Loading...
HomeMy WebLinkAbout3826 Southold Town Board of Appeals MAIN ROAD- STATE R{3AD 25 SEiUTHE]LD, L.I., N.Y. llCj?l TELEPHONE (516) 765 1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. ACTION OF THE BOARD OF APPEALS Appl. No. 3826: Matter of GLADYS W. HOWELL for a Variance to the Zoning Ordinance, Article VII, Section 100-71 for approval of conversion of existing accessory building for dwelling use, accessory to the main dwelling structure, in this Residential-Office (RO) Zone District. Location of Property: 51470 Main Road, Southold, NY; County Tax Map District 1000, Section 70, Block 2, Lot 2. At a Meeting of the Zoning Board of Appeals held on March 16, 1989, the following action was taken: WHEREAS, a public hearing was held on March 9, 1989 under File No. 3826, filed February 6, 1989; 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: 1. By this application, applicants request a Variance under Article VII, Section 100-71 for approval of conversion of existing accessory building for dwelling use, accessory to the main dwelling structure, in this Residential-Office (RO) Zone District. Page 2 - Appl. No. 3826 Matter of GLADYS W. HOWELL Decision Rendered March 16, 1989 2. The premises in question: (a) contains a total area of 13,078+- sq. ft.; (b) is improved with both a single-family, one-story principal dwelling structure and accessory garage structure, located in the rear yard area; (c) is identified on the Suffolk County Tax Maps as District 1000, Section 70, Block 2, Lot 2. 3. For the record, floor plans of the accessory structure which is the subject of the variance for conversion into livable area has been submitted and prepared by Gary Williams for the property owner. 4. The principal use of the premises is a single-family dwelling use in the existing principal structure, which is conforming in this Zone District. 5. The building which is the subject of the proposed conversion is the accessory garage building. The accessory building has had recent renovations and other improvements to include new electrical and other utilities (without town approvals). 6. The area of the proposed conversion consists of a size of approximately 18 ft. x 20 ft. and is proposed to contain cooking facilities, to be used on a temporary basis to provide a convenient location on site for additional living quarters needed in the care of the property owner, who is under medical care and is 91 years old. Although the Board Members are sensitive to the personal nature of this matter, they strongly feel that they are without authority under the laws to allow a second dwelling unit on this substandard parcel located in this RO Zone District, as further noted below. 7. The use requested by this variance is not a permitted principal or permitted accessory use in this RO Zone District. 8. Applicant has indicated an intent to attach the garage structure to the principal dwelling, if it would lend to the creation of an Accessory Apartment use, a use which is a common permitted use in an existing principal building in the AC, R-80, R-120, R-200, R-400, R-40, HI), RR, LB, and HB Zone Districts, subject, of course, to the conditions specified under Article III, Section 100-31B(14) of the Zoning Code. This Accessory Apartment by Special Exception permit was not included in this RO Zone District when the Town enacted the new Zoning Code, although the same was permitted under the previous zoning ordinance for the prior "A" Residential and Agricultural Zone District. Page 3 - Appl. No. 3826 Matter of GLADYS W. HOWELL Decision Rendered March 16, 1989 9. The criteria for issuing use variances are several: (a) proof by dollars and cents that the land in question can't yield a reasonable return if used for purpose allowed in that zone; (b) plight is due to unique circumstances and not to general conditions in the neighborhood which may reflect unreasonableness of the zoning law itself; (c) use won't alter the essential character of the neighborhood. (See Otto v. Steinhilber, 282 N.Y. 71 (1939); Fayettville v. Jarrold, 53 N.Y. 2d 254 (1981); Douglaston Civic Association, Inc. v. Klein, 51 N.Y. 2d 963 (1980). The criteria for the issuance of a variance in this application has not been satisfied to that required by the Courts. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, that the relief requested in the Variance Application for GLADYS W. HOWELL under Appl. No. 3826, BE AND HEREBY IS DENIED WITHOUT PREJUDICE (for the reasons stated above. ) Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and Dinizio. (Absent was: Member Sawicki (out of state) and Member Doyen (family bereavement). This resolution was duly adopted. lk GERARD P. GOEHRINGER, Town Clerk, Town of ''~ ~ ~ ~.OU~nc~d APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. Southolcl Town Board of Appeals MAIN REIAD- STATE RI-lAD 25 SnUTH{3LD, L.I., N.Y, 11c:J'71 TELEPHONE (516) 765 1809 NOTICE OF HEARINGS Residential-Office (RO) Zone District. Location of Property: 51470 Main Road, Southold, NY; Section 70, Block 2, Lot 2. 