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HomeMy WebLinkAbout4063__~T~ZARELIJ~ PET__E.R D. 92986i~31 5710 Indian Neck Lane, Peconic 7/29 8-7~- OO~cr~ot add i to3 a~ existing' accy .con~n~_sams~ in~Q ~o~r~Q~q~gg~ for f~ily a~d guest use in an "A" Zone. 98-5-14.3 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 ACTION OF THE BOARD Appl. No. 4063. Upon application of PETER D. AND MARIE L. PIZZARELLI. Request for Variance to the Zoning Ordinance, Article III, Section 100-31A(1), for permission to change use of an existing accessory building from strictly sleeping quarters use to single-family dwelling use and occupancy with cooking/kitchen facilities. The subject premises is located in the R-80 Residential Zone District and contains a total area of 2.979 acres, as shown on the Minor Subdivision Map before the Town Planning Board dated August 12, 1982 (Lot #3). Location of Property: Private right-of-way extending from the south side of Indian Neck Road, Peconic, NY; County Tax Map Parcel No. 1000-98-5-14.3. WHEREAS, after due notice, a public hearing was held on November 21, 1991, and all those who desired to be heard were heard and their testimony recorded (both pro and con - see letters in file and verbatim transcript of testimony also in file); WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, the surrounding areas; and and WHEREAS, the Board made the following findings of fact: 1. By this application, appellants seek a variance under Article III, Section 100-31A for permission to change use of an existing accessory building from strictly sleeping quarters use to single-family dwelling use and occupancy with cooking/kitchen facilities. 2. The subject premises contains a total lot area of 2.979 acres and is improved with one principal structure occupied as a single-family residence, and improved with two accessory buildings, one converted for family sleeping quarters use and the ~age 2 - Appl. No. 4063 Matter of PETER AND MARIE PIZZARELLI Decision Rendered December 16, 1991 for garage/storage purposes. 3. The dwelling as exists is shown to be set back approximately eight feet from the top of the bank near Peconic Bay highwater mark and approximately 656 feet from the most northerly (front) property line. The accessory building utilized for sleeping quarters is located 650+- feet from the northerly (front) property line, 24+- feet from the westerly (side) property line, and 83+- feet from the top of the bank near the Peconic Bay highwwater mark. The accessory storage building was converted by Building Permit No. 12904Z to a three-car garage and is located north of the existing principal dwelling structure. 4. For the record, the following data is noted for reference and consideration: (a) approval was found indicated that this parcel is known as Lot #3 and a part of a minor subdivision approved by the Southold Town Planning Board on April 16, 1973 in the name of Andrew Hahn - during the period of one-acre residential zoning. One of the requirements set by the Planning Board at that time was a filed covenant that there be no further subdivision; (b) subsequently, on July 29, 1982, an application was made and conditionally approved by the Southold Town Board of Appeals under Appl. No. 2986 for approval of the conversion of one of the existing accessory buildings permitting two bedrooms as sleeping quarters for the applicant's mother-in-law (family) and guest use; (c) the premises continued, up until May 1983, to be zoned one-acre residential; (d) during October 1987, the applicants asked the Planning Board to consider lifting its requirement that there be no subdivision in order to apply further to set off a 40,000 sq. ft. area for the guest cottage use, which minimum lot area was to be applied for the guest cottage use as conditioned by the Board of Appeals in its 1982 variance determination. (The requirement during 1982 was 40,000 sq. ft. of land area for each principal use, requiring compliance should a further subdivision be sought. 5. Article III, Section 100-31A, and Bulk/Area/Parking Schedule of the Zoning Code, requires a minimum of 80,000 sq. ft. of land area to be applied to each residential use. Thus, the total lot area of this parcel is 2.979 acres (129,765+- sq. ft.), which will not meet today's requirement for two residential uses on a single parcel of land. The Southold Town Zoning Code does not permit more than one dwelling on a parcel, and the conversion of the accessory sleeping quarters for cooking facilities defines Page 3 - Appl. No. 4063 Matter of PETER AND M3~RIE PIZZARELLI Decision Rendered December 16, 1991 the building as a dwelling unit or full housekeeping unit, requiring this variance. 6. In considering this application, the Board finds: (a) the relief requested is limited to the installation of a cooking unit, which in the Board's opinion is not substantial in relation to the existing use of this accessory structure {as sleeping quarters for family member~; (b) the practical difficulties claimed are not uniquely related to the property, although it is related to the the effects of zoning over the last 10+ years {see Paragraph 4, supra}; (c) the intent of the owner during the prior variance was and still is to permit occupancy of the accessory building by an immediate family member {88-yr. old mother-in-law of the owner}; (d) the placement of a cooking unit for occasional use may be placed without requiring major structural alterations and it should be further noted that there are counter-top cabinets and a sink existing in the accessory building (first entry room or living room/den area); (e) since the owner/applicant has agreed to limit the size of the accessory building, without further expansion or enlargement, the grant of the relief as requested will be only inside the existing accessory building, without obvious aesthetic or other visible changes to the outside of the building or the surrounding property area; (f) it is the position of this Board that since the accessory building has always been intended for family use, that the Board has no objection to the use continuing, provided its use is without profits from rents or leases in the future by non-family members, and that any change in this owner-family occupancy will require further consideration and approval from the Board of Appeals in the form of a use variance; (g) in view of all the above, the interests of justice will be served by limited, minimal relief as conditionally noted below. Accordingly, on motion by Member Dinizio, seconded by Member villa, it was RESOLVED, to GRANT a Variance for permission to install a cooking unit in the existing accessory building SUBJECT TO THE FOLLOWING CONDITIONS: Page 4 - Appl. No. 4063 Matter of PETER AND MARIE PIZZARELLI Decision Rendered December 16, 1991 !. That the use of this accessory building is limited to the size of the building, as exists only; there shall be no expansion, additions, extensions or other major structural alterations to this accessory building unless further variances are obtained, unless the accessory building is converted to a storage or garage structure without sleeping quarters in accordance with the zoning code. {In the event of a further different subdivision or set-off application concerning this 2.979 acre parcel, a new formal application, for consideration under the new zoning laws in effect for the new project, will be required, particularly if this building is not converted to a conforming principal building (one principal dwelling structure per lot), or as an accessory storage/garage building (accessory and incidental to a new principal building which may be proposed)}; 2. That this accessory building not be operated for profit, such as a rental lease or other type of rental arrangement and shall remain accessory and incidental to the main principal residence on this parcel; 3. That the Board of Appeals reserves the right to reopen the hearing as it may deem necessary at any time; and within a reasonable time upon receiving the owner's written annual request, the Board reserves the right to renew this variance and inspect the building (after notice to the owner) in the event it has been found that circumstances have changed which may substantially affect the conditions of this approval; 4. That the Board of Appeals also reserves the right to automatically terminate this variance five (5) years from the date of this resolution, reverting the use of this building to strictly sleeping quarters as granted under Appl. No. 2986 on July 29, 1982. VOTE OF THE BOARD: AYES: Grigonis, Dinizio and Villa. (5-0 margin). Messrs. Goehringer, Doyen, This resolution was duly adopted GG: lk RECEIVED AND FILED BY T!~E SOUitiOLD TO%VN CLERK Town Clerk, Tov;n of Sou~old GERARD P. GOEHRINGER, CHA~RMAN APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF HEARINGS ScoTrL. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following matters will be held for public hearings before the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, NY 11971, on times specified below: 53095 Main Road, Southold, commencing at the (1) 7:20 p.m. Appl. No. 4064 - MR. AND MRS. WILLIAM R. AHFf3TY III. Variance to the Zoning Ordinance, Article Y. XIII, Section 100-239.4B for permission to construct addition at the rear of existing principal building with a reduced ~etback from the existing bulkhead (and increase of the degree or square footage of nonconformance although maintaining the same nonconformities at the side yards). Zone District: R-40 Low-Density Residential. Location of Property: Road, Greenport, NY; County Tax Map District 1000, Block 6, Lot 10. 3405 Bayshore Section 53, ~age 2 - Legal Not~ Hearings for Novemb~-r 21, 1991 Southold Town Board of Appeals (2) 7:25 ~.m. Appl. No. 4063. Variance to the Zoning Ordinance, Article III, Section 100-3IA(i) for permission to change use of an existing accessory building from strictly sleeping quarters use to single-family dwelling use and occupancy with cooking/kitchen facilities. The subject premises is located in the R-80 Residential Zone District ann contains a total area of 2.979 acres, as shown on the Minor Subdivision Map before the Town Planning Board dated August 12, 1982 (Lot ~3). Location of Property: Private right-of-way extending from the south side of Indian Neck Road, Peconic, NY; County Tax Map Parcel No. 98-5-14.3. (3) 7:35 p.m. Appl. No. 4039 - CLIFFSIDE ASSOCIATES. Appeal for an Interpretation under the Definition Section of the Zoning Code, Article I, Section 100-13 as noticed to the adjoining property owners, as pertains to dwelling and/or motel uses, and the installation of cooking facilities (kitchenettes). Location of Property: 61475 County Road 48, Greenport, NY; County Tax Map Parcel ID 1000-045-01-001 & 002 (2.1), containing approximately 7.5 acres. Zone District: Resort Residential (RR). The subject premises was the subject of a conditional approval under Appl. No 3542 in which a Special Exception was requested for motel units (without maps or plans for individual kitchenettes or dwelling uses). ~age 3 - Legal Hearings for November 21, 1991 Southold Town Board of Appeals [4) 7:50 p.m. Appl. No. 4066SE - WILLIAM C. GOODALE. Special Exception to the Zoning Ordinance, Article X, Section 100-10lB(12) for permission to establish new use for outside, on-premises motor vehicle sales and leasing, and related business office, in conjunction with pre-existing nonconforming residential use. The subject premises is located in the "B" General Business Zone District and a Pre-Certificate of Occupancy indicates that the premises has been improved and occupied with two principal buildings, each with one single-family dwelling use. This parcel contains a lot area ~ 36,155 sq. ft. and lot width of 120 feet. Location of Property: 7655 Main Road, Laurel, NY; County Tax Map Parcel No. 1000-122-06-30.1 (or 30). (5) Appl. No. 3970 - McDONALD'S CORPORATION. (Owner: Cofam Realty Co.) for a Special Exception to the Zoning Ordinance, to establish fast-food restaurant with drive-through (Er drive-up) window subject to the requirements of Article X, Section 100-10lB and subject to site plan approval by the Town Planning Board. Subject lot, as this General Busines (B) South Side of Main Road Tax Map District 1000, exists, is conforming as to lot size in Zone District. Location of Site: (State Route 25), Mattituck, NY; County Section 122, Block 07, Lot 3.1. Page 4 - Legal Not Hearings for November 21, 1991 Southold Town Board of Appeals The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above matters. Written co~ents may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated. For more information, please call 765-1809. Dated: October 31, 1991. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski TO: Times-Review Delivered 11/6/91 L.I. Traveler-Watchman For Publication Copies on 11/6/91 to the following: FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date ..07(:: ................... , .~.~,~..~./.~. ..................... ..~ _~ .... '. ~.~..,.~-..~ ..... //,r~ ~- PLEASE TAKE NOTICE that your application da,ted ..... ~ ./~ .......... t ...... 19..~Z~.. for permit to ~Z~..~..~...~..~~.".,~.'...o~.'..~.....~...~.~.~_~.. ...... at Subdivision ................. Filed Map No ................. Lot No .................. is returned h~rewith and disapproved on the following grounds..~./~.. ~.~.., .,/~.~.. ..:..~.~.'....,.~. ~/ .... ,:.. ~1....-~.../...~..~..'. ~. '.~>.... .,..a~,,_~, ., /? ' ' -. -./ ;~ ("/ ~' - d".~ ' ~'~Z .... ~..~?'.~x::~. ~...-~:. ~ .............. .. .......................... ,-,, ... B~£dzng~ns~ector - RV 1/80 RECEIVED I /: 5.~',~.~ Ht;l' ~9 'Lqg! Tow. OF SOUTHO~-O, ~E',V YORK APPE/~JN~I~I~I ~DIL~I'IJlJJIIIII~)F BUILDING INSPECTOR APPEAL NO. EDATE ..~i-:..~...!.~..q.i TO THE ZONING BOARD OF APPEALS. TOWN OF SOUTHOLD, N. Y. M. ..L. ,o !.< L 1, (we) .~.~ i~RtE, I.~.(~.~ bf ~ o ~m~ ................... " Street and Numbe~ Name of Appeliant ~O~iO ....................................................... ........................ State Municipality THE ZONinG BO*~© OF ,PPE*LS ~0~ T~E DECiS~ON OF THE BU,LD~NG ~NSP~O~ ON ,P~UC*T~O~ FO~ pE~z NO .... .~..~b..L ................ gATEg .......... ~./.~...j..9. J ....................... W~E~EBY THE BU~:g~ ~S~ECTO~ DE~JED TO L L', Name of Applicant for permit Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ....~.J.~....~.~.D. LD.~..~.~.~.~...~.~.~..~..~t~.