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Home My WebLink About445314� -72-,,VAI",S a.04ce-K r / 7.5 Gj -cl-S e- 3113Z�'Z Al' AJ APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen James Dinizio, Jr. Lydia A. Tortora ��o��gUFFO(�-Co o � y ae �Woy�n• BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone(516)765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION ADOPTED AT REGULAR MEETING OF MARCH 19, 1997 Appl. No. 4453 - EDWARD HALPERT PARCEL ID: 1000-66-1-31 STREET & LOCALITY: 2125 Town Harbor Lane, Southold, NY DATES OF PUBLIC HEARING: February 6, 1997 and March 13, 1997 FINDINGS OF FACT RELIEF REQUESTED BY APPLICANT: To increase by 378 sq. ft. over existing living area in accessory building, and rearrange use of floor area for a total square footage for living area of 858 sq. ft., within existing footprint of building and continue use as a guest unit with kitchen facility. PROPERTY DESCRIPTION: This property is located in an R-40 Residential Zone District, being situate at the end of Town Harbor Lane, along the east side. It contains a total lot area of 1.45+ - acres and is improved with the following: (a) one-story single-family dwelling with screened -in porch, all situated at the northerly one-half of the premises; (b) accessory garage building located in the rear yard, (c) accessory beach cabana building, (d) brick barbecue, steps to the beach and bulkhead along the southerly side property line forward of the mean high water mark (all as more particularly shown on map dated 12/16/96 submitted for consideration, and amended and made a part of the file under date of February 24, 1997). BASIS OF APPEAL: November 18, 1996 Building Inspector's Action of Disapproval, which reads as follows: "...under Article XXIV, Section 100-241A & C, buildings containing non -conforming uses (preexisting, accessory garage with guest room & bath) cannot be enlarged, altered or enlarged - under Article III, Section 100-30A.2 same as Article III, Section 100-31A(1) - the permitted use cannot exceed one, one -family dwelling on each lot. Proposed construction is a non -conforming building (rear yard set back) containing a non -conforming use. Property construction shows a living area of 1200 more or less square feet conforming in size to a one -family dwelling unit....". (Ref: map drawing submitted for consideration February 24, 1997). Page 2 - March 19, 1997 Re: 1000-66-1-31 (Halpert) Southold Town Board of Appeals REASONS FOR BOARD ACTION: * Existing living area has received a Pre-C.O. #Z-20606 issued March 23, 1992, which was clarified by Building Inspector Gary Fish by letter stamped March 5, 1997. * The use of this building as a living unit has been shown to be directly family -related and incidental to the main residence of this family in the main building, and not as a separate use or a separate rental. * The use of this building has been shown to be continuously used in a seasonal manner, or periodically during the season from April through October, by non-paying family members only. * With respect to the existing footprint of this building, the applicant has agreed to alter the floor area and re -locate the living unit with kitchen from the second floor area, to the first floor areas. The upper area of this building will be modified with an open ceiling rather than a second story as shown on the plan submitted and considered at the March 13, 1997 hearing. The new proposed extended area is very limited as conditioned by the board's resolution noted below. * The use of this accessory building is confirmed to be a continuation of the same use (pursuant to 100-241C) as evidenced by the Pre -Certificate of Occupancy #Z-20606, clarified by the Building Inspector's letter date-stamped March 5, 1997, and evidenced in the testimony received by applicant and his agent. BOARD RESOLUTION/ACTION: On motion by Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, to DENY the relief as requested for an increase of living floor area from 378 sq. ft. to 858 sq. ft. of total living area, however, BE IT FURTHER RESOLVED, to GRANT ALTERNATIVE RELIEF noted below: 1. Total floor area of living unit in this accessory building, including the newly extended area where the shed is presently located, shall not exceed the size of 780 square feet. 2. The occupancy shall be only by a non-paying family member or guest of the resident -family of the premises, and shall be seasonal, from April through October. 3. Use of the building shall be limited to non-paying family members or the main dwelling's resident -family guest(s). Page 3 - March 19, 1997 Re: 1000-66-1-31 (Halpert) Southold Town Board of Appeals 4. The accessory building shall not be rented or leased as a separate unit, and shall continue to remain accessory and incidental to the main building. 5. No further expansion of living area shall be permitted. 6. This decision is conditioned on the removal of the second -story kitchen and sleeping quarters (living unit) and moved to the first story of this seasonal unit. 7. The right to inspect this seasonal unit as to the above conditions shall be reserved to the ZBA Chairperson and one other ZBA member, prior to the issuance of a new Certificate of Occupancy by the Southold Town Building Inspector for this building. VOTE OF THE BOARD: AYES: Members Goehringer, Doyen, Dinizio, and Tortora. This resolution was unanimously adopted by all the members ----? GERARD P. GOEHRIN49ER, CHAIRMAN Approved for filing 3/19/97 Actions.zb/66-1.31 RECEIVED AND FILED BY THE SOli T 1CLD TO'UN CLERK � O'/D Town Clerk, Town of Southold LEGAL NOTICE NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following applications will be held for public hearings by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, MARCH 13, 1997 at the times noted below (or as soon thereafter as possible): 6:45 p.m. Appl. #4459 - ANTONE AND LUCY STRAUSSNER. A Waiver is requested for two undersized lots, which waiver is based on the Nov. 15, 1996 Action of Disapproval by Building Inspector due to lot merger after 1983. The lots show creation by deed and conformity in size when first created (ref: Building Inspector's notations). Location of Lands: 335 Main St. and 1045 Wilmarth Avenue, Greenport. R-40 Zone. 1000-34-1-16 as one lot, and 1000-41-1-10 & 11 as the other lot. 6:50 p.m. Appl. #4462 - VIVIEN and PETER SOO. A variance is East, Southold. Required requested for a reduced front yard setback for proposed new dwelling, based on the January 15, 1997 Action of Disapproval issued by the Building Inspector. Location of Property: 265 Cedar Point Drive East, Southold. Required front yard: to be determined based on those established within 300 feet, same block, same side of street, or bulk schedule minimum of 35 ft. front, 35 ft. rear, 10 ft. and 15 ft. sides, pertaining to this lot size of 15,576+- square feet. County Parcel No. 1000-90-3-9. (Note: Setbacks Page 2 - Legal Notice` - Board of Appeals Hearings to be Held 3113/97 from the water are determined by Town Trustees and NYS DEC, when no bulkhead or wall exists.) 6:53 p.m. Carryover Hearing from 2/6/97 and 2/25/97: Appl. No. 4452 - CHRISTINA RIVERA. 7:00 p.m. Carryover Hearing from 2/6/97: Appl. No. 4453 - EDWARD AND EVELYN HALPERT. 7:10 p.m. Continued Hearing (Reopened): Appl. No. 4429SE and 4430, by LILCO, as Contract Vendee. These applications apply to premises referred to as 8550 (vacant land) Main Road, Mattituck (near Laurel), identified as 1000-122-7-6.6, further identified as Lot #2 consisting of 35,798 sf. . as shown on the Subdivision of Map of "Frank Murphy Garden Center" approved by the Southold Town Planning Board 4/12/1982. Applicant, as contract vendee, is requesting: (a) Appl. No. 4429 - Special Exception for Use of Vacant Land as shown on plot plan for a compressor station building with fence enclosure in this 'B" General Business District. (b) Appl. No. 4430 - Variance under Article XXIII, Section 100-231-A for permission to construct fence enclosure, which exceeds maximum fence height restriction of 6 feet when located in the front yard, and which exceeds 6-1/2 feet in or along side and rear yards. 7:30 p.m. Continued Hearing from 2/6/97 and from 2/25/97: Matter of Appl. #4458 - North Shore Yacht Sales by MICHAEL HUGHES. This is a request for a special exception under Article X, Section 100-10IB-12 for new and used boat sales use at 11500 Main Road, Mattituck, NY; Parcel #1000-122-3-6. Zone District: B Business. (Site Owner: Harvey Bagshaw). The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above applications. Written comments may also be submitted prior to the conclusion of the Page 3 - Legal Notice- Board of Appeals Hearings to be Held 3/13/97 subject hearing. The above hearings will not start before the times designated, and some may be carryover hearings. The files may be reviewed during regular business hours for updates or new information. If you have questions, please do not hesitate to call 765-1809. Dated: February 26, 1997. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, Chairman By Linda Kowalski �1 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL DATE: ..Noyember l8 1996 To...ROBERT BROWN, ARCHITECT EDWARD HALPERT ...................................... P.O. BOX 521 ................................... GREENPORT, N.Y. 11944 PLEASE TARE NOTICE that your application dated ... J)=P.B1;R..25r ... 19. 96... for permit to ,.INCREASE THE LIVING AREA OF AN ACCESSORY NON -CONFORMING GARAGE ........................ ....................... :............ at Location of Property ....2125 TOWN BAR OR LANE SOUTHOLD, N.Y. .......................................................... House No. Street Hamlet County Tax Map No. 1000 - Section .._44 .... BLOCK .... 1_...... LOT 31 Subdivision ............................... Filed Map No_ ......... Lot No. ....... is returned herewith and disapproved on the following grounds . UNDER ARTICLE AXIV... _. . SECTION 241- A&C, BUILDINGS CONTAINING NON -CONFORMING USES (PRE-EXISTING, ACCESSORY GARAGE ............................................................................................ WITH GUEST ROOM & BA ) CANNOT BE ENLARGED, ALTERED OR CHANGED TO ANOTHER NON -CONFORMING ¢ f�rf C7(v� RnA) USE WITHOUT APPROVAL OF BOARD OF APPEALS. SECTION 100-243.(A) A NON -CONFORMING BUILDING ........... ..................__._.a_......_....._... ___ .................................. WITH A NON -CONFORMING USE CANNOT BE ALTERED CHANGED OR ENLARGED - UNDER ARTICLE III - A100 -30A.2 SAME AS ARTICLE III SECTION 31A (1) - THE PERMITTED USE CANNOT EXCEED (ONE) ' .............. I .......... ........... .... -.............. ................... ..--- ............ ONE FAMILY DWELLING ON EACH LOT. PROPOSED CONSTRUCTION IS A NON -CONFORMING BUILDING ............................................................................................ (REAR YARD SET BACK) CONTAINING A NON -CONFORMING USE. PROPOSED CONSTRUCTION SHOWS A ........_........................................................ .......................... LIVING AREA OF 1200 MORE OR LESS SQUARE FEET CONFORMING IN SIZE TO A ONE FAMILY DWELLING ............................................................. UNIT. ............................................................................................ ACTION REQUIRED BY THE ZONING BOARD OF APPEALS ............................................................................................ ....................................... BUILDING INSPECTOR JOHN M. BOUFIS 9 FORM No. 1 TOWN OF SOUTHOLD BUILDING DEPARTMhNT TOWN IIALL SOUTHOLD, N.Y. 11971 TEL: 765--1802 Rus.nioeA.............:... 19.... ) \/ htgmtvrsL.. �,�»�. l9. rl'pnml lkt. OisapprOve(l a// /.1/f SI.T�^ d'�'G, ............... ... (Ikuildiog Inspector) j 1 OAR11 OF II1iA1. i'll .. . ........... . 3 SETS OF PLANS ............... SURVEY ........................ CHECK V-,'L'PLICATION FOR 11`€rYr,1Y1 NG PRRMIT No -1.117Y: 0248 MA 11. TO :.................... .............................. .... N - ...........:h. A 1.�,4 ................ Date...Ip ....... INS'1'RI1C'l1 ONS - v iil�tti�4ryft Yt, blion its Ire caro{ a'rely filled ill by typewriter or in unit aril) sufxni Merl to lite RttildinR Inspector with .I sets of plans, accurate plot than to scale. Fee accordh g to sduerhule. ° - 6. Plot plan slitmiog loeatiot Of lot nod of Imildings at peBT(€ ;y": ,etilarit�q�(�}tflttiS�dJo1[tinR premises or public st:reets.oc areas, aril) giving a rktaile4deecrt,pp rm.,of layout: of: property nrist becfi�yyyry.trtjSiagran wlticlt Is part of _ this #ut>(111gafion. c. 'lite work coverer) by this application wciy not be comtenced before issuance of Wilding Permit. d. Ilpai approval of this application, the ikiildiog Inspector will issue a Iktilding Permit to lite a�licaot:. St.u•h txuntit shall Ile kept ou the prranises available for iospec:tiow throwglxxut the nxtrlc. C. ikt Ixuiiding shall Ite occupied or used in whole or in ]kart for any purpose w.itatever until a Certificate of Oc(iquax:y sliall have Iteen granted by the Iktilding lospector. APL9ACNIl(I`I 13 IERIKOY IIAI7, to Lite Wilding Deparnient for Lite issuance of a @wilding Permit pttrsumt I:o the lktildiog Zcxte Otdivarx:e of Lite •ham Of Southold, Suffolk Comity, New York, and other applicable laws, Ordir><•aices or Regulations, for the construction of. Ixtildings, additions or alterations, or for retrnval or demlition, as Iterein decserilted. 'lite applicant agrees to colply with all applicable laws, ordinances, Ill 1111ding tale, Itousine tale, aril) regulat iots, .aril) to ¢xluit .011 w i #,lu. recto tilt drew Vises; ea xl,in IMA ld'tyt 'or Ile nary insttect fats. ............. .........:........ (SiytaLure of applicant, or mme, if a corporation) ' I S�t..C�/�. -.♦-.(Hai ling address of applicant) State Miettter applicant is exater, lessee, alp �:r: ect, etgtneer, general contractor, electrician, pludter or lxtilder. ................................................................................................................ Namof omK'r of prem ses ....... wVtc'Ti �. �i� .............................. ..................................................... (as rxt the tax 1011or latest deer)) If aptA icalot is it colpolatim, siWtature of duly authorized officer. ......................................................... (NFnct aril) title of cor-poiate officer) Ikiihici s License R). ......................... I'IFniters License No. ......................... IBlectricimis License No . ..................... Other'IYrole's License lb. ....... —.......... 1. lix:atior of .land on whidt proposed work will Ile done ........................................... ............................ Ikxise lknher Street: tt Ilawnlet Qxtnty'Doi Kill) lit. I(XX) Sec:tiol ..rlG•••........ Block ........l....... Irtt .... I . Sttlxlivisiot....... ....... ................ ........ Filed ttlp lb. ............... 1<it ............... 2. State existing rise atxl pcollkiocy of prunises aril yfi-n�t�e,n1t6l use ind occupancy of proposed construction: it. Existing use still occopancy ......... !�`"':s�` r� G b: lntetxli-A use and occtttuutx:y ..... 17t.'i:l act Y to i Y ;�rt:tr'.J<Ji3rt`i'r'h,�'t�................ �01 it V00 Z-914tiA3 Muff, 1. I,tlune of wcok (check Which 11144ic.:61e): t1uw Ikcildfng .......... 7uklilion ,. All- enation .......... 1Ugi;0r ftealwal Denulitfon ............ Other Iksk....................:............. --- ".-(Descripticxr) h. list. in.ded (on ... humm0! n ..... fee ................... (to 6e {>ofd tm filing, thin application) 'i. If ckx!Iling, a6lter of; chaellfry; units ..... (...... lklder of ck,elI ing oni l's on each flcmr .....�.......... If garage, :.rdier of caret ..... j ............................... A. If business, can ercial or mixed mcu{vntu:y, rpeclfy nature mxl extent of each lylre of use_ ..... — ............ 7. hiuenn isms of existing st:nx;tal er„ IF any: 1?nmf.. .. �!v ....... Rear ....ZTIO........ Devith .......... Ikeil)d: ...,...1. ' ............ reni:er of Slurfell ..! /Y ................�[ 7 Uimc:n!ucros ofnoteatnuaure with alleratitx?s or additions: Prnnt ....,�.7.... hear . �.......... I)!plit Ileil)o: ...... l6.. 4........ Radler of Stories ..., 1% It Ilixensfous (if entire ,x'u constrcu;l ion: Flout ................ Ilea,. ......... ...... Depth .............. Ileit)t( Uwaer of Scoriect .`...... ................. �C,r 9. Size of lot: Inml:..?i.2S's?L ,........ IL,!u- ....L7. 7•K......... I)eplle .�[.ii.. `i F........... IO, ijake of diechanAVI :'1%� .............. Nsnn of Fouler ("W.v --- ....,................................ II. &xxn or ane district fn Jill, pconises are situated ..........A .................................................. 12. lines prolxened ccrosl-fix:lirxviolate any uming ler.,., nrdiu:nx:e or regulsticxl: .��j, �•7Cir^f.�.[Y. P IS 11. Will tat he regraded _44/p r .... �........ .... /Will oexcess fill Is? ra:wed Fran premirest YF19 � r 11,. Maes of Owner of prenisesGC%9'[<r(�ln., �jI7G!. �. 7uklrens loone Ika. N;.ue of Ard,ilect ................ Address rAxw. 4r hot.............. Movie tlune of Ccml:r»ctor................................... 7ukhoss ............................... Loot. 1W, Li. Is (Itis prolx:rLy within YX) feet of a tidal aetlmxl7 *KS .......... 110 *IC YKS, ENA)IIIAI)-Ifltdtl'IMNMTI S MM -11T MY IV, N!?()If PLOT DIAMI M lne:ale (,early and distitxctly all buildings, A!el:her existing or prolxlsed, still indiente all dimensions ftum property lines. Give street nrxl himl< uaclter or description according to deedf noxi rhm; street Lunen six] (rxlieate cdwtier interior or corner lot. 1:. I !NA'Ni 01' PAID Y(N(KSS , ........................... %Q duly r•.n!rn, delm!:es mill rays that: he is the npplicnot Mae of 1101vidual. signing amlracl) ahuve n rrcvl, Ill! t Iha ......... L.G&9�,.( ( %✓ 'mit`-), ... _.. (Ccmtra.tor; ngcutr Mmle, officer, el.v.) of !:aid (macer or cmnx!rn, tax) in duly authorized to ferloun fir have {erlbrned the sold wock'mxl to nuke nod file thin npplic:ution; Lint: nil statuienLa ccmtn Ined in thia.ggclfcsthm fire tune to the hent of his kcxraledge 1110 WHO;" ;" mvl that. the weslc will ie perforll " l t11e ne11nxQr set Iforlh in the npplfcaLfon lifpd=tbereaith. Ikx>ru to helot,., an llu!1 / pp/r,,,, ...... day (/ .. ... 