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HomeMy WebLinkAbout3709Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHDLD, L.I., N.Y. 11g'71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS App]- NO. 3709-5E Application Dated TO: Charles R. Cuddy, Esq. as Attorney for MR. 180 Old Country Road P.O. Box 1547 Riverhead, NY 11901 February l, 1988 AND MRS. EDWARD HANUS [Appellant(s)] At a Meeting of the the above on your Zoning Board of Appeals held on May 12, ]988, appeal was considered, and the action indicated below was taken [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [×] Request for Special Exception under the Zoning Ordinance Article III , Section 100-30(B)[15] [ ] Request for Variance to the Zoning Ordinance Article , Section [ ] Request for Application of EDWARD AND ORTRUD HANUS for a Special Exception to the Zoning Ordinance, to establish one new Accessory Apartment in the existing dwelling structure in accordance with the requirements of Article III, Section lO0-30(B), subsection 15. Location of Property: 635 Lupton's Point Road, Mattituck, NY; County Tax Map District lO00, Section 115, Block 11, Lot 3. WHEREAS, public hearings were held on February 18, 1988 and April 14, 1988, in the Matter of the Application of EDWARD AND ORTRUD HANUS under Appl. No. 3709; 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 Special Exception to the Zoning Ordinance, Article III, for permission to establish an "Accessory Apartment" in an existing principal single-family dwelling and in accordance with all the requirements of Section lO0-30(B), subsection 15 thereof. 2. The premises in question is located in the "A" Residential and Agricultural Zoning District, containing a lot area of approxi- mately one-half acre with 100.0 ft. frontage along the north side of a private right-of-way known and referred to as Lupton's Point Road, Mattituck. 3. The subject premises is identified on the Suffolk County Tax Maps as District 1000, Section 115, Block ll, Lot 3, and is improved with a two-story, single-family dwelling structure set (CONTINUED ON PAGE TWO) DATED: May 12, 1988. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN OF APPEALS ZONING BOARD Page 2 Appl. No. 3709-SE Matter of EDWARD AND ORTRUD HANUS Decision Rendered May 12, 1988 back approximately 84 feet from the right-of-way as more particularly shown on survey dated February ll, 1969, prepared by VanTuyl & Son. 4. It appears from the information furnished and from the Town assessment records the existing dwelling contains a livable floor area of approximately 2500 sq. ft. Seven-Hundred- Ninety (790) sq. ft. is proposed for the Accessory Apartment and the remaining square footage will be retained for the principal dwelling unit. 5. Parking plans have been submitted in behalf of the applicant for additional parking within and along the driveway area. It is noted that there is an existing one-car garage which is permitted to be used as one parking space. The Bulk and Parking Schedule of the Code requires two spaces for the principal dwelling use, which exists at the present time. The Accessory Apartment will be required to have two parking spaces. The total number of parking spaces for the principal dwelling and accessory apartment is four: three spaces plus the garage space. In considering this application, the Board finds and determines that: (a) the use requested will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts; (b) the use will not adversely affect the safety, welfare, comfort, convenience, or order of the town; (c) the use is in harmony with and will promote the general purposes and intent of zoning. The Board has also considered subsections [a] through [1] of Article XII, Section 100-121(C)[2] of the Zoning Code. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Doyen, it was RESOLVED, that a Special Exception for an "Accessory Apartment" as provided in Article III, Section 100-30(B)[15] of the Zoning Code, as applied in the Matter of the Applica- tion of EDWARD AND ORTRUD HANUS under Appl. No. 3709, BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. Compliance with Subsections (a) through (q) of the Zoning Code; 2. Three on-site parking spaces, in addition to the garage which will be used as a fourth parking space. 3. No backing out onto the private right-of-way. 4. Accessory apartment not exceed 790 sq. ft., as applied. Vote of the Board: Ayes: Messrs. and Doyen. (Members Grigonis and Sawicki resolution was duly adopted. Goehringer, Douglass, were absent.) This lk RECEIVED AND FILED BY THE SOUTHOLD TOWN Cr.F. RK DATE 0/:z/¢¢ HOUR Town Clerk, Town of Southold NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant To Section 267 of the Town Law and The Code of the Town of Southold, the following hearings will be held by the SOUT~OLD TOWN BOARD OF APPEALS at a Regular Meeting at the Southold Town Hall, Main Road, Sou~hold, New York, on THURSDAY, APRIL 14, 1988 at the follow- ing times: 7:30 p.m. Appl. No. 3719 - SOUTHO[D SAVINGS BANK. Variance to the Zoning Ordinance, Article VI, Section 60(C)[2](a) for permission to erect an oh:premises building identification sign, the lower edge of which will be less than four feet above ground. Location of Property: 1400 Railroad (Youngs) Avenue, Southold, NY~ County Tax Map Parcel N~s. 1000-60-2-10.4 (prev. 10.2 & 10.3). 7:35 p.m. Appl. No. 3716 ROBERT E. NALDRON, JR. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to construct deck addition at rear of existing dwelling which is less than 75 feet from the mean highwater mark along dredged canal at James Creek, Mattituck. Location of Property: 2980 Ole Jule Lane, Mattituck, NY; County Tax Map Parcel No. 1C00-t22-~-17. ?:40 p.m. Appl. No. 3575 ROSA J. HODGSON. Variances to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of the insufficient area and width of parcel to be set-off in this pending division of land. Location of Property: North Side of Pine Neck Road, Southold, NY; County Tax Map Parcel No. 1000-70-6-33. Containing 7.152 acres total. 7:50 p.m. Appl. No. 3707 JOSEPH F. CITARDI. Variances to the Zoning Ordinance, Articles: (a) XI, Section 100-119.2 as to insufficient setback from bank or ~luff along the Long Island Sound, and (b) III, Section 100-31, Bulk Schedule, as to Insufficient frontyard setback From the front [southerly] p~operty line along C.R. 48, in this proposal to construct new single-family dwelling. Location of Property: 56225 C.R. 48, Greenport, NY; County Tax Map Parcel No. 1000-44-01-22. Page 2 - Notice of Hearings Regular Meeting April 14, 1988 Southold Town Board of Appeals /~ 8:05 p.m. Appl. ~o, 3709 EDWARD A. HANUS. (Recessed from February 18, 1988 as agreed). Special Exception for approval of Accessory Apartment within existing dwelling in accordance with the requirements of Article III, Section _MlOO-30B(15).Location of ?roper~y: 635 Lupton Roads Point attituck, NY; County Tax Map Parcel No. 1000-115-tl-3. ~ 8:15 p.m. Appl. No. 3715 BERNARD KIERNAN. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to construc~ additions co dwelling and accessory structure(s) within 75 feet of the ordinary highwater mark along Southold Bay. Location of Property: 1605 North Parish Drive, Southold, NY; County Tax MaD Parcel No. 1000-71-1-15. 8:20 p.m. Appl. No. 3722 MANFRED KUERNER. Variances to the Zoning Ordinance, Article XI, Section 100-119.2 and Article III, Section 100-31, for permission to extend garage an additional two feet from that previously granted under Appl. No. 3706 and to construct additional living area at rear of dwelling with reduction 6f nonconforming sideyard at the north and south sides, insufficient total sideyards, excessive lo~ coverage, and within 75 feet of bulkhead along highwater of "Old Cove~' [a/k/a Arshamomaque Pond]. Location of Property: East Side of Carole Road, Southold, NY~ County Tax Map Parcel No. 1000~52-2-3. 8:30 p.m. Appl. No. 3687 JON C. KERBS. lRecessed from March 17, 1988). Interpretation and, if necessary, Variance under Article XI, Section 100-119.2 of the Zoning Code, for permission to locate building pursuant to DEC Permit #10-86-0092 and Trustees Wetland Permit #373° Location of Property: East Side of Nar'row River Road, OrienT; County Tax Map Parcel No. 1000-27-2-5. 8:45 P.m. TARTA~ OIL CORP.: (a) Appl: No. 2633 Special Exception under Article VII, Section 100-70(B) of the Zoning Code for approval of the establishment of a partial self-service gasoline station; and (b) Appl. No. 2636 Variance under Articles VI, Section 100-62(B), VII, Section lO0-70[B) for an Interpreta- tion of "retail shopping center" and for permission to establish convenience store as an accessory to the existing gasoline-service station. Page 3 - Notice of HearinGs Regular Meeting April l~, 1988 Southold Town Board of Appeals Location of Property: South Side of Main Road, West Side of Marratooka Lane, and the East Side of Sunset Avenue, Matti- tuck, NY; 1000-115-3-9. Zone: "B¢I" General Business. 8:50 p.m. Appl. No. 3703 - JOHN AND EVELYN KEATING. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to construct new dwelling and garage with an insufficient setback from top of bluff or bank along the Long Island. Location of Property: 19995 Soundview Avenue, Southold, N¥~ County Tax Map Parcel No. 1000-51-04-006. 