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HomeMy WebLinkAbout3138 Southold Town Board of Appeals MAIN I~OAD- STATE I~rlAD 3.5 ~:OUTHOLD, L.I., N.Y. 11~T1 TELEPHONE (516) 766-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3138 Application Dated May 24, 1983 TO: Mr. Alfred J. Terp 1435 Hobart Road Southold, NY 11971 (Public Hearings 6/23/83 and 7/28/83) [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on S.e. ptember 13¢ 1983 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 [X] Request for Variance to the Zoning Ordinance Article III , Sections 100-31 and 100-34 Request for The public hearings on this application were held on June 23, 1983 and July 28, 1983. Upon application of ALFRED J. TERP, 1435 Hobart Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Sections 100-31 and 100-34 for permission to construct bathroom addition to dwelling leaving an insufficient sideyard setback, at 1435 Hobart Road, Southold, NY; County Tax Map Parcel No. 1000-064-002-012. The board made the following findings and determination: By this appeal, applicant seeks permission to construct a 6' x 15.4' addition along the northerly side of the existing dwelling structure, 8.3 feet from the northerly property line (as shown on survey dated May 11, 1983 by Young & Young), exclusive of patio setback, for use as a bathroom. The premises in question contains an area of 11,250 square feet with 75' frontage along Hobart Road. The setbacks of the existing one-family dwelling are: (a) 37.2' at its nearest point from Hobart Road; (b) 14.1' from the northerly side line [excluding root cellar-patio], and 4.5' sideyard setback from the existing root cellar-patio, which construction has not been approved by the building department to date (see letter of July 5, 1983 from the building inspector); (c) 19.8' from the southerly side line; (d) 96' rearyard setback. At the back porch area (which would adjoin the proposed addition) there is an entrance stoop approximately 7' by 7.6'. Also existing on the premises is an accessory garage structure in the extreme southwest corner of the rearyard. For the record it is noted that the dwelling on the parcel north of the subject premises is set back approximately 14.5 feet from the same lot line, being their southerly side line. Existing between the two properties is a stockade fence which is shown on the above- mentioned survey as being 0.2 feet south of the applicant's property line and 0.8 feet at the extreme west end of this side yard area. In considering this appeal, the board determines: (1) that the variance request may be detrimental to adjoining property; (2) that the relief requested will not be in harmony with or pro- mote the general purposes of zoning; (3) that the relief requested (CONTINUED ON PAGE TWO) DATED: September 21, 1983. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Page 2 - Appeal No. 3138 Matter of ALFRED J. TER~ Decision Rendered September 13, 1983 may alter the essential character of the neighborhood; (4) that the difficulty can be obviated by a method other than a variance; (5) that the circumstances are not unique; and (6) that the interests of justice would best be served by denying the variance applied for. On motion by Mr. Grigonis, seconded by Mr. Doyen, it was RESOLVED, that Appeal No. 3138, application for ALFRED J. TERP for permission to construct addition, BE AND HEREBY IS DENIED. Location of Property: 1435 Hobart Road, Southold, NY; County Tax Map Parcel No. 1000-64-02-012. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. RECEIVED AND FILED BY sou ou Southold Town Board of Appeals located at 33260 S.R. Minor Subdivision Map 097-02-016.5. APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, a Regula~ Meeting and the following Public Hearings will be held by the Southold Town Zoning Board of Appeals at the Southold Town Main Road, Southold, New York, on THURSDAy, JULY 28, 1983~ Hall, commencing at 7:30 o'clock p.m. and as follows: Recessed Hearing: Appeal No. 3138 - ALFRED J. TERP. 7:35 p.m. Application of THOMAS KENNEDY, 120 Log Road, Pat- chogue, NY 11772 for a Variance to the Zoning Ordinance, Article III, Section 100-30 (A) for permission to use property for business pur- poses, to wit: Video Tape Rental and Equipment Sales, at premises 25 and 225 Eugene's Road, Cutchogue; Filla 72, Lot 1; County Tax Map Parcel No. 1000- 7:40 p.m. by Garrett A. Application for ORIENT-EAST MARION PARK DISTRICT, Strang, 54635 Main Road, Southold, NY for a Variance to the Floodplain Management Law,~Chapter 46, Sections 46-7 and 46-18B for permission to construct sanitary facilities with first floor below minimum required flood elevation level. Location of Property: North Side of main ROad, East Marion, NY; County Tax Map Parcels No. 1000-017-05-006 and part of 007; 1000-023-2-part of 001 and 003. 7:45 p.m. Application for RVSS, Inc. (Razmataz), by Garrett A. Strang, Main Road, Southold, NY for a Variance to the Zoning Ordi- nance, Article III, Section 100-112H for permission to develop and use parking on adjacent (leased) property identified as County Tax Map Parcel No. 1000-125-01-19.1; 1000-122-6-36. 7:50 p.m. Application of ROBERT W. GILLISPIE III, Main Road, East Marion, NY for a Variance to the Zoning Ordinance, Article VII, Section 100-71, and Bulk Schedule, for approval of insufficient area, width and sideyard setbacks of building in this proposed two-lot division of property located at the northeast corner of Beckwith Avenue and Main Road, Southold, NY; County Tax Map Parcels No. 1000-061-02-005, 006, 007. a e 2 - Legal Notice of Hearings Regular Meeting of July ~, 1983 Southold Town Zoning Board of Appeals 8:00 p.m. Application for RICHARD DeMARIA, by Garrett A. Strang, Main Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Sections 100-31 and 100-34 for permis- sion to construct addition with reduction in rearyard setback at 900 Minnehaha Boulevard, Southold, near Laughing Waters; County Tax Map Parcel No. 1000-087-02-006. 8:05 p.m. Application of SOUTHOLD EQUITIES, INC., 195 Youngs Avenue, Southold, NY for a Variance to the Zoning Ordinance, Article VII, Section 100-70 for permission to establish residential and studio use of an existing building in this "B-1 General Business" District, located along the south side of Traveler Street, Soutnold, NY; County Tax Map Parcel No. 1000-61-01-015. 8:10 p.m. Application of DAVID AND BONNIE PASCOE, 900 ~aywaters Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-119B for permission to erect 6' fence which would exceed the maximum-height requirement along the front yard, at premises known as 900 Haywaters Road, Cutchogue; Nassau Point Properties Map 763, Lot 11; County Tax Map Parcel No. 1000-111-03-06. 8:15 p.m. Application for ROKE'S MARINA, INC., by A.A. Wickham, Esq., Main Road, Mattituck, NY, appealing a decision of the building inspector to vacate Order to Remedy Violation, pursuant to Article XII, Section 100-12IA. Provisions of the Zoning Ordinance Appealed: Articles I, 100-13; II, 100-23A; VIII, 100-80(B) [14] & [15]; XIV, 100-144~A) I2] (B); XI, 100-118. Location of Property: East Side of New Suffolk Road, New Suffolk, NY; County Tax Map No. 1000- 117-5-28 & 29. 8:25 p.m. Application of PHILIP FRUMENTI, 3825 Stars Road, East Marion, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct carport in the frontyard area, at 3825 Stars Road, East Marion, NY; County Tax Map Parcel No. 1000-022-06-026. 8:30 p.m. Application of JACK AND LEE LEFKOWITZ, (F.J. Christie, ~nd wife, owners), 25 Downing Avenue, Sea Cliff, NY 11579 for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct one-family dwelling with an insufficient frontyard setback, at premises located on a private right-of-way off the north side of Summit Drive, which premises also fronts along the south side of Sound Beach Drive, Mattituck, Cpt. Kidd's Estates Part of Lot 11; County Tax Map Parcel No. 1000-106-01-042.1. 8:35 p.m. Application of JOHN ANTONIOU, 155 East Road, Matti- tuck, NY for a Variance the Zoning Ordinance, Article III, Section Pgge 3 - Leqal Notice of Hearings Regular Meeting of July ~f, 1983 Southold Town Zoning Board of Appeals 100-34 for permission to construct deck addition with ~n insufficient frontyard setback, at 155 East Road, Mattituck, NY; Cpt. Kidd's Estates Map 1672, Lot 111; County Tax Map Parcel No. 1000-106-03-009. 8:45 p.m. Application of HENRY AND VIRGINIA STEINBRECHER, 1525 Haywaters Road, Cutchogue, NY for a Variance to the Zoning Ordi- nance, Article III, Section 100-31 for permission to construct addition with an insufficient frontyard setback, at 1525 Haywaters Road, Cutchogue, NY; Nassau Point Subdivision, Section D, Map 806, Lot 333; County Tax Map Parcel No. 1000-111-4-12. DATED: JUNE 30, 1983. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN For further information, please contact Linda Kowalski at the Southold Town Hall 765-1809 (or 1802). Copies to the following on or about July 11, 1983: Mr. Alfred J. Terp~ Mr. Thomas~K~nnedy Mr. Garrett A. Strang Mr. Robert W. Gillispie, III Soutnold Equities, Inc. - Loretta DiMaggio, President, Street, Massapequa Park, NY 11762 Mr. and Mrs. David Pascoe Abigail A. Wickham, Esq. for Rok~'s Marina Mr. Philip Frumenti Mr. and Mrs. Jack Lefkowitz Mr. John Antoniou Mr. and Mrs. Henry Steinbrecher Suffolk Times, Inc. L.I. Traveler-Watchman, Inc. Supervisor Town Board Members Z.B.A. Members Building Department Planning Board Town Clerk Bulletin Board 390 Rose FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ . ...... PLEASE TAKE NOTICE that your a._..__pplication dated..~-------~./. ~... J~. · ...... , for permit to construct....~....c~..c~.~../. &g~'Z.,,-~.... ,~..~...~-..o?...,p~.: .................. at House No. Street Hamlet County Tax Map No. 1000 Section ...~..6..~. ..... Block .... tSt~. ..... Lot .t~. ~'~. ....... Subdivisio~q*'.~' .~,r~..~..~.~.~... Filed Map No.. d (.~.~ ....... Lot No...(~. ........... is returned herewith and disapproved on the follow~g ~ounds ~~e.~..~~ .... RV 1/80 FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 765-1803 Examined ................ ,19... Approved ................. 19... Permit No ............ Disapproved a/c ..................................... Application No .................. (Building Inspector) APPLICATION FOR BUILDING PERMIT INSTRUCTIONS a. Tins application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of tins appli- cation. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall 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 Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. - (Signature of applicant, or name, if a corporation) (Mailing address of applicant) State whether applicant xs owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. / ~/ ' (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. (Name and title of corporate officer) Builder's License No ................ Plumber's License No ......................... Electrician's License No ....................... House Number Street County Tax Map No. 1000 Section ..... ~..~.?~.. ....... Block ...67. ~..~. S nb division'~.*-'~..~. ~'~..~.~ ~ne~7/..Z~..~. Filed Map No. (Na Other Trade's License No ...................... Location of land on which proposed work will be done .... ./..~..~.>~.../~..(~.. .................... /. :. : .............. . .................... ........... Hamlet ........... Lot.. ~.,(.6~7 ........... . .x.,::. ....... 2. State existing use and occupancy of premises and intended use a~_c~a, ncy of proposed construction: a. Existing use and occupancy ]~ ~z,~6 - %/"-~ ' - ' ..... '; '/' ......... '; ....... , - ............... b. Intended use and occupancy ..... l.~te/3~ .... .7t,//.. ,,~_/.c~.~. (.c. ~ ............................ ,t-9" . of work (check wh lc): ew Building_---l.t.-- ----e- " ,~ (Description) 4. Estimated Cost ...................................... Fee ...................................... (to be paid on filing this application) 5. If dwelling, number of dwelling units... ~ ....... Number of dwelling units on each floor ................ If garage, number of cars ........................................................................ 6. If business, commercial or mixed occupancy, specify nature and extent of each_type of use ..................... 7. Dnnenslons of existing structures, if any: Front .... 3..L ........ Rear . ..~.~ ......... Depth...2:. ~. ......... Height . ~ O. ~ ......... Number of Stories .... & .................................................. Dimensions of same structure with alterations or additions: Front ................. Rear .................. Depth ...................... Height ...................... Number of Stories ...................... 8. Dimensions of entire new construction: Front ............... Rear ............... Depth ............... Height ... ~.O..' ........ Number of Stories ....... ~- ................................. <.., ........... 9. Size of lot: Front .... ~..~:.*. ............ Rear ...... ~..3.'.: .......... D~epth ..... /..k .~. ............ 10. Date of Purchase .... ....... Name of Former Owner . ~,~..~.75..O...M. ................ 11. Zone or use district in which premises are situated ....................................... 14. . . 7. 6 Name of Architect ........................... Address ................... Phone No ................ Name of Contractor .......................... Address ................... Phone No ................ PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and~ indicate all set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or comer lot. STA~ iE OF NEW YORK, ~ COUNTY OF ..... ~. Ul j~j ..--#.