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HomeMy WebLinkAbout4206? 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 TO%VN OF SOUTHOLD 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. 4206-SE. Application of GARY AND CAROL FISH for aSpecial Exception as provided by Article IIIA, Section 100-30A.2B for permission to establish Accessory Apartment use in conjunction with owner's residency in this existing principal building presently occupied as a dwelling with garage. Location of Property: 955 Deep Hole Drive, Mattituck, NY; County Tax Map Parcel No. 1000, Section 115, Block 13, Lot 9. This property contains a lot area of approximately 15,000 sq. ft. and is. located in the R-40 Residential Zone District. WHEREAS, a public hearing was held on December 8, 1993, 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-A, Section 100-30A.2, Subsection B{1} and Article III, Section 100-30B(14) for permission to establish "Accessory Apartment" in the existing garage area which is within the same footprint of the main (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 15,000 sq. ft. and 100.0 ft. road frontage along the westerly side of Deep Hole Drive <ref. Survey prepared March 29, 1991 by Roderick VanTuyl, P.C.> 3. The subject premises is improved with a one and one-half-story framed dwelling structure with attached garage on the southerly side of the house, and a raised, open deck attached to the rear of the dwelling. The setbacks of the principal building footprint is shown to be 14 feet at the north "~age 2 December }1993 Matter of GARY AND CAROL FISH Appl. Nm. 4206 - Speuial Exception side, 13 feet at the south side, .50 feet from the front property line, and 46+- feet from the rear property line. 4. The requested "Accessory Apartment" is shown to be proposed at 550 square feet of livable floor area on the first floor level (which is within the existing garage area attached to the dwelling). The remaining floor area to be retained as the principal single-family residence of the owner(s) will be 1885 square feet: 1260 on the first floor plus 625 feet on the second level. Town assessment records show that the dwelling is presently 1599+- square feet of living area plus the garage. 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) Building Permit No. 2586 issued 11/18/64 for an addition to dwelling; and b) Certificate of Occupancy #Z-19905 dated May 15, 1991 for a single-family dwelling built prior to April 9, 1957; and c) Building Permit No. 19797 for an open deck addition issued 4/22/91. 6. Since the applicant is proposing up to five occupants~ three for the existing dwelling and two for the accessory apartment, five (5) parking spaces will be required and located perpendicular to the existing garage area. 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. 8. In considering this Special Exception application: (a) the Board has given consideration, among oti~er 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 'Page 3 - December 801993 Matter of GARY AND CAROL FISH Appl. No. 4206 - Special Exception 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 Chairman Goehringer, seconded by Member Wilton, it was RESOLVED, that the request for a Special Exception for an "Accessory Apartment" in the Matter of GARY AND CAROL FISH under Appl. No. 4206, BE AND HEaRtY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. Compliance with subsections a thru q of Section 100-31B(14), Article III, of the Zoning Code; 2. The size of the main dwelling unit shall not be reduced to less than 60 percent of the total existing floor area, or 960+- square feet; 3. The accessory apartment shall not exceed 40 percent of the livable floor area of the existing dwelling unit <600 sq. ft.>. 4. Physical access to the accessory apartment is permitted from the rear of the dwelling (existing garage area). 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), Section 100-31B(14). 5. This conversion shall be subject to inspection by the Building Inspector and renewal of the certificate of occupancy or certificate of compliance annually, with a written notice furnished to'the Chairman or Clerk of the Board of Appeals for recordkeeping purposes. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio, Villa, and Wilton. This resolution was duly adopted. ~~. GOEHRINGER, CHAIRMAN i~HE SOUTHOLD TOWN CLERK DATE /~,~ HOUR I .... Town Clerk, Town of Southold 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 SCOTTL. 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 $outhold, that the following public hearings will be held by the SOUT~OLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on WEDNESDAY, DECEMBER 8t 1993 commencing at the times specified below: 1. 7:32 p.m. Appl. No. 4202 - ROBERT AND JACQUELYN OBERLIN. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.4 <100-33> for approval of an existing accessory utility storage shed which is located in the southerly front yard area. The subject premises is not a corner lot but fronts along two streets. This property technically does not have an established "rear yard" defined by the code. Location of Property: 805 Oak Avenue, Goose Bay Estates, Southold, NY; County Tax Map District 1000, Section 77, Block 2, Lot 20.1. The subject premises is located in the R-40 Zone and contains an area of 19,200+- square feet. Page 2 - Notice of~arings Southold Town Board of Appeals Regular Meeting of December 8, 1993 2. 7:35 p.m. Appl. No. 4205 SALVATORE VINDIGNI. