HomeMy WebLinkAbout4320
APPEALS BOARD MEMBERS
Gerard E Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Lydia A. Tortora
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
FINDINGS AND DETERMINATION
Appl. No. 4320.
Application of EAST WIND DEVELOPMENT CORP. as the current
owner of property located on King Street between Third and Second
Streets, New SuffoLk, NY, identified as 1000-117-8-6, requesting
appreval of one of the following two proposals:
PROPOSAL I: (A) Special Exception, Article IIIA, Section 100-30A.2,
for permission to establish Accessory Apartment use in conjunction with
principal single-family use as provided by Article III, Section
100-31B(13); and (B) Variance under Article III, Section
100-31B(13-e) for permission to utilize existing floor area for the
Accessory Apartment at a ratio of approximately 50-50% (instead of
40/60%) as livable floor area.
OR
Proposal II, as follows: (C) Special Exception, Article III, Section
100-3lB-1 for approval of a two-family dwelling and veiated accessory
uses in an existing "former supermarket" building. (D) Variance
under Article IX, Section 100-92 (BuLk Lot Size Schedule) for approval
of lot area as exists of 21,430 sq. ft. for two-family use in this HB
Zone District.
WHEREAS, a public hearing was held on July 12, 1995, at which
time any and all persons who desired to be heard were heard and their
testimony recorded <no opposition was submitted during the hearing>;
and
WHEREAS, the Board has carefully considered all testimony and
documentation submitted concerning this application; and
WHEREAS, the Board members have personally viewed and are
familiar with the premises in question, its present zoning, and the
surrounding a~oas; and
WHEREAS, the Beard made the following findings of fact:
1. TWO-FOLD REQUEST: This application is two-fold, requesting
use as a two-family dwelling, rather than as a business or former
supermarket. The building is of two-story construction built prior to
1957 and is situated with frontage along three threes (two corners):
King and Third Street, and King and Second Street, at New SuffoLk.
The subject building, and accessory concrete block garage, as exist are
Page 2 - Appl. No. 4320
Matter of EAST WIND DEVELOPMENT CORP.
Decision Rendered July 12, 1995
both more particularly shown on the survey revised November 5, 1987
prepared by Young & Young, surveyors, File No. 87-389.
2. The property in question consists of an area of 21,430 sq. ft.
located in the R-40 Residential Zone District. The parcel is
rectangular and extends from one end of the block to the other, with
204.10 feet along the southerly side of King Street. The property was
for many years used as a retail supermarket with a nonconformin.g total
lot area and front yard setback, and prior to 1989 was located in a
business zone district. Subsequently in January 1989, the Town of
Southold amended the zoning use category for this property frem
business use to R-40 Low-Density Realden~i~i. The nonconforming size
of the property, genera] layout and setbacks of the building rem.~in
unchanged today.
3. Copies of Certificate of Occupancy No. Z3893 dated
July 22, 1970 is in the record showing occupancy as a food store
business building, and a Certificate of Occupancy for Nonconforming
Promises dated January 5, 1987 No. Z-15160 certifying '... business
buildings, rosidence, concrete floor of demolished bui]dlng, all
situated in a "B-Light Business~ Zone District .... "
4. For the record and update, it is noted that the building has
not been used as a supermarket or other business use since prior to
1989, and thus converted to singie-family occupancy. The building has
been used as a dwelling according to the testimony given and
knowledge of town members and staff persons.
5. The preferrod use of this property requested is for Special
Exception approval as provided under Article III, Section 100-31B-1 for
two-family dwelling use. The Board Members have considerod the
standards for a Special Exception, and find:
A. That the use will not prevent the orderly and
reasonable use of adjacent properties or of properties in
adjacent use districts;
B. That the use will not prevent the orderly and
reasonable use of permitted or legally established uses in
the district wherein the proposed use is to be located or of
permitted or legally established uses in adjacent use
districts;
C. That the safety, health, welfare, comfort,
convenience or order of the town will not be adversely
affected by the proposed use and its location;
Page 3 - Appl. No. 4320
Matter of EAST WIND DEVELOPMENT CORP.
Decision Rendered July 12, 1995
D. That the use will be in harmony with and promote
the general purposes and intent of this Chapter (see
notations, inftm);
E. That the use will be compatible with its
surroundings and with the character of the neighborhood and
of the community in general, particularly with regard to
visibility, scale and overall appearance;
F. That the building in which the proposed use is
hereby authorized is readily accessible for fire and police
protection.
In making this determination, the Board Members also
considered the following:
A. The character of the existing and prebable
development of uses in the district and the peculiar
suitability of such district for the location of any such
permitted uses.
B. The conservation of property values and the
encouragement of the most appropriate uses of land.
C. The effect that the location of the proposed use and
the location that entrances and exits may have upon the
creation or undue increase of vehicular traffic congestion on
public streets, highways or sidewalks to assure the public
safety.
D. The availability of adequate and proper public or
private water supply and facilities for the treatment,
removal or discharge of sewage, refuse or other effluent
(whether liquid, solid, gaseous or otherwise) that may be
caused or created by or as a result of the use.
E. Whether the use or the materials incidental thereto
or produced thereby may give off obnoxious gases, odors,
smoke or soot.
F. Whether the use will cause disturbing emissions of
electrical discharges, dust, light, vibration or neise.
G. Whether the operation in pursuance of the use will
cause undue interference with the orderly enjoyment by the
public of parking or of recreational facilities, if existing
or if proposed by the town or by other competent
governmental agencies.
Page 4 - Appl. No. 4320
Matter of EAST WIND DEVELOPMENT CORP.
Decision Rendered July 12, 1995
H. The necessity for bituminous-surfaced space for
purposes of off-street parking of vehicles incidental to the
use and whether such space is reasonably adequate and
appropriate and can be furnished by the owner of the plot
sought to be used within or adjacent to the plot wherein the
use shall be located.
I. Whether a hazard to life, llmb or property because
of fire, flood, erosion or panic may be created by reason of
or as a result of the use or by the structures to be used
therefore or by the inaccessibility of the property or
structures thereon for the convenient entry and operation of
fire and other emergency apparatus or by the undue
concentration or assemblage of persons upon such plot.
J. Whether the use or the structures to be used
therefore will cause an overcrowding of land or undue
concentration of population.
K. Whether the plot area is sufficient, appropriate and
adequate for the use and the reasonably anticipated operation
and expansion thereof.
L. Whether the use to be operated is unreasonably near
to a church, school, theater, recreational area or other
place of public assembly.
M. Whether the site of the proposed use is particularly
suitable for such use.
N. Whether adequate buffer yards and screening can
and will be provided to protect adjacent properties and land
uses from possible detrimental impacts of the proposed use.
O. Whether adequate prevision can and will be made for
the collection and disposal of stormwater runoff, sewage,
refuse and other liquid, solid or gaseous waste which the
proposed use will generate.
P. Whether the natural characteristics of the site are
such that the proposed use may be introduced there without
undue disturbance or disruption of important natural
features, systems or processes and without risk of pollution
to groundwater and surface waters on and off the site.
6. The Beard determines further that the application request for
the Special Exception shall and is granted. Therefore, the applicant's
alternative request for approval of a Special Exception for an
Page 5 - Appl. No. 4320
Matter of EAST WIND DEVELOPMENT CORP.
Decision Rendered July 12, 1995
Accessory Apartment is deemed "moot" and inapplicable since the
two-family use applies.
7. The second part of this request is for an area variance
relevant to the size of the property at 21,430 sq. ft. which is less
than the code requirement of 80,000 sq. ft. of land area for a
two-femily dwelling (ref. Zoning Code Bulk Schedule). In considering
the variance application pertaining to the nonconformities of the lot
which has existed for more than 40 years (including lot size and other
nonconforming setbacks of the principal building), the Board also finds
and determines:
(a) that the essential character of the neighborhood will be
not altered by the grant of the relief requested since this property is
substantially larger (double) than the properties in the neighborhood
with single uses;
(b) that the relief as requested is the minimum necessary to
afford relief to the applicants;
(c) the difficulties
lot size or setback schedules
preexisting nonconforming lots;
claimed do not violate the permitted
of the Code pertal~fing to improved,
(d) that there is no alternative which is feasible for
appellant to pursue other thnn this variance since there is no other
land area available;
(e) that the use proposed for a two-family dwelling with
accessory uses {art studio related to the owner's residence} is listed
as an allowable Special Exception use in this R-40 Resideniia! Zone
District, and this project is not out of character of this residential
and waterfront community - the property is double the size of lots
generally existing in the neighborhood and the character will continue
to be residen~ini;
(f) in considering ali of the above factors, the interests
of justice will be served by granting the relief requested, as
conditionally noted below.
