HomeMy WebLinkAbout3377 235 ,Carol Rd., 'Southold ~ 10/21/82
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construct addition with reduCed rearyard '
setback
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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
/