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HomeMy WebLinkAbout4317 r ^~%O ~ryLr~r~% ~'~f~TiA/C~ ~2crLr5r.t/C~ /rtJ ~/~rs /-T'/J L/~nr _.r~rr_ Or (~f3 % J~~/te~L°GZ. GISG Ct fI fsrL 7I/~z ~r^f}fur `~p v JriJ® ~r~i~?1~.~°% G-' r~7`~~:, /"e's~ lC~rgJ`~p~E> rQ ~GC1 ~/~s4r~ ~l~`r?7 GeJr ; r¢rrcl c ~°rr?L~ L S4,) t APPEALS BOARD MEMBERS h~o~OS~FF~~,~ COGy Southold Town Hall Gerard P. Goehringer, Chairman < 53095 Main Road Serge Doyen, Jr. r°n x P.O. Box 1179 James Dinizio, Jr. O Southold, New York 11971 Robert A. Villa y O` Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS AND DETERMINATION Appl. No. 4317. Application of EDWIN and DONALD TONYES. I'his is a request for a Special Exception under Article IX, Section 100-91B, for permission to convert existing building in this Harriet-Business (1113) Zone District. The subject lot with existing houst, 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. WHEREAS, public hearings were held on July 12, 1995, and September 13, 1995, at which times any and all persons who desired to be heard were heard and their testimony recorded; 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 areas; and WHEREAS, the Board made the following findings of fact: 1. APPLICANT'S' REQUEST: This application is a request for approval of one of the following uses: (a) two-family dwelling use with retail store, referred to as "A"; (b) three-family dwelling, referred to as "B"; or (c) two separate apartments for rental purposes, referred to as "C." 2. EXISTING PRINCIPAL USE: The existing building is shown on the town's records as 1-1/2 story construction, plus one story at the rear portion of the building. A Certificate of Nonconforming Premises No. Z13809 issued August 31, 1985 indicates that the property is permitted to be used as a one-family dwelling with accessory buildings in what was then zoned "B-I General Business," based on the July 11, 1985 survey prepared by Peconic Surveyors, P.C. Page 2 - Appl. No. 4317 Matter of EDWIN and DONALD TONYES Decision Rendered October 11, 1995 3. SIZES OF BOTH PARCELS: As part of this application, the applicants are offering the merger of two separately owned parcels, as follows: (a) the easterly parcel of 60.50' x 183.91 which is improved with a dwelling structure and accessory buildings; (b) the westerly vacant parcel which consists of a size of 40' x 182+- feet. Both parcels are located in the HB - Hamlet Business Zone '.District. 4. OCCUPANCY: Inspection by Board Members shows that there is more than tenant renting an apartment on the premises. Concerns have been raised (in writing) by one of the tenants which will need to be addressed by the owner with the enforcement officer (or building inspectors). These letters have been transmitted to the enforcement department since enforcement is not under the jurisdiction of this Board. 5. CODE PROVISIONS: The code provisions relative to the use requested by applicants are noted as follows: a) Section 100-9111-2 for a three-family u:;e, also referred to as a multiple dwelling; b) Section 100-91B-2 for a two-family w;e in conjunction with a retail store; C) Section 100-91B-2 for two apartments in lieu of a three-family use since a three-family use would require: 60,000 sq. ft. of land area; Applicants are offoring a second parcel for a double use (two apartment units). 6. OTHER CODE SEC'T'IONS: Other provisions applicable to the Hamlet Business Zone District are as noted below: a) Section 100-91B-4 which would permit an apartment over retail store or professional office subject to the following requirements : ...a. The explicit written approval of the "mown Fire Prevention Inspector shall be obtained for tho design, location, access and other safety-related elements of every such apartment. No apartment shall be permitted over filling stations, stores retailing flammable or fume-producing goods, restaurants or other businesses with kitchens or other facilities producing intense heat or any other establishment which the Fire Prevention Inspector determines to pose a greater-than-average built-in fire risk. ...b. The habitable floor area of cacti apartment shall be at least four hundred fifty (450) square feet, but in no case Page 3 - Appl. No. 4317 Matter of EDWIN and DONALD TONYES Decision Rendered October 11, 1995 more than seven hundred fifty (750) square feet. The apartment shall not be located on the first fluor of the building, and the apartment shall contain all services for safe and convenient habitation, meeting the New York State Uniform Fire Prevention and Building Code aad the Sanitary Code. ...c. There shall be no more than three (3) apartments created or maintained in any single building. ...d. Each apartment, or common hallway +,ervicing two (2) or three (3) apartments, shall have a separate access to the outside of the building, which must bey distinct from the access to uses on the first floor. .e. Each apartment shall have at least one (1) on-site off-street parking space meeting the standards of this chapter, conveniently located for access to the apartment. ...f. Only the owner of the building in which it is proposed to locate the apartment(s) may appiy for this special permit. The Board of Appeals shall require that that such applicant execute such agreement:;, contracts, easements, covenants, deed restrictions or other legal instruments running infavor of the town as, upon recommendation of the Town Attorney, the Board shall determine to be necessary to ensure that: (1) The apartment, or any proprietary or either interest therein, will not be sold to the tenant or any other party, except as part of a sale of the entire building in which the apartment is located. (2) The apartment is made available for yekir-round rental. (3) The apartment is properly constructed, maintained and used, and unapproved uses are excluded therefrom. (4) Any other condition deemed reasonable and necessary to ensure the immediate and long-term success of the apartment in helping to meet identified housing needs in the community is complied with. 7. STANDARDS: The Board Members have considered the all standards for a Special Exception, and find that: A. That the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts Page 4 - Appl. No. 4317 Matter of EDWIN and DONALD TONYES Decision Rendered October 11, 1995 due to the established uses of mixed business, residential, and varied retail uses in the immediate area; B. That the use will not prevent the orderly and reasonable use of permitted or legally established uses in tha district wherein the proposed use is to be located or of perrtted or legally established uses in adjacent use districts due to the established mixed business, residential and retail uses in the immediate area and the fact that the zoning code legally provides for this use; 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 because it is an authorized hamiet use and the property will become larger when merged with the adjoining westerly parcel (1000-62-1-13 & 14 combined); D. That the use will be in harmony with and promote the general purposes and intent of this chapter; E. That the use will be compatible with its :;urreundings and with the character of the neighborhood and of +be community in general, particularly with regard to visibility, ;,,:ale and overall appearance; F. That the building in which the propo:,od use is hereby authorized is readily accessible for fire and police protection (the fire department is three parcels distant from this property and the building must meet all fire code regulations). In making this determination, the Board Members also considered the following: A. The character of the existing and probable 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 encourage- ment 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. Page 5 - Appl. No. 4317 Matter of EDWIN and DONALD TONYES Decision Rendered October 11, 1995 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 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 recreational facilities, if existing or if proposed by the town or by other competent governmental agencies. 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. 1. Whether a hazard to life, limb 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 t1wreforo 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 he 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 unre.t:wnably 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 laud uses from possible detrimental impacts of the proposed use. 0. Whether adequate provision can and wiii 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 Page 6 - Appl. No. 4317 Matter of EDWIN and DONALD TONYF.S Decision Rendered October 11, 1995 processes and without risk of pollution to groundwater and surface waters on and off the site. 9. DENIAL OF PLANS A AND 13: The Board determines further that the applicants' two remaining requests for multiple uses by Special Exception is hereby denied for the following reasons: a) the land area requirement for each unit is 20,000 per use, or 60,000 sq. ft. - this project does not meet this requirement at 19,500+- sq. ft. of total land area (even while merging both parcels into one lot); and b) a building construction plan of the proposed layout of the building certified by an engineer as required by the State fire and building codes has not been submitted for coordination and further consideration; c) new entrances to the building, new driveway and other site plan elements have not been submitted for consideration, and coordination has not been made possible with the Town Planning Board who also would appear to have jurisdiction for multiple-use applications for site plan approval. 10. 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-family dwelling (ref. Zoning Code Bulk Schedule;. In considering the variance application pertaining to the nonconforrnities 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 ncighborhood will be not altered by the grant of the relief requested sine., this property is substantially larger (double) than the properties in the neighborhood with single uses; (b) that the relief as requested is the miuiimum 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 improved, preexisting nonconforming lots; (d) that there is no alternative which is feasible for appellant to pursue other than this variance since there is no other land area available; Page 7 - Appl. No. 4317 Matter cf EDWIN and DONALD TONYES Decision Rendered October 11, 1995 (f) in considering all of the above factors, the interests of justice will be served by granting a Special Exception for two apartments in a single building, as conditionally noted below. Accordingly, on motion by Chairman Goehringer*, seconded by Member Tortora*, it was RESOLVED, that Plans A and B are hereby DENIED for the reasons noted above, and BE IT FURTHER RESOLVED, that alternatively (as agreed by applicants), Plan C for two apartments* *within a single building, be and hereby is GRANTED A SPECIAL EXCEPTION, SUBJECT TO THE FOLLOWING CONDITIONS: 1. Applicants shall furnish to the Board of Appeals a copy of a fully signed and recorded deed describing both parcels, identified as 1000-62-1-13 and 14 as a single lot prior to obLdning a building permit from the building department and prior to obtaining a certificate of occupancy for the (proposed) two apartments; 2. There shall be no habitable floor area and no business activities in the subterranian area (basement or lower area); 3. The detached garage must remain accessory and incidental to one of the apartments and is not permitted to be used for separate rental purposes; 4. That the Building Inspector is hereby asked to inspect the conditions of the shingles on the easterly side to be brought to code (replaced) as determined by him to be proper; 5. That the two apartments conditionally approved shall be subject to the 9/22/95 building inspector's letter of compliance and Joseph Fischetti's engineer report, as well as all other applicable codes and regulations; 6. That the two apartments conditionally approved herein shall be / above grade (not basement apartment area) as required by codes. located properly s s lk /j GER RD P. BHRINGE CIIAIRMAN **Apartment defined as a hous~Weping or residential unit. RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE I D/I9195 HOUR 8: as Town Clerk, Town of Southold APPEALS BOARD MEMBERS ~~$UffDj~© Southold Town Hall Gerard P. Goehringer, Chairman o° 'e 53095 Main Road Serge Doyen, Jr. y x P.O. Box 1179 James Dinizio, Jr. fl Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD 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 Regular Meeting of the SOUTHOLD'TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on WEDNESDAY, SEPTEMBER 13, 1995 commencing at the times specified below: 1. 7:32 p.m. Appl. No. 4331 - DAVID AND CLAIRE AIR. Variances based upon the August 1, 1995 Notice of Disapproval issued by the Building Inspector under the Zoning Ordinance, Articles XXIV, Section 100-241A and 100-243A, and XXIII, Section 100-239.4B, for a building permit to construct. structural alterations and increase floor area of principal building with nonconforming front yard and sideyard setbacks and with nonconforming use(s), and to construct deck additions, seaward of existing building setback line (within 75 feet of seawall). Location of Property: 2072 Village Lane, Orient; Parcel No. 1000-24-2-27. 2. 7:38 p.m.' Appl. No. 4327 ROBERT AND DENISE WHELAN. Variance based upon the July 31, 1995 ' Notice of Disapproval from the Building Inspector, Article IIIA, Section 100-30A.4 (ref. 100-33), for a building permit to construct accessory building in an area other than the s /r'~ FT's Page 2 Legal Notie Regular Meeting of September 13, 1995 Southold' Town Board of Appeals required rear yard. The subject property contains an area of approx. 20,400 sq. ft. Location: 160 Bungalow Lane, Mattituck; Parcel ID #1000-123-2-2- 3. 7:43: p.m. Appl. No. 4326 STANLEY and SHARON SWANSON. Variance based upon the August 5, 1995 Notice of Disapproval from the Building Inspector, Article IIIA, Section 100-30A.3 for permission to exchange property (lot line adjustment) which will' reduce the required total area of parcel 1000-141-2-21-5 (owned" by Robert Hamilton) and increase the area of, parcel 1000-141-2-15 (owned by Stanley and Sharon Swanson) by approx. 8,129 sq.'ft. Property Location. Southerly side of Horton Avenue, Mattituck; Also referred to as part of Lot #3 on the Minor Subdivision Map approved 4-12-93 by the Planning Board for Robert D. Hamilton. 4. 7:47 p.m_ " Appl. No. 4328 ROBERT FEGER and THERESA TAYLOR. Special Exception under Article IIIA, Section 100-30B for an Accessory Bed and Breakfast ` Use in conjunction with the owner's existing single-family residence for the purpose of renting and serving of breakfast to a maximum of six (6) transients not more than three bedrooms (maximum). Location of Property: 5370 Nassau Point Road, Cutchogue, NY; Parcel No. 1000-111-8-19. 5. 7:50 p.m. Appl. No. 4330 - FLORENCE TILDEN. Variance based upon the July 26, 1995 Notice of Disapproval from the Building Inspector, Article IIIA, Section 100-30A.3 for permission to construct garage addition Page 3 Legal Notice Regular Meeting of September 13, 1995 Southold Town Board of Appeals to dwelling. with an insufficient front yard and side yard setbacks. Location of Property: 3100 Deep Hole Drive, Mattituck, NY; Parcel No. 1000-115-17-14. 6. 7:55 p.m. Appl. No. 4329 - CHRISTOPHER MAUCERI. Variance based upon the July 24, 1995 Notice of Disapproval from the Building Inspector, Article XVIII, Section 100-181C(3) for permission to construct a single-family dwelling with insufficient front yard setback in this cluster development. Location of Property: 1455 Evergreen Drive, Cutchogue, NY; County Tax Map Parcel No. 102-1-4.4. 7. 8:00 p.m. Appl. No. 4332 - AR'T'HUR HAF. Variance based upon the August 6, 1995 Notice of Disapproval from the Building Inspector, Article IIIA, Section 100-30A.4 (ref. 100-33C) for permission to construct detached, accessory garage in a frontyard area on this waterfront parcel wOith reduced setback. Location of property: 1020 Strohson Road, Cutchogue, NY; Parcel No. 1000-103-10-25. 8. 8:05 p.m. Appl. No. 4334 - ESTATE OF CLOTILDA OLIVER,. Variance based upon the August 18, 1995 Notice of Disapproval from the Building Inspector, Article XXIV, Section 100-241 for permission to re-establish nonconforming retail sales use in this M-lI Zone District. Location of, Property: 64355 Main Road, Greenport, NY; Parcel No. 1000-56-4-21. I Page 4 Legal Notic`c~J Regular Meeting of September 13, 1995 Southold Town Board of Appeals 9. 8:10 P.m. Appl. No. 4333 - GENEVIEVE Si'ALEY and FRANK PALUMBO, as Contract Vendee. Variance bsaed' upon the August 16, 1995 Notice of Disapproval from the Building Inspector, Article' XXIII, Section 100-239.4A(1) for permission to construct a new dwelling within 100 feet of the top of the bluff or bank of the Long Island Sound. Location of Property: 3200 Sound Drive, Southold, NY; Parcel No. 1000-33-1-7. 10. 8:15 P.M. Appl. No. 4335 HELENE BULGARIS and SUZANNE FONDILLER. Variance based upon the August 9, 1995 Notice of Disapproval from the Building Inspector, Article IIIA, Section 100-30A.4 for permission to amend building permit for the construction of an as-built inground sw mm; g ool as an accessory structure in an area other than the required rear yard (instead of as an attached structure). Location of Property: 1575 Captain Kidd Drive, Mattituck, NY; Parcel No. 1000-106-05-17 & 18. 11. 8:20 p.m Appl. No. 4317 - -EDWIN and DONALD TONYES. (Carryover from July 12, -1995 for continuation). Property location: 55465- Main Road, Southold. HB Zone District. 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 a file or need to request more information, please do Page 5 - Legal Notic& J Regular Meeting of September 13, 1995 Southold Town Board of Appeals not hesitate to call 765-1809 or visit our office. Dated: September 1, 1995. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRNGER CHAIRMAN By Linda Kowalski x x i P R EC E 1 'Y"°E D TOWN OF SOUTHOLD, NEW YORK JUN O 8 ICATION FOR SPECIAL EXCEPTION! Sow"d Town Clerk Application No. q-317 Date Filed: TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK: Edwin A. Tonyes, Sr. and 2155 Jockey Creek Dr., Southold I (We), Donald R Tnnyes of -Y esr ends, aus Nd. an t . (516) 765-2986 and (516) 477-8636 am et, State; Zlp Code, Telephone Number) hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL' EXCEPTION in accordance with the ZONING ORDINANCE, ARTICLE Ix SECTION 100-91 > SUBSECTION 132 ARTICLE XXCIII SECTION 100-281 for the below-described property for the following uses and purposes (and as shown on the attached plan drawn to scale): 55465 Main Road, Southold, New York SCTM 1000-062-1-14 i A. Statement of Ownership and Interest. Edwin A. Tonyes Sr. & Donald H. Tonyes is(are) the owner(s) of property known and referred to as House o., ee am e identified on the Suffolk County Tax Maps as District 1000, Section 062 Block O1 Lot(s) 014 which is not sj6~ on a subdivision gap (Filed , "Map of. _ Filed Map No. , and has been approved by the Southold Town Planning Board.on as a [Minor] [Major] Subdivision). The above-described property was acquired by the owner on July 10, 1987 B. The applicant alleges that the, approval of this exception would be in harmony with the intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefor in said ordinance and would not be detrimental to property or persons in the neighborhood for the following reasons: The building on the subject premises substantially conforms to those in the neighboring area. The dwelling is serviced by a private driveway and adequate parking facilities will be provided to the tenants. The premises are located in an area which is substantially commercial, therefore, a residential neighborhood is not being affected. C. The property which is the subject of this application is zoned HB-Business and [ ] i.s,consistant with the.use(s) describe k~e Certificate of Occupancy being furnished herewith. \ L X] is not consistent with the Certificate Occup'ncy b f bed herewith for the following reason(s): Applicati h e n a e ( building department for a - yes family d i g [ ] is vacant land. COUNTY OF SUFFOLK) STATE OF NEW YORK) ss.: gnature Sworn to before me this 1 day of u 19 95. Z~c PUS (Notary GT~ic RUTH APOLNVODA waryAbDe fteofNewYork ZB2 (rev. 2/6/86) NO-498243D - Oudfiedin SulloBr Coumy Commission Expires June 3, 19 97 Z ^O : d N N m~~ .7 d O ° a a W N m O z i1 O g y F Y~ Z by ~ A E D s 3 I i 70 o D o r co r Q O ° r C m - Z m Z ° r cn Ni n m y ~ _ try o W o ti ~ 3 ~ J} E- 0 m Z m 3~~ . C 'Y Cl m -n m 7J n0 O Z 0 r 1! 3 "V' X i 1 ~1t D 3 Z Z ' 'p t ?E W - O D N ° Ln T' o ~~f 1h (rte ~ _ E} i UJ F- 3 Va oDG o O t a rdl LO q, M ~ w u of 'N rl v s `~'z W 0 f V i Ia o u i~ \I p v G) w v v m m m o o o n o x e (D M 07 O N S S N N. N W N d x x ~ f i s, r i ~ re r p 4~ e J U - tlet R _ ua T m W m i. m 3 m 'D v 7 a 17a p 0 0 ~ O O rt ~ ~ O o 0 5 l ~ 1W~' S N N 3 ~ d rt 3 O p S O - - - - - - - - - - - - ( ~i m 71- i l.p 6E9~O SKI F PAU~IN~ f~.2.5~, r110/ 0 E- 0 00 14 75 5 4. 1?- m ~od Fd ` j ~Z s= 4 N D p z oG w O O u Zo.oQ p{ D U) ~ N Z w o P! m N N N _ n ~ N DN m n ie fns Z m oR o D o m Q o D s_ u V w m c 9.2 v- m m ~ m N X7 m s.4 w G3 to 4-J c~ Z'z w 'tG c. Z4.0 a g4.5 AREA= 10,615 SQ. FT. °1 d m?" ,V'1 , nom' mind-.. S- 770 57'50 ~ RTE• ~'1' so ~Ap (N Y•S G MAIN SURVEY FOR ANN ARACRI , JOHN Di CARLO a MICHAEL DiCARLO AT SOUTHOLD TOWN OF SOUTHOLD 4 SUFFOLK COUNTY, N. Y. 1000 62 - 01 - 14 SCALE 1° = 30~ JULY II„ 1985 CERTIFIED TO TICOR TITLE GUARANTEE COMPANY If mwk T 1285-3090 J I.Y.S. LIC. NO. 49618 SOUTHOLD SAVINGS BANK ANN ARACRI EGYIS(I t ORS, P. C. JOHN Di CARLO ` f516 '0 MICHAEL Di CARLO P 0. 80909 1230 TRAVELER STREET SOUTHOLD, N. Y. 11971 - - - - 85 -238 ~~gUFFOI~- • oea APPEALS BOARD MEMBERS c o Southold Town Hall Gerard P. Goehringer, Chairman ,V'„ T 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 May 15, 1996 VIA FACSIMILE William H. Price, Jr., Esq. Attn: Mrs. Linda Tonyes X97 ~~3° First Street Greenport, NY 11944 Re: Special Exception Conditions #4317-Edwin Tonyes, et al. Dear Mrs. Tonyes: Your husband contacted our office this morning regarding the Town's May 9, 1996 letter from the Board of Appeals (copy attached). He says he believed that the deed that was prepared in February was the deed describing both parcels 1000-61-1-13 and 14 (although he did not know if he gave your office a. copy of the ZBA's conditions). Mr. Tonyes suggested we fax a copy of the decision to you to go over with one of the attorneys, so that we could understand why the description in the deed didn't form a metes and bounds description for both 13 and 14. It is our understanding that another deed may be filed in the County with the new, combined description, and this would coincide with Condition #1 of the attached ZBA determination. Please furnish a conformed copy of the requested deed for our file within the next 20 days, and in the interim, proceed with one of the Building Inspectors in the Building Department in applying for a two-family certificate of occupancy and applicable requirements. Very truly yours, ff~L GERARD P. GOEHRINGER lk 0 CHAIRMAN Attachments- ZBA Letters of 10/18/95 and 5/8/96; ZBA Conditions Three Pages to Follow a~~~s FfD ~ ~ APPEALS BOARD MEMBERS Southold Town Hall 53095 Main Road Gerard P. Goehringer, Chairman a T Serge Doyen. Jr. y • P.O. Box 1179 'hp a~ Southold. New York 11971 James Dinizio, Jr. 1_ aft y Fax (516) 765-1823 Robert A. Villa Lydia A.Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD May 9, 1996 TO: Mr. Edward Tonyes 2155 Jockey Creek Drive Southold, NY 11971 Mr. Donald H. Tonyes 511 Flint Street Greenport, NY 11944 RE: Special Exception Conditions of October 11, 1995/Two-Family Use 1000-62-1-13 & 14 at Main Road, Southold Dear Messrs. Tonyes: You will recall that in October 1995 a conditional permit was issued for a special exception for a two-family use proposed in the existing building on CTM $14 and Y13 as a single, combined lot. It has been six months since the issuance of the conditional permit, and we find no record of any of the items required for the two-family use. Please furnish to our office a copy of a deed which combines both lot descriptions for #13 and #14 into one, together with a copy of a C.O., building permit or other document which will show your intent to comply with the Special Exception. At this time the Special Exception is still "open" without a follow-up by you regarding the other items necessary for occupancy (other than a single-family dwelling). Please furnish this information within the next 20 days. Your special exception may be expiring. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN Enclosure t APPEALS BOARD MEMBERS o~OgUFFO(,~co~ Gy Southold Town Hall Gerard P. Goehringer, Chairman c < 53095 Main Road Serge Doyen, Jr. ~x P.O. Box 1179 James Dinizio, Jr. Southold. New York 11971 Robert A. Villa 'JJ O Fax (516) 765-1823 Lydia A. Tortora Ol ~O Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD October 18, 1995 To: Mr. Edward Tonyes 2155 Jockey Creek Drive Southold, NY 11971 Mr. Donald Tonyes 2155 Jockey Creek Drive Southold, NY 11971 Re: Appl. No. 4317 - Special Exception Application Gentlemen: Please find enclosed a copy of the determination rendered by Members of the Board of Appeals at our October .1 1, 1995 Regular Meeting and filed today with the Town Clerk's Office concernhig your application. A copy of this determination has also bt:cn furnished to the Southold Town Building Department for their records. It will be necessary for the owner(s) of the property to proceed with the Building Department at this time before oct:upancy may be allowable for more than one family. Your project appears to require plans certified by an engineer for required alterations to the building for two apartment occupancies. Please apply directly to the Building Department for appropriate building permits and other reviews which may be re(iidred under the State Fire and Building Codes and the Town Zoning ri:guiations. Their office telephone is 765-1802. Very truly yours, Gerard P. Goehringin, lk Chairman Enclosure Copies of Decision to: Building Department Suffolk County Department of Planning Page 7 - Appl. No. .317 Matter cf EDWIN and DONALD TONYES Decision Rendered October 11, 1995 (f) in considering all of the above factors, the interests of justice will be served by granting a Special Exception for two apartments in a single building, as conditionally noted below. Accordingly, on motion by Chairman Goehringer*, seconded by Member Tortora;, it was RESOLVED, that Plans A and B are hereby DENIED for the reasons noted above, and BE IT FURTHER RESOLVED, that alternatively (as agreed by applicants), Plan C for two apartments* *within a single building, be and hereby is GRANTED A SPECIAL EXCEPTION, SUBJECT TO THE FOLLOWING CONDITIONS. 1. Applicants shall furnish to the Board of Appeals a copy of a fully signed and recorded deed describing both parcels, identified as 1000-62-1-13 and 14 as a single lot prior to obtaining a building permit from the building department and prior to obtaining a certificate of occupancy for the (proposed) two apartments; 2. There shall be no habitable floor area and no business activities in the subterranian area (basement or lower area); 3. The detached garage must remain accessory and incidental to one of the apartments and is not permitted to be used for separate rental purposes; 4. That the Building Inspector is hereby asked to inspect the conditions of the shingles on the easterly side to be brought to code (replaced) as determined by him to be proper; 5. That the two apartments conditionally approved shall be subject to the 9/22/95 building inspector's letter of compliance and Joseph Fischetti's engineer report, as well as all other applicable codes and regulations; 6. That the two apartments conditionally approved herein shall be / above grade (not basement apartment area) as required by codes. located properly lk GER RD P. EHRINGE , CHAIRMAN "Apartment defined as a housekeeping or residential unit. ~~gpFfO(,~ APPEALS BOARD MEMBERS tiy~ y o < Southold Town Hall Gerard P. Goehringer, Chairman nxv a 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 James Dinizio, Jr. 'y01 ~a0 Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD May 9, 1996 TO: Mr. Edward Tonyes 2155 Jockey Creek Drive Southold, NY 11971 Mr. Donald H. Tonyes 514 Flint Street Greenport, NY 11944 RE: Special Exception Conditions of October 11, 1995/Two-Family Use 1000-62-1-13 & 14 at Main Road, Southold Dear Messrs. Tonyes: You will recall that in October 1995 a conditional permit was issued for a special exception for a two-family use proposed in the existing building on CTM #14 and #13 as a single, combined lot. It has been six months since the issuance of the conditional permit, and we find no record of any of the items required for the two-family use. Please furnish to our office a copy of a deed which combines both lot descriptions for #13 and 414 into one, together with a copy of a C.O., building permit or other document which will show your intent to comply with the Special Exception. At this time the Special Exception is still "open" without a follow-up by you regarding the other items necessary for occupancy (other than a single-family dwelling). Please furnish this information within the next 20 days. Your special exception may be expiring. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN Enclosure b h Yn\COUNTY OF SUFFOL~ 4b I ] o 4 ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING STEPHEN M. JONES. A.I.C.P. DIRECTOR OF PLANNING NOV - 8 November 2, 1995 Town of Southold Zoning Board of Appeals Applicant: Edwin and Donald Tonyes Municipal File No.: 4317 SE S.C.P.D. File No.: SD-95-18 Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination as there is no apparent significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Comments: The two (2) apartment option appears preferable. Very truly yours, Stephen M. Jones Director of Planning S/s Gerald G. Newman Chief Planner GGN:gcc C:I PWIN601WPDOCSIZONING(WORKING\LDS\SDB5-18.WPD 220 RABRO DRIVE ¦ P.O. BOX 6100 ¦ HAUPPAUGE. LONG ISLAND. NY 11788-0099 ¦ (516) 853-5192 FAX (516) 653-4044 t o~OgUFFO(,~cO APPEALS BOARD MEMBERS ti~ Gy o Southold Town 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 FILE INFO 51S/q(„ RE: TONYES BUILDING Main Road, Southold HB Zone 10:50 a.m. Bill Price, Esq. will be sending a letter to the Assessor's Office instructing the Town to "merge" the two lots (13 and 14) into a single lot, thereby creating one tax bill. Both lots are now in the same ownership, and combined now has a total lot size of approximately one-half acre, as per ZBA Condition of Special Exception. The deed of February 27, 1996 was prepared with the understanding that the lots will merge under zoning, and with the intent to bring the Special Exception under #4317 into compliance. Also, the Owner says he has had an application in the Building Dept. requesting a building permit for a two-family occupancy since March. cc: Ed Forrester, Town Investigator (per inquiry made at ZBA ofc). Building Dept. (for your file - B.P. application request) Assessors Office, Attn: Scott Russell ZBA Members (FYI) APPEALS BOARD MEMBERS o~OgUFFD( {~Co hy. Gy Southold Town Hall Gerard P. Goehringer, Chairman c < 53095 Main Road Serge Doyen, Jr. ti x P.O. Box 1179 James Dinizio, Jr. O Southold. New York 11971 Robert A. Villa y'jlpl ~a4~ Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD October 18, 1995 To: Mr. Edward Tonyes 2155 Jockey Creek Drive Southold, NY 11971 Mr. Donald Tonyes 2155 Jockey Creek Drive Southold, NY 11971 Re: Appl. No. 4317 - Special Exception Application Gentlemen: Please find enclosed a copy of the determination rendered by Members of the Board of Appeals at our October 1 1 , 1995 Regular Meeting and filed today with the Town Clerk's Office concerning your application. A copy of this determination has also bi!en furnished to the Southold Town Building Department for their records. It will be necessary for the owner(s) of the property to proceed with the Building Department at this time before occupancy may be allowable for more than one family. Your project appears to require plans certified by an engineer for required alterations to the building for two apartment occupancies. Please apply directly to the Building Department for appropriate building permits and other reviews which may be re(iidr•ed under the State Fire and Building Codes and the Town Zoning regulations. Their office telephone is 765-1802. Very truly yours, 'Gerard P. Goehringar• lk Chairman Enclosure Copies of Decision to: Building Department Suffolk County Department of Planning Page 2 - Minutes Regular Meeting August 9, 1995 Southold Town card of Ap eels J exceed lot coverage in order to extend porch addition to a size larger than that permitted under Building Permit No. 22881 issued 7/12/95. Property Location: 375 King Street, New Suffolk, NY; Parcel ID #1000-117-07-8.3; also referred to as Lot #3 on the Minor Subdivision Map approved 6113/94. 7:55 p.m. Appl. No. 4317 - EDWIN and DONALD TONYES. (Carryover from July 12, 1995 for continuation). Property location: 55465 Main Road, Southold. HB Zone District. On motion by Member Villa, seconded by Chairman Goehringer, and duly carried, the hearing was postponed until September 13, 1995 as requested by the applicant in order to obtain an engineer's report. 7:56-8:55 and 9:05 - 9:17 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 and further postponement from July 12th per request of attorney for applicant. Location of Property: 580 Basin Road, Southold, NY, Paradise Point Section One, Filed Map 3761-4111/63; also known as 1000-81-1-16.7 (formerly part of 16.4). This request is based upon the March 29, 1995 action of disapproval by the Building Inspector, wherein applicants are requesting a building permit to locate a new single-family dwelling, disapproved on the following grounds: "1. This parcel of 1.79 acres is not shown on the Map of Paradise Point, Section One, as a building lot; Section 100-281A-7. Single and separate search required back to 1957. 2. Approval required by Board of Appeals to build single-family dwelling as a second use on this 1.79-acre parcel. R-80 Zone requires 80,000 sq. ft. of land area per use (or 160,000 sq. ft.), Article III, Section 100-30A. 3. Approval is required from Board of Appeals under Article XXIII, Section 100-239.411 for location of dwelling with decks at less than 75 feet from the existing bulkhead... 8:55 p.m. - 9:05 p.m. Temporary break. 9:17 - 10:15 p.m. RE-HEARING of Appl. No. 4128 -BRLWERS YACHT YARD, INC. Based upon the July 12, 1995 Board Resolution, a rehearing is held to re-consider the use applied for by Brewer Yacht Yard at Greenport, Inc. on September 2, 1992, under Article XII, Section 100-121B(1), Special Exception #4128, for food services to its marina patrons and others. Subject premises is located in the M-II Zone District, identified as Parcel No. 1000-43-3-2. Street address: 2530 Manhanset Avenue, Greenport, NY. Page 4 -Minutes n Regular Meeting -September 13, 1995 r 47 1 Southold Town Board of Appeals I Location of Property: 3200 Sound Drive, Southold, NY; Parcel No. 1000-33-1-7. 9:51 P.M. Appi. No. 4335 - HELENE BULGARIS and SUZANNE FONDILLER. Variance based upon the August 9, 1995 Notice of Disapproval from the Building Inspector, Article ILIA, Section 100-30A.4 for permission to amend building permit for the construction of an as-built inground swimmingpool as an accessory structure in an area usher than the required rear yard (instead of as an attached structure). Location of Property: 1575 Captain Kidd Drive, Mattituck, NY; Parcel No. 1000-106-05-17 & 18. L-5"5465sMain 0:10 - 10:20 p.m. Appl. No. 4317 - EDWIN and DONALD TONYES. arryover from July 12, 1995 for continuation). Property location: Road, Southold. HB Zone District. The applicants, Edwin , Jr. and Donald Tonyes appeared. After testimony, motion was by Chairman Goehringer, seconded by Member Dinizio, and duly d, to recess the hearing for approximately 15 to 20 minutes to allow for the applicants to review a recent memorandum received from the ng Inspector earlier today. (Public Hearing continued after "Aion during tonight's public meeting.) s s s DELIBERATIONS/DECISION: Appeal No. 4331 - DAVID AND CLAIRE AIR. Variances based upon the August 1, 1995 Notice of Disapproval issued by the Building Inspector under the Zoning Ordinance, Articles XXIV, Section 100-241A and 100-243A, and XXIII, Section 100-239.4B, for a building permit to construct structural alterations and increase floor area of principal building with nonconforming front yard and sideyard setbacks and with nonconforming use(s), and to construct deck additions, seaward of existing building setback line (within 75 feet of s(tawall). Location of Property: 2072 Village Lane, Orient; Parcel No. 1000-24-2-27. Continued on next page. page 29 - Minutes Regular Meeting - September 13, 1995 Southold Town Board of Appeals 10:38 - 10:48 p.m. Reconvened Appl. No. 4317 - EDWIN and DONALD TONYES. (Carryover from earlier this evening, as agreed). Property location: 55465 Main Road, Southold. HB Zone District. The applicants Edwin Tonyes, Jr. and Donald Tonyes appeared and authorized an amendment to their application to include alternative relief if the B found best for a two-family rather than three uses. The applican confirmed that they would prefer three uses since a multi-family dwe use is permitted in an HB zone district and they are willing to merge the abutting westerly lot with this property. After receiving further testimony, motion was made by Chairman Goehringer, seconded by Member Dinizio, and duly carried, to declare the hearing concluded (closed), pending deliberations at a later date. End of public hearings. Meeting agenda continued for deliberations and determinations, infra. s s s IV. CONTINUATION OF DELIBERATIONS/DECISIONS from tonight's hearings continued on the following pages in the order noted below: Appl. No. 4327 - ROBERT AND DENISE WHELAN. Appl. No. 4328 - ROBERT FEGER and THERESA TAYLOR. Appl. No. 4330 - FLORENCE TILDEN. Appl. No. 4329 - CHRISTOPHER MAUCERI. Appl. No. 4332 - ARTHUR HAF. Appl. No. 4334 - ESTATE OF CLOTILDA OLIVER Appl. No. 4333 - GENEVIEVE STALEY and FRANK PALUMBO, IV. OTHER NEW APPLICATIONS WERE REVIEWED and ACTION taken as noted below: A. Appl. No. 4337 - LAWRENCE NUKE. E/s Westphalia Road and S/s Private Road, Mattituck. 