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HomeMy WebLinkAbout2793TO~Y~ OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOAItD OF APPEALS Appeal No. 2793 by application Dated March 3, 1981 ACTION OF THE ZON{NG BOARD OF APPEALS OF THE TO~vN OF SOUTHOLD To Irving L. Price, Attorney for Mr. 838 Front Street, Jr., Esq. David I. DeFriest. Greenport, NY 11944 DATE ....8../..1..9. f...8..1 Appellant at a meeting of the Zoning Board of Appeals on May 2 2, 19 81 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 Art. .III , ( ) Request for a variance to the Zoning Ordinance ( ) the appeal Sec. 100-30(B) (1) granted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph .................... of the ZOning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be c~rl~{~aXuXsePublic Hearing: 4/2/81: Application of David I. DeFriest, Main Road, Southold, NY (by Irving L. Price, Jr., Esq.) for a Special Exception to the Zoning Ordinance, Art. III, Sec. 100-30(B) (1) for permission to change use of existing dwelling from one-family to two-family dwelling use at 51320 Main Road, Southold; bounded north and ea'st by DeFriest; south by Jankowski; west by Main Road; County Tax Map Item No. 1000-70-2-4. (SEE REVERSE SIDE) 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because practical difficulties or unnecessary (SEE REVERSE SIDE) (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 (d~s) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (SEE REVERSE SIDE) (would not) and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. FORM ZB4 CG: lk ZONING BOARD OF APPEALS Appellant has appealed to this Board seeking a variance to the zoning ordinance for permission to convert existing one-family dwelling to two-family. The premises is located at the southeast side of Main Road, Southold, NY and contains an area of approxi- mately 30,400 square feet, road frontage of approximately 80 feet and depth of 255 feet. Existing on the subject premises are a two-story frame house, large barn and small shed. The Board finds that properties located in the immediate vicinity are of a character similar to the instant parcel and accordingly the appellant's circumstances are similar to the circumstances exist- ing generally in the neighborhood. It is the understanding of the Board that similar circumstances have been addressed to the Town Board and that a committee has been formed concerning the possibilities of rezoning the areas abutting Route 25 in southold2 Accordingly, on motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, that David I. DeFriest, by Irving L. Price, Jr., Esq. as attorney, be denied a variance to the zoning ordinance, Art. III, Sec. 100-30B(1) without prejudice, Appeal No. 2793. Location of Property: 51320 Main Road, Southold, NY; bounded 'north and east by DeFriest; south by Jankowski; west by Main Road; County Tax Map Item No. 1000-70-2-4. Vote of the Board: Ayes: Messrs. Douglass, Goehringer, Sawicki and Grigonis. Absent was: Mr. Doyen. I~EcEIVED AND FILED BY ~---[ Tim SOUTHOLD TOWN C~~ Town Clerk, Tom of Southold APPROVED © O APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGER JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHDLD, L.I., N.Y. 'l'lg'71 TELEPHONE (516) 765-1809 September 9, 1981 Mr. William H. Price, Jr. 828 Front Street Greenport, NY 11944 Re: Appeal No. 2793 David I. DeFriest Dear Mr. Price: Enclosed please find a copy of the minutes of the public hearing on the above-numbered appeal, held on April 2, 1981, which you re- quested. The charge for copies is .25 per side. The total amount is $1.25 for these five sides. Please make the check payable to the Town of Southold or to the Southold Town Clerk. I will forward your receipt to you. If I can be of further assistance, please do not hesitate to contact me. Very truly yours, CHARLES GRIGONIS, JR. CHAIRMAN CG:ec Enclosures ATTOKNEY AT LAW 828 FRONT STREET GREENPORT. N.Y. 1~944 l)hone (516) 477-101(S September 8, 1981 Southold Town Board of Appeals Southold Town Hall Main Road Southold, New York Re- 11971 Appeal No. 2793 David I. ~DeFriest Gentlemen: Please send to me a copy of the minutes of the hearing on the above-numbered appeal which was held on April 2, 1981. Please inform my office of the charge for same, and I will forward a check to you. Thank you for your courtesy and cooperation in this matter. Very truly yours, William H. Price, Jr. WHP:kam ~od~y' s ~ate: Members Absent, if any: Appeal No. Agenda Item/blatter Type of Variance or Apl.~al: 2793 -- DAVID DeFRIEST Variance-Conversion to two-family Resolution made by: Seco n ded by: GCh~arles r 1.9~,}s (w) ( ) Robert Douglass ( ) ( ) G Gerard Joseph. oenrlnger 5aWlCK1 ( ) (~'/ ( ) ( Action: ( ) Approve as applied for ( ) Deny as applied for ( ) Deny ( L/)'-Oeny without prejudice ( ) Withdrawn without Prejudice ( ) ( ) Approve with the following conditions: ( ) Subject to County Plannin9 referral ( ) Subject to Planninq Board approval ( ) Subject to D.E.C'. requlations ( ) Other: Findings of the Board are as follows: · . , I I~ '- Other: ( ) Not %fithin the Character of the Neighborhood ( ) Variance is Substantial in Relation to Code If so, %. ( ) Hardship not sufficient (, ) Hardship or Difficulty NOt Unique ( ) %fill set a precedent in the neighborhood ( ) Area is already very congested ( ) Interests of justice served by denying . ( ) Vote of the Board: Ayes: ( )b~CG ~( ) SD ( ~/~D (L~GG Nay: ( ) () () () () Abstain: ( ) ( ) ( ) ( ) ( ) Absent: ( ) . ( ) ( ) ( ) ( ) ( ) Granting the Relief Requested is within spirit of the zoning code ( ) Relief is not substantial ( ) Burden of hardship or difficulty shown ( ) and is unique Variance will not change character of the neighborhood Interests of Justice served by grantin9 Notes: ZBA to make recommendations to Two-Family Housing Committee members. The Board finds and determines as follows: Appellant(s) has appealed to this Board seeking a ~~~_2 for permission to ~£~.~- ~ _~/~_~? ~:: ~he pr~mises ~n question is approkimately ~ ~ O ' square feet in are~, with road frontage of approximatel~ p~ feet and depth of c~.5~.~ feet. Existing on the sub~ect premises are: . __ Check the follo~-ing as is appropriate: Pos. [ ] The relief requested in relation to the Code requirements is not substantial.: ( %) ~.'~ ~. ~ [ ] If the variance is granted no detriment to adjoining properties will be created. [ ] No detrimental effect is produced on available governmental facilities of any increased population;' [ ] No substantial change is produced in the character of the neighborhood by the granting of this variance. [ ] The relief requested is within the spirit of the zoning ordinance. [ ] The interests of justice will be served by granting the relief requested. Neg. [~ The relief requeste~ in relation to the Code requirements is substantial. [ ] The variance will have an effect upon the character of the neighborhood. [ ~ The relief requested is not within the spirit of the zoning ordinance. [ ] The interests of justice will be served by denying the COUNTY OF SUFFOLK STATE OF NEW YORK ss: LEGAL NONCE 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, the following matters-will be held for public hearings by the Southold Town Board of Ap- peals at the Southold Town Hall, Main Road, Southold, NY on Thursday, April' 2, '7:3s p.% r 'Jmes V. Right.~r (for Fishers~ Winter ~, Street, ~'Bo~t°n MA 02108' fgr a Special Exception to the=Zoning Ordinance, Art. · '~ ~tion of George L. Penny, Inc., 12585 So~nd Avenue, Mattituck, NY for a Special Exception to the Zoning Ordinance Art. VIII, Sec. 100-80B(3) for permission to construct storage building in a C-Zone at 12585 Sound Avenue, Mattituck; bounded north by Penny, east by North Fork Oil Heat, south by Sound 4~v~. and L.I.R.R., west by PatTish; County Tax Map Item No. 1000-141-3-37 and 38. 