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HomeMy WebLinkAbout3776 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765 1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. ACTION OF THE BOARD OF APPEALS Application of HOWARD AND MARGARET BRODIS for a Special Exception to the Zoning Ordinance, Article III, Section 100-30(B){15}, for permission to establish Accessory Apartment in a proposed addition to existing dwelling, at premises known as 435 Eastward Ct., Mattituck, NY; County Tax Map Parcel ID No. 1000-115-7-9. WHEREAS, a public hearing was held and concluded on October 6, 1988 in the Matter of the Application of HOWARD AND MARGARET BRODIS under Application No. 3776; 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 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 a new "Accessory Apartment" in a proposed 35 ft. by 33 ft. addition to the existing principal single-family dwelling, as more particularly shown on the sketch of survey and original site plan dated June 14, 1988, prepared by Donald A. Denis, A.I.A., P.C. (Job No. 8814, Sheets No. 1-4). 2. The premises in question is located in the "A" Residential and Agricultural Zone District, containing a total area of approximately 40,000 sq. ft., road frontage of 165.10 feet, and average lot depth of 242.28 feet. The setbacks for a principal structure in this Zone District are regulated by Column "A-40" of the Bulk Schedule of the Zoning Code. 3. The subject premises is improved with an one-story single-family dwelling (without the sketched addition) and two accessory buildings as more particularly shown on the 1986 Survey prepared by Anthony W. Lewandowski, L.S. This parcel is Page 2 - Appl. No. 3776 Matter of HOWA~DANDMARGARET BRODIS Decision Rendered October 26, 1988 identified on the Suffolk County Tax Maps as District 1000, Section 115, Block 7, Lot 9. 4. Upon information furnished, 1,155 sq. ft. proposed addition will be the area to be occupied by the Accessory Apartment, and the square footage of the principal single-family dwelling use is given at 1,785+- square feet. 5. Article III, Section 100-30B(15) of the Zoning Code permits the establishment of: ...One Accessory Apartment in an existing one-family dwelling...subject to requirements (a) through (p), inclusive. 6. Subsection (m) of Section 100-30B(15) of the Zoning Code provides that the "...building which is converted to permit an accessory apartment shall be in existence and have a valid Certificate of Occupancy issued prior to January 1, 1984." 7. It is the understanding and interpretation of this Board that the area within which the principal dwelling use and Accessory Apartment use are to be located must have been in existence prior to January 1, 1984, in order to meet the requirements of this Article. 8. The principal single-family dwelling structure was constructed under the issuance of Building Permit #5995 dated July 7, 1972, Permit #9929Z dated September 11, 1978, and Permit #11610 dated April 2, 1982. Although the dwelling has been in existence and has a valid Certificate of Occupancy prior to January 1, 1984, the area within which the proposed Accessory Apartment is to be located does not exist. It is therefore the position of this Board that the establishment of an Accessory Apartment and principal single-family dwelling use must both be within the "perimeter" of the entire construction of the principal building as existed on or before January 1, 1984. 9. In considering this application, the Board finds and determines that it is without authority to grant a Special Exception use where the project does not meet all of the requirements of the Zoning Code {Knadle v. ZBA of Huntington, 121 AD2d 447 (1986); Roginski v. Rose, et al., 63 NY2d 735 (1984). Accordingly, on motion by Mr. Grigonis, seconded by Mr. Dinizio, it was RESOLVED, to DENY the Special Exception as requested and as Page 3 - Appl. No. 3776 Matter of HOWARD AND MARGARET BRODIS Decision Rendered October 26, 1988 applied under Appl. No. 3776 in the Matter of the Application of HOWARD AND MARGARET BRODIS. Vote of the Board: Dinizio. (Absent were: serious family illness.) Ayes: Messrs. Goehringer, Grigonis and Members Sawicki and Doyen, due to This resolution was duly adopted. lk GERARD P. GOEHRINGER, CHAIRMAN 2ECEIVED AND /LED BY THE SOUTHOLD TOWN CI.F. RK DATE ~,/~'/y¢ HOUR /o: ~-~' ~"~'l Town Clerk, . APPEALS BOARD MEMBERS GERARD P. GOEHRINGER. CHAIRMAN CHARLES GRIGONIS. JR. SERGE DOYEN. JR. JOSEPH H, SAWi CKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHE]LD, L.I.. N.Y. llCJ?l TELEPHONE (5161 765-1809 NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southotd, 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, OCTOBER 6, 1988 at the following times: 7:35 p.m. Appl. No. 3765 - JOSEPH SPITALIERE for a Variance to the Zoning Ordinance, Article III, Section 100-31 for the placement of a new dwelling structure with a reduced setback from the front property line. Location of Property: Right-of-way located along the east side of Cedar Beach Drive, Southold, (just south of General Wayne Inn) and extending in an easterly and thence southerly direction to this parcel identified on the Suffolk County Tax Maps as 1000-90-4-14. 7:40 p.m. Appl. No. 3768 - FRANK AND SANDRA CURl{AN for a Variance to the Zoning Ordinance, Article III, Section 100-31 for construction of a pool with deck and fence enclosure with an insufficient frontyard setback and excessive lot coverage (over Page 2 - Notice of Hearings Regular Meeting of October 6, 1988 Southold Town Board of Appeals 20 percent), at premises known as 780 Halrwaters Road, Cutchogue, NY; County Tax Map Parcel No. 1000-111-01-016. 7:45 p.m. Appl. No. 3763 - JOHN J. JESSUP for a Variance to the Zoning Ordinance, Article III, Section 100-31 for construction of an addition at the westerly side of the existing dwelling with a reduction in the known as 90 East Road, Cutchogue, 1000-110-7-15. total sideyards, at premises NY; County Tax Map Parcel No. 7:50 p.m. Appl. No. 3759 - TONY S~ARMATO~ INC. for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for approval of gazebo structure with an insufficient setback from an existing bulkhead along Peconic Bay, at premises known as 235 Huckelberry Mill Road, East Marion, NY; County Tax Map Parcel NOo 1000-31-16-9. 7:55 p.m. Appl. No. 3755SE - TIMOTHY COFFE¥ AND THE COVE AT SOUTHOLD~ INC. Special Exception to the Zoning Ordinance, Article III, Section 100-30C, for permission to erect Page 3 - Notice of Hearings Regular Meeting of October 6, 1988 Southold Town Board of Appeals off-premises sign. Location of Property: South Side of Main Road, Southold, NY; County Tax Map Parcel No. 1000-75-06-7.3. (Recessed from Prior Meeting). 8:00 p.m. Appl. No. 3758 - THEODORE KUDLINSKI, JR. Variance to the Zoning Ordinance, Article III, Section 100-31 for £ permission to construct open deck addition with an insufficient rearyard setback from existing dwelling, at premises known as 605 Highwood Road, "Highwood at Balrview" Subdivision Lot No..8, Southold, NY; County Tax Map Parcel No. 1000-78-9-50. 8:05 p.m. ELSIE D. YOUNG. Appl. No. 3760SE - Special Exception to the Zoning Ordinance for permission to establish Accessory Apartment in an existing dwelling structure in accordance with the requirements of Article III, Section 100-30B, subsection 15. Location of Property: 480 Grissom Lane, Southold, NY; County Tax Map Parcel No. 1000-78-1-10.3. Appl. No. 3761-V - Variance to the Zoning Page 4 - Notice of Hearings Regular Meeting of October 6, 1988 Southold Town Board of Appeals Ordinance, Article III, Section 100-30B(15){M} to allow conversion of dwelling for Accessory Apartment with Certificate of Occupancy dated after January 1, 1984, although Affidavit of~ Building Inspector indicates dwelling met the requirements for a Certificate of Occupancy had application been made in a timely fashion. Location of Property: 480 Grissom Lane, Southold, NY; County Tax Map Parcel No. 1000-78-01-10.3. 8:15 p.m. JOHN T. BEEBE - Variances to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient area and width of two propDsed parcels in this proposed set-off division of land, located along Beebe Drive, Cutchogue, NY; County Tax Map Parcel No. 1000-103-3-part of Lot 5. 8:20 p.m. ROBERT AND DIANNA BAKER. Special Exception to the Zoning Ordinance, Article III, Section 100-30B(16) for permission to establish Bed and Breakfast establishment in an existing dwelling, at premises known as 2900 Boisseau Avenue, Southold, NY; County Tax Map Parcel No. 1000-55-6-9. Page 5 - Notice of Hearings Regular Meeting of October 6, 1988 Southold Town Board of Appeals 8:30 p.m. Appl. No. 3779 - PETER AND DESPINA MARKOPOULOS for a Variance to the Zoning Ordinance, Article III, Section 100-31 and prior Appeal No. 3623 rendered May 11, 1987 for approval of structure(s) with reduced sideyards, at premises known as Lot 916, Sound Beach Drive, 1000-99-1-24. Captain Kidd Estates, along the south side of Mattituck, NY; County Tax Map Parcel No. 8:40 p.m. Appl. No. 3769SE - CUTCHOGUE FARMS LTD. (a/k/a GRISTINA VINEYARDS). Special Exception to the Zoning Ordinance, Article III, Section 100-30B for permission to establish Winery, at premises located along the north sid~ of the Main Road, Cutchogue, NY; County Tax Map Parcel No. 1000-109-01-13. 8:50 p.m. Appl. No. 3764 - DENIS O'BRIEN for Variances to the Zoning Ordinance, Article III, Section 100-31 and Article XI, Section 100-119.1 for permission to erect tennis court with 10-ft. high fencing and gazebo structure in an area other than the required rearyard, at premises identified on the Suffolk County Tax Maps as District 1000, Section 3, Block 3, Lot 3.5, along Private Road, Fishers Island, NY. Page 6 - Notice of Hearings Regular Meeting of October 6, 1988 Southold Town Board of Appeals 8:55 p.m. Appl. No. 3778 - BRETT AND JANET KEHL- Variance to the Zoning Ordinance, Article III, Section 100-32 and removal of Conditions rendered under Appeal No. 3641 on June 18, 1987 in order to allow conversion of the subject building as livable area in proposed reconstruction plan of dwelling, at premises known as 5500 Main Bayview Road, Southold, NY; County Tax Map Parcel ID No. 1000-78-4-32. r 9:05 p.m. Appl. No. 3774SE - H & S ASSOCIATES Special Exception to the Zoning Code, Article VII, Section 100-70B for permission to construct addition to existing building, (maintaining the westerly yard setback)~for use partly for sales of auto parts, added storage, and engine-rebuilding shop, at premises located along the north side of the Main Road, Cutchogue, NY; County Tax Map~Parcel No. 1000-102-2-24. 