7:35 p.m. Appl. the Zoning Ordinance, County Tax Map District 1000, No. 3825 - SUSAN A. FORBES. Variance to Article III, Section 100-31, and Article XXIV, Section 100-244 for approval of open deck addition with an insufficient front yard setback. Lot area of premises is nonconforming at approximately 11,300 sq. ft. in this R-80 Zone District. accessory to the main dwelling structure, in this 11971, on THURSDAY, MARCH 9, 1989, at the following times: _/~7:30 p.m. Appl. No. 3826 GLADYS W. HOWELL. Variance to the Zoning Ordinance, Article VII, Section 100-71 for approval of conversion of existing accessory building for dwelling use, 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 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of March 9, 1989 7:40 p.m. Appl. No. 33813 - SHELDON HILLS as Trustee for Barterama Corp. Employees Profit Sharing Trust. Variances to the Zoning Ordinance, Article III, Section 100-32C and Column iii of the Bulk Schedule, for permission to reduce side yards to less than the required 20 and 25 feet, and less than the total 45 feet for both sideyards, on this 2+ acre vacant parcel. Zone District: R-80. Location of Property: Private Right-of-Way referred to as Private Road #11 (also referred to as Aldrich Lane Extension), extending off the north side of Sound Avenue, Mattituck, NY; County Tax Map District 1000, Section 112, Block 1, Lot 12; Southold Town Planning Board Approved Set-Off Map March 4, 1985. 7:45 p.m. Appl. No. 3828 - ROSEMARY SULLIVAN. Variances to the Zoning Ordinance, Article III-A, Section 100-32A for permission to construct 10' by 14' addition (replacing existing deck) with an insufficient rearyard setback and in excess of the maximum 20% lot coverage requirement. Zone District: R-40. Location of Property: 5365 Peconic Bay Boulevard, Laurel, NY; County Tax Map District 1000, Section 128, Block 1, Lot 11. Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of March 9, 1989 7:50 p.m. Appl. No. 3823 - THOMAS THOMPSON. Variance to the Zoning Ordinance, Article III, Section 100-32, and Bulk Schedule, for approval of existing swimmingpool with deck areas which will have an insufficient rearyard setback when attached by a raised deck to the rear of the existing dwelling. Zone District: Agricultural-Conservation (A-C). Location of Property: 2890 Bridge Lane, Cutchogue, NY; Lot #10 on Map of Ismar Acres (Approved March 13, 1973); County Tax Map District 1000, Section 85, Block 2, Lot 22. 7:55 p.m. Appl. No. 3830 - REV. CHARLES BELL. Variances to the Zoning Ordinance, Article III-A, Section 100-32A, and Bulk Schedule, for permission to construct addition at rear of existing dwelling with an insufficient rearyard setback. Zone District: R-40. Location of Property: 1330 Donna Drive, Mattituck, NY; Lot #32, Deep Hole Creek Estates; County Tax Map District 1000, Section 115, Block 15, Lot 15. Page 4 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of March 9, 1989 8:00 p.m. Appl. No. 3814 - RYCK KOKE. Variance to the Zoning Ordinance, Article III-A, Section 100-32A, for approval of swimming pool with fence enclosure in the side yard area. Zone District: R-40. Location of Property: 245 Kimberly Lane, Southold, NY; Paradise By the Bay Subdivision Lot No. 2; County Tax Map District 1000, Section 70, Block 13, Lot 20.2. 8:10 p.m. Appl. No. 3824 - NICK AND KATIE NICKOLAUS. Variance to the Zoning Ordinance, Article III, Section 100-33 (previously 100-32) for permission to locate accessory building in an area other than the required rear yard. Zone District: R-80. Location of Property: 17555 Soundview Avenue, Southold, NY; County Tax Map District 1000, Section 51, Block 1, Lot 2. 8:15 p.m. Appl. No. 3811 - RICHARD AND JANET SCHLUMPF. Variances: (a) to the Zoning Ordinance, Article III-A, Section 100-32A for permission to construct principal building with an insufficient front yard setback, and (b) pursuant to New York Town Law, Section 280-a for approval of access over private right-of-way referred to as Silkworth Road extending from the east side of Westphalia Avenue (Road), District: R-40. Location of Property: Pleasant; County Tax Map District 1000, Lot 12. Mattituck, NY. Zone Lot #1, Map of Point Section 113, Block 9, Page 5 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of March 9, 1989 8:20 p.m. Appl. No. 3785 - RAYMOND F. NINE, PAMELA NINE AND CHARLES ZAHRA. Special Exception to the Zoning Ordinance, Article III-A, Section 100-3IA(B) for permission to establish "Bed and Breakfast Use," 'an owner-occupied building, other than a hotel, where lodging and breakfast is provided for not more than six casual, transient roomers, and renting of not more than three rooms,' in conjunction with owner-occupancy as a single-family dwelling use. Location of Property: North Side of New Suffolk Avenue; Mattituck, NY; County Tax Map District 1000, Section 114, Block 11, Lot 20. Zone District: R-40. 8:30 p.m. Appl. No. 3829 - FRED RENGANESCI and BARBARA REITER as Applicants for a Reversal of a Determination by Building Inspector to Grant Building Permit No. 17508-Z dated October 6, 1988 concerning a proposed "steel building for indoor storage of boats" to be located at premises referred to as "MATT-A-MAR," now or formerly owned by Wickham Road Marina, Inc. Zone District: Marine (M-II). {Previous Zone District: B-Light Business}. Application was filed citing the Page 6 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of March 9, 1989 prior Zoning Code, Article VI, Sections 100-60 and 100-61, and Article XIV. New Zoning Code citations refer to Sections 100-121 and 100-122, and Article XXVII for the same or similar provisions for this M-II Zone District. Property Location: West Side of Wickham Avenue, Mattituck, NY; County Tax Map District 1000, Section 114, Block 3, Lot 1. 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 the time allotted. For more information, please call 765-1809. Dated: February 9, 1989. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Copies to the following on or about February 17, 1989: Suffolk Times, Inc. L.I. Traveler-Watchman Town Clerk Bulletin Board (Main Lobby)ZBA Office Bulletin Board ZBA Board Members (with file copies) ZBA Individual Files Mr. Gary Williams, PO Box 1415, Southold, NY 11971 (for Howell) Ms. Susan A. Forbes, Box 802, Orient, NY 11957 Mr. Kenneth Hills, Mountain Home Builders, Inc. 24 South Court, Roslyn Heights, NY 11577, (for S. Hills) Mark Finne General Carpentry, 1370 Lighthouse Road, Southold, NY 11971 (for Rosemary Sullivan; for Rev. C. Bell) Mr. Thomas Thompson, 2890 Bridge Lane, Cutchogue, NY 11935 Page 7 - Notice of Hearings Southold Town Board of Appeals Regular Meeting - March 9, 1989 Copies to the following on or about 2/17/89 (continued): Rudolph H. Bruer, Esq., Main Road, Southold, NY 11971 (for R. Koke) Mr. and Mrs. Nick Nickolaus, 30 Buttonwood Drive, Dix Hills, NY 11746 Southold Pools, Inc., Box 539, Southold, NY 11971 (for Nickolaus) Karen J. Stretz, Esq., Wickham, Wickham & Bressler, P.C., Main Road, Box 1424, Mattituck, NY 11952 (for Schlumpf) Daniel C. Ross, Esq. or Eric J. Bressler, Esq., Wickham, Wickham and Bressler, P.C., Main Road, Box 1424, Mattituck 11952 (for Nine and Zahra) Mr. Raymond F. Nine, New Suffolk Avenue, Mattituck 11952 Ms. Pamela Nine, New Suffolk Avenue, Mattituck 11952 Mr. Charles Zahra, Box 1137, Mattituck, NY 11952 Mr. and Mrs. John DeReeder, New Suffolk Ave, Mattituck 11952 Harold and Ernest Wilsberg, Box 1429, Mattituck 11952 (as adjacent property owners) Daniel C. Ross, Esq., Wickham, Wickham & Bressler, P.C., Main Road, P.O. Box 1424, Mattituck,~NY 11952 (for Renganesci ~. and Reiter) in the Matter of Matt-A-Mar Permit #17508Z Wickham Road Marina, Inc. c/o Marr-A-Mar Marina P.O. Box 1235, Mattituck, NY 11952 Matt-A-Mar Marina, Box 1235, Mattituck, NY 11952 Mr. Victor Lessard, Principal Building Inspector James A. Schondebare, Town Attorney Robert H. Berntsson, Assistant Town Attorney FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL for permit to O~.~&. ,....~,..~ %. ,~.~t.,..~.... ,C~. c.. ~....~,{~ ~.. at Location of Property...'..- t.~..7~..~...o?:~.: 7...~_c~-~...~. (~.~...~g.. 5. ............. House No. Street Hamlet County Tax Map No. I000 Section .... .C??..0. .... Block ..... ~ ..a.. .... Lot . ..~. ~ ....... Subdivision ................. Filed Map No ................. Lot No. ' is returned herewith and disapproved on the following grounds. (~..~--~.. Building Inspector RV 1/80 BLDG. DF. PT. ,, 'TOWN OF SOU~HOLD Examined ................ ,19... FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TQWN HALL SOUTHOLD, N.Y. 11971 TEL.: 765-1802 1D OF HEALTH ............ 3 OF PLANS ............ SURVEY ..................... CHECK ...................... SEPTIC FORM ................ NOTIFY CALL ..................... MAIL TO: Approved ................ , 19... Permit No ............ Disapproved a/c ..................................... (Building Inspector) APPLICATION FOR BUILDING PERMIT Date ................... 1.9 . . . INSTRUCTIONS a. This application must be completely filled in by Wpewriter orin ink and submitted to the Building Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing 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 properW 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 shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE 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 Laws, Ordinances or Regulations, for the construction of buildings, a,d, ditions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housin~ code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. ... i ' (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. .............................. .).ta2 r__ .................................................... Name of owner of premises .~.g~.~ ~)_f. lt .~ ..... ~ ..... ..... t. £.{ ............................... (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. (Name and title of corporate officer) No. ~... ~).t~. eO.~'.t.t.t.t~. ..... Builder's License Plumber's License No...(~Q..a~. ~ I~ ......... Electrician's License No.. (~I.~.~.t~,D.<L C/~ ....... Other Trade's License No. ~,...~.~:~.3.~_,~t~ ~ .... 1. Location oflandon which proposed workwiIl be done.. House Number ,,b-)Z-["lO Street V'~% ri ~0 7,9 County Tax Map No. 1000 Section~,'/'OOO.-'~O~ .% ¢.i,%~'~..,Block ....O...~. .......... Lot....~..~--,~ .......... Subdivision ..................................... Filed Map No ............... Lot ............... (Name) 2. State existing use and occupancy of premises and intended nsc and occupancy of proposed construction: ....... 1.. : .................. 3. Nature of work (check which applicable): New Bui~ing' Addition .......... Alteration ......... Repair .............. Removal .............. Demolition .............. Other Work .............. 4. Estimate'd Cost ~/iQ. (~)0 (Description) (to be paid on filing this application) 5. If dwelling, number of dwelling units ....... ] ........ Numberofdwellingunitsoneachfloor ..J ....... If garage, number of cars ~ ' · · ·. 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use ............ m~enszons of existing structures if any' Front /. ~../ R ar ,/ ' · ............. e ..... ,~.~ ...... lde tIl .. . Height .... ~/~. ........ Number o[Stories.., t P ,,(O 'i ...... Dimensions of same structure with alterations or afidi}[o'~s: ~'r;~[ ...... ; ~ .......... t~;ir ...... 3 ~' ) ........ Depth ~ He .... c r ' ' .................. - ..... ...................... ~gat ..... g~....) .......... Number of ~ories ..... .~ ....... 'd .... 8. Dimensions of entire new construction: Front Heio. ht iQ'/ ..... · ..../ ........ Rear ...... Z~. ...... Depth o~0 .... ................ ~umoer ot ~tories I. ......... 9. Sizeof ot Front ~..].! ',~ ......... ,~')7 ............................. 10. Date of Purchase ..................... mear ....... ~./. ............ Depth .../~5...~/.f ........ '' ............................. Name of, Former Owner ......... . ......; ............. 