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HomeMy WebLinkAbout4556/29 '711161 �6 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing h�o�OspFFOI�-Cp� CA x BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION ADOPTED AT REGULAR MEETING OF APRIL 30, 1998 Appl. No. 4556 - THOMAS KEAN PARCEL 1000-4-3-10, 1000-4-2-1, 1000-4-1-1. STREET & LOCALITY: Easterly End of East End Road (sometimes known as Oriental Avenue), Fishers Island DATE OF PUBLIC HEARING: April 16, 1998 FINDINGS OF FACT PROPERTY FACTS/ DESCRIPTION: The property identified as 1000-4-3-10 is located along East End Road, Fishers Island, Town of Southold, along the shore of block Island Sound and West Harbor (a/k/a Fishers Island Sound). The premises contains a total combined area of 9.03 acres, and is referenced in the 1986 deed and survey of the owner -applicant as former "Lots 4A and 4B of Block 12." The February 7, 1986 survey prepared by Chandler Palmer and King shows that the subject premises is improved with single-family dwelling with attached pool addition, separate accessory building labeled "cottage" (the subject building), and an accessory storage shed. The architect for the applicant states that the subject accessory building has been used as for sleeping quarters by guests of the family, with bedroom and bath areas, and that there is no intention in this expansion request to change this accessory use to a dwelling or cottage use. BASIS OF APPEAL: Building Inspector's November 10, 1997 Action of Disapproval which reads as follows: ...application for a permit to construct addition to an existing non -conforming guest cottage is disapproved on the following grounds: An existing building with a nonconforming use shall not be enlarged, altered, extended, reconstructed, or restored... pursuant to Article XXIV, Section 100-241A.... VARIANCE RELIEF REQUESTED BY APPLICANT: The request made by applicant is to expand the existing 484 sq. ft. one-story accessory building which contains bedroom and bath areas, to "gain an extra bedroom and bath and at the same tie update the design in keeping with the main house, Exhibits 5 and 10...." The size of Page 2 - Appl. No. 4556 Re: 1000-4-3-10 (Kean) ZBA Meeting of April 30, 1998 FOR BOARD ACTION. DESCRIBED BELOW: (1) The granting of the area variance will not produce an undesirable change in character of neighborhood or a detriment to nearby properties because there are over nine (9) acres of land area and the building is consistet with the neighborhood. (2) The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance because applicants wants a separate sleeping area for his guests. (3) The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because this project does not entail any change in land or land use. (4) The situation has been self-created. In considering this application, the Board deems this action to be the minimum necessary and adequate, and at the same time preserves and protects the character of the neighborhood, and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Member Horning, seconded by Member Dinizio, it was RESOLVED, to APPROVE the variance as applied for AND SUBJECT TO THE FOLLOWING CONDITIONS: 1. Total floor area of living unit in this accessory building, including the newly extended area where the shed is presently located, shall not exceed the size requested herein. 2. The use and occupancy of this accessory building shall be seasonal and only used by non-paying family members or guests of the resident -family of the premises, and shall be seasonal, from April to November. 3. The accessory building shall not be rented or leased as a separate unit, and shall continue to remain accessory and incidental to the main building. 4. No further expansion of sleeping area shall be permitted. 5. No cooking or kitchen facilities in this building to be permitted. Page 3 - Appl. No. 4556 Re: 1000-4-3-10 (Kean) ZBA Meeting of April 30, 1998 6. This approval permits an expansion of a guest house and as a condition of this approval we require that there be no subdivision of this nine -acre parcel. 7. The right to inspect this seasonal unit as to the above conditions shall be reserved to the ZBA Chairperson and one other ZBA member, prior to the issuance of a new Certificate of Occupancy by the Southold Town Building Inspector for this building. AYES:VOTE OF THE BOARD: N9WRS GOE TORTORA, COLLINS, AND HOj AS400/txtlk/acticns.all/4-3-10 Approved for Filing on 5/7 RECEI FD l"kSTD FIL LD F Erc D rC DATE ECUIR %��/%n Town Cb_ rl<, '2c r:n o' OLK )RK ss: being duly sworn, says that i Coordinator, of the TRAV- a public newspaper printed ilk County; and that the no- nnexed is a printed copy, in said Traveler Watchman -o-' aaVG'Vi.._, ,.;r..... Q� r•... _. -. �,�. E._,._ -.. >r� r ad,',-F:�skhet�`s t..sr nYarg..+fle�dnsau; We , East iid to 1 `�`:;tnr it ; t"�� y t ° � weeks ounty;axe1:1QQ�Q,=xrifrigi •JS• 'xr .P r.This;1is.:�Su"I 't HR�?oni�re c� �t g n the .................... r a.re ues o`?�. '�iencin o ce .basedAi on-: g �- �b Igsuecto�' August 27. e• d' " n"9n°:a ............. 19....... pp rmitte , t�iern. g� tce.of.D�sapprial;isa a%i� setli..E 2' *fto alter 7tistin ;o wliclii:Yes3lii utrec an,g c g a w. this ..........................:'day of .................... ..... ,19....... v........................... :ary Public EARA A. SCHNEIDER PUBLIC, State of New York No. 4806846 ified in Suffolk Coun2Y /_ otE. �"afe"at•. ` � �v�� �•�e~al�o�Y� ;� .�s: ��� �.:�.:b� is .g:o!?zi °aC � ee - �re ,•-_ .;•,; . :,;; of.,3���ursuant,�to.` � . �n�tes.�tG�s,iicz tx. � W i FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N -Y. ,:.NOTICE OF DISAPPROVAL ° DATE: ..Nov,;30,1997....: To Z 6 S- .Contracting Inc._ P 0 Box 202 Fishers Is. NY 06390 PLEASE TAKE NOTICE that your application dated ...... 1997 for permit to construct an addition to an existing non -conforming guest cottage ...._.. ..--__- ............._. at Location of Property ..Bast Ead A4 ................... Fishers Island, ­ HouseNo. :Street Hamlet County Tax: Map No. 1000 - Section ..Q4._•.-.._ . BLOCK .... T! LOT ._... 10....... Subdivision ------------------------------- Filed Map No. ......... Lot No. is returned berevith and disapproved on the following grounds, an_eaistinp _bniidng with a non-conforming.use shall not be enlarged, altered, extended, reconstructed or.restored .., pursuant.to Article %%IV 100-241A. of the Zoning Code of the Town of Southold.Action required by the Zoning Board of Appeals. ................._..--•-..___..._.._....._....................................... I i -._........_ ...............................__...._.-_ . ................._----..._.__._............ --..........-_-._......-'-- _ .. ` D G INSPECTOR 4RV 1/80. -P r" OARD OF HEALTH ......... P,.' t' �✓ .�' _ '. �au-� FORM NO. 1 7. SETSOF PLANS TOWN OF SOUTHOLD SURVEY .................. r; BUILDING DEPARTMENT CHECK ....... _ _ , . , , , , TOWN .'at' SEPTIC F0RN ............. SOUTHOLD, 1\1;'i. 11971 TEL.: 765-1802 t;OTIPY S Examined ... CALL .. - _ _ _ ...... 19 ... - MAIL TO:.. Approved ........ 19". Permit No......... ............ , .....• Disapproved a/ca.." .... _ . ... .. (Building Inspector) APPLICATION FOR BUILDING PERMIT c Date .. _.......::.> 19� INSTRUCTIONS a.' This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public stieets or areas, and giving a detailed description of layout of propert cation. y must be drawn on the diagram which is part of this appli- c. ` The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work. e, No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. - zs;5-t(Signature of applicant, or Vame, if a corporation) .,��,� , r'�sx, , �7a�.„ �sr�rs • ..Z�s/r�• .Jt!J! ;GYr?Fo• (Mailing address of applicant) State wAther applicant is owner, lessee, 'agent, architect; engineer, generai contractor," electrician, plumber or builder. .......... G...- ..................................... Name of owner of premises ........./.hw»ns, ` /✓ hrav/ ............................. (as on the tax roll or latest deed) If applican is a corporation, signature of duly authorized officer. (N e and title of corpo ate of Builder's License No. ..:: Plumber's License No. 5.11:1 , • , Electrician's License No. .. 