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HomeMy WebLinkAbout3952 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. 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 ACTION OF THE BOARD OF APPEALS Appl. No. 3952 Matter of BRUCE & TERESA BLAKSO. Special Exception to the Zoning Ordinance, Article III, Section 100-31 B(14), for permission to have an accessory apartment. Proposed apartment in an existing one-family dwelling which will contain less than 1,600 sq. ft. of livable floor area. Property Location: 23 Middleton Road, Greenport, County Tax Map No. 1000, Section 40, Block 5, Lot 9. WHEREAS, a public hearing was held and concluded on June 27, 1990 in the matter of the application of BRUCE & TERESA BLASKO, under Appl. No. 3952; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; 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: 1. The premises in question is located along the west side of Middleton Road, Hamlet of Greenport, is identified on the Suffolk County tax Maps as District 1000, Section 40, Block 5, Lot 9, and contains a total lot area of approximately 10,500 square feet. 2. This is an application for Special Exception from the Zoning Code, Article III, Section 100-31 B (14), for approval of an accessory apartment in an existing one family dwelling~ It is noted that the proposed livable floor area of the accessory apartment will contain 758 sq. ft. of livable floor area. Page 2 - Appl. No. 3952 Matter of BRUCE & TERESA BLASKO Decision Rendered August 8, 1990 3. Article III, Section 100-31 B (14) provides as follows: One (1) accessory apartment in an existing one-family dwelling, subject to the following requirements: (a) The accessory apartment shall be located in the principal building, (b) the owner of the existing dwelling shall occupy one (1) of the dwelling units as the owner's principal residence. The other dwelling unit shall be leased for year-round occupancy, evidenced by a written lease a term of one (1) or more years. (c) The existing one-family dwelling shall contain not less than one thousand six hundred (1,600) square feet of livable floor area. (d) The accessory apartment shall contain not less than four hundred fifty (450) square feet of livable floor area. (el The accessory apartment shall not exceed forty percent (40%) of the livable floor area of the existing dwelling unit, etc. 4. Based upon the plans furnished, as prepared by Fairweather/Brown Architects/Designers dated November 11, 1989, the livable area of the first floor would contain 758+- sq. ft., and the second floor livable area (proposed for the accessory apartment usel would contain 637+- sq. ft. The entire existing dwelling structure presently contains a total livable floor area of 1,395+- sq. ft. 5. In considering this application, the Board finds and determines that it is without authority to grant a Special Exception use where the project does not meet all of the requirements of the Zoning Code. 6. It is the understanding and the interpretation of this Board that the livable floor area within which the principal dwelling use and the Accessory Apartment use are requested do not meet the requirements of Subsections 3 and 5 of Article IIIA, Section 100-30A.2 "Use Regulations" for this R-40 Zone District, Subsection B, which refer to those uses permitted by Special Exception, the same as Section 100-31B, subject to specific requirements incorporated therein. In which case by denying this application it will not set a precedent for further applications that may follow before this Board. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Doyen, it was RESOLVED, to DENY, WITH PREJUDICE, the request a Special Exception in the matter of the application of BRUCE & TERESA BLASKO as applied under Appl. No. 3952. ~age 3 - Appl. No. 3952 Matter of BRUCE & TERESA BLASKO Decision rendered August 8, 1990 Vote of the Board: Ayes: Messrs. Goehringer, Doyen and Dinizio. (Absent were: members Sawicki and Grigonis due to illness.) This resolution was duly adopted. RECEIVED AND FILED BY THE SOUTHOLD TOWN CT.F.~K DATE ~hol% HOUR /D .'o~' Town Clerk, Town of Soutl~otd APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ScoTr 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 GIVE, pursuant to the Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, Main Road, Southold, NY, 11971, on WEDNESDAY, June 27, 1990, at the following times: 7:30 p.m. Appl. No. 3949 - FRANCES FRISBIE. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.4 (100-33), as disapproved, for permission to construct an accessory building in the front yard area. Accessory buildings may only be located in the required rear yard. Property Location: 8050 Nassau Point Road, Cutchogue, County Tax Map No. 1000, Section 118, Block 5, Lot 2.1. Page 2 - Notice of Hearings $outhold Town Board of Appeals Regular Meeting of June 27, 1990 7:35 p.m. Appl. No. 3948 - MGH ENTERPRISES, INC. - ORIENT BY THE SEA. Special Exception to the Zoning Ordinance, Article III, Section 100-31 C.'9 (e), as disapproved, for permission to construct an off-premises sign. Property Location: 66040 North Road, Greenport, County Tax Map No. 1000, Section 40, Block 04, Lot 01. 7:40 p.m. Appl. No. 3947 - JAMES MARK. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.3, Article XXIV, Section 100-244 B, as disapproved, for permission to construct an addition to a one family dwelling. Proposed construct will have insufficient front yard setback. Property Location: 450 Parsons Boulevard, East Marion, County Tax Map No. 1000, Section 37, Block 1, Lot 18. Variance to the 7:45 p.m. Appl. No. 3946 - MATTHEW KAR. Zoning Ordinance, Article III A, Section 100-30 A.3, Article XXIV, Section 100-244 B, as disapproved, for permission to construct an addition to a one family dwelling. Proposed construction will have insufficient rear yard setback. Property Location: 155 (Pvt. Road 96) Birch Drive S, Laurel, County Tax Map No. 1000, Section 128, Block 4, Lot 4. Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of June 27, 1990 7:50 p.m. Appl. No. 3944 - ANTHONY MERCORELLA. Variance to the Zoning Ordinance, Article III, Section 100-33, as disapproved, for permission to construct a two car accessory garage in the front yard area. Proposed construction only permitted in the required rear yard. Property Location: 2260 Peconic Bay Boulevard, Laurel, County Tax Map No. 1000, Section 145, Block 04, Lot 04. 7:55 p.m. Appl. No. 3951 - JAMES, PETER & CHRIS MESKOURIS. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.3, Article XXIII, Section 100-239d A.(2). Proposed construction will not meet side yard setbacks and will exceed the permitted lot coverage and will be within 100 ft. of the ordinary high water mark. Property Location: 1350 Sound Beach County Tax Map No. 1000, Section 106, Block l, Drive, Mattituck, Lot 36. 8:00 p.m. Appl. No. 3952 - BRUCE & TERESA BLASKO. Special Exception to the Zoning Ordinance, Article III, Section 100-31 B (14), for permission~to have an accessory apartment. Proposed accessory apartment in an existing one family dwelling will contain less than 1600 sq. ft. of livable floor area. Property Location: 23 Middleton Road, Greenport, County Tax Map No. 1000, Section 40, Block 5, Lot 9. Page 4 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of June 27, 1990 8:05 p.m. Appl. No. 3950 - JACQUE KASABA. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.4 (100-33), Article III A, Section 100-30A.3, Article XXIV, Section 100-244, as disapproved, for permission to construct a deck addition to dwelling and accessory pool. Proposed accessory structure not permitted in the front yard area and proposed construction will exceed permitted lot coverage. Property Location: 80 Lakeside Drive & 675 Cedar Point Drive, Southold, County Tax Map No. 1000, Section 90, Block 3, Lot 14. 