Accordingly, on motion by Member Dinizio, seconded by by
Chairman Goehringer, it was
RESOLVED, that both requests, identified as file 4320-C for a two
family use by Special Exception, and file 4320-D for an area variance,
are hereby GRANTED with the following:
Page 6 - Appl. No. 4320
Matter of EAST WIND DEVELOPMENT CORP.
Decision Rendered July 12, 1995
SE
1. There shall be a separation between each residential living
unit, as shown on the ground floor sketch at the rep of the westerly
staircase extending from the ground floor), as preposed by applicant.
2. Each of the two proposed dwelling units shall contain only one
kitchen (sink-stove refrigeration area);
3. Each of the two proposed dwelling units shall be limited to
single-family occupancy.
4. Downstairs (first floor) of building shall remain as a
accessory ar~a, or common area, related to the residential use of the
preperty (not for separate rental or additional residential unit).
5. Art studio shall not be a separate use and sha~ be succinct
or accessory with the permitted residential use of the property.
6. The alternative requests for an Accessory Apartment with
Owner Occupancy (4320 A & B) by Special Exception and variance as to
floor area, are not needed and are hereby withdrawn.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio,
and Tortora. This resolution was duly adopted. M e m b e r ¥i 11 a
abstained "on principle pertaining to fire code compliance
prior to voting on the special exception"while the other mem-
bers felt could be done later with the Building Inspector.
*In seconding this motion, Chairman Goehringer confirms that this
project is subject to obtaining aH other agency approvals as
determined by applicable codes and laws - including the New York State
Building and Fire Code which is administered by the Building Inspector
upon receipt of an application prior to occupancy as a two-family
Prepared by Board Clerk
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Lydia A. Tortora
BOARD OF APPEALS
TOWN OF SOUTHOLD
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765- 1809
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town
Law and the Code of the Town of Southold, that the following public
hearing will be held at a Special Meeting of the SOUTHOLD TOWN
BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road,
Southold, New York 11971, on WEDNESDAY~ JULY 12~ 1995~
commencing at the time specified below:
7:30 p.m. Appl. No. 4316 - OSCAR AND BETII BLEVINS. This is a
Variance based upon the May 11, 1995 Notice of Disapproval issued
by the Building Inspector for permission to teledate dwelling and
garage addition which will have insufficient front and side yard
setbacks, Article HIA, Section 100-30A.3. Location of Property:
640 Haywaters Drive (and Mason Drive), Cutchogue, NY; County
Tax Map Parcel No. 1000-104-5-23. Zone District: R-40.
7:35 p.m.
based upon the May 18,
Building Inspector for permission to
dwelhilg which will have an insufficient
Sunset Way and 3250 Cedar Beach Road,
R-40.
Appl. No. 4319 - YOSHIMASA OSATO. This is a Variance
1995 Notice of Disapproval issued by the
construct an addition to
front yard setback at 35
Southold. Zone District:
Page 2 - Legal
Regular Meeting of July 12, 1995
Southold Town Board of Appeals
7:40 p.m. Appl. No. 4318 HENRY RUTKOWSKI. This is a
Variance based upon the Notice of Disapproval issued by the Building
Inspector dated May 31, 1995 for permission to construct an addition
which will have insufficient rear yard setback and which places
accessory garage in a side yard, Article IIIA, Section 100-30A.3 and
Section 100-30A.4 (rof.
Road, Mattituck, NY;
Zone District: R-40.
100-33). Location of Property: '18275 Main
County Tax Map Parcel No. 1000-115-2-11.
7:45 p.m. Appl. No. 4321 - FRANK PALUMBO, as Contract Vendee
(Owner: County of Suffolk/Mary Murphy). Thi:; is a Variance
based upon the June 15, 1995 Notice of Disapproval issued by the
Building Inspector for permission to construct dwelling with an
insufficient front yard setback and within 100 feet of the Long
Island Sound bluff or bank. Also requested is a Variance under New
York Town Law, Section 280-A for minimum improvements for access
by fire vehicles over a private right-of-way or 'Easement Area:
Commencing at a point along the north side of Oregon Road,
Cutchogue, along the westerly side of lands of Bokina, over lands
now or formerly Baxter and others identified as Lo[ 1.9, Block 1,
Section 72, thence extending northerly approximately 1035 feet to a
point, thence running in an easterly direction approxima[ely 375 feet
to the applicant's parcel of land identified as Lot 3.3, Block 2,
Section 73, District 1000, all as shown by survey da[ed June 7, 1995
prepared for Frank and Louise Palumbo.
Page 3 - Legal No~e
Regular Meeting of July 12, 1995
Southold Town Board of Appeals
7:50 p.m. Appl. No. 4317 - EDWIN and DONALD Tt)NYES. This
is a request for a Special Exception under Article IX, Section
100-9lB, for permission to convert existing building in this
Hamlet-Business (HB) Zone District from single-family dwelling to
multiple-dwelling, or alternatively two-family dweLling with retail
store. The subject lot with existing house contains a total area of
10,615 sq. ft. and is identified as 1000-62-1-14. The applicants
also have an interest in an adjoining lot identified as 1000-62-1-13
containing approximately 10,500 sq. ft. in area which is being
offered in this project to increase the available land area. Both
lots are located on the north side of the Main Road, Southold, and
are in the HB Zone District.
8:00 p.m. Appl.
upon the May 24,
where
deck
Ref:
Broadwaters Road, Cutchogue;
Section 104, Block 9, Lot 1.
No. 4322 - WILLIAM GORDON. Variance based
1995 Notice of Disapproval of the Building Inspector
applicant is re~luesting permission to construct garage and
additions which will have insufficient front yard setbacks.
Article IIIA, Section 100-30A.3. Location o£ Property: 1030
County Tax Map District 1000,
8:05 p.m. Appl. No. 4320 (Proposal A & B, or Proposal C & D).
,F~AST WIND DEVELOPMENT CORP. as the current owaer of property
lo~:ated on King Street between Third and Second Streets, New
Suffolk, NY, identified as 1000-117-8-6, requesting approval of one
of the following two proposals:
'Page 4 - Legal
Regular Meeting of July 12, 1995
Southold Town Board of Appeals
PROPOSAL I:
A. Special Exception, Article IIIA,
permission to establish Accessory Apartment
principal single-l'amily use as provided
100-31B(13).
Section 100-30A.2, for
use in conjunction with
by Article III, Section
B. Variance under Article III, Section 100-31B(13-e) for
permission to utilize existing floor area for the Accessory Apartment
at a ratio of approximately 50-50% (instead of 40/60%) as livable
floor area.
OR, Proposal II, as follows:
C. Special Exception, Article III, Section 100-3lB-1 for
approval of a two-family dwelling and related accessory uses in an
existing "former supermarket" building .
D. Variance under Article tX, Section 100-92 (Bulk Lot Size
Schedule) for approval of lot area as exists of 21,430 sq. ft. for
two-family use in this HB Zone District.
8:15 p.m. Appeal No. 4314 JAMES and BARBARA MILLER,
Contract Vendees. (Owners/Sellers: Paradise of Southold, Inc. and
Others). Continuation of hearing carried over from June 7, 1995.
Location of Property: 580 Basin Road, Southold, NY, Paradise Point
Section One, Filed Map 3761 filed 4/11/63; also known as
i000-81-1-16.7 (formerly part of 16.4).
Page 5 - Legal
Regular Meeting of July 12, 1995
Southold Town Board of Appeals
The Board of Appeals will at said time and place hear any and
all persons or representatives desiring to be heard in the above
matter. Written comments may also be submitted before or during
this hearing. If you wish to review the file or need to request
more information, please do not hesitate to call 765-1809 or visit
our office.
Dated: June 26, 1995.
BY ORDER OF THE SOUTHOLD
TOWN BOARD OF APPEALS
GERARD P. GOEHRINGER.
CHAIRMAN
By Linda Kowalski
x
X
JUN 14 '95 12:42
P. ?/8
Application
No.
~e;'.~ccesXoc~ ~or~,¢~ ~-- .~a~ Filed: RECEIVED
TO THE ZONING ~D OF APPEALS, SO'HOLD, NEW ?ORK:
J (~)j ~ae~ Wi~ Develo~nL Cot's. of ~ Kennedy
m. ~se No. and ~:tee: ~ummd Tewn Clerk
Eas~ Q~oq~e, New York ~1942 .....
.,'~(Ha~let, State, Z~p ~de)
heteb~ apply t0 ~E 20N~NG B0~D.0E A~E~S f0~ a SPEC~ EXCEPTION in a:cotdance
. ~TICLE IIZr the S~CTION 100-31 SO~SgCTION S(13)
fo~ the belo~ described p~ope~t~"fo .~ol~ow~ng 'uses and
~o one-family dwelling uni~a an~ an ~:cessory art s~uOio
b~.Wal~er..Wer~u%ler an~ Garance Wert~uller, h~s wi~e & Gil. Gol~stein
a~ Ellen Gol~ste~n, his wife a.s :heir residence and art stud':o
(see attache~..Contract
as shown on the:attached plan drawn to scale.
