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HomeMy WebLinkAbout3270Peconic Bay Blvd. Ma_ttituck~j NY Southold Town Board of Appeals MAIN ROAD- ~ITATE ROAD 2,5 SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3270 Application 'Dated Su]y 24, ]984 TO: Gary Flanner Olsen, Esq. as for DR. BALA HARI PILLAI Main Road, P.O. Box 706 Cutchogue, NY 11935, (Public Hearing October ll, 1984) Attorney [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on 0Ct0ber 1], ]984, 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 Zoning Ordinance ~ Article " , Section "' ~'~ '~ReeJ%~es~ .f~r Variance to the Zoning Ordinance Article III , Section ]00-30(C) [ ] Request for Upon application for DR. BALA HARI PILLAI by Gary F. Olsen, Esq., Box 706, Cutchogue, NY, for a Variance to the"Zoning Ordinance, Article III, Section lO0-30(C) for permission to establish sleeping quarters in a nonconforming accessory building. Location of Property: 8280 Great Peconic Bay Boulevard, Laurel, NY; 1000-126-11-019. The board made the following findings and determination: This is an appeal from Article III, Section lO0-30(C) of the Zoning Code for permission to establish sleeping quarters in a nonconforming accessory building presently located in the frontyard area of this par- cel of land, and which is nonconforming as to its frontyard location rather than in the required rearyard area. The parcel in question is located on the south side of Peconic Bay Boulevard with a lot width of 97.50 feet and lot area of approximately 32,500 sq. ft. The subject premises is improved with a one-story frame dwelling, with established sideyards of 29.8 feet on the east side and approximately 25 feet on the west side. Also existing on the premises are a swimmingpool and whirlpool, as shown on survey most recently dated June 21, 1982, prepared by Young & Young, L.S. The board members have personally visited the site in question and are familiar with the statements presented at the public hearing in this matter. For the record it is noted that the building contractor testified in support of this application as to the expense involved in adding to the main house verses renovating the accessory building for sleeping quarters. Also, the owners of this parcel have a large family requiring domestic help which is one of the main reasons the relief is sought. Also, reference has been made to a prior variance for similar relief under Appeal No. 2486 of Richard Wall, conditionally approved on November 9, 1978, concerning premises in the Hamlet of Cutchogue. In considering this appeal, it is the opinion of the board that the relief as requested be denied for the following reasons: (1) Article III, Section 100-30(C) of the zoning code limits uses acces- sory in this residential zone to home occupations as noted, garden house, toolhouse, storage building, playhouse, wading or swimming pool, as noted, private garages as noted, storage building as noted, horses and domestic animals as noted, certain signs as noted, yard, attic, garage, auction sales of the owner's personal property as noted; (2) the hardship claimed is personal to the current owner of the premises (CONTINUED ON PAGE~TWO) DATED: October 23, 1984. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form CB4 (rev. 12/81) Page 2 - Appeal No. 3270 Matter of DR. BALA HARI PILLAI Decision Rendered October ll, 1984 which will not justify the granting of this variance, which would in turn run with the land itself; (2) that the evidence submitted is not sufficient to justify the granting of the relief requested; (3) that the relief as requested is substantial since sleeping quarters is not a permitted accessory use under the zoning ordinance; (4) that the difficulty could be obviated by some method, feasible for the applicants to pursue, other than a variance as applied herein; (5) that the circumstances of this appeal are not unique; (6) that in view of the manner in which this case arose and considering all of the above, the interests of justice would not be served by granting the requested relief. Now, therefore, on motion by Mr. Doyen, seconded by Mr. Sawicki, it was RESOLVED, that the relief requested in Appeal No. 3270 in the matter of DR. BALA HARI PILLAI for sleeping quarters in accessory garage structure ~ocated in ~e frontyard area, BE AND HEREBY IS DENIED WITHOUT PREJUDICE AS APPLIED. Location of Property: NY; lO00-126-11-O19. 8280 Great Peconic Bay Boulevard, Laurel, Vote of the Board: Ayes: Messrs. Goehringer, Douglass and Sawicki. This resolution was adopted of all the members. Doyen, Grigonis, by unanimous vote lk RECEIVED AND FILED BY THE SOUTHOLD TOWN CT.I~RK DATE/C'/~/~zHOUR //,'~/5 ,~z Town Clerk, Town of ZONING BOARD 0'~ APPEALS 'TOkVN HALL I~lA~',l ROAD - $, R, 25 NOTICE IS HEREBY GIVER, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, a Regular Meeting and the following matters will be held for public hearings by the Southo'd~Town Board of Appeals On'THURSDAY, OCTOBER ll, 1984, commencing at 7:30 o'clock p~m. at~the~SoDthold-Town Hall, Main Ro~d,'So~:th~ld, ~Y and~as follows: 7:30 p.m. Application for J. SCHELLENBACH AND A. ROJAS, 1225 Ninth Street, Greenport, NY for a V~riance to the Z6~ing Ordinance, Article III, Section 100-31, Bulk Schedule, for permission ~o construct deck addition wi~h insufficient side and rear yard setbacks and exceed- ing the 20% 10t coverage requirement. Location of Property: 1225 Ninth Street, Greenport~ NY; County Tax Map Parcel No. 1000-048-03-028; Greenport Driving Park Subdivision Lot 4. 7:35 p.m. Application of JAMES F. AND ELLEN M. PRESTON, Box 1422, Southold, NY for a Variance to the Zoning Ordinance, Article III, Sec- tion 100-31 for approval of the insufficient area and width of this parcet in-this proposed set-off of land.Iocated along Hyatt Road, Southold, NY; County Tax Map Parcel No. 1000-50-0t-18.3 (part of 18.00). 7:40 p.m. Application for'HENRY DOMALESKI (recessed from 9-13-84). For variances: (a) to Article III, Section 100-31 for approval of width -(b) to New York Town Law, Section 280-A for approval of access. R-O-W off the North side of Oregon Road, Cutchogue; lO00-095-Ol-part of ll. 7:45 p.m. Application of PATRICIA AND RE~NER LOLLOT. for variance to Article XI, Section lO0-119.1(A) for permission to e.rect fence exceeding maximum four-foot height requirement at ll20 Ryder Farm Lane, Orient; 1000-015-05-024.11. (recessed from 9-13-84). 7:50 p.m. Application of RENATE RIEDEL, 161 Brook Road, hampton Beach, NY 11978 for a Variance to the Zoning Ordinance, III, Section 100-31, for approval of an insufficient frontyard of a one-family dwelling structure to be.located at 675 Meadow Mattituck Estates Lot 42~ Mattituck, NY; 1000-115-05-007. West- Article setback Lane, 8:05 p.m. Application of EDWARD L. HERRMANN, 1000 Marlene Drive, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, for permission to cons~ruc~ addition with reduction of sideyard setback to less than the required l0 feet. Location of PrDperty: 1000 Marlene Drive, Mattituck, NY; 1000-114-2-40. Page 2 Regular Meeting October ll, Legal Notices of Hearings Southold T~wn Board of Appeals 1984 8:15 o.m. Application for DR. BALA HARI PILLAI, by Gary F. Olsen, Esq.,- Box 706, Cutchogue,-N¥ 11'935 for ~ Variance to-the Zoning Ordinance, Article II-I Section IO0-3D(C) for permission to establish sleeping quarters in a nonconforming accessory building. Location of Property: 8280 Great Peconic Bay Boulevard, Laurel, NY; 1000-126-11-019. Persons desiring to be heard should do so, either in writing or in person, before-or during the public hearing. For additional information, please contact our office at 765-1809 ~or 1802). Dated: October 1, 1984. BY ORDER OF THE SOUTHDLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Notice to Newspapers: Please publish THURSDAY, OCTOBER 4, 1984 and forward 7 .~f publication on or ~-f~o~ober.~, 1984 to: Board Main Road, Southold, NY..lI971~ Thank Xou. affidavits o~ Appeals, Copies forwarded to the following about Suffolk' Times, Inc. L.t. Traveler-Watchman, Inc. lO/1/'84: Ms. Barbara Ulrich, Box 353, East Marion, NY 11939 for Schellenbach and Rojas, Ninth Street, Gree~port 11944 SCHELLENBACH & ROJAS Mr. 'and Mrs. James F. Preston, Box 1422, So~thold, NY 11971~] .... Abigail A. Wickham,--E~q. for HENRY DOMALESKI ~nd RENA~'E RIEDEL Mr. and Mrs. R. Lollot M~s. Renate Riedel, 161 Brook Road, Westhampton Beach, NY 11978 Mr. Edward L. Herrmann Gary F. Olsen, Esq., Main ZBA i'~dividual files ZBA members Town Clerk Bulletin Board Building Inspector Lessard Road, Cutchogue, NY 11935 for DR. PILLAI FORM NOTICE OF DISAPPROVAL Location of .Prol~rty .~/~.u~.~/d~..