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HomeMy WebLinkAbout4523 Brennan Design Works, Inc. Architects Pre-Design and Site Development Summary Report for Residence at: 6850 Indian Neck Lane Peconic, NY 11958 SCTM: 1000-86-7-5 Prepared for: Pat and Ken Rushin 32 Black Banks Drive St. Simons Island, GA 31522 and Pam Mottley 120 East 89th Street, apt #2C New York, NY 10128 July 10, 1997 526 West 22nd Street New York, New York 10011 t. 212.989.1123 f. 212.807.1909 bdwinc@aol.com Table of Contents: I ! III IV V VI VII VIII Premises of the SummarY Report Executive Summary Existing Facilities Survey and Document Review Site Analysis Programming/Space Schematics/Site Development Notes Addenda Basic Assumptions and Limiting Conditions Page 2 2 3 7 10 12 15 16 Premises of the Summery Report It is the Underst , ~P,a..?,i.cia D. Gu/nan, c~a.n.~drag of the archit ,-, .. ,.usnln and Pa,~ ,._Z, "" me purposes ,-,, o~c_. ,,,,=~ me subiect ,~. .... v,umey. -,.,.,s report the ,.:Z- ~'.~,perryiSnc~V~s~drfe~;reallyoftheestaleof ~~B~L~Aq~ "--.ers shall be d to be Pat and Ken The purpose of this report is to invest at the property could be further developed inlo a gv e establish and docure affording maximum en'o Pare Muffler .... ? Y. reent and rea,.~ .... acation horee(.~l ~,- ant potent al s~,~-- · the subject ~r~;.°,,a_sl.s.t°r making an'~Pr?.acY. The rep~; i;~r~0 by both fareili~;~ar_'<?. ,n which and suh=~,-. ,- ,,y =no Structure.. ,.. ,,,=u oecisio,, i.._ ,u ue used bu D., _' °"-uimneouslv res~,,-,,.~.~,_"?''tuent discussio~o ,£;,~.o,. ,[ ,s the reutu*l ...~.',-'~] ,egard to Puss bio -~ -,=~,ano Ken Rushin ~,~ ~,,,-=lule, equitable an- ~-"~, .?" lead lo establi~'~'~''umon of the archi~',~.'~ =-e_,raflons and additinn~'~'~ . '~ o~ds~-acfory to al n~,., ~,;,,,g a Course of ~f~ -~,, anu OWners fh~* ~. ~0 "~ EXOCHth. - ~-,~,,,es Involved - ~,..,on feat s de,.,.--~;'=' t.e report --.-e Summary ' ~"~ reasonable, There are essen' pro!,e.,cL The daf .,..~-, tla!ly four factors · quall~les of e,,~..,,-e"_?"mg factors are ,Which, lo varying de ..,ou.g structures ~... ,,. _ZO?ng//egal restrictP, n~.gr~es, can Influence the ou In the opinion of the architect, the findin - ,,~vels tot each famil~ ....... ,-,ns and involves accorereodatin . ~,~ umreafe goal of th., '-r -.~u ,=~ a oWellinn il -,,..,.on Work. While th.. -,- g reslrlchons on th,~ ~ ~..Utlon ,urocess of buildJ,-, "~ ~OWn fo event,,--,?' , "'" nO[ allow lhe .,.._ '~ ~Own of South......~,'~ ,.O.age ..... .gs rallinn i.,~ _,, ~'o-Y ellreinafe Ai,~.~ . ,-u.age to be ev .... ,,.,,,.,,u Will allow lhi~ for the expansion of the reain house. "'~ a greater likelih,~.,'~'"'u.g' fee natural - -.u olSUse. There ~^ o -~us Over tiree -~,.,., o~ receiving the · ~he OWne, rs proposed budgel of $200 st[ucture ,The ream·house is the best Candid te ,000,00 reay be best S/hng, design, .a,,nd Size fo the COllage, bul is~n for the project funds forused by dedicalin the house now may help to alleviate long terra reaintenance costs, cai systere repair Gwm;:t~:~tiCoOnUtld0 Placing both families in the main house prOVides for roughly equal and rea the enjoyment and .... Symmetrical liv',.,. ~ Y be the most , . ,. One of the rea,.- __~..v.~cy requ rereent~ ,-,~ ~. i[~ Nuarters center~,~ -~ equitable needs of ea-~'?/~.u, ssIola Solutions ^.'~,X' ,,om families Th- -~," ~round a COmmon 0,.~._~ oeslgn that ,-- ~are ly is neces.=... ,-' ."~ m s point, thou ~ ~-.acned Sketches o~,~:.e could satisf '"' ' uerore proceeding, ghlfulconslderationofthe~hoj~mcla~uc(~;lYelillaUnS(~r~h,~ Sincerely, Patrick Brennan Principal Brennan Design Works,/nc. 2 III Existing Facilities Survey and Document Review Main House This two-story, wood framed dwelling contains a total of 3580 square feet of habitable space. Exterior - General The house appears to be well maintained and structurally intact. However, due to the veiling effect of the vinyl siding, aluminum trim, aluminum storm window units and asphalt roof it is difficult to gauge the integrity of the weather proofing envelope and structural components. Water damage at several interior locations suggest that the weather tightness of the exterior has been significantly compromised. As viewed from the exterior only, the brick foundation appears to be in good condition. The house is covered in vinyl siding with aluminum soffit, fascia, window and door trim. The siding and trim pieces appear to be generally securely attached although, some portions of the soffits are damaged and insecurely attached to the substrate. The aluminum finish is exhibiting signs of failure, including color fading and sheen loss. The condition of the original siding beneath the vinyl siding could not be determined, however it is likely that the original siding and trim was in poor condition prior to being covered and may have further degraded subsequent to covering. The windows are clad with aluminum storm units in fair condition, with operable glazing and screens. The caulking around the windows is in poor condition and in some cases entirely absent. Fabric awnings, covering primarily the second floor windows appear to be new and in good condition. The asphalt type roof shingles are in fair condition. There appears to be one layer of asphalt shingles over one layer of cedar shingles. It is likely that the original shingles were in poor condition prior to being covered and may have further degraded subsequent to covering. There are some missing shingles at the roof edge, above the first floor east bedroom, adjacent to the hot water heater gas vent. Reportedly and observed, the existing main roof structure has been retrofitted over the original and lower main roof in order to increase usable floor space at the second floor. The pomh at the south side of the house exhibits some sign of settling which has also communicated to the pomh roof line. The mol is lightly framed but appears sound. The decking is in poor condition with many mt damaged pieces. The railing appears to be sound but does not comply with current building code requirements. The underside of the pomh is screened with a perforated masonite type product which provides good and necessary ventilation bul it is not an exterior grade material. Interior - General The house appears to have been well maintained and continuously occupied. Although it was not determined from the inspection, due to ils age, the house may suffer from outdated/overtaxed plumbing, possibly unsafe electrical systems, and decay weakened structural componenls. It could not be determined, but it is unlikely that the home is adequately insulated for heating/cooling demands. Interior - Cellar The cellar appears to be relatively dry and in good condition. The condition of adjacent crawl spaces could not be determined. The first floor framing which is visible from the cellar appears to be lightly framed (2"x6" @ 24" oc) but nevertheless generally sound. The cellar contains a refrigerator, dehumidifier and the following mechanical equipment; Generator transfer switch (Winco #ATS-3/A) - good condition. Boiler (WeiI-McLain size P~766) with 4 zones - poor/fair condition. Hot water heater (propane, 40 gal cap., 64 gal/hr rate) - good condition. Water pressure vessel and pump - fair condition Spdnkler controls (Serviced and/or installed by Briamliff Sprinklers North) with 5 zones - good condition. 3 Interior - First Floor The first floor is generally in good condition. The structure, while not finished to the level of current building practices, shows evidence of being well maintained. The rooms are bright with natural light, reasonably well ventilated, dry and clean. Aeslhetically, the first floor benefits from the high ceiling with exposed joists and/or tongue and groove surfaces, large rooms, extensive wood paneling, wood floors, divided light wood sash double-hung windows, and several original lavatories. The first floor suffers from windows with damaged counter weights and fair/poor operation, water damage beneath sills, poorly retrofitted electrical wiring, rusted fin-tube baseboard heaters, and limited or no water views from some rooms. The floor shows significant sagging in several areas, which is possibly indicative of failing or inadequate footings and piers supporting the main floor beams. The kitchen, although updated with new counler tops, cabinets, flooring and appliances, suffers from poor layout/design. Interior - Second Floor The second floor is generally in poorer condition than the first floor. Maintenance, repairs, and renovation work appear to be of a lower quality than exhibited on the first floor. The rooms are poorly configured and do not efficiently utilize the available space. Aesthetically, the second floor benefits from the partial wood paneling and wood floors. As with the first floor, lhe second suffers from windows with damaged counter weighls and fair/poor operation, water damage beneath sills, poorly retrofitted wiring, rusted fin-tube baseboard heaters, and limited or no water views from some rooms. The attic fan is reportedly inoperable and therefore not contributing to the ventilation needs. Cottaqe This one-story, wood framed dwelling contains a total of 984 square feet of habilable space. Exterior - General The cottage appears to be well maintained and structurally intact. Aesthetically the cottage benefits from its siting among the trees, Iow roof line, shingle siding and simple trim details. The first floor structure sits very close to or at grade level. The foundation could not be viewed from the exterior, but plywood was visible on a some of the exterior walls at grade level. While this may aid in keeping insects and pests from entering the house, it also creates a very poor condition by trapping moisture and preventing proper ventilation. The siding is cedar shingles with a six inch exposure, painted white and in good condition. The windows are mostly the single glazed divided light double-hung wood type and in good condition. The screens are wood framed and in fair condition, in need of some painting and screen repair. The living room has a large set of Anderson double glazed sliding doors. These are in fair condition with some damaged weather stripping. The asphalt roof is in fair/good condition. There appears to be only one layer and no cedar shingles beneath. Plywood roof sheathing is visible from the attic. The gulters are aluminum and in poor/fair condition. The stair leading to the attic, located at the east end of the house, is in poor condition and unsafe. The cellar access halchway is in very poor condition showing significant mt and is unsafe. The shed located to the north of the Cottage was reportedly the well house for a wind driven water pump and storage tank located directly above. The shed currently houses the heating oil tank. The roof and siding are in poor condition, the uncovered well is unsafe, and the proximity of the oil tank to the well may be unhealthy. 4 Interior. General The cottage appears to hav. e been w . . floor elevation and ina t~e_ inspection, du .dequate ventllatio ell maintained but · , electrical s,.-..--- e to ~ts age the .... n of cellar and c.~..., ~s SOmewhat d~,.-- · unlikely ~..,~,~ms, and dec ...... '-.,:,,,age may surf .... ,,=w, Spaces, Aith,.,,,,..',.~',? prol~ab/v du- -' ",=~ [ne buildinn I- ~,Y weal~ened Str.,-,- o.. ~rom OUtdated/ .... v,~. Jr Was not ~,- ~ ,,u me ~ow ~ '~ aoequatel,, ~-_ . ---~ural comno~__, "'~ve~axed D~UmA~- "~r~lned from Inferior 'Cellar -'--Umted for healin~;~]/~' ~t could no~ b;'~'~' possibly unsafe' ..... 'g ~emands. "~ermined, but if is The cellar is ve~ damp and in POor c damp and the barn ea lightly framed ~, ~ .,~h .floor Was .... ~ndition. The ~- Spaces Coul~2~. ~ o /o~sts at 24'~? ano httered. The f;~]Cmte block Walls ..-- -~e determined ~l a~d appeared d.~[ .Oor from ng Whic.~? ~enemlly sOUnd ~ fired h~, ~' -' -.u Celar Conf~;- .~ =' ''p and mold,, ~ . ,~ vis bio fro~ all ;- ~ ~ ~r ~Umace (S~n,; ~.~,.s me followin ~. ~ne COnd ilo ,,.: ~.e Cellar is H~;'.'.~°r Condition ..... ceu oy 8UWs Reli~chanicai equin~.[ adjacent crawl ;~;-a;er heater, rel=,;--, "~'~] With breachin~ · .a,er pressure Ves;';:;~o~;~,~,,al/y inSUlated, fairconditi~''u oUc~ork Wa~er PUmp. good COndition Interior. First FlOor The kitchen is in gOod condition With new and old appliance . ?cas is in fair wOod foor ,- ?? ?Oors, count u. inadequate ~_..- ..... n. ~he floor ~- ~ ,. me hvin~ ro~ er ~s, cabinets throuohn.,. ~uungs and Dier~ -, o-~ws Saggino in ~- ~'" are m good ..... .... ~no m good Con~i~°~Po~ng the m~- ;;Zev?al areas, whi~"um°n. Ca.et In ~'"~ of ..... '. ~here'~ ~ ~"',uOrbeam ~" ~Possibl ' · .-, .,,o Omer Interior. Attic ~" ~ ~u amp elec/ric~t ~Z The Walls and rio y md~cahve of fa/lin .... ~ce. ors are gypsum boa~ The attic Which is b ' and shows evidence of ha~g~sad for Storane visible. '-~ Dean · ~ ~Hears d . ~'ywood mol sheathin~ , The garage COntains Spaces for two ~th C~vered POmh ent~ on the s cam With a s' m an inaccurate descr n,~-. ~uth end. Th~ ,-~ · , Ingle Carno~ repo~. ~.,~- ~or th~s structure ~,,a~el Cottage. ~S -,.~,~ me no~h end an~ ..... -. ,~o rUSher i ~,~-*:- .7''"eh on the o - ~ o~Uolo rOom ~ n-~o. Ba[ion of the n~.~nar Supplied su~.u ---=~e Was made for thi; Anownersu I' ~'~ ~enn~s cou~ Was .~'L~u~ntlY existina i~. T~" ~uyl & Son on ~'~ ,ooth the ~amn.'~eo~y removed ~z.?Pmvements. Jun~ 8, 1972 for p · · . uonstder the ~.~ ~nu cottaoe ~.~ , ~?.uy. The barn ,,,~ tennis court and atnc~a D. Gu~nan an ~,=~e [o be a "nar~_,,"'° .'aaa/ed as "C~**-- '~ not mVestin~,., b~n am also ind d ~ a~ a~d ~ot a "coffin ~e . The To~. ~;'~' ~[ m interes~-- .iCated. --~e, -.. o~ ~OUthold ,.,~, ,~',u ~o note -~u~u certainly Owner Supplied blueprints, Prepared b November 8, 1943 i ust~ , point for dave/opm n ate S~veml d~/feren Y an_un~n°wn archit g ew drawings, u_... t schemes tora fa.;-~ .?t for Mr. and ~ , ,uwever, Since non. ~ me house Th~'~' ~, P. Davidso COnditions, more SUmeying and Verification of existing _~ ~, me dmwinns ;.~::~u are a helpful No drawings of the COttage or Garage Were supplied or reviewed. A Certificate o nr.~'u~,, ~w?ing cotta~' --as ubtamed frnm ,. g~remises (See E ~? ~lldi~n 7~.-~ ~.u garaoe wh~ --'" "'° ~own HaP ~-~ ..y~Ondum "A"l .rov~s,ons of th;~:~ ~ode and ~,. ~:'~ "°?COnformino, e'~?~;~Jev'~wod. This ~u. ' ~ uonhnued to b~ ,,~,~,eu prior to the i~ument states fha~ -~u and occuniea _:;?'ementation of ~ ~ pursuant to apPlicabl; A Town of Southold Pmpeq . Office Was also reviewed, this do~.