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MAIN RE, AD- E~TATE I~{:3AO 25 SOLITHE}LD. L.l., N.Y. ]3¢J'~1
TELEPHONE (516) 765-1809
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 2998---
Application Dated May 24, 1982
TO:
Rensselaer G. Terry, Jr.,iEsq., as
attorney for M~Si' Margaret Dellano
Main Road, Southold, NY 11971
[Appellant (s) ]
At a Meeting of the Zoning Board of Appeals held bn July 29, 1982,
th~ above appeal wa~ considered, and the action indicated below was taken
on your [ ] Request"for Variance Due to Lack of Access to Proper~y
New York Town Law, Section 280-a
[ ] Request for Special Exception under the Zoning Ordinance
Ar%icle , Section
-- IX] Request for Variance to the Zoning Ordinance
Article III , Section 100-30A & B
[ ] Requ~s~ for
The public hearing on this matter was held on July 8, 1982.
Upon application of MARGARET DELL~NO, by Rensselaer G. Terry, Esq.,
Main Road, Southold, NY for a variance to the Zoning Ordinance, Article
IIi, Section 100-30A & B for permission to use pre-existing tourist home
altered to a three-aparrJaent building for use-as three-dwelling apartments
in this A-Residential and Agricultural Zone. Location of Property:
51255 County Road 48 and 50 Clark Road, Southold, NY; bounded north by
Corey; west by Clark Road; south by C.R. 48; east by Aurichic; County Tax
Map Parcel No. 1000-135-2-7.1.
The board made the following findings and determination:
By this appeal, the appellant seeks a variance to permit the continued
use of ~hree apartments on her premises.
The prem!ses are located at the northeasterly corner of County Route 48
and Clark Road in the Hamlet of Southold. The premises have an area of
approximately 22,000 square feet with a frontage of 135 feet on ~he north
side of County Route 48 and a frontage of approximately 173 feet on the
east side of Clark Road. The premises are and have been since the enact-
ment of the Zonin~ Code located in the "A" Residential and Agricultural
District. Appellant acquired the premises in 1952, at which time there
was erected thereon a two and one-half story main dwelling house together
with a small seasonal guest cottage in the rear thereof. The'dwelling
house had been operated as a seasonal tourist house for many years pr!or
to the enactment of the Zoning Ordinance in 1957. In 1966,. this board
granted permission to maintain a tourist house sign on the premises (Appeal
No. 855). In April 1976, this board granted a variance to permit the
set-off of the cottage in the rear tOgether with a parcel with a frontage
of 125 on Clark Road and a depth of 132 feet (Appeal No. 2116).
Appellant's application states that she continued ~o conduct a tourist
house business on the premises "long after the adoption of the Zoning
Ordinance on April 23 1957" and than when two of the tourists desired to
remain permanently~ the second floor of the building was altered to pro-
vide two apartments, each with separa=e kitchens. No permits were obtained
for such conversion. Appellant asserts that she was not aware that any
permits or other authorizations were required for such conversion. The
DATED: August 12, 1982,
Form ZB4 (rev. t2/81)
CHAIRMAN, SOUTHOLD TOWN ZONING BOARD
OF APPEALS
Page 2 - Appeal No. 2998
Mat%er of Margaret Deilano
Decision Rendered July 29,
1982
first floor of the building is occupied by appellant as her private
residence. The properties located on the west side of Clark Road
directly opposite %he subject premises consist of 50-foot lots con-
taining small seasonal cottages~ The subject premises fronts on
County Route 48, one of the two main heavily-traveled east-west
highways in the town. Appellant asserts that she has entered into
a contract for the sale of the premises which is conditional upon
the granting of this variance. She also states that if this
variance is not granted, that she will be unable to sell said
premises to a bona fide.purchaser.
This board finds %hat the plight of the owner is due to unique
circumstances and not to the general conditions of the neighborhood.