~-LG. Street /Hamle% / Use District on Zoning Map District 1000 Section Block Lot - - p~R~-~ ' · ............. curreD[ ~ner Lot No~ Prior Owner Mop ~o.)oO~ _ ~~ 2. PROVISION (SI OF THE zONmNG ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article ~ Section )OO-~ ~ 3. TYPE OF APPEALAppeoI is made herew,th (or (please check appropriate box) -- - u ;'~ ( v6/ A VARIANCE to the Zoning Ordinance or ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Lows Art. 16 Sec. 280A Subsection 3 () 4. pREVIOUS APPEAL A previous oppeo been mode with respect to this decision of the Building Inspector or with respect to this property. Such cppeal was ( ) request for a special permit (~)/request for a variance !...Doted ................................................................... and was mode in Appeal No ............................. REASON FOR APPEAL ( )/A Variance to Section 280A Subsection (v)~ A Variance to the Zoning Ordinance is requested for the reason that I o i sq ll ~'orm Z~! (Continue on other side) REASON FOR APPEAL I STRICT APPLICATION OF THE ORDINANCE would produce practical difficulti~ "~'~'~ ~ ~ ~ ~ _ . '~ 2. The h~rdship cre=ted is UNIQUE ~nd is not shtered by oll properties ~like in t~e immediate vicin,ty of this property and in t~is use district' because The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE STATE OF NEW YORK ) .~..~.....~...~ COUNTY OF Sworn to this .... .?,.~, ~-' day of ...... /Notary F~ubhc LJNDA J. COOPER NotaW Public, State of New Yerk No. 4822563, Suffolk County Term Expires December 31, 1~ ~/.??_ ~£_ 4'-_ /,./. ~. TOWN OF SOUTHOLD PROPERTY ~RECORD CARD OWNER FORME~R OWNER · ,/~;'.~- ~" E. L~J /(t7 :,' RES~ A I ~S~ ' ' Vk. ' -~ ~ ~~ND IMP, TOTAL STREET FARM DATE REMARKS /~;T. SUB. LOT '~b £~e.., ACR. j TYPE OF BUILDING 'alue AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Tillable FRONTAGE ON WATER Woodland Meadowland Value Per Value Acre House Plot Total FRONTAGE ON ROAD DEPTH BULKHEAD DOCK -- I COLOR TRIM M. Bldg. Extension Extension Extension Porch Por'c~ ¢ Breezeway Garage Patio aa B. Foundation Basement Walls Fire Place T~e Roof Bath Floors · Interio~ Finish Heat Rooms 1st Floor Recreation Room Rooms 2nd Floor Dormer ~tal Driveway /nette LR. DR. BR. FN.B TOWN OF SOUTHOLD PROPERTY REC-~RD CARD ~)WNER STREET VILLAGE DIST.; SUB. LOT ~ORMER OWNER ~ E,.~., · ACR. S W ~PE OF BUILDING ES. ~/~ S~S. VL.~ FARM COMM. CB. MICS. Mkt. Value ' ~ ~MP. TOT*L ~*TE ~RKS 'illable FRONTAGE ON WATER Eo~land FRONTAGE ON ROAD ~eadowland DEPTH louse Plot f? BULKH~D ora I " "~ ~ : Extension Extension . Porch Porch Breezeway Garage Patio · Total · COLOR TRIM Basement Ext. Wails Fire Place Type Roof Recreation Room Dormer Both F oars J Interior Finish Heat Rooms 1st Floor Rooms 2nd Floor Driveway Dinette LR. DR. FIN. B TOWN OF SOUTHOLD PROPERTY i~CX)RD CARD ~,/~ ~)(1 ~ ~¢~ ~'-' / ~' ~ LOT~ ~NNER STREET VILLAGE DIST. SUB. )~MER OWNER N ~ ~PE OF BUILDING S W S. S~S. VL .... FARM CO~. CB. MICS. Mkt. Vogue ,, ,, , ~ ~ ,. ~IO ~ND IMP. TOTAL DATE R~RKS ill~ble FRONTAGE ON WATER to. lend F~ONTAGE ON ROAD ~eedowland DEPTH louse Plot BULKH~D C~ · ~ Extension Extension COLOR Extension Foundation C ~ Bath Porch Basement Floors P°rc~h/~¢e~' Breezeway Garage TRIM Patio /,~ ~r Oo Bo Total Ext. Walls Interior Finish Fire Place Heat Type Roof Recreation Room Dormer Rooms :1st Floor Rooms 2nd Floor Driveway / . ~inette '/g/cJ · ~/~ LR. ,~'/~"~ ~.~ iDt' JOSEPH A PIZZARELLI 1716 SECOND AVE #3D, NEW YORK, NY 10128 INDIAN NECK LANE, PECONIC, NY 11958 (212) 876-2195 HM (516) 734-5976 HM (212) 526-2442 WK APR - 8 Gerard P. Goehringer Chairman of the Zoning Board of Appeals Town of Southold New York, NY 11971 March 26, 1998 Dear Mr. Goehringer, As per our conversation of last month, I am writing to advise the Board that pursuant to variance # 4063, the cottage on Indian Neck Lane continues to be used as a single family dwelling, with cooking facilities, by the Pizzarelli family, (specifically my 93 year old grandmother), and friends for which it was approved on December 16, 1991. Previously, you had received letters from my father, Peter Pizzarelli, who passed away in July of 1996. Please accept this letter for this year and last year as, due to our oversight, you did not receive one. Thank you for your continued understanding and cooperation. Sinc~erely, ~-~ n n seph A. Pizzarelli cc: Marie L. Pizzarelli APPEALS BOARD MEMBERS Gerard P. Gochringer, Chairman Charles Grigonis, .Ir. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box ii79 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 ACTION OF THE BOARD Appl. No. 4063. Upon application of PETER D. AND MARIE L. PIZZARELLI. Request for Variance to the Zoning Ordinance, Article III, Section 100-3iA(i), for permission to change use of an existing accessory building from strictly sleeping quarters use to single-family dwelling use and occupancy with cooking/kitchen facilities. The subject premises is located in the R-80 Residential Zone District and contains a total area of 2.979 acres, as shown on the Minor Subdivision Map before the Town Planning Board dated August 12, 1982 (Lot #3). Location of Property: Private right-of-way extending from the south side of Indian Neck Road, Peconic, NY;. County Tax Map Parcel No. 1000-98-5-14.3. WHEREAS, after due notice, a public hearing was held on November 21, 1991, and all those who desired to be heard were heard and their testimony recorded (both pro and con - see letters in file and verbatim transcript of testimony also in file); WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; WHEREAS, Board Members have personally viewed and are familiar with the premises in question,, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. By this application, appellants seek a variance under Article III, Section 100-31A for permission to change use of an existing accessory building from strictly sleeping quarters use to single-family dwelling use and occupancy with cooking/kitchen facilities. 2. The subject premises contains a total lot area of 2.979 acres and is improved with one principal structure occupied as a single-family residence, and improved with two accessory buildings, one converted for family sleeping quarters use and the .... ]._fO ~ June 3, 1999 Marie L. Pizzarelli Indian Neck Lane Peconic, New York 11958 Mr. Gerard P. Goehringer Chairman - Zoning Board of Appeals Town of Southold Southold, New York 11971 Dear Mr. Goehringer: Please be advised that pursuant to variance #4063, my accessory building (cottage) continues to be used as a single-family dwelling with cooking facilities, by my family (93-year-old mother) and friends for which it was approved on December 16, 1991. Sincerely, Marie L. Pizzarelli MLP:rd APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Lydia A. Tortora BOARD OF APPEALS TOWN OF SOUTHOLD March 22, 1996 Southold Town Hall 53095 Main Road EO. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Mr. and Mrs. Peter D. Pizzarelli 5710 Indian Neck Lane Peconic, NY 11958 Re: Appl. No. 4063 - - ,,? Accessory Building Dear Mr. and Mrs. Pizzarelli: This will confirm that a copy of your annual "status" letter dated January 15, 1996 has been accepted and made a part of your permanent file (after distribution by me to Board Members, and agenda notation at our February 7, 1996 Regular Meeting. ) Your next letter would, as you are aware, not be due until January 1997. Very truly yours, lJnda Kowalski, Secretary Board of Appeals APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 UPDATE FOR THE FILE January 29, 1992 Mr. Pizzarelli called today to confirm that on page 2, paragraph 4(d), fourth sentence refers to a set off request of 40,000 sq. "for the guest cottage use," and that he would like the record to show that the request to the Planning Board during October 1987 was intended to be a set off of 40,000 sq. ft. "at the northerly end of his 2.979-acre parcel and not for the quest cottage." Mr. Pizzarelli agreed to have this corrected by way of a copy of this written update for the file, to be used in the future if needed for reference, with a copy for his file. A copy of this file update was forwarded to Mr. Pizzarelli today. ~a~e 2 - Appl. No. ~063 Matter of PETER AND MARIE PIZZARELLI Decision Rendered December 16, 1991 other for garage/storage purposes. 3. The dwelling as exists is shown to be set back approximately eight feet from the top of the bank near Peconic Bay highwater mark and approximately 656 feet from the most northerly (front) property line. The accessory building utilized for sleeping quarters is located 650+- feet from the northerly (front) property line, 24+- feet from the westerly (side) property line, and 83+- feet from the top of the bank near the Peconic Bay highwwater mark. The accessory storage building was converted by Building Permit No. 12904Z to a three-car garage and is located north of the existing principal dwelling structure. 4. For the record, the following data is noted for reference and consideration: (a) approval was found indicated that this parcel is known as Lot $3 and a part of a minor subdivision approved by the Southold Town Planning Board on April 16, 1973 in the name of Andrew Hahn - during the period of one-acre residential zoning. One of the requirements set by the Planning Board at that time was a filed covenant that there be no further subdivision; (b) subsequently, on July 29, 1982, an application was made and conditionally approved by the Southold Town Board of Appeals under Appl. No. 2986 for approval of the conversion of one of the existing accessory buildings permitting two bedrooms as sleeping quarters for the applicant's mother-in-law (family) and guest use; (c) the premises continued, up until May 1983, to be zoned one-acre residential; (d) during October 1987, the applicants asked the Planning Board to consider lifting its requirement that there be no subdivision in order to apply further to set off a 40,000 sq. ft. area for the guest cottage use, which minimum lot area was to be applied for the guest cottage use as conditioned by the Board of Appeals'in its 1982 variance determination. {The requirement during 1982 was 40,000 sq. ft. of land area for each principal use, requiring compliance should a further subdivision be sought. 5. Article III, Section 100-31A, and Bulk/Area/Parking Schedule of the Zoning Code, requires a minimum of 80,000 sq. ft. of land area to be applied to each residential use. Thus, the total lot area of this parcel is 2.979 acres (129,765+- sq. ft.), which will not meet today's requirement for two residential uses on a single parcel of land. The Southold Town Zoning Code does not permit more than one dwelling on a parcel, and the conversion of the accessory sleeping quarters for cooking facilities defines DEPARTMENT OF PLANNING Town of Southold Zoning Board of Appeals COUNTY OF SUFFOLKO ROBIGiT J. GAFFNEqf SUFFOLK COUNTY EXECUTIVE January 30, 1992 Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) which have been referred to the Suffolk County Planning Connnission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) JPizzarelli, Peter D. & Marie L. Lavagetto, Paolo 4063 4067 Very truly yours, Arthur H. Kurtz Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner (516) 853-5192 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Pursuant to J~r~civle X/V of the SuffoLk County Administrative. Code, The Board of Appeals of the Town of Southold, Now York, hereby refers the following to the Suffolk County Planning C~u&ssion: ~Variance from the Zoning Code, Article III , Section lO0-31A (1) __Variance from Determination of Southo]d Town Building Inspector __Special Exception, Article , Section Special Permit Appeal No: 4063 Applicant: Peter D. and Mmrie L. Pizzarelli Location of Affected Land: 5710 Indian Neck Lane, Peconic~ NY County Tax Map Item No.: ]000-98-5-14.3 Within 500 feet of: --: Town or Village Boundary Line ~X Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area Existing or Proposed Right-of-Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines, or . Within One Mile of a Nuclear Power Plant __ Within One Mile of an Airport ' ' Comments: Applicant is requesting permission.'to inst~Lll cox)king facilities in quest cottage, witJout any structural change. Occupancy to change frc~ sloping ~!a~lzers to habitable qn~m~te]~s. ~pies of Town file and related documents enclosed for your review. Dated: Jan~mry 28, 1992 ~age 4 - Appl. No. 4063 Matter of PETER AND MARIE PIZZARELLI Decision Rendered December 16, 1991 1. That the use of this accessory building is limited to the size of the building, as exists only; there shall be no expansion, additions, extensions or other major structural alterations to this accessory building unless further variances are obtained, unless the accessory building is converted to a storage or garage structure without sleeping quarters in accordance with the zoning code. {In the event of a further different subdivision or set-off application concerning this 2.979 acre parcel, a new formal application, for consideration under the new zoning laws in effect for the new project, will be required, particularly if this building is not converted to a conforming principal building (one principal dwelling structure per lot), or as an accessory storage/garage building (accessory and incidental to a new principal building which may be proposed)}; 2. That this accessory building not be operated for profit, such as a rental lease or other type of rental arrangement and shall remain accessory and incidental to the main principal residence on this parcel; 3. That the Board of Appeals reserves the right to reopen the hearing as it may deem necessary at any time; and within a reasonable time upon receiving the owner's written annual request, the Board reserves the right to renew this variance and inspect the building (after notice to the owner) in the event it has been found that circumstances have changed which may substantially affect the conditions of this approval; 4. That the Board of Appeals also reserves the right to automatically terminate this variance five (5) years from the date of this resolution, reverting the use of this building to strictly sleeping quarters as granted under Appl. No. 2986 on July 29, 1982. VOTE OF THE BOARD: AYES: Grigonis, Dinizio and Villa. (5-0 margin). Messrs. Goehringer, Doyen, This resolution was duly adopted GG:lk RECEIVED AND FILED BY Ti{E EOUTII©LD TOWN CLERK Town Clerk, Tcvm of Sou~olcl GERARD P. GOEHRINGER, CHAI~{MAN APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD January 24, 1992 ~ Mr. and Mrs. Peter Pizzarelli P.O. Box 214 5710 Indian Neck Lane Peconic, NY 11958 Re: Appl. No. 4063 - Variance for Cooking Unit Dear Mr. and Mrs. Pizzarelli: With reference to the above variance application, please find attached the written findings and resolution of the Board. Please be sure to return to the Building Inspector for issuance of appropriate permits or other updates before proceeding. A copy of this determination has also been furnished to the Building Department for their records. Very truly yours, Linda Kowalski Enclosure Copies of Decision to: Suffolk County Department of Planning 2 - November Hearing - Z.B.A. 21, 1991 Mr. & Mrs. William R. Ahmuty IIl MR cont'd: above the ir area. CHAIRMAN Winter is is a winter project? MR BERTANI: Yes. CHAIRMAN GOEHRINGER: So as possible? I thank very like a decision as quickly :h, sir for coming in. CHAIRMAN Is there ~lse who would like to speak in behal this application? An~bQ~y_like to speak against the tion~ Questions from_.Boa~k~embers? I have no problem with this application.'