~R~c°rd Card [Se~ *~ · transactions from 1959 through 1992. - ,~nu and building descriptions and notes OWnemhip ~u,.enr record. ~'. ~ o ~uaenoum ,,B,) maintained by the Assessor's 6 IV Site Analysis Overall Site Analysis and Evaluation The site is rectangular in shape, measures approximately 1,160 feet by 135 feet, encompasses about 3.5 acres, and is situated adjacent to Peconic Bay in a north/south orientation. The property includes a garage, cottage, shed, main house, bath house and dock. The property is accessed from the north via a long dirt drive. The northern two-thirds of the lot are wooded and the soulhern end is largely open. A large lawn interspersed with mature oak trees of 14 to 30 inch diameter, rhododendron, hydrangea, day lilies, roses, honeysuckle, and spirea surrounds the buildings. The site has many desirable attributes. Indian Neck lane has little passing traffic and no through traffic. The deep partially wooded lot provides for substantial privacy. The high elevation provides for excellent view of Peconic Bay and protection from flooding. A large beach includes a deck, dock and bath house. The bluff appears secure with a double row of bulkheading and mature, soil stabilizing, vegetation. The south-southeast exposure takes advantage of direct sunlight and prevailing wind. Adjacent lots appear to be of similar size and use. Town of Southold Zonine Ordinance The property is zoned as R-80, Residential Low Density District, which has a two acre minimum. The permitted Uses for this zone include One-Family dwellings. By a special exception of the Zoning Board of Appeals, two-family dwellings and Accessory apartments may be permitted. (See Nole 1) Article Ill of the Zoning Code would typically govern the development of lhis type of property. However, because this lot was created and developed prior to and is not in conformance with the currant code, Article XXIV - Nonconforming Uses and Buildings is also applicable. (See Note 2) Based on a review of the Zoning Code and a meeting at the Town of Southold Building Inspectors Office with inspectors Gary Fish and John Boufis on July 2, 1997 the lot and structures are considered to exist as follows; The Lot is nonconforming due to substandard width. Allowed width - 175 feet min. Actual width - 135 feet Note: Additional work on this Lot may require an area variance from the Zoning Board of Appeals (ZBA). Main Dwelling is a nonconforming building due to substandard setback at east side yard. Allowed side yard setback - 30 feet min. Actual Side yard setback - 1 foot Note: Addition and renovation permitted provided that setback is not further compromised. Cottage is a nonconforming building due to substandard set back at west side yard. Allowed side yard setback for accessory building - 20 feet min. Actual side yard setback - 12 feet Note: Addition and renovation permitted provided that setback is not further compromised and use is changed to a conforming use. Cottage has a nonconforming use. Allowed use - One dwelling per lot max. Actual use - Two dwellings on this lot. Note: May not be enlarged, altered, exlended, reconstructed, restored, or rebuilt. Garage is a nonconforming building due to substandard set back at east side yard. Allowed side yard setback for accessory building - 20 feet min. Actual side yard setback - 2 feet Note: Addition and renovation permitted provided that setback is not further compromised. 7 Codes Rules and Regulations of the State of New York Subchapter B - Building Construction. This seclion applies to all Residential and Non-Residential construction of buildings, additions and alterations. All new work must comply with lhe requirements this code. (See note 3) Subchapter E - Conversions, alterations, additions & repairs to existing buildings. This section applies to all buildings and accessory structures whenever converted, repaired, relocated or additions. Alterations and additions must comply. If the cost of an addition or alteration exceeds 50% of the replacement cost, then the entire building must conform. (See hole 4) _New York State Enerav ConserYation C_o~n Cod,, The provisions of this code are applicable to new construction, additions and substantial renovations of existing buildings. Substantial renovation is when 50% or more of any system is replaced within a twelve month period. (See note 5) QeDartment of Environmental Conse_rvatl, The following determination is based on the site meeting with Glenn Just of JMO Environmental Consultants on July 2, 1997; Because the properly has 135 feet of bulkheading which exceeds the minimum DEC requirement of 100 feet and it was installed prior to August of 1977, the scope of work as outlined in this report falls outside of the DEC jurisdiction. Therefore, the DEC does not require any submission or application for permit. However, if the Town of Southold Building Inspector does not agree with this determination, application may still be required. If this is the case, the DEC will probably respond with a notice of non-jurisdiction· (See note 6) Bo~d of S0uth01d Town Trustee~ The following determinalion is based on the site meeting with Glenn Just of JMO Environmental Consultants on July 2, 1997; The Trustees have jurisdiction over projects located within 75 feet of the water. The scope of work as outlined in this repod falls outside of the Trustees jurisdiction. Therefore the Trustees should not have a hearing for this project. However, it is highly unlikely that the Town of Southold Building Inspector will accept this determination. It is recommended that the Trustees inspect the property to make their own determination. The Trustees will probably respond wilh a nolice of non-jurisdiction. f O~untv DeeaHment of Health The following determination is based on the site meeting with Glenn Just of JMO Environmental Consultants on July 2, 1997. Application to the SCHD is generally required of new construction only. The scope of work as outlined in this report could likely be completed without a permit. However, any addition to or alteration of the existing septic system must be done in accordance wilh their guidelines. To this end, at least one test hole per septic field should be analyzed. ~,oastal Hazard Erosion Linn The Coastal Hazard Erosion Line map was reviewed at the office of the Board of Southold Town Trustees. This property falls outside of the limits of the Coastal Hazard Erosion Line and therefore no special consideration is required. 8 Flood Insurance Rate Map (FIRM) The Flood Insurance Rate Map was reviewed at the Town of Southold Office of the Building Inspector. The site is predominantly covered by Zone C. The area of the bluff and beach are classified as Zone A4 (EL 8) and Zone V4 (EL 8). Zone C Is described as areas of minimal fiooding.(See note 7) Insurance The scope of proposed work as outlined in this report falls entirely within Zone C and therefore no special flood insurance or consideration of the requirements of the Federal Emergency Management Agency (FEMA) or the National Flood Insurance Program (NFIP) is required. Because the site is adjacent to Peconic Bay the structures may be exposed to extensive damage from high winds or hurricanes. In order to oblain adequate property insurance, special consideration for structural integrity and design may be required. The New York Property Insurance Underwriting Association (NYPIUA) provides coverage for homeowners who may not be able to obtain insurance through regular carriers. The standards of the NYPIUA should be considered for all proposed work. (See note 8) 9 V Programming/Space Schematics/Site Development As suggested by the owner, two options for accommodating both families are outlined below; 1) Add to and renovate main House to accommodate both families. Permitted. However, Dwelling may be limited to one set of complete housekeeping facilities, £e. one kitchen. 2) Add to and renovate Collage to accommodate one family. A) Demolish existing structure and build new slructure Not permitted. Must seek use variance for nonconforming use. Unlikely to be granted. B) Substantially renovate existing structure Not permitted. Must seek use variance for nonconforming use. Unlikely to be granted. Additional options are as follows; 3) Add to and reconfigure main House to become a Two-Family Dwelling. Permitted. Must seek area variance for nonconforming lot. May be granted 4) Subdivide property, creating two lots, one for main House and one for Cottage. Permitted. Must seek area variance for creation of a substandard lot. May be granted. Care must be taken to not create a more restrictive condition. Options 1 and 3 are very similar, differentiated mainly by semantic interpretation of the Zoning Code. While each option would require special design and construction consideralions, the actual way each option is inhabited and used could be nearly identical. The attached skelches SK-1 and SK-2 diagramatically block out and describe a possible approach to these options. This scheme accommodates both families in the main house. Each family is given a complete set of housekeeping facililies of roughly similar size. The two family areas are separated by a common area to be used by bolh families. The common area includes the entry Pomh, Dining Room, a Common Room, and the waterside Porch. The purpose of this common area is to allow the use of areas which are dear to both families while also providing a sound and sight privacy buffer between family areas. There are several advantages to this scheme. Both families are accommodated in the main house and are provided with roughly equal amenities. The position of the house on the lot is superior to that of the cottage. The entire project budget can be dedicated for one structure. The house is currently in need of repair work. There are likewise several disadvantages to this scheme. The privacy of both families may be compromised due to the relatively close living arrangements. A substantial addition will likely require upgrading of existing systems, insulation, etc., possibly consuming a significant podion of the budget. "Family Area One" consists of new construction at the first and second floors and partial occupancy of the existing second floor. The common area is carved out of the existing house. "Family Area Two" occupies the remaining space of the existing house on both the first and second floors, The approximate square footages are as follows; 10 Family Area One First Floor 694 sf e I 8 f Subtotal 1522 sf Family Area Two First Floor 1035 sf Second Floor 830 8f Subtotal 1865 sf Common Area Exterior 617 sf Interior 613 sf Subtotal 1230 sf Total 4617 sf Gross Construction Are~.~ Existing House First Floor 2265 sf (Includes Porches) (Renovation) Second Floor 1304 ~f Subtotal 3569 sf Proposed Addition First Floor 694 sf (New construction) Second Floor 354 sf Subtotal 1048 sf Total 4617 sf For the purposes of creating a rough estimate for this scheme, dollar per square foot amounts can be applied to bolh the new construction and renovation areas. It is important Io nole that this type of calculation is for preliminary estimating only, contractors do not build house by the square foot. Additionally, the figures are rough because the level of detail, types of finishes and extent of desired or required renovation work has not yel been determined. For new conslruction and renovation, consider $100/sf and $75/sf respectively. The estimate adds up as follows; Construction Cost Estimate TYPe Sauare footage ~ ~ New Construction 1048 sf $100 $104,800.00 Renovation 3569 sf $75 $267.675.00 Total $372,475.00 Option 2 appears to be unfeasible and was therefore not schematically designed. Option 4 may be possible but complex and expensive. Further investigation of this option would be required prior to any schematic design. 11 SK-01 VI 2) Notes Zoning Chapter 100 from the Code of the Town of Southold Article III - Agricultural-Conservation (A-C) District and Low-Density Residenlial R-80, R-120, R-200 and R-400 Districts 100-31 A) Permitted Uses 1 ) One-family dwelling B) Special Exception Uses 1 ) Two-family dwellings not to exceed one (1) such dwelling on each lot. 13) One (1) Accessory apartment In an existing one-family dwelling 100-32 Bulk Area and Parking Regulations R-80, Minimum Lot size 80,000 sf (2 Acre) Lot Size 80,000 sf Lot Width 175 f Lot Depth 250 f Front Yard 60 f Side Yard 20 f Both Side Yards 45 f Rear Yard 75 f Livable Floor Area 850 sf/dwelling unit Lot Coverage 20% Building Height 35 f Number of Stories 2 1/2 100-33 Accessory Buildings A) 18 f height max B) Setbacks 4) If in excess of 79,999 sf then, 20 f min C) Watedront Parcels - Accessory building can be located in front yard provided front yard setbacks are meet. Zoning Chapter 100 from the Code of the Town of Southold Article XXIV - Nonconforming Uses and Buildings 100-241 Nonconforming Uses 100-242 Nonconforming Buildings with conforming Uses 100-243 Nonconforming Buildings with Nonconforming Uses 100-244 Nonconforming lots A) Such lot shall be required to meet the following: Area - 120,000 to 199,999 sqft Lot coverage 10% Front 60 ft Side 30 ft Both side yards 60 ft Rear 85 ft 100-245 Repairs and Maintenance 12 3) Codes Rules and Regulations of the State of New York Subchapter B - Building Construction Article 1 650.1 Purpose - Safety, Health of occupants and users 651.1 Scope - Residential and Non-Residential, public and private, including accessory structures 651.2 Construction - Applies to new construction of buildings, additions and alterations Article 2 - Occupancy & Construction Classification & Fire Limits Part 701 Occupancy & Conslruction classification by occupancy or use group ~ - One Family Dwelling Part 702 Classification by Fire Hazard A) One & Two family dwellings are n_~ classified on the basis of fire hazard Article 3 Part 717 One & two family dwellings - Space and fire safety 717.6 Safely controls for attic fans, attic fans shall be provided with means for automatic shuloff in event of fire Part 721 721.1 Smoke detecting alarm devices each floor, sleeping space, outside each sleeping space Article 8 - General provisions for systems & equipment 850.4 New installation & alteration - New installations & alterations or extensions to exist equipment & systems must conform Article 10- Mechanical Requirements Part 1000 Heating 1000.1 General requirements 15 th Sept to 31 May must achieve minimum design lemp Table 1-1000 Group Al, A2, B1 - 68 deoree (F) 4) 5) Codes Rules and Regulations of the State of New York Subchapter E - Conversions, alterations, additions & repairs to existing buildings 1230.2 - Scope - Applicable to buildings & accessory structures whenever converted, repaired, relocated or additions 1231.3 - Alteration & Repairs A) Alterations must comply with Subchapter B unless "Minor Alteration" C) If cost exceeds 50% of replacement cost, then entire building must conform 1231.4 - Additions C) If cost exceeds 50% of replacement cost, then entire building must conform New York Stale Energy Conservation Construction Code Part 1 7810 General Provisions 7810.3 Effective Date March 1991 7810.6 Scope A) Minimum requirement for new buildings, portions, additions or substantial renovation D) Application to exisling buildings 1) Addition must comply & equipment or systems in connection must comply a) Addition alone must comply b) Addition w/entire building must comply c) Annual energy usage must not exceed previous usage 2) Substanlial renovation of existing building a) 50% of any system replaced within 12 month period 3) Special Conditions a) Renovalion of inside of exterior walls requires R-10 insulalion b) If more than 50% of glazing replaced then U-value