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Home My WebLink About4242 FORM ~0. 3 ?OWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLDo N. Y. NOTICE OF DISAPPROVAL File No...Z~ fi6..be ................................................. Date ................. ...- ~areh.....9 ................ 19.62. To .J.~lll.....Hl~gSns ....................................... ........... 3017..Hud.son..~],vd .............................. ................ Jer. sy...Cll;y.~...N. J ............................ PLEASE TAKE NOTICE that your application dated ..................... Mal~eh.....9 ........ 19.6.2. for permit to construct ..th~'el.l&.Ilg .................. at thc premises located at --q./'~.-$$de .............. $.ag a.. B1Md ~....(pm.'c.. R,.0, ~...~ .............. Street Greenport Map ...Sage ............................. Block ........ ~ .................... Lot ... ~ ................................... is ' ' disapproved on the following ground, ..... .L~ck...o.f-..a~preved...aecess ........ To.xca.. Law...s.ectlcn..26.0a ............................................................. ...... ....... ................. Building Inspector( .. FORM NO. 3 TOVfN OF SOUTHOLD BUILDING DEPAR'IT, IENT TO~,VN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL PLEASE TAKE NOTICE that your application dated .~,.~.~ for permit to ,,'~.~ ~:~ .... ~~..,...~.~_.~ ............................ at Location of Property ~ ~ ~~ County Tax Map No. 1000 Section ~ Block ' '- ........... · ......... OE ..~ .... Subdivision ................. Filed Map No ................. Lot No .................. .~..,~.~' ,~o_~/~ ,,~, ~ ~ .~/.. ~ ~ · .-~-.~. ...... ..~,T.Z~..~~.-~ .... ~...~,,~ ~, TEL.: 765-1802 Approved . .~./'... '~ ....... 19... Permit No ............ FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 ~30ARD OF HEALTH ......... 3 SETS OF PLANS .......... SURVEY ............... ; . . . CIIECK .................... SEPTIC FORH .............. c^ .L .q.l'2 :. .T. ....... ['tAIL TO: (Building Inspector) APPLICATION FOR BUILDING PERMIT INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- cation. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. .... (Mailing add~ess of applicant) State whether applicant is owner, lessee, agent, architect, en~neer, general contractor, electrician, plumber or builder. , Name of owner of premises ¢ff~_~.l~...~./,~?o~.~..~.,_~ .gfi. ~...~. J.~ [~C. ~ .,. ~ .5~.. ~(~ O ~(as on the tax roll or latest deed) ~ ~_ If applicant is a co~oration, signature of duly authorized officer. (Name and title of corporate officer) Builder's License No ............. / .... PI mber s Lmense N ............. Electrician's Licgns~ No ....................... h 'r~e's Li Ote cense No ...................... 1. Location of land on which proposed work will be done.. .~?~.76[...v)~..(~.*.~......C?.g.CT.r~.Q?'¢. e./~.. .......... House Number ? .... Street Hamlet' County Tax Map No. 1000 Section ...~o~ 5 7.~..~.r~.~'Block ..... ,~ ........... Lot..).~.,.(o ............ Subdivision ..................................... Filed Map No ............... Lot ............... (Name) State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy., ff.~....~.t .~..~..~. ! b. Intended use and occupancy 3. Nature o~g,6rk (check which appli e): New Building .......... Additioff .......... Alterati .. Repair .............. Removal ............ Demolition .............. Other Work ............ -.. (Description) 4. Estimated Cost... /.d~.~.Q~.O....d)O................ ..... Fee ................ ~ ...................... (to be paid on I-ding this application) 5. If dwelling, number of dwelling units ....~Q ......... Number of dwelling units on each floor .... ./.. · If garage, number of cars ....... b)][~ .................... ................................ 6. If business, commercial or mixed occupancy, specify nature and extent ofeach type ofuse ..-:-:.... 7. Dimensions of existing structures if an,,' ~-,-,,, ?K3 D~. ~.~ ,-, · ~., , . ...................... ~,, ..,~ ........... ~ep,n Height . ~ .......... Number of Stories., ./ .................................................... · Dimensions of same structure with alteratior~/¢r~dditions: Front ....... Rear .................. D.epth .. ........ . ............. Height JJ~)./."~. ................ Number of Stories ...................... 8. Dlmenmons of entire new construction: Front ...~,/.,~ ....... Rear ............... Depth ............... Height . .. 2 ........... Number of Stories . . .IU./.l!~. ............................................... 9. Sizeoflot: Front ...................... Rear ...................... Depth .... ...r~ .............. · Ch fz.~ / L~klZ~ 10. Date of Purchase .................... ........ Name of Former Owner .~ ............ ~.~ ......... 11. Zone or use district in which premises are situated...~ ............................................ 12. Does proposed construction violate any zoning law, ordinance or regulation' tAT.~. La3D ~ ' ' ' 13. Will lot be regraded NO . ~' ............. . .................. .............. ~ -> ........... Will excess fill be re,m~ved from premises: Yes,, 14. Name of Owner of premises'~...'-r3~.r~. ~: .~._ .... Address ~. a~v-~ff~. ~^~.t?~.~Gt?g~hone No.'",/ ~.~. :. ~..) Name of Architect ......... &if'j- .............. Address ................... Phone No ................ Name of Contractor ....... . ~. ............ Address ................... Phone No .... ' ............ 15. Is this property within 300 feet of a tidal wetland? ~Yes...~.... No ......... mIf yes, Southold Town Trustees Permit may be required. · -. PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and. indicate all set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or comer lot. ....... ........... ..... ,-, ,h., ,. (Name of individual signing contract) above named· ., ~ th~.. ~ ................ ~W.W:...:. ¢~,&.,~.[ .................................. (Contractor, agent, ~orporate~officer, etc.) of said owner or owners, ~d is duly authorized to perfom or have perfomed the said work and to m~e ~d file application; that all statements contained ~ this application ~re true to the best of his ~owledge and belief; and that the work will be perfomed in the m~ner set forth in the application filed ~erewith. Sworn to before me this~ /I ............... : :'~. -daytot ~ .Al .................. ,19 A ~ N0ta, Public, .~~...~~.. County J ~ ~ // .,..~ ~ s~ No. 47250~, ~ ~U~, ~l / ...... ~ ~ ............... T~m ~r~y 31, 19~ · ~ ~ (Signatu~ of appHc~t) TOWN OF SOUTHOLD, flEW YORK APPEAL FROM DECISION OF BUILDING iNSPECTOR S~L..,,,old Town Clerk APPEAL NO. ~'~ ~ May 6, 1994 DATE .............................. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ?.0. Box 226 Patricia Sage Kondak .of ............................................................................ 1, (We) ................................................................ Street and Number Name of Appellant NY Greenport .................... HEREBY APPEAL TO ....................................................................... State Municipality THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON 3-30-94 APPLICATION FOR PERMIT bio ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO Patricia Kondak, James Sage, Michael Sage, Charlotte Jurgensen Name of Applicant for permit of 350 Marine Place Greenport NY ........................................................ '/~nicipolity State' ' Street and Number PERMIT TO USE PERMIT FOR OCCUPANCY (x) ( ) ( ) Sage Blvd., Greenport 1. LOCATION OF THE PROPERTY .................... Patricia Kondak, James Sage, District 1000 Section 53B10ck 5 Lot 12.~ ................................................................................. uurren~ Owner Michael Saqe, Charlotte Jurgensen Map No. Lot No. Prior Owner Harborview Realty 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number, Oo not quote the Ordinance.) Article xXIV Section 100-241G 3. TYPE OF APPEALAppeai is made herewith for (please check appropriate box) A VARIANCE to the Zoning Ordinance or Zoning Mop A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 Permission to rent existinq cottaqes on seasonal basis following amscontznuance of this use for more than 2 years. 4. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such cppeol was ( ) request for a special permit ( ) request for a variance .. and was made in Appeal No. .~....Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( ) A Variance to the Zoning Ordinance (X) Variance to use as seasonal rental is requested for the reason that Cottages ha~e been in existence since ~arly 1900's when they were built for occupancy by workers in Sage brick factory in 1940's, when operation of the brick factory lessened, cottages were rented to summer guests. This use continued by the Sage family until 1985 when the property was sold to the Bayview Development Corp. They rented the cottages during th'e summer (continued on page attached] F0~ zB! (Continue on other side) ~'- · FOA APPEAL 1 STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces' sory HARDSHIPbecause Lana ±s self sustaining. We neea to generate revenue from the cottages that we can pay the taxes. so 2, The hardship created is UNIQUE and is not sheared by all properties alike in the immediate · vicimty of this property and in this use district because No other parcels were developed and historically used in this fashion. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because It has been run as a summer community since 1940. STATE OF NEW YORK ) ) ss COUNTY OF ) Sworn to this .............................................. do¥ of ""~" '~"" Notary KAY M. DOUGHERTY NOTARY PUBLIC, State of NO. Ol~D-r~: :~,3! $,ffoik County APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James DinizJo, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 June 3, 1994 Mr. Roy Haje. President En-Consultants. Inc. 1329 North Sea Road Southampton. NY 11968 Re: Appl. No. 4242 - Variance to Reinstate Use of Cottages 1000-53-5-12.6 (Sage and Ors.) Dear Mr~ Haje: This is sent as a follow-up to conversations had last week with the owner(s) and yourself concerning the.steps that the applicants would like to take in this project. At this time, the file is hereby declared incomplete for the purposes of review under the State Environmental Quality Review- Act, pending submission by your. consultant of the Long Environmental Assessment Form and supporting documentation within the next thirty (30) days. CC: IVJrs. Patricia Sage Kondak Very truly yours. ~.GER APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richa~ C. Wilton Telephone (516) 765-1809 BOARD OF APPEA;.