0 9:15 p.m. Appl. No. 3776 - HOWARD AND MARGARET BRODIS. ~ ecial Exception to the Zoning Ordinance, Article III, Section 0-30B(15) for permission to establish Accessory Apartment in a oposed addition to existing dwelling, at premises known as 435 stward Ct., Mattituck, NY; County Tjx Map Parcel No. ~ -115-7-9. ~ Page 7 - Notice of Hearings Regular Meeting of October 6, 1988 Southold Town Board of Appeals 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 please call 765-1809. the time allotted. For more information, Dated: September 16, 1988. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN By Linda Kowalski No~c~g ~e~wspapers: Please publish the above Legal Notice once, to wit, Thursday, September 29, 1988 and forward 11 Affidavits of Publication to: Board of Appeals, Main Road, Southold, NY 11971. FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL,: 765-1803 Disapproved a/c ..................................... (Building Inspector) APPLICATION FOR BUILDING PERMIT Received ........... ,19... Date ................... 19... · ' INSTRUCTIONS ~ a. This application must be completely filled in by typewr~er or in ink and submitted to the Building Inspector, with 3 ~ts of plans, accurate plot plan to scale. Fee according to schec~ule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets ,r areas, and giving a detailed description of layOut of property must be drawn on the diagram which is part of this appli- ation. 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 hall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever unti~a Certificate of Occupancy hall 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 luilding Zone Ordinance of the Town of Southotd, Suffolk County, New York, and other applicable Laws. Ordinances o ~egulations, fol' the construction of buildings, addition~ or alterations, or for removal or demolition, as herein described. 'he applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to dmit authorized inspectors on premises and in building for necessary in~ections. ....~..~.>~./,'S~ct-c~;./:~./4~c. ~,9c , ....... (Signature of applicant, or name, if a corporation) ... !.~.m....~.~( .~..,~:..~.. ~./.,.~.~/. ............ .... ,.:..~..:..~../~,. ~.¢..~n;~ L'.... ..... ,. ....... (mailing address or app:~±canr) ~tate whether applicant is owner, lessee, agent, architect, en~nee~, general contractor, electrician, plumber or builder. ............ b. d.~.4 ¢:-..: ........................................................................ 'qa,ne of owner of premises .... ~(~:)OdT. Ce...~..,.: .Cky)9/r..: .~..~..~.C./~/../~. g.~ ........................... (as on the ta~ roll or latesf/deed) If applicant is a corporation, signature of duly au[horized officer. I / / ' - , t .... ........... (Name and title of corporate officer) ruilder's license ~o..../.~.> f-7../C'/, ."~.. _.. Plumber's License No.. ~.: .~.D'~ .......... Electrician's License No... ~...~.. ............... Other Trade's License No ........................ I. Location of land on which proposed work will be done .................................................. House Number C/ Street ~ Hamlet (.] County Tax Map No. 1000 Section'.... l .Q o9~ ......... Block ....... ~ ' Lot .... ~ ........... · ' "' (Name) 1. State existing use and occupancy of premises and intended Use and occupancy of proposed construction: b. Intended use and occur~ ' -. Nature of work (check which applicable): New Building .......... Addition... '~. ..... g2teration .......... Repair . .~. ........... Removal .............. Demolition .............. OtherWork ............... (Desc~pfion} Estimated Cost ........ ~,.9.¥ (2.'-1~-~, ~ Fee (to be paid on filing this application) If dwelling, number of dwelling units ............... Number of dwelling units on each floor ................ If garage, number of cars ........................................................................ if business, commercial or mixed occupancy, specify nature and extent of each type of use ..................... Dimensions of existing structures, if any: Front ............... Rear .............. Depth ............... lleight ............... Number of Stories ........................................................ Dimensions of same structure with alterations or additions: Front ................. Rear .................. Depth ...................... Height ...................... Number of Stories ...................... Dimensions of entire new construction: Front ............... Rear ............... Depth ............... Height ............... Number of Stories ........................................................ Size of lot: Front j~.'¢. ,4 ' Rear /&A..t ........... Depth . Date of Purchase ............................. Name of Former Owner ............................. Zone or use district in which premises are situated ..................................................... Does proposed construction violate any zoning law, ordinance or regulation: . .©.~D ......................... Will lot be regraded ....... ~o.. .................. Will excess fill be removed from premises: Yes Name of Owner of premises ,/~l. l a,~co .ke~.%c4 ..... Address /."Itc~l~ l c,~t ~,~ ~. c~ Name of Architect . ~_uo am ~. O~P,,¢;...../. ...... Address ./D.. &~-.~. ~t../~.~]. '..a~.~.~ql!~hone No.. 7.&. ¢.x ;~.ff(~... Name of Contractor '~.Ob ~. ff~ ¢.r'.'/O.o~'. ......... Address .~.3T.~/.' ~.o. ir CY~.{!~.' ./.~... Phone No. '77~: C:j~.~c/ .... · Is this property located within 1~0 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 )perty lines. Give street and block number or description according to deed, and show street names'and indicate whether erior or coruer lot. ~.TE OF NEW YORK, UNTY OF ......... S.S ............................................... being duly sworn, deposes and says that he is the applicant (Name of individual signing contract) ~ve named. is the ......................................................................................... (Contractor, agent, corporate officer, etc.) said owner or owner~, and is duly authorized to perform or have performed the said work and to make and file this ,lication; that all statements contained in this application are true to the best of his knowledge and belief; and that the :k will be performed in the manner set forth in the application filed therewith. ~ru to before me this ............. [.~. ...... day of ......... ~ ........ 19 ~.~ TOWN OF S6UTHOLD, NEW YORK ACCESSORY APARTMENT APPLICATION FOR SPECIAL EXCEPTION TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK: Application No. ,~'TV~ Date Filed: -' (Hamlet,/State, ' hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE, ARTICLE ~ , SECTION /00-20~/~f, SUBSECTIOk 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. r//gY~/~/ ~/ /~/&d /~/~ is (~re)the owner,s)of proper~y known and r~?erred to as ~ [ ~.~ ~/. ~/'/~. (House No., Street, Hamlet) identified on the Suffolk County Tax Maps as District 1000, Section Lot ~ , which is (is not) on a subdivision map (Filed ~ap of "Filed Map No. ). The above-described proper~y was acquired by the owner on ~ ~ B. The applicant alleges that the approval of this exception would be in harmony with the intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefor in said ordinance and would not be detrimental to property or persons in the neighborhood for the following reasons: C. ~n addition to ~eet~ng the standards prescribed b~ the zoning ordinance, the following requirements w~] 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) 7. 8. 9. 10~ 11. 12. 13. 14. 15. COUNTY OF SUFFOLK) STATE OF NEW YORK) ss.: Sworn to before me this ~m day of The accessory apartment shall contain not less than four-hundred fifty (450) square feet of livable floor area. The accessory apartment shall not exceed forty (40%) percent of livable floor area of the existing dwelling unit. A minimum of three off-street (on-site) parking spaces shall be provided as shown on the attached plan. Not more than one (1) accessory apartment will be on this'p~rcel'~ The accessory apartment will meet the requirements of a dwelling unit as defined in Section 100-13 of the Zoning Code~ The exterior entry to the accessory apartment has not changed the existing exterior appearance of a one-family dwelling° 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. 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. This conversion shall be subject to inspection of the Building Inspector and Renewal of Certificate of Occupancy annually. 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. 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 Southoldo 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. Th~property which is the subject of this application is zoned /~_~/~ ~/ 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) ~ ~~ .~ ~ (Notary Public) ZB5 2/6/86 TOWN OF SOUTHOLD PROPERTY ~[ECORD CARD P~'NER - '- STREET VILLAGE - DIST. ' SUB. LOT ]RMER OWNER N E / ~ A~R. ' LT44Z illa~e . ., FRONTAGE ON WATER I~la~ .... . FRONTAGE ON ROAD ~2~ ~ ~ 2 - DEPTH ~ - ' /. BULKH~D COLOR Pc/ch /H: ?9? Basement Ext. Walls Fire Place Roof Floo~ Interior Finish Heat Rooms 1st Floor Rooms 2nd Floor Driveway Dinette MARC H. LEVEY ~, BEVERLY LEVEY ~,PR 2o,~987 ~Q: FROM: DATE: RE: Valerie Scopaz, Planning Department Zoning Board of Appeals August 13, 1990 Requested information regarding accessory apartments APPL. NO. ACCESSORY APARTMENTS SPECIAL EXCEPTIONS NAME PARCEL DATE DECISION 3826 3776 3760 3728 3709 3597 3568 3499 3929 2796 3952 The following Gladys Howell 70-2-2 3/16/89 Denied w/prej. 10/26/88 Denied 11-16-88 C.A. 7-14-88 C.A. 5/12/88 C.A. 3/5/78 C.A. 12/11/86 C.A. 7/31/86 C.A. 5/30/90 C.A. 4/2/81 Denied 8/8/90 Denied Howard Brodis 115-7-9 Elsie Young 78-1-10.3 Anthony Sturcken 85-2-12.3 Edward Hanus 115-11-3 Robert Dier 65-7-20 Stamatios Rapankis 55-6-40 Daniel Jerome 75-2-3.1 Vincent Annabel 137-2-21 Peconic Corp. 115-9-4 Bruce Blasko 40-5-90 Applications have not had a hearing. 