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Home My WebLink About3227Xat~ituck~3YZ .~ Southold Town Board o£Appeals MAIN ROAD- STATE ROAD 25 SDUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3227 Application Dated March 7, ]984 TO: Rudolph H. Bruer, Esq. as for EUSTACE C. ERIKSEN Main Road Southold, NY 11971, (Public Hearing June 21, 1984) attorney [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on August 14, ]984, the above appeal was considered, and the action indicated below was taken on your [ ] 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 , Section [ ] Request for Variance to the Zoning Ordinance Article , Section Request for reversal of the December 12, 1983 decision of the building inspector in order to permit the conver- sion and renovation of a "guest cottage" or second dwelling (without cooking facilities). Upon application for EUSTACE C. ERIKSEN, 1085 Westview Drive, Matti- tuck, NY for a Variance to the Zoning Ordinance, appealing the December 12, 1983 decision of the building inspector in order to permit the conversion and renovation of a "guest cottage" or second dwelling structure at premises known as 1085 West View Drive, Mattituck; County Tax Map Parcel No. 1000- 139-1-3. The board made the following findings and determination: By this appeal, applicant seeks to reverse the decision of the Building Inspector dated December 12, 1983 concerning an application for a building permit to construct guest cottage (conversion) dated May 13, 1983, which was disapproved on the following grounds, to wit: "Article III, Section lO0-30(A)[1], one-family dwelling not to exceed one dwelling on each lot..." and based on erroneous advice given in the 1970's by a prior building inspector. On October 3, 1975, Certificate of Occupancy No. Z6726 was issued by a building inspector for a "private one-family dwelling with accessory building--can be guest cottage with no cooking facilities," to Gildersleeve and Krebs, predecessors in title. On the same date, a housing code inspection report was prepared by the building department, presumably prior to the issuance of the Certificate of Occupancy, indicating that the former garage has been altered for four rooms and a bathroom, and that a sewage drainage system had been installed in the slab of foundation. The applicant purchased the subject premises on July 22, 1977. On August 12, 1983, building permit No. 12492Z was issued for an addition to the subject detached garage structure. Applicant contends that no cooking facilities have been, nor do they exist on the premises, and accordingly does not understand the reason- ing of the building inspector's decision. The board members have visited and are familiar with the site in question as well as the neighborhood. Upon inspecting the interior of the structure in question with the applicant, the board found that the building was being used for sleeping quarters, with kitchen cabinets, but without cooking facilities. Applicant contends that cooking facilities are not being requested and therefore compliance is made with Certificate of Occupancy issued October 3, 1975. DATED: September 7, Form ZB4 (rev. 12/81) 1984. CHAIRMAN, SOUTHOLD TOWN OF APPEALS ZONING BOARD Page 2 Appeal No. 3227 Matter of EUSTACE C. ERIKSEN Decision Rendered August 14, 1984 No evidence has been presented indicating that the building in question is not in conformity with the Certificate of Occupancy of October 3, 1975 sufficient to warrant a denial of the applicant's request. As of the date of this decision, Building Permit No. 12492Z is pending and improvements to this structure as applied for therein have been started. Accordingly, under the circumstances of this appeal and lack of sufficient evidence to uphold the building inspector's decision, the following resolution was adopted: due to On motion by Mr. Douglass, seconded by Mr. Goehringer, it was RESOLVED, that the relief requested in Appeal No. 3227, in the matter of EUSTACE C. ERIKSEN for permission to continue use of the accessory building for sleeping quarters, without cooking facilities, BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. NB cooki~ng facilities; 2. Not to be used as a one-family dwelling (shall be for sleeping or residential storage purposes only); 3. All new, future construction must not exceed 20% of the total (all buildings) maximum-permitted lot coverage. Location of Property: 1085 Waterview Drive, Mattituck, NY; County Tax Map Parcel No. 1000-139-1-3. Vote of the Board: Ayes: Messrs. Goehringer, Douglass and Sawicki. This resolution was adopted by of all the members. Doyen, Grigonis, unanimous vote RECEIVED ?iCY. D BY THE SOU;i'..,: :.'. i'0%~N C[~RK Town Clerk, Town of Soulhck~ September 8, 1984 GG:lk NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisi:ons of the Amended Co~e of the Town of Southold, a Regula~ Meeting and the following public hearings will be held by the Southold Town Board of Appeals at the TOWn Hall, Main Road, Southold, NY o~ THUR~SDAY, JUNE 21, 198~, commencing at ~7:30 p.m. and as follows: 7:35 p.m, Application for JOHN DENNY, 333 Warwick Avenue, Tea- Neck, NO 07656 for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to constrLct accessory garage building in the frontyard area at premises, 1255 Private Road #1 (Goose Creek Lane), Southold, NY; County Tax MaD Parcel No. 1000-078-08-009. 7:40 p.m. Application of GEORGE R. TUTHILL, Box 719, Cutchogue, NY for a Variance~to the Zoning Ordinance, Article III, Section 100-31 for approval'of jnsufficient area and width of parcels located at the north side of Bay Avenue, Cutchogue, NY; Nassau.!Farms Subdivi- sion, part of Lot 140; County Tax Map Parcel No. 1000-104-04-33. 7:45 p.mo Application for DAVID AND JEANNE BRAWNER, Main Road, Orient, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient area of parcel to be set-off from.an 4.066 acre parcel at tho South Side of Main Road, Orient; County Tax Map Parcel No, lO00-20-3-25~and part of ll.2. 7:55 p.m. Application of ERNEST AND JEAN STUMPF, 207 Roxbury Road South, Garden City~ NY 11530, for a Variance to the Zoning Ordinance, Article III, Section 100-32 (and/or Section 100-31) ~or pefm~ssio~ to construct raised deck with an insufficient setback in the side and rear yards at the West Side of S. Oakwood Drive, Laurel; County Tax Map Parcel No. 1000-145-03-005. 8:05 p.m.~ Application ~r EUSTA~E C. ERIKSEN, 1085_Westview Drive, Mattituck, NY for a Variance to the Zoning Ordinance, appealin~the December '12, 1983 decision of the building inspector in order to permit the conversion and renovation of a "guest cottage" or second dwelling Structure at premises k~own as I085 West View Drive, Mattituck; County Tax Map Parcel No..1000-139-1-3, 8:15 p.m. Application of JOHN GRIGONIS, 950 Bayview Road, Sodthold, NY for a Variance to the Zoning Ordinance, Article III, Section 1~0-31 for approval of the construction of new dwelling with reduGtion of sideyard setback, at premises located at 860 Main Bayview R~ad, Southold~ County Tax Map Parcel No, 1000~070~07~D16~2. Page 2 Notice of Hearings Southold Town Board of Appeals Regular Meeting of June 21~ 1984 8:20 pom. Application for PATRICK CARRiG and MARK S. McDONALD~ (Owners: Eric and Nancy Malm)~ Richmond Road, Southold, NY for a Variance for approval of access~ New York Town Law,~Section 280-A, over a private right-of-way located at the north side of Bergen Avenue, Mattituck~ to premises identified as County Tax Map Parcel No. 1000-112-1-18, containing approximately 3.9 acres. 8:40 p.m. Application for DOUGLAS MILLER, Montauk Highway, Quogue, NY for a Variance for approval of accesses, New York Town Law, Section 280-A, over two private rights-of-way~ one known as "Kirkup Lane" and one as '~Laurel Way" located at the South Side of Sound Avenue, Mattituck, (near Laurel)~ County Tax Map Parcel No~ 1000~121-4-10 acres. 