Loading...
HomeMy WebLinkAbout2308 formerly W. Simchick. 8:00 P.M. m.D.S.T.) upon application of Howard F. and Janet A. Malone, 35 Third Avenue, Massapequa Park, New York for a variance in ac- cordance with the Zoning Or- dinance. Article 1II. Section 100- 30 and Bulk Schedule for per- mission to construct addition with insufficient side-yard area. Location of property: 250 Blue Marlin Drive, Greenport, New York; Lot No.3. Map of Southold Shores. 8:10 P.M. (E.D.S.T.) upon application of Ernest and Ruth Gibson, RD 1 Rox 195A. Southold. New York for a variance in ac- cordance with the Zoning Or- dinance, Article 1II, Section 100- 30, Section 100-32. and Bulk Schedule for permission to construct accessory building in side and front yard area. Location of property: Sound View Avenue and Kenney's Road, Southold. New York, bounded on the north by Pausewang; east by M. White; south by Sound View Avenue; west by Kenney's Road. 8:20 P.M. (E.D.S.T.) upon application of Ernest C. Radford a-c Marion D. Fitzsimmons, 69 Westgate Boulevard. Plandome. New York for a variance in ac~ cordance with the Zoning Or- dinance, Article III, Section 100- 30 and Bulk Sched'.1Ie for per- mission to set off lot with in- sufficient width and area. Location of property: N-5 Main Road. Orient. New York. bounded on the north by Long Island Sound; east by Woodhollow Properties, Orient- by-the-Sea Subdivision; south by Main Road; west by other land of applicant and Rozawsky. 8:35 P.M. (E.D.S.T.) upon application of Richard and Claire Labita c-oJon C. Kerbs. P.O. Box 470. Mattituck, New York for a v.?riance in accordance with the Zoning Ordinance. Article III, . Section 100-30 and Bulk Schedule for permission to construct dwelling with insufficient front yard setback. Location of property: Bayview Road and Clearview Avenue West, Southold, New York. bounded on the north by H. Cords; east by P. Donahue; south by Clearview Avenue West; west by Ba . Road. 1'8:50 P.M. (E.D.S.T.) upon I application of Helmut Hass. Middle Road, Peconic, New York (Stanley Corwin, Esq.) for a variance in accordance with the Zoning Ordinance, Article III. Section 100-30 and Bulk Schedule, and the New York State Building Code and Housing Code for ap- proval of building buill in violation of the Building and Housing Codes. Location of property: East side Beverly Road (Pvt. Rd.), Southold. New York, bounded on the north and west by now or formerly I. Meissnest; east by V. Ruch Est.; south by Mill Creek. Any person desiring to be heard on the above appeals should appear at the time and place above specified. LEGAL NOTICE Notice of Hearings Pursuant to Section W7 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 Rall, Main Road, Southold. New York on Thuusday, July 14, 1977, on the following appeals: 7:30 P.M. (E.D.S.T') Recessed hearing upon application of Elizabeth A. Yaro for a varIance to divide property with in- sufficient width and area, Min- nehaha Boulevard, Southold, New York. 7:40 P.M. (E.D.S.T.) upon application of John and Olivia Fellinger-lhar. 3180 Duck Pond Road, CUtchngue. New York, for a variance in accordance with the Town Law. Section 280A for approval of access. Location of property; east side Duck Pond Road. Cutchogue, New York, bounded on the north and south by other land of applicant; east by J. and P. Zuhoski; west by Duck Pond Road. 7:50 P.M. (E.D.S.T.) upon application of Long Island Vineyards, Inc., Alvahs Lan~, cutchngue New York (Abigall Wickham, , Esq.) for a special exception in accordance with the Zoning Ordinance, Article III, Section 100-30 C 6(f) for per- mission to construct off-premises directional sign. Location of property: South side CR27, Cutchogue, New York, bounded on the north by CR27; east by now or formerly E. Zuhoski; south by land of applicant; west by now or Dated: July 1. 1977 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 2763 1TJy7 OF SUFFOLK. F NEW YORK. I f ss: ) :uart C. Dorman . . . _ . . . . . . . . . . .. .............. being duly Sworn. . h~. .. is Printer and Publisher of the SUFFOLK TIMES. a newspaper published at Greenport. in said .d that thE' notice. of which the annexed is a printed been published in the said Suffolk Weekly Times one (1) ....1,;;.3L uy ,"',CUIlCY s noaa. 8:20 P.M. (E.D.S.T.) upon ap- plication of Ernest C. Radford a/ c Marion D. Fitzsimmons, 69 West- gate Boulevard, Plandome, New York for a variance in accordance with the Zoning Ordinance. Art- icle III, Section 100-30 and Bulk Schedule for permission to set off lot with insufficient width and area. Location of property: -N/S Main Road, Orient, New York, bounded on the north by Long Island Sound; east by Woodhol. low Properties, Orient-by-the-Sea Subdivision; south by Main Road; west by other land of applicant and Rozawsky. 8:3S P.M. (E.D.S.T.) upon ap- plication of Richard and Claire Labita c/o Jon C. Kerbs, P.O. Box 470, Mattituck, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to construct dwel- ling with insufficient front yard setback. Location of property: Bayview Road and Clearview Avenue West. Southold. New York, bounded on the north by H. Cords; east by P. Donahue; south by view Avenue West; west b Ba v w Road. 8:S0 . (E.D.S.T.) upon ap- katio of Helmut Hass, Middl , econic, New York (Stanle Corwin. Esq) for a variance i accordance with the Zoning Ordi nance. Article III. Section 100-3 and Bulk Schedule, and the New York State Building Code an Housing Code for approval 0 building built in violation of th Building and Housing Codes. Location of property: East side Beverly Road (Pvt. Rd.), South. old, New York, bounded on the north and west by now or former- ly I. Mcissnest; east by V. Ruch Est.; south by Mill Creek. Any person desiring to be heard on the above appeals should appear at the time and place above specified. Dated: July I. 1977 BY ORDER OF THESOUTHOLD TOWN BOARD OF APPEAI.S IT-717 (I 18) ... ~~.."~I~ Southold Town Board of Appeals -13- ,,",\ ';,,(.J ~ September 15, 1977 c th PHILIP ANDREWS: It's impossible for me to explain to you when you talk about radiation interference ... MR. OCK: tape recorder the hi-fi and the When you hear my voic took it to court showed te ion, phone. my son took a that it came through On motion by Mr. sec by Mr. Grigonis, it was RESOLVED Bartra, A al the public hearing upon appli 2312, be RECESSED to October 13, Gustav , at 8:00 P.M. of the Board: Ayes: - Messrs: Gillispie, Bergen, Grigonis, * * * ,( PUBLIC HEARING: Appeal No. 2308 - 8:15 P.M. (E.D.S.T.) Recessed hearing upon application of Helmut Hass, Middle Road, peconic, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule, and the New York State Building Code and Housing Code for approval 'of building built in violation of the Building and Housing Codes. Location of property: East side Beveraly Road (Pvt. Rd.), Southold, New York, bounded on the north and west by now or formerly I. Meissnest; east by V. Ruch East.; south by Mill Creek. THE CHAIRMAN: This was recessed until 7:40, I'm sorry we're so late. I think we indicated to you (Stanley Corwin) what our decision would be on *2308 and I believe that you then asked us to recess the hearing until tonight. The new application would be heard with this one. I don't think our decision is going to be any different. I'll read the new application. Appeal No. 2333 - 8:17 P.M. (E.D.S.T.) - upon application of Helmut Hass, Middle Road, Peconic, New York for a variance in ac- cordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to connect