5. a yr • �, , Other Trade's License No: 1, Location of land on which proposed work will be done. .:..................... House Number : . Street.. 7 Hamlet County Tax Map No. 1000 Section ..:: s_� ........... Block :..3 Subdivision .....:...:. , .... (NNameame)) ..:............ Filed Map No , :. Lot ............... 2: State existing use and occupancy, of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy .. , ' ,ding , , ,; i /... b. Intended use and occupancy , ..1l;- . i/v 3. Nature of work (check which apI.�ble): New Building ....... . Addis a t .......... Alteration 'Repair ........ e ..... Removal ............... Demolition Other Work .............. . • 4. Esti e ........ ....... Fee .... 4a7 -, o (Description) (to be paid on filing this application) 5. If dwelling, number of dwelling units ..... If garage, number of ears Number of dwelling units on each floor ....... _ . . ::.. - 5. If business, commercial or mixed occupancy, specify nature and extent of.each t 7. Dimensions of existing structures, if any: Front e .....`. • of use Rear ............... Depth.......:....... .Height .:.......:....:.. Number of Stories :. e ..::.... . Dimensions of same structure with alterations or additions: Front Depth :.. :. .. . ... .:..... Rear...............,.: ......... I ..... Height .. ....: Number of Stories ............ 8. Dimensions of entire new construction: Front .. Rear ............... Depth Height ..... e Number of Stones .. . 9. Size of lot: Front ......... :Rear Depth ....... 10. Date of Purchase .. Name of Fortner Owner .......................... ............... 11. Zone or use district in which premises are situated .......... 12. Does proposed construction violate any zoning law, ordinance or regulation: . 13. Will lot be regraded ....... .... . ` .. ' :.Will excess fill be removed from premises: Yes No 14. Name of Owner of premises ....... .......... Address , e `.. .......... Phone No...... . Name of Architect ... Address .. Phone No. Name of Contractor ......... .. .......... Address .. Phone No. ...... ....... 15. Is this property within 300 feet of'a tidal wetland? �yeS•_ ,• „ • No ..,•. *If yes, Southold Town Trustees Permit maybe required. PLOT DIAGRAM - Locate clearly and distinctly all buildings, whether existing or proposed, and. indicate all set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or corner lot. 1 t STATE OF NEW YORK, COUNTY OF ................. S./S • • • • • ......... . c ,4"V v. • • • • .• , ...... being duly sworn, deposes and says that lie is the applicant (Name of individual signing contract) above named. He is the ................... ......................................... (Contractor, agent, corporate officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be perfo d in the manner set orth in the application filed therewith. " Swo/blic his y 19 Vota.�..:... ........ County 11ININAs F. B6HFF Y J!i N®Wry Public Slate of New Yor sok. • • • • - . No, assss' (Signature of applicant) ousillieo In Suffolk Cou ty - " Term Expires 12/311;a- - l"OWN OF SOIJ—HIOL[ mic APPEAL FROM DECISIOI-I OF 13UiLI) 7G rldSPEcT%R 121998 APPEAL HO. Pffi DATE ::3X:V�...':.1....L I ro I IE zornrlG tianRD OFnPPEn[S, To�,vn'o �"rNoTrlo, hl Y. I, (W) .. omas...Kean:::...... . ,of ..pri atm••.road... o.f-f..•�ast•.E d...Road-- Narne of Appelrnnt Street and Number- E.isher�..Ss2and ...... .. ......ATS.................1IERFBY APPEAL TO Municipality State IIIE Z.Or1ING BOARD OF APPEALS FROM TI IE DECISION OF THE BUILDIPIG INSPECTOR Oil' APPLICATION FOR PERMIT NO . .................................... DATED .:....1.l./1.Q/.9.7.............................. WI lERF:f3Y THE BUILDING IhISPEC'I-OR DENIED TO 7,--& ...S-..Contrack..Ing..Sn.c............................ hlurne of Applicunt for permit of Num 4.and NY 06390 X...2Hurn........... Y ���-Street and ber MuniciP alit State PERMIi TO USE ( ) PERMIT FOR OCCUPANCY (X) Build an addition on an existing.accessory building 1. LOCATION OF TI -IE PROPERTY.o1.f.-:Eas.t...End..Baad....F.iS11eXS s,land„:;,•,R-120.;. Street✓Ilamlet / Use District on Zoning Map District' 1000 Section 4 Block 3 Lot OCurrent Oviner Th(�ma., gears ..................:..._..__-..- .._.--.._........... , Map'No.-- Lot No. Prior Owner Ely DuPont _ 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section grid porogropl, of the Zoning Ordinance by number. Do not quote the Ordinance.) Article XXTjr Section inn -241A— 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate boX) (X ) A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lack of access (Slote of New York Town Low Chap. 62 Cons. Laws Art, 16 Sec. 280A Subsection 3 4. pRFVIOUS APPEAL. A previous appeal (has) (has riot) been made with respect to Ibis decision of IIle Building Inspector or witli respect to this property, . Such appeal was ( ) request for o special permit ( ) request for o variance and was made in Appeal Flo. ......................... ......Dated...................................................................... REASON FOR APPEAL ( ) A Vorionce to Section 280A Subsection 3 (X) A Variance to the Zoning Ordinance (X) 'hat: the board overrule the findings of the building inspector that the building is a is requested Tor the reason tliat nonconforming use, Or: Grant a variance to allow the addition as -a: Preexisting nonconforming use, wing of the main house,or separate dwelling. We think the building is a legal accessory building with sleeping and bath quarters which can be added:::to under Sections 100-31C & 100-33. Because the building is subordinate to and dependent on the main house for living and cooking facilities -we thin)cAt is misrabeed as a nonconforming use since it has no kitchen. Form 2.111 (Continue on other side) REASOt l FOR APPEAL Cos Nnued n., 1. STRICT APPLICATION OF THE ORneF7dAC CE Id produce practical difficulties or;unneces- soryllARDS111P because The owner would be deprived of the use and enjoyment of his property due to regulations adopted lo' was built that no prevent the modernization and even the use of the structures he boug t;an pays taxes on. Reconfigurations'such as joining theaaccessory building to the main house or separating the buildings on reconfigured lots to create legal separate dwellings would be prohibitively expensive and would not achieve the result the owner would like - The present accessory building with bedrooms just separate from the main house. The current orientation is pleasant and should not be distrubed. The property is used as a summer retreat on a resort island with no hotels. Too few bedrooms limit the family's enjoyment of their property. 2. The hardship created is UNIQUE acid is not shored by all properties alikein the immediate Yicinity of this property and in this use district because The milftland,part.of the property is large (9.08 acres),. There.are.two lots, each of them large expugi? to construct a dwelling. However, the main house is built on both lots' so the property is very large and rather empty. It is set off on a -peninsula type lot where the majority of its borders are with the water. 3. The Variance would observe Ilia spirit of the Ordinance and r WOULD NOT CHANGE THE CI IARACTER OF THE DISTRICT because The impact of the project would be very little. It is unlikely, that neighbors would even,; be aware of any change. This addition on 4.08 acres at the.end of a private road does no harm. Only accidental sightseers or invitedguestswill see the addition which is only visible after one enters the private driveway. .= The new addition looks so perfectly in keeping with the main house that the two will look more like one. A simple expansion of this accessory building would be much less intrusive than; more extensive that might be necessary if this is not built. STA [E OF NEW YORK ss (�49p COUIII iY OF ) . t hu AC9�in Sworn to this .........,... ........ ............day. of.. 4...� ilia cry f Nc Notary PUbtk�, ai Yatk. ` g� y _1 s €�� s No 3i-4.132343" M ,. AAV , ti Cz;..- S ..�6 - TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNED STREET VILLAGE DIST. SUB. LOT y I FORMER OWNER N y E ACR. EJ S W TYPE OF BUILD NG RES, y� L� SEAS. VL FARM COMM. CB. MISC. Mkt, V lue , y e d W&01i•3m LAND IMP, TOTAL DATE REMARKS Ji 1i b t l 6 d b -s- 11 =1_2 13 3co"7 - 1 r?Ydta r�wr l I I W - s` w Is -1 3 1 1 rw is a? 42A -• L_9&4 5 a2qCST ', 99,5,100) S -S=S 8' - ► �tiaulne9/DSPci W,i-�,-�Pr�e'e '..