9:00 p.m. Appl. No. 3710 - THE COVE AT SOUTHOLD~ INC. (Continued from March 17, 1988). The Board of Appeals will hear at said time and place any and all representatives or persons desiring to be heard in each of the above matters. Each hearing will not start before the time allotted. Written comments may be submitted prior to the conclusion of the subject hearing. For more information~ please call 765-1809. Dated: April l, 1988. BY ORDER OF-THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CNAIRMAN Linda Kowalski, Board Secretary NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting at the Southold Town Hall, Main Road, Southold, New York, on THURSDAY, FEBRUARY 18, 1988 at the following times: 7:30 p.m. Appl. No. 3702 - OLGA CORDES. Variances the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of the proposed insufficient area and width of two parcels in this pending division of lane located at the south side of Sterling Road (Nassau Farms), Cutchogue, NY; County Tax Map District 1000, Section 104, Block 4, Lots I7 and 18. to ~7:35 p.m. Appl. No. 3709 - EDWARD AND ORTRUD HANUS. Special Exception to the Zoning Ordinance, to establish one new Accessory Apartment in the existing dwelling structure in accordance with the requirements of Article III, Section lO0-30(B), subsection 15. Location of Property: 635 Luoton's Point Road, Mattituck, NY~ County Tax Map District 1000, Section llS, Block II, Lot 3. 7:40 P.m. App1. No. 3699 EDWARD AND BARBARA BETSCH. Variances to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permission to construct addition[s) to dwelling with an insufficient westerly sideyard setback and insufficient total sideyards. Location of Property: North Side of Rabbit Lane, East Marion, NY; County Tax Map Parcel No. 1000-31-17-15. 7:45 p.m. Appl. No. 3607 - JAMES O'NEILL and PETER McSHERRY. Variances to the Zoning Ordinance, Article III, Section lO0-31, Bulk Schedule, for approval of insufficient area, width and depth of two proposed parcels, each with an existing dwelling, located at the corner of the N/s Wiggins Street and the W/s Eighth Street, Greenport, NY; Map of S. Buel Corwin (1885) Lots 28 and 29~ County Tax Map District 1000, Section 48, Block 1, Lot 22. Page 2 Notice of Hearings Regular Meeting February 18, Southold Town Board of Appeals 1 987 7:55 a.m. TARTAN OIL CORP.: (a) Appl. No. 3633 - Special Exception unQer Article VII, Sectior lO0-70(B) of the Zoning Code for approval of the establishment of a ]ar~ial self-service g~soline station~ anQ (b) Appl. No. 3636 Variance to the Zoning Ordinance, Articles VI, Section 100=62(B), Article VII, Section iO0-70(B), for an Interpretation of 'retail shopping center" and for permis- sion co establish convenience s~ore as an accessory to the existin§ gasoline-service station. Location of Property: South Side of Main Road, West Side of Marratooka Lane, and East Side of Sunset Avenue, MattitucK, NY; County Tax Map District lOOQ, Section i15, Block 3, Lot 9o Zone District: "B-1~ General Business. 8:05 p.m. ADD1. NO. 370l - CHARLES ZAHRA. Application under Article XIV, Section i42 of the ZoniNg Code for a Reversal of Determination of Building Inspector in his Revocation of Building Permit ~15428Z issued October 27, 1986~ Location of Property: 140 Pike Street, Mattituck, NY~ County Tax qaQ District 1000, Section 141, Block 4~ Lot 5. Zone District: "B-I' General Business. The Board of Appeals will hear at said time ana place all persons or representatives desiring to be heard in each of the above matters. Each hearing wilt not start before the time allotted. Written comments may be submitted prior to the con- clusion of the subject hearing. For more information, please call 765-1809. Dated: February 2, 1988. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalski~ Board Secretary Copies to the following 2/3/88 by mail: Mr. William B. Peters, 1600 Pine Tree Road, Cu%chogue~ NY 11935 (Re: Cordes) Mr. and Mrs. Edward A. Hanus, 635 Lupton's Point Road~ Mattituck 11952 Lynn Theresa Cahalan, Esq., 12 First St., Box 1330~ Riverhead~ NY llgO! As Attorney for Mr~ and Mrs. Edward Betsch William D. Moore, Esq., Main Road, Clause Commons~ Mattituck, NY 11952 As Attorney for McSherry & O~Neill As Attorney for Tartan Oil Corpo Eric J. Bressler, Esq., Box 1&24, Main Road, Mattituck~ NY 11952 As Attorne~ for Charles Zahra Other: Suffolk Times, Inc. L.I. Traveler-Watchman, Inc. ZBA Members Individual Files Town Bulletin Boards TOWN OF SOUTHOLD, NEW YORK ACCESSORY APARTMENT APPLICAT-~ON FOR SPECIAL EXCEPTION FEB 0I 1985 TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK: .... House No. And Streel~ - ' ' (Hamlet, State, Zip Co'de) hereby apply ~o THE ZONING BOARD~ APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE, ARTICLE ~ , SECTION J~O~Og , SUBSECTION /~ for the below-described property for the following uses and purposes: as shown on the attached plan drawn co scale. A. Statement of Ownership. and InteresT. 2~J~$ , ~F~r~, /~ -i~ (~re) the~wner(s) of property known and referred to'as ~..4' ~/~H[~ m~:r~eee t ou e 'mo., Stre t, Hamlet) identified on the Suffolk County Tax Maps as District 1000, Section ~=~, Block il , Lot ~ , which is (~) on a subdivision ma? (Filed ~p of Filed M~ -~. The above-described property was acquired Dy the owner on B. The applicant alleges that the approval of this exception would be in narmony with the intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefor in said ordinance and would not be detrimental~to property or persons in the neighborhood for the following reasons: C. 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 thi§ application shall be leased for year-round occupancy, evidenced by a written lease for a term of one or more years, which will be filed annually. 3. The existing one-family dwelling shall contain not less than sixteen-hundred (1,600) sq. ft. of livable floor area. (continued on page two) Application fo.r Special Exception Page Two (~o~i ~ue~) 4. The accessory apartment shall contain not less than four-hundred fifty (450) square feet of livable floor area. 5. The accessory apartment shall not exceed forty (40%) percent of livable floor area of the existing dwelling unit. 6. A minimum of three off-street (on-site) parking spaces shall be provided as shown on the attached plan. 7. Not more than one (l) accessory apartment will be on this'~arcel~. 8. The accessory apartment will meet the requirements of a dwelling unit as defined in Section 100-13 of the Zoning Code. 9. The exterior entry to the accessory apartment has not changed the existing exterior appearance of a one-family dwelling. 10. All exterior alterations to the existing building, except for access to the apartment, is made on the existing foundation as shown on the attached plans. ll. I understand that the Certificate of Occupancy will terminate upon the transfer of title or upon the owner ceasing to occupy one of the dwelling units as the owner's principal residence; and that in the event of the owner's demise, the occupant of the accessory apartment may continue in occupancy until a new owner shall occupy the balance of the dwelling or one (I) year from date of said demise~ whichever shall first occur. 12. This conversion shall be subject to inspection of the Building inspector and Renewal of Certificate of Occupancy annually. 13. The existing building which is converted to permit this accessory apartment has been in existence and has a valid Certificate of Occupancy issued prior to January 1, 1984~ and attached hereto. 14. The existing building, together with this accessory apartment, shall comply with al! other requirements of Chapter 100 of the Town Code of the Town of Southold. 15. This conversion for the accessory apartment shall comply with all other rules and regulations of the New York State Construction Code and other applicable codes. COUNTY OF SUFFOLK)' STATE OF NEW YORK) ss.: The property which is the Subject of this application is zoned~s~=~ __and [ ] has not changed since the issuance of the Certificate of Occupancy attached. [~ has changed or received additional building permits, and Certificates of Occupancy for these changes are attached or will be furnished. (Signature} - - Sworn to before me this~-~ day of ~ ~ (Notary Public) ~ Z~5 2/6/86 TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET VI LLAGE FORMER OWNER VL, TOTAL DISTRICT ACREAGE TYPE OF BUILDING FARM 1 COMM, IND. CB, DATE t REMARKS ()~f -~'/~-u ?,.., ( ~ 9z'? (//',, ,~ /', RES. ,,~ / ~ SEAS, LAND IMP. LOT MISC. AGE Farm Tillable 1 Tillable 2 ~N O~RMAL Acre Tillable 3 Woodland Swampland BUILD1NG CONDITION, ~ BELOW /,2'~ ABOVE Value Per Acre Value Brushland~..., ~ House Plc,~ Total M. Bldg. Extension Extension Extension Breezewa Garage~'/' Basement Ext. Walls Interior Finish Fire Place Heat Driveway Bath Floors N, ?aP 4.7'1 WAC ' 1 I I E DV,,/A f.E D kA AP" OF LAND~ ~UI~VEY~D FOI~, t AT WA',' __z~ DEPARTMENT OF PLANNING COUNTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE 360-5206 June 9, 1988 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) which have been referred to the Suffolk County Planning Conmission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) ~Mr. & Mrs. Edward Hanus Municipal File Number(s) 3709 Very truly yours, Lee E. Koppelman Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner VETERANS MEMORIAL HIGHWAY HAUPPAUGE, L.I., NEW YORK 11788 Southold Town Board of Appeals MAIN ROAD- ~;TATE ROAD 25 SOUTHOLD, l.l., N.Y. 11971 TELEPHONE {516) 7G5 1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH PI. SAWICKI Pursuant to Article XlII of the Suffolk County Charter, Board of Appeals of the Town of Southold, New York, hereby the following to the Suffolk County Planning Commission: Variance from the Zoning