3964 Kenneth Minnick 124-1-3.2 7/23/90 (filed) 3959 Joseph Hardy 114-11-05 7/5/90 (filed) JUDITII T. TERRY TOWN ('LERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 January 23, 1986 PLEASE TAKE NOTICE that the Town Board of the Town of Southold, at a Regular Meeting held on January 21, 1986, adopted Local Law No. I - 1986 entitled, "A Local Law in relation to Accessory Apartments in existing dwellings," a copy of which is :attached hereto. Please sign the duplicate copy of this letter and return to me in`the enclosed self-addressed stamped envelope. Enclosure Judith T. Terry ~ Southold Town Clerk CC: Suffolk County Department of Planning Long Island State Park Commission Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Board of Appeals*"' Southold Town Building Department LOCAL LAW NO. 1 , 1986 A Local Law in relati(~n to Accessory Apartments in existing dwellings BE IT ENACTED by the Town Board of the Town of Southold as follows: Chapter 100 (Zoning) of the Code of the Town of Southold is amended as follows: Section 100-13 thereof (Definitions) is amended by adding the following thereto: ACCESSORY APARTMENT - A dwelling unit created in a presently existing one-family dwelling pursuant to Section 100-30B(14).  Section 100-30B (Special Exception uses) is amended by adding a new section thereto, to be subsection ~ to read as follows: ) One accessory apartment in an existing one-family dwelling, subject to the following requirements: '" ~ ~ (a) The accessory apartment shall be located in the principal building. (b) The owner of the existing dwelling shall occupy one of the dwelling units as the owner's principal residence. The other dwelling unit shall be leased for year-round occupancy, evidenced by a written lease for a term of one or more years. (c) The existing one-family dwelling shall contain not less than sixteen hundred (1,600) square feet of liveable floor area. (d) The accessory al~artment shall contain not less than four hundred fifty (450) square feet of livable floor area. (e) The accessory apartment shall not exceed forty (40%) percent of liveable floor area of the existing dwelling unit. (f) A minimum of three (3) off-street parking spaces shall be provided. (g) Not more than one (1) accessory apartment shall be permitted on a lot. (h) The accessory apartment shall meet the requirements of a dwelling unit as defined in Section 100-13 hereof. (i) (j) (k) The exterior entry to the accessory apartment shall, to the maximum extent possible, retain the existing exterior appearance of a one-family dwelling. All exterior alterations to the existing building, except for access to the apartment, shall be made on the existing foundation. Certificate of Occupancy shall terminate upon the transfer of title by the owner, or upon the owner ceasing to occupy one of the dwelling units as the owner's principal residence. In the event of an owner's demise, the occupant of an 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. (I) All conversions subject to inspection of Building Inspector and Renewal of Certificate of Occupancy annually. II. The building which is converted to permit an accessory apartment shall be in existence and have a valid certificate of occupancy issued prior to January 1, 1984. (n) The existing building, together with the accessory apartment, shall comply with all other requirements of Chapter 100 of the Town Code of the Town of Southold. (o) Notwithstanding the provisions of Section 100-30B hereof, no site plan approval by the Planning Board shall be required for the establishment of an accessory apartment. This Local Law shall take effect upon its filing with the Secretary of State. October 6, 1988 Mr. Gerard P. Goehrlnger The Southold Town Board of Appeals Dear Mr. Goehrlnger, Re: Brodis Application As property owners on Eastward Court in Mattituck we hereby oppose the construction of an Accessory Apartment at premises known ss 435 Eastward Court in Mattituck, currently owned by Howard and Margaret Brodis. Our reason's for this opposition are as follows: 1. W~ do not want Eastward Ct. to become a two family dwelling, we want it to remain one family. 2. We oppose any luther possibility of the Accessory Apartment becoming a rental whether legal or illegal. 3. If the Bro~ls's decide to sell what guarantee will we have that the new owners will not rent. If this exception is approved won't this set a pressident where aa, other homeowners can 4o the same. Please note that we donot oppose the taking in of the Pora~ts, however, since the parents are up in age and extension within the guidelines would meet their needs and would avoid a full Accessory apt. and all possible problems in the future. 265 Eastward Court Mattituck, New York October 3, 1988 11952 Town of Southold Board of Appeals Main Road Southold, N.Y. 11971 Mr. Chairman: As adjacent property owners of Howard and Margaret Brodis. My wife, Sharon, and I would like to go on record opposing the application for a "Special Exception". Although we can understand the reason for the Brodis application, we feel the Town Code is specific in its requirements for granting Special Exceptions as to accessory apartments. We feel the application should be denied for the following reasons: Section 15 subsection (a): "The-accessory apartment shall be located in the principle building." I do not'believe it was the intention ~f the Board to allow new construction for the sole purpose of creating sufficient space for an accessory apartment. I do believe it was meant for existing structures. Section 15 subsection (c): "The accessory apartment shall not exceed forty percent (40%) of liveable floor area of the existing dwelling unit." By my rough cal- culations, should the Board allow the new construction, it (the apartment) would increase the size of the existing dwelling unit by fifty-six percent (56%). Section 15 subsection (j): "All exterior alterations to the existing building, except for access to the apartment,, shall be made on the existing foundation." I do not believe the construction of a 35' X 27' addition would be possible on the existing foundation. Oct 3, 1988 -2- Brodis application Section 15 subsection (m): "The building which is converted to permit an accessory apartment shall be in existance and have a valid certificate of occu- pancy issued prior to January 1, 1~84." The existing house is not, in my opinion, being converted. It is being altered. Thus, again, not meeting the present requirements. We thank the Board for its time in this matter. Cordially, Marcus and Sharon Burden 575 Eastward Court Mattituck, New York September 16, 1988 11952 Zoning Board of Appeals Town of Southold Town Hall 53095 Main Road Southold, New York 11971 Re: Special Exception Request by Howard and Margaret Brodis Dear Sirs: I request the Zoning Board of Appeals to deny consideration of proposed addition for the following reasons: a) It would ruin the attractiveness of the neighborhood, that is the sprawling effect of one family per acre at the premium price we paid thirteen years ago. This addition would be totally visable from my living room picture window(please see attached photos.) The pre- vious owners already had erected an eight square foot garage and a fourth bedroom and bath that is attached to the hause. Environmental unpredictability of the future of a two family dwelling, meaning if the Brodis family sold their house or the parents of ~rs. Brodls deSided to leave for medical or other reasons, there is no way to determine the number of people that would reside on that acre. The water table in this particular area is already critical for shallow well owners. Further demands on the water table and additional cesspools proposed would dis- rupt original density planning of one home per acre. c) Actual need - I think there are many other options for parental care that have not been explored. This addition has more than half the living space of the existing structure. Page 2 My wi~e and I were born and raised in Southold Town and feel very fortunate to be able to own a home and work here unlike very many of our peers who after attending high school and college decided to move on to other areas because of employment and high housing costs. Thirteen years ago my wife and I pur- chased our home at a premium price, avoiding high density of half acre land even though the cost of such lots were cheap compared to the financial sacrifice we made. Even then our con- siderations were on the in-flux of people and the effects on local environment. Presently, we are drawing water from our second new shallow well and being informed by local well-drillers that the water table has dropped six feet since the original well. This means that some time in the near future a deep well costing several thousand dollars will have to be drilled which would be a real financial burden. This situation could be made critical very quickly if more demands are placed on our water supply not to mention the effect of additional cesspools for waste. Another reason my wife and I are opposed to an addition is our house is setback at an angle(see survey map) being slightly on the turn of the culdesac. We would indeed have full view of this addition every time we look out our living room picture window. The Brodis family currently have a four bedroom home with two children. It seems with proper planning a dormer, basement, or existing two car garage could be renovated to meet their needs without changing the outside existing structure. Any separate apartment would be very attractive to a potential buyer sub- sidizing the cost of the house by renting out an apartment. If the reasons for the addition is to maintain the care of elderly parents, why is the square footage nearly twice that of a normal mobile home. N~V own mother who is a widow with medical problems (heart and diabetes) lives very comfortably in a five hundred square foot mobile home in Riverhead, an adult mobile home park of which there are more than fifteen of in the River- head area. I can also draw from my own personal experience of having my own grandmother living in my house when I was a child. Due to medical and financial reasons, she had her own