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SMITH, FINKELSTEIN, LUNDBERG, CRIMMINS AND YAKABOSKI July 24, 1985 Hon. Francis J. Murphy, Supervisor Town of Southold Town Hall - Main Road Southold, New York 11971 Re: Yuelys v. Grigonis, et al. Dear Supervisor Murphy: Enclosed is photocopy of decision of the Appellate Division, Second Department, published July 5, 1985, in the New York Law Journal, affirming Supreme Court Justice Stark's decision' o~ January 31, 1984, in the above- referenced matter. You will note that the proceeding goes back quite a time, since Mr. Grigonis has not served as Chair- man on your Board of Appeals for a couple of years now. I am also enclosing herewith our statement for services rendered since our last statement of November 5, 1984, in connection with the defense of the appeal. Enclosures FJY:mo Very truly yours, cc.: Robert W. Tasker, Esq. Mr. Gerard P. Goehringer 1VEW YORK LAW JOURNAL--Friday, July · ,ubin ,r~d {lunzemau, a pr~eediu{ pursuit lo CP~ article 7~ of the ~ng Bo~d of Ap~ais of the appeals from a )udgmeni of the Supreme ~u~, 6uffo]k ~un~y tStark, J.), dated ceeding ~ ~t, ~se~ Subsequent]y,ve~ondents Memorandum from.... Southold Town Board of Appeals TOWN HALL, SOUTHOLD, N.Y. 11971 765-1809 To: Date: 6/20/83 Supervisor, Town Board members, Town Attorney Tasker, F.J. Yakaboski, Town Clerk Jerry Goehringer, Chairman Please find attached hereto copy of a Notice of Petition and Petition returnable July 18, 1983, and which was served upon the Clerk of the Board today. A second rehearing request by Mr. Yuelys was not permitted...an unanimous vote was not rendered to rehear same. Mr. Yuelys was granted a conditional variance February 26, 1982 in Appeal No. 2886 and objects to Condition No. 3 (building to be no closer than 3' to property line). Es~ SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOK NICHOLAS D. YUELYS, Petitioner against GERARD P. GOEHRINGER, CHARLES GRIGONIS, JR., SERGE DOYEN, JR., ROBERT J. DOUGLASS and JOSEPH H. SAWICKI, constituting all the members of THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD, Respondents SIRS: NOTICE OF PETITION (C) , respondent shall serve its answer and suporting affidavit, if any, PLEASE TAKE NOTICE that upon the annexed petition of NICHOLAS D. YUELYS, verified on the 18th day of June, 1983 and all the attachments thereto, including the decision of the ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD, dated May 25, 1983, an application will be made to this Court at a Special Term Part I thereof, to be held at the Courthouse thereof, located at Griffing Avenue, Riverhead, New York on the 18th day of July, 1983 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 said ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD BE ordered, directed and required to issue or direct the issuance of an app- ropriate building permit for the petitioner in accordance his application therefor, or an together with any further or different relief which to this Court may seem just and proper herein, and PLEASE TAKE FURTHER NOTICE that pursuant to Section 7804 the -1- at least five (5) days before such time. Dated: New York, N.Y. June 18, 1983 Yours etc., NICHOLAS D. YUELYS Attorney for Petitioner Office & P.O. Address 6159 Broadway Bronx, N.Y. 10471 212 884-9330 · SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK NICHOLAS D. YUELYS, Petitioner against GOEHRINGER, CHARLES GRIGONIS,JR. GERARD P. SERGE DOYEN,JR., ROBERT J. DOUGLASS and JOSEPH H. SAWICKI, constituting all the members of THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD, Respondents TO THE SUPREME COURT OF THE STATE OF NEW YORK, The Petitioner, NICHOLAS D. YUELYS, fol lows: PETITION COUNTY OF SUFFOLK: respectfully alleges as 1. Petitioner is the owner of premises situated in the Town of SUffolk County, State of New York, and the premises are located Southold, 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 of September 9, 1963 and is still 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 GERARD P. GOEHRINGER was and sti] is Chairman. 3. Petitioner is the owner of a one family house located on th~ premises described in Exhibit A and a survey showing its locattion is annexed hereto as Exhibit B. 4. Respondent first applied for a building permit to add an accessory building on his property on October 31, 1980 which was dis- -1- approved by the building inspector because it violated Article III, Section 100-32 of the Code of the Town ~f 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, 1981, 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 buildinq permit for a garage and an accessory building to the Building Department on September 14, 1981 and which was disapproved by the Buildinq Inspector the same day as shown on Exhibit D, attached hereto, based on the same violation in that an accessory buildinq 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 relief sought was as follows: (a) An accessory building, from said disapproval wherein the 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 b,~JJdJl],l in thc, front yard. 72 This appeal was thereafter denied by the Board's decision dated October 21, 1981 and attached hereto as Exhibit E. -2- 8. Petitioner then commenced an Article 78 proceeding in this Court ~nder Index No. 24063/1981 9. During the pendency of the proceeding in this Court, in an agreement made with the Town's attorney in that action, the Board reconsi ered and granted the application as shown on Exhibit F but made certain restrictions which rendered the approval meaningless for the relief requested. 10. Petitioner contacted the attorney for the Town and was assured orally that there would not be a problem and submit the plans ~' for the relief demanded by the petitioner. The letter sent and att~ch~ hereto as Exhibit G showed petitioner's concern but based on the attorney' assurance, petitioner withdrew his Article 78 proceeding by Stipulation as shown by Exhibit H attached hereto. 11. This agreement and understanding was not lived up to by the Town when petitioner requested a building permit and petitioner thereafter submitted the rejection and his request for a variance and this appeal was known as Appeal No. 3130, the fee duly paid, and in' compliance with the Code of the Town o.f Southold. ~This is attached hereto as Exhibit I. 12. The Board by letter dated May 25, 1983 notified petitioner of its decision which is attached hereto as Exhibit J. 13. The said action and determination of the Zoning Board of Appeals was and is unsupported by any evidence, is illegal, arbitrary, capricious, improper and an abuse of its discretion. The action taken by the Zoning Board of Appeals has deprived your petitioner of the right to make use of his property by denying this variance. -3- 14.Thirty days have not elapsed since the decision of the Zoning Board of Appeals of the Town of Southold and no previous application for a Court review has been made of this decision but there has been a Court review of the prior decision as set forth in this petition. 