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HomeMy WebLinkAbout47227-0 3/�3 a Y APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JULY 28, 1999 Appl. No. 4722 - CHRIS & DENISE HATTON 1000-70-3-8 STREET & LOCALITY: 430 Grigonis Path, Southold DATE OF PUBLIC HEARING: July 22, 1999 FINDINGS OF FACT Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 PROPERTY FACTS/DESCRIPTION: The applicants' property consists of 19,300+- sq. ft. of land area with 143 ft. frontage along the easterly side of Gngonis Path. The property is improved with a single-family dwelling with an existing Accessory Apartment from the former owner -resident's use (Martin Bussanich Appl. No. 4149 issued by the ZBA 2/23/1993). BASIS OF APPLICATION: Special Exception in accordance with provisions of Article IIIA, Section 100-31B(13). REASONS FOR BOARD ACTION, DESCRIBED BELOW: In considering this application, the Board has reviewed the Conditions set forth pursuant to Article III -A, Section 100-31, Subsection B-13 to establish an Accessory Apartment and finds that applicants comply with the requirements for the reasons noted below: 1. The accessory apartment would be located in the principal building. 2. Reverend and Mrs. Hatton, the applicants herein, have submitted a copy of their current deed indicating that they are the owners of the subject property. The deed was recorded June 15, 1998 in the Office of the Suffolk County Clerk. The owners of the existing dwelling plan to occupy one of the dwelling units as their principal dwelling. 3. The existing dwelling contains a total of 2800 sq. ft. of livable floor area and meets the code requirement for 1600 sq. ft. of livable floor area. 4. The accessory apartment meets the code requirement of 450 sq. ft. minimum livable floor area and would contain 1064 sq. ft. of livable floor area. 5. The 1064 sq. ft. accessory apartment comprises 38 percent of the total 2800 sq. ft. livable floor area of the existing dwelling and would not exceed the code required 40 percent maximum allowable for an accessory apartment. ^Page 2 - July 28, 1999 ZBA Appl. No. 4722 - C. and D. Hatton Parcel 1000-70-3-8 at Southold 6. The applicants' plans comply with the on-site parking requirements and provide for a total of four (4) parking spaces, two for the principal use and two for the accessory apartment. 7. The applicant complies with the requirements of a dwelling unit as defined in 100-13 of the zoning code. 8. The plans indicate that the exterior entry to the accessory apartment of the existing one -family dwelling will retain the existing appearance of a one -family dwelling. 9. The existing building has a valid Certificate of Occupancy issued prior to January 1984. 10. Certificate of Occupancy No. Z-22214 was issued March 24, 1993 for a one -family dwelling with accessory apartment as per Zoning Board of Appeals Decision No. 4149. 11. In addition, the Board has reviewed the General Standards governing Special Exception uses set forth in Section 100-263 and finds that: A. The use will not prevent the orderly and reasonable use of adjacent properties in the residential district; B. The use will not prevent the orderly and reasonable use of permitted or legally established uses in the district wherein the proposed use is to be located or of permitted or legally established uses in adjacent use districts; C. The safety, health, welfare, comfort, convenience, and the order of the town will not be adversely affected by the proposed use and its location; D. The proposed use is in harmony with and will promote the general purposes and intent of the code; E. The use is compatible with its surroundings and with the character of the neighborhood and of the community in general, particularly with regarding to visibility, scale and overall appearance. F. The structures, equipment and material will be accessible for emergency protection. The Board has also reviewed other matters to be considered under Section 100-264 and finds that no adverse conditions will result from this authorization. RESOLUTION/ACTION: On motion by Member Tortora, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the Special Exception, as applied for, subject to the provisions of the Page 3 - July 28, 1999 ZBA Appl. No. 4722 - C. and D. Hatton Parcel 1000-70-3-8 at Southold Southold Town Zoning Code pertaining to Accessory Apartments with Owner -Occupancy. VOTE OF THE BOARD: AYES: Ayes: Goehringer, Dinizio, Tortora, Collins. This Resolution was duly ADOPTED (4-0). (Member Horning of Fishers Island was absent.) JAMES INIZIO, JR. CHAIRMAN PRO TEM For Filing about 8/6/99 RECEIVED AND FILED BY THE SOUTHOLD TO IV GLTRK DATE '/%!HOUR 9, oa Awl Town Clerk, Town of Southold FTtC 'M i(livila aaaa ;� STATE OF NEW YORK) )SS: Co NTY OF SUFFOLK) "'man F (A I ( ii of Mattituck, in said linty, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which State annexed is a printed copy, has been regu- tarly published in said Newspaper once each .01-um 01for �g,_ 7 __weeks f s5�ccessively, Somme ci on the day 9f 19 Principal Clerk iworn to before me this !� lay of,we 19 a n H4RY € ANA FOSTER NOTARY PUBLIC, STATE Of NEIN YOM ,;... 140.:52-4655 4 SUFFOLK COWITY 7 ,.» CfY °viiSJfinia 4sYi+' .S.AucuST 31; 19' f Pke-�d'e�5umg tot r oa�vr des s 'eanngs ,�dsnatery1esare�'aY,m7ab ret�e+donng re"`"gular2Tow`HatFIT smelts houas}a( pmkrs-,j(�,pu �dbave gyesnons;'�F e�se$,do �ot�hes i tq'to�ad (Sib}*"7x1804 aked 7ma; 28t9-9 BY0'lDEl2d0'F.,1'EIE,• _ So[7tTHOI.iZ^'OWNj BOABD�OF Ai'YEAI.S GERAR4'p.Ca'pEHRINGERx ' ,8y'Cmda]Cowalslti;' 71764-1TJv1 ' FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT J I� Town Hall Southold, N.Y. /f BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) PERMIT NO. 25443 Z Date DECEMBER 28, 1998 Permission is hereby granted to: CHRIS M & DENISE S HATTON 430 GRIGONIS PATH SOUTHOLD,NY 11971 for REMOVAL OF A GARAGE DOOR & INSTALLATION OF A DOOR & WINDOW IN THE EXISTING OPENING AS APPLIED FOR "AS BUILT". at premises located at 430 GRIGONIS PATH SOUTHOLD County Tax Map No. 473889 Section 070 Block 0003 Lot No. 008 pursuant to application dated NOVEMBER 5 98 and approved by the Building Inspector. Fee $ 75.00 % i Authorize Signat e COPY Rev. 2/19/98 TOWN OF SOUTHOLD, NEW YORK JUN 5 1999 ACCESSORY APARTMENT Town Clerk Souillold APPLICATION FOR SPECIAUTREPTION Application