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HomeMy WebLinkAbout4272 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 Southold Town Hall 53095 Main Road P.O. Box 1179 Southotd, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 FINDINGS AND DETERMINATION Appeal No. 4272: Application of THOMAS FABB. Variance based upon the August 31, 1994 Notice of Disapproval from the Building Inspector wherein applicant applied for a building permit to replace more than 50% of existing dwelling, without an expansion, and which permit was disapproved under Article XXIV, Section 100-243B of the Zoning Code which does not permit enlargement, reconstruction, structural alterations or movement unless the use of such building is changed to a conforming use. The subject premises contains a total lot area of 1.2+- acres and contains the following nonconformities: more than one single-family dwelling unit on substandard lot in this R-80 Residential Zone District. Location of Property: 1925 Naugles Drive, Mattituck; County Tax Map Parcel No. 1000-99-4-22. WHEREAS, after due notice, a public hearing was held on Octo- ber 5, 1994 in the Matter of the Application of THOMAS FABB under Appeal No. 4272; and WHEREAS, at said hearing all those 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. SITE LOCATION: The parcel in question is located along the easterly side of Naugles Read (near the north end), with a frontage of 120.56 feet and depth of 441.56+- feet, and is identified on the Suffolk County Tax Maps as District 1000, Section 99, Block 4, Lot 22. 2. ZONING: The subject premises is located in the R-80 Residential Zone District, effective January 9, 1989, and is improved with the following buildings: Page ~. - Appeal No. 4272 Application of THOMAS FABB De~cision Rendered November 2, 1994 a) 1-1/2 story (main) wood frame building; b) 20.1 by 16.2 wood frame bungalow building; c) 20.1 by 24.2 ft. wood frame building; d) 30' x 16.4 + variables wood frame building; e) partial construction of the subject fire-damaged building containing an area of approximately 390 sq. ft. {encompassing the present footprint area of 12.3' x 12' plus 20' x 12~} as more particularly shown on the survey prepared for F & F Management Co. under this application. 3. EXISTING USE: The use of this property has over the years been for a main single-family dwelling and accessory bungalow buildings. The Town's assessment records show that the property was assessed for five buildings since on or about January 9, 1962 (and before): the main building has been used for single-family occupancy and three of the four remaining buildings (which includes the subject bungalow) as single-family occupancy. 4. OWNERSHIP: The applicant herein is one of the owners who acquired the property on June 12, 1981. 5. BASIS OF APPEAL: By application to the Building Inspector dated March 25, 1994, an application for a permit to rebuild an existing bungalow building was filed and disapproved on the following grounds: ~*...Article XXIV, Section 100-243-A, W~A non-conforming building containing a non-conforming use shall not be enlarged, reconstructed or structurally altered or moved unless the use of such building is changed to a conforming use.'~ 6. ISSUES OF LAW: First, it must be determined whether or not the nonconformity of multi-residential occupancy at the site has been intentionally abandoned, or impermissibly changed. Testimony was submitted clearly showing that there was no intention by the owner to abandon the use of this bungalow. In fact, the owner applied for, and received, building permit #22020Z on 4/15/94 from the Town to rebuild and renovate 50% of the building as existed prior to damage by fire. However, in proceeding with the reconstruction, it was necessary to exceed the town's 50% limitation to complete the building. Damage by fire, together with the owners' actions to rebuild is not evidence of intentional abandonment. 7. PERCENTAGE OF RELIEF: The amount of relief requested by this application is to rebuild the remaining 50% of the original size of the bungalow with a nonconforming setback at 1+- ft. from the property line. Page J - Appeal No. 4272 Application of THOMAS FABB De~ision Rendered November 2, 1994 8. In considering this application and viewing the site and the character of the area, the foliowing are noted: (a) the subject property is located in a residential neighborhood, and is surrounded by single-family homes in a waterfront community. There are valid concerns from not only the Board Members but also residents in the area that improper and excessive occupancy of the main building must cease for aesthetic, safety, health, zoning, and other related purposes; (b) that the essential character of the neighborhood will not be adversely altered by the construction of the building by 50% provided the size is limited to the size as previously existed at not greater than 400 sq. ft. and with the prevision that all buildings comply with the zoning code for occupancy; (c) that the relief as requested is not the minimum necessary to afford relief to the applicants; (d) the difficulties claimed in reconstructing to the original size, which is 50% more than the present code limitation, are uniquely related to the preexisting nonconformities of the land; (e) that there is no alternative available which is feasible for appellants to pursue; (f) in considering all of the above factors, the interests of justice will be served by granting alternative relief, as conditionally noted below. Accordingly, on motion by Member Doyen, seconded by Member Dini~.io, it was RESOLVED, that the application as filed by THOMAS FABB be and hereby is GRANTED, authorizing the Building Inspector to issue a building permit for such construction in full compliance with all other provisions of the Zoning Ordinance and the Building Codes of the Town of Southold and all other regulations pertaining to reconstruction of the bungalow building, for singla-fami~y occupancy, and SUBJECT FURTHER TO THE FOLLOWING CONDITIONS: a) the owner may be permitted to rebuild only with the original building envelope size at not greater than 400 sq. ft. in size as shown by the survey submitted by applicant; b) the location of the building, as reconstructed, shall be placed with a setback at not closer than five (5) feet to the side property line, rather than in the same nonconforming setback - Page 4 - Appeal No. 4272 Application of THOMAS FABB Debision Rendered November 2, 1994 particularly since no foundation existed on the former building when habitable; c) before issuance of a Certificate of Occupancy and before occupancy of the building, the main building must conform to single-family occupancy and removal of all cooking and kitchen areas, except that one kitchen may remain as exists on the main (first) floor; d) before issuance of a Certificate of Occupancy for this building, the building inspector, or other appropriate enforcing officer, shall inspect the buildings for proper occupancy, and note his findings, in writing, in the application file before issuance of a certificate of occupancy for any of the single-family buildings. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio, and Wilton. (Member Villn was absent out-of-state). This resolution was duly adopted. lk / NGER, ~AIRMAN RECEIVED AND FILED BY THE SOUTHOLD TOWN CLER~ Town Clerk, Town o! ~outhold 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 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Tow~ of Southold, that the foliowiug public hearings will be held by the SOUTHOLD TOWN BOARD OF APPF~ALS at the Southold Tow~ Hall, 53095 Main Read, 11971, on WEDNESDAY, OCTOBER 5~ 1994~ times specified below: Southold, New York commencing at the 1. 