HomeMy WebLinkAbout2254Main Road S~pt. 17, 1959
D~NiEQ permission_go _r~du_co_ front_yard__setback
~o~th side North .Road..,_. Sou~t~l_d
o TOWN OF SOUTH OLD. NEW YOR~
APPEAL FROM DECISION OF BUILDING INSPECTOR
APPEAL NO. :; .2S'L/
DATE .. .1!l.-::lM:::.7..}....
TOTHE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
1, (We) Nicholas. Vi.. .l.ppolito. ..... ................... of .. 3.9..Gehring..Str.eet....Commack... No..Y..
. Nome of Appellant Street and Number
.G.Qmm.~~~.... ......... .... ... ..... ....... .... ..... ..... ............... ............
Municipality
..Ne:W..York......HEREBY APPEAL TO
State
:::L::A~;:: BF~:':~:,:'::LSF:OM~.~E..OEC'~'O~A:O ~E.~A~li1:0'.ON
WHEREBY THE BUILDING INSPECTOR DENIED TO.
Nicho.la.s. Vi.. .Ippolito....... ........ ..... .... ..... .... .......
. Name of' Applicant for permit
of
3.9.. Gehriog..8tr.e et. .................... ..CO:m.mack....... ........ .... .New..~o;r;'k ............
Street and Number Municipality State
PERMIT TO USE
PERMIT FOR OCCUPANCY
(x) VARIANCE
. . . . . agJ;:lc1.1.1tural-Residential
1. LOCATION OF THE PROPERTY Nor:th..Road.and..Car.ole..RQll,Q....ar.ana:tn.umaqu..e./.......
. . Street Use District on Zoning Map
.................................................................................
Mop No.
Lot No.
2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.)
Article III Section 100-30; Art;"l" V f':""tion lnn-fin ami "Rnlk ~"h"r11l1".. in hoth instancec
3. TYPE OF APPEAL Appeal is made herewith for
(X) A VARIANCE to the Zoning Ordinance or Zoning Map
( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws
Art. 16 See. 280A Subsection 3
4. PREVIOUS APPEAL A previous appeal :Xbmk(has not) been made with respect to this decision
of the Building Inspector or with respect to this property.
Such appeal was ( ) request far a special permit
) request for a variance
and was made in Appeal No. ................................Dated ......................................................................
REASON FOR APPEAL
( ) A Variance to Section 280A Subsection 3
(x) A Variance to the Zoning Ordinance
( )
is requested for the reason that
Form ZBl
(Continue on other side)
REASON FOR APPEAL
d
Continued
o
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP because the subject premises was zoned light business and used for
motel purposes and has now been rezoned to agricultural-residential, and accord-
ingly the present motel use is on a "non-conforming basis". Applicant seeks to
divide the subject premises into three parcels with Parcel Number 1 containing
a 12 unit motel and parking and having a total area of 24,000 square feet, more
or less; Parcel Number 2 contains a 4 unit building and would have a total area
of approximately 11, 000 square feet; and Parcel Number 3 contains a 2 unit
building and would have a total area of approximately 16,000 square feet. All
of the buildings above referred to are presently on the premises and accordingly
the Variance would not increase the density. The applicant has a purchaser for
Parcel Number I, but th,e purchaser does not wish to pruchase Parcel Number
2 or 3. Accordingly, there is an economic hardship to the applicant, and the
property would be more readily marketable if the Variance were granted. Again it
is respectfully submitted that this is an existing, non-conforIDlng situation with ex-
isting buildings and the density would not be increased by the granting of the Variance.
2. The hardship created is UNIQUE and is not shored by 011 properties alike in the immediate
vicinity of this property and in this use district because this a non-conforming situation, which
was\zoned light business and is now zoned A.residential. The granting of the Variance
would not increase the density due to the fact that the buildings are existing.
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because the density would not be increased since the build-
ings are existing, and this is a non-conforming situation.
Nicholas W. .rPQ
By: / /
/
/
STATE OF NEW YORK }
)
COUNTY OF SUFFOLK}
ss
p //,/.4
~<c..........t7""''''''''''''''''''''''''''''''
../' Signature
. Gary F,mMer Olsen, Attorney
..........Mar.ch............................ 1977.
Sworn to this ...........9tl1................IF~.~.~d:y_:L
~e..~
.... .~I,ry.~~i~r~~Q~~~~~... ................. .... ....
Qu /. . 1.~304'IO
Term q Ifled in Suffolk ('
Expires March 30.a~;,
,
o
o
LEGAL NOTICE
Notice of Hearings
Pursuant to Section 267 of the Town Law and the provisions
of the Amended Building Zone Ordinance of the Town of Southold,
New York, public hearings will be held by the Zoning Board of
Appeals at the Town Office, Main Road, Southold, New York on
Thursday, April 21, 1977, on the following appeals:
7:30 P.M. (E.S.T.) - Decision upon application
W. Ippolito for a variance to divide property with existing
buildings, south side North Road (CR27), Southold, New York.
7:50 P.M. (E.S.T.) - Resumed hearing upon application of
Agway Petroleum Corp., P.O. Box 705, Pulaski Street, Riverhead,
New York for a special exception in accordance with the Zoning
Ordinance, Article VII, Section 100-70 B (4) for permission to
operate a self-service gasoline station. Location of property:
west side Youngs Avenue, Southold, New York, bounded on the
north by G. Miner and George Ahlers & others; east by Youngs
Avenue; south by Goldsmith & Tuthill and Long Island Railroad;
west by George Ahlers & others.
8:30 P.M. (E.S.T.) upon application of Walter F. and
Flora S. Luce, 505 Skunk Lane, Cutchogue, New York for a varianc
in accordance with the Zoning Ordinance, Article XI, Section
100~118 E for permission to enlarge an existing, non-conforming
building. Location of property: South side Main Road (Route 25),
Cutchogue, New York, bounded on the north by Route 25; east by
V. Cierach; south by North Fork Bank & Trust Co.; west by North
Fork Bank & Trust Co.
8:40 P.M. (E.S.T.) upon application of Ellis and Helen
Hyers, 308 Forsythe Avenue, North Linderhurst, New York for a
variance in accordance with the Zoning Ordinance, Article III,
Section 100-30 and Bulk Schedule for permission to divide prop~
erty with insufficient width and area. Location of property:
South side Oak Drive, Cutchogue, New York, bounded on the north
by Oak Drive; east by R. Langemyr; south by Thomsen and Belz;
West by R. Slavin.
o
o
LEGAL NOTICE
Notice of Hearings
Pursuant to Section 267 of the Town Law and the provisions
of the Amended Building Zone Ordinance of the Town of Southold,
New York, public hearings will be held by the Zoning Board of
Appeals at the Town Office, Main Road, Southold, New York on
Thursday, March 31, 1977, on the following appeals:
7:30 P.M. (E.S.T.) upon application of Gordon K. Ahlers,
P.E. alc Jack J. Levin, North Road, Greenport, New York for
a variance in accordance with the Zoning Ordinance, Article III,
Section 100-30 for permission to make an accessory business use
of Residential-Agricultural land (parking and Sewage disposal.)
Location of property: South side North Road (CR27), Greenport,
New York, bounded on the north by CR27; east by Doucett,
DeSanctis, and Chapel Lane; south by LILCO, Ciacia Est. and
Rempe; west by now or formerly Geduldig and Sledjeski.
8:00 P.M. (E.S.T.) upon application of Nicholas W. Ippolit
39 Gehring Street, Commack, New York (Gary Olsen, Esq.) for a
variance in accordance with the Zoning Ordinance, Article III,
Section 100-30; Article V, Section 100-50, and Bulk Schedule
for permission to divide property with existing buildings.
Location of property: South side North Road (CR27), Southold,
New York, bounded on the north by CR27; east by Hass and Carole
Road (Pvt. Rd.); south by Mill Creek; west by now or formerly
Dover Navigation Corp.
8:15 P.M. (E.S.T.) upon application of Leander B. Glover,
Jr., Cox Lane, Cutchogue, New York (Richard Lark, Esq.) for
a variance in accordance with the Zoning Ordinance, Article III
Section 100-30 and Bulk Schedule for permission to divide
property with insufficient width. Location of property: east
side Cox Lane, Cutchogue, New York, bounded on the north by
now or formerly Pirrone; east by other land of applicant;
south by other land of applicant; west by Cox Lane.
LEGAL NOTICE
Notice of Hearings
Pursuant to ~tion 'lEI of the
Town Law and1he provisions of
the Amended Building Zone
Ordinance of the Town of
Southold, New Y~rk, puhlic
hearin~ will hel' by the
Zonin~. "B oa rd of.......1s at the
Town~Office, .~. Road,
SouthOl4 New Yori( Thursday,
May .1977, OR~ following
peals,.- 1"1';' .
