HomeMy WebLinkAbout276956005 C.R. 27, Greenport I2/29/80
D-construct accy. bldg. in frontyard area.
TOWN OF SOUTHOLD, NEW YORK
ACTION OF THE ZONING BOARD OF Al'ImF-ALS
AppealNo. 2769. APplication Dated December 3, 1980
ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD
To Mr. Nicholas D. Yuelys
6159 Broadway
Bronx, NY 10471
DATE ...].~..1.3./.8.]
Appellant
,,
at a meeting of the Zoning i~oard of Appeals on D e c e m b e r 2 9,
was considered and the actio'~ indicated below was taken on your
( ) Request for variance dUe to lack of access to property
( ) Request for a special ex. ception under the Zoning Ordinance
(X) Request for a variance to the Zoning Ordinance Ar t. I I I, S e c.
( )
] 9 8 0 , the appeal
100-32
1. ~ F,X~IIit~IXiIE[XB~X~IbXit~ t//X~ 18~)/~ I~X ~t/sX ~)t~)l~ ~ff~t X~ ~ii~t~ ~licl/~ion ( ) be
~a~ed ( ) be de~ed pursuant to Article .................... ~ct~n .................... Subs~tion .................... para.apb
.................... of the Zoning Ordinance and the ~cis~n of the Building I~p~tor ( ) be reversed ( ) be
confirmed b~ause a p p 1 i c a t i o n o f N i c h o 1
Yuely.s, 6159 Broadway, Bronx, NY 10471 for a Variance to the Zoning
Ordinance, Art. III, Sec. 100-32 for permission to construct access
building in the frontyard area at 56005 C.R. 27 {28), Greenport, NY
bounded north by L.I. Sound; west by Candan; south by C.R. 27 (Nort
Road); east by Atwan; County Tax Map Item No. 1000-44-1-19.
(SEE REVERSE SIDE)
as D.
ory
;
h
2. VARIANCE. By resolution of the Board it was determined that
(a) Strict application of the Ordinance (would) (would not) produce
hardship because
(SEE REVERSE SIDE)
practical difficulties or unnecessary
(b) The hardship created (is) (is not) unique and (would) (would not) be shared, by ali properties
alike in the immediate vicinity of this property and in the same use district _b~cause
(SEE REVERSE SIDE)
(c) The variance (does) (does not) observe the spirit of the Ordinance and (would)
chanEe the character of the district because
(SEE REVERSE SIDE)
(would not)
and therefore, it was further determined that the requested variance ( ) be granted (
that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed.
) be denied and
FOItM ZB4
ZONING BOAltD OF APPEALS
The findings and determination of the Board are as follows:
Appellant has appealed to this Board seeking a variance to con-
struct accessory storage building in the' frontyard area approximately
13' north of the North Road and two feet from the easterly property
line. The premises in question is approximately 6,500 sq. ft. in area
and existing on same is a one-story frame house with porch. Upon
inspection the Board found the easterly neighboring property to have
a structure{s) built right up to this side line. The Board recognizes
appellant's need for a storage area, however are not in agreement with
the sole location requested in the within application.
The Board finds that a detriment to adjoining properties will be
created if the variance is granted as applied for; that a substantial
change in the character of the neighborhood will be produced; and
that the interests of justice will not be served by the granting of
the relief requested herein.
On motion byl]Mr. Grigonis, seconded by Mr. Goehringer, it was
RESOLVED, that Nicholas D. Yuelys' application for a variance
dated December 3, 1980 be denied'"'w~'thout prejudice, as applied for.
Location of Property: 56005 C.R. 27, Greenport, NY; bounded
north by L.I. Sound; west by Candan; south by C.R. 27 (North Road);
east by Atwan; County Tax Map Item No. 1000-44-1-19.
Vote of the Board: Ayes: Messrs. Grigonis, Douglass, Goeh-
ringer and Sawicki. Absent was: Mr. Doyen.
AP?iiOVED
RECEIVED AND FILED BY
7i~ SOU?iiIOLD TO~:FN
Town Clerlr, zo~.,.~n of
LEGAL NOTICE OF HEARINGS
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town
Law and the Provisions of 'the Amended'Code of the Town of
Southold, that the following matters will be held for public
heraings by the Southold Town Board of Appeals at the Town
Hall, Main Road, Southold, NY on Monday, December 29, 1980:
7:35 p.m. Application of Peter V. Izzo, 919 Harlane Circle,
N. Bellmore, NY 11710 for a Variance to the Zoning Ordinance,
Art. III, Sec. 100-31 for approval of insufficient area and
width of two proposed parcels located at the west side of
Pine Tree Road, Cutchogue, NY; more particularly known as
Lots 34 and 35A, Map of Nassau Farms, Map No. 1179; County
Tax Map Item No. 1000-104-2-9 and 10.
7:50 p.m. Application of Nicholas D. Yuelss, 6159 Broadway,
Bronx, NY 10471 for a Variance to, the Zoning Ordinance,
Art. III, Sec. 100-32 for permission to construct accessory
building in the frontyard area at 56005 C.R. 28, Greenport, NY;
bounded north by L.I. Sound; west by Candan; sOuth by C.R. 27
(North Road); east by Atwan; County Tax Map Item No. 1000-
44-1-19.
8:05 p.m. ApPlication of Wilbur A. Baldwin, 1725 Nassau Point
Road, Cutchogue, NY for a Variance to the Zoning Ordinance,
Art. III, Sec. 100-31 for permission to construct attached
garage with an insufficient sideyard setback at 1725 Nassau
Point Road, Cutchogue, NY; more particularly known as Nassau
Point Club' Properties Lot No. 1; County Tax Map Item No. 1000-
104-13-2.4.
Page 2
Legal Notice of Hearings
December 29, 1980 Meeting - Board of Appeals
8:15 p.m. Application of James P. Latham, 580 Plum Island Lane,
Orient, NY for a Variance to the Zoning Ordinance, Art. III,
Sec. lO0-31 for permission to construct new dwelling with
insufficient sideyards at 1490 Village Lane, Orient, NY; bounded
north and west by G. Latham; south by McNeill; east by Village
Lane; County Tax Map Item No. 1000-24-2-14.
8:30 p.m. Application of Marianne Well, Skunk Lane, Cutchogue,
NY {by Rudolph H. Bruer, Esq.) for a Variance to the Zoning
Ordinance, Art. III, Sec. lO0-30{C}{1){c} and Art. XIV, Sec.
lO0-141{B} for permiSsion to establish home occupation in a
residential area exceeding 30% of the area of one floor of the
main building, and a Variance for Approval of Access, N.Y. Town
Law, Sec. 280-A. Location of property: Right-of-way off the
west side of Youngs Avenue, Orient, NY; bounded north by private
right-of-way; west by Kroepel; south by Reybine; east by High;
County Tax Map Item No. lo00-18-1-10. "~ ~
OTHER MATTERS SCHEDULED FOR 12/29/80, RECESSED FROM PREVIOUS
MEETINGS:
8:45 p.m.
Application of Roy C. Schoenhaar, for approval of
insufficient area and width of four proposed parcels
and for approval of access.
9:10 p.m. ApPlication of North Fork Motel, Inc. for permission
to change existing motel use to condominium or
privately-owned-units type use.
DATED:
December 4, 1980.
BY ORDER OF THE SOUTHOLD TOWN
BOARD OF APPEALS
CHARLES GRIGONIS, JR., CHAIRMAN
Instructions to newspapers: Please publish once, to wit,
December ll, 1980 and forward affidavits of publication
to: Board of Appeals, Town Hall, Main Road, Southold, NY 11971.
by McNeill; east by Village
LEGAL NOTICE
OF HEARINGS
NOTICE IS HEREBy
GIVEN, pursuant to Section
'267 of the Town Law :and the
, Provisions of the Amended
Code of the Town of Southold,
i that the fOllowing matters will
~ be held for public .hearings by
~the Southold Town Board of
Appeals at the Town Hall,
Main ROad, Southold, NY on
Monday, December 29, 1980:
7:35 p.m. Application of
Peter V. Izzo, 9i9 Harlane
Circle, N. Bellmore, NY 11710
for a Variance to the Zoning
Ordinance, Art. III, Sec. 100-31
for approval of insufficient
area and width of two propos-.
ed parcels located at the west
side of Pine Tree Road, Cut-
chogue, NY; more particular-
ly known as Lots 34 and 35A,
Map of Nassau Farms, Map
No. 1179; County Tax Map
Item No. 1000-104-2-9 and 10.
7:50 n.m. Anolicalion of
Ni__chol~.a_s D,~yue~ly~_ 6~1_ 5__9_ __
._B_roadway, Bronx, NY 10471
for a Variance to the Zoning
~'d'~Art. Iii, Sec. 100-32
for__QL_oprmission to construct
28,._C,r~n.r~rt; NN'; hnl~nd~'l
n0rt}l_t~L.I. Sound: west by
Candan; south by C.R. 27
.Co, nty T~x Map Item N~_
1000-44-1-19.
8:05 p.m. Application of
Wilbur A. Baldwin, 1725 Nas-
sau Point Road, Cutchogue,
NY for a Variance to the
Zoning Ordinance, Art. III,
Sec. 100-31 for permission to
construct attached garage
with an insufficient sideyard
setback at 1725 Nassau Point
Road, Cutchogue, NY; more
particularly known as Nassau
Point Club Properties Lot No.
1; County Tax Map Item No.