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 for permission to construct addition which will exceed the 20% lot coverage limitation. Location of Property: 1440 Gillette Drive, East Marion, NY; County Tax Map District 1000, Section 38, Block 2, Lot 15; also referred to as Lot No. 19 on the Map of Marion Manor filed March 18, 1953 in the Suffolk County Clerk's Office. This property is located in the R-40 Low-Density Residential Zone District and has a total lot area of 10,000 sq. ft. 3. 7:40 p.m. Appl. No. 4203 - ROBERT E. BIDWELL. Application for Special Exception under Article III, Section 100-31B-13 of the Zoning Ordinance, for approval of winery uses in existing building and proposed building. The site plan shows that the property is situated along the south side of C.R. 48, Cutchogue, NY, is zoned A-C Agricultural-Conservation and is identified on the Suffolk County Tax Maps as District 1000, Section 96, Block 4, Lot 4.3. 4. 7:50 p.m. Appl. No. 4204 - JOHN CROKOS. Variance to the Zoning Ordinance, Article XXIII', Section 100-239.4A(1) for permission to locate pool and related structures within 100 feet of the top of the bluff along the Long Island Sound. Location Page 3 - Notice of~arings Southold Town Board of Appeals Regular Meeting of December 8, 1993 of Property: 2110 Grandview Drive, Orient, NY; County Tax Map Parcel No. 1000-14-2-3.11. 5. 8:00 p.m. Appl. No. 4195 - PETROL STATIONS LTD. (Carryover to continue hearing and/or updates.) 6. 8:00 p.m. Appl. No. 4199 - PETER PSYLLOS. to continue hearing and/or updates). (Carryover 7. 8:05 p.m. Appl. No. 4206 - GARY AND CAROL FISH. Special Exception as provided by Article IIIA, Section 100-30A.2B for permission to establish Accessory Apartment use in conjunction with owner's residency in this existing principal building presently occupied as a dwelling with garage. Location of Property: 955 Deep Hole Drive, Mattituck, NY; County Tax Map Parcel No. 1000, Section 115, Block 13, Lot 9. This property contains a lot area of approximately 15,000 sq. ft. and is located in the R-40 Residential 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 call 765-1809 or visit our office. Dated: November 17, 1993. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski TOWN OF SOUTHOLD, NEW YORK ACCESSORY APARTMENT APPLICA I S I EXCEPTION Application No. Date Filed: TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK: (Hamlet, State, Zi/~-p~CC~de ) I I q~ House No. and Street hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORD!NANCE, ARTICLE ~] , SECTION /0o , 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. ~ -J~ /-~ ~ ~R~ /--~/~/~ is (~re) the owner(s) of property known ~d referred to as ~5~ ~ /~ ~ (House No., Street, Hamlet) ~' identified on the S~ffo~y Tax Maps as District 1000, Section~ Block /~ Lot ~ , which ~s ~ on a subdivision map (Filed .,,e 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: 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 x 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 aparLment 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 nequirements 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. D. 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. COUNTY OF SUFFOLK) . STATE OF NEW YORK) ss.: Sworn to before me this /~ day of ~ , 1977 . (N~tary Publ ic)~~'/~~ .. JOYCE M. WILKIN$ Notary Pu blie,, State of New Ymfc Z B5 2/6/86 ~,o. 49_5224e, Suffolk Count, erin I=xpire~ June 12, gECEIVED SG~tholO 1town Clerk TOWN OF SOUTHOLD, NEW YORK ACCESSORY APARTMENT APPLICA S XCEPTION TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK: (Hamlet, State, Zip Code} Application No. Date Filed: House No. and Street hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with thu ZONING ORDINANCE, ARTICLE //~ , SECTION /~ , SUBSECTION g/(~] for :he below-described property for the following uses and purposes: as shown on the attached plan drawn to scale. A. Statement of Ownership and Interest· known~a~d ~. ~Y/~ ~- ~_~ Z. ~/.r'// is (~re) the owner(s) of property referred to as 9~ /~ ~ ~/~ (Hduse No., Street, Hamlet) identified on the Suffo~Tax Maps as District lO00, Section~Block /~ , Lot ~ , which is ~ no~n a subdivision map (Filed .,.~ 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: C. In addition to meeting the standards prescribed by the zoning ordinance, the following requirements will be mt: 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 (11 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. 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 ~pon 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 lO0 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. D. Th p/~'operty which is the subject of this application is zoned ~ ~ ~ and [ has not changeU 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. STATE OF NEW YORK) ss.: ~Signatu~/ ~ Sworn to before me this /9 day of ~ , 1993 (Notary Pubii No. 496224~, 8uffdk Couqr~ ZB5 2/6/86 Ten~ E.Yph'el Juno 12, 1~ OWRER TOWN OF SOUTHOI. D STREET PROPERTY RECORD CARD VILLAGE DISTRICT I SUB. LOT ,% ~.~.~ r/~., I ACREAGE I ' o. ~4~ TYPE OF BUILDING RES. LAND SEAS. IMP. VL. FARM TOTAL DATE Farm Acre Value Per Acre Value -tillable 2 Tihob,e 3 VVcodland Swampland 2rushla~~-~ House PIo~' Total COMM. REMARKS . ?7?7- Extension ~X~,~ '- ~&~/+ 'l J~ ~ ~,~"' ~ ./Basement Floors Z~.:~. Extension ~t. Walls Interior Finish Extension /~ y ~ ~ 2Z~ ~0 FirePlace ~ Heo* Porch Attic )Zek ~ZX~U ,Z~ 1~ Porch Rooms 1st Flor Breezeway ~ ~ Patio R~ms 2nd Floor Garage t~- ~ ~ ,'10~ ~0~ ~Driveww O?B. .' - , ..... ~;~ -~. - ~AL~"~ ~ ~'F_NCt~ ~. 