1. Board Member(s) confirmed site inspection and review of incomplete application furnished to board members. 2. MOTION was made by Chairman Goehringer, seconded by Member Tortora: a) to REQUEST County Health Department status and recommendations for location of a house, cesspool and water well systems from the NYS Department of Environmental Conservation, and Page 7 - H g Transcripts Regular Mee ' of August 9, 1995 / Southold To Board of Appeals 1 In the next hage, a Postponement has been requested by the applicant until 9/13 since engineer was not available for 8/9.: 7:45 p.m. Appl. No. 4317 - Edwin and Donald Tonyes: (Carryover from July 12, 1995 for continuation). Property location: 55465 Main Road, Southold. HB Zone District. Chairman: Gentlemen, I need a motion postponing or continuing postponement of Edwin and Donald Tonyes, and Ladies I should say excuse me, second all in favor say aye. 7:50 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 and further postponement from July 12th per request of attorney for applicant. Location of Property: 580 Basin Road, Southold, NY, <paradise Point Section One, Filed Map 3761-4/11/63; also known as 1000-81-1-16.7 (formerly part of 16.4). This request is based upon the March 29, 1995 action of disapproval by the Building Inspector, wherein applicants are requesting a building permit to locate a new single-family dwelling, disapproved on the following grounds: "i. This parcel of 1.79 acres is not shown on the Map of Paradise Point, Section One, as a building lot: Section 100-281A-7. Single and separate search required back to 1957. 2. Approval required by Board of Appeals to build single-family dwelling as a second use on this 1.79-acre parcel. R-80 Zone requires 80,000 sq. ft of land area (or 160,000 sq.ft.), Article 111, Section 100-30A. 3. Approval is required from Board of Appeals under Article xxl ll , Section 100-239.4B for location of dwelling with decks at less than 75 feet from existing bulkhead... Chairman: We go over to the Miller application or contract vendees, Paradise Point. How are you tonight? Annette Eaderesto: Good evening Mr. Chairman and the Members of the board. Annette Eaderesto for the applicant. This application as the board knows, was held for additional information and I believe it was supplied to the board. And also during the adjournment we had various meeting with the Association and some of the people that came in opposition to the application, to see if we could resolve the matter that way. I don't think we have been too successful but I'll give you a brief rundown. First I'd like to address some of the matters the board requested in their last letter. I've giving the board a new printout of the parcel, and one of the concerns was, in our original hearing we asked for 51 foot setback from the bulkhead. What we have done is, we relocated the proposed resident and removed the deck to create a greater setback from the bulkhead. Page 49 - Hearing Transcripts Regular Meeting of September 13, 1995 Southold Town Board of Appeals Member Villa: Yeah, but we should have it in our decision, I think that clarification. Secretary Linda Kowalski: Someone want to seconded that. Chairman: I'll seconded it. Appl. No. 4317 - Edwin and Donald Tonyes: (Carryover from July 12, 1995 for continuation). Property location: 55465 Main Road, Southold. HB Zone District. Chairman: This is the completion of Tonyes hearing and we'll ask either one of those gentlemen who have great patience sitting back there watching the entire evening unfold before them, if there was anything that they would like to add. Ed. Tonyes Jr: How are you tonight? Chairman: I guess I'm all right. It's been a long day. Secretary Linda Kowalski: Do you want to explain that the lateness is due to a fire drill earlier, Jerry? Chairman: As you know, we had a fire drill here. Mr. Ed Tonyes Jr: I heard. Secretary Linda Kowalski: We're running behind. We're not generally this late. Chairman: Is there something you want to say? Mr. Ed Tonyes Jr: Well. Chairman: You saw the engineer's report. You read the engineer's report. O K. Mr. Ed Tonyes Jr: You wanted someone that was familiar from the town to view the property and to see if there is a change to be done because the board was unsure of the possibilities there. Chairman: Right. Mr. Ed Tonyes Jr: And we made out the possibilities and although there will be a bit of expense to have everything, to meet all the codes, which I feel we'll have no problem. We have to get inspected by the building inspector again and he'll have to say, hay listen, this is what we want you to do. Do A. B. and C. at such and such time, reasonable amount of time to do it over. A winter project for us. Board Secretary Kowalski: We received a letter today from the Building Inspector saying just that. That it would have to meet Page 50 - Hearing Transcripts Regular Meeting of September 13, 1995 Southold Town Board of Appeals a lot of New York State codes. I'll give you a copy so you can have it and he even attached copies of the State codes. (To Board Members) It should be under your updates page of agenda that was J in your boxes. We just got it today. Board Member Villa: O. K. Mr. Ed Tonyes Jr. None of this is what you gave me. Chairman: We just got it today. Mr. Ed Tonyes Jr: Is this something brand new. Chairman: We just got it today. Mr. Ed Tonyes Jr: Do you want me to sit here and read this, the entire thing here. Chairman: No, I think what we'll do Ed is. We'll let you just resolve, you know, let you basically deal with it. You know, talk it over, you and your brother for about 15 minutes. We'll go on another item, and then you come back and talk to us about it. Mr. Ed Tonyes Jr: 0. K. Chairman: All right. Board Secretary: He had mentioned today that he (interrupted) Chairman: We're going to work on some of the stuff tonight and when you come back in, we'll reconvene. All right. Mr. Ed. Tonyes Jr: I'll just read it. Chairman: We'll be here a half hour. Hearing recessed temporarily to allow time for the Tonyes's to read the Building Inspector's memorandum. Hearing now reconvened: Chairman: O. K., Ed, you're on. Mr. Ed Tonyes Jr: We both read what you handed us. Chairman: Right. Mr. Ed Tonyes Jr: As far as this uninhabited use, when you say that, O.K., does the building department know what we want this for retail. Secretary: Yes. The same rule applies. Page 51 - Hearing Transcripts Regular Meeting of September 13, 1995 Southold Town Board of Appeals Ed Tonyes Jr: And when he says more than 50% of it is above 1 ground. I just want to stipulate that too of the lower level. O.K. And the , well according to, the biggest expense we'll have to put another entrance then on the side. So, if that's what they want us to do, we'll do it. Board Member Dinizio: I think that Ed, didn't your own engineer say that it's substantially underground. I thought you're own engineer's report said that it was underground, the basement, Joe Fischetti's report. Now he's the person you hired. Mr. Ed Tonyes Jr: That's right. I read in there and correct me if I'm wrong but he's saying that is a basement because it's more than 50% under the ground. That is what he's saying. Your engineer. Board Member Dinizio: He gave us a report. He was your person representing you, gave us a report, telling us that that piece of underground, that is underground, and just so you understand that. So you just have to follow those rules that apply to that, when it comes to the building department. In other words, all we're doing, all we're pointing out to you that, just because we say you can have it, doesn't necessarily mean that you can have it. You know, you're going to have to double sheet rock up there. Meet certain ceiling heights, exits, entries and there are al?ot of things. Fire extinguishers. I don't know if your wiring is going to have to be. They're more than us just granting you the right to have those apartments in there. Mr. Ed. Tonyes Jr. I understand that. Board Member Dinizio: And I guess basically, that's what this whole thing tonight is about. Mr. Ed Tonyes Jr. The building department is going to give me a list of things that I have to do. Board Member Villa: In the paragraph that Jim is referring to, he's talking about the 50% but I think the second part of that is the cruncher on it. It says, if it's a cellar, a retail use is allowed with one exit. If that exit opens directly at the exterior grade. Now your floor and that basement is probably 4 or 5 feet below sidewalk level. Mr. Ed. Tonyes Jr.: You step down three steps. Board Member Villa: All right. So it's three feet below sidewalk level. How are you going to get an exit out to the outside at exterior grades. Board Member Dinizio: And then they talking about ADA requirements, ramps. Mr. Ed Tonyes Jr.: And there is a side entrance too. There is a side entrance where we could put a ramp in too. Page 52 - Hearing Transcripts Regular Meeting of September 13, 1995 Southold Town Board of Appeals Board Member Dinizio: I think it's just to your advantage to know. Board Secretary: The building department won't give you a list. He's going to ask you for an architect's building plan certified by an engineer. Board Member Dinizio: And Joe (Fischetti) can do that for you. Secretary Linda Kowalski: And you had requested either two uses or three, right on your application. Right Mr. Ed Tonyes Jr. Right. Board Member Tortora: Can we vote on it separately? Chairman: We didn't even get to the voting. We're just closing this hearing. I mean, we're not definitely voting on it tonight because we're backlogged. Board Member Tortora: Can we do it separately. Secretary Linda Kowalski: Yes. r Board Member Dinizio: We can make a motion, Lydia. Board Member Tortora: So we can consider three apartments. No, I want to know what they think. If your request was for three apartments or two apartments and a retail, right. Either, or. Mr. Ed Tonyes Jr. Right. Secretary Linda Kowalski: Or a two family. Right? Mr. Ed Tonyes: With an accessory. Secretary Linda Kowalski: No, you said with two uses or three uses, total, altogether. Either two family with a business. Mr. Ed Tonyes Jr. Right. Secretary Linda Kowalski: Or two family. Right? Mr. Ed Tonyes Jr. Or basically a special exception for a two family with an accessory apartment. Board Member Villa: You're looking for three apartments or two apartments and a retail. That's what you're looking for. Board Member Dinizio: All right. Mr. Ed Tonyes Jr: I have to look into the retail end of it. Page 53 - Hearing Transcripts Regular Meeting of September 13, 1995 Southold Town Board of Appeals Secretary Linda Kowalski: O.K. I'm going to read your j application to you. It says, the application has been made to the building department for a two family dwelling. And then you make reference to Article 100-91B2. Then you say, there is a letter addressed to the zoning board dated June 8, 1995. An application was submitted to your office requesting a change from one family to a two family with retail store. While the same is preferable, a three family dwelling would also be preferable. O.K. So you have plans for three uses, either way Mr. Ed Tonyes Jr. Yeah. Secretary Linda Kowalski: O.K. I must have misunderstood you. And then 100-92B. Chairman: You said 92. 91 or 92. Secretary Linda Kowalski: 92, you're on Section 100-192, go to 100-92. Chairman: That's where I was. I'm still in the panting plan. Multiple dwellings and town houses. Secretary Linda Kowalski: O.K. In the HB zone you're allowed to have multiple dwelling provided you have a certain amount of land area, and the Tonyes have two lots. Chairman: Right. Board Secretary: They are both single and separate. I've checked that and they are willing to merge those. Chairman: Right. Secretary: To gain something. Chairman: O. K. Board Member Tortora: They would still be short on them, Linda. Secretary Linda Kowalski: They really should have three lots, but that's right. You are right (for three uses). Chairman: All they have is two. Board Member Villa: They have enough legally for two. Chairman: O.K. Is there anything else you want to say before we close the hearing? Mr. Ed Tonyes Jr. So in other words, we can't get an approval for either three family or the two family with a retail store. We would have to try and go with the two family, correct me if I'm wrong. Page 54 - Hearing Transcripts Regular Meeting of September 13, 1995 Southold Town Board of Appeals t Secretary Linda Kowalski: They would let you know in a decision. Mr. Ed Tonyes Jr. Oh, O K. Chairman: We don't know yet. Board Member Dinizio: We were just trying to point out to you that, just us granting you something doesn't necessarily mean that you can have it. Chairman: Yes. Board Member Dinizio: They're are allot of requirements that you have to have. That's all. I want you to go into that, knowing that. Mr. Ed Tonyes Jr. In other words, you could grant us that but we still have to approve. Chairman: Yes. Board Member Dinizio: Well, we're going to have to answer that aloud. Board Member Tortora: Well, whatever we would grant you would be on condition that you comply with everything. The New York State fire code. What Jim, I think, is trying to say is, you have a tough road ahead. Chairman: On the front piece. Board Member Dinizio: It's none of our business but, I think it was good that we showed - show you that. You know? Mr. Ed Tonyes Jr. Right. Board Member Dinizio: And that I would feel comfortable knowing that if I made a decision that you knew all the facts. We didn't grant you anything, really. Mr. Ed Tonyes: Right. Board Member Dinizio: You asked us for something and all we really grant you is a that we agreed to that concept. Chairman: And the concept is physical. Board Member Dinizio: Everything has to be physically, a whole other step and that's the step you hear, you read about in the paper. Board Secretary: There's one other thing too. I remember when Ed first came in and applied, I mentioned to him you have two lots. Normally that's for two uses and the board might be able to give you two uses. But you have to ask for it and he hasn't asked for that. Page 55 - Hearing Transcripts Regular Meeting of September 13, 1995 Southold Town Board of Appeals So, I'm mentioning to you. Do you want the board to give you an /i alternative, if they deny the two that you've asked for already? Mr. Ed Tonyes Jr: Two uses meaning two family (two apartments)? Secretary Linda Kowalski: Two family (two apartments). And that's it. Mr. Ed Tonyes Jr. By all means, yes. Otherwise I won't be able to pay for the property anymore. Secretary Linda Kowalski: Because if you didn't allow them, they couldn't do it. Chairman: You don't want to go that way. Mr. Ed Tonyes Jr. One family is not going to cut it. Chairman: Right. Ed Tonyes Jr. Two family isn't either, but it's better than one. Board Secretary: And you're willing to give up the other lot to merge it together in order to get the two family use? Ed Tonyes Jr. Yeah. Chairman: All right. Well, we're going to. Mr. Ed Tonyes Jr: We'd really like the three family use. Chairman: O.K., all right. In all fairness to you guys, I don't think we're going to get to it tonight. Ed Tonyes Jr.: Right. Chairman: 0. K. So it's going to float for a couple of weeks- so you know. Because, we haven't sufficiently digested everything at this particular point and you can see the lateness of the hour already. Do you know what I'm saying. Ed Tonyes Jr: Right. So, I won't be calling you up tomorrow. I don't blame you. Board Member Dinizio: Someone else might. Chairman: Any you guys are working tomorrow too? Ed Tonyes Jr. Yes. Chairman: And so are we. 0. K. Page 56 - Hearing Transcripts Regular Meeting of September 13, 1995 r,. Southold Town Board of Appeals i Chairman: Again, it's a pleasure meeting you both and we'll do the best we possibly can. We thank you for the engineer's report and l we'll do the best we can. / Ed Tonyes Jr. Thank you very much. The hearing was concluded at this point, pending deliberations and a determination at a later time (expected at the next meeting). Prepared from tape recordings by Noreen Frey. t 1 Tenn SOOT-•Dupein and Bale DeeQ with CwenlaIml Oral Aole••Indlvldud or Cogwutlon.(Angle eLeol) LW4RS ~ / CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOUL BE USED ~ ON LY. ` ~r ~=ebruan.~ I X THIS INDENTURE, made the 3,'1-, day ofDeeember, ni~eteen hundred and ninety- BETWEEN EDWIN A. TONYES residing at 2155 Jockey Creek Drive, Southold, New York, 11971; and DONALD H. TONYES, residing at 514 Flint Street, Greenport, New York, 11944 party of the first part, and j t EDWIN A. TONYES and MARGARET TONYES, husband and wife, both residing at 2155 Jockey Creek Drive, Southold, New York, 11971 and DONALD H. TONYES, residing at 514 Flint Street, Greenport, New York, 11944 party of the second part, WITNESSETH, that the party of the first part, in consideration of Ten Dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in Southold, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a monument on the northerly side of Main Road (N.Y.S. Route 25) distant 84.5 feet westerly when measured along the northerly side of Main Road, from the corner formed by the intersection of the northerly side of Main Road with the westerly side ofBoisseau Avenue; THENCE South 77 degrees 57 minutes 40 seconds West along the northerly side of Main Road, 60.50 feet to a monument and land now or formerly of George Steltzer; THENCE North 11 degrees 25 minutes 20 seconds West along said last mentioned land 183.91 feet to a monument and land now or formerly of Pauline Bednoski; 'THENCE North 75 degrees 00 minutes 30 seconds East along said last mentioned land 54.12 feet to a point and land now or formerly of Compass Transports S.A. Panama; THENCE South 13 degrees 24 minutes 40 seconds East along said last mentioned land, passing through a monument and along land now or formerly of Walter Adamson, 186.75 feet to the monument on the northerly side of Main Road at the point or place of BEGINNING. BEING AND INTENDED TO BE the same premises as conveyed to the parties of the first part by deed dated June 28, 1991 recorded in the Office of the County Clerk on July 24, 1991 in Liber 11304 at page 340. I ~eY{ 4Y. r r s1:..1 #~;r~~~(t<I r:: 44 td tiny); EK SUFFOLK ROMAINE RECORDED FE 29 MIS ctEllc OF OF 'r 1 4 +Y.nnµ. 96 FEB 2 9 AP110: 55 11764 PC 24'7 ~ ~NrVED E U 4Y, . r; Numberofpages AffrA .nSTATE CLE d OF SUFFOLK COUNTY TORRENS FF8 2a 1996 Serial k TRANSFER TAX SUFFOLK Certificate H Prior Ctf, 0 233 Deed / Mortgage Instrument Deed / Mortgage Tax Stamp Recording / Filing Stamps FEES Page / Filing Fee Mortgage Amt. _ Handling -5 1. Basic Tax _ TP-584 2. Additional Tax _ Notation p- Sub Tulal _ EA-5217 (County) s Sub Total 4 - Spec./Assn. EA-5217 (State) 02 S or Spec. /Add. _ R.P.T.S.A. TOT. M-rG. TAX _ Comm. of Ed. 5.00 Dual Town Dual County Held for Apportionment Affidavit gs, Transfer Tax Cued Copy Mansion Tax _ The property covered by Utis mortgage is or Reg. Copy will be improved by a one or two family Sub Total dwelling only. Other YES or NO GRAND TOTAL If NO, see appropriate tax clause on page N of this instrument. p, - Real Property Tax Service Agency Verification }~G. Title Company Information aasotrt'~ Dist. Section Block Lot oouW i}' ~l• 1000 062.00 01.00 014.000 None Company Name I'Sate 9 Told Title Number +8,'' FEE PAID BY: Edwin A. Tonyes, Jr. Cash Check Charge 609 First St. Payer same as R & R Greenport, NY 11944 (or if different) NAME: ADDRESS: RECORD & RETURN TO (ADDRESS) g Suffolk County Recording & Endorsement Page This page forms part of the attached Bargain and Sale Deed made by: (SPECIFY TYPE OF INSTRUMENT) Edwin A. Tonyes and Donald H. Tonyes The premises herein is situated in SUFFOLK COUNTY, NEW YORK. TO In the Township of c,,,j t- ,n l d , Edwin A gjonyee and Mar`atta! Tony., and Donald H. Tonyatl,••<: , InlheVILLAGE _ EDWARD P. ROMAINE A---' RECORDED FEe 29 IM W M OF SUFFOLK COUNTY w Bokw a rrucv BCORDING OR FILINO. Page 7 - Appl. No&17 • Matter cf EDWIN and DONALD TONYES Decision Rendered October 11, 1995 (f) in considering all of the above factors, the interests of justice will be served by granting a Special Exception for two apartments in a single building, as conditionally noted below. Accordingly, on motion by Chairman Goehringer.*, seconded by Member Tortora*, it was RESOLVED, that Plans A and B are hereby DENIED for the reasons noted above, and BE IT FURTHER RESOLVED, that alternatively (as agreed by applicants), Plan C for two apartments* *within a single building, be and hereby is GRANTED A SPECIAL EXCEPTION, SUBJECT TO THE FOLLOWING CONDITIONS: 1. Applicants shall furnish to the Board of AppeaLs a copy of a fully signed and recorded deed describing both parcels, identified as 1000-62-1-13 and 14 as a single lot prior to obtaining a building permit from the building department and prior to obtaining a certificate of occupancy for the (proposed) two apartments; 2. There shall be no habitable floor area and no business activities in the subterrnian area (basement or lower area) ; 3. The detached garage must remain accessory and incidental to one of the apartments and is not permitted to be used for separate rental purposes; 4. That the Building Inspector is hereby asked to inspect the conditions of the shingles on the easterly side to be brought to code (replaced) as determined by him to be proper; 5. That the two apartments conditionally approved shall be subject to the 9/22195 building inspector's letter of compliance and Joseph Fischetti's engineer report, as well as all other applicable codes and regulations; 6. That the two apartments conditionally approved herein shall be / above grade (not basement apartment area) as required by codes. located properly Ik GER RD P. EHRINGE CHAIRMAN **Apartment defined as a hous,Weping or residential unit. RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE/~QHQUR Town Clerk, Town of Southold i V i i § 100-90 ZONING § 100-91 ARTICLE IX Hamlet Business (HB) District [Added 1-10-1989 by L.L. No. 1-198911] § 100-90. Purpose. The purpose of the Hamlet Business (HB) District is to provide for business development in the hamlet central business areas, including retail, office and service uses, public and semipublic uses, as well as hotel and motel and multifamily residential development that will support and enhance the retail development and provide a focus for the hamlet area. § 100-91. Use regulations. In the HB District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. [Amended 5-9-1989 by L.L. No. 6-1989, 5-16-1994 by L.L. No. 9-1994; 2-7-1995 by L.L. No. 3-19951 Permitted uses. The following are permitted uses and, except for those uses permitted under Subsection A(1), A(2) and A(19) hereof, are subject to site plan approval by the Planning Board: (1) Any permitted use set forth in and regulated by § 100-31A(1) and (3) of the Agricultural- Conservation District. (2) Any permitted uses as set forth in and as regulated by § 100-42A(2) of the Hamlet Residential District. (3) Boardinghouses and tourist homes. (4) Business, professional and governmental offices. (5) Banks and financial institutions. 11 Mtor'a Note: This local law also repealed former Art. 1x, C-1 General Iadestrlal District, as emended. 10077 3 - a5 - 95 § 100-91 SOUTHOLD CODE § 100-91 # (6) Retail stores. (7) Restaurants, excluding formula food and take-out restaurants. [Amended 5-16-1994 by L.L. No. 9-19941 (8) Bakeshopa (for on-premises retail sale). (9) Personal service stores and shops, including barbershops, beauty parlors, professional studios and travel agencies. (10) Art, antique and auction galleries. (11) Artists' and craftsmen's workshops. (12) Auditoriums or meeting halls. (13) Repair shops for household, business or personal appliances, including cabinet shops, carpenter shops, electrical shops, plumbing shops, furniture repair shops and bicycle and motorcycle shops. (14) Custom workshops. (15) Bus or train stations. (16) Theaters or cinemas (other than outdoor). (17) Libraries or museums. (18) Laundromats. (19) Bed-and-breakfast uses as set forth in and as regulated by § 100-31B(14). B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided, subject to site plan approval by the Planning Board: (1) Any special exception use set forth in and as regulated by § 100-31B(3) to (6) and (13) and (14) of the Agricultural-Conservation District. (2) ultiple dwellings and townhouses. 7~i s was a~~~aued Lim fed ~o I ~-ti 0 (19,9~Tn~en %5 10078 a_a5_M I . 4 SOUTHOLD CODE § 100-91 § 100-91 ZONING § 100-91 ores. (3) Motel and hotel uses as set forth in and regulated by § 100-61B(4) of the Resort Residential (RR) District, ants, excluding formula food and take-out except that minimum lot size shall be three (3) nts. [Amended 5-16-1994 by L.L. No. acres. [Amended 7-31-1990 by L.L. No. 16.1990] (4) [Amended 12-12-1989 by L.L. No. 23-19891 ps (for on-premises retail sale). Apartments may be permitted over retail stores and service stores and shops, including business, professional and governmental offices, tops, beauty parlors, professional studios subject to the following requirements: el agencies. (a) The explicit written approval of the Town Fire que and auction galleries. Prevention Inspector shall be obtained for the design, location, access and other safety-related =nd craftsmen's workshops. elements of every such apartment. No ums or meeting halls. apartment shall be permitted over filling stations, stores retailing flammable or fume- =hops for household, business or personal producing goods, restaurants or other es, including cabinet shops, carpenter businesses with kitchens or other facilities lectrical shops, plumbing shops, furniture producing intense heat or any other establish- wps and bicycle and motorcycle shops. ment which the Fire Prevention Inspector workshops. determines to pose a greater-than-average built-in fire risk. ain stations. (b) The habitable floor area of each apartment or cinemas (other than outdoor). shall be at least four hundred fifty (450) square or museums. feet, but in no case more than seven hundred fifty (750) square feet. The apartment shall not mats. be located on the first floor of the building, and breakfast uses as set forth in and as the apartment shall contain all services for safe by § 100-31B(14). and convenient habitation, meeting the New York State Uniform Fire Prevention anc 'ed by special exception by the Board of Building Code and the Sanitary Code. following uses are permitted as a special the Board of Appeals as hereinafter (c) There shall be no more than three (3 ,ject to site plan approval by the Planning apartments created or maintained in any single building. =vial exception use set forth in and as (d) Each apartment, or common hallway servicin€ by § 100-31B(3) to (6) and (13) and (14) of two (2) or three (3) apartments, shall have ,ultural-Conservation District. separate access to the outside of the building which must be distinct from the access to use: dwellings and townhouses. on the first floor. 10078 3 -25 - 95 10079 3 - 25 - 9 § 100-91 SOUTHOLD CODE § 100-91 i (e) Each apartment shall have at least one (1) on- site off-street parking space meeting the standards of this chapter, conveniently located for access to the apartment. (f) Only the owner of the building in which it is proposed to locate the apartment(s) may apply for this special permit. The Board of Appeals shall require that such applicant execute such r agreements, contracts, easements, covenants, deed restrictions or other legal instruments running in favor of the town as, upon recom- mendation of the Town Attorney, the Board shall determine to be necessary to ensure that: [1] The apartment, or any proprietary or other interest therein, will not be sold to the tenant or any other party, except as part of a sale of the entire building in which the apartment is located. [2] The apartment is made available for year- round rental. 1. [3] The apartment is properly constructed, maintained and used, and unapproved uses are excluded therefrom. [4] Any other condition deemed reasonable and necessary to ensure the immediate and long-term success of the apartment in helping to meet identified housing needs in the community is complied with. (5) Boarding and/or tourist homes as set forth and regulated by § 100-61B(5) of the Resort Residential (RR) District. [Amended 2.7-1995 by L.L. No. 3-1995] (6) Fraternal or social institutional offices or meeting halls. (7) Drinking establishments. 1 10080 3-25-9 [ S i 'HOLD CODE § 100-91 § 100-91 ZONING § 100-91 . ent shall have at least one (1) on- (8) Public garages. set parking space meeting the (9) Funeral homes. ,f this chapter, conveniently located (10) (Reserved)12 , the apartment. caner of the building in which it is (11) [Added 5-16-1994 by L.L. No. 9-19941 Take-out , locate the apartment(s) may apply and formula food restaurants, subject to the --W permit. The Board of Appeals following requirements: e that such applicant execute such (a) Adequate parking shall be provided in contracts, easements, covenants, accordance with that required by Article XXM fictions or other legal instruments Parking and Loading Areas, of this chapter. All favor of the town as, upon recom- parking spaces shall be located within of the Town Attorney, the Board reasonable walking distance of the site or three , ine to be necessary to ensure that: hundred (300) feet, whichever is less. The .artment, or any proprietary or other improvement or development of municipal ,t therein, will not be sold to the parking may be used to satisfy this or any other party, except as part of requirement. The adequacy of municipal of the entire building in which the parking shall be determined by the Planning ,.ent is located. Board as part of its site plan review procedure by conducting a parking survey of the capacity _partment is made available for year- of the existing municipal parking area to rental. accommodate the projected increase in usage apartment is properly constructed, due to the introduction of the subject land use. aired and used, and unapproved uses (b) An assessment of the potential traffic impacts eluded therefrom. of the proposed use must accompany the long other condition deemed reasonable environmental assessment form. The ecessary to ensure the immediate and appropriate mitigation measures must be erm success of the apartment in incorporated into the site plan. ,g to meet identified housing needs in (c) There shall be no counter serving outdoor traffic ,mmunity is complied with. via a drive-in, drive-through, drive-up, drive-by /or tourist homes as set forth and or walk-up window or door. .100-61B(5) of the Resort Residential (d) Exterior signage shall conform in all respects to [Amended 2-7.1995 by L.L. No. Article XX, Signs, of this chapter and, further, may not be lit from within. social institutional offices or meeting 12 Editor's Note: Former subsection B(10), wineries, amended 8.1.1880 by " No. ,llshments. 15-1989, was repealed 11-2&1891 by I.I. No. 2&1994. 10080 3 - 25 -95 10081 3 - 25 - 95 Town of Southold Bulk Schedule for Busfnese, Office and Industrial District, [Added 1-10-89 by LL No. 1-19891 _ LB HB B LIO Dislriel limited Hamlet General 54.1 light Industrial LI Business Business Business Marine 1 Mari M-II ne 11 Office WPlrk fight Minimum requirements for b Park Industrial usiness, office, indua- e Pa trial or other nonresidential use' Let size (square feet) 80.000 20,000 Lot width (feet) 176 30,000 40.000 80.000 120,000 Lot depth (feet) 60 150 150 150 40,000 Front yard (feet) 250 100 160 150 200' 100 60 15 60 150 300 Side yard (feel) 20 150 35 75 50 Both side yards (fcel) 20 10 26 20 45 25 30 20 Rear yard (feet) 25 50 45 Landscape area (percent) 75 25 35 25 25 60 40 35 25 35 75 70 Maximum permitted dimensions 26 20 35 25 14t eoverage (percent) 20 40 Building height (feet) 35 30 30 30 20 30 Number of stories 36 35 36 35 35 2Y, 2 2 2 2 35 NOTES: 2 2 ' For minimum requirements for residential uses, refer first to Density and Minimum W Site Schedule for Nonresidential Districts and then to appropriate indicnkd column in the Bulk Schedule for Residential Uses. In the Marine 1 and Marine 11 Districts, only land shove mean high water shall qualify for area calrul:dionx 2-25-89 i APPEALS BOARD MEMBERS ~o~OgOFFO(,~Co ti Gy Southold Town Hall Gerard P. Goehringer, Chairman o° :c 53095 Main Road Serge Doyen, Jr. rn x P.O. Box 1179 James Dinizio, Jr. O Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Ol ~a Telephone (516) 765-1809 OP~tc~ o F BOARD OF APPEALS TOWN OF SOUTHOLD MEMORANDUM TO: Ed Forrester, Town Investigator FROM: Office of the ZBA DATE: October 12, 1995 SUBJECT: Inquiry from Jody Adams concerning Tonycs Apartment Jody Adams called this morning and inquired as to what action the Town was looking into relative to her letters of concern about the Tonyes building construction (ref. 9/15 memo from ZBA with attachments). Ms. Adams indicated that you were waiting for a copy of the Building Inspector's memorandum and therefore a copy under date of Seot. 22, 1995 is attached for your file. At our Regular Meeting held last night, the ZBA rendered a conditional approval for the establishment of two apartments. Mr. Tonyes is aware that there are other steps necessary for the building to be occupied with two families. As you know, the ZBA's jurisdiction is final and the SE approval is open (pending) until such time as other approvals are obtained by the owner from the town and, if necessary, the County Health Department. \ o~~gUFFD(,(-~o o N x Town Hall, 53095 Main Road Fax (S16) 765-1823 O. Box 1179 y • Southold, New York 11971 Telephone (5 5166) ) 765-1802 OFFICE OF THE BUILDING INSPECTOR SEP 2 2 TOWN OF SOUTHOLD TO: Zoning Board of Appeals _ FROM: Thomas J. Fisher - Senior Building Inspet~ DATE: September 22, 1995 RE: Tonyes Building in relation to Uniform Code for 2 dwelling units. In reply to your request, I hope this will aid you in your decisions: The building has a Certificate of Occupancy for a pre-existing, one family dwelling. It appears that there have been alterations to, and changes of the type of occupancy of this building without any type of permits. These are a few items from the N.Y. State Uniform Fire Prevention Code that would apply to this building. 1. 712.1 (3)(b) - cellars non-habitable 2. 717.3(a) - 3/4 hour fire rated separation required between dwelling units. 3. 1231.1(f) - pertains to building features installed or constructed without permits. 4. In general when a type of occupancy is changed (conversion of a building), the entire building shall comply with subchapter E as stated in section 1231.2. 5. Existing ceiling heights of 7 feet could remain if not in conflict with 1231.1(f) above. 6. Openings for emergency egress as required by code in certain rooms. 