The building in question has never been used as a single-family
residence, its use as a tourist house predates the Zoning Ordinance
and continued for many years thereafter. This board also finds that
%he premises cannot yield a reasonable return if used only for the
purposes permitted by the Zoning Code, and further finds that the
use to be altowed by this variance will not alter the essential
character of the neighborhood. However, this board does believe
that the size and circumstances of the building and the size of the
lot upon which it is constructed does not warrant its use for more
than two families. Accordingly, the variance applied for is granted
to the extent of permitting the use of the building on the premises
as a two-family residence, subject uo the following conditions:
That the owner of the premises must reside therein;
2. That the use of the premises is limited to a uwo-family
dwelling with a minimum of 600 square feet of floor area for the
second-story dwelling unit;
3. That no sleeping or living quarters shail be permitted on
the third floor;
4. That the building and premises must comply with all appicable
State, County and local laws, rules and regulations as well as the
co~.~ regulations of the County Health Department for a two-family
d~?~lling;
5. That the building inspector shal! inspect the premises
annually to assure compliance with the provisions hereof.
Location of Property: 51255 County Road 48 (a/k/a 50 Clark Road),
Southold, NY; County Tax Map Parcel No. 1000-135-2-7.1.
Vbte of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis,
Sawicki and Douglass. This resolution was unanimously adopted.
v AND
so 9,UT Om TOWN
Town Clerk, Town o~
APPEALS r~OARD
MEMBERS
GERARD P. GOEHR1NGER. CHA1RMAN
CHARLES GRIGON~S. JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI
MAiN RDAD- STATE RDAD ;:g5
St'IUTHDLD. L.I., N.Y.
TELEPHONE [516~ 765~1809
NOTICE IS ~EREBY GIVEN, pursuant to Section 267 of the Town Law
and the Provisions of the Amended Code of the Town of Southold, the
following matters will be held for public hearing by the Southold
Town Board of Appeals at the Town Hallf Main Road, Southold, NY on
Thursday, July 8, 1982 commencing at 7:30 p.m. and as follows:
7:30 p.m. Application of ANNETTE GOLDEN CARNES, 1445 Bay Shore
Road, Greenport, NY for a Variance to the Zoning Ordinance, Article
Iii, Sections 100~3t and 100-36 for approval of the construction of
swimmingpool and deck with insufficient side and rear yard setbacks
at 1445 Bayshore Road, Greenport, NY; bounded north by Pipes Cove;
west by O'Brien; south by Bay Shore Road; east by Koehter; County Tax
Map Parcel No. 1000-53-4-4.
/~_ M~RGARET DELLANNO, by Rensse!aer G.~
7:35
p.m.
Application
of
?~y, Esq., Main Road, Southoid, NY for a Variance to the
Zoning
Ordinance, Article III, Section 100-30A & B for permission to use/
preexisting touris~-home altered to a three-apartment building for
use as $ three-dwelling apartments in this A-Residential and
Agricultural Zone. Location of Property:
51255 County Road 48 and
50 Clark Road, Southo!d; bounded north by Corey; west by Clark Road;
south by C.R. 48; east by Aurichio; County Tax Map Parcel No. 1000-
135-2-7.1.
7:45 p.m. Application for HA~ROLD E. WALTERS, by Richard 3.
Cron, Esq., Main Road, Cutchogue, NY for a Variance to the Zoning
Ordinance, Article XI, Section 100-115 for approval of suitable
screening around the periphery of the existing junkyard located
at 400 Nokomis Road, Southold; more particularly known as County
Tax Map District 1000, Section 78, Block 3, Lot 20 at Laughing
Waters.
7:50 p.m. Application of GEORGE H. AND BEVERLY G. BOEHLE,
Woodcliff Drive, Mattituck, NY for a Variance ~o the Zoning Ordi-
nance, Article III, Section 100-31 for approval of insufficient
area and depth of two parcels located at Westvlew, Mayflowe.r and
Woodcliff Drives, Mattituck; bounded north by Westview Drive; west
by Woodcliff Drive; south by Delisle Inc. and Orlowski; east by
~ayflower Road; County Tax Map Nos. 1000-107-8-24 and 1t.
Agenda P~ge 2
Southotd Town Board of Appeals
Regular Meeting of July 8, 1982
7:55 p.m. Application of pAUL AND BARBARA LEA~Y, 165 Second
Street, New Suffolk, NY for a Variance to the Zoning Ordinance,
Article III, Section 100-31 for permission to construct deck addition
with an insufficienu sideyard setback (and rebuild existing steps)
a~ 165 Second Street, New Suffolk, NY; bounded north by Pugsley;
west by Martin; south by Brophy; east by Second Street; County Tax
Map Parcel No. 1000-117-10-20.5.