19-.. Notary hihl ..) ....... :' _�... 9 ROBERT f, S T, JR, j� NOTARY PUBU State of N.Y. ( No. 4725089 uffolk Cou Terni Expires May 31.192 • 1: S.i aunt e f•Ardiounl. RECEW DEC 1 8 1796 Town Clerk Southold TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OE, BUILDING INSPECTOR APPEAL 1110, i�`fS3 /� DATE 1 A6-.A............lyj�X,/.Tr,c'u i TO I1 IE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. � �Ot�e1�S 'J�tYnl l A 1 Y'�i' 2125 �ocdrS � �/ 1) ay - 1, (We) & ........... ..........�......... ..of ............. ........ ...... .. .........T�� / Nome of Appellant Street andr`Nurnber ................................ ............. APPEAL TO Municipality State lliE ZONING BOARD OF APPEALS FROM THE DECISION OF. THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO . .................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO vw±�n+z.Al rfrq-.(�c ; ..?� 7Wr) Name of Appont for permit of ^ ..............z�— T..................1 -v....:........:. Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY t. LOCATION OF THE PROPERTY ............ Street /I-Id01 et / Use District on Zoning Mop District M- op 1000 Section_Lt&..ock I Lot5j Current Owner ---N-o--. .... ,dpzr� 6Y).t �r�zt prior Owner 2. PROVISIOfd (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Poraclraph of the Zoning Ordinance by number. Do riot quote the Ordinance.) Article >� Section `LII —A46 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ( v'/A VARIANCE to the Zoning Ordinance or Zoning Map _. ( ) A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 d. PREVIOUS APPEAL A previous. appeal 4IRS) Ar�) been made with respect to this decision of the Building Inspector or with respect to this property. Such'appeal was ( ) re u st for a special permit ( request for a variann/c__eaa�i'L�yt//I,(StD and was made in Appeal No. ...... .....'.S�! O_. --..-Dated .... .........................r.... .................. .................. REASON FOR APPEAL'- — ( )/ A Variance to Section 280A Subsection 3 (t/) A Variance to the Zoning Ordinance is requested for the reason that �'g-L-�1(tsZl�ly Cr.`r�i3•cayF�,�att,O��1.Y� IhG�1��Lor� �1�7"N ��s4�cLfah4) ��GG�i.U( Tal ICY �� Form Z1t (Continue on other side) REASON FOR APPEAL ^'-"Oontinued L STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary FIARDSHIP because 1--U944M-r 466--S6?-4 0-CA7 3g rho? �Cc�S 1p 0�q,STint6, uS¢ IS tcLess�P �] T7v�tT �/ ' r,00 -)Lr 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because P -90P y vs 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because I I �Coy$SDC!Mioq t1f�t R. 5095 u �j GS T Dw�sE� 2 A"A l o� �� z, is �! 1sagt tX `t E� STATE OF NEW YORK ) ss COUNTY OF ) Sworn to this ....... Z .. ��.... Natary Pu lic UNDA J. CC-OPrft s c"ary P€ bric, Stage o`c New York No. 4622563. BLffolk CGUty 0 Term Ewes Decernber b9, :JCC ..:.....:.............................................. Si�'oture � �s6Lc� 7 ..... day of...........'Y..... 4- J .:........... 19 �/o ✓ 16o,.. U µ. /-3/ `0WH OF SOUTHOLI PiOPERTY:AEORD CAkD OWNER STREET ,-'., �: _.. VILLAGE DISTRICT S1111 �v�ctr i Lv+ p_ — F ORMER WN� 0ff-0vF_ O 5 V4 l- 6,(Tt� c,C � Z{r E ACREA 4/ ` _t ...P-, I Ped,' 1� 7 »— f// S 10rre'. � I C) � y F n L1,,(0:a) .c W // !" / .TYPE OF UILDING y a.c t at'6 RES. g U SEAS. VL F,(R�M COMM. IND. CB. MISC. ate^ I—f'ic�a krcd4.s.a.�l�atiaz„p LAND IMP. TOTAL DATE REMARKS 4r` ..� % P �l�.tS,cL�7��.�tdY� Y/J �s�tr:z>"r1-�Pf�Ui�_��, _1 , 5- r,cam, NEW NORMAL BELOW ABOVE a4 Farm Acre Value Per Acre Value Tillable 1 Tillable 2 Tillable, 3 ---– Woodland --I --- Swampland Brushlond — -- — House Plot LsTotal t 1 / M^ E I, xtension ( ------ve Naxt>��i — - .�.�. •, 7 ' x y) -..... �a+ �,l- -- _ _1 — — / 7/ ,, ZS Foundation %�4iH ,q l " Bath 1/2 ^. Basement `�..yt f1 I F[cars --- --- Ext. Walls — Finish —. -- --- — — Extension---�-- Fire Place rL .Interior HeotG ---- t}olt) Orch Attic -TEWIV/.5 7-00 Porch Rooms 1st Floor Lf &reezeway , IT Patio - ---- ----- Rooms 2nd Floor Garage O. P, __ j� GIN Y•/ `' � A 4 v 2 d------ 610 01 . — Driveway — i _501 FOR OFFICIAL USE BY STAFF AND MEMBERS AS UPDATES TO FILE / /97ttG- / /97 / /97 J /97 /-`x/97 /97 71- / /97 / /97 / /97 / /97 / /97 / /97 / /97' / /97 J /97 / /97 / /97 / /97 / /97 / /97 / /97 / /97 / /97 / /97 iGn it APPEALS BOARD MEMBERS,t` Gerard R Goehringer, Chairman Serge Doyen James Dinizio, Jr. wefts Lydia A. Tortora Maureen C. ostermann Mr. Robert Brown Fairweather -Brown P.O. Box 521 Greenport, NY 11944 �o�ogUffO(�co ZZ oA& BOARD OF APPEALS TOWN OF SOUTHOLD March 26, 1997 Re: Appl. No. 4453 - Edward Halpert Dear Mr. Brown: Southold Town Hall 53095 Main Road P O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Please find attached a copy of the response received today from the Suffolk County Department of Planning which has jurisdiction under the Suffolk County Administrative Code for projects located within 500 feet of a state or county highway, estuaries, creeks of the Peconic Bay area, West Harbor, Fishers Island Sound, Long Island Sound, and its tributaries. Very truly yours, Linda Kowalski Enclosure DEPARTMENT OF PLANNING Town of Southold Zoning Board of Appeals COUNTY OF SUFFOLK ®r - MAR MAR61997 f1 ROBERTJ. GAFFNEY SUFFOLK COUNTY EXECUTIVE" �--STEPHEN M. JO DIRECTOR -OF March 24, 1997 Applicant: Halpert, Edward Municipal File No.: 4453 S.C.P.D. File No.: SD -97-4 Es, A.I.C.P. PLANNING 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: The accessory building should be encumbered by appropriate use, occupancy and developmental restrictions, particularly as set forth by the Zoning Board of Appeals. Very truly yours, Stephen M. Jones Director of Planning S/s Gerald G. Newman Chief Planner GGN:cc C:\WPWIN60WVPDOCS\ZONING\WORKINGkLDS\MAk\SD97-4.MAR 220 RABRO DRIVE ■ P.O. BOX 6100 ■ HAUPPAUGE, LONG ISLAND, NY 11788-0099 0 (516) 853-5190 ■ FAX (516) 8534044 APPEALS BOARD MEMBERS. Southold Town Hall Gerard P. Goehringer, Chairman 53095 Main Road Serge Doyen, ti z P.O. Box 1179 James Dinizio, Jr. D ® Southold, New York 11971 Robert A. Villa ?� O� Fax -(516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Pursuant to Article XIV of the Suffolk County Aclumstrative Code, The Board of An of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Coamission: XX Variance from the Zoning Code, Article XXIV Section 100-241A & C and. Article III: Section 100=30A.2 Variance from Determination of Southold Town Building Inspector - Special Exception, Article Section Special Permit Appeal N o : 4453 Applicant : Edward Halpert Location of Affected Land: 2125 Town Harbor Lane, Southold, NY County, Tax Map Item No.: 10 00 - 66-1-31 Within 500 feet of: - Town or Village Boundary Line XX 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 requesti ng pvxxm-Rsmdnn .ft addition and expansion of a nonconforming building,an-, accessory building with ad apartment Copies of Town file and related documents enclosed for your review. D a t e d: March 20, 1997 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen James Dinizio, Jr. Lydia A. Tortora Maureen C. Ostermann. BOARD OF APPEALS TOWN OF SOUTHOLD March 20, 1997 BY REGULAR MAIL 'and FACSIMILE TRANSMISSION 477-0973 Mr. Robert Brown Fairweather -Brown P.O. Box 521 Greenport, NY 11944 Re: Variance Request - Edward 11alpert ) Dear Mi_r-own: Southold Town'Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Please find enclosed a copy of the board's decision adopted at our March 19, 1997 public meeting. A copy has today also been furnished to the Building Inspector's Office as, an update to their initial Action of Disapproval and for use in 'the "open" building permit application file. Also, we are required to transmit ' a duplicate of your file to the Suffolk County Department of Planning, which agency has jurisdiction under the County Administrative. Code for projects located 'within 500 feet of a County _ or State Road and most waterways. We have transmitted the file documentation to the County for review, and it is expected that the County will pass its determination back for a local (ZBA) level without requiring any further steps. Very truly yours, a o ski Enclosure Copy of Decision to: Southold Town Building Inspectors' Office Suffolk County Planning Commission - APPEekLS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen James Dinizio, Jr. Lydia A. Tortora Y•r�y ��..�'ewtlHh BOARD OF APPEALS TOWN OF SOUTHOLD TRANSCRIPT OF MARCH 13, 1997 HEARING SOUTHOLD TOWN ZONING BOARD OF APPEALS Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 7:43 P. M. Appl. #4453 - EDWARD AND EVELYN HALPERT. (continued from 2/6/97) Request for variance to alter and/or expand nonconforming building which has contained a nonconforming guest or living unit, separate and accessory to the main dwelling. Location of Property: 2125 Town Harbor Lane, Southold, NY; County Parcel #1000-66-1-31. Zone: R-40 Residential. Property size: 1.45+- acres. ROBERT BROWN, ARCHITECT: My name is Robert Brown and I'm an architect for the Halperts . CHAIRMAN:, Since then we've received a letter from, I assume it's a surrounding property owner, regarding the kitchen. MR. BROWN: The previous owner. CHAIRMAN: Oh, ' the previous owner. MR. BROWN: The previous owner of the property. CHAIRMAN: Oh, you're right. I'm sorry. You're absolutely correct. O.K. What would you like to tell us? MR. BROWN: Well, you probably have before you copies of a revised plan based on our interpretation of comments from our previous hearing. We have endeavored to use - to stay - mostly within the existing footprint of the garage structure including the deck. We have a 3 ft. increase on what is now the potting shed. Basically, what we have tried to do is to provide - (Mr. Brown was asked to speak louder because of difficulty in hearing his presentation.) MR. BROWN: We have endeavored to provide the pre-existing apartment upstairs into the footprint of the whole garage and deck downstairs. The area where we have extended beyond. the existing footprint is a 3 ft. Page 2 - Transcript Hearings Regular Meeting of March 13, 1997 Southold Town Zoning Board of Appeals extension on what is now the potting shed which, I believe, is on the west end of the property - of the structure. CHAIRMAN: The only thing that I find extremely large in this house is the foyer. I mean it almost appears to be one quarter of the cottage. I'm not an architect - I've been around some construction and that's an extremely large area for a cottage. MR. BROWN: Well, in a sense, it is. Since we are providing storage upstairs, we wanted someone to be able to move things around at the bottom of the stairs, first of all. CHAIRMAN: Right. MR. BROWN: And one of the issues dealing - with providing a new use in an existing structure is' that there intends to be some inefficiency in that. As I said, you need room to move things around or get them up and down the stairs for storage - that is to our large foyer. Certainly, the bathroom could be slightly larger; the kitchen, the laundry .area could be increased and still be reasonable sized rooms to take up the foyer but basically we didn't see any necessity for that. CHAIRMAN: Off of the existing drawing, could you just tell us what the actual upstairs square footage is. now? MR. BROWN: I hope I have that with me. CHAIRMAN: If not, you can supply us with that. MR. BROWN: Sorry? CHAIRMAN: It's no problem. You can call us tomorrow with it. It's not a problem. It appears that the assessor's card, Mr. Brown, says it's 480 sq. ft. MR. BROWN: That sounds very familiar. CHAIRMAN: Second floor - 20 x 24.. It does not encroach over the top of the potting shed. That's one story, right? MR. BROWN: That is correct. CHAIRMAN: Right. So, it's 480 sq. ft. approximately according to the assessor's card. MEMBER TORTORA: The total square footage of living area? MR. BROWN: I believe the total square footage - CHAIRMAN: As applied for. MR. BROWN: I believe we were adding 210 sq. ft. I don't have that number in front of me. Lf - Page 3 - Transcript Hearings Regular Meeting of March. 13, 1997 Southold Town Zoning Board of Appeals MEMBER TORTORA: You gave me the figures- today. It was 378 sq. ft. plus the existing 480 - 858 total. CHAIRMAN: Is that correct? MR. BROWN: Yes, those were the numbers I had. CHAIRMAN: O.K. Alright, while you're standing there I think we'll start with Mr. Doyen. Mr. Doyen, .do you have any questions for Mr. Brown? MEMBER DOYEN: No, thank you. CHAIRMAN: Mr. Dinizio? MEMBER DINIZIO: So you're going from upstairs to downstairs? MR. BROWN: Yes. MEMBER DINIZIO: Underneath the deck - that is where the livingroom is going to be - the existing deck - you're going to build an extension? MR. BROWN: Yes. MEMBER DINIZIO: Will that go - MR. BROWN: They intend to have a cathedral ceiling - MEMBER DINIZIO: So, there won't be a second story on top of that? MR. BROWN: No. MEMBER DINIZIO: O.K. I think that's all I have. CHAIRMAN: O.K. Mrs. Tortora? MEMBER TORTORA: No, the only concern I had was with relation to the ,over-all size of the foyer (simultaneous discussion) . MR. BROWN: Unfortunately, when you're dealing with putting a different use in an existing structure, there are some additions. If we do get approval on this, we would have the storage upstairs. and it is seasonal storage. Some of it could be bulky so we want to provide as much room around the stairs as we can. MEMBER DINIZIO: It looks to me like that's what 12 - ft . ? That foyer is 12 ft. square, maybe. It's not really as large - MR. BROWN: I believe it's between 8 and 10. MEMBER DINIZIO: Yes, it's not that large really. The other rooms are small. MR. BROWN: It seems relatively large compared to, for example, the laundry room. h f.T Page 4 - Transcript Hearings Regular Meeting of March 13, 1997,;. {. , Southold Town Zoning Board of Appeals I MEMBER DINIZIO: Right. CHAIRMAN: Now, this is going to be heated and air-conditioned? MR. BROWN: We would like to provide heat in there and air conditioning, yes. CHAIRMAN: And you don't have any objection to. a restriction being placed on it, regardless of what size it is, that it not be rented to anyone other than to be used by family members? MR. BROWN: No problem with that. CHAIRMAN: O.K. Mrs . Tortora? MEMBER TORTORA: No more questions. CHAIRMAN: Mr. Villa? MEMBER VILLA: I just wanted to get it clear on the record that you are expanding the footprint of the building relative to the potting shed. CHAIRMAN: Right. And the deck. MR. BROWN: I'm not sure I understand, Mr. Goehringer. CHAIRMAN: The 3 ft. addition that you're putting on the potting shed. MR. BROWN: 3 additional feet on the potting shed. Yes. MEMBER VILLA: So, you're expanding the footprint? MR. BROWN: Yes. CHAIRMAN: That is correct. Alright. We'll see if anybody else has any questions while you're standing there. Would anybody else like to speak in favor? (No one wished to speak.) CHAIRMAN: Would anybody like to speak against? (No one wished to speak.) CHAIRMAN: O.K. Hearing no 'further comments - any comments from anyone else? O.K., I'll make a motion closing the hearing, reserving a decision until later. MEMBER DINIZIO: Second. CHAIRMAN: All in favor? (All ayes . ) ................:............................................................. �' :..... 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Goehringer, Chairman 5 ain Road Serge Doyen d '' I! O. Box 1179 James Dinizio, Jr.. 'SoutliC� d; New York, 11971 Fax (516) 765-1823 Lyydia A. `I'ortora 1:''`� ' 7clephone (5 16) 765-X809 . Mafireen C. Ostermann - ;' i';: BOARID; OF, APPEA,LS: 'so','• t�,, yo -.,w Vin,'+; I, TOWN OF S4�UTHOLI�;,” <` as}'n{+ ,<•4LC.