~.~'.C...~.~.$t~r~,&//~.2 ..... ..(.~/.d.(d.~/~.~t- County Tax Map No. 1000 Section .../..~.~ ...... Block .... ./..t' ........ Lot . .~../..~. ....... Subdivision ....... '---7 ......... Filed Map No ........ ---'. ........ Lot No.. ,~c,,e. ~ ~..,~,-r~. ~?.. ___________________~,~.~Tf~.../,o..~. ~ ~-~,C. -~. .~:,. ~,,,.,,.~.~, .... ('..~..~.....,~.../.~o..-..,~....c..) ...... ..... ,,/.,,.: .r,~...,~... ~,,~-,,/~,.,~.. "~'" 'i .................... Build/rig Inspector RV 1/80 FORM NO. '1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 119Ti TEL.: 765-1802 ~xamined ................ ,19... ReCeived ........... 19 kpprovedL.~-..: ............ 19 ....,Permit No ............ )isapproved a/c',.. '.: ................... ' .............. (Building Inspector) APPLICATION FOR BUILDING PERMIT INSTRUCTIONS a. Tl~Js application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, With 3 .~rs of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relations,hip to adjoining premises or public streets r areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- ation. c. The work covered by this application may not be commenced before issuance of Btflding Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Suck permit hall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or ~n part for any purpose whatever until a Certificate of Occupm~cy hall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the mitding Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or :effalations, for the construction of bufldLngs, additions or alterations, or for removal or demolition, as herein described. 'he applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulat[ons~, and to dmit'authorized inspectors on premises and in buJtding for necessary inspections. ~ ~_ ~ ....... :. ......... - (Signature of applicantJor mime, if a corporation) (Mailing address of applicant) 11 ~':~.r' gtate whether applicant is owner, lessee, agent, architect, enDnee_, general contractor, electrician, plumber or builder. .z'l ofowner o premises ...... (as on the tax roll or latest deed) if applic~t is a co~oration, signature of d~y authorized officer. (Name and title of corporate officer) Bmlder s L~cense No .......................... Plumber's License No. ~ ~ 1 ~ (~ ~ Electrioian's ,.icense ............. Other Trade's License No ...................... ' House Number ~ S~reet ~ Hamlet County Tax Map No. 1000 Section ... ~ ......... Block ................ Lo~ Subdivision .... ~....; ........................... Filed Map No ............. .. Lot":.. , · (Nme) ............ L State existing ~ ~d occupancy of premises and intended use and occupancy Of proposed constraction: 3. Nature of work (check which a ble): New Building .......... Ad~.~Sn .. ~ ...... Alteration ...... Repair~ .............. Removal .............. Demolition .............. Other Work ............... (Description) 4. Estimated Cost....~,~-~../-. ~ .' ...................... Fee ..................................... (to be paid on filing this application) 5. If dwelling, number of dwelling units ............... Number o'f dwelling units on each floor ................ I£ garage, number of cars .. 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use ..................... 7. Dimensions of existing structures, if any: Front...,~.~/. ........ Rear . ~7~ .Al ~ j ....... Depth .~..-: ~../ ..... Height ~...~': .......... Number of Stories ... ]. ~ ........... }' ',¢ ............... ;,': / ' ;, ............ Dimensions of same structure With alterations or additions: Front .~t[. ~. '. .......... Rear ~..g ............. Depth ... ~ .t>.'. ~.". ........... Height ... ~/.'? .~. ~ .......... Number, of ~tofies..~. ....... 't'" ~ ...... 8. Dimensions,of e,nt~re new construction: Front ,~.t..7. ........ Rear . ~Y.. 7. ....... Deptk ~:~O ~ ' .... Height .~.t..~.' ......... Numlier of Stories ...~..... i 9. Size of lo't: Front . .~.7., .~.. ...... Rear ~.'~?. ~O.' i i i i .......... ~);' ;~ ' ~' :~'~-iL' i~'~a~: ...... [0. Date of Purchase ............. ------x. ................ Name of Former Owner ...-77.-77x.. ..................... ! 1. Zone or use district in which premises are situated ..................................................... 1.2. Do~s proposed construction viota!e any zoning law, ordinance or regulation: ................................ 13. Will lot be regraded .... ~ .......... m-r,' ...... Will exce~ss tilt be r~emoved~ from premises: Yes i4. iN'amc of Owner of premises ~./~.M..~t. DJ.~'.~... Address ./z.~.~.°.~.(~..~..~. P./?P. Phone No. Name of Architect ..... ~ ........... Phone No Name of Contractor .~.~.l., .~. i.~.~ ~'~.'~" "Address ............. .............. Address '~,,~-~&~ Phone No. ~..~. ~. 7.ff~-..~./...~.. PLOT DIAG tL42Vi Locate clearly and distincfly all buildings, whefl~er existing or proposed, and. indicate all set-back dLmensions from ,~roperry lines. Give street and block number or description according to deed, and show street names and indicate whether interior or corner lot. ;TATE OF NEW.YORK, S.S ,,, .......... .. ~./..~...e~...~.~. ......................... being duly sworn, deposes and says that he/s the applicant (Nam~7o f~'~' ""individual signing contract) bore named ~e is the ......... ' ,~.. t~.././P..~.~'.·. ............................................ < (Contractor, agent, corporate officer, etc.) ~f said owner or owners, and is duly authorized to perform or have performed the said work and to make and ftc this ,pplication; that all statements contained in,this application are true to the best of his knowledge and belief; and that the york will be performed in the manner set £orth in ~he app.ication filed there~with. ;worn to before me this ............. /. 7.of ....... .... ~-' HEtF. N'K DE gOE -~ ~ ~. 470787& Suffolk ~ountg ~ ~ TOWN OF SOUTHOLD, NEW YORK APPEAL FROM.DECISION. OF BUILDING INSP_~CTOR APPEAL TO THE ZONI.NG BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. DR., BALA HARI P~LLAI , (no #) Peconic Ba~ Blvd (We) ....: ........................................................ ol- ................... ~ ........................... :' ....................... No,me of Appe an~ Street and Number ............ ~..~.C.~.: , :...::.:: ...... i ................................ ~.~.~.O..P'..K,.,i.....HEREBY ~,PPEAL TO Municipality State THE ZONI~NG BOARD OF A'PPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO .................................... :-DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO DR. BAL^ HARI PILLAI Nome of Applicant for permit o f (..n ~...~.. )....P..e..C..o..n..i..c....B. 0.~.. B..l.y..d. A ............ ...H..a..t. ,t. j..~.U.c..k.., ................... .N.~.~.. Y..0..r..k. ............ Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY (X) Variance 1. LOCATION OF THE PROPERTY ..(~.0.#.)..'.P.ecQnim..BaN,.BLvd .......... A,..~,as.L~a~t£al ................ Street Use District on Zoning MaD MaD NO. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance Dy number. Do not quote the Ordinance.) Article III Section 100-30C 3. TYPE OF APPEAL Appee is made herewith for ¢ X) A VARIANCE to the Zoning Ordinance or Zoning Mop A VARIANCE due to lack of access {State of New York Town Law Chap. 62 Cons. Laws Art 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision of me 3uilding Inspector or with respect to this property. Such appeal was ¢ ) request for a sDecial ~ermit ( ) request for ~ variance and was made m Appeal No .............................. Dated ...................................................................... ( ) (X) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the ZonJng Ordinance is requested for the reason that Applicant seeks to construct sleeping quarters in a non- conforming accessory building as shown on the survey of ~oung & Young dated June 21, i982. !~oz~n ZB! (Continue on other side) REASON FOR APPEAL Continued 1 STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because Applicant and his wife are living in an existing house with four (4) children and are expecting twins in September. Applicant is desirous of obtaining a domestic to help care for the children aha has co mrovide living facilities for one person over an existing non-conforming accessory garage presently located on the premises. There is not sufficient room within the presen~ house ~o provide suitable accommodations for said help, and, accordingIy, it would be a practicabIe difficult and unnecessary hardship to the appljcant if ~ne variance was not granted. No additiona! buildings are sought co be constructed on the property by reason of this application and only sleeping quarters are beJn§ requested co be constrdcted in a building which already exists. Subject premises is the applicant's year-round residence. 