~I'll make a moti~ it be granted.~~ in Favor - AYE. ~. Appl. No. 4063 Applicant(s): Peter & Marie Pizzarelli Location of Property: Private Right-of-Way extending from the south side of Indian Neck Road, Peconic, NY County Tax Map No.: 1000-98-5-14.3 The Chairman opened the hearing at 7:28 p.m. and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a copy of a survey, from Roderick Van Tuyl P.C. dated April 20, 1972 indicating the cottage as it stands adjacent to and somewhat placed back from the main house but almost parallel to, on the left side of the property. And I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Is there somebody who would like to be heard in behalf of his application? How are you tonight Mr. Pizzarelli? MR PIZZARELLI: Only to reiterate what I put in my application. That my wife's 86 year old mother has been living in the cottage for the past ten years. She suffers from severe arthritis in her leg and has difficulty walking. There's a previous letter on file from Dr. Arm stating that I think in the file. Her condition has worsened and she has difficulty walking to the main house for meals. Especially in very inclement weather such as rain and snow. There is also a problem with the meals when my wife and I must be away and we have someone come to stay with her in the cottage. Other than that are there any questions you would like to ask? Page 3 - November 21, 1991 Public Hearing - Peter & Marie Pizzarelli Southold Z.B.A. CHAIRMAN GOEHRINGER: You were kind enough for the record to show Board Members in place in the beginning in two instances, we appreciate that and what we are talking about in this application is very simply the installation of a stove. MR PIZZARELLI: Right. CHAIRMAN GOEHRINGER: We have the bare essentials of a kitchen in the premises at this time and this gentlemen is looking at this also. So that he does not have to walk from the main house to the cottage during these times. Is that correct? MR PIZZARELLI: Yes. CHAIRMAN GOEHRINGER: And those aren't even the most severe months. MR PIZZARELLI: Yes, right. CHAIRMAN GOEHRINGER: I don't have any further questions. Does the Board have any further questions? Okay we'll see if anything develops and we may call you up. Thank you sir. Is there anybody else who like to speak in favor of this application? Is there anybody who would like to speak against the application? Good evening Ms. Totora. MS TOTORA: My name is Lydia Totora and I represent Patricia Wood, who is the property owner, adjoining property owner on the west. We are opposed to this application, the applicant in our opinion is not seeking a variance but a back door method to further subdivide this already subdivided parcel. And to create a single and separate dwelling unit and as the show, to create a single and separate lot. In 1982, when Mr. Pizzarelli applied for a variance for sleeping quarters only at the time Mr. Burr stated for the record and this is a matter of the records of the Z.B.A. meeting at this time. It's conceivable that a subdivision could be applied for the relief. They don't want to do that. They just want to be able to have use of the building for their parents, for there own personal use; promise that it would never be used for rental purposes etc. The meals are taken by the people have been and are now taken to the main house. Well, now a decade later in Mr. Pizzarelli's application he states if the cottage was a separate unit with cooking facilities my wife could rent it and receive an income and would not have to suffer at home. This has also been stated in the record as well as the care of the mother-in-law. After a variance is obtained to transform this into a cottage for sleeping Page 4 - November 21, 1991 Public Hearing - Peter & Marie Pizzarelli Southold Z.B.A. MS TOTORA, cont'd: quarters only. In 1987, the Pizzarelli's submitted a map and a proposal to the Planning Board to set off lot number 3. Despite that fact that lot number 3 has been covenanted against any further subdivision and I would refer you to the approval given by Mr. Wickham when he was Planning Board Chairman in 1973 and the prior property owners recorded covenant agreeing to covenant that and for all property owners after that. At the time the Town Planner advised Mr. Burr that they would not recommend approval for further subdivision of this property. The desire to deceit additional income is not unique. Certainly not in these times, it's shared by many. In this instance the hardship is self-imposed. The granting of this variance would create two dwelling units; two separate dwelling units on this two acre zoned parcel and would neglect the spirit of the zoning ordinance. The precedent has already been established by this Board that two kitchens equals two dwelling units. And I would refer to the Z.B.A. decision this year in the matter of Splendido and Auricchio in that decision the Zoning Board says under zoning interpretations on January 8, 1988 under interpretations made by the Board of Appeals on the term "one dwelling unit" the interpretation provides as follows: Any building or portion thereof, forming a single habitable unit and containing not more than one kitchen or cooking facility shall be deemed a dwelling unit the Southold Town Code. Two dwelling units are not permitted in R-80 residential districts. As far as a further variance that was given to the variance in 1982. After reviewing the files I find that although the variance given in 1982 did not include a kitchen with a sink and a refrigerator they were already constructed long before and in place when Mr. Pizzarelli went to the Building Department and his application was rejected because he built it without any permits. He later came to the Zoning Board of Appeals for permission for what was already constructed. At the time, there was a kitchen a sink, a sink out lay in the whole parameters of this. The Z.B.A. approved the variance in the July of 1982, yet there was some confusion about the variance being approved because the principal building inspector wrote to the Z.B.A. in August, noting that there was plumbing facilities that had already been installed in it. At the time you clarified that in the letter in August stating that it was clearly an accessory use for sleeping purposes only. There was no mention of any provisions for a refrigerator, a sink or any other kitchen facilities. And yet on a survey dated August, there was an imaginary line you delineated a imaginary line 40,000 square feet and you clearly said it was an imaginary line. Yet two weeks later after you said this a survey, a legal survey appears and the line was no longer imaginary, but the line appears on the survey as a delineated 40,000 square feet lot Page 5 -November 21, 1991 Public Hearing - Peter & Marie Pizzarelli Southold Z.B.A. MS TOTORA, cont'd: and we've got a lot of problem with this, because we don't understand why that happened and why it exists. When the Building Department approved the plans and issued a c/o for the accessory structure the Building Department very specifically x'd out the entire kitchen area. There is no c/o for that kitchen area. Now we would like to know is the sink still in place, is the refrigerator still in place and if those items are in place, Mrs. Wood would like them removed because they are without any legal permits that we know of, unless you can correct us and tell us to the contrary. As far as. CHAIRMAN GOEHRINGER: Do you want me to answer that? MS TOTORA: Sure. CHAIRMAN GOEHRINGER: In the most recent decision, which does not necessarily deal with a one family dwelling unit, but a decision for Cliffside Associates, where they wanted to install a sink and a refrigerator unit on one unit, in 66 motel units. We did allow that. That is the nature of the application, or my interpretation that is before us tonight at this table for some time. But of course they want to put in full kitchen facilities. I don't masque that be a full kitchen facility. It's lacking the preparation of food, that's my opinion. It may not be. MS TOTORA: Is that also the, is the definition of a kitchen? A stove, and what constitutes a kitchen? CHAIRMAN GOEHRINGER: Basically a kitchen and this is again my interpretation, this is not a full Board interpretation, a decision from the Board, it's my own interpretation. A kitchen would be any form of food preparation in the way of, it could be a microwave, a refrigerator, a sink. It could be a stove, a refrigerator, a sink. , refrigerator, sink. It could be a countertop, refrigerator, sink. The lacking of the food preparation in the scheme, the ability to, the bare essentials. MS TOTORA: So you're saying that it is some form of heat preparation. CHAIRMAN GOEHRINGER: Yeah, heating or defrosting preparation. You can come up to the point in the issue of Cliffside Associates, the installation of a Mr. Coffee coffee pot in conjunction with the sink and refrigerator facility. Thfs particular case the lack of because what we had there was very simply, although there was a heating plate associated with the, and I'm not pushing Mr. Coffee, Sunbeam Page 6 - November 21, 1991 Public Hearing - Peter & Marie Pizzarelli Southold Z.B.A. CHAIRMAN, cont'd: or Mr. Coffee preparation unit at one particular. MS TOTORA: It is somewhat confusing because in the plans from the Building Department, the Building Department has specifically x'd it out that entire area. And that has their stamp of approval on it. So there has never been any marriage between what is on record as having approval and what you are saying. That discrepancy exists as far as that record is concerned. We still maintain that this is a self- imposed hardship and that as far as the condition of the mother, we're very sympathetic to this, but we feel that given that fact that the main house is an extremely large structure there are many other remedies available in this case. At the time Mr. Burr stated that house had accommodations for six people. Certainly from someone of that age such serious illness could be moved to the main house. Switch with one of the children. At any rate there are other remedies available other than what amounts to a subdivision of this land and we are extremely opposed to it because it would set a dangerous precedent in this area. Thank you. CHAIRMAN GOEHRINGER: Is there anybody else who like to speak against this application. Mr. Pizzarelli could I just ask you one quick question. When did you establish a square footage MR PIZZARELLI: Approximately between six and seven hundred. CHAIRMAN GOEHRINGER: Square feet. Mr. Dinizio would like to ask you a question. MEMBER DINIZIO: Can I ask you a question. I just want to see if I got it straight. You are objecting to the installation of a sink, I mean a stove in this building, accessory building. Or is it just because it's going to be rented on down the line as the applicant did state. MS TOTORA: We are objecting to the installation of a single and separate dwelling. It's very difficult to say that we you see it in the code, as in the case, yes, a separate kitchen does constitute a separate dwelling. You already have a 5,000 square foot main building and a structure in addition to two square, a huge garage that has been added on to. This was a accessory cottage that was revamped and is now a cottage with everything but a kitchen. So this parcel was coveted against further subdivision in 1973 and if we're to uphold the spirit.of the zoning in this town we can not simply further carve it up. Mr. Pizzarelli has made no bones Page 7 - November 21, 1991 Public Hearing - Peter & Marie Pizzarelli Southold Z.B.A. MS TOTORA, cont'd: about it. He wants to subdivide it. He did not go to the Planning Board in 1987 for a variance he went for a set-off. To set-off a lot that has been prohibited from being further subdivided. So I think the handwriting is on the wall and it's, we're asking you to put a stop to and to uphold the spirit of the zoning ordinance. MEMBER DINIZIO: Okay, so you're objecting to it. MS TOTORA: Ail the way. MEMBER DINIZIO: Thank you. CHAIRMAN GOEHRINGER: Thank you. Yes, Mr. Pizzarelli? MR PIZZARELLI: Gerry, I think some of the information that is being brought forth here by this young lady is incorrect. CHAIRMAN GOEHRINGER: use the mike. Okay. I'm going to have to ask you to MR PIZZARELLI: Number one, the main house is not made up of 5,000 square feet. I mean some of these other things that and as far as the imaginary line that was the Boards decision to put that in there. I had nothing to do with that. I'm not asking to subdivide this property. And I never went formally to the Planning Board to ask for a subdivision. I never did. CHAIRMAN GOEHRINGER: On your piece. MR PIZZARELLI: Of my piece right. And I had nothing to do with the original subdivision, that was done by Andrew and the comment here in regard to the renting. That is something that is somewhere down the line, I don't know where. I mean, that's only, that's only if I were to pass away. I mean, I'm a senior citizen and a retired person living on a fixed income. When I pass away my income ends and it's a question of my wife has to either sell her property to live or possibly in the future, 10, 15, 20 years down the line, who knows, just having the opportunity. I'm not saying that it's going to happen right now. Right now that's being used by my mother-in-law. But I think a lot of these other, and as far as the kitchen being etched out, I have no knowledge whatsoever of that. You have a copy of the plans of the cottage from the