8:00 o.m. Application of WILLIA_~ E. A~ND PAUL A. TUtTE, 1777
Harvard Avenue, Merrick, NY 11566 for a Variance to the Zoning Ordi-
nance, Article III, Sections 100-31 and 100-36 for permission to
construct addition uo existing dwelling with reduction in sideyard
at the South side of Midway Road, Southold; Cedar Beach Park, Filed
Map No. 90, Lot 113; further identified as County Tax Map Parcel
No. 1000-90-2-6.
8:05 p.m. Application of VERA GRETCHYN MARiNO, One Denton
Road, Kings Point, NY 11024 for a Variance for Approval of Access,
New York Town Law, Section 280A over a private right-of-wa5- located
off Soundview Avenue and referred to as "Hyatt Road - Private Road
No. 18", Southotd. Location of Property: 1925 Private Road %18,
Southold; bounded north by Nestage and Private Road; west by Lind-
meyer; south by L.I. Sound; east by Reise; County Tax Map Parcel
No. 1000-50-1-20.
8:15 p.m. Recessed Hearing: Application of VINCENT W.
ANNABEL, Appeal No. 2805.
8:20 p.m. Recessed Hearing: Application of NORTH FORK B~NK
AND TRUST CO., Appeal No. 2987.
Dated: June 17, 1982. BY ORDER OF THE SOUTHOLD TO~fN
BOARD OF APPEALS
GERARD P. GOEHRiNGER
CHAIRMAN
iBY Linda F. Kowa!ski, Secretary
Instructions t~ newspapers: Please publish once, to wit, Thursday,
July 1, 1982 and forward one affidavit of publication ~o: Board of
Appeals, Town Hall, Southold, NY i1971 on or before July 7, 1982.
FORM NO.3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD. N.Y.
NOTICE OF DISAPPROVAL
File No ................................
'~o..~.~&..A ~.0~....~...~..A. ~-7
...~..~..c,.....-T. ~ .'(. ............
PLEASE TArE NOTICE that your application dated ................. .'~..~./.-~... ~, 19
for 7~::nit te ccnz~act...~...~. ~.t?.( C./~. ?.4 .... 0..~...~. ,~..(fl..~y..~..c-. ~... (..c-~...~). .......... at
Location of Prope~y ............................................
~o~se ~o. S~ot ~ ............
County Tax Ma~ No. 1000 Section .... ~(~ . . . Block ..... ~ ....... Lot~ ~ .......
Subdivision ............ ~ .... Filed Map No ................. Lot No. -'"
is returned herewith and disapproved on the following grounds...~..~...~-~.~..T...?.~.~.{~..t?.~. T' .t~t~/L-'
~. ~ . r. .np. . . q ~ .rq. ~ ~. . . . . ~.c.o. q .~. , . . .~!.cr. ~. . . . .~.e. r . . ~. ~ r. .? .~. . ~ .t.~. . . . q ~ . ~ .~. . ~ o. ~. ~ ~
. .w.o. q~ c. . . .o. .tS . .x. . .~ ~ ~.~.~. ~. ~ ~. ~ . : /.~. . . r' ~ : .~. . . . & . . . .~+. . ~.~. . .-~. .~. . ~
................ . ./f~. . :./. .~ .....
Building Inspector
RV 1/80
TOWN OF ~OI~D, NE~ YORK
FROM DECISION OF' BUILDINGINSPECTOR'
APPEAL NO.
TOTT~IEZON~NG' BO;~,D OI;:'~'PPE~ILS, Tovf/~N OF SOUIH~D~ N, Y;
· 1~,, (:~) ...~~;~ ....................... ~' :..:.-~.;~8.~ ........ ............. ,...: ............
~'H~'~' TN~ B~I~LDING: ~N~R DENIED ~O ' .:' ; -
...... ~a~.LD~Zla~ .................................
Name of Applicant for p~mit
aS l¢o~th Road
......................................................... ~,u~hold ....................... ~t.e..,.~... ~o..~..~ ...........
Street end Number Muni;cipalit¥ State
PERMIT TO USE
PERMI~ FOE ~CUPA, NCY
~ance ~o ~ cont~ued ~e o~ ~h~ee a~n~s ~n p~e~es.