must be less than or equal to 0.58_ 13 6) 7) 8) Tidal Wetlands Land Use Regulations 6 NYCRR Part 661 - Effective Jan 16 1991 661.4 - Definitions B) 1) Adjacent Area i) 300 ft Landward of Boundary ii) To seaward edge of man-made structure (not including buildings)(includes bulkheads) iii) To elevation contour 10 feet above sea level Flood Insurance Rate Map Community-Panel Number Map revised 36O813 OO92 D August 16, 1993 NationalFIoodlnsurance Program (NFIP) 1 800 638 6620 New York Propertylnsurance Underwriting Association(NYPIUA) 212 208 9773 14 VII Addenda Addendum "A" Certificate of Occupancy Nonconforming Premises (See attached) Town of Southold Property Record Card (See attached) 15 TOWN OF SOUTIIOt,D TOWN IIALL SOUTIIOL,Do NI5W YORK CEItTIFICATE OV OCCUI'ANCY NONCONVOIIMING PREMISES THIS IS TO CERTIFY that the /_~/ Land /x/ Building(s) I-I Use(s) Pre C.O. $- Z14212 Date- Feb. 6,1986 located at 6650 Indian Neck Road Peconic Street Hamlel shown on County tax map as District I000, Suction 066 , Block 07 Lot 005 , does[not)conform io time present Building Zone Code of the Town of Soutbold for the following reasons: Non-conforming guest cottage. Non-conforming accessory build- {3-buildings.) Non-conforming guest cottage in front yard. On the basis of information presented to the Building Inspector's Office, it has been determined ti~at the above nonconforming /_~/Land I~_] Building(s) /--/Use(s) eklsted on the effective date the present Building Zone Code of the Town of Southold, and may be continued pursuant to and subject to the appli- cable provisions of said Code.' IT IS FURTHER CERTIFIED that° based upon information presented to the Building Inspector's'Office,. tile occupancy and use for which this ~erttfi- cate is issued i9 as follows: Property contains a one story, one family wood framed dwelling; a guest cottage$ an accessory building contain- lnq a work shop~ two car 9ara~e & a carport. Property also contains a wood framed shed; a bath house;, and an accessory metal shell build- inq. All in an A-Residential-Agricultural Zone with access to Indian neck Road. NOT CONSENTED TO AN INSPECTION of time premises by the Building Inspec- tor to determine if the premises comply with all applicable codes and ordin- tions. FORMER OWNER I-AND IMP. TOTAL DATE DISTRICT SUB. 7 ACREAGE '~' ' 2.Z.~ "-~ TYPE OF BUILDING LOT COMM. IND. I CB. MISC. / REMARKS i; :~,~AGE '"~' BUILDING CONDITION ; NORMAL BELOW ;,Farrr~".~'i Acre Value Per Acre -1. ABOVE Value /-//¢ .Bldg. ~.~?~sl~n ~enston ~tenslon i' Foundation ,,J~aSement Ext. Walls 'Fire Place Porch Patio Porch Driveway Bath Floors Interior Finish Heat Attic Rooms 1st Floor Rooms 2nd Floor FRONTAGE ON., W_A,T. ER .:' F.P,~NT~GE'ON ~,OAD E::' ~DEP.TH .;.. ,.~ -;~¢ ;. Foun~iation Basement '' Ext WAIFS .~r~....- ""::: :': ..... Fire: pla~=i .......... R~reatlon VIII Basic Assumptions and Limiting Conditions This summary repod is subject to the following assumptions and limiting conditions; The architect is not responsible for matters of a legal nature that affect the property or the title to it. This report has been prepared based on the assumption that the title is good and that the property is under responsible ownership. The information furnished by others is believed to be reliable. However, no warranty is given for its accuracy. It is assumed that there are no hidden or unaparent conditions of the property, subsoil, or structures that will have bearing on the premises of this report. No responsibility is assumed for such conditions or for arranging for engineering studies that reay be required to discover them. Unless otherwise stated in this report the existence of hazardous substances, which may or may not be present on the property, or other environmental conditions were not called to the attention of the amhitect, nor did the amhitect become aware of such, during the inspection. The amhitect has no knowledge of the existence of such materials on or in the property unless otherwise stated. The amhitect, however, is not qualified to test such substances or conditions. No responsibility is assumed for any such conditions, nor for any expertise or engineering knowledge required to discover them. The Owner is urged to retain an expert in this field, if desired. The architect has examined the available flood maps that are provided by the Federal Emergency Management Agency and has noted in the report whether the subject site is located in an identified Special Flood Hazard Area. However, the architect is not a surveyor and is therefore not qualified to make this determination. The architect makes no guarantee, express or implied, regarding this determination. The amhitect is not an expert in the areas of Home Inspection, Environmental Engineering, Structural Engineering, Mechanical/Electrical Engineering, Land Surveying, Real Estate Appraisal, or Insurance Brokerage. The Owner is urged to retain experts in these fields, if desired. While the scope of this report included research and analysis, the report is abbreviated in nature. Additional data and analyses may be contained in the amhitect's files and are available, upon advance notice, for review. 16 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 12 January, 1998 RE: Patricia G. Rushin and Pamela G. Mottley SCTM: 86-7-5 Dear Ms. Kowalski, I am writing to confirm the postponement of the Board of Appeals hearing in connection with the above project, originally scheduled for January 22, 1998. I will contact you about rescheduling as soon as possible. Thank you for accommodating my schedule. Sincerely, Patrick Brennan, AIA Principal BRENNAN DESIGN WORKS, INC. PKB:pkb 526 West 22nd Street New York, New York 10011 t. 212.989.1123 f, 212.807.1909 bdwinc@aol,com _ ?_,s- 'I~W OF SOUTHOLD OPERTY RECORd-CARD OWNER FORMER OWNER VILLAGE DISTRICT 7 ACREAGE SUB. SEAS. , w /,"~,e,4,,ro . LOT TYPE OF BUILDING LAND IMP. TOTAL DATE REMARKS ? (',,,,, /~7~ o J AGE BUILDING CONDITION NEW NORMAL BELOW Farm Acre Value Per Acre Tillable Tillable Tillable 3 Woodland Swampland Brushland House Plot Tptal. M. Bldg. Extension Extension Extension ...... Lo X J/ z // ~,( Garage O.B. 37y' .... Foundation ' Fire Place /?7 Patio Porch Porch Bath Interior Finish Heart Attic Rooms 1¢ Floor Rooms 2nd Floor TOWN OF SOUTHOLD PROPERTY RECO~h ~'A.,~ ! COLOR TRIM M. Bldg. Extension Extension Extension Porch Porch Breezeway Garage Patio .j FounSation Ext. Walls Fire Place Type Roof Recreation Room (/ :Bath J Floors J /~l y" Interior Finish Heot Rooms 1st Floor Rooms 2nd Floor O.B. Dormer Driveway Total ~/.f.~r J Dinette K. LR. DR. BR. FIN. B (1-5~6) 765-1809 tel.. O~'~'~CE OF BO~n OF A~PEAI~ 53095 ~- Road. $o~tb~Id, NY 11971 (1-516) 765-1823 f~x INTERNAL TOWN MEMO TO: FROM: DATE: SUBOECT: planning Board Board of Appeals December 10, 1997 PB Action History Please confirm whether there is any history of actions by the p]mnning Board for the following parcels: 1000-141-4-36 (Sacker) 1000-141-4-39 (Krueger) 1000-86-7-5 (Rushin and others). Thank you. (1-516) 765-1809 tel. OFFICE OF BOARD OF APPEALS 53095 Msln Road Southold, NY 11971 (1-516) 765-1823 fax November 26, 1997 1Vlr. Patrick Brenn~n Brennan DesignWorks 526 West 22nd St. New York, NY 10011 Re: Appl. of P. Rushin & allO. Pending Request for Two-Fgmi{y Conversion Dear Mr. Brennmn: Attached is a copy of the fin~i t~n-qc~ipt of the October 23, 1997 hearing. This replaces the draft which was prepared and sent earlier to you. A final public hearing is expected to continue on January 22, 1998. If you need more time, please let us know before it is readvertised (by Jan. 5). Thsnk yOU. Very truly yours, T.in ds. Kowaiski Board Secretary Enclosure Page 20 - Transcript ~-Iearings Meeting of October 23, 1997 Southold Town Board of Appeals ~A~,',~/~7:56 P.M. JOINT PUBLIC HEARINGS: Two applications filed 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 f~mily use, as provided under Article III, Section 100-3lB (1); and Appl. #4523 - Var{Ances under Article III, Section 100-32, B,,Ik, Area and paridng Schedule, as to the existing nonconformities of the propertlr size and boJ]~iing setbacks, for the proposed conversion of the existing pt~incipal single-feml]y use to a two f~mily dwelling use, in addition to the preexisting guest cottage, which cottage is included ill February 6, 1986, Certificate of Preexisting Occupancy #Z-14212, Zone: R-80 ResidentiAl. I have a site p]~n from Brennsn Design Works, Inc. indicating the proposed addition to the existing two-story frame dwelling. The date on that is Atlgnst 19, 1997, and we have a copy of the Suffolk County Tax Map indicating this and surroun~{ng 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 that there's written opposition on this 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 p~meis 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 this on the record please? MR. BRENNAN: Yes, do you hear me better now. Pat Rushin and Para Mottiey are sisters, and they recently inherited the house from their mother, and two sisters and their families have been using the house since 1941. It has been in the femily and they've been mAint~ininC it and enjoying it and using it in pretty much in the same way. The families 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 gem/i/es on the site since they both want to continue to use it, and they both have children and one of the f~milies has grandchildren. Pain's approach was, I think a Page 21 - Transcript ~Hearings Meeting of October 23, 1997 Southold Town Board of Appeals thoughtful and sensitive approach, because they hired an architect - I did prepare a new design summery for them so I could explain to them all the considerations that they had to take into account. If I may, I'd like to give you a copy of that. (Gave copy of Design Summary for the file. ) I did not include tlmt 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 fBmilies equally and in a reasonable way, a sensitive way and they didn't want to add any more buildings to the site. They didn't want to cut down on trees. They want to maintain 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 Building Department first to discuss it with Inspectors Gary Fish and John Boufis. I told them what my challenge was and asked their advice on how to approach this. 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 families through a two-family 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 residential already zoned and it would be most likely approved by the tow~ through the special exception. And in that sense it would come in at a reasonable cost for the owners without much hardship and it makes the use of the existing house which needed some attention. Some of the other options that we considered were putting one family in the cottage, which exists on site. It's a legal cottage but it's a nonconforming use; and I explained to them that it would be difficult to expand on the cottage and that the town would really like to restriet any work on the cottage to maintenance. 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 highly unlikely that the Board would consider a variance for the use of the cottage. CHAIRMAN GOEHRINGER: That's a seasonal 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 seasonal dwelling? MR. BRENNAN: Yes. They use it as a summer home, both. CHAIRMAN GOEHRINGER: What does it have, electric heat? Page 22 - Transcript hearings Meeting of October 23, 1997 S~)uthold Town Board of Appeals MR. BRENNAN: No, it has oil. CHAIRMAN GOEHRINGER: It has 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 pro,miry, 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 separating the lot into two lots maybe taking the cottage out of the same lot as the m~in dwelling, or building 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 firmly believe that that would most substantially have the impact of the site in a negative way. I mn aware of the objections that came in. If you like, I would like to have the opportunity to address them. Should I do it now? CHAIRMAN GOEHRINGER: You can do it now, or you ~n do it later. It doesn't matter I suppose. MR. BRENNAN: Are you fsmiliar with the objections from the Varano family? Kathlaen Varano? CHAIRMAN GOEHRINGER: Yes. We've had applications before, before us from her late husband and her. MR. BRENNAN: Right. The Vat. nos make a couple objections in the letter. The first one, about ground water and cesspools. I believe this is really sort of a grounds argument because the new work, the new proposed work to the house would in fact be better in thRt 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 bathroom and one new kitchen to the dwelling and water conservative devices would be used as required. And as far as I know the Rushin.~ and Mottieys don't have any history of water problems. They do have a well. The second issue that the Varanos bring up is the rentals. The owners have made it very clear that they have no intention to rent either building. They only want to use it for their families and they also brought to my attention that the Varanos rent out their home and that this past s~mmer the Varauos didn't use their home but it was rented out to another fRmily. As far as the general complaint as the density would be increased or decrease the quality of the neighborhood, I disagree because this approach does not involve adding any new buildings to the site, and the small addition that would be necessary to accommodate both f~milies is Page 23 - Transcript oT'tiearings 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 ss you can see from the drewings 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, will have - will be more likely to impact the quality of the neighborhood and the environment because they have the potential of adding two more buildings to their lot. And the paragraph that~ the Varanos quoted in their letter of objection which is from Pat Rushin's objection of 1994, Pat Rushin still firmly believes in that sentiment and she believes that in fact supports her position today because her approach a~in is to minimize any impact to the neighborhood, per se. That's ali 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 has a - like a porch - and a storage room. It's a room with windows and doors, but it has 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 cottage on all the surveys. But, they never used it as a cottage. was built by Pat and Para% father. a CHAIRMAN GOEHRINGER: Are you willing to give up the seasonal 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 certglnly 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 going to get two kitchens in that big house. I have no objection to you reconstructing that house and mi)king that house bigger but we have dealt with this issue since the beginning of time to be honest with you. We've gone from shared kitchen, to unshared 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 this size. We realize the property is long. We realize the property is large. OK? But it doesn't meet the criteria that we Page 24 - Transcript d~earings Meeting of October 23, 1997 Southold Town Board of Appeals need for the Spell-! Exception situation. If you were to tell us tonight, "well we'll eNmln-te the kitchen and just let me add the bedrooms and the upst-i~s, do,~rnst-i~s, onto the house" and whatever valW-nce aspects that are before us, you know, we'll address those issues. But, I'm warni-g you that - (interrupted). ~Pnat? MR. BRENNAN: Not CreSting a two f, mily dwetl{ng? MEMBER TORTORA: That's correct. CKAIRMA_N GOEfIRINGER: That's correct. Yes but, I'm warning you, that we are really without authority to exceed that sq, m~e footage of the lot. Nil{. BRENNA_N: The squax~ footage of the lot? CHAIRMAN GOEHRINGKR: Yes. You know, you need 160,000 sq. ft. for two family. MR. BRENNAN: The lot I believe, is within 7% of that requirement? CIiAIRMA_N GOEHRINGER: Yes, but you also have an existing, it has to be a - ME~ER 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-f-mlty use, we could vary it but it very speeifi~lly 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 valW.nce is ay-liable somehow? CHAIRMAN Go~IqRINGER: Yes, thi~ is a Spe~a! Exception, thlm isn't an BOA_RD SECRETARY KOWALSKI: both. But there's both. He's apply4ng for CHAIRMAN GOEHRINGER: Yes, well i-me, for both of course, yes. MEMBER DINIZIO: But to meet the Spe,~-I Exception criteria, that is set down by the law itself. It's slr, il,,- to the Bed & BreaW~ast Law, where you have to have f~ve thin~S. YOU have to have thig, 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 exJs~ng dwellln~. You ~n't have a Bed & Bremlc~ast in an accessory apartment also. In thi~ p~rtic,~la, ease you're looking for a two-f-m,q¥ and then you have an exis~ng cottage. That was the purpose, let me Page 25 - Transcript WHearings Meeting of October 23,--1997 Southold Town Board of Appeals preface it from a symmetrical point of view of my first question to you - are you willing to trade-off the cottage for the purpose of thi.