11. Zone or use district in which premises are situated .... ' ~2. r':.t, cct.l.F'O¢.,~ L. ..... ~,~. c..T7 ......... Does proposed Construction violate any zoning law, ordinance or regulation: ............ 13. Will lot be regraded ...... ~.~ ................ Will excess fill be removed from pre~i;e's; ..... 14. Name of Owner of premises ..... Name of Architect ............... Address ................... Phone No ................ ........................... Address ................... Phone No ....... Name of Contractor ........ · ........ .................. Address ................... Phone No ............. ... IS.Is this property located vithin 300 feet of a tidal wetland.* *YES .... NO .... · If yes, Southold Town Trustees Permit may be required. PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and. indicate all set-back dimensions from property 1/nes. Give street and block number or description according to deed, and show street names and indicate whether interior or corner lot. STATE OF NEW YORK, COUNTY OF ................. S.S ................................................. being duly sworn, deposes and says that he is the applicant (Name of individual signiug contract) above named. Itc is the ........................................................ (C ffice .... ') ............................ ontractor, agent, corporate o r, etc. of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his kno~vledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this .... '.,;d~.', '.:,:.~:.: .~:'~4' "~. .... day of .... .~.~... ,.- .. 19 'j ~ ...... ~ .................. '.. County .. .......................... ~i~ P~B~te of ~ Y~ (Signature of applic~t) ~ ' ' ' ' t ' ~,., ~ Term ~pit~ch 30, 19~ APPEAL NO. DATE - b' Nam~of Appellont Street and Number ...... ....................................................... ^PP ,L TO Municipality THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... ( ) WHEREBY THE BUILDING INSPECTOR DENIED TO ...... ......... / NaT'r'r~e of Applicant for permit o, ......... ; Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ,~."~..4~....~.,d2....~...,~/.~...4~.....~../~ ................................ Street /Hamlet / Use District on Zoning Map Dl.s..t.r.!.c.~..10..0..0.. S.e..ctionD?oBlocko~Lot [:~ £ ..... ' Owner O~,~:~g/) Mop No. Lot No. Prior Owner / 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 ~ Section /o~ --~- ~z.z_ ~(~. 7 5~'~ )~o-?,) .3b/TYPE OF APPEAL Appeal is mode herewith for (please check appropriate box) (/~) A VARIANCE to the Zoning Ordir~ance or Zoning Map ( ) A VARIANCE due to lack o( access (State of New York Town Low Chop. 62 Cons. Lows Art. 16 Sec. 280A Subsection 3 () PREVIOUS APPEAL A previous appeal (has) ~been made with respect to this decision 4. of the Building Inspector or with respect to this property. Such appeal was ( ) request for o special permit ( ) request for a variance and wes made in Appeal No ................................. Doted ...................................................................... ( ) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that ,~'~r3~,,~TM~ 9~9r,,~( /~-~ ~C U&Cd ~S ~ ~ ZSl (Continue on other side) REASON FOR APPEAL Continued sary HARDSHIP because STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- vicinity of this property and in this use district because o~ ~,~' /--~ The hardship created is UNIQUE and is not shared by all properties alike in the immediate 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because ~:~O~/-Si~_.~ OF ~-,~ffc ua/l( ~ STATEOF NEWYORK ) ~ ~(,...~ ) ss . .~ ..................... COUNTY OF ~l,t~'F'oL~t) ~ ~ ~. Signat, ure ! LINDA J. COOPER Nota~ Public, State of New ¥or~ No. 4822563 Suffo k CountyC//) Term Exp res Decemt)er 31, 19_.Z_<J ~._.~.TOWN OF $OUTHOLD PROPERTY~ RECORD 'CARD OWNER ' . ' FORMER C~NER RES. ~, t sEAs. VL. STREET N FARM COMM. ~oo VILLAGE., % DISTRICT SUB. ' TYPE OF BUILDING IND. CB. MISC. LOT Est. Mkt. Value LAND IMP. TOTAL 'DATE REMARKS AGE BUILDING CONDITION NEW NOP, JVL~L BELOW ABOVE FRONTAGE ON WATER FRONTAGE ON ROAD Farm Acre Value Per Acre Tillable 1 Tillable 2 Tillable 3 Woodland Value Swampland Brushland ~ * Total House Plot : BULKHEAD DOCK ~tension , ~ Fire Place ~ ~ Heat ~, ~4~p ~ ~ ? = ~ /~O ~ Porch Roo~ 1st Flor Breezeway ~ Patio Rooms 2nd Flor Garage / ~ X~ Z ~ ~ Q ,~ / ~ O Driveway Dormer Page 3 - Appl. No. 3826 Matter of GLADYS W. HOWELL Decision Rendered March 16, 1989 9. The criteria for issuing use variances are several: (a) proof by dollars and cents that the land in question can't yield a reasonable return if used for purpose allowed in that zone; (b) plight is due to unique circumstances and not to general conditions in the neighborhood which may reflect unreasonableness of the zoning law itself; (c) use won't alter the essential character of the neighborhood. (See Otto v. Steinhilber, 282 N.Y. 71 (1939); Fayettville v. Jarrold, 53 N.Y. 2d 254 (1981); Douglaston Civic Association, Inc. v. Klein, 51 N.Y. 2d 963 (1980). The criteria for the issuance of a variance in this application has not been satisfied to that required by the Courts. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, that the relief requested in the Variance Application for GLADYS W. HOWELL under Appl. No. 3826, BE AND HEREBY IS DENIED WITHOUT PREJUDICE (for the reasons stated above.) Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and Dinizio. (Absent was: Member Sawicki (out of state) and Member Doyen (family bereavement). This resolution was duly adopted. lk GERARD P. GOEHRINGER, DEPARTMENT OF PLANNING COUNTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE ARTHUR H. KUNZ DIRECTOR OF PLANNING May 4, 1989 Mr. Gerard P. Goehringer, Chairman Town of Southold Zoning Board of Appeals Southold Town Hall - Main Road Southold, New York 11971 Re: Application of "Gladys W. Howell" (#3826), Town of Southold (SD-89-6) Dear Mr. Goehringer: Pursuant to the requirements of Sections A14-14 to 23 of the Suffolk County Administrative Code, the Suffolk County Planning Co~ission on May 3, 1989, reviewed the above captioned application and after due study and deliberation Resolved to disapprove it because of the following reasons: It constitutes the unwarranted overintensification of use of undersized premises; It constitutes an apparent infringement upon legislative powers exclusively delegated to the Town Board; Sufficient information has not been submitted to demonstrate compliance with applicable variance criteria; and, It would only tend to establish an undesirable precedent for the continuance of such a practice throughout the Town of Southold. GGN:mb Very truly yours, Arthur H. Kurtz Director of Planning Chief Planner VETERANS MEMORIAL HIGHWAY HAUPPAUGE, L.I., NEW YORK I ¶'TEE (516) 360-5192 APPEALS BOARD MEMBERS GERARD P, GOEHRINGER, CHAIRMAN CHARLES GRrGONtS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. Southold Town Board of Appeals MAIN ROAD- BTATE ROAD 25 50UTHOLD, L.I., N.Y. 11'::)71 TELEPHONE (516) 765-1809 Pursuant Board the to Article XIII of the Suffolk County xx Charter, the of Appeals of the Town of Southold, New York, hereby refers following to the Suffolk County Planning Commission: Variance from the Zoning Code, Article vzI, Section 100-71 Variance from Determination of SouthOld Town Building Inspector Special Exception, Article , Section Special Permit Appeal Location of Affected Land: 51470 Main County Tax Map Item No.: 1000-70-2-2 Within 500 feet of: Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) ×× No.: 3826 Applicant: Gladys W. Howell Southold, NY 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 Existing or Proposed Right-of Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Established Channel Lines, or Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. approval of COMMENTS: Applicant is requesting ~mX~ ~ existing accessory buildinq for dwellin~ use? accessory to the main dwelling structure Copies of Town file and related documents enclosed for your review. Dated: April~4, 1989 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWiCKI JAMES DINIZIO, JR. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 March 30, 1989 Mr. Gary Williams P.O. Box 1415 Southold, NY 11971 Re: Appl. No. 3826 - Gladys W. Howell (Variance){ Dear Mr. Williams: Transmitted herewith for your records is a copy of the Board's determination recently rendered in the above matter. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Enclosure Copy of Decision to: Office of the Building Inspectors Town Board Members Town Attorney's Office popd R ~8( HI) R-80 . SOUTHOLD ~,OI ICE 01; HEARINGS N(~TICE IS HEREBY e'~ GIVEN, pursuant to 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 THURSDAY, MARCH 9, 1989, ,~J~,the following times: 7:30 p.m. AppI. No. 3826~'''~'' GLADYS W. HOWELL. Vari- ance to the Zoning Ordinance, Article VII, Section 100-71 for approval of conversion of exist- ing accessory building for dwell- ing use, accessory to the main dwelling structure, in this Resi- dential-Office (RO) Zone Dis- trict. Location of Property: 51470 Main Road, Southold, NY; County Tax Map District 1000, Section 70, Block 2, Lot ~ 7:35 p.m. Appl. No. 3825~ SUSAN A. FORBES. Variance to the Zoning Ordinance, Arti- cle Ill, Section 100-31, and Arti- cle XXIV, Section 100-244 for approval of open deck addition with an insufficient front yard setback. Lot area of premises is nonconforming at approximate- ly 11,300 sq. ft. in this R-80 Zone District. 7:40 p.m. Appl. No. 33813-- SHELDON HILLS as Trustee for Bartemma Corp. Employees Profit Sharing Trust. Variances to the Zoning Ordinance, Arti- cle Ill, Section 100-32C and Column iii of the Bulk Sche- dule, for permission to reduce side yards to less than the re- quired 20 and 25 feet; and less than the total 45 feet for sideyards, on this 2+ acre va- cant parcel. Zone District: R-80. Location of Property: Private Right-of-Way referred to as Pri- vate Road #11 (a!so referred to as Aldrich Lane Extension), ex- tending off the north side of Sound Avenue, Mattituck, NY; County Tax Map District 1000, Section 112, Block 1, Lot 12; Southold town Planning Board Approved Set-Off Map March 4, 1985. 7:45 p.m. Appl. No. 3828-- ROSEMARY SULLIVAN. Variances to the Zoning Ordi- nance, Article III-A, Section 100-32A for permission to con- struct 10' by 14' addition (re- placing existing deck) with an insufficient rearyard setback and in excess of the maximum 20°70 lot coverage requirement. Zone District: R-40. Location of Property: 5365 Peconic Bay Voulevard, Laurel, NY; County Tax Map District 1000, Section 128 Block .1, Lot, II ..... .4~ COUNTY OF SUFFOLK STATE OF NEW YORK ss: Patricia Wood, being duly sworn, says that she is the Editor, of IHE LONG ISLAND TRAVELER-WAICHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for ..................... /. .... weeks successively, commencing on the ......... .'.'.~.~...~.. ...... day or.' ' ...... , Sworn to before me this ~'~ ~/'""/ day of Notary Public g^RBARA A. SCHN£1D£R I~,2TAR',' ?U~LIC, State o! New Yor~ f~o. 480~6 O,,a,ified in Suffolk C~/~ L~,;;~:iss~on Expires ~ mmuB~l~ illU&&~dm~ ~mou100-32Aforpetmission 8'15 nm A~o qn~l ..... 1~: B-Light' by the SOUTHOLD TOWN :~' Countyi'Tax Man District 10oo o_~. .,o... .wn t.aw,- : M-HZ~me D/nrict. PmpertyLoca. BOARD OF APPEALS at · Re[dar Seer/on 128, Blodt 1, Lot 11, Mee~/ng. at the Southold Town Hall. ~.. 