HomeMy WebLinkAbout4522PLANIqI1WG BOARD MEMBERS
BENNETT ORLOWSKI, JR.
Chairman
WILLIAM J. CREMERS
KENNETH L. EDWARDS
GEORGE RITCHIE LATHAM, JR.
RICHARD G. WAKD
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765~3136
Telephone (516) 765-1938
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
TO:
FROM:
RE:
DATE:
Zoning Board of Appeals
MeHssa Spiro, Planner~"
PB Action History
December 12, 1997
Please find the following in regard to your memorandum of December 10,
1997, in which you asked for the history of actions by the Planning
Board on the following parcels:
1000-141-4-38 (Sacker)
The Planning Board office does not have a record of any action in
regard to this parcel.
1000-141-4-39 (Krueger)
The Planning Board office does not have a record of any action in
regard to this parcel.
1000-86-7-5 (Rushin and others)
The Planning Board office does not have a record of any action in
regard to this parcel.
Page 20 - Transcript ~Hearings
Meeting of October 23, 1997
Southold Town Board of Appeals
7:56 P.M. - JOINT PUBLIC HEARINGS: Two applications Cried by
PATRICIA RUSHIN and PAMELA MOTTLEY .regarding property located
at 6850 Indian Neck Lane, Peconic, N.Y.; County Parcel #1000-86-7-5 of
149,054 sq. ft., which project is further described as follows:
CHAIRMAN GOEHRINGER: Appl. #4522 - Special Exception is requested
to convert existing principal building from one family to two family use,
as provided under Article III, Section 100-31B (1); and Appl. #4523
Variances under Article III, Section 100-32, B,,Ik, Area and parking
Schedule, as to the existing nonconformities of the property size and
bui]rling setbacks, for the proposed conversion of the exisl~ng principal
singie-f~mily use to a two family dwelling use, in addition to the
preexis~ng guest cottage, which cottage is included in February 6, 1986,
Certificate of Preexisting Occupancy #Z-14212, Zone: R-80 Residen~l. I
have a site p{~n from Brenn~n Design Works, Inc. indica~ng the proposed
addition to the existing two-story frame dwe{llng. The date on that is
August 19, 1997, and we have a copy of the Suffolk County Tax Map
indicating th{.~ and surrounding properties in the area. We ask you to
state your name for the record, Sir.
PATRICK BRENNAN: Patrick Brennan.
CHAIRMAN GOEHRINGER: How are you? What would you like to tell us
Sir?
BOARD SECRETARY KOWALSKI: You may want to mention th~t there's
written opposition on thl.q for the record.
CHAIRMAN GOEHRINGER: OK. Oh, I'm sorry, there is some opposition
in the record which you may or may not be aware of.
MR. BRENNAN: I'm aware of it. If I may I'd like to give you a little bit
of background. I was hired by Pat Rushin and Pamela Mottley. I'm an
architect. They engaged me to redesign their home and to assist them in
the application.
MEMBER TORTORA: Could you speak in the microphone so that we can
get thi.q on the record please?
lVIR. BRENNAN: Yes, do you hear me better now. Pat Rushln and Para
Mottley are sisters, and they recently inherited the house from their
mother, and two sisters and their fgmilies have been using the house
since 1941. It ha.q been in the family and they've been maintaining it and
enjoying it and using it in pretty much in the s~Lme way. The fRmilles
get together mostly from May to October to use the homes in s,,mmer.
They were really interested in the North Fork and their home and their
love for it and approached me with the idea that they want to preserve
the quality and the integrity of their site as much as possible but with
both families growing they need to accommodate both families on the site
since they both want to continue to use it, and they both have children
and one of the fRmilles has grandchildren. Pain's approach was, I think a
Page 21 - Transcript WHearings
Meeting of October 23, 1997
Southold Town Board of Appeals
thoughtful and sensitive approach, because they hi~ed an architect - I
did prepare a new design snmm~y for them so I could explain to them all
the considerations that they had to take into account. If I ~ay, I'd l~ke
to give you a copy of that. (Gave copy of Design S,~mmsry for the
file. ) I did not include that with the application.
CHAIRMAN: Sure.
MR. BRENNAN: I'm sorry, I only have one copy with me. Some of
their initial considerations were to come up with some way to accommodate
both fnmilles equally and in a reasonable way, a sensitive way and they
didn't want to add any more buildln~o~ to the site. They didn't want to
cut down on trees. They want to r~int~in the look and feel of the
property as it is as much as possible. I researched it and tried to
consider all the options. I went to the Bul]dlng Department first to
discuss it with Inspectors Gary Fish and John Boufis. I told them what
my chnllenge was and asked their advice on how to approach thi.~. I
prepared the pre-design report explaining the situation to the owners;
and based on my findings in research, I recommended that they should
try to accommodate both f~milles through a two-f~ml]y home because that
would have the least impact on the quality of the site and the
neighborhood. That's most in keeping, I think, for the purpose of the
low density residenti~! already zoned and it would be most likely approved
by the town through the speni~l exception. And in that sense it would
come in at a reasonable cost for the owners without much hardship and it
mgkes the use of the existing house which needed some attention. Some
of the other options that we considered were purling one f~mily in the
cottage, which e~ists on site. It's a legal cottage but it's a
nonconforming use; and I explained to them thgt it would be difficult to
expand on the cottage and that the town would l~liy like to restrict any
work on the cottage to mginten~nco. That's really the town's view that
through neglect or some accident, hopefully nonconforming uses will go
away, and that the town would not be too excited about going to develop
the cottage. I was also advised by the Building Inspector that it would
be hlghiy ,,nllkely that the Board would consider a variance for the use
of the cottage.
CHAIRMAN GOEHRINGER: That's a season~{ dwelling isn't that, Pat?
That has no heat in it, right?
MR. BRENNAN: Yes. No, it does have heat in it.
CHAIRMAN GOEHRINGER: It does have heat in it?
MR. BRENNAN: Yes.
MEMBER TORTORA: It's still a seasonm! dwelling?
MR. BRENNAN: Yes. They use it as a s~,mmer home, both.
CHAIRMAN GOEHRINGER: What does it have, electric heat?
Page 22 - Transcript ~l~-Iearings
Meeting of October 23, 1997
S~)uthold Town Board of Appeals
MR. BRENNAN: No, it has oil.
CHAIRMAN GOEHRINGER: It h~.~ oil.
MR. BRENNAN: The other thing was that aside from the ( ) results an
increase in size of the cottage wouldn't have a negative impact on the
property and the site to have two larger dwellings in a proximity, I
think, it would make it appear denser and be less desirable. The other
option I considered with the owners was they have a subdivision, and
somehow separa~ng the lot into two lots maybe t~Idng the cottage out of
the same lot as the main dwelling, or bui]ding another building on the lot
- on a separate lot. The owners were not excited about this because
they thought that that was less in keeping with their ideas as well as the
town's ideas about open rural space and low density. So, that was not of
interest to them and they f'L~mly believe that that would most
substantially have the impact of the site in a negative way. I am aware
of the objections that ~me in. If you ffke, I would like to have the
opportunity to address them. Should I do it now?
CHAIRMAN GOEHRINGER: You can do it now, or you can do it later. It
doesn't matter I suppose.
MR. BRENNAN: Are you fAmilla~- with the objections from the Varano
family? Kathleen Varano?
CHAIRMAN GOEHRINGER: Yes. We've had applications before, before us
from her late husband and her.
MR. BRENNAN: Right. The Varf~lOS mgke a couple objections in the
letter. The Un-st one, about ground water and cesspools. I believe thi.~
is really sort of a grounds argument because the new work, the new
proposed work to the house would in fact be better in that it's more
stringent with the Health Department and the Town Building Code, or the
New York State Building Code, protect the Varanos' interest in that they
would be put in accordingly, and new toilets and fixtures, more water
efficient. We would only add one new tmth,-oom and one new kitchen to
the dwelling and water conservative devices would be used as required.
And as far as I know the Rushina and Mottleys don't have any hi.~tory of
water problems. They do have a well.
The second issue that the Varanos bring up is the rent, l.~. The
owners have made it very clear that they have no intention to rent either
building. They only want to use it for their fmmilles and they also
brought to my attention that the Varanos rent out their home and that
this past s,,mmer the Varanos didn't use their home but it was rented out
to another fmmily.
As far as the general compt,lnt as the density would be increased or
decrease the quality of the neighborhood, I disagree because thi.~
approach does not involve adding any new bui]dlngs to the site, and the
small addition that would be necessary to accommodate both families is
Page 23 - Transcript ~'Hearings
Meeting of October 23, 1997
Southold Town Board of Appeals
really only a 32% increase in livable floor area and represents only a
half-percent increase in lot coverage and doesn't infringe any further on
any setbacks. And as you can see from the drawings that the proposed
additions are kind of in the center of the lot, east to west. The Varanos'
complaint has to take argument with their complaint because their
approved subdivision, I think, ~ h~ve - will be more h~kely to impact
the quality of the neighborhood and the environment because they have
the potential of adding t~vo more buildings to their lot. And the
paragraph that the Varanos quoted in their letter of objection which is
from Pat Rushln's objection of 1994, Pat Rusbin still firmly believes in
that sentiment and she believes that in fact supports her position today
because her approach again is to minimize any impact to the
neighborhood, per se. That's all I have.