~? In that case you said, "No." So. We're very simply just warning you. You're a very nice person and we're just warning you and telling you that we can't exceed that criteria in the Speoial Exception aspect. MR. BRENNAN: I guess I'm still confused. If my clients were willing to give up the use of the cottage or the kitchen? MEMBER TORTORA: Kitchen. CHAIRMAN: Either one, I don't care. MR. BRENNAN: But the cottage - BOARD SECRETARY KOWALSKI: Do you mean the kitchen in the Cottage? MR. BRENNAN: Giving up the use of the cottage doesn't give them more square footage in the lot. CHAIRMAN GOEHRINGER: No. BOARD SECRETARY KOWALSKI: But it takes away the dwelling use of it. CHAIRMAN GOEHRINGER: It takes away the dwelling use. We would rather have you just eliminate the kitchen from the m~in house. MR. BRENNAN: From the main house. CHAIRMAN GOEHRINGER: to the second. From the m~in house. The proposed kitchen MR. BRENNAN: When I'd considered that and explained that to my client early on, I thought that the town would look down on that because that would in fact not involve the intent of the Code because they would have two families essentially living in the same house. I guess I thought of that as- CHAIRMAN GOEHRINGER: But those two f~milies are on the deed. So, those two families are uniquely. MEMBER TORTORA: It would never be a two-family house. CHAIRMAN GOEHRINGER: It would never be a two-family house. MEMBER TORTORA: It's not going to be a two f~mily house no matter what you do tonight. CHAIRMAN GOEHRINGER: It can't. OK. Page 26 - Transcript ~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 M/'. IHnizio hA~ 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: We]], that's my suggestion, OK. That's not the Board's suggestion, OK. You know, we may have to seek guidance from co,,n.~el 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 line 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 thi.~ is a similar situation. CHAIRMAN GOEHRINGER: Yes, you know, I mean you have so many other options too, being- using it for primarily s~mmer and ~ood weather use, you know, that there are times when you're going to be cooking outside on a gas grill, or a regular open ehA~-coal pit, and so on and so forth. And I'm not trying to sell that item to you, but I'm telling you th,t I don't have a particular problem with the additions but we cannot deal with the kitchen aspect. So, I mean I don't want you to give us an an.~wer now. You are welcome, we can agmln- we can recess this and you can speak to your clients tonight, or we can recess until the next reg~,la,-ly 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 t~me to think about other options. Page 27 - Transcript .[Hearings Meeting of October 23, t997 Southold 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 ellmination of the cottage? MR. BRENNAN: Right. CHAIRMAN GOEHRINGER: OK. MR. BRENNAN: 1'11 have these plAn.~ corrected, they shouldn't do anything with the cottage and that it would be enllkely that they would be allowed to any-thing 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 thlnge will 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 dwelllnge 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. ~ER TORTORA: What is the cottage used for now? MR. BRENNAN: It's used for one of the fnmilles. One of the sisters generally uses the cottage. One uses the house, but the cottage is small and damp. It's just doesn't - it's not well suited to it. IVIE1VLBER 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~ Hearings Meeting of October 23, 1997 Southold Town Board of Appeals MR. BRENNAN: It'll be overflow for their children and grandchildren. CHAIRMAN GOEHRINGER: That's nniquely what most of the cottages have been on these, I'll refer to it as a palatal piece of property because it is a palatial piece of preperty; and we're very cognizant of those situations and the restrictions that are normally placed on those bu/ldings if they were not cottages, that they not be used for sleeping quarters. Do you understand? So, I mean this partic~,l~r case, you have a C of 0 for a preexisting nonconforming cottage, which is internally- the whole CO encompassed all the buildln~s on the property. MR. BRENNAN: Right. I thought that when I was introduced thnt this was a ,,nique 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 m~intained that cottage or mnlnt~in the property in general, and I think that they their feeling is that that should not be held against them. That they have fallen intp that category - nonconformity because - CHAIRMAN GOEHRINGER: I don't think that is the case Mr. Bronnan. 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 would be 6 acres he would be neodlng. MEMBER DINIZIO: Well, that's if you consider the cottage. BOARD SECRETARY KOWALSKI: If he keeps the cottage. Yes. CHAIRMAN GOEHRINGER: Yes, but I mean for the Spenlai 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 IFHearings Meeting of October 23, 1997 Southold Town Board of Appeals CHAIRNLAN GOEHRINGER: what you're saying? You thought you could vary that, is th,t MR. BRENNAN: W~li 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 t~ke advantage. You can't use Spen{s1 Exception a~d area variance? CHAIRMAN GOEHRINGER: To an.~wer your questions, OK, we don't normally mi~ 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. CHAIRlVIAN 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 w-ill need to a obviously speak with my clients. The Board's suggestion is to - ME1KBER TORTORA: I just wanted to look at the criteria for a special exception. CHAIRMAN: Sure. I was looking for it before. I wanted to refresh my memory. CHAIRMAN GOEHRINGER: To answer your question. We normally don't mi~( apples and o~nges. Do you want the code (to Member Tortora)? I didn't bring a copy. Do you have yours, Jim? lgdg~_BER DINIZIO: No. MR. BRENNAN: I have a copy. MEMBER TORTORA: That's ok. I'll go to the office. CHAIRMAN: Is there any-thing else you would like to say while Mrs. Tortora is checldng? MR. BRENNAN: Well, I guess I was just interested in more clarification at best. I will need to obviously speak about thi.~ with my clients, so, the Board's suggestion is to -- CHAIRMAN: Eliminate the kitchen. Page 30 - Transcrip Hearings Meeting of October 23, 1997 Southold Town Board of Appeals MR. BRENNAN: fnmily dwelilng, one roof? We could go with a two family dwelling. The legal two which would have two complete housing facilities under CHAIRMAN GOEHRINGER: No. That's my suggestion. My suggestion is to eliminate 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 baa complete-house type of situation? M~. 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 co, mael in roferonce to that trade-off, alright. MR. BRENNAN: Yes. CH AIRMAN: Our, I think, total suggestion is: eliminate 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 3-1/2 acres. Is that corroet (to board members)? MEMBER DINIZIO: Well I just - my concern is that you'd li~e 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 slraiia~- to a subdivision, only not a subdivision, that you have two dwelling ,,nits 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 asldng 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 dwellln~.crs and then you'll have another dwelling, and I think that's the concern here. MR. BRENNAN: What would the concern be? M]~dBER DINIZIO: Well, that wouid be my concern. That you would come back later on and say, "well we have 3-112 acres, we'd llke 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 ~Hearings Meeting of October 23, 1997 Southold Town Board of Appeals So, in some way, there's got to be a little bit of give and tmke 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 th~ for years. I'd like to see in some way come up with some k~nd of a compremi.~e in that respect. Two kitchens to me in one house are not objeetionsble, it's just a question of the amount of people that you could having living on there. The neighborhood doesn't really 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 f~mily house, so, you know, we are with that understanding. MR. BRENNAN: Yes. Would - there are other requirements for a two family dwelling, like a fire separation between tenancies. If at some aspects of the two-fmmily dwelling were not carried out to in effect not creating a two family dwelling, not hasting 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 fmmily dwelling. MR. BRENNAN: Right. We're not hav~ng 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 t~lking to each other and it could be two separate f~milles. 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 - Transcri!~ Hearings Meeting of October 23, 1997 Southold Town Board of Appe~ais 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 partic,,lar portion of the Special Exception, airight. So, whatever your choose to do, we're not pushing you tonight. We're saying to you, go back to your clients and see which way you want to go. In the interim I will personntly 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. An right? MR. BRENNAN: Ail right. OK. CHAIRMAN GOEHRINGER: It's just a preliminary thought, airight. Certainly we would just rather see you build the bugging 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,llfy 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 possfbility. BOARD SECRETARY KOWALSKI: You have a CO. possibly for an accessory apartment. You could qualify MR. BRENNAN: Yes. We have considered thnt. 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 main dwe11ing or the apartment, you know, and in thi.~ particular case it would have to be for the rnsin 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 ~cIearings Meeting of October 23, 1997 Southold Town Board of Appeals MR. BRENNAN: Right, I understand. CHAIRMAN GOEHRINGER: It's really not, doesn't really fall 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 conn-~el on th,t aspect again. MR. BRENNAN. Right. I understand. I just want to reiterate that the owners in no way want to create something objectionable. CtL&IRMAN GOEHRINGER: Right, of course, and we appreciate that. MR. BRENNAN: And I certainly did not advise some sought of creative interpretation of the Zoning Code in terms of tl~ng to split the kitchen or something like that. It was not - the intent was entirely to do it within the me~n~ of the ]aw. 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, thanlr 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 ag~aln.qt? Seeing no hands I'li rn~ke 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 c erred. Brennan Design Works, Inc. Architects Pre-Design and Site Development Summary Report for Residence at: 6850 Indian Neck Lane Peconic, NY 11958 SCTM: 1000-86-7-5 Prepared for: Pat and Ken Rushin 32 Black Banks Ddve St. Simons Island, GA 31522 and Pam Mottley 120 East 89th Street, apt #2C New York, NY 10128 July 10, 1997 526 West 22nd Street New York, New York 10011 t. 212.989.1123 f. 212.807.1909 bdwinc@aol.com Table of Contents: I I III IV V VI VII VIII Premises of the Summary Report Executive Summary Existing Facilities Survey and Document Review Site Analysis Programming/Space Schematics/Site Development Notes Addenda Basic Assumptions and Limiting Conditions Page 2 2 3 7 10 12 15 16 Premises of the Summary Report Historv of Ownershio It is the understanding of the amhitect that the subject property is now or formally of the estate of Patricia D. Guinan. For the purposes of this report the owners shall be considered to be Pat and Ken Rushin and Pam Mottley. Pureose and Scoee of the Summary Reoort The purpose of this report is to investigate, establish and document potential scenarios in which the property could be further developed into a vacation home(s) shared by both families, simultaneously affording maximum enjoyment and maximum privacy. The report is to be used by Pat and Ken Rushin and Pam Mottley as a basis for making an informed decision in regard to possible alterations and additions to the subject property and structures. It is the mutual ambition of the architect and owners that the report and subsequent discussions will lead to establishing a course of action that is deemed reasonable, responsible, equitable and satisfactory to all parties involved. II Executive Summary There are essentially four factors which, to varying degrees, can influence the outcome of this project. The determining factors are zoning/legal restrictions, budgetary constraints, conditions and qualities of existing structures, and the desired or obtainable comfort levels for each family. In the opinion of the architect, the findings of this report indicate that the most feasible solution involves accommodating both families within the main house. The zoning restrictions on the cottage prohibit any potential addition or substantial renovation work. While the Town of Southold will allow this building to be continually used as a dwelling, it will not allow the cottage to be expanded or improved. It is the ultimate goal of the Town to eventually eliminate Nonconforming Uses over time through the natural process of buildings falling into disrepair