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HomeMy WebLinkAbout2396 TOWN OF ~OUTHOLD, NEW YORK ACTION OF THE ZONING BOAED OF APPEALS Appe~ No. 2396 DaSd May 4, 1978 ACTION OF THE ZONING BOARD OF APPEALS OF THE TO~FN OF SOUTHOLD To Mr. and Mrs. Patrick Edward Lyons Main Road Orient, New York 11957 (George C. Stankevich, Esq.) DATE .~a~...~..,... 1978 AppeLant at a meeting of the Zoning Board of Appeals on was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance (X) Request for a variance to the Zoning Ordinance ( ) the appeal 1. SPECIAL EXCEPTION. By resolution of the Bo~d ~ was d~ermined that a special exception ( ) be ~anfed ( ) ~ de.ed pursuant to Artic~ .................... ~n .................... Subsection .................... paragraph .................... of the Zonfng Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be co~/rmed b~anse 7:35 P.M. (E.S.T.) - Appeal No. 2396 Postpone~ decision upon application of Patrick Edward and Linda Martz Lyons, Main Road, Orient, New York for a special exception in accordance with the Zoning Ordinance, Article XI, Section 100-118D for permission to reinstatee non-conforming, two-family use. Location of property: North side Main Road, Orient, New York, bounded on the north by D. Rose; east by Finkle; south by Main Road; west by D. Moore. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because SEE REVERSE practical difficulties (b) The hardship created (is) (is not) umque and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (would not) SEE REVERSE and therefore, it was further determined that the requested variance ( ) be granted ( that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. SEE REVERSE FORM ZB4 PPROVED BOARD OF APPEALS ) be denied and After investigation and inspection, the Board f s that the applicants request permission to reinstate non-conforming, two-family use, north side Main Road, Orient, New York. The findings of the Board are that the applicants recently became the owners of a 31,928 sq. ft. lot on the north side of the Main Road, Orient, New York, on which are located 2 two-story severly deteriorated framed buildings, vacant and alleged to be abandoned for 17 years, joined by a dilapidated porch, set on unmortared field stone, presently a nuisance to neighbors and an eye- sore as well as being dangerous to children. Both houses exceed the minimum 850 sq. ft. requirement of the present Zoning Ordinance. Adjoining the property to the west is a two-family use while across the street there exists a house in which rooms are rented. Also, on the south side of the street within 150' of this property is a multiple dwelling for the aged. The applicants' property is further encumbered by a right-of-way on the easterly side of the lot which provides ac-ess for half a dozen lots of two acres or better and five smaller lots approximately one-third acre north of the applicants' land extending to Long Island Sound. The evidence indicates that the two houses were used as residences by related members of the same family, including two cesspools and some evidence of two kitchens. A stated hardship of the applicant is bank reluctance to authorize the very substantial funds required to rehabilitate the two structures without the assistance of rental income, a fact which is self evident and is further implemented by computations provided by the applicant. Simply stated, it would be a severe economic hardship to restore two deteriorated buildings estimated to be at least 100 years old and containing an estimated 2,000 plus sq. ft. of living space for the part- time use of one family. The applicants are familiar with the problems of restoration having restored a brooklyn brownstone, their present residence, and expect to do much of the work themselves. The fact that the property was virtually abandoned indicates the severity of the situation. In the absence of any Town policy with respect to condemna- tion of derelict properties, it would appear that the present applicants will provide a feasible solution. It might be further pointed out that the proposed solution will satisfy all of the criteria required for special exception uses except lot size, which has been increased from 25,000 sq. ft. to 40,000 sq. ft. to 80,000 sq. ft at present, a density figure derived from water studies of the past. It shouldI be noted that the location is in the deepest aquifer area of Orient, approximately three-fifths of a mile from salt water. The unique aspects of this application include two separate ancient buildings linked by a porch and two separate cesspool systems, in an area where similar multi-family uses exist nearby. One other unusual and unfavorable characteristic of the site is the existence of the well-travelled right-of-way on the property to the rear lots. These unusual circumstances preclude the possibility that the relief asked for would set a precedent for the conversion of large houses into two- family units. The Board views this action as the only practical solu- tion available. The Board finds that the public convenience and welfare and justice will be served and the legally established or permitted use of neighborhood property and adjoining use districts will not be permanently or sub- stantially injured and the spirit of the Ordinance will be observed. RESOLVED, Patrick Edward and Linda Martz Lyons, Main Road, Orient, New York, be GRANTED permission to reinstate non-conforming two-family use, north side Main Road, Orient, New York, as applied for, subject to the following oonditions: Tovm Cl~rk, xov:n c~ ~u ..... d Patrick Edward and Linda Martz Lyons -2- April 13, 1976 1. There shall be no expansion of the size of the existing buildings. 2. There shall be one well source for water. 3. Automobile parking shall be off the travelled right-of-way preferably in the rear yard area. 4. The board shall review this appeal within five years. Vote of the Board: Ayes: Messrs: Gillispie, Grigonis, Doyen, Maimone. LEGAL NOTICE Notice of Hearings Pursuant to Section 267 of the Town Law and the provisions of the Amended Building Zone Ordinance of the Town of Southold, New York, public hearings will be held by the Zoning Board of Appeals at the Town Hall, Main Road, Southold, New York, on Thursday, March 23, 1978, on the following appeals: 7:55 P.M. (E.S.T.) upon application of Patrick Edward and Linda Martz Lyons, Main Road, Orient, New York (George Stankevict Attorney) for a special exception in accordance with the Zoning Ordinance, Article XI, Section 100-118 D for permission to reinstate non-conforming, two-family use. Location of property: North side Main Road, Orient, New York, bounded on the north by D. Rose; east by Finkle; south by Main Road; west by D. Moore. 