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HomeMy WebLinkAbout3377 235 ,Carol Rd., 'Southold ~ 10/21/82 C-/%" ~-~- ,o/~/~ construct addition with reduCed rearyard ' setback ~ . 52.2-7 CA #2317 permission to set ~off- existing~building..~=~; on undersi, ze lots 8/4/77 VIP INNS=~- CA #3377 set-off with insufficient lot area Southold Town Board o£Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11c~'71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3377 Application Dated Jul3 8, ]985 TO: Gary Flanner Olsen, Esq. for NICHOLAS IPPOLITO Main Road, Box 706 Cutchogue, NY 11935 (Public Hearing August 8, as Attorney 1985) [Appellant (s) ] At a Meeting of the Zoning Board of Appeals held on August 22, ]985, the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special ExcePtion ~nder the Zoning Ordinance Article , Section ~ ] Request for Variance to the Zoning Ordinance Article III, Section 100-3l, Bulk Schedule [ ] Request for WHEREAS, a public 1985, in the Matter of No. 3377; and hearing was held and concluded on August 8, the Application of NICHOLAS IPPOLITO, Appeal WHEREAS, the board members have considered all testimony and docu- mentation entered into the record in this matter; and WHEREAS, the board members are personally familiar with the premises in question and the surrounding properties; and WHEREAS, the board made the following findings of fact: 1. By this application, appellant requests approval of insuffi- cient area of proposed Parcel "1" of 5,500 sq. ft. (inclusive of Carole Road right-of-way) and Parcel "2" of 17,000 sq. ft. 2. The premises in question is located along Carole Road, a private right-of-way, located off the south side of the Main Road, Southold and is identified on the Suffolk County Tax Maps as Dis- trict 1000, Section 52, Block 2, Lots 7 and 1.1 (or 7.2). 3. Proposed Parcel 'l" is improved with a single-family dwelling shown to be set back from the front yard line along Carole Road approximately 25 feet (and 45 feet from the most westerly property line); Proposed Parcel "2" is improved with a two-unit motel structure, which has not been discontinued as stipulated by Z.B.A. Decision Rendered August 4, 1977 under Appeal No. 2317, or upzoned to single-family use. 4. As noted, supra, a conditional variance was granted under Appeal No. 2317 on August 4, 1977, in which applicant set-off the parcel in question from the property to the north, now or formerly of H. Haas, and the subject structure was to be used only for single-family residential use starting January 1, 1978, and the building was to conform to the Southold Town Codes with respect to minimum floor area. 5. It is also noted that on October 21, 1982, a rearyard variance was granted under Appeal No. 3044 concerning Parcel "1" herein for permission to construct an addition to the existing single-family dwelling with a limitation of 20% lot coverage. (CONTINUED ON PAGE TWO) DATED: September 9, 1985. CHAIRMAN, SOUTHOLD TOWN ZONZNG BOARD OF APPEALS Form ZB4 (rev. 12/81) Page 2 Appeal No. 3377 Matter of NICHOLAS IPPOLITO Decision Rendered August 22, 1985 In considering this appeal, the board agrees that in light of the circumstances of this property and its existing structures, the area variances should be granted and because: (1) the relief will not be detrimental to adjoining properties; (2) the relief requested will not cause an effect of any increased population density since the properties are limited to single-family dwell- ing use; (3) there will be no substantial change in the character of this district; (4) the circumstances are unique; (5) the difficulty cannot be obviated by some method feasible to appellant to pursue other than a variance. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, that the relief requested under Appeal No. 3377 in the Matter of the Application of NICHOLAS IPPOLITO for approval of the insufficient area of 5,500 sq. ft. for proposed Parcel "l" and of 17,000 sq. ft. for proposed Parcel "2," BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. The present use of the structure existing on proposed Parcel "2" as motel unit(s) shall cease and desist, and shall be reverted back to single-family dwelling use within ten days; 2. Each lot in question shall remain single-family dwelling use as permitted by Article III in this "A" Residential Zoning District; 3. The Building Inspector shall be permitted to make inspection before any building permit or other permits or certificates are issued to assure compliance herewith. an Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was adopted by unanimous vote of all the members. lk /GERARD P'GOE~RINGE~'~9, 1985'~ CHAIRMAN September P, ECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK __ To. wn Clerk, Town of Southold Southold, N.Y. 11971 (516) 765-1938 October 15, 1985 Mr. Gary Flanner Olsen Attorney at Law Main Road Cutchogue, NY 11935 Re: Nick Ippolito set-off at Southold Dear Mr. Olsen: The following action was taken by the Southold Town Planning Board, Monday, October 7, 1985. RESOLVED that the Southold Town Planning Board deny the set-off for Nick Ippolito since this would set an unworkable precedent for the remainder of the premises, and the Board is not in favor of the lot layout including the right-of-way. If you have any questions, please don't hesitate to contact our office. ~cc: Board of Appeals Very truly yours, BENNETT ORLOWSKI, ~R., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary Town of Southold Board of Appeals COUNTY OF SUFFOLK Department of Plannin~ 360-5206 September 13, 1985 Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following application(s) which have been referred to the Suffolk County Planming Commission are considered to be a matter for local determina- tion. A decision of local determination should not be construed as either an approval or a disapproval. A~plicant(s) M~nicipal File Number(s) ~Nichoias Ippolito Leland B. Fraser Pamela J. Sellars 3377 3384 3388 Very truly yours, Lee E. Koppelman Director of Planning Chief Planner Southold Town Board of Appeal HAIN ROAD- STATE ROAD 25 SOUTHOLD, LJ., N.Y. 11971 TELEPHONE (516) 765-180~ Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: Variance from the Zoning Code, ArticleIII , Section 100-31 Variance from Determination of Southold Town Building Inspector Special Exception, Article Special Permit , Section Appeal No.:3377 Applicant: Location of Affected Land: 230 County Tax Map Item No.: 1000-52-2-7 and within 500 feet of: XXX Nicholas Ippolito Carole Road, Southold 1.1 (7.2) Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Boundary of Existing or Proposed County, Owned Land Boundary of Existing or Proposed County, or Other Recreation Area Thruway State or Federally- State or Federal Park Existing or Proposed Right-of-Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Estab- lished Channel Lines, or Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. COMMENTS: Applicant is requesting permission ~9 ]0t area for approval of insuffice Copies of Town review. Dated: ,, . q/!O/~i' Secretary, Board of Appeals file and related documents enclosed herewith for your APPEALS BOAR~I MEMBERS ~ERARD P. GOEHRINGER, CHAIRMAN [~,HARLES GRIGONIS, JR. ,,SERGE DOYEN, JR. I~OBERT J. DOUGLASS JOSFPH H. SAWICKI Southold Town Board of Appeals NAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. Y1971 TELEPHONE (516) 765-1809 September 9, 1985 Gary Flanner Olsen, Esq. Main Road, Box 706 Cutchogue, NY 11935 Re: Appeal No. 3377 - Nicholas Ippolito Dear Sir or Madam: Attached herewith is a copy of the formal findings and deter- mination 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 construc- tion in writing, or for other documents as may bE applicable. If you have any questions, please do not hesitate to call either our office (765-1809) or that of the building inspector (765-1802). Yours very truly, Enclosure Copy of Decision to Building Department Planning Board' Suffolk County Planning GERARD P. GOEHRINGER CIIAIRMAN By Linda F. Kowalski Secretary Commission Page 7 Hearings August 8, 1985 Z.B.A. Meeting 7:55 p.m. APPEAL NO. 3377 - NICHOLAS IPPOLITO. Variance to Article III, Section 100-31, Bulk and Parking Schedule for approval of insufficient lot area of two parcels, each with an existing single-family dwelling, located along Carole Road (private) off the South Side of C.R. 48, Southold, NY; County Tax Map No. 1000-52-2-7 and 1.1 (7.2). The Chairman opened the hearing at 7:55 p.m. and read the legal notice of hearing and appeal application for the record. CHAIRMAN GOEHRINGER: I have a copy of a map dated September 17, 1984 amended April 12, 1985 indicating 17,000 sq. ft. with a structure for Lot #2 which appears to have two motel units in it. Lot #1 which appears to be a one-family house on approximately 5,500 sq. ft. with Carole Road running through it. And I have a copy of the Suffolk County Tax Map showing this and surrounding properties in the area. Mr. Olsen? GARY FLANNER OLSEN, ESQ.: My Name is Gary Olsen. I'm an attorney having offices at Main Road, Cutchogue and I represent the applicant, Nicholas Ippolito. Mr. Ippolito owns two houses on Carole Road, which is a private road in Arshamomaque. There is a house on the east side of Carole Road and a house on the west side of Carole Road. And back in 1975, I wrote to the building inspector who was then Howard Terry, because we're in the process of also doing other zoning work with the town to determine whether or not there was any merger of these two pieces or whether one could be sold separate and distinct from the other, and I wrote Mr. Terry a letter back on July 15, 1975, asking him that question, and I'l submit to you a copy of that letter as part of this record. On July 16, 1975, Mr. Terry wrote me ba~k saying, and I'll read you the pertinent part of it: "...Dear Sir: · ~. You? letter of July 15th regarding Nicholas Ippolito's premise pmease De aovised the dwelling on the south side of Carole Road, private right-of-way, is a separate parcel and can be conveyed at any time .... " Mr. Ippolito recently went to the building department to ge~ some building permits and at that time he was advised by the building inspector part and parcel of that that he had felt Mr. Terry had made a mistake, and that the two pieces have mer and therefore is necessitating coming before the Zoning Board asking that the board treat them as two separate parcels. TP parcels have had separate tax map numbers for a very long ti Page 8 - Hearings August 8, 1985 Z.B.A. Meeting (Appeal No. 3377 - NICHOLAS IPPOLITO hearing continued:) MR. OLSEN (continued): until recently when, I believe, there is now just one tax map number. I may say for the record that each house has its own electric meter and each house has its own cesspool system. Each one is serviced by its own water municipal main. So there is no reason to put the two together. Nothing will be changed really by the granting of the variance. One's on one side of the road and one's on the other side of the road. The entire street, particularly on the east side of Carole Road, has houses of similar size and shape as the piece you see on the VanTuyl survey that you have as far as this record. So nothing is going to change. This whole area was developed was developed by somebody by the name of Haas back in the 1950's. Every parcel is developed now. As I say, Mr. Ippolito has a house on both sides of the road. If Mr. Terry's letter back in 1975 had indicated that we had to do something to separate the easterly house from the property that he owned on the westerly side, then we would have made that part and parcel of another variance that was submitted-Appeal No. 2317. In that decision, which was dated on August 4, 1977, the parcel on the westerly side of Carole Road was treated by the Zoning