HomeMy WebLinkAbout4247
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
FINDINGS AND DETERMINATION
Appl. No. 4247(SE).
Application of HUGH T. and CAROL L. CONROY. This is a
request for a Special Exception to establish an Accessory Apartment
in conjunction with the owner's occupancy within existing residence
as authorized under Article III, Section 100-30A.2B and Section
100-31B(14) of the Zoning Code. Location of Property: Westerly
side of Gin Lane, Southold, NY; also referred to as Lot #2 on the
Subdivision Map of Bay Haven filed in the Suffolk County Clerk's
Office as Map 2910; further identified on the County Tax Maps as
1000-88-3-6.
WHEREAS, after due notice, a public hearing was held on June
8, 1994, at which time all persons were given an opportunity to be
heard and their testimony considered; and
WHEREAS, the Board has carefully considered aH testimony
and documentation submitted concerning this application; and
WHEREAS, the Board made the following Findings of Fact:
1. By this application, appellant is requesting a Special
Exception to the Zoning Ordinance, Article III, Section 100-3lB,
Subsection 14, for approval of a proposed Accessory Apartment in
the existing principal building as more particularly shown on the
sketched map and floor plan submitted under this application.
2. The premises in question is located in the R-40
Low-Density Residential Zone District and contains a total lot area
of approximately 40,000 sq. ft. with 300.0 ft. frontage 'along the
westerly side of Gin Lane, Southold. This parcel is also shown on
the "Map of Bay Haven at Southold", part of Lot No. 1, acquired
by the applicant-owners on August 30, 1988 by deed at Liber
10689, page 338.
3. The subject premises is improved with a one and
one-half-story framed dwelling structure with lower garage area.
The setbacks of the principal building footprint are shown to be
52+- feet from the front property line, 63+- feet to the northerly
side property line; 163+- feet from the southerly side property
line, and 48+- feet to the rear westerly property line, ail at
Page 2 - App.1. No. 4247
Application of HUGH AND CAROL CONROY
Decision Rendered July 14, 1994
their closest points and as shown on the November 24, 1980 survey
prepared by Roderick VanTuyl, P.C. and submitted with this
application.
4. The proposed area for an "Accessory Apartment" is
shown to be at 1399 square feet of livable floor area on the
existing second floor level. The remaining floor area to be
retained as the principal singie-famJ]y residence of the owners,
Hugh Conroy and]or Carol Conrey, is 2178+- square feet, or 61% of
the total livable floor area. This proposal meets the requirement
of subsection (d) which requires the accessory apartment not be
less than 450 square feet of livable floor area, and subsection (e)
which requires that the livable floor area of the remaining unit be
not less than 60 percent of the total dwelling, as exists.
5. Article III-A, Section 100-30A.2(B-1) <ref. Article III,
Section 100-31B(14)>, permits such use only as an accessory to the
residency of the owner in the subject dwelling, and further subject
to conditions (a) through (q). It is noted for the record that a
Certificate of Occupancy was issued under No. Z-22162 indicating
that the building "...substantially conforms to the requirements of
a single-family dwelling built prior to April 9, 1957" as applied.
7. Since the applicant would be permitted up to five
occupants: three for the existing dwelling and two for the
accessory apartment, then five (5) parking spaces must be
provided on this site in a m~nner which would prevent backing out
onto the highway or right-of-way access areas.
8. It is the position of the Board Members that all the
conditions and standards established by the zoning code for an
accessory apartment are satisfied and acceptable as applied.
9. In considering this Special Exception application:
(a) the Board has given consideration, among other things, to
Sections {A} through {P} as provided by Article XXVI, Section
100-264 of the Zoning Code; (b) the Board has determined that
the use requested will not prevent the orderly and reasonable use
of adjacent properties or of properties in adjacent use districts;
(c) the Board has determined that the use will not adversely
affect the safety, welfare, comfort, convenience or order of the
town - provided all other rules and regulations are complied with
at all times; (d) the use is in harmony with and will promote the
general purposes and intents of the Southold Town Zoning Code, as
updated and currently in effect.
Accordingly, on motion by Chairman Goehringer, seconded by
Member Dinizio, it was
Page 3 - Appl. No. 4247
Application of HUGH AND CAROL CONROY
Decision Rendered July 14, 1994
RESOLVED, that the Application for a Special Exception
establishing an "Accessory Apartment," in the Matter of HUGH AND
CAROL CONROY~ as owners of the subiect property, BE AND
HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS:
1. Compliance at aH times with Subsections a thru q of
Section 100-31B(14), Article III, of the Zoning Code which are
noted as follows:
a) The accessory apartment will be located only in the
principal building.
b) The owner of the existing dwelling will occupy one of
the dwelling units as the owner's principal residence. The other
dwelling unit which is part of this application shah be leased for
year-round occupancy, evidenced by a written lease for a term of
one or more years, which will be filed annually.
c) The existing one-family dwelling shah contain not
less than sixteen-hundred (1,600) square feet of livable floor area.
d) The accessory apartment shall contain not less than
four-hundred fifty (450) square feet of livable floor area.
e) The accessory apartment shall not exceed forty (40%)
percent of Hvable floor area of the existing dwelling unit.
f) A minimum of three off-street (on-site) parking
spaces shah be provided.
g) Not more than one (1) accessory apartment will be on
this parcel at any one time.
h) The accessory apartment will meet the requirements
of a dwelling unit as defined in Section 100-13 of the Zoning Code.
i) The exterior entry to the accessory apartment shah
not change the existing exterior appearance of a one family
dwelling <shah not have a separate front entrance>.
j) All exterior alterations to the existing building,
except for access to the apartment, shah be made on the existing
foundation <of the subject single-family dwelling>.
k) The Certificate of Occupancy will terminate upon
transfer of title or upon the owner ceasing to occupy one of the
dwelling units as the owner's principal residence; and that in the
event of the owner's demise, the occupancy of the accessory
apartment may continue in occupancy until a new owner shall
Page 4 - Appl. No. 4247
Application of HUGH AND CAROL CONROY
Decision Rendered July 14, 1994
occupy the balance of the dwelling or one (1) year from the date of
said demise, whichever shah first occur.
Building
annually.
1) This conversion shah be subject to inspection by the
Inspector and Renewal of Certificate of Occupancy
m) The existing building which is converted to permit
this accessory apartment shall have a valid Certificate of
Occuapncy issued prior to January 1, 1984.
n) The existing building, together with this accessory
apartment, shall comply with aH other requirements of Chapter 100
(Zoning) of the Town Code of the Town of Southold.
o) This conversion for the accessory apartment shah
comply with all other rules and regulations of the New York State
Construction Code and other applicable codes.
2. The side entrance shall, however, be limited to a deck or
platform area not exceeding a size of 10 ft. by 10 ft., plus stairs
to the second floor;
3. The side stairway entrance and platform deck area shall
remain open and unroofed (or, in the alternative, a rear stairway
may be permitted instead of at the side location for the stairs);
4. There shall be no other outside stairway for either unit,
other than the single outside stairway requested.
5. This conversion shah be subject to inspection by the
Building Inspector and renewal of a certificate of occupancy and/or
certificate of compliance annually, with a written notice furnished
to the Chairm, u or Clerk of the Board of Appeals for updated,
recordkeeping purposes.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen,
Dinizio, and Wilton. (Nay: Member Villa - felt that this project
was a~inst the character of this planned community mild established
development. ) This resolution was duly adopted (4-1).
RECEDED AND FILED BY[
THE SOUTHOLD TOWN C~.~.RK [
Town Clerk, Town of Southold [
CHAIRMAN
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyem Jr.
James Dinizio, Jr.
Robert A. Villa
Richard C. Wilton
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
NOTICE OF PUBLIC HEARINGS
Town Hall, 53095 Main Road
P.O. Box 1179
Seuthold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law
and the Code of the Town of Southold, that the following public
hearings will be held by the SOUTHOLD TOWN BOARD OF APPEAL$~ at the
Southo]d Town Hall, 53095 Main Road, Southold, New York 11971, on
WEDNESDAY~ JUNE 8~ 1994~ commencing at the times specified below:
1. 7:30 p.m. Appl. No. 4235 - KIN FALLON and CYNTHIA SUTRYK.
(Hearing Continued from May 4, 1994) This is a request for a variance
based upon the April 4, 1994 Notice of Disapproval from the Building
Inspector to locate accessory building in the front yard area.
Location of Property: 3200 Soundview Avenue, Mattituck, NY; County
Tax Map Parcel 1OOO-94-2-5.
2. 7:35 p.m. Appl. No. 4234 - ALEX AND NARION WlPF. (Hearing
Continued from Nay 4, 1994). This is a request for a variance under
Article III, Section 1OO-33C for permission to locate an accessory
garage with a frontyard setback at less than the required 40
front yard setback. This parcel is nonconforming with a lot area of
approximately 22,000 sq. ft. and frontage of 118 ft. Location of
Property: 940 West Creek Avenue, Cutchogue, NY; County Tax Map
Parcel No. 1OOO-103-13-7.
Page 2 - Notice of Hearir~
Southold Town Board of Appeals
Regular Meeting of June 8, 199L[
3. 7:40 p.m. Appl. No. 4246 - LKC CORP. and JASTA~ INC. This is
a request for a Special Exception for permission to establish a
drinking establishing use as listed under Article XI, Section 100-101B
in an existing principal building. The subject premises is
nonconforming with a lot area of approximate4y one-half acre and 115+-
ft. frontage along the north side, of the Main Road and is located, in
the B-General Business Zone District. Property Address: 6955 Main
Road, Laurel, NY; County Tax Map No. 1000-122-6-36.
4. 7:50 p.m. App1. No. 4245 - GEORGE AND SUSAN TSAVARIS. This is
a request for a variance under Article XXIll, Section 100-239.4A
for permission to locate swimmingpool with fence enclosure within
100 feet of the bluff of the Long Island Sound. Location of
Property: 2170 The Strand, Lot 111 at Pebble Beach Farms~ East
Marion, NY; Parcel ID No. 1000-30-2-53.
5. 7:55 p.m. Appl. No. 4244SE - DEPOT ENTERPRISES~ INC. This is a
request for a Special Exception, as amended, to include approval for
the location and use of a proposed addition to the existing principal
building located at 320 Depot Lane, Cutchogue, New York. The proposed
addition is an expansion of the existing recreational membership club
and is located in the Residential-Office (RO) Zone District.
Property ID No. 1OO0-102-2-12.1.
Page 3 - Notice of Heari~
Southold Town Board,of Appeals
Regular Meeting of June 8. 199~,
6. 8:05 p.m. Appl. No. 4249 - SANFORD AND SUE HANAUER. This is a
request for a Special Exception to establish and operate a Bed and
Breakfast in accordance with the provisions of the zoning code at
Article III, Section 100-31B(15), with owner-occupancy, and as an
accessory to the existing principal residence. Location of Property:
4105 Soundview Avenue, Mattituck, NY; County Tax Map Parcel No.
lO00-94-3-part of 1.7, also known and, referred.to as Lot No 2 on the
Subdivision Map of Robert and Jean Lenzer.
7. 8:10 p.m. Appl. No. 4240 - JOHN CROKOS. This is a request for a
variance under Article XXIX, Section 1OO-239.4A based upon the May 4,
1994 Notice of Disapproval from the Building Inspector for permission
to locate swimmingpool with fence enclosure within 100 feet of the
bluff along the Long Island Sound. This property was the subject of
prior Appeals under Appl. No. 4204 as rendered. 12/8/93 and Appi. No.
4140 as rendered 2/23/93. The subject premises 'is improved with a
single-family dwelling and contains an area of approximately 40,000
sq. ft. (total lot area). Location of Property: 2110 Grand View
Drive, Orient, NY; Lot No. 7 on the Map of Grand View Estates; County
Tax Map Parcel No. 1OO0-14-2-3.11.
8. 8:15 p.m. Appl. No. 4241 RICHARD LAN.. This is a request for a
variance under Article ILIA, Section 100-3OA.4 (ref. Article Ill,
Section 1OO-33) based upon the May 4, 1994 Notice of Disapproval from
tee Building Inspector in a,building permit application to construct
Page 4 - Notice of Hearers
Southold Town Board of Appeals
Regular Meeting of June 8, 1994
pool and deck in the front yard area, as an accessory use. Location
of Property: 230 Bridge Lane, Cutchogue, NY; County Tax Map Parcel
No. 1000-111-15-1.4 and 1.5 (Tax Map Parcel No. 1.4 totals 2.478 acres
and Parcel No. 1.5 totals 1.088 acres). The subject premises is
located in an R-40 Low-Density Residential Zone District.
9. 8:20 p.m. Appl. No. 4243 - MOORE'S LANE HOLDING CORP. This is
a request for a variance under Article V Section 1OO-53B, Section
lOO-31C (ref. Section 100-33), and Section 1OO-231, based upon the
May 4, 1994 Notice of Disapproval from the Building Inspector for
permission to locate accessory uses (tennis court, swimmingpool and
pool clubhouse) in an area other than the required rear yard, and with
tennis-court fencing at a height of more than four feet when located
in a front yard area. Location of Property: 475 Cedarfields Drive,
Greenport, NY; County Tax Map Parcel No. 1000-40-5-1.42. The subject
premises is located in the Hamlet-Density Zone District.
10. & 11.
Property:
Parcel No.
lot area in
8:25 p.m. TONY AND MARIA KOSTOULAS. Location of
1035 Aquaview Avenue, East Marion, NY; County Tax Map
1000-21-2-13. This property is nonconforming as to total
this R-40 Zone District.
Appl. No. 4098 - (Continued Hearing) This is a request for a
variance under Article XXIII, Section 1OO-239.4 for approval of
deck extension located within 100 feet of the bluff of the Long
Page 5 - Notice of Hearitg
Southold. Town Board of~-p[)eals
Regular Meeting of June 8, 199u,
Island Sound;
Appl. No. 4248 - This is a request for variance under Article
IliA, Section 100-30A.3 for approval of a deck addition with
insufficient side yard setbacks.
12. 8:35 p.m. Appl. 4247 - HUGH T. and CAROL L. CONROY. This is a
request for a Special Exception to establish an Accessory Apartment'in
conjunction with the owner's occupancy within existing residence as
authorized under Article III, Section lO0-30A.2B and Section
100-31B(14) of the Zoning Code. Location of Property: Westerly side
of Gin Lane, Southold, NY; also referred to as Lot #2 on the
Subdivision Nap of Bay Haven fi]ed in the Suffolk County Clerk's
Office as Nap 2910; further identified on the County Tax Naps as
1000-88-3-6.
13. 8:55 p.m. App]. No. 4239 - MARGARET BEST and ADYLYN SYVERSON;
This is a request for a variance under Article ILIA, Section 1OO-3OA.1
based upon the May 2, 1994 Notice of Disapproval by the Building
Inspector for approval of the proposed insufficient lot area and
insufficient lot width of proposed Parcels #1 and #2. Location of
Property: Private Road #17 extending off the easterly side of Camp
Mineola Road, Mattituck, NY; County Tax Map Parcel No. 1OOO-123-6-17
The subject premises contains a total lot area of approximately 1.2
Page
§ - Notice of HeariI
Southold Town Board of Appeals
Regular Meeting of June 8. 1994
acre(s) in total area and is located in the R-40 Low-Density
Resi.dential Zone District.
The Board of Appeals will at said time and place hear any
and all persons or representatives desiring to be heard in the
above 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
the files or need to request more information, please do not
hesitate to call 765-1809 or visit our office.
Dated:
May 23, 1994.
BY ORDER OF THE SOUTHOLD
TOWN BOARD OF APPEALS
GERARD P. GOEHRINGER
CHAIRMAN
By Linda Kowalski
X
RECEIVED
MAY 2 0 1994
TOWN OF SOUTHOLD, NEW YORK
ACCESSORY APARTMENT
APPLICA EPTION
Sou~oldToWnClerk
TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK:
Application No. Y~6//7
Date Filed:
House No. and Street
I (We), ~Ak, ~ '~ (~J~k (--.. C}otol~
(Hamlet~ State, Zip
hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EX~EPTIQN in accordance with
the ZONING ORDINANCE, ARTICLE ~ ~ , SECTION ~o-)o~,~ SUBEECTION
as shown on the attached plan drawn to scale.
A. Statement of Ownership and Interest.
]~o(21~ '-T" -k (~r~'oC /', .~0~l i~Ot1 ~ (~re) the owner(s) of property
known an~Peferred to as'
(House No., Street, Hamlet)
identified on the Suffolk County Tax Maps as District l~O0, Section~,~, BlockO~,8~ ,
Lot 00~,~ which is~ (is not) on a subdivision map (F~led ~p of
"Filed M~ ).
The above-descried property was acquired by the owner on
B. The applicant alleges that the approval of this exception would ~ in har~ny with
the intent and purpose of said zoning ordinance and that the proposed use conforms to
the standards prescribed therefor in said ordinance and would not ~ detrimental to
property or persons in the neighborhood for the following reasons:
C. ~n
1. The accessory' apartment will be located only in the principal building.
2. The owner of the existing dwelling will occupy one of the dwelling units
as the owner's principal residence. The other dwelling unit which is
part of this application shall be leased for year-round occupancy, evidenced
by a written lease for a term of one or more years, which will be filed
annually.~/
3. The existing one-family dwelling shall contain not less than sixteen-hundred
0,600) sq. ft. of livable floor area.
(continued on page two)
ApplicatiOn for Special Exception
Page Two (continued)
4. The accessory apartment shall qontain not/less than four-hundred fifty
(450) square feet of livable floor area.~
5. The accessory apartment shall not exceed fgrty (40%) percent of livable
floor area of the existing dwelling unit.~x
6. A minimum of three off-street (on-site) parking spaces shall be provided
as shown on the attached plan.~
7. Not more than one (1) accessory apartment will be on this'Parcel.J
8..The accessory apartment will meet the requirements of a dwelling unit as
defined in Section 100-13 of the Zoning Code.
9. The exterior entry to the accessory apartment hgs not changed the existing
exterior appearance of a one-family dwelling.~
lO. All exterior alterations to the existing building, except for access to
the apartment, is made on the existing foundation as shown on the attached
plans./
ll. I understand that the Certificate of Occupancy will terminate upon the
transfer of title or upon the owner ceasing to occupy one of thq dwelling
units as the owner's principal residence; and that in the event of the
owner's demise, the occupant of the accessory-apartment may continue in
occupancy until a new owner shall occupy the balance of the dwelling~or
one (1) year from date of said demise, whichever shall first occur(/
12. This conversion shall be subject to inspection of t~he Building Inspector
and Renewal of Certificate of Occupancy annuaily~
13. The existing building which is converted to permit this accessory apartment
has been in existence and has a valid Cert/~ficate of Occupancy issued prior
to January l, 1984, and attached hereto.v
14. The existing building, together with this accessory apartment, shall comply
with all o~h~r requirements of Chapter 100 of the Town Code of the Town of
Southold./ ·
15. This conversion for the accessory apartment shall comply with all other
rules .and regulations of the New York State Construction Code and other
applicable codes.~
Do
COUNTY OF SUFFOLK)'
STATE OF NEW YORK) ss.:
The property which is the subject of this application is zoned ~0 and
[ ] has not changed since the issuance of the Certificate of Occupancy attached.
'[ ] has changed or received additional building permits, and Certificates of
Occupancy for these changes are attached or will be furnished.
(Si gna~cure )l
Sworn to before me this'm/~ day of ~-~
(Notaffy Public)
ZB5 2/6/86
I~OY'FHE V. MULLEN
I~ARY PUBUC, State of NewY¢tl
No. 4895193
· Qualified in Suffolk County
I~ommt~l~ Exp,res May 26, 1~
TOWN OF $OUTHOLD PROPERTY RECORD CARD ~?
OWHE~ ST,E~ ~740 V,'~GE D,ST.~ SUB.
', ,/~& ~ ~_/~ S ~ W TYPE OF BUILDING
~s.~/~ s~s. w ' ~ co~. c~. ~,sc.
~D IMP. TOTAL DATE REMARKS
AGE BUILDING CONDITION
N~ NOR~L BELOW , ABOVE
FA~ Acre Value Per Value
Acre' ,., ~
Tillable 1
Tillable 2
Tilbble 3
Wo~land
Swamplond FRONTAGE ON WATER
Brushland FRONTAGE ON ROAD ~¢0 ~O ~
House Plot DEPTH
' BULKH~D
Tota~ :.~,~. DOCK
, M. Bldg.
Extension
Extension
Extension
Porch
Breezeway
Garage
Patio
Total
COLOR
TRIM
~undation
asement
Ext. Walls
Fire Place
Type Roof
Recreation Room
/ Dormer
Driveway
Bath
Floors
Interior Finish
Heat
Rooms 1st Floor
Rooms 2nd Floor
'K.
LR.
DR.
FIN. B.
TOWN OF SOUTHOLD PROPERTY RECORD CARD
VILLAGE
N
RES. ' SEAS. VL FARM COMM. CB.
LAND IMP. TOTAL DATE REMARKS
MISC.: Mkt. Value
ACR.
SUB.' LOT
OF BUILDING
AGE
NEW
FARM
illoble
liable 2
liable 3
~odland
ampland
~shland
use Plot
NORMAL
Acre
BUILDING CONDITION
BELOW ABOVE '
Value Per Value
Acre ;.
FRONTAGE ON WATER
FRONTAGE ON ROAD '
DEPTH
BULKHEAD
DOCK
M. Bldg.
Extension
Extension
Extension
Porch
Porch
Breezeway
Garage
Total
Foundation
Ext. Walls
Fire Place
Type Roof
tion
rmer
Driveway
~ Dinette
Bath
Floors
Interior Finish LR.
DR.
4eot
~,ooms Ist Floor BP,.
>,ooms 2nd Floor qN. B.
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Lydia A. Tortom
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
MEMORANDUM
TO: Jerry Goehringer, Department Head
FROM: ZBA Office~
DATE: September 15, 1995
SUBJECT: Hugh Conroy - Pending Building Permit for Accessory
Apartment
Attached is a handwritten note from Hugh Corrroy addressed to you
indic~tin~ he has a BuiJding Permit (#22876) pending which is needed
to complete the occupancy of the proposed Accessory Apartment. He
is expecting to flnlah the apartment within six months. (The bnillng
permit does not expire until 1/97, I understand).
Mr. Conroy is asking whether or not anything else is needed from
the ZBA while he is building the accessory apartment. We sent him a
reminder that a Certificate of Compliance is required before the
occupancy of the apartment.
Please note your answer below and I will call Mr. Conroy (unless you
want to call Mr. Conroy directly. )
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Lydia A. Tortora
Mr. Hugh Conroy
200 Gin Lane
Southold, NY 11971
BOARD OFAPPEALS
TOWN OFSOUTHOLD
~ Southold Town Hall
I/ -7 ..... ~.0. Box 1179
~h*~.~.~Y~'ff Southold, New York 11971
~O~%%~ Fax (516) 765-1823
~ %lephone (516) 765-18~
September 11, 1995 ~ ~0~ ~~
Re: Special Exception for an Accessory Apartment - 1995 Renewol
This is formal request to determine whether or
to effectuate the Special Exception use issued on
accessory apartment. ~.~ ~ ffo/')p~
Please confirm whether or not you have started construction of the
aeeessory apartment, and if not, to determine reasons causing the delay.~f~oC~
At this time we are requesting annqal renewals for all Apartment Special
Exceptions more than 12 months old. ~j('~'~O~
In order to update our file, please confirm whether or not you are
planning to have the proposed apartment in existence within the next six
months.
Once the apartment project has been completed, please send your request
for a Certificate of Compliance for the calendar year 1995 together with the
Town's required $25.00 fee with the enclosed application to the Building
Inspector's Office, together with your telephone number to arrange for an
inspection. (These documents may be mailed or submitted in person to the
Building Department. )
Upon receipt, an inspection will be arranged with you before the
Certificate of Compllanee is issued. If, however, there is no interest in
your part in completing the accessory apartment project, please state your
reasons why on the bottom of this form, sign and return it to our office.
Please feel free to call either Claire or Georgia of the Building
Department at 765-1802, or our office, if you have any questions concerning
issuance of the Certificate of Compliance.
Enclosure
cc: Building Inspectors
Very truly yours,
?
CHAIR~N
Hugh Conroy
Owner(s) Name(s)
do(es) hereby state:
CONSENT
TO
iNSPECTION
, the undersigned,
That the undersigned (is) (are) the owner(s) of the pr~mises in the Town
of Southold located at 200
Gin Lane, Southo!d,,,NY, 11971
· which is shown and designated on the Suffolk
County tax map as District 1000, Section 88 , Block 3 , Lot 6
That the undersigned (has) (have) filed, or caused lo be filed· !an applica-
tion in the Southold Town Building Inspector's Office for the follow'g: ~
Occupancy of Accessory APartment in Existing One-Family Dwelling
(ZSA Appiication No. 4247 issued J. uiy 14, 1994)..
That the undersigned do(es) hereby give consent to the Building Inspectors
of the Town of Southold to enter upon the above described property, including
any and all buildings located thereon, to conduct such inspections as they may
deem necessary with respect to the aforesaid application, including inspections
to determine that said premises comply with all of the laws, ordinances, rules
and regulations of the Town of Scuthold.