accessory building to main structure causing insufficient side yard setback. Location of property: East side Beverly Road (Pvt. Rd.), Southold, New York, - bounded on the north and west by now or formerly I. Meissnest; east by V. Ruch Est.; south by Mill Creek. l The Chairman opened th~ hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, notice to the appli- cant, and disapproval from the Building Inspector. The Chairman also read statement from the Town Clerk that notification by certified mail had been made to: Valentine Ruch Est.; Mr. and Mrs. George Santis; Irenen Meissnest. Fee paid - $15.00. THE CHAIRMAN: The application for a building permit has a note on the back of it, "See attached survey. The survey shows a one and one-half story framed house and garage which are connected. .... Southold Town Board of Appeals -14- September 15, 1977 That survey presently reflects the current structure. However, the ~ Building Inspector has declined to award a Certificate of Occupancy. The application now presented is to construct a breezeway between the garage and the dwelling which will consist of the existing roof over the existing breezeway and be constructed by the elimination by removal of the existing side walls and re-enforcing the beams to carry the roof from the garage structure to the dwe~ling structure. The present roof consists of rafters between the two structures with 2 x 8s, sixteen inches apart on center, covered with 1/2 inch sheathing, 30# felt and 50# felt, a built-up roof with a 3-inch pitch from side to side. The purpose of the roof is to provide some shelter between the dwelling and the garage and to carry the electrical service from the garage where the in-service is located to the dwelling. The dwelling is heated by electrical current. Reference is respectfully made to the previous applications for the construction of structures on the premises. *There may be disagreement about the effect of the proposed con- struction on the zoning law. It is the applicant's belief that in the opinion o~ the Building Inspector the construction does violate the zoning law." This application is to be taken in conjunction with the application which was originally heard about two meetings ago where the applicant was denied a Certificate of Occupancy because ( he failed to follow the original building permit application. < I think that along with this application we read a supplementary statement which was designed to alleviate defence. Is there anyone present who wishes to speak for the application concerning the breezeway? STANLEY CORWIN, ESQ.: I'm the legal representative of the applicant. I should like to address myself preliminarily to the original application. I appreciate that the Board adjourned that on a couple of occasions. One of the reasons that we had for that was to afford ourselves an opportunity to try to buy some adjoining property which would have enabled us to avoid this. While our neighbors said, "We don't have any objection to the closeness of the thing, if you want to buy our property it's for sale for X number of dollars;" and the price was a little rediculously high, so we didn't pursue it. I'm not going to withdraw that application because I wish ... THE CHAlfu~N: Which one? STANLEY COR,~IN, ESQ.: The first one, although you've indicated to me what your decision is with respect to it, I just want to preserve my client's legal rights, and now I'd like to address myself to the second one. Preliminarily, I'm a little bit appalled to hear the Chairman suggest to me that the determination is going ~ to be the same before we've conducted the hearing. That seems a '- little bit like a prejudgment. ROBERT BERGEN: That is on the first hearing. ... Southold Town Board of Appeals -15- Septem~er 15, 1977 ( STANLEY CORWIN, ESQ.: Oh, I thought he was referring to the second one. THE CHAlm~N: No. I think that it's been indicated to you our position as far as the adjourned hearing. I think as a result of the indication of our position, you made the second application. STANLEY CORWIN, ESQ.: Let me suggest that what we're really doing here is asking the Board to grant the kind of a variance that is quite different from the first one, aside from the method which we would arrive at the final result. Ordinarily, when you come in and you ask to put a breezeway between a couple of houses, you're going to construct something and in this case we're going to de- struct something, but the end result is going to be the same. THE CHAlm~N: You're going to destruct something that you were not given permission to construct. STANLEY CORWIN, ESQ.: I could spend a lot of money and tear the whole thing down and then come in here and make an application, and if you granted it, then I'd feel like a damn fool for not trying -it this way. c THE C~.I~ffiN: Agreed. STANLEY CORWIN, ESQ.: We're talking about the Zoning Ordinance and we're talking about the police power and the health, safety, and welfare of the people, as you can see from the demonstration we had here earlier this evening, that when their welfare is bothered they're here to holler about it. There's nobody here now in connection with this application and nobody's really going to be adversely affected so far as health, safety, and welfare is concerned. THE CHAI~: I think the Ruches have appeared twice. STANLEY CORWIN, ESQ.: They didn't indicate any serious adversary position with respect to what Hass has got, is applying for. Certainly as far as the breezeway is concerned, whether he constructed it with a piece of canvas without a permit which I think he could do or whether he leaves the roof that's there now to give him a little shelter to carry his electrical conduit from there, it's pretty much the same thing. I think this is really a situation where this Board should exercise its discretion and grant this variance. I don't think I can add anything to that, you're probably more familiar with it by now than I am. I'm here to answer some questions if I can. THE CHAI~~N: We had some testimony volunteered at the last meeting, I don't know whether you heard it or not, did you hear it? l STANLEY CORWIN, ESQ.: No, I wasn't here. -- Southold Town Board of Appeals -16- September 15, 1977 THE tonight. asked if will not CHAIRMAN: On my motion, the hearing was recessed until "After the hearing was closed, Irene Meissnest Miller she could speak with regard to the Hass hearing as she be able to attend the September 15th meeting." ( (The Chairman read the conversation between the Board and Mrs. Miller from the minutes of August 25, 1977.) STANLEY CORWIN, ESQ.: Can I make so~e observations with respect to }rrs. Meissnest's testimony, it sounds like testioony but I can assure you it's not, it's not sworn to. I know Irene, she's got something for Dutch pretty much the way that Buttons has. THE CHAIR}UUi: What was that? STANLEY CORWIN, ESQ.: She's got something going for Dutch the same way that Buttons has, and I think you understand my language. That's perfectly all right for her to come here and say that. If she wants to make that kind of a statement before the Board and if you want to believe it, that's your prerogative. But there isn't a word of truth. You are welcome, you fix the time, you told me once before you had difficulty seeing in or getting in, you're welcome to come and look the place over from top to bottom. With respect to the kitchen facilities in the back of the garage, there's a little sink-stove combination there and ~ there's a toilet. THE CHAI~UU~: This is the garage that's attached presently, part of the house. STANLEY CORWIN, ESQ.: That's right. There's a shower in there, people can come in from bathing without getting a lot of wet stuff allover the house upstairs which is carpeted throughout. They can come in there and have a drink and make something on the stove and have a good time. Now, when somebody objects to that, they're objecting to somebody's life style, but that does not make it a two-family house. I don't think it's anybody's business what somebody's life style is. There are not three stov.es in that house 'and there never were. When Irene says it, I tell you and I'm representing this to you as an officer of the court, there's not a word of truth in it and you're welcome to come there any time, you pick the time, we'll be there to let you in. THE CHAI~~N: I think what she said was that he has 9penings in the floor upstairs in the main' part of the house so that a third kitchen could be added. STANLEY CORWIN, ESQ.: That's not so. Come on in and take a look at it. THE CHAIRMAN: Well, you've responded to that part of it. Is there anything else that you'd like to add. t" Southold Town Board of Appeals -17- September 15, 1977 ( STN~LEY CORWIN, ESQ.: I don't think there's anything other than that to which I can make a response. We're not asking for a three-family house. and if there's three families in there and she doesn't like it, she should be the first one to go to the Building Inspector to not let them live there. We're not trying to do something behind somebody's back. THE CHAlill.UUJ: Can you tell me why he didn't follow what he was permitted to do, the building application. STANLEY CORWIN, ESQ.: Dutch is an extemporaneous artist when it comes to putting buildings together. He didn't make the application, his son-in-law did. It was a lack of communication bet\qeen them and Dutch thought he had a permit to put it up there. THE CHAIRMAN: He is also quite obstinate at times. STA1~LEY CORWIN, ESQ.: I agree. THE CHAI~~N: Anything else? Any questions of Mr. Corwin? (There was no response.) ( STANLEY CORWIN, ESQ.: We're really talking about the merits of a variance which is nothing more than putting a breezeway, a small one ... THE CHAIRMAN: On the merits, it apparently makes a big difference to the zoning procedure whether a garage is attached or not attached. It has the effect, if it's attached, of lengthening the original house and this is a very small lot, I've forgotten what it was, about 9,000 sq. ft., it's pre-existing the Zoning Ordinance, very small. That tends to cut off the amenity of open space if you connect it with a solid breezeway. Those, I think, are the considerations that the Board would be concerned with. STANLEY CORWIN, ESQ.: That's the way it should be, but I find it hard to believe that this kind of thing is something that shouldn't be granted. THE CHAI~1AN: It's a snaIl lot, I think it would make quite a.lot of difference if the lot were normal size. In fact, the procedure frequently is to attach the garage to the house. STANLEY CORWIN, ESQ.: You have a judgmental decision to make and I certainly urge you to make the one that would grant the application. l THE CHAlm'~N: I will offer a resolution denying application number, this application from Helmut Hass for a ... Appeal No. 2333 where the applicant has asked for permission for a breezeway connection. The effect of permitting this breezeway connection is ~ Southold Town Board of Appeals -18- September 15, 1977 to place the applicant's house \"ithin 3',3.7' at its closest corner(' on the northeast corner of the lot and creates a solid structure from that point to what appears to be a distance of IS' or 20' from ordinary high water mark on the south on Arshamomaque Pond,thereby connecting the two structures. The effect of this is to diminish the movement of air from the prevailing southwesterly direction to the adjoining properties to the north and east. One northerly property is already developed. It also is particularly objectionable because the pre-existing, non-conforming lot is unusually small con- sisting of approxL~ately 130' plus or minus by a width of 74.5' at the high water mark and approximately the same distance or less on the northerly boundary. The lot adjoins a vacant lot presently to the west over which it has a right-Of-way of 20' and would further compound the difficulties or obtaining or securing what little open space is left for a proper residence on the adjoining lot as well as affecting the breeze and general outlook of the lot to the east, which is presently also undeveloped in .the Valentine Ruch Estate. STA..~LEY CORWIN, ESQ.: Mr. Chairman, I rea],ize that you're making a motion and giving the reasons for it, but I wonder if before the Board votes on it, I could have an opportunity to make ,an observation on your observation. You talk about the size of the lot and I want you to remember that whole area in there was developed a long.time ago when that kind of lot was a common thing. I don't know whether this Board had a crack at it at any point, I ( think maybe they did. THE CHAIRMAN: No. STANLEY CORWIN, ESQ.: The fact of the matter is that we're dealing here with a bunch of buildings that are used only for the summer, this isn't some all-year-round thing. THE CHAIRMAN: I think that the adjoining property to the northwest, the, guy's going to live there the year round. There's quite a few of. them that are being occupied the year round. STANLEY CORWIN, ESQ.: I'm not aware of that, but all right, I'll accept that, but certainly not the bulk of them. If they are, they knew what they were buying, they were buying summer houses when they bought them, they may have made them over, but they were aware of the size of the lot. I heard what you said with respect to cutting off air and breeze but I just don't believe that there's any real significance to the fact that there's a breezeway, that isn't going to have any effect on the flow of the air in that area. I hope that the rest of the Board isn't going to be persuaded by your observation and argument that that's the case because it really isn't. I should hope that the Board would not buy that, I just don't think it's a valid argument. I wish that you, Mr. Chairman, would reconsider it yourself. I think that we're going off in the wrong .-- direction here, there have been much more serious situations where '- variances have been granted. OK, thank you very much. ( ( l .