7. Exits as required by code. 8. Minor alterations allowed not involving any structural supports, posts, girders, floor beams, headers, walls and roof construction. From: Joseph Fischet i P.E. To: Zoning Board Ds#A: 9IM95 Time: 14:85:01 Pape 1 of 1 " Aoseph Fische i PROFESSIONAL ENOIIJEER HOBART ROAD sOUfHOLD, NEW YORK 11971 (516) 765-2954 \ Date: September 26, 1995 Reference: Tonyes Gerard Goehringer Chairman Board of Appeals Town of Southold Dear Mr. Goehringer, This letter is regarding the modificartons to the Tonyes Building on Main Road, per+aining to its compliance with building and fire codes. My discussion with the Tonyes have made clear to them the the re-construction required to make the building comply with two family fire codes. Because the rear apartment has been an addition to the main structure, the inclusion of a one hour fire rated wall between any future apartments should not be out of the question. It should be understood though, that I have not made a detailed evaluation of the structure or those future costs. Very truly yours, Joseph Fischetti, P.E. PAGE 01 • f s a ~qb %J rl 0 z..,•,r,~ 0 era o aaL o o a4 5 o 0 • ® o 0 F ,i S 1 a~n ~v&o so°~ocn 6s s-ir-6 APPEALS BOARD MEMBERS ~o~~gOFFO( NCO Southold Town Hall Gerard P. Goehringer, Chairman c 53095 Main Road Qh/ Serge Doyen, Jr. y x P.O. Box 1179 James Dinizio, Jr. O Southold, New York 11971 A,~ O~ Fax (516) 765-1823 Robert A. Villa Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD MEMORANDUM TO: Ed Forrester FROM: ZBA Offic( DATE: September 15, 1995 RE: Questions Regarding Occupancy of Existing Building from Jody Adams ref. Tonyes Building, Main Road, Southold Jody Adams left the attached written inquiries, which are referred to you (or the Building Department and Town Attorney). Copies of her letters are attached. The building which is referred to contains an apartment in which she is being (or has been?) evicted. Our office did tell her that the building has a pre-C.O. for a single-family use and in the event more than one family is occupying the building, then the pre-C.O. is not being complied with. Mr. Tonyes does have a Special Exception application on file in which he is requesting either two-family use or three uses for two separate parcels owned by their family. The hearing was concluded on September 13, 1995 and deliberations will be rendered within the next 60 days- Ms. Adams has questions regarding Mr. Tonyes' building and its present occupancy. Would you please contact Ms. Adams by telephone, 765-3229 (if possible for Monday, September 18, 1995 when she will be calling) regarding the Town's position on the "permitted" occupancy and what will be done? Please let us know the current procedure which would be taken in which this type of project or question is normally handled to bring the occupancy issues into compliance. cc: ZBA Members (FYI) Building Department 0 I need to know within what time frame the Tonyes decision must be made (re land and dual apartments)? 'n dill their decision be in writing and what then will G I"5 the Board have to do before it is finalized? ~ns, ~O L ~t'~~ lPJ( If the Tonyes's do not evict, what action will the Hoard take and when? (Town take?) How long will that take. b Can any of-the people currently living here stay if they go for two family during renovations? Can both units stay rented? What controls re renting the garage for do haniaal uSe_ id or other purposes? etcetera In regard to my own moving on or out, possible suits and so on I need some positive information, please? Jody 765-3229 PoB 33 Peconic, LNY 11958 yc APPEALS BOARD MEMBERS ~o~~gUFFO(,~-co Gy Southold Town Hall Gerard P. Goehringer, Chairman o° < 53095 Main Road Serge Doyen, Jr. cc x P.O. Box 1179 o James Dinizio, Jr. .te Southold, New York 11971 Robert A. Villa y~j01 ~a0` Fax (516) 765-1823 Lydia A. Tortora * Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD PUBLIC HEARINGS BOARD OF ZONING APPEALS TOWN OF SOUTHOLD July 12, 1995 (7:30 P.M. Hearings Commenced) P R E S E N T: HON. GERARD P. GOEHRINGER Chairman SERGE J. DOYEN, Member JAMES DINIZIO, JR. Member ROBERT A. VILLA, Member LYDIA A. TORTORA, Member LINDA KOWALSKI, Clerk-Assistant to Board Page 20 v- Hearing 'Onscripts Regular Meeting of July 12, 1995 Southold Town Board of Appeals Secretary L. Kowalski: She won't mind. She already mentioned it. chairman: She's very very nice. We have had sufficient, unbelievable, maybe you remember some of them, applications over the 280A action. Board Member Villa: I was reading that soil thing too. Chairman: This applicant is going to have to subscribe to some of this, or they are going to have to substantially, they are going to clip the house anyway. But there is going to be a substantial adherence I would say, if they want my vote to that. Board Member Villa: Yes, definitely. Chairman: I have no idea what they are paying for the property and at this point I don't really care. But it's going to cost them a phenomenal amount of money for erosion control on this piece of property. Board Member Villa: Yes. From the report we wouldn't be doing them a service approving this thing the way it is, bocause they are no going to have a house very long. Chairman: That's right. Board Member: Neither will the neighbors, eventually. Chairman: O K Hearing no further comment, I make a motion recessing the hearing until the next regular scheduled meeting. All in favor Aye. 8:16 Appl. No. 4317 - Edwin and Donald Tonyes.. This is a request for a Special Exception under Article 1X, Section 100-91B, 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 1000-62-1-13 containing approximately 10,500 sq.ft. in area which is being offered in this project to increase the available land area. Both tots are located on the north side of the Main Road, Southold, and are in the HB Zone District. Chairman: We have a copy of a survey produced by Peconic surveyors dated July 11, 1985 indicating a piece of property which is approximately 60.50 feet, so I guess that's 16 and oue half on Main State Road or Route 25 by a variable 183.91. It tapers down to 54.12 in the back. The separate lot we have is by Tax Map. I have Page 22 - Hearing Onscripts • Regular Meeting of July 12, 1995 Southold Town Board of Appeals Mr. Tonyes: The only way you could prove that, we met an old lady 90 years old last summer. She tells us stories that there used to be a butcher there way back, a plumber there. Someone was living down there for awhile. But there's no records of this. Chairman: What did you find downstairs wheii you actually purchased the property? Was just an open room? Mr. Tonyes: The floor was rotting downstairs and had a smell of. The way they did the house back then, the would take a 4 by 4 wood and plant logs and lay a pine floor right over it. Maybe they redid this a hundred years ago, the only way to figure it out. The smell, the toxic smell of the house that was so bad, you couldn't rent it to anybody even someone living on the second floor. First floor and second floor. Chairman: You mean, the smell of rotting wood. Mr. Tonyes: I had to dig the rotting wood up for a cement floor on the bottom. So this way, you wouldn't have this wood on dirt. Chairman: O K Mr. Tonyes: Most of that work I did by myself, with no help. Chairman: Good. There were no extensions put on the house. The size of the house is existing as it exists. Mr. Tonyes: Exactly the same as it always was, as we bought it. Chairman: As you bought it. Mr. Tonyes: I would have to say probably about 65 years ago there was a bathroom extension. I'm sure you see pictures up there. It's about 6 by 6, it's on the side. Well, they never had a bathroom before. They used to have outhouses way back then so I think that's probably the newest part of the house. That little bathroom section there. But, from records those records got burnt in a fire I guess, in late eighteen hundreds in Riverhead. It's exactly where the main part of the house was built. Dating back, say 1725, the newer section of the house which would be the back part of the house, that would be about 150 years old Chairman: Mr. Villa. Board Member Villa: My concern, I don't have a problem with what your proposing. My problem is granting something ?ud not knowing Page 23 Hearing Anscripts • Regular Meeting of July 12, 1995 Southold Town Board of Appeals if you meet the codes. In other words, when you get into two family and residents or three family you fall into different housing codes, and different fire codes. I would like to be sure, ahead of any decision that we have here, that that building meets codes or that you can make it meet the codes. I don't want to grant something and then have the Building Department come in and say, there is no way you can do it. I would rather have that up front before we can make a decision. Mr. Tonyes: You have to also bear in mind, that at the time the house was built, people living there two hundred fifty years ago, that, I don't know what the codes were back then. I don't have a book of codes. But, if the Building Inspector says do this, put this here, put this here, we'll do that. We'll comply to any of the alterations. Board Member Villa: No. You've got a 7 foot ceiling upstairs with sloping ceilings, besides beyond that. Mr. Tonyes: You mean, the bedroom upstairs. Board Member Villa: That's right. I don't know wliether that is going to meet any kind of codes. I would not feel comfortable making a decision whether this can meet codes. Chairman: What do you propose, Bob? Board Member Villa. I would like to have someone make an inspection from the fire and multiple housing sections to see if' this is going to meet codes, or are they going to need variances. Chairman: You're referring to someone in house or outer house? Board Member Villa: Whichever. Secretary L. Kowalski: Well, in house doesn't do it. I've already checked. That's because they don't know what the specification are for the houses that are there today. You may have to come up with a building construction plan of the house as it exists, to show what codes it met when it was built or what it is. Board Member Villa: It was built as a single family or it's only approved a single family. Right. Chairman: You understand what we're talking about l;ere. Mr. Tonyes. I understand exactly what you said. Chairman: No way do we want to make a decision without having. Page 24 - Hearing scripts • Regular Meeting of July 12, 1995 Southold Town Board of Appeals Mr. Tonyes: Absolutely. Chairman: We're not tearing the place apart, we'ru not criticizing it. We're not doing anything. That's what Bob Villa wants. O K So what we would suggest you do, get a hold of the local engineer, let him have a look at it and evaluate it on that basis. Board Member Tortora: Only one thing, the other thing here is, you're asking for either-or. Mr. Tonyes: I want you to understand something. Board Member Tortora: You're asking for either two family, or two family and a retail use, or multi family use. The bulking parking schedule is different for both. I don't know what I'm looking at right now. The bulking parking schedule is different for both. Also, your talking about 20,000 sq. ft. minimum for crach use in this zone, so I'm sure what we'd be granting. It would depend on which ones you are going to go with. Chairman: I think this could be addressed also from the engineering evaluation. Mr. Tonyes: But I did clearly mention that at t1-As time, that something has to be done, because if I don't generate income from this property, or if I cannot continue as I am now, generating income from this property, I won't have to bother coming here anymore. My point was: The reason way I went from A to B, like your saying there, I would prefer two family with a store. I think I could generate the most income out of it that way. If the Board says O K, lets go three families. You want to incorporate that piece of property on the side and well, I'll go along with whatever you want. Board Member Lydia: That's what we're trying to say to you. If it's going to be two families and a store, there is a whole set of different parking requirements, than they would be for three families, for multiple families. Mr. Tonyes: I understand. Board Member Tortora: I'm not sure what applicati()n is before us at this point. Chairman: Let's let the engineer look at it, and the engineer can refer to that situation. Then they can make a determination what way they want to go with that. Page 26 - Hearing Onscripts • Regular Meeting of July 12, 1995 Southold Town Board of Appeals Board Member Villa: Now, you can't do this. You have to address this to the codes, specific codes that fall into being when you go like from like a two family to a three family. Mr. Tonyes: Right Board Member Villa: They require certain floor areas with minimum ceiling heights. You have fire codes that fall into place. You have all kinds of things that get involved here. I just don't want to be in a position here of saying to you, O K, we're going to grant it and then find out, that you can't meet anything. It wouldn't make sense. I'd like to know up front, that you can meet all the codes and then we can address what your proposing and take it whichever way we think is best. Mr. Tonyes: O K Chairman: Sure, but if you have any questions on what we want the engineer to look at, have him call us. Mr. Tonyes: O K Chairman: All right, and myself and Mr. Villa or any of us will refer him to what we think we want. Secretary L. Kowalski: We'll mark mainly fire codes and : zoning codes. Chairman: Right. Secretary L. Kowalski: Is there anything else wo could mention today? Board Member Villa: It's multiple residency codes, building codes. Board Member Tortora: Depending on what use. What kind of area variances you need. Secretary L. Kowalski: Building and fire codes are the same thing, same codes. Chairman: We just suggested that you use someone that's familiar with the Town of Southold codes. Mr. Tonyes: O K Chairman: All right. Preferably not someone from New York City. I'm being facetious of course. Page 27 - Hearing 41inscripts • Regular Meeting of July 12, 1995 Southold Town Board of Appeals Mr.. Tonyes: Sure. Chairman: O K, when your 85 miles away, you don't kind of understand some of this stuff that we deal with. Because some of the stuff out here is older, as in this case. This is an older house. I'll refer to it as very old. It doesn't look very old, but I mean it is very old. The main structure. O K Board Member Tortora: It's not a artifact. Secretary L. Kowalski: It should be someone licensed in Suffolk County. Chairman: We thank you though for your honesty and your courtesy in showing us the place. We really appreciate that acid we'll see you back on August 9. If you have any questions, please give us a call. Thank you. Mr. Tonyes: O K Thank you. Chairman: Is there anyone else, just one second Joe,, want to speak in favor of the favor of the application? Anyone want to speak against? Board Member Tortora: Well, what I wonder is, if you're holding this over, can I hold my comments? Chairman: Surely. Board Member Tortora: I'll speak at the next meeting, I'd rather,I'm tired. Chairman: Good. I don't mean good, it's good that you will be able to come back. I have to watch what I say, sometimes. O K Hearing no further comment, I'll make a motion to recess the hearing until the next scheduled meeting. Board Member Villa: Second it. Chairman: All in favor say Aye. Thank you again for coming in. 8:34 P.M. Fairweather-Brown Arthitects: Appl. 31322 - William Gordon. Variance based upon the May 24, 1995 Noticta of Disapproval of the Building Inspector where applicant is requesthig permission to construct garage and deck additions which will have insufficient front yard setcacks. Ref: Article 111A, Section 100-30A.3. Location of Property: 1030 Broadwaters Road, Cutchogue; County Tax Map District 1000, Section 104, Block 9, Lot 1. Page 58 - Hearing (Onscripts • Regular Meeting of July 12, 1995 Southold Town Board of Appeals Noreen Frey Prepared from tape recordings From: Joseph Rsohel0 P.E. To: Zoning Board Dde: %`2W96 Time: 14:26:01 Pape 1 of 1 yi Joseph Fische ti 0 PROFESSIONAL ENGINEER HOBART ROAD SOUTHOLD, NEW YORK 11971 (516) 765-2954 Date: September 26, 1995 Reference: Tonyes Gerard Goehrmger Chairman Board of Appeals Town of Southold Dear Mr. Goehringer, This letter is regarding the modificaltons to the Tonyes Building on Main Road, periaining to its compliance with building and fire codes. My discussion with the Tonyes have made clear to them the the re-construction required to make the building comply with two family fire codes. Beoause the rear apartment has been an addition to the main structure, the inclusion of a one hour fire rated wall between any future apartments should not be out of the question. It should be understood though, that I have not made a detailed evaluation of the structure or those future costs. Very truly yours, Joseph Fischetti, P.E. 09/22/1995 14:54 7655180 SOUTHOLD AUTOMOTIVE PAGE 01 ~3 ~o v e• . -cz; a v? ~a~o o 0 0 0 0 a A C D N 0 V I r! 2=2~ ~ o BLDG. DEPT. M M OF SOUiHeI~ ~ kAOck / S~ r September 16, 1995 To. The Southold Town Board of Zoning Appeals c/o Linda Kowalski SEP 1819% in re Tonyes property hearing I understand the hearing was closed and that normally you do not accept material relevant to the matter after the hearing has been closed. Linda said she would see that each member of the Board received my communication. It is my understanding that within sixty days you will decide on the single plan that thebasement of this house not be used, that the upstairs parts either remain single or be a 'two- family' unit, and that if it is to be two family, that the adjacent lot would be incorporated. Also that all elements of the proposal would have to be brought to code and that such change mi,§t be found to be impossible. That full architectural plans would have to be created and given the Town. etcetera Due largely m machinations by the Tonyes, your Board did not see one half of the upstairs house. I suggest that before you make your final decision you arrange to view it. I have been renting the 'rear' unit you did not see since 4/1/95• I have not slep one normal night thru in that period of time. I have rented elsewhere for five weeks. I have slept in my car neara beach and I have considered camping. The rear unit, and the way the building has been divided create problems for comfortable two family use and I believe you ought to see these things for youaelves. I will outline some other things I would hope you would consider in your decision. The white building west of the Tonyes property has an exampt upstairs,pairatment and several downstairs office areas. It is next to the fire house. The property is beautifully maintained and the property upstairs (the N artment) is currently lived in but the offices are empty. UJayside Market has predating apartments. Buildings on Boisseau next to and near Jayside are empty and for Gale. 2. Your decision seemingly should be based on not only the individual house and theproblems the Tonyes family presents but the area generally and the potential successfulness of the use you allow. In a hearing before your Board on property on Boisseau, the amount of traffic on Boisseau was elequently described by Jean Cochran. It is noisy. rdayside creates some traffic and noise in several ways. One,by its delivery trucks, garbage pick ups and large trucks left deseiling when they stop to get food, and via its exhaust fan (or what ever) that exhauses twenty four hours a day onto the back yadd and side of the rear Tonyes unit. It also ejects intrusive odors (making dieting either very easy or difficult). The fire siren is intrusive. The food from Wayside may contribute to a serious cockroach problem at Tonyes. The driveway adjacent to and part of the original Tonyes house is wrongly and poorly graged and auto use intrudes on ppaceful use of the 'rear unit' visually and by noise. To a degree that unit is also adversely affected by the rear parking, also. The Tonyes also rented the garage to a mechanic who further denied expected peace and quiet. The Tonyes are money desperateand witbut ongoing careful onsight will violate the law to make a buck. In terms of rentability and usability as well as the destruction of what is essentialy a decent even interest,$ing old building, the division of the upstairs units (along a hallway creating a small living room under a stair way in the front unit and two closets and an in£8ntessimal bedroom (one only) in the rear unit - other problems of comofrtable living have been created. The hallway - and to a degree tiny bedroom have no noise protection from the front living room - and visa versa. The words spoken and other noises from the 'kitchen' (large sitting area included) at the front of the front unit is clear from the hallway, bathroom and bedroom. The front bathroom is clearly audible from the hallway and the windows (kitchen to bathroom and front exit door to 'living room window' all create visual and/or aural/odor problems. Smoke from the front unit is second hand smoke in the hall, and bathroom and bedroom of the rear. S ne by: Jo ams P03 33, Peconic, NY 0958 516 765-3229 3. In other words, the two units do not meld together comfortably and, considering theprices currently charged, the tenants simply are not getting what they are paying for. The downstiars unit contains almost all if not all (basement I mean) control on light fuses making a further problem. The hear controls for the entire upstairs are in a single (the rear) unit, creating another problem. The rear unit gets considerable noise from the road due to its structure and apparent lack of insulation sand lack of outside planting). If you refer to the superficial 'plan' given you you will understand why the rear unit does not stand up on its own. It does not have the bedroom somethng of its size should have. It is very noisy. It is injured by the nearness of the driveway. It is injured by the poor privacy elements due in part to cheap constructin between the front and rear units when divided. The interaction between the two units can create many problems. The elimination of the third downstairs or basement unit will lessen further extension of these problems (noise, food odors and so on which presently exist). The tiny rear single bedroom got noise from the road, from the front unit and from the basement. Jo-Anthony's restaurant creates traffic and some noise in the evening (six to ten roughly). The Quiet Man has been closed. There is twenty-four hour noise from the ice machine outside the beverage Store on the corner of i3oisseau and N,ainRoad (South side). udhat the strip ofRout 25 from IGA to Mullins should be used for would seem fitting thought for your Board. It is a no man's land at this time and I suggest that legalizing two apartment or a two family house - whatever the difference is - might not be in the best interest of this area or any persons atteipting to liv in it. The Tonyes's front tenant is deliriously happy but the government pays 600 of his rent, he lack a car and his hard of hearing (and previously had beenliving with family). I hope you will consider seriousJr maintaing the simgle family status of this building until a constructive plan is presented. APPEALS BOARD MEMBERS ~~$UFFO( ACC GGy Southold Town Hall 9erard P. Goehringer, Chairman o :e 53095 Main Road \ Serge Doyen, Jr. C10 x P.O. Box 1179 James Dinizio, Jr. Southold, New York 11971 Robert A. Villa~~1 ~a0 Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD MEMORANDUM TO: Ed Forrester FROM: ZBA Office DATE: Septembers 15, 1995 RE: Questions Regarding Occupancy of Existing Building from Jody Adams ref. Tonyes Building, Main Road, Southold Jody Adams left the attached written inquiries, which are referred to you (or the Building Department and Town Attorney). Copies of her letters are attached. The building which is referred to contains an apartment in which she is being (or has been?) evicted. Our office did tell her that the building has a pre-C.O. for a single-family use and in the event more than one family is occupying the building, then the pre-C.O. is not being complied with. Mr. Tonyes does have a Special Exception application on file in which he is requesting either two-family use or three uses for two separate parcels owned by their family. The hearing was concluded on September 13, 1995 and deliberations will be rendered within the next 60 days. Ms. Adams has questions regarding Mr. Tonyes' building and its present occupancy. Would you please contact Ms. Adams by telephone, 765-3229 (if possible for Monday, September 18, 1995 when she will be railing) regarding the Town's position on the "permitted" occupancy and what will be done? Please let us know the current procedure which would be taken in which this type of project or question is normally handled to bring the occupancy issues into compliance. cc: ZBA Members (FYI) Building Department r I need to know within what time frame the Tonyes decision must be made (re land and dual apartments)? 5 Ylill their decision be in writing and what then will (All the Board have to do before it is finalized? If the Tonyes's do not evict, what action will the pU( Board take and when? (Town take?) How long will that take. a,, Can any of the people currently living here stay if they go for two family during renovations? CA) Can both units stay rented? '.that controls re renting the garage for m~chanisal US A id or other purposes? etcetera In regard to my own moving on or out, possible suits and so on I need some positive information, please? Jody 765-3229 PoB 33 Peconic, NY 11958 Y ) ,.t q:. ) Fr~d~y ' ~95 C • Tjsaa } `'$pjt ? bf hope.y v , r ' r'~'i Y • Y tk.~ "A f.- ISyT jk b T need to )ckow within ,whawt time fume -the 4 'V' 4 P r.:. .a95 f ons must be me", (ire: land'A" Anal aps ~tt Ipl 1l, th it deo~isi~ctn be ~ .r~rit ag and tt~~~ ~•tae" a cijtiavez` to do, befotte ! ,finaliL d? Al - wu: IN , a ~"f f "the '°x~~ a+do`xid,ti#viet whOt acting Wilk fie" Boarit <tske aid W.,t,A? (Town take?) ~Iow loe r 5 i [at ; f,~ 14 T~e.' S a . ~ t y~ si` f~Can any of, the people oprrently. living ia~a~c ~G ad1 they, g ',for two family during rend t tht'ta~« } s~ 1 ~ • xtlLtiS p{iS h : 9! rt Ca,n bptk units stag req#eak? Wktt',orntrols re renting the garage for m~eital'` , or jptfler purpoe~es? a+ i ; eos#era 1'$ `r'egard to my own moving an or out, , pos so o* g~ naed some pos.ittve infoY' iar~~^ 4 } rk §R1,. v p • Jody M 33 t ` Pec`oh c~" Y, 11958 a ri F Irv ~tj t x, r Iz = . ~R a s~" ~t x y r " C 1 e y ry~ fi t ~ vYa net F `ali +~r.? V~ ~iti, ~.~°4TS]i • _ b ~ 114 • L~ rv ~Y .y}$y ~ '1i ~=Tl'111 ,.4 N f Y ~AV a. [2t i r 4:;~ .x , w i( Memorandum from BUILDING INSPECTORS OFFICE TOWN OF SOUTHOLD '1 I 3 TOWN HALL, SOUTHOLD, N. Y. 11971 765-1802 v~3/9c~ 'kill 17V 1 cte Awlk l/0 Xv~l i i i s f~f fLCv~ i V~J~ y ) J wy` `ay.E 9 J L y vim 41 ! i i o ~ )A7 Zoe) A - 9 6d' i i I U M CLoyZt O ~ <_i O 9 I G i, I ~ i . N 61 ' O ~k i 1 I- ~ FG, I 1 j LUM Ag! N ^`11 V` I ~k G~ nh n ~o w' i. t i i Ll o o ° o JUN - g Cam" .~i~~Y7 W i vQ FO~? ib~'~`P 1 i 1i 11.1- . rs Ev 07 F 7 I JUN -g l <C,C? L ~1, f Z~c: - -4s J If) Lip ~n\ \ \ Lip I ~a a lNWO0.NfA y nvvv~ ~o 0 nh ~o BEDNOSKI P~0 INE 4 to 5 N 30 E v~ N 750 54.12 a d cc oW Z O I.iE O~ W Z ti T 0 c.= A Z1, UD e 2oO , Q D N - ro D (n m O p o. a' wd' D oa s\ ` c C m e.3 g u ~ 0 0' p m°n l N fnd Z G7 ~ Q \ m l~ D O e < m G') 0 m o D N Q1 m o ! . m D a ~ D r ti a-t w- D m n can 06.4 a a O ? 6.4 n w 22_° - p Z ~O C Z4.0 o 84.5 AREA= 10,615 SQ. FT. o ~ me^ ~d 40 n'yna'. S- 770 5 50 W RTE. f~ 25) 60- Ap (NY.S• MAIN Rn SURVEY FOR ANN ARACRI , JOHN Di CARLO a MICHAEL DiCARLO AT SOUTHOLD TOWN OF SOUTHOLD SUFFOLK COUNTY, N. Y. 1000 - 62 - OI - 14 SCALE I" = 30' JULY /it 1985 CERTIFIED TO + ' iy j TICOR TITLE GUARANTEE COMPANY .1 Y.S. LIC. NO. 49618 T 1285 - 3090 SOUTHOLD SAVINGS BANK EC.9NI ~Y :YORS, P. C. ANN ARACRI {2'0 JOHN Oi CARLO MICHAEL Di CARLO P. O. BO)? 909 1230 TRAVELER STREET SOUTHOLD, N. Y. 11971 A F - 07c APPEALS BOARD MEMBERS ~~gUfFO(,~c h~0 ~Gy Southold Town Hall Gerard P. Goehringer, Chairman o° ~c 53095 Main Road Serge Doyen, Jr. rn x P.O. Box 1179 James Dinizio, Jr. Oy ~.g Southold, New York 11971 Robert A. Villa ~lj~l ~a0 Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD MEMORANDUM TO: Building Department FROM: Board of Appeals DATE: September 10, 1995 SUBJECT: Engineer Report of Joseph Fischetti Tonyes Building, NIS Main Road, Southold The Board Members have asked that the Building Inspector(s) review and comment on the attached report. Although our office only received the report today from Mr. Fischetti, comments should be submitted if possible by September 13, 1995 for our public hearing.It would be helpful if one of the Building Inspectors could give some input or further clarification under the Fire and Safety Codes generally speaking for nonconforming older buildings. Thank you. Josh Fischetti • PROFESSIONAL ENGINEER HOBART ROAD SOUTHOLD, NEW YORK 11971 (516) 765-2954 Date: August 25, 1995 Reference: Invoice To: Ed Tonyes Southold Mobil Main Road Southold, NY 11971 DATE SERVICE RENDERED AMOUNT August 25, 1995 RE: Analysis of the Main Road building to conform to New York State Code $300.00 Misc. Expenses $0.00 Subtotal $300.00 BALANCE DUE $300.00 Jo e h Fischetti,P.E. Jose ph Fischett i PROFESSIONAL ENGINUR T ROAD SOU-HOLD, NEW YORK 11971 (516) 765-2954 r- -@1P- ' 5 Selo J Date: August 25, 1995 Reference: Building - Main Road Southold, NY Ed Tonyes S F Southold Mobil - - - - Main Road - Southold, NY 11971 Dear Ed, As a result of your request to review the structure on Main Road in Southold to make recommendations for compliance to New York State Code. I have the following comments in relation to the Code: I. A'/< hour fire separation between apartments is required. This consists of %x inch type X sheetrock on both sides of the wall separating the units. The separation must be smoke tight. I am Attaching an copy of the code showing how the construction should be. 2. Regarding the use of the lower level as a retail space, the following should be considered. a. A lower level is considered a cellar and not a story if more than 50 % the exterior walls are below grade. If it is a cellar a retail use is allowed with one exit if that exit opens directly at the exterior grade. This space may not comply because you must walk up to reach the exterior grade. b. A retail space to compl: must meet the requirement for handicapped entry and a handicapped lavatory. Tonyes - Main Road Page I of 2 - August 25, 1993 C. The fire separations between retail and residential requires that the ceiling have a continuous 1 hour rating. This means a continuous sheet of 5/8 inch type X sheetrock between at the ceiling level. A copy of the construction is attached. 3. You must comply with Suffolk County Health Department standards regarding the possible upgrading of the onsite sanitary system. How some of the construction is complied with may also be under the direction of the local Building Inspector. If you want me to come to the ZBA meeting in September let me know. If you have any additional questions regarding this matter, please call. Very truly yours, Joseph Fischetti, P.E. Tony es - Main Road Page 2 of 2 - August 25, 1995 4. n ! Walls and Partitions of Wood-Stud Construction with Wallboard Facings: Bearing or Nonbearing A C A p B Omigm 'gd ~ Deai9n hbl ?LAN5 (A) Wood studs 16 inches on centers. Mini, (C) Nails to penetrate framing at least 1% mum 2 by 4 Inches for bearing and 2 by 2 inches Inches; hall spaced 510 7 inches for inner layer for nonb4aing partitions. of bards. (B) Facing of kind and thickness given In (D) Joints in outer gypsum wallboard filled table. Gypsum wallboard may be applied bori• and taped except for equar"ged boards with aontally or Vertically, joints on studs. Hating paa;ga Paelag (e) home w_ . PS-1 ta. gypr erd.. . P5. ypewx Tw. watl t t p54 ia ~tro i.y.rs3fla. Rpsuw wallboard , ' . p$-4 1(sda. aabutoe4aaant board ever gpouss wallboard. Miami wool fill required whoa studs an less, char 2ea4e soiaiasi.......... P51-11 HAS. gypsum wauheatd with waters, wool bette nailed betweea etude...........'.... 1 -1ia type X ay~w.w watlMard 1 R31 layers lfln onpeues wallboard . t . . . ps-R Two t. en KJ. t X ~~h1a wallboard 1. PS-R ~1((,~ ta. ubea/es4awerit board ovr y{•(a, p es wallboard 1 P$-R T-wo layer. 1 46 type x g7ptew wa111at . . R t Tn* X gypsum wallboard has a eon which eostaite t Hating 1 hour where the two leywe of wallboard an epssisl gore sad other waterials that give it a gnatar aweatad togethr or when they are of typr X gypaaw tedetaasa to in than ngolar ppww wallboard waubar'd. N~ • CODE MANUAL Y APPEALS BOARD MEMBERS ~o~~g1lFFO(,~-co ti Gy Southold Town Hall Gerard P. Goehringer, Chairman o° 4 53095 Main Road Serge Doyen, Jr. y Z P.O. Box 1179 James Dinizio, Jr. D Southold, New York 11971 Robert A. Villa y6jp1 ~a0~ Fax (516) 765-1823 Lydia A. Tortora Telephone(516)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD MEMORANDUM TO: Building Department FROM: Jerry Goehringer, Chairman arid Fs fth6el DATE: July 19, 1995 a SUBJECT: Review under Zoning Code for Conversion of Preexisting Building to Two-Family or Three Principal Uses Owners: Edwin Tonyes and Others ZBA Members have asked that the above project be coordinated with your office to determine the areas of the zoning code in which you feel applications will be required, other than a special exception, such as insufficient lot area - 60,000 sq. ft. for three principal uses, or 40,000 sq. ft. for two principal uses. You may wish to note that the applicants have offered their adjoining parcel of .18 acreage, owned separately, for an additional use. Would you recommend that this be addressed in the form of a variance application? Also please confirm the areas you feel are appropriate for variance relief. Thank you. Attachments (Pre-C.O. and survey map) BEONos KI F Pl\ULINE l~.2.5s o a 1 30 flj&;L 0/0 N 7500 54-12 66 u~ O . i. 3E \ ~ v Z ~ 011 ~ w D N -r~ c; 4 o Z v N DO ? I O.G~ D -,U O e Zo.o F O D U1 3' Z o, o m N N L I O C N Nl At on_- 0o Y.P- ono". Z 9 D I JR \ m0 y ~o n < 70 a~ m, m O 18.4 ICE m o , D 4.a w o ~m N ~ m --1 N m D m a ! J -t r- U 9't 3 m y6.4 ~ a ~ U w ~ 6.4 n Zq.o' _ `P Z za.0 J _ O AREA= 10,615 SQ. FT. m 11~. pn• m s r7° 60.5o° (N Y. S. RTE 25) MAIN ROAD SURVEY FOR ANN ARACRI , JOHN Di CARLO a MICHAEL DiCARLO AT SOUTHOLD TOWN OF SOUTHOLD SUFFOLK COUNTY, N. Y. 1000 - 62 - 01 - 14 SCALE I" = 30' JULY 11, 1985 .o .T~ CERTIFIED TO TICOR TITLE GUARANTEE COMPANY • T 1285 - 3090 .Y.S. LIC. NO. 49618 SOUTHOLD SAVINGS BANK ANN ARACRI EGDyI ORS, P. C. JOHN Di CARLO f5/6I`~i"L; 0 MICHAEL Di CARLO P. 0. B(SR' 909 1230 TRAVELER STREET SOUTHOLD, N.Y. 11971 85 -2,919 SOtftIiOLD, NEW YORK - - CERTIFICATE ^TV` NONCONIO1t110I OCCUPANCY THIS IS TO CERTIFy that the 1ING PR1=A9ISES Land / Building(s) / I1se(s) Pre C.O. tl- Z13809 Date- August, - - located at 55465 MAIN ]WAD -1-98`' shO n Street 3OU111OLD - on Lot County tax map as District 1000, Sectio Hamlet 014 n doe S, 06-_? ~ 131oc1c 'not)confor m to the Town Of Southold for Present Building Zone Code , the following reasons; of the lnsuft'icient total area. Ins ufficient side Para e. Insufficient Yard setback side on accessory and setback on SL'gp-rte accessory shed. c1 - - icient On the basis re ldence, Of information it has Presented to the Buildin been determined g Inspector's Office, ~ /Use(s) existed Ming fi-VLand _ °n the effective )!X/Building(s) Town date the present Buildin of Southold, and may be continued g zone Code of tl~e Pursuant provisions of said Code, to and subject to the appli- 11' IS FURTHER CERTIFIED that the Building based upon information g Inspector's Office, presented to rate the Occupancy is issued is as follows; Y and us, for which this Certifi_ frame Pro ert contains d dwellin one stor g with an one famil ing, Property situated accessory shed wood III the D_1 an accessory general business garagep and t enThe zone with access to is issued to SALVAI'ORg Of the aforesaid building, fATANLAItO (owner, bC16>okkX Suffolk ~ dtt)CXdttY~rM) C"Illy Department of Health L'A'UL ~ - ~ Health AhPr'oval N/A RWRITEHS CERTIFICATE NO • NOTICE IS N/A dOT CONSENTED GIVEN that th I-LAS or to determine if the AN INSPECTIOl\ , e owner of the above premises TO premises b Y the B ores, Premises Of the nspe°_ other than the Buildin PJY with all uildin as been conducted, g Zone tomCode applicable codes g Ins ' s bee This Certificate ' and therefore and ordin- certify that the not, and ins, prer~tses • therefore ' °O such inspection c°mP1Y with all other does applicabl is 17 intended e codes and d regula- ~ BLU'iiding insP rector - 4'+ July 27, 1995 in re Tonyes, next hearing date 8/9/95 copy: 3uilding Department I have read two letters reTonyes and a ne7ative S3.ZRA declaration in regard to their property. I have also reviewed what I have already written you. I would ask, if it is proper, if the 3uilding 'department and Board of Appeals might look into whether any permissions for installation of new cesspools was needed or received by the Tonyes. It is my understanding that two new pools were put in one and a half years ago. Prm gardening they seem to be overly full and in terms of odor and public health possibly too close to the public road and sidewalk (and probably too small for the number of persons actually or potentially using th site). Mr. Villa might have information on this. I have neither time nor interest in pursuing SEQRA but I do feel that both cess pool contamination and asbestos contamination might be reasons for reversing that ruling - or some category for consideration of these public hazards should exist. On a somewhat lesser level, when I moved in there were cok roaches including those living in the gas stove. The kitchen sink also provided leakage and insect access. For a while I almost defeated them but they are back in massive quantity. Outside .1ays8de contribtes to the problem by tossing bread onto the driveway. I discussed asbestos and the article / Section 8 tenant mali@ously mashing an asbestos shingle and they were concerned. Agzin, I urge you to wise questions with the 3oard and or health department and to develop accurate a egal guidelines in relation to asbestos especially asbestos shing es. (w' h C T/Abatelli/Section 8)' ody Adams Poi 33 Peconic, NY 11958 July 5, 1995 Zoning Board of Appeals cc: Southold Town Building Department in re application of Tonyes, legal hearing 7/12/95, several violations issued It is my understanding that the Zoning Board intends to personally inspect, inside and out, the property of Tonyes requesting