Loading...
HomeMy WebLinkAbout4052 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James DinizJo, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OD' APPEALS TOWN OF SOUTHOLD SCOTY L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 ACTION OF THE BOARD OF APPEALS Appl. No. 4052. Upon Application of JOHN AND EVELYN KEATING. Variance to the Zoning Ordinance, Article XXVIII, Section 100-281A(7) for approval of lot which is nonconforming and has not been held in single and separate ownership since 1957, and upon which is proposed the removal of the existing dwelling. A new dwelling structure will be applied for in the future to locate a dwelling which shall not be closer than 45 feet as restricted by Appeal No. 3703 rendered June 2, 1988. Total lot area is substandard at 22,137 sq. ft. in this R-40 Zone District. Location of Property: 19995 Soundview Avenue, Southold, NY; County Tax Map Parcel No. 1000-51-4-6. WHEREAS, a public hearing was held on September 26, 1991, after due and lawful notice; and all those who desired to be heard at the hearing were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, the surrounding areas; and and WHEREAS, the Board made the following findings of fact and determination: 1. By this application, appellants are seeking a determination under Article XXVIII, Section 100-281, subsection (A)7 the Zoning Code for approval or recognition of the subject lot, having a total nonconforming lot area of 22,137 sq. ft. 2. The subject premises is identified on the Suffolk County Tax Maps as No. 1000-51-4-6 and has a frontage along southerly side of Soundview Avenue of 100.0 feet. 3. It is noted for the record that a search was furnished by William Moore, Attorney, on August 15, 1991 showing that this parcel and the westerly adjoining parcel (identified as Lot 5.1) were both acquired by Celia A. Poey on October 10, 1924 by deed at Liber 1114 cp 273, and that later on April 17, 1968, a split 9age 2 - Appl. No. 4052 Matter of JOHN AND'EVELYN KEATING Decision Rendered September 26, 1991 of the 59,000+- sq. ft. parcel was made by deed conveyance to Margaret H. Lovejoy (at Liber 6333 cp 230), and that the remaining tract (now identified as Lot 5.1) of 36,500+- sq. ft. was transferred from Celia Poey to Cortlandt Poey {also a family transfer}. 4. It is also noted for the record that: (a) each tract of land, after the split, conformed to the lot area requirements of the zoning code although no formal approvals were found for a division or set-off of land by the Planning Board, Town Board in the exceptions list, or the Board of Appeals with a grandfather clause. (b) a Certificate of Occupancy (#4972) was prepared on January 12, 1973 to the Estate of Margaret Lovejoy indicating that the dwelling and health department approvals pre-exist the zoning ordinance. (c) the dwelling {cottage} which has existed since prior to the enactment of zoning in 1957 is proposed to be removed entirely from the premises. A building permit for a new dwelling (on vacant land) will be necessary, and the purchaser of this lot proposes to locate an entirely new dwelling structure in a new location which will be more distant from the bluff, and for which alternative relief for a setback at 45 feet from the bluff was conditionally granted by the Board of Appeals on June 2, 1988 under Appl. No. 3703. 4. The copy of the survey submitted under this application shows an existing one-story frame house structure of 560 sq. ft. (enclosed floor area) as well as a 10 x 12 ft. one-story tool shed located approximately 68 feet from the front (road) property line and a minimum of 70 feet from the bluff line. 5. It is the position of this board that sufficient proof has been demonstrated showing conformance of the zoning regulations at the time of the family transfers, and which parcels have each, for the past 23 years, been in single-and- separate ownership. Accordingly, on motion by Grigonis, seconded by Mr. Villa, it was RESOLVED, that the lot size dimensions of this parcel identified on the Suffolk County Tax Maps as No. 1000-51-4-6 be and hereby are CONFIRMED to be recognized and approved for single-family dwelling use in this R-40 Zone District, having a lot area of 22,137 sq. ft. as applied in the Matter of the Application of JOHN AND EVELYN KEATING under Appl. No. 4052, SUBJECT TO THE FOLLOWING CONDITIONS: ~age 3 - Appl. No. 4052 Matter of JOHN AND'EVELYN KEATING Decision Rendered September 26, 1991 1. Compliance with the setback restrictions under Appl. No. 3703 rendered June 2, 1988 by the Board of Appeals and which restricts the setback of all building construction and structures to not closer than 45 feet from the top of the bluff, except that flagstone and brick patios and walkways will be permitted to a setback of not closer than 35 feet. All setbacks must be measured from the top of the bluff line existing at the time of proposed placement, and not closer than the bluff line shown on the survey prepared by Peconic Surveyors & Engineers, P.C. dated November 5, 1987). 2. Compliance with all other laws, rules or regulations application to this property (recently enacted Coastal Management Law, N.Y.S.D.E.C., local agencies, etc., all of which are or may be in effect at the time of application for the building permit and which may require more of a setback from the bluff areas.) 3. An amended survey showing the correct Z.B.A. setbacks must be furnished to the appropriate permit agencies at the time of applying for a building permit instead of the November 5, 1987 survey. (The 1987 survey shows an improper, unauthorized building envelope with setbacks at 30 feet from the bluff line.) Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Dinizio, Villa and Goehringer. This resolution was duly adopted. lk RECEIVED AND FILED BY Town Clerk, Town of Southold PPEALS 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 O~: 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 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, NY 11971, on THURSDAY SEPTEMBER 26 1991 commencing at the times specified below: (1) 7:30 p.m. Appl. No. 4054 - WILLIAM A. HANDS, JR. Varfance to the Zoning Ordinance, Article X, Section 100-102 (and Article XXIV, Section 100-242A) for permission to construct addition at the rear of existing principal building with a reduced easterly side yard setback and with an increase of the degree of setback nonconformance. Zone District: General Business-B. Location of Property: 24375 Main Road, Orient, NY; County Tax Map District 1000, Section 18, Block 2, Lot 32. (2) 7:35 p.m. Appl. No. 4049. MR. AND MRS. JOSEPH CARPENITO. Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct garage addition with insufficient front and side yard setbacks. The subject parcel is known as Lot 177 of Gardiners Bay Estates, Section Three, is Page 2 Legal Notj Hearings for 26, 1991 Southold Town Board of Appeals substandard in size, and is located in the R-40 Zone District. Location of Property: 170 Dogwood Lane, East Marion; County Tax Map No. 1000-38-5-5. (3) 7:38 p.m. Appl. No. 4053 - DOUGLAS MORRIS. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4B for permission to ~onstruct deck and step area within 75 feet of the bulkhead along Pipes Cove. The subject premises is referred to as (combined) Lot Numbers 24 & 25 and is substandard in size. Location of Property: 1665 Shore Drive, Greenport, NY; County Tax Map No. 1000-47-2-30. (4) 7:40 p.m. ~052 JOHN AND EVELYN KEAT~ Variance to the Zoning Ordinance, Article XXVIII, Section 100-281A(7) and Article XXIV, Section 100-244, for approval of lot which is nonconforming and has not been held in single and separate ownership since 1957, and upon which is proposed the removal of the existing dwelling. A new dwelling structure will be applied for in the future to locate a dwelling which shall not be closer than 45 feet as restricted by Appeal No. 3703 rendered June 2, 1988. Total lot area is substandard at 22,137 sq. ft. in this R-40 Zone District. Location of Property: 19995 Soundview Avenue, Southold, NY; County Tax Map Parcel No. 1000-51-4-6. Page 2 - Legal Not'~. Hearings for SeptemDe~ 26, 1991 Southold Town Board of Appeals substandard in size, and is located in the R-40 Zone District. Location of Property: 170 Dogwood Lane, East Marion; County Tax Map No. 1000-38-5-5. (3) 7:38 p.m. Appl. No. 4053 - DOUGLAS MORRIS. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4B for permission to ~onstruct deck and step area within 75 feet of the bulkhead along Pipes Cove. The subject premises is referred to as (combined) Lot Numbers 24 & 25 and is substandard in size. Location of Property: 1665 Shore Drive, Greenport, NY; County Tax Map No. 1000-47-2-30. (4) ~ 7:40 p.m. Appl. No. 4052 - JOHN AND EVELYN KEATING. Variance to the Zoning Ordinance, Article XXVIII, Section 100-281A(7) and Article XXIV, Section 100-244, for approval of lot which is nonconforming and has not been held in single and separate ownership since 1957, and upon which is proposed the removal of the existing dwelling. A new dwelling structure will be applied for in the future to locate a dwelling which shall not be closer than 45 feet as restricted by Appeal No. 3703 rendered June 2, 1988. Total lot area is substandard at 22,137 sq. ft. in this R-40 Zone District. Location of Property: 19995 Soundview Avenue, Southold, NY; County Tax Map Parcel No. 1000-51-4-6. 5) 7:45 p.m. Appl. No. 4051 - WILLIAM AND JOAN FISHLINGER. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4B for permission to construct decks and steps between rear of existing dwelling and existing bulkhead. Parcel is conforming as to lot size in this R-40 Zone District. Location of Property: 1935 Pine Tree Road, Cutchogue, NY; County Tax Map No. 1000-98-1-11.1. (6) 7:48 p.m. Re: Appl. No. 3539. MICHAEL HERBERT. Application withdrawing Z.B.A. determination rendered September 11, 1986 concerning a Special Exception to the Zoning Ordinance involving the establishment of a Bed and Breakfast. Subsequent to the Bed and Breakfast, the applicant received Special Exception approval rendered March 29, 1990 for two apartments, other than the owner-occupied manager's quarters, with conditions. This application is made pursuant to Condition No. 1 ~f the March 29, 1990 Z.B.A. determination. The subject premises is located in the Hamlet-Business (HB) Zone District and is substandard in size. Location of Property: 795 Pike Street, Mattituck, NY; County Tax Map No. 1000-140-2-23. (7) 7:50 p.m. Appl. No. 4056 - CONSTANTINOS MARKOTSIS. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4(B) for approval of screen-enclosed deck addition at less than the required 75 feet of the bulkhead. The subject premises is substandard in size and is located in the R-40 Zone District. Location of Property: Corner of the south side of Main Bayview Road and the east ~side of Williamsburg Drive (private road), Southold, NY; County Tax Map Parcel No. 1000-78-5-12. (8) 8:00 p.m. Appl. No. 4008 - ALEX HOMAYUNI and CHARLES KAPOTES. (Reconvened from March 22, 1991). Variances to the Zoning Ordinance, Article XXIV, Section 100-244B and Section 100-243A for permission to construct additions and accessory building: (1) exceeding the maximum lot coverage requirement for all structures/buildings, (2)~ increasing or enlarging, and reconstructing the existing nonconforming two-family building. (Nonconformities of the subject premises are: lot area, both front yards, and two-family use in this R-40 Zone District.) Location of Property: Corner of Goldin Avenue and the south side of Soundview Avenue, Southold, NY; County Tax Map No. 1000-135-2-22, 16, 17, 18, 19, (all as one tract of land for purposes of zoning). (9) 8:10 p.m. Appl. No. 4050 - RICHARD ELLEN, JR. Variance to the Zoning Ordinance, Article X, Section 100-101C, for approval of two concrete vehicle-display pads located in the northerly front yard area, and/or clarification of ZBA Appl. Nos. 3675 and 3674 as to whether or not Condition No. 2 of the November 18, 1987 decision intended to prohibit just parking of vehicles in front of outside display area. Location of Property: Corner of Cottage Place and the south side of the Main Road, Southold, NY; County Tax Map No. 1000-62-3-20 and 19 (combined as one lot for purposes of zoning and planning for the existing use). (10) 8:15 p.m. Appl. No. 4055 - ARTHUR TRUCKENBRODT. Variance to the Zoning Ordinance, Article III, Section 100-33, and Article XXIV, Section 100-242, for approval of an addition to existing dwelling with a reduced rear yard setback, and of an accessory shed located in the side yard area. Parcel is substandard in size and is located in the R-80 Zone District. Location of Property: along the westerly side of a private right-of-way known as Deidrick Lane, Orient, NY; County Tax Map No. 1000-18-03-27. