HomeMy WebLinkAbout3760 CJ Q �
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Town B and f
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Southold0 oAppeals
MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
JOSEPH H. SAWICKI
JAMES DINIZIO, JR. ACTION OF THE BOARD OF APPEALS
Application of ELSIE D. YOUNG for a Special Exception to
the Zoning Ordinance for permission to establish Accessory
Apartment in an existing dwelling structure in accordance with
the requirements of Article III, Section 100-30B, subsection
15. Location of Property: 480 Grissom Lane, Southold, NY;
County Tax Map Parcel No. 1000-78-1-10.3 .
WHEREAS, a public hearing was held and concluded on Octo-
ber 6, 1988 in the Matter of the Application of ELSIE D. YOUNG
under Application No. 3760; and
WHEREAS, at said hearing all those who desired to be heard
were heard and their testimony recorded; and
WHEREAS, the Board has carefully considered all testimony
and documentation submitted concerning this application; and
WHEREAS, .the Board made the following findings of fact:
1. By this application, appellant requests a Special
Exception to the Zoning Ordinance, Article III, Section 100-30,
Subsection B{15) for permission to establish a new "Accessory
Apartment" within the existing principal (dwelling with garage)
structure, as more particularly shown on the sketched plans
submitted with the application prepared by William Young.
2. The premises in question is located in the "A-40"
Residential and Agricultural Zoning District, containing a total
area of approximately 40,000 sq. ft. and road frontage of 135+-
feet along Grissom Lane.
3 . The subject premises is improved with a single-family
dwelling structure with attached garage as more particularly
shown on the survey prepared by Roderick VanTuyl, P.C. revised
April 8, 1985.
Page 2 - Appl. No. 0
Matter of ELSIE D. '___NG
All."Decision Rendered November 16, 1988
4. The area to be occupied as an "Accessory Apartment" is
at the northerly end of the existing structure and will contain
a living area of approximately 528 square feet (within an area
2416". x 221 ) as shown on the sketch floor plan submitted with
this application. The remaining floor area will continue to be
used as the principal single-family residence of the owner.
5. Article III, Section 100-30(B) permits the
establishment of such use, subject to conditions (a) through (p)
thereof.
6. Subsection I'm" thereof provides that " : . .the building
which is converted to permit an accessory apartment shall be in
existence and have a valid Certificate of Occupancy issued prior
to January 1, 1984." Although a Certificate of Occupancy was
not validated until after January 1, 1984, it is hereby
determined that the documentation submitted is sufficient and
the applicant has complied with this specific requirement,
entitling her to same.
7. It is noted for the record that under Appeal No. 3761,
a Variance has also been filed and processed simultaneously
herewith requesting relief from Condition "m" under Article III,
Section 100-3) (B) {151 . (The subject variance was dismissed
since the Board is without jurisdiction to vary the conditions
of a Special Exception--see paragraph #6, supra, alternatively;
Knadle v. ZBA of Huntington, 121 A.D. 2d 447 ( 1986) ; Roginski v.
Rose, et al. , 63 N.Y. 2d 735 (1984) .
8. A parking plan has been submitted in behalf of the
applicant depicting the area immediately east along the front
section of the dwelling. The Bulk and Parking Schedule of the
Code requires two spaces for the one-family principal use, and
the Accessory Apartment will be required to have two parking
spaces, for a total of four. (Each available garage space would
be permitted as one parking space, when appropriate. )
In considering this application, the Board finds and
determines that: . (a) the. use requested will not prevent the
orderly and reasonable use of adjacent properties or of
properties in adjacent use districts; (b) the use will not
adversely affect the safety, welfare, comfort, convenience or
order of the town; (c) the use is in harmony with and will
promote the general purposes and intent of zoning. The Board
has also considered subsections {a} through {1} of Article XII,
Section 100-121(C) {2} of the Zoning Code.
Appl. No. 0
cer of ELSIE D. 'L.-,JNG
wcision Rendered November 16, 1988
Accordingly, on motion by Mr. Sawicki, seconded by
Mr. Goehringer, it was
RESOLVED, that a Special Exception for an "Accessory
Apartment" as provided in Article III, Section 100-30(B) {15} of
the Zoning Code, in the Matter of ELSIE D. YOUNG under Appl. No.
3760, BE AND HEREBY IS APPROVED SUBJECT TO COMPLIANCE WITH
SUBSECTIONS (a) through (p) of the Zoning Code, as applied.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen,
Sawicki .and Dinizio. . (Absent was: Member Grigonis (out of
state) . This resolution was duly adopted.
lk
'"'" GERARD P. GOEHRINGER, CHAIRMAN
IN'L"EIVED
AND
y BY
DINE
Town C;1_a?r, TG i^?n of Southold
Southold Town Board of Appeals
MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
-APPEALS BOARD
MEMBERS .
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS,JR:
SERGE DOYEN, GL
Ano roT ni�niASS NOTICE OF HEARINGS
JOSEPH H.SAWICKI
NOTICE IS HEREBY GIVEN, . pursuant to Section 267 of .the Town
Law and the Code of. the Town of Southold, the following hearings
will be held by. the SOUTHOLD TOWN BOARD OF APPEALS at a Regular .
Meeting, at the Southold Town Hall, Main Road, Southold, NY 11971,
on THURSDAY, OCTOBER 6 , 1988 at the following times:
7:35 p.m. Appl. No. 3765 - JOSEPH SPITALIERE for a
Variance to the Zoning Ordinance, Article III, Section 100-31
for the placement of a new dwelling structure with a reduced
setback from the front property line. Location of Property:
Right-of-way located .along the east side of Cedar Beach Drive,
Southold, (just south of General Wayne Inn)' and extending in an,
easterly and thence southerly direction to this parcel identified
on the Suffolk County Tax Maps as 1000-90-4-14.
7: 40 p.m. Appl. No. 3768 - FRANK AND SANDRA CURRAN for a
Variance to the Zoning Ordinance, Article III, Section 100-31 for
construction of a pool with deck and fence enclosure with an
insufficient frontyard setback and excessive lot coverage (over
Page 2 - Notice of Hearings
Regular Meeting. of October 6, 1988
Southold Town Board. of Appeals
20 percent) , at premises known as 780 Haywaters Road, Cutchogue,
NY; County Tax Map Parcel No. 1000-111-01-016.
7:45 p.m. Appl. No. 3763 - JOHN J. JESSUP for a Variance
to the Zoning Ordinance, Article III, Section 100-31 for .
construction of an addition at the westerly side of' the ekisting
dwelling with a reduction in the total sideyards, at premises
known as 90 East Road, Cutchogue, NY; County Tax Map Parcel No.
1000-110-7-15.
=7:50 p-.m. Appl. No. 3759 - TONY SCARMATO, INC. for a
Variance to the Zoning Ordinance, Article XI, Section 100-119. 2
for approval of gazebo structure with an insufficient setback
from an existing bulkhead along Peconic Bay, at premises known as
235 Huckelberry Mill Road, East Marion, NY; County .Tax Map
Parcel No. 1000-31-16-9.
7:55 p.m. Appl. No. 37555E - TIMOTHY COFFEY AND THE COVE
AT SOUTHOLD, INC. Special Exception to the Zoning Ordinance,
Article III, Section 100-30C, for permission to erect
Page 3 - Notice of Hearings
Regular Meeting .of October 6, 1988
Southold Town Board of Appeals
off-premises sign. Location of Property: South Side of Main
Road, Southold, NY; County Tax Map Parcel No. 1000-75-06-7.3 .
(Recessed from Prior Meeting) .
8:00 p.m. Appl. No. 3758 - THEODORE KUDLINSKI , JR.
Variance to. the Zoning Ordinance, Article III, Section 100-.31 for
R
permission to construct open deck addition with an insufficient
rearyard setback from existing dwelling, at premises known as 605
Highwood Road, "Highwood at Bayview" Subdivision Lot No. :8,
Southold, NY; County Tax Map Parcel No. 1000-78-9-50.
8:05 p.m. ELSIE D. YOUNG.
Appl. No. 3760SE - Special Exception to the
[Tax
ning Ordinance for permission to establish Accessory Apartment
an existing dwelling structure in accordance with the ,
quirements of Article III, Section 100-30B, subsection 15.
cation of Property: 480 Grissom Lane, Southold, NY; County
Map Parcel No. 1000-78-1-10. 3 .
Appl. No. 3761-V - Variance to the Zoning
Page 4 - Notice of Hearings
Regular Meeting of October 6, 1988
Southold Town Board of Appeals
Ordinance, Article III, Section 100-30B( 15) {M} to allow
conversion of dwelling for Accessory Apartment with Certificate
i
of Occupancy dated after January 1, 1984, although Affidavit of
Building Inspector indicates dwelling met the requirements for a
Certificate of Occupancy had application been made in a timely
fashion. Location of Property: 480 Grissom Lane, Southold,
NY; County Tax Map Parcel No. 1000-78-01-10.3. '=..
8:15 p.m. JOHN T. BEEBE - Variances to the Zoning
Ordinance, Article III, Section' 100-31 for approval of
insufficient area and width of two proposed parcels in this
proposed set-off division of land, located along Beebe Drive,
Cutchogue, NY; County Tax Map Parcel No. 1000-103-3-part of
Lot 5.