a special exception. In cleaning and existing in one of those apartment units I came across the attached rent receipt. Mr. Escalante was, apparently, a Guatamalan, one of three basic tenants of the rear unit at the Tonyes building. Mr. Boofas (sp?) of the Building Department stated to me that they could only consider the unit I was in an auxiliary or accessory use because 'there was no stove'. I have always considered this an absurd standard. Under 'oath' (notarized) I gave them a statement in relation to the gas stove which was in the rear room of this unit during Mr. Escalante's tenancy and mine until I asked E.Tonyes, Jr, to remove it as it was filthy and harbarningcockraachs, and also needed the gas adjusted. It was put behind the garage where it still is. I ask the Building Department to note that the original of this receipt dated Sept 30, 94 and signed by a scrawl which seems to generally belong to E. Tonyes, Jr. is (or should be) on file with e Zoning Department. Jod Ada s 1 r A ` JUN 6 taa5 ~unday June 25, 1995 each member, Zoning Board of Appeals of Southold Town e in re application by Tonyes, property adjacent Wayside Marketon Route 25 (55465 Main Road, Southold) to legitimize already divided premises with anexisting single family CO on Hambet/business zoned property. The application I reviewed nowhere states that the Tonyes's have been cited for violations of various codes, nor do they state that their plans are already done and that they have been illegally renting since (apparently) their initial purchase of the property. The basement or third rentable property was only recently (February) completed. There are two parts of their presentation which are fundamentally seemingly untrue. In one current use is asked for and the Tonyes reply is single family (this could have been interpreted as legal permitted use as opposed to actual use - actually this building presently has four separate rentals on it - three are within the house and are reisdential 24 hour apartment rentals and the fourth is a garage rental to a mechanic. (also considered out of zone) Mr. Tonyes, if not stopped, was trying to make an aprtment over the rented garage, without permit, probably. I have submitted a long document to you parts of which I intend to present when the hearing takes place. Ipaid money to the Tonyes Realty Corporation which has a bank account with the Southold (former savings) branch of the North Fork Bank. I hale been told to deal with E. Tonyes, Jr. who runs Southold Automotive on Youngs and Main Road, Southold and was told t consider him as my landlord. Their application nowhere mentions the Tonyes Realty Corporation (created for protection but possibly requiring revealing). Due to character limitations and dishonesty of E. Tonyes, Jr. I am strongly urging you not grant this request. Additionally, there are many problems with use and comfort within the three units which require consideration. They are poorly onstructed, unsafe in some ways, possibly hazardous in others. Wayside impacts with odor andnoise on residential use as does noise from Route 25, the poor or limited constration of the building and the lack of ability and care of the Tonyes family as outlined i my longer submission. JODY ADAMS POB 33, Peconic, NY 11958 516 734-6639 • • June ~kQ\ Saturday 24, 1995 To: Zoning Board of Appeals copy: Southold Town Building Department cc~ in re application Tonyes 55465 Main Road Southold tentative hearing date, July 12, 1995 I am a highly reluctant tenant in the Tonyes building under application and I have a great deal I want to say. I am submitting this information in writing now in case I am for whatever reason unable to attend the actual hearing. I have reviewed the application as of 6/23/95 and have copies of much of it. I find much of the information untrue in a variety of ways and believe your Board should understand the truth. I AM ESPECIALLY HOPEFUL THAT YOU CAN WORK WITH THE TONYES FAMILY TO 13EVELOP A PLAN FOR THIS PROPERTY WHICH HAS SOME HOPE OF WORKING, WHICH IS NOT INJURIOUS TO ANYONE AND WHICH IS BASED ON REALITY. I URGE THAT YOU REJECT THEIR CURRENT SUBMISSION AND TAKE THE TIME TO CONSIDER THE TRUTHS INVOLVED IN THIS SITUTATION BEFORE GRANTING THE TONYES FAMILY ANY PERMISSIONS IN RELATION TO THE PROPERTY UNDER YOUR CONSIDERATION. I first met the Tonyes's in late January in response to an ad. The basement unit was still be worked on. The Tonyes Corporation, I was told was the management/owner, and Edward (or Edwin) Tonyes, Junior of Southold Automotive, the person in charge. My initial interaction with him may have been typical. I spoke to him on the phone and he said he would meet me at the property in fifteen minutes - and never arrived. We negotiated an arangement whereby I would rent the completed unit at a certain price and date. I tried to move in but was so suffocated by E., Jr, and his brother, the unit had not been completed or aired, there was considerable road noise and shakedown problems and insultes from one of the brothers, and I moved out. Two months later I rented the rear (two) unit in a very bad arrangement. I have also been shown several times the upstairs front (one) unit and I have been fighting with the Tonyes family almost from the day we first met. Due to the proximity of the Tonyes house to commercial buildings (mn Hamlet/Business) (see next page 2. and due to the neglect which has led to dangerous and toxic conditions and due to the fact that at least unit two (rear) I am told has no insulation, the building inflicts excessive noise and other problems on its tenants making living in the building aliteral nightmare of pain and stress. The building lacks vegetation sufficient to deaden either road noise or noise emanating from Wayside Market on a twenty-four hour basis. Both Boisseau and the Main Road emits about sixteen to twenty hours a day noise of a deciXbal level which is unacceptable. The Tonyes family also owns a lot west of the house which they have recently (twoyears ago) placed cess pools on. This is a lovely open strip which creates an illusion of cmmfort and beauty. There is also a shed with collapsing floor and garage which has been being rented out to someone who deos mechanical type work for himself and seemingly others, also in violation of zoning and permits. The Tonyes, for obvious reasons, do not have permanent tenants and are (they say) struggling to meet a mortgage. The combination of their personalities and compulsions, their violations of zoning and their personal habits and carelessness, have created a building which I consider currently unliveable and positively hazardous. And I do not see that changing unless ordered and with that order being carefully followed up. Ed Tonyes, Junior suffers from impulsive conduct, which I believe is dangerous to the building, its tenants and the community. The shingles on the building are asbestos. Due to the steepness of the driveway and its ppoximity to the building at one time I am told a snow plow slipped and rammed the building, injuring the asbestos shingles which have not been repared several years later. The shingles were left near the house and somehow some seem to have gotten in the yard and driveway. Cable and television /telephone accesses have been bored thru the asbestos shingles endangering the tenants of unit two (rear apartment) - and continuing to do so. The tenant in the one apartment a few weeks ago cheerfully and intentionally stamped on a broken asbestos shingle intentionally loesing dangerous asbestos into the air - which we all do breathe including those shopping, 3• visiting the historical society and/or buying a sandwich at Wayside. Whioe apparently the front apartment has fairly recently been renovated even it does not have a proper and complete refrigerator. The basement apartment, because of the desire to have it ambivalent (usable as business or living) I was told had a destructivble divider wall - which meant less insulation from noise. I was told the property/house once fell off its foundation. I URGE YOUR BOARD TO SAFEGUARD THE PEOPLE OF SOUTHOLD BY OVERSEEING A CORRECTIVE ACTION IN REGARD TO THE DANGEROUS ELEMENTS OF THIS BUILDING AND OF THE TONYES FAMILY ITSELF. To grant any of their current requests would simply continue to practices which have given them revolving tenants (the division of the house, in my opinion, creates several unliveable units rather than creating several comfortable apartments. The divisions between one and two are in no way soundproof. And two q ite literally has no badrooms. I believe unifying the gpstairs and using it as a single house with conceivably an accessory use in the rear with the basement united used either as aparmtent or business/store depending on desire and rentabliltty is one possible if not good solution. I think owner living in the building would be preferable. The Tonyes have had the building on the market (despite the form to the contrary - and while it may have been removed pending your action, they are trying to sell it). I would also ask your Board and the Town Building Department to consider the failure of town law in conjunctionwith the type of dangerous conditions the Tonyes's have provided. Due to their conomic situation ad inclinations, additionally, they have intended to repair and work on tte asbettos, I believe, with unlicensed workers - which is dangerous and illegal. I believe this reflects their danger to this community and to their present, past and projected tenants and I urgently ask your consideration of the truths of my allegations. The Tonyes's seem to have a total dis- regard for the health and needs of their tenants and an inability both moral and financial to properly dare for this property. 4. as notedin the file, the prpperty has consistentlybeen in violation of a variety of set back and other rules. The badly graded driveway is much too close to the building potentially and actually creating another hazard (noise and polution). Until criticized, Ed Tonyes, Jr. would regularily drive his truck up the driveway and leaving it running do work in and around the building. The work of the garage tenant also contradicted both zoning and the rights of the residential tenants (people arriving at all hours, possibly hazardous use of chemical,s noise and inconsistency). I would ask that the Zoning Department in conjunction with the building department deny this application and order the building emptied until it is safe to live in. I would ask that it be returned to single family use and/or single family plus the basement/apartment/store once it is in a provably safe condition pending some constructive resolution on use. The three units where piled on each other have apotential for noise, odor and other interaction which also does not make for comcbrtable living. Apartment two (rear) really lacks any bedroom except one tiny one and the divisnon of the house is not good or/nor can one reasonably expect constructive and pofitable use of the building if the Tonyes application is granted. If the building could, for instance, be used as a storage area for the Historical Society or some other such integrated use could be found, perhaps it might have a function other than attractiveness (it is an attractive building in many ways). The cars and trucks parked with engines left running to buy beverages, food or other things creates a noise hazard. Road traffic at this point of Route 25 creates a noise ha&atd. Wayside provides a twenty-four hour a day 'fan/refrigerat:.on noise/ making using the east side of the.putSide'~and'ipside) of apartment two impossible and one spends a lot of time inside escaping that droning noise which is incessant and infuriating. There is odor from the same fan. The broken asbestos shingles reminds one constantly of the poisonous danger of the building and of what one is knowingly beamg exposed to. The driveway is falling apartment and too near the building creating a variety of hazards. 5• Again, the Tonyes's say this building was bought with the expectation of knowk~ing it down and starting a vehicle oriented business. For many reasons this was not done. It probablyshould have been. The open spaces caused by the Fire Department, the facant it and so on, while attractive cause noise to carry (including fire sirens). The view is partially the historical society, partially Wayside and partially commercial 'downtown' Southold. The tenants are largely literally living on the streets of Southold. The building is a true problem in terms of ownership and use and seemingly might involve all its n®aghbors, all those who drive by as well as potential buyers and tenants in its larch for constructive (and profitable) use. I dOULD ASK YOUR BOARD AND THE BUILDING DEPARTMENT AND THE TOWN BOARD TO CONSIDER ESTABLISHING NEW AND PERHAPS REVOLUTIONARY LAWS IN REGARD TO NOISE POLLUTION, CHEMCIAI4ASBESTOS POLLUTION AND DANGER and enable tenatns to be protected from abuse of d dsperate land owners such as the Tonyes family. The rents charged are too high, the use of at leatt apartment two for twenty-four hour living is close to non- existant - due to no protection the decibal levels inside and out I am sure exceed tafety and I do not believe, now that these matters are being made public, that they should be allowed. The new Investigator creates ideas for all of us including using his training in noise pollution, and perhaps training him in this complex area of air and chemical pllution (inside and out). Mr. Ed Tonyes, Junior is perfectly willing to rent to families with children - whcildren who would be playing in highlytoxic and lifetime dangerous asbestos. Those buying food at Wayside may also be being exposed. This really should stop. If you could ask/order the removal of the asbestos shingles, the regrading of the driveway, the relocation of the tenants penidng these things, and the compensation of the tenajbt s for having to tolerate these conditions, two 'd be a first step. JOD ADAMS POB 33, Peconic, NY 11958 516 734- 9 -08/08/1995 09:23 7655180 SOUTHOLD AUTOMOTIVE PAGE 01 due-09-9S rum 09:05 utY-L~i • Peel August S, 1995 AUG - $ n Southold Town Zoning Board of Appeals Southold Town Hall Main Road Southold, New York 11971 RE: APPL #4317 SPECIAL EXCEPTION APPLICATION - TONYES MAIN ROAD, SOUTHOLD, NEW YORK Gentlemen: Please be advised that I have not yet received the engineer's inspection report which the Zoning Board requested on July 12, 1995. I expect to receive same shortly. Request is hereby respectfully made for an adjournmen ial exception hearing scheduled for August 9, 1995. 'Very truly , al yes APPEALS BOARD MEMBERS ~O~~gOFFO~,~~o G,y Southold Town Hall Gerard P. Goehringer, Chairman c :c 53095 Main Road Serge Doyen, Jr. ti x P.O. Box 1179 James Dinizio, Jr. O Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Ol ~O Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD September 5, 1995 Messrs. Edwin A. and Donald H. Tonyes 2155 Jockey Creek Drive Southold, NY 11971 Re: Application for Special Exception Gentlemen: This Will confirm that a final hearing will be held on Wednesday, September 13, 1995 at 8:20 p.m. The public hearing will again be held in the large assembly room of the Town, Hall Building, Main Road, Southold. Please be sure to submit the requested certified engineer's report pertaining to the building and its status, together with a list of all required modifications to comply with the building and fire codes for both a two use occupancy, and a three-use occupancy which was requested in your application. Our office has been informed that no further postponements will be granted for preparation of a certified engineer's report. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski cc: Mr. Joseph Fischetti, P.E. APPEALS BOARD MEMBERS ~o~~sUFFO(,~ ~o py Southold Town Hall Gerard P. Goehringer, Chairman o° :c 53095 Main Road Serge Doyen, Jr. CIO x P.O. Box 1179 James Dinizio, Jr. O Southold, New York 11971 Robert A. Villa y?/ O~ Fax (516) 765-1823 Lydia A. Tortora Ol ~a Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD September 5, 1995 Messrs. Edwin A. and Donald H. Tonyes 2155 Jockey Creek Drive Southold, NY 11971 Re: Application for Special Exception Gentlemen: This will confirm that a final hearing will be held on Wednesday, September 13, 1995 at 8:20 p.m. The public hearing will again be held in the large assembly room of the Town, Hall Building, Main Road, Southold. Please be sure to submit the requested certified engineer's report pertaining to the building and its status, together with a list of all required modifications to comply with the building and fire codes for both a two use occupancy, and a three-use occupancy which was requested in your application. Our office has been informed that no further postponements will be granted for preparation of a certified engineer's report. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski cc: Mr. Joseph Fischetti, P.E. 00/06/1995 09:23 7655100 SOUTHOLD AUTOMOTIVE PAGE 01 AUG-08-45 TUQ 09:05 o Yfy ' P_01 August 9, 1995 AUG _ 8 ~a5 Southold Town 7zning Board of Appeals Southold Town Hall Main Road Southold, New York 11971 RE: APPL #x4317 SPECIAL EXCEPTION APPLICATION - TONYES MAIN ROAD, SOUTHOLD, NEW YORK Gentlemen: Please be advised that I have not yet received the engineer's inspection report which the Zoning Board requested on July 12, 1995. 1 expect to receive same shortly. Request is hereby respectfully made for an adjoummen is] exception hearing scheduled for August 9, 1995. Very truly , al yes BOARD OF APPEALS: TOWN OF SOUTHOLD -----------------------------------x In the Matter of the Application of EDWIN A. TONYES, SR. and DONALD H. TONYES ------------------------------------x CONFIRMATION OF POSTING I, ~~wr~ ~~swgL~ 1iw~yrS, residing at l<"S TOL(Ce is/-e C T being duly sworn, depose and say: That on the day of June, 1995, I personally posted the property known as "55465 Main Road, Southold, NY" by placing the Town's official poster Notice on the front of the dwelling facing the Main Road where it can easily be seen, and that I have checked to be sure the poster has remained in place for at least seven days prior to the date of the public hearing of hearing noted thereon to be held July 12, 1995.) Dated: June 1995. (s' APPEALS BOARD MEMBERS ~o~~gOFfO~,~cOG Southold Town Hall Gerard P. Goehringer, Chairman c y< 53095 Main Road Serge Doyen, Jr. to x P.O. Box 1179 James Dinizio, Jr. O .F Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Ol ~a Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD July 18, 1995 Messrs. Edwin A. and Donald H. Tonyes 2155 Jockey Creek Drive Southold, NY 11971 Re: Application for Special Exception Gentlemen: This will confirm that the public hearing will reconvene at the next regular meeting of the board, to wit: August 9, 1995 at approximately 7:35 p.m. The Board has requested that you obtain a certified report from a licensed engineer or architect pertaining to building and its status, and required modifications under the current building and fire codes (for the two or three occupancies of the building proposed in your application). If you require more time, please contact us as early as possible and we will carry the hearing over to the following meeting in September. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN APPEALS BOARD MEMBERS ~~gpFFOr,~-c ht0 GGy Southold Town Hall Gerard P. Goehringer, Chairman c < 53095 Main Road Serge Doyen, Jr. cc x P.O. Box 1179 James Dinizio, Jr. O ye Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora * Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD 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 Regular Meeting of the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on WEDNESDAY, AUGUST 9 1995 commencing at the times specified below: 7:30 p.m. Appl. No. 4319 - YOSHIMASA OSATO. (Carryover from July 12, 1995). Proposed addition with reduced front yard setback at 35 Sunset Way and 3250 Cedar Beach Road, Southold. 7:35 p.m. Appl. No. 4324 - RICHARD MAUTNER. Variance under Article IIIA, Section 100-30A.3 and Article XXIII, Section 100-239.4B, based upon the disapproval action of the Building Inspector dated July 18, 1995. Applicant proposes to construct deck addition at the rear of existing dwelling which will have an insufficient side yard setback or insufficient setback from bulkhead. The subject property is nonconforming having a lot area of 16,875 sq. ft. and a lot width of 50 feet. Location: 2055 Bay Shore Road, also referred to as Lot 34 on the Map of Peconic Bay Estates, Greenport; Parcel ID #1000-53-4-12. Page 2 - Legal Notice • Regular Meeting of August 9, 1995 Southold Town Board of Appeals 7:40 p.m. Appl. No. 4325 - THOMAS McCARTHY. Variance under Article IIIA, Section 100-30A.3, based upon the disapproval action of the Building Inspector dated July 18, 1995. Applicant is requesting permission to exceed lot coverage in order to extend porch addition to a size larger than that permitted under Building Permit No. 22881 issued 7/12/95. Property Location: 375 King Street, New Suffolk, NY; Parcel ID #1000-117-07-8.3; also referred to as Lot #3 on the Minor Subdivision Map approved 6/13/94. 7:45 p.m. Appl. No. 4317 - EDWIN and DONALD TONYES. (Carryover from July 12, 1995 for continuation). Property location: 55465 Main Road, Southold. HB Zone District. 7:50 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 and further postponement from July 12th per request of attorney for applicant. Location of Property: 580 Basin Road, Southold, NY, Paradise Point Section One, Filed Map 3761-4/11/63; also known as 1000-81-1-16.7 (formerly part of 16.4). This request is based upon the March 29, 1995 action of disapproval by the Building Inspector, wherein applicants are requesting a building permit to locate a new single-family dwelling, disapproved on the following grounds: Page 3 - Legal Notice • Regular Meeting of August 9, 1995 Southold Town Board of Appeals "1. This parcel of 1.79 acres is not shown on the Map of Paradise Point, Section One, as a building lot; Section 100-281A-7. Single and separate search required back to 1957. 2. Approval required by Board of Appeals to build single-family dwelling as a second use on this 1.79-acre parcel. R-80 Zone requires 80,000 sq. ft. of land area per use (or 160,000 sq. ft.), Article III, Section 100-30A. 3. Approval is required from Board of Appeals under Article XXIII, Section 100-239.4B for location of dwelling with decks at less than 75 feet from the existing bulkhead... 7:55 p.m. RE-HEARING of Appl. No. 4128 - BREWERS YACHT YARD INC. ~M1 Based upon the July 12, 1995 Board Resolution, a rehearing is held to re-consider the use applied for by Brewer Yacht Yard at Greenport, Inc. on September 2, 1992, under Article XII, Section 100-121B(l), Special Exception #4128, for food services to its marina patrons and others. Subject premises is located in the M-II Zone District, identified as Parcel No. 1000-43-3-2. Street address: 2530 Manhanset Avenue, Greenport, NY. 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 w Page 4 - Legal Notice • Regular Meeting of August 9, 1995 Southold Town Board of Appeals you wish to review a file or need to request more information, please do not hesitate to call 765-1809 or visit our office. Dated: July 21, 1995. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski x x APPEALS BOARD MEMBERS h~0~0$UFFO(,~.coGy Southold Town Hall Gerard P. Goehringer, Chairman o :c 53095 Main Road Serge Doyen, Jr. CA x P.O. Box 1179 James Dinizio, Jr. O .g Southold, New York 11971 Robert A. Villa y?j O~ Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD July 18, 1995 Messrs. Edwin A. and Donald H. Tonyes 2155 Jockey Creek Drive Southold, NY 11971 Re: Application for Special Exception Gentlemen: This will confirm that the public hearing will reconvene at the next regular meeting of the board, to wit: August 9, 1995 at approximately 7:35 p.m. The Board has requested that you obtain a certified report from a licensed engineer or architect pertaining to building and its status, and required modifications under the current building and fire codes (for the two or three occupancies of the building proposed in your application). If you require more time, please contact us as early as possible and we will carry the hearing over to the following meeting in September. Very truly yours, GERARD P. GOEIIRINGER CHAIRMAN NUME W'__'7 PUBLIC DARING WI p an No. 4317 STATE OF NE ORK ) DARING IS HEREBY GIVEN, EDWIN m ALD TONYES X ) SS.. Pmt to [hoar on Section 267 of the Town Lion s squat Pow a Special EX Ex do Article 1X, Section 100 COUNTY OF SUFFOLK ) - Law, and the Code of the Town of 91B for permission to convert exist ^ Southold, that the following public ing. building. in this Hamlet-anal / 1~~'C ' -hearing will be held a Special (HB)ZonrDturict ftuan:aloito-. - t • li Of Matt(t11df, Meeting of the SOUTHOLD ALS TOWN mswlfiple~fi BOARD g: oralar~, OR APP -APPEALS, at the dwelling mtively two-family dwelling with In said County, being duly sworn, says that be/she is Southold Town Hall, 53095 Main retail store. The subjax lot with exist- Principal Clerk of THE SUFFOLK TIMES, a Weekly Road. Southold. New York 31971, on ing house contains a total area of . WEDNESDAY, JULY 12, 1995, 10,615 sq. it and is identified in 1000- Newspaper, published at Mattitucic, in the Town of ' caommiting arthe dm.:specified be- 62-1-14. The applianta also have an - low.. keenest in an Southold, County of Suffolk and State of New York, - adjoining tat id"fud as 7:30 p.m.-Appl No. 4316 - OS- 1000.62-1-13 eamtrdni app;6iim and that the Notice of which the annexed is a CAR and BETH BLEMS. This isa ly 10,500 sq. it in area which is being Anted copy, Variance based upon. the May. 11, offered in. this project to increase the printed has been regularly Published in said 1995 Notice 'of"Disapproval issued by available land stress. Bah Iota sre loco- Newspaper once each week for J_ weeks the Building I mpsetor for permission ed on die north side of the Main Road; to relocate dwelling and sense addi- Southold and are is the HE Zone sac vely, commegcIn on the day of than which will. have. insufficient IWO DiadcL and side yard -sabacro. Article H[A,~ 5:00 p.m. Appl.i No 4322.- Seerios; 100 30A:3' Location 0 WILLIAM GORDON Variarsel Property. 640_Haywatem Drive (aril beset upon the May-24. 1995 Nonce Manors Driye),Cutchogue N:' :bf Disapproval of the Building -in-I f sL ~f w'r ,ate 'County Tax Map Parcel No 1000- spxmtri where appiuaot bi requeapog, CHFUrf to VWNW Sf x ! i L tog W3.7ma 3_yRrlakr~ permission to consumer garage and ~y Frift ~ Of Now York ' 7:35,P as )Ij+ . 7'43t9 deck adipons whi&wifi have inwb NO, 5004111114 Principal Clerk YOSIIDdAS PThia ra'n - fides[ frouryadtetb4da.ReN Ardclel aunwiut in sufta CGWW Variance based spmrtha Mar is,Gl fEA: Section tooa(OL taeatiaaof _ I GBIBYBSIm NWa kaflllk ILI((J iaeed h!'" Pmpett)1. 11038 25,, R{padwaaeR Road) r I J , thclloiiro r v Cot0,sec t: Cooetyti''mMR' to onnsttnetan iddRton to dweiHn' _1000. Section lOS Bkdt4 i-~ wideh„sjill.have an insufficient front gaps pin: App[ No. 4320 yard setback -at.35 Sunset Way and A& g,,w ppp~i.Q;g.D). EAST Notary Public 3250 Cedar Beach Road: Southold:. grp4D,DEVEtpp61II4T. CORD` ZoneDherict R-4O: - _ dreatr mC&New, 'p!oPettY -7:40. p.m- Appt No 4318 on IC(n Street between Third`sn w0 before me, this MNRrRUTKOWSKI This. is a Second Streets, New Suffolk. N.Y $ Variance based open the Notice of identified as, 1000.117.8.6. tequarng 19~ OVo Disapproval isued,tiythe Building approval of one of the Polbwvrsg, hvo d8y O - Impect r dated May 31, 1995 for per- -ga5 p:m: Appeal o. mission to Consumer an addition which -PROPO.gAI.} s f JAMS AND BABBARA'MQI.ER• V TA4 CantraeC Yendeaal:'(t3wners/Sellea: will have insufficient reacyard setback :..A. Special Exceptos. Amcle ° and which places accessory gamss in a Seenios.10030A.2,: fa pemtssion Friadise of Southold, lac: end Othen). side yard, Article IIIA, Section 100- bgati pcassory-Aputtnent use ' Contihmtion of bearing carried ova 30A3 and Section 100-30A.4 (ref. cetrtrjuapsn with principal singlyfun from luxe 7, 1995 Location-oF 10033). Location of properly: 18275 fly use as'provided by Article IIIproperty; 580 Basin Road. Southold, -Main Rm4"Mattituck. N.Y.; County Section 100316(13). - N.Y:, Paradise Point Section.One, T,u,Map Parcel No. 1000.115-2-11.. B. Variance under Article BL Filed Map 3761. filed 4/11/63; also -7aime District: R-40. lion 10031 11(13s) for permisien known as 1000-81-1-167 (fo="IY . 7:45 p.m.-Appl.-No: `4321 = utilize existing floor area for d Ae put of ]6.4). ~ - will at said PRANK PALUMBO, as Cantmet ceasory Aparwent at aratio of a The. Board of Appeals Vendee (Owner. Comte of Suffolkl proximately 50-50% (instead of 40= time and pint hear any and all Per- Mary Murphy). This. is a: Variance - 60%) as fivabk floor area. , sour or representatives desiring to be based upon the June 15,1995 Notice OR, Proposal D, as follows 1 heard in. the above matter. Written of Disppcovd issued by the Building - C. -Special Exception, Article III: comments may also be submitted inspect". for permission to construct Section 100318-1 for approval. of a before or during this hearing- you dwelling with an insufficient front two-family. dwelling _a and related ac- wish to review the file orneed to ~ yard setback and within 100 feet of the casory uses in an existing "forme quest momkdonmum Pee t Long Island Sound bluff or bank- Also supermuke[" building. hesitate in call 765-1809 or visit OUT requested is a Variance under New ; D. Variance under Articlt IX, office. r - - York Town Law. Section 280-A for 1 Section 100.92--(Bulk Lot Size Diaed: June 26. 1995 minimum improvements for access by Schedule) for approval of lot area in BY ORDER OF THE SOUTHOID fire vehicles over a Private right-of- I exists of 21,430 sq. ft for two-family TOWN BOARD OF APPEALS way or Easement Atha: Commeacin6' use in this HE Zone District. G1UtARD P_CAEHRING at a point along the north-side of - CHAUtMAN Kowalski Oregon (toad. Cutchogue, along- the By Linda l westerly side of lads of Bolden, over 9400-1 u29 lends now or formerly Baxter and oth- ers identified as Lot 1.9,. Block 1. Section 72; thence extending northerly approximately 1035 feet m.a..point, thence running in an easterly direction approximately. 375 feet to the appli ant's parcel of land identified as 33, Block 2, Section 73, District 1000 all as, shown by survey dated June 7 1995 prepared for Frank and Louis Palumbo. APPEALS BOARD MEMBERS ~o~0$UFFO~,~CO ti Gy Southold Town Hall Gerard P. Goehringer, Chairman o 53095 Main Road Serge Doyen, Jr. co x 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 June 28, 1995 Edwin and Donald Tonyes 2155 Jocky Creek Drive Southold, NY 11971 Re: Appeal No. 4317 - Special Exception Request Gentlemen: Please find enclosed a copy of the Legal Notice as published by our office. One or both of the owners should attend the public hearing at the time specified 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 Main Road 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, Linda Kowalski Enclosures NOTICE OF HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held by the SOUT HOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York, concerning this property. OWNER(S) OF RECORD: bV) IN + bbmALh ON DATE OF PUBLIC HEARING: WE b mw~ L 11 %qq 5 0 a 3- U *07 *P 50 314 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 STATE OF NEW YORK) • ) SS: G ' ; N COUNTY OF SUFFOLK ) PUBLICULARING ~rs'hnG.t~J2ber Of Mattltuck Law and NOT= the IS Code HERESY, GIVEN,' vamraot to section 267 er the Town In said iCOnnty, being duly sworn, says that he/she 18 the Town"of hearins,wihet tfili of e nbirfng'pub8 Principal Clerk of THE SUFFOLK TIMES, a Weekly he edng,ofri bsour era Regular '7:50 p:m."Appeal "Nat. 4314 - Newspaper, published at Mattltuck, in the Town of Meeting of the SOUTHOLD TOWN JAMS acid BARBARA MILLER, BOARD OF4,APPB`ATL at.'the Southold, County of Suffolk and State of New York, Southol~;Towg liA~pl) P095~ Ma Coaaaea Vetrdera-(Owncrs/Sellert•. Rod. Sorel4 New Yok l1971, on paradise of Southold. lnc,: nd Om- and that the Notice of which the annexed Is a WRDNxSDAYR~EUGUST 9,1995 eID)• continuation of treatingcarried tinted copy, has been regularly published to said commencng a`t~j i ic& specified overfmm" Imtle T. 1995 and further P PY+ bckm; postponement_frous Jnly 12th per Newspaper once each week for L weeks request of attorney for applicant. 7.30 p m^ Appf No. 4319 el COUnn ; y, CIE; on the dQ1 day of YOSHIMASA.OSATOr(Carryover ll oesrioo ofPtoperw Sao Basin Road. sHCC JWy F2<1995 addi- ISoutlnofd. NY, Peradbe from Ptoq»ed`. dmlv_iWeedaedJypnt~iodyset6ackar One, Frled'Mag376t-4/F'f.:also 35 Surma Way aod325%Ceder Beach known ar 1000=lit-1 16-I~formerly Tm5 cequat rat dared k z•:x! Puff of 16J4- Read, Southold. -A 4*1 7:35 pm APp.L Noy 4324 - upon the March 29,,1995 action of / • L.~)P,~r RICHAR&, AI r~Yarianc dlsaPPOt'ul Bnrldt°g Impactor, I CHRISTINA VOLINSKI l A Ills 1~ ArddmpA ere requndul a I Ntltsry Public, State of New Yor% uda 31 wheels APP and Anti'"Sdetfoo t00' bulldiuBP lto locate anew amok; No 5U(74$134 poo IKeydl jr farnHdweRing, disapproved on Ny Qualified to Suffolk Court Principal Clerk 239.46 baud sapp[wa~ es November 23, t dkaog inBo Commission action of the B lmpecmrdale~ wioggrouuds:., July 18'1993- A addition then rear at l-Tl~ parccl;of 179 acre is not construct deck additionmt tltreatr at shuwn on the Map of Paadise Poin4 existing dweI1haS evbichwill haw an Section One. ass buildias lot-.' n mmfflciem aide yard setMcltcr bard 100-281A-7. Single and separate ficientwtbackffrombulkheaut The marchmilu'red Notary Public backro 1957_ - subject property .r3.nonconforming. 2. Approval required by Board of having ads area of 16.975 sq. R and Appeals to. build- single-family a W width of 501ba. LecWon: 2055 dwelling es a second use on this 1.79- Sworn fore a this Bay Shore Rru itpalaomdrrmA toss) acre parcel.. R-80 Zone requires Lot 34 on the Map:o( Pewnle Bay, 80,000.sq. R of )and arcs per ute (Or day O 19 '~4 Esarm Greenport: Parcel M3 N1o00 160.000 sq.. ft.). Article III. Section 534-12 1 10030A. 7:40 p.m. Appl. No.4325?-I - 3. Approval u;equired fiom Board THOMAS. McCARTHY. VarLnee of Appeals under Article )DmI, See under Article MA, Section Ioo flow 1011-239.413 for Location pt 30A.3, based upon -the disapprov dwelling with decks at leas than 75 action Of the.BaiWog impactor dared fees fion4he existing bnahed.:"..: July 1& 1995. Applicant I, mques 7:55-0:m. RB•iItIARBda.of Apply 'I Permission to -coed lot covemp in No: 4129= BREWERS YACHT Order to extend porch addition to aj YARD; INC.-Based upon i. July Size larger than that Permitted under 1995 Bond Resolution, a irJneanmg is'; Building Permit No, 22881, issued! held to re-consider the use applied for 7/12/95. Pmperry.Locdon: 375- IGng! by Brewer Yacht Yard at Greenport, Street, New Suffolk. NY: Parcel ID Inc on September 2-1992. under 01000.117-07-83; abo reamed m arl Article ~Jllt'Sectfon 100-121B(1). Lo 03 0o the Minor Subdivision Map Specml Exception #4128, *fluod tier- approved 611394. - " Voss to its mama Pahem and critter. 7:45 P.m. Appl. No. 4317 - Subjetpremisa'{a located in the M-B EDWIN and DONALD TONYPS. Zone INanict:identiRd as Parcel No. I (Carryover from July-12, 1995 for 1000-43-3-L:Stmet address: 2530 continuation). Property location: , Moshm" Avenue; Orempo6 NY. 55465 Main Road. Southold. He ! The Board of Appeals will at said Zone District. time and place hear any and all pe- am or representatives deamng ro be heard in the above mama. Written comments may also be submitted before or during rids hearing. If you wish to review a file or need to re. quest more information. please do not hesitate to call 765-ISM or visit om office. I Dated: July 21, 1995. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS rsno son 0 rtG1111RINGER. APPEALS BOARD MEMBERS gyFF01/ c ~Gy Southold Town Hall Gerard P. Goehringer, Chairman c 53095 Main Road Serge Doyen, Jr. ti ze P.O. Box 1179 James Dinizio, Jr. G Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD 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 BETH BLEVINS. This is a Variance based upon the May 11, 1995 Notice of Disapproval issued by the Building Inspector for permission to relocate dwelling and garage addition which will have insufficient front and side yard setbacks, Article NIA, 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. Appl. No. 4319 - YOSHIMASA OSATO. This is a Variance based upon the May 18, 1995 Notice of Disapproval issued by the Building Inspector for permission to construct an addition to dwelling which will have an insufficient front yard setback at 35 Sunset Way and 3250 Cedar Beach Road, Southold. Zone District: R-40. Page 2 - Legal Notice • 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 (ref. 100-33). Location of Property: 18275 Main Road, Mattituck, NY; County Tax Map Parcel No. 1000-115-2-11. Zone District: R-40. 