CHAIRMAN GOEHRINGER: The existing garage that we see first, before,
that is a garage, not a cottage?
MR. BRENNAN: Yes. BOARD SECRETARY KOWALSKI: It says on the
map "framed cottage barn." So it's not a framed cottage barn?
MR. BRENNAN: Well, it's a two car garage. It has a carport on the
north end and on the south end it bas a - like a porch - and a storage
room. It's a room with windows and doors, but it ha.~ no facilities. They
don't using it for sleeping, just for storage.
BOARD SECRETARY KOWALSKI: It's not really a cottage, then. No.
MR. BRENNAN: It's not really a cottage. It's been showing up as a
cottage on all the surveys. But, they never used it as a cottage. It
was built by Pat and Pain's father.
CHAIRMAN GOEHRINGER: Are you willing to give up the seasonR1 use or
any use of the Cottage in the construction or the reconstruction of this
house ?
MR. BRENNAN: I don't think they would like to give that up.
CHAIRMAN GOEHRINGER: OK. Because we have a square footage
problem in reference to what's allowed for two-family houses and that's an
area that we really can't vary - you know what I'm saying? So I, you
know - we certainly can do a trade-off and that's the reason why I asked
the question. Do we like to? No. Do we do them sometimes? Yes.
I personally think that's the only way you're geing to get two kitchens in
that big house. I have no objection to you reconstructing that house and
m~king that house bigger but we have dealt with thi.q issue since the
beginning of time to be honest with you. We've gone frem shared
kitchen, to unsha~ed kitchen to no kitchen at all for the purpose of
expanding familieS, uses and so on and so forth. But I can't foresee us
pushing the issue of two families along with the guest cottage on a piece
of property of thl, size. We raalize the property is long. We realize
the property is large. OK? But it doesn't meet the criteria that we
Page 24 - Transcript o'l~q{earings
Meeting of October 23, 1997
Southold Town Board of Appeals
need for the Special Exception situation. If you were to tell us tonight,
"well we'll eliminate the kitchen and just let me add the bedrooms and the
upstairs, downstairs, onto the house" and whatever variance aspects that
are before us, you know, we'll address those issues. But, I'm warning
you that - (interrupted). What?
MR. BRENNAN: Not creating a two family dwelling?
MEMBER TORTORA: That's correct.
CHAIRMAN GOEHRINGER: That's correct. Yes but, I'm warning you,
that we are really without authority to exceed that square footage of the
lot.
MR. BRENNAN: The square footage of the lot?
CHAIRMAN GOEHRINGER: Yes. You know, you need 160,000 sq. ft. for
two fnmily.
MR. BRENNAN: The lot I believe, is within 7% of thnt requirement?
CHAIRMAN GOEHRINGER: Yes, but you also have an existing, it hn.~ to
be a -
MEMBER TORTORA: That's a legislatively-adopted requirement. We can't
vary what is legislatively adopted. If it wasn't in the Code, if it
wasn't part of the Special Exception to a two-family use, we could vary it
but it very specifically says, thi.~ is what we must have. So, that's why
Jerry has asked you-.
MR. BRENNAN: I guess I'm confused, isn't that what an area, isn't an
area varlnnee is available somehow?
CHAIRMAN GOEHRINGER: Yes, thin is a Spe~inl Exception, thlg isn't an
area val~ance.
BOARD SECRETARY KOWALSKI:
both.
But there's both. He's applying for
CHAIRMAN GOEHRINGER: Yes, well fine, for both of course, yes.
MEMBER DINIZIO: But to meet the Special Exception criteria, that is set
down by the law itself. It's slmiln~ to the Bed & Bre~ld'ast Law, where
you have to have five thln~o~. You have to have thin, well, if you were
to have 750 sq. ft., we can't vary that.
CHAIRMAN GOEHRINGER: Let me give you another example too. We also
have an Accessory Apartment Law in the Town of Southold, OK, in
existing dwellings. You can't have a Bed & BrenkFast in an accessory
apartment aiso. In thi.~ particular ~n~e you're looldng for a two-fnmily
and then you have an exis~ng cottage. That was the purpose, let me
Page 26 - Transcript o~Hearings
Meeting of October 23, 1997
Southold Town Board of Appeals
MEMBER TORTORA: Because you do no meet the basic requirements of
the Code that the analogy Mr. Dinizio has given you is quite right.
MR. BRENNAN: For that area of the lot?
CHAIRMAN GOEHRINGER: Right.
MEMBER TORTORA: The lot size area.
MR. BRENNAN: But, you make a consideration if we were to give up the
cottage?
CHAIRMAN GOEHRINGER: Well, that's my suggestion, OK. That's not
the Board's suggestion, OK. You know, we may have to seek guidance
from counsel on that aspect.
MEMBER TORTORA: There's nothing in the Code that says, that if two
sisters want to live in one house and share the house they can't do
that. What I think Mr. Goehringer said, if they want to share the house
together that's fine. But they're not going to have two kitchens in the
house and they're not going to have two separate dwelling units.
CHAIRMAN GOEHRINGER: We've actually done it with pocket doors. We
had a house in Greenport, a brand new dwelling. You remember that one?
MEMBER TORTORA: Yes, I do.
CHAIRMAN GOEHRINGER: OK. And they logistically drew a llne right
down the center of the house and used the shared kitchen with pocket
doors. And, it wasn't that they didn't speak, it's just they enjoyed
their own privacy.
MR. BRENNAN: Yeah, I think this is a similar situation.
CHAIRMAN GOEHRINGER: Yes, you know, I mean you have so many
other options too, being- using it for primarily summer and good
weather use, you know, that there are times when you're going to be
cooking outside on a gas grill, or a regular open charcoal pit, and so on
and so forth. And I'm not trying to sell that item to you, but I'm
telling you that I don't have a particular problem with the additions but
we c~nnot deal with the kitchen aspect. So, I mean I don't want you to
give us an answer now. You are welcome, we can again- we can recess
this and you can speak to your clients tonight, or we can recess untLl
the next regularly scheduled meeting, and have you come back.
Certainly the weather is still good. You can start the foundation
construction in December and you know.
MEMBER TORTORA: Our next meeting is in two weeks, so, it may give
you some time to think about other options.
Page 27 - Transcript ~'ff~Hearings
Meeting of October 23, 1997
Southo]d Town Board of Appeals
MR. BRENNAN: OK. Could I make an argument for why I believe that
the cottage itself doesn't, it should not be considered in the equation?
CHAIRMAN GOEHRINGER: You mean as reconstructed?
MR. BRENNAN: No, as it is.
CHAIRMAN GOEHRINGER: Or the elimination of the cottage?
MR. BRENNAN: Right.
CHAIRMAN GOEHRINGER: OK.
MR. BRENNAN: I'll have these plans corrected, they shouldn't do
any*hing with the cottage and that it would be unlikely that they would
be allowed to anything to the cottage, except maintenance?
MEMBER TORTORA: That a preexisting nonconforming use.
CHAIRMAN GOEHRINGER: That is correct.
MR. BRENNAN: And that eventually it is the Town's understanding I
believe that eventually those things wili fall away?
CHAIRMAN GOEHRINGER: That is correct.
MR. BRENNAN: So could it be considered that the cottage is of a
temporary nature in terms of having bearing on whether it is two or
three dwellings on the lot?
CHAIRMAN GOEHRINGER: Certainly if the cottage burned down, alright,
you wouldn't get an instantaneous building permit to rebuild. You
probably would have to come before the Board.
MEMBER TORTORA: What is the cottage used for now?
MR. BRENNAN: It's used for one of the families. One of the sisters
generally uses the cottage. One uses the house, but the cottage is smali
and damp. It's just doesn't - it's not well suited to it.
MEMBER TORTORA: So currently, one of the sisters is using the cottage?
MR. BRENNAN: Mostly, yes.
MEMBER TORTORA: And one of the other sisters is using the house?
MR. BRENNAN: But they share the dining room and the porch of the
house and -
MEMBER TORTORA: So, if both sisters are living in the main house then,
what will become of the cottage?
Page 28 - Transcript o'T'Hearings
Meeting of October 23, 1997
Southo]d Town Board of Appeals
MR. BRENNAN: It'll be overflow for their children and grandchildren.
CHAIRMAN GOEHRINGER: That's uniquely what most of the cottages
have been on these, I'll refer to it as a palatial piece of property
because it is a palatial piece of property; and we're very cogniza~lt of
those situations and the restrictions that are normally placed on those
buildings if they were not cottages, that they not be used for sleeping
quarters. Do you understand? So, I mean this particular case, you
have a C of O for a preexisting nonconforming cottage, which is
internally- the whole CO encompassed all the buildings ou the property.