~..~,.. S.S j~ .L..~ .~. ~ ...... ~..¢ .T. ~ .~ ............... being duly sworn, deposes ~d says that he is tie applicant (Name of individual si~ing contract) above named. (Contractor, agent, corporate officer, etc.) of said owner or owne~, ~d is duly authorized to perfo~ or have perfo~¢d the said work ~d to m~e ~d f~e ~s application; that ~1 statements contained ~ this application am true to the best of his ~owledge and ben,f; ~d that the work w~l b~ perfo~ed in the m~ner set forth ~ the application filed therewith. Sworn to b~fore m~ this ....................................... 19 Nota. Public, ~.. County TOWN OF SOUTHOLD, NEW YORK M AY~ P, 4 1~3 APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We)...Atf.r.e.~,..J.,...T.e.r.p ................................. of ....L~'3.5.....H..°...b.e..r..t....R..d.r ........................................... Name of Appella,nt Street and Number Southold ................................................................................................. lt..Y. ................. HERESY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) Name of Applicant for permit of ..... .~,~;~ ,% .~.9.b~.r.t.....~..d., ........................... .s..o..q .t.h .o. ~ .d. .................... .N..:.Y..: ........................ Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY (X) Construct Bathroom Addition 1. LOCATION OF THE PROPERTY 1~35. }io. har~; i~,(/~ .R..~;Ld..e.n.t.i. al Count,v...~.~.x...M.~R.)' ......... Street Use District on Zoning Map ... ,t O~ ~:~ 0 f' ~..-..02,:.O.L~. ........................ L7. ................... Mop No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article III Section 100-31Bulk Schedule & Section lO0-34(amended 2/1/83 renumbered from Section 100-36) 3 TYPE OF APPEAL Appeal is made herewith for (×) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (h~) (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 ...................................................................... ( ) (X) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that Present side yard set back is not sufficient to permit this proposed addition. Form ZB! (Continue on other side) REASON FOR APPEAL Continued I. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sory HARDSHIP because 1. Would not permit a bathroom on the first floor. 2. Plaeed to the ~t, I would have to rip out my back poreh and build a foundation, which would then create a 20 feet wall instead of the existing 12 feet wall. 3. Placed to the West, I would have to build a foundation and change my grease trap. 4. Placed to the South, I would have to build in my driveway. 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 Of the way the house and drive are situated on my property, 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because 1. The arehitecture of my house will be unified. 2. Building over an existing slab whieh would act as the foundation. OF ~-- , ss ............................ Sworn ,o this ............... ..~.....~..~i ..... doy of....~i ............................ lC~-~ p.~ldl/t~ {n Suffolk Count~ _ , ~ NO. ~2-713531§ ~ C~ b°~l i,~50 . \ SURVEY FOR *' 4LFRED TERP LOT NO. 17, "FOU/VDERS ESTATES" AT SOUTHOLD DATE : TOWN OF SOUTHO~ ~ALE, /" = ~o- SUFFOLK COUNTY, NEW YORK NO. = 8~319 ~ ADDITIONAL INSTITUTION8 OR SUBSEQUENT RIVERHEAD , NEW YORK ALDEN W. YOUNGtPROFESSIONAL E~INEER HOWARD W. YOUNG, LARD SURVE~R N.~S. LICENSE ~. ~893 · = NIONUI~£NT SUBDIVISION MAP FIL£D IN ~ OP,~'IC£ OP THE C~RK OF SUFFOLK C~NTY ON MAY I0, 19~Y AS MAP NO. ~4 SUF~ CO. TAX MAP I0~ 0~4 O~ 01~ · · V/~l IM/"~- ~. V/~l IM/"'~- 4GO OSTRANDER AVENUE  I VUI~g ~ /rUing RIVERflEAD,NEW YORK I ~ ALDEN W. ,OUNGtPROFESSIONAL E.INEER ' A I HOWARD W. YOUNa, LAND SURVE~R . I ~ N.Y$. LICENSE ~. ~8~ . SMITH, FINKELSTEIN, LUNDBERG, CRIMMINS ~ YAKABOSKI April 3, 1985- Mr. Gerard Goehringer, Chairman Zoning Board of Appeals Town of Southold Main Road, Route 25 Southold, New York 11971 Dear Gerry: Please give me a call to make arrangements to come in and verify the Answer of the Board of Appeals in the Truckenbrodt matter. Also, please advise me of what, if anything, the Board ever did to re-consider the Terp matter and issue a new decision. FJY:mo Very truly yours, SMITH, FINKELSTEIN, LUNDBERG, CRIMMINS AND YAKABOSKI ATTORNEYS AND COUNSELORS Ar LAW Mr. Gerard P. Goehringer, Chairman Southold Town Board of Appeals Main Road, State Road 25 Southold, New York 11971 May 7, 1984 Re: Terp v. ZBA Dear Gerry: I am enclosing a copy of a Decision received just today in connection with the above referenced. The determination gives Mr. Terp another bite at the apple, and we will have to defend on the merits. Enclosure FJY:mo Very truly yours, °" · MEMORANDUM SUP'REME COURT. SUFFOLK COUNTY In the Matter of the Application of ALFRED J. TERP, Petitioner, VS. GERARD P~i' GOEHRINGER, CHARLES GRIGONIS, JR., SERGE DOYEN, JR., ROBERT J. DOUGLASS, JOSEPH H. 'SAW constitutinq the ZONING BOARD OF ~ APPEALS OF THE TOWN OF SOUTHOLD, Respondents. RICHARD J. CRON, ESQ. By: jAMES J. CRON, ESQ. Attorneys for Petitioner Main Road, Box 953 Cutchogue, New York 11935 SPECIAL TERM PART I BY 1/5TDERWOOD,JR. J. S. C. DATED April 25, 1984 19 Index No. 84-3515 Motion Nos. 2,215 & 2,285 Motion Date 3/22/84 SMITH, FINKELSTEIN, LUNDBERG, C/Ib~INS and Y~fABOSKI, ESQS. Attorneys for Respondents 456 Griffing Avenue, Box 389 Riverhead, New York 11901 This case squarely presents the issue of the consequence of a dismissal of petitioner's CPLR Article 78 proceeding because he failed to comply with the time provisions of CPLR 7804(c) and his commencement of a second proceeding. Petitioner brings this CPLR Article 78 proceeding to reverse, annul and set aside the decision of respondents filed on September 22, 1983 and then to grant his application for an area variance. Respondents have moved to dismiss the petition (CPLR 7804(f)) upon the ground that it was untimely commenced. The decision of respondents, as above noted, was filed on September 22, 1983 and respondents state that this petition was served on February 9, 1984, some 4-1/2 months after the decision was filed, contrary to the 30-day time limit provided in Tow~ Law sec 267(7). Petitioner commenced a timely proceeding on October 21, 1983 but his petition was not "served on any adverse party at least twenty days before the time at which the petition is noticed to be heard" (see CPLR 7804(c)). His petition w~s dismissed by an order dated December 5, 1983. MEMORANDUM SUPREME COURT, SUFFOLK COUNTY In the Matter of the Application of ALFRED J. TERP, Petitioner, V$. GERARD P. GOEHRINGER, CHARLES GRIGONIS, JR., SERGE DOYEN, JR., et al, Respondents. SPECIAL TERM PART I BYUNDERWOOD, JR. DATED J. S. C. April 25, 1984 19 Index No. 84-3515 Motion Nos. 2,215 & 2,285 Motion Date 3/22/84 Page Two Respondents contend that this second proceeding should be dismissed because the original proceeding was dismissed upon the ground of a "failure to commence an action, be it due to a failure of process or some similar reason" (see George v. Mt. Sinai Hospital, 47 NY2d 170 at 179). In other words, since the first proceeding was a nullity, this second proceeding is untimely. Petitioner counters and seeks to utilize the provisions of CPLR 205 which provide that a plaintiff (petitioner in this case) "may commence a new action upon the same transaction or occurrence within six months after the termina- tion...'' Petitioner states that "in the case at bar, the first action was dismissed because of a technical defect which deprived the court of the power to hear the cause of action" and that this second proceeding is brought within six months thereafter. A leading treatise has commented that "the time periods appear to be enforced rigorously. Where the petition was served less than twenty days before the noticed return date, the proceeding has been dismissed for that reason alone (emphasis added). Of course, short service can always be waived by respondent and where special circumstances appear, the failure to comply with subdivision Prac par the court, in its discretion, can ignore (c)" (8 Weinstein-Korn-Miller, N.Y. civ 7804.05 p 78-115). Furthermore, in the unusual case of Stream v. MEMORANDUM SUPREME COURT, SUFFOLK COUNTY In the Matter of the Appl~ation of ALFRED J. TERP, Petitioner, VS. GERARD P. GOEHRINGER, CHARLES GRIGONIS, JR., SERGE DOYEN, JR., et al, Respondents. Beisheim SPECIAL TERM PART I BY UNDERWOOD,JR. DATED J. S. C. April 25, 1984 19 Index No. 84-3515 Motion Nos. 2,215 & 2,285 Motion Date 3/22/84 Page Three (34 AD2d 329) the court stated that the proceeding must be dismissed because petitioner did not comply with the time provisions of CPLR 7804(c) and then decided the proceeding on the merits. In fact, the two cases cited by my brother J~stice Gerard in his order dated December 5, 1983 dismissed the pro- ceedings because petitioners did not comply with the time provisions of CPLR 7804(c) (Trivedi v. State Board of Law Examiners, 86 AD2d 179; Stoddard v. Town Board of the Town of Marilla, 52 AD2d 109). In short, the courts have merely for inadequate notice" (Stoddard v. Town Board of and not upon the failure to timely serve "process" dismissed "the proceedings the Town of Marilla, supra) (see George v. Mt. Sinai Hospital, supra). Finally, the time provision in CPLR 7804(c) is similar to the time provi- sion in CPLR 3213 and failure to comply with that time provision is, in reality, a procedural defect (see e.g. Flushing National Bank v. Brightside Mfg. Inc., 59 Misc2d 108). Since service of the first proceeding was proper (service upon a board member is proper - croissant v. Zoning Board of Appeals of the Town of Wood- stock, 83 AD2d 673 - compare CPLR 312), petitioner can invoke the time period specified in CPLR 205 to commence another proceeding based upon the same trans- action or Occurrence. MEMORANDUM SUPREME COURT, SUFFOLK COUNTY In the Matter of the Application of ALFRED J. TERP, Petitioner, VS. GERARD '~-i~ GOEHRINGER, CHARLES GRIGO[qIS, JR., SERGE DOYEN, JR., et al, Respondents. SPECIAL TERM PART I UNDERWOOD, JR.J.S.C. DATED April 25, 1984 19 Index No. 84-3515 Motion Nos. 2,215 & 2,285 Motion Date 3/22/84 Page Four Accordingly, respondents' motion to dismiss is denied and the parties shall comply with the provisions of CPLR 7804(f). So Ordered. WILLIAM L. UNDERWOOD, ~R, J.S.C. SUPREME COURT : SPECIAL TERM, PART I COUNTY OF SUFFOLK : STATE OF NEW YORK In the Matter of the Application of . NOTICE ALFRED J. TERP, Petitioner, OF - against - PETITION GERARD P. GOEHRINGER, CHARLES GRIGONIS, Index No. JR., SERGE DOYEN, JR., ROBERT J. DOUGLASS, JOSEPH H. SAWICKI, constituting the ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD, Respondents. SIRS: PLEASE TAKE NOTICE that upon the annexed verified Petition of ALFRED J. TERP, sworn to on the 26th day of January, 1984, and the exhibits annexed, and the Petitioner's Memorandum of Law, an application will be made to the Court at a Special Term, Part I thereof, to be held at the Court- house, Griffing Avenue, Riverhead, New York, on the ~day of ~~%1984, at 9:30 o'clock in the forenoon of that day, or as soon thereafter as counsel can be heard, for a judgment granting the relief demanded in the Petition, and that a verified answer and supporting affidavits, if any, must be served at least five (5) days before such time. PLEASE TAKE FURTHER NOTICE that pursuant to ~7804 of the Civil Practice Law and Rules, you are directed to file with the Clerk of the Court your answer and any answering affidavits, etc., together with a certified copy of the trans- cript of the record of the proceeding, together with the entire official file containing the records of the Petitioner herein held by the Respondents as official records kept by the Respon- dents. Suffolk County is designated as the place of trial on the basis of: Petitioner's residence is in the Couhty of Suffolk and his residence is the subject of this action. Dated: Cutchogue, New York January 27, 1984 Yours, etc. RICHARD J. CRON, ESQ. BY: JAMES J. CRON, ESQ. Attorneys for Petitioner Office & P.O. Address Main Road - Box 953 Cutchogue, N.Y. 11935 (516) 734-5100 TO: GERARD P. GOEHRINGER CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Constituting the ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD Southold Town Hall Main Road Southold, N.Y. 11971 SUPREME COURT : SPECIAL TERM, PART I COUNTY OF SUFFOLK : STATE OF NEW YORK In the Matter of the Application of ALFRED J. TERP, Petitioner, VERIFIED PETITION - against - Index No. GERARD P. GOEHRINGER, CHARLES GRIGONIS, JR., SERGE DOYEN, JR., ROBERT J. DOUGLASS, JOSEPH H. SAWICKI, constituting the ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD, Respondents. TO THE SUPREME COURT OF THE STATE OF NEW YORK, COUNTY OF SUFFOLK: The Petition of ALFRED J. TERP respectfully shows: FIRST~ That your Petitioner, ALFRED J. TERP, is the owner of the real property, with the buildings thereon, described and designated as follows: Lot No. 17, "Founders Estates" 1435 Hobart Road Southold, County of Suffolk, State of New York SECOND: That the Respondents, GERARD P. GOEHRINGER, CHARLES GRIGONIS, JR., SERGE DOYEN, JR., ROBERT J. DOUGLASS and JOSEPH H. SAWICKI, at all times hereinafter mentioned con- stituted and still constitute the ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD, of which said BOARD the said Respondent, GERARD P. GOEHRINGER, is and was at all times hereinafter men- tioned its President. THIRD: petitioner appl 1435 ltobart Road, FOURTI!: That :on (or about th,} }lst (lay of March, 198 ",, to ~ ~, said ZONING 13nAR~3 OF APPEALS for an Fo~vh' id, New York. ['ih: :~ 'ces ~ity for and the area .'ariance sought, qopl£cation for' a was for permission to construct a bathroom aci!Jtion to petitioner.'s dwelling, which dwelling pre-existed and does not conform to the present 15 foot side yard requirements of the Zoning Law of the Town of 'Southold. FIFTH: That petitioner's residence which pre-dates the present zoning requirements is set off 14' 1" from his side property line (see annexed survey). SIXTH: That petitioner's property contains a 15' 4" by 9' 6" root cellar with a concrete slab over it, which is at ground leyel, and has been used by petitioner as a patio. SEVENTH: That at all times hereinafter mentioned, the property for which the area variance has been sought has and is being used and maintained by petitioner as a residential dwelling in a Zone A-1 Residential Area. EIGHTH: On or about the 23rd day of June, 1983, and the 28th day of July, 1983, petitioner appeared before the said ZONING BOARD OF APPEALS and presented facts and exhibits which showed that a practical difficulty existed with respect to petitioner's property. -2- NINTH: That petitioner demonstrated by his testimony and the affidavit and exhibits he presented that the proposed 15' 4" x 6' addition to his residence could only be practically built over tile existing patio slab and cellar as the proposed addition would be off the petitioner's kitchen, as opposed to an addition to the rear of the house which would require the exten- sive remodeling of the dining area. TENTH: That petitioner demonstrated that it is im- practical and economically unfeasible to completely remodel peti- tioner's first floor of his residence and add an additional foundation to accomplish what can be more easily accomplished by the 6' addition over the existing cellar and foundation. ELEVENTH: That the existence of practical difficulty on the part of the petitioner was and still is uncontroverted by any source, other than the decision of the ZONING BOARD OF APPEALS (see decision annexed hereto). TWELFTH: That the ZONING BOARD OF APPEALS used an incorrect standard for the denial of petitioner's application, in that they cite "uniqueness" as a criteria in denying peti- tioner's application. criteria variance. THIRTEENTH: That the standard of "uniqueness" is a for a "use" variance and not for the requested "area" FOURTEENTH: That the denial of said area variance was arbitrary, capricious and unwarranted, in that, the decision misinterpreted the authority of the BOARD to issue such variance. FIFTEENTH: That the denial of said variance was arbi- trary, capricious and unwarranted in that it took into considera- tion criteria which ought not to be considered in the denial of an area variance. SIXTEENTH: That the denial of said variance was arbi- trary, capricious and unwarranted in that the requested variance will in no way alter the residential character of the neighbor- hood, as all of the adjoining properties have inadequate set- backs under the present zoning laws. SEVENTEENTH: That, in fact, the majority of the homes and accessory buildings in the "Founders Estates" subdivision have been built within five feet of the sideyard property lines, as they were constructed when the sideyard requirement was three feet; and any recent construction on these quarter-acre building lots has involved variances granted by the Zoning Board of Appeals due to insufficient sideyard setbacks. EIGHTEENTH: That it is the character of this "Founders Estates" development to have all the structures with insufficient sideyard setbacks. NINETEENTH: That the denial of said area variance was arbitrary, capricious and unwarranted, in that, the BOARD has granted variances under similar circumstances involving insuf- ficient sideyard setbakcs. - 4 - TWENTIETH: That the denial of Petitioner's applica- tion for said variance was arbitrary, capricious and unwarranted, in that, the evidence submitted by Petitioner establishes beyond any reasonable doubt that practical difficulty existed if said variance was not granted. TWENTY-FIRST: That the power to issue such variance is within the authority of said ZONING BOARD OF APPEALS. TWENTY~SECOND: That a previous application for the relief requested was dismissed by the Court due to technical jurisdictional defect (Decision and Order annexed hereto). WHEREFORE, Petitioner respectfully'requests that a final judgment be made and entered herein reversing, annulling and setting aside the decision that Respondents filed on the 22nd day of September, 1983, and directing Respondents to grant Petitioner's application for the variance as applied for. Dated: Cutchogue, New Yprk January 26, 1984. Yours, etc. RICHARD J. CRON, ESQ. BY: JAMES J. CRON, ESQ. Attorneys for Petitioner Office & P.O. Address Main Road - Box 953 Cutchogue, N.Y. 11935 (516) 734-5100 bo~ ~6 ~9 bOt NO T£ · : MONUMENT SUBDIVISION M,4P FILED IN THE OFFICE DF THE CLERK OF SUFFOLK COUNTY ON M~Y IO , 19Z7 ,4S MY~P ~VO. 854 SUFF CO TAX MAP I000 064 DZ SURVEY FOR ALFRED TERP LOT NO.'~7, ' FOUNDERS AT SOUTHOLD - TOWN OV SOUTHOLD SUFFOLK COUNTY, NEW YORK ES TA TES DATE : MAY II, SCALE: / ,~0 NO. : 85-319 YOUNG a YOUNG ALDEN w. YOUNGsPROFESSIONAL ENGINEER AND~ITAND SURVEYOR N.Y.S. LICENSE NO. 12845 HOWARD W. YOUNG, LAND SURVEYOR N.Y.S. LICENSE N0.45893 400 OSTRANDER AVENUE RIVERHEAD, NEW YORK Southold Town Board o£ Appeals  TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3138 Application Dated May 24, TO: Mr. Alfred J. Terp 1435 Hobart Road Southold, NY 11971 1983 (Public Hearings 6/23/83 and 7/28/83) [Appellant(s)] At a Meeting of the above on your the Zoning Board of Appeals held on September 13, 1983 appeal was considered, and the action indicated below was taken [ ] 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 IX] Request for Variance to the Zoning Ordinance Article III , Sections 100-31 and 100-34 [ ] Request for The public hearings on this application were held on June 23, 1983 and July 28, 1983. Upon application of ALFRED J. TERP, 1435 Hobart Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Sections 100-31 and 100-34 for permission to construct bathroom addition to dwelling leaving an insufficient sideyard setback, at 1435 Hobart Road, Southold, NY; County Tax Map Parcel No. 1000-064-002-012. The board made the following findings and determination: By this appeal, applicant seeks permission to construct a 6' x 15.4' addition along the northerly side of the existing dwe31.ing structure, 8.3 feet from the northerly property line (as shown on survey dated May 11, 1983 by Young & Young), exclusive of patio setback, for use as a bathroom. The premises in question contains an area of 11,250 square feet with 75' frontage along Hobart Road. The setbacks of the existing one-family dwelling are: (a) 37.2' at its nearest point from Hobart Road; (b) 14.1' from the northerly side line [excluding root cellar-patio], and 4.5' sideyard setback from the existing root cellar-patio, which construction has not been approved by the building department to date (see letter of July 5, 1983 from the building inspector); (c) 19.8' from the southerly side line; (d) 96' rearyard setbaqk. At the back porch area (which would adjoin the proposed addition) there is an entrance stoop approximately 7' by 7.6' Also existing on the premises is an accessory garage structure in the extreme southwest corner of the rearyard. For the record it is noted that the dwelling on the parcel north of the subject premises is set back approximately 14.5 feet from the same lot line, being their southerly side line. Existing between the two properties is a stockade fence which is shown on the above- mentioned survey as being 0.2 feet south of the applicant's property line and 0.8 feet at the extreme west end of this side yard area. In considering this appeal, the board determines: (1) that the variance request may be detrimental to adjoining property; (2) that the relief requested will not be in harmony with or pro- mote the general purposes of zoning; (3) that the relief requested DATED: September 21, Form ZB4 (rev. 12/81) (CONTINUED ON PAGE TWO) 1983. CHAIRMAN, SOUTHOLD TOWN OF APPEALS ZONING BOARD Page 2 - Appeal No. 3138 Matter of ALFRED J. TERP Decision Rendered September 13, 1983 may alter the essential character of the neighborhood; (4) that the difficulty can be obviated by a method other than a variance; (5) that the circumstances are not unique; and (6) that the interests of justice would best be served by denying the variance applied for. On motion by Mr. Grigonis, seconded by Mr. Doyen, it was RESOLVED, that Appeal No. 3138, application for ALFRED J. TERP for permission to construct addition, BE AND HEREBY IS DENIED. Location of Property: 1435 Hobart Road, Southold, NY; County Tax Map Parcel No. 1000-64-02-012. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adop'ted. ERARD P. GOEH~INGER, September 21, 1983 AT'~AK/SPECIAL TERM, PART [ SUFFOLK COUNTY Present: Hon LESTER E. GERARD Justice MOTIONDATE 11/21 10,096 MOTIONNO. 10,844 8--3 In the Matter of the ApplicationCof, ALFRED J. TERP, Petitioner, R~4~/PET'$ATTY: RICHARD J. CRON, ESQ. Main Road, Box 953 Cutchogue, New York 11935 -against- GERARD P. GOEHRINGER, CHARLES GRIGONIS, JR., SERGE DOYEN, JR., ROBERT J. DOUGLASS, JOSEP} H. SAWICKI, constituting the ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD, Upon the following papers numbered 1 to 20 an Article 78 proceedinq and an Article 78 proceeding Notice of Motion/~a~dee~e-Show-¢eu~e and supporting ~ 1-15 and supporting pa~rs 16-20 ; Answering Affidavits and supporting papers Replying Affidavits and supportin~ pa~rs ; Other ~e~k,~.-eotmse~.~n.-s, ppo~.~f--'and-oppo~ed-~o-~h~--rn~tio~) it is, ~/RESP'SATTY: SMITH, FINKELSTEIN, LUNDBERG, CRIMMINS & YAKABOSKI, ESQS. 456 Griffing Avenue, Box 389 Riverhead, New York 11901 · read on this motion to dismiss Petition ; NoticeofCro~ For purposes of this order Motion ~10,096 and 10,844 are consolidated. ORDERED that this motion by respondent to dismiss this Article 78 proceeding is granted without opposition. CPLR §7804 subd. c requires that a notice of petition in this type of pr6ceeding be served at least 20 days before the petition is noticed to be heard. This petition was served on October 21, 1983 and noticed to be heard on October 31, 1983. The failure to give 20 days notice is a jurisdictional defect. Matter of Trevidi v. State Board of Law Examiners, 86 A.D.2d 719; Matter of Stoddard v. Town Board, 52 A.D.2d 109~. Accordingly, the Court lacks jurisdiction and the petition is dismissed. Index No. STATE OF NEW YORK SUP~ COURT Year 19 SPECIAL TERM, PART I COUNTY OF SUFFOLK In the Matter of the Application of ALFRED J. TE~, Petitioner, - against - GERARD P. GOEHRING~R, CHARLES GRIGONIS, JR., SERGE DOYEN, JR., ROBERT J. DOUGLASS, JOSEPH H. SAWICKI, constituting the ZONING BOARD OF APPEA~S OF THE TOWN OF SOUTHOLDt Respondents. NOTICE OF PETITION and PETITION B RICHARD L CRON ao q/ s J. CRON, ESQ. Petitioner Off'ce and Post Office Address Main Road P. O. Box 953 CUTCHOGUE, N.Y. 11935 To: Attorney(s) for Service of a copy of the within Date& OUmom ~omey(s) for ' '~ PLEASE TAKE NOTICE NOTICE OF o~ NOTICE OF that the within is a (certified) true copy of a entered in the office of the clerk of the within named court on is hereby admitted. 19 that an Order of which the within is a true copy w~ be presented for settlement to the Hon. one of the judges of the within named Cour% 19 , at M. Dated: To: Attorney(s) for 3- CgON Attorney for Office and Post Office Address Main Road P. O. Box 953 CUTCHOGU~, N.Y. H935 ($16) 734.$100 STATE OF NEW YORK, COUNTY OF ss: I, the undersigned, am an attorney admitted to practice in the courts of New York State, and by certify that the annexed has been compared by me with the original and found to be a true and complete copy thereof. say that: I am the attorney of record, or of counsel with the attorney(s) of record, for · I have read the annexed know the contents thereof and the same are true to my knowledge, except those matters therein which are stated to be alleged on information and belief, and as to those matters I believe them to be true. My belief, as to those matters therein not stated upon knowledge, is based upon the following: The reason 1 make this affirmation instead of I affirm that the foregoing statements are true under penalties of perjury. Dated: (Print signer's name below signature) STATE OF NEW YORK, COUNTY OF SUFFOLK ss: ALFRED J. TERP, being sworn says: I am the Petitioner [] in the action herein; I have read the annexed Petition Individual know the contents thereof and the same are true to my knowledge, except those matters therein which are stated Veritlc~ation to be alleged on information and belief, and as to those matters I believe them to be true. the of [] of the to the I have read the annexed a corporation, parties action; Verilieation kllow the contents thereof and the same are true to my knowledge, except those matters therein which are stated to be alleged on information and belief, and as to those matters I believe them to be true. My belief, as to those matters therein not stated upon knowledge, is based upon the following: before/me of Jan. 26~_~, t ~ ._ "~,,,--~,-~,,,,~n~m~,- ~ Alfred J. Terp STATE OF NEW '~ORK, COUNTY OF ss: being sworn says: I am not a party to the action, am over 18 years of age and reside at On , 10 , I served a true copy of the annexed in the following manner: [] by mailing the same in a sealed envelope, with postage prepaid thereon, in a post-office or official depository of the U.S. Postal Service within the State of New York, addressed to the last known address of the addressee(s) as By Mail indicated below: [] by delivering the same personally to the persons and at the addresses indicated below: Sworn to before me on ,19 (Print signer's name below signature) SUPREME COURT : SPECIAL TERM, PART I COUNTY OF SUFFOLK : STATE OF NEW YORK ...................... X In the Matter of the Application of ALFRED J. TERP, - against - GERARD P. GOEHRINGER, JR., SERGE DOYEN, JR., Petitioner, CHARLES GRIGONIS, ROBERT J. DOUGLASS, JOSEPH H. SAWICKI, constituting the ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD, Respondents. MEMORANDUM OF LAW ON BEHALF OF PETITIONER RICHARD J, CRON SUPREME COUF, T : SPECIAL q'ERM, COUNTY OF SUFFOLK : STAT~.] OF NEW YORK In the Matter of thc Application of ALFRED J. TERP, -against- GERARD P. GOEHRINBER, CHARLES Petitioner, GRIG©NIS, JR., SERGE DOYEN, JR., ROBERT J. DOUGLASS, JOSEPH H. SAWICKI, constituting the ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD, Respondents. MEMORANDUM OF LAW ON BEHALF OF PETITIONER The Town Zoning Board of Appeals for an area variance may construct a bathr~o!u addition to his dwelling Road, Southold, Suffolk County, New York. The Southold Town Zoning Board of Appeals to deny the variance request cited the following reasons: 1) STATEMENT in:;t,!