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HomeMy WebLinkAbout4406 _ ~/2~ ?3 --E i f _%I~a9--rJ 4 rii r''~ Gif~° j~~/~.~_~~1-2,0 APPEALS BOARD MEMBERS ~o 4%13FF0jjtearn Southold Town Hall Gerard P. Goehringer, Chairman y~ 53095 Main Road Serge Doyen N x P.O. Box 1179 James Dinizio, Jr. p Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Ol Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Appeal #4406 AC'T'ION OF THE BOARD OF APPEALS September 19, 1996 APPLICANT: BARBARA ADAMS SUBJECT PROPERTY: T'Y: 8100 Indian Neck Lane, Peconic. 1000-86-7-9. BASIS OF APPEAL: Notice of Disapproval issued by the Building Inspeclor dated July 18, 1996: "...Accessory buildings and uses shall be. located in the required rear yard; Article 111, Section 100-33...." R.ELIFF UEQUESTED: To locate an existing "as built" accessory shed of a size approximately 10 ft. by 14 ft. in a side area (instead of the required rear yard or required front yard on this waterfront parcel.) The setbacks as exist are approximately 24 feet from the northerly property line and approximately 30 feet from the closest front property line (along Indian Neck Road). MO'T'ION MADE BY: James Dinizio, Jr. SECONDED BY: Serge Doyen. AC'T'ION/RESOLUTION ADOPTED: Granted "as built", with electric utilities. (Not(,: Applicant will be returning for final reviews and obtain other required approvals (i.e. Building Permit and Certificate of Occupancy) from the Building Tnspector's Office..) REASONS/ FINDINGS: This is an area variance request based upon the dimen- sional configuration of the property. The Board finds that location of this shed is not unreasonable for the following reasons: a) the front yard area is limited in size and although the code may provide for location of a shed in a front yard area for waterfront parcels, it must also meet a principal setback; b) when looting the shed at a required front yard principal setback, the shed is placed on this site in the "side yard", necessitating this application; c) there will not be an undesirable change produced in the character of the neighborhood or detriment to nearby properties - there is suitable screening, the building is not substantial in size, and its purpose is to store items in an enclosed building area, which in itself is desirable and necessary as an accessory to the applicant's residence on this site; d) to locale the shed in any other area would not be more beneficial; e) although the difficulty was self-created, it does not preclude the granting of the area variance; f) this is the minimum variance necessary under the circumstances, and the health, safety and welfare of the community will not be adversely affected by its location near the required distance for if allowed in the established front setback; g) due to the angle of the sight lines & the easterly line, the yard areas are shifted from what may be rear yard for other parcels similar in size and shape throughout the town. VOTE OF THE BOARD: Ayes: Members Serge J. Doyen, James Dinizio, Jr., Robert A. Villa, Lydia A. Tortora, Gerar Goehrin a This resolution was unanimously adopted 5-0. Approved for Filing 9/%4/96 Gerard P. Goehringer, Chairma RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE Town Clerk, Town of Southold i i APPEALS BOARD MEMBERS e~ Southoid Town Heil 53095 amain Road Gerard P. Goehringer, Chairman t Serge Doyen - P.O. Box 1179 James Din zio, Jr.ht Southold, New York 11971 Robert Villa Fax (516) 765-1823 Lydia A. Tortora e?ephane (516} 765-1805 BOARDI Of, AFP A'Y S TOWN OF Sf3J O, D September 25, 1996 Ms. Barbara Adams P.O Box 211 81-00 Indian Neck :acne Peconic, NY 11958 Re: Appl_ #4406 - Variance for Shed Location 'As ExistsiB Dear Ms. Adams: Please find attached a copy of the Board's findings and determination regarding your variance application. We have furnished a copy of this determination to the Building Department as an update to the initial Notice of Disapproval. You will be required to contact their office (765-1802) and submit whatever other documents and fee is required to reactivate the permit request and certificate of occupancy application for final processing- Please note that under the Suffolk County Adn"dristrative Code, the County Planning Department reviews projects which are located within 500 feet of a waterway, estuary, or state/county owned lased or highways. ?t is expected tha8 the County will request a $50.00 fee for its review or reeo=, endation. No farther steps are required on your pant in the County review. The County is expected to leave this project for local determiuationn. Very truly yours, Linda Kowalski Enclosure ' a% ?z iss:&k. rd'f Las :.J~F,...e' ? 5i Copy of Decision to: m S r~9_ Building Department O-vIT CarPK Suffoik County Department of Planning ~ t.zeS'7Zi TviN?m r r ~_r APPEALS BO~Rb MEMBERS ~~~FFti~y~ ~ 5~; Southold Town Hall Gerard P. Goehringer, Chairman z 53095 Main Road Serge Doyen P.O. Box 1179 d Southold, New York 11971 James Dhiizio, Jr. Robert A. Villa A~ ® Fax (516) 765-1823 Lydia A. TortoraTelephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF HEARINGS NOTICE TS HEREBY GIVEN, pursuant to Section 267 of the Town Law and tine Code of the Town of Southold, the following applications will be held for public hearings before the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hail, 53095 Main Road, Southold, New York 11971, on WEDNESDAY, AUGUST 21, 1996, commencing at the times specified below: 7:25 p.m. (Carryover hearing, continued from 6/26/96 and 7,24) Appl. No. 4389 - TIMOTHY GRAY and J1MBO REALTY. 7:30 p.m. Appl. No. 4409 - VINCENT AND LINDA BASILICE. Request for a Variance under Article XXIII, Section 100-239.4B based upon the Building Inspector's July 23, 1996 Notice of Disapproval concerning an application for a building permit to construct addition to existing dwelling, four feet of which will be located in the rear yard, within 75 feet of bulkhead. Location of Property: Peconic Bay Estates, 3255 Bayshore Road, Greenport, NY; County Parcel iD #1000-53-6-8. This parcel consists of 11,625+- sr. 7:32 p.m. ) Appl. No. 4,106 - BARBARA ADAMS. Request for Variance based upon the June 18, 1996 Building Inspector's Notice of Disapproval under Article !II, Section 100-33 issued on the following grounds: A building permit application has been filed requesting the location of an accessory building in an area other than the rear yard at 8100 Indian Neck lane, Peconic, NY; County Tax Map Parcel 4i000-86-07-9. Page 2-- Legal Notice Regular Meeting of August 21, 1996 Southold Town Board of Appeals 7:35 p.m. Appl. No. 4403 - PATRICIA AND THOMAS MONAHAN Owners_ Request for a Special Exception to establish Accessory Bed and Breakfast Use with owner-occupancy and residency, as regulated under Article IIIA, Section 100-30A.2-B (ref. 100-31B(14a-d, and 100-31B, limited to the renting of not more than three -rooms for lodging and serving of breakfast to not more than six casual and transient roomers, provided that the renting of such rooms is clearly incidental and subordinate to the principal use of the dwelling. Location of Property: 26350 Main Road, Southold, NY; County Parcel ID #1000-109-4-5. 7:37 p.m. Appl. No. 4404 - RICHARD NEMSCHICK and SUZANNE AUER. Request for Variance based upon the Building Inspector's July 16, 1996 Notice of Disapproval wherein applicants have applied for a building permit to construct new dwelling with a setback at less than the required 60 ft. in this R-80 Zone District. Subject property is known as 1035 Sebastian's Cove Road, Mattituck, a/k/a Lot 49 on the Sebastian Cove, Section II Subdivision Map; County Tax Map Parcel ID #1000-100-3-11.14. 7:40 p_m. Appi. No_ 4405 - GEORGE and CAROLE BAMBRICK. Request for Variance under Section 100-30A.3, Bulk and Lot Size Schedule, based upon the Building Inspectors July 17, 1996 Notice of Disapproval for a proposed reduction in lot size of Parcel ID #1000-59-5-8 and -proposed increase in lot size of Parcel known as 85 Lake Court, Southold, Parcel ID ;1000-59-5-7. Both lots are presently nonconforming in lot size in this R-40 Residential Zone. 7:15 p.m. Appl. No. 4407 - HUGH and ROSEMARY MURPHY. Request is made for a Variance under Article XXIV, Section 100-244 (original application), based upon ZBA Appeal 44370 rendered 4/3/96 which was _ Page 3 Legal Notice Regular Meeting of August 21, 1996 Southold Town Board of Appeals limited to approval for a porch addition to an existing dwelling. This application is a request filed with the Building Inspector on 7/18/96 to reconstruct dwelling and add proposed porch addition. The second application may contain new circumstances which were not concluded at the hearing for the first application regarding the condition of the existing dwelling. The existing dwelling is to be rebuilt maintaining the same nonconforming front, side and rear yard setbacks. Location of Property: 3105 Oaklawn Avenue, Southold, NY; County Parcel ID #1000-70-6-8. 7:47 p.m. Appl. No. 4402 - BARBARA P. KELLY. Request is made for a Waiver under Section 100-26, based upon the Building Inspector's July 8, 1996 Notice of Disapproval which action indicates that according to Article 11, Section 100-25A, that Lot 71000-104-2-28 and Lot ,#1000-104-4-29, have been held in common ownership since July 1, 1983, and were created between April 9, 1957 and December 1, 1971. Street Address: Bay Avenue (Skunk Lane), Cutchogue, NY. 7:50 p.m. Appl. No. 4408 - JOSEPH and AMY-SUE MALAVE. Request is made for a Variance under Article XXIV, Section 100-244B, based upon the Building Inspector's July 29, 1996 Notice of Disapproval for approval of a portion (corner) of new dwelling, under construction as exists, with a reduced front yard of one foot (or slightly less). This 40,852 sf parcel is located in the R-80 Zone District at 245 White Eagle Drive, Laurel, NY; a/k/a Golden View Estates (1984) Filed Map, Lot 427. 8:00 p.m. Appi. No. 4397 - ALLEN W. OVSIANIK. Request is made for an Interpretation of the January 10, 1989 Zoning Map, Article IT, Section 100-21, and Article III, Section 100-31A to confirm location of zoning district line of the "B" Business Zone District (ref. Article -T, Section Page 4'- Legal Notice Regular Meeting of August 21, 1996 Southold Town Board of Appeals 100-21). Property Location: 225 Eugene's Road, Cutchogue, NY; County Tax Map ID $1000-97-2-16.5 and 15. Present Zoning: General Business for the northerly portion, and R-80 Residential for applicant's property to the south. 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 may be in addition to other carryover hearings. It is recommended that the file(s) be reviewed before the scheduled date of the hearing for updates or new information. If you have questions; please do not hesitate to call 765-1809. Dated: August 2, 1996. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, Chairman By Linda Kowalski x FORM NO.3 i TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date _ To . PLEASE TAKE NOTICE that your application dated 19~? . for permit to at Location of Property C.....'.. . " 6, C~i. . . House No. Street Hamlett County Tax Map No. 1000 Section O.A Block Lot _ . , Subdivision Filed Map No. .,~LAo~t No. . is ret ned herewith and disapproved on the following grounds...4~`L /,env. - 3 3... . .~........f. . Building Inspec r RV 1/80 w Ua--.......te `.RD OF IIRATAH FOAM NO. I A. AI'S OF PLANS TOWN OF SOU FHOLN SURVEY r ' - u. - BUILDING DEPARTMENT CHECK y BLDG.DEPL 'T'OWN HALT. SEPTIC FORM . . . . . tl TOWNOFSOUTHDLD sOIITUOLO, N.Y. 11911 TEL: 765-1002 NOTIFY: CALL P.x:aniekxl 19.... MAI1. i'O•.... Approved.. 19.:.. Permit No. Disapproved a/c (Ikrilding InS]e(:I n APPLICATION FOR BUILDING, PKR111'i' q Date. 19. INSTRUCTIONS ' a. Thin application nest lie coipletely filled in by I:ypi-ricer or in W and sulmnit'ted to the Building inspector with I nets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing localico of lot and of buildings con premises, relationship to adjoining prenises or public streets or areas, and giving a detailed description of layout: of property nust be dracm on the diagran which is port: of ibis application. c. '!he work covered by this applicaL to n nny nut be caurencecl Before issuance of Building Permit. d. Upon approval of this aprpilication, the Building Inspector will issue a Building Permit to the ap;j5jicant. Such permit shall lie kept on Ile premises available for inspection throughout the rmtk. e. Doi building shall lie occupied or used in whole or in part for any purpose winAever until a Certificate of Occupancy sha!I luwe been granted by lire Building Inspector. AFPLICAFION IS 101-RKBY MAtE3 to the Building Deparlment For the issuance of a Building Permit poisunriC to the Building 7oue Ordinance of lie 't`am of Southold, Suffolk GAinty, New York, and other applicable laws, Ordinances or Regulations, for the construction of buildings, aokliticns or alterations, or for removal or demolition, as herein described. 'Ile applicant agrees to cculdy with all. applicable laws, ordinances, IAIfliding cape, housing code, and regulations, and to exinit authorized inspectors on premises and in building for necessary h.)ection. ~ . (Siguatture of appl icanC,_oIr "are, If 9 coorphratiou) / 0-0 to (flailing rxklress of applicant) Slate whether appl. icaut i/sw"er, lessee, agent., architect, engineer, general contractor, electrician, ptuiier or Irui (der. W."v'E!? .............y.7..~..-.......... ............~..A..{.-............... Nana of oarler of premise, ~JS-K.lJ._... (as on the tax roll or latest deed) If mITlicant is a coquratlon, signature of duly auWorized officer. (Nara and title of colpolate officer) Builders License fin . Plr"hers License No . Electricians license No . Other Trade's License No . 1- location of land on which proposed sink will be doie . .C Ikknsc llcmlier gJ 13) 0 Street tt 10j(JI'~ Hopldet y CO's tinnily Tax Map M). 1000 section ....~lr.tR......... Bla'k lot ......5......... Sirbxlivisiar Filed Map Ho. 1riC (Mae) 2. Slate existing use mil occupamy of proide"2s and intended use and occupancy of proposed construct ion: a. Existing use, and occupancy h. Inl enxkxl use aril crccrrparx-y ...~/f.~~lit:~~..~4~`./~.~(,x~~,:~q-IF<~^..~„'. ,-~'~~~21;:T?I!(~~.... I l'.aaau of wollk (chock e'4101 al,yol'lcabic): Ik i lkailding WILK Mutation 141mir HoumaaI Ihsomd id. too War Unalc (lkscrr.p don) It. Ei:A =usol ecB E'snsl~ A. .~..1.~... Pee (Ian be !mid (At NIlog rhea application) 'i. 11: dool1 iog, ¢ ufar of aAml I Q u"ll s daei@ner of cAnal l iug unlro on each floor if g;arng;e, l"dmr of coca 4 G. if n osl.ness, cametcdad or mixed occut aoxy, sgxec.ify nature sold oxtem of eacda Pyre of use 1. O)iunensiaara of exisl'.iog; al:aocUnL-s, I!: ;aq: trout Hear p)epnl9n Ikeij;n ddcodnrr of S1 (n ion ?[nxeosicxen of same anucIose wild( alle:aL'I<xes or a ddil:loos: Trout Hi or Alale iia-^.l~ee : War of Sinn ion H. F)iaxaesdawns of Mahe awn; conalrurl. it." MooE Real ?Iap t WON . hA mlxlr of Svorien T SOO of tot.; Mal .........c............ Resr i)epnlla HI. Ikae of IA"(has* 07 -1./. -0... Won of Fonnor Owner Sky9.` N.. viist;1411 Vvll;t ;y!2~ 7 "06"'j 1,10 i 11. 7one no one (lint:aInv in iAUich paanines one shuar.eci I1. Ikas drtot,oluhl axosdrnx:fiexe Anfu'e any z<xniog; lotto, ordinance or regoiar:ion; 11. Will dot he reRrmled Will excess Pild be reaxrvecd Cron Iwamses: YES K) In. thanes of (Asmr of pronises AcAlress Aw. ih. Ira ,le of Architect W1 ems Hymn 10 . . linec of Oml.racdaer lvdcicess Itooe kn. d5. Is ihis inogxarty widlio 3(X) feet of n cloud ixtOnaxi'1 * YES R) OF YES, R'AiilYY, t)'l4AZI'd Y17d ITUf 11M IT MY fIR HEQMRIM. S'd.ll'i' il.tli RAH locale clearly nazi distiax_l~ly al4 Ntiiddngs, whither existing or pnroimsed, nnai indicate u4l set-5acdc. (iheen;tinos hum gnropxarty lines. (dive West and hlrxf axmda r or description accozrding, txa deed a(xl nBanr efreef noes nixl indicate (Amtlw.r ireeo for or corner lot. 4 p~k tit'n'lda, lNa cotta Y4x+x, SS lkallilY W ....'2.°. 1k~~ 6o o~ rel, 0 ` lxeiug, ago By wan, dejmnca end says UWL Im in lie Hlyi1e?ltl (tiacn: <)I iaxddvidoal nigalag coodraet) ;eixrve ua ein!~6, 24hn is lbe .....................1%Sr`.1.tP!1~..................... (9;emfrnclor, ngeot, co:lmaale officer, etc.) of :acid <mmr or manors, axt in duly awahorlzed to tnrloom or leave pxarfuanaad the noid wwrk mA to (coke aoxd Pile AN nppl lcaLloo; AM nil SLEWIRVean coaCah"l in Idndn oppl fast. ion are teoe Lo rile bell: of hit] doxxmdecdge aexi rxadief( an-I Iluot. Use work will la pxaafoone<d iae die neanne, act fork in IN npnplicat.ion riled Ownewilh. ` r)woxu to dx!inne lue Ibis i' ......dny of d9 .Y'.... 6 Ckv cc, - thanry AMC , 3 L~6V~{l to Q, i~~~iG~6rz® 2 RECMD 7_y 76 /0.'-30 , " 1c3G JUL 2 1996 Tam Ie s t tbWNfp'4,,SOl1THOLD, NEW YORK C.a t q sgPP•,E°L FROM •DECISIONb~F ~p7FEDIRUG It152EGTO~I s4~ "{ARV~E/1 MC- Y 4,,r,,.;~, . r DATE .....Z_ T.••SGZTO THE ZONING 13.OARD OF APPEALS TOWN OF SOUTHOLD ~ Y J..£'0' l Q 1'f ~1 ~!l C/E ' 4rC{ B :D. + ff~ i j^G4< CIA X61 S of 1 1 (We) 7..J a n•, 'j, *me of ApP6Iagty., - M s,4 < - Sreet and Numoer.., e S c * bPvOZL fr`o°° HEREBY APPEAL,T. O ~3 .....~&2 ~1 sa `r° f.:b SMAS at~tL(~:-s ° ,../1. , S#ate .g,. e-^°e e r c"S ~QR ON 9 THE ZONitC3 B~AR~ c F APPC'ALS RQl ~T(IEabllSlOtyl of .7 ?BtltLDlN;li( St, + a <e APPI(-FOR`?tl?NOge.F.. q fffi:sr» DATED ys 9 ewe .p . lei s .,WiiTREBY4kiE OR. DEN-WD toll_ 4, tlK ! S "~t Y?e~ ! a q c Y Name of Applicant far perms + ~g sri~ ra t,® k - " 4a Qg Qth' g . V.. L a Street dndrNurter 9ViWmcpol a'ia ` w*t 4taie a'~. ,e 14 ~IT'709jst' obv RI.R'P . + w e°-d4 ~+a. ( l';PERMIT "FOR*OCC[}WAt is .~,su_s,. _ : . a< was°~, ~ r . ( D ° L~k . a arv w a LQCs 1Q~l QFTlIEifLQP Imo"- G~' 4.&A(~z' ! 19~-a.7 s street. 6Hamlet y t < a %,w, da ra.t m s s'~ •s e~7 _ v -f •ll$e_y ,"[3~'stny on Zonirjg.. Map s "`as7 .u ! . Dastr ct 10.4 Section +Block Lod cu&ent~ Dwmer Y°ea LuVT~ Map' Nq a Y o a kRf No t '"Pt' F o r :4.1&°$'.. . ~ ~ _4 l . o-. .:>Y't ."T e'. aa~o r-.' n F" r' ~2..-PRQ ~SION (S)"Ol' THE'ZO'ING ORD)1JAt~1tfFAPfFA E©:(Indicaf 't44e Article Sect iofi;aGSp g';;. Pb A a x ay;, .sept onbncl j~( r'39rapk of the onirr Ordiq ce96y nudnbgrXDo not quotb`.ttte 0149 mnce.P- 'Article it Section t^c3,5 ®s. 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ( ~A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chop. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit - j ) request for a variance and was made in Appeal No .................................Dated .............................T REASON FOR APPEAL )WA Variance to Section 280A Subsection 3 ( A Variance to the Zoning Ordinance jj is requested for the reason thot -T-6.v ~1Aq Z'S C?_0L4VQjj lQ j CL(~ ~ a `CSC C 0t CA_j L L4, ~g was Of Cs UL Sss~SV~ ~U~ P 14.4 4b1JQDQ ®q•4 L~t Form zBt (Continue on other side) S , REASON FOR APPEAL Contnued 2:7° pQO Mk arm -f ee N erg' e r~ 9. STRICT APPLkCAT10N OF TFE sary !-iARDSI-t9P because ORpINI ANCE wa eoou A prat aca<t difficulties or unneces- Fzf'l'em LIZ 4 B w fit ^ q Y p il~v~~*' ~i ~iAS® i?v f~' 9^c~,d'~. G' P ~ 'd ^~o,~i~',~ f~,'uJ,~~."o a ~a~~~,~~~=•~r, d''~ T 4 t act N~z U ~s ~ qq ° ~°5 g w tiq i n yd C v d'~ ~~~Sj~ ~l a~~®.S^•"~nj m 9d~y.Qs. ~ ~~ti ~'P~ ~~~w p'f~n~"y o,. 11 o 2. The hardship created ss i96V?QUE and is not shored by ol, proPerfles alike e e (Pte a me a ¢ag~ ~~9 vicinity of 'his property and in this use t$astnc8 bzcouse q 0- O ?.~~-sue 1s0..ay?t tZ Ofl i'a U 4T t ~ ~ f~" F?~ 3~' k e u 6`~e ~ ~l ~ i 0 s6 d FiL ~ ~c Q.ti I The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE T CHARACTER OF THE DISTRiC3' because Q. 7'C- STATE OF NEW YORK ) COUNTY OF ~?~7 "~~r~)c .SS i.s//t. ,a Signature Sevar S l A..,.. a' @9, =e a ` u-. g...... . . ~11.'~~r-r!• (.l .:S .l , ~ " ~ A/t?if 5 r ' C. a Notary Public MELEME 0. ROME Notary 1Putlic, Slate a mewvwk Na. 4951364 Qua4rfied in, Sulfa i caunl C6Yi7€'i"ssgiesra fires may 22, W I ~ -o ~ f I~-_I -i _i ~ ~ m ~y/r~,i TI ~~P ° 'o oo- u"- 05- cor 70 m m m n Z D ZIP ~I ~m F m Gl ! !S m a , I D O i a Ifl jL ~ ~`a L 3 I C 00 I !o 's ,a, v i o I z I z co I ~ ~ k -TZ!, ^ tia 7C _ j iuI tv Ill m rn 71 p p -0 IQ 1 I~ ~ t m ;o -i A /71 D I ! ~ ~ I I I ~~y ! ! I I~ I ~I f4 V I i ~ W i I 1 h i d ~ I 0 oti , p m m rr: o x x x w . W n m W - - 0 0- N r 7 I i- I a r t i I Ar- r ~Z a' W ~ A ` I IN I I i I hz. R s I ca -n o , ' m 3 I ~ o o li I c F ! I .J ~ I I I On ~ ,ems C~ I @ I ~sy ~ I I I qq Y rri { i 7c > I - _ - - °o °o o i m °o o It IL n ~ 3 o I ie-° I I I c I IQI 3 d - S i' I I O O S 71 r J L I~ I i t I I I I ~ B I j I I I I r I I I I I I I ~ I I I ~ I I it I I I I I I E i I II ! II ~ u I I ~ II ' j ~ II j I , ~ I I L - o m a u g e z g a g . m~m~m 2 ~ r ~ 2 m a f ~ 0 d. r /NO/.9 . X, 4' to - ? ri APPEALS BOARD MEMBERS ~Og11FF0~,~-c Southold Town Hall Gerard P. Goehringer, Chairman yt 53095 Main Road Serge Doyen C* Z P.O. Box 1179 James Dinizio, Jr. p • Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD March 4, 1996 Ms. Jody Adams P.O. Box 33 Peconic, NY 11958 Dear Ms. Adams: This is in response to your letters regarding property of Barbara Adams and a ZBA decision which was rendered Septem- ber 19, 1996. Pursuant to Town Law, Section 267-a only a member of the ZBA can request a rehearing. Since your letters were distributed to the Board Members, and no member of the ZBA will support a rehearing, a rehearing may not be held by law. Very truly yours, Gerard P. Goehringer Chairman, ZBA h~o~Og~FFO(,~~oGy JEAN perrvCOCHRAN i Supervisor LAURY L. DOWD C* OWN ATTORNEY co = Town Hall, 53095 Main Road n~ P.O. Box 1179 O `F Southold, New York 11971 Telephone (516) 765-1889 Fax(516)765-1823 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD MEMORANDUM TO: Gerard Goehringer, Chair, Zoning Board of Appeals FROM: Laury L. Dowd, Town Attorney 61 `-DATE: February 11, 1997 FEB 2 8 i9w I" RE: Adams Request for Rehearing so- You have asked me to draft a response to a request by Jody Adams for a rehearing of a decision made by the ZBA as to Barbara Adams' property on August 21, 1996. Jody Adams is not the owner of the property or an adjacent property owner and had an opportunity to participate in the 8/96 hearing. I can discern no clear basis for her request for a rehearing. Pursuant to Town Law §267-a only a member of the ZBA can request a rehearing. The procedure set by law is as follows: Rehearing. A motion for the zoning board of appeals to hold a rehearing to review any order, decision or determination of the board not previously reviewed may be made by any member of the board. A unanimous vote of all members of the board then present is required for such rehearing to occur. Such rehearing is subject to the same notice provisions as an original hearing. Upon such rehearing the board may reverse, modify or annul its original order, decision or determination upon the unanimous vote of all members then present, provided the board finds that the rights vested in persons acting in good faith in reliance upon the reviewed order, decision or determination will not be prejudiced thereby. The request for rehearing by Ms. Adams must receive support from a member of the ZBA and the approval of all ZBA members. I suggest you advise her of this. APPEALS BOARD MEMBERS O~~SUffO[,~-COG Southold Town Hall o .4 53095 Main Road Gerard P. Goehringer. Chairman *-A Serge Doyen W Z P.O. Box 1179 James Dinizio, Jr. Southold, New York 11971 Robert A. Villa y?,? O~ Fax (516) 765-1823 Lydia A.Tortora O! ~a Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD MEMO TO: Laury Dowd FROM: Jerry Goehringer, ZBA Chairman DATE: February 11, 1997 RE: Jody Adams Requests (Letter dated January 10, 1997) The ZBA has received two requests from Jody Adams, one of which is a request for a rehearing regarding Barbara Adams, her sister). This decision was rendered and filed with the Town Clerk's Office more than 30 days ago. Since this relates to area of law, I am asking for your assistance to respond for the ZBA to Ms. Adams. (J. Adams apparently is not an aggrieved party with standing, except that she may have a former or current interest through an estate or another proceeding.) A copy of Ms. Adams' letter is attached, and your assistance is very much appreciated. Thank you. FM 111'`/L,3~Sajjl_ ebruary 11, 1997 Zoning 3oard of paals-- - - 11 CC: own Attorne-1- In re agenda item / 2/0/97 whica I Was told was referred to the town attorney for response: "III. ?equest/letter from Body ;dams for rehearine Re: ?arbara Adams and Re: Edward '_onyes. (Carryover from 1/10/97 agenda items). 