7:30 . . ..fE.D.' -Decision
upon a~cation' . icholas W.
Ippolito fell'S'" vou1l/il.' ce to divide'
property . l!JII$ng buildings,
south side,. orth Road (CR27) ,
Southold, M\w Yj!Fk.
7:45 P.MAE.B.S.T.)-Decision
UDOll appliclltion of Spencer W.
Petty, III, for a variance to
divide propl,rty, west side Track
Avenue, Cutchogue, New York.
8:00 P.M. (E.D.S.T.) upon
application of Dr. Newton
Faulkner, Nassau Point Road,
Cutchogue, New York for a
variance in accordance with the
Zoning Ordinance, Article III,
Section 100-32 for permission to
construct accessory building in
front yard area. Location of
property: Nassau Point Road and
Vanston Road, Cutchogue, New
York; Lot No. 177 and No. 178,
Nassau Point Properties.
8:10 P.M. (E.D.S.T.) upon
application of Paul and Margaret
Kayser, 1206 Main Street,
Greenport, New York for a
variance in accordance with the
Zoning Ordinance, Article III,
Section 100-30 and 100-31 B for
pemlission to convert existing
building into two-family
dwelling. Location of property:
East side Main Street, Green-
port, New York, bounded on the
north by Grand Union Co.; east
by A. Bonkoski; south by
DeRubio & others; west by Main
Street.
8:20 P.M. (E.D.S.T.) upon
application of Frank & Vera
Scott, West View Drive, Mat-
tituck, New York (Abigail
Wickham, Esq.) for a variance in
accordance with the Zoning
Ordinance, Article III, Section
100-30 and Bulk Schedule for
permission to divide property
with insufficient width and area.
Location of property: Northwest
side of West View Drive, Mat-
tittuck, New York, bounded on
the north by Anchorage; east by
VIew Drive and A. 'BOscOmb:
west by Mattiluck Creek. '
8:30 P.M. (E.D.S.T.) Upon
applicatIOn of Rohert & Virginia
Kroepel, 2360 Oaklawn Avenue
SouthOld~ New York for ~
va~ance In accordance with the i
Zonmg Ordinance, Article III,
Section 100-35 for permiSSion to
construct tennis court with f
ex d" eoce
cee mg maximum height.
LocatIon of property: West side
OakJawn Avenue, Southold New
York, bounded on the nortl, by
Southold School District and L.
Baker; east by J. Graves; south
by Jockey Creek Drive; west by
H. Arm.
8:~0 P.M. (E.D.S.T.) Upon
applicalIon of William B. Smith
a-c- RV. Gehlmeyer, 220
Mechamc Street, Southold, New
York for a special exception in
acc?rdance with the. Zoning
OrdInance, Article VI, Section
10lHl0 C (b) for permission to
pl~cr: SIde wall sign on existing
bwldmg. Location of property'
South side Middle Road (CR 27)'
Southold, New York, bounded o~
the north. by CR27; east by
in
rk
Barzac, south by Bucci; west by
Klein.
8:50 P.M. (E.D.S.T.) upon
application of Dominic J.
Catalano, 28 Joval Court,
Brooklyn, New York for a
variance in accordance with the
Zoning Ordinance, Article III,
Section 100-31 & Bulk Schedule
for permission to divide property
with insufficient width and area.
Location of property: Bay View
Avenue and North Drive, Mat-
tituck, New York; Lots 19
through 22 ., Shore Acres.
9:00 P.M. (E.D.S.T.) upon
application of Elizabeth Yaro.
P.O. Box 1221, Minnehaha
HOulevard, Southold, New York
for a variance in accordance with
the Zoning Ordinance, Article III,
Section 100-30 and Bulk Schedule
for permission to divide property
with insufficient width and area.
Location of property: Minnehaha
Boulevard, Southold, New York,
bounded on the north by Min-
nehaha Boulevard; east by
Laughing Water Property
Owners Association; south hy
Corey Creek; west by G. Moyle.
9:10 P.M. (E.D.S.T.) upon
application of Constantine
Vloutely, 605 Maple Lane,
Mallituck, New York for a
variance in accordance with the
Zoning Ordinance, Article III,
Section 100-32 for permission to
construct tower exceeding
maximum height. Location of
property: Maple Lane, Mat-
liluck, New York, bounded on the
north by Peconic Homes Sub-
division; east by R. Brooks;
south by Maple Lane; west by
Krupski.
9:20 P.M. (E.D.S.T.) upon
application of Leslie Hart, Hart
Hardware. Inc., Main Road.
Southold, New York for a
variance in accordance with the
Zoning ordinance, Article III,
Section 10lHl0 and Bulk Schedule
for permission to divide property
with insufficient width and area.
Location of property: Main Road
and Jockey Creek Drive,
Southold, New York, bounded on
the north by Jockey Creek Drive;
east by Ellis Terry; south by
Jockey Creek and Ulrich; west
by Main Road.
9:30 P.M. (E.D.S.T.) upon
application of Henry Stelzer &
wife, Main Road, Peconic, New
York for a variance in ac-
cordance with the Zoning Or-
dinance, Article III, Section 100-
30 and Bulk Schedule for per-
mission to set off lot with in-
sufficient width and area.
Location of property: North side
Main Road. Peconic, New York,
bounded on the north by A.
Stelzer and M. Harris; 'east by
Pilles; south by Main Road; west
by F. Stelzer.
9:40 P.M. (E.D.S.T.) upon
application of Joseph" Van-
dernoth, Osprey Nest Road,
..... . ---..... -------'7 -al--.....- Yvrk for a
va~ance lD .accordance with the
Zonmg OrdInance, Article III
Section 100-30 and Bulk Schedul '
f?r. pe~i~ion to constnJct ad~
dlbon With lDsufficient side-yard
setback. Location of property.
Osprey Nest Road Greenport'
Ne:" York; Lot No: 18, Cleav";
Pomt Subdivision, Section 1.
9:~0 P.M. (E.D.S.T.) Upon
applicalJon of Ralph W. EllwOOd
Oyster Ponds Lane and M . '
R dO' am
~. ~ent, New York for a
va~ance ID accordance with the
Zonmg Ordinance, Article VI,
Section 10lHl0 for permission to
con.struct dwelling unit on
busmess building. Location of
property: Main Road Orient
New York, bounded on ihe north
by Main Road; east by Oyster
Ponds Lane; south by L. Zar-
zeskI; west by G. Moon.
10:00 . P.M. (E.D.S.T.) upon
ap~hcahon of Isaac Edwards
MamRoad, Orient, New York fo;
a v~rIance in accordance with the
ZODl~g Ordinance, Article III,
SectIOn 100-35 for permission to
cons.truet fence exceeding
maxImwn height. Location of
e
f
n
d
).
al
property: East side Rocky Point
Road, East Marion, New York,
bounded on the north by Yanas;
east by Howell; south by Muir;
west by Rocky Point Road.
10:15 P.M. (E.D.8.T.l upon
application of Frank Vanecek, c-
o Frederick J. Tedeschi, Esq., 403
Main Street, Greenport, New
York for a special exception in
accordance with the Zoning
Ordinance, Article III, Section
100-30 B (9) for permission to
amend marina permit to include
the sale of gasoline. Location of
property: East side of Narrow
River Road, Orient, New York,
bounded on the north by Hughes
& others; east by Hallock Bay;
south by Plain Land Realty; west
by Narrow River Road.
Any person desiring to he heard
on the above appeals should
appear at the time and place
above specified.
Dated: April 29, 1977
BY ORDER OF
THESOUTHOLD ,............ weeks
TOWN BOARD th
OF APPEAl r ....................
ITM5--2696 ~--.f!.
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--~\. ,,("'v "l".: t)');~(~,.;'1; "odt:
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NOTARY PUBL~L,.;,.,. i~:'''k County
n~'::;id:ing m ~~ \06006685 Z' y
elk.. No: r.:l-M""ch:m, 19.....
commission E-rnr~
being duly Sworn.
r of the SUFFOLK
t Greenport. in said
mnexed is a printed
ffolk Week~ Times
LEGAL NOTICE
Notice of Hearings
PUrsuant to Section 2b7 of the
Town Law 'and .iM nrovisions of
the Amended Building Zone Ordi-
nance of the Town of Southold.
New York. public hearings will be
held by the Zoning BOard of
Appeals at the Town Office. Main
Road. Southold. New York on
Thursday. May 12. 1977. on the
following appeals:
f. 7:30 P.M. (E.I>.S.T.) - Decision
upon application of Nicholas W.