8:55 p.m. Application for from May 17, 1984 for Variances approval of deck in sideyard, to premises identified as containing approximately 7~2 BERTRAM AND MARGERY WALKER recessed for: (a) interpretation, (b) (c) approval of reduction of livable floor area and insufficient sideyards of dwelling conversion. Peconic Bay Blvd., Laurel; 1000-145-4-D14~ 9:15 p.m. Application of ARTHUR R. TRUCKENBRODT, et ~l., Private Road, Orient, NY for a reversal of the interpretation of the building inspector concerning a Certificate of Occupancy No. Zl1736 issued June 21, 1983 to E. Lo~copoulos and H. Damianos for an one-family dwelling and four accessory cottage structures at Private Road No. (a/k/a Diedericks Road), Orient; County Tax Map Parcel No. 1000-18-03-005 [Current Owners: D.I. Abbott and J.l. Swanson]. Persons having an interest in any of the above mat~ers may be hear~ at the time and place specified above. For additional informa- tion, please contact our office, 765-1809 (or 1802). Dated: June 5, 1984. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS G'ERARD P. GOEHRINGER CH^IRMAN NOTICE ~0 NEWSPAFERS: Please publish once, to wit: T_hursdal, June 7, 1984 and forward l0 affidavits of publication to: Mrs. L. Kowalski, Secretary, Board of Appeals, Main Road, Southold, NY 11971, on or before June llth. Thank you. -~C~ of Legal Notic~siled 6/5/84 Mr. John Denny Environment East, Inc. Mr. George R. Tuthill Irving L. Price, Jr., Esq. Mr. and Mrs. Ernest Stumpf ~.~ Mr. and Mrs. Ernest Stumpf Mr. Edward Tobia .... Rudolph ~. Bruer, Esq. Mr. John Grigonis George O. Guldi, Esq. Abigail A. Wickham, Esq. Wickham, Wickham & Bressler, P.C. Richard T. Haefeli, Esq. McNulty, DiPietro & Haefeli James Cron, Esq. William W. Esseks, Esq. Esseks, Hefter, Cuddy & Angel Howard E. Pachm~n, Esq. Pachman, Oshrin & Block, PoC. Richard F. Lark, Esq. to the following: TOI~'N OF ~OUTItOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTIIOLD, N.¥~3; NOTICE OF DISAPPROVAL F/le No ............................... .'m.~.~ ,.~:~,. ............. PLEASE TAKE NOTICE that your application dated.,...~. ~.3 .......... , 19. ~.~. for p~* ~o ~o~s~..G ~7....~~ ~..C ~ .~).: ........ ~ House No. S~oet Ham/o~ Co~ty T~ ~ ~o. ]000 S~ctJo~ , J. ~ ........ ~Joc~ .... J ........ ~t ., .~ .......... S~bdM~o~ ..... ~ ..... FjOrd ~a~ No ................. ~t No .................. ~s retunaed herewith and dfsapproved on the following ~o~mds. ~ ~. ~ ............ ~.~. ~.~.~ ~..,.~ ~.0 ...... m~. ~.~...~.&&..~. ~..~..~~..¢~...~~..~. ~. ~ ................. Building Inspe~or RV 1180 ~ ~';~'~'~ FORM NO. 1 TOWN OF SOUTHOLD ~ BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 765-1802 ....... Disapproved afc ~-~Z~?.. .... :~...:¢...e .... : ...... :~~ ... . ..... ...... APPLICATION FOR BUILDING INSTRUCTIONS Application No ................ Date .. J..~.. ~, 19..~.~-~ a. Tins application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of property must be drawn on the diagram winch is part of this appli- cation. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of tins application, the Building Inspector will issued a Building Permit to the applicant. Such permit shall 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 until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws. Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees ~o comply with all applicable taws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in buildingfor necess~~..u~...~'nspecti°ns ......... (Signature of&pplCant, o~r n~ane, if a corporatipn) (Mailing addfi/ss of ~Splicant) [~6 6/ State whether applicant i~ssee, agent, architect, engineer, general contractor, electrician, plumber or builder. Name of o~vner of premises .~./~..//~f..S...Lq2~. ~ .... .~.~.ff,5'.~].~ ~.~- .... .~.....~-.....l~f. ,~. ................... ' ..... (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. (Name and title of corporate officer) P1 tuber s L~cense No ........................ Electrician's License No. . .~ .e..?.q..~/.:l/I Other Trade s L~¢nse No ......... 1. Location of land on winch proposed wor~ will be done. ,n. ~. ~. ~ ~. ~ ........... ~.~.:..._ ......... ~~.~. ~ ........... ~~ ................. House Number Stree~ Hamle~ County Tax Map No. 1000 Section . .l .~-f- .... ~...~ Block ...... [ ............ Lot ..... ~ ........... Subdivision ..................................... Filed Map No ............... Lot .............. (Name) 2. State existing use and vccupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy ..... ~ .~% ~..~ ........ 3. N~ure of work (check which ap]3h'cable): New Building .......... Addi~l~on ' . ........ Alteration .......... % Re¢~ir .............. Removal ............ Demolition ............. Other Work ............... ~..., o/~-~ (Description) 4. Estimated Cost f ./Z/.~ .&~.~. ~/ . Fee. .~..~. ~ ........................ (to be paid on filing this application) 5. If dwelling; number of dwelling units ............... Number of dwelling units on each floor ................ If garage, number of cars ............................... 6.If business, commercial or mixed occupancy, specify nature and 7. Dimensions of existing structures, if any: Front ............... Rear .............. Depth ............... Height ............... Number of Stories Dimensions of same structure with alterations or additions: Front ................. Rear .................. Depth ...................... Height ...................... Number of Stories ...................... 8. Dimensions of entire new construction: Front ............. Rear ............... Depth ............... Height ............... Number of Stories ... 9. Size of lot: Front ...................... Rear ...................... Depth ...................... 10. Date of Purchase ............................. Name of Former Owner ............................. 1 I. Zonc or use dis*~rict in which premises are situated ......... 12. Does proposed construction violate any zomng law, ordinance or regulation: ................................ 13. ,W. ill lot be regrade~d ............. bY'; ;v ..........Will exces_s. ~,1. b.e,re, move~l, from premises: Yes No 14. ~ameofOwneroIpremises .. ~ Address /0~ fl/q',',',',',',',',',~-~ Name of Architect ........ Address N "'~' fl...+~ 'tH.Y/' ................ ~....,~...~..,, ........ .t'll~,.,,.,,.~,~ .............. ame o~ contractor.-go~j~./,%~ ............... Address ./~-4-° -/)~~:.:... Phone No. -~-td.. ......... ?fif-I~ ~.'... PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and. indicate all set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or coruer lot. l STATE OF NE~O~, COU Y OE ......... S.S ~~ ~ bein du' ................... t ~ T .......................... g ~y sworn, depots ~d says that he is the applic~t (Name of individual sign~g con~act) above nmed. He is the ................. ~q~- /d;l/r; .................... .................................. ~ ractor, agent, corporate officer, etc.) of s~d owner or owners~ ~d is d~ly authored to perfom or have peffomed the said work ~d to m~e ~d file ~is application; that all statements contmed ~ this application ~e true to the best of his ~owledge and belief; ~d that the work will be perfomed in the m~ner set forth ~ the application filed therewith. Sworn to before me ~is ~.~,~o, ~,,,,, ~,,,, ~o ~ (Signature of applic~t) UARi0 ? 1984 TOWN OF $OUTHOLD, NEW YORK APPEAL NO. '~o~c~ 7 DATE ..... .3./..6./..8..4. ........... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. (We) $.~ I4,C~...C.... ~l~IJ~$.~ ............................. of ..... 1.0. 8 ~..W ~ .%~ ~.~.. ~.~/,¥.¢ ................................ Name of Appell~qt Street and Number Mattitu~k Municipality ............................ HEREBY APPEAL TO State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION DATED: 5/13/84 FOR: Building permit WHEREBY THE BUILDING iNSPECTOR DENIED TO Nome of Applicant for permit of ! .0..8..5, ...w..e_s, .t...y..i. ~..p.r_i_v..e..~,. ~.a..t..t..i..t..u..g~., .~...L ........................................................ Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY PERMIT TO BUILD Guest Cottage (renovation') LOCATION OF THE PROPERTY ..... .1..0,~.5...W.,e.,s..t.v...i.9..w..D.r..i..v..e.,_..M,.a..t..t..i.~q~ ...................... '.'..A.'.'. ....... Street and Hamlet Zone Tax Ma, p..~.e,.s.~g.n..a..t.$~B,%%.0. QQ.-..Z..3.~.-..~_-..3. ............................ O~TNER ($)-' gustace................C. & Gladys.......L. gr~ksen.. Map No Lot No. DATE PURCHASED: July 22, 1977 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section cna Paragraph of the Zoning Ordinance Dy number. Do not quote the Ordinance.) Article , Section N/A 3. TYPE OF APPEAL Appeal is made herewith for ( )A VARIANCE to the Zoning Ordinance or Zoning Map , ~A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art 16 Sec. 280A Subsection 3 (X) APPEAL from a decision of the Building Inspector 4. PREVIOUS APPEAL A previous appeal Xt~m~ (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such aepea] was ( ) request for a special oermit f ) request for a variance aris was made in Appeal No ................................ Dated ...................................................................... REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance ro the Zoning Ordnance X) A~PEAL from a decision of the Building Inspector ~s reauested for the reason that ~zW~tz~z~x strict application of the interpretatzon of the Building Inspector will deny applicant his existing property rights. (Continue on other side) REASON FOR APPEAL Continual 1. STRICT APPLICATION OF THE ORDINANCE would p~duce practical difficulties or unneces- sary HARDSHIP because Strict application of the interpretation of the Building Inspector will deny applicant his existing property rights. When applicant purchased the subject premises in July, 1977, he did so only for the purposes of utilizing the premises as a one family dwelling with an accessory building that could be used as a guest cottage with no cooking facilities. Applicant purchased the said premises speci- fically relying on a certain Certificate of Occupancy dated 10/3/75 (#Z6726), which Certificate of Occupancy was specifically issued for a private one family dwelling with accessory building. A copy of this Certificate of Occupancy is attached hereto and made a part hereof and was signed by the then Building Inspector, Howard Terry. If this appeal is denied and the interpretation of the Building Inspector is not overruled, applicant will have suffered severe financial loss based upon represen- tations made by the Town of Southotd and upon which applicant relied. 2 The hardship created is UNIQUE and is not shared by all p~pe~ies alike in the immediate vicinity of this property and in ~s use distrid because No one in the Town of Southold has been seriously aggrieved as applicant by the denial of the Building Inspeetor~ which is erroneous and is resulting in the taking of property without the due process of law, violating applicant's Federal and State constitutional rights. 3 The Variance would obse~e the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT ~ecause No new structures are being created the ordimance has not been violated. The guest cottage is a valid dwelling, pursuant to the Certificate of Occupancy attached hereto. STATE OF NEW YORK ) ) ss COUNTY OF SUFFOLK ) Rudolph H. Bruer, Attorney for Applicant Swam to this ...... .6.t~ .............................day of ..... Iz~z.c-lz ................................... 19 84 OWNER STREET FORMER OWNER IViLLaGE SUB. LOT ACR.~/ TYPE OF BUILDING [.AND IMP. tloo /-//Od __ I__(__.~ 2 ............ y._~:- o- AGE N~ NOeL FARM Acre Tillable 1 Tilleble 2 Tillable 3 Woodland Swampland Brush~nd House Plot Total IVL~oTAL BUILDING CONDITION BELOW ABOVE Value Per Acre COMM. CB, MISC. Mkt, Value REMARKS Value FRONTAGE ON WATER FRONTAGE ON ROAD BULKH~D Extension Parch Porch Breezewo, ti__on d'sernent Ext. Walls Fi're Place Bath Floors Interior Finish Heat Rooms 1st Floor Type Roof Room Rooms 2nd Floor j FIN. B. Garage Patio O.B, Total Mem, indumfrom..... Southold Town Board of Appeals TOWN HALL, SOUTHOLD, N.Y. 11971 765-1809 Date: 11/8/85 To: ZBA Members From: L i nda Vic has asked the members of the ZBA to inspect the building (sleeping facilities) of Eustace Eriksen under Appeal No. 3227, copies of decision attached, as to whether it meets the board's conditions. Vic mentioned that he believes the eating room contains a full kitchen with cooking facilities, and it is noted that the height of the structure exceeds 18 feet. Mrs. Eriksen requests a response as to whether a CO can now be issued. F i E L~.~-~ EC TI ON COMMEN TS FOUNDATION ( 1si ) FOUNDATION (2nd) ROUGH FI~AME & PLUMBING C) INSULATION PER N. STATE ENERGY C,ODE FINAL ADDITIONAL COMMENTS: APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKr Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLO, L.I., N.Y, llgT1 TFI FPHONE f5'16) 765-1809 September 10, 1984 Mr. Gerald G. Newman, Chief Planner Suffolk County Departmeat of Planning Veterans Memorial Highway Hauppauge, NY 11788 Re: Appeal No. 3227 S.C.P.D. File No. SD- Dear Mr. Newman: For your records, wehave enclosed herewith a copy of the decision recently rendered by the Board of Appeals in the above matter. Thank you for your consideration. Yours very truly~ Enclosure (s) GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Secretary COUNTY OF SUFFOLK DEPARTMENT OF PLANNING (516) 360-5513 LEE £. KOPP£LMAN DIRECTOR OF PLANNING August 15, 1984 Town of Southold Board of Appeals Applicant: Eustace C. Eriksen #3227 Gentlemen: Pursuant to Sections 1323 to 1332 of the Suffolk County Charter, the above referenced application* is not within the jurisdiction of the Suffolk County Planning Comm~ ssion. Very truly yours, Lee E. Koppelman Director of Planning Gerald G. Newman Chief Planner GGN:jk *for a determination as to the legitimacy of a 1975 decision of the building inspector. If a variance and/or special exception is being sought, please resubmit with findings indicating compliance with applicable criteria. 11788 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. 11971 TELEPHONE (516) 765-1809 September lO, 1984 Rudolph H. Bruer, Esq. Main Road Southold, NY 11971 Re: Appeal No. 3227 - Eustace C. Eriksen Dear Sir or Madam: Attached herewith is a copy of the formal findings and deter~ mination recently rendered and filed this date with the Office of the Town Clerk concerning your application. In the event your application has been approved, please be sure~__~ to return to the Building Department for approval of any new constru~ tion in writing, or for other documents as may b~ applicable. ~ If you have any questions, please do not hesitate to call either our office (765-1809) or that of the building inspector (765-1802). ~ Yours very truly, Enclosure Copy of Decision to Building Department Mr. Eustace C.'Eriksen GERARD P. GOEHRINGER By' Linda Secretary APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, .IR. ROBERT J. DOUGLASS JOSEPH H. SAWtCK( SoUthold Town Board o£ Appeals I~IAIN ROAD- STATE RDAD 25 SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 INTER-DEPARTMENT'MEMORANDUM TO: Office of the Town Clerk DATE: September 10, 1984 SUBJECT: Appeal No. 3227 - Eustace C. Transmitted herewith for filing this date · and determination in the above matter. Eriksen is the original findings lk ~ Southold Town Boa~lof Appeals June 1984 Regular Meeting PUBLIC HEARING: Appeal No. 3227. Application for EUSTACE ERIKSEN, 1085 Westview Drive, Mattituck, NY for a Variance to the Zoning Ordinance, appealing the December 12, 1983 decision of the building inspector in order to permit the conversion and renovation of a "guest cottage" or second dwelling structure at premises known as 1085 West View Drive, Mattituck; County Tax Map Parcel No. 1000-139-1-3. The Chairman opened the hearing at 8:17 p.m. and read the legal notice of hearing in its entirety and appeal application. MR. CHAIRMAN GOEHRINGER: I have a copy of the Suffolk County Tax Map showing this and surrounding