8:10 p.m. Appl. No. 3953 - PETER & CHERYL INZERILLO. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.3, Bulk, Area and Parking Regulations, as disapproved, for permission to construct a deck addition to existing one family dwelling. Proposed construction will have insufficient side yard setbacks and excessive lot coverage. Property Loc~tion: 505 7th Street, Greenport, County Tax Map No. 1000, Section 48, Block 01, Lot 17. 8:15 p.m. Appl. No. 3831 - RALPH & PATRICIA PUGLIESE. Special Exception to the Zoning Ordinance, Article III, Section 100-30B (14), for a Winery for the Production, Storage and the Page 5 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of June 27, 1990 Appl. No. 3953 - RALPH AND PATRICIA PUGLIESE, continued Retail Sale of Wine. Property Location: 34876 Main Road, Cutchogue, County Tax'Map No. 1000, Section 097, Block 01, Lot 12.1. 8:20 p.m. Appl. No. 3701 - CHARLES ZAHRA. Variance to the Zoning Ordinance, Article XXV, Section 100-243, Article XXV, Section 244, for permission to continue to use the second floor apartment as a non-conforming use. Property Location: 140 Pike Street, Mattituek, County Tax Map No. 1000, Section 141, Block 4, Lot 5. 8:25 p.m. Appl. No. 3915 - JORDAN'S PARTNERS. Variance to the Zoning Ordinance, Article VII, Section 100-71, as disapproved, for permission to construct office and retail stores. Proposed construction is not a permitted use in this District. Property Location: 1000 Main Street and 160 Main Road, Greenport, County Tax Map No. 1000, Section 34, Block 2, Lot 1. Page 6 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of June 27, 1990 The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before time allotted. Additional time for your presentation will be available, if needed. For more information, please call 765-1809. Dated June 19, 1990: BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD p. GOEKRINGER CHAIRMAN By Doreen Ferwerda FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date..1.2./..1.9./.8. 9. ............... , 19 ..... To .E.DRA. R..I)..J.O.H..N..B.O.Y.p.y..a. [.c..B.R..g.C.g..& TERESA BLASKO BOX I/.68 SOUTHOLD, N.Y. 11971 PLEASE TAKE NOTICE that your application dated ...... J 2./. 13 ............... 19.89.. for permit to ..i.n.s..t .a.1.1...a.n..a.e..eg.s.s.o..ry..a.l?.a.r.t.m.e..n.t..i.n...a..qn..e.f.a.n.~l.y..d..~.e.la~ing Location of Property . .29. lq.i.d4le.t.q~. R.o.a4 ....................... ~re~apor~: ........ House No. Street Hamlet County Tax Map No. 1000 Section .... 40 ........ Block . .OS .......... Lot . .09 .......... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds.. Vp.d.e,r.. bAt,~, ~ ~[ .e. ,]~ l[ $. A ...... .z.o..~ .%~.g, .~.o?.~.a., .o.f..4Pp.~?3..~..f.o.b., .~.h.~., .~.s.~.: ............................ ~ ...... /BUi~s~ng Inspector THOMAS J. F ER RV 1/80 TOWN OF SOUTHOLD, NEW YORK ACCESSORY APARTMENT APPLICA EPTION TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK: Application No. ~ Date Filed: X (We), BRUCE A. & TERESA L. BL~KO of 23 Middleton Road House No. and Street Greenport, New York, 11944 (Hamlet, State, ~ip Co'de) hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE, ARTICLE III , SECTION 100-31 , SUBSECTION (B)(14) for the below-described property for the following uses and purposes: Permission to establish one (1) accessozq; apartment in an existing one-f~mily dwelling containing less than one thousand six hundred (1600) square feet of livable floor area as shown on the attached plan drawn to scale. This application is being made because we purchased our house be- lieving that the upstairs 'apartment constructed by the previous owner, Leonora C~pbell, in 1978, and rented out by her since then, could be approved as an accessory ~partment under the Town Law. The fact the total square footage of our home is less than that required (by 205 square feet) and that the apartment occupies a slightly larger percentage of the whole area (46% vs. 40%) than is set out in the Town Law is explained by the fact that the Town Law was not in effect in 1978 when Mrs. Campbell added the apartment to her house and she had no idea what retirements might (PLEASE SEE ATTACHED PAGE) A. Statement of Ownership and Interest. Bruce A. & Teresa L. Blasko ~ ('are) the owner(s) of property known and referred to as 23 Middleton Road~ Greenport~ New York~ 11944 (House No., Street, Hamlet) identified on the Suffolk County Tax Maps as. District 1000, Section 40_~., Block 5 , Lot 9 , which is ~ on a subdivision map (Filed 2/6/42,...~ of Fleet- fields "Filed ~ 1351 -~. The above-described property was acquired by the owner on November 22, 1989 B. The applicant alleges that the approval of this exception would~ be in harmony with the intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefor in s~id ~rd~nance and w6uld not be detrimental to property or persons in the neighborhood for the following reasons: The proposed accessory apartJ~ent was created by the prior owner of our house in 1978 and rented out by her from 1978 through 1989. During the entire time this apartment was in use there were absolutely no complaints from the neighbors nor did many of them even realize that it existed, so small was its impact upon the neighborhood. Our upstairs apartment is a true accesso~ apartment which is unnoticeable to the neighbors. The approval of this application would certainly be in harmony with the intent and purpose of the Accessory Apartment law of Southold Town. C. In addition to meeting the standards prescribed by the zoning ordinance, the following requirements will be met: l. The accessory apartment will be located only in the principal building. 2. The owner of the existing dwelling will occupy one of the dwelling units as the owner's principal residence. The other dwelling unit which is part of this application shall be leased for year-round occupancy, evidenced by a written lease for a term of one or more years, which will be filed annually. 3. The existing one-family dwelling shall contain not less than ~ (~, ' ~ 1395 sq. ft. of livable floor area. (continued on page two) Application for Special Page Two ~ (continued) Exception 4. The accessory apartment shall contain not less than four-hundred fifty (450) square feet of livable floor area. 'for~$1x '' 5. The accessory apartment shall not exceed ~jgxl~j~Y(~i)O~) percent of livable floor area of the existing dwelling unit. A minimum of three off-street (on-site) parking spaces shall be provided~ as shown on the attached plan. Not more than one {1) accessory apartment will be on this'parcel, The accessory apartment will meet the requinements of a dwe!.l.ing unit as defined.in Section 100~13 of,the ZOning Code;' The exte~ior'entry to the accessory apartment'h~s not changed the.existing exterior appearance of a one-family dwelling. 10.' Aliexterior-alterations to the existing building, except for access to the apartment, is made on the existing foundation as shown on the attached plans. :. ' 11~' I uhder~tand that the Certificate of OcCuPancy Will terminate upon the ~, transfer of-title or upon the owner ceasing to~o~c.upy one of the dwelling" units'as the owner's principal residence; and that in theevent of the ~ ~' owne¥'s demise, the occupant of the accessoP~ apartment ~ay'continue in occupancy until a new owner shall occupy the balance of the dwelling or one (1) year from date of said demise, whtc~ever shall first oc?r.. ~.- :12."'~his conversion shall' be subject to inspection of the Bu!lding mspe~or '~ and Renewal of Certificate of'Occupancy ahnually. · .13. The existing building which is converted to permit this accessory apartment ~ has been in gxistence and h~s a Valid Certificate of 0ccupandy issued prior ~-. to January 1, 1984,~and attached hereto.', )4. The existing building, together with this accessory apartment, shall comply ~ 'with~all other requirements 0f Chapter 100 of the Town Code of the Town of Southold. ' ..... 