~ TOWN OF SOUTHOLD May 16, 1994 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 En-Consultants. Inc. 1329 North Sea Road Southampton. NY 11968 Re: Appl. No. 4242 - Variance to Reinstate Use of Cottages 1000-53-5-12.6 (Sage and Ors.) Dear Sir: The above-reference application is presently being reviewed by Board Members as submitted to our office on May 9, 1994. The basis of referral from the Building Department indicates that an application was made to reopen summer cottages, and that same is disapproved since the use of the summer cottages has been discontinued for more than two years. The following information and facts are needed at this time before the application may be deemed complete or further processed: Completion of the attached Long Environmental Assessment Form which shall include reference to each cottage and building on the premises, together with the engineer's report requested in Item 2. infra, together with supporting documentation; Engineer's report for each of the cottages to determine the extent of renovation, alteration, modification, maintenance, and/or reconstruction, including new foundations or description of new pier construction; and list these and other structural changes necessary pursuant to the N.Y.S. Building and Fire Code before such occupancies would be so authorized for each building; Written letter of non-jurisdiction or other action from the N.Y.S. Department of Environmental Conservation and the Suffolk County Department of Health Services concerning this project, and for the proposed maintenance or other building modifications, P~g~' 2 ~- Appl. No. 42~t2O TO: Enconsultants. Inc. RE: Application of Sage and Ors. Confirmation as to which building will be under major reconstruction, or perhaps not be reconstructed {such as Building ~1 which appears to require major repairs). If to be re-occupied for sleeping or habitable purposes, please provide a building construction diagram showing the building alterations or updated maintenance, with the extent of reconstruction. One complete original, print of the survey or sketch plan, Sheets $1 and 52, for which copies were reproduced by you or your agent.- Please be sure to obtain authorization to use :these prints from the preparer(s) for this application. Upon receipt of the above, further review, and on-site inspections will be conducted, prior to scheduling this matter for a public hearing. Enclosure GERARD P. GOEHRINGER CHAIRMAN TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR TOWN HALL SOUTHOLD, NEW YORK CERTIFICATE OF OCCUPANCY NONCONFORMING PREMISES THIS IS TO CERTIFy that the / X/ Bull ~.ng(s) /_Y/ Use(s) DATE: JUly 24, 1984 Pre C.0.#Z12637 located at 67380 Main Road Street ~ A~shamomagU~pont Hamlet -' ~=~ ont shown on County tax map as District 1000, Section~, Block Lot 007.001 . ~----'-' d°es(n°tJc°nform to the Present BUilding Zone Code of the To~ of Southold for the follow~g reasons: There are 6 dwe~~t . On the basis of ~format~on presented to the BuHdlng Inspeetor,s Office, it has been determined that the above nonco~orming ~/L~d /~/BUilding(s) /~/Use{s) existed on the effective date the present-BUild~g Zone Code O~the To~ of Southold, and may be continued PUrsuant t~ and subject to the appli- cable provisions of said Code. IT IS FURTHER CERTiF~D that, based upon i~Or~ation Presented to ~a~ages. ~_J . .... ~z~ D/dg2. ,-25 ~ .... 2 8tO~y ,~~ ~~ c;~tages, State maintained hiEhwa,, . ~~ Rt 2 ~""~, ~n the A z~ .... -'~' Charlotte Sa e. . '~'~'~g ~asonal dwellings. The Certificate is issued to~:~.Mi~1 Sage, James Sage of the aforesaid building. JOiner, Suffolk County Department of He~th Approv~ UNDER1~ITERS CERTIFICATE NO." N/A · NOTICE IS "~- ~ a~'B Y GIV , NOT CONSENTED ~ ~, ~.~ that the owner of . T~ ~ ~FE the above · tot to determine ~ the Premises comply ~th all applicable codes and CTION of the Premises b~ ,~m~s~s ~ ~"~ nmlding Inspec- antes, other than the Buildin~ Zone Code, and therefore, no SUch inspection ms been Conducted. TEs Certificate, therefore, does not, and is not ~tended o certify that the Premises comply wlth all other apPlicable Codes and re~ula- ions. 6 pector ..... 3119196 '. the cars up there. We'll be looking at them to see which o~es can safely be kept. There's now a system In place for re-registering, for cleanh~g them. It was to the point where If we had a storm stm'm, which we had lot this winter, there was ~o one reapo~slble for clea~l~3g the ~ew orr the cars. No one knew who~s lob tt was. 50, the Board ha~ looked tht~, and we have put this Into place so we're hopeful that the tnkh~ care of your vehicles Is done In a better ~y~tem. Tha~3k you. 9.-Moved by Councilwoman OIIva, seconded by Ju~tlce Evm~, It was RE~OLVED that the Town Board of the Towl~ of Southold hereby grants Patrlcla Sanchez a slx (G} month leave-of-absentee from her Home Health Aide for the D~partmm~t of IIuma~ Services, effective Immediately. 9.- Vote of the ToWll Board~ Aye~ Com~clh,a~ Moore, Justice Councilwoman O~, Councllmn~ Town,end, Cou~cllwoman Ilu~le, Supervisor Cochran. This resolutlol~ was duly ADOPTED. 10.-Moved by Justice Evans, seconded by Councilwoman IIu~le, It RESOLVED that the Town Uoard of th~ Town of Southold berel)y Urn~t~ Public Safety Dlspatcber Ilolly A. Weh~gnrt a maternity leave-of-absel~ce, effective April 1, 1996 throuuh September, 1997. 10.- Vote of the Towll Boal'd~ Ay~w~ Councilman Moore, Justice Co~iwoman 0ilva, Coul~cllmnll 'l'wwl~sel~d, Cmmcllwomnn Ilu~le, Supervisor Cochran. This resolutlol~ wa~ duly ADOP'IED. Moved by Councllwoma~ Ilu.~le, seconded by Councilman Townse~(I, It RESOLVED that the Tow~ Board (~GII,38G.00, less ~,G0O.00 for trnd~ of 198G h~terl~atlot~nI w/net-Iai device) for supplying the Comml~slener of Public Works wlth a 1997 rm-d F-800 tr~ck wlth aerial lift device nnd line body, all h~ accordnnce with the bid specifications. Vote o[ the Town Doard~ Councilwoman O~I~,: Cou~cllman T,wn~end, Cou~cllwoom~ Ilu,~le, Supervlsor Cochran. This resolutlo~ was duly ADOPTED. 12.- Moved by Coul~clhnan Tow~.~end, ,,econded by Councilwoman Ullva, It RESOLVED that the Town Board of the Town of 5outhold hereby resolutlm~ no. 10, adopted on Ja~unry 1~, 1996, accel)ting the reduction In the n~se~mm~t of 5euthm,pte~ I_umber Ct)rl~. SCTMfl1009-1111-11-211.3 frm~ ~27,1100 [o ~19,~0 for tax year 199~/96 reflect a reductlm~ to~ $19,000, all h~ accordatlce with the recommendations of the Southold Tow~ Uoard of IZ.- Vote of the TowI1 Uoal*d: Ayes~ Coutlclhtlall Moore, Justice ~Jwoman 01t~, Cou~cllman Townse~d, Cou~cllwomn~ Ilu,,le, Supervisor Cochran. This resolution was duly ADOPTED. 13.- Moved by Councllwomn~ Ollvn, secm~ded by Councllwoma~ Ilus~le, ~ the proposed reduction n the followlng assessme~ts, all h~ accordance /' with the reduction In th, followh~g awsessments, nil In accorda~ce wlth-- / ~ the recommendation of the 5outhold -row~ Board of A~se~ora~ ~ Current Reduced ~ Owner SCTM~ Assessment T~ ~ 1) Greenport~t & Ship i0Ol~ilO ~'55 33~00) ~ 2) Prim~ Purveyors Inc 1000-84-3-1.1 23,60U / (1993/94, 1994/95, 1995/96) ~ 3) William E. Zit~k 1000-~H-2-2 16,700 12,400~ ~ (1994/95, 1995/~6 ) ~ 4) Raynor Surer }Iardwar~ IOU0-140-3-3.4 26,40U 16,050~ /~/ Charlotte Jurgeson 1000-53.-5-12.6 73,26~ 3~,000 ~ (1~93/94, 1994/95) pg 13 3119196 J3.-Vote of the Town Board: Ayes: Councilwoman OIIva, Councilman Supervisor Cochran. This resolution was duly ADOPTED. Councilman Moore, Justice Townsend, Councilwoman Ilussle, / SUPERVISOR COCtlRAN: You can see that the Board is reluctant to voting on lowering someone's taxes. This Is through the grievance process with the Assessors, and then they recommend to tls where there's " an equity that they readjust. So, we do~'t lille to see taxes taken away from us, but we~d like to work to keep.them Iow. 1:1.- Moved by Councilwoman Ilussle, seconded by Councilwoman Olive, It was RESOLVED that the Town Board of the Town of Sou:hold hereby grants permission to Insert the Sou:hold Town Recreation Department's 1996 summer, fall and winter brochures In The Suffolk Llfe~ said charge of $1100.00 per insert Is to be made to A7020.11.q00.300, Recreation Administration, prh~tlng. Ill.- Vote of the 'Town Board: Ayes: Cou~cllma~ Moore, Justice Evans, Councilwoman Olive, Councilman Townsend, Councilwoman Ilussle, Supervisor Cochran. This resolution was duly ADOPTED, COUNCILMAN TOWNSEND: That does :Jot mean we've chosen yet another paper for our legals. It's Just the most efficient way to distribute the recreation brochures. The least expensive based on a survey, that the Bec Department had made. 15.-Moved by Councilwoman Ilussle, seconded by Justice Evans, It was RESOLVED that the Town Board of the Town o[ Sou:hold hereby modlfles the Solid Waste Management District 1996 budget to correct a budge:lng error which would have resulted In a structural delqclt In the Solid Waste Management District for 1996: ~lll[ SR. 5990.00 Appropdaled Fund Balance $ I 13,000 Am~m~iatim~s~ SR.8160.2.500.900 SIL 8160.4.400.805 Capital Rese]¥e Allowance M.S.W. Removal $100,000 13,000 15.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evens, Councilwoman Olive, Counclhnan Townsend, Councilwoman Ilussle, Supervisor Cochran. This resolution was duly ADOPTED. 16.-Moved by Councilwoman OIIva, seconded by Counclhnan Moore, It was RESOLVED that the Town Board of the Town of Sou:hold hereby grants permission to the members of the Conservation Advisory Council to attend a one day conference elRItled, "Innovative Uses of Breakwaters In Coastal Erosion Cmltrol: Integrating Shoreline Protection and Estuarlne Ilabltat Euhancementn, presented by New York Sea Orant on Friday, March 29, 1996, from 8:30 A.M. t~ q:O0 P.M., a[ the Ronkonkoma llollday Inn, and the ~§.00 reglstratlol~ fee, and necessary expel~Se for travel, shall be a legal charge to the Couservatlon Advlsol'y CounclPs 1996 budget. 