HomeMy WebLinkAbout#7971-Nerreau 6.3.26 submission HEARING#7971—BRIAN and SHARI NERREAU
To Zoning Board of Appeals
From Patricia C.Moore,Esq.
Re:Brian and Shari Nerreau#7971.
1 represent Brian and Shari Nerreau,with the assistance of Joan Chambers.We wish to
continue the hearing according to the Notice of Disapproval dated August 7,2024:This is a
request for the following relief:
• A variance with respect to Article III Section 280-13A(1),
• A variance with respect to Article XXIII Section 280-124
• Building Inspector's Notice of Disapproval addressing application to:
(1) Legalize"as built"additions and alterations to existing single-family dwelling
(2) Legalize"as built—conversion"of a pre-existing seasonal cottage to year-round
dweltingwhere:
a. Altered cottage constitutes a non-permitted second dwelling on a lot
b. Cottage at less than 15'from side yard
Addressing the two dwellings in turn,herein described as the single-family dwelling
and the cottage,respectively:
Single Family Dwelling
Alterations to a pre-existing"waterfront"dweUingwere done in 1967,GO issued
1968:see BP#3694 CO#3032:The original house dimensions are described on the
building permit as 32'x 32'x 32';after alterations and additions,the waterfront house size
was 40'x 40'x 40'.The setbacks were established in 1967 and remain.These dimensions
on the building permit application match the survey of the existing house. (See Exhibit A).
The Assessor's records also include a photograph of the house with a notation"by
water"in 1962,the assessor's photograph of the red house with white trim is identical to
the house in 2025 photograph(painted a lighter color). (See Exhibit B).
The building department is mistaken,claimingthat the house needs a variance for
the 12.4'setback. The 1967 building permit and CO established the setbacks of the
1
Hearing#7971 Brian and Shari Nerreau
Patricia C.Moore,Esq.
existing single-family structure.No variance was required for the waterfront house. In
1967,the building department did not require construction drawings,but the 1967
construction matches the existing conditions and the dimensions of the house on the
current survey. The only document required for the waterfront house is a"pre-CO". An
application for a pre-CO was filed and resulted in this application.
Cottage
The cottage is a preexisting structure.The Assessor's photograph in 1962 was taken
post alterations made in 1960,pursuant to building permit#611(CO#756 issued July 21,
1960). (See Exhibit C).The photograph on the Assessor's card and drawing on the building
permit show the original addition(proposed enclosure)with a flat roof and entrance
screened porch which is now part of the dwelling.The dimensions of the structure
remained the same.The dimensions of the original structure were 20'x20'x20', The
drawing shows that the original structure was double the size.The porch from 1960 was
later converted to living space.The pictures on the Assessor's card show the before(1963)
and after(2025).The drawing on the 1960 building permit was not to scale.The original
porch,as seen in the photograph,ran along the entire Length of the house(20').The depth
7'was documented on the Assessor's card.The structure was existing;the 20'x7'
structure was incorporated into the house and converted to Living space.The windows
appear in the same places from 1960 to 2025 in the remaining living area of the house.The
pre-existing second dwelling in 1960 was described as a'private one family summer
dwelling". Between 1960 and 2021,the dwelling was updated with anew root and siding.
The original footprint from 1960 was not changed.
Timetine of Town's Assessment records:
These records show that the two dwellings pre-date zoning and received permits for
the additions which match the dimensions of the existing houses(as shown on the survey).
The Assessors have been taxing the property as two-family(i.e.two dwellings)and the
records match the existing conditions of the property.(See Assessor's Card-Exhibit B)
Note(highlighted yellow on card):
• The Assessor's card is marked as"220"-two-family dwelling.
• Prior to zoning:there are two preexisting houses on the parcel,
• In 1960,the landward dwelling was expanded,doubted in size(two
bedrooms&one bath). "Private one family summer dwelling".The
assessment increased accordingly. Bultding Permit#611 CO#756,
Hearing#7971 Brian and Shari Nerreau
Patricia C.Moore,Esq.
dated July 21,1960,is not listed on the property card because the
permit predates the property card records. However,the property is
assessed with improvements in 1962.(See Exhibit C),
• Both dwellings are noted on the property card as improved with he-at
and Central Air Conditioning.Burt's Reliable provided a letter
confirming that their company has serviced the property since 1990.
(See Exhibit D).
• In 1968,the waterfront house(two bedrooms&two baths)described
as"Main Dwelling was reassessed.The building department BID
#3694 states the original dimensions of the pre-existing house went
from 32x32x32to40x4Ox40. The house is described as red house
with white trim.