and disuse. There is a greater likelihood of receiving the necessary permits for the expansion of the main house. The owners proposed budget of $200,000.00 may be best used by dedicating it to one structure. The main house is the best candidate for the project funds for a few reasons; it is superior in siting, design, and size to the cottage, but is in generally poorer physical condition. The house could benefit substantially from foundation, weatherproofing, and mechanical system repair. Giving attention to the house now may help to alleviate long term maintenance costs. Placing both families in the main house may be the most equitable solution. A design that provides for roughly equal and symmetrical living quarters centered around a common space could satisfy the enjoyment and privacy requirements of both families. The attached sketches schematically illustrate one of the many possible solutions. At this point, thoughtful consideration of the project budget and the needs of each family is necessary before proceeding. Sincerely, Patrick Brennan Principal Brennan Design Works, Inc. 2 III Existing Facilities Survey and Document Review Main House This two-story, wood framed dwelling contains a total of 3580 square feet of habitable space. Exterior - General The house appears to be well maintained and structurally intact. However, due to the veiling effect of the vinyl siding, aluminum trim, aluminum storm window units and asphalt roof it is difficult to gauge the integrity of the weather proofing envelope and structural components. Water damage at several interior locations suggest that the weather tightness of the exterior has been significantly compromised. As viewed from the exterior only, the brick foundation appears to be in good condition. The house is covered in vinyl siding with aluminum soffit, fascia, window and door trim. The siding and trim pieces appear to be generally securely attached although, some portions of the soffits are damaged and insecurely attached to the substrate. The aluminum finish is exhibiting signs of failure, including color fading and sheen loss. The condition of the original siding beneath the vinyl siding could not be determined, however it is likely that the original siding and trim was in poor condition prior to being covered and may have further degraded subsequent to covering. The windows are clad with aluminum storm units in fair condition, with operable glazing and screens. The caulking around the windows is in poor condition and in some cases entirely absent. Fabric awnings, covering primarily the second floor windows appear to be new and in good condition. The asphalt type roof shingles are in fair condition. There appears to be one layer of asphalt shingles over one layer of cedar shingles. It is likely that the original shingles were in poor condition prior to being covered and may have further degraded subsequent to covering. There are some missing shingles at the roof edge, above the first floor east bedroom, adjacent to the hot water heater gas vent. Reportedly and observed, the existing main roof structure has been retrofitted over the original and lower main roof in order to increase usable floor space at the second floor. The porch at the south side of the house exhibits some sign of settling which has also communicated to the porch roof line. The roof is lightly framed but appears sound. The decking is in poor condition with many ret damaged pieces. The railing appears to be sound but does not comply with current building code requirements. The underside of the porch is screened with a perforated masonite type product which provides good and necessary ventilation but it is not an exterior grade material. Interior - General The house appears to have been well maintained and continuously occupied. Although it was not determined from the inspection, due to its age, the house may suffer from outdated/overtaxed plumbing, possibly unsafe electrical systems, and decay weakened structural components, it could not be determined, but it is unlikely that the home is adequately insulated for heating/cooling demands. Interior - Cellar The cellar appears to be relatively dry and in good condition. The condition of adjacent crawl spaces could not be determined. The first floor framing which is visible from the cellar appears to be lightly framed (2"x6" @ 24" oc) but nevertheless generally sound. The cellar contains a refrigerator, dehumidifier and the following mechanical equipment; Generator transfer switch (Winco #ATS-3/A) - good condition. Boiler (Weil-McLain size P-766) with 4 zones - poor/fair condition. Hot water heater (propane, 40 gal cap., 64 gal/hr rate) - good condition. Water pressure vessel and pump - fair condition Sprinkler controls (Serviced and/or installed by Briarcliff Sprinklers North) with 5 zones - good condition. 3 Interior - First Floor The first floor is generally in good condition. The structure, while not finished to the level of current building practices, shows evidence of being well maintained. The rooms are bright with natural light, reasonably well ventilated, dry and clean. Aesthetically, the first floor benefits from the high ceiling with exposed joists and/or tongue and groove surfaces, large rooms, extensive wood paneling, wood floors, divided light wood sash double-hung windows, and several original lavatories. The first floor suffers from windows with damaged counter weights and fair/poor operation, water damage beneath sills, poorly retrofitted electrical wiring, rusted fin-tube baseboard heaters, and limited or no water views from some rooms. The floor shows significant sagging in several areas, which is possibly indicative of failing or inadequate footings and piers supporting the main floor beams. The kitchen, although updated with new counter tops, cabinets, flooring and appliances, suffers from poor layout/design. Interior - Second Floor The second floor is generally in poorer condition than the first floor. Maintenance, repairs, and renovation work appear to be of a lower quality than exhibited on the first floor. The rooms are poorly configured and do not efficiently utilize the available space. Aesthetically, the second floor benefits from the partial wood paneling and wood floors. As with the first floor, the second suffers from windows with damaged counter weights and fair/poor operation, water damage beneath sills, poorly retrofitted wiring, rusted fin-tube baseboard heaters, and limited or no water views from some rooms. The attic fan is repodedly inoperable and therefore not contributing to the ventilation needs. Cottage This one-story, wood framed dwelling contains a total of 984 square feet of habitable space. Exterior - General The cottage appears to be well maintained and structurally intact. Aesthetically the cottage benefits from its siting among the trees, Iow roof line, shingle siding and simple trim details. The first floor structure sits very close to or at grade level. The foundation could not be viewed from the exterior, but plywood was visible on a some of the exterior walls at grade level. While this may aid in keeping insects and pests from entering the house, it also creates a very poor condition by trapping moisture and preventing proper ventilation. The siding is cedar shingles with a six inch exposure, painted white and in good condition. The windows are mostly the single glazed divided light double-hung wood type and in good condition. The screens are wood framed and in fair condition, in need of some painting and screen repair. The living room has a large set of Anderson double glazed sliding doors. These are in fair condition with some damaged weather stripping. The asphalt roof is in fair/good condition. There appears to be only one layer and no cedar shingles beneath. Plywood roof sheathing is visible from the attic. The gutters are aluminum and in poor/fair condition. The stair leading to the attic, located at the east end of the house, is in poor condition and unsafe. The cellar access hatchway is in very poor condition showing significant rot and is unsafe. The shed located to the north of the Cottage was reportedly the well house for a wind driven water pump and storage tank located directly above. The shed currently houses the heating oil tank. The roof and siding are in poor condition, the uncovered well is unsafe, and the proximity of the oil tank to the well may be unhealthy. 4 Interior - General The cottage appears to have been well maintained but is somewhat damp probably due to the Iow floor elevation and inadequate ventilation of cellar and crawl spaces. Although it was not determined from the inspection, due to its age, the cottage may suffer from outdated/ovedaxed plumbing, possibly unsafe electrical systems, and decay weakened structural components. It could not be determined, but it is unlikely that the building is adequately insulated for heating/cooling demands. Interior - Cellar The cellar is very damp and in poor condition. The concrete block walls were generally sound, but damp and the bare eadh floor was damp and littered. The first floor framing which is visible from the cellar is lightly framed (2" x 6" joists at 24" oc) and appeared damp and moldy. The condition of adjacent crawl spaces could not be determined. The cellar contains the following mechanical equipment; Oil fired hot air furnace (Serviced by Bud's Reliable) with breaching and ductwork all in poor condition Hot water heater, relatively new and padially insulated - fair condition Water pressure vessel - poor condition Water pump - good condition Interior - First Floor The kitchen is in good condition with new floors, counter tops, cabinets, fresh paint and a mix of new and old appliances. The wood floors in the living room are in good condition. Carpet in the other spaces is in fair condition. The floor shows sagging in several areas, which is possibly indicative of failing or inadequate footings and piers suppoding the main floor beams. The walls and floors are gypsum board throughout and in good condition. There is a 60 amp electrical service. Interior - Attic The attic which is being used for storage appears dry. The roof is lightly framed (2" x 6" at 24" oc) and shows evidence of having been modified or added onto in the past. New plywood roof sheathing is visible. Garsae The garage contains spaces for two cars with a single carpod on the nodh end and a studio room with covered porch entry on the south end. The label "Cottage" as written on the owner supplied survey is an inaccurate description for this structure. No fudher investigation of the garage was made for this repod. Drawinqs/Survey An owner supplied survey prepared by Van Tuyl & Son on June 8, 1972 for Patricia D. Guinan and Helen Richards shows all currently existing site improvements. A tennis court and barn are also indicated. The tennis coud was repodedly removed recently. The barn was not investigated. It is interesting to note that both the garage and cottage are labeled as "Cottage". The Town of Southold would certainly consider the garage to be a "garage" and not a "cottage". Owner supplied blueprints, prepared by an unknown amhitect for Mr. and Mrs. R. P. Davidson on November 8, 1943, illustrate several different schemes for altering the house. These are a helpful starling point for developing new drawings. However, since none of the drawings accurately represent existing conditions, more surveying and verification of existing conditions will be necessary. No drawings of the Cottage or Garage were supplied or reviewed. 5 Other Documents A Certificate of Occupancy - Nonconforming Premises (See Addendum "A"), issued in 1986 by the Office of Building Inspector was obtained from the Town Hall and reviewed. This document states that the lot, dwelling, cottage and garage while nonconforming, existed prior to the implementation of the present Building Zone Code and may be continued to be used and occupied pursuant to applicable provisions of the code. A Town of Southord Property Record Card (See Addendum "B") maintained by the Assessor's Office was also reviewed, this document records land and building descriptions and notes ownership transactions from 1959 through 1992. 6 IV Site Analysis Overall Site Analysis and Evaluation The site is rectangular in shape, measures approximately 1,160 feet by 135 feet, encompasses about 3.5 acres, and is situated adjacent to Peconic Bay in a north/south orientation. The property includes a garage, cottage, shed, main house, bath house and dock. The property is accessed from the north via a long dirt drive. The northern two-thirds of the lot are wooded and the southern end is largely open. A large lawn interspersed with mature oak trees of 14 to 30 inch diameter, rhododendron, hydrangea, day lilies, roses, honeysuckle, and spirea surrounds the buildings. The site has many desirable attributes. Indian Neck lane has little passing traffic and no through traffic. The deep partially wooded lot provides for substantial privacy. The high elevation provides for excellent view of Peconic Bay and protection from flooding. A large beach includes a deck, dock and bath house. The bluff appears secure with a double row of bulkheading and mature, soil stabilizing, vegetation. The south-southeast exposure takes advantage of direct sunlight and prevailing wind. Adjacent lots appear to be of similar size and use. Town of Southold Zoning Ordinance The property is zoned as R-80, Residential Low Density District, which has a two acre minimum. The permitted Uses for this zone include One-Family dwellings. By a special exception of the Zoning Board of Appeals, two-family dwellings and Accessory apartments may be permitted. (See Note 1) Article III of the Zoning Code would typically govern the development of this type of property. However, because this lot was created and developed prior to and is not in conformance with the current code, Article XXIV - Nonconforming Uses and Buildings is also applicable. (See Note 2) Based on a review of the Zoning Code and a meeting at the Town of Southold Building Inspectors Office with inspectors Gary Fish and John Boufis on July 2, 1997 the lot and structures are considered to exist as follows; The Lot is nonconforming due to substandard width. Allowed width - 175 feet min, Actual width - 135 feet Note: Additional work on this Lot may require an area variance from the Zoning Board of Appeals (ZBA). Main Dwelling is a nonconforming building due to substandard setback at east side yard, Allowed side yard setback - 30 feet min. Actual Side yard setback - 1 foot Note: Addition and renovation permitted provided that setback is not further compromised. Cottage is a nonconforming building due to substandard set back at west side yard. Allowed side yard setback for accessory building - 20 feet min. Actual side yard setback - 12 feet Note: Addition and renovation permitted provided that setback is not further compromised and use is changed to a conforming use. Cottage has a nonconforming use. Allowed use - One dwelling per lot max. Actual use - Two dwellings on this lot. Note: May not be enlarged, altered, extended, reconstructed, restored, or rebuilt. Garage is a nonconforming building due to substandard set back at east side yard. Allowed side yard setback for accessory building - 20 feet min. Actual side yard setback - 2 feet Note: Addition and renovation permitted provided that setback is not further compromised. 