16.- Vote of the Town Board= Ayes: Councllmm~ Moore, Justlce Evans, Councilwoman Olive, Counclhnan 'rowl~send, Councilwoman Ilussle, Supervisor Cochran. This resolution wes duly ADOPTED. Town Hall, 53095 Main Road P. O. Box 1179 Soulhold, New Yo~k 11971 Fax (516') 765-1823 Telephone (516) 765-1802 OFFICE OF THE BUILDING INSPECTOR TOWN OF SOUTHOLD TO: STOP WORK ORDER BREEZY'SHORES, INC. c/o J. SAGE P.O. Box 38 350 Marine Place Greenport, N.Y. 11944 YOU ARE HEREBY NOTIFIED TO SUSPEND A?J. WORK AT: 65490 MAIN RD. & SAGE BLVD. GREENPORTr N.Y. TAX MAP NUMBER - i000-53-5-12.6 Pursuant to Section 45-13 of the Code of the Town of Southold, New York, you are notified to immediately suspend all work and building activities until this order has been rescinded BASIS OF STOP WORK ORDER: VIOLATION OF CHAPER 45 SECTION 45.8 - CONSTRUCTION ON BUILDI,~ WITHOUT BUILDING pErMIT- COTTAGE ,~//~~7 ~/~ ~..'~. CONDITIONS UNDER WHICH WORK MAY BE RESUMED: A~R OBTAINING REQUIRED PERMITS Failure to remedy the conditions aforesaid and to comply with the applicable provisions of law may constitute an offense punishable by fine or imprisonment or both. Thomas J: Fi~er, Sr. Building Inspector MAD OF I-qOWA ~D 66 ?C ® 42000 $.f. ~"., L_ X 30000 · ~---Vo'TOWN OF SOUTHOLD ~ PROPERTY RECORD :CARD OWNER .~. SI'RE, t/~'-q ~ O VILLAGE DIST. SUB. LO~' -~..'~,"* RES. S~S. VL FARM CO~. CB. MI~. Mkt. Value · · ~N D IMP. IOIAL DATE R~RKS ,,, - .~,, Tillable FRONTAGE ON WATER ' ' '- ~'~ ,;; '~ '.~ W~land FRONTAGE ON ROAD ' ' ' ' ' H~ Plot BULKH~D ,' _..J ~O¥~N OF'$OUTHOLD I~RbPERTY RECORD CARD OWNER FORMER OWNER STREET S 'RES. LAND IMP. VL. TOTAL FARM DATE AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre Tillable VILLAGE W COMM. REMARKS IST. SUB. LOT TYPE Ot= BUILDING ;T,?,,69 ~'T; i.;~ CB. MICS. Mkt. Value ~ / ?' . ,__ ~ i,~,o~~ .... " FRONTAGE ON WATER Woodland FRONTAGE ON ROAD Meadowland DEPTH House Plot BULKHEAD Total DOCK COLOR TRIM Extension '( ~ension ~ ~ ~--~ /~- ~O ~ Foundation Porch ~ ~ ~,~ - ~ ~ Basement Porch ~ ~~.~ ~-~ ~ ~t. Wells Breezew~ Goroge ~ ~ ~ ~-0 Fire Piece _ ~ Type Roof Patio ~Recreotion Room 3. B, Total Both Floors Interior Finish DinetteT K. DR. Heat Rooms Ist Floor Rooms 2nd Floor Drivewoy VILLAGE. ' SUB. LOT OWNER STREET VILLAGE DIST. SUB. LOT FORMER OWNER / N ~:~ ~ ~/?~ .. ,'/ ~"~,,~/. ~ , ~ ACR. S ' ~ ~ ,:~ , ~ TYPE OF BUILDING /~'::'::-7 LZ',:~,.', ' "" / RES. SEAS. VL FARM COMM. CB. MISC. Mkt: V~lue LAND IMP. TOTAL DATE REMARKS . AGE BUILDING CONDITION / " N~ NORMAL BELOW ABOVE ~ ~ ~ ~e FARM Acre Value Per Value Acre // C~ f ~ ~ ~ q Tillable 1 / Zr ~ ~ ~ /7~/ / , Tillable 2 ~ ~/~ ~' Tillable 3 / ..... BULKHEAD ~f~ ,,'~ Total_ ~K COLOR TRIM Extensiom Extensid Extensi Porch Porch Garage Potio Total Basement Fxt. Walls Fire Place Type Roof Dormer Pos~S CC~i~ Bath Floors - Interior Finish Heat Rooms 1st Floor Rooms 2nd Floo~ Driveway / Dinette K. FIN. B. Total' OWNER STREET FORMER OWNER N E S W VILLAGE SUB. LOT ACR. TYPE OF BUILDING RES. SEAS. COMM. CB. MICS. Mkt. Value LAND IMP. REMARKS AGE VL. FARM TOTAL DATE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Tillable Woodland Meadowtand House "Plot Total ' Value Per Value Ac re FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH' BULKHEAD DOCK COLOR TRIM M. Bldg. Extension Extension Extension Porch Porch Breezeway Garage Patio ..... L Bath ~ent Floors q~ ' ~ . Interior Finish ,. -, .-. ~ . - lace . ~ Heat ~ti~ ~aam ~aam~ 2ad r Driveway Foundoti~ f')WNFR '~ I~TRFFT Driveway FIN. OWNER FORMER OWNER STREET VILLAGE RES. I SEAS. LAND- VL N S · TOTAL FARM DATE E W COMM. REMARKS CB. MICS. ACR. TYPE OF BUILDING Mkt. Value AGE NEW FARM [ BUIL?IN~ CONDITIO~N NORMAL~ BELOW - ABOVE Acre ~ Value Pe'r V~ue ~ Acre T/liable Wood/and Meadowland House Plot Total ~ FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD DOCK COLOR ~? TRIM M. Bldg. Extension Extension Extension Porch )arch ~reezeway ~arage )oHo Fatal Foundation ~sement Ext. Walls Fire Place ~ype Roof Recreation Room Both Floors Interior Finish Heat DR. Rooms 1st Floor Rooms 2nd Floor Dormer Driveway BR. FIN. B SUB. ~-6~- / ~? VILLAGE TK;; WN OWNER STREET VILLAGE FORMER OWNER N E $ W DIST'I ACR. SUB. TYPE OF BUILDING RES. SEAS. VL. FARM COMM. CB. MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Tillable FRONTAGE ON WATER Woodland FRONTAGE ON ROAD Meadowlond DEPTH BULKHEAD House I~Jot. ~'~ Totel Value Per Value Acre DOCK COLOR TRIM M. Bldg. -~' , ..~ Extension Porch Porch Breezeway , Ga rage -- f F.~gundation Ext. Walls F~'e Place Roof Recreation Room , ~ .... / Both Floors Interior Finish Heat Rooms ]st Floor ROoms 2nd FJoor DriYewoy DR. FIN. ~ -------J Driveway '0 O? OWNER FORMER OWNER · RES. LAND I IMP. AGE NEW FARM Tillable NORMAL Acre STREET N S VL. FARM TOTAL DATE BUILDING CONDITION BELOW Value Per Ac re ABOVE Value VILLAGE E W COMM. CB. MICS. Mk REMARKS FRONTAGE ON WATER Woodland FRONTAGE ON ROAD Meodowland DEPTH House Plot BULKHEAD Total DOCK ACR. TYPE OF BUILDING Value LO1:- M. Extension~ Extension~, Extension Porch Porch Breezewa~ ~j~undotion B~th B~cseme.n,L Floors Ext. Walls Interior Finish ~?.~ ...... /. Dinette ,~/,v ~ K. S/U E~-'/ ,\' :, Fire Place ,, ) Heat /v' o , R. Garage ,, ,, w /7 5,)-o T~pe Roof ~,,:~:Z.£_~' Rooms 1st Floor R. Patio .... ~. /~ ? ~' ~ Recreation Room Rooms 2nd Floor IN. B O.B. ' Dormer Driveway Total "/6 (~ 7 '/ -TOWN OF ---OWN ER ;TREET VI LLAGE FORMER OWNER N S E W DIs~i SUB. ACR. TYPE OF BUILDING LOT RES. LAND AGE VL. TOTAL FARM DATE COMM. CB. MICS. REMARKS Mkt. Value BUILDING CONDITION NEW I NORMAL BELOW ABOVE FARM J Acre Value Per Value !~ Acre Tillable FRONTAGE ON WATER Woodland I FRONTAGE ON ROAD Meadowland I DEPTH House Plot I BULKHEAD Total e-~ ~ DOCK L J COLOR TRIM M. Bldg. Extension Extension Porch Porch ~ :ment Walls ~re Place Bath Floors . Interior Finish Heat / z5 u ~ / FX/pe Roof Rooms Ist Floor ~creation Room Rooms 2nd Floor Patio i"~-:'~'~; ~X/~ : /~ ~' /' · ~' O.B. Dormer Driveway Total Dinette K. BR. Extension, '1 Extension °2, Porch ~: Porch Breezeway~ Garage Total COLOR TRIM " ; ,:' ~, Ext. Walls -~e Place Type Roof Recreotion Room Bath Floors Interior Finish&,' Heat Rooms 1st Floor Rooms 2nd Floor Driveway Dinette K. LR. DR. BP,. FIN. B Tofal i I i OWNER FORMER OWNER TOWN--OF STREET qLLAGE E SUB. LOT ACR. TYPE OF BUILDING W RES. COMM. CB. MICS. REMARKS Mkt. Value Tillable Woodland Meadowland House-plot' Total FARM NORMAL Acre VL. --ARM TOTAL DATE BUILDING CONDITION BELOW ABOVE Value Per Value Ac re NEW AGE FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD DOCK LAND I IMP. N TYPE OF BUILDING RES. SEAS. VL. ~ I ~ FARM COMM. CB. MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS '~'~','-, .."~ ~ ~~ ~ '-. ....~ .- _ . .. '.] , ~o - /' q ,~ . Tillable -, FRONTAGE ON WATER - FRONTAGE ON ROAD . · , DEPTH H~ Plot BULKH~D Total '~ ~'" ~ ~' ~ ,'~ ~" M. Bldg. I Foundation Bath Extension Basement FIoors Extension Ext. Walls Interior Finish Extension Fire Place Heat Porch Pool Attic Deck ~ Patio Rooms 1st Floor Breezeway .' Driveway Rooms 2nd Floor Garage O.B. JLrDITH T. TERRY TOWN CLERK REGI~ OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: RE: SOUTHOLD TOWN ZONING BOARD OF APPEALS JUDITH T. TERRY. SOUTHOLD TOWN CLERK ZONING APPEAL NO. 4242 - PATRICIA KNONDAK. JIM SAGE. MICHAEL SAGE. CHARLOTTE JURGENSEN. Dated: May 9, 1994 Transmitted is application for variance of Patricia Kondak, James Sage. Michael Sage. and Charlotte Jurgense~, together with the Southold Town Building Department's Notice of Disapproval, Copy of Notice to Adjacent Property Owners. floor plans of individual cottages to be reopened,Map indicating location of cottages, and Map indicating area of project, and Subdivision Sketch Plan of Harbor View Landing, Part "A", and Subdivision Sketch Plan of Harbor View Landing Part "B", a letter authorizing En-Consultants, Incorporated to apply for permits, Sate Environmental Quality Review, Short Environmental Assessment Form for unlisted actions only, Questionnaire for filing with Z.B.A. application, photographs of existing cottages. TO WHOM IT MAY CONCERN: This letter will authorize En-Consultants, Incorporated, to apply for permits on my behalf. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Lydia A. Tonora Thursday, August 3, 1995 BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hail 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Town Investigator Ed Forrester came in today to review the file abandoned in 1994 by the Sa~e Family. El* said he ha.q started an investigation of the property and he is aware of renovations taking place at one (or more?) of the cottages. The ZBA file is available to him for copies if he needs them - he seemed interested in the history of the property, and said he would r~ke a copy of the owner's application to the ZBA and Building Department since the use may have been di.qcontinued for the cottages. A representative from the Health Department was in touch with him yesterday on the Fishers Island t~ip, and told me that if more than 10 persons occupy the propel~y, it is considered a motel-type use and requires a permit from the Health Department. The Town Investigator received a copy of the May 1994 letter from the ZBA to Roy Haje, agent for the applicants pertaining to the outstanding file status. I also indicated th,t Patti Sage met with Supervisor Wickham in 1994 and that there was a problem with payment of taxes and other concerns, if he was interested in knowing the history with the Town dulq-ng the last year or so. ce: Members Doyen, Villa and Tortora, and Chain-man Goehringer. (Member Dini~.io has abstained totally from any involvement with the Sage properties. ) APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 June 3, 1994 Mr. Roy Haje, President En-Consultants, Inc. 1329 North Sea Road Southampton, NY 11968 Re: Appl. No. 4242 - Variance to Reinstate Use of Cottages 1000-53-5-12.6 (Sage and Ors.) Dear Mr. Haje: This is sent as a follow-up to conversations had last week with the owner(s) and yourself concerning the steps that the applicants would like to take in this project. At this time, the file is hereby declared incomplete for the purposes of review under the. State Environmental Quality Review Act, pending submission by your. consultant of the Long Environmental Assessment Form and supporting documentation wlthin the next thirty (30) days. Mrs. Patricia Sage Kondak Very truly yours, GERARD P. GOEHRII~.GER CHAIRMAN ~' ~0000 s.f. 36000 s.