~ttt c;~se involves an application to the Sou2hold so the petitioner at 1435 Hobart in its decision That the variance request may be detrimental to adjoining property; 2) That the relief requested will not be in harmony with or promote the general purposes of zoning; 3) That the relief requested may alter the essential character of the neighborhood; 4} That the difficulty can be obviated by a method other than a variance; 5) That the circumstances are not unique; 6) That the interests of justice would best be served by denying the variance applied for. The decision contains no rationale for these conclusions, and no explanation nor factual basis is cited as to how these con- clusions, which formed the Board's decision, were arrived at. THE CRITERIA FOR THE GRANTING OF AN AREA VARIANCE IS THE DEMONSTRATION OF A PRACTICAl, DIFFICULTY It is well established in New York th~an area variance only requires the showing that a practical difficulty exists; that the New York courts have long held that the requirement of a necessary hardship (or economic hardship) has. application only to a use variance, as an area variance involves no real change in the character of a zoned district. Bronxville v. Francis, 1 App. Div. 2d 236 (1956 2nd Dept.) As pointed out by Mr. Justice Meyer in Wachberger v. Michalis, 19 Misc 2d 909 (1960), the criteria that a Board should consider are: "... (1) how substantial the variation is in relation to the requirement, (2) the effect which any increased population density caused by.'the variance would produce on available governmental facilities for fire, water, garbage and the like, (3) whether a substantial change would be produced in the character of the neighborhood or a substantial detriment to adjoining properties, (4) whether the diffi- culty can be obviated by some other method, feasible for the applicant to pursue, and (5) whether in view of the manner in which the difficulty arose and considering all of the above factors, the interests of justice will be served by allowing the variance. Further- more, (6) if the board inspects the property, its decision must set forth the facts ascer- tained upon such inspection which support its determination." In the case at bar, it is obvious that the respondent Board used improper criteria in the determination of petitioner's application. Also, apart from the characteristics of the subject premises, devoid of any facts ascertained upon an its determination. Furthermore, bare recitation of the physical the decision is completely inspection which support as can be seen by this Court, the decision is completely devoid of any facts warranting its conclusions. The Zoning Board simply states that the proposed change "may be" detri- mental to the adjoining property without detLrraining the health or safety hazards which form the basis for such a conclusion. In fact, the Board has even failed to determine if there would be a detriment but rather concludes there "may be". The Board also states "...that the relief requested will not be in harmony with or promote the general purposes of zoning", which is not a criteria to be considered in granting or denying an appeal, nor does the Board explain what it means by or how facts compel such a conclusion. Thirdly, the Board concludes the relief requested "may alter the essential character of the neighborhood". The fact of the matter is that the variance requested is an "area" variance and not a "use" variance, and that the neighborhood will remain residential and will not change in any essential character. The Board points out that "the difficulty can be obviated by a method other than a variance", but fails to explain how it arrived at this conclusion, and also fails to consider the balance of the criteria which is feasible for the a~licant to pursue. The petition of ALFRED J. TERP and the testimony before the Board demonstrate that remodeling of an entire floor is not alternative to a six foot addition to the side of a a feasible dwelling. Finally, the Board considers "uniqueness" which is not a consideration for an area variance and concludes without re- course to facts that the application is not 'lunique". CONCLUSION As the Southold Town Zoning Board of Appeals decision is completely devoid of any factual basis other than mere conclu- sions, and the Board has either considered criteria not applicable to an area variance or misconstrued the proper criteria, the decision rendered is arbitrary as a matter of law, and the relief demanded in the petition should be granted. Respectfully submitted, RICHARD J. CRON, ESQ. BY JAMES J. CRON, ESQ. Attorneys for Petitioner Office & P. O. Address Main Road - Box 953 Cutchogue, N.Y. 11935 (516) 734-5100 SUPREME COURT : SPECIAL TERM, PART I COUNTY OF SUFFOLK : STATE OF NEW YORK In the Matter of the Application of ALFRED J. TERP, Petitioner, -against- GERARD P. GOEHRINGER, CHARLES GRIGONIS, JR., SERGE DOYEN, JR., ROBERT J. DOUGLASS, JOSEPH H. SAWICKI, constituting the ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD, PETITION Respondents. Index No. SIRS: PLEASE TAKE NOTICE that upon the annexed verified petition of ALFRED J. TERP, sworn to on the 21st day of October, 1983, and the exhibits annexed, and the petitioner's Memorandum of Law, an'application will be made to the Court at a Special Term, Part I, thereof,, to be held at the Courthouse, Griffing Avenue, Riverhead, New York, on the 31st day of October, 1983, at 9:30 o'clock in the forenoon of that day, or as soon there- after as counsel can be heard, for a judgment granting the relief demanded in the petition, and that a verified answer and supporting affidavits, if any, must be served at least five (5) days before such time. PLEASE TAKE FURTHER NOTICE that pursuant to Section 7804 of the Civil Practice Law and Rules, you are directed to file with the Clerk of the Court your answer and any answering affidavits, etc., together with a certified copy of the trans- cript of the record of'the proceeding, together with the entire official file containing the records of the petitioner herein held by the respondents as official records kept by the respond- ents. Suffolk County is designated as the place of trial on' the basis of: Petitioner's residence is in the County of Suffolk and his residence is the subject of this action. Dated: Cutchogue, New York October 21, 1983 Yours, ~c. RICHARD J. CRON, ESQ. BY: JAMES J. CRON, ESQ. Attorneys for Petitioner Office & ?. O. Address Main Road - Box 953 Cutchogue,.N.Y. 11935 (516) 734-5100 TO: GERARD P. GOEHRINGER, CHARLES GRIGONIS, JR., SERGE DOYEN, JR., ROBERT J. DOUGLASS, JOSEPH H. SAWICKI, constituting the ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD Southold Town Hall Main Road Southold, N.Y. 11971 COUNTY OF SUFFOLK DEPARTMENT OF PLANNING (516) 360-5513 LEE E. KOPPELMAN Town of Southold Board of Appeals August 23, 1983 Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter! the following applications which have been referred to the Suffolk County Planning. Commission 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 Municipal File Number Alfred J. Terp Robert W. Gillispie III Southold Equities, Inc. Richard DeMaria Jack & Lee Lefkowitz Razmataz 3138 3139 3145 3146 3150 3151 GGN:jk Very truly yours, Lee E. Koppelman Director of Planning Gerald G. Newman Chief Planner Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 S0UTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: xx Variance from the Zoning Code, Article III , Section I00-3I & I00-34 Variance from Determination of Building Inspector Special Exception, Article Special Permit Southold Town , Section Appeal No.: 3138 Applicant: ALFRED J. TER~ Location of Affected Land: I435 Hobart Rd., Southold County Tax Map Item No.: 1000~64_002_0i2 Within 500 feet of: __ Town or Village Boundary Line xx 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 Estab- lished Channel Lines, or Within One Mile of a Nuclear Power Plant __Within One Mile of An Airport. COMMENTS: Applicant is requesting permission to construct bathroom add. to dwelling leaving an insuff, sideyard setback. Copies of Town file and related documents enclosed herewith for your review. Temp. S d of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLAS$ JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD- ~:TATE: ROAD 25 SDUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 MINUTES REGULAR MEETING THURSDAY, JULY 28, 1983 A Regular Meeting of the Southold Town Board of Appeals was held on Thursday, July 28, 1983 at 7:30 o'clock p.m. at the Southold Town Hall, Main Road, Southold, New York. Present were: Gerard P. Goehringer, Chairman; Serge Doyen; Charles Grigonis, Jr.; Robert J. Douglass and Joseph H. Sawicki. Also present were: Mr. Victor Lessard, Administrator (Building Department); Mrs. Ruth Oliva, North Fork Environmental Council; Mrs. Shirley Bachrach, League of Women Voters and a large audience. The Chairman called the meeting to order at 7:30 o'clock p.m. and proceeded with the first public hearing. RECESSED PUBLIC HEARING: Appeal No. 3138. Application of ALFRED J. TERP, 1435 Hobart Road, Southold, NY for a Variance to th~ Zoning Ordinance, Article III, Sections 100-31, 100-34, for permission to construct bathroom addition to dwelling leaving an insufficient sideyard setback, at 1435 Hobart Road, Southold, NY; County Tax Map Parcel No. 1000-064-002-012. The Chairman reconvened the hearing at 7:30 p.m. MR. CHAIRMAN: This application was recessed from the June 23, 1983, and we'll ask Mr. Terp if he has anything that he wishes to add to his application. ALFRED J. TERP: The only thing I would like to add is the application, and I don't know if it was put in the last time, was the fact that the foundation that was placed there was built in 1967 and I do believe that was a few years prior to the law that was passed as to the limited sideyard, which I think was passed in 1971--so what I'm trying to point out is that there was a structure that was actually prior to this law. I'm not asking Southold Town Board )eals -2- July 28, Regular Meeting (Appeal No. 3138 - ALFRED J. TERP continued:) MR. TERP continued: to use all of the structure. the small addition on. I'm asking to use part of it to put MR. CHAIRMAN: Thank you. Is there anybody else that would like to be heard in behalf of this application? Against the application, Mrs. Stelzer? MRS. EMMY STELZER: I would like to submit this to you--they are objections, thank you. They are all stated here. MR. CHAIRMAN: Your attorney is not here tonight? MRS. STELZER: Yes, he is. MR. CHAIPd~AN: Oh, he's here. Ok. Is he prepared to say any- thing to the board? PAUL CAMINITI, ESQ.: Mr. Chairman, I have an application pending before the board. I prepared the objections for Mrs. Stelzer with the intention of not formally appearing for her tonight. I prepared that for her, but I have an application pending before the board at 7:50. So at this point I would rather just let the objections speak for themselves. MR. CHAIRMAN: What is your name, sir? MR. CAMINITI: My name is Caminiti. MR. CHAIRMAN: Thank you. Ail right, is there anything else you wanted to add, Mrs. Stelzer, other than what you have given us? MRS. STELZER nodded no. MR. CHAIRMAN: Mr. Terp? (No further comments.) I doubt seriously because of the length of the meeting tonight that there will be any decision on this application, so you're welcome to inspect the file, tomorrow, Mr. Terp. Oh, do you have another copy? MR. CAMINITI handed Mr. Terp a copy of the written objections prepared by him for Mrs. Stelzer. MR. CHAIRMAN: Thank you very much. Hearing no further co~unents on either part, I'll make a motion closing the hearing and reserving decision until later. On motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, to close the hearing and reserve decision until later in the matter of Appeal No. 3138, for ALFRED J. TERP. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. Southold Town Board~f Appeals -9- June 23,~1983 Regular Meeting (Appeal No. 3136 - RICHARD AND DONNALEE RELYEA, continued:) The board made the following findings and determination: By this appeal, appellants seek permission to construct a 20' by 15' accessory horse barn to be located in the frontyard area of the subject premises, more specifically 73' from Deer Path Road, approximately 52' from the northerly "right-of-way", and 175' from the existing one-family dwelling. Due to the frontage of this parcel along more than one access road or right-of-way, the building area of this parcel is technically considered all "frontyard area." It would be impractical and unfeasible to build in any other yard area of the premises in question. The board agrees with the reasoning of appellants. In considering this appeal, the board determines that the variance request is not substantial; that the circumstances herein are unique; that by allowing the variance no substantial detriment to adjoining properties will be created; that the difficulty cannot be obviated bi a method feasible to appellant other than a variance; that no adverse effects will be produced on available governmental facilities of any increased population; that the relief requested will be in harmony with and promote the general purposes of zoning; and that the interests of justice will be served by allowing the variance as indicated below. On motion by Mr. Sawicki, seconded by Mr. Doyen, it was RESOLVED, that Appeal No. 3136, application of RICHARD AND DONNA- LEE RELYEA for permission to construct accessory horse barn in the frontyard area, BE AND HEREBY IS APPROVED AS APPLIED FOR. Location of Property: 1060 Foxhollow Road, Mattituck, NY; County Tax Map Parcel No. 1000-113-006-023. Vote of the Board: Ayes: Messrs. Sawicki. (Member Grigonis was absent.) adopted. Goehringer, Doyen, Douglass and This resolution was unanimously PUBLIC HEARING: Appeal No. 3138. Application of ALFRED J. TERP, 1435 Hobart Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Sections 100-31 and 100-34 for permission to construct bathroom addition to dwelling leaving an insufficient sideyard setback, at 1435 Hobart Road, Southold, NY; County Tax Map Parcel No. 1000-064-002-012. The Chairman opened the hearing at 8:00 p.m. and read the legal notice of hearing in its entirety and appeal application. MR. CHAIRMAN GOEHRINGER: We nave a copy of a survey dated May 11, 1983 indicating the nature of the proposed addition, which is approximately 9.6' in width. It does not give the dimension of the length which is a portion of the width of the hOuse, and I have a copy of the Suffolk County Tax Map indicating tnis property and 'Southold Town Board Appeals -10- June 983 Regular Meeting (Appeal No. 3138 - ALFRED J. TERP, continued:) MR. CHAIRMAN continued: the surrounding properties in the area. And I have one opposition in the file. Mr. Terp, would you like to be behalf of your application? Could I ask you to use the letter of heard in mike please. ALFRED J. TERP: Yes. The map that snows that 9.2, I think it is, feet to the north, I did not wish to extend all the way of that 9.2 feet, and I wish to go only north about six feet, and there is a slab there over a foundation, which was originally built as a root cellar in the years that go back. And as I stated in the application, any of the other places that put it would either put the bathroom off of a kitchen or off of a dining room or a living room. And it will only be a one floor---in other words it would not be the height of a two-story house. It would only be the height of the existing one-story addition which was there ever since the house was built and we would only move that wall 6' further to the north from where it is now and that would certainly allow me to put it in. Now another reason, maybe you gentleman and ladies don't know, many of the houses that are in the Founders Development have -- and we're going around the area -- are inadequate according to the new law-- a side yard, and as I say I really don't think it would really detract on any value or the aesthetics of the character of the neighborhood of that particular development. That's been there since 1931, I think, was when it was started. MR. CHAIRMAN: You're presently using this as a patio, is that correct? MR. TERP: My wife is, yes. Well we both do. MR. CHAIRMAN: That's the only question I have at this time. Is there anybody else that would like to be heard in behalf of the application? Would somebody like to be heard against the application? Ok, would you please state your name? MRS. STELZER: I'm Emmy Stelzer and I live next door to Mr. Terp. As I understand it, and I think Mr. Fisher is familiar with this. When ne built that side, it was supposed to be a patio on low level ground which was built up with tiers of block and the dirt was piled up around it. Now I spoke to Al; he asked me; and it's going to hurt the sale of my property to have him right on the line. There's just about this much room to walk through. He has a 6' fence up there now, a hedge--you can't walk through there and it's going to be right on my living room side, this bathroom that he is applying for. They have a bathroom upstairs. There's plenty of room in the back. And I can't understand -- my air is going to be cut off. I have fences on both sides of me and houses and I only have a 75' lot and I think it's within my interest to protect my property. If it was a hardship, it would be a hardship for me. It's practically in my yard now on the side porch. Have you people been down to check this? MR. CHAIRMAN: Yes. °Southold Town Board Appeals -11- June 23, 1~3 Regular Meeting (Appeal No. 3138 - ALFRED J. TERP, continued:) MRS. STELZER: Is there a cellar under there now? (Mrs. Stelzer was directing comment/question to the Terps.) MRS. STELZER: May I ask what is the excavating (remainding statement unclear as Mrs. Stelzer was facing the back of the room). MR. CHAIRMAN: Excuse me, Mrs. Stelzer--you have to address the questions to the board because we're taking this down. MRS. STELZER: Oh, I'm sorry. I don't know-- and I don't want any trouble--but I do think I'm in order to protect my property. For the past week or so they've been taking sand from the back cellar door--load after load. Now where it's coming from, I don't know. It's coming from the cellar. MR. CHAIRMAN: requestions? Ok, would you like Mr. Terp to respond to your MRS. STELZER: If it's in response to my difficulty, yes. I don't know what's going on. I understand you can't go in the house. MR. CHAIRMAN: Sir, would you come over to the other mike, maybe you could answer the questions, because we'll site of some of them if you don't. MRS. STELZER: He has a cellar under that and it wasn't supposed to be there. It was supposed to be a patio. MR. TERP: What would you like to know first? MR. CHAIRMAN: The lady asked if there was a cellar under there and you had indicated there was? MR. TERP: There has been a cellar under there before the change in the zoning law with the sideyard--that was put in there when Howard Terry was in charge of the Building Department. Now what I'm doing is taking sand out for the last week. I'm lowering the cellar floor in my house because I've put a new heater in and I'm having a new cellar floor put in the existing building. Now, was there something else? MRS. STELZER: Well, Al, as I understand it, that was not supposed to be a cellar. It was only supposed to be a flat-- you didn't get a permit for that. MR. TERP: You didn't have to get a permit for that, Mrs. Stelzer. MRS. STELZER: Mr. Fisher told me it was never to be built on. You built that patio that you have-- MR. TERP: That's why I'm down here now. But I said that originally it was built with a cellar and you saw it was built 'Southold Town Board Appeals -12- June 23~ ~83 Regular Meeting (Appeal No. 3138 - ALFRED J. TERP, continued:) MR. TERP continued: with a cellar. MRS. STELZER: Yes when they came down there. MR. TERP: That's why I'm before the board now asking for a variance, Mrs. Stelzer. MRS. STELZER: Well, I'm opposing this because of what happened before because you're not supposed to have that foundation. MR. TERP: This foundation, sir, was put in when Mr. Terry was down and then he was down three different times, and I assured the man I built it that it was a patio, now that's our reason. 15 years ago. Now in 15 years times nave changed. Things have changed and this is why I've asked the board to grant permission. It's not all the way over like Mrs. Stelzer says. It's 6' over. There will be at least--if you look at the map there--there will be another 8 or 9 foot from that wall to her line. MR. CHAIRMAN: 8.1 feet. -- MRS. STELZER: Are you knocking part of the patio out? That's what I would like to know. MR. TERP: Yes. I'm not going over the whole thing. I didn't ask for that. MRS. STELZER: Well I didn't know, Al. You didn't come back and say anything to me so I didn't know what was going on. And I do object very strongly. It is right on my line, on my living room line. He doesn't want a bathroom on his --where the dining area is. MR. TERP: If you looked at the existing houses to the north and including Mrs. Stelzer, I believe you will find that one of her bathrooms was very close to the main that's next door and his porch is about 3' from the line, and many of the houses that had these insufficient or deficient say, sideyard properties there, and every- body's been getting along for many, many years. MRS. STELZER: The man who owns the nouse on the left is my attorney. I asked him to appear here tonight, but he was unable to, to explain this. That property that was built before was put there before zoning came in, and it is practically in my driveway which this of course is on the other side of my house. Have you people been down to see this? Do you see what a hardship it is going to cause me? MR. CHAIRMAN: We were down last Friday night. MRS. STELZER: Taking the wind out and so forth. I don't get enough air now through the window. · Southold Town Board Appeals -13- June 2 983 Regular Meeting (Appeal No. 3138 - ALFRED J. TERP, continued:) MR. CHAIRMAN: Mr. Terp. MR. TERP: I believe if Mrs. Stelzer and I'll recollect to refresh Mrs. Stelzer's memory that that porch that's she is referring to was built there before the house that she's living in was built. MRS. STELZER: The porch was there but not the room, Al. I'll refresh your memory-- MR. TERP: Yeah, I agree with you, but I'm saying, in other words, the porch existing structure that didn't get any larger than it was, was there before Mr. Dunn built that original house. MRS. STELZER: That's right, the porch, but it was an open porch. It was not an enclosed porch. The same as yours, it's an open thing. That was just an open porch and when I gave permission when Elsie wast sick to have that. MR. TERP: I think that was done before the zoning was in effect that you would have to get permission, Mrs. Stelzer. MRS. STELZER: They asked us. Mr. and Mrs. Therby (?) asked our permission if we had any objections and she was an ill person-- but the porch ( ) that we built on has nothing to do with this--it's not on my property. MR. TERP: I'm talking about the one that's very close to your line. MRS. STELZER: That's right. That's right. MR. TERP: Well, we're arguing again-- MR. CHAIRMAN: It's becoming counterproductive here. Mrs. Stelzer, I only have one question to ask you. Would you feel better if you were represented by an attorney? MRS. STELZER: I would certainly like him to speak, yes. MR. CHAIRMAN: Would you like me to recess this hearing assuming Mr. Terp wouldn't have a severe objection, to the next Regular Meeting so that-- MRS. STELZER: Yes, I will until he can be here. around here. He's in New York. He's not from MR. CHAIRMAN: MRS. STELZER: weekends. Do you think he could appear for you on JulY 21st? He could be out here tomorrow-he comes out on MR. TERP: Do you have any objection to that, Mr. Terp? "Southold Town Board~ Appeals -14- June 23, 1~3 Regular Meeting (Appeal No. 3138 - ALFRED J. TERP, continued:) MR. TERP: The only question I would like to have is, could this lawyer in this instance if he were here, change the facts? MR. CHAIRMAN: No it most certainly does not change the facts, but what this lady is telling us is that she would feel better if she was represented by counsel and we have granted these requests in the past. The timeliness involved here is basically a three to four week period. We still have 60 days to make a decision. We don't have to make an immediate decision. MR. TERP: Do you want me to come back another night? MR. CHAIR~AN: Yes. MR. TERP: Do you know the time? MR. CHAIRMAN: It will be advertised. MRS. STELZER: Thank you. MR. CHAIRMAN: Would anybody else like to be heard against this application? Anyone else to be heard in either case? MARIE TERP: I am Mr. Terp's daughter. I've been away for about five years now and I nave just come back for the summer. I am a graduate of Washington University, a pre-med student and I'm into pharmacy. I basically see here that there's a difficulty that we have, but because of the existing structure and the foundation that he has and because he would like only to extend six feet, I see no reason there should be an objection. I also have observed that because of the existing structure that he has there--how shall I put it--in essence it's really, it would not depreciate Mrs. Stelzer's property and as far as the purpose of the proposed structure are that it'll be used just for a bathroom and the rest of it he would just like to use for the wood. MR. CHAIRMAN: Could I have your first name, please? MISS TERP: My name is Marie. MR. CHAIRMAN: Thank you. Would anybody else like to say anything concerning this hearing? (None) Hearing no comments, I'll make a motion recessing this hearing until the next Regular Meeting. On motion by Mr. Goehringer, seconded by Mr. Sawicki, RESOLVED, that Appeal No. 3138, application of ALFRED J. TERP be and hereby is recessed until the next Regular Meeting of this board (tentatively July 21, 1983). Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Douglass and Sawicki. (Member Grigonis was absent). This resolution was unanimously adopted. ZONING BOARD OF APPEALS : TOWN OF SOUTHOLD STATE OF NEW YORK In the Matter of the Application of ALFRED J. TERP for a Variance from the Code Requirements of the Town of Southold. Tosn.ot .outh. o!d, STATE OF NEW YORK SS.: COUNTY OF SUFFOLK ALFRED J. TERP, being duly sworn, deposes and says: 1. That he is the property owner and petitioner, as concerns the above-referenced application. 2. That he makes this application to correct and clarify the intentionally misleading and emotional undated affidavit of Emmy Lou Stelzer submitted to this Board. 3. That Ms. Stelzer is incorrect in her statement that my house is 4.5 feet from the property line; that in fact my house is 14.1 fe~t from the property line, and with the requested addi- tion this will be reduced to approximately 8.1 feet. 4. That Ms. Stelzer is also incorrect, as was explained to the Board at the public hearing, in her assertion concerning the repair work done on the existing cellar floor; that, in fact, the cellar floor was replaced with a concrete floor in the normal course of maintaining my house, and it is to be noted the cellar has nothing to do with the application before this Board. 5. That Ms. Stelzer is incorrect in her statement about the "alleged" permission granted by the then Building Inspector Howard Terry; that in fact when the cellar and its roof (patio) were constructed, no permission was required and no permission was sought from Mr. Terry, and that petitioner has a legal right to maintain his pre-existing, non-conforming use regardless of the present building code requirement. 6. That the petitioner's building line is approximately 4.5 feet from the property line, and petitioner has the legal right to maintain this pre-existing, non-conforming use to the fullest extent of the law, which does include building to and above the already pre-existing building line. 7. That Ms. Stelzer is also incorrect in her assertions about the petitioner's living arrangements; that in fact two of my children are living in the house between 20 and 22 weeks a year, tectural]y feasible, sound and aesthetically pleasing has no factual merit, and is not worthy of serious consideration by Boacd. That Ms. Stelzer's speculation as to what is archi- Board, in jcct neighborhood arc built clo'.~c to lh~> adjoining property as t}l,,y w(~r(~ constructed whcn Southold T()wll hd(] ()n(,-qkl,tt'tt*r this 9. That Ms. Stelzcr is bcinq less than candid with this failing to point out that ail of the houses in the sub- 1 ines WHEREFORE, as the petitioner has a legal right to main- tain the building line established by his addition in 1967; and as this addition constitutes a pre-existing, non-conforming use of the petitioner's property; and whereas the undated affidavit of Emmy Lou Stelzer raises no valid objection in law or fact; and whereas your petitioner has made a valid factual showing on the record requiring the granting of his application, it is respect- fully requested that the variance be approved in all respects. Alfr~ J. ~/~ Sworn to before me this %~-~ day of August, 1983. ZONING BOARD OF APPEALS TOWN OF SOUTHOLD IN THE MATTER OF THE APPLICATION OF ALFRED J. TERP, FOR A VARIANCE TO CONSTRUCT A BATHROOM ADDITION. STATE OF NEW YORK )SS' COUNTY OF SUFFOLK) ' bX APPEAL # 3138 --X EMMY LOU STELZER, being duly sworn deposes and says that she owns the property adjacent to the petitioners property and opposes the application on the following grounds: 1. Petitioner has consistently done what he pleases over the years without regard to any law or authority. He has constructed a two story garage behind his house which has severely curtailed the air circulation and now plans to add an extension to his house which would only be 4.5 feet from my property line. When he was originally given permission to build the patio on the north side of the house it was to be ground level only, to be used strictly as a patio. Instead, he raised it two levels of cement block so that it would be event with the existing structure. His ultimate goal and plan at the time was to add the proposed extension. For the past two weeks, he has escavated the basement, pail by pail and it appears that he has started construction of the proposed addition. To grant petitioner the right to build now would be to reward him for his disregard of the right of others. -1- 2. The alleged permission to build the patio came from Howard Terry, who now clearly states that he gave verbal permission to build a patio only with the understanding that petitioner would never build over the patio or request permission to do so. The enclosing of the patio which would only leave a 4.5 foot side yard set back is a clear violation of the building code. 3. There is no hardship involved. Petitioner has a wife and three (3) children. All the children are either in college or in prep school and do not live at the premises. Petitioner has a full bathroom on the upper level where the bedrooms are located. If a one half (1/2) bathroom is essential on the ground floor, Petitioner can use the existing 6'foot addition for the 1/2 bathroom. 4. Petitioner could also easily build to the rear of the house and add to any part of the 12 feet that faces the rear yard. His statements in the application are grossly in error. Perhaps it would mean a little extra work and money on his part but his application is based on hardship and not of convenience. Both I and my attorney have examined his property and the survey attached to his application and there is no doubt that the proposed extention could be added to the rear of the house. The statement in Petitioners application that "the architecture of my house will be unified" is ludicrous. A bathroom way off to the side of the house can hardly be said to unify a house. Perhaps a 1/2 bathroom off the kitchen near -2- the porch as indicated above would be more in keeping with the architecture of the house. 5. Your deponent is past retirement age and is contemplating a sale of her house. Any construction as proposed by the petitioner would severely depreciate and restrict the saleability of my house. No one would want to buy the house with the petitioner's bathroom only 4.5 feet away from my property. As it is, I can clearly hear the Petitioner and his wife now every time there is a family dispute. WHE~FO~, deponent prays that the Petitioners application be denied in all respects. Sworn to be~ me,j~i_s TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR P.O. BOX 728 TOWN HALL SOUTHOLD, N.Y. 11971 TEL. 765-1802 TO: Z.B.A. FROM: Victor Lessard, Executive Administrator Building Department DATE: July 5, 4983 SUBJECT: Property of Alfred J. Terp-Appeal No. 3~38 ~35 Hobart Road, Southold Researching this property, I can find no permits ever issued for this slab addition or area in question. Talking to George Fisher, Sr. Building Inspector, he gave me the following explanation. Mr. Terp talked with Howard Terry and Mr. Terry said if the finished slab (patio) were ground level, no permit was necessary. Shortly after, Mr. Terp wanted a root cellar under the slab and the ruling was the same. When the work was all complete, the slab was above ground eighteen inches to two feet. This was a violation, but I am told that if Mr. Terp agreed to ~) regrade the property to top of the slab and 2) if he agreed not to ever construct on the said slab, then the whole matter would be resolved. Again this is strictly a verbal okay and heresay. Whether Mr. Terp or Mr. Howard would verify this I could not say. Again we have no official records on any construction on the portion in question. APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN RDAD- STATE RrlAD 25 SOUTHOLD, L.I.. N.Y. 11971 TELEPHONE (516) 765-1809 TO: FROM: DATE: SUBJECT: Mr. Victor Lessard, Executive Administrator Building Department Z.B.A. July 5, 1983 Property of Alfred J. Terp - Appeal No. 1435 Hobart Road, Southold 3138 In view of the public hearing which was held in the above matter on June 23d, please confirm past agreements which may have been made restricting construction within the sideyard area of the subject premises. The public hearing on this matter has been recessed until Thursday, July 21st, at which time this subject will be brought up. Thank you for your assistance. 1.o! 16 i.oI ?.9 NOTE · -' MONUMENT SUBDIVISION MaP FILED IN ~ OFFICE OF THE CLERK OF SUFFOLK COUNTY ON M&Y I0, 19~ ~ MdP ~. 8J~ DUFF CO. T~K M~P I~ OG~ 05 015 SURVEY FOR ALFRED TERP LOT NO. 17, " FOUNDERS ESTATES " AT SOUTHOID TOWN OF SOUTHOL~ SUFFOLK COUNTY, NEW YORK ~N UNAUTRORIZEO ALTERATION OR ADDITION ~0 THID SURVEY ID A VIOLATION OF SECTION T2ON OF TNE NEW YORK STATE EDUCATION LAW. # DOI~ES OF THID DURVS'Y NOT BERRINO THE LAND' SUNV~YOIf/'D INKED SEAL OR SMBODEED SEAL SHALL NOT NE CONDIDERED TO NE A VALID TRUE CORY, #NUARANTEES INDICATED FIESEON SHALL RUN ONLYTO DATE SCALE: NO. MaY II, 19B3 I" -' 30 ' B..,:I- $19 I(i~'~ V/~l II~lt~_ g~. V/'~H~lt'~_ 4~OOSTRANDERAVENU£ I il RiVERHEAD, NEW YORK ' I I II B ! I ~N w Y~N~PROFESSIONAL E~INEER I i ~ ~1 ~D LAND ~,E~R N.YS.U~NM ~.1Z84S I I fl & 1 I ~WAND K YOUNG, LAND SUNVE~R . I , N.~. LICENSE ~. ~3 NOTICE NOTICE IS HEREBY GIV- EN pursuant to Section 267 the Town Law and the Provi- sions of the Amended Code of the Town of Southold, a, Regular Meeting and the following Public Hearings will be held by the Southold Town Zoning Board of Appeals at the Southold Town Hall, Main Road, Southold, New York, on THURSDAY, JULY 28, 1983 commencing at 7:30 o'clock THOMAS KENNEDY, 120 Log Road, Patchogue, N.Y. 11772 for a Variance to the Zoning Ordinance, Article III, Section 100-30(A)t'or permis- sion to use property for .~.~u~?ess__..vur~oses, _ to___wit: 8:15 P.M. Application for I ROKE'S MARINA, INC., by · A.A. Wickham Esq., Mai~.~! Road, Mat~ituck, N.Y., ap- pealing a decision of the building inspector to vacate Order to Remedy Violation, pursuant to Article XII, Sec- tion 100-12IA. Provisions of the Zoning Ordinance Ap- pealed: Articles I, 100-13; II, 100-23A; VIII, 100-80(B) [14] & [15]; XlV, 100-144(A) [2] (B); Xl, 100-118. Location of Property: East Side of New Suffolk Road, New Suffolk, N.Y.; County Tax Map No. 1000-117-5.28 & 29. 8:25 P.M. Application of PHILIP FRUMENTI, 3825 Stars Road, East Marion, N.Y. for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to con- struct carport in the frontyard area, at 3825 Stars Road, East Marion, N.Y.; County Tax Map Parcel No. 1000-022-06- 026. 8:30 P.M. Application of JACK AND LEE LEFKO- WITZ, (F.J. Christie, and wife, owners), 25 Avenue. Sea Cf/fi, N.Y, 11579 for a Variance to the 'zoalnB · Ordinance, Article III, Section : strict one-family dwe[l~ : with an insufficient frontyard setback, at premises located on a private right-of-way off the north side of Summit Drive, which premises also - fronts along the south side of Sound Beach Drive, Mattituck, Cpt. Kidd's Estates Part of Lot 11; County Tax Map Parcel No. 1000-106-01.042.1. 8:35 P.M. Application of JOHN ANTONIOU, 155 East Road, Mattituck, N.Y. for a ~ Variance to the Zoning'Ordiu- ance, Article Iii, Section 100- 34 for permission to construct deck addition with an insuf- ficieut frontyard setback, at 155 East Road, Mattituck, N.Y.; Cpt. Kidd's Estates Map 1672; Lot I11, County Tax i 8~45 P.M. Applioati~n- o~ ~] HENRY AND VlRGINIA~b [ STEINBRECHER, 1525 Hay- I waters Road, Cutchogue, N.Y. COUNTY OF SUFFOLK SS: STATE OF NE%V YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Trav~ler-Watch- man once each week for ....................... ../. .............. weeks successively, commencing on the /~ ~ Sworn to before me this /'¢/-aF' day of .......... .................. , CLEMEiVT d. THO~,~PS ON NOTARY PUBLIC, State of New York No. 52-932i 725 ~m~a ~res March 30, Southo~ll~l[Y for a Variance t~ the Fly, lain Management Law, C]~ter 46, Sections 46-7 and 46-18B for permission to construct sanitary facilities wi. th. first floor below mmtmum required flood elevation level. Location of Property: North Side of Main Road, I/:ast Marion, NY; County Tax Map Parcels No. 1000-017-/~HX}6 and pert of 007; 1000-023-2-part of 001 and 003. 7:45 p.m. Application for RVSS, Inc. (Razmataz), by Garrett A. Strang, Main Read, Southold, NY for a Variance to County Tax Map P8~I No. 8:80 p.m. Application of JACK AND LEE LEFKOWITZ, (F. J. Christie, and wile, owners), 25 Downing Avenue, Sea Cliff, NY 11579 for a Variance to the Zoning Ordinance, Article HI, Section 100-31 for permission to construct one-family dwellir~ with an insufficient frontyarc~ setback, at premises located on a private right-of-way off the north side of Summit Drive, which premises also fronts along the south side of the Zoning Ordinance, Article Sound Beach Drive, ili, Section 100-112H for ~ .Mattituck, Cpt. Kidd's Estates permission to develop and i~ Part of Lot 11; County Tax use parking on adjacent, i? Map ParcelNo. 