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4749
4e EZ9 -1-51- 62 !k1,',VO A5 C S 4 /,-,- 76- � ZIA',"& 1Vg-,,,< �b, 10� '7 11115119'7 IV--V-1V41,61-74-6eCr6-F77-�66- 70W141317 -1464e- ersc— APPEAn BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning h�o��gUFFO(,�COG o y� N x W • a BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF DECEMBER 14, 1999 Appl. No. 4749 - LESLIE WINDISCH 1000-70-5-39 STREET & LOCATION: 1375 Pine Neck Road, Southold DATE OF PUBLIC HEARING: October 14,1999; November 18, 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 applicant's property consists of 46,000+- sq. ft. in area with 100 ft. frontage along the north side of Pine Neck Road, Southold. The lot is known as Lot 8 on the Map of G. Wells Phillips filed in the Suffolk County Clerk's Office as Map No. 297. The property is improved with a principal one-story frame dwelling, two accessory buildings, and a small enclosure for the well pump. One of the accessory buildings is a garage and the other contains a bathroom and rooms used formerly by the owner's family for sleeping, without kitchen facilities (Ref: Town's September 22, 1994 inspection report by the Building Department). BASIS OF APPLICATION: Building Inspector's August 12, 1999 Notice of Disapproval which states that the application for a building permit to "alter non -habitable accessory cottage to habitable structure" is not a permitted accessory use pursuant to Article III, Section 100-31C, and that the proposed change of use will constitute a second dwelling on lot pursuant to Article III, Section 100-31A.1. (No physical alteration or change in the building construction is indicated on the application for a building permit.) REASONS FOR BOARD ACTION, DESCRIBED BELOW: Based on the testimony and record before the Board and personal inspection, the Board makes the following findings: 1. The Board concurs with the evidence presented that a Preexisting Certificate of Occupancy was granted to predecessors/successors in title, and therefore the variance application is moot. However, counsel for the applicant indicated at the hearings that predecessors/successors in title removed kitchen facilities from said structure and subsequently rehabilitated the accessory structure. 2. For the record, the accessory structure contains the following: insulation and limited bathroom (lavatory) facilities. In considering this application, the Board deems this action to be the minimum necessary and adequate to enable the applicants to enjoy an accessory building, while preserving and protecting 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 Page 2 -December 14, 1999 ZBA Appl. No. 4749 - Leslie Windisch Parcel 1000-70-5-39 at Southold RESOLVED, to REAFFIRM the Pre -Existing Certificate of Occupancy (Pre -CO) for this accessory structure. VOTE OF THE BOARD: AYES: Members Goehringer, Dinizio, Collins, and Homing. (Member Tortora was absent due to illness). This Resolution duly ado d (4-0). 'GERARD P. GOEHRII GER, CHAIRMAN Approved for Filing by 12/20/9 L: E_,!UD BY _ .i shall be seasonal Deco p p ("gip discontinued for a period of more P than two (2) years or has been cottages on Lots from SS and its; the changed to'a higher classification season [o run from March 15th 'T STATE OF NEW YORK) )5S: CO TY OF SUFFOLK) t of Mattituck, in said CO unty, being duly sworn, ,says that he/she is Principal clerkof 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 wbich the annexed is a printed copy, has been regu- larly published in said Newspaper once each week for (weeks successively, commencing f,t, 1—A il-11. lay .�, _i BOAR Box1179 Southold, NY 11971r 19804TS30 %TE OF NEW YORK) )SS: UNTY OF SUFFOLK) 0./i F o(13 of Mattituck, in said mty,_being duly sworn,'says that he/she is acipal clerk of THE SUFFOLK TIMES, a Wklynewspaper, published at Mattituck, in Town of Southold; County of Suffolk and to of New York,, and that the Notice of which annexed is a printed copy, has been regu y published in said Newspaper once each E�k for weeks successively, nmencing on the n` day �. 19 n \ n U JOHN P. BRISOTTI orn t before me thROTARYf6kIk STATE OF NEW y, Of .� F�d� ham 19 190.01BR4732613 QUALIFIED IN SUFFOLK COUNTY COMMISSION EXPIRES MAY 31 -?o ~'- FORINT NO. 3 P.!p TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. /NOTICE OF DISAPPROVAL TO Patricia Moore Esq. A/C Leslie & Rose Marie Windisch 51020: Main Road Southold N.Y. 11971 Please take notice that your application dated June 15 1999 For permit to alter non -habitable accessory cottage to habitable structure at Location of property 1375 Pine Neck Road Southold A t 219 DATE; August 12, 1999 County Tax Map No. 1000 -Section 70 Block 5 Lot 39 Subdivision Filed Map # Lot # Is returned herewith and disapproved on the following grounds Proposed change of use of existing A. Permitted uses. Proposed change not a permitted accessory use nursuant to Article III Section 100-31 C . Authorized ignature FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL DATE; August 120999 TO Patricia Moore Esq. A/C Leslie & Rose Marie Windisch 51020 Main Road Southold N.Y. 11971 Please take notice that your application dated June 15 1999 For permit to alter non -habitable accessory cottage to habitable structure at j Location of property 1375 Pine Neck Road Southold County Tait Map No. 1000 - Section 70 Block 5 Lot 39 Subdivision Filed Map # Lot # Is returned herewith and disapproved on the following grounds Proposed change of use of existing Proposed change of use will constitute second dwelling on lot. Proposed, change not a permitted accessory use pursuant to Article III Section 100-31 C Authorized ignature Repair ............ Removal......... Demolition ............ Other Work .` " (Description) Estimated Cost... ....................... fee ..................................... (to be pain filing, this application) If duelling, number of dwelling units ............ Number of dwelling units on each floor ................ Ifgarage, caber of cars ...................................... If business, commercial or sdxed'occupan y, specify nature and extent of each type of use ..................... Dimensions of existing structures, If any: Front ................ Rear ...........,.... Depth ................. Height .......'................ Number of Stories ...................... Dimensions of same structure with alterations or additions: Front ............... Rear ............... Depth .................... Height .................... Number of Stories ............... Dimensions of entire new construction: Front ................ Rear ............... Depth .............. Height ......................... Number of Stories ....................: Size of lot: Front .................... Rear ..................... Depth .................... Date of Purchase ..................... Name of Forcer Owner .... ;................................... Zone or use district in which premises are situated........................................................ Does proposed construction violate any zoning law, ordinance or regulation: ........................ Will lot be regraded ....................Will excess fill be removed from premises: YES NO Names of Owner of premises ........................... Address .............................. Phone No. .............. Nate of Architect .......... ............... .........'Address...............I..............:Phore No. Name of Contractor .............. ................ Address ...... ........................Phone No. ........ Is this property within 300 feet of a tidal wetland? * YES .......... ND .......... *IF YES, SWMD TOWN IMMM FW11T MAY BE RETIRED. PLOT DIAGRAM Locate clearly and distinctly all buildings, whetber existing or proposed, and indicate all set -back dimensions om property lines. Give street and blocknumber or description according to deed,and show street names and indicate ether interior or corner lot. f/hr lrtcn� J ft AIF. cc RW YOM, / J L SS UNI? OF vL��C...! . G 'fY[ U ( (. f7/�'�� ............bei duly sworn deposes and ng y po says that be is the applicant ame of individual signing contract) ove naTed, is the t... ......................................................... (Contractor, amt, corporate officer, etc.) said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this mplication that all statements contained in this application are true to the best of his knowledge and belief', and at the work will be performed in the manner set forth in the application filed therewith. +orn to before me this ....... .5.....day of . .. .i1.f .....19.. Notary Public (J. ELIZJ1B ASTASNIB NOTARY PUSLIC. Sta*of NOWYO& (signature of Applicant) No. 01 ST600a173. SuRd1kcs" Term Expires June 8. 2tt .. FORM N0. I TOWN OF SOUTHOLD BUrLDING.DEPARTMENT TOWN HATI SOUTHOLD, N.Y. 11971 TEL: 765-1802 Examined .................. 19.... Approved ................., 19.... Permit No. ..;............. Disapproved a/c ...... I `. a.°` .................. ................................ (Building Inspector) APPLICATION FOR BUILDING PERMIT INSTRUCTIONS BOARD OF HEALTH ............... 3 SETS OF PLANS ............... SURVEY ........................ CHECK....... .. ........ . SEPTIC FORM ............... NOTIFY CALL .................. MAIL TO: ................... S O9 ti Date ...... ..........19.:.. a. This application.must be:completely filled in by typewriter or in ink and submitted to the Building Inspector 3 sets of plans, acasate;plot plan to scale. Fee according to schedule. b.' Plot plao`sbowirjlocation of lot and of buildings co premises,, elationship to adloirip pampas or public streets or areas, and giving a detailed deser ption of ,layout of, property mut be drsm on the diagh "wlndh'is`part`oi[ this application. c. The wrk cowered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Sud' 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 stall have been granted by the Building Inspector. APPLICATICK IS UMM MATE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Tam of Southold, Suffolk County, New York, and other applicable Laws, Ordirunces'or Regulations, for the constriction of buildings, addi ions or alterations, or for removal or demolition, as bereio described. The applicant agrees to comply with allpplicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. . (Signature of applicant, or name,if a corporation) .................................................... (Mailing address of applicant) State wbetber applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or buil Name of owner of premisesL£5%!� . � J� IV(�¢ c« !!'fir t .:: � . .......... .... (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. ......................................................... (Name and title of corporate officer) Builders License No........................... Plumbers License No . ......................... Electricians License W. ..................... Other Trade's License No . .................... l: Ioeation of land on which proposed work will be done .......................... ......... ................. .... r m e �Vg dc 20a � � 1375 ................................ !........................................ ... J..c ......... .................. .Healer... ...................... Haase No¢ber Street Coumty Tax Map No. 1000 Section p ........ Block ... ....... Int .. ? f,......... Subdivision ...................................... Filed Map No. ............... Int .. L �... (Name) 2. State exist' use and ofiTi1kF1P"S?a- n3g occupancy premises and intended of pt opose3*co"truction: a. Existing use and occupancy !qn /moo- h r �C ,? ��.....:.... `::.................... . b. Intended use and occupancy .... `.7.a.........................ht IrC-C�Ci................................. TOWN OF: SOUTH.OLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEA NO. DATE ............ TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. I, (We)Leslie & Ro: WiA isch..................of ...73.7S..R.IAe..N.eck.. Qrsi..............: ..... ......... ..................... Name of Appellant Street and Number Southold NY 11971 ............................................:..................................... ............................HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT. NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO Patricia C. Moore Esq .._... —....... ...................... . ................... Nome of Applicant for permit of 51020 Main Road, Southold NY 11971- t r eet 1971-treet and Number Munici poll ty State ( ) PERMIT TO USE ( x) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY..�7...�zng..A.eck.�4asi.,..&AuzhRJd..1YX................................... Street /ilanilet / Use District on Zoning Map District 1000 Section 70 Block 5 Lot 39 same _......_....�_......._.._.._....._ A....._.................._..Current Owner Mop No Lot No. Prior Owner Henry Barry 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance_) Article III Section 100-31'A.1 3. TYPE OF APPEAL Appeal is mode herewith for (please check appropriate box) (X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chop. 62. Cons. Lows Art. 16 Sec. 280A Subsection 3 d. PREVIOUS APPEAL A previous appeal &=)<(has not) been mode with respect to thisdecision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No.................................Dated........................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( ) A Variance to the Zoning Ordinance is requested for the reason that Existing .Cottage is restricted to non -habitation applicant wishes to permit sleeping in existing cottage but no kitchen. limited use to accessory to main dwelling. Foran znt (Continue on other side) Reason for Appeal Continued Zoning Board of Appeals re: Leslie and Rose Marie Windisch Pursuant to Town Law section 267b-3 the Southold Town Zoning Board of Appeals is to analyze and asses the personal benefits anticipated by the applicant against; the potentially deleterious effects that a grant of the relief requested would have on the health, safety and welfare of the effected neighborhood or community. In performing this balancing test, the Zoning Board is charged with the responsibility to consider the five factors enumerated in Town Law Section 267b -3(b) The varianceshouldbe granted for the following reasons: 1. No undesirable change will be produced in the character of ;the neighborhood or a detriment to nearby properties, if the variance is granted. The existing cottage was constructed prior to zoning and used as the principal dwelling (pre-C.O. no.Z-23285), the previous owners applied for a larger house on the property,removed the stove from the cottage and retained the cottage for extra room. The two structures remain, the present owner, Windisch, has remodeled the house and cottage, however the cottage is limited to "non -habitation". The applicant wishes to permit sleeping in the cottage as a "bunk house". The cottage does not have a stove and no stove will be installed. 2. The benefit sought by the applicant can not be achieved by some method, feasible for the applicant to pursue, other than an area variance. The structures are in place. The cottage is very useful as extra living area, however, no sleeping is permitted in the cottage and the main house has only two bedrooms. (Mr. And Mrs. Windisch have three children) The cottage would provide greatly needed room for guests and family. 3. The area variance is not substantial The application of the balancing test weighs in favor of the grant of the variance. The structures are in place, the cottage is accessory to the main house because there are no cooking facilities. The cottage does not meet the definition of a "dwelling" since there is no stove, therefore, the cottage does not constitute a second dwelling on the lot. 4. The variance will have no adverse effect or impact on the physical or environmental conditions in the neighborhood or district. The house and cottage are existing, each structure contains their own sanitary system, the cottage will be used for guests and family who; would otherwise be cramped into the two bedroom house or tents. 5. The alleged difficulty was not self-created. The owner does not want to "sneak" their guests and family into the cottage, he and his family would not occupy the cottage as sleeping quarters without a variance. 6. The variance requested is the minimum variance practicable given the personal benefits anticipated by the applicant. The cottage is existing and the owners merely wish to permit sleeping in the cottage, making the cottage "habitable". We respectfully request that the appeal be granted, together with any further relief that is deemed necessary and reasonable. signature State of New York ) )ss County of Suffolk ) .Sworn to this ,2, day Notary Public PATRICIA C. MOC)RE Notary Public, State of Newyork Suffolk County - No. 480186$ Commission Expires June 16,.272 1: 0 ET R w to Q 03 C: 000 < Z -q Cl 03 O C�Yr M. Bldg. Extension Extension Extension o Foundation— - — Floors Interior Finish Basement Heart Attic Ext. Walls Fire Place Porch Bath Floors Interior Finish Heart Attic Porch Rooms 1st Floor Breezeway Patio Rooms 2nd Floor Garage I .,. .� �r r. Driveway r�uurjn� �, sNn���rn� n Db�11DRTM �tIE�A CARD OWNER STREET VILLAGE DIST.SUB. LOT FORME OWNER N E ACR: S W TYPE OF BUILDING RES. SEAS. VL FARM COMM, CB. MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS k r Tillable FRONTAGE ON WATER Woodlartd FRONTAGE ON ROAD " .Meadowland DEPTH House Plot BULKHEAD Total t (� `�i � ..�. r�- ......... _ _ _._. _ _ �................. �� ..� .,,.���, ��, , .,..�,�. ... ,. ,,.;.. ... �,A �... M. Bldg. CA Foundation I ti� Bath Extension 4' S , Basement ; l.•D Floors Extenglon Ext. Walls Interior Finish \ tier' / LA on Fire Place Heat Porch Attic Porch Rooms list Floor Breezeway Patio Rooms 2nd Floor Garage 1� b / Driveway . . O. B.,,,i "I"", ,tl OS"IE4 , l TOWN OF �'O . TH LD AOPORTY RECORb ^CARD _° y 'OWNER - STRE 7 -7(... VILLAGE DISTRICT SUB. LOT L l FORM OWNER N .- -D E�� ' M• / W , .' TYP OF BUILDING RES. SEAS., VL FARM COMM. IND. CB. MISC. 'AND. IMP. TOTAL DATE REMARKS (� Iwo r 100 oa too a i .. /6 0 S`9 0 .....%Soo 3'./3. _.. .,.•t '15� /v 6 �;t vo.., ��. _. AGE BUILDING CONDITION F' NEW NORMAL -- BELOW ABOVE Farm Acre. Value Per Acre Value 'lable t _ ,. o c T- oy P r �' /C•' - 76 - .. Tillable 2 a �, ,. ✓ Tillable 3 - Woodland - Brushlond 'g y•:: I.�vM S4� House Ploti,w . j .,.. 4i ,wm d.•: :. �^ d R. � - A Total l �� 1`..r 11 in�f51L• x J �s a .,FsS,7JtbEYL7'G)F h PARR -A 7- re+� S.�UTNQLP� N. Nbr/iC i�uj "r "heap rad Ai*wper vt( o ).e CS'. WeI/s F�/silhps; ` kip' Fiiy fha v yrs Mrac No. ;CJS e a .n t x 'r i'✓W,3i �. � r 3:,,M x .e � 'fiN' �L WRQ F xo is s mU rmaaui+mio°irixam�;: esol aJt`. �ynptecu�np �1�L�/✓p ���� ! � ' rw m1:Mtnadex?.r ,r a.#� P4OF.�r,. 76 v v+ iyy '+F 9 " afiiM4,1 ' Nip AD �Ife .� ..,..oz.s.:. _ ? .. o s 3:fl8�f,4'm a4P:���;ii x .ta•'' `. �� �.J xF'L'�Cn / KGr7�$. �.-!��d^J rt i. "i : APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning r i S1)FFO��' �0�0 C'pG y:�c Southold Town Hall o 53095 Main Road va x P.O. Box 1179 Southold, New York 11971 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD May 17, 2000 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Windisch Appeal of Pre-C.O. (a;'% 60 Dear Mrs. Moore: The application is barred by the doctrine of res judicata. On August 12, 1999 the Building Department denied the applicant's request for a building permit to "alter non - habitable accessory cottage to habitable structure." This denial was appealed to the Zoning Board of Appeals (see Appeal #4749). By decision dated December 14, 1999 the ZBA "Resolved, to Reaffirm the Preexisting Certificate of Occupancy (Pre -CO) for this accessory structure. The current application is to amend or "fix" the preexisting Certificate of Occupancy from a non -habitable structure to a habitable structure. As set forth above, that issue was previously decided. Therefore, the application is hereby returned. Very tr ay-jobur , -r t Gerard P. Goehringer Chairman Enclosures APPEALS BOARD MEMBER" Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning REPLY MEMORANDUM BOARD OF APPEALS TOWN OF SOUTHOLD TO: Building Department Attn: Ed Forrester FROM: Jerry Goehringer, ZBA Chairman DATE: February 14, 2000 SUBJ: Your Memo dated 2/11/2000 (Windisch 1000-70-5-39) Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 As you are aware, I called your office on the same day that I received your memo, Janu- ary 12, 2000. The context of the conversation with you on that date was as follows: 1) reasons for board action as indicated in the Board's 12/14/99 decision. Reason #1 that 10/14/94 Pre C. 0. and Reason #2 BP #23285Z were both issued to Henry Barry, a prior title holder of this property for a non -habitable accessory building; 2) the Board reaffirmed that C.O. and therefore no further decision of this Board based upon this application is forthcoming. MEMORANDUM TO: ZBA Chairman FROM: ZBA Office Staff DATE: February 12, 2000 SUBJECT: Windisch Inquiries following ZBA Decision 94749 Please be aware that Pat Moore, Esq has stopped in several times to see if you have spoken with Ed Forrester. Apparently the Building Department will not issue a Pre-C.O. for the relief Mrs. Moore is asking of them. The Building Department wants to know if the ZBA will tell them what was done by the ZBA action, because they will not issue habitable use when the applicants records show that it was not continuously used as for habitation and they "admitted it in their past applications for a accessory shop permit," lie said. While you were on vacation, Ed Forrester left a messages asking that you contact him to clarify the ZBA decision. !1 J v�1 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 MEMORANDUM TO: FROM: DATE: RE: BUILDING DEPARTMENT TOWN OF SOUTHO LD G. Goehringer, Chairman ZBA E. Forrester, Building February 11, 2000 Windisch Appl#4749 ���UW z� A- Fax(516)765-1823 Telephone (516) 765-1802 have not received a response to my memo dated anu y-1-4, 2000 (attached). Please be advised, the applicant has been requesting that I act upon their original application in light of your ruling. The language used in the decision on that appeal is unclear as to whether the Building Department's determination was upheld or reversed. Please respond at your earliest convenience so I may act upon their request. PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (516) 765-4330 Fax: (516) 765-4643 Margaret Rutkowski Secretary February 8, 2000 Southold Town Building Department Mr. Edward Forrester Southold Town Hall 53095 Main Road Southold, NY 11971 Re: Leslie Windisch 1000-70-5-39 Dear Mr. Forrester: Enclosed please find an application for a pre- existing certificate of occupancy for the existing cottage. My client had submitted an application to return the cottage to a "habitable dwelling" which was disapproved, and we appealed your decision to the Southold Zoning Board of Appeals. Enclosed please find the transcript of Appeal No. 1364 made by Henry Barry, predecessor in title to Mr. Windisch. A 280A application was made for access to the waterfront lot. In the record of the hearing the following facts were submitted to the Zoning Board: The subject property consisted of two separate properties. Barry's previous owner, Chadbourne, built a cottage on the creek, and built a separate cottage on the road. In 1940 Chadbourne sold the cottage on the North to Litsch. The creek front property was sold in 1945 to others. In 1962 Barry purchased both properties from two separate owners. Each parcel contained a single family dwelling. The Zoning Board in 1970 advised Mr. Barry that if he wished to subdivide the lot he could. The Zoning Board in 1970 granted 280A approval and established setbacks for the dividing line between the two properties. (The Zoning Board continued the preexisting condition and appears to have subdivided the parcel) This is consistent with the survey prepared by Otto Van Tuyl and Son dated November 8, 1962 which shows two dwellings on the property. In addition the Title Company (Intercounty Title Guarantee Mortgage Company) insuring the title for Mr. Barry incorporated into the title policy an inspection of the property which states that the property contained two one story frame houses, a garage, a pump house and a dock into Jockey Creek. I reviewed the Health Department records with Charles Brigham and their records reflect that the structures pre -date their regulations. Since the two dwellings were constructed prior to zoning, were owned by separate individuals at separate times, and the Town's record's clearly state that the subject cottage was constructed as a separate dwelling, the pre -certificate of occupancy issued by the building inspector in 1990 was in error. A full pre -certificate of occupancy should have been granted, without conditions. Mr. Barry should not have been required to remove the kitchen and make the structure non -habitable. Mr. Barry was in a nursing home and could not express his objection to the building inspector's determination. The pre -certificate of occupancy should be issued because there is no doubt that the cottage pre -dates zoning. The Windisch building permit for repairs to the cottage and certificate of occupancy for same should be issued immediately. Very truly yours, Patricia C. Moore CC: Mr. Windisch / Zoning PP Board of Appeals ✓ TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL 765-1802 APPLICATION FOR CERTIFICATE OF OCCUPANCY A. This application must be filled in by typewriter OR ink and submitted to the buildin} inspector with the following: for new building or new use: 1. Final survey of property with accurate location of all buildings, property lines streets, and unusual natural or topographic features. 2. Final Approval from Health Dept. of water supply and sewerage-disposal(S-9 form) 3. Approval of electrical installation from Board of Fire Underwriters. 4. Sworn statement from plumber certifying that the solder used in system contains less than 2/10 of 1% lead. 5. Commercial building, industrial building, multiple residences and similar buildii and installations, a certificate of Code Compliance from architect or engineer responsible for the building. 