0c of~,E. ! $C~,L ~ :40: ~' DEPARTMENT OF PLANNING COUNTY OF SUFFOLK ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE STEPHEN M. JONES. A.I.C.P. December 17, 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) Psyllos, Peter  berlin, Robert & Jacquelyn ish, Gary & Carol 4199 4202 4206SE Very truly yours, Stephen M. Jones Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Richard C. Wilton Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1.809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARR.o 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 C~%ission: ~ Variance from the Zoning Code, Article , Section __ Variance from Determination of Southold Town Building Inspector XX Special Exception, Article IIIA , Section lO0-30A.2B ~ Special Permit Appeal No: 4206 SE Applicant: Gary and Carol Fish Location of Affected Land: 955 Deep Hole Drive, Mattituck, NY County Tax Map Item No.: 1000- 115-13-9 Within 500 feet of: __'Town or Village Boundary Line 'XX Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area ~ Existing or Proposed Right-of-Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines, or Within One Mile of a Nuclear Power Plant ~Within One Mile of an Airport Comments: Applicant is requesting permission.to establish Accessory Apartment use. 'Copies of Town file and related documents enclosed for your review. Dated: December 16, 1993 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 SCOTT L. HARRIS Supervisor BOARD OF APPEALS TO%VN OF SOUTHOLD December 15, 1993 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Gary and Carol Fish 955 Deep Hole Drive Mattituck, NY 11952 Re: Appl. No. 4206SE - Accessory Apartment 'Dear Mr. and Mrs. Fish: Please find attached a copy of the Board's findings and determination rendered concerning your request for a Special Exception. Before commencing activities for this conversion, 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 or Certificate of Occupancy, for your submission of a copy of a written lease for one or more years for record, and to obtain appropriate building permit(s) and/or other agency approvals as may apply in this project. You should note that if your property is transferred to new owners, the Certificate issued for the Accessory Apartment will expire and the new owners must re-apply. Also, since this project is located within 500 of a waterway, copies 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, for your update. Very truly yours, Linda Kowalski Enclosure Copies of Decision to: Building Department Suffolk County Department.of Planning TOWN OF SOUTHOLD, NEW YORK ACCESSORY APARTMENT APPLICA S L EXCEPTION Application No. Date Filed: TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK: House No. and Street I (We), ~/ ~' y~.F'~ ~ ~-J~ Z.~)/ of /YT~)ll~'?~tWcC Zip Co (Hamlet, State, hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with n SUBSECTION the 70NTNG ORuINANu:, ARTICLE ~ , SECTION /~ , 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. ~d~K ~ ~J"# ¥-- ~Z[ ~, .,~J~- is (~re) the owner(s) of property known and ~referred to as 9~ ~,~ 7~ ~ ~)'~z'77~-<cK~ (House No., Street, Hamlet) Tax Maps as District 1000, Section //J~, Block /3 , identified on the Su f fo I~C~!~y Lot ~ , which is ~.~J on a subdivision map (Filed "Map of t' Filed Map ~. ). 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 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 lO0-13 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 l, 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. D. The property which is the subject of this application is zoned f-~r~O and [~has not ~hanged 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) ~u~ STATE OF NEW YORK) ss.: ~igna · Sworn to before me this /9 day of /~ , ]9 (Notary Publi ' JOYCE M. WILl(INS ZB5 2/6/86 ~ F. xptremJun~ 12, 1~' SUFF :;,.Q. I'A.~Z I¢~A? ?,A.;~., ;GO0- 115-13-9 [! ':LC ~,/' I Ct' ?;';~T.f,,'~'.L? November 24, 1993 Zoning Board of Appeals Southold Town Hall Main Road Southold, NY 11971 RE: GARY FISH PREMISES: 955 DEEP HOLE DRIVE, MAI"rI'rOCK APPLICATION NO. 4206 DISCLOSURE L~'I'I'~R In reference to the above application, please take note that the applicant herein, Gary L. Fish, is employed by the Town of Southold in the Southold Building Department as a Building Inspector. This Disclosure is made voluntaffiy and in accordance with the State of New York and the Town of Southold. Very truly yours, APPEALS BOARD ~EMBERS 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 November 18, SCOTT L. HARF2S Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 1993 Mr. Gary Fish 955 Deep Hole Drive Mattituck, NY 11952 Re: Appl. No. 4206 - Special Exception (Accessory Apartment) Dear Gary: We are in receipt of your application requesting a Special Exception for a proposed Accessory Apartment, which is to be incidental and accessory to your residence in the existing dwelling. Copies of your application have been distributed to the Board Members for additional review and inspection,* and the application has been calendared for the December 8, 1993 Regular Meeting. A copy of the Legal Notice is attached for your records. Please have someone appear in behalf of the applicants at the time specified. This public hearing will not start before the time allotted in the attached Legal Notice. Additional time will, of course, be available if needed. If your presentation is lengthy, a draft or final written copy is always appreciated, and additional time will be available for your presentation, if needed. Documentation may be added to the Town file to support this application either before or during the public hearing. Please note that amendments for any other type of relief are permitted only by separate application, if deemed necessary by you. The attached Legal Notice describes only the request being made in the application as filed. The Board Members are requesting to meet you at your dwelling on Saturday, December 