Loading...
HomeMy WebLinkAbout4088 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS 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 Appl. No. 4088. Application of MARGARET F. WEIDMANN. Special Exception under the Zoning Ordinance, Article IIIA, Section 100-30A.2(B)(1) and Article III, Section 100-31B(14) for permission to establish an "Accessory Apartment Use." Location of Property: 3245 (easterly side) Wells Road, Peconic, Town of Southold, NY; County Tax Map Parcel No. 1000-86-2-7. WHEREAS, a public hearing was held on April 2, 1992, 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 concgrning this application; and WHEREAS, the Board made the following Findings of Fact: 1. By this application, appellant requests a Special Exception to the Zoning Ordinance, Article III, Section 100-30, Subsection B{14} for permission to establish a new "Accessory Apartment" within the same footprint of the existing principal (dwelling) structure, as more particularly shown on the sketched plans submitted with the application. 2. The premises in question is located in the "R-40" Low-Density Residential Zone District and contains 18,50~ sq. ft., with frontage along the easterly side of Wells Road of 100.0 feet and along Richmond Creek of 110+- feet, all as shown by a survey submitted for consideration amended October 25, 1985 (originally surveyed May 3, 1968 by Otto VanTuyl, L.S.). 3. The subject premises is improved with a single-family dwelling structure with attached one-car garage. The setbacks of the dwelling footprint scale out to be: (a) 42 ft. from the front property line, exclusive of stoop area; (b) 83+- feet from the ordinary highwater mark along Richmond Creek; (c) the southerly and northerly sideyards at 19 feet and 17 feet, respectively, for a total of 36 feet for both side yards. ., ~age 2 - May 7 , 1992 ' Matter of MARGARET F. WEIDMAN Appl. No. 4088 - Special Exception 4. The area to be occupied as an "Accessory Apartment" is shown to be over the existing addition (which was constructed under Building Permit No. 14653) at the northerly end of the existing structure. The applicant is requesting a livable floor area for the proposed accessory apartment at 1010 sq. ft. The remaining floor area to be retained as the principal single-family residence of the owner will be approximately 1975 sq. ft. 5. Article III, Section 100-30(B) permits the establishment of such use, subject to conditions (a) through (p). It is noted for the record that the principal dwelling use (main structure and porch} was constructed under Building Permit No. 3884Z issued May 14, 1968 and has been issued a Certificate of Occupancy No. Z3166 dated August 14, 1968. Subsequently, a building permit and Certificate of Occupancy were issued in 1986 for a 552 sq. ft. addition. It is the position of the Board Members that the requirements have been met to show that a valid Certificate of Occupancy was issued prior to January 1, 1984 for a "single-family residence" (even though a portion of the accessory apartment will be over the 1986 footprint of the addition rather than entirely over the 1984 original footprint). 6. The zoning code 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. (An available one-car garage would be permitted as one parking space.) 7. In considering this Special Exception application: (a) the Board has given consideration, among other things, to subsections {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 Mr. Villa, seconded by Mr. Doyen, it was RESOLVED, that a Special Exception for an "Accessory Apartment" as provided in Article III, Section 100-31(B){14} of the Zoning Code, in the Matter of MARGARET F. WEIDMAN under Appl. No. 4088, BE AND HEREBY IS APPROVED SUBJECT TO COMPLIANCE WITH SUBSECTIONS (a) through (p) thereof and as follows: ~age 3 - ;~y '7 , 1992 Matter of MARGARET F. WEIDMAN Appl. No. 4088 - Special Exception i. The size of the accessory apartment shall not exceed 40 percent of the livable floor area of the existing dwelling unit, (800 sq. ft. ) (According to the town's assessment records, the livable floor area of the existing dwelling is presently 2,000 sq. ft. Accessory Apartment must be over current, existing foundation footprint only. 2. There shall be no outside stairwells (only interior stairs for entering or exiting the residence). 3. Building permit approvals are required before commencing construction or alteration activities. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio, and Villa. (Absent was: Member Grigonis {ill}. This resolution was duly adopted. lk ZCEIVEi) AND FILED BY DATE /~ERARD P. GOgHR'INGER~HAIp~V~AN 5/13/92 / NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following matters will be held for public hearings before the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, New York 11971, on THURSDAY, APRIL 2, times specified below: 53095 Main Road, Southold, 1992 commencing at the 1. 7:32 p.m. Exception under 100-30A.2(B)(1) Appl. No. 4088 - MARGARET F. WEIDMANN. Special the Zoning Ordinance, Article IIIA, Section and Article III, Section 100-35B(14) for permission to establish an "Accessory Apartment Use." Location of Property: 3245 (easterly side) Wells Road, Peconic, Town of Southold, NY; County Tax Map Parcel No. 1000-86-2-7. 2. 7:35 p.m. Appl. No. 4089 - EVELYN P. TURCHIANO. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.4 (100-33) for permission to locate a new accessory garage building in the front yard area. Location of Property: (Westerly side) 450 Deep Hole Drive, Mattituck, Town of Southold, Page 2 - Legal NotJ Hearings for April 2, 1992 Southold Town Board of Appeals NY; County Tax Map Parcel No. 1000-115-12-5. This parcel is substandard in size and is located in an R-40 Zone District. 3. 7:40 p.m. Appl. No. 4087 - BART AND CHRISTINE RUROEDE. Variance to the Zoning Ordinance, Article XXIV, Section 100-244, for approval of an open deck addition with an insufficient rear yard setback. Location of Property: 450 Maple Lane, Lot No. 81, Map of Cleaves Point, Section 3, Greenport, Town of Southold; County Tax Map Parcel No. 1000-35-5-6. This parcel is substandard in size and is located in an R-40 Zone District. 4. 7:45 p.m. Appl. No. 4085 - ANDREW AND ANN MONACO. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 for permission to locate a new dwelling with a setback at less than the required 100 feet from the top of the L.I. Sound bluff. Location of Property: Corner of the northerly side Aquaview Avenue and easterly side of Rocky Point Road, East Marion, Town of Southold; County Tax Map Parcel No. 1000-21-2-1. This parcel is substandard in size and is located in an R-40 Zone District. 5. 7:50 p.m. Appl. No. 4096 - PAT AND ROSEANNE IAVARONE. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4B for permission to locate a deck addition with a setback at less than 75 feet from the,bulkhead along Baldwin's (Mud) Creek. Location of Property: 950 Strohson Road, Page 3 - Legal Not~[~ Hearings for April 2, 1992 Southold Town Board of Appeals Cutchogue, Town of Southold; County Tax Map Parcel No. 1000-103-10-24. This parcel is substandard and is located in the R-40 Zone District. 