6. Submit Planning Board Approval of completed site plan requirements. B. For existing buildings (prior to April 9, 1957) non' -conforming uses, or buildings ar "pre-existing" land uses: 1. Accurate survey of property showing all property lines, streets, building and unusual natural or topographic features. 2. A properly completed application and a consent to inspect signed by the applicant If a Certificate of Occupancy is denied, the Building Inspector shall state the reasons therefor in writing to the applicant. C. Fees I. Certificate of Occupancy - New dwelling $25.00, Additions to dwelling $25.00, Alterations to dwelling $25.00, Swimming pool $25.00, Accessory building $25.00, Additions to accessory building $25.00. Businesses $50.00. 2. Certificate of Occupancy on Pre-existing Buildintr - $100.00 3. Copy of Certificate of Occupancy - .2W 4. Updated Certificate of Occupancy - $50.00 5. Temporary Certificate of Occupancy - Residentiall $/15.00, Commercial $15.00 Date ..?1-7 Oa .......................... New Construction........... Old Or Pre-existing Building...../?..._........ Location of Property... �.3� .. 4 1J:7.C.. jVe_ k. �qS�l�... !�.�`.�............... . House No. Street Hamlet Onwer or Owners of Property..... J:?ISCL?...........................4.................. County Tax Map No, 1000, Section....? .......Block... .....Lot.., -32 ....... Subdivision....................................Filed Map ...... ...... Lot .................. Permit No ....... 4 ........ Date Of Permit................Applicant........ 4................ Health Dept. Approval..........................Underwriters Approval..................... Planning Board Approval ........................ Request for: Temporary Certificate........... Final Certicate........... Fee Submitted: $ .............4............... .................moi........... APPLICANT CONSENT TO INSPECTION ZesllG �V/'�c/i 5 , the undersigned, Owner(s) Name(s) do(es) hereby state: That the under signe (is) (are) the owner(s) of the premises in the Town of Southold located at /3-75- �ir?C Ne c..�-- 060aCz which is shown and designated on the Suffolk County tax map as District 1000, Section 70 , Block 5 , Lot -�, That the undersigned has) (have) filed, 'or caused to be filed, an applica- tion in the Southold Town Building Inspectors Office for the following: r — r. O -� 15 h 4 q 0 01 -yo e That the undersigned do(es)hereby give consent to the Building Inspectors of the Town of Southold to enter upon the above described property, including any and all buildings located thereon, to conduct such inspections as they may deem necessary with respect to the aforesaid application, including inspections to determine that said premises comply with all. of the laws, ordinances,' rules and regulations of the Town of Southold. The undersigned, in consenting to such inspections, do(es) so with the knowledge and understanding that any information obtained In the conduct of such inspections may be used as evidence in subsequent prosecutions for vio- lations of the laws, ordinances, rules or regulations of the Town of Southold. Dated: I (signatur ) (print name) signature) (print name) .' Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 MEMORANDUM ® Fax (516) 765-1823 Telephone (516) 765-1802 d �• BUILDING DEPARTMENT TOWN OF SOUTHOLD TO: G. Goehringer, Chairman ZBA FROM: E. Forrester, Building Department DATE: January 11, 2000 RE: Windisch Appl#4749 The applicant has indicated that they wish to follow up on the original application to change the cottage to a habitable structure, I have the decision in hand but I am confused as to the meaning of the decision as it applies to this proposed project. The Board resolved to "reaffirm the pre-existing " CO , be advised the Pre CO (#Z23285) is for a nonhabitable structure and it would seem that the Board's decision to reaffirm it does not reverse the disapproval The applicant and their counsel are obviously of a different opinion, which is why I am requesting a clarification. Thank You. l 2 c X �C_ 1L�� iT a �q41, ,- fn r ��fl Cti f -� /��v. MEMORANDUM TO: G. Goehringer, Chairman ZBA FROM: E. Forrester, Building Department DATE: January 11, 2000 RE: Windisch Appl#4749 The applicant has indicated that they wish to follow up on the original application to change the cottage to a habitable structure, I have the decision in hand but I am confused as to the meaning of the decision as it applies to this proposed project. The Board resolved to "reaffirm the pre-existing " CO , be advised the Pre CO (#Z23285) is for a nonhabitable structure and it would seem that the Board's decision to reaffirm it does not reverse the disapproval. The applicant and their counsel are obviously of a different opinion, which is why I am requesting a clarification. Thank You. a FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. PRE EXISTING CERTIFICATE OF OCCUPANCY No Z-23285 Date OCTOBER 14, 1994 THIS CERTIFIES that the building ACCESSORY BUILDINGS Location of Property 1375 PINE NECK ROAD SOUTHOLD, N.Y. House No. Street Hamlet County Tax Map No. 1000 Section 70 Block 5 Lot 39 Subdivision Filed Map No. Lot No. conforms substantially to the Requirements for Accessory Structures built Prior to:,, APRIL 9, 1957 pursuant to which CERTIFICATE OF OCCUPANCY NUMBER Z-23285 dated OCTOBER 14, 1994 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 NON—HABITABLE ACCESSORY BUILDING & ACCESSORY 2 CAR GARAGE The certificate is issued to HENRY BARRY (owner) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. N/A PLUMBERS CERTIFICATION DATED N/A *PLEASE SEE ATTACHED INSPECTION REPORT. Rev. 1/81 I 11 jlu_ f DEPARTMENT OF PLANNING Town of Southold Zoning Board of Appeals COUNTY OF SUFFOLK ROBERT J GAFFNEY SUFFOLK COUNTY EXECUTIVE December 29, 1999 Applicant: Windisch, Leslie & Rose Municipal File No.: 4749 Zoning Action: Variance -Use of an existing accessory cottage for habitation purposes. S.C.P.D. File No.: SD -99-10 Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination as there is no apparent significant county -wide or inter -community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Comment: Appears inappropriate as sufficient information has not been submitted to demonstrate compliance with applicable variance criteria. The preexisting certificate of occupancy should be reaffirmed. Very truly yours, Stephen M. Jones Director of Planning S/s Gerald G. Newman Chief Planner GGN:cc G:\CCHORNY\ZON ING\ZON ING\WORKING\LDS\DEC\S D99-10. DEC LOCATION MAILING ADDRESS H LEE DENNISON BLDG - 4TH FLOOR ■ P. 0. BOX 6 100 ■ (5 1 6) 853-5 190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 1 1 788-0099 TELECOPIER (5 1 6) 853-4044 T} I STEPHEN M ;JoNEs,--A_I.0 P I If --__DIRECTOR: OF PLANNING' JAN Applicant: Windisch, Leslie & Rose Municipal File No.: 4749 Zoning Action: Variance -Use of an existing accessory cottage for habitation purposes. S.C.P.D. File No.: SD -99-10 Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination as there is no apparent significant county -wide or inter -community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Comment: Appears inappropriate as sufficient information has not been submitted to demonstrate compliance with applicable variance criteria. The preexisting certificate of occupancy should be reaffirmed. Very truly yours, Stephen M. Jones Director of Planning S/s Gerald G. Newman Chief Planner GGN:cc G:\CCHORNY\ZON ING\ZON ING\WORKING\LDS\DEC\S D99-10. DEC LOCATION MAILING ADDRESS H LEE DENNISON BLDG - 4TH FLOOR ■ P. 0. BOX 6 100 ■ (5 1 6) 853-5 190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 1 1 788-0099 TELECOPIER (5 1 6) 853-4044 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 BOARD OF APPEALS TOWN OF SOUTHOLD December 17, 1999 r - Re: ZBA Appl. No. 4749 - Leslie Windisch Dear Mrs. Moore: Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 Enclosed please find a copy of the Board's December 14, 1999 determination in the above matter. Please be sure to follow-up with the Building Department regarding the next step in the building -permit review process (765-1802) before commencing construction activities. We have furnished a copy of this decision to the Building Department as an update to their file regarding the Notice of Disapproval and for their permanent records. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN Enclosure Copy of Decision to: Building Department �o��SUf FO(�-COG y� O 1 y = y�ipl �ao� BOARD OF APPEALS TOWN OF SOUTHOL,D (1-516) 765-1809 tel. (1-516) 765-9064 fax Pursuant to Article XIV of the Suffolk County Administrative Code, The Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Ccannission: x Variance from the Zoning Code, Article I I I , Section 100-31 A.1 Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit Appeal No: 4749 Applicant: Leslie & Rose Windi.sch Location of Affected Land: 1375 Pine Neck Road, S outhold, NY County Tax Map Item No.: 1000- 70-5-39 Within 500 feet of: Town or Village Boundary Line x 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 Mile of an Airport Comments: Applicant is requesting permission to Non -habitable to habitable use Copies of Town file and related documents enclosed for your review. Dated: Dec. 21 /c%`I9 APPEALS BOARD MEMBER Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 BOARD OF APPEALS TOWN OF SOUTHOLD December 17, 1999 Re: ZBA Appl. No. 4749 - Leslie Windisch Dear Mrs. Moore: Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 Enclosed please find a copy of the Board's December 14, 1999 determination in the above matter. Please be sure to follow-up with the Building Department regarding the next step in the building -permit review process (765-1802) before commencing construction activities. We have furnished a copy of this decision to the Building Department as an update to their file regarding the Notice of Disapproval and for their permanent records. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN Enclosure Copy of Decision to: Building Department �/L No Z-23285 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. PRE EXISTING CERTIFICATE OF OCCUPANCY Date OCTOBER 14, 1994 THIS CERTIFIES that the building ACCESSORY BUILDINGS Location of Property 1375 PINE NECK ROAD SOUTHOLD, N.Y. House No. Street Hamlet County Tax Map No. 1000 Section 70 Block 5 Lot 39 Subdivision Filed Map No. Lot No. conforms substantially to the Requirements for Accessory Structures built Prior to: APRIL 9, 1957 pursuant to which CERTIFICATE OF OCCUPANCY NUMBER Z-23285 dated OCTOBER 14, 1994 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 NON -HABITABLE ACCESSORY BUILDING & ACCESSORY 2 CAR GARAGE The certificate is issued to HENRY BARRY (owner) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. N/A PLUMBERS CERTIFICATION DATED N/A *PLEASE SEE ATTACHED INSPECTION REPORT. Rev. 1/81 N% BUILDING DEPARTMENT TOWN OF SOUTUOLD r 11OUSING CODE INSPECTION REPORT 1375 Pine Neck Rd. ❑umber strect kmun MAP N0. LOT(s)_ ipality ,.VISION �tME OF OWNER ( s ) HENRY BARRY „ OCCUPANCY type owner -tenant ACCOMPANIED BY: SAME ADMITTED BY: MARY BREWER SUFF.CO. TAX MAP N0. 1000-70-5-39 KEY AVAILABLE DATE: SEPT. 16, 1994 SOURCE OF REQUEST: PAUL CAMINITI, ATTY NOW HABITABLE) BUILDING STORIES 1 ¢ EXITS ? _ ACCESSORY OOD FRAME TYpE F CONSTRUCTION CRAWL SPACE NO CELLAR NO FOUNDATION CONCRETE 3RD FLR._ TOTAL ROOMS: 1ST FLR. 4 2ND FLR. UTILITY ROOM BATHROOM (s) ONE TOILET ROOM (s) DEQ' TYPE PATIO NO PORCH TYPE FRONT SCREENED - NO GARAGE NO BREEZEWAY NO FIREPLACE ELECTRIC AIRCONDITIONIN YES DOMESTIC HOTWATER TYPEHEATER HOTWATER TYPE HEAT NONE WARM AIR OTHER: ACCESSORY STRUCTURES= CAR WOOD FRAME STORAGE, TYPE CONST. GARAGE, TYPE OF CONST. 2 GUEST, TYPE CONST. SWIMMING POOL OTSER: ___----_�---- — — --- VIOLATIONS: LOCATION UNIFORM FIRE PREVENTION & BUILDING COD CHAPTER 45 N.Y. STATE ART. DESCRIPTION REMARKS: BP #49 -0 INSPECTED %-,BY - 7_A116 FOR DWELLING DATE OF INSPECTION TIME START 9:30 SEPT. 22, 1994 END 10:00 SEC. Form No. 6 f i TOI'r'I OF SOUT1i0LD ,.,o'1994;` r BUILDING DEPARTMENT PARTMENT T014N IIALL ,LDG. DEPT. r' 765-1802 OF SOUTHOLD APPLICATION FOR CERTIFICATE OF OCCUPANCY " This application must be filled in by Y typewriter OP, ink and submitted to the building 1• Final surveyg= for new buildingor of property with accurate location use: buildings streets, and unusual natural or to 0all 2, Final Approval from Health De topographic features. gs' Property lines, . Approval of electrical installatiOf on water supply 4• of statement from plumber cert on PPl and sewerage—disposal (S-9 form), from Board of Fire Underwriters. less than 21i0 of 1% lead, Ying that the solder used 5• in system contains Commercial building, industrial building, multiple residences and similar build' and installations, a certificate responsible for the building, of Code Compliance from architect or engineerIngs 6• Submit Planning Board Approval of co B. completed site plan requirements. For existingP q irements. Pre—existing" building to April 9, 1957) non—conforming uses I. Accurate survey of , or buildings and unusual natural or Property showing all 2, ,e, pographic features property lines, streets, building and properly completed a If a Certificate of pplication and a consent to inspect signed b Occupancy is denied, the BuildingY the applicant reasons therefor in writing to the a Inspector shall state the, C. Fees applicant. 1• Certificate of Occupancy — New dwelling $25.00, Additions to dwelling Additions s o dwelling $25.00, Swimming pool $25,00 50.0. $25.00, � 2, Certificate of accessory building $25.00, Businesses Accessory building $25.00, Occupancy on Pre—existing $50.00, �3• COPY of Certificate of Occupancy _ 0 Building — $100.00 4• Updated Certificate of Occupancy _ $20.00 • 5• Temporary Certificate of Occupancy $50.00 Y — Residential $15.00, Commercial $15.00 7ew Construction.: Date ,,,, •-•• .ocation of .•.••.�•'" Old Or Pre—existing Buil •n .•i •••••.•-•�• �-�•-•� " " '•••••••- Property..✓./.,�,.........����;.N�c••c ••• ........... House No. • • • • - • • SUVJ¢1(' , Street ••-- awer or Owners of Property ... &- r.. T.qrv.y •Hamlet •.......... aunty Tax Map No 1000, Section., 70•... ..•....... ...... .... .......... ... .Block., 5 bdivision........-•'•......... ..... Lot. -J✓.................. rmit NoMap, .., ••••-•.Filed ......•••••Lot., .............Date Of Permit. •..... ... ......... 11th Dept. Approval........ •.. ..... ....Applicant ....................... •... .•Underwriters Approval• ••••-- tnning Board Approval ................ ........ uest for: Temporary Certificate Submitted: $....... .............. �ni- co Final Cert' ate,,, ..... • tnn. ter. •.._• • • . . . . . . . . . _ W. v COUNTY OF SUFFOLK; STATE OF NEW YORK: X Leslie Windisch Pine Neck Road Southold, New York 11971 Appeal No. 4749 X Patricia C. Moore being duly sworn says: 1. I am the attorney for made an application to Board of Appeals, Appeal of cottage for sleeping to the main dwelling separate (second) dwelling. AFFIDAv,I,T NOV 1 81999 Leslie Windish who has the Southold Town Zoning No. 4749 to permit use quarters, as accessory and not constituting a 2. At the request of the Southold Town Zoning Board I inspected the Suffolk County Health Department records and met on October 27,1999 at 10:00 a.m. with Charles Brigham, Sr. Public Health Sanitarian for Waste Water Management. 3. Charles Brigham advised me that the subject house and cottage designated as Suffolk County Tax Map Number 1000-70-5-39 pre-exist the Suffolk County Health Department regulations therefore the use of the structures would be grand -fathered. 4. Charles Brigham and I reviewed the computer records which date from 1993 to present to determine if any restriction on the use of the cottage had ever been imposed by the Health Department, there was no restriction found with respect to the subject property. 5. Charles Brigham and I then referred to a print of the Suffolk County Tax Map which is kept by the department and maintains a back-up record of all applications. On this map the Health Department places a notation of written correspondence, complaints, violations and/or conditional approvals. No references of any kind were found with respect to this property. e 6. A copy of the relevant section of the map maintained by the Health Department is herein attached which shows that the subject property has no notations or reference numbers consistent with our belief that the structures predate the Health Department regulations and that the existing structures are grand- fathered. 7. Charles Brigham and I further checked if the subject property had been previously issued other tax map numbers which may have been referenced, and further checked for correspondence, applications and notations. No reference numbers, no notations, no correspondence were found. 8. The cottage contains a bathroom with a separate sanitary system which may be maintained and the Health Department does not restrict the use, the applicant merely wishes to permit his family to use the cottage as accessory to the single family dwelling. 9. The building department has placed the restriction on the use of the cottage preventing it's use for sleeping quarters, but the Health Department has no similar restriction. 10. Since the cottage and house are pre-existing no Health Department application is required. 11. 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PARR 70 _ REF. - -- - - ° - Q v`ii`i" - I - .r iN . :�'t ` L1F/j/.L=77 l.a.Z:)r] Z)Lbrb74b4j LAW Url'll;t5 h1UUKL PATRICIA C. mooRE Attonicy at Law 51020 Maui Road Southold, New York 11971 Tel, (516) 765-4330 Fax: (516) 765-4643 November 23, 1999 Southold Town Zoning Board cf appeals Gerard P. Coehringer, Chairman Southold Town Hall 53095 Main Road Southold, NY 11971 BY PAX, rHUU F71 M,� $utkowski - — -=„ ! Seerttary Npv2 31999 iff Re: Leslie & nose Marie Windisch Variance application bear Chairman and Board members: This morning I met with Howard 'Ferry. Mr. Terry reviewed the certificate of occupancy and survey in my file. He believed, generally, that the cottages on Pine Neck pre -date zoning, however he did not have a specific recollection of the Windisch property. In light of the documents presented at the last Zoning Board hearing, tree cottage pre -dates zoning, and the building inspector should not have required removal of the kitchen and limit the occupancy of the cottage to "non -habitable". If you need anything to contact me. further please do not hesitate Very truly yours, �_Pa tticia C. Moore TRANSMITTAL MEMO Liv TO: ZBA Chairman and Members FROM: ZBA Office Staff DATE: 'h 0 -V. -;I 3, / 9'1 SUBJECT: File Update— With reference to the above application, please find attached the following new information added to the official ZBA office file: --------------- ------------------------------------------------------ ---------------------------------------------------------------------• Comments: --------------------------------------------------------------- ---------------------------------------------------------------------------- Number of Pages Attached: + /kp Ii/.�/17'7,:j 1:,:5k7 :1lblb.74b4.3 LrW Urr1l:L5 MUUKL tIAUL !il November 23, 1999 PATPJCIA C. MOOIdE Attonley at Law 51020 Maui Road Soutliold, New York 11971 Tel: (516) 765-4330 Fax: (516) 765-4643 Southold IN --n Zoning Board cf appeals Gerard P. Goehringer, Chairman Southold Town Hall 53095 Main Road Southold, NY 1.1971 BY FAX If _ T ;ta utko'wski `moi_ 1 Secretary �1 Nov 231999 ri Re: Leslie &Rose Marie Windisch Variance application wear (hai rman and Board members This morning ? met with Howard Terry. Mr. Terry reviewed the certificate of occupancy and survey in my file. He believed, generally, that the cottages on Pine Neck pre -date zoning, however he did not have a specific recollection of the Windisch property. In light of the documents presented at the last Zoning Board hearing, the cottage pre -dates zoning, and the building inspector should not have required removal of the kitchen and limit the occupancy of the cottage to "non -habitable". If you need anything further please do not hesitate to contact me. Very truly yours, �atY is C. Moore / FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. ►°aS No..Z?111.................. Date ...........................J :n..........14..... 19..7. THIS CERTIFIES that the building located at ..... ...Pine fleck Ro.,d Street ...........................:...................... Map No. ...XX .............. Block No. .7 .................... Lot Nox, .......Southold.... N •Y.'.................... conforms substantially to the Application for Building Permit heretofore filed in this office dated ........................................... Qc-t..... 6.......... 19..2.Q.. pursuant to which Building Permit No.... 88Z. dated ............................(-lit..................... 19..79., 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 ........ kzV t. ..QM.Q..f.�:zs, �.1.....X.. .. ng............................................................................................. The certificate is issued to ... qX+'y...F4i ZrY..........r .................................................................... (owner, lessee or tenant) of the aforesaid building. H.D .11pproval Jan 13' 1971: by R. Villa Douse ir` 1425 .............................................................................. . Building Inspector N roLItr 92 Owners Policy—Individual 1 Policy No. S -14 19 0 6 5 Inter -County Tide Guaranty and Mortgage Company NEW YORK Policy of Title Insurance The hur-Tomitzq ai lv� (fiAtar ant -q aub Mortgav Tompa tH in consideration of the payment of its charges for examination of title and of the premium, insures HENRY F. BARRY .M BEATRICE D. BARRY, HIS WIFE his heirs and devisees against all loss or damage not exceeding ------THIRTEEN THOUSAND T140 HUNDRED AND 00/100 ------- dollars, which the insured shall sustain by reason of any defect or defects of title affecting the premises described in Schedule "A", hereto annexed, or affecting the interest of the insured therein, as described in said schedule, or by reason of unmarketability of the title of the insured to or in said premix es, or by reason of liens or incumbrances charging the same at the date of this policy; jj j all loss and damage by reason of the estates, interests, defects, objections, liens and incumbrances, excepted in Schedule `B" or by the conditions of the policy hereto annexed and hereby incor• porated into this contract, the loss and the amount to be ascertained in the manner provided in said conditions and to be payable upon compliance by the insured with the stipulations of said conditions, and not otherwise. Itt lVittirss Mrmit, the INTER-CouNT7 TITLE GUARANTY AND MORTGAGE Compmw has caused its corporate seal to be hereunto affixed and these presents -to be signed by two of its officers this loth day of November 19 62 i s tart ....................... ................... a' "'F.�Lilll.................................. AssiStarit Policy 1 Page 2 Policy No. S -1419j6 SCHEDULE "A" The estate or interest of the insured in the premises described below, covered by this policy. FEE SIMPLE 2. The description of the property, the title of which is insured, is:— ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being on Pine .Neck Road near the Village of Southold, in the Town of Southold, County of 6utfollc and State o- New York, bounded and described as follows: BEGINNING at a point on the northerly side of Pine Neck Road tjhere she same is intersected by tite westerl,7 line of land o.i' iii_lliam ,1. Horton and running thence ilortn 5 Past, along said laud iif iJi_l.liam y, i:ortoiz, 40o ieeL to cii ghwater marls of Jockey i3reek; again starting from tLie above point of bedinninb on the northerly side of Pine Neck Road and running thence North 840 13° West along the northerly side of rine Neck Road, 100 feet to land of Edward Calahan, deceased; thence running North 5' East along land of Edward Calahan, deceased, 427 feet to highwater mark of Jockey Creek; a thence easterly alonb hi;ghwater mark of Jockey Creek to the northerly end of the first course above set forth, containing one and 2/100 of an acre, more or less SCHEDULE "A" (Continued) Policy 2 Page 2A Policy No. S —141 _- u o SURVEY READING: i / Survey by Otto fid. Van Tuy1 & Son, dated flovember 8, 1962, shows two 1 story frame houses, a garage, a pump house and a dock on the insured premises. The dock extends into Jockey Creek. I b" any Finaioiaxial ,ale c°llap —"T aid S-141906 Policy 3 Page 3 Policy No. 3. The deed or other means by which the estate or interest covered b this policy is vested in the insured, is:— D "= executed by 'ri<<'�RGARET MI. LITSCH, CATHERINE LITSCH AND TH0111hS A. LITSCH to the INSURED, dated October 15, 1902, recorded in the Office o.c the.. Clerk. of Suffolk County on November 27, 1962. SCHEDULE "B" The estates, interests, defects, or objections to title, liens, charges and incumbrances affecting said premises, or estate or interest insured, which do or may now exist and against which the Company does not insure or agree to indemnify are set forth in this schedule. Building restrictions and regulations contained in any resolution or ordinance (zoning resolutions) if any, adopted by the munf- cipality in which the premises described in Schedule "A" are situated and amendments thereto. A4ORTGAGE executed by t to INSURED to TH011AS A. LITSCH, AS EXECUTOR OF :!ILL OF GP.ACE ii. HAYES, DECEASED, dated October _22,__1962, and recorded Novem/be-r 279 1962. RIGHT OF WAY AND RESERVATION in Liber 286`2 cp 03� x( 1 �` b�6 RIGHTS of tenants or persons, if any, in possession of the insured premises. RIPARIAN rights of others than the assured in and to Jockey Creels, adjoining the insured premises herein described although the riparian rights of the assured therein are not insured. POLICY excepts the rights of the United States Government to erect or relocate its bulkhead lines in Jockey Creel:. NO portion of the insured described premises lying below the present or former high watermark of Jockey Creels is insured. 