A. Statement of ownership and Interest.
gas: Wind DeveLopment CqTp,... x~(are) the owner(s) of p~.operty
known and '~¥erred to as $/a K~n~ St=&et between 2nd Street & 3:a St:eat
i~ntificd on the Suffolk County Tax Maps as Oistrict 1000. ~ction ~ Block ~ .
Lot ~ . which ~ (is not) on a subdivision map {Ffled .-~ of
.... " Piled M~ ~ .)-
The above-described peoperty was acqaired by the owner on
B. The applicant alleges that the approval of this exception would b~ in harmony with
the intent and purpose of said zoning ordinance and that the proposed use conforms to
the standards prescribed therefor in satd o~dinancc and would not be dotrimental to
property or persons in the neighborhood for the following reasons:
The property in the neighborhood ia primer&ly resi~ential. The build£ng
on the subject property was oonstructed for commercial purposes. The
property was previously used as a supermarket and agartment. It hal
Drevlously been soned light business.
¢. tn addition to meeting the standards prescribed by the zoning ordi,mice. Lhe
following requirements will be met:
1. The accessory apartment will be located only in the principal buiilding.
2. The owner of the exlstlng dwelling wlll occupy one of the dwelllng unlts
as the owner's principal residence, The other dwelling unit which is
part of this application shall be occupied by the o~ner owner :or
y~arT~0~d Occupancy. (see at~ached Contract-~f Sale)
3. The existing one-f~il~ ~welling shall contain n0: less than $~xteen-hundted
(%,600).sq. ~t. of livable f~oo~ area.
(contlnucd on page two)
~ ~ ~OM 14 'g5 18:43 P.8/8
Application for Special Exception
Page Two (continued)
C.
8.
g.
10.
ll.
12.
13.
)4.
15.
The accessory apartn~nt shall contain net less than four-hundred fifty
(450) square feet of livable flonr area.
The accessory apartment shall not exceed.fifty (5o%~ercent'iof:.livable
floor at~a of the existing dwelling units **
A minim~ of three off-street (on-site) p~Fkt'hg.s~aces Shal'i bl p~ljd~d?
as shown on th~ attached plan. ' ' ." ',J:
Not more than one il) accessoryapartment ~ill be' on this'parcei'.,..
The accessory apartment will meet the requirements of a dwelling unit*as
defined in Section 100-13 Of the Zoning Code.
The exterior entry to the accessory apartment has not changed the existing
exterior appearance of the buil'~Lng.
All exterior alterations to the existing building, except for access to
the apartment, is made on the existing foundation as shown on the attached
plans.
I understand that/~g~ti.(~e_of Occupancy will terminate upon the
transfer of LiLle ~u~6~ L~FI~"~W)I%m ceasing to occupy the ~w.e.l~l~ng
units as the owner's principal residence; and that in the event
owner's demise, Lhe u~cupantaof the accessory apartment may continue in
occupancy unt'il a new owner shall occupy the balance of the dwelling or
e.e (1) year from date of said demise, whichever she1) First occur.
This conversion shall be subject to inspection of the Building ~nspector
and Renewal o~ Certificate of Occupancy annually.
The existing building which is converted to permit this accessory apartment
has been in existence and has a valid Certificate of Occupancy issued prior
to January l, lg$4, and attached hereto.
The axlsting building, together with this accessory apartme'nt, shall comply
with all other requirements of Chapter 100 of the Town Code of the Town of
Southold.
This conversion for the accessory apartment shall comply with all other,
rules and regulations of the New York State Construction Code and'other'
applicable codes.
O. The property which is the subject Of this application is zoned: ~40
[xx] has not changed since the tssuanceof theCertificate of OccUpancy"at~hed.
[ ] has changed ? received, additional building permits, and Certif~cate,s of
Occupancy rot thoro cnange~ are attac~ed or wi.~ furnished. ,
COUNTY'OF SUFFOLK)
STATE OF NEW YORK) Ss.: _
Sworn to before ne this //~ day of
'(Xotary 'Pu'bli6) ~
(Signatur~h
June , 1995
~onLto
ZB5 2/6/86
NORUA HER200
NOTARY PUBLIC, Slate of New ~mk
CliO, 524510417, Suffolk Counb/ .~ ~
0mm~on E~ma Aunt 31, l~
end
Variance being applied for herewith
._h ~ ~- / / 7- Z - ~ TOWN OF SOUTHOLD OPERTY RECORD CARD
OWNER
FORMER OWNER I
STRE
VILLAGE
DISTRICTSUB.
~/f r ,De~rc ,
ACREAGE
01.4.90 .~
LOT
LAND IMP.
VL.
TOTAL
NEW
Farm
Tillable 1
Tillable 2
Tillable 3
Woodland
Swampland.
Brushland
House Plot
Totol
NORMAL
Acre
BELOW
Value .Per Acre
'~BOVE
Value
Breezeway
Garage
O.B.
ndation /
Basement
Ext, Walls
Place
Porch
Porch
Patio
Driveway
Bath
Floors
~ Finish
Attic
1st Floor
ns 2nd Floor
d
N.8
now or formerly
Nicholos d. Mondusic
KING
ST
/
ASPHALT
now or formerly
Mate/ 6 Michele Rousson
R.O.W. 49.5'
PA VEMENT
O
NOTE=
SUFFOLK COUNTY TAX MAP
DIST. lO(X) SECT. 1l___7 BLK. 0__~8 LOT 006
· · = MONUMENT
ELEV. SHOWN HEREON ARE REFERENCED
TO APPROX M.S.L. DATUM
RE'VISIONS
NOV. 5,1987
YOUNG & YOUNG
400 OSTRANDER AVENUE, RiVERHEAD, NEW YORK
ALDEN W. YOUNG
SURVEY FOR:
E~T WIND CORP.
AT
NEW SUFFOLK
TOWN OF
SOUTHOLD
SUFFOLK CO., N.Y.
SCALE:
HOWARD W, YOUNG
DEPARTMENT OF PLANNING
COUNTY OF SUFFOLK
ROBERT J. GAFF'NEY
SUFFOLK COUNTY EXECUTIVE
STEPHEN M. /ONB, A.I,C.P.
July 26, 1995
Town of Southold
Zoning Board of Appeals
Main Road
Southold, NY 11971
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)
Rutkoski, Henry
East Wind Development Corp.
Gordon, William & Victoria
Czartosieski, John & Quick, William F.
Municipal File Number(s)
4318
4320
4322
4323
GGN:mb
Very truly yours,
Stephen M. Jones
Dkector of Planning
ChiefPlanner
APPEALS BOARD MEMBERS
Gerard 1a. Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Lydia A. Tortora
BOARD OF APPEALS
TOWN OF SOUTHOLD
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1809
July 14, 1995
Rudolph H. Bruer, Esq.
P.O. Box 1466
Southold, NY 11971
Re: Appl. No. 4320 - Two Family Dwelling (Var & SE)
Dear Mr. Bruer:
Please find enclosed a copy of the determination rendered by the
Board of Appeals at our July 12, 1995 Re~,la,- Mc~ting and t'xled
today with the Town Clerk's Office concerning your variance
application.
A copy of this determination hn~ a!$o been furni-~hed to the
Southold Town Building Department for their records.
It will be necessary for the owner of the property to proceed
with the Building Department at thi.q tillle before any bui]dlng
activities or occupancy other than single-family are made. Your
project may involve the necessity for a btfilding permit and is, of
course, as discussed with you at the hearing on July 12, 1995,
subject to all codes, inClUding the New York State Building and Fire
Code and other reviews jointly with the Building Inspector and the
owner's engineer or architect.
If you have any questions, please do not hesitate to ~ our
office.
Very truly yours,
Linda Kowalsk_i
Ik
Enclosure
Copies of Decision to: Building Department
Suffolk County Department of planning
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Lydia A. Tortora
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
FINDINGS AND DETERMINATION
Appl. No. 4320.
Application of EAST WIND DEVELOPMENT CORP. as the current
owner of pm)perry located on ICing Street between Third and Second
Streets, New Suffolk, NY, identified as 1000-117-8-6, ~equesting
approval of one of the following two proposals:
PROPOSAL I: (A) Speoiai Exception, Article IIIA, Section 100-30A.2,
for permiasion to establish Accessory Apartment use in conjunction with
principal single-family use as provided by A~ticle III, Section
100-31B(13); and (B) Variance under Article III, Section
100-31B(13-e) for permi-qsion to utilize existing floor area fox- the
Accessory Apartment at a ratio of approximately 50-50% (instead of
40160%) as livable floor a~ea.