• The Assessor's picture from 1962 shows the original red house with
white trim.The 2025 picture shows the same house(re-painted).
• In 1965,a variance(#789)was granted to build a garage in the front
yard.The drawings describe the landward house as"the sleeping
house".There is no discussion in the ZBA file about the two dwellings
on the parcel.The garage was constructed after the variance was
granted.The assessment was increased and noted accordingly"new
garage constructed 1-26-1966".
• The garage was constructed with no record of a building permit and
CO.The records at the building department from 1966 are not reliably
accurate.The current owner,Nerreau,obtained a permit for the
garage.The CO is pending.
• In 1972,Lowther purchased the property;then in 1990 Lawther
transferred the property within the family,and in 2019 Lawther
transferred the property into their Trust.Therefore,the Lawther family
owned the property from 1972 to 2019.
• The second dwelling was rented,and the Board can see that the
space is a comfortable,clean rental space.
• The second dwelling was updated between 1960 and 2021.The
dimensions of the structure never changed. Suffolk County Aerials
are available.The earliest in 1962 show two houses and no garage.
The next available aerial is 1978 showing two houses and a garage.
Thereafter,all the aerials are the same(two houses and a garage)
without any change to the dimensions of the structures,
• In 2019,Lawther sold to 705 Wood Lane LLC.
Hearing#7971 Brian and Shari Nerreau
Patricia C.Moore,Esq.
In 2021,Nerreau purchased the propertywith the existing conditions
outlined above.They have been trying to"clean up"the
documentation of the existing structures with pre-Co's and'as built"
permits.
Area Variances
The two dwellings are preexisting nonconforming residential structures.The uses of
both dwellings for residential purposes are legal conforming uses. The Notice of
Disapproval characterization of the cottage as a non-permitted second dwelling is
Incorrect,as is the Board's characterization of the second dwelling as being"non-
permitted."'
The"Main House"only requires a variance for proposed alterations,not for the existing
conditions(existing setbacks 12W)which were constructed in 1967,The existing
conditions match the CO from 1967.
The"Cottage"is a nonconforming structure with a conforming"residential use".The
second residence is pre-existing and the existing conditions(two bedrooms and one bath)
are a legal use in a pre-existing structure.2
The two houses were occupied year-round;Mrs.Lawler lived in the main house and she
rented the cottage.An affidavit from Jack Gismondi,a neighbor,confirms the use of the
cottage.(See Exhibit E).He has lived in his home since 1990,and he personally knows that
the second dwelling was rented to year-round occupants.The year-round occupancy is
consistent with documented proof in the assessor's records of heat and air conditioning.
If a variance is required for the improvements to the pre-existing landward house
(second dwelling)made prior to the applicant's purchase,then"area"variance standards
apply. First,the character of the neighborhood is residential;many of the homes on the
waterfront lots on Wood Lane are preexisting.An affidavit from Anita Knowlton describes
'Transcript of ZBA hearing Jan.9.2025,pg.20
,The Town Building Department and this Board mischarecterize the cottage as a"non-permitted use"and
maintain that a use variance is necessary. This is incorrect as a matter of law.It is the structure,not the
use to which it is put,that is non-conforming.The Supreme Court Appellate Division,Second Department
ruled in Dawson v.Zoning Board ofAppeals of Town ofSouthold,12 A.D3d 444 785 N.YS.2d 84(211 Dept.
2004)that"[t]he cottage.a residential dwelling situated on the same lot as a primary residential dwelling,
constituted a nonconforming building rather than a nonconforming use(see Arn.zalak v,Incorporated Vil,of
ValteyStreann,220 N.Y.S.2d 113."
Hearing#7971 Brian and Shari Nerreau
Patricia C.Moore,Esq.
how she spent her entire life in her home at 505Wood Lane and remembers two homes on
the property.(See Exhibit F). She is also famiLiarwith the standards of variance because
she was the chair of the Zoning Board of Appeals in a town in Maine.The area variance
standards in Maine and New York are comparable.
The documentary record shows that the two dwellings on this property were built prior
to zoning. Aerials illustrate the pattern of development in the area;the two existing homes
are harmonious with the identified residential pattern of development on Wood Lane.
Most recently,the adjacent parcel to the west,625 Wood Lane,Peconic(86-6-7)
obtained a special exception in 2023(SE#7792)for an accessory apartment in the
accessory garage.The neighbor's accessory apartment,and the subject preexisting
second dwelling,are similar uses.The preexisting dwelling and the accessory apartment
are both residential uses,and both can be used by the family or independently rented.The
accessory apartment,because it was not a preexisting dwelling,has additional conditions
of use not applicable to the Nerreau dwelling.