15. In order for this Court to render its decision and that petitioner may receive justice , petitioner shall move this Court under Index No. 24063/1981 to be relieved of his ~ipulation whereby he withdrew his prior application and said motion shall be made returnable the same day as this proceeding. Thus if the Court finds that petitioner should be relieved of his stipulation which was obtained under an agreement that was never kept and restores the prior proceeding to the mQtion calendar upon serving the Clerk of this Court with an Order to that effect, then this proceeding would be withdrawn by petitioner and rendered moot. 16. If the prior or simultaneous motion is denied then this proceeding should be granted. The decision of the Board was determined at a Special meeting without any notice to petitioner and without any basJ or evidence of any kind, but merely on a "round table basis". It wa~ clearly arbitrary and capricious in that petitioner was not afforded an opportunity to present his evidence. P~ti%ioner submits that the Code of the Town of Southold requires a public hearing to be held and a formal devison to be entered and not to arbitrarily dismiss the application for whatever reasons the Board may have, whether prejudiced or arbitrary. 17. 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 matter; 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 determ- ination set forth is not authorized by statute to rehear the matter upon 4 the application of the petitioner, and the only remedy petitioner has is this Article 78 proceeding. WHEREFORE your petitioner prays that pursuant to the provisions of the statute in such cases made and provided, a judgment be entered herein, directing that the decision of the zoning Board of Appeals of the Town of Southold be annulled and that its determination denying the application of petitioner be reversed and that the Zoning Board of Appeals of the Town of Southold be ordered, directed and required to issue or direct the issuance of an appropriate building permit for the petitione~ in accordance with his application; and prays that this Court at a Special Term dispose of this cause on the merits and the evidence sub- mitred and in the application and determine all questions which may be p~esented for determination under Section 7803 or, the CPLR' d~ec~ing the~ variance herein for the purposes herein sought, together with such other and further or different relief which to this Court may seem jUSt' and properl Dated: New York, N.Y. June 18, 1983 STATE OF NEW YORK COUNTY OF BRONX SS: On June 18, 1983 before me NICH0-LA~ D. ~S V ~' personally came NICHOLAS D. YUELYS ~o me know to be the.person described in and who executed the foregoing petition. acknowledged that he executed the same. Such person duly swore to such instrument before me and duly Slandaed N. Y.B. ].U. Form gOO}' · 3-63-20M-Bafgai, and Sale Deed. with Covenant ~gain,e Geanto~'l -hldlvidual oz Coiporalion. Ii CONSULT YOUR LAWYER BEFORE SIGNING THIS.INSTRUIb~ENT--THIS INSTRUMENT SHOULD BE USED BY LAWYEI~ ONLY. 7. s. ......... .... THIS INDF..N'rUI~ nmde the ~ day of September , r~neteen hundred and sixty-three BETW~-£N 0TT0 W. SCHAFER~ devisee under the Last Will and Testament of Emma T. Schafer~ deceased~ resdding at East Marion~ Town of Southold, Suffolk County~ New York~ partyof the first part, and NICHOLAS~YUELYS, residing at 32~0 Tibbett Avenue Bronx 63, New Yo~l{, party of the second part, wl'rN~q-14~ that the party of the first part, in consideration of ........... One ($1.00) ......... -- dollars, lawful money of the United States,nd 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, that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being ~ at ~rshamomoque ~ 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 ~vedon 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; THENCE north 13 degrees 56 minutes ~0 seconds west along the easterly side of said land now or formerly df .Avedon and formerly of Corwin 130.0 feet to the mean h~h water mark of Long Island Sound; THENCE along said mean high water mark of Long Island Sound on a tie- line course of north 69 degrees 12 minutes ~0 seconds east 50.36 feet to land now or formerly of Atwan and formerly of Jensen; THENCE south 13 degrees 56 minutes ~0 seconds east ~ ong said land now or formerly of Atwan and formerly of Jansen 136.0 feet to the north side of North Road; THENCE 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. TOC_.,t.l'l'lER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereo{, TOC~II-[F..R with the appurtenances and all the estate and rights of the party of the first part in and to said premises, TO HAV~ AND TO HOLD the premises herein granted unto the party o{ 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 the first part, in compliance with Section 13 of the Lien Law, covenants that the party o{ the first part will receive the consideration for this conveyance and 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 apply 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 be construed as if it read "parties" whenever the sense of this indenture so requires. IN ~¥1TNF-.~ WHEREOF, the party of the first part has duly executed this deed the day and year first above writtem PRESENCE Ol~: NORTH ~OAD OTTO W. VAN '~ TO~ OF SOUTHOLD, NEW YORK ACTION OF THE ZONI~G BOARD OF APPEALS Appe~ No. 2769. Application DaSd 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 Appellant at a meeting of the Zoning Board of Appeals on D e c e m b e r 2 9, 1 9 8 0, 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. II I ~ Sec. 100-32 (.) the appeal ~ranted ( ) ~ de.ed pursuant to ~ticle .................... Section .................... Subs~tion .................... para~aph .................... of the Zoning Ordinance and the d~ision of the Building I~pector ( ) be revers~ ( ) be co~irmed b~a~e Appl i cati on of Ni chol as ~, 6159 Broadway, Bronx, NY 10471 for a Variance to the Zoning ace, Art. III, Sec. 100-32 for permission to construct accessory 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 (North Road)~ 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) Strict application of the Ordinance (would) (would not) produce hardship because (SEE REVERSE SIDE) practical difficulties (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this prope_rt~_ and in the same use district _be_cause (SEE REVERSE SIDE) (c} The variance (does) (does not) observe tile spirit of the Ordinance and (would) change the character of the district because (would not) (SEE REVERSE SIDE) 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 ZONING BOARD 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 by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, that Nicholas D. Yuelys' application for a variance dated December 3, 19~0 be denied without 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. lO00-44-1-1g. Vote of the Board: Ayes: Messrs. Grigonis, Douglass, Goeh- ringer and Sawicki. Absent was: Mr. Doyen. APP[iOVED RECEIVED AND FILED BY ~'-".- SOU'£.:OLD TO~'~N CT~!C TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ /ql£t~t t, l~'2 ~ ~" l~t: tx,, ,- Date .......................... , ..... PLEASE TAKE NOTICE that your application dated ............... .~.g..~? . .,~9. for permit to construct..