1000-104-13-2.4,
8:.15 p.m. Application of
James P. Latham, 580 Plum
Island Lane, Orient, NY for a
Variance to the Zoning Ordin-
ance, Art. III, Sec. 100-31 for
permission to construct new
dwelling with insufficient side-
yards at 14~0 Village Lane,
Orient, NY; bounded north
and w[~st by G. Latham; south
Lane; County Tax Map Item
No. 1000-24-2,
8:30 p.m. /plication of
Marianne Well, Skunk Lane,
Cutchogue, NY (by Rudolph
H. Bruer, Esq.) for a Variance
to the Zoning Ordinance, Art.
III, Sec. 100-30(C)(1)(c) and
Art. XIV, Sec. 100-!41(B) for
permission to establish home
occupation in a residential
area exceeding 30% of the
area of one floor of the main
)UNTY OF SUFFOLI~, {
~ ss:
~'ATE OF NEW YORK, j
building, and a Variance for
Approval of Access, N.Y. nan Oustavson being duly Sworn,
Town Law, Sec. 280-A. Loca .....................................
~/s that . .~.h..e.., is Printer and Publisher of the SUFFOLK
'EEKLY TIMES, a newspaper published at Greenport, in said
runty; and ~hat the notice, of which the annexed is a printed
~py, has been published in the said Suftolk Weekly Times
ice in eoch week, for ... o.n.e. ...................... weeks
tccessively commencing on the ...! .~.~..h ..................
~/ of ..... Decerabe ...... 19a0
zorn to before me this . .! .~.~.h. ....
~y of ..... D.e. ceaber... 191~tO..
.............. .....
HELEN K. DE VOE
NOTARY PUBLIC, State of New York
No. 4707878, Suffolk County
Term I~xp~res March 30, 19./fi
tion of property:Right-of-way
off the west side of Youngs
Avenue, Orient, NY; bounded
north by private right-of-way;
west by Kroepel; south by
Reybine; east by High; Coun-
ty Tax Map Item No. 1000-18-1-
10.
OTHER MATTERS SCHED-
ULED FOR 12/29/80, RE-
CESSED FROM PREVIOUS
MEETINGS:
8:45 p.m. Application of Roy
C. Schoenhaar, for approval
of insufficient area and
width of four proposed par-
cels and for approval of ac-
cess.
9:10 p.m. Application of North
Fork Motel, Inc. for per-
mission to change existing
motel use to condominium
or p r i v a t e 1 y-owned-units
type use.
DATED: December 4, 1980.
BY ORDER OF
THE SOUTHOLD TOWN
BOARD OF APPEALS
CHARLES GRIGONIS, JR.,
CHAIRMAN
1TDll-3580
LEGAL NOTICE
OF HEARINGS
NOTICE IS HEREBY
GIVEN, pursuant to Section
267 of the Town Law and the
Provisions of the Amended
Code of the Town of Southoid,
that the following matters will
be held for Public hearings by
the Southold Town Board of
Appeals at the Town Hall,
Main Road, Southold, NY on
Monday, December 29, 1980.
7:35 p.m. Application of
Peter V.. Izzo, 919 'Harlane
Circle, N. Bellmore, NY 11710
for a Variance tq the Zoning
:.OrdinanCe, Art. m, Sec. 100-
31 for approval of insufficient
area and width of two pro-
posed parcels located at the
west side of Pine Tree· Road,
Cutchogue, NY; more partic-
ularly known as Lots 34 and
35A, Map of Nassau Farms,
Map No. 1179; County Tax
Map Item No. 1000-104,2-9
and 10.
,.,. 7:50 p.m. Application of
Nicholas D. Yuelys, 6159
Broadway, Bronx,... NY 10471
for a Variance to the Zoning
"--J~:'d~-~nce, Art. III, Sec. 100-
' 32-i~ permission to construct
~'---~E6~r~Suilding Jn th~ ftZo'~[--
_yard area at 56005 C.R. 28.
...... Gr~en~oo__rt_~ N_Y_; bounded north
Road)_;_ east _b~fit_wanl Cq~nty__
8:05 p.m. Application of
Wilbur A. Baldwin, 1~725 Nas-
sau Point Road, Cutchogue,
NY for a Variance to the
Zoning Ordinance, Art. HI,
Sec. 100,31 for permission to
construct attached garage with
an insufficient sideyard set-
back at 1725 Nassau Point
Road, Cutchogue, NY; more
particularly known as Nassau
Point Club Properties Lot No.
1; County Tax Map Item No.
1000-104-13-2.4.
8:15 p.m. Application of
james P. Latham, 580 Plum
Island Lane, Orient, NY for a
Variance to the Zoning Ordin-
ance, Art. III, Sec. 100-31 for
permission to construct new
dwelling with insufficient side-
yards at 1490 Village Lane,
Orient, NY; bounded north
and west by G. Latham; south
by McNeill; east by Village
Lane; County Tax Map Item
No. 1000,24-2-14.
8:30 p.m. Application of
Marianne Well, Skunk Lane,
Cutchogue, NY (by Rudolph
H. Bruer, Esq.) for a Variance
to the Zoning Ordinance, Art.
III, Sec. 100-30(C) (1) (c) and
Art. XIV, Sec. 100-141(B) for
permission to establish h0?}e
occupation in a residen:{i~l
area exceeding 30% of t~e
area of one floor of the main
building, and a Variance for
Approval of Access, N.Y.
Town Law, Sec. 280-A. Lo-
cation of property: Right-of-
way off the west side of
Youngs Avenue, Orient, NY;
bounded florth by private
right-of-way; west by Kroepel;
south by Reybine; east by
High; County Tax Map Item
No. 1000-18-1-10.
OTHER MATTERS SCHE-
DULED FOR 12/29/80, RE-
CESSED FROM PREVIOUS
MEETINGS:
8:45 p.m. Application of Roy
C. Schoenhaar, for approval of
insufficient area and width of
four proposed parcels and for
approval of access.
9:10 p.m. Application of
North Fork Motel, Inc. for
permission to change existing
motel use to condominium or
privately-owned-units type
use.
DATED: December 4, 1980.
BY ORDER OF
THE $OUTHOLD TOWN
BOARD OF APPEALS
CHARLES GRIGONI$, ,IR.,
Chairman
1T, 12/11/80 (4)
COUNTY OF SUFFOLK
STATE OF NEW YORK
ss:
Potricia 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 Is?and Traveler-Watch-
man once each week for ........................................! weeks
successively, commencing on the
Sworn to before me this /Z-
................................ day of
Notary Public
· 0
NEN YORK STATB DEP~
Regu~ator~ Affairs
Stony Brook, NY
11794
Robert F. Flacke
Com~ts~oner
November 7, 1980
Nicholas D. Yuelys
6159 Broadway
Bronx, New York 10471
NO PERMrfNBCESSARY - TIDAL UETLAKDS ACT
Re: TI/ 15273-0114 Proposed accessory 8' x 16' building 13' from North Country Road 28
Town of Southold (Arshamomoque) New York
Dear Hr. Yuels:
This is to inform youthat we have determined that your proposal to construct
a 8' x 16' accessory building
has been reviewed and that it has been found that no permit is necessary under
Article 25 (Tidal Wetlands).
Assuming you have obtained any other applicable permit~youmay proceed~th
your project,
DA~rlEL ~. LARKIN
Regional Permit Administrator
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11~71
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
CHARLES GRIGONIS, .IR., CHAIRMAN
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
GERARD P. GOEHRINGER
,Joseph H. Sawick~
TYPE II ACTION DESIGNATION
NoTi'CE OF NO SIGNIFICANT EFFECT
UPON THE' ENVIRONMENT
Pursuant'to Section 617.13 of the New York State Environmental
Quality Review Act (SEQRA), Article 8 of the Environmental Conser-
vation Law, and Section 44-4 of the Southold Town Code, .the South-
old Town Board of Appeals has determined the following-described
project is classified as a Type II Action, not having significant
adverse effects upon the environment. Pursuant to Section 617.5(a)
of the New York State Environmental'Quality Review Act, no further
determination or procedure is required herein. This declaration
should not be considered a determination made for any other depart-
ment or agency which may also be involved or any other project not
covered by the within application.
Applicant has submitted an environmental assessment in the short
form which indicates that no adverse effects were likely to occur to
the environment. Applicant has submitted correspondence from the
N.Y.S. Dept. of Environmental Conservation indicating that no permit
is necessary under Art. 25 of the Environmental Conservation Law.
Ap.plicant'~s ~ame: NICHOLAS D. YUELYS. Appeal No. 2769.
Description of Project: Accessory building in frontyard area at
56005 C.R. 27, Greenport, NY; bounded north by L.I. Sound; west by
Candan; south by C.R. 27 (North Road); east by Atwan. County .Tax Map
Item No. 1000-44-1-19.
Date and Place of Public Hearing: Dec. 29, 1980, 7:50 pm at the
Southold Town Hall, Main Road, Southold, New York.
Documents on File: Appeal Application, Notice to adjoining prop-
erty owners with mail receipts, Surveys or Sketches of the proposed
project, Notice of Disapproval from the Building Inspector, Notice of
Hearing, Environmental Assessment in the short form, photocopy of the
County Tax Map showing this property and the surrounding area, and
other documents as may be required.
Person to Contact for Additional Information: Linda Kowalski,
Secretary to the Board of Appeals Town Hall,'"Main Road, Southold,
New York 11971. Telephone (516) ~65-1809' or 1802 (Building Inspector).
Dated: December 4, 1980.
Copies to:
Applicant or his agent.
Town Clerk's Bulletin Board.