�i�n Ue �. AGE ���"]��" BUILDING CONDITION L Cdf) Poral ,d � �7o ��cYA' / 900, NC' NEW ;�: NORMAL ---1i1 BELOW ABOVE FARM Acre Value Per Acre Value ,_, 1 Tillable 1 Tillable 2 —_ Tillable 3 Woodland Swomplontl FRONTAGE ON WATER Brushland FRONTAGE ON ROAD House Plot DEPTH l a °Mw BULKHEAD Total DOCK t . O�� r _ t f t � aSa COLOR i TRIM 37Z ... .r .-.' E Y L 'V 71 J .W �I M. Bldg,` 3 , Foundation e . u Bath Dinette _T Extension 7 X j'f z / zs Basement 1'*4A 2,; Floors !� f7 /`' K. Extension k e %� G Ext. Walls Interior Finish LR. u Extension O)e =�{r 3 0 _ Fire Place ---A r s� = Heat -H DR. Type Roof f Rooms 1st FloorBR. �A Porch J a", n p D 3 Recreation Roon, Rooms 2nd Floo ,, FIN. B. - Porch �� Z y 2 u a 'f f Dormer Breezeway Driveway pgQtha ^ 1 F 1. 6 _ _. .. O. BGedks ut ;t 2. ; 11,1 oyl. � 6 0 --- - Total DEPARTMENT OF PLANNING Town of Southold Zoning Board of Appeals May 15, 1998 Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) submitted to the Suffolk County Planning Commission is/are considered to be a matter for focal determination as there appears to be no significant county -wide or inter -community impact(s). A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Sievernich, Eleanor Miller, Ruth M Hister, Donald H. ean, Thomas Bendowski, Joseph Mattittick Presbyterian Church Kassner, Robert GGN:cc C:\111 CCIZON INGIZONING%WORKINGILDSIMAY1SD4068.MAY 4068 4550 4555 4556 4558 4561 4562 Very truly yours, Stephen M. Jones Director of Planning S/s Gerald G. Newman Chief Planner LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR ■ P. O. BOX 6 100 ■ (5 1 6) 853-5 190 1 00 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 1 1 788-0099 TELECOPIER (5 1 6) 853-4044 COUNTY OF SUFFOLK MAY 1 9 !� ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE STEPHEN M. JONES, A.I.C.P. DIRECTOR OF PLANNING May 15, 1998 Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) submitted to the Suffolk County Planning Commission is/are considered to be a matter for focal determination as there appears to be no significant county -wide or inter -community impact(s). A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Sievernich, Eleanor Miller, Ruth M Hister, Donald H. ean, Thomas Bendowski, Joseph Mattittick Presbyterian Church Kassner, Robert GGN:cc C:\111 CCIZON INGIZONING%WORKINGILDSIMAY1SD4068.MAY 4068 4550 4555 4556 4558 4561 4562 Very truly yours, Stephen M. Jones Director of Planning S/s Gerald G. Newman Chief Planner LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR ■ P. O. BOX 6 100 ■ (5 1 6) 853-5 190 1 00 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 1 1 788-0099 TELECOPIER (5 1 6) 853-4044 o - z OFFICE OF , BOARD OF APPEALS 53095 Blain. - Road. Southold, NY 11971 (1-516) 765-1809 tel. (1-516) 765-1823 fax Ptn:o=t: to Article XIV of the Suffolk Comity AAninistrative Code, Thz Board of Appeals of the Town of Southold, New York, hereby refers the follo=cr to -the Suffolk Comity Planning Camissim: XX Variance from the Zoning Code, Article X X I V Section 100-241A Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit Appeal No: 4556 Applicant: Thomas Kean Location of Affected Land: East End Road, Fishers Island, NY County Tax Map Item No.: 1000- 4-3-10 Within 500 feet of: Town or Village Boundary Line yy Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area . Existing or Proposed Right -of -Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines, or Within One Mile of a Nuclear Power Plant Within One Mi 1 e. of an Airport Comments: Applicant is requesting permission..to construct an addition to an existing -non -conforming guest cottage Copies of Town file and related documents enclosed for your review. , Dated: av lmq — -- APPEALS BOARD MEMBERS. Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning Susan E. Young, Architect 215 West 88th Street New York, NY 10024 BOARD OF APPEALS TOWN OF SOUTHOLD May 7, 1998 Re: Appl. No. 4555 - Variance ( Kean) Dear Mrs. Young: Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 Please find enclosed a copy of the Board's determination rendered at our April 30, 1998 Special Meeting. We have today furnished the Building Inspector's Office with a copy of the enclosed decision as an update to the November 10, 1997 Notice of Disapproval. You may wish to contact their office directly at 765-1802 regarding the "open" application for a building permit, which must be issued before commencing construction activities Very truly yours, Linda Kowalski Enclosure (1) cc: Building Department, Attn: Ed Forrester Original Filed with Town Clerk's Office 5/7 J YOUNG DESIGN & CONSULTING 215 WEST 88TH STREET, NYC 10024 TEL. & FAX (212) 724-7204 April 8, 199b Gerald F. Goehringer, Chairman Board of Appeals Southold Town Hall 53095 Main Road Southold, NY 11971 Fax: (516) 765-9064 Dear Mr. Goehringer, APR 1 41998 1!! ! (44,A D After examining records and checking with the assessor's office we believe that the lots 4a and 4b on the Feb. 7, 1986 Chandler Palmer & King survey had been merged together as one lot (Lot 4-3-10) before the date of the survey. The assessor's office has reported that the 9.08 parcel was described as one parcel of land in the deed to the present owner, Thomas Kean. And, of course, the 1984 Certificate of Occupancy shows the parcels as one lot. The survey is the only document indicating division of the parcel into two lots whereas all other documents show the parcel as one lot. In light of this research, we confirm that 4a and 4b shown on the survey represent one 9.08 parcel of land and that the line between them is not an indication of any existing division. Sincerely, Susan oung, R.A. 09C,71 -CT Off' BOARD OF .APPP-AI S Somoiol6 myn. Jla T 53o95 _►lain Road- SOZCtFdOi64-_%y 11971 765-.i8og ZD.A tel. 765-9064 ZD A telefax. By Fax Transmission and Regular Mail Ms. Susan Young, Architect Young Design & Consulting 215 West 88th St. New York, NY 10024 Re: Appl . No. 4556 - Thomas Kean Dear Ms. Young: Board Member(s) are requesting information regarding the boundary line drawn through the house and pool areas between Lot Reference Numbers 4A and 4B. Would you please confirm in writing that both 4A and 4B have been merged ' into one single parcel of land, of 9.08+- acres, and that this line is not inteed to show a division of the two parcel references? Thank you. I Very truly yours, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski f L 1 DRIVEWAY -SIDE ELEVATION I I SCALE V4"" = 1"-O"" FEW 1 1 1 WATER -SIDE ELEVATION i SCALE 1/4" = 1"-O" KEAN GUEST HOUSE Albert, Righter, & Tittniann A r c h i t o c t s, I n, c. FISHERS ISLAND, NEW YORK 58 Winter Street A4. Boston. Massachusetts 02108 1 1 0 p e c e m b e r 1 9 9 7 TeL (617)- 451-5740 Fax (617) 451-2309 1 2 SECTION @ BEDROOM #1 east SCALE 1/4" 1"-0" . 1 .. f 1 SECTION @ BEDROOM 42 north I SCALE V4"'= 1'-0" f I I n u r i 1 i. 1. i 3 EAST ELEVATION SCALE 1/4" = P -O"" i Albert, Rightee, & tTsttman n KE��N GUST HOUSE FISHERS ISLAND, NEW YORK 58 winter S tree t A5,1 Boston, Massachusetts 02108 1 0- D e c e Tri b e r 1 9 9 7 TeL (617) 451-5740 Fax (617) 451-2309 I EXISTING HOUSE DEMOLITION PROPOSED CONSTRUCTION I %-111%J1 L-11 I .. " P,P1 'PLAN SCALE: 1/4" ]'-O- Albert, Righter, & Tittmann KE AN GUEST HOUSE A r' c hitec ts, Inc. FISHERS ISLAND, NEW YORK 58 Winter" Street B o s t o n. M as's a c'h u s e t t s 02108 A21 1 0. 1,D e c e m b e r 1 9 9 7 Tel. (617),451-5740 Fax (617) 451-2309 .... ...,: - .. . , EFS - R E- >Z 5 I Sl -A Ia D S 6, o _%1. F� - - - - 6! ._ .- r 130 1.20 a� 9� - _ 1 N84 °38 40 E Re /AIM 0 fj9 `96 SuPFnLIL co. TAY /KAP v 9L0Or 12 V67-047 50 E Lor 4B- N" B-N" *?9- 20 W X30: ro ARE4, ,5.06 -A &9.04 ° Acresb BLOCK 12 Lo r 4A - - - � -RfzOFossr) � Q 73, [?S 's' • APr>IT Io t4 AREA 4.O?tf ' Acres �r 6. . - cqt„�., 9 rao,us g �t1' 2x57 2074.23 , �c'n rn ro�� rny�F- �:/!�l►?