3 NO land under water is insured. .1 I Alble: /-4o/- Ieojv-? rC r ,,In 'WIvla,o of Alrevpel--Au Ole C. wells ,v'71e-,d 1rf the 1541 -l' 7eO LAND n3ujto1179d an "1' 110111, 1 1: ft" OF). C4 ku( ot LCT'loo IZ3 T mwaw . -41 4cm 1295 Pine Neck Road Southold, New York 11971 October 4, 1999 Town of Southold Main Road Southold, New York 11971 Att Gerard P Goehringer, Chairman of Zoning Appeals Dear Mr Gochringer I am writing to you to express my many concerns regarding the property adjacent to mine, located at 1375 Pine Neck Road, belonging to Mr Windisch. I have visited the Building Department on several occasions to discuss the renovations on Mr Windisch's cottage After my last appointment , I felt it best to contact you in writing. I have discussed with various members of the Building Department that Mr Windisch had mentioned the cottage was going to be renovated for rental purposes, however, the building permit was issued for a "shop" My primary concern is that Mr. Windisch's cesspool for the cottage is too close to my water supply (well), about 70 feet away When the previous owner applied for a building permit to erect the high ranch that is now Mr Windisch's residence, the permit was issued with the contingency that the cottage would be vacated and never again be used for habitation. The previous owner followed this, moving into the high ranch and never again used the cottage as a residence If the cottage now becomes used for sleeping quarters, my water supply will become contaminated There has been new plumbing added, with distinct areas within the cottage for a kitchen and bathroom, although, to my knowledge, there has never been any inspection for the plumbing. A 500 lb propane tank is attached to the outside of the building, which, I believe, is in direct violation of the current codes These additions lead me to believe that there will be more than a "shop" in the building. These many changes and possible violations greatly concern me I would very much appreciate a response from you regarding this situation. I would like to thank you in advance for your looking into these concerns Sincerely, TRANSMITTAL ME_. /l 6 7:/� TO: FROM: ZBA Office Staff DATE: SUBJECT: File Update With reference to the above application, please find attached the following new information added to the official ZBA office file: VP --------------- -- ------=--- -------------------- Comments: ----------------------------- ______ - - Number of Pages Attached: FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. PRE EXISTING CERTIFICATE OF OCCUPANCY No Z-23285 Date OCTOBER 14, 1994 THIS CERTIFIES that the building ACCESSORY BUILDINGS Location of Property 1375 PINE NECK ROAD SOUTHOLD, N.Y. House No. Street Hamlet County Tax Map No. 1000 Section 70 Block 5 Lot 39 Subdivision Filed Map No. Lot No. conforms substantially -to the Requirements for Accessory Structures built Prior to: APRIL 9, 1957 pursuant to which CERTIFICATE OF OCCUPANCY NUMBER Z-23285 dated OCTOBER 14, 1994 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 NON—HABITABLE ACCESSORY BIIILDING & ACCESSORY 2 CAR GARAGE The certificate is issued to HENRY BARRY (owner) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL UNDERWRITERS CERTIFICATE NO. PLUMBERS CERTIFICATION DATED *PLEASE SEE ATTACHED INSPECTION REPORT. Rev. 1/81 N/A N/A N/A BUILDING DEPARTMENT TOWN OF SOUTHOLD " HOUSING CODE INSPECTION REPORT �OCATION.� 1375 Pine Neck Rd. number & street SUBDIVISION MAP NO. NAME OF OWNER (s) HENRY BARRY OCCUPANCY (municipality LOT(s) (type) (owner—tenant) ADMITTED BY: MARY BREWER ACCOMPANIED BY: SAME KEY AVAILABLE SUFF.CO. TAX MAP NO. 1000-70-5-39 SOURCE OF REQUEST: PAUL CAMINITI, ATTY DATE; SEPT. 16, 1994 ACCESSORY BUILDING (NON— TYPE OF CONSTRUCTION -WOOD FRAME STORIES I # EXITS 2 FOUNDATION CONCRETE CELLAR NO CRAWL SPACE NO TOTAL ROOMS: IST FLR. 4 2ND FLR. 3RD FLR. BATHROOM (s) ONE TOILET ROOM (s) UTILITY ROOM PORCH TYPE FRONT SCREENED DECK, TYPE NO PATIO NO BREEZEWAY NO FIREPLACE NO GARAGE NO DOMESTIC HOTWATER YES TYPE HEATER ELECTRIC AIRCONDITIONING TYPE HEAT NONE WARM AIR HOTWATER OTHER: ACCESSORY STRUCTURES: GARAGE, TYPE OF CONST. 2 CAR WOOD FRAME STORAGE, TYPE CONST. SWIMMING POOL , GUEST, TYPE CONST. OTHER: VIOLATIONS: CHAPTER 45 N.Y. STATE UNIFORM FIRE PREVENTION & BUILDING CODE LOCATION DESCRIPTION ART. SEC. REMARKS. BP 449 —CO Z-4116 FOR DWELLING INSPECTED BY DATE OF INSPECTION SEPT. 22, 1994 TIME START 9:30 END 10:00 LOCATION: BUILDING DEPARTMENT TOWN OF SOUTHOLD HOUSING CODE INSPECTION REPORT number & street) (municipality SUBDIVISION MAP NO. LOT(s) NAME OF OWNER (s) OCCUPANCY (type) (owner -tenant) ADMITTED BY: 10AAly J ACCOMPANIED' BY: KEY AVAILABLE SUFF.CO. TAX MAP NO. SOURCE OF REQUEST: DATE: 0 ff TYPE OF CONSTRUCTION -19d # STORIES-j— EXITS FOUNDATION CELLAR Al CRAWL SPACE �'VO TOTAL ROOMS: IST FLR. 2ND FLR. 3RD FLR. BATHROOM (s) TOILET ROOM (s) UTILITY ROOM PORCH TYPE /- DECK, TYPE PATIO BREEZEWAY n FIREPLACE GARAGE DOMESTIC HOTWATER TYPE HEATER AIRCONDITIONING TYPE HEAT WARM AIR HOTWATER 1 01 1% ACCESSORY STRUCTURES: GARAGE, TYPE OF CONST .417r-4 STORAGE, SWIMMING POOL GUEST, TYPE CONST. OTHER: TYPE CONST. VIOLATIONS: CHAPTER 45 N.Y- STATE UNIFORM FIRE PREVENTION & BUILDING CODE LOCATION DESCRIPTION I ART. SEC. REMARKS: INSPECTED BY DATE OF INSPECTION 7Z 2— 4e, I TIME START / RL5 END CONSENT TO INSPECTION n r() r� Ovnier(s Namc(; do(es) hereby state: the undersigned, That the undersigned (is) (are) the owner(s) of the premises in the Town of Southold located at which is shown and desigrnated on the Suffolk County tax map as District 1000, Section 70 , Block S , Lot _3 7 _. That the undersigned (has) (have) filed, or caused to be filed, an applica- tion in the Southold Torn Building Inspector's Office for the following: That the undersigned do(es) hereby give consent to the Building Inspectors of the Town of Southold to enter upon the above described property, including any and all buildings located thereon, to conduct such inspections as they may deem necessary with respect to the aforesaid application, including inspections to determine that said premises comply with all -of the laws, ordinances, rules and regulations of the Town of Southold. The undersigned, in consenting to such inspections, do(es) so with the kno-vi,ledge and understanding; that any information obtained in the conduct of such inspections may be used as evidence in subsequent prosecutions for vio- lations, of the laws, ordinances, rules or reg lations the To of Southold. Dated: _ 1;7 n( ature) U"�cl L A • ( N1 i (Print narns ) (sirrnature) (print name) ' z: w > g Cq � t� r -7/1 _ s-� 9 TUWN -'OF JOUTHOLD ROPERT RECORD �A OWNER STREET '7 % VILLGAGE DISTRICT SUB. LOT - I __ Z-. 61 - tI-t 0 i tAf - im LJ ,6--t I- - CC IV L C47 FORMER OWNER N E /> ACREAGE � w �� •si e�N / TYPE OF BUILDING 19 RES. 2,16 SEAS. VL. FARM COMM. � IND. I CB. I MISC. LAND IMP. TOTAL DATE REMARKS U VV YV/ V ' o Q -- � - ncI ,•,y1 CCS yi�� AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE Farre Acre Value Per Acre Value Tillable 1 Tillable 2 e� ✓ t Tillable 3 Woodland Swampland Brushland =.; - =" - c<F� f i House Plotsm=S�'�.,>; •n�r�"., •y.4r•3F'� �t�:'ca~s.�b''�h..i,:s'.;' .>.,:�'j:7a `, ------------- i 0 8011- i Total ti_-. `..' s.,.. < •- yak l 0l -1 - 10 IL, &.!A b nF;4p-,. iSOUTHOLD PROPERTY RECORD CARD --N 0* -11r, '` -:=r r`sn Sr ` ;� , i 91,; .,s,-�s><,, .:, . r`'�'• si a• STREET V I LLAGE DIST. SUB. LOT a. 041% i Y I V FORME OWNER N E ACR. TYPE OF BUILDING S W RES. SEAS. VL. FARM COMM. CB. MICS. Mkt. Value REMARKS LAND IMP. TOTAL DATE illable FRONTAGE ON WATER Voodland FRONTAGE ON ROAD Aeadowlarld DEPTH louse Plot BULKHEAD ota) "i'. .„4 '` -:=r r`sn Sr ` ;� , i 91,; .,s,-�s><,, .:, . r`'�'• si a• f l ��; Form No. 6 e TOWN OF SOUTHOLD BUILDING DEPARTMENT `s 1 6'1994 + �' TO[dN IIALL { 765-1802 BLDG. DEPT. TOWN OF SOUTHOLD A-PPLICATION FOR CERTIFICATE OF OCCUPANCY A. This application must be filled in by typewriter OR ink and submitted to the building inspector with the following: for new building or new use: 1. Final survey of property with accurate location of all buildings, property lines, streets, and unusual natural or topographic features. 2. Final Approval from Health Dept. of water supply and sewerage-disposal(S-9 form). 3. Approval of electrical installation from Board of Fire Underwriters. 4. Sworn statement from plumber certifying that the solder used in system contains less than 2/10 of 1% lead. 5. Commercial building, industrial building, multiple residences and similar buildings and installations, a certificate of Code Compliance from architect or engineer responsible for the building. 6. Submit Planning Board Approval of completed site plan requirements. B. For existing buildings (prior to April 9, 1957) non -conforming uses, or buildings and "pre-existing" land uses: 1. Accurate survey of property showing all property lines, streets, building and unusual natural or topographic features. 2. A properly completed application and a consent to inspect signed by the applicant. If a Certificate of Occupancy is denied, the Building Inspector shall state the reasons therefor in writing to the applicant. C. Fees 1. Certificate of Occupancy - New dwelling $25.00, Additions to dwelling $25.00, Alterations to dwelling $25.00, Swimming pool $25.00, Accessory building $25.00, Additions to accessory building $25.00. Businesses $50.00. 2. Certificate of Occupancy on Pre-existing Building - $100.00 3. Copy of Certificate of Occupancy - $20.00 4. Updated Certificate of Occupancy - $50.00 5. Temporary Certificate of Occupancy - Residential $15.00, Commercial $15.00 Date .. New Construction........ ... Old Or Pre-existing Buil 'n .;;! ................••..• Location of Property.. jR, ......... Pj�j<. Neck .. ...............SUV ¢/ .......... House No. Street ...Hamlet •. Onwer or Owners of Property ... my'..fl-e `ry ,1rey.......................................•... County Tax Map No 1000, Section.. �,0i.,,,. 5�. .. .._ .� ..Block ...... ........Lot. Subdivision....................................Filed Map ............ Lot ...................... Permit No................Date Of Permit ................ Applicant ............................. Health Dept. Approval .......................... Approval ......................... Planning Board Approval ........................ Request for: Temporary Certificate........... Final Cert Fee Submitted: $............................. te.....,o..... .............. ................ . .Pno Cj) �1—T2, 9R S APPLICANT_ FORM NO. 2 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) r1q' 4810 z Date r F•f: , 19....:`4) Permission is hereby granted to: �'......:..rO.. ..................... .................................... I....................... to...............i€.i�.irNt... iaW4.. ...is:...R. ::... g .. 44i......CCS............................................... ................................................................................................................................................................ at premises located at ............129- ....... T>.-tly" .? `':+:'r ,.. -�� ..........(.w/ ..R0a&..Q0Ltta80...O�.-Cre®k) Y.. . r' ................................................ aSou i2ld............ .... N -Yet ..................... ............................................. ................................................................................................................................................................ pursuant to application dated .............................J ......•••• S�••••••. 19.!7.0.., and approved by the Building Inspectory=g 09MIDIleted dvoillug to have M® klteb= VAito .Fee $.-11100....... Building Inspector FORM NO. 1 ' TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. Examined 19........ Application No Approved ........ ............... .. 19........ Permit No. ........................... Disapproveda/c .................. .....,............................................................ ............................................... . .............................................................. ................................................,1........................................... (Building �,nspector) APPLICATION FOR BUILDING PERMIT Date June 19 19 79 INSTRUCTIONS a This application must be completely filled in by typewriter or in ink and submitted in duplicate to the Building Inspector. b Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this application 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 issue a Building Permit to the applicant Such permit shall be kept on the premises available for inspection throughout the progress of 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 7 ...................................... .. ................// .......................... (Signature of appli ant or name if'a corporation) i'.:��••Nad glr.••FU..,... amAhold.,...N...s®.......... (Address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder ...... ......... ........ .............. ................... .... ., Name of owner of premises . �... .••..•., iC'C'L,�.®..��ic-.1`•1'54,....�leV,��' 1��'C:4r"'lo' Bar.. If applicant is a corporate, signature of duly authorized officer ............................................................................... (Name and title of corporate officer) 1 Location of land on which proposed work will be done Map No . ..................................... Lot No Street and Number ...................................SO t•hvld.....N.'........... ........... . Myw unicipality 2 State existing use and occupancy of premises and intended use and occupancy of proposed construction a. Existinguse and occUanc ................... of Yo b. Intended use and occupancy .........�iAii►!8 ...i�[3��'...4t..........)P............................................................ 3 Nature of work (check which applicable). New Building ............. Addition x . ... Alteration . Repair .................. Removal .................. Demolition................ Other Work (Describe) ........... .. ........... . 4 Estimated Cost..sigyooQ .............................. ....Fee ... (to be paid on filing this application) 5 If dwelling, number of dwelling units . ............... Number of dwelling units on each floor . ................. . PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and indica'-.-e 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. 0 ----- I l Ifgarage, number of cars.................................................................................... . .. ............... .................... . 6 If business, commercial or mixed occupancy, specify nature and extent of each type of use ............. .... 7 Dimensions of existing structures, if any: Front .. ......L{0 a.......... Rear ..........,-;{.;.o ..... Depth ......�8.o..... . Height ...1.5 ................ Number of Stories......C)NF............... ............ . Dimensions of some structure with alterations or additions Front .........52.0.... . . Rear ..40t Depth ......64? ................... Height ..........1 !.. .... .Number of Stories .... L 1: ......... 8 Dimensions of entire new construction. Front ..... 52 t ................. .. Rear .....r�.`;.ti .. ..... Depth ....241.. Height ...}.2. l........... Number of Stories ...........QN...................................... . 9. Size of lot- Front .....100 A .............. Rear ...........x;1{).0.......... Depth, 10. Date of Purchase ........... 1-0-15-6.2 Name of Former Owner fit'et�.c10 ..�i.�...�� �.�............ 11 Zone or use district in which premises are situated .. ..... R-1 ......................... ............. . I ........... 12 Does proposed construction violate any zoning law, ordinance or regulation? .. ;x .... 13 Name of Owner of prem isesN.f3rL.r.y... i.�....�a :�1 ....Address � n ..J :3 r. .: �.�r _ >La. © Phone No � �.' .,�.. 2392 Name of Architect.............................. . ..... . .....Address .......... ....... .. Phone No ....... Name of Contractor ................................. . ..........Address ...... .... Phone No PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and indica'-.-e 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. 0 ----- I l 0 I I ;TATE OF NEW YORK 1 COUNT`! OF ... ?:'t:�:r`.........JS.S. ... ..... .... ................... .....:.:................................. . . . (Name of individual signing application) above named He is the . . ...................... ...... being duly sworn, deposes :-:nd s,iys that he is the applicant (Contractor, ageni, r_orporate officer, etc ) of said owner or owners, and is duly authorized to perform or have performed the sc;id' work and to make and file this application; that all statements contained in this application are true to the best of his Icnowiedge and belief, and thar the work will be performed in the manner set forth in the application filed therewith Sworn to before me this �.. day of ............... ...... 19 l 1 l J ,- Notary Public, ...... � Ik.......� i:.......V. County (Slgnaiure of oppii nt) MARION A. REGENT NOTARY PUBLIC, State of New Yn,� � Jio. 52-3233120 Suffolk c,uunty T-10 Fxxires march 30, _ � : -i- I f 0 I I ;TATE OF NEW YORK 1 COUNT`! OF ... ?:'t:�:r`.........JS.S. ... ..... .... ................... .....:.:................................. . . . (Name of individual signing application) above named He is the . . ...................... ...... being duly sworn, deposes :-:nd s,iys that he is the applicant (Contractor, ageni, r_orporate officer, etc ) of said owner or owners, and is duly authorized to perform or have performed the sc;id' work and to make and file this application; that all statements contained in this application are true to the best of his Icnowiedge and belief, and thar the work will be performed in the manner set forth in the application filed therewith Sworn to before me this �.. day of ............... ...... 19 l 1 l J ,- Notary Public, ...... � Ik.......� i:.......V. County (Slgnaiure of oppii nt) MARION A. REGENT NOTARY PUBLIC, State of New Yn,� � Jio. 52-3233120 Suffolk c,uunty T-10 Fxxires march 30, APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 BOARD OF APPEALS TOWN OF SOUTHOLD November 9, 1999 Re: Appl. No. 4749 - Leslie Windisch Variance Hearing Dear Moore: Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 With regard to the above application, this is a reminder that a copy of a letter or other action from the County Health Department regarding the change of the accessory building from its present use to sleeping quarters was requested by Board Member(s) at the October 14, 1999 hearing. If you would like a copy of the hearing transcript, please stop by any time. The cost would be $11.50 for 46 pages. The public hearing is scheduled to reconvene at 7:30 p.m. on November 18, 1999. Sincerely yours, U E D P. GOEHRINGER CHAIRMAN OCT - 5 W V QLF)G DE TT. IN OF -i T •'.'QLD Town of Southold Main Road Southold, New York 11971 Att Edward Forrester Dear Mr Forrester- 1295 Pine Neck Road Southold, New York 11971 October 4, 1999 �6[ e -e I l j OCT � I am writing to you to express my many concerns regarding the property adjacent to mine, located at 1375 Pine Neck Road, belonging to Mr Windisch. I have visited the Building Department on several occasions to discuss the renovations on Mr Windisch's cottage After my last appointment with you, I felt it best to contact you in writing. I have discussed with various members of the Building Department that Mr Windisch had mentioned the cottage was going to be renovated for rental purposes, however, the building permit was issued for a "shop" My primary concern is that Mr Windisch's cesspool for the cottage is too close to my water supply (well), about 70 feet away When the previous owner applied for a building permit to erect the high ranch that is now Mr Windisch's residence, the permit was issued with the contingency that the cottage would be vacated and never again be used for habitation. The previous owner followed this, moving into the high ranch and never again used the cottage as a residence. If the cottage now becomes used for sleeping quarters, my water supply will become contaminated. There has been new plumbing added, with distinct areas within the cottage for a kitchen and bathroom, although, to my knowledge, there has never been any inspection for the plumbing. A 500 lb propane tank is attached to the outside of the building, which, I believe, is in direct violation of the current codes. These additions lead me to believe that there will be more than a `shop" in the building. These many changes and possible violations greatly concern me I would very much appreciate a response from you regarding this situation. I would like to thank you in advance for your looking into these concerns Sincerely, PLI,1l;nING ALL PLUMBING WASTE & WATER LINES NEED TESTING BEFORE COVERING If copper tolbing is uzed for water distrib-Wing system; piping shall be of types K or L only PL UMOER CERTIFICATION ON LEAD CONTENT 6FF08 CERTIFICATE OF OCCURI-1 VV SOLDER USED IN KATER SUPPLY SYSTEM CANNOT lr1%CE E -D 2110 OF I% LEA 0. (no C --,D , 0 T E LINDEMIRITFRS CERTIFICATE I i REQUIRED ,i . 0CCUPANCY OR USE IS UNLAWFUL JVITHOUT CERTIFICATE !OF- OCCUPANCY E: �: N0nFY BUILDING DEFMMENT AT 7115-1802 9 AM TO 4 FM FDR 7W F LLOINING 1 FOUNDATION - TQM MMMED R FOR POU CONCREM 2 ROUGH - INSULATION 4. FINAL - CONSTRUCTION MUST BE COMPLETE FOR C.O. ALL CONSTRUCTION SHALL MEET THE REQUIREMENTS OF THE N.Y. STATE CONSTRUCTION & ENERGY CODES. NOT RESPONSIBLE FOR DESIGN OR CONSTRUCTION ERRORS FORM NO. 5 TOWN OF SOUTHOLD BUILDING DEPARTMENT 00- TOWN HALL VA00 G. O=U"n%.f I- ,IN. "^ BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) �J� ����� �� ^"~ w���� �~ Date ----'~ ........................... 19? Permission is hereby granted to: --_-'`--_--_.—.—_--.--'_—._--.----. --.--_. -----------------~----`---' — --'-------`--`-------` --- ot premises kcoto6 at ........... zt�z .... �����... ....... /�......... ���_�._- .--. ' ��� �� County Tax Map No 1000 Section —����----. Block —'����—'-' Lot No. .._��............... pursuant to application dated .... ............ . 4�v/ .................. 192 Building Inspector. Fee $—.0 00 1 ' --.-_.---uildin Inspector — Rov 6/30/80 _i: � L D� I L :; :' : C; i. u� 7 � � U ,, •1 �•. � i; U t`•t?�t E: ?1 T N 11 'U 7OU14DATION ( 1st) 1-I \ FOU14DATIO14 ( 2nd) 2. c 1 L � �7 ROUGH FRAME & ell 3 PLUMBING 3. I14SULATION PER N. Y. by . y STATE ENERGY CODE � f r c FINAL x ADDITIONAL COMMENTS: rr H H � O Z . x v� r 11 W.5 T PLUNMING ALL PLUMBING WASTE & WATER LINES NEED TESTING BEFORE COVERING GAS 1'? 'ij If copper tubing is used for water distributing System; piping shall be Of types K or L only PLUMBER CERTIFICATION ON LEAD CONTENT BEFORE CERTIFICATE OF OCCUPANCY SOLDER USED IN WATER SUPPLY SYSTEM CANNOT EXCEED 2110 OF 1% LEAD. T 57 UNDERWRITERS CERTIFICATE REQUIRED OCCUPANCY OR ,.USE IS UNLAWFUL WITHOUT CERTIFICATE !OF OCCUPANCY Nifew Is Nile L4.1 F114AL #AUST SECOWLM11101ca ALL OWL Um THE of in ILY. STATE cmismano a mmy CODEL Na N58porUMM p" ESM OR _-_MUCMgjmM TI -p� I. 't3'" FR00 14 7- p"c," T)i goq�FRom IRO)NI p4pc--s! I -o C 0, 7.) 6- 172- T -V -B C ITIS -0 r �K. -T) 9 1 OJZ WF)Lt;.S. 4- ��v te: IF 6 Cf? - I T4TA I L L'4Q—A DT c- 7, D. r -Ts ,TTc7fz-- L:I- C:U-) WlNvoLd ;Et SF:.-�R V Ic C 7 foo PX! UPS TG0 m FOItM NO. TOWN OF SOII•T110I.1) BUILDiNG DEPARTMENT TOWN iIALL sou-1•IIOIA, N.Y. 11971 TE'L. 765-11102 Approved ... /..Qll...., 19y� Permit No. .�.r�f.G... Uisnpproved arc .................................. BOARD OF HEALTH ............... 3 SITS OF PLANS ............... SURVEY ........................ CHECK ......................... SEPTIC FORM ...../....' .......... . NOTIFY: r/,j i $C- CAi.I. .� . jS... � ..... MAI1. TO: I;7.-.75 .............. 1.) ........... .0 .............. ...................................................... (Iktit/11 speCLO r) AIT1.11CA'rioN FOR BUILDING Pi'sllMl.•l' % ..Date.... q....� .... , 19�.`. . INSTRUCTIONS a. •this allAicaLicxt nitst be c64)letely filled io by typewriter or in ink itijJ sulxnrttecl to Lhe iktilding Inspector will 3 :;ets of plans, accurate plot plan to scale_ Tee according, to schedule. •• b. Plot plan r�lxxaing location of- lot nod of Imildingn on premises, relationsldli'lo adjoining preniren or lx:blic :;I.rects or ar(2as, 1111(1 tliviog n detailed de neripL'ion of lnyout of properly mist be drawn on Lhe dingraiti which is part: of Chis application_ c. •IILe work covered by thiH application i,rry rtot be connr_nced before isstua)ce of Ikwilding Permit. d. Uixxt allwoval of Chia •application, the lkwilding Inspector will issue a iuilding Permit to Lhe applicant. Such lxn mit shall be kept on the premises available for inspection Lhroot)-tout Lhe worlc. e. No Wilding cliall be occupied or used in whole or in part for arty Ixwriose whatever until a Certifical:e of Occulkax•y shall have been granted by lite Ikrilding lnsNuor. I Al'17 ICN1 ON IS IiUT.11Y ME. to Lhe Wilding Depatrlrnent for Lhe issuance of a Wilding Permit 1mrst:ant 1:6 Che Rttilding Zone Orclirknce of Lite 'Itxart of Scx)tlxwld, Suffolk Ccxmty, Neta York, and outer applicable i us, Ordihances or Regulations, for Llwe construction of lxwildings, acklitiotts or alterations, or for resixTval or detnolition,,as herein described. the applicant agrees to c(ntply wills all applicable laws, ordinances, Wilding code, housing code, and regulations, and to tx1uit mid wrized inspectors cm prrrnises and in buildin' fo tf; y inspe• i s. (Si yvaLure of alrl)licant, or nrrT:e, if a corlxwat ion) (MailA ng address of npplicanl) Staiewiggw.diehr��ti9pplic7anl is owrier, lessee, agent:, architecL, engineer, general contractor, electrician, phnix:r of 1-ildCr ...............................�.....................t..�.........C.................................... t-Usie of: oLrtxr of.. premises L!. �.. [ t �� �%.. I.ldSL 110 R� � `! . � J�l� i �"� �............................ . (as ott Lhe tax roll or lnLent deed) If' applicant' in a corlxwralim, aiv-vaL,,re of: duly miot rivcd orf:i(:er. ......................................................... (N:ne nod title of corlx)rate officer) Iktildern License No. ...amVL�. fa'.......... Pludtern 1,iccn:;< No . ................aa......... 1:Iccttri Anon i..icense No. ............. ....... Other Trade's Licenne No . .................... I. liwalJoii of mixt rnt which l)rolxwred txatic will. Ix:cl<nx!.............................................................. 13 � ...............X11,1 SLI � . .................o�?. r �c�?. ......................... Ik>ttse finiaer Street ��.j� 1 inlet ' t CtxitILy Tnx Map Di). 