8:05 P.M. (E.S.T.) upon application of Charles A. Bolsch, 30 Roosevelt Street, Little Valley, New Jersey (Gary Olsen, Attorney) for a variance in accordance with the Town Law, Section 280A for approval of access. Location of property: Indian Neck Lane, Peconic, New York, bounded on the north by W. Zurl; east by Tuthill Bungalow Properties, Inc.; south by Pizzarelli; west by P. Wood; Lot 2, Minor Sub. %87. 8:15 P.M. (E.S.T.) upon application of Wilford Kryger, 130 Washington Drive, Centerport, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule for permission to construct dwelling with insufficient front yard setback. Location of property: Westphalia Road and Deer Drive, Mattituck, New York; Lot #19, Map of Deer Park, Filed Map #3204. 8:25 P.M. (E.S.T.) upon application of Victor Teich c/o Burr G. Lewis, Main Road, Cutchogue, New York for a variance in accordance with the Zoning Ordinance, Article !II, Section 100-31 and Bulk Schedule, and the Town Law, Section 280 A for permission to change lot lines and approval of access. Location ~ ~ LE~OTICE ~ Notice of Hearings P~r~-u~nt to Section 267 of the Town Law and the provisions of the Amended Building Zone Ordinance of the Town of Southoid, New York, public hearings will be held by the Zoning Board of Appeals at the Town Hall, Main R~ad, Southold, Now York, on Thursday, March 23,1978, on the following appeals: 7:55 P.M. (E.S.T.) upon ap- plieatian of Patrick Edward and Linda Martz Lyons, Main Road, Orient, New York (George Stankevich, Attorney) for a special exception in accordance with the Zoning Ordinance, Article XI, Section 100-115 D for )ermission to reinstate non- conforming, two-family use. Location of property: North side Main R~ad, Orient, New York, bounded on the north by D. Rose; east by Finkle; south by Main Road; west by D. Moore. 8:05 P.M. (E.S.T.) upon ap- plicatinn of Charles A. Bolsch, 30 Roosevelt Street, Little Valley, New Jersey (Gary Olsen, At- torney) for ~a variance in ac- cordance with the ,Town Law, Section 2~0A for approval of access. Location of property: Indian Neck Lane, Pecouic, New York, bounded on the north by W. Zurl; east by Tuthill Bungalow Properties, Inc.; south by Piz- zarolli; west by P. Wood; Lot 2, Minor Sub. No. 87. $:15 P.M. (E.S.T.) upon ap- plication of Wifford Kryger, 130 Washington Drive, Centerport, New York for a variance in ac- cordance with the Zoning Or- dinance, Article III, Section 100- mkmtun tO ~ dwelling with imufflcient front yard setback. Loeati~ of property: Westphalia Road and Deer Drive, Mattituck, New York; Lot No. 19, Map of Deer Park, Filed Map No. 3204. 8:25 P.M. (E.S.T.) upon ap- plicatiou of Victor Teich c-o Burt G. Lewis, Main Road, Cutchngue, Now York for a variance in ac- cordance with the Zoning Or- dinanee, Article III, Section 100- 31 and Bulk Schedule, and the Town Law, Section 2~0 A for permission to change lot lines and approval of access. Location of property: South side Broad- waters Read, Cutohogue, New York; Lots No. 189 and 190, Amended Map "A" of Nassau Point Properties, Filed Map No. 156. 8:35 P.M. (E.S.T.) Recessed COUNTY OF SUFFOLK, STATE OF NEW YORK, ~ ss: TROY (~JSTAVS ON ...................................... being duly Sworn. says that .. ~r]E.., is Printer and Publishex of ~he SUFFOLK WEEKLY TIMES, a newspaper published at Greenport, in said county; and that the notice, of which the ~nnexed is a printed copy, has been published in the said Suffolk Weekly Times once in each week, fur ....... .0..N~. ................ weeks successively commencing on the ... S~IX.'I~EI~T[/ ........... day of .,, .~.]~.C.~I~----,-~.....c,/19.~. aay of .. -,~./,,'/~.~-c_,,/,~. 19. ! ..... LEGAL NOTICE Notice of Hearings Pursuant to Section 267 the Town Law and the provt- sions of the Amended Building Zone Ordinance of the Town of Southold, New York, public hearings will be held by the Zoning Board of Appeals at the Town Hall, Main Road, Southold, New Yo~, on Thurs- day, March 23, 1978, on the E.S.T.) upon app~f Patrick Edward and Linda Martz Lyofi~, Mai~ Road, Orient, New York (George Stankevich, Attorney) for a special exception in accordance with the Zoning Ordinance, Article XI, Section 100-118D for permission to reinstate non-conforming, two -family use. Location of pro- perty: North side Main Road, Orient, New York, bounded on the north by D. Rose; east by Finkle; south by Main Road; west by D. Moore. 8:05 P.M. (E.S.T.) upon application of charles A. Bolsch, 30 Roosevelt Street, Little Valley, New Jersey (Gary Olsen, Attorney) for a variance in accordance with the Town Law, Sect;.on 280A for approval of access. Loca- tion of property: Indian Neck Lane, Peconic, New York, bounded on the north by W. Zurl; east by Tuthill Bungalow Properties, Inc.; south by Piz- zarelli; west by P. Wood; Lot 2, Minor Sub. #87. 8:15 P.M. (E.S.T.) upon application of Wilford Kryger, 130 Washington Drive, Cen- terport, New York for a var- iance in accordance with the Zoning Ordinance, Article Ill, Section 100-31 and Bulk Schedule for permission to construct dwelling with insuf- ficient front yard setback. Location of property: West- phalia Road and Deer Drive, Mattituck, New York; Lot #19, Map of Deer Park, Filed Map #3204. 8:25 P.M. (E.S.T.) upon application of Victor Teich c/o Burt G. Lewis, Main Road, Cutchogue, New York for a variance in accordance with the Zoning Ordinance, Article Ill, Section 100~31 and Bull[ Schedule, and the Town Law; Section 280A for permission to - change lost lines and approval of access. Location of proper- ty: South side Broadwaters. Road, Cutchogue, New York; Lots #189 and 190, Amended Map "A" of Nassau Point COUNTY OF SUFFOLK ss: STATE OF NE-'~V YORK Pat~icia Wood ~ being duly sworn, says that she is ~n Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at £outhold, 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 ...Z.~ ................................ ............... Sworn to before rrm this ...~..~. .............. day ot ..... .......... Notary Public Town Of Southold TOWN CLERK 765-3783 Building Dept. t Planning Bd. 765-2660 Board of Appeals TOWN CLERK'S OFFICE Maln Road Southold, N. Y. 11971 Pursuant to the General Municipal Law, Chapter 24, of the Consolidated Laws, A~ticle 12-B, Sections 239-1 and m, the ...Boar~,..of...