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HomeMy WebLinkAbout4197 APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wil~on Telephone (516) 765-1809 BOARD OFAPPEALS TOWN OFSOUTHOLD FINDINGS AND DETERMINATION SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 F~x (516) 765-1823 Telephone (516) 765-1800 Appl. No. 4197-SE. Application of HARLEY B. ARNOLD for a Special Exception as provided by Article IIIA, Section 100-30A.2B approving an Accessory Apartment use in conjunction with owner's residenc-F in this existing dwelling situate at 1455 Albo Drive, Laurel, NY; County Tax Map Parcel No. 1000-126-3-16. WHEREAS, a public hearing was held on October 18, 1993, at which time those persons who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board made the following Findings of Fact: 1. By this application, appellant is requesting a Special Exception to the Zoning Ordinance, Article III-A, Section 100-30A.2, Subsection B{1} and Article III, Section 100-30B(14) for permission to establish "Accessory Apartment" use within the same footprint of the existing principal structure, as more particularly shown on the sketched map and floor plans 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 32,670 sq. ft. and road frontage along the easterly side of Albo Drive of 126.27 feet as shown on the August 16, 1993 survey prepared by Roderick VanTuyl, Licensed Land Surveyor. 3. The subject premises is improved with an one-story (split-level) framed dwelling structure and attached garage, upper deck at the rear of the dwelling and concrete (patio) area(s). The setbacks of the dwelling footprint scales out to be: (a) 30 feet from the northerly side property line (b) 45+- feet from the southerly side property line; (c) 40+- feet from the front property line along Albo Drive, all at their closest points. ~Page 2 - October 18, 1993 Matter of MR. AND MRS. HARLEY ARNOLD Appl. No. 4197 Special Exception 4. The requested "Accessory Apartment" is shown to be 21 ft. by 23 ft., or 483 square feet of livable floor area on the first floor level behind the garage area of the dwelling structure. The remaining floor area to be retained as the principal single-family residence of the owner will be approximately 1792+- square feet, or 79 percent of the total existing living 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 IIIA, Section 100-30A.2(B-1) (ref. Article III, Section 100-31B(14), permits the establishment of this use 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 the following Certificates of Occupancy and Building Permits were issued for the dwelling construction: a) Certificate of Occupancy #Z-2016 dated October 29, 1964 issued for a "private one family dwelling," and conforming to Building Permit No. 2472Z dated July 28, 1964; and b) Certificate of Occupancy #Z-15294 dated Feb- ruary 24, 1987 issued for a "deck addition to existing one family dwelling" and conforming to Building Permit No. 15269Z dated September 17, 1986; and c) Certificate of Occupancy #Z-16047 dated August 14, 1987 issued for an "inground swiming pool and fence" and conforming to Building Permit No. 15476Z dated November 8, 1986; and d) Certificate of Occupancy #Z-22609 dated Septem- ber 23, 1993 for an "addition and alteration to existing one family dwelling as applied for" and conforming to Building Permit #21320-Z dated April 8, 1993. 6. The provisions of the zoning code pertaining to parking also requires a total of four (4) parking spaces: two parking spaces for the one-family principal use and two parking spaces for the proposed Accessory Apartment. (The existing, available one-car garage is permissible under the code to be allotted as one parking space.) 7. 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. Page 3 - October~, 1993 Matter of MR. AN~RS. HARLEY ARNOLD Appl. No. 4197 - Special Exception 8. 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; (d) the use is in harmony with and will promote the general purposes and intent of zoning. Accordingly, on motion by Member Wilton, seconded by Mr. Goehringer, it was RESOLVED, that the request for a Special Exception for an "Accessory Apartment" in the Matter of MR. AND MRS. HARLEY ARNOLD under Appl. No. 4197, BE AND HEREBY IS APPROVED SUBJECT TO COMPLIANCE WITH SUBSECTIONS (a) through (q) of §100-31B14 OF THE SOUTHOLD TOWN ZONING CODE and as follows: 1. Subsections (a thru q) of Section 100-31B(14), Article III, of the Zoning Code must be complied with. 2. The size of the main dwelling unit shall not be less than 60 percent of the total existing floor area, or 1365 square feet; 3. The accessory apartment not exceed 40 percent of the livable floor area of the existing dwelling unit, or 910 sq. ft. 4. There shall be no outside stairwells for either dwelling unit (only interior stairs or other interior access for entering or exiting the residence) as required by Subsection (i), Section 100-31B(14). Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio, and Wilton. {Member Villa was absent (out-of-town)}. This resolution was duly adopted. /i ECEIVED AND FILED GERARD P. GOEHRINGER, CHAIfl/~AN APPEALS 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 NOTICE OF PUBLIC HEARINGS SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, 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 APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on MONDAY, OCTOBER 18, 1993 commencing at the times specified below: 1. 7:30 p.m. Appl. No. 4193 - NICK CYPRUS for a Variance to the Zoning Ordinance, Article XXIV, Section 100'244B for permission to construct garage addition with a reduced westerly side yard at less than the required 10 feet, and total sideyards at less than 25 feet. Drive, Mattituck, NY; The ~ubject premises an area of approximately 18,500 square feet, Low-Density Residential Zone District. Location of Property: 1100 Sound Beach County Tax Map Parcel No. 1000-99-1-4.1. is a nonconforming, substandard lot having located in the R-40 2. 7:35 p.m. Appl. No. 4197 - Application of HARLEY B. ARNOLD for a Special Exception as provided by Article IIIA, Section 100-30A.2B approving an Accessory Apartment use in Pag~ 2 - Notice o~arings Southold Town Boar~ of Appeals Regular Meeting of October 18, 1993 conjunction with owner's residency in this existing dwelling situate at 1455 Albo Drive, Laurel, NY; County Tax Map Parcel No. 1000-126-3-16. 3. 7:40 p.m. Appl. No. 4194 - Application of RACHEL VOEGELIN for a Variance to the Zoning Ordinance, Article III, Section 100-33 for an accessory satellite dish structure, as installed, in the southerly yard area (known as front yard area under the zoning definitions). Location of Property: 58473 (ROW off) Main Road, Southold, NY; County Tax Map Parcel No. 1000-55-6-33.2. 4. 7:45 p.m. Appl. No. 4192 ROGER AND MADELYN STOUTENBURGH for a Variance to the Zoning Ordinance, Article XXIII, Section 100-231A, for approval of man-made berm, as situated, with a height in excess of four feet from ground level at 505 Skunk Lane, Cutchogue, NY; County Tax Map Parcel No. 1000-97-4-3. 5. 7':50 p.m. Appl. No. 4191 - BECKY JOHNSTON for a Variance under New York Town Law, Section 280-A, for acceptance of minimum standards of improvements over new easement right-of-way areas, as modified since the prior Appeal Hearing and Determination rendered under Appl. No. 3478 on 9/11/86. Location of Right-of-Way or Easement Area: Commencing at a point along the north side of Oregon Road, Cutchogue, along the ~ag% 3 - Notice o~arings outhold Town Boar~ Of Appeals Regular Meeting of October 18, 1993 westerly side of lands of Bokina, over lands now or formerly of William J. Baxter and others identified as Lot 1.9, Block 1, Section 72, extending northerly approximately 1035 feet, to a point, thence running in an easterly direction approximately 563 feet to the applicant's parcel of land identified as Lot 1, Block 2, Section 73, District 1000, all as shown by survey amended June 17, 1992, prepared by Roderick VanTuyl, P.C. 6. 