bedroom but she ate at our table, sat in our living room and was a proud part of our family and did not require nearly a thousand square feet of private living space. I am sure the Brodis family has very pure intentions as every person has parents and should have obligations to assist them in their health and welfare, but I feel they have not considered all their options. The Brodis Page 3 family has lived in their present house slightly over a year and surely their parents age and health should have been given consideration when they purchased the house they live in without effecting all reasons the other families invested in this neighborhood. In conclusio~ I hope I have conveyed my opposition validly. These days with all the due concern over environmental situations as wetlands and creeks, I would like to focus conservation on our drylands from over population and the ripple effect of too many people being situated on too little land. Thank you ~uly ~ours, T~omas and Joyce Rempe Adjacent property owners on the south side of the Brodls property ACCLSSORY APARTMENTS Article III - Section 100-30B 15 § 100-30 SOUTHOLD CODE § 100-30 (10! V~terinarian offices and ..im.I hospitals, subject to tim following requirements: (at) The housin8 of all anhnals sh~l ho in a fully enclosed structure if nearer than one hundred (100) feet to any Io~ line. (11) Cemeteries. (12) Stsblez ~d ~ academies. {13! Funeral homes ~md undertak/n~ establishments. (14l ~Wineries for the production and retail sale of wine produced ~rom grapes primarily grown on the vineyard on which such wine~, is loca~i. [Added 2.1- 83 by L.L. No. 2-1983] (15) [Added 1-21-86 by L.L. No. 1-1986] One (1) accessory apartment in an exist/ng one-family dwelling, subject to the followin~"~uirement~: "(ii The accessory apartment shall be located in the /~'~_ principal build~ing. lb) The owner of the existing dwelling shall occupy one (1) of the dwelling uni~ as the owner's principal residence. The uther dwelling unit shall be lea~ed for year-round occupancy, evidenced by a written le~se for a term of one (1) or more years. lc) The e~isting one-family dwe]llng shall contain not lezs than one thousand six hundred ll,600) square feet otliveable floor are~ (d) The accessory apartment shall contaln not less than four hundred fifty (450) square feet of livable floor (e) The accessory apar tmont shall not exceed for ty Per- cent (40%) of liveable floor area of the existing dwelling unit. (0 A minimum of thine (3) off-str~et parking spaces shall be provided. (g) Not more than one (I) aece~ory apartmont shall be permitted on a lot. The accessory apartment thall meet the require- menta of a dweiling unit aa defined in § 100-13 hereof. The exterior entry to the accessory apartment shall, to the maximum extent possible, retain the existing_. ,~,..,~nce of a one-family dwelling. All exterior alterations to the existing building, ex- cept for acceas te the apartment shall be made on the ex/sting foundation. The certifie~to of ~ceupaney shall to~'min~te upon the transfer of tille by the owner, or upon the owner ceasing to occupy one (1) of the dwelling unite ~s the owner's pr/ncipal residence. In the event of ~n own. era demise, the occupant of an accessory apartment may continue in occupancy until a new owner shall occupy the balance of the dwelling or one (1) year 0ccur.fr°m date of ~aid demise, whichever shall first All conversions shall be sub~t to insl~ction of the Building Inspector and renewal of cert/ficate of cupaney annually, The building which is converted to permit an acces. Southold. .~Ur4d~mized.~d~d~' a~t,on to ~,s ~u~c'y l, ~ violation of ~ubM?4ue~t owrm~ LOT 4 REFERENCE ' EASTWARD MANOR /%-b / ~¢. ~.) /~-XF,/ -- /oo ...) 2 7,x ~/2 :- 3~ ~.~.~'~~_,~,.~ Southold Town Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONtS, .JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DIN[ZIO, JR. November 30, 1988 Mr. & Mrs. Howard Brodis 435 Eastward Court Mattituck, NY 11952 Re: Appeal No. 3776 - Special Exception (Acc'y Apartment) Dear Mr. & Mrs. Brodis: Transmitted herewith for your record is a copy of a letter received from the Suffolk County Department of Planning on the above referenced Appeal. Yours very truly, tr Enclosure GERARD P. C4AIRMAN GOEHRINGER DEPARTMENT OF PLANNING COUNTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE 360-5513 Town of Southold Zoning Board of Appeals November 22, 1988 Applicant: Howard & Margaret Brodis Mun. File No.: #3776 S.C.P.D. File No.: SD-88-34 Gentlemen: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or disapproval. Comments: Appears inappropriate as applicant is unable to demonstrate compliance with applicable special exception criteria. - Very truly yours, Lee E. Koppelman Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 r|OUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ~C~T J. gCU~L~CC JOSEPH H. SAWlCKI James D±n±zio, Jr. Pursuant to Board of Appeals the following to Article XIII of the Suffolk County Charter, the of the Town of Southold, New York, hereby refers the Suffolk County Planning Commission: Variance from the Zoning Code, Article , Section Variance from Determination of SouthOld Town Building Special Exception, Article III, Section iO0-30(B) (i5) Special Permit Inspector Appeal No.:3776 .Applicant: Howard & Margaret Brodis Location of Affected Land: ~5 Eastward Court, Mattituck, NY County Tax Map Item No.: 1000- 115-7-9 Within 500 feet of: Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) X State or County Road, Parkway, Highway, Boundary of Existing or Proposed County, Boundary of Existing or Proposed County, Other Recreation Area Thruway State or Federally Owned Land State or Federal Park or or Existing or Proposed Right-of Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Established Channel Lines, Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. COMMENTS: Applicant is requesting permission to build accessory~apartment in existing dwelling. Copies of Town file and related documenCs enclosed for your review. Dated: Noven~er 17, 1988 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I,, N.Y. 11971 TELEPHONE (516) 765-1809 November 9, 1988 Mr. and Mrs. Howard Brodis 435 Eastward Ct. Mattituck, NY 11952 Re: Appl. No. 3776 Special Exception (Acc'y Apartment) Dear Mr. and Mrs. Brodis: Transmitted for your record is a copy of the official findings and determination rendered by the Board of Appeals the above matter. in Yours very truly, lk Enclosure CERTIFIED MAIL GERARD P. GOEP. ~ c£~_ CHAIRMAN P 933 159 304 RECEIPT FOR CERTIFIED MAIL (See Reverse) SENDER: Complete Itema I and 2 when additional services ara d~lred, and complete Iteml 3 and 4. Put your addre~a in the "RETURN TO" Space on the reverse ilde. Failure to do thll will prevent thll 1. [] Show to whom dallvared, data, andaddre#ee'laddr~. 2. [] R~trlcted Delivery t (Exrm cher~)t t(Extre 3. Article Adclre~ed to: . , 4. Article Number Type of Service: ~ or ~d DATE DELIVERED. TOWN OF SOUTHOLD ZONING BOARD OF APPEALS REGULAR HEARING OF THURSDAY, OCTOBER 6, 1988 Appl. No.: 3776 Applicant(s): HOWARD AND MARGARET BRODIS Location of Property: 435 Eastward Ct., Tax Map ID No.: 1000- Mattituck October 6, 198~ Regular Meeting Present were: Chairman Gerard P. Goehringer; Member Charles Grigonis, Jr.; Member Serge Doyen, Jr.; Member James Dinizio, Jr. Absent was: Member Sawicki (due to serious family illness). Also present were: Board Assistant Linda Kowalski, and approximately 40 persons in the audience. The Chairman read the Legal Notice for this hearing, as published in the suffolk Times and L.I. Traveler-Watchman, Inc. CHAIRMAN GOEHRINGER: I have a copy of a survey produced by Anthony J. Lewandowski dated December 24, 1986. It doesn't really make any difference other than I'm referring to it. We have penned in on the southside of this existing one-family dwelling with attached garage and deck an addition of approximately 33 by 35. A proposed addition of 33 by 35. And a deck area to be added to the rear of the structure. Again proposed. But there was an existing deck there. And I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Would you like to be heard sir? Would you like to use the mike? MR. BRODIS: Good evening. I'm Howard Brodis. I'd just like to express my displeasure with my neighbors over there with their untimely fashion in which they submitted their letters of com- plaint concerning the extension that we're proposing. We cer- tainly gave them plenty of notice. A good months notice that we were planning this extension. And they seemed to find no time to come and express their complaints to us. After all, they do live next door to us. In fact, in one case, one of. our neighbors said that they certainly did not mind the extension when my wife asked them. And I'm hurt when I find that they filed their let- ters of complaint the date of the hearing, giving me absolutely no time to address their complaints. So I just wanted to express that displeasure. CHALRMAN GOEHRINGER: Have you read the letters. MR. BRODIS: I have. I certainly have. This is the first that we've seen of them because the were filed the day of the hearing. That certainly is discourteous and inconsiderate to act in that fashion and I want to make sure that they understand that. I certainly wouldn't do that unkind to them. To go beyond that, I want to make sure that everybody is aware of the fact that this extension is for the purpose of providing living space for my elderly in-laws. My father-in-law being 82 years of age, who ~age 2 - Thursday, O~obe~6, 1988 Public Hearing - HOWl ~MARGARET BRODIS Southold Zoning Board-~f Ap---peals MR. BRODIS (continued): suffers from a back condition and suffers from emphazema and his wife who is age 87 and has it impossible to continue look after my father- in-law. So for those reasons, we wish t~ put the extension on the house and provide living space for my in-laws so that we can allow them to live in top fashion. I think you'll see by the plans that we submitted to you, that the extensionilis done in good taste. It main- tains the integrity of the cul-de-sac. And that there would be ~no way of anybody knowing that my family was living in the extension because it looks as if it is truly a one-family house which I believe it