Board at that time as a separate distinct piece, so this is really a very technical thing because I guess Carole Road is a private road; and as I say the character of the neighborhood is not going to be changed by a favorable decision on your part and it would be a severe economic hardship to Mr. Ippolito to put the two together. Just, number one, it doesn't make any sense and it would mean he would have to sell it altogether as one piece. And I have Mr. Lance Larsen who is an independent appraiser here tonight to testify as to the economic impact --if the variance is not granted. So I would like to introduce Mr. Lance Larsen. LANCE LARSEN: Thank you. Good evening. My name is Lance Larsen. I'm an independent real estate appraiser with offices on the Main Road in Southold. I've presented a copy of my appraisal to Linda for your perusal which I will refer to here of course in this discussion. The subject site, proposed Parcel 1 and Parcel 2 on the assessment records in the Town of Southold have previously been separate and distinguishable as individual site, with Parcel 2 shown as a 300-foot parcel with frontage on Carole Road and Parcel 1 shown as having 50-feet on the water. Two, Parcel #2 there is also shown a building, which is referred to as building No. 3, which is smaller than the two structures in Page 9 - Hearings August 8, 1985 Z.B.A. Meeting (Appeal No. 3377 - NICHOLAS IPPOLITO hearing, continued:) MR. LARSEN (continued): question. Parcel #1 has a structure of approximately 1,008 sq. ft. which is the waterfront parcel, which was added to in 1982. I prepared an appraisal on the basis of "as is" if the parcel were to be sold, with both lot areas and both improvements, my "as is" indication of value is $162,500. If the set-off is allowed, the value indication for the Parcel #1 would be $138,000. The value indication for Parcel #2 would be $77,500 for a total of $215,000. It's an economic hardship or loss to this parcel for the sum of $52,000. MR. CHAIRMAN: This may not be a question for you but rather a question for Mr. Olsen. But we are stating that the structure on Parcel #2 is basically a motel unit-- MR. LARSEN: That's correct. It was part of the original Southold Beach Motel. MR. CHAIRMAN: So it really isn't a one-family dwelling, really a nonconforming preexisting, two motel units that are adjoined. it's MR. LARSEN: That's right. It's a studio type. MR. CHAIRMAN: And they both to my knowledge have according to Mr. Ippolito either a kitchen or efficiency kitchen in both of them? MR. LARSEN: That's correct. MR. CHAIRMAN: Thank you very much. MR. OLSEN: I would just like to submit to the board a copy of my letter to Mr. Terry and a copy of his reply. I've also made a copy of the Tax Map which shows the general size and shape.of the other parcels in the area. We've marked off the subject property in red. MR. CHAIRMAN: Thank you. Can I ask you one brief question, Mr. Olsen? Mr. Ippolito indicated to me that he intends to add on to the existing nonconforming motel unit and make a one-family dwelling out of it. MR. OLSEN: That's right. MR. CHAIRMAN: That would probably be the nature of another application some time down the road? Page l0 - Hearings August 8, 1985 Z.B.A. Meeting (Appeal No. 3377 - NICHOLAS IPPOLITO hearing, continued:} MR. OLSEN: Well, in talking to the Secretary of the Zoning Board -- MR. CHAIRMAN: Right. MR. OLSEN: In how to proceed with this thing, I decided that Number One, we got to make sure there are two distinct pieces and then we'll come back and ask for a building permit; and after we go to the Building Dept. and they find we do need variances to do that, then I will have to come back again for that. MR. CHAIRMAN: Ok. This has no bearing on this application, I just wanted the board to be aware of it but that's what Mr. Ippolito had offered to me. He was extremely helpful when I was down there and very nice. MR. OLSEN: That's right. And again you may refer to your decision of July 21, 1977, Appeal No. 2317. MR. CHAIRMAN: from the motel? That was when the parcel was originally divided MR. OLSEN: That was when the motel was set off, and what was Parcel 3 on that survey is now Parcel 2 on this survey. And that was treated as a separate piece and the board has referred to it in that decision of #2317. MR. CHAIRMAN: Very good. Thank you very much. Is there anybody else that would like to speak in behalf of the application? Anybody against the application? Yes. Would you kindly use the mike please and state your name? MRS. SMULCHESKI: I'm Mrs. Smulcheski, and I live two doors down from Mr. Ippolito. In 1977, we had a case come up that he was to change the Parcel £ into a one-family unit. And he uses it now as a motel. And according to the unit, if~the two-unit motel on Parcel l, which was 1 at the time, is sold, or the ownership or control of this parcel is transferred in any way, Parcels 2 and 3 may continue as a motel unit under the direction of Mr. Ippolito for the balance of 1977. Starting January 1st, 1978, the structure on Parcels 2 and 3 can only be used for single-family residence. They must conform to the Southold Town Building Code with respect to minimum floor area. And nothing has been done. He's using it as a two-unit motel with two kitchens. MR. CHAIRMAN: Thank you, Mrs. Smulcheski. Would anybody else Page 11 August 8, Hearings 1985 Z.B.A. Meeting (Appeal No.3377 NICHOLAS IPPOLITO, continued:) MR. CHAIRMAN (continued): like to spe~k against the application? Any comments, Mr. Olsen, before I close the hearing? (None). Thank you for coming in. Hearing no further comments, I'll ask the board-- MRS. KERMAN: My name is Mrs. Kerman. I also live on Carole Road. MR. CHAIRMAN: At the end. And with the dogs. MRS. KERMAN: Right. I just wanted, is it a separate meeting when Mr. Ippolito wants to put up the other unit? He wants to make it like one--he explained to use, he wants to join the two buildings so he has a,four-unit motelJ Is that a separate meeting or is it th~s meeting? MR. CHAIRMAN: Well, that was basically-- MRS. KERMAN: We thought it was today. MR. CHAIRMAN: That's basically the reason why I asked the question to Mr. Olsen, and the only issue before at this particular time is the division of the two pieces of property. If the deci- sion of 1977--it's somewhat enlightening to me because, of course, I wasn't on the board at that particular time, I will certainly take that under advisement in granting this division. MRS. SMULCHESKI: Well, nothing has been done about it. It's been six years. MRS. KERMAN: Yes, six years. MRS. SMULCHESKI: My husband came in several times and applied and they said that the town board would handle it. And nobody has done anything. MR. CHAIRMAN: Thank you. Hearing no further comments, I'll make a motion closing (concluding) the hearing and reserving deci- sion. We will definitely take a look at that application. On motion by Mr. G°ehringer, seconded by Mr. Douglass, it was RESOLVED, to close (conclude) the hearing and reserve decision until later, in the Matter of Appeal No. 3377 - NICHOLAS IPPOLITO. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was adopted by unani- mous vote of all the members. Southold ToWn Board of Appeals -17- August 4, 1977 Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. PUBLIC HEARING: Appeal No. 2317 - 8:48 P.M. (E.D.S.T.) upon application of VIP Inn, Ltd., 39 Gehring Street, Commack, New York (Gary Olsen, Esq.) for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to set off existing buildings on under- sized lot. Location of property: South side CR27, Southold, New York, bounded on the north by CR27 (North Road); east by H. Hass, A. Stachtiaris, N. Ippolito, F. Bruch, J. Smulcheski, M.. Furner,. E. Stewart; south by Mill Creek; west by now or formerly Nassau Steamship Agency. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication in the'official newspapers, notice to the appli- cant, and disapproval from the Building Inspector. The Chairman also read statement from the Town Clerk that notification by certified mail had been made to: Mr. and Mrs. Achilles Stachtiaris; Mr. and Mrs. Joseph Smulcheski; Mr. and Mrs. Frederick Bruch; Mr. and Mrs. Manfred Kurner; Mr. and Mrs. Edwin Stewart; Helmut Hass; Nassau Steamship Agency, Inc. THE CHAIRMAN: There was another meeting on this, and I believe that the applicant withdrew. GARY OLSEN, ESQ.: Yes, We did withdraw. THE CHAIRMAN: I have the minutes of the previous meeting of March 31, 1977. The application was made under the name of Nicholas W. Ippolito. GARY OLSEN, ESQ.: I didn't realize at that time that the property was in a corporate name owned by Mr. Ippolito but it's the same application. THE CHAIRMAN: So this is a fresh application. (The Chairman finished reading the application.) The application is accompanied by a sketch which indicates that the property owned by the applicant is on the south side of North Road opposite Town Beach in Southold. The first plot on which the main part of the motel stands is on about 24,000 sq. ft. The next plot on which the four-unit section stands is on 9,400 sq. ft., plus or minus. The two-unit portion of this motel is on Parcel #3 toward the pond south from the Main Road. This is a situation which existed prior to zoning and which is about as severe an example as could be found and predated zoning in this Town. We Southold Town Board of Appeals -18- August 4, 1977 have a brief which I will read when the time comes from Mr. Tedeschi who further points out what poor zoning it is, a point with which we hardily agree. In other words, we agree entirely with the fact that this is poor zoning. Is there anyone present who wishes to speak for this application? GARY OLSEN, ESQ.: This may be an example of poor zoning but the fact is that it does exist. THE CHAIRMAN: Lest anybody think that there isn't poor zoning elsewhere, I was in Hauppauge yesterday where a fellow's got before the Planning Commission 12 building sites on 2.9 acres. There's so little room there's no place to park the cars, they have to be parked on the street. We're not the only ones with poor zoning. Go ahead. GARY OLSEN, ESQ.: This is an existing situation. On Parcel ~1, proposed Parcel #1, the~e is presently a 12-unit motel and that parcel would have 24,000 sq. ft. with frontage on Middle Road of about 258'. Parcel ~2 presently has a 4-unit building on it and if the variance is approved, it would have an area of 5,400 sq. ft. Parcel ~3 has a 2-unit building and, if the vari- ance were granted, would have an area of approximately 17,000 sq. ft. THE CEAIRMAN: I think Parcel ~2 is 9,400 sq. ft., isn't it? GARY OLSEN, ESQ.: Yes, 9,400. Mr. Ippolito, who is the owner of the corporation who is the applicant here, has a party interested in purchasing the motel unit but they're not interested in purchasing the ~unit building or the 2-unit building. THE CHAIRMAN: Could you tell us why? NICHOLAS IPPOLITO: I really can't answer that, I guess the price is out of their reach for the three parcels. GARY OLSEN, ESQ.: The granting of the variance will not increase the density or ch~nge the situation. THE CHAIRMAN: I think Mr. Tedeschi's coming along with a brief after you've finished ... GARY OLSEN, ESQ.: I wish I had seen a copy of the brief. THE CHAIRMAN: I didn't see it myself until 12:00 GARY OLSEN, ESQ.: As I say, the granting of the variance would not increase the density, it would simply set off each of the units as separate parcels. THE CHAIRMAN: Would Mr. Ippolito continue to operate the 2-unit and the 4~unit portions of the motel on Parcels 2 and 3? -19- August 4, 1977 Southold Town Board of Appeals NICHOLAS IPPOLITO: That would be desirable. Upon selling I would be willing to have it dropped or up it to residential zoning. THE CHAIRMAN: One of the buildings would have to be enlarged