Ippolito for a variance to divide
property with existing buildings.
south side North Road (CR27)
Southold. New York.
. 7:45 P.M. (E.D.S.T.) - Decision
upon application of Spencer W.
Petty. III. for a variaoeeto divide
property. west side Track Ave-
nue. Cutchogue. New York.
8:00 'P.M. (E.D.S.T.) upon
application of Dr. ,Newton Faulk-
ner. Nassau Point Road. Cutch-
ague. New Yark for a' variance in
accordance with the Zoning Ordi-
nance. Article III. S~ction 100-32
for permission to construct acces-
sor~' building in front yard area.
Location of property; Nassau
Point Road and Vanston Road.
Cutchogu('. New York.: Lot #177
and #178. Nassau Point Proper-
ties.
8:10 P.M. (E.D.S.T.) upon
application of Paul and Margaret
Kayser. 1206 Main Street, Green-
port, New York for a variance in
accordance with the Zoning Ordi-
nance, Article W, Section 100-30
and 100-31 B for perlRission to
convert existing building into
two-family dwelling. Location of
property: East side Maln Street,
Greenport. New York, bounded
on the north by Grand Union Co.;
east by A. Bonkoski, south by
DeRubio & others, west by Main
Street.
8:20 P.M. (E.D.S.T.) uPOn
application of Frank & Vera Scott,
West View Drive, Mattituck. New
York (Abigail Wickham, Esq.) for
a variance in accordance with the
Zoning Ordinance, Article III,
Section 100-30 and Bulk Schedule
for pertnission to divide property
with insufficient' width and area.
Location of property: .Northwest
side of West View Drive, Matti-
tuck. New York, bounded on the
north by Anchorage, east by
Woodcliff Drive, south by West
View Drive and A. Boscomb; west
by Mattitu~k C' ek.
8:30 P.M~ (E.P.S. T.) upon
applicatio of Robert & Virginia
Kroepel. 2360 Oaklawn Avenue,
Southold. New York for a variance
in accordance with the Zoning
Ordinance. Article III. Section
COUNTY OF SUFFOLK
STATE OF NEW YORK
ss'
Sherley Katz, being duly sworn, says that she is an
Editor of THE LONG ISLAND TRAVELER-WATCHMAN,
,
a public newspaper printed at Sout'lo'd, in Suffolk County;
ond that the notice of which the annexed is a printed copy,
has been published in said Long Island Traveler-Watch-
man once each week for ............/.......................... weeks
/'
juccessively, commencing on the ....5.................................
day of {tJr:1I... ........ ....., 19.T}
U .
.. .. :;-6?1;I~c/....~/!:................
Sworn to before me this .......~.............
JmlV-............, 19~J7
.-)
~..' /I .
........ C. ,:(L.!. .......!. .C,_~.~.. c7'?1-. ~.""':=::
- Notary Public
day OT
ETHEL PAllADINO
NOTARY PUBUC, Slata of New York
~o. 52-4628953
QuoM,ed in 5uff Ik C
Commission E _ 0 ounty
xPJres Morch 3D, 1978
LEGAL NOTICE
Notice of Hearings
Pursuant to Section 267 of the
Town Law and the provisions of
the Amended Building Zone Ordi-
nance of the Town of 'Southold.
New York, public hearings will be
held by the Zoning Board of
Appeals at the Town Office, Main
Road. Southold, New York on
Thursday, March 31, 1977, on the
following appeals:
7:30 P.M. (E.S.T.) upon appli-
cation of Gordon K. Ahlers, P. E.
ale Jack J. Levin. North Road.
Greenport. New York for a var-
iance in accordance with the
Zoning Ordinance. Article Ill,
Section 100-30 for permission to
make an accessory business use
of Residential-Agricultural land
(parking and sewage disposal.)
Location of property: South side
North Road (CR27), Greenport,
New York, bounded on the north
by CR27; east by Doucett, De.
Sanctis, and Chapel Lane; south
by L1LCO, Ciacia Est. and Rem-
pe; west by now or formerly
Geduldig and Sledjeski.
8:00 P.M. (E.S.T.) upon ap 1-
cation of Nicholas W. Ippolito, 39
Gehring Street. Commack, New
York (Gary Olsen, Esq.) for a
variance in accordance with the
Zoning Ordinance, Article III,
Section 100-30; Article V, Section
100-50, and Bulk Schedule for
permission to divide property
with,existing buildings. Location
of property: South side Nort
Road (CR27), Southold, Ne
York, bounded on the north by
CR27; east by Hass and Carole
Road (Pvt. Rd.); south by Mill
Creek; west by now or formerly
over Navigation Corp.
8:15 P.M. (E.S.T.) upon appli-
cation of Leander B. Glover, Jr.,
Cox Lane, Cutchogue, New York
(Richard Lark, Esq.) for a vari-
ance in accordance with the
Zoning Ordinance, Article III,
Section 100-30 and Bulk Schedule
for permission to divide property
with insufficient width. Location
of property: east side Cox Lane,
Cutchogue, New York, bounded
on the north by now or formerly
Pirrone; east by. oth~r land of
applicant; south by other land of
applicant; west by Cox Lane.
8:30 P.M. (E.S.T.) upon appli-
cation of Warren Waldvogel al c
Carl and Mary Boergesson, Hia-
watha's Path, Southold, New
York for a variance in accordance
with the Zoning Ordinance, Art-
icle Ill, Section 100-30 and Bulk
Schedule for permission to con-
struct additional dwelling on
single lot. Location of property:
West side Hiawatha's Path,
Southold. New York, bounded on
the north by Alesci; east by
Hiawatha's Path; south by Nako-
mis Road; west by Burkhardt.
Any person desiring to be
heard on the above appeals
should appear at the time and
place above specified.
Dated: March 18, 1977
BY ORDER OF
THE SOUTHOLD TOWN
BOARD OF APPEALS
1T-3/24
COUNTY OF SUFFOLK
5 i-ATE OF NEW YORK
l 5S.
I
Sherley Katz, being duly sworn, says that she is an
Editor, of THE LONG ISLAND TRAVELER-WATCHMAN
,
a public newspaper printed at Southold, in Suffolk County;
ond that the notice of which the annexed is a printed copy,
has been published in said Long .Island Traveler-Watch-
man once each week for .........../........................... weeks
successively, commencing on the ........;//...........................
d f "/(,..1 ~) 19 '.' -I'
ay 0 ...........(...-:.~......:................., ...t.. ..
.....7 ./~.........~...._. ......!~1'
/~ '\:::1"..................
S;worn to before me this ....,)..).............. day aT
U!t.^/ ',-,
.. ... ......... ................., 19...1..1..
...................~-f.?2{;~~:.:........._..
/' Notary PubUc .
ETHEL P/I.llADJNO
I'.:CTARY r-:UL:UC, State of New York
t'~o. ~2-':-)29953
CucMicd in Suffolk C
Co '. , ounty
mrrdS~lon ExpIres March 30, 1978
.\
LEGAL NOTICE
Notice of Hearings
Pursuant to Section 267 of the
Town Law and the provisions of
the Amended Building Zone
Ordinance of the Town of
Southold, New York, public
hearings will be held by the
Zoning Board of Appeals at the
Town Office, Main Road,
Southold, New York, on Thur-
sday, March 31, Hm, on the
following appeals:
7:30 P.M. (E.S.T.) upon ap-
plication of Gordon K. Ahlers,
P.E. a-c Jack J. Levin, North
Road, Greenport, New York for a
variance in accordance with the
Zoning Ordinance, Article 111,
Section 100-30 for permission to
make an accessory business use
of Residential-Agricultural land
(parking and sewage disposal.)
Location of property: South side
North Road (CR27), G:reenport,
New York, bounded on the north
by CR27; east bjI;>: Deucett,
DeSanctis, and Chapel Lane;
south by LILCO, Ciacia Est. and
Rempe; west by now or formerly
Geduldig and Sledjeski.
~8:oo P.M. (E.S.T.) upon ap-
\ lication of Nicllolall W. Ippolito,
. Gehring Street, -,Cammack,
New York (Gary Olsen, Esq.) for
a variance in accordance with the \
Zoning Ordinance, Article 111,
'Section 100-30; Article V, Section \
100-50, and Bulk Schedule for
permission to divide property
with existing buildings. Location i
of property: South side North!
'Road (CR27), Southold, New \
York, bounded on the north by!
CR27; east by Hass and Carole!
. Road (Pvt. Rd.); south by Mill
Creek; west by now or formerl~
\ Dover Navigation Corp. .