3oard to respond to '+:s. Adams' letter." I requested a rehearing regarding 3arbara Adams N07 the To rye s . I am assuming this is your error. Body Adams i Pos 33 Peconic W 11958 723-9932 P3: "lost Zoning 3oard of Appeals lave their own attorney who is independent of the Town attorney. Jhether this is a mandate or a recognition of reality, I an not sure. I believe that as your 3oard is largely supposed to be independent of the Town government, your decisions and legal positions perhaps also are intended to be free of _own bias ...which you will receive from Laurie Jowd. I none you will seriously consider this and perhaps respond to this idea also. _7ody Adams RECEIVED JAN 1 n 1997 JANUARY 10, 1997 Southold Tnw Cif.A to members ZBA,.members Town Board in re meeting on functioning of Board to be held today especially matters re Tonyes, Barbara Adams i4 also-in re Building Department,' office of town attorney, town investigator possible changes and interaction and effect sbecific and general I AIM STATING MY BELIEF THAT TC ZBA IN ITS ENTIRETY BEH9"VED INCORRECTLY LAI RELATION TO BARBARA ADAan and I am asking for a rehearing. tPO dvAdams B 33 Peconic, Wf - 11958 note: not mentioned even implicitly is the need for public discussion on rental housing, mediation services between landlord/ tenants and what role the Town might play cover page, four pages plus any exhibits - possibly separate) e FRIDAY, JAiF'JAHY 10, 1997 SOUTHOID TO1PI BOARD/ Zoning Board of Appeals meeting in relation to functioning of Board, ethics and other matters I applaud the theoretic background and reasons for this meeting. I have had a very long term involvement with the government of Southold Town- `and occasional contact with the ZBA't`' In'ihs last - two years I have filed two formal complaints with the ZBA, and been involved with the processes they set into motion personally.am,very ,critical of the current.Chair butculb r. also of, the Board which does-,not stand up_to.him or at all in most instances. Going along may be the easiest form of service but it is not effective nor admirable. Board actions in both cases left many questions. Since the processes can take a very long period of time and, to the obervor involve from the time the Town Board creates a new law or variation of the law until a person or corporation comes into conformity (involving perhaps the Building Department, Planning, the--Town Investigator and/or Town Attorney and even district attorney).... many things - effect all parties including the complainant or observer. My-first involvement was a property belonging to Tonyes next--to ':layside-.Y.arket near Supervisor Cochran's home. I lived at that unit and found the owner's engaging in a variety of actions Which made me as a tenant uncomfortable. Switching from 'going along' to full Pledged:attack I utilized the police to see if someone using the garage for repairing and storing autos was there legally (his ` actions iniefered witn my living and possibly health) and, whJn inquiring at Building about whetherpermits had been obtained for work 'had to' file a written question before information would be provided, finding out there were no permits and eventually the Building Department investigated and the Tonyes applied for a variety of different variations of exemptions. Cne of their requests was granted. They did not conform for a long period of time causing a Justice Court action. A variety of questions were raised and observations made by me in regard to the totality of processes (ong;oirg because even if they conform today what about tomorrow?) The other involved my sister and 'our' house„at 8100-Indian , Neck lane. Apparentl u y quto recently sheds ..aa outbuild* sswere ii J v 2. brought under Town oversight (Location, and so on). I have and will continue to file a series of eueriws regarding the use of the property during the time I am banished from it. The action before the ZBA was in relation to the placement of a shed which the Building Department cited her for and which went before the ZBA. It is "my belief"that the.conduct of all members of-the ZBA in this regard -was wrong and unlawful.-!. I believe ;I still, have time to file an'Article'-78•and-,may and should.; f- In.this instance respondent or accused= Barbara A3ams,` failed to file any of the materials both the Board and public required to see if the law was being violated and how best to correct any violation. This failure seems largely built into the process. If something obviously does not conform the 3uilding"Department fails to'obtain maps and locations and passes the case to the ZBA. In this instance and probably others the ZBA (in the person, in.part, of Linda) failed to see that the needed material was filed. - The 'first part' of a hearing was held with both my sister aid myself test ifying. Mx. veorenger (sp)-then ordered the meeting held over to the following meeting for the needed-materials to be submitted. (This with the 'nodding approval' of the Board generally). Unfottunately while the Chair was making this pronouncement (will at*ach transcript and hope it reflects- or give separately) I made. a face or_faces.at respondent.- For some reason .this created a mood change in the Chair -.(sexual. ? Personal? what kind of reaction and what it means would."be interesting to go into):and:instead he_said that he wouldtclose the hearing that day,.. that he, personally would go to the property AND TELL TIE RESPOIMENT Mr-, RULES AND MEASURE ThT PROPERTY and make the decision for the Board. The 3oard all of whom .looked somewhat horrified did not comment openly and voted to go along with the Chair - something,1 don't understand. 1:4 IT., OPINION this indicates a varietyof-things too great an emotive response of undetermined nature from, the Chair, too much 'go along' of the.Board, a lack of understanding of-the ideas and rules and reasons behind the need for information for both the Board and the-public to participate usefully and fairly lacking needed information the public hearing was a farce.. -I noted also that-no note was, taken. at thet~hea ""'that the law was recently put into effect,and.,that,taherefor,e 'tsialation was fairly reasonable. Further, -I do;;bel.ieverthe-ae t cs o the w : :i 17 3. location are injured by the present location of the shed as well as the possibility of its location being too near a well point. I believe the 'defendant' should have been required to submit the required information prior'to either-the original-hearing or before the second part-of -the hearing and that if the Chair of-the "ommittee chose to-`solelyyre -look at -the -property.that his finidng should have been submitted publicly at-the next_:partof_the hearing and been _pub ject;to public comment _.z--- -To. the Tbest.,of ^my,,knowledge I did not make' any sound, simply-a face- Perhaps the :absolute_control of emotive responses is ~ something Z.will learn,or I will undertake the 'confort of costumes and_immobility (a.mental disorder,.often). All people, at times, respond strongly for various reasons and too immediately take a course of action that otherwise would not have been taken. When the Chair of a largely unoverseen committee of considerable authority does it seemingly.with.some,frequency perhaps change is needed. Again I note.I„feel the, Board including Mr. diNizio shoilld have spoken out at the time. ._Mr.-de Villa looked disturbed but 'went along'. There"is also an interaction between the variety of things the'Bcard is'presently'considering- openly (personnel as well as Committee changes 'the'ZBA,- personnel changes' effecting the Building Department; changes regarding the town attorney and ' perhaps, her'+ inv'estigato'r.' All-of `these impact on the'ZBA and itsprocedures and I would b riefly'comment - The 7raveller-(t believe) in commenting on the 'town attorney position said that 'law supposedly is objective or impartial' - they used a better word.'`Hi:storically, regrettably, the Town Attorney is defensive of the Town (slanted from objectivity to client orientation. It is my feeling that the Building Department urgently needs organization, ethical improvement'. -Legal oversight and repair. Probably to a degree-Linda would be very-helpful.'--'She-has adopted and defends the loose conduct of her Z9Agand might behave2s milarly towards the 3u1Idiri9 -Department:" k __:It is!`myrifeelnagpthat Iauri z f. 4. informed considering the period of time she has been employed by the Town with the workings of the various departments. I feel if either she personally or she thru her bosses had a positive legal and moral view many of the bad things the building department seems to be doing at present would have been changed, redirected or corrected. I have noted elsewhere that her investigator has passed on slanderous statements about me-which originated with:Lietuenant , Cochran... a town investigator should.not.do this and:, should have corrected himself once.;proof was.provided`"(which it.was and which he did not). (meaning the Town Board)" If this Board concentrates on-problems-with:.the'Building Department (and- anyway)_I will in the future outline some of thier failures, seemingly-strange verbal and other responses and areas in which their conduct''might`change and what. oversight might be needed. on the matter of- lawversr and other things;. thrown in "the public" can supply much information that goal directed Board members or twon employees may unintentionally or intentionally overlook...in relation to what.a town attorney might do, in relation to interaction with the town operated'courts, in relation to Albany legislators, in terms of need. 'The law' in New York is oriented to lawyer payment, conflict as the essence of law and lawyer protection of client rather than resolution, free service,legislative- correc~ion and so on. Mrs. Cochran_unwittinglyor'wittingly adds to.this_in' saying: "Laurie, how can'we-do this so the.Town,isn't held-responsible" (in re overcharges for copies of CCs). Not morally should we offer refunds and how best and most fairly can that be done .....so the actions of the lawyer may be to quit or go along also........ I think the office of Town Attorney is important enough to discuss these things pecifically and pubicly, "personel or not. My conversations with bis. Dowd on matters important to me (untaped) indicate to me dementia, corruption or a bizarre attitude either toward me or what she feels her cleints want. I would hone for A C01d^a113UCTII change of-attorney but could be convinced otherwise if these things were discussed and explained-and oriented pubicly. Too much far a single communication. "I asthat,you..conside the ~ time limit for my fil' lcle=g8-,yo , „cape ` asibility C'.ige 7 - Bearing Triuscript ~(eeting of August 21, 1996 Southold Town Board of Appeals NL`IA FISCHER? That's me _ BARBARA- ADAMS:--Then, the_next one is from Mrs Robinson Posel She says - = of. the Robinson property form. aIly a ; , V Dear Zoning Board• Member, It! has :come to., MY-attention that, a property at at Barbara Adams at the end of Indian :Neclt Lase Is tmproveme S.,ifi:_ Az r•:':, 1 being protested. time payer for 34 - As a: part time resident and. full with family members having settled-on Indian Neck. in Yom= that 1 am 1900, L 'would7hke to have ~ made recently ~accompUshed on-this very pleased:-with-the uPV1 the'occuPant bad caused a shameful pie. property. Pre w}yo value deterioration' which was to- the detriment of all of us. tt,ghly our shorefront properties- jnues~ to add a vThe current owner can, to a aat landscaping and to the interior, exterior and to thh ctu a in question is natural beauty of the prop' deal to the appearance of the most attractive and adds a peat have told me they area. Neighbors I have discussed this wlth* believe-this "shed" is a most attractive addition and is a real plus to, the 'property: - . _ rote W be treated for 1 respectfully retluestthat this "P That's all- Thank You. the frivolous action it appear CO be. CH~1liLNAiY y Thank You- JODYADAMS: How cometbis CHr1IRM?uY: Pardon me,' Ms. Adams-please- These were not letters written in anybody's behalf,, except for-Your sister- Ms. Adams, e are -going to.. have to bave the exact footage from, the, at'least to thee I ''I vement" ok- We will recess` the hearing._~er we.: , edge'of the Pa complete the hearing tonight. SECER.ETARY LINDA KOWALSKI:- NO recess. it, reserve- CHAIRMA'N'. Reserve decision: ' SECRETARY LINDA gOWALS I: Mot recess ese~e CHAIRI NIAIN' ge'll close the hearing and reserve decision. SARBAR\ ADNMS: How do we' CIi:\IRS(A`t: .Vou`ve got to get a aue Exam. samebodY aad rsa a tape. „ic. it uut.;we'll Suoply,_ou :vith a ape. 7- -7 } ..2y fe t3 .2 ve Pago 10 - [fearing Transcript Meeting of August 21, 1996 Southold Town Board of Appeals BARBARA ADAMS: But I have to know from where you're _talking about, the front of the road. CHAIRMAN: From the road to the building. JODY ADAMS: From the property line Sir. Is that act correct? The road is. CHAIRMAN: Please-.wait until you are, called upon. dODYADAiMS: I might not remember. w . CHAIRMAN: Write it down. Excuse me for everybody's indulgence here. I will personally come over and attempt,_to find the monuments for you, ok. I'll-do the best I can. BARBARA'ADAMS: I'm terribly sorry. I've -done the best r could do. - CHA[Rw1AN: [ know. I understand that. BARBARA ADAMS: And even, because I'm-noc sure having lived in Nepal for the last 35 years, I'm, not quite cognicent of your methods' and the way.of everything... - CHAIRMAN: -.I understand. We'll work it out,_.ali right-- BARBARA ADAMS: Shall I sit: down? CHAIRMAN Yes, you can sit-down. BARBARA ADAMS: Unless you have more questions? CHAIRMAN: I don't have any questions Does anybody have any 1Q questions of this Lady? CHAIRMAN: No, I think that's fine. BARBARA ADAMS: Would you like anybody to'speak in mg Favor? CHAIR;IlAN: if tliey would Like-to. sure- Is_there aact;ody that would like to speak in behalf of Ms. Adams for tier appiicndon? WENDY P!tELLWITZ: Wendy Prellsvicz on behalf of her application. SECRL'TAR Y : We can't hear yyort from here. CciAIR.MAN: [ need :Our name. Pti 11 - Hearing TrdllscriPt Meeting of August 21, 1996 Southold Town Board of Appeals SECRETARY LINDA"KOWALSKI: I can't hear you. V WENDY PRELLWITZ: Wendy Prellwitz CHAIRMAN OK _ WENDY PRELLWITZ: I'm the daughter of the Preliwitz faoulY that lives two houses over and relative of Barbara's. I just want to say 1 that I think the shed, -!Vs 'very-confusing. ' This side; -back, froatr yard issue, when you're on corner lot property. _ CHAIRMAN:, Corner lot, waterfront lot and on a corner. WENDY PRELLWITZ ,.It's a-hard situation and it seems just to as a logical place to put it, and we'd be happy to help measure the thing-, too, if we can get a tape measure and start from the road. But we as neighbors feel fine where the shed" is. CHAIRMAN: Thank you. MARY ANN PORRAS: Mary Ana. Porras. I live, I'm a resident of Southold Town and- we're friends and I was with her, and I spoke to: the Building.Inspector first;- and was terribly confused aiio -nt of yard, side yard, back yard. I thought we were getting ' a semantical problem because, if the front of the yard is what faces the road, then actually there'ls'a corner of the shed:that actually.-=.--` is in that front yard. Then when I went with Ms- B. Adams to the Building Inspector and we had found out about, well, if that is the front yard it should be ok, and you can argue a little about semantically. Oh no, that's now side yard and tt has' to go in:the backyard. So that his definition to me, if you look at the survey that Ms. J. Adams submitted,, there's only 16 feet there and it's a totally illogical-place put there- It can't be pat there. to have the shed be CHAIRMAN: OK, could I just have the spelling of your last name. MARY ANN POR.RAS: Porters CHAI&MAN: Thank you. Is there anyone else that would hike to speak in faYoe` Oh, -Ms. Adams would you Uke to speak' NIS. -JOOY ADAMS: Oh indeed. The question is. CHAIR'NIAN: Ok. Could 1 ask you to come uu pere aad use the as 0 pt)(HAtm. this table het'e'- - ~a} e,.. Vlee ng of I ring Truuscript _ Southold Town Board 1996 • l Of Appeals BODY ADAMS: various things '.h I You'll be like me glad to hear. It's oalp a life to (stand). am not that well otnized Where ~e of CHAIRMAN: dust right would you and we can Pick there, anvplace you up better theme The mikes aren't working MS. BODY AD the Person that - Yes. As whoever she . , has done iitw proper~~gthe Ias plicattion She has -done .'a YOU knowled without any know lot Year and getting awn where her cesspools-dV Of her propeAs noted, she ' under oath Y burid~g permits. where wen lines, any move some sub It ce Points are, without d into the thing touted to this belief, she has sworn,_° - I've read PrOpertY, it was mY ~board Departments than I'd ever MISS' two s,that when she , about Zo * to iVow in de replacement of missin3, and under Vie. t Buddyng fg, She def_ has roofs requires. a buiI utitious, the hick perhaps might not dew which ~ perozit. ything, and be, o coveruig cer an overall Precise I do not feel that this words, she doesn'snit things, what the surr, yot sshould t conform to to the width line thing nsand s are What th~~~ shed gantteed n o sc, a pt'oPert is - ~v• She - a rebel. that she should b nsions are n dishonest human being. ring her work M relation a under egade and she's a CItALRblrltV: 3'-'ossly Please, ok, ok. I -JODY ADAiVIS: understand that but, you know CHAlRMA You two don't look good. :V: concept I understand rate on the yssu s germane issue andtatetois s want you to BODY ADAMS: No, S. I : Iced, ok. place waterfront .do that eats not believe PCOPe"-y I UnderstandYour fro P 'have yard or Your bac ou can fa the Cirst . told. Do you know anyt kTard, not just have Ieither about that? the bac ~ in CIIAIRI4IAN: am ill :111.7 suec'- This board, when the . uic place. JODY:lDjlivlS: is a hardship can place a shed. INPlieve. Accordhlg to L' ,'/aterfront lnda roper and the Building Depar Cif;\IR,4IAV: t has a double option. ®ent I -that is correct. 3ac1Use :vater.hut or°nerr ten' cs to lace the .water.' • TttUlSC'rl~ • , ~ Page l3 - Hearins ~l 199 eedlig of A 'Board of Appeals ~l Sol.ttllold To%va correct: choices, C HAIR~iP`i front or p have two 1 That is apparently ASS : nd so You can m p % JODYP~ back j-. • pieCa of it is on a a very'stra CEtAIRMA'Y: R~ht :noted, veied fro as are 'C And as beets° the dime° d close j0D It be r Y v dp we °e 106 I don't s e ~ nce pro Iva vie . Sur `Ie I just' think d a sur° De~rmien r recently There > . should deasaa the Building roper perm ' different- ;c. - I think Y°`l d.t think" t the.P your hear se; tblaV axe o ' d she could t" a the shed` I ~ kto where all a •wor>s shed . I da-2 the rear which LS f ' cuss . the, are should her so far it's we can dis rear' what l and alhied co~id b- ie t moving a f the pabUC road. yo Ive an gone DaWSO Ewi in 10 be removed, c~ You do" the r do new . a She e `Pisan doa'tt have iu a ei bliad. is are arses bbaaveapParszng not, ane, feet :ns Sh is arresting pe°oiwu p eperty daand she shed, and one that. unkn end of the t they comdo a there It's the of problems bigV before - Vou, g~ have a lot~e overail'probiem oaOroad<.., ou to it at to say- the wotild u hat's ail I have anything . , • _ . Thank you CHA1RNiA~: " Aav questions! AnYbodY have any dO DY r\D AVIS = question' : ;t have auY I dots t and I'm nOtr. it's CHAIRS ` oo the. well Po~a -e ;.he well ?omt questions hed mac be t .to kao = . Th Qcu ougi? dODYADAM well Pouzt' - very near..:: ou aPPreve the shed is before CH/\LRN[v' . Olt eat oa mo hearing fu .ng ,AS Ok eae C mm a tioa cios lODYr\Dr\ other make it : COMM . do :th aaoiser Aay CHAittjli?N-~ ROarllwl•aU Curthe- OC iUCh L -toui~~ t Sad ec:ion• oa YourYld or ,,ext froyou`' a ilk o~ay to m nu °SP, petldin.- ,ide ~ be tidier this the. hear:]]g res aad. measure board ,ecibe-, -3 mates ur ] , It ~ill 1- down there 3 mea5 laid well avesKeuu. - - _ nt : Page 1.1 - Hearing Transcript Meeting of August 21, 1096 Southold Town Board of Appeals BARBARA ADAMS: I would humbly think it would be this weekend. I had hoped to go to Vermont and get and install my Mother's tombstone the following weekend.. CHAIRMAN: OK. JODYADAMS: That's very touching but I really don't think it's relevant. CHAIRMAN: Ok, hearing no further comment, I offer that as. a Resolution. ACTION TAKEN: Following discussions . during the hearing, action was taken as follows by the Board:. Motion by Chairman Goehringer to close (conclude) the public hearing, pending reinspectioa by himself or with another board member for a measurement. This motion was seconded by Member Dinizio, and duly carried by all members present (4-0) voting; Member Tortora was absent. (A determination with deliberations was not commenced, but is expected within 62 days of the close of this hearing.) 3 v 14 ell JUDITH T. TERRY Town Hall, 53095 IY7s~a Bond TOWN CLERK °y = P.O. Box 1179 REGISTRAR OF VITAL STATISTICS Southold, New York'11971 MARRIAGE OFFICER Fax (516) 765-1823 RECORDS MANAGEMENT OFFICER ele hone (516) 766-1800 ' FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK JAN 131 TOWN OF SOUTHOLD APPLICATION FOR PUBLIC ACCESS TO RECORDS Tr INSTRUCTIONS: Please complete Section 1 of this form and give to Town C erk's, Office agency Freedom of Information Officer). One copy will be returned to, you:: in response to your request, or as an interim response. SECTION 1 - - Q L~ e U,,J TO: /A- - O /GI D (Department or Officer, if known, that has the informatiohn you are requesting.j-` RECORD YOU WISH TO INSPECT: (Describe the record sought. If possible,- supply date, file title, tax map number, and any other pertinent informati n.) w„ S19~ w( 0, w o. i V i a . yG}q+~ S \ I ~E~t.` u u~ 1 I l l 1 8~ V ~ j~' ~ n «Sq4 Signature of Applicant: Printed Name: Address: ~aQ _Lk yJ k C !;7 4 Mailing Address (if different from above): Telephone Number: Date: J : [ ] APPROVED WITH DELAY* [ ] DENIED* RECEIVED JAN 13 1997 Judith T. Te y Date Freedom of Information Officer Soufhela r.,w.. (1014 * If delayed or denied see reverse side for explanation. rb> Page 9 - hearing Tr*cript • Meeting of August 21, 1996 Southold Town Board of Appeals uniDEntTtAL=D 6P1C'f}K8,e(fvoT U6;n&A4;crbphone) Prab nTezeuvT)ro -6P&19k 4.:+; -r'-n ci..That's me. to?,0C) ~d BARBARA ADAMS: Then the next one is from Mrs. Robinson Posel of the Robinson property formally. She says: Dear Zoning Board Member, !~a It has come to my attention that a property improvemeut at Barbara Adams at the end of Indian Neck Lane is being protested. As a part time resident and full-time taxpayer for 34 years, with family members having settled on Indian Neck in 1900, I would like to have made part of the record that I am very pleased with the upgrading recently accomplished on this prime property. Previously the occupant had caused a shameful deterioration which was to the detriment of all of us who value highly our shorefront properties. The current owner continues to add a valuable improvement to the interior, exterior and to the important landscaping and natural beauty of the property. The structure in question is most attractive and adds a great deal to the appearance of the area. Neighbors I have discussed this with have told me they believe this "shed" is a most attractive addition and is a real plus to the property. I respectfully requestthat this "protest" be treated for the frivolous action it appears to be. That's all. Thank you. CHAIRMAN: ']'hank you. JODYADAMS: How come this ( CHAIRMAN: Pardon me, Ms. Adams please. These were not letters written in anybody's behalf, except for your sisters. Ms. Adams, we are going to have to have the exact footage from the, at least to the edge of the pavement, ok. We will recess the hearing after we complete the hearing tonight. SECRETARY LINDA KOWALSKI: No recess it, reserve. CHAIRMAN: Reserve decision. SECRETARY LINDA KOWALSIiI: Not recess it, reserve. CHAIRMAN: We'll close the hearing and reserve decision. BARBARA ADAMS: How do we? CHAIRMAN: You've got to get a tape from somebody and run a tape, ok. If not., we'll supply you with a tape. RECEIVED JAN 1 11 1997 JANUARY 10, 1997 Southold Town (1.4 to members Z3A, members Town Board in re meeting on functioning of Board to be held today especially matters re Tonyes, 3arbara Adams also in re Building Department, office of town attorney, town investigator possible changes and interaction and effect - sbecific and general I A;vT STATING 1Irf BELIEF THAT THE Z3A IN ITS ENTIEETY BEHAVED INCORRECTLY IN RELATION TO BARBARA ADAYIS and I am asking for a rehearing. Jody Adams P03 33 Peconic, NY 11958 note: not mentioned even implicitly is the need for public discussion on rental housing, mediation services between landlord/ tenants and what role the Town might play cover page, four pages plus any exhibits- possibly separate) 0 FRIDAY, JADMARY 10, 1997 SOUTHOLD TO:1N BOARD/ Zoning Board of appeals meeting in relation to functioning of Board, ethics and other matters I applaud the theoretic background and reasons for this meeting. I have had a very long term involvement with the government of Southold Town and occasional contact with the ZBA. In the last two years I have filed two formal complaints with the ZBA, and been involved with the processes they set into motion. I personally am very critical of the current Chair but also of the Board which does not stand up to him or at all in most instances. Going along may be the easiest form of service but it is not effective nor admirable. 