~peal,$ .......... of the town of Southold, N. Y. hereby refers the following (ng~ncy invorv~) proposed zoning action to the Suffolk County PJanning Commission: (check one) ........... New and recodified zoning ordinance Patrick & Linde Lyons Main Road ............ Amendment to the zoning ordinance Orients NY ............ Zoning changes X ............ Special permits ............ Variances Location of affected land: ...NO, l,'~...sit~[e..J[~l~.-~..~-q~J.~...O~n~-.s...!*~l~' ....................................... within 500 feet of: (check one or moreI ............ Town or village boundary line ..~ .......State or county road, parkway or expressway ............ State or county ~perk or recreation area ............ Stream or drainage channel owned by the county or for which the county has established channel lines ............ State or county owned ,parcel on which a public building is situated Comments: The applicants wish to reinstate a non-conforming, two-family use on an undersized lot (31,928 sq. ft.), The Ordinance requires 80,000 sq. ft. for a two-fam~ly house. Chairman Tide Date received by Suffolk County Planning Commission ..................................................................... File No ................................. JUDITH T. TERRY TOWN CI~RK REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 TELEPHONE (516) 765-1801 February 21, 1978 To: South~ld Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal No. 2396, application of Patrick Edward Lyons & Linda Martz Lyons for a variance. Also enclosed is notification to adjacent property owners as follows: David & Janet Moore, Main Road, Orient, N.Y.; Philip and Elayga Finkel, Main Road, Orient, N.Y.; Donald and Janis Rose, Main Road, Orient, N.Y. Town Clerk JTT/bn cc:file Enc./ FORM NO. 3 O TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL PLEASE TAKE NOTIC£ thai- your application dated .................................................... -'~' '~'~'~ at the premises located at for permit to ~ ........................ ~ ................................................... ...... ..-~...,~... ...... ...~.....~.'?"" ........ ~.~.....~. ........... Street Map .................................... Block ............................................ Lot ................................................ is returned herewith and disapproved on the following grounds ......~........~.~...:~...~...~.. ...... .~......~....~.....~..~...,~__y_~..~ ................ ~,....~ ............... ...... .................................................. Building Inspector O TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. PATRICK EDWARD LYONS and ....................... of Name of Appellant Street and Number ...S..o...u..t...h.g..l..d.....T..o...w..n.. ............................................................. .N...e.~...Y...o..r...k. ...... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSP[[CTOR ON N A~/~£/~1~, ~ APPLICATION FOR PERMIT NO...(.N../.~..) ........................ DATED .....{.../~..)......t~.......,./....t~.. ........... WHEREBY THE BUILDING INSPECTOR DENIED TO (N/A) ................................... Name of Applicant for permit of Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (v'~ VARIANCE REINSTATING NON-CONFORMING USE, TO WIT, PREEXISTING TWO- District "A-Residentzal Agricult~t, District ~1000-Section ~018-Block ~03-Lot ~012.1. Map No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- cfi a Pra rap h ' Ordin~ce bv r).u~nb~r. Do r~(~o_t~l~?r(cyr]ance.) ~e~u~o~% ~o~e ~1°66n~§~] or ~outMol~ co~e 3. TYPE OF APPEAL Appeal is made herewith for (X) 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) SPECIAL EXCEPTION 4. PREVIOUS APPEAL A previous appeal ~ (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit N/A. N/A. ( ) request for a variance and was made in Appeal No ...... .N./..A. .................... Dated ........ fl./.A.., ..................................................... REASON FOR APPEAL ( ) A Varianceto Section 280A Subsection 3 X)A Vgriance to the Zonina Ordinance reinstatement of non-conforming use, to wit, wo-~amz%y hguse,.$ou~old.Cod9 ~%~0-~18(d) X) ~peczal ~xcep=lon zor =wo-[amzly house, Southold Code ~100-30(b) (1). is requested forthe reason that house was constructed prior to zoning as a multiple- family residence, but use has been abandoned and house has been vacant and derelict for years, thus non-conforming, preexisting two-family use may have been lost. Form zB! (Continue on other side) REASON FOR APPEAL O O Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practicaldifficultiesorunneces-, say HARDSHIPbecaH~: (a) this house was constructed prior to zoning for multiple-dwelling use with multiple bathrooms and kitchens, (b) house has been abandoned for 17 years and is a public eyesore, a derelict and dangerous, (c) the neighborhood contains many two-family and multiple-family houses and will not be changed by thereinstatement' of two-family use status to this house or granting a special exception for a two-family house, (d) it is not financially feasible to repair this large house as a one-family house, (e) it is not financially feasible to heat and run this large house as a one-family house, (f) mortgage financing has only been obtained through the expec%ation that the house could be used for two-family dwelling purposes, (g) the granting of this application could only turn a public eyesore into a presentable house, (h) the neighborhood could in no way be hurt by this application. 2. The hardshipcreatedis UNIQUE ond isnotshored by oil properties olike in the immediate vicinity of this property and in this use district because : (a) there are many two-family and multiple-family houses in the neighborhood and den~al of this application would make this house a unique exception to the neighborhood use, (b) the hardship on the'denial of this application would be that mortgage-financing, could be withdrawn and this house could remain a pub- lic eyesore, derelict and dangerous. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because: (a) the neighborhood already has many two-family and multiple-family houses, (b) there will be little detrimental change to the exterior of this house, (c) the exterior of this house will be greatly improved, painted, repaired, restored and made presentable and respectable. STATE OF NEW YORK ) ) COUNTY OF SUFFOLK ) S~/~,)to this ......... 