$io41._d.,fe%: rnel.,�s ry,raa.rl'r s -e m'..r; March 202 1997. BY °. EG'JLf�It. MAIL and FACSIMILE .T;RAN'SMISSYON:=.477-097,3Y.. Robert BrOW�J Fwrweathel ^_ rQwn.. F.O: Box. 52X NY! 11944 • E. vvaEC1•a' Yak ert •) ° �” ; 7 ' � , i • ' ' ' - ,,, ; Skew variance: R %q xost. d p . Dear ➢01 adopteK f -nd P_vtpk seed a !olnv of .the, . oard',% .deC4;i Y1' TRANSCRIPT OF MARCH 13, 1997 HEARING SOUTHOLD 'TOWN ZONING BOARD OF APPEALS 7:43 p.m. Appl. #4453 - EDWARD AND EVELYN HALPERT. (Continued from 2/6/97) Request for variance to alter and/or expand nonconforming building which has contained a nonconforming guest or living unit, separate and accessory to the main dwelling. Location of Property: 2125 Town Harbor Lane, Southold, NY; County Parcel #1000-66-1-31. Zone: R-40 Residential. Property size: 1.45+- acres. ROBERT BROWN, ARCHITECT: My name is Robert Brown and I'm an architect for the Halperts. CHAIRMAN: Since then we've received a letter from, I assume it's a surrounding property owner, regarding the kitchen. MR. BROWN: The previous owner. CHAIRMAN: Oh, the previous owner. MR. BROWN: The previous owner of the property. CHAIRMAN: Oh, you're right. I'm sorry. You're absolutely correct. O.K. What would you like to tell us? MR.. BROWN: Well, you probably have before you copies of a revised plan based on our interpretation of comments from our previous hearing. We have endeavored to use - to stay - mostly within the existing footprint of the garage structure including the deck. We have a 3 ft. increase on what is now the potting shed. Basically, what we have tried to do is to provide - (Mr. Brown was asked to speak louder because of difficulty in hearing his presentation.) MR. BROWN: We. have endeavored to provide the pre-existing apartment upstairs into the footprint of the whole garage and deck downstairs. The area where we have extended beyond the existing footprint is a 3 ft. Page 2 - Transcript of Halpert Hearing Regular Meeting of March 13, 1997 Southold Town Zoning Board of Appeals extension on what is now the potting shed which, I believe, is on the west end of the property - of the structure. CHAIRMAN: The only thing that I find extremely large in this house is the foyer. I mean it almost appears to be one quarter of the cottage. I'm not an architect - I've been around some construction and that's an extremely large area for a cottage. MR. BROWN: Well, in a sense, it is. Since we are providing storage upstairs, we wanted someone to be able to move things around at the bottom of the stairs, first of all. CHAIRMAN: Right. MR. BROWN: And one of the issues dealing with providing a new use in an existing structure is that there intends to be some inefficiency in that. As I said, you need room to move things around or get them up and down the stairs for storage - that is to our large foyer. Certainly, the bathroom could be slightly larger; the kitchen, the laundry area could be increased and still be reasonable sized rooms to take up the foyer but basically we didn't see any necessity for that. CHAIRMAN: Off of the existing drawing, could you just tell us what the actual upstairs square footage is now? MR. BROWN: I hope I have that with me. CHAIRMAN: If not, you can supply us with that. MR. BROWN: Sorry? CHAIRMAN: It's no problem. You can call us tomorrow with it. It's not a problem. It' appears that the assessor's card, Mr. Brown, says it's 480 sq. ft. MR. BROWN: That sounds very familiar. CHAIRMAN:,Second floor - 20 x 24. It does not encroach over the top of the potting shed. That's one story, right? MR. BROWN: That is correct. CHAIRMAN: Right. So, it's 480 sq. ft. approximately according to the assessor's card. MEMBER TORTORA: The total square footage of living area? MR. BROWN: I believe the total square footage - CHAIRMAN: As applied for. MR. BROWN: I believe we were adding 210 sq. ft. I don't have that number in front of me. 4 Page 3 - Transcript of Halpert Hearing Regular Meeting of March 13, 1997 Southold Town Zoning Board of Appeals MEMBER TORTORA: You gave me the figures today plus the existing 480 - 858 total. CHAIRMAN: Is that correct? MR. BROWN: Yes, those were the numbers I had. It was 378 sq. ft. CHAIRMAN: O.K. Alright, while you're standing there I think we'll start with Mr. Doyen. Mr. Doyen, do you have any questions for Mr. Brown? MEMBER, DOYEN: No, thank you. CHAIRMAN: Mr. Dinizio? MEMBER DINIZIO: So you're going from upstairs to downstairs? MR. BROWN: Yes. MEMBER DINIZIO: Underneath the deck - that is where the livingroom is going to be - the existing deck - you're going to build an extension? MR. BROWN: Yes. MEMBER. DINIZIO: Will that go - MR. BROWN: They intend to have a cathedral ceiling - MEMBER DINIZIO: So, there won't be a second story on top of that? MR.. BROWN: No. MEMBER DINIZIO: O.K. I think that's all I have. CHAIRMAN: O.K. Mrs. Tortora? MEMBER TORTOR.A: No, the only concern I had was with relation to the over-all size of the foyer (simultaneous discussion) . MR. BROWN: Unfortunately, when you're dealing with putting a different use in an existing, structure, there are some additions. If we do get approval on this, we would have the storage upstairs and it is seasonal storage. Some of it could be bulky so we want to provide as much room around the stairs as we can. MEMBER DINIZI0: It looks to me like that's what 12 - ft.? That foyer is 12 ft. square, maybe. It's not really as large - MR. BROWN: I believe it's between 8 and 10. MEMBER DINIZIO: Yes, it's not that large really. The other rooms are small. MR. BROWN: It seems relatively large compared to, for example, the laundry room. Page 4 - Transcript of Halpert Hearing Regular Meeting of March 13, 1997 Southold Town Zoning Board of Appeals MEMBER DINIZIO: Right. CHAIRMAN: Now, this is going to be heated and air-conditioned? MR. BROWN: We would like to provide heat in there and air conditioning, yes. CHAIRMAN: And you don't have any objection to a restriction being placed on it, regardless of what size it is, that it not be rented to anyone other than to be used by family members? MR. BROWN: No problem with that. CHAIRMAN: O.K. Mrs . Tortora? MEMBER TORTORA: No more questions. CHAIRMAN: Mr. Villa? MEMBER VILLA: I just wanted to get it clear on the record that you are expanding the footprint of the building relative to the potting shed. CHAIRMAN: Right. And the deck. MR. BROWN: I'm not sure I understand, Mr. Goehringer. CHAIRMAN: The 3 ft. addition that you're putting on the potting shed. MR. BROWN: 3 additional feet on the potting shed. Yes. MEMBER VILLA: So, you're expanding the footprint? MR. BROWN: Yes. CHAIRMAN: That is correct. Alright. We'll see if anybody else has any questions while you're standing there. Would anybody else like to speak in favor? (No one wished to speak.) CHAIRMAN.: Would anybody like to speak against? (No one wished to speak.) CHAIRMAN: O.K. Hearing no further comments - any comments from anyone else? O.K., I'll make a motion closing the hearing, reserving a decision until later. MEMBER DINIZIO: Second. CHAIRMAN: All in favor? (All ayes. ) TRANSCRIPT OF HEARING FEBRUARY 6, 1997 Prepared by Carol Kaelin (temp. part-time) from tapes. 8:45 p. m. Appl . No. 4453 - EDWARD AND EVELYN HALPERT . Based upon the 11/18/96 Action of Disapproval by the Building Inspector, applicants are requesting a Variance under Article XXIV, Section 100-241-A&C, and Section 100-243A, for the proposed alteration and second floor addition (expansion) of a nonconforming building which has contained a nonconforming (pre-existing) living unit, separate and accessory to the main dwelling, at 2125 Town Harbor Lane, Southold, NY; County Parcel #1000-66-1-31. Zone R-40, Residential. Property size: 1.45+- acres. CHAIRMAN: I have in my property the site plan, registered architect, Robert I. Brown, dated December 16, 1996 - indicating a one-story addition to an existing two-story frame garage with potting shed which is fairly close to the property line on the easterly side; and a. copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. How are you again, Mr. Brown? ROBERT I. BROWN (Architect) : 'Fine; how are you? CHAIRMAN: Good. What would you like to state for the record other than what we discussed? MR. BROWN: My name is Robert Brown - I'm the architect for the Halperts. Basically - (inaudible because of noise from paperwork) . It is my understanding that what we are looking for is permission to make some changes to increase the nonconforming use which is the kitchen and the garage apartment. CHAIRMAN: O.K. My only question is - and this is something that occurred after I looked at this on Saturday when we were out on the field inspection with you - has there been any thought about utilization of the ground floor area of the garage which is now a storage area? MR. BROWN: Well, in fact, that was considered a possibility and it would require two things: One is that it was too small for the usethat we had hoped for and the other that we would then have to find other storage space for groundkeeping equipment. CHAIRMAN: O. K. MR. BROWN: It did not seem a viable alternative. CHAIRMAN: Ever since I've been there - I mean it's simply a gorgeous, very beautiful piece of property. The problem that I have is the extent of nonconforming use that you are proposing. O.K.? That's where the Page 2 - Transcript Halpert Hearing Regular Meeting of February 6, 1997 Southold Town Zoning Board of Appeals problem lies, O.K.? I realize that it may require Mr. Halpert to build another storage building but I just can't see the elongation that you're proposing at this time. If you can come back with some other kind of remedy, I would really appreciate it. MR. BROWN: I'm not sure that I understand. CHAIRMAN: You're, in effect, building another cottage by adding this on in the manner of which you're proposing and that's the concern that I have. It's kind of extensive. MR. BROWN: As I expained, the intention of this is to be able to utilize the existing pre-existing nonconforming use for the owner's mother who is 93 years old and obviously has difficulty getting to the second floor. CHAIRMAN: Right. MR. BROWN: In doing that, we felt we wanted to make it part of the existing structure that had the pre-existing nonconforming use other than create a separate structure entirely. We did it in a way that we hope is least obtrusive to the neighbors and took most advantage of the property that we could. As you' know, the view there is quite spectacular. CHAIRMAN: Unprecedented. MR. BROWN: We obviously wanted to take advantage of that as best we could. Hence, the addition in that direction which also, fortunately, has the least impact, I feel, on the neighbors. CHAIRMAN: Right. O.K. We'll see how everybody else feels. I'm not trying to put you on the spot because you're a very nice man. Mr. Villa? MEMBER VILLA: I also have a problem with the size. You're talking about a rather large extension here and, looking at the plan, you've got a master bedroom and another bedroom. MR. BROWN: That's for the helper for Mr. Halpert's mother. MEMBER VILLA: So, you're actually having two bedrooms - that's all downstairs. You're actually talking about building something here that's almost in the range of what the Town requires as a minimum lot house size - 850 sq. ft. MR. BROWN: I can tell you what the addition is. The addition is 695 sq. ft. I would also point out, in defense of the size of the project, that in terms of over-all lot coverage, we're going from 17.7% to 18.8%. So, an addition of only 1% in terms of lot coverage on the entire property. MEMBER VILLA: I realize that but you're still ending up with two dwelling units on an individual lot. CHAIRMAN: That's where the problem lies. That's the main crux of the whole problem. Page 3 - Transcript lialpert Hearing Regular Meeting of February G, 1997 Southold Town Zoning Board of Appeals MEMBER VILLA: This sets a lieck of a precedent. We've got many many, I think, of these so-called "nonconforming apartments" existing in the town. This could open the flood gates for many many of these similar situations. MEMBER TORTORA: You're pre-existing C.O. is for a guest room above the garage. MR. BROWN: In fact, that went back and forth between your Board and the Building Department and we became aware, from our original denial by the Building Department, that the C.O. did not include the kitchen. We were a little concerned because the dates of the inspections by the Building Departments obviously indicated that these have been written after the kitchen was already there. MEMBER TORTORA: flow long has the kitchen been there? MR. BROWN: I can't say exactly. MEMBER TORTORA: Could you find out? MR. BROWN: That would be very difficult. The Halperts have only owned the property for, I think, five or six years but they bought it with the understanding that the C.O. was for that apartment and, when I met with the Building Inspector there, he agreed that the kitchen had been there prior to his writing the C.O. which lie has since amended to include the kitchen. MEMBER TORTORA: He hasn't amended it in front of us. It's been initialed by the secretary that it says there's a kitchen in there. MR. BROWN: That was initialed by the Building Inspector. MEMBER TORTORA: John Boufis? CHAIRMAN: Yes. MEMBER TORTORA: Well, the problem here is simple that, in your asking to expand a nonconforming use, in order to be grandfathered, it has to be a lawful nonconforming use which meant that, at some point, it had to either meet the Code or meet the amendment. I don't know - maybe 30 years ago a kitchen was allowed done but it isn't in today's Code. MR. BROWN: It is my understanding - and I'm not a legal authority on this - but it is my understanding that it wasn't illegal until the Code said it was illegal. MEMBER TORTORA: At what point was that? MR. BROWN: I believe it was in the 60's or 70's - as I said, I'm •not a legal expert on this - that was just my understanding of the situation. Page 4 - 'Transcript Halpert Hearing Regular Meeting of February 6, 1997 Southold Town Zoning Board of Appeals MEMBER VILLA: I have to say that, from the advent of zoning, there is only one house allowed per building lot so it would have to be nonconforming back to that point. MEMBER TORTOR.A: I don't know. I wish we knew how long the kitchen was in there. CHAIRMAN: Do you want a guesstimate? MEMBER TORTORA: I'm asking that, if any point in time... CHAIRMAN: I would say that that kitchen was built around 1965. MEMBER TORTOH.A: It's not new - I know that. CHAIRMAN: It's approximately 32 years old. MEMBER DINIZIO: Looking at the tax rate, there is no indication here of any increase. We have apartment written down over the garage - "two -car garage and apartment". I saw the old record which Scott Russell indicated to me - it didn't have a date on it but because of the way the photograph was taken, it was a certain period of time - I believe he said before 1960 or 1960 something. It indicated on there that there was an apartment there so you can assume that if it's an apartment, that some type of cooking must have been going on there for someone to live in that apartment. I asked that question because the original indication we got from the Building Inspector that we have in our office said "kitchen" and had Gary Fish's initial or whatever. MEMBER TORTORA: The C.O. didn't say. MEMBER DINIZIO: When I went down to the Building Department, that wasn't on the record down there. MR. BROWN: Which is why I met with them there and discussed the fact that obviously there had been no recent renovation there and the kitchen was at least as old as the rest of the apartment. MEMBER DINIZIO: The problem was that he amended it here but he didn't amend it in his own original records. MR. BROWN: That I can't account for. MEMBER DINIZIO: So, I went over to the Assessor's and in the ensuing discussion - I can only assume that they assume that the apartment was something that had a kitchen in it. It has to be there for quite some time. If you look at the assessments - they did some reassessments - never jumped up - before 1960 it was one thing and then suddenly in 1960 it went up almost double. I don't know how you feel about that but, it seems to me, that in some point in time, something must have gone on in March of 1960 to cause this property to jump in value. Maybe that's when the kitchen was put in. Maybe that's when this garage was built. It seems to me that those floors are 1950 floors - those hardwood floors. Page 5 - Transcript llalpert hearing Regular Meeting of February G, 1997 Southold Town Zoning Board of Appeals MR. BROWN: That was my opinion. MEMBER TORTORA: Your intention is to have this for his 93 year-old mother? MR. BROWN: That is correct. MEMBER TORTORA: I'm trying to figure out a way to put this so that if - when she ceases to be, that this will not be a single-family unit. It will be an accessory and the apartment phase of it we could phase out. CHAIRMAN: I'm not sure if the applicant wants that. MEMBER TORTORA: Well, he just said that... MR. BROWN: I couldn't speak for him. MEMBER TORTORA: It's just for the grandmother, correct? MR. BROWN: That's my understanding, yes. MEMBER TORTORA: So, after she is deceased, there will be no plans to use it for an apartment or a second -family dwelling. That's not what you're asking for, in other words? MR. BROWN: That's not what I'm asking for. In terms of Mr. Halpert's long-term intentions, I couldn't speak for that. I have no idea. CHAIRMAN: Would you like me to offer a remedy for this gentlemen? For this Board or do you want to ... My suggestion is this, and the Board can see as they see fit - I suggest that you take the existing one-story of the garage - you go out only as far as the deck area and trade the second story for the first story and the only addition would be for what is underneath the deck area. You transfer the entire use of the second story to the first story and use that second story for storage. If this gentleman so desires. to come in and either add on to the back of this for a storage area or whatever he has to do to continue his continued storage, so be it. That's something we'll entertain when we get to it. That's my suggestion. What you're actually increasing is the distance of what that footprint of the deck area - that second -story deck area is. Do you know what I'm saying? MR. BROWN: Yes, I understand what you're getting at. My concern is obviously for the equipment which is in the first -floor garage which could not be... CHAIRMAN: But, you can still come back - you can modify the plan, O.K. - if the Board is so inclined - that's my suggestion as alternate relief. You modify the plan by elongating the potting shed and putting the equipment in there - into a new modified plan and thereby increasing that. I am talking about a total trade of upstairs for downstairs. Upstairs shall remain open; everything should be cut to the rafters and unheated, unused, unairconditioned - whatever utilities you intend to put in there. There's still a question in my mind in reference to the Page 6 - Transcript Halpert Bearing Regular Meeting of February 6, 1997 Southold Town Zoning Board of Appeals seasonality of this dwelling. It appears that this is not a dwelling. It is a very simple, seasonal structure with sleeping quarters. That's an area that I wanted to address. We would appreciate - we don't care if you insulate it - I would appreciate it - I'm not speaking for the Board - if it remains unheated and it be used for seasonal purposes. MEMBER TORTORA: Noncommercial seasonal. Isn't that correct? MR. BROWN: I'm quite sure that he has no commercial intentions for it. CHAIRMAN: Right. MEMBER TORTORA: Ile doesn't want to rent it or whatever? MR. BROWN: No. MEMBER TORTORA: The thing we're trying to get away from is creating two separate dwelling units on one lot. CHAIRMAN: You see, what that does is that it utilizes the existing structure and it's a trade for upstairs/downstairs. O.K.? I don't care if you put a flat roof oil the upstairs - on the area - this is only my suggestion, o.k.? This is not the Board's suggestion. I don't care if you put a flat roof on that so as to still utilize the view from the upstairs area but the upstairs cannot be utilized as a bedroom - you can sit on the deck if you want to, as a flat roof - I don't care. Or you can put a pitch roof on there - it really doesn't make any difference. If you want to utilize the existing glass sliding door for ventilation purposes or whatever the reason you want to do. I also know that it puts you in a perplexing position because Mr. Halpert is out of the country. MEMBER TORTORA: There's also a kind of phase out condition on that. CHAIRMAN: We would take a look at that prior to. That's the easiest way to deal with that. After its constructed, we would just very simply want to come back and view it prior to any C. 0. , that's all. MEMBER VILLA: There should also be some conditions in it too because.... MEMBER TORTORA: There's also a phase out in the apartment aspect of it. CHAIRMAN: That's going to be cut to the rafters. MEMBER VILLA: I'm just saying, as this gentleman here is saying, that Mr. Halpert only bought it four or five years ago and he bought it assuming thus. In two years Mr. Halpert could sell it to somebody else and they could say "Well, I bought it with the understanding that I could do anything I wanted with this. They could rent it... CHAIRMAN: Of course, that's the restriction though. Page 7 - Transcript Halpert Hearing Regular Meeting of February 6, 1997 Southold Town 'Zoning Board of Appeals MEMBER VILLA: 'That's what I'm saying. CHAIRMAN: So we're going to condition the restriction that it's going to be a trade from upstairs to downstairs. That's it. MEMBER TORTORA: What do you mean? MEMBER VILLA: With further c:onditions... CHAIRMAN: Witll further conditions that upstairs be used only for storage purposes. MEMBER TORTORA: And the downstairs be used for? CHAIRMAN: A seasonal - a pre-existing seasonal cottage - living unit. MEMBER TORTORA: I'd like to check that out. MEMBER VILLA: That opens up a lot of situations. CHAIRMAN: There is an existing - a decision that was rendered in the '70's for the Pugsley cottages over in New Suffolk and it gives you a clear time of when seasonal dwellings - seasonal dwelling units - ought to be utilized - from x,y,z date to x,y,z date. Calendar wise. So, I would suggest something of that nature. MEMBER VILLA: It's on nonconforming situations? CHAIRMAN: On nonconforming, yes. MEMBER VILLA: I'll have to think on that one. CHAIRMAN: These are all things - this is a suggestion. This gentleman is trying to preserve a place for his mother and, at the same time, I don't particularly like second -story seasonal living units and I think it's somewhat of a practical situation. I should point out to the Board tonight - for the public tonight - that we are stopping this at 10:00 so no matter where we are, that's where we're going to be. And I apologize for that but I have a commitment that I have to make and so that's where we are. (Tape change.) MEMBER TORTORA: We're going to check it out. Essentially we're going to - I know each case is different but there are other instances in the Town of S-outhold where a garage has been converted to an apartment and they don't have a C.O. for it. So, I'd like to think about how to deal with that. And "I'm not sure that Mr. Halpert would want a condition for seasonal use so maybe that's something you could talk to him about. MR. BROWN: Just hypothetically - and this is off the top of my head - in terms of the heating aspect - providing the heat to guarantee its seasonality - considering the age of the intended occupant, I would want to put heat in there even for summer use. Page 8 - Transcript Iialpert Hearing Regular Meeting of February 6, 1997 Southold Town Zoning Board of Appeals CHAIRMAN: O.K. That still doesn't make it a year-round dwelling. MR. BROWN: I don't want seasonality to be the... CHAIRMAN: Yes, we're just saying to you that we didn't view any heat in the existing dwelling - in the existing living unit, o.k.? So, therefore, we're not giving you any more than what exists. I have no objection to electric heating units being placed in there as long as it's conditioned for seasonal use. And I believe from the Pugsley decision that it was something like_ October 31st to April 1st - something of that nature. It would not be utilized. MR. BROWN: I'll have to discuss that with Mr. Halpert. Also, for the sake of my discussion with him so I can understand and clarify your proposal of including the area under the deck... CHAIRMAN: Right. MR. BROWN: One of the reasons we didn't just go downstairs with it - obviously, Mr. Halpert's mother has an aide and you saw the size of the apartment upstairs... CHAIRMAN: Right. MR. BROWN: To my mind, that would be small for somebody to stay in... CHAIRMAN: Right. MR. BROWN: I just want to look for a little leeway in the apartment size assuming that we were to ... CHAIRMAN: I think you're going to find that bigger actually than what you're anticipating because my suggestion is that you take the stairwell out going upstairs. MR. BROWN: I would need a stairway for access to the storage. CHAIRMAN: Move that into the other area where you're going to increase that to put in storage area but abutting or adjacent to or contiguous to the... If you increase the potting shed, put it in there. MR. BROWN: The potting shed is only one story. CHAIRMAN: I know. MEMBER TORTORA: There's no opportunity for Mrs. Halpert to stay in the main structure? Because it's very large. Particularly at her age. MR. BROWN: It is large but it's not easily accessible - there are several steps. MEMBER TORTORA: Wouldn't it be easier to make it handicapped accessible than to... Page 9 - Transcript Ilalpert Hearing Regular Meeting of February G, 1997 Southold Town Zoning Board of Appeals ME. BROWN: Not without doing serious damage to the architecture of the existing house, first of all. And from my brief meeting with Mr. Halpert's mother, she's a very independent -minded individual. MEMBER TORTORA: And she's lived to 93? God bless her! CHAIRMAN: So why don't we recess this at this point and you can come back to us and the Board can investigate this on their own... MEMBER TORTOR.A: We'll look at some other options and you can look at... CHAIRMAN: Yes, some other options on your part. That's only a suggestion on my part. I have not shared that with anybody until tonight. Mr. BROWN: Fair enough. CHAIRMAN: We thank you, and again, it's an absolute pleasure dealing with you. You're a true gentleman, sir. MR. BROWN: Thank you very much. CHAIRMAN: You're welcome. Is there anybody else who would like to speak? (No one wished to speak.) CHAIRMAN: llearing no further questions, I will recess this without a date. I need a second. MEMBER DINIZIO: Second. (All ayes.) TO: All ZBA Members FROM: ZBA Offic DATE: February 2 , 1997 RE: Receipt 2/24/97 of Alternative Plan from R. Brown Pending Application of Halpert For your review is a print showing an alternative layout within the footprint of the existing building. There is a proposed to expand into the existing (shed) area plus three ft., and other info as noted on the two-page plans. The hearing has been advertised to reconvene on March 13, 1997. 3 /08/1995 2?: 21 3•.I 1 516: 509 HALPERT Ann Hurwitz 16C Crvsc ent Avo , Lavnla, Nj 07609 201-461-566;3 IF. F] PAGE 01 �L,E� i �I f MAR 1.1i 2.; I i�7 March 6, 1y97 To whom it NOConcern .. 1 am writing at the rout�at �,� r�t'rret7Cw to the 9 Edward anq Evalyn f1a1 pert in rete rpt Kto theP Property formerly Owned by my parents, iivward and e!, ori Town Harbor Lane 1n Southolq, Mr. and Fps • Na ipert wspec�i t i va 1 • y asked i f I refaemberect when the Dcitcb®rt ee put in the upsttiJlrs garoge a�,urtment. Z do not renembar sPendinq summers end prepar, the •xaCt Year but know that it was Flc�deti at least 30 1 rMcall ng meals there w1 en mygban6 now eq• 3i4, wa�a an inront. i Iho veel tO Contacteme if jt oaPlil�le pr.cblen,s. pcease do not hesitate Sl Ceroly, A an Hurwitra I y k �oS�FFoc,��o 56-A a o- Town Hall, 53095 Main Road p • Fax (516) 765-1823 New Y&k 11971 ox 1179'y�%.t �aO� Telephone (516) 7654802 Southold OFFICE OF THE BUILDING INSPECTORFI?7MA TOWN OF SOUTHOLD - --- - 51997 TO: Gerard P•. Goehringer, Chairman & ZBA Membersai FROM:. Gary J. Fish, �7 ~- Building Inspector SUBJECT: Pre -Co Z=20606 Issued March 23,, 1992' (Formerly Glover, now Halpert) Suff. Co.. Tax Map #1000-66-1-31 In response to your memo dated February 24, 1997, I hope to clarify the words "Guest.Room" as they appear on the above Pre-• Co dated March 23,,1992. As a result of my inspection of the garage on March 4, 1992, I noted in the space provided on the Housing Code Inspection Report "Guest Type Construction" above garage - room with bath. Subsequent to that inspection it was made known to me that a kitchen was not mentioned on the report. I went back to the garage to clarify in my own mind if in fact there was one. I met with Mr. Brown,•Architect at,the garage approximately 3' months ago and found a kitchen to be part of the room above the garage. By the construction observed it was quite apparent the kitchen was. done when the garage was, built or'very soon thereafter. I"n conversation, both at the time of the initial Pre -Co inspection and approximately3 months ago, it was indica"ted,to me that the room -above the garage was used rarely by�an occasional guest on a seasonal (summer) basis. In light of that I classified the room.as a "guest room" and not an apartment. "Guest Room" indicating a"very temporary occupancy as opposed to an apartment whose occupancy is -much more permanent. Please note .that the word kitchen was added to the housing report by me as a result of my meeting with Mr. Brown. 1 -hope this helps to clarify for th"e"Board my definition of the words, " Guest Room" and if I can be'of any further help, please communicate. ........... ........ ..... ##too# ........ too ....... f000tf ........ t TRANSMISSION RESULT, REP6'RT ............. (MAR 06 '97 11:51AM) ........ to#### -D TOWN HALL. 516 765 1623 (AUTO) ..................... .................... ...........................................:°::::::..:.:,::.:.::..:.:.:.:t...................................... .......... ........... d DATE ATE START REMOTE TERMINAL T hL;�— R,L"—'l', `It �,M' '.,;;!:TOTAL PERSONAL LAB EL FILE TIME IDENTIFICATION SULTS ,PAGES NO. MAR 06 11:50AN 5164770973 00?52" "OKi 013 J" iv .............................. .......... ......... .............. too ............................. .................................................................................... I ......... E)ECM >)REDUCTION S)STANDARD M)MEMO§Y #-)BATCH D)DETAIL t,�,—VtTRANSFER F)FINE P)POLLING Town Hall, 53095 Main Road P. 0. Box 1179 Southold, New York 11971 �o�oSUFl:ot�.�o� o y1 CA = l Fax (516) 765-1823 Telephone (516) 765-1802 OFFICE OF THE BUILDING INSPECTOR1 P� G �j- C TOWN OF SOUTHOLD Gerard P . Goehrin er, Chairman & 5197 r ,f TO : q ZBA Members FROM: Gary J. Fish, Building Inspector SUBJECT: Pre -Co Z-20606 Issued March 23, 1992 (Formerly Glover, now Halpert) Suff. Co. -Tax Map #1000-66-1-31 In response to your memo dated February 24, 1997, I hope to clarify the words "Guest Room" as they appear on the above Pre - Co dated March 23., 1992. As a result of my inspection of the garage on March 4, 1992, I noted in the space provided on the Housing Code Inspection Report "Guest Type Construction" above garage - room with bath. Subsequent to that inspection it was made known to me that a kitchen was not mentioned on the report. I went back to the garage to -clarify in my own mind if in fact there was one. I met with Mr. Brown, Architect at the garage approximately 3 months ago and found a kitchen to be part of the room above the garage. By the construction observed it was quite apparent the kitchen was done when the garage was built or very soon thereafter. In conversation, both at the time of the initial Pre -Co inspection and approximately 3 months ago, it was indicated to me that the room above the garage was used rarely by an occasional guest on a seasonal (summer) basis. In light of that I classified the room as a "guest room" -and not an apartment. "Guest Room" indicating a very temporary occupancy as opposed to an apartment whose occupancy is much more permanent. Please note that the word kitchen was added to the housing report by me as a result of my meeting with Mr. Brown. I hope this helps to clarify for the Board my definition of the words, " Guest Room" and if I can be of any further help, please communicate. I MAK - 4199T Transcript of Hearings February 6, 1997 8:45 p.m. Appl. No. 4453 - EDWARD AND EVELYN HALPERT . Based upon the 11/18/96 Action of Disapproval by the Building Inspector, applicants are requesting a Variance under Article XXIV, Section 100-241-A&C, and Section 100-243A, for the proposed alteration and second floor addition (expansion) of a nonconforming building which has contained a nonconforming (pre-existing) living unit, separate and accessory to the main dwelling, at 2125 Town Harbor Lane, Southold, NY; County Parcel #1000-66-1-31. Zone R-40, Residential. Property size: 1.45+- acres. CHAIRMAN: I have in my property the site plan, registered architect, Robert I. Brown, dated December 16, 1996 - indicating a one-story addition to ari existing two-story frame garage with potting shed which is fairly close to the property line on the easterly side; and a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. How are you again, Mr. Brown? ROBERT I. BROWN (Architect) : Fine, how are you? CHAIRMAN: Good. What would you like to state for the record other than what we discussed? MR. BROWN: My name is Robert Brown - .I'm the architect for the Halperts. Basically - (inaudible because of noise from paperwork) . It is my understanding that what we are looking for is permission to make some changes to increase the nonconforming use which is the kitchen and the garage apartment. CHAIRMAN: O.K. My only question is - and this is something that occurred after I looked at this on Saturday when we were out on the field inspection with you - has there been any thought about utilization of the ground floor area of the garage which is now a storage area? MR. BROWN: Well, in fact, that was considered a possibility and it would require two things: One is that it was too small for the use that we had hoped for and the other that we would then have to find other storage space for groundkeeping equipment. CHAIRMAN: 0. K. MR. BROWN: It did not seem a. viable alternative. CHAIRMAN: Ever since I've been there - I mean it's simply a gorgeous, very beautiful piece of property. The problem that I have is the extent of nonconforming use that you are proposing. O.K. ? That's where the problem lies, O.K. ? I realize that it may require Mr. Halpert to build another storage building but I just can't see the elongation that you're proposing at this time. If you can come back with some other kind of remedy, I would really appreciate it. Page 2 - Transcript Hearings Regular Meeting of F eoruary 6, 1997 Southold Town Zoning Board of Appeals MR. BROWN: I'm not sure that I understand. CHAIRMAN: You're, in effect, building another cottage by adding this on in the manner of which you're proposing and that's the concern that I have. It's kind of extensive. MR. BROWN: As I expained, the intention of this is to be able to utilize the existing pre-existing nonconforming use for the owner's mother who is 93 years old and obviously has difficulty getting to the second floor. CHAIRMAN: Right. MR. BROWN: In doing that, we felt we wanted to make it part of the existing structure that had the pre-existing nonconforming use other than create a separate structure entirely. We did it in a way that we hope is least obtrusive to the neighbors and took most advantage of the property that' we could. As you know, the view there is quite spectacular. CHAIRMAN: Unprecedented. MR. 'BROWN: We obviously wanted to take advantage of that as best we could. Hence, the addition in that direction which also, fortunately, has the least impact, I feel, on the neighbors. CHAIRMAN: Right. O.K. We'll see how everybody else feels. I'm not trying to put you on the spot because you're a very nice man. Mr. Villa? MEMBER VILLA: I also have a problem. with the size. You're talking about a rather large extension here and, looking at the plan, you've got a master bedroom and another bedroom. MR. BROWN: That's for the helper for Mr. Halpert's mother. MEMBER VILLA: So, you're actually. having two bedrooms - that's all downstairs. You're actually talking about building something here that's almost in the range of what the Town requires as a minimum lot house size - 850 sq. ft. MR. BROWN: I can tell you what the addition is. The addition is 695 sq. ft. I would also point out, in defense of the size of the project, that in terms of over-all lot coverage; we're going from 17.7% to 18.8%. So, an addition of only 1% in terms of lot coverage on the entire property. MEMBER VILLA: I realize that but you're still ending up with two dwelling units on an individual lot. CHAIRMAN: That's where the problem lies. That's the main crux of the whole problem. MEMBER VILLA: This sets a heck of a precedent. We've got many many, I think, of these so-called "nonconforming apartments" existing in the town. This could open the flood gates for many many of these similar situations. Page 3 - Transcript Hearings Regular Meeting of r-eoruary 6, 1997 Southold Town Zoning Board of Appeals MEMBER TORTORA: You're pre-existing C.O. is for a guest room above the garage. MR. BROWN: In fact, that went back and forth between your Board and the Building Department and we became aware, from our original denial by the Building Department, that the . C.O. did not include the kitchen. We were a little concerned- because the dates of the inspections by the Building Departments obviously indicated that these have been written after the kitchen was already there. MEMBER TORTORA: How long has the kitchen been there? MR. BROWN: I can't say exactly. MEMBER TORTORA: Could you find out? MR. BROWN:' That would be very difficult. The Halperts have only owned the property for, I think, five or six years but they bought it with the understanding that the C.O. was for that apartment and, when I met with the Building Inspector there, he agreed that the kitchen had been there prior to his writing the C.O. which he has since amended to include the kitchen. MEMBER TORTORA: He hasn't amended it in front of us. It's been initialed by the secretary that it says there's a kitchen in there. MR. BROWN: That was initialed by the Building Inspector. MEMBER