15. This conversion for the accessory apartment shall comply with all other rules and regulations of the New 'York state Construction Code and other applicable codes. ~ COUNTY OF SUFFOLK)' STATE OF NEw'YORK) ss.: ,i~he,p. roperty which is the Subject. of thi§' application is ~oned R-'40 and [ ~] h'as not changed since the )ssuance of the Certificate of Occupancy attached. [ ~] has changed or received additional building permits, and Certificates of ~.~ Occupancy for these changes are attached or will be furnished. sWorn/~before me this 6th day of (NoE'~ry Pu:i~lic)~ ' "' E~NAR~ JOHN BOYD 5~h · ' ' : ~ NOiARY'pUBtlC,'State o! New York No~ ~37~625, Sufl:,Jk Count~ ' . Commission) Expires ~ 30, l~J ZB5 2/6/86 ~ June, , 1 9. go. BRUCE A. & TERESA L. BLASKO - Attachment to Application made in the future. Ail of the construction done by Mrs. Campbell was approved by the Town (Building Permit 8887Z dated September 28, 1976 resulting in Certificate of Occupancy Z7563 dated March 10, 1977 and Building Permit 9737Z dated May 22, 1978 resulting in Certificate of Occupancy Z9131 dated August 29, 1978) and has remained unchanged since its final completion in 1978. The upstairs apartment is totally separate from the rest of our home except for the fact that access is made through our front door and, as such, is unnoticeable from the street. Financially, it is important to us that we have the extra income from this apartment to meet our obligations, and we would like to help ease the housing shortage in Southold Town by making our pre- existing apartment available to someone who needs it. It is truly unfortunate that the existing livable square footage of our home falls 205 square feet short of that set forth in the present Town Law because at this stage in our lives it is simply impossible for us to make any addition to the house to create the required area. The house with the upstairs apartment is exactly the way we bought it and is exactly the way it was operated by Mrs. Campbell from 1977 through 1989. TOWN OF SOUTHOLD I~PE~IITY RECORD CARD STREE'F VILLAGE E ~ W DISTRICT SUB. TYPE~ OF BUILDING ' ~t. Mkt. Value OWNER S LAND AGE IMP. ~., /?ti NEW NORMAL Farm Acre Tillable I Tillable 2 Tillable 3 Woodland Swampland Brushland House Plot FARM TOTAL DATE BUILDING CONDITION BELOW ABOVE Value Per Acre Value Total FRONTAGE ON WATER FRONTAG~ ON ROAD BULKHEAD DOCK _Bldg. / Z z~ ~' ,~'"'a K Foundation Both v,O 2~ 7~ Fire Place ~ Heot ' Po~I R~ }s~ Fl~t ~eezeway P~io R~ms ~oro~e_ I~,~ ~')~:.'-~ ~ 3 m /~ ~6-Drivew~ Dormer soo 4,~oo soo .... CPU MACOMgER WILLIAM & WF &DO 2.200 (00 2,200 210 I 17 C kQ STRAUSSNER ANToNE A JR C KP GAFFGA IVY V 600 ' 600 600 600 £ LI 9AKELAAR PHILIP % WF ?00 &.SOO ?00 4.500 REPORT NO. RPS]SOP1 PG 9& CURRENT DATE - 12108/89 RPS3SOIVO~ILO02 323 1 821 1 210 1 210 1 210 t 210 PAGE HD R-40 RR HI) R-80 LAND DEPARTMENT OF PLANNING COUNTY OF SM FFO[..:K PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE 360-5513 ARTHUR H. KUNZ DIRECTOR OFPLANNING September 24, 1990 Town of Southold Zoning Board of Appeals Applicant: Bruce & Teresa Blasko Mun. File No.: #3952 S.C.P.D. File No.: SD-90-22 Gentlemen: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or disapproval. Comments: Appears inappropriate as the information submitted does not comply with applicable special exception criteria. Very truly yours, Arthur H. Kurtz Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTI' k 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 XlII 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: Variance from the Zoning Code, Article , Section Variance from Determination of Southold Town Building Inspector. XX Special Exception, Article III , SectionlO0-31 B(14) Special Permit Appeal No.:3952 Applicant: Bruce & Teresa Blasko Location of Affected Land: 23 Middleton Rd., Greenport, NY County Tax Map Item No.: 1000- 40-5-9 Within 500 feQtlof: XX Town or Village Boundary Line Body of Water {Bay, Sound o~'Estuary) State or County Road, Parkway, Highway, __ ~oundary of Existing or 9roposed County, Boundary of Existing or Proposed County, Other Recreation Area Thruway State or Federally Owt{ed Land State or Federal Park or or Existing or Proposed Right-of Way of Any Stream Owned by the County or for Which The County Has Lines, Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. or Drainage Established Channel Channel COMMENTS: Applicant is requesting permission to have an accessory Copies of Town file and related documents enclosed for your review. Dated: September 20, 1990 APPF_.A~S ~OARD MEMBI~,S Gerard P. Ooehringer, Chairman Charles Gfigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Edward J. Boyd V, Esq. P.O. Box I468 Southold, NY 11971 Re: Appl. No. 3952 - Bruce and Teresa Blasko D~ar Mr. Boyd: Transmitted for your records is a copy of the official findings and determination rendered by the Board of Appeals in the above matter at our AuguSt 8, 1990 Meeting. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN Enclosure Copy of Decision to: Stlffotk County Department of planning 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SOUTHOLD TOWN ZONING BOARD OF APPEALS COUNTY OF SUFFOLK : STATE OF NEW YORK SOUTHOLD TOWN ZONING BOARD OF APPEALS : HEARING, : Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 June 27, 1990 7:35 P.M. BEFORE: GERARD P. GOEHRINGER, Chairman BOARD MEMBERS: CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. ALSO PRESENT: DOREEN FERWERDA, Secretary GAIL ROSCHEN Official Court Reporter 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 37 separate CO's. That's the problem. The Town Attorney asked me to recess it. He wants to look into it and, hopefully, we can rectify it within the next couple of weeks. Thank you very much for coming. Is there anybody that would .like to speak in favor of the application? Is there anybody that would like to speak against the application? Hearing no further comments, I recess to the next regular] scheduled meeting. MR. SAWICKI: THE CHAIRMAN: MR. GRIGONIS2: Second. Ail in favor? Aye. MR. DOYEN: Aye. MR. SAWICKI: Aye. MR. DINIZIO: Aye. THE CHAIRMAN: Number 3952, in behalf of Bruce Blasko. The legal notice reads "Upon Applicant No. 3952, The next appeal, Appeal and Teresa as follows: Bruce & Teresa Blasko. Special Exception to the Zoning Ordinance, Article III, Section 100-31 B (14), for permission to have an accessory apartment. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 38 Proposed accessory apartment in an existing one-family dwelling will contain less than 1,600 sq. ft. of livable floor area. Property Location: 23 Middleton Road, Greenport, Count~ Tax Map No. 1000, Section 40, Block 5, Lot 9." I have a copy of a survey, dated August 14, 1989, by R. VanTuyl, P.C., indicating a two-story frame house, approximately 29 feet from Middleton Road, which appears to have a second story which is probably the accessory apartment, or the proposed or existing accessory apartment, and a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Is there anybody that would like to be heard? MR. BOYD: Edward Boyd, Southold, New York, for the application. Good evening, gentlemen. I am here on a rather unusual request. I am not looking to build anything. Everybody wants to build everything. We've already been built. Mrs. Campbell, the previous owner of the property, did all the construction back in 1967 and '68, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ' 22 23 24 25 39 got her building permits and Certificate of Occupancy. Rightly or wrongly, Mrs. Campbell was renting Out the accessory apartment for a period of eight or nine years. She never heard of any complaints. I don't believe the Town ever heard of