Supervisor, ToWn of Southold.
,/
!NSTRIJCT !ONS:
(a) "I~ order tO answer the questions in this short EAF i~ ~s assumed
that' the preparer will use curren¢iy available information concerning the
projec~ and %he likely impacts of %l%e action. I~ is no~ expected %ho~
additional s~udies, r. eseorch or other investigations will be umder~oken.
(b) If any question has been answered Yes ~he projec~ may be
~i9nificon~ ond o comi>le~ed Environmental Assessmen~ Form is necessary.
(c) If all questions have been onswcred No i~ is likely %h0% %l~is
projec~ is.n°~ s~gnificont. .
(d) Environmental Assessmen~ ' '
1. ¥1ii1 projec% resul'{"in o large physical change
~o ~he project' site or physicolly ol~er more
~han 10 acres o~ lond? ......................... Yes~No
2. ¥lill ~here'be o major change ~o any unique or
· unusual land form found on the si~? .......... Yes ~ NO
3. Will projeC~ alter or hove ~ large' effect' on
existing body of water? .................. Yes ~ N~
Will project have o potentially large impoc~
on groundwater quality? ..............
5. ~ill project significantly eFFect d~a
flow on adjacent sites? ..............
6. Will project affect any threatened or
endangered plant or on,mol species?..
7. Will project result in o major advers
on air quality? .............. - ........
8. Will project have o major effect on
character of the community or scenic
......... Yes ~: No
~noge
· Yes ~ No
......... Yes X No
e effeb~
......... Yes X No
visual
views or
lO.
ll.
12.
13.
14.
15.
vistas known to:be important to the community? '____Yes:~:~o
Will project adversely impact any site or
structure of historic, prehistoric or
paleontological importance or any site
designated as a critical environmental a~ea
by local agency? ' ' Yes ~ No
¥till project have a major effect on existimg
or future recreational opportunities? ......... Yes~ No
%~ill project result in .major traffic problems
o~ cause a major effect to ex. isting
transportation systems? ....................... Yes
%~ill project .regularly cause objectlonoble
odors, noise, glare, vibration, or electrical
disturbance os o result of the project's
operation9 ' Yes ~ No
Will'project have an), impact on public health
or.safety? .................................... Yes ~ No
¥till p~oject affect the existing community by
directly causing o growth in permanent
population of more than 5 percent over a one
year period or hove a major negative effect
on ~he charact'cr of ~he community or
ne19hborhood? ................................. Yes ~ No
Is ~here public controversy concerning the
projeci? ...................................... ¥cs ~ No
REPRESEIITiNG. 14t~.tlotJJS I~ .
DATE Nov.
'C
NO. 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N. Y.
~tctgO
NOTICE OF DISAPPROVAL
File No ................................................................. Date '~ ~,,! 19
TO /VI (~/4 ~ I./~ , .~
~/ ~ ,~ .~
t
PLEASE TAKE NOTICE that you~ application dated
~ ~ ~ * :~ L~)~(~ .................................................... '
for permit to construct ........................................ at the premises located at ....................................
~~ ~O~M~-' ~PAI} g~reet
~op .................................... Block ............................................ Lot ................................................ is
returned herewith and disapproved on the follow;ng grounds ~ t'/' L: ~ ~'[-'''
/¢
Building Inspector
JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
Southold, L. I., N. Y. 11971
TELEPHONE
(516) 765-1801
December 3, 1980
To: Southold Town Zoning Board of Appeals
From' Judith T. Terry, Town Clerk
Transmitted herewith is Appeal No. 2769, application of Nicholas D.
Yuelys for a variance. Also included is letter from N.Y.S. Dept. of
Environmental Conservation, Short Environmental Assessment Form,
surveys and notice to the following adjoining property owners:
Alphonse M. Atwan, 50 Wimbledon Lane, Great Neck; Harint Candan,
North Road, Greenport, N.Y.
TOWN OF $OUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR
TO THE ZONING BOARD OF APPEALS, TOWN 0'F SOUTHOLD, N. Y.
Name of Appellon.t Street and Number
Bronx N .Y 10471
............................................................................................. ' ............................ HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO ..................................... DATED ...... ..O..c...t..o..b...e...r....3...1..,.....1..9...8..0. .........
WHEREBY THE BUILDING INSPECTOR DENIED TO
( )
( )
(~
NICHOLAS D.YUELYS
Name of Applicant for permit
of 6159 Broadway, Bronx, N.Y. 10471
Street and Number Municipality State
PERMIT TO USE
PERMIT FOR OCCUPANCY
PERMIT FOR CONSTRUCTION OF ACCESSORY BUILDING
1. LOCATION OF THE PROPERTY ....... ,.5..~005 ~ol~.ty Road 28 '~~.~..~,1~
........ ~r~'~i' ...................... ~ z°ning-'~[~ '
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 Ordi.nonce.)
Article III Section 100-32
3. TYPE OF APPEAL Appeal is made herewith for
()i ~ A VARIANCE to the Zoning Ordinance or Zoning Map
( ) A VARIANCE due to lack of access (.State of New York Town Law Chap. 62 Cons. Laws
Art. 16 Sec. 280A Subsection 3
4. PREVIOUS APPEAL A previous appeal <has ~a°t ~;. been made with respect to this' decision
of the Building~lnspector or with respect to this property.
Such appeal was ( ) request for a special permit
( ) request for a variance
and was made in Appeal No ................................. Dated ......................................................................
REASON FOR APPEAL
( ) A Variance to Section 280A Subsection 3
(xx) A Variance to the Zoning Ordinance
( )
is requested f~'the reason that the,,: .prov±sions of ~.oning ordinance forbids
location of an accessory zn the front yard and' the ordinance
states that it must be in the rear yard.
Form ZB1
other side)
the
REASON FOR APPEAL
o 0
· ,~..Continued ~ ...
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sory HARDSHIP because this home is small and lacks any storage area
and because it is loacted on thewater level-, an accessory building
cannot be built on the rear yard as required by the Zoning ordinance.
2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate
vicinity of this property and in this use district because
We are the %he only house in the area that is on a beach level
with an open-bottom that does have water in times of storm and stormy
high tides :and having only a front yard. The side yards being
to close to:the neighbors property to be able to construct. There is
no room to construct an accessory building except in the front yard.
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because The district and area is so built up that
it would be similar in all .respects .. to the other buildings. In fact
next door on the Atwan side a cottage and guest hOuse With a bathroom
has been installed and built right on the line. He also has a bathouse
and a .garage .in.. addition, to the main hOuse. Note also that he has
75 foot frontage and I have onlY 50 'foot frontage. Adjoining owners
are on high land (not adjacent owners) in the area and have considerable
more frontage so they can have basements and side yards to build
on. Therefore this building would not detract from or be in any way
a detriment to the area nor do we intend to use it for any guest
purposes or anything but storage. Furthermore the use of the storage
building would be more~beneficial for the actual use of the main
house, At this moment (winter) the boat is anchOred on sand and
the sail boat is in the porch rendering the house useless until
everything is taken out in the spring. The hOuse is not used in the
winter but any storage must be left in the open in the summer. This
accessory building is not a detriment to anyone.
COUNTY OF BRONX ) NICHOLAS D.5
Sworn to this ~.. .......................... day of .......................... ~.]~C.~...D~....~...D: .......... 19 80 /~ UNotar~ ......
~ ~ Iftle8 of New York
Mo. 0~-~18~80
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter of the Petition of
NICHOLAS D. YUELYS
to the Board of Appeals of the Town of Southold
TO: ALPHONSE M. ATWAN
50 Wimbledon Lane
Great Neck, N.Y. 11020
NOTICE
HARINT CANDAN
NORTH ROAD
GREENPRT, N.Y.
YOU ARE HEREBY GIVEN NOTICE:
1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold
to request a (Variance) (~[FoT~~~a~I)~ (the following relief:
~o construct an accessory building in the front Yard
adjacent to the lot owned by Ai~huz,~ M,~ ALw&n. )'
2. That the property which is the subject of the Petition is located adiacent to your property and is des-
cribed as follows:
The lot is 50 ft. wide fronting on the County Road and is located
between your lotS Rast of Candan and west of Atwan
3. That the property which is the subject of such Petition is located in the following zoning district:
Residential
4. That by such Petition, the undersigned will request the following relief:
Variance to construct an accessory building
in the front Yard on the Side lot line adjacent to
p~-ope~-ty belongin9- to
5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
Article III Sec. 100-32
signed are:
6. That within five days from the date hereof, a written Petition requesting the relief specified above will
he filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma), then and there
examine the same during regular office hours. · ~..
7. That before the relief sought may be granted, a public hearing must be held on the matter by the
Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such
hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the
Tow~outhold 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: ' December ~ 1980.
Petitioner NICHOLAS D. YUELYS
Post Office Address
61~9 Broadway
Brbnx~ N.Y. 10471
212 884-9330
NAME
PROOF OF MAILING OF NOTICE
ADDRESS
ALPHONSE M. ATWAN
50 Wimbledon Lane
Great Neck, N,Y. 11020
HARINT CANDAN
NORTH ROAD
GREENPORT, N.Y.