15.~,h ............................ day of .......... 2~.e...b..z~..u..a..r.y.,. ............... : .......... 19 EDWARD-LYONS 78 GEORG£ C. STANI~EVICH ATTORNEY AT LAW February 15, 1978 Southold Town Zoning Board of Appeals Main Road Southold, New York 11971 Re: Application of Patrick Edward Lyons and Linda Martz Lyons Dear Sirs: Please find enclosed the Application of Patrick Edward Lyons and Linda Martz Lyons for: (a) A variance reinstating pre-existing nonconforming use, to wit, a two- family dwelling, Southold Code §100-18(d), and/or (b) A special exception permitting a two-family dwelling in'an "A-residential agricultural" zone, Southold Code ~100-30 (b)(1). The following are enclosed in order to process the above: (a) Three (3) copies of the Application. (b) Notice to Adjoining Neighbors. (c) A $15.00 check in payment of your fees. Sincerely yours, GCS:kam Enclosures BOARD OF APPEALS, TOWN OF SOUTHOLD Inthe MatterofthePetitionof : PATRICK EDWARD LYONS and : LINDA MARTZ LYONS : totheBoardofAppealsoftheTownofSouthold : NOTICE TO: David and Janet Moore, (No Number) Main Road, Orient, NY 11957 Philip and Elayna Finkel, (No Number) Main Road, Orient, NY 11957 Donald and Janis Rose, (No Number) Main Road, Orient, NY 11957 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (Special Exception) (Special Permit) (the following relief: (a) reinstatement of pre-existing, nonconforming use~ to wit~ two-family dwelling: .qn,,~hnl~ ). Code ~?~8-~b(~)(l~r (b) special exception for two-family dwelling, Southold Code 2. That the property which is the subject of the Petition is [ocated adjacent to your property and is des- cribed~follows: North side Main Road. Orient~ New York 11q57, Suffolk County Tax Map District 1000. Section 018. Block 03. Lot 121 3. That the property which is the subject of such Petition is located in the following zoning district: "A-residential agricultural" zoning di.~tr4~t: .~,,~hnld O. od~ S1 flfl-'4fl 4. That by such Petition, the undersigned will request the following relief: (a) reinstatement of pre-existing, nonconforming use, to wit, two-family dwelling, Southold Code ~100-118(d) or (b) special exception for two-family dwellinq~ Southold C~de §100-30 (b) (1) 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are: (a) reinstatement of pre-existing~ nonconforming use, to wit, two- family dwelling, Southold Code ~100-118 (d) or (b) special exception for tWO- fa6~. %~ wd~t~he~ n1 ~Jfc~a,ys ~rOoUmt~Oe ld~ateChOerde%f,~alwOr(~t~e3nOl~e]~i~i~)~ )requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma)' then and there examine the same during regular office hours. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: February 15, 1978 . Patrick Edward Lyons and Linde Martz Lyons Petitioner Post OfficeAddress (No Number) Main Road Orient, New York 11957 RECEIPT FOR CERTIFIED MAIL--3~9 (plus postage) SENT TO (No 9) Main Road Orient. ~VERsPEC~EB VER~TO ADDR~SSEE~ ~'~:.~ONLY ...................................................... ~i_ F?fm 38~ NO INSURANCE~OVERAGE PROVIDED-- pt ~71 NOT FOR INTERNATIONAL MAIL NAME PROOF OF MAILING OF NOTICE ADDRESS David and Janet Moore Philip and Elayna Finkel Donald and Janis Rose (No Number) Main Road, Orient, New York 11957 (No Number) Main Road, Orient, New York 11957 (No Number) Main Road, Orient, New York 11957 STATE OFNEW YORK ) COUNTY OFSUFFOLK) SS.: Kathy A. Mazzaferro , residing at Pine Neck Roadt Southoldt New York 11971 , being duly sworn, deposes and says that on the 15th day of February ,19 78 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at Southold ~ New York ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to before me this  f Februar_______y,19 7--8 Notary Public UNDA F. KO~I~ ~4~'~TARY PUBLIC, ~ ef Nmi, No. 52.4524771 O O BOARD OF APPEALS, TOWN OF SOUTHOLD Inthe MatterofthePetitionof : PATRICK EDWARD LYONS and LINDA : MARTZ LYONS : totheBoardofAppealsoftheTownofSouthold : AMENDED NOTICE TO: David and Janet Moore, (No Number) Main Road, Orient, NY 11957 Philip and Elayna Finkel, (No Number) Main Road, Orient, NY 11957 Helena Schmidt, 2 Norfolk Road, Great Neck, NY 11022 (formerly owned by Donald and Janis Rose) YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of $outhold to request a (Variance) (Special Exception) (Special Permit) (the following relief: (a) reinstatement of pre-existing, nonconforminq use, to wit. two-family dwellin~ So,,tTM % de ~100-118(d) or (b) special exception for two-family dwelling, Southo~d Code ~100-30(b) (1). 2. That the property which is the subject of the Petition is located adjacent to your property and ms des- cribed ~ follows: North side Main Road, Orient, New York 11957, Suffolk County Tax Map District 1000, Section 018, Block 03, Lot 121 3. Thattheproperty whichisthesubjectofsuchPetitionislocatedinthefollowingzoningdistrict: "A-residential agricultural" zoning district, Southold Code ~100-30 4. That by such Petition, the undersigned will request the following relief: (a) reinstatement of pre-existinq~ nonconforminq user to wit~ two-family dwellinq, Southold Code ~100-118(d) or (b) special exception for two-family dwellinqr Southold Code 5100-30 (b) (1) $. That the provisions of the SouthoJd Town Zoning Code applicable to the relief sought by the under- sign.edare: (a) reinstatement of pre-existing, nonconforminq use, to wit, two- family dwelling, Southold Code S£0O-llU(d) or (b} special exception for two-fa~.~tdwellinq, Southold Code ~100-301bI ~1) within five [lays from the date hereof, a written t'et~t~on requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma), then and there examine the same during regular office hours. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: March 7, 1978 Patrick Edward Lyons and Linda Martz Lyons Petitioner PostOfficeAddress (No Number) Main Road Orientr New York 11957 O PROOF OF MAILING OF NOTICE NAME ADDRESS David and Janet Moore Philip and Elayna Finkel Helena Schmidt (No Number) Main Road, Orient, New York 11957 (No Number) Main Road, Orient, New York 11957 2 Norfolk Road, Great Neck, New York 11022 STATE OFNEW YORK) COUNTY OFSUFFOLK) SS.: Kathy A. Mazzaferro , residing at Pine Neck Road, Southold0 New ¥~rlc ] 1 9 71 , being duly sworn, deposes and says that on the ~ day of March ,19 7 8 , 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 r New York ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to before me this 7 day ,.f March ,19 78 Notary Public TOWN OF SOUTHOLD ZONING BOARD OF APPEALS In the Matter of the Application of PATRICK EDWARD LYONS and LINDA MARTZ LYONS, Applicants. BRIEF OF APPLICANTS GEORGE C. STANKEVICH Attorney for Applicants Main Road Southold, N.Y. 11971 (516) 765 - 3838 TABLE OF CONTENTS Pa~ NATURE OF THE CASE FACTS 1 POINT I - The granting of a special permit giving two'family status to the subject premises is permissible and would be a public benefit . POINT II - Relief could be granted to the applicant on a narrower basis, to wit, granting two-family status on the basis of reestablishing a pre-existing, non- conforming use . 