properties. Mr. Bruer. RUDOLPH BRUER, ESQ.: Rudolph Bruer in behalf of the applicant. Chairman and members of the board, the situation arose back in May of 1983. An application was made to make an addition and alter the existing accessory building. That building permit was issued and the work in connection therewith has been completed. Thereafter on December 12, 1983, a Notice of Disapproval was issued by the Building Inspector stating that the applicant was converting the building, the accessory building to a guest cottage conversion, with reference to the application--going back to the reference of the May 13, 1983 application. I make again specific reference to the Certificate of Occupancy that was issued on October 3, 1975. It was issued October 3, 1975 and it says: "...The occupancy for which this certificate is issued is private one-family dwelling with accessory building (can be guest cottage with no cooking facilities .... " I would like the board to take notice of a housing code inspection dated October 3, 1975--I don't know if it's part of your file-- MR. CHAIRMAN: Yes, it is. MR. BRUER: Made by Mr. Hindermann at that time, and on paragraph three of that report it says: "...An informal discussion with the Board of Appeals and present owner was held some time in 1969 with regard to making living unit in this building. The Board's recom- mendations were that living rooms would be permissible but kitchen facilities would not be permitted... " And with this, it is obvious that after that inspection and ~ith this in mind, Mr. Terry issued a Certificate of Occupancy stating that the accessory building could be used as a guest cottage, and with that in mind, it was so used. It was sold by the then owner, Southold Town of Appeals June 1984 Regular Meeting [Appeal No. 3227 EUSTACE C. ERIKSEN, continued:) MR. BRUER (continued): I believe, Mr. Gildersleeve, to another party who then sold it to my client in 1977. MR. CHAIRMAN: Was there anything done in between that, to your knowledge, to'the structure? MR. BRUER: Not to my knowledge. I know nothing that was done. Mr. Eriksen is here. Mr. and Mrs. Eriksen are here, and I'd like to ask them one particular question. Mr. Eriksen, would you have bought these premises in 1977 if you could not have used this building as a guest cottage? MR. ERIKSEN: I don't think we would, because we wanted it (for that use.) MR. BRUER: Is it true that you're using it primarily for your mother and son and daughter and grandchildren? MR. ERIKSEN: That's correct. MRS. ERIKSEN: The main house is too small, we don't have enough sleeping arrangements. MR. BRUER: And I believe isn't it true that with respect to the conversion that was done, two bedrooms were eliminated and with the intent of converting it into a garage? MR. ERtKSEN: Right. MR. BRUER: And that the living space has been there for living in? MR. ERIKSEN: Right. MRS. ERIKSEN: That's right. MR. BRUER: And isn't it tree that there are no cooking facilities on the premises? MR. ERIKSEN: None. MR. BRUER: Mr. Chairman and members of the board, I don't know why the December Notice of Disapproval was issued. And that's why we're here. MR. CHAIRMAN: In other words, you applied for a C/O at that time? MR. BRUER: I don't think he applied for a C/O. I think-- MRS. ERIKSEN: We had the C/O. MR. BRUER: No, you had the C/O for the house but on this particular structure? · Sout~9ld Town Boar-'B of Appeals iAppeal No. 3227 EUSTACE C. ERIKSEN, MR. BRUER: June building upon the were for thereof. with the held. 1984 Regular Meeting continued:) And the building permit was issued. Obviously the department was aware of the use of the building based inspection of Mr. Hindermann of that stating that they living quarters, that it was used for the purposes That he contacted somebody and there was discussions Board of Appeals. I don't know if the hearing was MR. CHAIRMAN: No, I'm not aware of any. MR. BRUER: But in that event, and I certainly point to the board's attention that my clients have expended a great deal of money in reliance upon the documents that were issued by the Building .Inspector stating the particular use of the property, which is now being denied? MR. CHAIRMAN: In other words, what you're saying that-- MR. BRUER: And that denial was done without a hearing. MR. CHAIRMAN: In other words, what you're saying is that this building, the actual conformity of the building has not changed since the time they h~ve purchased this property, that they very simply eliminated two bedrooms to construct this garage? MR. BRUER: I think there's been addition to the building. MR. ERIKSEN: Twenty feet was added onto the bedroom. MR. CHAIRMAN: Coming forward 20 feet from your house. MR. ERIKSEN: Right. MR. BRUER: But ~hat's not the problem. The problem is that a building permit was issued for that. There's no~hing wrong with the construction. MR. CHAIRMAN: Right. I'm not saying that. MR. BRUER: For the addition, i'm t~lking about use. MR. CHAIRMAN: Yes. I understand. I'm just trying to find out what was added also during that particular period of time. MR. BRUER: I do have a diagram of the pre~ent part of it; I don't know if that's part of your file. We can submit it. See where the garage is, there were two bedrooms there. And if I may point here, I guess they'll have roll out beds for up here in that area. And it's strictly for family use, guest or friends. MR. CHAIRMAN: Do we have any idea when this building was originally erected? · Sout~9ld Town Boar--d of Appeals (Appeal No. 3227 EUSTACE C. ERIKSEN, June 21, 1984 continued:) Regular Meeting MR. BRUER: No. I don't have any information. [It is noted for the record that Member Douglass arrived at this point, approximately 8:26 p.m.] MR. CHAIRMAN: It's also our intention that the kitchen cabinets that exist in there are very simply just cabinets. will be no stove associated along with that. There MR. BRUER: No. Whoever lives there, it's family, and they're going to eat with the family. MR. CHAIRMAN: I see. So although it appears to be a kitchen, it's not really a kitchen. MR. BRUER: No. (Not a kitchen) It's basically convenience. Does the board have any questions, of myself, my clients? MR. CHAIRMAN: Let's see what develops here ~nd we'll get back to you. Thank you very much. MR. BRUER: Ok. MR. CHAIRMAN: ts there anybody else to be heard in behalf of this application? Is there anybody that would like to speak against the application? (No one), Questions from any board members? (None) Mr. Bruer, if the board desires to grant this application, or in effect, reverse the decision of the building inspector, do you have any objections to restrictions on this particular piece of property as to size, no further addition? To the size of the building, further reinforcing the fact that there be no cooking facility, which of course was originally stated in the-- MR. BRUER: I could have no objection to the cooking facilities. I haven't discussed the other thing with my clients, but~it would seem to me what we're really talking about is, "Was Howard Terry's act as a Building Inspector in 1975 legitimate?" MR. CHAIRMAN: I Understand. MR. BRUER: And by buying a piece of property, relying on that, why should we lose our rights if we haven't? MR. CHAIRMAN: No, I understand. I'm asking you this because this is what comes up in deliberations. question MR. BRUER: I don't know what you could mean by additional structure. MR. CHAIRMAN: No, no. Any further addition to this structure. South. old Town Board of Appeals June 21, 1984 Regular Meeting iAppeal No. 3227 EUSTACE C. ERIKSEN, continued:) MR. BRUER: We would only be allowed to do that if it was proper. I mean, they would be denied if we weren't allowed to do it as a matter of right, I don't know why we should be restricted in that. MR. CHAIRMAN: Ok. Thank you. MR. BRUER: Thank you. Would anybody else like to speak in behalf of against this application? INone) ~Hea~ing no further questions, I'll make a motion closing the hearing and reserving decision. On motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, to close the hearing and reserve decision in the matter of the appl'ic"atio'n' 'of 'E'U'S~ACE C, ERIKSEN, Appeal No. 3227. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was unanimously adopted by all the members. PUBLIC HEARING: Appeal No. 3248. Apl cation of JOHN GRIGONIS, 950 BayView Road, Southold, NY for a Vari to the Zoning Ordi- nance, Article III, Section 100-31 for of the construction of new dwelling with reduction of side' setback, at premises located at 8~.O-Main Bayview Road, Sou ld; COunty Tax Map Parcel No. 1000-070-0~016.2. The Chairma'h~opened the hear~ at 8:33 p.m. and read the legal notice of hearing~oncerning thi application in its entirety and appeal application.~ MR. CHAIRMAN: We\ of the May 12, 1983 survey indicating the setback which is nine feet three inches, and I have a copy of the k County Tax Map indicating this and surrounding properti~ the area. Is Mr. Grigonis here? Would you like to be he behalf of your application, sir? JOHN GRIGONIS: home ~hat i'm in is too big. It's getting to be quite an exper and a I'm not a chicken any more and it has steep s and ;tairs, and I'd like to get over into the other pl~'ce, and it's 'e. Nine inches out of the way. It was a mistake/"in the first ~where the lot angles off where we put the hous~in line with the el~,ments and that's where the problem came MR. CHA~'~MAN: We have not discusse~q this entire application with all th~ board members. Mr. Doyen ha~just flown in, from Fishers Is}~nd, so I can't guarante~ you th~,t we'll have the determina?ion tonight. I know that you're b~,i~lding and You've been 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 GRIGONI$, .IR. SEROE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI July 13, 1984 Rudolph H. Bruer, Esq. Main Road Southold, NY 11971 Re: Appeal No. 3227 Eustace C. Eriksen Dear Rudy: This l'etter will confirm that concerning the public hearing in the above matter held on June 21, 1984, the board has requested photographs, survey of original garage prior to conversion to sleeping quarters, copy of the building permit approving the conversion to sleeping quarters, if any, or other town record (except the Certificate of Occupancy No. Z6726 of October 3, 1975, which is part of our record), Please keep us advised. The board would like to commence deliberations as early as possible, and in no event later than August 6, 1984. Yours very truly. GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SmlUTHEILD. L.I., N.Y, llg?l TELEPHONE (516) 765-1809 Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: Variance from the Zoning Code, Article , Section xx Variance from Determination of Southold Town Building Inspector to allow addition to second dwelling structure. ~ Special Exception, Article , Section -- Special Permit Appeal No.: 3227 Applicant: EUSTACE C. ERIKSEN Location of Affected Land: I085 West View Dr., Mattituck County Tax Map Item No.: 1000-I39-I-3 Within 500 feet of: -- Town or Village Boundary Line xx Body of Water (Bay, Sound or Estuary) __ State or County Road, Parkway, Highway, Thruway __ Boundary of Existing or Proposed County, State or Federally- Owned Land __ Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area __ Existing or Proposed Right-of-Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Estab- lished Channel Lines, or Within One Mile of a Nuclear Power Plant __Within One Mile of An Airport. COMMENTS: Applicant is requesting permission to construct add. to e~i~ting "gue~ ~ott~ge" or Second dwellin~ str~ctur~. Public He~ring Juqe 2I, I984, No Action T~ken. Copies of Town file and related documents enclosed herewith for your review. Dated: June 28, I984 ~ ~. ~/~ Temp. Secretly, Board of Appeals HOUSING CODE INSPECTION October 3, 1975 1085 Westview Dr. R-1 Mattituck, N. Y. Tax Roil: Charles Gildersleeve & Wf Unoccupied Upon receipt of a request for a Pre-Existing Certificate of Occupancy from Gary F. Olsen, Attorney, Mattituck0 I made an inspection of the buildings on this property. I picked up key from Wickham & Lark, P.C., Mattituck, and began in- spection at approximately 9:50 A.M. The prime building is a one story framed dwelling. There a~e two bedrooms, living room, dining room, full bathroom, kitchen and laundry room. A screened porch at the rear of building runs approximately the entire length of the living room and encloses exterior entry to living room. Heat is furnished to ali rooms from an oil fired warm air furnace located in partial full bellar. Crawl space of building foundation is under laundry room and addition to north bedroom. These areas are accessible from full cellar. An accessory building is located in rear yard along south side of property line. A former garage, this building haS been altered and the interior has been partitioned (framing only) into four rooms and bathroom. A sewage drainage system has been installed in slaD of foundation. ~An informal discussion with the Board of Appeals and present owner was held sometime in 1969 w~th regard to making living ~nit ih this buil i_~. The Board s-r~commendations were that living room~w~-~ermissible b~chen facilities ~ould not be permitted.~ The following violations uf The Housing Code, Chapter 52, Town oi Southold, were found: Dwelling: Entrances, Kitchen : Bathroom : front and rear, no means of controlling light in room on entry. Article V, Sec. 52-56 B.2. Gas cooking range, no shutoff valve at unit. Article V, Section 52-52 B.2. water supply line to water closet, l~:ak at elbow. Article V, Sec. 52-51 A.2. Housing Code Inspection 1085 Waterview Drive, Mattituck Pg. 2 October 3, 1975 Cellar: Waste drains from kitchen sink and laundry washing machine run through foundation walls and would appear to run directly to disposal system. No connection to building soil line system within LuilUing. Article V, Sec. 52-51 C.1 - water supply pump motor, two were pigtail to wall outlet. A~ticle V, Sec. 52-56 A 1-5. Hot water heater, electric, repair made to tank at terminal block and thermostat control, structural defect. Auhicle V, Sec. 52-50 A. Cellar Stairwa~ - newel d~maged by termites. Art. III, Sec~ 52-30 A, Sec. 52-32 A. Accessor~ Building: Several broken windows on west side and entry door, Article III, Sec. 52-31 Sill along south wall on entry level - termite damage, Article iii, Sec. 52-30 B., Sec. 52--31 A, Sec. 52-32 A. Building sewage soil line oil exterior of foundation subject to freezing. Article V, Sec. 52-50 B. Inspection completed at approximately 10:30 A.M. Key was returned to the office of Wickham & Lark, P.C. EH:mm Respectfully~ ~ submitted, ~ ~d'qar d Hindermann Building Inspector I"vI~ATT $ TLJ ~ K 5/8/84 BY Z.B.A; AL NO. 3227 - E. ERIKSEN fIEW DRIVE, MATTiTU~--~'~ Legal Notices NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pUrSuant to Section ~67 of the Town Law and the Provisions of the Amended Code of the Town of Southeld, a Regular Meeting and the following public hearings will ~ held by the Southold-Town Board of Appeals at the Town Hall, Main Road, Southold, NY on THURSDAY, JUNE 21, !~84, commencing at 7:30 p.m. and as follows: 7:35 p.m. Application for ~ jOHN DENNy, 333 Warwick Avenue, Teaneck, NJ 07666 ~r a Varianc~ to the Zoning Ordinance, Article III, Section 100-32 for permission to e°nstruct accessory garage btiilding in the frnntyard area ~lt premises, 1255 Private Read #1 (Goese Creek Lane), 10uthnid, NY; County Tax ~p Parcel No. 1000-076-08- 7:40 p.m. Applicatioa of }EORGE R. TUTHILL, Box 716, Cutchngue, NY for a V'ariance to the Zoning ' )rdinance, Article III, Section i00-31 for approval of !.0sufficient area and width of I~arcels located at the north i~ide of Bay Avenue, Cutchogue, NY; Nassau ~rarms Subdivision, part of !~ot 140; County Tax Map Parcel No. 1000-104-04-33. 