7:45 p.m. Appl. No. 4321 - FRANK PALUMBO, as Contract Vendee (Owner: County of Suffolk/Mary Murphy) This 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 Lot 1.9, Block 1, Section 72, thence extending northerly approximately 1035 feet to a point, thence running in an easterly direction approximately 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 dated June 7, 1995 prepared for Frank and Louise Palumbo. Page 3 -Legal No Regular Meeting of July 12, 1995 Southold Town Board of Appeals 7:50 p.m. Appl. No. 4317 - EDWIN and DONALD TONYES. This is a request for a Special Exception under Article IX, Section 100-91B, 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. No. 4322 - WILLIAM GORDON. Variance based upon the May 24, 1995 Notice of Disapproval of the Building Inspector where applicant is requesting permission to construct garage and deck additions which will have insufficient front yard setbacks. Ref: Article IIIA, Section 100-30A.3. Location of Property: 1030 Broadwaters Road, Cutchogue; County Tax Map District 1000, Section 104, Block 9, Lot 1. 8:05 p.m. Appl. No. 4320 (Proposal A & B, or Proposal C & D). 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 approval of one of the following two proposals: Page 4 -Legal Note Regular Meeting of July 12, 1995 Southold Town Board of Appeals 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). 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 100-31B-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 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 1000-81-1-16.7 (formerly part of 16.4). Page 5 - Legal No&* 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 A 1r N i ~r-F S'PAiE OF NEW YORK NOTICE ~ 7 J low the ~no Tab~~hd 8 COUNTY OF SUFFOIIC Watts ~e I 1 AwIk Mk .Iml eh8e 1` MIA RA, WC1L J0 dJ0119)I'ShheeOUM%DTo%N BOIARD mef v, of Mattituck, 000 B61lY~ Male are. In said County, being duly mom, says that he/she Is 4AS PKIR B~sl5n97L M WEDt4 gpeo T. Principal Clerk of THE SUFFOLK TIMES, a Weekly 1. MR tpMReeil iy liggs r6samu Newspaper, published at Mattltuck, In the Town of Southold, County of Suffolk and State of New York, D 1. 7:32 Em, ApId 14 4371 _ us ddlp4dgU "und"~ RE AIR, vsum' and that the Notice of which the annexed Is a VM 1, 1995 Nude, Anted co h puny DbWP mm Wad b P py, as been regularly published In said 9'(A)'i [t am '6-9 i1tlPaa0°dadtezosing Drdi llr ce~ Newspaper once each week for weeks )UI Articles XXIV, etlorl IOD din 10o.zuA, and X%111,. salon jot, s cess Yely, Commppe_Ing on the day of soap ep Aar2394a )plfore2;ypyMlklaR~b- l ZSE-oom rcrtme e~lliul alNiaaoiu 'd H OIInP 017 Jim noauml'o minf Plmmwlhouanj n~~ t. nod wil 'IX stoo i R me(lt). uW in come, deck t • I Mj lllr~.~ mvillolinl dem.ckele a~~de.la6ng WllAns I uomf OJ Lffmck (*M-75 hadaulks CHRISTINA VOUNSKI loemimi or Property: m72 Vlllega. I Noutry Public, State of New York Principal Clerk 1x'21-j 2 I ' ( I I - No. 6004884 2. 7:ROBERTM m- Appl 1) 43E~7~ 1~ t rol6r, ltd in Suffolk Courtry und pTppBe 1 Cpmmiseiori Enpiras November Y3, 1u.a~q ~°m bucd thyme dr JaIY 31 1991 11 I.I IR Building Inc 0.ke ie \ Notary Public ~eon 1 buuebs pemd~i m o-;,0 A III \ 1 11 .4. C Naive odors in m mgi YW art. other thin the rev TM on . nub), Swum to before me this lY arlkkan alesof n 200400 ~ a 60 day of 1 IK/ ll~E/ 19~ Lane. 7:4 - .11,11C . or Pmprry: 31m Dap Hok. Ddm Maltimdt, NY; P1 Nu: IOMW IS-17-14. 6. 7:55 Pali Appl.-No. 432 - CHRISTOPHER MAUCERI. vri.ae sued -Pon the July '24. 1993 Noun of Diuppror.l /mm. the Building Impeeor, Adele XVIII. SM100 IlIOIBICp) fa pumiukm in common. abgk-funily dwelling with 1--Nki- fmu yard subarh to thk chit- el-mlopmml. `Lewd. of Pr°RNY:: 1415 9,-M n Dtim. Curhosue, NY; Cotomy The My Pucel No. 102-14.4. -7. 8:00 p.m APpI. No. 4332 - ARTHUR RAF. wduae bred UP" the Angst - 6, 1995 Nefift of Dinppmval Form the Building Iropmmc,Artek IIIA., Sttia. lOO 30A.4 001. 10O33L7 impurminkou countermen Oamyd W I ume~srmqm en wat rrno Put our Met mdueed rlb.ck. Lmgm d ProPUty: :1020'Slroluen send. CatehogmC NY; Pucel NO: m0o103- W25. : ..8. 1103 P.M. APpI. 4334 MATE OF CLOTILDA 0I2VER. Vied ~ W. it. Actual it, 1995 Norm Dimnorm form the g inaMa, Ankle XXIV, - SmiceI0024I far pouniesim, to m- du6RlElkhomdormin mu~l'mlep iue`k 1h7.~.T-~1_~7nM'MbM1 W. Pmpary 64335 Man-'Red, G--PM NY; Awed No, IOOO564- .2L,: "j. -i 9. ' -10 P. AppL Ne, 4333' - OENEVQVE STAI.EV~):aad raven 'P~ u rWLU8fa0. ,COalran hued .upon'.1he Anbwt 16: 1995 Nake ar Dbappruval 'fm,n roe Building Iropemor, Antele XXBI. Salon 100239.4A(n for Pe- eniuia m om., • nen da ilin, bua MIMP'Whudertbeupori ebhrBa - ;'of,` they l.okj"ItliM,":Soiled. Ld, wS ; 0I`,Prtrpedr'3200 Sound Ddvou WK NY; Pool No.' 1000 .'16.!91 'pm APPL-No. 4335 - BELENE BULOARIS and 8VZANNE FONDU.LER. Vriaa tuned -Pne mr, Augat 9, 1995 Nake of Diuppmvel Rome the Building ImPato4 AMek ILIA, Section IM 30A4 fa Pmmiulon in sound hued its pmmN for tle mmoocdw oru u- bat ingrmew tMmmingpal ne u - E71573" tormentor, b ea omen mgWmd rer Yard (Imtmd of ched naniwte):'Looada of _.Copme KWd. d,, MmimeL 05-17 a I8:17; P. rtel No. 100°106 11. 8:m p.m... _ LNo. 4317 - ~~0an D&O 1) ONYES fine, lure 35465 , SoPmpenyme NB zaa ER'IsUri 1. it. Bard'al'Appub MO r uiE doom oed Pita her noy a d dlpeeeae a mPmr,mWmt entities ro be hue b the whom matter.. Wtimm eormenm myab. 4 orbnmed before or during . orb keying. U You Msh 1° mvk, a file or need to request mom inroone- den, Pit- de, our hesium to call 765- 2809 or vbll our oRa. Dekd: Sepember I, 1995. BY ORDER OF THE SOVIHOLD TOWN BOARD OF APPEALS OERARD P. OOEHRMUER CHAIRMAN BY 8461-1137 Or&Kowd,v, ~~g~FFOIK~oG APPEALS BOARD MEMBERS y0 y~ o Southold Town Hall Gerard P. Goehringer, Chairman °H 53095 Main Road Serge Doyen, Jr. W_ P.O. Box 1179 James Dinizio, Jr. Southold, New York 11971 Robert A. Villa ~l > Fax (516) 765-1823 Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SEQRA UNLISTED ACTION DECLARATION June 8, 1995 Appeal No. 4317SE Project Name: Edwin and Donald Tonyes County Tax Map No. 1000- 62-1-14 Location of Project: N/S Main Road, Southold, NY Relief Requested/Jurisdiction Before This Board in this Project: Convert existing building in this HB Zone from single-family dwelling to multiple-dwelling or alternatively two-family dwelling with retail store This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should the project be implemented as planned, and: { } this Board wishes to assume Lead Agency status and urges coordinated written comments by your agency to be submitted with the next 20 days. {X } this Board has taken jurisdiction as Lead Agency, has deemed this Board of Appeals application to be an Unlisted SEQRA Action, and has declared a Negative Declaration for the following reasons: a. An Environmental Assessment has been submitted and evaluated, and/or b. An inspection of the property has been made, or c. Sufficient information has been furnished in the record to evaluate any possible adverse affect of this project as filed, and/or d. This application does not directly relate to new construction or on-site improvements. { } this Board refers lead agency status to your agency since the Board of Appeals does not feel its scope of jurisdiction is as broad as the Planning Board concerning site changes and elements under the site plan reviews. The area of jurisdiction by the Board of Appeals is not directly related to.site improvements or new buildings. (However, if you do not wish to assume lead agency status within 15 days of this letter, we will assume you have 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, Southold, NY 11971 at (516) 765-1809. me ~~gpfFO(,~~o APPEALS BOARD MEMBERS Southold Town Hall Gerard P. Goehringer, Chairman 53095 Main Road Serge Doyen, Jr. W~ P.O. Box 1179 James Dinizio, Jr. Southold, New York 11971 Robert A. Villa ~l Fax (516) 765-1823 Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SEQRA UNLISTED ACTION DECLARATION June 8, 1995 Appeal No. 4317SE Project Name: Edwin and Donald Tonyes County Tax Map No. 1000- 62-1-14 Location of Project: N/S Main Road, Southold, NY Relief Requested/Jurisdiction Before This Board in this Project: Convert existing building in this H8 Zone from single-family dwelling to multiple-dwelling or alternatively two-family dwelling with retail store This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should the project be implemented as planned, and: { } this Board wishes to assume Lead Agency status and urges coordinated written comments by your agency to be submitted with the next 20 days. {X } this Board has taken jurisdiction as Lead Agency, has deemed this Board of Appeals application to be an Unlisted SEQRA Action, and has declared a Negative Declaration for the following reasons: a. An Environmental Assessment has been submitted and evaluated, and/or b. An inspection of the property has been made, or c. Sufficient information has been furnished in the record to evaluate any possible adverse affect of this project as filed, and/or d. This application does not directly relate to new construction or on-site improvements. { } this Board refers lead agency status to your agency since the Board of Appeals does not feel its scope of jurisdiction is as broad as the Planning Board concerning site changes and elements under the site plan reviews. The area of jurisdiction by the Board of Appeals is not directly related to site improvements or new buildings. (However, if you do not wish to assume lead agency status within 15 days of this letter, we will assume you have 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, Southold, NY 11971 at (516) 765-1809. me APPEALS BOARD MEMBERS ~o~~S11FF0(~ co Gy Southold Town Hall Gerard P. Goehringer, Chairman o° 'c 53095 Main Road Serge Doyen, Jr. y x " P.O. Box 1179 James Dinizio, Jr. Oy Southold, New York 11971 Robert A. Villa ~IJ O ,p Fax (516) 765-1823 Lydia A. Tortora ~a y Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD July 19, 1995 Mr. Wesley Bednosky, Jr. P. 0. Box 293 Southold, NY 11971-0293 Re: Application of Edwin and Donald Tonyes Property Location: 55465 Main Road, Southold Dear Mr. Bednosky: As requested by you today, we are enclosing copies of the neighbor notice form and maps, as well as a copy of the application explaining the use being requested by Edwin and Donald Tonyes. You indicated that you received an environmental assessment form when the applicants mailed certified notice to you, instead of the proper neighbor notice form. The hearing as you know was held on July 12, 1995, and is postponed in order that the Tonyes building may be reviewed by the owner's engineer or architect and certify the changes which will be necessary to be occupied legally by two or three rentals. The hearing at the earliest would reconvene on August 9, 1995. You may, of course, attend the hearing on August 9, 1995 for updates, or call a few days before to confirm the exact time of the hearing which is expected to be about 7:40 p.m. in the Town Hall. Please feel free to stop by the office at any time to also review the file and for updates. Very truly yours, Linda Kowalski Enclosures ~OgpFFO(~~o • JUDITH T. TERRY Town Hall, 53095 Main Road TOWN CLERK y x P.O. Box 1179 Southold, New York 11971 REGISTRAR OF VITAL STATISTICS Fax (516) 765-1823 MARRIAGE Telephone (616) 76'x1800 RECORDS MANAGEM NT 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. 4317 DATE: JUNE 8, 1995 Transmitted is application for a special exception submitted by EDWIN A. TONYES, SR. E DONALD H. TONYES together with Notice to Adjacent Property Owners; Zoning Board of Appeals questionnaire; and other relevant documents. / Judith T. Terry Southold Town Clerk JUN - a EDWIN A. TONYES, SR. ` - DONALD H. TONYES 2155 Jockey Creek Drive Southold, New York 11971 (516) 765-2986 June 8, 1995 Southold Town Zoning Board of Appeals Southold Town Hall Main Road Southold, New York 11971 RE: APPLICATION FOR SPECIAL EXCEPTION SCTM 1000 - 062 - 01 - 014 Gentlemen: W On June 7, 1995 an application for special exception was submitted to your office 1 requesting a change from a one-family dwelling to a two-family dwelling with a retaile-PLrx A store in an HB Zone. While same is preferable, a three-family dwellin would also be acceptable. Plan (j If you have any questions, please do not hesitate t ontact e. ry 1 s, E A. nyes, Sr. Do ald H. s n ~t~ TOWN OF SOUTHOLD, NEW YORK •;'r APPLICATION FOR SPECIAL EXCEPTION Application No. Date Filed: TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK: Edwin A. Tonyes, Sr. and 2155 Jockey Creek Dr., Southold I (We), Donald H_ Tnnyeg of esl ence, ouse t ' Y (516) 765-2986 and (516) 477-8636 (Hamlet, State, Zip Code, Telephone Number) hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE, ARTICLE IX SECTION 100-91 , SUBSECTION B2 ARTICLE XXCIII SECTION 100-281 for the below-described property for the following uses and purposes (and as shown on the attached plan drawn to scale): 55465 Main Road, Southold, New York SCTM 1000-062-1-14 A. Statement of Ownership and Interest. Edwin A. Tonyes Sr. & Donald H. Ton es is(are) the owner(s) of property known an referred to as - ,4 119?1 ouse o., ee a identified on the Suffolk County Tax Maps as District 1000, Section 062 , oc O1 , Lot(s) 014 which is not AW on a subdivision Map (Filed "Map of " Filed Map No. , and has been approved by the Southold Town Planning Board on as a [Minor] [Major] Subdivision). The above-described property was acquired by the owner on July 10, 1987 B. The applicant alleges that the approval of this exception would be in harmony with the intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefor in said ordinance and would not be detrimental to property or persons in the neighborhood for the following reasons: The building on the subject premises substantially conforms to those in the neighboring area. The dwelling is serviced by a private driveway and adequate parking facilities will be provided to the tenants. The premises are located in an area which is substantially commercial, therefore, a residential neighborhood is not being affected. C. The property which is the subject of this application is zoned HB-Business and [ ] i.s.consistent with the use(s) describe he Certificate of Occupancy being furnished herewith. L X] is not consistent with the Certificate Orcup ncy b f ' hed herewith for the following reason(s) Applicati h n a e building department for ai~1-i-WO family d i g [ ] is vacant land. COUNTY OF SUFFOLK) STATE OF NEW YORK) ss.: gna ure Sworn to before me this day of u 19 95. o ary u l c WMA.PaJWODA " Pubk Stale o1Nar York Z62 (rev. 2/6/86) OLdwiin bkcburdy BOARD OF APPEALS. TOWN OF SOUTHOLD In the Matter or the Petition of Edwin A. TonyRA, Sr ana NOTICE 9 1 gg TO to the Board of AtipeafsnoMe Town of Southold ADJACENT TO: Wesley Bednosky, Jr. PROPERTY OWNER Andreas E. Markakis Walter and Lenore Adamson r 1 (YOU ARE HEREBY GIVEN NOTICE: v 1. That it is the signed to petition the Board of Appeals of the Town of Southold to request a(Variance Special Exception pecialPermit) (Other) [circle choice] 2. That.the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follo*s: 55465 Main Road, Snnfhnld, Npw Ynrk SCTM 1000-062-1-14 3. That the property which is the subject of such Petition is located in the following zoning district: HB Business 4. That by such Petition, the undersigned will request the following relief: Change a one-family residence to multiple dwelling with retail store 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article IX Section 1 00-91 Suhaprf i nn R9 [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, 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) 7f 5-1809. 7. That before 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 publish leadays pri o the date of such hearing in the Suffolk Times and in the Long Island Traveler attitu man, wspa rs published in the Town of Southold and designated for the publication of su h notices; tqhHu r our r r entative have the right to appear and be heard at such hearing. Dated: June 1995 Petitioner Owners'Names: Edwin A. Tonyes, Sr. Post O 'ce ddress 215 Joc Cree r. 11-ou t, h @11 41" go' and Donald H. Tonyes 514 Flint Street Greenport, NY .17944 , i PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL R CEIPTS NAME ADDRESS Wesley Bednosky, Jr. 340 Soundview Avenue Peconic, NY 11958 Andreas E. Markakis 1575 Founders Path Southold, NY 11971 Walter & Lenore Adamson P.O. Box 1529 Southold, NY 11971 ~ t i ' r STATE OF NEW YORK) ss.: CO~UN~TY~ OF SUFFOLK) ~s lsbltn tt . nn,4gs, t -:T( residing at(oon fn(NST ~'~QE>Cr C= PWlp1' C KN\A- 11(31LA~A being duly sworn, deposes and says that on the of rt n2. , 19CIF_2~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 4A"O C l \{SZ ; Qt~,_ Q that said Notices were, fled to each of s A' persons by (certified)-;:egi&t&&@A) mail. Sworn to before me this day of -_SV11E. 190tF, Nota Public M R BIB3M No018154W551 CommMw EvftJ "31.19,E ki (This side does not have to be completed on form transmitted to adjoining property owners.) aTBJ i:...j II PROJECT I.D. NUMBER II NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSE RVATION . DIVISION OF REGULATORY AFFAIRS F"A 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. Appllcanusponsor Edwin A. Tonyes, Sr. 2. Project Name and Donald H. Tonyes 3. Project location: Municipality Southold County SUffolk 4. Is proposed action: ? New ? Expansion 12 Modificationtalteration 5. Describe project briefly: Change a one-family residence to a multiple family residence with retail store. 6. Precne location (road intersections, prominent landmarks, etc. or provide map) 55465 Main Road, Southold, New York SCTM 1000-62-1-14 7. Amount of land affected: Ina~aRV - 2 S acres ultimately - 7 acres It. Will proposed acton comply with existing zoning or other existing land use restrictions? Yes ? No If No, describe briefly 9. Whit is present land use in vicinity of projec~t-?-I ? Residential ? Industrial 1"I Commercial ? Agriculture ? Parklandlopen space ? Other Describe: Property is located on the Main Road and is surrounded by retail establishments and/or professional offices 10. Does action involve 1a,JSpermitlapproval, or funding, now or ultimately, from any other governmental agency (Federal, state or local)? ? Yes 4. No it yes, list agency(s) and permitfapprovals 11. Does any aspectf of the action have a currently valid permit or approvall ? Yes fZ No it yes, list agency name and permitlapproval type 12. As result of proposed action will exuting perrinjapproval require modification? ? yes I CE Illy THAT THE INFORMATION PROVIDED ABOVE 15 T UE TO THE BES OF OWL E AppLC ant/sppnsor ame: Ed es, Sr. and Ond T es Jle: 1 Signature: 1 It the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment 0:.. QUESTICNNAIRE 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 he attached.) Edwin A. Tonves, Sr -fee interest Donald H. Tonves-fee interest North Fork Bank-first mortclaaee B. Is the subject premises listea on the real estate marxet ror - sale or being shown to prospective buyers? { } Yes ( x} No. (If Yes. Please artnnh =py of "conditi.nns" of sale.) C. Are there any proposals to change yr alter land cantcurs? { } Yes { x} No D. 1. Are there any areas which contain wetland grasses? no 2. Are the wetland areas shown on the map submitted with this application? 3. Is the property bulMeaaed between the wetlands area and the upland building area? ~ 4. If your property contains wetlands or You contacted the Office of the Town Trusteesefor itse determination of jurisdiction? 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 fencrs which exist and are not shown an the survey map that you are submitting? no If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? no If of your building yes, please a Builds copy Department. If and map as approved by the Building f none, please state. H. Do you or any co-owner also own other land close to this parcel? yes If yes, please explain where or submit copies of ee SCTM 1000-62-1-13 (vacant lot approx' tely .25 acres) I. leas list present use or operations c parc ne-famil residence ucted t t propo d s ul le famil residence i re a n re Author ed gnature an Dat~ 3/87, 10/901k The N.Y.S. Environmental Quality Review Act requires submission of this form, and an environmental review will Le made Ly this hoard . before any action is taken. SHORT ENVIRONMENTAL ASSESSMENT FORM 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 and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any 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 Assessment 1. Will project result in a large physical change to the project site or physically'alter more than 10 acres of land? Yes _ NO 2. Will there be a major change to any unique or unusual land form on the site? _Yes I NO 3. Will project alter or have a large effect on~ an existing body of water? _Yes No 4. Will project have a potentially large impact on groundwater quality? _Yes /No 5. Will project significantly effect drainage flow on adjacent sites? _Yes ~-No 6. Will project affect any threatened or endangered plant or animal species? _Yes 'N, 7. Will project result in a major adverse effect on 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 No 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical environmental area by a local agency? eyes No 10. Will project have a major effect on existing or// future recreational opportunities? _Yes /future - - 11. Will project result in major traffic problems or cause a major effect to existing transportation systems? __Yes - No 12. Will project regularly cause objectionable odors, _ noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? Yes No 13. Will project have any impact on public health or safety? _Yes ~No 14. Will project affect the existing community by directly c ing a growth in permanent popula- tion o are t an 5 percent over a one-year peri or have major n ive effect on the -Yes ~No char cter of th commun t t y r neighborhood? / 15. Is t ere public o ro nce g the / proje t. VVV _Yes No Preparer's Signatu Representing; - ZHA 9,/-75 Date: 14%A (2187)-Text 12 ' PROJECT I.D. NUMBER 617.21 SEOR Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART 1-PROJECT INFORMATION (To be completed by Applicant Or Project sponsor) 1. APPLICANT /SPONSOR 2. PROJECT NAME 3. PROJECT LOCATION: Municipality county a. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) 5. IS PROPOSED ACTION: ? New ? Expansion ? Modificationlalteration 6. DESCRIBE PROJECT BRIEFLY: 7. AMOUNT OF LAND AFFECTED:. Initially acres Ultimately acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ? Yes ? No If No. describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? - ? Residential ? Industrial ? commercial ? Agriculture ? ParldForesUOpen space ? Other Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL STATE OR LOCAL)? ? Yes ? No If yes, list agency(s) and permiVapprovals 11. DOES ANY ASPECT OF THE AOTI.;.N HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ? Yea ? Nr If yep, list agency name and permit/approval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMITIAPPROVAL REQUIRE MODIFICATION? ? Yes ? No 1 CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: Date: Signature: If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER .(Continued on reverse side) TOWN OF SOUTIIOLD OFFICE OF BUILDING INSPECTOR TOWN FLALL SOUTHOLD, NEW YORK CERTIFICATE OF OCCUPANCY NONCONFORMING PREMISES THIS IS TO CERTIFY that the / Land Pre C.O. Z13809 / Building(s) Date- August 31 , 19815 / Use(s) located at 55465 MAIN ROAD SOUTHOLD Street Hamlet shown on County tax map as District 1000, Section 062 , Block 01 , Lot 014 doesf,,not)conform to the present Building Zone Code of the Town of Southold for the following reasons: Insufficient total area. Insufficient side yard setback on accessory garage. Insufficient side yard setback on accessory shed. Insufficient front Yard & sideyard setback on residence. On the basis of information presented to the Building Inspector's Office, it has been determined that the above nonconforming /Xy/ Land tX/ 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 one story, one family, wood framed dwelling with an accessory shed; an accessory garage; and fenc'- ing. Property situated in the B-1 general business zone with access to Main Road* a state maintained state maintained highway. The Certificate is issued to SALVATORE CATANZARO (owner, 1X:M)e1eX0(tlCJaaa=) of the aforesaid building. Suffolk County Department of Health Approval N/A UNDERWRITERS CERTIFICATE NO. N/A NOTICE IS HEREBY GIVEN that the owner of the above premises HAS NOT CONSENTED TO AN INSPECTION of the premises by the Building Inspec- tor to determine if the premises comply with all applicable codes and ordin- ances, other than the Building Zone Code, and therefore, no such inspection has been conducted. This Certificate, therefore, does not, and is not intended to certify that the premises comply with all other applicable codes and regula- tions. L PiC--- Buildin,- inspector 1 ~1 sundud N. Y, S. T. U. F•,m 1007 aarpin and Sak D.J. riah Cmmam gainn Cranar i Ind"idud •r C•,plion Isi.sk shag CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD am USED BY LAWYERS ONLY. no 11304K1340 ~os.s 5~~ss considers on THIS INDENTURE, made the 28th day of June , nineteen hundred and ninety-one SET,WEEN EDWIN A. TONYES, residing at 2155 Jockey Creek Drive, Southold, New York; DONALD H. TONYES, residing at 514 Flint Street, Greenport, New York; and EDWIN A. TONYES, JR., residing at 609 First Street, Greenport, New York Ell ST iitC; C((7;(;A,1 r*1~~•l~ 1 t b!" fd bI ! C)I - r I 1 Q 1 i~t 1 'A.7.o•~r party of the first part, and EDWIN A. TONYES, residing at 2155 Jockey Creek Drive, Southold, New York; and DONALD H. TONYES, residing at 514 Flint Street, Greenport, New York party of the second part, WITNESSETK that the party of the first part, in consideration of ten dollars and other valuable consideration ` paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs ~1\Zk or successors and assigns of the party of the second part forever, f''~a•.ALL that certaiW& , piece or parcel of land, with the buildings and improvements thereon erected. Situate, lying and being at Southold, Town of Southold, County of Suffolk and State of New t5:f~:C Y York, bounded and described as follows: ••.n~~aBEGINNING at a monument on the northerly side of Main Road (N.Y.S. Route 25) distant IS` 84.5 feet westerly when measured along the northerly side of Main Road, from the e corner formed by the intersection of the northerly side of Main Road with the wester- DISTRICT ly side of Boisseau Avenue;-' 1000 THENCE South 77 degrees 57 minutes 40 seconds West along the northerly side of Main Road, 60.501eet to a monument and land now or formerly of George Steltzer; SECTION THENCE North 11 degrees 25 minutes 20 seconds West along said last mentioned land 062.00 183.91 feet to a monument and land now or formerly of Pauline Bednoski; ENCE North 75 degrees 00 minutes 30 seconds East along said last mentioned land BLOCK 54.12 feet to a point and land now or formerly of Compass Transports S.A. Panama; 01.00 THENCE South 13 degrees 24 minutes 40 seconds East along said last mentioned land,,,/ LOT passing through a monument and along land now or formerly of Walter Adamson, 186.75 014.000 feet to the monument on the northerly side of Main Road at the point or place of BEGINNING. BEING AND INTENDED TO BE the same premises as conveyed to the parties of the first part by deed_recorded in the Office of the County Clerk on May 23, 1988 in Liber 10608 at page 439:.. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpos of paying the cost of the improvement and will apply the same first to the payment of the cost of the improv nt before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it r"part4uly never the ns his indenture so requires. IN WITNESS WHEREOF, the party of the fipart hate this d ehe wd_ysa~ficsLi`ve written, ti r ti IN PXrSLNcz or: gy~pp// EDWIN A. ONYX, RED ~ '14. TO ~ • I S n A RECORDED JUL 24 1991 P. ROW-144i] MW Cr fluOMn 0"rrY 5, 1, 4I ~p~ta~ t Joseph Fischetti PROFESSIONAL ENGINEER HOBART ROAD / PO Box 616 SOUTHOLD, NEW YORK 11971 516 - 765-2954 Date: January 17, 1997 Reference: SCTM#1000-63-1-14 Edward Tonyes 2155 Jockey Creek Drive Southold, NY 11971 Dear Ed, t-. I have reviewed the New York State building codes with regard to the use of the lower basement level of you Main Road building The lower level may be used as an occupied space for the following uses as defined in the Code: C1 (Business) and C2 ( Mercantile) To comply with the Code, the Fire separation between the lower level and the dwellings above must be a continuous 1 hour structure. This may be achieved with 5/8 inch fire rated sheetrock. You must also meet the handicapped accessibility requirements of the Code. For your information I am attaching a copy of some of the pertinent sections of the Code for your reference. If you have any questions regarding this matter, please call. e rischheetti, Jose h P.E. 3 732.2 TITLE 9 EXECUTIVE , . I on the, alcove side,; but not less than 40 square feet. The depth of such alcove shall not exceed half of its width. The floor area of the alcove shall be added to the floor area of the room for the purpose of complying with the requirements,of Part 733 of this code. An alcove with an area of 60 square feet or more, but less than the required area of a habitable room, shall be separately lighted and ventilated as required for habitable space. a (b) ` carton in respect to grade level. (1) Floor level of habitable space shall be not more thaii•four feet below the average adjoining finished grade, except that below-grade space is x peritutted as a habitable space provided the grade adjoining one exterior wall, for the width of / the habitable space, is at or lower than the floor level of the habitable space, the depth is not than four et t d guch space confo . Ito all other requirements for more.. , 11'a' 1 '.,b ky d a a,. p p p pp habitable s ace. Face; oceued's act ?.an play°brreoreation ;Dorms maybe iodated s>F (2)` in ows for light and ventilation shall open upon a required yard, court or legal open s space, having access to apublic thoroughfare. The elevation of the finished grade shall beat . , least six inches below sills of such windows. (c) cellaneou9:requirements. _(1) ::Dwelling units shall be separated from each other and from other spaces outside the dwelling unit. (2) Separation between dwelling units; and between dwelling traits and corridors or assem- bly spaces, shall have a sound transmission class (stc) of at least 45, as determined in A , accordance with reference standard RS 36 (see section 1250.3 of this code). L(3) Sleeping rooms within dwelling units shall be separated from each other and from other spaces outside the sleeping rooms to provide privacy. Historical Note Sec. amd, filed Oct. 4, 1972; repealed by L. 1981, ch. 707, § 12, eff. Dec. 31, 1983; new ' filed Dec. 13,1983; amd. filed July 7, 4995 eff. July 26,1995. Amended (c)(2). iY; § 732.3 Occupied space and assembly space. J 1 , ,"":p a' ,f its' S' rt M1, t M`~# yf .,;(a),_,._0ccWPl ~tr YSI•ltn?JP!tBP het$~?Fl p 3 , rig ~'t kg (2);.:Areas ow an above a balcony or, mezzanine shall have a minimum clear height of agv Vfeet six inches, N,_ : ota 'sembl s . 'Ff 1) Assembl space, shall be at' least as high as is r ' utred for Y pace' . ( Y g1 occupied space, except that assembly space for more than 100 persons shall have a minimum 'height of nine feet measured from finished floor to finished ceiling, and except tha(•asseKmbly,` space below and above a balcony or mezzanine shall have a minimum clear height of seven feet six inches. Historical Note Sec. said. filed Oct. 4, 1972; repealed by L. 1981, ch. 707, § 12, eff. Dec. 31, 1983; new filed Dec. 13, 1983 eff. Jan. 1, 1984. j j § 732.4 Nonhabitable space. (a) General requirements.. (1) Nonhabitable space shall be provided with light and venti- lation adequate for the intended use of each'space. Nonhabitable space wherein persons work or remain for a period of time shall have a minimum height of seven feet. (2) r Player recreation rooms may, be76cated in cellars, and shall conform to the require- ments of Part 735 of this code. r (b) it Location of bathroom and toilet rooms; : (1) Toilet rooms, and at least one bathroom 1x withih a dwelling unit, shall be accessible from any sleeping room without passing through any. • 6,a other sleeping room. i:- ta, A § 606.3 TITLE 9- EXWLrnY# ['(144) Noncombustible.,Material orcombination of materials which will not ignite, support combustion or liberate flammable gas when subjected to 'a fire when tested in accordance with t' re)erence standard,RS 4-2 (see section 1250.3 of this code). ' (145) Nonhabitable space. Space used as kitchenettes, pantries, bath, toilet, laundry, rest, dressing, locker, storage, utility, 4eater and boiler rooms, closets, and other sprites for service and maintenance of the building, and those spaces used for access and vertical travel between stories. See definitions of habitable space, area of public assembly, and exit. (146) Nursing home. A facility as,defined by the Department of Health rules and regula- tions in the State Hospital Code See reference standard RS 3-2.6 (see section 1250.3 of this ` code). r 7 (147) Occupancy. Use of a building, structure or premises. t . (148) Occupancy classification. A classification of buildings into occupancy groups based ; on the kind or nature of occupancy or use. (149) Occupant. The person in occupancy, in possession or in control of premises, or using .a~ premises. (150) Occupied. Used, or intended; erringed or designed to be used. (151) Occupied space. Space within a building wherein persons normally work or remain for a period of time: See definitions, of as space, habitable space, non-hrbitable space and area of public assembly. zit , r (152) Open parking structure A structure for the parking of motor vehtcles,haytng at least , i 50 percent of two exterior sides of each story permanently open. (153) Opening protective. Assembly of materials and accessories, including frames,, and `ate hardware, installed in a wall, partition, floor, ceiling or roof opening to prevent, resistor retard IN' "the passage of fire, flame, excessive heat or hot gases. (i) Automatic. Constructed and arranged to operate other than manually; if open, it will close when subjected to a predetermined temperature or rate of temperature rise, or combus- tion products or other approved fire control signal. (ii) Self-closing. Arranged and equipped with devices which will insure closing after k rr ~r ~ tit! having been opened. r- k (154) Owner. Owner of the freehold of the premises or lesser estate therein, a mortgagee or a `az vendee in possession, assignee of rents, receiver, executor, trustee, lessee, or other pe on, fine w or corporation in control of a building. a ct# s % - (155) Panel wall. A nonbearing wall built between columns in skeleton cons tn d ion an wholly supported at each story. (156) Parapet wall. Free standing portion of a wall above the roof. i 4ribw,'d) 5 (157) Parking lift, automobile. Mechanical device for parking automobiles,by ir%0 ement r, in any direction. (15,8) Party, wall.;A wall on an,interior lot line used or adapted for joint service between - two buildings or structures. (159) , Plumbing. The pracuce, gaterials and fixgges used in the installation; maintenance, 1 extension and alteration of piping, fixtures, appliances and appurtenances in connection with "+Klz any of the following: sanitary drainage, or storm drainage systems, the attendant vent systems and the water supply systems; within or adjacent to any building or structure, to their`connec- tions with public systems or other approved terminals. (160) Plumbing system. The water supply system, the drainage system, the vent system, N fixtures and traps, including their respective connections, devices and appurtenances within the° property lines of the premises, (161) Potable water. Water which is approved for drinking, culinary and domestic pur- poses as set forth in the State Sanitary Code. (162) Premises. A lot, plot or parcel of land including the building or structures thereon. 12,054 Executive Jan-Oct IW5 f• SUBTITLE S HOUSING AND COMMUNITY RENEWAL § 1231.2,; 4. PART 1231 r \ _ APPLICABILITY AND SPECIAL PROVISIONS (Statutory authority: Executive Law, § 377[1]) tuir Sec. 1231.1 General requirements -a. 1231.2 Conversions 1231.3 Alterations and repairs 1231.4 Additions 1231.5 Relocation of buildings 1231.6 Historic buildings exemptions Historical Note Part 1231.1-1231.6) filed Dec. 13, 1983; repealed, new filed Dec. 13;1994 eff. Dec. 28, 1994. ~A § 1231.1 General requirements. ' (a) Provisions of Subchapter B of this Title and this Subchapter shall be applicable to existing buildings as provided in this Part. " (b) Occupancy classifications and construction types of buildings shall be determined in conformance with Parts 701, 702,703 and 704 of this Title. (c) Where a building has existing features that comply with Subchapter B of the code, those features shall not be changed so as to result in noncompliance. (d) Where a building has existing features that do not comply with Subchapter B o£the code., those features shall not be changed to deviate further from provisions of Subchapter B so as tos' reduce the protection afforded to occupants or other users. (e) Existing features which are not otherwise required by Subchapter B.of this Titl%or by this Subchapter are permitted to be removed. Where fire protectioq egttipg is jdisal?