7:55 p.m. Appl. No. 4196 - Application of ALLEN OVSIANIK. Request for a Variance under Article XX, Section 100-10lC for permission to place canopy-type sign at westerly side of existing principal building to advertise "Eastern Tire, Wheel Alignment, Mufflers". Location of Property: 32930 Main Road and easterly side of Eugene Road, Cutchogue, NY; County Tax Map Parcel ID No. 1000-97-2-15 and 16.5, containing a total combined lot area of 1.85 acres, a portion of which is located in the "B" General Business Zone District, and the remaining portion in the "R-80" Residential Zone District. 7. 8:00 p.m. Appl. No. 4195 - Application of PETROL STATIONS, LTD. Request for Variance to the Zoning Ordinance, Article VII, Section 100-72 for approval of more than one principal use on proposed Lot No. 4 of 39,219+- sq. ft. (exclusive of right-of-way area). Applicant is also before the Southold Town Planning Board for a four-lot minor subdivision. The premises · Pag~ 4 - Notice o~arings Southold Town Board of Appeals Regular Meeting of October 18, 1993 presently contains a total lot area of 5.835 acres and is improved with: (a) the northerly building which was converted in 1988 from a barn for the storage of antiques to an architect's office as shown on the site plan map prepared by Samuels-Steelman, approved by the Planning Board 12/14/87; (b) the front main building utilized as a single residence and a real estate office; (c) a separate garage structure; (d) a separate shed. Location of Property 25235 Main Road, Cutchogue, NY; County Tax Map Parcel No. 1000-109-1-23. 8. 8:15 p.m. Appl. No. 4198 - DR. GEORGE KOFINAS. Variance to the Zoning Ordinance, Article XXIII, Section 100-231(A) for approval of fence height above four feet, as exists. Location of Property: 552 East Road, CutchOgue, NY; County Tax Map Parcel No. 1000-110-7-18.2. 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 call 765-1809 or visit our office. Dated: October 4, 1993. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski TOWN OF SOUTHOLD, NEW YORK ACCESSORY APARTMENT APPLICATION FOR SPECIAL EXCEPTION TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK: Application NO. L/L//q7 Date Filed: /~///~ ~ House No. and Street (Raml~, State, Zip Code) hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE, ARTICLE ~ , SECTION I00-~,~, SUBSECTION ~ ~0 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. ~/'~/ /'~' fo ,To~ T, ,~A,~OLI~ ~ (~re) the owner(s) of property known and referred ' as ~ ~CRO ~ ~ '(House No., S[reet, Hamlet) identified on the Suffolk County Tax Maps as District 1000, Section /~, Block ~ , Lot /~ , which is (is not) on a subdivision map (Filed ~p of "Filed M~ ). 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: ~Oo~D~ ~K~6PT FOR ~DDf~/~ o~ ~/TC~ ~/~) ~T~ C. In addition to meeting the standards prescribed by the zoning ordinance, the following requirements will be ~t: 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 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. 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 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. 11. 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. COUNTY OF SUFFOLK) STATE OF NEW YORK) ss.: The property which is the subject of this application is zoned~ [ ] has not changed since the issuance of the Certificate of Occupancy attached. [J~/] has changed or received additional building permits, and Certificates of Occupancy for these changes are attached or will be furnished. Sworn to before me this day of (Notary Public){ ZB5 2/6/86 ~4~LA~E V. BROWN No. 4~07~2 OWNER ' F/oRMER-o~'NER TOWN OF SOUTHOLD PROPERTY ' ~'~ : ~ " RECORD CAR~~~ LAND f~ aa VILLAGE SUB. LOT ~ . ,, STRE~ I~ES. ~,?/) SEAS. VL. FARM COMM. CB. MISC. Mkt. Value MP. TOTAL DATE REMARKS 3".~ o o · -/, v/~?/ AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Tillable 1 Value Per Value Acre Tillable 2 Tillable 3 ACR.~/J TYPE OF BUILDING Woodland Swampland FRONTAGE ON WATER Brushland FRONTAGE ON ROAD Iqouse Plot DEPTH . : DOCK COLOR M. Bldg. Extension Extension Extension Foundation ¢ ~ Bath Basement Floors Ext. Walls Fire Place Type Roof Porch Recreation Room Garage ~27~ Dormer Driveway Patio O.B. i, Interior Finish Heat Rooms 1st Floor Rooms 2nd Floor KDinette LR. DR iBR. 'FIN. B. ~ Iml~mml I~mm ~ml nm ~ l~'e~meL e~d ae t~ be~ I~ II~e Io me a~mgnees a/me ix:~g Inst. S"JF~'~J T.A~ ~-'~AF .nAr& FORM NO. 4A TOWN OF SOUTNOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF COMPLIANCE No 3 Date FEBRUARY 24, 1994 THIS CERTIFIES that the ACCESSORY APARTMENT Located on Property 1455 ALBO DRIVE MATTITUCK, NEW YORK House No. Street Hamlet County Tax Map No. 1000 Section 126 Block 3 Lot 16 conforms to the Zoning Board of Appeals requirements, pursuant to which APPROVAL #4197 dated October 18~ 1993 was granted. The certificate is issued to of the aforesaid dwelling. HARLEY & JOYCE T. ARNOLD (owner) SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. N/A PLUMBERS CERTIFICATION DATED N/A THIS CERTIFICATE EXPIRES ONE YEAR FROM DATE OF ISSUANCE. APPEALS 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 January 10, 1994 Town Hall, 53095 Main Road P.O. Box 1179 Southeld, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Mr. Harley Arnold 1455 Albo Drive, Box 48 Mattituck, NY 11952-0048 Re: Appl. No. 4197 - Accessory Apartment Dear Mr. Arnold: Thank you for sending a copy of the written lease for the occupancy of your Accessory Apartment which was approved recently to us for our permanent file. For your convenience and as a follow-up, we enclose the Building Department's form for your signature in order that an annual inspection may be made for the issuance of a Certificate of Compliance. Please return this form with the $25.00 renewal fee to the Building Department. These may be mailed or returned in person. Once an inspection has been made and passed, the Town would then be in a position to issue a Certificate for the actual occupancy of the Accessory Apartment area. Should you have any questions, please feel free to call Georgia in the Building Inspector's Office at 765-1802 (or Linda of our office). Very truly yours, lk Enclosures cc: Buildin§ Department GERARD P. GOEHRINGER CHAIRMAN CONSENT TO INSPECTION Harley Arnold , , the undersigned· Oxvner (s) Name(s) do(es) hereby state: That the undersigned (is) (~g~) the owner(s) of the pr~mises in the Town of Southold located at · which is shown and designated on the Suf~o[~ County tax map as District 1000, Section l?~ ,' Block 3 , Lot 16 That the undersigned (has) (~ filed, or caused to be filed, ~n applica- tion in the Southold Town Building Inspector's Office for the following: Occupancy of Accessory Apartment in Existing One-Fa~ily::-O~elling ZBA Application No. 4197-SE issued October 18, 1993. -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 an.d regulations of the Town of Southold. The undersigned, in consenting to such inspections, do(es) so with the knowledge and understanding that 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 Town of Southold. (Please attach copy of lease for Accessory Apartment.) Dated: January : 1'99 (signature) Harley Arnold ~- ~1~3 (print name) (signature) (print name) LEASE AGREEMENT The Landlord and Tenant agree to lease the Apastment at the Rent and for the Term stated on these terms: LANDLORD: ........................ TENANT: ......... ...................... ....... ................................................ .... Apartment (and terrace, d any) .................... at ......... ~.~1.[/.~..../ .... .~ ..... .~'~'~q/~-~-/~---_..J~..... 19..~..~ bes~ng...~~~l~]. I Rent $..~.~. Brok~~ The Apartment must he used only as a private Apartment to llve 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 pussession of the Apartment on the beginning date of the Term; Rent shall be payable as of th.e beginning of the Term unless Landlord is unable to give possession. Rent shall then be pay- able as of the date possession ts available. Landlord will notify Tenant as to the date posse~ion is available. The ending date of the Term will not change. 3. Rent, added rent · The rent payment for each month must be paid on th~ first day of that month at Landlord's address. Lendlord need not g~ve notice to pay the rent. Rent must be paid in full ~d t~0~ fimount su~racted from it. The first month's rent is to be paid when Tenant signs this Lease. Tenant may be required ~o~ Other charges to Landlord under the terms of this Lease. They are to be eaHed "added rent." This added rent is Pay~le [S tent, together with the next monthly rent due. If Tenant fails to pay the added rent on time, Land!ord shah have the se~ ~'il;hts against Tenant as if Tenant failed to pay rent. Pa'~ment of rent in installments is for Tenant s convenle.nce only~ If ~l'~an! defaults, Landlord may give notice to Tenant that Tenant may no longer pay rent in installments. The enhre re~t !or !he r"e~'~' alnlng part of the Term will then be due and payable· 4. 5eeurit,/ Tenant has gtven Seeurlty to Landlord t~ the amo~n( sta~ above. If Tenant fully comnlies with all of th~ tervn~ l~a~,orLda~Joruds~w~ r,.eturn.the Security after the .Term i,nds., If Tenant does not fully 'enmply with the te-r~;-~j-t'h"J; y .e e ~ecur~t.y to pay amounts olv~d byTSnSnt, including damages. If Landlord sells or leases the Buildmg, Landlord may gtve the Seeurtty to the buyer or les~e~. Tentt/~t ~ill lo0k only to the buyer or lessee for the return of the Security. Landlord will supply: (a) heat as required by law ahd (b) hot and cold water for bathroom and kitchen ~l,k- ping or reducmg of asrvtce(s) wall not be reason for Tenor to stop paying rent, to make a money claim or to claim evic- t~ien.,~Damage to th~ equipment or appliances supplied b~' L4tfldlo~d, caused by Tenant's act or neglect, may be repaired by ~anmord at Tenant s expense. The repair cost will be a~ded rent. Landlord may stop service of the plumbing, heating, elevator, air cooling or electrical systems, because of accident, emergen~cy, ?pairs, or changes, until the work is complete· If unable to supply any ~rvice because of labor trouble, Govern- meat oruer, tack of fuel supply or other cause not controlled by Landlord, Landlord ts 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." II an inventory is supplied each party shall' beve a signed copy· 7. Repairs, &lterntlona · T~en~nt must kee~, and at th, e end o~ the term return the Apartment and all appliances, equipment, furniture, furnish. rags ann Other personatproperty ciean ann in good order and repair. Tenant is not responslble for ordinary wear and dam- age by the elements. If Tenant defaults, Landlord has the right to make repairs nnd charge Tenant the cost. The cost will he added to and payable as rent. Tenant must not alter, decorate, change or add to the Apartment. 8. Fire, eeeident, defects, damage Tenant must give Lendlord proml~ notice of fire, accident, damage or dangerous or defective condition. If the Apart- meat 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 deoid.e which part of the Apartment is usable. Landlord need only repair the damaged strudurel parts of the Apartment. Land- lord ts not required to repair or replace any equipment, fixtures, furnishings or decorations unless originally installed by Landlord. Lanolord is not responsible for delays due to settling insurance claims, obtninin~ estimates labor --Jo-- , ~, ...... ~,p,y pro,,- lems or any other cause not fully under Landlord s contrnL If the fi~'e, or. other casualty is caused by. an act or neglect of Tenant or gust of Tenant, or at the time of the fire or casualty Tenant is ~.n default·in any term of rids Lease, then all repairs will be made at Tenant's expense and Tenant must pay the full re~t w~th no edIustment. 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 sf the Apartment is ,not damaged, Lundin. rd 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 a.H rent due to the date of the fire or casualty. If the Lease is cancelled Landlord is not required to repair the Apartment or Budding. *Il no broker, imert ~None." '~'9. Liability los~s, Landlord is not liable for ex T · , txpense, or damage to any person or property, unless due to Landlord's negligence. chant must pay tar uamages suffered and money spe~.,t by .La. ndlord relating to any claim arising from any act or neglect of Tenant. Tenant is responsible for all acts of Tenant s family, employees, guests or invltees. 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 assigu 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 ~aid by a lender, and (d) terms, conditions, renewals, changes of any kind and extensions of the mortgages or leases or sender 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 Buildingls taken or condem.n, ed by a legal authority, the Term, and Tena.n.t's rights shall end as of the date the authority takes title to the Apartment or Braiding If any part of the Aparlment 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 7tram the date of the not ce. 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 regulations enant must, at Tenant s expense, promptly comply w~th all laws, orders, rules, re uests and directions . ernmental authorities, Landlord's insurers, Board of Fire Underwriters, or similar ~r,~um q~uA, L- -_ : ~ , g. of a!l,gov any authority or group must bepromp~tly delivered to Landlord. Tenant may not do anything which may increase Landlord's insurance premiums. H 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: !. 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. TenantB.~f.,~e. na. nt, fails.t? corr.eet t.he d, efau]ts ~n section A. within the 5 days, Landlord may cancel the Lease by giving . a .n..en o uny nonce stating the unto the term will end. On that date the Term and Tenant's rights in this Lease auto- matically end and Tenant must leave the Apartment and give Landlord the keys Tenant continues to be res nsthle for rea expenses, damages and losses. · po ' t, 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 ~e Lea. s,e is. eh,al, ed,or Landlord takes hack the Apartment, rent and added rent for the unexpired Term be- ,comes uue an.~ .pay~*e. ~anmora may re-rent the Apartment and anything in it for an Term Landlord ma re-rent for l,cw.e,r rent anu give auowances to the new Tenant Tenant shah be enan include the cost of renalr~ decorations b:"- ' ' .. r, ~ .... ~'*~.