2. The hardship created is UNIQUE and is n~ shared by all properties alike in the immedi~e vicinity of this ~roper~ and n this use district because the accessory building over which sleeping quarters will be constructed already exist on the property and there is insufficient room in the existing house to satisfactorily accommodate domestic which will be need to help the applicant's wife care for four chiIdren and twins. 3. The 'anance wou~a observe the soirit of the O~inonce and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because no additiona] buildings wilt be constructed on the proper~y and accordingIy the character of ~ne neig~borhood will not change_ by granting this variance. STATE OF NEW YORK ) COUNT SS ~- Signature GARY FLANNJ~.,~0LSENas Attorney Sworr to this ..!..9.'~..h. .................................... day of ...... ~NJ.$f .......................................... 19 84 No. 52-~80~770 ~mmis~ion 6xolr~s ~arch 3~, ]~ OWNER STREET VILLAGE SUB. LOT LAND IMP. VL TOTAL AGE FARM Tillable Tillable Tillable 3 lw%ala, d-- Acre TFARM DATE Value Per / CONDITION TYPE lNG CB. MISC, Mist. Value REMARKS FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD DOCK cOLoP, TR I,M Bldg. Foundation ~,~,~.~' Bath Extension Extension Extension ~)/~ )~]'~ Floors Walls Interior Finish Fire Place Heat Porch ~,. Porchu~,-~ Breezeway Patio TCtal Roof Recreation Room Dormer Driveway Rooms ist Floor Rooms 2nd Floor TITLE NO. 8108-08516~, MONUMENT SUFF. CO. TAX MAP- DIST. I000 SECT. 1:~8 BLK. I I LOT 19 STAKE SURVEY FOR BALA HARI I:iLLAi AT MATTITUCK TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK ~ UNAUTHOfflZEID ALTER~I'ION OR &OOITION TO TNIS JUNE 21, 1982 MAY 4, 1981 DATE : APR. 27, 1981 SCALE: I"= 40' NO. ; 81- 199 GUARANTEED TO: SUFFOLK COUNTY NATIONAL BANK CHICAGO TITLE INSURANCE CO. YOUNG YOUNG ALDEN W. YOUNG. PROFESSIONAL ENGINEER AND LAND SUaVg~a N.~S. LICENS~ ~.1284~ HOWARD W. YOUNG, LAND SURVEYOR N.~S. LICENSE NO. 45895 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 $OUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 March 1, 1989 Mr. James E. Fitzgerald, Proper-T Services P.O. Box 617 Cutchogue, NY 11935 Jr. Re: Appeal No. 3270 - Dr. Bala Hari Pillai Denial Rendered October 11, 1984 Property ID: 1000-126-11-019 Dear Mr. Fitzgerald: Receipt is acknowledged of your February 16, 1989 letter requesting guidance for relief from the Board's previous denial under the previous zoning code. We are not a proper authority to provide you with the legal advice requested in your letter, particularly with reference to the effects of the prior decision rendered by the Board of Appeals under the above-referenced application and to the effects of the recently adopted Master Plan and Zoning Amendments. You should note that it appears the subject premises has been re-zoned to R-40, and copies of the code pertaining to this Zone District may be obtained through the Office of the Town Clerk. Yours very truly, GERARD P. CHAIRMAN GOEHRINGER lk cc: Town Attorney's Office S uthold Town Board of Appeals MAIN RDAD- STATE ROAD 25 $OUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. S.E o Q. RoA. SERGE DOYEN, JR. ROBERT J. DOUGLASS NEGATI~rE ENVIRON~iENTAL DECLAP~TION JOSEPH H. SAWlCKI Notice of Determination of Non-Significance APPEAL NO.: 3270 PROJECT NAME: DR. BALA HARI PILLAI This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environyaental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Variance for sleeping quarters in accy. bldg. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: Pec0nic Bay Blvd., Laurel, NY; County Tax Map No. 1000-126-11-19. REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) Along the seaward end of the premises is an existing bulkhead the full width of the premises in good condition. FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowalski, Secretary, Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802. Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. Proper-T Services POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935 (516) 734 -5800 ~ ~ ~ 1989 _eb. ua.y 16, Mr. Gerard P. Goehringer, Chairman Southold Town Soard of Appeals Town of Southold Town Hall, 53095 Hain Road Southold, New York 11971 Dear Mr. Goehringer: You will recall that we spoke on the telephone at some length on November 1, 1988 about this request for a variance. I have been attempting to get things straight in my own mind, but my main problem at this point is that I have no idea exact- ly which provision of the Zoning Regulations we are seeking re- lief from. I have been over al/ the existing documents and I have carefully reread the Regulations, but I ca,not be certain of exactly how the proposed renovation of Dr. Pil!ai's garage fails to comply with the Regulations. I must, of course, clear- ly understand this in order to continue with my efforts. I would very much appreciate it if you would provide me with the specific reference in the Regulations from which we must seek relief. I feel that then I will be able to carry on a meaningful dialogue with the Board. Thank you very much for your help. ~s tru~ 't zg~!d, Jr. a subsidiary of THE PECONIC EASTERN CORPORATION Southold Town Board .ppeals -14- October 984 Regular Meeting PUBLIC HEARING: Appeal PILLAI to construct sleeping Bay Boulevard, Laurel, NY. No. 3270. Upon application for DR. B.H. quarters in accessory building. Peconic The Chairman opened the hearing at 8:50 p.m. and read the legal notice of hea.ring in its entirety and appeal application. MR. CHAIRMAN: I have a copy of a survey,~last dated April 27, 1981, from Young & Young indicating the approximate placement of the garage on the property which is the nature of this application, and I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Mr. Olsen, would you like to be heard? GARY OLSEN, ESQ.: Yes. My name is Gary Olsen, Main Road, Cutchogue. I am the attorney for the applicants, Dr. and Mrs. Pillai, who owD a parcel of property oD the south, side of Peconic Bay Boulevard in Mattitu~k, NY. ~The property contains approximately 30,476 sq. ft. and bears Suffolk County Tax MOp No. lO00-Section 126, Block 11, Lot 19. This application is for a variance permitting the applicants to construct sleeping quarters above an existing garage. The garage is presently a nonconforming accessory building and is located between the applicants' present home and Peconic Bay Boulevard. The garage as I have scaled it is approximately 90 feet south of Peconic Bay Boulevard. As I pointed out in my application, the applicants find that they now need because of the size an~ increase in the family that they need to hire a fulltime person to help in the caring of their children. There is not presently sufficient room within their home to give housing facilities for their help as well as providing privacy for their help and privacy for themselves. The applicants' circumstances are unique in that they had until just recently four children, six weeks ago Mrs. Pillai gave birth to twin daughters. The family presently consists of a boy nine years old, a boy seven, a boy five, a boy one, and twin daughters, now 6 weeks old. There present house has two bedrooms downstairs and three bedrooms upstairs. Each infant is occupying the downstairs bedroom and Dr. and Mrs. Pillai are utilizing one bedroom upstairs, and then each bedroom upstairs, the remaining two bedrooms, are shared by two boys apiece. The sleeping facility which is proposed above the garage would contain a sitting room, bedroom, closet space and a bathroom, and the total area upstairs would contain about 420 sq. ft. And below the sleeping facilities would be the garage facilities for the parking of cars. I do have a copy of the proposed layout, which I don't know if the board has, which I sought from the Building Department; but if not, I'll~ submit it to you. Southold Town Board of Appeals (Appeal No. 3270 B.H. PiLLAI, MR. CHAIRMAN: Yes, I MR. OLSEN: I w~sh to above the garage, and that utilized by the applicants' -15- October ll, 1984 Regular Meeting continued:) ' ~o. I remember looking at it. Thank you. state that there will be no cooking facilities the garage sleeping_.