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated. For more information, please call 765-1809. Dated: September 12, 1991. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski TO: Times-Review Delivered 9/ /91 L.I. Traveler-Watchman For Publication rORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date AUGUST 15, I- 91 To }ir. l~illiam D. }loore (Agent, Arty) JOl~l & EVgLYN I~ATING BOX 23 MATTITUCK, N.Y. i 1952 PLEASE TAKE NOTICE that your application dated AUGUST 15, , 1~ 9 I for permit to CONSTRUCT A HEW OE FAMILY DI,/ELLING 19995 SOUNDVIEW AVENIII~ SOu'rltOLD, N.Y. Location of ?ropcrty ~;~Js2 ~/o[ ........................................................ Street Ham/er County Tax lvlap No. I000 Section 51 6 6 .............. Block .............. Lot .............. Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds UN~ER ARTICLE xx¥III SECTION 100-281 (7) LOT IS NOT ON AN APPROVED SUBDIVISION MAP, AND HAS NOT BEEN HELD :IN SINGLE AND SEPARATE OWNERSHIP PRIOR TO APRIL 9, 1957. .....ACTION REQUIRED BY 'rm~ ZONING BO4RD OF APPEALS. TROMAS J. FISHER RV 1/80 FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 765-1802 Examined ................ , 19... ,\pprovcd ................. 19... Permit No ............ Dis3pproved 3/c ..................................... BOA~I;~ OF HEALTIt ......... t · · 3 S~S OF PLANS ............ SURVEY ..................... CIIECK ...................... SEPTIC FORH ............ .... NOTIFY CALL ..................... HAIL TO: AUG I 5~ (Building Inspector) APPLICATION FOR BUILDING PERMIT Date ................... 19... INSTRUCTIONS a. Tiffs application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b~ Plot plan shoxving location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- cation. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throu?.hout the work. e. No building shah be occupied or used in whole or ~n part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY IvlADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable La~vs, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, hou~o2u~ode, and regulations, and to a dmitauthorizedinspectorsonpremisesandinbuildingfornecessaryinspections.~..~..j~.~ . . (Signature ~l ~phcant, or'name, if a corporan~n) ?o.~..~ ,23. PA, ~r~/c . ~ 1~,~__ (Mailing address of applican{) whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. Name ofownerofpremises ~J'-O?'..M. ~-t/~t..r.~'. //~ .~. (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. (Name and title of corporate officer) Bu'lder s License No .......................... Plumber's License No ......................... Efcctrician's License No ....................... Other Trade's License No ...................... 1. Location of land on which proposed work will be done. /~ ~'fff'" ,~-..0.~ .~.0 .W(~...0'. /~..I/~.~ ............................................................. .X.. ............... tlouse Number Street .... ' Hamlet County Tax Map No. 1000 Section .................. Block ......... Lot ................... Subdiv s on .................................. Filed Map No. (Name) ............... Lot ............... 2. State existing nsc and occupancy of premises and intended [isc and occupancy of proposed construction: a. .,,s,ing -,,d b. Intended use and occupancy .-~! 3. Nature of Work (check whic plicable): New. Building '"'/" Add on ........ ,'alteration ......... Repair .............. Removal .............. Demolition ~Y"' Other Work ...... 4. Estimate'd Cost ... (Description) 5. If dwelling, number of dwelling un~... !.. . (to be paid on filing this application) If garage, number of cars ............... ' ......... Number of dwelling units on each floor ............... 6. If business. Commercial or mixed occupancy, speefly nature and' extent of'eaCh'type of use'..~/4. ';[5[55~5[;~5' 7. Dimensions of existing structures, fany: Front Heieht ' ' ' ......... Rear ,.,. ~ . · ............. NumberofStories ............... Depth .... t-,,mens~ons of Same structure w,th alteranons oi~aditions: Front ',~ '3""' .......... .~ ....'¢.;,' ';' · Depth .... 2 "t'..~.t · ................ tleight ..... ' ............... t~ear . :.¥..-. ~ ................. Number of Stories. .~- . '.' ...... 8. Dimensions of entire new construction: Front .... . .... ........... t ear ...... ~.cight ............... Numbcr of Stories .... . . 9. ~aeoflot:Front ...Z.~. ................ Rear ...~.O:~,.~. 4-" · 10. Date of Purchase .~./.~oZ?.~' '., ' ...... Depth ~$.IE - Ac ...... 11. Zoneorused~stnctinxvhc~ .... : ...... :''d,'[?me°fFonnerOwner .~$i~.tgt~ ~,~tt&,n~.t~C' ...... '-L' 13. D.oes proposed Construction v olate any zoning law, ordinance or regulation: ~S. .............. Will lot be rearaded '. ............... ~.. Wdl ess fill be removed from premises: y Name of Owner of prem,ses ~9[4.~.~ '/4':~. ;i~ ...... ~s.' ....... 14. ~'.q.~'.t,.~?. ,~ddres ~.~'. ~.pg~./s~'x.t. Phone No ~90-1 6? ... Name . . No .............. . ~.of Architect i 5. lrNaamc of Contractor ............. Address ............ Phone No. ..... Address .......... Phone No . - this property lo ated withinao0 eet a ti 'f wgF 'ind, ..... · If yes, Southold Town Trustees Permzt: may be requxred. ~ " PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and. indicate all set-back dimengions from property lines. Give Street and block number or description according to deed, and show street names and indicate whether in!erior or COmer lot. STATE OF NEW YORK, COUNTY OF...~. ?..¢~.~-¢.-- S.S · ' ~-L.-~ ~:,.5 ' .......0 .................... N · - ............. being dnly sworn, deposes ~d says that he is the applicant ( amc of md v dual s~gning contract) ~bove named. He is the . · (Contractor, agent, corporate officer, etc.) ~f said Owner or owners, ~ is duly authorized to perform or have performed the said work and to m~e and file this -Pphcat~on; that all statements'contained in tiffs a ' ' ~'ork will be -e,r~-~ :- .,. ~ .... pphcat?n are true to the best of his knowledge and belief; and that the - ,. .........,n ,,e m~ncr set ~ortb m the appbcation filed therewith. ~Wom to before me this .................. . ' t/ r~~ ...... ~ ............. Cou.ty . {'Signature of applic~t) IllCllVBD 'C~'._~7-2~,Z~"~I TOWN OF SOUTHOLD, NEW YORK APPE DECISION OF BUILDING iNSPECTOR Southeld Town Ciak '~FO THE ~OIq[J~'I~ARD OF*APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) ..................................................................................................................... Name of Appellant Street and Number ............... ~.~.~.~ .......................................................... ~:.~ ................... HEREBY APPEL TO MuniciDalitv State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPE~OR ON APPLICATION FOR PERMIT hlO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit .~.mt.:.r. z ~.~.~.: ........................................................... ~ ........................ Street and Number Municipa ty St · PERMIT TO USE PERMIT FOR OCCUPANCY ~0 ~-~i~C. ~,~ Cr~ 1. LOCATION OF THE PROPERTY '~O~/~Jj)U{.~.~/ /q'V~. ~"Ou'~.~.~. .~...,"...i/..O.. . .. ................... 'S~";eet' /}~gl~l'~'i~"~'""O';; District on Zoning Mop District 1000 Section ~'1 Block( Lot~ ..... . ~oltld F. ................................................................................. Cu..:.~ Owner Mop No. Lot No. Prior Owner J:~TI~TC OF- pl~r~t~- d~'~J-~' 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article ~rj-q'' Section 3. TYPE OF APPEAL Appeal is made herewith for (please check 8pproprist. e box) (~ A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal(Q(has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such ~ppeal was ( ) request for a special permit ( ~ request for a variance . and was made in AppeaJ No. 3 '"/O ~ Dated ..... .'3--~.~..~..-.?'?-.~-..\.-e/..~'.'~' ...................... ~ .......... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (~/~ A Variance to the Zoning Ordinance ( ) is requested for the reason that (Continue on other side) REASON FOR APPE/\L ! STRICT APPLICATION OF THE ORDINANCE ,~ould produce practical difficulties or u~es-' ~ sary HARDSHIP because 2. The hardship created is UNIQUE and is not sk, tared by all Droperties alike in the immediate vicinity of this property and in this use district because 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because STATE OF NEW YORK ) COUN~ o~ ~.~r~ I ss Sworn to this ........ ~ .................................... do¥ of .................................... ........................ WIUJAM D. MOORE ~ Publi¢, State of N~W Yo~ No, 4832728 Qualified in Suffolk County Commission Expires JanuaW 31, Variance application of John & Evelyn Keating Schedule A The appellants have owned the subject premises since 1973 at which time they purchased same as improved with a pre-existing single family residence. This purchase was made in reliance upon the existence.of a certificate of occupancy issued by the Southold Town Building Department and signed by Howard Terry [Certificate of Occupancy # Z4972] In addition, the Southold Savings Bank provided the appellants with substantial financing also in reliance upon the existing certificate of occupancy. lhe present dwelling is a suff~er residence without heat. In 1988, the Keatings requested a variance to allow the demolition of the existing residence and the construction of a new dwelling in its place. The new dwelling would actually be set back farther from the bluff on Long Island Sound than the present residence. This application was approved in application #3703~ in 1988. Financial difficulties coupled with health problems prevented the Keatings from acting on the variance granted in June, 1988. The Keatings are presently under contract to sell their property, and the purchasers seek assurance that the Town of Southold recognizes the legality of the subject property as a legal lot for construction pursuant to the 1988 variance. The January, 1989 amendments to the Southold Town Zoning Ordinance now require the submission of a "single and separate" search of properties which do not meet minimum lot size requirements before a building permit can be granted. The subject property is 22,137 square feet and does not satisfy the lot size requirements of the zoning district in which it is located and a single and separate search indicates that the subject property was held in common ownership by a predecessor in title to the Keatings in 1968 before they acquired the property. A history of this property is as follows: Celia A. Poey acquired the subject property and the adjacent property to the west on October 1, 1924 from Thomas J. Phillips and Ernesta M. Phillips by deed signed and acknowledged October 4, 1924 and recorded with the Suffolk County Clerk on October 10, 1924 in Liber 1114 at page 273. In 1968 Celia Poey deeded the above-described property in two deeds thereby splitting her property into two parcels conveying one to her son Cortlandt Poey by deed dated April 12, ]968 recorded with the Suffolk County Clerk on April 17, 1968 in Liber 6333 at page 226 and the second to her daughter Margaret H. Lovejoy For the sake of convenience the application for relief together with all exhibits and testimony submitted with respect to this appeal are incorporated by reference into this application. Variance application of John & Evelyn Keating Schedule A by deed dated April 12, 1968 and recorded with the Suffolk County Clerk on April 17, ]968 in Liber 6333 at page 230. The familial relationship was established by telephone conversations with Mr. Cortlandt Poey and his son Kent Poey who confirmed this information. The zoning ordinance in effect at the time required minimum lot sizes of 12,500 square feet. Each of the two lots are nearly two times the minimum lot size. In 1973 the Keatings purchased their property from the Estate of Margaret Lovejoy by deed signed and acknowledged February 16, 1973 and recorded with the Suffolk County Clerk on February 20, ]973 in Liber 7346 at page 112. The Keatings have held this property in single and separate ownership since their purchase in 1973, and the lot itself has been in single and separate ownership since ]968 when it was conveyed to Margaret