8:15 P.M. (E.s.T.) upon ap-
plication of Leander B. Glover,
Jr., Cox Lane, Cutchogue, New
York <Richard Lark, Esq.) for a
variance in accordance with the
Zoning Ordinance, Article 111,
Section 100-30 and Bulk Schedule
for permission to divide property
with insufficient width. Location
of property: east side Cox Lane,
Cutchogue, New York, bounded
on the north by now or formerly
Pirrone; east by other land of
applicant; south by other land of
applicant; west by Cox Lane.
8:30 P.M. (E.S.T.) upon ap-
plication of Warren Waldvogel a-
c Carl and Mary Boergesson,
Hiawatha's Path, Southold, New
York for a variance in ac-
cordance with the Zoning Or-
dinance, Article III, Section 100-
30 and Bulk Schedule for per-
mission to construct additional
dwelling on single lot. Location of
property: West side Hiawatha's
Path, Southold, New York,
bounded on the north by Alesci;
east by Hiawatha's Path; south
by Nakomis Road; west by
Burkhardt.
Any person desiring to be heard
on the above appeals should
appear at the time and place
above specified.
Dated: March 18, 1!177
BY ORDER OF
THE SOUTHOLD TOWN
BOARD OF APPEALS
COUNTY OF SUFFOLK.
STATE OF NEW YORK.
1
f ss;
J
Stuart C. Dorman
. . . . . . .. .. - . . . . . . . . . . . .. -............. being duly Sworn.
he
says that ....... is Printer and Publisher of the SUFFOLK
WEEKLY TIMES. a newspaper published at Greenport. in said
county; and that thE" notia:. of which the annexed. is a printed
copy. has been published in the said Suffolk Weekly Times
. one (1)
once In E"oeh week, for . . ......................... weeks
successiveoly oommencing on the .... j:y>!~J;l:ty.:-f.C!vr.t:1:. . . . .
day of .. Ma:rc;:~.. . .. .. ... .. 19? ~ .
Sworn to
day of ..
.. . .-.. -' . ./: . ~ i . 0- . .'-=.--::. . ~~'-:---.'-: : . . . . . . . . . . . . . . . .
~~~ me this ...-?:f.... 1
/1/4...01.-.... 19..7.l 1
....... ."1~i ;i?:J7;';J;
w.:
~ - '~( ).
Co!nIi.is,;;.;.cn:~ 'Iir~" 1 :_l;(J:'~i~ 3..
,;,.73'
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FORM NO. 3
.
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N. Y.
NOTICE OF DISAPPROVAL
FII. ~:::;i9D::;::;x::Do;:'i),~'Jr;~m, 14L
To .~~[L",,'r.J............................................. - f ~~ J S-A
.............:}1.{."./.:(.j...,L.................................... &~--^~ , . It--
................................................................................ "3//1 ?/
PLEASE T~~T@fi_.~~url@pkotWd6tfi:l (.K!.!!'.1'..l...........................S'/'S..., )Y(':-1:1,
forW~t.Qto constl(,c',;..)...7................................at ~--A'J~,,)IJcotei:l ot ....................................
.............................+.............................)~treet y:
Mop .................................... Block ............................................ Lot ................................................ is
~ ~ere'tt:tdtppr'Ge~J! H~f~~~Wjng,~nd~:-2....~.J.....~...
................1...........................................................'If...............................................................................
.::::::0..~:!!!::::~:~:::?f?:::~:::~:~~::::::::::t::?}y?/~::::F:.~:.1!?.:~:::::::::::::::::::::
~)r'~ r Z')" .
............d:~iidi~g..i~~~~~t~~........ ......
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JUDITH T. TERRY
T OWN CLERK
REGISTRAR OF VITAL STATISTICS
TELEPHONE
765-3783
Southold, L. I., N. Y. 11971
To:
March 14, 1977
Southold Town Zoning Board of Appeals
Judith T. Terry, Town Clerk
Application of Nicholas Ippolito for a variance-Appeal No. 2254
I have on file in my office notification by certified mail
From:
Re:
to:
Nassau
Helmut
Steamship Agency, Inc., 100 Franklin Ave.,
Haas, Box 1115, Peconic, N.Y.
~~y~
Town Clerk
Garden City,N.Y.
JTT,km
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TOWN CLERK
Building Dept.
Planning Bd.
Board of Appaals
765-3783
765-2660
TOWN OF SOUTHOLD
TOWN CLERK'S OFFICE
Main Road
Southold, N. Y. 11971
Pursuant to the General Municipal Law, Chapter 24, of the Consolidated laws, Article 12-B, Sections 239-1 and m,
the. . . . ~.Q~~~. .Q~ . ~pP.E!l!o;L~. . . . . . . . . . . . . . of the town of. . . . !3~~~J:I.!).1.4. . . . . . . . . . . . . . . .
(agency involved)
hereby refers the following proposed zoning action to the Suffolk County Planning Commission:
(check one)
New and recodified zoning ordinance
Nicholas W. Ippolito
39 Gehring Street
Commack, NY
Amendment to the zoning ordinance
Zoning changes
Special permits
.....~........
Variances
Location of affected land: .... .$.I.$.. .~~;J;.~~.. .~.l!l:4... .(!;:.~~.7.l..f.. .~.l?~.t,~!?+.4.f.. .~.~~.. J!?;:~.!...................
within 500 feet of: (check one or more)
Town or village boundary line, or shore IiFle
x
................
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
Comments: At the request of one of the adjacent property owners, the
Eoard postponed decision on this case. However, they feel that it
should be granted, subject to the condition that the buildings cannot
be used as year-round family dwelling units due to the density.
Date: ..l\.P.;I;U....:J..,...J.~.7.7..............
(~ig~~dj .... . Robert "w:"'CiiiiiElpi"e .;. ..Jr.:.... ...
Chairman
................................................................................
Title
Date received by Suffolk County Planning Commission
....................................................................................
File No. ................................
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FREDERICK J. TEDESCHI
';Ii
ATTORNEY AT LAW
403 MAIN STREET
GREENPORT. NEW YORK 11944
TEL.EPHONE 516-477.2046
I,",
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April 22, 1977
Mr. Robert W.
Chairman
Zoning Board
Main Road
East Marion,
Gillispie, Jr.
of Appeals
New York 11939
Re: Appeal No. 2254
Application of Nicholas W. Ippolito
Dear Mr. Gillispie:
I enclose herewith five (5) copies of my Memorandum in
Opposition to the Application of Nicholas W. Ippolito.
(J
In accordance with your suggestion at the Hearing last
evening, I shall be happy to meet with you and the Town
Attorney to discuss the matter. If you will please call me
at your convenience we can arrange a suitable time.
Thank you for your courtesies.
Very truly yours,
("
Frederick J
/
Enclosures
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MEMORANDUM IN OPPOSITION TO THE APPLICATION OF NICHOLAS W. IPPOLITO
UNDER APPEAL NO. 2254
This memorandum in opposition is submitted by:
Frederick J. Tedeschi
403 Main Street
Greenport, New York 11944
Attorney for the following adjoining property ownwrs:
vi.
/3.
2.
Fred R. Bruch
and
Barbara E. Bruch
Joseph Smulcheski
and
Amelia Smulcheski
Fred Hribok
and
Amelia Hribok
Mannfred Kerner
Edwin Stewart
and
Marie Stewart
4.
5.
POINT I
urisdictionall
no no ce as re
ou 0 .
in that the ob ectants
ec on - 0 nin
Section 100-125A aforesaid reads as follows:
"A. In Al-l cases where the Board of Appeals is required to
hold a pUO~1c hearinf' in addition to the notice of such
hearing required by aw, JJ WT'itten notice containing the
following information shAll be sent by the person petition-
ing such Board, or hiS-agent, by either certified or
registered mail to every owner of property immediately ad-
jacent thereto. In me event that any petitioner owns or
has any interest in any property immediately adjacent to
the property which is the subject of such petition, then
written notice shall also be given to the owners of the
property adjacent to such other property of the petitioner.
For the purpose of this section, the words "owner" or
't>roperty owner" means the owner as shown on the current
assessment roll of the Town of Southold. The notice re-
quired by this section shall be mailed by the petitioner,
or his agent, within five (5) days preceding the filing of
the petition in the Town Clerk's office. Proof of mailing
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of such notices in the foxm of a sworn statement shall
be filed with the Town Clerk at the time of filing of
the petition. Such notice shall contain the following
infoxmation:
(1) A statement that the petitioner proposes to apply to
the Board of Appeals of the Town of Southold for a
variance, special exception, special pexmit or other
specified relief, as the case may be.
(2) A description sufficient to identify the property
which is the subject of the petition.
The zone district classification of such property.
A detailed statement of the relief sought by the
petitioner.