6. 7:55 p.m. Appl. No. 4095 - DENNIS DAVIS. Variance to the Zoning Ordinance, Article III, Section 100-33 for permission to located a detached, accessory building in the front yard area. Location of Property: 6010 Soundview Avenue, Hamlet and Town of Southold, NY; County Tax Map Parcel No. 1000-59-8-5.11. 7. 8:00 p.m. Appl. No. 4094 - ANITA MACRAE FEAGLES. Variance to the Zoning Ordinance, Article III, Section 100-33 for permission to construct detached, accessory garage building in the side yard area. Location of Property: South Side of Oceanview Avenue and North Side of Beach Avenue, Fishers Island, Town of Southold; County Tax Map Parcel No. 1000-9-11-2.1. 8. 8:03 p.m. Appl. No. 4097 - JOHN G. AND MARIE ELENA BRIM. Variances to the Zoning Ordinance, Article III, Section 100-33 for permission to locate tennis court with steps and retaining wall in the side yard and partly in the front yard, and having an insufficient setback from the front property line and from the freshwater wetlands, (which will include the removal of an existing garage presently in the side yard). Location of Property: Northerly side of Private Road off East End Avenue, Fishers island, Town of Southold; County Tax Map Parcel No. Page 4 - Legal NotJ~ Hearings for April 2, 1992 Southold Town Board of Appeals 1000.-4-3-3; also referred to as FIDCO Block 18, Lots iA and lB as combined, having a total land area of 3.56+- acres in this R-120 Zone District. 9. 8:10 p.m. Appl. No. 4037 - METRO/808 REALTY CORP. Variance to the Zoning Ordinance, Article IX, Section 100-92 and Article XXIV, Section 100-241A, as disapproved by the Building Inspector, for approval of a permanent rooflike structure (canopy) over gasoline pump island. The principal use, gasoline sales with accessory office and necessary inside storage incidental thereto, is nonconforming in this Hamlet Business (HB) Zone District. Location of Property: Corner of the Northerly Side of Main Road (Route 25) and the Westerly Side of Depot Lane, Cutchogue, Town of $outhold; County Tax Map Parcel No. 1000-102-5-26. 10. 9:00 p.m. Appl. No. 4091 - EUGENE M. LACOLLA. Variance to the Zoning Ordinance, Article III, Section 100-31 A & B, requesting permission to change use of a portion of~the subject premises, from residential to non-residential. Location of Property: North Side of Main Road (State Route 25), Greenport, Town of Southold; County Tax Map Parcel Nos. 1000-56-4-24 & 19. · The Board of Appeal-s 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 Page 5 - Legal Not~ Hearings for April 2, 1992 Southold Town Board of Appeals the conclusion of the subject hearing. Each hearing will not start before the times designated above. For more information, please call 765-1809. Dated: March 17, 1992. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Copies have been forwarded to the following on or about 3/17/92: L.I. Traveler-Watchman, Inc. (fax transmission) Times-Review (fax transmission) Individual Files and Board Members Town Clerk Bulletin Board RECEIVED /I ;~1~1 MAR O( TOWN OF SOUTHOLD, NEW YORK ACCESSORY APARTMENT APPLICATION FOR SPECIAL EXCEPTION S~u#lokl Town Cled~ BOARD OF APPEALS, SOUTHOLD, NEW YORK: Application No. L/~ Date Filed: ~X/w/~~Z- ' House No. and Street (Hamlet/State, Zip Code) hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE, ARTICLE Ill '_ , SECTION I oo -- ~O~J~,,SUBSECTION IS' 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. F(~. ~;.X'"~__.-~ ~"~ W~.~t'¥'~..I~r~ is (~m~-) the owner(~) of property know~ and l~fePred to as (House No., Street, Hamlet) identified on the Suffolk County Tax Maps as District 1000, Section~, Block Lot "~ , which ~ (is not) on a subdivision map (Filed~p of -- "Filed Map No. t d)~O 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. ]n addition to meeting ~he standards p~escvibed bj the zoning o~dinance, the follouing vequivemen~s uill be 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) C. 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 e.vent 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. D. The proper~y which is the subject of this application is zoned ~-~(~Vl~I~C~/ and [v~ 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 wirll be~q~u~nished. STATE OF NEW YORK) ss.: (Sign~uf6} ~ Sworn to before me this ~-? day of (Notary Public) KAREN W. BOERGESSON NOTARY PUBLIC, State of New York Ho. 4842180 ZB5 2/6/86 ~ U~,~-m.,~ VE N C. VV'~ID.M~,N/ TOWN OF SOUTHOLD PROPERTY RECORD CARD VILLAGE' DISTRICT SUB. ACREAGE ':. LOT " TYPE OF BUILDING 'RES. IO LAND SEAS. VL. I M P. TOTAL · NORMAL /o0~ /~m NEW FARM DATE ~ ///~//Z~ o ,/ ~/~ BUI~DIN~ CONDITIO BELOW ABOVE Farm ' Acre Value Per Acre Value Tillable 1 Tillable 2 Tillable Woodland Swampland Brushlend House Plot Tota I e~ns/~n j'~ ~'~/ _- 2~. ~"- ~.Walls ~ ~;rJ,';',"~ Interior Finish ~4~,. ~tension Fire Place ..~r ~ ~ He~ ~ ~ ~ ~ . Porch Rooms 1st Flor Breezeway Patio Rooms 2nd Ft~r Garage O.B. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Ser Doyen, Jr. James Dinizio, Jr. Robert A. Villa Ri-~-~ C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TO%VN OF 8OUTHOLD January 10, 1994 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Mrs. Margaret Weidmann 3245 Wells Road - Box 221 Peconic, NY 11958-0221 Re: Appl. No. 4088 - Accessory Apartment Dear Mrs. Weidmann: You will recall in May 1992 that a Special Exception for an Accessory Apartment in your home was approved with conditions. We are writing to remind and to request each applicant that an annual renewal is required for the apartment. For your convenience, we enclose the Building Department's form for your signature in order that an annual inspection may be made for issuance of a Certificate of Compliance. Please return this form with the $25.00 renewal fee and copy of the written lease (if any) in effect at this time 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. <If, however, you do not wish to have the Accessory Apartment, please confirm this at the bottom of this letter and the approval will be removed permanently from Town records.