8: 20 p.m. ROBERT AND DIANNA BAKER. Special Exception to
the Zoning Ordinance, Article III, Section 100-30B(16). for
permission to establish Bed and Breakfast establishment in an
existing dwelling, at premises known as 2900 Boisseau Avenue,
Southold, NY; County Tax Map Parcel No. 1000-55-6-9.
Page 5 ': Notice of Hearings
Regular Meeting of October 6, ' 19.88.
Southold Town Board. of Appeals
'8:30 p.m. Appl. No. 3779 PETER AND DESPINA MARKOPOULOS
for a Variance to the .Zoning Ordinance, Article III, Section
100-31 and prior Appeal No. 3623 rendered May 11, 1987 for
approval of structure(s) with reduced sideyards, at premises
known as Lot #16, Captain Kidd Estates, along the south side of
Sound Beach Drive, Mattituck, NY; County Tax Map Parcel No.
1000-99-1-24.
4t
a
8:40 p.m. Appl. No. 3769SE - CUTCHOGUE FARMS LTD. (a/k/a
GRISTINA VINEYARDS) . Special Exception to the Zoning Ordinance,
Article III, Section 100-30B for permission to establish Winery,
at premises located along the north side of the Main Road,
Cutchogue, NY; County Tax Map Parcel No. 1000-109-01-13.
8:50 p.m. Appl. No. 3764 - DENIS O'BRIEN for Variances to
the Zoning Ordinance, Article III, Section 100-31 and Article XI,
Section 100-119.1 for permission to erect tennis court with
10-ft. high fencing and gazebo structure in an area other than
the required rearyard, at premises identified on the Suffolk
County Tax Maps .as District 1000, Section 3, Block 3, Lot 3.51
along Private Road, Fishers Island, NY.
Page 6 - Notice of Hearings
Regular Meeting of October 6, 1988
Southold Town Board of Appeals .
8:55 p.m. Appl. No. 3778 - BRETT AND JANET KEHL- Variance
to the Zoning Ordinance, Article III, Section 100-32 and removal
of Conditions rendered under Appeal No. 3641 on June 18, 1987 in
order to allow conversion of the subject building as livable area
in proposed reconstruction- plan of dwelling, at premises known as
5500 Main Bayview Road, Southold, NY; County Tax Map Parcel ID
No. 1000-78-4-32.
s
9:05 p.m. Appl. No. 3774SE - H & S ASSOCIATES Special
Exception to the Zoning Code, Article VII, Section 100-70B for
permission to construct addition to existing building,
(maintaining the westerly yard setback),for use partly for sales
of auto parts, added storage, and engine-rebuilding shop, at
premises located along the north side of the Main Road,
Cutchogue, NY; County Tax Map Parcel No. 1000-102-2-24.
9:15 p.m. Appl. No. 3776 - HOWARD AND MARGARET BRODIS.
Special Exception to the Zoning Ordinance, Article III , Section
100-30B(15) for permission to establish Accessory Apartment in a
proposed addition to existing dwelling, at premises known as 435
Eastward Ct. , Mattituck, NY; County Tax Map Parcel No.
1000-115-7-9. 4
Page 7 - Notice of -Hearings
Regular Meeting of October 6, . 1988
Southold Town Board of Appeals -
The Board of Appeals will at said time and place hear any
and all persons or representatives desiring to be heard in each
of the above matters. - Written comments may also be submitted
prior to the conclusion of .the subject hearing. Each hearing
will not start before the time allotted. For more information,
please call 765-1809.
Dated: September 16, 1988. BY ORDER OF THE SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P. GOEHRINGER, CHAIRMAN
By Linda Kowalski
-----------------------------------------------------------------x
Notice to Newspapers:
Please publish the above Legal Notice once, to wit, Thursday,
- September 29, 1988 and forward 11 Affidavits of Publication to:
Board of Appeals, Main Road, Southold, NY 11971.
-----------------------------------------.------------------------x
FORM NO.a
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N.Y. '
NOTICE OF DISAPPROVAL
Pile No. . . . . . . . . . . . . . . . Date . . . . �^A. . . 5.0. . . . . . . .
To . .f�. -. >�. .�� -•J•��. . . . . . . . . . . . . .
. .4 80 . Ca�..c,a.�.,a�., oI!�- . .. . . . . . . .
I'LEASE TAKE NOTICE that your application dated - ! : . . .-5'0. . . . . . . .,
I'or l)cmiit to construct . . 4v1 . .2. . . . . . . Q.-�? �!'1�`. . . . . . . . . . : . . . . . . . . . . at
11
Location of Property .., Pd. ,,
Hnusc lJo. Street .H�rnlet
County Tax Map No. 1000 Section . . . .Q.7.g . . . . . Block . . . . .O . . . . . . I.ot .�� ►� . . . . . . .
Subclivitiion .� Filed ltitah No. . . 1(4.$.:;'j. . . . . . . Lut No. . . . . . . . . . . . . .
is returned herewith cued disapproval on the following grounds
Zr). f4401L�. . . . . .•!2: '.� �1� . .
a.t.ta,�.c�-. , . . . . . . . . . . `... . l!r. 30 6
C ) .1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . .
. Building Inspector
nv i/co
RECENED
/A a6 A.A TOWN OF SOUTHOLD, NEW YORK
JUL 29 1988 APPLICAAI CESSORRYSPErTAE APARTMENT
EXCEPTION
Town Clerk 90*118 Application No. k,3 7K0
Date Filed:
TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK:
I (J4K) , Elsie D. Young of 480 Grissom Lane
House No. and Street
Southold New York 11971
Hamlet, State, Zip Code
hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with
the ZONING ORDINANCE, ARTICLE III SECTION 100-3 (B) (15,) SUBSECTION
for the below-described property for the following uses and purposes:
PROPERTY: Two story single family dwelling with attached two
car garage located at 480 Grissom Lane, Southold.
USE/PURPOSE: Convert attached two car garage into accessory
apartment suitable for one or two adult inhabitants .
as shown on the attached plan drawn to scale.
A. Statement of Ownership and Interest.
Elsie D. Young is Cxm6 the owner(s) of property
known and referred o as 480 Grisspm Lane Soi3thnIrl , New York
House No. , Street, Hamlet
identified on the Suffolk County Tax Maps as District 1000, Section 078 , Block O1 ,
Lot 10 . 3, which is (is not) on a subdivision map (Filed 2-04-76 aM p ofSle—epy Hollow
Filed Map Noo- 6351 .) .
The above-described property was acquired by the owner on April 11, 1982
B. The applicant alleges that the approval of this exception would be in harmony with
the intent and purpose of said zoning ordinance and that the proposed use conforms to
the standards prescribed therefor in said ordinance and would not be detrimental to
property or persons in the neighborhood for the following reasons:
Only one or a maximum of two adults would be allowed to reside
within the accessory apartment. This would make the total number
of full time residents at 480 Grissom Lane less than the typical
number of inhabitants of other houses in this .-subdivision.
C. In addition to meeting the standards prescribed by the zoning ordinance, the
following requirements will be met:
1 . The accessory apartment will be located only in the principal building.
2. The owner of the existing dwelling will occupy one of the dwelling units
as the owner's principal residence. The other dwelling unit which is
part of this application shall be leased for year-round occupancy, evidenced
by a written lease for a term of one or more years, which will be filed
annually.
3. The existing one-family dwelling shall contain not less than sixteen-hundred
(1 ,600) sq. ft. of livable floor area.
(continued on page two)
S l
:f:F ,V.
Application for Special Exception
Page Two (continued)
C. 4. The accessory apartment shall contain not less than four-hundred fifty
(450) square feet of livable floor area.
5. The accessory apartment shall not exceed forty (40%) percent of livable
floor area of the existing dwelling unit.
6. A minimum of three off-street (on-site) parking spaces shall be provided .
as shown on the attached plan.
7. Not more than one- (1 ) accessory apartment will be on this parcel .
8. The accessory apartment will meet the requirements of a dwelling unit as
defined in Section. 100-13 of the Zoning Code.
9. The exterior entry to the accessory apartment has not changed the existing
exterior appearance of a one-family dwelling.
10. All exterior alterations to the existing building, except for access to
the apartment, is made on the existing foundation as shown on the attached
plans.
11 . I understand that the Certificate of Occupancy will terminate upon the
transfer of title or upon the owner ceasing to occupy one of the dwelling
units as the owner' s principal residence; and that in the event of the
owner's demise, the occupant of the accessory apartment may continue in
occupancy until a new owner shall occupy the balance of the dwelling or
one (1 ) year from date of said demise, whichever shall first occur.
12. This conversion shall be subject to inspection of the Building Inspector
and Renewal of Certificate of Occupancy annually.
13. The existing building which is converted to permit this accessory apartment
has been in existence and has a valid Certificate of Occupancy issued prior
to January 1 , 1984, and attached hereto.
14. The existing building, together with this accessory apartment, shall comply
with all other requirements of Chapter 100 of the Town Code of the Town of
Southold.
15. This conversion for the accessory apartment shall comply with all other
rules and regulations of the New York State Construction Code and other
applicable codes.
D. The property which is the subject of this application is zoned residential and
[xx] has not changed since the issuance of the Certificate of Occupancy attached.
[ ] has changed or received additional building permits, and Certificates of
Occupancy for these changes are attached or will be furnished.