1000-106-01- (lensed)preperty identified ns 042.1. · County Tax Map Parcel No. ~iiii: 8:35 p.m. Application of i !000-125-01-19.1; 10~0-122-6-36. ~: JOHN ANTONIOU, 155 East 7:50 p.m. Application of 'L~ Road, Mattituck, NY for a ROBERT W, GILLISPIE III, :'~! Variance to the Zoning Main Read, East Marion, NY .Ordinance, Article III, Section for a Variance to the Zoning 100-34 for permission to Ordinance, Article VII, : construct deck addition with Section 100-71, and Bulk Schedule, for approval of insufficient area, width and sideyard setbacks of bufl~ing in this proposed two-lot division of property located at the northeast corner of Beckwith Avenue and Main Road, Southold, NY; County an insufficient frontyard setback, at 155 EaSt Road, Mattituck, NY; Cpt. Kidd's Estates Map 1672, Lot I11; County Tax Map Parcel No. 1000-106-03-009. ~:~:~, ::i; 8:45 p.m. Application of HENRY AND VIRGINIA. STEINBRECHER, !525 Hay- Tax Map Parcels No. 10004161- .waters Road, Cutchogue, NY .for a Variance to the Zoning 8:00 p.m. Application fo~ Ordinance, Article III, Section RICHARD DeMARIA, by 100-31 for permission to ~Ga?ttA. Strang, Main Read, ~i.~ construct addition with an ~oumold, NY for a Variance to , i insufficient frontyard setback, the Zoning Ordinance, Article at 1525 Raywaters Road, III, Sections 100-31 and 100-34 .Cutcho~e NY; Nassau Point for ]~ermission to construct Subdivtsion, Section D, Map addition with reduction in '; . 806, Lot 333; County Tax Map rearyard setback at 900 ParcelNo. 10iX~lll.4-12. Minnehaha Boulevard, DATED: JUNE 30,1~3. Seuthold, near Laughing '. BYORDEROF Waters; County Tax Map THE SOUTHOLD TOWN Parcel No. 1000.0ff/-02-(X}6. BOARD OF APPEALS 8:05 p.m. Application of GERARDP. GOEHRINGER SOUTHOLD EQUITIES, INC., ~ ~"CHAIRMAN 195 Youngs Avenue, Southold, For further information, NY for a Variance to the pleasecontactIAndaKowalski Zoning Ordinance, Article VII, at the Seuthold Town Hall 765- Section 100-70 for permission 1809 (or 1802). · to establish residential and ITJy14-4297 - studio use of an existing building in this "B-1 General Business" District, located along the south side of Traveler Street, Southold, NY; County Tax Map Parcel No. 1000-61-01-015. 8:10 p.m. Application of DAVID AND BONNIE PASCOE, 900 Haywaters Road, Cutchogue, NY for a , ·:~ · Variance to the Zoning ~ :t~i'~ Ordinance, Article III, Section LEGAL NOTICE ~ NOTICE IS HEREi~ 100-119B for permission to GIVEN, pursuant to Sectio~ erect 6' fence which would exceed the maximum-height 267 of the Town Law and the~ requirement along the front Provisions of the AmendedI yard, at premises known as Code of the Town of Southold,~ 900 Haywaters Road, a Regular Meeting and the~ Cutchogue; Nassau Point following Public Hearings willt Properties Map 763, Lot 11; be held by the Seuthold Tow~. .- County Tax Map Parcel No. Zoning Board of Appeals at 1(X)0-111.03.06. the Southold Town Hall, M~ 8:15 p.m. Application for Road, Southold, New York, o~'! ROKE'S MARINA, INC., by THURSDAY, JULY 26. 1988~ ::A. A. Wickham, Esq., Main c°inmencin, g..atT:30o'c~0~ , Road, Mattituck, NY p.m. and as " appealing a'decision of the ~:30 p.m. Recesse~ ~bnilding inspector to vacate Hearing: .Ap_p..e..alNo. 3138~L~/Order to Reined V' · ~t-~RED J. Tl~,o ~ -urn ....... _.~_;~.o_ _p.m. Appheatmn~ ~tion 100-121A Provisions of ~to.~_ EE, NNEDY, 1~0 ~ the Zoning Ordinance t~oan, ratcnogue, NY 1177~ Appealed: Articles I, 100-13; for a Variance to the Zoning II, 100-23A~, VIII, 100- Ordinance, Article III, section ,80(B)[14] & [15]: XIV, 100- 100-30(A) for permission tO use property for businesi purposes, to wit: Video Tape Rental and Equipment Sales, at premises located at 332~ S.R. 25 and 225 Eugene s Road, Cutchogue; Filla Minor Subdivision Map 72, Lot 1; County Tax Map Parcel No. 1000-097-02-016.5. . 7:40 p.m. Application f~r ORIENT-EAST MARION PARK DISTRICT, by Garrett A. Stranl~. 54655 Main R~d 144(A)[2](B); Xl, 100-118. Location of Property: East Side of New Suffolk Road, New Suffolk, NY; County Tax Map No. 1000-117-5-28 & 25. 8:25 p.m. Application of PHILIP FRUMENTi, 8825 Stars Road, East Marion, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 ~or permission to construct carport in the frontyard area, at 3825 Stars STATE OF NEW YORK ) ) SS: COUNTY OF SUFFOLK ) Joan W. Gustavson of Greenport, in said County, being duly sworn, says that Ifil/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 0Ile weeks successively, commencing on the 1 4t:h day of July 19 83 4707878. ~ufto/k Expires March 30, incipal Clerk Sworn to before methis l~th dayof ,T~]~ y 19 83 The Suffolk Times Road, Southold, New York,~en THURSDAY, JUNE 23, 1§03 commencing at 7:30 p.m. and as follows: 7:30p.m. Recessed Hear- ings: Appeals No. 3126 and 3125. JACK LEVIN. Variance for two-family dwelling status. South Side of C.R. Greenport, . ? 35 p.m. Application of HANS H. RIEGER, 570 · · Harbor Road, Orient, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory garage in the fruntyard area at 370 Harbor 'Road, Orient, NY; County Tax Map Parcel No. 1000-0274M-006. = 7:40 p,m. Application of BRUCE AND PATRICIA STEWART, Schoolhouse Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct garage addition to o dwelling with an insufficient4 No. 1000-139-01-019. ~: ..... 8'20 p.m. Application of DO~G AND KARIN CON-~ STANT, 555 Village Lane, Orient, NY for a Varia.n .~. to the Zoning Ordinance, Article III, Section 100-31 - fori permission to coflstruct! addition to dwelling with an~ insufficient rearyard setback, at 555 Village Lane, OrientJ NY; County Tax Map Parcel No. 1000-25-2-5.1. -~: 6:25 p.m. Applicalion o[ MRS. GRACE E KENNEY 20~0 East Gillette Driv. e, Ea~t~ L.i~ Marion, NY for a Variance .,to the Zoning Ordinance, Article III, Sections 100-31 and 10034 for ]~ermissien to construct ~J~addRiun (two-car garage) with variation to the previous ' appeal, No. 3067, in the front · and/or sideyard areas at 2020 East Gillette Drive, East Marion, NY; County Tax Map Parcel No. 1000-038-03q}20. 8:35 p.m. Application of FRANK MESSINA, Box 368, Ronkonkoma, NY for a Variance to the Zoning Ordin- ance, Article III, Section 100-32 for permission to construct accessory building (horse barn) in the fruntyard area of premises known as i060 Foxhollow Road, Mattituck, NY; County Tax Map Parcel No. 1000-113-006- ~7.'55 p.m. Apphcatmn o ALFRED J. TERP, 1435 Hobart Road, Southold, NYi for a Variance to the Zoning] Ordinance, Article IH,! Sections 100-31, 100-34, for~ permission to construct bathroom addition to dwelling leaving an insttfficient ~ sideyard setback, at 143§ ~ Hobart Road, Southold, NY; [ County Tax Map Parcel No.~ ~, 1000-064-002-012. ~'S.O0 pm. Application ~-CU~CHOGUE. FREE LI- BRARY, Main Road, Cutcbogue, NY for a Special Exception to the Zoning sideyard setback at 870 Schoolhonse Road, Cutchogue, NY; County Tax Map Parcel 32 for permission to construct No. 1000-102-05-014 swimmingpool ' in the PANTONIOU, 55370 C.R. 48, ' Southold, Ny for a Variance to . Lot 222; County Tax Map the Zoning Ordinance, Article Parcel No. 1000-111-012-006 & III, Section 100-32 for ~07, (william B. Smith, agent) · permission to increase size of * ~ 8:45 p.m. Application for at55370CR 48, Southold, Ny; '.r -- ' ' '"e Zonin" County Tax Map Parcel N . ~,- ~..o ,~ A..*;,qo ,,n ~ ' '~i)m~NADppDlioc~Nti~tEOEf "lm0~a~6e0rillAs) in& th(eB )opte°n sat::: HELYEA, 1060 Foxhollow L upon th~s parce4 zoneu o- Road, Mattituck, NY for ~i Light Business. Location of Variance to the Zoning Property: 405 Kirwin Ordinance, Article III Section Boulevard, Greenport, NY; . County Tax' Map Parcel No. 9:00 p.m. ::' ~teCesSed Hearing; Appeal No. 3099. Application for DOROTHY REISE/RIAL REALTY CORP., By Rudolph H. Brunr, : ~Esq., Main Road, Southold, NY - arage and ~.,/on vacant parcel. EaSt u,ya Road, Southold, NY. . . 9:15 p.m. Application wr IRENE PAPADAKIS, by ,~;: Michael J. Hall as attorney, ~? Front Street, Oreenport, NY for an Interpretation of "skin care clinic" as a .home ~ occupation under ArUcle I, Section 100-13, Definitions· : Location of Property: 26165 Main' Road, Orient, 'NY; · County Tax Map Parce~ No. ... 1000-0t8-03-23. ,. ~ ~?/ Dated: June 10,1983. *~. ' - BY ORDER OF . THE SOUTHOLD TOWN Ordinance, Article VII, BOARDOFAPPEA~'o 'Section 100-70(B)[1] to es~b- GERAR13P. GOEHRINGEH lish library use in the existing CHAIRMAN building in this B-I District, at 25735 Main Road, Cutchngue, ' ' For ~urther information NY; County Tax Map Parcel concerning the above No. 1000-102-05022 ~ hearings, please contact 8'10 p m Ap~licatinn of i)~ Linde Kowa[ski, Secretary of ~ CU~CH~G{~E FREE LI* ~the Zoning Board of Appeals, BRARY, Main Road, ~' at 765-1809 (or 1802). j Cutchogue, NY for a Variance i~ 1TJ16-4276 ~ ~ tn thq Zonin~ Ordln__a_nc,e~ I, LEGAL NOTICE NOTICE IS HERERy GIVEN, 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 Public Hearings will be held by the Southold Town 'Board of Appeals at t~e Southold Town Hall, Main STATE OF NEW YORK ) ! SS: COUNTY OF SUFFOLK ) Karen Jean Rysko of Greenport, in said County. being duly sworn, says that bio/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published et Greonport. in tho Town of Southold. County of Suffolk and State of Now York. end that the Notice of which tho annexed ia p printed copy, hen been regularly published in said Newspaper once each week for one weeks nucceeslvely, commencing on the 1 day of June 19 8~ HELEN K. DE VOE PiJBLIC, State of N~,w York ~ 87& Suffefk County x~pres March 3~. / Pl~cipa, Clerk U Sworn to before me this 1 6~h day of June 19 83 NOTICE IS HEREBY GIV. EN, pursuant to Section 267 of the Town Law and the visions of the Amended Code of the Town of Southold, Regninr Meeting and the f~olinwing Public He~ings will be held by the Seuthold Town Board of Appeals et the Seuthofd Town H~il, M~in Roed, Sonthold, New York, on THURSDAY~ .RJN£ 23. 1983 Comml~nt~ing at 7:30 P.M. end as follows: 7:30 p.m. Recessed ings: Appe~s No. 3126 ~nd 3125..IACK LL:~qlq. Vaxiance for two-f&mily dwelling stems. Senth side of C.B. 48, Green- port. HANS H. RIF. G£B, 370 Her- bor Bond, Orient, N.Y. for V~riance to the Zoning Or- dinance, Article 111, Section 100-32 for permission to con. st~ct a~;cessory g~age ill the frontyerd ~rea et 370 lierbor Roxd, Orient, N.Y.; County Tax Map Parcel No. 1000-027,- 7:40 p.m. ApPlication of' BRUCE AND PATRICIA ST~- WART, Schoolhouse Bond, Cutcho~ue, N.Y. f~r a Vari- ance to the Zoning Ordinance, Article IH, Section 100-31 for 1~. rmission to construct g~rage nddition to dwelling with an sufficient sidey~'d setbnck et 870 Schoolhouse Bond, Cut~ chogue, N.Y.; County Tax M~p Parcel No, 1000-102-0~- ?:4~ p.m. Application of P~I'~R AND CALLIOPE PA- PANTONIOU, 55370 C.R. 48, Seuthold, N.Y'. for a Variance to the Zoning Ordinance, Article IH, Section 100-32 for permission to increase size of existing garage which is Iocat. ed in the sideynrd area, at 55370 C.R. 48, Southold, N.Y.; County Tax Map Parcel No. 1000-052-03-026. 7:$0 p.m. Applicallon of RICHARD AND DONNALEE RELYEA, 1060 Foxhollow Road, Mattituek, N.Y; for a Variance to the Zoning Ordin~-~° ante, Article IH, Section 100- 32 for permission to construct accessory building (horse barn) in the frontyard area of premises known as 1060 Fox-' hollow Road, MaUitoek, N.Y.; County Tax Map Pnrcel No. 1000-113-006.023. 7:55 p.m. Application of% ALFRED J. TERP, 1435 Ho- bart Road, Southold, N.Y. for a Variance to the Zoning Ordinance, Article Ill, Sec- tions 100-31, 100-34, for per- mission to constmct bathroom addition to dwelling leaving an insufficient sideyard setback at 1435 Hobart Road, South- old, N.Y.; Connty Parcel No, 1000.064.002.0)12..~' 8:00 p.m. AppliCation or CUTCHOGUE FREE LI- BRARY, Main Road, Cut- chogue, N.Y. for a Special Exception to the Zoning Or- dinance, Article VII, Section 100-70(B)[I] to establish ll- brsry use in the existing building in this B-I District, et 28735 Main Road, Cutchogue, N.Y.; County Tax Map Parcel No. 1000-102.05-022. 8:10 p.m. Application of COUNTY OF SUFFOLK ss: STATE OF NEV,/ YORK Patricia Wood, being duly sworn, soys that she is the Editor, of THE LONG 15LAND TRAVELER-WATCHMAN, a public newspaper printed et Southold, in Suffolk County; and that the notice of which the annexed is o printed copy, has been published in said Long Island Traveler-Watch- man once each week for .......................... ../. ........... weeks successively, commencing on the /6 ::~ cloy ........ .................. Swam to before me this .................. day of ........... ................. , Southold Town Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH II. SAWlCKI NOTICE IS HEREBY GIVEN, 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 Public Hearings will be held by the Southold Town Board of Appeals at the Southold Town Hall, Main Road, Southold, New York, on THURSDAY, JUNE 23, 1983 commencing at 7:30 p.m. and as follows: 7:30 p.m. Recessed Hearings: Appeals No. 3126 and 3125. JACK LEVINo Variance for two-family dwelling status. South Side of C.R. 48, Greenport. 7:35 p.m. Application of HANS H. RIEGER, 370 Harbor Road, Orient, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct~in th~ frontyard area at 370 Harbor R~ad, Orient, NY; County Tax Map Parcel No. 1000-027-04-006. 7:40 p.m. Application of BRUCE AND PATRICIA STEWART, School- house Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct garage addition to dwelling with an insufficient sideyard setback at 870 Schoolhouse Road, Cutchogue, NY; County Tax Map Parcel No. 1000-102-05-014. 7:45 p.m. Application of PETER AND CALLIOPE PAPANTONIOU, 55370 C.R. 48, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to increase size of existing garage which is located in the sideyard area, at 55370 C.R. 48, Southold, NY; County Tax Map Parcel No. 1000-052-03-026. building (horse barn) 1060 Foxhollow Road, 113-006-023. 