-?,oruscest olre-rentmg, t~anmordscost . -. , ro*~er s leeS, auorney s tees, auvertxs~ng and preparation .for renting. Tenant shall continue to be responsible for rent, expenses, damages and losses. Any rent received from the re-rent~n sh to the reduction of money Tenant owes. Tenant walv,~ ,*11 ~ h, ...... . g . all he applied Landlord by a Court. _ ........... g-.s ~o return m tne apartment attar poseession is given to the 16. Waiver of jury, counterclaim, set off Landlord and Tenant waive trial by a jury in any matter which comes up between t~e parties under or because of this Lease (except for a Personal in|ur~ or eranertv damasks. T · - .... -o ........;. In a proceeding to get possession of the Apartment, chant shall not have the right to make a counterclaim or set off. 17. Notices Any hill, statement or notice must be in writing. If to Tenant, it must be delivered or mailed to the Tenant at the Apartment. if to Landlord it must be mailed to La dlord s address. It wall 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, lllegaBty 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 netition or an in Petition is filed against Tenant under any bankruntcv or m~fllv~.o- ! '*" . .~ voluntary propertv is anr~inted Landl~-t ~-.. -'L ,v ~ 4,,~i ...... ?;.~y I~aw, art?! a trustee or receiver of Tenant or Tenant's aba / _ '.rt.~ ,. ,. , ,,Z.~.,-~y t~.ve, tenant no uays notice ox cencenation of the Term of this Lease. If an ye is. no.t m,y ol.smisseu w~thm the 30 flays, the Term shall end as of the date stated in the notice *r ........ _y..of t.he pay rent, ~tamages, ~osses 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 nno°tr~hf~c~nRdeU~e~h~sgeai~SutleOst.her Tenants. Landlord is not liable to Tenant if another tenant violates these Rules. Tenant receives (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 Nothln,- m*~ walls of the Apartment or in the hallways or puhli~ar~s.*'~ placed on or attached to tlre escapes, sills, windows or exterior (3) Tenant must give to Landlord keys to all locks. Locks not be changed or additional locks installed. Doors must be locked at all times. Windows must bo locked when Tenant~saYout. (4) Apartment floors must be covered by carpets or mO. No waterbeds are allowed in Apartments. (5) Dogs, cats or other animals or pets are not allowed in the Apartment or Building. intended purpose. theirN° use(7)atLaundrYany time.machines' used at Tenant's risk and cost. lnstructioOust be followed. Landlord may stop (8) Moving of furniture, fixtures or equipment must be scheduled with Landlord. Tenant must not send Landlord's employees on personal errands. (9) Improperly 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 Building from the outside. (11) Tenant shall conserve energy. (12) Tenant may not operate manual elevators. Smoking is not permitted in elevators. Messengers and trade people must anly 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. L,,-dlord ,,n,,ble to pedorm If due to labor trouble, government order, lack of supply, Tenant's act 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, (nj make any required repair or change in the Apartment or Building, or (dj supply any equipment or appliances, this Lease shaB not be ended or Tenant's obligations affected. 23. End of term At the end of the Term, Tenant must: leave the Apartment clean and in good conditiou, subject to ordinary wear and tear; remove all of Tenant's property and ali Tenant's installations and decorations; repair all damages to the Apartment and Buildin8 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 enjo~ent 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 requise~ 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 blndina on This Lease is binding on Landlord and Tenant and those that lawfully succeed to their rights or take their place. 28. !~.-dlord Landlord means the owner, or the lessee of the Building, or a lender in posse.sion. Landlord's obligations end when Landlord's interest in the Building is transferred. Any acts Landlord may do ma)' 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. 31. 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, thc furniture and other furnishings are accepted "as is.' If 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 Lense. Landlord and Tenant have signed this Lease an of the date at the top. APPEALS BOARD MEMBERS Gerard P. C~oehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD MEMORANDUE SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO: FROM: DATE: SUBJECT: Assessor's Office Attention: Scott Russell, Chairman Board of Appeals January 13, 1994 Accessory Apartment Conversions (Pending Approvals) For your property card update, please find attached a floor plan for 1000-126-3-16 which was recently approved by the Board of Appeals for an Accessory Apartment. Please note that the: Accessory Apartment is shown to be 910 sq. ft. Main Dwelling Unit 1365 sq. ft. We are sending this to you for informational purposes only, and you may keep the attached for your record for future reference as needed. It is our understanding that the permits for occupancy will be filed this week. (The assessor's card makes reference to a one-story dwelling with 1416 sq. ft. of living area. Our understanding that the total living area would be in the area of 2,275 with the garage conversion.) Please let us know if the square footage calculations used or proposed are incorrect. Thanks for your help. Attachment '0 APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD November 3, 1993 SCOTTL. HARRIS Supervisor Town Hall, 53095M a inRoad RO. Box l179 Southold, NewYork 11971 Fax(516) 765-1823 Telephone (516)765-1800, Mr. and Mrs. Harley Arnold 1455 Albo Drive Mattituck, NY 11952-0048 Re: Appl. No. 4197 - Accessory Apartment (S.E.) Dear Mr. and Mrs. Arnold: Please find attached a copy of con~nunications transmitted to our office from the Suffolk County Department of Planning after their review in accordance with the Suffolk County Administrative Code for projects located within 500 feet of estuaries and creeks of the Peconic Bay area and its tributaries (Horton's Creek). You will note that the County has left this project for local (Town) determination. This copy is for your update and recordkeeping. Very truly yours, Enclosure Linda Kowalski DEPARTMENT OF PLANNING COUNTY OF SUFFOLK ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE NOV - 3 19°J3 STEPHEN M. JONES, A.I.C.P. DIRECTOR OF PLANNING November 1, 1993 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Arnold, Harley B. 4197 Very truly yours, Stephen M. Jones Director of Planning G~N:mb S/s Gerald G. Newman Chief Planner H. LEE DENNISON BUILDING · VETERANS MEMORIAL HIGHWAY · HAUPPAUGE. NEW YORK 1 17B8 · (516) EB3-BI~2 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa ~e~ eCp~oCnde (~ 1 6 )~ 615~- ~P0 9 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (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 Cumutssion: Variafice from th~ Zoning Code, Article , Section __ Variance from Determination of Southold Town Building Inspector XX Special Exception, Article IIIA , Section 100-30A.2B __Special Permit Appeal No: 4197 Applicant: Harley B. Arnold Location of Affected Land: 1455 Albo Dr., Laurel, NY No.: ]000- 126-3-16 County Tax Map Item Within 500 feet of: XX Comments: 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 County, State or Federal Park or other Recreation Area Existing or Proposed Right-of-Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines, or Within One Mile of a Nuclear Power Plant __ Within One Mile of an Airport Applicant is requesting gt~:RRkR~tR.~ approval of Copies Dated: of Town file and related documents enclosed for your review. October ~///ffJ mPage 3 - October 18, 1993 Matter of MR. AND MRS. F~kRLEY ARNOLD · ~ppl. No. 4197 - Special Exception 8. 