8:50 p.m. Application of George L. Penny, Inc., 12585 Sound Avenue, Mattituck, NY for a Variance to the Zoning Ordinance, Art. VIII, Sec. 100-81 for permission to con- struck storage building in a C-Zone with insufficient rear and side ya~rd areas at 12585 Sound Avenue, Mattituck; bounded north by Penny, east by North Fork Oil Heat, south by Sound Ave. and L.I.R.R., west by parrish; County Tax Map Item No. 1000-141-3-37 & 38. 8:55 p.m. Application of = ~avid I. DeFriest, Main Road, :. u o, Exception to the Zoning urmn- '~afice, Art. Ill', _for uermission to ch~ Pmricia 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 thct the notice of which the annexed is o printed copy, has been published in said Long Island Traveler-Watch- m~n once each week for ......... .~ ............................. weeks successively, commencing on the ...... .~..~. ........................ da~,,g~.....~~ ...................... '---'--'/ ....... '::: .... Sworn to before me this ....... .~.~ ............... day of .......... ~ ...... , 19..~...~. ~oad, Southold; bounded,. north aha ea~? ny ~.~'~,~t' south bY. ~/ank°W.~?i ~,,-~+ hy ~lain Road; County Tax Map _ It.em No. 1000'7b,2-4. ,,, - 9:0S p.m. 'Application of Victor E. Catalano, 22 Canter- bury Drive, Hauppauge, NY 11787 for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for permission to build a one-story garage with insufficient front and side yard setbacks at the ~outh side of Item No. 1000-111-1-35. 9:45 p.m. Application of Margaret McGowan, 17 Aber- deen Street, Malvern, NY (by Gary F. Olsen, Esq.) for a Variance to the Zoning Ordin- ance, Art. III, Sec. 100-31 for approval of the insufficient area and width of two parcels due to the relocation of lot lines. Location of property: R-O-W south of Great Peconic Bay Boulevard, Laurel; bound- ed north by Connelly, east by Sweeney, Ross, and private right-of-way, south by John- ston, Mormile, west by Alex- ander. County Tax Map Item Nos, 1000-128-4-11 and 14. Dated: March 12, 1981. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS CHARLES GRIGONIS, JR., Chairman IT, 3/19/81 (3) Notary Pubffc ~ LEGAL NOTICE 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, the following matters will be held for public hearings by the Southold Town Board of Ap- peals at the Southold Town Hall, Main Road, Southold, NY on Thursday, April 2, 1981: 7:35 p.m. Application of James V. Righter (for Fishers. Island Development Corp.), 58 Winter Street, Boston, MA 02108 for a Special Exception to the Zoning Ordinance, Art. III, Sec. 100-30B(8) for permis- sion to create additional em- ployee housing on second floor of Beach Club to match the existing housing on the west end of club, (also known as labor camp), to be located on the south road to the East End of Fishers Island, more par- ticularly designated as County Tax Map Item Nos. 1000-5-2- 7.3, 1000-4-4-12, 1000-1-1-3.6, 1000-4-6-9. 7:50 p.m. Application of David L. Mudd, North Road, Southold, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-30A(2)[d] to con- struct farm tool shed with insufficient rear and side yard setbacks at property located on the North Side of C.R. 48, Southold; bounded north by Lieblein, east by Aliano, Lath- am and Morris, south by C.R. insufficient road frontage of two proposed parcels located on the north side of Pine Neck Road, Southold; bounded north by Jockey Creek and Lademann, east by Width, south by Kowalski, Pine Neck Road and Kohl, west by Lade- mann and Kowalski; County Tax Map Item No. 1000-70-5-31. 8:20 p.m. Application of Mary H. Lockwood, 465 Old Harbor Road, New Suffolk, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for approval of insufficient area, depth and/ or rearyard of parcel located at Old Harbor Road, New Suf- folk: bounded north by Ben- bow and Given, east by Cut- chogue Harbor, south by Whe- lan and Mason, west by Old Harbor Road; County Tax Map Item No. 1000-117-3-5 and 6. 8:30 p.m. Application of Peconic Corporation, c/o Nor- ris Grain Co., P.O. Box 1058, Ocala, FL 32670 (by Abigail A. Wickhaml for a Variance to the Zoning Ordinance, Art. III, Sec. 100-30 and 100-31 for per- mission to convert existing barn containing a one-family dwelling by adding a second dwelling (apart~ment) on sec- ond floor. Loeati-on of proper- ty: South side of New Suffolk Avenue, Mattituek; bounded north by New Suffolk Avenue, east by Wiekham and Bag-' shaw, south by Bay, west by Smith, Haberman and Camp Mineola Road: County Tax Map Item No. 1000-115-9-4. 8:45 p.m. Application of Parrish; C,~.,ty Tax Map Item No. 1000-141-3-37 & 38. 8:55 p.m. Aoolication of_ David I. DeFriest, Main Road, -~Soutl~old~ NY i'by,,, Irving L.~ Price. Jr.. Esq.) for a Special - Excepti°n to the Zoning Ordi- _ nance, Art. 111, Sec. 100-30B( 1 ) -l~or permission to change use- of existing dwemnl3 trom one- fomily to two-family dwelling. -~use at 51320 Main Road, South- ~bld; bounded norm afld ea~_ ~by Del~'r'ie~t, south by J anko~v~_ ~sk~, west oy ~mn ~oad; t~oun-~ - ty Tax M~ Item No. 1000-70-2- ~ p.m. Application of Victor E. Catalano, 22 Canter- bury Drive, Hauppauge, NY 11787 for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for permission to build a one-story garage with insufficient front and side yard setbacks at the south side of Peconic Bay Boulevard, Lau- rel: bounded north by Catala-. no and Peconic Bay Blvd., east by Keller, south by Bay, west by Pridgem County Tax Map Item No. 1000-128-6-13.2. 9:15 p.m. Application of Rose Dansker, 300 East 56th Street, Apt. M. New York, NY 10022 (by Gary Flanner Olsen, Esq.) for a Variance to the Zoning Ordinance, Art. III, See. 100-31 for approval of insufficient area and width Of lwo proposed parcels located at Wells Road, Peconic, NY; bounded north by Wells Road, west by Groben, south by Richmond Creek, east by Krueger. County Tax Map Item No. 1000-86-2-10 & 11. Bay Boulevm ,~, Laurel; bounded north by Connelly, east by Sweeney, Ross, and private right-of-way, south by Johnston, Mormile, west by Alexander. County Tax Map l-teT'n N0-s. 1000-128-4-11 and 14. Dated: March 12, 1981. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS CHARLES GRIGONIS, JR., CHAIRMAN 1 TM 19-3647 reenport, in said ed is a printed Weekly Times ! weeks I 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, the following matters will be held for public hearings by the Southold Town Board of Appeals at the Southold Town Hall, Main Ro~d, Southold, NY on Thursday, April 2, 1981: 7:35 p.m. Application of James V. Righter (for Fishers Island Development Corp.), 58 Winter Street, Boston, MA 02108 for a Special Exception to the Zoning Ordinance, Art. III, Sec. 100-30B(8) for permission to create additional employee housing on second floor of Beach Club to match the existing housing on the west end of club, (also known as labor camp), to be located on the south road to the East End of Fishers Island, more parti- cularly designated as County Tax Map Item Nos. 1000-5-2-7.3, 1000-4-4-12, 1000-1-1-3.6, 1000-4--6-9. 7:50 p.m. Application of David L. Mudd, North Road, Southold, NY for a Variance to the Zoning Ordinance, Art. III, Sec. lO0-30A(2)[d] to construct farm tool shed with insufficient rear and si'de yard setbacks at property located on the North Side of C.R. 48, Southold; bounded north by Lieblein, east by Aliano, Latham and Morris, south by C.R. 48, west by Doroski; County Tax Map Item No. 1000-59-9-28. 8:00 p.m. Application of Dolores Strong, Box 1033, Matti- tuck, NY for a Variance to the Zoning Ordinance, Art. VI, Sec. 100-61, 100-60C, Art. II, Sec. 100-23 for permission to construct fence in the side,"rear and/or front yard areas at 11455 Main Road, Mattituck; bounded north by Van Ryswyk and O'Neil, east by Mileska, south by S.R. 25 (Main Road~,west by Burgon; County Tax Map Item No. 1000-142-2-17. Legal Notice of Hearings 'Page 2 Board of Appeals - April 2, 1981 Meeting Adv. 8:10 p.m. Application of Hope Prior Smith, 655 Pine Neck Road, Southold, NY (by R.W. Gillispie, III as agent) for a Variance to: (a) New York Town Law Section 280-A for approval of access, and (b) the Zoning Ordinance, Art. III, Sec. 100-31 for approval of insufficient road frontage of two proposed par- cels located on the north side of Pine Neck Road, Southold; bounded north by Jockey Creek and Lademann, east by Width, south by Kowalski, Pine Neck Road and Kohl, west by Lademann and Kowalski; County Tax Map Item No. 1000-70-5-31. 