7:30 p.m. Appl. No. 4255 - ROBERT S. SEARLE. (Continuation of Hearing held August 11, 1994). This is a request for a Variance under Article III, Section 100-32 of the Southold Town Zoning Ordinance, based upon the July 12, 1994 Notice of Disapproval from the Building Inspector, for permlgsion to construct new single-family dwelling and deck at a reduced setback from the front property line along Private Read off East End Road, Fishers Island, NY; County Tax Map Parcel ID No. 1000-7-2-8. The subject premises contains a total lot area of approximately 3.16 acres with frontage along two private roads, one located at the north end and the other at the south end of this parcel. The Zone District is R-120 Residential which requires a minimum front yard setback of 60 feet. Page 2 - Legal Notice Regular Meeting of October 5, 1994 Southold Town Board of Appeals 2. 7:35 p.m. Appl. No. 4268 - EDWARD AND EVELYN HALPERT. Variance from Article IIIA, Section 100-30A.2C(1) {ref. Section 100-31C(4-b) and 100-33C}, based upon the Notice of Disapproval (as updated August 10, 1994) for permission to ]ooate tennis court structure with 10 ft. high fencing with insufficient setbacks when located in the front yard, and with fencing exceeding the four-ft, height restriction under Article XXIII, Section 100-231A. Location of Property: 2125 Town Harbor Lane, Southold, NY; County Tax Map Parcel No. 1000-66-1-31. 3. 7:40 p.m. Appl. No. 4269 - FREDERICK RAYMES. Variance from Article IIIA, Section 100-30A.4 (ref. 100-33) based upon the August 2, 1994 Notice of Disapproval for approval of accessory shed building, as exists in the northerly side yard area. Location of Property: 704 Wiggins Lane (with frontage along oanal of Gull Pond Inlet), Greenport, NY; County Tax Map Parcel No. 1000-35-4-19. The subject premises contains a total lot area of 14,316 sq. ft. {Setback of building when located in an area other than a permitted yard must be determined by the Board of Appeals.} 4. 7:45 p.m. Appl. No. 4270 EILEEN FARRELL. Variance based upon the August 22, 1994 Notice of Disapproval from the Building Inspector wherein applicant requested a building permit to construct addition and alteration to a nonconforming building with a nonconforming use, and which permit was disapproved under Article Page 3 - Legal Notice Regular Meeting of October 5, 1994 Southold Town Board of Appeals XXIV, Section 100-243 of the Zoning Code which does not permit enlargement, reconstruction, structural alterations or movement unless the use of such building is changed to a conforming use. The subject premises conlAin.~ a total lot area of 28,710+- sq. ft. an~ contains the following nonconformities: more than-one single-family dwelling on a substandard lot; nonconforming easterly side yard. The following expansion is proposed: new addition which will increase the floor area, and proposed deck addition. Location of Property: 760 Great Peconle Bay Boulevard, Laurel, NY; County Tax Map Parcel No. 1000-145-2-7; also shown on the Map of Dudley Park fried September 17, 1928 as Lot 3. 5. 7:50 p.m. Appl. No. 4271 - JEAN and LOUIS WALTERS~ JR. Variance based upon the September 13, 1994 Notice of Disappreval from the Building Inspector wherein applicants applied for a building permit for an accessory deck, as exists around swimmlngpool structure, with an insufficient southerly side yard setback. Location of Property: 1450 Boisseau Avenue, Southold, NY; County Tax Map Parcel No. 1000-55-6-22. 6. 8:00 p.m. Appl. No. 4273 - RUSS L'HOMMEDIEU (as tenant and resident). Variance based upon the August 25, 1994 Notice of Disapproval from the Building Inspector wherein applicant applied for a building permit to alter an existing one-family dwelling with an expanded home occupation carried on in an area exceeding 500 sq. ft. Page 4 - Legal NoticeO Regular Meeting of October 5, 1994 Southold Town Board of Appeals of floor area. The subject premises contains a lot area of 30,625+- sq. ft. and is improved with a single family dwelling, occupied by the applicant's home office. Location of Property: 1450 Boisseau Avenue, Southold, NY; County Tax Map Parcel No. 1000-75-2-3.1. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated above. If you wish to review any of the above files or would like to request more information, please do not hesitate to eail 765-1809 or visit our office. Dated: September 19, 1994. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowaiski X FORIq NO. 3 TOWN OF SOHTHOLD BUILDING DEPARTHENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL To Thomas Fabb 21 Ellen Place Kings Park, N.Y. DATE: August 31, 1994 PLEASE TAKE NOTICE that your application dated . . ~p~l. 12, 94 renlace more than 501 of an existing building for permit to .... ; .................... at 1925 Naugles Drive Mattituck Location of Property .... ~ ....................................... House No. Street Hamlet County TaxHap Ho. 1000 - Section . 99 BLOCK 4 LOT 22 Subdivision ....................... .. .. . .. . Filed Hap No .......... Lot No ........ is returned herewith and disapproved on the following grounds ...p.p?pS?pforming building containing a nonconfomlng use which has been damaged by fire or other causes to the extent of more than 50l of it's fair value shall not be repa~ed ~r rebuilt unless tction required by the Zoning Board ~ Appeals. ~ILI)ING INSPECTOR RV I/SO Examined 19... Approved ................. 19... Permit No ........... ~' Di,approved a/c ;. .ff : .%3/. ......... I' FORM NC). 1 YN OF SOUTHOLD DING DEPARTMENT TOWN HALL YHOLD, N.Y. 11971 TEL.: 765-1802 · (Building Inspector) APPLICATION FOR BUILDING PERMIT §OARO OF' IlEAL'i'll 3 SETS OF PLANS ........ SURVEY CIIECK CALL ;;; ............... Date ................. 19... 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 un}fl a Certificate of Occupancy shall have becnI, ranted_bv the ' L ....... guikiJ~,,~In~cctor. . ~, tthe Buildin§ Department for the issuance of a Building Permit pursuant to the '~outhold, Suffolk County, New York, and other applicable Laws Ordinances or ings, additions or alterations, or for removal or demolition, as herein described. lplicable laws, ordinances, bu~kiing code, housin~..ode, and re§uiations, and to /in bui'ding for necessary in ~c~10.~cfl~i/a~ff ' (~¢57 (Sign,,ture of applicant, or name, if a corporation) I (Mailing address of apptficant) t3:5~ ' {gent, architect, enyr' general contractor, electrician, plumber or builder. If applicant is a corporation, signature of duly authorized officer. a e n e of co orate officer) Builder's License No" Plumber's'License No ......................... Electrician's License No... . ................ Other Trade's License No .... 1. Location ofland'on which proposed work will be done. · .~ fl/~51~'aZz~---5' .~.~./.L.~ House Number Street ...................... ' ............. Hamlet County Tax Map No. 1000 Section ............... Block ............. Lot...~¢.~ ........... Subdivision ..................................... Filed Map No. (Name) .............. Lot ............... State existing use and occupancy of premises and intended use and occupancy of proposed construction: b. Intended use and occupancy .'. / ~./~/%'Z/ai .)e 3. Nature ofv~ork (check which applicable): New Building ..... '..': ·. Addition ......... Repair .............. Removal ....... Demolition . ~; -~ '~. ' ....... ..... · --.;..-. ,--..-r .... Otb .~'.~..~'O scriptio 4. Estimated Cost . · ~,~. O.~ .................. Feval~ If dwelling, number of dwell ng un ts (to be~naid on $. /t Number or ,tll,;~.-~4a .... :... _:2... ,. 'l~garag,e,' numberofcar, ....... ' ....... ' -~.~7..,ts on each noor...t .......... 6. business, commercial or mixed occupancy, specify nature and 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 ...................... Depth ...................... Height ............... 2. Rear ................. g. ' ..................... Number of Stories ............ Dinlensions of entire new Construction: Front ........... . .... . . .: 9. ~eight, . .' ............. Number of Stories ......... Rear . Depth ..; ........... azze otlot: Front .................... .. Rear ...................... Depth 10. Date of Purchase ................... ......... Name of Former Owner 11. ' Z°ne or use district in which premises are situated ........................ 