COUNTY OF SUFFOLK)
STATE OF NEW YORK) ss" Signature
Sworn to before me this-VM day of 19 LI?65-.
ary u lic
ELIZABETH AN .NEVILLE
Note Public,State of New yYogrtkk
Tern j*res 0 ober Suffolk
ZB5 216186
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- - 4
APPEALS BOARD MEMBERS
Gerard P.Goehringer, Chairman ---
Serge Doyen,Jr. ;
�=' Town Hall, 53095 Main Road
James Dinizio,Jr. � P.O.Box 1179
Robert A.Villa Southold, New York 11971
Richard C.Wilton " ''-' °,
Fax (616)765-1823
Telephone (516) 765-1809 BOARD OF APPEALS Telephone (516) 765-1800
TOWN OF SOUTHOLD
January 7, 1994
Mrs. Elsie Young
480 Grissom Lane
Southold, NY 11971
Re: Appl. No. 3760 - Accessory Apartment
Dear Mrs. Young:
You will recall in November 1988 that a Special Exception
for an Accessory Apartment in your home was approved subject to
certain conditions.
We are writing to remind and to request each applicant that
an annual renewal is required for the apartment.
For your convenience, we enclose the Building Department's
form for your signature in order that an annual inspection may
be made for issuance of a Certificate of Compliance. Please
return this form with the $25.00 renewal fee and copy of the
written lease (if any) in effect at this time to the Building
Department. These may be mailed or returned in person. Once an
inspection has been made and passed, the Town would then be in a
position to issue a Certificate for the actual occupancy of
the Accessory Apartment area.
<If, however, you do not wish to have the Accessory
Apartment, please confirm this at the bottom of this letter and
the approval will be removed permanently from Town records.>
Should you have any questions, please call Linda in our
office or Georgia in the Building Inspector's Office at 765-1802.
Very truly yours,
lk GERARD P. GOEHRINGER'
Enclosure CHAIRMAN
cc : Building Department
OWNER'S COMMENTS:
Signature :
CONSENT
TO
INSPECTION
Elsie Young the undersigned,
Owner(s) Name(s)
do(es) hereby state:
That the undersigned (is) (a")xthe ownerW of the premises in the Town
of Southold located at Grissom Lane , Southold
#1
Mao of Sleeping Hollow Lot , -,vhich is shown and designated on the Suffolk-
County tax map as District 1000, Section 78—, Block 1 Lot 10 . 3
That the undersigned (has) (have) filed,,or caused to be filed, "an applica-
tion in the Southold Town Building Inspector's Office for the following:
Occupancy of Accessory Apartment in Existing One-Family. Dwelling
That the undersigned do(es) hereby give consent.to the Building Inspectors
of the Town of Southold to enter upon the above-described property, including
any and all buildings located thereon, to conduct such inspections as they may
deem necessary with respect to the aforesaid application, including inspections
to determine that said premises comply with all of the laws, ordinances, rules
and regulations of the Town of Southold.
The undersigned, in consenting to such inspections, do(es) so with the
knowledge and understanding that any information obtained in the conduct of
such inspections may be used as evidence in subsequent prosecutions for vio-
1ations of the laws, ordinances, rules or regulations of the Town of Southold.
Dated: January 1994
(signature)
Elsie Young
(print name)
(signature)
(print name)
COUNTY OF SUFFOLK
PATRICK G. HALPIN
SUFFOLK COUNTY EXECUTIVE
DEPARTMENT OF PLANNING LEE E. KOPPELMAN
360-5206 DIRECTOR OF PLANNING
December t12, 1 88
Town of Southold
Zoning Board of Appeals
Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County
Administrative Code, the following application(s) which have been referred to
the Suffolk County Planning Commission are considered to be a matter for local
determination. A decision of local determination should not be construed as
either an approval or a disapproval.
Applicant(s) Municipal File Number(s)
IE lsie D. Young 3760
Robert & Dianna Baker 3762
Gretchen K. Heigel 3773
James Young 3784
Very truly yours,
Lee E. Koppelman
Director of Planning
S/s Gerald G. Newman
Chief Planner
GGN:mb
VETERANS MEMORIAL HIGHWAY
HAUPPAUGE. L.I..NEW YORK 11788
(516)360-51 92
_ Southold Town Board f
o Appe ' ls
a
MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS,JR.
SERGE DOYEN, JR.
JOSEPH H. SAWICKI
James Dinizio, Jr.
Pursuant to Article XIII of the Suffolk County Charter , the
Board of Appeals of the Town of Southold , New York , hereby refers
the following to the Suffolk County Planning Commission :
Variance from the Zoning Code , Article Section
Variance from Determination of Southdld Town Building Inspector
x Special Exception , Article III , SectionlOO-30B (15)
Special Permit
Appeal No . : 3760 Applicant: Elsie D. Young
Location of Affected Land : 480 Grissom Lane, Southold, NY
County Tax Map Item No . : 1000- 78-1-10 . 3
Within 500 feet of:
Town or Village Boundary Line
XX Body of Water (Bay , Sound or Estuary )
State or County Road , Parkway , Highway , Thruway
Boundary of Existing or Proposed County , State or Federally Owned Land
Boundary of Existing or Proposed County , State or Federal Park or
Other Recreation Area
Existing or Proposed Right-of Way of Any Stream or Drainage Channel
Owned by the County or for Which The County Has Established Channel
Lines ,
or Within One Mile of a Nuclear Power Plant
_ Within One Mile of An Airport .
COMMENTS : Applicant is requesting permission to establish Accessory
Apartment in an existing dwelling structure.
Copies of Town file and related documents enclosed for your, review.
Dated : December 6 , 1988
L0
tK Southold Town hoard ®fAppeals
MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I.. N.Y. 11971
TELEPHONE (516) 765.1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR. December 2, 1988
JOSEPH H. SAWICKI
JAMES DINIZIO, JR.
Mrs. Elsie D. Young
480 Grissom Lane
Southold, NY 11971
Re: Appeal No. 3760 - Special Exception (Acc'y Apartment)
Dear Mrs. Young:
Transmitted herewith for your file and perusal is a copy of
the determination rendered by the Board of Appeals recently
concerning the above application.
Please be sure to return to the Building Department for
issuance of additional -documents which may be necessary. A copy
of this decision has also been furnished to the Building
Department Office to update their files.
Yours very truly,
GERARD P. GOEHRINGER
CHAIRMAN
By Linda Kowalski
Enclosure
Copy of Decision to:
Office of the Building Inspectors
Suffolk County Department of Planning
_a Southold Town Board of Appeals
®� ®� MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS,JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H.SAWICKI
{ TO WHOM IT MAY CONCERN:
Enclosed herewith as confirmation of the time, date and
place of the public hearing concerning your recent application is
a copy of the Legal Notice, as published in the Long Island
Traveler-Watchman, Inc. and Suffolk Times, Inc.
Someone should appear in your behalf during the public
hearing. Questions may arise from Board Members or persons in
the audience during the hearing. Your hearing is expected to
start at the time advertised in the Legal Notice, and you will
not be required to appear earlier.
Please feel free to call our office prior to the hearing
date if you have any questions or wish to review your file.
Yours very truly, .
GERARD P. GOEHRINGER
CHAIRMAN
lk
• Sri. •
TOWN OF SOUTHOLD
ZONING BOARD OF APPEALS
REGULAR HEARING OF THURSDAY, OCTOBER 6, 1988
Appl. No.-: 3760 & 3761
Applicant(s) : ELSIE D. YOUNG
Location of Property: 480 Grissom Lane, Southold
Tax Map ID No. : 1000- 78-1-10.3
October 6, 1988 Regular Meeting
Present were: Chairman Gerard P. Goehringer; Member Charles Grigonis,
Jr. ; Member Serge Doyen, Jr. ; Member James Dinizio, Jr. Absent was:
Member Sawicki (due to serious family illness) . Also present were:
Board Assistant Linda Kowalski , and approximately 40 persons in the
audience.
The Chairman read the Legal Notice for this hearing , as published
in the suffolk Times and L. I . Traveler-Watchman, Inc.
CHAIRMAN GOEHRINGER: And I have the affidavit in the file from
Curtis W. Horton indicating the nature of what I had read in the
legal notice.. I have a letter from the next door neighbor. And
I have a copy of a survey dated April 8 , 1985 indicating the ap-
proximate placing of the house on said parcel. I have the plans
of the house and we'll ask the applicant questions concerning the
accessory apartment. And I have a copy of the Suffolk County Tax
Map indicating this and surrounding properties in the area. Is
there somebody who would like to be heard on behalf of this appli-
cation? Mrs. Young, is she available? Mr. Young. How do you do
sir?
MR. YOUNG: Mrs. Young is my mother. I 'll try to answer whatever
questions you might have. .$n addition, I might say before you
start, there should also be an affidavit from Ed 'Williams.
CHAIRMAN GOEHRINGER: Yes there is. The nature of this applica-
tion is for an accessory apartment for what use sir? Is it a
rental use?
MR. YOUNG: Yes it would be a rental to provide lessee accommoda-
tions for one or a maximum of two adults.
CHAIRMAN GOEHRINGER: And this is primarily the utilization of the
garage area?