MR. BRENNAN: Right. I thought that when I was introduced that this
was a unique situation because they hadn't always used the cottage. And
it was built as a cottage and it wasn't someone trying to pull something
over on the Town, and I think that the owners feel like they should not
be penalized for having maintained that cottage or I~intaln the pl~operty
in general, and I thlnl~ that they their feeling is that that should not be
held a~ainst them. That they have fallen intp that category -
nonconformity because -
CHAIRMAN GOEHRINGER: I don't thlnl~ that is the case Mr. Brennan. I
think the case is you got 3-1/2 acres and you need 4. I mean that's
basic -
MR. BRENNAN: Right.
BOARD SECRETARY KOWALSKI: Need 6 acres. It's two acres for each
dwelling unit so it wonid be 6 acres he would be needing.
MEMBER DINIZIO: Well, that's if you consider the cottage.
BOARD SECRETARY KOWALSKI: If he keeps the cottage. Yes.
CHAIRM-&N GOEHRINGER: Yes, but I mean for the Special Exception you
need 160,000 sq. ft. You have 3-1/2 acres.
BOARD SECRETARY: Without the cottage, right.
MR. BRENNAN: Right.
CHAIRMAN GOEHRINGER: So, you're a half acre short.
MR. BRENNAN: Yes.
CHAIRMAN GOEHRINGER: Just on that aspect of it.
BOARD SECRETARY KOWALSKI: Without the cottage.
CHAIRMAN GOEHRINGER: Without the cottage.
MR. BRENNAN: I thought that that was a -
Page 29 - Transcript o'T'Hearings
Meeting of October 23, 1997
Southold Town Board of Appeals
CHAIRMAN GOEHRINGER:
what you're saying?
You thought you could vary that, is that
MR. BRENNAN: W~ll that would be something that would be open to the
variance aspect. But you're saying that Special Exception does not,
you're not allowed to take advantage. You can't use Special Exception
and area variance?
CHAIRMAN GOEHRINGER: To answer your questions, OK, we don't
normally mix apples and oranges. Do you want the Code, I didn't bring
a copy of the Code. Do you have yours out, Jim?
MEMBER DINIZIO: No.
MR. BRENNAN: I have a copy.
CHAIRMAN GOEHRINGER: You do.
MEMBER TORTORA: No, that's OK, I'll go into the office.
CHAIRMAN GOEHRINGER: OK, is there anything else you'd like to say
while Mrs. Tortora is checking?
MR. BRENNAN: Well, I guess I'm just interested in more clarification of
this. I will need to a obviously speak with my clients. The Board's
suggestion is to -
MEMBER TORTORA:
exception.
I just wanted to look at the criteria for a special
CHAIRMAN: Sure. I was looking for it before. I wanted to refresh my
memory.
CHAIRMAN GOEHRINGER: To answer your question. We normally don't
mix apples and oranges. Do you want the code (to Member Tortora)? I
didn't bring a copy. Do you have yours, Jim?
MEMBER DINIZIO: No.
MR. BRENNAN: I have a copy.
MEMBER TORTORA: That's ok. I'll go to the office.
CHAIRMAN: Is there anything else you would like to say while Mrs.
Tortora is checking?
MR. BRENNAN: Well, I guess I was just interested in more clarification
at best. I will need to obviously speak about this with my clients, so,
the Board's suggestion is to --
CHAIRMAN: Eliminate the kitchen.
Page 30 - Transcript o-T'Hearings
Meeting of October 23, 1997
Southold Town Board of Appeals
MR. BRENNAN: We could go with a two family dwelling. The legal two
family dwelling, which would have two complete housing facilities under
one roof?
CHAIRMAN GOEHRINGER: No. That's my suggestion. My suggestion
is to eHmlnate the cottage and do the trade-off for the - because the
cottage has a kitchen, is that correct?
MR. BRENNAN: Yes.
CHAIRMAN GOEHRINGER: OK, it has complete-house type of situation?
MR. BRENNAN: Yes.
CHAIRMAN: - habitable dwelling standards. That's my suggestion. I'm
telling you that's mine in particular. I'm saying that I would probably
seek legal counsel in reference to that trade-off, alright.
MR. BRENNAN: Yes.
CH AIRMAN: Our, I think, total suggestion is: ellmiuate the kitchen of
the new proposed addition, OK, and just build it with a shared kitchen
as you have it now. That doesn't mean you can't enhance the kitchen
that you have. But quite honestly that's my suggestion- I mean that's
the 'Board's suggestion. And, you know, just the way you're planning to
construct it and you know, I mean, I don't think anybody is going to
stop you from reconstructing a very beautiful stately house on 3-112
acres. Is that correct (to board members)?
MEMBER DINIZIO: Well I just - my concern is that you'd like to end up
with three dwelling units and basically I'd like to see and I know we've
done it in the past is a trade-off in that direction considering that the
lot "is" so large. In other words in your case, so that you don't quite
meet the, you know, for two families as you're half acre under, you
know, we can consider that similar to a subdivision, only not a
subdivision, that you have two dwelling units on that 3-1/2 acres to me is
not so, you know - I don't really have too much of a problem with that
except that you're asking for three - and what do you do? Do you come
back, I sound - like Bob, do you come back in a year and say, now you
want to chop off, you know, two acres and subdivide and build a house
back there? Now you've got it on two acres of land or an acre and a
half, you got three dwellings and then you'll have another dwelling, and
I think that's the concern here.
MR. BRENNAN: What would the concern be?
MEMBER DINIZIO: Well, that would be my concern. That you would come
back later on and say, "well we have 3-1/2 acres, we'd like to subdivide
that" and you know, on one piece of property say, you know an acre,
and on 1.75 acres you have three dwellings and you want to subdivide
and have another lot that you want to build another house on. Legally.
Page 31 - Transcript ~T'Hearings
Meeting of October 23, ]997
Southold Town Board of Appeals
So, in some way, there's got to be a little bit of give and take in that
respect; and I know in the area we've done some pretty liberal things, I
think, but certainly most of the applications we had in that area did
consider that the lots are so long and narrow and they were odd ball
cottages that were there like this for years. I'd like to see in some way
come up with some kind of a compromise in that respect. Two kitchens to
me in one house are not objectionable, it's just a question of the amount
of people that you could having living on there. The neighborhood
doesn't reaiIy support it in my opinion.
CHAIRMAN GOEHRINGER: Right, as I said before, also that the variance
procedures that are before us also, or the fact that you don't meet the
setbacks for a two family house, so, you know, we are with that
understanding.
MR. BRENNAN: Yes. Wouid - there are other requirements for a two
family dwelling, like a fire separation between tenancies. If at some
aspects of the two-family dwelling were not carried out to in effect not
creating a two family dwelling, not having two kitchens as per your
suggestion, or not having separate entries, or not having a fire
separation.
MEMBER TORTORA: You're not having a two family dwelling.
MR. BRENNAN:
Right.
We're not having a two family dwelling? Not being -
CHAIRMAN GOEHRINGER: What we're saying to you is we have two
people on a Deed that want to use the house simultaneously or
concurrently, OK.
MEMBER TORTORA: You see it doesn't matter if they're sisters.
doesn't really matter.
It
CHAIRMAN GOEHRINGER: It doesn't really matter because it could be
two friends that didn't want to go out and spend $600,000 for a piece of
property and just wanted to enjoy it together. We've seen this.
MEMBER TORTORA: Two years from now the two sisters could not be
talking to each other and it could be two separate families.
MR. BRENNAN: I understand.
MEMBER DINIZIO: Or one sister could rent it to somebody.
MR. BRENNAN: Yes. It's unlike giving an apartment a permit for an
apartment which is attached to it. Applicant ( ). I think that they
just were trying to take the approach that was most in the spirit of the
Zoning Code.
Page 32 - Transcript ~Hearings
Meeting of October 23, 1997
Southold Town Board of Appeals
CHAIRMAN GOEHRINGER: Right. Well, we appreciate that, but we're
just saying to you- that we're not within the, we don't have the ability
to vary that particular portion of the Special Exception, alright. So,
whatever your choose to do, we're not pushing you tonight. We're
saying to you, go hack to your clients and see which way you want to
go. In the interim I will personally seek legal counsel on the issue as
well. If you choose to relinquish the use of the cottage, we'll discuss
that issue. I will discuss that issue. All right?
MR. BRENNAN: All right. OK.
CHAIRMAN GOEHRINGER: It's just a prelimiuary thought, alright.
Certainly we would just rather see you build the building with the
additions and use the kitchen together.
MR. BRENNAN: Yes.
BOARD SECRETARY KOWALSKI: Can he apply for an accessory
apartment?
CHAIRMAN: No. It won't qu~lWy because it is already constructed after
1984.
BOARD SECRETARY KOWALSKI: The house was built before 1984, right?
MR. BRENNAN: Yes.
MEMBER DINIZIO: Yes there is a possibility.