12. D.oes proposed Construction violate any zoning law, ordinance or re ulati · 13. W ' dl lot be regraded ........... ,,. g on ............................... 14. N~meofOwnerofpremises ~-~-~'j~q~ ....... '/~fileye?sfll~lber%m~ove,d from premises: Yes - , ' "' .... ~ .... ,~aaress~! ~t'f.,<',vd ~t_. /O,~ - Nara,.' of Architect ~,~z;~- ~'-~,~.._ .... ', · ....... .~PhoneNo...--~...~,~.q.O../?.~. Name of" · --' "" ~-' 2'.: ; .......--'- ....... .~uaress t"g4z, o .47'7- .fi~,~.,?'~,~ Ph " ' ' ~-on,ractor . ,,).-~.%,~ .~ ' ' ' · ,~'~r~t,-~. - one l'~o...; ......... 15. Is t ' ''.'' . .................... ,~aaress .... · ~-' ' ' · ' hzs property wxth~n 300 feet of a tidal wetland9 ' '*~'e's'.' '.'.' '.'.'.'·Ph°ne No ................ · · - NO...; ..... · · If 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 corner lot. STATE OF NEW Y, ORKc~ . , o COUNTy OF .... ?.~' ¥ kokK. a.~ (Nar'he of individmil signing above named. He is the ~ .O..,,~..~.%M6~' (Contractor age/at ................................... · , corporate officer, etc.) of said owner or owners, and is duly authorized to perform or have performed tile said workand to make and file this application: that all statements contained in this application are true to tile best of his knowledge and belief; and that the 'fork will be performed in the manner set forth in the application filed therewith. ~worn to before me this//~ . ........... )/..day ......... ...... //' ............. :7..':"~. · -z~~. -.--.~..-Cqunty (~_~_.~/ff2 F'-) ~. · : .. · tt t .... .......... , g0. 47~, S~ ~u~ (Signature of applicant) TOWN OF SOUTHOLD, NEW YOP, K APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. APPEAL NO. / ........... Name of Appellant Street and Number ' · ,'lC .......... tl, K ................................................................................ HEREBY APPEAL TO THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO ........ _.~_ ~_~. ~ ...... .~..~ ...................... Name of Applicant for permit o, .~L:..~J~.~..~../.r> ~,' ..~N~c~..~ Y, g~ree~'~;g"~g;r ..................... ~'~i~ggi]~''''? ........... ~;~; ....................... ( ) PE~IT TO USE ( ) PERMIT FOR OCCUPANCY ,. ~o~,mo~ o~ ~ ~o~ ..~.~:....~a.¢~J:.~......~.:, ...... ~.~ 5trOt /Hamlet / District lO00 Section ~Q Block ~ Lot 2~ ~--re-* ~ner Map No. '~t No. Prior Owner 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and _Para__graph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article ~ Section /(PO-,F~.~Z5 3. TYPE 0t~ APPEAL Appeal is mode herewith for (please check appropriate box) ( L~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. L~Ws Art. ! 6 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal (has) ~ been mode with respect to this decision Of the Building Inspector or with respect to this property. Such cppeal was ( ) request for o special permit [ ) request for a variance and was made in APpea! No ................................ .Dated .................. ~ .......... ~ ........................................ REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( t~ A Variance to the Zoning Ordinance is requested for the reason that (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLiC,~TION OF THE ORDINANCE would produce practical difficulties or unneces- sa~' HARDSHIP because ~ ~ ~ ~ 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because ~ ~ ~ 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE STATE OF NEW YORK ) C.OU NTY OF ) Signature Sworn to this .............................. day of ........ ... 19 Notary Public ~i-,~,~:,,/-oq TOWN OF SOUTHOLD PJ~,~0PERTY RE '" ;~: .... - CORD =~ CARD ~i OWNER STREET /¢ ~ ~ VIL~GE . ~. DISTRICT SUB. LOT ACR[~A. GE LAND tPoo IMP. NEW NO~AL Fa rm Ac re Tillable Tillable 2 Tillable, 3 Woodland VL TOTAL DATE CB. J MISC. Est. Mkt. Volue REMARKS TYPE OF BUILDING :Total Ill-DING CONDITIO BELOW Velue Per Acre :House Plot Swampland Brushlond~__.. · . ABOVE FRONTAGE ON WATER Value FRONTAGE ON ROAD BULKH~D D~K Extension ~reezeway ~Garage tO B. Foundation Ext. Walls Fire Place Patio Driveway T ut/ Porch Porch Bath Floors Interior Finish Heat Roof Type Rooms Ist Floor Rooms 2nd Floor Dormer OWNER TOWN OF SOUTHOLD PERTY RECORD CARD LAND ~ AGE NEW Fa rm Tillable 1 Tillable 2 Tillable 3 Wood!and Swampland Brushland SEAS. IMP. NORMAL Acre VL TOTAL ~o o STRE,.Sr/9 2.6' FARM DATE )I~-DING CONDIT~C U'O O ' ~,,/ BELOW Value Per Acre VILLAGE COMM. REMARKS DISTRICT SUB. LOT ACREAGE: FRONTAGE ON WATER ABOVE Value FRONTAGE ON ROAD BULKH~D ~ D~K Ho~e Plot Extension 4? ( - ?,.t b Foundation Ext. Walls Fire Place Porch Porch Bath Floors Interior Finish Heat Roof Type Rooms 1st Floor F tl/4- Rooms 2nd Floor Dormer FO¸ L/NE ' HiF :'*DESCRIBED PROPER TY MA7-J'ITI)¢K,TOWN OF SOUTHOLD . SURVEYED FOR: F & F MANAGEMENT CO DEPARTMENT OF PLANNING {III~'COONTY OF SUFFOLK ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE STEPHEN M. JONES. A.I.C.P. November 22, 1994 Town of Southold Zoning Board of Appeals Main Road Southold, NY 11971 Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Aoolicant(s) Municipal File Nur0ber(s) Fabb, Thomas ~/ Grefe, Mary Anne Matos, Rene Moyer, Dale & Stacey Wagner Arnold, Anne L. Morrell, Owen Latham, Joan Mulholland, John H. Varano, Kathleen 4272 4274 4275 4276 4277 4278 4279 4280 4281 Very truly yours, Stephen M. Jones Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner 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 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 November 28, 1994 Mr. Thomas Fabb 2] Ellen Place Kings Park, N.Y. ]1754 Re: Appl. No. 4272- Variance Dear Mr. Fabb: Please find attached a copy of communications from the Suffolk County Department of Planning which results from their review under the Suffolk County Administrative Code for projects located within 500 feet of a state or county highway, estuaries, creeks of the Peconic Bay area, West Harbor, Fishers Island Sound, Long Island Sound, and its tributaries. This copy is for your update and recordkeeping. Very truly yours, Lucy Farrell Enclosure 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 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 M__EMORANDUM FROM: DATE: sUBJECT: TO: Office of the Building Department Thomas Fisher, Bull ~ding l~oPrec~ Attn: Gary Fish, Building Lnspeet John Boufis, Building Inspector chairman and Members of the Board of Appeals November 16, 1994 Inspection Request for Compliance before C.O. property of Thomas Fabb and Others property ID #1000-99-4-22 at Naugles Drive, Mattituck Please find attached a copy of the ZBA determination with conditionS as noted on pages 3 and 4. . . ' dwelling he necessary for all on-site inspection of the m.~.,n dwelling~ It will Building InSpector for compliance as a single-family the by the with one kitchen (on the first floor). The owner is required by ZBA determination to remove any other kitchen or cooking areas in the dwelling, and it was further determined that a Certificate of OccupaneY couid not be issued for any part of the premises until compliance is met under the zoning code. please notify us when the inspection is scheduled in order that one of the ZBA members may accompany the building inspeetor. Thank you for your attention and assistance in this regard. ce: ZBA Members 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 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Pursuant to Article X1V of the Suffolk County Administrative Code, The Board of Appeals of the Town of Southold, New York, hereby refers the foll~ving to the Suffolk County Planning C~,'~ission: Variance from the Zoning Code, Article XXIV , Section 100-2438 __Variance from Determination of Southold Town Building Inspector ~Special Exception, Article , Section __Special Permit Appeal No: 4272 Applicant: Thomas Fabb Location of Affected Land: 1925 Naugles Drive, County Tax Map Item No.: 1000- 99-4-22 Within 500 feet of: Mattituck, NY ~' Town or Village Boundary Line