[ ® 94000 APPEALS BOARD MEMBERS Gerard P, Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD Southotd Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 June 3, 1994 Mr. Roy Haje, President En-Consultants, Inc. 1329 North Sea Road Southampton, NY 11968 Re: Appl. No. 4242 - Variance to Reinstate Use of Cottages 1000-53-5-12.6 (Sage and Ors.) Dear Mr~ Ha)e: This is sent as a follow-up to conversations had. last week with the owner(s) and yourself concerning the .steps that the applicants would like to take in this project. At this time, the file is hereby declared incomplete for the purposes of review under the. State Environmental Quality Review. Act, pending submission by your. consultant of the Long Environmental Assessment Form and supporting documentation within the next thirty (30) days. cc: IVlrs. Patricia Sage Kondak Very truly yours, CERARD P. COEHRIN. CER CHAIRMAN APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Lydia A. Tortora BOARD OF APPEALS TOWN OF SOUTHOLD August 21, 1995 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Dr. and Mrs. Edward Kondak P.O. Box 226 Greenport, NY 11944-0226 Re: Status of Appl. No. 4242 - Charlotte Sage Jurgenson & ors. Property #1000-53-5-12.6 (83.12+- acres) Dear Mrs. and Dr. Kondak: The Town's Code Investigator, Edward Forrsster, had indicated to our office on Friday that you may be interested in obtaining building permits and other town approvals for cottages in need of repair, renovation, or alterations. You may recall that at that time you were fl]lng a single building permit application for a n...change of use...to reopen summer cottages .... n Later, Jim Sage had indicated that it was intended to reopen all of the cottages (rather than six or seven as orig4nally requested). Repairs and renovations win require applications for building permits also, and when you apply at the Building Department, please furnL~h supporting engineer's report and building plans for repairs or renovation for each of the cottages. Variance applications which pertain to use are processed under the New York State Environmental Quality Review Act, and in a letter dated May 16, 1994 to En-Consultants, Inc., the Town requested several documents to complete the file and to commence the environmental reviews. A copy is attached. Since more than 15 months has passed, a new application and building permit application must be filed with the Building Department. They will then review the plans for repairs, etc. and determine the provisions of the Zoning Code applicable to your project for each of the cettages which ars being requested by you for permits. If a Notice of Disapproval is issued, you will be able to complete a new form based upon the updated action of the Bulia~ug Inspector, and send out neighbor notifications describing the rspairs, etc. It is expected that the $400.00 fee previously paid will be applied to' the new, updated application once filed. Page 2 - August 2 ,~1995 To: Dr. and Mrs. Edward Kondak Re: Repai~ and Use of Sage Cottages It is necessary that your engineer refer to each cottage which is to be repaired, altered, enlarged, or otherwise modified when filing with the Bul]rllng Inspector. Thi.~ would allow the Town to evaluate each cottage separately especially if some of the cottages will need less repairs than others. You may also wish to include documentation that will show the periods of t~me in the past that the cottages were occupied by tenants or others. Very truly yours, Enclosure cc: ZBA Members GERARD P. GOEHRINGER CHAIRMAN Engineer's report for each of the cottages to determine the extent of renovation, alteration, modification. maintenance, and/or reconstruction; including new foundations or description of new pier construction, and list these and other structural changes necessary pursuant to the N.Y.S. Building and Fire Code before such occupancies would be so authorized for each building; Confirmation as to which building will be under major reconstruction, or perhaps not be reconstructed (such as Building #1 which appears to require major repairs). If to be re-occupied for sleeping or habitable purposes, please provide a building construction diagram showing the building alterations or updated maintenance. with the extent of reconstruction. § 100-280 ZONING § 100-281 At the request of the Planning Board, the Building Inspector shall review site plan applications for compliance with this chapter and requirements established in the presubmission conference. The Building Inspector, at the request of the applicant, shall review and, if appropriate, shall issue a certificate of determination upon the inspection of an existing business structure and/or property for compliance with the town's Zoning Code at the time of issuance. The fee for the issuance of a certificate of determination shall be set by Town Board resolution. [Added 5-20-1993 by L.L. No. 5-1993] § 100-281. Building permits. No building in any district shall be erected, reconstructed, restored, moved or structurally altered without a building permit duly issued upon application to the Building Inspector. No building permit shall be issued unless the proposed construction or use is in full conformity with all the provisions of this chapter and the previsions of all other applicable laws~ ordinances, rules and regulations. Any building permit issuea in violation of the provisions of this chapter shall be null and void and of no effect without the necessity for any proceedings, revocations or nullification thereof; and any work undertaken or use established pursuant to the issuance of a permit in violation of the provisions of this chapter shall be invalid. A. [Amended 6-5-1990 by L.L. No. 11-1990] Applications. Every application for a building permit shall contain the following information and be accompanied by the required fee and a plot plan drawn to scale and signed by the person responsible for each drawing. If no such plot plan is available, a survey is required, prepared by a licensed engineer or land surveyor. In addition, plans and specifications shall be filed with the building permit application to enable the Building Inspector to examine such plans to ascertain if the proposed building will 10167 8-25-93 § 100-281 SOUTHOLD CODE § 100-281 comply with applicable building construction, housing and fire codes. [Amended 6-5-1990 by L.L. No. 11-1990] (1) The actual shape, dimensions, radii, angles and area of the lot on which the building is proposed to be erected, or of the lot on which it is situated if an existing building, except in the ease of the alterations of a building which do not affect the exterior thereof. (2) The section, block and lot numbers, if any, as they appear on the latest tax records. (3) The exact size and locations on the lot of the proposed building or buildings or structural alteration of an existing building and of other existing buildings on the same lot. (4) The dimensions of all yards in relation to the subject building, and the distances between such building and any other existing buildings on the same lot and adjacent lots. (5) The existing and intended use of all buildings, existing or proposed, the use of land and the number of dwelling units the building is designed to accommodate; and the necessary computations to establish conformity to the bulk and density regulations. (6) Such tepographie or other information with regard to the building, the lot or neighboring lots as may be necessary to determine that the proposed construction will conform to the provisions of this chapter. (7) An application for a building permit for construction on a vacant lot which is not on an approved subdivision map shall be accompanied by a certified abstract of title issued by a title company which shall show single and separate ownership of the 10168 a-~-9a ZONING § 100-281 § 100-281 entire lot prior to April 9, 1957. [Added 3-14-1989 by L.L. No. 3-1989] B. No building permit shall be issued for the construction or alteration of any building upon a lot without access to a street or highway as provided by § 280-a of the Town Law. C. No building permit shall be issued for any building where the site plan of such building is subject to approval by the Planning Board, except in conformity with the plans approved by the said Board. D. No building permit shall be issued for a building in any district where such use is permitted by special exception unless and until such approval has been duly granted by the board having jurisdiction thereof. E. No building permit shall be issued for any building until approval has been received from the Suffolk County De- partment of Health Services for the proposed water supply and sewage disposal system. F. The building permit application and all supporting, documentation shall be made in triplicate. Upon the' issuance of a building permit, the Building Inspector shall return one (1) copy of all filed documents to the applicant. G. The Building Inspector shall, within ten (10) business days after the filing of a complete and properly prepared (Cont'd on page 10169) 10168.1 s - 25 - 93 § 100-281 ZONING § 100-281 application, either issue or deny a building permit. If a building permit is denied, the Building Inspector shall state in writing to the applicant the reasons for such denial. Every building permit shall expire if the work authorized has not commenced within twelve (12) months after the date of issuance or has not been completed within eighteen (18) months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an