~. [. ?./¥.~! .[./?...~.C. (.5 ?. I., ..... ~.'. ;.': .~.' ~! .(.'.. (.F'.~. t' ~. ~.' .~.~ ...... at Location of Property [-I~ "~o: ' ' '~' ........... ; ....... 'S't[e3i '- ...................... $1~i~ ' · ~/.~ County Tax Map No. 1000 Section .......... /... ]]lock ........ ./ ..... Lot .... ~. ........ Subdivision ................. Filed Map No ................. Lot No ..... ::~. .......... is returned herewith and disapproved on the following grounds A('.( .li ..'-.~ .O.l..',... ., ..; .i.I !t..,~ ! .~,..,?. p~,; ..~.}:.~.)~. '-nt:~) ~ ~ ~, ,ti,. ,~ ..... ~ .......... Building Inspector TOWN OF SOUTIIOLD, NEW YORK ACTION OF THE ZONING BOARD 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 Appeflant at a meeting of the Zoning Board of AppeaIs 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 exceptiou under the Zoning Ordinance Q{}0 Request for a variance to the Zoning Ordinance Art. III, Sec. ( ) the appea~ 100-32 1. s~:~Ix~I~`K~s~V~x~x~ev~xF~a~xF~Y~Y~c~hv~x~`~t~n ( ) be ~an~d ( ) be denied pursuant to ~ticle .................... Section .................... Subsection .................... para.aDh .................... of the Zoning Ordinance and the decision of the BulldOg Inspector ( ) be reversed ( ) be cx~ll~te 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) Strict application et the Ordinance (would) (would not) produce practical difficulties hardship because (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 o! the Ordinance and (would) change the character of the disirict 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, CG: lk FORM ZB4 ZONING BOARD OF APPEAL.5 'Appellant has appealed to this Board seeking a variance to 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 approx£mately 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: Messrs. Doyen, Douglass, Goeh- ringer, Sawicki and Grigonis. RECEIVED AND FILED BY SOUIHCLD TO%%'i CLEPJf To~ Clerk, To~n o~ Sound APPROVED Cllmrm n APPEALS 8OARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR, SERGE DOYEN, JR. RODERT J. DOUGLASS JOSEPH N.~AWICKI Southolcl Town Board of Appeals HAIN ROAD- STATE ROAD 25 SOUTHrlLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 March 15, 1982 Mr. Nicholas D. Yuelys 6159 Broadway New York, NY 10471 Re: Appeal No. 2886 Dear Sir or Madam: Attached herewith is a copy of the formal findings and determination recently rendered and filed this date with the Office of the Town Clerk concerning your application. In the event your application has been approved, please be sure to return to the Building Department for approval of any new construction, or for a certificate of occupancy of the premises, as may be applicable. If you have any questions, please do not hesitate to call either our office or that of the building inspector at 765-1802. Yours very truly, Enclosure Copy of Decision to Building Department GERARD p. GOEHRINGER . ~ ~naa Aowalski, Secretary TOWN OF $OUTHOLD, NEW YOltK ACTION OF TIlE ZONING BOAItD OF APPEALS Appeal No. 2886 Dated September 14, ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Mr. Nicholas D. Yuelys 6159 Broadway New York, NY 10471 1981 Appellmnt at a meeting of the Zoning Board of Appeals on February' 26, 1982 was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Bequest for a special exception under the Zoning Ordinance ~ ) Request for a variance to the,Zoning Ordinance Art. III, Sec. 100-32 ( ) th~ appeal 1. ~~;]l~,~](~/t~l/[sl~X~RX~~~~tion ( ) be ~anted ( ) be denied pur~ant to Article .................... Section .................... Subse~on .................... paragre~ .................... nf the Zoning Ordin~co =n6 the deelsien of the Building Iurp~tor ( ) be ~versed ( ) be ~F~ Rehearing held 2/26/82: Application of Nicholas D. Yuelys, 56005 County Road 48, Greenport, NY for a rehearing of Appeal No. 2886 for a variance to the zoning ordinance, Article III, Section 100-32 for permission to construct accessory building in the frontyard area at 56005 C.R. 48, Greenport, NY; bounded north by L.I. Sound; west by Chudan; south by C.R. 48; east by Atwan. County Tax Map Parcel No. 1000-44-1-19. (SEE ATTACHED) 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would n~t) produce hardship because ~ (SEE ATTACHED) practical dii'flsulties or (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 because '(SEE ATTACHED) · (~) The variance (does) (does not) observe the spirit nf the Ordinance and (would) change the character of the district because (SEE ATTACHED) (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. GPG: lk FORM ZB4 Gerard P. Goehringer, Chairman ZONING BOARD OF APPEALS Page 2 Decision Rendered February 26, 1982 Matter of Nicholas D. Yuelys - Appeal No. 2886 This matter is a rehearing for an area variance a storage accessory building in the frontyard area of in question. to permit the premises The premises in question is located at the north side of County Road 48, Greenport (Suffolk County Tax Map District 1000, Section 44 Block 1 Lot 19). The property has a frontage along the County Road of approximately 50 feet, and an average depth of 133 feet. There is erected on the property a one-family private wood frame dwelling. Applicant has previously applied to this board for a storage and garage accessory building in the frontyard area, for which public hearings were held on December 29, 1980 (Appeal No. 2769) and on October 15, 1981 (Appeal No. 2886), at which times the relief requested were denied without prejudice. Upon inspection of the property and the neighboring parcels, the board has found that the parcel immediately adjacent on the east side has constructed thereon a dwelling with an accessory structure set back less than 10 feet from the southerly property line (C.R. 48) in the frontyard. The board has also been advised that the N.Y.S. Department of Environmental Conservation has permitted the location chosen for an accessory building in the frontyard area, under TW #15273-0114. The existing dwelling is very near tidal wetlands area, the rear yard, and it is the feeling of the board that the only other available yard area, the most practical and feasible under the circumstances, is the front yard. In considering this appeal, the board determines that the variance request is not substantial; that the circumstances herein are unique; that strict compliance with the zoning ordinance will result in practical difficulties; that by allowing the variance no substantial detriment to adjoining properties would be created; that the difficulty cannot be obviated by a method, feasible to appellant, other than a variance; that no adverse effects will be produced on available governmental facilities of any increased population; that the public health, safety and welfare will be secured and justice done; and that the relief requested will be in harmony with and promote the general purposes of zoning. On motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, that Nicholas D. Yuelys be granted a variance to the zoning ordinance, Article III, Section 100-32 for permission to construct accessory storage building in the frontyard area as applied for and SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the