> Should you have any questions, please call Linda in our office or Georgia in the Building Inspector's Office at 765-1802. ~Rolosures Very truly yours, CHA'r~ OWNER'S COMMENTS: Signed: CONSENT TO INSPECTION Maroarat F. Weidmann , the undersigned, Owner(s) Name(s) do(es) hereby state: That the undersigned (is) (a~) the owner(s) of the pr~rnises in the Town of Southold located at 2~a~ w,~ ] ~ Rnad, Peconic, NY · which is shown and designated on the Suffolk County tax map as District 1000, Section 86 , Block 2 . Lot 7 That the undersigned (has) (have) filed, or caused to be filed. :.an applica- tion in the Southold Town Building Inspector's Office for the following: Occupancy of Accessory Apartment in Existin~ One-Famil~' Dwellin~ ZBA Application No. 4088 issued May 7, 1992. That the undersigned do(es) hereby give consent to the Building Inspectors of the Town of Southold to enter upon the above described property, including any and all buildings located thereon, to conduct such inspections as they may deem necessary with respect to the aforesaid application, including inspections to determine that said premises comply with all of the laws, ordinances, rules and regulations of the Town of 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. lease for Accessory Apartment.) (Please attach copy of Dated: January , 199 (signature) ~argaret F. Weid~nn (print name) (signature) (print name) '~" ,'P~-~e. 2 - May 7 ,~92 "M~tt~r of M3%RGARET_. WEIDMAN Appl. No. 4088 - Special Exception 4. The area to be occupied as an "Accessory Apartment" is shown to be over the existing addition (which was constructed under Building Permit No. 14653) at the northerly end of the existing structure. The applicant is requesting a livable floor area for the proposed accessory apartment at 1010 sq. ft. The remaining floor area to be retained as the principal single-family residence of the owner will be approximately 1975 sq. ft. 5. Article III, Section 100-30(B) permits the establishment of such use, subject to conditions (a) through (p). It is noted for the record that the principal dwelling use {main structure and porch} was constructed under Building Permit No. 3884Z issued May 14, 1968 and has been issued a Certificate of Occupancy No. Z3166 dated August 14, 1968. Subsequently, a building permit and Certificate of Occupancy were issued in 1986 for a 552 sq. ft. addition. It is the position of the Board Members that the requirements have been met to show that a valid Certificate of Occupancy was issued prior to January 1, 1984 for a "single-family residence" (even though a portion of the accessory apartment will be over the 1986 footprint of the addition rather than entirely over the 1984 original footprint). 6. The zoning code 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. (An available one-car garage would be permitted as one parking space.) 7. In considering this Special Exception application: (a) the Board has given consideration, among other things, to subsections {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 Mr. Villa, seconded by Mr. Doyen, it was RESOLVED, that a Special Exception for an "Accessory Apartment" as provided in Article III, Section 100-31(B){14} of the Zoning Code, in the Matter of MARGARET F. WEIDMAN under Appl. No. 4088, BE AND HEREBY IS APPROVED SUBJECT TO COMPLIANCE WITH SUBSECTIONS (a) through (p) thereof and as follows: · ~- ~P~gg 3 ~ay 7 .~'792 ~Mat~er of MARGARE~F. WEIDMAN Appl. No. 4088 - Special Exception i. The size of the accessory apartment shall not exceed 40 percent of the livable floor area of the existing dwelling unit, (800 sq. ft. ) (According to the town's assessment records, the livable floor area of the existing dwelling is presently 2,000 sq. ft. Accessory Apartment must be over current, existing foundation footprint only. 2. There shall be no outside stairwells (only interior stairs for entering or exiting the residence). 3. Building permit approvals are required before commencing construction or alteration activities. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio, and Villa. (Absent was: Member Grigonis {ill}. This resolution was duly adopted. lk /13/92 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Tolephone (516) 765-1809 % · BOARD OF APPEALS TOWN OF SOUTHOLD January 10, Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 1994 Mrs. Margaret Weidmann 3245 Wells Road - Box 221 Peconic, NY 11958-0221 Re: Appl. No. 4088 - Accessory Apartment Dear Mrs. Weidmann: You will recall in May 1992 that a Special Exception for an Accessory Apartment in your home was approved with conditions. We are writing to remind and to request each applicant that an annual renewal is required for the apartment. For your convenience, we enclose the Building Department's form for your signature in order that an annual inspection may be made for issuance of a Certificate of Compliance. Please return this form with the $25.00 renewal fee and copy of the written lease (if any) in effect at this time 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. <If, however, you do not wish to have the Accessory Apartment, please confirm this at the bottom of this letter and the approval will be removed permanently from Town records.> Should you have any questions, please call Linda in our office or Georgia in the Building Inspector's Office at 765-1802. Very truly yours, lk Enclosures cc: Building Department OWNER'S COMMENTS: GERARD P. GOEHRINGER CHAIRMAN signed: CONSENT TO INSPECTION Margaret; F. Weidmann , . the undersigned, Owner(s) Name(s) do(es) hereby state: That the undersigned (is) (~t~') the owner(s) of the premises in the Town of Southold located at ~9aa wp] l f Rnmcl Peconic. NY · which is shown and designated on the Suffolk County tax map as District 1000, Section 86 , Block 2 , I3ot 7 That the undersigned (has) (have) filed, or caused to be filed, !an applica- tion in the Southold Town Building Inspector's Office for the following: Occupancy of Accessory Apartment in Existin,q 0ne-Famil~? Dwellin,q 7BA Application No. 4088 issued May 7, 1992. That the undersigned do(es) hereby give consent to the Building Inspectors of the Town of Southold to enter upon the above described property, including any and all buildings located thereon, to conduct such inspections as they may deem necessary with respect to the aforesaid application, including inspections to determine that said premises comply with all of the laws, ordinances, rules and regulations of the Town of 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 Dated: January ~ 199 Apartment.) (signature) Maroarat F. Weidmann (print name) (signature) (print name) DEPARTMENT OF PLANNING COUNTY OF SUFFOLK ROBERT J, GAFFNEY SUffOlK COUNTY EXECUTIVE I~II 1 9 1992 ARTHUR H. KUNZ DIRECTOR OF PLANNING May 15, 1992 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) Weidmann, Margaret 4088 Very truly yours, Arthur H. Kunz Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner H LEE DENNISON BUILDING · VETERANS MEMORIAL HIGHWAY · HAUpPAUGE. NEW YORK 1 1788 · (516) 853-5192 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOT1~ 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 XIV of the Suffolk County Administrative Code, The Board of Appeals of the Town of Southold, New York, hereby refers the follcx~ing to the Suffolk County Planning C~LIL~issi(DR: Variance from the Zoning Code, Article , Section Variance from Determination of Southold Town Building Inspector xx Special Exception, Article III , Section 100-31' B 1~ Special Permit Appeal No: 4088 Applicant: Margaret F. Weidmann k0cati0n of Affected Land: 3245 Wel%s Road, Peconic, County Tax Map Item No.: ]000- 86-2-7 Within 500 feet of: NY __' Town or Village Boundary Line xx Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area Existing or Proposed Right-of-Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines, or __Within One Mile of a Nuclear Power Plant __Within One Mile of an Airport Comments: Applicant is requesting permission.to construct second floor qon-revenue mother/dauqhter apartment ~pies of Town file and related documents enclosed for your review. Dated: May 13, 1992 /~/ ~. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (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 ~ay ±3, 1992 Mrs. Margaret F. Weidman 3245 Wells Road P.O. Box 221 Peconic, NY 11958 Re: Appl. No. 4088 - Special Exception for Accessory Apartment Dear Mrs. Weidman: Please find attached a copy of the Board's determination and conditions adopted at our Regular Meeting of Thursday, May 7,. 1992 permitting an "accessory" apartment for a size up to 800 sq. ft. and other construction limitations in effect under the code provisions at this time. Please be sure to return to the Town Building Department (and check with other agencies which may have jurisdiction due to the waterfront nature of your property before commencing building activities, such as the N.Y.S. Department of Environmental Conservation and Town Trustees). A copy of this determination has also been furnished this date to the Building Department for their permanent records. Very truly yours, Linda Kowalski Enclosure Copies of Decision to: Southold Town Building Department Suffolk County Department of Planning fPage 3 - 'Matter of Appl. No. ~ay 7 ,~92 MARGARET-S. WEIDMAN 4088 - Special Exception 1. The size of the accessory apartment shall not exceed 40 percent of the livable floor area of the existing dwelling unit, (800 sq. ft. ) (According to the town's assessment records, the livable floor area of the existing dwelling is presently 2,000 sq. ft. Accessory Apartment must be over current, existing foundation footprint only. 2. There shall be no outside stairwells (only interior stairs for entering or exiting the residence). 3. Building permit approvals arerequired before commencing construction or alteration activities. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio, and Villa. (Absent was: Member Grigonis {ill}. This resolution was duly adopted. lk Page 17 Public Hearing Southold ZBA April 2, 1992 Appeal # 4088 Applicant(s): Margaret F. Weidmann Location of Property: 3245 Wells Road, County Tax Map No.: 1000-82-2-7 Peconic, NY The Chairman opened the hearing at 7:38 p.m. nad read the Notice of Hearing and application for the record. CHAIRMAN GOEHRINGER: I have a copy of a survey, which was amended on October 25, 1985 and it was initiated and surveyed onMay 3, 1968 by Roderick VanTuyl, P.C. or VanTuyl and sons at that time. And I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Mrs. Weidmann would you like to use the mike? MRS. MARAGRET F. WEIDMANN: Do you have any questions? CHAIRMAN GOEHRINGER: Yes, we always have questions. MRS. WEIDMANN: I am ready. CHAIRMAN GOEHRINGER: The addition that you are proposing is over the existing foot print of the house or is it .... It appears that it is an addition for a second story apartment. that correct? MRS. WEIDMANN: Yes, but it is over the existing. It is not... CHAIRMAN GOEHRINGER: Do you have a porch in the back that this is what .... Is there a porch, what is underneath this side? What is the first story of this? out- MRS. WEIDMANN: The first story .... CHAIRMAN GOEHRINGER: Yes, what is it over the top of. What is it to be placed over. MRS. WEIDMANN: The first floor of the main floor of the house. CHAIRMAN GOEHRINGER: What is in that main floor of the house of the house. MRS. WIEDMANN: Two (2) bedrooms, a living room, a dining room, kitchen and a great room. It is not over all of that. Page 18 Public Hearing Southold ZBA April 2, 1992 MRS. WEIDMANN (con't.): It is only over the living room, the dining room, the two (2) bedrooms and bath. It is over that part of it. It is not over the kitchen and the great room. CHAIRMAN GOEHRINGER: And what is the approximate size of the apartment? MRS. WEIDMANN: I think it is .... CHAIRMAN GOEHRINGER: Square footage wise. MRS. WEIDMANN: I think it is ten, five, ten, ten or something like that. { CHAIRMAN GOEHRINGER: If the apartment was not granted, what would be the other avenue that you would have to do. First of all you mentioned to me prior to this hearing, that the apartment was for your daughter. MRS. WEIDMANN: Yes. CHAIRMAN GOEHRINGER: And you also mentioned to me that she is expecting a child. MRS. WEIDMANN: Yes, that is correct. CHAIRMAN GOEHRINGER: What would be the other avenue if you did not have the apartment? What would she have to do? MRS. WEIDMANN: She would have to find another place to live, because there isn't enough room, you see, on the first floor to accommodate. CHAIRMAN GOEHRINGER: Is there anything that you have thought about concerning this particular hearing that we didn't discuss prior to hearing or any other questions that you had of the Board concerning this? M_RS. WEIDMANN: One thing that I did want to mention is that on the drawings I think you have there is an outdoor .... CHAIRMAN GOEHRINGER: Stairwell. MRS. WEIDMANN: That has been deleted. Because I don't think it is necessary, because we have the indoor, in the living room, there is a stairway upstairs. And I don't want the outdoor thing, I think it is not proper, it doesn't look well. Page 19 Public Hearing Southold ZBA April 2, 1992 CHAIRMAN GOEHRINGER: You don't have an architectural rendering of this, what it looks like, what the house would look like with this completed do you? MRS. WEIDMANN: I think, don't you have the... CHAIRM3~N GOEHRINGER: I was looking only at floor plans when I looked. MRS. WEIDMANN: You have both the plans for the house, the side there and the other side CHAIRMAN GOEHRINGER: I am sorry, I apolozize. So okay, the stairwells meeting the fire code would be internally placed within the dwelling or structure itself. MRS. WEIDMANN: That is correct, yes, that might be believable because of the expense. CHAIRMAN GOEHRINGER: And what is your approximate feeling of of the cost of this construction? MRS. WEIDMANN: Well, CHAIRMAN GOEHRINGER: There is an easier way of saying this, what is it going to cost? MRS. WEIDMANN: I have had all kinds of figures thrown at me, anything from like fifty-five (55) to ninety-five (95). And you know, originally had taken things away. You realize the taxes are going to go up. CHAIRMAN GOEHRINGER: Right, What is the approximate, I mean how long have you actually owned the dwelling. MRS. WEIDMANN: Well my husband built the house originally. And he died in 1988. So you know, we had it, ever since it was built, I think you have the original survey there. CHAIRMAN GOEHRINGER: Okay. There is no other way of dealing with this accessory apartment. I did ask you prior to the hear- ing. We discussed it right down here and front if you could utilize the existing garage, you told me that was out of the question. MRS. WEIDMANN: You mean to build, to do away with the garage? The thought never occured to me to do that. It just wouldn't occur to me. I would prefer to have her have her own little Page 20 Public Hearing Southold ZBA April 2, 1992 HRS. WEIDMANN (con't): down stairs. nest, and I have my own little nest CHAIRMAN