No. Date Filed: TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK: I (We), Chris X.aHatton of 430 Grigonis Path House No. and Street Southold, NY 11971 (Hamlet, State, Zip Code hereby apply, to THE ZONING,BOARD-Of APPEALS for a SPECIAL EXCEPTION in accorda e -with the ZONING ORDINANCE, ARTICLE 100 , SECTION 31 , SUBSECTIONS -] for the below -described property for the following uses and purposes: Accessory apartment .in the existing 1st floor area of house. The Zoning Board of Appeals gave approval for the accessory apartment to the prior owner i.e. Martin Bussanich (Application No. 4149). as shown on the attached plan drawn to scale A. Statement of Ownership and Interest. Chris M. .Hatton is (are) the owner(s) of property d, NY 11971 mouse No., Street, Hamiet) identified on the Suffolk County Tax Maps as District 1000, Section 70 , Block 3 , Lot g , which is (is hbM on a subdivision map (Filed ap of Harvest Homes Estates Section l Filed Map `�0— 5337 �, Lot 1 2 The above-described property was acquired by the owner on 6/15/98 B. The applicant alleges that the approval of this exception would be in harmony with the intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefor in said ordinance and would not be detrimental to property or persons in the neighborhood for the following reasons: Property will remain residential without any. change in the character of the neighborhood, and the apartment will be accessory and secondary to the applicants residence. The Zoning Board gave prior approval of this accessory apartment to the prior owner under application 4149. C. In addition to meeting the standards prescribed by the zoning ordinance, the following requirements will be met: 1. The accessory apartment will be located only in the principal building. 2. The owner of the existing dwelling will occupy one of the dwelling units { as the owner's principal residence. The other dwelling unit which is part of this application shall be leased for year-round occupancy, evidenced by a written lease for a term of one or more years, which will be filed annually. 3. The existing one -family dwelling shall contain not less than sixteen -hundred (1,600) sq. ft. of livable floor area. (continued on page two) a T OF SOUTHOLD 0 jPERTY RECORD CARD OWNER V STREET - .-: VILLAGE DIST. SUB. LOT • a t FO MER OWNER OUQS�atM(144A E ACRS , $ W TYPE OF BUILDING RES. '216 SEAS. VL FARM COMM. CB: MICS. Mkt, Value Qx -LAND IMP. TOTAL DATE �— REMARKS sec 0 _01el 5,00 _a2 a 6 0'1. 078/ a - ; 4 da__ AGE •BUILDING CONDITION T NEW NORMALBELOW ABOVE FARM Acre .Value. P,er Acre Value Tillable FRONTAGE ON WATER Woodland FRONTAGE ON ROAD Meadowland DEPTH HousePI}o a r BULKHEAD Total DOCK TO THIS SURVEY IS A VIOLATION DE YVN" 1209 OF THE NEW YORK STATE LAW,i '' r zl.aaetif' iH15 SURVEY MAP NOTBEARINGSURVEYORS,INKED NN o�.����BEANTRUE SEAL OR NOT BF CONSIDERPD ALID SHA COPY. � a•,/t^�, G GU)�RAWEIS INDICAT D HEREON SHALL RUN / ONLV 70 ' /� / J C.' � �y,�,CH L-} L./ V V r ��/ �� NA THE PEL'SON FOR NMOM. THE SURVEY 1 i15 UE to LO• .y, ON R!5 BEHALF THE C' �� �� »... IMA r ` G ND INSTA GOVERNMENTAL AGENCY AND. NDI G IRSTLTUTION tISTFD HEREON, AND Ar T E ASSIGNEES OF THE LENDING INST6 v o � ON GUARANTEES ARE NOT TRANSFERABLE OwN. - �! JN57lIUTlON$ pR. SUBSEQUENT • OAEILSDITIONAL wE .� �V '' r zl.aaetif' .,f � N � -e �.Ctrrr N 43� < � � 4r`SDs jGudrrrrr�gd 'l: s�iwey J..RHd �5tJ✓ve�/G!'"aK Y r^TY+?Ei'H�+aY'f NSW Y�OYIC 1`� � A t s xi` �"E* " �" vii `' � �P �'pe�eaea.,�+�-�.�s ✓ e`i` a + .X k"d �' ��4pt�'.r,� ... S FROM PHONE NO. : + 430 GRIGONIS PATH, SOUTHOLD, NY 11971 FIRST FLOOR I APT SECOND FLOOR t RES -28ft- -28k- 12 ft den - bath din rm Ilv rm I Ilv rm kitchen 50 ft kitchen ! din rm 3811 ! bath bed bath bed bed bed bed apartment 1064 sq ft den j bath = 336 sq ft ' 1400 sq ft - Total Square fM of House = 2600 sq ft Total Square Feet of Apartment = 1064 aq ft 1400 sq ft Jul. 22 1999 01:04PM P2 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. UPDATED CERTIFICATE OF OCCUPANCY No Z-22214 Date MARCH 24, 1993 THIS CERTIFIES that the building DWELLING Location of Property 430 GRIGIONS PATH SOUTHOLD, N.Y. House No. Street Hamlet County Tax Map No. 1000 Section 70 Block 3 Lot 8 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated APRIL 24, 1972 pursuant to which Building Permit No. 5831-Z dated APRIL 24, 1972 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 ONE FAMILY DWELLING WITH ACCESSORY APARTMENT AS PER ZBA #4149* The certificate is issued to MARTIN & NICOLINS BUSSANICH (owners) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL 9/20/73 - R. Villa UNDERWRITERS CERTIFICATE NO. N-139585 - 1/23/1974 PLUMBERS CERTIFICATION DATED N/A Building Inspector *THIS UPDATED CO Z-7172 DATED 8/13/76 Rev. 1/81 APPEALS B OARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 Appl. No. 4149. BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS SCOTT L. IS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Application of MARTIN.BUSSANICH requesting. a Special Exception for an Accessory Apartment in an existing principal dwelling structure all in accordance with the provisions of Article IIIA, Section 100-30A.2(B-1) and Section 100-31(B-14). The subject premises is located in the R-40 Residential Zone District and is improved with a single-family dwelling constructed prior to January 1, 1984. Property Location: 430 Grigonis Path, Southold, NY; County Tax Map District 1000, Section 70, Block 3, Lot 8; also identified as Lot #8 on the Map of Harvest Homes Estates, Section I. WHEREAS, a public hearing was held on February 23, 1993, at which time those persons who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board made the following Findings of Fact: 1. By this application, appellant is requesting a Special Exception to the Zoning Ordinance, Article III, Section 100-30, Subsection B{14} for permission to establish a new "Accessory Apartment" within the same footprint of the existing principal (dwelling) structure, as more particularly shown on a sketch submitted under this application. . 2. The premises in question is located in the "R-40" Low -Density Residential Zone District and contains 19,300+ - sq. ft.,'with frontage along the easterly 'side of Grigonis Path of 143.00 feet as shown on the September 4, 1973 survey prepared by Roderick VanTuyl, Licensed Land Surveyor. 