6 1 NATURE OF THE CASE This is an application to the Southold Town Zoning Board of Appeals to enable Mr. and Mrs. Patrick Edward Lyons to rehabilitate two derelict, dangerous, and deteriorated semi- attached, one hundred year old houses in Orient, as a two- family structure. Technically, the application is one for the reinstatement of a nonconforming two-family house, Southold Town Code ~100-118(d) or alternatively for a special exception to establish a two-family house, Southold Town Code §100-30(b) (1). FACTS The subject premises is located on the northerly side of Main Road, Orient, New York, approximately 600 feet East of i~s intersection with Platt Road. There are two principal structures on the subject premises, both at least one hundred years old: (1) a large two- story frame house facing directly onto the Main Road, having a partial basement with approximately four rooms on the first floor and four rooms on the second floor, (2) a smaller two-story frame house immediately to the rear and containing no basement and one room on the first floor and one room on the second floor. The two houses are connected by a "u-shaped" porch which wraps around the North, East, and South side of the smaller house, attaching it to the main house. The existence of the two houses is not readily apparent unless one walks around the~ side of the houses, from which point the photographs in Exhibit A were taken. There appear to be inde~ndent~ cesspool systems serving each house.~ Ail of the above has been documented by the testimony at the hear- ing by the on-site inspections of Affidavit of John W. Olson, P.E., the houses. the Board members and by the the civil engineer who inspected The condition of the houses is unique by their devasta- tion. Windows and doors have been broken and torn off, exposing the interior to the elements for the last seventeen (17) years while the premises has been vacant, producing gaping holes in the floors and the plaster walls. The first step in rehabilitating these structures has been to commence clearing the overgrown brush and gutting the interiors. In essence, the houses are a public eyesore, derelict, and dangerous. They are aesthetic abominations. They are strewn with broken wine and beer bottles and neighbors have testified that they have become a hangout for children and strangers who even park their cars in adjoining driveways. The neighborhood could only benefit by the rehabilitation of these houses as a two- family premises, which would be in keeping with the character of the surroundin~ neighborhood which already contains several exist-. ing two-family uses, to wit, the premises immediately to the West contains a residence and rental cottages, there is one across the street to the East which contains apartments and rental rooms, and one across the street and further East which contains an old folks home. There was no objection at the hearing from any of the neighbors. . 3 The granting of two-family status to these houses will only eliminate a cancer that has stood vacant on Main Road in Orient for seventeen (17) years. There aren't six houses in the entire Town of Southold that are in as bad condition as these, and the very fact that these are two independent semi-attached houses prevents this decision from being a precedent to be applied to single structure large old farm houses. POINT I THE GRANTING OF A SPECIAL PERMIT GIVING TWO- F~4ILY STATUS TO THE SUBJECT PREMISES IS PERMISSIBLE AND WOULD BE A PUBLIC BENEFIT. Under the Southold Town Zoning Ordinance the subject premises is located in an "A-Residential and Agricultural" district in which two-family dwellings are a permitted use, see Southold Town Code §100-30(b) (1). Under such circumstances the Suffolk County Supreme Court in Baxter v. Gillispie 60 Misc 2d 349, 354 stated that: ...Where a zoning ordinance such as in this case, authorizes a "special exception" or "special permit" subject to administrative approval, what is involved in a use which is ~erm$~ted rather than proscribed by the zon- ng regulations and, for that reason, imposes upon the Board, as well as the applicant, a duty and burden entirely different than an application for a variance (3 Anderson, American Law of Zoning, ~§15.01, 15.11). In the latter case, the Board's power is to be sparingly exercised and only in rare instances based upon unique circumstances and a showing of unnecessary hardship. But no such proof is required for a special exception permit. The issuance of such a permit is a duty imposed upon the Board once it is shown that the pro- posed use meets the standards prescribed by the ordinance [Emphasis added] .... 4 In granting a special permit for a two-family house, Southold Town Code ~100-121(c)(1) directs the Board of Appeals to consider the effect on: (a) adjacent properties, (b) adjacent uses, (c) safety, health and welfare, (d) harmony with the general purposes and intent of the Zoning Ordinance. Also, Southold Town Code ~100-121(c) (2) directs the Board of Appeals to consider: (a) the character of the existing district and suitability of the district for the proposed use, (b) the conservation of property values, (c) traffic Congestion, (d) public and private water and sewage facilities, (e) noxious gases, etc., (f) electrical discharges, etc., (g) interference public facilities, (h) off street parking, (i) hazards, (j) overcrowding, (k) plot area, (1) adjacent church or places of public assembly. There was no objection from the community to granting two-family status to the subject premises because it is beyond the pale of belief that anyone would view the proposed rehabili- tation of the house as anything but a public betterment. Out of the sixteen (16) conditions and criteria above listed, the Lyons comply w~%h all except that there is insufficient plot area.. However, this "area" requirement