MR. YOUNG: It will be strictly the garage. It ' s just a matter of
converting a two-garage to a one bedroom, one living room, bathroom
and combination kitchen/dining room. The exterior, there should be
some diagrams here included in the application. It shows essenti-
ally the only alterations visible from the road would be two sliding
glass doors that replace an 18 foot fiberglass garage door. And es-
sentially the driveway remains the same except for a sweep across the
front of the porch to provide a turn around. But again, from the
Page 2 - Thursday, O-1�ber 6, 1988
' � - Public Hearing - ELS f YOUNG
Southold Zoning Boaru Appeals
MR. YOUNG (continued)
road, those would be the only visible differences to the present ap-
pearance of the house or garage.
CHAIRMAN GOEHRINGER: Will there be any fireplace or chimney added
to the structure at all?
MR. YOUNG: No. At present we're contemplating electric heat and
that will not involve an additional furnace or gas heating system.
CHAIRMAN GOEHRINGER: And the bathroom facilities or lavatory fa-
cilities will be utilized, you'll be utilizing the same cesspool
system that exists.
MR. YOUNG: Yes. I called the Department of Health to inquire as
to the possibility of using the current septic system and they in-
dicated that they had no problem with that as long as the Building
Department found it acceptable. In addition, the same thing with
domestic water from the well in the front of the property.
CHAIRMAN GOEHRINGER: We thank you very much for coming in Mr. Young.
Is there anybody else who would like to speak in favor of this appli-
cation? Anybody like to speak against the application? Questions
from Board members. Hearing no further questions, I 'll make a motion:...
closing the hearing reserving decision until later.
All in favor - AYE.
BY C�l; �_CCJ`-,0
�f� ��
JAM ES A.SCHONDEBARE {
TOWN ATTORNEY " '`� Town Hall, 53095 Main Road
� t''�.;' P.O. Box 1179
CJo� .N �, �
Southold,.New York 11971
ROBERT H.BERNTSSON TELEPHONE
ASSISTANT TOWN ATTORNEY
(516) 765-1939
OFFICE OF THE TOWN ATTORNEY
TOWN OF SOUTHOLD
TO: Gerard P. Goehringer, Chairman, Board of Appeals
FROM: Robert H. Berntsson, Assistant Town Attorney
DATE: October 17, 1988
REF: Special Exceptions Granted by the ZBA
You inquired as to whether the ZBA could waive certain _
conditions required for a Special Exception in order to grant the
relief requested. In particular, under the accessory apartment law,
could the ZBA allow an accessory apartment in a dwelling which did
not have a C.O. issued prior to January 1, 1984. Based upon the
case law in this area, the ZBA may not .waive the specific conditions
required for Special Exceptions.
In Knadle v. ZBA of Huntington, 121 AD2d 447 (1986), the
court stated that "entitlement to a special exception is not a
matter of right and an exception may only be secured upon showing of
compliance with those standards set forth in the Zoning Ordinance."
(Citations omitted) . The court continued, . . ."respondent board has
no power to waive or modify this requirement or to alter this
condition under the guise of a variance."
The State's highest court reached a similar conclusion in
Roginski v. Rose, et al., 63 NY2d 735 (1984) in affirming the
judgement of the Appellate Division.
The ZBA is without power to grant a special exception where
the applicant fails to meet all of the requirements in the Zoning
Code.
cc: Victor Lessard, Building Dep't.
RHB:jas
oo. OGy Southold. Town Board- of Appeals
MAIN ROAD - STATE ROAD':25 SOUTHOLD, L.I!, N.Y. ,11971.
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS October 6 , 19 88
GERARD P. GOEHRINGER, CHAIRMAN S.E.Q.R.A.
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR. NEGATIVE ENVIRONMENTAL DECLARATION
RGIBER
JOSEPH H. SAWICKI Notice of Determination of Non-Significance
APPEAL NO. : 3760 SE
PROJECT NAME: EL'S'I'E' D.'- YOUNG
This notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 of the ..N.Y.S. Environmental
Quality Review Act of the Environmental Conservation Law and Local
Law #44-4 of the Town of Southold.
This board determines the within project not to have a signifi-
cant adverse effect on the environment for the reasons indicated
below.
Please take further notice that this declaration should not be
considered a determination made for any other department or agency
which may also have an application pending for the same or similar
project.
TYPE OF ACTION. [.,_J Type II [ ] Unlisted [X] Exempt
DESCRIPTION OF ACTION: Establish Accessory. Apartment in existing.
dwelling.
LOCATION OF PROJECT: Town o.f Southold, County of, Suffolk, more
particularly known as: 480 Grissom Lane, Southold,-, NY
78-1-10. 3
REASON (S) SUPPORTING THIS DETERMINATION:
(1) An Environmental Assessment in the short form has been
submitted which indicates that no significant adverse effects to
the environment are likely to occur should this project be imple-
mented as planned;
(2) This is an application concerning use of premises and is not
directl related to new construction. ' '
(3 Exempt - Involves no substantial physical change to existing
builds E,URTHER INFORMATION, PLEASE CONTACT: Linda Kowalski, Secretary,
Southold Town Board of Appeals,.. Town Hall, Southold, NY 11971; tel. 516-
765-1809 or 1802 .
Copies of this notice sent to the applicant or his agent and posted
on the Town Clerk Bulletin Board.
me
®oN�6L oi. FUDERICK lg
SS`J Gies Lead
-`' New 'fork 1.1971
IAQ-
ge oe.
h.
NOTICE OF HEARINGS-
NOTICE . IS HEREBY _!
GIVEN, pursuant to Section
267 of the Town Law and the 8:00 p.m. Appl. No 3758—• $:40 P.-M.Code of the Town of Southold, THEODORE KUD .tNSKI •m. AppL. No. ,9:15 p.m. Appl. No.`3776-
3769SE—CUTCHO-GUE the following hearings will be JR. Variance to .the,:Zoning FARMS LTD. (a/k/a GRIS-
yOWARD'ANDMARGARET
held by the SOUTHOLD Ordinance, Article.Ili, Section BRODIS•Special Exception to .
TINA VINEYARDS). Special the Zoning Ordinance, Article TOWN BOARD OF APPEALS ]00-31 for permission to.con- Exception to the Zoning Ordi-..
at a Regular Meeting at the struct open deck addition with "1I1;Section,100-30B(15)for-per-
at nance, .Article III, Section
Southold Town Hall, Main an insufficient,rearyard setback mission to,-*
o,establish Accessory
from existin dwellin 100-30B for permission to es a�A
Road, Southold,NY 11971, on g g,.at pre-, Apartri�ent in a_prepe -
lish Winery,at premises located lion to existing dwelling;at pre-.'
THURSDAY, OCTOBER 6; miles known as 605 Highwood along the north side of the Main
1988, at the following times. Road, "Highwoodat•Bayview" miles"known.as 435 Eastward
Subdivision. Lot No.: 8, Road, Cutchogue, NY; County Ct.,Mattituck,NY;County Tax
7:35 p.m. Appl.`No. 3765— Tax Map Parcel . No. '
JOSEPH SPITALIERE for a Southold,NY;County Tax Map Map Parcel No. 1000-115-7-9.
]000-109-01-13. .;The Board of Appeals will at
Variance to the Zoning Ordi- Parcel No. 1000-78-9-50. 8:5.0 p.m. Appl. No.;37t;d
nance Article III Section 8:05 p.m.ELSIE D.YOUNG. said time and place hear any and
DENTS O'BRIEN for Variances '. all, ersons_:or'.re representatives
100-31 for the placement of a= Appl. No.::3760SE—Special to the Zoning Ordinance, Arti- P P
new dwelling structure with a re- Exception to the Zoning Ordi-' • cle III, Section 100-31 and Ar desiring to be beard in each of
duced setback from the front nance for permission to estab- the above matters.Written com- .
title XI Section 100-119.1 for ments ma also be submitted
property line. Location of Pro- lish Accessory Apartment in an Y
permission erect tennis court.
perty: Right-of-way ,located. existing dwelling structure in ac- with 10-ft. high fencing and. prior to the conclusion of the
along the east side of Cedar cordance with the requirements subject hearing. .Each hearing..
of Article III,Section 100-30B, 'gazebo structure in re area•d,.at will not.start before the time al-
south Drive, Southold, ,(just than the required rearyard,.at lotted: For more information
south of'General Wayne Inn subsection 15.Location of Pro
Y ) 'premises identified on the Suf lease call 765-1809.
and extending in an easterly and perty: 480 Grisson Lane, folk County Tax Maps as Dis- P
thence souther] direction to this Southold,NY;County Tax,Ma Dated: September 16, 1988.
Y P trict 1000, Section 3, Block 3,' BY ORDER OF
parcel identified on the Suffolk Parcel No. 1000-78-1-10:3.. Lot 35 .along Private Road,, THE SOUTHOLD TOWN
Count Tax Maps as. :Appl. No. 3761-V—Variance -BOARD OF APPEALS
Y P Fishers Island, NY.