10(X0 Section Rl(x:k !.�.Y.. .. lctL' Y.. .. . vD ,kilAivisicxt...................................... Filed Kip No. ............... ioC U..�.l !0vQ Mine) 2. State e.xint.ing une and occgt.-n,cy of premises and int-eaxled life .,�aodl Cupatxy of prolx)sed construction: at. 1?xisLing one atxl (x.taalwatwcy .... !.Y.. .!�.4'?L..fis H .0 r ......................................... lt. inteitrk•cl Ilse mxl oCCul>uxy ... �I....... fi� .._1.0 ���19C....../. '.�....��v..........�e �V .IASL TTW2.1 TA38OR 71wY weV, to esss2.3ildu9 the1011 VInuoD Alotiu2 ni bafiilsui) 6"iw�\S,.x,SCA3:> iU .00 ...........i� VJA esiigx3 tmeT Rilu,u of will. (Hueck [Ahicll al'l)licable): K. -w Ikhildiryl .......... tuldil'ion .......... Al Carat ion ...... ... I(t:lurIh Itc+novnl ..... ..... Tk t)l Ilion ............ Other Work ................4.......... .. ... Wwwrlpt'i(xl) lint. ir,4h(e(1 Goal:. . fir. v v v....... fee .............................................. (it) be lurid on fi I int; this npplAcuticar) 11. rha!I l hhl„ ilotiber of (k40l l ing tini In ............ Iklibur of cA4011 ing 111111.0 our ench floor ................ 11; gurnl;e, t,(nlx:r of caro ...................................... If Ixullru:nn, cn,me:rc:lal or 11dxr:(I (x:culuax:y, nlx:clfy onttire nhul exi.wil: of u11clh lype of tine ...................... I)iux nnirxul of exi s1. hhls nl'rhu tur'eo, If any: 1?ra)t.. p(J �:. L . llenr .;? 7.? o .... Ik pth �%... I // vvv Ik:il;lhl: ..... � ..:............. lar,l>er of Scor -lull ..... 1................ \ Ilinhc:nilloos of. sure utnuture with alt'eratfoon or i0dil:loun: Front' ..2.5.�....... itear ....... Ik:p(lh ...311)........... 1)eiglht' .... M.! ........... ilmber of lil'or ieli .... J.......... Ililwilulrxla,6I` enlf[e Iww conlitriva:lcxh: Froot ................ Bear ............... i)eplh .............. Ikit►)l: ................. .... . i xiber of SCorieu ... ............... .r .i . I Si'f.. of lot. 11 cxht .%J./y/.'.Cy/.j' ........... Item ...i%0............ lk�lil.lhp.. Z-/ Si Dale of 11nrhntu: ... [.L.C.5.......... Now of Fonaer Owner ...� ��L'.�........................ 11. 7cxx: or m;e district In [Ahich.praniaen are niLlk)ted.............................................................. 12. ilxln proponed ccx)striwLion violate any zoidng lthw, ordinnoce or relluluticxt:.,,,,�),(�................ H. Will lot be regrtxled .....lVf.C]..(.......... Will , excens fill. he ranoved frc>,n prolliaen: i7YES 110 I/h. 11►hx:n of 0),nxlr of pronlses (4G,4J 6A.%1.�j)i.SC1A. Arklrenn l 7.S ..P.i��..N. �� ..1? 11hooe No . ............. Halt! of Arclhh ec:t'.................................... Arkirean .............................. 1lhrnhe No. ............ Halt! of Cxxitrn(:l:or................................... Acklress ......111cme No. ............. 15. in this proillnty willhln 300 feel' of.ln tidal wetlaIU17 * YIiS .......... NO .......... kiL, YI.-S, smilm) lam 'I1111Sms 1'liln•il'l' t•]AY Ill: m.(illlflli0. 1'1.0'1' DIAGRAM 14x:1110 (:]early alxl distinctly all lxrildingn, xAhet.her existing or proposed, and indicate all set -back dlnhensionn frau property lines. Give street nrxl block txahl>er or (klacriptloo according to deed, (nd slur" street ncnhen and irwiicnl:e (Ahether inlerior or'rorner lot. !NWil., (R? IX -14 Y(Nd( (IXIt11Y (Rr ...........AM.��. t t5-1014 ...10.�S cw................... duly sworn, dulx)nes aril says lhol' be In the nppl Icanhl. (IL•nc: of irxlividunl. r,igniog cont.1-130:) ,dxrvu mond, Ik! ill Ilhr: .. ..................... ................................................................ ((oit: 1'actor, rhgent, rorlx)rate officer, el.c.) OF slid c>.4cx:r' or (n.nx:rn, 11rxl iM duly mrlhorim-41 to lx!rfonn or hMvc: lx!rfonh,r!(I (.he Mild (x)rlc 11191 to m;dce rind filo Ilcin nl,pl ic:nlion; lluhl: n1l. alllccrintn c(nit:1[i1x!(I in Ihia app] icution are 1:rhx-, to the 1x1111: of hill klxwledge nhxi Ix!I ief; old Iluhl. Illu Mnl( will In! perlonh,ed in III(! IhVlllrx!r' MeL forth h1 the uppl.icall:iun filed therewith. !Arora to Ixlfoh0 lit!tlhiM .. .. ........day )f ,� I J..�.. Ik,l my Nhbl is . (SignactIre of Appliclrnl:)'. ROBERT1. SCOTT. J Notary Publi4L State of N Deft Qualified M Suffolk Co No.01SC472 Twm Expires May 31. I, II-11olu of (J(nl( (rbeci( 1A1icb U1111icmbl(!): f•k:(J Iklildlofl A(IdIt!oil .......... AllernLIoil IG!1,111� ......... 141,xrvn1 ...... :...... I 11:1(111 001er 1Jc11k , (, J ,1' /l (Iklucriptirn,) r, I?n1.111v11ed (:mt ....�.E, .vvv.;..... fen ............................................ . ( ( o Ix! pmId on fol loll Ibim 011141cflcloo) i If: (kn!IlIng, 1Kadler of: (kA!lllnfl (Inion ...... ..... Ikeiber of rkJrlllnll unlln 1x1 cocll floor ......, gmrule, 14AIN!I• of corn ...................................... fi, II` Iwmllx!nn, cnnleu'clnl or mixcld (x!r-ulxux:y, ulx!cll'y urllurm mxl exLr,111: of ear.11 (yl)e of ume................ 7. 1)ina!nrt irnill of exhiL info nl'r1x ur'en, If noy: Ilr(w,t'...�115 .. ,�!... .... DepLit � v Iw:Il;llt. ..... ................... IAe,lx!L of, fil:(Irll!r1 .....1.. I)inx:nni(x1:1 of:,nnlr_ ul:toc.hire x1111 niterntinn or rxlrlil:lorin: Front,. ��,�..•.... Itenr r2 )........... Ilelf;fll: .... M. !........... Ikalller of SL'(1r ien .... .......... II, Iliu 1illI n1,l,6f` cnllre MN coouLm(:I:Iw: 1 rtHlL' ................ 14nr NplI, .............. Ik if1U: ................... ... 1Anlxlr oC fitorlea )ono ` ') :iil.e of 1x11:: lhcnll: .%.Q..C���Y........... 1(e 111' ../ vO.l............ /lkllilll7... 10. 1 11 c: of 1111'chilm! ... / .0 •5.......... ll gm of Fo111x'.r (AJIWI ....�!(� I� J .. ....................... . I I 7.rx1(! or ume dist, it:U in rAlicb pr(�nincrt tare 1141Jnle(I ......... ............................................. ..... 12. lax!m pr'ofxlmed conlstimtIon viblol'e tally zo(linfl ltwt, ordimoce or requltiLitxll ..(/ I1, 6fl I l I of be reflr(xkd ..... N.. U , ,, , . , • , , , , Will clxcena fill. I:e rcnlx)ved froin prc,ni nen: YES 1JC) Ilrolr!a of (Xnw-,r of prrinlsee �7&�..w.J..SCh.I. A(klranm .P1Ne..N.���:.:J?�. 111(11x! rfl) . ............ Ilir,e! oil Architect: ....................... lvklrefltt .........,..................:. 1,1oI1e 1Ja. .,.......... f(r■n(! OF ('cxitrnc:tor................................... luklleno...............................I,1c11x? rl(1. ............ In Ibio pr0lx!1L•y 1JILbin 300 feel of.ln Lidal 1Jel'lmxl7 * Ylifi .......... *IL'' yl -us, ;i(Alilxxl) -ax-Al-Ilaimmq 11111.11.1' MAY Ill? 11L(�I1lllrl), r FLOT DIAGRAM 1-:11to clearly 111A distinctly nil lxllldloan, tAlel.11er exloClnfl or prolx)sed, rxxl ilxllente tall flet—baric 1111m i lona fr(nl prolx!rty llnen. Give ntreet nrx) bl(xac rxnlxlr or tk!ta(,riptial acrordin[l L'o deed, mxl flllrx� nCreet tauten mxl Ilxl(r.nle (Axlllw:r' interior or'(:onv-,r lot'. MAIF.. (W IVAJ Y(NII(, ISS ......... Ix!inll duly mmr'n, (I(:lx)nem flow[ miya lhuL lo(! ill (I)(t mppli(rinl (IL•eot! of ilxllvidu11l 11iflnlofl cunl.rn(•1:) IN! III 1111! ... N ;y. (01111.1-11clor, mflenL, rurfwlrnle of.fi(•er, el( ) of nni11 "JIwlr UI' (n.xK!rt(, 111x1 In duly nulburizr(I Lo IK!rfolw tar b11vo fx!rl'orrlyd LIm mild vmrk ulul 10 11adu! tflwl I"il(! IIIi:1 nppl i(:111.1on; Il,nl: 1111 11(+1La1x!ot1) crnll:rli'K!d in I1011 tippl ic11Lion mo 1:11K! Lo elle boat of lilt) Ioxl(JI(!(Iflo 711x1 Ix!I ief-* 111x1 111111. Ill(! tn)11c Will Ix! lK!r'fo(nx!(I In Ilio IIVII,Ix!I' Iml: I(11'III in Ilm 11pplicntioo flied (berew+l(ll. :?�.v('n I n bq (1111! tar! 111111 ` `i........ (Illy Ik)1 t)1 y 11411 ic: .tea? ROBERT 1. SCOTT. J Nwarr Public, Stat®of Ne c�k Qualified In Suffolk Co ty No.OISC4726080 Term Evires May 31. (Slfl11r11:ole of Appl1(1111t) m pours no. 'I -OWN of-' SOIITHOLD 111111,11 I NC Ultl'ARTMI'.NT Soll'f1101.1), N.Y. 11971 765-11102 9 six:®uir,ccl...!.. ... . ... , 19./.. c Permit. Ik). I)inaapprcrved u/c................................ 110A111I Ul' IilsAl:l'I ............ Sli'1•S OF 1'1.AtIS .......... • . • • • :ItlltvitY ....................... CIIIICK NO'i'IPY • // ` CAI.I. MALI. '1'0:(��.75.............. ...•...... ... (Iktll 1 1, Mpec[or) Al'1'LTCATION FOR IIl1f.1.111NG l'ltltl•11.'1' q - .....19.Ifa 7 1)a Le .............. 1 N:i'!'ItIICI' I ONS ::. 'Ibis ul,l)lic11Licna nasal 1)e ccasq)letely Lilted in by Lypta eril'er u1, is► iuk.atpCl. sulanrr l'Ced to Lite Iktilding I,,Slx:ctor will 1 neu; of pluua, accuraLe ploL plan to scale. lee uccurdlnp, to schedule. la. Hot plan sltcxallag locatlon Of. lot all of Ixaildlar�a)LtofremperlyreuM Ile (Irlcx+no(x1111,eadira�,1raagudAriclscaitzllr>:u't+caf el acsa:t or meas, 11x1 (,ivillg n cletallcKl clescripHo„ of. y P Ilti;t applicaLioc,. ::yr• C. 'the aaork covered by Lh[H• u1)pllcatiaa rury Ix)L Ile ec>'utelx:c�d before isstuux:e of Iklilding l'ermtt. d. 111xxt u1>t)rYrval of Lhls" applicatlaa, lite Iklilding 1nt;pector will isr,ue a lk)Ilding Pell It to Lite apps ic11nt. Stith Ix:twiC I:lu1l1 be kept oo Lite premises available for inslxcL'iaa UarYxll�uxaL the work. e. a) I>\Ill(liog sluill 1)e occupied or used Ica whole or in part for any lmtrlx,se litatever 11,,1'11 a CerCific11l.e of lk c:ufwlx y 1:11,111 have lace,, granted by the lkellding TnspLeLor. iOw for Al'I'LI(AI".l(lN l(i IP'sltlillY 1•IAIX: to LiteSWilditxtfl. 'll l '.ollcCcxnty lLl)h of 11 dilig NocaYorlc,enl 1U o�l1 eral 11cet�1 ble1aws,01�1111)1'1x1"' °' Iktildutg Looe Ordiozioce of Uae 7tx.rca ni(xl al or 11811, Ilhl;ulaLicnts, for l.lae ecxastnx ia,l°f`cal,Idiwitll td.llappllciablellaws,iordifullices, building code,�bal.9ing e'ex1ee1111x1 clescrilxd. Jbe aPlilicanL agrees 9 y fo ne la y lntalmc is ata. 1'ca,ulal:lcxts, ulxl to Wlttil Millaoriae(1 }nspec.Lors cxl p-1011kes atxl in IxaiDdinl� - `� ... .... . .............. (:iiglualure of applicant:, tic llrilx:, il` a rorlxnniton) (r>i111 ing 11(klress of oppl ica,,L) ti1111e w)u:ther u1,,alic:11nt is cxalx[, lea:;ee, 111ten1:, architect, engineer, ge+xi111 contractor, electrician, pluslxn. 01 Ixtildc•r a................................................................................. tla n■: prt�ui: es ?�••—(' l�ld'�o.V�.I1N.�7.1SG........................... of om. ur of (as oct tlae Lux roll or 1ttLLal deed) If aq,plicanL is n (-oclx)raL1cx,, sigauft,ue ol'. dstly aul.lx)I-irt:d officer. Iuxl t.ille of corporate officer) OLA-) JV (5 ►? ......... Ikti Idc:ra I.icen:ae No. . 1111: ix:ra I.Ic.mwe No. ........ ... a. . . 1?Icct'ru;tunn 13c01ne a-) . ..................... 1Ir 001(-�i •Trade's License No. I local.icna of bawl oo wlti(:h prol))ae(I wc)Ik 14111 Ix: dotxe ................................... ..............BJ1I . Iv C-1 ..:1�?�..............:�cvv r���L. -p ....................... _ 1 silet Ikxtse rAntlxr S/t�rycel: �� .Y.Q ®0 (�o (l { 0 ! 111 cx:k �.. l v l' Y• .... ll. . GAmLy Tax KIP Ik). '(XX D Secticxt a �a .... • (;ttlxlivi:aicxt ............................... tailed K -11a No . ............... 1<)t' .l ®V- (N:rtae) 1. Gt111e axial ing o:;e ,,sod cxcaq>n+x:y of Ill QS 111x1 inl:elxled uSe 14x1 :cupuncy of prolx)sed rcn,fitrucaion: :C�.r?� L fi's H �............................................ 11 I?xi:aling title alxl (x:ctiluux:y •. sH 0 ST 0 1z 1) ..... .... v i. -. Intelxled Ilse 1111 occopal y ... rv� •i:l. '1"1:1'52 .11ti3�f;ll tJnu�'.i dlc'ti,,�` ni F,aiI;IRufJ �,,,,,,•,.•d.ad4. 11•.1,.1 c:L' :i;jx� aP,)(T 765-1802 BUILDING DEPT. [ ] FOUNDATION IST [ ] FOUNDATION 2ND [ ] FRAMING [ ] FIREPLACE & CHIMNEY REMARKS: [ ROUGH PLBG. [ ]INSULATION [ ]FINAL DATE -INSPECTOR__%���/� 765.1802 BUILDING DEPT. INSPECTION [ ]FOUNDATION 1ST [ ]ROUGH PLBG. [ ] FOUNDATION 2ND [ ]INSULATION [FRAMING [ ]FINAL [ ] FIREPLACE 8 CHIMNEY REI)IIARKS• ©T�~ DATE 5 �'l l0 INSPECTOR TOWN �,OF _�-OQTHOLD OkOPERTY REC -.---CARD 15--'? 9 040, OWNER STREET yr VILLAGE .DISTRICT,' SUB. LOT JORMER OWR 4 rj-4 � J 11)-r N E ACREAGE 711 RES. Z/Z5; SEAS. Cie f VL. FARM op, 41 W, e comm. IND. 7-- TYPE OF BUILDING I CB. I misc. LAND IMP. TOTAL DATE REMARKS -71 't'v 7 �,7 AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE 5-)'? -7 /4 L �a v 0, 0 ki ce SS �4e) Form Acre Value Per Acre Value 0 co Tillable I lo e,-7-- cwCA4 Tillable 2 Tillable, 3 Woodland Swampland Brushland House Plot Total ti +'. �; �, ` it j ':""" �'` - ,�;! ,.;, � ii� I� 6 � ` � 1 7� i � i:' •i "i t w � �. Vs ` a.................... ik zT M O Z M 0 0 0 N 5 ° 00' E AR r OVERHEAD Pole '-'- S5° 00'W I., ®AKL A _ CERTIFIED TO: NATIONS TITLE INSURANCE OF NEW YORK INC. OMNI ABSTRACT CORP. ( 9408- 296404) LESLIE WINDISCH ROSE MARIE WINDISCH PNC MORTGAGE CORP. OF AMERICA DIST. 1000 , SECT. 070.00, BLK. 05.00 , LOT 039.000 (466' MAP) 462.50' y. a ' r �O OF SECTION 1209. SUB-DIV,SION 2. OF THE NEW YORK STATE O 0 EDUCATION LAW. mOa '• ONLY COPIES FROM THE ORIGINAL OF THIS SURVEY MARKED (l1 9 WITH AN ORIGINAL OF THE LAND SURVEYOR'S INKED SEAL OR n 4 SEAL SHALE BE CONSIDERED TO BE VALID TRUE COPIES. m m CERTIFICATIONS INDICATED HEREON SIGNIFY THAT THIS C z N/F GUS SIDERIS m - O (427' MAP) o YORK STATE ASSOCIATION OF PROFESSIONAL LAND SURVEY- � ORS SAID CERTIFICATIONS SHALL RUN ONLY TO THE PERSON � FR- GAR. H,N N FRAME THE TITLE COMPANY. GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HERE(+N. AND TO THE ASSIGNEES OF THE 421.14 SERVICE 0.5'E. /R.t WJRE PeNCE GARAGE FERABLE TO ADDIT10NAI INSTITUTIONS OR SUBSEQUENT 0.5E. W000 �, OJJ LJN[-' ± SWELL •gar - (516)-724-4530 v PGNCE p TOWN OF SOUTHCLD N6do META? METAL i Z PVNP �P` 1 O SARAOE � ON BLOCK: — LOT: 8 fi0U5B N/ F JAMES l9 ZO A. WILLS 4 , � 0 I STORY tr i 0 FRAME 2 w a Jig FRAME r yy' v� RAISED RANCH DWELL. DWELLING 2a.� (466' MAP) 462.50' y. a �O OF SECTION 1209. SUB-DIV,SION 2. OF THE NEW YORK STATE O my C3 EDUCATION LAW. mOa '• ONLY COPIES FROM THE ORIGINAL OF THIS SURVEY MARKED (l1 9 WITH AN ORIGINAL OF THE LAND SURVEYOR'S INKED SEAL OR n 4 SEAL SHALE BE CONSIDERED TO BE VALID TRUE COPIES. m - N CERTIFICATIONS INDICATED HEREON SIGNIFY THAT THIS C z m •� m - O N W tD YORK STATE ASSOCIATION OF PROFESSIONAL LAND SURVEY- � ORS SAID CERTIFICATIONS SHALL RUN ONLY TO THE PERSON l� • • " • N FRAME THE TITLE COMPANY. GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HERE(+N. AND TO THE ASSIGNEES OF THE Thomas g Le Li SERVICE INSTITUTION. CERTIFICATIONS ARE NOT TRANS- WIRES GARAGE FERABLE TO ADDIT10NAI INSTITUTIONS OR SUBSEQUENT MON. 4 ZEE. Licensed Professional Land Surveyor •gar - (516)-724-4530 SURVEY OF PROPERLY AT SOUTHOLD POLE TOWN OF SOUTHCLD ,gin p5 C?tt¢ Gn°� META? METAL i Z MAP OF "PROP. OF G. WELLS PHILLIPS �P` 1 O SARAOE BLOCK: — LOT: 8 SHEDS f� N/ F JAMES F. a MAUREEN A. WILLS n7iTi5(lBu� , r 0 (466' MAP) 462.50' y. a �O OF SECTION 1209. SUB-DIV,SION 2. OF THE NEW YORK STATE O my C3 EDUCATION LAW. �Q. Sri 3 ONLY COPIES FROM THE ORIGINAL OF THIS SURVEY MARKED (l1 9 WITH AN ORIGINAL OF THE LAND SURVEYOR'S INKED SEAL OR u mp a SEAL SHALE BE CONSIDERED TO BE VALID TRUE COPIES. r � X s - N CERTIFICATIONS INDICATED HEREON SIGNIFY THAT THIS C z m •� m - CODE OF PRACTICE FOR LAND SURVEYS ADOPTED BY THE NEW N W tD YORK STATE ASSOCIATION OF PROFESSIONAL LAND SURVEY- z O� �O OF SECTION 1209. SUB-DIV,SION 2. OF THE NEW YORK STATE my C3 EDUCATION LAW. ONLY COPIES FROM THE ORIGINAL OF THIS SURVEY MARKED WITH AN ORIGINAL OF THE LAND SURVEYOR'S INKED SEAL OR mp a SEAL SHALE BE CONSIDERED TO BE VALID TRUE COPIES. ° CP 0 CERTIFICATIONS INDICATED HEREON SIGNIFY THAT THIS LA N SURVEY WAS PREPARED IK ACCORDANCE WITH THE EXISTING •� CODE OF PRACTICE FOR LAND SURVEYS ADOPTED BY THE NEW N W YORK STATE ASSOCIATION OF PROFESSIONAL LAND SURVEY- � ORS SAID CERTIFICATIONS SHALL RUN ONLY TO THE PERSON l� z UNAUTHORIZED ALTERATICN OR ADDITION TO A SURVEY MAP BEARING A LICENSED LAN[ SURVEYOR'S SEAL IS A VIOLATION OF SECTION 1209. SUB-DIV,SION 2. OF THE NEW YORK STATE EDUCATION LAW. ONLY COPIES FROM THE ORIGINAL OF THIS SURVEY MARKED WITH AN ORIGINAL OF THE LAND SURVEYOR'S INKED SEAL OR SEAL SHALE BE CONSIDERED TO BE VALID TRUE COPIES. AVEHIS y.. CERTIFICATIONS INDICATED HEREON SIGNIFY THAT THIS SURVEY WAS PREPARED IK ACCORDANCE WITH THE EXISTING CODE OF PRACTICE FOR LAND SURVEYS ADOPTED BY THE NEW YORK STATE ASSOCIATION OF PROFESSIONAL LAND SURVEY- ORS SAID CERTIFICATIONS SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED. AND ON THIS BEHALF TO THE TITLE COMPANY. GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HERE(+N. AND TO THE ASSIGNEES OF THE Thomas g Le Li INSTITUTION. CERTIFICATIONS ARE NOT TRANS- curse ����� FERABLE TO ADDIT10NAI INSTITUTIONS OR SUBSEQUENT OWNERS. Licensed Professional Land Surveyor •gar - (516)-724-4530 SURVEY OF PROPERLY AT SOUTHOLD „�"a ,'� �"-"'J- PO Box 701 4k�0.�� Jericho. NY 11753 TOWN OF SOUTHCLD ,gin p5 C?tt¢ Gn°� COUNTY OF SUFFOLK, N.Y. (FILED II -06-1909 #297) i Z MAP OF "PROP. OF G. WELLS PHILLIPS �P` 1 BLOCK: — LOT: 8 SCALE: I n ' 40' DATE: DEC. 9, 1994 Th gieY.r xoase64 n7iTi5(lBu� iej N/F GUS SIDERIS to N 5 O 00' E FR. GAR. MON /RR W/RE Pe^'GE PCNC� O PVHP f/OUSE I STORY s �L FRAM E r y2tr e� DWELL 0 10 (427' MAP) 421.14' �WCLL o NH4o ON VJ C ZO u ' O v � o FRAME RAISED RANCH DWELLING 2a.a rh V./ '4 O ^� FRAME OVERHEAD SERVICE WIRES GARAGE MON. 4 2'E. aece c C O 00I 11/ POLL I STORY FR 1, OAK LWA N CERTIFIED TO: NATIONS TITLE INSURANCE OF NEW YORK INC. OMNI ABSTRACT CORP. (9408-296404) LESLIE WINDISCH ROSE MARIE WINDISCH PNC MORTGAGE CORP. OF AMERICA DIST. 1000 , SECT. 070.00, BILK. 05.00 , LOT 039.000 N/ F JAMES F. , a \METAL 4 ` METAL SHEDS O GARAGE IB MAU R EEN A. WILLS r 0 o 10 BEARING A LICENSED LAN[ SURVEYOR'S SEAL IS A VIOLATION OD V n� ONLY COPIES FROM THE ORIGINAL OF THIS SURVEY MARKED WITH AN ORIGINAL OF THE LAND SURVEYOR'S INKED SEAL OR BOSSED SEAL SHAL_ BE CONSIDERED TO BE VALID TRUE F 9y 9F COPIES.HIS Z A 3 0 ��O F t0 SURVEY WAS PREPARED W ACCORDANCE WITH THE EXISTING UnI O 0 YORK STATE ASSOCIATION OF PROFESSIONAL LAND SURVEY- (j1 N Z c�Q�Qs. 3 �I U� N THE TITLE COMPANY..GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON. AND TO THE ASSIGNEES OF THE INSTITUTION. C_RTIFTITUTION ARE NOT TRANS- � FERABLE TO ADOITIONAI INSTITUTIONS OR SUBSEQUENT u Licensed Professional Land Surveyor (' (516)-724-453 0 s> f� 0� ��El PO Box 701 i n a N � ' O rA r Z �_ MAP OF OF G. WELLS PHILLIPS" m y Gai+G. m (O t0 SCALE: In = 40 DATE: _DEC• 9, 1994 Thici�.r # 049864 STerfs ✓ (466' MAP) 462.50' UNAUTHORIZED ALTERATICY OR ADDITION TO A SURVEY MAP 10 BEARING A LICENSED LAN[ SURVEYOR'S SEAL IS A VIOLATION OD EDUCATION LAW. n� ONLY COPIES FROM THE ORIGINAL OF THIS SURVEY MARKED WITH AN ORIGINAL OF THE LAND SURVEYOR'S INKED SEAL OR BOSSED SEAL SHAL_ BE CONSIDERED TO BE VALID TRUE COPIES.HIS Z A A— iVVV jE. CERTIFICATIONS INDICATED HEREON SIGNIFY THAT THIS t0 SURVEY WAS PREPARED W ACCORDANCE WITH THE EXISTING UnI O 0 YORK STATE ASSOCIATION OF PROFESSIONAL LAND SURVEY- (j1 N ORS. SAID CERTIFICATIONS SHALL RUN ONLY TO THE PERSON _ �I U� N THE TITLE COMPANY..GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON. AND TO THE ASSIGNEES OF THE INSTITUTION. C_RTIFTITUTION ARE NOT TRANS- � FERABLE TO ADOITIONAI INSTITUTIONS OR SUBSEQUENT OWNERS. UNAUTHORIZED ALTERATICY OR ADDITION TO A SURVEY MAP BEARING A LICENSED LAN[ SURVEYOR'S SEAL IS A VIOLATION OF SECTION 7209. SUB-DIV.SION 2 OF THE NEW YORK STATE EDUCATION LAW. ONLY COPIES FROM THE ORIGINAL OF THIS SURVEY MARKED WITH AN ORIGINAL OF THE LAND SURVEYOR'S INKED SEAL OR BOSSED SEAL SHAL_ BE CONSIDERED TO BE VALID TRUE COPIES.HIS A— iVVV jE. CERTIFICATIONS INDICATED HEREON SIGNIFY THAT THIS `'- SURVEY WAS PREPARED W ACCORDANCE WITH THE EXISTING CODE OF PRACTICE FOR LAND SURVEYS ADOPTED BY THE NEW YORK STATE ASSOCIATION OF PROFESSIONAL LAND SURVEY- ORS. SAID CERTIFICATIONS SHALL RUN ONLY TO THE PERSON _ FOR WHOM THE SURVEY IS PREPARED. AND ON THIS BEHALF TO THE TITLE COMPANY..GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON. AND TO THE ASSIGNEES OF THE INSTITUTION. C_RTIFTITUTION ARE NOT TRANS- �+ ® _ ����� pll�-9a Licurse FERABLE TO ADOITIONAI INSTITUTIONS OR SUBSEQUENT OWNERS. Licensed Professional Land Surveyor SURVEY OF PROPERTY AT SOUTHOLD (516)-724-453 0 s> f� 0� ��El PO Box 701 i TOWN OF SOUTH LD 4 ,ss\p5 /��yfL}Jericho, NY 11753 SUFFOLK, N.Y. COUNTY OF (FILED II -06-1909,#297) "PROP. MAP OF OF G. WELLS PHILLIPS" BLOCK: — LOT: 8 r SCALE: In = 40 DATE: _DEC• 9, 1994 Thici�.r # 049864 - 7mn:reit4i1= - 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: September 9, 1999 RE: Zoning Appeal No. 4749 - Leslie & Rose Windisch 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 4749 - Leslie & Rose Windisch. Also included are enclosures as per transmittal letter from Patricia Moore dated September 2, 1999. I PATRICIA C. MOORS Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (516) 765-4330 Fax: (516) 765-4643 September 2, 1999 Southold Town Zoning Board of Appeals Gerard P. Goehringer, Chairman Southold Town Hall 53095 Main Road Southold, NY 11971 Re: Leslie & Rose Marie Windisch Variance application Dear Chairman and Board members: Enclosed please find the following: Margaret Rutkowski Secretary 1. Notice of Disapproval 2. Application 3. Environmental Assessment form 4. ZBA questionnaire 5. Existing structure- (plans submitted to department for renovation and copies certificates of occupancy and pre-C.O.) 6. Six Copies of survey 7. Filing fee check in the amount of $400.00 8. W.D. Moore Disclosure form 9. Transactional Disclosure Form building of all If you need anything further please do not hesitate to contact me. Very truly yours, Patricia C. Moore FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. PRE EXISTING CERTIFICATE OF OCCUPANCY No Z-23285 Date OCTOBER 14, 1994 THIS CERTIFIES that the building ACCESSORY BUILDINGS Location of Property 1375 PINE NECK ROAD SOUTHOLD, N.Y. House No. Street Hamlet County Tax Map No. 1000 Section 70 Block 5 Lot 39 Subdivision Filed Map No. Lot No. conforms substantially to the Requirements for Accessory Structures built Prior to: APRIL 9, 1957 pursuant to which CERTIFICATE OF OCCUPANCY NUMBER Z-23285 dated OCTOBER 14, 1994 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 NON—HABITABLE ACCESSORY BUILDING & ACCESSORY 2 CAR GARAGE The certificate is issued to HENRY BARRY (owner) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL UNDERWRITERS CERTIFICATE NO. PLUMBERS CERTIFICATION DATED *PLEASE SEE ATTACHED INSPECTION REPORT. Rev. 1/81 N/A N/A N/A BUILDING DEPARTMENT TOWN OF SOUTHOLD HOUSING CODE INSPECTION REPORT LOCATION: 1375 Pine Neck Rd. number & street SUBDIVISION NAME OF OWNER (s) OCCUPANCY HENRY BARRY lmunicipality MAP NO. LOT(s) (type) (owner -tenant) ADMITTED BY: MARY BREWER ACCOMPANIED BY: SAME KEY AVAILABLE SUFF.CO. TAX MAP NO. 1000-70-5-39 SOURCE OF REQUEST: PAUL CAMINITI, ATTY DATE: SEPT. 16, 1994 A('rTs.snRY STRII('TITRER GARAGE, TYPE OF CONST. SWIMMING POOL OTHER: 2 CAR WOOD FRAME STORAGE, TYPE CONST. , GUEST, TYPE CONST. VIOLATIONS: CHAPTER 45 N.Y. STATE UNIFORM FIRE PREVENTION & BUILDING CODE LOCATION DESCRIPTION I ART. SEC. REMARKS. BP #4988Z -CO Z-4116 FOR DWELLING INSPECTED BY DATE OF INSPECTION SEPT. 22, 1994 TIME START 9:30 END 10:00 ACCESSORY BUILDING NON -HABITABLE TYPE OF CONSTRUCTION -WOOD FRAME # STORIES 1 # EXITS 2 FOUNDATION CONCRETE CELLAR NO CRAWL SPACE NO TOTAL ROOMS: IST FLR. 4 2ND FLR. 3RD FLR_ BATHROOM (s) ONE TOILET ROOM (s) UTILITY ROOM PORCH TYPE FRONT SCREENED DECK, TYPE NO PATIO NO BREEZEWAY NO FIREPLACE NO GARAGE NO DOMESTIC BOTWATER YES TYPE HEATER ELECTRIC AIRCONDITIONING TYPE BEAT NONE WARM AIR HOTWATER OTHER: A('rTs.snRY STRII('TITRER GARAGE, TYPE OF CONST. SWIMMING POOL OTHER: 2 CAR WOOD FRAME STORAGE, TYPE CONST. , GUEST, TYPE CONST. VIOLATIONS: CHAPTER 45 N.Y. STATE UNIFORM FIRE PREVENTION & BUILDING CODE LOCATION DESCRIPTION I ART. SEC. REMARKS. BP #4988Z -CO Z-4116 FOR DWELLING INSPECTED BY DATE OF INSPECTION SEPT. 22, 1994 TIME START 9:30 END 10:00 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. CERTIFICATE OF OCCUPANCY No..ZL`:11.................. Date ...........................Jan..............:....... 19..7,. THIS CERTIFIES that the building located at ..... F�S...Pine Neck Rc.,d ...... .. Street ....................................... .. Map No. ..XX .............. Block No. .X',�................ Lot .Nox-'�....... outhold.... T''.:Y.:.................... conforms substantially to the Application for Building Permit heretofore filed in this office dated ........................................... 19..,7.0.. pursuant to which Building Permit No.... Z. dated ............................Oct 6 , 19..Z9., 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 ........ ... aw ..f.wni y...ing............................................................................................. The certificate is issued to ... Z QZU..Barry.PYA elr ..................................................................................... (owner, lessee or tenant) of the aforesaid building. H.D .Approval Jan 13 � 1971: by R. Villa House 7r`' 1L25 ' f`.�..... ........... Building In6spector 1 1A.164 (2/871—Text 12 1117.21 SEAR PROJECT I.D. NUMBER Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only r �urr�nuwTrn►1 T.. He rnmnlatari by Annlicant or Proiect snonsorl 1. APPLICANT/SPONSOR 2. PROJECT NAME Leslie & Rose Windisch Windisch 3. PROJECTLOCATION: 1375 Pine Neck Road, Suffolk Municipality Southold County A. PRECISE LOCATION (Street address and road intersections. prominent landmarks. etc., or provide maol 1375 Pine Neck Road 1000-70-5-39 5. IS PROPOSED ACTION: use permit habitation ❑ New ❑ Expansion ❑ Modlflcatlonlalleration 6. DESCRIBE PROJECT BRIEFLY: permit existing cottage .to be.used for sleeping 7. AMOUNT OF LAND AFFECTED: Initially 1 acres Ulilmately acres B. WILL PROPOSED ACTON COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? Ckyes ❑ No If No. describe briefly preexisting structure/ however non -habitable 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [2Residentlal ❑ Industrial ❑ Commercial ❑ agriculture ❑ Park/Forest/Open space ❑ Other Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL►? ❑ Yes 12 No It yes. Ilat agency(s) and permitlaporovals 11. �DOES ANY ASPECT OF THEA .r!:,V HAVE A CURRENTLY VALID PERMIT OR APPROVAL? 19 Yes ❑ N, It ye:, list agency name and permit/approval building permit to renovate structure Q. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMITIAPPROVAL RECUIRE MODIFICATION? ® Yes ❑ No eliminate 1 CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicantlsoonsor name: Leslie Wind i crh r/n Petri ria (' MnnYP Date: Signature: If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 (Continued on reverse side) 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.) In Ls CAA B. is the subject premises listed on the real estate market for saL r being shown to prospective buyers_ { } { } No. (If Yes, please attach copy of "conditionses " of sale.) C. Are there y proposals to change or alter land contours? { } Yes { No D. 1. Are there any areas which coowsub-ttain wetld tedswith s 2. Are the wetland areas N®hownn themap this application? 3. Is the property bulkheaded between the wetlands area and the upland building area? Ye 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of 3uri sdiction? /vo Na CanVld UCJ7OIA E. Is there a depression or sloping elevation near the area of on aor below five feet above mean proposed constructisea level? B✓o (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? _L6_'Hc- If none exist, please state "acne." G. Do you have any construction taking place at this time our premises:nd,72�s If yes, please submit a copy of your building pelt concerning y approved by the Building Department. If none,, please state . 8 � y Pyr ` z?_e � H. Do you or any co-owner also own other land close to this parcel? A10 If yes, please e.Yplain where or submit copies of deeds. I. Please parcel r proposed use t present use or operations conductedant this A Authorized Signature and Date DISCLOSURE I, William D. Moore hereby state pursuant to General Municipal Law Section 809 and Southold Town Code Article 10 the following: 1. An application has been submitted by Patricia C. Moore to the Southold Town Zoning Board of Appeals on behalf of Leslie & Rose Marie Windisch. 2. Patricia C. Moore is an attorney duly licensed in the State of New York practicing as a sole practitioner with her own clients. She is not affiliated with my law practice. 3. Patricia C. Moore is my wife. 4. I am a member of the Southold Town Board. 5. I do not directly or indirectly review, discuss or participate to any extent in the matter before the Southold Town Zoning Board. 6. Patricia C. Moore is compensated for her legal services, at an hourly rate, regardless of the outcome of the case, and her fee is not contingent on the results obtained. Dated: r APP1.1.CANT ,ritANSACTIONA1. 1)ISCI.OS IM PORN The Town of SouLllold's Code of Etlllc9 prolliblts confliCts of interest on Llle park, of town officers and emplrees. 'idle purpose of this form is Lo pr2v1de.__1nPormaLlo_n which can alert the Lown of possible conflicts of inLere_sL and allow iL- to Lake whaL•eyer action is necessary Lo avoid same. YOUR NAFIH: Leslie and Rose Windisb, % __ (Last name, first; name, mlcldle inial, ulrl.ess you are applying in the name of someone else or other ent;11 y, st►ch an a company. if so, indlr_at-e Lhe other person's or compariy's liall1P_. ) NATURE OF APPLICA,rTON: ( Check a.11 that; apply . ) Tax grievance Variance x _ Change of zone ^� Approval of plat Bxelit p1,1on from p.l.at car crff. IcIFi ma 1) O Llie r. (If "OLl►er.," name Lie ilcti.vl.ty. ) Do you personally (or through your company, "poune, nib.l.Inh, parent, or child) have a relationship with any officer or employee of the 'town of Soul:hol.d7 ^Itel.at.l onnhip" Ine.l.11den by blood, marriage, or buni.nesn Interest;. "Dualness interest" means a businr:_ns, irscl.ud Inq a par. tnernhip, In which the hove off.Ic_er or employee han even n partial ownership of (or employment by) a corporation in which Lhe Lown oEficer or employee owrrn more than 5% of the shares _ YES NO x IE you answered "YES," complete the balance of this form and date and sign where indicated. Name of person employed by the Town of SouL-hol.d 'PiLle or position of Lhat person Describe the relationship between yourself. (Lhe applicant:) and tine town officer or employee.. lather check Lhe appropriate line A) through D) and/or describe in the space provided. The Lown officer or employee or his or her spouse, sibling, parent, or child is (check a1.i Lha l; apply), A) the owner of gre.aLer Llan 5% of the shares of Lie corporate stock of Hie applicant; (when Lhe app.11cant: Is a corporation); D) Lhe legal or beneficial owner of any inLeresL In a noncorporaL•e entity (when the applicant is not a corporation); C) an officer, director, par.l:ner, or employee of the applicant•; or —1) ) Hie actual appl.lcanL-. D13SCizr.P'r'I0N OF PEr.,ATION 311.11' SubmiL-Led LI►is da of 99 ( r. 1 n I: 11.1 me Leslie & Rose Windisch V'/ J CONFIDENTIAL INFO FOR MEMBERS: Friday, November 12, 1999 Re: Leslie Windisch Factual Data: In researching nonconforming cottage uses, and information entered into the 10/14 hearing by P. Moore, Esq. attorney for Mr. Windisch, ZBA office staff researched and found the following: CTM Lot #40 - Pre-C.O. was issued June 3, 1988 to Albertson allowing two dwellings on one parcel (copy is attached). CTM Lot #43 - No Pre-C.O. was ever requested and the property has not changed hands, having been in the Golder family since prior to 1962. Their cottage may be eligible for a Pre-C.O. if they applied. ZBA Staff 0 nnv11 TOV ,>, SOUTHOLD OFFICE OF 113TJILDING INSPECTOR, TOWN HALL SOUTHOLD, NLW YORK CERTIFICATE OF OCCUFANI CY NONCONFOUMING PREMISES TIIIS IS TO CERTIFY that the /X / Land Building(s) Use(s) located at 1475 Pine Neck Road Pre C.O. #- Z-16957 Date- June 3, 1988 Southold, N.Y. Street Hainlet shown on County tax map as District 1000, Section 070 , Block 05 Lot 40 does.,',noticonform to the present Building Zone Code of the Town of Southold for the following reasons: Insufficient total area; non conforming 2nd dwelling four accessories in front yard. Insufficient side yard set -backs on two dwellings and rear setback on one dwelling. One dwelling insufficient habitable pace. On the basis of information presented to the Building Inspector's Office, it has been determined that the above nonconforming / X/ Lana /X/ Building(s) / /Uses) existed on the effective date the present Building Zone Code of the Town of Southold, and may be continued pursuant to and subject to the appli- cable provisions of said Code. IT IS FURTHER CERTIFIED that, based upon information presented to the Building Inspector's Office, the occupancy and use for which this Certifi- cate is issued is as follows: Property contains 2 one family, wood framed dwellings; four accessory buildings; wood retaining wall; dock and all situated in,'A' Residential Adricultural zone, with access to Pine Neck Rd. a Town Road. Permit Z or addition to Main Dwelling C/O Z873. The Certificate is issued to of the aforesaid building. CHESTER & ANNA ALBERTSON (owner, Z6X_1X)byXVt-�X Suffolk County Department of IIealth Approval UNDERWRITERS CI;I.TIFICAT E NO. N/A N/A NOTICE IS I E11EDY GIVEN that the owner of the above premises IUL S NOT CONSENTED TO AN INSPECTION of the premises by the Building Inspec- tor to determine if the premises comply with all applicable codes and ordin- ances, other than the Building tone Code, and therefore, no such inspection has been conducted. This Certificate, therefore, does not, and is not intended to certify that the premises comply with all other applicable codes and reYula- tions. CLALI L�Ui:Cl _n- pector L N iq INN, II L P, L N iq INN, p Vm L N iq INN, B JUDfrH T. TERRY NOUrY N� � ilbrk Quallfiod in Suffolk Commission Expires Mayr 31. i .Y 'ti ti Page 39 - Noveo r 18, 1999 Board of Appeals nearing.. 7:50 P.M. - Appl. No. 4749 = L. WINDISCH (Continued Hearing) Variance regarding proposed arrangement of building and change of use from non -habitable to habitable (sleeping quarters in an existing accessory building.) Location:1375 Pine Neck Road, Southold; Parcel No. 1000-70-5-39. CHAIRMAN GOEHRINGER: This is a hearing that was carried on from the last regularly scheduled meeting and we did receive your statement in here which we'll refer to it as a brief I assume, or some - MRS. MOORE: No, affidavit. CHAIRMAN GOEHRINGER: Yes, affidavit, pardon me, affidavit. I apologize MRS. MOORE: That's OK, sworn to affidavit. CHAIRMAN GOEHRINGER: Yes, that's true. Oh, that's right, it even says, affidavit, I apologize and what else would you like to add. MRS. MOORE: Well actually Mr. & Mrs. Windisch are here. Late this evening, they're having been aware of this because between 4:30 and 6:00 o'clock, when I went home, I was able to reach Paul Caminite who had represented the sellers to the Windisch and we looked in his file to try and make to sense of some of the COs and history of this property because I looked in all of the records from the Building Department. There were, it just, a lot did not make sense and I just took it for town records and somewhat accepted that fact until I spoke to Mr. Caminite and he gave me from his file a great deal more information than I think puts the two cottages or the two houses into clear light. It turns out that Litsh was the original owner of this property and from the, from his records, it looks like the cottage was first constructed with a second waterfront home already built: And, what we found is, a survey prepared that Litsh sold to Barry in 1962. There was a survey prepared by Otto Vany Tuyl and Son, from 1962, that shows the house where it presently exists with I believe some renovations since then, the garage and a one story house. So in 1962 these two structures were on the property. There were two houses on this property which again makes more sense when I went to review the Health Department Record and we found that everything appeared to be pre-existing. What we also found from Mr. Caminite's file is a title report from 1962 also which is when, which was issued by Intercounty Title Guaranty Mortgage Company, which probably is a predecessor to Chicago or Fidelity and in that title report, it has a description but most importantly it has what is called a survey description, a survey reading. When a, the title company even at that tirnd, goes out and looks at. the property. I know Mr. Goehringer knows this well but, for the sake of anyone else whose not Page 40 - Noven _ _ r 18, 1999 Board of Appeals Hearing familiar with the process. A title company will send out their inspectors and will record the conditions of the property to make sure that it's consistent with the survey that they have in their hand and sure enough there's a. schedule a description that shows survey by Otto Van Tuyl and dated November 8, 1962, with a two, with two one story framed houses, a garage, a pump house and a dock and the dock extends into Jockey Creek. So, at the time in 1962 this, the cottage and the house were in there. So, contrary to our previous understanding of the history of this property, the C.O. that we had provided for you that is dated from January 14, 1970 appears to be the C.O. a full C.O. for the cottage and the way we identified it is that it, on the C.O. and I have this packet for you for your file but just to help me, there's a Building Permit number that's referred to. When we looked at the property card which today when you look at the property card all the property cards are stapled together. But, the property card that was there has a C.O. Permit Number on the property card that has the photograph of the cottage. So, it appears that the C., there was a C.O. for the cottage which the seller was not even aware of when he collected for Mr. Windisch, he collected the C.Os. He saw one that was a single family house and they applied for what they thought they didn't have, which was a Pre-C.O. for the cottage and what happened is, that Mr. Barry, Mr. & Mrs. Barry I think were both in the Nursing Home at the time and they didn't have time to argue the point. Everything was given to Mr. Windisch and the Building Department and I find they do that even today and it's very offensive to me but, they will presume the worst and make you sort it out here at the Board and what they chose to do at the time, was they went to look at this cottage and for their own purposes I think tried to solve the problem, well there's two houses on this property and we're going to solve the problem of having an exist, another full dwelling on this property, they had the broker remove the kitchen from the property in order to issue a C.O. , a Pre-C.O. So, they were given the choice of not having any you know not issuing a permit or taking out the kitchen issuing a Pre-C.O. and putting a condition on that Pre-C.O. that it be non -habitable. I think that was wrong for them to do at the time. Certainly because of the history that had they looked into it, may had found that, or, certainly could have asked questions about the existence of those two houses at the time and it was really clear I mean from looking at the picture of the Assessor's Record, that that cottage had been there for an awful long time. The house may have been renovated later on and that I don't know. Again, the C.O. and the permit history of the Building Department, is very, is not very conclusive one way or another, but, it looks like at least from the footprint of the main house, it shows as a one story house with a porch and I think the house now is like a split level and there's, is there a porch? No porch, OK, so, at one point in time, the renovation was done to the main house. The cottage ,looks like for the most part there may have ;been some work done .to..it and that's the, sense .I get from the C.O. in 1;970 because I went beck to th®.;,testimony given at, the last hearing and Mr. Windisch, testified Page 41 - Nover r 18, 1999 Board of Appeal "caring that when he took out, was fixing up the cottage he found the insulation which was asbestos insulation, no I'm sorry it was a, what was the insulation? MR. WINDISCH: Fiberglass. MRS. MOORE: Fiberglass insulation. BOARD SECRETARY KOWALSKI: That's Mr. Windisch right? MRS. MOORE: That was Mr. Windisch speaking. BOARD SECRETARY KOWALSKI: OK, thank you. MRS. MOORE: The fiberglass insulation I believe was in the seventies. I don't think that there was fiberglass insulation in the sixties. So, here is the packet which I was very pleased to find because it - CHAIRMAN GOEHRINGER: Wouldn't you be better off taking this back to the Building Department? MRS. MOORE: If I thought I could go to the Building Department, show what I had and not have them send me back here, I would go there. I just, I mean, certainly I could - CHAIRMAN GOEHRINGER: But Mrs. Moore, we're not ferocious people. MRS. MOORE: What? CHAIRMAN GOEHRINGER: We're not ferocious people. We're not here to a - MRS. MOORE: No, no, no, don't take that the wrong way. No, what I'm saying is that there really is nobody to speak to at the Building Department with respect to the history of things and having them make these kind of decisions, I'd rather have it come from you and say no, based on the record we discovered that this is a pre-existing and the Health Department, I think there's no issue of sanitary because the Health Department has already given you the affidavit that they're two houses, pre-existing as to sanitary systems as well. I think it's best if it comes from you because there's a good record there. CHAIRMAN GOEHRINGER: So, you are saying, that the cottage probably has a Pre-C.O. on it? MRS. MOORE: No, what I'm saying, is, that the cottage had a C.O. and the Building Department looked at that C.O. that was in the file from 1970 and I think Page 42 - Noven' _ , 18, 1999 Board of Appeals Hearing logically you look at it and you say, oh, that's for the house because the house may have been renovated at about the same time. But, the Building Department records in all fairness to the Building Department now, really are bad and a - CHAIRMAN GOEHRINGER: Now, wait a minute. If the building has been there for more than 40 years. MRS. MOORE: Both buildings have been there. CHAIRMAN GOEHRINGER: Both, yes, I'm talking about the cottage now - MRS. MOORE: Yes, the cottage. CHAIRMAN GOEHRINGER: Because we know it's been 60 or 70 or whatever, OK? That's really a Pre-C.O. MRS. MOORE: Yes. Well that's what they applied. What happened is, Windisch, when he was buying the property, the sellers had an obligation to provide C.Os. for all structures or, Pre-C.O. They made an application to the Building Department at that time and the Building Department went out and inspected and said, you know I'm not going to issue a Pre-C.O. unless you take out the kitchen and I'm going to make it non -habitable. I don't know why Mr. Boufis did that or what authority he had to do that other than sometimes they have a tendency to try to correct what they proceed is a zoning pre-existing conditions and they'll push - BOARD SECRETARY KOWALSKI: When was that done Pat? MRS. MOORE: The Pre-C.O. was issued in ninety - CHAIRMAN GOEHRINGER: Ninety-four. BOARD SECRETARY KOWALSKI: Ninety-four, thank you. MEMBER TORTORA: And was the C.O. dated, the original C.O. MRS. MOORE: Seventy. The only C.O. that exists that we could find that was issued is 1970. But, both houses were there in 1962. So, it looks like at different points in time, they may have made applications and said, well be better have some documentation for this and a C.O. was issued for a single family dwelling. q Page 43 - Nover r 18, 1999 Board of Appeals nearing MEMBER COLLINS: Yes, the, this is all going to require a certain amount of reading things side by side. But, the C.O. that you just gave us this evening that you just turned up, which is dated - MRS. MOORE: No, the C.O. I had given you before actually. MEMBER COLLINS: No, not this one. I never saw this before. MRS. MOORE: Yeah, that was the only C.O. I had. MEMBER COLLINS: January 1970? MRS. MOORE: Yes, the January 1970 was my wrongful conclusion. I think we all actually assumed that that was the C.O. for the main house. BOAR® SECRETARY KOWALSKI: No, not really. MEMBER COLLINS: No, we have a C.O. for the main house in our file. MRS. MOORE: What's the date of that one? It should be January 14, 1970. MEMBER COLLINS: That's why I said, these things require reading side by side. MRS. MOORE: Yeah I know. It took me a long time to put them all together. MEMBER COLLINS: The main house in 1970 they applied to expand what was then a cottage and turn it into a house. This is the house on the creek. I think that's pretty clear in the record. Oh, God, this is going to take us all - MRS., MOORS: Oh, no, no. I'll try to explain it very, again more clearly. Partly it was my fault in the history that I understood or Mr. Windisch and I understood the history to be. We thought that the main house was built after the cottage and that the C.O. that we had was for the main house and that the condition of being able to build that second house was to some how limit the cottage. That was our understanding, trying to piece together that they were (inaudible). As it turns out, that is not the case. In 1962 there's a survey that shows both houses, both single family homes existing on the property and the only a, 1970 C.O. which was the only one that we ever found appears to be for the cottage only because the Building Permit number that it refers to appears on the property card that attaches the cottage picture on it. So, we're assuming that based on that, that's what they were looking at and that's the Permit, because they're probably were some renovations to the cottage in that period of time. _ CHAIRMAN GOEHRINGER: You can't extrapolate a file out of that Building Page 44 - Noven,.,,.,, 18, 1999 Board of Appeals Hearing Permit Number in the Building Department? MRS. MOORE: Yes you can but I, actually I looked at it and I know that Linda looked at the files but not, I'd have to go back and look at 49, 80 years - CHAIRMAN GOEHRINGER: I mean you can go back to the Building Department and pull that file from the Building Department, can't you? MRS. MOORE: We did it once. But now based on the facts that we have before us I'm going to look at it again and make sure that it's consistent with what we're find, you know, with a which C.O. MEMBER TORTORA: The Building - BOARD SECRETARY KOWALSKI: There seems to be one file missing from the Building Department that they can't find. MEMBER TORTORA: Just let me understand this. The Building Department's number on the C.O. is 4988Z is the same as - MEMBER COLLINS: No. MRS. MOORE: If you'll just bare with me. I have here the C.O. number. MEMBER TORTORA: Yes, correct. MRS. MOORE: OK, right. The reason I, I'm trying -to figure out which house it belonged to, we went to the property card and there's the same number and the back of that property card had the cottage on it. MEMBER TORTORA: OK. MRS. MOORE: So, that again could be just the way it was, so, again, we're trying to come to factual conclusions based on documentation and it's a somewhat, the one thing we do know, just that survey provides is, that both houses were there in 1962. The Building Department I think was in error when they applied for a Pre-C.O. and the Pre-C.O. wasn't granted without taking out the kitchen and putting the non -habitable on it. CHAIRMAN GOEHRINGER: We have another unique introduction here and that is that Mr. Terry is available and could be asked that question and I have to tell you Mr. Terry is a very fastidious individual. He is the gentleman that signed one,,of those C. of Os. So why don't you go and approach him -and ask him that question? Page 45 - Nover r 18, 1999 Board of Appeal,. . iaaring MRS. MOORE: I'll call him and I'll look for him. I tried to, I looked in the book for Lidsh's and Barry and I didn't find those names. But, I didn't think of calling Mr. Terry. MEMBER COLLINS: Could I just again ask - CHAIRMAN GOEHRINGER: Surely. MEMBER COLLINS: The last time I said, this is it and you said no. This C. of O. that's dated. October 1970, you believe, and I understand why you do, is a C. of 0. for the cottage What we're calling the cottage now, the building in question. MRS. MOORE: Right. MEMBER COLLINS: And I think you also said, that when a the former owner, that's a - MRS. MOORE: Barry. MEMBER COLLINS: That's Barry who was selling to Windsch in the middle nineties - MRS. MOORE: Right. MEMBER COLLINS: That it was believed by the parties involved that there was no C. of 0. for the cottage and so the Building Department was asked to issue a Pre-C.O. - MRS. MOORE: Correct. MEMBER COLLINS: Which they did but in return they required this non - habitable take out the kitchen language. That's your bottom line? MRS. MOORE: We know that part of it. MEMBER COLLINS: OK. MRS. MOORE: As far as which C.O. this belongs to, I think, at least, the reason I say that that the numbers come out to the cottage. MEMBER COLLINS: Right, I - Page 46 - Noven,--. 18, 1999 Board of Appeals Hearing MRS. MOORE: A worse case scenario, the cottage still has, I mean it was, it had- no C.O., it had issued a kind of Pre-C.O. MEMBER COLLINS: I understand, no, I understand, I understand what you're saying and we do have the application that was made for the Building Permit to expand the main house. MRS. MOORE: I saw that. MEMBER COLLINS: In 1970 it was different because the Building Permit was issued I think June of that year and the Barrys were turning it from a summer cottage into a full-time house. We know that because they were up to the Zoning Board of Appeals for 280A approval on getting a pathway back from the main road to that house. MRS. MOORE: You're talking about the house by the water, or the cottage? MEMBER COLLINS: Yes. CHAIRMAN GOEHRINGER: The house by the water. MEMBER COLLINS: Yes, the house by the water and in that testimony they said, we have two summer cottages on the property and it's clear then they decided to turn the one by the water into a bigger house and they got a Building Permit and it's obvious that the numbers are different from the numbers associated with the C. of 0. So, that's your case that the cottage not only was there, it had a C. of 0. MRS. MOORE: Right. MEMBER COLLINS: Yes, OK. MRS. MOORE: I haven't seen, you know something, I don't know, I wasn't aware of your 280A, was it 280A they got? MEMBER COLLINS: Yes, unless - MRS. MOORE: It was an easement that I heard about but, I had no idea. I just heard about it tonight. There's no date on it. BOARD SECRETARY KOWALSKI: There's no date? MEMBER COLLINS: No date. This routinely Linda looks and - I It Page 47 - Noven -18,1999 Board of Appeals nearing MRS. MOORE: I know, she's wonderful. MEMBER COLLINS: This is a transcript of the hearing that their discussing access and the Board comprises Gillespie, Grigonis and Holtz, oh - BOARD MEMBER KOWALSKI: It looks like 1970, September 10, 1970 to Barry. MEMBER COLLINS: So, it's the same time that he was - MRS. MOORE: About the same time. That's when it seems he was renovating the - MEMBER COLLINS: That he was turning the waterfront cottage into a full house. MRS. MOORE: Yeah, yeah. MEMBER COLLINS: I assumed it was about then. CHAIRMAN GOEHRINGER: So you're going to continue this process, is that what you're telling me? MRS. MOORE: I can check with Howard Terry but, it sounds like what you already answered that question because you had a 280A application. I wasn't aware of. That the transcript referred to permits for the main house which are different permit numbers than this permit number, that's this C.O. number. So, that to me there's you know, how many here are you going to get? You're going to get one for the cottage which that makes sense because the, and the other one is for the house and I don't know maybe the missing file is the one with the C.O. for the main house after the renovations - CHAIRMAN GOEHRINGER: But, wouldn't it be delightful to get in, I didn't mean to cut you off, an affidavit from Mr. Terry saying, yes there was. MRS. MOORE: What, yes, there was two houses here? CHAIRMAN GOEHRINGER: No, yes, there was a C of 0. MRS. MOORE: I can, it would be delightful if you want me to get it, I - CHAIRMAN GOEHRINGER: I know he's - MRS. MOORE: I just don't know, I haven't spoken to Mr. Terry and I'm kind of taking my chances that hopefully he'll remember. I mean Mr. Terry's C.Os. they Page 48 - Noven._-.