3. The subject premises is improved with a single-family two-story dwelling structure with garage. The setbacks of the dwelling footprint scales out to be: (a) 41.5 ft. between the foundation and the front property line, exclusive of stoop area; (b) 23+- feet from the northerly side property line; (c) 62+- feet from the rear property line. Page 2 - February L993 Matter of MARTIN BUSSANICH Appl. No. 4149 - Special Exception 4. The area to be occupied as an "Accessory Apartment" is shown to be on the first floor level next to the garage area. The applicant is requesting a livable floor area for the proposed accessory apartment at 971+- sq. ft. The remaining floor area to be retained as the principal single-family residence of the owner will be approximately 60% of the total living area (or 1400+- sq. ft. for the principal unit). 5. Article III, Section 100-30(B) permits the establishment of such use, subject to conditions (a) through (p). It is noted for the record that the principal dwelling use and building was constructed under Building Permit No. 58312 issued April 24,,1972. Certificate of Occupancy #Z5477 was issued September 24, 1973 for a private one -family dwelling. It is the position of the Board Members that all the requirements established by the zoning code for an accessory apartment are being complied with. 6. The zoning code also requires a total of four (4) parking spaces: two parking spaces for the one -family principal use and two parking spaces for the proposed Accessory Apartment. (An available one -car garage would be permitted as one parking space.) 7. In considering this Special Exception application: (a) the Board has given consideration, among other things, to subsections {a} through {p} as provided by Article XXVI, Section 100-264 of the Zoning Code; (b) the Board has determined that the use requested will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts; (c) the Board has determined that the use will not adversely affect the safety, welfare, comfort, convenience or order of the town; (d) the use is in harmony with and will promote the general purposes and intent of zoning. Accordingly, on motion by Mr. Villa, seconded by Mr. Goehringer, it was RESOLVED, that a Special Exception for an "Accessory Apartment" as provided in Article III, Section 100-31(B){14} of the Zoning Code, in the Matter of MR. AND MRS. MARTIN BUSSANICH under Appl. No. 4149, BE AND HEREBY IS APPROVED SUBJECT TO COMPLIANCE WITH SUBSECTIONS (a) through (p) of this provision and as follows: 1. The size of the accessory apartment not exceed 40 percent of the livable floor area of the existing dwelling unit, or 971+- sq. ft. -Pa-ge 3 - February 1993 Matter of MARTIN BOSSANICH Appl. No. 4149 - Special Exception 2. There shall be no outside stairwells for either dwelling unit (only interior stairs for entering or exiting the residence). Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio, Villa and Wilton. This resolution was duly adopted. GERARD P. GOEHRINGER, CHA lk Ref: apartment at 430 Grigonis Path Date: 7-19-99 To Whom It May Concern; As a neighbor of Chris and Denise Hatton, I do not have any objections to the Town of Southold granting the same approval for the apartment as the Town of Southold has granted to the previous owners of the 430 Grigonis path home ( Martino and Nicolina Bussanich ). Signed X Name X Qa G� e r'� Vow l�Ci Jce— Address Southold, New York 11971 Ref: apartment at 430 Grigonis Path Date: 7-19-99 To Whom It May Concern; As a neighbor of Chris and Denise Hatton, I do not have any objections to the Town of Southold granting the same approval for the apartment as the Town of Southold has granted to the previous owners of the 430 Grigonis path home ( Martino and Nicolina Bussanich ). Signed X Name X �,� F�L77 L� • �f�/./� c�/Y� G t 7 T Address Southold, New York 11971 Ref apartment at 430 Grigonis Path Date: 7-19-99 To Whom It May Concern; As a neighbor of Chris and Denise Hatton, I do not have any objections to the Town of Southold granting the same approval for the apartment as the Town of Southold has granted to the previous owners of the 430 Grigonis path home ( Martino and Nicolina Bussanich ). r Signed X Name X Address, (2-0 Southold, New York 11971 Ref: apartment at 430 Grigonis Path Date: 7-19-99 To Whom It May Concern; As a neighbor of Chris and Denise Hatton, I do not have any objections to the Town of Southold granting the same approval for the apartment as the Town of Southold has granted to the previous owners of the 430 Grigonis path home ( Martino and Nicolina Bussanich ). 6 W's.111 Name X 5 /-� 60,4,M Address —�' C— Wl G D A%/S lw-rw Southold, New York 11971 FROM * ** ** :****** PHONE NO. : + Jul. 22 1999 01:04PM P1 Ref: apartment at 430 Grigonis Path Date: 7-19-99 To Whom It May Concern; As a neighbor of Chris and Denise Hatton, t do not have any objections to the Town of Southold granting the same approval for the apartment as the Town of Southold has granted to the previous owners of the 430 Grigonis path home ( Martino and Nicolina Bussanich )_ Signed X Name X _�U 1 , Address / 3,�5 CD.� l� a� �V 3-Ln�l�% b' A-14 Southold, New York 11971 Ref: apartment at 430 Grigonis Path Date: 7-19-99 To Whom It May Concern; As a neighbor of Chris and Denise Hatton, I do not have any objections to the Town of Southold granting the same approval for the apartment as the Town of Southold has granted to the previous owners of the 430 Grigonis path home ( Martino and Nicolina Bussanich ). Signed X Name X Address � IS— (� rof0LI bs 61:1E Southold, New York 11971 .•�''.. �� '- � � _ •- ... __ j ._ • ,.-.. . .� �,..-- Y.at.. '/ > sh 1 w� ,� 1RR"r41; 2Y r,�yki`�ie i ;y � 0 r/M. 5 -1'p P\. S A P Mf`c' M njo1 6- P, Pfi �t-s � C�,-A n4aLv 7,k%2 �-0 s-fGy m z 9 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: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: June 15, 1999 RE: Zoning Appeal No. 4722 - Chris M. Hatton Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-6145 Telephone (516) 765-1800 Transmitted herewith is Zoning Board Of Appeals Application -4722 - Chris M. -Hatton. Also included are Z.B.A. Questionnaires, Applicant Transactional Disclosure Form, Short Environmental Assessment Form, copy of deed, copy of Inspection Report, copy of Building Permit# 25443, copy of Tax Map, Action Of The Board Of Appeals dated February, 1993, copy of Updated Certificate Of Occupany dated March 24, 1993, copy of Survey and sketch of plans. 