additional six (6) months. Thereafter, a new permit shall be required. As soon as the foundation of a building or of any addition to an existing building is completed and before first-story framing or wall construction is begun, there shall be filed with the Building Inspector an accurate survey, signed by the person responsible for said survey, showing the exact location of such foundation with respect to the street and property lines of the lot. No further construction shall be performed until such survey is approved by the Building Inspector. Permit fees. ' (1) [Amended 11-24-1992 by L.L. No. 30-1992] The following fees shall be paid upon the filing of an application with the Building Inspector for a building permit, which fees shall be paid into the general fund if the application is approved or returned to the applicant if the application is denied: (a) Single-family dwellings: [1] New dwellings and alterations or additions to existing dwellingm seventy-five dollars ($753, plus twenty cents ($0.20) for each square feet of fleer area in excess of eight hundred fifty (850) square feet. [2] Accessory buildings and additions or alterations to existing accessory buildings: thirty-five dollars ($35.), plus twenty cents ($0,?0) for each square foot of floor area in excess of five hundred (500) square feet. 10169 § 100 251 SOUTHOLD CODE § 100-281 (b) Farm buildings and additions or alterations to existing farm buildings: fifty dollars ($50.) for each building. (c) Hotel, motel, multiple dwellings and business, industrial and all other buildings, including winer- ies: [1] New buildings and additions and alterations to existing buildings: one hundred fifty dollars ($150.), plus twenty-five cents ($0.25) for each square foot of floor area in excess of one thousand (1,000) square feet. [2] Accessory buildings and additions and altera- tious to existing accessory buildings: thirty-five dollars ($35.), plus twenty cents ($0.20) for each square foot of floor area in excess of five hundred (500) square feet. (d) Foundations constructed under existing buildings: seventy-five dollars ($75.). (e) In-ground swimming pools, together with required enclosure fencing one hundred fifty dollars ($150.). Abeveground swimming pools, together with re- quired enclosure fencing: fifty dollars ($50.). (f) All other structures (i.e., fences, satellite dishes, etc.) and additions and alterations te such structures: thirty-five dollars ($35.). (g) Signs. The fee for all signs, except signs permitted by § 100-31C(9Xa), shall be one dollar ($1.) for each square foot of sign area, with a minimum fee of twenty-five dollars ($25.). (h) Demolition and/or removal and/or relocation of any building: fifteen dollars ($15.) minimum and ten cents ($0.10) for each square foot in excess of three hundred (300) square feet of floor are~ 10170 ~ - 25- 93 § 100-281 (2) (3) ZONING § 100-281 For the purposes of this Subsection J, cellars, decks, attached garages and any habitable area shall be included in the calculation of floor area. Notwithstanding the foregoing, no fee shall be required of or paid by taxing entities or districts, including but not limited to fire districts, school districts, park districts and the like. [Added 9-26-89 by L.L. No. 29-1989] (Cont'd on page 10171) 10170.1 Such order and notice shall be in writing and shall state the conditions under which the work may be resumed and may be served upon a person to whom it is directed either by delivering it personally to him or by posting the same upon a conspicuous portion of the building under construction and sending a copy of the same by certified mail. D.1 t00-284. Certificates of occupancy. A. A certificate of occupancy shall be applied for from the Building Inspector and it shall be unlaxvful to d_o ~ny of the (1) Occupancy and use of a building erected, reconstructed, restored, structurally altered or moved or any change in use of an existing building. (2) Occupancy, use or any change in the use of any land. (3) Any change in use of a nonconforming use. No certificate of occupancy shall be issued for the use of a building or lands requiring a special exception approval or special permit or for any land use requiring a site plan approval by the Planning Board unless and until such special exception or special permit approval or site plan approval has been duly granted. Every certificate of occupancy for which a special exception, special permit or site plan approval has been granted or in connection with which a variance has been granted by the Board of Appeals shall contain a detailed statement of any condition to which the same is subject. Application for a eertifioate of occupancy on a form furnished by the Building Inspoetor for a new building or for an existing building which has been altered shall be made after the erection of such building or part thereof has been completed in conformity with the provisions of this chapter and, in the ease of a new building, shall be accompanied by an accurate plot plan or, if not available, by a survey prepared by a licensed land surveyor or engineer; showing the location of the building as built. Such certificate shall be issued within ten (10) days after receipt of the property completed application, provided that the application states that all requirements of all other applicable codes or ordinances in effect are complied with. Every application for a certificate of occupancy or a temporary certificate of occupancy shall be accompanied by the fee hereinafter spoeified. Copies of such eortifleate will be issued upon the payment of the fee hereinafter specified. ~ Edilor's Note: Former Subsection D, concerning the i~uance of a certificate of ~cupancy for the use of vacant land, was repealed 4-10-1990 by L.I~ No. 5-1990. Thi~ local law also pr~vlded for the redesignation of former Subsec0oos E. F, G and H as Sub.orions D. E, F ~nd G, respectively. Former Subeection I was also relenet~l as Subzection H at this time. 10172 6- 2- so § 100-284 ZONING § 100-284 A certificate of occupancy shall be deemed to authorize and is required for both initial occupancy and use of the building or land to which it apphes. Upon written request and upon payment of the fee hereinafter specified, the Building Inspector shall, after inspection, issue a certificate of occupancy for any building er use therefor er of land existing at the time of the adoption of this chapter, or any amendments thereto, certifying such use and whether or not the same and the building conform to the provisions of this chapter. A record of all certificates of occupancy shall be kept in the office of the Building Inspector, and copies shall be furnished on request to any agency of the town or to any persons having an interest in the building or ]and affected. Certificate of occupancy fees. [Amended 3-14-1989 bi L.L. No. 3-1989; 9-26-1989 by L.L. No. 20-1989] (1) The following fees shall be paid upon the filing of an application with the Building Inspector for a certificate of occupancy, which fee shall be paid into the general fund if the application is approved or returned to the applicant if the application is denied: (a) Business buildings and/or business uses and additions and alterations thereto: fifty dollars ($503. (b) New dwellings and additions and alterations thereto: twenty-five dollars ($25.). (c) Accessory buildings and additions and alterations thereto: twenty-five dollars ($25.). (d) Preexisting dwellings: one hundred dollars ($100.). 10173 1-~-94 § 100-284 (2) SOUTHOLD CODE (e) (Reserved)2 (~ § 100-285 Updated certificates of occupancy by reason of additions or alterations: fifty dollars ($50.). (g) Copies of certificates of occupancy: twenty dollars ($20.). [Amended 12-21-1993 by L.L. No. 26-1993] (h) (Reserved)S Notwithstanding the foregoing, no fee shall be required or paid by taxing entities or districts, including but not limited to fire districts, school districts, park districts and the like. § 100-285. Penalties for offenses. For each offense against any of the provisions of this chapter or any regulations made pursuant thereto or for failure to comply with a written notice or order of any Building Inspector within the time fixed for compliance therewith, the owner, occupant, builder, architect, contractor or their agents or any other person who commits, takes part or assists in the commission of any such offense or who shall fail to comply with a written order or notice of any Building Inspector shall, upon a first conviction thereof, be gtrilty of a violation, punishable by a fine of not exceeding five hundred dollars ($500.) or by imprisonment for a period not to exceed fifteen (15) days, or both. Each day on which such violation shall occur shall constitute a separate, additional offense. For a second and subsequent conviction within eighteen (18) months thereafter, such person shall be guilty of a violation punishable by a fine not exceeding one thousand five hundred dollars ($1,500.) or by imprisonment for a period not to exceed fifteen (15) days, or by both such fine and imprisonment. 10174 OF NOTICE SENT TO ADJAC~ OWNERS ROARDOF ~,PPEALS, TOWN OF KOtJTHOI.O In the Matter o~ the Petition of tn the 8nard of Appe3is of the Town nf ~,nuthnid TO: NOTICE TO ADJACENT PROPERTY OPenER YOU ARE HEREBY GIVEN NOTICE: 1. That it is (he intention of the undersigned to petition the Board of Appeals of the Town of Southnld torequest a~(Speciai Exception) (Special Permit) (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 follows: southerly section (fro~inq upon bav) containina ~m~ ~f an 83 + acre parcel located on south side of Ma~n Road, Gre~nport.- 3. That the pro~Re.._r[~Y0which is the subject of such Petition is located in the following: zoning district: 4 Tha~h~suchPetition. theundersignedwillrequestthefollowingrelief: Permission to re-establish 'prior usage of summer rental of cottages in a residential zone. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the unO, er- signed arc Article XXIV Sect!co 100-241G [ ] 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 5outhold Town Clerk's Office at Main Road, 5outhold, New York and you may then and there examine the same during regular office hours. (516) 765-].809. 