Code, Article , Section the refers __ Variance from Determination of South~d Town Building Inspector Special Exception, Article I!I, Section 10.E-3O(~5~(~15) Special Permit Appeal No.: 370F Applicant: Mr? and Mrs., Edward Hanus, Location of Affected Land: 635 Lupton~ ?otnt ~d~ ~atti~uck, ~¥ County Tax Map Item No.: 1000- 115~,11~3 Within 500 feet of: Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Boundary of Existing or Other Recreation Area Proposed County, Proposed County, State or Federally Owned Land State or Federal Park or or Existing or Proposed Right-of Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Established Channel Lines, Within One Mile of a Nuclear Power Plant __ Within One Mile of An A~rport. COMMENTS: Applicant is requesting permission to establish one Accessory A~artment in the existing dwelling structure Copies of Town file and related documents enclosed for your review. Dated: June 7, 1988 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. ll~'T1 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI June 2, 1988 Charles R. Cuddy, Esq. 180 Old Country Road P.O. Box 1547 Riverhead, NY ll901 Re: Appl. No. 3709-SE Dear Mr. Cuddy: Edward and Ortrud Hanus Transmitted herewith for your file and perusal is a copy of the official findings and determination recently rendered by the Board ~f Appeals, the original of which has this date been filed with the Office of the Town Clerk. Please be sure to issuance of any permits be applicable. return to the Building Department for or other approvals in writing as may Please do not hesitate to call either our office (765-1809) or that of the Building Inspector (765-1802) if you have any questions. ' Yours very truly, GERARD p. GOEHRINGER CHAIRMAN Enclosure . Copy of Decision to: ~?c~:~c) ~~-c Building Department By Linda Kowalski Suffolk County Planning Commission Mr. and Mrs. Edward A. Hanus Board of Appeals Town of $outhold Town Hall, Southo!d, N.Y., 11971 BOx 965, Dap%Oh'S Point llattituck, N.Y., 11952 February 14, 1988 Dear Sirs ! In the matter of the petition of Edward Hanus for a special exception to be ~fen%ed for e~aCcessory apartment to his single f.m~ly dwelling , we wish to in~ite the attentioa of the Board to the following facts.-- LuFton's Point is a private road of single family homes · Of the eighteemproperty owners living here, only eight are in residence at this time. The r~ma4uder are away for their a~aual winter holiday. Several absent ~t i~terested residente have requested us to ask for a postp~aement of this hearing. Since there is mo active Lupton's Point Association , no one persol is authorized to speak for all concermed. This is not a "new apartment". It has been rented for several years. We appreciate your cooperation in this matter, since it is most important that all concermed should have the opportunity to express their points o~f view. Bi. rely yours, TRANSCRIPT~OF HEARING SOUTHOLD TOWN BOARD OF APPEALS REGULAR MEETING OF THURSDAY, APRIL i4, 1988 Appl.-No, 3709 Applicant(s): EDWARD A. HANUS Location of Property: 635 Lupton County Tax_Map ID No. 1000-115 -ll Point Road, Mattituck, NY 3 Board-Members ~resent were: Chairman Goehringer P. Goehringer, Members Serge Doyen, Charles Grigonis, Robert J. Douglass and Joseph H. Sawicki. Absent was: Victor Lessard (Building Dept.). Also present were Linda Kowalski, Board Secretary, and 25 persons at the beginning of the meeting. The Chairman opened the hearing at 8:20 o'clock p.m. and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: We have ~ recessed hearing from the February 18, 1988 meeting. And it's concerning an accessory apartment in Mattituck at Lupton's Point. The applicant's name is Edward A. Hanus and I'll ask Mr. Cuddy if he would like to present the case. CHARLES R. CUDDY, ESQ.: Charles Cuddy. I appear in behalf of Mr. and Mrs. Hanus. As the Chairman indicated they own a single-family dwelling on Lupton Point Road, and they would like to put in that single-family dwelling an accessory apartment. As the application indicates, they meet basically all of the requirements of the ordinance, and I would ask the Chairman if you have the "Certificate of Occupancy" in your file for the house. CHAIRMAN GOEHRINGER: Yes. MR. CUDDY: So it's a part of the record. Their house is in excess of 2,000 sq. ft. The apartment would be approximately 650 feet and thereby would meet the 40% limitation of the ordinance. Mr. and Mrs. Hanus, of course, will remain at the house since it's their home and it's a requirement under the ordinance. There has been some concern expressed as to parking, and I'll get to that in just a minute. I think we have some plans here that we can show the Board. But there is a tenant who has expressed an interest in the house who rented the home for a year subject to the approval of this application, and I would offer up a letter from that tenant. (Letter submitted dated April 12, 1988 from Janet Gibret concerning a one-year lease of the apartment.) CHAIRMAN: Thank you, sir. Page 2 - Transcript of Hearing Matter of EDWARD A. ~ANUS #3709 Regular Meeting April 14, 1988 MR. CUDDY: Members of the Board, I have with me two alternate plans, which I'll offer up in just a second, for parking for three vehicles. Before doing that, I would like to say that this is a relatively narrow right-of-way-type road. All of the people that live on this road essentially have their driveways close to the road, but one of the exceptions is Mr. Hanus has an 80-ft. long driveway that's relatively wide and has parked some of his cars in that particular spot. The Hanuses understand that they have to have three additional spaces. They would like to have them in a certain configuration and I would offer these up to the Board to show you their property. This is Number One. Number One would show three spaces coming off the right-of-way. Number Two would show three spaces coming off the driveway. One of the problems with the second approach is that there's a tree, a big tree that would come down as a result of that. One of the reasons for the first approach all of the parking in the neighborhood is That is, the people park relatively close is that basically essentially similar. to that right-of-way. And I would offer a series of pictures and ask that they be made part of the record, just to show additional driveways in the neighborhood, and also it shows the Hanus driveway so you can see its length and depth. CHAIRMAN: Thank you. MR. CUDDY: I would ask the Board based upon the application that's been submitted and based upon the information sub- mitted tonight, together with the pictures and the exhibits, to grant approval to the Apartment Accessory Use. If you have any questions, Mr. Hanus is here. Mrs. Hanus is here. We would be delighted to respond. CHAIRMAN: In dealing with the application, it appears that it's fairly self-explanatory, so I don't have any immediate questions so we'll see what happens during the hearing. We thank you, sir. Would anybody else like to speak in favor of the application? (No one) Anyone like to speak against the application? Page 3 - Transcript of Hearing Matter of EDWARD A. HANUS #3709 Regular Meeting April 14, 1988 MR. JACK DROBET: I'm Mr. Drobet and I'm a property owner on the east side of Mr. Hanus. And I don't choose to speak for it or against it really. I'm not against the apartment. But I'm concerned about access to our property. As he says, stated the driveway is very narrow, the road itself is only ten feet, Mr. Hanus has used the other Sen feet, which as you can see on the map, this exhibit that you mailed us--he's been using that as his parking area. And the tenant he has in there right now has parallel parking in there--he has the one, two, three, proposed--they're all in the parking plan that he has outlined here. It's now parallel to the road, and actually jets out into the right-of-way. Practically taking up the ten feet that's in the white area there. So that's the only thing I object to, is that he has adequate parking and parking]off the right-of-way. CHAIRMAN: Thank you, sir. Anybody else like to speak against this application, or comment on the application? Anything further, Mr. Cuddy? (Negative) Hearing no further questions, I'll make a motion closing the hearing and reserving decision until later. MEMBER GRIGONIS: Second. CHAIRMAN: Thank you very much for coming in. Vote of the Board: Ayes: All. Respectfully submitted, Linda F. Kowalski, Secretary Southold Town Board of Appeals April /~ , 1988 Mr. Edward Hanus 635 Lupton Point Road Mattituck, NY 11952 Dear Mr. Hanus: This is to confirm my advise that I am willing to enter into, a one year lease to lease from you the apartment at your home at Lupton Point Road, Mattituck, New York, subject to your securing approval for use of the apartment from the Southold Town Zoning Board of Appeals. Very truly yours, ~'AY' WAy ~,v A Y : .N. ?8'4-TI0"E. / MAP OF LAND I SU~VF. YI~D FOg. EDWAIT...D A. ~ OI:?..T~UD MATT ITU g,[,~: TOV~/N OF' ~ice,sed APPEALS BOARD MEMBERS Gerard R Geehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 1994 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Mr. and Mrs. Edward Hanus Lupton's Point (#635) Mattituck, NY 11952 Re: Appl. No. 3709 - Accessory Apartment Dear Mr. and Mrs. Hanus: You will recall in May 1988 that a Special Exception for an Accessory Apartment in your home was approved with conditions. We are writing to remind and to request each applicant that an annual renewal is required for the apartment. For your convenience, we enclose the Building Department's form for your signature in order that an annual inspection may be made for issuance of a Certificate of Compliance. Please return this form with the $25.00 renewal fee and copy of the written lease (if any) in effect at this time to the Building Department. These may be mailedor returned in person. Once an inspection has been made and passed, the Town would then be in a position to issue a Certificate for the actual occupancy of the Accessory Apartment area. <If, however, you do not wish to have the Accessory Apartment, please confirm this at the bottom of this letter and the approval will be removed permanently from Town records.