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: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: June 15, 1999 RE: Zoning Appeal No. 4722 - Chris M. Hatton Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-6145 Telephone (516) 765-1800 Transmitted herewith is Zoning Board Of Appeals Application Franken/VonEiff. Also included are Z.B.A. Questionnaires, Applicant Transactional Disclosure Form, Short Environmental Assessment Form, copy of deed, copy of Inspection Report, copy of Building Permit# 25443, copy of Tax Map, Action Of The Board Of Appeals dated February, 1993, copy of Updated Certificate Of Occupany dated March 24, 1993, copy of Survey and sketch of plans. ` GARY FiANNER OLSEN ATTORNEY AT LAW ASSOCIATE: DAVID WORTHINGTON OLSEN ATTORNEY AT LAW P.O. BOX 706 - MAIN ROAD ■ CUTCHOGUE, LONG ISLAND, NEW YORK 11935 ■ PHONE 516-734-7666 FAX 516-734-7712 June 11, 1999 Re: Bussanich to Hatton Our File # 6422 Dear Linda: I am enclosing herewith the following: 1. Application for "Accessory Apartment." 2. Short Environmental Assessment Form. 3. ZBA Questionnaire. 4. Certificate of Occupancy Z-22214. 5. Copy of current Deed. 6. Seven copies of survey. 7. Seven copies of plans. 8. Copy of Tax Map. 9. Copy of Decision from ZBA No. 414 ranted to Martin Bussanich, prior owner. 10. Filing Fee $400.00. Very tVul& yours, YZ/FIANNER OLSEN GFO:lmk Enclosures Southold Town Zoning Board of Appeals Town Hall - 53095 Main Rd. Southold, NY 11971 Application for Special Exception Page Two (continued) C. 4. The accessory apartment shall contain not less than four -hundred fifty (450) square feet of livable floor area. 5. The accessory apartment shall not exceed forty (40%) percent of livable floor area of the existing dwelling unit. 6. A minimum of three off-street (on-site) parking spaces shall be provided. as shown on the attached plan. 7. Not more than one (1) accessory apartment will be on this parcel. 8. The accessory apartment will meet the requirements of a dwelling unit as defined in Section.100-13 of the Zoning Code. 9. The exterior entry to the accessory apartment hbs not changed the existing exterior appearance of a one -family dwelling.- 10. welling:10. All exterior alterations to the existing building, except for access to the apartment, is made on the existing foundation as shown on the attached plans. 11. I understand that the Certificate of Occupancy will terminate upon the transfer of title or upon the owner ceasing to occupy one of the dwelling units as the owner's principal residence; and that in the event of the owner's demise, the occupant of the accessory -apartment may continue in occupancy until a new owner shall occupy the balance of the dwelling or one (1) year from date of said demise, whichever shall first occur. 12. This conversion shall be subject to inspection of the Building Inspector and Renewal of Certificate of Occupancy annually. 13.. The existing building which is converted to permit this accessory apartment has been in existence and has a valid Certificate of Occupancy issued prior to January 1, 1984, and attached hereto. 14. The existing building, together with this accessory apartment, shall comply with all other requirements of Chapter 100 of the Town Code of the Town of Southold. 15. This conversion for the accessory apartment shall comply with all other rules and regulations of the New York State Construction Code and other applicable codes. D. The property which is the subject of this application is zoned Roo and [ ] has not changed since the issuance of the Certificate of Occupancy attached. [ �] has changed or received additional building permits, and Certificates of Occupancy for these changes are "gnatureo)r 11 be furnished. COUNTY OF SUFFOLK) STATE OF NEW YORK) ss.� Sworn to before me xW' s - 2nd day of June 19 99 y f utri IC GARY FLANNER OLSEN Notary No 020L2959600State of ew York Qualified in Suffolk County / Z B5 2/6/86 Commission Expires March 30, __,_ APPEALS BOARD ME VfBS- Gerard P. Goehrin;er. Chairman Serve Doyen, Jr. James Dinizio, Jr. Robert A. V -111a Lydia A. Tor[ora �oOgUEFO(,{-coG1 � 1 �t y4_1ol BOARD OF APPEALS TOWN OF SOUTHOLD QUESTIONNAIRE Southold Town hall 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Accasscrr Araz-=ent or Bed and Brea .fast with Cwner-Ocruvancy Names of Individuals or Paries Having an Iate_xres t in the Sub j ec = Premises and a desc:. i pt on a� their _nte_-res is : N -me c= the Appy cant (s) and ^..mss/ger Res=deuce: Names of Car_ent 'Residents/Cc=a`ts oy the Subject ?remises: C.L:_e^-t Cccupanzs =•.r_: (please cheer-. one or more boxes) Tenants with Wri _-tan Lease { X } Tenants wl tZou t Written Lease {. } Ccnt=act Jendees { } proposed CcVzPants/Residents under the Subject Amnl cation { } Residents NOTE: 3v not checking one or more of the above, t is assumed twat the cursant Cccupants are not tanants with a written or With -cut a writ -tan lease, are not cuz=anz owners, are -act ccntracz vendees, are aez Prcmcsed Cc=_pants/Residen=w under the Subject ApnLcat- an, and/cr have a d =aranz resJ-dence- =s the subject premises 4szed on the real asmate ma=.'<et f= Vi sale c n siLcwn, to prospectitTe buyers? { } Yes kuz cri:ndv ~e 'anc -ata Cc Siena �.� 765-1802 BUILDING DEPT. INSPECTION [ ]FOUNDATION IST [ ]ROUGH PLBG. [ ]FOUNDATION 2ND[ ] IN ULATION [ ] FRAMING I FINAL [ ]FIREPLACE 8 CHIMNEY REMARKS: �• e��-^ �-PC 1 DATE INSPECT R Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 S%AFFOQ a� y` 0 C4 Z oy �Ol ' 9 BUILDING DEPARTMENT TOWN OF SOUTHOLD March 4, 1999 Chris M. & Denise S. Hatton 430 Grigonis Path Southold, N.Y. 11971 Fax(516)765-1823 Telephone (516) 765-1802 Re: Premises @ 430 Grigonis Path, Southold, N.Y. Building Permit #25443-Z SUff. Co. Tax Map #1000-70-3-8 Dear Mr. & Mrs. Hatton: Please be advised that according to the Code of the Town of Southold, the above dwelling has lost it's use for an accessory apartment. A new application for a Special Exception through the Zoning Board of Appeals is required. You may call the Zoning Board of Appeals at 765-1809. On December 28, 1998, Building Permit #25443-Z was issued for an alteration to an existing garage "As Built". The renovation to the garage