3oard actions in both cases left many questions. Since the processes can take a very long period of time and, to the oiaervor involve from the time the Town Board creates a new law or variation of the law until a person or corporation comes into conformity (involving perhaps the Building Department, Planning, the Town Investigator and/or mown Attorney and even district attorney).... many things effect all parties including the complainant or observer. My first involvement was a property belonging to Tonyes next to aayside Market near Supervisor Cochran's home. I lived at that unit and found the owner's engaging in a variety of actions which made me as a tenant uncomfortable. Switching from 'going along' to full fledged attack I utilized the police to see if someone using the garage for repairing and storing autos was there legally (his actions intefered with my living and possibly health) and, when inquiring at Building about r+hetherpermits had been obtained for work 'had to' file a written question before information would be provided, finding out there were no permits and eventually the Building Department investigated and the To roles applied for a variety of different variations of exemptions. Cne of their requests was granted. They did not conform for a long period of time causing a .;ustice Court action. A variety of questions were raised and observations made by me in regard to the totality of processes (ongoing because even if they conform today what about tomorrow?) The other involved my sister and 'our' house at 8100 Indian +ecs mane. Apparently quite recently sheds and outbuildings were z. brought under Town oversight (location, and so on). I have and will continue to file a series of queries regarding the use of the property during the time I am banished from it. The action before the ZBA was in relation to the Placement of a shed which the Building Department cited her for and which went before the ZBA. It is my belief that the conduct of all members of the ZBA in this regard was wrong and unlawful. I believe I still have time to file an Article 78 and may and should. In this instance respondent or accused, Barbara Adams, failed to file any of the materials both the Board and public required to _ see if the law was being violated and how best to correct any violation. This failure seems largely built into the process. If something obviously does not conform the Building Department fails to obtain maps and locations and passes the case to the ZBA. In this instance and probably others the ZBA (in the person, in part, of Linda) failed to see that the needed material was filed. The 'first part' of a hearing was held with both my sister and myself test ifying. Mr. 3eorenger (sp) then ordered the meeting held over to the following meeting for the needed materials to be submitted. (This with the 'nodding approval' of the Board generally). Unfottunately while the Chair was making this pronouncement (will attach transcript and hope it reflects - or give separately) I made a face or faces at respondent. For some reason this created a mood change in the Chair (sexual ? Personal? what kind of reaction and what it means would be interesting to go into) and instead he said that he would close the hearing that day, that he personally wwuld go to the property AND TELL THE RESPOMENT T:EE RULES -AND MEASURE TICS PROPERTY and make the decision for the Board. The 30ard all of whom looked somewhat horrified did not comment openly and voted to go along with the Chair - something I don't understand. IN M OPINION this indicates a varietyof things too great an emotive response of undetermined nature from the ",hair, too much 'go along' of the Board, a lack of understanding of the ideas and rules and reasons behind the need for information for both the 3oard and the public to participate usefully and fairly lacking needed information the public hearing was a farce. I noted also that no note was taken at the hearing that the law was recently put into effect and that, therefore, its violation was fairly raasonable. Further, I do believe the aesthetics of the 3• location are injured by the present location of the shed as well as the possibility of its location being too near a well point. I believe the 'defendant' should have been required to submit the required information prior to either the original hearing or before the second part of the hearing and that if the Chair of the "ommittee chose to solely re look at the property that his finidng should have been submitted publicly at the next part of the hearing and been subject to public comment. To the best of my knowledge I did not make any sound, simply a face. Perhaps the absolute control of emotive responses is something I will learn or I will undertake the confort of costumes and immobility (a mental disorder, often). All people, at times, respond strongly 'for various reasons and too immediately take a course of action that otherwise would not have been taken. ldhen the Chair of a largely unoverseen committee of considerable authority does it seemingly with some frequency perhaps change is needed. Again, I note I feel the Board including Mr. diNizio should have spoken out at the time. Mr. de Villa looked disturbed but 'went along'. There is also an interaction between the variety of things the 3oard is presently considering openly (personnel as well as Committee changes in the ZBA, personnel changes effecting the Building Department, changes regarding the town attorney and, perhaps, her investigator. All of these impact on the ZBA and itsprocedures and I would b riefly comment. The ^raveller (I believe) in commenting on the town attorney position said that 'law supposedly is objective or impartial' - they used a better word. Historically, regrettably, the Town Attorney is defensive of the Town (slanted from objectivity to client orientation. It is my feeling that the Building department urgently needs organization, ethical improvement, legal oversight and repair. Probably to a degree Linda would be very helpful. She has adopted and defends the loose conduct of her Z3A and might behave. similarly towards the 3uilding Department. It is my feeling that Laurie Dowd is not sufficiently • 4. informed considering the period of time she has been employed by the Town with the workings of the various departments. I feel if either she personally or she thru her bosses had a positive legal and moral view many of the bad things the building department seems to be doing at present would have been changed, redirected or corrected. I have noted elsewhere that her investigator has passed on slanderous statamments about me which originated with Lietuenant Cochran... a town investigator should not do this and should have corrected himself once proof was provided (which it was and which he did not). (meaning the Town Board) If this Board concentrates on problems with the Building Department (and anyway) I will in the future outline some of thier failures, seemingly strange verbal and other responses and areas in which their conduct might change and what oversight might be needed. On the matter of lawyers: and other things thrown in "the public" can supply much information that goal directed 3oard members or twon employees may unintentionally or intentionally overlook ...in relation to what a town attorney might do, in relation to interaction with the town operated courts, in relation to Albany legislators, in terms of need. 'The law' in New York is oriented to lawyer payment, conflict as the essence of law and lawyer protection of client rather than resolution, free service,legislative correction and so on. Mrs. Cochran unwittintlyor wittingly adds to this in saying: "Laurie, how can we do this so the Town isn't held responsible" (in re overcharges for copies of CCs). Not morally should we offer refunds and how best and most fairly can that be done .....so the actions of the lawyer may be to quit or go along also........ I think the office of Town Attorney is important enough to discuss these things pecifically and pubicly, personel or not. ?y conversations with Ms. Dowd on matters important to me (untaped) indicate to me dementia, corruption or a bizarre attitude either toward me or what she feels her cleints want. I would hope for A CONSTRUCTI2 charge of attorney but could be convinced otherwise if these things were discussed and explained and oriented pubicly. Too much for a single communication. I ask that you consider the time limit for my filing an Article 78, your culpability and responsibility in re BarbaraAdams AND ASK FOR A RF.HF.ARING. JODY yDACS qJ1_ poge - Bearing Trai.6cript Meeting of August 21, 1996 Southold Town Board of Appeals MINA FISCHER: That's me. BARBARA ADAMS- Then t next one is fro saysm ~ Robinson Posei of the Robinson property formally. She Dear Zoning Board Member, It has come to my attention that a ptoPerty Neck Lane is improvement at Barbara Adams at the end of Indian being protested. time resident and full-time ta-tPayer for 34 Asa fa members having settled on Indian Neck in 1900y ,ears,I with would d lik like to have made part of the record that I am very pleased with the upgrading recena yt had cmplished aused a shameful prime property. Previously the occup ch was to the detriment of all of us who value deterioration whi highly our shorefront properties. The current owner continues to ad important landscaping and vement to the interior, exterior aato thThimPtructure in question is natural beauty of the property. appearance of the most attractive and adds a Feat deal to the have vtold me they area. Neighbors I have discussed this with h ha believe this ,shed" is a most attractive addition and is a real plus to the property. "protest" be treated for I respectfully requestthat this Thank the frivolous action it appears to be. That's all. you. CHI\IRMAN: Thank you. dODYADANIS: How come this ( Ms. Adams please. These were not letters CHr1IRNLAN: Pardon me, written in anybody's behalf, except for your sis ters. Ms. Adams, we are going to have to have the enact footage from the, at least to the edge of the pavement, ok. We will recess the hearing after we complete the hearing tonight. SECRETARY LINDA ir,OWALSisI: No recess it, reserve. CHAIRMAN: Reserve decision. SECRETARY LINDA 1~OWALSKI: Not recess it, r=ser%e. CHAIRMAN: e'll close the hearing and reserve decision. BAB.BAR:\ :%DAMS: How do we' 2MANN `:ou`ve 0-or. to geE a :ape f om somebody- and run a tape. C;{:\It witiu a rape. Il yuppl4 4011 )TK if aoL. We ['age 10 - Hearing Trutiscript Meeting of August 21, 1996 SOUtlluld Town Board of Appeals BARBARA ADAMS: But I have to know from where you're talking about, the front of the road. CHAIRMAN: From the road to the building. .JODY ADAMS. From the property line Sir. Is that not correct? The road is. CHAIRMAN: Please wait until you are called upon. .TODYADAMS: I might not remember. CHAIRMAN: Write it down. E:tcuse me for everybody's indulgence here. I will personally come over and attempt to find the monuments for you, ok. I'll do the best I can. BARBARA "ADAMS: I'm terribly sorry. I've done the best I could do. CHAIRMAN: I know. I understand that. BARBARA ADAMS: And even, because I'm not sure having lived in Nepal for the last 35 years, I'm not quite cognicent of your methods and the way of everything. CHAIRMAN: I understand. We'll work it out, all right. BARBARA ADAMS: Shall I sit down? CHAIRMAN: Yes, you can sit down. BARBARA ADAMS: Unless you have more questions? CHAIRMAN: I don't have any questions. Does anybody have any questions of this Lady? CHAIRMAN: No, I think that's fine. BARBARA ADAMS: Would you like anybody so sneak in my favor? CHAI1Z;l1r1N: [f tl[ey would line to. sure. is there anybody :hat wnuid like to speak in be!ialf of :Ms. Adams for tier anpiicario[1 WENDY )!ZI LWIT : Wendy Prel[wttz on behalf of '.ter auoticadoa. SECRETARY: We can`s hear yon from here. Cfi:1IR11,\,l: i need your ::ame. page 11 - Hearing Traiiscr-Pt Meeting of August 21, 1996 Southold Town Board of Appeals SECRETARY LINDA IsOWALSKI: I can't hear you- WENDY PRELLWITZ: Wendy Prellwitz CHAIRMAN: OK WENDY PRELLWITZ: I'm the daughter of the Prellw'itfa ni that y lives two houses over and relative of Barbara's. I just front that I think the shed, it's very confusing. This side, back, yard issue, when you're on corner lot property. CHAIRMAN: Corner lot, waterfront lot and on a corner. WENDY PRE LLWITZ: It's a hard situation and it seems just to us a logical place to put it, and we'd be happy to help measure the thing too, if we can get. a tape measure and start from the road. But we as neighbors feel fine where the shed is. CHAIRMAN: Thank you. MARY ANN PORRAS: Mary Ann Porras. I live, I'm a resident of Southold Town and we're friends and I was with her, and I spoke to the Building Inspector first, and was terribly confused about front yard, side yard, back yard. I thought we were geattingis wrd intohatafabcitesof a semanrical problem because, if the front of the y the road, then actually there is a corner of the shed that actually is in that front yard. Then when I went with Ms. B. Adamsto the Building Inspector and we lied found out about, well, if that is the front yard it should beat's can argue a and thhas to bgotin the semantically. no, look at the survey backyard. So that his definition to me, if you that Ms. .1. Adams submitted, there's only 16 feet there and it's a totally illogical place to have the shed be put there. It can't be put there. CHAIRMAN: Oh, could I just have the spelling of your last name. MARY ANN PORRAS: Porras- CHAIRMAN: Thank you. Is there anyone else that would like to spealr in aeor? Oh. Ms. Adams would you like to speak'. MS. BODY ADAMS: Oh indeed. The auestion is. CHAiR'tAN: Ok. Could is ask you to come uu here and use this as 0 1)nilimn. this table here'. P:igze 12 - Hearing Transcript ;Meeting of August 21, 1996 Southold Town Board of Appeals JODY ADAMS: You'll be glad to hear. It's only a lifetime of various things. Oh, I am not that well organized. Where would you like me to (stand). CHAIRMAN: Just right there, anyplace. The mikes aren't working and we can pick you up better there. MS. JODY ADAMS: Yes. As whoever she is, has been telling you, the person that is making the application. She has done a lot of work on this property in the last year and one half. As noted, she has done it without any knowledge of her property lines, any knowledge where her cesspools are, where well points are, without getting any building permits. It is my sincere belief, she has sworn under oath in something submitted to this board, that when she moved into the property, it was missing two roofs. Now in defining, I've read more than I'd ever care to again, about Building Department, about Zoning, and under those definitions, the replacement of missing roofs requires a building permit. She has added a deck which is covering certain things, which perhaps might not be, in other words, she doesn't conform to anything, and I do not feel that this thing should be granted until an overall precise survey, you know, where the shed is sitting on, what the width dimensions are. What the dimensions are in relation to the property line and that she should bring her work under scrutiny. She is a rebel. She is a renegade and she's a grossly dishonest human being. CHAIRMAN: Please, ok, ok. I understand that but, you '.know JODY ADAMS: You two don't look good. CHAIRMAN: I understand your statements, ok. I want you to concentrate on the germane issue and that is the shed, ok. ,f JODY ADAMS: No, Sir, I do not believe, all right. In the first place, waterfront property I understand you can have shed in either your front yard or your backyard, not just in the backyard. I am told. Do you know anything about that? CHAIRMAN: This board, when there is a hardship can place a shed in auiy specific place. JODYADAMS: According to Linda and the Building Department I believe. Waterfront property has a double option. CII:\IR.MA_V: That is correct. ;C)DY AD DAMS: 3aCaUSe Waterfront property tends to face il:e :eater. Page 13 - Hearing Transcript Meeting of Aug+tst 21, 1996 Southold Town Board of Appeals CHAIRMAN: That is correct. JODYADAMS: And so you can apparently have two choices, front or back. CHAIRMAN: Right JODYADAMS: And as noted, this is a very strange piece of property. It has practically been recovered from nature- It is on a recently surveyed, we've lost beach. All the dimensions ire close different. There are, I just think, I don't think you sho your hearing. I think you should demand a gee with no ic Of where all these things are. And I think the g Department , should inspect the rock done and she could yet the proper permits and then we can discuss the shed. tIId not call ~like the Nh~ is clotseko the shed could be in the rear, her plantings are the Dawsouline, without moving anything. All road, and so far it's new. She has fenced in 10 feet of the public not, and those plantings have to be removed, unless vou've ail vane insane, because you don't fence in a Public Road. You don't do if that. She is arresting people. Her tenants are arresting people they come within this unknown property line, and you have a parking problem down there. It's the end of the road and hasshed1400 on the road. You have a lot of problems bigger would urge you to look at the overall problem before you grant anything- That's all I have to say. CHAIRMAN: Thank you JODYADAMS: Any questions? CHAIRMAN: I don't have any questions. Anybody have any questions? L. .JODYADAMS: The stied may be on the well point and I'm not. it's very near the well point. You ought to 'snow where the :veil l;oint is, before you approve the shed. CHAIRMAN: Oh •JODYADA,MS: Ok. CHA MAN: Thank you. Anv other further comment on ,his liear:ng from navoae. Hearing no further comment I'll make a motion cios:ug rile hearing, peadin_ an uispecdon. of wilicn i .vouid do with another board member, ur,)%-ided it's okay to go on ;our property aua men Si t r". It will moves or likei°i be either 'his "weekend or ne:it weeitand, and we'll g0 down there and measure. Page 14 - Hearing Transcript Meeting oC August 21, 1996 Southold Town Board of Appeals BARBARA ADAMS: I would humbly think it would be this weekend. I had hoped to go to Vermont and get and install my Mother's tombstone the following weekend. CHAIRMAN: OK. JODYADAMS: That's very touching but I really don't think it's relevant. CHAIRMAN: Ok, hearing no further comment, I offer that as. a Resolution. ACTION TAKEN: Following discussions during the hearing, action was taken as follows by the Board: Motion by Chairman Goehringer to close (conclude) the public hearing, pending reinspection by himself or with another board member for a measurement. This motion was seconded by Member Dinizio, and duly carried by all members present (4-0) voting; Member Tortora was absent. (A determination with deliberations was not commenced, but is expected within 62 days of the close of this hearing.) Page 4 - Hearing Tnocript Meeting of August 21, 1996 Southold Town Board of Appeals 7:34 p.m. Appl. No. 4406 - BARBARA ADAMS. Request for Variance based upon the July 18, 1996 Building Inspector's Notice of Disapproval under Article 111, Section 100-33 issued on the following grounds: A building permit application has been filed requesting the location of an accessory building in an area other than the rear yard at 8100 Indian Neck Lane, Peconic, NY; County Tax Map Parcel #1000-86-07-9. CHAIRMAN: We have a sketch of a survey indicating the approximate placement of the shed which is 45 to 50 feet from Indian Neck Lane, and approximately 45 to 50 feet from, I guess that's Indian Neck Lane Extension, which is the same road. BARBARA ADAMS: Indian Neck Road. CHAIRMAN: The rear which is actually the front yard of the property. I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Ms. Adams, is she here. How are you? SECRETARY LINDA KOWALSKI: Before you start, I want to mention, there are letters in there. CHAIRMAN: OK, I'll mention it. SECRETARY LINDA KOWALSKI: Letters in favor, and one against. CHAIRMAN: Yes BARBARA ADAMS: I made copies of the statement. I'm going to read some letters that I received. Shall I hand them out to you? I've got one for each person. CHAIRMAN: Surely yes, and in the interim, I'll mention that there are several letters of support in the file, and there is one letter of concern and objection in the file. BARBARA ADAMS: What I've said here is that. Since I was in desperate need of a storage shed, and the only way I could get in a storage area of the house is on a ladder, and I'm getting too old and unsteady for that. So, I bought a ready made shed, very pretty with all good intentions. I bought the best looking shed available to me, and put it on what seemed to me the most attractive and logical space on what I considered to be my backyard. As you can see in the enclosed survey, which my cousin Marjory Prellwitz found in an old desk, the property on 8100 Indian Neck Lane is an unusual elongate rectangle arrowing toward the rear, because of its peculiar configur lion, an*ie fact that it's a Summer, that it is a corner Page 5 - Hearing TrOcript Meeting of August 21, 1996 Southold Town Board of Appeals lot, it doesn't fit into the normal category described in the Zoning Code. Usually, properties on the Bay or Sound have the access road parallel in the back. In the case of my property, the road is on the site. It's unusual and atypical, and is the reason why the shed is placed, in the place where I placed it. In what I considered to be a real backyard of the property, and everybody I talk to does. Where the shed would have been faced, the area designated by the Building Inspector, would have been either the front yard or the side yard, or Mr. Dawson's, depending on the definitions of the Zoning Board. It would also have been inaccessible to the areas where it was needed, according to all the architects in Town and planners, the shed is placed logically and artistically in the most appropriate site. In its present location, the shed is near what has always been, the utility area of the house since 1915, and easily accessible to the garage and rear door. When builders suspected, inspected the filthy collapsing wreck that I acquired two years ago, they all said, bulldoze it. Instead, I chose to carefully and lovingly restore it to the charming country beach cottage that it had been when my Mother had been in residence. The site and cottage are said to have been an original (s island) Club, so the building may have some historic significance. That. is why I rejected the kind suggestion that the Building Inspector, that I could avoid asking for a variance by bolting it to the building. I felt that such a move would have disturbed the integrity of the building, and not look nice from the road. All the neighbors and others who pass my house on their way to the beach, have praised the restoration, beautification, of what used to be a tragic slum. And they love the way I have placed the pretty shed, as well as the plantings surrounding it. In view of all the above, I respectfully beg for your compassion and understanding, in granting a variance so that I can get on with other necessary repairs, such as replacing the rotten improvised front porch, with any time replica of that which was originally attached to the house, during my happy childhood days. Thank you very much. CHAIRMAN: Just before you leave us. What utility do you have in the shed. Do you have electricity in the shed? BARBARA ADAMS: I have one electric light. CHAIRMAN: OK. There is no water in the shed? BARBARA ADAMS: No. (CHAIRMAN: OK, and it has a wooden floor. Page 6 - Hearing TrOcript Meeting of August 21, 1996 Southold Town Board of Appeals BARBARA ADAMS: Right. CHAIRMAN: OK. Let's start with Mr. Doyen. Mr. Doyen, do you have any questions of this Lady? MEMBER DOYEN: No. CHAIRMAN: Mr. Dinizio: MEMBER. DINIZIO: No. CHAIRMAN: Mr. Villa. MEMBER. VILLA: You're showing a dimension on your 45 to 50 feet. Is that to a property line, or is that to a roadway? BARBARA ADAMS: 45, I paved this out with my next door neighbor Mrs. Dawson, who's contingent with my property on two sides. 45 to 50 feet from the roadway to the shed, we couldn't tell exactly where we should do it from the roadway, you know, where the roadway began. So I said, 45 to 50. Then on the other side, 45 to 50 feet to his property. So, it's more or less in the center of where it should be in the rear area. MEMBER VILLA: But, is that 45 or 50 feet from the pavement, or what you think is the property line? BARBARA ADAMS: One is 45 to 50 feet from the road. The other side is, it's not me also, it's my neighbor Mr. Dawson. MEMBER VILLA: I know that. BARBARA ADAMS: But the other side, from my house to his front be rder, front tier, whatever you call it. It's again 50 to 55 feet.. I may have made a mistake in marking it, and it's about 75 feet to the back part of this property line. You see, he borders me on two sides. I'm bordered only by Mr. Dawson and then the Ru-. CHAIRMAN: I guess we'll have to make a actual physical inspection with a tape. MEMBER VILLA: Well I've seen some of the letters and the objections we've had about it. You know, lack of a survey in the actual location. It's questionable to where it is. That's my point. SECRETARY LINDA KOWALSKI: How is it questionable, by five feet or 50 feet. Page 7 - Hearing Tree. lcript • Meeting of August 21, 1996 Southold Town Board of Appeals MI?MBER VILLA: I don't know. We don't know where the road is down there because it's paved. SECRETARY LINDA KOWALSKI: What would you say the closest would be to the front road line, to the front (to Mrs. Adams)? CHAIRMAN: Well, it's closer on the East side, than it is on the North side. WENDY PRELLWITZ: Yes, it's ( ) on the East side. Probably between 90 or 50 feet from the road back. SECRETARY LINDA KOWALSKI: I mean it's there. Why would you need a survey. CHAIRMAN: Do we have a tape in there, they can go measure. BARBARA ADAMS: If you would excuse me, I also would like to read into the record some letters I've received from the neighbors, because after all, my immediate neighbors are the ones much immediately concerned with this shed. CHAIRMAN: Surely. BARBARA ADAMS: Do I have your permission to read it. CHAIRMAN: Surely. BARBARA ADAMS: Thank you. This is a letter from Bob Day. He lives right across the road from me, and his property is practically opposite to my property. He sees me more than anyone else. My family and I own a Summer residence across the street from Barbara Adams on Indian Neck Lane in Peconic. In the last year Ms. Adams has made many improvements in the look of her property, which has previously been kept in a filthy and unmaintainedcondition. She has done all her neighbors a great favor by repairing fences, replanting gardens, and fixing up the house and property in general. We understand that, according to the regulations, she installedher garden shed in an improper place. Frankly, we think it is in a very good spot. It has improved the look and balance of the yard and is not an eyesore at all. It is surrounded by nice plantings and did not require the cutting of trees to install. One hardly notices it at all. Page 8 - Hearing TrOcript • Meeting of August 21, 1996 Southold Town Board of Appeals He's an art photographer and he knows beauty when he sees it. Then I have a letter from the Prellwitz, and from my immediate neighbor Mr. Dawson, Mr. James Dawson,which says: Dear Board Members, We are writing this letter on behalf of my neighbor, Barbara Adams, 8100 Indian Neck Lane, Peconic. Ms. Adams is seeking a variance for a storage shed located on her property. We have seen the storage shed, which is brand-new, and find it an attractive addition to her yard. From the time Ms. Adams moved into her home, she has made numerous improvements to her property and we consider the storage shed to be just one more improvement. The storage shed is constructed of T1-11 which is the same material as a garage which was newly constructed on an expensive new home located just several hundred feet from the Adams shed. 