> Should you have any questions, please call Linda in our office or Georgia in the Building Inspector's Office at 765-1802. lk Enclosures cc: Building Department OWNER'S COMMENTS: Very truly yours, GERARD P. GOEHRINGER CHAIRMAN Signed: CONSENT TO INSPECTION Edward A. Hanus , the undersigned, Ox~rner (s) Name(s) do(es) hereby state: That the undersigned (is) (are) the owner(s) of the premises in the Town ofSoutholdlocatedat 635 Lupton's Point Rnad Mattituck~ NY 11952 : · xvhich is shoxvn and designated on the Suffolk County tax map as District 1000, Section 115 , Block 11 , Lot 3 .. That the undersigned (has) (h~v~) filed, or caused to be filed, :an applica- tion in the Southold Town Building Inspector's Office for the followihg: Occupancy of Accessory Apartment in Exis~%ng One-Famii~ Dwellin,q (ZBA Application #3709-SE) That the undersigned do(es) hereby give consent to the Building Inspectors of the Town of Southold to enter upon the above deseribed property, including any and all buildings located thereon, to conduct such inspections as they may deem necessary with respect to the aforesaid application, including inspections to determine that said premises comply with all of the laws, ordinances, rules and regulations of the Town of Southold. The undersigned, in consenting to such inspections, do(es) so with the knowledge and understanding that any information obtained in the conduct of such inspections may be used as evidence in subsequent prosecutions for vio- lations of the laws, ordinances, rules or regulations of the Toxvn of Southold. (PLEASE ATTACH COPY OF LEASE.) Dated: JANUARY , 199__ (signature) EDWARD A. HANUS (print name) (siRnature) (print name) Memorandum from.... Southold Town Board of Appeals TOWN HALL, SOUTHOLD, N.Y. 11971 765-1809 Date To: Building Department Mrs. Helen DeVoe From: Linda, Clerk to Z.B.A. 6/2/88 Dear Helen: Attached for the Building Department files is a copy of the conditional Special Exception for the Accessory Apartment Re: Edward and Ortrud Hanus at 635 Lupton's Point Road, Mattituck (1000-115-11-3). A copy has also been furnished for Vic. Thanks. ~mERANSCRIPT OF HEARING SOUTHOLD TOWN BOARD OF APPEALS REGULAR MEETING OF THURSDAY, APRIL 14, 1988 Appl. No. 3709 Applicant(s): Edward A. Hanus Location of Property: 635 Lupron Point County Tax Map ID NO. 1000- ]]5-]]-3. Road, Mattituck Board Members present: Chairman Goehringer P. Goehringer, Members: Doyen, Douglass, Grigonis and Sawicki. Also~ Presen_t.~_w_ere approximately 40 per~ons in the audience, and tinda Kowalski, Secretary of Zoning Bo.ard of Appeals. (Building Dept. Administrator, Mr. Lessard was absent.) The Chairman opened the hearing at 8:20 o'clock p.m. and read the legal notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a recessed hearing from the February 18, 1988 monthly meeting. And it's concerning an accessory apart- ment in Mattituck, more importantly at Lupton's Point. The appli- cant's name is Edward A. Hanus. I would ask if he would like to present the case. MR. CUDDY: I appear on behalf of Mr. and Mrs. Hanus. As the Chairman indicated, they own ~'-single-family dwelling on Lupton's Point Road and they would like to put in that single-family dwell- ing an accessory apartment. As the application indicates, they meet all the require,nents of the ordinance. And I would ask the Chairman to warrant both the certificate of occupancy as well as the house plan so they be part of the record. Their house is in excess of 2,000 square feet. The apartment would be approximately 650 feet and thereb~ would meet the 40% limitation of the ordinance. Mr. and Mrs. Hanus, of course, will remain at the house, their home which is a requirement of the ordinance. There has been some con- cern expressed as to parking and I'll get to that in just a minute. I think we have some plans that we can show the Board. But there is a tenant who has expressed an interest in the house who will rent the home for a year subject to the approval of this application. And I would offer up a letter from that tenant. Members of the Board, I have with me several alternate plans which I'll offer up in just a second, for parking for three vehicles. But before doing that, I would like to say that this is a relatively narrow right-of-way type road. All the people that live on this road, essentially, have their driveways close to the road. But one of the exceptions is Mr. Hanus who has an 80 foot long driveway that's relatively wide and you can park some of his cars in that particular spot. The Hanus' understand that they have to have three additional spaces. They would like to have them in certain configurations and I would offer these up to the Board to show you their preferances. This is number one. Num- ber one would show three spaces coming off the right-of-way. Num- ber two would show three spaces coming off the driveway. One of the problems with the second approach is that there is tree, a big tree that would come down as a result of that. One of the reasons for the first approach is basically, all of the parking in the neighbor- hood is essentially similiar. That is that the people park relatively close to that right-of-way. And I would offer a series of pictures Page 2 - Thursday,~ril 14, 1988 Public Hearing - ~ard Hanus Southold Board of Appeals MR. CUDDY (continued): and ask that they be made part of the record just to show addi- tional driveways in the neighborhood and it also shows the Hanus driveway so you can see its length and depth. I would ask the Board, based upon the application that's been submitted and based upon the information that's submitted tonight together with the pictures and the exhibits, to grant approval to the apartment ac- cessory use. If you have any questions, Mr. Hanus is here, Mrs. Hanus is here. We'd be glad to respond. CHAIRMAN GOEHRINGER: In dealing with the application, it appears that it's very self-explanatory. So I don't have any immediate questions but we'll see what happens during the hearing. We thank you sir. Is there anybody else who would like to speak in favor of the application? Anybody like to speak against the application? MR. DR0851: I'm the property owner on the east side of Mr. Hanus and I don't choose to speak for or against it really. I'm not against the apartment but I'm concerned.about access to our property. He stated the driveway is very narrow which the road itself is only ten feet. Mr. Hanus has used the other ten feet which you can see on the map, the exhibit, he has been using that as his parking area. And the tenant that he has in there right now, has parallel parking but he has the one, two, three proposed alternate parking plan that he has outlined here. It is now parallel to the road and actually jets out into the right-of-way. It's practically taking up the 10 feet that's in the white area there. So that's the only thing I object to is that he has adequate parking and parking off the right- of-way. CHAIRMAN GOEHHINGER: Thank you sir. lis there anybody else who would like to speak against this application or comment on the ap- plication? Anything further Mr. Cuddy? Hearing no further-ques- tions, I'll make a motion closing the hearing reserving decision until later. Ail in favor - AYE. SOUTHOLD TOWN BOARD OF APPEALS APRIL, 1988 WE,THE UNDERSIGNED RESIDENTS OF LUPTON POINT ROAD, ARE NOT OPPOSED TO THE GRANTING OF A PERMIT TO ALLOW EDWARD HANUS TO CONTINUE TO RENT TO A SINGLE OCCUPANT TENANT AT THEIR RESIDENCE ON LUPTON POINT,MATTITUCK,N.Y. WE DO HOWEVER REQUEST THAT ARRANGEMENTS BE MADE FOR A SEPERATE DRIVEWAY SO AS TO ALLEVIATE THE PARALLEL PARKING ON THE PRIVATE ROAD SERVICING OUR STREET. ( actually a jointly deeded right of way ) WE ARE NOT IN FAVOR OF THIS PERMIT IF IT WOULD INVOLVE ADDITIONAL VEHICLES BEING PARKED AT THEIR RESIDENCE. THE SMALL AREA IN FRONT OF THEIR HOME IS ALREADY OVERTAXED WITH CARS,TRUCKS,BOATS, TRAILERS,etc. IF A FAMILY WITH TWO OR MORE CARS WERE TO MOVE INTO THIS APARTMENT IT IS OUR FEELING THAT IT WOULD BE A DEFINATE PROBLEM,CHANGING NOT ONLY THE CHARACTER OF OUR SMALL PRIVATE AREA, BUT ALSO CREATING A HAZARDOUS CONDITION ON THE CURVE AND SLOPE AT THIS POINT OF OUR ROAD. ~V A Y BOARD OF APPFALS T~u:~ ~.{ ~ -~ SOUr'HOLD, N.Y. 2-11-88 DEAR SIRS: WITH REGARD TO THE REQUEST OF ~TO RECEIVE APPROVAL FOR A RENTAL APARTM~T~ OR DOURT,'R. FAMILY OCCUPANCY FOR HIS HOME ON LUPTON POINT,MATTITUCK, I WISH TO MAKE THE FOLLOWING POINTS: MR,HANUS HAS HAD AN EXISTING RENTAL APARTMENT IN THIS HOME FOR THE PAST FEW YEARS. I KNOW OF AT LEAST TWO DIFFERENT T~NANTS DURING THIS TIME. THE AREA IN FRONT OF THE HANUS HOUSE IS GENERALLY OVERFLOWING WITH PARKED CARS,TRUCKS,TRAILERS AND BOATS. MR.HANUS OPERATES A SEA TOWING SERVICE DURING THE ~ AND LAST YEAR HAD USED HIS DRIVEWAY FOR THIS ENTERPRISE. MR.HANUS HAS A HISTORY OF DOING WHAT HE WANTS OUTSIDE OF RULES AND REGULATIONS. CASE IN POINT... HE WAS OPERATING A COMMERCIAL ENTERPRISE ( SEA TOW ) FROM A JOINTLY DEEDED RIGHT OF WAY TO THE DOCKING AREA BEHIND OUR HOMF~ LAST YEAR HE INSTAr.f.F.