- 18, 1999 Board of Appeals Hearing kind of have a reputation that when I do closings Mr. Terry's C.Os., usually say one family dwelling, there's a garage, there's a deck, there is you know, numerous structures but, all he ever wrote was single family, you know, one family - CHAIRMAN GOEHRINGER: That's all he was concerned about. MRS. MOORE: Exactly because at the time that made sense, that's all he cared about. CHAIRMAN GOEHRINGER: Being a Southolder, which he is - MRS. MOORE: Yes. CHAIRMAN GOEHRINGER: OK, he's still actively a Fire Policeman in his Senior years and so and I've seen him at several fires directing traffic, I think you should take a stab and at least discussing it with him. MRS. MOORE: I have no problem. I'd be happy to. I'd be honored to, I don't think I ever met him. MEMBER TORTORA: Can we still close the hearing, pending that? CHAIRMAN GOEHRINGER: Sure we can close the hearing pending this. MRS. MOORE: Oh, good, that would be good because I've exhausted how much I can research this file. CHAIRMAN GOEHRINGER: He; he is a very nice man. He truly is. I enjoyed working with him. I was not a part of the town at the time but, my permit on my present house that I live in was in 1978 and that was one of the last permits that I can remember he wrote prior to his retirement. MRS. MOORE: If you just with all due respect if I can't, give me a time frame only so that if I can't get it - CHAIRMAN GOEHRINGER: Two weeks. MRS. MOORE: OK. I mean I'll try to reach him tomorrow. MEMBER TORTORA: If you can get it, if he remembers, if, if, if. MRS. MOORE: Yeah, there's a lot of ifs. T Page 49 - Nover 'r 18, 1999 Board of Appeals nearing CHAIRMAN GOEHRINGER: He'll remember. MRS. MOORE: I mean it can only help. Believe me if he doesn't remember, I don't want him to make it up so. CHAIRMAN GOEHRINGER: He'll give you a litany of who owned their property. MRS. MOORE: I'm sure, OK. CHAIRMAN GOEHRINGER: Alright, so that's where we are. That's wonderful. Is there anybody else would like to speak? OK, seeing no hands I'll make a motion closing the hearing, pending the receipt of the information if Mrs. Moore can get it. MEMBER HORNING: Second. CHAIRMAN GOEHRINGER: All in favor? Motion carried. See Minutes for Resolution. 4 - Page 53 - Octobei —, 1999 Board of Appeals Hearings 8:20 P.M. - Appl. No. 4749 - LESLIE WINDISCH Request to convert accessory building to sleeping quarters (habitable without cooking or kitchen facilities) with bathroom facilities at 1375 Pine Neck Road, Southold. 1000-70-5-39. CHAIRMAN GOEHRINGER: Good evening, Mrs. Moore, how are you? PATRICIA MOORE, ESQ: Good evening, fine, thank you. You have my outline attached to the application. I'd like to go along with that outline and then give you additional information as we go through. If you have any questions simply interrupt me as I go. To begin with, Mr. & Mrs. Windisch are here this evening. If you have any particular questions that I can't answer, well between all of us we can answer all the questions for you. To begin, the standards, that no undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties, if the variances is granted. You have the record which shows that this is an existing cottage. It was constructed prior to zoning. I referred you to the pre-C.O. that was issued at the time. I'm sorry, the pre-C.O. that had been issued you should have in your file. CHAIRMAN GOEHRINGER: I don't think we do. MRS. MOORE: You don't have a pre-C.O? BOARD SECRETARY KOWALSKI: No, not for this building we don't. It's a different building, right? MRS. MOORE: OK. No, I think that the one I have is the One. BOARD SECRETARY KOWALSKI: We have a Building Permit that was issued for this building that says, "uninhabitable", and then there's another- it's a different building you're talking about I think for a cottage. This is not for a cottage. MRS. MOORE: I'll check with the record to see if I have the right. Do I have the pre-C.O. for the cottage? MEMBER COLLINS: This is the pre-C.O. BOARD SECRETARY KOWALSKI: No, that's a different building. CHAIRMAN GOEHRINGER: I have a pre-C.O. dated October 14, 1994. Is this the one you're referring to? Page 54 -October'.,, 1999 Board of Appeals Hearings MEMBER COLLINS: No, no, January 14, 1970. BOARD SECRETARY KOWALSKI: For the main house. MEMBER COLLINS: Yeah, at that time this was the main house. MRS. MOORE: Yes, correct. BOARD SECRETARY KOWALSKI: I don't know the story about it. MRS. MOORE: Oh, that's alright. MEMBER COLLINS: The two-story red house down on the creek was built in the seventies sometime, right? MRS. MOORE: Correct. Correct. CHAIRMAN GOEHRINGER: Yeah, I have that one too. BOARD SECRETARY KOWALSKI: (To the Chairman) How many houses are there, just one? CHAIRMAN GOEHRINGER: Two. MRS. MOORE: There are two. CHAIRMAN GOEHRINGER: No, there's two. There's two structures. One dwelling and whatever this is. MRS. MOORE: Correct. CHAIRMAN GOEHRINGER: I don't mean that sarcastically. MRS. MOORE: No, that's exactly, actually that's a very good point. I'll go back a little bit. There is, I think, the Board is aware, there is a house, the main house which is on the property. That was built in the seventies, as I recall. The cottage was the original structure on this property and what occurred is while the people were building the house, they were living in this cottage. The cottage remained with the understanding that the kitchen would be removed. The kitchen was removed and it stayed there and continued to be used with the bathroom. All the structure remained exactly as it was before - BOARD SECRETARY KOWALSKI: That's why the Building Permit says, "inhabitable" on it. 4 Page 55 - Octobe, 1999 Board of Appeals Hearings MRS. MOORE: Exactly, exactly. MRS. MOORE: The Building Department non -habitable with respect to the technical requirement is that it cannot be slept in. It does not mean it cannot be used. Non -habitable is not a layman's definition of, it is an actual state code definition, of it can't be a 24 hour occupancy, which means, sleeping. However, it can be used for all other purposes and that cottage did remain and it was used by all families all along during their ownership. What, the house that is presently there, the main house is relatively small for this property. It is two bedrooms. The Windisch family has three children. They would like to be able to use the cottage as a bunk house. Continue to use it as part of the family for family and guests and take that non -habitable status off the cottage. Again, the kitchen has been removed. It will continue to be removed. It would not qualify as a dwelling under the Town Code definition of dwelling. The dwelling definition says it's the structure is to be used as a, I hav the Code, I'm trying to paraphrase but it has to have the kitchen and all aspects of independent living, so that it could be used independently of the main house. That is not the case and has not been the case. The cottage has been accessory to the main house and it will continue to be so used that way by the Windisch family. I know we, I've argued this before in other applications, and I know that the Board is aware of the status of the law which is, that a structure is permitted to remain, it is nonconforming. The use, the additional use of a nonconforming structure doesn't mean that it's expansion of an illegal use. What you're permitted to do on a preexisting structure, you may change it to some extent, but as long as you don't expand it and we are not expanding by any nature of footprint,. That's really what this Code always talks about and what the law looks at as far as expansion. The intensity, the additional intensification of the use is degrees, and that you're permitted to continue the preexisting status even though the change and the intensity of the use may change over time, little at a time. So the cottage will remain for all intensive purposes the same way it is today. Prior to the renovation, Mr. Windisch took the cottage and reshingled it, redecorated it, inside the what used to be two bedroom cottage was converted into a one bedroom cottage. It only has one bedroom or would be permitted as a one bedroom. So, it's actually reducing the size internal size of the structure and the use of this. So, instead of having extra bedrooms in the main house you have the accessory building have that extra room. As far as the community, I have several properties in the same street that have cottages, that are actually full -scaled cottages. Suffolk County Tax Map 1000-70-5-25, is owned by Lademann. That property contains a large separate cottage, which we don't know if it's separately rented or not. We don't have that much information on that particular cottage. 70-5-40 is right next door. This property, they're all the same size properties in this area. Two separate Page 56 - October 1999 Board of Appeals Hearings dwellings which are actually rented to two separate families are right next door. They're are, there's the main dwelling, there's a cottage, there's three out buildings. The two houses are actually rented and they're used by separate families. So, again, character of the area, there are many, many of the properties here have multiply structures on them. Whether they're used independently or not over time the buildings have been built and the structures have remained. Finally, there is also a cottage at 70-5-43, Golder is the owner. It's, from the record it shows it's a 20 x 24 foot cottage. Again, there are lots of cottages in this area and that's probably why the town didn't really have a problem at the time that the main house was built. Keeping the cottage there, just take out the kitchen and at least the Town, the Building Department at the time said, OK, you take out the kitchen then we don't have to worry about you using this as a separate rental as a separate dwelling, and you end up with two dwellings on the property. That's not what we're asking. We're not asking to add a separate dwelling to make this into a full-scale dwelling under the Zoning Code definition. We just want to be able to sleep there. Some people might do it illegally. The Windisch family would never do that, and that's why we're here. Are there other benefits sought by the applicant that could be achieved by the same method feasible for the applicant to pursue other than an area variance? Well, the structures are in place. The cottage is there. It's been renovated. The whole property is immaculate for those of you who have gone to see it. It's been beautifully restored and it provides a private accessory quarters for the family and guests. If the cottage were located closer to the main dwelling, there's an easy solution to it. You put the two structures together with a significant attachment and then you make the cottage in part of the principal structure. That's done very routinely on applications throughout the Town to try to avoid the application process of legitimizing or allowing a cottage to permit sleeping, to be permitted for sleeping quarters. That's not an option here. There is probably 50 feet between the house, the main house and the cottage. So the old ways before the code was changed you used to put these elongated breezeways. That's been eliminated. Now we have to be a much more realistic attached structure. That is not an option here. The area variance is not substantial. The application of the balancing test weighs in favor of the grant of the variance. Again, the structure in a way I'd like to have you send a message to the Building Department that a cottage without a kitchen does not mean it's an illegal use. If you read the Code's definition, a dwelling and you read the Code's definition of Accessory Structure. Both those definitions do not prohibit you from having your extra rooms detached from the main dwelling. It all, the whole property has to function as one unit and that's what we have here. We have the cottage functioning as almost like private quarters. In Nassau Point has many of these cottages because a lot of these cottages were used at one point in time as Page 57 - ®ctobe, , 4, 1999 Board of Appeals Hearings servant's quarters. They were private. They were separate living quarters, but they did not constitute a separate dwelling that could then be split off, rented and that's always been the concern with the Town and understandably you don't want to have a structure that can be rented out, income purposes and extra activity, and all that goes along with additional families, two families living on the property. That's occurring right next door. There's no objection to that. The Windisches know that's going on. It's been going on for a long time. It's preexisting, there's no problem. What they want to do, again, use the cottage for its full value. The alleged difficulty was not self-created and the cottage is existing. We're not asking to convert a garage to living quarters. I still maintain that you should send a message to the Building Department that you can, if you had a garage and you wanted to put sleeping quarters in the garage as long as there is no kitchen, I believe that the code permits it. I think the Building Department feels more comfortable having each application go before the Board. There's more control. We tell you we're not putting in a kitchen, and we tell you it's not going to be rented, it's for family purposes, your decision can put those conditions in built into the decision. I appreciate that control factor. I think that's what the Building Department, why they routinely send things to you when a little bit of common sense or your own reading of the Code would dictate otherwise. The variance request is the minimal variance practical given the personal benefits anticipated by the applicant. Again, I keep harping it's an existing cottage. It's just permitting additional sleeping. I think there was a concern of the neighbors about the sanitary system. I did inquire as to the sanitary system. The main house has its own sanitary system and well. As you know from the Health Department Regulations a standard sanitary system accommodates the flow that generates from us from a house; they accommodate four bedrooms. That's generally the accepted principal of the Health Department. One sanitary system for four-bedroom house. If you start going into a house that's greater than four bedrooms, then the Health Department wants to know it and they might make a larger expanded system. In this case, we have there is overdone sanitary systems. We have in the main house, its own system. The cottage also has its own sanitary system, and what we're talking about is the intensity, the expansion or the use of that sanitary system falling from the bathroom which has been there and is continually been used and will continue to be used, now the degree of using that bathroom for somebody whose sleeping there rather than not sleeping there. Again, the cottage is one bedroom, the house is two bedrooms, so you have two sanitary systems, two wells, all for a total bedrooms on this property, you know, three bedrooms as a total. So, I appreciate the neighbors concerns about sanitary flow, but there is over and certainly protections here because the sanitary flow that generates from these existing bathrooms and the use of the A Page 58 - October ,, 1999 Board of Appeals Hearings cottage for sleeping is no more than it presently exists today. You have a bathroom, you have the use of that cottage and you certainly have the protections. They're probably are affected much more so by adjacent property with two full families than they are from the Windisch property. I'm sure you have questions of me. CHAIRMAN GOEHRINGER: I'm going to reserve decision on the questions. We'll start with Mr. Dinizio. MEMBER DINIZIO: I don't know, what was it used for before if it wasn't sleeping quarters? MRS. MOORE: It was rooms between storage, crafts, you know, you use it like an extra junk room. MEMBER DINIZIO: Junk room is good. Now about, is it insulated? MRS. MOORE: Yep. (Changed tape to side 2-13) The existing cottage was the original structure on the property. So therefore, it is, and it was, completely insulated, yearround insulation. It has a full bathroom. It had two bedrooms. The walls between the bedrooms I believe you took down and made into one bedroom with a double bed. So. Or with the potential for a double bed. Well, it had a kitchen originally but the kitchen was removed as part of the agreement to maintain the cottage there. Not as a second dwelling on the property and that is again something that will be continued and again, can be condition of approval. MEMBER DINIZIO: That's fine. MEMBER COLLINS: Ms. Moore, you know you've put this in as a request for a variance. I'm being perhaps picky. But, it's not clear to me that what you're asking for is a variance. I think you're asking us to tell the Building Department to give the I suppose it would be an amended C.O. taking out the words non -habitation. MRS. MOORE: Well I think technically it could be considered (unfinished). CHAIRMAN GOEHRINGER: It would be limited habitation. MRS. MOORE: The Building Department deems it a preexisting nonconforming use that can't be expanded without coming to this Board with a variance from the code. That's the way the Building Department has couched these applications. Page 59 - October , -t, 1999 Board of Appeals Hearings I think that all of these applications can come before you as an interpretation that says, that in an accessory cottage, you're permitted to have sleeping as long as you don't have a kitchen that allows for it to be a separate dwelling as dwelling is defined in the Zoning Code. So whether you call it, you know a variance or you call it an interpretation, you know, if you can send it as interpretation that's great, then I will go out of business on a couple of these, but that's OK. CHAIRMAN GOEHRINGER: Don't worry, you're not going out of business. MRS. MOORE: I know, I know. MEMBER COLLINS: No, I'm not suggesting that it's an interpretation issue. I was, and the reason why I'm asking this is not really to be picky but to help us to focus on exactly what it is we're being asked to decide. The Notice of Disapproval says, you asked for "a permission to alter the cottage from non - habitable to habitable." MRS. MOORE: That's right. MEMBER COLLINS: And you "can't do that because that'll make it a second dwelling unit." That, that's what they said. MRS. MOORE: Right, that's what they said. MEMBER COLLINS: It's not clear to me that anything having to do with enlargement or expansion of the use is in their disapproval. They simply said, if you change the use to habitable, that's a dwelling unit, and you can't have more than one dwelling unit on the property. I think you're just asking us to tell them - MRS. MOORE: You're wrong. MEMBER COLLINS: That they're wrong. I mean is that posture a logical one? MRS. MOORE: You know what it'd be nice, I'm afraid that when it goes back to them, depending on how they read it, they're going to say, well no we would have called it a variance and it should come back as a variance. MEMBER COLLINS: OK, all right, all right. MRS. MOORE: So, certainly I think a variance application leaves you the option of saying, we don't think a variance is necessary. We think that this is a use that's permitted. You know, habitation - MEMBER COLLINS: OK, OK, yeah, I, don't want to drag this out, I - Page 60 -October 'I T, 1999 Board of Appeals Hearings MRS. MOORE: So technically you do this however you'd like, so long as it gets approved. MEMBER COLLINS: I wanted your input on what the posture of your question is. Now, let's go back to something you mentioned which is putting conditions on things which of course we do all the time. MRS. MOORE: As I expect. MEMBER COLLINS: Do you have any suggestions as an experienced attorney on how to get teeth into these conditions? This is something I think that bothers us and worries us. We can write a condition, and we don't feel confident that, that condition stays alive down the road. MRS. MOORE: Well, I think at least as to the Windisch family, you've been dealing with people that violated the code, you know - MEMBER COLLINS: No, I'm talking principle here. MRS. MOORE: No, actually technically alright, if you put a condition as far as it shall not be "no kitchen" . MEMBER COLLINS: No kitchen and no renting. MRS. MOORE: And no renting, OK, if you end up having renters, well first of all, no renting and there's somebody that is on a lease, they're going to come back to you at any point in time and they're going to present to the Justice Court when you try to get rid of them, this was an illegal rental, and I don't have to pay your rent and hey, you know, you shouldn't have done that. So the owner has a problem if they're are conditions that are violations of zoning, or violations of the occupancy, so I think right off the bat the owner is putting themselves in jeopardy that is not necessary. But secondly, you have very helpful neighbors all the time that come and not necessarily in this case but in all cases that are watchdogs and they'll be the first one to tell you that somebody is not doing something that is precisely the way the law reads. MEMBER COLLINS: Yeah, I'll have to agree that when we discuss this among ourselves, my view is that neighbors are a necessary part of the enforcement process, but some of my colleagues say, oh no, it never happens. And of course we don't really know. MRS. MOORE: Well you have the right to come and inspect if you want to but I don't think you want to get into the habit or the business of doing that. Page 61 - October . -,, 1999 Board of Appeals Hearings CHAIRMAN GOEHRINGER: We don't but we do. MRS. MOORE: yeah, sometimes you do. CHAIRMAN GOEHRINGER: Ms. Collins, Mrs. Tortora just wants to jump in on this. MEMBER TORTORA: I think the largest issue here is because we've seen a lot of these in the last year, and whether it's an accessory studio, or an accessory garage, or an accessory this, sometimes people come in and they want the accessory without sleeping quarters, or just part-time, or just seasonal. They don't want the bath, but they want the kitchen. They want the kitchen, but they don't want the bath. They don't want, and any kind of arrangement thereof. The bottom line is that there is a lot of illegal places that have been converted. We all know it. It's a fact of life. It's not something we can sit here in the room and say, it doesn't exist. It exists in this town. So. MRS. MOORE: Well I don't think you can punish those that come before you for the illegal acts of others. MEMBER COLLINS: No, no, no, no. MEMBER TORTORA: No, I'm not suggesting that, I'm not suggesting that. But, I'm also not naive enough to put any faith in any neighbor in ratting on his fellow neighbor because that, that's not the way the Town works. We all like to live with our neighbors and no-one wants to be a rat on their neighbor. MRS. MOORE: No, but you no what? Actually that's not the way it comes in because I differ with you because I get those phone calls, and what happens is, the neighbor will call and say, it's an anonymous complaint. So and so is renting. And what happens is the Building Department goes out and inspects, you end up with a Notice of Violation, and then you end up having to defend yourself in Justice Court, or, you know, prove, prove that that's not the case. MEMBER TORTORA: There's another side to that story. There's also a side to this story where the person who is renting is at the mercy of the landlord because they don't want to let the Town know that it's illegal and the landlord will hold it over them. Nevertheless, - MRS. MOORE: Until they try to prevent the rent from being raised 1 %. MEMBER TORTORA: My point is very simple. There has to be in these situations, I'm not questioning the integrity of your clients. I'm saying, that we have to have a way to guarantee that that is not going to be converted at any time in the future into a single and separate dwelling whether it's by definition a Page 62. - October', -t, 1999 Board of Appeals Hearings habitable dwelling or non -habitable dwelling. And, I'm here to tell you that before I sign off on any of them, and there's a lot of them come down the pipe, there's going to have to be something in writing that's guaranteed because - MRS. MOORE: Well, with all due deference, I don't think that's fair on the community or the applicant because what happens - � MRS. MOORE: Because to begin with, I disagree that people should be coming here at all. What happens is as communities change you have a lot of telecommuting. You have computer people that have, want their office over a garage or they want to have, it's really going back to the olden days when you use to have extra - MEMBER TORTORA: That's fine. Nobody is disputing that. NIRS.MOORE: And that was accepted. It use to be the Building Department would in fact issue permits that would show for whatever the use was. It would be rooms, extra rooms as accessory to the main house. MEMBER TORTORA: That's fine. That's not what we're talking about. That's not what my concern is. I don't care if it's a computer room or if it's any of those things. I care that this cottage is not sold, rented, ten years down the road as a separate unit. MRS. MOORE: But you do that by, by exactly what we're here for, which is here before you. You will write a decision that says these are the findings and this is what your conditions are. Believe me; your record is much more complete that when Mr. Windisch, some day 30 - 40 years from now, sells this house, OK, and as part of the C.O. you have the pre-C.O. because the Building Department will have to issue a pre-C.O. for this as accessory living quarters without a kitchen, OK? They actually write a C.O. with the specifics. So, that gets actually documented in, at the Assessor's Office in the Building Department, so when you sell property you have that document that the buyer now takes and says, OK, but I can't use this as a rental unit because that's not what it is. I can't'rent it without a kitchen. It's accessory to the main house, so you have documentation. Actually, in this case you have much more documentation than a lot of other structures that are out there that are old accessory structures. MEMBER TORTORA: I know we have. The only think I'm saying