* visible elements shall be removed and the authority having jurisdiction shall be aohfied. (f) Nothing in this Subchapter shall be construed to permit the continuation o existing building features which were installed in conflict with any codes or laws in effect at 6e time of construction or installation: (g) Materials and assemblies as listed below are permitted to be evaluated for fire resistance in accordance with reference standard RS 5-6: (1) existing materials, and assemblies; (2) new assemblies which utilize materials existing in the subject building; (3) new materials and assemblies used to repair, replace or replicate existing conditions or to match existing undisturbed materials and assemblies. Historical Note Sec. filed Dec. 13,1983; repealed, new filed Dec. 13, 1994; amd. filed July 7, 1995 eff. July 26, 1995. Amended (g). §.1231.2Conversions:a,, , y3 uv (a) When there is a conversion of the primary occupancy of a building or a poitton offal building, the entire building shall comply with Part 1232 of this Title, except as provided in subdivisions (b) and (c) of this section. (b) Only that portion of a build' that is converted, and the exits therefrom; trigi comply`' with Part 1232 of this Title if that portion is separated from the rest of the building by construction' having a fire-resistance rating as provided in sections 717.3(a) and (b) of this Title for A occupancies, 739.4(a)(1) for B occupancies or 771.4(a)(1) for C occupancies, or by a fire wall having a fire resistance rating of two hours. 06/30/96 12,527 Executive f ' SUBTITLE S HOUSING AND COMMUNITY RENEWAL §4771 4S ~s 1 than that set forth in section 770.2(b) of this code for noncombustible walls with a fire-resistance rating of less than three-fourths hour, and provisions are made to limit the average rise in the temperature of the steel under fire conditions to 1,000T. s i- C (e) In one-story building of groups C1, 0.1, &i,' C5 and C6 occupancy, roof cgn uct}oq r and columns supporting roof construction are not required to be encased or enclosedy Ere-1 t - Z' protective materials, except that basic fire areas for such buildings shall be limlted.to:S0,000x square feet, or as set forth in tables VI-705, VII-705 and VIII-705 of this code; wchevei is less;,' and except that unlimited fire area is permitted for such buildings, provided they are equipped' with sprinkler systems. =7a' (f) Where ceilings that are required to provide a fire-resistance rating to a ceiling assembly are pierced or recessed for fixtures, devices or duct outlets, adequate provision shall be made to ' maintain the integrity of such ceiling assembly. (g) Lintels more than eight feet long that are located in bearing walls shall conform to the fire-resistance rating requirements for such walls as set forth in table III-704 of this code, except " as provided in subdivision (d) of this section. 31 , Historical Note Sec. filed Dec. 13, 1983; amd. filed Oct. 25, 1985 eff. Nov. 15, 1985. Amended (a)-(c), (g). 771.4 Division by fire separations. (a)_ rrGeneral re4uiremerlis. ; O 1 Where a building has two or more occupancies or uses, or . two or more tenancies of~the same occupancy group, none being accessory. to another, such ' occupancies or tenancies shall be separated vertically and horizontally by fire segrations having fire-resistance ratings in conformity with the requirements of table I[-771, except as provided in paragraph (6) of this subdivision. (2) Openings in separations between lobbies or corridors, and spaces„ adjacentiereto.,.: shall be equipped with %lf-closing opening.protectives. When opening protecaves are not, provided, such openingsrshall be glazed, shall not exceed 35 square feet in area and shall be' protected by a sprinkler head on each side of the opening. See paragraph (1)(6) of this section Xwk r*, ; for aggregate width limitations. (3) Display windows in lobbies and exit corridors shall be separated from other parts of the building by a fire separation having a fire-resistance rating of at least one hour. Access openings to display windows shall be equipped with self-closing opening protectives. (4) Where the lobbies or corridors, other than required exits, and the adjacent spaces are both protected with a sprinkler system, there shall be no restriction on the size of opepings in 1 the fire separation, and no requirement for opening protectives. a t i (5) Vending or service equipment or stands, such as those used for the sale or distribution of tobacco, candy or periodicals, may be located in lobbies, corridors and., passageways, provided that they involve no greater fire hazard than that incidental to the ordiary equipment of the lobby, corridor or' passageway, and do not obstruct nor interfere with' a~' parf of a required exit. (6) Not more than one occupancy group classification shall be permitted in a building of type's construction, except that:u (i) a one- and two-family dwelling is permitted in a building of group Cl, C2, C3.1,' r , C4.1 or daycare center (groups C6.1 and C6.2) occupancy; and (ii) a group Cl and C2 mixed occupancy is permitted, provided that such occupancies are separated by fire separations having fire-resistance ratings of at least one hour. (7) Motion picture projection rooms and their accessory spaces shall be enclosed by noncombustible construction having a fire-resistance rating of at least one hour. Ian-Oct 1995 12.227 Executive c~ § 77T.4 T ME 9 . EXECU TABLE II-771 yr ~ ; fwr~!,, MINIMUM FIRE SEPARATION REQUIRED BETWEEN OCCUPANCIES8 (Fire-resistance ratings in hours) Occupancy CI C2 CM C3.2 C3.3 C4.1 C4.2 C4.3 C5.15 C5.25 C5.35 C5.43 C5.53 C6.1 C6.2 C6.3 Al,:...... Sea table 1-717 - "r Bl.:...... Sea table I-739 B2 Sea table 1-739 B3 Sea table 1.739 64 See table 1.739 !te CI I 31 21 31 np 21 31 np 21 31 4 2 2 26 ups np C2.~.:..... 1 21 3 np 2 3 np 21 31 43 3 36 36 136 up tt: C31i..... r. 3 1 p,.21; 42, 21.'.: 31 42 21 33 43 21 21 ape np61, up, `e. Y C33.,.... 2 42 2 3 4 up up np up up nP up C3.3...... 4 42 42 4 np. np np up up np np op d a< C4,[...... 21,7 31,7 4 2 33 42 np up up6 np6 up r 04.2...... 37 4 np np np np up np up ?p C4.3...... 4 np np np np up np up- op C5.1...... 24 34 44 21 21 26 26 . C5.2...... 34 44 31 31 36 26 3 C5.3...... 44 4 4 46 46 4 C5.4...... 2 2 26 - 26 2 C5.5...... 2 26 26 2 C6.1...... 26 26 2 C6.2...... 26 ' 2 C6.3...... 2 One hour in types 2b. 3 and 4 construction and 3/4 hour in type 5 construction except where one occupancy is a self-service storage facility, minimum Jiro separation shall be not less than 2 boon. 2 For restrictions on a high hazard use area, sec subdivision (b) of this section; for restrictions on a moderate hazard use area, sec subdivision (c) ' f c of this sec sal. e 3 Openings in separation not permitted. 4 Vertical fee ¢pantiom shall not be required between two spaces for group C5.1, C5.2, or C5.3 occupancies or any combination thereof where such spies w occupied by one tenant. s For CS occupanclei;'aa Article 6. . 6 For exceptions and additional requirements in daycare centers, sec sections 771.6 and 771.7 of this Part. 2 Forexceptions atld additiond requirement in self-urvia storage facilities, sec section 705.5(e), (f) and (g) of this code. 6 For mixed occupancy limitations in a building of type 5 construction, sec paragraph (a)(6) of this section. - w ; (b) Accessory high hazard occiipancies. (1) Where a building has two or more oceupan- cles, the larger occupancy being low hazard or moderate hazard and the other occupancy°lieing accessory high hazard, such high hazard occupancy shall be separated from other occupancies in accordance with the follow' pi (i) Where space for the high hazard' occupancy amounts to more than 10 percent othee fire area, or more than 5,000 square feet, such high hazard space shall be separated from the other occupancies in conformity with the requirements of table II-771. (ii) Where space for the high hazard occupancy amounts to 10 percent or less of the fire area, or 5,000 square feet or less, whichever is smaller, such high hazard space shall be separated by noncombustible construction having a fire-resistance rating of at least two hours, with heat vents directly through the roof or an exterior wall without passing through intervening space, in lieu of the requirements of table II-771. (iii) Where space for the high hazard occupancy amounts to five percent or less of,the. fire area, or 2,500 square feet or less, whichever is smaller, such high hazard space shall be separated by noncombustible partial enclosures with heat vents directly through the roof or an exterior wall without passing through intervening space, and provided with sprinklers in - \ the high hazard space in lieu of the requirements of table II-771. Such spnnklers shall J conform to the requirements of section 1060.4 of this code. (2) Groups C3 and C4 occupancies involving the processing, use or storage "_1 xplosive materials shall not be permitted in the came building with any other occupancy; except where the occupancy is accessory to the primiry occupancy of the building. Explosion vents shMI be 12,228 Executive Tan-Oct 1995 t' • § 717.3 TITLE 9 EXECUTIVE f ~d § 717.3 Division by fire separations., , (a) Separation between dwelling units. Separation between dwelling units shall have a fire- .t - resistance rating of at least three-fourths hout 1 (b) Separation of occupancies. Nonresidential occupancies in or attached to a one- or two- family dwelling shall be separated from the dwelling occupancy by fire separations having fire ` resistance ratings inconformity with the requirements of table I-717. TABLE I-717 l t MINIMUM FIRE SEPARATION REQUIRED BETWEEN OCCUPANCIE:S4 (Fire-resistant ratings in hours) One- and Two-Family Occupancy Dwellings' _ Business (Cl) 1 x Mercantile (C2) I Industrial (C3.1) 2 (C3.2) np (C3.3) Z Storage (C4.1), 3 (C4.2) np ~tx x (C4.3) 2 n Assembly (C5.1) 3 (C5.3) 4. t , arY (t 5.4) 2f a 1 Institutional (C6.1) 21 t (C6.2) 2 t (C6.3) 2' t I 1-hour for day-care center in a building of Type 4b or Type 5 construction. i 2 For garages, see subdivision (f) of this section:' 3 2-hour for self-service storage facilities. 4 For mixed occupancy limitations in a building of Type 5 construction, see section 771.4(a)(6) of this code. 5=- (c) Construction: (1) Fire separations and their supporting construction shall form acon- tinuous fire and smoke barrier. , / (2) Fire separations between welhngrunits and occupancies not accessory,th _'.to, other than residential, shall be'continuous, and any openings therein shall be protected iWKielf- F- closing opening protectives. to (d) Enclosure of exits and stairwa a Exits, including stairways and passageways' forming a M, part thereof, serving in common two dwelling units or passing through or adjoinmg another - dwelling or any occupanby other thiuilesid'ential, shall be separated therefrom by a fire separation having a fire-resistance rating of at leaseN hour. (e) Enclosure of heat-producing equipment. (1) Heat-producing equipment steal( Abe mounted on noncombustible floor construction, or on protected combustible floor construction, t shall be installed with sufficient clearance from adjacent wood and other combustible material to prevent their ignition; and when.the ceiling above can be heated to temperatures in excess of 901F above ambient; it shall be protected for a distance of three feet on all sides of ft heat sr= producing equipment by noncombustible material providing 10 minutes or more of fire profile 12.122 Executive Jan-Oct 1995 ' RECEIVED JAN ' 1997 sa;vUAaY lo, 1997 Southold Town tlP.A to members Z 34, members Town Board in re meeting on functioning of Board to be held today especially matters re Tonyes, Barbara Adams also in re Building Department, office of town attorney, town investigator possible changes and interaction and effect - siecific and general T a;r[ STATING 2=r BELT: THAT ME Z3A IN 1-Ts ENTIEM 3EHA'=7 INCO°HECTLY IN --1-AT70,T TO BAR3ABA ADASS and I am asking for a rehearing. 3oav ;dams °03 33 ?econic, 11958 tnote: not mentioned even ianlicitly is the need for public discussion on rental housing, mediation services between iandford/ tenants and -Arta t role the Town nigh: play cover pa„e, four pages plus any e:Ch'bito - C,ossi:-y separate U .1 F IDA't, - -'NUARv 10, 1997 SOUTHOID TO.fN BOARD/ Zoning Board of appeals meeting in relation to functioning of 3oa-rd, 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. Board actions in both cases left many questions. Since the processes can take a very long period of time and, to the oIIervor 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 aarties including; the complainant or observer. sly first involvement was a property belonging to Tonyes next to `Jafside Market near Supervisor Cochran's home. I lived at that unit and found the owner's eng_ging in a variety of actions yhich 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, whelp inquiring at 3uiiding about ;rhetherpermits had been obtai.^.ed for work 'had to' file a written ouestion before i1S'Or`Sation would be provided, finding out there wers no hermits and even uallr the 3uild i. Department investiated and the TonTes applied for a variety of di'_ere. of Cne of t^ei^ re^uests was ?rsr, -~e3• ^^e:% did n0 Conform a long C 'ad 0 ~r• •ma _ Call..si. . _ -o1.S _o-^•. _ of u as -,icrs were raised and observations m_=d-_ r ^e in regar_ t t -all y of processes lor._oing because even i t^~r co:::c_z _sr whaz about tumor-o,7) `''tie O="er involved my Sister and 'our' house at p1OG indian :i2C3 =ne. -nparentl~r _ ite recently sheds and outbuild = s were z. brought under 7-own oversight (location, and so on). I have and will continue to file a series of querias regarding the use of the property during the time I am banished from it. The action before the ZB.A 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 Berson, in part, of Lir_da) 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. 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). Jnfottunately 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 would go to the property AYJ TELL E- 3.:SPCMENT m RULES A`;D ii2ASu?33 m_T= PROPERTY and make the decision for tl-` Board. The ?card all of whom looked somewhat horrified did not comment openly and voted to go alon_ with the Chair - something I don't understand. I:. ir' OPI?1IOY this indicates a va_rietyof things t00 great an e?Mo--;ve response of undetermined nature from the Chair, too much 'go along' e£ the 3oard, a lack of understanding of the ideas and rules and reasons behind the need for informatior for bosh t.e 3oa-rd and the public to participata usefully and fai'rly lacking needed -formation .`_e public hearing was a farce. . no ced also tt" no no -~a was taken a: the hearing what the law was recently put in a effact and that, .therefare, .its violation was fairly rsasorable. 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. :then the Chair of a largely unoverseen committee of considerable authority does +_t seemingly with some frequency perhaps change is needed. Again, I note I feel the 3oard including &r. di_v'izio 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 Board 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 itsprocedu?jes and r 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 :cord. Historically, regrettably, the To,,-in Attorney defrnsive of the Town (slanted from objectivity to client orientation. It 15 3. feeli- that the Build; g Department urgently needs or_ n-i zaticn,ethical i=provement, legal oversigh and repair. Probably to a degree Linda would be very helpful. She has adopted and defends the loose conduct of her Z---A and might behave similarly tOwards the Building ,Depa= Went. 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 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 lawyers: and other things thrown in "the public" can SuDply 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 correction and so on. Mrs. Cochran unwi.ttin4lyor wittingly adds to this in saying: "Laurie, how can we do this so the Town isn't held responsible" __r (in re overcharges for copies of Cos). Not morally should we refunds and how best and most fairly can that be done .....so t: _e actions of the latrjer may be to quit or go along also........ I thins the office of Town attorney is important enough to discuss these things peci_fically and pubicl1, personel or nct. ',^,'f conversations with 'I'Ls. Dowd on mat Hers imzorra- :J (uritaned) ind_cate to me dementia, corruption or a bizarre ? .;de a_ther toward me or what she feels her cle:^ts =Yarnt. I ^0_7e f-r chan-e of attorney but could be convinced o ter'~IiS2 oCIS ~3u these slings were discussed and 2.' ai^.ed and cr:en+ed DL`0:C1J. Too much for a single co3munication. 1 ask that you consider the time limit for my filing an article 79, Yo'u' culpability ana responsibili =karharaAAdams.AIND ASK-FQR A Rn_n OR jCO° ADAiG ?~G' - (~,ige.9 -Bearing Tra„~cript r, V(eeting of :august 21, 1996 t SoUtlioid Town Board of Appeals NINA FISCHER: That's me. BARBARA ADAMS-- Then the nest one is from Airs. 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 Pecs Lane is being protested. for 3d As a part time resident and full-time tazpayer ` 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 occ'.ipaat had caused a shameful deterioration which was to the detriment of all of us who value big+siy our shorefront properties. The current owner continues to add a valuable improvement to the interior, exterior and to the important landscaping and natural btauty of the property. The s=.tcture in question is most attractive and adds a gi+•,at deal to the annearance of the area. Veighbors I have discussed this with have told me they bedeve this "shed" is a most attractive addition and is a real plus to. the property. I respectfully requestthat this 'protest" be treated for the frivoious action it appears to be. That's ail. Thank vou- CHAIR ALAN: Thank you. JODYADA.4IS: How come this ( CHAIRMAN: Pardon me, Ms. Adams piesse. These were not letters written in anvbody's behalf, except for your sisters. Ms. Adams, we are going to have to have the exact footage from the, ac least to the edge of the pavement, ok. We will recess the hearing after we complete the hearing tonight. ll SECRZ'"A3Y LINDA KOWALSIu: Vo recess it. reserve. CHAIRMAN: Reserve decision. SECRETAitY LINDA KOWALSIiI: Vol r=_:ess :t. reserva- CHTAI3.'610f: "e'U close the hearing and reserve de•vion. BARBARA ADAMS: Eow do we'. CH:\iZ`+LA`: `=ou've goe to get a ace t .m scmeboc}- a lid riu 'ace. hut. Xe'Il Supliil, you with a ta.:e. ?age 10 - Tlearing Transcript Meeting of August 21, 1496 Soutlhold Town Board of Appeals BARBARA ADAMS: But I have to know from where you`re taIIdng about, the front of the road. CHAIRMAN: From the road to the budding. JODY ADAMS: From the property line Sir. Is that not car_rsct? The road is. } CHAIRMAN: Please wait until you are called upon. dODYADAMS: I might not remember. CHAIRMAN: Write it down. Eecuse 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. BAR.BARA'ADAMS: I'm terribly sorry. I've done the best I could do. CFtAiR^rTAN: I S Sow. 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 cognicant of your methods and the way of ever-Tt king. CHAIRMAN: I understand. Well work it out, all ,fight. 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 anvbodv have any ~p questions of this Cady? CHAIRMAX: No, 1 think that's tine. SARBARA ADAMS: Would _ou Uke aavbod,, co speak in my favor? C ?AI12:LTr\V: if dtev ;vouid Tka-0. s-.zre. is ;'leis anc;;cd_r tha: ;vim lid lika o :peak in E:e%aif of :,is. idams or her angiic,ron W c`i D Y ? R : I ;VIT We.., . ?re :wit on bei:alf of ::er :,ppii=Lgr. S%C,=1 A R Y . We _nu't :ear :.u F-nm Hers. C-A\-R':C,.,`•J: need :ur =.e. Pus II - Hearing Tnulscript Y7ee[ing of August ?l, 1°O6 Southold Town Board of Appeals SECRETARY LINDA KOWALSKI: 1 can't hear pop- WENDY PRELLWITZ: Wendy Prellwitz CHAIRMAN: OK that WENDY PRELL'MTZ: I'm the daughter of tie PreRwitzfa~t to say Lives two houses over and relative of Barbara's • I j~t front This side, that I think the shed, it's very confusing. 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 helm measure the thing roc, if we can get a tape measure and start from the road. But we as neighbors feel Fine where the shed is. CHAIR^ILaN: Thank you. Ak RY ANN PORRAS: Mary Ana Port-as. I live, I'm a resident of Southold Town and we're friends and I was with her, and I spoke to the Bui:ding.Iasvector first, and was tern aly confused about front bit of yard. side yard, back yatd. I thought we were gettinQg si semanclcal problem because, if the front of the vard is what faces the road, then actually there is a corner of the stied that actually is in rhat froac yard. Then when I went with Its. 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 lirde about semancicaily. 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 part there. CHAIRMAN: OR, could I dust have the spelling of your last name. MARY ANN PORRAS: Porms. C 3:1iR:`1[a.V: Thank you. Is there anyone else thac would Lrse to 5;)*-Lac in tavor? OK, :rls. Adams would you • ke to ,teak'. 'VIS. •rODY ADAMS: Oh indeed. The ouesdon is. Ck. Could r asd ycu to ccre up tiers and use as a ^,(idkifn. ;.his table lieval P;ige L2 - Hearing Tmwscript Vleecing of Aug'ist 21, 1996 Southoid Town Boar! of Auceais 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 line me to (stand). CHAIMMAN: 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 dare 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 cesspool 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 roots. vow in defining, 1'7e read more than I'd ever care to again, about Building Department, about Zoning, and under those. definitions, the replacement of missing roofs reaui-es a building permit. She has added a deck which is covering certain things, wiiich per?iaus might not be, in other words, she doesn't conform to anything, and I do not fee! that this thing should be granted antra an over-all 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 dishbnest human being. CHAIRMAN: Please, ok, ok. I. understand that but, you 'snow . 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 beiieve, all right. La the F--st i place, waterfront property I understand you can have shed in either c our front lard or your back--ard. not ust is the bacrard, i am told. Do you know anything about that? (-HA1ILMA;I: Tlus board, vixen there is a hardship can place a shed in a wi, ,i:eruic place. JODYADAMS: :kccordhig to Linda and the Building Department 1 haike"-e. Waterf--o t proner,7 has a double ondon. Cci:\IR!:i_\di: -hac is correct. 1-Cause :vicar?rant prrorerr .ends to :ace tie vicar. Pnge 13 - Hearing Transcript Meeting of August ?l, 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 theu'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 Duwsonfine, 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 ail gone insane, because you don't fence in a Public Road. You don't do that. Slie is arresting people. Her tenants are arresting people if they come within this unknown property Line, and you have a parsing 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 zhaa one shed, and I would urge you to tools at the overall problem before you grant anything. Thac's all I have to say. CHAIRMAN: Thank you JO DYADAMS: 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 aoc, it's Il very near the well uoint. Ycu ought to know where the wet point is. before -,;-cu approve the shed. CHAIRMAN: Oh 40DYADA,MS: Ok. C:iAERMAN: Thauk vc)u. Any other ;other amment on t'_5 hearing from .invope? Rearing no further comment L U taka a =Cca c:csiag ,lie heara)P, pEndlllz an [n5^eCt_Cn. of wiL'C^ I ~'ouid do -cc er board member, pe'Jv-.ded it's dray :o gn ou your pMper^i and Meis:tr'3. w411 mCC`d or Baal be d1t!?er -tis veekead or svr~g;anti. ?)a we`ll -_'O down t!".er_ ::d measure. P29e 1 4 - Hearing Transcript Vkletiiig of August 21, 1996 Southold Town Board of Appeals BARBARA ADAjMS: I would humbiv 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: OX. JODYADAMS: That's very touching but I really don't think it's relevant. CHAIRMAN: Ok, hearing no further comment, I offer that a--, a Resolution. ACTION TAKEN. Foilowing discussions during the hearing, action was taken as follows by the Board:. Motion by Chairman Goebrine"r to close (conclude) the public hesrng, pending reinspection by himself or with another board member for a measurement. This motion was seconded by Member Dini:to, and duly carried by all members present (4-9) 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 ~o~~gUFfO(,~co Gy Southold Town Hall Gerard P. Goehringer, Chairman o° < 53095 Main Road Serge Doyen, Jr. y x P.O. Box 1179 James Dinizio, Jr. O Southold, New York 11971 Robert A. Villa y?J~l ~a0~ Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD October 18, 1995 To: Mr. Edward Tonyes 2155 Jockey Creek Drive Southold, NY 11971 Mr. Donald Tonyes 2155 Jockey Creek Drive Southold, NY 11971 Re: Appl. No. 4317 - Special Exception Application Gentlemen: Please find enclosed a copy of the determinative mudered by Members of the Board of Appeals at our October 1 3 , 1995 Regular Meeting and filed today with the Town Clerk's Office concerning your application. A copy of this determination has also boon furnished to the Southold Town Building Department for their records. It will be necessary for the owner(s) of the property to proceed with the Building Department at this time before occupancy may be allowable for more than one family. Your project appears to require plans certified by an engineer for required altonations to the building for two apartment occupancies. Please apply directly to the Building Department for appropriate building permits and other reviews which may be required under the State Fire and Building Codes and the Town Zoning regulations. Their office telephone is 765-1802. Very truly yours, erar P. Goehringer,?t' lk Chairman Enclosure Copies of Decision to: Building Department Suffolk County Department of Planning APPEALS BOARD MEMBERS ~o~~gOFFO(,~co h Gy Southold Town Hall Gerard P. Goehringer, Chairman 53095 Main Road Serge Doyen, Jr. C#3 x P.O. Box 1179 James Dinizio, Jr. O Southold, New York 11971 Robert A. Villa y?J O` Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS AND DETERMINATION Appl. No. 4317. Application of EDWIN and DONALD TONYES. This is a request for a Special Exception under Article IX, Section 100-91B, for permission to convert existing building in this Hamlet-Business (HB) Zone District. 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. WHEREAS, public hearings were held on July 12, 1995, and September 13, 1995, at which times any and all persons who desired to be heard were heard and their testimony recorded; 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 areas; and WHEREAS, the Board made the following findings of fact: 1. APPLICANTS' REQUEST: This application is a request for approval of one of the following uses: (a) two-family dwelling use with retail store, referred to as "A"; (b) three-family dwelling, referred to as "B"; or (c) two separate apartments for rental purposes, referred to as "C." 2. EXISTING PRINCIPAL USE: The existing building is shown on the town's records as 1-1/2 story construction, plus one story at the rear portion of the building. A Certificate of Nonconforming Premises No. 213809 issued August 31, 1985 indicates that the property is permitted to be used as a one-family dwelling with accessory buildings in what was then zoned "B-1 General Business," based on the July 11, 1985 survey prepared by Peconle Surveyors, P.C. `Page 2 - Appl. No. 4317 Matter of EDWIN and DONALD TONYES Decision Rendered October 11, 1995 3. SIZES OF BOTH PARCELS: As part of this application, the applicants are offering the merger of two separately owned parcels, as follows: (a) the easterly parcel of 60.50' x 183.91 which is improved with a dwelling structure and accessory buildings; (b) the westerly vacant parcel which consists of a size of 40' x 182+- feet. Both parcels are located in the HB - Hamlet Business Zone district. 4. OCCUPANCY: Inspection by Board Members shows that there is more than tenant renting an apartment on the premises. Concerns have been raised (in writing) by one of the tenants which will need to be addressed by the owner with the enforcement ol'Cicer (or building inspectors). These letters have been transmitted to the enforcement department since enforcement is not under the jurisdiction of this Board. 5. CODE PROVISIONS: The code provisions tviative to the use requested by applicants are noted as follows: a) Section 100-9111-2 for a three-family use, also referred to as a multiple dwelling; b) Section 100-9111-2 for a two-family use in conjunction with a retail store; C) Section 100-91B-2 for two apartments in lieu of a three-family use since a three-family use would require 60,000 sq. ft. of land area; Applicants are offering a second parcel for a double use (two apartment units). 6. OTHER CODE SECTIONS: Other provisions applicable to the Hamlet Business Zone District are as noted below: a) Section 100-91B-4 which would permit an apartment over retail store or professional office subject to the following requirements: ...a. The explicit written approval of the '!'own Fire Prevention Inspector shall be obtained for the design, location, access and other safety-related elements of every such apartment. No apartment shall be permitted over filling stations, stores retailing flammable or fume-producing goods, restaurants or other businesses with kitchens or other facilities producing intense heat or any other establishment which the Fire Prevention Inspector determines to pose a greater-than-average built-in fire risk. .b. The habitable floor area of each apartment shall be at least four hundred fifty (450) square feet, but in no case Page 3 - Appl. No. 4317 Matter of EDWIN and DONALD TONYES Decision Rendered October 11, 1995 more than seven hundred fifty (750) square feet. The apartment shall not be located on the first fluor of the building, and the apartment shall contain atl services for safe and convenient habitation, meeting the New York State Uniform Fire Prevention and Building Code and the Sanitary Code. ...c. There shall be no more than three (3) apartments created or maintained in any single building. d. Each apartment, or common hallway servicing two (2) or three (3) apartments, shall have a separate access to the outside of the building, which must be distinct from the access to uses on the first floor. ...e. Each apartment shall have at least one (1) on-site off-street parking space meeting the standards of this chapter, conveniently located for access to the apartment. ...f. Only the owner of the building in which it is proposed to locate the apartment(s) may apply for this special permit. The Board of Appeals shall require that that such applicant execute such agreements, contracts, easements, covenants, deed restrictions or other legal instruments running infavor of the town as, upon recommendation of the Town Attorney, the Board shall determine to be necessary to ensure that: (1) The apartment, or any proprietary or other interest therein, will not be sold to the tenant or any other party, except as part of a sale of the entire building in which the apartment is located. (2) The apartment is made available for year-round rental. (3) The apartment is properly constructed, maintained and used, and unapproved uses are excluded therefrom. (4) Any other condition deemed reasonable and necessary to ensure the immediate and long-term success of the apartment in helping to meet identified housing needs iai the community is complied with. 7. STANDARDS: The Board Members have considered the all standards for a Special Exception, and find that: A. That the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts Page 4 - Appl. No. 4317 Matter of EDWIN and DONALD TONYES Decision Rendered October 11, 1995 due to the established uses of mixed business, residential, and varied retail uses in the immediate area; 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 due to the established mixed business, residential and retail uses in the immediate area and the fact that the zoning code legally provides for this use; 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 because it is an authorized ham[et use and the property will become larger when merged with the adjoining westerly parcel (1000-62-1-13 & 14 combined); D. That the use will be in harmony with and promote the general purposes and intent of this chapter; E. That the use will be compatible with its ~;urrouudings and with the character of the neighborhood and of ;tie community in general, particularly with regard to visibility, ;>cale and overall appearance; F. That the building in which the propo-md use is hereby authorized is readily accessible for fire and police, protection (the fire department is three parcels distant from this property and the building must meet all fire code regulations). In making this determination, the Board Members also considered the following: A. The character of the existing and probable 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 encourage- ment 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. Page 5 - Appl. No. 4317 Matter of EDWIN and DONALD TONYES Decision Rendered October 11, 1995 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 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 recreational facilities, if existing or if proposed by the town or by other competent governmental agencies. 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 bu used within or adjacent to the plot wherein the use shall be located. I. Whether a hazard to life, limb 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 persotis 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. 0. Whether adequate provision cart and wiii 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 them without undue disturbance or disruption of important natural features, systems or Page 6 - Appl. No. 4317 Matter of EDWIN and DONALD TONYES Decision Rendered October 11, 1995 processes and without risk of pollution to groundwater and surface waters on and off the site. 9. DENIAL OF PLANS A AND B: The Board determines further that the applicants' two remaining requests for multiple uses by Special Exception is hereby denied for the following reasons: a) the land area requirement for each unit is 20,000 per use, or 60,000 sq. ft. - this project does not meet this requirement at 19,500+- sq. ft. of total land area (even while merging both parcels into one lot); and b) a building construction plan of the proposed layout of the building certified by an engineer as required by the State fire and building codes has not been submitted for coordination and further consideration; c) new entrances to the building, new driveway and other site plain elements have not been submitted for consideration, and coordination has not been made possible with the Town Planning Board who also would appear to have jurisdiction for multiple-use applications for site plan approval. 