may be contingent on Zoning Board of Appeals decision. If we can be of any further assistance please do not hesitate to contact this office. Very truly yours, SOUTHOLD TOWN BUILDING DEPT. Edward J. Forrester, Director of Code Enforcement EJF:gar cc to: Gary Olsen, Atty FORM NO. 3 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) PERMIT NO. 25443 Z Date DECEMBER 28, 1998 Permission is hereby granted to: CHRIS M & DENISE S HATTON 430 GRIGONIS PATH SOUTHOLD,NY 11971 for : REMOVAL OF A GARAGE DOOR & INSTALLATION OF A DOOR & WINDOW IN THE EXISTING OPENING AS APPLIED FOR "AS BUILT". at premises located at 430 GRIGONIS PATH SOUTHOLD County Tax Map No. 473889 Section 070 Block 0003 Lot No. 008 pursuant to application dated NOVEMBER Building Inspector. Fee $ 75.00 Rev. 2/19/98 5 1998 and approved by the ORIGINAL Authorized ignatur 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.) Chris M. Hatton B. Is the subject premises listed on the real estate market for sale or being shown to prospective buyers? ( } Yes (Ly I No. (If Yes, please attach copy of "conditions" of sale.) C. Are there any proposals to change or alter land contours? ( } Yes (®Q} No D. 1. Are there any areas which contain wetland grasses?No 2. Are the wetland areas shown on the map submitted with this application? No 3. Is the property bulkheaded between the wetlands area and the upland building area? No 4. If your property contains wetlands or pond areas, have You contacted the Office of the Town Trustees for its determination of jurisdiction? No E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? 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? Yes If yes, please submit a co of your building permit and as ma a Py P 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 One family residence with accessory apartment and proposed se One farm y rest ence wi acces t Auth6rized signature 3/87, 10/901k June 2, 1999 to FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. UPDATED CERTIFICATE OF OCCUPANCY No Z-22214 Date MARCH 24, 1993 THIS CERTIFIES that the building DWELLING Location of Property 430 GRIGIONS PATH SOUTHOLD, N.Y. House No. Street Hamlet County Tax Map No. 1000 Section 70 Block 3 Lot 8 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated APRIL 24, 1972 pursuant to which Building Permit No. 5831-Z dated APRIL 24, 1972 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 ONE FAMILY DWELLING WITH ACCESSORY APARTMENT AS PER ZBA #4149* The certificate is issued to MARTIN & NICOLINS BUSSANICH (owners) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL 9/20/73 - R. Villa UNDERWRITERS CERTIFICATE NO. N-139585 - 1/23/1974 PLUMBERS CERTIFICATION DATED N/A Building Inspector *THIS UPDATED CO Z-7172 DATED 8/13/76 Rev. 1/81"';""� : The N.Y.S. Environmental Qualit7 Review ,ct recuires submission of this fc=,, and an env•r- nmencal review will Le mdae Ly tnis Loar^- before any action is taken. SHORT E =.^,OLNMENTAL ASSESSM-NT =Or,L! _TVSTRUC"-_TO;TS : (a) T-11—order to answer the questions in this short EAF it is assumed that the preparer will use currently available in'or-�ation concerning the project and the likely i pacts of e action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If anv auestien as been answered Yes the project may be sig- nificant and =mn eted Environmental Assessment ?crm is necessary. (c) If all questions ^ave been answered No it is likely that the project is not significant. (d) Envirc:aental Assessment 1. Will project result in a large physical change to the project site or physically'alter more % than 10 acres of land? :es VO 2. Will there be a major change to any unicue or unusual land '_p_ -n an the site? _Yes - Vo 3. Will project alt_- or have a Large effect on an existing bc--:-, of water? —Yes gVo 4, will project :ave a potentially large impact on grcur_dwater quality? Yes % No 5. Will project 5_cni=icant_y effect drainage `low on _decent sites? yes % `10 6• W-111rroject 3__- endangered any threatened cr endand .% plan t ,,., ani -al species? Yes _`do 7. Will project result in a major adverse effect on % a-1- ality? Yes VO 8. Will _roject have a major affect on visual char- aczer of the c-nunity or scenic views or vistas % known to be -- _tans to the community? Yes No 9. Will project ac7ersely impact any site or struct- ure of historic, ore -historic, or paleontological imporzance or any site designated as a critical % envirc,Imental area by a local agency? _Yes vo 10. Will project have a major effect on existing or futare recreational opportunities? —Yes gVo 11. Will project result in major traffic problems or cause a major affect to existing transportation % systems? _Yes no 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- % ance as a result of the project's oneraz=on? _Yes X10 13. will project have any impact on public health or sa=ety? _Yes % No 14. Will project affect the existing communit-r by direct'_✓ causing a growth in permanenz popula- tic^ of more 5 percent over a one-year Yes X No per'_cd or have ^a^ma],cr negative effect on the — Cnaract oe t.._ c.mmunity or nein _"oncccd? _f. a =.._-e pub:- - ::na% re _ / 6/11/99 APPLICANT TRANSACTIONAL DISCLOSURE FORH The Town of Southold's Code of Ethics prohibits conflicts_ interest on the part of town officers and employees. 'The_ purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAMR: C\\ ris M. Hatton (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, ind.ic-nt-e the other person's or company's name.) NATURE OF APPLICATION: (Check all l;hat apply.) Tax grievance variarice Change of zone Approval of plat Exemption from p. at or official 011ier. (If "Other," name the activity.) map Special Exception for accessory apartment Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest_ "Ilusiness interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares.. X YES NO If you answered "YES,". complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicant) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or iiis or her spouse, sibling, parent, or child is (check all that appl.y)r A) the owner of greater than 5% of the shares of the corporate stock or the applicant (when the applicant; is a corporation); B) the legal or beneficial owner or any interest in a noncorporate.entity (when the applicant is not a corporation); C) an officer, direcl,•or, partner, or