7:45 p.m. Application for DAVID AND JEANNE BRAWNER, Main Road, Orient, NY for a Variance to the Zoning Ordinance, Article iii, Section 100-31 for approval of insufficient area of parcel to be set-off from an 4.066 acre ~iaarcel at the South Side of in Road, Orient; County Tax Map Parcel No. 1000-20-3- 28 and part of 11.2. 7:55 p.m. Application of ERNEST AND JEAN STUMPF, 207 Roxbury Road South, Garden City, NY 11530, for a Variance to the Zoning Ordinance, Article III, Sec- lion 100-32 (and/or Section 100- 31) for permission in construct raised deck with an insufficient setback in the side and rear yards at the West Side of S. Oakwood Drive, Laurel; County Tax Map Parcel No. 1000-1454{3.005. t~_8:05 p m Ap linatinn for EUSTACE C. ERIKSEN, 1085 ~ Westview Drive, Mattituck, t NY for a Variance to the J ,Zoning Ordinance, appealing / ~the December 12,1983 decision ~-- )of the building inspector in ~order to permit the conversion ' and renovation of a "guest cottage" or second dwelling structure at premises known as 1085 West View Drive Mattituck; County Tax Map Parcel No. 1000-139-1-3. 8:15 p.m. Application of JOHN GRIGONIS, 950 Bay- view Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of the construction of new dwelling with r. etlon of sideyard setback, at premises located at 860 Main Bayview Road Southold County Tax Map Parcel No. 1000070-07-016.2. 8:20 p.m. Application for PATRICK CARRIG and MARK S. McDONALD, (Owners: Eric and Nancy Maim), Richmond Road, Soutbold, NY for a Variance for approval of access, New Yerk Town Law, Section 280- A, over a private right-of-way located at the north side of Bergen Avenue, Matlitack, in premises identified as County Tax Map Parcel No. 1000-112- 1~18, containing approximately 3.9 acres. 8:40 p.m. Application for DOUGLAS MILLER, Montank Highway, Quogue, NY for a Variance for approval of accesses, New York Town Law, Section 280- A, over two private ,r}gh,~_.is-of- way, one known as Kirkup Lane" and one as "Laurel Wa ' Y located at the South Side of Sound Avenue, Mattituck, (near Laurel), to premises identified as County Tax Map Parcel No. 1000-121- 4-10 containing approximately 7.2 acres. 8:55 p.m. Applicatin~l for BERTRAM AND MARGERY WALKER recessed from May t 17, 1984 for Variances for: (a) interpretation, (b) approval of deck in sideyard, (c) approval of reduction of livable floor area and insufficient sideyards of dwelling conversion· Peconic Bay Bird., Laarel; 1000-145-4-014. 9:15 p.m. Application of ARTHUR R. TRUCKEN- BRODT, et al.. Private Read, Orient, NY for a reversal of the interpretation o£ the building inspector concerning a Certificate of Occupancy No. Zl1736 issued Jane 21, 1983 to E. Loucopoulos and H. Damianas for an one-family dwelling and four accessory cottage structures at Private Road No. 7, (a/Ma Diedericks Road), Orient; County Tax ~ap Parcel No. 1000-18-034105 Current Owners: D.I. Abbott and J.T. Swanson]. Persons having an interest in any of the above matters may be heard at the time and place specified above. For additional information, please contact our office, 765-1809 (or 1802). Dated: June 5, 1984. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD p. GOEHRINGER CHAIRMAN 1TJ7-4587 STATE OFNEWYORK ) ) SS: COUNTY OF SUFFOLK ) SUSAN W. ALLAN 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 one weeks successively, commencing on the ? th dayof June 19 8~ Principal Clerk Sworn to before me this ?hh dayof June 19 84 NOTICE OF PUBLIC HEARING NOTICE IS'HEREBY GIV- EN, pursuant to Section 267 of the Town Law and the Pro- visions of the Amended Code of the Town of Southold, a Regular Meeting and the fol- lowing public heariugs will be held by the Southold Town Board of Appeals at the Town Hall, Main Road, Seuthold, NY on S Y JUNE 21 1984~ commencing at 7:30 p.m. and as follows: 7:.t5 p.m~ Application for ~, 333 Warwick AVenue, Tea Neck, NJ 07666 for a Variance to the Zoning Ordinance, Article IH, Section 100-32 for persmisalon to con- struct accessory garage build- i~g in the frontyard area at premises, 1255 Private Road #1 (Goose Creek Lane), South- old, NY; County Tax Map Parcel No. 1000-078-08-009. 7:40 p.m. Application of GEORGE R. TUTHILL Box 719, Cutchogue, NY for a Variance to the Zoning Ordin- ance, Article HI, Section 100- 31 for approval of insufficient area and width of parcels located at the north side of Bay Avenue, Cutchogue, NY; Nas- sau Farms Subdivision, part of Lot 140; County Tax Map Parcel No. 1000-104.04-33. 7:45 p.m. Application for DAVID AHD JEANNE I~IP, AWNER' Main Road, Or- lent, NY for a Variance to the Zoning Ordinance, Article IH, Section 100-31 for approval of insufficient area of parcel to be set-off from a 4.066 acre parcel at the South Side of Main Road, Orient; County Tax Map parcel No. 1000-20-3-28 and part of 11.2. 7:55 p.m. Application of ERNEST AND JEAN 5TUMPF, 207 Roxbury Road South, Garden City, NY 11530, for a Variance to the Zoning Ordinance, Article IH, Section 100-32 (and/or Section 100-31; for permission to construct raised deck with an insuffi- cient setback in the side and rear yards at the West Side of S. Oakwood Drive, Laurel; County Tax Map Parcel No. 1000-145-03-005. ~, ~ 8:05 p.m. Application foR ,~EusTACE C. ERIKSEN, 10851 Westview Drive, Mattituck, NY for a Variance to the Zoning Ordinance, appealing the December 12, 1983 deci- I sion of the building inspector~ in order to permit the con-' ~version and renovation of aq "uest cottage" or second l~welling structure at premises }known as 1085 West View IDrive, Mattituck; County Tax ~ Map Parcel No. 1000-139-1-3. ~ 8:15 p.m. Application of~ JOHN GR1GONIS, 950 Bay- view Road, Southold, NY for a Variance to the Zoning Ordin- ance, Article IH, Section 100- 31 [or approval of the con- struction of new dwelling with reduction of sideyard setback, at premises located at 860 Mai~ Bayview Road, Southold; County Tax Map Parcel No. 1000-070-07-016.2 8:20 p.m. Application for PATRICK CAP, RIG and' COUNTY OF SUFFOLK STATE OF NEW YORK Potricio Wood, being duly sworn, soys 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-Watch- man once each week for ............................. ./. ......... weeks successively, commencing on the ................ ~. ................... day o~ .......... ./..~:'L..~. ................... 1 9_': ..... ....... Swam to before me this ............... : ................ day of ............ ..................... , Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. llg?l TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS May 17, 1984 GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. S · E . Q · R. A . SERGE DOYEN, JR. ROBERT.I. DOUGLASS NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H. SAWICKI Notice of Determination of Non-Significance APPEAL NO.: 3227 PROJECT NAME: EUSTACE C. ERIKSEN 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: Request for reversal of the Dec. 12, 1983 decision of the building' inspector, in order to permit the conversion and renovation of a "guest cottage or second dwelling. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as:1085 West View Dr Mattituck County Tax Map ~1000-139-1-3 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) A road or structure exists between the activity proposed and tidal wetlands (or other critical environmental area). FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowalski, Secretary, Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802. Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. JUDITH T. TERRY TOWN CLERK REGISTRAROI VITAI. SI,\[ISIICS 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 March 7, 1984 To: Southold Town Zoning Board o£ Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3227 application of Eustace C. Eriksen for a variance. Also included is notification to adjacent property owners; Short Environmental Assessment Form; Letter relative to N.Y.S. Tidal Wetlands Land-Use; Notice of Disapproval from the Building Department; and survey. Southold Town Clerk STATE OF NEW YORK : COUNTY OF SUFFOLK : EUSTACE C. ERIKSEN, residing at 1085 Westview Drive, Mattituck, New York, being duly sworn, deposes and says: THAT he is the owner of premises_at 1085 Westview Drive, Mattituck, New York s._ince July 22, !97Z3 THAT continuously since his purchase of said premises he has used the guest cottage referred to in Certificate of Occupancy No. Z672~,dated October 3, 1975, as a guest cottage and there has been no lapse of use of said building as a guest cottage since he purchased the premises; THAT he is now making this affidavit for the purposes of having the Southold Building Inspector issue permits fnr ~he addition of a qaraqe as well as renovations to th~ ,existinq quest cottage; THAT this affidavit is being made at the request of the building inspector and that your deponent's intent is to keep the present guest cottage use as set forth in the above mentioned Certificate of Occupancy. Eustace C Erlksen % Sworn to before me this ~ day of November, 1983 -- -- ~ PHYLLIS ATKrNSON NOTARY PUBLIC, St:~e o~ New Yor~ N~. 52-4665676 FOi~I. NO, 4, TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Clerk's Office Southold, N. Y. Certificnte Of Occupnncy THIS CERTIFIES that the building located at .,?./~4..,~r: ~.~.v./.gV..D.r.~. y9 ...... Street Map No. XX ....... :~. Block No.. ~;~ ...... Lot No.~.:.x...~ir~.i.t.u. 9.k...~. :?".'. ......... conforms substantially to the ~O.l~qtJ~ built l,e6ore Anr ..., c,~r~ific.~te of occur,~ncy dated ................ ~3. 19. ~.~'. pursuant to which ~o.. z6.~.26. dated ........... .0.c.t. ..... 3..., 19.7.~., was issued, and conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which this The certificate is issued to . Q.i.l.d..e ~.s.];c~ y.e.., t..o..A.I.~ z.-!; ~..~..J. l)Q.e..15 .r.e ks.....u., :n,?.r.s..... (owner, lessee or tenallt) of the aforesaid building. Suffolk County Department of Health Approval t~r/~.~. ~:qi.~tin§ .................... UNDERWRITERS CERTIFICATE No. ~?.q -.. ? ~,.i.~ ~ ii .~ ............................ HOUSE NUMBER 108~ Street "r~::~tVJ ~ trive FO~ NO. ~ TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Clerk's Office Southold, N. Y. Certificnte Of Occupancy THIS CERTIFIES that the building located at ~/,~ .,,e stv~e~ ~r~ve Street Map No. Y~X ....... 5. Block No.. Z~ ...... Lot No?~.x.. A~.t.tAt. U..c.k.. !:..' .......... conforms substantially to the ~tJ4~)~{~OJ$~~ built belR~,re · ~ c,..,t~f~c~%e of occur~ncy dated ........... 8P.r...~J ...., 19. ~.~. pursuant to which ~o.. Z6.~26. dated ........... ~P.~ .....~.., 19 ~.~., was issue, ~d confo~s to ~ of the r~ ments of the applicable provisions of the law. The occupancy for which this certificate is (can be gues,~ buildi.nE~c?tta{,e with r~ issued is F.r.i.y~.t.e..9.n.e..f..a~.~j..1.X..d?{ql. ] j.ns.' .¥.i.tR .~g.c.e.~i .sg.r.y. ....... ." ('6ob~fin~ facili~_'~ / The certificate is issued to . .G.i.l.d..e.r.s.l. 9 .v.e..t. 9..A.l.f..r?.d. ?..J..u.n.e..~ .r.e.b.s.....0f :n. 9F.s.: .. (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval pr.e,.-., existi:~g .................... UNDERWRITERS CERTIFICATE No. p.r.e.-., e.~.i.~t.:i..n~ ............................ HOUSE NUMBER ..... 1.0.8. [ ..... Street . .'{~! .s.tx{ .k .~!i..v.e ........................ Building Inspector NO. ~ TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Clerk's Office $outhold, N. Y. Certificate Of Occupancy THIS CERTIFIES that the building located at .';/./~..-!0 ~.t.v.~.qV..~Xi..v.a ...... Street Map No. ~ ....... ~. Block No.. z~;~ ...... Lot No. XF:.x. . .l:;:~?,.%t.u..c.k...?. :.,.: ......... conforms substantially to the . .~f~c. te of occlmvncy dabtUe~lt .................. before Anr .~3. , dated ........... .0.c.t. ..... ~ .., 19.7.).'., was issued, and conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is (ca~ be gue~' issued is Priv:~te one fa~J.].y dwei~ij)?-% ','ith accc:;sory buildin~cot~a~e wi~h no ....................................................... ." ('dSb~fin~ facili The certificate is issued to . .G.i.l.d. 9 F.$.l. fiY.e..t. 9..&~?!~,~l. f..~'VT~P..1~ .r.e.b.s.....0., ~n, ?.r.s.: .. (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval ~)r!~.~. c ,~z.~tz~g .................... UNDERWRITERS CERTIFICATE No. ~re- ozi::t' n~ HOUSE NUMBER ..... 1.Q8. 5 ..... Street.."?[ !; .t.v).. V.. (~[ i. y.e ........................ Building Inspector TOWN OF SOUTHOLD, NEW YORK APPEAL f~/~~ OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. DATE 3/6/84 1, (We) ff~.U$.TA,GJl..¢.0..~.%IJ~$.~ ............................ of ....:,iQ~..W~.t;.w~,.¢~ ]~J-.v.¢ ................................ Name of Appella.nt Street and Number Mattituck N.Y. ......................................................................................................................... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION DATED: 5/13/84 FOR: Building permit WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (x) Name of Applicant for permit of !.o..8..5...~.e..s..:...~.i..e.~..~.:..i.~.e.., .. ~.a..:. ~.i. ~.c..k..,.. ~.:~......'.~ ................................................... Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY PERMIT TO BUILD Guest Cottage (renovation~ 1. LOCATION OF THE PROPERTY J:Q~.5. ~.e.D..t.y..i..e..w....D..riYe, M.a..t..t..i..t..u..c..k. ...................... ~.'..A.I'' ....... Street and Hamlet Zone Tax MaR DesignatioD 1000-139-1-3 OWNER(S): Eustace C. & Gladvs L. Eriksen Mop No. Lot No. DATE PORC~ASmD: ~.~.~ ........ 2 PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article , Section N/A 3. TYPE OF APPEAL Appeal is made herewith for ( )A VARIANCE to the Zoning Ordinance or Zoning Map ( )A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 (X) APPEAL from a decision of the Building Inspector 4. PREVIOUS APPEAL A previous appeal ~[[¢m~) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such cppeal was ( ) request for a special permit ( ) request for o variance and was made in Appeal No ................................. Dated REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( ) A Variance to the Zoning Ordinance (X) APPEAL from a decision of the Building Inspector is requested for the reason that ~zWDX~k~tz~la~zf~t~x strict application of the interpretation of the Building Inspector will deny applicant his existing property rights. Fo,~ ZB! (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practi~ai~ ~iffi~ultie~ mr unneces- sary HARDSHIP because Strict application of the interpretation of the Building Inspector will deny applicant his existing property rights. When applicant purchased the subject premises in July, 1977, he did so only for the purposes of utilizing the premises as a one family dwelling with an accessory building that could be used as a guest cottage with no cooking facilities. Applicant purchased the said premises speci- fically relying on a certain Certificate of Occupancy dated 10/3/75 (#Z6726), which Certificate of Occupancy was specifically issued for a private one family dwelling with accessory building. A copy of this Certificate of Occupancy is attached hereto and made a part hereof and was signed by the then Building Inspector, Howard Terry. If this appeal is denied and the interpretation of the Building Inspector is not overruled, applicant will have suffered severe financial loss based upon represen- tations made by the Town of Southold and upon which applicant relied. 2 The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because No one in the Town of Southold has been seriously aggrieved as applicant by the denial of the Building Inspector, which is erroneous and is resulting in the taking of property without the due process of law, violating applicant's Federal and State constitutional rights. 3 The Variance would observe the spirit of th~ Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because No new structures are being created the ordinance has not been violated. The guest cottage is a valid dwelling, pursuant to the Certificate of Occupancy attached hereto. STATE OF NEW YORK ) ) ss COUNTY OF SUFFOLK ) ~r Applicant Sworn to this ...... .6.th .................................. day of ..........M~r.cb. ................................... 