The property shares simRar characteristics of other properties/uses in the
neighborhood: a.there is no impact on traffic,parking or safety concerns. b.The
neighborhood remains residential in all respects, c.The building permit applications
triggered updating the sanitary system. The two dwellings are small and at present,there
are only four bedrooms in total.The Health Department has been pending receipt of the
variance and Trustees approval or letter of no jurisdiction.
Conclusion:We ask you to find that based on the Southold Town records,documentary
evidence submitted,and your own observations:
A. The building inspector issues a permit to legalize"as built"additions and alterations
to an existing preexisting single-family dwelling(Main Dwelling)at 12.4'from the
property line be granted,if a variance is required.The setback was approved by the
building department in 1968(BP#3694),
B. Authorize"as built"improvements to the preexisting cottage(landward dwelling)
Located less than the code-required minimum side yard setback of 15'.
Poem No,
TOWN OF SOUTHOLD
DEPARTMENT
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BURTOS
HEATING-PLUMBING-AIR CONDITIONING
RELIABLE %me He.'M9 OU a.d Biofuels
Vol.' Take Calle of ill.
3/5/2024
Ms.Shari Nerreau
Re:705 Wood Lane
Peconic,NY 11958
This letter regards the cottage on the property of 705 Wood Lane,Peconic.We did service this account
as far back as 1990 thru at least two owners as far as I can ascertain.There is history for both the main
house and the cottage which would indicate that both were occupied at some time.
Regards,
Tom Hewitt,GM
Burt's Reliable,Inc.
AFFIDAVIT OF JACK GISMONDI
STATE OF NEW YORK
COUNTY OF SUFFOLK
1,Jack Gismondi,being duly sworn,depose and state as follows:
1. I am the owner of the property located at 5655 Indian Neck Road,Peconic.
2, 1 walk re-
gularly the Nerreau driveway from Indian Neck Lane to Wood Lane,and I can
see clearly into the Nerreau property at 705 Wood Lane,Peconic.The front yard of-705
Wood Lane and my back yard are directly across from one another on Wood Lane,
J. 1 purchased my house in 1990 and got to know the prior owner of 705 Wood Lane.
Patricia C.Lawther.
4. Mrs.Lawther lived in the house year-round and rented the cottage to the Hudson Family.
5, When Mrs,Lawther moved out of her home,she rented the house and continued to rent
the cottage to the Hudson's.When the Hudson's moved out of the cottage,the cottage
was then rented to a woman named Celia up until about 10 years ago.
& When she died,her son inherited the house,and he rented the house for several years
before he sold it to 705 Wood Lane LLC,Timothy Burke Managing Member in 2019,Mr.
Burke then sold the home to Brian and Shari Nerreau in 2021.
I am a plumber and owner of Cutchogue Plumbing and Mrs.Lawler's tenants would call
me on occasion to help her with plumbing issues.
R. 1 was in both homes to make repairs,as needed,
9. The two houses have heat and were occupied as independent homes.
10.1 make this affidavit knowing that the current owners have an application filed with the
Zoning Board of Appeals,they have asked the Zoning Board to recognize both homes as
preexisting dwellings,
I declare under penalty of perjuryunder the laws of the State of New York that the foregoing is
true and correct.
Executed on this day of AAVILU 2026.
Signature:
ck ndi
Sworn to before me this 19
Day of 2026 FsiADIS N MaSSINA
NOTARY PUBLIC,STATE OF NEV YORK
Ndtar�Public
AFFIDAIVIT OF ANITA KNOWLTON
STATE OF NEW YORK
COUNTY OF SUFFOLK
f6fllows:
I.I am the owner of the property located at 505 Food Lane,
Pee
N A 17" _kF I
3,1 spent my entire life visiting our family home in Peconic
and for as long as I can remember there have been two
homes or,the property at 7 05-7-0 A T ane,n---I—
VVV U ut�;LUIM-1
a a-1 Ve ei-h7hY1011 aL(I
Neck Lane and NVood Lane.
5.Wood Lane is a small enclave of preexisting homes,built
prior to zoning laws,and Where the owners have owned
h '
MT
e
am familiar with the law of preexisting uses. Preexisting
uses are similarly treated in Maine as they are in New
York,
TI-C tw.-I
neighborhood.
I declare under penalty of perjury,under the laws of the State of
New York that the foregoiru-,is true and correct,
'ru Vu M-3
Anita Knowlton
S AT L 0 F—vEAV
JUNY
Subscribed and sworn to before me on this_I'-Jxy of
2026.,by Anita Knowlton,-who proved tome on the
basis of satisfactory evidence to be the person Whose name is
� wam�+gin instrument.
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