7:50 p.m. Application of RICHARD AND DONNALEE RELYEA, 1060 Foxhollow Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory in the frontyard area of premises known as Mattituck, NY; County Tax Map Parcel No. 1000- 7:55 p.m. Application of ALFRED J. TERP, 1435 Hobart Road, ~outhold, NY for a Variance to the Zoning Ordinance, Article III, Page 2-Legal Notice of Hearings Southold Town Zoning Board of Appeals Regular Meeting of June 23, 1983 HoSeCtionsfor to construct bathroom addi- 100-31, 100-34, permission tion to dwelling leaving an insufficient sideyard setback, at 1435 _ bart Road, Southold, NY, County Tax Map Parcel No. 1000-064-002-0129 8:00 p.m. Application of CUTCHOGUE FREE LIBRARY, Main Road, Cutchogue, NY for a Special Exception to the Zoning Ordinance, Article VII, Section 100-70(B) [1] to establish library use in the existing building in this B-1 District, at 28735 Main Road, Cutchogue, NY; County Tax Map Parcel No. 1000-102-05-022. 8:10 p.m. Application of CUTCHOGUE FREE LIBRARY, Main Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article XI, Section 100-112(H) for permission to use accessory off-street park- ing area adjoining this premises for this proposed library. Loca- tion of Properties: North side Main Road, Cutchogue, NY; County Tax Map Parcels No. 1000-102-05-22 and 23. 8:15 p.m. Application for KATHRYN REEVE, by Scott R. Albrecht, West View Drive, Mattituck, NY for a Variance to the Zoning Ordi- nance, Article III, .Section 100-32 for permission to construct accessory building (garage) in the side yard area, at 855 West View Drive, Mattituck, NY; County Tax Map Parcel No. 1000-139-01-019. 8:20 p.m. Application of DOUG AND KARIN CONSTANT, 555 Village Lane, Orient, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addition to dwelling with an insufficient rearyard setback, at 555 Village Lane, Orient, NY; County Tax Map Parcel No. 1000-25-2-5.1. 8:25 p.m. Application of MRS. GRACE E. KENNEY. 2020 East Gillette Drive, East Marion, NY for a Variance to the Zoning Ordi- nance, Article III, Sections 100-31 and 100-34 for permission to construct addition (two-car garage) with variation to the previous appeal, No. 3067, in the front and/or sideyard areas at 2020 East Gillette Drive, East Marion, NY; County Tax Map Parcel No. 1000- 038-03-020. 8:35 p.m. Application of FRANK MESSINA, Box 368, Ronkonkoma, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct swimmingpool in the frontyard area, at 4355 Wunneweta Road, Cutchogue, NY; Nassau Point Filed Map, Lot 222; County Tax Map Parcel No. 1000-111-012-006 & 007. (William B. Smith, agent) 8:45 p.m. Application for DAYSMAN MORRIS, by Rudolph H. Bruer, Esq., Main Road, Southold, NY for a Variance to the Zoning Ordinance Article VI, Section 100-60 (A) & (B) to store materials in the open Pa~e 3 - Legal Notice~f Hearings Southold Town Zoning Board of Appeals Regular Meeting of June 23, 1983 area upon this parcel, zoned B-Light 405 Kirwin Boulevard, Greenport, NY; 1000-53-02-006. Business. Location of Property: County Tax Map Parcel No. 9:00 p.m. Recessed Hearing; Appeal No. 3099. Application for DOROTHY REISE/RIAL REALTY CORP., By Rudolph H. Bruer, Esq., Main Road, Southold, NY - garage and tennis court on vacant parcel. East Hyatt Road, Southold, NY. 9:15 p.m. Application for IRENE PAPADAKIS, by Michael J. Hall as attorney, Front Street, Greenport, NY for an Interpretation of "skin care clinic" as a home occupation under Article I, Section 100-13, Definitions. Location of Property: 26165 Main Road, Orient, NY; County Tax Map Parcel No. 1000-018-03-23. Dated: June 10, 1983. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS BY GERARD P. GOEHRINGER CHAIRMAN For further information concerning the above hearings, please contact Linda Kowalski, Secretary of the Zoning Board of Appeals, at 765-1809 (or 1802). INSTRUCTIONS TO NEWSPAPERS: Please publish once, to wit, Thursday, June 16~ 1983, and forward one affidavit of publication to Board of Appeals, Main Road, Southold, NY. Copies to the following on or about June 13, 1983: Mr. Jack Levin, C.R. 48, Greenport, NY Mr. Hans H. Rieger, 15 Harbour Road, Orient Mr. and Mrs. Bruce Stewart, Schoolhouse Road, Cutchogue Mr. and Mrs. Peter Papantoniou, 55370 C.R. 48, Southold Mr. and Mrs. Richard Relyea, 1060 Foxhollow Road, Mattituck Mr. Alfred J. Terp, 1435 Hobart Road (Box 64), Southold Mr. William Peters, Chairman Cutchogue-New Suffolk Library, Box 935, Cutchogue Mr. Scott R. Albrecht, West View Drive, Mattituck Mr. Kenneth Strachan, Builder for Karin and Doug Constant, Hog Pond Rd, Orie Mr. and Mrs. Doug Constant, 555 Village Lane, Orient Mr. and Mrs. Robert Kenney, P.O. Box 392, East Marion, NY 11939 Mr. William B. Smith, as agent for Frank Messina, 220 Mechanic St, Southold Mr. Frank Messina, P.O. Box 368, Ronkonkoma, NY 11779 Rudolph H. Bruer, Esq., as attorney for Mr. Daysman Morris and Rial Realty Corp. Anthony B. Tohill, Esq., 6 East Main Street, Riverhead, NY (Re: Reise) Hall and Hall. Esqs., F~9~ ~re~, ~e~t JUDITH T. TERRY TOWN CLERK RI'GISTRAROI VITAL SIAIISIICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 May 24, 1983 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3138 application of Alfred J. Terp for a variance. Also included is notification to adjacent property owners; Short Environmental Assessment Form; Letter relative to N.Y.S. Tidal Wetlands Land-Use; Notice of Disapproval from the Building Department; and survey. Southold' T~ ~ TOWN OF SOUTHOLD, NEW YORK FROM DECISION OF BUILDING INSPECTOR APPEAL NO.('-~//~ ~O DATE , .,,...~...~,,,c~,...~...-., .~..~ TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We).~lfz~.J.,...T.er.p .................................... of ...~.5....~.o..b.~.~..'C-...~.~...' ........................................... Name of Appelta,nt Street and. Number .. So~.tho.l.~ ........................................................................... Municipality ............................ HEREBY APPEAL TO 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 ( ) ( ) ........ Al.f.r.~d..,l[,..3le'rp...;x ....................................... Name of Applichnt for permit of ......................... .S..o.u..t. hp.!.,:). ..................... ................. Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY (X) Gonstruat Bathroom Addition 1. LOCATION OF THE PROPERTY .k~..~..~.t.!A.~.~.~.~..~.Z~..~ ......... Street Use District on Zoning Map .1OO0~06A~.0~I.Z .......................... ~l ................... Mop No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article III Section lO0-31Bulk S~hedule & Section 100-34(amended 2/1/83 renumbered from Section 100-36) 3. TYPE OF APPEAL Appeal is mode 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 (h~s) (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 ...................................................................... ( ) (X) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that Present side yard set back is not sufficient to permit proposed addition. (Continue on other side) REASON FOR APPEAL Continued sory HARDSHIP because 1. Would not permit a bathroom on the first floor. 2. Plaeed to the We~t, I would have to build a foundation and change my grease trap. 3. Placed to the East, ~ would have to rip out my back porch and build a foundation, which would then create a 20 feet wall instead of the existing 12 feet wall. 4. Placed to the South, I would have to build in my d~eway. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- 2. The hardship created is UNIQUE and is not shared by oil properties alike in the immediate vicinity of this property and in this use district because Of the way the house and drive are situated on my property. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because 1. The architecture of my house will be unified. 2. Building over an existing slab which would act as the foundation. STATE OF NEW YORK ) COUNTY OF~~ ss Sworn to this ..,.~...,~...~ .......... day ':' of the Petition of · t~lloard of Appeals of the Town of Southold : ~ Board of Appeals of the Town of Southold 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) (Special Exception) (Special Permit) (the following relief: ~ 2. That the property which is the subject of the Petition is Ioc~ated adjacent to your property and is des- cribe~ as follows: 1435 Hobart Road County Tax Ma.rd~lOOO $~t*~nn 064 RI~A~ f~9 I.nl-(~l? 3. That the property which is the subject of such P~ition is located in the following zoning district: Residential Zonin~ 4. That by such Petition, the undersigned will request the following relief: reduetion of side yard 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are: Article III Section lO0-34(Amended 2/1/R~ r~m~mh.r.d ~rnm ~r_~nn 100-36) 6. That within five days from the date hereof, a written Petition requesting the relief specified above 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. 7. That before the relief sought may be granted, a public hearing must be held o.n the matter by the Board of ~pp~_~ls; that a notice of such hearing must be published at least five days prior't0 the d~ate of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspaper, s pu ,b~shed in the Town of Southold amd designated for the publication of such notices; that you or your representativ~e have the right to appear and be heard at such hearing. Mr. Alfred J. Tarp PROOF OF MAILING OF NOTICE NAME ADDRESS 1. Mre. Joseph Stelzer Hobart Road No. RECEIPT FOR, I~t'l:m 2. Mr. John Pietrodangelo 3. Mrs. Lois Terp 1585 Hobart goad 1435 Hobart Road No. 4992 0 RECEIPT FOR CERTIFIED ~IAIL I~ mSUP, ANCE COVBiAeE (~e Revel) No. 499209 ~ECEIPT FO~ CERTIFIED MAIL ~ ~ ~NA~AL MAK STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss.: · residing at / _ J/~ ~ f being duly sworn, deposes an~a~! Ws that on the of ' ~/Z,~/Z~~ ' , 19 ,~ , deponent mailed a true copy of theNotice set forth on the re- verse s de fiereo~Fd rected to each of the'~'ove-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 roll of the Town of Southold; that said Notices were mailed at the United States Post Of- ' ' ' ; that said Notices were mailed to each of said persons by (~t '~, e~l~,~ r egis ~e r e d ) mall. / TREO W KAEUN. 'JR. 1Notary Public State of New York Residing in Suffolk County No. 52-7135315 - Sworn tg~efore, me this & ~ ~ day of ' Notary Public ~ SHORT ENVIRON~MENTAL ASSESS~{ENT FORM 0 0 D~ 0 0 0 0 0 0 INSTRUCTIONS: (a) In order to answer the questions in this short gAF is is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action, It is not ex-oected that additional studiss~ research or other investigations will be undertaken,' (b) If any question has been answered Yes the project may be significant and a completed Environmental Assessment Form is necessary, (c) If all questions have been answered No it is likely that this project is no.__~% significant, (d) Environmental Assessment Will project result in a large physical change to the project site or physically alter more than 10 acres of land? , , , , , . Will there be a major change to any unique or unusual land form found on the site? · . . Will project alter or have a large effect on an existing body of water? , o , o , Will project have a potentially large impact on groundwater quality? , , , , , , , , , , Will project significantly effect drainage flow on adjacent sites? · · · · · · · · · · 6. Will project affect any threatened or endangered plant or animal species? , , , , · · · ,., 7. Will project result in a major adverse effect on air quality? · · , , , , · Will project have a ~mJor effect on visual cha~- acter of the community or scenic views or vistas known to be important to the community? , , , Will project adversely impact any site or struc%- ure of historic, pre-historic, or paleontological importance or any site designated as a critical environmental area by a local agency? . . · 10. Will project have a major effect on existing or future recreational opportunities~ . . . ll. Will project result in major traffic problems or cause a major effect to existing transportation 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? · 13, Will project have any impact on public health or sa£ety? Will project Affect %he existing community by directly causing a ~rowth in permanent popula- tion of more than 5 percent over a one-year period Or have a major negative effect On the character of %he com~munity or neighborhood~ 15. Is there public controversl; concerning the project? Yes No TITLE: DATE: Yes Yes Yes Yes Yes Yes No Yes---- No Yes No Yes No Yes__ No Yes No Yes Yes (Today's 'Date) To: Southo!d To'~vn Board of Appeals ~!ain Road Southold, NY 11971 Re: A.ope l Applicat .on of Location of Property: Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use Regulations, 6 NYCRR, Part 661, and Article 25 of the New York State Environmental Conservation Law, please be advised that the subject property i~ the within appeal application: (please check one box) [ ] ~[ay be located within 300 feet of tidal wetiands; hc%~ever, constructed along the water-lying edge of this property is a bulkhead in very good condition and at least 100 feet in length.* [ ] ~ay b'e 'located within 300 feet of tidal wetlands; however, constructed along thewa~er~ -lyzng' edge of this property is a bulkhead in need of (minor) (major) repairs, and approximately feet in length. [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead less than 100 feet in length. ] May be located within 300 feet of tidal wetlands; .and there is no bulkhead or concrete wall existing on the premises. Is not located within 300 feet of tidal wetlands to the best of my knowledge.* [Starred items(*) indicate your property does not appear to fall within the jurisdiction of the N.Y.S. D.E.C.] Sincerely yours, NOTE: If proposed project falls witxh/n D.E.C. jurisdiction, approval must be received an~ submitt&d to our office before your application can be scheduled for a public hearing. Real Property Tax Service Agency Riverhead L I New York