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fSDti ��c��raler �is-� ,�1JrSy �rc,e�L �s � V J'�®7ic� ar`-,brS,�}i°f'r£'o 10A-L- aft f.�moo -APPEALS BOARD MEMBERS ' OFFO(Ir OHO CC Southold Town Hall Gerard P. Goehringer, Chairman =� Gyj 53095 Main Road James Dinizio, Jr. y P.O. Box 1179 = Southold, New York 11971 Lydia S. To lies O ZBA Fax 516 765-9064 v Lora e Collins y�1jV .a4�i Telephone 765-1809 George Horning 1 � �. P ( ) BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF FEBRUARY 3, 2000 Appl. No. 4777 - STEVEN BLOOM 1000-126-11-15 STREET & LOCALITY: 7800 Peconic Bay Boulevard, Laurel DATE OF PUBLIC HEARING: January 13'h and January 19, 2000 FINDINGS OF FACT BASIS OF APPEAL: Building Inspector's December 17, 1999 Notice of Disapproval, denying applicant's request to amend Building Permit No. 26151Z to cover work in addition to the foundation repair that was authorized under the Permit. The reason for denial is that the additional work is a "substantial renovation" of the cottage in violation of Code section 100-243A, which states that a nonconforming building with a nonconforming use shall not be "enlarged, reconstructed, structurally altered or moved" unless the use becomes conforming. RELIEF REQUESTED: Applicant requests authorization to carry out planned interior repairs to the cottage, in order to eliminate termite and other insect infestation and to improve windows, doors, heating and other features. Repair of the cottage foundation is permitted by Building Permit No. 26151Z and is not an issue here. REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented, . materials submitted and personal inspection, the Board makes the following findings: (1) The cottage constitutes a second dwelling unit on the subject property and is therefore a nonconforming use. (2) After applicants purchased the property early in 1999, they undertook to replace the cottage foundation. Building Permit No. 26151 was issued for this work. When termite and other insect infestation was found in the cottage, interior paneling was tom out in order to clear the infestation. Improvements to the windows, door, heating, and other features of the cottage were planned as part of the work that resulted from the need to clear the infestation. (3) Applicants sought to amend Building Permit No. 26151Z to cover the additional work, but were denied. At a hearing on January 19, 2000, the head of the Building Department testified: (1) that the term "substantial renovation" in the Notice of Disapproval means 'reconstruction,' which is prohibited by Code Section 100-243A; (2) that the proposed work amounts to a "reconstruction" because so much is being done at one time, whereas the separate elements of the project would be permitted as normal maintenance under Section 100-245 if done separately over a period of time. (4) Testimony was given that applicant is not enlarging the cottage or changing the room layout. The Board concludes that the work for which a building permit has been denied -- that is, F-age 2 - February 3, 2000 Appl. No. 4777 - 1000-126-11-15 (Bloom) Southold Town Board of Appeals the work other than the foundation repair -- is "normal maintenance" intended to keep the cottage safe and usable and permitted under section 100-245, and that the concentration of this work into a single project at one point in time does not make it a 'reconstruction" prohibited by section 100- 243A. RESOLUTION/ACTION: On motion by Member Collins, seconded by Chairman Goehringer, it was RESOLVED, that this Board finds that the work for which applicant seeks to amend Building Permit 26151Z is permitted by Code Section 100-245, and that this Board, pursuant to its authority under Section 267-b(1) of New York Town Law, hereby reverses the Building Inspector's December 17, 1999 Notice of Disapproval. VOTE OF THE BOARD: AYES: Members Goehringer (Chairman), Tortora, Collins. (Members Horning and Dinizio were absent.) This Resolkiign was duly adopted (3-0). Approved for Filing T n- /C V U��i a�� 'S'© •e i �aa,e -121e _ ) _ =EOF NEW YORK) )SS: •wrttl c 'ITY OF SUF QLK) q /\ F- U(I 1 is of Mattituck, in said s3oss tNderr e s ;y, being ,'duly sworn, says that he/she is 797 ` avit topp i agread`dnt5,7tTu . ' o.. fF -=.pal clerk of THE SUFFOLK TIMES, a weekly yssitea�Jovembe� z3r paper, published at 'Mattituck, in the Town of ~ 0 `8hO m taitimg 05 `� w Mold, County of Suffolk and State of New York, Wheels �oacbn�' m Ja:r Of q�r et� use t7Jat the Notice of which the annexed is a printed no 340 Difiapproval bi - ° QT has been regularly published in said Newspaper �4�oa . utgld3:✓ 7�a rs s'M MW z naffs rat spa i is each week for weeks succes Sr ' 3a 4uestrfor a include sulr anfia ati^o�`r" ' Je commencing on the '�"� day. rafixnr und$r a.:rirttcte* 7fXIV streieuue'a nm, per w SectJ4ai.JQSR'.24� 'or' ppmv J 4f ie A+iicldX,Yf ��Pra (, U�J_Q(� 20� sei"etf= astiudt de6kiMitim posed coastructwn " x+w- af Jim, regmrement of ' vatfoa pofufte'd 345te[ fAroperty30'*^ Locattou�of�Prop� "' .c waters�,ge.�ma 'SonfltOJ91 NY MYSeAdofi- ,is sty,.. rincipal Clerk Ca4niS'�Parcel Ne(ADOQMS Pafie9 Nix r ti J zzs ° avtd> ` n to before me this T`r CicTianovv�ct is as a 7e�u r a ,t a° s >f V AIV 2000 „ JOHN>P � ti aO F tier 19 J�ig4; totuc aa' T UBLIC. 5 fl c E OF NEW YORK oI5 ` 8r d 8 � e NO C Q.4732613 msfSq htunng II �a' QU'AUFI " "t1FFOLK COUNTY less cr�K Sq t ie C . LXPIR€S MAY 31 psopect}^ ss• ocated CCJMIVI� �i�,, a4 r ealf�.t. 7�A0 - a ei. t' j F ix FORM NO. 3 DEC 2 0 1999 TOWN OF SOUTHOLD BUILDING DEPARTMENT — — i SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL DATE December 17, 1999 TO Patricia Moore A/C Bloom 51020 Main Road Southold N.Y. 11971 Please take notice that your application dated December 15 1999 To amend a permit for repair of foundation to include substantial renovation of structure Location of property 7800 Peconic Bay Blvd County Tax,Map No. 1000 Section 126 Block I Lot 15 Subdivision Filed Map # Lot# Is returned herewith and disapproved on the following grounds: proposed additions'not permitted pursuant to Article XXIV Section 100-243A which states; Anonconforming building containing a nonconforming use shall not be enlarged,reconstructed or structurally altered or moved unless the use of such building is changed to a conforming use. Proposed construction constitutes a renovation prohibited by this section Authorized Signature !?&_4 RD OF HEALTH .... FORM NO, l > , )ETS OF PLANS . .... . . TOWN OF SOUTHOLD SURVEY . .. . . . . , BUILDING'DEPARTMLNT CHECK . .. . . . . . . . . . . .. . .. . . . . . . . TOWN HALL SEPTIC FORM . . . . . . . . . . .. .. . . . . . SOUTHOLD, N.Y. 11971 TEL. 765-1802 NOTIFY: CALL Examined.... .. ...., 19.... ++.. . MAIL TO Approved..SjIZ,��(9.., 19.... , Permit No. 1 tJ� ! Disapproveda/c .................................. ......... ..... ............ (Building ctor) "-- - APPLICATION FOR BUILDING PERMIT qq 1 Date. 1aZ5. . .. . . . .., 19 y1.. 0CT 6 19 INSTRUCTIONS a. 14is application must be completely filled in by typewriter or in ink and submitted to the Building lnspector w 3 sets of 4ans;lam¢ate plot plan to scale_ Fee according to schedule. b. Plot plan shoeing 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 my not be camienced 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 work. e. No building shall be occupied or used in wbole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATICH IS BERMY MADE to the Building Department for the issuance of a Building Permit pursuant to the Buildirg;Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings; additions or alterations,,or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for e racy inspections. .. ..................... (Signa. . of applicant or name, if a corporation) (Mailing addre s f ape rcant) State whether applicant is owner, lessee,(aie�n architect, engineer, general contractor, electrician, plumber or build ......................................... ............................................................................. /)) /y� Qom, �/ Name of owner of premises .!::R:. .Ims..all: �J b/J P Q ........................................ (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 No. ..................... Other Trade's License No. .................... 1. Location of land on which proposed work will be done............................................................. Blise J�OO..... f'�37 .. �+ �GfdIvci �JUREL Number Street Hamlet Canty TaK Map No. 1000 Section ....i 4........ Block 00// .. Lot Subdivision. ................................,...... Filed Hap.No. ............... :lit (Name) 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction a. Existing use and occ upsnc .... , L1�i.5T.... •lfh/f>p Ly y...........l.... . .. ............... b, Intended use and occupancy T. ... ................ �. N7ture of wont tdneck winch apple.. e): New Building .......... Addition .,........ Alteration .......... Repair ..X........ Re rval ............. Demolition ............ Other Fork ................................... l (Description) 4. Es[inre[el Cost ...J f..CO .............. fee ............................. ............... (to be paid on filing this application) 5. if dwelling, rxnber of dwelling units .... ....... Umber of dwelling units on each floor ................ Ifgarage, umber of cars ....................................... 6. If business, comercial or mixed occupancy, specify nature and extent of each type of use...................... 7, Dimensions of existing structures, if any: Front..... 3.......... Fear ..[.3.......... Depth .......... lleight ....11 0 ........... Number of Stories ..... ....... ,{� Dimensions of sae structure with alterations or additions: Front ..{ ..<!� Rear ............... Depth .................... Height .................... Number of Stories ............... 6. Dimensions of entire rew construction: Front .... Rear ............... Depth .............. Height ......................... Number of Stories ................. 9. Size of lot: Front ........... Rear .J:S20.. .......... Depth Cu'n �3. .. 10. Date of Purchase ..................... Name of Former Owner .......................... II. Zane or use district in which premises are situated .. �SiQv»f ............................................ 12. Does proposed construction violate any zoning law, ordinance or regulation: .JJ.4................... 13. Will lot be regraded ...NQ. will excess fill be removed from ses YES premises 4Gi 1�PCIJ .11J Jtzo7f Rut U J9PrJ0e 69) 14. Names of owner of ses /7) ss lI T.. Nll yol�8t Phone Np, ssnJ� ✓ .. PteN .Na a of Architect �..Z : . Name of Contractor ...... Address ................................ ,,.../.... ..............Phone No. ............. . 15. is this property within 300 feet of a tidal wetland? * YES ....c5..... NJ .......... *IF YES, SWUM WA TROSIE85 PM41T KW BE REQUIRED. ... '. PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and indicate all sec-back dim n6ions . �rcm property lines. Give street and block number or description according to deed, and show street names and,indicate +hether interior or corner lot. river Or NW Yom, SS ]IJPJIT T. .JOF lr....... ..... ......... ...........being (July sworn, deposes and says that he is the applicant iaue of ifxlividual signing contract) rove named, isthe ....... ...... ....... ........ ...... ......... .............. (Contractor, agen , corporate officer, etc.) f said owner or owners, and is duly authorized to,perform or have performed the said work and to make and,file :this iplicationt; that all statements contained in this application are true to the best of his knowledge and belief; and tat the work will be performed in the manner .set forth in the application filed therewith. Jorn to before me this ..........da .... 19 Notary Public .......... *Sig - ..plicant) PATRICIA C. MOORE Notary Public,State of New York PATRICIA C. Suffolk County-No.4861668 Notary ub ate of New York Commission Expires Juna 16, u my-No,4861,E 12/17, 1b?99 12:14 5167654643 LAW OFFICES MOORE r_ PAGE 02 � ltew tC 21 t999 town UWX SWAWW TOWN OF WITHOLD. N" YORK LG APPEAL. FROM DECISION OF .BUILDING INSPECTOR APPEAL 110. DATE .... ............. ......... TO TI IE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD.,H. Y. ' Susan and Steven ?7 111f0 Park Avenue, NY, 11Y 10128 1. two) ...,..,,...«w w......• .t+i�. .Bi.. O .,.. .ww.+...»...w.u.»r. .».w.......... . : .. , ...... .....n -. . . .... ........ Name of Appellant Street and Hu'mbar .,. .. ............... . ... ...................... .. ... ....... .......... .. ....«„.....HEREBY-APPEAL TO .. . . Municipality State THE ZONING BOARD OF APPEALS FROM TI tE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. .... ........... DA?Ed ............................................. WitEREBY TFIE BUILDING INSPECTOR 6ENIED TO . ..«......,... .» ...: ....... ............... �� »None of Applicant for permit of �..x:...f.M........................... . ........ ....H»................. ..... l rrha.,...........,. Street and Number Municipality State ( 'I PERMIT TO USE ( 1 PERMIT FOR OCCUPANCY 1. LOCATION OF THS PROPERTY I$Q.Q..�T��1�..�PrCcgg�}�.,G.. t� ��sYS�.a...L;3i!y:Fifr.1 ......T..-49 Street /Ilam�a f Use Distrier` on tenting Mop District 1000 BectionA Block/) Lota5- Current Owner ..Susan & Steven Bloom Map No. 'Lot No Prior Owner Thomas & Dorothy Farley 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number, Do not gyole the Ordinance.) Article Section . 3.y� TYPE OF APPEAL Appeal is mode herewith for (please check appropriate box) ( ' 1 A VARIANCE'to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lock of access (State of New York Town Low Chop, 62 Cons, Lows Art 16 Sec. 280A Subsection 3 (X) appeal of building inspector' s interpretation 4. PREVIOUS APPEAL A previous appeal (iros)(11+as not) been made with respect to this decision of the Building Inspector or with respect to this properly. Such appeal was ( ) request for a special permit ( ) request for a variance and wos made in.Appeal No ..............Doled REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( XI A Variance Io the Zoning Ordinance ( I Is requested for the reason that An existing cottage requires repairs in order to make the structure safer and preserve the use of the property. i'nnn ZnI (C'"TAe of' other tide) 12/17/Y99 12:14 5167654643 LAW OFFICES MOORE PAGE 03 Reason for Appeal Continued Zoning Board of Appeals re : Susan and Steven Bloom 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 variance should be 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 property contains a "guest cottage which has a pre-existing certificate of occupancy dated 12/30/98 . The repairs to the cottage are "in kind/in place" repairs which make the structure sound and safe. No change will be produced in the character of the neighborhood or detriment to nearby properties. The repairs are in conformance with the NYSFP&B Code, i .e. electrical upgrade, plumbing & heating upgrade, insulation replaced before interior Sheetrock walls installed. The structure is being repaired, as needed, due to insect infestation, water damage, and compliance with the NYSFP&B Code . The 12 x 39 foot cottage remains the same. The repairs make the structure safer for the occupants and neighbors. 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 structure was occupied by the prior owner in it' s existing condition. The repairs were identified as needed due to termite and insect infestation, the Blooms want to make the structure safer pursuant to Town Code section 100-245. 100-245 states "Notwithstanding any of the foregoing regulations [i.e. 100-243I , nothing in this Article shall be deemed to prevent normal maintenance and repair of any building or the carrying out upon the issuance of a building permit of major structural alterations or demolitions necessary in the interest of public safety." 12117/1999 12:14 5167654643 LAW OFFICES MOORE PAGE 04 (see attached description of repairs and building plans) 3. The area variance is not substantial The application of the balancing test weighs in favor of the grant of the variance. The ZBA should find that no variance is required for repairs to a preexisting nonconforming structure legally existing prior to the enactment of the Zoning ordinance; this being evidenced by a Pre-C.O. 4 . The variance will have no adverse effect or impact on the physical or environmental conditions in the neighborhood or district. All repairs are an improvement to the existing conditions. S . The alleged difficulty was not self-created. Repairs due to normal deterioration and insect infestation. 6 . The variance requested is the minimum variance practicable given the personal benefits anticipated by the applicant . The work being done to the existing structure is the minimum necessary to make the structure safe and continues to function as a guest cottage. We respectfully request that the appeal be granted, together with any further relief that is deemed necessary and reasonable. Susan Bloom State of New York ) ) SS County of Ncu `fork ) Sworn to this I.7 day V,a, , .b�..