STATE OF NEW YORK )
COUNTY OF SUFFOLK )
No: 6 4 00 2 3
RECEIPT FOR CERTIFIED MAIL
NO INSURANCE COVEIL~,$E PROVlOEO--
NOT FOR INTERNATIONAL MAIL
(See Reverse)
~ENT TO ~
STREET AND NO. ~:1L --
~.0., STATE AND ZIP ~DE
~~/~ ~'
CERTIFIED FEE
= SPECIAL DELIVER~
~ ~EsTRiCTED DELIVERY
i ~ OEU~REO
~ ~ AOORE~ Of OELIVER~
~ ~W TO WH~, DATE, AND
'g ~ ~ ~ TO WHOM AND D~TE
~ ~ OEU~REO WITH RESTRI~ED
~ DELIVERY
kDDRE~ O~ OELIVERY WITH
8,j ~ ~ T0 WHOM, 0ATE AN0
, L R~I~O DELIVERY
SS.:
No. 640022
RECEIPT FOR CERTIFIED MAIL
NO INSURANCE COVERAGE PROVIDED--
NOT FOR INTERNATIONAL MAIL
(See Reverse)
~ENT TO
STREET AND NO.. ·
P.O.. STATE AND ZiP CODE
POSTAGE
CERTIFIED FEE
SPECIAL DELIVERY
~ RESTRICTED DELIVERY
~ DELIVERED
~ ~ ADORE~OF DELIVERY
-- ~ S~W TO WHOM ANO OATE
DELIVERED WITH RESTRI~O
, ~ DELIVERY
/ ~ ~T0~, ~ANO
~TH
%
3240 Tibbett Avenue, Bronx, N.Y.
NICHOLAS D. YUELYS ,residing at
, being duly sworn, deposes and says that on the ~ day
of December ,19 80 , deponent mailed a true copy of the Notice set forth on the re-
verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective
names; that~h~.~addres~es set opposite the names of ~id persons are the addresses of ~id Persons as shown on
~e c~eQt ~s~'.roll of
rice a~?~~d~LY ~C"-=~-%',~:": ~'-.J ~ ;that said Notices were mailed to each of ~id persons by
(ce~ifled)~b-~) mail. -
-
Sworn to before me this
day of ~ce~~ 1980 .
.v~
No.
~ ~ Bronx Coun,y
Southold Town Board~of Appeals
-3-
December 29, 1980
offer a resolution closing the hearing and reserving the decision.
MR. CHAIRMAN: Excuse me, is there anyone else to speak in
favor of this? Anyone to speak against this application? (There
was no response.) You may have to excuse us a little bit tonight,
we're all a little bit groggy, with a little bit of flu, and
something. I'll offer the resolution closing the hearing and
reserving decision, and referring it to the Planning Board.
MEMBER GOEHRINGER: Seconded.
On motion by Mr. Grigonis, seconded by Mr. Goehringer, it was
RESOLVED, that the decision on the matter of Peter V. Izzo,
Appeal No. 2765, be reserved and the hearing be declared closed.
Vote of the Board: Ayes: Messrs. Grigonis, Douglass, Goeh-
ringer and Sawicki. Absent was: Mr. Doyen.
PUBLIC HEARING: Appeal No. 2769. Application of Nicholas D.
Yuelys, 6159 Broadway, Bronx, NY 10471 for a Variance to the Zoning
Ordinance, Art. III, Sec. 100-32 for permission to construct acces-
sory building in the frontyard area at 56005 C.R. 28, Greenport, NY;
bounded north by L.I. Sound; west by Candan; south by C.R. 27 (North
Road); east by Atwan; County Tax Map Item No. 1000-44-1-19.
The Chairman opened the hearing at 7:50 p.m. by reading the
appeal application, legal notice of hearing and affidavits attesting
to its publication in the local and official newspapers, Notice of
Disapproval from the Building Inspector, and letter from the Town
Clerk that notification to adjoining property owners was made; fee
paid $15.00.
MR. CHAIRMAN: We have a County Tax Map showing the adjoining
area, and a sketch showing the present and proposed buildings, and
as Mr. Yuelys states there is 50' on. the North Road and probably
the same on the Soundfront. The lot is approximately 130' deep on
the shorter side and 143' on the longer side. Is there anything that
you would like to add to what you have stated Mr. Yuelys?
MR. YUELYS: I will say the hardship is unique. There are three
pieces of property on the North Shore on the beach side which have
50 feet frontage. My house is the only one that's built on stilts.
The other two homes are built strictly on the sand with the bulkhead,
and they have a basement and they have a built-in garage underneath.
I don't have that. I can't possibly go underneath because there are
water lines at front and I'm too close to the water. In fact I was
11' from the water on one stage. The water has risen up and has risen
up even now, if you go up there, the water has risen up above the
level of the house. So there is no way that I could use the underside
Southold Town Board !of Appeals -4- December 29 1980
(Mr. Yuelys continued:)
of the house. The s'ides of the house are too small to build an
accessory building. It's impossible because the house is 30 feet
and it only has enough room between the two sides to pass back
and forth, so we can't build on the sides. The only place I could
possibly build this would be in the front. The character of the
district would not change. My next door neighbor has a garage in
the front; he has a bathroom; he has a side-accessory building in
the back. He has another bathhouse in the back. All right down
the lane. It doesn't hurt anybody; it doesn't detract from anybody.
My situation is such a hardship that as soon as the weather becomes
bad, I must close the house entirely. There is no way I could put
it in the side and maybe come out in the Fall, in the Wintertime if
I want to come out. Right now my electricity is on. My porch is
all blocked up. All my bedrooms are all blocked up. I have a
wooden table. I have lawn chairs, as you all know in a beach house,
we have 15 or 20 beach chairs that are all in the house. There's
no way in the world I could possibly build this accessory building
anyplace but there. And there's no reason that I could, there's no
way I could possibly build it in any other place except there; and
it woul,d still render the character of the neighborhood the same.
In fact, by building this house it would even make it appropriate
with my neighbor's house, who was the only one that could possibly
object -- is the one that would be adjacent to his. But he built
his house right along the side line there. He has his. In fact
he's got four of them down the line. So-- I'm only going to use
this for storage. I don't want windows; I don't want anything--I'll
be needing it just to put in my equipment and everything else during
the summertime and during the wintertime.
MR. CHAIRMAN: All right, thank you. We have on file here a
letter to the Board of Appeals dated October 3rd, to the Chairman,
Town of Southold: "...Gentlemen: Several days ago our next door
neighbor, Mr. Nicholas Yuelys, was thoughtful enough to seek our
reaction to his place to build a storage shed in his frontyard and
directly adjacent to a legal building on our property. In that
connection we have this date written to Mr. Yuelys stating our ob-
jections to the location of his proposed building. We also told
him that because of our travel plans we could not De sure of receiv-
ing his mailed notice to us or reading the published legal notice
should he seek a variance. The location of the building he described
to us would block the windows and, therefore, effectively cut out
light and the prevailing flow of air in a building we have for years
used for resting and sleeping both night and day. We wish it to be
a matter of record, transmitted to you in advance and for the reasons
stated above, that we object and request that no variance be granted
for a building on that location should such a variance be sought.
Respectfully yours, signed, A.M. Atwan, Box 61, North Road, Southold .... "
MR. YUELYS: May I reply to that? This particular house that he
is referring to was built in 1973 with a Certificate of Occupancy
issued. At that time that house was not built the way it's built
now. Those windows were put-in three years later with a bathroom
Southold Town Board of Appeals
(Mr. Yuelys continued:)
-5-
December 29, 1980
because a C/O states specifically that the Suffolk County Health
Department approval not required. He didn't have the bathroom. He
put this in three years after he got the C/O. I wasn't making-- I
don't object to it. He put this right on the line. So he's got
an illegal building, uses a bathroom and a house. These particular
windows he is talking about, I spoke to him, I told him "Move them
up higher and it's ok." He didn't want to move them up because the
paneling inside he can't get. It's discontinued paneling. My
building is only 6'6" high on that side. I told him I will not
block his--I will only go up to the limit which I could build a
' fence on. I could go on the line, I explained to him, I could go
right on the line, the Code says I could go right on the line and
build a 6'6" fence which would block your windows--the height of
the top of the windows is 6'6" So I'm not doing anything, that,
I'm asking for anything I can't do without asking you. Now second
of all, three houses to the east a party has property of over 100'
frontage--he wanted to build a guesthouse. He wasn't within lO0'
feet of the nearest house where he wanted to build a guesthouse, he
~couldn't put windows into that particular place, and wanted .t.o use
as an accessory building. And he's using it as a storage hoUse, yet
Atwan, in violation of the ordinance, went an~ go ahead and put the
windows in, and he went and put in this bathroom. Furthermore I
have pictures to show that this particular side that he is coming
about, the windows, he's got the whole side of the house completely
open. There's a window facing frontwards. On the other side of
the house, which I have other pictures, he shows he's got another
window which he has completely open. So he has one window, another
window, and he's got these two windows, which if you've seen them,
they're very small, tiny windows, they're not even worth talking about.
MR. CHAIRMAN: We went up there.
MR. YUELYS: And these are the two windows that he is complaining
about I might be blocking. Which I could block anyway if I wanted to
block it. So I don't see why he's complaining. Meanwhile he's got
his accessory buildings and it's ok. "Now I've got mine, you can't
have yours." He's got 75' frontage; he's got a main house; he can
build in the front and the side if he wanted to build. Yet he built
them right on my line. Now he says, that I have no room for anything,
he says I shouldn't build now because I might block his two windows.
I don't think that it's fair what he's doing.
MR. CHAIRMAN:
against this?