BOARD SECRETARY KOWALSKI: You have a CO.
possibly for an accessory apartment.
You could qualify
MR. BRENNAN: Yes. We have considered that.
MEMBER DINIZIO: But certainly, then someone who owns the house
would have to live there. That's, as opposed to a two family house -
MR. BRENNAN: Right, one side has to be bigger -
MEMBER DINIZIO: Right, owner occupied, which is, you know, the town
considers that a fairly valuable piece of legislation - then you don't
have absentee landlords.
CHAIRMAN GOEHRINGER: The only thing about that is that you're really
circumventing that portion of the law because now you're going to add a
big addition onto the house, OK, for the sole purpose of either the m~in
dwelling or the apartment, you know, and in this particular case it would
have to be for the rosin dwelling. The apartment would have to exist in
the existing portion, in the existing portion of the house and then the
addition would be just very simply the -
Page 33 - Transcript ~'~Hearings
Meeting of October 23, 1997
Southold Town Board of Appeals
MR. BRENNAN: Right, I understand.
CHAIRMAN GOEHRINGER: It's really not, doesn't really faU within the
overall objective, I should say, of the accessory apartment law.
MR. BRENNAN: Yes, I understand.
CHAIRMAN GOEHRINGER: And then we run into the problem with having
the nonconforming cottage back on the property.again, and it goes back
to the discussion I had with you about two Special Exceptions. One for
an accessory apartment and one for a Bed & Breakfast. And then we
have to seek legal counsel on that aspect again.
MR. BRENNAN. Right. I understand. I just want to reiterate that the
owners in no way want to create something objectionable.
CHAIRMAN GOEHRINGER: Right, of course, and we appreciate that.
MR. BRENNAN: And I certsinly did not advise some sought of creative
interpretation of the Zoning Code in terms of trying to split the kitchen
or something like that. It was not - the intent was entirely to do it
within the means of the law.
CHAIRMAN GOEHRINGER: The confines of the law, right. So, you're
going to get back to us? You want us to recess that and we'll see you
the next meeting and we'll try to put you on right in the beginning and
you can tell us which way you want to go.
MR. BRENNAN: OK, thank you.
CHAIRMAN GOEHRINGER: Thank you. Is there anybody else would like
to speak in favor that is at this hearing? Would anybody like to speak
against? Seeing no hands I'll make a motion recessing the hearing to the
next regularly scheduled meeting.
BOARD SECRETARY KOWALSKI: Could you give a date with that,
November 13th?
CHAIRMAN GOEHRINGER: November 13th. Thank you, Sir. Safe home.
Motion carried.
(1-516) 765-1809
O~'l~'lCE OF
BOARD OF APPEALS
$3095 ~,in Road.
Southold, NY 1197'i
(1-516) 765-1823 fa~:
INTERNAL TOWN MEMO
TO:
FR OM:
DATE:
SUBJECT:
pl~nnin~ Board
Board of Appeals
December 10, 1997
PB Action History
Please confirm whether there is any history of actions by the
p}nnning Board for the foIlow~ng parcels:
1000-141-4-38 (Sacker)
1000-141-4-39 (Krueger)
1000-86-7-5 (Rusbin and others).
Thank you.
Brennan Design Works, Inc.
Linda Kowalski
Board of Appeals: Town of Southold
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, NY 11971
(516) 765-1800
17 November, 1997
RE:
Patricia G. Rushin and Pamela G. Mottley
SCTM: 86-7-5
Dear Ms. Kowalski,
Enclosed please find a check in the amount of $4.00 for the October 23, 1997 ZBA hearing
minutes. It is my understanding that the next hearing for the above project will be on January 22, 1997.
Sincerely,
Patrick Brennan, AIA
Principal
BRENNAN DESIGN WORKS, INC.
encl./
PKB/pkb
526 West 22nd Street New York, New York 10011 t. 212.989.1123 f. 212.807.1909 bdwinc@aol.com
TOWN OF SOUTHOLD
RECEIPT FOR COPIES
NAME f~Z' ,~/~'"~'"~'~/
AMOUNT RECEIVED $
Received By
N? 566
OCT 23 '97 08:44AM SB RESEARCH
-- I Number of pa~es intruding cover #_he. et
TO:
Linda Kowalski
$outhold Town Board of
Appcalz
FROM:
Yvonn¢ Rogowski
Fax Phone
CC:
516.765.1809
516-765-1825
[] Urgent ~ For your revt~w
I Phone
Fax Phont
[] R~ply ASAP
[] Pleoze Comment
Our private well is w~bln 15 feat of'he (western) proparty line of the property in
question, Conversion into two families would at least double ground water taken from the
frag~e Aquifer, as well as significantly increase waste drahmge into the cesspool systems.
There already exists a free standing cottage with its own systems, aa well aa a garage. We
feel such a conceniration unnecessarily threatens our water supply, especially due to our
proximity to the salinity of Pcconic Bay. We are a family with small children and are
especially concerned for their safety.
Main Dwelling
Relief Requested/Jurisdiction Before This Board in this Project:
ConYer~ion of main dwelling from one-family to two-family.
This Notice is issued pursuant to Part 617 of the Lmplementing
regulations pertaining to Article 8 of the N.Y.S. Environmental Quality
Review Act of the Environmental Conservation Law and Local Law #44-4 of
the Town of Southold.
An Envirom~ental Assessment (Short) Form has been suba~tted with the
subject application indicating that no significant adverse environmental
effects are ]~ke~y to occur should the project be implemented as planned,
and:
{ } this Board wishes to assume Lead Agency status and urges
coordinated written comments by your agency to be submitted with the next
20 days.
{ x} this Board has taken jurisdiction as Lead Agency, has deemed --- ~-- · *~ ~= an ~.l~t~d SEORA Action, and has
Albert j~ ICa'upski, President
John Holzapfel, Vice President
Jim King
Martin H. Garrell
Peter Wenczel
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
Town Hail
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Telephone (516) 765-1892
Fax (516) 765-1823
Ootober 7: lq97
J.M.O. Consultinq
Glenn E. Just
P.O. Box 447
Quogue NY 11959-0447
RE: PAM MOTTLEY & PATRICIA RUSHIN
SCTM #86-7-5
Dear Mr. Just,
The Southold Town Board of Trustees reviewed your survey, dated
and received in this office October 6, 1997 and found that the
proposed project is clearly out of the Trustee Wetland
jurisdiction.
This determination is not a determination from any other agency.
If you have any further questions, please do not hesitate to
call.
Sincerely,
Albert J. Krupski, Jr.
President, Board of Trustees
cc. Bldg. Dept.
New York State Department of Environmental Conservation
Building 40 - SUNY, Stony Brook, New York 11790-2356
Telephone (516) ~.~?.-0365
Facsimile (516) ~,~.a.-0360
John P. Cahill
Commissioner
LETTER OF NON JURISDICTION-TIDAL WETLANDS
October 8, 1997
Pam Mottley & Patricia Rushin
4136 Indian Neck Road
Peconic, NY 11958
Re:
1-4738-01769/00001
Mottley/Rushin Property
4136 Indian Neck Rd, Peconic
SCTM# 1000-86-?-5
Dear Ms. Mottley & Ms. Rushin;
Based on the information you have submitted, the New York State
Department of Environmental Conservation has determined that:
The portion of the property landward of the top of the bluff as shown
on the survey prepared by John T. Metzger dated 8/28/97, is beyond
Article 25 Tidal Wetlands jurisdiction.
Therefore, in accordance with the current Tidal Wetlands Land Use
Regulations (6NYCRR Part 661) no permit is required under the Tidal
Wetlands Act. Please be advised, however, that no construction,
sedimentation, or disturbance of any kind may take place seaward of
the tidal wetlands jurisdictional boundary, as indicated above,
without a permit. It is your responsibility to ensure that all
necessary precautions are taken to prevent any sedimentation or other
alteration or disturbance to the ground surface or vegetation within
Tidal Wetlands jurisdiction which may result from your project. Such
precautions may include maintaining adequate work area between the
tidal wetland jurisdictional boundary and your project (i.e. a 15' to
20' wide construction area) or erecting a temporary fence, barrier, or
hay bale berm.
Please be further advised that this letter does not relieve you of the
responsibility of obtaining any necessary permits or approvals from
other agencies.
cc:KK/file
Glenn E. Just, J.M.O. Consulting
truly yours,
~A~mn~nistrator
· ~...~,.~ $OUTHOLD..TOWN BOARD OF applications filed by
APPEALS, at the Southold Town Hall pATRICIA G. RUSHIN nnd.
53095~M.~n Road, Soutbui~New.York__....PAMELA. O. MOT/'LEy .r. ep.~i, ingk
11971, ~n THURSDAy,:'OCTOBER , ' property located at 6850 roman
23, 1997 at the times nOt~d b~ow (.o,r as Lan,, ?scenic, N~Y;~.C. oun?
7:00 p.m. AppL #4520 --~ STAN- followmgnpptova .