last and so forth and there is no x'ing out and the Building Department of that and I ~ave a c/o that says that building is approved by the Building Department as is. The way it is right now and the Board came down and inspected that building and it's the same Page 8 - November 21, 1991 Public Hearing - Peter & Marie Pizzarelli Southold Z.B.A. MR PIZZARELLI, cont'd: building that they saw ten years ago and everything that's in there is the same. CHAIRMAN GOEHRINGER: Thank you again. Yes Lydia? MS TOTORA: I will read for the record and then submit to you for the record on October 18, 1987, Southold Town Planning Board, Attention Valerie Scopaz, regarding proposed set-off for Pizzarelli, Peconic, New York. Dear Ms. Scopaz, On behalf of Peter and Marie Pizzarelli we respectfully request that you take a few minutes to look over the enclosed map and our sketched in proposal for a set-off on part of their lot, lot number three. That's number one. Number two. Here is a copy of the plans that were approved, they have the stamp of the approval of the Southold Town Building Department, dated 9/24/82, in the plans the entire kitchen area is x'd out. I submit both of these for the record. Thank you. CHAIRMAN GOEHRINGER: Thank you. Is there thing else that any one would like to report. Seeing no hands I make a motion closing the hearing reserving decision until later. Ail in Favor - AYE. Appl. No. 4039 Applicant(s): Cliffside Associates Location of Property: 61475 County Rd 48, County Tax Map No.: 1000-45-1-1 & 2 Greenport, NY The Chairman postponed the hearing at 7:50 p.m. at the request of the Attorneys until further notice. Appl. No. 4066SE Applicant(s): William C. Goodale Location of Property: 7655 Main Road, Mattituck, County Tax Map No.: 1000-122-6-30.1 The Chairman opened the hearing at 7:52 p.m. and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a copy of a site plan produced by Garret Strang. The most recent date is 10/25/91, indicating the specific changes that will be required in this application. And I have a copy of Suffolk County Tax Map indicating this and surrounding properties in the area. Mr. McLaughlin I understand. MR MCLAUGHLIN: Members of the Board, my name is Kevin McLaughlin and I'm here on behalf of Mr. Goodale representing him in this special exception application. As the Chairman After investi as follows: 6n and personal inspecti the Board finds Appellants have appealed to this Board seeking a variance for permission to convert part of an existing barn (two-story section) into sleeping quarters for their parents because their parents are forced to sell their own properties. The premises in question is a parcel of land containing approximately 16,600 square feet in area, and existing on the premises are a two-story frame house, two small sheds at the southwest corner, shed at the rear of the premises, and garage/barn at the center of the premises. The Board finds that the buildings existing on the premises appear to have been constructed prior to zoning and cover very near to the maximum permitted 20% lot coverage. The Board finds and determines that the relief requested in relation to the Code requirements is not substantial; that if the variance is granted no substantial detriment to adjoining properties will be created; that the interests of justice will be served by ~he granting of the relief requested; that no adverse effect is produced on available governmental facilities of any increased population; and that no substantial change will be produced in the character of the neighborhood. On motion by Mr. Goehringer, seconded by Mr. Doyen, it was RESOLVED, that Curtis and Nancy Norklun, 700 King Street, Orient, NY be granted a variance to the zoning ordinance, Article III, Sections 100-30 and 100-32 permitting applicants to convert the easterly two-story section of the subject barn for sleeping quarters as applied for, SUBJECT TO THE FOLLOWING CONDITIONS: (1) That the use of the area to be converted herein shall be only for their parents; and in the event same is no longer used by their parents that the barn will revert back to its present use as an accessory storage building. However, if ap- plicant wishes to continue using part the barn for sleeping quarters for persons other than their parents, applicants must re-apply to this Board by formal application for recon- sideration. (2) That not more than one bathroom is permitted to be installed in the subject barn. (3) That no kitchen facilities (including temporary and permanent cooking and plumbing) will be permitted. (4) That the proposed converted barn may never be rented or leased. (5) That the Building Inspector make annual inspections each year without prior notice. (6) That applicants must apply each year for renewal of the permission granted herein, not later ember 15th of each year. annual than Sept- Location of property: 700 King Street, Orient, NY; bounded north by King Street, west by Bogden, south by Willow Terrace Farms, Inc. and Brenner, east by Brenner. County Tax Map Item No. 1000-26-2-37. Vote of the Board: Ayes: Messrs. Dc Sawicki. Abstained were: Messrs. Grigoni ... APPROVED Chairmar~ Board of'Appeal, (Chairman Pro Tem) ~r~i~,., Goehrinoer and -1 ss. __ Tow__n CIer]<, Town o,~ South. old TO~ OF $OUTHOLD, ~EW YORK DA~E 1.0./.23/.8.0.. ACTION OF THE ZO~G BOAI~D OF APPEALS Appeal No. 2726 ApplicationDated July 28, 1980 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Mr. and Mrs. Curtis A. Norklun 700 King Street Orient, NY 11957 . Appellant at a meeting of the Zoning Board of Appeals on was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance ~(X) Request for a variance to the Zoning Ordinance Art . I I I, ( ) October 16, 1980, Sections the appeal 100-30 and 100-32 graded ( ) ~ de~ed pursuant to ~tiele .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance and the decision of the Building I~peetor ( ) be reversed ( ) be Public Hearing held 9/25/80: Application of Curtis eo~r~d b~ausg · ana Nancy mork]un, 700 King Street, Orient, NY ]]957, for a Variance to the Zoning Ordinance, Article III, Sections ]00-30 and ]00-32 for permission to convert part of existing barn for 9nest house/residential use. Location of property: 700 King Street, Orient, NY; bounded north by King Street, west by Bogden, south by Willow Terrace Farms, Inc. and Brenner, east by Brenner; County Tax Map Item No. 1000- 26-2-37. (SEE REVERSE SIDE) 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordh~ance (would) (would not) produce practical difficulties hardship because (SEE REVERSE SIDE) (b) The hardship created (is) (/s not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because (SEE REVERSE SIDE) (e) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (SEE REVERSE SIDE) (would not) and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be corffh'med ( ) be reversed. FORM ZB4 ZONING BOARD OF APPEALS October 19, 1987 Southold Town Planning Board Town Hall Main Road Southold, N.Y. 11971 Att: Valerie Scopaz, Town Planner Re: Proposed Set-Off for Pizzarelli Peconic, New York Dear Ms. Scopaz: On behalf of Peter and Marie Louise Pizzarelli, we respectfully request that you take a few minutes to look over the enclosed map and our sketched-in proposal for a set-off of part of their property (Lot #3 shown thereon). A review of your existing file on the 1973 division of this property will disclose covenants and restrictions (unrecorded) relating to the further division of Lot #3. If you a~e agreeable, we would very much with ou. Please advise. Enc. ~.'Mr. ) H. Bruer and Mrs. Peter Pizzarelli like to discuss this matter April 18, Rudolph Bruer, Esq. Main Road New York 11971 1973 Re: Proposed minor subdivision .... Andrew Hahn, Peconic, N.Y. Dear Mr. Bru6r~ ~ At its regular'meeting April 16, 1973, the Planning · -Board granted approval to the prpposed minor subdivision for Andrew Hahn showing three lots - lot #1 with 43,560 ~square feet, lot %2 with 43,164 square feet and, lot %3 ,. . . with 2.979 acres. The Board'wiI1 require a legal · instrument in recordable' form that. lot %3 will not be ..~.further subdivided. After submission of the final map and required covenants and restrictions on lot ~3, the Chairman is empowered to ~ign'the map. .- ' - v ry sinc rel ; John Wtckh~lal, Chairman $oathold ?own Planning Board ?[HEREAS, the un~orsic~ns, Andrew Hahn, a/k/a Andrew Hahn, ii '~nc] Do¥oth~ L. Xnhn, a ~k/a Dorothy Acker Hahn, his wife, are ::h~ ~'..;n~u':: ~ n certain ~icce of property known and designated as ALL that certain plot, piece or parcel of land, situate, lying and being at Indian Neck near Peconic, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the southerly side of Indian Neck Road at the southwest corner of land of C. P. Tuthill; running thence from said point of beginning and along lands of said C. P. Tuthill the following courses and distances: 1) South 22 degrees 11 minutes 20 seconds 2) South 21 degrees 27 minutes 20 seconds to the northerly side of Peconic Bay; East 743.91 feet; East 735.00 feet running thence along the ordinary high water mark of said Peconic Bay South 49 degrees 09 minutes 20 seconds West 174.00 feet to land of E. W. Wood, Jr.; running thence the following courses and distances along said land of E. W. Wood, Jr.: 1) North 20 degrees 2) North 19 degrees 3) North 20 degrees 4) North 20 degrees 5) North 20 degrees 6) North 20 degrees 7) North 20 degrees the southerly side of 07 minutes 50 seconds West 400.00 feet; 49 minutes 50 seconds West 255.12 feet; 05 minutes 00 seconds West 221.25 feet; 23 minutes 40 seconds West 97.17 feet; 26 minutes 50 seconds West 110.27 feet; 29 minutes 40 seconds West 189.88 feet; 10 minutes 10 seconds West 269.41 feet to Indian Neck Road; running thence along the southerly side of Indian Neck Road North 71 ~egrees 26 minutes 00 seconds East 119.92 feet to the point or place of BEGINNING. AND whereas the undersigns desire to subdivide this property into three lots according to a certain survey mapped April 20, 1972 by Roderick Van Tuyl, known as Minor Subdivision for Andrew Hahn which map showing said lots is attached hereto; AND whereas the undersigns are desirous division of the property and in particular Lot No. 2.979 acres; to limit further 3 containing NOW, THEREFORE, THIS DECLARATION WITNESSETH: THAT the said undersigns, Andrew Hahn and Dorothy A. Hahn, for the benefit of themselves, their successors and assigns and the Town of Southold, in consideration of the premises and for the purpose of carrying out the above expressed, do hereby make.known, admit, publish, covenant and agree that the said premises hereinbefore set forth as Lot No. 3 shall be subject to the following covenant running with the land and binding upon .all purchasers, mortgagors, and holders of said premises their ~ heirs, executors, administrators, successors and assigns: THAT the said Lot No. 3 will not be further subdivided. This covenant ~1 run with the land. Andrew Hahn Dorothy ~ker Hahn TOqTqlLL BUNGALOW PROPERTY, INC. % Arthur F. Tuthill 947 Williston Rd. Williston, Vt. 05495 To: Board of Appeals, Town of Southold, NY From: Tuthill Bungalow Property Subject: Petition of Peter and Marie Pizzarelli We are in receipt of a copy of the Pizzarelli petition asking for a variance in order to install cooking facilities in their guest cottage located adjacent to their residence. As an adjacent property owner, we have no reason to object to the granting of this variance. We do not see that it will adversely affect our property. We urge the favorable acceptance of this request. For the directors, I remain Sincerely yours, Arthur F. Tuthill, Sec. WILLIAM VAN TRELTREH ~ Rocldcdg¢ Road Montvill¢, N.J. 070~5 OCT 2 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P,O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 October 22, 1991 Mr. and Mrs. P.O. Box 214 Peconic, NY Peter D. Pizzarelli 11958 Re: Application for Variance to Convert Accessory Building to Dwelling Use (rather than Permitted Sleeping Quarters Use) Dear Mr. and Mrs. Pizzarelli: This letter will acknowledge receipt of your recent application filed with our office. As requested by you, we will contact you for a mutually convenient date for Board Member field inspections. It is our understanding that there have been no changes to the subject accessory building since the board's last reviews in 1982, although there have been other additions to both the main house and the accessory garage (which is now a three-car garage). As part of the application process, it would be appreciated if you would provide us with a couple of photographs of the accessory (sleeping quarters) building and the setbacks to th~westerly side property line. This application is expected to be heard during the Board's November hearings calendar (which has not as yet been confirmed by the Board). A copy of the Legal Notice as published by our office in the Suffolk Times and L.I. Traveler-Watchman, Inc. will be forwarded to you at least 10 days before the hearing date to confirm the exact time and date of the hearing. Please feel free to call our office at any time if you have questions concerning the processing of your application. Yours very truly, Linda Kowalski APPEALS ROARD ME~RFRS CERARD p. GOEHRINGER. CHAIRMAN CHARLES CRIDONIS JR SERGE DOYEN. JR ROBERT J. DOUGLASS JOSEPH H. SAWlCKI TO: DATE: SUBJECT: $ uthold Town £oard of Appeals MAIN RE)AD- STATE RE)AD 25 SE}UTHE)LD. Ltl., N.Y. 11971 TELEPHONE (516) 765-1809 Victor Lessard, Executive Administrator Southold Town Building Department August 31, 1982 Appeal No. 2986 - Peter D. Pizzarelli Decision Rendered July 29, 1982 Pursuant to your request of August 27, 1982, please consider this letter a clarification of the board's decision rendered in the above-entitled matter on July 29, 1982. The board's decision as rendered and filed with the Town Clerk is not and should not be interpreted as a subdivision of land. The variance requested was not for an "area" variance, but rather for a "use" variance for permis- sion to utilize the accessory building for accessory sleeping accommoda- tions and storage (accessory to the main dwelling), and without a kitchen. After hearing all testimony and comments at the public hearing and after discussing this matter during deliberations, it was agreed that the appli- cation should be granted with the condition that this structure remain accessory to the main dwelling, and that if in the future applications are granted to subdivide this property (by the Planning Board and other departments and