to 850 sq. ft. NICHOLAS IPPOLITO: Which means that the only direction it can go is up. THE CHAIRMAN: Is there anyone else who wishes to speak for this application? (There was no response.) Is' there anyone who wishes to speak against this application? I know Mr. Tedeschi's going to speak, do you want to read the brief or shall I? FREDERICK TEDESCHI, ESQ.: You're up higher. (The Chairman read the August 2, 1977, "Memorandum in Opposition" submitted by Frederick Tedeschi, Esq., on behalf of his clients, Mr. and Mrs. Stachtiaris; Mr. and Mrs. Bruch; Mr. and Mrs. Smulcheski; Mr. and Mrs. Hribok; Mr. and Mrs. Kuerner; Mr. and Mrs. Stewart; and the Nassau Steamship Agency, Inc.) THE CHAIRMAN: Mr. Tedeschi? Is there anything you'd like to add to that, FREDERICK TEDESCHI, ESQ.: Yes, as a correlary I would like to add that the seven clients that I represent are all here. They have indicated to me and, to digress a-minute, we all agree it's bad zoning. Perhaps we could do something to upgrade it. THE CHAIR/~AN: I'd like to point out that this was before zoning FREDERICK TEDESCHI, ESQ.: I know that. We're not casting stones, but in an effort to get along with neighbors and perhaps to upgrade the situation, my clients have indicated to me Chat if a reasonable compromise could be reached whereby the two southerly portions, Parcels 2 and 3, were converted into residential one- family, they would certainly upgrade the area in that respect. My seven people, five of them have a one-family dwelling on 4,500 sq. ft. of property. If he creates ... THE CHAIRMAN: Each of them has 4,500 sq. ft.? FREDERICK TEDESCHI, ESQ.: Give or take a few feet. If we could create the same thing across the road ... THE CHAIRMAN: They use them mostly in the summer don't they, none of them are year-round residences? Southold Town Board of Appeals -20- August 4, 1977 FREDERICK TEDESCHI, ESQ.: (Talking to his clients) Is Mr. Stachtiaris a year-round resident? No? Then they're all summer residences. Our thought is if we could create two one-family units across the road we would certainly be upgrading the area which would be an asset to the entire community. I know you, Mr. Gillispie, have been there with another member of the Board but for those who have not been there, this is what they propose to have for four dwelling units. (Mr. Tedeschi showed the Board a picture of the building.) THE CHAIRMJ~N: they propose. It's an existing four-dwelling unit, not what FREDERICK TEDESCHI, ESQ.: That's what they propose. And this picture, is the requested motel, which you're all familiar with. This is the two-unit building. We submit that we could, if we could reach such a compromise to make these two parcels one family, it certainly would be in keeping with the rest of the community as it is presently constituted. But to put four units on 9,400 sq. ft. we may be compounding the error in zoning. I know this Board is not that type. THE CHAIRMAN: Then, as I understand it, you would be in agreement with a suggestion which would involve permitting the sale of the 12-unit part of 24,000 sq. ft. and dividing the other two parcels, 2 and 3, into two separate residential units, each of which would have to have 850 sq. ft. in the residence. I think the 4-unit may have that 850 sq. ft. FREDERICK TEDESCHI, ESQ.: That's what I was saying, Mr. Gillispie, we're saying ... THE CHAIRMAN: For single family use. FREDERICK TEDESCHI, ESQ.: Right, exactly. Now I understand. THE CHAIRMAN: And the present use would be continued through this year because it's the middle of the season, and it would be required that these be converted, if used, to single family use anytime after next year. FREDERICK TEDESCHI, ESQ.: We would be in agreement with that, they could operate their 12-unit motel as presently constituted. THE CHAIRMAN: And I think that would improve the area. I'm not sure there would be very much difference. Those motel units are used probably four months out of the year. If you multiply six times four you get 24 months. If you put two families in those two places times twelve months you get 24 months use as far as sewage and water and so forth. FREDERICK TEDESCHI, ESQ.: You don't have as many people for parking, sanitation, I have some pictures here of garbage, cars parked all over the place ... Southold Town Board of Appeals -21- August 4, 1977 THE CHAIRMAN: It would be one small step toward upgrading the area. Mr. Ippolito and Mr. Olsen, you've heard the discussion, are you in agreement with what we've been talking? NICHOLAS IPPOLITO: I'm in partial agreement. What I'm trying to do is sell each parcel off. If I sell the front parcel, I have buyers that claim they're interested. We have gotten down to finalities on it. If they agree to buy, then I agree that the two back buildings should be turned to residential as they are sold. Now assuming that they do not decide to buy, then I would still want to have the motel zoning for the three units. In other words, I wouldn't want to change that at the end of the year. T~E CHAIRMAN: Well, if there's no sale you would continue the way you are, basically. GARY OLSEN, ESQ.: That's not the way I understood your con- versation with Mr. Tedeschi. You said that for the interim of this year he could continue ... THE CHAIRMAN: for $500,000 ... If Mr. Ippolito sells the 12-unit motel tomorrow GARY OLSEN, ESQ.: It's only upon conveyance of title to the 12-unit that the Parcels 2 and 3 would come into the picture. NICHOLAS IPPOLITO: Actually, what I desired was that assuming that we sold the front parcel, I would have two parcels left. As each parcel is sold it would have to be sold as a residential but while I still possess it, it would be operating as it operates now as a motel. ROBERT BERGEN: For this year only. THE CHAIRMAN: For this year only on the two parcels. If you sell Parcel #1, Parcel #2 and %3 which is a four-unit and a two- unit motel, which are very small units, would still be operated by you for the rest of the season. After this season ... GARY OLSEN, ESQ.: Assuming we sell Parcel %1 this season. THE CHAIRMAN: Assuming you sell it. cation that you have a buyer. I assume from the appli- NICHOLAS IPPOLITO: I have a buyer but it's not, I don't have the money. THE CHAIRMAN: That's our position. We want to do something to elevate the area. NICHOLAS IPPOLITO: I'm in full agreement with that. The only direction I want to go is toward higher zoning. Southold TOwn Board of Appeals -21-~ August 4, 1977 THE CHAIRMAN: It looks like we're walking backwards, doesn't We won't be causing you any financial inconvenience, you will be permitted to continue this operation the way it is until or if you sell all or nothing. NICHOLAS IPPOLITO: The other thing that I was hoping to receive from the Board was the right to rent the baok rooms until they're sold. Let's take Parcel 2. THE CHAIRMAN: No, you can't have everything. We'll let you finish this year because you could have contracts or anything else. NICHOLAS IPPOLITO: Then what you're saying, see if I understand it correctly. If I sell the front building, the back two buildings automatically become residential. THE CHAIRMAN: Single family residential. NICHOLAS IPPOLIT0: If I do not sell the front building, am I still able to sell the three parcels as a motel unit? THE CHAIRMAN: That we can't prevent. That's an existing situation. We can't prevent that, can we Mr. Tedeschi? FREDERICK TEDESCHI, ESQ.: No sir. NICHOLAS IPPOLITO: What I was hoping for was that if I did sell the front unit that I would still be able to rent the back units next year as four units and two units. FREDERICK TEDESCHI, ESQ.: That's what we're objecting to. NICHOLAS IPPOLITO: Ail right, I'll accept it. I have the option to sell either individually ... THE CHAIRMAN: I don't think that we would want you to sell #2 or #3 for a motel use at all, period. NICHOLAS IPPOLITO: If #1 is sold. FREDERICK TEDE$CHI, ESQ.: Mr. Gillispie, just a technicality. In as much as the property is owned by a corporation, there's a possibility that stock could be sold and the title wouldn't be transferred so I would like for your consideration in the event that stock of the corporation and/or the title is sold that this would come about. I can envision a situation where title would not be transferred, just the stock sold. I think we're all looking for the' same thing so just as a technicality or precaution I would ask that that be considered. GARY OLSEN, ESQ.: I don't understand that, quite frankly, the selling of stock. Southold Town Board of Appeals -22- August 4, 1977 THE CHAIRMAN: Who owns it now, Mr. Ippol~to or the corporation? N~CHOLAS IPPOLITO: The corporation. THE CHAIRMAN: And you own the corporation. Entirely, 100%? NICHOLAS IPPOLITO: Yes. THE CHAIRMAN: You own all the common stock. There's no preferred stock, no bonds. NICHOLAS IPPOLITO: Right. THE CHAIRMAN: In effect he owns it then. What were ~ou going to say?. GARY OLSEN, ESQ.: As long as Mr. Tedeschi, his net comment is if the Parcel 91 is conveyed whether it be through the transfer of stock ... I don't know'how you could do it. Y~u couldn't just convey part of it by selling the corporation, by selling the stock of the corporation. FREDERICK TEDESCHI, ESQ.: Sure you could. THE CHAIRMAN: If it's entirely in Mr. Ippolito's hands you could extinguish the corporation, that would probably be the simplest way. GARY OLSEN, ESQ.: All right, as long we understand what the intent is. THE CHAIRMAN: That conceivably would be possible, what you're talking about. GARY OLSEN, ESQ.: Mr. Ippolito, I think, understands that if Parcel 91, which would have approximately 24,000 sq. ft. and contains the 12-unit building, if that is sold as shown on the survey, then Parcels 2 and 3 would then have to revert to single family residential use, regardless of how he sells Parcel 91. THE CHAIRMAN: Mr. Tedeschi has suggested the possibility of selling stock in the corporation. GARY OLSEN, ESQ.: As I say, regardless of how he sells it whether it's through selling stock of the corporation ... FREDERICK TEDESCHI, ESQ.: Ownership and control. THE CHAIRMAN: Sold involving ownership and control. Added to that action, that should be the first condition. Added to that action would be that if Parcel 91 is sold or conveyed or changes hands by whatever means, then Parcels #2 and 3 may continue as motel units under the direction of Mr. Ippolito for the balance of 1977. Starting January 1, 1978, if the structures on either Southold ToWn Board of Appeals -23- August 4, 1977 Parcel 2 or 3 are used, they must be used for single family resi- dential use and the structures on Parcel 3 and Parcel 2 must conform particularly to the 850 sq. ft. minimum requirement of floor area in the Southold Building Zone Ordinance. NICHOLAS IPPOLITO: right now. I don't think they have that footage THE CHAIRMAN: One of them doesn't. It's about 20' by 20', maybe a little bigger. I think your other one may. If you sell it as is, whoever bought it would have to fix it. You don't have to do it. NICHOLAS IPPOLITO: I may do it but I don't want to be forced into it. THE CHAIRMAN: Any other conditions should be in there? CHARLES GRIGONIS,' JR.: I think you've covered them all. After investigation and inspection, the Board finds that the applicant requests permission to set off existing buildings on undersized lot, south side CR27, Southold, New York. The findings of the Board are that this is the first opportunity the Board has had in 20 years to attempt to upgrade the Hass development on the North Road in Southold. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED, VIP Inn, Ltd., 39 Gehring Street, Commack, New York be GRANTED permission to set off existing buildings on undersized lots, south side CR27, Southold, New York, as applied for, subject to the following conditions: If the 12-unit motel on Parcel #1 is sold or the ownership and control of this parcel is transferred in any way, Parcels 2 and 3 may continue as motel units under the direction of Mr. Ippolito for the balance of 1977. Starting January 1, 1978, the structures on Parcels ~2 and 3 can be used only for single family residential use. They must conform to the Southold Town Building Code with respect to minimum floor area. Southold Town Board of Appeals -24- August 4, 1977 Vote of the Board: Ayes: Grigonis, Doyen. - Messrs: Gillispie, Bergen, Hulse, * * PUBLIC HEARING: Appeal No. 2318 - 9:15 P.M. (E.D.S.T.) upon application of Lee and Barbara Siros, 3 Lee Lane, Wilbraham, Massachuttes (Gary Olsen, Esq.$..for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to set off lot with insufficient width and area. Location of property: Hast side Deer Path, Mattituck, New York, bounded on the north by Miller Right-of-way; east by D. Trimmer; south by right-of-way, Dickerson and Beier; west by Deer Path (Pvt. Rd.) . The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication in thH official newspapers, notice to the appli- cant, and disapproval from the Building Inspector. The Chairman also read statement from the Town Clerk that notification by certified mail had been made to: Daniel Trimmer; Charlotte T. Dickerson; Pamela Steadman; Anna M. Smith. Fee paid - $15.00. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? GARY OLSEN, ESQ.: My clients live in Massachuttes and they are presently involved in a purchase of the subject premises from the present owners, Klaus and Marga Beier. The parcels to be created ... THE CHAIRMAN: Do you know what lot number this is on the County map? GARY OLSEN, ESQ.: It's at the intersection of Miller's right- of-way and Deer Path Road. THE CHAIRMAN: This indicates 2.8 acres. GARY OLSEN, ESQ.: Mr. and Mrs. Beier also own a house which is contiguous to the subject premises located on Mattituck Creek. It appears to be separated from the property in question by a right-of-way. I don't know whether the right-of-way is owned by ... ROBERT BERGEN: It says Deer Path Road right-of-way. GARY OLSEN, ESQ.: If I may show you this overall survey of the property, this is the property in question. It's a vacant piece located on the corner of Miller's right-of-way, the'southerly side of Miller's right-of-way and the easterly side of Deer Path Road. Southold Town Board of Appeals -5- March 31, 1977 You're going to have to move your sign, I understand. This is all going to come under another application sometime later. (The Board and Mr. ~Levin discussed the l~cation of the sign.) THE CHAIRMAN: system? You can't get into the Greenport sewage JACK J. LEVIN: I went through it with the engineers, it's too costly. THE CHAIRMAN: Did you talk this parking over with Howard? GORDON K. AHLERS: Yes. to THE CHAIR/~AN: Are there any objections speak against it? (There was no response.) to this? Anyone wish After investigation and inspection the Board finds that the applicant requests permission to make an accessory business use of Residential-Agricultural land for parking and sewage disposal, south side CR27, Greenport, New York. The findings of the Board are that the Board is in agreement with the reasoning of the applicant. The Board finds that strict.applicatio~of the-Ordinances- would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit Of the Ordinance. On motion by Mr. Gillispie, seconded by Mr. Grigonis, it was RESOLVED, Jack J. Levin, North Road, Greenport, New York be GRANTED permission to make an accessory business use of Residential-Agricultural land for parking and sewage disposal, south side CR27, Greenport, New York, as applied for. Vote of the Board: Ayes: - Messrs: Gillispie, Grigonis, Doyen. PUBLIC HEARING: Appeal No. 2254 - 8:00 P.M. (E.S.T.) upon application of Nichola~ W- Ioooli~o. 39 Gehring Street, Ccmmack, New York (Gary Olsen, Esq.) for a variance in accord- ance with the Zoning Ordinance, Article III, Section 100-30; Article V, Section 100-50, and Bulk Schedule for permission to divide property with existing buildings. Location of property: Southold Town Board of Appeals -6- March 31, 1977 South side North Road (CR27), Southold, New York, bounded on the north by CR27, east by Hass and Carole Road (Pvt. Rd.); south by Mill Creek; west by now or formerly Dover Navigation Corp. The Chairman opened the hearing by reading the application for a variance, legal notice-of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. The Chairman also read statement from the Town Clerk that notification by certified mail had been made to: Nassau Steamship Agency, Inc.; Helmut Haas. Fee paid - $15.00. THE CHAIRMAN: The application is accompanied by a survey dated August 18, 1976 by Van Tuyl indicating that the property under discussion has approximately 24,000 sq. ft. in Parcel #1 on CR27. The adjoining piece, Parcel #2, has 11,000 sq. ft.. To the south is a 16,000 sq. ft. triangular piece which runs down to Arshamomaque Pond and runs along a 20' private road. Is there anyone present who wishes to speak for this application? GARY OLSEN, ESQ.: I'm the attorney for the applicant~ Nicholas W. Ippolito. Mr. Ippolito presently owns the entire premises involved which totals approximately 51,000 sq. ft. It's located on the south side of County Road 27, otherwise known as the North Road. What prompted this application was, he appar- ently has someone that's interested in purchasing the 12-unit motel immediately to the south of the North Road but they don't want to purchase the other units. What he would like to do is to divide the subject premises into three parcels. The first parcel, which would be.facing_on the North Road,-would have frontage on the North Road of 258', approximately, and would have 24,000 sq. ft. That's a 12-unit motel which would have parking to the east of Carole Road. The second parcel ... THE CHAIRMAN: The parking goes with the first parcel? GARY OLSEN, ESQ.: Right. It'll be part of the 24,000 sq. ft. The second parcel is to the south of the first and that would have frontage on a private road known as Carole Road containing approxi- mately 11,000 sq. ft. That contains an existing four-unit motel. To the south of that is proposed Parcel #3 which would contain 16,000 sq. ft. There's a two-unit dwelling there and that would have frontage of 199.80' on Carole Road. These are all existing buildings, the granting of the variance would not increase the density. There is an economic hardship for Mr. Ippolito in that it would be more economically viable for him to sell these units in separate parcels rather than as one total piece. That's the purpose of the variance. THE CHAIR/~AN: How many units did you say there were? GARY OLSEN, ESQ.: 12 in the first parcel, four in the second, and two in the third. The property to the east of Carole Road Southold Town Board of Appeals -7- March 31, 1977 contains residential units, parcels that would be of similar size, probably smaller, than the parcels that would be created. This was, the property in question was originally zoned, as I understand it, Light Business. It was used for motel purposes and now has been rezoned to Agricultural-Residential. These would be a non- conforming use on that basis. THE CHAIRFiAN: The property to the west, wasn't that zoned for motel use? GARY OLSEN, ESQ.: as I understand it. I don't know. It's vacant property now THE CHAIR/Z_AN: Anybody else wish to speak for this? (There was no response.) Anyone wish to speak against it? FRED BRUCH: I myself and several other people here ~epresent property onwers to the east. THE CHAIRMAN: On Carole Road? Which one are you in? FRED BRUCH: #5,~ Carole Road. This is directly opposite the third unit, the triangular piece. THE CHAIRMAN: And your point is? FRED BRUCH: According to my understanding previously, I can't understand how this will not increase the density because at the moment, the three units are used all as motel units and are restricted to certain numbers of people per unit. Now they will become family dwellings which can have a number of more people per unit. THE CHAIRMAN: I don't think he said that. FRED BRUCH: This is what Mr. Ippolito said to me. THE CHAIRMAN: unit'on the 11,000 16,0007 He's going to sell this as a four-unit family sq. ft. parcel and a two-unit dwelling on the FRED BRUCH: Yes. THE CHAIRMAN: Anyone else? FRED HRIBOK: I'm in Building #3. THE CHAIRY~N: What are the plans for these units? Southold Town Board of Appeals -8- March 31, 1977 GARY OLSEN, ESQ.: We don't want to lose the non-conforming use by the granting of this variance. We don't want to lose ~he non-conforming motel use that we have now. THE CHAIRMAN: Would you have any objection to a prohibition against using these for a family use? GARY OLSEN, ESQ.: I should think it would be to their advantage if we ever lose the. non-conforming use. Now, say on Parcel #2, we can have, there are four units for motel purposes. On Parcel #3, there are two units. THE CHAIRMAN: So you would have no objection to prohibiting these for family use? GARY OLSEN, ESQ.: Again, as I understand it, this is presently zoned Residential. We have, in effect, an increased use of the units on Parcels #2 and 3 for motel purposes which we would not want to lose by the granting of the variance. THE CHAIRMAN: In other words, your position is that when 'they changed it from Business use to Residential, you think you acquired ... GARY OLSEN, ESQ.: We had a motel use at that point. I ~ think now we are using the property on a non-conforming basis since it's now zoned Residential and not Light Business. We would not want to lose, by the granting of the variance,-our motel use on all of the parcels. THE CHAIRMAN: Then you would have no objection to a clause prohibiting this for family, year-round use. It's too many for this area. GARY OLSEN, ESQ.: I think I would. THE CHAIRMAN: As far as the division of the property is concerned, I don't think the Board has any objection because it won't increase the density, but that phrase wouldn't apply if the four unit became four family units on 11,000 sq. ft. GARY OLSEN, ESQ.: But I would not want to lose the right to use it as four motel units. THE CHAIRMAN: I don't think you would. FRED BRUCH: Can I ask a question? Do I understand that they'll have the right to either use it as residential or motel? THE CHAIRMAN: That's what we're talking about. I think that the Board should prohibit for year-round family dwelling units, there just isn't enough space there. Southotd Town Board of Appeals -9- March 31, 1977 FRED BRUCH: There's another point that disturbs me. Carole Road, the private road that provides access to people lower down, is owned by the individual property owners and not Mr. Ippolito. Right now, the road is a mess because of it being used by the motel. Prior to this, I really didn't know what rights I had as far as having a defined access. THE CHAIRMAN: That would be a civil matter for you to take up with the owner of the motel. That has nothing to do with this Board. GARY OLSEN, ESQ.: I don't think it has anything to do with the application. I did not represent Mr. Ippolito when he bought this property, but this is a situation that's existed for a long time. The granting of the variance is not going to change, basically, the use or the density. THE CHAIRMAN: It isn't going to affect that one way or the other, either a plus or a minus. It may be that while Mr. Ippolito didn't take care of the road, maybe the new owner will. FRED BRUCH: I'm not talking about the condition of the road, I'm talking about whether they should have access. Prior to this, the motel property being one piece, they had access by foot. Now if you subdivide, they have access over our private road which really is not part of the motel property. THE