GOEHRINGER: You are the only person that presently lives downstairs? HRS. WEIDMAN: Yes. CHAIRM3%N GOEHRINGER: Okay. Well, as I mentioned to you prior to the hearing again, we have two (2) options. I did, out of a curtesy to you, discussed this with the Chairman of the Legislature committee prior to this meeting, only some ten (10) minutes ago and I have no idea if it is an agenda item or not an agenda item. Certainly, the present situation as it exists and as you propose, it is not necessarily fall within the guide lines of the accessory apartment as they were created in this law in 1984, okay. I should point out to you that this law came into being as a result of this particular Board going to the Association of Towns in 1982 and understanding what the Town of Babylon did in their establishment accessory law. We then culled those particular areas that we cared for, okay, en- hanced them, changed them, modified them, abridged them, and then came up with an accessory apartment law, which says that you have to have a C.O. prior to January 1, 1984, which I am sure you have on your house. However, it does not allow for the external construction either up or out, okay, of the existing foot print of the house. And that is the problem that we have. HRS. WEIDMANN: What does it allow for? CHAIRMAN GOEHRINGER: It allows for an existing internal modification. HRS. WEIDMANN: Oh, I see. In other words, you are saying the garage, use the garage. CHAIRMAN GOEHRINGER: Yea the garage or a portion of the house. HRS. WEIDMANN: That is impossible. CHAIRMAN GOEHRINGER: Well at this particular time, I will ask if anybody has any comments and we will probably close the hearing, we will do the best we can for you, that is all we can do. HRS. WEIDM3%NN: In other words, what you are saying there is no way I can put a second floor on my home? Page 21 Public Hearing Southold ZBA April 2, 1992 CHAIRMAN GOEHRINGER: Well, you most certainly can put a second floor on your home. The problem that you have is that you cannot use it as an additional living unit. Which very simply means that you cannot place a kitchen in that second floor. And that is the problem. MRS. WEIDMANN: Oh, I see. CHAIRF~tN GOEHRINGER: You see, what you are creating here is not necessarily a family situation. You are creating a legal, you are asking for a legal accessory apartment for the sole purpose of renting to XYZ tenant, not necessarily your daughter. MRS. WEIDMANN: I see, even though it's a non-revenue apart- ment, its just. I see as far as you are concerned. CHAIRMAN GOEHRINGER: My sister-in-law did the same thing for her daughter, she lives in Mattituck, however her daughter utilizes, she is a college student, utilizes the kitchen in the house. And that is the problem. And I didn't want you to get confused with that, and that is basically the reason why we are addressing it. But, rather than belabor the topic, we will again continue this process and see if there is anything else we can deal with. If for any reason, you take a long hard look at this within the next couple of days because we are not going to address this for at least two (2) weeks, and you feel that there is a utilization of the existing house. Which, of course, may require you to build an accessory garage, to house anything that you have in your garage, you know, in another accessory building. MRS. WEIDMANN: There's just not enough room. CHAIPa~L~N GOEHRINGER: I understand, I know it is very tight and I have been down and looked at the property. MRS. WEIDMANN: There is just no room. CHAIRMAN GOEHRINGER: Right, right. We will do the best we can, that is all we can do. Is there a specific, before I close this hearing, is there a specific financial hardship involved here with your daughter, and I don't mean. There are no press here tonight and this is not going to be published in the paper. MRS. WEIDMANN: I understand what you are saying. Page 22 Public Hearing Southold ZBA April 2, 1992 CHAIRMAN GOEHRINGER: It is a public record. MRS. WEIDMANN: Economically, this is the wisest thing for us to do at this time. CHAIRMAN GOEHRINGER: Okay. Well that is certainly one situation that we will have to deal with. And we thank you very much for coming in. If there is anything else that is generated throughout the hearing, of course, we will be back to you. MRS. WEIDMANN: So, I should keep in touch with you or... CHAIRMAN GOEHRINGER: Yes, we will be discussing it ongoingly. Give us a call in about two (2) weeks. Preferably the week after Easter, which is really three (3) weeks. Okay. MRS. WEIDMANN:Thank you very much. CHAIRMAN GOEHRINGER: Is there .anybody else who would like to speak in favor of this application? Anybody like to speak against the application? Questions from Board members? Hearing no further questions, I make motion closing the hearing and re- serving decision until later. MEMBER GRIGONIS: Second. Ail in favor - AYE. End of hearing. By Lorraine A. Miller (Transcribed by tapes recorded 4/2/92) NOTICE OF HEARINGS NOTICE IS HF~REBY GIVEN, ,ursuant to Section 267 of the Town .aw and the Code of the Town of ;outhold, the following matter~ ~ ~e he. Id for public hrairings befon: the ;OUTHOLD TOWN BOARD OF LPPEALS at the Sou,hold Town Iall, 53095 M~in R~ad, Sou,hold. %w York 119'/1, on THURSDAY, XPRIL 2, 1992 commencing at the Jmes specified below: 1, '/:32 p.m. App1. No, 4088 -- MARGARET F. WEIDMANN. ~pecial Exception under the Zoning Drdinance, Anicin ILIA, Se~ion 1 30A.2(B)(I) and A~icle rff, Secfon I ~0-30B(14) for Pannis sion to est~b - ;~th an "Accessory Apamnem Use." Location of Property: 3245 (e~sterly~ side) Wells Road, peconlc, Town of Seuthold, NY; County Tax Map Par- eel No. 1000-86-2-7. 2.7:35 p.m. AppL No. 4089 -- EVELYN P. TURCHIANO. Vari- ance to the Zoning Ordinance, A~icle IliA, Section 100-30A.4 (100-33) for permission to locate a n~w accessory garage building in the f~on~ yard area. ix~cation of Property: 450 (Westerly side) Deep Hole Drive, Mattimck, Town of Sou,hold, NY; County Tax Map parcel No. 1000-115-12-5. This parcel is substendard in siz~ and is located in an R-40 Zon~ Dislrict 3, 7:40 p.m, AppL No. 408Z -- BART AND CHRISTINE RUROEDE. Variance to the Zoning Ordinance, Article XXIV, Section 100-244, for approval of an open? deck addition with an insufficient mar yard setback. Location of Prop- eny: 450 Maple Lane, Lot No. 81, Map of Cleaves Point, Secuon 3, ~ Greenport, Town of Sou,hold County Tax Map Parcel No. 1000- 35-5-6. This parcel is substandard in siz~ and is located in ~n R-40 Zone District 4.7:45 p,m, Appl, No. 4085 -- ANDREW AND ANN MONACO. Variance to the Zoning Ordinance, A~inle ~ Section 100-239.4 for Pem~ission to loeatea new dwelling with a se,hack at less than the re- qui~d 100 fe.~ from the top of the L.I. Sound bluff. Loc~tlon of Prop- erty: Comer of the northerly side Aqu~vinw Avenue ~nd easterly side of Rocky Point R~d, East Marior£.a.. Town of Sou,hold; Comty T~x Map Parcel No. 1000-21-2-1. 