agencies as required by law), that a minimum of 40,000 square feet shall apply. The 40,000 square-foot area delineated by the applicant on tha map amended 8/12/82 and submitted for our file 8/20/82 should be considered "imaginery" at the present time. The use granted for this structure is for sleeping quarters (not as a dwelling unit) and is accessory to the main dwelling on this entire 2.979-acre parcel. Also, this structure should not be treated as a principal dwelling; however, it is the opinion of this board that the electrical, sewage and water systems be approved by the local agencies for the use granted in the variance appeal. We hope that this letter has been of assistance to you. Yours very truly, GERARD p. GOEHRINGER CHAIRMAN Copies of legal notice for the November 21, 1991 hearings were sent or delivered to the following 11/6/91:,.c>~ L.I. Traveler-Watchman, Inc. Times-Review Mr. John Bertani, Builder (Re: 1380 Oakwood Drive S0uthold, NY 11971 ~/Mr. and Mrs. Peter Pizzaretli 5710 Indian Neck Lane Peconic, NY 11958 Ahmuty Appeal) Richard T. Haefeli, Esq. (Re: 184 Main Street P.O. Box 1112 Westhampton Beach, NY 11978 Cliffside Associates) Mr. Garrett A. Strang, R.A. P.O. Box 1412 Southold, NY 11971 (by hand) (Re: Goodale) Peter R. Mineo, Esq. (Re: McDonald's) D'Amato, Forchelli, Libert, Schwartz, Mineo & Joseph F. Carlino 120 Mineola Boulevard, Box 31 Mineola, NY 11501 MAIN ~OAO- STATE IROAO 25 E~OUTHOL[~. L.I,. N.Y. 11971 ACTION OF THE ZONING BOARD OF APPEALS TELEPHONE (516) 765-1809 Appeal No. 2986 Application Dated May 6, 1982 TO: Rudolph H. Bruer, Esq. as attorney for PETER D. PIZZARELLI Main Road Southold, NY 11971 [Appellant (s) ] At a Meeting of the Zoning Board of Appeals held on July 29, 1982 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 under the Z~hing Ordinanc£ ~" ~ ' "i''] Request for The public hearing~on this Article , Section Request for Variance to the Zoning Ordinance Article III , Sections 100-30(A) and (C) matter was held on July 29, 1982. Upon application of PETER D. PIZZARELLI, ~y Edson and Bruer, Esqs., Main Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Sections 100-30(A) and (C) for permission to construct an addition to an existing accessory building converting same into a two-bedroom cottage for family and guest use in an "A" Zone" (in addition to the main dwelling.) Location of Property: 5710 Indian Neck Lane, Peconic, NY; bounded north by Bolson; west by Wood; south by Hog Neck Bay; east by Tuthill; more particularly known as County Tax Map Parcel No. 1000-98- 5-14.3. The board made the following findings and determination: By this appeal, appellant seeks permission to convert an existing accessory building into a two-bedroom cottage for family and guest use without cooking facilities and which shall be used principally by the appellant's parents(-in-law), Mr. and Mrs. Joseph Gioscia. A statement has been submitted for the record from Dr. Herbert S. Arm stating that Mrs. Anna Gioscia is suffering from severe diffuse, crippling arthrits... Mr. Gioscia has a heart condition with angina and diabetes melletus and is handicapped because of this...It is advisable that Mr. and Mrs. Gioscia live near their daughter, Mrs. Peter Pizzarelli .... !' The premises in question contains an area of 2.979 acres and is known as Lot No. 3 of "Minor Subdivision for Peter and Marie Louise Pizzarelli at Peconic." Existing on the premises at the southerly end are a private one-family dwelling house, accessory garage structure and two small shed structures in the frontya~d area, and the subject accessory building in the westerly sideyard area. Access to the premises in question is from a 30' right-of-way extending southerly from Indian Neck Road approximately 743.91 feet. Appellant has indicated no objection to conditions as imposed by the board, such as, no rental of the accessory building may be permitted; et cetera. It is the feeling of the board that the relief as requested is minimal and the amount of land area available is adequate. However, it is the opinion of this board that 40,000 square feet in land area should be applied to this accessory structure for this proposed use, and of course the remaining area to be applied to the main dwelling. In considering this appeal, the board determines that the variance request is not substantial; that the circumstances herein are unique; that the relief if granted will not change the character of the neighbor- hood; that if the relief is granted no adverse effects will be produced (CONTINUED ON PAGE TWO) DATED: August 17, 1982. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS ~rm ZB4 (rev. 12/81) Page 2 - Appeal No. 2986 Matter of Peter D. Pizzarelli Decision Rendered July 29, 1982 on available governmental facilities of any increased population; and that the interests of justice will be served by allowing the variance subject to the condition specified below. On motion by Mr. Grigonis, seconded ~y Mr. Sawicki, it was RESOLVED, that Appeal No. 2986, application for PETER D. PIZZARELLI for permission to convert accessory building for use as a two-bedroom cottage for family and guest use, be and hereby IS APPROVED SUBJECT TO THE FOLLOWING CONDITION: A line shall be drawn e~ually distant between both structures, (the main house and the subject accessory building) to comprise a minimum of 40,000 square feet for the guest cottage. Location of Property: 5710 Indian Neck Lane, Peconic, NY; County Tax Map Parcel No. 1000-98-5-14.3. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. APPRO! " Board o~ Ap~eal$ RECEIVED AND FILED BY Town Clerk, Town of 5~thoJa I t Ii Ill t I I Fl iI I t 'i ..t L NOTICE OF HEARINGS . .NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Codc of the Town of Southoid, the foUowing matters will be held for public hearings before the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, 53095 Main Road, Southold, I NY 11971, on THURSDAY, NO- VEMBER 21, 1991, commencing at thc times spacificd below: (1) 7:20 p.m. AppI. No, 4064 MR. AND MRS. WI{.I.IAM R. AH- MUTY IH. Variance to thc Zoning Ordinance, Article XXIH, Section 100-239.4B for permission to con- street add[tlc~ at thc rear of eatisting principal building with a reduced set- back from thc existing bulkhead (and increase of the degree or sqHGfe ~ootage of nonconformance although maintaining thc same nonconformi- ties at thc side yards). Zone District: R-40 Low-Density Residential. Loca- tion of Property: 3405 Bayshorc Road, Grecnpon, NY; County Tax Map Dis~ 10~0, Scctinn 53, Block 6, LOt 10. (2) 7:25 p.m. Appl. No. 4063. PETER AND MARIE PIZZ. ARELLI. Variance to the Zoning Ordinance, Ai~iclc I~, Section 100-3IA(I) for permission to change use of an i~tin8 accessory building from stricdy sleeping quarters use to single-family dwcBing usc and occupancy with co~king/kitchcn facilities. Thc subject premises is located in thc R-80 Rcal- dcntiaI Zone District and contains a ..,total area of 2.979 acres, as shown t~e Minor Subdivision Map bcfore the Town Planning Board dated August 12, 1982 (Lot #3). Location of Property: Private right-of-way e~tcnding fr~n the south side of Indi- an Neck Road, Pccc~ic, NY; County Tax Map par~ct No. 98-5-14.3. (3) 7:35 p.m. AppI. No. 4039 -- CLIFFSIDE ASSOCIATES. Appeal for an Interpretation under the Deft- nltion Section of thc Zoning Code, Article l, Section 100-13 as noticed to the adjoining property owners, as per- tains to dwelling and/or motel uses, and the installation of cooking facill- tics (kitchcncttes). Location of Prop- erty: 61475 County Road 48, Green- pon, NY; County Tax Map Panel Il3 1000-045-01-001 & 002 (2.1), con- --.~ming approxbdate~y 7.5 acres. Zone Dist~ct: Resort Residential (PR). Thc subjcct premises was thc suhjcc~ of a conditional approval under AppL No. 3542 in which a Special E:tceptinn was requested for mmcl units (with- out maps or plans for individual kitchenettes or dwelling uses). (4) 7:50 p.m. AppL No. 40(~6SE -- ' WILLIAM C. GOODALE. Special Exccpdon to thc Zoning Ordinance, Article X, Section 100-10lB(12) for pcrmisalon to establish ncw usc for outside, Mi-premises motor vehiclc 1000-122-0~-30,1 (or 30). (5) 8:00 p.m. AppL No. 3970 -- (Owner: Cofam Realty Co.) for a this Gcnctal Business (B) Zone Dis-j Main Road (State Route 25). Matti- STATE OF NEW YORK) COUNTY OF SUFFOLK) ~".'/~-~ /""~ of MatUtuek~ In said County, being duly sworn~ nays that he/sba is Principal Clerk of THE SUFFOLK TIMES, e Weekly Newspaper, published at Mattltuck, in the Town of SeuthokL County of Suffolk and State of New Yorl~ and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once eaoh week for ..~_~ weeks successively, commencing on tho/~ day of ./ Sworn to before me this AUCE C, Ma~NA~ N~W PuM~, State ~ N~ York No. ~7930s Qunt~ ~mmi~n !F/'SOTICE oP HEARINOS i y ~J~/OTICE IS HE.BY OlV- EN, pu~u~t to So.ion 267 of the Town ~w and the Code of the Town of Southold, the following matters will be held for public bea6ngs befo~ the SOUTHOLD ~WN BOARD OF APPEALS at th~ Southold Town Hall, 53~5 MMn Road, Southold, NY 11971, on THURSDAY, NOVEMBER 21, 1~1, commencing at the tim~ s~cified below: (1) 7:20 p.m. AppI. No. ~ MR. ~D M~. WILLI~ R. AHMUTY III. V~i~ce to the Zoning Ordinance, Article XXIII, ~ction 1~-239.4B for ~ion ~ ~n~ ad~fion at the m~ of ~sting.prin~p~ building with a ~uc~ s~back from the ~sfi~ bulkh~d (~d' ~though m~nt~ning the sine nonconformities at the side ~s). ~ne Distfi~: R~ ~w- Density ~id~fi~. ~fion of Property: 3~5 Baysho~ Road, G~nport, ~; County ~ Map Distfi~ 1~, Section 53, Block 6, ~t 10. (2) 7:25 p.m. Appl. No ~3- PE~R AND M~IE Pt~ ZA~LLI. V~ to tbe ~n- lng Ordinaoc~ Article IIL Sec- tion 1~31A(1) for ~ission to change nsc of an ~sting ac- casso~ buildi~ from st~ly sleeping queers u~ to sin~e- f~ily dwel~ng nsc ~d ~- cupan~ with c~king/kitchen facilities. The subject p~mises is I~ted in the R-80 ~siden- ti~ ~ne District and con,ns a ~ ~ of 2.979 a~s, m sh~ on the Minor Su~i~son Map ~fo~ the Town Planning BoaM dated ~gust 12, 1982 (~t N~ 3). ~tion of ~o~r- ty: Private right-of-way ~tend- lng from the south side of In- dian Neck Road, P<oal~ NY; County ~ Map ~cel No. 98-5-14.3. 7:35 p.m. AppL No. ~39-~ AN~NIO VANGI. Vmi~ CLIFFSIDE ASSOCIATES. Appeal for an lnterp~tation under the Definition ~ction of the ~ning C~ AHicle 1~ ~- tion I~13 m noticed to the ad- joining pro~y ownen, m ~r- t~ns to dwelling and/or motel uses, and the installations of cooking facilities (kitchenettes). ~cation of Pro~y: 61475 County Road 48, Gr~npoR, NY; County ~ Map ~el ID 1~-~5~1~1 & ~2 (2.1), containing approximately 7.5 acres. Zone ~l~ict: Resort Residential (Rl~l'he subject premises was the subject of a conditional approval under Appl. No. 3542 in which a Special Exception was requested for motel units (without maps or plans for individual kitchenettes or dwelling uses). (4) 7:50 p.m. Appl. No. 4066SE- WILLIAM C. GOODALE. Special Exception to the Zoning Ordinance, Arti- cle X, Section 100-101Bt12) for ' permission to establish new use for outside, on-premises motor vehicle sales and leasing, and related bnsinesg Office. in con- junction with pre-existing non- conforming residential use. The subject premises is loc. ami in the "B" General Business Zone District and a Pre-Certificate of Occupancy indicates that the premises has been improved and occupied with two principal buildings, each with one single- family dwelling use. This parcel contains a lot area of 36,155 sq. ft. and lot width of 120 feet. Location of Property: 7655 Main Road, Laurel, NY; Coun- ty Tax Map No. 1000-122-06- 30.1 (or 30). 8:00 p.m. Appl. No. 3970- McDONALD'S CORPORA- TION. (Owner: Cofam Realty Co.) for a Special Exception to the Zoning Ordinance, to establish fast-food restaurant with drive-through (or drive-up) window subject to the re- qui~ments of Arllcle X, Section 100-10lB and subject to site plan approval by the Town Planning Board. Subject lot, as exists, is conforming as to lot size in this General Business (B) Zone District. Location of Site: South side of Main Road (State Route 25), Mattituck, NY; County Tax Map District 1000, Section 122, Block 07, Lot 3.1. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above matters. Written comments may also be submitted prior to the conclusion of the subject hear- ing. Each hearing will not start before the times designated. For more information, please call 765-1809. Dated: October 31, 1991. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER ~ .. CHAIRMAN , ;~,:-c ~BY: Linda Kowalski ,..,.. rt~, .1X-11/14/91(7) COUNTY OF SUFF S;'I'A'I'I:. OF NEW YORK SS: 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, h/~s heen .puh shed in said I.r)ng Island Traveler-Watchman once each week for / weeks isuccessively, commencing on tile 99-1 clay o' ~;worn Io before nrc this .. ........... d( ....... clay of i~ovember 9-1 Notary Public BARBARA A. SCHNEIDER I'IOTARY PUBLIC, St~le ol Now York No. 4806846 Qualified in Sullolk Cot~nty/ Commission Expires 73~p;Z Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Do3~en, James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOA~ OF APPEALS TOWN OF SOU~OLD SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your recent application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the time allotted in the attached Legal Notice. Additional time will, of course, be available. A drafted or final written copy of your presentation, if lengthy, is always appreciated. Please feel free to call our office prior to the hearing date if you have any questions or wish to update your file. Yours very truly, Enclosure GERARD p. GOEHRINOER CHAIRMAN By Linda Kowalski~ APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa BOARD OFAPPEALS Telephone (516) 765-1809 TOWN OF SOUTHOLD SE~RA UNLISTED ACTION DECLARATION Appeal No. 4063 Project Name: County Tax Map No. 1000-98-5-3 Location of Project: 5710 Indian SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 October 24, Peter and Marie Pizzarelli Neck Lane, Peconic 1991 Relief Requested/Jurisdiction Before This Board in this Project: Cooking facilities in guest cottage. This Notice is issued pursuant to Part 617 of the implementing regulations p~rtaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law ~44-4 of the Town of Southold.' An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should be project be implemented as planned, and: { } this Board wishes to assume Lead Agency status and urges coordinated written co~ents by your agency to be submitted with the next 20 days. { X} this Board has taken jurisdiction as Lead Agency, has deemed this Board of Appeals application to be an Unlisted SEQRA Action, and has declared a Negative Declaration for the following reasons: a. An Environmental Assessment has been submitted and evaluated, and/or b. An inspection of the property has been made, or c. Sufficient information has been furnished in the record to evaluate any possible adverse affect of this project as filed, and/or d. This application does not directly relate to new construction or on-site improvements. { } this Board refers lead agency status to your agency'since the- Board of Appeals does not feel its scope of jurisdiction is as broad as the Planning Board concerning site changes and elements under the site plan reviews.' The area of jurisdiction by the Board of Appeals is not directly related to site improvements or new buildings. (However, if you do not wish to assume lead agency status within 15 days of this letter, we will assume . you have waived same, and we will be required to proceed as Lead Agency.) For further information, please contact the Office 9f the Board Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. tr of JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: SOUTHOLD TOWN ZONING BOARD OF APPEALS FROM: JUDITH T. TERRY, SOUTHOLD TOWN CLERK DATED: OCTOBER 9, 1991 RE: ZONING APPEAL NO. 4063 - PETER AND MARIE PIZZARELLI Transmitted herewith is Zoning Appeal No. 4063 of Peter and Marie Pizzarelli's application for a variance. Also included is: Notice to Adjacent Property Owners; Notice of Disapproval, dated 8/6/91; Certificate of Occupancy, No. Al1227, dated October 1, 1982; Short Environmental Assessment Form; ZBA Questionnaire; survey and plans. [~kOJECr'~.O. NUMBER 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM SEQR 5. IS PROPOSE~ ACTION: 6. OESCRIBE PROJECT BRIEFLY: AMOUNT OF LAND AFFECTED; ~ Initially ~ acres Ultimately ~ acres Industrial ?