really is a one-family house because it's only family that's moving into it. So under those circumstances, I feel that the extension that's proposed is not going to hurt the appearance of the neighborhood. And it's cer- tainly well intentioned for the benefit of my parents that can no longer live on their own. CHAIRMAN GOEHRINGER: It would be unkind of me _ Mr. Brodis to let you leave this hearing without indicating to you the problem that we have with this particular hearing. And I'll do it as quickly as I can. The purpose of the accessory apartment law was basically the utilization of existing structures. There was no provision in the law to actually add to a structure. And this is a difficult application for us. In the respect that you are making an addition to your dwelling for the pur- pose of utilizing, and in all due respect, I understand your problem and we sympathize with you and we know that situation. And I don't really like to compare it to other applications that we have had to- night, but it is somewhat similiar to the Young application that we had and I'm not talking about the merits of that application other than the fact that in that application they were utilizing the existing structure. And we will definitely take a hard look at this. But I really don't know how far we can go under the guise of the special exception in reference to an addition. If you were asking to convert the garage area and a portion of the house, I would have absolutely no objection to that. But because of the addition to this particular dwelling, again, which I agree with you, is tastefully done. It's just not within the particular perimeters of what we can deal with on the special exception and I hope you understand that. But we are going to take a hard look at it and see what we can do. But I hope you understand that and please... It's a problem that we have, not so much with the nature of the accessory apart- ment law, but it's definitely a situation that we are dealing with based upon the intent of the law. And the intent of the law was to utilize the existing structures in town as they exist today. So we were not... And it's my understanding that when the law was originally put into place, that it was to deal with the houses that could be utilized for this particular purpose without additions to the house. But go ahead, I've spoken enough. MR. BROD~S: The way I understand what you're saying is that the inten- tion of the law was to only provide space within the existing dwelling for the purpose of a mother/daughter type of situation. Yet, after reading the list of regulations that you have to abide by, I think it clearly states that you can certainly add an addition to your house for that purpose as long as it meets certain criteria. ,Page.3 - Thursday, O~obe]~6, 1988 Public Hearing - HO~D ~ MARGARET BRODIS Southold Zoning Boar~ of ~ppeals CHAIRMAN GOEHRINGER: Well, I can go down the law with you at this par- ticular point. But I think because of the agenda that we still have to follow, you're welcome to look at it. The only thing you can't do is add to the file after I close the hearing. But we will definitely out- line that and I will tell you that if for some reason there is a dis- approval of this application, it would be done without prejudice and we would entertain that you come back and utilize the existing struc- ture which would basically be the garage. That would not preclude you from building another garage someplace else for the housing of your vehicles. But that's what I would suggest. I'm not saying that that's the case. I'm saying that that's the way the intent of the law was and that's what I'm looking at at this particular time. I don't have no idea how my fellow Board members feel and that's basically the situation as it stands. But I don't want you to leave here understanding the fact that we are definitely going to approve this application. Because at this particular point, that's the problem that I have with it. I have, not them. I have no idea about them. We have not discussed it. We have not gone out and looked at it independently. I'm sorry, together. ~-~' And discussed. We look at it independe~ntly and we go down and ride down~ the road as I had done. So I just wanted you to be aware of that. We will see what developes throughout the hearing. And think about that situation for a little while while other people speak and then you're welcome to come back and react to it. Thank you sir. Is there anybody else who would like to speak in favor of this application? Yes sir. Dr. Levey: November, '86. In November of '86, my wife and I submitted a set of plans not identically in structure but identical in intent to Mr. Brodis' plan, to this Building Department. Plans were given to or I discussed with Mr. Lessard to begin with. I was very concerned about everything that you were just talking about. His response to me was; if this is to house your in-laws, you're talking about a one-family house. You can put any kind of an addition you want on your house. I was some- what surprised by that presentation. We submitted the plans for a permit on Monday. The permit was granted on a Thursday. We built the house. We built the addition where my wife's ~other is currently living. I think anyone who would look at the house could see that it did not create an eyesore. If you would llke, I would show you pictures of it. CHAIRMAN GOEHRINGER: Let me just ask you, it's Dr. Leavy. the house utilize two kitchens? Doctor, does Dr, Levey: There is a second kitchen in the addition. CHAIRMAN GOEHRINGER: And was that placed in the plans of the house? Dr. Levey: Yes sir. CHAIRMAN,GOEHRINGER: In my particular opinion, and I'm not here to degre- gate anybody, but in my particular opinion as I sit here and you tell me this, I think that the Building Inspector was misconstrude in-basically approving those plans and this is basically what I'm trying to soften with the Brodis' is that that situation here of people that have come ~ forward attempting to do this under the special exception situation and they have not. Under the present situation, I can't approve it.. I can't personally but I'd be very happy to sea the pictures. Bring us it all. In fact, Doctor if you don't mind, we'll borrow it and give it back to you. ~age 4 - Thursday, O~be~, 1988 ~ublic Hearing - HOW~) ~MARGARET BRODIS S. outhold Zoning Board of Appeals Dr. Levey: As long as you promise to give it back. CHAIRMAN GOEHRINGER: We'll just up. I won't look at it right at It's probably on the c.o. take a look at it. I'll band it right the moment. Is your address on ~ere. Dr. Levev: Here is the c.o. Here are the pictures. You've got plans and I think the approval for the cesspool. It's all there. CHAIRMAN GOEHRINGER: Thank you very much sir. Could I just ask you one other quick question doctor? In dealing with this, there was no religious reason to have a second kitchen or anything of that nature. It was mainly for the utilization of basically a two-family type of structure. Is that correct? There was no religious reason for a second kitchen or anything of that nature. Dr. Levey: No. CHAIP~MAN GOEHRINGER: Thank you very much. Is there anybody else that would like to speak in favor of the application? Anybody like to speak against the application? Yes sir. Kindly use the mike and state your name. MR. BURDEN: I live at 265 Eastward Court. It's the adjacent property to Mr. and Mrs. Brodis. I would like to comment on Mr. Brodis' state- ment that we came down today and turned in our letters because he did not think it was timely of a neighbor. I would have liked to have had Mr. Brodis come over and say something to me that he was even consider- ing putting on an addition rather than just getting a certified letter and be told that it's no big deal. You don't even have to read it. Just throw it in a drawer and that would be the end of it. I also feel that besides what I wrote in my letter, I feel that if this addition is put on this house, it would devalue my property as a one-family house on one acre which is every house in that de,elopement is one-family on one acre. I can sympathize with his situation. I was in a very simi- liar situation but we had to find alternative methods to resolve the problem that we did have. I just think he could have come over and said this is what I want to do besides sending me a certified letter. CHAI~N GOEHRINGER: Thank you sir. like to speak against? Yes sir. Is there anybody else who would Tom Rempe: I live to the south of Mr. and Mrs. Brodis. And again, this is the invitation that I got. No mention was made that this was going. And excuse ourselves on doing this today Howie. I'm not a white collar worker with a secretary. My wife's mother is terminally ill. So we had a lot to do to get this together. And my exceptions are in th~ letter or my opposition to what is really going on. And the thing I don't think has been dea'lt with here, I think it's a great thing that he's trying to do and that's something that we all have. We all have parents and everybody wants to take care of them. But in the event that they get to the point that they have to be in a nursing home or the obvious thing happens, what happens to that apartment? Are you going to disassemble it? Or are we going to have nine people living'on an eight family road? ~age.5 - Thusday, Oct~ber~, 1988 Public Hearing - HOWw A~MARGARET BRODIS Southold Zoning Board--of A~peals CHAIRMAN GOEHRINGER: You're going to have pose those questions up here and he can reflect the answers to those questions later. MR. Rempe: This is a situation that's Qbvious that somewhere down the line we don't know what kind of line that will be or how long this will be vacant. There no longer will be people living in there. What is going to happen to the apartment? That's the big concern. When we bought this property 13 years ago, I paid a good price for this proper- ty and it was because everything was spread out. And now you get to the point where 13 years later, supposing everyone on that block wanted to put an efficiency apartment on it? You'd have 16 families living on the original 8-family, 8-acre cul-de-sac. CHAIRMAN GOEHRINGER: I understand. MR. Rempe: That's all I have to say. CHAIRMAN GOEHRINGER: Thank you very much sir. Is there anybody else who would like to...? Yes ma'am. MS. DELANEY: I also live on Eastward Court directly across the street from the Brodis'. Originally when I was told about the extension, I spoke very nicely about it because I know what it's like to have to take in your parents. However, I did not know the extent of the extension. Ahd when I saw the plans, I came to Town Hall and looked through the file. As a property owner, I feel I have rights. And what bothers me most is the fact that some day if their parents are not there, will there be a rental? Or if they sell that house, can the new owner rent it? We live in a one-family dwelling and that's exactly the way I would like to keep it. Thank you. CHAIRMAN GOEHRINGER: Thank you. Is there anybody else who would ~ike to speak against the application? Ok. Would you like to reflect any- thing Mr. Brodis or Mrs. Brodis? I would just like to keep it non-ac- cusatory. Don't point to anybody plea~. At the same time, .... MR. BRODIS: That was notice of our intent to put the extension on the house ..... CHAIRMAN GOEHRINGER: Mr. Brodis. MR. BRODIS: You kept quiet for the last 30 days. CHAIRMAN GOEHRINGER: Just wait one second. We just want to mention the certified mail situation. That of course is a requirement in the nature of the application. As for the other, that's purely voluntary on the part of the property owner basis. But go ahead and reflect what you were going to say in rebuttal. MR. BRODIS: I think that giving notice of our intention to put an ex- tension on the house, that if there were any complaints by our neighbors, they had more than enough time to walk 50 feet to our house and voice their objections. To say that they didn't have time in 30 days to voice their objections in a form of a letter, I think is simply a ploy. think it's a pretty obvious ploy as well. We certainly have had no chance to respond to any of their complaints. I would like to reassure · ,Page 6 - Thursday, O~obe~6, 1988 Public Hearing - HO~ ~MARGARET BRODIS Southold Zoning Board of ~ppeals MR. BRODIS (continued): any legitimate concerns which I heard tonight concerning possible use of that space which we want to provide for my in-laws, it's against the law to turn the house into a two-family house. Those rules are already laid down. The special exception doesn't give use the right to rent out that apartment and we have no intention to do so. We Would certainly be breaking the law if we did and I'm sure that our neighbors would be very much aware of any other family living in our house. So our intent is not build a two-family house. Our intent is simply to provide space for our parents which is nothing more than a mother/daughter situation. We have no inten- tion to rent out to anybody or provide space for the purpose of having an apartment for rent. So I hope that you understand that we are not that it's never been and never will be our intention to rent out that space. So that I believe is a legitimate concern that our neighbors might have. And I just want to re-enforce the fact that it's never going to be our intention to rent out that space and it's an illegal use and we understand that. CHAIRMAN GOEHRINGER: It's not really illegal. That's the purpose of the accessory apartment law. The intent of the law was to utilize an accessory apartment in what~ we refer to as a white elephant house. A large house, single-family, single-person family left. That was the original intent. And of course it's gone into other areas at this particular point as We assumed it was going to go into other areas. But you could actually rent it to someone else assuming that your parents moved out of the house as long as you remain the occu- pants in the primary structure. So that's the only... You miscon- strude it in that particular area. MR. BRODIS: On the sale of the house .... CHAIRMAN GOEHRINGER: It would be terminated. MR. BRODIS: Is it possible to sign a letter of intent that would state that we have no intention or that we will not or that the special exception is contingent on the fact that we will not use it for any other purpose other than providing space for my in-laws? CHAI~N GOEHRINGER: Well, you could give us an affidavit indicating that. MR. BRODIS: We would certainly be willing to do that. CHAIrmAN GOEHRINGER: Is there anything else? Your wife wanted to say something. You forgot what you wanted to say. Well we thank you. Is,there anything else anybody would like to reflect on this application? Yes ma'am. MS. DELANEY: I would just like to comment on the rental because that is what bothers me a lot. I mean I believe they have the intent not to rent it. That's not what I'm worried about. I'm worried about that five years down the road, he changes jobs or if something hap- . pens and he sold the house. The new owners .... . ,Page 7 - Thursday, ~obe~6, 1988 Public Hearing - HO~D ~ MARGARET BRODIS 'Southold Zoning Board of Appeals CHAIRMAN GOEHRINGER: It's terminated,upon the sale of the house. MS. DELANEY: Then what would someone do with two kitchens? CHAIRMAN GOEHRINGER: They would have to remove it. It would not be legal. MS. DELANEY: That's ok. CHAIRMAN GOEHRINGER: And they would have to come back to reaffirm the special exception under their names and their names only as owner occupier. MS. DELANEY: Thank you. CHAIRMAN GOEHRINGER: You're welcome. Any other comments? Yes sir. MR. Burden: : I have a question. You said they would have to re- move it and then reapply. What would happen if the property was sold and they reapplied? They wouldn't have to remove the kitchen right? As the new owner, theywould await a decision from the Zoning Board of Appeals, right? CHAIRMAN GOEHRINGER: They could do it contingent. Basically as con- tract vendees subject to receiving another special exception. MR. Burden: : And if they didn't receive the special exception, then the new owner could indeed rent the apartment and be perfectly legal. CHAIRMAN GOEHRINGER: That's correct. Hearing no further questions, i'll make a motion closing the hearing and reserving decision until later. We ~hank you all for coming in and being courteous. Ail in favor - AYE. BY APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONI$, JR. SERGE DOYEN, JR. RO~.:-RT J. DCUCLASS JOSEPH H. SAWlCKI Southold Town Board or-Appeals MAIN ROAD- -~TATE ROAD 25 SE]UTHI3LD, L.I., N.Y. 11971 TELEPHONE (516) 765 1809 September 14, 1988 Mr. & Mrs. Howard Brodis 435 Eastward Court Mattituck, NY 11952 Re: S.E. No. 3776 - Accessory Apartment Dear Mr. & Mrs. Brodis: This letter will acknowledge receipt of your recent application before the Board of Appeals. The Board members will be conducting inspections and reviews in accordance with State and local laws prior to advertising this matter for a public hearing. In the interim please furnish us with the livable square footage of the existing dwelling and of the existing dwelling with the proposed addition including the square footage of the livable floor area of the proposed apartment. If you are able to furnish the above on or before Friday, September 23 we should be in a position to calendar your case for a hearing on October 6, 1988. A copy of the legal notice as published in the Long Island Traveler-Watchman and Suffolk Times will be sent to you as confirmation following a resolution adopted by the Board. Please feel free to call at any time if you have any questions. Ver~ truly you~s,..~ GERARD P. GOEHRINGER CHAIRMAN tr Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 BOUTHOLD, L.I., N.Y. TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS October 6, 1988 GERARD P. GOEHRINGER, CHAIRMAN S. E · Q. R. ~.. CHARLES GRIGONIS, JR. SERGE DOYEN, JR. NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H. SAWICKI Notice of Determination of Non-Significanc~ APPEAL NO.: 3776 PROJECT NAME: HOWARD AND MA~GARETBRODIS 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 r~asons indicated below. Please take further notice that this declaration should not be considered a determination made for a~y other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [ .j~ Type II IX] Unlisted [ _] Exempt DESCRIPTION OF ACTiON:Establish Accessory Apartment in a proposed addition to existing dwelling LOCATION OF PROJECT: Town of Southold, County of~Suffolk, more particularly knQwn as: 435 Eastward Ct., M~ttituc~, NY 115-7-9 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 H~ll, 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. (3) Information. has been submitte~'by applicant or bis agen~ in- dicating that the project will not involve the disturbance of wetlands grasses or areas subject to flooding which maybe considered wetlands. mc ~ARINGS' H--'ff'ff'~y GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, thc following hearings will be held by the SOUTHOLD WN BOARD OF APPEAL at a Regular Meeting at the Southold Town Hall, Main Road, Southold, NY 11971, on THURSDAY, OCTOBER 6, 1988, at thc following times: 7:35 p.m. Appl. No. 3765-- JOSEPH SPITALIERE for a Variance to the Zoning Ordi- nance, Article Ill, Section 100-31 for the placement of a new dwelling structure with a re- duced setback from the front property line. Location of Pro- perry: Right-of-way located along the east side of Cedar Beach Drive, Southold, (just south of General Wayne Inn) and extending in an easterly and thence southerly direction to this parcel identified on the Suffolk County Tax Maps as 1000-90-4-14. 7:40 p.m. AppL No. 3768-- .F. RANK AND SANDRA CUR- RAN for a Variance to the Zon- ing Ordinance, Article Ill, Sec- tion 100-31 for construction of a pool with deck and fence en~ closure with an insufficient frontyard setback and excessive lot coverage (over 20 percent), at premises known as 780 Hay- waters Road, Cutchogue, NY; County Tax Map Parcel No: 1000-111-01-016. 7:45 p.m. Appl. No. 3763-- ~ for a Vari- ance to thc Zoning Ordinance, Article Ill, Section 100-31 for construction of an addition at the westerly side of the existing dwelling with a reduction in the total sidcyards, at premises known as 90 East Road, Cutch- ogue, NY; County Tax Map Par- cel No. I000-110-7-15. 7:50 p.m. Appl. No. 3759-- TONY SCARMAi~' IN(~. for a Variance to the Zoning Ordi- nance, Article XI, Section , 100-119.2 for approval of gazebo .