'this parcel is substandard in size and is l~cated in an R~O Zone Disuict 5.7:50 p.m. App1. No. 4096 -- PAT AND ROSEANNE IAVA- RONE. Variance to the Zoning Ordinance, Article XXI~, Section 100-239.4B for parmission to locate a deck addition with a setback at less dian 75 feet from the Imlkheed along Baldwin's (Mud) Creek. Location of Property: 950 Strohson Road, Cntchogue, Town of Sou,hold; County Tax Map Parcel No, 1000- 103-10-24. This parcel is substmdard and is located in the R-40 Zone Di~- Zoning Ordinance, Article I~ Sec- ~on 100-33 for p~ion to locale a detached, acces~uflding in the front yard ate~ LoEation of property: 6010 Soundvinw Avenue, Hamlet and Town of Southold, NY; County Tax Map Parcel No. 1000-59-8-5.11. 7. 8:00 p.m. AppI. No. 4094 -- ANITA MACRA~ FEAGLES. Vail- IH, Section 100-33 for Permissico ~o building in the side yard area. Loca- tion of Proper~y: South Side of Coca.view Avenue and North Side of Beach Avenue, Fishers Island, Town of Sou,hold; Cotmty Tax Map Parcel No. 1000-9-11-2.1. 8. 8:03 p,m. AppL No, 4097 JOHN G. AND MAR_TE ELEN~ BRIM. Variances to the Zoning Or- dinance, Article I~ Section 100-33 with steps and retaining wall in the side yard and partly in the front yard, from the front property line and from the freshwater wetlands, (which will include the reanoval of an existing garage presently in the side yard). Location of Property: Northerly side Fishers Island, Town of Southold; County Tax Map Parcel No. 1000-4- 3-3; also refenod to as FIDCO Block 18, Lots lA and lB as combined, acm in this R-120 Z~e District 9. 8:10 p.m. Appl. No, 403'/-- METRO/80~ REALTY CORP. Vari- IX, Section 100-92 and Article X~IV, Section 100-241A, as disap-' proved by the Building Inspector, for pump island. The principal use, Hamlet Bu~ness (liB) Zone District Location of Property: Comer of the Northerly Side of Main Road (Route 25) and the Westerly Side of Depot Lane, Cntchogue, Town of Soudiold; County Tax Map Parcel No. 1000- STATE OF NEW Y~ SS: COUNTY OF SUFFOLK) said county, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at MatUtuck, In the Town of Southold, County of Suffolk and State of New York, and that the Notice cf which the annexed is a printed copy, has been regularly published in said Newspaper once each week for I weeks sqo$.easlvely, commencing on the I-"~ day of Warc t9 Principal Clerk Swom to before me this Secfi~ 100-31 A & B, mques~g ~ ~ssi~ ~ C~ge use of a - sid~u~. ~on of P~.y: No~ Side of ~ (S~ Route ~), O~ T~ of S~old; C~nty T~ Map sons or ~ms~mfives &s~g m p~or ~ ~ ~nclusi~ ct &e subj~ hea~g. ~ h~g ~ not ~fo~ ~e ~ designal~ a~ve. Dated: Ma~ 17, 199Z BY O~ OF ~E SO--OLD TO~ BO~ OF APPEA~ GER~ p. GOE~G~ 7~3-ITM19 By ~da Kow~ NOTARY ?UP~LiC. Slate o{ New Y0tk N~ 48~5257 Qualified in Suffolk County C0mmis~ian Expires Nov. 30, ~ NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following matters will be held for public hearings before the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, APRIL 2, 1992 commencing at the times specified below:' 1.7:32 p.m. Appl. No~ 4088-- MARGARET E WEIDMANN. Special exception under the Zoning Ordinance, Article IliA, Section 100-30A.2(B) (1) and Article ltl, Section 100-30B(14~ for permission to establish an "A~eaesory Apartment Usd' Location of Property: 3245 (easterly side) Wells Road Peconic, Town of Southold, NY: County Tax Map Parcel No. 1000-86-2-7. 2. 7:35 p.m. AppL No. 4089--- EVELYN P. TURCHIANO. Variance to the Zoning Ordi- nance, Article IIIA, Section. 100-30A.4 (100-33) for permis- sion to locate a new accessory garage building in the front ~trd area. Location of Property: 450 (westerly side) Deep Hole Drive, Mattituck, Town of Sonthold, NY; County Tax Map Parcel No. I 1000-115-12-5. This parcel is sub- I.x standard in size and is locate~ in an R-40 Zone District. ' [ 3. 7:40 p.m. Appl. No. 4087 [ --BART AND CHRISTINE RUROEDE. Variance to the i Zoning Ordinance, Article[ XXIV, Section 100-244, for ap- ! proval of an open deck addition: with an insufficient rear yard setback. Location of Property: 4~0 Maple Lan~ Lot No. 81, Map of Cleaves Point, Section 3, Greenport, Town of, Southold; County ~ Map Par- eel No. 1000-35-5-6. This parcel is substandard in size and is located in an R-40 Zone District. 4. 7:45 p.m. Appl. No. 4085-- ANDREW AND ANN , MONACO. Variance to the IT Zoning Ordinance, Articlej~ XXIII, Section 100-239.4 for[ permission to locate a new~ dwelling with a setback at less than the required 100 feet from the top of the L.I. Sound bluff. Location of Property:Comer of the northerly, side Aquaview Avenue and easterly side of Rocky Point Road, East Marion, Town of Sonthold; County Tax Map Parcel No. 1000-21-2-1. This ps.reel is sub- stanaard in size and is located in an R-40 Z~istrict. 5. 7:50 p.m. AlYpl. No. 4096~ PAT AND ROSEANNE IAVA- RONE. Variance to the Zoning Ordinance, Article XXIII, Sec- tion 100-239.4B for permission y~ to locate a deck addition with a/ setback at less than 75 feet from the bulkhead along Baldwin's (Mud) Creek. Location of Pro- perty: 950 Strohson Road, Cut- chngue, Town of Southold; County Tax Map Parcel No. 1000. 03-10-24. This parcel is substandard and is located in tl~ R-40 Zone District. 6. 7:55 p.m. Appl. No. 4095-- DENNIS DAVIS. Variance to the Zoning Ordinance, Article 111, Section 100-33 for permis- i sion to locate a detached, acces- sory building in the front yard area. Location of Property: 6010 Soundview Avenue, Hamlet and Town of Southold, NY; County 8.5.11.Tax Map Parcel No. 1000-59-/ ~ 7. 8:~ p.m. Appl. No. 4094-- ANITA MACRAE FEAGLES. Variance to the Zoning Ordi- nance, Article III, Section 100-33 for permission to con- struct detached, accessory garage building in the side yard area. Location of Property: South side of Oceanview Avenue and North Side of Beach Ave- nue, Fishers Island, Town of Southold; County Tax Map Par- cel No. 1000-9-11-2.1. 8.8:03 p.m. AppL No. 4097-- JOHN G. AND MARIE ELENA BRIM. Variances to the Zoning Ordinance, Aeticle III, Section 100-33 for permission to { locate tennis court with steps { and retalaing wall in the side., yard and partly in the front ' yard, and having an insu fficiel/t · s~tback from the front proper- ty line and from the freshwater wetlands, (which will include the removal of an existing garage presently in the side yard). L~ca- tion of Property: Northerly side of Private Road off East End Avenue, Fishers Island, Town of Southold; County ~tx Map Par- cci No. 1000-4-3-3; also referred · to as FIDCO Block 18, Lots IA and lB as combined, having a total land ama of 3.56 + acres in this R-120 Zone District. 9. 8:10 p.m. Appl. No. 4037-- METRO/808 REALTY CORP. Variance to the Zoning Ordi- nance, Article IX, Section/? 100-92 and Article XXIV, sec- tion 100-241A, as disapproved by the Building Inspector, for approval of a permanent rooffike structure (canopy) over gasoline pump island. The prin- cipal use, gasoline sales with ac- cessory office and necessary in- side storage incidental thereto, is COUNTYOI: SUFFOLK STATF. OF NEW YORK Patricia Wood,' being duly sworn, says that she is the Editor, of THE LONG ISLANO TRAVELER-WATCHMAN, a public newspaper printed at S.outhold, in Suffolk County; and Ihat tile notice of which tile annexed is a printed copy, Ii,ts been .Imblishet itl said [.ong Island 'l'raveJer-W;~tchnman once each week for. ...................... /.... weeks Ou¢cessively, commencing on the ......... (lay or March ~992 March 'l 992 Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIO, SJ.