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; (d) the use is in harmony with and will promote the general purposes and intent of zoning. Accordingly, on motion by Member Wilton, seconded by Mr. Goehringer, it was RESOLVED, that the request for a Special Exception for an "Accessory Apartment" in the Matter of MR. AND MRS. HARLEY ARNOLD under Appl. No. 4197, BE AND HEREBY IS APPROVED SUBJECT TO COMPLIANCE WITH SUBSECTIONS (a) through (q) of S100-31B14 OF THE SOUTHOLD TOWN ZONING CODE and as follows: 1. Subsections (a thru q) of Section 100-31B(14), Article III, of the Zoning Code must be complied with. 2. The size of the main dwelling unit shall not be less than 60 percent of the total existing floor area, or 1365 square feet; 3. The accessory apartment not exceed 40 percent of the livable floor area of the existing dwelling unit, or 910 sq. ft. 4. There shall be no outside stairwells for either dwelling unit (only interior stairs or other interior access for entering or exiting the residence) as required by Subsection (i), Section 100-31B(14). Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio, and Wilton. ~Member Villa was absent (out-of-town)}. This resolution was duly adopted. lk APPEALS BOARD MEMBERS Gerard lq. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OFAPPEALS TOWN OFSOUTHOLD October 28, 1993 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Mr. and Mrs. Harley Arnold 1455 Albo Drive Mattituck, NY 11952-0048 Re: App1. No. 4197 - Special Exception (Accessory Apartment) Dear Mr. and Mrs. Arnold: Attached please find a copy of the Board's Findings and Determination concerning your request for an Accessory Apartment within your residence building. Please be sure to return to the Building Department to meet Conditions No. 100-31(k) and (b) concerning issuance of a Certificate of Compliance and submission of a copy of a written lease for one or more years for record. We are attaching a copy of subsections (a thru q) of the zoning law which pertain to this Accessory Apartment for your use. You should note that if your property is transferred to new owners, the permits for the Accessory Apartment will expire and the new owners must re-apply. Also, since this project is located within 500'of a County or State Road, a copy of this file has been forwarded to the Suffolk County Department of Planning in accordance with the County's referral requirements in the Administrative Code. We will furnish you with a copy of their comments, when received from the County. Please do not hesitate to call if you have any inquiries. Very truly yours, Linda Kowalski Enclosure~ Copies of Decision to: .Building Department Suffolk County Department of Planning APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF $OUTHOLD FINDINGS AND DETERMINATION SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Appl. No. 4197-SE. Application of HARLEY B. ARNOLD for a Special Exception as provided by Article IIIA, Section 100-30A.2B approving an Accessory Apartment use in conjunction with owner's residency in this existing dwelling situate at 1455 Albo Drive, Laurel, NY; County Tax Map Parcel No. 1000-126-3-16. WHEREAS, a public hearing was held on October 18, 1993, at which time those persons who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board made the following Findings of Fact: 1. By this application, appellant is requesting a Special Exception to the Zoning Ordinance, Article III-A, Section 100-30A.2, Subsection B{1) and Article III, Section 100-30B(14) for permission to establish "Accessory Apartment" use within the same footprint of the existing principal structure, as more particularly shown on the sketched map and floor plans 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 32,670 sq. ft. and road frontage along the easterly side of Albo Drive of 126.27 feet as shown on the August 16, 1993 survey prepared by Roderick VanTuyl, Licensed Land Surveyor. 3. The subject premises is improved with an one-story (split-level) framed dwelling structure and attached garage, upper deck at the rear of the dwelling and concrete (patio) area(s). The setbacks of the dwelling footprint scales out to be: (a) 30 feet from the northerly side property line (b) 45+- feet from the southerly side property line; (c) 40+- feet from the front property line along Albo Drive, all at their closest points. ~age 2 - October I, 1993 Matter of MR. AN~RS. HARLEY ARNOLD Appl. No. 4197 - Special Exception 4. The requested "Accessory Apartment" is shown to be 21 ft. by 23 ft., or 483 square feet of livable floor area on the first floor level behind the garage area of the dwelling structure. The remaining floor area to be retained as the principal single-family residence of the owner will be approximately 1792+- square feet, or 79 percent of the total existing living 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 IIIA, Section 100-30A.2(B-1) (ref. Article III, Section 100-31B(14), permits the establishment of this use 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 the following Certificates of Occupancy and Building Permits were issued for the dwelling construction: a) Certificate of Occupancy #Z-2016 dated October 29, 1964 issued for a "private one family dwelling," and conforming to Building Permit No. 2472Z dated July 28, 1964; and b) Certificate of Occupancy #Z-15294 dated Feb- ruary 24, 1987 issued for a "deck addition to existing one family dwelling" and conforming to Building Permit No. 15269Z dated September 17, 1986; and c) Certificate of Occupancy #Z-16047 dated August 14, 1987 issued for an "inground swimming pool and fence" and conforming to Building Permit No. 15476Z dated November 8, 1986; and d) Certificate of Occupancy #Z-22609 dated Septem- ber 23, 1993 for an "addition and alteration to existing one family dwelling as applied for" and conforming to Building Permit #21320-Z dated April 8, 1993. 6. The provisions of the zoning code pertaining to parking also requires a total of four (4) parking spaces: two parking spaces for the one-family principal use and two parking spaces for the proposed Accessory Apartment. (The existing, available one-car garage is permissible under the code to be allotted as one parking space.) 7. 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. . ~age 3 - October m, 1993 · ,Matter of MR. AN~RS. HARLEY ARNOLD '' Appl. No. 4197 - Special Exception 8. 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; (d) the use is in harmony with and will promote the general purposes and intent of zoning. Accordingly, on motion by Member Wilton, seconded by Mr. Goehringer, it was RESOLVED, that the request for a Special Exception for an "Accessory Apartment" in the Matter of MR. AND MRS. HARLEY ARNOLD under Appl. No. 4197, BE AND HEREBY IS APPROVED SUBJECT TO COMPLIANCE WITH SUBSECTIONS (a) through (q) of ~100-31B14 OF THE SOUTHOLD TOWN ZONING CODE and as follows: 1. Subsections (a thru q) of Section 100-31B(14), Article III, of the Zoning Code must be complied with. 2. The size of the main dwelling unit shall not be less than 60 percent of the total existing floor area, or 1365 square feet; 3. The accessory apartment not exceed 40 percent of the livable floor area of the existing dwelling unit, or 910 sq. ft. 4. There shall be no outside stairwells for either dwelling unit (only interior stairs or other interior access for entering or exiting the residence) as required by Subsection (i), Section 100-31B(14). Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio, and Wilton. {Member Villa was absent (out-of-town)}. This resolution was duly adopted. lk FOKM NO. ~ ToWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. CERTIFICATE OF OCCUPANCY No..~..~Ol.6 ............ Date ............................. .0.C.~.Q~.e.~.....~.9.., 196.~.... THIS CERTIFIES that the building located at ..~D...~.~.e.~ ............................ Street Map No. ~ ............ Block No ....... ~ ........... Lot No. ~...-.~.~.~[.t...~.~.s ...................... ~ ..... conforms substantially to the Application for Building Permit heretofore filed Jn this office dated ...................................... ~[~.....~.~ ......... , 19.~... pursuant to which Building Permit No.~.~...~... doted ................................. ~[E.....~...., 19..~., was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is .... ?.. The certificate is issued to ;ta~i~..D.t...A~D.9~ Q~gr ~ (owner, lessee o; ................ te~nt) ~ .... of the aforesaid building. FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. Certificate Of Occupancy Z-15294 February 24 87 No · Date ' 19 THIS CERTIFIES that the building D e c k A d d i t i o n . Location of Property 1455 A.lbo Drive Laurel, New York ' H. ou~e No. Street Namle~ C tyT M N I000S ti 126 BI k .3 Lot 16 oun ax ap o. ec on ............ oc ............................... Subdivision ............................... Filed Map No ......... Lot No .............. conforms substantially to the Application for Building Permit heretofore f'fled in this office dated August 29, 19- -8 6 pursuant to which Building Permit No 15269Z ' September 17, 86 dated ............................. 19 .... was issued, and conforms to all of the rectuirements of the applicable provisions of the law. The occupancy for which tiffs certificate is issued ig ......... DECK ADDITION TO EXISTING ONE FAMILY DWELLING The certificato is issued to HARLEY & JOYCE ARNOLD ..................... ................... of the aforesaid building. Suffolk County Department of Health Approval........i...N/.A...... ...................... N/A' UNDERWRITERS CERTIFICATE NO ................................................ . . · '~ Buildingl p ......... Rev. 1181 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. Certificate Of Occupancy No. Z-16047 Date August 14, 1987 ----'"""~"--'-"~'~" ' ' u n,, aTl41c'~r~T~c~'laft'ie~'u:'c':n_ INGROUND SWIMMING POOL & FENCE L ..... 1215 Albo Drive Laurel, N.Y. ocauon ol l'roper[y .............................. ; ................................ House IVo. Street Hamlet County Tax Map No. 1000 Section I 26 .Block 03 .Lot 16 Subdivision ............................... Filed Map No ......... Lot No .............. conforms substantially to the Application for Building Permit heretofore filed in this office dated November 6, 1986 15476 Z ..................... pursuant to wtfich Buildiug Permit No ...................... dated November 8 1986 ................. : .......... was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ......... INGROUND SWIMMING POOL f FENCE Tbe certificate is issued to ARNOLD HARLEY ..................... [o~n'o'r. 'l~61e'dr't3/ta'/tl ...................... of the aforesaid building. Suffolk County Department of Health Approval N/a UNDERWRITERS CERTIFICATE NO. N 8 0 2 7 3 8 PLUMBERS CERTIFICATION DATED: N/A Building Inspector Rev. 1181 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No Z-22609 Date SEPTEMBER 23~ 1993 THIS CERTIFIES that the building. Location of Property 1455 ALBO DRIVE House No. County Tax Map No. 1000 Section 126 Subdivision ADDITION & ALTERATION Street Block 3 Filed Map No. LAUREL~ NEW YORK Hamlet Lot 16 Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated APRIL 2~ 1993 pursuant to which Building Permit No. 21320-Z dated APRIL 8~ 1993 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ADDITION & ALTERATION TO EXISTING ONE FAMILY DW~r.LING AS APPLIED FOR. The certificate is issued to of the aforesaid building. (owner) SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. N-287521 - AUGUST 25~ 1993 PLUMBERS CERTIFICATION DATED J~3LY 13~ 1993-GALE KASKE /~uildfng Inspector Rev. 1/81 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wil~on Telephone (516) 765-1809 BOARD OFAPPEALS TOWN OFSOUTHOLD October 4, 1993 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Dear -);~',,~. ~f_~: Enclosed with this letter is a copy of the Legal Notice, as published in the Town's official newspaper (Long Island Traveler-Watchman, Inc. located in Southold, NY). The Legal Notice outlines a generalized description of the application based upon the building inspector's determination, the location of the property, the time, date and place of the public hearing. Please have someone appear in your behalf at the time specified in the event there are questions (and to prevent a delay in finalizing your application). Your public hearing will not start before the time allotted in the attached Legal Notice. Additional time will, of course, be available. If your presentation is lengthy, a draft or final written copy is always appreciated. You may add any documentation to your file that you feel is appropriate to support your request. In the event you wish to amend your application for any reason, you must do so prior to the submission of the advertisement by our office in the official newspaper. An amendment to an application must be based upon an amended Notice of Disapproval from the Building Inspector and include other relief and other sections of the Code to be considered, and additional filing fee (if any). If the original application was advertised, a separate advertisement and hearing will be necessary for the amended documents. Please feel free to call our office if you have any questions or wish to update your file prior to the hearing date. Yours very truly, ~Linda Kowalski Enclosure Pre sent: PUBLIC HEARINGS BOARD OF ZONING APPEALS TOWN OF SOUTHOLD Monday, October 18, 1993 (7:30 p.m. Hearings Commenced) HON. GERARD P. GOEHRINGER, Chairman SERGE DOYEN, Member JAMES DINIZIO, JR., Member RICHARD C. WILTON, Member HARVEY A. ARNOFF, ESQ., Town Attorney LINDA KOWALSKI, Clerk-Assistant to Board Absent: ROBERT A. VILLA, Member ZBA Hearings -7- October 18, 1993 APPLICATION NO. 4197 - HARLEY B. ARNOLD for a Special Exception as provided by Article IIIA, Section 100-30A.2B approving an Accessory Apartment use in conjunction with owner's residency in this existing dwelling situate at 1455 Albo Drive, Laurel, NY; County Tax Map Parcel No. 1000-126-3-16. 