4, 1993', between 9 and 10 a.m. for the purposes of viewing the existing building area. If this date is not convenient, please contact our office to arrange ~/ ~another time. Page 2 - November ig~1993 To: Mr. Gary Fish Re: Appl. No. 4206 - Special Exception If you have any questions or wish to update your file prior to the hearing date, please feel free to contact our office. Yours very truly, Linda Kowalski Clerk, Board of Appeals Enclosure Gerard R Goehringer, Ch, i~nan ~r~ ~en, Jr. J~ Di~zio, Jr. ~ A. Vil~ ~nhu~ C. W~n ~lephone (516) 765-1809 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 Attn: Jim Rich Bob From: Jerry Date: 11/19/93 Re: Interior Building Inspections for Sat., 12/4 9-10 a.m. This will confirm that we have requested on-site inspections for the following matters for Saturday, December 4, 1993 between 9 and 10 a.m.: Bidwell Winery, Cutchogue 9 a.m. Gary Fish Residence, Mattituck - approximately 9:45 - 10 a.m. I have forwarded a request for Planning Board members to inspect the Bidwell Winery building together with us on that day, through Bob Kassner of the PB office. Please let us know if you are not able to attend. Thanks. Copies of the 12/8 Legal Notice to the following on 11/19: Susan Zach, Esq. (re: Oberlin) Mr. Salvatore Vindigni Mr. Robert T. Bayley (hand pick-up 11/19) Mr. John Sandgren (re: Crokos) J. Kevin McLaughlin, Esq. (re: Petrol Stations) Richard F. Lark, Esq. Rudolph H. Bruer, Esq. (re: Ps¥11os) Mr. and Mrs. Warren Brady Mr. Gary Fish Board Members L.I. Traveler - by mailed 11/18 Suffolk Times (courtesy copy 11/18 by mail) Newsday (courtesy copy 11/18) Town Clerk Bulletin Board posted 11/18/93 Individual Files - 11/19/93 N6TICE OF PUBLIC HEARINGS NOTIC~ IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of ~ the Town of Southold,'~aat ~the following public hearings will be held by the sOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, S~uthold, New York · 11971, on WEDNESDAY, DECEMBER 8, 1993, commencing at the times specified below: 1.7'.32 pan; Appl. No. 4202- ROBERT.. AND JAC- QUELYN OBERLIN. Variance to the Zoning Or- dinance, Article IliA, Section building and proposed building. The site plan shows that the property is situated along the south side of C.R. 48, Cutchogue, NY, is zoned A-C Agricultural- Conservation and is identified on the Suffolk County Tax Maps as District 1000, Section 96, Block 4, Lot 4;3. 4. 7:50 pan. Appl. No. 4204- JOHN CROKOS. Variance to the Zoning Ordinance, Article XXlll, Section 100-239.4A(1) fgr permission to locate pool and related structures within 100 feet of the top of the bluff along the Long Island Sound. Location of Property.'. 2110 Orandview Drive, Orient, NY; County Tax Map Parcel No. 1000-14-2-3.11. , ' ~ ~L 8:00 p.m. AppL No. 4195 - PETROL STATIONS LTD. (Carryover to continue hear- ina and/or updams). 100-30A.4 (100-33) for ap- 6;8r00p.m. Appl. No.4199-1 provalofanexistingaccessor I PETER PSYLLOS. (Car-i utility stornge shed which is ] ryover to continue hearing located in the southerly front ] and/or updates) yard aren. The subject I 7 8.'05 p.m. Ap~l. No. 4206 premises is n°t a comer I°t but I -'(~l/AND CAROL FIsH fronts along two meets. This [ Soecial Eaceotion as n~d~ ro t hni -- -- - .p perty ec ...c~,yd, o~,,not [. by Article IliA, Section nave an establlsnen rear I 100-30A.2B for oermission to yard", def'med by the code. / establ/sh AcceSsory Apart- Locatmn of Property: 805 merit use in conjunction with Oak Avenue, Goose Bay owner's residency in this ex- Estates, Southold, NY; Coan- isting principal building [ ty Tax District 1000, Sec- tion 77, Block 2, Lot 20.1. The subject premises is located in the R-40 Zone and contains an area of 19,200+ square feet. 2. 7:35 p.m. AppL No 4205- SALVATORE VINDIONI. Variance tO the Zoning Or- dinance, Article IliA, Section 100-30A.3 for l~hnission to construct addition which will exceed the 200/0 lot Coverage limitation. Location of Pro- petty: 1440 Gillette Drive, East Marion, N~ County lhx Map District 1000, Section 38, Block 2, Lot 15; also referred to as Lot No. 19 on the Mnp of Marion Manor filed March 18, 1953 in the Suffolk Coun- ty Clerk's office; This proper- ty is located in the R-40 Low- Density Residential Zone[ D/stria and has a to'al lot area I of 10,000 sq. ft. 3. 7:40 p.m. Appl. No. 4203 ROBERT E. BIDWELL. Application for Special Excep-, tion under Article III, Section 100-31B-13 of the Zoning Or- dinance, for approval ofI winery uses in .existing[ presently occupied as a dwell- ing with garage. Location Property: 955 Deep Hole Drive, Mattituck, NY; Coun- ty ~ Map Parcel No.. 1000, Section 115, Block 13, Lot 9. This property contains a lot area of approximately 15,000 sq. ft. and is located in the R-40 Residential Zone District. The Board of Appeals will at said time and place hear anyi and aH persons or represen- tatives desiring to be henrd in I the above matters. Writtenl comments may also be sub- mired prior to the concision of the subject hearing. Each heating will not sUtrt before the times designated abort If you wish to review the files or need tu request more informa- tion, please call 765-1809 or visit, our offica Dated: November 17, 1993 BY ORDER OF THE SOUTHOLD TOWN . BOARD OF APPEALS GERARD P. GOEHRINGER ,~;:-: ~ :,.CHAIRMAN :.; ~. ~ By. Linda Kowalski COUNTY OF SUFFOLK !,TATE OF NEW YORK Patricia Wood,' being duly sworn, says that she is the Editor, o( THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; ,~nd that the notice of which the annexed is a printed copy, has heen .pul~lis~ecl in said I.ong Island Traveler-Watchman once each week for / weeks Sworn to before me Ihis ..................... day