10. The second part of this request is for .ur 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-family dwelling (ref. Zoning Code Bulk Schedule). In considering the variance application pertaining to the nonconformi ties 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 claimed do not vioiate the permitted lot size or setback schedules of the Code pertaining to improved, preexisting nonconforming lots; (d) that there is no alternative which is feasible for appellant to pursue other than this variance since there is no other land area available; Page 7 - Appl. No. 4317 Matter o° EDWIN and DONALD TONYES Decision Rendered October 11, 1995 (f) in considering all of the above factors, the interests of justice will be served by granting a Special Exception for two apartments in a single building, as conditionally noted below. Accordingly, on motion by Chairman Goehringer*, seconded by Member Tortora*, it was RESOLVED, that Plans A and B are hereby DENIED for the reasons noted above, and BE IT FURTHER RESOLVED, that alternatively (as agreed by applicants), Plan C for two apartments* *within a single building, be and hereby is GRANTED A SPECIAL EXCEPTION, SUBJECT TO THE FOLLOWING CONDITIONS: 1. Applicants shall furnish to the Board of Appeals a copy of a fully signed and recorded deed describing both parcels, identified as 1000-62-1-13 and 14 as a single lot prior to obtaining a building permit from the building department and prior to obtaining a certificate of occupancy for the (proposed) two apartments; 2. There shall be no habitable floor area and no business activities in the subterranian area (basement or lower area); 3. The detached garage must remain accessory and incidental to one of the apartments and is not permitted to be used for separate rental purposes; 4. That the Building Inspector is hereby asked to inspect the conditions of the shingles on the easterly side to be brought to code (replaced) as determined by him to be proper; 5. That the two apartments conditionally approved shall be subject to the 9122/95 building inspector's letter of compliance and Joseph Fischetti's engineer report, as well as all other applicable codes and regulations; 6. That the two apartments conditionally approved herein shall be / above grade (not basement apartment area) as required by codes. located properly s s Ik GER RD P. EHRINGE CHAIRMAN **Apartment defined as a housekeeping or residential unit. APPEALS BOARD MEMBERS ~gOFFO(~ ~pp~ OGy Southold Tbwn Hall Gerard P. Goehringer, Chairman 53095 Main Road Serge Doyen CA Z P.O. Box 1179 James Dinizio, Jr. O Sollihold, New York 11971 Robert A. Villa 'y~ • p01~ Fax (516) 765-1823 Lydia A. Tortora 1 # Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD M I N U T E S REGULAR MEETING WEDNESDAY OCTOBER 11, 1995 A Regular Meeting of the SOUTHOLD TOWN BOARD OF APPEALS was held at the Southold Town Hall, 53095 Main Road,.Southold, New York 11971, on WEDNESDAY OCTOBER 11, 1995 commencing at 7:30 p.m. Present were: Gerard P. Goehringer, Chairman Serge J. Doyen, Member James Dinizio, Jr., Member Robert A. Villa, Member (arr. 7:20 p.m.) Lydia A. Tortora, Member Linda Kowalski, Board Assistant and Recording Secretary * 1. ENVIRONMENTAL DECLARATIONS UNDER THE N.Y.S. ENVIRONMENTAL QUALITY REVIEW ACT (SEQRA): Motion was made by Chairman Goehringer, seconded by Member Doyen, to declare lead agency status and, having inspected the property and reviewed the information furnished in the application, hereby adopt Negative Declarations for the following as Unlisted Actions under the N.Y.S. Environmental Quality Review Act, as listed on tonight's agenda: Appl. No. 4338 - WILLIAM WAGNER. Accessory sign for nonconforming use. Appl. No. 4340 - J. GRILLO. Fence heights. Appl. No. 4341 - JERAD MOTEL CORP. for restoring cooking facilities use as existed formerly in motel without need for septic systems. Appl. No. 4344 - AMAC, INC. - variance concerns internal access of building. (Notices under SEQRA as prepared follow on next four pages, also for the above.) Page 17 - Minutes Regular Meeting - October 11, 1995 Southold Town Board of Appeals PUBLIC HEARING items, continued: The next application was continued November 8, 1995 as requested by letter from the applicant and his agent: Appl. No. 4344 -AMAC, INC. (SUKRU ILGIN) requesting a Variance for relief of Conditions No. 3 and 4 of ZBA Determination rendered March 25, 1992. Property: 7400 Main Road, Mattituck (Laurel School District); County Parcel No. 1000-122-7-1. Zone: B-General Business. Motion was made by Chairman Goehringer, seconded by Member Doyen, and duly carried, to recess the hearing under the Application of Amac, Inc. (Sukru Ilgin) until November 8, 1995. This resolution was unanimously adopted. (End of public hearings. Meeting agenda continued to Item III, for deliberations and determinations, infra.) s * * s s s III. REMAINING DELIBERATIONS /DECISIONS: from tonight continued on the following pages in the order noted below: Appl. No. 4317 - EDWIN and DONALD TONYES. Appl. No. 4336 - PEGGY HELLER Appl. No. 4341 - JERAD MOTEL CORP. (a/k/a SUNSET MOTEL) Page 18 - Minutes & Resolutions Regular Meeting - October 11, 1995 Southold Town Board of Appeals FINDINGS AND DETERMINATION Appl. No. 4317. Application of EDWIN and DONALD TONYES. This is a request for a Special Exception under Article IX, Section 100-91B, for permission to convert existing building in this Hamlot-Business (HB) Zone District. 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. WHEREAS, public hearings were held on July 12, 1995, and September 13, 1995, at which times any and all persons who desired to be heard were heard and their testimony recorded; 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 areas; and WHEREAS, the Board made the following findings of fact: 1. APPLICANTS' REQUEST: This application is a request for approval of one of the following uses: (a) two-family dwelling use with retail store, referred to as "A"; (b) three-family dwelling, referred to as "B"; or (c) two separate apartments for rental purposes, referred to as "C." 2. EXISTING PRINCIPAL USE. The existing building is shown on the town's records as 1-1/2 story construction, plus one story at the rear portion of the building. A Certificate of Noncunforming Premises No. Z13809 issued August 31, 1985 indicates that the property is permitted to be used as a one-family dwelling with accessory buildings in what was then zoned "B-1 General Business," based on the July 11, 1985 survey prepared by Peconic Surveyors, P.C. { Page 19 - Appl. No. 4317 Matter of EDWIN and DONALD TONYES Decision Rendered October 11, 1995 3. SIZES OF BOTH PARCELS: As part of this application, the applicants are offering the merger of two separately owned parcels, as follows:' (a) the easterly parcel of 60.50' x 183.91 which is improved with a dwelling structure and accessory buildings; (b) the westerly vacant parcel which consists of a size of 40' x 182+- feet. Both parcels are located in the HB - Hamlet Business Zone District. 4. OCCUPANCY: Inspection by Board Members shows that there is more than tenant renting an apartment on the premises. Concerns have been raised (in writing) by one of the tenants which will need to ` be addressed by the owner with the enforcement officer (or building inspectors). These letters have been transmitted to the enforcement department since enforcement is not under the jurisdiction of, this Board. 5. CODE PROVISIONS: The code provisions relative to the use requested by applicants are noted as follows: a) Section 100-91B-2 for a three-family use, also referred to as a multiple dwelling; b) Section 100-91B-2 for a two-family use in conjunction with a retail store; c) Section 100-91B-2 for two apartments in lieu of a three-family use since a three-family use would require 60,000 sq. ft. of land area; Applicants are offering a second parcel for a double use (two apartment units). 6. OTHER CODE SECTIONS: Other provisions applicable to the Hamlet Business Zone District are as noted below: a) Section 100-913-4 which would permit an apartment over retail store or professional office subject to the following requirements: ...a. The explicit written approval of the Town Fire Prevention Inspector shall be obtained for tac design, location, access and other safety-related elements of every such apartment. No apartment shall be permitted over filling stations, stores retailing flammable or fume-producing goods, restaurants or other businesses with kitchens or other facilities producing intense heat or any other establishment which the Fire Prevention Inspector determines to pose a greater-than-average built-in fire risk. ...b. The habitable floor area of each apartment shall be at least four hundred fifty (450) square feet, but in no case Page 20 - Appl. No. 4317 Matter of EDWIN and DONALD TONYES Decision Rendered October 11, 1995 more than seven hundred fifty (750) square feet. The apartment sball not be located on the first floor of the building, and the apartment shall contain all services for safe and convenient habitation, meeting the New York State Uniform Fire Prevention and Building Code and the Sanitary Code. ...c. There shall be no more than three (3) apartments created or maintained in any single building. d. Each apartment, or common hallway ;ervic i two (2) or three (3) apartments, shall have a separate access to the outside of the building, which must be distinct from the access to uses on the fast floor. ...e. Each apartment shall have at least one (1) on-site off-street parking space meeting the standards of this chapter, conveniently located for access to the apartment. ...f. Only the owner of the building in which it is proposed to locate the apartment(s) may apply for this special permit. The Board of Appeals shall require that that such applicant execute such agreements, contracts, easements, covenants, deed restrictions or other legal instruments running in favor of the town as, upon recommendation of the Town Attorney, the .Board shall determine to be necessary to ensure that: (1) The apartment, or any proprietary or other interest therein, will not be sold to the tenant or any other party, except as part of a sale of the entire building in which the apartment is located. (2) The apartment is made available for year-round rental. t~ (3) The apartment is property constructed, maintained and used, and unapproved uses are excluded therefrom. (4) Any other condition deemed reasonable and necessary to ensure the immediate and long-term success of the apartment in helping to meet identified housing needs in the community is complied with. 7. STANDARDS: The Board Members have t:onsidered the all standards for a Special Exception, and find that: . A. That the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjucent use., districts Page 21 - Appl. No. 4317 Matter of EDWIN and DONALD TONYES Decision Rendered October 11, 1995 i due to the established uses of mixed business, residential, and varied retail uses in the immediate area; 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 due to the established mixed business, residential and retail uses in the immediate area and the fact that the zoning code legally provides for this use ; 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 because it is an authorized hamlet use and the property will become larger when merged with the adjoining westerly parcel (1000-62-1-13 & 14 combined); D. That the use will be in harmony with and promote the general purposes and intent of this chapter; E. Tbat 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, stale and overall appearance; F. That the building in which the proposed use is hereby authorized is readily accessible for fire and police protection (the fire department is three parcels distant from this property and the building must meet all fire code regulations). In making this determination, the Board Members also considered the following: A. The character of the existing and probable 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 anti the encourage- ment 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 sii-.:ets, 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. Page 22 - Appl. No. 4317 Matter of EDWIN and DONALD TONYES Decision Rendered October 11, 1995 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 noise. G. Whether the operation in pursuance of the use will cause undue interference with the orderly enjoyment byj the public of parking or of recreational facilities, if existing or If proposed by the town or by other competent governmental agencies. - . 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. 1. Whether a hazard to life, limb 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. t 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. 0. 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 important natural features, systems or Page 23 - Appl. No. 4317 Matter of EDWIN and DONALD TONYES Decision Rendered October 11, 1995 processes and without risk of pollution to groundwater and surface waters on and off the site. 9. DENIAL OF PLANS A AND B: The Board determines further that the applicants' two remaining requests for multiple uses by Special Exception is hereby denied for the following reasons: a) the land area requirement for each unit is 20,000 per use, or 60,000 sq. ft. - this project does not meet this requirement at 19,500+- sq. ft. of total land area (even while merging both parcels into one lot); and b) a building construction plan of the proposed layout of the building certified by an engineer as required by the State fire and building codes has not been submitted for coordination and further consideration c) new entrances to the building, new driveway and other site plan elements have not been submitted for consideration, and coordination has not been made possible with the Town Planning Board who also would appear to have jurisdiction for multiple-use applications for site plan approval. i 10. 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-family dwelling (ref. Zoning Code Bulk Schedule). In considering the variance application pertaining to the nouconformities 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 claimed do not violate the permitted lot size or setback schedules of the Code pertaining to improved, preexisting nonconforming lots; (d) that there is no alternative which is feasible for appellant to pursue other than this variance since .here is no other land area available; Page 24 - Appl. No. 4317 Matter of EDWIN and DONALD TONYES Decision Rendered October 11, 1995 (e) that the use proposed for two separate apartments within a single building, with a "double" lot (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 a Special Fxception for two apartments in a single building, as conditionally noted below. Accordingly, on motion by Chairman Goehringer, seconded by Member Tortora, it was RESOLVED, that Plans A and B are hereby DENIED for the reasons noted above, and BE IT FURTHER RESOLVED, that alternatively (as agreed by applicants), Plan C for two apartments' within a single building, be and hereby is GRANTED a Special Exception, SUBJECT TO THE FOLLOWING CONDITIONS : 1. Applicants shall furnish to the Office of the Board of Appeals (for acceptance) a copy of a fully signed and recorded deed describing both parcels, identified as 1000-62-1-13 and 14 as a single lot prior to obtaining a building permit from the building department and prior to obtaining a certificate of occupancy for the. (proposed) two apartments; 2. There shall be no habitable floor area and no business activities in the subterranean area (basement or lower area); 3. The detached garage must remain accessory and incidental to one of the apartments and is not permitted to be used for separate rental purposes; 4. That the Building Inspector is hereby asked to inspect the conditions of the shingles on the easterly side to be brought to code (replaced) as determined by him to be proper; 5. That the two apartments conditionally approved shall be subject to the '9/22195 building inspector's letter of compliance and Joseph Fisehetti's engineer report, as well as all other applicable codes and regulations; 6. That the two apartments conditionally approved herein shall be located properly above grade (not as a basement apartment area) as required by codes. *Apartments defined as separate housekeeping or residential units. s s s T APPEALS BOARD MEMBERS ~o~oSOFFOC~ ea h Gy Southold Town Hall Gerard P. Goehringer, Chairman o ~c 53095 Main Road Serge Doyen, Jr. W P.O. Box 1179 James Dinizio, Jr. o ye Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD PUBLIC HEARINGS BOARD OF ZONING APPEALS TOWN OF SOUTHOLD July 12, 1995 (7:30 P.M. Hearings Commenced) P R E S E N T: HON. GERARD P. GOEHRINGER Chairman SERGE J. DOYEN, Member JAMES DINIZIO, JR. Member ROBERT A. VILLA, Member LYDIA A. TORTORA, Member LINDA KOWALSKI, Clerk-Assistant to Board Page 20 Hearing Traveripts • Regular Meeting of July 12, 1995 Southold Town Board of Appeals Secretary L. Kowalski: She won't mind. She already mentioned it. chairman: She's very very nice. We have had sufficient, unbelievable, maybe you remember some of them, applications over the 280A action. Board Member Villa: I was reading that soil thing too. Chairman: This applicant is going to have to subscribe to some of this, or they are going to have to substantially, they are going to clip the house anyway. But there is going to be a substantial adherence I would say, if they want my vote to that. Board Member Villa: Yes, definitely. Chairman: I have no idea what they are paying for the property and at this point I don't really care. But it's going to cost them a phenomenal amount of money for erosion control on this piece of property. Board Member Villa: Yes. From the report we wmildn't be doing them a service approving this thing the way it is, because they are no going to have a house very long. Chairman: That's right. Board Member: Neither will the neighbors, eventually. Chairman: O K Hearing no further comment, I make a motion recessing the hearing until the next regular scheduled meeting. All in favor Aye. 8:16 Appl. No. 4317 - Edwin and Donald TonyeS.. This is a request for a Special Exception under Article 1X, Section 100-91B, for permission to convert existing building in this Flamlet-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 1000-62-1-13 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. Chairman: We have a copy of a survey produced by Peconic surveyors dated July 11, 1985 indicating a piece of property which is approximately 60.50 feet, so I guess that's 16 and one half on Main State Road or Route 25 by a variable 183.91. It tapers down to 54.12 in the back. The separate lot we have is by Tax Map. I have Page 22 - Hearing Trateripts • Regular Meeting of July 12, 1995 Southold Town Board of Appeals Mr. Tonyes: The only way you could prove that, we met an old lady 90 years old last summer. She tells us stories that there used to be a butcher there way back, a plumber there. Someone was living down there for awhile. But there's no records of this. Chairman: What did you find downstairs when you actually purchased the property? Was just an open room? Mr. Tonyes: The floor was rotting downstairs and had a smell of. The way they did the house back then, the would take a 4 by 4 wood and plant logs and lay a pine floor right over it. Maybe they redid this a hundred years ago, the only way to figure it tout. The smell, the toxic smell of the house that was so bad, you couldn't rent it to anybody even someone living on the second floor. First floor and second floor. Chairman: You mean, the smell of rotting wood. Mr. Tonyes: I had to dig the rotting wood up foi• a cement floor on the bottom. So this way, you wouldn't have this a;ood on dirt. Chairman: O K Mr. Tonyes: Most of that work I did by myself, with no help. Chairman: Good. There were no extensions put on the house. The size of the house is existing as it exists. Mr. Tonyes: Exactly the same as it always was, as wu bought it. Chairman: As you bought it. Mr. Tonyes: I would have to say probably about 65 years ago there was a bathroom extension. I'm sure you see pictures up there. It's about 6 by 6, it's on the side. Well, they never had a bathroom before. They used to have outhouses way back then so I think that's probably the newest part of the house. That little bathroom section there. But, from records those records got burnt h) a fire I guess, in late eighteen hundreds in Riverhead. It's exactly where the main part of the house was built. Dating back, say 1725, the newer section of the house which would be the back part of the house, that would be about 150 years old Chairman: Mr. Villa. Board Member Villa: My concern, I don't have a problem with what your proposing. My problem is granting something ? id not knowing Page 23 - Hearing Tra*ripts • Regular Meeting of July 12, 1995 Southold Town Board of Appeals if you meet the codes. In other words, when you get into two family and residents or three family you fall into different housing codes, and different fire codes. I would like to be sure, ahead of any decision that we have here, that that building meets codes or that you can make it meet the codes. I don't want to grant something and then have the Building Department come in and say, there is no way you can do it. I would rather have that up front before we can make a decision. Mr. Tonyes: You have to also bear in mind, that at the time the house was built, people living there two hundred fifty years ago, that, I don't know what the codes were back then. I don't have a book of codes. But, if the Building Inspector says do this, put this here, put this here, we'll do that. We'll comply to any of the alterations. Board Member Villa: No. You've got a 7 foot ceilitia upstairs with sloping ceilings, besides beyond that. Mr. Tonyes: You mean, the bedroom upstairs. Board Member Villa: That's right. I don't know v:liether that is going to meet any kind of codes. I would not feel comfortable making a decision whether this can meet codes. Chairman: What do you propose, Bob? Board Member Villa. I would like to have someone make an inspection from the fire and multiple housing sections to see it' this is going to meet codes, or are they going to need variances. Chairman: You're referring to someone in house or outer house? Board Member Villa: Whichever. Secretary L. Kowalski: Well, in house doesn't do it.. I've already checked. That's because they don't know what the specification are for the houses that are there today. You may have to come up with a building construction plan of the house as it exist:,, to show what codes it met when it was built or what it is. Board Member Villa: It was built as a single family or it's only approved a single family. Right. Chairman: You understand what we're talking about here. Mr. Tonyes. I understand exactly what you said. Chairman: No way do we want to make a decision without having. Page 24 - Hearing Tran*ipts • Regular Meeting of July 12, 1995 Southold Town Board of Appeals Mr. Tonyes: Absolutely. Chairman: We're not tearing the place apart, we're not criticizing it. We're not doing anything. That's what Bob Villa wants. O K So what we would suggest you do, get a hold of the local engineer, let him have a look at it and evaluate it on that basis. Board Member Tortora: Only one thing, the other thing here is, you're asking for either-or. Mr. Tonyes: I want you to understand something. Board Member Tortora: You're asking for either two family, or two family and a retail use, or multi family use. The bulking parking schedule is different for both. I don't know what I'm looking at right now. The bulking parking schedule is different for both. Also, your talking about 20,000 sq. ft. minimum for each use in this zone, so I'm sure what we'd be granting. It would depend on which ones you are going to go with. Chairman: I think this could be addressed also from the engineering evaluation. Mr. Tonyes: But I did clearly mention that at this time, that something has to be done, because if I don't generate income from this property, or if I cannot continue as I am now, generating income from this property, I won't have to bother coming here anymore. My point was: The reason way I went from A to B, like your saying there, I would prefer two family with a store. I think I could generate the most income out of it that way. If the Board says O K, lets go three families. You want to incorporate that piece of property on the side and well, I'll go along with whatever you want. Board Member Lydia: That's what we're trying to say to you. If it's going to be two families and a store, there is a whole set of different parking requirements, than they would be for three families, for multiple families. Mr. Tonyes: I understand. Board Member Tortora: I'm not sure what application is before us at this point. Chairman: Let's let the engineer look at it, and the engineer can refer to that situation. Then they can make a deturmination what way they want to go with that. Page 26 - Hearing Tra&ripts • Regular Meeting of July 12, 1995 Southold Town Board of Appeals Board Member Villa: Now, you can't do this. You have to address this to the codes, specific codes that fall into being when you go like from like a two family to a three family. Mr. Tonyes: Right Board Member Villa: They require certain floor areas with minimum ceiling heights. You have fire codes that fall into place. You have all kinds of things that get involved here. I just don't want to be in a position here of saying to you, O K, we're going to grant it and then find out, that you can't meet anything. It wouldn't make sense. I'd like to know up front, that you can meet all the codes and then we can address what your proposing and take it whichever way we think is best. Mr. Tonyes: O K Chairman: Sure, but if you have any questions on what we want the engineer to look at, have him call us. Mr. Tonyes: O K Chairman: All right, and myself and Mr. Villa or any of us will refer him to what we think we want. Secretary L. Kowalski: We'll mark mainly fire codes and : zoning codes. Chairman: Right. Secretary L. Kowalski: Is there anything else we could mention today? Board Member Villa: It's multiple residency codes, building codes. Board Member Tortora: Depending on what use. Wliat kind of area variances you need. Secretary L. Kowalski: Building and fire codes are the same thing, same codes. Chairman: We just suggested that you use someone that's familiar with the Town of Southold codes. Mr. Tonyes: O K Chairman: All right. Preferably not someone from New York City. I'm being facetious of course. Page 27 - Hearing Tratcripts • Regular Meeting of July 12, 1995 Southold Town Board of Appeals Mr.. Tonyes: Sure. Chairman: O K, when your 85 miles away, you don't kind of understand some of this stuff that we deal with. Because some of the stuff out here is older, as in this case. This is an older house. I'll refer to it as very old. It doesn't look very old, but I mean it is very old. The main structure. O K Board Member Tortora: It's not a artifact. Secretary L. Kowalski: It should be someone licensed in Suffolk County. Chairman: We thank you though for your honesty and your courtesy in showing us the place. We really appreciate that aced we'll see you back on August 9. If you have any questions, please give us a call. Thank you. Mr. Tonyes: O K Thank you. Chairman: Is there anyone else, just one second Joe, want to speak in favor of the favor of the application? Anyone want to speak against? Board Member Tortora: Well, what I wonder is, if you're holding this over, can I hold my comments? Chairman: Surely. Board Member Tortora: I'll speak at the nett meeting, I'd rather,I'm tired. Chairman: Good. I don't mean good, it's good that you will be able to come back. I have to watch what I say, sometimes. O K Hearing no further comment, I'll make a motion to recess the hearing until the next scheduled meeting. Board Member Villa: Second it. Chairman: All in favor say Aye. Thank you again for coming in. 8:34 P.M. Fairweather-Brown Arthitects: Appl. :t4322 - William Gordon. Variance based upon the May 24, 1995 Notice of Disapproval of the Building Inspector where applicant is requesting permission to construct garage and deck additions which will have insufficient front yard setcacks. Ref: Article 111A, Section 100-30A.3. Location of Property: 1030 Broadwaters Road, Cutchogue; County Tax Map District 1000, Section 104, Block 9, Lot 1. Page 58 - Hearing Tralecripts • Regular Meeting of July 12, 1995 Southold Town Board of Appeals Noreen Frey Prepared from tape recordings Page 016 - Hearing Transcripts Regular Meeting of September 13, 1995 Southold Town Board of Appeals 10:10 P.M. Appl. No. 4317 - Edwin and Donald Tonyes: (Carryover from July 12, 1995 for continuation). Property location: 55465 Main Road, Southold. HB Zone District. Chairman: This is the completion of Tonyes hearing and we'll ask either one of those gentlemen who have great patience sitting back there watching the entire evening unfold before them, if there was anything that they would like to add. Ed. Tonyes Jr: How are you tonight? Chairman: I guess I'm all right. It's been a long day. Secretary Linda Kowalski: Do you want to explain that the lateness is due to a fire drill earlier, Jerry? Chairman: As you know, we had a fire drill here. Mr. Ed Tonyes Jr: I heard. Secretary Linda Kowalski: We're running behind. We're not generally this late. Chairman: Is there something you want to say? Mr. Ed Tonyes Jr: Well. Chairman: You saw the engineer's report. You read the engineer's report. O K. Mr. Ed Tonyes Jr: You wanted someone that was familiar from the town to view the property and to see if there is a change to be done because the board was unsure of the possibilities there. Chairman: Right. Mr. Ed Tonyes Jr: And we made out the possibilities and although there will be a bit of expense to have everything, to meet all the codes, which I feel we'll have no problem. We have to get inspected by the building inspector again and he'll have to say, hay listen, this is what we want you to do. Do A. B. and C. at such and such time, reasonable amount of time to do it over. A winter project for us. Board Secretary Kowalski: We received a letter today from the Building Inspector saying just that. That it would have to meet alot of New York State codes. I'll give you a copy so you can have it and he even attached copies of the State codes. (To Board Members - It should be under your updates page of agenda that was in your boxes.) We just got it today. Page 021 - Hearing Transcripts Regular Meeting of September 13, 1995 Southold Town Board of Appeals Board Member Dinizio: I think that Ed, didn't your own engineer say that it's substantially underground. I thought you're own engineer's report said that it was underground, the basement, Joe Fischetti's report. Now he's the person you hired. Mr. Ed Tonyes Jr: That's right. I read in there and correct me if I'm wrong but he's saying that is a basement because it's more than 50% under the ground. That is what he's saying. Your engineer. Board Member Dinizio: He gave us a report. He was your person representing you, gave us a report, telling us that that piece of underground, that is underground, and just so you understand that. So you just have to follow those rules that apply to that, when it comes to the building department. In other words, all we're doing, all we're pointing out to you that, just because we say you can have it, doesn't necessarily mean that you can have it. You know, you're going to have to double sheet rock up there. Meet certain ceiling heights, exits, entries and there are alot of things. Fire extinguishers. I don't know if your wiring is going to have to be. They're more than us just granting you the right to have those apartments in there. Mr. Ed. Tonyes Jr. I understand that. Board Member Dinizio: And I guess basically, that's what this whole thing tonight is about. Mr. Ed Tonyes Jr. The building department is going to give me a list of things that I have to do. Board Member Villa: In the paragraph that Jim is referring to, he's talking about the 50% but I think the second part of that is the cruncher on it. It says, if it's a cellar, a retail use is allowed with one exit. If that exit opens directly at the exterior grade. Now your floor and that basement is probably 4 or 5 feet below sidewalk level. Mr. Ed. Tonyes Jr.: You step down three steps. Board Member Villa: All right. So it's three feet below sidewalk level. How are you going to get an exit out to the outside at exterior grades. Board Member Dinizio: And then they talking about ADA requirements, ramps. Mr. Ed Tonyes Jr.: And there is a side entrance too. 't'here is a side entrance where we could put a ramp in too. Board Member Dinizio: I think it's just to your advauiage, to know. Board Secretary: The building department won't give you a list. He's going to ask you for an architect's building plan certified by an engineer. Page a2 - hearing Transcripts Regular Meeting of September 13, 1995 Southold Town Board of Appeals Board Member Dinizio: And Joe (Fischetti) can do that for you. Secretary Linda Kowalski: And you had requested either two uses or three, right on your application. Right Mr. Ed Tonyes Jr. Right. Board Member Tortora: Can we vote on it separately? Chairman: We didn't even get to the voting. We're just closing this hearing. I mean, we're not definitely voting on it tonight because we're backlogged. Board Member Tortora: Can we do it separately. Secretary Linda Kowalski: Yes. Board Member Dinizio: We can make a motion, Lydia. Board Member Tortora: So we can consider three apartments. No, I want to know what they think. If your request was for three apartments or two apartments and a retail, right. Either, or. Mr. Ed Tonyes Jr. Right. Secretary Linda Kowalski: Or a two family. Right? Mr. Ed Tonyes: With an accessory. Secretary Linda Kowalski: No, you said with two use:; or three uses, total, altogether. Either two family with a business. Mr. Ed Tonyes Jr. Right. Secretary Linda Kowalski: Or two family. Right? Mr. Ed Tonyes Jr. Or basically a special exception for a two family with an accessory apartment. Board Member Villa: You're looking for three apartments or two apartments and a retail. That's what you're looking for. Board Member Dinizio: All right. Mr. Ed Tonyes Jr: I have to look into the retail end of it. Secretary Linda Kowalski: O.K. I'm going to read your application to you. It says, the application has been made to the building department for a two family dwelling. And then you make reference to Article 100-91112. Then you say, there is a letter addressed to the zoning board dated June 8, 1995. An application was submitted to your office requesting a change from one family to a two family with retail store. While the same is preferable, a three family Page 23 - Hearing Transcripts Regular Meeting of September 13, 1995 Southold Town Board of Appeals dwelling would also be preferable. O.K. So you have plans for three uses, either way? Mr. Ed Tonyes Jr. Yeah. Secretary Linda Kowalski: O.K. I must have misunderstood you. And then 100-92B. Chairman: You said 92. 91 or 92. Secretary Linda Kowalski: 92, you're on Section 100-.192, go to 100-92. Chairman: That's where I was. I'm still in the parking plan. Multiple dwellings and town houses. Secretry Linda Kowalski: O.K. In the HB zone you're allowed to have multiple dwelling provided you have a certain amount of land area, and the Tonyes have two lots. Chairman: Right. Board Secretary: They are both single and separate. I've checked that and they are willing to merge those. Chairman: Right. Secretary: To gain something. Chairman: O. K. Board Member Tortora: They would still be short on them, Linda. Secretary Linda Kowalski: They really should have three: lots, but - That's right. You are right (for three uses). Chairman: All they have is two. Board Member Villa: They have enough legally for two. Chairman: O.K. Is there anything else you want to say before we close the hearing? Mr. Ed Tonyes Jr. So in other words, we can't get an approval for either three family or the two family with a retail store. We would have to try and go with the two family, correct me if I'm wrong. Secretary Linda Kowalski: They would let you know to a decision. Mr. Ed Tonyes Jr. Oh, O K. Chairman: We don't know yet. page; / - Hearing Transcripts Regular Meeting of September 13, 1995 Southold Town Board of Appeals Board Member Villa: O.K. Mr. Ed Tonyes Jr. None of this is what you gave me. Chairman: We just got it today. Mr. Ed Tonyes Jr: Is this something brand new. Chairman: We just got it today. Mr. Ed Tonyes Jr: Do you want me to sit here and read this, the entire thing here. Chairman: No, I think what we'll do Ed is. We'll let you just resolve, you know, let you basically deal with it. You know, talk it over, you and your brother for about 15 minutes. We'll go on another item, and then you come back and talk to us about it. Mr. Ed Tonyes Jr: 0. K. Chairman: All right. Board Secretary: He had mentioned today that he (interrupted) Chairman: We're going to work on some of the stuff tonight and when you come back in, we'll reconvene. All right. Mr. Ed. Tonyes Jr: I'll just read it. Chairman: We'll be here a half hour. Hearing recessed temporarily to allow time for the Tonyeses to read the Building Inspector's memorandum. Hearing now reconvened: Chairman: O. K., Ed, you're on. Mr. Ed Tonyes Jr: We both read what you handed us. Chairman: Right. Mr. Ed Tonyes Jr: As far as this uninhabited use, when you say that, O.K., does the building department know what we want this for retail. Secretary: Yes. The same rule applies. Ed Tonyes Jr: And when he says more than 50% of it is above ground. I just want to stipulate that too of the lower level. O.K. And the , well according to, the biggest expense we'll have to put another entrance then on the side. So, if that's what they want us to do, we'll do it. Page S - Hearing Transcripts Regular Meeting of September 13, 1995 Southold Town Board of Appeals Board Member Dinizio: We were just trying to point out to you that, just us granting you something doesn't necessarily mean that you can have it. Chairman: Yes. Board Member Dinizio: They're are alot of requirements that you have to have. That's all. I want you to go into that, knowing that. Mr. Ed Tonyes Jr. In other words, you could grant us that but we still have to approve. Chairman: Yes. Board Member Dinizio: Well, we're going to have to answer that aloud. Board Member Tortora: Well, whatever we would grant you would be on condition that you comply with everything. The New York State fire code. What Jim, I think, is trying to say is, you have a tough road ahead. Chairman: On the front piece. Board Member Dinizio: It's none of our business but, I think it was good that we showed - show you that. You know? Mr. Ed Tonyes Jr. Right. Board Member Dinizio: And that I would feel comfortable knowing that if I made a decision that you knew all the facts. We didn't grant you anything, really. Mr. Ed Tonyes: Right. Board Member Dinizio: You asked us for something and all we really grant you is a that we agreed to that concept. Chairman: And the concept is physical Board Member Dinizio: Everything has to be pbysically, a whole other step and that's the step you hear, you read about in the paper. Board Secretary: There's one other thing too. I remember when Ed first came in and applied, I mentioned to him you have two lots. Normally that's for two uses and the board might be able to give you two uses. But you have to ask for it and he hasn't asked for that. So, I'm mentioning to you. Do you want the board to give you an alternative, if they deny the two that you've asked for already? Mr. Ed Tonyes Jr: Two uses meaning two family (two apartments)? Secretary Linda Kowalski: Two family (two apartments). And that's it. Paged - Hearing Transcripts Regular Meeting of September 13, 1995 Southold Town Board of Appeals Mr. Ed Tonyes Jr. By all means, yes. Otherwise I won't be able to pay for the property anymore. Secretary Linda Kowalski: Because if you didn't allow them, they couldn't do it. Chairman: You don't want to go that way. Mr. Ed Tonyes Jr. One family is not going to cut it. Chairman: Right. Ed Tonyes Jr. Two family isn't either, but it's better than one. Board Secretary: And you're willing to give up the other lot to merge it together in order to get the two family use? Ed Tonyes Jr. Yeah. Chairman: All right. Well, we're going to. Mr. Ed Tonyes Jr: We'd really like the three family use. Chairman: O.K., all right. In all fairness to you guys, I don't think we're going to get to it tonight. Ed Tonyes Jr.: Right. Chairman: 0. K. So it's going to float for a couple of weeks- so you know. Because, we haven't sufficiently digested everything at this particular point and you can see the lateness of the hour already. Do you know what I'm saying. Ed Tonyes Jr: Right. So, I won't be calling you up tomorrow. I don't blame you. Board Member Dinizio: Someone else might. Chairman: Any you guys are working tomorrow too? Ed Tonyes Jr. Yes. Chairman: And so are we. O.K. Chairman: Again, it's a pleasure meeting you both and we'll do the best we possibly can. We thank you for the engineer's report and we'll do the best we can. Ed Tonyes Jr. Thank you very much. The hearing was concluded at this point, pending deliberations and a determination at a later time (expected at the next meeting). s s s Prepared from tape recordings by Noreen Frey. Page 7 - Hearing Transcript Regular Meeting of August 9, 1995 Southold Town Board of Appeals 7:45 p.m. Appl. No. 4317 - Edwin and Donald Tonyes: (Carryover from July 12, 1995 for continuation). Property location: 55465 Main Road, Southold. HB Zone District. Chairman: Gentlemen, I need a motion postponing or continuing postponement of Edwin and Donald Tonyes, and Ladies I should say excuse me, second all in favor say aye. 7:50 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 and further postponement from July 12th per request of attorney for applicant. Location of Property: 580 Basin Road, Southold, NY, <paradise Point Section One, Filed Map 3761-4/11/63; also known as 1000-81-1-16.7 (formerly part of 16.4). This request is based upon the March 29, 1995 action of disapproval by the Building Inspector, wherein applicants are requesting a building permit to locate a new single-family dwelling, disapproved on the following grounds: "1. This parcel of 1.79 acres is not shown on the Map of Paradise Point, Section One, as a building lot: Section 100-281A-7. Single and separate search required back to 1957. 