The undersigned, in consenting to such inspections, do(es) so with the
knowledge and understanding thai any information obtained in the conduct of
such inspections may be used as evidence in subsequent prosecutions for vio-
lations of the laws, ordinances, rules or regulations of the To~vn of Southold.
Hugh T. Conroy
' ' ~si~fiature)
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5738SS1 V2R2M0 920925 SOUTHOLD
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PLll0-41 W5
*INQ*
TOWN OF SOUTHOLD
PARCEL MASTER FILE INQUIRY
Address: GIN LANE , #380
APN: 1000 88 3 6
Transaction Type: PMT 5 Exception:
Eff Date: 7/10/95 Exp Date:
Description: BP#22786-Z - ACCY APT
1/10/97
09/15/95
Parcel ID:
Page 1
09:45:04
9/15/95
9.44.47
7171
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Cmd7-End Job
D~ar Supervisor T, WicKham and Members o¢ the Town Board;
As a resident and homeowner o¢ the Town o¢ Southo~d, I
strongly object to the Town Board arbitrarily allowing the
"special eNception' to the zoning code permitting accessory
apartments in residential neighborhoods. The proposed zoning
exception at 200 Gin Lane, Southold will completely alter the
character o¢ the surrounding community which consists o¢ single
family dwellings.
By setting this precedent, the Town o~
opened to the possibility o¢ applications
dwellings. [¢ this is allowed, the quality
neighborhoods wiii change and eventually will
nature o¢ Southold Town.
Southold will be
Car multi-¢amily
o¢ our individual
destroy the rural
We strongly urge you to deny the Gin Lane e>~ception and
adopt measures limiting accessory apartments and multi-¢amiiy
dwellings to the higher density and commercially oriented areas.
6n alternative would be to place this as a reCerendum be¢ore the
voters o¢ Southold and let their opinions be Known.
Our Comments:
The underlying Southold zoning ordinance is a travesty of justice as it arbit-
ralily determines the privilege of sub-leasing excessive living space in single-
family homes by their age. Such practice is not only non-sensical, it also reversely
discriminates against equivalent single-family housing of a younger age owned by
many other people in urgent need of supplemtary income.
Therefore, in the name of equal justice, your Planning Board should change
the existing law retmoactivel¥ (President Clinton did the same with our taxes) to
either exclude anyvariances to an established single-family housing zone with no
exception, or to extend the same sub-leasing privileges to all single-family homes,
regardless of their age. - Last, but not least, why not let the people decide on
this very important issue?
~ ~~ Sincerely,
Horst W. Geier Annemarie P. Geier
D~:,~r Sul:~ervisoP l'~ WicKhm. ond Members o~* the Town Boo~d;
As o resident ond homeowner o~ the Town o~ Southold, I
strongly obdect to the Town Boord orbitroril~ ollowing the
'speciol exception' to the zoning code permitting occessory
oportments in residentiol neighborhoods° The proposed zoning
exception ot 200 Gin Lone, Southold will completely olter the
chorocter oT the surrounding community which consists of' single
Tomily dwellings,
By setting this precedent, the Town o~
opened to the possibility o~ opplicotions
dwellings, I~' this is ollowed, the quolity
neighborhoods will chonge ond eventuolly will
noture o~ Southold Town°
$outhold will be
~or multi-Tomily
o~ ou~ individuol
destroy the rurol
We strongly urge you to deny the Gin Lone exception ond
odopt meosures limiting occesso~y oportments ~nd multi-~omily
dwellings to the higher density ~nd commercioll¥ o~iented
An olternotive would be to ploce this ~s o reCerendum before the
voters o~ Southold ond let their opinions be Known,
$IGNATURE~
DATE~
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
August 22, 1994
Mr. Hugh L. Conroy
200 Gin lane
Southold, NY 11971
Re: Appl. No. 4247 - Special Exception (Accessory Apartment)
Dear Mr. Conroy:
I have reviewed your request for a side deck entry not to exceed
13 ft. by 10 ft. in size, rather than a 10 ft. by 10 deck entry, to
the proposed accessory apartment on the second floor.
Our office has no objection to this change in the size of the deck
entry, provided it not exceed the size requested.
Very truly
GERARD P. GOEHRINGER
CHAIRMAN
cc: Building Department
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
July 21, 1994
Mr. and Mrs. Hugh Conroy
200 Gin Lane
Southold, NY 11971
Re: Appl. No. 4247 - Special Exception (Apartment)
Dear Mr. and Mrs. Conroy:
Please find enclosed a copy of the findings and
determination rendered Thursday evening by the Board of Appeals
concerning youl' recent Special Exception application for an
accessor~¢ apartment.
Before commencing alteration activities for thi.~ project,
please return to the Building Department for appropriate bulldin~
permit forms necessary for the new work. Also, when f~llng the
additional documentation and an application with the Buildino~
Department, please furni.~h their office with a copy of thiA
determination. An extra copy is enclosed for your convenience.
Very truly yours,
t,~nda Kowalski, Clerk
Board of Appeals
Enclosures
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
FINDINGS AND DETERMINATION
Appl. No. 4247(SE).
Application of HUGH T. and CAROL L. CONROY. Thi.~ is a
request for a Special Exception to establish an Accessory Apartment
in conjunction with the owner's occupancy within e~dsting residence
as authorized under Article III, Section 100-30A.2B and Section
100-31B(14) of the Zoning Code. Location of Property: Westerly
side of Gin Lane, Southold, NY; also referred to as Lot #2 on the
Subdivision Map of Bay Haven filed in the Suffolk County Clerk's
Office as Map 2910; further identified on the County Tax Maps as
1000-88-3-6.
WHEREAS, after due notice, a public hearing was held on June
8, 1994, at which t/me all persons were given an opportunity to be
heard and their testimony considered; and
WHEREAS, the Board hmm carefully considered all testimony
and documentation submitted concerning this application; and
WHEREAS, the Board made the following Findings of Fact:
1. By thi.~ application, appellmnt is requesting a Spe~im!
Exception to the Zoning Ordinance, Article III, Section 100-3lB,
Subsection 14, for approval of a p~oposed Accessory Apartment in
the e~isting principal building as more particularly shown on the
sketched map and floor plan submitted under thig application.
2. The premi.~es in question is located in the R-40
Low-Density Residentlmi Zone District and contmln.~ a total lot area
of appro~mmtely 40,000 sq. ft. with 300.0 ft. frontage along the
westerly side of Gin Lane, Southold. Thl, parcel is also shown on
the "Map of Bay Haven at Southold", part of Lot No. 1, acquired
by the applicant-ownere on August 30, 1988 by deed at Liber
10689, page 338.
3. The subject premi.~es is improved with a one and
one-broil-story framed dwelling structure with lower garage area.
The setbacks of the principal building footprint are shown to be
52+- feet from the front property line, 63+- feet to the northerly
side property line; 163+- feet from the southerly side property
line, and 48+- feet to the rear westerly property line, all at
Page 2 - Appl. No. 424.
Application of HUGH AND CAROL CONROY
Decision Rendered July 14, 1994
their closest points and as shown on the November 24, 1980 survey
prepared by Roder~ck VanT~uy1, P.C. and submitted with this
application.
4. The proposed area for an "Accessory Apartment" is
shown to be at 1399 square feet of livable floor area on the
existing ..second floor ~leveL . The ~'~ma~ning .floor area ~o be
retained as the principal single-family residence of the owners,
Hugh Convoy and/or Carol Conroy, is 2178+- square feet, or 61% of
the total livable floor area. This proposal meets the requirement
of subsection (d) which requires the accessory apartment not be
less th2n 450 square feet of livable floor area, and subsection (e)
which requires that the livable fleer area of the remaining unit be
not less th~n 60 percent of the total dwelling, as ex'ts.
5. Article III-A, Section 100-30A.2(B-1) <ref. Article III,
Section 100-31B(14)>, permits such use only as an accessory to the
residency of the owner in the subject dwelling, and further subject
to conditions (a) through (q). It is noted for the record that a
Certificate of Occupancy was issued under No. Z-22162 indicating
that the building "...subst~ally conforms to the ~equiroments of
a slngle-fsmily dwelling built prior to April 9, 1957" as applied.
7. Since the applicant would be permitted up to five
occupants: three for the existing dwelling and two for the
accessory apartment, then five (5) parking spaces must be
provided on thi.~ site in a mnnner which would prevent baclrln~ out
onto the highway or right-of-way access areas.
8. It is the position of the Board Members that all the
conditions and standa~,ds established by the zoning ~ode for an
aecessox~r apa~ment ~e satisfied and aeceptable as applied.
9. In considering thi,~ Speai~l Exception application:
(a) the Board h~.~ given consideration, among other thinoos, to
Sections {A} through {P} as provided by Article XXVI, Section
100-264 of the Zoning Code; (b) the Board h~.~ determined that
the use requested will not prevent the orderly and reasonable use
of adjacent properties or of properties in adjacent use di.~tricts;
(c) the Board h~ determined that the use will not adversely
affect the safety, welfaro, comfort, convenience or order of the
town - provided all other rules and rsg~]lations are complied with
at all times; (d) the use is in harmony with and will promote the
general purposes and intents of the Southold Town Zoning Code, as
updated and currently in effect.
Accordingly, on motion by Chairman Goehringer, seconded by
Member Dini~.io, it was
Page 3 - Appl. No. 424.
Application of HUGH AND CAROL CONROY
Decision Rendered July 14, 1994
RESOLVED, that the Application for a Special Exception
establishing an "Accessory Ap.artment," in the Matter of HUGH AND
CAROL CONROY~ as owners of the subject property~ BE AND
HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS:
1. Compliance at all times with Subsections a thru q of
.Section 100-31B(14), Article III, of the Zoning Code which are
noted a~ follows: ......
a) The accessory apartment will be located only in the
principal building.
b) The owner of the existing dwelling will occupy one of
the dwellin~ units as the owne~"s principal residence. The other
dwelling unit which is part of thi.~ application shall be leased for
year-round occupancy, evidenced by a written lease for a term of
one or more years, which will be Cried annually.
e) The exis~ng one-f~mily dwelling shah contain not
less than sixteen-hundred (1,600) square feet of livable floor area.
d) The accessory apartment shall cent~in not' less thmn
four-hundred fifty (450) square feet of livable floor area.
e) The accessory apartment shall not exceed forty (40%)
percent of livable floor area of the existing dwelling ~mlt.
f) A minimum of three off-street (on-site) parldng
spaces shall be provided.
g) Not moro thnn one (1) accessory apartment will be on
thi.~ parcel at any one time.
h) The accessory apartment will meat the requieements
of a dwelling unit as defined in Section 100-13 of the Zoning Code.
i) The exterior entry to the accessory apartment sh~]l
not change the existing exterior appearance of a one family
dwellinE (shall not have a separate front entrance>.
j) All exterior alterations to the existing building,
except for access to the apartment, shall be made on the exisi~ng
foundation <of the subject slngle-fmmily dwelling>.
k) The Certificate of Occupancy will termin~:e upon
tl~an-~fer of title or upon the owner ceasing to occupy one of the
dwelling nnits as the owner's principal residence; and that in the
event of the ownerts demi.~e, the occupancy of the accessory
apartment may continue in occupancy until a new owner shall
l{age 4 - Appl. No. 424.
Application of HUGH AND CAROL CONROY
Decision Rendered July 14, 1994
occupy the balance of the dwelling or one (1) year from the date of
said demise, whichever shall first oeeur.
Bui]dlng
1) This conversion shall be subject to inspection by the
Inspector and Renewal of Certificate of Occupancy
m) The 8xisting bUilding which is converted to permit
this accessory apartment sh,ll have a valid Certificate of
Occuapncy issued prior to January 1, 1984.
n) The existing building, together with this accessory
apartment, sh,ll comply with all other requirements of Chapter 100
(Zoning) of the Town Code of the Town of Southold.
o) This conversion for the accessory apartment shall
comply with all other rules and regulations of the New York State
Construction Code and other applicable codes.
2. The side entrance shall, however, be limited to a deck or
platform area not exceeding a size of 10 ft. by 10 ft., .plus stairs
to the second fleer;
3. The side stairway entrance and platform deck area sh,ll
rem~!D open and ,,n~oofed (or, in the alternative, a rear stairway
may be permitted in.~tcad of at the side location for the stsirs);
4. There sh,ll be no other outside st,i~vay for either ,mit,
other than the single outside stairway requested.
5. Thi.~ conversion sh,ll be subject to inspection by the
Building Inspector and renewai of a certificate of occupancy and/or
certificate of compliance nnnualiy, with a written notice furni.~hed
to the Chairman or Clerk of the Board of Appeals for updated,
recordkeeping purposes.
Vote' of the Board: Ayes: Messrs. Geehringer, Doyen,
Dini~io, and Wilton. (Nay: Member Vill~ - felt that this project
was ageln.~t the charaeter of thi.~ planned communit~ and established
development. ) Thl.q resolution was duly adopted (4-1).
/'~ GERARD P. 'G-OI~HR/NGER /
CHAIRMAN
/
RECEIVED
[l~.,~r Supc. rvisor l', Wicl(hal~ ,:lnd Members o~~ the Town Board:
As o resident ond homeowner o? the Town o~ Southold, I
stT'ongly object to the l'own Boord arbitro~ily ollowing the
'special exception' to the zoning code permitting accessory
apartments in residential neighbo~hoodso The proposed zoning
exception at 200 Gin Lane, Southold will completely alter the
charocte~ o~ the sarroanding commanity which consists o¢ single
~amily dwellings.
By setting this p~ecedent, the Town o~
opened to the possibility o~ applications
dwellings. I~ this is allowed, the quality
neighborhoods will chonge and eventually will
noture o~ Southold Town.
Southold will be
~or multi-¢amily
o? ou~ individual
destroy the rural
We strongly urge you to deny the Gin Lane exception and
adopt measures limiting ,~ccessory apartments .~nd malti-~,~mily
dwellings to the higher density and comme;'cially oriented c~eas.
8n alternctive would be to place this as a referendum be(ore the
voters o~ Southold ~nd let their opinions be Known.
Sou~ho~d '~o~n Clerk
D~.ar. Supervisor T~ Wicl(hom ond Members o4~' the Town Board:
As a resident ond homeowner o~ the Town o~ Southold, I
strongly ob,ject to the Town Boord orbitrorily -allowing the
"speciol exception" to the zoning code permitting occessory
aportments in residential neighborhoods. The proposed zoning
exception ot 200 Gin Lone, Southold will completely olter the
chorocter o~ the surrounding community which consists o~ single
~omily dwellings.
By setting this precedent, the Town o~ Southold will be
opened to the possibility o~ opplicotions ~or multi-~omily
dwellings. I~ this is ollowed, the quality o~ our individuol
neighborhoods will chonge and eventuoll¥ will destroy the rural
noture o~ Southold Town.
We strongly urge you to deny the Gin Lone exception end
,ldopt me,~sures limiting accessory oportments ond multi-¢amily
dwellings to 'the higher density end commerciclly oriented oreos.
An olternotive would be to ploce this os o referendum be¢ore the
voters o¢ Southold end let their opinions be ~nown.
Page 91 -Hearing Transcript
Regular Meeting - June 8, 1994
Southold Town Board of Appeals
MEMBERS Aye
10:06 P.M. T-5 858
MR. CHAIRMAN: Appl. No. 4247 HUGH T. and CAROL L.
CONROY. This is a request for a Special Exception to establish an
Accessory Apartment in conjunction with the owner's occupancy within
existing residence as authorized under Article II I, Section
100-30A.2B and Section 100-31B(14) of the Zoning Code. Location of
Property: Westerly side of Gin Lane, Southold, NY. also referred to
as Lot #2 on the Subdivision Map of Bay Haven filed in the Suffolk
County Clerk's Office as Map 2910; further identified on the County
Tax Maps as 1000-88-3-6 and I have a copy of a survey from Rodrick
C. Van Tuyl, P.C., indicating this house and its approximate
placement of this piece of property dated November 2u,, 1980 and I
have a copy of the floor plans indicating the nature of this
Accessory Apartment on the second floor area. I have a copy of the
Suffolk County Tax Map indicating this and surrounding properties in
the area. I will tell the audience that I apologize for this but
before we get into the actual rebuttal we will be taking
approximately a three minute recess at which time if anybody has not
seen the file we'll furnish it for them along with a copy of the
application that Mr. Conroy had to fill out and make ( ) which
includes the standards for an Accessory Apartment.
Page 92 -Hearing Transcript
Regular Meeting - June 8, 199L~
Southold Town Board of Appeals
HUGH CONROY: As you stated correctly this is not an appeal but a
crossway of Special Exception and I would like the Board to clear up
for everyone present in this room exactly what a Special Exception
means as oppose to a variance for a zoning change.
MR. CHAIRMAN: I don't want to get to extensively into it but I will
say this that the Special Permit Applications that are before us
which are generic not necessarily concerning this particular one
application are special permits which are granted by this Board. They
go anywhere from a residential zone and comprise Accessory
Apartments and Bed and Breakfast, one of which some of you have
sat through which was approximate third or fourth application for the
evening and a comprise special permits that we deal with on other
properties other than residential properties. The nature of this
particular application is an Accessory Apartment. It evolved in 1984
and then became part of the normal permit process sometime in, I
assume from my recollection about 1986 after the, along with our
presentation to the Town Board and .included any properties that had
COs or C of Os or referred to as Certificate of Occupancy before
January 1, 198[[. So, the establishment and program was built to
take care of the larger homes in Southold Town that had been
constructed prior to January 1, 1984. They were done for two
reasons, because we knew that there was existing housing stock out
there and there was needed to afford apartment for those people who
needed this housing stock and could not afford to rent homes.
Secondly, it was done as I assume on and I think I'm correct in
'Page 93 -Hearing Transcript
Regular Meeting - June 8, 199tt
Southold Town Board of Appeals
assuming this, to assist the property owners who had large houses
and were having problems with paying taxes that they were paying
on these houses. So again, it's a twofold situation. Number 1, taking
or making use of the existing housing stock, creating an apartment
for somebody who probably could not afford a house and number 2,
at the same time gave the person a tax benefit in reference to the
rent collection of rent and that's basically is how it came to be. We
have significant applications before us for this for this particular
use, Special Permit and some of them are very heart wrenching and
some of them are straight forward and we have extensive discussion
with Mr. C:onroy on last Saturday, we toured the entire house, we
toured his lovely piece of property which he has and that's basically
it. I hope that answers the question.
HUGH C:ONROY: As you stated and you received that the people here
can look over my application. I'm basically going to leave the
application on its merits by explaining only that it has a 300 foot
frontage on Gin Lane which is three times a normal lot in the
development with the normal setback. Also, I will explain as in the
schedule on A that from any given point to the north it's 68 ft. from
the next property line, it's 50 ft. to the west of the next property
llne, it's 58 ft. towards Gin Lane to the town line and it's 166 ft.
to Arthur Wells' line and what I~m trying to say by saying all of
this is that one of the not criteria but one of the considerations
that the Board is charged with are criteria besides the one from
fifteen all of which I think I have met, but they also are that the
Page 9u, -Hearing Transcript
Regular Meeting - June 8, 199~,
Southold Town Board of Appeals
use will not prevent the orderly and reasonable use of adjacent
property or properties adjacent. I think, with the space and the
amount of property that I have, well, it's obvious that I'm again
going to be disturbed by that. Also, that the use will not prevent
the orderly and reasonable use permitted or legally established uses
in the district. I don't see it. If, if, I'm on a piece of property
which is three times larger than the adjacent piece and the safety,
health and welfare of the town will not be disturbed or adversely
effected and lastly in coincidence with that last point, while the
safety and welfare of the town is a point here. The person who
signed the lease which is in the folder and you can even look at
works in this town, her daughter goes to Southold Schools as do my
three children and I think that the intent and the purpose of the law
is met, especially considering that when I purchased this property in
1988 as the Deed will show in the thing, in the folder, this law was
in existence. I'm not trying to create something that wasn't there
and I~m not asking for anything else than what other applicants which
I will furnish of this challenge to it have gotten with less frontage
and less square footage.
MR. CHAIRMAN: Just for the record, you are going to utilize the
second floor of this house?
HUGH CONROY: Yes.
MR. CHAIRMAN: You are going to if approved, place a deck area on
the portion of the house that faces the vacant lot which faces Main
Bayview?
Page 95 -Hearing Transcript
Regular Meeting - June 8, 199[~
Southold Town Board of Appeals
HUGH CONROY: Yes Sir.
MR. CHAIRMAN: And you do have a circular driveway in front of the
house and probably the person that is going to be utilizing this
Accessory Apartment will be parking somewhere in that general
vicinity on that circular driveway?
HUGH CONROY: Yes.
MR. CHAIRMAN: I thank you Sir and see if there's any questions
from any Board Members before I ask you to throw it out to the
floor. At this time I will ask for a short 3 minute recess. I will
furnish everybody with the instructions for the Special Exception,
the second floor floor plan that Mr. & Mrs. Conroy have furnished us
and the entire file. I'll lay them right down here and we will be
back in approximate 3 to ~ minutes.
(Members took a recess).
MR. CHAIRMAN: The only thing I did not mention when Mr. Convoy
asked me which I usually don't do but there are approximately 15
instructions which he did mention and they are all mentioned in here
in this application and the applicant if he needs or she needs that
criteria can be granted a special permit from this Board and that's
what this gentleman and his wife are before us for tonight. I would
also ask you if there are spoke persons and I realize that you all
probably are from one specific community and that's the entire
subdivision but if there are spoke persons, president, vice president
or other, I would like to start out with them and is there anybody
'Page 96 -Hearing Transcript
Regular Meeting - June 8, 199~
Southold Town Board of Appeals
that would llke to speak? How do you do Sir. Would you state your
name for the record please.
NORMAN R. WYNNE: Mr. Chairman, Members of the Board, my name
is Norman R. Wynne and I am the President of the Bay Haven
Property Owners Association which includes Gin Lane, Bay Haven
Lane and the connected cross streets, Mid Way and Watersedge Way,
approximately about 50 residents involved. The major percentage of
the attendance here tonight are members of our association. I believe
there are some other people from a neighboring association Terry
Waters and possibly some people from Main Bayview. The three major
points presented to the Board tonight in objection to the request of
Carol and Hugh Conroy. Supervisor Tom Wickham was quoted recently
in the Sunday Newsday in fact the May 29th issue and he stated
that the Northfork $outhold in particular was an area that people
visited, entered, fell in love with the locality, purchased or built
second homes and eventually retired there. These are people with
values like ours he stated. They have no interest in changing the
character of the town into something they wanted to get away from.
Gentlemen, I~m a stereo type to Mr. Wickham's remarks. My family
flew over and I personally have been coming to $outhold and enjoying
the atmosphere, the beaches, the ( ) of Southold, for 65 years. In
the summer of 1982 my wife and I vacationed in the Bay Haven area.
We found the residents extremely sociable and made many friends.
What really impressed us was the character and setting of this close
knit one family neighborhood. We listened as residents explained how
Page 97 -Hearing Transcript
Regular Meeting - June 8, 199t[
Southold Town Board of Appeals
William Wells developed a community setting down guidelines, in
establishing covenants, and for the type of housing erected, roofing
and fencing requirements, restrictions even for the types of animals
permitted. We were so impressed with the area that the following
summer 1983, we purchased our present house as a second home for
at that time residents from New Jersey. In 1992 we retired here
permanently. Mr. Chairman, I would like to enter the records for the
Boards perusal a copy of the original Declaration of William Wells
1959. It outlines the restrictions for residency in the Bay Haven
community. This document is filed in the records of Riverhead in
Liber 4585, Pages 346, 347 and 348. Paragraph 1 of the Declaration
clearly states: "No building or structure shall be erected, altered
or placed or permitted to remain on any residential building plot,
other than one single family dwelling." Unfortunately, Mr. Wells was
ailing in later years when he failed to renew his Declaration and it
expired in May 1, 1978. If it had been renewed we wouldn't be here
this evening. The document lapsed, but all of the subsequent years
the theme, the intent, the contents pervaded the actions of the
people as they built or purchased homes in the community. They
conformed to his guidelines and hence, there adds and remains a
single family community a major factor in maintaining the property
values of our homes. Together with the Wells' document I also present
photographs taken yesterday, June 7th of dwellings within our
community which hopefully will highlight to the Board that the
original theme of single family dwelling is carried forth down to the
Page 98 -Hearing Transcript
Regular Meeting - June 8, 1994
Southold Town Board of Appeals
present. Additionally, we have a petition signed by 69 Bay Haven
and Bayview property owners representing 37 homes, all objecting to
the passage of the Conroy request. And at this time and most of the
audience and members of the association I think I~d llke to have a
show of hands as to how many members of this association object to
this petition. Late this afternoon I even received an additional
sheet with 15 signatures from the residents of the adjacent
community. The Terry Waters community. Along with those petitions,
the pictures, I have letters from Mr. Robert Erath, adjacent property
owner and he was the person to whom Conroys purchased their home,
and also Mrs. Ruth Wells, widower of the original developer and
herself a neighboring property owner. Mr. Chairman, I do not know
your procedures, should I read these letters, or the Secretary of the
Board read them, make them public, or ....... ·
MR. CHAIRMAN: No, we'll certainly keep them in the record, we will
photocopy them and then we'll be aware of them. We will not be
makjng a decision tonight on this anyway.