~rea would only be household help~ ~nd all meals would be shared by that person in the main house.. I also wish to state that the applicants do not wish to create a separate independent dwelling or resjdence, and that the sa~d sleeping facilities would not be used for rental purposes to third parties. It being the applicants' intention that the facilities would only be used by household help in conjunction with the main house. I further wish to point'but to the board that the exterior dimensions of the existing garage will not be changed. It is respectfully submitted that to require the applicants to provide living facilities for their help in the existing, house would require an extensiop to the house, whifh the way the house is laid out, it just would not work. And it would cause a great deal more than providing facilities in the fashion we're recommending. Accord- ingly, it would be an economic hardship. Certainly the applicants' large family with six small children pcesents them with a practical difficulty and an unnecessary hardship, and unique circumstances if the sleeping facilities above the garage cannot be provided for household help. The granting of the variance would not change the character of the neighborhood s~nce no independent residence or dwelling is sought to be constructed. For an intensive purposes, no new building will be constructed. The premises will look, if the variance is granted, basically the way the premises looks at it does now. I respectfully submit that allowing sleeping facilities above the garage.in this day and age is a use customarily incidental to and subordinate to the main use of this property as a single-family residential parcel; and that the granting of the variance would in no way adversely affect the character or the value of the adjoining property owners or of the neighborhood. It' has been brought to my attention by William Jacobs, the applicants' builder, that he obtained a similar-type variance back on November 9, 1978 for a Richard Wall on Nassau Point Road, Cutchogue, your file #2486, to construct an accessory building on Nassau Point in the frontyard, which building has sleeping facilities upstairs. The board granted the application on the condition that the premises would only be used in ~onjunction with the main residence and would not be rented to third parties and would not have kitchen facilities. Dr. and Mrs. Pillai would be willing to agree to similar conditions should the board decide to grant the variance and impose restrictions. Southold Town Board of Appeals -16- October ll, 1984 Regular Meeting (Appeal No. 3270 B.H. PILLAI, continued:) MR' OLSEN (continued:) In closing, I submit that there are practical difficulties and unnecessary hardships in the carrying out the strict letter of the present zoning regulation, and that the board's power to vary or modify such regulations in this case is within the spirit of the zoning chapter, and there is no detrimental effect in the granting of the application to the zoning regulations, public safety, welfare of the community. That by granting this application substantial justice will be done. I do have also present tonight William Jacobs, who is the builder, and if you have any questions-- t know he has some comments that he would like to make also, and you may wish to direct some questions to him if you have any. WILLIAM JACOB~: My name is Bill Jacobs. I'm a builder, and I live on Depot Lane in Cutchogue. The garage apartment, living quarters over the garage, is something that would cost them around $23,000 and it's compared to extending the side of the house and ripping out the dining room and doing a tremendous job on their house in changing the whole set-up and everything. It would probably cost them anywhere between $60,000 and $80,000. So we can't see that it's a hardship -- it's a hardship, an economic hardship to put this kind of money into something for living quarters rather than do something over the garage like we're planning. MR. CHAIRMAN: Mr. Jacobs? We did go down and look and the property. We're aware of the garage. We looked at the garage and the playground area. I think this may be the evening of asking for different things, but before I ask this board to comment on this application or deliberate on it, I think we would like to see the interior--the part of the house that faces the road to see how extensive it really would be to put an addition on the house, ok. As you know it has not been the nature of this board since at least 1980 to grant these applications, ok. MR. JACOBS: Well the f~ont of the house that you're talking about is facing the road. You have the kitchen right off the front. MR. CHAIRMAN: That's on the lefthand side, is it not? MR. JACOBS: Right. And then they have their new playroom that they built with all the stone work and fireplace work and everything in there. And beyond that you have the dining room-- MR. CHAIRMAN: Towards the water? MR. JACOBS: Towards the water more, and that would where the only place that they could--but it would be ripping out all of that dining room and going that way, and then you're getting closer to the Southold Town Board ppeals -17- Octobe , 1984 Regular Meeting (Appeal No. 3270 B.H. PILLAI, continued:) MR. JACOBS (continued): water, you'd have foundations and stuff like that where you don't have it with the garage. And it isn't changing the garage. It is a treed lot. There are lots of trees up there in that area. We're not chang- ing the size of the garage. And we're just as far as the height is concerned, we'd be 18 feet from the ground, which is in accordance with the code for an accessory building. MR. CHAIRMAN: What is the nature of the reinforcement to the existing garage based upon going up? What has to be done? How sophis- ticated do the walls have to be? Do they have to be changed? MR. JACOBS: No. The walls are all-structurally good. The beams are structurally good. There ts a deck in there now. Floor beams, girder. And of course we were ripping the roof out and going up with walls and then the roof. S6-- MR. CHAIRMAN: There would be no reinforcements in the existing foundation? MR. JACOBS: No. We wouldn't need it. MR. CHAIRMAN: I thank you very much. Mr. Sawicki? MEMBER SAWICKI: I notice on the plans there, the toilet facilities, is that going to be a separate cesspool or are they going to hook into the same one? MR. CHAIRMAN: What are you going to do with the cesspools? MR. JACOBS: Right. The-cesspools are there towards in front of the den. We would join into the existing cesspools and the water would come from the existing well in the house. So it would be underground feed to it. MR. CHAIRMAN: Thank you. Anything else? Would anybody else like to speak in behalf of or against the application? Mr. Cron. RICHARD J. CRON, ESQ.: Yes. If it pleases the board. My name is Richard J. Cron. I'm an attorney at Cutchogue, New York. And I am representing an adjacent neighbor, a Mrs. Evelyn A. Stewart, and a landowner to the west, who in fact opposes this application. The reason for Mrs. Stewart opposing the application is she feels it is going to have a detrimental effect obviously on her property values by virtue of basically adding, and while it hasn't been classified as such, the safeguards to enable such not to happen do not exist. In other words, another dwelling on that front single lot, ownership. You can say that it has no kitchen facilities, but all you need is the electricity and you've got kitchen facilities. The house or the addition described meets all of the qualifications of another dwelling with the exception of course of what you want to classify as cooking facilities. With the electricity you can put in a hotplate and you've Southold Town Board of Appeals -18- October ll, 1984 Regular Meeting (Appeai No. 3270 - B.H. P~LLAI, continued:) MR. CRON (continued): got cooking facilities. But that's not the real reason why I would oppose the application in her behalf. I think the board is well aware of the fact that there is a distinguishing difference between a use variance and an area variance. And what is basically sought here is a use variance. And in order to enable one to satisfy a Board of Appeals as to the granting of such a variance, you've got to make a determination firstly, that the property in question or the land in question is not yielding a reasonable return under the present existing zoning ordinance. Well that obviously has not been established here. Nobody has brought forth any proof to show that the property as it is zoned is not yielding a reasonable rate of return. You've got to show them the hardship that the law seeks in a use variance is an economic hard~hip, and it's not a hardship that's predicated on the fact that"Well I can build an extension on the garage or an addition to the garage at a cost less than I can add a desirable extension to the residence." That's not the economic hardship that the law imposes. I don't want to be facetious but I suppose to some extent the hardship