�fNTFF 56v P7 69 •� __ ��I - _ _ ' _ _ - pig ]KKRA MRS. T440MAS KLA -.J r FI SNf e..S. l SLA44 r) Nom( 00 - 1 r BOARD OF APPEALS:TOWN OF SOUTHOLD -----------------------------------x In the Matter of the Application of (Name of Applicants) ------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF MAILING AND POSTING I, Susay� E'•YOOK residing at 21S Wes& �$`t� Sve� r N_y . j New York, being duly` sworn, depose and say that: 1) On the l si- day of Apr ` ( , 199S , I personally mailed, by certified mail, return receipt requested, a 'true copy of the attached Legal Notice, addressed to each of the following named persons at the addresses, set opposite their respective names, that the addresses listed below are those shown on the current assess- ment rolls of the Town .of Southold;' that said Notices were mailed at the United States Post Office to each name below certified mail, return receipt requested attach post office receipts here) : Name of Surrounding Property Owner Mailing Address ca. got► I �- VAar51u11 k) 0).4 111 and., 2) On the 4 day of 199'8•, I personally posted the subject property identified as District 1000, Section 4 - 3- 10 , Block . Lot by placing the Town's official poster ten (10) feet, or closer, from the property line facing the street or facing the right-of-way, and that I have checked to be sure the poster has . remained in place for seven full days prior 'to the subject hearing date, which is 199, . Sworn to before me this f� day of Apra 1 1993. . Notary Public (s' ure {44ARSMA t°U16EtI ' Notary Public, State of New York No. 414992378 Oualified in Oueens County Commission ExOse June 3,199 **Please return to the office of the Board of Appeals when completed. (Town Hall hours are 8 - 4 p.m.) Thank you.. § 58-1 NOTICE OF PUBLIC Chapter 58 NOTICE OF PUBLIC § 58-1. Providing notice of public [H[STORY: Adopted by the Town Southold 12-27-1995 as L.L. No. noted where applicable.] § 58-1. Providing notice of public h Whenever the Code calls for a pub shall apply. Upon determining that an the board or commission reviewing th and place for a public hearing thereon.' reviewing an application shall provide f A. By causing a notice giving thi nature of the hearing to be F newspaper within the period pre B. By requiring the applicant to er the town, which shall be promi premises facing each public or property involved in the applica of the application, the nature thereby and the time and plat thereon. The sign shall be set (10) feet from the property 1 displayed for a period of not 11 immediately preceding the dat The applicant or his/her agent s s/he has complied with this prow C. By requiring the applicant to si of record of every property 1 property which is across from ar § 58-1 § 58-1 and of the Town of 1995. Amendments hearing, this section . - pplication is complete, same shall fix a time ie board or commission the giving of notice: time, date, place and blished in the official ribed by law. ;t the sign provided by :ntly displayed on the ivate street which the 3n abuts, giving notice the approval sought of the public hearing ick not more than, ten e. The sign shall be, s than seven (7) days of the public hearing. L11 file an affidavit that nd notice to the owners rhich abuts and every r public or private street SOUTHOLD CQDE § 58-1 from the property included in the application. Such notice shall be made by cer ified mail, . return receipt requested, posied at least seven(7) days prior to the date of the initial public -hearing on the application and addressed to the owners at th addresses listed for them on the local assessment roll. The applicint or agent -shall Me an affidavit that stile has complied with this provision. V Z -039- -69`6 16:81 - US Postal Service Receipt for Certified Mail - No Insurance Coverage Provided. Do not use for Intemational Mail (See reverse) Postage $ Certified Fee Special Delive Restricted D Retum Re oIr JW4 WhomDat 0@livergF- CL Return Receipt S` to• Date, &Addressee's 0 TOTAL Postage &Fees $ € Postmark or Date 0 cr I _ 039 _696 -9.9_0- US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail (See reverse) Sent to " . - . 'L, Certified RestriclAW earlFee Retum Receipt Showing to Whom & Date Delivered Q a Retum Receipt Showing to Whom, Q Date, & Addressee's Address O TOTAL Postage & Fees Is CO Postmark or Date ri Z 11-39 696 9$6 US Postal Service Receipt oreiif C rtfe d Mail L --U-1.'1 1376-''7.x1 "L U-17 b1b. "181'. US Postal Service US Postal Service Receipt for Certified Mail Receipt for Certified Mail No Insurance Coverage Provided. j No Insurance Coverage Provided. j Do not use for Intemational Mail See reverse Do not use for International Mail See rev j Sen to _ S�ntto ` - ask—" Postage $ Certified Fee SpeRS RIJ Restricted MKIMPTEW LID Retum Receipt S t _d. Whom & Date De! a Retum Receipt Shower to Date, & Addressee's A 0 0 TOTAL Postage & Fees, Postmark or Date ri n Street & Num or Post Office, State, & ZIP Code I I 325A0 4&AI CA Postage $ .3 �--� Certified Fee 3 �_ Special Delivery Fee F " Restrict rn Retum Receipt I Whom & Date Deli L n Return Receipt OO Date, & Addressee's ® TOTAL Postage & F W 0 Postmark or Date E 0 tL e7 a. No Insurance Coverage Provided. Do not use for International Mail See reverse Sent to 1101,apan Street & Number 10O .44v� Post Office, State, & ZIP Code 40 CA -.9.1� Postage $ 7% Certifi Special Deliv� Restricted Delivery ox In 0 Retum Receipt Sho i o Whom & Date Deliv C a Retum Receipt Showing to Q Date, &Addressee's Address 0 TOTAL Postage & Fees $ CO Postmark or Date E 0 n n. L --U-1.'1 1376-''7.x1 "L U-17 b1b. "181'. US Postal Service US Postal Service Receipt for Certified Mail Receipt for Certified Mail No Insurance Coverage Provided. j No Insurance Coverage Provided. j Do not use for Intemational Mail See reverse Do not use for International Mail See rev j Sen to _ S�ntto ` - ask—" Postage $ Certified Fee SpeRS RIJ Restricted MKIMPTEW LID Retum Receipt S t _d. Whom & Date De! a Retum Receipt Shower to Date, & Addressee's A 0 0 TOTAL Postage & Fees, Postmark or Date ri n Street & Num or Post Office, State, & ZIP Code I I 325A0 4&AI CA Postage $ .3 �--� Certified Fee 3 �_ Special Delivery Fee F " Restrict rn Retum Receipt I Whom & Date Deli L n Return Receipt OO Date, & Addressee's ® TOTAL Postage & F W 0 Postmark or Date E 0 tL e7 a. (1-516) 765-1809 tel. OFFICE OF BOARD OF APPEALS 53095 Main Road Southold, NY 11971, (1-516) 765-9064 fax. ++++++++++++++++++++++++++++++. m m ".++++++... H n ++++++++++++++++++......+++- March 27, 1998 Re: ZBA Application Hearing Date: Thursday, April 16, 1998 Dear&"UAL For your records, please find enclosed a copy of the Legal Notice which will be published by our office in the next weekly issue of the L. I. Traveler newspaper. Under the requirements of Chapter 58 of Town Law, we are requesting that you send a copy of this Notice with a copy of a sketch or map showing the area involved, at this time by certified mail, return receipt requested, to the all surrounding property owners. Please include your name and telephone number with the mailings. The mailings must be postmarked by 4/2 if possible, and be forwarded to all owners, as listed on the Town Assessment records, of vacant or improved lands across streets and along all boundaries of the subject lot. Please also post the enclosed Poster in the location described by Ch. 58 of the Code (that is, within ten (10) feet of the front property line facing the street, for a period of not less than seven days) . The sign may not be posted later than 4/9. If the sign is torn or removed due to adverse weather conditions, let us know and we will provide another. The Affidavit of Mailing and Posting, with certified mail receipts (postmarked by the post office) attached should be returned not later than the hearing date. The return receipt green, cards should also be returned at the hearing. j Page 2 - Instruction L �r Meeting of April 16, 1998 Southold Town Board of Appeals If you have questions, please feel free to call. Very truly yours, Linda Kowalski Enclosures AS400/1nag.98/app1.1n day of nineteen hundred and eighty—six`' THIS INDENTURE, made the it � �q,� 5-� yea, 3.17BETWEEN REYNOLDS DUPONT, JR., residing at Oriental Avenue (No Number), Fishers Island, New York 0)0,c 00 DISTRICT SECTI0�,! RLOCf� loo 0 E T - �,... LOT 500 ® a r`�' , �' 1 o 0 of the first part, and THOMAS H. KEAN, residing 0c U (j pp� a party a 0 I b Iston, _ New Jersey, 07039 03 00 � ICS _ opo rE D (D (0 1 0 a - _--arc--z-�— J 00 % TRA1�i.SFFR-TAX party of the second part,JF_ �a0 WITNESSETIFI, that the party of the first part; in consideration of TEN ($10.00)x ---------COUNTY I ----------=---------- dollars, L001 ----------------------------77—.