- -I�tary Pu ' is LINIDA J. BRAE Wtary.public State of New York No. 6IfIi5Wb7W o wriified in !New York county Commission Expires Aug. 23. 2004 F M PROPERTY RECORD CARD TOWN OF SOUTIOLD /� Y - O STREET 1.4 VILLAGE DIST. SUB. LOT •' � E ACR./ S W l� o vest/ TY OF BUILDING R ELF VL, FARM C MM. CB. MISC. Mkt. Value — �A © IMP. DATE REMARKS2 /� ,/ Z- TOTAL Iv�NC- N G a- (� t-•.- remodel w r�Lter K--_r_B�� � ��„eh - II t9�. IO r � � BUILDING CONDITION ACHE N ?,r T.IQRMAL BELOW . ABOVE 4 9q LII _rg�g4 l_ �l l_� - B)D FA 'Acre Valle iser Value Tilla Trill Tsllo , -' FRONTAGE ON WATER / (u '3 3 Swarm ' FRONTAGE ON ROAD 3 Brus d _ - DEPTH He BULKHEAD 6 DOCK Total I If ■■■■■■ ■ wr m . r.v . . y, ...■■■■■■ ■■■■■■■71 ■■■ ■■■■■ ■� - , ■■e■■ ■■■eo■■e■■i■■■■■C■ L�1 ■■■■■CG .�...���.��.:�® ■■■■■■■ e■e■■CAI ■■■■/I■�,l.�I■�■■■■■■■C ■■■■I�l+iI ■■■ L;■i711V■■■■■■■'!■ ■■■■I®■11 ■■■■■ ■■�i ■■■WIC■11 ■■■■■■■■IIC��J■■■■■ e■■■I�■11■■©eemiat■■I�r,ali�,■■■■C ■■C■IIee■■■■■■�■�■■■ ■�I ■■■■C CC■CCiCCCCCCCCCCC ■CCCMEN s � P i - d APPEALS BOARD MEMBERS O� SufFO�� Southold Town Hall Gerard P. Goehringer, Chairman �� Gym 53095 Main Road James Dinizio,Jr. y '� P.O. Box 1179 Lydia A. Tortora %O Southold, New York 11971 Lora S. Collins y O�� ZBA Fax (516) 765-9064 George Horning �Cl �a Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD February 8, 2000 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Appl. No. 4777 - Steven Bloom Application Dear Mrs. Moore: Enclosed please find a copy of the Appeals Board's approval granted on February 3, 2000. Please be sure to follow-up with the Building Department regarding the next step in the building permit process. A copy of this determination has been furnished to the Building Department for placement in their file and for their update. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN Enclosure Copy of Decision to: Building Department jC)OG.$ EXECUT E (iv) laundries for the use of tenants and occupants,and in connection with the manage- ment and operation of the multiple dwelling; (v) maintenance and work shops,storage rooms for linen,bedding,furniture,supplies, and tenants'equipment and effects; (vi) rooms or space for the incidental sale or display or merchandise to occupants and tenants,such as newspaper,candy and cigar stands;and (vii) garages within the multiple dwelling or on the premises thereof used primarily for the storage of passenger-type motor vehicles. (3) Addition.Extension or increase in area,height or equipment of a building. (4) Alley. Narrow supplementary thoroughfare for the public use of vehicles or pedestri- ans,affording access to abutting property. �� I (5) Alteration.Any change;rearrangement or addition to a building,other than repairs;any modification in construction or in building equipment. (6) Alteration cost. The estimated value, including labor, at the date of application for a building permit of all proposed alterations,repairs and/or additions,plus the actual cost of all alterations, repairs and additions made within the prior six months. Alteration cost shall exclude items which are not regulated by Subchapter B of this Title including,but not limited to, decorating, furnishings, landscaping, grade level patios, site improvements or portable appliances. (7) Apartment.A dwelling unit. (8) Apartment, garden. A multiple dwelling or group of multiple dwellings containing dwelling units,occupying not more than 35 percent of the area of the site or plot on which such dwelling or dwellings are situated. (9) Apartment hotel. A multiple dwelling comprised of dwelling units one or more of which are offered for occupancy for a period of less than 30 days. (10) Apartment house.A multiple dwelling comprised of dwelling units which are offered for occupancy for periods of 30 days or more. (11) Appropriate. Especially suitable or compatible under conditions of use. (12) Approved.Approved by the enforcement officer under the regulations of this code,or approved by an authority designated by law or this code,or acceptable in accordance with the conditions set forth in Part 610 of this Title. (13) Area of public assembly. An area of public assembly includes a building or a portion of a building used for gathering together 50 or more persons for amusement, athletic,civic, dining,educational,entertainment,patriotic,political,recreational,religious,social or similar purposes,the entire fire area of which it is a part,and the means of egress therefrom. (14) Area of refuge. An area,protected from the effects of fire or smoke,for people who are unable to use stairs or who are waiting for instructions or assistance during emergency evacuation. (15) Assembly space. A room or space whose primary use is classified as group C5 occupancy,regardless of the number of persons. (16) Assistive listening system. A permanent system which reinforces sound by transmis- sion within an area from a source to a receiver/transducer to be used by the hearing impaired within that area. (17) Atrium. A vertical opening within a space intended for the general public in a building,enclosed at the top and connecting two or more floors for the purpose of creating an open effect.Malls,stair enclosures,utility shafts,hoistways and escalator openings shall not be classified as an atrium. (18) Attic. Space between the top of uppermost floor construction and underside of roof. 12,046 Executive Jan-Oct 1995 SUBTITLE S HOUSING AND COMMUNITY RENEWAL §606.3 (162) Potable water Water which is approved for drinking, culinary and domestic pur- poses as set forth in the State Sanitary Code. (163) Premises.A lot,plot or parcel of land including the building or structures thereon. (164) Primary function. A major activity for which a facility is intended. Areas that contain a primary function include, but are not limited to, the customer services lobby of a bank,the dining area of a cafeteria,the meeting rooms in a conference center,as well as offices and other work areas. Mechanical rooms,boiler rooms, storage rooms,employee lounges or locker rooms,janitorial closets,entrances,corridors,and restrooms are not areas containing a primary function. (165) Primary occupancy. The principal use or function of a building. The primary occupancy of a single tenancy building will normally be of a single occupancy class oven though there may be accessory spaces of different use which are secondary to the primary function of the building. (166) Protection,street. Any part of a structure or material attached thereto extending or projecting beyond the street building line, including but not limited to architectural features, marquees,fire escapes,signs,flag poles. (167) Property line.Line establishing the boundaries of premises. (168) Public way. Any street,alley or other similar parcel of land essentially open to the outside air,deeded,dedicated or otherwise permanently appropriated to the public for public use and having a clear width and height of not less than 10 feet(304.8 cm). (169) Reference standard. A specification, code,rule, guide or procedure in the field of construction and fire prevention or related thereto,recognized and accepted as authoritative. See Part 1250 of this code. (170) Relief vent..A vent pipe installed at a special location where necessary to permit additional circulation of air between drainage and vent systems. (171) Relocation.The movement of a building from one site to another site,whether on the same premises or to a different premises. (172) Repair. Replacement or renewal, excluding additions, of any part of a building, structure, device, or equipment, with like or similar materials or parts, for the purpose of maintenance,preservation or restoration of such building,structure,device or equipment. (173) Required.Required by this code. (174) Residual deflection. Deflection resulting from an applied load, remaining after removal of such load. (175) Riser. A water supply pipe which extends vertically at least one story height to convey water to branches or fixtures. (176) Roof. A horizontal or inclined structural element of a building which serves as the top closure. (177) Roof covering.Material applied to roof surfaces for protection against the elements. Roof insulation shall not be deemed to be a roof covering. (178) Self-closing. (See definition under opening protective.) (179) Self-service storage facility.A building having two or more tenants or occupants that is used for the purpose of storage of personal property (180) Sewage. Any liquid waste containing animal or vegetable matter in suspension or solution,and which may include industrial wastes and liquids containing