-1 structure with an insufficient,g, setback from an existing bulk-~ i head along Peconic Bay, at pre- mises known as 235 Huckelberry Mill Road, East Marion, NY; County Tax Map Parcel No. 1000-31-16-9. 7:55 p.m. AppL No. 3755SE --TIM HY COFFEY AND THE COVE AT SOUTHOLD INC. Special Exception to the Zoning Ordinance, Article Ill, Section 100-30C, for permission to erect off-premises sign. Loca- tion of Property: South Side of Main Road, Southold, NY; County Tax Map Parcel No. 1000-75-06-7.3. (Recessed from Prior Meeting). 8:00 THEODORE KUDLINSKI. JR. Variance to the Zoning Ordinance, Article I11, Section 100-31 for permission to con- struct open deck addition with an insufficient rearyard setback from existing dwelling, at pre- raises known as 605 Highwood Road, "Highwood at Bayview"{ Subdivision Lot No. ~F Southold, NY; County Tax Map Parcel No. 1000-78-9-50. 8:05 p.m. ELSIE D. YOUNG. Appl. No. 3760SE--Special Exception to the Zoning Ordi- nance for permission to estab- lish Accessory Apartment in an existing dwelling strocture in ac- cordance with the requirements of Article 111, Section 100-30B, subsection 15. Location of Pro- perry: 480 Grisson Lane, Southold, NY; County ~ Map Parcel No. 1000-78-1-10.3. Appl. No. 3761-V--Variance to the Zoning Ordinance, Arti- cle 111, Section 100-30B(15)[M} to allow conversion of dwelling for Accessory Apartment with Certificate of Occupancy dated after January 1, 1984, although Affidavit of Building Inspector indicates dwelling met the requirements for a Certificate of Occupancy had application been made in a timely fashion. Location of Property: 480 Gris- son Lane, Southold, NY; Coun- ty Tax Map Parcel No. 1000-78-01-10.3. 8:15 p.m. JOHN T. BEEBE-- ~ Variances to the Zoning Ordi- nance, Article 111, Section 100-31 for approval of insuffi- cient area and width of two pro- posed parcels in this proposed set-off division of land, located along Beebe Drive, CutchOgpe, NY; County-Tax'Map Parcel 1~1o. 1000;103-3-part of Lot 5. 8:20 p.m. ROBERT AND D1- ANNA BAKER. Special Excep- tion to the Zoning Ordinance, Article II1, Section 100-30B(16) for permission to establish Bed and Breakfast establishment in an existing dwelling, at premises known as 2900 Boisseau Ave- nue, Southold, NY; County Tax Map Parcel No. 1000-55-6-9. 8:30 p.m. Appl. No. 3779-- PETER AND DESPINA MAR- KOPOULOS for a Variance to the Zoning Ordinance,, Article Ill, Section 100-31 and prior Appeal No. 3623 rendered May 11, 1987 for approval of struc- ture(s) with reduced sideyards, at premises known as Lot #16, Captain Kidd Estates, along the south side of Sound Beach Drive, Mattituck, NY; County Tax Map Parcel No. 1000-99-I-24. 8:40 p.m. App'. 3769SE--~ FARMS LTD. {a/k/a GRIS- t. Special Exception to the Zoning Ordi. nanee, Article Ill, Section 100-30B for permission to estab- lish Winery, at premises located along the north side of the Main Road, Cutchogue, NY; County Tax Map Parcel No. 1000-109-01-13. 8:50 p.m. Appl. No. 37i,4 - DENIS O'BRIEN for Variances to the Zoning Ordinance, Arti- cle Ill, Section 100-31 and Ar- ticle XI, Section 100-119.1 for permission to erect tennis court with 10-ft. high fencing and gazebo structure in an area other than the required rearyard, at premises identified on the Suf- folk County ~ Maps as Dis- trict I000, Section 3, Block 3, Lot 3 5 along Private Road,. Fishers Island, NY. 8:55 p.m. Appl. No. 3778~ ?,R .ETT AND?lAN_ET KEUL-- Variance to the Zoning Ordi- nance, Article 111, Section 100-32 and removal of Condi- tions rendered under Appeal No. 3641 on June 18, ~987 in order to allow conversion of the subject building as livable area in proposed reconstruction plan of dwelling, at premises known as $500 Main Bayview Road, Southold, NY; County Tax Map Parcel ID No. 1000-78-4-32. 9:05 p.m. Appl. No. 3774SE--H & S ASSOCIATES. Special Exception to the Zoning Code, Article VII, Section 100-70B for permission to con- g struct addition to existingq building, (maintaining the west- · erly yard setback) for use part- ly for sales of unto parts, added storage, and engine-rebuilding shop, at premises located along the north side of the Main Road, Cutchogue, NY; County Tax Map Parcel No. 1000-102-2-24. ' pm Appl No 3776 ~ HOWARD '~N D ~4A ~GA R~-~ I BRODIS. Special Exception to the Zoning Ordinance, Article 111, Section 100-30B(15) for per- mission to establish Accessory Apartment in a proposed addi- tion to existing dwelling, at pre- mises known as 435 Eastward Ct., Mattituck, NY; County Tax Map Parcel No. 1000-115-7-9. j The Board of Appeals will at" said time and place hear any and all persons or representatives desiring to be heard in each of the above matters. Written com- ments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the time al- lotted. For more information, please call 765-1809. Dated: September 16, 1988. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN By Linda Kowalski IX, 9/29/88 (50) i Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Soul:hold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Lon§ Island Travels-Watchman once each week for ........................... weeks successively, commencing on the ......... r.~ ..... Sworn to before me th s ....... .c~.C~ ........ day of .... ~ ..... 19. KA{EN W. EOIERGES$ON NOTARY PUBUC, State or New YotJ~ No, 4342180 ,egal Notices NOTICE OF HEARINGS NOTICI~ IS H~REBY 'GIVEN, u~uent to Sec~,".~67 o~ t~e T~ ~aw ~ ~e ~e of ~e Town of eh~d~e~ {~g at ~e 5ou~old To~ H~, H SDAY 7:35 p.m. A~I. No. 3765 -- ~ ~s~y and ~ south~y ~ ~ ~ ~ id~ on c S~fo~ ~nty T~ M~s as ~-14. 7:~ p~. AppL No. 3768 ~, A~c~ ~ ~ 1~-31 for ~veuge (over 20 ~re~tJ, ~b~ ~o~ as 7~ Ha~ate~ ~d, Cm~ue, ~; ~n~ T~ 7:45 p.m. A~I. ~ 1~31 f~tm~ didon et ~e ~s~fly si~ of ~ ~st Road, Cutohogue, )unty T~ Map Panel No. 10~- ~7-15. 7:50 p.m. AppL No. 3759 )NY SCARMATO. ~ f~ a cial ExCCl~on to the Zoning Ordi- Map Par~A No. 1000-55~,-9. nance, A~icle II~a=.~,.~I~l~100-30C, 8:30 p.m. Appl, No, 3779 f°r~ermissi°~ct°ff'Pd~es TER AND DESPINA sign. Locatiod~Prope~yg~[ t h Side of Main R~ad, Southold;~Ny; Q.P-Q-J.L~Q.~. for a Variance toUSle Zoning Ordinance, Article HI, Section County Tax Map Parcel No. 1000- 100-31 and prior Appeal No. 3623 75-06-7.3 (Recessed from Prior Meeting). rendered May 11, 1987 for approval 8:00 p,m. AppL No. 3758 ~ 'ufslmetut~(s)with reducedsideyarde, THEODORE KUDLINSKI. J]~, at pr~mises known as Lot #16, Variance to the Zoning Ordinance, Captain Kidd Estates, along south side of Sound Beach Drive, A.rti~hi rff, Sec6oo 100-31 for per- Mattituck, NY; County Tax Map nUSSlon to consm~ct open deck eddi- Parcel No. 1000-99-1-24~ tiao with an insufficient rearyard set- 8:40 p.m, Appl, No. 3769SE -- back from existing dwelling, at premises known as 605 Highwood CUTCF[OGUE FARMS LTD. (a/kta Road, "Highwood at Bayview" GRISTINA VINEYARDSY Special Subdivision Lot NO. 8, Soothold, Exception to Ihe Zoning Ordinnnce, NY; County Tax Map Parcel No. Article IH, Section 100-30B forper- 1000-78-9-50. mission to establish Winery, at $.'05 pan. ~ prenuses located along the no~h side Appl. No. 3760SE -- Special of the Main Road, Cotchogue, NY; Exce[~on to the Zonin8 Ordinance County Tax Map Parcel No. 1000- for permissinn to establish Accessory 109-01-13.' Apartment in an existing dwelling 8:50 p.m. Appl. No. 3764 -- structure in accordance with the re, 1~ for Variances to the quitements of Article ITl, Section Zoning Ordinance, Article III, Section 100-3OB, subsection 15. Location oil IIX}-31 and Article XI, Section 100- Property: 480 Grissom Lane, 119.1 for permission toerzct tennis Southold, NY; County Tax Map /~cou~t with 10-ft. high fewcing and Parcel No, 1~00-78-1-10,3. g~zebo structure in an area other than AppL No. $761-V --.Variance the te~luired n~avyard, at premises to the Zoning Ordinance, Article l~I, id~tifled ~ the Suffolk Coonty Tax Section 100-30B(15){M} to allow Maps as District 1000, Sec~inn conversion of dwelling for Accessory Block 3, Lot 3.5, along Private Road Apamne~t with Certificate of Occu- lZ~her~ Island, NY, p~ncydated afterSanuaty 1, 1984, al; 8:55 p.m. Appl, No. 3778 though Affidavit of Building Inspector ~.~*.~2~a~ -- indicates dwelling met the ~ Variance to the Zoning Ordinance, quimmems for aCertlficate of Occu- ' Article ~ Section 100-32 and re. pency had application been made in a/z/o moval of Condltions rendered under timely fashion. Loca~on uf Property: Appeal No, 3641 on June 18, 1987 480 Gtissom Lane, Southeld, NY; in order to allow conversion of the County Tax Map Parcel No, 1000- subject building as livable area in I · 78-01-10.3. proposed reconstruction plan of 8:15 p,m. ~ -- dwelling, at premises known as 5500 Variances to the Zoning Ordinance, Main Bayview RoM, Southold, NY; Article m, Section 100-31 for ap= County Tax Map Parcel ID No. proval of hisofficieot am and width 1000-78-4-32. of two p~posed parcels in this pro- 9105 p.m. Appl. No. 3774SE -- H pasedset-offdivisionufland, lccated .- &S ASSOCIATES Special Ex~ along Beebe Drive, Cutchogue, NY; : caption to the Zoning Code, Article of Mattituck, In ly sworn, says that he/she is Principal )LK TIMES, a Weekly Newspaper, in the Town of Southold, County of ew York, and that the Notice of which copy, has been regularly published in ~e each week for :~ weeks eating on tho 29 day of ~riance Io the Zoning Ordinance, County Tax Map Parcel No. 1000- ~: VI~ Section 100-70B for permission ~iele X3, Seetino 100-119.2 for ap= .~ 103-3-pert of Lot 5. ~ ~o construct addition to existing aval of gazebo atmctare with an 8:20 p.m, ROBERT AND DI-' ~'~bui]ding, (maintaining the westerly ~uffici~t setback from an existing ANNA RAKER. Special Excapfion I6 yard setback) for use partly for sales lkhead along Peconic Bay, at of auto parte,~dded storage, and eh- the Zoning Ordinance, Article I~, :raises known as 235 Huckelberry S~otion 100-30B(16) for permission glne-reboilding shop, at premises lo- dl Road, East Marion, NY; County to esmbUsh Bed and Breakfast cstab- cared along the north side of the Main x Map Parcel No. 1000-31-16-9. Eshment in an existing dwelling, at Road, Cutchogue, NY; County Tax 7:55 p.m. Appl. No. 3755SE .