XX Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area Existing or Proposed Right-of-Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines, or __Within One Mile of a Nuclear Power Plant __Within One Mile of an Airport Comments: Applicant is requesting permission to replace more than 50% of existing dwelling, without an expansioq. Copies of Town file and related documents enclosed'for your review. Dated: November 10, 1994 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton November 10, 1994 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 Mr. Thomas Fabb 21 EHen Place Kings Park, NY 11754 Re: Appl. No. 4272 - Variance Dear Mr. Fabb: Supplementing our recent conversation, please find enclosed a copy of the Board's Findings and Determination rendered in the above matter at our November 2, 1994 Meeting. As you know, the Board granted alternative relief for a five ft. front side yard setback at its closest point for reconstruction of the bungalow building, rather than at the existing nonconformign setback. Also, our Department has no objection to a reverse gable roof, eliminating the roof variations of the previous building, with the provision that there be no increase of floor area throughout the building. Before commencing construction activities, please be sure to return to the Building Department to amend the current building permit, or submit a new application for the additional renovations and for the modified location. For your convenience, we have furnished the Building Department with copies of this determination for their permanent recordkeeping and update. Also, we have transmitted a copy of this file to the Suffolk County Department of Planning in accordance with the Suffolk County Administrative Code rules and regulations pertaining to projects located within 500 feet of a waterway. Once we have received their written response, we will forward a copy to you for your permanent recordkeeping. Very truly yours, ,,'GERARD P. GOEHRINGE~/x~ CHAIRMAN Enclosure cc: (With copies of this determination to:) Town Building Inspectors' Office Suffolk County Department of Planning Mr. and Mrs. Frank Weisent Page 4 - Appeal No. Application of THOMAS FABB Decision Rendered November 2, 1994 particularly since no foundation existed on the former building when habitable; c) before issuance of a Certificate of Occupancy and before occupancy of the building, the main building must conform to single-family occupancy and removal of all cooking and kitchen areas, except that one kitchen may remain as exists on the main (first) floor; d) before issuance of a Certificate of Occupancy for this building, the building inspector, or other appropriate enforcing officer, shall inspect the buildings for proper occupancy, and note his findings, in writing, in the application file before issuance of a certificate of occupancy for any of the single-family buildings. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio, and Wilton. (Member Villa was absent out-of-state). This resolution was duly adopted. lk 5738SS1 V2R2M0 Print Key Output 920925 SOUTHOLD Page 1 11/03/94 10:29:49 Display Device User : DSP15 : LINDAK PLl10-23 W5 *INQ* TOWN OF SOUTHOLD PARCEL MASTER FILE INQUIRY 11/03/94 10.29.33 Address: 1925 APN: 1000 NAUGLES ROAD 99 4 22 SEL TYPE EFF DATE 1. PMT 4/15/94 2. TRA 5/18/84 3. TRA 6/12/81 4. TRA 1/18/78 5. TRA 10/04/72 EXP DATE EXCPT 10/15/95 DESCRIPTION BP#22020Z Alteration TRANSFER OWNERSHIP PROPERTY TRANSFER OWNERSHIP PROPERTY TRANSFER OWNERSHIP PROPERTY TRANSFER OWNERSHIP PROPERTY TEXT? Y Y Y Y Y Selection: Cmdl-Prev Screen Cmd7-End Job R-80 MATTITUCI( LIO R'-80/' R-E0 Print Key Output 5738SSl V2R2M0 920925 SOUTHOLD 11/10/94 Display Device : DSP15 User : LINDAK PLll0-41 W5 *INQ* TOWN OF SOUTHOLD PARCEL MASTER FILE INQUIRY Address: NAUGLES ROAD , #1925 Parcel ID: APN: 1000 99 4 22 Transaction Type: PMT 5 Exception: Eff Date: 4/15/94 Exp Date: Description: BP#22020Z Alteration 10/15/95 1. BP#22020Z Repair fire damage and build back the 2. dwelling to original condition before fire dwell- 3. lng was not damaged more than 50%. Page 1 11:24:12 11/10/94 11.24.00 18010 Cmdl-Prev Screen Cmd7-End Job Print Key Output 5738SSl V2R2M0 920925' SOUTHOLD 11/10/94 Display Device : DSP15 User : LINDAK PLl10-23 W5 *INQ* TOWN OF SOUTHOLD PARCEL MASTER FILE INQUIRY Address: 1925 NAUGLES ROAD APN: 1000 99 4 22 SEL 1. 2 3 4 5 6 7 TYPE EFF DATE EXP DATE EXCPT TRA 11/03/94 TRA 11/03/94 PMT 4/15/94 10 15 95 TRA 5/18/84 TRA 6/12/81 TRA 1/18/78 TRA 10/04/72 DESCRIPTION SEE ZBA CONDITIONS TRANSFER OWNERSHIP PROPERTY BP#22020Z Alteration TRANSFER OWNERSHIP PROPERTY TRANSFER OWNERSHIP PROPERTY TRANSFER OWNERSHIP PROPERTY TRANSFER OWNERSHIP PROPERTY Page 1 11:23:27 11/10/94 11.22.17 TEXT? Y Y Y Y Y Y Y Selection: Cmdl-Prev Screen Cmd7-End Job ~ oF~ I~ATHRO,~ 114" ~CALE FAMILY K I TGi-~N I I~F lIlll~Jl INIT I Il 17' 0"¢) AL-L- L..LJIVDEI~ PDLJ6 PLJ~ Ab.L. ,~UR'DEI~'~ POLJI~,bE 2.X ~, AJL. L. f=l.-OOR' dO l bT9 2. X 6 AL-L. POC-~T5 A~E EI THFI~ t~'bOGK, L.O6LJbT P0~T~ 4X 4 01~ I/4 IN6H 12. O"¢ APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, .Ir. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road PoO, Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 September 16, 1994 Mr. Thomas Fabb 21 Ellen Place Kings Park, NY 11754 Re: Variance Application to Rebuild Nonconforming Building Dear Mr. Fabb: Please confirm which of the buildings shown on the attached survey copy is the building to be replaced. We were not able to match the foundation of the new building with any of the existing footprints shown on the survey. Also please confirm on a sketch or map: 1) whether or not you are removing the entire existing foundation and re-building it with a larger foundation (or one of the same exact size. ) 2) the square footage of living area which exists in the subject building (without deck or stoop areas); 3) the outside dimensions of the entire new building, and roof overh~ng distances; 4) the setbacks of the subject building to the property lines as exist (and proposed if different). Please call our office upon rec~ving this ~tter to confirm the above, and then pIease foliow-up with the sketch maps by mail as early as possib~ since the hearing is expected to be held on Wednesday, October 5, 1994. Very truly yours, Linda Kowalski, Clerk Board of Appeals 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 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 September 20, 1994 Mr. Thomas Fabb 21 Ellen Place Kings Park, NY 11754 Re: Variance Application Dear Mr. Fabb: Please find enclosed a copy of the Legal Notice published by our office in the Long Island Traveler-Watchman, Inc. and Suffolk Times newspapers, which shows that the hearing is being held on Wednesday, October 5, 1994 at the Southold Town Hall at the time noted therein. Also, you will find enclosed a Poster Notice which must be placed by you, either on a stake and located in the front yard (road side) of your property, or placed on the front of your dwelling structure where it can be easily seen from the road. The poster must be conspicuously located at this time since the Beard Members are planning to visit your area within the next several days. Please complete the attached Confirmation of Posting, sign, and return it to our office for our update and permanent file. Very truly yours, Enclosures Linda Kowalskl, Clerk Board of Appeals BOARD OF APPEALS:TOWN OF SOUTHOLD In the Matter of the Application of THOMAS FABB and Others CONFIRMATION OF POSTING I, , residing at being duly sworn, depose and say: That on the day of , 199 , I personally posted the property known as "1925 Naugles Drive, Mattituck, New York," by placing the Town's official poster notice on facing the road side of the property, and that the poster has remained in place at least five days prior to the date of the initial public hearing. (signature) NOTICE OF HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York, concerning this property. OWNER.