chemicals. (181) Shaft. vertical opening or enclosed space extending through two or more floors of a building,or through a floor and roof. (182) Shall. As used in this code,is mandatory. (183) Sleeping room.Room used for sleeping,primarily for single-tenant occupancy 09/30/97 12,055 Executive § 1231.2 TITLE 9 EXECUTIVE (c) Conversions listed in this subdivision shall be exempt from the requirements of Part 1232 of this Title, unless additional work such as alterations, addition, repairs or relocation require compliance.See sections 1231.3, 1231.4 and 1231.5 of this Part.In any case,these conversions must comply with the appropriate requirements for fire protection equipment,emergency power and emergency lighting as found in Parts 721, 744 and 774 and Parts 1032 and 1033 of Subchapter B of this Title. (1) Al from A2; (2) C1 from C2; (3) C3 from C3 where the hazard classification is reduced; (4) C4 from C4 where the hazard classification is reduced; (5) C6.1 from C6.2. (d) Where the use of a building or portion thereof is changed to a dance hall,nightclub or similar use,or an area of public assembly intended or designed for an occupancy of 100 or more persons,except such areas used solely as places of worship,the converted apace,accessory spaces and the means of egress therefrom shall be provided with a fire sprinkler system installed in conformity with section 1060.4 of this Title. (e) A one-family dwelling is permitted to be used as a bed and breakfast dwelling defined in accordance with section 606.3(a)of this Title,under the following conditions: (1) No bedrooms for transient use shall be located above the second story. (2) A fire safety notice shall be affixed to the occupied side of the entrance door of each bedroom for transient use indicating: (i) means of egress; (ii) location of means for transmitting fire alarms,if any;and (iii) evacuation procedures to be followed in the event of a fire or smoke condition or upon activation of a fire or smoke detecting or other alarm device. (3) Means of egress shall include at least one of the following alternatives: (i) a special sprinkler installation conforming to the requirements of section 1060.4(g)of this Title protecting all interior stairs serving as a means of egress; (ii) an exterior stair conforming to the requirements of section 713.1 of this Title providing a second means of egress from all above grade stories or levels;or (iii) an opening for emergency use conforming to the requirements of section 714.1(b) and(c)of this Title within each bedroom for transient use,such opening to have a sill not more than 14 feet above level grade directly below and as permanent equipment,a portable escape ladder which attaches securely to such sill.Such ladder shall be constructed with rigid rungs designed to standoff from the building wall,shall be capable of sustaining a minimum load of 1,000 pounds,shall extend to grade,and provide unobstructed egress to legal open space. (4) Smoke-detecting alarm devices,installed in conformity with section 1060.10 of this Title,shall be provided outside each separate sleeping area,in each sleeping space and on each floor level. _ Historical Note Sec.filed Dec. 13,1983;repealed,new filed Dec. 13,1994;amds.filed:Sept.30,1997 as emergency measure;Dec.23,1997 eff.Jan.7,1998.Added(e). § 1231.3 Alterations and repairs. (a) Alterations shall comply with Subchapter B except as modified by Part 1236 of this Title, and except that minor alterations are permitted to be made in buildings with like or similar materials to those existing.Minor alterations include changes or modifications in a building or 12,528 Executive 12/31/97 SUBTITLE S HOUSING AND COMMUNITY RENEWAL § 1231.3 any part thereof, excluding additions, that do not affect health, fire safety or structural safety. Minor alterations shall not include: (1) removal,cutting or modification of any structural support; (2) removal,change or closing of any required means of egress; (3) any change or rearrangement affecting loading, exit requirements or equipment re- quirements; - (4) any addition,alteration or rearrangement of fire protection equipment; (5) any addition,alteration or rearrangement of water distribution or drainage piping; (6) any addition,alteration or rearrangement of electrical distribution equipment;and (7) any addition,alteration or rearrangement of gas distribution equipment. (b) Repairs to existing materials or systems are permitted to be made with like or similar materials so as to replace existing conditions in need of repair,provided such repairs are made in a safe and sanitary manner. (c) When the alteration cost, including additions and repairs, exceeds 50 percent of the replacement cost of a building,the entire existing building shall conform with Part 1232 of this Title.The cost of any addition need not be included in this calculation provided the addition is separated from the rest of the building with construction having a fire resistive rating of at least two hours.Openings in the fire separation shall be protected as provided in Subchapter B of this Title. (d) The entire roof covering of a contiguous roof plane shall comply with section 716.7, 738.6 or 770.4 of this Title as appropriate for the occupancy of the building if more than 25 percent of the covering is replaced in any six-month period.Roof surfaces that are separated by less than three feet vertically or horizontally shall be deemed to be continuous. (e) When the alteration cost to a flammable liquid motor fuel dispensing system,made within any six-month period, exceeds 50 percent of the cost of replacement of the system at the beginning of that six-month period,an automatic fire extinguishing system suitable for petroleum 09/30/97 12,528.1 Executive SUBTITLE S HOUSING AND COMMUNITY RENEWAL §1231.5 fires and installed in conformity with section 1060.7 of this code shall be provided in the dispensing area. Historical Note Sec.filed Dec. 13,1983;repealed,new filed Dec. 13,1994 eff.Dec.28, 1994 §1231.4 Additions. (a) Additions to buildings shall comply with Subchapter B of this code except as modified by Part 1236 of this Title. (b) An addition to a building shall not cause the existing building or the combined existing building and addition to exceed the height and fire area limitations as provided in Part 705 of this Title. (c) When the alteration cost, including additions and repairs, exceeds 50 percent of the replacement cost of a building,the entire existing building shall conform with Part 1232 of this Title.The cost of any addition need not be included in this calculation provided the addition is separated from the rest of the building with construction having a fire resistive rating of at least two hours.Openings in the fire separation shall be protected as provided in Subchapter B of this Title. Historical Note Sec.filed Dec. 13, 1983,repealed,new filed Dec. 13, 1994 eff.Dec.28, 1994. § 1231.5 Relocation of buildings. (a) General requirements. (1) All buildings shall be moved in a safe manner. (2) All work at the relocation site performed in order to receive the relocated building shall conform with Subchapter B of this Title,including but not limited to,structural requirements, utilities and distance separations. (b) All conversions, alterations and repairs, and additions to relocated buildings shall con- form with sections 1231.2, 1231.3 and 1231.4 of this Part,respectively (c) All residential buildings which are relocated shall be shown to be in compliance with Subchapter F of this Title. (d) Buildings of Al or A2 occupancy,including mobile homes,which are relocated shall: (1) be equipped with at least one single station smoke-detecting alarm device,installed in conformity with section 1060.10 of this Title and located on or near the ceiling adjacent to sleeping spaces on each floor level; (2) be inspected by an agency or individual acceptable to the local authority having jurisdiction to determine that the electrical system appears to be properly functioning and free of hazards. Written documentation signed by the inspector shall be submitted to the code enforcement official. (e) Mobile homes which are relocated shall comply with Parts 1221, 1222 and 1223 of this Title except that mobile homes manufactured before June 15, 1976 need not comply with Parts 1221 and 1222 of this Title if they have been inspected by an agency or individual acceptable to the code enforcement official,to determine that they are: (1) structurally sound, (2) free of heating and electrical system hazards. Written documentation signed by the inspector shall be submitted to the code enforcement official. (f) Buildings,other than Al or A2 occupancies and mobile homes,which are relocated shall comply with Part 1232 of this Title. Historical Note Sec.filed Dec. 13, 1983,repealed,new filed Dec. 13, 1994 eff.Dec.28,1994 Jan-Oct 1995 12,529 Executive 9`6 C l'Ilk) _ _�—__�_._ lb o o _`_/ x �/r_/. ___C�s-/�-✓ � / J __._ _._a..H c)cle s ZX _.