of ...... .... Notary Public BARBARA A. SCHNEIDER NOTARY PUE~LIC, State of t~e~v York No. 480Gg46 Qualified in Suffolk County Commission Expires APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Ri cPh°ab~t e: V~ 'co n Telephone (516) 765-1809 Appeal No. 4206 County Tax Map No. 1000- 115-13-9 Location of Project: 955 Deep Hole Drive, Mattituck, SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD November 18, SE~RA UNLISTED ACTION DECLARATION Project Name: Gary and Carol Fish NY 1993 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 implemented as planned, and: { } this Board wishes to assume Lead Agency status and urges coordinated written con~nents 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 Hall, 53095Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATE: RE: Zoning Board of Appeals Office of the Town Clerk November 18, 1993 Zoning Appeal Appl. No. 4206 - GARY & CAROL FISH Transmitted herewith is Zoning Appeal Appl. No. 4106 - GARY & CAROL FISH together with Notices to Adjacent Property Owners, Short Environmental Assessment Form, the Zoning Board of Appeals' Questionnaire, a copy of the Certificate of Occupancy, a copy of the Survey Map and a copy of the deed. Judith T. Terry Southold Town Clerk Present: BOARD OF ZONING APPEALS TOWN OF SOUTHOLD December 8, 1993 (7:30 p.m. Hearings Commenced) HON. GERARD P. GOEHRINGER, Chairman SERGE DOYEN, Member JAMES DINIZIO, JR., Member ROBERT A. VILLA, Member RICHARD C. WILTON, Member CLAIRE GLEW, Board Asst. pro tem Page 2 Transcript of Hearings Southold Town Board of Appeals Wednesday, December 8, 1993 APPL. NO. 4202 4205 4203 4204 4195 4199 4206 INDEX Applicant ROBERT AND JACQUELYN OBERLIN SALVATORE VINDIGNI. ROBERT E. BIDWELL . JOHN CROKOS PETROL STATIONS LTD.. PETER PSYLLOS GARY AND CAROL FISH Paqes 3-5 6-9 10-25 28-32 33 33A-42 43-46 Page 43 - Transcript of Hearings Southold Town Board of Appeals Wednesday, December 8, 1993 APPLICATION NO. 4206 - GARY AND CAROL FISH. Special Exception as provided by Article IIIA, Section 100-31A.2B for permission to establish Accessory Apartment use in conjunction with owner's residency in this existing principal building presently occupied as a dwelling with garage. Location of Property: 955 Deep Hole Drive, Mattituck; County Tax Map Parcel No. 1000, Section 115, Block 13, Lot 9. This property contains a lot area of approximately 15,000 sq. ft. R-40 Zone. 8:05 p.m. (The Chairman opened the hearing and read the Legal Notice and application for the record.) THE CHAIRMAN: I have a copy of Suffolk County Tax map indicating this and surrounding properties in the area. I have a copy of a survey which was prepared by Roderick Van Tuyl, PC, dated March 29, 1991, indicating the approximate placement of this one-and-a-half story house, approximately 50 feet from Deep Hole Drive, 13 feet from the easterly property line, and --actually, it is not east, I apologize-- from one property line --I won't get into the approximate placement-- and 14 feet from the other, and so on and so forth. The nature of this application is an accessory apartment to be utilized in the den area and in the garage area of the existing home; and, again, Mr. Fish was kind enough to show us the place on Saturday. We are well acquainted with the house. Is there anything you would like to add for the reapplication, Mr. Fish? MR. FISH: Not really. Page 44 - Transcript of Hearings Southold Town Board of Appeals Wednesday, December 8, 1993 THE CHAIRMAN: Okay. I will ask the Board if they have any questions of Mr. Fish? (Board indicates no questions.)~ THE CHAIRMAN: The only thing that came up was issue I believe you have a circular driveway in of a parking plan. front? MR. FISH: Yes. THE CHAIRMAN: And approximately where Would the parking spaces be indicated? MR. FISH: There is a driveway right in front of the portion of the house that is going to be the accessory apartment. THE CHAIRMAN: Okay. MR. FISH: There is space there for two vehicles, and that is where I planned on provided two spaces for that accessory apartment. THE CHAIRMAN: So directly perpendicular to the front of the garage. MR. FISH: That's correct. THE CHAIRMAN: Okay. MEMBER VILLA: How many vehicles do you have there? MR. FISH: Two. MEMBER VILLA: So if somebody came in there and it was a couple, and they each had a car, it would be four? MR. FISH: That's correct. MEMBER VILLA: Can you get four off of th~ street? Page 45 Transcript of Hearings Southold Town Board of Appeals Wednesday, December 8, 1993 MR. FISH: Yes, I whole front of the property, in front of the garage. MEMBER VILLA: tenant. have a circular drive around the and then there is two spots right You would have to mark those for your MR. FISH: That's correct. MEMBER VILLA: So then the other two would-- MR. FISH (interposing): I would prefer to rent to one person. That is my plan, to rent to one person. MEMBER VILLA: Okay. MR. FISH: I would rather not have two people in it, just one other person. THE CHAIRMAN: The other issue is, of course, we have received a letter from your next-door neighbor who has indicated that he is concerned with certain things. The only concern that we had was the issue of the domestic animals in reference to this. Would anybody that you would be renting to have any animals that would cause any problems? MR. FISH: No, no pets. I shouldn't say that: If they had a bird or a cat, no problem. No dogs. THE CHAIRMAN: Okay. Is there anybody else who has any questions of Mr. Fish? (There was no response.) THE CHAIRMAN: As you know, the special permit is granted as a matter of right. The house does meet the Page 46 - Transcript of Hearings Southold Town Board of Appeals