8:20 p.m. Application of Mary H. Lockwood, 465 Old Harbor Road, New Suffolk, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for approval of insufficient area, depth and/or rearyard of parcel located at Old Harbor Road, New Suffolk; bounded north by Benbow and Given, east by Cutchogue Harbor, south by Whelan and Mason, west by Old Harbor Road; County Tax Map Item No. 1000-117-3-5 and 6. 8:30 p.m. Application of Peconic Corporation, c/o Norris Grain Co., P.O. Box 1058, Ocala, FL 32670 (by Abigail A. Wickham, Esq.) for a Variance to the Zoning Ordinance, Art. III, Sec. 100-30 and 100-31 for permission to convert existing barn containing a one-family dwelling by adding a second dwelling (apartment) on second floor. Location of property: South side of New Suffolk Avenue, Mattituck; bounded north by New Suffolk Avenue, east by. Wickham and Bagshaw, south by Bay, west by Smith, Haberman and Camp Mineoia Road;~ County Tax Map Item No. 1000-115-9-4. 8:45 p.m. Application of George L. Penny, Inc., 12585 Sound Avenue, Mattituck, NY for a Special Exception to the Zoning Ordinance 'Legal Notice of Hearings Page 3 Board of Appeals - April 2, 1981 Meeting Adv. Art. VIII, Sec. 100-80B(3) for permission to construct storage building in a C-Zone at 12585 Sound Avenue, Mattituck; bounded north by Penny, east by North Fork Oil Heat, south by Sound Ave. and L.I.R.R., west by Parrish; County Tax Map Item No. 1000-141-3-37 and 38. 8:50 p.m. Application of George L. Penny, Inc., 12585 Sound Avenue, Mattituck, NY for a Variance to the Zoning Ordi- nance, Art. VIII, Sec. 100-81 for permission to construct storage building in a C-Zone with insufficient rear and side yard areas at 12585 Sound Avenue, Mattituck; bounded north by Penny, east by North Fork Oil Heat, south by Sound Ave. and L.I.R.R., west by Parrish; County Tax Map Item No. 1000-141-3-37 & 38. 8:55 p.m. Application of David I. DeFriest, Main Road, Southold, NY (by Irving L. Price, Jr., Esq.) for a Special Exception to the Zoning Ordinance, Art. III, Sec. lO0-30B(1) for permission to change use of existing dwelling from one-family to two-family dwelling use at 51320 Main Road, Southold; bounded north and east by DeFriest, south by Jankowski, west by Main Road; County Tax Map Item No. 1000-70-2-4. 9:05 p.m. Application of Victor E. Catalano, 22 Canter- bury Drive, Hauppauge, NY 11787 for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for permission to build a one-story garage with insufficient front and side yard setbacks at the south side bf Peconic Bay Boulevard, Laurel; bounded north by Catalano and Peconic Bay Blvd., east by Keller, south by Bay, west by Pridgen; County Tax Map Item No. 1000-128-6-13.2. 9:15 p.m. Application of Rose Dansker, 300 East 56th Street, Apt. M. New York, NY 10022 (by Gary Flanner Olsen, Esq.) £egal Notice of Hearings Page 4 Board of Appeals - Apr. 2, 1981 Regular Meeting for a Variance to the Zoning Ordinance, Art. III, Sec. lO0-31 for approval of insufficient area and width of two proposed parcels located at Wells Road, Peconic, NY; bounded north by Wells Road, west by Groben, south by Richmond Creek, east by Krueger. County Tax Map Item No. 1000-86-2-10 & 11. 9:30 p.m. Application of Kenneth Brower, by William S. Midgley, Jr. as agent, 200 Skunk Lane, Cutchogue, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for permission to construct garage with an insufficient sideyard setback at 495 Fisherman's Beach Road, Cutchogue; bounded north by Fisherman Beach Road, west by Baxter, south by Bay, east by McKeon. County Tax Map Item No. 1000-111-1-35. 9:45 p.m. Application of Margaret McGowan, 17 Aberdeen Street, Malverne, NY (by Gary F. Olsen, Esq.) for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for apprOval of the insufficient area and width of two parcels due to the relocation of lot lines. Location of property: R-O-W south of Great Peconic Bay Boulevard, Laurel; bounded north by Connelly, east by Sweeney, Ross, and private right-of-way, south by Johnston, Mormile, west by Alexander. County Tax Map Item Nos. 1000-128-4-11 and 14. Dated: March 12, 1981. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS CHARLES GRIGONIS, JR., CHAIRMAN Instructions to newspapers: Please publish once, to wit, Thursday, March 19, 1981 and forward 13 affidavits of publication to: Board of Appeals, Town Hall, Main Road, Southold, NY 11971. Copies to: Suffolk Times Monday, 3/16/81 p.m. L.I. Traveler Tues., 3/17/81 a.m. Bulletin Board 3/17/81 3/17/81 to: Mr. James V. Righter Mr. David L. Mudd Mrs. Dolores Strong R.W. Gillispie, III Mrs. Hope Prior Smith Mrs. Hary H. Lockwood Peconic Corporation c/o.Norris Grain Co. George L. Penny, Inc., Box 57, Greenport Mr. David I. DeFriest Irving L. Price, Jr., Esq. Mr. Victor E. Catalano Mrs. Rose Dansker Gary Flanner Olsen, Esq. Mr. William S. Midgley, Jr. for K. Brower Mrs. Margaret McGowan Supervisor Town Board members Planning Board 0 So uthold Town Board o£Appeals MAIN ROAD- !STATE: ROAD 25 SOUTHI3LD, L.I., N.Y. 11~71 TELEPHONE (516) 765-1809 APPEALS BOARD. MEMBERS CHARLES GRIGONI$, JR., CHAIRMAN SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOENRINGER Joseph H. Sawicki NOTICE OF DECLARATION PURSUANT TO N.Y~'S. ENVIRONMENTAL QUALITY REVIEW ACT Appeal No. 2793. Application of: .David I. DeFriest. Location of Property in Question: Main Road, Southold, NY. County Tax Map Item No. 1000- 7,0-2-4. Project Proposed by Appeal Application: two-family use. Change use from one-family to ENVIRONMENTAL DECLARATION: Pursuant to Section 617.13 of the N.Y.S. Department of Environmental Conservation Act, 'Article 8 of the Environmental Conservation Law, and Section 44-4 of the Southold Town Code, notice is hereby given that the Southold Town Board of Appeals has determined that the subject project as proposed herein is hereby classified as a Type II Action not having a significant adverse effect upon the environment for the following reason(s): An Environmental Assessment in the Short Form has been submitted which indicates that no significant adverse effects were likely to occur should this project be implemented as planned. The property in question [X] is not located within 300 feet of tidal wetlands; [ ] may be located within 300 feet of tidal wetlands but separating the property from the wetland area is a road or other type of barrier labeling this matter outside the jurisdiction of the N.Y.S. Department of Environmental Con- servation and therefore correspondence was not solicited. This declaration should not be considered a determination made for any other department or agency which may also be involved, nor for any other project not covered by the subject appeal applica- tion. Dated: March 12, 1981. By Order of the Southold Town Copies to: Applicant/Agent Board of Appeals Town Clerk Bulletin Board Appeal File '' ~ O K JUDITH T. TERRY · TOWN CLERK REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 TELEPHONE (516) 765-1801 March 3, 1981 To' rr~ Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal No. 2793 application of David I DeFriest for a special exception. Also included are notification to adjoining property owners as follows: Mrs. Mary Jankowski c/o Katherine Terp, Main Road, Southold, New York 11971. Terry ~ Town Clerk JTT/bn IRVING L. PRIGE, .JR. ATTORNI[Y AT LAW 828 FRONT STR£E:T ~RE"rNPORT, i.. 1.0 N. ¥. 11944 AR~A. CODs. 519 Ts'LI[PHOHS. 