1. LOCATION OF THE PROPERTY ..Kar~'h..Raact....A....Resic[ent;if~)...a,n~.Agrtc~l~ural
Street Use District on Z~ning
..... ~.~r~.~..~ ~. ~Or.~..~...(C~CY ~ ~), ~n~ CZ~k.~d
M~ No. Lot No.
2. PROVISION (S) OF THE' ZONING ORDINANCE APPEALED (Indicote~ the .ArticJe, Section, Sub-
section and P~agraph of t~e Zoging Ordinance by number. Do n~,t ~uofe the Ozdinon~ )
3 TYPE OF APPEAL Appeal is mode herewith for
( ~ A~ VARIANCE to the Zoning Ordinance or'Zoning Map
( ) A MARIANCE due to lack of access (StYe of New York Town' ~ Chop. 62 Cons. Laws
Art. '16 Sec. ~80A Subsec~on 3
4. PREVIOUS APPEAL. A previous appeol~ (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 c variance
ono. ~as made in Appeal No. .............................. Dated ......................................................................
( )
( )
REASON FOR: APPEAL
A Variance to Section 280A Subsection 3
A V0'riance to the ZOn'ing Ordinance
is requested/or the reason that applicant: has oblr. a~aed a buyer ~ho des/.res
use sa~d prem/ses as a valid t:tn-ee family house. ~e B~ld~ Z~pec~o~.
de.ed ap~l~an~% ~q~st ~ ~e ~d ~at ~e c~ge ~ use ~0
ple ~ell~ use iS not a p~ted ~e ~n t~ "A" Resid~l and
cul~al zoned district.
Fon~
(Continue on other side)
REASON FOR APPEAL
Continued
1 STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces.
sorv HARDSHIP because premises were purchased by applicant on Janua~F 5~
1952 at which time premises were validly used as a tourist home know~
as "The Maples", which ise was continually carried on by applicant up
to and long after the adoption of the Zoning Ordinance on April 23, 1957;
when two of the tourists desired to remain more or less permanently,
plicant altered the buildin§ to accommodate them by installing partitions
so as to provide ~wo separate kitchens on the second floor, retaining
the first floor for applicant's personal use; at the time of such alter-
arians applicant was not aware of the requirement of any permits or ap-
provals. If applican~ is unable to obtain such appr~r, als she will suffer
severe financial loss as she will be unable to sell said premises to
the bona fide buyer who has si~ned a con=taCt of purchase, subject to
the provision that he can maintain the three separate apartments~
2 The hardship created is UNIQUE and is not snarec by oil properties alike in the immediate
wcmn',, of this property and ~ this use district because the prem~es COnSist of a
parcel app~.~e~ 172.85 fee~ by 135 fee~ (fron~a~ .~ Nor~ ~)
~ereas ~e area acres the s~ree~ (Clark R~d) is divided tn~o ~ny
s~ller lo~s, ~eh wi~ a s~ll b~aI~ ~ ~. ~e ~oper~y
~ately adjacen~ to ~e East consists of vaunt 1~, an~ ~r0s~ Co~y
R~d 48 (Nor~ R~d) ~e proper~y is a~o vacant. Said appIEcau= re-
sides on ~e flrst ~r, and ~e second flo~ ~ea is of l~ted s~e
a~ c~ld nO~ pr~de for large tally use, ~here Es no danger of traf-
fic co~estEom~ a~ w~ld not d~b ~he ~ace and quiet of ~e
netghb~h~.
3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because the :_i:~em~ses would
residential purposes in a neisbborhood
STATE OF NEW YORK )
)
ss
Notary Public
Signature
......................
OWNER
FORMER OWNER
LA, ND I iMP. __
TOTAL
OF $OUTHOLD ~OP[~'~Y
VILLAGE
FARM
COMM. CB. MICS.
DATE
REMARKS
SUB.
TYPE OF BUILDING
Mkt. Value
LOT
AGE
BUILDING CONDITION
NEW
FARM
Tillabid
Woodland
Meadowland
House Plot
NORMAL
Ac re
_]
BELOW ABOVE
Value Per Value
Acre
,D._Ep~H -
BULKHEAD
DOCK
FRONTAGE ON WATER
COLOR
M. Bldg.
Exte~i~
Extension
Extension
Porch
Porch
/sO"
Foundation
Bath
Breezeway
Garage
Patio
Total
Ext. Walls
Fire Place
Type Roof
Recreation Room
Dormer
Floors
interior Finish
Rooms 1st Floor
Rooms 2nd Floor
Driveway
DR.
