HomeMy WebLinkAboutBRAIDER, JOHNJAMES A. SCHONDEBARE
TOWN ATTORNEY
ROBERT H. BERNTSSON
ASSISTANT TOWN ATTORNEY
OFFICE OF THE TOWN ATTORNEY
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 1179
$outhold, New York 11971
TELEPHONE
(516) 765-1939
TO:
FROM:
DATE:
SUBJECT:
Board of Trustees
Robert H. Berntsson, Assistant Town Attorney
March 14, 1988
FLOATING HOMES
Today I received a question from Mr. John Braider. He is
beginning the process of building a home on Gull Pond. He
inquired as to whether he could dock a "houseboat" at his
property during construction of his home. The "houseboat" he is
referring to is basically a house built upon a barge.
Section 32-14 of the Town Code defines a "floating home" as
"any vessel in fa~t used, designed or occupied as a permanent
dwelling unit . " I would make the argument that such a
vessel is designed as a permanent dwelling unit. Section 32-42
prohibits the use or occupancy of a "floating home".
In my opinion, Mr. Braider could not dock this "houseboat"
at his property. Although he says he does not intend to use it
as his residence, I feel the Code prohibits this type of vessel
altogether. Please advise if you have any further information or
knowledge to the contrary.
RRB:cms
NOTICE ~'_ .~
Police Dept. -~Bay Constable
To~n of Sou~thold
Peconic, New York 11958
NOTICE OF VIOLATION
Date: ___~[_a_V 3~'i_~ ..... 8'7
....... , t9--~'--
John ~ ~_~
TO: ....... 75~;;-~;-~J;~XJi;X~-~2~Z-X~-Zzuzzr .......................
Address:- 3~- ~a~ ~. ~.0rt~.0~.r~ P~. ~. J ,oo
(Address of ~5~-~7~5~orized agent of owner) -'
Please ta~e notice there exists a violation of the Code of the
Town Of Southold, Chapter 97 Article---z ........
remov8~ o£
at premises hereinafter described in that ............... ~ .............
~t~in ....... 7D~ of a ~z~az ¥~etiand has occu~
You are therefore directed and ordered to co~ply With the
5~;0~ any 'fu~ther removai and -to reve~etate ~he are~
following: ...... z .....................................................
~ s ~ may
on or before ........... day o'f ................ · 19
8?
The pre_mises to Which this Notice of Violation refers are situated at:
~ll Pond Lane~ ~ C~Peen ~o?'~
.................................................... _Town of $outhold,
Suffolk- County, NL¥. (Suff. County Tax Map Designation: Dist.
Section: ....... -~---Block:--~ ..... Lot:__m ....
Failure to comply with the applicable provisions of the law may
constitute an offense punishable by fine or zmprzsor~nent or both.
NOTICE: You have the right to apply for a hearmng before .the Board
of Trustees of the Town of Southold, provided that y~ou file a written
request with the Clerk of the Trustees within l0 days after service.of
the Notice of Violation. Such request shall'have annexed thereto a
copy of the Notice of Violation upon which a. Hearing is requested and
shall set forth the' reasons why such notice of violation should be
modified or rescinded. /~
........ Bay Constable, ~6wn O{ Southold, NY
TOWN'(~F $OUTHOLO. N.Y.
Of Occ.
~T
Address
~3~q m~,,o ST.
P~ Of Occurrence
TimeOut Time In ~ Fou~ ~r [OClmred BV ~rre~
PDTS 2 - Continuelion Report A~.ached? O Yes
ing O i Shield N~.
orm ~T$1 ' ~j
John L. Braider