is self-imposed. You know, the fact, what really is being spelled out is not really a hardship or an economic hardship. What is being spelled out is an inconvenience, perhaps an inconvenience. I didn't hear anything to indicate that the person or the domestic being employed would necessarily have to live in the house or outside of the house or be working at such time. I would assume that somewhere along the line one gets 8 hours to sleep and whether it's done in the house or whether it's done in the extension or the addition or it's done in one's own home, it obviously can be done. So I don't think that the hardship that is being brought before the board is one which the board can give legal cognizance of. Secondly, the other thing that must be established as far as an applicant for a use variance is uniqueness of the thing, and the hardship, whatever it may be, and of course it's required to be an economic hardship, has to be unique to the property in question. The hardship can't be that which arises by the impact of the zoning ordinance and would be applicable to all other properties in the vicinity. Because that goes to the reasonableness of the ordinance. So that uniqueness test hasn't been met here. It isn't sufficient to say that, "Well, we have an existing garage and it wouldn't be convenient to do all of these things iD the residence, in the principal residence." That doesn't make it convenient. And frankly every time you have a use variance, there is a corresponding effect on the character of the district. You're changing the use of that district and by adding more people, you're changing the use within that district. So while I can be sympathetic to the applicants, I don't think it's something that this board can rely upon in granting the relief requested. I think the board is dictated by what the law imposes upon the board before it can grant a use variance, and I don't Southold Town Board of Appeals -19- October ll, 1984 Regular Meeting (Appeai No. 3270 - B.H. PILL~I, continued:) MR. CRON (continued): think any of those things have been proved to let the board act on that. MR. CHAIRMAN: Thank you, Mr. Cron. Mr. Olsen, did you have anything else to say? MR. OLSEN: I would just like to state again that we're not trying to change the use of this property. The property is still to be used for single-family residential purposes. We are not trying to create a separate dwelling or residence. What we're strictly try- ing to do is limit it to sleeping facilities which would not be rented to third parties. I would only be used for househouse help or other family members. My understanding is that historically until fairly recently maybe,las recent as 1980, was the comment that you made, that the town automatically allowed this sort of thing, and that there's a lot of precedents, throughout the township where people do have sleeping facilities above a garage; and I can't see that is going to be of any negative or detrimental hardship on any adjoining landowners by permitting this. And we're asking for the board's consideration. MR. CHAIRMAN: Thank you. Is there anybody else to speak pro con on this application? Questions from the board members? (None) Victor? (None) Hearing no further questions, I'll make a motion closing the hearing and reserving decision until later. or MEMBER DOUGLASS: Second. On motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, to close the hearing pending deliberations until later in the Matter of Appeal No. 3270, for DR. B.H. PILLAI. This resolutio~ was unanimously adopted. MR. CHAIRMAN: Thank you very much gentlemen for coming in. The hearing was declared closed at 9:15 p.m. Verbatim transcription of the hearings held by the Board of Appeals on October 1~, 1984 were typed by Sara Lenihan, editted by Linda Kowalski. Respectfully submitted, L~w a~~ my Southold Town Board of Appeals COUNTY OF SUFFOLK PETER F. COHALAN SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING LEE E. KOPPELMAN November 8, 1984 Mr. Gerard P. Goehringer, Chairman Town of Southold Zoning Board of Appeals Southold Town Hall - Main Road Southold, N.Y. 11971 Re: Application of "Dr. Bala Hari Pillai" (#3270) Town of Southold (SD-84-15). Dear Mr. Goehringer: Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the Suffolk County Planning Commisson on November 7, 1984 reviewed the above captioned application and after due study and deliberation Resolved to disapprove it because of the following: 1. Sufficient information has not bean submitted to demonstrate compli- ance with applicable variance criteria; 2. It would tend to establish a precedent for the furtherance of such a practice in the locale and throughout the Town of Southold; and 3. The relief requested is substantial in relation to zoning ordinance requirements. Very truly yours, Lee E. Koppelman -'b:~//L~'A~'//~'~"'-~'--''--~Direct°r of Planning/~ GGN:Jk MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI $o,thol Tow. MAIN ROAD. BTATE ROAD 25 ~T~. TELEPHONE (516) 765- October 26, 1984 Gary Flanner Olsen, Esq. Main Road, P.O. Box 706 Cutchogue, NY 11935 Re: Appeal No. 3270 Dr. Bala Hari Pillai Dear Gary: Please find enclosed for your file a copy of the recent determination in the above matter which has been filed simul taneously with the Town Clerk. ' Yours very truly, GERARD p. GOEHRINGER CH~RMAN ./ . Enclosure ~y~Lln~a Kbwalski cc: Suffolk County Planning Commission Building Department $OUTHOLD TOWN BOARD APPEALS -9- November 9, 1978 MR. TUTHILL: Maybe you can think of some other ideas, now that you know what the situation is as far as the Board of Appeals is concerned. On motion by Mr. Tuthill, seconded by Mr. Grigonis, it was RESOLVED to RESERVE decision on Appeal No. 2489 until Thursday, November 30, 1978, at 7:30 P.M. Vote of the Board: Ayes: Messrs: Gillispie, Grigonis, Doyen, Tuthill and Douglass. PUBLIC HEARING: Appeal No. 2486 - Upon application of Richard Wall, 2715 Nassau Point Road, Cutchogue, New York (William J. Jacobs, as Agent), for a variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct an accessory building in the front yard area. Location of property: Nassau Point Road, Cutchogue, New York, bounded on the north by Felix R. Palmeri; east by Little Peconic Bay; south by Bernard E. Goerler; west by Nassau Point Road. The Chairman opened the hearing by reading the application for a variance to the Zoning Ordinance, Legal notice of hearing, affidavits attesting to its publication in the official newspapers, and disapproval from the Building Inspector. The Chairman also read a statement from the Town Clerk that notification by certified mail had been made to: Felix R. Palmeri; Bernard E. Goerler. Fee paid $15.00. THE CHAIRMAN: This application is on the easterly side of Nassau Point Road. The proposal is to place a garage and other rooms at least 100 feet from Nassau Point Road approximately adjacent to a smaller garage on the adjoining property to the south. The house itself is located on the easterly portion of the lot. is there anyone present who wishes to speak for this application? WILLIAM J. JACOBS: I am the builder, and I made the application for this on behalf of Mr. Wall. I see no reason, of course, why they could not have a garage that is back to back with the other garage. It gives them a little view from the garage if they want to use their guest rooms upstairs. Their children come out and they would rather have a guest house for them than crowding them all into the main house. This is their summer place like most of the houses on that side of the street. THE CHAIRMAN: What is the total size of this project? What are the dimensions? This says guest rooms and garage. It could be a 3, 4, car garage. or MR. JACOBS: It is a two car garage 22 feet wide by 24 feet deep. THE CHAIRMAN: 2 cars. 22 by what? , SDUTHOLD TOWN BOARD APPEALS -10- November 9, 1978 MR. JACOBS: 24 feet deep. I would have a full dormer upstairs with 2 rooms and a bathroom and closets. Attached on the east of that building will be a 20 foot by 25 foot den, with a cathedral ceiling with exposed beams and a glass wall facing the water. They would pick up some view from there. Their house is 20 feet from the property line. Being 3 feet from the property line with the garage would give them some view of the water. else. It is for their immediate family, not for anyone THE CHAIRMAN: This is going to be a pretty good size building. MR. JACOBS: They have big kids, too. THE CHAIRMAN: There is one restriction which I am sure you understand. This cannot be used as a rental unit or have any cooking facilities in it. It cannot be used for what constitutes a dwelling unit in the Town. MR. JACOBS: The main purpose of this is to relieve the overcrowding when the kids come out. THE CHAIRMA~N: They must have a lot of kids. MR. JACOBS: They have 4 boys and a girl. The youngest boy is 16 and I think the oldest is 24 or 25. Does anyone else have any questions? MR. TUTHILL: How many bedrooms are there in the main house? MR. JACOBS: There are 2 bedrooms down stairs. There is a tion bedroom and playroom upstairs. It is an 9pen room, but all and all. combina- finished MR. DOUGLASS: height of it? This building that you propose, what is the total MR. JACOBS: I would say approximately 16 or 18 feet to the top of the dormer. Well, you have 8 feet for your garage. Upstairs would be 8 feet and then 4 feet for the roof. About 20 feet overall. MR. DOUGLASS: On an accessory bu~ding, the Code says it may not exceed 18 feet. MR. JACOBS: Then we can bring it down to 18 feet. We will be cuttin~ into the bank a little bit and lowering it a little bit. THE CHAIRMAN: How close to the property line do you propose to go? ~.