OR
Plmposal II, as follows: (C) Special Exception, Article III, Section
100-3lB-1 for approval of a two-family dwelling and related accessory
uses in an existing "former supermarket" building. (D) Variance
under Article IX, Section 100-92 (Bulk Lot Size Schedule) for approval
of lot area as exists of 21,430 sq. ft. for two-family use in thin HB
Zone District.
WHEREAS, a public hearing was held on July 12, 1995, at which
time any and all persons who desired to be heard were heard and their
testimony recorded <no opposition was submitted dtueing the hearing>;
and
WHEREAS, the Beard bas carefully considered all testimony and
documentation submitted concerning this application; and
WIIEREAS, the Board members have personally viewed and are
familial, with the premises in question, its present zoning, and the
surrounding al-ems; and
WHEREAS, the Board made the following findings of fact:
1. TWO-FOLD REQUEST: This application is two-fold, requesting
use as a two-family dwelling, rather than as a business or fo~nner
supermarket. The building is of two-story construction built prior to
1957 and is situated with frontage along three threes (two cornere):
King and Third Street, and King and Second Street, at New Suffolk.
The subject building, and accessory concrete block garage, as exist are
Page 2 - Appl. No. 4320
Matter of FAST WIND DEVELOPMENT CORP.
Decision Rendered July 12, 1995
both more particularly shown on the survey revised November 5, 1987
prepared by Young & Young, surveyors, File No. 87-389.
2. The property in question consists of an area of 21,430 sq. ft.
located in the R-40 Residential Zone District. The parcel is
rectangular and extends from one end of the block to the other, with
204.10 feet along the southerly side of King Street. The property was
for many years used as a retail supermarket with a nonconforming total
lot area and front yard setback, and prior to 1989 was located in a
business zone district. Subsequently in January 1989, the Town of
Southold amended the zoning use category for thi.~ property from
business use to R-40 Low-Density Residen~l. The nonconforming size
of the property, general layout and setbacks of the building terrain
uncbanged today.
3. Copies of Cer~ficate of Occupancy No. Z3893 dated
July 22, 1970 is in the record show/ng occupancy as a food store
business building, and a Certificate of Occupancy for Nonconforming
Premi.~es dated January 5, 1987 No. Z-15160 certifying '... bus/ness
bulidln~o~, residence, concrete fleer of demolished building, all
situated in a "B-Light Business" Zone District .... "
4. For the record and update, it is noted that the building ha.~
not been used as a supernm,'ket or other business use since prior to
1989, and thus converted to singie-f~mily occupancy. The building hag
been used as a dwelling according to the testimony given and
knowledge of town members and staff persons.
5. The preferred use of this property requested is for Special
Exception approval as provided under Article III, Section 100-3lB-1 for
two-fsmily dwelling use. The Boar~ Members have considered the
standards for a Special Exception, and find:
A. That the use will not prevent the orderly and
reasonable use of adjacent properties or of properties in
adjacent use districts;
B. That the use will not prevent the orderly and
reasonable use of permitted or legally established uses in
the district wherein the proposed use is to be located or of
permitted or legally established uses in adjacent use
districts;
C. That the safety, health, welfare, comfort,
convenience or order of the town will not be adversely
affected by the proposed use and its lacation;
Page 3 - Appl. No. 4320
Matter of EAST WIND DEVELOPMENT CORP.
Decision Rendered July 12, 1995
D. That the use will be in harmony with and promote
the general purposes and intent of this Chapter (see
notations, int'~t);
E. That the use will be compatible with its
surroundlno~s and with the character of the neighborhood and
of the eom~nity in general, partie~iarly with regard to
visibility, scale and overall appearance;
F. That the bui]dlng in which the proposed use is
hereby authorized is readily accessible for fire and police
protection.
In making thi.~ determln~tion, the Board Members also
considered the following:
A. The character of the existing and probable
development of uses in the district and the pec,,Hnr
suitability of such district for the location of any such
permitted uses.
B. The conservation of property values and the
encouragement of the most appropriate uses of land.
C. The effect that the location of the proposed use and
the location that entrances and exits may have upon the
creation or undue increase of vehicular traffic congestion on
public streets, highways or sidewalks to assure the public
safety.
D. The availability of adequate and proper public ox-
private water supply and facilities for the treatment,
removal or discharge of sewage, refuse or other effluent
(whether liquid, solid, gaseous or otherwise) that may be
caused or created by or as a result of the use.
E. Whether the use or the materials incidental thereto
or produced thereby may give off obnoxious gases, odors,
smoke or soot.
F. Whether the use will cause disturbing emissions of
electrical discha~'ges, dust, light, vibration or noise.
G. Whether the operation in pursuance of the use will
cause undue interference with the orderly enjoyment by the
public of parking or of reereation~{ facilities, if existing
or if proposed by the town or by other competent
governmental agencies.
Page 4 - Appl. No. ~r~20
Matter of EAST WIND DEVELOPMENT CORP.
Decision Rendered July 12, 1995
H. The necessity for bituminous-surfaced space for
purposes of off-street parkln~ of vehicles incidental to the
use and whether sueh space is reasonably adequate and
appropriate and can be furnished by the owner of the plot
sought to be used within or adjacent to the plot wherein the
use Sh~il be located.
I. Whether a hazard to life, limb or property because
of Un'e, flood, erosion or l~nlc my be created by reason of
or as a result of the use or by the structures to be used
therefore or by the in-ccessibility of the property or
structures thereon for the convenient entry and operation of
fire and other emergency apparatus or by the undue
concentration or assemblage of persons upon such plot.
J. Whether the use or the structures to be used
therefore will cause an overcrowding of ]~nd or undue
concentration of population.
K. Whether the plot are~ is sufficient, appropriate and
adequate for the use and the reasonably anticipated operation
and expan-~ion thereof.
L. Whether the use to be operated is unreasonably near
to a church, school, theater, recreational area or other
place of public assembly.
M. Whether the site of the proposed use is particularly
suitable for such use.
N. Whether adequate buffer yards and screening can
and will be provided to protect adjacent properties and land
uses from possible detrimental impacts of the proposed use.
O. whether adequate provision can and will be made for
the collection and disposal of stormwater runoff, sewage,
refuse and other liquid, solid or gaseous waste which the
proposed use will generate.
P. Whether the natural characteristics of the site are
such that the proposed use may be introduced there without
undue disturbance or disruption of impor 'rant natural
features, systems or processes and without risk of pollution
to groundwater and surface waters on and off the site.
6. The Board determines further that the application request for
the Special Exception shall and is granted. Therefore, the applicant's
alternative request for approval of a Special Exception for an
Page 5 - Appl. No. 41~20
Matter of EAST WIND DEVELOPMENT CORP.
Decision Rendered July 12, 1995
Accessory Apartment is deemed "moot" and inapplicable since the
two-family use applies.
7. The second part of this request is for an area variance
relevant to the size of the property at 21,430 sq. ft. which is less
than the code requirement of 80,000 sq. ft. of land al, ca for a
two-family dwelling (ref. Zoning Code Bulk Schedule). In considering
the variance application pertaining to the nonconformities of the lot
which has existed for more than 40 years (including lot size and other
nonconforming setbacks of the principal building), the Board alao finds
and determines:
(a) that the essential character of the neighborhood will be
not altered by the g-r2nt of the relief requested since thla preperty is
substalltlally larger (double) than the properties in the neighborhood
with single uses;
(b) that the relief as requested is the minimum necessary to
afford relief to the applicants;
(c) the difficulties claimed do not violate the permitted
lot size or setback schedules of the Code pertaining to impreved,
preexisting nonconforming lots;
(d) that there is no alternative which is feasible for
appellant to pursue other than thia varlanco since there is no other
land area available;
(e) that the use proposed for a two-family dwelling with
accessory uses {art studio related to the owner's residence} is listed
as an allowable Speo_ial Exception use in this R-40 Residential Zone
District, and this project is not out of character of thi.q residential
and wate~frent community - the property is double the size of lots
generally existing in the neighborhood and the character will continue
to be residential;
(f) in considering all of the above factors, the interests
of justice will be served by granting the relief requested, as
conditionally noted below.
Accord ingly, on motion by Member Dinizio, seconded by by
Chairman Goehringer, it was
RESOLVED, that both requests, identified as file 4320-C for a two
family use by Special Exception, and file 4320-D for an area variance,
are hereby GRANTED with the following:
Pa~e 6 - Appl. No.
Matter of EAST WIND DEVELOPMENT CORP.
Decision Rendered July 12, 1995
1. There shall be a separation between each residential living
unit, as shown on the ground floor sketch at the top of the westerly
staircase extending from the ground floor), as proposed by applicant.
2. Each of the two proposed dwelling units sh~ll contain only one
kitchen (sink-stove refrigeration area);
3. Each of the two preposed dwelling units shall be limited to
single-f~mily occupancy.