is, that I guess none of us really have 100% confidence and it's because it hasn't been fail proof. Page 63 - October -+, 1999 Board of Appeals Hearings MRS. MOORE: Nothing, people violate the law everyday. There's justice for it. If not, none of us lawyers would exist and there wouldn't be any need for courts. mean the whole system would not be necessary because the only reason we have laws is to enforce against those that tend to violate them. So I think that you, there is no, life is not a guaranty. So, as far as our application goes and our applicant, you have our assurances that there will be no kitchen, and it's not going to be rented. It's for the family. MEMBER TORTORA: Do you have any objection of us putting on conditions that will, to that effect? MRS. MOORE: No, that's why we came in. MEMBER TORTORA: To the effects of your statement? MRS. MOORE: Yes, that is - MEMBER TORTORA: So, if we draw up conditions - MRS. MOORE: If you draw up those conditions we have no objection. That's why we're here because the Building Department forced the kitchen to come out, that's fine, so he knew it wasn't going to be a separate rental and he can accept that. It's not going to be an income producer. But he'd like to use it for the rest of his family and that's where the non -habitation creates a problem. CHAIRMAN GOEHRINGER: Can we continue? MEMBER COLLINS: Yes, I want to get off of that. I want to ask a couple more questions about the building itself. CHAIRMAN GOEHRINGER: Let's wrap it up then. MEMBER COLLINS: The building's been there forever. The house went up like 25, close to, 25 or more years ago. MRS. MOORE: Seventies actually. MEMBER COLLINS: The real house? MRS. MOORE: Yes. MEMBER COLLINS: The Windisch I think have owned the property since 94 according to the assessor card? MRS. MOORE: Right. Page 64 - October', -t, 1999 Board of Appeals Hearings MEMBER COLLINS: They know how they've used it. Obviously they don't really know how the prior owners used it. What is, I mean on your Building Permit Application two years ago, 10/97 to refurbish the place, it says, shop and storage. Is that how it's been used? MRS. MOORE: I mean it had the two bedrooms that were there. But because it said, non -habitation, the prior owners abided by that and they did too, that's why they're here. MEMBER COLLINS: Now, it has a bath and I guess it did have electric heat and hot water. MRS. MOORE: It still has electric and hot water. MEMBER COLLINS: I gather you're putting in, rather, well my impression of the floor plan drawing was that it was rather ambitious ducting and there's a great big LPG tank there now and that suggested to me - MRS. MOORE: Well alright, Mr. Windisch can you come up here and answer as far as - MEMBER COLLINS: That suggested gas hot water and gas hot air. I'm just wondering what's going on here? CHAIRMAN GOEHRINGER: This is Mr. Windisch speaking. MRS. MOORE: This is Mr. Windisch. MR. WINDISCH: How do you do? It was much less expensive to install than oil heat. Gas heat itself is much less expensive. MEMBER COLLINS: But what you're saying is, that when you two years ago untook a project, that you said was to refurbish or fix up this shop and storage building, it included really redoing the heating system in a quite ambitious way. mean I think, were you then hoping to turn it into a place you could use for sleeping? I mean has that been the plan? MR. WINDISCH: Not really. Initially when I started, I had no idea to be honest with you, that uninhabitable means you can't use it for sleeping. I did not know that. However, when I went to refurbish, the Building Department came by and put me wise. And at that time I was more than half finished with the renovation. Most of the money was spent so I didn't want to stop so I just continued, you know, saying at that time, well I'll continue, we'll use it as a shop or storage, or studio, whatever, and then the inspector suggested, well why don't you go for a Page 65 - October -r, 1999 Board of Appeals Hearings variance. Maybe you can get to use it as sleeping quarters and that's how it came about. MEMBER COLLINS: OK, thank you. Mr. Chairman, are you going to ask about the sanitary question raised by the neighbor? The neighbor claims that the cesspool from this cottage will contaminate the neighbor's water. That's a fact question. MRS. MOORE: Well, yeah, I mean I can - CHAIRMAN GOEHRINGER: That's a question I can't answer. MRS. MOORE: Right, I mean, well what you have to know here is, that there's an existing sanitary system, and it's always been there. Now what Mr. Windisch did for the Building Department is have it checked out to make sure that it's functional and that it's adequate and do you remember the name? MR. WINDISCH: Jerome Contractor. MRS. MOORE: ON Jerome, OK. They checked, I guess took off the cover, checked to make sure that it was clean, that it was adequate for the structure and so it's working. So, but that's existing. The problem ,that you have is, that you start moving it around you're going to impact other properties because those properties are so narrow and so small. That to move it away from him, him being the neighbor, you're going to impact someone else. MEMBER COLLINS: I was not in any way bringing up a question of what to do. I was asking a question of what do we make of Mr. Sideris' letter? CHAIRMAN GOEHRINGER: I can't answer that question. That's a Health Department issue. MRS. MOORE: I appreciate that question. MEMBER COLLINS: OK. Alright and is it going there? MRS. MOORE: No, I appreciate that question, but in honestly, when you have a pre-existing bathroom that's been used, sleeping versus not sleeping, is there - MEMBER COLLINS: I take your point. MRS. MOORE: And it'll continue to impact him whether there's someone sleeping there or not, the bathroom is his and the sanitary system is his, so. Page 66 - October,.-.,., 1999 Board of Appeals Hearings MEMBER COLLINS: I give up. CHAIRMAN GOEHRINGER: I intend to agree with that particular statement particularly when you have something that's pre-existing. If the Health Department had a problem originally they would not have issued a permit to build the other house. And in these reconstruction situations or new construction situations where there is an existing building, we're not referring to it as a house at this point, I had not seen them change their purview on this - MRS. MOORE: No, they maintain their, once it's pre-existing, they'll leave you alone. CHAIRMAN GOEHRINGER. OK, so let's see what results throughout the hearing. We thank you. Is there anybody else would like to speak in favor of this application? Anybody like to speak against the application? Please state your name for the record. MR. SIDERIS: Yes Chairman. Good evening, my name is, Lawrence Sideris. CHAIRMAN GOEHRINGER: How do you do? Yes, we are by the way and of course the agent, I'm sorry, the attorney for the applicant has, of course, touched on some issues that you know, you are concerned about. MR. SIDERIS: Yes, well she's mistaken and she's quite wrong about many things. This house was never insulated. It was never heated. It was used as storage, for over 20 years I believe. I have the exact figures right here. Since 1976, 1970, it was deemed uninhabitable, by the Building Department as well as the Health Department. She's wrong about another fact also. On October 6th, I spoke to Paul Pontrell from the Suffolk County Waste Water Management Department. He informed me, that this accessory cottage cesspool is in violation of the Health Code Ordinance as states, a pre-existing cesspool must be no less than 100 feet away from any drinking well water supply. From my house to his cesspool is 70 feet away as my letter states. Also, Mr. Barry applied for a permit to erect the house. He was told that he never, never, again, use that residence as any habitable dwelling. He's done that for 20 years. I was a caretaker for the house for many years. I lived there for 20 years. Nobody ever lived in it or nothing was done except for storage. That's my main concern right now. CHAIRMAN GOEHRINGER: We need you to give us that gentleman's name so that we can send a letter to the Health Department. MR. SIDERIS: Paul Pontrell. Page 67 - October i 4, 1999 Board of Appeals Hearings MEMBER TORTORA: Pontura. CHAIRMAN GOEHRINGER: How do you spell it? MEMBER TORTORA: P 0 N T U R A, I believe it is. CHAIRMAN GOEHRINGER: Whose that? MEMBER TORTORA: He's the head of the Drinking Water Unit. CHAIRMAN GOEHRINGER: OK. MR. SIDERIS: He's in violation of Building Code as well as Health Code violations. I mean if he sleeps there, if he uses the shower, if he uses the toilet facilities, I'm going to get my water poisoned. I'm only 7 feet away. I mean, you know, you poison a little bit or you poison all of it, I mean still, it's poison water we'd be drinking. That's why in 1970 it was deemed non -habitable by the Health Department as well as the Building Department. That's my main concern. CHAIRMAN GOEHRINGER: OK, just .hold it one second there OK? Will you contact him and get a letter from him please (to Mrs. Moore)? MRS. MOORE: I'll be with him and go over the Health Department records. CHAIRMAN GOEHRINGER: OK, excuse me, OK, you had a question? MEMBER TORTORA: No, that's just it. I wanted to hear from the Health Department too. CHAIRMAN GOEHRINGER: What else did you want to say, Mr. Sideris. MR. SIDERIS: Like you were saying before, is rental - five, ten years down the line, who knows. I mean right now you can use it as a hot plate and a micro wave oven, cook your dinner and breakfast. CHAIRMAN GOEHRINGER: I hate to go back to this situation because having been on this Board almost 20 years, again as I've stated for the second time tonight, there are four separate and distinct instances that this Board has granted and only four that I know of that this Board has granted any temporary, I'll refer them as counsel said, bunk house facilities or temporary sleeping facilities and three of those were for a specific need. OK. They were for a family need of some convalescence of a family member whatever the case might be and there were specific restrictions placed on those for the period of time. One of which renews every five years during the period of the elderly parent who's living in the premises. So, we are aware of your concerns because we have Page 68 - October',-+, 1999 Board of Appeals Hearings heard those concerns. I have at least heard those concerns and the Board has heard some of those concerns over the past years. This is an area that this Board takes, very, very, very delicately in dealing with. We just want you to be aware of that. What else would you like to tell us? MR. SIDERIS: I'd like to tell her also that this house has been inhabitable for 20 years and 1 think it should stay that way. There's no need to poison neighbor's water and like I said, make a rental out of it. He's also applied for a permit for a dock next to the water. For what reason nobody knows. Maybe to rent as a summer cottage, the people will have use of a boat. Nobody knows. CHAIRMAN GOEHRINGER: OK. Any questions of this gentleman? Ladies and gentlemen? MEMBER TORTORA: Yes, just one quick question. CHAIRMAN GOEHRINGER: OK, one question. MEMBER TORTORA: Let's go back just a second. If we could put conditions on this, hypothetically to assure that this would never be a second dwelling or used for seasonal rental, what would your objection be then? MR. SIDERIS: Unacceptable. I mean there's a Health Code violation as well as Building Code violations. The Building Code is right here. On August 12th, it was deemed uninhabitable. MEMBER TORTORA: Could we have a copy of that please? MR. SIDERIS: It says here, one family detached dwellings not to exceed one dwelling in each lot. Proposed change of use will constitute second dwelling on a lot. CHAIRMAN GOEHRINGER: Yes, the disapproval. MEMBER TORTORA: OK. CHAIRMAN GOEHRINGER: Yes, we're familiar with that. MR. SIDERIS: Every piece of paper work here and the file states it. This building is non -habitable, non -habitable. Even the paper work from the architect right on it, non -habitable. There must be a reason why the Health Code Violations, Building Code Violations. I mean that's why it was uninhabitable for 20 years when the previous owner, Mr. Henry Barry in 1970. Why rent it now that they live in? Page 69 - October , -t, 1999 Board of Appeals Hearings CHAIRMAN GOEHRINGER: OK. MR. SIDERIS: I mean it's just a wooden shack. It was never insulated, there was never any heat, it was just used for storage. CHAIRMAN GOEHRINGER: When did the insulation and heat come to be? MR. SIDERIS: When Mr. Windisch started to renovating without permits. CHAIRMAN GOEHRINGER: And how long ago was that when they actually commenced? MR. SIDERIS: 1994. 1995, 1 believe. CHAIRMAN GOEHRINGER: All right. MR. SIDERIS: Well, if you look at the Building report. Here I have another article to show you also. Inspector Gary Fish, when he did the inspection on the framing, the first inspection done. It says, "frame OK, non -habitable accessory building." CHAIRMAN GOEHRINGER: What's the date of it? MR. SIDERIS: 5/21/98. CHAIRMAN GOEHRINGER: All right we'll see what develops. This hearing is not over. We will continue it. We will take all of your concerns. MR. SIDERIS: Thank you. MRS. MOORE: Well, no, I just want to put Mr. Windisch just to, do you want to swear him in or do you want to take his testimony as far as whether or not it was insulated and what was there prior to this renovation? CHAIRMAN GOEHRINGER: What we're going to do is, we're going to swear both of you in. Sir, would you raise your right hand? The following information you're about to give us, that you just gave us, was the truth to the best of your knowledge. MR. SIDERIS (raising right hand was sworn in): Yes. CHAIRMAN GOEHRINGER: Will you state your name. MR. SIDERIS Lawrence Sideris. Page 70 - October I-+, 1999 Board of Appeals Hearings CHAIRMAN GOEHRINGER: OK, that's all I'm interested in. Your welcome to sit down. We'll get you back. Thank you. MR. SIDERIS: Thank you. CHAIRMAN GOEHRINGER: Will you raise your right hand Sir: The information you are about to give us and the information you've given us at this hearing, was the truth to the best of your knowledge. LESLIE WINDISCH (raising right hand was sworn in): Yes. CHAIRMAN GOEHRINGER: And your name is? MR. WINDISCH: Leslie Windisch. CHAIRMAN GOEHRINGER: Thank you. What do you want to tell us now about the insulation? MR. WINDISCH: Some parts of the cottage were insulated. BOARD SECRETARY KOWALSKI: I can't hear you too well. Can you use the mike a little better? Thank you. MR. WINDISCH: The sleeping quarters where they have the two separate bedrooms that was insulation inside the wall. CHAIRMAN GOEHRINGER: Nothing on the ceiling? Nothing on the floor? MR. WINDISCH: Nothing on the ceiling, nothing on the floor. Just on the walls. CHAIRMAN GOEHRINGER: What kind of insulation was that? MR. WINDISCH: It was a - MRS. MOORE: ( ) foam? MR. WINDISCH: I'm sorry. CHAIRMAN GOEHRINGER: Blown in. MR. WINDISCH: No, it wasn't blown in. BOARD SECRETARY KOWALSKI: Fiberglass? MR. WINDISCH: It was some sought of fiberglass insulation. Page 71 - October 4, 1999 Board of Appeals Hearings CHAIRMAN GOEHRINGER: OK, what else would you like to tell us? MRS. MOORE: Was the bathroom functional? MR. WINDISCH: The bathroom was functional. The shower was functional and the kitchen, there was a kitchen in there which was removed when we bought the property. But, it was functional before we got there. There was heating in there and it was setup. CHAIRMAN GOEHRINGER: What kind of heating? MR. WINDISCH: There was electric heat. CHAIRMAN GOEHRINGER: So there was 200 amp service on , or, a 150 amp service? MR. WINDISCH: No, no, no, no. CHAIRMAN GOEHRINGER: It was hooked up to your house? MR. WINDISCH I don't know. No, it had its own but, I don't know how many amps. CHAIRMAN GOEHRINGER: It had a separate meter though? MR. WINDISCH: Yes. CHAIRMAN GOEHRINGER: To the house. Is that above ground or underground? That service? MR. WINDISCH: Above ground. CHAIRMAN GOEHRINGER: Above ground. OK. I didn't notice that. That was one thing I didn't pick up when I was over there. Anything else? That's it? MRS. MOORE: Well I just wanted to be sure that you knew what was there prior to his starting to renovate. CHAIRMAN GOEHRINGER: OK, so we're going to wrap it at this point and hold it over until the next regularly scheduled meeting. I'm not finished yet. I'll be right with you, OK. I just want to say, you're going to contact the Health Department for us. We're going to discuss this situation where we have this 70 feet between your cesspool and this gentleman's well I believe that's what the concern is. Is that correct, Sir? Page 72 - October -t, 1999 Board of Appeals Hearings MR. SIDERIS: Yes, that's correct. MEMBER DINIZIO: Can I ask a -question? Is this a nonconforming lot? MRS. MOORE: Well size -wise, let me see. Yeah, I think, well it's less than an acre I know that, right? MEMBER DINIZIO: Yeah, that's right. MRS. MOORE: Right, it's less than an acre? What's the size? MRS. WINDISCH: No, it's the next one. MRS. MOORE: Oh, it's an acre? MRS. WINDISCH: Yes. MRS. MOORE: ON it's one acre, OK. 100 feet wide. It's 100 x 450, 400. MEMBER COLLINS: The assessor shows it 1.00. , MRS. MOORE: There's actually a survey I'm not looking at it. MEMBER DINIZIO: OK, that's fine. So it's - MRS. MOORE: 462x 100. MEMBER DINIZIO: 462 so it's over an acre. MRS. MOORE: Yeah, it's over an acre. MEMBER DINIZIO: And it's an R-40 or? MRS. MOORE: R-40. Yes. MEMBER DINIZIO: So, it's a conforming lot, OK. CHAIRMAN GOEHRINGER: Thank you. MRS. MOORE: Thank you. CHAIRMAN GOEHRINGER: Mrs. Rivera, how are you? MRS. RIVERA: I'm fine, thank you. Page 73 - October -t, 1999 Board of Appeals Hearings CHAIRMAN GOEHRINGER: Long time no see. I'm going to have to ask you to use the mike because we just can't pick you way up from back there. This was Christine Rivera. CHRISTINE RIVERA: I'm Christine Rivera. I'm not speaking for or against this. I'm just commenting that according to what Ms. Collins said and Ms. Moore said, I think there's an interpretation problem here. The Building Department, of course, is granting non -inhabitable violations, saying that it's a non -inhabitable cottage, or accessory building., but they're basing that on the fact of kitchen is my understanding and bathroom as a separate dwelling. But they don't have a dwelling. They have a separate accessory building with just for sleeping quarters and my understanding from what you all are saying, is that it's permissible under the law? CHAIRMAN GOEHRINGER: No. MRS. RIVERA: So you're saying that a separate building just for sleeping with a bathroom? CHAIRMAN GOEHRINGER: Not permissible. MRS. RIVERA: Not permissible. CHAIRMAN GOEHRINGER: No. In my interpretation. MRS. MOORE: Oh, I was just going to say. MEMBER COLLINS: Yeah, that's a, push comes to shove, Mr. Chairman. MEMBER TORTORA: I think that would call for an interpretation. MRS. RIVERA: And that's why I think an interpretation is needed because if you're saying, but, it's non -rental, no kitchen - CHAIRMAN GOEHRINGER: Let me just. I hate to state it a load on you because I, not only are you a neighbor you're also a friend. We've had some serious deaths in this neck of the woods. The most recent one was the Vinnis Geralitis situation. And this has nothing to do with this hearing in general. This is a generic statement regarding separate and distinct structures, which are used for sleeping purposes, alright, illegally. That has nothing to do with this hearing, alright. When you open the issue up of sleeping quarters and accessory structures regardless of the preexistence or non -preexistence, and that's the reason why I'm not referring to this structure. Because, I'm not calling it a dwelling. I'm calling it a structure. Many people have the tendancy and this Page 74 - October',-+, 1999 Board of Appeals Hearings is an opinion of mine to schlep off the necessities that are needed in these structures. In the case of the Geralitis issue, that was an illegally vented hot water heater which caused his death. The other issues are: do the structures meet all of the Health Department requirements which is an issue that one person just brought up tonight? That's this gentleman over here. But, more importantly than any of them, is the fire situation. Are the windows large enough to support, you know the two -foot square for ingress and egress? Are the systems that are placed in the houses for alarming people if there is fire properly placed? That is the reason why the Health, the State Fire Code is required you now to go to electric ceiling monitors as opposed to the battery operated ones because once the battery operated one goes, the battery comes out and that's the end of it. There isn't any. So that's is one of the reasons why I take a strict interpretation of this particular issue, alright. I certainly could change on this issue, but as of today, having been a fireman for 31 years plus, I have not changed on this issue and I will continue to do this until such time that somebody can prove to me that people are not doing this for a particular reason other than the reason that they are stating. MRS. RIVERA: I think it's very appropriate that the Board puts the restrictions on such as no kitchen, no rental. But I think an interpretation has to be made clear because apparently the Building Department says that it's non -habitable dwelling, dwelling being interpreted apparently by the law as having a kitchen as a separate building, a separate dwelling. CHAIRMAN GOEHRINGER: But I think State Law though is completely explicit on that and I think, that is the reason why the Building Department is doing what they're doing. I'm not sure they're able to vary that aspect of it in my discussions with the Town Attorney. Now, maybe I, you know, maybe I'm wrong on this issue. But that is the specific situation that I understand it as I know it right now. BOARD SECRETARY KOWALSKI: There was also an interpretation by the Zoning Board about design and arrangement of buildings. CHAIRMAN GOEHRINGER: Yes, design and arrangement of buildings. We have gone you know to the - MEMBER TORTORA: This has been a subject for history. CHAIRMAN GOEHRINGER: Yes, we've gone to the library issue, we've gone to the repair of, you know, of your own antique automobiles, and you know, all these things which you know, if you have an antique automobile you take them to shows, you need some place to put the trophies, so, you need the good old shop next to it, so that you can, so on and so forth. And, in all of these, I happen to work on old cars, so I enjoy that situation. But, the habitability aspect kitchen or non kitchen is of grave concern to me. It really, really is. Page 75 - October . -,, 1999 Board of Appeals Hearings MRS. RIVERA: Oh, I appreciate that. I'm just asking what does the Town considers a habitable building? Does it have to have a kitchen, or can this person sleep there with proper egress, windows, those proper ventilation, electric heat and installation and proper, you know, Health Code Sanitation system? With you putting restrictions on it, does the Town of Southold allow those structures? CHAIRMAN GOEHRINGER: Usually not. To this date, usually not. MR. SIDERIS: Excuse me. Can I ask a question? Who is Mrs. Rivera? Is she a Building Inspector? Is she a Health Inspector? Who is she? CHAIRMAN GOEHRINGER: No. MRS. RIVERA: I live in Mattituck and I - CHAIRMAN GOEHRINGER: She is very, I don't think that's an issue here. I think this is an issue that she is bringing up. She happens to live in a community where I think it may concern her because she may know of something like this. I think she has the right as a spokesperson for herself to bring these issues up and I really, you know, I understand that you have a concern and that you are extremely heated about this and we are taking all of your concerns here too. I just explained to you, that in 20 years I can think of four of these that were granted and so, it has changed I have to tell you. But, the ones that we have granted recently are the ones for a specific need an elderly parent, whatever the case may be and there are time limits placed on them and there- are really probably the most severe restrictions that this Board is allowed to deal with, and I'm just telling you that that's the situation. MR. SIDERIS: OK. CHAIRMAN GOEHRINGER: Just, you know, everything, - MR. SIDERIS: OK, I just like to know who she was. I didn't know if she was an attorney, or - CHAIRMAN GOEHRINGER: She's a member of this community and a lady from Mattituck. MR. SIDERIS: Thank you CHAIRMAN GOEHRINGER: If you don't mind me speaking. Page 76 - October -t, 1999 Board of Appeals Hearings MRS. RIVERA: No, not at all. And honestly, I'm just trying to get an interpretation and an understanding as to if the subject comes up and use it as a studio and as you said, a trophy room or some other - CHAIRMAN GOEHRINGER: Those are not habitable situations though Christina. This is, you know, these are basically areas where hobbies occur and that you may spend two hours a day, you may spend four hours a day, you may spend six hours a day as a retiree. But, you don't sleep overnight with those ( ). MRS. RIVERA: I was wishing that habitability meaning a kitchen facility that the possibility of renting is that is a restriction and I appreciate that and I'm all for it. CHAIRMAN GOEHRINGER: Let me rephrase something Let me rephrase a statement that was made in reference to this particular C. of O. on this particular structure. If this Board was so enthralled with making with making this, I don't know if it's the proper phrase, so - MRS. MOORE: Inclined. CHAIRMAN GOEHRINGER: What? Inclined yes, so inclined to make this decision, they would not live as long as I was interested in this decision, they would not, I would not suggest that they list the word non -habitable, or the words non -habitable. It would be limited habitability. Limited to, a certain thing. Restricted to a certain thing and that would be my suggestion and my input to the Town Attorney in drafting a decision of this nature. But, we're