TORTORA: John Boufis? CHAIRMAN: Yes . MEMBER TORTORA: Well, the problem here is simple that, in your asking to expand a nonconforming use, in order to be grandfathered, it has to be a lawful nonconforming use which meant that, at some point, it had to either meet - the Code or meet the amendment. I don't know - maybe 30 years ago a kitchen was allowed done but it isn't in today's Code. MR. BROWN: It is my understanding - and I'm not a legal authority on this - but it is my understanding that it wasn't illegal until the Code said it was illegal. MEMBER TORTORA: At what point was that? MR. BROWN: I believe it was in the '60's or '70's - as I said, I'm not a legal expert on this - that was just my understanding of the situation. MEMBER VILLA: I have to say that, from the advent of zoning, there is only one house allowed per building lot so it would have to be nonconforming back to that point. MEMBER TORTORA: I don't know. I wish we knew how long the kitchen was in there. Page 4 - Transcript Hearings Regular Meeting of February 6, 1997 Southold Town Zoning Board of Appeals CHAIRMAN: Do you want a guesstimate? MEMBER TORTORA: I'm asking that, if any point in time... CHAIRMAN: I would say that that kitchen was built around 1965. MEMBER TORTORA: It's not new - I know that. CHAIRMAN: It's approximately 32 years old. MEMBER DINIZIO: Looking at the tax rate, there is no indication here of any increase. We have apartment written down over the garage - "two -car garage and apartment". I saw the old record which Scott Russell indicated to me - it didn't have a date on it but because of the way the photograph was taken, it was a certain period of time. - I believe he said before 1960 or 1960 something. It indicated on there that there was an apartment there so you can assume that if it's an apartment, that some type of cooking must have been going on there for someone to live in that apartment. I asked that question because the original indication we got from the Building Inspector that we have in our office said "kitchen" and had Gary Fish's initial or whatever. MEMBER TORTORA: The C.O. didn't say. MEMBER DINIZIO: When I went down to the Building Department, that wasn't on the record down there. MR. BROWN: Which is why I met with them there and discussed the fact that obviously there had been no recent renovation there. and the kitchen was at least as old as the rest of the apartment. MEMBER DINIZIO: The problem was 'that he amended it here but he didn't amend it in his own original records. MR. BROWN: That I can't account for. MEMBER DINIZIO: So, I went over to the Assessor's and in the ensuing discussion - I can only assume that they assume that the apartment was something that had a kitchen in it. It has to be there for quite some time. If you look at the assessments - they did some reassessments - never jumped up - before 1960 it was one thing and then suddenly in 1960 it went up almost double. I don't know how you feel about that but, it seems to me, that in some point in time, something must have gone on in March of 1960 to cause this property to jump in value. Maybe that's when the kitchen was put in. Maybe that's when this garage was built. It seems to me that those floors are 1950 floors - those hardwood floors. MR. BROWN: That was my opinion. MEMBER TORTORA: Your intention is to have this for his 93 year-old mother? MR. BROWN: That is correct. Page 5 - Transcript Hearings Regular Meeting of February G, 1997 Southold Town Zoning Board of Appeals MEMBER TORTORA: I'm trying to figure out a way to put this so that if - when she ceases to be, that this will not be a single-family unit. It will be an accessory and the apartment phase of it we could phase out. CHAIRMAN: I'm not sure if the applicant wants that. MEMBER TORTORA: Well, he just said that... MR. BROWN: I couldn't . speak for him. MEMBER TORTORA: It's just for the grandmother, correct? MR. BROWN: That's my understanding, yes. MEMBER TORTORA: So, after she is deceased, there will be no plans to use it for an apartment or a second -family dwelling. That's not what you're asking for, in other words? MR. BROWN: That's not what I'm asking for. In terms of Mr. Halpert's long-term intentions, I couldn't speak for that. I have no idea. CHAIRMAN: Would you like me to offer a remedy for this gentlemen? For this Board or do you want to ... My suggestion is this, and the Board can see as they see fit - I suggest that you take the existing one-story of the garage - you go out only as far as the deck area and trade the second story for the first story and the only addition would be for what is underneath the deck area. You transfer the entire use of the second story to the first story and use that second story for storage. If this gentleman so desires to come in and either add on to the back of this for a storage area or whatever he has to do to continue his continued storage, so be it. That's something we'll entertain when we get to it. That's my suggestion. What you're actually increasing is the distance of what that footprint of the deck area - that second -story deck area is. Do you know what I'm saying? MR. BROWN: Yes, I understand what you're getting at. My concern is obviously for the equipment which is in the first -floor garage which could not be... CHAIRMAN: But, you can still come back - you can modify the plan, O.K. - if the Board is so inclined - that's my suggestion as alternate relief. You modify the plan by elongating the potting shed and putting the equipment in there - into a new modified plan and thereby increasing that. I am talking about a total trade of upstairs for downstairs. Upstairs shall remain open; everything should be cut to the rafters and unheated, unused, unairconditioned - whatever utilities you intend to put in there. There's still a question in my mind in reference to the seasonality of this dwelling. It appears that this is not a dwelling. It is a very simple, seasonal structure with sleeping quarters. That's an area that I wanted to address. We would appreciate - we don't care if you insulate it - I would appreciate it - I'm not speaking for the Board - if it remains unheated and it be used for seasonal purposes. MEMBER TORTORA: Noncommercial seasonal. Isn't that correct? Page 6 - Transcript Hearings Regular Meeting of February 6, 1997 Southold Town Zoning Board of Appeals CHAIRMAN: Yes. MR. BROWN: I'm quite sure that he has no commercial intentions for it. CHAIRMAN: Right. MEMBER TORTORA: He doesn't want to rent it or whatever? MR. BROWN: No. MEMBER TORTORA: The thing we're trying to get away from is creating two separate dwelling units on one lot. CHAIRMAN:. You see, what that does is that it utilizes the existing structure and it's a trade for upstairs/ downstairs. O.K.? I don't care if you put a flat roof on the upstairs - on the area - this is only my suggestion, o.k. ? This is not the Board's suggestion. I don't care if you put a flat roof on that so as to still utilize the view from the upstairs area but the upstairs cannot be utilized as a bedroom - you can sit on the deck if you want to, as a flat roof - I don't care. Or you can put a pitch roof on there - it really doesn't make any difference. If you want to utilize the existing glass sliding door for ventilation purposes or whatever the reason you want to do. I also know that it puts 'you in a perplexing position because Mr. Halpert is out of the country. MEMBER TORTORA: There's also a kind of phase out condition on that. CHAIRMAN: We would take a look at that prior to. That's the easiest way to deal with that. After its constructed, we would just very simply want to come back and view it prior to any C.O., that's all. MEMBER VILLA: There should also be some conditions in it too because.... MEMBER TORTORA: There's also a phase out in the apartment aspect of it. CHAIRMAN: That's going to be cut to the rafters. MEMBER VILLA: I'm just saying, as this gentleman here is saying, that Mr. Halpert only bought it four or five years ago and he bought it assuming thus. In two years Mr. Halpert could sell it to somebody else and they could say "Well, I bought it with the understanding that I could do anything I wanted with this. They could rent it .. . CHAIRMAN: Of course, that's the restriction though. MEMBER VILLA: That's what I'm saying. CHAIRMAN: So we're going to condition the restriction that it's going to be a trade from upstairs to downstairs. That's it. MEMBER TORTORA: What do you mean? Page 7 - Transcript Hearings Regular Meeting of vepruary G, 1997 Southold Town Zoning Board of Appeals MEMBER VILLA: With further conditions... CHAIRMAN: With further conditions that upstairs be used only for storage purposes. MEMBER TORTORA: And the downstairs be used for? CHAIRMAN: A seasonal - a pre-existing seasonal cottage - living unit. MEMBER TORTORA: I'd like to check that out. MEMBER VILLA: That opens up a lot of situations. CHAIRMAN: There is an existing - a decision that was rendered in the 170's for the Pugsley cottages over in New Suffolk and it gives you a clear time of when seasonal dwellings - seasonal dwelling units - ought to be utilized - from x,y,z date to x,y,z date. Calendar wise. So, I would suggest something of that nature. MEMBER VILLA: It's on nonconforming situations? CHAIRMAN: On nonconforming, yes. MEMBER VILLA: I'll have to think on that one. CHAIRMAN: These are all things - this is a suggestion. This gentleman is trying to preserve a place for his mother and, at the same time, I don't particularly like second -story seasonal living units and I think it's somewhat of a practical situation. I should point out to the Board tonight - for the public tonight - that we are stopping this at 10:00 so no matter where we are, that's where we're going to be. And I apologize for that but I have a commitment that I have to make and so that's where we are. ( Tape change . ) MEMBER TORTORA: We're going to check it out. Essentially we're going to - I know each case is different but there are other instances in the Town of Southold where a garage has been converted to an apartment and they don't have a C.O. for it. So, I'd like to think about how to deal with that. And I'm not sure that Mr. Halpert would want a condition for seasonal use so maybe that's something you could talk to him about. MR. BROWN: Just hypothetically - and this is off the top of my head - in terms of the heating aspect - providing the heat to guarantee its seasonality - considering the age of the intended occupant, I would want to put heat in there even for summer use. CHAIRMAN: O.K. That still doesn't make it a year-round dwelling. MR. BROWN: I don't want seasonality to be the... CHAIRMAN: Yes, we're just saying to you that we didn't view any heat in the existing dwelling - in the existing living unit, o.k.? So, Page 8 - Transcript Hearings Regular Meeting of Feoruary 6, 1997 Southold Town Zoning Board of Appeals therefore, we're not giving you any more than what exists. I have no objection to. electric heating units being placed in there as long as it's conditioned for seasonal use. And I believe from the Pugsley decision that it was something like October 31st to April 1st - something of that nature. It would not be utilized. MR. BROWN: I'll have to discuss that with Mr. Halpert. Also, for the sake of my discussion with him so I can understand and clarify your proposal of including the area under the deck... CHAIRMAN: Right. MR. BROWN: One of the reasons we didn't just go downstairs with it - obviously, Mr. Halpert's mother has an aide and you saw the size of the apartment upstairs... CHAIRMAN: Right. MR. BROWN: To my mind, that would be small for somebody to stay in... CHAIRMAN: Right. MR. BROWN: I just want to look for a little leeway in the apartment size assuming that we were to... CHAIRMAN: I think you're going to find that bigger actually than what you're anticipating because my suggestion is that you take the stairwell out going upstairs. MR. BROWN: I would need a stairway for access to the storage. CHAIRMAN: Move that into the other area where you're going to increase that to put in storage area but abutting or adjacent to or contiguous to the ... If you increase the potting shed, put it in there. MR. BROWN: The potting shed is only one story. CHAIRMAN: I know. MEMBER TORTORA: There's no opportunity for Mrs. Halpert to stay in the main structure? Because it's very large. Particularly at her age. MR. BROWN: It is large but it's not easily. accessible - there are several steps. MEMBER TORTORA: Wouldn't it be easier to make it handicapped accessible than to... ME. BROWN: Not without doing serious damage to the architecture of the existing house, first of all. And from my brief meeting with Mr. Halpert's mother, she's a very independent -minded individual. MEMBER TORTORA: And she's lived to 93? God bless her! Page 9 - Transcript Hearings Regular Meeting of F eoruary G, 1997 Southold Town Zoning Board of Appeals CHAIRMAN: So why don't we recess this at this point and you can come back to us and the Board can investigate this on their own... MEMBER TORTORA: We'll look at some other options and you can look at... CHAIRMAN: Yes, some other options on your part. That's only a suggestion on my part. I have not shared that with anybody until tonight. Mr. BROWN: Fair enough. CHAIRMAN: We thank you, and again., it's an absolute pleasure dealing with you. You're a true gentleman, sir. MR. BROWN: Thank you very much. CHAIRMAN: You're welcome. Is there anybody else who would like to speak? (No one wished to speak.) CHAIRMAN: Hearing no further questions, I will recess this without a date. I need a second. MEMBER DINIZIO: Second. (All ayes.) APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Serge Doyen James Dinizio, Jr. Robert A. Villa Lydia A. Tortora MEMO �o�OgUfFO(�ctn OG O =� COD _ O4 BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax(516)765-1823 Telephone (516) 765-1809 TO: Building Inspector Gary Fish ,• FROM: 'Chairman and Members of the ZB , DATE: February 24, 1997 '� SUBJECT: PreC.O. issued 3/23/1992 (Formerly Glover, Now Halpert) 1000-66-1-31 The Members of the ZBA are ' requesting a clarification from you for the record as to the definition of the words "guest room" above garage noted in the 1992 Preexisting Certificate of Occupancy ##Z-20606. The applicant is indicating that it refers to a "kitchen," however, the PreC.O. does not indicate the same. Please furnish your clarification of the PreCo . O . In writing in order that it may be used in the permanent record. The hearing on the appeal (variance) has been postponed to include this information, and is expected to reconvene on. March 13, 1997. cc: A11 ZBA Members 'l�'Jl_:: Di • .iii TO',dTf OF 30MMLD, H. Y. HOUSI::G CODE .INSPECTION REL ORT Location 2125 TOWN HARBOR LANE SOUTHOLD , N _ Y . �numoer (x screen) �Ptun_lcipaiiry) Subdivision Mwo No. Lot Nenie of Owner(s) STUART B. GLOVER & MARTIN LCLNER, TRUSTEES OF MARGARET KATZENBERG Occupancy -1 RES - (type) Admitted by: EDWIN DONLIN Key available Source of request STUART B. GLOVER �o%:jrier-1:enan -c Accompanied by: SAME Suffolk Co. Twc AIo. 66-1-31 DatO 2/14/92 Type of construction WOOL) FRAME ('stories 2 STORY Foundation CEMENT Cellar FULL Crawl space _ Total rooms, lst'Fl 3 2nd. F1 6 3rd. Fl Bathrooms) 2 FULL BATAS , Toilet room(s) ONE Porch, type ENCLOSED Deck, type Patio, -type_ BreezewayGarags Utility room Type Heat LII.CO GAS Warm Air Hotwater xx Fireplace(s) ONE No. E:cits 3 Airconditioning Domestic hotwater YES Type heater Other ACCESSORY STRUCTU —79: Garage, type const. 2 STORY 2 CAR Storage, -type const. ATTACHED TO GARAGE Swimuming pool WOOD FRAME a Gues �, type const. ABOVE GARAGE - I ROOM Other BATA. HOUSE (CABANA) ON BEACH, BRICK BB Q � & BRICK PATIO VERT TO GARAGE. I'T11 BAZ,II- VIOLATIOi`IS: C11APTER 45--N.Y. STATE'UNIFORM FIRE PREVENTION & BUILDING CODE Remarks: Inspected by: FISH nate of Insp. MARCII 4, J992 Time start 9:30 AM end 10: 15 AM 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-20606 Date MARCH 23. 1992 THIS CERTIFIES that the building ONE FAMILY DWELLING Location of Property 2125 TOWN HARBOR LANE SOUTHOLD, N.Y. House No. Street Hamlet County Tax Map No. 1000 Section 66 Block 1 Lot 31 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-20606 dated MARCH 23, 1992 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 2 STORY GARAGE, WITH GUEST ROOM ABOVE GARAGE , BATHHOUSE ON BEACH, BRICK BBQ The certificate is issued to STUART B.GLOVER & MARTIN ZELNER, SURVIVING TRUSTEES OF MARGARET S. KATZENBERG (owners) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. PLUMBERS CERTIFICATION DATED N/A *PLEASE SEE ATTACHED INSPECTION REPO �. wilding Inspector Rev. 1/81 �t-may"•� .. r APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN. OF SOUTHOLD FINDINGS AND DETERMINATION i Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 -Fax (516) 765-1823 Telephone (516) 765-1809 Appl. No. 4268: EDWARD AND EVELYN HALPERT. Variance from Article IIIA, Section 100-30A . 