~. JACOGS: Between 3 and 4 feet off the property line. THE CHAIR~,~AN: How close is the other building? MR. JACOBS: 1 or 1-1/2 feet off the line. SOUTHOLD TOWN BOARD OF~?PEALS -11- ~ovember 9, 1978 THE CHAIRMAN: Isn't that awfully close? But you are not going to have any windows there are you? MR. JACOBS: We aren't. They have some windows there. They have a guest house there also. They have a complete guest house with their garage. THE CHAIRMAN: Do their windows face north? MR. JACOBS: A couple of them do. But they are very small ones. THE CHAIRMAN: Could you go five feet off the line? MR. JACOBS: It would be hard unless we ripped up the entire driveway. THE CHAIRMAN: Aren't you going to lose some of the driveway anyway? MR. JACOBS: A little. I would rather not lose too much if I can help it. I don't see where that much will be gained by going 5 feet instead of 3 feet. THE CHAIRMAN: Have you made the neighbors to the south aware of this application? MR. JACOBS: Well they received the notice. I spoke to Mrs. Goerler again tonight on the phone. I explained it all to her. She wanted to know. I told her she was free at any time to contact the Zoning Board or the Building Department with her attorney. THE CHAIRMAN: Your guest house and garage is not going to have any windows to the south. How will you get cross ventilation in the bedrooms? There is a prevailing wind from the southwest in the summer. MR. JACOBS: They will have ventilation since they are up high. Up in the dormer there will be windows. The dormer is to the east. There will be windows facing the north and east. There will also be one window facing the west. There will no windows on the south side. THE CHAIRMAN: That is where the prevailing wind comes from. MR. JACOBS: That is where the closets will be. It is really keeping everything away from the neighbors. THE CHAIRMAN: And your neighbor okayed this situation? She has no objection? MR. JACOBS: Nobody okays anything. It is up to the Zoning. Board. THE CHAIRMAN: Well, what did your neighbor say? MR.JACOBS: She said that she has an apartment and she is against anyone having an apartment. $OUTHOLD TOWN BOARD OF~PEALS -12- THE CHAIPd~AN: She has an apartment? MR. JACOBS: For their own guest house, THE CHAIRMAN: I do not understand. We were talking about a house. MR. JACOBS own guest house. MR. ~'UTHILL MR. jACOBS MR. TUTHILL MR. JACOBS Okay. Guest house. That is just south of Yes. It looks like a garage. It is a garage with guest house. THE CHAIP~4AN: Does anyone else have any questions? neighbor know how close this will be? MR. JACOBS: I informed her. The only other done was give her sketches. I was not about to run o November 9, 1978 of course. guest Wrong terminology. She has her the building you propose? Does your thing I could have to Garden City. THE CHAIRMAN: MR. JACOBS: I told her 3 feet off the property line. THE CHAIRMAN: Will you have to do some excavating? MR. JACOBS: The property slopes, so we will have to dig out a but no large excavating. You told her it was going to be 4-1/2 feet from her? bit, THE CHAIRMAN: How many blocks will you have on the foundation? MR. JACOBS: We will be 8 inches above ground. The back of the garage will have to be up on blocks a little bit. I guess we can cut out and put blocks against the fence. We will allow for the walk around. THE CHAIRMAN: You are going to have a walk around? MR. JACOBS: Just enough room to get around the back for painting and all. THE CHAIRMAN: This will all be 100 feet from Nassau Point Road. MR. JACOBS: Yes. THE CHAIRMAN: Any other questions. Is there anyone present who wishes to speak against this application? (there was no response.) After investigation and inspection, the Board finds that the applicant wishes to construct an accessory building which will contain SOUTHOLD TO?~ BOARD APPEALS -13- a two car garage and 2 bedrooms above the garage. building will be a room 20 feet by 25 feet. November 9, 1978 On the east, of the The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of the property and in the same use district; and the variance will not change the character of the neighborhood and will ob- serve the spirit of the Ordinance. On motion by }ir. Gillispie, seconded by Mr. Douglass, it was RESOLVED that Richard Wall, 2715 Nassau Point Road, Cutchogue, New York, be GRANTED permission to construct an accessory building in the front yard area as requested. Location of property: Nassau Point Road, Cutchogue, New York, bounded on the north by Felix R. Palmeri; east by Little Peconic Bay; south by.Bernard E. Goerler; west by Nassau Point Road, subject to the following: (1) The premises to be created consisting of a garage and two guest rooms and a cathedral ceiling living room shall not be leased or provided with cooking facilities. Under no circumstances shall a dwelling unit be created out of the combination guest house and garage. (2) Building shall be 3-1/2 feet from the southerly lot line and 100 feet from the property line on Nassau Point Road. (3) Building shall not exceed 18 feet in height. (4) Suffolk County Planning Commission Approval.. Vote of the Board: Ayes: Messrs: Gillispie, Grigonis, Doyen, Douglass and Tuthill. PUBLIC HEARING: Appeal No. 2484 - Upon application of Olympia Kouros, Main Road, Mattituck, New York, for a variance to the Zoning Ordinance, Article III, Section 100-31 and Bulk and Parking Schedule for permission to divide property into 3 lots with insufficient area and width. Location of property: Bunny Lane and Kouros Road, New Suffolk, New York, bounded on the north by Kouros Road; east by Bunny Lane; south by Joseph Arena; west by Salvadore Caridi. The Chairman opened the hearing by reading the application for a variance to the Zoning Ordinance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and disapproval from the Buildwng Inspector. The Chairman also read a statement from the Town Clerk that notification by certified mail had been made to: Salvadore Caridi and Joseph Arena. Fee paid $15.00. THE CHAIRMAN: The application is accompanied by a number of maps referring to Appeal No. 2154 dated July 1, 1976. At that hearing, the Southold Town Board of Appeals MAIN ROAD-STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11cj'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, ,JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI August 20, 1984 Gary Flanner Olsen, Esq. Main Road, P.O. Box 706 Cutchgoue, NY 11935 Re: Appeal No. 3270 Dr. Bala Hari Pillai Dear Mr. Olsen: This letter will confirm the enclosed S.E.Q.R.A. declara- tion conc,]rning this project has been determined and that the board'members will field inspect the premises prior to the date of public hearing, which has been tentatively scheduled for our October Regular Meeting. Due to an abundance of applications, we are unable to arrange for a September hearing date and we apologize. All applications are being processed on a first-come, first-serve basis. Please feel free to call at any time if you have any questions. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN Enclosure By Linda Kowalski cc: Building Department Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BO&RD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHAR LES GRIGONIS, JR. $ o P.. Q . lq . A o SERGE DOYEN, JR. ROBERTJ. DOUGLASS NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H.