LEY PAWLOWSKL Based upon t~ I) Appl. ~4522 -- Special
Building lnspecior's Augu~ 2~ 1997 ception ~s requested to convert
Not, ce of Diesppmvni, a?mtance is ' "= isling pdncyni bnilding from one=
reque~ed for an #a~ b~lt~ tennis court, family to lwo-family' use, as
whidt cor~uaion e~ce~de the 20~ '- . vlded under Article Ill, Section 100-
allowable thim lot covemg~i fog nil, 31BO); and ·
buildings - and .' structures, m~d Jer.. 2) AppL #452~ -- Varinnces
npprov~l of.its p~esant location partly in : under Article I1~ Section 100-32,
n side yard and atlas than 10~ from .' ' Bul]~AreaandParklngScbeduin. es
side smt rear pmpeny lines, i.x~tl~of - ~ the existing nonc~fm~nities of
Property:: . 1783 iCmwn Lane,, ' t~ property si~ and building set-
Cure,ogee; 1000-~02-7-4. · ' ' .i.
COiU~,. d/b/n.' Soutboto ly use to a Ua~o-~muy ~ I~ ,
o~,~. p,,~'v LflcntJ6n: Co'er of¥~_ cottage, which coflage is l.n~_ u~eo m
~" ]~i["an~'--~/s Main Road,' ~ February 6, 1986 Cenfficato of
· ·
CAROLYN IL pon .....
;~ho Sop~mbe! 24,.-1997,~Noflc~ of: 1NOS: Two sppllcmlons by HAY
i Dk~ppmv~l,' · ~ b wtu~d" HARBOR CLUB, INC. ~ntin$
under A~icin XXIll,._Secflon 100- p~p~rty Iocmed in an R.120 ~
9~9.4A(1) for p~mi~[on to con~tmc~ ' Dislfic~ st O~ientol Avenue,
. dock ~htition within 100 fo~t of LI.' I~land; County Ps~cel #1000-9-12-8.1,
Sound bluff. Lo~t dn of .Ih~perty: .fm the fo[lowing appmw~
17975 Soundvtew Avenue, SoUthold, I) A~ul, #4~03 -- This is an
NY; 1000-51-1-?, : . .. . sppUcafilm for * Specinl ~eepflo~
7:2~ p.m. AppL ~4512 '.- under Article Ill, Socflon 100-
CItURCH OF GeD'INfO'tilT, A, 311~'/), subsets (s) through (d),
~ .'-, -. Building Impemor's S~mber2,1997' '" exis~ng golf ~ and related golf
for an "ns built ground s~n in its p~. ' ippllcafion based upon the July 22,
~v~ I~w brick bese. Locnflon of pm~ny: 1562~ =~.' auildin$ fospector in whic~ a permt~
~utbuid, C.R. ~.8, Cut,ego?? C~mty Pardi th' demolish ~ ~anesm~ s golf
l be held 1000=101-1-10/ r ' clubhoues and employee housing
by the 7:30 p.m. JOINT PUBLIC HEAR-. were diespproved on the following
~d in an R- : lin tbe abuv~ ~ppfies~or~Each
120 Dism~ tins non~nfo~mg ~' ~] ~ ~ ~fo~
building wi~ n n~nfo~ng ~, ' ed, ~d ~Hen ~temen~ may ~ su~
'~U~ only by S~ ~ mie~ ~fo~
(~r ~ l~31B)~1 ~ ~ ~ ~ fi~ ~ av~l~le for
sniped, ~nst~d ~ s~c- ~ . reHew during T~ ~11 buslne~
m~ly altor~ ~ m~ un~ ~e ~m~ p.m.).If~ have qu~flo~,
~ ~ su~ ~flding is ~ to a" ~ pl~ ~ ~imm m ~17~-1~.
~o~ing use' ~inin ~,-. Dal~:~r~l~
~on 1~3A ' fog a~ · ; - Byo~OF~
by ~ '~or In~don · ...... '- ~ ~:' ' BO~OF~
.~lfdub ~y h~ ~:. ~.., ,
~ ~ of A~ ~ a:~d'~': ''
~ ~ pl~y~l ~.:~~ : ~,' ~y H~ ~ki
~e Ton of 8outhold, County of Suffolk
8~t~ of New York, ~ad ~at the ~o~c~ of which
~e ~n~ed ~ a p~t~ co~, h~ been ~-
ly ~Hshed la ~id ~empa~r once each we~k
for ~ ~eks sIc~ssi~ly, ~mencl~ on
Principal Clerk
Sworn to before me this /'~:'~k
dayof ~, 19~
NOfARY PUBLIC, SIAIE OF NEW YORK
NO. 52~655242, SUFFOLK COUNff
COMMISSION EXPIRES AUGUST 31,
JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
TO:
FROM:
RE:
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
TELEPHONE
(516) 765-1801
SOUTHOLD TOWN BOARD OF APPEALS ~' SEP 2 9IZ~;?
JUDITH T. TERRY, SOUTHOLD TOWN CLERKi',
ZONING APPEAL NO. 4522
DATE: SEPTEMBER 29, 1997
Transmitted is application for a special exception submltted by
Patrick Brennan/ Brennan Design Works, Inc. on behalf of Patrlcia
G. Rushin & Pamela G. Motley together with Disclosure Form; Zoning
Board of Appeals Questionnaire; Short Environmental Assessment Form;
Certificate of Occupancy; Nonconforming Premises; Affidavits; Deeds;
and Survey.
Judith T. Terry
Southold Town Clerk
RECEIVED
OF SOUTHOLD, NEW YORK
BEP 1997 APPLICATION FOR SPECIAL EXCEPTION
Southold Town Clerk
TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK:
Patrick Brennan on the behalf of;
I (We), Patricia G. Rushin/Pamela G. Mot$~ey
Application
Date Filed:
(Residence, House No.
and Street)
Brennan Design Works, Inc.
526 West 22nd Street, New York, NY 10011 (51¢)734-5008
(Hamlet, State, Zip Code, Telephone Number)
hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with
the ZONING ORDINANCE, ARTICLE ITl[ , SECTION lO0-~l , SUBSECTION B (1)
for the below-described property for the following uses and purposes (and as shown on
the attached plan drawn to scale):
To be used as a Two-Family Dwelling for the purpose of accommodating
both Patricia G. Rushin and Pamela G. Mottley, who are the owners
of the property as tenants in common and sisters.
See attached drawings.
A. Statement of Ownership and Interest.
Patricia G. Rushin and Pamela G. Mottley -~(are) the owner(s) of
property known and referred t~as 6~50 Indian Neck Lane
(House No., Street, Hamlet)
Peconic, NY 11958
identified on the Suffolk County Tax Maps as District 1000, Section 86 , Block 7 ,
Lot(s) 5 , which is not ~+~ on a subdivision Map (Filed ,
"Map of "Filed Map No. ,
and has been approved by the Southold Town Planning Board on
as a [Minor] [Major] Subdivision). In part: 1962
The above-described property was acquired by the owner on In entire%y: 1997
B. The applicant alleges that the approval of this exception would be in harmony with
the intent and purpose of said zoning ordinance and that the proposed use conforms to
the standards prescribed therefor in said ordinance and would not be detrimental to
property or ~ersons in the neighborhood for the following reasons:
Because the family intends to continue to use the property in the same
capacity, as a summer home, that it always has since their grandfather
purchased the property in 1941 and because the lots are relatively
large and mostly wooded, the approval will not;
- ~ave a detrimental impact on the neighbors.
- adversly impact the environment.
C.- ~pet~ w°~yt~a~st~e°~fub~~Cet ~i~°~cl~ati°n is zoned R-80
[X] is consis%¢nt with the use(s) described in the Certificate of Occupancy being
furnished herewith.
L ] is not consistent with the Certificate of Occupancy being furnished herewith
for the following reason(s):
[ ] is vac ant land. i~tr~~2~
COUNTY OF SUFFOLK)
STATE OF NEW YORKi ss.: ick Brennan
Brennan D~si~n Works, Inc.
~ , -[Signature)
Sworn to b~re me thief-~ day of~'/)~.~ , 19~"~. ar Pu ~~'~'/~/~'~
~ y ~i"i/~ ) U JOYCE M. WILKIN$
~ Notaw Publ~, ~ate of New
ZB2 (rev. ~/6/~6)
No-4952246, Suffolk Coun~
~rmExpiresJunel~
and
AFFIDAVIT
To whom it may concern:
Patficia G. Rushin of 32 Black Banks Ddve. St. Simons Island. GA 31522 hereby authorize
(Owner) (Address)
Patrick Brennan. PrlnciDal of Brennan Design Works. Inc.