'therefore, they are related to each other. It makes sense. In view of the above we respectfully that the board grant Ms. Adams the variance needed for her shed. Then the next house up on Indian Neck Lane. We'll work our way up to my house. This is from Mrs. Prellwitz: To Whom It May Concern: I am a near neighbor of Barbara Adams, who has a Zoning Appeal coming up soon in regard to the placement of a shed on her property, I would like to add my voice to the appeal for a variance, as the shed is conveniently placed in the most sensible place for it. The lot is long and narrow with the unusual situation of the long side being on the road and something that is called the "front" yard. The, MRS. PRELLWITZ: Something else? BARBARA ADAMS: I'm sorry. MRS. PR.ELLWITZ: Want some help? BARBARA ADAMS: That might help. The property has been, has taken, anyway - she liked the shed and she liked the property and she realizes that it's an atypical piece of property and she's been in that area for years and years and years. Nina Fischer is the next house up on Indian Neck Lane is another neighbor. She says, Dear Sir, I am pleased with Barbara Adams improvements of her property, both in quality and appearance, and the neighborhood is grateful to her for having removed an eyesore. Page 9 - Hearing T)a., ipt + • Meeting of August 21, 1996 Southold Town Board of Appeals inTe UA IDEn1TIFt0 6P~PeK8 NoT UsinCg MiGDP~+on~RND zeuPrNG sPrAkFR~:7 ;Ain ;&Cf Eft: That's me. ~/019or QO~,~,. BARBARA ADAMS: Then the next one is from Mrs. Robinson Posel of the Robinson property formally. She says: Dear Zoning Board Member, It has come to my attention that a property improvement at Barbara Adams at the end of Indian Neck Lane is 7 being protested. As a part time resident and full-time taxpayer for 34 years, with family members having settled on Indian Neck in 1900, I would like to have made part of the record that I am very pleased with the upgrading recently accomplished on this prime property. Previously the occupant had caused a shameful deterioration which was to the detriment of all of us who value highly our shorefront properties. The current owner continues to add a valuable improvement to the interior, exterior and to the important landscaping and natural beauty of the property. The structure in question is most attractive and acids a great deal to the appearance of the area. Neighbors I have discussed this with have told me they believe this "shed" is a most attractive addition and is a real plus to the property. I respectfully requestthat this "protest" be treated for the frivolous action it appears to be. That's all. Thank you. CHAIRMAN: Thank you. JODYADAMS: How come this ( CHAIRMAN: Pardon me, Ms. Adams please. These were not letters written in anybody's behalf, except for your sisters. Ms. Adams, we are going to have to have the exact footage from the, at least to the edge of the pavement, ok. We will recess the hearing after we complete the hearing tonight. SECRETARY LINDA KOWALSKI: No recess it, reserve. CHAIRMAN: Reserve decision. SECRETARY LINDA KOWALSIiI: Not recess it, reserve. CHAIRMAN: We'll close the hearing and reserve decision. BARBARA ADAMS: How do we? CHAIRMAN: You've got to get a tape from somebody and run a tape, ok. If not, we'll supply you with a tape. Page 10 - hearing Tr'u7iscript Meeting of August 21, 1996 Southold Town Board of Appeals BARBARA ADAMS: But I have to know from where you're talking about, the front of the road. CHAIRMAN: From the road to the building. JODY ADAMS: From the property line Sir. Is that not correct? The road is. CHAIRMAN: Please wait until you are called upon. JODYADAMS: I might not remember. CHAIRMAN: Write it down. Excuse me for everybody's indulgence here. I will personally come over and attempt to find the monuments for you, ok. I'll do the best I can. BARBARA ADAMS: I'm terribly sorry. I've done the best I could clo. CHAIRMAN: I know. I understand that. BARBARA ADAMS: And even, because I'm not sure having lived in Nepal for the last 35 years, I'm not quite cognicent of your methods and the way of everything. CHAIRMAN: I understand. We'll work it out, all right. BARBARA ADAMS: Shall I sit down? CHAIRMAN: Yes, you can sit down. BARBARA ADAMS: Unless you have more questions? CHAIRMAN: I don't have any questions. Does anybody have any questions of this Lady? CHAIRMAN: No, I think that's fine. BARBARA ADAMS: Would you like anybody to speak in my favor? CHAIRMAN: If they would like to, sure. Is there anybody that would like to speak in behalf of Ms. Adams for her application? WENDY PRELLWITZ: Wendy Prellwitz on behalf of her application. SECRETARY: We can't hear you from here. CHAIRMAN: I need your name. Page 11 - Hearing Tray script Meeting of August 21, 1996 Southold Town Board of Appeals SECRETARY LINDA KOWALSKI: I can't hear you. WENDY PR.ELLWITZ: Wendy Prellwitz CHAIRMAN: OK WENDY PRELLWITZ: I'm the daughter of the Prellwitz family that lives two houses over and relative of Barbara's. I just want to say that I think the shed, it's very confusing. This side, back, front yard issue, when you're on corner lot property. CHAIRMAN: Corner lot, waterfront lot and on a corner. WENDY PR.ELLWITZ: It's a hard situation and it seems just to us a logical place to put it, and we'd be happy to help measure the thing too, if we can get a tape measure and start from the road. But we as neighbors feel fine where the shed is. CHAIRMAN: Thank you. MARY ANN PORRAS: Mary Ann Porras. I live, I'm a resident of Southold Town and we're friends and I was with her, and I spoke to the Building Inspector first, and was terribly confused about front yard, side yard, back yard. I thought we were getting into a bit of a somantical problem because, if the front of the yard is what faces the road, then actually there is a corner of the shed that actually is in that front yard. Then when I went with Ms. B. Adamsto the Building Inspector and we had found out about, well, if that is the front yard it should be ok, and you can argue a little about semantically. Oh no, that's now side yard and it has to go in the backyard. So that his definition to me, if you look at the survey that Ms. J. Adams submitted, there's only 16 feet there and it's a totally illogical place to have the shed be put there. It can't be put there. CHAIRMAN: OK, could I just have the spelling of your last name. MARY ANN PORRAS: Porras. CHAIRMAN: Thank you. Is there anyone else that would like to speak in favor? OK, Ms. Adams would you like to speak? MS. JODY ADAMS: Oh indeed. The question is. CHAIRMAN: Ok. Could I ask you to come up here and use this as a podium, this table here? Page 12 - Hearing Trescript Meeting of August 21, 1996 Southold Town Board of Appeals JODY ADAMS: you'll be glad to hear. It's only a lifetime of various things. Oh, I am not that well organized. Where would you like me to (stand). CHAIRMAN: Just right there, anyplace. The mikes aren't working and we can pick you up better there. MS. JODY ADAMS: Yes. As whoever she is, has been telling you, the person that is making the application. She has done a lot of work on this property in the last year and one half. As noted, she has done it without any knowledge of her property lines, any knowledge where her cesspools are, where well points are, without getting any building permits. It is my sincere belief, she has sworn under oath in something submitted to this board, that when she moved into the property, it was missing two roofs. Now in defining, I've read more than I'd ever care to again, about Building Department, about Zoning, and under those definitions, the replacement of missing roofs requires a building permit. She has added a deck which is covering certain things, which perhaps might not be, in other words, she doesn't conform to anything, and I do not feel that this thing should be granted until an overall precise survey, you know, where the shed is sitting on, what the width dimensions are. What the dimensions are in relation to the property line and that she should bring her work under scrutiny. She is a rebel. She is a renegade and she's a grossly dishonest human being. CHAIRMAN: Please, ok, ok. I understand that but, you know JODY ADAMS: You two don't look good. CHAIRMAN: I understand your statements, ok. I want you to concentrate on the germane issue and that is the shed, ok. JODY ADAMS: No, Sir, I do not believe, all right. In the first place, waterfront property I understand you can have shed in either your front yard or your backyard, not just in the backyard, I am told. Do you know anything about that? CHAIRMAN: This board, when there is a hardship can place a shed in any specific place. JODYADAMS: According to Linda and the Building Department I believe. Waterfront property has a double option. CHAIRMAN: That is correct. JODY ADAMS: Because waterfront property tends to face the water. Page 13 - Hearing Troscript Meeting of August 21, 1996 Southold Town Board of Appeals CHAIRMAN: That is correct. JODYADAMS: And so you can apparently have two choices, front or back. CHAIRMAN: Right JODYADAMS: And as noted, this is a very strange piece of property. It has practically been recovered from nature. It is on a recently surveyed, we've lost beach. All the dimensions are different. There are, I just think, I don't think you should close your hearing. I think you should demand a survey with notice of where all these things are. And I think the Building Department should inspect the work done and she could get the proper permits , and then we can discuss the shed. I do not like the shed. I think the shed could be in the rear, what I call the rear which is close to the Dawsonline, without moving anything. All her plantings are new. She has fenced in 10 feet of the public road, and so far it's not, and those plantings have to be removed, unless you've all gone insane, because you don't fence in a Public Road. You don't do that. She is arresting people. Her tenants are arresting people if they come within this unknown property line, and you have a parking problem down there. It's the end of the road and she has 300 feet on the road. You have a lot of problems bigger than one shed, and I would urge you to look at the overall problem before you grant anything. That's all I have to say. CHAIRMAN: Thank you JODYADAMS: Any questions? CHAIRMAN: I don't have any questions. Anybody have any questions? JODYADAMS: The shed may be on the well point and I'm not, it's very near the well point. You ought to know where the well point is, before you approve the shed. CHAIRMAN: OIL JODYADAMS: Ok. CHAIRMAN: Thank you. Any other further comment on this hearing from anyone? Hearing no further comment I'll make a motion closing the hearing, pending an inspection, of which I would do with another board member, provided it's okay to go on your property and measure. It will more or likely be either this weekend or next weekend, and we'll go down there and measure. Page 14 - Hearing Tr sascript Meeting of August 21, 1996 Southold 't'own Board of Appeals BARBARA ADAMS: I would humbly think it would be this weekend. I had hoped to go to Vermont and get and install my Mother's tombstone the following weekend. CHAIRMAN: OK. JODYADAMS: That's very touching but I really don't think it's relevant. CHAIRMAN: Ok, hearing no further comment, I offer that as a Resolution. ACTION TAKEN: Following discussions during the hearing, action was taken as follows by the Board: Motion by Chairman Goehringer to close (conclude) the public hearing, pending reinspection by himself or with another board member for a measurement. '['his motion was seconded by Member Dinizio, and duly carried by all members present (4-0) voting; Member Tortora was absent. (A determination with deliberations was not commenced, but is expected within 62 days of the close of this hearing.) APPEALS BOARD MEMBERS 0 t0~ `0 , Southold Town Hall Gerard P. Goehringer, Chairman tit 53095 Main Road Serge Doyen P.O. Box 1 179 James Dinizio, Jr.,~,- z Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1 W) BOARD OF APPEALS " TOWN OF SOUTHOLD MEMO TO: Town Clerk's Office FROM: ZBA Offic/,,p- DATE: January 10,'''"1997 at 10:45 a.m. ' SUBJECT: Jody Adams' Requests to Purchase Copy Today of 8/21/86 Hearing Transcript (Application of Barbara Adams) Just prior to the Town Board's meeting with the ZBA this morning, Jody Adams made an inquiry as to who typed "Nina Fischer" on page 9 of the Hearing Transcript. Since the typist is no longer employed with our department, I offered to check the tape recording and compare it with the written copy. The speaker on page 9 interrupted the speaker at the microphone with the words, "That's me." The speaker did not identify herself and was not given the floor at this time by the Chairman. Accordingly, I have noted page 9 to show the above. Please file this new page 9 as a replacement in the August 21, 1996 Hearing Transcript. Thank you. ` Page 9 - Hearing Tra,Aipt i Meeting of August 21, 1996 Southold Town Board of Appeals vaT USin6 M iCrbphonP> PrND i nTeeeuPi i NG- SGE(9k ER) uniDgmT,rlL=~ ~5PCf}1CE~t )11o)97. to W4NA zlCie+1elt: That's me. i0- a•'"V BARBARA ADAMS: Then the next one is from Mrs. Robinson Posel of the Robinson property formally. She says: Dear Zoning Board Member, It has come to my attention that a property improvement at Barbara Adams at the end of Indian Neck Lane is U~ being protested. As a part time resident and full-time taxpayer for 34 T 0 years, with family members having settled on Indian Neck in 1900, I would like to have made part of the record that I am very pleased with the upgrading recently accomplished on this prime property. Previously the occupant had caused a shameful deterioration which was to the detriment of all of us who value highly our shorefront properties. The current owner continues to add a valuable improvement to the interior, exterior and to the important landscaping and natural beauty of the property. The structure in question is most attractive and adds a great deal to the appearance of the area. Neighbors I have discussed this with have told me they believe this "shed" is a most attractive addition and is a real plus to the property. I respectfully requestthat this "protest" be treated for the frivolous action it appears to be. That's all. Thank you. CHAIRMAN: Thank you. JODYADAMS: How come this ( CHAIRMAN: Pardon me, Ms. Adams please. These were not letters written in anybody's behalf, except for your sisters. Ms. Adams, we are going to have to have the exact footage from the, at least to the edge of the pavement, ok. We will recess the hearing after we complete the hearing tonight. SECRETARY LINDA KOWALSKI: No recess it, reserve. CHAIRMAN: Reserve decision. SECRETARY LINDA KOWALSKI: Not recess it, reserve. CHAIRMAN: We'll close the hearing and reserve decision. BARBARA ADAMS: How do we? CHAIRMAN: You've got to get a tape from somebody and run a tape, ok. If not, we'll supply you with a tape. COUNTY OF SUFFOLK ROBERTJ. GAFFNEY D STEPHEN M. JONES, A.I.C.P. DEPARTMENT OF PLANNING DIRECTOR OF PLANNING OCT 2 5 {996 ' Qctober 21, 1996 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Jimbo Realty Corp., Gray (Timothy & James) 4389 V Jimbo Realty Corp., Gray (Timothy & James) 4389 SE Adams, Barbara 4406 Holley, Robert 4412 Wexler, Donna Inglesias 4414 Ball, Thomas 4415 Raymond Realty Corp. & Michael's Pontiac-Cadillac, Olds. 4418 Hands, William A. Jr. 4419 Very truly yours, Stephen M. Jones Director of Planning S/s Gerald G. Newman Chief Planner GGN:cc C:IW PV,INBMWPOOCSVONINGWJORKINGLLDS\OCTOSER1SH93B9V. DCT "0 RABRO DRIVE 9 PC. ?C` -100 a '"(-PPAUGE. n[: c; en;p v" "7R-n0an • t - :;'-m.u OSSL FFQJ APPEALS BOARD MEMBERS y"tiy` Gym o Southold Town Hall Gerard P. Goehringer, Chairman`",. M 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 James Dinizio, Jr. Southold, New York 11971 Robert A. Villa 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 Admi-ristrative Code, The Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: X Variance from the Zoning Code, Article III Section 100-33 Variance from Determination of Southold Town Building Inspector Special Exception, Article Section Special Permit Appeal No: r Applicant: Barbara Adams Location of Affected Land: 8100 Indian 6pioa La., Peconic, N.Y. 11958 County Tax Map Item No.: 1000- 86-7-9 4'''< Within 500 feet of: Town or Village Boundary Line Y Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area Existing or Proposed Right-of-Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines, or Within One Mile of a Nuclear Power Plant Within One Mile of an Airport Comments: Applicant is requesting permission to erect an accessory qt=age chart in area other than required ear rm -Op'eS 0- iOtYn '1 le 3nC re isL°] aocumencs GnC10S27 or /our review. 1996 -\PPEAI S BOARD MEMBERS ~OSUFf~~x p Southold Town Hall 53095 Main Road Gerard P. Goehringer, Chairman V o ` P.O. Box 1179 Serge Doyen W Southold, New York 11971 James Dinizio, Jr.~1, 1 Fax (516) 765-1823 Robert A. Villa Telephone (516) 765-1809 Lydia A. Tortora BOARD OF APPEALS TOWN OF SOUTHOLD MINUTES REGULAR MEETING WEDNESDAY AUGUST 21, 1996 I 7.15 p.m. Work Session. The Board Members reviewed and briefly noted documentation in tonight's files. No action was taken during this time. 7:30 p.m. A Regular Meeting of the SOUTHOLD TOWN BOARD OF , 19965 Main Road, Southold, APPEALS as held a WEDNESDAY, Southold AUGUST Town Hall, 5309 New York Present were: Gerard P. Goehringer, Chairman Serge J. Doven, Jr., Member James Dinizio, Jr., Member Robert A. Villa, Member Linda Kowalski, Secretary to ZBA Absent was: Lydia A. Tortora, Member. Also present were approximately 30 persons in the audience at the start of the meeting. II. ENVIRONMENTAL DECLARATIONS: Type II Actions: all of the hearings tonight which are directly related to residential use, accessory uses, accessory structures, setbacks, lot coverage, and similar regulations pertaining to buildings, structures, and use of residential properties. No further procedures are required under the State Environmental Quality Review Act for Type II Projects. R III. PUBLIC HEARINGS: p.m. Appl. No 1.^,80 - TIMOTHY GRAY and JIMBO REALTY. Thls I]en rlllo• suns Oot.. opened, and is to be carried over until Senrember 19, )J6 „r I -unuuuurion by -ipplicnnrs -is requested by Jim Goa,; as one o[ ,plnic.dfis. or t-nri-her discussions oy Ire snurcanf pith ..l:e 2!adnii:~ loiw'i m rh,• iavout of ;.lie site piad proposars as .hatted. i!:er _.j lei. Page 2 - Minutes • Regular Meeting of August 21, 1996 Southold Town Board of Appeals III. PUBLIC HEARINGS, continued: The Chairman read the legal notice for each of the following hearings. 7:30 p.m. Appl. No. 4409 - VINCENT AND LINDA BASILICE Request for a Variance under Article XXIII, Section 100-239.4B based upon the Building Inspector's July 23, 1996 Notice of Disapproval concerning an application for a building permit to construct addition to existing dwelling, four feet of which will be located in the rear yard, within 75 feet of bulkhead. Location of Property: Peconic Bay Estates, 3255 Bay Shore Road, Greenport, NY; County Parcel ID #1000-53-6-8. This parcel consists of 11,625+- sf. A public hearing was held (see tape recording, and/or when finalized in written form, see written transcript of all statements made under separate cover). Following discussions during the hearing, the board deliberated and took action, as noted below: ACTION OF THE BOARD OF APPEALS APPLICANTS: VINCENT and LINDA BASILICE. Appl. #4409 LOCATION OF PROPERTY: 3255 Bav Shore Road, Greenport, NY, also shown on the Subdivision Map of Peconic Bay Estates. COUNTY TAY MAP DISTRICT 1000, SECTION 53, BLOCK 6, LOT 8 BASIS OF ACTION: July 23, 1996 Notice of Disapproval from the Building Inspector, ref. Article XXIV, Section 100-244B of the Zoning Code concerning proposed 49 ft. setback from existing timber bulkhead for a new dwelling addition (extension of 4' by 21' into the rear yard). MOTION MADE BY: R. Villa SECONDED BY: S. Doyen RESOLUTION ADOPTED: APPROVED 49 FT. SETBACK FROM EXISTING BULKHEAD for the proposed 4' x 21' extension at the rear of dwelling which was-referred for ZBA jurisdiction under the July 23, 1996 Notice of Disapproval from the Building Inspector. (Note: An on-grade patio as shown on the 7-10-96 sketch has not been a part of this application since the zoning code exempts patios at or below grade from the permit requirements. Any on-grade patios, sidewalks, and other improved areas shall not be enclosed without further application to the Building Inspector for permits, and if necessary to this board and other agencies having jurisdiction.) REASONS/ FINDINGS: Addition is proposed with a reduction of the existing established setback from 53 feet to 49 feet to allow for a new addition. The portion of the addition which has been disapproved by the Building inspector involves a 4' by 21' wide protrusion into the rear yard. The setback reduction is minimal in relation to the code requirement, and this is the first variance request for a reduction concerning this parcel. VOTE OF THE BOARD: Ayes: Serge J. Doyen, James Dinizio, Jr., Robert A. Villa, and Gerard P. Goehringer. (Member Tortora was absent.) This r^solution was unanimously adopted. Page 3 - Minutes Regular Meeting of August 21, 1996 Southold Town Board of Appeals III. PUBLIC HEARINGS, continued: 7:34 p.m. Appl. No. 4406 - BARBARA ADAMS. Request for Variance based upon the June 18, 1996 Building Inspector's Notice of Disapproval wider Article III, Section 100-33 issued on the following grounds: A building permit application has been filed requesting the location of an accessory building in an area other than the rear yard at 8100 Indian Neck Lane, Peconic, NY; County Tax Map Parcel 41000-86-07-9. A public hearing was held (tape recordings are available for listening of actual discussions, alternatively, or see written verbatim transcript of hearing record when finalized - prepared under separate cover, separate from the Minutes of Actions). ACTION TAKEN: Following discussions during the hearing, action was taken as follows by the Board: Motion by Chairman Goehringer to close (conclude) the public hearing, pending reinspection by himself and possibly with another board member and measure. It will more than likely be this weekend that I will measure it. This motion was seconded by Member Dinizio, and duly carried by all members present (4-0) voting; Member Tortora was absent. (A determination with deliberations was not commenced, but is expected within 62 days of the close of this hearing.) 7:38 p.m. Appt. No. 4403 - PATRICIA AND THOMAS MONAHAN, Owners. Request for a Special Exception to establish Accessory Bed and Breakfast Use. with owner-occupancy and residency, as regulated under article IIIA, Section 100-30A.2-3 (ref. 100-31B(14a-d, and 100-31B, limited to the renting of not more than three rooms for lodging and serving of breakfast to not more than six casual and transient roomers, provided that the renting of such rooms is cleariv incidental and subordinate to the principal use of the dwelling. Location of Property: 26350 Main Road, Southold, NY; County Parcel ID $1000-109-4-5. A public hearing was held (see written transcript of hearing when finalized, prepared under separate cover, or tape recording for -all statements made will be available alternatively, for actual statements and discussions made during the hearing). C'TION TAKEN: Following the public hearing, deliberations and de.t.erminatiou were adopted, as follows: Appl. ;4403 FINDINGS AND DETERMINATION august 21, 1996 APPLICANTS: PATRICIA and THOMAS MONAHAN. i.OCATION OF PROPERTY: Single-family dwelling built prior to April 1957 situated on approxim•itely one-third acre at 26350 Main Road, Cutchogue, NY COUNTY TAX MAP DISTRICT 1000, SECTION 109, BLOCK 4 LOT a. R-40 Residential `Lone District. (Also, see Certificate of Nonconforming Premises F. Or n ;inLrle-family dwelling, Certificate =Z-229-18 dated 1114/94 issued to Marian A. C;'mhe~md). 13ASIS OF REQUEST: Article ill, Section 100-30A.2B and 100-31B(14a-d), Zonincr Code as amended 2-7-95 by Local Law 43-1995 which provides for an ulowanc..