Wednesday, December 8, 1993 criteria. And we will be voting on on a couple of these others tonight, tomorrow or hang around. it probably, after we vote so you can either call us MR. FISH: Thanks; I'll probably hang around. THE CHAIRMAN: Is there anybody else who would like to speak, in favor or against this application? THE CHAIRMAN: Seeing no hands, I will make a motion closing the hearing and reserving decision until later. (Seconded and carried; see record of Clerk pro tem.) (End of evening hearings of 12/8/93 as recorded on tape and transcribed. JDR) BOARDOF APPEA~S, OWN OF SOUTHOI.D In the Matter o[ lhe Petition of / Io rhe Board of Appeals .f d~e Fown of Southnld to: YOU ARE IIEREBY GIVEN NOIICE: NOTICE TO ADJACEllT ?RODERTY O?itl E R 1. Thai il is the intention of lite ur~dcrsigned lo pelHion tile lloard el Appe.ds of the J own oJ Southnld request a (V..iance) (S'~p¢ciat Exceptim-9 (Special Permil) (et h,~:) . [c~:cl.e cho~cnJ 2. That Iht prc~perly which i~ tile subject o'f Iht Pctil.,)n is lot alcd adjacent to ynur property and is des- crihed as follows: ____~_~f/:~,l K 3. That lhe property which is the suhiccl of suLh Pelimm is Iocaled in the following loninR dislricl: - $. That Iht' prn',,islons of the Soud'~ohl ¥own Zc:,rfing Code .q~plical)ht lU Ihe ielie[ soughl hy die under- [ ] Section 280-A, New York Town La~ for approval of access over righ~(s)-of-way (~. ]hal x~hhin ti~c das~ Item linc dale hereol, a Wrlttell I'elilloll fequc~Ung thc relief specified above will be filed in lhe Soulhold Town Clerk's Office.al b).lin Road, Smllhldd, New York and you may then and lhere examine the same du[ing regul.tr olfice hot. s. (516) 765- iUO'~. 7. That hcf.rc tile relief .,olighl nlay be grtmh'd, a pul)li~ heailrig IIIIls[ he held Im die mailer by the Board uf Appeals; lhal a noUce of sUCh healing nmsl he published .il least five days prior to tile dale of such ~earing in Ihe Suffolk Times and in ~he t_ong Island ]ravcler-M.immck ~V.ilchn n, ~ewspapers published in the ]own of Somhold ~nd designated for the:publication of such .m,~cs; lhat you or your figh~ m appear and be heard al such hearing. Ow.ers Names:~_ZbE~f~¢._~ Post Office Address ~ L0 l)e attached for co,lyon i ellce [Copy of sketch or plan showin9 proposal pu,-poses. ] 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 sale or being shown to prospective buyers? { } Yes ~ No. (If Yes, please attach copy of "conditions" of sale.) De Are there any proposals to change or alter } Yes 1. 2. 3. 4. land contours? ~ No Are there any areas which contain wetland grasses? Are the wetland areas shown on the map submitted with this application? Is the property bulkheaded between the wetlands area and the upland building area? 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 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? ~Q~ If none exist, please state "none." G. Do you have any ~onstruct~on taking '~lace 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? nO If yes, please explain where or submit copies of deeds. I. Please list present .use ~r ~erations conducted at this parcel ~ L~ P-~..,~tl~ /3wEl[/~ and proposed use ~/~& t£ .f-w-~[/u b~l/l~6 i~# ~ ~F~ / / Author~dSSgnature and D~te / 3/87, 10/901k FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. PRE EXISTING CERTIFICATE OF OCCUPANCY No Z-19905 Date MAY 15r 1991 THIS CERTIFIES that the building. ONE FAMILY DWRT.LING Location of Property 955 DEEP HOLE DRIVE MATTITUCKr N.Y. House No. Street Hamlet County Tax Map No. 1000 Section 115 Block Subdivision Filed Map No. 13 Lot 9 Lot No. conforms substantially to the Requirements for a Private One Dwelling built prior to: APRIL 9~ 1957 pursuant to which CERTIFICATE OF OCC. #Z-19905 dated MAY 15~ 1991 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 ONE FAMILY DWELLING WITH ATTACHED ONE CAR GARAGE * ~ ~-~,,' , ~ The certificate is issued to · (owner) ~'~"~!~'"~ of the aforesaid building. _~,'-~' , , S'U_~'~3LE COUNTY DEPARTMENT OF HEALTH APPROVAL i~ ~"~ UNDERWRITERS CF-.RTIFICATE NO. PLUMBERS CERTIFICATION DATED *PLEASE SEE ATTAC~ED INSPECTION REPORT. Rev. N/a LEON H. STANDLEY '- ' ~uildlng Insp6ct~r .... ' ~ Srandazd N. Y. B.T.U. Fo~m SOo -8atgaln and Sale Deed. with Covenant against ClOt's Acts--lndlvldual or Co~poration (single sheet) CONS~T YOUR ~ER g~O] SIGNING ~S INST~K--THIS I]T~ME~ SflOG [ ] ~IRS ONLY. 11274P 224 THIq INDF.~eI~JR~ made the 22nd d~y of May , nineteen hundred ami ninety~.one llETWF.~N LEON STANDLEY, residing at Deephole Drive, Matt±tuck, New York party o[ the first part, and GARY J. FISH and CAROL Avenue, Peconic, New York, as joint tenants with rights of surv-fvorshi~, party of the second part, 'W[TNF.~I~I't~ that the party of the first part, in consideration of Ten Dollars and other valuable consi.der.ati.on paid by the party of the second part, does hereby grant and release unto the party of the second part, tt~e ru~rs or successors and assigns of the party of the second part forever, ~i.I. that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lyingandbeinginthe Town of SouthOld, County of Suffolk and State of New York bounded and described as follows: BEGINNING at an iron pipe of the easterly line of the Westeriy branch of Deephole Drive., 905.93 feet southerly along said easterly line from New Suffolk Avenue, from said point .or place of BEGINNING. Runnigg along land of Taborsky South 87 degrees, 19 minutes, 20 seconds East, 150.00 feet to Land of Rqgoszinski; and RUNNING thence along the land of Rogoszinski and Zeuner South 2 degrees, 40 minutes, 40 seconds West, 100.00 feet to land of Zaleski and; RUNNING'thence along land of Zalenski North 87 degrees, 19 minutes, 