NORMAN WYNNE: In fact, Mr. Erath has come from Connecticut and
he has a letter and he~s also here in attendance. Would you like
these documents now?
MR. CHAIRMAN: Yes, surely. I'd be very happy
them.
NORMAN WYNNE: Secondly, we have an
Property Owners Association with our own
and parking area. This was deeded to
to take a look at
active caring Bay Haven
limited but private beach
us, the Association, by Mr.
Page 99 -Hearing Transcript
Regular Meeting - June 8, 199~
Southold Town Board of Appeals
Wells. We care for our neighbors, we watch all the houses and
properties, we maintain telephone and address files, although summer
only residence. Notification of storm damage and other emergency.
This all comes about to the feeling of comradeship, members of a
community and a caring for your neighbors. I'm sure if the other
associations were here tonight they'd agree that home owners in a
well define community will band together like a family. We see
nothing in the Conroy petition which will enhance our association. We
see no numbers of people who will inhabit the apartment, avail
themselves of our limited beach facilities. Mr. Chairman, I ask a
question, what constitutes a family? What is the number? Is there a
number?
MR. CHAIRMAN: There is no number in New York State that is
enforceable Sir, to my knowledge.
NORMAN WYNNE: Suppose there's a change in the lessee. How many
persons are allowed to live in this residence? Are the sewage
facilities adequate?
MR. CHAIRMAN: To my knowledge he~s renting to two people and Mr.
Villa do you want to talk about the sewage facility?
BOB VILLA: What's there is just been put in as the same as any
other house in Bay View. It meets Health Department Codes for a
single family home.
NORMAN WYNNE: Back again to the original question. What
constitutes a family and what about if there's a change in the
lessee? Can it be a family come in with 8 or 10 children,' or 8 or 10
Page 100 -Hearing Transcript
Regular Meeting - June 8, 199~,
Southold Town Board of Appeals
members of a family? What impact is that going to have? I ask you,
will these people have the same attitudes and concerns for their
neighbors as we all have for each other? Lastly, Stewardship
Committee. It expired on June 22, 199~t, last week. Their
recommendations are be edited and simulated for their final report
and I believe they recommended high density housing in Hamlet and
Village areas not in prime residential areas. The interim of their
report I cite statements from their September 30, 1993 draft outline
of recommendations and I read from page u~ under the title Preserve
The Character Of Hamlets and Countryside. The small town quality of
our individual neighborhoods in the sense of community they foster is
something to be cherished. Critical to their identity is the
difference between Village and Countryside which should not be lost
to random suburbanization and stripped development. Going further,
page 11, under Affordable Housing, in order to maintain a diversity
in the population of Southold and to assure a sustainable economic
development affordable housing is needed and should be created
throughout the town, Often the cost of this housing is beyond the
reach of most families and actually competes with the sale of
existing housing by private individuals. Flexible and innovated ways
should be developed to create affordable housing without renting zone
changes and density allowances which contribute to the destruction of
the roll environment. On that same topic, their recommendation 2~,E,
Adopt Zoning, to allow the creation of multiple unit residence and
mixed use developments in business and commercial zones. (Joking
'Page 101 -Hearing Transcript
Regular Meeting - June 8, 1994
Southold Town Board of Appeals
between the Chairman and Mr. Wynne.) In fact, I~d like to take aside
right now. I want to applause and acknowledge the assistance of your
office staff. Linda Kowalski and Lucy Farrell. They have cheerfully
and in a very professional manner answered all our questions and
provided any information we requested over these last two weeks.
From a list provided by your office we ascertained that there are
currently 12 Accessory Apartments in the Town of Southold. Five of
these in the Village of Southold. We have observed the settings and
localities of these properties in order to compare the environmental
impact on our neighborhood for this proposed apartment. Number 1,
house of Elsie Young, granted in November 1988, 480 Bristol Lane, a
house located in a remote Cul-de-sac of 4 dwellings, has no major
impact on traffic and property values of those other residence. (B).
house of Martin Bussanich, granted in February 1993, 833 McGoverns
Place, again a quite, remote street with approximately 3 other
houses, minimal impact. House at sea, house of Robert Dier, granted
in March 87, 355 Terry Lane. This house is in the vicinity of
Founders Landing. It's water front and is located 40 to 50 yards from
the road. So completely obscured by trees and shrubbery, it is
extremely difficult to be seen. (D). House of Stamatios Rapanakls,
granted in December 1986, 2030 Bolsseau Avenue. It's located near
the entrance to High Point Meadows, to what appears to be a
business across the road. Boisseau Avenue is ( ). There are
businesses, there's an entrance to Colonial Gardens, there's a
factory for sale or rent at the railroad tracks, there's a saw mill
Page 102 -Hearing Transcript
Regular Meeting - June 8, 199L[
Southold Town Board of Appeals
or a wood chipping operation nearby. It's definitely not a prime
residential community. (E). House of Daniel Jerome, granted in July
1986. 1~5125 Main Road, neighboring on antique shops, vineyards,
landscape contractors, etc., a commercial zone. These five locations
in the Town of Southold, in the Village of Southold, have minimal
impact on surrounding property values and more importantly they are
not located in close knit one family neighborhood. Gentlemen, what
we're discussing here tonight is precedence sake. If granted this
exception has major impact on the Town of Southold as well as on our
neighborhood of well kept single family homes. It impacts the
property values, the life style, the future of the owners of upwards
of 50 homes. If you rule yes on the Conroy exception you'll be
making a statement to the people of Southold, ignore your neighbors,
forget zoning recommendations and regulations, anyone with a large
home built before 198~, come, file for an exception. You'll be
saying, we the Town of Southold could care less that your
neighborhood is prime residential and the value of your property will
decline because what youHI be saying is, we don't care, we'll be
moving towards some artificial government quota obtaining to
affordable housing and rental space available. Gentlemen, I thank you
for your time and attention and I implore you not to pass this
exception.
MR. CHAIRMAN: Thank you very much. That's probably one of the
best presentations from an individual representing a group that I've
ever heard in lit years that I've been here.
'Page 103 -Hearing Transcript
Regular Meeting - June 8, 1994
$outhold Town Board of Appeals
HUGH CONROY: I take exception, great exception to constant
referral to prime residential area. He confronts that somehow or
other I do ( ). Number 2, Norm, 1952, we bought our
first lot out here. You're not the first one. I've had a family out
here since then. I'm paying taxes since then.
MR. CHAIRMAN: Mr. Conroy, you have to kind of lighten.
HUGH CONROY: I'm sorry. Now as far as the covenants
that Norm
explained, Mr. Wynne explained, I'm sorry, I have a copy of them
also he gave me just as I gave him copies of all the laws, rules and
regulations so I gave to the association anyway. Even before the
notice of connecting neighbors. It seems odd to me that in the
covenant people want to, well the association I guess, by the way I~m
a member of the association, ----
(The association making remarks)
MR. CHAIRMAN: Wait a minute. Please, no, that's kind of
productive, but can I just ask a question. You pay dues to an
organization?
HUGH CONROY: Yes.
MR. CHAIRMAN: All right. Are those dues voluntary? Are they
voluntary or are they involuntary? Do you have to pay them?
HUGH CONROY: I don't know.
MR. CHAIRMAN: All right. Well the question is, they have to pay for
the taxes on the beach front and any other access I assume, so that
probably what the money goes for.
HUGH CONROY: I don~t know.
'Page 101~ -Hearing Transcript
Regular Meeting - June 8, 199u,
Southold Town Board of Appeals
(Discussions between Chairman, Conroy and Wynne)
NORMAN WYNNE: Mr. Conroy moved out here I believe he said in
1988. Is that right? Last summer was the first time that he joined
the association. As of the August meeting of last year, his dues were
due for this year. So, as he currently stands right now he is not a
member of the association.
MR. CHAIRMAN: How much are the dues Mr. Wynne?
NORMAN WYNNE: It was $50, it'll be $75.
MR. CHAIRMAN: All right. What do you use that money for?
NORMAN WYNNE: Bulkhead upkeep, taxes,
MR. CHAIRMAN: On the beach front piece?
NORMAN WYNNE: Yes. Insurance, parking lot, improvements. We
have our own float, we have horse shoe pits, all right, so that's all
due. Insurance, taxes, upkeep.
MR. CHAIRMAN: Just let me ask a question here because you know
I~m not too smart. If this situation were involuntary and he was
anybody generically, he did not and anybody didn't have to pay they
still have the right to use the water.
NORMAN WYNNE: That's right. Yes. Not the float, the parking lot,
horse shoe pits.
MR. CHAIRMAN: Where is the parking lot? In front of the ---
NORMAN WYNNE: On the beach.
MR. CHAIRMAN: On the beach. So in other words you would have to
walk down.
NORMAN WYNNE: You have to access.
Page 105 -Hearing Transcript
Regular Meeting - June 8, 199~
Southold Town Board of Appeals
MR. CHAIRMAN: Somebody would have to walk from their house down
to the beach.
NORMAN WYNNE: ThatSs right. All the houses were all deeded with
you know, water rights.
MR. CHAIRMAN: So that's inalienable, you can't take that away.
NORMAN WYNNE: That's right, but the parking lot belongs to the
Association and the use of the float, and anything else is restricted
for members only.
MR. CHAIRMAN: All right. So, inordinately if the association did not
collect dues and did not pay taxes on the water front parcel which is
probably the only parcel. I'm talking about the beach front parcel. I
happen to work for the Suffolk County Department of Law, and we
seize property for non payment of taxes. The County would then
probably own that piece of property.
NORMAN WYNNE: Absolutely, surely. Town County, you know, say, I
don't know who would get it first. It would not belong to us as
members of the association.
MR. CHAIRMAN: All right, so that's basically that situation. There
would be no barring of anybody from that particular piece of
property if they walked to it, transversed it, use the water, walk
back and so on.
NORMAN WYNNE: Absolutely, but you have to be very careful.
There's a float there, insurance is a big ().
MEMBER VILLA: Jerry, I have a question. Was there anything in the
deed that said everybody had to pay their dues?
Page 106 -Hearing Transcript
Regular Meeting - June 8. 1994
Southold Town Board of Appeals
NORMAN WYNNE: No, not that I know of.
MEMBER VILLA: All right because I belonged to a similar situation in
my previous house and it was right in the deed and if you didn't you
didn't have to pay if you didn't want to, but there was an automatic
llen on the property and when you went to sell it, it had to be
resolved.
NORMAN WYNNE: No, no such ().
HUGH CONROY: About the covenants and about Mr. William Well's
intentions as of 1978 which expired. I dldn~t know it was due to
death, I'm sorry about that, I didn't know that, I wasn't here. But
there are other covenants in here that are blatantly disregarded
every day.
MR. CHAIRMAN:
Can I just say something. I~m not here to upset
anybody in this group.
HUGH CONROY: I don~t want to get into that either. I'm sorry. I
don't want to get into it either, but if it's and that's why I kept
my remarks to a minimum and want the application to stay on its
merits, but if you're going to thrash me I got to talk back.
MR. CHAIRMAN: I~m not going to thrash you.
HUGH CONROY: No, you know what I mean,
saying. But this covenants is being disregarded.
them right here and I also got people who wrote letters to the Board
complaining about the fact that I'm going to cheapen the property or
their property values. Money keeps going on around and around in
this ( ).
you know what I~m
I've got pictures of
Page 107 -Hearing Transcript
Regular Meeting - June 8, 199[~
Southold Town Board of Appeals
MR. CHAIRMAN: Just, just let me say this, please.
HUGH CONROY: Excuse me, but this is ........
MR. CHAIRMAN: Please, I would really appreciate ..... , but I just
want to say this and this is not a popular statement to make to an
association, but this Board, this Town, even if the covenants were in
effect are not bound by them and it's not a popular statement to
make, but it would be unkind of me to have you leave here thinking,
because we have had specific set back requirements placed in
covenants and restrictions and remainder lots have come before us
where those covenants and restrictions have had to have been varied
so as to allow a single family or a multi-family. When I say a single
I'm talking about one with an Accessory Apartment to be constructed
on a parcel of property. Just so everybody is aware of that, but I
do appreciate your mentioning it and I assure you that very rarely
do we bridge those covenants, but in this particular case. The only
other thing that I want to say is please be aware that even though
on the surface this looks like a multi-family use because there are
in effect two families living in the house it dies when this
gentlemen sells the property. It does not survive the sale. It is not
a permanent fixture. The kitchenette which he would be placing in
this property can be extricated just as easily as it was placed in.
I'm not selling the thing for him. I'm telling you that that's the
situation. I can understand your concern. Again, for the people that
sat before us tonight with the Bed and Breakfast application, and an
$800,000 house, there was a concern of loss of property value there
'Page 108 -Hearing Transcript
Regular Meeting - June 8, 1994
Southold Town Board of Appeals
and we understand that and I'm addressing you in general, but the
concern here is, has this gentleman met the requirements of this
specific proposal which is the Special Permit before us.
NORMAN WYNNE: But doesn't the Board look at a neighborhood? A
neighborhood where they'll survey something like this? See what the
impact is on the neighbors? I mean there's an impact on over 50
houses here.
MR. CHAIRMAN: When we had the public hearing, there was not a
particular concern of putting Accessory Apartments in subdivision
areas. I will tell you this, that I came before a different Town
Board, when the Bed and Breakfast application, and I hate to keep
on comparing it, but they are somewhat unique in their own right. I
specifically asked the Town Board at that time and this bas nothing
to do with the present Town Board or the present Supervisor. This
rule has been carried over as I said since 1987 or 88. This is Bed
and Breakfast. Not to place it in subdivision areas and it is in
subdivision, it's in all the areas. I understand your concern Mr.
Wynne and the only thing that can be done is really to petition the
current Co-Committee and ask them if it be taken out of subdivision
areas,
NORMAN WYNNE: Who are the members of the Co-Committee?
MR. CHAIRMAN: Well, any Member of the Planning Board, any
Member of the Zoning Board that is chaired by the Deputy
Supervisor. Now, rather than get me in trouble because I'm already
in trouble on the record, I would sincerely appreciate your
~Page 109 -Hearing Transcript
Regular Meeting - June 8, 199L~
Southold Town Board of Appeals
can see that.
property but
Thank you.
explaining to her and she's a very easy lady to speak to, that's Mrs.
Oliver, that your ultimate concern is having these particular Special
Permits in subdivision areas and that's the whole concern. Now, what
do you say. What is a subdivision area and what is not a subdivision
area? A non subdivision area is a described piece of property. That's
where certain pieces of property were sold off prior to zoning.
That's the difference between a subdivision area and a described
piece of property. That's what you're lobbying for and I think that's
what you're going to have to talk to them about. We don~t make the
rules. We unfortunately have to live by them and I don~t mean
unfortunately. In your case it's unfortunately. In our case we have
not seen any abuse of this problem. It has helped twelve people in
this town. It has helped both the person that has owned the property
and the persons that have rented the property. NORMAN WYNNE: I
It would definitely help the person who owns the
it's going to effect the surrounding neighborhood.
MR. CHAIRMAN: I just hope that everybody understands that we are
.... . No, no, I know that you don~t understand why the law stands
the way it does, but I hope that you, I hope that in some way you
can understand what we're saying. Yes.
ELIZABETH BERNICH: Do any of you up there have income property?
MR. CHAIRMAN: Well, I want to be honest with you ma~am, I had
told Mr. Conroy on Saturday, because I'm in a similar situation. I
have two children in college and when the children leave Pm going to
'Page 110 -Hearing Transcript
Regular Meeting - June 8, 1994
Southold Town Board of Appeals
be forced to do exactly the same situation that he's doing. So my
name will appear up here and I~m sure that my wife will not agree
with that but you know that's what going to have to happen because
I can't pay the taxes.
TOM FOX: Excuse me Sir, with all due respect, do you tell Mr.
Conroy and people in similar circumstances you always have the
option to sell your house?
MR. CHAIRMAN: No question about it.
TOM FOX: Move to an area where you can.
MR. CHAIRMAN: I apologize because what I'm saying is becoming
counter productive and I apologize.
MEMBER DINIZIO: I would just like to comment that I live in a
subdivision. I live where there's this potential has existed for
probably the better part of what seven or eight years in the town. It
has existed and will continue to exist unless someone changes that
particular law. I see an application for an Accessory Apartment with
15 standards. Sitting on the Zoning Board now for seven years we
have to follow those standards and the standards have been set forth
for seven or eight years now. We do get people that oppose. We have
turned some down. But only we have turned them down because they
didn't meet the standards. Either the house was too small, you
couldn't get entry way, you couldn't get parking, whatever it was.
But, if a person meets these 15 standards as the law stands today,
and as it has stood for seven years, there's not a lot that the
Zoning Board of Appeals can do but to give them what they by law
· Page 111 -Hearing Transcript
Regular Meeting - June 8, 199~[
Southold Town Board of Appeals
can have. I mean, I just want you to know, you know you're saying
you know are any of us effected? We're all effected by it. We have
potentially been effected by it for that long and will be until
someone stands up and changes that particular law.
SUSAN LZRESE: My name is Susan Lzrese and I would just llke to
say what is at stake here is the nature of communities and the nature
of the changing of communities in areas. My husband and I moved
last August from Huntington where across the street from us was
approved a one family apartment. Now I will tell you that in this
apartment there were twelve people living. There were cousins, there
were aunts, there were uncles, there were brothers, sisters. There
were four cars parked two of which at any given moment weren't
working and this indeed changed the nature of our neighborhood. I
want you all to know that decisions that are made here effect a large
number of people. Not only two or three people. The reason we came
to Southold was because our quality of life in Huntington was being
slowly eroded. The decisions that are made here by you effect a
large number of people and the very nature of communities and that's
what I would like to say.
MR. CHAIRMAN: Thank you ma'am. Yes, Sir.
H.W. GEIER: My name is H. W. Ceier. I'm living on 265 Bay Haven
Lane. What I don't understand is how a financially residentially
insecure young family could actually buy such a large house knowing
quite well that there might be trouble· Trouble afterwards. Why do
they get into such a venture and then hide behind your ordinance in
'Page 112 -Hearing Transcript
Regular Meeting - June 8, 199~,
Southold Town Board of Appeals
order to force us into agreeing to a change in the Building Code or
in the character of our neighborhood. I find it's utterly unfair.
Personally I went through a similar experience. I was just building
and buying my own small business and was incapable of moving into a
better area with my family. I turned my friends who in fact
invited me to get out of North Yonkers, North West Yonkers, in
order to enjoy a better neighborhood. I turned them all down and
said well the time has not come for me yet. I still feel financially
insecure although this would have meant a lot to my children that
were just going to school. It would really have improved on their
llfe you know during their childhood because the schools in Yonkers
are terrible. They're still terrible. Unfortunately we waited too
long and as a result built in our residential area a large 15 story
high rise building was erected and we actually ran away from it. We
finally decided to move to Southold in order to escape this disaster
which we hope will not happen here. A second thought is why did we
not get word from our attorneys when we bought our home on Bay
Haven Lane that a similar situation might arise in the form of the
ordinance of which you have to insist because we probably would
have decided against it if there was just a likelihood of a similar
situation that could develop here in our chosen area because we
wanted to have bought our house on Bay Haven Lane and rustic
Building Codes and trusting that we would live in a quite and
protected area and so that we could really enjoy our, for the rest of
our life in retirement and apparently we are exposed now to the same
'Page 113 -Hearing Transcript
Regular Meeting - June 8, 199~
Southold Town Board of Appeals
dilemma which we tried to escape from so this is what I would llke
them to at least add to the dialogue between you and my family.
MR. CHAIRMAN: Thank you Mr. C;eier. Yes, Sir.
ROD FREMGEN: My name is Rod Fremgen. I live across the street
from the house in question. I would like to know are there any
particular regulations on cesspools with multiple dwellings and
periodic cleaning of cesspools and so forth?
MEMBER VILLA: Well, the town has a code ....
ROD FREMGEN: A licensed cesspool cleaner required to do such a
thing?
MR. CHAIRMAN: You mean on a periodic basis? Are you referring to
a periodic basis when once these are permitted? Is that what you're
referring to Sir?
(Discussions between everyone)
MR. CHAIRMAN: On a periodic basis are they suppose to come in and
check this, you know like every six months because there's more
sewage being used or something llke that?
NORMAN WYNNE: I think that's what he~s getting at. I believe that's
his question. I believe what he's saying is, in a multiple dwelling
are there any additional restrictions as to periodic inspection,
draining, pumping or sewage?
MR. CHAIRMAN: Let me just explain this to you. Originally when this
law came into being there was a gentleman on the Board on the Town
Board and again by the name of Paul Stautenberg and Paul
Stautenberg is a noted and environmentalist. I'm not speaking for
Page 11~ -Hearing Transcript
Regular Meeting - June 8, 199L[
Southold Town Board of Appeals
Paul Stautenberg, I'm not orchestrating anything at this point but he
went to Suffolk County Health Services and they said we still
construe this to be a one family dwelling. So to answer this nice
gentleman's question to the best of my ability, I hope he's reading
my llps, I assume, that there is no additional sewage cleaning
required.
(Mr. Wynne is relaying the statement to Mr. Fremgen who had a
hearing problem. )
NORMAN WYNNE: How about claiming a cesspool yourself? Is that
allowable?
MR. CHAIRMAN: I don't know how you could. What would you do
with the sewage?
(Remarks being made by various people).
MR. CHAIRMAN: Yes ma'am.
ELAINE WHITE: My name is Elaine White and I live in Southold since
1988 and I work in Southold School. My concern is very much with
Sue Lzrese. Her concern is that I've seen very often you know our
school district has increased, our population has increased. We're
bursting at the seams at the school right now. Our budget didn't
pass. This is what is happening to Southold because many people are
renting. We have a large home on Main Bayview Road which is the
Section 8 people living in a home. My concern is that I do trust that
if Mr. Conroy rents this to three people he had listed there who he
will rent to I'm sure they will be fine people. My concern is that if
there are some financial concerns he has about paying the taxes so
'Page 115 -Hearing Transcript
Regular Meeting - June 8, 199L[
Southold Town Board of Appeals
on he just might just have to sell his house and I doubt if someone
would buy that house at the price it would go for, probably be very
high and tear out a kitchen and make it a one family dwelling.
MR. CHAIRMAN: He has to. They have to because the C of O will
only read for a one family dwelling. When the inspection is done by
the bank and the appraisal is done it will be for a one family
dwelling and anybody else who comes in there will have to reapply
but just let me say something to you. This gentleman has not come
before us with any documentation that he is, I said that I would be
the person that would be interested in an Accessory Apartment and
my name will be listed in the paper and my neighbors will have the
same right as you have the right tonight to come out and speak and
he has not indicated that to us so I don't want you to get that idea
that that's the reason why ---.
ELAINE WHITE: But it's just as easy to pass something llke that
here. That other person will probably get another, that other person
will probably get the CO and that person might be from Smithtown,
just like the person who owns that house on Main Bayview and just
rent it to anybody and there goes our community.
MR. CHAIRMAN: No, it has to be owner occupied.
ELAINE WHITE: But could that person also just be someone who
doesn't really know these people, or live with these people, like we
do. It could be anyone who doesn't understand. That they think it's
a multiple, this is a multiple family. I could bring my four cousins
and my aunts and uncles, my dogs, my cat and there I, we just have
'Page 116 -Hearing Transcript
Regular Meeting - June 8, 199~
$outhold Town Board of Appeals
a concern about the validity of that house. That is the underline
thing. If it's going to be that one family.
HUGH CONROY: I've got an answer to that and I've said this before.
If I~m living in a house and getting a rent from someone I have to
live in that house. Right, according to the rules. If I sell the
house, I can't sell the house until there out, right. I wonder where
everybody's concern is with the houses that are rented year round,
half year, weekly, monthly, biweekly. What is the difference? How
many people live in a house that's rented year round? What make a
family then? What makes a family if somebody comes out for two
weeks? What makes a family for somebody that comes out for a month?
Where are the concerns?
(Everybody talking and neighbors getting nasty with Mr. Conroy)
SUE MACCHIA:We did that. We moved out and we rented a house on
Gin Lane and then we bought a house on Bay Haven Lane and we
worked very hard, my husband and I with a 2 year old daughter to
pay our mortgage, but we're one family. I could do just the same.
Build an extra floor, rent. (talking to someone else) We lived up in
Garden City or New Hyde Park in Elmont, where there are thousands
of rentals. You couldn't park and that's what's going to turn out to
be.
SECRETARY BOARD KOWALSKI>>: You're assuming that it's going to
be abused, that's all.
'Page 117 -Hearing Transcript
Regular Meeting - June 8, 1994
Southold Town Board of Appeals
MR. CHAIRMAN: I don~t know what else I can to tell you people. I
appreciate ...... . The gentleman with the striped shirt. Just a
minute Mr. Ceier. The gentleman with the striped shirt.
TOM FOX: My name is Tom Fox. I~d like to know the impact on the
Southold Town Code if there are welfare families who get in there and
Mr. Conroy for whatever reason is forced to dispose of his house,
what effect is the presence of the welfare families have there with
respect to evicting those people from that house?