Is there anyone else that wants to speak for or
STANLEY CORWIN, ESQ.: My name is Stanley Corwin; and I am here
representing Mr. Atwan. You may recall in his letter he indicated
that he might not be getting a notice of the meeting. He finally did,
but he was spending the holidays with his family in Ohio, and he was
trying hard to get out of there today; he may still walk in here. But
Southold Town Board of Appeals
-6-
December 29, 1980
(Mr. Corwin continued:)
he asked me in a telephone call this afternoon to come by and take a
look at the file and to speak in his behalf at the meeting tonight.
Unfortunately the sketch that accompanies Mr. Yuelys' apPlication
does not show the buildings on the adjacent property. A site plan
related to the dwellings on the east and the west would show that
the location selected by the applicant is the worst possible one.
On the southwesterly corner of the Atwan property there is a building,
the southerly end of which is a framed storage garage, and the north-
erly end of which is abed, living room. That's the one that Mr.
Yuelys refers to as being there to some respect illegally. It is
not, and the records of this Town will show that everything that he
did there that required a permit was done with one. And I take
exception to Mr. Yuelys' remarks that the building there is improper.
Incidentally the garage was there before zoning. Now there are two
windows on the westerly side of the northerly end of that building
supplying both light and air, as the Board is aware, that the pre-
vailing winds in the summertime when these houses are occupied is
from the southwest. If the Yuelys' application were to be granted
and the building shown on his papers on file were to be const'ructed,
it would effectively cut off an essential supply of light and air
to the Atwan accommodations, which Mr. Atwan in communications to
the Board referred to as a resting and sleeping area day and night.
In behalf of the Atwans, then I do vigorously oppose the granting
of the application in the form in which it is made. However, my
clients recognize that their friend Nicholas stated a legitimate
case for a real need of storage space. They realize too that it
can be only placed in his frontyard. Moreover, they realize that
if their property were presently vacant, they wish to construct
the buildings as they presently are, they could do so only if a
variance were granted for that. And therefore their Objections are
limited, believing that the southwesterly corner of the Yuelys'
property would be an accessible location for a storage building.
They go on record as saying that they would have no objection to
the application being granted, on the condition that the building
be placed.on the southwest corner. Now the Candan property adja-
cent on the west in that area is a dug out entrance to a garage
under the dwelling. The dwelling itself would not at all be inter-
ferred with in'any significant way. The acts of government are
necessarily often arrived at in the spirit of compromise, and I
believe that neighbors dealing with government regulations in the
zoning variance should also approach a solution in the spirit of
compromise. We think Yuelys should be given some relief in the
form of the strict application of the law to a small lot, but we
believe that it's between the applicant and both of his neighbors
the place should be selected for the granting of that relief which
would least infringe on the existing building. Thank you.
MR. CHAIRMAN: Thank you, Mr. Corwin.
MR. YUELYS: I'm not here about where my lot should be built,
but if I build where they want to build on the other side, I might
Southold Town Board of Appeals
-7-
December 29, 1980
(Mr. Yuelys continued:)
as well destroy my whole front yard, because there is no more lawn.
I got 50'. I'm the only one there with 50' in the front that has a
lawn, and I did that by getting bulldozers to come in and to dig it
up and put topsoil down to make that lawn. A specific purpose so
that I could have my picnic, my tables, my chairs there.
MRS. YUELYS: It would also block the house.
MR. YUELYS: It blocks my house too on my side, too, I have
windows also on that place there. We could also put on that point.
Whereas those windows that he has there are totally unnecessary, and
they weren't put in there until after the C/O was granted. And in
this I could swear, as the lawyer mentioned there, I have the records,
I have the C/O right here. I'm not coming in here and saying some-
thing not knowing what it is. I checked the whole record. This bath-
room was put in and I even asked Atwan personally, and he told me,
"I do not require a permit, nor do I require approval because I had
it in the 1973." So that is because the whole thing was put in
illegal~ly and he shouldn't have put it in in the first place because
if I had known about it, I would have objected to the windOws.
Those windows actually caused me trouble. In the sense that he
comes up and he tells me that I'm doing something in the frontyard--
I'm making noise. I'm not doing it to be vindictive, I'm doing it
because I have a unique and a hard problem. I just have no place
to put anything. And I don't want to destroy my lawn. If I put
it there, it matches it. I got pictures, I'll show it. And it
matches it perfectly--I'll put it in the same way so it'll look
good on both sides. I put it on the other sides it'll look like
a monstrosity--changing the whole character of the neighborhood.
There's only one place where I could really put it, that's
where I've elected to put it.
MR. CHAIRMAN: Well, we were down, and we looked the property
over. We're fully aware of the what the situation is, as far as
property wise goes down there. Is.there anyone one else who would
like to speak in either way on this? Do any of you gentlemen have
any questions?
MEMBER GOEHRINGER: My questions have been answered.
MR. CHAIRMAN: I'll offer a resolution, we're running a little
behind, to close the hearing and reserve decision.
MEMBER DOUGLASS: Seconded.
On motion by Mr. Grigonis, seconded by Mr. Douglass, it was
RESOLVED, to close the hearing and reserve decision in the
matter of Nicholas D. Yuelys in Appeal No. 2769.
Vote of the Board: Ayes: Messrs. Grigonis, Douglass, Goehringer
and Sawicki. Absent was: Mr~ Doyen.
~outhold Town Board;of Appeals
-8-
December 29, 1980
PUBLIC HEARING: Appeal No. 2767. Application of Wilbur A.
Baldwin, 1725 NassaO Point Road, Cutchogue, NY 11935 for a Variance
to the Zoning Ordinance, Art. III, Sec. 100-31 for permission to con-
struct attached garage with an insufficient sideyard setback at
1725 Nassau Point Road, Cutchogue, NY; more particularly known as
Nassau Point Club Properties Lot No. 1; County Tax Map Item No.
1000-104-13-2.4.
The Chairman opened the hearing at 8:ll p.m., and read the appeal
application in its entirety, legal notice of hearing and affidavits
attesting to its publication in the local and official newspapers,
Notice of Disapproval from the Building Inspector, and letter from
the Town Clerk that notification to adjoining property owners was
made; fee paid $15.00.
MR. CHAIRMAN: We have a map of the property showing the construc-
tion proposed, and a County Tax Map of the area showing this property
and the surrounding lots. Is there anyone here that wishes to speak in
favor of this application? Yes, sir?
WILBUR A. BALDWIN: My name is Wilbur A. Baldwin. My~.ireason is, I
think, very basic for requesting the variance. My existing home is
1169 square feet, is a very small home and habited by four people, and
we have two automobiles as I have stated. I am desperate for storage
space. The property layout and location of the home is unique in the
sense that all of my property is considered frontyard by the Town rules.
Any place that I chose to ask for permission to erect a garage would
still require a variance, no matter where it is located because it's all
frontyard. The reason for selecting this area is the proximity to the
entrance to my house; it would do the least amount of damage to tearing
up my property, which I have sprinkler systems and underground wiring.
I have a leeching system that comes out to the whole back end of the
house, complete with a septic holding tank and the five rings. It
would enhance the appearance of my home and also serve the function of
driving up and then leaving the garage and then going immediately into
my home. The south side of my home is going to be the future home of a
solar unit, which I intend to solarize the whole house. The purpose of
the garage being on the northwest side is so I can.kill the wind which
kills me there because I'm right on the water, and I have total phobia.
If I eliminated that and also provide the solar activity, I should be
in very decent shape. My property line, excuse me, on the lefthand
side, the proximity of where I'm requesting to put the garage will be
one corner of the garage, would be 20" from my fence. My fence is ap-
proximately a foot to 1-½ feet inside the property line, and the other
side of the property is the Old Nassau Point Road, () beach owned by
Nassau Point Property Owners Association. The location of my garage
would not in any way be obtrusive or of inconvenience to anybody. It
will not have any running water in it; it will not have any heat; and
it will be used for nothing but storage and garage purposes. That's
the reason I feel that this request should be granted. Thank you. ~
MR. CHAIRMAN: Thank you. How big would that solar addition at
the other end of the house be, roughly?
COUNTY OF SUFFOLK
DEPARTMENT OF PLANNING
(516) 360-5513
LEE E. KOPPELMAN
DIRECTOR OF PLANNING
Town of Southold
Board of Appeals
January 22, 1981
Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter,
the following applications 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 Municipal File Number
Wilbur A. Baldwin
James P. Latham
~/~icholas D. Yuelys
2'767
2768
2769
GGN:jk
Very truly yours,
Lee E. Koppelman
Director of Planning
Ci--J:L~F PLANNER
VETERANS MEMORIAL HIGHWAY
HAUPPAUGE. L. I., NEW YORK
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF. SUFFOLK
NICHOLAS D. YUELYS,
against
Petitioner
x
CHARLES GRIGONIS JR., Chairman, JOSEPH SAWICKI,
SERGE DOYEN, ROBERT J. DOUGLASS and GERARD
GOEHRINGER, constituting all the members of
THE ZONING BOARD OF APPEALS OF THE TOWN OF
SOUTHOLD,
Respondents
x
NOTICE OF PETITION
SIRS:
I~LEASE TAKE NOTICE that upon the annexed petition of NICHOLAS
D. YUELYS, verified on the 16th day of November, 1981 and all the attach-
ments thereto, includinq the decision of the ZONING BOARD OF APPEALS OF
THE TOWN OF SOUTHOLD, dated October 21, 1981, an application will be made
to this Court at a Special Term Part I thereof, to be held at the court-
hOuse ~hereof, located at Griffing Avenue, Riverhead, New York on the
22nd day of December, 1981 at 9:30 o'clock in the forenoon of that day or
as soon thereafter as counsel may be heard for a judgment granting the
relief demanded in the petition and directing that the decision of the
ZONING BOARD OF APPEALS ~OF THE TOWN OF SOUTHOLD, be annulled, vacated and
set aside, and that the said ZONING BOARD OF APPEALS OF THE TOWN OF SOUTH-
OLD be ordered, directed and required to issue or direct the issuance of
an ap[~ropriate building permit for the petitioner in accordance with his
application therefor, or and together with any further or different relief
which to this Court may seem just and proper herein, and
I~I,EASE TAKE FURTHER NOTICE that pursuant to Section 7804 (c),
the r~s~,ondent shall serve its answer and supporting affidavits, if any~
-1-
at least.days, before such time.