1000-90-4-14. to the Zoning Ordinance, Arti 8:55 p.m. Appl. No. 3778
cle III Section 100-30B 15 M GERARD P. GOEHRINGER,
7:40 p.m. Appl. No. 3768— ( )� BRETT AND JANET KEHL— CHAIRMAN
FRANK AND SANDRA CUR- to allow conversion of dwelling Variance to the ZoningOrdi=
RAN for a Variance to the Zon- for Accessory Apartment with By,Linda Kowalski 3S nance, Article Ill, Section 1X,•9/29/88 50
ing Ordinance,Article lIl,Sec- Certificate of Occupancy dated 100.32 and removal of Condi- ( )
tion 100-31 for construction of after January 1, 1984,although Lions rendered under Appeal
a pool with deck and fence en- Affidavit of Building Inspector No.•3641 on June 18, *1987 in ,
closure with an insufficient indicates dwelling met,.the.. order to allow conversion of the
frontyard setback and excessive requirements for a Certificate of i subject building as livable area n /
lot coverage over 20 percent),at Occupancy had application V (l
g ( P ), in proposed reconstruction plan
premises known as 780 Hay- been made in a timely fashion. of dwelling,at premises known
waters Road, Cutchogue, NY; Location of Property:480 Gris-' as 5500 Main Bayview Road,
County Tax Map Parcel No: • son Lane,Southold,NY;Coun- Southold,'NY;County`Pax Map , f
1000-111-01-016. ty Tax 'Map Parcel. No. parcel ID No. 1000-78-4-32.
7:45 p.m. Appl. No. 3763— 1000-78-01-10.3. 9:05 p.m. . Appl. No.
JOHN J. JESSUP for a Vari- 8:15 p.m.JOHN T.BEEBE- 3774SE—H&S ASSOCIATES. �l
ante to the Zoning Ordinance, .. Variances to the Zoning Ordi- '.Special Exception to the Zoning
Article III, Section 100-31 for nance, Article III, Section Code, Article.; VII, Section
construction of an addition at . .100-31 for approval of insuffi- 100_70B for permission to con- -
the westerlyside of the existingcient area and width of two pro-
e posed parcels in this proposed struct addition in exiwest-l
dwelling with a reduction in the building,(maintaining the west-
total sideyards, at premises set-off division of land,located erly yard setback)for iise part-
known as 90 East Road,Cutch- :a along Beebe Drive;.Cutchogue, ly for sales of auto parts,added
ogue,NY,•County Tax Map Par- =~ NY,County:Tax Map Parcel Ialo. storage, and engine-rebuilding.
'C 1000`403-3-part of.Lot 5. g g
cel No. 1000-110-7-15. shop,At.premises located along
7:50 p.m. Appl. No. 3759— 8:20 p.m.ROBERT AND DI-
ANNA BAKER.Special Excep-. the north side of the Main
TONY SCARMAIU. INC. for lion to the Zoning Ordinance, Road, Cutchogue, NY; County
a Variance to the Zoning Ordi- Tax,. Map Parcel. No.
nance, Article Xl- Section Article III,Section 100-30B(16)
for permission to establish Bed 1000-102-2-24. .
100-119.2 for approval of gazebo.
setback from an existing bulk- and Breakfast establishment in
structure with an insufficience an existing dwelling,at premises
head along Pown as. 235 known as 2900 Boisseau Ave-
miles known Bay.,at pre- nue,Southold,NY;County Tax
Huckelberry Mill Road; East Map Parcel No. 1000-55-6-9.
Marion, NY; County Tax Map 8:30 p.m: Appl. No. 3779—..
Parcel No..1000-31-16-9. PETER AND DESPINA MAR-
7:55 p.m. Appl: No. 3755SE KOPOULOS for a Variance to
TIMOTHY COFFEY AND the Zoning Ordinance, Article j
THE COVE AT SOUTHOLD III, Section 100-31 and prior
S e Appeal No. 3623 rendered May
Zoning Ordinance, ArticIe III,
p clan Exception the 11, 1987 for approval of•strut-
e
SeM ture(s)with reduced sideyards
ion 100-30C,for permission ' premises -known as Lot !/16, �
to erect off-premises sign. Captain Kidd Estates,along the
Loca-
tion of Property:South Sidede of of � south side of Sound Beach
Main Road, Southold, NY;County Tax Map Parcel Drive, Mattituck, NY; County'
No. .� Parcel No.
1000-75-06-7.3. (Recessed from Tax 1000-99 Map Map '
Prior Meeting).
_�OUNTY'OF-SUFFOLK —
STATE OF NEW YORK SS:
Patricia Wood, being duly sworn, says that she is the
Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
a public newspaper printed at Southold, in Suffolk County;
and that the notice of which the annexed is a printed copy,
has been published in said Long Island Traveler-
Watchman
once each week for . . . . . . . . . . . . . . . . . . . . . . . . . . . weeks
Z'
successively, commencing on the . . . . . . . . . . .�9.
d o 19 �8
. . . . . . . . . . . . . . . . . . . . . . .�
Sworn to before me this . . . . . . . . . .a. . . , . . , . , day of
19
. . . . . . . . . . . . . . . . . . . . . . .�. . . . . . . . . .
N.otary P lic
MEEGESSON
NOTAP.Y PUBLIC, State of New York
No. 4842180
Qualified in Suffolk County
Commission Expires
i
i
non of t-roperty:Juuul owac-v.
Main Road, _ Southold,,'NY; south side _of �ouna ueacn I
_->Drive. Mattituck_ NY: C rnrnry "'1 -
legal Notices cial Exception tcliftZoning Ordi- Map Parcel No.1000-55-6-9.
nance,Article Edon 100-30C, 8:30 p.m.Appl.No.3779—PP-
forpermission -ct off=premises` TER AND DESPINA MAI
NOTICE OF HEARINGS sign. Location or-t'roperty:-South OPOU .OS for a Variance to
NOTICE IS H_l�REBY'GIVEN, Side of Main Road,Southold;NY; Zoning III, tion Se c
ursuant to Seetip?267`off the Town County Tax Map Parcel No. 1000 10ninnin and prior
Ordinance,Article Ill
law and the Code of the Town of. 75-06-7.3 (Recessed from Prior Appeal 3623 SS:
;outhold,the following hearings will Meeting). rendered_May 11, 1987 for approval
e held by the SOUTHOLD TOWN 8:00.p.m.`Appl. No.-3758:-,""' ; ."of.suuctum(s)with reduced sideyards,
THEODORE KUDLINSKI. JR'. "at premises known as Lot. #16,
DARD OF APPEALS at a Regt)lar Captain Kidd Estates, along south
fleeting at the Southold Town Hall,' Variance to the Zoning Ordinance,- side in Sound Beach Drive, ntento of Mattituek, in
fain Road,Southold,NY 11971,on, Article III,Section 100-31 for per- ;.Matti of Sound
.County Tax Map y y p
•HURSDAY.OCTOBER 6. 1988 at mission to construct open deck addi= . `parcel uckNo.1 NY;
, - tint I sworn says that he/she is Principal
to following tirries: lion with an insufficient rearyard set-
g 8:40 p.m. Appl. No:3769SE = LK TIMES, a Weekly Newspaper,
back from existing dwelling, at UTCHOCUE FARMS LTD.(a/k/a
7:35 p.m. Appl. No. 3765 — (�
7SEPH SPITA E F.for a Variance Premises known as 605 Highwood. In the Town of Southold, County of
Road, "Highwood at Bayview", GRISTINA VINEYARDS).Special
the Zoning Ordinance,Article III, Subdivision Lot No. 8, Southold; -Exception to the Zoning Ordinance, ew York,and that the Notice of which
cction 100 31 for the placement of a NY; County Tak Map Parcel No. Article III,Section 100-30B forper-
-,w dwelling structure with a reduced _ mission to-establish Winery, at copy,has been regularly published in
aback from the front• r line. 1000-78-9-50.
P° i 3:05 p:m._ELSIE D.YOUNG- Premises located along the north side a each week for 1 weeks
ocation of Property: Right-of-way of the Main Road, Cutchogue,NY;
cated along the east side of Cedar Appl.No:,3760SE —Special County Tax Map Parcel No:1000- ncing On the 29 day Of
each Drive,Southold,(just south of; Exception to the Zoning Ordinance
forpem►ission to. Accessory 109 O1-13.
eneral Wayne Inn)and extending,in ry 801- p.m. Appl. No. 3764 —
t easterly and thence southgrly Apartment in�an existing dwelling DENIS O'BRIEN for Variances to the
rection to this parcel identified on structure in accordance with the.re=
quirements of Article III, Section Zoning Ordinance,Article III,Section
;e Suffolk County Tax Maps as 100-30B,subsection 15.Location of. 100-31 and Article XI,Section 100-
)00 9011-14. '119.1 for permission to'erect tennis
7:40 p.m Appl. No..3768 Property: 480 Grissom .Lane;
RANK AND SAND A _rmuAN Southold, NY,' County,Tax Map, coury with 10-ft.,high,fencing,,and,
Parcel No.1000-78-1-10.3. gazebo structure in an area other than Principal Clerk
,r a Variance to the Zoning Ordi= Appl.No.3761-V—variance the required rearyard, at premises
tnce,Article III,Section 10 deck
for to the Zoning Ordinance,Article III, identified on the Suffolk County Tax
instruction of a pool with deck and Section 100-30B(15)(M) to allow Maps as District 1000, Section 3,
nce enclosure with an insufficient conversion of dwelling for Accessory Block 3,Lot 3.5,along Private Road, /� o2d Q
ontyard setback and excessive lot Apartment with Certificate of Occu- Fishers Island,NY. . IS
Overage (over 20 percent),. a t pancy dated afterJanuary 1,.1984,a1= . 8:55, p.m. Appl. No. 3778 —
oemises known as 780 ers though Affidavit of Building Inspector BRETT AND JANET KEHL — 19
anti,Cutchogue,NY; County
ty Tax- though K.DEGNAh
indicates dwellingmet the re= °-"Variance to the Zoning Ordinance,
;apParcelNo.1000-111-01-016. VOTARY PUBLIC,State of New York
quirements for a Certificate of Occu- .<`•`Article III, Section 100-32 and re- Suffolk County!viz.a`4 r;o0
7:45 p.m. Appl. No. 3763 T- pancy had application been made in a I". moval of Conditions rendered under r 19��
)HN L.JESSUP for a Variance to �/`- firm Expires FeUrua. ((( r
timely fashion.Location of Property:. Appeal No.3641 on June 18, 1987
e Zoning Ordinance, Article III; . 480 Grissom Lane, Southold, NY; is order to allow conversion of the.
xtion 100-31 for construction of an County Tax Map Parcel No. 1000= -. :`,.subject building as livable area in
idition at the westerly side of the 78-01-10.3. proposed reconstruction plan of
-isting dwelling with a reduction irt" 8:15 p.m. JOHN T. BEEBE dwelling,at premises known as 5500
e total sideyards,at premises known Variances to the Zoning Ordinance, : Main Bayview Road,Southold,NY; (,
90 East Road, Cutchogue, NY; Article III,Section 100-31 for ap- County Tax Map Parcel ID No.
.wnty Tax Map Parcel No. 1000- ,1000-78-4-32.