7 Codes Rules and Reoulations of the State of New York Subchapter B - Building Construction. This section applies to all Residential and Non-Residential construction of buildings, additions and alterations. All new work must comply with the requirements of this code. (See note 3) Subchapter E - Conversions, alterations, additions & repairs to existing buildings. This section applies to all buildings and accessory structures whenever converted, repaired, relocated or additions. Alterations and additions must comply. If the cost of an addition or alteration exceeds 50% of the replacement cost, then the entire building must conform. (See note 4) New York State Enerev Conservation Construction Code The provisions of this code are applicable to new construction, additions and substantial renovations of existing buildings. Substantial renovation is when 50% or more of any system is replaced within a twelve month period. (Bee note 5) Department of Environmental Conservation The following determination is based on the site meeting with Glenn Just of JMO Environmental Consultants on July 2, 1997; Because the property has 135 feet of bulkheading which exceeds the minimum DEC requirement of 100 feet and it was installed prior to August of 1977, the scope of work as outlined in this report falls outside of the DEC jurisdiction. Therefore, the DEC does not require any submission or application for permit. However, if the Town of Southold Building Inspector does not agree with this determination, application may still be required. If this is the case, the DEC will probably respond with a notice of non-jurisdiction. (See note 6) Board of Southold Town Trustees The following determination is based on the site meeting with Glenn Just of JMO Environmental Consultants on July 2, 1997; The Trustees have jurisdiction over projects located within 75 feet of the water. The scope of work as outlined in this report falls outside of the Trustees jurisdiction. Therefore the Trustees should not have a hearing for this project. However, it is highly unlikely that the Town of Southold Building Inspector will accept this determination. It is recommended that the Trustees inspect the property to make their own determination. The Trustees will probably respond with a notice of non-jurisdiction. Suffolk County Deoartment of Health ~SCHD~ The following determination is based on the site meeting with Glenn Just of JMO Environmental Consultants on July 2, 1997. Application to the SCHD is generally required of new construction only. The scope of work as outlined in this report could likely be completed without a permit. However, any addition to or alteration of the existing septic system must be done in accordance with their guidelines. To this end, at least one test hole per septic field should be analyzed. Coastal Hazard Erosion Line The Coastal Hazard Erosion Line map was reviewed at the office of the Board of Southold Town Trustees. This property falls outside of the limits of the Coastal Hazard Erosion Line and therefore no special consideration is required. 8 Flood Insurance Rate Mao ~'FIRM) The Flood Insurance Rate Map was reviewed at the Town of Southold Office of the Building Inspector. The site is predominantly covered by Zone C. The area of the bluff and beach are classified as Zone A4 (EL 8) and Zone V4 (EL 8). Zone C is described as areas of minimal flooding.(See note 7) Insurance The scope of proposed work as outlined in this report falls entirely within Zone C and therefore no special flood insurance or consideration of the requirements of the Federal Emergency Management Agency (FEMA) or the National Flood Insurance Program (NFIP) is required. Because the site is adjacent to Peconic Bay the structures may be exposed to extensive damage from high winds or hurricanes. In order to obtain adequate property insurance, special consideration for structural integrity and design may be required. The New York Property Insurance Underwriting Association (NYPIUA) provides coverage for homeowners who may not be able to obtain insurance through regular carriers. The standards of the NYPIUA should be considered for all proposed work. (See note 8) 9 V Programming/Space Schematics/Site Development As suggested by the owner, two options for accommodating both families are outlined below; 1) Add to and renovate main House to accommodate both families. Permitted. However, Dwelling may be limited to one set of complete housekeeping facilities, i.e. one kitchen. 2) Add to and renovate Cottage to accommodate one family. A) Demolish existing structure and build new structure Not permitted. Must seek use variance for nonconforming use. Unlikely to be granted. B) Substantially renovate existing structure Not permitted. Must seek use variance for nonconforming use. Unlikely to be granted. Additional options are as follows; 3) Add to and reconfigure main House to become a Two-Family Dwelling. Permitted. Must seek area variance for nonconforming lot. May be granted 4) Subdivide property, creating two lots, one for main House and one for Cottage. Permitted. Must seek area variance for creation of a substandard lot. May be granted. Care must be taken to not create a more restrictive condition. Options 1 and 3 are very similar, differentiated mainly by semantic interpretation of the Zoning Code. While each option would require special design and construction considerations, the actual way each option is inhabited and used could be nearly identical. The attached sketches SK-1 and SK-2 diagramatically block out and describe a possible approach to these options. This scheme accommodates both families in the main house. Each family is given a complete set of housekeeping facilities of roughly similar size. The two family areas are separated by a common area to be used by both families. The common area includes the entry Pomh, Dining Room, a Common Room, and the waterside Pomh. The purpose of this common area is to allow the use of areas which are dear to both families while also providing a sound and sight privacy buffer between family areas. There are several advantages to this scheme. Both families are accommodated in the main house and are provided with roughly equal amenities. The position of the house on the lot is superior to that of the cottage. The entire project budget can be dedicated for one structure. The house is currently in need of repair work. There are likewise several disadvantages to this scheme. The privacy of both families may be compromised due to the relatively close living arrangements. A substantial addition will likely require upgrading of existing systems, insulation, etc., possibly consuming a significant portion of the budget. "Family Area One" consists of new construction at the first and second floors and partial occupancy of the existing second floor. The common area is carved out of the existing house. "Family Area Two" occupies the remaining space of the existing house on both the first and second floors. The approximate square footages are as follows; 10 Gross Living Area Family Area One First Floor 694 sf Second Floor 828 sf Subtotal 1522 sf Family Area Two First Floor 1035 sf Second Floor 830 sf Subtotal 1865 sf Common Area Exterior 617 sf Intedor 613 sf Subtotal 1230 sf Total 4617 sf Gross Construction Areas Existing House First Floor 2265 sf (Includes Porches) (Renovation) Second Floor 1304 sf Subtotal 3569 sf Proposed Addition First Floor 694 sf (New construction) Second Floor 354 sf Subtotal 1048 sf Total 4617 sf For the purposes of creating a rough estimate for this scheme, dollar per square foot amounts can be applied to both the new construction and renovation areas. It is impodant to note that this type of calculation is for preliminary estimating only, contractors do not build house by the square foot. Additionally, the figures are rough because the level of detail, types of finishes and extent of desired or required renovation work has not yet been determined. For new construction and renovation, consider $100/sf and $75/sf respectively. The estimate adds up as follows; Construction Cost Estimate Type Square footage Cost/Souare foot Extended Cost New Construction 1048 sf $100 $104,800.00 Renovation 3569 sf $75 $267.675.00 Total $372,475.00 Option 2 appears to be unfeasible and was therefore not schematically designed. Option 4 may be possible but complex and expensive. Further investigation of this option would be required prior to any schematic design. 11 SK-02 VI 2) Notes Zoning Chapter 100 from the Code of the Town of Southold Article III - Agricultural-Conservation (A-C) District and Low-Density Residential R-80, R-120, R-200 and R-400 Districts 100-31 A) Permitted Uses 1) One-family dwelling B) Special Exception Uses 1) Two-family dwellings not to exceed one (1) such dwelling on each lot. 13) One (1) Accessory apartment in an existing one-family dwelling 100-32 Bulk Area and Parking Regulations R-80, Minimum Lot size 80,000 sf (2 Acre) Lot Size 80,000 sf Lot Width 175 f Lot Depth 250 f Fmnt Yard 60 f Side Yard 20 f Both Side Yards 45 f Rear Yard 75 f Livable Floor Area 850 sf/dwelling unit Lot Coverage 20% Building Height 35 f Number of Stories 2 1/2 100-33 Accessory Buildings A) 18 f height max B) Setbacks 4) If in excess of 79,999 sf then, 20 f min C) Waterfront Pamels - Accessory building can be located in front yard provided front yard setbacks are meet. Zoning Chapter 100 from the Code of the Town of Southold Article XXIV - Nonconforming Uses and Buildings 100-241 Nonconforming Uses 100-242 Nonconforming Buildings with conforming Uses 100~243 Nonconforming Buildings with Nonconforming Uses 100-244 Nonconforming lots A) Such lot shall be required to meet the following: Area- 120,000 to 199,999 sqft Lot coverage 10% Front 60 ft Side 30 ft Both side yards 60 ft Rear 85 ft 100-245 Repairs and Maintenance 12 3) Codes Rules and Regulations of the State of New York Subchapter B - Building Construction Article 1 650.1 Purpose - Safety, Health of occupants and users 651.1 Scope - Residential and Non-Residential, public and private, including accessory structures 651.2 Construction - Applies to new construction of buildings, additions and alterations Article 2 - Occupancy & Construction Classification & Fire Limits Part 701 Occupancy & Construction classification by occupancy or use group A._.tl - One Family Dwelling Part 702 Classification by Fire Hazard A) One & Two family dwellings are no.._tt classified on the basis of fire hazard Article 3 Part 717 One & two family dwellings - Space and fire safety 717.6 Safety controls for attic fans, attic fans shall be provided with means for automatic shutoff in event of fire Part 721 721.1 Smoke detecting alarm devices each floor, sleeping space, outside each sleeping space Article 8 - General provisions for systems & equipment 850.4 New installation & alteration - New installations & alterations or extensions to exist equipment & systems must conform Article 10 - Mechanical Requirements Part 1000 Heating 1000.1 General requirements 15 th Seot to 31 May must achieve minimum design temp Table 1-1000 Group Al, A2, B1 - 68 degree (FI 4) 5) Codes Rules and Regulations of the State of New York Subchapter E - Conversions, alterations, additions & repairs to existing buildings 1230.2 - Scope - Applicable to buildings & accessory structures whenever converted, repaired, relocated or additions 1231.3 - Alteration & Repairs A) Alterations must comply with Subchapter B unless "Minor Alteration" C) If cost exceeds 50% of replacement cost, then entire building must conform 1231.4 - Additions C) If cost exceeds 50% of replacement cost, then entire building must conform New York State Energy Conservation Construction Code Part 1 7810 General Provisions 7810.3 Effective Date March 1991 7810.6 Scope A) Minimum requirement for new buildings, portions, additions or substantial renovation D) Application to existing buildings 1) Addition must comply & equipment or systems in connection must comply a) Addition alone must comply b) Addition w/entire building must comply c) Annual energy usage must not exceed previous usage 2) Substantial renovation of existing building a) 50% of any system replaced within 12 month period 3) Special Conditions a) Renovation of inside of exterior walls requires R-10 insulation b) If more than 50% of glazing replaced then U-value must be less than or equal to 0.58 13 6) 7) 8) Tidal Wetlands Land Use Regulations 6 NYCRR Part 661 - Effective Jan 16 1991 661.4 - Definitions B) 1) Adjacent Area i) 300 ft Landward of Boundary ii) To seaward edge of man-made structure (not including buildings)(includes bulkheads) iii) To elevation contour 10 feet above sea level Flood Insurance Rate Map Community-Panel Number Map revised 360813 0092 D August16,1993 NationalFIoodlnsumnce Progmm (NFIP) 1 800 638 6620 New York Pmpe~ylnsumnce Underwriting Associ~ion(NYPIUA) 212 208 9773 14 TOWN OF SOUTIIOLD OFFICE OF I1UILDING INSI'ECT(';R TOWN [{ALL SOUTIIOLD, NEW YORK CERTIFICATE OF OCCUPANCY NONCONFOI%MING PREMISES Tills IS TO CERTIFY that the /__~/ Land /X/ Building(s) /~/ Use/s) located at 6850 Indian Neck Road Pre C.O. ~- Z14212 Date- Feb. 6,1986 Peconic Street Hamlet shown 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 /--_X/Land [~_/Building(s) /Z/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 information presented to the Building Inspector's' Office,. the occupancy and use for which this Certifi- cate is issued is as follows: Property contains a one story, one family wood framed dwelling; a guest cottage; an accessory building contain- inq a work shop¢ two car ~ara~e & a carport. Property also contains a wood framed shed; a bath house;, and an accessory metal shell build- in~. All in an A-Residential-Agricultural Zone with access to Indian neck Road. The Certificate is issued io of the aforesaid building. GUINAN~ ~ATRICIA Suffolk County Department of IIealth Approval UNDER~q{I'rERS CERTIFICATE NO. N/R N/R NOTICE 1S IIEREBY GIVEN that the owner of the above premises IL~S 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. Buiidin~ respecter ~~'~.~(~._,.?,~'I~OW~:OF SouTHOLo 'PROPERTY RECOR~''C-ARO FORMER OWNER s~,s. Z~,~ VL. FARM COMM. I N D. LAND - iMP. TOTAL DATE .3 ?~,~ 72~ . ' .~- 7 ACREAGE SUB. LOT J CB. MISC. ;AGE REMARKS t z~g-/~'.~, ~/-~, ,~'/2 '~ BUILDING CONDITION NORMAL BELOW ABOVE Value P Jot I Acre Value Per Acre xFenslon ~xtenslon Foundation Porch Porch Bath Floors Interior Finish He~t Attic Rooms 1st Floor 2nd Floor ,w.,~ ~"~,.x-~ ................ TYPE OF BUILDING ~;~ CO~. ,~- CB,(~}~MI~ ~..