FIN. B
ANTHONY B. TOHILL. P.G.
August 30, 1983
Town of Southold
Building Department
Main Road
Southold, NY 11971
Re: Margaret Dellanno - Main Road, Southold, New York
~tention: Linda Kowalski
Dear Linda:
As per my secretary's phone conversation with your offices
on August 29th, could you please provide me with a copy of the
survey of Mrs, Dellanno~s property. Enclosed is my check for $1,00
to cover your expense for this copy. Also enclosed is a self-addressed
stamped envelope for your use in remitting same to my office.
ABT/bb,~a~
Enclosures
Very truly yours,
Anthony~B. Tohill
Towu of Southold
Board of Appeals
COUNTY OF SUFFOLK
DEPARTMENT OF PLANNING
(516) 360-5513
LEE E. KOPPE~I..MAN
August 23, 1982
Applicant:
Mun. File No.:
S.C.P~D. File No.:
Margaret Dellanno
2998
SD-82-8
Gentlemen:
Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County
Charter, the above referenced application which has been submitted to the Suffolk
County Planning Commission is considered to be a matter for local determination.
A decision of local determination should not be construed as either an approval
or disapproval.
Comments: Occupancy of the dwelling by more than two (2) families appears
inappropriate and unwarranted.
.CC.N: J k
Very truly yours,
Lee E. Koppelman
Director of Planning
Gerald G. Newman
Chief Planner
11788
Southold Town Boa f Appeals -4- July 8, 1982 Regular Mtg.
PUBLIC HEARING: Appeal No. 2998. Application of MARGARET DELLAN~,
by Rensselaer G. Terry, Esq., Main Road, Southold, NY for a Variance to
the Zoning Ordinance, Article III, Section 100-30A and B, for permission
to use pre-existing tourist-home altered to a three-apartment building for
use as three-dwelling apartments in this A-Residential and Agricultural
Zone. Location of Property: 51255 County Road 48 and 50 Clark ~oad,
Southold, NY; bounded north by Corey; west by Clark Road; south by C.R.
48; east by Aurichio; County Tax Map Parcel No. 1000-135-2-7.1.
The Chairman opened the hearing at 7:41 p.m. and read the legal
notice of hearing in its entirety and appeal application.
CHAI~4AN GOEHR!NGER: We have a copy of a survey prepared o~
April 6, 1982 by Mr. VanTuyl indicating the house in question, whi¢~is
the nature of this application and where it lies on the property. We
also have a copy of the County Tax Map showing this property and the
surrounding properties. Mr. Terry.
RENSSELAER G. TERRY: I appear here on behalf of Mrs. Dellano,
who as you read in the applicati0n 'purchased the property in January
of 1952 and continued to operate it as a tourist home. In addition
the Maples sign continues at the present time.
Mrs. Dellano has always in a very pleasant manner and
so far as I know there have been no difficulties, and the people
residing there have always been of a quiet nature. It has been and
will continue to be a residential area . Since some of you ha~e viewed
the area, you are aware that the kitchen and living space are very
limited areas so there would not be a large number of persons occupying
the building.
Mrs. Dellano was not aware at the time of the change and that
she should have made such an application. She will be in a financial
bind if she cannot get some relief here. If this is granted, the
character of the neighborhood will not change. I think it's quite
a peaceful residential area. Because of the size of the building it
would be difficult and you'd have to have a' large family live there.
I would like to leave a petition signed by some or ~he neighbors and
former tourists and ask that you give favorable consideration.
(Mr. Terry submitted a petition containing 34 signatures request-
ing this board to approve Mrs. Dellano's variance application.)
MR. CHAIRMAN: Is there anyone else to speak on behalf of the
application. Anyone against? (None) Hearing no further comments,
I'll make a motion closing the hearing and reserving decision until
a later date.
On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was
RESOLVED, to close the hearing and reserve decision until a
later date in the matter of Appeal No. 2998. MARGARET DELLANO.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis,
Douglass and Sawicki. This resolution was unanimously adopted.
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 ROAD 25 BQUTHOLD, L.I., N.Y. 11¢~71
TELEPHONE (516) 765-1809
August 12, 1982
Rensselaer G. Terry,
Main Road
Southold, NY 11971
Jr., Esq.