0-7-15. proval of insufficient area and width 9:05 p.m.Appl.No.3774SE—jrI
7:50 m. Appl. No. 3759 — of two proposed parcels in this pro-. . ;
p' PP :,`.posed set-off division of land,located. . ' ;&S .ASSOCIATES Special,;Ex-
)NY SCARMATO_ INC,for a. along Beebe Drive,Cutchogue,NY; ception to the Zoning Code,.Article-
rriance to the Zoning Ordinance; `: County Tax Map Parcel No. IOpO- " ` •Section 100-70B for permission
ticle}CI.Section 100419.2 for ap-5 103-3-part of Lot 5. ^;r'to construct addition to existing
oval of gazebo structure with an. 8:20 p.m. ROBERT AND DI= ;-Y=s' building, (maintaining the westerly
;efficient setback from an existing ANNA BAKER,Special Exception to yard setback)for use-partly for sales
ikhead along Peconic Bay, at the Zoning Ordinance, Article III, of auto parts;added storage,and en-
raises known as 235 Huckelberry Section 100 30B(16)for permission gine-rebuilding shop,at premises to- .
ill Road,East Marion,NY;County to establish Bed and Breakfast estab-
lishment cated along the north side of the Main
z Map Parcel No.1000-31-16-9. in an existing dwelling, at Road,Cutchogue,NY; County Tax
7:55 p.m. Appl. No. 3755SE Map Parcel No�1000-102-2-24.
MOTHY COFFF.Y AND THE Premises known as 2900 Boisseau-_
Avenue,Southold,NY;County Tax 9:15 p.m. Appl; No. 3776 —
p .` HOWARD AND MARGARET"
WE AT SOUTHOLD,INC.S e-
BRODIS.Special Exception to the witted prior to the conclusion of the
Zoning Ordinance,Article III,Section subject hearing.Each hearing will not
100-30B(15)for permission to estab- 'start before the time allotted. For
--lish AccessorX Apartment in a pro. more information, please call 765- � .
posed-addition to existing dwelling,at 1809.
_ prerlttses knoft as 435 Eastward Ct., Dated:September 16,1988.
Matutuck, NY; County Tax Map BY ORDER OF
Parcel No.1000-115-7-9. THE SOUTHOLD TOWN
The Board of Appeals will at said BOARD OF APPEALS
time and place hear any and all per- GERARD P:GOEHRINGER,
sons,or representatives desiring to be CHAIRMAN
heard in each of the above matters.. By Linda Kowalski
Written comments may also be sub- 6071-1TS29
�-7 Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
JUDITH T. TERRY TELEPHONE
TOWN CLERK (516)765-1801
REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
To: Southold Town Zoning Board of Appeals
From: Judith T. Terry, Southold Town Clerk
Dated: July 29, 1988
Transmitted herewith is Zoning Appeal No. 3760 application of
Elsie D. Young
for a Special Exception. _ Also included is Notification to Adjacent Property
Owners; Short Environmental Assessment Form; Certificate of Occupancy
for Non-conforming Premises; survey of property; and any other attachments
relative to this application.
•
Judith T. Terry
''� Southold Town Clerk
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TOWN OF SOUTHOLD, NEW YORK
ACCESSORY APARTMENT
APPLICATION R SFETI71EXCEPTION
Application No. .� 76�
Date Filed:
TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK:
I (J4K) , Elsie D. Young of 480 Grissom Lane
House No. and Street
Southold New York 11971
Hamlet, State, Zip Code
hereby apply to THE ZONING BOARD. OF APPEALS for a SPECIAL EXCEPTION in accordance with
the ZONING ORDINANCE, ARTICLE III SECTION 100-3 (B) (15,) SUBSECTION
for the below-described property for the following uses and purposes:
PROPERTY: Two story single family dwelling with attached two
car garage located at 480 Grissom Lane, Southold.
USE/PURPOSE: Convert attached two car garage into accessory
apartment suitable for one or two adult inhabitants.
as shown on the attached plan drawn to scale.
A. Statement of Ownership and Interest.
Elsie D. Young is ( the-owner(s) of property
known and referred o as 480 Griss9m. Lane Southold , New York
House No. , Street, Hamlet
identified on the Suffolk County Tax Maps as District 1000, Section 078 , Block 01 ,
Lot 10 . 3, which is (is not) on a subdivision map (Filed 2-04-76 aM p ofSle—epy Hollow
Filed Map. FT- 6351 _) .
The above-described property was acquired by the owner on April 11, 1982
B. The applicant alleges that the approval of this exception would be in harmony with
the intent and purpose of said .zoning ordinance and that the proposed use conforms to
the standards prescribed therefor in said ordinance and would not be detrimental to
property or persons in the neighborhood for the following reasons:
Only one or a maximum of .two adults would be allowed to reside
within the accessory apartment. This would make , the total number
of full time residents at ,480 Grissom Lane ,less than the;'rtypical
number of inhabitants of other houses in this -subdivision'.
C. In addition to meeting the standards prescribed by the zoning ordinance, the
following requirements will be met:
1 . The accessory apartment will be located only in the principal building.
2. The owner of the existing dwelling will occupy one of the dwelling units
as the owner's principal residence. The other dwelling unit which is
part of this application shall be leased for year-round occupancy, evidenced
by a written lease for a term of one or more years, which will be filed
annually.
3. The existing one-family dwelling shall contain not less than sixteen-hundred
(1 ,600) sq. ft. of livable floor area.
(continued on page two)
Application for Special Exception
Page Two (continued)
C. 4. The accessory apartment shall contain not less than four-hundred fifty
(450) square feet of livable floor area.
5. The accessory apartment shall not exceed forty (40%) percent of livable
floor area of the existing dwelling unit.
6. A minimum of three off-street (on-site) parking spaces shall be provided
as shown on the attached plan.
7. Not more than one (1 ) accessory apartment will be on this parcel .
8. The accessory apartment will meet the requirements of a dwelling unit as
defined in Section 100-13 of the Zoning Code.
9. The exterior entry to the accessory apartment has not changed the existing
exterior appearance of a one-family dwelling.
10. All exterior alterations to the existing building, except for access to
the apartment, is made on the existing foundation as .shown on the attached
plans.
11 . I understand that the Certificate of Occupancy will terminate upon the
transfer of title or upon the owner ceasing to occupy one of the dwelling
units as the owner' s principal residence; and that in the event of the
owner's demise, the occupant of the accessory apartment may continue in
occupancy until a new owner shall occupy the balance of the dwelling or
one (1 ) year from date of said demise, whichever shall first occur.
12. This conversion shall be subject to inspection of the Building Inspector
and Renewal of Certificate of Occupancy annually.
13. The existing building which is converted to permit this accessory apartment
has been in existence and has a valid Certificate of Occupancy issued prior
to January 1 , 1984, and attached hereto.
14. The existing building, together with this accessory apartment, shall comply
with all other requirements of Chapter 100 of the Town Code of the Town of
Southold.
15. This conversion for the accessory apartment shall comply with all other
rules and regulations of the New York State Construction Code and other
applicable codes.
D. The property which is the subject of this application is zoned residential and
[XX] has not changed since the issuance of the Certificate of Occupancy attached.
[ ] has changed or received additional building permits, and Certificates of
Occupancy for these changes are attached or will be furnished.
COUNTY OF SUFFOLK) %✓��
STATE OF NEW YORK) ss" Signature
Sworn to before me thi s -'20 day of ,5�� 198t .
ary ublic
ELIZASETH AN NEVILLE .
Notary Public,Stat of New`fork
No.52-8125850,Suffolk Counly
Term Expires October 31,I
ZB5 2/6J86
130ARD OF APPIALS. TOWN 0 OVTHOLD
lit the Matter or the PetitWO of
y>;ltie D. Young NOTICE
TO
to the Board pf Appeals of the To if of Southold ADJACENT
PROPERTY OWNER
YOU ARE HEREBY 61VEN NOTICE:
i. That it is the intention dt the undersigned to petition the Board of Appeals of the Town of Southold
to retluest a (Vatiance) Special EX'eption (Special Permit) (Other) [circle choice]
2. That the property which, is the subject of the Petition is located adjacent to your property and is des-
cr(bed as tollotvti Two story #angle family dwelling with attached two car
ctdrade_-lo_Cated at 48J1_Grissom Lane, Southold.