$AWICKI Notice of Determination of Non-Significance APPEAL NO.: 3270 PROJECT NAMe: DR. BALA HARI PILLAI This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or simil&r project. TYPE OF ACTION: [~] Type II [~J Unlisted [ ] DESCRIPTION OF ACTION: Variance for sleeping quarters in accy. bldg. LOCATION OF PROJECT: Town of Southold, County of Suffolk, particularly known as: Pec0nic Bay B]vd., Laurel, NY; County Tax Map No. 1000-126-11-19. more REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) premises is the full condition. Along the seaward end of the width of the premises in good an existing bulkhead FOR FURTHER INFORMATION, PLEASE CONTACT: Linda KowalsRi, Secretary, Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802. Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. f - JOB JOB No. CC4' OF APPEALS Town Hall Main Road, S.R. 25 Southold, N.Y. 11971 NOTICE IS HEREBY GIV- EN, pursuant to Section 276 of the Town Law and the Provi- sions of the Amended Code of the Town of Southold, a Regular Meeting and the following matters will be held for public hearings by the Southold Town Board of Ap- peals on TH,URSDAYI OCTO- BER 11, 1984, commencing at 7:30 o'clock p.m. at the Sonthold Town Hall, Main Road, Southold, NY and as follows: 7:30 p.m. Applicatioh for J. SCHELLENBACH AND A. RQJA$, 1225 Nimh Street, Greenport, NY fora Variance to the Zoning Ordinance, Article Ill, Section 100-31, Bulk Schedule, for permission to construct deck addition with insufficient side and rear yard setbacks and exceeding the 20% lot coverage require- ment. Location' of Property: 1225 Ninth Street, Greenport, NY; County Tax Map Parcel No. 1000-048-03-028; Green- port Driving Park Subdivision Lot 4. 7:35 p.m. Application of JAMES F. AND ELLEN M. PRESTON, Box 1422, South- old, NY for a Variance to the Zoning Ordinance, Article Ill, Section 100-31 for approval of the insufficient area. and width of this parcel in this proposed set-off of land located along Hyatt Road, Sonthold, NY; County Tax Map Parcel No. 1000-05-01-18.3 (part of 18.00). 7:40 p.m. Application for HENRY DOMALESKI (re. cessed from 9-13.84). For variances: (a) to Article Ill, Section 100-31 for approval of width (b) to New York Town Law, Section 280-A for ap- proval of access. R-O-W off the North side of Oregon Road, Cntchogue; 1000.095- 01-part of 11. 7:4S p.m. Application of PATRICIA AND REINER LOLLQT for variance to Article XI, Section 100-119.1(A) for permission to erect fence exceeding maximum four-foot height requirement at 1120 Ryder Farm Lane, Orient; 1000-01S-05-024.11. (recessed from 9-13-84). 7:50 p.m. Application of RENATE RIEDEL 161 Brook Road, Westhampton Beach, NY 11978 for a Variance to the Zoning Ordinance, Article III, Section 100-31, for approval of an insufficient frontyard set- back of a one-family dwelling structure to be located at 675 Meadow Lane, Mattituck Es- tates Lot 42, Mattituek, NY: 1000-11S-05-007. -8-:05 p.m. Application of EDWARD L. HERRMANN, 1000 Marlene Drive, Matti- tuck, NY for a Variance to the Zoning Ordinance, Article Ill, Section 100-31, for permission to construct addition with reduction of sideyard setback to less than the required 10 feet. Location of Property: 1000 Mariene Drive, Matti- tuck, NY; 1000-114-2-40. _ /'8:15 p.m. Application forX~ ~ DR. BALA HARI PILLAI, by~ Gary F. Olsen, Esq., Box 706,/ Cutchogue, NY 11935 for a[ Variance to the Zoning Ordin-~ ance, Article III, Section 100-) 30(C) for permission to estab-/ lish sleeping quarters in a non-\ conforming accessory build-\ inc. Location of Property: 8280~ Great Peconic Bay Boulevard,} Laurel, NY; 1000-126-11-019..~/ ',- Persons desiring to be heard should do so, either in writing or in person, before or during the public hearing. For addi- tional information, please con- tact our office at 765-1809 (or 1802). .Dated: October 1, 1984. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS - GERARD P. GOEHR1NGER, CHAIRMAN COUNTY OF SUFFOLK ss: STATE OF NEW YORK Patricia Wood, being duly sworn, sGys that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in, Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watch- man once each week for ......................... ../. ............ weeks successively, commencing on the .................................... Swam t.o before me this ............... ;: ............... day of Notary Public BARBARA FORBES Notary Public, Stat~ of New York No. 48(fo846 Qualified in Suffolk County Commission Expires March a0, 19 o~''~ HEREBY GIVEN, ~ to Section 267 of the md the Provisions of Code of the Town Regular Meeting following matters will ~, the OCTOBER commencing at 7:30 M,in'Road, Seuthold, NY !a~ follows: Application for J. AND A. 1225 Ninth Street, NY for a Variance to Ordinance, Article Section 100-31, Bulk t deck addition with insuffi- ~t side and rear yard setbacks ami exceeding the 20% lot cover- ~g~ requirement. Location of Prol~rty: 1225 Ninth Street, Omenport, NY; County Tax Map Parcel No. 1000-04~-03-028; Qmenport Driving Park Subdivi- sion Lot 4. ?:35 p.m. Application of JAMES F. AND ELLEN M. PI~STON, Box 1422, Seuthold, NY for a Variance to the Zoning Ordinance, Article IH, Section 100-31 for approval of the insuf- ficient area and width of this par- c~l in this proposed set-offer land I~ated along Hyatt Road, South- old, NY; County Tax Map Parcel No. 1000-50-01-18.3 (part of 18~00). 7:40 p.m. Application for HENRY DOMALESKI (reces- ~t from 9-13-84). For variances: (a) to Ar~lll, Sect/on for appro1~f width (b) to New York Town Law, Section 280-A for approval of access. R-O-W off the North side of Oregon Read, Cutchogue; 1000-095-01-part of 7:45 p.m. Application of PAT- RICIA AND REINER LOL- LOT for variance to Article XI, Section 100-119.1(A) for permis- sion to erect fence exceeding maximum four-foot height re- ' quirement at 1120 Ryder Farm Lane, Orient; 1000-015-05- 024.11. (recessed from 9-13-84). 7:50 p.m. Application of RE- NATE RIEDEL, 161 Brook Road, Westhampton Reach, NY 11978 for a Variance to the Zon- ing Ordinance, Article III, Sec- tion 100-31, for approval of an insufficient frontyard setback of a one-family dwelling structure to be located at 675 Meadow Lane, Mattituck Estates Lot 42, Mattituck, NY; 1000-115-05- 007. 8:05 p.m. Application of ED- WARD L. HERRMANN, 1000 Marlene Drive, Mattituck, NY for a Variance to the Zoning Or- dinance, Article III, Section 100- 31, for permission to construct addition with reduction of sideyard setback to less than the required 10 feet. Location of Property: 1000 Marlene Drive, Mattituck, NY; 1000-114-2-40. /8:15 p.m. Application for DR.~ [ BALA HARI PILLAI, by Gary F. Olsen, Esq., Box 706, Cutch-/ ogue, NY 11935 for a Variance] to the Zoniflg Ordinance, Article ( HI, Section 100-30(C ) for permis- ~ sion to establish sleeping quar-f ters in a nonconforming acces-~ I sory building. Location of Prop-~ ecty: 8280 Great Peconic Bayt Boulevard, Laurel, NY; ~. Persons desiring to be heard should so so, either in writing or in person, before or during the public hearing. For additional in- formation, please contact our of- rice at 765-1809 (or 1802 Dated: October 1, 1984. BY ORE THE SOUTHOLD BOARD OF AP YORK ) GERARD P. GOEHR] ) SS: CHA~ 1TO4-4678 IFFOLK ) RNN~ T.'~T~KAS of Greenport, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Greenport, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for ONE weeks successively, commencing on the 41~h dayof ©ctob~c 1984 Principal Clerk Sworn to before me this 4 th dayof ©ctcbcr 19~4 JUDITH T. TERRY To: From: Town Hall, 53095 Main Road P.O. Box 728 Southold, New York ! 1971 TELEPHONE (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 24, 1984 Southold Town Board of Appeals Judith T. Terry, Town Clerk Transmitted herewith is Appeal No. 3270 filed by Gary Flanner Olsen on behalf of Dr. Bala Hari Pillai for a Variance. Also included is Short Environmental Assessment Form, questionnaire relative to the N.Y.S. Tidal Wetlands and Use Regulations, Notice to Adjacent Property Owners, Notice of Disapproval from the Building Depar[tment, Application for a Building Permit, and copies of surveys of the property. TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE July ]9, 1984 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. DR. BALA HARI P~LLAI . (We) ................................................................. or ...... ....................... Name of Appellant Street and Number MATTITUCK, NEW YORK ......................................................................................................................... MEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (X) DR. BALA HARI PILLAI Name of Applicant for permit of (no #) Peconic BaX Blvd~ Ma%%i:~.U~k, N w k .. ............................................................................................... ~.....¥.9.r. ............ Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Variance 1. LOCATION OF THE PROPERTY ..