~.,-, Mkt. Value ::4% BU LD N~ ~CO,NDITION ~"~.: ,' ~ ~ FRONTAGE'ON WAT ER~ VIII Basic Assumptions and Limiting Conditions This summary report is subject to the following assumptions and limiting conditions; The amhitect is not responsible for matters of a legal nature that affect the property or the title to it. This report has been prepared based on the assumption that the title is good and that the property is under responsible ownership. The information furnished by others is believed to be reliable. However, no warranty is given for its accuracy. It is assumed that there are no hidden or unaparent conditions of the property, subsoil, or structures that will have bearing on the premises of this report. No responsibility is assumed for such conditions or for arranging for engineering studies that may be required to discover them. Unless otherwise stated in this report the existence of hazardous substances, which may or may not be present on the property, or other environmental conditions were not called to the attention of the architect, nor did the architect become aware of such, during the inspection. The architect has no knowledge of the existence of such materials on or in the property unless otherwise stated. The architect, however, is not qualified to test such substances or conditions. No responsibility is assumed for any such conditions, nor for any expertise or engineering knowledge required to discover them. The Owner is urged to retain an expert in this field, if desired. The architect has examined the available flood maps that are provided by the Federal Emergency Management Agency and has noted in the report whether the subject site is located in an identified Special Flood Hazard Area. However, the architect is not a surveyor and is therefore not qualified to make this determination. The architect makes no guarantee, express or implied, regarding this determination. The architect is not an expert in the areas of Home Inspection, Environmental Engineering, Structural Engineering, Mechanical/Electrical Engineering, Land Surveying, Real Estate Appraisal, or Insurance Brokerage. The Owner is urged to retain experts in these fields, if desired. While the scope of this report included research and analysis, the report is abbreviated in nature. Additional data and analyses may be contained in the architect's files and are available, upon advance notice, for review. 16 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen James Dinizio, Jr. Lydia A. Tortora BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 October 23, 1997 S.E.Q.R.A. --mYP-E ii ACTION DECLARATION Appeal No. 4523-V Project/Applicants: Patricia Rushin and Pamela G. Mottley County Tax Map No. 1000- 86-7-5 Location of Project: Variances - lot size & setbacks for additional dwelling unit (one-fam to two-fem, cony) Relief Requested/Jurisdiction Before This Board in this Project: To convert main dwelling from one-family to two dwelling, in conjunction with continued accessory guest cottage use as third unit. This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law 344-4 of the Town of Southold. An Environmental Assessment (Short) Form has been s~bmitted; however, Section 6!7.13 of 6 NYCRR Part 616, and Section 8-0113 of the Environmental Conservation Law, this variance application falls under the Type Ii classification as established by ~aw. Further, this Department may not be an involved agency under SEQP~A {Section 6i7.13(a) as amended February 14, 1990}.. Although this action is classified as ~pe I! for this variance application under SEQRA {specifically 617.13, 616.3(j), and 617.2(jj)}, this determination shall have no affect upon any other agency's interest or SEQP~ determination as an involved agency. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, $outhold, ~ !197! at 765-!809. Original posted on Town Clerk Bulletin Board, Town Hall Copies to applicant or his agent and individual board m~bers. Cocv placed in ZBA projec~ file for -=~ ~ ~ _ -- =-~or~ Duruoses. ~'~..~ $OUTHOLD,.TOWN BOARD OF z~o applications filed by APPEALS, atth~$oUtholdTownHall, ~ PATRICIA G. RUSH[N and 5~5 Main Road, $outhold, N~w :York_ _~..,PAMEI~ O. MOTTLEY ~.egatding 11~71~n THURSDAY,~OcTOBER ~ ptope~y Ioca?d at ~0 Inthan Neck 23,1~97atthetime~n6ted.below(orz. s ;~ l.~ue, pecomc, NY; County Parcel soon thewa~er az po~le):~ j~: '! = ~ ~" ' #1000-86-7-5 of 149,054 sq. fl., for the 7:00 p.m. Appl. ~,$20 ~ STAN- following approvab: LEY PAWI..OWSKL Based upon the 1) AppL ~M52~ -- Special Ex, Building Inspector's August ~8; 1997 oep·ion is re~ed to convert ex- Nofico of Disapproval, a ~?a~ance is ' '',. Ling principal building from one- requested for an "aS built" teams corot, family to two-family' ~ az pm-. allov~ble to~l lot coverege~ fo· all~ 31B(1); and · buildings -Md :'structures, ]ind for..r 2) AppL #4523 -- Variances appmvalofjtspmsentlocafionl~lyin =. ~det Article IH, ,Sec~n 100-32, · side yaniand at l~s than 10 ~ from ' ' , .B~lk, Area andparkin~Scheduk, az sideand~-arPto~enylin~Locad~of ~ to the exintin8 noncoefogmJties o! Cutcbugue; ~000-102~?-4.. ,- ' ' ,~'. , "backs, for the l,~,,~.~d coevmalon 7:10 p.m. Appl. #4509 -- TONYES of the existing P~inciFal ginnie'fatal' REALTY CORP. d/b/·.: Soulhold ' lym to a Iwo-family drilling Automotlv~'-coq).: (C~ove~:, fromm:. ' i~ addlrion .to the p~eexkting 9/25). Property Lo~ti~: Comer of~ co, ge, which cottag~ is inclm~V,d I~,~,,~ Ave. and S/s Main Road, ~ Februao/ 6. 1986 Cefllficata o · ..... g - · C~OLYN H. Fl~l~,l~:l~l~d upon .-~-:-'-~"" ' '~ '~'" - 8.'00 pm JOINT PUBLiC HEAR-' · 'the September 24,,-1997,'Nmi~e Of ~ [NOS: Two applications by HAY .- Disapproval, a. ~'n~anor is mquorted · HARBOR CLUB, INC. regatdinn und0t Article XXllI,'.Secflon 100- ~,,,h~t~y locatad in an R-120 Zone 239.4A(1) for permi~lon to corn·met District at Odemal Avenue. F~hem · deck addition within ~t00 feet of L.L' Island; County Parcel #1000-9-12-8.1, So,nd bluff. Loc··los of.Property: . for the following iFl,~,,vals: 17975 Soundview Avenue, Sootbuld, 1) Appl. #4503 -- Thh !z an NY; 1000-51-1.-7. = appllcarion for a Special Exeaption 7:2.5 p.m. Appl. #451.2 '-- ' under A~lcle IH, SeeiJon 100- ~HURCH OF COD IN (~J~'r, A 31l~'0, sub~ectie~s (a) through (d), ....... Buildingl~s~ector'sSeptemb~2,1997' ~'' existtng golf course and related ~olf for an "~s built" ~rand ~ign tn ~ p~-. npplk~ion ~ upon the July 22, sent location, with int~o~ ll~$.m~d . 19~/Notice of. ~,,val by brink b~e. Location of ~: 15625 ~ : Building Inspector in whl~ a pem~ C.R. 48, Cotchog~; County l's~el'"', to' demolish and. recoo.,muct a ~oif 1000-1IH-l-10.-' .~' ' . clubhouse and employee housing 7:30 p.m. JOINT PUBLIC HEAR-. were disapproved on the following ~wn I.~w ~outhold, l be held Oy the III q ~i '~1 I unds #. 13ein .ed nanR- ~ '~lntbeabov~pplicaflon~Each.,h.e~ing 'peru·it·ed only by Spec{al Exception miU~d before e~h i~lc~l~ hearing is (under Section 100-3lB)shall no~ be concluded. The fiis~ nm aY·liable for enlarged, reconstructed or struc- ~ ~ review during Town Hall business lurally altered or moved uale~ the.. hours (8-4 p.m.). If you he~;e questions, use of such building ts cbenged to a . ple~edon~h~itatetocal1765-1809. oonformin$ use, A~lcle X.XI¥,. · Dat~:l: October 2, 1997 . Section 100-243A..." for apprOVal .' . . ~. BY ORDER.OFI'H~ · SOUTHOLD TOWN by Varianc~ 'nnd/or Interpretation,. .... ~ '~:"BOA~DOFAPPF-AL~ . .t~t golf club may have *,-~*oO' . · .employse buuslng, i · . - . · ' GERARD E GOEHP.,JNOER, · dam and plao~ hea~ any and all pe~o~.: ~ ~ . .¢ By Lind· Kownlsk~ or ~,;~..~ntatlve~ deal·lng to be heard' , 1162.1. _1_'~). ...... · ~ the Town of $0uthold, County of Suffolk and 8trite of New York, and that the No·lee of which the annexed is s printed copy, hn~ been regular- ly published in said Newspaper once eaeh week for ---L--- weeks s~eqesslvely, c_ommenelng on theq day of~19~__~. l~lncipal Clerk Worn to before me this MAR D NOTARY PUBLIC, SIAIE OF NEW YORK NO. 52'.4655242, SUFFOLK COUNIY COMMISSION EXPIRES AUGUST 3&, 19~ JUDITH T. TERRY TOWN CLERK REGISTRAR OI. VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 1 I971 TELEPHONE (516) 765-1801 TO: FROM: RE: DATE: SOUTHOLD TOWN BOARD OF APPEA, Jb$ JUD,T. T. TERRY. SOUT.OLD CLER. ZONING APPEAL NO. q523 ., SEPTEMBER 29, 1997 Transmitted is application for a variance submitted by Patrick Brennan/ Brennan Design Works, Inc. on behalf of Patricia 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 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 29 September, 1997 Dear Ms. Kowalski, Enclosed please find the Town of Southold Special Exception and Variance applications for the Rushin/Mottley properly. I believe that all of the application documents are included and properly filled out as per the requirements outlined by your office. For your information, the owners are as follows; Patricia G. Rushin 32 Black Banks Drive St. Simons Island, GA 31522 and Pamela G. Mottley 120 East 89th Street, Apt #2C New York, NY 10128 Please direct all correspondence in connection with this application to the following; Patrick Brennan Brennan Design Works, Inc. 526 West 22 nd Street New York, NY 10011 (212)989-1123 or (516)734-5008 The application includes the following items; Application For Special Exception (2) Applicant Transactional Disclosure Form (1) Questionnaire (1) Short Environmental Assessment Form (1) Appeal From Decision of Building Inspector (1) Reasons For Area Variance (1) Applicant Transactional Disclosure Form (1) Questionnaire (1) Short Environmental Assessment Form (1) Fee - $600.00 (1) Affidavit - Rushin and Mottley (2) Certificate of Occupancy (2) Deed (2) Photos of Existing and Proposed Conditions (2) Survey (7) Drawings of Proposed Work (7) 526 West 22nd Street New York, New York 10011 t. 212.989.1123 f. 212.807.1909 bdwinc@aol.com I am thankful for the assistance your office has provided me in preparing this application. I know that my clients will appreciate your expeditious processing of this application. Please do not hesitate to call if you have any questions or require any additional information. Sincerely, Patrick Brennan, AIA Principal BRENNAN DESIGN WORKS, INC. encl./ cc: pgr pgm PKB/pkb , out old To m Clerk TOWI'I OF soUTIIOLD, 14E~M YORK APPEAL [:ROM DECISIOI-I OF IIUlt. DIHL] II-ISPEC'fOR APPEAL ' DA' E Patricia G. Rushin/Pamela G. o~ottle~ ........................................................... I, (Wej .......................... ;'".'""'~;;'"'.' ...................................... Slrcet orwl I-hJmber ~ame. pi' /~ppe~n, . 'Brennan Design wor~s, ~nc. 526 West 22 nd Street, New .~..o..~.~.,...NY...l~.011 ............. -tEREBY ^PPE~L TO Municipalily Stale (516) 734-5008 TIlE ZOI'III~IG BOARD OF APPEALS FROM TIlE DECISION OF Tltl-'. BUII.DII,IG INSPECTOR O1.1 See Note, DATED ...................................................... APPLICATION FOR PERMIT NO ..................................... WHEREBY 'File BUll.DING INSPECTOR DENIED TO Patrick Brennan, Brennan Design Works, Inc on the behalf of; Patricia G. Rushin~ P~mela G....~.g..t..t~ey Name of Applicont for pe,,,,,it Brennan Design Works, Inc. 526 West 22nd Street NY, NY 10011 Street and J.h,mber Mu,aclpohly Stale ..... NOTE: No disapproval was given. At meeting w~n ( ) PERMll' TO USE -- ( ) PERMIT FOR OCCUPANCY Building Inspectors, applicant was directed by Inspectors G. Fish and J. Bou£is on ( ) 7/2/97.to proceed to Board of Appeals. J. LOCATION OF THE PROPERTY 685.0.....I-P..~'.~'J"J-"1~'.e'.(~'~'-L~'n-~-&-'~'~"q'9'~'~-"°"~'"~'~""l"l"9'~'~'" .......... Stree, /llamlet /pa~z~e~s~ri~.t.o~uZs~,~ ~Mff8 District 1000 Section86 B10c~ Lot ~ - · P~ela G. Mottley ................. .d..... kurren~ ~mer .............................................. 7Lot No. Mop No, Prior Owner 9at~ioia ~, guim~m 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of Ihe Zoning Orclinance by nu~ber. Do not quole the Ordinance.) 3. T~'PE OF APPEAL Appeal is made herewith Ior (please check appropriate box) (X A VARIANCE Io the Zoning Ordi,~once or Zoni,~g Map A VARIANCE doe to lack of access (Slate DJ New York Town Law Chap. 6] Cons. Laws Art. 16 Sec. 280A Subsection 3 4. pp, EVIOUS APPEAL A previous oppeoJ-(t~'6g (has not) been mode wilh respect to Ibis decision oi tile Building Inspe~lor or wilh respect to Ihis properly. Such appeal was ( ) request Ioro special permil ( ) request for a variance · and was made in Appeal No ................................. Dated ............................. ~ ........................................ REASON FOR. APPEAl.- ( ) A Variance to Section 280A Subsectio. 3 (X) ^ Variance Io lhe Zoning Ordinance ( is REASOt'I FOR APPl:AL I. S'[RICT APPt. ICATIOhl OF TI'IF ORDINANCE woul,l produce proclicol tJilflcallles or tJnneces- sa~¥ IIARDSlliP because The property, including the dwellings and accessory buildings, was created prior to the Town's adoption of a Zoning code in 1957. The property was pumhased by the appellants' grandfather, Robert P. Davidson, in late 1941 or early 1942. At the time of pumhase the property included the Main Dwelling, Guest Cottage, Tennis Court, Water Tower/Pump House, Gazebo, Dock, and Barn. In 1944, the appellants' grandfather and father, George H. Guinan, built the GamgeRVorkshop. The Water Tower was dismantled in the 1960s. In the 1980s the Barn and Tennis Court were removed. The property is zoned as R-80, Residential Low Density District. While the lot and structures generally satisfy the intent of the zone, they are nonconforming in the following respects; - Lot is nonconforming due to substandard width. - Main Dwelling is a nonconforming building due to substandard setback at east side yard. - Cottage is a nonconforming building due to substandard setback at west side yard. - Cottage is a nonconforming Use. - Garage is a nonconforming building due to substandard setback at east side yard. These nonconforming conditions, which were in no way created by the Owners, present several difficulties in accommodating the current family's needs. A strict application of the Zoning Ordinance substantially limits the Owners ability to maintain, improve, and continue to use the property in a peaceful, healthy, a_nd safe manner. . _ __ The hardshil~ created is UNIQLJE and is not shored by all properlies alike In the Immediate vicinily of Ibis properly arid in lhis ~lse district because The appellant understands that it is the intent of the Ordinance that nonconforming conditions will eventually be eliminated through the natural processes of disaster, disrepair, and abandonment. However, this situation is unique for three reasons; 1) The lot and structures all existed prior to the adoption of the Zoning Ordinance. 2) The current Owners are the third generation of same-family owners. The property was also used by the appellants great-grandparents and is currently enjoyed by their own children and grand-children. Six generations in all. 3) The property and structures have been continually used and maintained. 