~ Southold Town Board of Appeals -19- September 15, 1977 THE CHAIRMAN: It seems to me to round up this situation, we have to act on the other one too, don't we? STANLEY CORWIN, ESQ.: I thought you were talking apout the first one when you made your motion. THE CHAIRMAN: I was talking aPout the application for a breezeway when I made the motion. This other one involved kitchens and so forth. STANLEY CORWIN, ESQ.: I hope we're talking about the same thing but I seem to have some doubt. THE CHAIRMAN: We're talking about the breezeway. That's the one we just talked about, right? The second application. STANLEY CORWIN, ESQ.: Right. THE CHAIRMAN: The first application was to leave the whole thing the way it is, right? "Attached garage, kitchen unit, attached to main house without approval, main house attached to .garage without approval, second floor added without approval, does not meet housing code or building code, violation of the Zoning Ordinance, Chapter 100-30 and Bulk Schedule, violation of New York State Building Code, violation of Southold Town Housing Code." STANLEY CORWIN, ESQ.: those factors were not the is the case. Mr. Chairman, you indicated to me that concern of this Board. I agree that that THE CHAIRMAN: He said that? STANLEY CORWIN, ESQ.: Yes, he said that, he knows that it's not a dwelling unit. THE CHAIRMAN: That's not the way we define it here. We had the same thing go to. the Appellate Division, a judge disputed it. He had improved a garage and put beds in it and one of these kitchen units, and couldn't understand why we considered it a two-family -- Southold Town Board of Appeals -20- September 15, 1977 residence. This was taken up to the Appellate Division and, as I understand it, they confirmed us all the way. It seems to me that this is not qui~e the same thing because this is attached to the house, that other one was a separate garage. ROBERT BERGEN: That's right, but we considered it two residences on one parcel. ( STANLEY CORWIN, ESQ.: I'm not interested in going to the Appellate Division on this thing. But what I'm saying is you're talking about somebody's life style just like you were when they wouldn't let the fellow bring his airplane into peconic. I said to you that if some fellow was able to fly a plane so that he could comply with all the FCC regulations there isn't any reason in the world why he shouldn't be permitted to come in out of the sky and land there. Everybody said, "Well, there's an Ordinance." I think that kind of Ordinance is pure stupidity, I didn't have any vote about making it, but that's what I think and I'm per- fectly willing to stand up and be counted and be heard to say that. THE CHAIRMAN: This is also, as I understand it, my recol- -lection of the definition that the State had is anyplace that is regularly used by an aircraft landing and taking off is an air- port. STANLEY CORWIN, ESQ.: If that was a definitxon, that's a lot of semantic nonsense. ( THE CHAIRMAN: Well, who can define an airport, can you? Because the subject's coming up again. STANLEY CORWIN, ESQ.: Well, whether somebody wants to put a carpet on the second floor, that seems to offend the Building Inspector. THE CHAIRMAN: It's far more than the carpet, it had to do with the structure of the knee walls and so forth. STANLEY CORWIN, ESQ.: If he's telling you the same thing that he's telling me, he said to me, "I'll give you a permit for a one family house." THE CHAIRMAN: After you take out the second floor partitions. STANLEY CORWIN, ESQ.: No, he didn't say that. After I take down the structure between the garage and the dwelling. THE CHAIRMAN: That would completely remove the breezeway, and remove the kitchen assembly in the garage. STANLEY CORWIN, ESQ.: No, he didn't say that. That's a separate subject. t- , Southold Town Board of Appeals -21- September 15, 1977 c After investigation and inspection, the Board finds that the applicant requests approval of building built in violation of the Building and Housing Codes, east side Beverly Road (Pvt. Rd.), Southold, New York. The findings of the Board are that the appli- cant has a self-imposed hardship. Mr. Hass failed to adhere to the building permit application in the following respects: Garage unit attached to main house without approval; second floor added to main house without approval; illegal kitchen unit was placed in garage. (Appeal No. 2308) The Board finds that strict application of the Ordinance would not produce practical difficulties or unnecessary hardship;" the hardship created is not unique and would be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will change the char- acter of the neighborhood, and will not observe the spirit of the Ordinance. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was ( RESOLVED, Helmut Hass, Middle Road, Peconic, New York, be DENIED approval of building built in violation of the Zoning, -Building, and Housing Codes, east side Beverly Road (Pvt. Rd.), Southold, New York, as applied for. The second floor partitions must be taken out of the main part of this structure leaving only enough support for the ridge. The balance of the house must meet Building and Housing Code requirements including the doors and windows. The breezeway, including the roof, must be completely removed, and the kitchen unit in the garage must be removed. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Grigonis, Doyen. (Appeal No. 2333) After investigation and inspection, the Board finds that the applicant requests permission to connect accessory building to main structure causing insufficient side yard setback, east side Beverly Road (Pvt. Rd.), Southold, New York. The findings of the Board are that the effect of this breezeway connection is to place the applicant's house 3.7' at its closest point on the northeast corner of the lot and creates a solid structure from that point to what appears to be a distance - of 15' or 20' from ordinary high water mark on Arshamomaque Pond to the south. The effect of this is to diminish the movement of air from the prevailing southwesterly direction to the adjoining properties to the north and east which would further compound the difficulties of obtaining or securing what little open space is left for a proper residence on the adjoining lot as well as af- fecting the breeze and general outlook of the lot to the east. Also, the subject premises is a pre-existing, non-conforming lot which is unusually small, approximately 130' 2 by 74.5'. ( ...... , Southold Town Board ot ~ppeals -22- September 15, 1977' The Board finds that strict application of the Ordinance ( would not produce practical difficulties or unnecessary hardship; the hardship created is not unique and would be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will change the char- acter of the neighborhood, and will not observe the spirit of the Ordinance. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED, Helmut Hass, Middle Road, Peconic, New York, be DENIED permission to connect accessory building to main structure causing insufficient side yard setback, east side Beverly Road, Southold, New York. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Grigonis, Doyen. * * * PUBLIC HEARING: Appeal No. 2329 - 8:50 P.M. (E.D. .T.) upon ~plication of James G. Nekerman, New Suffolk Roa , New .Suffolk, New York for a variance in accordance with e Zoning rdinance, ~rticle VII, Section 100-70 A and Bulk edule for p ission to use for dwelling purposes a buildin with less tha inimum floor area. Location of property: est side New (' Suffo Road, New Suffolk, New York, bounded on he north by Turcic; st by New Suffolk Road; south by S. ite; west by K. Waggenh fer. ing the application fidavits attesting to' , notice to the appli- nspector. The Chairman that notification by ony Turcic; Sam White; The Chai opened the hearing by re for a variance, al notice of hearing, its publication in e official newspape cant, and'disapproval om the Buildin also read statement from he Town Cle certified mail had been ma to: Katy Waggenhoffer. Fee paid $15~ THE C~IRMAN: The building ccording to the survey we've - ,got here, the main building on his ot is on New Suffolk Road and is occupied by a propelle/works. It's a one-story framed building. In the rear ,is wh,t is design ~ed here as a garage, ~ugust 21, 1963, survey by ,.anTuyl. This 's in a "B-1" zone. Is there anyone present w wishes to speak r this application? This building was there and it was falling apart when I bought t 's place. I rebuilt the wh e darn thing planning on making a lace for my mother, who's 85 ars old. You know, you can't thr two women in one house. I figu d it's only a quarter of a mil from where I live and then I have m business in front, and I f' ured I could stop by and take a look x on her ~ each day. I didl) "t realize I was doing anything wrong. '- s~..)