477-1016 March 3, 1981 Southold Town Board of Appeals Main Road Southold, New York 11971 Re: David I. DeFriest Application forSpeci:al Excepti:on Gentlemen: I enclose herewith application in triplicate, three copies of survey, copy of notice of application with proof of service, and my check to your order for $15.00. When I hand these to you I intend to fill out any environmental impact statements that are necessary. Very truly yours, ILP:kam Enclosures FORM NO. 3 O TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ To..~.V.'..~.....Z. i~. F..~'.CS.'T.... PLEASE TAKE NOTICE that your application dated ................. .~..R..-~....~.~, 19 .~...]. ................... ~i L~' ' '%'~ ~'~ ;~ '~' ................ Location ofPrope~y . . ~[ 3 Z O HO~ ~o: ....................... ~}r~et ......... County Vax ~a~ No. 1000 S~ion .... 7.~ ...... ~1o~ ....... ~ ..... ~t ..~ .......... Subdivision ' ~ Filed Map No ................. Lot No .................. is returned herewith and disapproved on the follow~g ~ounds . . .DN ~.L[~.g.¢....~5....E~T....~¢. ~!~ ~... ~.~ [W... ~Y....$~. ~..~...,. ~zc.5~v,,.~ ~ ...... ~...~ .... 3 p.9.=S 9.m. 0.5....(.59.~ 5~...~q.. RV 1/80 Building Inspector SHORT ENV~RONk{ENTAL ASSESSMENT'FORI4 ~ NS Tk-~CT ! ONS: ~- (o) [~ order to answer tile questions in this short EAF it is assumed th6[ ~he preparer ~.lil[ use curren[[y ovoi[oble information concerning the project and the likely impacts of the action. I% is hal expected tho[ oddilionol studies, research or other investigations will be undertaken. (b) If any queslion has been answered Yes the project may be significant and o completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely %h~% this projec~ is not significant. .. .. : (d) E'nvi"ronmentol Assessment '' .. 1. Will project resu'lt in o large physical change to ~he project' site Or physically al~er more 'Yes X'.Ho than 10 acres of: land? ........................ %'1ill there'be o major change {o any unique or -unusual land form found on %he si~e? .......... Yes ~ N~ %'~ill projec~ alter or have a large: effect'on existing body'of water? ......... ..' ..... ' ...... : :YD~: ~ NO Will project have a potentially large impact . ..~ on groundwater quality? ........................ , Yes:~ 'No:._ · ~'till project significon!ly effect.dro~no.ge fl' adj cent sites? ' . , Yes ~ No %~ill project affect any ~hreotened or endangered plant or animal species? ...........: Yes., X No %'/ill project result in o major adverse effedt · Yes Y No' oi qu' lity ' ' on r a ? .......... .... - ..... .---..--.--,, ...... 81 ~llilI pro3ect hove o mo3or effec% on visual character of the community or scenic views or. vistas known to-be imporlont to the community? ...... 'Yes_ ~'_No ~. %'~ill project adversely impact any site or . .. structure of historic, prehistoric or paleontological imporfonce or any site designated os o critical environmental a~eo · y by o local ogencyg. ......... . · ~...v..- ~. .. .... ...~.~..~: es. o 10. %~ill project have a major effect on exis~ihg or future recreational opportunities? .......... _ Yes.,X ,N° "11. %~ill project result in .major traffic problems . o~ cause o major effec~ ~o ex.i'sting transportation systems? .......................... Yes: ~ No 12. %Vill project .regularly cause objectionable odors, noise, glare, vlbro{ion, or electrical . ' disturbance os a result, of ~he pro3ect's ' Yes ~ No ~ion? ' m opera' 13. %~ill'pr'oject hove'any impact on public health or.safety? .................................... . == ~ _Yes- X_ No 14. %~ill project affect the existing community by directly causing o gray, ih in permanent · population of more than 5 percegt over o one year period or hove o major negative effect on the choral'far of the community or Yes X No neighborhood? ................................. : ., 15. Is there public confroversy concerning' fha · project? ...................................... --Yes, ~ .N° DATE ~ ~~/ O O (Today's Date) To: Re: Southold Town Board of Appeals Main Road Southold, NY 11971 Appeal Application of Location of Property: 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 atl least 100 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 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.] Sincerely yours,/~ ~ O TOWN OF $OUTHOI. D, NEW YORK O APPLICATION FOR SPECIAL EXCEPTION APPLICATION NO. ~ DiTE .... .3..,./...3.,/..~.,~ ..... TO THE ZONING BOARD OF APPEALS, SOUTHOLD, N. Y. I, .............................. o~ ..~.,..~.~...:~..-..::~..c...~::~.~.:.,....~.w.~ ............................... Name Street and Number Southold New York Municipality State hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE ARTICLE III SECTION 100-30 SUBSECTION B ( 1 ) THE SPECIAL EXCEPTION IS REQUESTED BECAUSE Applicant wishes to convert a one family dwelling to a two family dwelling for economic reasons. This is the only dwell- ing on one lot. Applicant's funeral home adjoins this property, ject premises were purchased in 1975 so applicant could its use. and sub- supervise STATE OF NEW YORK ) ) ~ By: COUNTY OF SUFFOL~ IRVING DORIS ?, GABLE NOTARY PllBI 'C. ' of New Yoit~ Suffolk Cot .470],594 Term Expires IVi~rch 30, 19. ..... 0 ~ Signature / L. PRICE, JR., Agent FORM ZB2 IRVING L. PRICE, JR. ATTORNEY AT LAW B2B FRONT STREET QREE:NPORT, L. I., N. Y. ! 1944 AREA CODE 51S TELEPHONE 477-1016 March 6, 1981 Board of Appeals Southold Town Southold Town Hall Main Road Southold, New York 11971 Re: David I. DeFriest Application for Special Exce:p:t i on ' Gentlemen: I enclose herewith notice of applica- tion together with proof of service for the two additional property owners. Very truly yours, ILP:kam Enclosure BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of DAVID I. DeFRIEST to the Board of Appeals of the Town of Southold NOTICE TO: Mary Jankowski and ano. 9%Gladys W. Howell ~School District %5 c/o Mrs. Katherine Terp Southold Southold Town (No Number) Main Road New York Oaklawn Avenue Southold, New York Southold, New York 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-~ia~r~Jr (Special Exception)-(~e~iaLIZerm~-t. ke~r~lk)~ie~-r~q~ef+ 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 other lands of applicant, 255.04 feet; East by other lands of applicant, 79.85 feet; West by Main Road~ 79.29 feet; and South by lands of Mary Jankowski and another, 255.05 feet. 3. Thattheproperty whichisthesubjectofsuchPetitionislocatedinthefollowingzoningdistrict: A Residential and Agricultural District 4. ThatbysuchPetition, theundersigned willrequestthefollowingrelief: Conversion of existing one family house to two family house. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signedare: Article III, Section 100-30, B(1) ~ 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: ~March 6, 1981 DAVID I. DeFRIE~T~ Petition~/ IRVING L. PRICE, JR., Agent PostOffice Address Principal:(No %) Main Road, Southold, N.Y. Agent: 828 Front Street, Greenport, N.Y. *This notice is served upon you because, while you are 'not an owner of property immediately adjacent, the applicant does'have an~ interest in property immediately adjacent to subjeCt premises, and Section 100-125 of the Southold Town Code requires written notice of thisi~application be served upon you. ~j NAME PROOF OF MAILING OF NOTICE ADDRESS Gladys W. Howell Southold, New York 11971 School District ~5 Southold Town P35 2549254 // P35 2549255 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERASE PRO¥1OEO-- NOT FOR INTERNATIONAL MAIL (See Reverse) SENT TO: ~chool District #5 STREET AND Nq~O~%t't~o~To~ ma~] awn Avenue 0.0.,S~A,TE AND ZIP CO~)E . utno±ct, N.z. 11971 POSTAGE $ CERTIFIED FEE Mi SPECIAL DELIVERY RESTRICTED DELIVERY SHOW TO WHOM AND ~ ~ ~ DATE DELIVERED ~ ~ ~ SHOWTOWHOM, DATE  ANDADDRESSOF ~ ~ -- DELIVERY ~ ~ ~ SHOWTOWHOMANDDATE ~ ~ i DELIVERyDELIVEREDWITH RESTR~CTEC ~ SHOW TO WHOM, DATE AND ADDRESS OF DELIVERY WITH RESTRICTED DELIVERY TOTAL POSTAGE