2C (1) {ref .'Section 100-31 C (4-b) and 100-33C) , based upon the Notice of Disapproval (as updated August 10; 1994) for permission to locate tennis court structure with 10 ft. high fencing with insufficient setbacks when located in the front yard, and with fencing exceeding the four -ft. height restriction under Article XXIII, Section 100-231A. Location of Property: 2125 Town Harbor Lane, Southold, NY; County Tax Map Parcel No. 1000-66-1-31. WHEREAS, after due notice, a public hearing was held on Octo- ber 5, 1994, at which time persons who desired to be heard were heard and their testimony recorded (no opposition was received) ; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following Findings of Fact: 1. By this application, appellant requests approval of the placement of a fence located within and along the front yard areas at a total height of ten (10) feet, to encompass a proposed 60 ft. by 120 ft. tennis court, which will be located partly in the side yard and partly in the front yard, and then extending into part of the rear yard. 2. A copy of a survey map dated January 27, 1992 has been submitted with this application which shows the following improve- ments: (a) one-story, single-family dwelling with screened -in porch, all situated at the northerly one-half of the premises; (b) accessory garage building located in the rear yard; ' (c) accessory beach cabana building; (d)brick barbecue, steps to the beach and bulkhead along the southerly side property line forward of the mean high water mark. Page 2 - Appeal No. 4268 Matter of EDWARD AND EVELYN HALPERT Decision Rendered October 5, 1994 3. Article XXIII, Section 100-231 of the Zoning Code permits fencing for purposes of screening or property division to be situated in a front yard area at a height of four feet or less. (Fences along the side and rear yard areas are permitted at a height up to 6-1/2 feet. ) Also, it is noted for the record that Section 100-33C of the Southold Town Zoning Code, applicable to all residential zone districts, provides "...in the case of a waterfront parcel, accessory buildings and structures may be located in the front yard, provided that such buildings and structures meet the front -yard setback requirements as set forth by this Code..." 4. It is the position of the Board in considering this application that:. (a) the property is uniquely situated at the southerly end of Town Harbor Lane and fronts along Little Peconic Bay at Southold; (b) the circumstances are directly related to the layout of - the property and are not personal to the landowners; (c) although the relief requested is substantial in relation to the required setback locations, the tennis court will have ' variable setbacks between 25 feet and 14 feet, as amended by this decision ' and will be fully screened from view when looking from Town Harbor Lane; (d) there will not be an undesirable 'change in the character of the neighborhood or detriment to nearby properties since the yard area as situated is normally a permitted yard location for other_ lots fronting along Peconic Bay - due to the fact that they gain access from the north, rather than from the west as does the subject property; (e) the relief requested will not cause a substantial effect on available governmental facilities since the structure is a fence as a necessity to the tennis court rather than a large enclosed building; (f) the difficulty was not self-created; (g) there is no alternative for appellants to pursue other, than a variance, even in other yard locations; (h) in considering all the above factors, the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience, or order of the town, be adverse to neighboring properties, or alter the essential character of the neighborhood since other (natural) screening at heights above four feet near the Page 3 - Appeal No. 4268 Matter of EDWARD AND EVELYN HALPERT Decision Rendered October 5, 1994 tennis court angle which faces the road will be maintained at all times during the time the tennis court exists. ACCORDINGLY, on- motion by Member Wilton, seconded by Member Doyen, it was RESOLVED, to DENY the relief requested for a setback of 12 feet from the front property line, and BE IT FURTHER RESOLVED, to GRANT a variance to locate tennis court with 10 ft. high fencing partly in a front yard and side, yard area, SUBJECT TO THE FOLLOWING CONDITIONS: 1. Setback of tennis court shall be not less than 14 feet at its closest point to the front property line and not less than 12 feet from the northerly side property line; 2. Screening must be planted and continuously maintained in good condition with 4-5 ft. high evergreens, six to eight feet apart, for the entire width of the tennis court along the road side; 3. No lighting for the tennis court, as proposed, and pursuant to Section 100 -31C(4 -b) of the Zoning Code. Vote of the Board: Ayes: Messrs. Doyen, Dinizio, Wilton, Villa and Goehringer. This resolution was duly adopted. lk ` X GERARD P. GOE INGER,//HAIRMAN APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Serge Doyen James Dinizio, Jr. . Robert A. Villa Lydia A. Tortora i p��SufFO(,�cG� o � y Z o4% �ap� BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 LEGAL NOTICE NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following applications will be held for public hearings by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, FEBRUARY 6, 1997, as noted below: 6:45 p.m. North Shore Yacht Sales, Appl. #4458 - MICHAEL HUGHES This is a request for a special exception under Article X, Section 100-101, 11500 B12 for new and used boat sales at/Main Road, Mattituck, NY; Parcel #1000-122-3-6. Zone district: B Business. (Site owner: Harvey Bagshaw) 6:50 p.m. Appl. No. 4454 - SALVATORE and IRENE ARIOSTO. Based upon the 10/09/96 Action of Disapproval by the Building Inspector under Article III, Section 100-33, applicant is requesting to locate a storage building (as built) in the front yard area. Location of Property: 110 Selah Lane, Mattituck, NY; Parcel #1000-106-09-4.8. 6:55 p.m. Appl. No. 4457 -JAMES and DIANA .MINOQUE. Based upon the 01/03/97 Action of Disapproval by the Building Inspector under Article IIIA, Section 100-30A.3, ..applicant is' requesting to construct an addition to dwelling which will exceed the required 20% lot coverage at this premises. Location of Property: 5650 'New Suffolk Ave, Mattituck, NY; Parcel #1000-115-10-6. 7:00 p.m. Appl. No. - LOIS T ANDERSON. Based upon the 12/16/96 Action of Disapproval by the Building Inspector under Article XXIII, Section Page 2 - Legal Notice Regular Meeting - February 6, 1997 Southold Town Board of Appeals 100-239.4B, applicant is requesting to construct a deck addition to dwelling which will be less than the required. 751 from the existing bulkhead. Location of Property: 25.15 Calves Neck Road, Southold, NY; Parcel #1000-70-4-45.5. 7:05 p.m. Appl. #4456 - FRANK and PATRICIA REILLY. Based upon the 01/06/97 Action of Disapproval by the Building Inspector under Article IIIA, Section 100-30A.3, applicant is requesting to construct an addition to dwelling which will exceed the required 35' front yard for this residential premises. Location of Property: 25 Eat Side Ave., Mattituck, NY; Parcel #1000-99-3-18. 7:15 p.m. Carryover Hearing: Appl. No. 4410 - GARY SACKS and . ALAN SCHLESINGER. Based upon the July 16, 1996 Notice of Disapproval from the Building Inspector, applicants request a Variance under Article XXIII, Section 100-239.4B for a proposed deck addition within 75 feet of bulkhead, at 125 Mesrobian Drive, Laurel, NY; Parcel #1000-145-4-7. 7:25 p.m. Appl. No. 4448 - MARIA ANDRIOPOULOS. Based upon the 11/21/96 Action of Disapproval by the Building Inspector under Article XXIII, Section 100-239.4B, applicant is requesting a variance for the location of a portion of a proposed deck addition within 75 feet of an existing bulkhead at 1605 Westview Drive, Mattituck; County Parcel #1000-107-7-9. 7:30 p.m. Appl. No. 4452 -.CHRISTINA RIVERA. Based upon the 1/14/97, Action of Disapproval by the Building Inspector under Article IIIA, Section 100-30A.3, applicant is requesting a variance for permission to locate a portion of a proposed addition to dwelling for which a portion will Page 3 - Legal Notice Regular Meeting - February 6, 1997 Southold Town Board of Appeals be located at less than the required 40 ft. front yard setback from Inlet Drive, and a small portion of steps less than the required 40 ft. front yard from Sound Beach Drive. Property Location: 250 Sound Beach Drive. and Inlet Drive, Mattituck, NY; County Parcel #1000-99-1-16. Zone: R-40 Residential. This parcel consists of approximately 40,000 sf. . in total area. 7:35 p.m. Appl. No. 4451 - MARIAN JEAN PRAUS . Based upon the 12/06/96 Action of Disapproval by the Building Inspector under Article XXIII, Section 100-239.4B, applicant is requesting a variance for approval of steps and deck construction, as built, near existing bulkhead at 2175 Nassau Point Road, Cutchogue,. NY; County Parcel #1000-104-13-12. 7:40 p.m. Appl . No. .4453 - EDWARD AND EVELYN HALPERT . Based upon the 11/18/96 Action of Disapproval by the Building Inspector, applicants are requesting a Variance under Article XXIV, Section 100-241-A&C, and Section 100-243A, for the proposed alteration and second floor addition (expansion) of a nonconforming building which has contained a nonconforming (preexisting) living unit, separate and accessory to the main dwelling, at 2125 Town Harbor Lane, Southold, NY; County Parcel #1000-66-1-31. Zone: R-40 Residential. Property size: 1.45+/= acres. County Parcel No. 1000- 66-1-31. Zone: M-31. 8:00 p.m. Appl. No. 4455 - JOHN and CATHLEEN HARRISON. This is request for a waiver under Section 100-26, based upon the 11/14/96 Action of Disapproval by the Building Inspector. The Building Inspector has determined a merger under Article II, Section 100-24A because they have been held in common ownership at sometime after July 1, 1983. Page 4 - Legal Notice Regular Meeting - February 6, 1997 Southold Town Board of Appeals Property Location: 1225 & 1227 Pine Neck Road, Southold, NY. Parcel #k1000-70-5-3607 . Zone: R-40. Size of lot when created less than 20,000 sf. . 8:15 P.M. Appl. No. 4401 - DAVID DEFRIEST, as Tenant. Carryover hearing, continued from 11/14/96, and from 12/12 per applicant's request. Use variance is requested for a car rental business concerning property located at 73625 Main Road, Greenport, NY; County Parcel No. 1000-45-3-2. Zone District: LB Limited Business for entire parcel. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above applications. Written comments may also be submitted prior to the conclusion of the subject hearing. The above hearings will not start before the times designated, and some may be carryover hearings. The files may be reviewed during regular business hours for updates or new information. If you have questions, please do not hesitate to call 765-1809. Dated: January 21, 1997. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, Chairman. Y G NOTIC . NOTICE IS"HEREBY GIVEN;',pur- - . suant to Section 267,of.the Towrt:Law and the Code of the Town of Southold,' 'the following applications will be held _ for public_ hearings by the SOUTHOLD TOWN BOARD, OF APPEALS;4t.the Southold Town Hall, 53095 Main Road, Southold, ='.New: ' . York 11971--. on, THURSDAY; MARCH 13 LM at-the—pe . times noted below (or as soon thereafter- as possible):: ., 6:45 p.m.-AppC#4459'-ANYONE:* and'LUCY STRAUSSNER A%Y�aiver.� a is requested br.6i undersited'lot -", Which waiveris based,onthe Nov S5; 1996 Action 'of. Disappinva'<by.°y Building Inspector due't6 lor.inager- 4 after- 1983:The='16ii- show. eread6ir by ; deed and conformity. in size when .fust; ;, created (ref:-"13uilding Inspector'snota , tions). Location o1'iands: 335 Main St. and 1045 Wilmarth Avenue, Green'&L`: R-40 Zone:'1000-34-1=16 as one lot;.. and 1000-114-10 & 11 as the other lot. 6:50 p.m. Alppl:: #4462 VIVIEN . .and PETER _ SOO.. A, variance, is requested. for a reduced franc yaid -set back for -proposed new dwelling, based on. the January" 15,, 1997 Action- of Disapproval :issued ey. the-! Building Inspector: Location .of -Property: ;265 Cedar Point-. Drive East. Southold: Required: front yard: to be determined based on those establishedwithin.300 feet, same block, same side of nicer; or bulk schedule.minpnum:of 35 -ft; front, .35 ft., rear; :10: ft and`f5 ft "sides, pertaining to�this _lot size. of 15;576± "square feet::County,Parcel No.::1000-, 90-3-9. (Note: Setbacks from the -Water are determined ' by Town "Trustees ' and NYS DEC, when*nor bulkhead or wall exists.)=.:";�..> 6:53 p_m.LfCarryover`Hearing-from" -2/6/97 a ii!2/2S/97: Apel: No; 4452-= 7:0(1 p,m. Carryover: Hearm¢'fmnii and EVEIL1W .7:10 D.m:�•Continued5'Hearinc 4430, by ELCO;:as Contract Vendee. These applications: apply to_premises referred to' .9550;(vacantland) Main Road, Mattituck ,(near isurei) , identti fled as, 1000-122.-7-6.6, further identi=. fled as -Lot #2 consisting of .35;79&"s£ as shown on the Subdivision 6f1 of "Frank, ;:M _ urphy'YGafden=� Center" approved by the.. Southold";-` n Planning Board:.4/iwign:.Ap lita»5 as contmct.vendee, isidquestini N l:'�`j (a) Appl: No. 4429 _ Special .E cea ptiofor., Use : of'.vacanG I�nd."an shown ori: plot plaii.for.a'-cotnpressor station building with fence endin this "B"General Business Distriixr { (bj ApO.. No.`4430 :\i i in under Article XXM. Section.' 100=231= A. for permission, to construct feria enclosure,, which, exceeds; maximum fence height restriction of '6 feet when located -in the front- yard,", arid, which exceeds 6:1/2 feet iwor alongside and .rear ards.:4�, X� 7 30 .pan.. Coritimied'Heari .9 from ' 2/6/97., and- from .=225/97 '.Matter. of AppL #4458 =. North_ Shore Yacht -Sales .by-NHCHAEi BIIGHE.S: This is a requesCfora°special exception I under Article X; Section 100-101B-12 for_ new and= t sed boat. sales use at 11500 Main Road,, Mattituck; NY; Parcel #1000-122-3-6. Zone District: B Business. (Situ .Owner. : Harvey Bagshaw).' The.Board'of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above applications. Written com- ments may; 'also be submittedprior-to . the conclusion of the. subject hearing._ The above hearings will not start before the times designated. and some aiay be carryover hearings:' The' files niay be„ reviewed during regular business_ hours for updates or new: information. If you have questions;; please do not hesitate. to c911765-1809..,., i;;;-,:» Dated: Febhtary26;1997:; BY ORDER.OF•THE S6UTHO1b TOWN BOARD dF. APPEAL$ GERARD. P:' (,pEHRINGER; °...... .Chairman .y By 13rrda Kowalski :.. 8890-1TM6: `' ' .. STATE OF NEI ')RK) SS: ��LIN�TY F SUFFO ) ►1� �� of Mattituck, in said County, being duly sworn, says that he/she Is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattituck, in the Town of Southold. County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy. has been regular- ly published in said Newspaper once each week for �_ weeks successively, apmmencingon the _day of �9 Principal Clerk Sworn to before me this day of 2'L d- 19 co iC�ia--scJ � i L(iL MARY DIANA FOSTER NOTARY FU5LIC, STATE OF NEu,I W.)1 NO. 52-4655242, SU; FOiq COU�ITN CV VVAISSION ETIRES:+UG1,1S' 3'_,'.9 q7 premises:,<I:ocation of Property::5650. ,,;.. Building inspector under Article 3MB, '•;Su . Newffolk°Ave ;`g Mattituck;, NY, Section applicant- is' ' Parcelx:ttiquesting a 'variance for.. approval of. •, .,: 7:00"P.M.'`Appl =Flo;`:,.=. LpIS:'i;f S steps ana deckiroitshuctton, as built' ANDilRSON.: Baspd _,,upon'= 'the = a'near existing bulkhead it 2175. Nassau3 r 12/)6/96) ixion of Disajipinyal;�,y;ihe �':;-: Point; Roid,:Cutchogue, NY-,-- 'Baililing'nspectorun'deiAiticlX7CIB'.e%`'P 1#1000-104-13-12.:_ d Y00;239,4B=':;a lioant.:.is 5 40 p.m..;NAPPI•: No :'4453'. t;:regUesting tocodstmct a deck addition <• �='EDWARD..--and.;,:, _',EVELYNFr' to dwelling which will lre less than the'`7"-` IIALPRRT:':B" d_upon the,;ll/1tiJ96 ' required ,75t -from the'existing'bulk- aActioof Disapproval by: tiie`Btiilditigi; -,,.head. Location•;of .Property: 2515 t; '` Inspector; applieafiW:are- tegiieating,"at Calves Neck '.Road„ Southold,!.,NY; -,,i`A+ Variance under,Article,.)0GV, Section Parcel #1000-70-4-45.5: ""., ';; " < 100-241-A&C, and. Section. 100-243A; ' i ,:; 7:05 p.in. Appl. #4456 -. FRANK '" for the proposed :alteration and second i and YATRICU REILLY., Based upon `'' ,- _floor addition(expansion) of a tlonc6n-� the 01/06/97 Action of Disapproval by '. forming building whichhas contained a,; the Building' Inspector. under Article <<':: = nonconforming "(preexisting); living'; IIIA, Section 100-30A.3, applicant is unit, separate and accessory to the mains 'teytiired 35` front yaia for this ie§iden= 6(=1=31:i "Zonal' ` R=40 '" Resident el f' hal Promises, Lm,cition of Property: 15-ii'Y Property sized 1;451 scree. County'; East Side Ave.,Mattituck, NY; Parcel',: , Parcel No. 1000-66-1=3I- Zone: M-31.• '1_000-9j?- 46 �:, 8:06li-m-Appl-446.4455—JOHN' ,'� ;-' •7:15 p.rn. Carryover Hearing: Appl; '', and CATHLEEN •HARRISON. This' .�M■# No.:4410_;='GARY SACKS and:•r; is request'c , a waiver uniiet Section BOARD OF P - . ALAN SCHLESINGER. Based upon .:; " 100 26; based upon the 11/11t/96 Accton TOWN OF SOUTHOLD : , • -.., the July 16019% Notice of Disapproval of •Disapproval : by:` thel ,,Building LEGAL NOTICE : ;;.:,-: from the Building Inspector, applicants,* Inspector., The Building I o,`•4has +., ,, NOTICE IS HEREBY GIVEN, pur- ; request a Variance under Article XXIII, determined a merger under. ,�taie II, sudor to Section 267 of the Town L aw. = Section 100-239.4B for a proposed `: `Section 100-24A because, thejl:' have and the Code of the Town of Southold,'?,.`` `deck addition within "75" feet of bulk-:=.�' been held in"`common ownershipz5t; the following applications will be held-;; head, at 125 Mesrobian Drive; Laurel; sometime after July 1,' 1983.. Pro for public hearings by the SOUTHOLD t � 4 NY; Parcel #1000-145-4-7.. ; ;:;, r ' ,y Location:.. 1225 , & 1227= Pine :Neck DOWN BOARD OF APPEALS; at the+ 4. 7:25.: p -m Appl. ''No. 4448-. ,- -; ' Road, Southold, NY.. Parcel #1000-70-., Southold Town Hall, 53095 Main Road, . <: 'MARIA ANDRIOPOULOS. Based ` 5-36--& 37. Zone:' R=40. Size of lot Southold, New York 11971, on upon the.11/2IN6 Action of Disap-... , • when created less than 201000 RE THURSDAX'�Fig BRUARY- 6,.1997„'-__j ° proval by the Building Inspector under 8:15 p.m.A 1. No. 4401—DAVID • "`asiioted•tieiow: fx'''`�9-��`;=""=;; ,.�,•:. ct'on. 100-Z39,4B DEFRIES App l. C7ill t q ,",' �. - STi^aa nant!; a , pver 6:45 p.m. •North Shore Yacht Sales; ' , ..cant P ues PP g :e : 9rtotlieaiing:'coriiinirdn4j46; A 1. #4458 — MICHAEL;HUGH= -;P„the lacation:of;a portion of a proposed ' L i from 12/12 per applicant's'request. Use ES. This is a request for. a : special'.°> ,< deck addition within 75 feet of an exist- variance is .requested for a car rental exception underArticle X, Section 100-;; ing bulkhead at:1605 Westview Drive,` . ' business concerning property located at 101, B12 for new and used lioatsales at j�, Mattituck;._ uiity.Paiioel #1000-107-7= *. ` ' 73625 Maiu Road � Greenport;,_ NY;: 11500 Main Road, Mattiti&c ',t' Y :,9, °.:'ti ; :; >:. , r=-• �•-:.» = County Parcel No. #11000=45-3-1. Zone Parcel #1000-122-3 6; Zone;distrid: Bs F `730 pini A�spi ^No."