(S) OF RECORD: DATE OF PUBLICRING: oc -o 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 durin~l normal business days between the hours of 8 a.m. and 4 p.m. BOARD OF APPEALS · TOWN OF SOUTHOLD · (516) 765-1809 Page 29 - Transcript o~earings October 5, 1994 Regular Meeting MEMBER DINIZIO: MR. CHAIRMAN: MEMBRS: Aye. Second. All in favor? 8:20 P.M. .~o. 4274 '~'~OMAS F~B MR. CHAIRMAN: Variance based upon tim August 31, 1994 Notice of Disapproval from the Building Inspector' wherein applicant applied for a building permit to replace more than 50% of existing dwelling, without an expansion, and which permit was disapproved under Article XXIV, Section 100-243B of the Zoning Code which does not permit enlargement, reconstruction, structural alterations or movement unless the use of such building is changed to a conforming use. The subject premises contains a total lot area of 1.2+- acres and contains the following nonconformist's: more than one single-family dwelling unit on substandard lot in this R-80 Residential Zone District. Location of Property: 1925 Naugles Drive, Mattituck; County Tax Map Parcel No. 1000-99-4-22. I have a copy of the plan and we have a copy of the original survey of all the houses on this particular parcel, this one in question which is on the north westerly side. We have a picture of the present structure as it exists at this time and a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Who would like to be heard? Sir, how are you tonight? I have first hand Page 30 - Transcript ot~Hearings October 5, 1994 Regular Meeting knowledge from this because I fought the fire. You're welcome to use the mike and a ...... THOMAS FABB: My name is Thomas Fabb. I own property and prior to all of this happening there was a fire on my property concerning this particular house which was determined to be from LILCO electricity and a so we went through the motions of trying to get them into rebuild it and we had gotten a permit and contractor it out to a contractor and in the process of trouble shooting the structure as far as getting rid of the damage of the fire material we or he had requested that we update the structure of the building as far as the roof beams, the ceiling beams and the floor beams because this house was built probably in the thirties and they were using a lot of two by fours, two by twos, two by threes and he proceeded to a use two by tens for the flooring and two by eights for the ceiling beams and two by six for the roofing, for the roofing beams because a he had told me that in the future if we ever had to replace the roof rather than tearing the whole roof down we could put another roof on top if the structure was sound enough and we started to do it and what happened was that we were told by Gary Fish that when he came back to inspect it one day that we had torn down more than 50% of the building and doing this work, and the contractor had tried to tell him that you know we had, they had a big 10 or 20 yard dumpier there and it would be more efficient to take the burnt material down as well as the substandard material down and just rebuild it the same way as it was before except being that we, we Page 31 - Transcript o~Hearings October 5, 1994 Regular Meeting would build it like a factory process where we could just take two by eights put them in, two by twelves, so on and so forth and, but he said that. we had to get a, well get a building permit which we couldn't get but said then we had to go to the Zoning Board and try to get you know a Zoning Board and that's where we are right now. The structure a without change in anyway as far as the outside of the constructor is not going to be moved. The only difference is that inside it will be built with todays so-called Building Constructor Code which will be you know, a larger timber and a to make it more stable, more sound than what it was previously. OK. Lets see if there are any questions from the Mr. Villa do you have any specific questions of Mr. MR. CHAIRMAN: Board Members. Fabb ? MEMBER VILLA: Yes. What else is on the property? There's all kinds of buildings. What is the nature of these other buildings? THOMAS FABt~: There a two, two year, well, this house and another house next to it which is a year round house and then three bungalows and a dock. MEMBER VILLA: Are the bungalows used for rental purposes? THOMAS FABB: Some are, yeah, some are rentals. MEMBER VILLA: So you got two full-time residences on here? Year round residences and two bungalows but there's like, there's five buildings. What's the other two? THOMAS FABB: Right. There was five buildings when I bought it back in 1983 and a the fellow I bought it from a had, well not only Page 32 - Transcript of Hearings October 5, 1994 Regular Meeting that but I mean it was, these were built prior to 1957. ( ) some of these structures had the a grade and the foundations from when they were built. Some of them like 1923, 25, something like that, so, they've been around for a while. MEMBER VILLA: So if this one ever got renovated would be what a year round house again? THOMAS FABB: Yes. MEMBER VILLA: That would make a third year round house? THOMAS FABB: Second. MEMBER VILLA: It would be the second. ( ) use to do with two bungalows, what's the fifth one then? MR. CHAIRMAN: Three. BOARD SECRETARY KOWALSKI: Three bungalows. MEMBER VILLA: Oh! There three bungalows, I'm sorry. THOMAS FABB: Like I said, everything was OK, until the contractor start tearing a lot of lumber down in a, apparently went beyond what the town thought was 50% of the structure and a, so we submitted plans to rebuild it the same way it was before and that's the way it would be extended or changed in any way other than a new windows and maybe you know, new siding, but that's, be about it. MR. CHAIRMAN: MEMBER DINIZIO: MEMBER VILLA: you get it done? Jim do you have any questions? No, it's pretty apparent now. How many square feet would the structure be when Page 33 - Transcript o~Hearings October 5, 1994 Regular Meeting THOMAS FABB: It's a, I believe like 500 feet, I don't know exactly. I'm sorry, it would be something like that. 23 by a roughly by 24. something like that. more like 700 feet, MEMBER DINIZIO: Mr. Fabb, was someone living in there when .... THOMAS FABB: Yeah. In fact that was one of the basic property explained to LILCo that the water pump wasn't working and when the fellow came down to check the water pump he said the electric wasn't working right and probably I guess, if the electric goes down a certain voltage the pump doesn't go on and we complained to LILCO for about two weeks and finally at the end they a, I guess just gave me a little juice I was missing and ....... MEMBER DINIZIO: So, you're just trying to replace something that was there, you've been using all along and a ...... THOMAS FABB: Yeah, and it's going to be the same footage, the same look and like I said the only thing is we'll probably change the siding on it and a after you know, that's it. MEMB ER windows, the windows maybe changed and DINIZIO: They'll have to fire code I'm sure that the the bedroom windows have to be big enough to get in and out of and --- THOMAS FABB: Well, yes, we a, we have that on the original rebuilding permit with Gary Fish. We told him that we're going to put in sliding glass doors in the bedroom which will be the other exit going out to the patio and he said no problem. The problem is like I said we just tore down a little too much when we were doing Page 34 - Transcript of Hearings October 5, 1994 Regular Meeting this thing and a, but the purpose of doing that was just to give the house a little, to keep ( ) sounder, you know to make it a little stronger and a ( ). MR. CHAIRMAN: Is there any possibility of getting it any farther away from the property line other than a foot? THOMAS FABB: How far do you want to go? MR. CHAIRMAN: I don't know. That was a question that one of us had concerning that and that was the reason why I asked the question. I mean you only have a standing wall at this point, you