AND FEES ; $ POSTMARK OR DATE 3/6/81 LUU~I~ ur~urruL~) Oaklawn Avenue Southold, New York 11971 KATHY A. MAZZAFERRO , residing at Chestnut Road, Southold, New York 11971 , being duly swOrn, depOses and says that on the 6th day of March ,19 81 , 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 the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- rice at SoUthold ; that said Notices were mailed to each of said persons by (certified) (l~e~l~telra~f mail. Sworn to before me this 6 th dav~ March ,19 81 _ ) DORI~ M. GABLE NOTARY PUBLIC, State of NeW Y01~ Suffolk County No. 470[594 Term Expires March 30, BOARD OF APPEALS, TOWN OF $OUTHOLD In the Matter of the Petition of DAVID I. DeFRIEST to the Board of Appeals of the Town of Southold TO: Mary Jankowski and another c/o Mrs. Katherine Terp (No Number) Main Road Southold, New York YOU ARE HEREBY GIVEN NOTICE: NOTICE 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a-(-V~aeiaf~e)-(Special Exception) {~peei~-Iae~mk~he-f~o~: 2. That the property which is the subject of the Petition is located a~acent to your p~per~y and is des- cribedasfollows: North by other lands of applicant, 255.04 feet; ~ast by other lands of applicant, 79.85 feet; West by Main Road, 79.29 feet; and South by lands of Mary Jankowski and another, 255.05 feet. 3. Thattheproperty whichisthesubjectofsuchPetitionislocatedinthefollowingzoningdistrict: A Residential and Agricultural District 4. That by such Petition, the undersigned will request the following relief: Conversion of existing one family house to two family house. $. That the provisions of the Southold Town Zoning C~gde applicable to the relief sought by the under- signedare: Article III, Section 100-30, B(1) .~ 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 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 Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: ' March 3, 1981 DAVI I. DeFRIE . By: Petitioner ~ING 31..2-~1~1C ~E~,..jR,' Post Office Address Principal (No #) Main Road, Southold, N.Y. Agent 828 Front Street, Greenport, N.Y. Agent NAME PROOF OF MAILING OF NOTICE ADDRESS Mary Jankowskiand another P35 2549252 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED-- NOT FOR INTERNATIONAL MAIL (See Reverse) 'SENTTO Mrs. Mar~f Jankowski STRE~T~ND NOc/~) ,Ka.l.l.,~.,.,. ~[~ t,,f'a', n P.O., STATE AN D ~P C~E Southold, NY 1~971 POSTAGE $ ~ / ] skC,AL ~c J ~RESTRICTE~D bE-L~R-F ¢ ~ J~,'~ ~J SHOWTO WHOM AND ~/~ I 'gl DATE DELIVERED ¢ ~ I~ ~ ~' I ANBADDRESSOF g~/~ I ~ I DELIVERY ¢ ~ /~ I ~ DELIVEREDWlTH RESTRICTEI ~ ] ~ ] ~ I DELIVERY ~ J ~ ~ ADDRESSOF DELIVERY WITH / I IRESTRICTED DELIVERY ¢ TOTAL POSTAGE AND FEES $ POSTMARK OR DATE 3/3/81 c/o Mrs. Katherine Terp (No Number) Main Road Southold,'NeW York 11971 STATE OF NEW YORK) COUNTY OFSUFFOLK) SS.: KATHY A. MAZZAFERRO , r~iding at Chestnut Road, Southold, New York .11971 , being dulY sworn, deposes and Says that on the 3rd day of March ,19 81 , 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 the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at South°ld ; that said Notices were mailed to each of said persons by (certified) (~te~ mail. and regular mail simultaneously. IRVING L PRI~'Ei JR, ~IOTARY PUBLIC, STATE OF NL'W {eddlnl[ In Sm'felk ~o. at Ume ef MY Oommbsion Expires Mar~ll NEW YORK 'X Petitioner, NOTICE !OF DI.SCONTINUANC] tl~e of .At for~ P. 0. Address 828 FRONT ..STREET ~REENPORT, NEW YORK Tel · ~No. 11.944 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK DAVID I. DeFRIEST, Petitioner, -against- CHARLES GRIGONIS, JR., CHAIRMAN, and ROBERT DOUGLASS, GERARD GOEHRINGER, JR., JOSEPH H. SAWICKI, and SERGE J~ DOYEN, JR., constituting the ZONING BOARD OF APPEALS of the TOWN OF SOUTHOLD, GEORGE H. FISHER, SENIOR BUILDING INSPECTOR of the TOWN OF $OUTHOLD, Respondents. S I R S ~ Index No. N, OT CE OF PET,!TIO , PLEASE TAKE NOTICE that upon the petition of DAVID I. DeFRIEST, verified the 18th day of September, 1981, and the exhibits thereto attached, and upon all testimony, papers and proceedings had before the respondent ZONING BOARD OF APPF2%LS of the TOWN OF $OUTHOLD with respect to the matter set forth in the petition herein, the undersigned will move pursuant to CPLR Article 78, this court at a Special Term, Part I, thereof to be held at the courthouse of this court, Supreme Courthouse, Griffing Avenue, Riverhead, New York, on the 16th day of October, 1981, at 9~30 a.m. for a review of the determination of the respondent ZONING BOARD OF APPEALS, dated August 20, 1981, denying the petitioner's appeal to said respondent ZONING BOARD OF APPEALS to reverse the decision of the SOUTHOLD TOWN BUILDING INSPECTOR, and for a Judgment to be granted herein reversing, annul- ling, and setting aside the aforesaid decision of the ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD dated August 20, 1981, and directing said ZONING BOARD OF APPEALS to grant the special exception necessary to convert petitionerts premises from a one-family dwelling to a two- family dwelling in accordance with the aforesaid application and granting such other and further relief as may be just and proper. PLEASE TAKE FURT~R NOTICE that demand is hereby made that respondents certify and ~end to this court within the time prescribed by CPLR S7804 all actions and proceedings of said Board in the above entitled matter and designated as Appeal No. 2793 with a certified copy of all petitions, appeals, applications, reports, notices, docu- ments, letters, affidavits, diagrams, plans, drawings, and any and all other papers before or acted upon by said Board together with a certified copy of all resolutions, determinations, decisions and opinions of said Zoning Board of Appeals and the minutes of all pro- ceedings, hearings, and the reports of alI inspections and examina- tions and all other matters and things considered or acted upon by said Board in arriving at its determination now under review for the purpose of reviewing all and singular the acts and proceedings of the Board in the matter of the application of DAVID I. DeFRIEST, Appeal Number 2793. PLEASE TAKE FURTHER NOTICE that any answer and supporting affidavits shall be served upon the undersigned at least five (5) days before the return date hereof. PLEASE TAKE FURTHER NOTICE that petitioner designates -2- Suffolk County as the place of trial since the 9remises involved herein are located in said County. Dated~ Greenport, New York Segtember 18 , 1981 Yours, etCo Attorney for Petitioner P.O. Address~ 828 FRONT STREET GREENPORT, NEW YORK 11944 Telephone No. (516) 477-1016 TO~ Zoning Board of Appeals Town of Southold Southold Town Hall Main Road Southold, New York 11971 Building Inspector Town of Southold Southold Town Hall Main Road Southold, New York 11971 -3- SUPREME COURT OF THE STATE~ OF NEW YORK COUNTY OF SUFFOLK DAVID I. DeFRIEST, Petitioner, -against- CHiS GRIGONIS, JR., CHAIRMAn,, and ROBERT DOUGLASS, GERA~%D GOEHRINGER, JR., JOSEPH H. SAWICKI, and SERGE J. DOYEN, JR., constituting the ZONING BOARD OF APPEALS of the TOWN OF SOUTHOLD, GEORGE H. FISHER, SENIOR BUILDING INSPECTOR of the TOWN OF SOUTHOLD, Respondents. Index No. PETITION TO THE SUPREME COURT OF THE STATE OF NEW YORK-SUFFOLK COUNTY~ The petition of the above named petitioner, DAVID I. DeFRIEST, respectfully shows~ 1. That he is the owner of certain real property located in the Town of Southold, County of Suffolk, State of New York, bounded and described as followsl BEGINNING at a point marked by a granite monu- ment set in the easterly line of Main Road at the southwesterly corner of the premises herein described and the northwesterly corner of land now or formerly of Terp; running thence along the easterly side of Main Road, North 16° 04' 30" East a distance of 79.92 feet to land now or formerly of DeFriest; thence along said land now or formerly of DeFriest South 75° 16' 30" East a distance of 255.04 feet to land still now or formerly of DeFriest; thence along said last mentioned land South 16" 04' 30" West a distance of 79.85 feet to land now or formerly of Terp; thence along said land now or formerly of Terp North 75" 17' 50" West a distance of 255.05 feet, to the easterly side of Main Road at the point or place of BEGINNING, and as more particularly depicted on a sur- vey made by Roderick Van Tuyl, P.C. dated January 8, 1976, a copy of which is annexed hereto as Exhibit 1. 