CHAIRMAN: How do you answer that? GARY OLSEN, he purchased the Carole Road. ESQ.: As I say, I did not represent him when property but I would assume he has access over THE CHAIRMAN: Are these occupied during the summer, most of them? FRED BRUCH: Yes. GARY OLSEN, ESQ.: This is a title question, I don't think it's a variance question. THE CHAIRMAN: And they come down Carole Road and drive in and you think they don't have a right to do that? FRED BRUCH: The way their property is divided ... THE CHAIRMAN: Don't you all have the right to use the road? FRED BRUCH: Yes, but we all own the total piece of the road on the east side. The defining line was the edge of the road on the motel side. Actually, fhe motel had no road. Now, they want Southold Town Board of Appeals -10- March 31, 1977 to use this as access and subdivide it into separate residential and/or maybe motel property. The previous owner used to keep all the cars up in the parking lot and there was no traffic other than the people who lived at the lower end. THE CHAIRPLAN: Well, maybe that's the way they'll have to continue it, I don't know. That's something we wouldn't be able to iron out here. FRED BRUCH: Well, will we have the privilege to look into this further before you close it? GARY OLSEN, ESQ.: I have a copy of his deed. Again, I did not represent him so I don't know the title questions but I have a copy of the deed which states, "the right to pass and repass over Carole Road and Old Cove Boulevard, 20' rights-of-way, where the same are adjacent to the above described premises." THE CHAIRMAN: Wasn't that deed from Ha~ss? GARY OLSEN, ESQ.: This was a deed from Thomas McHale. Was he the former owner? FRED BRUCH: Yes, before that it was Hass. GARY OLSEN, ESQ.: It was subject to rights of others to pass and repass over said rights-of-ways. FRED BRUCH: It's all right for property owners but as a motel I would think this would be a different situation. GARY OLSEN~ ESQ.: Apparently he has a deeded right. Again, this is a title question and not a variance question. FRED HRIBOK: What rights would they have in relationship to the pond, water rights? THE CHAIRMAN: That's not one of our problems, I don't know. FRED BRUCH: You're just ruling on whether it is large enough to ... THE CHAIRMAN: We're just ruling on the division of the property. FRED BRUCH: This is allowable then as far as dividing an existing piece of property which doesn't fall under the present requirements as far as square footage? THE CHAIRMAN: It's a non-conforming use and everything in Hass' development here is non-conforming, everything is too small here according to modern standards. It was too small when we Southold Town Board of Appeals -11- March 31, 1977 put the Ordinance in, we had some terrible arguments with Hass at the beginning. FRED BRUCH: That's why you're disapproving it at the present? THE CHAIRMAN: No, anyone who wants to do something which doesn't meet the standards of the now Zoning Ordinance has to come in here and make an appeal. Of course, we're ruled by precedent, custom and so forth of the courts and it would be regarded as an appropriation of the Constitutional rights of property if we denied the man the right to divide his property. Two, it's not going to change the density and it's not going to affect the safety, health and welfare of the Town of Southold. FRED BRUCH: Can I ask a question on the density? THE CHAIRMAN: Well, this is all too dense, your place is too dense. FRED BRUCH: Mr. Ippolito came and asked if I would give approval ... it was my understanding that this front section which is considered as 12 units, although they are very small, was to become some sort of a condominium-type operation where families would own each unit. THE CHAIRMAN: I don't think there's time enough, it takes a couple of~years to run one of those off, a condominium under New York State law. Mr. Olsen can tell you. GARY OLSEN, ESQ.: We want to keep the motel usage. FRED BRUCH: It will be rented out, it will not be purchased. GARY OLSEN, ESQ.: That's my understanding. Again, he has a purchaser for it and I would assume it would be under %he non- conforming motel usage. Anything else that he wanted to do he would have to get approval of the Town and we're not asking for that, we're just asking for the division. (The chairman discussed a similar situation in East Marion.) THE CHAIRMAN: Anyone else have any questions? If not, I'll offer a resolution granting this application as applied for and agreeing with the reasoning of the applicant. The findings of the Board are that this will not change the character of the area, this division will not change the character of the area, and subject to a condition that the three buildings on these three pieces of prop- erty may not be used for year-round family dwelling units. In fact, the use of these properties shall remain the same as has beeh.in the past for the accommodation of transients. There's nobody there in the winter, right? Southold Town Board of Appeals -12- March 31, 1977 GARY OLSEN, ESQ.: No. THE CHAIRMAN: One of the things we try to avoid in a situation like this is somebody making year-round use of it. GARY OLSEN, ESQ.: What about making year-round use of either the motel ... I would assume that the only thing that prohibits the year-round use is the fact that they're not winterized, I don't know, but I would assume they're not winterized. You would have no objection to the motel units being used on a year-round basis provided that they're properly heated and winterized for that use. It would not increase the use at all. THE CHAIR/~AN: the density factor. acreage here? I think we'd want to prohibit it because of You take 18 families on ... what's the GARY OLSEN, ESQ.: Total acreage is roughly 51,000 sq. ft. What's the difference if you're letting them use it March through November if the units were winterized, I don't think the granting of this variance should prohibit a new owner or even the present owner from winterizing these units and saying, "OK, I want to have a year-round operation." That would be like what the Soundview Motel does. It's not increasing the density at all. THE CHAIRMAN: Yes, it is. The requirements as to sewage and water would triple. PRED BRUCH: The cesspools are pretty antiquated. THE CHAIRMAN: You have cesspools there? BARBARA BRUCH: Yes, definitely. THE CHAI~N: You don't have sewage there? FRED BRUCH: No. THE CHAIRMAN: I think that clause should stay in here. FRED BRUCH: In fact, I think there is a problem in the motel. We've had the Environmental people down. THE CHAIRMAN: of the property but no change in its use. GARY OLSEN, ESQ.: How about using Parcels #2 single family residential use? THE CHAIRMAN: Parcel #2 and one improvement. In.other words, we'll permit the division and 3 for Yes, I think if there was one family on family on Parcel 93 it would probably be an Southold Town Board of Appeals -13- March 31, 1977 FRED BRUCH: It would be more people there because where you have two people in a unit you'll have families and visitors. THE CHAIRMAN: No, he's talking about converting them to one family use. BARBARA BRUCH: Where would they park? THE CHAIRMAN: They'd have to park in the parking lot, guess. GARY OLSEN, ESQ.: On Parcel ~3, there's plenty of parking. BARBARA BRUCH: No there isn't, because we own the road. There's room for two cars in front of it. GARY OLSEN, ESQ.: From what I can see looking at the there's plenty of room of Parcel #3. BARBARA BRUCH: No there's not, it's adjacent to us. FRED BRUCH: We will resist any parking or traffic, we'll take. you to court. THE CHAIRMAN: They have a right-of-way over the road, too. BARBARA BRUCH: No, I don't think so. THE CHAIRMAN: Well, this is not our problem. BARBARA BRUCH: Is it possible to ask for a postponement on the decision? We were never notified. THE CHAIRMAN: I don't think you're neighbors. FRED BRUCH: We are adjacent on two sides %0 Mr. Ippolito and these other people ar~ too. We thought this was just the first hearing and it's been going on since August. THE CHAIRMAN: This is the first time I've seen it. FRED BRUCH: If I'd known he'd had counsel, I would have brought counsel myself. BARBARA BRUCH: Mr. Ippolito came to us in October with a marvelous, marvelous petition that he wanted all of us to sign. THE CHAIR/~AN: A petition? BARBARA BRUCH: Yes. And he told us all about the people he has planned to put in his 13 units in the front, or 12. He told us about the people, his clientele. We really would like to ask survey, ,. Southold Town Board of Appeals -14- March 31, 1977 for a postponement until we can look into it, seriously. We're very concerned, we've been there 12 years. FRED HRIBOK: I've been there 20 years. The place has been going downhill ever since Mr. Ippolito's been there. THE CHAIRMAN: On what grounds do you want this postponed? So you can determine the right-of-way? FRED BRUCH: Yes, the access. You say the density won't be increased. They're very small motel units. This is a joke about 12 units up front, you could put three of them in this room. His plan is to have a family in each one of them and they'll have visitors and you'll have 150 people there instead of 32. THE CHAIRMAN: Which is all the more reason why it should be confined to seasonal use. But I don't think you can prohibit him from selling it. BARBARA BRUCH: motel unit. No, he has been trying to sell it as a THE CHAIRMAN: Your objection is, basically, you think you have rights to the road that he doesn't for Parcels #2 and 3. BARBARA BRUCH: The third parcel which is adjacent to us which he plans to retain, at the~ moment, in his own name gives access to Arshamomaque Pond, it's the only water, access.. But that does not prevent the first unit, eventually, from buying that third unit and then they have complete access to Arshamomaque Pond. THE CHAIR/Z-AN: That's the way it is now. FRED BRUCH: But it's a motel and they don't have boats and so forth and now you'll have 16 people with boats. THE CHAIR/~AN: What you're saying then is that these people are going to come down there for six months at a shot or three months or something like that, is that your understanding? FRED BRUCH: My understanding was that, like I said, a condominium-type opera%ion where somebody was going to take it over in the name of a group of people.who would each have a unit, and we're concerned about the access. Right now, we don't think that the facilities will sustain any additional people, but that's neither here nor there because that would have to be corrected. Then each one of these families would have access, to the pond and so forth and you would have many more people then you have there now with it as a motel. I can't understand how you can say it can be s~parated as a motel and still be residential, I should think it would have to be one or the other. ~.. Southold Town Board of Appeals -15- March 31, 1977 CHARLES GRIGONIS, JR.: That's why he says it's continuing a non-conforming use now. If you leave it that "A" zone, then it opens it up to him more. FRED BRUCH: Because we would be willing to negotiate with him if he's offering it for residential but he said he wants to keep it residential but still business. You can't have your cake and eat it too. BARBARA BRUCH: We're willing to make some type of compromise. FRED BRUCH: We would like that triangular piece of property to increase our Own property and privacy there and he has never given us the opportunity to approach him because we don't really know what his plan is. BARBAP~A BRUCH: The Conservation man has been down. You see, I stay there all summer long, we live in Hampton Bays, and if you've got a couple that is more environmentally aware of what can happen in an area, the Conservation man is down there every day and he's checked things. THE CHAIRMAN: Well, I think the Board is perfectly willing to postpone the decision, but I think it's only fair to warn you that, as far as the division of the property is concerned, we'll be willing to go ahead. But we can postpone the decision. On motion by Mr. Giltispie, seconded by Mr..Doyen~ it was ~ RESOLVED that the Southold Town Board of Appeals POSTPONE DECISION upon application of Nicholas W. Ippolito~ Appeal #2254, until April 21, 1977, at 7:30 P.M. (E.S.T.). Vote of the Board: Ayes: - Messrs: Giltispie, Grigonis, Doyen. PUBLIC HEARING:. Appeal No. 2255 8:35 P.M. (E.S.T.) upon application of Leander B. Glover, Jr., Cox Lane, Cutchogue, New York (Richard Lark Esq.) for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide property with insufficient width. Location of property: east side Cox Lane, Cutchogue, New York, bounded on the north by now or formerly Pirrone; east by other land of applicant; south by other land of applican~t;, west by Cox Lane. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. The Chairman also read statement from the Town Clerk that notification by certified mail had been made to: Vincent A. Pirrone; Noble Funn; James Homan; Karl Lanzer; -qB UTHI3 LD, 119'71 . 'Telephone 765-9.660 APPEAL BOARD MEMBERS Robert V~. Gillispi¢, Jr., Choirm*n Robert Bergen Ch*tics 'Grigonis, Jr. Serge Doyen, Jr. Fred Hulse, Jr. MINUTES Southold Town Board of Appeals May 12, 1977 A regular meeting of the Southold Town Board of Appeals was held at 7:30 P.M. (E.D.S.T.), Thursday, May 12, 1977, at the Town Office, Main Road, Southold, New York. There were present: Messrs: Robert W. Gillispie, Jr., Chairman; Robert Bergen; Fred Hulse, Jr.; Charles Grigonis, Jr.; Serge Doyen, Jr. Also present: Watchman. Steve Katz, Long Island Traveler-Mattituck 7:30 P.M. (E.D.S.T.) Decision on Appeal No. 2254, Nicholas ~ 39 Gehring Street, Commack, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30; Article V, Section 100-50, and Bulk Schedule for per- mission to divide property with existing buildings. Location of property: South side North Road (CR27), Southold, New York, bounded on the north by CR27; east by Hass and Carole Road (Pvt. Rd.); south by Mill Creek; west by now or formerly Dover Navigation Corp. THE CHAIRMAN: This appeal of Nicholas W. Ippolito for a variance to divide property with existing buildings, south side CR27 in Southold, was postponed until tonight. At fige o'clock this afternoon, the attorney for Mr. Ippolito asked that the application be withdrawn. The application is withdrawn without prejudice to further applications. I'm stating this for the record. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that the Southold Town Board of Appeals approve minutes dated April 21, 1977. Vote of the Board: Ayes: Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. O Town Board Appeals SOUTHOLD, L. I., N.Y. 119'71 'T¢lcphon~ 765-~660 APPEAL BOARD MEMBERS Robert '~-/. Gill[spi¢~ Jr., CMirmen Robert Bergen Charles Gri~]onis, Jr. SerBe Doyen, Jr. Fred Hulse, Jr. MINUTES Southold Town Board of Appeals April 21, 1977 A regular meeting of the Southold Town Board of Appeals Was held at 7:30 P.M. (E.S.T.), Thursday, April 21, 1977, at the Town office, Main Road, Southold, New York. There were present: Messrs: Robert W. Gillispie, Jr., Chairman; Robert Bergen; Fred Hulse, Jr.; Charles Grigonis, Jr. Also present: Steve Katz, Long Island Traveler-Mattituck Watchman; Sam Campbell, Suffolk Weekly Times. 7:30 P.M. (E.S.T.) - Decision on Appeal No. 2254, ~ichola~ ~ 39 Gehring Street, Commack, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30;-Article V, Section 100-50, and Bulk Schedule for per- mission to divide property with existing buildings. Location of property: South side North Road (CR27), Southold, New York, bounded on the north by CR27; east by Hass and Carole Road (PVt. Rd.); south by Mill Creek; west by now or formerly Dover Navigation Corp. THE CHAIRMAN: In the interim since the last hearings, we have received one letter from a person who I guess is one of the Stewart? FREDERICK TEDESCHI, ESQ.: Yes~ he's one of the owners of the property adjacent to the one involved. THE CHAIRMAN: He says that he has been transferred to Indianapolis and can't make the hearing. (The Chairman read excerpts from the April 15, 1977, letter to the Board from Edwin W. and Marie E. Stewart.) I don't know what this man understood was going to happen, but that is certainly not one of the possibilities. (The Chairman continued reading the letter.) Southold Town Board of Appeals -2- April 21, 1977 We have received since our first hearing on this on March 31 a letter from the Planning Commission, Suffolk County Planning Commission indicating that they consider this is a decision, a "matter for local determination. A decision of local determination should not be construed as either an approval or disapproval." I'm going to suggest that a decision be made along the following lines. FREDERICK TEDESCHI, ESQ.: Mr. Chairman? I'd like to be heard in opposition. THE CHAIRF~AN: You can, although this is of the hearing, this is a postponed decision, to hear from you. not a continuation but I'll be glad FREDERICK TEDESCHI, ESQ.: I know that. The reason I make my request is because I represent five adjoining property o%~ners, Mr. and Mrs. Bruch, Mr. and Mrs. Smulcheski, Mr. and Mrs. Hribok, Mr. Manfred Kuerner, and Mr. Edwin Stewart and his wife. The reason I'm appearing, primarily, is because I don't think this Board has jurisdiction over this matter. I call your attention to Section 100-125 A of the Zoning Code of the Town of Southold. That states, in essence, in all cases where the Board of Appeals is required to hold a public hearing, in addition to the notice of such hearing required by law, a written notice containing the following information shall be sent to every owner of property adjoining the applicant's property. Now, I have five clients here who own property that abutts onto the applicant's property. Not one of them has received a written notice as required in our Zoning Ordinance. None of them have executed varified waivers. There's no proof in the record other khan a notice to a Nassau Steamship Agency, Inc. at Garden City, New York, and another notice to one Helmut Hass at Peconic, New York. Now, the Town Law, State of New York, Section 267, Subdivision 5, says, "A Zoning Board of Appeals may ack pursuant to its original jurisdiction only after notice and hearing" and notice is-such as mandated in our Zoning Code. THE CHAIRF~AN: What was that section again, Town Law 267 ... FREDERICK TEDESCHI, ESQ.: Town Law 267, Subdivision 5. The Court of Appeals has spoken on this question. The case of Buffalo Cremation Code vs. March, 249 New York 531, and they hold, in effect, the statutory notice and hearing requirements are man- datory, no option. The Town Enabling Act, that's 267 - 5, provides that notice be mailed to the parties and notice be published in the official newspaper, as you well know. There are some cases which hold that failure to notify an owner of land which adjoins is not a fatal defect, but it's clear that where a local ordinance requires such notice, the defect then is fatal. This is our situation. THE CHAIRMAN: Lets see, we've postponed this three weeks, we can postpone the decision another three weeks and I'll call, Southold Town Board of Appeals -3- April 21, 1977 in order to avoid getting into a lawsuit about this, if possible, I'll call to the attention of the Town Attorney your remarks. I would also ask you to look at the last section of our Zoning Ordi- nance which refers to, "failure to comply with the provisions of this section shall not affect the validity of any action taken by the Board of Appeals." FREDERICK TEDESCHI, ESQ.: I'm familiar with that. THE CHAIRMAN: This notification process was under consideration before we passed this law. It was my opinion, and most of the others who were interested in it, that unless we had this exception, in other words, if somebody made a mistake, and I presume that this is a mistake on the part of the Town Clerk, that it would not affect the validity of our actions here. FREDERICK TEDESCHI, ESQ.: Provided ~here are no objections. THE CHAIRMAN: Because ... you're referring to something else that I don't know about. However, what we'll do is to take this up with, and perhaps you can call Tasker and explain your position, I'll explain it, and we'll postpone it until another meeting. Just for, as a lot of these people are interested here, what I was going to suggest was that this property be permitted to be divided and that a condition be placed on our action that no one of the divided properties can be converted to any other use with- out prior approval of the Board of Appeals. And that the parking lot on the east side of Carrol Avenue continue as the parking lot for the three parcels. That's debatable, whether that should con- tinue as a parking lot for all three parcels, I think there's plenty of room on the other two parcels to provide their own parking. FREDERICK TEDESCHI, ESQ.: We take issue with that. There is not plenty of room there. THE CHAIRMAN: Do you agree or disagree with the motel owner that the motel people have the right to use Carrol Avenue? FREDERICK TEDESCHI: I didn't hear you. THE CHAIRMAN: Do you agree or disagree With the right of the motel people to use Carrol Avenue? FREDERICK TEDESCHI: Yes, I do. They can only use Carrol Avenue down to this point which is the last building on Parcel #3. Carrol Road there, if I may approach the Board, they can only use 50' of it. From here south is private property belonging to my clients. We can fence that off if we so desired. THE CHAIRMAN: Does that show in the title? Southold Town Board of Appeals -4- April 21, 1977 FREDERICK TEDESCHI, ESQ.: It does, I researched this. That's in our deeds, so that actually, Parcel #3 in no way meets the requirements. Most of this is wetlands anyway, I don't know where they'd put their cesspools, where they'd put their parking. ROBERT BERGEN: Where is the parking area now? THE CHAIRMAN: Here. (On map.) FREDERICK TEDESCHI, ESQ.: If I may call the Board's attention, this is 12 units and they're reducing it to 24,000 sq. ft., that's 2,000 sq. ft. a unit. You've got to have a minimum of 12 parking spaces and if they're going to operate it as a motel, the employees have to have a space also. This is going to create extremely high density. THE CHAIRMAN: It's already there. FREDERICK TEDESCHI, ESQ.: But it's there on~51,000 sq. ft., it's not there on 24,000. You're creating density on 24,000 sq. ft., and similarly with the other two, you're going to create four units on 11,000 sq. ft. which is an average of 2,750 sq. ft. My clients have an average of 4,500 sq. ft. for one unit. You're going to give four units on 11,000. I submit that's high density and that's poor zoning. THE CHAIRMAN: I'd like to point out to you, Mr. Tedeschi, that this was over the dead bodies of the people who were interested in the Zoning in the Town of Southold what Haas did to that whole area. FREDERICK TEDESCHI, ESQ.: I understand that. THE CHAIRMAN: This is not our fault or the Planning Board's fault or the Town Board's fault. FREDERICK TEDESCHI, ESQ.: what was done. I'm asking you not to compound THE CHAIRMAN: I'm not sure that it would, but I'll make a motion to postpone the decision on this another three weeks in an effort to arrive at a decision which is just and equitable, and in order to give Mr. Tedeschi a chance to confer with Town Counsel. I'll be glad to be fhere. FREDERICK TEDESCHI, ESQ.: I'd like to ask what basis are you considering this subdivision, minor subdivision into three parcels. Where is the Chairman, on it's really a the hardship? THE CHAIRMAN: This is a division~of an existing situation. The hardship that