19 84 l~lA1~'r' I~IAN~ TOSTER NOTARY PUBLIC, St~te of New York No. 524655242, Suffolk County Commission Expires ~,~arch 30, 19 ~ BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter oT the Petition of EUSTACE C. ERIKSEN to the Board of Appeals of the Town of Southold TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petitio~..i~p~rd of Appeals of the Town of Southold to request a (Variance) (Special Exception) (Special Permit) ~ [circle choice] APPEAL from a decision of the Building Inspector ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 1083 West View Drive, Mattituck, N.Y. Suffolk County Tax Map No.: 100 - 139 - 1 - 3 [. 3. That the property which is the subject of such Petition is located in the following zoning district: "A" gesidential/A~ricultural 4. Thatbysuch Petition, the undersigned willrequestthefollowingrelief: permission to renovate pre-existing guest cottage~ based upon an erroneous interpretation of the BuildinK Inspector . 5. That the provisions of the 5outhold Town Zoning Code applicable to the relief sought by the under- signed are Article N/A Section 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road. Southold, New York and you may then and there examine the same during regular office hours. (516) 76~5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the fight ,to appear and be heard at such hearing. Dated: .... ~/6/84 Petitioner Rudolph H. Bruer, Attorney for Petitioner Post Office Address Main Road, P.O. Box 1047 Southold, New York 11971 NAM~ Morton J. Phillips Richard Praetorius PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS Westview Drive, Mattituck, New York 11952 1593 Vedder Road, Saugerties, New York 12477 STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: Marv Diana Foster , residing at McCann Lane, Greenport, N.Y. , being duly sworn, deposes and says that on the 6th day of March , 19 84 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above~named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- rice at Southold. New York ; that said Notices were mailed to each of said persons by (certified) ~l~'~l) mail. Sworn to~q~r~e me this 6th day o..[~'/ Mar~h, , ,19 84 Diana Foster Vic-- Re: Eustace Eriksen, Westview Drive, Mattituck Could you tell us why a Notice of Disapproval was issued on an application for a building permit dated May 13, 1983 when a Building Permit was issued for the same building permit lL~J~m. On what was your Notice of Disapproval based on -- a written application or a personal inspection? If it was a personal inspection, shouldn't your Disapproval. be re-worded to indicate that? ~ ~S~C (~ Application for B.P. dated May 13, 1983 Building Permit Issued August, 1983 Notice of Disapproval issued December, 1983 Thanks-- Linda FORM NO, $ TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N. Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) 12492 Z Permission is hereby granted to: .... ,~~.,....,~.~e.~.~..'i~7,.~ ..... /....Y.,2?.....~,~/,,Z. .. /Z/~,~.~ ....... ./ ...... ,~.~.c..z..~......~: ......... ,o ...... . . .-T. ~. .`~ /v~... . . ~. ~. ~. . .~z. /.~ ` ~. . . ~` ; : .~. . ~. ~. . .7. ~. ~ . . .~. . ~:`~Z. . . . . ~ . . ~. .~. . . . .... ...~...~....zz~ ...,~.~.,~.~..~ ~/...~.~. ......... .,~. ~.....~.~.....~Z~.. __, ~..,. ...... ....... ~.,:.: ........ Z7..~.~ ....... d..:...~.~z~..¢:....~.... .......................... ~,,,, To. ~o~ ~o. ,ooo Se¢,,on .... ./.~. ...... ~,=~ ....O..Z ....... 2 ~No. ~ ~ . ~, ,..~..~:.. Building I~tor Rmc 6/30/80 SHORT ENVIROh~ENT.~L ASSESSMENT FOP~M INSTRUCTIONS: (a) In order to answer the questions in this shor~ SAF is is assumed that the preparer will use currently available information concerning the project and tbs likely impacts of the action· It is not exoected %hat additional studies~ research or other investigations will be undertaken,' (b) If any question has been answered Yes the project may be signifioan~ and a ccmp!eted Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that this projec~ is no% significant, (d) ~.nviror.~ental Assesseent 1. Will project result in a large physical cD~nge to the project site or physically alter more than 10 acres of land? · · , , , · · , , Yes No 2. Will there be a major change to any unique or unusual land form found on the si~e? · Yes No 3. Will project alter or have a large effect on an existing body of water? . . . , . , · Yes Nc &. Will project have a potentially large impac~ on groundwater quality? · , · · , . · · Yes / No 5. Will project significantly effect drainage flow on adjacent sites? · · · , · · · · · Yes 6. Will project affect any threatened or endangered plant or animal species? , , , · · , · , Yes No 7, Will project result in a major adverse effect on air quality? · , · · · , · Y~a No 8. Will project have a mmJor effect on visual char- acter of the community or scenic views or vistas known to be important %0 %he community? · · ·. Yes / No 9. Will project adversely impact any site or struck- ute of historic, pre-historic, or paleontological importance or any site designated as a critical environmental area by a local agency? · · · . Yes...~ No 10. Will project have a major effect on existing or future recreational opportunities? . , , Yes 11. Will project result in major traffic problems or cause a major effect to existing transportation 12. Will project regularly cause Objectionable odors, noise, glare~ vibration, or electrical disturb- ance as a result of the project's operation? · . Yes~ No 13. Will project have any impact on public health or safety? · · · ....... · · · Yes No 1L. Will project Affect the existing community by directly causing a ~rowth in permanent popula- tion of more than 5 percent over a one-year period or have a major negative effect on the character of the com~munity cr neighborhood?.. Yes No 15. Is there ~ ~o~f~oncerning ~he projec%? Yes /No PREPARER'S SIG~ATURE~ ~?_.~//~A ~4~f.~ TITLE: Attorney for Apol~aant REPRESENTI~G: ~Eusta~e C' Eriksen ' DATE: ~/ ~ /84 911/78 QUESTIONNAIRE TO BE COMPLETED AND FILED WITH APPLICATION TO THE Z.B.A. The New York State Tidal Wetlands and Use Regulations, 6 NYCRR, Part 661, requires an application to the N.Y.S. Department of Environmental Conservation, Environmental Analysis Unit, Building 40, S.U.N.Y., Stony Brook, NY 11794, (tel. 516-751-7900), if you have checked Box #1 and/or Box #6 below. Please either call their office or personally visit them at their Stony Brook office for instructions and application forms. Once you have received written notification of approva please provide our office with a copy (with the conditions) as early as possible in order that we may continue processing your Z.B.A. application. [ ] I. [/~] 2. [ ] 3. [ ] 4. [ ] Waterfront without bulkheading Waterfront with bulkheading in good condition [ ,~ the full length of the property £ ] at least 100' in length Not located within 300' of waterfront or wetlands area May be located within 300' of waterfront or wetlands area; however, the following structure separates my property from this environmental area: [ ] 50' existing road [ ] existing structures [ ] bluff area more than 10' in elevation above mean sea level This proposed addition/expansion of an existing building will be more than 75' from the landward edge of tidal wetlands/waterfront areas. This proposed addition/expansion of an existing building will NOT be more than 75' from the landward edge of tidal wetlands/waterfront area. [ ] 7. Please be aware that any and all subdivisions and new dwellings will also require an application to the N.Y.S. Department of Environmental Conservation for their review and approval. If you are able to provide them with recent photographs of the project and wetland areas, it would help expedite the processing of your applica- tion. This questionnaire is made to explain the requirements of this State Law and to prevent any unnecessary delays in processing your application(s). 10/831k