any complaints. The reason we are here before you tonigh- with this application is because of the size of the structure itself. If it were not for the fact we were dealing with 1,395 square feet, the application for the accessory apart- ment would meet the present Town Code and every single point. But, unfortunately, the Btasko home, formerly the Campbell home, is 205 square feet under what is required by the Accessory Housing Law for the total livable area of the premises. The upstairs apartment, which is intended to be the new accessory apartment, is 100 percent habitable. It is large enough in standard. The downstairs is certainly large enough under any standard for livable purpose. My clients, Mr. and Mrs. Blasko who sit here in the rear of the room this evening, are very 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 anxious that this be approved. change iota. 40 It would not the character of the neighborhood one I would urge you to please give serious thought. It is creating another housing space in the Town of Southotd. THE CHAIRMAN: Mr. Boyd, what is the approximate square footage of the second story of the house? MR. BOYD: Six hundred somewhat -- it is on the plan from Mr. Brown, both the first and second floor on there. I think the first floor is 700 something, and upstairs is 600 something. THE CHAIRMAN: I just did not remember from our last -- MR. BOYD: Right on there, two drawings. The drawing on the left, underneath it has a square footage layout. THE CHAIRMAN: met with you sometime and we discussed this 637. Okay. I think I in February or March, on a Saturday morning. It was at that point that I mentioned to you that possibly this special permit could be altered, not necessarily in this particular cas 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 41 but the entire permit aspect could be altered. So that we don't -- we are not requesting 1,600 square feet for the total dwelling area. At the time this particular accessory permit was placed in our Zoning Ordinance, the pur- pose was to create affordable housing. The purpose of it was to create it for houses 1,600 square feet or more, and presentTy that fits. It is very difficult for us because we cannot bury that square footage, as I mentioned to Mr. Boyd, and the nature of this appli- cation is what he is requesting to do. I think probably the best thing, at this point, is to discuss this with the Town Attorney prior to continuing the hearing. I think that is what we will do, and come back and see what his opinion is concerning it at this point. I think that's what we will see what his opinion is point. MR. BOYD: I believe the square footage can be buried by this Board in the matter of the variance, the same as any other type of variance would be granted. do, and come back and concerning it, at this 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 42 THE CHAIRMAN: Robert Tasker (phonetic) who was the Town Attorney until approximately sometime in early 1988, his opinion was that it couldn't. Now, of course, we are going. with this guide, or that opinion, to date and we will just have to ask the legal opinion frc our present Town Attorney. MR. BOYD: If that is the case, then, the Board of Appeals would be constrained by all such requirements in the Town Code and you gentlemen would be out of business as well as the applicants who come before you because of hardship. I submit it is a particular purpose of the Zoning Board of Appeals to grant relief from strict terms of the Town Code. THE CHAIRMAN: The only thing we have that has been altered in the Accessory Apartmer Law is that either you are required to have a CO on the dwelling, prior to January 1, 1984. We did have one applicant that could not meet that particular requirement. However, he did ask for an affidavit from the Building Inspector, who submitted that the house was ~$ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 43 ready for the CO on January 1, 1984 but, because of the New Year's Eve or the New Year': holiday, he could not inspect the premises and therefore, could not issue the CO. That is the only thing we have buried so far. I understand what you are saying. MR. BOYD: I trust that your conference with the Town Attorney will indicate that ther~ is nothing more about the affordable housing law than any of the other zoning laws that you do grant variances to as part of your everyday operation of the Zoning Board of Appeals. I think it would be remiss for me to sit down without addressing the survey of Mr. VanTuyl and the proposed site plan here. I see he has got proposed parking located in the front yard and that, certainly, would not be the intention of Mr. and Mrs. Blasko because the cars would be placed in the rear yard. This was just a setting forth of Mr. VanTuyl that there was sufficient square footage available for the parking, but doesn't locate where it would be. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 being THE CHAIRMAN: rented as MR. BOYD: 44 Is the present dwelling a two-family, at this time? Pending, we have pending the approval from the Zoning Board of Appeals. THE CHAIrmAN: We thank you very much, Mr. Boyd, for coming in and continuing with the hearing. We will recess for the next regularly scheduled hearing. Bear in mind we have discussions with the Town Attorney. Is there anybody else that would like to speak in favor of this application? Anybody that would like to speak against the application? Any question from Board members? Hearing no further questions, I make a motion recessing the hearing to the next regularly scheduled hearing. MR. GRIGONIS: THE CHAIRMAN: MR. GRIGONIS: MR. DOYEN: Aye. MR. SAWICKI: MR. DINIZIO: THE CHAIrmAN: Second. Ail in favor? Aye. Aye. Aye. The next appeal is in 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CERTIFICATION 128 I, Gail Roschen, an Official Court Reporter, do hereby certify that the foregoing is a true and accurate transcription of my stenographic notes taken on June 27, 1990. GAIL ROSCHEN Patricia Wood,' being dul~vorn, says that she is the Editor, of THE LONG ISLAr~TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has heen .published in said Long Island Traveler. Watchman once each week for ...................... ./" .... weeks Successively, commencing on tile ......... ~.~/. ~ ..... Sworn to before me this ~'~ / f ..................... clay of ' ...... NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN pursuant to the Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, Main Road, Southold, NY 11971, on WEDNESDAY, June 27, 1990, at the following times: 7:30 p.m. Appl. No. 3949-- FRANCES FRISBIE. Variance to the-Zoning Ordinance, Arti- cle III A, Section 100-30 A.4 000-33), as disapproved, for permission to construct an ac- cessory building in the front yard area. Accessory buildings may only be located in the re- quired rear yard. Property Loca- tion: 8050 Nassau Point Road,../, Cutchogue, County Tax Mai5v No. 1000, Section 118, Block 5, Lot 2.!. 7:35 p.m. Appl. No. 3948_ MGH ENTERPRISES, INC.- ORIENT BY THE SEA. Special Exception to the Zoning Or- dinance, Article Ill, Section 100-31 C.9 (e), as disapproved, for permission to construct an off-premises sign. Property Location: 66040 North Road, Greenport, County Tax Map No. 1000, Section 40, Block 04, Lot 01. 7:~O p.m. Appl. No. 3947-- JAMES MARK. Variance to the Zoning Ordinance, Article Ill A, Section 100-30 A.3, Article XXIV, Section 100-244 B, as dis- approved, for permission to construct an addition to a one family dwelling. Proposed con- struct will have insufficient front yard setback. Property Loca. tion: 450 Parsons Boulevard' East Marion, County Tax Map No. 1000, Section 37, Block 1, LOt 18. Notary Public BARBARA A, NOTARY PUBUC, State ol New No, 4S96846 Qualified i~ Sulfa'4 Calnt/ Commissioi, ~xpires :. 