MR. CHAIRMAN: First of all you can't discriminate, number 1.
Number 2, I could not possibly answer that question. All I can tell
you is that when anybody and I'm talking generically, goes to sell a
house that has some sought of kitchen unit in it, on the second
floor, the appraiser is automatically going to say where is your ~two
family" C of O. This gentleman does not have, will not receive, will
never see a two family C of O, out of this thing. He has a Special
Permit for, he possibly will have a Special Permit for an Accessory
Apartment, which will die, dispose of, distinguish, whatever you
want, whatever phrase you want to use, the minute he sells this
piece of property and he must live there. (Interrupted), But that's
what I said to Mr. Wynne. This is where it has to start. You're
going to have to deal with it in an administrative fashion and that's
the concern that we have. You will have to do it on the basis on our
Code Committee. You know, it's a nice town and it is small enough to
deal with on a one to one basis and that's what's going to have to be
'Page 118 -Hearing Transcript
Regular Meeting - June 8, 199t~
Southold Town Board of Appeals
done. You're going to have to deal with it on that basis. It is
beyond our purview. Mr. Ceier.
H. GEIER: I also see a (too many people talking) case of this very
nature coming from your ordinance. (People talking) I have a house
which is large enough, children are grown up, and they leave home
and their parents are getting older and their older themselves and of
course a fixed income and they might wish to utilize their larger
apartment or their larger homes in order to rent them out in order to
(other voices interfering) just in order to support their income. Now
yet exterminating against those people because they might llve in
homes which they bought at a later date, so apparently you are just
singling out homes which were built before a certain time. In other
words you classify those homes which are permitted to be rented out
as two family homes according to a ( ) case, but you discriminate
against those people that might be compelled to look for additional
income, have homes which are of a younger date or purchased at a
later time and they cannot do the same thing.
MR. CHAIRMAN: The law was originally established Mr. Geier to take
care of existing housing stock. That's what it was established for.
It was not necessarily established for new homes.
H. C;EIER: Yes, but this is discrimination. This is unfair
..... for certain homes which are built lets say a certain
why don~t you apply the same right and privileges in (
Mr. Chairman and 13eler speaking at the same time.)
because
time ago
) homes?
'Page 119 -Hearing Transcript
Regular Meeting - June 8, 199t~
Southold Town Board of Appeals
MR. CHAIRMAN: I know, but I didn't write the law, Sir and that's
the reason why. The laws, I just explained to your president that
that's what has to be done. If that's the way ......... .
(Mr. Ceier talking with the Chairman at the same time.)
MEMBER DINIZIO: I just want to say something that you all seem to
be concerned about this law that has been on the books for quite
some time. There are other things going on in the town that are
worse. I mean the issue that we had before us are for Bed and
Breakfast there are suggestions now that some of those people and
those people who applied don't even have to come before us, that you
wouldn't even have to have say. There would be no public hearing,
they could have a Bed and Breakfast, people come, yes ma~am, what
I'm saying to you is if you want, if you're frustrated about this you
have to come, speak up at those Co-Committees, you have to speak
up to your Town Board because the Town Board is where all of this
is coming from and don't blame the precedence administration. I can
remember the accessory law going over and over, over again with
seven people in the room representing the entire Southold Town. I
don't know how many different ( ) ideas you can get with just seven
people, but that's basically how that law got into existence. The
more people that come, the more people that offer their opinion, the
better the law is going to be.
this and believe me you should
are much more, that are going
The Bed and Breakfast Law is going
You know if you're dissatisfied with
be, but there are other things that
to effect you much more drastically.
to be one. That's going to be
'Page 120 -Hearing Transcript
Regular Meeting - June 8, 1994
Southold Town Board of Appeals
strangers in your neighborhood every weekend. They could always
lower their price ma'am, but there's going to be different strangers
in ---. (Interruption ) No, not now, but neither were Accessory
Apartments up until this gentleman made his application. Right ma'am,
but he could just as very well have Bed and Breakfast and not even
come here. That's what I'm trying to explain to you and what you
need, if you needed some place to go, go to your Town Board, go to
your Councilman, go to those Co-Committee meetings, give them your
suggestions and tell them what you think.
BOARD SECRETARY KOWALSKI: They adopt the laws.
MEMBER DINIZIO: There the ones. Those Co-Committees, we attend
them all and honestly, I mean it's tough to come up with ideas unless
people are there. You know, I~ve viewed it a little differently until
Mr. Wynne spoke and in all honestly I viewed the Accessory Law just
a little bit differently and you may not have changed my mind Mr.
Wayne, but certainly you have focused a problem that will definitely
effect my opinion when asked if we ever discussed this again.
However, it exists and it has existed for some time.
MR. CHAIRMAN: It's not up to us to discuss it. It's up to you to
bring it back on the floor and that's where it has to be discussed.
MEMBER DINIZIO: I don't want you to get the impression that I'm
saying to you, you know there's nothing you can do about it,
because man, you can do something about it tomorrow at 8:30 when
Town Hall opens up, if that's what you intend to do, but you know
we have to follow our standards. Our standards are written, you
'Page 121 -Hearing Transcript
Regular Meeting - June 8, 1994
Southold Town Board of Appeals
know we have to look at those standards, if they meet them, there's
not a lot that we can do about it, but, hey, you know, give them a
chance, glve your Councilman and Supervisor a chance too. Thank
you for listening.
MR. CHAIRMAN: There's a gentleman in the back, yes.
ARTHUR WELLS: I'm Arthur Wells and I llve on 580 Gin Lane. My
property abuts against Conroys. Now, in paragraph B, I don't know
if you have one of these in front of you, and line 1, he states "our
house is surrounded by undeveloped lots, one of which we own.~ Now
in order to own a lot you have to have a deed to it, right, and he
has 300 feet on his deed, now where does the other lot come in and
how could my house be undeveloped, I abut against him?
MR. CHAIRMAN: Well, it was a mistake. We saw your house when we
were there last Saturday, Sir.
ARTHUR WELLS: Yeah, but how could he say that my house is
undeveloped?
MR. CHAIRMAN: Maybe he was referring to the pond area as being a
separate lot. I have no idea. We can ask him.
ARTHUR WELLS: Why do you say my lot is undeveloped?
HUGH CONROY: I didn't say your lot was undeveloped.
ARTHUR WELLS. Well, you state it right there. Your surrounded by
undeveloped lot.
HUGH CONROY: I am.
ARTHUR WELLS: How? Do you know what a lot is? You have to have
a deed to ---?
'Page 122 -Hearing Transcript
Regular Meeting - June 8, 1994
Southold Town Board of Appeals
HUGH CONROY: Well, excuse me, Mr. Wells I didn't know that. What
I meant was that there another piece of parcel land between yours
and where my house ends that's ---
ARTHUR WELLS: Well, which lot is it, what parcel is it?
HUGH CONROY: Where the pond
ARTHUR WELLS: You have 300 feet on your deed.
HUGH CONROY: Yeah.
ARTHUR WELLS: And that's what you have. Did you classify that
undeveloped?
HUGH CONROY: I'm not a lawyer.
ARTHUR WELLS: That's all I have to say. I have a revised and when
I bought the lot, his original lot was ~00 feet and I bought 100 feet
of the south side of it and I added it on to my deed.
MR. CHAIRMAN: I see. So you're lot number 3 when you added that
other.
ARTHUR WELLS: Yes and he says he's the only one that has 300
feet. Well, I have 300 feet too plus I own the lot on the water side.
MR. CHAIRMAN: So, you're lot number t[ also.
ARTHUR WELLS: Yes. All right. You'll take that into consideration.
MR. CHAIRMAN: Yes Sir.
LEWIS COTIGNOLA: My name is Lewis F.X. Cotignola. I also live
down midway east in the development. After listening to all of this I
moved here also in 1992. Someone brought up a very interesting
question here as to when you close once you buy a house, you close
on the home, I was never notified that you have an exception ( ) to
Page 123 -Hearing Transcript
Regular Meeting - June 8, 1994
Southold Town Board of Appeals
a one family residence. What recourse do I have as far as a lawsuit
is concerned? Shouldn't my lawyer at the closing, shouldn't that be
stated in there that you have an exception?
MR. CHAIRMAN: Sir, this is by Special Permit before this Board. It
is generic to every single solitary piece of property in the entire
Town of Southold. I don't care if it's Nassau Point, Orient, up, up,
in Grand View, the Crokos application was before us again. That
goes back to my original question to Mr. Arnoff tonight. Would we
still be here on this Bed and Breakfast if the house was not worth
$800,000? The gentleman that was before us tonight, Mr. Crokos,
anyone of those lots in Grand View which are worth a half-million
dollar apiece. I'm just saying it's generic to everything. It is
generic to every piece of property. So, your attorney would not
have known that. OK, and to be honest with you.
LEWIS COTIGNOLA: OK, Well I just, well, let me just state here as a
member of the association, the community that I picked exception to
the exception and I do not approve of. Thank you very much.
11:20 P.M.-T7
Appl. No. [[239 _ MARGARET BEST AND ADYLYN SYVERSON.
This is a request for a variance under Article IliA, Section
100-30A.1 based upon the May 2, 199u~ Notice of Disapproval by the
APPEALS BOARD MEMBERS
Gerard P. Geehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Richard C. Wilton
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
SE~RA UNLISTED ACTION DECLARATION
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
May 20, 1994
Appeal No. 4247 Project Name: Hugh and Carol C0nr0y
County Tax Map No. 1000- 88-3-6
Location of Project: W/s Gin Lane, S0uth01d, NY
Relief Requested/Jurisdiction Before This Board in this Project:
Establish an Accessory Apartment
This Notice is issued pursuant to P~rt 617 of the implementing
regulations pertaining to ~-rticle 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 sh0u]d the project be i~lemented as planned,
and:
{ } this Board wishes to assume Lead Agency status and urges
coordinated written co~uents by your agency to be submitted with the next
20 days.
{~} this Board has taken jurisdiction as Lead Agency, has deemed
this Board of Appeals application to be an Unlisted SEQRA Action, and has
declared a Negative Declaration for the following reasons:
a. An Environmental Assessment has been submitted and evaluated, and/or
b. An inspection of the property has been made, or
c. Sufficient information has been furnished in the record to evaluate any
~ssible adverse affect of this project as filed, and/or
d. This application does not directly relate to new construction or
on-site improvements.
{ } this Board refers lead agency status to your agency since the
Board of Appeals does not feel its scope of jurisdiction is as broad as
the Planning Board concerning site changes and elements under the site
plan reviews. The area of jurisdiction by the Board of Appeals is not
directly related to site i~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.
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
August 22, 1994
Mr. Hugh L. Conroy
200 Gin lane
Southold, NY 11971
Re: Appl. No. 4247 - Special Exception (Accessory Apartment)
Dear Mr. Conroy:
I have reviewed your request for a side deck entry not to exceed
13 ft. by 10 ft. in size, rather than a 10 ft. by 10 deck entry, to
the proposed accessory apartment on the second floor.
Our office has no objection to this change in the size of the deck
entry, provided it not exceed the size requested.
Very truly you_r~s,
GERARD P. GOEHRINGER
CHAIRMAN
cc: Building Department
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
July 21, 1994
Mr. and Mrs. Hugh Convoy
200 Gin Lane
$outhold, NY 11971
Re: Appl. No. 4247 - Special Exception (Apartment)
Dear Mr, and Mrs. Conroy:
Please find enclosed a copy of the findinoo's and
determination rendered Thursday evening by the Board of Appeals
cencernlng your recent Special Exception application for an
accessory apartment.
Before commencing alteration activities for thi~ preject,
please return to the Buildlng Department for appropriate building
permit forms necessary for the new work. Also, when fillng the
additionnl documentation and an application with the Building
Department, please furnigh their office with a copy of this
determlnntion. An extra copy is enclosed for your cenvenience.
Very truly yours,
Linda Kowalski, Clerk
Beard of Appeals
Enclosures
Gerard P. Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Lydia A. Tortora
BOARD OF APPEALS
TOWN OF SOUTHOLD
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1809
MEMORANDUM
TO:
FROM:
DATE:
Jerry Goehringer, Department Head
September 15, 1995
SUBJECT: Hugh Convoy - Pending Building Permit for Accessory
Apartment
Attached is a handwritten note from Hugh Convoy addressed to you
indicating he has a Building Permit (#22876) pending which is needed
to complete the occupancy of the proposed Accessory Apartment. He
is expecting to finish the apartment within six months. (The builino~
permit does not expire until 1197, I understand).
Mr. Convoy is asking whether or not anything else is needed from
the ZBA while he is building the accessory apartment. We sent him a
~ominder that a Certificate of Compliance is required before the
occupancy of the apartment.
Please note your answer below and I will call Mr. Convoy (unless you
want to call Mr. Convoy directly. )
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Lydia A. Tortora
Mr. Hugh Conroy
200 Gin Lane
Southold, NY 11971
BOARD OF APPEALS
TOWN OF SOUTHOLD
September 11, 1995
SEP
........... ~/~ S0uthold Town Hall
53095 Main Road
RO. Box 1179
Sou~hold, New York 11971
Fax (516) 765- 1823
Telephone (516) 765-1809
Re: Special Exception for an Accessory Apartment - 1995 Renewal
This is formal request to determi-e whether or not iti')~ ~t;'d~
m you~ mmnuon
to effeemte ~e Spe~ Exeep~on use ~sued on 7-14-~ fo~ a proposed
aeeesso~ ,~rtment. ~
Pl~se corem whether or not you ~ve started const~efion
aecesso~ a~rtment, ~d ff not, to determine ~aso~ ~using ~e
At this ~e we a~ ~ques~ annu~ ~new~s for ~1 Apartment
~cepfio~ mo~ ~ 12 months old.
In order to update our file, please confirm whether or not you are
planning to have the proposed apartment in existence within the next six
months.
Once the apartment project has been completed, please send your request
for a Certificate of Compliance for the 'calendar year 1995 together with the
Town's required $25.00 fee with the enclosed application to the Building
Inspector's Office, together with your telephone number to arrange for an
inspection. (These documents may be mailed or submitted in person to the
Building Department. )
Upon receipt, an inspection will be arranged with you before the
Certificate of Compliance is issued. If, however, there is no interest in
your part in cempleting the accessory apartment project, please state your
reasons why on the bottom of this form, sign and return it to our office.
Please feel free to call either Claire or Georgia of the Building
Department at 765-1802, or our office, if you have any questions concerning
issuance of the Certificate of Compliance.
Enclosure
cc: Building Inspectors
Very truly yours
fla. . .~ ..d/.
· ~--~L~ /-..-.-'~,'c,,~,~.~-~.
P.
CHAIRMAN
Hugh Conroy
Owner(s) Name(s)
do(es) hereby state:
CONSENT
TO
INSPECTION
· the undersigned,
That the undersigned (is) (are) U~e owner(s) of the pr~m[ses in the Town
o[ Southold located at 200 Gin Lane, Southold,,,NY. 11971
· which is shown and designated on the Suffolk
County tax map as District 1000, Section 88 ,' Block 3 , Lot 6
That the undersigned (has) (have) filed, or caused to be filed, !an applica-
tion in the Southold Town Building Inspector's Office for the following: __
Occupancy of Accessory Apartment in Existing One'-Family Dwelling
(ZBA Application No. 4247 issued J. uly 14, I994).
That the undersigned do(es) hereby give consent to the Building Inspectors
of the Town of Southold to enter upon the above described property, including
any and all buildings located thereon, to conduct such inspections as they may
deem necessary with respect to the aforesaid application, including inspections
to determine that said premises comply with all of the taws. Ordinances. rules
and regulations of the Town of Southold.
The undersigned, in consenting to such inspections, do(es) so with the
knowledge and understanding that any hnformation obtained In the conduct of
such inspections may be used as evidence in subsequent prosecutions for vio-
lations of the laws, ordinances, rules or regulations of the Town of Southold.
lure)
Huqh T. Conroy
· ' ~si~fiature>
(print name)
Print Key Output
5738SSl V2R2M0 920925 SOUTHOLD
Display Device : DSP15
User : LINDAK
PLll0-41 W5
*INQ*
TOWN OF SOUTHOLD
PARCEL MASTER FILE INQUIRY
Address: GIN LANE , ~380
APN: 1000 88 3 6
Transaction Type:
Eff Date:
Description:
PMT 5 Exception:
7/10/95 Exp Date:
BP#22786-Z - ACCY APT
1/10/97
09/15/95
Parcel ID:
Page 1
09:45:04
9/15/95
9.44.47
7171
Cmdl-Prev Screen
Cmd7-End Job
APPEAI~ BOARD MEMBERS
Gerard P. Geehringer, Chairman
Serge Doyen, Jr.
James Dinizio, .Ir. !i
Robert A. Villa ~
~chard C. Writon
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
q~lephone (516) 765-1800
Pursuant to Article X/V of the Suffolk County Administrative Code, The
Board of Appeals of the Town of Southold, New York, hereby refers the following
to the Suffolk County Planning C~in~ssion:
XX
~Variance from the Zoning Code, Article , Section
Variance from Determination of Southold Town Building Inspector
Special Exception, Article III , Section lO0-30A.2B &lOO-31B(14)
~Special Permit
Appeal No:4247SE Applicant:Hugh & Carol Conr'o.y.
Location of Affected Land:380 Gin Lane, Southold, NY
County Tax Map Item No.: 1000-88_2_G
Within 500 feet of:
__ ·Town or Village Boundary Line
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 C~unty, 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
~opies of Town
Dated:
July
file and related documents enclosed for your review.
, 1994
Page 4 - Appl. No.
Application of HUGH AND CAROL CONROY
Decision Rendered July 14, 1994
occupy the balance of the dwe]ling or one (1) year from the date of
said demise, whichever shall first occur.
1) Thi.~ conversion shall be subject to inspection by the
Building Inspector and Renewal of Certificate of Occupancy
annually.
m) The 'existing bUilding which is converte~l to permit
this accessory apartment shall have a valid Certificate of
Occuapney issued prior to January 1, 1984.
n) The existing building, together with this accessory
apartment, shall comply with all other requirements of Chapter 100
(Zoning) of the Town Code of the Town of Southold.
o) This conversion for the accessory apartment shall
comply with all other rules and regulations of the New York State
Construction Code and other applicable codes.
2. The side entrance
platform area not exceeding
to the second floor;
shall, however, be limited to a deck or
a size of 10 ft. by 10 ft., plus stairs
3. The side stairway entrance and platform deck area shall
remain open and unroofed (or, in the alternative, a rear stairway
may be permitted instead of at the side location for the stallm);
4. There shall be no other outside stairway for either ,,nit,
other than the single outside stairway requested.
5. Thi~ conversion shall be subject to inspection by the
Building Inspector and renewal of a certificate of occupancy and/or
certificate of compliance annually, with a written notice furnlghed
to the Chairman or Clerk of the Board of Appe~l~ for updated,
recerdkeeping purposes.
Vote· of the Board: Ayes: Messrs. Goehringer, Doyen,
Dinizio, and Wilton. (Nay: Member Vill~ - felt that thi.~ project
was ag~in.~t the character of thig planned cemmunity and established
development. ) Thi~ resolution was duly adopted (4-1).
/¢11~- 4 1994 ./J!i
INSTRUCTIONS
Special Exception Application for
"Accessory Apartment" Use in Existing Dwelling
PLEASE SUBMIT THE FOLLOWING IN ONE COMPLETE APPLICATION PACKAGE
(within five days of postmarked date on certified mail receipts,
paragraph 2):
Application Form, typed or neatly printed, in triplicate.
{Your application will be read during the hearing.}
Include the following information:
House N~er, Street. H~mtet, Subdivision Name and
Subdivision Lot Number (if any), County Tax Map
District, Section, Block, Lot N%ur~ers.
Indicate Zone District (from Town Zoning Map).
Include current owner's name and address (if different
from applicant}, if applicant is not one of the owners,
you must furnish written authorization to act as the
owner's agent, and disclosing your interest and any
other individuals having an interest in the subject
property.
2. "Notice to Adjoining Property Owners" Form, as follows:
e
a. Please confirm current adjoining property owners' mailing
addresses with Assessors Tax Rolls (include private
roads, if any).
b. Send one copy of this form to each adjoining landowner
abutting all sides of your property by CERTIFIED MAIL.
c. Return one original completed form with original post-
marked Certified Mail receipts to reverse side.
{Affidavit of Mail on reverse side must be completed
before filing.}
Please complete and sign the Short "Environmental Assessment"
questionnaire and ZBA questionnaire forms.
Submit one copy of Certificate of Occupancy of existing land
and structures issued before January 1, 1984,together with a
copy of the current Deed of the premises showing proof of owners
who will be residing in the dwelling after the Accessory
Apartment would be established.
An original and six prints {total 7} of building plans of
existing dwelling certified by an architect or engineer
certifying:
e
ae
square footage of dwelling floor area to remain
(not less than 1600 sq. ft. as of 1/1/84); and
livable floor area of proposed apartment {must be not
less than 450 sq. ft. and not more than 40% of existing
dwelling floor area}; and
alterations shall be only over existing foundation.
Original and six (6) prints {total 7} of survey showing all
setbacks of existing structures and uses.~f all structures~
together with parking area with at least three spaces
(minimum 10 ft. x 20. ft. for each space).
· $400.00 filing fee (payable to Southold Town Clerk). Please
either mail or drop off your application forms. Your filing
receipt will be mailed later to you after review and
acceptance.
After receiving your application package, your docUments will be
reviewed and your filing receipt and notification will be sent to you
by mail confirming the expected date and time of the public hearing
(at which the property owner {and/or authorized agent, if any} will be
required to attend). Please feel free to call us at 765-1809 if you
have any questions concerning this process.
lk 8/1/88
~ev. 2/14/91
TOWN OF SOUTHOLD, NEW YORK
ACCESSORY APARTMENT
APPLICATION FOR SPECIAL EXCEPTION
TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK:
Application No.
Date Filed:
I (We), of
House No. and Street
(Hamlet, State, Zip Code)
hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with
the ZONING ORDINANCE, ARTICLE , SECTION , SUBSECTION
for the below-described property for the following uses and purposes:
as shown on the attached plan drawn to scale.
A. Statement of Ownership and Interest.
is (~re) the owner(s) of property
, Block ,
~p of
).
known and referred to as
(House No., Street, Hamlet)
ident.ified on the Suffolk County Tax Maps as District 1000, Section
Lot , which is (is not) on a subdivision map (Filed
"F~led Map--~--N-~.
The above-described property was acquired by the owner on
B. The applicant alleges that the approval of this exception would be in harmony with
the intent and purpose of said zoning ordinance and that the proposed use conforms to
the standards prescribed therefor in said ordinance and would not be detrimental to
property or persons in the neighborhood for the following reasons:
C. In addition to meeting the standards prescribed by the zoning ordinance, the
following requirements will be met:
1. The accessory apartment will be located only in the principal building.
2. The owner of the existing dwelling will occupy one of the dwelling units
as the owner's principal residence. The other dwelling unit which is
part of this application shall be leased for year-round occupancy, evidenced
by a written lease for a term of one or more years, which will be filed
annually.
3. The existing one-family dwelling shall contain not less than sixteen-hundred
(1,600) sq. ft. of livable floor area.
(continued on page two)
Application for Special Exception
Page Two (continued)
4. The accessory apartment shall contain not less than four-hundred fifty
(450) square feet of livable floor area.
5. The accessory apartment shall not exceed forty (40%) percent of livable
floor area of the existing dwelling unit.
6. A minimum nf three off-street (on-site) parking spaces shall be provided
as shown on the attached plan.
7. Not more than one (1) accessory apartment will be on this parcel.
8. The accessory apartment will meet the requirements of a dwelling unit as
defined in Sention 100-13 of the Zoning Code.
9. The exterior entry to the accessory apartment has not changed the existing
exterior appearance of a one-family dwelling.
10. All exterior alterations to the existing building, except for access to
the apartment, is made on the existing foundation as shown on the attached
plans.
ll. I understand that the Certificate of Occupancy will terminate 'upon the
transfer of title or upon the owner ceasing to occupy one of the dwelling
units as the owner's principal residence; and that in the event of the
owner's demise, the occupant of the accessory apartment may continue in
occupancy until a new owner shall occupy the balance of the dwelling or
one (1) year from date of said demise, whichever shall first occur.
12. This conversion shall be subject to inspection of the Building Inspector
and Renewal of Certificate of Occupancy annually.
13. The existing building which is converted to permit this accessory apartment
has been in existence and has a valid Certificate of Occupancy issued prior
to January 1, 1984, and attached hereto.
14. The existing building, together with this accessory apartment, shall comply
with all other requirements of Chapter 100 of the Town Code of the Town of
Southold.
15. This conversion for the accessory apartment shall comply with all other
rules and regulations of the New York State Construction Code and other
applicable codes.
The property which is the subject of this application is zoned and
[ ] has not changed since the issuance of the Certificate of Occupancy attached.
[ ] has changed or received additional building permits', and Certificates of
Occupancy for these changes are attached or will be furnished.