--------------------- paid lawful money of the United States, by the party of the second part, does hereby grant and release unto the party of the second part, the heirs, or S goy 0 successors and assigns for the party of the second part forever, V O O ALL thatcertain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying i and being Af=tW- at Fishers Island, in the Town of Southold Suffolk County, New Island, O ff' York, being a ; part of that portion bf Fishers Island heretofore .belonging to Fishers Island Corporation and three small islands lying off that portion (which portion is in prior ctaecls of record called the "Park") , lying easterly of the 'Jj 7- ,6 following line, viZ : BEGINNING at the southeasterly corner of land owned by the United States, ;, :.;;'.`•``.;<' known as the For d.U. Wright Military Reservation, Mount Prospect Tract, on the shore of BlockIsland Sound or the Atlantic Ocean and running thence northerly 6 - following the east boundary- of the said lana of the United States to the southerly line of East End Road, (sometimes called- Oriental Avenue) and which point is the northeasterly corner of land of the United States, thence crossing the East End Road and following the same courses as the last to the shore of West Harbor or Fishers Island Sound; said lots or parcels of land being bounded and described as follows: HOMESITE (Lot No. 4A) and (Lot No. 46) (Block 12); ... BEGINNING at a stony monument set 1284.88 feet north of a point which is 2301.97 feat east of' another monument marking the U.S. Coast and Geodetic Survey Trangulation Station ''Chocomount 2" (which said "Chocomount 2" monument is located on the summit of the highest hill on Fishers Island, New York, about 24 miles west of the easterly Grid of Fishers Island and lies South 79 degrees 29 minutes 46 seconds East of North. Dumpling Light in Fishers Island Sound; and running thence North 63 degrees 48 minutes 30 seconds West 61.33 feet to a monument; thence South s2 degrees 5-2 Msinutes 00 seconds West 137.04 feet to a monument; thence South 69 degrees 41 winutes G0 seconds 'Nest 261.36 feet to a iron pipe marking a point of curve to the right whose radius is 231 feet and the direction of whose* radius at•that point is :•dorth 34 degrees 26 minutes 38 seconds East; thence northwardly, (following the arc of said curve) 251.16 feet to an iron pipe; thence North 54 degrees' 26 minutes 30 'seconds West 208.64 feet to the shore of Fishers Island Sound; thence with the mea riders of said Sound the rollowinq 16 courses and distances. (1) North 48 degrees 22 minutes 10 seconds West 73.05 (2) North 79 degrees 19 minutes ites 20 seconds West 89.04 feet;. (3) North 2 degrees 01 minutes 00 seconds West, 123.48 feet; (4) North 73 degrees 30 minutes X11 40 seconds East, 130.36 feet; (5) South 36 degrees 52 minutes 20 seconds .East, 110 feet; (6) South 73 degrees, 56 rrinute:: 210 seconds East, 68.68 feet; (7) North 87 degrees 47 minutes y0 seconds Last, 130.10 feet; (8) North 59 degrees 47 minutes 10 seconds East, 196.73 feet to a stake; (9) .North 84 degrees 38• minutes 40 seconds East 64.28 feet; (10) Nurth 68 degrees 05 minutes 50 seconds East 104..55 feet; (11) North 19 degrees 01 minutes 40 seconds Cast 61.35 feet; (12) Sq -&.ick ... 7a. d.ectreres 05 ruinutes 50 seconds East 61.68 feet; (13) South 86 degrees 13 RECORDED APR 17 19861 JuLIEiTE A. K!�t`! , ' 1 Clerk of Suffo!r, i;o,:ri:; .es 20 seconds East 106.23 feet; (14) North 78 degrees. 01 minutes 30 seconds ,c 101.20 feet; (15) North: 49 degrees 18 minutes 10 seconds East 65.95 feet; (16) /juth 60 degrees 59 minutes 50 'seconds East 105.19 feet; -thence South one degree .05 minutes 10 seconds 'West' 71.23 feet -to a stake; thence South 25 degrees 42 minutes 00 seconds West' along said lot Block 12 a distance of 458.55 feet to a monument on the northerly line of Orienta? Avenue (East End Road) ; thence South 28 degrees- 57 minutes, 20 seconds West along' Oriental Avenue (East End Road) 74.23 feet, to the monument and the point or place of beginning. Island No. 1 (Lot No. 4C) : An Island (not a Homesite) in Fishers Island Sound, said island being bounded and ,described . as follows: BEGINNING at a stone monument seton the shore of said island, said monument being 1921.05 feet; - north of a point which is 2070.21 feet; east of another monument marking the U.S. Coast. and Geodetic'Survey Triangulation Station "Chocomount 2", (which said !'Chocomount 2" monument is located on the summit of the highest hill on Fishers Island, New York about 2µ miles 'west of the eastern end of Fishers Island and lies .South- 79 degrees 29 minutes- 46 seconds East of North Dumpling Light in Fishers Island Sound) ; and running thence with the meanders of Fishers Island Sound, North- 25 degrees 30 minutes 50 seconds West 123.23 feet; thence North 6 degrees 40 ,minutes 30 seconds West 94.64 feet; - thence North 23 degrees 57 minutes 40 seconds East 29.55 feet; thence South 54 degrees 20 minutes 40 seconds East 56.61 feet; thence South 19 degrees 50 minutes 00 seconds East 64.85 feet; thence South 35 degrees 18 minutes 40 seconds West 58.82 feet; thence South 11 degrees 20 minutes, 00 seconds East 92 feet to the place of beginning. Island No. 2 (Lot No. 4D) An Island (not. a Homesite) in Fishers Island Sound, said island being bounded and described as follows:. BEGINNING at a stone monument set' on the shore of said island said monument being 2058.43 feet, north of a point. which is 2538.'93 feet, east of another monument marking the. U.S. Coast and Geodetic Survey Triangulation Station "Chocomount 211, (which said "Chocomount 211. monument is located on the summit of the highest hill on Fishers Island, New York, ' about 22 miles west of the easterly end of Fishers Island and lies .South 79 degrees 29 minutes 46 seconds East of North Dumpling Light in Fishers Island Sound) ; and running 'thence with the meanders of Fishers Island Sound, North 28 degrees 52 minutes 00 second.s West. 175.66 feet; thence North 11 degrees- 18 minutes- 40 seconds East 122.38 feet; thence North 47 degrees 45 minutes 30 seconds East, 117.52 feet; thence South 60 degrees 37 minutes 10 seconds East 136.56 feet thence South 2 degrees 39 minutes 50 seconds East 43.05 feet; thence South 88 degrees 30 minutes 20 seconds West 115.04 feet; thence South 73 degrees 18 minutes 00 seconds 'West 93.96 feet; thence South 17 degrees 39 minutes 00 seconds West 46.17 feet; thence. South 32 degrees 42 minutes 30 seconds East 129.54 feet; thence South 1 degree 43 minutes. 20 seconds East 59.86 feet to the place of Beginning. Island No. 3 (Lot No. 4E) : An Island (not a Homesite)- in Fishers Island. Sound, ' said island being bounded and described as follows: BEGINNING at a stone monument set on the shore of said island, said�P ... gl�erat being 2547.13 feet east' of a point which is ' 2576*. 26 feet-, - North of another monument marking the 'U.S. Coast and Geodetic Survey Triangulation Station "Chocolpoypt 2!', (which said "Chocomount 2" monument is located on the summit of the highest hill on Fishers Island, New York, about 14 miles wesr of the easter.i end of f=ishers Island. and lies, South 79 degrees 29 minutes 4.6 seconds East of North Dumpling Light.' in Fishers Island Sound) ; and , running thence with the meanders of Fishers Island Sound North 39 degrees 21 minutes 10 seconds East 64.66 feet; thence North 83 degrees 17 minutes 20 seconds East. 136.94 feet; thence South 61 degrees 45 minutes 40 seconds East 61.30 feet; thence South 46 degrees 00 ' minutes 20 seconds West 80.62 feet; thence South 71 degrees 42 minutes 50 seconds West 121.12 feet; thence North 45 'degrees .29 minutes 50 seconds West. 81.32 feet to the place of beginning. BEING and intended to be the same premises conveyed by ELIZABETH GEIST ELY to Reynolds Du Pont, Jr. , the 'party of the first part herein by deed dated September 17, 1984 and recorded in the Suffolk County Clerk's Office on September 21, 1984 in Liber, 9645 of deeds at page 329. x RECORDED APR 17 19864JULIME Suffolk �o my ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Zoning Board of Appeals FROM: Office of the Town Clerk Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 DATE: March 12, 1998 RE: ZONING APPEAL APPL. NO. 