was explained to us is that the owner of the property would be unable, perhaps, to sell the smaller units in back of the main motel. That's his argument, tn general, we Southold Town Board of Appeals -5- April 21, 1977 agree, we have several of those tonight, in general we agree with dividing the property where %here will be no change in the density and where the building's exist. FREDERICK TEDESCHI, ESQ.: That's a self-imposed hardship, he bought it this way. When he bought this property, he knew what he had. THE CHAIRMAN: That's debatable. We've always considered it here to be a hardship to the person trying to sell it. FREDERICK TEDESCHI, ESQ.: Those are not legal grounds granting a variance. THE CHAIRMAN: We have been supported in that before. for On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that DECISION on Appeal No. 2254, Nicholas W. 1977, at 7:30 P.M. (E.D.S.T.). Vote of the Board:~ Ayes: - Messrs: Grigonis. (After the hearing was closed, Mr. petition with 51 Chairman.) the Southold Town Board of Appeals RESERVE Ippolito, until May 12, Gillispie, Bergen, Hulse, Tedeschi presented a signatures against the variance to the PUBLIC HEARING: Appeal No. 2250 - 7:50 P.M. (E.S.T.) resumed hearing upon application of Agway Petroleum Corp, P.O.. Box 705, Pulaski Street, Riverhead, New York for a special ex- ception in accordance with the Zoning Ordinance, Article VII, Section 100-70 B (4) for permission to operate a self-service gasoline station. Location of property: west side Youngs Ave- nue, Southold, New York, bounded on the north by G. Miner and George Ahlers & others; east by Youngs Avenue; south by Goldsmith and Tu~hill and Long Island Railroad; west by George Ahlers & others. THE CHAIRMAN: This is an adjourned hearing on Agway Petroleum Corporation, Application #2250, which was heard on March 10th and which was postponed for six weeks in order to get all the information that we could on this subject. In the interim, we have received minutes and other communications from several town clerks, Suffolk County, Nassau County, and I asked the secretary to summarize as well as she could the arguments for and against self-service gas stations. I'll read first her summary of the statements in favor of self-service gas stations. "A national standard for the safe operation of self-service retail sale of gasoline has been adopted by the National Fire TOWN OF SDUTHDLD OFFICE OF BUILDING INSPECTOR TOWN CLERK'S OFFICE SOUTHOLD, N. Y. 119'71 TEL. '765-2660 Dear oir, Your letter of July 15 i~: premises of Nicholas Ippolito S/S'C]127, Southold received. Please be advised: The dwelling on E/S "Carole Road"gPvt R~O.W.) is a seperate parcel and can be conve,.ed any time. The balance of the proi'erty cannot be divided without approval . of the ApFeals ~oard. There is a serious violat on on the motel ~roperty~ no one registered it under the Multir~le Hesid~n~e Law when o~rnership changed hand s · Yours truly Dui%zing Inspect or { July 15, 1975 Re: Minor Subdivision Nicholas W. Ippolito File # 1487 Dear Howard: Enclosed herewith please find a photo copy of a survey showing premises now owned by Nicholas Ippolito. As you will in our phone conversation of July 11, 1975o you felt that in all probability, the parcel east of Caroi~llRoad containing a one-story frame house could be conveyed as a single and separate parcel without resorting to appearing before the Zoning Board of Appeals. I would appreciate your checking your records, and if such is the case, please advise rr~. Best regards. Very truly yours, GARY FLANNER OLSEN GFO/mrc eflcl. Howard Terry, Building Inspector Main Road Southold, New York 11971 July 15. 1975 Re: Minor Subdivision Nicholas ~V. Ippolito File # 1487 Dear Howard: Enclosed herewith please find a photo copy of a survey showing premises now owned by Nicholas Ippolito. As you will recal~l, in our phone conversation of July 11, 1975, you felt that in all probability, the parcel east of Car~lRoad containing a one-story frame house could be conveyed as a single and separate parcel without resorting to appearing before the Zoning Board of Appeals. ! would appreciate your checking gour records, and if such is the case, please advise rr~. Best regards. Very truly yours, GARY FLANNER OLSEN GFO/mrc encl. Howard Terry, Building Inspector Main Road Southold, New York 11971 Southold Town Board of Appeals MAIN ROAD- BTATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD August 8, 1985 MEMBERS GERARD P, GOEHRINGER, CHAIRMAN S · E . Q · R . A . CHARLES GRIGONIS, JR. SERGE DOYEN, JR. NEGATIVE ENVIRONMLN 1 AL DECLAI~ATION ROBERT J. DOUGLASS JOSEPH H. SAWICKI Notice of Det(IrmillatJol] ef N,,n-,~i~nifJcaBcc APPEAL NO.: 3377 PROJECT NAME: Nicholas Ippolito This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and hocal I,aw #44-4 of the Town of Southold. This board determines the within project l!.o__t, to have a signifi- cant adverse effect on the environment for the reasons indicated b e 1 o w. Please take further notice that this declaraLion should not be considered a determination made for any other department or agency whict] may also have an application [)ending fo~ the same er simiJ~r project. TYPE OF ACTION: ~ Type II [ :] Unlisted [ ] DESCRIPTION OF ACTION: Set off parcel I,OCATION 0[; PROJECT: Town of Southotd, County of SQffolk, more f, art~cularly known as: 230 Carole Road Southoid REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- meRted as planned; (2) This is a lot-line varianc~ not directly related to new construction by this application. FOR FURTIIER INFORMATION, PLEASE CONTACT: Linda Kowalski, Secretary, Soethold Town Board of Appeals, Town Hall~ Southold, NY 11971; tel. 516- 765-1809 or 1802. Copies of this notice sent t:o thn ai)pkicmlt~ o~ on the Town Clerk Bulletin Board. bls agent and posted -. ~'rlCE ISHEREBy Gnr~, vursuant to Secti ' "~' Town Law ~ on 267 of the T .. an~ the Code of own of Southold *~A ~. the "~', ~ Road, ~outhold, NY at a Regular Meet- ? - commencing at 7:30 p.m. on 'RSDAY, AUGUST 8, l,~,d, and as follows: 7:30 p.m. Application of MARK A. SQUIRES, 2405 Vanston Road, Cutchogue, NY for a Variance to the Zoning Or- dinance, Article HI, Section 100- 30(A)[1] for permission to eon- struct inground pool on vacant parcel in this A-Residential and Agricultural Zoning District known and identified as Lot 356, Map of Section D, Nassau Point Club Properties,' Inc., Map No. 806; East Side of Vanston Read, Cutchogue, NY; County Tax Map District 1000, S~ction 111, Block 6, Lot 5. 7:35 p.m. Application of GEORGE AND DORIS SUL- LIVAN, 84 Beach Read, Green- pert, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for 'permission to building in the easterly sideyard area at premisei locatod on the South Side of Sandy Beach Read, Greenpert, NY; County Tax Map Parcel No. 1000-i13-3.6. 7:40 p.m. Application for Oq'ro ZAPF, by A. Wickham, Esq., Main Read, Mattituck, NY for a Variance to the Zoning Or. dinance, Article IH, Section 100- 32 for pernnsSion to construct ac- cessory storage (g~rage) building in the frontyard area promises 1o- catod at the northerly end of pri- rate right-of, way off the North Side of Main P,~ad, Orient, NY; County Tax Map Parcel No. 1000-013-2-4. Cuey:45 p.m. Application of HOLAS IPPOLITO, by F. Olsen, F4q.' Box 706, tchogue, NY for a Variance to Zoning Ordi~mnce, Article Section 100-31, Bulk and IParking Schedul~ for approval of the insufficient area of two parcels, each ~ . an existing single-family dwelling, located along Carole Road (private) off the South Side of C.R. 48, South- old, NY; County Tax Map No. 1000-52-2-7 and 1.1 (7.2). 7:50 p.m. Application for ~CHARLES p. SIMMONS, by .1~ Wickham, E~q., Box 1424 rdattituck, NY for a Variance t~ the Zoning Ordinance, Article III, Section 100-31, Bulk and Parking Schedule for approval of insufficient 16t width of two par- c~.ls in this proposed four-lot divi- stun of land (total acreage 57.7 acres) located off the North Side of Sound Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-112-1-8. The Board of Appeals will hear at said time and place all persons desiring to be heard in each of the above matters. Written com- merits may also be submitted prior to the conclusion of the hearing ih question. (Tel. 765- 1809, or I802). Dated: July 18, 1985. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD p. GOEHRINGER CHAIRMAN 1TA1-4972 3reenport, in hat he/she is ES, · Weekly in the Town State of New he annexed is published in for one n the ;lerk ANN M. ABATE PUBLIC, State ol New York lolk County No 4748183 Expires M~rch 30, 19.~ ~ NOTICE NOTICE IS HEREBY GIV- EN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, Main Road, Southold, NY at a Regular Meeting, commenc- ing at 7:30 p.m. on THURS- DAY, AUGUST 8, 1985, and as follows: 7:30 p.m. Application of MARK A. SQUIRES, 2405 Vanston Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-30(A)[I] for permission to cons~truc~ :ingroumt, pool on vacant parcel in this A-Resi- dential and Agricultural Zon- ing District known and identi- fied as Lot 356, Map of Section D, Nassau Point Club Proper- ties, Inc., Map No. 806; East Side of Vanston Road, Cut- chogue, NY; County Tax Map District 1000, Section 111, Block 6, Lot 5. 7:35 p.m. Application of GEORGE AND DORIS SUL- LIVAN, 84 Beach Road, Greenport, NY for a Variance to the Zoning Ordinance, Ar- ticle Ill, Section 100-32 for permission to construct acces- sory storage building in the easterly sideyard area at pre- mises located on the South Side of Sandy Beach Road, Gteenport, NY; County Tax Map Parcel No. 1000-43-3-6. 7:40 p.m. Application for OTTO ZAPF, by A. Wickham, Esq., Main Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory storage (garage) building in the front- yard area premises located at the northerly end of private right-of-way off the North Side of Main Road, Orient, NY; County Tax Map Parcel No. 1000-013-2-4. ~-7:45 p.m. Application of r NICHOLAS IPPOLITO, by Gary F. Olsen, Esq.. Box 706, Cutchogue, NY for a Variance Io the Zoning Ordinance, Ar- ticle HI, Section 100-31, Bulk and Parking Schedule for ap- proval of the insufficient lot area of two parcels, each with an existing single - family dwelliug, located along Carole Road~ (private) off the South Side of C.R. 48, Southold, NY; County Tax Map No. 1000-52- ~ and 1.1 (7.2). COUNTY OF SUFFOLK ss: STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for ................... '~ ....... weeks successively, commencing on the .......... '/.. ........... Sworn to before me this .......... .~ .......... day of ............ :'T. '. ...... ,~9,...:. Notary Public BARBARA FORBES Notary Public, State of New York No. ~806846 Qualified in Suffolk County Commission Expires March 30, 19 F~ S~FI Southold, N.Y. 11971 (516) 765-1938 May 21, 1985 Mr. Gary Flanner Olsen Attorney at Law P.O. Box 706 Cutchogue, NY 11935 Re: Nick Ippolito Set-off at Southold Dear Mr. Olsen: The following action was taken by the SouthOld Town Planning Board, Monday,May 20, 1985. RESOLVED that the Southold Town Planning Board recommend to the Board of Appeals that the application of Nick Ippolito to set-off 5,500 sq. ft. from 22,500 sq. ft. at Southold be denied since the Planning Board cannot endorse this proposal for substantially undersized lots. It was also noted that the road bed of Carole Road is being included in the square footage for Lot~No. 1. If you have any questions, please ddn't hesitate to contact our office. cc: Zoning Board of Appeals B~YE~T Tt r u~y°urs ' ~ SOUTHOLD TONW~PLANNING BOARD By Diane M. Schultze, Secretary NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following public hearings will be held by the SOUTHOLD TOWN BOARD OF ~ALS at the Southold Town Hall, Main Road, Southold, NY at a Regular Meeting, commencing at 7:30 p.m. on THURSDAy, AUGUST 8, 1985, and as follows: 7:30 p.m. Application of MARK A. SQUIRES, 2405 Vanston Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section lO0-30(A)[1] for permission to construct inground pool on vacant parcel ~:n this A-Residential and Agricultural Zoning District known and identified as Lot 356, Map of Section D, Nassau Point Club Properties, Inc., Map No. 806; East Side of Vanston Road, Cutchogue, NY; County Tax Map District 1000, Section lll, Block 6, Lot 5. 