4. Downstaira (first floor) of building shali ren~qin as a
acc. essor~r al~ Or common area~ related to the residential use of the
property (not for separate rental or additional residential unit).
5. Art studio shall not be a separate use and sl~all be succinct
or accessory with the permitted residential use of the property.
6. The alternative requests for an Accessory Apartment with
Owner Occupancy (4320 A & B) by Special Exception and variance as to
floor area, are not needed and are hereby withdrawn.
SE
Vote of the Beard: Ayes: Messrs. Goehringer, Doyen, Dinlv. io,
, a!ld To,rtora. Thi.~ resolution was duly ad. opted. Member Villa
aosta~ned 'on principle pertaining to tire code compliance
prior to votin9 on the special exception"while the other mem-
bers feltVcould,be done later with the Building Inspector
*In seconding this motion, Chairman Geehringer confirms that this
project is subject to obt~inlng all other ag~ncy approvals as
determined by applicable codes and laws - including the New York State
Building and Fire Code wbJch is administered by the Building Inspector
upon receipt of an application prior to occupancy as a two-fnmily
CH~MAN
RECEIVED AND FILED BY
t Town Clerk, Town oi Sou'~hoi~__ ~
TOWN OF SOU IHOLU, NEW YORK
TO THE ZONING BOARD O'F APPEALS, SOUTHOLD, NEW YORK:
I (We), ~ast Wi_~d Deve]oPm~ne. ~orlb. of
P. 6/8
Date Filed: ~' ~ 5'
JUN ) 6 1995
q K~nnedv Dr:~ve Seutheld Town Clerk
(I~,.$i~nce; Ho~'se ,o. and street)
East Quogue, New York 11942
-- (H~ml~t= S~ate, Zip COde, Telephone Number)"
hereby apply to THE ~ONING BOARD OF APPEALS for a SPECIAL EXCEPTION i~ accordance with
the ZONING ORDINAN~,I ARTICLE Iix , SECTION 100 31 , S~SECTION B(1)
and 1ARTICLE IIIA SECTION 100-$0A.2 SU~BEOTION A(1)
for the below-described property cdr the following uses and purposes (and ~s $lmwn on
the attached plan drawn to scale}:
~o one-family d~ell£ng ::its a~O an accessory art mt:~o in
su~ormarket bull<Ling locate~ on Kin~ gtreet bmtw~en Thir~ Street
and Second Street~, New Suffolk, New York
*Walter Wertbmuller and Garance Werthmull~&, him wife e Gil Gol~stein and
Ellen'Gol~stein, his wiie, are two couples purchasing ~he subject premises
from East Wind Development Corp. subject to this
A. Statement of Ownership and.Interest, *SEE ~0~
East Wine D~velopmen% cord .... is([rej the owner[s)
property known and referred to as s/e Kinq Street betwee~ &ne Street aaa 3zd Street
(Hou'se No., Street. H~let ),
identified on "th~). Suffolk County 'Tax ~ps as DistriE't tO00, Sectiom 11~--, Block 'B
Lot{s} 6 , ~hich is not (is) on a subdivision Map (Filed ~/.a.
"~p of' m/a "Filed ~. :/a ,
and has Been approved by'the Sout'h61d ?ow~' Planning Bo~d on ,. n/~
a~ a [Minor] [Major])Suhdivision).
The above-described property was acquired oy the owner on
B, The applicant al)eges that the approval of %his exception would ~ in nar~ny with
the intent an~ purpose o¢ said aoning ordinal? aP~ that the propose: use confo~s to
the standards prescribed therefor in said oro~nance and would not ~ detri~ntal ~o
proper~y or persons iff She neighborhood fo~ t~ following
~he ~tr~otu=e which wa~ o=iginally a mu~erma=ket wool4 be :~ea for
residential purposes which is w~at the proper~y im ~uuu~tly ~oned
C. The pro~rty which is the subject of ~is application is zoned R40 and
Fx] ~s.Co~.!i{~e~t ~.th the use{s) described in the ~oning Code .with a Variance.
L ] is not ~o~istent with the Certificate of Occupancy being furnis~d herewith
for the following
[ ] i~ vaCant land.
COUNTY OF SUFFOLK~ ~'r LO
. By~ ~)gnatureJ/~ose~n~. ~to~lto '?"
d~y of
~t~ry ,ubfic)-. i .. ,
ZB2 (rev. 2/6/86)
#Ol'A NORMA I~RZO~
RY PUBLIC. Slate of New
No. 5246104i?, Suffolk Counby .,., ~-
~omml~ E,~p~re-, ~t 31, 19.~ 3
JUN 14 '95 12:~0
P. 4×8
· row.
APP~ NO. r EECEIVED
THE ZONING ~OA~D OF APP~, TOWN OF $OUTHOLD, N, Y.
N~me of Appellant' Street and Number
gas: ~og~e ....................... ~e~ Yo~ ~a~BY APPEL TO
,PeU~TION FOR PE~IT NO .......... ~.(~ .................... nATEO .D/.~ .......... ~..~o...~..D.~...~.D~. 274~
WHEREBY THE BUILDING iNSPECTOR DENIED TO
Nome of Applicant for permit
af
Street and Number Municipality State
( ) .,PERMIT TO USE
( ) pERMI.r FOR. O~CUPANCY
( )
s/S in~, Street be:ween 2nd Street & 3rd Street
i, u cx.rlON op'm; pROP;R Y ........ ..........
O~strict ~000 Section 1LTa~ock~ Lot6. - __~
........ -- ............. ~.~urru.u ~er EaSt Wi~ Develooman~ Corp.
Map No. '~t No. P~o~ Owner. ,,
2, PROVISION (S) OF THE ZONING ORDINANCE APF~LED (l~ic~fe the A~tcle
section and Paragraph Of the Zoni~ Ordinate by numar. Do ~t quote the Ordinate.)
3. ~PE OF APP~L Appeal is made herewith for (please check appt0pr~aCe box)
( x ) A VARIANCE to the ~ning Ordi~nce or Zoeing ~p
( ) A VARIANCE~ue ta lack of access (State of N~ York T~ L~ Chon. 62
A~t. 16 Sec. 280A Subsection 3
()
4, pREVIOUS APPEAL A prtlviuu$ uppeal (has) ~i~l~:eee~ bach made with ,espeat te thll deeisten
Of the Buildi~ Insp~t~ or with respect to this Drapery. see Zoning ,Board of ~ppeal~ file
' Such Gppeal ~s ( ) request for o spe~iat permit
[ ) 'request for a variance
and was mode in Appeo. No ................................ Dat,d ..................: ......... , ......................................
--- REASO~ FOR APPEAL' ":'
(x) A Variance to the Zoning O~inance -
( )
is r~uested for the ma~n ~at Lhe applicante contract vendees would like .%o use the
pr~iae.s, that .we=e previously used as a super~rket and one f~ily apartment
as =wa resi6enbial family un,ts and ar: atudiu, ~zze unit belr~g ~lal~ified a~
as 'accessory aperient. The variance is requeste~ in order that the 40% area
requiremen: :o~ :~e accessory apar:ment be waived and th=: the premiere can be
campier&iv o~e: occupied (a one-f~ily 6welling and accessory apartment)
~ ZaI (Continue on othe~ side)
REASON FOR APPEAL
. Con t inu¢¢ll
I STRIC'~ APPLICATION OF THE O~DINANCE would produce practical di[f[culties or unneces-
5HIP because the building was not constructed for use as a one-~mily
sa~H~O ....... ~-i~h at ~s presently ~one~ for.
It w&~ assigned, built and use~ as a supermarket with one apartment.
Present zoning will not now permit the supermarket
was co~otructed
The constr'uction is such that the 40% accessory use requirement ie impractical
iR that the building ls too large. That the acueseo~y apartment already
.has. defines boundaries that excee~ the 40% limitations in actuality and
construction. ~ach apartment stroll be approximately ~0% of theliving area.
Ex=mwle as to :ho second a~a~tment, the Dlumb~ng and kitchen and bathroom
facility shoul~ be on the first floor due to the present make up 0£ the
The owners intend to use the property &s their own residence and relief
from the Leasing requirement8 of ~he ord~%anG~s is r~quirea-
2. The hard~lp createdis UNIQUE'andisnotshared by aU prope~ies alike in ~he Immediate
vicJoi~ ofthi$ prOpe~y ondln this use district because It'G the only building built to be
a supermarket in the Town. It is now zoned for a one-family dwelling,
although when built the zap'ting use wa~ p~ope~.
3. The Variance would ubserve the spirit of the Ordinance and 'WOULD NOT CHANGE THE
cHARACTER OF THE DISTRICT because, the axis. ting structure will r.e. main ~he. same.
Den_~ity will decrease. '
~.as t~ ·
............. : ...............
/ June 9 5
5worn t~ thla ................. ~ .....................day o~ .........................................................