4556 - THOMAS KEAN Transmitted herewith is ZONING APPEAL APPL. NO. 4556 - THOMAS KEAN together, with a covering letter dated March 4, 1998 from Susan E. Young, the Notice of Disapproval from the Building Department, the Application for -Building Permit, maps and drawings, Town of Southold Property Card Record, the Certificate of Occupancy dated October 17, 1984, a Certificate of Occupancy dated February 16, 1990, a Certificate of Occupany dated January 12, 1990, 4 photos, the Zoning Board of Appeals' Questionnaire, the Short Environmental Assessment Form, the Applicant Transactional Disclosure Form, the -Building Permit, Survey of Property and a map. Elizabeth A. Neville Southold Town Clerk YOUNG DESIGN & CONSULTING 215 WEST 88TH STREET, NYC 10024 TEL. & FAX (212) 724-7204 March 4,1998 Southold Board of Appeals Town of Southold Town Hall Southold, NY 11971 Re: Kean Appeal Dear Board Members: -----�-; Please find the following documents in this booklet: Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Exhibit 9 Exhibit 10 Exhibit 11 Exhibit 12 Exhibit 13 Exhibit 14 Exhibit 15 Exhibit 16 Sincerely, Su an _. ou Agent for Owner Memorandum (5 f ages) Notice of Disapproval (1 page) Application for Building Permit (2 pages) Appeal from the decision of the Building Inspector (2 pages) Architectural Plans (4 pages) Town of Southold Property Record Card (2 pages,) Certificate of Occupancy 10/17/84 (1 page) Certificate of Occupancy 2/16/90 (1 page) Certificate of Occupancy 1/12/90 (1 page) Photographs of the property (4 pages) ZBA Questionnaire (2 pages) Environmental Assessment Form (1 page) Applicant Transactional Disclosure Form (2 pages) Building Permit 5/1/91 (1 page) — n-CLLL 0l ea -& Survey at transfer from DuPont to Kean (1 page) Survey dated February 7,1986 (1 page) YOUNG DESIGN& CONSULTING 215 WEST 88TH STREET, NYC 10024 TEL, & FAX (212) 724-7204 March 4,1998 Southold Board of Appeals Town of Southold Town Hall Southold, NY 11971 Re: Kean Appeal MEMORANDUM Dear Board Members: Thank you for your consideration. Our application for an addition to an existing accessory building was disapproved on November 12, 1997 citing Article XXIV 100-241A. "An existing building with a non -conforming use shall not be enlarged, altered, extended, reconstructed or restored." (Exhibits 2 & 3) We would like to put an addition on to an existing accessory building the to gain an extra bedroom and bath, and at the same time, update the design in keeping with the main house. (Exhibits 5 & 10) Because we feel our project is reasonable and well within the spirit of the zoning', code, we must respectfully appeal. We ask that the board either reconsider the findings of the building inspector (that the building is a nonconforming use) or grant a variance in accordance with their powers under Section 100-271 (A) &(B). 100-271 Bowers and duties. In addition to such powers as may be conferred upon it by law, the Board of Appeals shall have the following powers: A. Appeals: to hear and decide appeals from and review any order, requirement, decision or determination made by the Building Inspector. B. Variances: Where there are practical difficulties or unnecessary hardships in the was of carrying out the strict letter of these regulations, the Board of Appealo shall have the power to vary or modify the application of such regulations to that the spirit of this chapter shall be observed, public safety and welfare secured and substantial justice done. 2 The following comments are intended to add to the materials we have Submitted to explain our point of view: 1. The building labeled "Cottage" on the Survey of February 7, 1956 io the Subject of our application. (Exhibit 16) The structure is recorded on the Town of Southold Property Record as "Guest House". (Exhibit 6) According to the Certificate of Occupancy it may have been built before 1957. As ouch, whether it is judged conforming or non -conforming, we believe it qualifies as "pre-existing". (Exhibits 6, 15, 16) It has been used continuously over the years to house the overflow of weekend guests and family on during the busy Summer months on this resort island which has no hotels. The configuration of the buildings on our property was not our creation, but represnts the instincts of builders decades ago who could not anticipate the requirements of today's zoning law. We hope that the board will consider this as we continue to use, enjoy and adapt our property to modern needs. 2. Our structure is truly an "accessory building" with sleeping and bath quarters. Although this building has existed for decades it has never before been labeled as a non- conforming use in any building department record. (Exhibits 6, 14, 15, 16) A permit was issued in 1991 for work on this building with no mention of any nonconforming use. (Exhibit 14) The structure is subordinate to and dependent on the main house for cooking and living facilities. There is no kitchen. We do not really want a "dwelling unit" nor do we wish to create one, unless that io the only was we can improve our accessory building. We think our use of this building as accessory sleeping and bath quarters qualifies a "customary use" which is allowed in the single family zone under Section 100- 51 (C). See definitions and relevant sections of the code below: ACCE550RY BUILDING OR STRUCTURE - A building or structure detached from a principal building located on the Same lot as and customarily incidental and Subordinate to the principal building. USE, ACCE550KY - A use customarily incidental and subordinate to the main use on a lot for which either land or Structure io or may be used, occupied or maintained. NONCONFORMING USE - A use, whether of a building, sign or tract of land, or combination of these, legally existing on the effective date of this chapter, which does not conform to the present use regulations of the district which it is located but which io continuously maintained after the effective date of these regulations. 3 100-31. Use regulations. [Amended 3-14-1969 by L.L. No. 3-1989] In A -C, K-80, K-120, K-200 and K-400 Districts, no building or premises Shall be used and no building or part of a building Shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. (1) One family detached dwellings, not to exceed one dwelling on each lot... C. Accessory uses, limited. to the following uses and subject to the conditions listed in Section 100-33 herein: (1) Any customary structures or uses which are customarily incidental to the principal use, except those prohibited by this chapter... 3. We find no other prohibition in the zoning code against our addition as submitted. Yard setbacks are sufficient as per Section 100-33 (B)(4). (See Original Exhibit 16 for scale) the building is less than 18' high as per Section 100-33(A). (See Original Exhibit 5 for scale) Section 100-33 (C) allows accessory buildings in the front yards of waterfront parcelo as long as front yard requirements are met (in this case 60'). If the board agrees that our building is a conforming use, then, by our reading of the code, the board could grant our permit as an appeal of a determination on the building inspector without issuing any variance under Section 100-271 (A). See relevant sections of the code below: 100-33 Accessory buildings. In the Agricultural -Conservation District and Low -Density Residential K-80, K-120, K-200 and K-400 Districts, accessory buildings and structures or other accessory uses shall be located in the required rear yard, subject to the following requirements: A. Such buildings shall not exceed eighteen (18) feet in height. B. Setbacks... (4) On lots containing in excess of seventy-nine thousand nine hundred ninety-nine (79,999) square feet, such buildings shall be set back no less than twenty (20) feet from any lot line. C. In the case of a waterfront parcel, accessory buildings and structures may be located in the front yard, provided that such buildings and structures meet the front -yard setback requirements as set forth by this Code. [Added 12-22-1992 by L.L. No. 33-1992] 4 4. If the board finds that Subject building io a nonconforming use because it io a Second dwelling unit in a single family zone this second lot, please consider the following: One of the unique aspects of this property is that there are two lots. Each lot is of sufficient size for a dwelling unit. The main house rests mostly on one, and just a little on the other lot. Currently neither one of the lots is buildable "as of right" because the main house happens to rest on both lots which places an unnecessary hardship on the landowner. A variance might be granted on the basis of practical difficulty. Due to the size of the two lots and the lack of any impact on neighboring properties, the spirit of the code would not be violated if a variance were granted for a second structure. 