2. That on or about the 3rd day of March, 1981, petitioner applied for a special exception to the ZONING BOARD OF APPEALS of the TOWN OF SOUTHOLD (hereinafter referred to as the Board) pursuant to the Code of the Town of Southold, Chapter 100, Zoning, Article III, A Residential and Agricultural District, Section 100-30(B) (1) and pursuant to the Code of the Town of Southold, Chapter 100, Zoning, Article XII, Board of Appeals, Section 100-121, Powers and Duties,(C). (A copy of petitioner's application is annexed hereto as Exhibit 2). 3. That a hearing was held on petitioner's application for a special exception on April 2, 1981, at 8~55 p.m. at the Southold Town Hall before the Board. That at said hearing one Albert W. Albertson, Jr., a licensed real estate broker, testified on behalf of petitioner. 4. That attached hereto and made a part hereof is a cody of the minutes of said public hearing as provided by the Board. 5. That attached hereto and made a part hereof is the affidavit of Albert W. Albertson, Jr. dated September 18, 1981, setting forth his corrections in respect to his actual replies to the questions asked by Irving L. Price, Jr., Esq., at said hearing. 6. That no one appeared or testified in opposition to petitioner's application to the Board for the requested special exception. -2- 7. That as a result of the aforesaid hearing and petition for special exception, the Board rendered its decision dated August 20, 1981, a copy of which is annexed hereto as Exhibit 3, which made, among other things, two findings of fact~ (1) Existing on the subject premises are a two-story frame house, large barn and small shed. (2) The board finds that the properties located in the immediate vicinity are of a character similar to the instant parcel and accordingly appellant's circumstances are similar to the circumstances existing generally in the neighborhood. 8. The Board adopted the following resolution~ ...RESOLVED, that David I. DeFries~, by Irving L. Price, Jr., Esq-~ as attorney, be denied a variance to the zoning ordinance, Art-~--~, Sec. 100-30B(1) withqut .p~eJudic~e_, Appeal No. 2793.... 9. The court is respectfully directed to the fact that the aforesaid decision of the Board refers to an application for a "variance" when in fact the application was for a "special exception". 10. Upon information and belief, the Board erroneously held petitioner to the burden of proof required for a variance, as opposed to the burden of proof required for a special excepti~ 11. upon informationand belief, the respondent Board wrongfully rejec%ed and disregarded the expert testimony by the afore- said Albert W. Albertson, Jr. submitted at the hearing by petitioner. 12. The decision by respondent Board denying petitioner's application for a special exception to convert the one-family dwelling situate at the above described premises to a two-family dwelling, on the aforesaid property is arbitrary, capricious, unconstitutional, and contrary to law in that: -3- (a) The decision of the Board is wholly incomplete in that it does not set forth the facts upon which the determination is based as required by the above mentioned Section 100-121(C) of the Code of the Town of Southold. In this regard the decision is con- clusory and does not in any way make a factual determination as to the findings which must be made pursuant to the abo=e mentioned section. (b) There is no evidence before respondent Board to support the findings of fact and the legal conclusions set forth in their decision as the basis for denial of the relief sought. (c) Respondents erroneously equated petitioner's appli- cation for a special exception with an application for a variance and held petitioner to the wrong standard of proof required for petitioner's application. (d) The uncontradicted evidence before the respondent Board clearly established petitioner's right to a special exception. (e) Respondent Board invoked standards not authorized by the zoning ordinance. (f) Respondent Board found facts which were unsupported by the evidence, and they failed to find facts which were not in dis- pute, which were uncontradicted, or clearly established at the hear- ing. 14. No previous application for the relief sought herein has been made to any court or judge. 15. That thirty (30) days has not elapsed since filing on August 20, 1981 of said determination and decision in the Office of the Town C~e~, ~o~ :~ Town. of Southold. WHEREFORE, your petitioner respectfully asks that pursuant to the provisions of the statute in such cases made and provided, this court review the aforesaid decision of the ZONING BOARD OF APPEALS of the TOWN OF SOUTHOLD and that a judgment be granted herein reversing, annulling, and setting aside the aforesaid decision of the ZONING BOARD OF APPEALS of the TO~ OF SOUTHOLD dated August 20, 1981, and direct- ing said ZONING BOARD OF APPEALS to grant the special exception necessary to convert petitioner's premises from a one-family dwelling to a two-family dwelling in accordance with the aforesaid application, and granting such other and further relief as may be just and proper. Dated: September 18, 1981 Yours, etc. IRVING L~ PRICE, JR., ESQ~ Attorney for Petitioner P.O. Address: 828 FRONT STREET GREENPORT, NEW YORK 11944 Telephone No. (516) 477-1016 STATE OF NEW YORK) COUNTY OF SUFFOLK) ss.s DAVID I. DeFRIEST, being duly sworn, deposes and says that deponent is the petitioner in the within action; that deponent has read the foregoing petition and knows the contents thereof; that the same is true to deponent's own knowledge, except as to the matters therein stated to be alleged on information and belief, and that as] to those matters deponent believes it to be true. Sworn to before me this 18th day of September, 1981. ,,, DaVld~t,:,,,DeFrtes~ ............... -5- Southot'd Town Doard of A~eals -18- April<_, 198~ MR. PENNY: Well, in looking at this, the only problem we have is that~the access door is going to be at the end of the building; and the access door has t~ be centered, and so we are running into the office bu~~th~'i ~ question of how far we have to go in on~ direction or another back there, and still hav~ full use of a 20-foot door. So I~d have to get that down to ~ lot closer scale before I could give you an exact figure on that. But I really don't see where I need more than three feet to work on that back of the building. MR. CHAIRMAN: Yeah, I see what you mean. Did you see the sketch, Bob. If you come back here-- MEMBER DOUGLASS: Yeah, I looked at it. Well, we're only asking two feet. The door is in the center. MR. CHAIRMAN: It's hard to say beqause this is not, as you .say, drawn to scale. ~ MEMBER DOUGLASS: What's the width of your door, George? MR. PENNY: Twenty foot. That's why we wanted to get the building back as far as possible for access. It's very possible that a foot or two in any direction may not effect it, but I couldn't be positive at this point. MEMBER GOEHRINGER: Do you have a copy of the cesspool layout on the house that you're worried about too? Do you have any idea where they are? MR. PENNY: Oh yeah. know where they are. I don't have a copy of it, but I MR. CHAIRMAN: Ok, George, you can sit down. Is there anyone else to speak for this? Anyone to speak against it? (Negative) On motion"by Mr. GrigOn~'S, seconded by Mr. Douglass, it was RESOLVED, to close the hearing and reserve decision in the