......................... P.b,i
NOTARY PUBLIC, State of New Yor~
~, 52.46~04t7 Sullol~ County
Commission E~m~ A~gu~ ~1 19~
TOWN OF SOUTHOLD, NI[%M YORK
APPEAL FROM DECiSiON OF BUILDING ;NSPECTOR
........................ ',fUN 1 6 1995
TO THE ZONING ROARD OF APPEALS, TOWN OF $OUTHOLD, N. Y.
· d DeVelo~uL~enC Cor~.A, 9 Kennedy Drive
1, (We) East W}~9. ............. , .................. ~ ............................. ~ .................................................
............ '~'~ ~f Appellant 5tree~ and Number
~ Ooo~e ..................................... ~e~ ~o=~ ~rBY aPPeL TO
THE ZONING BOARD OF APP~ FROM TH~ DECISION OF THE BUiLDiNG IN~PE~0E ON
APPLI~ION FOE PERMIT NO ....................................
WHEREBY THE BUILDING INSPE~O~ DFNIFO TO
~mutheld Town Clerk
274B
( )
¢ )
Nome of Applicant for permit
of
Street and Number Municipality State
pERMiT TO USE
pERMiT FOR OCCUPANCY'
' ~/n Kine Stree~c between 2nd Street &
1. LOCATION OF THE PROP~:RTY -': ,.m .......... - ........................................................... :" '
Street 7~am~eE 7 Use Dstrict on Zonmg
Ois:~lc~ lO00 ~ec~ionllTB~ock 0 Lo~ 6 - -
....................... _-- ..........,~.Gurrenz ~ner L~aSt w:nd uev91o~ment co:p.
Map No, '~t No. P~O~ 0~ne~
2. PROVISION (S) OF THE ZONING O~OlNANCE APP~LED (Indi¢ate the A~icle Section, Sub-
section and Paragraph of the Zoning Ordinance by number. Do not q~te the Ordinance.)
3. ~PE OF APPEL Appeal is made herewith for (please chec~ appropria:e box)
( ) A VARIANCE due to tack of access (State of New York T~n ~ Chop. 62 ~ns. Art. 16 Sec, 280A Subsecti~ 3
Of ~e GuiMJng Inspector or with respec~ to ~his
Suc~ a~peal wos( ) ~ques~ for a special ~ ) request for a
- ~N FOR APPEL '
( ) A Verlonce tg Section 2B0~ Sub~ction 3
(x) A Variance to the Zoning Ordinaece
( )
iS r~uested for the reason thatay~licant acsires to have two one-/amily dw911ing
units on the property having less than 80,000 sq. ft. '
~0rm Z~ {Continue on other side)
P.
REASON FOR APPEAL
Con~inuec~
STRICT APPLICATION OF THE OEDIHANCCwOuId produce precticaldlfficulttes or unnecas-
" m~e the existing structure is ideal for two one-family
s~,vI{A~DSHIP~e¢ . - ~ ~-- ~h~ onlY problem is the lack of oquare
2. The hardship createdis UNIQUE andisnotshored by all prope~ies alike in the immediate
vicinity ofthis properly and in this use district because there is no other property in
Sou~hold Town li~ this. The construction and area of the building lends
itself for this case.
3. The Vari¢nce would observe the spirit of the Ordinance u,,d WOULD NOT CHANGE THE
CtlA~ACTER OF THE DI~VRICT because the existing structure will remain the
~ameL. Density is decreased by one-family usage. The subject parcel
is.more than ~oub]. th. average lot size Of adjoining properties.
STATE OF NEW, YORK
COUNTY O~X/'~,
NOTICE OF
IRIBUC HEARING
NOTICE IS HEREBY GlVEN,
punuam in Section 267 of the Town
]~w ~nd the Code of the Town of
Southold, that gte following public
'bestiRS will be held at ~ Special
Meeting of the SOUTHOLD TOWN
BOARD OF APPEALS. a~ the
Southold Town Hall, 53095 Main
Roml, So, bold, N~w ybdr~l1971;~(m
WEDNESD&¥~ JULY 12, 199S,
7:50 p.m. dBkl, No. 431'/
EDWIn ~d WALD ~.ONYES
flOR ~ ~c~ IX.
ins.~s i~ ~ ~'~
n~v~l~ ~o.f~ily=dwellins wi~
inK house coat,ns u total ~n
7-.~O'Pan'-Appl. No: ~316 -- O~-
CAit and BKTH BLEVINS~ This_is a ly I 0,,~00'sq. it* in stet w .hich is ~bei.'t~e
Variance based, upon-the May:ti., offend in thi~pmjec~m
3250 ~
T:40~ P-m:- App
HX.~It~RurItoWSKL~Thi~
yad~basod
30A.3 ~ S~cfion
"'7:45 p.m. AppL-No:-4321
~p~ ~ C~
dweJlin~ wi~ ~ i~uffl~nt fMnt
Yo~ To~ ~w. ~on
~ ve~cl~ over a ~vn~ ~f-
O~n R~ Cutc~ ~n~t~
~x~Jy 1035 f~
dl ~s~ ~ s~ey ~ June. 7~
t~5 ~ for F~k ~ ~uis~
STATE OF NE~ORK)) SS:
COUNTY OF SUFFOLK )
In said County, being duly sworn, says that he/she is
Principal Clerk of THE SUFFOLK TIMES, n Weekly
Newspaper, published at Mattltuck, In the Town of
.~onthold, COgt3~ Of Suffolk and State of New York,
and' that the Notice of which the annexed ts a
printed copy, has been regularly published In smd
Newspaper once each week for J weeks
con 5 __ on the of
APPEALS BOARD MEMBERS
Gerard P Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Lydia A. Tortora
BOARD OF APPEALS
TOWN OF SOUTHOLD
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1809
June 28, 1995
Rudolph It. Bruer, Esq.
P.O. Box 1466
Southold, NY 11971
Re: Appl. Nos. 4320 A-D for East Wind Development Corp.
Dear Mr. Bruer: .
Please find enclosed a copy of the Legal Notice as published by
our office. The current owner should attend the public hearing with
you at the time specified, ff possible, to answer possible questions
from the audience or from the Board Members.
Also enclosed is a Poster which must be placed at this time either
on a stake or other post, or on the front of the dwelling facing the
King Street where it can be easily seen by passersby. It is expected
that Board Members will individually visit the area and view the
property yard areas.
Once the poster has been placed, please complete the attached
Confirmation of Posting and return it to our office either by mail or
hand delivery for our update and permanent file. Thank you.
Very truly yours,
Enclosures
IAnda Kowalski
BOARD OF APPEALS:TOWN OF SOUTHOLD
In the Matter of the Application
of
EAST WIND DEVELOPMENT CORP.
CONFIRMATION OF POSTING
I, , residing at
being duly sworn, depose and say:
That on the day of June, 1995, I personally posted the
property known as ~965 Second Street, New Suffolk, NY" by placing
the Town*s official poster Notice on the front of the dwelling facing
King Street where it can easily be seen, and that I have checked to
be sure the poster has renmlned in place for at least seven days
prior to the date of the public hearing (date of hearing noted
thereon to be held July 12, 1995. )
Dated: June , 1995.
( signature )
NOTIC
OF HEARING
NOTICE IS HEREBY GIVEN that a public hearing will be held by the
SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road,
Southold, New York, concerning this property.
F~OWNER(S) OF RECORD:
DATE OF PUBLIC HEARING:
If you have an interest in this project, y to view the Town file(s)
which are available for inspection prior to the day of the hearing durincj normal
business days between the hours of 8 a.m. and 4 p.m.
BOARD OF APPEALS · TOWN OF SOUTHOLD ° (516) 765-1809
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Lydia A. Tortora
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
SEQRA UNLISTED ACTION DEC~TION
June
16, 1995
Appeal No. 4320(A_D)Project Name: East Wind Development Corp.
County Tax Map No. 1000-117-8-6
Location of Project: King Street, New Suffolk, NY
Relief Requested/Jurisdiction Before This Board in this Project:
A. Accessory Apt. use ~. Two-family dwelling
B. Livable floor area 50-50% instead of 40-60%D. Lot area as exists for two-family use
This Notice is issued pursuant to Part 617 of the ia~plamenting
regulations pertaining to ~rticle 8 of the N.Y.S. Environmental Quality
Review Act of the Environmental C~nservation Law and Local Law $44-4 of
the Town of Southold.
Aaa Enviromnental Assessment (Short) Form has been submitted with the
subject application indicating that no signific~mt adverse environmental
effects are likely to occur sh0u]d the project k~ i~lemented as planned,
and:
{ } this Board wishes to assume Lead Agency status and urges
coordinated written con~nents by your agency to be sub~tted with the nex~
20 days.