5. A variance could be granted on the basis that the property is unique. The relative isolation of this house surrounded largely by water and size of the property assure the lack of any adverse effect on anyone else. (Exhibit 16). In addition, this 9.06 acres of land is situated in a sparsely developed area. In light of these factors we feel this request to expand our accessory building is reasonable. Adjacent land owners would not be adversely affected. Existing buildings are well set back from lot linea. Indeed it would be a shame not to disallow this modernization which would provide comfortable space for two more guests or family members to enjoy this attractive but largely empty land. 6. One of the reasons a property owner would have such a piece of land is to entertain family and friends. On an summer resort island with no hotels, too few bedrooms really does limit the owner's reasonable return on his property in terms of enjoyment and ultimately of use. 7. A final and entirely different way of looking at this project would be to consider this accessory building as part of the main house. It shares utilities and is joined to the main house by a patio. Indeed it would be quite difficult to separate the two. If a lot line were put midway between the them, the side yards would not be sufficient. When the subject structure was built, there was no prohibition against building a bedroom and bath slightly separated from the main house to provide a sleeping area with extra privacy. Disallowing this Separation by labeling the Separated buildings "nonconforming use" is limiting the freedom of architectural design that should be allowed to property owners. Must every house be built as one monolithic mass as if it were to be squeezed on a to a small tact? On larger plots of land, some separation between parts of the house are very natural and traditional and should not be discouraged by zoning law. 5 8. Our house want built exactly to the standards of modern zoning. What builder today would put a house on two lots? In those days "Cottages" or "Guest Houses" were common on larger properties and didn't have to be called "accessory sleeping and bath quarters" to explain what they were used for. None of us have the luxury of simple language anymore in a world of increasingly complex regulations. The bottom line is that our addition is very much in the spirit of the zoning code. It would be attractive on our property, there io ceretainly enough room for it, we would enjoy using it and will do no harm. We hope you can find a way to grant us a permit. Thank you. Sincerely, Susan ou Agent for Owner No 218810 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY Date FEBRUARY 16, 1990 THIS CERTIFIES that the building INGROUND SPA ' Location of Property PRIVATE DRIVE OFF EAST END AVE. FISHERS ISLAND House No. - Street Hamlet County Tax Map No. 1000 Section 004 Block 003 Lot 010 Subdivision Filed Map No. Lot No conforms substantially to the Application for Building Permit heretofore filed in this office dated MARCH 22, 1989 pursuant to which Building'Permit No. 179882 dated APRIL 4, 1989 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is INGROUND SPA AS PER PLANS WITH FENCE. The certificate is issued to THOMAS H. KEAN (owner) of the aforesaid building SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. N085905 PAGE 1 & 2 PLUMBERS,CERTIFICATION'DATED N/A Building Inspector Rev. 1/81 No Z18716 FORM NO. 4 TOWN OF-SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY Date JAN. 12, 1990 THIS CERTIFIES that the building ACCESSORY BUILDING Location of Property EAST END AVE. FISHERS ISLAND House No. Street Hamlet County Tax Map No. 1000 Section 004 Block 003 Lot 010 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated JUNE 12, 1989 pursuant to which Building -Permit No. 18198Z dated JUNE 12, 1989 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is POOL AND SPA EQUIPMENT BUILDING -REMOVE OLD ONE. The certificate is issued to of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A I UNDERWRITERS CERTIFICATE NO. N085953 AUG. 9, 1989 PLUMBERS CERTIFICATION DATED N/A uilding Inspector Rev. 1/81 �' ,� !�', ��• s /'F y /�� .� t � � 1, -- L N 0 0 0 0 y '4 Kean House Looking Northeast From the Driveway Kean House Looking Northwest From the Lawn (The Subject building io the structure in the foreground) � � �� 1 �'' .. t= � ����+ �' 1'� � ��i L � �i I,.� �� ����, .r —�` _ _ � " �._���c .. - -f�'� m x Q Manufactured by JULIUS BLUMBERG, INC. NYC 10013 Cat. # 5106 .Aff QUES=0',RTA ? pr TCATICIT r Lt,G CLJtIer (c) and ar, Cta== .Z.. please disci -se the nai es ';- w-- _n vl Iter�5 �.;-9t__) lr_^gaJ-.;---C--- z duals* (ard est=. _iter-s zs _ �,;bject premisesand a descr e-icn (separate sheet may Ze at- ache^-) Thomas Kean *'he real esua�e S.artA� :cr Is r -he sub j ec r �ses�s �_2 an - { } yes . '. ;-, to pros�eczive buyers? sale or be_:_g Shawn --S+` cs sem' e- ) { x No. (T + Mlea-sa az. Yes a "resa s .L ' . � � Are Jthe {x � y.. . c�r ;,'r y ., a� �a S which S G:. l = ��Y J• %. Are t_^.e-,ae_-� C. �Ce Si:Ce1T1 CR .._e man S•i7 ... ..yam. Ci_7 [IGC - area n� the we.. RCS a- .- j• iseLuala_:d :Ll-' r.,g are=? TTn - � �6 � a_ s we � ° -=:ds or pone. a? � as , r � • - ' C.- _�. ' T " '7CLr a.vii % t::e T Tr�Istees You deter-c�_at_cR o jur'_5:..=:.t_cR? No e__ ratio R near a-ra� Cp _,. is there a dapressica or. _ _ sea or a -ee t above me. y ;,e_CW L1tr prcpased con str,�c:.n a� u _cable state level? Mr% (_= not ap_ 1' F. Are the_'"e awl Pat=cs , CCRCr=te ^a.r=ors ► 'z7L1-'" !-- Wi1ZC i avi ;„ d i2Ct ShC'.ril Cr' t ne SUZ','ey Ia7�uI1 �.-.c:. TCL ..�-- ~T= none el.i st, please stata " none. n S-ah"ni ll-tinS - Nb?��- - - v c.,nstr rcticR taki=ng Z31ace at t. ' s tom•:e G. no you have �__*�is ? No If yes , ease s��: ::it-. a cc^ -T C^.i:CerZ? :1C� VCL:r _'r' 'c.S man GC--:rVe�S�s7tr t -:e Your build-ngvter�•t and :It as = y De^aC Tie^t. I. acne, . please S:. ate. i ,.. ; 3. cc-a:Jr:er lsd own Da you. or any a cc er land c�csz-=-= Ves please elai : w'r�ere 01-c sur -:-c _ carcel? , O deeds. C r �C=C:.S C.^.:di�C ted Please 1_St .,_reset:' us C:.e 'z a_- I ulqi iden '- =Csed use 97-I3 TM"4 — The Town of Sour:=Id. TEli S i LiS — The Board of T-rstaes of t1:Q Town of Scu&---id. [_-Iddeci 6-5-84 by L -L. jo. 6-19841 9""_"-­'-NIrDS [Amended 9 -?6- 5 by LL. No. ?.fig•; o: �_�,. _ So.a- �. i:D :L wE..i.YDS: (11 lI lands e_ rs. ` • ca aro K e" `J .•e o� or Inter.^..:-w.^.L:'J C IY- d :vita. or �.vr,:c. border on. tidal Amtars. or %ands lying beneach ,idyl water-,.waic.s at -own low C; -da are covered by tidal avatars :a a maxi- :rz deft:•: of ive (5) feet, Inci;:ding but not lirr:*.ed to banitis, 'bags. salt marsn. swarra-s, meadows. Sats or. ocder low lying lands subject �, ;;dei action: (2) All banks, bogs. meadows. Sar; and tidal subiect to sucz :ides and c=on :vaicil or ,. ay 9-10Wsome or any of ti:a oilowing. salt nay. black 3='� saltworrs. sea la:•ender, tall bush. cat:.ails, dor .".-ss. hi g:: s-out+CS2.i, = —=''"^UnW aIIC ic, ' (3) �lI Lzad immedia*.eiyac;acezt � a defined in Subsection �(S) and lying Mand as ty-five (75) feet land:va.: g ;vit,'Iin sevea- ed *� . of the most landward 5e of suer a tical %vetla. W 3 FRESHWATER vfE-r, , A YDS: ^es.::vater .veda ids --:s def --ed in Article ?' tle` 1. 