know what I'm saying. THOMAS FABB: We, he has the foundation, well, he has the floor down. I think may out of two by tens or two by twelves. We got that down which would have to be moved if you want it, but I don't know. Like you're talking like a couple of feet, or yards, or ..... ? No, I'm not talking yards. Could you get a ten foot setback? Excuse me. Could you get a ten foot setback from the property MR. CHAIRMAN: MEMBER VILLA: THOMAS FABB: MEMBER VILLA: line? THOMAS FABB: Well, you see the thing is it's sitting on a like an edge of a piece of property so it, so I'm sought of strapped. I can't go towards the water. The only way I can go is to cut into the parking lot. I have a parking lot there where cars go in and I also have a cesspool in there which is connected to the other house though. I would have to, if you move the house what would Page 35 - Transcript o~]:learings October 5, 1994 Regular Meeting probably happen is that the damp, is that the thing would be sitting almost right on top of the cesspool that's in the parking lot. I mean I guess anything is possible, but we would have to move the whole house. MR. CHAIRMAN: here Mr. Fabb. Lets see what else develops through the hearing Thank you. Is there anybody else who would like to speak in favor of this application? Anybody like to speak against the application? Sir, would you state your name for the record, if you wouldn't mind. FRANK W.E~SS.~?.A.~?: My name is Frank ~'. I have property, a house, full-time house that I live in that are two properties away. Not directly adjacent but a little next to that. The property is really 50 feet away from this house because the property between us is 50 feet. I really don't want to stop anyone from building on their property if they live there. Mr. Fabb doesn't live there. We do. We put up with a lot of problems with this property with the rental people for the last ten years. It's a string of things. Starting with stolen motors, ranging back to loud noises. If you don't live there you don't have to be concerned about it. If you do, it's it's just precedence. My well is directly in back of my house. Its been there since the house was built. It's probably less 50 feet from or 60 feet from his sewage and his has been there for a while. The only point is that if he's going to keep full-time people in these houses and I don't think this was initially a full-time house, APPEARS BOARD MEMBERS Print 5738SS1 V2R2M0 920925 Gerard P. Goehringer, Chairman t, iam~s Dinizio, Jr. Robert A. Villa Richard C. Wilton 473889 SOUTHOLD 99. -4-20 1835 NAUGLE S DR NYS '~ INQUIRY 1 P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephon~j~) :7 615I_ ~1/~009/ 9 4 S~~q~iE~ k~HOOL P~,/~N =MISC RS-SS 1 BANK AR104 ROLL SEC TAXABLE TOTAL RES SITE TOTAL COM SITE ACCT NO 14 I .............. ASSESSMENT DATA ........... I **CURRENT** RES PERCENT ILAND 1,200 **TAXABLE** ITOTAL 6,200 COUNTY 6,200 **PRIOR** TOWN 6,200 ILAND 1,200 SCHOOL 6,200 ITOTAL 6,200 ==DIMENSIONS ===] ....... SALES INFORMATION .................................. ACRES .50 IBOOK 10004 SALE DATE 03/01/86 SALE PRICE 165,000 IPAGE 00421 PR OWNER RAYBER RUTH ....... TOTAL EXEMPTIONS 0 ............. I== TOTAL SPECIAL DISTRICTS 4 ..... CODE AMOUNT PCT INIT TERM VLG HC OWN CODE UNITS PCT TYPE VALUE ]FD030 IPK071 IWW020 ISW011 Fi=NEXT PARCEL 75.10- 03-010 F3=NEXT EXEMPT/SPEC F6=GO TO INVENTORY F9=GO TO XREF F4=PREV EXEMPT/SPEC F10=GO TO MENU Page 36 - Transcript of Hearings October 5, 1994 Regular Meeting at times, not one. I found that out not because I'm nosey but when, when my motor was robbed and I found it next door when the police went with me over to it I knocked at the door figuring there's only one person there. Well the guy ill middle floor told me well I know its not the girl who lives upstairs it's the guy with his son downstairs. So, this is not a one-family dwelling, it's a three family dwelling and then he rents full-time to the cottage that burnt down and currently he has a family in a lower cottage which was fixed up this year. So, currently there are two people in it but there have been at times four and five and that's my objection. It's not a R-One Zone in a R-80, it's really much bigger than that and basically that's my, you know, my objection. Thank you Sir. Anything you'd like to say about MR. CHAIRMAN: that Sir? THOMAS FABB: Yeah. The house that the fellow is talking about the main house, I have a or had I should say up to about two years ago a father and son and one of the apartments that was illegal and they have since been out about 2 years or maybe 3 years ago and it's a storage area house all full of storage stuff, my personal stuff down there and in the main house, right now I have a woman whose a I believe 82 years old, she's on HUD program from Greenport and she doesn't make any noise that I know of. She sits there and watches her TV. She has a son living with her who is about 45 years old. MR. CHAIRMAN: Just let me understand. You're talking about the Cape Cod now. Page 37 - Transcript ~Hearings October 5, 1994 Regular Meeting THOMAS FABB: MR. CHAIRMAN: THOMAS FABB: I'm talking about the house right, the main house. OK. And downstairs, like I told you before is a summer rental. The people moved out this past week-end but that was when there lease was up, the end of September and the places are vacant right now, as of Sunday, so there really isn't, you know. There's problems that existed before or was there before, was there, but that's of past tense, its not there anymore. The people came in as a personal reference from a friend of mine and it just didn't work out and they moved out and the apartment was taken over as a personal storage so it doesn't exist anymore. MR. CHAIRMAN: When you say the person moved out you're referring to a lower bungalow. THOMAS FABB: Yeah. No, Yeah, in that case, there's two of them. Two people down there. They both moved out this past weekend. So, when you talk about the older lady --- She lives in the main house. She lives only in the main house with her son and MR. CHAIRMAN: THOMAS FABB: MR. CHAIRMAN: that's it? THOMAS FABB: MR. CHAIRMAN: house? THOMAS FABB: Yeah, with the HUB people. There are no other further apartments in that I have an upstairs apartment that's rented out as a bedroom to a couple and they are going to be for a to the end of November and then getting married and then moving out. They're Page 38 - Transcript o~Hearings October 5, 1994 Regular Meeting just a hang out untilthey get married. You know, but their just renting as a, the inspector said I could so long as I don't have a kitchen in there I could rent it out as a bedroom, but they a living room and that's what I did, so there's only three unrelated people there, that particular house. BOARD SECRETARY KOWALSKI: Is there one kitchen in the whole building? THOMAS FABB: Yeah, well, there's one down in the apartment that I'm using as storage, but you know there's all mattresses and personal stuff down there, so. MR. CHAIRMAN: That's actually the lower level ( )? All right. Are there any other further questions from anybody? Hearing no further questions I'll make a motion closing the hearing reserving decision. I need a second gentlemen. MEMBER WILTON: Second. MR. CHAIRMAN: All in favor? MEMBERS: Aye. Prepared from tape recordings from actual hearings. LF [ lect e BOARD OF APPEALS:TOWN OF SOUTHOLD In the Matter of the Application of THOMAS FABB and Others CONFIRMATION OF POSTING being duly sworn, depose and say: That on the ~-~ day of S~-PT~:/4't~',/~199 /~, I personally posted the property known as "1925 Naugles Drive, Mattituck, New York," ~placing the Town's official poster notice on [~5- ]//~gy_~f~' IgC. A{/4~'~{~/~ ~ ~'. facing tt~e road side of the l~r0Pert~, dnd that the i)o{ter ~has remained in place at least five days prior to the date of the initial public hearing. (signature) 'Notary Public, State of New York No. 4742321 Qualified in Suffolk County Commission Expires Aug. 31~ lg-.