3. That the property whicH is the subject of such Petition is located in the following zoning district:
Resideribial
4. That by such Petition, tilt undersigned will request the following relief: Permission to
_-cohyert_ attached tt3e car garage into. an a - _ _Raory apartment
suitable for habitotion by one or a maximum of two adults .
5. That the provisions of tfltt Southold Town Zoning Code applicable to the relief sought by the under-
signed'ar! Ai:tidle I I I Section 10 0-3 0 (B) (15)
[ ] 5eCtion 280-A, Ne4.York Town Law for approval of access over right(5)-of-way.
6. That within five days frdt" the date hereof, a written Petition requesting the relief specified above will
be filed in the Sduthold Town Clerk's Office at Main Road Southold, New York and you may then and there
exAmine the saMt during regular Ace hours. (516) 7d5-1809.
7. That before the relief sought may be granted, a public hearing must be held on the matter by the
board of Appeilsl that a notice of. uch hearing must be published at least five days prior to the-date of such
heating irl the 50folk Times and 4th.e 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.
bated:
Petitioner
Owners ' Names :
Post Office Address
C-��')4- ;t
7/ 71
Tel No .
[Copy of ketch or pl4h showing proposal to be attached for c
purposes . onvenience
Attached provides perspective view of
Mouse and garage -after completion.
..��—. .�....—...�.................tl.. ..._........_ ....... .............. .. cY... ....... _ ......—....
PROOF OF M
All N F NOTICE
ATTACH CERTIFIED MAIL RE` CEIp
NAME ADDRESS
STATE OF NEW YORK )
COUNTY OF SUFFOLK) ss.:
512 OUY� residing atINJ b V :ys
being duly sworn, depq� and that on bhp day
of_� y, ► .. 19 , deponent mailed a true cop f the Notice sets
verse side hereof, directed to each of the above-named persons at the addres set opposite th �j rpsp
li� p4 Ili�F"
names;that the addresses set opposite the names of said persons are the addf"ses ofs said perso�A4 shgwn on
the curve s mg t roll the Tv of Southold; that said Notices were tiled at the Uniggo Staled P041 ( P
fic ou o`� (�`��� ; that said Notices werg"' ailed to each of Najd afso s p
certified (mod) mail. P n . r
LL
Sworn to before me this �C( ,
da of L`�.�� 199
Notary Public
ELIZABETH ANN NEVILLE
Notary Public,State of New York
No.52-8125850,Suffolk Cou�n�jr
Term Expires October 31,19
(This side does not have' tp Pe completed on form tr4psmitted to p0jol.ning
property owners . )
P 933 162 246 P 933 162 241. I
RECEIPT FORt CERTIFIED MAIL
RECEIPT FOR CERTIFIED MAIL
NO INSURANCE COVERAGE PROVIDED NO INSURANCE COVERAGE PROVIDED
NOT FOR INTERNATIONAL MAIL PROOF OF MAILING OF NOTICI NOT FOR INTERNATIONAL MAIL
(See Reverse) TACH CERTIFIED MAIL RECEIP
(See Reverse)
Sen to ADDRESS Sent to
Street and C. STo 0) treet a;nd z;?NI. �\rC�l
R ,State and ZIP Code 7 \y' 1
P 933 162 244 P 933 162 2 2
RE EIPT FOR CERTIFIED MAIL RECEIPT FOR CERTIFIEC MAIL
NO INSURANCE COVERAGE PROVIDED
NOT FOR INTERNATIONAL MAIL NO INSURANCE COVERAGE PROVIDI
(See Reverse) NOT FOR'INTERNATIONAL MAIL
(See Reverse)
Sent O YT M_S 4�n It(10 to
, �
Stree
f d
?? c Street and No.
P.O., tateZ'p�ode,A1 `,p 1 l O.,State and ZIP Code
1 f�V 1 1 c
c
P 933 162 245 i P. 933 162 243
RECEIPT FOR CERTIFIED MAIL t RECEIPT FOR CERTIFIED MAIL
u
NO INSURANCE COVERAGE PROVIDED NO INSURANCE COVERAGE PROVIDED
NOT FOR INTERNATIONAL MAIL _� NOT FOR INTERNATIONAL MAIL
(See Reverse)
(See Reverse)
Sent to.
S ice
r s tt
,
Street a o. Street a d No. `
�'a c rc W
P.O., ateC, I(J pA 1�9? P. State and;ZlOP k
Postage ��yy g 1 �(((�,
de
Postage S
Certified-Fee Certified Fee
Special Delivery Fee Special Delivery Fee
Restricted Delivery Fee - Restricted Delivery Fee
Return
who Receipt"s-ffftmg Return Receipt showing
to rTr and Date.Delivered
n to whom and Date Delivered
Ln
n Return Receipt showing top whom, rn Return Receip :showing to whom.
v Date,and Address of Delivery`t, — Date-and Address of Delivery
d
. TqTAL Postage and Fees ; S TOTAL?ostage and Fees
Postmark or Date Q ;Postmark or Date' '
j t.y .:.
..V.s.. J.- 0
LL
_ U7 i
S 1Q residing at. . ��
( being duly sworn, deposes and says that on, the day
of v,. , 19 _; deponent mailed a true copy of the Notice set forth on;the re-,
verse side her of, 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 curve ss4isment roll of the Town Qf Southold;that said Notices were mailed at the United States Post Of-
face ata'thole l 9 7 1 ; that said Notices were mailed to each of said persons by
ertified (qed) mail.
Sworn to before•me this
day of 19
Notary Public
(This side does not have' to be completed on form transmitted to adjoining
property owners . )
,14-16.4(2187)—Text 12 '-
PROJECT I.D.NUMBER 617.21 'l SE.QR
Appendix C I
State Environmental Quality Review i
f
SHORT ENVIRONMENTAL ASSESSMENT FORM '
For UNLISTED ACTIONS Only
PART 1—PROJECT INFORMATION (To be completed by Applicant or Project sponsor)
1. APPLICANT/SPONSOR 2. PROJECT NAME
Elsie D. Young accessary apartment
3. PROJECT LOCATION:
Municipality Southold county Suffolk
4. PRECISE LOCATION(Street address and road intersections,prominent landmarks,etc.,or provide map)
..480 GrissomLane (last house on right) !
5. IS PROPOSED ACTION:
❑New ❑Expansion Mod ificationlalterat[on
6. DESCRIBE PROJECT BRIEFLY:
convert attached two car garage into accessary apartment
7. AMOUNT OF LAND AFFECTED:
Initially 1 . 0 acres Ultimately 1 • 0 acres
i
8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? I
®Yes ❑No If No,describe briefly
- i
9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? I
50 Residential ❑Industrial ❑Commercial ❑Agriculture ❑Park/Forest/Open space ❑Other
Describe:
Sleepy Hollow Subdivision, Town of Southold
10. DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL, �.
STATE OR LOCAL)?
El Yes ERNo If yes, list agency(s)and permitlapprovals
11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL?
• ❑Yes ®No 1!yes,list agency name and permit/approval
12.' AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION?
❑Yes ❑No NA
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
Applicant/sponsor name: Date.
Signature: e�z�� ,y
i If the action is in the Coastal Area, and you are a state agency, complete the
Coastal Assessment Form before proceeding with this assessment
OVER
1
(Continued on reverse side)
The N.Y.S. Environmental Quality Review Act requires submission
of this form, and an environmental review will be made Ly this board
before any action is taken.
SHORT ENVIRONMENTAL ASSESSMENT FORM
INSTRUCTIONS:
(a) In order to answer the questions in this short EAF it is assumed
that the preparer will use currently available information concerning the
project and the likely impacts of the action. It is not expected that
additional studies, research or other investigations will be undertaken.
(b) If any question has been answered Yes the project may be sig-
nificant and completed Environmental Assessment Form is necessary.
(c) If all questions have been answered No it is likely that the
project is not significant.
'r
.(d) Environmental Assessment
1. Will project result in a large physical change
to the project site or physically alter more
than 10 acres of land? _Yes X NO
2. Will there be a major change to any unique or
unusual land form on the site? _Yes X No
3. Will project alter or have a large effect on
an existing body of water? _Yes X No
4. Will project have a potentially large impact on
groundwater quality? _Yes X No
5. Will project significantly effect drainage flow ,
on adjacent sites? Yes X No
6. Will project affect any threatened or endangered
plant or animal species? _Yes X No
7. Will project result in a major adverse effect on
air quality? _Yes X No
8. Will project have a major effect on visual char-
acter of the community or scenic views or vistas
known to be important to the community? _Yes X No
9. Will project adversely impact any site or struct-
ure of historic, pre-historic, or paleontological
importance or any site designated as a critical
environmental area by a local agency? _Yes X No
10. Will project have a major effect on existing or
future recreational opportunities? _Yes X No
11. Will project result in major traffic problems or
cause a major effect to existing transportation
systems? _Yes X No
12. Will project regularly cause objectionable odors,
noise, glare, vibration, or electrical disturb-
ance as a result of the project's operation? _Yes X No
13. will project have any impact on public health
or safety?