3. The Variance would observe lbe spirit of the Ordinance and WOULD NOT CHANGE THE CIIARACTER OF TI IE DISTRICT because The Variance would continue to follow the intent and spirit of the Ordinance because there would be no substantial change in the use or purpose of the property. The large and substantially wooded lot can easily accommodate the Owner's needs without compromising the neighbors peaceful enjoyment of their homes or impacting the open rural quality of the District. STA'rE OF NEW YORK ) ) ss COUhlTY al: Patrick Brennan Brennan Desigh Works, Inc. JOYCE M. WILKINS Notew Public. State of New'fork No. 4-952246, Suffolk Counts~ Term Expires June 12, 1 ~ REASONS FOR AREA VARIANCE ONLY (to be completed by applicant}: Do not use these standards for "use variance" or "special exception." (Also attach sheets If necessary, with signatures.) 1. An undesirable change will NOT be produced in the character of the neighborhood or a detriment to nearby properties, if granted BECAUSE: The Owner's and neighboring lots are substantially screened from each other and affo~ each owner m~imum p~va~. The Ama Variance will not change the n~u~ or frequency ~ the Owners use. 2. The benefit sought by the applicant CANNOT be achieved by some method, feasible for the applicant to pursue, other than an area variance BECAUSE: Existing nonconforming conditions preventaccommodatingthe Owner's needsin any other masonablew~. 3. The amount of relief requested is not substantial BECAUSE TheareaofthelotcurrentlyexceedstherequirementsofR-80andiswithinl0% ofrequiredarea fortheproposedTwo-FamilyDwellingException. 4. The variance will NOT have an advecse effect or impact on the physical or environmental conditions in the neighborhood or district BECAUSE There would be nosubstantialchangeintheuseorpu~oseoftheprope~. Thelargeand substantiallywoodedlotcaneasilyaccommodatetheOwnefsneeds. 5. Ilas the alleged difficulty been self-created? ( ) Yes. (X) No. 6. This Is the minimum that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community. STATE OF NEW YORK) COUNTY OF SUFFOLK) Brennan Design Works, Inc. (Applicant) Agent must attach written consent from owner. Sworn to before me day of~, 19~? · . Notary Public ux%lk/form.'/ar/temp JOYCE M. WILKINS Notary Public, State of New York No. 4952246, Suffolk County_ Term Expires June 12, 19~ ./ APPLICANT TRANSACTIONAl, DISCI.OSIIRE The Town of Soutbold'e Code of ~.thios prohibits conflicts interest on tile pact cE town officers and employees. The p.urpoee of this form is to provide i,~formation which can alert the town of possible conflicts off interest end allow it to take whatever action is lleressary to avoid same. Pa%-rirk Brennan, Brennan Des±ge Works, on the behalf of; YOUR NAME,Patricia G. Rushin and Pamela G. Mottley (Last Ilame, first name, middle initial, unless you are applying in tile Ilame Of aomeolle else or other entity, such as a company. I[ 8o, indicate the other person's or company's name.) NATURE OF APP[.ICATIUN; (Ch~.ck all that apply. ) Tax grievance Variatlce X .Change of zone Approval of plat Exemption from pi, at or official map Other (If "Other," name the activity.) Do you personally (or bhrouuh yoar company, speuse, sibltn.g, parent, or child) bare a relabtonshlp vtbh any' officer or employee oE bile Town oE Soubbold? 'Relebtoeehip" inelsdes interest' means a bust[tess, includLiIg a partnership, tn ownership o~ (or empl()yment by) a corporabion In vbfcb tile towfl o~[icer or employee syria mere than 5~ oE the YES NO X If you alievered 'YES,' complete tile balance of thlB form and date and sign vhere indicated. Name of person employed by tile Town of Southold Title or position of that person Describe tile relationship between yourself (the applicant) and tile town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. Tile town officer or employee or hie or her spouse, sibling, parent, or child is (check ali that apply) ~ A) tile owner Of greater than 596 of the stares of the corporate stock o$ the applicant (whe]l tile applicant is a corporation)~ __B) the'legal or beneficial ow~3er of any interest In a noncorporate entity (when the applicant ie not a corporation)~ __.C) an officer, director, partner, or employee of tile applicant ~ or D) tile actual applicant. DESCRIPTION OF IIELATIONSIIIP Submitted t~t~ 29 day of Sept 1997 Patrick B~ennan P~[nt nameBrenn~n ])esi_~n ~orks; Inc. The N.Y.S. Environmental 0uality Rev£ew Act requires subm£ss£on SHORT ENVIRONMENTAL ASS£SSMENT INSTRUCTIONS: (a) In order to answer the questions in this short ~AF it is assumed that the prep=er will use currently available information concerning the project and the likely impacts of th~ action. It is not eXpected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environ. mental ~sessment Form is necessary. (c) If all questions have been answered NO it is likely that the project is not significant. (d) Environmental Assessment 1. Will project result in a large physical change to the project site or physically alter more 2. Will there be a major change to any unique or unusual land form on the site? - Yes ~No 3. Will project alter or have a large effect on an existing body of water? Yes ~No 4. Will project have a potentially large, impact on groundwater quality? Yes ~No 5. Will project significantly effect drainage flow on adjacent sites? .~_Yes ~ NO 6. Will project affect any threatened or endangered plant or animal species? __.Yes ~NO 7. Will project result in a major adverse effect on air quality? Yes ~No 8. ~ill project have a major effect on visual char- acter of the co~nunity or scenic views or vistas known to be important to the community? Yes ~No 9. Will project adversel~ impact any site or struct- ure of historic, pre-historic, or paleontologica~ importance or any site designated as a critical environmental area by a local agency? . ___Yes ~No 10. Will project have a major effect on existing or future recreational opportunities? .__Yes ~NO 1~. Will project result in major traffic problems or cause a major effect ~o existing transportation Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ante as a result of the project's operation~ ~Yes ~No 13. Will project have any impact on public health 14. Will project affect the existing community by directly ca~sing a growth in permanent popula- period ar have a major ~eqative effect on the charact~of the community or neighborhood? l~L Is the~e PO~j~c controversy Concerning the pro,ccc? ~/. ~l-~f')_ * ' %.~ Prep~er's Si~ature: P&tric~ N~e~n~, Brennan Design Works, 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.} ~a%ricia G, Rushin Tenant in Common Pamela G. Mottle¥ Tenant in Commnn 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 { ~ No 1. Are there any areas which contain wetland grasses? No 2. Are the wetland areas shown on the map submitted with this application? Yes~ Peconic Bay 3. Is the property bulkheaded between the wetlands area and 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 a=ea 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 p~_ed .use TWO-kamlly ]3welling Brennan Design Works, Inc. Authorized Signature and Date TOXVN OF SOUTIIOLD OFFICE OF []UII.,DING INSPECT(')R TOWN tIALL SOUTIIOLD, NEW YORK CERTIFICATE OF OCCUPANCY NONCONFORMING PREMISES Tills IS TO CERTIFY that the /~/ Land Pre C.O. #- Z14212 /X/ Building(s) Date- Feb. 6,1986 I-I Use(s) located at 6850 Indian Neck Road Peconic Street Hamlet 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 /~/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 information presented to the Building Inspector's' Office,. the o~cupancy 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- lng. All in an A-Residential-Agricultural Zone with access to Indian neck Road. The Certificate is issued to of the aforesaid building. GUINANt ~ATRICIA (owner, Suffolk County Department of Health Approval N/R UNDERWRI'rERS CERTIFICATE NO. N/R NOTICE IS HEREBY GIVEN that the o~vner of the above premises ILhS NOT CONSENTED TO AN INSPECTION of the premises by the Building Inspec- tor to determine if the premises comply with al! applicable codes and ordin- ances, other than the Building Zone Code, and therefore, no such inspection has been conducted. This Certificate, thercfore, does not, and is not intended to certify that the premises comply with all other applicable codes and regula- tions. Buiidin~ inspector · ch-d d ' TIII$1N~ENTURE, madethe c~'~) dayof July ,mneteenhun · aa ninety seven BETWEEN 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 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 partyofthefirstpart, a~ PAMELA G. 89th Street, New York City, whose address is 32 Black Banks Drive, St. Simons Island, 31522, as Tenants in Common, MOTTLEY, whose address is 120 East New York 10128 and PATRICIA G. RUSHIN, Georgia party of the second part, WITNF..SSETH, that the party o! the first part, by virtue of the power and authority given in and by said last ~vill and testament, and in consideration of Ten ( $10.00 ) 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 second part, the heirs or successors and assigns of the party of the second part forcver, ALI. that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and beingind~4 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 :p~emises herein described and those of said Letitia C. Richmond, south 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 less, 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. NO. ~ ~ginning at a monument onehe southerly side ~f 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 H. Halsey, 11 September, 1913. Being the same premises conveyed by Robert p. Davidson to his late wife, Belene 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 Helene 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 ?atricia 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 Road.adjoining 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 right, 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 wa). 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 e EXECUTOR / STATi OP NEW YOLK. COUNTY OI~ S~'FOLK ES: · . .OJ~e ~ dayof July ~ 1997,beforeme personally came Pamela G. Mottley to me known to be the individual described in and who executed the forego.~mg instrumcnt/~nd/a~knowledged that she executed. {~be} same. STATE OP NEW YOLK, COUNTY OF SS: On the . day of. 19 , before me personally came to mc known, who, being by me duly sworn, did depose and say that he resides at that he is the o1 , the corporation described in and which executed the foregoing instrument; that he knows the seal o1 said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said coq)ora- tion, and that he signed h name thereto by like order. STATI OF NEW ¥Od~COUNTY OF SUFFOLK ES: On the d~of July 1997 0 before mc 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 thc STATI OF NEW YOLK, COUNTY SS: On the day of 19 , before mc personally came the subscribing witness to the foregoing instrument, with whom ! am personally acquainted, who, being, by mc duly sworn, did depose and say that he resides at No. ; that he knows to be the individual dsscribed in and who executed the 'foregoing instrument; that he, said subscribing witness, was pre~cnt and saw execute the same; and that he, said witness, at the same time subscribed h name as witness thereto. TITLE NO. ESTATE OF PATRICIA D. GUINAN TO PAMELA G. MOTTLEY and PATRICIA G. RUSHIN $l~lllll FNN if litll Viii W if lIRE IUIilWlIII~ Distributed by Fidelity National Title District 1000 SteT,ON 086.00 M.OCK 07.00 LOT 005.000 COUNTY OR FOWN Town of Southold County of Suffolk RETURN BY MAIL 'fO: Joseph J. Cella, Esq. P.O. Box 868 Southold, New York Z~N&1971 FOR OFFICIAL USE BY STAFF AND ~ViEiViBEllS AS UPDATES TO FILE Ref: ~1,~197 I ~ 197 12.%197 I 19'7 I I9'7 I- 197 /97 /97 /97 /97 /97 /97 /97 /97 /97 /97 /97 /97 /97 /97 i :FOLK JUO.T.T. TERRY. TOWN CLERK CASH k~an NKk RMXI PeCO~C. NY SK-01 SK-02 SURVEY OF PROPERTY A T PECONIC TOWN OF SOUTHOLD SUFFOLK COUNTY, N Y. 1000 - 86 - O? - 05 Scale: 1" = 50' Aug. 28, 1997 DEC. 2, 1997 AREA = 149,022 sq. ft. or 3. 42108 ac. to tie line ~C~T AS PER ,.e~CTI~N ?EOS..EU~DIWSIOi~ ~, ALL OffRTIFICA~..e / j i~l. 35'00'40" if'., ;TEST HOLE ;~ =- .o.~' N/O/F KA THLEEN VARANO & 0 THERS ~1~ 765 - P, O. BOX 909 IE30 TRAVELER ,~19 6~ 8 STREET 11971 SOUTHOLD, N. Y. 97- 285 526 Wes[ 22nd Ne Yorkl w , Y,o r k 212,807:1909' ABBREVIAT ONS : SX MB 0 L S - r,,I^T~::R,A.S SYMBO'ES- ' AJJJM' AIUM~NI~t aT. a~T ~.R ~*~ ~IS~T I ~ EXTERIOR EL~A R ,, BLK~ BL~G ~S. ~S~Y BUILDING SECTION INUICATOR ~, C~T ~. ~U~ ~ REIN~ C~CRETE . m ~T' C~E ,N. ,N~U ~ ECTtON IND'ICAT~ corR. ~OR ~* ' ~[~ WOOD BLOCKING ' DET, D~ P~1, P~T~D~ COLUMN 'LNE, NDICATOR :~ ,, [.J. E~ ~aT ~ R~ ' ' ELE'VATION ND CATQR EXT. ~EXTE~m , S~O. S~D~ ' GY~S~ BOARD ~ ' ~ ,, , ~m. F~TU~ ~' ~[~ ~ ', ~oRTH 'ARR W:, ' F.P. , F~P~ , ' ~. s~m. , ;RJ,~lO, I ~ SPACE/ROOM DES . ., , LIST OF DRAWINGS C~*i COVER SH ET SITE PL*N~ ~ A-5 , ,FIR2T FLO( A-6' SEC{~o FL .... ~'~'"'"" .... ~"'" '" EL ~'.'ATIC*Ng · ~ ........LAN- . PROPOSED PLAN rOR PROPOSED PLAN RUSHIN/ '- MOTTLE'f,,,,,' ,,R,E,S1DENO, E ii ,,i:,' ,: .[ AL{G ,UST :199'7' , ' , PRoPoS~ ' " ' ' ' ' ' ' ' ' LOTS [ ' ..... , , ' ' , , ', ,. ,' , .... ,: MINIMUM :;REQUiREMENT$ :' r ' ~ '; ' ' ' .... : ' ; , ?, ' ' ' ' 120, .0 O00 ' '" " ' ' ' ~ ~ '' LOT sIT~ FT;) ' 80,DOO 160, ' -.;, ' ' '' ' ' ' : ' 135 ' "' ' ' ' LOT ,WDTH (FT) 175 - 270 ,135 .... ' ' - , ' 250 400 ' . .... LOT' DEPTH (FT) ,,. 1,10 1 ' ~' . ' . . . Fr t' YARD (F'T) 60 60 60 I 914- 914 i - i ~ II~ , SIDE YArD (FT) 20 , 30 30 .2 & 80 1.2&' 64 ' , , · , " '' ~' IDE yARDS .¢5 60 60 ; 81,2 12 . ' ' :', "' REAR YARD (FT) 5 ,' " '. ; AMILY 1: ,, LIV BE FLOOR AREA (SQ FT t85D 850 3,570 . 2;250 ' : .' ' ' ' 2,250 / 10 10 ' 3 3,5 ] 55 /27 27 / PER DWELLING UNIT) ~ ' ~:~-" MAXIMUM PERMITTED U~MCm~U~== ', ' ' i, LOT cOVERAGE' (X) 20 BUILDING HEIGHT (FT) 35 , : " .NUMBER OF STORIES 2V2 : , DISTANCE FROM PORCH TO BLUFF EDGiE~ 56 FT . PORCH TO SEAWARD BULKHEAD~ 76 FT DISTANCE FROM 'NOTE: LOT COVERAGE INCLUDES ~L BUILDINGS ON SITE ' '""' .,N/O/F. RICHARD M CUKO , '~I{~ ~,8 ~20 ' -/'22 : '" ~' / S$OCKARE FENCE 22 OF BANK WO'~KS. '"' S 23'~'~2j 40u , (5~.08': C ~ CM POST& RAIL FE [H.~[M. ~, ~, ' INOOEeORATE~ ; ,'h' ~ -- --: ....... 1~ E ~ ' ' : :, ~ > EXIST ~ ~-, ,:; ,, ,,?: ~ D- I~R T D R' E 4 r HOUSE m :: ,,, ' GRAVEL (,~ , , . . - .tiz~.ti~ '; AREA SC, TM: i 1000~86-07~05 cuRB ' ~ ~ ," ,, ~: O, ' ~ ~ 0 ~r ~ ' , , RESIDENCE ' ~ ~ ~ ~' * ndian N aad - ._ . ,, , , ..... ~ '~ .... -- ', :MF , CMF ST ~ R~L FENCb 0 ' LINE ': ' Pe on,c, NY ...... ' , ~21 ' ~ '" 25 ,~6 5 E 1142.12' ~, ,I ~, ,., , ,, ,,,,, ~ , v ~ ~ ~.,LIMIT OF DEC e' ' ~ ~ ', ,~ ~JACENT ~EA 9707'001 , ~. LIMIT OF TOWN OF SOUTHOLD , ~ ~ TRUSTEES' JURISDICTION SITE PLAN ~ , , ~ REAR YARD, SETBACK - ,85 JOHN T. METZGER I ' ' ' , ' ' .... ' ¢ SOUTHOLD ' ..... OFFICE 0 0 rY e FIRST FgOOR PLAN'~ SCHEME E ENTRY HALL TOILE'T' , , -,ROOM HALL ' ' SCREENED PORCH RUSHIN? M'OTT LE'Y RESIDENCE'"' Indian NeckI IIRo~3d, 'i ' Pe¢onic, Ny FIRST FLOOR' PLAN :r:[:' ' ' :: I : : SCHEME E,, ' '""~ ,SECOND, FLO'O,R' PL~AN - SCHEME, C,L -,, '( ~1 BATHROOM CL CL ? rI BEDROOM 'HROOM .BATHROOM CL ¸CL, BATHROOM :BbDROOM; ',0ou , BEDRC~ ' BRENI',IAN," ,DESIGN ,~-RUSHIN/blO,TTEEY Indian Ne'ck Roa,d'~ Pecqmc NY' g70700~ S-ECOND' ' ' SCHEM,~ E AuGus~ .199'7 , , P,B ,