~ A HUGE NEW SECTION OF DOCK ON THIS DEEDED RIGHT OF WAY. A~D~ PROTESTS FROM AREA RESIDENTS ME WAS DENIED BOTH VE~CfURES AND WAS DIRECTED BY THE TOWN TO REMOVE THE DOCK SECTION AND TO STOP THE SEA TOW OPERATION. AS OUR STREET IS A DEEDED RIGHT OF %fAY I AM CONCERNED THAT NOT ONLY THE CURRENT TENANTS CAR B%fT FUTURE TENANTS CARS PRESENT A HAZARD TO INGRESS AND EGRESS PAST THE HANUS HOME. TH~PARKING SPACE PROVIDED FOR THE CURREh~ TENANTS CAR ENCROACHES ON THIS RIGHT OF WAY AND ALSO PRES~ITS AN EYESORE TO ANYONE ~NTERING THIS PRIVATE RESIDENTIAL AREA. ANOTHER CONCERN, WHAT IS TO PREVENT Mr.HANUS FROM RENTING TO A FAMILY IN THE FUTURE? (the two tenants so far have been single ) . IT APPEARS THAT ME.HANUS IS TRYING TO SET ANOTHER PRECEDENT AND I AM OPPOSED TO HIS CHANGING THE CHARACTER OF OUR SMALL PRITATE RESIDEN~TIAL AREA INTO A t~TA~ AREA. MANY OF OUR RESIDENPS ARE AWAY NOW ANI~SHOULD BE GIVEN A SAY ALSO. Peconic Produ~o. Box 32 Mattituck, N.Y. 11952 Ph - AC 516 298-9632 JOSEPH R. CORSO JUSTICE Retired SUPR£ME COURT OF THE STATE OF NEW YORK JUSTICE'S CHAMBERS 750 Lupton Point Road Mattituck, N.Y. 11952 February 15, 1988 Hon. Gerard P. Goehringer, Chairman and All the Members of the Zoning Board of Appeals, Town of Southold Town Hall 53095 Main Road Southold, New York 11971 RE: Application of Edward A. Hanus for Special Exception TO: The Honorable Members of the Zoning Board of Appeals, Town of Southold My wife and I are co-owners of the property at 750 Lupron Point Road, Mat- tituck. Our property is diagonally across the road from the Hanus property. By reason of the fact that my wife was hospitalized from November 25, 1987 until February 6, 1988 in New York University Medical Center in New York City, and by reason of the further fact that I, too, during that time was hospitalized for a period of three weeks, neither of us have lived at home in Mattituck. I have lived with rel- atives in Bellmore to be closer to the hospital. Since my wife's discharge from the hospital, we are living in Bellmore until both of us fully recuperate. Because of the above, I have just learned that an application has been filed by Edward A. Hanus to legalize an accessory apartment which has been in existence in his building for many years. I am informed that a hearing relative to this applica- tion has been scheduled for February 18, 1988 at 7:35 P.M. Because neither my wife nor I have fully recovered, I am not able to travel from Bellmore to Southold to be present at the hearing. For additional reasons, which I am about to set forth, I most respectfully request an adjournment of this hearing for approximately two months. Mr. Hanus, the applicant will not be prejudiced by this delay. Years ago 1 he created an accessory apartment which still exists. He currently has a tenant occupying such apartment. That fact is that several of the property owners on Lupton Point Road, which is a private road, are likewise unable to attend for the following reasons: 1. Mrs. Mary O'Brien, I am informed, is hospitalized. 2. Mr. & Mrs. Sam Ganshaw are out of the country on vacation. 3. Mr. & Mrs. George Bird are in Florida. 4. Mr. Phil Phoel is in Florida. 5. Dr. & Mrs. William Markel are in Florida. 6. Judge & Mrs. Joseph Esquirol are away. All of us are permanent, year round residents on Lupton Point Road. We are all vitally interested in any change in our private residential community and on the private road which we maintain. In all fairness, those permanent residents who are temporarily away should have an opportunity to review the application and consider all possible consequences. I am informed that a notice of Mr. Hanus' application was mailed to a Lup- ton's Point Civic Association. I beg to advise that no such formal association exists and that no one is authorized to speak for any of us. The fact is that in August 1984, the property owners on Lupton Point Road met at the edge of my lawn to discuss re- pairs which our road needed. Mr. Hanus was designated to negotiate for the repairs for which all of us would contribute our proportionate share. No officers were elected and we have not met since August 1984. There are several questions and points that require answers and clarifica- tions. Some are: - 2- 1. A survey, dated February 11, 1969, has been submitted showing the three off- street parking spaces which will be provided for the accessory apartment. Who revised the 1969 survey and is it to scale? Does not the existing parking space designated as #3 actually encroach on Lupron Point Road? 2. Assuming, but not conceding, the three new parking spaces for the accessory apartment are proper, where will Mr. Hanus park his vehicles and how many does he have? If I am correct, he possesses a pick up truck, his wife has a motor vehicle and so does his son. He is connected with a Sea Tow enterprise (a commercial enterprise) and during the boating season he parks a Sea Tow Truck on his property. I do not know whether he has one or more additional vehicles. What parking space will be provided for these vehicles? Will a parking lot be operated in this private community? Other property owners who are away might have other questions. On Satur- day, February 13, 1988, I received a telephone call from Dr. Markel who is in Florida. He asked me to advise you that he is quite interested in this application and would like to be heard. He asked the question, "Why was the application made at a time when so many permanent residents were away for the winter?" I do not wish to belabor the matter and impose upon the valuable time of this Board. Since any unfavorable consequences that may accrue upon our private community by granting this application are of vital importance to those who are temporarily away from tl~r homes, they should be afforded the opportunity to be heard. -3- Will you please grant us an adjournment of this hearing until the latter part of April, 19887 Thank you for your courtesy. Most,~spectfully, c0Rs0 JRC/aaf Temporary address and phone number: c/o Falbo 4 Gunther Place Bellmore, New York 516-221-2650 11710 -4- Southold Town Board of Appeals MAIN ROAD- STATI:' ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD April 14, 1988 MEMBERS' GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. S .E . Q .R.A. SERGE DOYEN, JR. ROBERTJ. DOUGLASS NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H. SAWICKI Notice of Determination of Non-Siqnificanc~ APPEAL NO.: 3709 SE PROJECT NAME: EDWARD A. HANUS 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. This board determines the within project not to have a signifi- cant adverse_effect on the environment for the reasons indicated below. Please take further notice considered a determination made for any other department or agency which may also have an application pending for the same or similar project. that this declaration should not be TYPE OF ACTION: [ J Type II ~ Unlisted [ ] DESCRIPTION OF ACTION: Approval'of Accessory Apartment within existing dwelling structure LOCATION OF PROJECT: particularly known as: 1000-115-11-3 Town of Southold, County of Suffolk, 635 Lupron Point. Road, Ma~tituck,.NY more 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 c~ncerning use of premises and is not directly related to new construction. FOR FURTHER INFORMATION, PLEASE CONTACT: Linda K6walsRi, 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 NOTICE IS HEREBY GIV- EN, pursuant to Section 267 o~' the Towv. Law and the Code o£ the Town of Southold, the following hearings will be held the Town Hall, Main Road, Southold, NY, on THUt?~DAY. APRIL 14, 1988 at the follow- ing times: 7:35 p.m. AppL No. 3719- SOUTH91.10 SAVINGS BANK. Variance to the Zoning Ordinance, Article VI; Section 100-60 (C) [2] (a) for permission to erect an on-premises building identification sign, thc lower edge of which will be less than four feet above ground. Loca- tion of Property: 1400 Railroad (Youngs) Avenue, Southold, NY; County Tax Map Parcels Nos. 1000-60-2-1.4 Corer. 10.2 & 10.3). 7:35 p.m. AppL No. 3716- ROBERT E. WALDRON, JR. Variance to the Zoning Or- dinance, Article XI, Section 100-119.2 for permission to con- struct deck addition at rear of existing dwelling which is less than 75 feet from the mean highwater mark along dredged canal at James Creek, Mat- tituck. Location of Property: 2980 Ole Julc Lane, Mattituck, NY; County Tax Map Parcel No. 1000-122-4-17. '/:40 p.m. Appi. ~o. .~5- ROSA J. HODGSON. Variances to the Zoning Or- dinance, Article III, S~ction 100-31, Bulk Schedule, for ap- pmval of the insufficient area and width of parcel to he set-off in this pending division of land. Location of Property: North Side of Pine Neck Road, Southold, NY; County Tax Map Parcel No. 1000-70-6.33. Con- raining 7.152 acres total. 7:50 p.m. AppL No. 3707- JOSEPH F. CITARDI. Variances to the Zoning Or- dinance, Articles: (a) XI, Section 10(3.119.2 as to insufficient set- back from bank or bluff along the Long Island Sound, and (b) II1, Section 100-31, Bulk Schedule, as to insufficient frontyard setback from the front [southerly] property linc along C.R. 48, in this proposal to con- struct new single-family dwell- ing. Location of Property: 56225 C.R. 48, Greenport, NY; County Tax Map Parcel No. 1000-44-01-22. 