{ X } this B~ard has taken jurisdiction as Lead Agency, has deemed
this Board of ~4>peals application to be an Unlisted SEQRA Action, and has
declared a Negative Declaration for the following reasons:
a. An Environmental Assessment has been submitted a_nd evaluated, and/or
b. An inspection of the property has been ~de, or
c. Sufficient information has been furnished in the record to evaluate any
possible adverse affect of this project as filed, and/or
d. This application does not directly relate to new construction or
on-site i/mprovaments.
{ } this Board refers lead agency status to your agency since the
Board of Appeals does not feel its scope of jurisdiction is as broad as
the Ptoaaning Board concerning site changes and elements under the site
plan reviews. The area of jurisdiction by the ~R~ard of Appeals is not
directly related to site ir~rovements or new buildings: (However, if you
do not wish to ass~h-ne lead agency status within 15 days of this letter, we
will assume you have waived same, and we will be required to proceed as
Lead Agency.)
For further information, please contact the Office of the Board of
Appeals, Town Hall, Main Road, Southotd, NY 11971 at (516) 765-1809.
JUDiTti T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
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. u,320 (Applications A,B,C,& D)
DATE: JUNE 16, 1995
Transmitted are four (1~) applications submitted by EDSON & BRUER on
behalf of EAST WIND DEVELOPMENT CORP.( ~ applications: A - Special
Exception for Accessory Apartment; a Variance for Accessory Apartment
floor area; C - Special Exception for Two Family-Use; D - Variance for Lot
Area pertaining to Two-Family Proposal) together with Notice to Adjacent
Property Owners; Notice of Disapproval from the Building Department; Short
Environmental Assessment Form; Zoning Board of Appeals questionnaire; and
other relevant documents.
~XJ~dith T. Terry ~'
Southold Town Clerk
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Lydia A. Tortora
BOARD OF APPEALS
TOWN OF SOUTHOLD
MEMORANDUM
Sonthold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 1 t971
Fax (516) 765-1823
Telephone (516) 765-1809
RECEIVED
JUN 1 6 1995
southold Town Clerk
TO: Town Clerk's Office
FROM: Linda Kowalski, ZBA Secreta~,c~tfc)
DATE: June 16, 1995
SUBJECT: Multiple Applications - King, Second & Third Streets,
New Suffolk 1000-117-8-6 (East Wind Development Corp.)
Transmitted for filing are four applications flied today by Rudolph
Bruer, as Attorney for East Wind Development Corp., the owner of
the premises which is the subject of these requests:
A - Special Exception for Accessory Apartment
B - Variance for Accessory Apartment floor area
C - Special Exception for Two-Famliy Use
D - Variance for Lot Area pertaining to Two-Family Proposal.
The maximum fee listed under the code fee schedule for ZBA
applications is $600.00 for multiple requests pertaining to the same
property as a single and separate lot.
You may provide a single application number, however, we ask that
you please refer to them with a separate letter to show A, B, C and
D since we will be preparing separate folders and the Beard may
choose to render separate determinations on each.
Thank you.
BOARD OF APPEAL~ fOWN OF SOUTHOLD
In the Matler of Ihe Petition of
to the Board of Appeals of the Town of Southold
TO:
Nicholas Mandusic, Jr.
33-46 92nd Street
Jackson Heights, New York
11372
NOTICE '~".~
TO
ADJACENT
PROPERTY OWNER
YOU ARE HEREBY GIVEN NOTICE:
1 T,ba4"~s'~ int~.L~fi°n-of4h .e'-t~,dersigned to petition the Board of Appeals of the lown of Southold
torequesl~~(SpecialPermit) (Other) ]circle choice]
2. That the property which is the subiect of the Petition is located adjacent to your property and is des-
cribedas follows: south side of King Street between Second Street and Third
Street, New Suffolk, New York
3. That the property which is the subject of such Petition is located in the following zoning district:
R40
4 1hat h'~ st,ch Peliti.n. the undersigned will request the following relief: Have a one family
dwelling with an accessory apartment having an are~ greater than 40% of
the livable _space or as a two family dwellinq on property less than 80,000
square feet
5. Thai the provisions of the 5outhold Town Zoning Code applicable to the relief sought by the under-
signedare Article III Section 100-31 Subsection B(1) & B(13) *see below
[ ] 5ecti0n 280-A, New York Town Law for appr0vai of access over r~ght($)-of-way.
b. That within live days from the date hereof, a written Petition requesting the relief specified above will
be filed in theSouthold Town Clerk's Office at Main Road Southold, New York and you may then and there
examine the same during regular office hours. (516) 7~5-1809.
7. That hefore the relief sought may be granted, a public hearing must be held on the matter by the
Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such
hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the
Town of $outhold 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: June 15~ 1995
~ ~ East Wi~ Develo~ent Corp.
Petitioner
0wners'Names:East Wind Development Corp.
Post Office Address
c/o Edson and Bruerr Esqs.
P.O. Box 1466, Southold, NY 11971
Tel. No. ( 516 ) 765-1222
/is on file with the Zoning office
[Copy of sketch or plan showing proposal ~ax~ax~g~h~ for convenience
~m~m~stx~ and review if desired.
NAM~
PROOF OF MAILING OF NOT CF
ATTACH CERTIFIED MAIL RECEIPTS
ADDRESS
Nicholas Mandusic, ~ J~r._-
Receipt for
No insurance Coverage provided
~' {See I
33-46 92nd Street
Jackson Heights, New York 11372
STATE OF NEW YORK )
COUNTY OF SUFFOLK)
SS,:
Melissa Eckhardt . residing at 955A Deep Hole Drive. Mattituck,
New York 11952 , being duly sworn, deposes and says [hat on the 15th day
of June ,19 95 , deponent mailed a true copy of the Notice set forth on the re-
verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective
names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on
the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of-
fice at Southold, New York ;that said Notices were mailed to each of said persons by
(certified) (xeR~ra~l~ mail.
Sworn to before me this 15th
June ,19 95
Notary Public
BESSIE L AUSTI~
Notary Public, St~e of Illaw Ye~k
__ ..No. 62-3203050
MUll/fi*id in Sl~f~lk Coumv
Comm~ee~on E, qedree , ":'19..~
fl&l
Melissa ~:cKl~arot
(This side does not have to be completed on form transmitted to adjoining
property owners )
BOARD OF APPEALS, fOWN OF SOUTHOLD
In the Matter or the Petilion of
to the Board of Appeals of the Town of Southold
TO:
NOTICE
TO
ADJACENT
PROPERTY OWNER
Matei Roussan and Michele Roussan
4455 Douglas Avenue, Apt. 12C
Riverdale, New York 10471
YOU ARE HEREBY GIVEN NOTICE:
f. TJ~a~"~ in~/.e.j~i~~ersigned to petition the Board of Appeals of the Town of Southold
to request a~Va'~SpecialException~l(SpecialPermit) (Other) [circle choice]
).
2. That the property which is the subject of the Petition is located adiacent to your property and is des-
cribed~,sfollows: south side of King Street between Second Street and Third
Street, New Suffolk, New York
3. That Ihe property which is the subiect of such Petition is located in the following zoning district:
R40
4 1hat b'~ sud~ Pelition, tile undersigned will request tile following relief: Have a one family
dwelling With an accessory apartment having an are~ greater than 40% of
the livable space or as a two family dwellinq on property less than 80,000
square feet
5. ]hat the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signedare Article III Section 100-31 Subsection B(1) & B(13) :~see below
[ ] Secti0n 280-^, New York Town Law for appr0va] of access over ri§ht($)-0f-way.
6. That within five days from the date hereof, a written Petition requesting the relief specified above will
be filed in the South01d Town Clerk's Office at Main Road. Southold, New York and you ma), then and there
examine the same during regular office hours. (516) 76~5-1809.
7. That before the relief sought may be granted, a public hearing must be held on the matter by the
Bqard of Appeals; that. a notice of such hearing must be published at least five days prior to the date of such
hearing in the Suffolk Times and 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: 'June 15,' 1995
~tit-o~ner E~st' WlnY~ D~va4/opment Corp.
0whets'Names:East Wind Development Corp.
Post Office Address
c/o Edson and Bruer, Esq,,
P.O. Box 1466, Southold, NY 11971
Te]. No. (516) 765-1222
' · ,is on file with the Zoning Office
[Copy o.f sketch or ~lan showing proposal/~x~xm~mx~ for convenience
~ and review if desired.