7:50 p.m. APpL No. 3823 -- Mm Ro*d, S~o~d, NY 11~7i, on ' ' THOMAS THOMPSON. Variance to = THURSDAY, MARCH 9, 1989, at the Zoning Ordinance. A~cle ~ p.m. AppL No. GLADYS W. HOWBLL. Vafian~ m the Zouing O~dinance, An/c.~ VI~ Se~/ou 100-71 for app~val of ~w Yen/on of ex/sting a~ss~y Im/Id/~ for dwelling use, a~:essmy to th~ main dweB/mt stmc~, in this Res/- dtmlal-Office (RO) Zout Dis-tri~ Location of Pmpe~: 51470 Main Ro~d, Se~thold, NY; County Tax Map Dim/et 1000, Scrim 70, Bleak ~p.m. Appl. No. 3825 ~'"~' SUSAN A. FORBES. Va~mce to ~e Zoning Ordinance. Article III. Se~inn 100-31, and An/cle XXIV. Sealo~ 100-244 for ap~oval of open deck nmi-conform/rig at approx/mately 11,300 sq. /t. in this R-80 Zone Dhtd~ 7:40 p.m. AppL No. 33813 ~ SHELDON Hfl.l_~ as Trustee for Barter·ma Co~. Employees Profit Se~en 100-32, and Bulk Schedulc, · for apl~oval of exlsthg sw/mmlng- poo~ w/th deck areas wh~d~ w~l haw ! ~e exls~g dwelling, Zone D~sUict: Ag~mlmral-Couse~vaticm (A-C). Lo- C-utchogue, NY~ Lo~ #10 on Map of Ismar Ac~s (Approved Mar~ 13, 1973); County Tax Map District. 7:55 p.m, Appl, No. 3530 ~ REV, CHARLK~ BELL Variances ~ to the Z~mins Ordlnano-., Anlcle IH. :, ,: A, Section 100-32A, ana Bulk i Zone Diat~et: R-40. Location of Property: 1330 Donna D~ve, Ma~- tuck, NY~ Lot F32, Deep Hole C~ek gstatos: County Tax Map District I000. Se~ion 115, Block 15, Lot 15, 8:00 p,m. Appl, No, ~$14 --. ov~pdvalefight-of-~ayl~e~dtou Mattimck, NY; ~ty T~ Map S~ Ro~ ex~d~g f~ ~e ~ l~, S~ 114, BI~ 3, east aide of Westp~ Av~ue ~ 1. ~d). M~fi~, ~. ~e ~: ~ ' ~e ~ ~ A~ ~ ~ ~d R~. ~fi~ of ~: ~ ~1, ' ~e ~ phce h~ ~y ~d ~ ~. Map of Po~t ~ C~n~ T~ Map Dis~ct 1~. Se~ 113. h~h~of~o~emauen. B~ 9, ~ IZ 8:20 p.m. A~L No. 3785 ~ ~YMOND F. ~E. P~E~ ~ ~ CHILES ~A. ~ ~ ~ ~e ~e ~mted. For S~ ~m ~ ~e ~g Or- mo~ ~a~m, pl~= ~ 7~- ~, A~de ~-A, ~ I~- 18~. BYO~OF~ ~ ~, ~ ~m a h~, ~ ~ · ~0~ ~ BO~ mom ~ ~ ~s,' ~ ~j~c- ' ~ By ~ K~ ~e-f~y dw~g m~ ~ of ~: N~ Si~ ~New A~u~ Ma~m~, ~: ~y T~ Map District 1~. Se~ 114, BI~ 11, ~ 20. ~e ~ R- 8:~0 p.m. A~I. No, ~829 ~ ~ RENG~ ~D Sharing Trust. Varimces to the Zm~. RYCK KOKE. Variance to the Z~m. BARA REITER as Appllcants for a in~ Ordinn.ce, Artic~ ~ Sec~/~m /nE Ordinan4~ Article fit-A, Se~ion . ' Reversal of a Determination by 100-3~,, for approval of swlmm ,.g ' '. Building Inspecto~ to Grant Building 100-32C and Cohmn iii of the Bulk . peolwhhfencee~clom~einthe~de :- ' PennitNo. 17508-Z dated October 6. Schedule, for permission to reduce side yards to less ~han the ~.~W/~ed 20 . .y. ardat~. Zo~eD/sttint:R.40 Loch- ;, ..- .1988 ce~cemint · ~rooosed 8:10 P.m. Appl. No. 3824 -- . Read#Il (also ~'e~d to as Ald~c~ NICK ~ KATI~ N~CKOLAUS Lane Exteusio~), extending off the Vid ....... ~- '~--' ~' ' NY. . . Amcle HI. Sect/on I00-33 ~ e~"_;..__~, ~ T~ .Map .l~_ct vic~sly 100-32) for :m'misa~o~ ~o~ C '.The hardest-workin~ ., &~., ~ lo~ate .... · ~. - .So~oldro,~p~i~sno~,~A~ .~._~.._?,~.~i~.,~,~,~.~.!:,.].... Clo~fiedsoroln= . . ....~'~ ~. .-L APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICK[ JAMES DINIZIO, JR, Southold Town Board of Appeals MAIN RnAD- STATE ROAD 25 SnUTHDLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your recent application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the time allotted in the attached Legal Notice. Please feel free to call our office prior to the hearing date if you have any questions or wish to update your file. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN Southold Town Board of Appeals IVlAIN ROAD- STATE ROAD 25 SnUTHOLD, L.I., N.Y. ]'19'71 TELEPHONE (516) 765-1809 APPEALS BOARD March 9, 1989 MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. S.E.Q.R.A. SERGE DOYEN, JR. NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H. SAWICKI JAMES DINIZI0, JR. Notice of Determination of Non-Significance APPEAL NO.: 3826 PROJECT NAME: GLADYS W. ~OWELL 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 Southol~. This board determines the within project not to ha~e a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made f6r any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [ ] Type II ~] Unlisted [ ] DESCRIPTION OF ACTION: Approual of conversion of existing accessory building for dwelling use, accessory to the main dwelling structure LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more particularly known as: 51470 Main Road, $o~thold,_NY 1000-70-2-2 REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) This is an application concerning use of premises and is not directly related to new construction. FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowalski, Secretary, Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802. Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. mc 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 TELEPHONE (516) 765-1801 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Dated: February 6, 1989 Transmitted herewith is Zoning Appeal No. 3826 Gladys W. Howell · application of for a variance. Also included is: Notification to Adjacent Property Owners; Short Environmental Assessment Form letter relative to NYS Tidal Wetlands Land Use; Notice of Disapproval from the Building Department; survey of property; and any other attachments relative to this application. Judith T. Terry FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL for permit to c~.a. cJ~t. ,..Q-K~.....~... %..~..~..~.....o~.~. ~....~ ~.. at"~ Location of Property ~:'.q.?. .~...o-~.'.7...~..g ....... ~g~...~..- ........ House No. Street Hamlet County Tax Map No. 1000 Section .... .0..'~..0. .... Block ..... ~ ..~.. .... Eot . ..~. ~ ....... Subdivision ................. Filed Map No ................. Lot No. is returned herewith and disapproved on the following grounds. ~e~..-.~.'~...~e,~/.~./..~'0.'~.O · ~..~.? ~..~.. ~..~.~....~:.....~. ~..