COUNTY OF SUFFOLK)
STATE OF NEW YORK) ss.:
(Signature)
Sworn to before me this day of
,19
(Notary Public)
ZB5 2/6/86
(h)
$OUTIIOLD CODE § 100-121-
§ 100-121 ZONING § 100-122
(i) Whether a hazard to life, limb or proper~y because
plot. {Amended 7-31-73]
§ 10f1-122. Additional eo,,ditions and safegu.rdm.
In de¢idin~ any matter her, re it. the Board of .XD~Ms may
appropriale to presage and protect the spi~t and ~ he nbj~'cive~ ul
this chaoter.
TYPE OF USE
Accessory aoartment in existinq
Auditorium, meetin? hall
Bank
Bed and breakfast enterorise
BoardlnQ house, tourist house
Boatvard. includinc] boat sales and
Bowlin? Lane
8uildino. electrical or olumbinc~
College
Conference facilities
FOo__. orocessin? and packac, n?,
REQUIRED NUMBER OF PARKIH(~ SPACES
~-O..ne,oer accessory aoartment in addition
One oer 250 s~uare feet of sales area.
One o'er SO square feet of seatino
One soace ac? ?uest room in actdition to
One Space oer 250 square feet of ~.ross floor
Thre~ spaces or one oer 800 square feet
~'f qross liner ,)rea.
-64-
APPF_~I .~ BOARD MEMBERS
Gerard p. Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
· Richard C. Wilton
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 1179
Seuthold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
Other Documentation which is recommended to be submitted in the initial
step of Application or as soon thereafter'as possible, and prior to
field inspections by the board members:
~lost current survey showing all existing structures
Copies of current deed.
copies of deeds showing legal access to the premises if along a private
right-of-way.
Accurate surveys certified by a licensed engineer or surveyor showing
the actual legal right-of-way and the actual traveled width and
length (and meandering outside its perimeter if any).
If it is unknown as to whether there have been prior variances or other
town approvals,.please provide current Owner name and precedents of
record as close %o 1957 as possible.
If approvals have recently been'received by the Planning Board, TJwn
..Trustees, and'any 6~6P a~6ficy, please furnish copies for our
file Rrior to the public hearing .dat~.
When'notification is sent to adjacent/adjoining property owners,'please
be sure to notify those surrounding the property (and the right-of-
way in question~if any). Those names and addrqsses must be confirmed
with the Assessors as-shown on the current tax assessment rolls.
Any other parcels.contiguous to the subject variance parcel must be shown
oh-the survey since it ~ay be part of-the same rather than a
separate parcel, particularly subdivisions.
PhOtographs are extremely helpful of bulkhead and landward area.
(as well as proposed).
COUNTY OF SUFFOLK
RECEIVED
DEC 1 lggt
$outhold T~,,.~
December 10, 1991
MEMORANDUM
TO:
FROM:
Suffolk County Town and Village Planning Boards
Suffolk County Town and Village Clerks
Arthur H. Kurtz
Directo~
Fees for Review of Zoning and Subdivisiom Actions and
Applications
Suffolk County's current financial situation has led the legisla-
ture to adopt Resolution #809-1991 which authorizes fees for certain
actions and applications submitted to the offices of the Suffolk County
Planning Commission.
As of January 1, 1992, zoning~ and subdivision~ actions and
applications requiring significant review will be subject to a $50 fee
for each zoning action and $25 per lot for each subdivision application.
Actions on a Town or Village motion will be exempted from the fees.
Please notify all applicants subject to County review of the requirement
of County processing fee. This office'will bill the applicant directly
once the need for significant review is determined.
AHK:pd
cc: Gerald Newman
Frank Dowling
Lucille Gardella
8~0~ L~neol~hi~e Dr.
~ou%~old Tn~,~ Poard ~f
~0~ Mai~ ~.
~ro~erty ]neared a* ~00 ~ L~o, ~ou*~ol~, o...me~ by
~umb a~ Ca,rtl Co~rn~, i~ bei~ considered for
~s a ~n~er~ o~,~er T ~el ~i~ conversion wou~d be
~e+r~enta~ t~ nr~r+v valu~ a~ I-~u~+ ~ on record: that
I ~tre~ous]v ob J~e+.
meade c~Ider ~l~ nnfn%s Yefpre y~-u ~ake y~ur
d~ to
ROBERT G. ERATH
P.O. Box 89
Southbury, CT 06488
(203) 262-6339
BOARD OF APPEALS, TOWN OF SOUTHOLD
Subject: Conroy Petition for Special
Reference: Notice dated 5/18/94
Exception
Gentlemen:
May 27,1994
I am in receipt of a notice of a petition to the Board of Appeals
for a Special Exception. The appeal is from Hugh and Carol Conroy
of 200 Gin Lane, SouthoId, NY 11971 and it is for the purpose of
converting the second floor of a Cape Cod house into a separate
apartment.
As the owner of the adjacent property, I hereby inform you of my
strong opposition to the petition.
1. This property is in Zone R-40, a residential zone. There are no
other apartment houses or 2 family houses in this community.
2. The proposed deck and stairway to the second story does not
conform to the architecture of the house. It will cheapen the appear-
ance of this beautiful house. Since it will be on the northern end
of the house, exposed to public view, it will look terrible.
3. The requirement for additional parking will also cause a major
change in the character of the area. There is a pond here and the
property has been carefully landscaped. A parking lot with pickup
trucks and cars al1 over will destroy the beauty of the neighborhood.
4. This house is in Bay Haven Estates, a community of homes whose
owners take great pride in their homes. It strikes me as highly
unfair to saddle these good people with a non-conforming house in
their area.
For these reasons, I ask you to deny the petition and thereby
allow Bay Haven to keep its rural charm. Thank you.
Very truly yours,
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter or the Petition of :
/:
to the Board of Appeals of the Town of Southold
TO:
NOTICE
TO
ADJACENT
PROPERTY OWNER
YOU ARE HEREBY GIVEN NOTICE:
1. That it is thegn of the undersigned to petition the Board of Appeals of the Town of Southo d
to request a (Variance) [L~.pecial Exceptio0 (Special Permit) (Other) [circle choice}
f-o, ~ scc~-~ ~e,~,cr ~ ~ '~x,~5 ~hn5 I.
property whi~ is the subiect of the Petition i~ adiacent to your property and is des-
cribed as follows: ~L~T )
3. That the property which is the subje,ct of such Petition is located in the following zoning district:
such Petition, the undersigned will request the following relief:
$. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the'tlnder-
signedare Article ---~- ?% Sect/on ]c~-- '3o.~,~--'~ ~'~.~ foo~-~/l~-/~
[ ] Section 280-A, New Yorl~ 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 Southotd Town Clerk's Office at Main Road Southold New York and you may then and there
examine the samedur ng regu ar 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 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.
Petitioner
Owners' Names: FP~ k T,'~- Cv~-~L L . 0o~/&~77
Post Office ~ddress
Tel . No. ( St~ ) 76 s'-~ ( 17 ~ ~
f
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
May 24, 199u,
Southold Town Hall
53095 Main Road
P.O. Box 1179
5outhold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1809
TO:
RE:
Applicants
Public Hearings - June 8, 199L[
Dear Sir or Madam:
We are in receipt of your recent application: under the Southold~ Town'Zoning
Ordinance and have forwarded notice for publication this week to the,local and
official newspapers of the. Town. to wit: Long Island Traveler and' Suffolk
Times.
Copies of your file have been distributed to the .Board Members for additional
review, and individual on-site inspection; expected within-the next 10 to
days. If you have not already staked the proposed new construction, we
ask that you please do so immediately.
It is requested that one of the property owners, or if the ~ property owne~, is
not available~ then someone,fully familiar with the property, appear .at the
public hearing-at, the time specified in the attached Legal Notice. If your
presentation, should be lengthy, a draft or final written copy is always
appreciated. You should feel free to submit additional documentation to
support this application.at any time before, or during, the-public hearlng;
Please do not hesitate to call our office if you have questions concerning
your application or related matter.
Yours very truly,
Linda Kowalski
Clerk, Board of Appeals
Enclosure
Copies of Legal Notice~ent to the following 5/24/94:
Cynthia Sytruk and Kim Fallon
55 Harbor View Avenue
Mattituck, NY 11952
Mr. and Mrs. Alex Wipf
940 West Creek Avenue
Cutchogue, NY 11935
LKC Corp.
P.O. Box 843
Jamesport, NY
11947-0843
Mr. and Mrs. George Tsavaris
2170 The Strand
P.O. Box 385
East Marion, NY 11939-0385
Dr. Joseph Lizewski
Depot Enterprises, Inc.
320 Depot Lane
Cutchogue, NY 11935
Mr. and Mrs. Sanford'Hanauer
4105 Soundview Avenue
P.O, Box 281
Mattituck. NY 11952-0281
Attn: Keith
Keller-Sandgren, Associates
10 Mineola Avenue
Roslyn Heights, NY 11577
Mr. James Fitzgerald
P.O. Box 617
Cutchogue, NY 11935-0617
Moore's Lane Holding Corp.
P.O. Box 1143
Cutchogue, NY 11935-1143
Patrlcia C. Moore, Esq.
P.O. Box 23
Westphalia Road
Mattituck, NY 11952-0023
Mr. and Mrs.
380 Gin Lane
Southold, NY
Hugh T. Conroy
11971
Dr./Mrs. Robert Hariri
61 Lafayette Avenue
Chatham, NJ 07928
Scheffs Trust
3100 Soundvlew Avenue
Mattituck, NY 11952
M/M Demetrio Laveglia
97-24 116th Street
Richmond Hill, NY 11419
Copies to TB, BD, PB, TA Departments
APPEALS BOARD MEMBERS
Gerard P. C-cehringer, Chairman
Serge Doyen, Jr.
Jam~s Dinizio, Jr.
Rober~ A. Villa
Richard C. Wilton
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
UNLISTED ACTTON DECLARATTON
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
~ay 20, 1994
Appeal No. 4247 Project Name: Hugh and Carol
County Tax Map No. 1000- 88-3-6
Location of Project: W/s Gin Lane, $outhold, NY
Conroy
Relief Requested/Jurisdiction Before This Board in this Project:
Establish an Accessory Apartment
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~z~ents by your agency to be submitted with the next
20 days.
{ } 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 Environmental Assessment has been submitted and evaluated, and/or
b. An inspection of the property has been made, or
c. Sufficient information has been furnished in the record to evaluate any
possible adverse affect of this project as filed, and/or
d. This application does not directly relate to new construction or
on-site improvements.
{ } this Board refers lead agency status to your agency since the
Board of Appeals does not feel its scope of jurisdiction is as broad as
the Planning Board concerning site changes and elements under'the site
plan reviews. The area of jurisdiction by the Board of Appeals is not
directly related to site improvements or new buildings. (However, if you
do not wish to assume lead agency status within 15 days of this letter, we
will assume you have waived same, and we will be required to proceed as
Lead Agency.)
For further information, please contact the Office of the Board of
Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809.
APPEALS BOARD MEMBERS
Gerard R C-cehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Richard C. Wilton
Telephone (516) 765-1809
BOARD OF APP~kI~
TOWN' OF SOUTHOLD
FINDINGS AND DETERMINATION
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
Appl. No. 4161 SE.
Application of BARBARA KUJAWSKI. Request for a Special
Exception as provided by Article III, Section 100-31B(14) for
approval of existing Accessory Apartment use in conjunction with
owner's residency in the existing principal building dwelling
structure. Location of Property: 125 (House No. per Town
Records) along the north side of Sound Avenue which parcel
commences at a point approximately 51 feet east of the
Riverhead-Southold Town Boundary Line, extending 195.18 feet
along Sound Avenue, Mattituck, NY; County Tax Map Parcel No.
1000-120-1-2.2. This property consists of an area of 40,241 sq.
ft. and is located in the Agricultural-Conservation (A-C) Zone
District.
WHEREAS, public hearings were held on September 20, 1993,
February 2, 1994 and March 2, 1994, at which time all persons
were given an opportunity to be heard and their testimony
considered; and
WHEREAS, the Board has carefully considered all testimony
and documentation submitted concerning this application; and
WHEREAS, the Board made the following Findings of Fact:
1. By this application, appellant is requesting a Special
Exception to the Zoning Ordinance, Article III, Section 100-31B,
Subsection 14, for approval of an "as built" Accessory Apartment
in the existing principal building as more particularly shown on
the sketched map and floor plan submitted under this applica-
tion.
2. The premises in question is located in the "A-C"
Agricultural-Conservation Zone District and contains a total lot
area of approximately 40,241 sq. ft. and 200.0 ft. frontage
along the northerly side of Sound Avenue.
3. The subject premises is improved with a one and
one-half-story framed dwelling structure and detached garage.
The setbacks of the principal building footprint are shown to be
66.4 feet in the front yard, 24+- feet to the easterly property
Page 2 - March 2, 1994
Matter of BARBARA KUJAWSKI
Appl. No. 4161 - Special Exception
line, and 95+- feet to the northerly property line, all at their
closest points.
4. A copy of the current deed has been made a part of the
record which shows that the 40,241 sq. ft. was split from a 4+
acre parcel, as conveyed by John Kujawski, Jr. and Raymond
Kujawski to John Kujawski, Jr. and Barbara Kujawski on
December 21, 1976. Although no record of town subdivision
approval was issued in 1976 concerning the previous division of
land, the Town Planning Board. has agreed, by letter rather than
by formal application, to accept the parcel as exists with
40,241 lot area and 200 ft. lot width for the reason that the
lot complies with the 1976 code requirements pertaining to lot
size.
5. The subject "Accessory Apartment" is shown to be at 509
square feet of livable floor area on the first floor level. The
remaining floor area to be retained as the principal
single-family residence of the owner, Barbara Kujawski, is
2737+- square feet. This proposal meets the requirement of
subsection (d) which requires the accessory apartment not be
less than 450 square feet of livable floor area, and subsection
(e) which requires that the livable floor area of the remaining
unit be not less than 60 percent of the total dwelling, as
exists.
6. Article III-A, Section 100-30A.2(B-1) <ref. Article
III, Section 100-31B(14)>, permits such use only as an accessory
to the residency of the owner in the subject dwelling, and
further subject to conditions (a) through (q). It is noted for
the record that a Preexisting Certificate of Occupancy was
issued under No. Z-22162 indicating that the building
"...substantially conforms to the requirements of a single-
family dwelling built prior to April 9, 1957" as applied.
7. Since the applicant would be permitted up to five
occupants: three for the existing dwelling and two for the
accessory apartment, then five (5) parking spaces must be
provided on this site in a manner which would prevent backing
out onto the highway or right-of-way access areas.
8. It is the position of the Board Members that all the
conditions and standards established by the zoning code for an
accessory apartment are satisfied and acceptable as applied.
9. In considering this Special Exception application:
(a) the Board has given consideration, among other things, to
Sections {A} through {P} as provided by Article X~VI, Section
100-264 of the Zoning Code; (b) the Board has determined that
the use requested will not prevent the orderly and reasonable
Page 3 - March 2, 1994
Matter of BARBARA KUJAWSKI
Appl. No. 4161 - Special Exception
use of adjacent properties or of properties in adjacent use
districts; (c) it is determined that the use will not
adversely affect the safety, welfare, comfort, convenience or
order of the town - provided all other rules and regulations are
complied with at all times; (d) the use is in harmony with and
will promote the general purposes and intent of zoning.
Accordingly, on motion by Member Villa, seconded by
Chairman Goehringer, it was
RESOLVED, that the request for a Special Exception
establishing an "Accessory Apartment," as built, in the Matter
of BARBARA KUJAWSKI, under Appl. No. 4161, BE AND HEREBY
IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS:
1. Compliance at all times with Subsections a thru q of
Section 100-31B(14), Article III, of the Zoning Code.
2. There shall, however, be no outside stairwells for
either unit <only an interior stairs or other interior access
for entering or exiting the residence> as required by Subsection
(i) of Section 100-31B(14).
3. This conversion shall be subject to inspection by the
Building Inspector and renewal of a certificate of occupancy
and/or certificate of compliance annually, with a written notice
furnished to the Chairman or Clerk of the Board of Appeals for
updated, recordkeeping purposes.
Vote of the Board: Ayes: Messrs. Goehringer, Dinizio,
Villa, and Wilton. (Member Doyen was absent due to current
major storm conditions.) This resolution was duly adopted.
lk
GERARD P. GOEHRINGER, CHAIRMAN
JUDITH T. TERRY
TOWN CLERK
REGISTI~R 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:
Southold Town Zoning Board of Appeals
FROM: Judith T. Terry. Southold Town Clerk
DATED: May 20. 1994
RE:
Zoning Appeal No. 4247 - Hugh T. and Carol L. Conroy
Transmitted herewith is Zoning Appeal No. 4247 of HUGH T. AND
CAROL L. CONROY for a special exception. Also included is:
Notice to Adjacent Property Owners; Short Environmental Assessment
Form; ZBA Questionnaire; copies of survey; plans; copy of deed;
copy of lease agreement; and copy of Certificate of Occupancy
Nonconforming Premises, dated September 9, 1987.
Judith T. Terry
Southold Town Clerk
Appendix C
Staid Envircnmental Ouallty Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONs Only
PART I~pROJECT INFORMATION (To be completed by AD~l~cant or Project
SEQR
10. CCES ACTION t~IVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTU~tATELY FROM ANY OTHER GOVERNMENTAL AGENcy
":TARE OR LOCAL}?
~el -- ~tlo If yes, iisi a '"
I]. 00ES At~Y ASPECT CF THE ACTION HAVE A CURRENTLy VALID PERMIT OR APPROVAL?
(¢°~ti~ued o~ ~eFe=se sic~e)
(b) If any question has been answered Yes the project may be sig-
(c) If ali questions have been '
pro]cc: ia not Significant. answered NO it is likely tha~ the
1. Will project result in a larce Physical chan=e
2. Will there be a major change to any Unique or
4. Will project have a Potentially large imuac~ on
5. Will project signlficantl? effect drainage flow
7. Will project result in a ma]or adverse effect on~¥es '
alt qua£ic??
8. Will project have a major effect on Visual char-' Yes ..o
10. Will project have a m~jor effect on exiutinq or"
12. Will prO,Oct regularly cause objectionable odors,
13. ~ill PrOject have eny ~mpact on publ£c health
14. I~ill project affect the eMi=ting communit? by
QUESTIONNAIRE
FOR FILING WITH YOUR Z.B.A. APPLICATION
A. Please disclose the names of the owner(s) and any other
individuals (and entities) having a financial interest in the
subject premises and a description of their interests:
(Separate sheet may be attached.)
B. Is the -subject premises listed on the real estate market for
caldor being shown to prospective buyers? { ] Yes
{'u/} No. (If Yes, please attach copy of "conditions" of sale.)
C. Are there,~ny proposals to change or alter land contours?
{ } Yes {w~ No
1. Are there any areas which contain wetland grasses? ~Q
2. Are the wetland areas ~hown on the map submitted with
this application? ~
· 3. Is the property bulkheaded between the wetlands area and
· the upland building area? ~
4. If your property contains wetl'ands 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 cqnstruction at or below five feet above mean sea
level? ~l ~ (If not applicable, state "N.A.")
F. Are there any patios, concrete barriers, bulkheads or fences
which exist and are not Shown on the survey map that you are
submitting? ~o ~ If none exist, please state "none."
G. Do you have any construction taking place at this time
concerning your premises? ~-- 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? ~O If yes, please explain where or submit copies
of deeds.
I. Please ~lis~ present use or oRerations conducted at this
parcel . ~t~-l~?- ~l..!~
Auth°rlzed Signature and D~te-'
3/87, 10/901k
DISTRIC~
1000
SECTION
088.00
BLOCK
03.00
006. 000
10689.
C~ONSULT YOUR I.~WYER BEFORE SIGNIHG THIS INSTRUMENT · THIS INSTRUMENT SNOUJ,O BE USED BY LAWYERS ONLY
o/77a'
~!5 INDEN~RE, made the 30th day 0f August ' . ninetee~hundred and eighty-ei~t
BETWEEN
JEAN W. E~ATH, residing at (No#) Gin
Southold, New York 11971 __e,
party ofthe first part, and
T. ~on 5
HUGH~.~ and ~kCClqt~Y, l~-~s wife, both residing at 161
Bell~ Harbor, New York 11694
REAL ESTATE
SE'P I3 1988
TRANsI'£R TAX
SUFFOLk .
party of the second part.
WlTNF_~SETH, that the party of the first part, in consideration of ten dollars and other valuable consideration
paid by the party of the second part, does hereby grant and release tmto' the ~tttr'oF'tlte"second part, the heirs
or successors and assigns of the party of the second part forever,
ALL that certain plot, p~ece or parce~ of land, with the buildings and imp~vements there~n erected situate
lyingand beingin ~e at Bayvxew, Town Of So~thol~d~,~.C~ty~'of 'S~ffolk and
State of~New York, bounded and described ~s~:6'~b~?~
BEGINNING at a point in the westegl'y Si~']"6f,'~Gin Lane (a
private land 50 feet in width) distal% ~so~th~'i~ ~0 feet, from the
c~rner formed by the intersectioh~-of-,said~weste~y~S~de, of Gin Lane ,
.~w~th the southerly side of Main Bayview Road;~:~ ~ ~4 :~ '
RUNNING THENCE along said westerly ,of Gin Lane, South 37
degrees 54 minutes 10 seconds West 300'~fe~~ ~6r%t~nd~ of William
r'Wells ;. ~'~'~ ~s~:~'~ .
THENCE along land last mentioned North, 52 degrees 05 minutes 50
seconds West 141.68 feet to land~f0~erly%0~ Mason Bros;
THENCE along land formerly Off,Mason Bros. North~.38 degrees 42
,minutes 40 Seconds East 300.03 feet to other la~f~Wi~am Wells;
~ THENCE along land last ment~0n~d South 52 ~grees"- -05 m~nutes 50
'~/se~onds rEast'137~45 feet to the W~G~rly side of Gin Lane at the
~-~p~n% ~or ~'pla~e of beginning. ' ".'"-:' ~
The above described premises being also described as the
northerly part of lot number 2 on a~'~e~ain~map*:en~itled, "Map of
Bay Haven at Southold, Suffolk County, New York"~°~Urveyed December
10, 1958 by Otto W. Van Tuyl & Son, Licenses Land ~rveyors,
Greenport, New York, and which map was filed in %he~ Office of the
Clerk of the County of Suffolk on the 22nd day of January 1959 as
Map No. 2910. ~
BEING AND INTENDED TO BE the same premises ~eonveyed to the
grantor herein by Deed dated 2/24/81 and re~orded in the Suffolk
County Clerk's Office on 3/3/81 in Liber 8967 page 297.
,TOGETHER with all right, title and interest, if any, oi therI~'r~y of the first part in and to any streets and
roads abutt ~g the above descr bed prem scs to t,e center acs'thereof TOGE,THER~w t ~ the appurtenances
and all the, estate and rtghts of the party of the first part in' and to,,;sa~,ipremlsi~s,:~T,O HAVE AND TO
HOLD thc premises herein granted unto the party of, the second part}.the~he![~ o,rLsuccessors.and assigns of
thc party of the second part forever.
AND the party of the first part covenants that the party 6{-the' fir~'t p~ ~ ~ done or suffered anything
whereby the said premises have been encumbered in any way whatever, except as aforesaid.
AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of
the first part will receive the consideration for this conveyance and will hold the right to receive such consid-
eration~ as a trust fund to be appliedvfirst for the purpose of paying the cost of the improvement and will apply
the same first.tothe p~yment of the cost. of the,improvement before using any part Of the total of the same for
an~ otb, er purpose. ~! ...' -
The word par,fy ".'sh~-ll"~)e consttned as if it read "parties" whenever'fhe'sense of this indentpre so requires·
IN W! .T~_ KS~ WHEREOF, the party of the first part bas duly executed this deed the day and year first above
written. - -
IN PRESENCE OF:
STA~IL~O~ OF~- SS,
personally ~ame
~<!![, Jean W. EraLh
to me known%t~'"~ the~.md~wdual described in and who
executed the fore, i nff~msimment and acknowledged that
~ ex~cut~d ~me,
STATE OF NIW YORK, COUNTY OF SS:
On the day of 19 . before me
I~'rsonally came .
to me known, who, be, lng by me duly sworn, did depose and
say that he i&~ides at No
that he is the
of
· the corporation described
in and which executed the foregoing instrument: that he
knows the seal of said corporation: that the seal affixed
to said instrument is such corporate seal; that it was so
a~fixed by order of the board of directors'of said corpora-
tion. and that he signed h name thereto by like order.
, . .
INS~CB ~ ~OMPA~
On the day of
personally came
,OUNTYOF''
19 . before me
to me:~known to be.th'e~.,{h~fl{'id~,{~escrlb~d in and who
executed' the for~tgOtng thstri~m~fit, and acknowledged that
executed the same2::,
,, !~ ~?~,-.;~,
STAT! O1~ NEW YOLK, C0U~'i~Y '~ '~<~* n .... SS:
On the day of 19 , ~fore me
personally ~me .
the subscribing witnesa~to t~e. fore~mg~i~stmment, with
whom I am ~r~nally' acq~mted,~ho, ~npgby me duly
sworn, did de.se and ~y. that, ~ldei at No
that he'knows ""
to b~ the individual
described in and who executed the foregoing instrument;
that he, said subscribing witness, was present and saw
execute the same I and tliat he, said witness,
at the same time subscribed h name as witness thereto.