[~ Commercial ~E A PERMIT APPROVAL. O~ ULTIMATELY PROM AN~OTHER GOVERNMENTAL A~Gy IFEDERAt~ tO. STATE OR LOCAI.)?~ ' ' [] Yen L~'No It yes. llst agency(s) and permiuapproval$ O ES ANy A$~..~C;r~N HAVI~A CURRENTLY VALIO PERMIT OR APPROVAL'~ · I I · D~yeE~ '~ ~'~o It yea, list agency name and permit/approval t2. AS RESULT G~'~ROPOSED ACTION WILL EXISTING R~I~Y ~eS ~No PERMIT/APPROVAL REQUIRE MODIFICATJON"~ I CERTIFy THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE ' ' ' ~u a~ency cam I ~ 2a'al Assessment Furm betaro proceeding With this a~,;essm~;;e OVER 1 For UNLISTED ACTIONS Only PART I~PROJECT INFORMATION (To be coml31eted by Ao01icant or Project sI3onsor) t. APPUCANr t SPOa$O~ / ~ , ,.J ~~j, 2. PROJECT NAME. Cou.~ The N.Y.S. Environmental Quality Review AC~arequires submission be~ome any action is taken. (b) If any question has been answered Yes th~ project may be sig- (C) I~ all questions have been anSWered NO it is likely that the projec= is no=significan=. (d) E~nvironmental Assessment ____Yes 8. Will project have a major effect on visual char- envlrcnmen=al area by a local agency? 10. Will project have a m~jor effect on existinq or 11. Will project result in major traffic problems or ___Yes 12. Will project rugularly cause objectionable odors, 13. Will project have any impac: on public health QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet may be attached.) B. Is the subject premises listed on the real estate market for ~ ~1~ or being shown to prospective buyers? { } Yes No. (If Yes, plaas~ a~ u~py af "oondi~s" of sa~e.) C. Are there,~x~roposals tD change~r alter land contours? { } Yes {~No 1. Are there any areas which contain wetland grasses? A/O 2. Are the wetland areas shown on the map submitted with this application? 3. Is the property bulkheaded between the wetlands area and the upland building area? --~ 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? /VD (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fenuas which e~i~t ~d are not ~hown on the survey map that you ara submitting? A~DA/k- If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? ~ If yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state. H. Do you or any co-owner also own other land close to this parcel? /JD If yes, please explain where or submit copies of deeds. I. Please list present use or operations conducted at this parcel ~_ and proposed use /7~~~ ~ Authorized ~nature and e /~/~/~/ 3/87, 10/901k § 97-13 WETLANDS § 97-13 TOWN -- The Town of Southold. TRUSTEES -- The Board of Trustees of the Town of Southold. [Added 6-5-84 by L.L. No. 6-1984] WETLA_NDS [Amended 8-26-76 by L.L. No. 2-1976; 3-26- 85 b~, l. 7. No. 6-198~5]: ~DAL WETLANDS: (1) All lands generally covered or intermittently cov- ered with, or which border on, tidal waters, or lands lying beneath tidal waters, which at mean low tide are covered by tidal waters to a maximum depth of five (5) feet. including but not limited to banks, bogs. salt marsh, swamps, meadows, flats or other low lying lands subject to tidal action; (2) Al1 banks, bogs, meadows, flats and tidal marsh subject to such tides and upon which grows or may grow some or any of the following:, salt hay, black grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, groundseL m~rshrn~llow and Iow (3) All Is. nd immediately ~djacent to a tidal wetland as defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. Bo FRESHWATER WETLANDS: (1) "Freshwater wetlands" as defined in Article 24. Ti- tie 1, § 24-0107, Subdivisions l(a) to l(d) inclusive, of the Environmental Conservation Law of the State of New York: and (2) All land immediately adjacent to a "freshwater wet- land," as defined in Subsection B(1) and lying with- in seventy-five (75) feet landward of the most land- ward edge of a "freshwater wetland." 9705 s- =~. ss A-C R-80 R-80 / /'j R-80 R-80 R-80 A-C 5 LITTLE BAY PEGONIC Agricultural Conservation Resident/al Low Density AA FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. Certificate Of Occupancy No..Eft. q..2.~.7. ......... Date ...... 9.c.~.qb..er..1 ................. 198..2. THIS CERTIFIES that the building ................................................ Location of Property ..SY.l.O. Indian Neck Road ?etonic 14ouse No. ' ..................... '~ebi ....................... h/~rht'e~ County Tax Map No. 1000 Section .Q9~3 ........ Block . .0.~ ........... Lot . .9 .~ .4...Q0..3 ....... Minor Subdivision... ~la.d.~/. ~.~lgr~ ............... Filed Map No. 8.7 ...... Lot No...3. .......... conforms substantially to the Application for Building Permit heretofore filed in this office dated · ~?.~-..2.9. ........... 19.8. 2. pursuant to which Building Permit No. ! .19.3.3...Z..*. .......... dated .. ~.e.l~ t~ ? rn.b.~ r.. ?~. ...........19.8. 2., was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ......... ...... ~.c.c.a ~ ~ o.r.y.. ~ J..e.~ p j.~.g. ~19.a.~.~. ~ r.s..~..J..~.h..~..a.~.h.,...rig..k.~..~.c.h.e.n.: .............. The certificate is issued to ... l>.e.~.e ~. ;D.... &. I~a~. ~-~..h,. ?.±.:~ ~ ~.r.e.],l. $ .................... (owner,.le~ee. er.tena~tJ- of the aforesaid building. Suffolk County Department of Health Approval .. 9. ./.7/.8. 2. ~..E.q b. 9 ?.g.. ~ ....V. 5:. 1..1.a ............. UNDERWRITERS CERTIFICATE NO .......... ~. ~.~.8. ~. 9 .6 ............................... *Zoning Board of Appeals, appeal ~ 2986, decision rendered 7/29/82 Building Inspector Rev. 1/81 § I00-31 SOUTHOLD CODE § 100-31. Use regulations. [Amended 3-1 ~.~'. In A-C, R-80, R-120, R-200 and R409 premises shall be used and no building or part erected or altered which is arranged, intend(~l,. in whole or in part, for any uses except the A. Permitted uses. (1) One-family detached dwellin~ dwelling on each lot. (2) [Amended 5-23-89 by L.L. No..~-l- agricultural operations and including irrigation, provided storage of manure, fertilizer or · producing substance or use, except . to protect vegetation, within one ht:: .: of any lot line: (a) The raising of field and garo~: orchard farming, the the seasonal sale of product~ subject to the following specH~: [1] All buildings for display agricultural and nursery p~ premises shall not exceed ~ square feet in floor area ~' height. Display of produc~ al stand shall be not less than street and lot lines. Any ~ excess of fifty (50) square f~ ty (20) feet f~ b tb kt Any stand in existence at this chapter must, within with all of the provisions ~ [2]All signs shall conform to ~ § I00-31C(9). [3] Off-street parking as requited Schedu]e~ shall be pro~qded approved by the Planning Boant 10038 = ppeal qrth iF :,rovai b~ lamily 't.h lot. ~,s Of w( .ring re :"h~ bui hah fi Thc tot FORM NO. 4 TOWN OF 5OUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. Certificate Of Occupancy N0. -Z.! ] .~.2-?. ......... Date October 1 1982 THIS CERTIFIES that the building ................................................ Location of Property ..5.7.1. Q. Indian Neck Road Peconic House No. ' ' ' ........................... Street Hamlet County Tax Map No. 1000 Section .Q9.8 ........ Block . .0.~ ........... Lot 014. 003 Minor ................. Subdivision.. gia.d~.~ .w. ~.~t~a ........ Filed Map No. 8.'( ...... Lot No...3. .......... conforms substantially to the Application for Building Permit heretofore fried in this office dated · .A.p.p.~..1..2.9. .........., 19.8..2pursuant to which Building Permit No. 11933 Z * dated ...S.e. p1~ ~[n.b.e.r.. ~.4 ............ 19.8.2., was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ......... ...... ~t.c.c.~pjiy. ~e.~p~.g.qgarter.s' with bath, no kitchen The certificate is issued to . .. ['.e.~.~,. D....&. i~%~..Ia, ~iz~are%li {owner ,-le~ae. er-tenar+t~- of the aforesaid building. Suffolk County Department of Health Approval 9./.7/82~ Robert A Villa UNDERWRITERS CERTIFICATE NO.. N ~ 28496 · Zoning Board of Appeals, appeal # 2986, decision rendered 7/29/82 Building Inspector Rev. 1/81 OCCUPANCY OR .1' BUILDING ~ AM TO 4 PMiFOR THE INSPECTIONS:: DATION ~ TWO REQUIRED CONCRETE H - FRAMING & PLUMBING .MUST FOR C. O.~ I SHALL MEET OF THE N. Y & ~NERGY NOT RES~NSlBL~ ~RROR~ .. [ Southold Town Board of Appeals -8- July 29, 1982 Regular Mtg. (Appeal No. 3009 - Warren E. and Ellen Hufe, continued:) MR. CHAIRMAN continued: re tions, MR. UER: MR. MR. BRUER: such as no further additions? Onto the buildinq? Yes. think so. MR. CHAIRMAN: that's existing now. than that rehabilitatl of that rear part MR. BRUER: Yeah. I things like that. I would back to you for whatever future to be a legitimate .ink he's goir "Yes clean up the shed and ect to allowing us to come and consider it in the know, and hearing this." MR. CHAIRMAN: Thank you. anybody else like to be heard on this application? like ~peak against the application? Any questions from any memb~ Hearing no questions, I'll make a motion the hearing reserving decision. MEMBER GRIGONI~ Second. On motion Goehringer, seconded by M~Grigonis, it was RESOL~, to close the hearing and reserve ded~sion in the matter WARREN ~AND ELLEN HUFE, Appeal No. 3009. ~ote of the Board: Ayes: Messrs. Goehringer, Doy~, Grigonis, .~glass~ and Sawicki. This resolution was unanimously ~opted. PUBLIC HEARING: Appeal No. 2986. Application of PETER D. PIZZAR- ELLI, by Edson and Bruer, Esqs., Main Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Sections 100-30(~) (C) for permis- sion to construct an addition to an existing accessory building, converting same into a two-bedroom cottage for family and guest use in an "A" Zone, in addition to the main dwelling. Location of Property: 5710 Indian Neck Lane, Peconic, NY; bounded north by Bolson; west by Wood; south by Hog Neck Bay; east by Tuthill; more particularly known as County Tax Map Parcel No. 1000-98-5-14.3. The Chairman opened the hearing at 8:05 p.m. and read the legal notice of hearing in its entirety and appeal application. MR. CHAIRMAN: When we did go down there last week, we did see that there were cooking facilities in the structure. RUDOLPH H. BRUER, ESQ.: What do you define a cooking facility? Southold Town Board of Appeals 9 - July 29, 1982 Regular Meetin (Appeal No. ~986 - Peter D. Pizzarelli, continued:) MR. CHAIRMAN: A kitchen. MR. BRUER: Well there is a refrigerator. There is a sink and things like that, but there are no hot burners and things like that. MR. CHAIRMAN: Ok. MR. BRUER: And that's what we meant. MR. CHAIRMAN: Fine. Thank you. MR. BRUER: I think it was Howard Terry's old definition of what a cooking facility was. I think that's changed. This is one application in all my years coming before this board where I think there is really a true hardship, particularly with the individuals involved here. We have here a situation where children are taking care of their elderly parents, who do have medical problems. I believe in your file there is a letter from Doctor Arm, wherein he states that it is his opinion, it is advisable that the Gioscias, who are here and I believe who you met on two occasions, need to be in close proximity to their children. The existing house there can only handle six people of the immediate family, Mrs. Pizzarelti, in other words themselves and their four children. You have here a situation where had this been an attached'garage, and they probably could have gotten a building permit, would have gotten the building permit to add additional rooms on for these people as long as there wasn't a kitchen facility, et cetera. I think we have here a situation where if this petition is denied, they will not be able to live on the premises; they will not be able to be properly cared for; they would have to go otherwhere, other places that would entail a great deal of expense...personal expense. The nursing home charges something like $58 a day. That's a substantial amount of money over the course of a year. It's not the same pleasant situation as where it is now. I'd like to point out that as~ the application stated the property is approxi- mately three acres. It's conceivable that a subdivision could be applied for, for the relief. They don't want to do that. Thsy just want to be able to have the use of this building for their parents for their own personal use...promise that it would never be used for rental purposes, et cetera. The meals that are taken by the people have been and are now taken in the main house. At one time they did have a facility there to be able to have coffee in the morning...we'll admit to that. But how- ever the main purpose is to be near. I believe if you looked at possibly old pictures of the premises, it was an old, delapidated building. I think from your photographs in your file, you notice that it has been nicely done up and