~/-~ 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 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 LEGAL NOTICE NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, that the following matter will also be held for a public hearing by the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on WEDNESDA¥~ OCTOBER 5~ 1994~ commencing at the time specified below: 7. 8:05 p.m. Appl. No. 4272 - THOMAS FABB. Variance based upon the August 31, 1994 Notice of Disapproval from the Building Inspector wherein applicant applied for a building permit to replace more than 50% of existing dwelling, without an expansion, and which permit was disapproved under Article XXIV, Section 100-243B of the Zoning Code which does not permit enlargement, reconstruction, structural alterations or movement unless the use of such building is changed to a conforming use. The subject premises contains a total lot area of 1.2+- acres and contains the following nonconformities: more than one single-family dwelling unit on substandard lot in this R-80 Residential Zone District. Location of Property: 1925 Naugles Drive, Mattituck, NY; County Tax Map Parcel No. 1000-99-4-22. Page 2 of 2 Legal Notice - October 5, 1994 Public Hearings The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated above. If you wish to review any of the above files or would like to request more information, please do not hesitate to cail 765-1809 or visit our office. Dated: September 19, 1994. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By lJnda Kowaiski X APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD September 16, 1994 SEQRA UNLISTED ACTION DECLARATION Appeal No. 4272 Project Name: Thomas Fabb County Tax Map No. 1000- 99-4-22 Location of Project: 1925 Nau§les DriYe, Mattituck, NY Relief Requested/Jurisdiction Before This Board in this Project: 8ebuild n0ncunf0rmin§ buildin§ with a n0~c0nf0rmi~§ use 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 co~ents by your agency to be submitted with the next 20 days. possible adverse affect of this projec~ as filed, and/or d. This application does not directly relate to new on-site improvements. ~X} this Board has taken jurisdiction as Lead Agency, has deemed this Board of Appeals application to be an Unlisted SEQRAAction, and has declared a Negative Declaration for the following reasons: a. An EnviroPanental Assessment has been submitted and evaluated, and/or An inspection of the property has been made, or Sufficient information has been furnished in the record to evaluate any construction or { } 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 in~rovements 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. JUDITH T. TERRY TOWN CLERK 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: Southold Town Zoning Board of Appeals FROM: Judith T, Terry, Southold Town Clerk DATED: September 16, 199u~ RE: Zoning Appeal No. t[272 - Thomas Fabb Transmitted herewith is Zoning Appeal No. u,272 of THOMAS FABB d/b/a F f, F Management for a variance. Also included is: Notice to Adjacent Property Owners; Notice of Disapproval from the Building Department, dated August 31, 199~,; Short Environmental Assessment Form; ZBA Questionnaire; plans and survey. Judith T. Terry Southold Town Clerk 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be completed by A0plicant or Proiect sponsor) 3. PROJECT LO~TION: E. ,SPRO"OSEDA=ON= A/ r~ New [] Exoansion [] M~lflcat lon/alte,ation d / 6. DESCRIBE PROJECT BRIEFLY: 7. AMOUNT 0~ ~D A~CT[D: Initially acres Ultimately acres SEQR 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTNER EXISTING LAND USE RESTRICTIONS? [] Yes [] NO If NO. describe briefly g. wHAH^~s PRESENT LAND use ~. VlOIN~ OF FROJ~C?? . J~'Resigentlal [] Industrial [~'ommet'¢ial [] Agriculture ~ Par~ForesUOpen S~"¢, ~ or.er Describe: 10. 0DES ACTION tNVOLVE A PERMIT APPROVAC OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGEN~ (FEDERAC STATE OR LOCAU? ~ Yes ~o If ~es, list ~gency(s) and ~e~m~UaDgrovals 11. DOES ANY ASPECT OF THE ACT[~ HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ~ Yes ~ N~ If ye:, iisi agency name an~ permlUapproval 12. AS A RESULT OF PROPOSED ACTION W~LL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE If the action is in the Coastal Area, and you are a state agency, complete tile Coastal Assessment Form before procDeding with this assessment OVER 1 (Continued on reverse side) The N.Y.S. Enviro'nmental Quality Review Ac of this form, and an e ' · . ~ requires submission before any action is taken. I~NSTRUCTIONS: (a) In order to answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning the project and the likely impacts Of 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 : 2. Will there be a major change to any unique or unusual land foz/u on the site? ___Yes 3. Will project alter or have a large effect on an existing body of water? Yes 4. Will project have a potentially large impact on groundwater quality? .. Yes 5. Will project significantly effect drainage flow on adjacent sites? - Yes 6. Will project affect any threatened or endangered · plant or animal species? .__Yes ~No 7. Will project result in a major adverse effect on air quality? Yes ...~.No 8. Will project have a major effect on visual char- .. known to be important to the co~ununity? . ..__Yes 9. Will project adversely impact any site or struct- ure of historic, pre-historic, Or paleontologi=al importance or any sit~ designated as a critical envircnmental area by a local agency? .___Yes NO 10. Will project have a m~jor effect on existing or future recreational opportunities? Yes il. Will project result in major traffic problems or cause a major effect to existing transportation /No · ' systems? · ~_~Yes ~ 12. Will project regularly cause objectionable odors, /No noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? ~Yes 14. Will project have any impact on public health or safety? Will project affect the existing community by directly causing a growth in permanent popula- tion of more than 5 percent Over a one-year period o__r have a major negative effect on the character of the community or neighborhood? 15. Is there public controversyF~ncerning ~reparer,s Signature= Representing:_ 'ZBA g/q5 the -- Yes Yes No QUEST!CNNAIRE FOR FILI~G 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.) B. Is the subject premises liste= on the real estate market ~or. ~ sal~/or being shown to prospective buyers? { } Yes {&/} No. (If ~es, p]~se a~e~,h co~y ~Lf "conditions" of C. Are ther~ ~o~al~ t~ ~nge~ alter l~d { } Yes {~ N~ D. 1. Are there any areas which contain wetland grasses? 2. Are the wetland areas shown on the map submitted wi~h this application? 3. Is the property ~ul~d between the wetlands area and the upland building area? 4. If your property contains wetlanGs or pond areas, have you contacted the Office of the Town Trustees for its 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? ~ (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fen=~ which ~t ~nd are not ~hown ~n the survey map that you sLLbmitting? ..~ If none· exist, please state "none." G. Do you have any construct$on taking place at this time cgncerning your premises~ _~3If yes -1 ~_~r bulldlng Permlt andm-~p~s approved by the Buildin~ ~parument. If none, please state. H. Do you.Dr any co-owner alsd own other land close to this parcel? ~0 If yes, please explain where or submit copies of deeds.-- I. Please list present use or operations conducted at this parcel proposed Use and Autn°rized Si~nauu~e ~n~ 3/87, 10/901k § 97-13 WETLANDS § 97-13 TO%WN -- The Town of Southold. TRUSTEES -- The Board of Trustees of the Town of Southold. [Added 6-5-84 by L.L. No. 6-1984! WE ~-L.