-.le o[ Ne',,/York No. 4~00846 Qualilicd in Suffolk CotJnty/ Commission Expires g/al/t~,z nonconforming in this Hamlet Business (HB) Zone District. Location of Property: Comer of the northerly side of Main Road (Route 25) and the westerly sida of Depot Lane, Cutchngue, Town of Southold; County Tax Map Parcel No. 1000-102-5-26. 10. 9:00 p.m. Appl. No. 4091 The Board of Appeals will at said time and place hear any and all persons or representatives d~- siring to be heard in the above matters. Written comments may also be submitted prior to the conclusinn of the subject hear- --EUGENE M. LACOLLA. ~,0 ing. Each hearing will not start Variance to the Zoning Ordi,~ before the times designated nance, Article ltl, Section 100-31 A & B, requesting per- mission to change use of a por- tion of the subject premises, i from residential to non-residen- ! rial. Locallon of Property: north side of Main Road (State Route 25), Greenport, Town of Southold; County Tax Map Pas- cci Nos. 1000-56-4-24 & 19. above. For more information,.: please call 765-1809. .~' Dated: March 17, 1992. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski IX, 3/19/92 Copies of Legal Notice mailed on 3/18/92 to the following: Mrs. Margaret F. Weidmann 3245 Wells Road P.O. Box 221 Peconic, NY 11958 Mrs. Evelyn P. Turchiano 450 Deep Hole Drive Mattituck, NY 11952 Mr. and Mrs. Bart Ruroede P.O. Box 433 Greenport, NY 11944 Mr. and Mrs. Andrew Monaco 9 Cliff Drive Kings Park, NY 11754 Mr. Peter Podlas, R.A. P.O. Box 285 Remsenburg, NY 11960 (Ref. Ivarrone) Mr. and Mrs. Dennis Davis P.O. Box 226 Peconic, NY 11958 Mr. Cuyler M. Feagles 79 Creetey Road Melmont, MA 02178 Stephen L. Ham III, Esq. Matthews & Ham 45 Hampton Road Southampton, NY 11968 (Ref. Brim) Mr. Frank Nealon (Ref. Metro/808 Realty) Permit Research & Acquisition Co., Inc. 1108 Route 110 Farmingdale, NY 11735 Allen M. Smith, Esq. P.O. Box 1240 737 Roanoke Avenue Riverhead, NY 11901 (Ref. Metro/808 Realty) Charles R. Cuddy, Esq. P.O. Box 1547 180 Old Country Road Riverhead, NY 11901 (Ref. LaColla) APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, .Ir. .lames Dinizlo, .Ir. Robert A. Villa Telephone (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 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your recent application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the time allotted in the attached Legal Notice. Additional time will, of course, be available. A drafted or final written copy of your presentation, if lengthy, is always appreciated. Please feel free to call our office prior to the hearing date if you have any questions or wish to update your file. Yours very truly, Enclosure GER3~RD P. GOEHRINGER CHAIILWLAN By Linda Kowalski APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SE~RA UNLISTED ACTION DECLARATION SCOT1~ L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 March 5, 1992 Appeal No. 4088 SE Project Name:Margaret F. Weidmann County Tax Map No. 1000- 86-2-7 Location of Project: 3245 Wells R~., Peconic, NY Relief Requested/Jurisdiction Before This Board in this Project: Second floor mother-daughter apartment withkitchen 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 sh0u]d the project be implemented as planned, and: { } this Board wishes to assume Lead Agency status and urges coordinated written comments 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 SEQRAAction, and has declared a Negative Declaration for %he 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, Southotd, 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 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 March 4, 1992 Zoning Appeal Applic. No. 4088 - Special Exception - MARGARET F. WEIDMANN Transmitted herewith is Zoning Appeals Applic. No. 4088 - Special Exception - MARGARET F. WEIDMANN together with a copy of the Certificate of Occupancy, the Zoning Board of Appeals' Questionnaire, the Notice to Adjacent Property Owners, the Short Environmental Assessment Form, a copy of the deed, a copy of the Survey Map, and a copy of the Site Plan. Judith T. Terry Town Clerk For UNLISTED ACTfON$ Only PART I--PROJECT INFORMATION (To be completed by ADDlicant or Project Sponsorl 2. PROJECTNA E 617,21 Appendix C Slate Eovironmental Quality Review SHORT ENVIRONMENTAL ASSESSME~,JT FOR~1 ?. AMOU.%~T Dj= !.AND AFFECTED; ' SE(IR [:] Inoustrlal :~"] Cc3mrn e rc,,ll [] Patk/Forest/O0en space 1!. OOES ANY ASPECT CF THE ACTION HAVE A CURRENTLY VALIO PERMIT OR APPROVAL? I CERTIFy THAT THE IHFORUATIO~'~'~RO¥10£O ABOV~ I TRUE TO THE BEST OF .%fY KNOWLEDGE Jf the action is irt the Coastal Area. and you are a stale a Coaslal ASsessment Form before nroc .-.*~;-,~ ...;,- .?ency, complete the ~ ~ ....... u~u proceeoing wilh th~ ~S~sm'~ - OVER I (Continued on re:;erse side) (a--~-~-~'order to answer the questions in thi~short that the preparer will (b) If any question has been answered Yes the project may be sig- (c) If all questions have been ' pro]ect ia no~ sign~£icant, answered No it i~ likely that the (d) £nvircnmen~tal A~essm.n~ Will Droject result in a la=ce Physical chan~e than 10 acres of land? 2. Will there be a major change to any unique o= 3. Will projec~ alter or have a large effect o~ 5. Will project significantl~ effect drainage flow 7. Will project resul~ in a ma]or adverse effect on ll. Will ~roject resui~ in major traffic problems or ~£ll Pro~ect requl==ly cau=e ob'ect ~nabie odo ~__.._Yes -~. 13. W~ll PrO,oct have a- ' or safety? oy ~mpact on public health / 14. [{ill PrO]ect affect the existing communit 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~j~may be attached.) B. Is the subject premises listed on the real estate market for - sal~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? ~ 0 2. Are the wetland areas shown on the map submitted with this application? ~ C~ 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? r~C_3 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? IV~ If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? ~o If yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state. H. Do you or any co-owner also own other land close to this parcel? ~o If yes, please explain where or submit copies of deeds. I. Please list p~esent us~ or operations conducted at this parcel -~e~, C~]-~-CL~ / ~ and proposed use -~; ~ { ~-c~ A~fhori~ed Signature and Date 3/87, 10/901k NO. ~ TOWN OF $OUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. CERTIFICATE OF OCCUPANCY THIS CERTIFIES that the building located at ...~,/'...~.....)~..e...]:~..s.....~..o,~.,c]: .............................. Street Map No.....:~.. ................ Block No ......~ .......... Lot No....:T~ .......~.~g~lD~'J,.q .... .}[.,.~.