*Article IIIA Section 100-30A.2 Subsection A(1)
NAM~
PROOF OF MAILING OF NOTICF
ATTACH CERTIFIED MAIL RECEIPTS
ADDRESS
Matei Roussan ancL ~-' e Roussan
ReceiPt
. Certified Mail
4455 Douglas Avenue, 'Apt. 12C
Riverdale, New York 10471
STATE OF NEW YORK )
COUNTY OF SUFFOLK)
Melissa Eckhardt _~ residing a! 9.55A Deep Hole Drive, Mattituck,
New York 11952 · , being duly sworn, deposes and says that on the 15'th day :
of June ,19 95 , deponent mailed a true copy of the Notice set 'forth On the re-
verse side hereof, directed to each of the above-named persons at the addresses set opp6~i(~ 'th&ii'?~p~ctiv~. '
names; that the addresses set opposite the names of said persons are the addresses of said pe~'sons 'as shown on
the current assessment roll of the Town of Southold; that said Notices were mailed at 'the United States Post Of-
rice at Southold, New York
(certified) (registered) mail.
Sworn to before me this 15t~
day of June ,19 95
; that said Notice~, were mailed to each of said persons by
Melissa Eckhardt
Notary Public
(This side does not have to be completed on form transmitted to adjoining
property owners.)
617.21
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. APPLJCANTIBPONSOR I 2. PROJECT NAME
t
3. PROJECT COCATION:
· Mun~m0.,~ New Suffolk C0un~ Suffolk
SEQR
south side King Street between Second Street and Third Street,
New Suffolk, New York
[] New [] Ex~a.$*o. [] Modlflc.t fon/a~teral~o.
alter use of supermarket building to two one-family dwellings
with an accessory studio
T. AMOUNT OF LAND AFFECTED'
,.,,,.,,y 2.1430 Sq.~t.cr., U,,,m.i.,y 21430 sq.ftac,.,
8. WILL PROPOEED ACT;ON COMP[.*( WlTN EXISTING ZONING OR OTNER EXISTING LANO USE RESTRICTIONS7
nver ion Wl~ require' a special exception and an area variance
sinbe property is less than 80,000 square feet
STATE OR LOCAL)?
Southold Town Buildipg Department/Certificate of Occupancy
uzzo~ng oepar<ment/premises can be used for one
apartment and accessory studio
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
If the action is in the Coastal Area, and you are a state aG[ency, complete t~e
Coastal Assessment Form before procoedlng with this assessment
OVER
~ ,iContinued on reverse side)
of th -s;_~r~n~nta½ ~{~ty ~ev~ew ^ct reguires submission
. before any action is taken.
SHOR~ ENVInONME~TAL ASSZSSMENT FO~M
I_NSTRUCTIONS:
(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 and the likely impacts of th~ action. It is not expected that
additional studies, research or other investigations will be undertaken.
(b) If an~ question has been answered Yes the project may be sig-
nificant and completed Environmental Assessment Form is necessary.
(c) If all questions have been answered NO it is likely that the
project is not significant.
(d) Environmental Assessmeht
1. Will project result in a large physical change
to the project site or physically'alter more
than 10 acres of land?
__Yes: X_~NO
2. Will there be a major change to any unique or
unusual land form on the sate? Yes XNo
3. Will project alter or have a large effect on
an existing body of water? Yes X No
4. Will project have a potentially large impact on
groundwater quality? Yes X Nb
5. Will project significantly effect drainage flow
on adjacent sites? Yes XNo
6.Will project affect any threatened or endangered
plant or animal.species? . .
7. Will project result in a major adverse effect on
air quality? Yes ,,X,No
8. Will project have a major effect on visual char-
,. known to be important to the community? . Yes X No
9. Will project adversely impact any site or struct-
ure of historic, pre-historic, or paleontologi=al
importance or any site designated as a critical
'. envircemental area by a local agency? Yes X No
10. Will project.have a m~jor effect on existing or
future recreational opportunities? Yes X No
11. Will project result in major traffic problems or
cause a major effect to existing transportation
· ~ ' systems?.-. -~ ........... ~'% 3- ~' -' i ..... : ',.':~ ___Yes: X'N0
12. Will project regularly cause objectionable odors,
noise, glare~ vibration, or electrical disturb- :
.. aece as.'a result of the project's operation? ___Yes X No
13. Will project have any impact on public health
or safety?
14. Will project affect the existing community by
directly causing a growth in permanent popula-
period Or have a major negative effect on the ___Yes X NO
charact~ of the community or neighborhood? ·
15. IS there public controversy ooncern'in~
project? . .
~Yes X NO
QUESTIONNAIRE
FOR FILING WITH YOUR Z.B.A. APPLICATION
A. Please disclose the names of the owner(s) and any other
individuals (and entities) having a financial interest in the
subject premises and a description of their interests:
(Separate sheet may be attached.)
East Wind Development Corp. owner/seller
Walter and Garance Werthmuller . purchaser
Gil and Ellen Goldstein purchaser
B. Is the subject premises listed on the real estate market for
sale or being shown to prospective buyers? { x } Yes
{ } No. (If Yes, please attach copy of "conditions" of sale.)
C. Are there any proposals to change or alter land contours?
{ } Yes {x} No
1. Are there any areas which contain wetland grasses? no
2. Are the wetland areas shown on the map submitted with
this application? no
3. Is the property bulkheaded between the wetlands area and
the upland building area? no
4. If your property contains wetlands or pond areas, have
you contacted the Office of the Town Trustees for its
determination of jurisdiction? no
E. Is there a depression or sloping elevation near the area of
proposed construction at or below five feet above mean sea
level? n/a (If not applicable, state "N.A.")
F. Are there any patios, concrete barriers, bulkheads or fences
which exist and are not shown on the survey map that you are
submitting? none If none exist, Please state "none."
G. Do you have any construction taking place at this time
concerning your premises? no 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? no If yes, please explain where or submit copies
of deeds.
I. Please list present use or operations conducted at this
parcel apartment and storage space studi9 and
proposed use two apartments and art studio
~6~-~/ze~ Signature' And' Date
3/87, 10/901k
NO. 4
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N. Y.
CERTIFICATE OF OCCUPANCY
No. Z..~8.~..~ ................ Dote ............................ J~!.~ ....... 22 ...... , 19....~.0
THIS CERTIFIES that the building located at ......
~ ~ :~'~ ' "~ ' ' 'P'tS'~' "~ %,' ................................ Street
Mop No. '~EZ~ ................ Block No. ~ ................. lot No.x.~ ....... ~'~"~/"'~LTi'~'];~"'";';':';";' ..............
conforms substantially to the Application for Building Permit heretofore filed in this office dated
............................... ~'~b' ......... ~6 ............. , 19..7~. pursuant to which Building Permit ~1o...h~.~_~.,Z..
dated ............................. ~b .......... 2~'""" 19...~,O, was issued, and conforms to oil of the requirements
of the applicable provisions of the law. The occupancy for which this certificate is issued is ........
................. ~s-~'~-"P~±~ ....... ('f~od'"~tOT~') ....................................................................
The certificate is issued to ' '~
...... ~h~. ~ ~t- ./~w~kt ........ ~..n~. .....................................................
(owner, lessee or ter~=nt)
of the aforesoid building.
House # 965 2nd St
600 ~ino St
Building 16SPector [
TOWN OF SOUTIIOLD
OFFICE OF BUILDING INSPECTOR
TOWN tIALL
SOUTttOLD, NEW YORK
CERTIFICATE OF OCCUPANCY
NONCONFORMING PREMISES
TillS IS TO CERTIFY that the
[--/ Land Pre C.O. 0- z-15160
[~ Building(s) Date- January 5, 1987
/-/ Use(s)
located at 950 Third Street & 965 Second Street & 600 King Street
Street Hamlet
shown on County tax map as District 1000, Section [[7 , Block
New Suffolk
08
Lot 06
does~not)conform to the present Building Zone Code of the
Town of Southold for the following reasons:
Insufficient front yard set-backs non-conforming residence
On the basis of information presented to the Building Inspector's Office,
it has been determined that the above nonconforming /~/Land /x_--x/Building(s)
/--/Use(s) existed on the effective date the present Building Zone Code of the
Town of Southold, and may be continued pursuant to and subject to the appli-
cable provisions of said Code.
IT IS FURTHER CERTIFIED that, based upon information presented to
the Building Inspector's' Office, the occupancy and use for which this Certifi-
cate is issued is as follows: Property contains business buildings, residence;
and concrete floor of demolished building; all situated in 'B' light business,
with access to Second Street; a Town Road
The Certificate is issued to · JEFFREY & ANN HUNTER
of the aforesaid building.
(owner,
Suffolk County Department of Health Approval
UNDER\VRITERS CERTIFICATE NO.
N/A
· N/A
NOTICE IS HEREBY GIVEN that the owner of the above premises }UkS
NOT CONSENTED TO AN INSPECTION of the premises by the Building Inspec-
tor to determine if the premises comply with al! applicable codes and ordin-
ances, other than the Building Zone Code, and therefore, no such inspection
bas been conducled. This Certificate, therefore, does not, and is not intended
to certify that the premises comply with all other applicable codes and regula-
tions.
i~,ui~ din .~ s p~e c for