- iEi pt� E r., /boo — ov .-AAM a 1?9 C-K"4--a: - _ V ' b 1 ; —Ctf,�rT c®-rvt ii vv j rl_6—LG4 Qom, y� ILp9? 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'� '.'b. .. • .TTI,Yc..,<e�eTPI<T 4' y H• I�O I` a 00 214 S Y• ..J i\\\ \ \\ ! d -Y�JJ ® b / 5 `` B - W � O `; 'ts •� aT. �E� '•20� s� g di' A;,P: \e"\�\4� / ➢'m "� ,C s a•/ e� v} —f�— `� T•i Q•J oHAa. fl IBetl FY \\�\\ 'gb^6 D�.d�g COa SEE 9ft NO IJa - i ,,r.. nse .' e' ,,1By �.•8 b�• ititi� .\` /gg tiY 8 !4 \ 41 ••��\`�o de�°ee i` a•w �!P \\\ �� "'p ;��� \\ d` /b "' g :`,•7,••• j _J IT F �egiP / u°^` /•a / _ 'y.y \ 'Sim 'o MPTCX� LIRE �,••/ \ H� `\\� - SEE sfc nO.lxe opg// 4 - o Leaeald KEY MAP © COUNTY OF SUFFOLK ITOYHOF SOUTHOLD sfrnoXnv -p _ - .. ••.,_ ---- �.,�•.�' '----- ""' - -- - O _,. _._, --- �S�.f��° •_�� .As..r..T ..m Real Property Tax Service Agency s 1 2 6 .. C..�I, C1.1 �_1600 BUILDING DEPARTMENT ' '• '' TOWN OF SOUTHOLD HOUSING CODE INSPECTION REPORT ' LOCATION: 7800 GREAT PECONIC BAY BLVD LAUREL SUBDIVISION: MAP NO. : LOT (S) NAME OF OWNER (S) : THOMAS P & DOROTHY E. FARLEY OCCUPANCY: SINGLE FAMILY DWELLING THOMAS P & DOROTHY E. FARLEY ADMITTED BY: THOMAS P FARLEY ACCOMPANIED BY: SAME KEY AVAILABLE: SUFF. CO. TAX MAP NO.: 126.-11-15 SOURCE OF REQUEST: THOMAS FARLEY, 11/16/98 DATE: 12/30/98 DWELLING: TYPE OF CONSTRUCTION: WOOD FRAME # STORIES: 2.0 # EXITS: _ 3 FOUNDATION: CONCRETE BLOCK CELLAR: 1/3 CRAWL SPACE: 2/3 TOTAL ROOMS: 1ST FLR.: 7 2ND FLR.: _ 3RD FLR. : 0 BATHROOM(S) : 4.0 TOILET ROOM(S) : 1.0 UTILITY ROOM(S) : PORCH TYPE: COVERED(ROAD SIDE) ** DECK TYPE: PATIO TYPE: BREEZEWAY: FIREPLACE: 1 GARAGE: DOMESTIC HOTWATER: YES TYPE HEATER: GAS AIRCONDITIONING: TYPE HEAT: GAS WARM AIR: HOTWATER: OTHER: * 2 BEDROOMS & STORAGE ** COVERED SCREENED (WATER) ACCESSORY STRUCTURES: GARAGE, TYPE OF CONST. : WOOD FRAME STORAGE, TYPE CONST.: WOOD FRAME PUMP HOUSE SWIMMING POOL: GUEST, TYPE CONST.: WOOD FRAME-GUEST COTTAGE OTHER: VIOLATIONS: CHAPTER 45 N.Y. STATE UNIFORM FIRE PREVENTION & BUILDING CODE LOCATION I DESCRIPTION ; ART SEC REMARKS: BP#11962Z-COZ13525(ADD)BP #20655Z-0O2-24363(ALT KITC'HEN)OPFN BP#25447Z INSPECTED BY: DATE ON INSPECTION: 12/30/98 MICHAEL J. VERITY TIME START: 12:45 AM END: 1:50 PM r P o MEMORANDUM PREEXISTING USES Although public policy favors the restriction and eventual elimination of nonconforming uses zoning restrictions affecting nonconforming uses, "being in derogation of common-law property rights, should be strictly construed * * * in favor of the property owner" (Matter of Toys "R" Us v. Silva, 89 N.Y.2d 411, 421, 654 N.Y.S.2d 100, 676 N.E.2d 862). Stephentown Concerned Citizens v. Herrick , 676 N.Y.S.2d 246, 246 A.D.2d 166„ (N.Y.A.D. 3 Dept. 1998) Excerpt from pages 676 N.Y.S.2d 247-676 N.Y.S.2d 248. Southold Town Code 100-245 Repairs and Maintenance: "Notwithstanding any of the foregoing regulations, nothing in this article shall be deemed to prevent normal maintenance and repair of any building or the carrying out upon the issuance of a building permit of major structural alterations or demolitions necessary in the interest of public safety. " The Bloom's preexisting cottage required normal maintenance and repairs due to water and insect damage, in accordance with 100-245 a building permit should be issued without any variances or zoning board applications. The law is well established that in order to effectuate the discontinuance of a preexisting nonconforming use the use must be completely discontinued for the period of time designated in the statute. (see,Matter of Marzella v. Munroe, 69 N.Y.2d 967, 968, 516 N.Y.S.2d 647, 509 N.E.2d 342; Town of Islip v. P.B.S. Marina, 133 A.D.2d 81, 518 N.Y.S.2d 427, Iv denied 70 N.Y.2d 611, 523 N.Y.S.2d 495, 518 N.E.2d 6; Matter of Daggett v. Putnam, 40 A.D.2d 576, 334 N.Y.S.2d 556; Baml Realty, Inc. v. State of New York, 35 A.D.2d 857, 314 N.Y.S.2d 1013; cf., Matter of Toys "R" Us v. Silva, supra, at 419-422, 654 N.Y.S.2d 100, 676 N.E.2d 862). The Southold Town building department has ignored the law and denied property owners the right to continue preexisting uses by refusing to permit normal repairs and maintenance in an effort to unilaterally eliminate preexisting second dwellings. Moreover, the Courts recognize the extension or expansion of preexisting nonconforming uses where it can be demonstrated that nonconforming use forms an integral part of original contemplated use of entire parcel. Rudolf Steiner Fellowship Foundation v. De Luccia, 647 N.Y.S.2d 863, 231 A.D.2d 726, (N.Y.A.D. 2 Dept. 1996). Consequently, even expansions of the preexisting dwellings are permitted since the residential use on the property forms an integral part of the property. Most of the cottages throughout the Town developed as guest cottages in a seasonal community. These cottages provide full private living accommodations which are very valuable and desirable, and are merely being continued and improved to meet present building codes. PATRICIA C. MOORE Attorney at Law DEC 1020 Main Road Gti 2 9 1999 �( ; 1 Southold, New York 11971-4616 L-3 3S-/pr� f,° Tel: (631) 765-4330 V i Fax: (631) 765-4643 - -- December 29, 1999 BY HAND Board of Appeals Town of Southold 53095 Main Road P.O. Box 1179 Southold, NY 11971 RE: Appl . No. 4777 Susan and Steven Bloom Project at Laurel Dear Ladies/Gentlemen: In response to your letter dated December 27, 1999 : (a) The variance is being requested pursuant to Town Code Article XXIV Section 100-245 (b) Enclosed is the Pre-Existing Certificate of Occupancy dated 12/30/98 with the inspection report attached (c ) Copy of requested application will be forwarded to you at a later date Please proceed with advertising the application for a public hearing to be held January 13th. Thank you. Very truly yours, Patricia C. Moore By: Margaret Rutkowski /mr Enc . TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. PRE EXISTING CERTIFICATE OF OCCUPANCY No: Z- 26198 Date: 12/30/98 THIS CERTIFIES that the building DWELLING Location of Property 7800 GREAT PECONIC BAY BLVD LAUREL (HOUSE NO. ) (STREET) (HAMLET) County Tax Map No. 473889 Section 126 Block 0011 Lot 015 Subdivision Filed Map No. Lot No. conforms substantially to the Requirements for a ONE FAMILY DWELLING built prior to APRIL 9, 1957 pursuant to which CERTIFICATE OF OCCUPANCY NUMBER Z- 26198 dated DECEMBER 30, 1998 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ONE FAMILY DWELLING WITH ACCESSORY GARAGE, PUMP HOUSE & GUEST COTTAGE* The certificate is issued to THOMAS P & DOROTHY E. FARLEY (OWNER) of the aforesaid building. SUFF,OLK Z-ILTN' "r DEPARTMENT OF HEALTH APPROVAL N/A ELECTRICAL CERTIFICATE NO. N/A PLUMBERS CERTIFICATION DATED N/A *PLEASE SEE ATTACHED INSPECTION REPORT. BuildiW inspectak Rev. 1/81 .y PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (516)765-4330 Fax: (516)765-4643 Margaret Rutkowski Secretary January 3 , 2000 Southold Town Zoning Board of Appeals Gerard P. Goehringer, Chairman Southold Town Hall 53095 Main Road Southold, NY 11971 Re : Bloom cottage Dear Chairman and Board members : Enclosed please find the October 25, 1999 application for a building permit which was submitted together with a set of plans to the building department and my letter explaining the repairs needed at the time. Based on this permit application and plans the building inspector issued a building permit for repairs to the foundation. Thereafter, the cottage required additional repairs described on the plans in your file. We submitted the "amended" plans on or about December 15, 1999 to the building inspector. After reviewing the proposed work the building inspector issued a notice of disapproval on December 17, 1999 . If you have any questions please do not hesitate to contact me . /.