employee of the applicant-; or D) the actual applicant. DESCRIPTION OF RELA.TTONS111P Submit ted U11 2nd ay o f June 199 9 Signature I'r 1 n 1; name Chris M. Hatton Tax Map Designation Dist. 1000 Sec. 070.00 Blk. 03.00 Lot(s) 008.000 FORM 26/33 -BSD (8195) PAuc i OF 2 Bargain and Sale Deed with Covenant against Grantor's Acts Individual or Corporation (Single Shut) CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT -- THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY THIS INDENTURE, made the15th BETWEEN MARTINO BUSSANICH and NICOLINA BUSSANICH, his wife, residing at 430 Grigonis Path, Southold, New York 11971 day of June , nineteen hundred and ninety eight party of the first part, and CHRI&i�TTON and DENISE S. HATTON, as husband and wife, residing at 31 Wilton Road, Greenfield Center, New York 12833 party of the second part, WITNESSETH, that the party of the first part, in consideration of Ten Dollars and other valuable consideration 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 forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being BENZ at Southold, Town of Southold, County of Suffolk and State of New York, known and designated as Lot No. 2 as shown on a certain map entitled, "Map of Harvest Homes Estates, Section One, Southold, Suffolk County, New York, owned and developed by Mary J. Grigonis, survey completed December 16, 1968 by Van Tuyl and Son, filed in the Office of the Clerk of the County of Suffolk on July 18, 1969 under File No. 5337. BEING AND INTENDED TO BE the same premises conveyed to grantors by deed dated 10/19/71 recorded 12/31/71 in Liber 7066 cp 453. THE GRANTORS herein being the same persons as the named Grantees in deed recorded in Liber 7066 cp 453. 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 all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party'of the first part has not done or suffered anything whereby the said premises have been incumbered in any way whatever, except as aforesaid. AND the party of the fust 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 nrzt`year first above written. IN PRESENCE O V Cur Z/ MARTINO BUSSANICH Ji NICOLINA BUSSANICH PAGE 2 OF 2 State of New York, County of SUFFOLK ) ss.: 15th On the day of June , 19 9$ before me personally came MARTINO BUSSANICH and NICOLINA BUSSANICH to me known to be the individuals described in and who executed the foregoing instrument, and acknowledged that the y executed the same. Notary NOTAR IC ~ Qua' Com.missi State of New York, County of ) ss.: On the day of , 19 , before me personally came to me known, who being by me duly sworn, did depose and say that he resides at No. that he is the of the corporation described in and which executed the foregoing instrument; that by order of the Board of Directors of said corporation he signed h name. WITH COVENANT AGAINST GRANTOR's ACTS TITLE No. BUSSANICH TO HATTON F FIDELITY NATIONAL TITLE NSURANCE COMPANY OF NY INCORPORATED 1928 C Alirec ve me Fidelity .QJr�resrce% Member New 3'ork Stare Land Title Association State of New York, County of ) ss.: On the day of '19 , before me personally came to me known to be the individual described in and who executed die foregoing instrument, and acknowledged that he executed the same. AREN J. HAGEN ublic, State of New York No.4927029 Pied in Suffolk County !f7> -Z, In Expires Nlarch 21, le— State of New York, County of ) ss.. On the day of 19 , before me personally came the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. that he knows to be the individual described in and who executed the foregoing instrument; that he, said subscribing witness, was present and saw execute the same; and that he, said witness, at the same time subscribed h name as witness thereto. DISTRICT 1000 SECTION 99:88 BLOCK LOT 008.000 COUNTY OR TowN of Southold RECORDED AT REQUEST OF Fidelity National Title Insurance Com any of New York RETURN BY MAIL TO: FRON : +-,t t p .3..},'t t f -,r PHO, E t IC, . - March 4, 1999 X.. A V-1 —A tlatlh - ,• I Co. Tax lv--,ap #1000-70-3-6 36.r 91�1, 144:10:01:�Alo D, f e. I t h e na crt t, v i I Li I- g an P, Z:4 T. Yl 0 Ce roar" of t VbrV L-Yulv yoei DEPT, Edward Dirac -l -or EJP: gar de -,c -e 0" + �c, 4, -d, -c y az� -A /Yr. /k, 5/-s- FF'Jf'1 # i i fi + i .• ; .# + + i `r=HO� !E 10. * YOM NO, 4 TOWN OF SOUTHOLD %L; -LE,ING 173a FAitTMENT OffIcO of °_lay' l3u.ildi.ng Inspector Town Hall 8ou old, N.Y. UPDATED CERT E r ICA t=E OF OC'C U PANWIV No Dat- e MARLEi 24 i`?T, r��i= 7 . "I' I", '_.'a L'i7 : il' 3 i 1 :.;! - t)�(IL,E y T- - -"'- -' `>r} <=�; r i° .��: - r't ` � 5•�iJc ti��� 1_=s;�L1�� 1 #�.a ii _ _ - ��j°_` i,�ii:'l..i� �' a _ i§i ci±4f.J 'm["xS :;"31:.r N.C. h0Qr ��_CT,.l.r,r:- -7, CC ...._....."�!_._ �.�...�,...._.� 7 i. ssilitiro ii_•� cubf-'-71�:: itsI i" L:� uhf, �t�)"3�.�i_':7'-:a r -I x%Y �;.<.a. J. t.ln ing o_",, A-�R- i 24 '19? nI'_:,.rynt to w1lirh 3Lr ti j°1;,.. y'.,,•f0!"D F, Y i l hro tP-= T.'%t, _�}r'Cei-'i:'ti .'! ` ,. rtl+�,is�I.•.=�, w el'}I r; i . :12 . '.-,::..: :: x?�?s- ri 1�ELaI_,.a°!lam l`i� Iry >3 �i4 !�_. fir! sr•sy,� tea: t-�.� _«r. �+ ` i � j .. _ `:i,',r�`?;T'`: 1`,`_ .2'A" .. ii1.r`r'_i ij'ri`vi,—y_-`%t'�;.�.' ;-,t-; _.. ., Y.:,.l % Tf..�`�`. 7.'Y.F'ea�,�r•��, -i y-�iy#'%.�P eriPs li�`!_'�.z,__-,.,.=�..c-_��-o._.�=.,h=r1 �_.___.... -- ----�.. __.-.-.-. U Tv r Proper -T Permit Services POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935-0617 Senior Building Inspector Building Department Town of Southold Town Hall, 53095 Main Road Southold, New York 11971 rJUL ® 71999 1 rtr 1,� July 5, 1999 Re: Application for David Cichanowicz, SCTM #1000-85-3-10.2 Dear Sir: )734-5800 Attached is an application for the approval of a minor subdivision of the property of David Ci- chanowicz. He proposes to subdivide the existing lot referenced above into four smaller lots, of which two (Lots #1 and #2) do not meet the minimum area requirements for the A -C District. The development rights for Lot #3 have been transferred. It is presumed that a variance from the Zoning Regulations will be required, and the purpose of this application is to obtain the necessary disapproval from your office. Please note that a similar application was filed on 10/30/95 and a disapproval was issued by the Building Department. Enclosures: Application Form Application Fee ($25) Survey (Lewandowski, 6/28/99) cc_IVis- Lt da Kowalski; ZBA a subsidiary of THE PECONIC EASTERN CORPORATION NOTICE OF PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, JULY 229 1999 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following application will be held for public hearing by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, JULY 22, 1999 at the time noted below (or as soon thereafter as possible): 7:10 p.m. Appl. No. 4722 - CHRIS and DENISE HATTON. This is a request by the applicants -owners of the existing single-family dwelling for approval of an Accessory Apartment, by Special Exception as provided under Article IIIA, Section 100-30A.2(B1), and Article III, Section 100- 31(613) as an accessory to their principal residence at 430 Grigonis Path, Southold, NY; County Parcel No. 1000-70-3-8; also identified as Lot #8 on the Map of Harvest Homes Estates, Section I. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above application or to submit written statements before concluding the hearing. Each hearing will not start earlier than designated. Files are available for review during regular Town Hall business hours (8-4 p.m.). If you have questions, please do not hesitate to call (516) 765-1809. Dated: June 28, 1999. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski 6. jZ.�Zo I. ZONING BOARD OF APPEALS TOWN OF SOUTIIOLD:NEW YORK --------------------------------------- x � In the Matter of the Application of Chris M. Hatton (Names of Applicants) Parcel ID #1000- 070 - 0003 -008 ------------------------------------------- x COUNTY OF SUFFOLK) STATE OF NEW YORK) 1, Lorraine Klopfer JUL 2-01999 I�I� V u AFFIDAVIT OF MAILINGS residing at Delmar Drive, Laurel , New York, being duly sworn, depose and say that: On the 8th day of July. , 19 99 , I personally mailed at the United States Post Office in Cutchogue , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached. Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the (X) Assessors, or () County :testi i Coperty Office Town of Southold ,for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. Sworn to before me this 19t1ti f July , 19 99 (Notary Public) `-00 �._/.�_ DAVID W►. OLSM Public. State of NeM Va* No. 02OL6020974 Qualified in Suffolk slon , , a"�'01 PLEASE list, on Ilse buck of this Alfsd(wit or on a sheet of paper, lite lot iutmbers next to the owner names and addresses for which notices were nsaileil Thank you. NOTIFIED ADJOINING LANDOWNERS Tax Map # Name and address 1000-70-3-3 Scott R. Foglia 1325 Oaklawn Ave. Southold, NY 11971 1000-70-3-4 Anne D. Leverich 1475 Oaklawn Ave J P.O. Box 1172 Southold, NY 11971 1000-70-3-7 Mr. and Mrs.Robert Vanbourgondien 580 Grigonis Path J Southold, NY 11971 1000-70-3-9 Charles R. Vanduzer P.O. Box 267 Parkway Drive Southold, NY 11971 1000-70-3-10 Mr. and Mrs. Joseph Conrady 1380 Jockey Creek Drive / Southold, NY 11971 d ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK ----------------------------------------- x In the Matter of the Application of Chris M. Hatton (Name of Applicant) Regarding Posting of Sign upon Applicant's Land Identified as 1000-070 -0003 -008 ---------- --------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING I, Chris M. Hatton residing at 430 Grigonis Path, Southold , New York, being duly sworn, depose and say that: On the 7th day of July ,1999 , I personally placed the Town's official Poster, with the date of hearing and nature of my application, in a secure position upon my property, located ten (10) feet or closer from the street or right-of- way - facing the street or facing each street or right-of-way abutting this property;* and that I hereby confirm that the Poster has remained in place for- seven days prior to the date of the subject hearing date, which hear'' to ash n to be July 22, 1999 (Signature Sworn to before me this 19th day of July , 19 99 DAVID W. OLSEN Notary Public, State of New York (Notary Public) No. 020L602Qualified in Suffolkk Co County � I COMMission Expires March 8, 20 *near the entrance or driveway entrance of my property, as the area most visible to passersby. GARY FLANNER OLSE., ATTORNEY AT LAW ASSOCIATE: DAVID WORTHINGTON OLSEN ATTORNEY AT LAW P.O. BOX 706 • MAIN ROAD ■ CUTCHOGUE, LONG ISLAND, NEW YORK 11935 ■ PHONE 516-734-7666 FAX 516-734-7712 July 19,1999 Re: Hatton Our file #6761 Dear Linda, Enclosed please find green cards from theo t Office, Affidavit of Mailing and a Affidavit of P sti g. Very/ tr,.1/y yours, R OLSEN, ESQ. GFO:lmk Enclosures Southold Town Zoning Board of Appeal Main Road Southold, NY 11971 Attn: Linda Z 531 447 517 US' a�rvice Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail See reverse Sent to Anne D. Leverich Oalawn Ave . , p.0. 11 2 Post Office, State, & ZIP Code Southold NY 11 Postage $ '63 Certified Fee Special Delivery Fee Z RestrictedDeliverygG LO rn RetumReceiplShq ng to Wham & Date-oelivered I a Retum Receipt ShMn j Q Date, & Addres$ees Ad re i 0TOTAL Postage &Fees Postmark or Date' -,, LL U) o_ L/ CUTCHOGUE, LONG ISLAND, NEW YORK 11935 • PHONE 516-734-7666 FAX 516-734-7712 find the mailing receipts in re the above matter. As soon as I receive the green cards I will mail same to you. GFO:lmk Enclosure Zoning Board of Appeals 53095 Main Rd. Southold, NY 11971 Attn: Linda Very truly yours, July 9, 1999 Re: Chris Hatton - Waiver of Merger Our file 6761 find the mailing receipts in re the above matter. As soon as I receive the green cards I will mail same to you. GFO:lmk Enclosure Zoning Board of Appeals 53095 Main Rd. Southold, NY 11971 Attn: Linda Very truly yours, �, {' tC E.Q.C. - t-tk-� T f-i'r NOTICE OF HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York, concerning this property. OWNER(S) OF RECORD: C,"J.s 4A-T*ro tt,.j DATE OF PUBLIC HEARING: ?Naps., �SuLrc-PZ. i�99 7�lOrm If you have an interest in this project, you are invited to view the Town file(s) which are available for inspection prior to the day of the hearing durinq normal business days between the hours of 8 a.m. and BOARD OF APPEALS •TOWN OF SOUTHOLD e (516) 765-1809 4 3o G aoN1s Pn-r+F , SouTl4oLb OFFICE OF ZONING BOARD OFAPPEAL5 53095 Main Road 5outhold, NY 11971 (516) 765-1809 fax 765-9064 June 25, 1999 Re: Chapter 58 — Public Notice for Thursday, July 22, 1999 Hearing Dear Applicant: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Suffolk