2. Approval required by Board of Appeals to build single-family dweklling as a second use on this 1.79-acre parcel. R-80 Zone requires 80,000 sq. ft of land area (or 160,000 sq.ft.), Article 111, Section 100-30A. 3. Approval is required from Board of Appeals under Article xxlll, Section 100-239.4B for location of dwelling with decks at less than 75 feet from existing bulkhead... Chairman: We go over to the Miller application or contract vendees, Paradise Point. How are you tonight? Annette Eaderesto: Good evening Mr. Chairman and the Members of the board. Annette Eaderesto for the applicant. This application as the board knows, was held for additional information and I believe it was supplied to the board. And also during the adjurnment we had various meeting with the Associatioin and some of the people that came in opposition to the application, to see if we could resolve the matter that way. I don't think we have been too sucessful but I'll give you a brief rundown. First I'd like to address some of the matters the board requested in their last letter. I've giving the board a new printout of the parcel, and one of the concerns was, in our original hearing we asked for 51 foot setback from the bulkhead. What we have done is, we relocated the proposed resident and removed the deck to create a greater setback from the bulkhead. Now what we have is a 65 foot setback to the house itself and a 63 and a 60 foot setback to the deck. The board also asked us to show page 8 - Hearing Transcript Regular Meeting of August 9, 1995 Southold Town Board of Appeals some other setbacks in the area. On the surveys presented you can see the adjoining house has a 58 foot setback. But I've also pictures is sometimes is worth a thousand words. We have an area here that shows the area of the point and the other houses in that area that are, the board can see this, this is the subject premises and this is the turnaround area which we will speak of in a little while. This is where the post houses, this house is 58 foot back from the bulkhead, this is even closer. And if you look around this side you can see the houses, this is also bulkheaded also or closer to what we requested. Which is now as I said 65 foot back from the structure, 60 back to the deck, and 63 back to the deck. Chairman: Maybe I could ask you to put this down here and we will take a little. I don't know if there is anyone down there, hard enough to Hard enough to. Can we give them a couple of files. Why don't you take these two files. We will take a little recess so everybody can look at it later. Annette Eaderesto: Thank you. Chairman: Thank you. Annette Eaderesto: So in this way, the applicants tried to move the house back to address the board's concerns with the setback variance. The board also requested that the land should be shown on the survey between the easement area, which is used for the boat basin purposes and what we'll call the building envelope area. The survey presented shows that, if we carve out the easement area which is shown as parcel B and we're also not counting that pier area that was filled land that no one has title to. Then we have a parcel A, is the building area parcel on the survey shown. That becomes 53,300 square feet and if we were ever to deed off this parcel, which the applicant has no objection too if the board would look favorably at this application. If we do this, the delineation of two separate parcels, instead of the 1.7 acre area, we have a 1.33. acre area left in the building parcel area. Finally the board indicated that we try to meet an hash out some problems with the association and some of the people that came to voice objections at the last hearing. And we did try to do that. I did meet with there attorney and I think the association met. But we weren't too sucessful in addressing or satisfying what they requested. What the board has before them, is our last proposal which was for a turning area and a parking area in the easternly end of the property. It's basically what they use for the parking area now, although the turning area now, as you can see from aireals is much further to the west of the property. This proposal was not acceptable to the people who came in opposition to this application. We believe that this proposal did address some of there concerns regarding access of emergency vehicles, access of utility of vehicles and the ability to turn around. This area would have all been improved with a stone blend as the board can see from the survey provided. It would have been a permanent surface and it Page 9 - Hearing Transcript Regular Meeting of August 9, 1995 Southold Town Board of Appeals would have been a well maintained surface. It also provided parking area for the boat basin use. The application as ammended, I believe addresses all the concerns of the board and the residence while still allowing a proper building area for a lot and this particular lot, especially. To allow the use of the existing turnaround in this lot would basically here make this lot effectively prohibit the development of a house here, because it would cut off the entire westerly side of this property. We already have some practical difficulty with this lot because we have a DC problems that we will have to address if we go further here with setbacks from the boat basin area. As you see, there has been alot of erosion on the survey in that area, and we are going to have further variances as you can see that we just found out about. So, at this point if the board has any questions I'd be happy to try to answer them. Chairman: Bob. Board Member Villa: I'm just waiting here as we go along. Chairman: O K. Jim Board Member Dinizio: Did you say you're going to deed this variance? Annette Eaderesto: That was one of the requests at one of the various meetings. If this application was sucessful and as we show here, we were no problem with doing a separate deed. Chairman: Lydia. Board Member Tortora: What did she say, that the size is approximately. Annette Eaderesto: 53,300 square feet and 1.33 acres. Board Member Villa: That's parcel A. Annette Eaderesto: Yes, parcel A. The building area. I'm sorry. Did you ask me for the area of the building area or. Board Member Tortora: The building area is 1.3, I've got that one. Parcel B Annette Eaderesto: Parcel B would be the remainder which was 1.79 so that would come out to .46. Chairman: Serge. Board Member Serge: No Chairman: 0 K Page 10 - Hearing Transcript Regular Meeting of August 9, 1995 Southold Town Board of Appeals Board Member Villa: I do have a question. I think at the last time I asked if the applicant would consider scaling down the size of the house. Because the house here is about 76 by 76. Annette Eaderesto: All right. It's a one story house though. It looks, the foot print looks large. We're only even with the reduced lot area if you just count the 53,000 square feet. With the square footage here, we're only still using 10% of this lot for building area. And we would really, I mean devoted, the plans are here that were requested. We devoted alot of time to the plans and how this would sit on this piece of property. We really tried to keep this, if we can to this size house. But we did address your concern about the setback by turning the house. Chairman: I guess that leaves me to ask you a question? I don't know if we brought the question of easements up before. Have you run a title and search on this? Annette Eaderesto: Yes, we presented the title report with the easements on it the last hearing. There is a deeded easement area. Chairman: Good, go ahead. Annette Eaderesto: That is a little bit different then what we have here because we gave some extra area because it eroded. Also, the 10 foot, where we would like to put our well, that is also included in the easement area of Basin Road, which if we could deed it separately, we would like to keep that 10 foot. Basically, the easement does follow the parcel B area and it is a easement. Chairman: I appreciate you restating that O K, but I was referring to mainly the building area itself. Did the title report pick up any easements within that particular area. Annette Eaderesto: No, did not. Chairman: Is there any future ideas you may have in reference to what you may be doing with the Association or with the Corporation as it exists so that if the Association or the Corporation gets any closer in reference to any types of unitiminity. Annette Eaderesto: At this point, we've tried to. There are two fractions from the Association that I'm sure you will probably hear from tonight and they seem, right now that they are pretty far apart. We're not really part of the Assoication so we're kind of in a strange position in that way. We've tried to deal with.I've met with Mr. Cuddy who represents some of the opposition in the Association. And we've met with a representative of the Association, three Attorney's met to try to work something out, but we weren't sucessful. Page 11 - Hearing Transcript Regular Meeting of August 9, 1995 Southold Town Board of Appeals Chairman: O K I just have one other request tonight which is not a terribly costly one. It will continue. We would like to seen more unitimity conceiveably. I mean, It's a very unique piece of property. I'm sure you are going to continue with. If you're not going to, let us know, that's the situation. All right, O K thank you. Mr. Miller, is there anything you woild like to add at this time? Mr. Miller: No, not at this time. Chairman: Thank You. Is there anyone else that would like to speak in favor of this application? O K Anybody that would like to speak against the application or constructive comments. How are you Mr. Charles Cuddy? I would try to have constructive comments if I may., if iI could take a choice. I'm Charles Cuddy and I represent Mr. & Mrs. Cureuru who have property immediately to the east of the subject parcel. I also represent Mr. & Mrs Berry whose property is approximately 250 feet south of the subject parcel. And there are other people who have joined with them but in particular I represent the Cureuru & the Berry's. Neither of those people or any other people I representing oppose land use and it's opposed residential use of the land. But that involves certain considerations and one of the considerations is the right of others to or over the parcel of land we are talking about. I would like to address the considerations that the board has set forth in it's notice tonight. You have three considerations. The first one is that the parcel at 179 Acres is not shown on the Map Building line. I would like to together with the third one, which is approval prior with the board of Appeal for location of the dwelling with decks of less than 75 feet. Those two are basically are area type considerations and I think it brings us to 267 B Town Law. 267 B of course, is a criteria for granting variance. I'll just quote from two sections so I can get into the concerns of my clients. One of those sections says, whether an undesirable change will be produced in the character of the neighborhood or a determent to nearby properties, will be traded by granting of the area. Another one number four, it says whether a proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood. One of the problems that we have and it relates right to those two considerations is the road. The road that is called Basin road extends directly from the area in front of Mr. Cureuru house and his neighbor across the street Mr. Maynard, right into this property. Initially, I don't believe it was shown on the maps. On some of the proposals that are presented to the board, it's not showing either. On the recent maps of the title May 31, and July 26 additional. It's absolutely fundamental this application consider that road. And I don't think that it can be ignored. I'm afraid that, that sometimes happens with the way the application was presented. I would like to offer up and include as part of the evidence before you, the map of Paradise Point which is dated April 11, 1963. Can I hand that map over. Page 12 - Hearing Transcript Regular Meeting of August 9, 1995 Southold Town Board of Appeals Chairman: Certainly Mr. Charles Cuddy: Thank you Sir. The reason I give that map up is because it shows on there future extension of the road. Basically, the road that is paved which shows on the map Van Tyle, the latest two maps paved carefully through that property. That's virtually a unique map. I've gone over that with certain title company people. None of us, and the people I've gone over with, have been in the business over forth years have never seen a future extension road on a map. I think that has to mean something and they think that has to mean something too. What we think it means is that it was intended the time that was on there, that people could rely that there was going to be a road in that fashion at that site. The people that I represent that lived there for more than thirty years, they used that road asit is, over and over again. The road is half paved. It was paved by the Association. The remainder of the road is paved but it has a turnaround. That turnaround is indispensable to that part of the community because that how trucks get in and out. If you go down the roads, Basis Street and related roads in Paradise Point, they are narrow roads very difficult to get in and out. 05/15/1996 08:49 7655180 60UTIAX-D AUTOMOTIVE PAGE 02 i `I rrOROP) FC247 . - . CJ 96 FED 29 A)i J0: 55 n 5 ATF - c_,r_ex,r or TORRENS FF8 So W6 D Q'01J(rY NSFER TAX x ; UFI OLX ~'tHy 5 1ft N V ~N Mortgage Instrument Deed / MaRtgage Tax Stamp ding / Fit ng tamps . RBA / egFas . , Mortgage Amt. - 1_ Basic Tax . 2. Additional Tax Sub Total _ i t ZQ Spec./Aasit. #A-J21'*t1nty) S Sub Tom) 4 or *A,52IXStle) o+7S • _ 1' Spec. /Add. . tp.T.S1. _LL- • - TOT.,MTO. TAX Dual Town Dud County Comm. df AL S • Held for Al;Wl oamant 1?ftidadl( , • Transfer Tax Pd y . _11[-i Mansion Tax The property covered this mortgage Is or will be improved by a a one or two family Sub TOW Y 7 dwellinsonly. 4116ar - YES . or NO t ; GRAND TOTAL If NO, we appropriate tax clause on page N yY • of this instrument. PAW Property Tam Service Apaey Verification "?iP Title Company Information Dot. Section Block Nona 1000 062.00 01.00 014, q,:,0 Company Name Title Number ! FEE PAID BY: %dw$n A. Tonyea, Jr. Cash.-_._.__ Check Charge °409' Flrst St. Payer same as R t4 R eanpore, NY 11944 (Or if different) i NAME:, ADDR.ft.4S: CORD URN TO ADDRESS Suffolk Count Recolydin Endorse-meat Psi e ltthl;page forms part of the attached Bargain d; Sale t, dd made by: (S EC[FY T LT'E. OF Ir4,-,- NEN t ) , dwfn A. TonY:•s and Donald it. Tonya% The premises hctrin a:dtusied in SLn-'FO'-K COUNTY: NL' YORK. TO uttitcTc.wnshlpof_,y•••«^,w s'QW;n A. Tonye¦ and Margaret Tonye¦ rndjDonald H. Tonyes aft the VILLAGE orHAMLBr•of seuti.eld BOS 4THRu 9 MUST BE TYPED OR PRINTED BLACK INK ONLY PRIOR TO RECORDING OR PILING. r 11~~11`` ft~r. I p r - TI4TS INDENTURE, made the all, day f80axNr, eteen hundred and ninety . t .z `'at 2155 J Creek Drive, Southold, New York, BETWEEN EDWIN A. TONYES to" 11971; and DONALD H. TONXES, f0lidit at 514 Fluit treat, Greenport, New York, 11944 L t party of the first part, and TON husband and wife, both residing at EDWIN A. TONYES and MARL T 11 2155 Jockey Creek Drive, Southold, New ork, 11971 d DONALD H. TONYES, residing at ` '514 Flint Street, GreenPort, New York, 11 parry of the second part, 1 WnWESSETH, that the party of the first are, in wnaid~ration of Ten Dollars and other valuable consideration paid by the party of the past, does 1~erdry grant and release unto the party of the second part, the heirs or successors Ift assigm of Q party of the second part forever, l ALL that certain plot, piece or parcel of I with the b ldings and improvements thereon erected, situate, lying and being in Southo Town of S thold, County of Suffolk and State of { New York, bounded and described as fall V BEGINNING at a monument on the no ly'side of Road (N.Y.S. Route 25) distant 84.5 feet westerly when measured along the a erly side of Road, from the corner formed by the intersection of the northerly side of In Road with a westerly side of Boissew Avenue; i • THENCE South 77 degrees 57 minutes 4 seconds W along the northerly side of Main Road, # i 60.50 feet to a monument and land now o forrnorly of rge Steltzer; THENCE North 11 degrees 25 minutes 2 seconds We along said last mentioned land 183.91 feet to a monument and land now or fo ly of Pauline, ednoski; f t k THENCE North 75 degrees 00 minutes 3 seconds along said last mentioned land 54.12 Enj " feet to a point and land now or formerly Tr~Bpottg S.A. Panama; } e{ r M X THENCE South 13 degrees 24 minutes seconds Ess along said last mentioned land, passing through a monument and along land now t formerly of alter Adamson,186.75 feet to the monument on the northerly side of Main ad at the po t or place of BEGINNMG. 4 BEING AND INTENDED TO BE the saite promisee 0110 conveyed to the parties of the first part r a..a aAteA June 28. 1991 recorded in . of ice of the County Clerk on July 24, 1991 in Libor , F 11764 K247 ' Y'd STATE OF NEW YORK, COUNTY OF "OLK) ss.: i ~rJo.M~t On the an day of useswj ar, 1991?,Wpre me per Tonally came DONALD H. TONYES to me known to be the individual- describod, m and who dxecuted the foregoing instrument, and acknowledged that he executed the saute. etarv Duh is 05/15/1996 08:49 7655180 SOUTH LD AUTOMOTIVE PAGE 03 7+ TOGETHER with ap right, title and ' , any, of & pay of the first part in and to any streets and roads abutting the above descri premises to the center lines thereof TOGETHER with the appurtenances and all the estate rights of the party of the first part in and to said ,fremises; TO HAVE AND TO HOLD the remises h granted unto the party of the second part, the heirs or successors and assigns of party of second part forever. l AND the party of the first part covenants t] at the party; the first part has not done or suffered anything whereby the said promises haves been eneumbbred in any way whatever, except as 44 litbrosaid. AND the party of the first part, in cornpli with Sectio 13 of the lien Law, covenants that the party of the first pat will receive the coed -on for s conveyance and will hold the right to -receive such consideration as a trust Amd be appli ed for the purpose of paying the cost of the improvement and will apply the same rst to the of the cost of the improvement ~e re using any part of the total of the am ; for any of purpose. The word "party" shall be construed as if it cad "pities" whenever the sense of this indenture so requires, of first part my tad this deed the day and year IN WITNESS WHEREOF, party first above written. C V • tNwasstraoF: a(. V v 1I' t 4 t•~V STATE OF NEW YORK, COUNTY OF OLK) U.. On the a'1r-"' day ofd , 1 before me pnally carne EDWIN A. TONYES to t s me known to be the individual desce in and who ecuted the foregoing inmument, and ? acknowledged that he executed the same. ota Public M , VEj It pIl , jyebpp-.ggile vAn*P wacwa"w6wQ m& r • l!,ie1M&mQ COMWLT YOUR IAYYN E FO R MW O TM -TM M{M WW WOULD K WED N LAWMW a+Lr. ~ ; i F ' ~y a F VOt4 Pab6o LMDA M. VIM iElw~ ~ 4 li i f ~ . ~ y 4 y 4 : y~ aY. A All" •i' a i s, i. , ` Q S~EFOIK~~~ JUDITH T. TERRY Town Hall, 53095 Main Road TOWN CLERK O T P.O. Box 1179 REGISTRAR OF VITAL STATISTICS Southold, New York 11971 MARRIAGE OFFICER `YQ Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD APPLICATION FOR PUBLIC ACCESS TO RECORDS INSTRUCTIONS: Please complete Section I of this form and give to Town Clerk'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. TO: W u C ~U~ Q_~ to (Department or Officer, if known, that has the information you are requesting.) RECORD YOU WISH TO INSPECT: (Describe the record sought. If possible, supply date, file title, tax map number, and any other pertinent informat. n.) L f % Signature of Applicant: Printed Name: O Address: 3 ~ts_C e7w C tiVy 1 ! Mailing Address (if different from above): q Telephone Number- Date: ! I ] APPROVED [ ] APPROVED WITH DELAY* [ l DENIED* RECEIVED MAR 1 8 1996 Judith T. Terry TOWRDCltFk S000111 reedom of Information Officer * If delayed or denied see reverse side for explanation. TOWN OF SOUTHOL.D OFFICE OF BUILDING INSPECTOR TOWN HAIL SOUTHOLD, NEW YORK CER'T'IF'ICA'TE OF OCCUPANCY NONCONFORMING PREN41SES THIS IS TO CERTIFY that the i /fir( Land Pre C.O.- Z138o9 Building(s) Date- August 31 1985 Use(s) Ii l), , located at 55465 MAIN ROAD SOl)•1'1I01.1) Street ` Hamlet shown on County tax map as District~I~0, Section 062 Block 01 Lot -014 does(not)conform to We present Building Zone Code of the Town of Southold for the following re a14 s: Insufficient total area. Insufficient side yard setback on accessory garage. Insufficient side yard setback on accessory shed. Insufficient front vard & vldeyard setback on residence. On the basis of information presented to the Building Inspector's Office, it has been determined that the above nonconforming fiX/ Land )t 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 ar)d use for which this Certifi- cate is issued is as follows: Property contains one story, one family, wood framed dwelling with an accessory shed; an accessory garage; and fenc- ing. Property situated in the B-1 general business zone with access to -lain Rnad; a state maintained highway. The Certificate is issued to SALVATOItE CATANZARO (owner, 10)M,)69XoUX1dU%M)1) of the aforesaid building. Suffolk County Department of Health Approval NIA I UNDERWRITERS CERTIFICA'T'E NO. N/A NOTICE IS HEREBY GIVEN that the owner of the above premises HAS NOT CONSENTED TO AN INSPECTION of the premises by the Building Inspec- tor to determine if the premises comply with all applicable codes and ordLn- ances, other than the Building Zone Code, and therefore, no such inspection has been conducted. This Certificate, therefore, does not, and is not intended to certify that the premises comply with all other applicable codes and regula- tions. 1 ~ L L n.c GC~---. Eluilding'insp'ctor gUFFOI~-earn APPEALS BOARD MEMBERS h`lOyA o° s Southold Town Hall Gerard P. Goehringer, Chairman nxi 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 Administrative Code, The Board of Aapeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Ccmissian: Variance from the Zoning Code, Article Section Variance from Determination of Southold Town Building Inspector XX Special Exception, Article IX Section 100-91B Special Permit Appeal No4317 SE Applicant: Edwin and Donald Tornyes Location of Affected Land: n/s Main Road, Southold, NY County Tax Map Item No.: 1000- 62-1-14 and 62-1-13 Within 500 feet of: Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) _x 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 Orainaae 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 convert existingbuilding in tnis Hamlet-Business Zone. Copies of Town file and related documer.zs enclosed for your review. Dated: October 19, 1995 T a ri 155 Jockey Creek Drive MAY 1 6 p N ! s Southold, New York 11971 May 16, 1996 Southold Town Board of Assessors Southold Town Hall 00pr Main Road Southold, New York 11971 RE: MAIN ROAD, SOUTHOLD, NEW YORK SCTM 1000 - 062.00 - 01.00 - 013.000 AND 014.000 Gentlemen: Enclosed herewith please find 1. Bargain and Sale Deed dated July 27, 1987 recorded in the Office of the Clerk of the county of Suffolk on July 20, 1987 in Liber 10369 at Page 5; and 2. Bargain and Sale Deed dated February 27, 1996 recorded in the Office of the Clerk of the county of Suffolk on February 29, 1996 in Liber 11764 at Page 247; Please be advised that the two (2) parcels are now in the same identical names. We hereby request that you merge both parcels for tax purposes. We consent that these two (2) lots be merged and we are writing this letter to effectuate this change to one lot and to comply with a certain special exception granted by the Southold Town Zoning Board of Appeals. Very rely yo 'n A. on s Margar Tonyes es n /lmtenclosure cc: Southold Town Zoning Board of *ppeals Goy =s- x Standard N.Y.IS,T.C. Form 8002+ 1181-30. and 8ele l)eeeed,t (wltth Covenant against Grantor's Acts Individual or Corporation. (single shoet) CONSULT YOUR LAWYER BEFORE 5 ,~lr~ na!INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. 10369 K 5 MAY 1 6 iySe QnIfeenh 50 e 17 THIS INDENTURE, made the da of July ttfdred and eighty-seven ~OD BETWEEN L ANN ARACRI, residing at (No#),SylvesEer Road, Wading River, New York 11792, PATRICIA DiCARLO, residing'at (No#) Russell Drive, Wading River, New York 11792'-and-'MILDRED DiCARLO, residing at 29 Cottontail Road, Melville, New York 11747, respectively, party of the first part, and EDWIN A. TONYES and MARGARET TONYES, his wife, and DOfiP.LD IaTYE,S, all residing at (Dlo#) Joclreg Creek Drive, Southold, New York 11971 party of the second part, WITNESSETH, that the party of the first part, in consideration of Ten Dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ' ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the at Southold, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the northerly line of Main Road at the southeasterly corner of the premises and the south- westerly corner of land of George Stelzer, said point or place of beginning being distant 145 feet westerly from the corner formed by the intersection of the northerly side of Main Road with the westerly side of Boisseau Avenue; THENCE along the northerly line of Main Road, South 77 degrees 57 minutes 40 seconds West, a distance of 45.0 feet to land of Thompson; THENCE along said land of Thompson, North 11 degrees 24 minutes 20 seconds West, a distance of 182.12 feet to land of Pauline Bednowski; THENCE along said land of Pauline Bednoski, North 75 degrees 39 minutes 40 seconds East, a distance of 45.0 feet to said land of George Stelzer; I THENCE along said land of George Stelzer, South 11 -ivkk degrees 25 minutes 20 seconds East, a distance of 183.91 feet \ to the point of BEGINNING. BEING AND INTENDED TO BE the same premises conveyed to the grantor herein by Deed dated September 9, 1985 and recorded in the Suffolk County Clerk's Office on September 25, b 1985 in Liber 9882 cp 332. TAX MAP DESIGNATION V 00 TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances See. and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO 062.00 HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of Bit. the party of the second part forever. 01.00 Lot(s): 013.000 AND the party of the first pant covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. ' AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the firit"atiWilLl"iaygtt It for this conveyance and will hold the right to receive such consid- eration aRa (1}tOrfylgd3iQ, R 1 or the purpose of paying the cost of the improvement and will apply APIr the same utgGat~d~ p r~ ff eof the improvement before using any part of the total of the same for any other put4)re, p,: The word "party' 'sh~t~ ~e cbnsf4ued as if it read „parties" whenever the sense of this indenture so requires, IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written, Ann Aracri Patricia DiCarlo -~zC P . 4. Mildred DiCarlo xwfi K, COUNTY OF Suffolk SR: STATE OF NEW YORK, COUNTY OF SS: On the 10th day of Ju1Y 1987 , before me On the day of 19 before me personalty came ATIrt Aracri, Patricia DiCarlo personally came and Mildred DiCarlo to me known to be the individual s described in and who to me known to be the individual described in and who executed the foregoing in u ent, and acknowledged that executed the foregoing instrument, and acknowledged that they executed the executed the same. RUDOLPH N. BRWR NGWVPU"9SMdN@WyWk OwAnwdw Evko MW4h 3% U1N SS: STATE OF NEW YORK, COUNTY OF SS: STATE OF NEW YORK, COUNTY OF On the day of 19 before me On the day of 19 before me personally came personally came to me known, who, being by me duly sworn, did depose and the subscribing witness to the foregoing instrument, with say that he resides at No. whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. that he is the that he knows of the corporation described to be the individual in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed described in and who executed the foregoing instrument; to said instrtftent is such corporate seal; that it was so that he, said subscribing witness, was present and saw affixed by order of the board of directors of said corpora- execute the same; and that he, said witness, tion, and that he signed h name thereto by like order, at the same time subscribed h name as witness thereto. 36arsain ant #pale 3®eet SECTION WITH COVENANT AGAINST' GRANT'OR'S AC'T'S BLOCK TITLE NO. LOT COUNTY OR TOWN DiCarlo et al TAX BILLING ADDRESS TO Recorded At Request of The Title Guarantee Company Tonyes RETURN BY MAIL TO: Michael J. Hall, Esq. STANDARD FORM OF NE==by BOARD ERS 1050 YpUT1QS Avenue Southold, New York 11971 TNZip No. A t c m rv C> r m W Lr!' d it qo- O o AAN9 ( -"m E< o T iV ~ Cf{ ..E c 0 'T O a m t. n r r~r,: ~ V. s X W i N N S r W 7 23334 rrr_,ORDED n 0 - 0 96 FEB 29 AM 10: 55 11'764 PC247 8 fYrCl VED ED4i~•r, 'y Rg ::STATE CLEii; Of Number ofpages SUFFOLK COUNTY TORRENS FEB 24 1996 Serial N TPANSFER 14 Certificate N SUFFOLX ~ 233 COPY Prior Ctf, # Deed / Mortgage Instrument Deed/ Mortgage Tax Stamp Recording/ Filing Stamps x`q FEES Page/ Filing Fee Mortgage Amt. _ Handling -5 1. Basic Tax _ TP-584 to . _ 2. Additional Tax Notation Sub Total _ EA-5217 (County) 'S Sub Total SpecJAssit. ~c or EA-5217 (State) Spec. /Add. R.P.T.S.A. TOT. MTG. TAX Comm, of Ed. 5.00 a, Dual Town Dual County Held for Apportionment Affidavit tea' - Transfer Tax Certified Copy Mansion Tax _ The property covered by this mortgage is or Reg. Copy q will be improved by a one or two family Sub Total 1 dwelling only. Other YES or NO GRAND TOTAL 7. _ If NO, sec appropriate tax clause on page b of this instrument. Real Property Tax Service Agency Verification aG" Title Company Information Dist. Section Block Lot 4. None ` ta~F 1000 062.00 01.00 014.000 Company Name 9 R- ate2 Title Number [ni FEE PAID BY. LGreenport, onyes, Jr. Cash Check Charge St. Payer same as R & R NY 11944 (or if different) NAME: ADDRESS: RECORD & RETURN TO i 1 (ADDRESS) Suffolk County Recording & Endorsement Page This page forms part of the attached Bargain and Sale Deed made by: (SPECIFY TYPE OF INSTRUMENT) Edwin A. Tonyes and Donald H. Tonyes Ttte premises herein is situated in SUFFOLK COUNTY, NEW YORK. TO In the Township of cn„rt,oi d Edwin A. Tonyes and Margaret Tonyes and Donald H. Tonyes In the VILLAGE or HAMLET of _ BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRY ?R DING OR FILIN( r 1d D , Con SI d2J~.0-~ Z7fl . F. S002,Bvpin and S k Deed with CovenW Wunst armtols Adl lndm&W w Cotpnntimt (Single sheet) CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. THIS INDENTURE, made the ate(-, day of Dee bere , mbeteen hundred and ninety- BETWEEN EDWIN A. TONYES residing at 2155 Jockey Creek Drive, Southold, New York, 11971; and DONALD H. TONYES, residing at 514 Flint Street, Greenport, New York, 11944 party of the first part, and EDWIN A. TONYES and MARGARET TONYES, husband and wife, both residing at 2155 Jockey Creek Drive, Southold, New York, 11971 and DONALD H. TONYES, residing at 514 Flint Street, Greenport, New York, 11944 party of the second part, WITNESSETH, that the party of the first part, in consideration of Ten Dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in Southold, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a monument on the northerly side of Main Road (N.Y.S. Route 25) distant 84.5 feet westerly when measured along the northerly side of Main Road, from the corner formed by the intersection of the northerly side of Main Road with the westerly side of Boisseau Avenue; THENCE South 77 degrees 57 minutes 40 seconds West along the northerly side of Main Road, 60.50 feet to a monument and land now or formerly of George Steltzer; THENCE North 11 degrees 25 minutes 20 seconds West along said last mentioned land 183.91 feet to a monument and land now or formerly of Pauline Bednoski; 'THENCE North 75 degrees 00 minutes 30 seconds East along said last mentioned land 54.12 feet to a point and land now or formerly of Compass Transports S.A. Panama; THENCE South 13 degrees 24 minutes 40 seconds East along said last mentioned land, passing through a monument and along land now or formerly of Walter Adamson, 186.75 feet to the monument on the northerly side of Main Road at the point or place of BEGINNING. BEING AND INTENDED TO BE the same premises as conveyed to the parties of the first part by deed dated June 28, 1991 recorded in the Office of the County Clerk on July 24, 1991 in Liber 11304 at page 340. y TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and'roads abutting the above described premises to the center lines thereof; TOGETHER with'the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, th party of th first part ha duly ex uted this deed the day and year first above written. IN PRESENCE OF: LED ONYES M M •mZ LNALD H. T NYES STATE OF NEW YORK, COUNTY OF SUFFOLK) ss.: On the all day of4)ee9mWr, 1996 before me personally came EDWIN A. TONYES to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same. otary Public UNpA M. TONYFa M#jtY PUBLIC, STATE OF NEW YORK NO. IM UMM OCTOBER 3.49-210 11764 PC247 STATE OF NEW YORK, COUNTY OF SUFFOLK) as.: "rjo-&-% carte DONALD H. TONYES to On the alb day of Pesen+ber, 199~obefore me personally me known'to that the individual- descri he executed the same in and who executed the foregoing instrument, and acknowledged p Public NOFARY PU STATE OF NEW YOLK SUFFOLR(o WEREOCTOBER 3,1 x. i h 5-6 i d x d t o~~gpFFO(~-cOG APPEALS BOARD MEMBERS ly` d o° Southold Town 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 RE: TONYES BUILDING FILE INFO Main Road, Southold HB Zone 10:50 a.m. Bill Price, Esq. will be sending a letter to the Assessor's Office instructing the Town to "merge" the two lots (13 and 14) into a single lot, thereby creating one tax bill. Both lots are now in the same ownership, and combined now has a total lot size of approximately one-half acre, as per ZBA Condition of Special Exception. The deed of February 27, 1996 was prepared with the understanding that the lots will merge under zoning, and with the intent to bring the Special Exception under #4317 into compliance. Also, the Owner says he has had an application in the Building Dept. requesting a building permit for a two-family occupancy since March. cc: Ed Forrester, Town Investigator (per inquiry made at ZBA ofc). Building Dept. 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