O~
TO\~...JF'$OUTtlOLD
OFFICI". OF BUILDING INSPECTOR
TOWN IIALL
SOUTIIOLI), NEW YORK
CI5 ~ [ I1 I(.ATI~ OF OCCUPANCY
NONCONI"ORk lNG PREMISES
Tills IS 'FO CI21:[TIFY that the
/~/ I,:.'~d Pre C.O. I~= Z-16148
/-~/ l;t il,.lin~.[s) Date- September 9. 1987
I-i II: c(s) /
lr, cated at 200 Gin Lane [L Southold, Ne~ York ~
Street / llamlet
::h~,v,'n (m (:,unty tax map rts l')i:;trict 1000, .Section 088 ; Block 03
I,ot 6 . does(not)conform to the present Building Zone Code of the
Town of Southold fox' the following reasons:
Insufficient total area; rear setback of shed
On th,.- basi:~ of information presented to the Building Inspector's Office,
it has been determined that the above nonconforming /~/Land l-X/Building(s)
Use(s) existed on the effective date the present Building Zone Oode of:~the
o,..,n of .<.;outho!d, and may be ¢ontin',md pursuant to and subjeet to the appll-
caolc pt'ovisions of said Code.
{'i' IS r bR'l dial CERTIFIED that, based upon information presented to
the Building Inspector's Office, the occupancy and use for which this Cer~.ifi-
cate ia i:w;ued is ns follows: Property contain* 1~ *tory, one fam~.ly,, wood framed
dw,elling; addition permit //13273Z/CO Zl60801 acce$$or~ Bhed[ pondi;all sieunted in
'A' Residential Agricultural zone, with access to Gin Lane.r-
(owner, 1[~'$$ ~x~A~x
'Fl:r) Crt tificat¢: in issued to
of ti,r? ;:f,,;',.s:Hd I)uildinff.
St fleA: County Department of llealth Approval
N/A
N827277
N¢~I ICl., IS l{[.,ltkI,h GI\'I".N that the owner of the ab6've premises I'L65
NCYI' t ().,SI:,N ti',,) '1'() AN INSI"I';CTION of the premises by the Building Inspec
for to dc ,cz r~.lnc it' the pr ctnt.,cs comply with all applicable codes and ordin-
:lllcts~;, other than tl~e l~uilding Zone Code, and therefore, no Such inspection
..u:; Ile'.':t crm.'luctcd. This Certificate, therefore, does not, intended
to certify that th~ pr¢:mise.~; comply with all other appl and re.zula-
LEASE AGREEMENT
The Landlord and Tenant agree to lease the Apartment at the Rent and for the Term stated on these terms:
LANDLORD: TENANT:
Address for Notices ........................................................................
Apartment (and terrace, if any) .................... at .....................................................................................................................................
Lease date: Term ............................................................ Yearly Rent $ ........................
............................................ 19 ........ beginning ........................................ 19 ........ Monthly Rent $ ........................
ending ............................................ 19 ........ Security $ ........................
Broker~
The Apartment must be used only as a private Apartment to live in and for no other reason. Only a party signing
this Lease and the spouse and children of that party may use the Apartment.
2. Failure to give possession
Landlord shall not be liable for failure to give Tenant possession of the Aparl~nent on the beginning date of the Term.
Rent shall be payable as of the beginning of the Term unless Landlord is unable to give possession. Rent shall then be pay-
able as of the date possession is available. Landlord will notify Tenant as to the date possession is available. The ending date
of the Term will not change.
3. Rent, added rent
The rent payment for each month must he paid on the first day of that month at Landlord's address. Landlord need
not give notice to pay the rent. Rent must be paid in full and no amount subtracted from it. The first month's rent is to be
paid when Tenant signs this Lease. Tenant may be required to pay other charges to Landlord under the terms of this Lease.
They are to be called "added rent." This added rent is payable as rent, together with the next monthly rent due. If Tenant £ails
to pay the added rent on time, Landlord shall have the same rights against Tenant as if Tenant failed to pay rent. Payment
of rent in installments is for Tenant's convenience only. If Tenant defaults, Landlord may give notice to Tenant that Tenant
may no longer pay rent in installments. The entire rent for the remaining part of the Term will then be due and payable.
4. Security
Tenant has given Security to Landlord in the amount stated above. If Tenant fully complies with all of the terms of this
Lease, Landlord will return the Security after the Term ends. If Tenant does not fully comply with the terms of this Lease,
Landlord may use the Security to pay amounts owed by Tenant, including damages. If Landlord sells or leases the Building,
Landlord may give the Security to the buyer or lessee. Tenant will look only to the buyer or lessee for the return of the Security.
Landlord will supply: (a) heat as required by law, and (b) hot and cold water for bathroom and kitchen sink. Stop-
ping or reducing of service(s) will not be reason for Tenant to stop paying rent, to make a money claim or to claim evic-
tion. Damage to the equipment or appliances supplied by Landlord, caused by Tenant's act or neglect, may be repaired by
Landlord at Tenant's expense. The repair cost will be added rent.
Tenant must pay for all electric, gas, telephone and other utility services used in the Apartment and arrange for them
with the public utility company.
Landlord may stop service of the plumbing, heating, elevator, air cooling or electrical systems, because of accident,
emergency, repairs, or changes, until the work is complete. If unable to supply any service because of labor trouble, Govern-
ment order, lack of fuel supply or other cause not controlled by Landlord, Landlord is excused from supplying that service.
Service shall resume when Landlord is able to supply it.
6. Furnishings
If the Apartment is furnished, the furniture and other furnishings are accepted "as is." If an inventory is supplied
each party shall have a signed copy.
7. Repairs, alterations
Tenant must keep, and at the end of the term return the Apartment and all appliances, equipment, furniture, furnish-
ings and other personal property clean and in good order and repair. Tenant is not responsible for ordinary wear and dam-
age by the elements. If Tenant defaults, Landlord has the right to make repairs and charge Tenant thc cost. The cost will
be added to and payable as rent. Tenant must not alter, decorate, change or add to the Apartment.
8. Fire, accident, defects, damage
Tenant must give Landlord prompt notice of fire, accident, damage or dangerous or defective condition. If the Apart-
ment can not be used because of fire or other casualty, Tenant is not required to pay rent for the time the Apartment is un-
usable. If part of the Apartment can not be used, Tenant must pay rent for the usable part. Landlord shall have the right to
decide which part of thc Apartment is usable. Landlord need ouly repair the damaged structural parts of the Apartment. Land-
lord is not required to repair or replace any equipment, fixtures, furnishings or decorations unless originally installed by
Landlord. Landlord is not responsible for delays due to settling insurance claims, obtaining estimates, labor and supply prob-
lems or any other cause not fully under Landlord's control.
If the fire or other casualty is caused by an act or neglect of Tenant or guest of Tenant, or at the time of the fire or
casualty Tenant is in default in any term of this Lease, then all repairs will be made at Tenant's expense and Tenant must
pay the full rent with no adjustment. The cost of the repairs will be added rent.
Landlord has the right to demolish or rebuild the Building if there is substantial damage by fire or other casualty.
Even if the Apartment is not damaged, Landlord may cancel this Lease within 30 days after the fire or casualty by giving
Tenant notice of Landlord's intention to demolish or rebuild. The Lease will end 30 days after Landlord's cancellation notice
to Tenant. Tenant must deliver the Apartment to Landlord on or before the cancellation date in the notice and pay all rent
due to thc date of the fire or casualty. If the Lease is cancelled Landlord is not required to repair the Apartment or Building.
1] no broker, insert None.
9. ~'Liabili~y .:
Landlord is not liable for loss, expense, or damage to any person or property, unless due to Landlord's negligence.
Tenant must pay for damages suffered and money spe.n,t by Landlord relating to any claim arising from any act or neglect
of Tenant. Tenant is responsible for all acts of Tenant s famfly, employees, guests or invitees.
10. Landlord may enter, signs
Landlord may at reasonable times, enter the Apartment to examine, to make repairs or alterations, and to show it to
possible buyers, lenders or tenants.
11. Assignment and sublease
Tenant must not assign this Lease or sublet all or part of the Apartment or permit any other person to use the Apart-
ment. If Tenant does, Landlord has the right to cancel the Lease as stated in the Default section.
12. Subordination
This Lease and Tenant's rights, are subject and subordinate to all present and future: (a) leases for the Building or
the land on which it stands, (b) mortgages on the leases or the Building or land, (c) agreements securing money paid or to be
paid by a lender, and (d) terms, conditions, renewals, changes of any kind and extensions of the mortgages or leases or
Lender agreements. Tenant must promptly execute any certificate(s) that Landlord requests to show that this Lease is so
subject and subordinate. Tenant authorizes Landlord to sign these certificate(s) for Tenant.
13. Condemnation
If all of the Apartment or Building is taken or condemned by a legal authority, the Term, and Tenant's rights shall end
as of the date the authority takes title to the Apartment or Building. If any part of the Apartment or Building is taken, Land-
lord may cancel this Lease on notice to Tenant. The notice shall set a cancellation date not less than 30 days from the date of
the notice. If the Lease is cancelled, Tenant must deliver the Apartment to Landlord on the cancellation date together with all
rent due to that date. The entire award for any taking belongs to Landlord. Tenant gives Landlord any interest Tenant may
have to any part of the award. Tenant shall make no claim for the value of the remaining part of the Term.
14. Tenant's duty to obey laws and regnlations
Tenant must, at Tenant's expense, promptly comply with all laws, orders, rules, requests, and directions, of all gov-
ernmental authorities, Landlord's insurers, Board of Fire Underwriters, or similar groups. Notices received by Tenant from
any authority or group must be promptly delivered to Landlord. Tenant may not do anything which may increase Landlord's
insurance premiums. If Tenant does, Tenant must pay the increase in premium as added rent.
15. Tenant's defaults and Landlord's remedies
A. Landlord may give 5 days written notice to Tenant to correct any of the following defaults:
1. Failure to pay rent or added rent on time.
2. Improper assignment of the Lease, improper subletting all or part of the Apartment.
3. Improper conduct by Tenant or other occupant of the Apartment.
4. Failure to fully perform any other term in the Lease.
B. If Tenant fails to correct the defaults in section A. within the 5 day,. Landlord ma~ can,'el th~' Lease by giving
Tenant a written 3 day notice stating the date the Term will end. On that date th~. 'l,'rm and q chant's ri'-'hts in tbis Lefise auto-
matically end and Tenant must leave the Apartment and give Landlord the keys. Tenant continues to be responsible for rent,
expenses, damages and losses.
C. If the Lease is cancelled, or rent or added rent is not paid on time, or Tenant vacates the Apartment, Landlord may
in addition to other remedies take any of the following steps:
1. Enter the Apartment and remove Tenant and any person or property;
2. Use dispossess, eviction or other lawsuit method to take back the Premises.
D. If the Lease is ended or Landlord takes back the Apartment, rent and added rent for the unexpired Term be-
comes due and payable. Landlord may re-rent the Apartment and anything in it for any Term. Landlord may re-rent for a
lower rent and give allowances to the new Tenant. Tenant shall be responsible for Landlord's cost of re-renting. Landlord's cost
shall include the cost of repairs, decorations, broker's fees, attorney's fees, advertising and preparation for renting. Tenant
shall continue to be responsible for rent, expenses, damages and losses. Any rent received from the re-renting shall be applied
to the reduction of money Tenant owes. Tenant waives all rights to return to the Apartment after possession is given to the
Landlord by a Court.
16. Waiver of jury, counterclaim, set off
Landlord and Tenant waive trial by a jury in any matter which comes up between the parties under or because of
this Lease (except for a personal injury or property damage claim). In a proceeding to get possession of the Apartment,
Tenant shall not have the right to make a counterclaim or set o~.
17. Notices
Any bill, statement or notice must be in writing. ,If to Tenant, it must be delivered or mailed to the Tenant at the
Apartment. If to Laudlord it must be mailed to Landlord s address. It will be considered delivered on the day mailed or if
not mailed, when left at the proper address. A notice must be sent by certified mail. Landlord must send a written notice to
Tenant if Landlord's address is changed.
18. No waiver, illegality
Landlord's acceptance of rent or failure to enforce any term in this Lease is not a waiver of any of Landlord's rights.
If a term in this Lease is illegal, the rest of this lease remains in full force.
19. Bankruptcy~ insolvency
If (1} Tenant assigns property for the benefit of creditors, (2) Tenant files a voluntary petition or an involuntary
petition is filed against Tenant under any bankruptcy or insolvency law, or (3) a trustee or receiver of Tenant or Tenant's
property is appointed, Landlord may give Tenant 30 days notice of cancellation of the Term of this Lease. If any of the
above is not fully dismissed within the 30 days, the Term shall end as of the date stated in the notice. Tenant must continue to
pay rent, damages, losses and expenses without offset.
20. Rules
Tenant must comply with these Rules. Notice of new Rules may be given to Tenant from time to time. Landlord need
not enforce Rules against other Tenants. Landlord is not liable to Tenant if another tenant violates these Rules. Tenant receives
no rights under these Rules:
(1) The comfort or rights of other Tenants must not be interfered with. This means that annoying sounds, smells and
lights are not allowed.
(2) No one is allowed on the roof. Nothing may be placed on or attached to tlre escapes, sill.s, windows or exterior
walls of the Apartment or in the hallways or public areas.
(3) Tenant must give to Landlord keys to all locks. Locks may not be changed or additional locks installed. Doors
must be locked at all times. Windows must be locked when Tenant is out.
(4) Apartment floors must be covered by carpets or rugs. No waterbeds are allowed in Apartments.
(5) Dogs, cats or other animals or pets are not allowed in the Apartment or Building.
rulqs nlust be followed. Wash lines, vents and plumbing tixtures must I,e used only-for their
(7) Laundry machines, if any, at Tenant's risk and cost. Instructions{Bt be followed. Landlord may stop
their use at any time.
(8) Moving of furniture, fixtures or equipment must be scheduled with Landlord. Tenant must not send Landlord's
employees on personal errands.
(9) hnproperly parked cars may be removed without notice at Tenant's cost.
(10) Tenant must not allow the cleaning of the windows or other parts of the Apartment or Buihling from the outside.
(I1) Tenant shall conserve energy.
(12) Tenant may not operate manual elevators. Smoking is not permitted in elevators. Messengers and trade people
must only use service elevators and service entrances. Bicycles are not allowed on passenger elevators.
21. Representations
Tenant has read this Lease. All promises made by the Landlord are in this Lease. There are no others.
22. Landlord unable to perform
If due to labor trouble, government order, lack of supply, Tenant's aet or neglect~ or any other cause not fully within
Landlord's reasonable control Landlord is delayed or unable to (a) carry out any of the Landlord's promises or agreements,
(b) supply any service to be supplied, (e) make any required repair or change in the Apartment or Building, or (d) supply
any equipment or appliances, this Lease shall not be ended or Tenant's obligations affected.
23. End of terra
At the end of the Term, Tenant must: leave the Apartment clean and in good condition, subject to ordinary wear and
tear; remove all of Tenant's property and all Tenant's installations and decorationS; repair all damages to the Apartment and
Building caused by moving; and restore the Apartment to its condition at the beginning of the Term. If the last day of the
Term is on a Saturday, Sunday or State or Federal holiday the Term shall end on the prior business day.
24. Space "as is"
Tenant has inspected the Apartment and Building. Tenant states they are in good order and repair and takes the Apart-
25. Quiet enjoyment and habitability
Subject to the terms of this Lease, as long as Tenant is not in default Tenant may peaceable and quietly have, hold,
and enjoy the Apartment for the Term. Landlord states that the Apartment and Building are fit for human living and there
is no condition dangerous to health, life or safety.
26. Landlord's consent
If Tenant requires Landlord's consent to any act and such consent is not given, Tenant's only right is to ask the Court
to force Landlord to give consent. Tenant agrees not to make any claim against Landlord for money or subtract any sum
from the rent because such consent was not given.
27. Lease binding on
This Lease is binding on Landlord and Tenant and those that lawfully succeed to their rights or take their place.
28. L~ndlord
Landlord means the owner, or the lessee of the Building, or a lender in possession. Landlord's obligations end when
La dlord s ~nterest in the Budding is transferred. Any acts Landlord may do may be performed by Landlord's agent or em-
ployees.
29. Paragraph headings
The Paragraph headings are for convenience only.
30. Changes in lease
This Lease may be changed only by an agreement in writing signed by and delivered to each party.
$1. Effective date
This Lease is effective when landlord delivers to Tenant a copy signed by all parties.
32. Broker
Landlord and Tenant recognize the above Broker as the Broker who brought about this Lease. Landlord is respon-
sible to pay for the above Broker's commission.
33. Furnishings
If the Apartment is furnished, the furniture and other furnishings are accepted "as is." Il an inventory is supplied
each party shall have a signed copy.
Rider Additional terms on ................page(s) initialed at the end by the parties is attached and made a part of this Lease.
Signatures
Landlord and Tenant have signed this Lease as of the date at the top.
,2. , ~? r:/¥ 1
c~
_J
4
~) COUNTY OF SUFFOLK I~.~$OUTHOLD
Real
Pro[oerty Tax Service Agency ,~.~r,~, - 088
JUDITH T. TERRY, TOWN CLERK
Town of Southold
Southoid, New York 11971
Phone: 516-765-1801 DATE
R~CE~VEO oF: ~r,~.~. ~ ~
RECEIPT
050580
DRAFT
OUTLINE OF RECOMMENDATIONS
September 30, 1993
SOUTHOLD TOWN STEWARDSHIP TASK FORCE
TOWN HALl.., SOUTHOLD, NEW YORK
Thomas C. Samuels, Chairman
INTRODUCTION
The Southold Town Stewardship Task Force was appointed by the Southold Town
Boa,'d in August 1992 and charged with exploring and developing the recommendations
of the US/UK CountrTside Stewardship Exchange Team, an international group of
planners which came to Southald and issued its report in November 1991.
The members of the Southold Town Stewardship Task Force noted with great interest
the observation in their report of a 'shared vfalon' of the future which exists in this Town.
This vial3n is of a Southold which has found the means to preserve and cherish its
unique heritage, while moving ahead with confidence. Of centra] importance to all
residents are the 'quality of lite' issues: preserving the beauty of the historic landscape
and seascape, enhancing U3e strong sense of community, and sustaining the means of
aproductivelivelihood. The goalof the Task Forceisto expandthis vision, to re~nethe
means to achieve ;t, and to communicate with the people of the Town, so that the
'~hared vision' can become a reaJity.
This document is an interim report, intended to inform the community of the work of
the Task Force to date. It is presented at this time to stimulate public discussion of the
issues, w'3ich is essential if our work is to better reflect the needs and goaJs of the
community. To this end, we are making plans to hold a series of meetings, on a town-
wide a~d hamlst-v~de basis, to further explain, discuss and refine our thoughts.
Following is a review of the general Objectives which contributes to achieving our vision.
This list is based on the work of the US/UK team and is consistent with the general
ple. nning issues which confront rura] communities similar to Southold all over the United
States and in the United K~ngdom.
From these Ob;ectives, we have developed a Draft Outline of Recommendations, listing
important steps to be taken to improve the landscape of the Town, and the quality of
life of its residents. These ideas have been prepared after' meetings with experts,
advisory committees to the Town Board, chambers of commerce, leaders from the
Wllage ot Greenport, the North Fork Housing Alliance, and other civic groups whose
work and interests helped us understand the issues.
These recommendations are presented in draft form. They reflect our best thinking at
this time, and incorporate much careful investigation and thought. We are eager to hear
the responses of the Town Board and all Town residents, and to incorporate all ideas
and proposals ~vhic~ better accomplish our goal: to bring the Town's plan and
c~, d;r,ances more into line with the shared vision of its residents as ouflined in the US/UK
report.
32c} Review methods of enforcement of sign regulations, and propose
improvements
RECOMMENDATION #33 Adopt Ughtlng Ordinance
Develop guidelines for the control of ex, error lighting to minimi,-.e the
negative impacts of surplus illumination. Give consideration to issues of
security, aesthetics, cost, energy conservation, hours of use, advertising,
impact on neighboring properties and the rural environment, Create
guidelines for lighting of commercial properties and road lighting, and
methods for eliminating grate, such as concealing the source of
illumination, and prohibition of neon.
RECOMMENDATION #34 Adopt an archllectural review procedure
34a) Develop an illustrated design manual of architectural design
guidelines to encourage appropriate and consistent design of cornrnercial
structures and other structures in historically or visually significant districts,
and to protect the characte~ of the hamlets Irom visual degradation.
34b) Designate Architectural Review Board(s) to administer design
guidelines, and establish their appropriate jurisdiction.
2 15
280 Review Subdivis on Regulations and revise to improve the planning
of new development.
RECOMMENDATION #29 Adopt Planned Unit Development Ordinance
Adopt a Planned Unit Development (PUD) ordinance to a~low new
development in the ham]ets with a mixture of commercial, residential and
recr~aticnaJ uses. If done properly, this type of deveropment can create
v[sualty attractive, pedestrian accessible, and economically sustainable
communities in character with our tradifionaJ rural heritage,
RECOMMENDATION #30 Protect historic resources
Encourage and assist preservation groups and historic societies to
designate significant scenic and historic properties and other 'sacred
places'. Adopt guidelines to protect and preserve these resources.
RECOMMENDATIONS #31 Develop landscaping guidelines
3la} Adjust and strengthen screening requirement between business end
industriaJ uses and realdenfial zones.
31b) Tailor screening and landscaping requirements to the context in
which they occur and the visual sensitivity of the site. The more sensitive
the location vlsually, the greater the protection needed.
31c) Initiate land aleadng restrictions to prevent clear cutting of wooded
sites prior to approval o! site plan or building permit.
31d Develop a ~ist of preferred landscaping species and encourage
incorporation of existing vegetation and native vegetation into landscape
design·
RECOMMENDATION #32 Revise Slgnage Ordinance
32a) Propose revisions to existing Sign Ordinance, regarding number,
type, size location, and composition ot allowable signs·
32b} Create illustrated design manual to improve the design quality a~ ~d
visual consistency of new signs
OBJECTIVES
Preserve and protect the rural character of the landscape by stabilizing the amount
of currently productive fa~'mland and fallow open space, and by finding means
to suppod the agriculturaJ industr/. Together with open vistas of salt water, the
open, rural character of Southold is its chief visual and economic asset, and
fundamental to its sense of place. T, ogether with severaJ ap,p, roaches to the
protection of open space, the historic partnership with the land must continue
to evolve. Means should be sought to allow and encourage innovative
techniques of farming and uses of open space·
Encourage compatible forms of sustalnab e economic development by recognizing
and enhancing the h stodc anchors of the existing Ioca~ economy: agriculture,
marine industries, and tourism. Southold is both fortunate and unusuaJ (for Long
Island) to have maintained an active farming community. Through diversity of
crops, local markets and innovative governmental policy, this traditionaJ indust~
wilJ hopefutty continue.
Tourism should be seen to include second homeowners, and all those who come
to Southold because they appreciate and enjoy our scenic artd recreationa~
features· These features should be enhanced and promoted to maintain our
desirability es a visitor destination, and aJso to improve our own quafity of life. ·
Protect and Improve the env ronmental balance by providing he infrastructure and
adopting the poJicies to preven pollut on of surface and sub-surface waters, and
by finding means to protect critical natural habitat, s' The North Fork is p~rt of a
rich yet fragile ecosystem, based largety on the interlace of fresh a~d saJt water.
Human settlement has aJways affected this ecosystem, resulting in the Iongterm
degradation of war,er qual ty and habitat. Ways must be sought to im rove the
quality of the Town s water resources, and maintain the balance of h~mrart and
natureJ systems.
Provide quality affordable housing for all families and Indlvlduals by exploring
severaJ different approaches. The scenic beauty and smelt*town quafity of
Southold has long drawn affTuent homeowners, second-homeowners azed retirees.
This draw has erevated the cost of housing, which has created great difficulty for
iow and moderate income people In order to sustain our economy it is essential
to find flexible and nnovative ways to crea e and maintain affordable housing
14 3
without contHbuting to the destruction of the rural, small town environment.
Preserve the character of hamlet~ and countryside by protecting the historic
structures and by controlling and improving the visual environment. The Icog
h~stoP/ of Sou~hdid has produced a tremendous richness and diversity of
buildings and working landscapes. Although most of the land is owned by
individuals, callectJvely it comprises a heritage which is shared and appreciated
by ail This heritage should be cherished and enhanced, not only for our 'quality
of life', but also for the economic potential ~t offers the Town.
T~e small-town quality of our individual neighborhoods, and the sense of
E-ommun~-TF~lhe,/foster is somsti3inq to be chensheO. (.;dbcst to ther identity s
the~-differ~ c~ b~t~,~rt.: "v[lla~_e' and 'countrvside'~ whic~-'shoul~_Dp~Jz~.Jg_~t~tos
r~ff'F'd~m suburban~za~Jon and st~p develoom~nL New development shou d be
~ed when it is appropriate and consistent with the historic growth patlern
of the Town·
CHARACTER of HAMLETS
and RURAL SETTING
The hamlets a~e the historic focus for residential and business activity in Southold Town.