size of the accessory storage building shall not exceed the size 8' by 16'; 2. That the accessory storage building not be located closer than 14' from the front property line (along C.R. 48); 3. That nothing may protrude closer than three feet to the Page 3 Decision Rendered February 26, 1982 Matter of Nicholas D. Yuelys - Appeal No. 2886 easterly property line; 4. That the accessory storage building.may not exceed ten feet in height (including any ridges); 5. That the accessory building may not be used for living quarters, (strictly storage purposes). Location of Property: 56006 County Road 48, Greenport, NY; County Tax Map Parcel No. 1000-44-1-19. Vote of the Board: Ayes: Goehringer, Grigonis, Doyen, Doug- lass and Sawicki. This resolution was unanimously adopted. RECEIVED AND FILED BY T -m DATE~/L~/f2 NICHOLAS D. YUELYS July 8, 1982 Smith, Finkelstein, Lundberg, P.O. Box 389 456 Griffing Avenue Riverhead, N.Y. 11901 Crimmins and Yakaboski Esqs. Re: Yuelys vs. Grigonis etc, Dear Mr. Yakaboski: I am enclosing the stip you requested and left room if you want to add anything to the original which is to ~be filed in Court. As to the solution of our problem, the decision rendered February 26, 1982 would have been acceptable except for paragraph 3 which states: That nothing may protrude closer than 3 feet to the easterly property line. This causes the building to be in front of my door and at an angle to every other building on the road. I am enclosing the way the building should be and if paragraph could be amended to read:"That nothing may protrude closer than 3 feet to the building on the easterly side." the whole problem would be solved. I suggest that the Board amend the decision and we can take it from there. Of course if you have a better idea, let us adopt that. Very truly yours, NDY:ps NICHOLAS D. YUELYS SHORT FORM ORDER INDEX 24063 81 NO, 19__ SUPREME COURT- STATE OF NEW YORK ~CLc~][X/SPECIAL TERM, PART I SUFFOLK COUNTY Present: Hon LESTER E. GERARD Justice NICHOLAS D. YUELYS, Petitioner, -against- 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. MOTION DATE March 5th .19__82 N~OTIONNO. 25,990 LTF'S/PET'S ATTY: CHOLAS D. YUELYS, ESQ. 6159 Broadway Bronx, New York 10471 DEFT'S/RESP'SATTY: FRANCIS J. YAKABOSKI, ESQ. SMITH,FINKELSTEIN, LUNDBERG, CRIMMINS AND YAKABOSKI, ESQS. 456 Griffing Avenue Riverhead, New York 11901 Upon the following papers numbered I to lO/~ius r~kdnzo~i~ts motion for article 78 proceeding Notice of I~i/bric~e~ to Show Cause and supporting papers 1-10 and supporting papers ; Answering Affidavits and supporting papers Replying Affidavits and supporting papers ; Other. to a · Notice of Cross Motion ORDERED that~qfl~VeY'~x the Court deems this motion withdrawn pursuant stipulation between the parties dated on or about July 12, 1982· Dated: July 14, 1982 ;~ J'.S.C. ~ LESTER E. GERARD FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ To. ...... ¢.<~9......z~..e~.~/ ..... ~..~r~ - / o~/71 PLEASE TAKE NOTICE that your application dated ,~;,/ ~9- / 19 °0~3 for permit to construct. ~CF.,<..d,~j~... .......... ~ ...................................... at Location of Property ............................................ t ............... House No. Street Hamlet County Tax Map No. 1000 Section /7~ % ......... ........... Block .... Z Lot ..~ ......... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds..~t~q../../~.~..../~.~..e'~ . ..~.. .... ~,~......~....~.....~,~...~...~ .... ~."...~...~.~4. ~ ~..~. ~. ~..~ . .e~..c~.~.. ~,.~..~..~...~/~ ~..~.. ....... ~<..~ .~~ .... ~ B~ilding Inspector RV 1/80 TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. APPEAL NO. DATE May 2, 1983 1, ~ ~.$.C~tOL~S...D.,...~i.U~LYS. .....................of ..6159...Br. oadwa~.,...l~ronx,...~/.~....1O.4.71 Name of Appellant Street and Number Bronx N .Y. ......................................................................................................................... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...... ~la~ch..2~.,...19.~ ............ WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (x) 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 ..... ,5.6.Q.0.5...C:D~3~y. ~,.9.9,.q1,..4..~.,.....G.r..e..e...n.9.o..~.t..,....N.:~.: ....... Street Use District on Zoning Map .1.00.0 ...................... Se ¢.~£~n..44-..B l~¢k....1... ~o t 19 Mop No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article ]EZ]' Section 100-32 3. TYPE OF APPEAL Appeal is made herewith for (x) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cans. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) (No~CX) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit (x) request for a variance and was made in Appeal No. 2.7.6.9. ...................... Dated ...J~.ce~be.i;...3.,....],~.l~.Q ............................ 2886 September 14, 1981 REASON FOR APPEAL ) A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ) ,s requested for the reaso~ that the provisions of the zoning ordinance forbids the location of a garage and accessory building in the front yard. Form ZBI (Continue on other side) Y/ REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because This is an application to reopen the decision of the Zoning Board of Appeals in their decision dated February 26, 1982 (Appeal No. 2886). That the decision is acceptable to the applicant except that CONDITION NO. 3 which reads" "THAT NOTHING MAY PROTRUDE CLOSER THAN THREE FEET TO THE EASTERLY PROPERTY LINE." Attached hereto is the decision of the Board. This decision would make the property at an angle to all other property in the area. A plan of the property would show the following as set forth in Exhibit A. If the decision of the Board was amended to to read nothing may protrude closer than three feet to any construction on the neighbors property then the area plan would look like it is shown on Exhibit B. This would be in character with all the buildings in the area and be approp- riate. Exhibit C is a copy of the surveys of the adjacent properties showing that if the decision is amended everything would be uniform. 2. The hardship createdis UNIQUE and is notshared by all properties alike in the immediate vicinity ofthis property and in this use district because Since this is an application for a rehearing Appeal No. 2886 is resubmitte so that an amendment to the original decision of the Board may be obtained. The prior papers submitted are to be included herein as if set forth in full. If the Board requests, the applicant shall submit the entire file for its examination. 3, The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because A personal examination of the property shows a fence lying on the ground which is approximately the direction that the applicant desires to have the building placed on his line. The applicant has staked the property to show the exact size and dimensions of the proposed accessory building. In addition the applicant is submitting the complete set of plans for the aceessory building showing that it will be in conformity with the surroundings. STATE OF NEW YORK ) COUNTY OF BRONX ) Sworn to this ................. .2. D..c] ...................... day of ............ .Ma.~z ................................ 19 83 ~Nbta~y Public ~ 24-~ L It is evident that if it is built as set forth in the decision it will be the only building Mot perpendicular to the North,Road and it will be at an angle to each and evry other building in the area besides coming in frint of the main house and obscuring the door. 4 e ~ I"' I$I The proposed accessory building is Three Feet (3') from Atwans Building minimum at all points. The house, the proposed accessory building, Atwan's shed and agarage are all parallel so they are all perpendicular to the raod. I Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHraLD, L.I,, N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONI$,JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H, SAWlCKI May 25, 1983 Mr. Nicholas D. 6159 Broadway Bronx, NY 10471 Yuelys Re: Appeals No. 3130 and 2886 Dear Mr. Yuelys: At a Special Meeting held on Thursday, May 19, 1983, it was the consensus of the board that your request filed May 9, 1983 in Appeal No. 3130 for a rehearing of Appeal No. 2886, be denied and that the board's prior decision rendered February 26, 1982 (Appeal No. 2886) not be reheard, changed, modified, or altered in any way. Yours very truly, lk CC: Building Department Town Clerk's Office Index No. Year 19 COUNTY OF SUFFOLK NICHOLAS D. YUELYS, Petitioner against GERARD P. GOEHRINGER, ~{ARLES GRIGONIS, JR., SERGE DOYEN JR., ROBERT J. DOUGLASS and JOSEPH H. SAWICKI, constituting all the m~mbers of the ZONING BOARD OFAPPEALS OF THE TOWN OF SOUTHOLD, ARTICLE 78 PROCEEDING Attorney for NICHOLAS D. YUELYS Pe ti tione r 6159 BROADWAY BOROUGH OF BRONX, NEW YORK 10471 (2! 2) 884-9330 To: Attorney(s) for Service of a copy of the within is hereby admitted. Dated: Attorney(s) for ~ PLEASE TAKE NOTICE [] that the within is a (certified) true copy of a NONCE OE entered in the olfiee of the elerk of the within named court on ENTRY NOTICE OF SETTLEMENT at on 19 , at 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 Dated: NICHOLAS D. YUELYS Attorney for 6159 BROADWAY BOROUGH OF BRONX, NEW YORK 10471 To i A t torney (s) for N912 CL Southold Town Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONI$,JR. SERGE DOYEN, JR. ROBERT J. DOUGLA$S JOSEPH H. SAWlCKI May 25, 1983 Mr. Nicholas D. Yuelys 6159 Broadway Bronx, NY 10471 Re: Appeals No. 3130 and 2886 Dear Mr. Yuelys: At a Special Meeting held on Thursday, May 19, 1983, it was the consensus of the board that your request filed May 9, 1983 in Appeal No. 3130 for a rehearing of Appeal No. 2886, be denied and that the board's prior decision rendered February 26, 1982 (Appeal No. 2886) not be reheard, changed, modified, or altered in any way. Yours very truly, lk cc: Building Department Town Clerk's Office APPEALS BOARD MEMBERS GERARD P. GOEHRtNGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN RI-tAD - STATE RI-tAD ~5 S(~uTHr"ILD, L.I., N.Y, 11cj71 TELEPHONE (516) 765~1809 May 25, 1983 Mr. Nicholas D. 6159 Broadway Bronx, NY 10471 Yuelys Re: Appeals No. 3130 and 2886 Dear Mr. Yuelys: At a Special Meeting held on Thursday, May 19, 1983, it was the consensus of the board that your request filed May 9, 1983 in Appeal No. 3130 for a rehearing of Appeal No. 2886, be denied and that the board's prior decision rendered February 26, 1982 (Appeal No. 2886) not be reheard, changed, modified, or altered in any way. Yours very truly, GERARD P. CHAIRMAN GOEHRINGER lk cc: Building Department Town Clerk's Office STANLEY S. CORWIN, P.C. ATTORNEY AND COUNSELLOR AT LA~V 634 FIRST STREET GREENPORT, NEW YORK 11944 Telephone 516 - 477-0031 May 16, 1983 Zoning Board of Appeals, Town of Southold Town Hall Main Road Southold, New York 11971 Re: Appeal No. 2886 (reconsideration) Gentlemen: Reference is made to the appeal of Nicholas D. Yuelys dated May 2, 1983 with reference to his premises at 56005 County Road 48, Greenport, New York (S.C.T.M. Dist. I000 Sec. 44 Bi. 1 Lot 19). It appears that after he was granted a conditional variance the applicant applied for a building permit for construction which was at variance with the conditions imposed by the board and has appealed from a denial of the building inspector. I understand the board regards this as an application for reconsideration of the previous request for a variance and that the board's rules require unanimous consent for the granting of such reconsideration. I represent the adjoining owners on the east, Mr. and Mrs. A. M. Atwan and in their behalf submit that the request for reconsideration should be denied for a number of reasons. 1. The record is already replete with reasons fromthe previous hearings and submissions. 2. The application contains several gross misrepresentations. For example: the board's condition was that the building was to be a least three feet from the easterly property line. The application (see exhibit A attached to it) refers to the building being three feet fromthe Atwan's building which would bring the proposed new building much closer than three feet to the property line depending on the distance set back from the road. By way of further example: after exhibiting several surveys of adjacent properties all showing the northerly line of C. R. 48 to be on a course S. 76° 03' 20" W. applicant sketches the "direction of the road" as running at a more acute northerly angle. This is a deliberate attempt fraudulently to deceive the · Zoning Board of Appeals May 16, 1983 Town of Southold Page 2 board and anyone who examines the application. 3. The board's conditions provided setback from the road to be at least fourteen feet. In applicant's exhibit B he locates the building back 19' 8" and then complains it obscures the door to this dwelling. The board will note that location, by the way, would provide the greatest interference with light and air to the living quarters in the Atwan's accessory building. Finally, Mr. and Mrs. Atwan never received the certified mall notice the file indicates was sent. Their address is 50 Wimbleton Lane, Great Neck, New York 11023; reportedly the notice was sent to 50 Wimbleton Road in a zip code 11020. They learned of this application by the mere happenstance of unexpectedly stopping by the board's office by chance. It is apparent from Mr. Yuely's actions that he is dissatisfied with the conditions imposed by the board. It seems to me that under the circumstances his present application for a building permit should be regarded as an entirely new application and dealt with accordingly. Kindly note my formal appearance and arrange fo~r~ ~o~pi~es of all further notices to be sent to me. ~ Stanley So Corwin cc. Mr. Yuelys JUDIT[I T. TERRY TOWN CL~RK TO: OFFICEOFTHETOWNCLERK TOWNOFSOUTHOLD May 9, 1983 Southold Town Zoning Board of Appeals Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3130 application of Nicholas D. Yuelys for a variance. Also included is notification to adjacent property owners; Letter relative to N.Y.S. Tidal Wetlands Land-Use; Notice of Dis- approval from the Building Department; and survey. Regulatory Affairs Building 40, SUNY Stony Brook, NY 11794 Robert F. Flacke November 7, 1980 Nicholas D. Yuelys 6159 Broadway Brotm, New York 10471 NO P~llT NECESSA/Y - TIDAL W~'i't~)S ACT TW 15273-0114 Proposed accessory 8' x 16' building 13' from North Country Road 28 P.e: Town of 8outhold (Arshamomoque) New York Dear Hr. Yuels: This is to inform you that we have determined that your proposal to construct s 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 permits, you nay proceed ~r~th your project. DJL/cr MAP OF ,$U~?v'EYED FO~ E'P_NE,ST ~TOL, Z£P... LoN~ ROAD RECEIVED TOWN OF SOUTHOLD, NEW YORK AY, 0 9 1983 APPEAL FROM DECISION OF BUILDING INSPECTOR DATE May 2, 1983 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, ~¢~9 .