• in 'o 'hrv•c• 'oodrooms for rencil as an Accessory Bed and Page 4 - Minutes Regular Meeting of August 21, 1996 Southold Town Board of Appeals Breakf ist subordinate and incidental to the principal single-family dwelling use for lodging and serving of breakfast to not more than six (6) casual transient roomers. DESCRIPTION OF REQUEST: Special Exception permit for Accessory Bed and Breakfast Use, subordinate and incidental to the applicants' single-family residence (principal use), requesting rental by owner-resident of two rooms (instead of three rooms) for temporary, transient lodging with breakfast, limited to a maximum of six (6) casual and transient roomers in accordance with conditions (a), (b), (c) and (d) as per Section 100-31B(14). MOTION MADE BY:J. Goehringer SECONDED BY: J. Dinizio Jr. ACTION/ RESOLUTION ADOPTED: Granted with the condition that there be no backing out of vehicles onto the Main Road that there be two parking s aces provided for the B & B near the garage as proposed, and subject to com fiance at all times with current Section 100-31B04) subsections (a) through (d) and other laws and regulations applicable to this accessory use. REASONS/ FINDINGS: Standards under Section 100-263 & 100-264 have been considered, and met in the issuance of this Special Exception; proof has been submitted for the record to show intended compliance with zoning code (see file and hearing record). VOTE OF THE BOARD: Ayes: Serge J. Doyen, Robert A. Villa, James Dinizio, Jr., Gerard P. Goehringer. (Member Tortora was absent.) This resolution was unanimously adopted 4-0. Page 5 - Minutes Regular Meeting of August 21, 1996 Southold Town Board of Appeals PUBLIC HEARINGS, continued: 8:07 p.m. Appl. No. 4404 - RICHARD NEMSCHICK and SUZANNE AUER. Request Luider Section 100-244B for Variance based upon the Building Inspector's July 16, 1996 Notice of Disapproval wherein applicants have applied for a building permit to construct new dwelling with a setback at less than the required 60 ft. in this R-80 Zone District. Subject property is known as 1035 Sebastian's Cove Road, Mattituck, a/k/a Lot #9 on the Sebastian Cove, Section II Subdivision Map; County Tax Map Parcel ID 41000-100-3-11.14. A public hearing was held (tape recording for all statements is available, and/or see written transcript, when finalized, of all verbatim statements /discussions during the public hearing - prepared under separate cover). ACTION TAKEN: Following the public hearing, deliberations and determination were adopted, noted as follows: ACTION OF THE BOARD OF APPEALS APPLICANTS: RICHARD NEMSCHICK & SUZANNE AUER. Appl. #4404 LOCATION OF PROPERTY: 1035 Sebastian's Cove Road, Mattituck, a/k/a L,ot 9 nn the Sebastian Cove, Section II Subdivision Map. (;Of N'rY TAX MAP DISTRICT 1000, SECTION 100, BLOCK 3, LOT 11.14 BASIS OF ACTION: July 16, 1996 Notice of Disapproval from the Building inspector, ref. Article XXIV, Section 100-244B of the Zoning Code concerning proposed 50 ft. front yard setback from property line adjoining cul-de-sac. MOTION MADE BY: S. Doyen SECONDED BY: J. Goehringer ACTION/ RESOLUTION ADOPTED: APPROVED 50 ft. front yard setback as applied. REASONS/ FINDINGS: Local Law adopted by Town in December 1995 did not continue language for reduction in setbacks for subdivisions approved by the Town for lots over 40,000 sq. ft. which today are nonconforming in relation to the lot size bulk schedule for their zone designations. No relief is presently provided for lots over 40,000 sq. ft. in size which are nonconforming in an R-80, R-120, R200, or other zones, although schedule 100-24411 allows for relief for lots under 40,000 sf. in size. The only alternative available Cor owners of lots over 40,000 sf. is to request a variance- This type of variance is not uncommon for lots fronting along c111-de-sacs, and the reduced front yard setback is similar, or the same, as those built prior to January 1996 in this subdivision and immediate areas. VOTE OF THE BOARD: Aves: Serge J. Doven, James Dinizio, Jr., Robert A. `Tula, and Gerard P. Goehringer. (Member Tortora ,Jas absent,.` ' '711is resoiution was unanimously adopted. Page 6 - Minutes Regular Meeting of August 21, 1996 Southold Town Board of Appeals PUBLIC HEARINGS, continued: 8:11 p.m. Appl. No. 4405 - GEORGE and CAROLE BAMBRICK. Request for Variance under Section 100-30A.3, Bulk and Lot Size Schedule, based upon the Building Inspector's July 17, 1996 Notice of Disapproval for a proposed reduction in lot size of Parcel ID ;#1000-59-5-8 and proposed increase in lot size of Parcel known as 85 Lake Court, Southold, Parcel ID 41000-59-5-7. Both lots are presently nonconforming in lot size in this R-40 Residential Zone. A public hearing was held (tape recorded, see written transcript, when finalized, of verbatim statements and discussions during the hearing - hearing transcripts are prepared separately from Minutes of Actions. ACTION TAKEN: Following the public hearing, deliberations and determination were adopted, as follows: ACTION OF THE BOARD OF APPEALS August 21, 1996 APPLICANTS: GEORGE AND CAROLE BAMBRICK. Appl. ##4405 LOCATION OF PROPERTIES: Parcel 1000-59-5-7 referred to as 85 Lake Court owned by George and Carole Bambrick, and Parcel 1000-59-5-8 owned by Brian and Brendan Bambrick referred to as 155 Lake Court, Southold. BASIS OF ACTION: Request of George and Carol Bambrick to change tot line and increase size of nonconforming lot as referred to in the July 17, 1996 Notice of Disapproval from the Building Inspector. Section 100-30A.3, Bulk Area and Parking Schedule in the Zoning Code - one nonconforming tot will be reduced while the other lot will be increased in size. The Zoning Code does not permit reduction in nonconforming lot sizes without variances. MOTION MADE BY: R. Villa SECONDED BY: S. Doyen RESOLUTION ADOPTED: APPROVED exchange of land area to increase nonconforming lot from 7000 sf. to 14096 sf, while reducing nonconforming lot to a size of 16,604+- sf. as shown on survey map amended July 10, 1996 prepared by Roderick VanTuyl, P.C. REASONS/ FINDINGS: Nonconforming setbacks will be increased on smaller lot located on a corner, by enlarging rear/side yard area. Each parcel will be more in character with nearby configurations. VOTE OF THE BOARD: Ayes: Serge J. Doyen, James Dinizio, Jr., Robert A. Villa, and Gerard P. Goehringer. (Member Tortora was absent.) This resolution was unanimously adopted. Page 7 - Minutes Regular Meeting of August 21, 1996 Southold Town Board of Appeals PUBLIC HEARINGS, continued: 8:16 p.m. Appl. No. 4407 - HUGH and ROSEMARY MURPHY. Request is made for a Variance under Article XXIV, Section 100-244 (original application), based upon ZBA Appeal $4370 rendered 4/3/96 which was limited to approval for a porch addition to an existing dwelling. This application is a request filed with the Building Inspector on 7/18/96 to reconst.rttet dwelling and add proposed porch addition. The second application may contain new circumstances which were not concluded at the hearing for the first application regarding the condition of the existing dwelling. The existing dwelling is to be rebuilt maintaining the same nonconforming front, side and rear yard setbacks. Location of Property: 3105 Oaklawn Avenue, Southold, NY; County Parcel ID '1000-70-6-8. A public hearing was held (tape recorded; see written transcript of all statements and discussions during the hearing prepared separately from the Minutes of Actions, or tape recordings are available to listen to, alternatively). At the end of discussions, the hearing was carried over until September 19, 1996. ACTION TAKEN: Motion was made by Member Dinizio, seconded by Chairman Goehringer, and duly carried, to continue the hearing on September 19, 1996. 8:30 p.m. Appl. No. 4402 - BARBARA P. KELLY. Request is made for a Waiver tinder Section 100-26, based upon the Building Inspector`s July 8, 1996 Notice of Disapproval which action indicates that according to Article 11. Section 100-25A, that Lot 41000-104-2-28 and Lot '1000-104-4-29, have been lleld in common ownership since July 1, 1983, and were created between April 9, 1957 and December 1, 1971. Street Address: Bay Avenue (Skunk Lane.), Cutchogue, NY. A public hearing was meld but at the end of the hearing, Mrs. Kelly requested, and was granted by the Board, a postTionement until September 19, 1996 to consult her attorney. ACTION TAKEN: Motion by Member Goehringer, seconded by Member Villa, to recess the hearing as requested by Mrs. Kelly until September 19, 1996. This resolution was duly carried (4-0 vote), and adopted. Tile hearing will be copthnwd September 19, 1996. `9: !3 p.m. Appl. No. -1408 - JOSEPH and AMY-SUE MALAVE. Request is made Cur a Variance tinder Article XXIV, Secr_ion 100-24413, based upon the BI-lildin> iual>ector'~ -July 39. 1996 Notice of Disapproval `or approval of a portion (,,nrner) of new dwelling, under construction as exists, with a reduced front card of one soot (or slightly less). This 40,252 Sf parcel is (ruled in 'he. R-.io 7,olle District it. ^_45 White Eagle Drive. Laurel, NY: n G.>lucn thew !'states (108-1) Filed flap, Lut A oublic hearing was ~Irltl .~allW 'i'0('0 rd In 1W ror b11I STI IP!TleI I l.S made, all d, or- when finalized, a r ~)UIlt17 1';1llti,""Ill ~,I Mil ;ta CP:r1P!1 tti -111d :iiscltssio11S ;luring zlle nearing :i"': PII'!-,•_l in~li`[' ",Y.l i'll l~". P:'i'PI. 1EN: .IP t;u :I .:"'i1 1,1. 1P17""i lllolls Ind _i Page 8 - Minutes Regular Meeting of August 21, 1996 Southold Town Board of Appeals APPLICANTS: MR. AND MRS. JOSEPH MALAVE. Appl. 44408 LOCATION OF PROPERTY: 245 White Eagle Drive, Laurel, a/k/a Lot 427 on the Map of Golden View Estates. COUNTY TAX MAP DISTRICT 1000, SECTION 127, BLOCK 9, LOT 27 BASIS OF ACTION: July 29, 1996 Notice of Disapproval from the Building Inspector, ref. Article XXIV, Section 100-244B of the Zoning Code concerning proposed 59 ft. front yard setback of new dwelling (as built) as measured from property line adjoining White Eagle Drive. MOTION MADE BY: J. Goehringer SECONDED BY: J. Dinizio. ACTION /RESOLUTION ADOPTED: APPROVED 59 FT. FRONT YARD SETBACK as applied and shown on Survey of July 26, 1996 prepared by Young & Young, L.S. REASONS /FINDINGS: Local Law adopted by Town in December 1995 did not continue the code language allowing for reduction in setbacks for subdivision lots which today may be nonconforming and over 40,000 sq. ft. There is no relief currently provided for these lots except by variance application, although schedule 100-244B allows for relief for lots under 40,000 sf. in size. The only alternative available for owners of lots over 40,000 sf. is to request a variance. The variance requested is one foot from the required 60 ft. (eff. 1/96). This type of variance is not uncommon for lots in a subdivision containing lots of this size (40,242 in an 80,000 R-80 zone), and the reduced front yard setback is similar to, or the same as, those built in this subdivision and immediate areas which were formerly allowed with a 50 ft. setback by code provision (100-244) prior to January 1996. VOTE OF THE BOARD: Ayes: Serge J. Doyen, James Dinizio, Jr., Robert A. Villa, and Gerard P. Goehringer. (Member Tortora was absent.) This resoTution was unanimously adopted. - Page 9 - Minutes • • Regular Meeting of August 21, 1996 Southold Town Board of Appeals POSTPONEMENT NOTED, AS PER REQUEST OF APPLICANT: Appl. No. 4397 - ALLEN W. OVSIANIK. Request is made for an interpretation of the January 10, 1989 Zoning Map, Article II, Section 100-21, and Article III, Section 100-31A to confirm location of zoning district line of the "B" Business Zone District (ref. Article II, Section 100-21) . Property Location: 225 Eugene's Road, Cutchogue, NY; County Ta:x Map ID #1000-97-2-16.5 and 15. Present Zoning: General Business for the northerly portion, and R-80 Residential for applicant's property to the south. No other action was taken in this project at this time. x * x CROSS SOUND FERRY - SEQRA COORDINATION. Chairman Guehringer requested a radius map showing 200 ft. from the principal site of Cross Suruid Ferry Services to be included into the record. He also briefed the Board Members on the recent August session of the Town Board at which he was asked to speak regarding procedures and areas in general which involve consideration after a Notice of Disapproval from the Building Inspector. All Board Members agreed with the Planning Board's assuming lead agency status at this time. No other comments. action or resolution was offered at this time by ZBA members except as noted above. x * INFORMAL INQUIRIES BY JODY ADAMS of Peconic. Procedures of board applications and the resolution closing of the public hearing regarding the application of Barbara Adams were discussed briefly between Ms. Adams and ZBA. Jody Adams does not presently have an application before the Board, nor is one pending. Ms. Adams is objecting to her sister's variance request for an accessory shed location, which has fully been entered into the permanent file and public hearing record. A(;[-NDA ITEM NOTED THE NEXT MATTER AS A CARRYOVER FOR DELIBERATIONS/DECISION. (which hearing was concluded previously): Appl. No. 4401 - DAVTD DeFRIEST (as Tenant). (Owners: Mr. and Mrs. Joseph Gnozzo). Request for Variance based upon the June 3, 1996 Buildiir- Inspector's Notice of Disapproval under Article VIII. Section 100-81A, issued on the following grounds: Automobile rental use is not a pormittt-d nse in (his Limited Business (LB) Zone District.. Location of 'rnperty: 73265 Main Road. Greenporr„ NY; County Parcel ;1000-45-3-2. Sizo: 5-- ,roes. The Board briefly discussed whether to srart deliberations witbout_ the presence of Nlember Tortora. NO \(-T!ON Tti -.vas rwreed nut to take auv action, until the next at~ninr ~1ea iin'~ f~,r ;nesvuc ,f n t'uil iruar-a. Page 10 - Minutes • • Regular Meeting of August 21, 1996 Southold Town Board of Appeals NEX'T' HEARING CALENDAR: On motion by Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, to confirm the September Regular Meeting and public hearings to be changed from September 18, 1996 to September 19, 1996, and to authorize advertisement of all new applications which are deemed complete by the Chairman and Board Secretary. Vote of the Board: Ayes: Members Doven, Dinizio, Villa, and Goehringer. (Member Tortora was absent). This resolution was duly adopted. # 8 Planning & Zoning Committee session was confirmed for tonight. Members Dinizio and Goehringer agreed to attend. There being no other business matters properly coming before the Board at tliis time, the meeting adjourned at approximately 9:30 p.m. Respectfully submitted, Linda Kowalski As Prepared 8/28/96 RECEIVED AND FILED BY THE SOUTHOLD TO CLERK ' r DATE F~--% ~J Town ;e*-c, T,,vm of Southold oS~FFOLit o Town Hall, 53095 Main Road ~+0 • P.O. Box 1179 Southold, New York 11971 JUDITH T. TERRY FAX (516) 765.1823 TELEPHONE (516) 765-1801 TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 28, 1996 Jody Adams: I spoke to Linda Kowalski about producing the minutes of the August 21st meeting. She is fairly certainly she will have them available within the two week time frame. I also spoke to her about the possibility of your listening to the tape(s) of the August 21st meeting. She said she would arrange for you to listen to the tape. Please contact her to make the necessary arrangements. P SASE ~.E THAT W 7 0= BOT =-J` - OF i TC ` TIE ZBA AND BUILDING DEPARTMENT August 28, 1996 TO: Judith Terry, FOIL person for Town of Southold RECENED CC: ZBA and Building Department AUG 2 8 1996 Town Clerk Southold Dear Ms. Terry: we verbally 'discussed' the seeming fact that the ZBA is not following state law in relation to the production of minutes of its meetings in a timely fashion. I ask that you discuss this problem with them and the Town Board and see if they can be brought into conformity. In instances of continued hearings especially and in instances where Article 78's are contemplated, early review is essential. C(~mu In re the Building Department and its records keeping I call your attention to page 10166 (section 100-280) of the Southold Code: please see Section C: Said Building Inspector shall keep a record of every identifiable complaint of a violation of any of the provisions of ........(PLEASE READ ENTIRE SECTION) I need an interpreation of "identifiable and would like to note and complain about the following and request a repeat visit and record keeping: At 8100 Indian Neck Lane, Peconic, NY the present occupant has built an affized edifice which is either a deck or variation of patio. I spoke a yaaror more ago to Mr. Fish who asked for my statement in writing which I provided. Someone, recently reidentified went to the property and apparently was talked into the determination that the structure was a patio (no permit) rather than a deck (permit). The difference seems to be whether a four inch above ground level is 'flush' or not. No record has yet been able to be found by that Department. My understanding of the local law indicates that records should have been kept....I amasking therefore, t~t a new vis' and 'ro'-'S `.L ztten report be made under FOIL and own aw Jo dams POB ' 33 Peconic, NY 11958 IL AUG 2 g August 23, 1996 to: Zoning Board of Appea s- in re: pending decision on application of Barbara Adams for an exception allowing her to leave a shed 'where it is, wherever that may be. Due to hasty and perhaps illogic reaction on the part of your chairperson, the hearing was closed rather than held over. Your chairperson is allegedly to make a house call at the property to what intent I am not quite sure this visit probably to be Saturday August 23, 1996. First, I have to apologize to your entire Board for being a person no faith at all. My objection to a decision without facts was legitimate but I had no confidence that it would be allowed. To a degree I have an inkling of why your chair changed from holding thehearing over to closing it but I have to state cate mprically that it was not a logical nor fair decision. HOWEVER, I see infinte problems with your systems a few of which I would like to point out. (one) When the application for a building permit was made for the shed, had the Building Department obtained needed information before denying the application, that information would then have been available to the public and your Board. Apparently, they simply vetoed the application, sending it to you or directing her to you, without obtaining the plans and other things the Building application calls for. Perhaps you committee could work with the Building Department to see if a different procedure might be more valuable. Further, in this case, Linda simply ignored these failures to provide information which should have been clearly demanded initially. 2. Further, since I am truly tired of being screwed over by various authority figures if you do not reschedule either the second half of this liearing or a new one I will challenge any decision made in court. As noted, the public could not fairly comment without the needed information. You cannot make a decision without needed information. The Building Department will get it but not before your decision is made. I am talking to a surveyer about the fence line along the road whkh should lead to the relocation of the fence and greater clarity in terms of the shed location. I ask that you take this letter as seriously as it is intended. No decision without a public hearing with suggicient information available to the public to discuss and comment on the issues can be legal. Since the chair did close the hearing I do not at this time know what procedures are available to you. I also feel that your Board should have legal counsel as noted in this case because of your apparent failure to know the apparent law relating to auxiliary buildings and waterfront properties. I am sorry that my nonverbal response led to Mr. G's thoughtless decision. Even wearing a paper bag and long dress, my feelings - real or fakes can and will be expressed and should not lead to reactions such as Mr. G's. Further, no matter what he does Saturday, the applicant has to file the needed informs. 'on. I DO OT HAVE TO GO T 1) COURT. \ Jod dams POB 33# Peconic, NY 11958 0 The Zoning Board of Appeals Dear Sirs In desperate need of a storage shed because I am too old and too unsteady to climb the ladder leading to the only storage area in the house, I bought the ready-made shed now under dispute. With all good intentions I bought the best looking shed available locally, and put it in what seemed to me to be the most attractive and logical space in what I considered to be my back yard As you can see in the enclosed survey which my cousin Margery Prellwitz found in an old desk, the property on 8100 Indian Neck Lane is an unusual elongated rectangle, narrowing towards the rear. Because of its peculiar configuration, and the fad that it is a comer lot, it doesn't fit into the normal categories described in the zoning code. Usually properties on the bay or sound have the access road parallel in the back. In the case of my properly the road is on the side. This i nusual and atypical and is the reason why the shed is placed in wAbobbmp*sedir what ever y body agrees 0 in the real backyard of my property! Were the shed to have been placed in the area designated by the building inspector, it would have been in either the front yard or side yard of Mr. Dawson, depending on definitions. It would also have been inaccessible to the areas where It was needed. According to all the architects and town planners I have consulted the shed is placed logically and artistically in the most appropriate site . In its present location the shed is near what has always been the utility area of the house since 1915 and easily accessible to the garage and rear door. When builders inspected the filthy collapsing wreck that I acquired two years ago, they all said "bulldoze lt' Instead I chose to carefully and lovingly restore it to the charming homey beach cottage that it had been when my mother was in residence. The site and cottage are said to have been the original Seagyan club, so the building may have some historical significance. That is why I rejected the kind suggestion of the building inspector that I could avoid asking for a variance by bolding it to the building.. I felt that such a move would have disturbed the integrity of the building and not looked nice from the road.. All the neighbors and others who pass my house on their way to the beach have praised the restoration and beautification of what used to be a tragic slum and I love the way 1 have placed the pretty shed, as well as the plantings surrounding it. In view of all of the above I respectfully beg for your compassion and understanding in granting a variance so that I can get on with oHwar necessary repairs such as repieci g the rotten improvised front porch with an exact replica of that which was onginalty attached to the house when I used to spend happy childhood summers there. Thank you so much for your kind consideration in granting this variance. pf Q Barbara Adams i r The Zoning Board of Appeals Dear Sirs In desperate need of a storage shed because I am too old and too unsteady to climb the ladder leading to the only storage area in the house, I bought the ready-made shed now under dispute. With all good intentions I bought the best looking shed available locally, and put it in what seemed to me to be the most attractive and logical space in what I considered to be my back yard As you can see in the enclosed survey which my cousin Margery Prellwitz found in an old desk, the property on 8100 Indian Neck Lane is an unusual elongated rectangle, narrowing towards the rear. Because of its peculiar configuration, and the fact that it is a comer lot, it doesn't ft into the normal categories described in the zoning code. Usually properties on the bay or sound have the access road parallel in the back. In the case of my property the road is on the side. This 150urnusual and atypical and is the reason why the shed is placed in willrAir}hnoa# what evenlybybody agrees Is in the real backyard of my property. Were the shed to have been placed in the area designated by the building inspector, it would have been in efther the front yard or side yard of Mr. Dawson, depending on deffi0ons. ft would also have been inaccessible to the areas where it was needed. According to all the architects and town planners I have consulted the shed is placed logically and artistically in the most appropriate site . In its present location the shed is near what has always been the utility area of the house since 1915 and easily accessible to the garage and rear door. When builders inspected the filthy collapsing wreck that I acquired two years ago, they all said 'bulldoze lt' Instead I chose to carefully and lovingly restore it to the charming homey beach cottage that it had been when my mother was in residence. The site and cottage are said to have been the original Seagyan dub, so the building may have some historical significance. That is why I rejected the kind suggestion of the building inspector that I could avoid asking for a variance by tickling It to the building.. I felt that such a move would have disturbed the integrity of the building and not looked nice from the road.. All the neighbors and others who pass my house on their way to the beach have praised the restoration and beautification of what used to be a tragic slum and I love the way 1 have placed the pretty shed, as well as the plantings surrounding lt. In view of all of the above I respectfuW beg for your compassion and understanding in gwhnng a variance so that I can get on with other necessary repairrs such as replacing the rotten improvised front porch with an exact replica of that which was originally attached to Me house when l used to spend happy childhood summers there. Thank you so much for your kind consideration in granting this variance. -t eta Q JOL. Barbara Adams t4 N ~ T ~ J- . f ~ f= 1 PHOTOGRAPHER BOB DAY 212-475-7387 C f I A I R Nl t`. N - ZONING BOARD 01: APPEALS 4%,3 9G SOUTHOLD TOWN SOUTHOLD TOWN HALL SOUTHOLD , NY 1 1971 RE: 8/21/96 HEARING - BARBARA ADAMS -VARIANCE TO KEEP SHED WHERE IT 1"). MY FAMILY AND 1 OWN A SUMMER RESIDENCE ;ACROSS THE STRFFI* FROM BARBARA ADAMS ON INDIAN NECK LANE IN PECONIC. IN THE LAST- YEAR MS. ADAMS HAS MADE MANY IMPROVEMENTS TO THE LOOK OF HER PROPERTY WHICH [JAI) PREVIOUSLY BEEN KEPT IN A FILTHY AND UNMAINTAINED CONDITION. SHE HAS DONE ALL, HER NEIGHBORS A GREAT FAVOR BY REPA IRING FENSES, RE- PLANTING GARDENS AND FIXING UP THE HOUSE AND PROPERTY IN GENERAL. WE UNDERSTAND THAT, ACCORDING TO THE REGULATIONS.SUF. INSTALLED HER GARDEN SHED IN AN IMPROPER PLACE. FRANKLY. WE THINK IT IS IN A VERY GOOD SPO'T'. IT HAS IMPROVED THE LOOK. AND BALANCE OF THE YARD AND IS NOT AN EYESORE AT ALL. IT IS SURROUNDED BY NICE PLANTINGS AND DID NOT REQUIRE THE CUTTING OF TREES T'0 INSTALL. ONE HARDLY NOTICES IT. AT iA11L. PLEASE GIVE HER THIS VARIANCE.. YOURS SINCERELY, BOB DAY 3055 INDIAN NECK LAND PO BOX 299 PECONIC ,NY 1 1958 88 Wyckoff street • brooklyn • new york • 11201 ec A"iZ el(;iAy JAMES W. DAWSON 23 ROMOPOCK COURT MAHWAH, NJ 07430 Ir, 1,9-96 -~LJ ozuc~ kv~ GL 'Lek n ate' ~,(~o_ ?