(a~.A)...P.ecqnic..Ba%..B1~d .......... A...i¢~i.d~at£a[ ................ Street Use District on Zoning Mop 1000 - 126 - Il - 19 Mop No. Lot No. 2 PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quot.~be Ordinance.) Article [I! Section 100-30C 3. TYPE OF APPEAL Appeal is made herewith for (X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated REASON FOR APPEAL ) A Variance to Section 280A Subsection 3 X) A Variance to the Zoning Ordinance ) ~s requested for the reason that App]icant seeks to construct sleeping quarters in a non- conforming accessory bui]dlng as shown on the survey of Young & Young dated June 21, 1982. (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because Applicant and his wife are living in an existing house with four (4) children and are expecting twins tn September. Applicant ts desirous of obtaining a domestic to help care for the children and has to provide living facilities for one person over an existing non-conforming accessory garage presently located on the premises. There is not sufficient room within the present house to provide suitable accommodations for said he]p, and, accordingly, it would be a practicable difficult and unnecessary hardship to the applicant if the variance was not granted. No additional buildings are sought to be constructed on the property by reason of this application and only sleeping quarters are being requested to be constructed in a building which already exists. Subject premises is the applicant's year-round residence. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because the accessory building over which sleeping quarters w111 be constructed already exist on the property and there is insufficient room in the existing house to satisfactorily accommodate domestic which w11! be need to help the applicant's wife care for four children and twins. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because no additional buildings will be constructed on the property and accordingly the character of the neighborhood will not change,: by granting this variance. STATE OF NEW Y~ORI~ ) ,/ // COUNTY SS GARY FLANN~(~[s~g, as ~Attor ey Sworn to this ..!.~).~.1]1 ..................................... day of ...... J~ly .......................................... 19 84 Notar. f Public l~ the Stale of NIW T~ No. 52-6806770 Residing in ~uffolk ~unly ~g Commission Exptre~ March 3~ ~ BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of DR. BALA HARI PILLAI to the Board of Appeals ofthe Town of Southold TO: JANET REDHEAD EVELYN A. STEWART NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (~Rf~i]~(~Xt]~t~Rt~)[](~III~k~RIXl~kXX~X) [circle choice] to construct sleeping quarters in a non-conformin9 accessory buildin9 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: north by Peconic Bay Blvd., East by Redhead, South by Peconic Bay, West by Stewart 3. That the property which is the subiect of such Petition is located in the following zoning district: A Residential1 4. That by such Petition, the undersigned will request the following relief: permission to 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are ~tJ. cle 3 Section 100-30C 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma)' then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing m,~ Board of Appeals; that a notice of such hearing must be published at leas/fi, hearing in the Suffolk Times and in the Long Island Traveler-Mattituck~ Town of Southold and designated for the publication of such notices;,~ t¥ right to appear and be heard at such hearing. Dated: July 19, 1984 . Petitioner held on the matter by the ys prior to the date of such tan, newspapers published in the ~ o! your representltive have the OLSEN, as attorney Post Office Address P.O. Box 706 Cutchogue. New York 11935 PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS Janet Redhead Evelyn A. Stewart RDL, Box 24, Mattituck, NY 11952 610 Forest Avenue, Larchmont, New York 10532 STATE OFNEWYORK) COUNTY OF SUFFOLK) SS.: MURIEL E; WREDEN , residing at Cutchoque, New York 11935 ~ · , being duly sworn, deposes and says that on the of .lu1 v ,19 R& , deponent mailed a true copy of the Notice set forth on the re- verse ~id-~ I~ereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- rice at Cutchogue (certified) (registered) mail. Sworn t t?,~ 19th day of ,19.84 ; that said Notices were mailed to each of said persons by No. 52-29596C3 G~u_n~ificq !n Suffolk County T~m Exph:,~ Ma~ch 30, 0 0 0 0 0 SHORT ENVIRO~p,tENTkL ASSESSMENT FO~M INSTP.,UCT!C~:S~ (a) In order to answer the questions in this short EAF is is assumed that the preparer will use currently available information eoncer~ing the project and the likely impacts of the action· It is not exT. ested that additional studiee~ rssearch or other investigations will be undertaken. (b) If any question has been answered Yes the project may be significant and a ecmpleted Envirommental Assessment Form is necessa~/. (c) If all questions have been answered No it is likely that this project is no...~, significant. (d) Enviror~ental Assessment Will project result in a large physical change to the project site or physically alter more than l0 acres of land? ....... Will there be a major change to any unique or unusual land form found on the site? Yes ~ No Yes X No 3. Will project alter or have a large effect on an existing body of water? . . . . . Yes E No Will project have a potentially large impacO on gro,~dwater quality? .... . . . Yes W No Will project significantly effect drainage flow on adjacent sites? . . . . · · · Yes W No 6. Will project affect any threatened or endangered plant or anLm. ml species? · . · · · · Yes ¥ No 7. Will project result in a major adverse effect on air quality? . . · · . . . Yes ~ No Will project have a ~aJor effect on visual char- acter of the community or scenic views or vistas known to be important to the community? · · Yes ~ No e Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critica~ environmental area by a local agency? · . · Yes ~..__ No 10. Will project have a major effect on existing or future recreational opportunities3 · · . Yes X Nc 11. Will project result in major trsffic problems or cause a major effec~ to existing transportation Yes ~ No 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? · Yes X, No 13. Will project have any impact on pub].ic health or Yes X No iL. Will project Affect the existing community by directly causing a growth in permanent popula- tion of more than 5 percent over a one-year period or have a ma~pr negative effect On %he character of the ~m.~unity or neighborhoodS.. Yes~ 15. Is there pub~o~rcv~y con, ming the project? Yes K OUEST!ONNAIRE TO 13E COMPLETED AND FILED WITH APPLICATION TO THE Z.B.A. The New York State Tidal Wetlands and Use Regulations, 6 NYCRR, Part 661, requires an application to the N.Y.S. Department of Environmental Conservation, Environmental Analysis Unit, Building 40, S.U.N.Y., Stony [3rook, NY 11794, (tel. 516-75I.-7900), if you have checked Box #1 and/or Box #6 below. Please either call their office or personally visit them at their Stony Brook office for instructions and application forms. Once you have received written notification of approva please provide our office with a copy (with the conditions) as early as possible in order that we may continue processing your Z.B.A. application. [ ] I. Waterfront without bulkheading [ /,,~""~ 2. Waterfront with bulkheading in good condition [ ~,-"~e full length of the property [ ] at least 100' in length [ ] 3. Not located within 300' of waterfror~t or wetlands area [ ] 4. May be located within 300' of waterfront or wetlands area; however, the following structure separates my property from this environmental area: [ ] 50' existing road [ ] existing structures [ ] bluff area more than 10' in elevation above mean sea level [ ~'"/5. This proposed addition/expansion of an existing building will be more titan 75' from the landward edge of tidal wetlands/waterfront areas. [ ] 6. This proposed addition/expansion of an existing building will NOT be more than 75' from the landward edge of tidal wetlands/waterfro~t area. [ ] 7. Please be aware that any and all subdivisions and new dwellings will also require an application to the N,Y.S, Department of Environmental Conservation for their review and approval, If you are able to provide them with recent photographs of tile project and wetland areas, it would help expedite the processing of your applica- tion. This questionnaire is made to explain the requirements of this State t. aw and to prevent any unnecessary delays in processing your application(s). 10/831k / / ?