7:45 p.m. Appl. No. 3946-- MATTHEW KAR. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.3, Arti- cle XXIV, Section 100-244 B, as disapproyed, for permission to construct an addition to a one family dwelling. Proposed con- struction will have insufficient rear yard setback; Property Location: 155 (Pvt. Road #6) Birch Drive S, Laurel, County ~ Map NO. 1000, Section 128, Block 4, LOt 4. 7:50 p.m. AppL No. 3944-- ANTHONY MERCORELLA. Variance to the Zoning Ordi- nance, Article III, Section 100-33, as disapproved, for per- mission to construct a two car accessory garage in the front yard area. Proposed construe-/ tion only permitted in the r~b quired rear yard. property Loca- tion: 2260 Peconic Bay Boule- yard, Laurel, County Tax Map No. 1000, Section 145, Block 04, Lot O4. 7:55 p.m. Appl. No. 3951- JAMES, PETER & CHRIS MESKOURIS. Variance to the Zoning Ordinance' Article III A, Section 100~30 A.3, Article XXIII, Section 100-239d A.(2). Proposed construction will not meet side yard setbacks and will exceed the permitted lot cover- age and will be within 100 ft. of the ordinary high water mark. Property Location: 1350 Sound Beach Drive, Mattituck, Coun- ty Tax Map NO. 1000, Section 106 Block 1, Lot 36. ~ p.m. Appl. No. 3952~'~ BRUCE & TERESA BLASKO. Special Exceptiot~ to the Zoning Ordinance, Article II1, Section 100-31 B (14), for permission td°' have an accessory apartment. Proposed accesso~ apartment in an existing one family dwell- ing will contain less than 1600 sq. ft. of livable floor area. Pro- perty Location: 23 Middleton Road, Greenport, County Tax Map No. 1000, Section 40, Block 5, Lot 9. 8:05 p.m. Appl. No. 3950-- JACQUE KASABA. Variance to the Zoning Ordinance, Arti- cle II1 A, Section 100-30 A.4 (100-33), Article I11 A, Section 100-30A.3, Article XXIV, Sec- tion 100-244, as disapproved, for permission to construct a deck addition to dwelling and acces- sory pool. Proposed accessory structure not permitted in the front yard area and proposed construction will exceed permit- ted lot coverage. Property Loca- tion: 80 Lakeside Drive & 675~ Cedar Point Drive, Southold~l/ County Tax Map No. 1000, Sec- tion 90, Block 3, LOt 14. 8:10 p.m. Appl. No. 3953-- PETER & CHERYL [N- Z,F. RiLLO. variance to the Zon- ing Ordinance, Article III A, Section 100-30A.3, Bulk, Area and Parking Regulations, as dis- approved, for permission to construct a deck addition to existing one family dwelling. Proposed construction will have insufficient side yard setbacks and excessive lot coverage. Pro- perty Location: 505 7th Street, Greenport, County Tax Map No. 1000, Section 48, Block 01, Lot 17. 8:15 p.m. Appl. No. 3831~ RALPH & PATRICIA PUGLIESE. Special Exception to the Zoning Ordinance, Arti- cle Ill, Section 100~30B (14), for a Winery for the Production~ Storage and the Retail Sale ol~l Wine. Property Location: 34876 Main Road, Cutchogue, Coun- ty Tax Map No. 1000, Section 097, Block 01, Lot 12.1. . 8:20 p.m. Appl. No. 3701- CHARLES ZAHRA. Variance to the Zoning Ordinance, Arti- cle XXV, Section 100-243, Ar- ticle XXV, Section 244, for per- mission to continue to use the second floor apartment as a non-conforming use. Property Location: 140 Pike Steer, Mat- tituck, County Tax Map No. 1000, Section 141, Block 4, LOt 5. 8:25 p.m. Appl. No. 3915- JORDAN'S PARTNERS. Variance tO the Zoning Ordi- nance, Article VII, Section 100-71, as disapproved, for perr mission to construct office and retail stores. Proposed construc- tion is not a permitte~t use in this District. Property Location~l'~ 1000 Main Street and 160 Maifi Road, Greenport, County Tax Map No. 1000, Section 34, Block 2, LOt 1. The Board of Appeals will at said time and place hear any and all persons or representatives cie- siring 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 time allot- ted. Additional time for your presentation will be available, i.f n.eeded. For more information, please call 765-1809. Dated: June 19, 1990 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Doreen Ferwerda q, o0 IX, 6/21/90 (18) NOTICE IS HEREBY GIVEN, pursuant to the Section 267 of the ., TowffLaw and the Code of the Town of £c..C~v:,i, the foBowing hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Sonthuld Town Hall, Main Read, Southold, N.Y., 11971, on WEDNESDAY, June 27, 1990, at the following times: n pl. No. 39n9 - FRANCES FoTet u Var~ce tO the Zcnlng Ordinance, Article In A, Section 100-30 A.4 (100-33), as dis- approvedqfor permission to con- struc~ an t[ccessory building in the front yard ~rea. Ac~esso~ buildings may only ~e located in the rear yardYPropuny Location: 8050 Nassau Point Road, Cutchogue, County Tax Map No. 1000, Section 118, Block 5, Lot 2. L 7:35 p.m. AppE No. 3945.-~ MGH ENTERPRISES, INC.'~- ORIENT BY THE SEA. Special Exception to the Zoning Ordinance, Article HI, Section 100-31 C.9 (e), as disapproved, for permission to colmmct an off-increases sign. Prop- erty Location: 66040 North Road, Greenport, County Tax Map No, 10~0, Section 40, Block 04, Lot 01. 7:40 p.m. Appl. No. 3947 -- JAMES MARK. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.3, Article XXIV Section 100-244 B, as dtsapproved, for permission to ccaastmct an addi- tion to a one family dwelling. Pro- po~ed construction will have insuf- ficient front yard setback. Pmpurty Location: 450 Parsons Boulevard, East Merino, County Tax Map No; 1000, Section 37. Block 1, txa 15. 7:45 p.m. Appl. No. 3946 MA'I'ITIEW KAR. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.3, Article XXIV, Section 100-244 B, as dtsapproved, for permission to consuuct an addi- tion to a one family dwelling. P~- posed c~yastmctinn will have insuf- ficient rear yard setback. Property Location: 155 (INn. Road ~6) Birch Drive S, Laurel, County Tax Map }4o. 1000. Section 128. Block 4, Lot 4. _ 7:50 ~i~ ~ppl. No. 3944 -- ANTHON~ MERCORELLA. Vari- an~ to ~ Z~ing Ordinance, Arti- cle HI, Section 100-33, as disap- proved, for permission to co~Wuct a two car accessoe/garage in the f~nt yard af~a. Proposed constractton only permitted in the ~eqin~ed tear yard. Property Location: 2260 Peconic Bay Boulevard, Laurel, Ceunty Tax Map No. 1000, Section 145, Block 04, LOt 04. 7:55 p.m. AppL No. 395!Or~ JAMES, PETER & CHRIS MESK- OURIS. Vanance to the Zoning Or- dinance. A~icle Ill A, Section 100- 30 A.3, A~icle XXII~ Secfon 1.00- ' ~39d A.(2). ~9llg~n:onstmctton will not meet side yard setbacks and will exceed the permitted let cover- igc and will be whhin 100 fx of the ordinary high water rnafk. Location: 1350 Sound Beach Drive, Mattltuck, County Tax map No. -~. 1000, Section 106, Block I, L~36. · '~RUCE , TERESA BLASKO~. Special Exc~ ~n~o the Zoning Otdinance,~ -In, Section 100- 31 B (14), fo~ aission to bave an accessory nment. Proposed ~oe f~ily dwe ling will contain less than 1~00 sq. ft. of livable floor a~e~. Pmpe~y location: 23 Middle- ton Road, Greenport, County Tax Map No. 1000, Section 40, Block .8:05 p.m. Appl. No 3950 · JACQUE KASABA. Variance to the Zoning Ordinance, Article IH A, -~ l~.ion 100-30 A.4 (100-33), Arki- e fll A, Section 100-30A.3, Arti~P XXIV, Section 100-244, as dis- approved, for permission to con- rtmct a deck aqd t on to dwellin$ :'t~ and accessory 11ooL Proposed ac- te9atsJ.. Continued trom preWOus page ¢essoty structure not permitted in the front yard a~ea and proposed construction will exceed permitted lot coverage. Pmpero] Location: 80 Lake. side Drive & 675 Cedar Point Drive, Sonthold, Couaty Tax Map No. 1000, Section 90, Block 3, Lot 14. 8:10 p.m. Appl. No. 3953 -- PETER & CHERYL INZERILLO. Variance to the Zoning Ordinance, Article HI A, Section 16~/c~0 A.3, Bulk, A~.a and Parking l~mlatinns, as disapproved, for permission to construct a deck additiqn to existing one family dwelling. Propu~ed con- stmction will have insufficient side yard setbacks and excessive lot erase, property Location: 505 7th ' Sueet, Greenpe~ Co~mty Tax Map No. 1000, Section 48, Block 01, Lot 17. 