(Architect/Owner's Agent)
following;
to act on my behalf in front of the
Building Department, Planning Department and Zoning Board of Appeals in the Town of Southold, NY
Southold Town Trustees
Suffolk County Health Department
NYS Depadment of Environmental Conservation
in connection with my property located at;
6850 Indian Neck Lane. Peconic. NY 11958
(Address)
and described as;
SCTM: 1000-86-7-5
Sworn to before me this
/ ~f> day of
· 'NOT, -PU,B, LI[3' '
No 40,; ~',216
Commis$iol, Expires M~r, 6, 19_Z~
AFFIDAVIT
To whom it may concern:
Pamela G. Mottley of 120 East 89th Street. apt #2C. New York. NY 10128 hereby authorize
(Owner) (Address)
Patdck Brennan. PrinciDal of Brennan Design Works. Inc.
(Architect/Owner's Agent)
following;
to act on my behalf in front of the
Building Department, Planning Department and Zoning Board of Appeals in the Town of Southold, NY
Southold Town Trustees
Suffolk County Health Department
NYS Department of Environmental Conservation
in connection with my property located at;
6850 Indian Neck Lane. Peconic. NY 11958
(Address)
and described as;
SCTM: 1000-86-7-5
Sworn to before me this
/
¢ .day of
--~/J~','~,'~¢~'~, 1997
N~ PUBLIC
OWNER
TOWN OF SOUTIIOLD
OFFICE OF I]UII.,DING INSPECT(JR
TOWN IIALL
SOUTIIOLD, NEW YORK
CERTIFICATE OF OCCUPANCY
NONCONFORMING PREMISES
TItIS IS TO CERTIFY that the
/X_--/ Land Pre C.O. #- Z14212
/X/ Building(s) Date- Feb. 6,1986
/_-/ Use(s)
located at 6850 Indian Neck Road Peconic
Street Ha~nlet
sho~vn on County tax map as District 1000, Section 086 , Block 07
Lot 005 , does~not)conform to the present Building Zone Code of the
Town of Southold for the following reasons:
Non-conforming guest cottage. Non-conforming accessory build-
(3-buildings.) Non-conforming guest cottage in front yard.
On the basis of information presented to the Building Inspector's Office,
it has been determined that the above nonconforming /_~/Land /X_--/Building(s)
/-/Use(s) ekisted on the effective date the present Building Zone Code of the
Town of Southold, and may be continued pursuant to and subject to the appli-
cable provisions of said Code.'
IT IS FURTHER CERTIFIED that, based upon informalion presented to
the Building Inspector's Office,- the occupancy and use for which this Certifi-
cate is issued is as follo~vs: Property contains a one story, one family
wood framed dwelling; a guest cottage; an accessory building contain-
inq a work shop, two car garage & a carport. Property also contains
a wood framed shed; a bath house;.and an accessory metal shell build-
ing. All in an A-Residential-Agricultural Zone with access to Indian
neck Road.
The Certificate is issued to
of the aforesaid building.
GUINAN~ ~ATRICIA
(owner,
Suffolk County Department of Health Approval
N/R
UNDERVq~I'rE£{S CERTIFICATE NO.
N/R
NOTICE IS IIEREBY GIVEN that the owner of the above premises IL/kS
NOT CONSENTED TO AN INSPECTION of the premises by the Building Inspec-
tor to determine if the premises comply with all applicable codes and ordin-
ances, other than the Building Zone Code, and therefore, no such inspection
has been conducted. This Certificate, therefore, does not, and is not intended
to certify that the premises comply with all other applicable codes and regula-
tions.
Buiid in~..,nspector
that the preparer w£11 use currently &va£1able /nfo~at~on conce~ ~e
ad~onal s~es, rese~ or O~er ~ves~qa~ons will be ~der~.
(b) Z~ ~y ~s21on hs been angered Yes ~e projec~ ~y be s~q-
(c) Z~ ~i ~es~ons ~ve be~ ~swered No ~b ts Z~eZy ~2 ~e
pgojec~ ~s no~
(d) ~n~nta~ ~sessmen?
1. ~ill proJec~ resul~ in a la~qe physical chanqe
ko ~e project site or physicalZ~ alber mo~e
~es
~ ~s~q bod~ o~ wa~ Yes ~ ~o
on adjac~
~Yes
6. W~11 pro~ec2 af~ec~ any ~ea~ened o~ end~qered
P~ or ~Z Spec2es?
. Yes ~o
7, WtIZ p~ec~ gesu~ ~n a ~jor adverse eE[ecc on
8. ~ill p~oj~ ~ a ~o~ e~ec~ on visual
~ ~ be t~rt~t bo ~e c~ity? ~es
9. ~ill pro~ect adversely ~pacC ~y s~te or struct-
~e oi historic, pre-historic, or paleoncoloq~cd[
env~c~ a~ea by a lo~i ag~? . ~es
10. ~ill p~ec~ have a ~jor eEEec2 on e~sting or
furze gecreati~al op~rt~i~es? ~es
ii. ~ii p~ject resulC ~ u~or traffic prob~s or
' sysco? *
~es
~2. u~l p~ec~ r~u~a:ly ca~e objectionable odors,
~ce as a cesu~ o~ ~e pro~ec~'s operation? ~es ~o
~3. ~ pro~ec~ have ~ ~ac~ on P~c health
or sa~e~y? ~es
d~rec~y cGus~nq 4 q~ov~ ~ Pe~en~
per~ or ~ve a ~Jor fl~a~ve e~ec~ on ~e
cha~3ct~ o~ ~e c~ufl~C~ or neAq~rhood?
project?
pul~l~c controversy coflcerninq ~he
, Brennan Design Works, Inc.
QUESTIONNAIRE
FOR FILING WITH YOUR Z.B.A. APPLICATION
A. Please disclose the names of. the owner(s) and any other
individuals (and entities) having a financial interest in the
subject premises and a description of their interests:
(Separate sheet may be attached.) --
~aSr~cia G, Rushin Tenant in Common
Pamela G. Mottle¥ Tenant ~n Common
B. Is the subject premises listed on the real estate market for
sale or being shown to prospective buyers? { } Yes
{ X } No.' (If Yes, please attach copy of "conditions" of sale.)
C. Are there any proposals to change or alter land contours?
{ } Yes {X] No
De
1. Are there any areas which contain wetland grasses? No
2. Are the wetland areas shown on the map submitted with
this application? Yest Peconic Bay
3. Is the property bulkheaded between the wetlands area s-~
the upland building area? Yes
4. If your property contains wetlands or pond areas, have
you contacted the Office of the Town Trustees for its
determination of jurisdiction? Yes
E. Is there a depression or sloping elevation near the azea of
proposed construction at or below five feet above mean sea
level? No/N.A. (If not applicable, state "N.A.")
F. Are there any patios, concrete barriers, bulkheads or fences
which exist and are not shown on the survey map that you are
submitting? None If none exist, please state "none."
G. Do you have any construction taking place at this time
concerning your premises? No If yes, please submit a copy
of your building permit and map as approved by the Building
Department. If none, please state.
H. Do you or'any co-owner also own other land close to this
parcel? No If yes, please explain where or submit copies
of deeds.
I. Please list present use or operations conducted at this
parcel Single-Family Dwelling and
pr~De~ed .~se TWO-~ aml±y Dwelllng
Brennan Design ~orks, Inc.
/%/~/~,.. 2~_ ?_~- Wt4 F SOUTo Y REC --C:ARD----'
'OWNER
FORMER OWNER
VILLAGE
,ES. S~,S. Z~'~ v,.
FARM
LAND ' -IMP. TOTAL DATE
COM~.
LIND. tCB.
AGE
NEW NORMAL
Farm
Tillable 1
Tillable 2
Tillable, 3
Woodland
Swampland
Brushland
House Plot
T,.ctal.
BUILDING CONDITION
B~OW
Value:Per Acre
ABOVE
Value
FAo'~nt u
COLOR
TRIM
.,/
M. Bldg,
Extension
Extension
Extension
Porch
Porch
Breezeway
Garage
Patio
Foun~lation
Basement
Ext. Walls
Fire Place
Type Roof
Bath
Floors
Interior Finish
Heat
Rooms Ist Floor
Recreation Room Rooms 2nd Floor
O.B. Dormer Driveway
Total
21h3'
J Dinette
BR.
FIN. B
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Print Key Output Page 1
5763SS1 V3R2M0 960517 SOUTHOLD 10/01/97 14:24:11
Display Device : DSP15
User ...... : LINDAK
473889 SOUTHOLD
86.-7-5
6850 INDIAN NECK LA
= OWNER & MAILING INFO ===
GUINAN PATRICIA D & ORS
BOX 251
INDIAN NECK LANE
PECONIC NY 11958
NYSRPS ASSESSMENT INQUIRY
SCHOOL SOUTHOLD SCHOOL
PRCLS 260 SEASONAL RES
=MISC
RS-SS
1
BANK
DATE : 10/01/97
ROLL SEC TAXABLE
TOTAL RES SITE
TOTAL COM SITE
ACCT NO 10
.............. ASSESSMENT DATA ...........