7:35 p.m. Application of GEORGE AND DORIS SULLIVAN, 84 Beach Road, Greenport, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory storage building in the easterly side- yard area at premises located on the South Side of Sandy Beach Road, Greenport, NY; County Tax Map Parcel No. 1000- 43-3-6. i' 7:40 Esq., Main Ordinance, construct p.m. Application for OTTO ZAPF, by A. Wickham, Road, Mattituck, NY for a Variance to the Zoning Article III, Section 100-32 for permission to accessory storage (garage) building in the frontyard area premises located at the northerly end of private right-of-way off the North Side of Main Road, Orient, NY; County Tax Map Parcel No. 1000-013-2-4. 7:45 p.m. Application of NICHOLAS IPPOLITO, by Gary F. Olsen, Esq., Box 706, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk and Parking Schedule for approval of the insufficient lot area of two parcels, each with an existing single-family dwelling, located along Carole Road (private) off the South Side of C.R. 48, Southold, NY; County Tax Map No. 1000-52~2-7 and 1.1 (7.2). 7:50 p.m. Application for CHARLES P. SIMMONS, by A. Wickham, Esq., Box 1424, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Section lO0-31, Bulk and Parking Schedule for approval of insufficient lot width of two parcels in this proposed four-lot division of land (total acreage 57.7 acres) located off the North Side of Page 2 Legal Notice of Hearings Southold Town Board of Appeals Regular Meeting of August 8, 1985 Sound Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-112-1-8. The Board of Appeals will hear at said time and place all persons desiring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the hearing in question. (Tel. 765-1809, or 1802). Dated: July 18, 1985. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN Instructions to newspapers: Please publish once, to wit: Thursday, August l, 1985, and forward five affidavits of publication to: Board of Appeals, Main Road, Southold, NY 11971. Posted on Town Clerk Bulletin Board 7/26/85. Copies to the following on 7/29/85: Mr. and Mrs. Mark A. Squires, Mr. and Mrs. George Sullivan, Abigail A. Wickham, Esq., Box 2405 Vanston Road, Cutchogue 11935 84 Beach Road, Greenport 11944 1424, Mattituck, NY 11952 as Attorney for Otto Zapf as Attorney for Charles P. Simmons Gary F. Olsen, Esq., Box 706, Cutchogue, NY 11935 as Attorney for Nicholas Ippolito ZBA ZBA individual files Building Inspector Lessard Supervisor Town Board Members JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 8, 1985 Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3377 application for a variance by Gary Flanner Olsen for Nicholas Ippolito and accompanying papers as outlined on the attached Letter of Transmittal from Gary F2anner Olsen, dated June 27, 1985. Southold Town Cl~rk TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ~ 3 DATE ............... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y ~ ' , (We)..~t..e..b_q.~.~...[.~.~..q.t.t..t.o. ............................ of ....~..~..Q..e.b..~.t.D.g.~.t?..e.t ........................... Nome of Appellant Street and Numar Yor'- ................. ~Q.~ItXTH$.~.,k. ........................................................ .~,.¢.,~'. ......... .~. ........HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY-THE BUILDING INSPECTOR DENIED TO ( ) ( ) Name of Applicant for permit of .... ~.~...O.e.h.r.i.g.S~..r.e..c.t. .............. C.o.~ra~ck ................ ~.e...w...Lo.r...k. ........ !)..~..~..%.. Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Variance 1. LOCATION OF THE PROPERTY 230 Car.ole lqQad.. ~;~.~,tb.q!~ ........ ,~..gricultural/.Re.~iden~tsl Street Use District on Zoning Map 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.) Ar~iele III Section 131 Bulk & Parking 3. TYPE OF APPEAL Appeal is made herewith for (~) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. ' PREVIOUS APPEAL A previous at) 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 ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... ( ) (X) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that applicant seeks to set-off parcel I which contains a house, from parcel Il which contains the house shown on a survey of l:{odertck Van Tuyl, amended April 12, 1985. FmTn ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because applicant owns parcel [, designated on the Snffolk County Tax Map as 1000-52-2-7, which contains a house. Applicant also owns parcel II designated on the Suffolk Count Tax Map as l, 000-52-2-1. l, TWO buildings are pr.e-existing zoning and are separated by ~arole l~oad which is a private road. Due to the fact that the applicant owns a parcel to the center of Carole t{oad on either side thereof and due fo the fact that the Building Departrnen+ has taken +he position tbaf said parcel which merged thereby, this set-off variance application is required. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because applicant owns pz'operky on both sides of Carole }load causing a merger of 2 separate fax lots, 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the houses on pome! ! and II are already ia exisfance and the properties are serviced by public water, and also because +he lots would be in keeping with the size and shape of other lo+s in the neighborhood. STATE OF NEW YORK ) ) COUNTY OF SUFFOLK) SS GARY FLANNER OLSEN Sworn to this .............................................. do'/ of ..................... .,~une .......................... 1985 BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of : : Ni(`hnl~ 1 ppnl i 'l'.~ : to the Board of Appeals of the Town of Southold : TO: Jean C. Leonard Manfred Kuerner Mr. & Mrs. Achilles Stachtiares Helmut Hass ~ Joseph Smulcheski Mr. & Mrs. Edwin Stewart Frederick Hribok Sa1Caiola YOU ARE HEREBY GIVEN NOTICE: NOTICE TO ADJACENT PROPERTY OWNER 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold _ tO request a (Variance) (Specga4 F~g~r~ (9~e~J~a~ Rb/trd{~ (Other) [circle choice] A Variance to. set off a parcel 2. Thatthe property which isthesubject ofthe Petition islocated adjacentto your property and is des- cribed asfollows: North by Leonard and Stachtiares~ East by Arshomomoque Pond, Hass, Smu]cheski, Hribok, Kuerner and Stewart, South by Arshomomoque Pond, West by Caiola. 3. That the property which is the subject of such Petition is located in the following zoning district: Agri ('ill t~ra 1 / Res i dent i a 1 4. That by such Petition, the undersigned will request the following relief: approval of set-off $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signedare ;~cticle III Sect_ton l~l~l-~l- Bulk and Parking 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 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 oJ~our representative have the ~lt~ht to appear and be heard at such hearing. by Petitioner ~G~ry'Flanner Olsen-~"--~',~ Post Office Address Main'Road P. O. Box 706 Cutchogue~ New York JtY3b NAM~ Mrs. Jean C. Leonard Mr. & Mrs. Achi]les Stachtiares Mr. Helmut Hass" Mr. Joseph Smulcheski Mr. Frederick Hribok Mr. Manfred Kuerner Mr. & Mrs. Edwin Stewart Mr. Sal Caiola PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS P. O. Box 741, North Road, Southold, N. Y. 11971 159 New Hyde Park Rd., Garden City, N.Y. 11530 , North Road, Peconic', New York 11958 4 Carole Rd., Southold, N. Y. 11971 I Arnold Lane, Commack, New York 11725 P, O. Box 408; Peconic, N.Y. 11958:. 8403 Parish Lane; Indianapolis, Indiana 46217 74 Irving Place, New York, N.Y. 10003 STATE OF NEW YORK COUNTY OF SUFFOLK ss.: Eleanor Jones .. ,residingat (No #) Cardinal Drive Mattituck~ New York 11952 , being duly sworn, deposes and says that on the ~7 uL. day of June _ 19 _85 , deponent mailed a true copy of the Notice se~'forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite lheir 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 Cutchogue (certified) (registered) mail. Sworn to before me this day of June ,19 85 / Notary Public ; that said Notices were mailed to each of said persons by GARY FIANNER OLSEN COUNSELLOR At LAW P. O. BOX 706 . HAIN ROAD . CUTCHOGUE, LONG ISLAND, NEW YORK 1~935 - PHONE 516 734-7666 Gentlemen: Enclosed please find: 1. Application for Set-Off 2. Notice To Adjacent Property Owner 3. Short Environmental Assessment Form 4. Notice Of Disapproval 5. Application Fee of $75.00. 6. Copies of Survey GfO:lmm Enclosures Southold Town Zoning Board Main Rd. Southold, New York i1971 June 27, 1985 Re: Ippolito, Nicholas File # 3997 Very truly GARY- FL~EI~-~OLSEN FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ Date .... .~.~ ~...~ .~. ........ 19 .~..~'.. .~~~.. ~, ~,. ~.~.~.~sT... PLEASE TAKE NOTICE that your application dated ..... ~.[ ~ .......... 19 .~. ~.~ for pemit to ::-::~;;~. ~ · · ~ ~ ................................................ at Location o~ Property. ~.4q .... ~.~...~'. ..... ~. ~~ .............. House No. Street Hamlet County Tax Map No. 1000 Section ...~ ~. ~ ..... Block ..... ~. ....... Lot .. ~ ...~. ~'.]... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds .~4j~. :.d~.....~.....1~-..~ .... ,~.-..z./., .~.~..~ g.~1,, .c)...~...&.. ~..~..~.~ ..... ~. . ..,:~.. ~.' ............................................................ Building Inspector RV 1/80 0 ~O O 0 0 0 0 ,SHORT E?IVIRO~,IE~IT.tL ASSESSME~IT IISTR.C (a) In order to answer %he questions in this short gAF is is assumed that the preparer will use currently available inform..ation concerning %he project and the likely impacts of %he action. It is not expected that additional studies, or other investigations will be undertaken.' (b) If any question has been answered Yes the project may be significant and a completed Enviro~ental Assessment Form is necessa~/. (o) If all questions have been answered No it ia likely tbmt this project is pot significant. (d) En';iro~en%al Assessment 1. Will project result in a large physical cbmnge to the project site or physically al%er more than 10 acres of land? ........ Yes X No 2. Will there be a waJor change to any uniqus or unusual land form found on the site? Yea ~ No 3. Will project alter or have a large effect on an existing body of wa%er? . . . . . . Yes ~ No g. Will project have a potentially large impac~ on gro,~ndwa%er quality? ....... Yes X No 5. Will project significantly effect drainage flow on adjacent sites? .... . · · Yes ~ No 6. Will project affect any tkreatened or endangered plant or animml species? ...... Yes ~ No 7. Will project result in a major adverse effect on air quality? ..... . . Yes ~ No 8. 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? . · · Yea × No 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critl-.1 environmental area by a local agency? · · Yes ._.X__ No 10. Will project have a major effect on existing or future recreational oppor%unities? · · · Yes ~ No 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 result of the project's operation? . ~ Yes ~ No 13. Will project have any impact on public health or safety? ............ Yes ~ No 1g. '//ill project ~ffect the existin~ community by directly causing a ~rcwth in permanent popula- tion of more t~an 5 percent over a one-year period o__r have a ma~or negative effect on the character of ~he com.~uni%y ~r neighborhocdg. Yes ~ No 15. Is there publigj/cq~trsversy/concern~ng the project? Yes X No ~= - ,n Nic, f~las Ippolito ' ,.PRESm,tTLI~ DATE: June 27, 1985 Esq. >V /