_Yes X No
14. Will project affect the existing community by
directly causing a growth in permanent popula-
tion of more than 5 percent over a one-year _Yes X No
period or have a major negative effect on the
character of the community- or neighborhood?
15. Is there public controversy concerning the _
project? _Yes X No
Preparer's Signature: (y Representing: Date:
ZBA y/75
FORM NO.4
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
Office of the Building Inspector
Town Hall
Southold, N.Y.
Certificate Of Occupancy
No. . Z1.3387. . . . April 23 85
Date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
THIS CERTIFIES that the building . . . . . .New ,Dwelling. . .
Location of Property 480 Grissom Lane Southold
(louse 11%. Street . . . . . . . . . . . . . . . . . . . . . . .Hamlet
County Tax Map No. 1000 Section . . .078. . . . . .Block . . .01. . . . . . . . . .Lot . .010..3. . . .
Subdivision . . Sleepx Hollow , , , .Filed Map No. 6351 , ,Lot No. :. 1. . : . . . . . . .
conforms substantially to the Application for Building Permit heretofore filed in this office dated
. . A.pril, 11. . . . , 19 83 pursuant to which Building Permit No. . . . 12301Z
dated . . . . . .ME!Y. . . . . .9. . . . . . . . . . . . 19 83: ,was issued, and conforms to all of th,, requirements
of the applicable provisions of the law. The occupancy for which this certificate is issued is . . . . . . . . .
New PrivateDwelling. . .
One Familx
The certificate is issued. to . . . . . . . . . . . . . . . . . ELSIE YOUNG
(owner,
of the aforesaid building.
Suffolk County Department of health Approval . . . . . . . . .13-50-28
UNDERWRITERS CERTIFICATE NO. . . . . . . . . . . . . . . . N624650, & N624652
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Building Inspector
Rev. 1/81
3
JBER�260 PACE 113 i
DECLARATION OF COVENANTS AND RESTRICTIONS j
This Declaration made the 27th day 01 June,"1977, by LEO ,
�r KWASNESKI. residing at (no number) North Parish Drive, Southold, New j
York, 11971, hereinafter referred to as "Declarant".
WITNESSETI-I :
WHEREA.S, LEO KWASNESKI is the owner in fee si.mple of certain
premises in the Town of Southold, County of Suffolk and State of New York,
ktnown and delignaLed on a certain -nap entitled "SLEEPY I[OLLOW+',. a �
Sllh ii.vision situate at Southold, 'Town of Southold, County of Suffolk and.
State of New )'ork, filed in the Office of the Clerk of the County of Suffolk i
Q as Map Number 6351 Abstract Number 8002, on February 4, 1976, and
WHEREAS, said LIO KWASNESKI is improving said premises as
a planned suburban residential community and contemplates the said premises
to be conveyed to individual purchasers; and
I
WlIEREAS, LLO KWASNESKI is desirous of placing certain restrictions
upon said px•ci-nises which shall be binding upon all purchasers and mortgagees
of individual lots, their heirs, executors, administrators and assigns or
'O other successors in interest;
NOW, TUEREFORE, LIDO KWASNESKI declares that the aforesaid land
- ) is held and shall be conveyed subject to the following covenants and restric-
tions:
�k I .
1. No building shall be erected, altered, placed or per:initted to re-
'0 „ai.n, other than one private dwelling for the use and r-ccupanc•y of one family
not to exceed two-storied in height, and a private garage for not more than
[ two cars. A one-story dwelling erected thereon, shall have a first floor
area of not .lass than twelve hundred (1, 200) square feet and a two-story
dwelling shall have a first floor area of not less than nine hundred (900)
Q square feet, not including porches, breezeways, carports or garages. All
garages must be attached to the dwelling. No structure shall be erected on
any lot until the building plans for it have been approved, in writing, by
tj the Declarants, said approval shall not be unreasonably withheld.
2. No mobile type homes or trailers shall be kept, used,. 'moved'or
allowed on said premises regardless of their size, with the exception of
I
boat trailers, which .may be kept in the rear of the premises.
3. No asbestos siding shall be used in the construction of any
> a dwelling or any other structure on any lot.
4. No fences or walls or similar structure shall be built or placed
'- upon any lot except that split rail fences or natural hedges nor more than
�-^ four feet in height are pr�rinitted. '
i
^ 5. No noxious or offensive activity shall be carr.ie.d on upon any lot, �
-� nor, shall. anyl'iing be done thereon which may be ormay become an annoy-
C ance or nuisance to the neighborhood. No horses or other farmyard type
animals are permitted.
.'�J.i .Y•.Jnd, .a .
v
NsER826.0-
PAcE 4
0
$ 6. The exterior of all buildings on the lot must be maintained in
good condition and repair so as not to become unsightly, the lawns must be
kept cut short, and the premises in general must be neat and tidy.
7. The Declarant reserves the sole right to grant franchise and
` consent for the installation and maintenance of any public utility in, over,
upon and across any of the streets in the development, including, without
limitation, the right to lay water and gas mains, erect pole lines for the
transmission of electric power and install other utilities in, over, upon and
itacross the said streets.
8. Each and every lot conveyed in the subdivision shall be subject
to an annual charge in such airiount as will be fixed by the Declarant, his
successor and assigns, not, however, exceeding in any year the sum of
ififty dollars ($50. 00) per lot. The assigns of the Declarant may include a
property owner's association which may hereafter be organized, and in case
Isuch association is organized, the sum provided for in this paragraph shall
i be payable to such association. The owner of any lot for himself, his heirs,
ifsuccessors and assigns, covenants that he will pay this charge to the Declar-
ant, his successors and assigns, on the first day of January in each and
Iit every year, and further covenants that said charge shall on said date in each
! year become a lien on the land and shall continue to be such lien until fully
paid. Such charge shall be payable to the Declarant or his successors and
f assigns, and shall be devoted to the maintenance of the roads, and such other
ipublic purposes as shall from time to time be determined by the Declarant,
his successors and/or assigns. And a party by the acceptance of a Deed,
i hereby expressly vests in the Declarant, his successors and assigns, the
1I right and power to bring all actions against the owner of the premises hereby
!� conveyed or any part thereof for the collection of said charge and to enforce
�f the aforesaid lien therefor.
9. The Declarant specifically reserves title to the streets, drainage
area and park and recreational area. The Declarant reserves the right to
dedicate all streets, roads, drainage areas and easements to the Town of
Southold for highway and drainage purposes. The Declarant also reserves.
the right to form a property owners association and deed title to the park and
recreational area over to the association, with each lot owner in the sub-
division being given membership in the association.
10. The Declarant, his successors or assigns, or property owners'
association of the aofresaid land, shall have the right to alter, modify or
annul any of the covenants, restrictions or conditions of this declaration and
shall also have the power to assign such rights (with or without a conveyance
of any title to any part of the aforesaid land) by an instrument in recordable
form. Should the Declarant at any time assign such right, assignees thereof
shall succeed to all the rights and powers of the Declarant hereunder.
Declarant reserves the right to convey park to the property owners'
association.
II 11. Failure by the Declarant, his successors or assigns, or any
owner, to enforce any of the provisions herein shall in no event be deemed
�I -2-
I
' a waiver of the right to do so thereafter. Invalidation of any one of these
!I covenants by judgment or Court order in no way affects any of the other
�i provisions which shall remain in full force and effect.
12. Every lot owner of said premises, or any portion thereof,
by the acceptance of the Deed thereto, acknowledges that a certain
Certificate of. Correction was prepared by the Declarant's engineer,
Roderick Van Tuyl, a licensed Land Surveyor, dated June 27th.., 1977,
IIwhich Certificate .of Correction has been filed with the Suffolk County
i Clerk's Office, snaking corrections to the filed map No. 6351. In effect,
I said corrections re-define the southeasterly portion of the highway
known as "Sleepy Hollow Lane" and the bearings and distances defining
ithe southwesterly and southeasterly lines of Lot No. 14. A copy of the
corrected portion of the map is annexed hereto and made a part hereof.
As noted on said map, a certain portion of Sleepy Hollow Lane will not
be filled so as not to adversely affect wetlands. Every lot owner in
said subdivision, by the acceptance of a Deed thereto, hereby agrees
and consents to the changes made in said Certificate of Correction and
annexed snap, and agree% to sign and execute all documents, certificates,
and consents, which magl�equired to further effectuate the changes as
set forth in said Certificate of Correction and annexed map, including an
Abandonment Proceeding.
i
13.. These Covenants and Restrictions shall run with the land
hereby conveyed and shall bind and inure to the benefit of the said party,
his heirs, administrators and assigns until January 1, 1990, and said
itCovenants and Restrictions may be enforced by actionf or damages or
injunctions or both until the first day of January, 1990.
i� IN WITNESS WIIEMEOF, the Declarant has executed the foregoing
Declaration the day and year first above written. .
LE-6 KWASNESKI
STATE OF NEW YORK)
SS:
COUNTY OF SgUFFOLK)
On the L.. ? day of� 1977, before me personallXand
came
LEO KWASNESKI, to me known to be the individ . .scr'bed
who executed the foregoing instrument, and ac owle ge uted
same.
Nota u lic
Gary Flanner 0lsen
Notary Public , State of New. York
No . 52-2959600
Qualified in Suffolk County
Term Expires March 30 , 1979
LIBE•R 82GO 'PAGE 116 _
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