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.
®
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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.
/ /
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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