8:15 p.m. AppL No. 3831 RALPH & PATRICIA PUGLIESE. Special Exception to the Zoning Ontinance, Article l~ Section 100- 30B (14), for · W'mmy for the Pro- dncfien, Storage.and tba ~ Sale of Want. Prope~y l.,~atieo: 34876 01, Lot 12.1. 8:20 p.m. AppL No. 3701 -- Zoning Ordinance, Arricie XXV, fion 244, fe,r l:ennission to ce~tin~ to use the second floc~ apennma as a non-conforming ~se. Property Location: l~l~erect, Matra- tuck, County Tax Map No. 1000, Secti~ 141, Block 4, Lot 5. STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Yvonne Lieblein of Mattituck, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 wee-ks successively, commencing on the 2]. day of 3uae 19 90 Principal Clerk Sworn~-' before me this ~:2~ p.m. Appl. No. 3915 -- ~ORDAN'S y_ART$. Variaa~ to the Zoning Ordina/lce, Article Main Street and 1~ Main Road, 1~, ~ti~ 34, BI~ 2, ~ 1. ~ ~ ~ A~ w~ at said ~e ~ p~ h~ ~y ~d ~ ~r- W~t~ ~ ~y ~ ~ su~ subject h~a. ~ available, ff n~d. For mom ~i~ p~e ~ 7~-1~. . BY O~ER OF ~E ~OLD ~ BO~ OF APP~ ~. ~E~GER CH~ By ~ F~ ~23-1T~1 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 FAX No. (516) 765-1823 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the times allotted in the attached Legal Notice. Please feel free t~ call our office prior to the hearing date if you have questions or wish to update your file. Yours very truly, dff GERARD P. GOEHRINGER CHAIRM3~N APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD S.E.Q..R.A. TYPE II ACTION DECLARATION SCOTI~ L. HARRIS Supe ,rvisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fsx (516) 765-1823 Telephone (516) 765-1800 June 27, 1990 Appeal No. 3952 Project/Applicants: County Tax Map No. Location of Project: BRUCE & TERESA BLASKO 1000-40-5-9 23 Middleton Road, Greenport, NY Relief Requested/Jurisdiction Before This Board in this Project: Permission to have a.n accessory apartment which will contain less than 1600 sq. feet of livable floor area. 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 ko 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 esEablished 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, p~ease contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at {516) 765-1809. tm · TO~N OF SOUTHOLD, NE~ YORK ACCESSORY APARTMENT APPLICA~EPTION TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK: Application No. ,-~5~ Date Filed: X (We),BRUCE A. & TERESA L. BLASKO of 23 Middleton Road House No. and Street Greenport, New York, 11944 (Hamlet, State, Zip Co'de) hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE, ARTICLE III , SECTION 100-31 , SUBSECTION (B)(14) for the below-described property for the following uses and purposes: Permission to establish one (1) accessory apartment in an existing one-family dwelling containing less than one thousand six hundred (1600) square feet of livable floor area as shown on the attached plan drawn to scale. This application is being made because we purchased our house be- lieving that the upstairs 'apartment constructed by the previous owner, Leonora Campbell, in 1978, and rented out by her since then, could be approved as an accessory apartment under the Town Law, The fact the total square footage of our home is less than that required (by 205 square feet) and that the apartment occupies a slightly larger percentage of the whole area (46% vs. 40%) than is set out in the Town Law is explained by the fact that the Town Law was not in effect in 1978 when Mrs. Campbell added the apartment to her house and she had no idea what requirements might (PLEASE SEE ATTACHED PAGE) A. Statement of Ownership and Interest. Bruce A. & Teresa L. Blasko ~ ('are) the owner(s) of property known and referred to as 23 Middleton Road~ Greenport, New York, 11944 (House No., Street, Hamlet) identified on the Suffolk County Tax Maps,as District lO00, Section 40__4~1~¥., Block 5 , Lot 9 , which is ~ on a subdivision map (Filed 2/6/42,,,~,. of Fleet- fields "Filed Map--~-N~. 1351 ). The above-described property was acquired by the owner on November 22, 1989 B. The applicant alleges that the approval of this exception would' be in harmony with the intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefor in slid brdinance and would not be detrimental to property or persons in the neighborhood for the following reasons: The proposed accessory apartment was created by the prior owner of our house in 1978 and rented out by her from 1978 through 1989. During the entire time this apartment was in use there were absolutely no complaints from the neighbors nor did many of them even realize that it existed, so small was its impact upon the neighborhood. Our upstairs apartment is a true accessory apartment which is unnoticeable to the neighbors. The approval of this application would certainly be in harmony with the intent and purpose of the Accessory Apartment law of Southold Town. C. In addition to meeting the standards prescribed by the zoning ordinance, the following requirements will be met: 1. The accessory apartment will be located only in the principal building. 2. The owner of the existing dwelling will occupy one of the dwelling units as the owner's principal residence. The other dwelling unit which is part of this application shall be leased for year-round occupancy, evidenced by a written lease for a term of one or more years, which will be filed annually. 3. The existing one-family dwelling shall contain not less than ~ (~x 1395 sq. ft. of livable floor area. (continued on page two) Application for Special Exception Page Two (continued) C. 4. The accessory apartment shall contain not less than four-hundred fifty (450) square feet of livable floor area. £or~v~szx 5. The accessory apartment shall not exceed~;gk%b~%~ percent of livable floor area of the existing dwelling unit. A minimum of three off-street (on-site) parking spaces shall be provided~ as shown on the attached plan. Not more than one il) accessory apartment will be on this 'parcel', The accessory apartment will meet the requir,ements of a dwell.ing unit as defined in Section lOOJl3 of the-ZOning Code; Theexterior'entry to the accessory apartment' has not changed the~existing exterior appearance of a one-family dwelling. ID. Ali'exteriOr'alterations to the existing building, except for access to the apartment, is made on the existing foundation as shown on the attached plans. ll.' I uhderStand that the Certificate of Occupancy will terminate upon the transfer of title or upon the owner ceasing to~o~cupy one of the dwelling units as the owner's principal residence; and that in the. event of the owner's demise, the occupant of the accessor~ apartment ~ay continue in occupancy until a new owner shall occupy the balance of the dwelling or one il) year from date of said demise, whichever shall first occur. '12.'~'This conversion shalT be SubjeCt to inspection'of the'Building Inspec~6r "and Renewal of Certificate of'Occupancy ahnually.' ' ,.13. The existing building which is copverted to permit this accessory apartment " ' has been in existence and has a Valid Certificate of Occupandy issued prior '~ to January l, 1984,~and attached hereto.', The existing building, together with this accessory apartment, shall comply 14. with~all other requirements Of Chapter lO0 of the Town Code of the Town of Southold. 15. This conversion for the accessory apartment shall comply with all other rules and regulations of the New 'York State Construction Code and other applicable codes. COUNTY OF SUFFOLK) STATEOF NEW~ORK) ss.: .