20 seconds West, 150.00 feet to the easterly line of Deephole Drive; THENCE along said Easterly line of Deep Hole Drive, North 2 degrees, 40 minutes, 40 seconds East, 100 feet to the point or place of-beginning. SAID premises being more commonly known as Deephole Drive, Mattituck, New York. Grantor having acquired title by deed dated August 9, 1989, recorded October 31, 1989 in Liber 10957 cp. 589, made by Leon Standley, as Executor of the Last Will and Testament of Marguerite S~andley, deceased. TOGETI-IER xvith all right, title and interest, if hny, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER wkh the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO I-IOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section .the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of Paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the Same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WI'I'NE-qS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. . $ 5 - LEON JUN 6 ]991 NEW YORK ) ) On the DAVIS, ESQ* STATE OIL NEW YORK, day of May, 1991, before me personally came JAY to me known to be the individual described in and who %cf ore and who" ~'' dged that executed the foregoing instrument and 'to me known to be the attorney-in-fact of LEON STANDLEY, the individual described in, and who by said attorney-in-fact executed said instrument and duly acknowledged that he executed the same as the act and deed of said LE_ON STANDLEy_ by virtue of power of attorney dated March 25 199! and to be recorded simultaneously herewith. ~efore me NOTARY PUBLIC CAMILLE RIO NotarY Public, State of NevZ No. 52.4631928 ~ulllfl,d in Suffolk COml~,~: O~ Exf)lre$..,1....; ent, with me dulT~ [ivldual ,tmment; and saw witness, · thereto. WITH COVENANT AGAINST GRANTOR'S ACTS TETI~ NO. LEON STANDLEY, S£CTION 115.00 BLOCK 13.00 'OT 009.00 COUNTY OR TOWN Suffolk GARY J. FISH AND CAROL LEE FISH First Am~ican Title Insurance Company of New York Recorded At Request of 'i First American Title Insurance Company of New Ycek Em'rUIN BY MAIL Caminiti, Esq. :?: ?!::!'~ Paul 54075 Main Road Cor. Beckwith Avenue~ P.O. Box 992 .~ .... ~;~L:.m~°~' Southold, New York //q7/ /pO~: ~, 11971- ~ ~,' 1401 (~) COUNTY OF SUFFOLK !_~..~ SOUTH_ql~O 048643 JUDITH T. TERRY, TOWN CLERK RECEIPT Town of Southold / Southold, New York11971 ~ /-- ? 19 Phone: 516 - 765-1801 DATE ' FOR: c~ CASH Appendix C Slate Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMEMT FOR~I For UNLISTED ACTIONs Only PART I~PROJECT INFORMATION (To be completed b~ AoDllcant or Project sDOnSor) I. APPLICANT;SPONsOR lO. CCES ACTICt4 t~IVOLVE A PERMIT A~PROVAL, OR FUNDING. NOW OR ULTIMAi'EL¥ FROM ANY OTHER GOVERNMENTAl. A~Cy 12. AS A RESULt' OF PROPO.~EO A(-;TIOt~'~/ILL EXISTING PERMIT/APPROVAl. REQUIRE MODIFICAi' I CERTIFy THAT THE INFORMATION PneVlOEO AaOVE IS TRUE TO THE EEST OF ~,IY KNOWLEDGE state agency compete Ihe OVER 1 oE =h~. =o=~. a~d a~ envtroa~ental r~vReV[ew ^~t ~eau[ . · rt EAF it is assumed ~:~:~:a:~d,~:i~kelY impact= o~ the action. ~t is not eXpected that ni£icant and completed Ea ..... sWered Yes the project may be sig- V~ronmental Assessment Form i= necessary. (c) If all questions have been answered No it is likely that the (d)' £nvironmental Assessm.nt 1. Will project result ia a larce Physical change to the pro3ec= site or physically than 10 acres of land? alter more 3. Will project alter or have a large effect o~ 4. Will project have a potentially large impact on 5. 10. 11. 12. 13. Will project significantly on adjacent sites? effect drainage flow _Pr°3ect affect any threa ;lill project result in a major adverse effect on~yes air quality? Will project have a major effect on visual char--- Yes known to be important to the Will PrOject have a m~jor Offect on eMi=ting or noise _f_ t regularly cause objecti Will Pro)oct have any 14. Will PrO]oct affect the eMi=ting community by 15. ZS there public controversy COncerning the PrO]ccc? BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter ot the Petition of to the Board of Appeals of the Town of Southold YOU A~E HEREBY GIVEN NOTICE: to request a (Variance) ~_~.eciat Exception.) (Special Permit) NOTICE TO ADJACENT PROPERTY OWNER ~.Thatitistheinten~i~n~ftheund~rsignedt~petiti~ntheB~ard~fAppea~s~ftheT~wn~f~utho~d (Other). [circle choicel ~ ). 2. That the property which is the subject of the Petition is located adiacent to your property and is des- cribed as follows: ~ .a'-,.~' /~ ,~,~,,~ ,/~.~ ~' ,~ ~. L,',~ ~~ ~ ~, /~ / / 3. That the property which is the subject of such Petition is located in the following zoning district: / $. Thai the provisions of the Southold Town Zoning Code applicable to the relief sought by lhe'under- signedare Article ~ ~=ction r---~//,~,gT: I00 ~'gc ' B~ [ ] Section 280-A, New. York Town Law for approval of access over right(s)-of-way.' 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma), 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 }uch 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. uwners Names'~ · Post Office Address ~ ., Tel. No. (~/~) [Copy of sketch or plan showing proposal to be attached for convenience purposes.] '~,~ NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS P 895 937 990 ~._. Ce~'d Mail Receipt ~ ~' No"[nsurance Coverage Provided ~,- Do not use for International Mail ........... (See Reverse) PO State & ZIP Code g STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: /~,~77't';~-t~c .4.~,/ //~/",~" , being duly sworn, deposes and says that on the ~ day of ,19 ?~ ,deponent mailed a true copy of the Notice set forth on there- 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 thc current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at .