particularly suited for the purposes being requested for here. Again the property is large and I would like to point out that there is a precedent by this board to grant such an application in a situation where you have a large part of land...back in October 1981, your Appeal NO. 2864 was fairly similar. There you granted it on a piece of property that was 5.45 acres and a much more extensive and elaborate guest cottage with cooking facilities, et cetera Southold Town Board of Appeals - 10- (Appeal No. 2986 - Peter D. Pizzarelli, July 29, continued:) 1982 Regular Meetin MR. BRUER continued: ~' there. It was again, it was granted with certain conditions that the use will be only for family and guest purposes; that it never be rented; and no other buildings would be permitted on the property in'the future. We would again, using the same reasoning of that application, and the board determined at that time that the Code requirements in that instance were not substantial, the circumstances were unique, and practical difficulty had been shown, that the relief if granted would not change the character of the neighborhood. You notice that when you went there this particular piece of property is way off in the woods. It's not going to change the area and nobody is ever going to see it or even know about it for the most part...these people there. I'd like from the assessor. He says that they are already being assessed for that cottage as a cottage and not as a garage. And the town and its other departments have been treating it as a guest cottage. Mr. Pizzarelli has spent a considerable amount of money fixing that building to the tune of approximately $22,000. The land which he purchased is well over $100,000. I don't have anybody here to substantiate that except I know when he bought it the price was that. He's put substantial improvements to it. The taxes on the premises are $2,279. There's an existing mortgage on the premises for about $15,000 and the property has no income. Now to force these people to go out and rent or be put in a nursing home will cost a considerable amount of money; it would be an extreme hardship to the individuals. The request that's being asked here would not vary the standards of the town that much due to the size of the property. to point out, I believe it's in the file...there's a letter We respectfully pray that the board grant this particular applica- tion, please. Oh, there is a letter by an adjoining neighbor saying that he has no objection. I don't think anybody has objected to the application. MR. CHAIRMAN: Thank you. Is in behalf of the application? Bruer. there anybody else that wishes to speak Are you finished...I'm smrry, Mr. MR. BRUER: I would just like to read that letter of Doctor Arm: "...To whom it may concern: This is to state that Mrs. Anna Gioscia is suffering from severe diffuse, crippling arthritis .... Mr. Joseph Gioscia has a heart condition with angina and diabeter melletus and is handicapped because of this .... It is advisable that Mr. and Mrs. Gioscia live near their daughter, Mrs. Peter Pizzarelli ..... " MR. CHAIRMAN: Thank you. Is there anybody else that would like to speak in behalf of the application? Anybody like to speak against the application? (None) Any questions from any board members? (None) Hearing no further comments from anybody, I'll make a motion Southold Town Board of Appeals -11 - July 29, 1982 Regular Meetin (Appeal No. 2986 - Peter D. Pizzarelli, continued:) MR. CHAIRMAN continued: closing the hearing and reserving decision. MEMBER DOUGLASS: Second. On motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, to close the hearing and reserve decision in the matter of PETER D. PIZZARELLI, Appeal NO. 2986. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. John C. Cornell asked for an explanation as to why a decision could not be made at the end of the hearing rather than "reserving decision" since people spend weeks and months waiting. The Chairman explained that by law the board must take any and all testimony presented at the public hearing, in addition to other considerations, and therefore the board choses to close the hearing and reserve decision in order to deliberate at the end of all the matters on this evening's agenda in "closed session." The Chairman said that probably two-thirds of the matters on the agenda tonight will have decisions tonight and that the applicant or his attorney is asked to call the Town Hall (our office, Building Department Or Supervisor) the next day for the action[s] taken. Mr. Cornell said he didn't understand why a decision couldn't be made immediately at the end of the hearing if there were no objec- tions made. Mr. Cornell was advised that some times there are matters which may require legal consultation and which may require further information for the record such as the history of the property, et cetera. PUBLIC HEARING: Appeal No. 2856. Application of REICH BROTHERS AUTOMOTIVE SERVICE INC., by William H. Price, Jr., Esq., 828 Front Street, Greenport, NY, for a Variance to the Zoning Ordinance, Article IX, Section 100-93 for permission to divide premises into two parcels, each having insufficient area and width, and proposed Parcel 2 having insufficient setbacks due to the location of the proposed lot line. Location of Property: East side of Rocky Point Road, East Marion, NY; bounded north by Yanas; west by Rocky Point Road; south by Muir; east by Nowell; more particularly known as County Tax Map Parcel No. 1000- 31-2-20 and 21. Zone District: C-1 General Industrial. The Chairman opened the hearing at 8:20 p.m. and read the legal notice of hearing in its entirety and appeal application. MR. CHAIRMAN: We have a copy of a survey prepared on July 14, 1981 October 19, 1987 Southold Town Planning Board Town Hall Main Road Southold, N.Y. 11971 Att: Valerie Scopaz, Town Planner Re: Proposed Set-Off for Pizzarelli Peconic, New York Dear Ms. Scopaz: On behalf of Peter and Marie Louise Pizzarelli, we respectfully request that you take a few minutes to look over the enclosed map and our sketched-in proposal for a set-off of part of their property (Lot #3 shown thereon). A review of your existing file on the 1973 division of this property will disclose covenants and restrictions (unrecorded) relating to the further division of Lot #3. If you are agreeable, we would very much like with ~ou. Please advise. Enc. CC.'Mr. and Mrs. H. Bruer Peter Pizzarelli to discuss this matter oard o£ Appeal ON~c (~16) 765-~809 APPEALS MEI¥IRF RR GERARD P. GBEHRINGER, CHAIRMAN CHARLES GRIGONIS JR SERGE DOYEN. JR ROBERT J. DOUGLASS JOSEPH H. SAWICKJ TO: DATE: SUBJECT: Victor Lessard, Executive Administrator Southold Town Building Department August 31, 1982 Appeal No. 2986 - Peter D. Pizzarelli Decision Rendered July 29, 1982 Pursuant to your request of August 27, 1982, please consider this letter a clarification of the board's decision rendered in the above-entitled matter on July 29, 1982. The board's decision as rendered and filed with the Town Clerk is not and should not be interpreted as a subdivision of land. The variance requested was not for an "area" variance, but rather for a "use" variance for permis- sion to utilize the accessory building for accessory sleeping accommoda- tions and storage (accessory to the main dwelling), and without a kitchen. After hearing all testimony and comments at the public hearing and after discussing this matter during deliberations, it was agreed that the appli- cation should be granted with the condition that this structure remain accessory to the main dwelling, and that if in the future applications are granted to subdivide this property (by the Planning Board and other departments and agencies as required by law), that a minimum of 40,000 square feet shall apply. The 40,000 square-foot area delineated by the applicant on the map araended 8/12/82 and submitted for our file 8/20/82 should be considered "imaginery" at the present time. The use granted for this structure is for sleeping quarters (not as a dwelling unit) and is accessory to the main dwelling on this entire 2.979-acre parcel. Also, this structure should not be treated as a principal dwelling; however, it is the opinion of this board that the electrical, sewage and water systems be approved by the local agencies for the use granted in the variance appeal. We hope that this letter has been of assistance to you. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN - ~' ~THOLD OFFICE OF BUILDING INSPECTOR P.O. BOX 728 TOWN HALL SOUTHOLD, N.Y. 11971 27 August 1982 TO: FROM: ZONING BOARD OF APPEALS EXECUTIVE ADMINISTRATOR SUBJECT: PETER D. PIZZARELLI The condition attached to the decision on the above case is con- fusing and the parties involved are mis-interpreting the intent behind it. It has come to my attention that this accessory structure has its own independent electric~ water and septic system. Therefore a clarifi- cation is in order~ clearly delineating this as an accessory structure and not an independent building. I would appreciate your clarifying this condition by re-phrasing it and removing the area in doubt. Please date and attach a copy of your reply to the Pizzarelli file plus a copy to the parties involved. October 19, 1987 Southold Town Planning Board Town Hall Main Road Southold, N.Y. 11971 Att: Valerie Scopaz, Town Planner Re: Proposed Set-Off for Pizzarelli Peconic, New York Dear Ms. Scopaz: On behalf of Peter and Marie Louise Pizzarelli, we respectfully request that you take a few minutes to look over the enclosed map and our sketched-in proposal for a set-off of part of their property (Lot #3 shown thereon). A review of your existing file on the 1973 division of this property will disclose covenants and restrictions (unrecorded) relating to the further division of Lot #3. If you are with ;ou. Enc. ~.'Mr. agreeable, we would very much like to discuss Please advise. H. Bruer and Mrs. Peter Pizzarelli this matter WHEREAS, the undersigns, Andrew Hahn, a/k/a Andrew Hahn, II nnd DorothV A. Hai~n, a/k/a Dorothy Acker Hahn, his wife, are thu ~,..;ners of a ccrtain piece of property known and designated as fo 1 lows: ALL that certain plot, piece or parcel of land, situate, lying and being at Indian Neck near Peconic, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the southerly side of Indian Neck Road at the southwest corner of land of C. P. Tuthill; running thence from said point of beginning and along lands of said C. P. Tuthill the following courses and distances: 1) South 22 degrees 11 minutes 20 seconds 2) South 21 degrees 27 minutes 20 seconds to the northerly side of Peconic Bay; East 743.91 feet; East 735.00 feet running thence along the ordinary high water mark of said Peconic Bay South 49 degrees 09 minutes 20 seconds West 174.00 feet to land of E. W. Wood, Jr.; running thence the following courses and distances along said land of E. W. Wood, Jr.: 1) North 20 2) North 19 3) North 20 4) North 20 5) North 20 6) North 20 7) North 20 the southerly degrees degrees degrees degrees degrees degrees degrees side of 07 minutes 50 49 minutes 50 05 minutes 00 23 minutes 40 26 minutes 50 29 minutes 40 10 minutes 10 seconds West 400.00 feet; seconds West 255.12 feet; seconds West 221.25 feet; seconds West 97.17 feet; seconds West 110.27 feet; seconds West 189.88 feet; seconds West 269.41 feet to Indian Neck Road; running thence along the southerly side of Indian Neck Road North 71 degrees 26 minutes 00 seconds East 119.92 feet to the point or place of BEGINNING. AND whereas the undersigns desire to subdivide this property into three lots according to a certain survey mapped April 20, 1972 by Roderiok Van Tuyl, known as Minor Subdivision for Andrew Hahn which map showing said lots is attached hereto; AND whereas the undersigns are desirous division of the property and in particular Lot No. 2.979 acres; to limit further 3 containing NOW, THEREFORE, THIS DECLARATION WITNESSETH: THAT the said undersigns, Andrew Hahn and Dorothy A. Hahn, for the benefit of themselves, their successors and assigns -2- and the Town of Southold, in consideration of the premises and for the purpose of carrying out the above expressed, do hereby make known, admit, publish, covenant and agree that the said premises hereinbefore set forth as Lot No. 3 shall be subject to the following covenant running with the land and binding upon all purchasers, mortgagors, and holders of said premises their heirs, executors, administrators, successors and assigns: THAT the said Lot No. 3 will not be further subdivided. This covenant will run with the land. Andrew Hahn STATE OF NEW YORK, COUNTY OF SUFFOLK: On the ~A~day of~C~ , 1973, before me personally came Andrew Hahn, a/k/a Andrew Hahn, II and Dorothy A. Hahn, a/k/a Dorothy Acker Hahn, his wife, to me known to be the individuals described in and who executed the foregoing instrument, and acknowledged that they executed the same. RUDOLP)~ H. BRUER NOTARY PUBLIC, S)a+e o{' New York :, ? / TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET VI LLAGE LOT FORMER OWNER (~ ~;~&, RES. (' LAND ~//AGE NEW Farm sEAs. ,~,~ IMP. Acre VL. Tillable ] Tillable 2 Tillable 3 Woodland Swampland Brushland ~ House Plot TOTAL E ~ DISTRICT SUB. ACREAGE ~ ' DATE REMARKS TYPE OF BUILDING IND. JCB. j MISC. J BUILDING CONDITION BELOW Value Per Acre ABOVE Value ,-/ ' '~ ~ I dation Bath Extension I Basement /~ Floors Extension ~t. Walls ~x Interior Finish Extension Fire Place / Heat - ~ ~-' - . ~.' ,:' ~0 ' / Porch l? ~ Attic Porch Rooms 1st Floor Breezewa' Patio Rooms 2nd Floor Garage Driveway ~) TO T,%Z FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. Certificate Of Occupancy No..[ 1 ~ 2Z~. ......... Date ...... 9.c.%q .bg.r. fi. ................ 190..2. THIS CERTIFIES that the building ................................................ Location of Property .. 5.7.10 ................ IO~,~.~r~..N.e.c.g. ~pad Peconic House No. Street .................. ~nl'e~ County Tax Map [No. 1000 Section . 098 ........ Block .. 05 ........... Lot ...0.17...0..0.3 ....... Minor Subdivision... At, drew. ~labn ............... Filed Map No. ~7 ...... Lot No...3. .......... conforms substantially to the Application for Building Permit heretofore filed in this office dated · A.~r J. 1..29 .......... , 19 .,~ 2pursuant to which Building Permit No..1.1.9.3.3...Z..a. .......... dated .. B.~pt, emb~r. 2,fi ........... 19 .~2, was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ......... ...... a.c.¢ee~.c[r.y. ~.l.~e p,t,r'lg' ~.u.a,~ ~,~?.s.. ~y.