~. >~_,~ ~...~.. ~.~ ~.~.~.~...~...~.e.~:. .... !.'. ..................... ~..: ......... ...~ ......... , Building Inspector RV 1/80 . ,14-1B-~ (2/87~Text 12 PROJECT I.D. NUMBER 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) SEQR 1. APPLICANT/SPONSOR ~ 2. PROJECT NAME I 3. PROJECT LOCA'~ION: 4. PRECISE LOCATION (Street address an~ road intersections, prominent landmarks, etc., or provide ma~) 5. IS PROPOSED ACTION: [] New [] Exbansion J~ Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: 7. AMOUNT OF I~D AFFECTED: 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [] NO If NO, describe briefly 9. WH~' IS PRESENT LAND USE IN VICINITY OF PROJECT? ~ esidential [] Industrial ;,[] Commercial [] Agriculture r-~ Park/Forest/Open space [] Other Describe; 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes [] NO If yes, list agency(s) and permit/approvals 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [] No if ye~. list agency name and permit/approval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? [] Yes [] No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 (Continued on reverse side) The N.Y.S. Environmental Quality Review Act requires submission of this form, and an environmental review will be made by this board before any action is taken. SHORT ENVIRONMENTAL ASSESSMENT FORM 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 additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- 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) Environmental Assessment 1. Will project result in a large physical change to the project site or physically alter more than 10 acres of land? ~es~ NO 2. Will there be a major change to any unique or unusual land form on the site? Yes ~/No 3. Will project alter or have a large effect on an existing body of water? Yes ~/~o 4. Will project have a potentially large, impact on groundwater quality? ~Yes NO 5. Will project significantly effect drainage flow on adjacent sites? · Yes No 6. Will project affect any threatened or endangered / plant or animal species? Yes~No 7. Will project result in a major adverse effect on air quality? Yes No 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas ~//N known to be important to the community? Yes o 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical / envircamental area by a local agency? Yes VNo 10. Will project have a m~jor effect on existing or ~N future recreational opportunities? Yes o 11. Will project result in major traffic problems or cause a major effect to existing transportation systems? Yes NO 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? ~Yes _~No 13. Will project have any impact on public health or safety? 14. Will project affect the existinq community by directly causing a growth in permanent popula- tion of more than 5 percent over a one-year Yes ~No period or have a major negative effect on the charact~ of the community or neighborhood? 15. Is there public controversy concerning the project? ! Yes Representing: -~ ZBA 9/75 Date: 6 7 JOCKE DR. WEST BOWERY RO. CLEARVIEW AVE. -- Legend TO~ OF SOUTHOLD, NEW YORK ACTION OF THE ZO~H~G BOARD OF APPEALS AppealNo. 2726 Appl icatiOn Dated July 28, 1980 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Mr. and Mrs. Curtis A. Norklun 700 King Street Orient, NY 11957 ~' ....... DATE].0ZZ3Z8.0_ Appellant at a meeting of the Zoning Board of Appeals on 0 C t 0 b e was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance ~ X) Request for a variance to the Zoning Ordinance Ar t . I I I ( ) 16, 1980, Sections the appeal 100-30 and 100-32 granted ( ) be de.hied pursuant to Azticle .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be conf~rrn, cd beeau~ Public Hearing held 9/25/80: Application of Curtis anaNancy Norklun, 700 King Street, Orient, NY 11957, for a-Variance to the Zoning Ordinance, Article III, Sections 100-30 and 100-32 for permission to convert part of existing barn for guest house/residential use. Location of property: 700 King Street, Orient, NY; bounded north by King Street, west by Bogden, south by Willow Terrace Farms, Inc. and Brenner, east by Brenner; County Tax Map Item No. 1000- 26-2-37. (SEE REVERSE SIDE) 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because (SEE REVERSE SIDE) practical difficulties or (b) The hardship created (is) (is not) umique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because (SEE REVERSE SIDE) (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (SEE REVERSE SIDE) (would not) and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be cordirmed ( ) be reversed. ZONING BOARD OF APPEALS FORM ZB4 After investigation and personal inspection, the Board finds as follows: Appellants have appealed to this Board seeking a variance for permission to convert part of an existing barn (two-story section) into sleeping quarters for their parents because their parents are forced to sell their own properties. The premises in question is a parcel of land containing approximately 16,600 square feet in area, and existing on the premises are a two-story frame house, two small sheds at the southwest corner, shed at the rear of the premises, and garage/barn at the center of the premises. The Board finds that the buildings existing on the premises appear to have been constructed prior to zoning and cover very near to the maximum permitted 20% lot coverage. The Board finds and determines that the relief requested relation to the Code requirements is not substantial; that if the variance is granted no substantial detriment to adjoining properties will be created; that the interests of justice will be served by ~he granting of the relief requested; that no adverse effect is produced on available