can be varied or waived by the Zoning Board of Appeals. In considering an "area" variance, it is appropriate under Fulling v. Palumbo 21 N.Y. 2d 30 for the Lyons to demonstrate as they have in Exhibit C that even if they use one. house and absorb the reasonable value of it, they will have a net monthly loss of $139.69, Exhibit C line 11, which on an annual basis 5 when combined with the lack of return on equity, would produce a total yearly economic loss of $5,576.00, Exhibit C line 20. Now, this is not to say that the Lyons want a free house, but it does show that even if they absorb $300.00 per month for their use of one of the houses, it will not be economically feasible to rehabilitate the houses without income from an addi- tional rental unit. It is perfectly obvious that this is the explanation as to why the subject premises has lay empty and vacant for seventeen (17) years, and why the previous owner abandoned his rehabilitation project after he had only put a roof on the houses. In considering the economics from the community's point of view, is it better to say: "Tough luck! Why did you buy it?" and let this eyesore continue to infect the community, or is it better to say: "Thank God! Someone with a little initiative has decided to rehabilitate the houses; let's help them but protect the community with reasonable conditions." In evaluating the "practical difficulties" in grant- ing an "area" variance, Wachsberger v. Michalis 19 Misc 2d 909, tells us to consider: (a) how substantial the variance is, (b) the effect on ~ensity and governmental facilities, (c) whether substantial change will be produced in the character of the neighborhood, or a substantial detriment imposed upon adjoining properties, (d) other methods of obviating the difficulty, (e) whether in view of the manner in which the difficulty arose and in consideration of all of the above factors, the interests of justice will be served by allowing the variance. The Lyons are as concerned as the Board of Appeals as to the effects of granting the application, and therefore are willing to accept conditions such as the following: (a) no out- side storage of garbage, (b) all automobiles must be parked in the rear yard, (c) no outside lights after 11'~00 p.m., (d) no outside noises after 11:00 p.m., (e) no outside clotheslines, (f) no expansion of the size of the existing buildings, (g) no exterior changes to the buildings other than rehabilitation, paint- ing and the like, (h) one well of a limited size, (i) special permit to be only for a period of five years, after which time the Lyons must reapply to the Zoning Board of Appeals for renewal. Additional control is provided by Planning Board site plan approval for any additional exterior structural changes, Southold Town Code §100-30(b). In essence the needs of the applicant, the community, and justice coincide. Two-family status should be granted to the subject premises with appropriate conditions. POINT II RELIEF COULD BE GRANTED TO THE APPLICANT ON~ A NARROWER BASIS, TO WIT, GRANTING TWO- FAMILY STATUS ON THE BASIS OF REESTABLISHING A PRE-EXISTING, NONCONFORMING USE. It is undisputed that the two houses exist as pre- existing, nonconforming structures. The layout of these two houses leads one to believe that at one time they were used as two-family houses. The present economics of rehabilitation and heating establishes that as their only feasible present use. The applicants thought they looked like a "mother and daughter" combination. At the hearing a helpinq hand was given by one, not a neighbor, but familiar with the premises indicating that prior to abandonment, they were occupied by a bachelor and his two spinster sisters. Thus, we are told by an accident of genetics that we are to ignore the fact that there are two structures only reasonably suited to two-family use. It must be remembered that the mechanism of reestablih- ing a pre-existing two-family use has only been offered to pro- vide the Board of Appeals with a tool to further limit its decision avoiding fears of "bad precedents" while at the same time afford- ing relief to the Lyons and lifting this eyesore off the shoulders of the community. WHEREFORE, it is respectfully requested that the application of Patrick Edward Lyons and Linda Martz Lyons be granted. Yours, etc. GEORGE C. STANKEVICH, ESQ. .Attorney for Applicants Main Road Southold, New York 11971 (516) 765-3838 MAIN ROAD SOUTHOLD, N. ¥. 11971 (516) 765-3838 GEORGE C. STANKEVICH ATTORNEY AT LAW April 3, 1978 Southold Town Zoning Board of Appeals Main Road Southold, New York 11971 Re: Application of Patrick Edward Lyons and Linda Martz Lyons Dear Sirs: Regarding the above entitled matter, please find enclosed six (6) copies of the following documents: (a) Retyped Exhibit C; (b) Affidavit of John W. Olson, P.E., the civil engineer who inspected the subject premises; ted; matter. GCS:kam Enclosures (c) Tax map with surrounding multiple uses designa- (d) Affidavit of George C. Stankevich, Esq.; (e) Brief. Thank you for your cooperation regarding this C O LYONS APPLICATION Capital Expenditures (1) Aquisition Cost (2) Closing Expenses (3) Mortgage Southold Savings Bank (4) Total Capital Expenditures 16,000.00 1,113.00 30,000.00 $46,113.0'~ Monthly Carrying Costs (5) Mortgage (6) Taxes (7) Insurance (8) Maintenance (9) Total 264.69 100.00 25.00 50.00 $ 439.69 Monthly Income/Use (10) 1 unit Owner Occupancy (11) Loss Monthly ~12) Yearly Loss (300.00) 139.69 $ 1,676.28 Yield on Equity (13) Cost Overrun in anticipated expenses & Out-of-Pocket Expenses (14) Acquisition Cost (15) Total Equity (16) Rate of Return on Equity (17) Yearly Return on Equity 10,000.00 16,000.00 $26,000.00 .15 $ 3,900.00 Yearly Economic Loss w/o Rental Unit (18) Yearly Loss, Item ~12 supra (19) Yearly Loss (Return) Equity, (20) Total Yearly Economic Loss Item 17supra 1,676.28 3,900.00 SOUTHOLD TOWN ZONING BOARD OF APPEALS COUNTY OF SUFFOLK:STATE OF NEW YORK In the Matter of the Application of PATRICK EDWARD LYONS and LINDA MARTZ LYONS. COUNTY OF SUFFOLK) STATE OF NE~; YORK) JO}IN W. OLSON, P.E., being duly sworn, deposes and says: FIRST - QUALIFICATIONS. I am a Professional En- gineer registered by the State of New York, License ~33479. I hold a Bachelors of Civil Engineering Degree from Brooklyn Poly- technical Institute dated 1952 and a Masters of Civil Engineering Degree from Brooklyn Polytechni~a!l Institute dated 1958. I have 26 years experience as