...,~ Board of Appeals ~~ -21- ~ dwelling with insufficient front yard setback, Bayview Road and Clearview Avenue West, Southold, New York, as applied for. Southold Town July 14, 1977 Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. * * * c PUBLIC HEARING: Appeal No. 2308 - 8:50 P.M. (E.D.S.T.) upon application of Helmut Hass, Middle Road, Peconic, New York (Stanley Corwin, Esq.) for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule, and the New York State Building Code and Housing Codes for ap- proval of building built in violation of the Building and Housing Codes. Location of property: East side Beverly Road (Pvt. Rd.), Southold, New York, bounded on the north and west by now or formerly I. Meissnesti east by V. Ruch Est.i south by Mill Creek. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, notice to the appli- cant, and disapproval from the Building Inspector. The Chairman - also read statement from the Town Clerk that notification by certified mail had been made to: Est. of Valentine Ruchi Irene Meissnesti Mr. and Mrs. George Santis. Fee paid - $15.00. The Chairman also read the supplement to Paragraph I on the application. THE CHAIRMAN: We have the notice of disapproval that I read to you dated January 27, 1977. There is an additional notice of disapproval on March 4, 1977, to Helmut Hass, Middle Road, peconic. (The Chairman read the March 4, 1977, notice of disapproval from the Building Inspector.) . The application is accompanied by a sketch, surveyed March 4, 1977, showing that a garage has been attached to a one-and-one- half story framed house with an enclosed southerly porch and a breezeway, what apparently was going to be a breezeway or else a detached, a vacant area, and has been incorporated into the whole substance. It's difficult to read dimensions here, it approaches 21% lot coverage of the total lot which is 9,460 sq. ft. There is a 20' right-of-way extending over the property of Meissnest 75' from Beverly Road. This is, in fact, a southeasterly corner of the property originally acquired by Hass. Is there any- one present who wishes to speak for this application? (, STANLEY CORWIN, ESQ.: I filed the application for Mr. Hass, I don't think there's anything I can add to the application. I'd be glad to answer any questions if I can. If the Board feels this is a situation where some kind of a condition maybe ought to be im- posed as a condition to the granting of any kind of relief, I'd like to address myself to whatever the Board's thinking is in that direction Southo1d Town Board of Appeals -22- July 14, 1977 (\ THE CHAIRMAN: Well, for one thing, I don't think the Board can approve something that's an accomplished fact without an application that's been denied. I think in one part of your letter here you suggest that. I don't think the Board can act on something that hasn't been applied for. STANLEY CORWIN, ESQ.: I think that the Board should take an administrative note of the fact that the building is there in violation of-the sections that the Building Inspector has pointed out and complete the application as though it were being made in the first instance as an application for a variance as it is now. In other words, what we're talking about really, as far as the Zoning Ordinance is concerned I think, is the tying in of the two buildings with the breezeway. As I understand the situation to date, had the breezeway not been connected, the side yard for the separate garage would have been OK. THE CHAIRMAN: An accessory building can be put in the rear yard area. STANLEY CORWIN, ESQ.: What we're asking the Board to do is to consider the application as one being made as though we were asking for that in the first instance. THE CHAIRMAN: There are several other parts of this appli- cation that we can't act on, for instance, the violation of the New York State Building Code and the violation of the Southo1d Town Housing Code. ( STANLEY CORWIN, ESQ.: I'm not even sure, from my conversations with Mr. Terry, exactly what they are but we're certainly willing, as a condition to the granting of the variance, to correct anything that's required with respect to those violations. THE CHAIRMAN: I think that what has happened here is that Mr. Hass has proceeded on his own and has paid no attention to the building permit and has even finished off the upper floor of the main part of the building. That's a violation of the Housing Code, I guess, in a lot of ways. With regard to height, I think he's got some doorways in there that are too short, for instance. ROBERT BERGEN: No cross ventilation. THE CHAIRMAN: And he's got cooking units ... I haven't seen them because it was carefully screened when we were out there, we walked around and looked and we couldn't see in the windows what's inside the building. But it's stated in. the violation that a kitchen unit has been installed in the garage which was supposed to have been detached which, in effect, makes it a two-family house.~ Regardless of how lightly you treat a kitchen unit, it's still, in " effect, a two-family house for-our purposes and we've been upheld ' in this. Southold Town Board of Appeals -23- July 14, 1977 ( STANLEY CORWIN, ESQ.: We're not against removing it if that's a oondition in the granting of the application. THE CHAIRMAN: It would certainly be one thing. I think another thing would be the removal of the breezeway. Another thing would be to make the main part of the structure conform with the building application, although that's not strictly our problem. STANLEY CORWIN, ESQ.: I think that it essentially does, there weren't any elevations filed with respect to that. THE CHAIRMAN: What has he got, a full second floor up there? We couldn't see it. STANLEY CORWIN, ESQ.: If that's a problem, certainly we'd be very happy to make the place available for the inspection of the Board any time you want to go there. THE CHAIRMAN: We don't have to act on that if you say there is no second floor to this property. STANLEY CORWIN, ESQ.: There's a stairway up there. ( THE CHAIRMAN: He must have had some purpose for having a stairway up there. STANLEY CORWIN, ESQ.: Yes, he's finished it off. THE CHAIRMAN: Finished it off completely, huh? STANLEY CORWIN, ESQ.: I'm not sure about that, I don't think so. He got a carpeted stairway going up ... THE CHAIRMAN: You know, if he'd applied for that in the beginning, I would think that there's no reason why the Board ... but whether he's got problems there with height, you've got all kinds of height requirements in an upstairs room, interior doorways and door:' frames. STANLEY CORWIN, ESQ.: The only one Mr. Terry called particularly to my attention is the one that went from the main floor of the larger building into the breezeway. I don't know whether he specified that in the letter, but that's the only one he called to my attention. THE CHAIRMAN: That's the only one he mentioned to me. \. STANLEY CORWIN, ESQ.: Well, we can close that up. THE CHAIRMAN: Well, I think that if the Board is going to act on this tonight, we should require the elimination of the kitchen unit and the changing of the