governmental facilities of any increased population; and that no substantial change will be produced in the character of the neighborhood. in On motion by Mr. Goehringer, seconded by Mr. Doyen, it was RESOLVED, that Curtis and Nancy Norklun, 700 King Street, Orient, NY be ~ranted a variance to the zoning ordinance, Article III, Sections 100-30 and 100-32 permitting applicants to convert the easterly two-story section of the subject barn for sleeping quarters as applied for, SUBJECT TO THE FOLLOWING CONDITIONS: (1) That the use of the area to be converted herein shall be only for their parents; and in the event same is no longer used by their parents that the barn will revert back to its present use as an accessory storage building. However, if ap- plicant wishes to continue using part the barn for sleeping quarters for persons other than their parents, applicants must re-apply to this Board by formal application for recon- sideration. (2) That not more than one bathroom is permitted to be installed in the subject barn. (3) That no kitchen facilities (including temporary and permanent cooking and plumbing) will be permitted. (4) That the proposed converted barn may never be rented or leased. (5) That the Building Inspector make annual inspections each year without prior notice. (6) That applicants must apply each year for annual renewal of the permission granted herein, not later than Sept- ember 15th of each year. Location of property: 700 King Street, Orient, NY; bounded north by King Street, west by Bogden, south by Willow Terrace Farms, Inc. and Brenner, east by Brenner. County Tax Map Item No. 1000-26-2-37. Vote of the Board: Ayes: Messrs. Dc Sawicki. Abstained were: Messrs. Grigoni APPROVED £hairmaf~ Board of App~al~ / (Chairman Pro Tem) ¢/ Ken, Ge:hring~r and T}LE SOUIHOLD TOWN CLERK Tow___~n Clerk, Town of Southo!d SOUTHOLO SCHOOL DISTRICT NO. 5 DR. WEST CUSTErc BOARD OF APPEALS, TOWN OF SOUTHOLD : In the Matter oT the Petition of : to the Board of Appeals of the Town of Southold : To: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersiRned to petition the Board of Appeals of the Town of Southold to request a~Special Exception)~ (Other) [circle choice] ). 2. That the property which is the subject of the Petition is located adjacent to your property,a0d is des- cribed as follows: .~C;',~'~.7 ,3.':-=~.e ,~T-/-'-/~7~ /LT,,~ ;~/ ~:'e~,o,,q ¢~r~u,'~--7~' /9. cJ_ 3. That the property which is the subject of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: I $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signedare Article ~'1/ 3 ~ ~t~_oT1 teo---T$ ) [ ] ~0-~_~Y~k Tn~for~r~~~.~~; 6. Tha~ within five days from ~he dale hereof, a wrkten Petition requestinB the relief s~cified above wil~ be filed in ~he Sou[hold Town Clerk's Office a[ Main Road, Sou~hold, New York and you may ~hen and ~here examine ~he same during regular office hours. (516) 76~1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated Petitioneij Owners' Names:.~-~ IC~L~-~ Post Office Address ~ [Copy of sketch or plan showing proposal to be attached for convenience purposes.] NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRE._~5_~ p els RECEIPT FOR CERTIFIED MAIL No INSURANCE COVERAGE PROVIDED NOT FOR ~NTERNATIONAL MAiL (See Reverse) STATE OF NEW YORK ) COUNTY OFSUFFOLK) SS.; being duly sworn, deposes and says that on the __ day of ,19 -~1-~, 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 o.f the Town of Soulhold; that said Notices were mailed at the United States Post Of* rice at ,~LLJ~ L~ ; that said Notices were mailed to each of said persons by ~'~(~~egistered) mail. Sworn to before me this day of ~, 19 ~tary / Public UNDA J- ~OPER N~ ~blic, S~te ~ N~ Y~ .o. s ak Term ~ir~ ~m~r 31, 1~ (This side does not have to be completed on form transmitted to adjoining property owners.) BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of to the Board of Appeals of the Town of Southold TO: /'~' NO CE TO~ ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That~_____.~ ~it is the intention of the undersiened to oetition the Board of Appeals of the Town of Southold to request ~, (Special Exception)~) (Other) [¢±r¢3.e cho±¢e] ). 2. That the property which is the subject of the Petition is located adjacent to your property and J~,es- cribedasfollows: ~ ,/~-/'-/-7('3 .'~,.,q;,v ~o~9, J'~t~,~ /~/, ]%/ 3. That the property which is the subject of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: $. That the provisi~.gns of~e Southold Town Zoning Code applicable to the relief sought by the under- signed are Article ~..LL~ ~ ~ Section i~o--2) '~ f~o-~%c~: [ ] -Sec~mi~o~2RO-A~_Ne~ Y~or~k---Town-kaw for approvat of access over right(s)-~rf-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. (53.6) 765-3.809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Petitioner ~wne~s' Names: Pos[ ~ffice Address Tel. No. [Copy of sketch or plan showing proposal to be attached for convenience purposes.] NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS p 012 6t2 064 (See Reverse) STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: I ,,~,,~L~ I e~ . '/t.t~. _ . being duly sworn, deposes and says that on the ~ day of ~e~ · , 19 ~'q , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the ahtove-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 ~"~ ~ O.4e~ ; that said Notices were mailed to each of said persons by ~.~er~(re~istered) n~ai,. / Sworn to before me this L~ Notary Public UNDA J. COOPER Notery Public, State of New Yo~k No. 4822563, Suffolk Cou ~nt~) Term Expires December 31, 19 (This side does not have to be completed on form transmitted to adjoining property owners.) :1 I? BI .~o ,-,'TH ELE V,qTl-o ~ ~ ~ed~om L~F'T.