a practicing structural and civil engineer. SECOND - INSPECTION. On March 29, 1978, at approximately 1:00 p.m. in the afternoon, I inspected the premises owned by Patrick E. Lyons and Linda Martz Lyons located on the northerly side of Main Road, Orient, New York, shown on the survey annexed hereto. I found two 2-story independent frame structures linked by a covered porch. The age of both of these buildings is in excess of 100 years. The rear building had no basement; the front building had a partial full basement. It appears that there are two cesspool systems, one for each building. There was no heat installed in either building. It was impossible to determine the type of electrical system since the building has been gutted. Both buildings are in extremely severe and deteriorated conditions with the exception that a new roof has been installed. THIRD - TWO BUILDINGS° After my inspection of the subject premises, it is my opinion that there was con- structed and there presently exists on the site two independent structures and buildings linked by a covered porch. It is im- possible, because of the age of the buildings, to determine whether both were constructed on site or whether one or both were moved on site and connected by the porch at a later date. From the configuration of the rooms and the location of the buildings and their size, it is my opinion that the only feasible use for both structures is to maintain them as two independent living units. Furthermore, from the extremely deteriorated con- dition of the two structures, it is my opinion that they could not feasibly be rehabilitated as a single-dwelling unit because of the extensive work and high cost involved. The only way in which such high cost could be born in my mind is to have at least one of the units serve as a rental unit. FOURTH - I?;TEREST. I have no interest in the outcome of the above proceeding. Dated: March 29, 1978. Sworn to before me this 29th day of March, 1978. P,~ T2ICAC ~'f. ,~ . YONS SOUTHOLD TOWN ZONING BOARD OF APPEALS COUNTY OF SUFFOLK:STATE OF NEW YORK In the Matter of the Application of PATRICK EDWARD LYONS and LINDA MARTZ LYONS. AFFIDAVIT COUNTY OF SUFFOLK) : STATE OF NEW YORK) ss.: GEORGE C. STANKEVICH, ESQ., hereby affirms pursuant to N.Y.C.P.L.R. R2106: FIRST - ATTORNEY. I am the attorney of record for the applicants and make this Affidavit upon information and belief the sources thereof being the records and investigations kept and conducted by my office regarding this matter. SECOND NEIGHBORHOOD. Multiple dwelling uses in the neighborhood of the applicant have been shown on Exhibit D. THIRD - CONDITIONS. The applicants are will- ing to consent to the imposition of the following conditions on the granting of a special permit: (a) No outside storage of garbage; (b) All automobiles must be parked in the rear yard; (c) No outside lights after 11:00 p.m. ings; (d) No outside noises after 11:00 p.m.; (e) No outside clotheslines; (f) No expansion of the size of the existing build- the buildings other than (g) No exterior changes to rehabilitation, painting and the like; (h) One well of a limited size; (i) Special permit to be only for a period of five years, after which time the Lyons must reapply to the Zoning Board of Appeals for renewal. FOURTH - WATER SUPPLY. In order to ameliorate any fears regarding water supply, the applicants are willing to limit the number of wells on the subject premises to one and to limit the size of said well. Furthermore, at the present time the Town of Southold is not anywhere near reaching the limits of its available water supply according to the report of Malcolm Pirnie Engineers, June 1967, pp 53-54 which states in conclusion that the Town water supply can support 35,000 permanent residents and about 45,000 seasonal residents. Upon information and belief, the present population of the Town of Southold is approximately one-half of those projected estimates. The pertinent portions of the report of Malcolm Pirnie Engineers is quoted herewith verbatim: "...It is estimated that the present pop- ulation of Southold is about 16,000 and that peak population in su~m~er months is about two times this figure. Dated: The water system owned and operated by the Village of Greenport is the only public water system in Southold, It supplies more than 600,000 gallons per day of water to about 5,000 persons in areas within '~nd adjacent to the Village. It is estimated that about 10,000 per- manent residents of Southold, not supplied by the Greenport system, use an average of about 700,000 gallons per day and that some 15,000,000 summer residents use about 72 million gallons per year or the equivalent of an average of 200,000 gallons for each day of the year. The total estimated withdrawal of water for domestic use now averages 1.5 million gallons per day. Approximately 12,000 acres of vegetable crops are irrigated during dry periods each year. It is estimated that average withdrawals for this purpose is about 5.5 million gallons per day, and that total with- drawals average 7 million gallons per day. The quality of well water is generally good. It ranges from soft to hard and at most locations it is moderately hard. Iron content is greater than desirable in the water from certain wells. There have been no serious problems caused by detergents, but this may be a future problem in developed areas unless these areas are sewered. The Village of Green- port has a sewerage system. The above estimates of safe yield and present withdrawal indicate that at least 3 million gallons per day of water, in addition to present with- drawals, are available during the driest period of record. Assuming that the amount of water withdrawn for irrigation remains constant, the additional yield will provide sufficient water for a total of about 35,000 permanent residents and about 45,000 seasonal residents. KEVICH, ESQ. © SOUTHOLD TOWN ZONING BOARD OF APPEALS COUNTY OF SUFFOLK:STATE OF NEW YORK In the Matter of the Application of PATRICK EDWARD LYONS and LINDA MARTZ LYONS. AFFIDAVIT COUNTY OF SUFFOLK) : STATE OF NEW YORK) SS,: GEORGE C. STANKEVICH, ESQ., hereby affirms pursuant to N.Y.C.P.L.R. R2106: FIRST - ATTORNEY. I am the attorney of record for the applicants and make this Affidavit upon information and belief the sources thereof being the records and investigations kept and conducted by my office regarding this matter. SECOND - NEIGHBORHOOD. Multiple dwelling uses in