%.',FDS [Amended 8-26-76 by L.L. No. 2-1976; 3-26- 85 by ~,. ?. No. 6-1985~ A. ~'IDAL WETLANDS: (I) All lands generally covered or intermittently cov- ered with, or which border on. tidal wa~arz, 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 tn banks. · bogs. salt marsh, swamps, meadows, flats or other Iow lying lands subject to tidal action; (2) All banks, bogs, meadows, fla~s and tidal marsh subject to such tides and upon which grows or may grow some or any of the followin~., aaiS', hay. black grass, saltwor~s, sea lavender, t~ll cordgrass, high bush, cat~.ils, groun~seL (3) All land immediatety=djacentto a tidal we~tand as defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wet]and. B. FRESHWATER WETLANDS: (1) "Freshwater wetlands" as defined in Article 24. Ti- tle L § 2-I-0107, Subdivisions l(a) ~o l(d) inclusive. of thc Environmen~i Conservation Law of the S~.te of New York: and (2) All land immediate y ad~ncent ~o a "frcsh~va~er wet- nd. as defined in Subsection B(1) and lying with-' in seventy-five (75} feet la.dwnrd of the most Innd- edge of a frcsnwn~r wednnd. 9705 FORM THORN OF SOUTHOLD BUILDING DEPARTMENT TO~V'N CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL · R 3 I 199 Date . .1.'~....CH 31, 94 Thomas Fabb 21 Ellen Place Kings Park, N.Y. 11754 PLEASE TAKE NOTICE that your application dated I, IARC~ 28, 9.4. · · ......... 19 for permit to ....RENOVATE & REPAIR AN EXISTING ONE FAMILY DWELLING Location of Property 1925 NAHGLES DRIVE I~TTITIICK, N.Y. County Tax Map No. I000 Section 99 4 22 ' Hamlet .............. Block ..... ' . Lot ........ -. . Subdivision ............... Filed Map ~No ................. Lot No .... Js returned herewith and disapproved on the following grounds A NON-CONFOR/IING BUILDING CONTAINING A NON-CONFORMING USE SHALL NOT BE ENLARGED, NECONSTRIICTED' OR STRUC'I'OKALLY ALTERED OH HOVgO UNLESS l-m~; ACTION REQUIRED BY 'rm~ ZONING BOARD OF APPEALS. ' ...... 2. . FISH ....... Rv 1/80 SOUTHOLD 5738SS1 V2R2M0 Print Key Output 920925 SOUTHOLD 11/10/94 Display Device User : DSP15 : LINDAK PLll0-41 W5 *INQ* TOWN OF SOUTHOLD PARCEL MASTER FILE INQUIRY Address: NAUGLES ROAD , #1925 APN: 1000 99 4 22 Parcel ID: Transaction Type: Eff Date: Description: PMT 5 Exception: 4/15/94 Exp Date: BP#22020Z Alteration 10/15/95 1. BP#22020Z Repair fire damage and build back the 2. dwelling to original condition before fire dwell- 3. ing was not damaged more than 50%. Page 1 11:24:12 11/10/94 11.24.00 18010 Cmdl-Prev Screen Cmd7-End Job 5738SSl V2R2M0 Display Device User PLl10-23 W5 *INQ* Address: 1925 APN: 1000 SEL TYPE EFF DATE 1. TRA 11/03/94 2. TRA 11/03/94 3. PMT 4/15/94 4. TRA 5/18/84 5. TRA 6/12/81 6. TRA 1/18/78 7. TRA 10/04/72 Print Key Output 920925' SOUTHOLD 11/10/94 : DSP15 : LINDAK TOWN OF SOUTHOLD PARCEL MASTER FILE INQUIRY NAUGLES ROAD 99 4 22 EXP DATE EXCPT 10 15 95 DESCRIPTION SEE ZBA CONDITIONS TRANSFER OWNERSHIP PROPERTY BP#22020Z Alteration TRANSFER OWNERSHIP PROPERTY TRANSFER OWNERSHIP PROPERTY TRANSFER OWNERSHIP PROPERTY TRANSFER OWNERSHIP PROPERTY Page 1 11:23:27 11/10/94 11.22.17 TEXT? Y Y Y Y Y Y Y Selection: Cmdl-Prev Screen Cmd7-End Job JUDITH T. TERRY, TOWN CLERK RECEIPT Town of Southold $outhold, New York 11971 Phone: 516-765-1801 DATE ~/~/.3 ~ / ~ RECEiVEDOF:~/~. ~ ~ (~("~_~._~_ ~ ~ $ [] CASH BY: ~ ~'¢9"f~ ,[;~ ECK-'/~/~',.~'~ ' 51991 ~9 ~2'~ BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter o[ the Petition of ~0 ~ P~ bb to the Board of Appeals of the Town of Sou[hold TO: : NOTICE -~ : TO : ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. ~e intention of the undersigned to petition the Board of Appeals of the Town of $outhold torequest~ (Special Exception) (Special Permit) (Other) [circle choice] ). 2. That'the property which is the subiect of the Petition cribed as follows: ( is located adjacent to your property and is c~es- 4 lhal b~ such Pelition, the undersigned will request t,t,~e following relief: $.,.That the provisions of [he Southold Town Zoning Code applicable to the relief sought by the 'under- signed are Arti?e )(~X'J V' Section /D0 -~Td/~ ~ . [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. Thal wit'~in five day's 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) 7~'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 published at least five days prior to Ihe 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. Petitioner Owners'Names: Pos~ Office Address Tel- ( [Copy of sketch or plan purposes.] showing proposal to NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS Z 76,.~9 900 Receipt for Certified Mail mm No (nsurance Coverage Provided ~'~,~,,~.~c% Do not use for InternatJona; Mai~ (See Reverse) -~ ~!~ ~ ~ ~1 nol ~.ep~ e~eAeJ eql uo Peletdw°° '""--:-- m°Asl~ , residing at c-~/ ~ e~eRel out1 uope:~eldwoo~JnOASl? , being duly sworn, deposes and says that on the /.~--'day ~, deponent mailed a true copy of the Notice set forth on the re- ~'~.~ =TuL ~ 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 curren%,~ssess~e, pt rol. iof the Town of Southold; that said Notices were mailed at the United States Post Of- fice..~~.._~'/2~"J, '~ ~ ; that said No[ices were mailed to c.~ch of said persons by Sworn to b/fore~ me this /~"~:~ Notary Public MARY ANN CYBULSKI I~y Public, State of New YMk RI~ in Suffolk County 52-5895900 Commll~o~ Expires A~130, I ~.~.~ (This side does not have to be completed on form transmitted to adjoining property owners.) 0me specified below: 7. 8:05 p.m. Appl. No. 4272 - THOMAg than 50% of existing dwelling, withoul an 8071 - ITS22 {'/~ By Linda Kowalski STATE OF NEW YORK) ) ~S: COUNTY OF SUFFOLK ) ~of Mattituck, in said County, being duly sworn, says that he/she ia Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for / weeks vely, commeff/~ng on the ~ day of CHRIS11NA VOUNSKI ~u~lifled in Suffolk ( Commission I No. ~048fM ~,~ # Suffolk Co~ ~ ] Notary Public Sworn ~ before me this LEGAL ~ NOTICE. IS ' 'REBY GIVEN that pm~.~ant to Section 276 of the Town Law and the Code of the Town of Southold, that the following matter will also be held for a public hearing by the Southold Town Board of Appeals at the Southold Town Hall, 53095 Main Road, Southold, New York, 11971, on WEDNESDAY, OCTOBER 5, 1994, com- mencing at the time specified below: 7. 8:05 p.m. App. No. 4272- THOMAS FABB. Variance based upon the August 31~.~t7 1994 Notice of Disapprox;al from the Building Inspecto~c wherein applicant applied for a building permit to replace more than 50% of existing dwelling, without an expansion, and which permit was disapproved under Arti- cle XXIV, Section 100-243B of the Zoning Code which does not permit enlarge- ment, reconstruction, struc- turai alterations or move- ment unless the use of such building is changed to a con- forming use. The subject premises contains a total lot area of 1.2'+ acres and con- tains the following noncon- formities: more than one/ single-family dwelling umt on substandard lot in this R-80 Residential Zone District. Location of Proper- ty: 1925 Naugles Drive, Mat- tituck, NY; County Tax Map Parcel No. 1000-99-4-22. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated abov~ If you wish to review any of the . (~ above files or would like to/ request more information, please do not hesitate to call 765-1809 or visit our office. Dated: September 19, 1994 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRIiqGER CHAIRMAN COUNTY OF SUFFOLK STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of the TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Traveler-Watchman once each week for / .............................. weeks succ~s~ively, commencing on the 7 ..... Sworn to before me on this ..... : .day of ........... ~ ~f.~. .~. ~.~.. · Notary Public BARBARA k SCHNEIDER NOTARY PUBLIC, State of N~n York No. 480~4~5 Qualified in Suffolk Courtly Commission Expires DESCRIBED PROPERTY MATT/TUCK, TOWN OF SOUTHOLD CM N/F L/NE FD MAP OF DESCRIBED PROPERTY SITUATE MATT/TUCK, TOWN OF SOUTHOLD MILL RD. NOTE: SURVEYED FOR: F ~ F MANAGEMENT CO. SCALE: /"= $0' TAX MAP NO. 1000-099-04-~2 AREA --' 48,.216.$SS 1.107' Acres __ PREMISES FULLY SNOW COVERED AT TiME OF SURVEX I ' ' - -" ' -' ,, ,, , - ~ I , I GARRETT A, STRANG arch i t e ct , Main Road RO. Box 1412 Southold N.Y. 11971 5~8 - ?eS - 5455 GARRETT A. STRANG architect Main Road P.O. Box 1412 Southold N.Y. 11971 516 - 765 - 5455