7:35 p.m. (The Chairman opened the hearing and read the Legal Notice and application for the record.) THE CHAIRMAN: I have before me an original Certificate of Occupancy dated October 29, 1964, on the original dwelling, and I have a C.O. of February 24, 1987, deck addition to existing one-family dwelling. I have a CO August 14, 1987, indicating an in-the-ground swimmiqg pool and fence; and I have a CO indicating September 23rd, 1993, indicating addition and altera%ions to existing one-family dwelling as applied for; and I have a survey from Roderick Van Tuyl dated August 16, 1993, indicating the small addition to the rear portion of the garage which is basically to the right-hand side standing in front of the dwelling; and I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Is Mr. Arnold available? How are you tonight, sir? Could I ask you to use the mike? Appearance: Harley B. Arnold, Applicant pro se. MRc ARNOLD: Fine, thank you. ZBA Hearings -8- October 18, 1993 THE CHAIRMAN: to this, Mr. Arnold? Is there anything you would like to add MR. ARNOLD: Just the information on the application. THE CHAIRMAN: I understand this is for a family member? actually. MR. ARNOLD: Yes, my wife's brother. He is there now THE CHAIRMAN: On this most recent C of O you had gotten, you added that little portion on back of the garage. I know it is not really the back of the garage, it is really the right-hand side of the garage. Okay. How many square feet was that that you actually added on at the time? MR. ARNOLD: Well, not counting the garage, I think it is, I had it figured out on the copy-- THE CHAIRMAN: Yes, I did read it once. MR. ARNOLD (continuing): I had those numbers here, but it is 500, around five hundred. THE CHAIRMAN: I got 21 by 23. right? MR. ARNOLD: THE CHAIRMAN: have taken a portion of the garage, existing as it stands? Does that sound about Yes. So in effect what you have done, you or the garage is still ZBA Hearings -~ October 18, 1993 MR. ARNOLD: Still existing. It is a two-car garage, there are still two cars in lt. We put a door in the back and added on. THE CHAIRMAN: Let me ask, while you are standing there, does anybody have any specific questions for Mr. Arnold concerning this application? (There was no response from the Board.) THE CHAIRMAN: Okay. I thank you, sir. Is there anybody here who would like to speak either in favor or against this application? (There was no response.) THE CHAIRMAN: Seeing no hands, I will make a motion closing the hearing and recessing it 'til later. Excuse me, reserving decision until later, tongue-tied tonight. (Seconded and carried.) THE CHAIRMAN: We hope to have a decision for you tonight, sir. MR. ARNOLD: Thank you. (End of Hearing) Pag~ 5 - Notice o~arings Southold Town Boar~ Of Appeals Regular Meeting of October 18, 1993 Copies of Legal Notice to the following 10/4/93: Ms. Becky Johnston 471 West 22nd St., New York, NY 10011 P.O. Box 1098, Cutchogue, NY 11935 Mr. Burke E. Liburt · The Signs Makers, 155 Flanders Road, Riverhead 11901 J. Kevin McLaughlin, Esq., 1050 Youngs Ave, Southold, NY 11971-1215 Mr. and Mrs. Nick Cyprus, 1100 Sound Beach Dr, Mattituck 11952 Mr. and Mrs. Harley Arnold, P.O. Box 48, Mattituck, NY 11952 Michael K. Belford, Esq., 26 Saxon Ave., Bay Shore, NY 11706-5529 Mr. and Mrs. Roger Stoutenburgh, 505 Skunk Lane, Cutchogue 11935 Dr. George Kofinas, 30-82 36th St., Astoria, NY 11103 L.I. Traveler-Watchman, Inc., (hand delivered 10/5) Courtesy copies to Newsday and Times-Review Original posted on Town Clerk Bulletin Board in Lobby Copies of files to Board Members 10/1 and 10/4/93 Copies to: Town Attorney Supervisor Building Department Planning Board Individual Files APPEALS 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 SE~RA UNLISTED ACTION DECLARATION SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Sept. 30, 1993 Appeal No. 4197 SE Project Name: Harley Arnold County Tax Map No. 1000- 126-3-16 Location of Project: 1455 Albo Drive, Laurel, NY Relief Requested/Jurisdiction Before This Board in this Project: Establish Accessory Apartment use This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law ~44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should the project be ir~plemented as planned, and: { } this Board wishes to assume Lead Agency status and urges coordinated written co~ents by your agency to be submitted with the next 20 days. { X} this Board has taken jurisdiction as Lead Agency, has deemed this Board of Appeals application to be an Unlisted SEQRA Action, and has declared a Negative Declaration for the following reasons: a. An Environmental Assessment has been submitted and evaluated, and/or b. An inspection of the property has been made, or c. Sufficient information has been furnished in the record to evaluate any possible adverse affect of this project as filed, and/or d. This application does not directly relate to new construction or on-site improvements. { } this Board refers lead agency status to your agency since the Board of Appeals does not feel its scope of jurisdiction is as broad as the Planning Board concerning site changes and elements under the site plan reviews. The area of jurisdiction by the Board of Appeals is not directly related to site improvements or new buildings. (However, if you do not wish to assume lead agency status within 15 days of this letter, we will assume you have waived same, and we will be required to proceed as Lead Agency.) For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York Il971 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 RE: ZONING APPEAL NO. 4197. JOYCE T. ARNOLD DATE: OCTOBER 1. 1993 Transmitted is application for special exception submitted by JOYCE T. ARNOLD together with notification to adjacent property owners; short environmental assessment form; Zoning Board of Appeals Questionnaire form; Certificate of Occupancy; survey and floor plans; and other relative documents. Judith T. Terry Southold Town Clerk II, 6~?.=~ S EQ R , Appendix C ~ State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be comDleted by Applicant or Project sDonsor) 1. APPLICANT/SPONSOR PROJECT LQ~TION: 4, PRECISE LOCATION (Sitar aQ~ress 5. I$ PROPOSED ACTION: [] New [] Expansion 6. DESCRIBE PROJECT BRIEFLY: 8. WILL PROPOSED ACT]ON COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? NO If NO. describe t3riefly 10. DOES ACTION INVOLVE A PERMIT APPROVAL. OR FUNDING. NOW OR ULTIMATELY PROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAl_ STATE OR LOCAL)? [] No If yes. li$1 agency(s) and !3efmluaapfov~l$ 11. DOES ANY ABPECT OF THE AC?I,;~,I HAVE A CURRENTLY VALID PERMIT OR APPROVAL? Yes 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? [] Yes ~ I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE I! the action is in the Coastal Area, and you are a state agency, complete toe Coastal Assessment Form before procoeding with this assessment OVER 1 (Continued on reverse side) The N.Y.S. Environmental Quality Review Act requi~es submission before any action i~ taken. I~NSTRUCTIONS: (a) Ia Order to answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- (c) If all questions have been answered No it is likely that the : project is not significant. (d) Environmental Assessmen~ 1. Will project result in a large physical change to the project site or physically'alter more than 10 acres of land? 8.' Will project have a major effect on visual char- 10. Will project have a m~jor effect on existing or 11. Will project result in major traffic problems or ~3. project? BA 9/.75 ~ Will project have any impact on public health or safety? Will project affect thc existing conu~unity by directly causing a growth in permanent popula- tion of more than 5 percent OVer a one-year Yes ~o period o_~r have a major negative effect on the ~ character of the community or neighborhood? Is there public controversy concerning the ___~es ~o 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 mgy be attached.) B. Is the subject premises listed on the real estate market for : s~l~ or being shown to prospective buyers? { } Yes {~} No. (If Yes, please attach copy of "conditions" of sale.) C. Are there.any proposals to change or alter land contours? { } Yes ~ No 1. Are there any areas which contain wetland grasses? ~/~ 2. Are the wetland areas shown 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 wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? ,/~,~ (If notapplicable, 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? ./t/~ If none exist, please state "none." G. Do you have any construction taking place at this time cgncerni~g your premises? ~2/J~/f yes, please submit a copy or 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? ~/~ If yes, please explain where or submit copies of deeds. I. Please list present use or operations conducted at this parcel ~M/~ ~/~fL~/ /)~L~/A)~ and proposed use .