not doing that at this point. We're still in effect finding situation. MEMBER ®INIZIO: Can I comment, Jerry? MEMBER ®INIZIO: I know we also take this particular application the reason why how it became non -habitable which was as an agreement to build another house on this piece of property and you know, the neighbors could also you know rely on that you know, back then, that permit. I'm sure they had plenty of time to comment on it. I'm not sure if there was but, I think that this has a lot of bearing on my certainly my thought process, not only that the windows are large enough but, the fact that so -one gave up that right at some point in time and you're asking for that right back. You're particular with this particular application. I think you've got to give a pretty compelling argument for me to put somebody back in that building because I'm fairly sure that the windows are you know, wide enough and the doorway is probably the same. MRS. MOORE: They are, yes. ®id you go look at the building? Page 77 - Octobe, , ,, 1999 Board of Appeals Hearings MEMBER DINIZIO: No. but I mean I know the house, you know, in fact my brother-in-law lives right next to it though. MRS. MOORE: I mean it looks like a little doll house. MEMBER DINIZIO: Yeah, I was just again, as a condition, the non -habitability was a condition because they wanted to build another house on the property. Now, we're going back to making it inhabitable. That probably in my mind - MRS. MOORE: But keep in mind, I understand, but, keep in mind, that non - habitable means take out the kitchen so you can't use it as a second dwelling. MEMBER DINIZIO: No, not necessarily. You know, I could tell you, I'm a licensed Fire Instructor in New York State. You have to have a license and you know, habitability has to do with whether you're protected or not when you sleep. If you sleep in your living room and there's a fire, you know, you're not suppose to sleep in your living room. It's not a protected room. This is the same thing. It's not part of the house. It's a bedroom that's separate of that. It certainly could be protected by you know, a smoke detector. MRS. MOORE: Fire, fire, smoke detector. MEMBER DINIZIO: No doubt. But, the problem is here that someone in there wisdom, at some point in time gave up that habitability. As condition to putting to building another building on here, and here we're going back. It really doesn't have to do with kitchen. They can use a barbecue outside to cook. The house doesn't have to have a kitchen. It's not required to be a house to have a kitchen. To be habitable with someone sleeping in it is habitable and there's no way around that. And, to me you've got to give a pretty compelling argument as to the reasons why and Mr. Goehringer certainly touched on a couple of them. You know, my mother-in-law. I don't want her in the house with me but, she can go sleep out in the - MRS. MOORE: Well. I think I presented the fact, that the house has two bedrooms and there are three children and the fact, that for the family to be able to have everyone visit and having three children that have their wives and grandchildren visiting it becomes more and more difficult to house everybody into a house. That the alternative is, to build additions to the house which has a greater impact on the neighborhood as keeping the existing cottage with an existing separate sanitary system. Page 78 -October I-+, 1999 Board of Appeals Hearings MEMBER DINIZIO: Well, I think that, I think that not. I think that that would be not. I think that expanding that house and you know, perhaps at some point have a great cesspool, you know, whatever would come of it would be a more desirable thing than having two dwellings. MRS. MOORE: But, that's what I'm saying that there's no. You got to go back and read the definition of accessory and of dwellings. And, if you read those two definitions what he has there is allowed. I mean under the code's definitions. I mean I always look at the statutory language very carefully and I looked to see well, you know, that's not what is, the whole purpose of dwelling, is not to have full scale separate living quarters, two of them on to one piece of property. That is over intensification of those other piece of property and they don't, we don't want them. We don't want two houses on a piece. There are lots of pre-existing ones like that. We don't want to encourage it. But, the difference between the impact on the property of having a bedroom outside separate and apart, as long as all of the fire code regulations are met, that there is a fire extinguisher and things like that, or, smoke detector and the whole bit, you're comparing now the use of the property and the area variance criteria I believe are met if you look at the standards and what's reasonable for the applicant to expect with respect to the use of this property and are there other alternatives, are they reasonable, are they less intru, is this option better than other options? And, to keep an existing cottage there unusable for an extra bedroom at least for the Windisch family is much more desirable than in using it as just to storage or a hobby room and having to come up with additional space for the children in the main building. And, that's why they're here. If they, they could have illegally done what they're asking to do legally and that's what so frustrating. That those who choose to do things illegally and don't come before you, can get away with this forever and have the housing that they want. They could have continued and done it without any problem. But, those who come before you and ask you, please I'd like to legalize it for whatever conditions you want, you penalize and you say, I'm sorry, that cottage you shouldn't use, seal it up, use it for a hobby room, but, don't sleep in it, so something else. Well, I think you're sending the wrong message because all of those pre-existing cottages that are out there when they come to me and to ask should we go and get it legalized, I'm going to say, well, if the Zoning Board is not going to give it to you, you know, I wouldn't tell them to do it illegally. I never advise a client to do something illegal. But, I think it doesn't take too much you know, brain power to compare the two and say, forget it, I won't ask. MEMBER DINIZIO: Well, the only thing I can say to that is that at some point in time on this piece of property, it was agreed, that - MRS. MOORE: Would be non -habitable. MEMBER DINIZIO: Right, right. Page 79 - Octobe. 4, 1999 Board of Appeals Hearings MRS. MOORE: Yes, would be non -habitable. MEMBER DINIZIO: Inhabitable to me, is sleeping there, OK? I mean you can have everything there you want, a playroom out there, you know, a TV room, you can have a shop, you can have everything except you can't lay down and go to sleep. That's habitable. MRS. MOORE: I understand but - MEMBER DINIZIO: OK, you know, if you want to take dwelling to that, interpret that to be a kitchen, fine, but, I happen to know, you don't have to have a kitchen to have a house. To have dwelling, you don't have to have a kitchen. MRS. MOORE: But under our Zoning Code we do. MEMBER DINIZIO: Well, I don't believe that you do. I mean you can have a hot plate. You don't want to serve as a standard what we're talking about. You can have just a cooler or maybe put ice in and a sink. I mean it's not necessary that and again, at some point in time, - MRS. MOORE: I disagree because if you want to a C.O. for dwelling you must have a kitchen. You must have at least 850 sq. ft., you must have a bedroom. So, I would respectfully disagree with you on that Building Department - MEMBER DINIZIO: I still have to go back Pat. I still have to go back to the property that was sterilized to give them something, which was the nice, the house, a nice house on the creek. I mean lets face it, someone at some point in time thought that was more desirous than having a cottage but, they build a house and now you're asking us to overturn that. CHAIRMAN GOEHRINGER: We've got to move along here Jim. Is there anybody else that wants to speak against this application that will not be here on November 18th? Seeing no hands I'll make a motion recessing until November 18th. MEMBER DINIZIO: Second. CHAIRMAN GOEHRINGER: All in favor? Motion carried. See Minutes for Resolution. N Y ZONING BOARD OF APPEALS TOWN OF SOUTHOMNEW YORK x I i the Matter of the Application of Les/�e WinatSG% (Names of Applicants) Parcel ID 91000- -70 ------------------------------------- -------x COUNTY OF SUFFOLK) STATE OF'NEW YORK) AFFIDAVIT OF MAILINGS I, Far4iaa (�'- �04 residing at 370 Sol,�6Iol , New York, being duly sworn, depose and say that: On the 7*' day of Qvfode-r- , 19%f , I personally mailed at the United States Post Office inNew 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 (Assessors, or ( ) County Real Property Office , 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. (signature) Sworn to before me this " c;2-,Lday of ®C� 3e�- , 19 � Aluao �ae� Sa„�X uolsa,ww �uu&O� 41o31riS UI Pei,�iEenO �` 4��ZS�-Z4 'off �iNIDA F KOWALSKI DISlMON •, V%J-1 (Notary Publiic) Nuri Public, state Of Nom Yon% No. 52-0247M Qualified In Suffolk County -� COMM;ssior, Expire: N6v,.9; Zap PLEASE list, on the back of this Affidati�it or on a slieet of paper, the lot numbers next to the owner names and addresses for which notices were.,mailed Thank you. In the Matter of the Application of Leslie Windisch (Name of Applicant) Regarding Posting of Sign upon Applicant's Land Identified as 1000- 70 - 5 - 39 VA OF POSTING (0-e�,-rt ,a6alw- residing at -3;70 7, New York, being duly sworn, depose and say that: On the l�f' day of 6Wbe-t , 19�1 1 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 Poster4ir�as-remained in place for seven days prior tot hp date of the subject hearing date, which hearhizAat-bwas shown to be (Signature) Sworn to before me this /'-r- day of Oc-r- 195/ MRGUIET C. RU= --J C' Public, State of NeoVn No.4982528 otaPS:ic) @Ntified in Suffolk Courdy *near the entrance or driveway entrance of my property, as the area most visible to passersby. Updated FOR BOARD AND STAFF USE New Information All 15 C}� NOTICE OF PUBLIC HEARING THURSDAY, OCTOBER 14, 1999 SOUTHOLD TOWN BOARD OF APPEALS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following application will be held for public hearing by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, NY 11971, on THURSDAY, OCTOBER 14, 1999 at the time noted below (or as soon thereafter is possible): 7:25 p.m. Appl. No. 4749 - LESLIE WINDISCH. Based upon a Notice of Disapproval dated August 12, 1999, a Variance is requested under Article III, Section 100-31A.1 for permission to alter accessory building from non -habitable to sleeping quarters (habitable use without cooking or kitchen facilities) with bath facilities at 1375 Pine Neck Road, Southold, NY; County Parcel No. 1000-70-5-39. The Board of Appeals will at same time and place hear any and all persons or representatives desiring to be heard in the above applications or to submit written statements before the hearing is concluded. 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: September 22, 1999. SOUTHOLD TOWN BOARD OF APPEALS PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (516) 765-4330 Fax:: (516) 765-4643 Zoning Board of Appeals 53095 Main Road Southold, NY 11971 October 1, 1999 RE: Leslie Windisch SCTM# 1000-70-5-39 Hearing Date: October 24, 1999 Dear Chairman: Enclosed please find Affidavit of Mailing with Certified Mail Receipts for the above referenced matter. Very truly yours, L4�� PATRICIA C. MOORE PCM/kk Encls. ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK Ai the Matter of the Application of AFFIDAVIT Leslie Windisch OF (Names of Applicants) MAILINGS Parcel ID #1000- 7 0 - 5 - 39 --------------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Karen Klimecko residing at Brigantine Dr Southold , New York, being duly sworn, depose and say that: On the 30 day of September, 19_9_9, I personally mailed at the United States Post Office in gouthoi rl , 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 ( ) Assessors, or ( ) County Real Property Office Suffolk County 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. 0 (signature) Sworn to before me this 1 day of October , 19g_g. WAWM C. RUTKOMO L=HOY Public, State of New Yet (No a Public �0n suao. �'Y ) .ed � suir°%c County June 3. �'�00 1 PLEASE list, on the back of this Affidai,it or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed Thank you. Leslie Windisch SCTM 1000-70-5-39 NAME ADDRESS MAP NO. Laurence M. Sideris 3 Franklin Court West 1000-70-5-38 Garden City, NY 11530 Mr. and Mrs. Wills 119 Garfield Street 1000-70-5-40 Garden City, NY 11530 Mr. and Mrs. Conrardy 1138 Jockey Creek Dr 1000-70-5-16 Southold, NY 11971 Mr. and Mrs. Park Jr. 1500 Pine Neck Road 1000-70-9-1 Southold, NY 11971 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (516) 765-4330 Fax:: (516) 765-4643 BY CERTIFIED MAIL RETURN RECEIPT REQUESTED Neighbors RE: Leslie Windisch SCTM# 1000-70-5-39 Dear Neighbor: FIL September 30, 1999 I represent Leslie Windisch with regard to her property located at 1375 Pine Neck Road, Southold, New York. She is requesting a variance to alter accessory building from non -habitable to sleeping quarters. We have submitted the required application. The hearing on this matter has eeSouthold scheduled for Thursday, October 24, 1999 at 7:25 p. m. atTown Hall. lic hearing and a survey of the Enclosed is the notice of pub premises. stions, or you wish to support this If you have any que application, please do not hesitate to contact me. Very truly yours, r'' C PATRICIA C. MOORE PCM/kk Encls. NOTICE OF PUBLIC HEARING THURSDAY, OCTOBER 14, 1999 SOUTHOLD TOWN BOARD OF APPEALS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following application will be held for public hearing by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, NY 11971, on THURSDAY, OCTOBER 14, 1999 at the time noted below (or as soon thereafter is possible): 7:25 p.m. Appl. No. 4749 - LESLIE WINDISCH. Based upon a Notice of Disapproval dated August 12, 1999, a Variance is requested under Article III, Section 100-31A.1 for permission to alter accessory building from non -habitable to sleeping quarters (habitable use without cooking or kitchen facilities) with bath faciiities at 1375 Pine Neck Road, Southold, NY; County Parcel No. 1000-70-5-39. The Board of Appeals will at same time and place hear any and all persons or representatives desiring to be heard in the above applications or to submit written statements before the hearing is concluded. LEach 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: September 22, 1999. SOUTHOLD TOWN BOARD OF APPEALS _U Z Z M 00 m J1 O P.l Z 0 0 N 0 r O O n D - 0 N 5 a 00' E N OVERHEAD POLE S5° 00'W • z OAKLq N CERTIFIED TO NATIONS TITLE INSURANCE OF NEW YORK INC. OMNI ABSTRACT CORP. (9408- 296404) LESLIE WINDISCH ROSE MARIE WINDISCH PNC MORTGAGE CORP. OF AMERICA DIST. 1000 , SECT. 070.00, BLK. 05.00 , LOT 039.000 N/ F GUS SIDERIS FR. GAR. MON 0.5 'E. /RR W/4E rENGE 0.5'E. W000 q " PONCE p PUMP NOVSE I STORY a `i FRAME DWELL r 0 [p (427' MAP) 421.14' •LWELL O N640 � ON W • r o FRAME ? i RAISED RANCH DWELLING rfk 3'L°om •�•'•.................... ^� FRAME SERVICE WIRES C GARAGE MON. 4 2'E. POLO I STORY FR POLE MFTAL MMETAL SHEDS P GARAGE R; N / F JAMES F. , 6 MAU R EEN A. WILLS r, 0 UNAUTHORIZED ALTERATICN OR ADDITION TO A SURVEY MAP BEARING A LICENSED LAN[ SURVEYOR'S SEAL IS A VIOLATION _ OF SECTION 7209. SUB-DIV.SION 2. OF THE NEW YORK STATE EDUCATION LAW. ONLY COPIES FROM THE ORIGINAL OF THIS SURVEY MARKED WITH AN ORIGINAL OF THE LAND SURVEYOR'S INKED SEAL OR HIS EMBOSSED SEAL SHAL_ BE CONSIDERED TO BE VALID TRUE COPIES. 44 Vt. CERTIFICATIONS INDICATED HEREON SIGNIFY THAT THIS SURVEY WAS PREPARED IN ACCORDANCE WITH THE EXISTING CODE OF PRACTICE FOR LAND SURVEYS ADOPTED BY THE NEW YORK STATE ASSOCIATION OF PROFESSIONAL LAND SURVEY- ORS. SAID CERTIFICATION£ SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED. AND ON THIS BEHALF TO THE TITLE COMPANY. GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON. AND TO THE ASSIGNEES OF THE LENDING INSTITUTION. CERTIFICATIONS ARE NOT TRANS- FERABLE TO ADDITIONAI INSTITUTIONS OR SUBSEQUENT OWNERS. SURVEY OF PROPERTY AT SOUTHOLD TOWN OF SOUTHCLD COUNTYOF SUFFOLK, N.Y. (FILED: II -06-1909,#297) MAP OF "PROP. OF G. WELLS PHILLIPS" BLOCK. — LOT- 8 SCALE: I " 2 401 DATE: DEC. 9, 1994 3 Z (466' MAP) 462.50' 5i O� ti OD ® � Q C3 9 u rn i m t0 0 (T N Z Thomas Licurse Licensed Professional Land Surveyor 1516)-724-453 0 ,,ont .' ti`�.•� P O Box 701 �h59 /C0 Jericho, NY 11753 7 3Ya iJl 049864 O� OD C3 i 0 (T 0 (T N -4 N W � rn Z Thomas Licurse Licensed Professional Land Surveyor 1516)-724-453 0 ,,ont .' ti`�.•� P O Box 701 �h59 /C0 Jericho, NY 11753 7 3Ya iJl 049864 Fol- JLFFPjW& • a I llffia� 9 r� NUTICE OF HEARING IV 9 atilt 1Wa NOTICE IS HEREBY GIVEN that a public hearing will be h y SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York, concerning this property. \//�XMAKF' LESLIE WIN O/SCM 0 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 during normal business days between the hours of 3 a.m. and 4 p.m. BOARD OF APPEALS •TOWN OF SOUTHOLD 9 (516) 765-1809 13'1 Pi tj r tvE-4x fdo Ya lc'fka 14 Flo got•e 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 during normal business dales between the hours of 8 a.m. and 4 p.m. Flelo,c ®7 - THE CHAIR10: Is there anyone present who wishes to speak inst this application? re was no response.) Af t6r,, investigation and inspection the Board finds that the applicant xtequests permission to locate a detached accesso]7, building in t front yard area. If the building were located in the back of house ( lake side) s they would lose t small amount of outdoor wing area that is there. Other p operties and buildings that rder on the road have their back yards and sheds facing the app l ant. Also, properties `hadborder on the lake have their front d r on lake side, The Board finds that sitKlct applicat on of the Ordinance would produce practical difficultie or unne wary hardship; the hardship created is unique and would not a ed -by all properties alike In the immediate vicinity of this operty and in the same use district; and the variance aril not ge the character of the neighborhood, and will obse the op it of the Ordinance. On motion by Mr. fix4lgonis, seconded b�Mr. Haloes it was RESOLVED Rob t Kreib & Wife, Bay Lake Par Roads Trumants Path, East Mar- , N. Y.' be GRANTED approval to 1 to a detached acaaasory b in& -in the front yard area. Location propertys private r d "Truman's Pathe, "Bay -Lake Park°', East Mari N. Y. ote of 'the Boards Ayes:- Messrs: Gillispie, Grigonis, �,00�'Ja-5�35 PUBLIC HEARING: Appeal No. U64 8:30 P.M. s (E.D.S.T. ), upon application of Henry Barry & Wife, Pine Neck Road, Southold, New Fork, for approval sof access --to an interior lot bounded north by Jockey Creek; east by C. Albertson; south by other land off- applicant; west by I. Schaef; as a variance -in accordance with the provisions of 'Section 280-A of the Town Law. Said property being on the northerly side of Pine Neck Roads Southold, New York. Fee paid $5.00. The Chairman opened the hearing by reading the application for approval of access, legal notice of hearing,, affidavit attesting to Its publication in the official newspapers, and notice to the applicant. THE CHAIRMANs Is there anyone present who wishes to speak for this application? 'Me EMKRY HARRys 'I think the situation is substantially as indicated in the application. The previous owner, Chadbourne., Ott.t10iLllyA!Ad a cotta o 86066dOn -the Creek and built a cottage on the 8id portion. In 1990` thej sold a cottage on the north portion, and It -1945 sold one on the south portion. I bought the whole property in 1962. IRM THE CHAIRMAN: You bought from two separate owners? MR. BARRY: The negotiations were handled through Thomas Lynch but two sisters owned one of the cottages. All three names were on the Deed. THE CHAIRMAN: I don't think it concerns us because the property is large enough to divide in two now. MR. BARRY: At one time, for at least five gears, there were two clear and distinct ownerships. THE CHAIRMAN: (Referring to Map) There is a sort of line on the map. You have not suggested a dividing Zine have you? MR. BARRY: That may have been the way the Map was folded. THE CHAIRMAN: This is a photostat of the survey? MR. BARRYs Yes, here is Van Tuyles map. THE CHAIRMAN: You are restricted somewhat by the location of the front house on Pine Neck Road. MR. BARRY: The mid -point is well north of that cottage. It's about 170 ft, from the monument at the road to the middle of that cottage. THE CHAIRMAN: Whatf s the minimum rear yard? M. TERRY, Building Inspectors 25 feet. M. BARRY: I presume a survey might be necessary. MR. HULSE: Are you planning on selling. MR. 'BARRY: Not at this time. I am living in the house on Jockey Creek, M. HULSE: You are going to demolish this present cottage? MR. TERRY, Buiklding Inspectors Not at the Present time" (Mr. Terry and Board members referred to the Map and discussed measurements, THE CHAIRMAN: 230 feet would give about a 30 ft. backyard. moi. HULSE,: That wousld be okay because it could be put forward. THE CHAIRMAN: If you plan to do this, make another application to divide the lot. If the Ordinance does change, under the proposed new Ordinance you would have 40#060 sq,. ft- minimum. -9 - MR. TERRY, Building Inspectors If you approve access through the front lot to the rear lot that is all that is necessary. Describe the front lot and leave the rear lot as a parcel. That would con- stitute enough to hold it. THE CHAIRMAN: We could define the rear lot by defining the front lot. That covers it. M. BARRY: You are talking about making the line at what point? THE CHAIRMAN: The dividing line between the north lot and the south lot would commence at a point 230 feet from Pine Neck Road along the west boundary on course north 50 and proceeding in an easterly direction at right angles to the aforementioned line to intercept a parallel line forming the easterly boundary of the applicant's property... a distance of 100 feet. NR. TRRRY, Building Inspector: Would you prefer to have access on the easterly line of the lot? THE CHAIRMAN: The access which the Board approves in this application is 15 ft. paralleling the easterly border of the property proceeding from Pin®" Neck Roadj, hot # 8 as described in the survey of Van Tuyls December 80 1962. The access we approve is 15 ft. along the easterly side of - Pine Neck Road lot, We have -to describe the ;exact location of where -your access is in case you sell this. THE CHAIRMANS Is there anyone present who wishes to speak against t1kIS application? (There was no response.) After investigation and inspection the Board finds that the applicant requests permission for approval of access to an ifttei0lor lot. It ie desired that total property be divided into two percels In a meaner that will permit access to the northern portion and possible sale of either or both portions at a future date. The requested variance is for a continuance of a preexisting condition. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship= tho hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use- district;-and se- district;"and the variance will not change the character of the neighborhood' and will observe the spirit of the Ordinance, on motion by Mr, Rules# seconded by Mr. Grigonis, it was RESOU D -Henry Barry & Wife$ Pine Nock Road, Southold, New York$ be GRANTED "approval of access to an interior lot as applied for on property bounded h®rth "bT JoCkOr Greek* east by O. Albertson; south by other land of a,ppiL0*jt; 'xeA by I® Schaef. This approval, is Subject to the r9 A- _11i g oWdlilon0s 10- 1. The access to be 15 feet paralleling the easterly border of the property proceeding from Pine Neck Road. 2. The dividing line between the north lot and the south lot would commence at a point 230 Peet from Pine Neck Road along the west boundary on course north 50 and proceed in an easterly direction at right angles to the aforementioned line to intercept a parallel line forming the easterly boundary of the applicant's property... a distance of 100 feet. Vote of the Board: Ayes:- Messrs. Gillispie, Grigonis, Hulse. PIIBLIC HEARING: Appeal No. 1,363 - 8:45 P.M. (E.D.S.T. ), upon appli tion of Lois Barker, a/c The Lorre Lane Shop, Love Land, Mattitu New York$ for a special exception to erect a wall si on side of existing business building as provided in Artie IV, section 408 d 408.0) of the Building Zone Ordinance. 'Lova on of property: ens side of - Love Lane# Mattituak, N. %., bounds north by Drum; east by ttituck Park District and others; south/by M. Kelsey; gest by Lane. Fee paid $5.00. 7 The Chairman open® the hearing by reading the a plication for a special exception, legal,notice of hearing; affidat attesting to its publication in the o ficial newspapers, and"otice to the applicant. / THE CHAIRI : Is there any e present who wishes to speak for this application? LOIS BAREERt I am Lois Barker, fiink I have explained it in Pull in' the ' application. I have a big k wall that is crying for advertising, MR, Y.* Building Inspector,st, When the Ordinance gust went into effects there used to be a �tlletin board here. Since then it has been removed. There is ,now a blank wall. This is not a public street. The Park District owns part of it, Kelsey owns part of it, and the Park Dipirict leases it. MR. G4RI4tiDiIBs I move that we great the applicati as applied for subject to the a /u LI sign conditions. After investi tion and inspection the Board finds the the applicant reques a special exception to erect a wall sign side wall of exist business building located emit ss of Lave e, Kattitugk# ie XQrk. The findings of tho 'Board are that the applicant i anavle to erect a ground sign in this location. d flAds that the public convenience and welfare and justio mill bo served gad 'the legall r established or permitted use of n gbborhood property and ad joining vee districts will not be pe ®ut1y or i�#1� stantially injured and the spirit of the Ordinance ?'•�'tit bld Gb'�i�rd'A'