Dated: New York, N.Y.
November 16, 1981
Yours etc.,
NICHOLAS D. YUELYS
Attorney for the Patitioner
Office & P.O. 'Address
6'159 Broadway
Bronx, N.Y. 10471
212 884-9330
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
NICHOLAS D. YUELYS,
against
Petitioner
CHARLES GRIGONIS JR., Chairman, JOSEPH SAWICKI,
SERGE DOYEN, ROBERT J. DOUGLASS and GERARD
GOEHRINGER, constituting all the members of
THE ZONING BOARD OF APPEALS OF THE TOWN OF
SOUTHOLD,
-x
Respondents
-x
pETITION
TO THE SUPREME COURT OF THE STATE OF NEW YORK, COUNTY OF SUFFOLK
fo1 lows:
The petitioner, NICHOLAS D. YUELYS, respectfully alleges as
1. Petitioner is the owner of premises situated in the Town of
SOuthold, Suffolk County, State of New'York, and the premises are located
On County Road 48, also known as North Road, having house number 56005.
On the County Tax Map 1000 as Section 44, Block I, Lot 19, and annexed
hereto with a legal description is a copy of the deed, marked Exhibit A,
showing that petitioner became the owner on September 9, 1963 and is stil
the owner.
2. That said respondents at all times herein mentioned constit-
uted all the members of the ZONING BOARD OF APPEALS OF THE TOWN OF
SOUTHOLD, of which Board the respondent, CHARLES GRIGONIS, JR. was and
still is Chairman.
~. Petitioner is the owner of a one family house located on
the l~emis~ described in Exhibit A and a survey showing its loca-~ion
is an;]~xed hereto as Exhibit B.
4. Respondent first applied for a buildinq permit to add an
accessory building on his property on October 31, 1980 which was dis-
approved by the building inspector because it violated Article III,
Section 100-32 of the Code of the Town of Southold, in that an accessory
building in the front yard is not permitted. An appeal (No. 2769) was
then filed to The Zoning Board of Appeals for a variance and which after
a hearing, was denied without prejudice by the Board's decsion dated
January 13, 1.981, a copy of which is attached hereto as Exhibit C.
5. In order to overcome the objections of the Board as set
forth in Exhibit C,' namely,;
"The Board finds that detriment to adjoining properties
will be created if the variance is granted as applied
for; that a substantial change in the character of the
neighborhood will be produced; and that the interests
of justice will not be served by the granting of the
relief requested herein."
petitioner filed for a building permit for a garage and an accessory
building to the Building Department on September 14, 1981 and which was
disapproved by the Building Inspector the same day as shown on Exhibit
D, attached hereto, based on the same violation in that an accessory
building is only permitted in the rear yard, unless a variance is granted
6. An appeal to the Zoning Board of Appeals of the Town of
Southold, Appeal No. 2886, was taken from said disapproval wherein the
relief sought was as follows:
(a) An accessory building, a permitted use under Article III
Section 100-30 of the Code of the Town of Southold, to be built in the
front yard.
(b) An area variance to permit the placement of an accessory
bu~ ldinq in the front yard.
7. A copy of said appeal, as filed, is annexed hereto under a
separate white back cover and marked Exhibit E, with the top page
showinq the instructions of the Zoning Board of Appeals of the Town of
Southold.
-2-
8. Petitioner duly complied with the instructions and filed
his appeal and a hearing was held on October 15, 1981 before the Zoning
Board of Appeals of the Town of Southold, and said Board by resolution
filed its deciSion, a copy of which is annexed hereto as Exhibit F,
denying the request for a variance.
9. That evidence was duly presented to the Zoning Board of
Appeals showing facts upon which the petitioner's application should
have been granted and petitioner herein realleges and reaffirms such fact~
as follows:
(a) The requirement of a hardship or practical difficulty has
been met in both the prior application, wherein in the decision dated
January 13, 1981 (Exhibit C) it is stated:
"The Board recognizes appellant's need for a storage
area, however are not in agreement with the sole
location requested in the within application"
and again in the decision, which is the subject of this Article 78
proceeding, dated October 21, 1981 (Exhibit F), it is stated:
"However the BOard does recognize the apPellant's
need for a storage building but does not agree with
the specific location."
(b) The fact of it being unique so as to require it to
be built in the front yard is self evident inasmUch as petitioner does
not have a rear yard, being located right on the ground level of the
beach fronting on Long Island Sound and the closeness of the waters
of Long Island Sound.
(c). As to why the character of the propertY and district will
not b~ chan~ted, a reading of the decision dated January 13, 1981,
thc? i~-ior a~T~]ication was denied in a conclusory statement reading:
". ...... that a substantial change in the character of
t~he neighborhood will be produced; and that the interests
of justice will not be served..."
-3-
There were no reasons or basis for that conclusion in the record.
Nevertheless petitioner to overcome those conclusions filed
the application which is the subject of this Article 78 proceeding. In
paragraph 3 of the appeal application which was sworn to on September 11,
1981 by petitioner, the applicant in his.opinion as a Licensed Profession~
al Engineer of the State of New York, set forth that the'construction
would not change the character of the district in any respect. Furthermore
as filed in the appeal, petitioner further consulted an architect as to
that part'of the instruction requirements with the same results. There
was no evidence of any kind given at the hearing in opposition to those
statements and opinions. The Board in its decision gave as its conclusion
that a substantial change in the character of the neighborhood will be
produced. There were no reasons or basis of same given. Also this is no
basis for a denial as set ~forth later in a discussion of the law.
(c) As to the interests of justice referred to by the decision
which is a conclusion that can be abused when used and no reason, basis
or criteria is set forth , as in this case. In any event discussing it
we have an adjoining owner who appeared in opposition. At the first hear-
ing he appeared by a local attorney and at the hearing subject to this
review he appeared personally and the same local attorney also spoke in
opposition. This adjoining owner has an accessory building on the side
as shown by the only Certificate of Occupancy on file, attached hereto
as Exhibit G. At the time of the hearing there was no denial that this
bui]d~nq was used as a guest house and that there was no Certificate on
file t:or its use as such. Yet the Board finds in the interests of
justice that the accessory building should not disturb this neighbor.
This is implicit in its findings. A reading of the oral minutes at the
-4-
hearing shows that petitioner answered every objection of the neighbor
even to the extent changing the construction to brick or concrete block.
Petitioner has bent backwards to permit the neighbor to make use of his
accessory building, in what petitioner believes is definitely an illegal
use.
(d) The conclusions of the Zoning Board of Appeals of the Town
of Southold were the result of prejudice, arbitrary and capricious and
should be annulled and reversed.
10. A brief summary of the law in these matters is set forth:
The case of Zebrowski vs. Herdman, 339 NYS(2) 989,dealt in depth
specifically stating (which also applies to this case):
"The Zoning Ordinance, therefore recognizes and permits
the use requested by petitioners under special permit
as consistent and in harmony with the over-all zoning
plan. Petitioners, under these circumstances, are not
obliged to demonstrate that the Zoning Ordinance imposes
unnecessary hardship or practical difficulties, Syosset
Holding Corp. v. Schlimm, 15 Misc. 2nd 10, 159 NYS 2d
88, aff'd. 4 A.D. 2d 766, 164 NYS 2d 890 (2nd Dept. 1957)
and a special permit cannot be witheld on that basis.
Concerning the Zoning Board's findings of fact, set forth
above, they disclose no evidence upon which they are based
and are .mere conclusions restating the language found
in the Zoning Ordinance, Hatten v. Silver, 19 Misc.2d 991,
197 NYS 2d 535 (1959)."
The decision went on further to state:
"In respect to the area variance application, the petitioner
need only show "practical difficulties" to support its
request for the variance. Bronxville v. Francis 1 AD 2nd
236, 150 NYS 2nd 906, aff'd 1 NY 2d 839, 153 NYS 2d 220,
135 N.E. 2d 724 (1956).
Concluding the opinion went on:
"In the absence of any demonstration or claim by the
Z~)ninq Board that public health, safe~y and welfare will
b~. served by denying the variance, Fullinq v. ~alumbo, .-
2] NY 2d 30, 286 NYS 2d 249, 233 NE 2d 272 (1967), petitioners
have met their burden and justified their right to an
area variance.
For the reasons set forth above, the Zoning Board's
determination is found to be arbitrary, and capricious
and an abuse of discretion. The determination should be
-5-
annulled and the Zoning Board is directed to issue
a special permit and area variance in accordance
with the petitioner's application dated August 17, 1971".
The Board of Appeals derives its powers and is bound by
Section 267 (5) of the Town Law and the pertinent part reads:
"Section 267. Board of Appeals
5 .............. 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,
construction or 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."
Substantial justice to be done would permit petitioner to
build an accessory building in the front yard , the same way my neighbors
have done.