Lovejoy. At the time of their purchase, the Keatings had no reason to believe that the lot had not been held and single and separate ownership before they purchased the property and financed same based upon the existence of a certificate of occupancy issued by the Town of Southold in 1973. In addition, a building permit and certificate of occupancy were later issued for the adjoining property to the west for a single family residence. Moreover, the issue of the separate status of the lot was not raised when the Keatings sought zoning board approval in 1988 for the demolition of the existing residence and construction of a new single family residence. The Keatings are now in a position where they must sell their home. The purchaser has expressed a willingness to buy the property only if the Southold Town Zoning Board of Appeals recognizes this property as a separate, substandard lot for construction of a new single family residence as previously approved by this board in Appeal 3703. The financial impacts on the Keatings if the requested approval cannot be obtained will be devastating. It is therefore respectfully requested that the property identified as Suffolk County Tax Map # 1000-51-4-6 be recognized as a separate lot for single family dwelling use, that the prior variance granted for the relief provided in Appeal 3703 be reaffirmed, and that any variances necessary to construct a single family residence within the building envelope shown on the survey of the subject property prepared by Peconic Surveyors & Engineers, P.C. dated November 5, 1987 be granted. ,~-~/--~ TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER FORMEJ~ OWNER STREET LAND DATE SEAS. (~/ VL. IMP. TOTAL / ~ ~ o 5"~'~,~ Ac re Farm VILLAGE DISTRICT SUB. ACI~EAGE TYPE OF BUILDING COMM., J IND. (/ CB. J MISC. REMARKS / LOT BUILDING C(~NDITION ~- Value Per ~cre-/ ' / Value Tillable 1 Tillable 2 Tillable 3 Wcodland Swampland Brushland House Plo( Tota I M. Bldg. / ~ ~ ~ ~- ~ ~-~ / 6 Foundation [ ,~r~l ~-~ ~'~ Bath ~tension ~ ~ ~ Z /~, Basement ~/~ Fl~rs ~tension .~ ~ /~.(~ } ~O'~ j ~t. Walls ~ ~[/~ Interior Finish Extension -.~ Fire Place /~&C He~ z Porch 7 ~/ ~' Attic /~9 ~.~ F~F~ j~ ~ / Porch Rooms 1st Floor Breezeway Patio Rooms 2nd Flor m Garage ~ Driveway 17.5E' I00.00' SOUND VIEW AREA = 2Z, l$7$qft. lie line. x~- OF C,~ SURVEY OF PROPERTY A T SOUTHOLD TOWN OF SOUTHOLD SUFFOLK COUNTY, N. Y. I000 - 51 - 04 - 06 Scale I" = 30' Nov. 5, 1987 NOTE, EXISTIkI~ ON~ STORY' ~ HOU$~ TO BE CONV~TED TO G,41~4~ AND TO BE FIELOCA TED AS CERTIFIED TO' JOHN KEA TING PrcFared in cccordance with the minimum :f~m:~crd,~ for title surveys as establi;h.~d by thc c.I.A.L.S, and aFproved and adopteJ f~;r such use by '1[he New York State Land Ti~;e Assoeiation. p.F MAIN SOUTHOLD, N.Y. 11971 LIC. NO. 49668 & ENGINEERS, P.C. 87 - 892 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 O~: 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 October 7, 1991 Moore & Moore, Esqs. P.O. Box 23 Mattituck, NY 11952 Re: Appl. No. 4052 - John and Evelyn Keating Dear Pat and Bill: Transmitted herewith for your information and file is a copy of the determination from the Suffolk County Department of Planning in response to our referral under Section A14-23 of the Suffolk County Administrative Code. Very truly yours, Enclosure Linda F. Kowalski DEPARTMENT OF PLANNING COUNTY OF SUFFOLK~ PATRICK G, HAL. PIN SUFFOLK COUNTY EXECUTIVE ARTHUR H. KUNZ DIRECTOR OF PLANNING October 2, 1991 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 h disapproval. Applicant(s) Municipal File Number(s) Keating, John and Evelyn 4052 Very truly yours, Arthur H. Kunz Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner VETERANS MEMORIAL HIGHWAY HAUPPAUGE. I-I.. NEW YORK I 1788 (516) 360-5192 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa . Telephone (516) 765-1809 BOAPLJ)' OF APPEALS TOWN OF SOUTttOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: X Variance from the Zoning Code, Articl~xxvIIZ Section 100-281A(7) XXIV 100-244 Variance from Determination of Southold Town Building Inspector, Special Exception, Article , Section Special Permit Appeal No.:4052 Applicant: John and Evelyn Keating Location of Affected Land: 19995 Soundview Avenue, Southold County Tax Map Item No.: 1000- 51-4-6 Within 500 feet of: Town or Village Boundary Line X Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Boundary of Existing or Proposed County, Boundary of Existing or Proposed County, Other Recreation Area Thruway State or Federally Owned Land State or Federal Park or or 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, __ Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. COMMENTS: Applicant is requesting~x~m~x~ approval of nonconforming lot. not in sin§le and separate ownership since 1957 and removal of existing dwelling. Copies of Town file and related documents enclosed for your review. Dated: October l, 1991 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 Oh 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 September 30, 1991 Patricia C. Moore, Esq. Moore & Moore P.O. Box 23 Clause Commons, Suite 3 Mattituck, NY 11952 Re: Appl. No. 4052 John and Evelyn Keating Dear Mrs. Moore: Attached please find a copy of the determination recently rendered by the Board of Appeals concerning the above application. Please be sure to return to the Building Department and any other agency for permits or other approvals which are appropriate for this project. A copy of this decision has simultaneously herewith been transmitted to the Building Inspectors for their files and update. Very truly yours, Linda Kowalski Enclosure Copy of Decision to: Southold Town Building Department Mr. and Mrs. John Keating MOORE & MOORE Attorneys at Law Claus~ Commons Suite 3 Main Road P.O. Box 23 Mattituck, New York 11952 Tel: (516) 298-5674 Fax: (516) 298-5664 William D. Moore Patricia C. Moore Margaret Rutkowsld Secretary August 14, 1991 Southold Town Zoning Board of Appeals Southold Town Hall Main Road Southold, New York 11971 RE: JOHN & EVELYN KEATING SCTM 1000-51-4-6 BY HAND Dear Chairman Goehringer and Members of the Board: Enclosed please find the following with respect to variance application pursuant to sections 100-244 and 100-281: 1. Notice of Disapproval [w/survey and application] 2. Application to zoning board [3 copies] 3. Notice to Adjoining Property Owners Form w/cert, mail receipts 4. Environmental Assessment Form 5. ZBA questionnaire 6. Certificates of Occupancy and current deed 7. Survey [4 copies] 8. Single and separate search 9. Filing check The Keatings are under contract to sell the property which is the subject of this application and are facing severe financial difficulties. The board's efforts to address this application at its earliest convenience would be most appreciated. If you have any questions, or we can provide any additional information please do not hesitate to contact US. PCM/mr Ends. APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Appeal No.i TO: Patricia C. SouthoId Town oarJ of Appeals MAIN ~0AD-~TATE ROAD 25 SOUTHE}LD, L.I., N.Y. 11971 TELEPHONE {516) 765-1809 ACTION OF THE BOARD OF APPEALS Moore, Esq. as Attorney for JOHN AND EVELYN KEATING Suite 3, Clause Commons P.O. Box 23 Mattituck, NY 11952 At a Meeting of the Zoning Board of Appeals held on June 2, 1988 the above appeal was considered, and the Action indicated below was taken on your Request for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2A: Application of JOHN AND EVELYN KEATING for permission to construct new dwelling and garage with an insufficient setback from top of bluff along the Long Island Sound. Location of Property: 19995 Soundview Avenue, Southold, NY; County Tax Map Parcel No. 1000-51-04-006. WHEREAS, a public hearing was held and concluded on April 14, 1988 in the Matter of the Application for JOHN AND EVELYN KEATING under Appl. No. 3703; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: (CONTINUED ON NEXT PAGE) Page 2 - Appl. No. 3703 Matter of JOHN AND EVELYN KEATING Decision Rendered~ 1. The property in question is identified on the Suffolk County Tax Maps as District.100~, Section 51, Block 4, Lot 6, containing a total area of .510 acreage with 100.0 ft. frontage along the north side of Soundview Avenue, Southold. The subject premises is located in the "A" Residential and Agricultural Zone District. 2. The subject premises is presently improved with a single- family cottage structure having a total livable floor area of approximately 560 sq. ft. (exclusive of porch area) and a small accessory tool shed. 3. By this application, appellant proposes to replace the existing buildings with a new single-family dwelling structure with a new setback at not less than 40 fe~t from top of the bluff along the Long Island Sound, exclusive of proposed 10 ft. brick terrace structure which would be set back 30 feet from the top of the bluff. No undetermi~' of the area at the top of the bluff is proposed. The brick terrace will be constructed on grade and will not disturb the contours between the new dwelling and the bluff. The actual cut for the proposed basement will be not closer than 40 feet from the top of the bluff and is proposed at a depth not to exceed four to five feet below existing grade. (See Engineer's report dated April 11, 1988 from Randall Woodard, P.E., Ward Associates, P.C.) 4. Article XI, Section 100-119.2A requires all buildings or structures proposed on lots adjacent to.the Long Island Sound to be set back not less than one-hundred (100) feet from the top of the bluff, or bank. 5. On-site inspections find as follows: (a) the lot slopes toward Soundview Avenue and not toward the bluff; (b) existing along the toe of the bluff is in good condition, and the bluff face vegetation con- sists predominately of annual weeds; a bulkhead (c) the cottage presently exists on posts without a basement and is shown to be setback 30 feet from its closest point to the top of the bluff. Page 3 - Appl. No. 3703 Matter of JOHIN AND EVELYN KEATING Decision Rendered June 2, 1988 6. It is the position of this Board that: (a) the relief requested ~ not substantial; (b) the project is not out of character with the general area; (c) the circumstances of the property are unique; (d) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience, or order of the town; (e) there is no other method feasible for appellant to pursue other than a variance; (f) in view of all the above factor~, the interests of justice will be observed by the grant of the variance. Accordingly, on motion by Messrs. Grigonis, seconded by Mr. Sawicki, it was RESOLVED, to GRANT a Variance from the Provisions of Article XI, Section 100-119.2A of the Zoning Code for the placement of dwelling structure within a building-envelope area as below- specified and conditioned: 1. Setback at not less than 45 feet from the actual basement or foundation to the closest point of the top of the bluff; 2. Setback at not less than 35 feet from the closest point at the top of the bluff to the brick patio at existing grade or ground level; 3. No excavating or similar activities which will disturb land area between new construction and the bluff. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was duly adopted. lk um~uu<o p. GOEHR{NGER, C~TRPL~N 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 O~ 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 August 23, 1991 Mr. and Mrs. John F. Keating 19999 $oundview Avenue Southold, NY 11971 Dear Mr. and Mrs. Keating: Recently I know you have experienced an unusual situation, and I ~,!r office became involved exactly one month ago when Frank Lattanzio, (spelling?), attorney for the buyer called and indicated that his clients were interested in obtaining a building permit for a new house over the next couple of years, following removal of the existing house. He was assured that the 1988 variance for the bluff setback was still in effect. He did ask for assurance for a new building permit, on a vacant lot, and no assurance, however, could be made unless he provided the building inspector with a single-and-separate search (back to 1957) as required by the new zoning code {100-281(7)}. Unfortunately, between July 24th and August 7th, a search did not become available with an application for the Building Inspector to make a determination, and the advertising deadline for the August 15, 1991 hearing calendar, which was already extended, passed. I believe that many efforts were made in your behalf to re-consider the need for a variance, as was explained to me on Tuesday, August 13, 1991, following a conference between Mr. and Mrs. Moore and the Town Attorneys. The application for relief under the provisions of the new zoning code (adopted 1/10/89) was received on August 15, 1991, with all documentation, and the hearing on your application is expected to be advertised in the Long Island Traveler-Watchman, Inc. and Times-Review newspapers during the beginning of September for a hearing to be held on September 26, 1991. We are enclosing your original check in the sum of $300.00 and ask that you please replace this check with another check for $150.00 made payable to the Southold Town Clerk. Page 2 - August 23, 1991 To: Mr. and Mrs. John F. Keating am truly sorry for difficulties created during this period. Very truly yours, Linda Kowalski Board Secretary Enclosures APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James DiniTJo, Jr. Robert A. Villa Telephone (516) 765-1809 BOA~ OF APPEALS TOWN O~ SOU~OLD 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 August 23, 1991 William D. Moore, Esq. Clause Commons, Suite 3 P.O. Box 23 Mattituck, NY 11952 Re: Application of John F. and Evelyn M. Keating Dear Bill: This letter will acknowledge receipt of the above variance documentation and Notice of Disapproval dated August 15, 1991 and confirm that the Board Members will continue individual board member inspections up until the hearing date which will be the upcoming hearings calendar. Confirmation of the time and date of the public hearing will be sent by way of a copy of the Legal Notice (which will be published by our office in the Long Island Traveler-Watchman, Inc. and Times-Review newspapers). The hearings calendar is expected to be set for Thursday evening, September 26, 1991. At this time, we are awaiting a replacement check in the amount of $150.00 made payable to the Southold Town Clerk and which should be received by our office not later than September 13, 1991. We are returning the $300.00 check received last week to Mr. and Mrs. Keating together with a copy of this letter for their update. Should you have any questions, please don't hesitate to call our office. Very truly yours, GERARD P. CHAIRMAN GOEHRINGER lk cc: Mr. and Mrs. John F. Keating EVELYN M. KEATING JOHN F. KEATING 19995 SOUNDVIEW AVENUE SOUTHOLD, NY 11971 1776 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 O~: 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 August 23, 1991 William D. Moore, Esq. Clause Commons, Suite P.O. Box 23 Mattituck, NY 11952 Re: Application of John F. and Evelyn M. Keating Dear Bill: This letter will acknowledge receipt of the above variance documentation and Notice of Disapproval dated August 15, 1991 and confirm that the Board Members will continue individual board member inspections up until the hearing date which will be the upcoming hearings calendar. Confirmation of the time and date of the public hearing will be sent by way of a copy of the Legal Notice (which will be published by our office in the Long Island Traveler-Watchman, Inc. and Times-Review newspapers). The hearings calendar is expected to be set for Thursday evening, September 26, 1991. At this time, we are awaiting a replacement check in the amount of $150.00 made payable to the Southold Town Clerk and which should be received by our office not later than September 13, 1991. We are returning the $300.00 check received last week to Mr. and Mrs. Keating together with a copy of this letter for their update. Should you have any questions, please don't hesitate to call our office. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN lk cc: Mr. and Mrs. John F. Keating EVELYN M. KEATING JOHN F. KEATING 19995 SOUNDVIEW AVENUE SOUTHOLD, NY 11971 ~Southold Savinp Bank 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 S.E.O..R.A. TYPE II ACTION DECLARATION September 12, 1991 Appeal No. 4052 Project/Applicants: County Tax Map No. Location of Project: John & Evelyn Keating 1000~51-4-6 19995 Soundview Ave., Southold, NY Relief Requested/Jurisdiction Before This Board in this Project: Construct a new ome family dwelling on a non-conforming lot This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law ~44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should be project be implemented as planned. It is determined that this Board's area of jurisdiction concerning setback, area or lot-line variances determines this application to fall under the established list of Type II Actions. Pursuant to Section 617.2jj, this Department is excluded as an involved agency. This determination shall not, however, affect any other agency's interest as an involved agency under SEQRA 617.2jj. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. mc Page 6 - Appl. No. 4052 John and Evelyn Keating Hearing Transcript of September 26, 1991 Appl. No. 4052 - JOHN AND EVELYN KEATING The Hearing opened at 7:45 p.m. The Chairman read the legal notice for the record and application before receiving testimony. CHAIRMAN: This survey is Peconic Surveyors, most recent date November 5, 1987 indicating the older cottage frame house on the property somewhat centrally located and skewed toward the water and the other information that is mentioned on the survey and I have a copy of Suffolk County Tax Map indicating this and surrounding properties in the area. Is there someone who would like to be - heard. Hello Ms. Moore, How are you? MS. MOORE: Very good, thank you. I've grown a bit since the last time I saw you. We are here on behalf of Mr. and Mrs. Keating. The Keatings purchased this property back in 1973. They obtained at the closing Certificate of Occupancy for the existing bungalow and relying on that CO were able to obtain financing throughout the term of their ownership. In June of 1988 this Board granted a variance for the construction of a new home with the intent to demolish the existing structure and to rebuild a new home there. All in accordance with the approved appeal that you just mentioned. In January of 1989 unfortunately for the Keatings amendments were made to the Southold Town zoning code which required proof of Single and Separate ownership for building permits although the Code does not specifically state that a single and separate search has to go back to 1957. That is the interpretation that has been given. An unecessary hardship is created by the interpretation of the zoning code onto to the Keating's~parcel. Because of the history of this parcel it is somewhat unique. Back in October of t924 Celia Poey ac- quired title from Phillips for this and the adjacent property, both were owned as one parcel. In 1968 Celia Poey had two children. She conveyed, she split the parcel and conveyed one to her dauther, Margaret Lovejoy, and the an adjacent vacant parcel to her son, Cortlandt Poey. Mr. Poey is still alive and he is a practicing lawyer in his eighties so we were able to speak to him and find out what had occurred. He told us that everything was above board, it was very open, that the split was done with the permission of the building inspector at the time, Mr. Terry. Apparently in 1968 the zoning code excluded from the minor subdivision regulations transfers orsubsplits that were within family members and since that was the case with this parcel, the aplit was permitted. The parcels exceeded the minimum lot sizes at the time and they obtained CO's for this existing residence and ultimately MR. Poey built a home on the adjacent parcel and obtained a CO. The Keatings are under contract to sell the property and the contract will be terminated if they are not able to obtain this variance and the Board i~ una61e to recognize the validity of this parcel. Clear ~ollars proof can be shown here because there is a contract for the sale of this parcel for $202,000. That's a substantial amount of money that would be lost if this property is not recognized. Southold Savings Bank has also loaned on this parcel back in 1989 with the strength of GO that was in existence at the time. Again, the hardship is unique because of the history of this parcel. The variance would observe the spirit of the ordinance and would not change the character of the area. The propped .house is a summer Page 7 - Appl. No. 4052 John and Evelyn Keating Hearing Transcript of September 26, 1991 MS. MOORE~ continued: which has this ~urrent CO. It would be replaced with a home that would meet all the New York State fire prevention and building code requirements so the home that would be replaced there would be of much better and larger stature than what is there p~esently. Recognition of this parcel as a validly created parcel would not only be legally appropriate in this case but in the interest of justice. Because of the time restraints we have on the contract and the fact that they have been very cooperative in allowing us to extend the period of time for closing, we would respectfully request that the Board consider this appeal and if at all possible grant it this evening so we can go back and hopefully close title. Thank you. CHAIRMAN: Thank you. Is there anyone else who would like to speak in favor of this application. Anyone like to speak against the application. Seeing no hands, I'll make a motion closing the hearing and reserving decision until later and call us tomorrow morning. MS. MOORE: We will call you tomorrow morning. CHAIRMAN: ALL IN FAVOR. AYE. Appl. No. 4051 - WILLIAM AND JOAN FISHLINGER The Hearing opened at 7:50 p.m. The Chairman read the legal notice for the record and application before receiving testimony. CHAIRMAN: The site plan is based upon a survey by Roderick VanTuyl, P.C. dated July 8, 1991 and it includes some extensive landscaping and decking area and steps, etc. to the rear of this particular dwelling unit and I have a copy of Suffolk County Tax Map indicating this and surrounding pro- oerties in the area. Is there someone who would like to be heard? Mr. Cichanowicz/ How are you sir? MR. CICHANOWICZ: I'm fine. CHAIRMAN: A beautiful piece of property I did see on Sunday morning rather early as the sun was coming up. A magnificient spot. What would you like to add to the hearing... MR. CICHANOWICZ: Well the biggest hardship in my cli'ent's interest is the fact that the house is now located very close to the dwelling and water and they may not have a sizable area that they can enjoy that beautiful view that they have there. A variance would allow them to extend their living area and enjoy the bauty of that little creek there. Page 20 - Appl. No. 4055 Arthur Truckenbrodt Hearing Transcript of September 26, 1991 CHAIRMAN: I really can't answer that. BOARD ASSISTANT L. KOWALSKI: ~There is a violation on the pro- perty. CHAIRMAN: There is a violation on the property. The applicant is seeking to rectify that violation by the nature of this application, I assume. MEMBER: It seems you got the cart before the horse. BOARD ASSISTANT L. KOWALSKI: When was it built? CHAIRMAN: Do we have any idea when it was built. MR. BOYD: It was begun this Spring some time. I don't know exactly when the violation notice was put on it. I agree it is the cart before the horse. I apologize for it but I wasn't there. I had nothing to do with that aspect. Certainly if he came to me I would have suggested it be done the other way around. Again, if clients always follow things I told them, I would be out of business pretty soon. CHAIRMAN: Thank you again. Hearing no further comment, I make a motion closing the hearing and reserving decision until later. ALL IN FAVOR: AYE. Theresa R (Prepared from tape recording) NOTiCe. OF HF. ARINGS ' ( 7: . Re: AI~L No.