+ _ J Ve y yours, r0/, at C. Moore 1 JAN - 3 f PATRICIA C. MOO" Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (516)765-4330 Fax: (516)765-4643 Margaret Rutkowski Secretary October 26, 1999 ---- r71` Southold Town Building Department Main Road JAN 3 i' Southold, NY 11971 Re : 7800 Great Peconic Bay Blvd. _- Laurel, NY 1000-126-0011-015 Dear Mr. Forrester: The owners of the above premises, Mr. and Mrs . Bloom, are in the process of repairing the foundation of an existing cottage due to termite damage . The building inspectors stopped the repairs and directed the owners to file for a building permit . Enclosed please find a building permit, check for the fee, and a set of plans for the repairs . The inspector had questioned the repairs to the cottage . He may not have been aware that the cottage had a pre-certificate of occupancy, and the cottage had been occupied by the previous family. The repairs are being undertaken for the present owners to continue to use the cottage . Enclosed please find the pre-certificate of occupancy and an affidavit by the prior owner, Judge Thomas P. Farley as to the use of the cottage . We would respectfully request that this building permit application be processed as soon as possible, the contractor was in he process of making the repairs when the job was stopped. /� /��C<% ' , -7� Gz� / uef ,�• Very tr Ay yours, U '`--7 ze • Patricia C. Moore cc : Mr. and Mrs . Bloom Fairweather & Brown �� c APPEALS BOARD MEMBER. O'S',IF -CO Southold Town Hall Gerard P. Goehringer, Chairman �� Gym 53095 Main Road James Dinizio,Jr. ti P.O. Box 1179 Lydia A. Tortora � � Southold,New York 11971 Lora S. Collins y � ZBA Fax(516) 765-9064 George Horning �Cl �� Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD December 27, 1999 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Appl. No. 4777 - Susan and Steven Bloom Project at Laurel Dear Mrs. Moore: The application has been reviewed and is incomplete for the following reasons: (a) does not include Article and Section of the Code for which a Variance is being requested at#3 on the application form. r, (b) does not include the inspection report attached to the 12/30/98 pre-existing certificate of occupancy #Z-26198. (c) does not include a copy of the application dated December 15, 1999 to the Building Inspector (noted in the December 17, 1999 Notice of Disapproval). Please furnish item (a) above by December 29th in order that we may proceed with advertising the application for a public hearing to be held January 13th. Items (b) and (c) requested above may follow in a few days. Thank you. Very truly yours, ZBA Office Sent by Fax and Regular Mail bc: Building Department (Attn: E. Forrester) f PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (516)765-4330 Fax: (516)765-4643 Margaret Rutkowski Secretary December 20, 1999 Southold Town Zoning Board of Appeals Gerard P. Goehringer, Chairman Southold Town Hall 53095 Main Road Southold, NY 11971 Re : Susan and Steven Bloom Dear Chairman and Board members : Enclosed please find and application for a variance/or in the alternative an appeal of the building inspector' s determination with regard to the pre- existing cottage. The owners purchased the property with the subject occupied cottage, the cottage maintains a pre-existing certificate of occupancy. The owners are merely making, in kind in place, repairs to the cottage to preserve and protect the use. In light of the situation, we would ask that the board reverse the building inspector' s decision and permit the owners to continue to repair the structure to make it safe. Very-t-ruly yo rs, 1 Palt c i C. Moore cc : Mr. and Mrs . Bloom StaFFO[ G ELIZABETH A.NEVILLE hy. yam► Town Hall, 53095 Main Road TOWN CLERK P.O. Box 1179 y Southold, New York 11971 REGISTRAR OF VITAL STATISTICS r Fax (516) 765-1823 MARRIAGE OFFICER • RECORDS MANAGEMENT OFFICER y�01 ���� Telephone (516) 765-1800 FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: December 21, 1999 RE: Zoning Appeal No. 4777 - Susan & Steven Bloom Transmitted herewith is Zoning Board Of Appeals Application 4777 - Susan & Steven Bloom. Also included are Z.B.A. Questionnaire, Applicant Transactional Disclosure Form, Letter of Disclosure, copy of Property Record Card, Notice Of Disapproval, Application For Building Permit, List Of Repairs for Bloom cottage, copy of Building Permit, Pre Existing Certificate of Occupancy, copy of Survey and copy of Plans. 12/17/1999 12:14 5167654643 LAW OFFICES MOORE PAGE 05 M- LIST OF REPAIRS FOR BLOOM COTTAGE BEFORE: 12 X 39 FOOT COTTAGE = 468 SQUARE FEET EXTERIOR: CEDAR SHINGLES, INTERIOR FINISHED HEATED BY CENTRAL FURNACE WITH GRILL KITCHEN, BEDROOM AND BATHROOM AFTER: 12 X 39 FOOT COTTAGE = 468 SQUARE FEET EXTERIOR: CEDAR SHINGLES, INTERIOR FINISHED HEATED BY CENTRAL FURNACE WITH GRILL KITCHEN, BEDROOM AND BATHROOM REPAIRS : IN KIND REPLACEMENT OF DEFECTIVE COMPONENTS INTERIOR FINISH (PANELING) REMOVED TO EXPOSE DEGREE OF INSECT INFESTATION TO STRUCTURE COLLAR TIES REPLACED POST REPLACED RIM JOISTS ADDED BEAM FOR ADDED STRUCTURAL SUPPORT REPLACE WINDOW IN BEDROOM FOR EGRESS SIZED WINDOW REPLACE FURNACE NO ADDED DUCT WORK INSULATION AND INTERIOR WALLS Cost Of repairs 0$12, 000-$15, 000 (AS NEEDED) Value of cottage: (468 SQUARE FOOT COTTAGE) X $100/SQ.FT. a $46, 800 apf I TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. PRE EXISTING CERTIFICATE OF OCCUPANCY V No: Z- 26198 Date: 12/30/98 THIS CERTIFIES that the building DWELLING Location of Property 7800 GREAT PECONIC BAY BLVD LAUREL (HOUSE NO. ) (STREET) (HAMLET) County Tax Map No. 473889 Section 126 Block 0011 Lot 015 Subdivision Filed Map No. Lot No. conforms substantially to the Requirements for a ONE FAMILY DWELLING built prior to APRIL 9, 1957 pursuant to which CERTIFICATE OF OCCUPANCY NUMBER Z- 26198 dated DECEMBER 30, 1998 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ONE FAMILY DWELLING WITH ACCESSORY GARAGE, PUMP HOUSE & GUEST COTTAGE* The certificate is issued to THOMAS P & DOROTHY E. FARLEY (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A ELECTRICAL CERTIFICATE NO. N/A PLUMBERS CERTIFICATION DATED N/A *PLEASE SEE ATTACHED INSPECTION REPORT. Buildi*y Inspectdi- Rev. 1/81 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Hall Southold, N.Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) e PERMIT NO. 26151 Z Date NOVEMBER 12, 1999 Permission is hereby granted to: STEVEN D & SUSAN F BLOOM NEW YORK,NY 10028 for REPAIR FOUNDATION ON EXISTING COTTAGE AS APPLIED FOR. at premises located at 7800 GREAT PECONIC BAY BLVD LAUREL County Tax Map No. 473889 Section 126 Block 0011 Lot No. 015 pursuant to application dated OCTOBER 26 99 and approved by the Building Inspector. Fee $ 75 . 00 ,79��Authoriz ignature COPY Rev. 2/19/98 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 Susan and Steven Bloom. 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: 1111z01f);AW4"- INilrianfD.Moore 12/17/1999 12: 14 5167654643 LAW OFFICES MOORE PAGE 06 APPLICANT TRANSACTIONAL DISCLOSUItR PolIM The Town of Soutliold 'a Code of Gtliics rohibits conflicts of nterest on the pari,. of town of.f cer8 and em to eev. The PUX12ose of this form is to provide formation which can alert the town of Qssibie congl. ets of interest and allow It to take whatever action is necesear to avo d same. YOUR NAHRz Susan Bloom - m ddl.e inibiai, unle'as (La®t name, first name, YOU are applying in the name of someone else or other entity, such as a company. If no, indicate the other parson 's or company ' s name. ) NATURE OF APPLICATION* (Check all that apply. ) Tax grievance Variance Change of zone _ '- Approval of plat Exemption from plat or official map Other - (If "Other, " name bite activity . ) Do you personally (or through Your company, spouse, sibling, parent, or child) have a relationship will* any officer or employee of the Town or Southold? "Relationship" includes by blood, marriage, or business interest. "llusinens Interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of (Or employment by) a corporation in wt*ich the town officer or employee owns more than 5% of t1*e shares. YES No X If YOU answered "YES, " complete the balance of thin form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself ( the applicant ) and the town officer or employee. Either check the appropriate line A) through D) aind/or describe in the apace provided . The town officer or employee or his or her spouse, sibling , parent, or child is (check all that apply ) s A) the owner of greater than 5% of the shares of the corporate stock of the applici nb (when the applicant In a corporation ) ; 8) the legal or beneficial owner of any interest in a noncorporate entity (when Lila applicant is not a corporation ) i C) an officer, director , partner, or employee of bite applicant ; or D) tite actual applicant . DESCRIPTION OF nELATIONS11tP Submitted this L,_day of eC- 1991 signature _ ._ Print name Susan Bloom 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. ) NoA/e, B. Is the subject premises listed on the real estate