matter of Ge0rg~ L. Penny, I~c. in Appeal No. 2792. Vote of the Board: Goehringer and Sawicki. Ayes: Messrs. Grigonis, Doyen, Douglass, PUBLIC HEARING: Appeal No. 2793. Application of David I. DeFriest, Main Road, Southold, NY (by Irving L'. Price, Jr., Esq.) for a Special Exception to the Zoning Ordinance, Art. III, Sec. 100-30(B) (1) for permisSion to change use of existing dwelling from one-family~to two-family dwelling use at 51320 Main Road, Southold; bounded north and east by DeFriest; south by Jankowski; west by Main Road; County Tax Map Item No. 1000-70-2-4. Southold TQwn Board of A~peals -19- April',,._, 1981 · The Chairman opened ~he hearing at 9:04 p.m. by reading the appeal appliCation and related documents, legal notice of hearing and affidavits attesting to its publication in both the local and official newspapers, Notice of Disapproval from the Building Inspector, and letter from the Town Clerk that notifica- tion to adjoining property owners was ~ade; fee paid $15.00. MR. CHAIR/4AN: We have a survey of the property and County Tax Map of this and the adjoining properties showing the existing house,, which is to be converted to~,a two-family house. IRVING L. PRICE, JR., ESQ.: I'm Irving L. Price, Jr. I'm an attorney-at-law with offices at 828 Front Street, Greenport, NY. As stated in the application, I appear on behalf of David I. De- Friest w~th reference to the conversion of a one-famiiy house in an A-Zone to a two, family house pursuant to request of a Special Exception. And I would like to have the Board allow me to question Mr. ~lbert Albertson, Jr., a real estate.broker, who will testify in behalf of the application. Will you give your name and address? ALBERT ALBERTSON: Southold~ New York. Albert Albertson, real estate broker, MR. PRICE: Are you a licensed real estate broker? MR. ALBERTSON: Licensed real estate broker. MR. PRICE: Southold Town? Have you bought and sold real property in MR. ALBERTSON: I have. MR. PRICE: How many years have you done that? MR. ALBERTSON: for about 15 years. Not as.a broker but before I was a broker MR. PRICE: Are you familiar with this property? MR. ALBERTSON: Very much. -MR. PRICE: Did I request that you survey this property and the adjoining property? MR. ALBERTSON: You did. MR~ .PRICE: found? And in your own words would you tell us what you MR. ALBERTSON: I found that from Oaklawn Avenue up to Baker's Real Estate I found approximately seven two-family houses, so that I don't think it would be unique to change this into two-family. ~ Southold ~own Board of A~eals -20- April ~ , 1981 MR. PRICE: With reference to this specific property, would you give the iBoard your opinion 'as to whether or not the use will prevent the orderly and reasonable use of adjacent properties or properties in adjacent use districts? MR. ALBERTSO~: Not one at all. MR. PRICE: Whether the use will prevent the orderly and reasonable use of permitted or legally established uses in a district wherein a proposed use is to be located or are permitted or legally established uses in adjacent use districts? Or whether the health, safety and welfare, comfort and convenience, or the order of the Town will be adversely affected by the proposed use and its location? MR,~ ALBERTSON: Absolutely not. MR. PRICE: As to whether or not the use will be in harmony wit~ and promote the general purposes and intent of this Chapter? MR. ALBERTSON: Yes. MR. PRICE: Also, would you give your opinion as to whether or not the character of the existing probable development of uses in a district and peculiar suitability of such district for the location of any such permitted uses will be furthered by such' con- version? MR. ALBERTSON: No. MR. PRICE: Or hindered by such conversion. ~4R. AI.BERTSON: No. Not at all. MR. PRICE: Whether or not the conservation of [~roperty values and the encouragement of the most appropriate uses of the ].and wJ]l be fostered by this conversion? MR. ALBERTSON: No. MR. PRICE: Whether there will be an adverse effect of ~khe creation or undue increase of vehicular traffic cong~'~stion on public streets or highways because of the propos~d use? MR. ALBERTSON: No. MR. ?RICE: Do you believe that there is a satisfactory availability of adequate and proper public or private water supply and facilities for the treatment and removal of discharged sewage, refuse or other affluent, whether liquid, solid, gases or otherwise that may be caused or created by or as a result of the use? Whether the use of the materials incidental thereto are produced thereby and they give off obnoxious gases, odor, smokes or soot? ~outhold Tpwn Board of A~eals -21- April's_, 1981 (Appeal No. 2793 - David I. ~DeFriest continued:) MR. ALBERTSON: None MR. PRICE: Whether the use will cause disturbing emissions of electrical discharges, dust, light, vibration or noise? MR. ALBERTSON: No. MR. PRICE: Whether the opemation and pursuit of the use will cause undue interference with the orderly enjoyment by the public of parking or recreational facilities, if existing or if proposed by the town or by other c~mpetent governmental agencies? MN. ALBERTSON: No. MR. PRICE: Is there anything you would like to add? MR. ALBERTSON% Yes. I would lik~ to just add that as you probably realize, we have no place for our young people to live in Southold. They can't afford to build, and what we're finding out is, and the proof of it is in our fire department. We have people that come in our of high school and they are able to stay with us for about three years until they get married; and then they're forced to leave our town. And what we're winding up with is a bunch of old people in the fire department. We can't get young people to come in and stay because they can't live here. They haven't any place to go. I would certainly love to see some of these big homes turned into two-family. MR. PRICE: In your opinion, Mr. Albertson, would it be a hardship to maintain this building as a one-family residence? MR. ALBERTSON: Absolutely. It can't carry itself. MR. PRICE: And would conversion into a two-family house be of economic aid to eliminate such a hardship? MR. ALBERTSON: Certainly. MR. PRICE: Thank you. MR. CHAIRMAN: Thank you, Mr. Price. Is there anyone else to speak for this? Anyone to speak against the application? (None) Any of you board members have any other questions you would like to ask? MEMBER GOEHRINGER: Mr. Albertson, when you describe the seven two-family houses within the general vicinity of this particular house, you were .talking from Baker Real Estate to where? MR. ALBERTSON: Oaklawn Avenue. MEMBER GOEHRINGER: Thank you. Southold Town Doard of A eals -22- April ~, 1983 MR. ALBERTSON: On both sides. MEMBER GOEHRINGER: On both sides of the road. MR. ALBERTSO~: Yes. ~ MR CHAIRMAN: No questions, I'll offer -- from no one any more information? I'll offer a-resolution closing the hearing and 'reserving decision until later on. On motion by Mr. Grigonis, seconded by Mr. Goehringer, it wang RESOLVED, to close the hearing and reserve decision in the , matter of David I. DeFriest in Appeal No. 2793. Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Douglass, Goehringer and Sawicki. PUBLIC HEARING: Appeal No. 2794. Application of Victor E. Catalano, 22 Canterbury Drive, Hauppauge, NY 11787 for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for permission to build a one-story garage with insufficient front and side yard setbacks at the south side of Peconic Bay Boulevard, Laurel; bounded north by .Catalano and Peconic Bay Boulevard; east by Keller; south by Bay; west by Pridgen; County Tax Map Item No. 1000-128-6-13.2. The Chairman opened the hearing at 9:15 p.m. by reading the appeal application and related documents, legal notice of hearing and affidavits attesting to its publication in both the local and official newspapers, Notice of Disapproval from the Building Inspector, and letter from the Town Clerk that notifica- tion to adjoining property owners was made; fee paid $15.00. MR. CHAIRMAN: We have a survey of the property and tax map showing the proposed project. They wish to attach a garage on the easterly .side of the house; it would leave one corner of the garage six feet from the property line because of the angle of the house; and the furthest part of the garage would be 12 feet f~om the line. Is there anyone here that wishes to speak for this application? VICTOR E. CATALANO: I'm Vick Catalano, and l'm asking for the approval. The only thing I would like to say is a portion of this parcel', this is one lot of the three lot parcel under my name, and the only alternative I would have to that site would be on the third lot of the property, which is near the road that I think would create a bigger problem as far as neighbors; changing the layout of the property-- I think it would be a lot easier to put it here in terms of eyesore if we wi].], from the road. It will Be my permanent residence, and it does not have SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK DAVID I. DeFRIEST, Petitioner, -against- CF~RLES GRIGONIS, JR., CHAIRMAN, and ROBERT DOUGLASS, GERARD GOEHRINGER, JR., JOSEPH H. SAWICKIv and SERGE J. DOY~r~, JR., constituting the ZONING BOARD OF APPEALS of the TOWN OF SOUTHOLD, GEORGE H. FISHER, SENIOR BUILDING INSPECTOR of the TOWN OF SOUTHOLD, Respondents. STATE OF NEW YORK) COUNTY OF SUFFOLK) Index No. AFFIDAVIT ALBERT W. ALBERTSON, JR., being duly sworn, deposes and says~ 1. I bm the same ALBERT W. ALBERTSON, JR. who testified on behalf of petitioner herein, DAVID I. DeFRIEST, at a hearing before the Southold Town Zoning Board of Appeals held on April 2, 1981. 2. That I have read the minutes m~de at the above-mentioned public hearing and have found that they are not accurate. 3. In respect to a question asked of me by Mr. Irving L. Price, Jr., Esq., attorney for petitioners '.!.]..*~Al~'.[~oU]~ you give your opinion as to i'whe.t]i~.6~Ot the character of the existing p~6~e~elopment of uses in a district and peculiar suitability of such district for the location of any such permitted uses will be furthered by such conversion?.... I answered same in the affirmative. 4. I responded in the affirmative to the following ques- tion by Mr. Irving L. Price, Jr., attorney for petitioner, "Whether or not the conservation of property values and the encouragement of the most appropriate uses of the land will be fostered by this conversion?" 5. I answered in the affirmative to the following ques- tion of Mr. Irving L. Price, Jr., attorney for the petitionerl ...Do you believe that there is a satisfactory availability of adequaee and proper public or private water supply and facilities for the treatment and removal of discharged sewage, re- fuse or other affluent, whether liquid, solid, gases or otherwise that may be caused or created by or as a result of the use?.... 6. I further state that the remainder of my testimony as indicated in the minutes of the hearing held April 2, 1981, before the Zoning Board of Appeals is accurate. "i~['bert 'Wi~ 'Alber~son, jr. Sworn to before me this 18th day of September, 1981. Nbta~y .................... ~. PRICE. JR. NOTARY PUBLIC. Slet~, ofd~le~' York Suffolk. County Ne. Term £Xpires Mqrcl~ 30, 1983 -2- IS PRE} ~2[D, A:-D ~., H~S ~:HALF TO THE ~t(D~4G iNS~iTUTIDN L:ST~D ~.RCC>~, AND TU~iON. GUA~AI'i[E~S AC:E ~.~OT T~ANSFERABLE TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONIIWG BOAI~D OF APPEALS DATE .... ~./.!~f.~.l Appeal No. 2793 by application Dated March 3, 1981 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To %~rving L. Price, Jr., Esq. Attorney for Mr. David I. DeFriest 838 Front Street, Greenport, NY 11944 Appellant at a meeting of the Zoning Board of Appeals on May 22, 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 Art. III, ( ) Request for a variance to the Zoning Ordinance ( ) the appeal Sec. 100-30 (B) (1) 1. ~:t)I~:~l~X(Xi~~X~g~tg,~~a~~X~i~gsX~{~}fe~sa~XaXl~cial exception ( ) be granted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be ~~ePublic Hearing: 4/2/81: Application of David I. DeFriest, Main Road, Southold, NY (by Irving L. Price, Jr., Esq.) for a Special Exception to the Zoning Ordinance, Art. III, Sec. 100-30 (B)(1) for permission to change use of existing dwelling from one-family to two-family dwelling use at 51320 Main Road, Southold; bounded north and east by DeFriest; south by Jankowski; west by Main Road; County Tax Map Item No. 1000-70-2-4. (SEE REVERSE SIDE) 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of ihe ()rdinam:e (would) (wouhl n.t) i,~.(luce hurdship because practical di f fit. till ics (,r u n n(','~,,t;:;;)~ y (SEE REVERSE SIDE) (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) (woulct not) and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. FORM ZB4 CG: lk ZONING BOARD OF APPEALS TOWN OF $~uTHOLD, NEW YORK APPLICATION FOR SPECIAL EXCEPTION APP~CATIbN NO. DATE 3/3/81 TO THE ZONING BOARD OF APPEALS, SOUTHOLD, N. ¥. Ii~ ~W~ DAVID I. D~FRIEST ~ (No Number) Main Road Name Street and Number Southold New York MunicipaUty State hereby apply to THE ZONING BOARD OF APpEAT.c~ for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE ARTICLE I I I SECTION 10 0- 3 0 SUBSECTION B ( 1 ) THE SPECIAL EXCEPTION IS REQUESTED BECAUSE Applicant wishes to convert a one family dwelling to a two family dwellihg for economic reasons. This is the only dwell- ing on one lot. Applicant's funeral home adjoins this property, and sub- ject premises were purchased in 1975 so applicant could supervise its use. DAVID I. DeFRIEST STATE OF NEW YORK ) · )ss COUNTY OF SUFFOLk- IRVING L. s~o~ ~ot~ ...... ~...r...d. ............. d,, ~ ........ ~..a...r...?...h. ......... ~...S..~ ........ Notar~ Publi~ By' Siimature PRICE, JR., Agent FORM ZB2 Appellant has appealed to this Board seeking a variance t~ the zoning ordinance for permission to convert existing one-fami~y dwelling to two-family. The premises is located at the southeast side of Main Road, Southold, NY and contains an area of approxi- mately 30,400 square feet, road frontage of approximately 80 feet and depth of 255 feet. Existing on the subject premises are a two-story frame house, large barn and small shed. The Board finds that properties located in the immediate vicinity are of a character similar to the instant parcel and accOrdingly the appellant's circumstances are similar to the circumstances exist- ing generally in the neighborhood. It is the understanding of the Board that similar circumstances have been addressed to the Town Board and that a committee has been formed concerning the possibilities of rezoning the areas abutting Route 25 in Southold'~ Accordingly, on motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, that David I. DeFriest, by Irving L. Price, J~., Esq. as attorney, be denied a variance ~to tha zoning ordinance, Art. III, Sec. 100-30B(1) without prejudice, Appeal No. 2793. Location of Property: 51320 Main Road, Southold"~ NY; bounded north and east by DeFriest; south by Jankowski; west by Main ROad; County Tax Map Item No. 1000-70-2-4. Vote of the Board: Ayes: Messrs. Douglass, Goehringer, Sawicki and Grigonis. Absent was: Mr. Doyen. AND FILEIP, BY TZ: SO~THOLD TOWN CLLAK Town Clerk, of Southold APPROVED DAVID I. DeFRIEST, Petitioner, -against- CHARLES GRIGONIS, JR., CHAIRMAN, and ROBERT .... DOUGLASS, GEPJ~D GOEHRINGERv JR., JOSEPH H. SAWICKI, and SERGE J. DOYEN, JR., etal Respondents. NOTICE OF PETITION and PETITION IRVING g,. PRICE, JR. A"rTO RN EM-AT* LAW GREENPC)RT, N. ¥. 11944 (516) 477-1016 ~%, ss-: SEC. NO. 069 03-006 ,,~', _ - _ ~ ~ ,~' _ '- 10'9 Z % FOR pARCEL NO. ~ SEE SEC. NO. 069 ~ 0~-010 I 4 BOWERY ~ILLOW HILL CEMETERY / 5 i.OA(c)'E 6 15 I.I A / ~ ~7 ~ 3, o$ 13 .1.4A o_ SEE SEC. 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