~539. NOTICE IS HEREBY GIVEN, MICHEL H~B~T. A~li~ STATE OF NEW Y ~t to ~m ~7 of ~e T~ ~thdra~ng ~B.A. dete~ina~on } ~ RUTH A. FOLIWODA Law and the Code of the Town of Soudlold, the following matters ~ be held for public beatings befo~ the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, 53095 Main Road, Southold, NY 11971, on at thc time~ specified below: · (I) 7:30 p.m. AppL No, 4054 - Wl1~.! ~AM A. HANDS, ~R. Variance to the Zoning Ordinanee, Article X, Section 100-102 (and Articin XXIV, Section 100-242A) for pemilssinn to ins I~nc~pal buildinllwidi a reduced increase of the degree of setbecir end Business*B~ Location d P~oper- ty: 24375 Main Road, Orient, NY; County Tn Map Dimim 1000, Sec- ~ 1~, Block 2, Lot 32, (2)p:~5 p.n~ AWL No. ~o49. AND/MRS. 3OSEPH CARPENITO. Varlqnce to the Zoning Ordinance, Article IH, Section 100-32 for pennis- sion to conswact garage addition with insufficient front and side yard set- backs. The subject parcel is known as/'~ Lot 177 of Gardiners Bay Estates, Section Three, is substandard in size, and is located in the R-40 Zone Dis- uict. Lootim~ d Property: 170 Deg- wood Lane, East Marion; County Tax Map No, 1000-38-5-5. (3) 7:38 p.m. AppL No. 4053 - DOUGLAS MORRIS. Variance to the Zoning Ordinance, Ar~cle XXHL Section 100-239-4B for pemilssion to ccmsuuct deck and step a~a within 75 feet of the bulkhead along Pipes Cove. The subject premises is referred to as (combined) LOt Nmn- berg 24 & 25 and is substandard in size. Location of Property: 1665 Shine D~ve, Greenpm% NY; Cmmty No, 1000-47-2-30, 40 p.m. Appl. No. 4052 - ND EVELYN ICEATINC~~ Variance to the Zoning Ordinance, Article XXV'Eff, Section and A~icle XX1V, Section 100-244, for alRoroval of lot which is noncon- forming and has not been held in sin- gle and separate ownership since 1957, and ulx~ which is proposed thc removal of the existing dwelling, A new dwelling structure will be ap- plied for in the future to locate a dwelling which shah not be cio·er than 45 feet as restricted by Appeal No. 3703 rendered June 2, 1988. Totallot a~a is substandard at 22,137 sq. ft. in this R-40 Zone District. Location of Property: 19995 Sound- view Avenue, Southold, NY; Ceunty...... "-"(5) 7:45 p.m. AppL No. 4051 - WILLIAM AND JOAN FISHy~ LINGER. Variance to the Zoning Ordinance, Article XXlH, Section 100-239.dE for permission to con- suuct dadcs and steps between ~car of existing dwelling and existing bulk- head. Parcel is conforming as to lot size in this R-40 Zone District. Lo- c~tion of Property: 1935 Pine Tree Road, Cutchogu~, NY; County Tax . MapNo. 1000-Eg-l-ll.L rendered September 11. 1986 con- ceming a Special Exception to the Zoning Ordinance involving the establishment of · Bed and Bn~dast. Subsequent to the Bed and Bs-.aldast, the applicant received Special Excep- ..:, tie· approval rendered March 29~.b 1990 for two ape·mints, other than the owner-occupied manager's quar- rets, with ceodifiem. This epldkatinn is made pursuant to Condltieo No, l of the March 29, 1990 Z.B.A.~'de- tennination. The subject p~miscs is located in the Hamlet-Business (liB) Zone District and is substandard ir*' size, Location of Property: 795 Pike Street, Matiltuck, NY; County Tax Map No. 1000-140-2-23. (7) 7:50 p.m. AppI. No. 4056 - CONSTANTINOS MARKOTSIS. Variance to the Zoning Ordinance, Article XXI~, Seotino 100-239.4(B.) for q*t,,~val of scrcen-ennio~.d deck addition at less than the ~qin~d 75 feet of the bulkhead, The subject premises is subatandard in size and located in the R-40 Zone District~/~' sooth side d Main Eayvinw Road and the east side of Williamsburg Drive (private reed), Soothold, NY; County Tax Map Parcel No~ 1000-78-5-12. (8) 8:00 p.m. AppL No. 4008 - ALEX HOMAYUN~ sad CHARLES 22, 1991). Variances to the Zeroing Ordinance, Article XXIV, Section 100-244B and Secsicm 100-243A for pc·ms·ion to co~stmct additions and accessory building: (1) ~ the maximum lot coverage requirement for all structures/buildings, (2) increasinll or enlarging, and reconstructing the existing nonconforming two-family building. (Nonconfotmitins of the subject premises are: lot area, both fron.L2~ yards, and two-family use in this R- ~ny: Comer of Goldin Avenue and the south side uf Soundvlew Ave~e, Sonthold, NY; County Tax Map No. 1~3-135-2-22. 16, 17, 1~, 19, (all as one tract of land for peSo·es of zon- ing). (9) 8:10 p,m. AppL 4050 - R~CHARD MULLEN, JR. VMiance to the Zohmg Opilnance, Article X, Section 100-10lC, for approval of two concrete vehicle-display pads located in the northerly front yard./' · rca, and/or clarification of ZBA AppL Nos. 3675 and 3674 as to whether or not Con.ion No. 2 of the November 18, 1987 decision intended to p~hibit just l~kins uf vehicles in froot of outside dingy a~a. Location of ptepem/: Comer of Co. ge place and the south side uf the Main Read, Seuthcld, NY; County Tax Map No. 1000-62-3-20 and 19 (combined as one lot for petpuses of zoning and plarming for thc existing use). COUM'rV fie en=~tu.i Notary ~ SI·lo of New' York ""'.~.", .... ",""~, ~ / No. 49S2430 pubils~ed at Mattitud~ in the Town o! Soul,oM, Co-nl~ o[ .~,~t/~.sslvely' the annexed b a printed copy, has been regular~ published in said Newspaper one· each week for/ weeks commencing on tho /q day of Principal Clerk wom to befor~/~e this n/of /~ 1g {I0) 8:15 p.m. Appi. No. 4055 ARTHUR TRUCKENBRODT. Vari: ance to the Zoning Ordinance, Article H~, Section 100-242. for approval of an add, tie· to existing dwelling with a reduced tear yard setback, sad of an accessory shed located in the side yard area. Parcel is substandard in siz~ and h loc~mt in Ibe R-80 Zone DJ·triaL Locatioo of P~0pelty: along the west·dy side ofa peivate right-of- way knovm as Dnidrick Lane, Oil·at, NY; County Tax Map No. 1000-18- 03-27. The B<~d of Appeels will at said lime and pine· hear any and all per- m or ~ei~enlatives desiring to be heard in the above matters. Written comments m·y also be submitte~-~! prior to the ~dusion of the subjea heating. Each hearing wU] not start be~(xe the lime~ designated. Fe~ m~e information, please call 765-1809. Dated: September 12. 1991. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD E GOEHR~GER CHAIRMAN By Linde Kow~ki NOTICE OF HEARINGS NOTICE IS HEREBY GIV- EN, 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, NY 11971, on THURSDAYt SEPTEMBER 26, 1991, commencing at the times specified below: 7:30 p.m. Appl. No. 4054- WILLIAM A. HANDS, JR., Variance to the Zoning Or- dinance, Article X, Section 100-102 (and Article XXIV, Sec- tion 100-242A) for permission to construct addition at the rear of existing principal building with a reduced easterly side yard set- back and with an increase of the degree of setback nonconfor- mance. Zone District: General Business-B. Location of Proper- ty: 24375 Main Road, Orient, NY; County Tax Map District 1000, Section 18, Block 2, Lot 32. . ~7:35 p.m. Appl. No. 4049- MR. AND MRS. JOSEPH CARPENITO. Variance to the Zoning Ordinance, Article III;' Section 100-32 for permission to' construct garage addition with insufficient front and side yard setbacks. The subject parcel is known as Lot 177 of Gardiners Bay Estates, Section Three, is substandard in size, and is located in the R-40 Zone District. Location of Property: 170 Dogwood Lane, Easf Marion; County Tax Map No. 1000-38-5-5. 7:38 p.m. Appl. No 4053- DOUGLAS MORRIS. Variance to the Zoning Ordinance, Arti- cle XXIII, Section 100-239.4B for permission to construct deck and step area within 75 feet of the bulkhead along Pipes Cove. The subject premises is referred to as (combined) Lot Numbers 24 & 25 and is substandard in size. Location of Property: 1665 Shore Drive, Greenport, NY; County Tax Map No. 1000-47-2-30. ~"7:40 p.m. Appl. No. 4052-. ]"~ ed and Breakfast, the appli- JOHN AND EVELYN~cant received Special Exception KEATING. Variance to the ZOn- . ~,pproval rendered March 29, lng Ordinance, Article XXVIII, [ ]1.990, for two apartments, other Section 100-281A(7) andArticle I /than the owner-occupied XXIV, Section 100-244, for ap- I / manager's quarters, with condi- proval of lot which is noncon- i/ tions. This application is made forming and has not ~een held ~ pursuant to Condition No. I of in single and separate ownership ] the March 29, 1990 Z.B.A. since 1957, and upon which is I determination. The subject proposedtberemovaloftheex-',,...~premises is located in the isting dwelling. A new dwellingff Hamlet-Business (HB) Zone structure will be applied for in '/i istrict and is substandard in the future to locate a dwelling/I size. Location of Property: 795 Which shall not be closer than 45 Pike Street, Mattituck, NY; feet as restricted by Appeal No. County Tax Map No. 3703 rendered June 2, 1988. 1000-140-2-23. Total lot area is substandard at 7:50 p.m. Appl. No. 4056- 22,137 sq. ft. in this R-40 Zone CONSTANTINOS MARKOT- District. Location of Property: 19995 Soundview Avenue, Southold, NY; County Tax Map Parcel No. 1000-51-4-6. 7:45 p.m. Appl. No. ~WILLIAM AND JOAN F1SHLINGER. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4B for permission to construct decks and steps between rear of ex- isting dwelling and existing bulkhead. Parcel is conforming as to lot size in this R-40 Zone District. Location of Property: 1935 Pine Tree Road, Cut- chogue, NY; County Tax Map No. 1000-98-1-11.1. 7:48 p.m. Re: Appl. No. 3539? MICHAEL HERBERT. Ap- plication withdrawing Z.B.A determination rendered September 11~, 1986 concerning a Special Exception to the Zon- ing Ordinance involving the establishment of a Bed and B~eakfast. Subsequent to the SIS. Variance to the Zoning Or- dinance, Article XXIII, Section 100-239.4(B) for approval of screen-enclosed deck addition at less than the required 75 feet of the bulkhead. The subject premises is substandard in size and is located in the R-40 Zone District. Location of Property: Corner of the south side of Main Bayview Road aad the east side of Williamsburg Drive (private road), Southold, NY; County ~x Map Parcel No. 1000-78-5-12. 8:00 p.m. Appl. No. 4008- ALEX HOMAYUNI and CHARLES KAPOTES. (Reconvened from March 22, 1991). Variances to the Zoning Ordinance, Article XXIV, Sec- tion 100-244B, and Section,st 100-243A, for permission to construct additions and ac- cessory building: (1) exceeding the maximum lot coverage re- qurirement for all struc- tures/buildings, (2) increasing or enlarging, and reconstructing the existing nonconforming two- family building. (Nonconfor. mities of the subject premises are: lot area, both front yards, and two-family use in this R-40 Zone District.) Location of Pro- petty: Coruer of Goldin Avenue and south side of Soundview 8:10 p.m. Appl. No. 4050- RICHARD MULLEN. JR. Variance to the Zoning Or- dinance, Article X, Section 100-101C, for approval of two concrete vehicle-display pads located in the northerly front yard area, and/or clarification of ZBA Appl. Nos. 3675 and 3674 as to whether or not Con- dition No. 2 of the November' 18, 1987 decision intended to prohibit just parking of vehicles in front of outside display area. Location of Property: Coruer of Cottage Place and the south side of the Main Road, Southold, NY; County Tax Map No. 1000-62-3-20 and 19 (combined ' as one lot for purposes of zon- ing and planning for the ~xisting use). 8:15 p.m. Appl. No.-4055- ARTHUR TRUCKENBROOT. Variance to the Zoning Or* dinance, Article III, Section 100-33, and Article XXIV, Sec- tion 100-242, for approval of an addition to existing dwelling' with a reduced rear yard set: back, and of an accessory shed~ located in the side yard area. Parcel is substandard in size and is located in the R-80 Zone District. Location of Property: along the westerly side of a private right-of-way known as Deidrick Lane, Orient, NY; County Tax Map No. 1000-18-03-27. The Board of Appeals will at said time and place hear any and a0 persons or representatives desiring to be heard in each of the above matters. Written com- ments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated. For more informa- tion, please call 765-1809. Dated: September 12, 1991. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By: Linda Kowalski Avenue, Southold, NY; County IX-9/19/91(42) Tax Map No. 10~0-135-2-22, 16, _ ~ 17 18 19 (all as one tract of!C'', , ~'~-~-'T'~-.~- COUNTY OF SUFF( S'I'A'I'IE OF NEW YORK Patricia Wood,' being duly sworn, says that she is the Editor, o1' THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County~ and lhat tile notice of wi~ich the annexed is a printed copy, has heen .published in said Long Island Traveler-Watchman once each week I'or . .................... / ..... weeks successively, commencing on the ...................... .gwm'n I~ be£11re mc this //~ ~ · ,' .................... d;w of ...... Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, State ol New York No. 4806846 Qualified in Sullolk Co~}ntyl CommissJon Expires g/alp~ Copies of legal notice for the September 26, 1991 hearings were mailed to the following 9/13/91: Mr. William A. Hands, Jr. 295 Willow Terrace Orient, NY 11957 Mr. Warren Sambach P.O. Box 1033 7675 Cox Lane Cutchogue, NY 11935 (picked up 9/13) Mr. Ernest Richter (Re: D. Richter Home Improvement Co. Box 112 515 Seventh Street G~enport, NY 11944 ~illiam D. Moore, Esq. (Re: · /P~O. Box 23 %/ Clause Commons, Suite 3 Mattituck, NY 11952 Morris) J. Keating) Mr. David Cichanowicz Creative Environmental Design P.O. Box 160 Peconic, NY 11958 Mr. Michael Herbert 795 Pike Street Mattituck, NY 11952 Mr. James E. Fitzgerald, Proper-T Services P.O. Box 617 Cutchogue, NY 11935 Jr. (Re: Markotsis) Mr. Lawrence M. Feeley Ward Associates 1500 Lakeland Avenue Bohemia, NY 11716 (Re: Homayuni & Kapotes) Karen J. Hagen, Esq. Wickham, Wickham & Bressler, P.O. Box 1424 Mattituck, NY 11952 (Re: P.C. Mullen Motors ) Edward J. Boyd V, Esq. 54655 Main Road P.O. Box 1468 Southold, NY 11971 (Re: Truckenbrodt) 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' F rom: Dated: Re: Southold Town Zoning Board of Appeals Judith T. Terry, Southold Town Clerk August 28, 1991 Zoning Appeal No. 4052 - John F. and Evelyn Keating Transmitted herewith is Zoning Appeal of John and Evelyn Keating for a variance. Also included is Notice to Adjacent Property Owners; Notice of Disapproval from the Southold Town Building Department, dated August 15, 1991; Short Environmental Assessment Form; ZBA Questionnaire; Certificate of Occupancy No. Z4872, Dated January 12, 1973; Certifi- cate of Occupancy No. Z6094, dated September 9, 1974; copy of deed; copy of Abstract of Title; copy of Application for Building Permit; and surveys. Judith T. Terry Southold Town Clerk 617.21%. Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORN! For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be coml31eted by ADDlicant or Proiect sponsor) 4. PRECISE LOCATION (St/~s and roa~ ~ntersectlons,~mark~ et~ Or ~ 7. AMOUNT OF LAND AFFECTED; Initially UJtlmafer¢ 8. WILL PROPOSED ACTION COMPLy WITH ~XlSTING ZONING OR OTHER E.XISTING I..AND USE RESTRICTIONS? ~-] Yes ,~0 I1 NO, describe briefly [~ ParlUForestlOoen s~ace [--~ Other' 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, Newer ULTIMATELY FROM ANy OTHER GOVERNMENTAL AGENCy (FEDERAl., STATE OR LOCAl. J? ~ Yes ~No If yes, fist agency(s) and permit/approvals DOES ANy ASPECT OF THE ACTION HAVE A CURRENTLy VAUD PERMIT OR APPROVAL? ~es ~ NO I.~ yes. Iisi agency name and 13ermit/aDt3toval ' 12. AS A RESULT OF PROPOSED ACTION WILL EXJSTI----~G PERMIT/APPROVAL REQUIRE MODIFICATION? [] Ye $ ssessmen~ c,,.,~.. ..... ' ~e agency, complete the [ ~ - - · -~,,,, uc,u,~ proceeding with this ass 1 The N.Y.S. Environmental Quality Revue of this forte, a_~ an . w Act re environmental revlew wzll be R~ ~ Submission before any action is taken, tA~s project and the likely impacts of the action. It is not expected that (b) If any question has been answered Yes the project may be sig- (c) If all questions have been answered No it ks likely that the project is not Significant. 8. Will project have a major effect on visual char- envircamental area by a local agency? ____Yes 10. Will project have a m~jor effect on existing or Il. Will project result in major traffic problems or ._._~es 12. Will project regularly cause objectionable odors, '--' 13. 14. Will project have any impact on public health or safe~y? {{ill project affect the existing community by directly causing a growth in permanent popula- tion of more than S percent OVer a one-year period or have a major nega=ive e~fect on the charact~ of the community Or neighborhood? the . ~Ves ~.~o QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet may be attached.) B. is the subject premises listed on the real estate market for sale or being shown to prospective buyers? {~'~Yes { } No. (If Yes, pO. eas~ attach cop!~ of "cond/~nns" of sale.) C. Are there an~ p~cposals ~o change or alter land contours? { } Yes {~/~ No De 1. Are there any areas which contain wetland grasses? ~ 2. Are the wetland areas shown on the map submitted with this application? ~A 3. Is the property bulkheaded between the wetlands area and the upland building area? ~N~ 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? WW 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 fenmas which e~ stand are not ~hown on the survey map that you ara submitting? ~d If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? ~0 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? ~d If yes, please explain where or submit copies of deeds. parcel g;~t~f ~,, w~ W6I,~-~/~ proposed use ~/~C&~ ~-~ A~iz~ Sz~ture and Date Please list present use or operations conducted at this and 3/87, 10/901k § 97-13 WETLANDS § 97-13 TOWN -- The Town of Southold. TRUSTEES -- The Board of Trustees of the Town of Southold. [Added 6-5-84 by L.L. No. 6-1984] WETLANDS [Amended 8-26-76 by L.L. No. 2-1976: 3-26- 85 by I, T. No. 6-1985]: -[.2~'~' ~' - '? TIDAL WETLANDS: (1) All lands generally covered or intermittently ered with, or which border on. tidal waters, or ]ands lying beneath tidal waters, which at mean low tide are covered by tidal waters to a maximum depth of five (5) feet, including but not limited to banks, bogs. salt marsh, swamps, meadows, fiats or other low lying lands subject to tidal action; (2) All banks, bogs. meadows, fiats and tidal marsh subject to such tides and upon which grows or may grow some or any of the following:, salt hay, black grass, saltworts, sea lavender, tall cordgrass, high bush. cattails, ground~el, m~rshma!!ow and low (3) All land immediately adjacent to a tidal wetland as defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. FRESHWATER WETLANDS: (1) "Freshwater wetlands" as defined in Article 24. Ti- tle 1, § 24-0107, Subdivisions 1(a) to l(d) inclusive, of the Environmental Conservation Law of the State of New York: and (2) All land immediately adjacent to a "freshwater wet- land," as defined in Subsection B(1) and lying with- in seventy-five (75) feet landward of the most land- ward edge of a "freshwater wetland." 9705 s. 25.s~ l~O~M NO. 4 TOWN OF SOUTHOLD BUIIIHNG DEPARTMENT Town Clerk's Office Southold, N. Y. AU~ I 5 ~991 Certificate Of Occupancy No..Z60~, ..... Date ........... -~pt. · .9 ........ , 19.7.~. THIS CERTIFIES that the building located at ,~oun~..Vle~ .f, ve ........... Street Map N~ ~. ~. - Block No..~..~.~ ~Lot No.~.. Go~thotd.. :i .Y.. ~ ..... conforms subst~ti~y ~o ~e Application for Building Permit heretofore filed ~ ~ office dated ........... Au~ · · ~ ~. -., 19. ~5 p~su~t to which B~g Permit No.. 7~2.~E. dated ....... ~ept~. '9 ....... , 1995., was ~sued, ~d conforms to ~1 of ~e req~ ments of ~e app~cable provisions of the law. The occup~cy for w~ch thh cer~cate ~ ~sued is . p~iva.te · acoe sso~y, build ~ng. · · (approved .by. ~d. Ap.~e aia I ........ The certificate is issued to . Jo~. F.,..Eea. ti~g ...... ol.~r ......................... (owner, lessee or ten,t) of the afores~d b~ding. Suffo~ Cowry Dep~tment of He~ Approval . ~.,%.'[~ ............................... UNDERWRITERS CERTIFICATE No ......... {;~14, ............................... HOUSE NUMBER .. ~ ~.99~ ...... Street ...Sold. Yiaw. ~kEe ...................... "' f'~ ";" ..... ...... : / B~ld~g Inspector FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Clerk's Office Southold, N. Y. Certificate Of Occupancy No..Z..~.9.7.8 ..... Date ... THIS CERTIFIES that the building located at N/S..Soured..¥ie~( .Ave ..... Street Map No...XX.' ...... Block No.. ~ ...... Lot No... ~ .... $9.u.'qh0~'9l .... N.'X ~ ....... reauireme_nts f.o.r, one f.amily d. wel.l..in.g. ..... conforms substantially to the ' v ~---: __ . . ~;_,. C, er,tif!ees__t._e.~q2, oc.cupancy ~a~ei&t. .b~.f~.z]~. Ap2il. 23.., 19..5? pursuant to wmcn~Z~O. Z~9F.2 · · dated ........ Jg~.u.a~'y ....1.8., 19.7.~., was issued, and conforms to ail of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is issued is . .pri~.ate..o. ne. family..dw~l;kir~g ...................................... The certificate is issued to . E. stg~;.e..~..M.a~gg.r.e..t..L.qv. &qy ....... . .0~..~;' ............ (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval ~Me.-.9~c.i.~.g .................... UNDERWRITERS CERTIFICATE No. Bk325~+ Aug 23 1929 HOUSE NUMBER... ~ 9995 .... Street .... So~n4 .Vie.~ .AYe ............................. ........................................................ '1 Single & Separate Search Abstract of Title The following abstract of title was prepared by William D. Moore, an attorney duly licensed to practice law in the State of New York for the following pieces of real property as of August 7, 1991: Suffolk County Tax Map #1000-51-4-6 owned by John and Evelyn Keating Record Owner Liber/page Date Recorded John P. Keating and 7346/112 Feb. 20, 1973 Evelyn Keating Margaret H. Lovejoy 6333/230 April 17, 1968 Celia A. Poey 1114/273 Oct. 10, 1924 Suffolk County Tax Map #1000-51-4-5.1 owned by Cortlandt Poey Record Owner Liber/page Date Recorded Cortlandt Poey 6333/226 April 17, 1968 Celia A. Poey 1114/273 Oct. 10, 1924 The real property owned by John P. Keating and Evelyn Keating has not been owned in single and separate ownership since April g, 1957 as said property was held from 1924 to April 17, 1968 by Celia A. Poey during which time she owned adjoining property to the west of the subject property. / / / / ToWN \ R-80 / / DATE: SUBJECT: Jerry, Charlie, Serge, Jim, Bob July 30, 1991 ZBA Hearings for Thursday, August 15, "Add-Ons" (New applications) 1991 The attached are copies of four new appeal projects which have been added to the Legal Notice for our upcoming hearings calendar: 1. John and Evelyn Keating - Needs ZBA recognization of nonconforming lot size under Section 100-281A(7) and 100-244B ~'~_~-~ since the lot has not been held "single and separate" as required by the Code between the early 1970s and 1957. (There was a variance in 1988 for bluff setbacks for a new house, however, there was no request made to the Town in 1988 for approval of the lot, and no attempt was made to get a building permit approved prior to the new Master Plan revisions. N/s Soundview Avenue, Southold (Complete paperwork to be filed by Thurs.). 2. Burt Lewis - Needs SBA approval for extension (addition) for a nonconforming use in this A/C zone and for expansion of nonconforming front yard setbacks. (Real Estate Office; previously zoned for real estate use under old codes.) S/s Main Road, Laurel (east of RR bridge). 3. Ethel H. Bets - Needs SBA approval to re-separate two lots ~.~. (separate deeds) which merged in 1971 (re-zoning to one-acre~// from 1/4 acre). Calves Neck, Southold. 4. Cliffside Associates Interpretation Only on definition of Motel (verses cooking unit/dwelling occupancy). N/s CR 48, Greenport. Please call us if more information is needed. Thanks. ISLAND soDND (~) COUN)'Y OF SUFFOLK ProDerly Tax Service Agency TO: Jerry, Charlie, Serge, Jim, Bob DATE: July 30, 1991 SUBJECT: ZBA Hearings for Thursday, August 15, "Add-Ons" (New applications) 1991 The attached are copies of four new appeal projects which have been added to the Legal Notice for our upcoming hearings calendar: 1. John and Evelyn Keating - Needs ZBA recognization of onconformlng lot size under Section 100-281A(7) and 100-244B ~since the lot has not been held "single and separate" as required by the Code between the early 1970s and 1957. (There was a variance in 1988 for bluff setbacks for a new house, however, there was no request made to the Town in 1988 for or a nonconforming use in this A/C zone and for expansion of nonconforming front yard setbacks. (Real Estate Office; previously zoned for real estate use under old codes.) S/s Main Road, Laurel (east of RR bridge). 3. Ethel H. Betz - Needs ZBA approval to re-separate two lots (separate deeds) which merged in 1971 (re-zoning to one-acre from 1/4 acre). Calves Neck, Southold. 4. Cliffside Associates - Interpretation Only on definition of Motel (verses cooking unit/dwelling occupancy). N/s CR 48, Greenport. Please call us if more information is needed. Thanks. September 20, Southold Town Board of Appeals -5- 1973 TH~ CHAIrmAN: Setback roqulrements would have to be followed. MR. HOWARD TERRY, Building Inspector~ You have an established setback already established ~here by adjoining buildings within 300 feet of ~s property. The average setback still applies to this. Some of the adjoinir~ buildings are practically on the property line. THE CHAI~%~N~ Is there anyone presen~ wishes to mpeak against this application? (There was nO response.) THE CHAIRM~: ~,~What is the property? ~, MR. OLSEN, I believe it is THE CHAIP~kN: Except acres correct? \ MR. 0LSENs Yes. ~ Zone o surro~di~ the street, is tha% THE CHAI~AN~ Are any questions? \ (There was no resp¢ ~.). ~ THE CPLAI~AN: I ~ ~ l~ke ~to p?stpone this ~egision and take a little mor~ time to stddy mt. This.dec,omen will be made prior t~ the next meet~ng, some tmme xn tho next week or two./ .