~)c4rT'/o~/J ,,,f.,/,,~- ; that said Notices were mailed to each of said persons by {certified) (registered) mail. / Sworn te before me this day of J~ / /,~qotary Public JOYCE M. WILKINS Notary Public, State of New York No. 4952246, Suffolk Cour~t~. Term Expires June 12, 19-7.D (This side does not have to be completed on form transmitted to adjoining property owners.) BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter CT 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 ~.he intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a(Variance) S~ial Exception) (Special Permit) (Other) [circle choice) ~ ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: c~ ~-j- ~3~.~ /7~C~ ~ ~-? ~'~- /~,~7~-i,,'-,~/~ ~,~. i1~ 3. That the prop,$~ty which is the subject of such Petition is located in the following zoning district: 4 1hat h~ such Pelition, the undersigned will request the following relief: $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- [ ] Section 280-A, New York Town Lau for approval of access over right(s)-of-way.' 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma), then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Post offlce.. Address ~ ~ ~ /~/~ [Copy of sketch or purposes.] plan showing proposal ,~o be attached,for convenience P 895 937 9~9 ified Mail Receipt urance Coverage Provided use for International Mail ~"EO~^TS (See Reverse) r Sent to ' Street & NO PROOF OF MAILING OF NOTICF =H CERTIFIED MAIL RECEIPTS ADDRESS STATE OF NEW YORK ) COUNTY OF SUFFOLK } CA::_ v'c,~-uf'- //gJ'~ . being duly sworn, deposes and says that on the /~I~ day of ~r/~,~,~- / , 19 ?~, . deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- rice at ~/~ ~", ~.'/- ; that said Nolices were mailed to each of said persons by (certified) (registered) mail. / Sworn tq before me this /~/~ Notary Public N .. ?YCE M. V, nLKIN$ ublio, ~tate of New Yo~ This side does not have to be completed on form transmitted to adjoining property owners.) BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter o~ the Petition of : to the Board of Appeals of the Town nf Southnld : NOTICE TO ADJACENT PROPERTY OWNER TO: YOU ARE HEREBY GIVEN NOTICE: 1. That il is the intention of the undersigned to petition the Board of Appeals of the Town of Southold torequesta(Variance)~ial Exception(Special Permit) {Other) [c~eZe c~o~ce] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: ?.~.,'~ / 3. Thai the property which is the subiect of such Petition is located in the following zoning district: /q.- S. That lhe provisions of the Southold To~n ZoninB Code applicable m the relief sou~h~ by l~e under- signed are ~ticle ~ ~on ~P~ /oo S~ ~/ ~) /~ [ ] Section 280-A, New Yor~ Town Law for approval of access over right(s)-of-way.' 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the 5outhold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (516) 7~5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to 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. Owners Names: /' Post Office.. Address [Copy of sketch or plan showing proposal to be attached for convenience purposes.] PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS 95 937 96& ified Mail Receipt surance Coverage Provided t use for international Mail (See Reverse) RO, State & ZiP Code Ce.ified Fee Return Receipt Showing STATE OF NEW YORK ) COUNTY OF SUFFOLK) /~p'~,;~/7-/~-~CyL~ ,~(.~. //,~/"-Z-- , being duly sworn, deposes and says that on the /tO~ day of /o~e~W-~'~,~._ / , !9 5/.~ ~ deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at ~e4.r~,~E_~ ; that said Nodces were mailed to each of said persons by {certified) (registered) mail. Sworn to ~before me this /~' day of  ary Public ~- JOYCE M. ~INS N~ Public, S~e of New No. 495~46, Surfak Cou~ Te~ ~i~ June 12, 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 or 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 ia the intention of the undersigned to petition the Board of Appeals of the Town of Southold torequest a (Variance)~ceptio~ (Special Permit) (Other) [circle choice] ; ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: / 3. That the property which is the subject of such Petition is located in the following zoning district: 4 lhat h'~ such Pefiti,,o, the undersigned will request the following relief: 7~ ~t:~ZT;'7~,.¢) ,7'~//,,~ / 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article ~' Sec~_ion c~.er. /'oo ~-~c_..~/</3') /~ [ ] Sect~0n 280-^, New Yorl~ Town Law for appr0va] of access over ri§ht(s)-o¢-way: 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you ma), then and ~here 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 and be heard at such hearing. Petitioner, / ,/~. . ~o Te . Ho. / [Copy of sketch or plan showing proposal to be attached for convenience purposes.] PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ~ 937 992 iT.Certified Mail Receipt NO Insurance Coverage Provided Do not use for International Mail (See Reverse) Street a NO. ~O, State & ZIP C~e ADDRESS STATE OF NEW YORK ) COUNTY OF SUFFOLK) , being duly sworn, deposes and says ~hat on ~he ~ day of ~~ , 19 ~ , deponent mailed a true copy of the Notice se~ forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite thei~ r~pective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United Sta~es Post Of- rice a~ ~o~ ~.~, (certified) (registered) mail. / Sworn to before me this /~' ~ day of~ ,19 JOYCE M. WILKIN$ Notary Public, State of New Yoek No, 4952246, Suffolk T~m E~ir~ June ;that said Notices were mailed to each Of said persons by // (This side does not have to be property owners.) completed on form transmitted tO adjoining