~,~4~--' + .~nr~Ssc)~y MAze/a'r44 DA)I' ~. { Authori~e~- signature and Date 3/87, 10/901k '1 F-1 I I I THIS INDFc. BITIIRE, made the ,~ O day of , nineteen hundred and fifty-four. BETWEEN KATHARINE BASIS TUTHILL, ~siding at New Suffolk Avenue, ~attituck, New York, party of the first part, and HARLEY ARNOLD and/JOYCE ARNOLD,his wife, residing at New Suffolk Avenue, Mattituck, Now York partyofflxesecondpa~, W~NESSETH, thatthepartyofthellrstpart, inconsiderationof One and 00/100 ....................... ~ollars, lawful money of the Unlted States. and other valuable consideration paid by the party of the secoud paR, does hereby grant and release unto the party of He s~ond part, ,be heirs or successors and assigns o[ the party of the second part forever, ALL that certain plot, piece or parcel of land ~ situate, lying and being in the Town of Southold, Suffolk County, New York, comprising a portion of the tract on the east side of Bray Avenue (Lots lO0,101 and 102), bounded and described as follows: BEGINNING at a stake set on the curved southerly line of Albo Drive, ~80.62 feet easterly along said southerly line from the extension northerly of the easterly line of Wells Road; and running north- easterly on a curve to the left having a radius of 188.0 feet, a distance of 1~6.~7 feet to a monument and land of Robert Larsen; thence along said land of Larsen, S. VOc 15' 00" E. ~00.46 feet to a monument and land of Husing; tEence along said land of Husing, two courses, as follows: (1) S. 40° 2V' 50" W. 98.60 feet; thence (~) S. 64~ 04' 30" W. 147.0 feet; thence along other lsnd of the party of the first part, N. 33~ ~' 30" W. 138.51 feet to the point of beginning. TOGETHER with the privilege in common with others to use a right of way leading from the Boulevard,so called, to Peconic Bsy, which said privilege is contsined and recited in deed to George I.Tuthill et al., dated April 17, 192B and recorded August 13, 19~8 in Suffolk County Clerk's office in Liber 1368 of Deeds, at Pa~e 24. ~BJECT to the following covenants and restri~.tions: That the premises shall be used for residential purposes!only a~'~d no dwellio~rected thereon shall be ~ the use or occupancy of more than family; that not more th/i~one dwel].~n~ may be constructed on the premises for each 50 feet of road frontal, e; that no building or any part thereof shall be erected within 25 Feet of the street line; that no outho, wses shall be maintained on the premises and no dwelling shall be c~ns ,~Ucted on the premises costing less than ~5000.00. · TOGETHER xvlth al lit, title and interest, if any, of the party first p~rt of, in and to any streets and roads abutting the above-descrihed premises to the center lines thereof, TOGETHER with the appurtenances and all the estate and rights o[ the party of the first part in aud to said premises, TO HAVE AND TO HOLD tile premises herein granted unto tile party of tile second part, the heirs or successors and assigns of the party of the second part forever. AND tile party of the first part covenants that tile party of tile first part has ]lot done or suffered anything whereby the said premises have been incombered itl 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 par will receive the consideration for this convey~ce and will hold the right to r¢<eive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using' any part of the total of the s~e for any other purpose. ~ Fhe word party shall he constrned ~s d ~t read pames' whenever the sense of th~s indenture so r~quires. I~ WITN~S W~REOF, the party of the first ~rt has dui execute~ ...... J~ : ~ y . ~ m s ~ ced the uay and year fir~ a~ve written.' ~ STA~ OF ~W YORK ss.: COUN~ OF SUFFOLK On the ~O dayrof 1954, before me personally came Ksthartne Bayl~s ~thllI to me known to be the fn'dtvfqual described in and who executed the foregoing instrument and acknow- ledged that she executed the same. ~ ' 41954 STA1'K OF NEW YORI~ COUNTY OF the day of 19 , be/ore me to me klmwn to be the individual described in and who executed the foregoing iostrnment, and acknowledged that executed the same. STATE OF NF.W YORK, COUNTY OF Ou the day of 19 , before me personally came t¢~ me known, who, being by tne dnly sworo, did depose and ~ay that be resides at No. that be is the of , the corporation describe~ in and which executed the foregoing instrument; that knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corpora- tiou. and- tbat he signed h name thereto by like order. sTATE OF NEW YOi~OUNTY OF ss: On the day of 19 , before me personally came to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the same. STATE OF NEW YORK, COUNTY O1~ ss: On the day of 19 , before me persoually came the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. that he knows ; to be the individual described in and who executed the foregoing instrument; that he, said subscribing witness, was present and saw execute the same; and that he, said witness, at the same time subscribed h name as witness thereto. COUNTY OF SUFFOLK ~,a, SOUTHOt. D .c,~m JUDITH T. TERRY, TOWN CLERK Town of Southold Southold, New York 11971 Phone: 516-765-1801 048267 RECEIPT RECEIVED OF: ~ [] CASH BOARD OF APPEAL~ TOWN OF SOUTHOLD In the Matter ol 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 intentinn nf the undersigned to petition the Board of Appeals of the Town of Southold Permit) [circle choice] to request a (Variance) (Gl Excep~ (Special (Other) 2. That the property which is the subiect of the Petition is located adjacent to your property and is des- cribed as follows: O/J'~ ~;//~.)L ~/ ,")J,~-£Z./ /))~. /~//~-/./ F'-z,,)Z~ ~,/~t~ ~-~/~.,q,~., F: 3. That the property which is the subiect of such Petition is located in the following zoning district: 4 ] hat b~ smh Petition, ~he undersigned will request the following relief: 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article ]-~ Section /~)0- ~OA · ~ [ ] 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 Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: ¢- Petitioner Owners' Names: ~os~ office Add~ess Te . [Copy of sketch or plan showing proposal to be attached for convenience purposes.] NAMe: T PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS Receipt for Certified Mall No Insurance Coverage Provided Do not use for International Mall (See Reverse) P 846 09~ 960 Receipt for Certified Mail No Insurance Coverage Provided Do not use for International Mail (See Reverse) STATE OF NEW YORK ) COUNTY OFSUFFOLK) ss.: ~ ~ ' , being duly sworn, deposes and says that'on the 6O~ay of ~~ , 19 ~ , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above.named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the curren~ assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- flceat ~UCk. ~. ~/~ ; that said Notices were mailed to each of said persons by (certified)-~mai~ ~ ' Sworn ~ before me this ~ Notary Public MELANGE V. BROWN Nolly Public, SlIit d NIl Yolk .(This side does not have to be completed on form transmitted to adjoining property owners.) t N NOT g:~: LIF~HT ~ if' -77 0 Po%T x~ .~LI P W I NL]i~W ',, '~-~C~H~,t)L)L~- . ~ ~'70'/~'%: ~A~E~LI~ ~ ~"ffH~Z'ZO T~I~I NOT~ dNoT :m ~z~)