Since the case cited cites Court of Appeals cases in support
of its f~ndings, which have not been reversed, it would be only repetitiol
that the Zoning Board of Appeals acted arbitrary and capricious and under
an error of law. (Section 7803 (3) of the CPLR).
11. We have a further problem here in that the determination
made as a result of a hearing held, and at which evidence was taken,
pursuant to a direction by law, on the entire record, not supported by
substantial evidence. It is Conceded that the Board may examine the
prop~,rty, consult and otherwise observe in order to come to their
deci~ion but their findings cannot be wholly conclusory with no reason,
~.,vid~nce upon which they come to their decision.
The relief sought herein, if granted, would not cause
substantial injury to the value of the property in the area, inasmuch as
it is prevalent throughout with accessory buildings, and would not
-6-
impair the public health, safety or welfare of the Town since the constru-
ction of an accessory building does not touch even remotely upon those
factors.
13. The said action and determination of the Zoning' Board of
Appeals, was and is unsupported by substantial evidence, is illegal,
arbitrary, capricious, imprope~r and an abuse of its discretion. The actior
taken by the Zoning Board of Appeals has deprived your petitioner of the
right to make use of the property by denying this variance.
14. That thirty days have not elapsed since the filing of the
decision of the Zoning Board of Appeals of the Town of Southold and no
previous application for a court review of the decision of the Zoning
Board of Appeals has been made.
15. That the determination made as hereinbefore described was
not made in a civil action or special proceeding by a court of record
or a judge of a court of record; that it was not made in a criminal matte ;
that it finally determined the rights of the petitioner with respect to
the matter to be reviewed; that it cannot be reviewed by an appeal to a
court or to some other body or officer; that the Board making the deter-
mination set forth is not authorized by statute to rehear the matter
upon the application of the petitioner, and the only remedy petitioner
has is this Article 78 proceeding.
WHEREFORE , your petitioner prays that pursuant to the pro-
v~s~ons of the statute in such cases made and provided, a judgment be
enter~d herein, directing that the decision of the Zoning Board of
Apl3~s of the Town of Southold be annulled and that its determination
that the [3et~t~oner sha].l not have a variance be reversed, and that th~~
Zonin~ Board of Appeals of the Town of Southold be ordered, directed
-7-
and required to issue or direct the issuance of an appropriate building
permit for the petitioner in accordance with his application for the loc-
ation of an accessory building in the front yard; and prays that this
court at a Special Term dispose of this cause on the merits determining
all questions which may be presented for determination under Section
7803 of the CPLR directing the variance herein for the purposes herein
sought, together with such other further or different relief which to
this court may seem just and proper.
Dated: New York, N.Y. ~~
November 16, 1981
STATE OF NEW YORK
COUNTY OF BRONX
SS:
On November 16, 1981 before me personally came NICHOLAS
D. YUELYS to me known to be the person described in and who executed
the foregoing petition. Such person duly swore to such instrument
before me and duly acknowledged that he executed the same.
]ROBBRT J. RUBINSTEIN
No. O~ - I18i80
5, t.mJ.ud N. Y. B. T. U. Form 8007 * 3.63-20M-Bargain and Sale Deed. with Covenant against GramoFs Acts-Individual gr Corporation.
CONSULT YOUR LAWYER BEFORE SIGNING THIS.INSTRUMENT--THIS INSTRUMENT SHOULD RE,USED B? LAWYERS ONLY.
THIS II~iD~RF-~ nmde the ~;v//
"~ day o£ September , nineteen hundred and sixty-three
BETWF.~ OTTO W. SCK6FER, devisee under the Last Will and Testament
of Emma T. Schafer, deceased, residing at East Marion, Town
of Southold, Suffolk County, New York~
party of the first part. and NICHOLAS~YUELYS, residing at 32~0 Tibbett Avenue,
Bronx 63, New York,
party of the second part,
I~ESSEI~, that the party of the first part, in consideration of
One ($1.00) dollars,
lawful money of the United Statesllnd other good and valuable consideration paid
by the party of the second part, does hereby grant and release unto the ,party of the second part, the heirs or
successors and assigns of the party of the second part forever,
ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate,
lying andbeingk~ at'Arshamomoque, Town of Southold, County of Suffolk
and State of New York~ bounded and described as follows:
BEGINNING at a point located on the north side of North Road where
the same is intersected by the east side of land now or formerly of
Avedon and formerly of Corwin, which point is marked by a concrete
monument set at the southwest corner of the premises about to be de-
scribed;
T~ENCE north 13 degrees 56 minutes ~0 seconds west along the e~.sterly
side of said land now or formerly df .Avedon and formerly of Corwin
130.0 feet to the mean high water mark of Long Island Sound;
'?HENCE along said mean high Water mark of Long Island Sound on a tie-
l~ne course of north 69 degrees 12 minutes ~0 seconds east 50.36 feet
to land now or formerly of Atwan and formerly of Jensen;
T}iENCE south 13 degrees 56 minutes hO seconds east.along said land
now or formerly of Atwan and formerly of Jensen 136.0 feet to the
north side of North Road;
~HENCE south 76 degrees 03 minutes 20 seconds west along the north
side of North Road 50.0 feet to the point or place of beginning.
/
T~F..~ with all right, title and interest, i£~ an)', of. the party of the first part in a~ to an~ streets and
roads abutting the above described premises to the center lines thereof,
T~ with the appurtenances and all the estate and rights of the party of the first part in and to
said premises,
TO HA~/E AND TO HO'I~ the premises herein granted unto the Party of the second part, the heirs or
successors and assigns of the party of the second part forever.
AND the party of the first part covenants that the Party of the first part has not done or sUffered anything
whereby the said premises have been incumbered in any way whatever, except as aforesaid.
AND the party of thc first part, in compliance with Section 13 of the Lien Law, covenants that the party of
thc first part will receive thc consideration for this conveyance anti will hold the right to receive such consid:
eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will appl)~
the same first to the payment of the cost of the improvement before using any part of the total of the same for
any other purpose.
The word "party" shall he construed as if it read "parties" whenever the sense of this indenture so requires.
IN ~ WHEREOF, the Party of the first Part has duly executed this deed the day and year first above
written.
IN PRESENCE OF:
~ ~e 9th ~y ~Seotember 1963 , ~o~
~n~ly
~'T0 W. SCribER
to ~ known to ~ the indi~dual d~cfi~d in and who
~t~ the for~ng instrument, and a&~wl~g~ t~t
~ut~ ~e ~e.
- Nota~}ub'lic, muffolk~Co.
GfORG~ ~. McMANN, Jrt.
NOTARY PUBUC, Sta~e o~ New Y~k
No. 52.2633535 S~ffolk Coo~ty. _
~mmi~ion ~pi~ March 30, 19~-~
STATE OF NEW YORK, COUNTY OF ss:
On the day of 19 , before me
personally came
to me known, who, being by me duly sworn, did depose and
say that he resides at No.
that he is the
of
· , the corporation described
in' and which executed the foregoing instrument; that he
knows the seal of said corporation; that the seal affixed
to said instrument is such corporate seal; that it was so
affixed by order of the board of directors of said corpora-
tion, and that he signed h name thereto by like order.
STATB OF NEW YORK, COUNTY
On the ' day of
personally came
19 , before me
to me knOwn to be the individual described in and who
executed the foregoing instrument, and acknowledged thag~
executed the same.
STATE OF NEW YORK, COUNTY OF
On the day of 19 , before me
personally came
to me known, who, being by me duly sworn, did depose and
,say that he resides at No.
;
that he is the
of
, the corporation described
in and which executed the foregoing instrument; that he
knows the seal of said corporation-; that the seal affixed
to said instrument is such corporate seal; that it was so
affixed by order of the board of directors of said corpora-
tion, and that he signed h name thereto by like oi'det.
TOWN OF SOUTHOLD, NEW YORK
ACTION OF THE ZON/~qG BOAKD OF APPEALS
Appeal No. 2886 by application Dated September 14,
ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD
To Stanley S. Corwin, Esq. as attorney for
Mr. Nicholas D. Yuelys
1981
Appellant
at a meet/ng of the Zoning Board of Appeals on October 15, 1981
was considered and the action indicated below was taken on your
( ) Request for variance due to lack of access to property
( ) Request for a special exception under the Zoning Ordinance
(X~ Request for a variance to the Zoning Ordinance Art. I II, Sec.
( )
100-32
the appeai
1. Sm~i~ ~~l~l'~yaX~:N~eX~X-~a~X~~~~X~tlon ( ) be
~an~d ( ) be denied pursuant ~ Artic~ .................... Sect~n .................... Subsection .................... para~aph
.................... of the Zoning O~inance and the deds~n of the Building Inspec~r ( ) be ~ver~d ( ) bo
d~X~m~e Public Hearing 10/15/81: Application of Nicholas D.
Yuelys, 56005 County Road 48, Greenport, NY for a Variance to the
Zoning Ordinance, Article III, Section 100-32 for permission to con-
struct accessory building (garage) in the frontyard area at 56005
County Road 48, Greenport, NY; bounded north by L.I. Sound; west by
Chudan; south by C.R. 48; east by Atwan. County Tax Map Item No.
1000-44-1-19.
(SEE REVERSE SIDE)
2. VARIANCE. By resolution of the Board it was determined that
(a) St~ct application of the Ordinance (would) (would not) produce
hardship because
(SEE REVERSE' SIDE)
practical difficulties or unnecessary
(b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties
alike in the immediate vicinity of this property and in the same use district because
(SEE REVERSE SIDE)
(c) The variance (does) (does not) observe the spirit of the Ordinance and
change the character of the district because
(SEE REVERSE SIDE)
(would) (would not)
and therefore, it was further determined that the requested variance ( ) be granted (
that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed.