garage from part of the main house to an accessory building as originally proposed in the Southold Town Board of Appeals -24- July 14, 1977 building application and eliminating the breezeway. As to what else he might have to do, I don't know if there's anything else except in connection with the Housing Code and the State Housing Code. The building the way it is has no back yard, no side yards to speak off. c~ STANLEY CORWIN, ESQ.: It has a substantial side yard on the west side. THE CHAIRMAN: The west side? I thought there was more on the east side than the~e was on the west. Does that fence divide the two properties? He's got a split rail fence up there. STANLEY CORWIN, ESQ.: On the survey by Van Tuyl dated March 4 of this year he indicates that the main dwelling seems to be in the middle of the lot so far as both east, west, and south sides are concerned. It's approximately the same. THE CHAIRMAN: It's pretty hard to tell how big the main dwelling is on this. STANLEY CORWIN, ESQ.: On the floor plan, I don't know whether that's available to the Board or not, it indicated that the ... THE CHAIRMAN: 28' by 36', wasn't it? ( STANLEY CORWIN, ESQ.: Yes, 28' by 36'. THE CHAIRMAN: And then he's added what looks like a sun porch out here which makes it 28' by 46'. STANLEY CORWIN, ESQ.: On the south side, I think not. I think that was included. I don't think that there's any urgency that this application be acted on tonight. I would certainly extend to the Board an opportunity for any cooperation they might ask. I can arrange for the Board to inspect the house at your convenience. THE CHAIRMAN: I don't know if it's so necessary for our Board because those interior violations are pretty much up to the Building Inspector under the Housing Code. It's more the exterior that we're concerned with, so I think that we can act on it, unless you'd rather we didn't. I think that the Board should require the removal of the kitchen facilities and separation of the garage from the main house by eliminating the breezeway. I believe, from the Zoning standpoint, that would cover us. STANLEY CORWIN, ESQ.: I think I indicated in the application that the breezeway now does carry the electricity for the electri- cally heated house. You have indicated to me that you feel as ~, though you can't act upon an application that hasn't been made. , Let's assume that you were to grant the application on those con- ditions. I suspect that we would like to go back to the Building Inspector and at least be able to keep a roof between the two ( ( \ Southold Town Board of Appeals -25- July 14, 1977 structures to continue to carry the electrical units. Then, if he turns it down, we might be back on that one. THE CHAIRMAN: Those would normally be buried, any electrical stuff. It isn't as though Hass is totally naive about Zoning, we have here 11 occasions when he's been in here before, or you've been in here for him, concerning signs, front yard setback for the motel, front yard setback, permission to put a sign on property, directional signs, wall sign for Town Beach Motel, permission to divide lots with insufficient width and area, and several others. He isn't totally ignorant of Zoning. STANLEY CORWIN, ESQ.: On the contrary, he's very much aware of it. He doesn't understand it, but he's aware of it. THE CHAIRMAN: He probably knows more about it than I do. If you wish, I'm sure we'd be glad to recess this if you want to make an additional application to the Building Inspector or what- ever you want to try. STANLEY CORWIN, ESQ.: Before you recess it, there are other ..people in the room, maybe somebody would like to speak in opposition to the application. THE CHAIRMAN: I was going to do that. Are you finished? STANLEY CORWIN, ESQ.: Yes. THE CHAIRMAN: Are there any other questions of Mr. Corwin speaking for the application? (There was no response.) Is there anyone present who wishes to speak against the application? (There was no response.) I was told there would be an attorney here for the Ruch Estate. VALENTINE RUCH: I'm here for the Ruch Estate, but I see no objection to the side yard if the buildings are separated. THE CHAIRMAN: You see no objection if the two buildings are separated, is that what you said? VALENTINE RUCH: Yes. THE CHAIRMAN: Is that your principal objection? Southold Town Board of Appeals -26- July 14, 1977 VALENTINE RUCH: No, that's not what I came down here for, but you had mentioned before that the Building Inspector's office is undermanned and I would think this would indicate to you and to them that they should have someone else to follow up on these violations. There are a few, but there are less violations than there are applications. I think that they should be followed up more by the Building Inspectors of the Town. When something is seen that is wrong, it should be corrected before it's completed and perhaps more inspections should be made. r-i THE CHAIRMAN: Well, you run into some interesting problems with your suggestions. One, of course, is the Town Board who resist hiring any more people or paying anybody any more money, no matter what they do. Another is, you run into resistance, we do, with the Building Inspector as to how he can best devote his time, apply his time. Those are some of the problems but there's still a third, philosophical problem. It seems to me if we get everybody running around here checking on everybody about every- thing, it's bad enough now. I heard of a meeting in New York on August 3rd in connection with the Environmentalists that actually proposes that all farm roads be blacktopped, this is one of the .. p;!:"oposals. (The Chairman further discussed the proposed law.) That's the philosophical part of Town runs pretty good the way it is. the things that are done wrong in the next to this house that we're talking it where I think that the Sure, we try to catch all Town. For instance, right about there's a garage ... c VALENTINE RUCH: That garage was built more than two years ago. THE CHAIRMAN: Yes. Right next to this house, directly north of it, is a house with a large garage which apparently is being. used as a separate living quarters. It looked to me as if there were six or eight children there and several adults. Obviously a two-family situation on about 10,000 sq. ft. We're doing the best we can, Skip, but we can't catch everything. STANLEY CORWIN, ESQ.: Mr. Radford made the same point, you were having a discussion with him about the inspections and it's true. In Hass' case he has the same difficulty with Howard Terry, he's blaming Howard for letting him go as far as he did and Howard, of course, says "You're supposed to call me when you're ready for one." THE CHAIRMAN: Anyone else wish to speak against this application? (There was no response.) t" On motion by Mr. Hulse, seconded by Mr. Doyen, it was ( ( \. " Southold Town Board of Appeals -27- July 14, 1977 RESOLVED that the public hearing upon application of Helmut Hass, Appeal No. 2308, be RECESSED to August 4, 1977, at 7:30 P.M. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. * * * On motion by Mr. Bergen, seconded . Gillispie, it was RESOLVED that the Southold Town Boar of Appeals GRANT per- mission to the American Legion Auxiliary to hold an Antique Flea ket on Saturday, August 13, 1977 {Ra' Date August 14} subject to e condition that posters can be e cted no sooner than two weeks ior to the event and must be r moved within the week followin he event. Vote Grigonis, Ayes: rs: Gillispie, Bergen, Hulse, * Seven (7) Sign submitted; and approved as * On motion by Mr. Doyen, it was RESOLVED that the next meeting of the soue ld of Appeals be held at 7:30 .M. (E.D.S.T.), Thurs 1977, at the Town Hall, M n Road, Southold, New Yo Vote of the Board: Grigonis, Doyen. ~, - Messrs: * * * On motion by Mr. rigonis, seconded by Mr. Bergen, it was RESOLVED that a of Appeals be held a at the Town Hall, Ma pecial meeting of the Southold Town Board 11:00 A.M. (E.D.S.T.), Friday, July 22, 1977, n Road, Southold, New York. Vote Grigonis. * * Ayes: - Messrs: Gillispie, Bergen, Hulse, * The meeting was adjourned at 9:45 P.M. {E.D.S.T.} ".... '- - '-' CORWIN AND GLICKMAN ATTORNEYS AT LAW 114 MAIN STREET GREENPORT. N. Y. 11944 TBLB:PB:ONB 516 . 477.0800 STANLEY 8. CORWIN SAMUEL J. GLICKMAN August 24, 1977 Board of Appeals of the Town of South old Main Road South old, NY 11971 Re: Appeal of Helmut Hass GentlemenL I respectfully ask that this matter be adjourned for three weeks or until the next session of the Board. You may recall when I asked for an adjournment three weeks ago I indicated to you that a further adjournment might be requested. Our effort to work out a solution by the acquisition of additional property was not suc- cessful; however, we are making an application to the building in- spector for an alteration. We understand that the building inspector will deny this application and we expect to appeal from it. We would then request that the Board join and consider the two appeals. With thanks in anticipation of your coop Stanley S. Corwin SSC I jld c :> Suffolk County Department of Planning R. Lee Dennison Executive Office Building Veterans H211!orial Hight<ay Rauppauge, Net< York 11787 July 22, 1977 Town of Southold Board of Appeals Petitioner: Helmut Rass Mun. File No.: 2308 S.C.P.D.File No.: SD-77-7 Gentlemen: Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk Count yCharter, the above captioned application t<hich has been referred to theSuff~lk CountyPlartning Cotr~ission is considered to be.a matter for local determination. The decision of local determination should not be construed~s either ~n approval or a disapproval. C01DIIIents: With. the understanding that petitioner will comply with applicable occ"pa,!cy and use standards. Very truly yours, Lee E. Koppelman Director of Planning Ji' J~..M. ~. ~1~.__ 1/- __ by CHoff PLANNER GGN:fp o C) TOWN CLERK 765.3783 Building Dept. ~ Planning Bd. Board of Appeals 765.2660 Town Of Southold TOWN CLERK'S OFFICE Main Road South old, N. Y. 11971 Pursuant to the General Municipal Law, Chapter 24, of the Consolidated Laws, Article 12-B, Sections 239-1 and m, theB()ar~l)fAppeals. .....-of the town of Southold, N. Y. hereby refers the following [agency involved} proposed ronin,g action to the Suffolk County Planning Commission: (check one) New and recodified zoning ordinance Helmut Hass Middle Road Peconic, NY 11958 Amendment to the zoning ordinance Zoning changes Special permits ......x.. Variances Location of affected land:.~/~..~ev.e;J;:lY...~~4..(?:vtL~q.L.~outhold,...N..Y............... within 500 feet of: (check one or more) Town or village boundary line ............ State or county road, parkway or expressway State or county park 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 X Shoreline Comments: The hearing was recessed at the request of Mr. Hass' attorney. The Board recommen.ed that the kitchen unit in the garage be removed and that the breezeway connecting the house and the garage be removed. It is also reported that the upper portion of the house is being used for sleeping quarters which is a violation of the Zoning Ordinance. Date: July 15, 1977 (signed) Robert W. Gillispie, Jr.. Chairman Title Date received by Suffolk County Planning Commission File No. -- ........ August 27, 1959 September 3, 1959 September 17, 1959 October 15, 1959 August 25, 1960 April 6, 1961 May 18, 1961 January 13, 1966 June 15, 1972 December 5, 1972 January 27, 1977 -. - HELMUT HASS Recessed to September 3, 1959 Granted permission for directional signs to motel on property of Schiefer, Pylko. Denied permission for signs at Shell Service Station, Mattituck, and on the property of Joseph Sawicki. Denied permission to reduce front yard setback 10' at motel, S/S North Road, Southold. Asked that front yard setback at motel be reduced 5' or 6'. He was told by the Board that he could have a bay window with insufficient setback but he could not extend the building itself past the existing setback line. " Granted permission to replace sign on property of Schiefer, Bowery Lane and North Road, Southold, with a square sign 3' by 4'. Granted permission for directional signs on property of Alfred Teves, North Road, Arshamomaque, and J. Wickham Est., Main Road, Arshamomaque. Denied permission to erect wall sign on west wall of Town Beach Motel. Granted permission to divide lots with insufficient width and area, S/S Old Cove Boulevard, Southold. Denied permission to divide property with insufficien width and area, S/S CR27, Peconic. Denied permission to use existing house as two- family dwelling, S/S North Road, Peconic. Granted permission to set off lot with insufficient area, S/S CR27, Peconic. o o K ( JUDITH T. TERRY T OWN CLERK REGISTRAR OF VITAL STATISTICS TELEPHONE (516) 765-1801 Southold, L. I., N. Y. 11971 June 29, 1977 To: Southo1d Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Appeal No. 2308, application of Helmut Hass for a variance. Also included is notice to the following adjoining property owners: Estate of Valentine Ruch, Irene Meissnest, Mr. & Mrs. George Santis. ../' ~~ A L~/"-./. -/J2~ - - -. """" SUPPLEMENTARY STATEMENT Appeal of Helmut Hass Reference is made to:lfl on the printed form. The applicant recognizes that the fact there is an existing building as to which a number of violations exist may be classified as a self-imposed hardship. In some measure that is correct. However, an examination of the original records in the office of the building inspector will show that the application for the dwelling was made by Fred Jacobs, appellant's son-in-law. Regrettably there were no elevations and (evidently as far as the records in the building inspector's office are concerned) no floor plan or plot plan showing the applicant's intent to construct a breezeway. Had the garage been inspected on completion it would have been seen that all of the utilities come into that structure. The dwelling is heated with electricity and rather than trench and bury appellant decided to construct a roofed breezeway to carry and protect the connection. Appellant is an old-school carpenter doing his own work and inclined to improvise as he goes along. It was in that process that he enclosed the breezeway. He was not working from any filed or on-hand design, other than the basic floor plan/sketch. The garage is also a workshop and so fitted out. It was for that reason appellant built in a small combination kitchen unit. It is certainly not intended in any sense to be a living quarter; it is simply an added convenience. Appellant realizes the connecting enclosure makes the side yard as to the garage a violation. As to that aspect of the appeal the board ia asked to regard it as though the application had been made initially for that variance as though the build- ing inspector had refused to approve a plot plan. It is submitted if there is no objection on the part of adjacent property owners, the appeal should be granted as to that, since there is really no safety factor involved. Over the years of his residence in this community the appellant,has done much to add to the assessed valuation. His work is sound. He has complied with health regulations, often at rather considerable expense. He is willing to accept some reasonable conditions for the granting of this application from a denial by the building inspector of his request for a certificate of occupancy, but submits there are no inherent violations related directly to the health, safety and welfare of the town, which is, of course, the concern of any exercise of the police power of government, such as zoning and building laws. o 1'0_ NO. 3 o TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No. ................................................................ .Dote ...........................~~.....~.............., 19...?? Helmut Bass To .......................................................................... Middle Bead, C.R.2? Peconic .......................................u......................................... ................................................................................ PLEASE TAKE NOTICE that your application doted ................~~.....?....................." 19.7.7.. for 1l.m1l. fa "'.........0: ~.~~!:f.~!?!~.~..~~...~~;~~~~;mises located at ..~L~...!';r.;y.~t'-..~ad <~:!~:':.:!:y....~!?~?..~..~H~..~~~.!~...... Street Southold, N.Y. Map .;.......~...................... Block .......~................................ Lot .~....................................... is ' " "I..~__..I__'i1._ _._L disapproved an the following grounds ..~~.~~~~~..!'i~~~:::..??~.~~..... has kitchen unit & attached to main house without approval. Main House ............................ ..... n. ... ......... ........ ..~. .... ... .......... ... ....................................... ............................ ............. 7881Z attached to gecrage without approval, second floor added without ........................... ................. .................... .... ........~... ............................................ ........ ..........."..... ..:......... app,roval doesnot meet housing Code or Building Code requirements . ..............1............................................................ ................................................................................ Violation of Zoning Ordinance, Chap 1QO-30 & Bulk schedule, Violation of Bew York State building Code Violation or Bonthold '0,," Ilnnaing cO.d:;;:..~;.;.i:.."1"47~: or Ilnnth Building Inspector o o BOARD OF APPEALS. TOWN OF SOUTHOLD In the Matter of the Petition of HELMUT HASS to the Board of Appeals of the Town of Southold NOTICE TO: (Estate of) Valentine Ruch 54300 North Road Southold, NY 11971 Irene Meissnest 38-09 211th Street Bays ide, NY 11361 Mr. & Mrs. George Santis 73-14 21st Street . Jackson Heights, NY 11370 , ~ 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)J(~-~~-vt~T~YlOIW: l. 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: at Arshamomaque. off right-of-way east side of Beverlv Road: north x Santis; east x Ruch; south x Arshamomaque Pond and west x Miller 3. That the property which is the subject of such Petition is located in the following zoning district: A Residential 4. That by such Petition, the undersigned will request the following relief: Certificate of Occutlancy for Existing Building as is 5. That the provisions of the South old Town Zoning Code applicable to the relief sought by the under- signed are: Ch. 100-30 and Hulk ~khpdul.. 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. 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: June 27. 1977 /~li ~ Petitioner Post Office Address Middle Road Peconic. NY 11958 ~ (> o PROOF OF MAILING OF NOTICE NAME (Estate of) Valentine Ruch ADDRESS 54300 North Road, South old, NY . 11971 Mr. and Mrs. George Santis 73-14 21st Street, Jackson Heights, NY 11370 Irene Meissnest 38-09 211th Street, Bayside, NY 11361 , , . '. . STATE OF NEW YORK) COUNTY OF SUFFOLK) ss.: Joan L. Dinizio . residing at 103 Sterling Street. Greenoort. NY . being duly sworn, deposes and says that on the 29th day of June ,19 77 , 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 opposi~e their r~pective 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 South old ; that said Notices were mailed at the United States Post Of- fice at Greenport, New York ; that said Notices were mailed to each of said persons by (certified) ~mail, return receipt requested. Sworn to before me this day Jure ~.~'n Joan L3inizio CORNEI:TI! 0. Kml.lFf "",-' . INOTARY PUBLIC, Stat. of N..... . No. 52-2093890 'Qualified in Suffolk Count]/ [[em: €xl.llres March.~ .~f I ; en (V) '>::t to o ~".") Q Z ri "<:t <::r ""I ""-^ o r'/~J Q Z c oq- ..q <.0 o (V) Q Z RECEIPT FOR CERTIFIED MAIL c) SENT TO Estate of Valentine Ruch STREET AND NO. 54300 North Road P.O., STATE AND liP CODE Southold, NY 11971 OPTIONAL SERVICES FOR ADDITIONAL FEES 1 Shows to whom and date deliver. " . . RETURN ~. With restricted detivelY n-. ____ RECEIPT 2. Shows to whO~, date .~d where delivered SERVICES With restricted delivery ,_...._. RESTRICTED DElIVERY SPECIAL DELIVERY (extra f.. r. 1rH).. PS Form 3800 NO IIISUIAIlCE COVERAGE PROVIDED- Jan. 1878 NOT fill INTERNATIONAL MAIL POSTMARK OR DATE (5.. other side) *GPO:1975~O-591-452 RECEIPT FOR CERTIFIED MAIL SENT TO Irene Meissnest STREET AND NO. 38 -09 211 th Street P.O., STATE AND liP CODE Ba side, NY 11361: OPTIONAL SERVICES FOR ADDITIONAL FEE RETURN ~ 1. Shows ,to whom and date deliver RECEIPT With restricted delivery _ SERVICES 2. Shows .to who~1 date a.nd where W,th restricted delivery RESTRICTED DELIVERY SPECIAL DEliVERY (extra f.. r. ir.d).. PS Form NO NSU J.n.19783800 I RAIICE COVERAGE PROVIDED_ NOr fOR INTERNATIONAL MAIL I GO POSTMARK OR DATE (5u other side) 1:< Gpo, 1975-0-591_452 RECEIPT FOR CERTIFIED MAIL {;,u POSTMARK OR DATE (See other side; 'kGPQ: 1975-0-591-452 <us~;.",,/: 0 o -l r-*t1J. ..,. ()~. I;~ ".,;:',? '1,,"1 ~ ""...... ." <,1,:) ~ .~~__ ':" ~. . ~ ",,'-- .(\ , ; f' ~. \\ ',l " ..:. It i:- 'l f-t \, \4 ,,'~,-, I I .f I, .I. \::~t~ It,;. - ~"1' . W.-,l! .r Jill "... \ ,. l'O"f'" ',\ .. . "I1GI. \ t::.:~' I ;;:ttrl.;.... -W~/~\ ., .. ""'.....- ---.1.--....-. ___J ....A_ /f: -- -It: . _'i~f'IS "1 1 .. --"-'7,-,,-- " . '0 'll'fM .1 WI' ' ~ ~ J~ \. (" .... C) r ". - -- ~ " t' c.. ~ t ~ 'If_ , .... Jr ,. ~~~ .. ..- Aor ~,_" ;.f:A~.:5H"'(t')aMA4Q()E . I .. - t' . '. , ,j "n>>tHN DII $ourHOI.D, N, Yo s..t.: 4()'flJ" ~ ~ 3 ~.11. ~ ~ \ \ \ ~:t ~ " \, ~' \.to I ~ ... .- . ... ... ~ ~ '" (} o.~ () :t- . '" ... ~ \f3 ",,' " ' .:~~~ . ~ , 41.'6 .- ",.,. -..I ,... pliilU;~":;' ~ '~;~: ~ -' -.J ;,' ;J:a~f4: 1t.1A ...' T--....-'~I{ ."~.;~:1~" _ t . 4 , . I I " "t ~'\. , I i 4., 1 ~ I h,'" : ~ ! !'.H/ 1'1 i 1 : I L L_ MJIt"... IKtI4~J ..,. "',,1'" (l.J.~, *"'{*!1. Ite. /2.. V~-"" ~ I. /.,.. ~'.J i,..,,, """""'P".1 '~I'-"'" ItI.-t. .;...; 1 , . ~. Y 11: .,',,~~' , ;~~.,... . ,,!'" ..,;" , , ..'-, o c' :( , ~" v ~<- <-' 0, y.\) a\; ':J ~o <;)" v t\.y. ,,,,/ r~:> Q s" ~ ' \ .' .' ~____~HOR~~ ,,,,. ~ "&:- \, .'- ~" (, '" , , '& &' (>-$- (>-$-":' () '0''' /. . ~o oS, . '-<() < ". '<I "9 ~ ,<Y '.j '- " .<>:--- () :--- / >0" I ,,' 'Z. ~ (UNDERwATER LAND) "'- TOWN OF SOUTHOlD "" I '-.~670 A(c) ',,- '-. " @ "-'-.":"~~,, "'-..... o~c '---~ "'>opGoo, , . '--. '--. 1>0 , / / / 10/ 'Ii',,- ~/") <<.- ~' i <",. ,I r '\." '\- . w z -' "' V ~ 0 0 I\J z " w ~ w W I '0 " 0- '" " I .;f I I V" ':\ ..J .~ .. ft~ -;d/~05~ (j) I 19.IA(c)