The provisions of the zoning law applicable to the
relief sought by the petitioner.
A statement that within five (5) days such petition
will be filed in the Southold Town Clerk's office,
Main Road, Southold, New York, and may then be
examined during regular office hours.
A statement that a public hearing with respect to such
petition must be held by the Board of Appaals of the
Town of Southold before the relief sought can be granteq
that the person to whom the notice is addressed, or his
representative, has the right to appear and be heard at
such hearing; and that a notice of such hearing will be
published in the official town newspaper not less than
five (5) days prior to such public hearing. "
None of the objectants herein received written notice of the
hearing nor have any of them executed verified waivers of notice.
There is no proof of notice in the record herein other than to a
Nassau Steamship Agency, Inc., at Garden City, New York, and to
one Helmut Haas at Peconic, New York.
(3)
(4)
(5)
(6)
(7)
A zoning Board of Appeals may act pursuant to its original
jurisdiction only after Notice and Hearing. Town Law Section
267(5). The statutory 'lIlotice and hearing requirements are mandatory.
See Buffalo Cremation Co. v. March, 249NY53l, l64N.E.572.
The Town enabling act (Town Law Sect.267(5) provides that
notice be mailed to the parties and that notice be published in
the official newspaper.
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Although there are cases which hold that failure to notify
an owner of land which adjoins is not a fatal defect, it is
clear that where a local ordinance requires such notice the
defect then is fatal. (See Anderson, New York Zoning Law and
Practice P.138, Volume 2, sect.20.09).
Here I submit the defect is fatal as owners of five (5)
immediately adjacent parcels received no notice, nor is there
any proof of such notice in the ~ecord herein although our local
ordinance requires such notice.
Accordingly, it is respectfully submitted that t4is Zoning
Board of Appeals does not have jurisdiction over the present
application because the requirements of the ordinance clearly
have not been satisfied.
POINT II
To rant the instant lication would
eyon a reaso e amoWl .
increase the densit
At the present time, reference is directed to applicants' map
showing the proposed break-up of the premises into three parcels.
First of all, the parcel as presently constituted consists of
51,000 square feet of land containing 18 dwelling Wlits. This
figures out to 2,833 square feet per dwelling Wlit. The applicant
proposes to do the following:
1. Create one parcel (Parcell) with 24,000 square feet of
land with 12 dwelling units. This figures out to 2,000 square feet
per dwelling Wlit. This increases the density quite obviously.
Also, provision must be made for parking areas of a
minimum of 12 cars.
2. Create another parcel (Parcel 2) with 11,000 square feet
of land with 4 dwelling units. This figures out to 2,750 square
feet per dwelling unit. Also, an obvious increase in density.
Here again provision must be made for parking areas.
3. Create a third parcel (Parcel 3) with 16,000 square feet
with 2 dwelling units. Much of this parcel is wetland and not
usable for parking and/or cesspool requirements. Without this
parcel the entire property is woefully deficient. I refer to the
Bulk and Parking Schedule of the Town Zoning Ordinance which re-
quires a minimum of 40,000 square feet for a single family dwelling
and 80,000 square feet for a two-family dwelling. In addition
this parcel would only have 50 feet on Carole Road which is only a
right of way. The remainder of Carole Road to the water is owned
by my clients and is private property.
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If we assume a population in the 12-unit building of
an average of 3 persons that would put us at a level of 666
square feet per person not taking into consideration parking
requirements. This, I submit:, is poor quality zoning.
I respectfully submit that to grant the applicants'
request would be to greatly increase the density of this area
which already contains enough density.
POINT III
Under no provisions of the Zoning Ordinance and the Bulk anti
Parking Schedule can any ot the proposed parcels quality.
I call this Board's attention that as to lot area minimum
requirements, lot width, lot depth, parking and set back re-
strictions the proposed subdivision is woefully deficient.
What is sought here is a minor subdivision requiring variances
from you on practically every requirement.
I respectfully submit further that applicant has not set
forth any hardship other than a statement that he has a purchaser
for proposed parcel No. 1 but the purchaser does not want to pur-
chase proposed parcels 2 and 3. I state that this is no hardship
and at best only a self-imposed hardship. It must be remembered
he purchased this property as it is now. The grounds of personal
need, hardship or economic necessity are not legal grounds for
the granting of a variance.
Strict application of the ordina~e has not and will not
deprive the applicant of the reasonable use of his land and to
grant such variances as set forth in the application will not be
in harmony with the general purpose and intent of the ordinance.
Rather it will represent a gross and radical departure, will be
injurious to and will be otherwise detrimental to the public wel-
fare.
The granting of this application would open the door for other
property owners to reasona~ expect similar variances for their
property.
I respectfully request that this Board deny the instant ap-
plication for the reasons hereinabove stated.
Dated - Greenport, New York
April 21, 1977
Respectfully submitted,
Frederick J. Tedeschi
Attorney at Law
403 Main Street
Greenport, New York 11944
516 477-2048
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MtH)IWUJUH IN OPPOSITION TO THE APPL.l\..ATION Q. Hli.JtOJ.AS W. IPPOI..ITO
UNDt:k APP1W,. NO. 22S4
Tall ...-orllMu. III oppoalt.1011 La IUbldU.d by.
f r".d~k J. TedeKlaI
403 Halll St.reet
Gr.eaport. New York 11944
AUol'lMlY for the followlq aclJolDiD& ,rop.rt, 01llIl8""
1. f red R. .weh
aDd
Barbara E. awell
2. Joaeph s.ulcbeakl
aDd
-.l1a Saaldaeek.l
J. f raG Kdbok
aDd
-.l1a ltdbok
4. HMafreci Kemer
). ECwlIl S~t.
aad
Had. St.wart
1"I)11'T 1
ta
al
Sect.loa 100-12)A afore..ld read. .. toll~.
" A. III all c.... "re the Board of Appeah 18 r.qu1reci to
bol"M" puellc beadllf' 111 ad4lUoa to the DOUG. of III.Kh
hearlD& r.qu1racl by _.. wdU_ aotle. cOllul..l8& me
followiq 1afol'llAUoD ...n IN MIll:: ., De per..a ,.Utlo_
1... III.Kh Boardl 01' 1118 q_'. Ity .lmer ,ertlfl_ 01'
r.&htereci lIA1 l.o .very ;mr of Aroperty l-.dlal..ly ..s-
,=_t therel.o. I~ dl. . _t cJt.at. _, p.UUoner otID. or
., laUr..l. lu. .y property I-tulatel, _J~eal. too
the propert.y _lell 18 the .ubJect. of III.KIl petlUOD. t.beD
"duea not.lce ahall alao be ,iv_ t.o t.be owen of the
property aclJ__C. too ....... other propert, of t.M pet.1UoMr.
for the pUI'pO" of t.bl. ...Uoa. the won. ......r.. 01'
'l-ropert.1 ....1'.. ... the ....1' .. .,. .. the .......t.
....._c. roll of t.ha Tow of Sout.llold. tbe ..Uce 1'.-
quired Ity t.bla ",UOD .hall ... 1IA11eci by the peUc.loaer.
or Ills AI-C.. withlD flv. (1) "Y. paGedl.. the f11111& of
t.M pet.1Uoa 1D the Tow Cl.rk' a off ic... Proof of IIA1I1D&
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of ~b DOU". ln the tOIll of a nom .~t ...11" eball
be flled with the Tow clerk at the t.1M of fiU.. of
the ,.UUon. l)~1\ noU". eball ~ontain the f.U......
infolllation,
(1) A .ut__t. tbat. the peUt.101Hlr 'I'opo,,' t.o apply to
the 10.... of App4tah of tha TotID of Soutbo14 for a
Yad.-e.. epaclal 4I*.,Uon. epecial pendr. or other
llpecUted nUef. .. tha cue ..y be.
(2) A deecdpUon MafUctenr. to lel_t.ify the property
tIb1c1\ 18 tbe eubjKt 01 the petltloa.
(J) The COU d1.t.r1~" da..tUcaUon of eudl propert)'.
(4) A detail_ .u.t....... of the nUef ..up" by tha
petlUo...l'.
()) The 'l'oY1810.. of the &on1q 1_ appUcable to the
r.U.I eouP" by the peUUoae...
(6) A .u,~...t. that wit.b1. fly. (5) Gay. lIUd\ pe"I.Uon
will be flled 1n the Southolcl To. Chn'. office.
Haln iOllfi. Southold. New YORe ... .., than be
....s.1Ud dudD& r."war oCU,. houn.