-4452LB'+l;inilted'l Business for Business._ : (Site.'' owner: HatVey:„CHRISTINA`=RCVERA; Based upon? - entire parcel. Bagshaw)' the 1/14/97, Action of Disapproval by; The Board, of Appeals will at said, 6:50 p.m. Appl: No. 4454'= SAiif ti: �# the Building Inspector ;under -Article '.; time and place hear any and all persons- VATORE and 'IRENE ARIOSTO:y ,IIIA;.-Sectlon100-30Aa3,? epplica$t is or representatives desiring to.be heard Based upon the 10/09/96..Adion` ofaa : iequ�sting a valiance for pertnissioii:ttl s-:. in the"ahove'ap ilications: Written cbm k` Disapproval by the Building Inspector ,.., : locate a portion of a proposed addition j l:<hients ,may ,also -be submitted prior to under Article III, Section 100-33; appli- No dwellingtfoK which a portion will lbe^d ; the .conclusion, of -the; -subject hearing:: cant is requesting to locate,•a;store located`t leae'�thaii?tfid to Uired,'4(f,ft"`The = above�.heariri s will 'not start. gam. a. building (as built)7n the front'yaiderea :front yard setback from In'le ii`vc; dii'i! �` �eA the- Itf - �ignafed, eiid someF. Location of Property: 110 Salahi(arie;s a;small'pottion,'of i;teps'les§ than the: may be carr -y Qt Mattituck, NY; parcel. #1000-106-04 t. required 4Driv0. ft. front ard;from Sound r; - 4.8. < : a -nt yard may be. reviewed' during regular bust= 6:55 p.m. Appl. No.' 4457 } =3=''' ates or new infbrma��- Sound �Beacfi -Drive nleit Dr veO:a don. if you haveaquestions, please do JAMES and DIANA MINOQUE.'ri ;t Mittituck; NY; County Parcel #i00a"`°' ;not he to call,765-1809... , Based upon the 01/03/97 Action :'of',A; 99-1-16.,Zoft&`R40 Residential. This, ,Dated: January,ll;'1997. Disapproval by the Building Inspector_ti 'r parcel consists of approximately 40,000:7;-p : -BY ORDER OFTHE SOUTHOLD, under Article IIIA,_ Section 100-30A 3;; -: �.sf. in.totaI area-:.' ; r; ,. ,r it= r: !TOWN BOARD OF APPEALS applicant is requesting to construct 'an" `. : "7:35 p.m App : No. 4451— MAIi�`:.`'r GERARD,P GOEHRINGER, addition to dwelling which will exceeds” IAN JEAN • pRAUS: Based upon' the. _ `'` `'- Chairman the required 20% lot coverage at this `:'.. 12/06/96 Action of Disapproval by the:':: 8838-1 23 - STATE OF NEW YORK) ) SS: C SUFF LK) of Mattituck, in said County, being my sworn, says that he/she Is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regular- ly published in said Newspaper once each week for weeks su cessively, m encing on the day of 19 CHRISTINA VOLINSKI Notary Public, State of New No. 5004884 - aM Qualified in Suffolk County �( rincipal-Clerk Commission Expires November 23, 19 Sworn before me th day o LEGAL NOTICE BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE IS HE GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, .the following applications will be held for public -hearings by the SOUTHOLD TOWN BOARD OF. APPEALS,; at the Southold Town Hall,-;53095;Main_. Road, South old,.New _York 1.19.7-1, on THURSDAY,, $EBRUARY 6, 199. 7.as noted below::- , 6:45 p.m. North Shore Yacht Sales; Appl:;^No ' 4458 MICHAEL. HUGHES: This is a request fora special -exception under. Article X,.:Section 100- 101, B12 for new:and:used-boat sales: at -1:1500 -:Main: Road, j Mattituck,. NY; .Parcel #1000- 1 122-3-6: Zone, district: B Busi- ness. (Site .owner:: Harvey Bagshaw).- j..s -6:50 p.m:,Appl. No.:,4,454- SALVATORE and IRENE ARIOSTO..' Based, upon -the', 10/09/96 Action of Disapproval by the -Building. Inspector under Article III; Section.100-33C; ap- plicant is requesting to locate a storage building (as built) in the front yard.;area: ;Location -of Property. .1L0 Selah -Lane, Mattituck,:N..Y;;Parcel #1000- 106-094.8. .6:55 p.m -Appl_'#4457- JAMES. ..and:'' ,DIANA MINOOUE.: -Based upon -the 0 1/03/97Action of Disapproval by the Building Inspector under ArticleIIIA; Section'100=30A:3, applicant is 'requesting :to:"con- struct an -addition to=:dwelling which will.exceed the required 20% 16t_doverage� at -premises. Location of Property: 5650 New Suffolk Ave. Mattituck; *NY; Parcel #1000-115=10-6.- "7:00p:rt%•Appl:No. `LOIS T, ANDERSON:`Bas'ed--upon the 01/03/97 -:Action of Disap- proval by the Building Inspector undbr-Article' XXIII;-Section 100-239.4B, applicant is'request ing to construct a deck addition to dwellQg hich will be less than the required 75' from the ex- isting bulkhead: Location of Property, :25.15: Calves .Neck Road; South,old; NY;'Parcel #1000-704-45.5.-'.., ; .in Appl.#4456- I F _ _, and PATRICIA REILLY. Based upon the 01 /06/ 97 Action of Disapproval by the Building Inspector under Article IIIA, Section 100-30A.3, appli- cant is requesting to construct an addition to dwelling which will exceed the required 35' front yard for this residential premises. Location of.Property: 25 East Side Avenue, Mattituck, NY; Parcel`#1000-99-3-18._ 7:15 p.m. Carryover Hearing: . Appl. #4410- GARY SACKS and ALAN SCHLESINGER .:: Based upon the July 16, 1996 Action of Disapproval by the Building Inspector,' applicants ,request a.Vanance-under Article XXIII,Sectio=n 1`00; 239:4B for;_; NY; County Parcel #1000-66-1- aproposeii`deck addition within 3,1. Zone: R-40 Residential. 75 feet of bulkhead, at 1325. ~=property size: 1.45+/- acres.. j County Parcel' No. 1000-66-1-1 i 3.1: Zone: M-3 L.`::, j 8:00 p.m. Appl.-No. 4455 - JOHN AND CATHLEEN HARRISON: This is -a request for a waiver under. Section- ' 26, based upon the 1 1/14/96 Ac= tion of Disapproval by the Build- ing Inspector. The Building In- spector has determined a merger. under Article jI; Section J 00- 24A because they have been held in common ownership at some- time after July 1_, 1983. Property; Location: 1225.:'& 122T Pine,. Neck Road, Southold, NY. Parte 1 cel#1000-70-5-36&37.Zone0R- 40. Size of lot when creates)` ress than 20,000 s.f. 8:15 p.m. Appl. No. 4401- ". DAVID DEFRIEST'as Tenant. Carryover, hearing;`:continued fromll/14M2Ad•from 12/12: per applicant's request. Use vari- ance -is requested fora car rental_. business concerning property located at 73625 Main Road, Greenport, NY; County Parcel No. 1000-45-3-2. Zone District: LB Limited Business for entire parcel. . The Board of Appeals will at said time and place hear any and all persons or representatives -desiring to be heard in the above applications. Written comments L_ .---- _-.- --- struction, as builxisting bulkhead at 2175 assau Point Road, Cutchogue, NY; County Parcel #1000-104-13-.12. 7:40 p.m. Appl. No. 4453 - EDWARD AND EVELYN HALPERT. -Based upon the 11/ 18/96 Action of Di§approval by the Building Inspector; appli- cants are'requesting a Variance underArticle XXIV, 'Section 100.241-A&C; and Section 100-- 243A, for the proposed alteration .and'second floor'addition'(ex- pansion) of a'uonconforming --building which has-containeda' nonconforming (nreexistine) liv- separate 'Parcel # 7:25 Based upon the 11/21/96, Action of Disapproval. by.the:Building Inspector under: Article XXIII; Section 100=239AB,applica6f is' requesting a variance for the lo- cation of a portion of a_proposcd deck addition within 75 feet of an existing bulkhead at 1605 Westview Drive, Mattituck/ County parcel #1,000- 107-7-9. " 7:30 p.m. -Appl.';No.`4452- CHRISTINA RIVERA' Based upon the 1/1.4/97; Action ofDis- approval by the Building lnspec tor' under Article" IIIA, - Section 100-30A.3, applicant is rcquest- ing a yariance-for permission to locate'aportion of-aproposed ad- - dition' to` dwelling ;for_�which a tion' will be` locateii=at less ss than the required 40 ft. fro: iifyard ' . setback from Irilef Drive; "and' a small portion 'of steps l'ess=tlian the-requked 40 feet front yard from' Sound Beach Drive:_ Prop- erty Location: 250 Sound Beach Drive and Inlet Drive„Mattituck, - NY; County Parcel #1000=99-1- "16: Zone: R-40 residential: This parcel consists of approximately 40,000 sf. intotal area. 7:35. p:m. Appl. 14 4451 MARIAN” JEAN PRAUS. Basedupon the 12/06/96 Action of Disapproval by',the Building Inspector under Article-XXIII,. Section 100-239.4B; applicant is requesting' a' vak`garice for ap- proval of steps and. deck; con- may also be submitted prior tc the conclusion of the subjec, hearing. The above hearings wil not start before the times desig nated, and -some- may be carryover hearings. The file: may be reviewed during regular business hours for updates of new information. If you have .questions, please also do not hesitate to call 765-1809. Dated: January 21;' 1997 "BY ORDER OF THE SOUTHOLD TOWN BOARD 6 1?APPEALS GOEHRINGER; Chairman -1X=1/23197(76) ,�e,A�L.� g � fig, � COUNTY OF SUFFOLK STATE OF NEW PORK ss: Patricia C. Lollot, being duly sworn, says that she is the Production Coordinator, of the TRAV- ELER WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the no- tice of which the annexed is a printed copy, has been published in said Traveler Watchman once each week for ....................................................................wee s successively, coy pencing on the ..�.............. ............................... 19..clan ................ .... ...-.....:.....? Sworn to bef re me this ...........................day of ................................................................... .19.7 ............................................. �................ . Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, State of New York No. 4806846 Qualified in Suffolk CountV Commission Expires $ 1 198 APPEALS BOARD MEMBERS p�0$�FFO(,rco G Southold Town Hall Gerard R Goehringer, Chairman o y1 53095 Main Road Serge Doyen co Z P.O. Box 1179 James Dinizio, Jr. p Southold, New York 11971 Robert A. Villa �fj O� Fax (516) 765-1823 Lydia A. Tortora Ol �a Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD January 22, 1997 -Dear Appli Please find enclosed a copy of the Legal Notice confirming the date. of the public hearing for- your application to be held Thursday, February 6, 1997. This notice was published this week in the Times -Review by our office. - Also enclosed is a sign to be posted by you within 10 feet from the front property line (facing the traveled street) . The Affidavit of Posting must -be signed and returned to our office as soon as may - be , possible, after the sign has remained in place at least seven - days . ( The sign may remain, in • place longer, which is always preferred.) Please feel free to stop by, or call us, during. the last few days. of processing to review any updates or communications that could be added to . the file. Very truly yours, 5 . Enclosures " da Kowalsla P. S. . Enclosed is a copy of the "standards" of law for your use., Please note that different standards of law apply in different appli_- tlons, i.e_ "area standards under New York Town Law, apply to most to variance applications, "waiver standards under 100-26" apply use merged lots as per 100-25 (different than area standards). "Land use standards of. Town Law" apply to use variances. "Special Use Excep- tions" unde/r� Town Law and Zoning code standards 100-263thru 100-265. > 41 ' � - " _ fir )'y �'-•., _ $...d'^fit'. �-0'J:s'1J"-�; .r lSfe�' zY.•.. ..." , 5i .5 ��, .:ia �_... .. `��.:n ,_ .e .. .-m�. �w e,;. .. ,. .� ...r�54:}- .s. .., t„=..n}.1J:^!... r:.Y-fj.'•:^S:i�u.'✓-, ., ,.. ............ low, t1v 4n&131?t NOTICE OF HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, '- Southold, New York, concerning this property. OWNERS) OF RECORD: rd DATE OF PUBLIC HEARING:,- alp erf :, VtI.qq�7rs you have an interest in this project, you are invited t®,wievir the Town files) which are available for', inspection prior to the clay of the","hearingduring normal business`days. between'the hours of 8 a.m. and 4 p.rn 30ARD_OF APPEALS _• TOWN OF SOUTHOLD •• (516) 765-1809 6 vlaIR iQVICe div i n 6.13 R�,g NOTICE OF HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 5309.5 Main Road, Southold, New York, concerning this property. OWNER(S) OF RECORD: Edward + L---# vel V.e) 14alperf DATE OF PUBLIC HEARING: i hUrs.b�� . C� �� _A 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 S a.m. and 4 p m BOARD OF APPEALS •TOWN OF SOUTHOLD (516) 765-1809 RC�SS��Y �fnrJ-�a►��n�Min�� a�A�E Note to Applicant: Please try not to remove sign until day of the hearing. Only seven full days is required for posting, but, it may, of course, remain longer. Thank you. BOARD OF APPEALS:TOWN OF SOUTHOLD -----------------------------------x In the Matter of the Application of -------------/?L �'�t� l ---------x COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING residing at t (AL -ST S-(. New York, being duly sworn, depose and say: That on the day ofs,�W,)� _1996, I personally posted property known as by placing the Town's official poster sign ten (10) feet, or closer, from the front property line where it can easily be seen from the street, and that I have checked to be sure the poster has remained in place for seven full days prior to the date of the public - hearing (date of hearing noted thereon to be held (P 199-7.) Dated: /' 1991. ( signature ) Sworn to before me this LINDA F. KO`JUALSKI day of 199 Notary Public, State of New York ( No. 62-4624771 Qualified in Suffolk County _ Ca=nission Expires Nov. 30,19 otary Public JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: SOUTHOLD TOWN ZONING BOARD OF APPEALS FROM: JUDITH T. TERRY, SOUTHOLD TOWN CLERK RE: ZONING APPEAL NO. 4453 DATE: DECEMBER 18, 1996 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1801 Transmitted is an application for a variance submitted by EDWARD & EVELYN HALPERT together with Zoning Board of Appeals Questionnaire; Short Environmental Assessment Form; Notice of Disapproval from the Building Department; survey; and other relevant documents. Judith T. Terry Southold Town Clerk • RI EIVEDv�.�� ,z DEC 1.8 1996 Town Clerk Southold • TowrT of souTTto► p, ter w YORK — APPEAL FROM DECISION OF. t3UILDIH(3 It•lSPECTOR p DATE ••12•-�5�•:............/ TO TIIE ZONWIG BOARD OF APPEALS, TOWN OF SOUTI-TOLD, 7��.�� t+ IY. 1, (We)�tx��J�t.Ytil`T r�...............of ....2125•DtJ►d .?� `it Cd .7C 3. tJan,e of Appcllc'rrl (( 77 (��•;7 Slrcct and�hunbcr .......... Municipality ..T HEREBY APP EA l_ TO Stale fl IE 10! lItIG BOARD OF APPEALS rROM •FI•IE DECISIOI,I OF . TIME BUILDING INSPECTOR Ot,l APPLICATION FOR PERMIT NO. DATED ......... ................:. • ........................... M-'REl3Y TIIE 1MILDING INSPECTOR IN -HIED "TO Norse of Al.,p tcanl for r permitit ............F'. ur ... Street and Number "' ( ) PERMIT " Municipality tate............................. T'O USE Stole ( ) PERMIT FOR OCCUPANCY I. L.00ATIOf,I Of: THE PROPERTY 1�.. Z� — -1!........�1t . ................. Street /Ilamle t / Use !:/p ..... F --.4d UIsL'rict 1000 Section 6t Block I District on Zoning Mop -----•-.. j .____. Curr'ent Owlter +lap No. -•------------- o t Lot�fZt7 JSVL fJo. Prior YnI �L%'�� --------- -_- P r i o r Owner 2. PROVISIOhI (S) OF THE ZONING ORDIFIANCE APPEALED (Indicate. the Article Section section and Par-o�cT roph of the Zoning Ordinance by number. Do riot quot6 the Ordinance,) St'h llrtir_le 3. TYPE OF APPEAL- Appeal is made )rer.ewith for ( vf/A VARIANCE to the Zoning Ordinance or Zoning Mop ease check appropriate boX) ( ) A VARIANCE due to lack of access (Stole of New York Town Law Chop, 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal .{�')' � of the Building Inspector or with respect to this property been mode with respect to this decision Suclr 'cppeal was ( ) rec uest for o special permit ( request for a variance Olid was mode in Appeal No./Al -pp • ;(te..Dated REASOt,I FOR APPEAL' ----- ( ) A Variance to Section 280A Subsection 3 (V) A Variance to the Zoning Ordinance is ►equesied for Il,e reason Phot . .................. r........................................ I� t�A f5re D rLoe�f- APP TNS ��III,I (Continue ori other side) RE/\Sol,,I FOR APPEAL +1 C0nlinUCd I. STRICT APPLICAnot,j OF THE ORDINANCE WOUld l)r0dUCe practical difficulties or. unneces- sary I IARDSHIP because 2. The hardship created is UNIQUE and is not shored by oil properties alike in the immediate vicinity of this property and in this use district because 0)- 3. The Variance Would observe the spirit of the- Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because ),)T o"Y ►-i D -r 51'A'FE OF NEW YORK Y ss COUNTY OF Sworn to this ........ Z.2��Zl/ . ....................... (Jay of ....................... 0 ary LJ )IiC LINDA .J. COOPER Notary Public, State of Now York No. 4822563, Suffolk County Term Expires December 31, 1 e4l-F ............................................................ .......... t'U b 0 -e /- Si Luz 1 11 " 6;1lq6� - 4- ��Vekq /V/9tP<f"C .......... ........... 19 t 11c1AI�U OI_-_�I'.I'L>>l_5, TUWN_UF S0UF1.1IJ(.D. In the Mattel or the 11,0111011 of I��.11ie Uual�l_u-(.-Al�hcals.ir( 11)cl owii,y( Suutlluld._`_.� -Zz t5,8 -'"c-- 57. 1, ' ;/o�U( , �V. IbO(k-� Y041 AItE IIERF11y (;IVFN 11011(.1=.; (,1.11 1 .1.1-:1.1-1) HA 1 1. flf_T I1f1N 11[=1;1' 111 1 Ilf:(IIII S 1 I -I) NOTICE 'ro pimp1 1t'f'Y 04.11.11?It 1. I hal ' Is I rc mention of Il,c undersigned to pctilion Ill(! Iloa', d of Appeals of the 1 own of Soulhnld to Ieeluesl v:ui,rnce) pecial Exceptioll) (Special Permit) (()LIte.t:Ito.i.t:r ) 2. Thal tlu: property wllicll is the stihlecl of the Vetltiol, is located adlacerrt to your prnl,I.Ily and is des - I- -� ' c r i h e c l as follows: -- ---- Z >'- �� 131J.-..}'�"'"' --- -- -- -- - - - ----...... ...... 3. -I'll;,( the properly wllicll is the suhicct of such Petition is located ill-use following; to„inl; district: D..... ..... -- Ih.,I h� still, I'ellllon. Il,c unclelsiglictl will Iccluest rl,c following relief: __—__—___-.._,..._.._.-----......_ ...__......... - – - -- - — ---- - -- lA�G> '1_n> �- �F_ - p�-CG Sso i _4047 Ce ofo_ .1 ti........ - ' 5. 