2": rJ107• Subdivisions I(a) to I(d) inc ;:sive, of she Ea:•:ronrnental Cans_^•a:ian i_::v of the St,:te Of :few Yore: and (2) All landcc imr'ed:^•� . land. as "'`r}• :td;azc to a "fr:sh;:'acer ::• :- defined in S e c..se_.. n a(I) and Iyin: tvith- yr CdCC of 17.1 fees Ia::d;vard of t.':e TtSL iaad- fre_nn•a:ar wedand.' - The N...S. cnviron.menzal Quaiiz-7 Review act ^_ quizns submission .. c= is zcrm, and an envi=a-m-ental rev=ew will �)eaide 'may tors 0oard tetcre anv action is taken. SHORT MrV'3C::*M-TIAL ASSESSMENT FORM ZVSTRUC':T_CNS: (a) In order to answer the questions in this shcrt ?.A.e _t is assured that the precarer will use Curran tl yavai lable in=w ar at'_on concerning the _roject and ; e 'likely impacts of the action_ is -cc e_xnected that additional studies, research or other investigations will be undertaken. (b) IF any question has been answered Yes the project may be sig- ni=icart and cc=leted 'cnvi=cnmental Assessment Form is necassa_ry. (c) _= all questions have been answered No it is likely that the project is not sign=i^..ant. (d) ?nvironmental Assessment 1. Will project result in a large physical chance to the project site or physically'alter :or �',an 10 acres of '_and? 2. Will there be a major change to any unique ar unusual land :ori on the sit_? _Yrs X10 3. Will project alter or have a large a"ac= cn an axist' zg body of water? _''es Svc 4. Will project have _ ootentialiy large ^_ c= an 5. nil'_ =rojec= si'^_=;can..ly effec= drainaca flow on ac.lacent sites? __X_ No o. Will nroject a_.f_..= anv t`.=eata.^_ed Or end -=are= _Lanz or an4 . 1 st:ecias? _Tes _x_+o 7. Will prajec= result ': a major ad-ye=se e=fac= on ai= cuaL t? Yes NO a. Wi'_l 7rOjeC have a 1a40r effect on V:.sual cnar- ac=ar of - :e cc- .:__may or scenic views or vistas ,<--own to be to the ccrmur._ty? es X NO 4. 'dill _roject ad7ersely.:.pact any site or s =uct- =a of histcric, _ historic, or _alean=icgic_iL importance or anv site designated as a critical envi_r_-mental area by a Local agency? _'es .vp 10. Will project have a major efrect on ex-ist_.c or future recreaticnal opportunities? _Ies X No U. Will prajec= result in major trar21c prcblams or Cause a major er=ect to axistinq transpor=ation sysze=2 _'es )L_Yc 12. Will project regularly cause objectionable odors, - noise, glare, vibration, or electrical dist:_-b- ance as a result cf the project's cperatica? ''es X NO L3_ Will project have any impact on public heal -- or safety?Ivo 14. Will projec= affect the exist_; c ccmmu:._t•� cv d=_act'y causi:c a _owt. in _eraarent _cpula- __ Of Lora tha:i : percent over a cre-year _''`s X Ifo ter'iad ..ave a major ^egat'_ve -==ac= cn c ha:ac=_ c= =a _c=unity or nei cncccd? 13. Ls t= ere nub'___ ,,.,..t=cversy ccn cer-_ :c t.-- _ro;ec=? as y `Ic S4 ,=..r. FROM : YOUNG PHONE NO. : 212 724 7204 MRR. 02 199B 12:02PM P1 t�tt1►tt.�ric�•I•i,t)rtAl. U1':yc:t,p�Ht)lift l'gltM Xotflt NAMR a z d S C �.>ti I R a �,._!! -S- YO C-' _..�--- 1asL ttatoe,WC.lcst: rrtttt►c', it�cicl,l.e iltlLla�, ttrtl.ptre you areap@�.l,yitt5► ).tt l;he nantQ ut r3otrteprte el -!3P_ or oLher vttL.LLY, SlIc" aF a+ c+ (,itlt)attiy,. .Ifea r ► it►r11,c1LP Life �Ll%Pr person'S vr. P0111 >asty' S ttattt0. ) rIA'j"lJttH OLY APPI..Lt AT'I:ON: (C IP17k a t.l. t:lizk; 7'1pk)'1•y • ) Tax r4l.evance Va r lance _ X C hauge of zottsa Approval of plat; tixeentption Prom- p:t.aL• or oCrlcta.l. Map DLher �. (If °O-L-lter," narneLit acLlviLy. ) 1)ct• you peraonax.l.y (ear t.hrouolt your contpatfy, 6;icaW10v siblirIg, p�,rOuL, or cltil_al) btxvo ra relat;iuna+l►fp tuitlt any OrCleer or employee of the 'town or" so"Oloid? "1ttsl:tt:ionBhif►" inci.utIO-A 1)-y b.laori,, maurintle, ar 1)110 11110 *1 twitseratol:. "Buffi.nears i.nLereasb" m0t1110 tx lnasittoatw, itttrluslirtsl .m pazl:ttrratl►flp► ilt vltic h the Lown orf heir or Drip1loyee haS evert a parbi.al oulle rgi%ip of (or emp.l.oynient: by) <a CorpuraL' Loll in Which t ho towel GEEic.eax or employee ovllai Incom t:hall of t:hc+ uharea . X1iS N(D If you answered PY1is," cosuplatea the 1)alance of thin form and d at,e and sign where indicated. Nance of persuii employed by Lhe '1'oWri or SOULhold 'l'iL•le or poeitiotl or that person Describe the ret.at:i,ottsltip between yaurse.If (Lha applicants) and Lhe Lown officer or emplo,yea . t. i Lher attack Lite appropriALe lime A) Lbrcauc)h 1>) and/or describe in Lhe apace provided. The town officer or eitiployev, vk h1s ot: )tPs spvUse, elblitig, parent;, or child is (check all. that; apply) i A) Lite owner of great-er l.ltati X% of H10 $hays$ of L•he corporate stock of i -ho tipplicaul; (when the appl.icattl; is a corporaLivn); 9) the legal or benR[icial owner of any int:eraot in a noncorpuraLe entity (wheat LhP al)p.l loallt .is no L- a Cva:poXaLi:vt1)i C) an. off icer, d iracLor, partner, or eirployde of Lite applicant;) or It) the actual Ott plic.i`tnt>' 7 21" 7204 F� i• i ' i - '1 4 ' r,, N i - i I FDR:24R.,, PI M YORK No. 2 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N. Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) II -Y2 N2 19863 z Date .............. gt ................ �/C, � moi'-�'� Permission is hereby granted to: ... .... ... ... . .. ..... ... to ........ ....... q ............ ... . ..... . ...... ...... .. . ....... ....... ........................................ at premises located at ......... &� ..... ..el �.. .................... . ...... . ............. .... . ....................................................................... ................................................................................................................................................................. County Tax Map No. 1000 Section .//........l.......... --. ......... ly ......... Block .........3........_ ......... Lot No . ...... Le� ........ P pursuant to application dated ......... ..........1. r....-... 19..71, and approved by the Building Inspector. Z;V "� ra, " �/ '-Y Fee$ . ................... Rev. 6/30/80 ........................................................................ . ..... Building Inspector March 4, 1998 To Whom it may concern, The structure that I would like to remodel, has been in continuous use as an accessory sleeping and bath quarters, on busy weekends or as needed, ever since I have owned this property. Yours Truly, March 4, 1998 To Whom it may concern, With this letter, I authorize Susan E. Young of 215 West 88th Street, New York, New York to act as my agent in filing an appeal and represent my general interests before the Southold board of appeals, including attending any necessary public hearing. Miss Young is working with Mr. Tom Shillo of Z&S Contracting Inc., Box 202, Fishers Island New York. The purpose of the appeal is to obtain a permit for the alteration of a cottage on my property. Miss Young in cooperation with Mr. Shillo, also has my permission to obtain on my behalf any other state or local permits necessary to begin construction. Yours Truly NOTE- Coordinate distances are measured from U. S. Coast and Geodetic Survey Triongu/otion Station "CHOCOMOUNT 2" 73030 0 36, �� �\ 0 6 z o 0 w o N N7.9 °/9'201Y �� Ug Yom" N -22 `/0 "W 73.05 GUARANTEED TO 7-109R TITLE GUARANTEE COMPANY AND THOMA,; H.10WIN ACCORDANCE WITH THE MINIMUM STANDARDS FOR TITLE SURVEYS OF THE NEW YORK STATE LAND TITLE ASSOC/AT/ON T/TLE No T/2£'G - 0007 ,67-47'50 "E 0./0 01 N 23 °57'40'£ �l 56.61' 29.55 t i N 83017'20 "E 136.94 S 6/ ° 45'40" E 61.30 N 39 021'10'2-,,-' 64.66 21'10'2-, - 64.66 BLOCK /2 LOT 4E " N 2576.26 i AREA : 0.40 ( S 46°00'20 W Acres 80. 62 E 2547. 13 N 45029'50 "W - 8/.32 ��. S 710 42'50"W 121.12 S 60 °37'/0 "E N 47°4530 "E ✓/ 1 /36.56' 11752' `• ., 8LOCK/2 LOT 4O ~' AREA = 0. 50-4 Acres j �i S 2039'50"E 43.05' N/1°/840E� % /22.36' r ., • S7,3018' 00"01 o S 88 30,20 W 93.96 115. 04 ` S17°39'00 "W 46.17 532042 1 30 "E N 280 52'00 "W \ 129.54' iAll k/.' S /9 050'00 "E 1, l 4C 64.85/75.66 tiN 6 ° 4C'30 "WE�d94.6 59.860 f,„c,�sS35 °/840 W,58.82V N2058.43 N 25°3050W S //°20'00"E "" £2538.93 123.23. 92,00' �E2070.21 _ S70 °05 50'E N /)°0140`£S86°/32p'E N78"01 ZO' �E j0 9018`9 ' IV84 °38'40'£ � � /06.2,3' a - 64.28 N 68° 05'50 "E /04.55 lio ,' �J90�1 ,9673 BLOCK /2 Iron pipe m 0 cr BLOCK /2 �'- LOT 4A �= AREA = 4.02t Acres P Y J J i-onur„rnt a 'h°` �° 261•S� r � �' ►r 6904 1 41 00 S ironpipe cottage '0�sh19d LOT 48 AREA= 5.06 t Acres hh hh/ A S 820 52'00"W monument - 37 pm airon ppe M 28°57 20 " 74.23' N/290. 03 N1284.88 E2/08.8/ £230/.97 1 N68048'30'1 O 0-r 5 IZ � L,0 '05 %O "W 7/.23' PLAN OF PROPERTY TO BE CONVEYED BY REYWOL. DS DUPONT J /0 THOMAS H K�" N BLOCK /2 LOTS 4A, 4B, 40, 4D, 4E FISHERS /SL A ND, NEW YORK SCAL E. / ' = /00 t1: CHANDLER, PAL MEt, O KING F V FESRUARY 7, /9S6 _