8:05 p.m. AppL No. 3709- EDWARD A. HANUS. (Recess- ed from February 18, 1988, as agreed). Special Exception for approval of Accessory Apart. merit within existing dwelling in accordance with the re- quirements of Article III, Sec- tion 100-30B(15). Location of Property: 635 Lupron Point Rm~d, Mnttituek, NY; County Tax Map Parcel No. 1000-115-11-3. 8:15 p.m. Appl. No. 3715- BERNARD KIERNAN. V~iance to the Zoning Or- dinance, Article XI, Section 100-119.2 for permission to con- struct additions to dwelling and accessory structure(s) within 75 feet of the ordinary highwater mark along Southuld Bay. Loca- tion of Property: 1~05 North Parish Drive, Southold, NY; County Tax Map Parcel No. 1000-71-I-15. 8:20 p.m. Appl. No. 3722- D KU N R. Variances to tile Zouillg Or- dinance, Article XI, Section 100-119.2 and Article 111, Sec- tion 100-31, for permission to extend garage an additional two feet from that previously granted under Appl. No. 3706 and to construct additional liv- ing area at rear of dwelling with reduction of nonconforming sideyard at the north and south sides, insufficient total sidcyasds, excessive lot coverage, and within 75 feet of bulkhead alonn highwater of "Old Cove" [a/k/a Arshamomaque Pond]. Location of Property: East Side of Carole Road, Southold, NY; CoUnty Tax Map Panel No. 1000-52-2-3. 8:30 p.m. AppL No. 3687- JON ~. KERBS. (Recessed from March 17, 1988). Interpretation and, if necessary, Variance under Article XI, Section 100-119.2 of the Zoning Code, for permission to locate building pursuant to DEC Parmit No. 10-86-0092 and Trustees Wetland Permit No. 373. Loca- tion of Property: East Side of Ntunow Riv~ R~ad, Orlent, N~ County Tax Map Parcel No. 1000-27-2-5. 8:45 p.m. TARTAN OIL CORP..: (a) AppL No. 3633- Special Exception under Article Vll, Section 100-70(B) of the Zoni~ Code for approval of the establishment of a partial self- service gasoline station; and (b) AppL No ~636- Variance under Articles VI, Section 100-62(B), VIi, Section 100-70(B) for an lnterpretatino of "retail shoppin~ center" and for permission to establish con- venience store as an ~__ _ _,:eessory to the existing gasoline-service station. Location of Property: South Side of Main Road, West Side of Marratooka Lane, and the East Side of Sunset Avenue, Mattituck, NY, 1000-115-3-9, Zone: "B-I' General Business. 8:50 p.m. Appl. No. 370~- ins Ordinance, Article XI, See- tion 100-119.2 for penniseion to construct new dv~llin~ and gamse With an insufficient ~t- back from top of bluff or banit along the Long Island Sound. Location Of Property:. Soundview Avenue, Southolil, 1000-51.04-4106. 9:00 p;m. Appl. No. 3TI0- Tttg cOV~ AT SOUTHOtJX !~I~:, (Continued from Matdt 17, 1988). The Board of Appeals vdll hear at said time and place all representatives or pe~ons desir- ing to he heard in each of the not start before the time allot- ted, Written comments ma~t he submitted prior to the conclu- sion of the subject hem-ins. Pm' move information, please call 76~-!809. Dated: April 1, 19~8 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linde Kowalski, 1T-4/7/88(59) COUNTY OF SUFFOLK SS: STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, 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/of"~'--~....c~'.~)'~. -.: ...... , 19 ..... Sworn to before me this 7 day of Notary Public Q~li~ ~ ~ NOTICI~ ~ ~F~REBY ~IVEN, purser to ~ion 257 of the Town ~w ~d ~e C~c of Town d ~u~old. ~e followin~ heafinls wi~ be held by ~he APPEALS at a Rel~ar Mee~! at the Sou~old To~ Hall. Main Road. Sou~old, New York. ~ (a) Xf, Secu~ ]~'H9.2 as '~ ins~fident setback f~ ~ or bl~ ~g ~e ~g Isled Sound front lcon~tr,~ In thl* proposal ldwe~g, ~ca~on of p 156225 C.R ~o ~ mpeny: ~C~I~ T .~u, ~enpon, 44_01~22~ ~ap p~ No. 1~. 8:03 p.m. A~I No 37~]~ ~- &ecesse; p~on for a~wva/ o wRh ~e ~Ulmment~ of Anfi~ q Iii, Section 100-30B(l ~ Pein Road ~. ~: ~o~ Lup~ r~ext page a~ rear o~ dweR/nj with reduction ~ve. [s~ ~ p~, ~ ~amle R~d, Southold, NY; ~ty T~ M~ Pa~l No I - 52-2-3. ' ~ ~. ~e~ss~ from he ~g Code. f~ permission Map Parcel No. 8:45 p,m. ~ (a) AppL No, Exception unde Secti~ 100-70(I Code for ap/ establishment ~TEOFNEWYoI~R ) service gasoline ~ ) SS: Co) Appl. under Articles ~J[~y OF SUFFOLK 62(B), VII, Sccti~ an Interpretati~ shopping cenris t i__n~QIkta~O_ . of Greenport, in permission tc n i convenience sto~r~ Cou tV, be no duly sworn, says that he/she is to the exis~ng ncipal Clerk of THE SUFFOLK TIMES, a Weekly station. Location of I~vspaper, published at Greenport, in the Town Side of MaiJeO, aSouthold' County of Suffolk and State of New Marratooka of Sunset Avenueyk, and that the Notice of which the annexed is Io00-115-3.9. )rinted copy, has been regularly published in Genernl Bus/ness. id Newspaper once each week for weeks successively, commencing on tho day of Apr', t 19~ Sworn to ~re me this APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11~'71 TELEPHONE (516) 765-1809 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time and date of the public hearing concerning your recent application is a copy of the Legal Notice as published in the L.I. Traveler- Watchman, Inc. and Suffolk Weekly Times, Inc. Someone should appear in your behalf during the public hearing in the event there are questions from board members or persons in the audience. Please be assured that your public hearing will not start before the time allotted in the Legal Notice. If you have any questions, please feel free to call our office, 765-1809. Yours very tr~lv_~, ~ G~-RAI~D P. GOEHR~'NGER J CHAIRMAN Enclosure Linda Kowalski Secretary and Board Clerk NOTICE OF DISCLOSURE of Southold and I am the application #3709. I would like to disclose for the record that I am the husband of Ortrud Hanus who is employed part-time by the Town co-owner and co-applicant under APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11~fl71 TELEPHONE (516) 765-1809 March 14, 1988 Mr. and Mrs. Edward Hanus 635 Lupton's Point Road Mattituck, NY 11952 Re: Appl. No. 3709 - Special Exception Dear Mr. and Mrs. Hanus: This letter will confirm that the hearing on the above matter has been recessed until our April meeting as requested by you and a few of the area residents. The hearing is expected to reconvene on Thursday evening, April 14, 1988, and a copy of the Notice of Hearings will be forwarded as confirmation of the date and time in the near future. Please feel free to call if you have questions concerning your application. Yours very truly, CC: Mr. Sam Ganshaw Mr. Joseph R. Corso Mr. and Mrs. Jack Drobet GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Page 4 - Legal Notice Regular Meeting - April 14, 1988 Southold Town Board of Appeals Copies to the following on or about 4/4/88: Suffolk Times, Inc. L.I. Traveler-Watchman, Inc. Individual Board Members(with copies Town Clerk's Bulletin Board of file) Bruer & Lark, Main Road, Box 1059, Southold, NY 11971 as Attorneys for Southold Savings Bank Mr. Robert E. Waldron, Jr., 2980 Ole Jule Lane, Mattituck, NY 11952 Mr. Garrett A. Strang, R.A. as Agent for Mrs. Rosa Hodgson P.O. Box 1412, Southold, NY 11971 Mr. Harold Conroy, Lighthouse Lane, 'Southold, NY 11971 Peconic Associates, Inc., One Bootleg Alley, Box 672, Greenport, NY 11944 Charles R. Cuddy, Esq., 180 Old Country Road, Box 1547, Riverhead, NY ll901, as Attorney for Mr. and Mrs. Edward A. Hanus Mr. Sam Ganshaw, Lupton Point Road, Mattituck, NY 11952 Mr. and Mrs. Jack Drobet, Box 965, Mattituck, NY 11952 Abigail A. Wickham, Esq. (Attn.: Joyce Steiner) in behalf of Mr. Joseph R. Corso Mr. Joseph R. Corso, 750 Lupton Point Road, Mattituck, NY 11952 Mr. and Mrs. Edward A. Hanus, 635 Lupton Point Road, Mattituck, NY 11952 Mr. Garrett A. Strang, R.A. as Agent for Mr. Bernard Kiernan P.O. Box 1412, Southold, NY 11971 Patricia C. Moore, Esq., Moore & Moore, Box 23, Mattituck, NY 11952 as Attorneys for Manfred Kuerner and John & Evelyn Keating Stephen R. Angel, Esq. as Attorney for Jon C. Kerbs 108 East Main Street, Box 279, Riverhead, NY 11901 Mr. Jon C. Kerbs, Box 525, Greenport, NY 11944 Catriona Glazebrook, Esq., Twomey, Latham, Shea & Kelley 33 West Second Street, Box 398, Riverhead, NY 11901 William D. Moore, Esq., Moore & Moore, Box 23, Mattituck, NY 11952 as Attorney for Tartan Oil Corp. Mr. and Mrs. Gregory Ofrias, Sunset Avenue, Mattituck, NY 11952 Mr. Wilbur Klatsky, The Cove at Ronkonkoma, NY 11779 Mr. John Bredemeyer, President, Southold, 5044 Expressway Drive South, Town Trustees Office Southold Town Board of Appeals MAIN ROAD- ~TAT£ ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPH©NE (516) 765-1809 APPEALS BOARD February 18, 1988 MEMBERS' GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. S · E · Q . R.A . SERGE DOYEN, .IR. ROBERTJ. DOUGLASS NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H. SAWICKI Notice of Determination of Non-Si~nificanc~ APPEAL NO.: 3709 PROJECT NAME: EDWARD AND ORTRUD HANUS 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.' This board determines the within project not to have 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 for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [ ] Type II [X] Unlisted [ ] DESCRIPTION OF ACTION: Establish one Accessory Apartment LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: 635 Lupton Point Road, Ma~_tituck, NY 115-11-3 REASON(S) SUPPORTING THIS DETE~qINATION: (1) An Environmental Assessment in the short, form has been submitted which indicates that no significant adverse effects to the emvironment 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 KowalsRi, 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 the Town Law and the Code of .