**CURRENT** RES PERCENT
LAND 6,300 **TAXABLE**
TOTAL 13,300 COUNTY 13,300
**PRIOR** TOWN 13,300
LAND 6,300 SCHOOL 13,300
TOTAL 13,300
INFORMATION ..................................
1
SALE DATE 11/25/92 SALE PRICE
PR OWNER GUINAN PATRICIA D
............. I== TOTAL SPECIAL DISTRICTS
PCT TYPE
==DIMENSIONS ===1 ....... SALES
ACRES 3.25 IBOOK 11592
IPAGE 586
....... TOTAL EXEMPTIONS 0
CODE AMOUNT PCT INIT TERM VLG HC OWN CODE
Fi=NEXT PARCEL
75.10- 03-016
UNITS
IFD028
IWW020
ISWOll
F3=NEXT EXEMPT/SPEC
F6=GO TO INVENTORY F9=GO TO XREF
VALUE
F4=PREV EXEMPT/SPEC
F10=GO TO MENU
APPLICANT
TRANSACTIONAL DISCLOSURE FO[~M
The Town of Southold's Code of Ethics prohibits conflicts of
interest on the part of town officers and employees. The
purpose of this form is to provide information which can
alert the town of possible conflicts of interest and allow
it to take whatever action is necessary to avoid same.
Patrick Brennan, Brennan Design Works~ on the Behalf
Patricia G. Rushin and Pamela G. Mottley
(Last name, first name, middle initial, unless
you are applyinG in the name of someone else or
ott~er entity, such as a company. If so, indicate
the other person's or company's name.)
of;
NATURE OF APPLICATION~ (Ct~ecl¢ all that apply.)
Tax grievance
Variance
Change of zone
Approval of plat
Exemption from plat
Other
(If "Other," name
or official map
the activity.) Special Exception
Do you personally (or through your company, spouee, sibling,
parent, or child) have a relationebip with any officer or
employee oE the Town of Southold7 'Relationebip' includes
by blood, marriage, or business ieterest.
interest' means a business, including a partnership,
which the town oEEicer or employee has even a partia!
ownership of (or employment by) a corporation ~n which
the town officer or employee owns more titan 5% of the
sbareeo
YES NO X
If you answered 'YES," complete the balance of this form and
date and sign where indicated.
Name of person employed by the Town of Southold
Title or position of that person
Describe the relationship between yourself (bite applicant)
and the town officer or employee. Either check the
appropriate line A) through D) and/or describe in the space
provided.
The town officer or employee or his or her spouse, sibling,
parent, or child is (check all that apply),
__A) the owner Of greater than 5% of the shares of the
corporate stock of the applic~ut (when the applicant
is a corporation);
B) the legal or beneficial owner of any interest in a
noncorporate entity (when the applicant is not a
corporation)t
C) an officer, director, partner, or employee of the
applicant~ or
D) the actual applicant.
DESCRIPTION OF RELATIONSHIP
Submit ted __t~~d~gl
Signature
-Patrick B~enn an
Print name Bw~s~ Des~E~ Works. Inc
BOARD OF APPEALS:TOWN OF SOUTHOLD
In the Matter of the Application
o
Patricia G. ~ushin
Pamela G. Mottley
(Name of Appli~--nts)
AFFIDAVIT OF M~AIT,rNG AND POS~
COLrNTY OF SLrFFOLK)
STATE OF N~ YORK)
Patrick Brennan Brennan
I,Brennan Design , res~d~n~ at 526 West
Works, Inc..New ~r~..,
New York, bein~ du~y sworn, depose anct ea¥
P 149 522 219
US Postal Sen/ice
Receipt for Certified Mail
No Insurance Coverage Provided.
Do not use for International Mail (See reverse)
Certified ~
8~h~~Ret 'ng to
)ate, & ~
TOTAL Postage & Fees
1) On the 15 day of October , 199~, I person.ily mailed,
by certified mail, return receipt r~quested, a true copy of the
attached Leg~/ Notice, addressed to each of the follomdng n-med
persons at the addresses set opposite their respective nmmes, *bmr
the addresses listed below are those shown on the current assess-
ment roils of the Town of Southo[d; that said Notices were ~dled at
the United States Post Office to each of s~d persons by certi~ed
mail, return receipt requested:
Lot
Name of Surrotmd~nK Property Owner Nf.,qln,~. Address
4.1 Varono, Kathleen ~ Ors. lOP4-7qth .q±w~t: R~nnWqy~. WV 11228
4.2 V~ono~ Kathleen & Ors, 1O~4-7qth Stre~t: Rrnnkqyn; WY 11P28
4.3 V~ono~ Kathleen & Ors, 1024-79th Street..~ooklyn: NY 11228
6 Cukor. R. ~n~,, ~Q~x M~ ..... ~ ~= ~ ~-2436
~ SENDER: i~shto~i~me ~; NY I 1797
F~¢~,,,~2~,~'. 3e NJ 07620
~::~etum R~ R~' ~ ~ ~1~ ~w.me an~e nu~. 2. D R~fl~ Delive~
~ 3. Article Addressed to:
5. I~ve~d I~¥: (Print Na~)
6. Si~a~: (A~ or A~nt) ~
-- pS Fo~ ~811~De~mber 1~ '
~om~y 2ubQc
4b. Service Type "~ ,
[] Registered [~l[--C, ertlfled~m~ offic!~ poster
n ExpressMail [] Insured c'~n~-e ~ the street
O RetumReceiptforM~'~x~se tlC OD =[ed to be sUrs
i's p~or ~o the
8. Addressee's'Ad,.J~e~ (Onl~ if requested
102595-97-B~J179 DomeStic Return Receipt
- ~'~ No. 4951364
Qualified in Su~o k County
Linda Kowalski
Board of Appeals: Town of Southold
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, NY 11971
(516) 765-1800
Brennan Design Works, Inc.
Architects
ocr 2 3 g97
22 October, 1997
RE:
Patricia G. Rushin and Pamela G. Mottley
SCTM: 86-7-5
Dear Ms. Kowalski,
I would like to add the enclosed supplemental material to Application # 4522 - Special Exception
and Application # 4523 - Variances. The additional material includes the following;
Return Receipts Cards - As received to date.
Board of Town Trustees - Determination of non jurisdiction.
NYS Department of Environmental Conservation - Determination of non jurisdiction.
I will submit the outstanding Return Receipts Cards when I receive them. Thank you for your
assistance.
Sincerely,
i SENDER:
"~ar~ to~u.~ame an~ addrees on the rever, e of Ulis fora1 .o that .,~ can ret~ ~a
6. Signa~re: (Addre~ or/~gent)
PS Form 3811, D~.~mb.r 1994
I also wish to receive the
following services (for an
extra fee):
1. [] Addressee's Address
2. [] Restricted Delivery
Consult Pr.~,.,~ier for fee.
4a~.Aaiae h ,rmer ~-
4b. Service* ~pe _E
rl~pr~M~ '~. [] Insured {
LAd~m.s~e.'s~Jar~s(Oplyff]equesred ;:. 212.807.1909 bdwinc@aol.com
NOV - ? 1997
........ ff / Brennan Design Works, Inc.
Architects
Linda Kowalski
Board of Appeals: Town of Southold
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, NY 11971
(516) 765-1800
3 November, 1997
RE:
Patricia G. Rushin and Pamela G. Mottley
SCTM: 86-7-5
Dear Ms. Kowalski,
On the behalf of Patricia G. Rushin and Pamela G. Mottley, I would like to postpone the Board of
Appeals hearing scheduled for November 13, 1997, in connection with application numbers 4522 and
4523. Additionally, I would like to add the enclosed Return Receipt Card to the file.
Thank you for your attention to this matter.
Sincerely,
Patrick Brennan, AIA
Principal
BRENNAN DESIGN WORKS, INC.
UNITED STATES POSTAL SERVICE
· Print
and ZiP C0de./n,4hL~box.,
I"'llll',,ll,,,,,,ll.,ll.,ll,,Jtll,.i,,i,,,i,hll.
12.807.1909 bdwinc@aol.com
THIS INDENTI3RE, mdethe~~Z) dayof July ,~netee~hundredandninety~ seven
BET%%1~F.N PAMELA G. MOTTLEY, whose address is 120 East 89th Street,
IINew York City, New York 10128, and PATRICIA G. RUSHIN, whose
address is 32 Black Banks Drive, St. Simons Island, Georgia 31522,
as executors of the Estate of PATRICIA D. GUINAN, who died on
the 22 day of F~bruary, 1997 and whose will was admitted to probate
in the Surrogates Court of the County of Suffolk, State of New
York on the 31 day of March, 1997
partyo{thefirstpart, and PAMELA G. MOTTLEY, whose address is 120 East
89th Street, New York City, New York 10128 and PATRICIA G. RUSHIN,
whose address is 32 Black Banks Drive, St. Simons Island, Georgia
31522, as Tenants in Common,
party of the second part.