~,1 aka - - Q G~ /i olz ii9.s~ )Lit 7"Lt~l,L,y •~•-'~iLy L-~+G~(:L/~-- -~I ri //fir ~(/'/7 t~ l'.-.+:•t-/." -h-.-~.00,y. „~G,~.~•.~L - .,;may h.-t- 2x/ ~c0,1/ ao~ del MRS. FREDERICK C. FIsa-mR J INDIAN NECK LANE !I PECONIC, NEW YORK 11958 j !(~a xo ~2ftur7 ax , I_Jl~ 4el I AUG 1 2 1996 August 5, 1996 V~ Zoning Board of Appeals Southold Town Hall Southold, N. Y. 11971 Dear Zoning Board Members, It has come to my attention that a property improvement by Barbara Adams at the end of Indian Neck is being protested. As a part-time resident and full-time taxpayer for 34 years, with family members having settled on Indian Neck in 1900, I would like to have made part of the record that I am very pleased with the upgrading recently accomplished on this prime property. Previously the occupant had caused a shameful deterioration which was to the detriment of all of us who value highly our shorefront properties. The current owner continues to add valuable improvement to the interior, exterior and to the important landscaping and natural beauty of the property. The structure in question is most attractive and adds a great deal to the appearance of the area. Neighbors I have discussed this with have told me they believe this "shed" is a most attractive addition and is a real plus to the property. I respectfully request that this "protest" be treated for the frivolous action it appears to be. Vfa," rely urs, _ )JJ Nancy obinson osel 1060 Mill Road Circle Jenkintown, Pa. 19046 P1IOTOGRA~HER BOB DAY 212-475-7387 AUG - 7 NY)(; i i CHAIRMAN ZONING BOARD OF APPEALS g%3%96 SOUTHOLD TOWN SOUTHOLD TOWN HALL SOUTHOLD, NY I I,:). i RE: 8.21!96 HEARING - BARBARA ADAMS VARIANCE TO KEEP SHED W11FRE IT I MY FAMILY AND I OWN A SUMMER RESIDENCE ACROSS Tm-- STRFFT' FROM BARBARA ADAMS ON INDIAN NEC1= LANE IN PECONIC. IN THE LAST YEAR MS. ADAMS HAS MADE MANY IMPROVFMI:NT S TO THE LOOK OF HER PROPERTY WHICH HAD PREVIOUSLY BEEN KEPT IN A FILTHY AND UNMAINTAINED CONDITION. SHE HAS DONE ALL-. HER NEIGHBORS A GREATFAVOR BY REPAIRING FENSES, RE- PLANTING GARDENS AND FIXING UP THE; MOUSE AND PROPERTY IN GENERAL. WE UNDERSTAND THAT , ACCORDINGTO THE REGULATIONS.SIIE INSTALLED HER GARDEN SHED IN AN IMPROPER PLACE. FRANKLY. WE THINK IT IS IN A VERY GOOD SPOT. IT IIAS IMPROVED THE. LOGIC AND BALANCE OF THE YARD AND IS NOT AN EYESORE AT ALI.,. IT IS SURROUNDED BY NICE PLANTINGS AND DID NOT REQUIRF. THE CUTTING OF TREES To INSTALL. ONE HARDLY NOTICES IT. AT ALL.. PLEASE., GIVE HER THIS VARIANCE. YOURS SINCERELY. Boa DAY I 8055 INDIAN NECK LAN$ PO BOX 299 PECONIC,NY 11958 88 wyckoff street • brooklyn • new york • 11201 e,f AniZmv;a, 10j))>f?fs JAMES W. DAWSON 23 ROMOPOCI( COURT MAHWAH. NJ 07430 Ir, 1,9-96 O ' AIL ..UJ LtXJ ? _ (Po /3•y 7s-) 71 ~ -eht G l~ ~ n-~/I" ..r/~ ~~CCyK~ ~ ~ ~u~ e. i MRS. FREDERICK C. F1sC4ER J llVDIAN NECK LANE PECONIC, NEW YORK 11958 S S~ Gy>ti rL~'~ ~G~ILTi. Y3 rL`~ttP4CC~ ~(~(.lGi.c.. ~ f t~ v i 7 r~l _ AU6 12 996 August 5, 1996 ~V Zoning Board of Appeals Southold Town Hall Southold, N. Y. 11971 Dear Zoning Board Members, It has come to my attention that a property improvement by Barbara Adams at the end of Indian Neck is being protested. As a part-time resident and full-time taxpayer for 34 years, with family members having settled on Indian Neck in 1900, I would like to have made part of the record that I am very pleased with the upgrading recently accomplished on this prime property. Previously the occupant had caused a shameful deterioration which was to the detriment of all of us who value highly our shorefront properties. The current owner continues to add valuable improvement to the interior, exterior and to the important landscaping and natural beauty of the property. The structure in question is most attractive and adds a great deal to the appearance of the area. Neighbors I have discussed this with have told me they believe this "shed" is a most attractive addition and is a real plus to the property. I respectfully request that this "protest" be treated for the frivolous action it appears to be. Nancy obinson osel urs' 1060 Mill Road Circle Jenkintown, Pa. 19046 AUG 2 7 J'~ MRS. FREDERICK C. FIS + INDIAN NECK LANE I(Yv PECONIC, NEW YORK 1195 :~SQ wr ~ • ~.=Ll~.~ ~.Z.-~? ,~~-.L' 7'~'. ','.sue Ott .z,~ cy. .19 7i air, Yee, T'~L!/ del . . ~ ~ a~~ ~ ~r ' , a • ~ U ~ 91996 V JAMES O231ROMO COURT MAHWAH, NJ 07430 ?Z~ ii9 7/ CL juj ii 9~ ~ y2c~ r rr1- - - p~a~~ V t CM~Y ~ ~ ~ V g ~ n~~ ~N ~2 SO ~f ~ s o L ap S J 16 o~osoF~oc~-~o~ APPEALS BOARD MEMBERS o Southold lbwn Hall `n x Gerard P. Goehringer, Chairman 53095 Main Road G ~ Serge Doyen, Jr. y `g P.O. Box 1179 James Dinizio, Jr. Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD August 20, 1996 Mrs. Barbara Adams P.O. Box 211 Peconic, NY 11958 Re: Application for a Variance (Shed as Exists) Dear Mrs. Adams: Ms. Jody Adams stopped in to review your file today, and dropped off a copy of a survey map dated Sept. 9, 1961 with her notations on it. Enclosed is a copy for your information and update of your file. The shed's dimensions should be confirmed tomorrow at the hearing, or sooner if you prefer. I recall that you did mention the shed to be either 8 x 10, or 8 x 12. Thank you. Very truly yours, Office of the ZBA Enclosure p ~ re 1/wi f'e., Qp Qc~~~s 1 Ad. U 0 9p ~ M.4P OF ~PO~F~c7"Y ~r Y S4/R.V6YEp FO/Z - ; r NP sUIA a , snno.aebw.raa" J p Guorar~t~,~f~f+~{aier c.~urtmiry• . PER/7}/ G7rr dY/IN.S cwio Mnb anymamperq t` ~ ! rbana°.rddido ewer q~ ] ! Bad :e7C1 3'G(rYPyCe.~ S ~-9y19. W~Mvwwkwcw 6wryM Y1la11A1111g1~IWrt7 " K,11 v,'~/ GJ~J ~~I•Z a+/b1Mp~aonbt~lYgNawr / J7 i. W.o.M.MmhYOMrfbM I +.rcemwm.w•+n.n.e~w.Naw g9,S:IGd~19SC1~LGN'<%~~JLF/'(~d},(B/"'~ ~.ro-smwn••auenr.m¦a ~ m aa_:, nat inanitwn. w.•OW~~~~ QK Y - ~ 1 ~ - ~ IANU OV _ ~~gpFFO(,~c APPEALS BOARD MEMBERS Southold'Ibwn Hall Gerard P. Goehringer, Chairman 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 James Dinizio, Jr. Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD August 20, 1996 Mrs. Barbara Adams P.O. Box 211 Peconic, NY 11958 Re: Application for a Variance (Shed as Exists) Dear Mrs. Adams: Ms. Jody Adams stopped in to review your file today, and dropped off a copy of a survey map dated Sept. 9, 1961 with her notations on it. Enclosed is a copy for your information and update of your file. The shed's dimensions should be confirmed tomorrow at the hearing, or sooner if you prefer. I recall that you did mention the stied to be either 8 x 10, or 8 x 12. Thank you. Very truly yours, Office of the ZBA ~0 ~ Enclosure ~iU APPEALS BOARD MEMBERS °~gUFFO(,~~ ~Mlm& 0~ Southold Town Hall Gerard P. Goehringer, Chairman 53095 Main Road Serge Doyen P.O. Box 1179 James Dinizio, Jr. Southold New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A.Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD August 9, 1996 Ms. Barbara Adams 8100 Indian Neck Lane Peconic, NY 11958 Re: Appl. No. 4406 - Variance for Accessory Shed Location Dear Ms. Adams: Letters have been received from supporters and from Jody Adams. Copies of these letters are attached for your update. In the interim, Board Members will need to know the distances of the setbacks from each property line for the shed, as exists and proposed in this variance request. Please either stop by or call us with the information when possible. Very truly yours, Linda Kowalski Enclosures ~..c- AM 14 1996 A~ e4-4 &,vk- /41~ a ,387 UJ04 o~.. c, w AUG 1219A6 August 5, 1996 L Zoning Board of Appeals Southold Town Hall Southold, N. Y. 11971 Dear Zoning Board Members, It has come to my attention that a property improvement by Barbara Adams at the end of Indian Neck is being protested. As a part-time resident and full-time taxpayer for 34 years, with family members having settled on Indian Neck in 1900, I would like to have made part of the record that I am very pleased with the upgrading recently accomplished on this prime property. Previously the occupant had caused a shameful deterioration which was to the detriment of all of us who value highly our shorefront properties. The current owner continues to add valuable improvement to the interior, exterior and to the important landscaping and natural beauty of the property. The structure in question is most attractive and adds a great deal to the appearance of the area. Neighbors I have discussed this with have told me they believe this "shed" is a most attractive addition and is a real plus to the property. I respectfully request that this "protest" be treated for the frivolous action it appears to be. S'nce GAA LVely urs, Nancy obinson ose1 1060 Mill Road Circle Jenkintown, Pa. 19046 PHOTOGR*HER BOB DA10 212-475-7387 *##rU :-7 11MM CHAIRMAN ZONING BOARD OF APPEALS 8/3/96 SOUTHOLD TOWN SOUTHOLD TOWN HALL SOUTHOLD , NY 11971 RE; 8/2 1/96 HEARING - BARBARA ADAMS -VARIANCE TO KEEP SHED WHERE IT IS. MY FAMILY AND I OWN A SUMMER RESIDENCE ACROSS THE STREET FROM BARBARA ADAMS ON INDIAN NECK LANE IN PECONIC. IN THE LAST YEAR MS. ADAMS HAS MADE MANY IMPROVEMENTS TO THE LOOK OF HER PROPERTY WHICH HAD PREVIOUSLY BEEN KEPT IN A FILTHY AND UNMAINTAINED CONDITION. SHE HAS DONE ALL HER NEIGHBORS A GREAT FAVOR BY REPAIRING FENSES, RE- PLANTING GARDENS AND FIXING UP THE HOUSE AND PROPERTY IN GENERAL. WE UNDERSTAND THAT, ACCORDING TO THE REGULATIONS,SHE INSTALLED HER GARDEN SHED IN AN IMPROPER PLACE. FRANKLY, WE THINK IT IS IN A VERY GOOD SPOT. IT HAS IMPROVED THE LOOK AND BALANCE OF THE YARD AND IS NOT AN EYESORE AT ALL. IT IS SURROUNDED BY NICE PLANTINGS AND DID NOT REQUIRE THE CUTTING OF TREES TO INSTALL. ONE HARDLY NOTICES IT. AT ALL. PLEASE GIVE HER THIS VARIANCE. YOURS SINCEREELY, BOB DAY 8055 INDIAN NECK LAND PO BOX 299 PECONIC,NY 11958 88 Wyckoff strel ±rr.brklyn • new york • 11201 RF.AS01'I FOR AP'FAL Cont'n ed 0M j oYkxA ()~r'U irIrCL& aFQ~ d(~EA1~o.yA~. e(4 p,t,ul a lain r kop OCA~ QI1 fltn~t~tt1( p~~" b,~, Y vS eC~~~ 1. SIItICT APPLICATION OF T IE OROIHANCE wox prokice practical difficulties or unneces- sury I IAPDSI IIP because o ~CYSC (64 ~t C`1 1 MV.AA- ii, kV M Q1A~ II~__ /nfinn •t's ;Z••btti.ii " ib.-d~u~4t:c¢ ,~C-Ofcss, t~ I.f, ~ q1AJL C' l cae lMO~ / Wott~ J Qll~c~nl~ C-Ottit" b`M4 Gtuetot,V -Tha T or ot.w-~ (o art s 1A rV L, s 01:14 C ff ,p o IM Q ~ ra -v~ tx(s- K ~WtTt~~ p t 'f~I~~ dt,fral f0 "V bQ o bra ti $oWN Cylam -e ttl`(, a tmoatt.Uv dttLT(~a~lca(/` P c("tsr ire ar-~ attak ..L epttt l "SQSstes, ~q !1~ -~o1LYV.~v i tun is f i1 w~ ti.r'1 ,.t-rt:~-~e koWly dn.ots(..foe fA.(op~.P(ft~~6??~_. 7d tuckr V vH t-f t In rnt,sxt~' r (~o.l. r "fT vvi ' alcti'd `W09 aLA_ QY~sort~ ttss~F6 `~t l.~~o ~7di ? SI { ~!LOtw aleuR~~b 0ZO t, ion rwuA aVae d gi+~ Iunt~v ~a P0 Nac 1.6fi~ S' a.w t~ p(«cac,uu.'~ .~«'tt~t, Wit, t 2. The hardship created is UNIQUE and Is not shored by oil properties alike in the immediate y: vicinity of Ihis property and in this use district because -Tfu t„e rcncla~.e~(a t.JVU 44-08-' JCA A1614tt~LJ tt rQ o q140- B CRY V o. t E.. Loot m e ~ <,Cj;y ~a 6uHJ way 6-41 r7 ~d.V1 ~i Prp-I(ttr-fZ r-t h01 rt"4 oteacl~ east ox Ut~t~~ S? c C~Otcl~i WIti tc - tS 1LGth &kU d MLAA 1r~Siq (Q t +AAAL T [lie Voriance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE ) (:IIARAC:TER OF IIIE DISTRICT because -(-(AO SLLA-1 17 die c.Jla~ ~~o eR~l SFATE OF NT:W YORK ) COUFFTY OF ,cr~rfl k Signolitre Swt?riy ~or 1)~is a'...~............ J: d'o'~~'f .....:.f-11:.). ~.t 1..it!,JL... `l~'14t'!A1 r!•. • Nolory Public HELENE D. HORNE Notary Public, State of New York No. 4951364 Qualified In Suffolk Count ~ Commission Expires May 22, 1 ° VV -t )=079~ 'At 37 . ~ Div. ,J ( _ ` R ;-j 4-a § 45-3 FIRE PREVENTION & BUILDING § 45-5 duties within the appropriations made therefor by the Town Board. Such Assistant Inspectors shall not have enforcement powers, their duties being limited to conducting periodic inspections for compliance with the fire prevention provisions (Chapter C) of the Uniform Code. Assistant Inspectors shall have the same right to enter and inspect buildings and premises as conferred upon the Building Inspector. d` § 45-4. Conflicts with other regulations. Where the provisions of this chapter conflict with or impose a different requirement than any other provision of the Southold Town Code, or any rule or regulation adopted thereunder, the provision which establishes the higher standard or requirement shall govern. § 45-5. Powers and duties of Building Inspector. A. Except as otherwise specifically provided by law, ordinance or regulation, or except as herein otherwise provided, the Building Inspector shall administer and enforce all the provisions of the Uniform Code and regulations applicable to the construction, alteration, repair, removal and demolition of buildings and structures, and the installation and use of materials and equipment therein, and the location, use, occupancy and maintenance thereof. B. The Building Inspector shall receive applications and issue permits for the erection, alteration, removal and demolition of buildings or structures or parts thereof and shall examine the premises for which such applications have been received or such permits have been issued, for the purpose of ensuring compliance with the Uniform Code and other laws, ordinances and regulations governing building construction. 4503 7-10-96 § 45-5 SOUTHOLD CODE § 45-7 C. The Building Inspector shall issue all appropriate notices or orders to remove illegal or unsafe conditions, to require the necessary safeguards during construction and to ensure compliance during the entire course of construction with the requirements of the Uniform Code and other applicable laws, ordinances or regulations. He shall make all inspections which are necessary or proper for the carrying out of his duties. D. Whenever the same may be necessary or appropriate to assure compliance with the provisions of applicable laws, ordinances or regulations covering building construction, the Building Inspector may require the performance of tests in the field by experienced, professional persons or by accredited and authoritative testing laboratories or service bureaus or agencies. 145-6. Records and reports. A. The Building Inspector shall keep permanent, official records of all transactions and activities conducted by him, including all applications received, permits and certificates issued, fees charged and collected, inspection reports, and notices and orders issued. All such records shall be public records, open to public inspection during business hours. B. The Building Inspector shall, as directed, submit to the Town Board a written report and summary of all business conducted by him, including permits and certificates issued, fees collected, orders and notices promulgated, inspections and tests made and appeals or litigation pending. +4 § 45-7. Cooperation with other departments. The Building Inspector may request and shall receive, so far as may be necessary in the discharge of his duties, the assistance and cooperation of the police and fire officers and all 4504 7-10-95 § 45-7 FIRE PREVENTION & BUILDING § 45-8 other municipal officials exercising any jurisdiction over the construction, use or occupancy of buildings or the installation of equipment therein. § 45-8. Building permit required; application for permit. (Amended 5-30-1995 by L.L. No. 11-19951 A. No person, firm or corporation shall commence the erection, construction, enlargement, alteration, removal, improvements, demolition, conversion or change in the nature of the occupancy of any building or structure, or cause the same to be done, without first obtaining a separate building permit from the Building Inspector for each such building or structure; except that no building permit shall be required for the performance of ordinary repairs which are not structural in nature. B. Any building permit issued in violation of the provisions of this chapter shall be null and void and of no effect without the necessity for any proceedings, revocations or nullification thereof; and any work undertaken or use established pursuant to the issuance of a permit in violation of the provisions of this chapter shall be invalid. C. Applications. Every application for a building permit shall contain the following information and be accompanied by the required fee and a plot plan drawn to scale and signed by the person responsible for each drawing. If no such plot plan is available, a survey is required, prepared by a licensed engineer or land surveyor. In addition, plans and specifications shall be filed with the building permit application to enable the Building Inspector to examine such plans to ascertain if the proposed building will comply with applicable building construction, housing and fire codes. (1) The actual shape, dimensions, radii, angles and area of the lot on which the building is proposed to be erected, or of the lot on which it is situated if an 4505 7-10-85 § 45-8 SOUTHOLD CODE § 45-8 existing building, except in the case of the alterations of a building, which do not affect the exterior thereof. (2) The section, block and lot numbers, if any, as they appear on the latest tax records. (3) The exact size and locations on the lot of the proposed building or buildings or structural alteration of an existing building and of other existing buildings on the same lot. (4) The dimensions of all yards in relation to the subject building and the distances between such building and any other existing buildings on the same lot and adjacent lots. (5) The existing and intended use of all buildings, existing or proposed, the use of land and the number of dwelling units the building is designed to accommodate and the necessary computations to establish conformity to the bulk and density regulations. (6) Such topographic or other information with regard to the building, the lot or neighboring lots as may be necessary to determine that the proposed construction will conform to the provisions of this chapter. (7) An application for a building permit for construction on a vacant lot which is not on an approved subdivision map shall be accompanied by a certified abstract of title issued by a title company which shall show single and separate ownership of the entire lot prior to April 9, 1957. D. No building permit shall be issued for the construction or alteration of any building upon a lot without access to a street or highway as provided by § 280-a of the Town Law. 4506 7-lo-ea § 45-11 FIRE PREVENTION & BUILDING § 45.13 B. In the event that an application for a building permit is not approved, the applicant shall be entitled to a refund of fifty percent (50%) of the fee paid, provided that no construction has been commenced. If construction work has been started and the application is not approved, the fees paid shall not be refunded. 45-12. Revocation of building permit. The Building Inspector may revoke a building permit theretofore issued and approved in the following instances: A. Where he finds that there has been any false statement or misrepresentation as to a material fact in the application, plans or specifications on which the building permit was based. B. Where he finds that the building permit was issued in error and should not have been issued in accordance with the applicable law. C. Where he finds that the work performed under the permit is not being prosecuted in accordance with the provisions of the application, plans or specifications. D. Where the person to whom a building permit has been issued fails or refuses to comply with a stop order issued by the Building Inspector. § 45-13. Stop orders. Whenever the Building Inspector has reasonable grounds to believe that work on any building or structure is being prosecuted in violation of the provisions of the Uniform Code or other ap- plicable building laws, ordinances or regulations and not in con- formity with the provisions of an application, plans or specifications on the basis of which a building permit was issued, or in an unsafe and dangerous manner, he shall notify the owner of the property, or the owner's agent, or the person performing the work, to suspend all work, and any such persons shall forthwith stop such work and suspend all building activities until the stop 4609 8-25-84 § 45-13 SOUTHOLD CODE § 45.15 order has been rescinded. Such order and notice shall be in writing, shall state the conditions under which the work may be resumed and may be served upon a person to whom it is directed either by delivering it personally to him or by posting the same upon a conspicuous portion of the building under construction and sending a copy of the same by certified mail. § 45.14. Right of entry. Any Building Inspector, upon the showing of proper credentials and in the discharge of his duties, may enter upon any building, structure or premises at any reasonable hour, and no person shall interfere with or prevent such entry. Z• § 45.15. Certificate of occupancy required; application. A. No building hereafter erected shall be used or occupied in whole or in part until a certificate of occupancy shall have been issued by the Building Inspector. B. No building hereafter enlarged, extended or altered, or upon which work has been performed which required the issuance of a building permit, shall be occupied or used unless a certificate of occupancy shall have been issued by the Building Inspector. C. No change shall be made in the use or type of occupancy of an existing building unless a certificate of occupancy authorizing such change shall have been issued by the Building Inspector. D. The owner or his agent shall make application for a cer- tificate of occupancy. Accompanying his application and before the issuance of a certificate of occupancy, there shall be filed by the Building Inspector an affidavit of the registered architect or licensed professional engineer who filed the original plans, or of the registered architect or li- censed professional engineer who supervised the con- struction of the work, or of the building contractor who supervised the work and who, by reason of his experience, is qualified to superintend the work for which the cer- 4510 8-25-84 § 100-13 SOUTHOLD CODE § 100-13 horses, ponies, mules or goats or any mutation of hybrids thereof, including the breeding and grazing of any or all of such animals; bees and apiary products; fur animals; fruits of all kinds, including grapes, nuts and berries, vegetables; floral, ornamental and greenhouse products; or lands devoted to a soil conservation or forestry management program. ALTERATION - As applied to a building or structure, a change or rearrangement in the structural parts or in the exit facilities, or an enlargement, whether extending on a side or by increasing in height, or the moving from one location or position to another. APARTMENT - An entirely self-contained dwelling unit consisting of a minimum of four hundred fifty (450) square _ feet of living area containing complete housekeeping facilities for only one (1) family, including any domestic servants employed on the premises and having no enclosed space other than vestibules, entrance hallways or porches, or cooking or sanitary facilities in common with any other dwelling unit and/or "apartment." [Added 6.19-1990 by L.L. No. 13-19901 APARTMENT HOUSE - A building arranged, intended or designed to be occupied by two (2) or more families living independently of each other in apartments. [Added 6-19-1990 by L.L. No. 13-19901 APPLICANT - The landowner or the agent optionee, con- tract purchaser or other person authorized in writing to act for the landowner in submitting an application under this chapter. APPLICATION FOR DEVELOPMENT - The application form and all accompanying documents and exhibits required of an applicant by an approving authority for development and/or site plan review purposes. AUTOMOBILE SALES LOT OR BUILDING - A lot or building used for the sale or hire of automobile equipment. This shall be interpreted to include new and used car dealerships and auto accessory salesrooms but not the sale of junked automotive equipment. 10014 s-2s-so § 100-13 ZONING § 100-13 § 100-13. Definitions. [Amended 7-31-731 A. Word usage. Words used in the present tense include the future: the singular number includes the plural, and the plural the singular; the word "person" includes a corporation as well as an individual; the word "lot" includes the word "plot"; the term "occupied" or "used," as applied to any building, shall be construed as though followed by the words "or intended. arranged or designed to be occupied or used." B. [Amended 10.26.76 by LL No. 5-1976; 4-11-78 by L.L. No. 2-1978; 2-1-83 by LL No. 2-1983; 1.21-86 by LL No. 1-1986; 5-17-88 by LL No. 14-1988; 8-23-88 by LL No. 20-1988; 1-10-89 by LL No. 1-19891 Definitions and usages. Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third New International Dictionary of the English Language, unabridged (or latest edition). ACCESS - A physical entrance to property. ACCESSORY APARTMENT - A dwelling unit created in a presently existing one-family dwelling pursuant to § 100- 31B(14). ACCESSORY BUILDING OR STRUCTURE - A building or structure detached from a principal building located on the same lot as and customarily incidental and subordinate to the principal building. ACCESSORY USE - A use customarily incidental and sub- ordinate to the main use on a lot, whether such "accessory use" is conducted in a principal or accessory building. ADDITION - A structure added to the original structure at some time after the completion of the original. AGRICULTURE - The production, keeping or maintenance, for sale. lease or personal use, of plants and animals useful to man. including but not limited to forages and sod crops; grains and seed crops; dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle, sheep, swine. 10013 8 - 26.90 § 100-13 SOUTHOLD CODE § 10 13 SWIMMING POOL - A structure containing an artificial body of water which is greater than six (6) feet long or wide and greater than eighteen (18) inches in depth at any point. Natural or man-made ponds all banks of which have a slope of less than forty-five degrees (45") shall not be included in this definition. TOURIST CAMP - Any lot, piece or parcel of ground where two (2) or more tents, tent houses, camp cottages, house cars or house trailers used as living or sleeping quartets are or may be located, said camp being operated for or without compensation.3 TOURIST COTTAGE - A detached building having less than three hundred fifty (350) square feet of crass-sectional area, designed for or occupied as living and sleeping quarters for seasonal occupancy. t` TOWN BOARD -The Town Board of the Town of Southold. TOWNHOUSE - A dwelling unit in a building containing at least three (3) connected dwelling units divided by common vertical party walls with private entrances to each dwelling. A "townhouse" may include dwelling units owned in fee simple or in condominium or cooperative ownership or any combina- tion thereof. TRAILER OR MOBILE HOME - Any vehicle mounted on wheels, movable either by its own power or by being drawn by another vehicle and equipped to be used for living or sleeping quarters or so as to permit cooking. The term "trailer" shall include such vehicles if mounted on temporary or permanent foundations with the wheels removed and shall include the terms "automobile trailer" and "house car." USABLE OPEN SPACE - An unenclosed portion of the ground of a lot which is not devoted to driveways or parking spaces, which is free of structures of any kind, of which not more than twenty-five percent (25%) is roofed for shelter purposes only, the minimum dimension of which is forty (40) feet and which is available and accessible to all occupants of 8 Fdi"ar's Nor. See Ww Cn. ss. Tourist and Tr"aer Cusp. 10032 2 - 25 - 99 § 100-13 ZONING § 100-13 (2) The location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting and screening devices. (3) Any other information that may be reasonably required in order to make an informed determination pursuant to this chapter for the review and approval of site plans by the Planning Board. SPECIAL EXCEPTION USE - A use that is deemed appro- priate in a particular district if specified conditions are met. STORY - That part of any building, exclusive of cellars but inclusive of basements, comprised between the level of one finished floor and the level of the next higher finished floor or, if there is no higher finished floor, then that part of the building comprised between the level of the highest finished floor and the top of the roof beams. STORY, HALF - Any space, with a minimum clear height of five (5) feet, partially within the roof framing where the clear height of not more than fifty percent (50%) of such space between the top of the floor beams and the structural ceiling level is seven (7) feet six (6) inches or more. STREET - A street, improved to the satisfaction of the Plan- ning Board, which is one (1) of the following: (1) An existing town, county or state highway or street. (2) A street shown on an approved subdivision final plat. (3) A street shown on a map filed with the County Clerk (in ,t accordance with § 280-a of the Tbwn law) prior to Planning Board authorization to review subdivisions.' (4) A street shown on the Town Official Map. STREET LINE - The dividing line between a lot and a street. STRUCTURAL ALTERATION - Any change in the sup- porting members of a building, such as beams, columns. girders, footings, foundations or bearing walls. ' Edit-l- NMr. 9+ 0Ch. ARM. SuMi AA.. W [And. 10031 2.25-89 MI6 l 0 AUG 2 o 1 996 -7 V August 20, 1996 L'"" Z[5/j TOWN pF DEPT THE FOLLOWING IS INTENDED FOR THE BUILDING DEPAD OF 5OUTHOLD TOWN AND PROBABLY TO PRESENT TO THE ZONING BOARD OF APPEALS IN RELATION TO THE APPLICATION OF BARBARA ADAMS TO BE HEARD August 21, 1996 in relation to 8100 Indian Neck Lane IN "talking" to Mr. Fischer and Mr. Fish of the Building Departmett certain statements implications were made in relation to how the Building department conducts its business. Barbara Adams whose name is presently on the deed at 8100 Indian Neck Lane was brought clearly to the attention of both Department s when she purchased and installed and landscaped a shed without consideration of the building or zoning codes or any permissions. She is, I am told, with your two offices fallowing procedures, to date I believe certain questions about veracity might be considered but perhaps they are not yet that relevant...... It is my belief that at the bottom of the hearing and what should be done presently with this property and application is the fact that the property has not been surveyed recently, the ndminal owner lacks sufficient information about placement of pipes, cesspools, well points and other important under ground things to properly place anything at this time and both the Zoning Board of Appeals and the Building Department do not at present have sufficient information to make a legitimate decision. • • 2. My sister alleges that I am intentionally 'harrassing' or wrongfully pursuing she and her tenants I allege that (one) if they are not violating the law this is not relevant and (two) She has proved herself to me to be underhanded and immoral and dishonest and continues to do so so I have no recourse but to pursue my honest beliefs and to fight both evil and someone who has intentionally injured me over a period of years and possibly a lifetime. As such, I am today proferring affadavits and statements which will be sworn to and submitted to the building department along with as much supporting information photogrpahs and other things as I can spare and find. I will also submit Barbara Adams's own words, my personal observations in regard to the house prior to ay reconstruction and the names of those who have seen it since reconstruction that would include tenants and actual and potential builders. I profer several other thingst that despite a seemingly clear title on this property, the title is not clear. That in renting the property (as stated to the ZBA and provable, she is extending its use beyond her individual self and that therefore more evaluation and care and oversight is needed AND THAT THE ISSUE AT THIS TIME IS NOT BEAUTY.... THE PROPERTY IS ALWAYS BEAUTIFUL EXCEPT WHEN THE BAY TURNS BROWN AND TRASH NOR FLUFF WILL EVER CHANGE THAT, nor is it 'the nighbors' or 'the community' whose business it really is not but rather the house needs identification of its various parts and needs, the truth needs telling, the permits need to be in place and, perhaps then, a 3• mrsningful 'variance' and or permit and or approval and or decision can be made. I suggest the SEA postpone any decision until the following has taken places (one) an updated survey including markers, including fence lines, including any stable identifying property lines and markers is made and that the nominal owner be required to find someone able to identify all 'things' under the ground and their locations I would includes wells, well points, esspools (closed and in use), underground pipes anywhere on theproperty especially in relation to water pipes running once upon a time from Prellwitz to "Low House" (8100 Indian Neck lane) (two) a thorough inspection of the inside and outside of the property by the Building Department to be sure that the work done is adequate..... the applying for any permits needed..... the bringing into line any fence deviations and a discussion of what planting and encroaching on the public road (done in planting, by fencing and protduding things from fences) means and whether they should be allowed I am told fences should not encroach and I would presume that parts of the fence should not either and at present they do. As noted, I will attach affadavits and photogrpahs and other infromation supporting my position. In terms of the ZBA and the Bulilding Department I neither support nor reject Barbara Adams's shed application... I note her ignorance of such matters as securing the shed to the ground, its position in relation a well point (near if not ontop of), her seeming untruths in relation to plantings, trees and so on. 4. I ask also that the deck built in the 'rear' of the house be reinspected and the reasons for its acceptance or rejection in terms of need for building permit be recorded and maintained. I ask that the person doing that consider that the deck covers a cesspool and probably connecting water pipes. I am submitting an old survey map with notation of changes especially in terms of beach. Barbara Adams is submitting a flowery and quite inaccurate hand drawing and 'estimate' of distances. It is my personal belief that in correcting encroachments of her fence she will have to lift about half of the new plantings which would intefere with moving the shed to the rearer areas of the property where it belongs. It also could be placed 'in the woods' towards the rear, both positions I would prefer. None of the plantings he has put in are 'mature'. She only planted around the shed within the last month or two I am reasonably sure and nothing would be injured by changing things. As noted, however, I suggest such decisions await more thorgagh plans. I was the sole tenant or occupant of the property at 8100 Indian Neck Lane, Peconic, NY 11958 since 19,9,7 72• When I was forced out the two roofs (almost flat adjacent to the kitchen) were leaking seziDusly and had been for a long time. Various beams and supports in the roof and wall no doubt needed replacing and, no doubt, have been replaced. I believe these things fall under structural repair definitions and require a Building Permit.... which was not asked for. 5• Among those who have looked at the property in this collapsed condition are the former builder, Russ Hillman, the roofer and builder Jacobs (also works for Nina Fischer)... who did some roof work "/M/ available are two different tenants who have lived in the house since some of its repaim have taken place. I again express my belief that a considerable portion of ite fence extending from its original lines (permit needed in my case, I believe?) have fenced in Town property and that various decorations and things related to the fence especially at a little wllkway entrance extend ontothe public road and should be removed. Various plantings seem to be on the public roadway rather than owners (whoever) property and I feel they should not be. This house also presents the problem of stranger parking, owner blocking of property and constant conflict unless clear lines of demaraation are drawn ...this also relates to the end of the road and its access. Nominal owner is no literally harassing this person and possibly others and someone has to stop that! The original fence line had two open driveways and something near the front which allowed access (in the area where the walkway is). I FORMALLY ASK THAT THESE DEFECTS BE CONSIDERED AND THAT THE ZONING BOARD OF APBEALS RESPOND FORMALLY TO THIS FORMAL REQUEST FOR THEIR ACTION. Ewa rN +0 br-~e h,' s I swear the fDY tru t ANN NEW COI A gtis7 1986 Notagry usjyt~ gofK-! ADAMS POE 33, Peconic NY 11958 No. 62-8126860 Sufi ' 0 Term Expires October 31, 31,1 r addenda included B. Adams sketch 1996 1961 van Tuyl survey (with notations) 's eight photographs.(loan) indicating various violations and one area the shed might be relocated explanations are 4 within this text but mostly these are things on public property also onepgtched roof is indicated five two sided pages from the town codes emphasis on STRUCTURAL ALTERATION, BUILDING PERMIT REQUIRED, ALTERATION, CERTIFICATE OF OCCUPANCY, POWERS AND DUTIES OF BUILDING INSPECTOR...RECORDS AND REPORTS copy second page application-to ZBA, scorn to by Barbara Adams regarding "When I gained possession of my family property it was missing two roofs, (note this is addressed to the ZBA and Building Departmdnt especially the latter in relation to "proof' of work done. In relation to careful surveying and outlining all problems with this property I include hesitaftly the placement of the corpses of animals... mostly my personal pets but also of my mother and one which might even be called Southold's (Thurber) also my cats, my Lhasa Apso, one German Shepherd, and one stray cat found in the road in terms ofpreservation and discovery this knowledge might be important. August 8. 1996 too Zoning Board of Appeals s in relation to -HEARINGo Barbara Adams application 4406 August 21. 1996 7 1 32 pm Barbara Adams, owner on record of 8100 Indian Neck Lane. Peconic. NY 11958 has purchased a storage shed which is presently on the property known as Low Housee the name it will be referred to by me for the present. Apparently she was denied a permit (building) due to the shed's location. As of the above date she had not submitted proof or even an outline of property lines and the relation of the shed to those lines. I have asked Linda to call her and ask for that information. Regrettably, for all of us but perhaps especially Barbara Adamse she obtained sole ownership of this property by fraud. She is renovating without building permits and. I am told, in probable violation of other Town Codes besides the one presently before you and she continues in trying to delude both herself and the public (and your Board) by inaccurate and self serving statements about 'her motives'. She has also submitted some inaccurate information. I am asking the Board to postpone granting this permission until a full interior inspection of the propertyp in consultation with me, if necessary, has been made to see if, in fact# work done should have been under permit and if work done does meet code and if Ms. Adams should apply retroactively for such permission and/or be fined for failing to have done no. Linda says your Board will determine the properiety of locating the shed subject of this application - if you have proper information. 2. As noted, this prope.drty is abnormally shaped, has about 130 Bay beach and narrows to about 90 feet irregularily. I believe about 290 feet is road front (which includes extension onto beach) ....this property adjoins a public road (Indian Neck Lane), which ends ar a beach.Road end, a subject of many conflicts between the house, its residents and others. The road end, of course, is presently used for public parking by residents (sticker only for now) using the end of the road beach. For many years there has been conflict regarding public/private beach use and noise and other problems relating to parking. Barbara Adams is indeed undertaking a change and perhaps rehabilitation of the property. I would repeat she obtained it by fraud inducing perjury from certain witnesses and engaging in the same herself under oath and that, therefore, her ownership is and always will be flaweduntil these matters have been corrected. Barbara Adams in her self and other deluding fashion neglects to mention her contribution to M inability to maintain and improve the house by talking the nominal owner (Foster Adams) into withholding money for upkeep and improvement and constantly demanding use of the property especially in court despite the provable fact that she and I (the tenant) do not get along and could not ever comofrtably co-own or share anything Also not noting that she owns several other pieces of property ( summer house in 0#A(yVp(#11 Vermont, year round house in Greenport, she rents in Nepal and may own at least one condo and possibly more I had the sole place to live and almost no income So, her applications might be more useful if they contained less self serving misstatements. She stripped about one hundred feet of natural growth, using Chemicals (lin immediate vicinity to the public, the water supply and the Bay) and, this year, began planting. 3• In so doing she has Burped, formally as opposed to informally (by natural overgrowth) up to perhaps ten feet of the public's road and parking area... it is fenced (Legally?) and, for the moment attractive. I think, however, discussion and determination of the right of an individual property owner to so usurp land needed for thepublic in this area should be approved even if indirectly by your Hoard. I would note the following alsot Until about five years ago the end of Indian Neck lane was a wilderness. it was used day and night by teenagers coppulating, farmers drinking, everyone making a lot of noise and littering. I would walk out of the 'family home' to the noises of rocking music, cars, and walk into the road to watch naked bodies writhing inand out of cars. Even today an almost daily discovery of used concoms is likely... this is not a good place at present to make a home. For these and other reasons, in trying to make a reasonable place to live I encoujktered problems - in re tradition of 'below high water makk1p with local families who did not want their spoiled shildren halted in anything and from the police who supported the Bregoing when they themselves were not creating intentional problems.. and when# as once happened, it was not their children who were the problem (Winters son, Lester Albertson's and so on). With the splittingpofthe Day property and the expensive building of first one and now a second (across the street) house.. one being use some year round, the area is now somewhat safer and more respectable. Restrictions which are enforced are in place and police tend with minimal grudges to respondto requests but that point, of course, was when I was thrown into the street and Barbara Adams, my sister, by lie, maintained much of my physical property an well as by verJury the real &state and iif._ The foregoing is true, it is complicated, it does rel*te to 'the shed'. As noted, the shed is a visible from the street symbol of the onging changes being made without permit or supervision or note at 8100 Indian Neck lane Peconic by Barbara Adams, in myopinion who is illegally and perhaps criminally in possession of what was my home and much of my physical property. The houses was in need of emergency roof repair and removal of long term wet beams and so on which I am told constituted 'structural change' under the terms of the Building Code. The house is a preexisting structure built perhaps around 1910 and added onto and aartially winterised. It once adjoined a vacant area and now hhs an immediate p(## neighbor - largely summer. There are four houses on the final strip of Indian Neck (two on each side) where originally there were two one used only in summer JDay). There are immense problems in this area which I think should involve Town wide planning decisions... included would be the encroachment (formal) of Barbara Adams in re her garden and fence onto public land, which includes problems of noise which infect owners and tenants and residents of the 8100 property and its use and value.... and even the fact that where her expensive garden sits one would have expected any worthwhile plant to bestolen, car exhausts and road salt to kill and cars to hit and knock down the fence. The original owner had a basic property line fence on which wild things grew and encroached but from the property line source and by the force of nature. Barbara Adams is using the fundamental post and lines and then creatively extending by her hand into the public terrain. As of today it is very pretty but is it legal and will it stay 'pretty'. Our purpose was to keep CONSIDERATION AND OEN HELP. • Y38'%Y 5• provide a natural look whichWOULD NOT LOOK WORTH STEALING FROM (intentional neglect in the visual area) and ahabitat and protection for wildlife and ourselves and pets from pre$ators. Interestingly, my sister on occasion employed Guatemalans living at the farm of Joe Pontino and I believe on many occasions these people trespassed and on several occasions illegally entered the house ....It was an unprotectable highly violated property. Its physical neglect has been due to a variety of factors involving money, family relationships and legal matters (as well as the desire to be unattractive to thieves) in most of these thinggs for the last fifteen years its deteriortation can directly be traced to the often hidden actions of Barbara Ada*s. Many of those actions fall technically into 'family abuse' as well as, as I have said# perjury abuse of process andunlawful if sometimes clever denial of property and other rights. Southold Town has enabled and assisted Barbara Adams in her injuries of me. This legal process is one possible place to stop and take a look at what is going on and perhaps even redirecting it. 0- -0-hank you JO Y ADAMS POB 33 Peconic NY 11958 6 ,1#1no phone Despite the information provided by Barbara Adams she and I were never co-owners except perhaps during a moment when a partition decision was handed down which should have been appealed and I am not sure even then. The legal hittory is complex the house was in the hands of a Bank and If the Bank transferred it to Berbera and Jodv Adams I lack any Droof. I COULD USE YOUR 6. Note also please that Barbara Adams says the shed will be splacing a junk yard of old appliances Barbara Adams who had the potential of beings co-owner of the property was and is so desperate regarding 'it' that I was afraid to throw out anything. In the backyard Imaintained the replaced pipe and well point and an out worn electric stove so to prove what happened to then and perhaps avoid vioence, vituperation and lather legal action or physical and emotional violation ...again, she should blame herself and it wasn't that bad. I believe the shed may be placed over the well point, incidentally. AISO please note that I reported that she had installed a deck in the enclosed space (three sides) indicated on the map. The Building Department decided that a deck that was close to the ground did not require a permit (arbitray perhaps). That might be reviewed and the fact that seems perhamently installed and covers a cess pool at least requires ackno*tedgement. A lot of different pepple have worked on the house and I can provide names of some of them and o who have witnessed its condition. Jody Adams I would note also that a sol AND LEGAL sole o ner can obviously with much greater freedom re ovate than a ho se which involves various warring family members bank a variety of courts where every action meets with challenge ......It was my belief that the house should be sold and the proceeds shared to avoid a lifetime of conflict in this area OR the property be given to the Peconic Land Trust for public use. Since Barbara and I cannot share these continue to be the only viable alternatives..suggestions? AUG „ ~ ~ j; BOARD OF APPEALS-TOWN OF SOUTHOLD In the Matter of the Application of CONFIRMATION OF POSTING C!5- I c~ , residing at~ , being duly sworn, depose and say: That on the -Z y! day of U&1l / 199 ~ , I personally posted the property known as " Lo (N C~ O use NY" by placing the Town's official poster* Notice on either a stake, fence, or other post near the driveway entrance into the property, on the applicant's property where it can be easily seen by passersby, and that the poster has remained in place at least ten (10) days prior to the date of the public hearing (date of hearing noted thereon to be held -.7- 7, 1996.) Dated: 199 b. (signature) u COWAtS10 NdEY PEA K Stab of Nov Yak c~I Sworn to before re this No. 524624771 k" day of 6t sr , 199 1kMUn ftdJn Nox2wqj 'la'C7N !O~T *or A Y P U B L I C *or within 10 feet of your front property line(on your property facing the road or right-of-way). o~~SOFFO(,~coG JUDITH T. TERRY y` Town Hall, 53095 Main Road TOWN CLERK P.O. Box 1179 CA T Southold, New York 11971 REGISTRAR OF VITAL STATISTICS Gy • Fax (516) 765-1823 MARRIAGE OFFICER ~f01 ~a~ Telephone (516) 765-1800 RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER 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. 4406 DATE: JULY 23, 1996 Transmitted is an application for a zoning appeal submitted by BARBARA ADAMS together with Notice to Adjacent Property Owners; Zoning Board of Appeals Questionnaire, Short Environmental Assessment Form, Notice of Disapproval from the Building Department, survey, and other relevant documents. 