(7) A .cae__t thet a pubUc. ....dll& with n...-" to ~
peUtio. ...r. 1M beid by the IoaI'cl of AppeAl. of the
TOW of Southold IMfore the I'.Uef eouaht ca 1M ,..-tecII
thar. the penon t.iiJ .. the DOUC' 18 adell"''', 01' b18
..ep.......UUve. bu the dpt to ....... ... 1M ....rd a"
...b ....d&l&J aDd thet. a DOUC' of iNch ....1'1.. will 1M
pub118hed ln t.he oUidal teM! .....epape.. DOt 1e.. then
fiy. (S) Gay. pdol' r.o euch pubU~ ....1'1"'."
...... of the obJKr.aa.r.. her.l. ..ec.1y_ ~Uen DOUC' of the
bead, 1101' baY. .., of ttMa .xecuted y.dUed wa1y.re of DOUce.
Ther. . DO proof of MU~ 1. the I'Mord her.ln other thaa. to a
H..... "'_._i, A&~'Y. IlK.. at GaI'deD 1:1&1. It... Vet"". ... to
one llel_" IIaae at Peco.ic. New York.
A IIOnlD& aouG of Appeal. !lAY _r. pur.,..t t.o iu 01'1&1..1
juriecl1et.tOll oal, attar 1tot.1~. ... Hear1D&. T... &..f Seed_
2i7(S). The .t.atu&ol')' _tlc. aacl beartaa requin....\. .... -v~..t.ory.
See Buffalo Cr-"UOIl Co. v. Harch. 249HY).)1. 164N.&.S72.
The Tow ....11"& act. (T<ND LAw Sact.261()) provide. r.bat
DOUC' be 1IA11eci &0 \;.be panl.. aDd tba& DOUce be pubUebecl ill
the of Udal .....,.,.1'.
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AlU4U&b ~re are ~a _lc.R bola Uaae. tailur. to .Uty
a fHDtr of 1..... Wic.b _jo1Aa h .e. . f.&al de,..e., 1e. h
dear thet wher. . local o~lQaDC.. requir.. IW1.b ootic.. tI&4a
ct.f..e. daea h '.&al. (S.. Aaderaoa~ M_ YOI'lL Zoa111& Law .....
Pr..e.le. P.l35, Volume 2, sect.20.09).
Her. 1 au.llt the ci.tect 15 t.tal .. owen of flv. (S)
1""V.di.tel, Mj.uat parc.h nc.elved no noUe., .1' 1. there
..,. ,not of ~ .&:.le. ia th. 1lec;orG herelD altblJu&b our loc.a1
orell"A<'e r.quire. INCh .tic...
Ac;.c.orG1ql" it 18 r..pedfull, ..wltted. tbG ....h 101d.1I&
Aeana of Ap,eab do.. IIOt bay. jul'18lU.c.t.1oa over the ,......e.
appllc.atl.. bee.... the requlr.....t. of the ordlD8DCe dearly
have Mt beea ..U.Ue4.
POINT 11
10 &r_t ..... f.YYIat ePPl~~~lO" woula ueatlY \ac....... t.blJ a...iLy
'-YOM ., iiiiiiiIiIi __~
At t.he p......t tt.., ret'l'elK' 1. dl~U4l to appllc.at.r IMp
ahow1~ th. proponci br.aIc.-vp of the pr..... b&o three pan.h.
Uret of all, the parc.l .. '......tly coa.Uc.ute4 eoa.hta of
Sl,OOO .quare tHe. of 1..... co.t.a1a1D& 18 dwlU.. _It.. thh
Upre. out to 2,U3 .quare f..t per GVlI1l1ag wdt.. tbe app11c.ant
,ropo..' to elo the followl1l&1
1. .......e.. ODe parc.l (1'.1"....1) ",Uh 24,000 .quare tMt "I'
laneS witb 12 dVll111Di uait... Thh Ulur.. \MAt. to 2,000 8q""". f....
pe.. dwlUq UD1t. Tbh lnc.r..... the d...lt.y quite obvlou81y.
A!lIO. proYl.1oo .....t 1M maca. fur p...Uaa; ...... of .
1Il1n1_ 01 12 can.
2. ...r..t. auot.ber paRa! (P.rc.e.l. 2) witb 11,,)00 Iqlol&c, t..t
of lane with 4 4well1D,jj units. 'Ihh U~l,l"" out to 2, 7~O 'q\lare
feet. per owel1111& wdC.. Alto. an OOvlou. l~reaM 111 -.i8lUl1t,..
H.re ..-.tn provh1011 ...e. be 1lilIId. Lor par..111& .r....
J. "rut... t;b1rc1 par!;el (P...!;..l 3) .Ub u..lJOO 8q\I&C' f.eL
ric.b 2 dwe1l1D& unit... Huc.h of t.bh parcel b VlIt18Dd 4IDG 8o.Jt
uMbl. fi,)r parU1l& anQ/gr "..pool r.qulr....t.a. W&c.bout. th1,
parcel the ..tir. prgpert.y i. wo.fully d.fl~lanL. 1 refer tu ~
Bulk and Park.1u& Sclleauleof the 'row ..01110. i.lnt1~. tIb.1c;.b re-
qu1re. . mini.. of 40.00-1 'G_n t..t. f.Jr . 8111&1e 1-.11)' ~lUD&
aDd aO,llOO .quar. f..t. tor. t.u-f.-11y dwelllQ&. 111 addlt.loD
tab par.;41 tNuld 0111)' bay. :)1 f.et ou Carole 10M Wlt:.b h out;, .
dche. of WAl. The r...uWiec 01 ....eral. .,,;>&0 to the watu' h U,"l~
~y uy ~116nt. ana La ~rlv.t. property.
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1f w. ...~ a ~,)pui.ti~u In the ll-ua1~ bw11Q1~ u1
aD .".r-.e of ,] perellas tobat WGu1.\O\ put. ua at & lavel ot "6
s<OllAr. (eet pex' persoll u...l. Lali.b16 10to '''101.1,"8r&t10u i/&6klu..
l'eqululAenl.s. 1bh, 1 auba1t, h iOOr quality &o1l1raa..
1 resp~L1'Ally wtalt t.lul&. to &rAllt &.l1e eppUuult..'
reque.t. ~ul~ De ~ ,reatLy ~r.... the censlty of this area
~nl~ alreAQy ~QoLaine eoo~h density.
?",l.n 11~
VUeI' 110 l'ovl.10.. at t.ha
ark ~ . ~ an ~
;)rcilaaac;e ad the aulk ad
r... aR.. .
1 call this 5~.fd'. .tt.Dtl~n that a. tQ lot ar.. .tn\~
requir__u, lln width, l<.>>t depdJ, parkinf eta ..t DMk re-
.trlction. the pr~po..d ~lbdivl.laD 1. v~e ully 4efl~lea'.
!..'hat h ./Juabt hue h . alQ\)r .ubdlvhloQ requ1riq vari.~..
flrOll you Qft prectlc.a11y .very r.qu11'....t..
I reapectfully .ub.1t further ~t applicant. baa not ..t
f,nth AU)' hardahlp 'Jt;\er than a stat-.nt that. he baa a puR1aaM1'
for pl'IJpoMd par.:..l No. 1 but the purcbaaer 40a. _t wmt to pur-
co...... p1'opo_ paR.h 2 and 3. I .tate tbat tbh 18 _ budsb1p
mad .t. b.... onlr . ..If-htposed hard.n1p. It. ..at. be r'l"lV'''.I'M
he purchased tb . property.. It 18 now. The .1'Ound. 01 pano.&1.
...d, bar4.n1p or econoaic. nece..1t1 ar. not. 1_.-1 .1'OUIft4. lflr
t.IIa Ir-u.a of a var1alK;...
Stl'1et appUc;.aUun 'I! the IIrIUIlA*- baa nol ... will IQOt
depl'1v. tM applleant. of the reuoaabl. 11M of bb 1... ..... to
fral suda val'1aace. .. ..t fort.b 1. the appll,aUoQ will nol be
n haZllOIIY with the ,e..e'l'al purpo.. aDd bllaoto of the ol'dJ"-u.
61Mb.r It. w111 'I'epn.-nt. a /irv.. aci raQ1!;.&1. d.~tul'.. w111 be
InJurlou. to ad will be otherwl.. ci.tn-Iltal to u.. pu&.lb. _1-
fare.
Dat.ad - ..nl..port., "e. yon..
April 21, 1971
The ~rant.lag of t.bh appUcaUon would open the dool' fOIr othar
prop.rty OWDer. ,"0 ~llw expect .1II11al' varianc.. for tUh
property. "
I rupecttuUy requut that. thi. .6oar4 deny the 18.....t ape
pHutton for the r.asoo. h....lnebov. .tatad.