market for sal or being shown to prospective buyers? { } Yes (✓} No. (If Yes, please attach copy of "conditions" of sale. ) C. Are there proposals to change or alter land contours? { } Yes ( No D. 1. Are there any areas which contain wetland grasses? No4 in 4Ile4 2. Are the wetland areas shown on the map submitted with this application? N/- 3 . Is the property bulkheaded between the wetlands area and the upland building area? N/4 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? N114 E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? /V.A- (If not applicable, state "N.A. " ) F. Are there any patios, concrete barriers, bulkheads or fences which exist and are not shown on the survey map that you are submitting? NaAt If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? eS If yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state. _ Pica* Cow g c H. Do you or any co-owner also own other land close to this parcel? NP If yes, please explain where or submit copies of deeds. I. Please list present use or operations conducted at this parcel 1&aec1exa e_ and proposed use Au rized Signature and Date 3/87, 10/901k FOR BOARD AND STAFF USE Updated New Information y / � r � i NOTICE OF PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, JANUARY 13, 2000 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following application will be held for a public hearing by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, NY 11971, on THURSDAY, JANUARY 13, 2000 at the time noted below (or as soon thereafter is possible): 7:10 p.m. Appl. No. 4777 - Susan and Steven Bloom. This is an appeal of the December 17, 1999 Notice of Disapproval, requesting an Interpretation and/or Variance • under Article XXIV, Section 100-245 with respect to applicant's request to amend building permit No. 26151 issued November 12, 1999 for renovations to accessory building containing nonconforming "sleeping quarters use." The reason stated in the Building Inspectors Notice of Disapproval is that applicants' request to "repair foundation to include 'substantial renovation of structure' is not permitted pursuant to Article XXIV, Section 100-243A. Proposed construction constitutes a renovation prohibited by this section." Location of Property: 7800 Peconic Bay Boulevard, Laurel, NY; County Parcel No. 1000-126-11-15. The Board of Appeals will at same time and place hear individuals and group representatives desiring to be heard in the above application or to submit written statements before the hearing is concluded. Each hearing will not start earlier than designated. Files are available for review during regulation Town Hall business hours (8-4 p.m.). If you have questions, please do not hesitate to call (631) 765-1809. Dated: January 3, 2000. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By L. Kowalski PATRICIA C. MOORE -- - ---'-r-Fg r; Attorney at Law ' e 51020 Main Road Southold,New York 11971 Tel:(631)765-4330 6 JAN ^`` 2000 ' Fax::(631)765-4643 t January 6, 2000 Southold Town Board of Appeals 53095 Main Road Southold, NY 11971 RE: Susan and Steven Bloom Application Hearing Date : January 13 , 2000 Dear Chairman: Enclosed please find Affidavit of Mailing with Certified Mail Receipts for the above referenced matter. Very truly yours, OATRICIA rCM0(0RE PCM/kk Encls . BAN - -� t -?n �t° 1 r ZONING BOARD OF APPEALS ?��`�� eeert TOWN OF SOUTHOLD: NEW YORK ----------------------------------------------------------x In the Matter of the Application of AFFIDAVIT OF Susan and Steven Bloom MAILINGS (Names of Applicants) Parcel ID#1000- 126-11-15 -----------------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Karen L. Klimecko residing at 1265 Brigantine Dr. Southold, New York,being duly sworn, depose and say that: On the 4th day of January , 2000 , I personally mailed at the United States Post Office in Southold ,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_Southold,NY , 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) Sw rn to before me this CoT"day of January , 2000. - rARt3AF�T c.atmco�o IMPWIC,State of Newer (PTO Public) No.49t-5�o_ 451k PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed Thank you. Bloom Neiphbor List , j E fj � 81 Bloom, Susan and Steven �;' JI JAN 1120 Park Ave New York,NY 10128 1000-126-11-15 Druck III, James F. A" Ate-1-0111 7015 Peconic Bay Blvd. P.O. Box 355 Laurel, NY 11948 1000-126-11-13 Hinsch, Ellen 333 E. 46th Street New York,NY 10017 1000-126-11-16 Z 347 584 567 Keane & Ots., Thomas F. US Postal Service 30 Aberdeen Rd. Receipt for Certified Mail No Insurance Coverage Provided. New Hude Park,NY 11040 Do not use for International Mail see reverse Sent to 1000-126-9-13.2 Ellen Hinsch Street&Number 333 E. 46th Street Meinke, Margaret , ,f',,, . Lam Post Office,state,&ZIP Code P.O. Box 78 New York, NY 10017 Cutchogue,NY 11935 Postage $ 1000-126-11-14 Certified Fee (5 t Y Special Delivery Fee Roache III, Benedict J. f Restricted Delivery Fee BOX 523 Bra Ave. Return Receipt Show in 1;y }� Whom&Date Delive Mattituck,NY 11952 1 Retum Receipt Show i 1000 126 10 10 J Q Date,&Addressee's s % , fast n . �r ostage Fees or Date , ^ F ` ei SENDER: I also wish to receive the follow- in services for an extra fee): rn O Complete items 1 and/or 2 for additional services. 9 /I m Complete items 3,4a,and 4b. vsPs ' c3 Print your name and address on the reverse of this form so that we can return this ch 1 i m card to you. ❑ Addressee's Address O Attach this form to the front of the mailpiece,or on the back if space does not permit. 2. El Restricted Delivery N r ❑Write"Ret Receipt Requested"on the mailpiece below the article number a The Retu Receipt will show to whom the article was delivered and the date � p delivered.11 � •� 0 3.Article dressed to: 4a.Article Number a Margaret Meinke Z 347 584 569 E 4b.Service Type d w P.O. Box 78 ❑ Registered OCertified rn to ❑Express Mail ❑Insured E- CIO Cutchogue, NY 11935 y W ❑ Return Receipt for Merchandise ❑COD c a7 Date of Delivery c �5s = Z /-3 v6 >. D 5.Received By- (Print Name) 8.Addressee's Address(Only if requested and m w fee is paid) OC .r ,. r-- c6.Signature Addressee o gent) }' y @' PS Fo 3811, December 1994, to2595-99-B-o223 Domestic Return Receipt .— 1 S'F6 , :11, r Il ir `. il it ti .k ,iiitZH t j i ttt Hitt PATRICIA C. MOORE Attomey at Law 51020 Main Road Southold,New York 11971 Tel: (516)765-4330 Fax: (516)765-4643 Margaret Rutkowski Secretary January 4, 2000 BY CERTIFIED MAIL RETURN RECEIPT REQUESTED Bloom's Neighbors Re: Susan and Steven Bloom SCTM# 1000-126-11-15 Dear Neighbor: I represent Mr. and Mrs. Bloom with regard to their property located at 7800 Peconic Bay Boulevard, Laurel New York. Mr. and Mrs. Bloom are in the process of repairing the cottage on their property, however, the building Department has directed the owners to obtain approval from the Zoning Board of Appeals in order to continue the proposed repairs to the cottage. We have submitted the required application, and a hearing on this matter has been scheduled for Thursday, January 13,2000 at 7:10 P.M. . Enclosed is the notice of public hearing which we are required to mail to you and a copy of a survey which shows the location of the cottage. If you have any questions or wish to express your support this application, please do not hesitate to contact me. Very truly yours, Patricia C. Moore PCM/mr Enc. NOTICE OF PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, JANUARY 13, 2000 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following application will be held for a public hearing by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, NY 11971, on THURSDAY, JANUARY 13, 2000 at the time noted below (or as soon thereafter is possible): 7:10 p.m. Appl. No. 4777 - Susan and Steven Bloom. This is an appeal of the December 17, 1999 Notice of Disapproval, requesting an Interpretation and/or Variance • under Article XXIV, Section 100-245 with respect to applicant's request to amend building permit No. 26151 issued November 12, 1999 for renovations to accessory building containing nonconforming "sleeping quarters use." The reason stated in the Building Inspector's Notice of Disapproval is that applicants' request to "repair foundation to include 'substantial renovation of structure' is not permitted pursuant to Article XX/V, Section 100-243A. Proposed construction constitutes a renovation prohibited by this section." Location of Property: 7800 Peconic Bay Boulevard, Laurel, NY; County Parcel No. 1000-126-11-15. The Board of Appeals will at same time and place hear individuals and group representatives desiring to be heard in the above application or to submit written statements before the hearing is concluded. Each hearing will not start earlier than designated. Files are available for review during regulation Town Hall business hours (8-4 p.m.). If you have questions, please do not hesitate to call (631) 765-1809. Dated: January 3, 2000. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By L. Kowalski r co \ w 0 17 � � G s,ed • � i IV 0 °q 00 y o/ E / � � T Barry B. Novick UC.REAL ESTATE BROKER ® FEMIOIis / l REALTY ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK ----------------------------------------------------------x In the Matter of the Application of AFFIDAVIT OF Susan And Steven Bloom POSTING (Names of Applicants) Regarding Posting of Sign upon Applicant's Land Identified as 1000- 126-11-15 -----------------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Patricia C. Moore residing at 370 Terry Lane, Southold,New York,being duly sworn, depose and say that: On the 4th day of January , 2000 , I personally placed the Town's official Poster,with the date of hearing and nature of my application, in a secure position upon the property, located ten(10) feet or closer from the street or right-of-way- facing the street or facing each street or right of way abutting this property:* and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be January 13, 2000 (Signature) Patricia C. Moore Sworn to before me this Grrday of January, 2000 WBAWUrKOWN(Notary Public) 1 st at of Now V46 N0.4982528 0AMOSO aa a 00 ) *near the entrance or driveway entrance of the property, as the area most visible to passerby. OFFICE OF ZONING BOARD OF APPEALS 53095 Main Road Southold, NY 11971 (631)765-1809 Fax 765-9064 January 3, 2000 Re: Chanter 58—Public Notice for Thursday, January 13, 2000 Dear A nt(s): arc -3-ao Please find enclosed a copy of the Legal Notice escribing your recent application. The Notice will be published in the next issue of the Suffolk Time . Pursuant to Chapter 58 of the Southold Town Code (copy enclosed), formal notice of your application and hearing date must now be mailed with a map or property sketch showing the new location of the area being considered. Send the enclosed Notice CERTIFIED MAIL, RETURN RECEIPT REQUESTED, as soon as possible, with a copy of the project map to all owners of land (vacant or improved) surrounding yours, including land across any street or right-of-way that borders your property. Use the current addresses shown on the assessment rolls maintained by the Town Assessors' Office (765-1937) or the County Real Property Office in Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. By Friday, please complete your Affidavit of Mailing with parcel numbers noted for each, (copy enclosed) and return it to us, with the receipts postmarked by the post office. Later, when the green signature cards are returned to you by the Post Office, please mail or deliver them to us. If any signature card is not returned, please advise the Board at the hearing. A sign is also necessary for posting at the property by you, not later than 1/6/00, and therefore must be picked up by you or your representative by 1/6. The Town Hall is open business days from 8 to 4 p.m. The sign must be located on the property no more than 10 feet from the front property line bordering the street. (If you border more than one street or roadway, a sign is enclosed for the front yard facing each one.) The sign(s) must remain in place for at least seven (7) days, and if possible, remaining until the day of the hearing. After the signs have been in place for seven (7) days, please submit your Affidavit of Posting (copy enclosed) to us for the permanent file. When convenient for you, please return the sign to us. If you do not meet the deadlines stated in this letter, please contact us promptly. It may be necessary to cancel your hearing if the required steps are not followed. Thank you for your cooperation. Very truly yours, ZBA Office Enclosures r ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK ----------------------------------------x In the Matter of the Application of AFFIDAVIT OF (Name of Applicant) POSTING Regarding Posting of Sign upon Applicant's Land Identified as 1000- - - ------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, residing at New York, being duly sworn, depose and say that: On the day of , 19_, I personally placed the Town's official Poster, with the date of hearing and nature of my application, in a secure position upon my property, located ten (10) feet or closer from the street or right-of- way- facing the street or facing each street or right-of-way abutting this property;* and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be (Signature) Sworn to before me this day of , 19 (Notary Public) *near the entrance or driveway entrance of my property, as the area most visible to passersby. ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK ---------------------------------------x 1xi the Matter of the Application of AFFIDAVIT OF (Names of Applicants) MAILINGS Parcel ID #1000- - - --------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, residing at New York, being duly sworn, depose and say that: On the day of , 19_, I personally mailed at the United States Post Office in , 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 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 day of , 19_. (Notary Public) 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. NOTICE OF PUBLIC HEARING § 58-1 Chapter 58 NOTICE OF PUBLIC HEARING $ 58-1. Providing notice of public hearings. (HISTORY. Adopted by the Town Board of the Town of Southold 12-27-1995 as L.L. No. 25-1995. Amendments noted where applicable.] § 58-1. Providing notice of public hearings. Whenever the Code calls for a public hearing, this section shall apply. Upon determining that an application is complete, the board or commission reviewing the same shall fix a time and place for a public hearing thereon.The board or commission reviewing an application shall provide for the giving of notice: A. By causing a notice giving the time, date, place and nature of the hearing to be published in the official newspaper within the period prescribed by law. B. By requiring the applicant to erect the sign provided by the town, which shall be prominently displayed on the premises facing each public or private street which the property involved in the application abuts, giving notice of the application, the nature of the approval sought thereby and the time and place of the public hearing thereon. The sign shall be set back not more than ten (10) feet from the property line. The sign shall be displayed for a period of not less than seven Cn days immediately preceding the date of the public hearing. The applicant or his/her agent shall file an affidavit that a/he has complied with this provision. C. By requiring the applicant to send notice to the owners of record of every property which abuts and every property which is across from any public or private street § 58-1 SOUTHOLD CODE § 58-1 from the property included in the application. Such notice shall be made by certified mail. return receipt requested,posted at least seven Cn days prior to the date of the initial public hearing on the application and addressed to the owners at the addresses listed for them on the local assessment roll-The applicant or agent shall file an affidavit that s/he has compiled with this provision. issues/revisions. N Ln C) RIO cn Ln UJ f_-_} UJ r I -,� EQ__ ULM UJ } i f J. . F,- I I L JILI --._— _ • r= Imo TT E D INS E-T U A 1^LA i I LLJ I I 1 G�m i Id..r N CV client/owner. I i MJ 5 `EXI JTI ., ; ExISTi �_JG ;�:�. ,-,_ ,. , ,, ,, , IK! To p T C 1', C}C i r_i i 2 r ;, __ I . OF- ZN�5EL7 i RFIN L/"',T R- i� tiD UJ project title. :F UJ ROM upon .P' drawing title. P LA N S _rat-:.N�:�I �--_�`"� :'�:_-. .�i�, _�'✓Ci�i.-�._.. �Lr�,✓I r. ' V ____-- '� A date. scale. - � Mov I() �2 `� issue. tTISAVi0L47I0NOFTHE C 13 1999 LAW FOR A.jY PERSON, � ' v drawing no. UNLESS ACTING UNDER THE DIRECTION CF A L' (a' It! ref.no. co t2b ro ..w_ .._.. ._ .. _ _.._......._-r__d,. .._,...,.,.W......._-.. NASSAU SUFFOLK BLUEPRINTING llySVtfA t6 wiry CIYIA(4 roots, Me w .2 00ff f�oqlv me'A P6, :0, 1 7 X-p eA 4, -' ,P "A Ak DER• B'1101"..�J"i FAMWEP i CT IS A VIOLATION OF TH E DESION ASSOCIATES, INC. LAW FOR ANY PERC-N,, UNLESS ACTT n-U-,DER THE 413 Main Street DIRECTION C-,-,L;CLMNSED P.O.Box 521 iJ ARCHITECT,T OZ,�i I.:y �z ITEM ON TKS F,,.- Greenport,N.Y.11944 : At 516-477-9752(fax)516477-0973 DEC 13 1999