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 published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: May 6, 1994' Petitioner 0wners'Names: Patricia Sage Kondak Post Office Address P.O. Box 226 Green~ort, New YOrk 11944 Tel. No. ( ) [Copy.of sketch or plan purposes.] showing proposal to be attached for--~ --~-ce~'v'eng~ll~C'a I!elN PeU.!:UeO Jo~. ld!eoet:l ')F flF MAII.INr, OF NnTIFE ADDRESS STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss.: S~uf~hampt°n, Ne~'lyork of M~¥v ~ , 19 ~4 vers'e 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- rice at Southampton, New York ; that said Notices were mailed to each of said persons by (certified) (registered} mail. Sworn to before me this / , · residingat En-Consultants, 1329 North Sea Rd., ,being duty sworn, deposes aod says that on the 6th day ,, , deponent mailed a true copy of the Notice set forth on the re- I (This side does not have to be completed on form transmitted to adjoining I oo o PROJE~ i.D. NUMSER 617.21%. Appenc~ix C State Environmental Ouallty Review SHORT ENVIRONMENTAL ASSESSMENT FORM SEQR For UNLISTED ACTIONS Only PART f--PROJECT INFORMATION ('To be completed by ADDIicant or Project sponsor) Patricia Sage Kondak 2. PROJECT NAME s. PROJEC-r LCCATION: ~~ores Greenport co..~ Suffolk Breezy Shores Summer Cottages Sage Blvdl Greenport, New York AMOUNT OF {.AND AFFECTED: 8 3 8 3 Pre-existin~ non-conformi, ng use. Residences, marina . tO. DOES ACTION INVOLVE A PERMIT A~PROVAL, OR FUNDING. NOW OR ULTI--'--~ATELY FROM ANy OTHER"~'OVERNMENTAL A~ STATE OR LO~7 ~ Yes ~ NO If yes, list agency(si and permiuapprovaJs lt. DOES ANy ASPECT OF THE A ~ CTICN NAVE A CURRENTLy VALID PERMIT OR APPROVAL? ~'~ Yes J~ 14o I.~ ye~, list agency name and petmltlaDDroval 12. AS A RESULT OF PROPOSED ACTION WiLL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? DYe, I CERTIFY THAT THE iNFORMATION PROVIDED ABOVE S~HE DES T OF MY KNOWLED~,E '~ Inc. ~oa~tal nssessmon~ Form before -roc~~ency' com~e~e the OVER - 1 5-6-94 The N.y.S. Environmental Quality Review AC~ere~Uires (b) If any question has been answered Yes th~ project may be (o) X£ all questions have been answered No it is likely that the E__~vironmental Assessmen~ 7. Will project result in a major adverse effect on known to be important to the co=.~uni=y? ,__Yes envzrcnmental area by a local agency? .___Yes 10. Will project have a m~jor effect on existing or 11. Will project result in major traffic problems or Will Project regularly cause objectionable Odors, Will project have any impact on public health QUESTIONNAIRE FOR FIL.ING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet may be attached.) p~r~ Sage Konda~ Charlotte Jurgensen James Sage Michael Sage B. Is the subject premises listed on the real estate market for sale or being shown to prospective buyers? { x } Yes { } No. Jif Yes, pl~ a~-h u~p~ of "cond/t~nns,, of sa~e.) For sale subject to current conditions only. C. Are there =uy paoposals to ~-hange oi alter land =ontou~u? { } Yes { ~ No D. 1. Are there any areas which contain wetland grasses? yes 2. Are the wetland areas shown on the map submitted with this application? no 3. Is the property bulkhead~d between the wetlands area and the upland building area? yes (partially) 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? No work proposed which would fall within Trustees or DEC jurisdiction. E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? ~/a (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fenc~_s which e~t and are not shown on the survey map that you are submitting? None If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? No If yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state. H. Do you or any co-owner also own other land close to this parcel? No If yes, please explain where or submit copies of deeds. parcel seasonal cottages proposed use seasonal cottages Please list present use or operations conducted at this and Au ~-~o k i z~e~d~S ~ n a t u~r~ D a t~e,~ 3/87, 10/901k § 97-13 WETLANDS § 97-13 TOWN -- The Town of Southold. TRUSTEES -- The Board of Trustees of the Town of Southold. [~lded 6-5-84 by L.L. _No. 6-1964] ~TLANDS [Amended 8-26-76 by L.L. Ne. 2-1978; 3-26- 85 by I ~1,~ N~. 6-19~]: -,"~-t' ", '? A. TIDAL WETLANDS: (1) All lands generally covered or intermittently coy- ered with, or which border on, tidal waters, or lands lying beneath tidal waters, which at mean low tide are covered by tidal waters to a maximum depth of five (5) feet, including but not limited to banks. bogs. salt marsh, swamps, meadows, fiats or other low lying lands subject to tidal action; (2) All banks, bogs, meadows, fiats and tidal marsh subject to such tides and upon which grows or may grow some or any of the following:, salt hay, black grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, groundsel, mlLrshm~llow a.~d ]ow All land immediately udjacent 1o a tidal wetland as defined in Subsection A(2) and lying within seven- ty-five (75) feet tandward of the most landward edge of such a tidal wetland. FRESHWATER WETLANDS: (1) "Freshwater wetlands" as defined in Article 24, Ti- tie 1, § 24-0107, Subdivisions l(a) to l(d) inclusive, of the Environmental Conservation La~v of the State of New York; and (2) All land immediately adjacent to a "freshwater wet- land," as defined in Subsection B(1) and lying with- in seventy-five (75) feet landward of the most land- ward edge of a "freshwater wetland." 9705 z. -~s-ss Continued Reason for Appeal while they attempted to secure approval to develop the property with condos. When it appeared unlikely that their plan would not be approved promptly, Bayview sold the property to Harbor-View Realty in 1987 which attempted to subdivide and develop the property with one family dwellings. While applications were in process, cottages were again rented. Harbor-View, like their predecessor, found the application process time-consuming and expensive. They failed to meet a semi-annual mortgage payment in 2/91 to the Sage family, which held the mortgage, and failed to pay property taxes. The Sage family commenced foreclosure proceedings shortly thereafter. The property was returned to the Sage family in May, 1993 along with 2 years of back property taxes totaling $64,000. As the foreclosure proceedings lasted almost 3 years, (August 1990 - May 1993), the Sage family was unable to legally maintain and rent the cottages. Thus the gap in the historical usage was beyond the control of the Sage family. To compound the problem, some of the cottages were vandalized during this period. As soon as permissible, the Sages began rehabilitating the cottages in the hope and expectation that they could be rented. They have been approached by many former seasonal tenants and new prospective tenants who seek to rent the facilities for the summer season. Income from this source is crucial to the continued rehabilitation of the cottages and payment of the taxes and other associated carrying charges. Requested relief will not disturb neighbors nor change character of neighborhood. To the contrary, it would return it to a long-standing prior usage. Overall, property consists of 83 ± acres. The cottages are all clustered to the south along the shorefront. There are 28 buildings, 2 garages and one laundry/office. One building is occupied year-round by a Sage family member. Some are in good repair while others require the maintenance described above. Circumstances beyond the applicants control forced the gap in usage and permission is respectfully requested to re-establish it. TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 435 Dated .~Xch 9, 1962 ACTION OF THE ZONING BOARD OF APPEALS OF TOWN OF SOUTHOLD John Hlgg~ns To 3017 Hudson ~oulevard Jersey city, ~ew Jersey DATE..j?~..~L.196~ Appellant at a meeting of the Zoning Board of Appeals on Thtt~SC~ly, -~lrCh 29, 1962 was considered and the oction indicated below was taken on your (X) Request for voriance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance ( ) Request for a variance to the Zoning Ordinance ( ) the appeal I. SPECIAL EXCEPTION. By resolution of the Board it was determined thor a special exception ( ) be granted ( ) be denied pursuant to Article ................ Section ................ Subsection ................ paragraph ................ of the Zoning Ordinance, and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because . . . 7s30 P.M. (E.S.T.), upon application of John Higgins, 3017' H~dson ~ouleva~d, Jersey city, Ne~ Jersey for recognition of access ~n ac=or~mce with the State of New York Town Law, Section 280A. Lo~ation of proportyz southwest side Sage Boulevard, Greenport, New York, b~unded north by Sage Boulevard, east by William Kilion, south by basin, and west by Charles Saga. 2. VARIANCE. By resolution of the Board it was determined that (o) Strict application of the Ordinance (would) (~ produce practical difficulties or un- necessary hardship because ~'I:Ls r:Lght-o£-way has ]~e~ used £or ~ny ~ars ae access for a large su~er colony at the end of the r~ght-of~#ay which ~e 15 f~. wide and ~n good cond~tion. Applicant cannot ~ecu=e a bu~l~ng permit without th~s recognition of access. (b) The ha~ship created(is)(~l~nique and(~,d~(would not)beshared by allproperties alib inthelmmediatevicini~ ofthisproper~ andinthesameusedistrictbecause there ia only one other lot available on this side of the right-of-way and that would also be used for a residence. At present applicant has ~ house trailer 1orated on his lot which w~ll be remove~ upon completion of h~s house. (c) The variance (does) (~¢~): observe the spirit of the Ordinance and (~:1~ (would not) change the character of the district because the use o£ tho ~roporty w,~.l be residential in kee~/ng wSth ~e area, there berg other residences on this rXght-of-way and a summer colony at the far end of ~t. and therefore, it was further determined that the requested variance ( ~ be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ~ be reversed. John ~Zigg/ns Sa grante~ re¢oqn~t$on of access to h~a lo~ located on the southwest side of Sage Z~oulev~r.3o Green~, N~f York. ~a~ ~4 ZONING BOARD OF APP~LS '~dl~ T. Bok~, Secze~ FORM NO. 1 ( TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. Annro.r ved ....... ~......'