~.I.C~QL~%S...D.,...~.U~LY$ ...................... of ..61.59...Br. oadway.,...~romx,...~.~....lfl.4.71 Name of Appella,n~ Street and Number Bronx ...... .N,.:.,Y,.., ............. HEREBY APPEAL TO Municipality Store THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...... i~a~ch..2~.,...l~.83. ............ WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (x) 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 ..... 5.6.~Q.5...Cp~rk~y.~.p.~.q1....4.~.8~.~.G.r.e.~e...n~9.~.~.~.~.N..~:~.~ ....... Street Use District on Zoning Map · ],0~0 ...................... Se ¢.~i~n..4 4,..B.% ~e. ~....1... Lo t 19 Map No~ Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article III Section 100-32 3 TYPE OF APPEAL Appeal is made herewith for (x) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) (~) been made with respect to this decision of the Building Inspector or with respect to this property. Such ~ppeal was ( ) request for a special permit (x) request for a variance and was made in Appeal No. ~.7..6.9. ...................... Dated ....De.c~e11~13e.~...3.,....l~..~.Q ............................ 2886 September 14, 1981 REASON FOR APPEAL ) A Variance to Section 280A Subsection 3 x) A Variance to the Zoning Ordinance ) ~s requested for the reason that the provisions o£ the ~oning ord±nance £orbids the locat±on o~ a garage and accessoz~ builcling ±n the ~ront yard. Foz~n ZB! (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because This is an application to reopen the decision of the Zoning Board of Appeals in their decision dated February 26, 1982 (Appeal No. 2886). That the decision is acceptable to the applicant except that CONDITION NO. 3 which reads" "THAT NOTHING MAY PROTRUDE CLOSER THAN THREE FEET TO THE EASTERLY PROPERTY LINE." Attached hereto is the decision of the Board. This decision would make the property at an angle to all other property in the area. A plan of the property would show the following as set forth in Exhibit A. If the decision of the Board was amended to to read nothing may protrude closer than three feet to any construction on the neighbors property then the area plan would look like it is shown on Exhibit B. This would be in character with all the buildings in the area and be approp- riate. Exhibit C is a copy of the surveys of the adjacent propertles showing that if the decision is amended eve~%;thing would be uniform. 2. The hardship createdis UNIQUE and is notshared by all prope~ies alike in the immediate vicinity of this property and in this use district because Since this is an application for a rehearing Appeal No. 2886 is resubmitted so that an amendment to the original decision of the Board may be obtained. The prior papers submitted are to be included herein as if set forth in full. If the Board requests, the applicant shall submit the entire file for its examination. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because A personal examination of the property shows a fence lying on the ground which is approximately the direction that the applicant desires to have the building placed on his line. The applicant has staked the property to show the exact size and dimensions of the proposed accessory building. In addition the applicant is submitting the complete set of plans for the aceessory building showing that it will be in conformity with the surroundings. STATE OF NEW YORK ) ) ss COUNTY OF BRONX ) Swo to this '!?.32 ........ '2'D"d' ...................... day of ................ ,Ma.¥ ................................ 19 83 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 !O: HARINT CANDAN NORTH ROAD GREENPORT, N.Y. NOTICE TO ADJACENT PROPERTY OWNER ALPHONSE M. A~AN 50 wimbledon Lane Great Neck, N.Y. 11020 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) ~;l~q~,~l~:lOR~~) (the following relief: TO construct an acessory building in the front yard ~dj~,L Lo L~L= ioL vwl~=d bz ALPHONSE M. 2. That the property which is the subject of the Petition is located adjacent to your property and is des~ cfi o S:is 5u ~eet wicte ~ronting on County ~{oact 48 extenolng to · 3. That the property which i~s t~he s.ul?je.ct of such Petition is located in the following zoning district: ~esl~en~a± 4. ThatbysuchPetition, theundersigned willrequestthefollowingrelief: TO construct the accessory building three feet from the buildings of Atwan. The varaiance granted on February 26, 1982 (Appeal No. 2886) requested to correct an error caused by the applicant. $~Tha~th~pr~visi~ns~ftheS~uth~dT~ningC~dea~p~ica5~et~thereiiefs~ughtbythetmder. signedare: ~ Section 100-32 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. ( 516) 765-1809 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 flays prior to the date of such · hearktgqn 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: fY;at~' ~. /~-~ ,,etiJJ N C.O 6% Post OfficeAddress 6159 Broadway Bronx, N.Y. 10471 212 884-9330 NAME PROOF OF MAILING OF NOTICE ADDRESS ~{ARI NT CANDAN NORTH ROAD, GREENPORT, N.Y. ALPBONSE M. ATWAN 50 Wimbledon Road, Great Neck, N.Y. 11020 Attached hereto are the ~ertified mail receipts 00 LU STATE OF NEW YORK ) COUNTY OF SUFFOLK ) NICHOLAS D. YUELYS , residing at 3240 Tibbett Avenue, BRonx, N.Y. , being duly sworn, deposes and says that on the ~O-~- day of /O';~4f ,19 ~ ~' , deponent mailed a true copy of the Notice set forth on the re- verse side hereof,di/ected 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 Southold, N.Y. ; that said Notices were mailed to each of said persons by (certified) ~g4__a~__e,al) mail. Sworn to befoy~llJe th. is----. NICHOLAS D. Y~S Y% o o ~:~ .,..4 o o o o SHORT ENVIROh%[ENTAL ASSESSMXNT FORM INSTRUCTIONS: (a) In order to answer the questions in this short gAF is is assumed that the preparer will use currently available inforr~ation concerning the project and the likely impacts of the action. It is not exT. ected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be significant and a ccmpleted EnviroNmental Assessment Form is necessa~/. (c) If all ques%ions have been answered No it is likely that this project is not significant. (d) Enviror.mental Assessment Wi_Il project result in a large physical cbmnge to the project site or physically alter more than 10 acres of land? ...... . Yes k NO 2. Will there be a mmJor change to any unique or unusual land form found on %he site? Yes ~ No 3. Will project alter or have a large effect on an existing body of water? · · · o · Will project have a potentially large impac~ on groundwater quality? · · · · · · · Will project significantly effect drainage flow on adjacent sites? · , · · · · · 6. Will project affect any threatened or endangered plant or animal species? · . · · · 7. Will project result in a major adverse effect on air quality? · . . . . . . Will project have a mmJor effect on visual char- acter of the community or scenic views or vistas known to be important to the community? · · Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical environmental area by a local agency? . . · 10. Will project have a major effect on existing or fu%ure recreational opportunities? . . . 