~h~ %Wn.: 0'f Southold, the following hearings will be held b~, 't'he SOiJ~'~oL~)' TOwN BOARD OF APPEALS at a Regular Meeting at the Southold Town Hall, Main Road, Southold, NY on THURSDAY~ FEBRUARY ll~, ~$988 at the following times: 7:30 p.m. Appl. No. :}702- OLGA CORDES. Variances to the Zoning Ordinance, Article Ill, Section 100-31, Bulk Schedule, for approval of the proposed insufficient area and width of two parcels in this pen.-/ ding division of land located at the south side of Sterling Road (Nassau Farms), Cutchogue, NY; County Tax Map District 1000, Section 104, Block 4, Lots 17 and 18. ~ 7:35 p.m. Appl. No. 3709- EDWARD AND ORTRUD HANUS. Special Exception to the Zoning Ordinance, to establish one new Accessory Apartment in the existing dwell- ing structure in accordance with the requirements of Article III, Section 100-30(B}, subsection 15. Location of Property: 635 ,, Lupton's Point Road, Mat- tituck, NY; County Tax Map District 1000, Section 115, Block 11, tot 3. j 7:40 p.m. Appl. No. 3699- EDWARD AND BARBARA BETSCH. Variances to the Zon- ing Ordinance, Article ltl, Sec- tion 100-31, Bulk Schedule, for permission to construct addi- tlon(s) to dwelling with an insuf- ficient westerly sideyard setback and insufficient total sideyards. Location of Property: North Side of Rabbit Lane, East Marion, NY; County Tax Map Parcel No. 1000-31-17.15. 7:45 p.m. Appl. No. 3607- .tAMES O'NEILL AND PETER I~ c. SHERRY. Variances to the Zoning Or- dinance, Article Ill, Section 100-31, Bulk Schedule., for ap- proval of insufficient area,/g width and depth of two propos- ed parcels, each with an existing dwelling, located at the corner of the N/s Wiggins Street and the W/s Eighth Street, Green- port, NY; Map of S. BueI Cor- win (1885) Lots 28 and 29; County Tax Map District 1000, Section 48, Block 1, Lot 22. 7:55 p.M. TARTAN OIL CORP.: (a) Appl. No. 3633- Special Exception under Article VII, Section 100-70(B) of the Zoning Code for approval of the establishment of a partial self- service gasoline station; and (b) Appl. No. 3636- Variance to the Zoning Ordinance, Ar- tic!~ VI, ~ 93 ss: STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, 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 ..... .7.5... Sworn to before me this /// day of ............... .~. ....... 19 ..... ticle VII, Section 100-70(B), for an Interpretation o£ "retail shopping c~nter" and for per- mission to establish convenience store as an accessory to the ex- isting gasoline-service station. Location of Property: South Side of Main Road, West Side of Maratooka Lane, and East Side of Sunset Avenue, Mat- tituck, NY; County Tax Map District 1000, Section 115, Block 3, Lot 9. Zone District: "B-I" General Business. 8:05 p.m. Appl. No, 3701- CHARLES ZAHRA. Applica- ti0n under Article XIV, Section 142 of the Zoning Code for a Reversal of Determination of Bu, ilding Inspector in his,/ Revocation of Building Permifl No. 15428Z issued October 27, 1986. Location of Property: 140 Pike Street, Mattituck, NY; County Tax Map District 1000, Section 141, Block 4, Lot 5. Zone District: "B-I" General Business. The Board of Appeals will hear at said time and place all persons or representatives desir- ing to be heard in each of the above matters. Each hearing will not start before the time allot- ted. Written comments may be submitted prior to the conclu- sion of the subject hearing. For more information, please call 765-1809. Dated: February 2, 1988 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN · Linda Kowalski, , Board Secretary ': IT-2/11/88(51 Notary Public BARBARA FORBES Notary Public, State of New York No. 4806896 Qualified in Suffolk County Commission Expires ~ 3/ 19 oc=f BETSCH. V?~ces to the Zoning Ordinance, Atrcle wi, Section 100- 31, Bulk Schedule, for permission to constma eddisi~(s) to dwelling wi~h an ins~fficien: w~fly sideyauf sat- back and insufficient total sideyaMs. Location of pro~rty: Noflh Side of Rabbit Lane. East Marion, NY; Ceunty Tax Map Panel 31-17-15. 7:45 p.m. Appl. JAMES O'NEILL and pETER McSHERRY. Vafim~cea to the Zon- ing Ordinance, Article ll~ Section 100-31, Bulk Schedule, for approval of insufficient area, width and depth of two proposed parcufs, each with an {~ 'r~ {~ eaistin8 dwelling, located at the cor- ner uf the N/s Wiggins Steer and the · Wis Eighth Street, Greenport, NY; NOTiCE OF i~i~;&K~t.a , -~--...MapafS. BuelCorwi~(1885)Lou28 NOTICE IS HEREBY GIVEN, ' ,nd 29; County Tax Map Disrttrct pursuam to Section 267 of the Town 1000, Section 48, Bleck 1, Lot 22- Law and the Code of the Town c~ 7:55p.ra. TARTANOILCORP-: Southold, the foIlovfin8 hearings will (a) AppL No. 3633 -- Special be held by the SOUTHOLD TOIRrN Exception under Atrcle VI~ Section BOARD OF APPEALS at a Regufax 100-70(B) of the Zoning Cede Meeting at the S~thold Town Hall, approvaloftbe cstabllshmentof spar- Main Road, So. thoM, New York, on rial self-$erv{ce gasoline station, and THURSDAY, FEBRUARY 18, Co) AppL No. 3636-- Variance 1988 at the following times: to the Zoning Chdinanee, Articles VI, 7:30 p.m, AppL No. 3702 -- S~ctinn 100~2(B), Article VI~ S~c- OLGA CORDES. Variances to the tion 100-70(B), for aa Intarpmtation Zoning O~dinance, Article ~ Sec- of 'mall shopping center" and for fion 100-31, Bulk Schedule, for ap- pennission to cstabEah ce~venlence proval of the l~Olx~d insufficient atom as an accessory to tbe existing area and width of two parcels in this gasoline-sen4ce station. pendingdivisionoflandlocatedatthc Location of Property: South south side of Sterling Road (Nassau Side of Main Read, West Farms), Cutohog~e, NY; Ceumy Tax Marratooka Lane, and East Side of Map District 1000, Section 104, Sunset Avenue, Matrtock, NY: Block 4, Lo~ 17 and 18. C.~aomy T~x Map District 1000, Sec- 7:35 p.m, Apld. No. 3709 --~ rionllS,Block3,Lctg. ZoneDistfict: )W.4 RD AND ORTRUD HA-~ 'B-I" General Business. NUS. SpecialExcepriontotheZoning / 8.'05 p,m. AppL No. 3701 -- O~inance. to eatab~i~_~__o~.e new. mc- / CHARLES ZAHRA. Applic~tlon ~e~sory Apartment m the e.~sU~ll/ underAtrdeXIV, Sectic~142oftbe dwelling structure in accordance wit~ Zoning Code for a Reversal of Deter- thc tequhements of Article TIT, Sed-~ minarien of Binldin$ lnspectorin his tion 100-30(B), subsection 15,. Loea-~ Revocation of Building Permit tion of Property: 635 Lupron s Point \ #15428Z issued October 27, 1986. Road, Mattituck, NY; Cotmty Tax I Locafice of Property: 140 Pike Street, Map District 10(X}, Section 115, } Matrmck, NY; County Tax Map Block 11, Lot 3. ~ District 1000, Section 141, Blcck 4, 7:40 p~m. AI~L No, 3699 ~ Lot 5. Zone District: "B-I" General EDWARD AND BARBARA~. B~iness. ~ne Beard of Appeals will'at said time and place all ~ersons or ea~ of the above matters. Each hear- tn8 will not start before the time allot- miued p~or to the conclusion of the ~mbject hearing. Fo~ mo~ infotma- [tio~ please call 765-1809. Dated: Fehmav/2, 1988. -,- · BY ORDER ' OF THE SOUTHOLD TOWN BOARD : OF APPEALS ~ /. GF~,ARD P. GOEttRI~GER, ! ~ 71 CHAIRMAN ' Linda Kowalsid, Bo~uf Secratav/ ~825-17F11 STATE OF NEW YORK ) } SS: COUNTY OFSUFFOLK ) ChT~ =~; T~ Cc~n~'~=ntc'~- of Greenport, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Greenport, 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 weeks successively, commencing on the _ day of _ ~ Principal Clerk Sworn to b~e me this // day of ~ - MARY K. O:_GNAiq '~ - NOTARY PIJBLIC, 3tats Ot New York L 635 Lupton's Point Road Mattituck, New York 11952 February 18, 1988 Gerard P. Goehringer, Chairman Southold Town Board of Appeals ~ain Road Southold, New York 11971 Dear ~r. Goehringer: It has recently come to my attention that several of my neighbors, who are away for the winter, would like to be present at the meeting concerning my application for an Accessory Apartment. Therefore, I request an adjournment until the April meeting so that they may attend if they so desire. Sincerely, Edward Hauus Southold Town Board of Appeals MAIN RDAD- BTATE RnAD 25 BOUTHnLD. L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P~ GOEHRINGER, CHAIRMAN CHARLES GRIGONI$, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICK[ TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time and date of the public hearing concerning your recent application is a copy of the Legal Notice as published in the L.I. Traveler- Watchman, Inc. and Suffolk Weekly Times, Inc. Someone should appear in your behalf during the public hearing in.the event there are questions from board members or persons in the audience. Please be assured that your public hearing will not start before the time allotted in the Legal Notice. If you have any questions, please feel frame to call our office, 765-1809. Yours_ very CHAIRHAN Enclosure Linda Kowalski Secretary and Board Clerk .JUDITH T. TERRY OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD February 1, 1988 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-18(11 TO: Southold Town Zoning Board of Appeals FROM: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3709, application of Edward A. Hanus for a Special Exception. Also included is notification to adjacent property owners; Short Environmental Assessment Form; Certificate of Occupancy for Non-conforming Premises; and survey of property. Judith T.Terry Southold Town Clerk TOWN OF SOUTHOLD, NEW YORK ACCESSORY APARTMENT APPLICA I R S I XCEPTION Application No. Date Filed: TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK: House No.'ahd Street (Hamlet, 'Sfat~, Zip Code) hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE, ARTICLE '~ , SECTION ~0-~ , SUBSECTION for the below-described property for the following uses and purposes: as shown on the attached plan drawn to scale. A. Statement of Ownership and Interest. ~/~t.