We consider this is to baa desirable pattern o! development, which should be
encouraged by allowing appropriate new residential and commercial development in tt-e
existing centers. In order to facilitate this growth, careful planning t;hould be
undertal(en by the Town, so that a rural, pedes[rian oriented v~ll~.ge quahty, consistent
with our history and t~aditional pattern of development, is fostered.
In contrast to the hamlets, the countryside should malntain its open, rural, atmosphere.
V~3enever possible, vistas of fields, woodlands and the water should be preserved. New
development in these areas should be c~'efuily considered and consistent with the
historic character of the landscape. The blur~ng of the distinction between hamlet and
count~/side should be avoided as a priority.
The long history of Southold has ~iven rise to a tremendous richness and dlvers?y o!
buildings and working landscapes. Vigorous steps should be t~ker~ to assure the
preservation of these structures and landscapes, without infringing on the rights of their
individual owners. Ali residents benefit from the preservation of our historic and scenic
heritage, not only lot our 'quality of life', but also for the economic potential it offers the
Town. · '
RECO. MMENDATION ,,/28 Revise Zoning Code and Map lo better comply with
goals of the Master Plan
28a) Prohibit monotonous st~p store design by enactir g varying setbacl"
requirements encouraging creative site planning.
28b) Limit fast-food establishments to Hamlet Business zone. ShJdy
ord[nancas which have been effective in prohibiting fast*food
establishments altogether.
28c) Review Business end Commercial dis~cts az~d define more clearly
their allowable uses.
28d) Review Marina Bus,ness districts to determine appropriate locations
and allowed uses.
28e) ReviewZoning Map and revise to eliminate zoned disb-icfs which a~e
incompatible with their present use and physical context. Consider means
to phasing out non-conforming, incompatible uses.
4 13
equity projects and facilitate community parlicipation in providing technical
assistance.
24b) Encourage creation of rental housing by easing regulations
governing the creation of accessory apartments.
24c) Allow the conversion of existing large residences into multi-
family housing.
24d) Permit, with certain restrictions, dwelling units with smafier square
footage than currently required.
24e~ Adjust zonino to allow the creation of multiDIe unit residences an~f
· RECOMMENDATION #25
Facilitate shared housing (for example, pairing
senior citizens with other seniors or young families)
RECOMMENDATION #26' Develop plans to secure funds to subsidize
affordable housing,
26a) Aggressively seek stale and federal funding.
· 26,~) Place on ballot referendum for bond issue to purchase land,
subsidize loans, provide loan guarantees and/or subsidize utilities hook-
ups.
26¢) Recapture subsidies granted on sale of affordable housing and
recycle the funds into new affordable units.
RECOMMENDATION #27 Initiate public education on affordable housing
programs
27a) Assist qualified buyers and renters.
27b) Assist potential builders and real~ors.
27c) Improve data base on needs of target population and effectiveness
of affordable housing programs.
PRESERVATION OF FARMLAND
AND OPEN SPACE
In order to preserve the rural character which gives meaning to the landscape steps
must be taken to prevent the loss of currently productive farmland and environmentally
sensitive open space. To achieve this objective, the agricultural industry, which is the
chief non*residential land use, must be supported, and other innovative steps t~<en.
The programs to preserve farmland and open space have been successful, but should
be extended to bettor achieve this goN. Other programs, some of which link the forces
of development with the preservation of land, as in 'Transfers of Development Rights',
should be explored.
Finely, the uses to which p~'eserved open space can be put shou d be ex Iored so tho
~...e_,..p_.a~._n.e. rship, with the la. nd', the term used to describe historic land r~s~3.3atte,~ns c~'~
,.u,,~.ue ~o evolve, and give meaning to our landscape and way of life. r ,
RECOMMENDATION #1 Continue Farmland Purchase of Development Rights
Programs
la) Place on election ballut a new referendum for an additional bond to
continue existing farmland programs.
lb) To maximize funds available to the Town fo- th~ purchase of
development rights, modifl7 the exs ng Town program so that
development rights that have been purchased by the Town can be sold
to other holding agencies, such as Suffolk County or land trusts, that will
honor the program's commitments and intent.
RECOMMENDATION #2 Adopt a Transfer of Development Rights program
Adopt a new Town program lo enable transfer of res dentiaJ density from
JaJ~ld zoned Agricul ural*Conservation to existing hamlets.
RECOMMENDATION #3 Explore modifications to the Tax Abatement Program
for working farms
Investigate additional financial incenlives for keeping land in agricultural
production. This program should be tailored to a~ract the non-fa/ming
landowners as well as working farmers.
12 5
RECOMMENDATION #4
Expand the types of uses allowed to agd-buslnesses
on agricultural land
4a) Allow for-profit events of a nature appropriate to the principal business
of a farm or winery to take place on their premises.
4b) Allow retail sale of integrally related products on the premises of farms
and wineries.
RECOMMENDATION #5
Allow donations of open spaces, that result from
clustered subdivisions, to the Town or land trusts
Sa) Promote retention of farmland and continuation of agricultural
production by preserving parcels of land with prime soil released upon
clustering of subdivision. This policy should be administered on adjacent
new subdivisions, so as to result in preserved agricultural districts.
5b) Promote preservation of open space by allowing donation of parcels
of environmentally sensitive land released upon clustering of subdivision.
This will allow planned stewardship of open space.
RECOMMENgATION #6 Continue and expand efforts to preserve Open
Space
6a) Place on election ballot a referendum for new bcnd to continue
Town's ,~pen space acquisition program
6b) Expand current program to allow for the purchase of development
rights as well as outright purchase of land.
6c) Institute a strong lobbying program to obtain the Town's fair share
of funding for open space preservation and watershed protection
from County, State and possible Federal sources.
6d} Explore alternative means to preserve open space, including farmland
protection techniques.
6e) Obtain conservation and scenic easements
60 Designate scenic corddors
RECOMMENDATION #7
Expand Open Space Chapter of Town Code to list
desirable and consistent uses of reserved open
space
RECOMMENDATION #21
RECOMMENDATION #22
Ensure that the availability of public water will not,
by itself, permit additional development density
anywhere In the Town
Determine the long-term need for and cost of
various sewage treatment options Irt designated
hamlet areas
AFFORDABLE HOUSING
In order to maJ~J~n ~J;;IJ3~rsity in the po~utation of Southold and to as_~.sure sustainable
~conomic development, affor~dable housing is needed and should be createa throughout
t_h~e~_T~wr, Current programs for affordable housing rely on density ink. tea
to support the constnJction of new housing for the affordable market. Often the cost
of this ho~sing is beyond the reach of most families, and actually com~e--t~s w~ I~
de~ped._d to cr_e~t~t_atk~r~A~usinq with~~~s an~ ~
a-[lo~wahces which contribute to the dastruc~On ot the rural environment.
The households most in need of assistance for housing affordability are young families,
the elderly, relatively iow wage earners, and the working poor. Since no single prograr~3
is adequate to meet the diverse needs of the target populations within the Town, a host
of new initiatives should be undertaken.
RECOMMENDATIONS #23 Revise guidelines of Affordable Ho~Jsing P.,ogram
23a) Lower the level of income eligibility of prograre applicants to more
realistically reflect the target population in Southold.
23b) Reduce the dollar level at which housing units are defined as
affordable,in order to better reflect the realities ol the local economy.
23c) Avoid expanding the boundaries of the AHD Zones.
RECOMMENDATION #24 Increase the quantity and diversity of the ~ffordable
housing stock
24a) Encourage the use and rehabilitation of existing homes, and
eliminate or reduce the Town's current heavy emphasis on new
const~action. Provide funding for rehabilitation, In conjunction with sweat
6 11
16g) Design site requirements for watedront development to prevent
pollution from stormwa~er runoff and septic systems.
',6h) Work with the Suffolk County Departdlent ol Health Services to
develop incentives to move aid septic systems away from the water's
edge, and to permit alternative wastewater disposal systems.
t6i) Require pump-out s~ations in marinas ol high use.
RECOMMENDATION #17 Design programs for public education to
reduce pollution
17a) Formulate galdelines for the proper use of fertilizers and pesticides.
17b) Strengthen programs for the proper disposal of toxic wastes, pump
out stations, and appropriate boat maintenance.
-- ECOMMENDATION #18
Cooperate with adjoining Towns, County, and the
National Estuary Program to create regional
programs for the improvement of surface waters
RECOMMENDATION #19 Adopt policies for groundwater protection
'19a) Adopt Special Groundwater Protection Area (SPGA), as proposed by
Long [slar*d Region~J Planning Board, and develop management plan and
land use regalalions to protect the groundwater from contamination while
allowing appropriate agricultural use,
19b) Adopt water conservation a~d management programs for areas
outside the SGPA to protect the quantity and quality of private water
supplies.
RECOMMENDATION #20
Develop a master water supply plan for use by the
Suffolk County Water Authority (SCWA)
20a) Allow provision of public water utilities to areas where existing wells
are contaminated,
20b) Except as provided in 20a), restrict public water utilities to
design&ted hamlets areas.
10
SUSTAINABLE ECONOMIC DEVELOPMENT
In order to protect and improve the quality of life of the Town's residents, steps should
be taken to support a vital economy. This should be done by recognizing and
enhancing the strengths of the existing local economy: Agriculture, Marine Activities and
Tourism, and by understanding our role within the regional economy.
Encouraging agricalture and marine activities can be done partly by presenting the land
a~d water on which they depend. Through innovative farming techniques and diversity
of crop, development of markets, and the adoption of beneficial governmental policy,
these traditional industries will hopefully continue and thdve.
The tourism industry should be seen to include the business all those who come to
Southold for its scenic, caltural, and recreational features: second-home owners,
retirees, seasonal renters, overnight visitors, and day trippers. This industry depends
in large part on preserving and improving the physical beauty of the Town. It should
~e developed within the environmental constraints of our natural resources, and always
m a way to improve our own quality of life.
RECOMMENDATION #8 Support agricultural industry
8~) See proposals for Farmland Protection above.
8b) Explore ways to attract agricultural research.
8c) Adopt 'Right-to-Farm" legislation.
RECOMMENDATION #9 Adopt proposals to support maritime Industry
ga) See proposals for Surface Water protection below.
9b) Review Marina Business districts and determine appropriate us¢s and
the desirable intensity of those uses.
RECOMMENDATION #10 Develop appropriate tourist accommodations.
10a) Amend Bed-and-Breakfast Ordinance to allow facilities with three or
fewer rooms under regulations of Home Occupation law. Allow larger
B&B's with approval process tailored to scale of facility.
lob) Explore means of allowing country inns, retreats, and youth hostels
RECOMMENDATION //lf Expand recreational opportunities and facilities
t fa) Determine need for and means to provide new recreationaJ facillties,
e.g.: golf co~rses, tennis courts, indoor sw{mming pools, etc.
tlb) Develop or enhance ex~sting natural r~sources for recreational use,
e.g. beaches, open space, shallfishing, fishing, bo&ting (marinas and boat
ramps), outdoor sports facili~es, traits, etc..
1 lc) Explore ways of extending the tourist season.
RECOMMENDATION #12 Improve the transportation network to faclIItate
access to businesses and community services
12a) Town should work with NYS Department of Transportation to attract
federal [STEA money for scenic improvements a~d traffic safety
12b) Encourage attraciive Ntematlves to auto transportation, e.g.
improved bus and ra~l service between Greenport and rest of Long Islend,
w~n pools, and bus tours.
12c) Encourag~ development of shuttle van service between LIRR, ferry,
car parks, and tourist sites, such as hamlet centers, beaches and
vineyards.
12d) Improve location and design of business district parking.
12e) Improve direcfionalalgnage.
RECOMMENDATION #13 Facilitate non-automotive transport
13a) Develop paths and trails for use by residents and tourists to enter
the hamlets without driving.
13b) Develop a recreational trails system through the countryside and
between hamlets for horseback riders, joggers, bio/cie riders, and waJkers.
RECOMMENDATION #14
Promote health care, Including home services and
ELI Hospital, and o her economic activity to meet
the needs of senior citizens
RECOMMENDATION #15
Facilitate the occupational use for Iradespeople,
professtonals~ and others In wa~s consistent with
the character of the Town *
SURFACE AND SUBSURFACE WATER QUALITY
The quality of our water, both surface salt and fresh water, and fresh grou '~dwater; is of
criticaJ importance to Southold Town. No other naturaJ resource affects the lives and
activities of all our residents to such a degree.' Therefore, special steps should be taken
to prese~/e and improve of the quality of our water.
Several groups and agencies a~e already commlffted to improving the qua)i~ of the salt
water bays end creeks, it is important for the Town and ifs residents to ta~e additien~J
steps to protect this resource. Chief among these are the managing of surface runoff
end the prevention of contamination to both salt and fresh waters.
Steps must a~so be taken to protect the quantity and quality of our fresh groundwater.
Due to the nature of the soil, our groundwater is h~ghly suseptib;e to contamination from
surface activities, it is also important to discourage overpum~.ing which can result in
intrusion of salt water. CarefuJ management of this resource is essential to secure t~e
right of all Southcid residents to high quality po{able wster, without overly resorting to
the extention of public water mains.
RECOMMENDATION #16 Reduce runoff Into surface waters
16a) Set timetable end method of eliminating or reducing direct discharge
of stormwater runoff into creeks, sound, bays, salt and freshwater wetlands
from all Town, County end State roads end properties.
16b) Require cur'o-cut approvals on Town roads in order to ensure
Highway Department review of drainage requirements.
16c) Tighten regulations governing residentia~ building construction to
require Town engineering revfew of drainage plans.
16d) Soticlt cooperation of State Dept. of Transportation and County Dept
of Public Works in reducing direct discharge from State/County roads end
properties to salt end fresh waters and wetlands.
16e} Prevent indlscrim~nate land cleadng to reduce erosion and runoff
which degrade surface waters.
16f} Adopt a capital improvement plan for drainage improve,'nent projects
on Town roads and phvate proper~es. Seek FederaJ, State, and o~her
funding to supplement Town budgeted funds.
OCT - 5 199~
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Richard C. Wilton
BOARD OF APPEALS
TOWN OFSOUTHOLD
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1809
October 6, 1994
Mr. Hugh Conroy
200 Gin Lane
Southold, NY 11971
Re: Your Correspondence dated October 3, 1994
Dear Mr. Conroy:
We are in receipt of your letter requesting consideration for the
relocation of the Accessory Apartment, with modification as to size
and entranceway, as well as tenancy.
While' the Board would be happy to see a relative living in your
home, it was the feeling of two board members that they had
concerns about the changes in the arrangement of the house, and
suggest that you also send a detailed drawing of the entire house -
showing the square footage for the new Accessory Apartment, as
amended, as well as the square footage for the principal residents in
the main house, also as amended.
In any event, it is possible that the Board Members will ask for a
new application and a new hearing, after notice to the neighbors, to
discuss the changes and lease arrangements which were previously on
file.
Very truly yours,
IAnda Kowalski
BAY HA V,~N
Telephone
516-765-1937
BOARD OF ASSESSORS
TOWN OF SOUTIIOLD
Main Road '
Southold, L.I., N.Y..11971
January 13, l?8Z
Mr. Arthur O. Wells
2361 East 27th Street
Brooklyn, New York
Dear Mr. Wells,
In re~ly to your inqulry in your letter o£ December 28, 1~82,
please be advised that there is no problem as to your request.
Our records show that you and your wife own both Lot #3 and
South ~4 of Lot #2, jointly. There£ore, we will assembly the
two parcels and in the future you will receive one tax bi]}
reflecting as p~r your request.
Hoping that this will accomplish *~hot you wish and if tl~re are
any further.questions, please contact our office.
HF~:jk
Very truly yours,
Itenry /~. Moiso~ Chairman
Board of Assessors
'1¸
236! IL~at 27th Street
Rrooklvn, New York J[2.?.9
Ooce~,be~ 25, ]ggl
Town of SouLhold
Town t~all
Southold, NY
)l~p 0029]
Gentlemen:
We wo. ld like to have I,nt "S 1/4 of 2" combined with our house
Lot "3".
Our reason for doing; thin iu that while my brother, William
Wall~, owned entire Lob "2", we were able ~o driv~ through his
~ hill, which t.,~ke~ i~ i.,po~iblc Lo drive iu~o the pnr~e from the
front road. By nddln~ our l/4th of Lot 2 to our bo.~e lot (3) we
could build a ~arage on the uorl:h llne of Lot 3, which i~ flat.
Please ,~dvise us what procedure to follow iu order to acomplish
this.
Very truly yours,
,/~o~~ ~'-z-~.t TOWN OF SOUTHOLD PROPERTY REC:ORD CARD ' /'/-?
OWNER STREET VILLAGE DIS'I' SUB. LOT
FORMER OWNER N E ACR. I -- ./~'
~-.: - S W TYPE OF BUILDING
RES. '~,(O SEAS. VL FARM COMM. CB. MISC. Mk,. Value )"'~'~,
LAND IMP. TOTAL DATE REMARKS
300 3o0 / .~ ' ~ '
Tillable
Tillable 2
Tillable 3
w~dland
5wamplan~ FRONTAG~ ON wA~R
Brus~land FRONTAGE ON ROAD [ b P z - ~ '
House Plat DEPTH
BULKH~D
Total D~K
Extension ) / O~C~_ ..........
Extension Fise Place
ROBERT G. ERATH
P.O. Box 89
Southbury, CT 06488
(203) 262-6339
BOARD OF APPEALS, TOWN OF SOUTHOLD
Subject: Conroy Petition for Special Exception
Reference: Notice dated 5/18/94
Gentlemen:
May 27,1994
I am in receipt of a notice of a petition to the Board of Appeals
for a Special Exception. The appeal is from Hugh and Carol Conroy
of 200 Gin Lane, Southold, NY 1~971 and it is for the purpose of
converting the second floor of a Cape Cod house into a separate
apartment.
As the owner of the adjacent property, I hereby inform you of my
strong opposition to the petition.
~. This property is in Zone R-40, a residential zone. There are no
other apartment houses or 2 family houses in this community.
2. The proposed deck and stairway to the second story does not
conform to the architecture of the house. It will cheapen the appear-
ance of this beautiful house. Since it will be on the northern end
of the house, exposed to public view, it will look terrible.
3. The requirement for additional parking will also cause a major
change in the character of the area. There is a pond here and the
property has been carefully landscaped. A parking lot with pickup
trucks and cars all over will destroy the beauty of the neighborhood.
4. This house is in Bay Haven Estates, a community of homes whose
owners take great pride in their homes. It strikes me as highly
unfair to saddle these good peopie with a non-conforming house in
their area.
For these reasons, I ask you to deny the petition and thereby
allow Bay Haven to keep its rural charm. Thank you.
Very truly yours,
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter ot the Petition of :
to the Board of Appeals of the Town of Southold :
NOTICE
TO
ADJACENT
PROPERTY OWNER
YOU ARE HEREBY GIVEN NOTICE:
1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold
to request a (Variance)(,~Special Exception~ (Special Permit) (._Other) [circle_ ,ch°ice] ~
2. That the property which is the subject of the Petition i~ located adjacent to your property and is des-
That the property which is the subject of such Petition is located in the following zoning district:
'40 P-
4 Thai h'~ such Pelid.n, the undersigned will request tile following relief:
5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the 'under-
signedare Ar~l.cle L.LL- Sec:tzon lc-c>- '3o./'~,'?.-'~ Ickr,~
[ ] Section 280-A, New Yorl~ Town Law for approval of access over right(s)-o¢-way.'
6. That within five days from the date hereof, a written Petition requesting the relief specified above will
be filed in lhe Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there
examine the same during regular office hours. (5].6) 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 Travder-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 ~ddress
Tel. No. ( 5~) 76s'~l')¥~'-
f
We, the undersigned, do hereby object to the approval of the petition of
Hugh and Carol Conroy for a Special Exception to Zoning Ordinance,Article IIIA,
for establishment of an Accessory Apartment at 200 Gin Lane, Town of Southold,
New York 11971.
NAME (PLEASE PRINT)
SIGNATURE ADDRESS
I
We, the undersigned, do hereby object to the approval of the petition of
Hugh and Carol Conroy for a Special Exception to Zoning Ordinance,Article IIIA,
for establishment of an Accessory Apartment at 200 Gin Lane, Town of Southold,
New York 11971.
NAME (PLEASE PRINT) SIGNATURE ADDRESS
We, the undersigned, do hereby object to the approval of the petition of
Hugh and Carol Conroy for a Special Exception to Zoning Ordinance,Article IIIA,
for establishment of an Accessory Apartment at 200 Gin Lane, Town of Southold,
New York 11971.
NAME (PLEASE PRINT)
SIGNATURE ADDRESS
We, the undersigned, do hereby object to the approval of the petition of
Hugh and Carol Conroy for a Special Exception to Zoning Ordinance,Article IIIA,
for establishment of an Accessory Apartment at 200 Gin Lane, Town of Southold,
New York 11971.
NAME (PLEASE PRINT)
SIGNATURE
ADDRESS
We, the undersigned, do hereby object to the approval of the petition of
Hugh and Carol Conroy for a Special Exception to Zoning Ordinance,Article IIIA,
for establishment of an Accessory Apartment at 200 Gin Lane, Town of Southold,
New York 11971.
NAME (PLEASE PRINT) SIGNATURE ~ ~q ADDRESS
This Declaration made the 6th day of February, 1959, by
William Wells, residing at Bayview, Southol~, New York.
~'~:[ER:~o, ,,i~i'~m .fells, is tlc owner of certoin real
property ~t Ba)~view, Town of Southold, Suffol~ County, ]~nown and
designated by a certain map entitled "Bay ]~aven at Southold, Town
of Southo!d, Suffolk County, New York," s~veyed December 10,
19~8, by Otto W. Van Tuyt f~ Son, Licensed Lend Surveyors, Green-
port, N. Y., and filed In the Office of the Clerk of Suffolk
Co~ty on the 22nd day of January, 19~9 as Map No. 2910;
..... ~2~o the said William ~,~ells desires to place cer-
ta~re~:trlctlon:~ upon the said premises, subject to which said
property and each portion thereof as hereinafter provided shall
be ~ld, sold and conveFed, and which restrictions s~mll be bind-
In~ upon all purchasers of parts thereof, mortgaf~ees ~md other
lienors and their res[ectlve heirs, executors, administrators,
Successors a~d assi~s;
NON T~iz~tEr~oHE, this declaration witnesseth:
THAT the said ~illiam Wells for the benefit of himself,
his heirs, exe~cors,' a~inis~rators, successors and assigns, and
In consideration of the premises and for the purpose of carrying
out the intention a~ove expressed, does harebv make known, pub-
lish, daclare, covenant and a~ree t;r~t t~le real property herein-
above ~asc'ribed shall hereafter be s'fi~Ject to the following cov-
enants and r~:.strlctions, which sh~li ~, construed as ~eal coven-
~r. ts rut:~ain~ ,.:lib the l~t]d anl ~'~n [n:' u~ on all pur~*hasers, own-
or placed or lerr~ttcd to rom~i;> ,.n ~ res~d~ntini bu~l~in~
eth~r thnn op,~ ~in~!e f~r,'l]y ~t~eh~d ~-b~ell~n?~ no~ to exceed one
~nd one-h~lf storle:~ In heJ~-ht .',hd ~, zl:~<~l~' yrivnt~' ~rn? eot
not more th.n two e.~:,,~" lrchlt-c~u..,~l d~'~:]?n of each ~-~rn~*e must
conform to the nrchlt~ctur~l des],~n c,f t~'~ dwellin<s or~ the s,me
plot.
2. [[o buitdin~ or structure shall be erected or
t~ined on gay resldentinl tu[idin~-: ~ let which sh~ll have e flat
roof end ~11 r~.~fs s .all be of t:~ ni;~, z~tle or [itch type con-
struction, and ~i1 r<.ofs shn[~l be eov~.r~.d s~,]ely with ~,]thar
bestos~ cedar or eom-ositJon s'~in-2es, ~nd no roof shall be laid
down with relied roofin~.
3. No dweilin~ shell be p~.rmitted '.u~on ~nv residential
lot which sh~ll h~ve a ~round floor area of less then 600 square
feet exclusive of porches, ~ara~es, or c~rsorts, nor shall any
dwelling or ~arace be erected other than on closed foundations
of poured concrete or concrete blocks.
k. No structure of ~ tem[:orary character such ss a
trailer, basement, tent, shack, ~ara~e, barn er other outbuildin~
shall be used ~s n residence on n residenti~l [lot either tem-
porarily or ?ermentiy nor sh~ll any dweliin~ un~er construction
be pe~itted to be used as a residence until th~ outside and roof
have been fully an~} com~letcly f]nlsl~ed nnd pointed.
~. There shall be nc outs]de toilets or outhouses erect-
~d upon stay plot. An ~tanu~te s~t~c t-nl: or cesspool shgll be
erected smd m~intained to take.~care of the s'ew~e disposal
each dwe!linc erected umon any plot, and the s~me shell be of
such design and construction as may be at, roved by ~:he acency of
gover~ent havin~ Jurisdiction thereof.
6. Ail ylans and specifications shall ~e subject to the
written approval of William Wells, his heirs, legal representa-
tives, successors of assigns.