11. Will project result in major traffic problems or cause a major effect to existing transportation 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a resul% of %he proJecu's operation? . Yes ~ No Yes ~' No Yes ~ No Yes ~ No Yes )~ No Yes ~ No 13. Will project have any impact on public health or safety? · · · . · · · · · · · · Will project Affect the existing community by directly causing a grcwth in permanent popula- tion of more than 5 percent over a one-year period Or have a major negative effect on the character Of %he com. munity or neighborhood?. . Yes ~( No Yes ~ No Yes ~ No Yes ~ No Yes ~ No Yes 15. Is there public controvery/~oncerning the project? Yes ~ ~ --' ' ~//~,~ )/~.w~Z DATE: R.PR.S.JTIJG. . 9/[/78 ~(' NO ~' ~o (Toaay ' W Date9 To: Southold Town Board of Appeals Re: Main Road Southold, NY 11971 Appeal Application of Location of Property: NICHOLAS D. YUELYS 56005 Count~ 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 at 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, Southo!d Town Board of Appeal.'_ APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN. JR. ROBERT J. DOUGLASS JOSEPH H. $AWICKI March 15, 1982 Mr. Nicholas D. Yuelys 6159 Broadway New York, NY 10471 Re: Appeal No. 2886 Dear Sir or Madam: Attached herewith is a copy of the formal findings and determination recently rendered and filed this date with the Office of the Town Clerk concerning your application. In the event your application has been approved, please be sure to return to the Building Department for approval of any new construction, or for a certificate of occupancy of the premises, as may be applicable. If you have any questions, please do not hesitate to call either our office or that of the building inspector at 765-1802. Yours very truly, Enclosure Copy of Decision to Building Department GERARD P. GOEHRINGER CHaiRMAN - B~a~ow~e c~r e t i r y ~lnua , y TOWN OF SOUTHOLD, NEW ¥OI~K ACTION OF THE ZON~qG BOARD OF APPEALS Appeal No. 288~ Dated Septe~er ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Mr. Nicholas D. Yuelys 6159 Broadway New York, NY 10471 14 , 1981 Apl~!!~nt at a meeting of the Zonin~ Board of Appeals on February' 26, was considered and the action indicated below w~s taken on your ( ) Request for variance due in lack of access to property ( ) Request for a special exception under the Zoning Ordinance 0/ ) Request for a variance to the Zoning Ordinance a~t. III, ( ) 1982 the appeal Sec. 100-32 1. /~Cl~IC~~;F,~//~ii~ov,~Ne~HX~/~,X:~lle~Jf~if~/a~'~F'~K~it~vtion ( ) be ~anted ( ) be denied pursuant ~ Article .................... Section .................... Subsection .................... para~ra~ .................... ~ the ~ning Ordinence ami the dcoisiam of the Building Inspector ( ) be reversed ( ) ~ ~l%K~k~q~ Rehearing held 2/26/82: Application of Nicholas D. Yuel~s, 56005 County Road 48, Greenport, NY for a rehearing of Appeal No. 2886 for a variance to the zoning ordinance, Article III, Section 100-32 for permission to construct accessory building in the frontyard area at 56005 C.R. 48, Greenport, NY; bounded north by L.I. Sound; west by Chudan; south by C.R. 48; east by Atwan. County Tax Map Parcel No. 1000-44-1-19. (SEE ATTACHED) 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would n~t) produce hardship because (SEE ATTACHED) practical difficulties or unnec,.~,m~y (b) The hardship created (is) (is not) uulque 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 ATTACHED) (e) The variance (doe~) (does not) observe the spirit of the Ordinance end (would) change the charac~ar of the district because (SEE ATTACHED) (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 reverst~l. GPG: lk Gerard P. Goehringer, Chairman ZONING BOARD OF APPEAL~ Page 2 Decision Rendered February 26, 1982 Matter of Nicholas D. Yuelys - Appeal No. 2886 This matter is a rehearing for an area variance to permit a storage accessory building in the frontyard area of the premises in question. The premises in question is located at the north side of County Road 48, Greenport (Suffolk County Tax Map District 1000, Section 44 Block 1 Lot 19). The property has a frontage along the County Road of approximately 50 feet, and an average depth of 133 feet. There is erected on the property a one-family private wood frame dwelling. Applicant has previously applied to this board for a storage and garage accessory building in the frontyard area, for which public hearings were held on December 29, 1980 (Appeal No. 2769) and on October 15, 1981 (Appeal No. 2886), at which times the relief requested were denied without prejudice. Upon inspection of the property and the neighboring parcels, the board has found that the parcel i~ediately adjacent on the east side has constructed thereon a dwelling with an accessory structure set back less than 10 feet from the southerly property line (C.R. 48) in the frontyard. The board has also been advised that the N.Y.S. Department of Environmental Conservation has permitted the location chosen for an accessory building in the frontyard area, under TW ~15273-0114. The existing dwelling is very near tidal wetlands area, the rear yard, and it is the feeling of the board that the only other available yard area, the most practical and feasible under the circumstances, is the front yard. In considering this appeal, the board determines that the variance request is not substantial; that the circumstances herein are unique; that strict compliance with the zoning ordinance will result in practical difficulties; that by allowing the variance no substantial detriment to adjoining properties would be created; that the difficulty cannot be obviated by a method, feasible to appellant, other than a variance; that no adverse effects will be produced on available governmental facilities of any increased population; that the public health, safety and welfare will be secured and justice done; and that the relief requested will be in harmony with and promote the general purposes of zoning. On motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, that Nicholas D. Yuel~s be granted a variance to the zoning ordinance, Article III, Section 100-32 for permission to construct accessory storage building in the frontyard area as applied for and SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the size of the accessory storage building shall not exceed the size 8' by 16'; 2. That the accessory storage building not be located closer than 14' from the front property line (along C.R. 48); 3. That nothing may protrude closer than three feet to the Page 3 Decision Rendered February 26, 1982 Matter of Nicholas D. Yuelys - Appeal No. 2886 easterly property line; 4. That the accessory storage building may not exceed ten feet in height (including any ridges); 5. That the accessory building may not be used for living quarters, (strictly storage purposes). Location of Property: 56006 County Road 48, Greenport, NY; County Tax Map Parcel No. 1000-44-1-19. Vote of the Board: Ayes: Goehringer, Grigonis, Doyen, lass and Sawicki. This resolution was unanimously adopted. Doug- RECEIVED AND FILED BY TI'~E ~,OU~(3~_D TOWN C~P~K ~" Town ~erl:, Town of ~thold .!, '."' -, 1 . The proposed accessory building is Three Feet (]') from Atwans Building minimum at all points. The house, the pro~sed accessory building, Atwan's shed and agarage are all parallel so they are all perpendicular to the re~d. MA P OF' PZ. OPE,q. TY .