01 4 Jud Terry Southold Town Clerk BOARD OF APPEALS provided at the renting of such TOWN OF rooms is clearly incidental and 1996 Notice of Disapproval r SOU OLD subordinate to the principal which action indicates that ac- NOTICE of the dwelling: Locatio, cording to Article II, Section HEARINGS Property: 26350 Main Road, 100-25A, that Lot#1000-104-2- v\ Southold, NY; County Parcel ID 28 and Lot #1000-104-4-29, NOTICE IS HEREBY #1000-1094-5. - have been held in common own- 7:37 p.m.:,ppl: No. 4404- ershi since July 1, 1983, and GIVEN, pursuant to Section 267: RICHARD NEMS CHICK i P y of the Town Law and the Code were created between April 9, and SUZANNE AUER. Re- 1957 and December 1, 1971. of the Town of Southold, the quest under Section 100-244B Street Address: Bay Avenue following applications will be for Variance based upon the y held for public hearings before (Skunk Lane), Cutchogue, NY, the SOUTHOLD TOWN Building Inspector's July 16, 7:50 p.m. Appl. No. 4408- the OF APPEALS, at the 1996 Notice of Disapproval JOSEPH and AMY-SUE wherein applicants have applied MALAVE. Request is made for Southold Town Hall, 53095 ! for a building permit to construct I a Variance under Article XXIV, Main Road, Southold New York new dwelling with a setback at 11971, on WEDNESDAY AU- g Section 100-244B, based upon less than the required 60 ft. in this the Building Inspector's July 29, GUST 21,1996, commencing at R-80 Zone District' Subject 1996 Notice of Disapproval for the times specified below: is known as 1035 7:25 p.m. (Carryover hearing, property approval of a portion (comer) - . continued from 6/26/96 and 7/ Sebastian's Cove Road, new dwelling, under c Mattituck, a/k/a Lot #9 on the lion as exists, with a reduced d 241-'Appl.No:4389=TIMO-' Sebastian Cove; Section 11 Sub- front yard ofonefoot(orslightly THY GRAY AND JIMBO j division Map; County Tax Map less). This 40,252 sf parcel is REALTY' Parcel ID #1000- 100-3-11.14. located in the R-80 Zone District T.M p.m. Appl. No. 4409 7:40 p.m. Appl. No. 4405- at 245 White Eagle Drive, Lau- VINCENT AND LINDA GEORGE and CAROLE rel, NY; &Wa/ Golden View Es- BASILICE. Requestfor aVari- BAMBRICK. Request for tates (1984) Filed Map, Lot #27. ante under Article XXIII, Sec- Variance under Section 100- 8:00 p.m. Appl. No. 4397- tionl00-239ABbased upon the 30A3,Bulk and Lot Size Sched- ALLEN W. OVSIANIK. Re- ridding Inspector's July 23, ule, based upon the. Building quest is made for an Interpreta- f 996 Notice of Disapproval con- Inspector's July 17,1996 Notice don ofthe January 10, 1989Zon- = ? ming an application for a of Disapproval for a proposed ingMap, Article II, Section 100- % i riding permit to construct ad- reduction in lot size of Parcel ID 21, and Article III, Section 100- t pn to existing dwelling, four # 1000759-5-8 and proposed in- 31 A to confirm location of zon- L V 1, ,L• t of which will be located in ~ crease in lotsize ofParcelknown ngdistrict line ofthe'B"Busi- rear yard within 75 feet of as 85 Lake Court, Southold, Par- ness Zone District (ref. Article ead. Location of Property: cel ID #1000-59-5-7. Both lots 11, Section 100-21). Property Lo- Peconic Bay Estates, 3255 I are presently nonconforming in cation: 225 Eugene's Road, Bayshore Road, Greenport NY; lot size in this R-40 Residential Cutchogue, NY; County Tax County Parcel lD#1000-53-6-8. Zone. - This parcel consists of 11,625+- 7:45 m. A I: No. 4407 Map ID # 1000-9ra and I5. P• PP Present Zoning: : General Busi- sf HUGH and ROSEMARY 7ness :32 p.m. Appl. No. 4406- MURPHY. Request ismadefor and Rfor-80 the northerly portion, BARBARA ADAMS. Request and residential for a Variance under-Article XXN; applicant's property to the south. for Variance based upon the June Section 100-244 (original appli- 18, 1996 Building Inspector's cation), based upori ZBA Appeal The Board of Appeals will at Notice of Disapproval under #4370 rendered 4/3/96 which said time and place hear any and Article II. Section 100-33 issued i was limited to approval for a all persons or representatives on the following grounds: A I desiring to be heard in the above porch addition to an existing building permit application has dwelling. This applicationisare- applications. Written comments; been filed requesting the location quest filed with the Building In- may also be submitted prior to of an accessory building in an spector on 7/18/96 to reconstruct the conclusion a the hearings area other than the rear yard at hearing. The above ings will dwelling and add proposed porch 8100 Indian Neck Lane, Peconic, addition. The second application not start before the times desig- NY; County Tax Map Parcel may contain new circumstances nated, and may be in addition to #1000-86-07-9. which were not concluded at the other carryover hearings. It is recommended hearing for the first application that the file(s) be 7:35 p.m. Appl. No. 4403 regarding the condition of the reviewed before the scheduled PATRICIA AND THOMAS . date of the hearing for updates existing dwelling. The existing i or new information. If you have MONAHAN, Owners. Re- dwelling is to be rebuilt main- j quest for a Special Exception to taining the same nonconforming questions, please also . not establish Accessory Bed and hesitate to call 765-1809 rY front, side and rear yard set- Breakfast Dated: August 2, 1996 Usewithowneroccu- backs. Location of Property: BY ORDER OF THE panty and residency, as regu- 3105 Oaklawn Avenue, SOUTHOLD TOWN SOUTHO TOWN lated under Article IIIA, Section Southold, NY; County Parcel ID BOARD OF APPEALS 100-30A.2-B (ref. 100-31B ! #1000-70-6-8. GERARDP. (I 4a-d), and 100-31 B, limited to 7:47 p.m. Appl. No. 4402- GOEHRINGER Chairman the renting ofnot more than three BARBARA P. KELLY Re- rooms for lodging and serving of quest is made for a Waiver un- By LindaKowalski ! IX-8/8/96(62) breakfast to not more than six der Section 100-26, based upon -asual and transient roomers, the Building Inspector's July 8. • i COUNTY OF SUFFOLK ST,\TE OF NEW YORK ss: Tim Gannon, being duly sworn, says that he is the Associate Editor, of the TRAVELER 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 /.........weeks successively, commencing on the day of . ZZ, Sworn to before me this dav of ...................................a.~-.......... U . Notarv Public BARBARA A. SCHNEIDER NOTARY pUOLIC. State of New York tda. 48VG46 Qualified in Suftolk Cougty' Com~l„ion L Dires 31 96 BOARD OF APPEALS:TOWN OF SOUTHOLD In the Matter of the Application of CONFIRMATION OF POSTING 1, 8CL!!i0„ residing at ~C? /n tl/ l Oln being duly sworn, depose and say: That on the day of j (,&r, 1996 , I personally posted the property known as " I L oc. A Ctj A " Acmv tc L. -Z- , NY" by placing the Town's official poster* Notice on either a stake, fence, or other post near the driveway entrance into the property, on the applicant's property where it can be easily seen by passersby, and that the poster has remained in place at least ten (10) days prior to the date of the public hearing (date of hearing noted thereon to be held 1996,. ) Dated: ~tAV 2t( 199 ~J-:2 1 ~ Le (si turejj) Sworn to before me this QliL4~0(.~ a~ day of %4- 1996 . NOTARY PUBLIC *or within 10 feet of your front property line(on your property facing the road or right-of-way). HELENE D. HORNE Notary Public, State of New York No.4951364 Qualified in Suffolk Court Commission Expires May 22, 1ty 27 O~~gpFFO~,~coG APPEALS BOARD MEMBERS o`t` y~ Southold Town Hall Gerard P. Goehringer, Chairman a 53095 Main Road Serge Doyen, Jr. i P.O. Box 1179 James Dinizio, Jr. Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD S.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. A406 Project/Applicants- County Tax Map No. lW6ara Adams 8Adams Location of Project: 8100 Indian Lake La., Peconic, NY 11958 Relief Requested/Jurisdiction Before This Board in this Project: Erect an accessory storage shed. 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) 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. BOARD OF APPEALS. TOWN OF SOUT14OLD the Matter or the Perit'ot n of 60cll,t4 t~~~A-4 NOTICE TO to tP Board of Appeals of the Town of Southold TO: PROPER'T'Y OWNER q YOU ARE HEREBY GIVEN rJOrICE: 1. T e intention of the undersigned to petition the Board of Appeals of the Town of Southold to request. (Variance Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which is the subj ct of the Petition is located adjay~nt to y ur pr perry and is des- c,r~ibp~d as follows: l4 c>,• 1. la 0 1A T`JC 12V= J~Slbd Gt~l.~ T9 AfLf / JHl`~_ 3. That the property which is the subject of such Petition is located in the following zoning district: 4 That In such Petition, the undersigned will request the following relief: ~ t-~ VJW 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article Section_ 6. That a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (516) 745-1809. 7. That before the relief sought may lie granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing roust be published at least five days prior to the date of such hearing in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: -;JC~ 1 L 7 Petitioner r1 5- Post Owners'Name s Qp:¢rO_ XtA Office Address P Tel. No. Lrw T -5 so ee~i-e nee ' oyots- LaAa t4o- to Q-. e- t.cle s-/", Ilk' PROOF OF MAII ING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAM ADDRESS 4?5 R P 538 4516 r--- 1Ce ad P 538 456 474 dM usPo51et t for Ce?tifie Recelptf veta9ePfOVtded•Searaverse US Po al Service Ntno r r i teme(tonal Met \ f Rec ipt for Certified Mail Do V No Insurance Coverage Provided. to J ,,3Q Do not use for international Mail See reverse met 6lw'nber v-O Sent to 1). OL, yp Code s~t 7 ~2 j call Street 8 Number (Jr Post Ire $ 0 P ONQ 'stare lPS od Poete9e Postage $ Z C~rofied Fee DcNery Fee Certified Fee peNvaN Fee Spedel Delivery Fee Rasinot°d to + m Return Rem Restricted I also wish to receive the O1 v11w"' 3 co Retu p Show ng to Q following services (for an c $ & Date Delivered can return this extra fee): fees $ so ~ does not 1. ? Addressee's Address r $ of 1Z t g ~ nunumber. 2. ? Restricted Delivery i p4t"a* r~ $ 01 M P Data Consult postmaster for fee. r LL Ann S b• Sl REC 0 . .a a service Type-- ~i•49~r {~til ~~nJ J~,~ o SENDER: W .Can ate Germ l an Vor 2 for addMonai eervlces. I also wish to receive the S ~ZtY.7-t9y. a items a, 4a, and 4b. following services (for an name end addma en the reovea of Mier tam w that we ran retan mie extra fee): • berm to the front of the matpiece. or on the back If space does not 1. ? Addressee's Address • awdte'Refran Reoet# Reawebd•on the rnailgece below She article number. 2. ? Restricted Delivery j { •The Return Receipt wa show to whom the article wa delivered and the date o delivered. Consult postmaster for fee. 3. Article Addressed to: 4a. Ankle Number 6 v to j5 4b. Service Type lY ('~•~G." l ? Regiaarad ,ertiti•O M6'^ c, ? Express Mail ? I N N.'/- ? Return Receipt Me se ? ;0 2 L(l/~, 7.Date of De ry oses and says that on the day Q-W It 0 ' opy of the Notice set forth on the re- S.Received By:(PrinlName) B. Addr 's ress(Orgy N led reus es sel~0 osi`e"u rrCSpeClive • u f tw• and is 7 • 'ddresses o said p rsbns as shown on 9 s. Signature: (Address"orggent) ere mailed at the nited States Post Of- rs X• were mailed to each of said persons by PS Form 811, December 1994 Domestic Return Receipt. A~l Dt/1.~ S%T q `tom. t6 . before"+jmr • ' f.thi;: day of _ M:9 Ll 19 9 tp Notary Public HELENE D. HORNE Notary Public, State of New York No.4951364 Qualified in Suffolk County r Commission Expires May 22, 19 e (This side does not have to be completed on form transmitted to adjoining property owners.) 1:ji~~,ve.u vIs 1u nF 111tnl:rn . • • . . - • FORM N0. 1 7 1'S OF PLANS - tl' + 'JUL 5 M '1'01JN OF SOUTH OLD SURVEY . I11111.UING UI?1'AIfI'NI?N"1' CIICC.K BLDG.DEPT. 1'OHN IIALL SI?1TIC FORM TOWN OF SOUTHOLD 5011'I'IIOLU, Il. Y . 11971 'l'ilt.: 765-1801 NOTIFY: CAI.1 . 1?x;.nilied 19.... ItAII. TO:.... AptflYNf91 . 19.... 1'enniC Nv. Nl natglr(NMI a/c J.., ...:.'r Gy ' ` Oklildinlt hm:p>clor) APPLICATI01,11 FOR INIl1.N114G I'I?1tMl'1' i q/ Oate... s....... 19 INSTR11C'I'loNS a. 'Ibis apPlicatioo nest lie cogdetely filled io by tytleariter or in ink mxl sllln,itled to the Iklildilg Inspeclor Willi 'I sets of plans, occural.e plot- plan to scale. Fee according to schetklle. h. Plot. plan slxnaing location of lot. a(xl of Ixlildillps (al premises, relal. ionship to mijohdog premises or txlblic streets, or areas, mxl giving; a del:il lefl description of lnywxit of properly mrrsl: Ile dlawfl owl (tie diagrvrn Wilich is parl- of this alg)[ication. c_ 'Ihe work cmered by Ihia allAicat tin miry 1x)1. tie cmitio. wed liefoie issumx:e of Ikrilding Permit. d. Illxxi alq/nrval of this algd ical.ion, the Iklilding Inspector Will issue a Iklilding Permit to Lhe ajip icant:. Stith tieffni 1. shall lie kept oo I.IIe premises oval fable for insllecHoo Ihroujix,t the work. e. Mkt Iklilding idwill lm occupied or used in vilole or in txart for any Ixlrlxlse wlisl:ever 111101 It Certificate (If (k-catxmx:y shalt fume Veen granted Ivy live Iktilding Inspector. AI't'Id6YI'I(ti IS Il1?Rl?I{Y ME to the Wilding Delxarinr:nl for the issimxte of a Ikfilding Permit imimfmll: to the Iklilding 7cxle 01dina me of the ' owo of Sool.lxild, Mitiffolk Gxfnt.y, New York, aix1 other applicable Ilwrs, Ofcliramea or Regulal.ions, for the cofmtnx.ticio of Ixlildiogs, (xklittotis or alieratitxin, or for reirtmal or dvil"litioo, as liereirr fie scril"I. 'Ilse applicant agrees to crgfly With all applicable lawn, ordinmx•es, IxI,II(ling ccxle, Ixxlsl,lg co(le, afxl legndntims, tax] to (xL1it .x1111ori7e(1 iunixsllors oo ptonises mxl in Indt(liogt for necessary ins clifrln. (Sign:d urc of applicnnl', or nllile, 'f a C011)(rition) 3-.. -1.~- ..~pvtnSL (Railing, Ixklress of alitA caul.) Slate tdlelher atgllicam is (Iwoe,, lensee, agent, architect, engiveer, geferal contrnclor, electricinti, plufivei or Milder. N 7. Nauwx of (xax:r of premises .....U /-1-) 14V /-X- e .I ! (as Oo the Inx roll (it If,I env. deed) II atgd ieanf if] n cofpnrat: foil, signature or duty nulbor iztml officer. (N:oo n,xl lit it, of coilxnale officer) Hoiltkrs Licenlse Mkt . I'tlnlvels License Nv . I?lecl.-riciafls License tlo . Olher Tracle's License Nl . I. l.tx-ati(xf of Imxl (to Which prolio!"l (-xvrk Wtll Ile (lotw ..............D Ikxme Native, e/ - Street . ....Ikrnlet firmly 'l'ax Kill 111). 1000 Sect ioo q.G......... lllfel( .......L........ lot' ......1......... `1 llxlivisi(xl Filed W11) Mb. Int (N: ate) 1. Slate exist. ing use alxl mcillulmy of pr(vlises aw~liillieya-kal use/cnxl mculval y of prolx)sed const I Oct. ion: a. Existing use alxl oc(IlIvil -y I(!i^STl!! ! .r~... OI' "Lug Y...,~i1,[1Zj~l~tiG.. I). fill elxkd one moil ,x•ctgxnx-y ,/.~J.*~~_.. ~1 / ~,e' ..t SJ, .(i 0CEA7TVL ~j ~(~`i~ l-,VfT rat. >rti i '.f•1•~.art ['f ~ ~(t"naml~~i ntG~ SNp 01 I. It'ho a of lnsl( (check Idddt applicable): lk!u Iklildilyl AlkliI ion Al I U% III ion MlwliI Itcmrrvtll Ikxlolil.loll Other IA)#I( - (beacriplicxl) 4 E1q'Iia11U!d U)SI / fee (it) Ile pall) vo filinpl Ihis applicaLion) 'i. If Iksll infi, ?I.dx!r of: Ikx!1l lull uuilx IknlKer of (kxziI lull lalllfl on each floor If Iquuylc; urdel of cars fi. If I.10111elat. ct aefcial of mixed mcul)elx:y, alxec.ify urdlue 111x1 exleul: of each type of line , 1. Ilia silxm of exial'IuI; stalxloles, if filly: I?Ilxd Iles. Ileplh Ikdlgll ......a IA nfel of Slor left Uilwilni(xls of sale nllcx:lele with sllersLl(xts or Ixkll Llolls: Front Item Ik!pl Is . Ileihlll Id ul,er of film pen II. 011wilnilxm of enllit! aetl cousillxrli(xr: prix d: 14:ur Ell! plI I Ik:igllt lltvlxer of pilot fell 9. Size of Iu1.: Flop W:ar Dl p~lh 10. IL)le of 1111fhlmc ~ ....1. IL.w of Foomr lkax!1' /94001P, 11. h.k.. of title flake icl in lAdch ploniaea ate allowed ...........1 12. Ikx!s prulnucd cooni 11X:1 hxl violate fitly uxlLlll Im., ordit"llwe or regolll.ion : I1. tillI lot- Ix! relftwied NiII excess fill Ix: relnved fr(ms Ill oil! flea: YES IA) 14. Ibsen of 0.atef of plo'linen fuLlreau 11101x! III) . 11:..e of Architect: Iwkh ens I'llolx! Ito. ILow of Olot rife for /knees Itlolx! III) . h In Ibis Ill olx!rIy wilIt iif 3(M)'feeL of a Iills I wet lmxll YES IA) ..)VL2 *IF YES, WHIM) 'ILAM'110ISIli1?S 11flaill'fin put molllum. PLOT DIAGRAM I(x:ld a clearly alxl distilx:Lly all ImI ldings, IAlelher exlsling or prolxmed, nlxl ilxlicole all set-hack 411ill2naionft limn propnfly fires. Give sLreeL mxl block lxnber or (k!scripl. im according to deed( alxl alloy afreec napes (loll ilxlicole IAlctbcr Inter for or comer lol~. I GIMP: IA' tV.14 YWK, I K!i fig duly 1,1•m1 n, deli Ines slxl mays Ilml: he in the uppl penal (11:11.! of ilxlividual nignlug coulls,A) nlxlve oalad, 14k! i!I Ille (Cool lactor, 11geu1., cot lx)l ale of ricer, etc.) III emld (hax)I (II' Oial(!111, 111x1 in dilly fiadllol Izell to lerfolm fir 11OVI! II11r 10111X!d the 111111, M)TI( 111x1 Ill I111Ite Anil fill! Illln :Ipl,i icl'.lnlli Ilan. OII aLai(joeltt.a cookulled 111 Iilin 111,10!cot . inn art' I.a(x! It) the Ilcul. of his kolmledge alai IXII NJ' :11X1 I hell. flit! Iwlt It VIII Ix!'IN, rrPat llx:d Ial the 11111 I1 x!1' sel: Iof 111 111 IIle spit) ,cat Intl Illell Ilie t IM I III. Ikxnu to 110ole fir! Ihia . - p/,- - ...................day if fkll :ay Public - !IV!... a(l ROBERT I.S T, JR. (Signaltire of Applicant) NOTARY PUBU tale of N.Y. No. 4725089 uffolk Coygl Term Expire May 31. 19ZfS QUESTT_ONNAIRE FOR FLING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet ma5b attached-) B. Is the subject premises listed on the real estate mUxet for sale or being shown to prospective buyers? ( } Yes XNo. (Sf Yes, please atraah copy of "conditJnns" of sale.) C_ Are there praposal.s tm Mange = alter 1=9 cantc-=z? ( } Yes No D. 1. Are there any areas which contain wetland grasses? AZ-O 2. Are the wetland areal ~ r on the map submitted with this application? 3. Is the property bulkheaded between the wetlands area and the upland building area? x F_- S 4. If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? 4_' E. Is there a depression or sloping elevation near the area of proposed co uction at or below five feet above mean sea level? r (If not applicable, state F. Are there any patios, concrete barriers, bulkheads or fences which exist and are not shown on the survey map that you are submitting? F€JQ If none exist, please state "none-" G_ Do you have any construction taking place at this time concerning your premises? _AZQ If yes, please submit.a copy of your building permit and map as approved by the Building Department- If none, please state- H. Do you or any co-owner also own other land close to this parcel? _ V6 If yes, please explain where or submit copies of deeds. I. Please list present use or operations conducted at this parcel ~4~ ~ , C1 R.A_C-9- and proposed use ¢ z;) Al A= J O 2 f Autnorized Signature anti Date 3/87, 10/901k § 97-13 WETLANDS § 97-13 TOWN _ The Town of Southold-_ TRUSTEES - The Board of Trustees of the Town of Southold. (Added "-84 by L.L. No. 6-19841 t i vDS [Amended 8-26-76 by L.L No. 2-1976: 3-25- 85 by L L No 6-1985k A-. i1DAL WETLANDS: (1) All lands generally covered or intermittently cov- ered with, or which border on. tidal waters. or lands lying beneath tidal waters- which at mean low tide are covered by tidal waters to a maximum depth of five (5) feet, including but not limited to banks, bogs, salt marsh, swamps, meadows, flats or ocher low lying lands subject to tidal action: (2) all banks, bogs. meadows. flats and tidal marsh subject to such tides and upon which grows or may grow some or any of the following: salt hay, black grass, saltworts, sea lavender, tall cordgrass, high bush. cattails, groundseL Mumiunanow and low march card== Anwar (3) All land immediately adjacent to a tidal wetland as defined in Subsection X1(2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. B. FRESHWATER WETLANDS: (1) "Freshwater wetlands" as defined in Article 24" Ti- tle 1• § 2.1-0107• Subdivisions 1(a) to I(d) inclusive. of the Environmental Conservation Law of the State of New York: and (2) All land immediately adjacent to a'•freshwater wet- land.' as defined in Subsection 13(1) and lying with- in seventy-five (75) feet landward of the most land- ward edge of a "freshwater wetland:* 9705 2-2s-es PROJECT I.O. NUMBER 817.21 S EO R Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I-PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1 sae ' I AOMM 1 I 2. PROJECT_ NAME 1. PROJECT LOCATION: ~"~~e~ ,"I~•I~/ Munictoallty fXCqWje- County 4. PRECISE LOCATION (5irest a,tWesa we maO inter ns, PrOmtmnt l4n0r,tifas, NC- W PrOytOa meet ? . ~j~ 5. Is PR SED ACTION: C"--- 1IOrt MOOIfIOatlONallMtlon Ne EsOanlien C3 6. DESCRIBE PROJECT BRIEFLY'. C~ s~va,V lea Nt~~' 1"~b1rt*'g'~ 7. AMOUNT OF LAND AFFECTED. Initially acre3 ultimately aWIN J. WILL PROPOSED ACTON COMPLY WITH DUSTING ZONING OR OTHER EXISTING LANO USE RESTRICTIONS? _ G Yes ? No It N0. des=0e 011e0ty 9. N AT PRESENT LAND USE IN VICINITYr-OF PROJECT? Restdennal [Ilnausteal QCammsm.al ?Agm::Uture l..: ParWF0msVCow soaCe ?Omer Oeaamr. 10. DOES ACTION INVOLVE A PJJWMIT APPROVAL OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (F'eCEPAL. STATE OR LOCAL Cl : Yea NO it yes, fist agenMs) are oarm,gaoOrovalt it. I^COES ANY ASPE^ F THE AC,JN NAVE A CURRENTLY VAUO PERMIT OR APPROVAL? `Yea It ye-, list agency name an0 oarm,gioomm 1 12. AS A RESULT OF P SEO ACTION WILL EXISTING PERMITIAPPROVAL REOUIRE MOOIFICATION? Cl Ye! NO I CERTIFY THAT THE INFORMATION PROVIOE/ED ABOVE IS TRUE TO THE BEST OF MY KNOW' --GF Aooli=nusPOnsar ngmw, Signature: e It the action is in the Coastal Area, and you are a state agency, Complete the Coastal Assessment Farm before proceeding with this assessment OVER t `yt''t` ;V > (Jtbritinued on reverse side) The N.Y.S. 'environmental Quality Review Act requires submission of this form, and an environmental review will 'we made Ly this Board . betore any action is taken. SHORT ENVIRONMENTAL ASSESSMMIT ?OMM INSTRUCTIONS: (a) In order to answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning the project an e acts of the agtiogg It I$ net especzed that additipnal~k >a~, other invesli-q q~~AI be (b), MVA Q Lgp~has been answered Yes the pXpger ~ si MV A Y Ee7di E4fir p 6 4- aificaat an n e ironmental Assessment Form it JIIH~11~ • tT }i c) I• , 4,W,,quesT} ns eex edLn ~'oQ.jt .(,s 1itielp~ the project is not siEjaifit j wl, ,.gyp t (d) Environmental Assessment 1. Will project result in a large physical change to the project site or physieally'alter more / than 10 aces of land? Yes I., NO ..'-~.•J'f5?'• •2-al-i'~fi3(' eretbi7i 7ci.~A9e.ulany 3 ear 1 aausual laid to on the site? ~~C~ p r r•r/ 3.- Will project alter or have large of=ect on an existing body of water? Yes ~o 4. Will project have a potentially large impact an groundwater quality? Yes v No, 5. Will project significantly effect drainage flow V_ on adjacent sites? _Yes No 6. Will project affect any'threatened or endangered plant or animal species? _Yes No 7. will project result in a major adverse effect on A air quality? Yes No 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas - known to be important to the community? - Yes _ o 9. Will project adversely impact.any site or st-uct- use of historic, pre-historic, or paleontological importance or any site designated as a critical Z environmeatal area by a local agency? Yes No - 10. Will project have a major effect an existing or future recreational opportunities? Yes No 11. Will project result in major traffic problems or cause a major effect to existing transportation systems? o 12. Will project regularly cause objectionable odors _ noise, glare, vibration, or electrical disturb- / ante as a result of the project's operation? Yes q "t„~ 13. Will project h e ~iCt on aublic Ilea1Ch,;,~~} , , ..s.af t.• or safety? Yes 14. Will project affect the eniSC}nq communi yy,, directly causin a w*!K f 4 Oro 12N permanene ?op4_11 , tion of more than S percent over a one-year _Ye5No period or have a major negative effect on the character of the community or neighborhood? 15. Is there public controversy concerning the project? _Yes Preparer's Signature: l J f Representing: Date 28A 4/•75 BOAR[) Or APPEALS TOWN OF SOUTIIOLD Ili the Matter or the Petition of F;w I I /~OCL- l~_ r UJS~..L•?.v~. NOT CE to the Board of Appeals of the Iown (if Southold TO: PROPERTY OWNER YOU ARE IIERERY GIVEN NOTICE: 1. TI to intention of the undersigned to petition the hoard of Appeals of the Town of Southold Urrequest ,.(Vari.utce Special Exception) (Special Permit) (Other) Ieir.cle choice) t 2. That the property which is tine subj ct of the Petition is located adja nt toy ur pr Per y and is des- crib d as follows: lin-jil -s, Sri-trta-- 1`~lsn - 3. That the property which is the subject of such Petition is located in the following zoning district: - - -1 Vial h,i such Petition, the undersigned will request the following relief: 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the uorler- signed are Article 6. That a written Petition requesting the relief specified above will be filed in the Southold Towo Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (516) 745-1809. - 7. That before the relief sought may he granted, a public hearing most be held on the matter by the Hood of Appeals; that a notice of such bearing must be published at least five days prior to the date of such hearing in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: ~(~~1~ Petitioner ~J__ S Oanters'Nantes:-~r~tO_ Post Office Address Tel.-No./6)-- S9Sd ACC65S0r%mJ bRED L0CA71'br'%*'J' NOTICE OF HEARING a 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. bp~ DATE OF PUBLIC HEARING: '~:3z P M• WIE bo ) ALIG* ).If 199to 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 8 a.m. and 4 p.m. BOARD OF APPEALS TOWN OF SOUTHOLD • (516) 765-1809 al