-- Map Parccl No~1~O0-102-2-24, premises known as 2900 Boisseau ~ ~ ' ,~' 9:15 p.m. Appl. No, 3776 ~ MOTHy COFFEY AND THE AvenueI Southold, NY: ~ounty. iax~l, HOWARD AND MARGARET )%~ * Spa- ' ' ' '~ BRODIS. Special Exception to the ~' Zoning Ordinance, Article Iii, Sectic~ 100-301](15) for permission to estab- I lish Acccssor~ Apartment in a pro. posed addition to existing dwelling, at pre~tses kno~ as 435 Eastward Ct., Matt~tuck, NY~ County Tax Map Parcel No. 1000-115-7-9. The Board of Appeals will at satd time and place hear any and all per- so~s~or representatives desiring to ~ heard in each of thc above matter~. Written comments may also be sub- Principal Clerk NOTARY PUBLIC, State o New York Suffolk County r,,rm Expires Febru,r~,~/19 milled prior to thc conclusion of the · ~ubject hea~ng. Each hearing will not . start before the time allotted. For more information, please call 76.5- 1809. Dated: September 16, 1988. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD p, GOEHR[NGER, CHAIRMAN' By Linde K'owai ski 6071-1TS29 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGON)S, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board o£ Appeals MAIN ROAD- STATE ROAD 2[5 SOUTHOLD, L.I., N.Y. llg?l 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. Someone should appear in your behalf during the public hearing. Questions may arise from Board Members or persons in the audience during the hearing. Your hearing is expected to start at the time advertised in the Legal Notice, and you will not be required to appear earlier. Please feel free to call our office prior to the hearing date if you have any questions or wish to review your file. Yours very truly, GOEHRINGER GERARD P. CHAIRMAN lk Copies to the following on or about 9/21/88: Mr. Joseph Spitaliere (picked up personally 9/21/88) Environment East, Inc. as Agent for Frank and Sandra Curran as Agent for John J. Jessup 3075 Indian Neck Lane Peconic, NY 11958 J. Kevin McLaughlin, Esq. as Attorney for Tony Scarmato, Inc. 828 Front Street, Greenport, NY 11944 Mr. Wilbur Klatsky, The Cove at Southold, 5044 Expressway Drive South, Ronkonkoma, NY 11779 Mr. and Mrs. Alvan Terry, Box 35, Main Road, Peconic, NY 11958 Re: The Cove at Southold - Sign Mr. Theodore S. Kudlinski, Jr. 605 Highwood Road, Box 1052, Southold, NY 11971 Mrs. Elsie D. Young 480 Grisson Lane, Southold, NY 11971 Abigail A. Wickham, Esq. as Attorney for John T. Beebe Main Road, Box 1424, Southold, NY 11971 Mr. and Mrs. Robert Baker 2900 Boisseau Avenue, Southold, NY 11971 Mr. and Mrs. Peter Markopoulos 605 Sound Beach Drive, Mattituck, NY 11951 Richard F. Lark, Esq. as Attorney for Cutchogue Farms Ltd. Main Road, Box 973, Cutchogue, NY 11935 J. Kevin McLaughlin, Esq. for Petrol Stations Re: 828 Front Street, Box 803 Greenport, NY 11944 as Attorney Cutchogue Farms Ltd. Mr. Allan P. Shope as Architect for Denis O'Brien 18 West Putnam Avenue Greenwich, CT 06830 Mr. and Mrs. Brett Kehl 5500 Main Bayview Road Southold, NY 11971 Mail List continued for October 6, 1988 Legal Notice: H & S Associates P.O. Box 915 M/~. hogue, NY 11935 and Mrs. Howard Brodis 435 Eastward Court Mattituck, NY 11952 Suffolk Times, Inc. Main Road Mattituck, NY 11952 L.I. Traveler-Watchman, Inc. Traveler Street Southold, NY 11971 Individual ZBA files ZBA Members Building Department (V. Lessard) Supervisor and T.B. Members Town Attorney Town Clerk Bulltin Board (west side) Z.B.A. Bulletin Board (east side) .JUDITH T. TERRY TOWN CLERK OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Dated: August 30, 1988 Transmitted herewith is Zoning Appeal No. 3776 Howard and Margaret Brodis Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1801 application of for a Special Exception. Also included is Notification to Adjacent Property Owners; Short Environmental Assessment Form; Certificate of Occupancy L ..... ' -- ' ~--' survey of property; and any other attachments relative to this application. Judith T. Terry Southold Town Clerk 4 BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or' 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 ~;~.J~3~ndersigned to petition the Board of Appeals of the Town of Southold to request a ~ ......... /..L.Special Exception~.~. ............. ; (Other) [circle choice] 2. That the property which ~ the subiect of the Petition is located adjacent tovourproperty ?d is des- cribedasfollows: ~5- /..2~£;11,,/,;,.-6/ ~ur/' /'//D;~Tc/'/~¢~L/ /~./, )"J.' //~ ~ ~ 3. That the p~'operJy which is the subject_of suc, h Petition is located in the following zoning district: 4. That by such Peti6on, the undersigned will request the followin, relief: . / '/ 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the u~det- signedare ~cle ~ ~ /0{) -- .~ ~ ~ / ~ [ ] [aC~ gCC-A, ::~a York Town Law for approval of access ove~ t~ght(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's ~fice at Main Road, Southold. New York and you may then and there examine the same during regular office hours. (5[6) 76~[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. P~,t,~ner / -~' Post Office Address //~ ~ ~ ~ Tel. No. [ ~-/[)~ 9r- [Copy of sketch or plan showing proposal to be attached for convenience .] NAME P 97.~7 2.66 ~lt- PROOF OF MAILING OF NOTICF ATTACH C_~ERTIFIED MAIL RECEIPTS ADDRESS P 976 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVID[D NOT FOR INTERNATIONAL MAIL (See Reverse) ~d Fee Dehvery Fee ~d Delivery Fee '976 767 265 RECEtPT FOR cERTiFIED MAIL STATE OF NEW YORK ) COUNTY OFSUFFOLK) , being duly sworn, deposes and says that on the .~ 0 day of /C/'//,~.//~7~ ,19 ~:~' , deponent mailed a true copy of the Notice set f0rth on the re- verse sid~ her~e~, 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 curren,~ssessme~nt roll/of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at ~ /'~' C Y ~ ~e [Il (certified) (registered) mail. Sworn to before me this ,,.~0 day of ~ , 19 ~ Notary Public ; that said Notices were n'~led to each of s~aid-jpersons by HELEN IL DE VOE Ne. 4707878. Suffolk Ceent~ ~ Term [XDires Ms,ch 30, 19 ~/ (This side does not have to property owners.) be completed on form transmitted to adjoining 617.21 ~" Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only SEQR PART. I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT/SPONSOR 3. PROJECT LOCATION: 4, PRECISE LOCATION (Street address and road intersections, prominent landmarks, e{c., or provide map) 5. is PRO SED ACTION: w [] Expansion [] Modiflcationlalteratlon 6. DESCRIBE PROJECT BRIEFLY: 7. AMOUNT OF LAND AFFECTED: Initially, acres Ultimately WIL ROPOSED ACTrON NO If NO, describe briefly COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? 9. WHA S PRESENT LAND USE IN VICINITY OF PROJECT? ~identlal [] Industrial [] Commercial [] Agriculture r-]Park/Forest/Open space []Other Describe: 10. DOES ACTION INVOLVEDLVE .~'PERMIT APPROVAL. OR FUNDING NOW OR ULTIMATELY FROM ANY OTHER STATE OR LOCAL)?/ ' GOVERNMENTAL AGENCY (FEDERAL, [] Yes~;'2¢' 'LV-J NO If yes, list agency(s) and permit/approvals 11. DOES ANY ASP~.SP~F~T OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL'~. [] Yes ~'No Jf ye~, list agency name and permdlapproval AS A RESULT OF OPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? [] Yes I CERTIFY THAT THE iNFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name'~ ,~ /~j~J ~-~ ~ ~ Date: Signature. ~ 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 th~s board before any action is taken. SHORT ENVIRONMENTAL ASSESSMENT FORM INSTRUCTIONS: (a) In order ~o 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? Yes -- 2. Will there be a major change to any unique or unusual land form on the site? Yes 3. Will project alter or have a large effect on an existing body of water? Yes 4. Will project have a potentially large impact on groundwater quality? Yes 5. Will project significantly effect drainage flow on adjacent sites? Yes 6. Will project affect any threatened or endangered plant or animal species? Yes 7. Will project result in a major adverse effect on air quality? __Yes 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas known to be important to the community? __Yes jNo 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological ~/ importance or any site designated as a critical envirc~mental area by a local agency? Yes 10. Will project have a major effect on existing or future recreational opportunities? Yes~No 11. Will project result in major traffic problems or cause a major effect to existing transportation systems? ____Yes 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- Ao ance as a result of the project's operation? Yes 13. Will project have any impact on public health or Safety? Yes 14. Will project affect the existing community by directly causing a growth in permanent popula- tion of more than 5 percent over a one-year Yes period or have a major negative effect on the ' charact~ of the community or neighborhood? 15. Is there p~blic cQ~troversy concerning the ZBA ~/75 I $S4A~c) OREGON ..".' ..'; CUTCF ~ENE~AL NOTES: (1) Footings to bear on virgin or undisturbed soil. Soil Minimum bearing capacity of 2 tons per square foot. (2)Concrete: Plain with minimum 3000 p.s.i, at 28 days. (3)All lumber t~ be Douglas Fir (Fb : 1400 p.s.i.). (4) Minimum header size to be (2) 2" X 8" unless noted otherwise. (5) All headers in existing house are to be supported by (2) 2" X 4" posts unless noted otherwise. (6) All headers in new addition t~o be supported by (2) 2" X 6" be tempereU safety glass. (a) - ollo d men ons only. (g) Contractor report any discrep,nciest° v-erify alltoCOnditionSthe Ar=hitect.in the field a~d i~ to (10) Double around alfl°°rl openings, beams under parallel partitions; double framing (11) All equipment installation and construction shall conform to the New York State Energy CoAservation and Construction Code, dated April 1, 1987. (12) Electrical work is to conform to the National Electric Code and any applicable local codes. Provide minimum of one (1) smoke detector in bedroom area. GBNBRAL NOTES RH: MICRO-LA!q 3) Lateral sup)port required at bearing points. ~U~-M.d. o¢ ~' ~ ,...' 4) 16"& 18" de)ep beams are Co be used ..... ' 5) Nailing pat~tet~ for assembly o~ ' ' ' . ~' - I ~; , . I multiple untlts :o be a minimum (2) DONALD A. DENIS A.I.A, ,/ ploor~ cC,r-- ~xL,T- 'f~ Acra,'pohI (hie, 5Lo" ,x¢,,,,.,f ) /-,L4 ~',J %_., ""x, t4-~,¢o ¢: ~¢r,.r Fuc:,orz. 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