~.bj~...b.a.t.h. ~..np..1.c .i.t.c.h.e. r).. .............. The certificate is issued to ... ~.e.t~er..D.,. ~..Me,'i.e..L, ~.z..zarelli [owner, ~'.e~r~ ............ of the aforesaid building. Suffolk County Department of Health Approval ...9/.7/.8..2~..R.o..b.e.r.~..A....V. ~ .]..1~. ............ UNDERWRITERS CERTIFICATE NO .......... ~..5.2.0..6 ~.6. .............................. *Zoning Board of Appeals, appeal .4 2986, decision rendered 7/29/82 Building Inspector Rev. 1/81 FOU'M' NO. e, TOWN OF $OUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N~ Y. BUILDING PERMIT fi.HIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) N? 11933 Z Permission is hereby granted to: , ..F...~..~ .~....~../..~ ....... ~ ............................ . ...... .~~ ............... ~,.~ ....... ~..z~ ........................................................... ,~ . at premises located at ........~....Z..//~.. ....... .~ ......... .~ ..~.....~'~.~......~.~.~.......~.,~.~.. ...... .................................................. .P..~..c,'=,,~.....z...2Z..,~ l/...~..~....~... County Tax Map No, 1000 Section ..... .~..~.. .......... Block .....~... ........... Lot No..../.../'~+ .~.. ...... pursuant ,o application dated ..~./~.....~.. ............. [ ...................... , 19.~...~ and approved by the Building Inspector. Rev. 6/30/80 Rudolph H. Brier, Esq. Edson & Bruer Main Road 1 Southold, NY 11971 Dear Mr. Bruer: Your application for a Certificate of Occupancy dated April 27, 1982 for Peter Pizzarelli is being.returned with your ~: check $3230 for $5.00 as this building is in violation. Vio- lation, because a addition and alteration and change of use was done without a permit. No C.O. can be issued'for a building In ~iolation. A permit should be applied for £irs~. If the permit application is for .9omething not permitted by the code, a disapproval will be issued and you may then apply Do the Zoning Board of Appeals. Yours truly, George H. Fisher Senior Building Inspector GHF:ec Enclosures ]00o25]. THE NEW YORK BOARD OF FIRE UNDERWRITERS BUREAU OF ELECTRICITY ~ 85 JOHN STREET, NEW YORK, NEW YORK 10038 ,.,. ~y ~, :LP~t ~pp,,c.t,o.~o.o.~,,~ n~20-~ N 52~96 THIS CE~IFIES THAT only the el~tric~ equip~t ~ ~sc~ ~ ~ int~uc~ by t~ applicant Mm~ on t~ a~ appl~ation RumOr in t~ prem~s of F~ter Pi::~rclli, I:~di~'~ ~'~:~ck L~. ,e/o ~bi~s~ la., Peconic, N Y. w~ examined on Jv~ y 20, ].~, and found to be in compliance with the requirements of this B~rd. SWITCHES FIXTURES RANGES OVENS DRYERS FURNACE MOTORS FUTURE APPUANCE F~EDERS Lot EXHAUST FANS TIME CLOCKS MULTI-OUTLET DIMMERS SYSTEMS NO. OF FEET SERVICE DISCONNECT OTHER APPARATUS: S E R V I C NO. O~E COND. OF CC. COND. NO OF HI-lEG NO OF NEUTRALS 1 1 E-~H~, 'dr,", Eioc. BOX 244 St. Jm~3, N. Y. 11780 I,J.c: t138 GENEI~AL MANAGER This certificate must not be altered in any manner; return to the office of the Board if incorrect. Inspectors may be identified by their credentials. COPY FOR BUILDING D~PA.qTt,'!EHT. TEllS COPY OF C~R'T~FICATF. MUST I'-.~OT BE ALTERE-r) I~'J A~]Y MA, 3~.R. . August 24, 1982 Building Department Town of Southold Southold Town Hall Main Road Southold, New York 11971 Re: Building permit application (amended) Peter D. Pizzarelli Dear Sirs: Enclosed please find copy of 4/29/82 permit application which has been amended this day to include the items you requested. In addition thereto, the size of the windows is indicated on the attached plans and the location of the well and the cesspool are both shown on the plot diagram. The existing heating system has been replaced with a new electric system. The existing plumbing system has been improved with new pipes. The existing well has been im- proved with a new point and motor. The existing cesspool is located 100 feet from the well point. Based on this amended application and the above information, we understand that a building permit may now be issued. Please advise. ~lnCeo Encs. H. Bruer L[.-"].IFE TITLE INSURANCE Company of New York NEW YORK STATE OFFICES ALBANY 518 472 9161 QUEENS 212 739 4001 BRONX 212 292 5200 RICHMOND 212 442 2700 212 425 8010 212 425 8010 KINGS 212 522 0777 ROCKLAND 914 634 3612 212 425 8010 212 292 1528 NASSAU 516 354 8500 SUFFOLK 516 727 4140 212 347 2010 212 962 1445 NEW YORK 212 425 8010 WESTCHESTER 914 948 4040 212 824 0404 I tJWl'U I J l :,~,nJ II I(.)l.lJ For access call: Pizzarelli - 734-597(, t'*I"I:~L IL;AI-I(JN LIJII L;LII I II IL.;I'~ i L 01' IJI](]U ,~,~..~,. ~. I~,.~,iill.NI ul J'lul.i, l~' 5710 ~lJUilt¥ J.l~ ~,,II~l* II)l)lJ:,,4,i~,j (191t ~L Ind'i,un NJ~.ck La*l(=, PeCOI~iC,, ..... ,.' .. ,.,. .......... . .. ~... I11,..I, . ...05 ....... L:ul 014.3 .I'I.UtlIIII, IILllll~l AlljnLil/i~j .......... X' ,,:,l I,i ,~, h,l!l ,UI~I lil:llllll Illi:l:J:, ,iii ~lUlhl;illJiUd;iJLJl~h lllltj ItlIJHI~IIIIJII~, 2 o 7s-3 .i ,¸ AT )- 9 AM TO ,¢.pM INSPECTS: ?;--' (~EQUIRED - FRAM I NG:'&~ -PLU,M,[3 lNG - COh~TPUCTION .MUST ~- FOR C. O~ SHALL .MEET OF THE N. ¥, & E~E~y .FOR }~FOUNDATION (1st) COMMENTS )UGH FRAME & PLUMBING ~NSULATION PER N. ~ ENERGY ~-',',~' ¢,ODE~ ADDITIONAL COMMENTS: -' - ;/ 7~'-'! t:O. i TC'.';t,] G7 SOUT:~OLD BU [ LDI FJG D EPAR'FM Er'IT TOWN HALL SOUTHOLD, N.Y. 1197'1 TEL.: 765-1892 Dfsapprovcd 2/6 ....... : ............................; APPLICATION FOR BUILDING PERMIT Application No .............. INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted in triplicate to the Bull Inspector, with 3 sets of plans, accarate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationshio to adjoining'p~mises or public s~ or areas, and dying a dc/ailed description . cation. - of layout of property must be drawn on the dia~am which is part o~this a c. The work covered by this application may not be commenced before issuance of Building Pe~it. d. Upon apprc.'al of this application, the Building Inspector will issue a Building Pe~it to the apNicant. Such pe shall be kept on the premises available for insvection throuehout the work. ' e. No build/ag shall be occupizd or used*in whole or i~ pa~ for any purpose whatever unt~ a Certificate of Occum shall bare been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for th~ issuance ora BuildingPe~it pursua~ ;' tc Building Zona Ordinance of the Town ~f Southold, Suffolk County, New York, and other applicable Laws, Ordinanc~ Regulations, for the construct/on of buildings, additions or alterations, or for removal or demolition, as herein descr! ~:e.applisan[ agrees to comply with all applicable laws ordinances, bu ding code, housing code, ~d re , htion= - , ~ign=tu,e of appF~ o~ame, if a corporation) (Mailing address of applicant) State whed~er applicant is owner, lessee, agent, architect, engineer, general contractor, electffc/an, plumber or buE (as on the tax ~or latest deed) ' ' ' ' If applicant is a corporation, signature of duly authorized officer. (Name and title of corporate officer) · s Licens. t,o .............. · Electrician's License No.' .../ff.~ Other Trade's License No ...................... 1. Location of land on which ~roposed work will be done ................ House Num ber~¢~ Street ......... ~ / Hamlet (Name) ' Filed MapNo. ff.~f.f.7.~... Lot...3 .... 2 State existing use and occu ~anc, , mtende ;t~ · N ' ' I' 7ofpremisesan~' g Scana~cct---c-~e - - ~ · ~- , /1 ,'-~ . k , ~ ..-:~t~-Y/~t proposed consrrn~tlon X .... lc' '"WI~~ ~'"~~ -- .N a. eXatmg use and occupancy .. ~~ ~~G~ ~~ p .... ,.. ] .................. ,-. .......... 10. ~1. 12. {~. {4. Nature of work (check whic,h applicable): New Bu~Iding .......... Addition ~J Alteration R:l~air .............. Rcm o','ai .............. D2molki~n ............ Otkcr Work ........... ~ (Dcscriptic. - r~ .... e.~ Cost ............. (~o be paid on filing this application) If dwelling, number of dwelling units / Number of dwelling units, on each floor If garage, number of cars If oy~,,,ess, cot..merc~a[ or m~xed occueancy, speedy natur~ and extent of each type of use ............... Dimensions of existing structures, if any: Front .... ~.~ ....... Rear .... ~.q ....... Depth . ~ ~ ...... ............... .......... : .... ......................... >32: .... Dimensionsofsamestmcturewitbaltcrationsoradditions:Front ...~ .......... Rear ........ Depth ...... ~ Q ............ Height ...................... Number of Stories .... A.. Dimensiens of.:ntirc new construction: Front .... ~ ....... Rear .... ~.~ ...... Depth ~" Height ............... Number of Stories ........ ff ...................... ' ..................... Siz* oflot: Front ...... .~ ~.'.:. ........ Rear .... ff~ Depth ..... ' -~,,~ 3 ~ ' ~ ' ~ C ........... Date of Pur~,..s ....... ~ .2ff.Z~ ............... N,me of Fommr Own.r .. ~-~. ~... Zoneorus~dsrfict nwhc~prensesarestuated ' ~' ': Do2s proposed construction vioi2te any zoning law, ordinance or regulation: .../7;~ ................... · -o ..... ~*'. .... ~ ...... ~9,7. · · Wd. ex~s (~I1 b~ r~mov~ from premm~s: Yes Na ~eofO-'n.-rofp~e,n ses~ ~: ~ 'Address ffOff d/~ · ' ~ ............. ............ .... Name of &re *ct ~. . .'..Address ............. Phone No ............ Name of Contractor .......................... Address ................... Phone No ............ PLOT DIAGRAM Locate clearly Nd distinctly ~l bt'i'.dir:gs, whether ,' -' . e, property Lines. Give street and block number or description acccrding to deed, and show street names and indicate wh: ',nterior or ~orner lot. ~I'ATE OF NEW YORK, COUNTY OF >.~..FrT~. 4.~ ...... S.S .... .~..~..?-..g'..~...~,...~../.2...z_..~.~4../= ./ .................being duly sworn, deposes and says that he is the applic (Nanie of individual signing contract) above named. fie is the .. ?..~.."?( -c/'..~.. (Contractcr, agent, corporate officer, etc.) c,f said owner or owners, and is duly authorized to perform or have performed thc said work and to m~e and file n/>plication; tl~at all statements contained in this application are true to the best of bis knowledge and belief; and that t~'ork will be performed in thc manner set forth hx the application filed ti~erewith. ~worn to before me this ......... ~ .......... day of ...................... 19 ~ a~Public, f~ County MAIN ~DAD-STATE ROAD Board of Appeals -c;OUTHOLD, L~I., N.Y. 11~?1 TELEPHONE (516) 765-1809 GERARD P. GOEHRINGER. CHAIRMAN CHARLES GRIGONIS JR SERGE DOYEN, JR ROBERT J. DOUGLASS JOSEPH H, SAWlCKI '1'O: DATE: SUBJECT: Victor Lessard, Executive Administrator Southold Town Building Department August 31, 1982 Appeal No. 2986 - Peter D. Pizzarelli Decision Rendered July 29, 1982 Pursuant to your request of August 27, 1982, please consider this letter a clarification of the board's decision rendered in the above-entitled matter on July 29, 1982. The board's decision as rendered and filed with the Town Clerk is not and should not be interpreted as a subdivision of land. The variance requested was not for an "area" variance, but rather for a "use" variance for permis- sion to utilize the accessory building for accessory sleeping accommoda- tions and storage (accessory to the main dwelling), and without a kitchen. After hearing all testimony and comments at the public hearing and after discussing this matter during deliberations, it was agreed that the appli- cation should be granted with the condition that this structure remain accessory to the main dwelling, and that if in the fuqure applications are granted to subdivide this property (by the Planning Board and other departments and agencies as required by law), that a minimum of 40,000 square feet shall apply. The 40,000 square-foot area delineated~by the applicant on the map amended 8/12/82 and submitted for our file 8/20/82 should be considered "imaginery" at the present time. The use granted for this structure is for sleeping quarters (not as a dwelling unit) and is accessory to the main dwelling on this entire 2.979-acre parcel. Also, this structure should not be treated as a principal dwelling; however, it is the opinion of this board that the electrical, sewage and water systems be approved by the local agencies for the use granted in the variance appeal. We hope that this letter has been of assistance to you. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN BOARD OF APPEALS, TOWN OFSOUTHOLD In the Matter ct the Petition of to the Board of Appeals of the Town of Southold TO: ~_~.~_~NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board nf Appeals of the Town of Southold to request a ~'~ian-~'~(Special Exception) (Special Permit) (Other) [circle choicel 2. That the property which is the subject of the Petition is located adiacent to your property and is des- 3. That the property which is the subiect of such Petition is located in the following zoning district: 4 Il.at h~. such Pelition. the undersigned will request the following relief: "~ '~ t,a ~"~ ~.(, ',o .fi. That the provisions of the Southoid Town Zoning Code applicable to the relief sought by the under- signed are Article ~ Section 100- ~ i ~ [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way~ 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. (516) 765-].809. 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 norices; that you or your representative have the right to appear and be heard at such hearing. Dated: IO Petitioner Owners'Names: Post Office Address [Copy of sketch or plan purposes.] showing proposal to be attached 'for conSeni~d~e'. PROOF OF MAILINC, OF N(~TICF ATTACH CERTIFIED ,MJ~IL RECEIPTS NAME ADDRESS 848 413 237 Certified Mail Receipt ~'-o~, No nsurance Coverage Provided ~1~ Jl l'_ ~.o~. ' gonotuseforlnternationaiMail~ J ~N~o"ln~ "'o~ Insurance Coverage Provi, Do not use for International U ~ Certified Mail Receipt " (see Reverse) ~ No Insurance Coverage Provic[ed ~ ~lf~ ~/'~ ~1~ ~ ~la~ D° n°' use '°r International Mail Postmark J3~ D~te ~-~ I I ///?s Certified ~ee Specia~ Delive~ Fee Restricted Delive~ Fee Return Receipt Shying to Whom & Date Oelivered ~ ~/~'/ V' / / ~ ~ . being duly sworn, deposes and says that on, the ? day of ~~ ,1~ ~j' , deponent mailed a true copy of the Notice set Torth on the re- verse side hereof, directed to each of the'above-named persons at the addresses set opposite thmr respective . names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessmen£roll of the Town of $outhold; that said Notices were mailed at the United States Post Of- (certified.) (registered) mail. Sworn to before me this N~lary Pub~ ; that said Notices were mailed to each of said persons by Term Ex~lm~ De~emb~',31, 19 ~ (This side does not have to be completed on form transmitted to adjoining property owners.) q 7 ~/~/~ ~ 06'f - § 199l