~ On motion by/Mr. Gillisp;e, seconded by Mr. Doyen, itwas / ~ ~ RESOLVED that the Southol~ To~ B~d of Appeals postpone dec~ion on A~peal No. 1820, Wzlliam Grefe, New Suffolk Aven~e, New Suffolk, New York. Vote of the Board: Ayes:- Messrs~ Gilllsple, Bergen, Grigonis, Doyen. PUBLIC P~ARING, Appeal No. 1830 - 7:55 P.M. (E.S.T.), upon application of ~Iohn_F.--KeaZi~., So~udview Avenue, Southold, New York, for a v~i~co in accord~uce with the Zoning Ordinance, Article Iii, Section 302 for permission Southold Town Board of Appeals -.6- September 20, 1973 to erect an accessory building in ~ ~ ..on, y~rd area. Location of property, N/S Soundviow ' · ~vonue, Southoid, bounded north by Long Island So~ud; east by P. ilfiori~ south by Soundview Avenue~ west by C. Poey. Fee paid $15.00. The Chairman opened tho hearing by .~dino~'~ ~ the application for a variance, legal notice of hearing, ~f~idavi~s attesting to m~s publication in ~ t.e official newspapers, ~d notice to the applicant. THE CHAIRMAN~ The application is accompanied by a sketch indicating that the shed is approximately 18 feet from the property line of Soundview Avonu~ on the sou~h and 7½ feet from the easterly side line~ t~ is a Sears Roebuck metal shed; 10' x 10'. THE C~IRMAN~ Is there ~uyone present who wishes to speak for this application? (There was no response.) MR. ROBERT BERGEN~ is the best locaZion. I would like to ~es~ that THE CHAIR~,~N, Is there anyone present who wishes to speak against ~his application? (There was no response.) Afterlinvestigation and inspection the Board finds Zhat applic~u~ requests ~er~issio~ ~o erect ~u ~cces~ory building in front yard area of property on the north side of So~dview Avenue, Southold. The findihgs of the Board are that the neighbor to the east has a garage which is practically on the line, 18 feet closer to So~dview Avenue than the proposed shed. There are several other garages in the front yard area in the vicinity of applicant's property. The Board agrees with the reasoning of the applicant. Thm Board finds that strict application of the Ordin~co would produce practical difficulties or u~uecessary hardship; the hardship created is unique ~nd would not be shared by ~ll properties ialike in the immedlato vicinity of this property and in the same use district; ~nd the v~riance will no~ ch~ge the character of the neighborhood, and will observe the spiri~ of the Ordinance. Southold Town Board of Appealz -7- Sopt~mber 20, 1973 On motion by Mr. Bergen, seconded by ~. Grigonis, it was RESOLVED, John F. Eoating, So'~udview Avenue, Southoid, New York, be GRANTED po~ission to erect ~n accessory building in front yard area of property located on the north side of Soundview Avenue, Souzhold, as applied for. Vote of the Board: Ayes:- ~essrs: Gillispio,~er=~n,~" ~- Grigonis, Doyen. PUBLIC HEARING, Appeal No. 1832 - $~05 P.M. (E.S.T.) upon application of Andre Papp~s, 15 Pleas~view Drive, Bayville, New York, and Nines Savvides, 25-10 Hoyt Avenue, Astoria, New York, for a vari~co in accords.nco witk Zonir~ Ordinance, Article iii, Section 301 and Bull{ Schedule for permission to divide property into~o lo'~s. Location of rty: Lot #87~ Capt. Xidd EsZ~es, Inlet Drive ~d Dr~ve, Match,tuck: New Y~r~ F~e. pa~ ~penod ~n~ h~_n~ by ~d~ng ~' . ~-~-~.. The C "~ ~ ~ '- ~"~ ~ne au'o~-~'' ~'~ for a v~i~ce, nouzce o. h~mn~ ~fidavit~ to x~s publication the applicant. T~ CHAIRM~N~ that the property is that it has depth at the north end There is a curve in the The lot at the southerly sq. ft. Basically, the It is not evenly is a tax map this the other lots in / survey o~Young~& Young mndic~tos wost~side si inlet Drive ~d 250~£eet on inlet Drive. Tho th~n that at the south end. tho north end of the property. of the property would bo 12,285 is 250 foot by 100 feet. accomp~uying the application and its relationship to THE CHAIR~AN~ Is there speak for this procont who wishes to WILLIAM division so each lot would proposed llne marks a break in the portion is relatively ~l~t. From the there is a terrace. At the end of goes do~wn quite rapidly. Therefore, can'~ take advantage of tho northerly be seen. Even if you put in shrubs it ESQ.: Ue do ,t ask for ~n oqua! cub- ;ho $~me area. The The southerly sues, northward, ~orrace the gro~d southerly p~rt because it c~u%'t be no adv~%tago because you would have to go ~own to the ohd of b.~..x ~hero rather th~u in That was the reason for the '~' cen~er. If we had m~ked ~-~.~ in tho con'~or we would h~vo 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 /~6,~) TOWN 0~: 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 Appl. No. 4027. Upon Application of HALSEY A. STAPLES. Request for variance to the Zoning Ordinance, Article XXVIII, Section 100-281A(7) for permission to construct new principal dwelling structure upon premises which is nonconforming and has not been held in single and separate ownership as exists since April 9, 1957. Lot is nonconforming, having a total lot area of 22,668 sq. ft. and 25 ft. frontage (width) along Middle Road in the Hamlet of Greenport, Town of Southold, NY; County Tax Map Designation 1000-41-2-12.1. WHEREAS, a public hearing was held on June 7, 1991, and all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, the surrounding areas; and and WHEREAS, the Board made the following Findings of Fact: 1. By this application, applicant seeks a variance for approval or recognition of the subject lot, having a total nonconforming lot area of 22,668 sq. ft. and nonconforming road frontage of 25 feet along Middle Road, Greenport, Town of Southold in this R-40 Zone District. 2. The premises in question is identified on the Suffolk County Tax Maps as No. 1000-41-2-12.1, located near "Fleetfield," a 1942 (preexisting) subdivision filed by Clarence C. Fleet and Henry L. Fleet. 3. The record shows the following conveyances of land within this block (located along the easterly side of Middleton Extension and the southerly side of Washington Avenue) immediately surrounding and including this parcel as follows: Page 2 - Appl. No. 4027 Matter of HALSEY A. STAPLES Decision Rendered July 12, 1991 (a) Parcel 1000-41-2-6: This corner lot consists of an area of 7765+- sq. ft. and was conveyed on April 22, 1966 to McGinners, having been previously conveyed on July 12, 1963 to McGinners' predecessor in title~~ The owners of record since May 31, 1967 are John M. Krukowski and wife, and the premises has a dwelling which preexists zoning. It is noted that the lot has been in single and separate ownership since at least 1963. (b) Parcel 1000-41-2-7: This parcel consists of an area of approximately 13,000 sq. ft. and was conveyed to Waterhouse on November 9, 1965. It is noted that this lot conformed to the 1965 lot area requirements of the zoning code (minimum 12,500 sq. ft.) and has been single and separate since this time. A new dwelling was constructed in late 1968 (building permit #4021Z) for this particular lot. (c) Parcel 1000-41-2-8: This parcel consists of an area of approximately 13,000 sq. ft. and was conveyed on June 20, 1966 to Staples, who later conveyed the premises on March 22, 1'984 to Burden. It is noted that this lot conformed to the 1965 lot area requirements of the zoning code (minimum 12,500 sq. ft.) and has been single and separate since 1966. A new dwelling was constructed in 1966 (building permit #3194Z). (d) Parcel 1000-41-2-10: This parcel consists of an area ~f 12,550+- sq. ft. and was conveyed to Reeves from Joseph Diaz on January 27, 1964. This lot conformed to the 1964 lot 'area requirements of the zoning code (minimum 12,500 sq. ft.) and has been single and separate since 1964. A new dwelling was constructed in 1964 (building permit #2479Z). (e) Parcel 1000-41-2-11: This parcel consists of an area of approximately 12,900 sq. ft. and was conveyed to Staples on December 22, 1969, and who acquired the parcel on August 29, 1963 from Joseph Diaz. It is noted that this lot conformed to the 1969 lot area requirements of the zoning code (minimum 12,500 sq. ft.) and has been single and separate since 1969. A new dwelling was constructed in 1985 (building permit ~13856Z). (f) Parcel 1000-41-2-13.2: This parcel consists of an area of 73,660+- sq. ft. and was conveyed to Field from Joseph Diaz on March 10, 1972. This lot conformed to the 1972 lot area requirements of the code (min. 40,000 sq. ft.). A new dwelling was constructed in 1972. (g) The parcel herein was created in 1969 when set-off by Joseph Diaz when the northerly parcel (1000-41-2-11) was conveyed. The applicant on February 19, 1981 acquired the parcel, which conformed to the 1969 lot size requirements of the zoing code (minimum 12,500 sq. ft.). The parcel is believed to have been single and separate since 1972 (when 1000-41-2-13.2 was set-off in 1972 from Diaz). Page 3 - Appl. No. 4027 Matter of HALSEY A. STAPLES Decision Rendered July 12, 1991 4. The survey submitted under this application shows a minimum width at the building envelop~area at 123.61. The building envelope area shows the locat~l~of a proposed dwelling to be built in accordance with the minimum setback regulations for this zone district. Accordingly, on motion by Mr. Dinizio, seconded by Mr. Villa, it was RESOLVED, that the parcel which is currently identified on the Suffolk County Tax Maps as No. 1000-41-2-12.1, now of HALSEY A. STAPLES, be and hereby is RECOGNIZED for single-family dwelling use, subject to all setback, bulk schedule and other zoning pequirements applicable under the zoning code, and subjec~County Health Department and any other agency approvals which may be required at the time of submission of an application for a building permit (with the exception of lot size), that the application be APPROVED, as applied. Vote of the Board: and Goehringer. lk Ayes: Messrs. Doyen, Dinizio, Villa This resolution was duly adopted. GERARD P. GOEHRINGER, CHAIRMAN APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OFAPPEALS TOWN OFSOUTHOLD ACTION OF THE BOARD OF APPEAI.g Appl. No. 4013. 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 Upon Application of CARMINE AND VENUSTA CARNEVALE. Application requesting review and determination confirming or recognizing this vacant lot for the purpose of obtaining a building permit for a single-family dwelling use in accordance with the zoning code bulk set-back regulations under Article XXIV, Section 100-244 of the Zoning Ordinance. The subject lot is known and referred to as Lot 50 on the "Map of West Creek Estates," filed on August 19, 1963 as Map No. 3848, and as exempted from lot area and width requirements (Section 100-12). Location of Property: North Side of Glenn Road, Southold, NY; County Tax Map Designation 1000-78-2-7. .WHEREAS, a public hearing was held on March 22, 1991; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following Findings of Fact: 1. By this application, applicants seek: (a) a determination under the Zoning Code that the subject premises complies with the applicable lot area and width regulations of the zoning code as applies in this R-40 Zone District for single-family residential use, and/or: (b) a Variance under Article IIIA, Section 100-30A.3, Article XXIV, Section 100-244, for approval or recognition of the lot area and width which are presently nonconforming in this R-40 Zone District. 2. The premises in question is identified on the Suffolk County Tax Maps as No. 1000-78-2-7 and is located along the northerly side of Glenn Road, Hamlet and Town of Southold. 3. It is noted for the record that : Page 2 - Appl. No. 4013 Matter of CARMINE AND VENUSTA CARNEVALE Decision Rendered March 22, 1991 (a) the subject land is presently in the ownership of V.A.F., Inc., which acquired the parcel by foreclosure sale December 6, 1989, deed at Liber:10988 page 269; (b) the subject land is also known and referred to as Lot No. 50 on the Subdivision Map of West Creek Estates filed with the Suffolk County Clerk's Office on July 6, 1937; (c) the Subdivision of West Creek Estates is, under the current zoning ordinance, is listed under Section 100-12 "Exceptions." All of the lots on this map are to be excepted from the lot areas and lot width as shown and designated on said map. Due to this exception clause in the code, a single- and-separate search was deemed not to be required in making this determination. 4. The survey submitted under this application shows 135 ft. (lot width) frontage along Glenn Road, lot depth along the westerly side property line of 150.83 feet, and total lot area of approximately 19,500 sq. ft. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, that the parCel which is currently identified on the Suffolk County Tax Maps as No. 1000-78-2-7, now of V.A.F. Inc. and under contract of sale to the applicants, CARMINE CARNEVALE and VENUSTA CARNEVALE, be and hereby is CONFIRMED and RECOGNIZED for single-family dwelling use, subject to all setback, bulk schedule and other zoning requirements applicable under the zoning code, and subject County Health Department and any other agency approvals which may be required at the time of submission of an application for a building permit (with the exception of lot size). Vote of the Board: Ayes: Messrs. Grigonis, Doyen, DiBizio, Villa and Goehringer. This resolution was duly adopted. lk 100-243 SOUTHOLD CODE § 100-244 § 100-243. Nonconforming buildings with nonconforming uses. A. A nonconforming building containing a nonconforming use shall not be enlarged, reconstructed or structurally altered or moved unless the use of such building is changed to a conforming use. B. A nonconforming building containing a nonconforming use which has been damaged by fire or other causes to the extent of more than fifty percent (50%) of its fair value shall not be repaired or rebuilt unless the use of such building is changed to a conforming use. § 100-244. Nonconforming lots. This subsection is intended to provide minimum standards for granting of a building permit for lots made nonconforming or continued in a state of nonconformance by the adoption of this Article and that were singly and separately owned as of the effective date of this Article. A nonconforming lot separately owned and not adjoining any lot or land in the same ownership at the effective date of this Article and not adjoining any lot or ]and in the same ownership at any time subsequent to such date may be used, or a building or structure may be erected on such lot for use, in accordance with all the other applicable provisions of this chapter, provided that proof of such separate ownership is submitted in the form of an abstract of title showing the changes of title to said lot, which abstract shall be in the usual form, shall be certified by an attorney or a company regularly doing such work in Suffolk County or by a corporation duly licensed to examine and ensure title to real property in Suffolk County and shall contain a certification that no contiguous property was owned by an owner of the property involved since the date of any previously appli}able Zoning Law. Such lot shall be granted relief for front side and rear yard dimensions as follows: 10144 2- ss- s9 § 100-280 ZONING § 100-281 F. At the request of the Planning Board, the Building Inspector shall review site plan applications for compliance with this chapter and requirements established in the presubmission conference. § 100-281. Building permits. No building in any district shall be erected, reconstructed, restored, moved or structurally altered without a building permit duly issued upon application to the Building Inspector. No building permit shall be issued unless the proposed construction or use is in full conformity with all the provisions of this chapter and the provisions of all other applicable laws, ordinances, rules and regulations. Any building permit issued in violation of the provisions of this chapter shall be null and void and of no effect without the necessity for any proceedings, revocations or nullification thereof; and any work undertaken or use established pursuant to the issuance of a permit in violation of the provisions of this chapter shall be invalid. A. [Amended 6-5-1990 by L.L. No. 11-1990] APplications. Every application for a building permit shall contain the following information and be ~ccompanied by the required fee and a plot plan drawn to scale and signed by the person responsible for each drawing. If no such plot plan is available, a survey is required, prepared by a licensed engineer or land surveyor. In addition, plans and specifications shall be filed with the building permit application to enable the Building Inspector to examine such plans to ascertain if the proposed building will comply with applicable building construction, housing and fire codes. [Amended 6-5-1990 by L.L. No. 11- 1990] (1) The actual shape, dimensions, radii, angles and area of the lot on which the building is proposed to be erected, or of the lot on which it is situated if an existing building, except in the case of the alterations of a building which do not affect the exterior thereof. (2) The section, block and lot numbers, if any, as they appear on the la.st ~ax records. 10167 7-25-90 § 100-281 (3) SOUTHOLD CODE § 100-281 The exact size and locations on the lot of the proposed building or buildings or structural alteration of an existing building and of other existing buildings on the same lot, (4) The dimensions of all yards in relation to the subject building, and the distances between such building and any other existing buildings on the same lot and adjacent lots. (5) The existing and intended use o£ all buildinBs, existing or proposed, the use of land and the nu~nber of dwelling units the building is designed to accommodate; and the necessary computations to estab}isb conformity to the bulk and density regulations. (6) Such topegraphie or other information wdth regard to the building, the lot or neighboring lots as may be necessary to determine that the proposed construction will conform to the provisions of this chapter. (7) An application for a building permit for construction on a vacant lot which is not on an approved subdivision map shall be accompanied by a certified abstract of title issued by a title company which shall show single and separate ownership of the entire lot prior to April 9, 1957. [Added 3-14-89 by L.L. No. 3-1989] No building permit shall be issued for the construction or alteration of any building upon a lot without access to a street or highway as provided by § 280-a of the Town Law. No building permit shall be issued for any building where the site plan of such building is subject to approval by the Planning Board, except in conformity with the plans approved by the said Board. No building permit shall be issued for a building in any district where such use is permitted by special exception unless and until such approval has been duly granted by the board having jurisdiction thereof. 10168 ?-ss'~ § 100-281 ZONING § 100-281 E. No building permit shall be issued for any building until approval has been received from the Suffolk County Depart- ment of Health Services for the proposed water supply and sewage disposal system. F. The building permit application and all supporting documen- tation shall be made in triplicate. Upon the issuance of a building permit, the Building Inspector shall return one (1) copy of all fi]ed documents to the applicant. G. The Building Inspector shall, within ten (10) business days after the filing of a complete and properly prepared (Cont'd on page10169) 10168.1 7- 25- 90 § 11)1}-281. ZONING § 100-281 application, either issue or deny a building' permit. If a building permit is denied, the Building Inspector shall state in writing to the applicant the reasons for such denial. ti. Every building permit shall expire if the work authorized has not commenced within twelve (12) months after the date of issuance or has not been completed within eighteen (18) months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspecter may authorize, in writing, the extension of the permit for an additional six (6) months. Thereafter, a new permit shall be required. As soon as the foundation of a building or of any addition to an existing building is completed and before first-story framing or wail construction is begun, there shall be filed w/th the Building Inspector an accurate survey, signed by the person responsible for said survey, showing the exact Iooation of such foundation with respect to the street and property lines of the lot. No further construction shall be performed until such survey is app~'oved by the Building Inspector. J. Permit fees. (1) The following fees shall be paid upon the filing of an application ;vith the Building Inspector for a building permit, which fees shall be paid into the genera] fund if the application is approved or returned to the applicant if the application is denied: la) Single-family dwellings. [11 New dwellings and additions to existing d;vell- ings: fifty dollars ($50.), plus fifteen cents ($0.15) for each square foot of floor area in excess of eight hundred fifty (850) square feet. [21 Accessory buildings and additions and altera- tions to existing accessory buildings: t;venty- five dollars ($25.), plus fifteen cents ($0.15) for each square foot of floor area in excess of five hundred (500) square feet. § 100-281 (2) SOUTHOLD CODE § 100-281 (b) Farm buildings and additions and alterations to existing farm buildings: fifty dollars ($50.) for each building. (c) Hotel, motel, multiple dwellings and business, industrial and all other buildings. [1] New buildings and additions and alterations to existing buildings: one hundred dollars ($100.), plus twenty cents ($0.20) for each square foot of floor area in excess of one thousand (1,000) square feet. [2] Accessory buildings and additions and altera- tions to existing accessory buildings: twenty- five dollars ($25.), plus fifteen cents ($0.15) for each square foot of floor area in excess of five hundred (500) square feet. (d) Foundations constructed under existing buildings: seventy-five dollars ($75.). (e) Swimming pools, togethe~ with required enclosure fencing:, one hundred fifty dollars ($150.). (f) All other structures (i.e., fences, etc.) and additions and alterations to such structures: twenty-five dollars ($25.). (g) Signs. The fee for all signs, except signs permitted by § 100-31C(9Xa), shall be one dollar ($1.) for each square foot of sign area, with a minimum fee of twenty-five dollars ($25.). (h) Demolition and/or removal and/or relocation of any building: ten dollars ($10.) minimum and five cents ($0.05) for each square foot in excess of three hundred (300) square fret of floor area. For the purposes of this Subsection J, cellars, decks, attached garages and any habitable area shall be included in thc calculation of floor area. § 100-281 ZONING § 100-281 Notwithstanding the foregoing, no fee shall be required of or paid by taxing entities or districts, including but not limited to fire districts, school districts, park districts and the like. [Added 9-26-89 by L.L. No. 20-1989] (Cont'd on page 10171) 10170.1 B_OARDOF APPEALS, TOWN OFSOUTHOLD In the Matter or the Petition of : to the Board of Appeals of the Town nf Southnld : TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: I. Th~ntentior~ of the undersigned to petition the Board of Appeals of the Town of Southold to request a ~Special Exception) (Special Permit) (Other) [circLe choice] 2. That the property which is the subiect of the Pe?ion is located adiacent to your property and is des- cribed as follows: ~ eI e~ e/~' ~:~l/k/~)Vl~v/ A~: · ~ff~O 3. That the property which is the subiect of such Petition is located in the following zoning district: 4 That b~ such Petition, the undersigned will request the following relief: $. That the provisions of the Southold Town Zonin~ Code applicable to the relief sought by the under- s gned are E ] Section 280-A, Ne~ Yor~ To~n La~ for approva~ of access over righg(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 i~ere examine the same during regular office hours. (516) 765-Z809. 7. That before the relief ~ought may be granted, a public hearing must be held on thc matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. . Pet:ttoner Owners'Names: ~t Office Address Tel. No. (C/~) [Copy of sketch or plan showing proposal to be attached for convenience purposes.] PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS r , being duly sworn, deposes and says that on the /;~'- day of ~1#~/,/~7" , 19 c~/ , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respecti~'e names; that the addresses set opposite the names of said persons are thc addresse~ of said persons as shown on the current assessment roll of the Town of 5outhold; that said Notices were mailed at the United States Post Of- ficcat ,~'~ f./' 7~'~l~&.~ ; that said Notices were; mail__ed to each of said persons by Sworn to before m~c this Notary Public (This side does not have to property ounerS.) be completed on form transmitted to adjoining