~UIEVEYE~ FO~ F'I:?. S T ,5'FOL, Z E P,.. ,q ~. ,5 N ,4 h'i O ,'v'l O , .3 U £ ~'ow~ OF $~u~'~o:.m~ ~l.'t'. j;c,4[,~. ~ ZO'=[" 'i Lorl9 .,<tll .. . I z- ~t",1. } [ p'~h ,..,, 0 · .$ 0 MAP 0¢' LAND $. 7&'0 ~ 'W.O "IN. - ~0.0 NOETH ROAD~ GUARANTEED 'T'O "t"HE TI'T"L-E " OTTO 'IN. VAN ~ . V'.,.~.' I '.'~ ' LICEN~;£O LAND SLJIR. VE',r'OR5 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGORIS, JR, SERGE DOYEN. JR. ROBERT J. DOUGLASS JOSEPH H. SA~/ICKI Southold Town Board of'Appeal' MAIN RrlAD- STATE ROAD 25 sr'IUTHQLD. L.I., N.Y. TELEPHONE (516) 765-1809 March 15, 1982 Mr. Nicholas D. Yuelys 6159 Broadway New York, NY 10471 Re: Appeal No. 2886 Dear Sir or Madam: Attached herewith is a copy of the formal findings and determination recently rendered and filed this date with the Office of the Town Clerk concerning your application. In the event your application has been approved, please be sure to return to the Building Department for approval of any new construction, or for a certificate of occupancy of the premises, as may be applicable. If you have any questions, please do not hesitate to call either our office or that of the building inspector at 765-1802. Yours very truly, Enclosure Copy of Decision to Building Department GERARD P. GOEHRINGER , B~ Zinda-~owalski, Secretary TOW~ OF SOUTHOLD. NEW YOKK ACTION OF THE ZONUqG BOARD OF AFPgALS Appe~ No. 2886 Dat~ Septe~er 14, ACTION OF T~ ~NING BO~ OF A~ OF T~ TO~ OF ~UTHO~ To Mr. Nicholas D. Yuelys 6159 Broadway New York, NY 10471 DATE ....3./...]:.3../.~.2 1981 at a meeting of the Zoning Board of Appeals on February/ 26, 1982 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 ~ ) Request for a variance to the Zoning Ordinance Art. TTT~ Sec. 100-32 ( ) I. ~[l~!~i~~gtli~geXl~li~K~X~,x~f~'ilf~n~!~x~X~k~Ption ( ) be ~anted ( ) be d~ied pursuant ~ Article .................... Section .................... Subsection .................... para~rn~ .................... ~ the ~ning ~din~ce and the decision of the Building I~c~r ( ) ~ ~versed ( ) ~ ~KnY~ Rehearing held 2/26/82: Application of Nicholas D. Yuelys, 56005 County Road 48, Greenport, NY for a rehearing of Appeal No. 2886 for a variance to the zoning ordinance, Article III, Section 100-32 for permission to construct accessory building in the frontyard area at 56005 C.R. 48, Greenport, NY; bounded north by L.I. Sound; west by Chudan; south by C.R. 48; east by Atwan. County Tax Map Parcel No. 1000-44-1-19. (SEE ATTACHED) 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical hardship because (SEE ATTACHED) difficulties or unnec,~,mry (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity oi this property and in the same use district because '(SEE ATTACHED) (c) The variance (does) (does not) observe the spirit o! the Ordinance and (would) change the character of the district because (SEE ATTACHED) (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. GPG: lk Gerard P. Goehringer, Chairman ZONING BOARD OF APPEALS Page 2 Decision Rendered February 26, 1982 Matter of Nicholas D. Yuelys - Appeal No. 2886 This matter is a rehearing for an area variance to permit a storage accessory building in the frontyard area of the premises in question. The premises in question is located at the north side of County Road 48, Greenport (Suffolk County Tax Map District 1000, Section 44 Block 1 Lot 19). The property has a frontage along the County Road of approximately 50 feet, and an average depth of 133 feet. There is erected on the property a one-family private wood frame dwelling. Applicant has previously applied to this board for a storage and garage accessory building in the frontyard area, for which public hearings were held on December 29, 1980 (Appeal No. 2769) and on October 15, 1981 (Appeal No. 2886), at which times the relief requested were denied without prejudice. Upon inspection of the property and the neighboring parcels, the board has found that the parcel immediately adjacent on the east side has constructed thereon a dwelling with an accessory structure set back less than 10 feet from the southerly property line (C.R. 48) in the frontyard. The board has also been advised that the N.Y.S. Department of Environmental Conservation has permitted the location chosen for an accessory building in the frontyard area, under TW #15273-0114. The existing dwelling is very near tidal wetlands area, the rear yard, and it is the feeling of the board that the only other available yard area, the most practical and feasible under the circumstances, is the front yard. In considering this appeal, the board determines that the variance request is not substantial; that the circumstances herein are unique; that strict compliance with the zoning ordinance will result in practical difficulties; that by allowing the variance no substantial detriment to adjoining properties would be created; that the difficulty cannot be obviated by a method, feasible to appellant, other than a variance; that no adverse effects will be produced on available governmental facilities of any increased population; that the public health, safety and welfare will be secured and justice done; and that the relief requested will be in harmony with and promote the general purposes of zoning. On motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, that Nicholas D. Yuelys be granted a variance to the zoning ordinance, Article III, Section 100-32 for permission to construct accessory storage building in the frontyard area as applied for and SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the size of the accessory storage building shall not exceed the size 8' by 16'; 2. That the accessory storage building not be located closer than 14' from the front property line (along C.R. 48); 3. That nothing may protrude closer than three feet to the Page 3 Decision Rendered February 26, 1982 Matter of Nicholas D. Yuelys - Appeal No. 2886 easterly property line; 4. That the accessory storage building may not exceed ten feet in height (including any ridges); 5. That the accessory building may not be used for living quarters, (strictly storage purposes)· Location of Property: 56006 County Road 48, Greenport, NY; County Tax Map Parcel No. 1000-44-1-19. Vote of the Board: Ayes: Goehringer, Grigonis, Doyen, Doug- lass and Sawicki. This resolution was unanimously adopted. P~ECEIVED AND FILED BY TI-iE ~u~onu T©WN CLERK DA 'TE<3/L~/~ HOUR,3, Town Clexl,, T6wn of ~thold