~/ ~.~L~ is (~re) the ~wner(s) of property known and referred to as ~ ~ ~' y_...~L~'~ ~9~2~ ~ (House No., Street, Hamlet) identified on the Suffolk C~nty Tax Maps as District 1000, Section ii:~-, Block ~! , Lot ~ ~ , which is 's(~__~___~) on a subdivision map (Filed ~p of "Filed Map No. ). The above-described property was acquired by the owner on B. The applicant alleges that the approval of this exception would be in harmony with the intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefor in said ordinance and would not be detrimental to property or persons in the neighborhood for the following reasons: ]k/o ~/~ 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 sixteen-hundred (1,600) sq. ft. of livable floor area. (continued on page two) Application for Special Exception Page Two (continued) COUNTY OF SUFFOLK) STATE OF NEW YORK) ss.: C. 4. The accessory apartment shall contain not less than four-hundred fifty (450) square feet of livable floor area. 5. The accessory apartment shall not exceed forty (40%) percent of livable floor area of the existing dwelling unit. 6. A minimum of three off-street (on-site) parking spaces shall be provided as shown on the attached plan. 7. Not more than one (1) accessory apartment will be on this parcel. 8. The accessory apartment will meet the requirements of a dwelling unit as defined in Section 100-13 of the Zoning Code. 9. The exterior entry to the accessory apartment has not changed the existing exterior appearance of a one-family dwelling. lO. All exterior alterations to the existing building, except for access to the apartment, is made on the existing foundation as shown on the attached plans. ll. I understand that the Certificate of Occupancy will terminate upon the transfer of title or upon the owner ceasing to occupy one of the dwelling units as the owner's principal residence; and that in the event of the owner's demise, the occupant of the accessory apartment may continue in occupancy until a new owner shall occupy the balance of the dwelling or one (1) year from date of said demise, whichever shall first occur. 12.This conversion shall be subject to inspection of the Building Inspector and Renewal of Certificate of Occupancy annually. 13. The existing building which is converted to permit this accessory apartment has been in existence and has a valid Certificate of Occupancy issued prior to January l, 1984, and attached hereto. 14. The existing building, together with this accessory apartment, shall comply with all other requirements of Chapter 100 of the Town Code of the Town of Southold. 15. This conversion for the accessory apartment shall comply with all other rules and regulations of the New York State Construction Code and other applicable codes. D. The property which is the subject of this application is zoned r~st~o~! and [ ] has not changed since the issuance of the Certificate of Occupancy attached. [~/~ has changed or received additional building permits, and Certificates of Occupancy for these changes are attached or will be furnished. (Signature) Sworn to before me this OZ~ day of (Notary Public) '~ v ZB5 2/6/86 BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter oT the Petition of to the Board of Appeals of the Town of Southold TO: ~¥r~e~' L~, /~bt{O~"~ ~'~. NOTICE TO ADJACENT PROPERTY OWNER 1. That it is the i~Lt~la~a~ersigned to petition the Board of Appeals of the Town of Southold to request a (Variance~d,~pecial Exceptio..~Special Permit) (Other) [c±rcZe oho±cci 2. That the prop?ty which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: _';~ ~ r, Je -~m;L~ 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: 5. That the provisio. ~,~.~_.o~. the Southold Town Zoning Code ,~oplicable to ~h~ relief sought by the under- signed are Article ~l,- Section //)/) - _~O ~ [ ] Section 280-A, New York Town Law for approval of access over r~ght(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southoid Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. (516) 765-1809. 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: '/~_~/J~ ~:~-r'~ Petitioner Owners 'Names: ~ Post ~fice Addr~ , [Copy of sketch or plan showing proposal to be attached for convenience purposes.] RECEIP Restricted De lo whom and Return Receil Date. and Ad~ Special Delivery Fee Restricted Delivery Fee Return Receipt showing to whom and Date Delive Address of De and - P 7T~R927 993 p 70~ 9 P 709 9£ _%._ RECEIPT FOR CE REC, EIP CERTIFIED MAIL CER' RECEIPT "0 ~NSURANCE COVE NO 'NSURANCE COVERAGE PROVIDED NO INSURAI~E COVERA NOT FOR INTERNA NOT FOR INTERNATIONAL MAIL NOT FOR INTERNATIE (See Re~ (See Reverse) (See Reve; -- Sen o · Postage Postage Cedified Fee Certified Fee STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss.: ~ ~ ~?~. ~.~ I I ~.¢~ . being duly sworn depo~ and ~ys that on the ~ day o~ ~ a~ / ' ,19 ~, deponent mailed a true copy of the Notic~ ~t forth on the re- ve~ side hereof/directed to each of the above-named persons at the addressesset opposite thor res~ctive' name; that the addresses set opposite ~he names of said persons are the addrm~s of said ~rsons as shown on the current assmsment roll of the Town of Soulhold; that said Notic~ were mailed at the United Stat~ Post ~- rice at ~e ~ ~e//~. ~-k/ ; that said Notices were mailed to each of aid persons by ~(~) mail. /' Sworn to before me this C~ ~ I~tary Public ALAN J LAWRENCE I~OTARY PUO, LIC, Sia~e ot New York (This side does not have to be completed on form transmitted to adjoining property owners.) ?lsl~uc?lo~st (a) Y{~ order tO ant. war [ho quent, ion:~ in thiu :H~ort, gAF t~ lu au:~umod that ~h ~ra~aror will u~ currently availabl~ tnfo~nltion conc,)rninE tho project and tho or other invo~tigations ~1 bo tmdortakon. (b) If any question hao boon ~n~wornd Y,::~ the p:'uj~ct rny b,~ :~l;:nific~nt and cc~plotod Envlro~.ental Assessment Foz~ 13 (C) 2f all qu~tion~ have been ~nnwered no~ significant. : (d) ~nvtrnn~entnl,,A?nnn~en~ l, ~1 proJec~ roost In a la~go physical cl~ngo to the project oit~ or phyaically alter more 2, ~11 chore be ~ ~Jor chaste to ~n'/ ,,utque unuuual land fo~ found on tho ~itu? ~ '[u~ / No ~. W~I project alter,or have a iar~lu of/'.c~ on an existing body of water? · , · . W~I project Imvo a potentially l~rgu lmpncb on ~ro~Owa:cr quality? ' ' ..... ~1 pro~ect si~iElc~ntly, ef~ect dr~lnn;lu flow air quality? 8. W~i project havo'a :mJor offoc~ cn actor of tho cam. reunify or sccnlc vi~:+~ kno~m to bo L:por:an: to tho co;~mun.tLy? · 9. Will pro~ec~ adversely ~pac~ uny :~it,, or cra of h[~toric~ pro-historic, or importance or a~y site designated at; a Cl'itical Onvironmen~l by 10. W~i proJoct have a ~Jor effect on future recreational opport~nl~ioa'l 11. Will project.result' tn ~aJor traffic i}roblcm:~ Or 12. %'/ill Frojoc~ rogt~arly cau:;o -bJectit) l;thh ador,:, anco as a ros~ of the project's ti, oration? 1]* Will project have any impact ~n public het*lth or iL. Will project ~,ffoct tho exluting comm,.n~7 hy directly causing a ~ruwth In per,~,,n,mt i:cp~,la- ClO~ cf' ~OFO gh~ ~ portent o,.,of ;t choract~r of tho..coctnllll~ity ~l' {tel,2hi.',Ja'H~,~;(I ' , . ..... 15. I~ there publ~q, controv,n:,y~ c~>.nq,nntz,,~ / PBEP~RER' 3 DEAR SIRS: WITH REGARD TO THE REQUEST OF ED HANUS TO RECEIVE APPROVAL FOR A RENTAL APARTMENT OR DOUBLE FAMILY OCCUPANCY FOR HIS HOME ON LUPTON POINT,MATTITUCK, I WISH TO MAKE THE FOLLOWING POINTS: MR,HANUS HAS HAD AN EXISTING RENTAL APARTMENT IN THIS HOME FOR THE PAST FEW YEARS..I KNOW OF AT LEAST TWO DIFFERENT TENANTS DURING THIS TIME. THE AREA IN FRONT OF THE HANUS HOUSE IS GENERALLY OVERFLOWING WITH PARKED CARS,TRUCKS,TRAILERS AND BOATS. ~2~.HANUS OPERATES A SEA TOWING SERVICE DURING THE SU~4~ER AND LAST YEARHADUSED HIS DRIVEWAY FOR ENTERPRISE. ME.HANUS HAS . ~ HISTORY OF DOING WHAT HE WANTS OUTSIDE OF RULES AND REGULATIONS. CASE IN POINT... HE WAS OPERATING A CO~ERCIAL ENTERPRISE ( SEATOW ) FROM A JOINTLY DEEDED RIGHT OF WAY TO THE DOCKING AREA BEHIND OUR HO~4E~ LAST YEAR HE INSTALLED A HUGE NEW SECTION OF DOCK ON THIS DEEDED RIGHT OF WAY. AFTER PROTESTS FROM AREARESID~NTS HE WAS DENIED BOTH VE~UJRES AND WAS DIRECTED BY ~ TOWN TO P~EMOVE THE DOCK SECTION AND TO STOP ~IE SEA TOW OPERATION. AS OUR STREET IS A DEEDED RIGHT OF WAY I AM CONCERNED THAT NOT ONLY THE CURRENT TENANTS CAR BUT FUTURE TENANTS CARS PRESENT A HAZARD TO INGRESS AND EGRESS PAST THE HANUS HOME. TH~ARKING SPACE PROVIDED FOR THE CURRENT TENANTS CAR ENcRoAcHES ON THIS RIGOr OF WAY AND ALSO PRESENTS AN EYESORE TO /~NYONE ENTERING THIS PRIVATE RESIDENTIAL AREA. ANO'I/qER CONCERN, %~HAT 'IS TO PREVENT Mr.HANUS FROM RENTING TO A FAMILY IN THE FUTURE? ,(the t%;o tenants so far have been sing'le ) . IT APPEARS THAT MR.HANUS IS TRYING TO SET ANOTHER PRECEDENT AND I AM OPPOSED TO HIS CHANGING 'f~{E CHARACTER OF OUR' SMALL PRIVATE RESIDEN~IAL AIREA I~fO A i~']~WA~. AREA. ~NY OF OUR RESIDENTS ARE AWAY NOW AND~HOULD BE GIVEN A SAY ALSO. 0 u oF 11' Fi.~s M ._FA__MI L¥ L ,'-V. ,, H.&LL FAN ~"t ' t3~-O* LIVING I ARcH 54'-5" I~Z'. 0% ~5~.1" FAMILy RESlDENC:E I-4. YORK, ARCHITECT FI 25T FLO0 .I Fo~. F:r2~T ENT~I~.~4CE. pRAWlNa Mo,.I.,?.,.~.... DATP.: r' ' :~ -: ':'-' F~LEVATI 0 I'd :~ ETAI L OF FIR. EPLACF__ WALL oN[. O-LD. WOOD HALL CLO* .Ir TWO 4'~ ~*-~ ,U, G,'- iiLo, ' c,i- o,~ tSt - lL"O t t) c'Lo. 17Lo, ,.. SECOL/D FLOOR PLAN l KITCHF_.M DOWN'-.~. · iIDENCE ARCHITECT