. 7. No signs of ~ny kind~ shell be disrl~yed to the public
view on any r~sidenti~l rlot ex, eat: oho profkssionol sign of. not
more th~n one foot square; any signs used by the i~rtiea hereto
to advertise their property durin~ the ~struction and soles
period.
8. No c~ttle~ sheep, hors or ![u~ltry o~ 9n7 kind sh~ll
be raised or bred or ~ept on nny plot except do~Ts, cats, or other
household pets provided they ~r~ not ke~t~ bred er,.mnintal~ed for
c om. mere la 1 purposes,
q. Nc plot shgll b~ used cr mn!n~nJn~d ns n d~pin~
Kround for rubb~sh~ trash~ ~ar~= or other w~ste ~nd such ~ater-
lal shall not be kept on the pre'ires except In a sanitary con-
tainer. All incinerators or other equiyment for.the dlsrcs~l or
stor~e of such ~terinl shn]l be knlt in s clenn ~nd sanlt,r%
condition.
10. Eech plot shnl! be subject to lighting, electric~
~as~ water~ and telephone essements on the surfsc~: or below the
surface as .nd when reauired ~n the improvement 6~ said l~nd or
any part thereof.
!1. ~o sand~ earth or sod shall be rer-oveJ from the pre-
~ises~ er ezc~v~ticn be allowed re re~!n cFen thereon,
as m~v be nec=ssary nt such times .s b~ii~ir? or l~ndsc~t'in~
operations nrc In [re.ross.
12. ~o fence shall be erected or m~int~ined on any plot
which is over three feet tn height, ~nd all fences sh~.ll be of
h~dge~ picket~ rail or other similn~ construction ~nd solid board
or other materis1 fences are obohibited.' Each fence shall be
m9tnt~ined in ~ood reD?ir sad' ~f not maintnlned as ouch must be
removed.
1iL. '?[~.e ~art~; to t;~Js a]eclar~tton, !',Is !.eirs, a~] .... ],
b'¢ instr~u~!ent dul~, acl:nov~led~ed and rec~r~e~1 in the Office of t~e
o~..f~l~. Co~:nt'~, alter, ~.o~i~. , ter~!nute or annul any
Clerk: of ~ ~r - ' ~ ~"
one er all of said restrictions tn whole or in [art, and wit~out
the consent of any otl~er party.
15. Enforcement of anw of these covenants shall be by
proceedings at law or in equity, against any person or persons
violatin~ or attem~:tJn,q t~ violate any covenant, either to res-
train violation or to recever da~:a~{es. Invalidation of any one
of these covenants by Judzment or Court order shall not affect
any of the other provisions, which other provisions shall remain
in full force and effect.
IN ,'~ITNESS WHE[{EOF t~e within declaration is duly execu-
ted by the said WIL~IA~ ,.~EI.LS the day and year above written.
L.S.
'-" ':, OF "" YU}~IL )
On the 6t~ da~' of February nineteen humdred and fifty-
nine before me came WILLIAM WELLS to me t~nown to be the individ-
ual described in, and who executed, the foregoin~ instr~ent~ ~d
acknowledged that he ex~cuted the s~e.
RECORDED
! 13
COUNTY OF SUFFOLK
STATE OF NEW YORK
ss:
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 Z
............................. weeks
suc~?s~vely,... ....... commencing on the
to before me on thts
....~..~.. day of
Notary Public
BARBARA A. SCHNEIDER
NOTARY PUBLIC, State of Ne~ YoI~
No, 480~846
Qualified in Suffolk ~ j
Commission Expirel ,9/3//,9~
BOARD OF APPEALS
TOWN OF SOUTHOLD
NOTICE OF
PUBLIC HEARINGS
NOTICE IS HEREBY
GIVEN, pursuant to Section
267 of the Town Law and the
Code of the Town of
Southold, that the following
public hearings will be held by
the SOUTHOLD TOWN
BOARD OF APPEALS, at
the Southold Town Hall,
53095 Main Road, Southold,
New York 11971, on
WEDNESDAY, JUNE 8,
1994, commencing at the
times specified below:
1.7:30 p.m. Appl. No. 4235-
KIM FALLON AND CYN-
THIA SUTRYK. (Hearing
Continued from May 4, 1994)
This is a request for a variance
based upon the April 4, 1994
Notice of Disapproval from
the Building Inspector to
locate accessory building in
the front yard area. Location
~of Property: 3200 Soundvie.~w
Avenue, Mattituck, NY; Coun-
ty Tax Map Parcel
1000-94-2-5.
2. 7:35 p.m.,Apph No. 4234-
ALEX AND MARION
WIPE (Hearing Continued
from May 4, 1994). This is a
request for a variance under
Article III, Section 100-33C
for permission to locate an ac-
cessory garage with a fron-
tyard setback at less than the
required 40 ft. front yard set-
back. This parcel is noncon-
forming with a lot area of ap-
proximately 22,000 sq. ft. and
frontage of 118 ft. Location of
Property: 940 West Creek
Avenue, Cutchogue, NY;
County Tax Map Parcel No.
1000-103-13-7.
3.7:40 p.m. Appl. No. 4246-
LKC CORP. and JASTA,
INC. This is a request for a
Special Exception for permis-
sion to establish a drinking
establishment'use as listed
under Article XI, Section
100-10lB in an existing prin-
_.$ipal building. The subject
premises is nonconforming
with a lot area of approx-
imately one-half acre and
115_+ ft. frontage along the
north side of the Main Road
and is located in the B-General
Business Zone District. Pro-
perty Address: 6955 Main
Road, Laurel, NY; County Tax
Map No. 1000-122-6-36.
4. 7:50 p.m. Appi. No. 4245-
ORGE AND SUSAN
~AVARIS. This is a request
for a variance under Article
XXIll, Section 100-239.4A for
permission to locate swimm-
ing pool with fence enclosure
within 100 feet of the bluff of
the Long Island Sound. Loca-
tion of Property: 2170 The
Strand, Lot III at Pebble
Beach Farms, East Marion,
NY: Parcel ID No. 1000-30-
2-53.
5. 7:55 p.m. Appl. No.
4244SE- DEPOT ENTER-
PR1SES, INC. This is a re-
quest for a Special Exception,
as amended, to include ap-
proval for the location and use
of a proposed addition to the
existing principal building
located at 320 Depot Lane,
Cutchogue, New York. The
proposed addition is an expan-
sion of the existing recrea-
tional membership club and is
located in the Residential-
Office (RO) Zone District.
...~Proper t y ID No.
1000-102-2-12.1.
6. 8:05 p.m. Appl. No. 4249-
SANFORD AND SUE
HANAUER. This is a request
for a Special Exception to
establish and operate a Bed
and Breakfast in accordance
with the provisions of the zon-
ing code at Article Ill, Section
100-31B(15), with owner-
occupancy, and as an ac-
cessory to the existing prin-
cipal residence. Location of
Property: 4105 Soundview
Avenue, Mattituck, NY; Coun-
ty Tax Map Parcel No.
1000-94-3-part of 1.7, also
known and referred to as Lot
No 2 on the Subdivision Map
of Robert and Jean Lenzer.
7. 8:10 p.m. Appl. No. 4240-
JOHN CROKOS. This is a re-
quest for a variance under Ar-
ticle XXIX, Section
100-239.4A based upon the
May 4, 1994 Notice of Disap-
proval from the Building In-
spector for permission to
locate swimming pool with
fence enclosure within 100 feet
.3~f the bluff along the Long
Island Sound. This property
was the subject of prior Ap-
peals under Appl. No. 4204 as
rendered 12/8/93 and Appl.
No. 4140 as rendered 2/23/94.
The subject premises is im-
proved with a single-family
dwelling and contains an area
of approximately 40,000 sq. ft.
(total lot area). Location of
Property: 2110 Grand Vie,~
Drive, Orient, NY; LOt No. 7
on the Map c 3rand View
Estates; Cou,_, Tax Map
Parcel No. 1000-14-2-3.11.
8.8:15 p.m. Appl No. 4241-
RICHARD LAN. This is a re-
quest for a variance under Ar-
ticle IliA, Section 100-30A.4
(ref. Article Ill, Section
100-33) based upon the May 4,
1994 Notice of Disapproval
from the Building Inspector in
a building permit application
to construct pool and deck in
the front yard area, as an ac-
cessory use. Location of Pro-
perty: 230 Bridge Lane, Cut-
chogue, NY; County Tax Map
Parcel No. 1000-111-15-1.4 and
1.5 (Tax Map Parcel No. 1.4
totals 2.478 acres and Parcel
No. 1.5 totals 1.088 acres). The
subject premises is located in
an R-40 Low-Density Residen-
tial Zone District.
9. 8:20 p.m. Appl. No. 4243
-- MOORE'S LANE
HOLDING CORP. This is a
request for a variance under
Article V Section I00-53B,
Section 100-31C (ref. Section
100-33), and Section 100-231,
based upon the May 4, 1994
Notice of Disapproval from
the Building Inspector for per-
mission to locate acessory uses
(tennis court, swimming pool
and pool clubhouse) in an area
other than the required rear
yard, and with tennis-court
fencing at a height of more
than four feet when located in
a front yard area. Location of
Property: 475 Cedarfields
Drive, Greenport, NY; Coun-
ty Tax Map Parcel No.
1000-40-5-1.42. The subject
premises is located in the
Hamlet-Density Zone District.
10. & II. 8:25 p.m. TONY
AND MARIA KOSTOULAS.
Location of Property: 1035
Aquaview Avenue, East
Marion, NY; County Tax Map
Parcel No. 1000-21-2-13. This
property is nonconforming as
to total lot area in this R-40
Zone District.
Appl No. 4098 - (Continued
Hearing) This is a request for
a variance under Article
XXIII, Section 100-239.4 for
approval of a deck extension
located within 100 feet of the
bluff of the Long Island
Sound.
Appl No. 4248- This is a re-
quest for a variance under Ar-
ticle lllA, Section 100-30A.3
for approval of a deck addi-
tion with insufficient side yard
setbacks.
12. 8:35 p.m. Appl. 4247
HUGH T. and CAROL 1
CONROY. This is a reques
for a Special Exception t~
establish an Accessory Apart
ment in conjunction with th,
owner's occupancy within ex
isting residence as authorize~
under Article III, Sectio~
100-30A.2B and Sectio~
100-31B(14) of the Zonin.,
Code. Location of Property
Westerly side of Gin Lane
Southold, NY; also referred tt
as Lot No. 2 on the Subdivi
sion Map of Bay Haven file~
in the Suffolk County Clerkh
Office as Map 2910; furthe~
identified on the County Ta~
Maps as 1000-88-3-6.
13. 8:55 p.m. AppL No
dg'~cL ~l~R~,Agtl~T BES'I
AND ADYLYN SYVERSOIx.
This is a request for a varianc
under Article IliA, Sectio
100-30.1 based upon the Ma
2, 1994 Notice of Disapprovr
by the Building Inspector fo
approval of the proposed in
sufficient lot area and insuffi
cient lot width of propose,
Parcels No. I and No. 2. Loca
tion of Property: Private Roa~
No. 17 extending off th~
easterly side of Camp Mineol:
Road, Mattituck, NY; Coun
ty Tax 'Map Parcel No
1000-123-6-17. The subjec
premises contains a total Io
area of approxiinately 1.~
acres in total area and i:
located in the R-40 Low
Density Residential Zon,
District.
The Board of Appeals wil
at said time and place hear an:,
and all persons or represen
tatives desiring to be heard it
the above matters. Writtet
comments may also be sub
mitted prior to the conclusim
of the subject hearing. Eacl
hearing will not start befor,
the times designated above. Il
you wish to review the files ot
need to request more informa
tion, please do not hesitate tc
call 765-1809 or visit om
office.
Dated: May 23, 1994
BY ORDER OF THE
SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P. GOEHRINGER
CHAIRMAN
By: Linda Kowalski
1X-5/26/94(40)
qq
NOTICE OF
PUBIAC HEARINGS
TICE IS HEREBY GIVEN,
,Ec ut to Seclion 207 of thc Town
to nd Ire Code of the To,~n of
t is dd, that the Iollowing public
and HOLD TOWN BOARD OF
ipal ~LS, at the Soulhold Town
c. B 3095 Main Road, Southold,
trion )rk 11971, on WEDNESDAY,
§q. 1, 1994, commencing al the
Ire ~.LLON and CYNTHIA
~lcn- [' (ttearing Continued from
~94) This is a request for a
,;**od upon thc April 4, 1994
)isapproval from the
}ctor lo locate accessory
the front yard area
>pert>': 3200 Soundvicw
ALEX and MARl.., WIPF.
(Hearing Continued from May 4,
1994) This is a request for a variance
under Article IlL Section 100 33C for
permission to locate an accessory
garage with a fromyard setback at less
than the required 40 fl front yard set-
back. This parcel is nonconforming
with a lot area of approximately
22,000 sq, fl and frontage of 118 ft
Location of Property: 940 West Creek
Avenue, Cutchogue, NY; County Tax
Map Parcel No 1000-103 13-7
3. 7:40 p m Appl No. 4246--
LKC CORP. and JASTA, INC This
is a request for a Special Exception for
permission to establish a drinking
eslablishing use as listed under Article
XI, Section 100-10lB in an existing
principal building Thc subject premis-
es is nonconforming with a lot area of
approximalely one-half acre and 115-*
ft frontage along the norih side of the'
Main Road and is located in the B
General Business Zone District.
Property Address: 6955 Main Road,
Laurel, NY; County Tax Map No
4 7:50 pm Appl No 4245-
GEORGE and SUSAN TSAYARIS
This is a request for a variance under
Arlicle XXIIL Sec0on 100 2394A for
permission to locale swimmingpool
with fence enclosure within I/X) feel of
lhe bluff of the Long Island Sound
Location of Property: 2170 The
Strand, Lot 111 al Pebble Beach
Farms, East Marion, NY; Parcel 1D
No 1000-30-2 53.
5 7:55 p.m Appl No 4244SE -
DEPOT ENTERPRISES, INC This
is a request for a Special Exception. as
amended, to include approval for the
location and use of a proposed addi-
tion IO the exisling principal buikling
located at 320 Depot Lane, Cutchoguc,
Ne~ York The proposed addilion is
ational membership club and is located
in the Residential Office (ROI Zone
Districl Property ID No 1000-102 2-
6 8:05 pin Appl No 4249 -
SANFORD and SUE HANAUER
This is a request lot a Special Excep
tion to establish and operate a Bed aud
Breakfast in accordance with Ire pro
visions of the zoning code at Article
111, Seclion 100 31B(15b 'Mth owner
occupancy, and as an accessory to the
existing principal residence Location
of properly: 4105 Sound~iew Avenue,
Maltituck, NY; Counly Tax Map
Parcel No 1000-94-3 part bt 17, also
known and referred IO as Lot No 2 on
1he Subdivision Map of Robert and
Jean Lenzcr
7 8:10 pm. Appl No 4240 -
JOHN CROKOS This is arequest
for a xariance under Ar0cle XXIX.
Section 100-239 4A based upon thc
May 4, 1994 Notice o[ l)isapproxal
from Ihe Bndding Inspector for per
ndssion lo locale swimmingpool wdh
fence enclosure within 100 leek of the
blurt along thc Long Island Sound
This propertI was the subjecl of prior
Appeals under Appl No. 4204 as rea
dercd 12/8/93 and Appl No 4140 as
rendered 2/23/93. The subject prends
es is improxed wilh a single family
dwelling and contains an area nf
approximalcly 40,000 sq fl 1total [at
8 8:15 pm Appl. No 4241
RICItARD LAN This is a request for
15 (Tax Map Parcel No 1.4 tolals
1.088 acres). The subject premises is
9. 8:20 p.m Appl No 4243
MOORE'S LANE HOLDING
and Section 100-231, based upon the '.
May 4, 1994 Notice of Disapproval
from thc Building inspector for per-
mission to locate accessory uses (ten
his court, swimmingpool and pool
clubhouse) in an area olhcr than the
required rear yard, and with tennis-
court fencing at a heighl of more than
four feet when located in a front yard
area. Location of Property: 475
Cedarfields Drive, Greenport. NY:
County Tax Map Parcel No. 1000-40
5 1.42. Thc subject premises is located
in thc HamlebDensity Zone District.
10 & 11. 8:25 pin TONY and
MARIA KOSTOUEAS Location of
Property: 1035 Aquaview Avenue,
East Marion, NY; County Tax Map
Parcel No 1000-21 2-13 This prop-
erly is nonconfomring as to total lot
area in Ihis R-40 Zone District
Appl No 4098 (Conlinucd
Hearing) This is a request for a
variance under Article XXIII,
Section 100-2394 fi~r approval of a
deck extension located wilhin 100
feet of lhe bluff of the Long Island
YORK)
) SS:
~'OLK]
~ .... of Mattituck, in
ng duly sworn, says that he/she
:rk of THE SUFFOLK TIMES, a
per, published at Mattituck, in
~uthold, County of Suffolk and
rk, and that the Notice of which
I printed copy, has been regular-
said Newspaper once each week
ks successively, commencing on
UOARD OF APPEALS, TOWN OF SOUTHOLD
In the Malter ot the Petition of :
to the Board of A. ppeals of the Town of Southold :
YOU A~E HEREBY~IVEN NOTICE:
NOTICE
TO
ADJACENT
PROPERTY OWNER
I. Thai il is the inA¢~n___of the undersigned to petition the Board of Appeals of the Town of Sou~hnld
tore, ques!a(Variance)~ception~(Special Permit) (Other) [cJ, rcle choice ,
2. That the property which is the subiect of the Petition is located adiacent to your property and is des-
cribed as follows: ?ob (,~'~,~ ~,:~,~¢ . ~¢,u~ko\~( %q~, ~1~'-;t
. * '' ' f°ck' -o3. o Corn
3. That the property which is the subject, of such Petition is located in the following zoning district:
4 lha! % such Pelidon, the undersigned will request ~t~e following relief:~
5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the 'under-
signedare Article ~ I~ Section I o- o0. oo- 3lB-
[ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way.'
6. Thai within five days from ~he date hereof, a written Petition requesting ~he relief specified above will
be filed in the Sou~hold Town Clerk's Office a~ ~ain Road Sou~hold, 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 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 ~rtd be heard at such hearing.
Petitioner
OwnersI Names.~ \~,hL,l -q ~ (,L!!~=~_~ ,., ,
Post Office Address
~,.,';'~ (,,~ L.v~ ~ ~
Tel. No. ("i;q) ;1~'-t ~-
[Copy of sketch or plan showing proposal to be attached for convenience
purposes.]
NAM~
PROOF OF MAILING OF NOTICF
ATTACH CERTIFIED MAIL RECEIPTS
ADDRESS
Z 7~0 493 427
Receipt for
Certified Mail
No Insurance Coverage Provided
Do not use for International Mail
{See Reverse)
Postage
~er tif(ed Fee
$~eciaJ Delivery Fee
Restricted Delivery Fee
Return Recaller Showing
Whom & Date De
STATE OF NEW YORK )
COUNTY OF SUFFOLK)
, being duly sworn, deposes and says that on the ~ day
of ./"~g,~,..- ~ / , 19 _~_._, deponent mailed a true copy of the Notice set forth on the re-
verse side'her~f, directed to each of th~-' above-named persons at the addresses set opposite their r~pective
names; that the addresses set opposite H~e names of said persons are the addresses of said persons as shown on
the current ~essment roll ~ the Town of Souzhold; that said Notices were mailed at the United States Post Of-
riceat ~~ ~ · ;lhalsaid Notices were mailed lo each of said persons by
(certified)~egistered } mail. ~
/ ~ot~ry ~ublic ....
EDYTHE V. MULLEN
NOTARY PUBLIC, State of New Yo"k
No. 4895193
Qualified in Suffolk County
Commission Expires May 26, 18
(This side does not have to be completed on form transmitted to adjoining
property owners.)
UOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter o~ the Petition of :
to the Board of Appeals of the Town of Southold :
TO:
YOU ARE HEREBY GIVEN NOTICE:
NOTICE
TO
ADJACENT
PROPERTY OWNER
1. That it is the i937n3jp_n of tlje undersigned to petition the Board of Appeals of the Town of Sou[hold
to r~uest a (Variance)'-S~e~cial.~.~c__e?~!.0~n~(Special Permit). (Other) [c%r~le choice],
" /~, .'~¥', . ,' ~,-. Of'>~"~9, b~'"5 , ).
2. That the property which is the subject of the Petition is located adjacent to your property and is des-
3. That the property which is the subject of such Petition is located in the following zoning district:
4 1hat b'~ such Petiti,m, the undersigned will request tl~e following relief:.
$. That the provisions of the Southold Town Zoning Code applicable to the relief s_ought by the under-
signedare ~tzcle ~ ~ Section 10¢~-~o~.Z-~ f~01 ~oo 3lB-I't
[ ] Section 280-^, Ne~ York To~n La~ for' approval of access over' right(s)-of-~ay.'
6. Tha! within five days from the date hereof, a written Petition requesting the relief specified above win
be filed in theSouthold Town Clerk's Office at Main Road Southold, New York and you may then aod 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 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, arid be heard at such hearing.
Petitioner
Owners'Names:[\~,cL-I '~ /Jn~-'_~.~ !.. ,"
Post Office Address
[Copy of sketch or plan showing proposal to be attached for convenience
purposes.]
PROOF OF MAILING OF NOTICE
ATTACH CERTIFIED MAIL RECEIPTS
ADDRESS
Receipt for
~,~_ Certified Mail
No insurance Coverage provided
Do not use for international Mail
(See
STATE OF NEW YORK ) ss.:
COUNTY OF SUFFOLK)
d~ ~ ~ , being duly sworn, deposes and says that on the / ~/~/day
o~ '~'Jq//~/ - ' CO' , 19 ~, deponent mailed a true copy of the Notice set forth on ~he re-
verse ~id.e~J~ereof, directed to each of the a~ove-named persons at the addresses set opp.osate thmr respective
names; teat the addresses set opposite the names of said persons are the addresses of sa~d persons as shown on
the currentAssessm~ent roll of the Town of Southold; that said Notices were mailed at the United States Post Of-
fice at ~e.~z~/'~-~--- D~:/ ' .; that said Notices were mailed to each of said persons by
(certified) (registered) mail.
Sworn to before me th' / --
/' ' Notary Public
EDYTHE V. MULLEN
NOTARY PUBLIC, State of New Yo~k
No 4895193
C~u~lHied in Suffolk County
~,,.i,n~er~ I=xp~res Ma'/26, 19
(This side does not have to be completed on form transmitted to adjoining
property ownerS.)
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter ot the Petition of
to the Board of Appeals of the Town of Southnld
YOU ARE HEREBY GIVEN NOTICE:
NOTICE ~'~
TO
ADJACENT
PROPERTY OWNER
1. That it is the inter, lion of the undersigned to petition the Board of Appeals of the Town of Sou[hold
to request a (Variance)~Peci-~i'E~xception~(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-
3. That the property which is the subiec{ of such Petition is located in the following zoning district:
4 lhal h~, soch Peliti~m, the undersigned will request the following relief:. "~
~cc''~''%("} ~P~'~',¢c.-i ~, ~:~ c o co,,& ~-lO~e ~
I~¢c e~ v-ex
$. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signedare t~-ta, cle ~ ~ Section 100- 30~,l-~ f~4xC~ ~OO - 3}[3- lq
[ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way.'
6. That within five da~,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) 765-1809.
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 the date of such
hearing in the Suffolk Times and in the Long Island Traveler. Mattituck Watchman, newspapers published in the
Town of 5outhold and designated for the publication of such notices; that you or your representative have the
right to appear/arid ,be,heardf at such hearing.
oa,ed: ,::'i /:;
Petitioner
0~ners'Names:[\~l,, l,
Post Office Address
Tel. No. {")~'.~ ) q~'-t ~'
[Copy of sketch or plan showing proposal to be attached ~r convenience
purposes.]
NAME
PROOF OFMAILINGOFNOTICF
ATTACH CERTIFIED ~L~IL RECEIPTS
ADDRESS
~ 493 428
Receipt for
Certified Mail
No Insurance Coverage Provided
Do not use for International Mail
(See Reverse)
Stleet and No
P 0 tale and Z~P ode
Restricted ~fivery Fee
Return Receipt Showing
Retu ' S o g Whom,
Postmark
STATE OF NEW YORK )
COUNTY OF SUFFOLK)
SS.:
-~-~Y]'~//~ - , ' g V , ep y t on the
o~ , 19 ..~.~c_-, deponent mailed a true copy of the Notice set forth on the re-
verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective
names; that the addresses set opposite thc names of said persons are the addresses of said persons as shown on
the current~sscssment roll of the Town of Southold; that said Notices were mailed at the United States Post Of-
fice at ~-~w,,~T~(~/...... /]7 / L,/ ,' ; that said Notices were mailed to each of said persons by
(certified) {registered) mail/
Sworn toJgcfore me this /
Notary Public
EDYTHE V. MULLEN
NOTARY PUBLIC, State of New yo'k
No. 4895193
Qualified in Suffolk County
Commission Exp,res May 26, 19~
(This side does not have to be
property owners.)
completed on
form transmitted
to adjoining