) be denied and
CG: lk
FORM ZB4
ZONING BOARD OF APPEALS
Appellant has appealed to this Board seeking a variane~ ~o'~
constrUct an accessory building, to wit, garage, in the frontyard
approximately 13 feet north of the County Road and approximately
two feet from the easterly property line. Section 100-32 of the
Zoning Code permits the construction of an accessory building in
the rearyard and such building shall be set back not less than
three feet from any lot line.
The premises in question is a parcel of land located on the
north side of County Road 48, Greenport (Suffolk County Tax Map
District 1000, Section 44, Block 1, Lot 19); and is bounded on
the north by L.I. Sound; west by Candan; south by County Road 48;
east by Atwan. There is presently erected on the lot a private
one-family dwelling. The dwelling is set back approximately 30
feet. The lot contains an area of approximately 6,650 square feet.
Appellant previously applied to this Board to locate the
accessory structure (storage building) in approximately the same
location as applied for herein. The previous appeal (No. 2769 was
denied without prejudice on December 29, 1980, one of the reasons
being the location did not appear to be the most feasible under
the circumstances.
The existing dwelling contains a square footage of approxi-
mately 1,020 square feet and the proposed accessory garage would
contain an area of approximately 360 square feet.
Appellant's house is so situated on the lot such that the
width of the easterly side yard is approximately eight feet, and
the width of the side yard at the west of the house is approximately
five feet at its nearest point. Appellant in his appeal has set
forth the reasons for locating the accessory building as applied
rather than in the required rear yard. All of the members of this
Board have visited the site and are familiar with the structure
located thereon as well as the terrain and the closeness of the
waters of the L.I. Sound.
Appellant has testified that he does not wish to locate the
accessory building in any area other than as applied, and the
Board does not agree with appellant's reasoning on this particular
location.
The Board finds and determines that a detriment to adjoining
properties will be created if the variance is granted as applied
for; that a substantial change in the character of the neighbor-
hood will be produced; that a more feasible location of the
proposed structure may be obtained, under the circumstances;
that the structures would exceed the maximum permitted 20% lot
coverage requirements of the zoning code; and that the interests
of justice would not be served by granting the variance as applied
for. However, the Board does recognize the appellant's need for a
storage facility but does not agree with this specific location.
On motion by Mr. Grigonis, seconded by Mr. Douglass, it was
RESOLVED, that the application of Nicholas D. Yuelys, in
Appeal No. 2886 be denied as applied for.
Vote of. the Board: Ayes:
ringer, Sawicki and Grigonis.
Messrs. Doyen, Douglass, Goeh-
ECEIVED AND FILED BY
TPL SOUTHOLD CLEPi
DATE/ / SOURJS
Town Town o!
APPROVED
Chairman Board
-, FORM.NO.
File No...
'ro
TOWN OF SOUTHOLD
BUILDING DI~ISARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
Building Inspector
RVI/80
YOB~ NO. 4
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
Town Clerk', Office
Southold, N. Y.
Certificate Of Occupancy
No. Z52~)~ Date July 2~
......................................... , !9 73
THIS ~ERTIFIES that the building located at... ~.6.0.~..~..C.o..un..t.y..F.,?.a.d. .... Street
Map No.. ! .......... Block No ........... Lot No ..................................
conforms substantially to the Application for Building Permit heretofore ~ed in this office
dated ...1-~y..~Q ............ , 197.1.. pursuant to which Building Permit No.
dated .. ~'~Y. lQ .............. , 19 7J..,"was issued, and confOrms to all "of ~e require-
ments of the applicable provisions of the law. The occupancy for which this certificate is
issued is . i...AC~:.eS~O~. ~i,~,~l~lg .............................................
T~e cemfi~ate is issued to ....... ~q~. ~e~OW~...A../C., ~.h.o..~.~.e..A....t~..,,,..C~...~.
' (owner, lessee or tenant)
of the aforesaid building.
co ty De =t-of ...... . .........................
UNDERWRFrERS CERT~CATE , :
HOUSE NITMBER .. %.6.0.~% ...... Street . .C°u~t~r. Ro~d. 2-7....C.u.t..~..og.u.e.,..N.:Y. :...
Building. Inspectort
Index , ~ ~ Year19
SUPREME CO~RT OF T~E STATE OF NEW YORK
COUNTY OF SUFFOI~
NICHOLAS D. YWELYS,
against
Petitioner
~S GRIGONIS JR., Chairman, JOSEPH SAWICKI, SE~GE
DOYEN., ~OBE~T J. DOUGLASS AND GEPJ~D GEOHRINGER,
~on~tu~ &11 the members of the ZONING BOARD OF
AP~ OF THE TOWN OF SOUTHOLD,
ART-~CLE 78 P~0CEEDING
NOTIC~ OF MOTION, ATTACHEMENTS , EXHIBITS AND PETITION
Attorney for
NICHOLAS D. YUELYS
Petitioner
6159 BROADWAY
BOROUGH OF BRONX, NEW YORK 10471
(212) 884-9330
To:
Attorney(s) for
Service of a copy of the within
PLEASE TAKE NOTICE
[]
NOTICE OF
ENTRY
NOTICE OF
SETTLEMENI at
O~
that the within is a (certified) true copy of a
entered in the ol~ee of the clerk of the within named court on
that an Order of which the within is a true copy will be presented for settlement to the Hon.
one of the judges of the within named Court,
19 , at M.
19
Dated:
NICHOLAS D. YUELYS
Attorney for
6159 BROADWAY
BOROUGH OF BRONX, NEW YORK 10471
To:
Attorney(s) for
N 912 CL
COPYRIGHTe 1973 BY ALL-STATE LEGAL SUPPLY C
269 SHEFFIELD STREET, MOUNTAINSIDE, N. J. 07G
ii
~1'- $0.0'
A cu.s.jon, Bo, u);,,,,?
IS
TOWN OF SOUTHOLD
TOWN CLERK'S OFFICE
Main Road
Southold, N. Y. 11971
TOWN CLERK 765-3783
Building Dept.
Planning Bd. 765-2660
Board of Appeals
765-1809 Linda
Pursuant to the General Municipal Law, Chapter 24, of the Consolidated Laws, Article 12-B, Sections 239-1 and m,
the ....~.O.a..P..d..O.f..6p.p.e.~!.s ............... of the town of. Southold
(agency involved)
hereby refers the following proposed zoning action to the Suffolk County Planning Commission:
(check one)
................ New and recodified zoning ordinance Ap pea 1 No. 2 7 6 g.
Nicholas D. Yuelys
................ Amendment to the zoning ordinance 61 59 Broadway
................ Zoningchangas Bronx, NY 10471
................ Special permits
...~.~ ........ Variances Art. III, Sec. 100-32
Location of affected land: ...~.fi.O..0..~....~.,..~.,....2..~.~....G..r...e..e..n..p..o...r..t.., ........ .i..0..,q.0...-..4..~...-..]...-..~...9... ........................
within 500 feet of: (check one or more)
...~.X ........ Town or village boundary line, or shore line L. !. So u n d
................ 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
Commen~: Public Hearing was held 12/29/81. Z.B.A. denied application
without prejudice. Findings and determination, a'nd relevant
documents attached.
1/20/81.
Date: ...................................................
Date received by Suffolk County Planning Commission
File No .................................
(signed)
...k..!..n..d..'a.....F.,.....K..o...,..a. ]..s..k..!..,....S..e...c.r.e...t..a..r.y. ...........
Title
December
1980
(Today' s Date)
To:
Re:
Southold Town Board of Appeals
Main Road
Southold, NY 11971
Appeal Application of
Location of Property:
NICHOLAS D. YUELYS
g6005 County Road 28
Southold, N.Y.
Dear Sirs:
In reference to the New York State Tidal Wetlands Land-Use
Regulations, 6 NYCRR, Part 661, and Article 25 of the New York
State Environmental Conservation Law, please be advised that the
subject property in the within appeal application:
(please check one box)
[ ]
May be located within 300 feet of tidal wetlands;
however, constructed along the water-lying edge
of this property is a bulkhead in very good
condition and ati~least 100 feet in length.*
Maybe located within 300 feet of tidal wetlands;
however, constructed along the water-lying edge
of this property is a bulkhead in need of (minor)
(major) repairs, and approximately feet in
length.
May be located within 300 feet of tidal wetlands;
however, constructed along the water-lying edge
of this property is a bulkhead less than 100 feet
in length.
May be located within 300 feet of tidal wetlands;
and there is no bulkhead or concrete wall existing
on the premises.
[ ]
Is not located within 300 feet of tidal wetlands
to the best of my knowledge.*
[Starred items (*) indicate your property does
not appear to fall within the jurisdiction of the N.Y.S.D.E.C.]
S~cer~ely~ yours, ~ ~
NICHOLAS D. Y0~ ~v' .....
oo
'""' '~"' "" YUELYS
~'~ ~ ~ .~:...,":,....~
Bronx, N. Y. 10471
,,BUIL'T U~ DoQ(2.:
-,7
7.
NORTH R O~CkD
SCALE °. 30'=
/~1 PE: O
LINE
SEE SEC. NO. 052
Legend -. ' ~ ' . -
' D~strict Line ~__ .~,_ '~: Refuse O~stricl Line -----E .... Deed Dimension' ~ ',' 'i ' 62' " 150