Re.pectfull, ~ltted,
t rec1edcM'. J. l'e4aKbl
At.torney at. Law
403 haI.. $t.net
(lTeanport, Maw Vorll 11944
)Ut _77-2048
- 4 -
!i-s-r~~C/l{~;?o~ 9-~r/UC?t.. - 0
TO: THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD, NEW YORK
April ~I, 1977
We, the undersigned residents, neighbors, taxpayers and
owners of real property of the Town of Southo1d, New York,
wish to object to the granting of an application by NICHOLAS
W. IPPOLITO, under Appeal No. 2254, for the reasons among others,
that the granting of the application will tend to downgrade values
in the area, increase the density of the area and would be in
violation of the spirit as well as the letter of the present zon-
ing ordinances which see~to prevent crowded conditions among
other things.
N AM E
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OF APPEALS OF THE TO\,fNOF SOUTHOLD; NEW YORK
o
THE ZONING BO".RD
April, 1J 1()77
We, the undersigned residents, neighbors, taxpayers, and owners of
real propert:" of t'1e Town of Sout'1old, Hew ;rork:'wish to object to'
the granting of an ~pnlicat)onby NICHOLAS W. IPPOLITO, under ~p-.
peal No. 2254, for the reasons among others, that the granting of
the apnlicatioYl will tend to dmmgrade v'llues )n the ar'ea, increa.se
th,e dens ity of the area and would be in violatj on of the spirt t as
well as the letter of t'1e nresent zonjng ordinances which seek to
prevent crowded conditions among other' things.
To:
N A M E
ADD RES S
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Suffolk County Department of Planning
H. Lee Dennison Executive Office Building
Veterans Hemorial Highway
Hauppauge, New York 11787
Af' K ~ REC'lJ
Town of South old
Board of Appeals
April 6, 1977
Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County
Charter, the follm~ing applications which have beeu referred to the Suffolk
County Planning Commission are considered to be a matter for local determin-
ation. A decision of local determination should not be construed as either
an approval or a disapproval.
Applicant
Municipal File Number
Nicholas W.lppolito
Leander B. Glover Jr.
Gordon K. Ahlers, P.E.
.2254
2255
2257
Very truly yours,
Lee E. Koppelman
Director of Pl"nning
by
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Southold Town Board of Appeals
SOUTHOLD, L. I., N. Y. 11971
Telephone 765.2660
APPEAL BOARD
MEMBE.S
Robert W. Gillispiej Jr., Ch"lrm~n
Robert Bergen
Ch"r1cs Grigonis, Jr.
St:rge Doyt:nj Jr.
Fred Hulse, Jr.
M I NUT E S
Southold Town Board of Appeals
May 12, 1977
A regular meeting of the Southold Town Board of Appeals
was held at 7:30 P.M. (E.D.S.T.), Thursday, May 12,1977, at
the Town Office, Main Road, Southold, New York.
There were present:
Chairman; Robert Bergen;
Serge Doyen, Jr.
Messrs: Robert W. Gillispie, Jr.,
Fred Hulse, Jr.; Charles Grigonis, Jr.;
Also present: Steve Katz, Long Island Traveler-Mattituck
Watchman.
7:30 P.M. (E.D.S.T.) Decision on Appeal No. 2254, Nicholas
W. Ippolito, 39 Gehring Street, Commack, New York for a variance
in accordance with the Zoning Ordinance, Article III, Section
100-30; Article V, Section 100-50, and Bulk Schedule for per-
mission to divide property with existing buildings. Location
of property: South side North Road (CR27), Southold, New York,
bounded on the north by CR27; east by Hass and Carole Road
(Pvt. Rd.); south by Mill Creek; west by now or formerly Dover
Navigation Corp.
THE CHAIRMAN: This appeal of Nicholas W. Ippolito for a
variance to divide property with existing buildings, south side
CR27 in Southold, was postponed until tonight. At five o'clock
this afternoon, the attorney for Mr. Ippolito asked that the
application be withdrawn. The application is withdrawn without
prejudice to further applications. I'm stating this for the
record.
*
*
*
On motion by Mr. Gillispie, seconded by Mr. Bergen, it was
RESOLVED that the Southold Town Board of Appeals approve
minutes dated April 21, 1977.
Vote of the Board: Ayes: Messrs: Gillispie, Bergen, HUlse,
Grigonis, Doyen.
*
*
*
dinnnce changing approximate y
acres of laud ~ residential "D"
distriCt to indu "R" district with
condition that e be reduced to
that of rond 6n whi~h it fronted was
void ns constituting spot or contract
zoning, where precise change and con-
ditions were proposed by applicants
for town zoning and were adopted in
toto, rezoned parcel was first indus-
trial intrusion in area and noncon-
forming gas station use was not re-
zoned but was left in residential dis~
trict. Levine v. Town of Oyster Bay,
1966, 26 A.D.2d 583. 272 N.Y.8.2d
171.
12. Powers of board
The Town Board of the town of
New Castle is not authorized to
amend its zoning ordinance to provide
a new zoning classification which
would permit multiple family resi-
dential use limited to senior citizens
only. 1972, Op.Atty.Gen. (Inf.)
Mar. 6.
the procedures provide In IS
tion, and the withdrawal o~etition
. requesting a change does rohibit
a town board with pro iog to
make same. 1969, Op.Atty.Gen.
(Inf.) 134.
13. Spot zoning
Notwithstanding fact that town
board rezoned only property adjacent
to that of plaintiff so BS to include it
within a proposed planned industrial
park district after conducting hearings
at which consideration was given to re-
zoning all of property in area, rezon-
ing of tract, considering its size and
location, did Dot constitute "spot zon-
ing," absent evidence that rezoning of
property was prompted by an intent
to benefit owner thereof or that it was
initiated at bis instance.' Daum v.
Meade, 1971, 65 Misc.2d 572, 318 N.Y.
S.2d 199.
~ 265-a. Exemption of lots shown on approved subdivision plats
Index to Note. ordinance, and prior to this date
town's planning board found that lots
Generally I on petitioner's subdivision plat 8atis~
Villages within towns 2 fied minimum area requirements of
town's zoning ordinance and granted
approval thereto; petitioner's plat _be.
came exempt from operation of newly
enacted village ordinance, and village
could not constitutionnlly take awny
this exemption by enactment of vil~
lage ordinance that was more restric~
tive than the predecessor town code.
.Wesley Chapel, Inc. v. Van Den
Hende, 1969, 32 A.D.2d 565, 300 N.
Y.S.2d 803.
2. Villages within towns
\Vhere village was created out of
land lying in town and was incorpo~
rated on February 3, 1967, and
town's zoning ordinance, to be ap~
proved by town authorities, was in
effect until at least June 1, 1968,
which was the earliest date when vil-
lage ordinance could supersede town
~ 266. Zoning commission
Suppleme~tary I~dex to Notes
Hearing 3
3. Hearing
If a town zoning commISSion holds
public hearings on 8 preliminary re-
port and then is about to submit a fi-
nal report containing substantial
changes, it should hold a further
hearing or hearings on an amended
preliminary report before submitting
the final report to the town board.
1969, OP.ally.Geo.. (Inf.) =.
~ 267. Board of appeals
[See main volume for text of I/o 4]
5. The board of appeals shall fix a reasonable time for the hear-
ing of the appeal or other matter referred to it and give public notice
thereof by the publication in the official paper of a notice of such
hearing; at least five days prior to the date thereof, and shall, at
least five days before such hearing, mail notices thereof to the parties
and to the regional state park commission having jurisdiction over
any slate park or parkway within five hundred feet of the property
79
1
~ 267 0 TOWN LAW
Note '2a (""\
. affected by sucb appeal, and shall decide the same witbil.Jxty days
after the final hearing. Upon the hearing, any party may appear in
person or by agent or by attorney. The board of appeals may re-
verse or affirm, wholly or partly, or may modify the order, require-
ment, decision or determination appealed from and shall make such
order, requirement, decision or determination as in its opinion ought to
be made in the premises and to that end shall have all the powers
of the officer from-w~orn the appeal is taken. Where there are practical
difficulties or unnecessary hardships in the way of carrying out the
strict letter of such ordinances, the board of appeals shall have the
power in passing upon appeals, to vary or modify the application of
any of the regulations or provisions of such ordinance relating to the
use, constructional alteration of buildings or structures, or the use of
land, so that the spirit of the ordinance shall be observed, public'
safety and welfare secured and substantial justice done.
[See main volume for text of 6 /010]
As amended L.1966, c. 657, eff. Sept. I, 1966.
Subd. 5 amended L.1966, c. 657. eff. town without the necessity that such
Sept. 1. 1966. L.1966 substituted officer be aggrieved. Bachety V.