.~-~-~- ............. "~ ........... / , 19../'...~"...Permit' No...~:......(..~. ................. (~ c~. Disapproved a/c .'1 !/~ .................................................. .............. .................................... : ................. (BuJ~Jing Inspector) Application No../...~....~.....~ ............ APPLICATION FOR BUILDING PEP, MIT INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted in duplicate to the Building Inspector. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving o detailed description of layout of property must be drawn on the diagram which is part of this application. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the progress of the work. e. No building shall be occupied or used in whole or in pa rt for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of o Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances and regulations. (Signature of applicant, or name, if a corporation) 301~ ~udson Blvd~ Jersy Cityt N.J. (Address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. ........................................... 01~/'~-G~ ........................................................................................................................................... Name of owner of premises ......... ~.OJ'~L....~,~.irl,~ .......................... ..................................................................... if applicant is a corporate, signature of duly authorized officer. (Name and title of corporate officer) 1. Location of land on which proposed work will be done. Map No: ............ J]agl~ ...................... Lot No: ...~:~ ......... Street and Number .......................... Municipality 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy ...... .V~I.~I~J~.~..]~Cdl..J[.~.GI~.DD~O.:~T...t~r~.I~...~DZ~.). ................................... b. Intended use and occupancy ............ O. TL~...~.~.~...~L~e].],,~"I~ ....................................................................... (- Repair .................... Removal .................... Demolition .................... Other Work (Describe) ........................ 4. Estimated Cost ...~..~..O.g.q..]~./.~.~ ................................... Fee ........... ],.0.,L0.0 ................................................................... (to be paid on filing this application) 5. If dwelling, number of dwelling units ..... ~ ................. Number of dwelling units an each floor ............................ If garage, number of cars ............................................................................................................................................. 6. If business, commercial or mixed occupancy, specify natureand extent of each type of use ................................ 7. Dimensions of existing structures, if any: Front .......................... Rear ..........................Depth .............................. Height ............................ Number of Stories ........................................................................................................... -.. Dimensions of same structure with alterations or additions: Front ................................ Rear ................................ Depth ............................ Height ................................ Number of Stories ........................................ 8. Dimensions of entire new construction: Front ............ .~.8 ............... Rear ......... ..~J~ ............. Depth ..~8..~l;J~;~. Height ............................Number of Stories ....... ozi. e .................... 9. Size of lot: Front ....... 2Q0 ................. Rear ......... '19.~. ........... Depth ...1,~j'.'l.]Q ................... 10. Date of Purchase ......... ........ 'J ~).61l .............................. Name of Former Owner ....CJ~I.S...~.g~ .............................. 11. Zone or use distdct in which premises are situated....t~A.t;...~;J.,~.l~ .......................................................................... 12. Does proposed construction violate any zoning law, ordinance or regulation? ......... .~..O. ........................................ 13. Name of Owner of premises ....... .,T..OJl,~,..]Tut,~;J.~l....Address ....~T. EI:~,S~....CJ~L.~,~t ................ Phone No ..................... Name of Architect ......................................................Address ............................................ Phone No ..................... Name of Contractor ....... .,T.gJ~'~....~,~tJ~.~,~ ..............Address ............................................ Phone No ..................... PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and indicate all set-back dimensions from property lines. Give street and block numbers ar description according to deed, and show street names and indicate whether interior or corner lot. STATE OF NEW_YQR, K . ) COUNTY OF ....~..U.~:].~.~.'..],.~.. ........ ) S.S. ................................ ~.O....J~.......~..~../~.~..~..g. .................................... being duly sworn, deposes and says that he is the applicant (Name of individual signing application) above named. He is the ....... 0~/'~.GZ' ........................................................................................ (Contractor, agent, corporate officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the ~n~ ~[~orth in the application filed therewith. Sworn to before me this -' tar p, ....................... ') Z. ....... Nota~ Public, ..~.~,~......~~ ~'"~- ($i~r~pplicont) ......................... BOXES 5 THRU 9 MUST BI~ TYPI~'I~ ~ PRINTED. IN ~LACK INK ONLY, 'TOR TO RECO~ING 0R FILING 11639 209 ~p~ ~ " TORRENS Scrlal ~ ~ T~ ~. ~, ~ .._, ,. Ce~ificatc ~ Prior Deed/Me.gage Inst~ment II Deed/Me.gage T~ Stamp II ~o~n~ ~ Fi~ng Stamps 4 ~ 573 ~s ~.~ ~.~.~ ~1 ~9 ~o.~.~*m,. Handling ~ q ~ 1. Basic T~ ~otatlon Sub Total EA-SZ17 (County) ~ ~X~, Sub Total ~ q qO 3, Spec,lAdd, EA-5217 (State) '~ KP,T,S,A. I~T Dual Toxyn Dual County Held for Appo~ionment Comm, of~d, 5 , 00 Affidavit Ce~i~ed Copy The prope~y eo~e~d by thi~ mo~gage q ~ 0 ~ is or will be improved by a one or two Rc~ Copy Sub Total family dwelling only. Other G~D TOT~ ff NO, sec approp~ate t~ clause on page g of this instrument. :~:~ -: Rc{I Yrope.y Tu Se~ce A[~cy Veri~cmtion Title Company Inform{lion ,. .... ~. gilt Section Block Lot ~,~ /0~ ~G ~ ¢~ ~/¢, ~ Fidelity National Title Insurance Sthmp }~ ~aX ~ Comply Name Tillc Number :.:: [ Cas~ Check rge Fidelity National Title Insurance CO:t" ~,~? ~co~ ~ xo ~::: (ADDRESS1 B s ffo k & ndo me.te. e This page forms part of the attached ~ ~ made by: ~eed, Mortgage, etc.) ~- ~ ~ ~ ~t4~¢ The premises herein is situat~d in sovvo~ coo~, 8~w YO~. TO In the ~LAGE iSTRICT ':CTION ,OCK )T 005 Made the ~/'l day of MAY and ninety-three ~gt~Utg~ HERMON J. BISHOP, 195 Mill Road, P.O. Box 1469, Westhampton Beach, NY 11978 duly appointed in the action hereinafter mentioned, Grantor Charlotte Sage Jurgensonf/k/a/ Charlotte Sage, Michael Sage, James Sage and Patricia Sage Kondak Sage Boulevard, Greenport, New York nineteen hundred Referee that the Grantor, the Referee appointed in an action between CHARLOTTE SAGE JURGENSEN, f/k/a/ CHARLOTTE SAGE, MICHAEL SAGE, JAMES SAGE & PATRICIA SAGE KONDAK f/k/a/ PATRICIA SAGE and BAYVIEW REALTY DEVELOPMENT CORP., HARBOR VIEW REALTY CO., KEY BANK OF SOUTHEASTERN NEW YORK, N.A., CHARLOT1ESAGEOUG~SON plaintiff foreclosing a mortgage recorded on the 28th day of March and eighty-nine in the off'ce o! theClerk Suffolk. , in liber 14976 o[ mortgages, at page 264 , in pursuance of a judgment entered at a special term of the Supreme Court of the State of New York, County of Suffolk defendants, nineteen hundred of the County of on the 14th day of April nineteen hundred and ninety-three and incon$ideratlonof One Million Two-Hundred Fiftyi%Four %housand Four Hundred Twenty-Two 02/100 '($1,254,422.02) Dollars paid by the Grantee, being the htgheat sum bid at the sale under said judgment does hereby grant and convey unto the Grantee, all the right, title and interest of the defendants in and to J~G'tblt c~rtitn plot, piece m' paFcel 0£ 14~, Ilt~te, Xy~ ~ k~ It ~g~, ~ o~ 5outhold, Cowry o~ k~o~ ~ I~te o~ ky York, ~ ~e ~tLcuXizly ~unde4 ~Z~ it 4 ~n~nt ~t on ~e ~lte=ly iX~ o~ ~n ~d, (N.X.S. Route 25) ~irl the ~ Ll intersected b~ the ~rt~cXy 11ne o~ l~nd~ 41 ~ovn oh Subd~vilion Of ~uthold R~X~ ~K~ 8long the ~llterXy side o~ Ha~n Road the 3. ~r~h 12 deg~ffffl ~J minutes ll ~econd~ East ~76.45 feet to 4 ~int 4nd/ 4. North ? degreeI 21 minutes 21 seconds East 165.76 feet to 4 ~int~ RUNNING THENCE along the Southeasterly ]~ne of lands nov or for~rly of ~n9 llland Railroad North 42 degree" 20 minutes 23 seconds East 442.?4 feet to ~ point; RUNNING THENCE along the Southvesterly ]Jne of ~ands no~ or formerly o~ Ja~s Pom~llico, Posilllco Construction Co. Inc., ~elthesia Group and Alexander McBride the follow,ns four courses and distances: 1. South 45 deqteel 21 minutes 46 lecond~ Bast 205.42 feet to a ~lnt~ 2. ~uth 5S degrees 45 einutel 26 ascends Bast 2735.76 feet 3. ~ut~ J9 degreel 35 minutes lO leconds Bait 1326.69 feet to a ~n~nt Indl and; ' ' ' llL~ t~t~z IMrk of 8helteF Island ~; ~"~ ,~ '~l~ ~ ~e high voter ~:k ~ h~ Zi~ ~ h ~oXXa~ tL~ tlc XLne courses ~d 4. ~r~ 70 ~greel 42 minutes 04 ~nds ~st 96.13 feet S. Gc~tJJ 89 degrees 20 linutal 28 seconds ~est 70.96 feet to 4 point; RUNNXNG 1'Ii.aCE &long s void buZkha&d the ~o~l~ng n~ne c~Mi ~4 di~t~els 1. ~u~ 31 degtees Il m/huLeo 45 oecondl Nest 11.31 ~qet to · 2. North 64 degze~l 40 minutes Ol seconds ~est 197.34 feet tO · 3. ~th 64 deq~ie~7 m~nut~l 42 seconds ~elt 380.06 feet to 4 ~nt; ~:; 4. North 64 degrees J2 minutes Jl leconds Nest 289.24 feet to a S. ~vth 76 de,reel 09 m~utel SO ascends Nest 43.85 feet to a ~nt. &. North &4 de~e~ 22 etnutel 27 seconds Nest 220.43 feet to a ~lnt; 7. North 17 de~ej ]O minutes 37 seconds ~cst 36.68 feet. i. North 61 degrees ]7 A~nutes O5 seconds ~es: 308.25 feet. to a ~nt and~ 9. No[th 35 ~9reel 02 minutes 41 seconds Bast 43.24 feet to a 3i,.lorth 13 delftsI 44 minutes 07 Seconds hat 22.45 feet 4. ~th I d~ree 13 minutel 46 second· ~oL 54.52 S. h~ Il ~greEI ~1 mXnuteo 5S second· east 178.54, 6. ~ 31 ~grfll 30 minutes S6 8econ~l NWlt 7. kr~ 67 hazels 19 minutes 26 ascends ~es~ 3~.JX , ree~ te· I. ~u~ 70 ~grees 40 minutes 38 seconds West ~7.59 to a 10. ~uth 0 degrees ~6 minutes 23 seconds east 73.63 ~eet to a ]]. ~uth 4 degrees 51 minutes 27 seconds Nest ]46.8S feet to a ~int; 12. ~uth 3 degrees 07 minutes 36 seconds ~est 368.58 feet to a ~nt; ~3. South J6 deg~ee~ 2& minutes 28 seconds ~aat 25.57 feet to a ~int~ 24. ~uth 7 degreei 04 minutes SI aecond~ Neat ]09.7S /est to 4 point: IS. Iloftb'dJ'dogroee 17 minutes 24 second· #eat 40.