~he~roperty which is the ~ubjectof thi§'applicattoni~§ ~oned R-'40 and [ x] h~s not changed since the )ssuance of the Certificate of Occupancy attached. [ ] has changed or received additional building permits, and Certificates of ~ Occupancy for these changes are attached or wil) be furnished. / ~(Signature) Sworn t/before me this 6th day of (No%'~ry' Pu'61ic) ~ EDWARD jOHN'BOYD 5th .... ~' NO3'AR¥ pUE~LIC, State oI New June, , 19 90. BRUCE A. & TERESA L. BLASKO - Attachment to Application made in the future. Ail of the construction done by Mrs. Campbell was approved by the Town (Building Permit 8887Z dated September 28, 1976 resulting in Certificate of Occupancy Z7563 dated March 10, 1977 and Building Permit 9737Z dated May 22, 1978 resulting in Certificate of Occupancy Z9131 dated August 29, 1978) and has remained unchanged since its final completion in 1978. The upstairs apartment is totally separate from the rest of our home except for the fact that access is made through our front door and, as such~ is unnoticeable from the street. Financially, it is important to us that we have the extra income from this apartment to meet our obligations, and we would like to help ease the housing shortage in Southold Town by making our pre- existing apartment available to someone who needs it. It is truly unfortunate that the existing livable square footage of our home falls 205 square feet short of that set forth in the present Town Law because at this stage in our lives it is simply impossible for us to make any addition to the house to create the required area. The house with the upstairs apartment is exactly the way we bought it and is exactly the way it was operated by Mrs. Campbell from 1977 through 1989. JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 FAX (516) 765-1823 TELEPHONE (516) 765-1801 TO: SOUTHOLD TOWN ZONING BOARD OF APPEALS FROM: JUDITH T. TERRY, SOUTHOLD TOWN CLERK RE: ZONING APPEAL NO. 3952. BRUCE A. & TERESA L. BLASKO DATE: JUNE 8. 1990 Transmitted is special exception for BRUCE A. & TERESA L. B,I_ASKO together with notification to adjacent property owners; short environmental assessment form; Notice of Disapproval from Building Department; Certificate of Occupancy from the Building Inspector; Pre-Existing Certificate of Occupancy from the Building Inspector; Zoning Board of Appeals Questionnaire form; architects plans; and survey of property. Judith T. Terry Southold Town Clerk /PROJECT I.D. NUMBER L SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT/SPONSOR I 2. PROJECT NAME BLASKO, Bruce A. & Teresa L. I Accessory Apartment "3. PROJECT LOCATION: Municipality TO%~I1 of Southold cou,~, Suffolk "4. PRECISE LOCATION i~'t~aet address and'road intersections, prominent landmarks, etc., or provide map) 23 Middleton Road, Greenport, New York 11944 SEQR 5. IS PROPOSED ACTION: [] New [] Expansion [] Modlllcatlonlallsratlon S. DESCRleE PROJECT BRIEFLY: Application for Accessory Apartment in existing one-family dwelling pursuant to Section 100-30B 15 of the Southold Town Code. ~'. AMOUNT OF I~.N~O AFFECTED: . 2 Initially acres Ultimately acres S. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ~U~ Yes [] No If No, dssc~'lbe briefly WHAT ,s FRESE.T ~NO USE ,. V,C,.,TY DP .ReJEcT? Describe: [] Agriculture r~ Pafl(JForestlopen space [] Other 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING. NOW OR ULTIMATELY FROM AN~ OTHER'GOVERNMENTAL AGENCY (FEDERAl.., STATE OR LOCAL)? [] Yes ~] NO If yes, list agency{s) and permit/approvals Town of Southold, Board of Zoning Appeals - Permit for Accessory Apart- ment pursuant to Section 100-30B 15 of the Southold Town Code. il. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ['-J Yes [] No If yes, Iisi agency name and permit/approval '2. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? [] Ye, I~.o CERTIFY THAT THE INFORMATION PROVIDED ASOVE IS TRUE TO THE BEST OF MY KNOWLEDGE .ama: Bruce A. Blasko ~ Teresa L. Blasko os,a: ~/~/~J If the action is in the Coastal Area..',nd you are a state agency, complete the Coastal Assessment Form balers proceeding with this assessment OVER 1 (Continued on reverse side) The N.Y.S. Enviro~mental Quality Review Act requires submission of this form, and an enviro'nmental review will be n:adQ ~y this Board before any action is taken. INSTRUCTIONS: (a) In--order to answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action. It is not expected that edditional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes t~e project may be nificant and completed Environmental Assessment Form is necessary, (c} If all questions have been answered NO it is likely that the project is not significant. (d) E~nvironmenta! Assessmen~ 1. Will project result in a large physical change to the project site or physically alter more than l0 acres of land? ~Yes X No 2. Will'there be a major change to any unique or unusual land form on the site? ~Yes X No 3. Will project alter or have a large effect on X a~ existing body of water~ ~Yes No 4. Will project have a potentially large, impact on groundwater quality? __Yes X No 5. Will project significantly effect drainage flow 6. Will project affect any threatened or endangered plant Or animal species? ~Yes X No 7. Will project result in a major adverse effect on air quality? Yes X No 8. Will project have a major effect on visual char- sorer o~ ~he community or scenic views or vistas known to be important tn the community? Yes ~XNo 9. Will project adversely impact any site or struct- ure Of his=orlc, pre-historic, or paleon=ologica~ importance or any site designated as a critical environmental area by a local agency? Yes X No 10. Will project have a m~jor effect on existing or X II. Will project result in major traffic problems or cause a major effect to existing transportation X ' systems? . Yes ~No 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- X ence as a result of the pro~ec~*s operation? Yes 13, Will projec~ have any impact on public health or safety? ~Yes X No ~4. Will project affect the existing communit~ by directly causing a growth in permanent popula- tion o~ more than ~ percent over a one-year Yes X No charact~of the community or neighborhood? 15. Is there public controversy COnc~rning the .. Yes ___.~o QuESTIO~NAIRE TO BE C©.~'IPLETED AND SUB~ITTED ~Tt{ Y©UR APPL£CATION FOi~/,1S 'FO '['lIE BOARD OF APPEALS Please complete, sign and return to the Office of the Board of Appeals with your completed application forms. If "Yes" is answered to any questions below, please be sure to depict these areas on your survey (or certified sketch), to scale, and submit other supporting documenta- tion. 1. Are there any proposals to chan~ or alter land contours? ~ No 2.a)Are there any areas which Contain wetland grasses? (Attached is a list of the wetland grasses defined by Town Code, Ch. 97 for your reference.) ~ No b)Are there any areas open to a waterway without bulkhead? ~ No 3. Are there existing structures at or below ground level, such as patios, foundations, etc? Yes 4. Are there any existing or proposed fences, concrete barriers, decks, etc? ~ No If project is proposed for an accessory building or structure, is total height at more than 18 feet above average ground-~-~l? State total: ft. ~ No Se If project is proposed for principal building or structure, is total height at more than 35 feet above average ground 1-~17 State total: ft. ~ NO 7. Are there other premises under your ownership abutting this parcel? If yes, please submit copy of deed. ~ No Are there any building permits pending on this parcel (or abutting land under your ownership, if any)? State Permit ~ and Nature: ~ No Do state whether or not applications ar~ pending concerning these premises before any other department or agency (State, Town, County, Village, etc.): Planning Board Town Board Town Trustees County Health Department Village of Greenport N.Y.S.D.E.C. Other No No No No No No No 10. Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale. (from cQntract) 11. Is new construction proposed in the area of contours at 5 feet or less as exists? No 12. If new construction is proposed in an area within 75 feet of wetland grasses, or land area at an eleva- tion of five feet or less above mean sea level, have you made application to the Town Trustees for an -inspection for possible waiver or permit under the requirements of Ch. 97 of the Town Code? ~ No 13. Please list present use or operations conducted upon the subject property at this time oneifamily dwelling and proposed one-family dwelling wltn accessory apar~men~ Please submit photographs [or the record. I certify that the above statements are true and are being submitted for reliance y the Board of Appeals in considering my application. ~igna~ure (Property Owner) (Au~nor~e~ Agent) ~, / ] 1/88 WETLANDs [Amended ~-'~l;-T6 h¥ L.I.. No. Z-I!)TG; ~.~. 85 hy L.L. No. 6-19851: A. TIDAL W~TLANDS: (1) All lafid~ genernlly cover~.d or intermittently coy. ered with. o~ which bord,r on. thlal waters, or lands lying beneath tidal writers, which at mean low tide are covered b~ tidal wmers to a maximum depth five (5) feet. inelmlin~ but not limited to banks. bogs. salt marsh, swnmps, meadow~, flat~ or other low lying lands subject to tidal aethm: (2) All banks, bogs. mead.w~, flats and tidal marsh subject ~ such tides and upon which ~rows or may grow some or any of tbe fi~llowing: salt hay. black grass, saltwort, sea lavender, tall eord~rass, high hush. cattails, groundsel, marsbm:dlow and march cordgr~ss: and/or All land immediatel~ ad~ucent to a tidal wetland as defined in Subsection Al2) and lyin~ within seven- ty-five (75) feet lamlward of the most landward edge of such a tidal wetland. FRESIIWAT~R W~TLANDS: (i) "Freshw~r wetlands" as defined in Articl~ 2,1. Ti- tle I. ~ 24-0107. Subdivisions l(a) ~ l(d) inclusive. of the ~nvironmen~l Conservation ~w o~ the Sta~ of New York: and (2) All land immediately ad.iacent to a "freshwater xvet~ land," as defined in Subsection B(1) ami lying with- in seventy-five (75) feet landward of the most land- ward edge of a fl'eshwater wetland." 9705 lrOKM NO. 4~ TOWN OF SOUTHOLD BUn.DING DEPARTMENT Town Clerk's Office Southold, N. Y. Certificate Of Occupancy No. Z..7.~.6.3. ...... Date ........... .~[21'.. J.0. ........ ,19.7.2. THIS CERTIFIES that the building located at ...Hi~ldle.tnn. Road ........ Street Map No..Fjl, e.~ .t..F.~lock No ........... Lot No...8 ..... 0r~.r~p0r.t... I~..X, ....... conforms substantially to the Application for Building Permit heretofore filed in this office dated ......... Sepia .28 ..... , 19.74 pursuant to which Building Permit No..~.8.7.~. dated ....... .S.e.p..t...~..8 ...... , 197~., was issued, and conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is issued is .. ?.r.l¥.a.~.e., p.n.e., .f.a.m.i.~. ~r..~?.e..~.].i.n~ .V.i.~h .a..n, .~.d.~..i.U.o.n. ................. The certificate is issued to ...H.r.s...L.o..C.a..~p.b.e..1.1 .................................... (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval N. :.R... ............................... UNDERWRITERS CERTIFICATE No. p.e.n, ct.~.n.g .................................... HOUSE NUMBER . .8.9.0. ........ Street .... ~.Li.d.d.~e. 1;.o~..R.~I ..... Ol'.e.e. zH~p~.l; ........ .......... '! ....... TO~VN OF SOUTHOLD BUILDING DEPARTMENT Town Clerk% Offlee Southola, N. Y. Certificate Of Occupancy Auggs.t. 29 19 .7.8. No...Eg.193. .... Date .......................... , . THIS CERTIFIES that the building located at .... 8.9.0. .M.i..d.c~l..e.t..o.n..R.o..a.d.., Street Map No...~5~1 ...... Block No ........... Lot No ........... $ ...................... conforms substantially to the Application for Building Permit heretofore fried in this office dated .,. May .... 22 ......... , 19., 75 pursuant to which Building Permit No .... 97}.7.Z dated May 22 .7.8. ....................... , 19. , was issued, and conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is Family Dwelling 0nly Lssuedis ..........Private.. ...0ne. ..................... Leonora Campbell The certificate is issued to ........................................................ ( owner, ) of the aforesaid building. Su~olk County Department o! Health Approval ....... N/R N395822 UNDERWRITERS CERTIFICATE No ............................................. 890 Street Mtddleton Road HOUSE EMBER ........................................................ Greenport, New York ..... Building Imp~2tor FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. PRE EXISTING CERTIFICATE OF OCCUPANCY No Z-18514 Date OCTOBER 31~ 1989 THIS CERTIFIES that the building Location of Property 890 MIDDLETON ROAD House No. County Tax Map No. 1000 Section 40 Subdivision FLEETFI~ ONE FAMILY DW~T.T.ING GREENPORT~ N.Y. Street Hamlet Block 5 Lot 9 Filed Map No. 1351 Lot No. 8 conforms substantially to the requirements for a private one family dwelling built prior to: APRIL 9~ 1957 pursuant to which CERTIFICATE OF OCC. Z-18514 dated OCTOBER 31~ 1989 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ONE FAMILY DWR. TJ.ING WITH ACCESSORY 1-1/2 CAR GARAGE* The certificate is issued to LEONORA CAMPBR?J. (owner) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL NO RECORD PRE EXISTING UNDERWRITERS CERTIFICATE NO. NO RECORD PRE EXISTING PLUMBERS CERTIFICATION DATED NO RECORD PRE EXISTING *PLEASE SEE ATTACHED INSPECTION REPORT. Rev. 1/81 ,~ J ~) COUNTY OF SUFFOLK J~,.~- SOUTHOLD 040 BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter OT the Petition of BRUCE A. & TERESA L. BLASKO to the Board of Appeals of the Town of Southold TO: Barbara A. McGinness 820 Middleton Road Greenport, NY 11944 Carmilla Martocchia & Another 960 Middleton Road Greenport, NY 11944 NOTICE TO ADJACENT 'PROPERTY OWNER Diane Carroll & Donald Bracken 199 Wheeler Road Old Field, NY 11733 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (Special Exception) (S;p~) 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 23 Middleton Road~ Greenportt New Yorkt 11944; Tax Map Designation: 1000~ 040.00~ 05.00~ 009.000 3. That the property which is the subiect of such Petition is located in the following zoning district: R-40 Residential Low Density 4 That b~ such Petition, the undersigned will request the following relief: Permission to estab- lish one (1) accessory apartment in an existing one-family dwelling contain- ing less than one thousand six hundred (1600) square feet of livable floor area. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signedare Article III Section 100-30 A.2(B)(1) & 100-31 (B)(14) [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you ma), then and there examine the same during regular office hours. (5'16) 7~'5-'1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearang.Dated: June 5, 1990 ~'~~-' (''~') Petitioner Owners'Names:Bruce A. & Teresa L. PostOfficeAddress 23 Middleton Road Greenport, NY 11944 Tel. No. (516 477-2990 Blasko [Copy of sketch purposes.] or plan showing proposal to be attache~d for convenience ATTACH CERTIf NAME Barbara A. McGinness ~"~ 820 Middleton Road Greenport, NY 11944 Carmilla Martocchia & Another 960 Middleton Road Greenport, NY 11944 Diane Carroll & Donald Bracken 199 Wheeler Road Old Field, NY 11733 STATE OF NEW YORK COUNTY OF SUFFOLK SS.; Edward John Boyd V , residing at Cedar Beach Road, Southold, New York, 11971 , being duly sworn, deposes and says that on the 6th day of June ,19 90 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at Southold, New York ; that said No--mailed to each of said persons by (certified) (~n~cl) mail. Sworn to before me this dayo~ June . .19 90 Notary Public ELEEN VMI W&qT No~ Pub~, Sine et NOe YIk No. Edward John Boyd V (This side does not have to be completed on form transmitted to adjoining property owners.) Y ' NOT ~HOWN O~LN~UO~ ~,~ ~ ~ ACC 0 date; scale. ' erawi~ no. i ref, II I I III