111.11 the provlslons of rile Sotilhold 'I own zoning Code applicable Io the lellef 501,111,11t by OW uncle,• s 1 g I t e c I ate A r C i.c.I. e __ _---- ----� ps �! -- --- _---------- - G. Iba1------------------- -' a written Pellllon c requesting lire lellef speified above will be filed in Ilre Southold Town Clerl<'s O(file at n't Gln ltoarl clpl)tcld, (`Icsv Yolk and you Inay then and there examinth e e same during regular office hours. (= 16) 7. I11a1 before the rellef sought pray he granlcd, a public bearing most he held on the mallei by the to the dale til such ho.ud of Appeals; that 11 notice of such hearing rrrusl be published al least five days pilot hearhlg in the - - - - - - - - - - - - -•-- Long Island Traveler-Malllirrcl< Watchuran, tlewspapers published e the Town of Southold and designated (or the publication of such notices; that you or your 1epleserrtalive have the rlghl to appear and be heard at such hearing. Dated: Petitioner 0wnet•s' Post Offlce''Address Te I . No . (�((P ) (Pill -`77SL (.Coity of 5keLc1) or plan shu4rind 1)ro1)os11 Lo h1! aLLac 1 fol c;onvc)niettcca p11r1)0Ses.� 9 �rcoor of�hinit i�� car Nc�ricl_ 111"R'nCll CCRTIFIBD UTAIL RGCIEIP'1'S hJAj.(t� ADDRESS t�2oT,ttl 1-(A41w-- 2 z vp4,4r � KWyoR fc ttvY I o'off J?AzA, amt 3Sa Fzt�st( ��, fJ�Wy 2cc-�.'Y foo fs cW M NI.9ti1 P 426 78U,174 P 426 780-175 P 426-78,0 176 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail ' See reverse Sent to' Street &Num er 2✓ D Post Office' State, & IP Code p aefb Postage Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to / O Whom & Date Delivered Return Receipt Showin to Whom, Date, & Ad , J TOT Pol or DatYLU 1996 �_.- p-�--�----�•!•___ �_ , residing lngdtily swc rp, delrn�s s and says rhat�on the day rt(,L..__— 19_, deponent marled a Irate copy of the Notice ser (utlh on rhe re. verse side hereof, directed to each of the above-named persons at the addresses sol opposite Iheir respective n.uncs; that the addresses set opposite the names of swirl persons are the addresses of Bald persons as shown on the r.urrcnte smell rot( of the -Gown of Soulhold; chat said Notices were mailed at Ilia united States Post Of. that said Notices ware mailed to each of said persons by rtiflccl (rcl;is,lcrecl) mail. swilm to bcforr me Ibis .___/7•r___/� ____ 19 I"RotarIii, . L.INQA J. COOPER Notary Public, State of NewYo* No. 4822563, Suffolk County(; Term Expires December 31,19 (this side (toes not. Itavt: t:o I)e completed on form Lr•anSill lf;ted 1.0 ad,jolnind l,rc,perI.y owners. ) 61�.ren�.5 lyO1YN.�oI_sOU r-1 iu_u In (Ile Matter or the I'cthlun of lu,_►Ilc-[lua!-rl-1)_f _Ahhcals yf llic_I owii_i�( Squ�llulcJ_-___-� O; Ac �-P�c�c� t, .45) OY loo ( o cFlll•:r.rll_u rin.11-. Ill_ I UHN nisi: ITA rlr:(�Ilr:s rl0 r1Cr_ .110 PilopI RTY OIn)I?It YOII ARE- IILltl.l)Y G I V F.. hI I•IOI Ic:l-., I. ilia is tile. Intention of the unciclsignecl to pclilioll lire 111),11(1 ill C Appeals Of thelio ),vlt n( S1)u1h111 W Ie({ocsl : (Vali,uicc (Special Exccl)(ion) (Spe(:ial Permit) (OLlter. 1 l 2. Ibat the {)in{>erty nwhich is Ilse subject of the f'elilion is located adjacent to 11){1).11 y },mol1I and is dr.a- ........... - _ _---- a. IIla I Ibe property which is the subject m( such PeIIIIoil Is Ioc.aled in the Coll owin1" ronin{( district: ; • n_ _tea ---------------------__. 1 Ilr.11 b} such P('litinn, tile u e ndelsi);ncd will re(lu.est the foilowlnll Incc • � •Sirliy_ a.1Zj�_-1:4►��d_12WtI�J�.._�i�--._..-....._ _.. ----------..._ .. -...- ..._.-- 5. 111.11 the provisions of the Suuth1)11 I own Zoning Colic irablc lm the relief sought by [lit.unr e.'1 I appl S i i" I) e d a 1 C n t: (:1.(1.1. e. x�. (—y _----_---- __ a wrlticn Petition lcduesting the relief specified above will G. -11ral Ile filed in the Southold I•uwn CIc11c's fJlflcc at N1�t�i11G)oaJ�iS r]ip(191c1, Hew Yo1{c and you ntal� then and l 1r1e examine the same during regular office porus. eld Oil ly tile 7. Ilial tlit hc before lite relief suul(hl t)'at in Ile In►ustebie pelic dat (lleast live plior tolitel(larl teof such Iloatd of Appeals; 111"1 a 11"Ice of such he 1 g I hcalinl; in the --------------- I-onsld'Il-a Stichler-�rtutticcs;lllwlty')utol,�ytour tlepll)csenllatblvr•'ted h Ile tile Town of Southold and designated for the Publication Ily,ht to appear and be heard at Stich hearlol;• Petitioner O 1^I [I e r' S' N 11) e s; Post ()If Ice* Wild, eSs Copy o f ske LC 11 or j) I x)11 shot•) 1 ny 1))'ol)us�tl Lo b(.,l l:ar.11ed fol'cunven fenc:r� pill"l)O5QS j I ��rzoor or �A��_ir�r c�r_nc�rlc.l_ ATTACH CERTIFIED —HAIL RECEIPTS r�.tiral� `- nDDRt_SS ti I A rl_ 1)F (•I1:%V YOItI( ) r:c►IlI.1•t•Y cll: 5111�FOI.I<) 's't residing ai sworn, deposes and says that'on the — _ clay rtf .-_----------- ---' 19 --_---- I deponent mailed a Irtic copy of the Notice sec forIli In the rc- vene side hereof., directed to each of the above-named persons at the addresses set opposite their respective munch;-Ihat the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the -Dawn of Southold; that said Nocices were mailed at the United Stales Post Of- licc it ` _ — —_; Ilial said Plollces were mailed to each of said persons by (certified) (rcgistcred) mail. Sworn to bcfure me this r Notary Public (Ibis side does not have 1.0 he r_onlpleCr,d on form I:ral►sIII it:led t �td,loinin(I 1) v o1)orly oarrters . CF[IIjFIF0 HA11. tic�ni;u"c�r_ni i�.�_ni, ,�rowrl_ur srJu rliut_u.___-- RE -10111,1 n1, --1,,r_ Ilrll0r: F,I cu In lite Taller of the Petition of HOTICf•_ TO 1u rile Uoald of_Al? lie k cif Ilio 7owi,_tif Sau�lluld.____: • I'llot'CAITY QWhlf;lt Jb R. 2�b ` 6 ,,,z R- ,5vLrr Lo. t�. y. Y-5-71 YOU Alt E" IIEItElly GIVI:PI Idc)fIC1 I. ibat it ' the intenliun of lite undclSigned to pclilion lite Iloattl of Appeals of 1111, --lows, of St,t►1ltttld to Icqucsl : vall•utcc) Special t_xccltllun) (Speclal I ernut) (QLher) I t: C' e c I, n c: c .i. I r. 1 t •. 2. Iha1 111t: property which is Ilse Subject of tilt: Pelition is located adjacent to your praprtly anti is dca Ailed as 1011uws: 2� -1,bl��IJ (tQl-`!-----__ - - - - -- ........ .._.-- ._.. �T1-lUD , a ._-- ---- - --- - -- -----_ _ - --- -- --- --- - 1. Ilial the property located I5 Isle subjccl of such Petition is located it, the (olluwhtg "ut,inl; tlitlticl: Ibat b) su(It 11elillon, the untictsil'Iled will request lite followinll relic __--___-----_----.;_._.__.._-•--._......_ �OfJ C�lc'll��c ..... .... ...._......_..... �----•-__=_--------___.- -^ 5. Ih.tt lilt• provisi'oils of lite Soulhold Down Zoning Code applicable to the tcllef sought by Ilte nndrl O ;;c�(; t..i.c�n 241= G - ----- - --- --- g n c d arc I\ t: 1, t.c; IE! 1� --- ------ - -- -` - -- - a written Petition requesting Ilse relief specified above will G. 1Ita1 Clerk's Office al Main Ro 7(15 �]�ppc�ltl., New Yo11( and You nt%t)� tile" and. lbc cr be filed in lite Soulhold l'own examine Ihe- sante dutittl; r�ric�or or r��nil�ir�r c�_r NQTlc l__ A'I"I'ACII CERT]:h_IED HAIL REUIPTS STA I E r)1= fd[1V Y()I21< C01111TY 01= SHI Tt)LK r e s i c I I n g a I.-- --- -- --- ---- -- ------ ------ -... being duly sworlr, deposes arld says thal'on the, dry of _ l deponent mailed a bite: copy of the (lollce se( (ori) on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective rt,tntcs; that the addresses set opposilc the names of said persons arc Ile addresses of said persons :ts shown on ilio r:urrem assessment roll of the Town of Soll1hold; Ilial said Notices were mailed at Ilse hulled Stales Post Of- ficc at _ ; Thal said Notices were mailed to each of sald persons by (c.ertilied) (rel;istcred) mail. Sworn to bcforr. ntc tills dy of --—__.._..----- ---- 19 ----- – --- Notary 1'ublic ('this slcle clues not have Co be completed on Form I.ransmiLLed I.n ad,ioinino 1)ro1)erLy oar11er'5. ) 17 1'3'35 04: 00 . 516 r 6F 9 HHLPERT Edward Halpert 2125 Town Harbor Lane Southold, N.Y. 11971 December 13, 1996 To whom it may concern: This letter authorizes Mr. Robert Brown to represent me and MY wife in any and all zoning Board of Appeals matters. Sin el Edward alp t r 18 � DEC � 996 PAGE 01 The N.Y.S. rnvironme.^_tal Quaiity Review Act _ cuires _ e su�misoaon of ---,sy= and an eaviro•n:._..___ _eyIew will ue^R:ice ..v ants :.oar before anv�actioa is ta:cen. SHORT S`TVTRCNMENT L SS-cSSidE_`:T ?ORS•? ZNST7UC'_'TONS : (a) In order to answer the quest' -ons in this short Z.F it is assumed that the preparer will use currently available information concerning the project and the likely iapac-s of the ac -_on. 7t is nor expected t::at additional studies, research or other investigations will be undertaken. (b) i= anv cuestion has been answered 'res the project may be sic- nifica^.t and camp'e_ad Environmental assessment ?ora is necessar-r. (c) if all cuestions have been answered )Io _c is likely th at the oroject is not signizicant. (d) Environmental Assessment 1. Will project result in a large physical chance to the project site or phvsically'alt-r more / t!lan 1.0 acres of land? Yes :V VO 2. Will there be a major chance to any _,moue or unusual land forma on the site? 'res IATC 3. Will project alter or have a large __'___ on e --Kist- :g bodv of :rater?Yes V ;. ;v411 project :ave a potentially large Lmmact on c_ounawatar quality? Yes ✓ -vo f . Willpm j ec- sign'_=ic .nt'_v _;_ec- _rai.:age f' cw on adjacent sites? _ - _Yes I/No 5. Will _project affect any t.._eatened or endangered plant or ani.tal species? _res �No 7. Will nrolect result in a major adverse effect on air cuality? Yes ✓ Vo 9. Will project have a major effect on visual char- acter of t!7e _. .muni�r or scenic •,iews or 'riszas / k.-acwn to be .portan:t to the commutr? 'es J )io 9. Will project adversely impact any =t_- or - -_ ure of :h1stori pr_ -hist. ic, or paleontoloc4c11 iaoortance or any site designated as a critical _.- envircnmental area by a local .agency? `res --i/ No 10. Will project have a major of=ac- an existing or _....r_ __-__aricnalopport�nit_es? es V/1 project result .:a-.cr cause a major __=__t =0 3Y_St_:CO_Cr=1- ^. / SVS --ams? '?5 V YO 1_2. ;Ji_rojec- = au-'ari• cause C.^.ject_-,..abia Odcr y arse as_ _asui= Of - _ _ __t s _ e____on?` ;ect :ave any paces on pub_ ....._1=.. / mar __es a/ `Ic �=- _ ----= 7aro•.rth---�`Jer...ar.e.._ t_ er__-.t ver _ _ne- 'ea_ ter_ _ .. l2 _ - .. - =_:2 = dS V ; _ c - A. Please 3Se Q? SCS CSe i ..= e ^c.TC?nS O= C owner(s) arQ a+''T i_lQ-77-idua? S ( and. e iL= t -=s ) IZVI C a --=1c''_C rad ? LCr CS � 1 -a the s- r, j ec ti _=r_ e:;2=seS and a Gesar;"L=OA GG t.e=r ,:�Leres -S : shee �,a? e aL -mc�e^ } t-Piv144V 12. !�-L 9 Va'1 / /�GFe/ZI' 3. 7S Zte SUbL eC- _ter=.TI1'�SeS l -S C_ -i GZi tie r e31 eSL L= :ilcr_ie CCr - Sal e' Cr De=�^. SilC'.JI7 �D �rOS�e^_'_Ve �L'VerS� { f Tes C. Are Ltera a"7 _ i�,.CSS j- Z"Ca G7_...r.= { } des { Ya �;T are.=5 ri.tl_''. M CCrL?rr `nye -? — c, _ 2. e .He -=lr- .�r-cs allcTvaa cm L_ -e mam SZ i .^.:Tij. � �� W -- 3. 7Se _ -er-,r c�=.L� -e�--eee ��;e_��s e_ c - -- ate. r- =4 or z:cnd areas, -ave YOU cCIIL_, ter Q._G_ce of �-ia TOW -11 "_'= �'.S L aeS -or its C2'GT_'_':i? c?c�G1 Oi jL1rj.Sc=CL�GR? N�! 1S e. C G : " CSS.G:. Gr S C .:SC e T e'i a%_CII _--- Or :e;.,:J TTe -=eL arCVe me-=-- S2? Arec-ra , G=_ ---7 paL-CS , co cz z—a which e4' sem. =nu are PCL SAC viI CIl =e SUr'Tev man that vo ,rte Silzm � ? /�!i - _ r - Z�a. =C- �- acre e::=SL, �1CaS2 S��tC t :CAe.rt G. DO TCLI :7c'Te aI'•T Ce r7 G- _TCLTr _- :C -?TCL' T,` _-- -- G:Ji_Cr-a`SC -Jii `L e_- 7M"'4 C -C 52 G 4 7ar=e gyp."/ J - _Tec e= :cam e''" - ',J; T'e ^�' '---' aeecs. - -` cr=csec.c 1 5/ Ogw-(J ,�gu APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen James Dinizio, Jr. Robert A. Villa Lydia A. Tortora BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 SEQRA UNLISTED ACTION DECLARATION MARCH 13, 1997 AGENDA ITEM Appeal No: 4453 Project Name: Edward and Evelyn Halpert County Tax Map No. 1000- 66-1-31 Location of Project: 2125 Town Harbor La, Southold, NY Relief Requested/Jurisdiction Before This Board in this Project: Addition (expansion) and modification of existing accessory building with nonconforming kitchen and living area (a/k/a guest unit as per Pre C.O. of B. Dept.)- This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should the project be implemented as planned, and: { ) this Board wishes to assume Lead Agency status and urges coordinated written comments by your agency to be submitted with the next 20 days. {X ) this Board has taken jurisdiction as Lead Agency, has deemed this Board of Appeals application to be an Unlisted SEQRA Action, and has _ declared a Negative Declaration for the following reasons: a. An Environmental Assessment has been submitted and evaluated, and/or III b. An inspection of the property has been made, or c. Sufficient information has been furnished in the record to evaluate any possible adverse affect of this project as filed, and/or d_ This application does not directly relate to new construction or on-site improvements: { ) this Board refers lead agency status to your agency since the Board of Appeals does not feel its scope of jurisdiction is as broad as the Planning Board concerning site changes and elements under the site plan reviews. The area of jurisdiction by the Board of Appeals is not directly related to site improvements or new buildings. (However, if you do not wish to assume lead agency status within 15 days of this letter, we will assume you have wa ved"'same, and we will be required to proceed as Lead Agency.) For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. . ,I APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen James Dinizio, Jr. Robert A. Villa Lydia A. Tortora BOARD OF APPEALS TOWN OF SOUTHOLD S.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 4453 Project/Applicants: County Tax Map No. Location of Project: Edward and Evelyn 1000- 66-1-31 2125 Town Harbor Halpert Southold Town Hall 53095 Main Road P.O, Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Feb. 6, 1997 Agenda Item (not adopted) See 3/13/97 Agenda [lane, Southold, NY Relief Requested/Jurisdiction Before This Board in this Project: Addition and expansion of a nonopnforming building and accessory building with apartment This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law Tod=4 of the Town of Southold. An Environmental Assessment (Shcrtl Farm has been submitted; however, Section 617.13 of 6 NYCRR Part 616, and Section 8-0113 of the Environmental Conservation Law, this variance application falls under the Type Il classification as established by law. Further, this Department may not be an involved agency under SEQRA {Section 617.13(a) as amended February 14, 19901.. Although this action is classified as Type II for this variance application under SEQRA {specifically 617.13, 616.3(j'), and 617.2(jj)), this determination shall have no affect upon any other agency's interest or SEQRA determination as an involved agency. For further- information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. . Original posted on Town Clerk Bulletin Board, Town Hall Copies to applicant or his agent and individual board members. Copy placed in ZBA project file for record purposes. 66-1-31 FINDINGS, DELIBERATIONS AND DETERMINATION ADOPTED AT REGULAR MEETING OF MARCH , 1997 Appl. No. 4453 - EDWARD HALPERT PARCEL ID: 1000-66-1-31 STREET & LOCALITY: 2125 Town Harbor Lane, Southold, NY DATES OF PUBLIC HEARING: February 6, 1997 and March 13, 1997 FINDINGS (PROPERTY FACTS) : DESCRIPTION: This property is located in an R-40 Residential Zone District, being situate at the end of Town Harbor Lane, along the east side. It contains a total lot area of 1.45+- acres and is improved with the following: (a) one-story single-family dwelling with screened -in porch, all stivated at the northerly one-half of the premises; (b) accessory garage building located in the rear yard, (c) accessory beach cabana building, (d) brick barbecue, steps to the beach and bulkhead along the southerly side property line forward of the mean high water mark (all as more particularly shown on map dated 12/16/96 submitted for consideration, and amended and made a part of the file under date of February 24, 1997) . BASIS OF APPEAL: November 18, 1996 Building Inspector's Action of Disapproval, which reads as follows: under Article XXIV, Section 100-241A & C, buildings containing non -conforming uses (preexisting, accessory garage with guest room & bath) cannot be enlarged, altered or enlarged - under Article III, Section 100-30A.2 same as Article III, Section 100-31A(l) - the permitted use cannot exceed one, one -family dwelling on each lot. Proposed construction is a non -conforming building (rear yard set back) containing a non -conforming use. Property construction shows a living area of 1200 more or less square feet conforming in size to a one -family dwelling unit. (Also, see map drawing submitted for consideration February 24, 1997) . Existing living area has received a Pre-C.O. #Z-20606 issued March 23, 1992, which was clarified by Building Inspector Gary Fish by letter stamped March 5, 1997. RELIEF REQUESTED. BY APPLICANT: To increase by sq• ft. over existing living area in accessory building, and rearrange u,44 floor area for a total square footage for living area of sq. ft., within existing footprint of building and continue use as a guest unit with kitchen facility. t For Official Use By Board Members and Staff kll3/97 OP a/-� 5`/9 i -p 97— T ------------- T- 4. At, Fairweather - Brown Architects - Ult-signerm Box 521, 122 Front -Rtreet Greenport, New Yoi'k 11944 (516)477-9752 e 411 - - - - - - - - - - - U11W, Ay, I ■ ■ L0 LAJ PA, W4 LIA m %000 xs c 11; � p,4 r7o. - - - - - - - - - - - U11W, Ay, I ■ ■ L0 LAJ PA, W4 LIA e m %000 r7o. THESE PLANS ARE AN INSTRUMENT OF SERVICE AND ARE THE PROPERTY OF THE ARCHITECT. INFRINGE- MENTS WILL BE PROSECUTED. V11 CV client/owner. I ■ CNI IT) ON project title. ff" 7n drawing title. FEB 2 4 771 c - date. scale. r7i issue• ri drawing no. ref. no. e 0 Z-IVIA14 xwm, AA /gaI -t 11 . Id At ri 0 41 IT IS A VIOLATION OF THE LAW FOR ANY pERSON LINLESS ACTING UNDER THE DIRECTM OFA LICENSED To ALTER ANY 'TF -4 ON TMS DRAWING IN ANYWAY. ANYAUTNORIZED ALTERATIONMUST BE NOTED -SEALED. AND DESCRIBED IN ACCORDANCE WITH THE LAW. DEC , 161996 issues/ revisions. Ln J Rem UJ Lai W LTJ 0 r- 2 V THESE PLANS ARE AN INSTRUMENT OF SERVICE AND ARE THE PROPERTY OF THE ARCHITECT. INFRINGE- MENTS WILL BE PROSECUTED. CAI LJ6 client/owner. I Ln mx�>�av N. y� ir9�i, � �X UJ ca UJ project title. Ale,1111&110- C-&11114 UJ drawing title. date. scale. ca issue. drawing no. ref. no. IJ6 1 C airweathe t roym, Architects • Designers I Architects • Desi grz_-s Box 521,122 Front Street Greenport, Npv-York 1_10)-'.A