~3 feet 16. IlortA 2 d~Jree8 IS minute· 22 macond· hat 32.60 feet to · point; · to 4 PO~ntl Il. North 57 battle 36 minutes 21 lecOndl Welt 32.0? feet to · PS,At; AUHNIN~ TI~3~Z along the Easterly ·nd Northerly lines of l&nd· nM or formerly of Wow·rd and Dorothy Zehner the 1. North 4 d~gree· Il -inute· 12 second· East 771o06 feet 2. North 80 degrees 27 minutes 08 ·e¢onds West 453.84 feet RUNNING TNE~E ·long lands nov of formerly of William Joseph and Na~te Knisak, doseph ·nd Rose Zuda and Hurray and Selma decobs the following five cour·e· and distance·: ]. North 7 degrees 43 minutes 02 seconds East ~est to · point~ 3. N~tth 76 degrees $$ minutes 3~ seconds Nest IS4.1]. 4, North 77 degree· 56 minutes 38 seconds Nest 218 ~eet to s point and; 5. South 12 degrees 03 minutes 32 second· West 106.19 feet to the approximate high water mark o! the *Basin'; RUNNING TflI~NCE around and through the *basin' the fo~lowing eight course· and dlat&ncelf 3. IoutA '76 devr~eb 00 minutes 38 seconds hot 196.94 . feet ~ b 1~ n~ or fo~rly of 3. ~ IS ~grees SS ~nubo 0~ ~cofld. West 166.02. fee~ ~o b ~ ~ or ferrariy of Ze~er; 5. ~uth 7 deg~eel 43 m~utel 02 leeondl ~elt 400,00 to a 6. ~u~ 47 degrees 09 mXnutml 31 seconds East 295,00. feet to a ~tnt; 7. ku~ 60 degrees 21 mXnutei 56 second8 ~est 197.13 . feet to 4 ~eet to ~ RUNNXNG THENC~ aXonS the Northerly l~ne of lands sho~ off su~vioLon 'SOUTHOLD SIIORES" filed map nu~ar~ 3853 Nort~ 7~ degteel 27 minutes 34 lecondl ~eet and through a ~nument 945.33 ~eet to the easterly e~de o~ ~in Road (N.Y.S, Route at the ~t place o~ BEGINNING. PA]lOlL II ALL that oerta~n plot, pleas o~ parcel of land, Situte, lytfq ~ b~ It ~, ~ of ~ld, ~ of EZIIK it ~ ~r~eater~y ~rMr of t~ ~re~n pr~MI ~re ~ inter~ts ~ ~t~aotetly ~r~r or l~l~ ~M al~ the a~roa~te high ~ter Mrk of biter lsl~ ~ ~ ~ 'Creek' t~ foll~tng twnty-ftve I. ~th SI ~reeo 14 minutes 34 ~c~%do wot 49.14 to · to a 3. ~r~ 4. ~rtb to · S. ~ to I ~ a ~lnt~ I. ~r~ 4~ ~gr~e 14 ml~tes S~ ~c~d8 war ~ f~t to · ~lnt~ ~. ~r~ ~6 ~9reel 01 minutes ZZ ~8 east 86.77 feet ~ a 71 d~lrees 03 minutes 0! seconds wot 71.31 f~t 71 ~ree8 41 mXflutel 0S ~1 wit 167.77 feet 73 ~r~s 51 minutes 0l M~s wet 141.la f~t ~1 ~reel 21 M~tel O~ ~dl mst ]~l.OS feet la. ~ S~ ~r~w lO ~w 41 ~o eiet 4~.~6 to · ~tl 13. ~ S ~reee IS minutes 2S ~s wet 4S.J5 f~t ~greeo 14 m~nutee 31 ~s eest tS.Il feet ~r~l 43 minute· 3S H~s esot ~2.4J feet ~grfls St minute 31 Mco~s esot 3S,54 ~reeo 31 iinvtee 40 ~ds ernst 68.4t f~t ]~. SOMtA )& degro~· )S minutes $3 sec·fids east 84.30 feet to a point/ ~3. Somtb 74 6eSteem 10 minutes S! ~cond· fist ~:t I,.b~S. ~rfs 18 minute· 46 ~m .,.t ,06.,. f.,t ~rMr of l~o ~ ~ fomrly of ~ l. feet to tbs J~)lnt or pl~e of ~0 ~a~t aH~ tO ~Ol~l the premises herein granted unto the Grantee and assigns forever. Whenever the text hereof requires, the singular number as used herein shall include the plural and all genders. the Grantor has hereunto set his hand and seal, the date first above written. ..... ~L.S. ~ HERMON 3'. BISHOP STATE OF NEW YORK ) COUNTY OF SUFFOLK I ss.: On the '7~/0 day o£ before me came HER-~ON J, EISHOP to me ];nown and known to me to be the indlvlduaI instrument and acknowledged to me that he KAREN R. BROWN Notary Public, State of New Y~ No. 30~12976 O~llfi~ in Ne~u ~ nineteen hundred and nineS-th Referee described in, and who executed, the foregoing executed the same. Dee REFEREE'S DEED IN FORECLOSURE TO Dated, 19 · RECORDED ON THE ............ day o! ................................................... ~9 ........ at .............. o'clock ........... M. Liber ........................ o~ Deeds ~ Page ........................ and examined Reserve t]~'s space lot use o[ Recording Ot]Jce. 0¢ $ L,) ~ V ~'yE 0 MOWAP--D 1-4. ZEMNER Z Southold Town Board of Appe e s ACTION OF THE ZONING BOARD OF APPE~S Appeal No. 3320 Application Dated December 31, 1984 TO: D'Amato, Forchelli, Libert, Schwartz, v:,,~:y Forchelli Esq. Mineo and Weins~ein 120 Mineola Boulevard, Box 31 Mineola, NY ll501 At a Meeting of the Zoning Board of Appeals held on '~ ~%~ · [Appellant(s)] the above appeal was considered, and the action indiCated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ]' Request'for Special Exception under the Zoning Ordinance Article , Section IX] Request for Variance to the Zoning Ordinance Article III , Section 100-31 [ ] Request for Upon application for BAYVIEW DEVELOPMENT CORP. (SAGE), by J. Forchelli, Esq., 120 Mineola Boulevard, Mineola, NY ll501 for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, and Article XIII, Section 100-136A for approval of insufficient ar~ea of each lot in this proposed 19-lot cluster development or subdivision and insufficient setbacks. Location of Property: 67380 Main Road, Greenport, NY; County Tax Map Parcel No. 1000-053-05-001, 001.3, 12.3; known and referred to as "Breezy Shores." In this appeal, variances from the lot yard requirements with subdivision of Section 1984. Bayview Development Corp. seeks numerous area, lot width, frontyard setback, and side respect to the 19 lots shown on a proposed One of its property, plan updated December 18, Appellant is the owner of a tract of land comprising approxi- mately 83 acres of land bounded on the north by N.Y.S. Route 25, on the south by'that portion of Peconic Bay locally referred to as Pipes Cove. The premises are shown on the Suffolk County Tax Map as Dis- trict lO00, Section 053, Block 05, Lots 1, 1.3, 12.3. 2.~ Appellant has filed a sketch plan for the development of Section One as a cluster development, pursuant to Section 100-136 of the Town Zoning Code. Although Section One comprises an area of 43.756 acres, 29 acres thereof consists of ponds, wetlands and marsh land, which is proposed as "open area"; 2.5 acres proposed as a boat basin; 1.556 acres consists of an "island"; and the remaining six acres comprises 19 proposed subdivision lots adjacent to Pipes Cove, and which lots are the subject of this appeal. The 19 lots comprising Section One range in area from 9,000 sq. ft. to 25,000 sq. ft. with the average being approximately 12,000 sq. ft. in area. The lot widths along the southerly line of the private road range from 25 feet to 105 feet, with an average of approximately 67 feet. The frontyard setback is proposed to be 25 feet. Section 100-136(A)[2] of the Zoning Code provides as follows: "...(2) In a cluster development, lot area shall not be DATED: (CONTINUED ON PAGE TWO) CHAZP~N, SOUTHOLD TO,tN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Page 2 Appeal No. 3320 Matter of BAYVIEW DEVE~MENT CORP. ~ec~sion Rendered June~m~9, 1985 reduced by more than fifty percent (50%), and lot width and depth, front yard, rear yard, and side yards, shall not be reduced by more than thirty percent (30%) of the minimum requirements set forth in the Bulk and Parking Schedule ...... " The premises are located in the "A-80" Agricultural and Residential Zoning District, and the Bulk,land Parking Schedule requires a minimum lot area of 80,000 sq. ft., minimum l~t width of 175 feet, a lot depth of 250 feet, front yard of 60 feet and rear yard of 75 feet; one side yard of at least 20 feet ~nd both side yards having a total of not less than 45 feet. It is apparent that none of the 19 lots comply with the code requirements for a cluster development with respect to lot area, lot width or front yard setbacks. The largest lot (No. l) has an 'area of 25,000 sq. ft., or 63% of the required area. Four of the smallest lots (10, 14, 15 and 17) have an area of 9,000 sq. ft., or 23% of the required lot area. The sideyard dimensions are not shown on the sketch plan, but appear to be substantially below the minimum requirements. An examination of the sketch plan indicates that Appellant proposes the land north of the~ 19 lots and across the private road, comprising 20.5 acres to be subdivided as another Section in the Future. No explanation is given why this land cannot be added to the lots in Section One to increase the lot areas and setback requirements to conform to the code requirements. It has been held by the courts (VanDusen v. Jackson , 35 AD2d. 58) that a Board of Appeals cannot under the semblance of a variance exercise legislative powers. It is apparent that the variances requested are substantial with respect to lot area, lot width, and other setback requirements and would affect each and every lot in the proposed subdivision. The effect of the grant o.f the variances requested would be to establish a .zone district completely at odds with all other zone districts provided for in the zoning code and zoning map. This board does not be- lieve that it has the authority to create new zoning districts under the guise of a variance. Such authority is vested in the Town Board, the legislative body of the Town. Now, therefore, on motion by Mr. Grigonis, seconded by Mr. Sawicki, BE IT RESOLVED, that it is the determination of this Board that it is without jurisdiction to grant the relief as requested, and the appeal is therefore denied. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and Sawicki. (Member Douglass abstained.). (Member Doyen was absent.) This resolution was adopted by majority vote,of the four members presen.t. !k $OUTHOL D tZ~ J GENERAL NOTES LEGEND i I