the neighborhood of the applicant have been shown on Exhibit D. THIRD - CONDITIONS. The applicants are will- ing to consent to the imposition of the following conditions on the granting of a special permit: (a) No outside storage of garbage; (b) Ail automobiles must be parked in the rear yard; (c) No outside lights after 11:00 p.m. The water system owned and operated by the Village of Greenport is the only public water system in Southold, It supplies more than 600,000 gallons per day of water to about 5,000 persons in areas within and adjacent to the village. It is estimated that about 10,000 per- manent residents of Southold, not supplied by the Greenport system, use an average of about 700,000 gallons per day and that some 15,000,000 summer residents use about 72 million gallons per year or the equivalent of an average of 200,000 gallons for each day of the year. The total estimated withdrawal of water for domestic use now averages 1.5 million gallons per day. Approximately 12,000 acres of vegetable crops are irrigated during dry periods each year. It is estimated that average withdrawals for this purpose is about 5.5 million gallons per day, and that total with- drawals average 7 million gallons per day. The quality of well water is generally good. It ranges from soft to hard and at most locations it is moderately hard. Iron content is greater than desirable in the water from certain wells. There have been no serious problems caused by detergents, but this may be a future problem in developed areas unless these areas are sewered. The Village of Green- port has a sewerage system. The above estimates of safe yield and present withdrawal indicate that at least 3 million gallons per day of water, in addition to present with- drawals, are available during the driest period of record. Assuming that the amount of water withdrawn for irrigation remains constant, the additional yield will provide sufficient water for a total of about 35,000 permanent residents and about 45,000 seasonal residents. Dated: March 29, 1978 ~kNKEVICH, ESQ. ings; (e) (f) No outside noises after 11:00 p.m.; No outside clotheslines; No expansion of the size of the existing build- (g) No exterior changes to the buildings other than rehabilitation, painting and the like; (h) One well of a limited size; (i) Special permit to be only for a period of five years, after which time the Lyons must reapply to the Zoning Board of Appeals for renewal. FOURTH - WATER SUPPLY. In order to ameliorate any fears regarding water supply, the applicants are willing to limit the number of wells on the subject premises to one and to limit the size of said well. Furthermore, at the present time the Town of Southold is not anywhere near reaching the limits of its available water supply according to the report of Malcolm Pirnie Engineers, June 1967, pp 53-54 which states in conclusion that the Town water supply can support 35,000 permanent residents and about 45,000 seasonal residents. Upon information and belief, the present population of the Town of Southold is approximately one-half of those projected estimates. The pertinent portions of the report of Malcolm Pirnie Engineers is quoted herewith verbatim: "...It is estimated that the present pop- ulation of Southold is about 16,000 and that peak population in summer months is about two times this figure. ~rs. H.J. SCHMIDT, 2, Norfclk Road University Gardens CREAT NECK M..Y. 11020 April 5th 1978. B O A R D of A P P E /% L S Town of Southold SOUTHOLD N.Y.11971 Pe: Petition P.E'. Lyons and L.5~. LYONS. Gentlemen, I just r=coiv=d th= potition of th= above parties, filed by Atty. GEORGE C.STANICEVICH, regarding a re-zoninG, which was mailed to my Vienna addr=ss. I would appreciate, if you would postpon= tho p~bl'5c h~ar- lng until aftor May 15tS, as I am r=turning at that tim= to Great Neck. I would lik= to bo pr~s=nt at the h=aring. Thanking you for th~ postp~ont of th~ hoaring after May 15th in advance, I am Very truly Yo~..s. © O MAIN ROAD SOUTHOLD* N. Y. (516) 765-3838 GEORGE C. STANKEVICH ATTORNEY AT LAW April 3, 1978 Southold Town Zoning Board of Appeals Main Ro~d Southold, New York 11971 Re: Application of Patrick Edward Lyons and Linda Martz Lyons Dear Sirs: Regarding the above entitled matter, please find enclosed six (6) copies of the following documents: (a) Retyped Exhibit C; (b) Affidavit of John W. Olson, P.E., the civil engineer who inspected the subject premises; (c) Tax map with surrounding multiple uses designa- ted; (d) Affidavit of George C. Stankevich, Esq.; (e) Brief; Thank you for your cooperation regarding this matter. George C. Stankevich GCS:kam Enclosures LYONS APPLICATION Capital Expenditures (1) Aquisition Cost (2) Closing Expenses (3) Mortgage Southold Savings Bank (4) Total Capital Expenditures 16,000.00 1,113.00 30,000.00 $46,113.00 Monthly Carrying Costs (5) Mortgage (6) Taxes (7) Insurance (8) Maintenance (9) Total 264.69 100.00 25.00 50.00 439.69 Monthly Income/Use (10) 1 unit Owner Occupancy (11) Loss Monthly '(12) Yearly Loss (300.00) 139.69 $ 1,676.28 Yield on Equity (13) Cost Overrun in anticipated expenses & Out-of-Pocket Expenses (14) Acquisition Cost (15) Total Equity (16) Rate of Return on Equity (17) Yearly Return on Equity 10,000.00 16,000.00 $26,000.00 .15 $ 3,900.00 Yearly Economic Loss w/o Rental Unit (18) Yearly Loss, Item ~12 supra (19) Yearly Loss (Return) Equity, (20) Total Yearly Economic Loss Item 17supra 1,676.28 3,900.00 EXHiBiT © Suffolk County Department of Planning H. Lee Dennison Fxecutive Office BuildinR Veterans ~emorial I!ighway llauppau~e~ llew York 11707 (~16) 979-2918 Town of Southold Board of Appeals April 4, 1978 Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk ColmtX Charter, the following applications which have been referred to the Suffolk County Plannin? Corm'mission are considered to be a matter for local determination. A decision of local determination shou/d not be construed as either an approval or a disapproval. Applicant ~funicipal File 7Iumber Patrick &Linda Lyons Angelo Francis Corva P.B.M. Associates, Inc. Wilford Kryger Victor Teich 2396 2397 2398 2399 2400 Very truly yours, Lee E. Koppelman Director of Planning Gerald G. Newman Chief Planner © 1113 £~ G, l tlill!q'~l 6 -9A(c) 9 18.~ I0 . 2.$A(c):.' 13 I.?A(¢). 12 . 1.7A(C) I0 " " ' f3* ' . : ,. _ .. . '- 9.0A(c) "· '- - ' /' ' . ~'- ' '.: ° ,' - . .. ' ' ~ ~ SEE SEC NO 0~'-' ~ ~ MATC~ ~INE' ~ - SES S~C ~0 027 MATCh 5UIZVEYEO 0