"sixty days .after the final hearing", Volz, 1970, 65 Misc.2d 176, 317 N.
for "a reasonable time." Y.S.2d 521, affirmed 39 A.D.2d 842,
332 N.Y.S.2d 613.
'I
,
I
I
Law Review Commentaries
Board of Zoning Ap'peals procedure
-informality breeds contempt. .16
Syrecuse L.Rev. 568 (1965).
The use and abuse of the special
permit in zoning law. 35 Brooklyn
L.Rev. 258 (1969).
Zoning-A comprehensive study of
problems and solutions. . 14 N.Y.L.F.
79 (1968),
3. Nature and scope of power"":"Gen-
erally
Town board has power to enact
zoning laws respecting use of proper.
ty and such power is subject 011ly to
constitutional limitation that it may
not be exerted arbitrarily and unrea-
sonably. Gardner V. Phillips, 1969,
59 Misc.2d 934, 301 N.Y.S.2d 332.
Zoning board of appeals may act
even without witnesses since it is
presumed to be made up of citizens
with' qualifications to .servain that
capacity; howevel', it must set forth
in its decision the facts known to its
members but not otherwise disclosed.
Beneke V. Board of Appeals, Town
of ManliuB, 1966, 51 Misc.2d 20, 273
N.Y.S.2d 121.
A wide discretion is granted to the
zoning roard of appeals, and it may
act upon its own knowledge of condi.
tiODS and make its own survey. Id.
Determination by zoning board of
appeals whether proposed use com.
plies with zoning ordinance is de novo
on basis of proof adduced ff'r board.
rd.
Neither by legislation nor by ad-
ministrative ruling maya, municipal-
ity totally bar a public utility installa-
tion. Long Island Lighting Co. v.
Horu, 1968, 49 Misc.2d 717, 268 N.Y.
S.2d 366.
Members and chairmen of town
zoning boards of appeals are town of-
ficers. 1970, Op.A.tty.Gen. (Inf.)
173.
4.-
Limitations or restrictions
on power
There can be no greater power in
a zoning board of appeals to modify
SuppleJD.entary Indes: to Notes
Appeal to board
Procedure 12b
Time for 12a
Appointments by board 19
Denial of variance, generally 53
Division of lot 55
Effective date of variance 54 -
Factors considered 35a
Failure to exercise variance 36a
Meetings of board 8a
Number of board members 17
Purpose 2a
Removal of board members 18
Special permit or exception
Reopening of application for Ila
Subject matter of variance
Dwelling units 48a
Subdivision of land 52a
Venue 100
2a. Purpose
In enacting tbis section' providing
that any person aggrieved by any de-
cision of the board of zoning nppeallll
or any officer, department, board or
bureau of the town may apply to the
Supreme Court for review, it was in.
tention of legislature to permit both
an appeal and a review proceeding to
be instituted by an officer of the
o
o
GARY FLANNER OLSEN
COUNSELLOR AT LAW
P. O. BOX 38 . MAIN ROAD, MATTITUCK. LONG ISLAND, NEW YORK 119S2 . PHONE 516 298-4844
March 10, 1977
Re: Nicholas W. Ippolito
Minor Subdivision
File # 1487
Gentlemen:
Enclosed herewith please find three copies of a Variance Application
along with an Affidavit of Notice to adjoining landowners d a copy
of the survey showing the division of the property. I a so enclos-
ing herewith the fee of $15.00. Please send me a N ice a to when
this matter will be on your caledar for a public he ing.
GFol clr
Encs.
N
Southold Town Zoning Board of Appeals
0/0 Southold Town Clerk's Office
Southold, New York 11971
BOARD OF APPEALS. TOWN OF SOUTHOLD
In the Matter of the Petition of
Nicholas W. Ippolito
to the Board of Appeals of the Town of Southold
TO: Helmut Haas and Nassau Steamship Agency. Inc.
NOTICE
YOU ARE HEREBY GIVEN NOTICE:
1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of South old
to request a (Variance) ~f;I,~..:..I~ (the following relief: to divid"
I subject premises into three parcels. l.
2. That the property which is the subject of the Petition is located adjacent to your property and is des-
cribed as follows: North by North Road: F.ast by Carole Road: and H. H"",,: SOllth hy
Arshamomaque Pond; West by Nassau Steamship Agency. Inc.
-
I
.
3. That the property which is the subject of such Petition is located in the following zoning district:
Agricultural- Resid ential
.
4. That by such Petition, the undersigned will request the following relief:
premises into three parcels.
to divide ""hj"ct
.
.
5. That the provisions of the South old Town Zoning Code applicable to the relief sought by the under.
signed are: Article TTT 1':"ction 1 00-30; ArticT.. V 1':..ction 100-fiO "nil 'Rlllk S"h"i1111""
in both instances.
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 South old 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: Mar'.'h 10, Hl77
:1
1
I
Petitioner Nicholas Ippolito by Gary Flanner
Olsen. Esq.
Post Office Address
P.O. Box 38. Main Road. Mattituck. N.Y.
,
NAME
Helmut Haas
PROOF OF MAILING OF NOTICE
ADDRESS
Box 1115, Peconic, New York 011958
Nassau Steamship Agency, Inc.
00
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STATE OF NEW YORK)
COUNTY OF SUFFOLK)
100 Franklin Avenue. Garden City, New York 11530
M)
RECEIPT FOR CERTIFIED MAIL-3tt~ (plus postage)
SENT TO
Nassau Steamship Agency_ Tnc_
STREET AND NO.
P.O., STATE AND ZIP CODE
Garden Cit New York 11530
OPTIONAL I(RYleES fOR ADDITIONAL FElS
RETURN ~ 1. Sa.ews to wtIlom end lid. d.llvered ..........QM
With delivery to addressee only............ 65,
RECEIPT 2 Slto.. to ....m, _. end ....... dell""" .. 35,
SERVICES . With delivery to addressee only............ 85,
DELIVER TO ADDRESSEE ONly...................................................... _55'e
SPECIAL DELIVERY (extra .,.. required) ....................................
PS F.... 3800 NO INSURANCE COVERAGE PROVIDEO- (5.. .th., tHleJ
Apt. 1971 NOT FOR INTERNATIONAL MAil . GPO, "" 0 _ .80-...
bO
RECEIPT FOR CERTIFIED MAIL--3Gf (plus postall)
SENT TO
Helmut Haas
STREET AND NO.
TMARK
P.O., STATE AND ZIP CODE
Peconic e rk
OPTIONAL SlRYICIS FOR ADDITIONAL FEES
RETURN ~ 1. Sbows to "'em and date delivered ... ......
With delivery to addressee only ......_...
RlCllPT 2. SIIoWs to whom, date and wtler. d.Il".... .. 3Sf
SlRVIClS . With delivery to addressee only ............ 85~
DElIVER TD ADDRESSEE ONLY ...................................................... ._5~e
SPECIAL DEliVERY (extra f.. required) ....................................
"r- 3180 . II 1*1 CIIf-"- '1t.11.
A". 1071 NOT F. IllTUIIAT..... IIAIl
(lee _ +1
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55.:
Gary Flanner Olsen . residing at Main Road. Mattituck. New York
. being duly sworn, deposes and says that on the 10th day
of March , 19 77 , deponent mailed a true copy of the Notice set forth on the re-
verse side hereof, diretted to each of the above-named persons at the addresses 5 opp ite their respective
names; that the addresses set opposite the names of said persons are the addre es of sai persons as shown on
the current assessment roll of the Town of Southold; that said Notices were ailed at t United States Post Of-
fice at Mattituck, New York ; that said Notices w em' to f said persons by
(certified)~ail.
-,
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10th
, 9 77
tary Public
JV\J.'.Kt !\. (.:.....'rfl
Notory Public, ~ :.~-:e of Ntw York
No. 52.0830410
Qualified in Suffolk County
J .!~'" ~ M...oh W, 1~1l)
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Southold Town Board of Appeals
SOUTHOLD, L. I., N. Y. 11971
T .I.phon. 765-2660
APPEAL BOARD
MEMBERS
Robert W. Gillispie, Jr., Chairman
Robert Bergen
Ch.r1.. Grisoni., Jr. March 31, 1977
Serge Doyen, Jr.
Fred Hulse, Jr.
Mrs. Fred R. Bruch
37 Neptune Avenue
Hampton Bays, NY 11946
Dear Mrs. Bruch:
As per your request, please be advised that the
Nicholas W. Ippolito application for permission
to divide property with existing buildings will
be heard on Thursday, March 31, 1977, at 8:00 P.M.
~o s truly,(,\
~JUJG. k)~
M ;-~. Dawson
Secretary
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