WITNESSETH, that the party of the first part. by virtue of the power and authority given in and by said last
will and testament, and in consideration of Ten { $ l0.00 )
dollars,
lawful money of the United States, paid by the party of the
second part, does hereby grant and release unto the party of the secoud part, the heirs or successors and
assigns of the party of the second part forever,
ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate,
lying and being ind~ Peconic, Town of Southold, County of Suffolk,
State of New York, bounded and described as follows:
PARCEL NO. 1: Beginning at a point on the southerly side
of Indian Neck Road at a cedar stake set in the northerly line
of the lands of Letitia C. Richmond; running thence along the
easterly line of the remaining lands of said Letitia C. Richmond,
and through several stakes placed on the boundary line between
premises herein described and those of said Letitia C. Richmond,
Ilsouth thirty-five (35) degrees, no (00) minutes forty (40) seconds
east eleven hundred and twenty-six and 51/100 (1126.51) feet
to the high water mark of Peconic Bay; again commencing at the
place of beginning and running thence north seventy-eight (78)
degrees seven (7) minutes fifty (50) seconds easterly along the
southerly side of said Indian Neck Road ninety-two and 55/100
(92.55) feet to the northwesterly corner of the land of Prellwitz;
running thence along the westerly line of the land of Prellwitz
south thirty-four (34) degrees fifty-six (56) minutes twenty
(20) seconds east five hundred and thirty-one and 08/100
(531.08) feet; thence still along the westerly line of the land
of said Prellwitz south thirty-five (35) degrees no (00) minutes
forty (40) seconds east five hundred and forty-nine and 30/100
(549.30) feet to the high water mark of Peconic Bay in a westerly
direction eighty-five (85) feet, more or les~, until the same
crosses the easterly line of the lands of said Letitia C. Richmond
at the end of the first course hereinbefore set forth.
V
Na. ~ OBeginning at a monument Lhe southerly side
of Indian Neck Road distant easterly twenty -six and 50/100 (26.50)
feet from a highway monument situated on said southerly side
of Indian Neck Road, which point is also distant fifty-three
and 99/100 (53.99) feet westerly from a cedar stake set at the
northwest corner of other land of Charles W.P. Smith, measured
along the southerly side of said Indian Neck Road; and running
thence along the easterly line of other lands of Letitia C. Richmond
south thirty-five (35) degrees no (00) minutes forty (40) seconds
east eleven hundred and fifty-three and 45/100 (1153.45) feet
to ordinary high water mark of Peconic Bay; again commencing
at the point of beginning at said monument on the southerly side
of Indian Neck Road and running thence along the southerly side
of Indian Neck Road north seventy-eight (78) degrees seven (7)
minutes fifty (50) seconds east fifty -three and 99/100 (53.99)
feet to a cedar stake at the northwest corner of land described
as Parcel No. 1 herein, hereby conveyed to Charles W.P. Smith
formerly belonging to Letitia C. Richmond; thence along said
land described as Parcel No. 1 herein south thity-five (35) degrees
no (00) minutes forty (40) seconds east eleven hundred and twenty-
six and 51/100 (1126.51) feet to ordinary high water mark of
Peconic Bay and thence in a westerly direction along said high
water mark of Peconic Bay fifty (50) feet more or less, until
this course crosses the easterly line of the land of said Letitia
C. Richmond at the end of the first course hereinbefore set forth.
Containing one and 300/10,000 (1.300) acres, according to a survey
made by Wallace B. Halsey, 11 September, 1913.
Being the same premises conveyed by Robert P. Davidson to his
late wife, Helene M. Davidson, by deed dated February 18, 1946,
recorded in Suffolk County Clerk's~Office in Liber 2638, cp.
459, and bequeathed by her to her said husband, Robert P. Davidson,
by Will dated February 9, 1947 and duly admitted to probate by
decree of the Surrogates Court of New York County on November
15, 1951 (Index No. P 3058/1951), and in turn conveyed by the
said Robert P. Davidson to Belene D. Richards and Patricia D.
Guinan by deed dated August 4, 1952, recorded in Suffolk County
Clerk's Office in Liber 3437 cp. 218.
Being the same premises conveyed by Helene D. Richards to Patricia
D. Guinan and her daughters, Pamela A. and Patricia H. Guinan
by deed dated 17 January 1962, recorded in Liber 5137 cp. 171
on May 12, 1962.
Being the same premises conveyed by Patricia D. Guinan to her
daughters, Pamela G. Mottley and Patricia G. Rushin by deed dated
29 December 1988, recorded in Liber 10858 cp. 384 on May 19,
1989.
Being the same premises conveyed by Patricia D. Guinan to her
daughters, Pamela G. Mottley and Patricia G. Rushin by deed dated
5 January, 1989, recorded in Liber 10859 cp. 389 on May 19, 1989.
Being the same premises conveyed by Patricia D. Guinan to her
daughters, Pamela G. Mottley and Patricia G. Rushin by deed dated
19 November 1990, recorded in Liber 11201 cp. 305 on January
8, 1991.
Being the same premises conveyed by Patricia D. Guinan to her
daughters, Pamela G. Mottley and .Patricia G. Rushin by deed dated
July 11, 1991, recorded in Liber 11331, page 434 on September
11, 1991.
TOGETHER with all her right, title and interest in and to Indian
Neck Roadadjoining said premises on the north to the center
line thereof, and in and to the waters and lands under water
of Peconic Bay adjoining said premises on the southerly side.
TOGETHER with all fight, title and interest, if any, of the party of the first part of, in and to any streets and
roads abutting the above-described premises to the center lines thereof,
TOGETHER with the appurtenances, and also all the estate which the said decedent had at the time of
decedent's death in said premises, and also the estate therein, which the party of the first part has or has power
to convey or dispose of, whether individually, or by virtue of said will or otherwise,
TO HAVE ANI~ TO HOLD the premises herein granted uuto the party of the second part, the heirs or
successors and assigns of the party of the second part forever.
AND the party of the first part covenants that the party of the first part has not done or suffered anything
whereby the said premises have been incumbered in any way whatever, except as aforesaid.
AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the
first part will receive the consideration for this conveyance and will hold the right tO receive such consideration
as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the
same first to the payment of the cost of the improvement before using any part of the total of the same for
any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this
indenture so requires.
IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above
written.
ESTATE OF PATRICIA D. GUINAN
EXECUTOR ~
'J~t'ATi~,I:~ NEW YOLK, COUNTY OF
· 'Onthe ,~/'~ da¥oi ~uly
~r~nally ~me Pamela G.
SUFFOLK SS:
1997 , before me
Mottley
to me known to be the individual described in and who
executed the foreggLng instrament~4nd.~'~owledged
.O7
Eq~r# Noveml~' 30. 1~,.~
STATE OF NEW YOLK, COUNTY OF SS:
On the . day of. 19 , before me
personally came
to me known, who, being by me duly sworn, did depose and
say that he resides at No.
that be is the ;
of
, the corporation described
in and which executed the foregoing instrument; that he
knows the seal of said corporation; that the seal affixed
to said instrument is such corporate seal; that it was so
afl~xed by order of the board of directors of said corpora-
tion, and that he signed h name thereto by like order.
STATI OF NEW TO~kCOUNTY OF SUFFOLK
On the d~Jl~of July 1997 , before me
personally came Patricia G. Rushin
to me known to be the individual described in and who
executed the foregoing instrument, and acknowledged that
she executed the ~,~e.
STATI OF NEW YOLK. COUNTY OF SS:
On the day of 19 , before mc
personally came
the subscribing witness to the foregoing instrument, with
whom I am personally acquainted, who. beingby me duly
sworn, did depose and say that he resides at No.
that he knows '
to be thc individual
described in and who executed the foregoing instrument;
that he, said subscribing witness, was present and saw
execute the same; and that he, said witness,
at the same time subscribed h name as witness thereto.
· xt£ut0t'
TITLE NO.
ESTATE OF PATRICIA D. GUINAN
TO
PAMELA G. MOTTLEY
and PATRICIA G. RUSHIN
HILl
Distributed by
Fidelity National Title
District 1000
secrlON 086.00
re.ocs 07.00
LOX 005.000
COUNTY OR FOWN
Town of Southold
County of Suffolk
RETURN BY IvlAll. TO:
Joseph J. Cella, Esq.
P.O. Box 868
Southold, New York
z~N&1971
SURVEY OF PROPERTY
A T PECONIC
TOWN OF SOUTHOLD
SUFFOLK COUNTY, N Y.
I000 - 86 - 07 - 05
Sca/e; I"= 50'
Aug. 28, 1997
AREA = 149,054 sqft. or 3. 4218 ac. (to tie line )
N. 23°
/
46' 50' W.
N/O/F R/CHARD M, 0t~, ~ ~ ~ ~-~-~
~,~.~r 53/.o8'. ~ s. ~' ~' ~',~. ~ "'
/,
~ ~- 1142.12'
/
N/O/F
KA THLEEN VARANO &
0 THERS
'.S. LIC. NO. 49618
P.O.
1230 TRAVELER STREET
SOUTHOLD, N.Y. 11971
97-285