Times. Pursuant to Chapter 58 of the Southold Town Code (copy enclosed), formal notice of your application and hearing must be mailed and shall include a map or sketch showing the new location with the setbacks and use noted. Send this Notice CERTIFIED MAIL, RETURN RECEIPT REQUESTED, as soon as possible, with the map to all owners of land (vacant or improved) surrounding yours, including land across any street or right-of-way that borders your property. Use the current addresses shown on the assessment rolls maintained by the Town Assessors' Office (765-1937) or the County Real Property Office in Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. Please submit your Affidavit of Mailing to us by the Friday before the hearing date, with the post office receipts postmarked. Later, when the green signature cards are returned to you by the Post Office, please mail or deliver them to us. If any signature card is not returned, please advise the Board at the hearing. You must post the enclosed sign no later than 7/14/99. Post the sign facing the street, no more than 10 feet from your front property line bordering the street. (If you border more than one street or roadway, a sign is enclosed for the front yard facing each one.) The sign(s) must remain in place for at least seven (7) days, and if possible, should remain posted through the day of the hearing. If you need a replacement sign, please contact us. After the signs have been in place for seven (7) days, please submit your Affidavit of Posting to us for the permanent file. If you do not meet the deadlines stated in this letter, please contact us promptly. It may be necessary to cancel your hearing if the required steps are not followed. Thank you for your cooperation. Very truly yours, ZBA Office Enclosures APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 Appl. No. 4149. BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS .file 7, SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Application of MARTIN.BUSSANICH requesting a Special Exception for an Accessory Apartment in an existing principal dwelling structure all in accordance with the provisions of Article IIIA, Section 100-30A.2(B-1) and Section 100-31(B-14). The subject premises is located in the R-40 Residential Zone District and is improved with a single-family dwelling constructed prior to January 1, 1984. Property Location: 430 Grigonis Path, Southold, NY; County Tax Map District 1000, Section 70, Block 3, Lot 8; also identified as Lot #8 on the Map of Harvest Homes Estates, Section I. WHEREAS, a public hearing was held on February 23, 1993, at which time those persons who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board made the following Findings of Fact: 1. By this application, appellant is requesting a Special Exception to the Zoning Ordinance, Article III, Section 100-30, Subsection B{14} for permission to establish a new "Accessory Apartment" within the same footprint of the existing principal (dwelling) structure, as more particularly shown on a sketch submitted under this application. 2. The premises in question is located in the "R-40" Low -Density Residential Zone District and contains 19,300+ - sq. ft.,'with frontage along the easterly 'side of Grigonis Path of 143.00 feet as shown on the September 4, 1973 survey prepared by Roderick VanTuyl, Licensed Land Surveyor. 3. The subject premises is improved with a single-family two-story dwelling structure with garage. The setbacks of the dwelling footprint scales out to be: (a) 41.5 ft. between the foundation and the front property line, exclusive of stoop area; (b) 23+- feet from the northerly side property line; (c) 62+- feet from the rear property line. February C ,� __i93 f MARTIN BUSSANICH . 4149 - Special Exception 4. The area to be occupied as an "Accessory Apartment" shown to be on the first floor level next to the garage area. The applicant is requesting a livable floor area for the proposed accessory apartment at 971+- sq. ft. The remaining floor area to be retained as the principal single-family residence of the owner will be approximately 60% of the total living area (or 1400+- sq. ft. for the principal unit). is 5. Article III, Section 100-30(B) permits the establishment of such use, subject to conditions (a) through (p). It is noted for the record that the principal dwelling use and building was constructed under Building Permit No. 58312 issued April 24, 1972. Certificate of Occupancy #Z5477 was issued September 24, 1973 for a private one -family dwelling. It is the position of the Board Members that all the requirements established by the zoning code for an accessory apartment are being complied with. 6. The zoning code also requires a total of four (4) parking spaces: two parking spaces for the one -family principal use and two parking spaces for the proposed Accessory Apartment. (An available one -car garage would be permitted as one parking space.) 7. In considering this Special Exception application: (a) the Board has given consideration, among other things, to subsections {a) through {p) as provided by Article XXVI, Section 100-264 of the Zoning Code; (b) the Board has determined that the use requested will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts; (c) the Board has determined that the use will not adversely affect the safety, welfare, comfort, convenience or order of the town; (d) the use is in harmony with and will promote the general purposes and intent of zoning. Accordingly, on motion by Mr. Villa, seconded by Mr. Goehringer, it was RESOLVED, that a Special Exception for an "Accessory Apartment as provided in Article III, Section 100-31(B){14) of the Zoning Code, in the Matter of MR. AND MRS. MARTIN BUSSANICH under Appl. No. 4149, BE AND HEREBY IS APPROVED SUBJECT TO COMPLIANCE WITH SUBSECTIONS (a) through (p) of this provision and as follows: 1. The size of the accessory apartment not exceed 40 percent of the livable floor area of the existing dwelling unit, or 971+- sq. ft. /3 - February 1993 ,er of MARTIN BUSSANICH . No. 4149 - Special Exception 2. There shall be no outside stairwells for either dwelling unit (only interior stairs for entering or exiting the residence). Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio, Villa and Wilton. This resolution was duly adopted. GERARD P. GOEHRINGER, CHA lk