~ ................... conforms substantially to the Application for Building Permit heretofore filed in this office dated ................................. ,~.[~. ....... .1...~. ............. , 19~.8..... pursuant to which Building. Permit NO. ~.8...8..~....~.. date~ ...................................................... of the applicable provisions of the law. The occupancy for which this certificate is issued is ........ The certificate is issued .to ...(~;us.~aY./3a...~..~..W~ .................... 0]e'~3.e3:J~ ............................. (owner, lessee or tenant) of the aforesaid building. H.g.Approval Aug 13, 1968 by R. Villa FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. Certificate Of Occupancy THIS CERTIFIES that the building Ad.d.i t i on Location of Property .3.2.6,~..W.E.L.L..S..R.O.A.D. ..... P E.C O.N. I C House No. Street Hamlet County Tax Map No. 1000 Section . 0.8.6. ....... Block .. ~ .0.2, ......... Lot .... 7 ............. Subdivision ............................... Filed Map No ......... Lot No .............. conforms substantially to the Application for Building Permit heretofore filed in this office dated ..... .Mar. ch.. ....5.,......1986. pursuant to which Building Permit No. I/4653Z dated . ~a~;¢b.. 1.4 o..~.9.~ (i ........... was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for wlfich this certificate is issued is ......... · , .... Addition-to existinR one famil~ dwelling. The certificate is issued to GUSTAVE AND MARGARET WEIDMANN Of the aforesaid building. Suffolk County Department of Health Approval ~I./A UNDERWRITERS CERTIFICATE NO N 8 0 3 8 9 4 · PLUMBERS CERTIFICATION DATED: ,April 2, 1987 Rev. 1/81 I000 08600 0300 007000 nWm.,,I "-, ..riff Gl ,h. b~rd of d,,.~., ol ~-"~'--~'I m th, ,,mae ~me ~ h mm u ..tram them.. ~S'~R C. b'~l~Kd~flS mhd 1000 Ol~O0 0300 GO7000 SrA'IE OF NEW YORK SS.: Counly of Sulfolk I, El)WARD P. ROMAINE, ClerkoflheCounlyofSullolkar~dClerkoflheSupremeCoudollheSlale ol Now York in and for sa d Co rely (,~a d Coud belnq a Corn o! Record) DO HEREBY CEFH IFY thai I have compared tho annexed copy of Deed LibOr ,'O-7/G pg. ~=~/ nnd ,hnl il ,.,~ .q ,us, and I,uo copy ol such original ~-'~"-~'/ and of Ihe whole Ihmeof. ® 086 R--BO R -80 -M I R-80 R-80 P.~GONI¢ A-C Date Documents Accepted for Filing: Ap1. Fee Required: $ ~ ~ Appl. No. z/~ ~ Application Incomplete for the Following Reasons: Application Form Not Signed or Notarized Notice of Disapproval not attached or in error Notice to Adjacent Property Owners Form or Certified Mail Receipts not attached One original survey is necessary Extra copies of survey map necessary Copy of Deed of Current Owner Necessary Environmental Assessment Short Form Signed ZBA Questionnaire If Applicant is a corporation, need Disclosure Affidavit Date OK Other information is awaited: Site Plan Layout or other drawings Copy of Contract if Purchaser is applying Single & separate search Finalization of SEQRA by PB, TR, etc. Other Review by ZBA, i.e. / / / / / / / / / t I / I / / / / / / / , / I / / / / / / / / / · ~"~' SYO~ =-__.....:; ................... _ ....................................... . ............................ ,.,~OWALCHUK,dENJA~[N ~ $OA~ ~0.-~-~ K~UEGE~ LURA 8~.-~-ld CAST£LL~ JOSEPH ~ dF &0.-:-12ol ~ELLS GEORGE H ESTATE OF &O.-Z-I~o? HALLOCK SUSAN ~ELI ~ ~OX ZOO PECO ~0o-~-1~ ~Kd~ PAUL V - sro)J ~.-~-1½ KErR SUSAN dELI ?$67 R~OGE DRIVE VSAI .... ,~'';&O.-$-Z UORTLS ETHEL E CIO FAY GAMBEE 130 .... '~'~ $OUT A~C A-C '% R -80 R-80 R-80 {7. I T TL ~ PEGON/C A-C BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter o~ the Petition of : to the Board of Appeals of the Town of Southold : YOU AR[. H[R£BY GIV£N NOIIC[: NOTICE TO ADJACENT PROPERTY OWNER ]. That ~ ,~ the i~ers~gned to petition the Board of Appeals of the Town of Southold to request al(%/ar~anceb~pec~al. ~ ~ Excep~(SpecialPermit) (Other) [circle choice] 2. That the property which is the s~bject of the Petition is located adjacent to your property and is d~s- cribed as follows: ~. I. r ~ r ~ / ' 3. That the pr/~lxeLty which is ~he sub'.~cLof su~:h Petition is located in the following zoning district: signedare ~ticle ~ ~c~on I00~ ~ ~ I~ [ ] Section 280-A, New York Town Law for approval of access ove~ ~ght(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 may then and there examine :he same during regular office hours. (516) 7~5-1809. 7. [hat 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 f~ve 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: ~.~ J ~_ O[ ~ Petitione¥ ' 0wners'Names: ~'~c~. C~,C ~__~CLLLL] Post Office Address No. I [Copy of sketch or plan showing proposal to be attached for convenience purposes.] NAME PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS STATE OF NEW YORK ) ss.: COUNTY OF SUFFgLLK) ~ ~ '~.L.I ' ,, residing at day ~/~E_C~t~'~ ~ ~,y ~ ~ ~-~ ', being duly Sworn, deposes and says.that on the re- of ' ' 7_-7--~ , ] 9 d~ '~, deponent mailed a true copy of the Not~ce set forth on the 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- (certified) (registered) mail. Sworn to before me this ' Notary Public ; that said Notices were mailed~ach o~)ersons by ~ f~ ~'48~4771 r~ov. 30. 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 : NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it i~s the inten?i~on ~ e~dersigned to p[~t~l~ the Board of Appeals of the Town of Southol~ to request a (.V"~r~ance~(S~pecial Exc~(Special Permit) (Other) [circle choice] 2. That the property which is the subject of tbe~..etition i%located adiac~'nt to your property and is des- cribed as follows: ~-~I'F"~L.}~. ~-~__~.~rf',(ILt ~-~i ~-~r"t~-I'(~.~ ~_L T~t the p_ro._~erty whLch i~ the subject of such Petition is located in the following zoning district: 4 lha, h~ SL,~h Pelition, the undersigned will request the following relief: ~0' ~~ ~ 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signedare ~c~e ~ ~on ~'-~ [ ] Section 280~w York Town Law for approval of access over ~ght(s)-of-way. b. 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 may then and there examine the same during regular office hours. (5~6) T~5-~809. 7. Yhat 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 p.ublished 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: ~-I ,~ ~) !e~!~~ (~~~'- Owners ' Names: Post Office Address Tel. No. [Copy of sketch or plan showing proposal to be purposes.] attached for convenience NAMI~ PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS STATE OF NEW YORK ) K ss,: COUNTY OF SUFFOL ) _ ~m ~ ~7 I I~ ~ . beinI duly sworn, deposes ~nd says that on the day of ~? ~-9~/ ~,19 ~,de~onentma ed a true copy of ~he Notice ~t forth on the re' verse side h~reof~ directe~ ~ each of the above-named persons at the address~ set opposite thor respect ve name; that the addresses set opposite the names of said persons are the addresses of said persons as shown on t the United States Post Of- were mailed rice at r~ ~ . [ ] ~ ; rsons by (certified) (registered) mail' Sworn to before me this ~ day of /L~f"~/-~ ,19 ~a2L_ ' Notary Public (This side does not have to be completed on form transmitted to adjoining property Owners.) II / T,~ Fl C