Re: Appeal No. 2998 - Margaret Dellano
Decision Rendered July 29, 198.2
Dear Mr. Terry:
Pursuant to our telephone conversation, please be advised
that one condition was erroneously left out of the August 2, 1982
letter to you concerning this application as follows:
That the owner of the premises must reside therein.
Enclosed herewith is a copy of the formal determination and
findings which has been recently filed with the Town Clerk.
If you have any questions, please do not hesitate to call
our office.
lk
Enclosure
Copy of Decision To:
Building Department
Mrs. Margaret Dellano
Yours very truly,
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT 3. DOUGLASS
JOSEPH H. SAWlCKI
Southold Town Board of Appeals
MAIN RE]AD- STATE RnAD 25 SOUTHOLD, L.I., N.Y.
TELEPHONE (516) 765-1809
August 2, 1982
Rensselaer G. Terry,
Main Road
Southold, NY 11971
Jr., Esq.
Re: Appeal No. 2998 - Margaret Deltano
Dear Mr. Terry:
This letter is to confirm that the following action was taken
at a Regular Meeting of the board held last Thursday, July 29, 1982
concerning the above appeal:
RESOLVED, that Appeal No. 2998-application of Margaret Dellano
be granted permission to use the subject building as a two-family
residence in this A-Zone, SUBJECT TO THE FOLLOWING CONDITIONS:
1. That the use of this property is limited to a two-family
dwelling with a minimum of 600 square feet for the second-story unit;
2. That no sleeping or living quarters are permitted on the third
floor;
3. That this property and building must comply with all state,
county, local and health department codes for a two-family dwelling;
4. Annual inspections by appointment by enforcing officers of
the t6wn.
An official, formal determination and findings will be filed with
the office of the Town Clerk as soon as possible and simultaneously
forwarded to you for your records.
If you have any questions, please do not hesitate to call our
~Page 2
Matter of Margaret Dellano
Appeal No. 2998
office.
cc: Building Department
Yours very truly,
GERARD P. GOEHRINGER
CHAIRMAN
TOWN OF SOUTHOLD
OFFICE OF BUILDING INSPECTOR
P.O. BOX 728
TOWN HALL
SOUTHOLD, N.Y. 11971
July 14, 1982
TEL. 765-1802
SUBJECT:
LOCATION:
Zoning Violation, illegal 3-family conversion
Margaret Dellano
51255 County Rd. 48 & 50 Clark Rd.
Southold, N.Y.
Co. Tax Map # 1000-135-02-007.001
Dwelling is located in the "A" Residential District.
There is no record of permission to convert this one-family
dwelling to multiple dwelling use and no permits have been
issued.
Indications are that conversion to multiple dwelling was
made approximately 14 years ago. At that time one-family use
was the only use permitted in this district. The tourist
business conducted within the dwelling was a non-conforming
use,
On June 16, 1966, the Board of Appeals granted a Special
Exception to maintain a tourist sign on premises, Appeal #855,
which required an annual renewal. Board of Appeals records show
that this Special Exception has not been renewed and therefore
the tourist sign would no longer be permitted.
On April 12, 1982, the Building Dept. made an inspection
of the building for the purpose of issuing a Pre-Existing Cer-
tificate of Occupancy. The inspectors report shows the build-
ing now contains three living units, one on the first floor
occupied by owner, two on second floor, occupied by tenants,
and three rooms made for living quarters on the third floor.
This structure is a wood frame building (type 5 construc-
tion, N.Y. State Construction Code) and occupancy of the
third floor is prohibited.
Three or more living units
dwelling. Each living unit, as
850 sq. feet of habitable space
is a one bedroom apartment.
are considered a multiple
required by law, shall contain
or 600 sq. feet if the unit
The minimum land area required for multiple family use
is 80,000 sq. feet. This property contains a little over
26,000 sq. feet.
As a Pre-Existing building the sewage system for one-
family use, no doubt, would not meet today's requirements for
a single dwelling. The Suffolk County Health Department should
be contacted for approval of facilities if this multiple use
is permitted to continue.
July 14, 1982 ?age 2
It is suggested that the owner of premises do the following
to correct violation:
make application to Building Dept. for a
permit to convert and alter dwelling for
three living units accompanied by complete
floor plans of living units within building
2. submit Health Department approval from Suffolk
County H.D. for water and sewage systems
3. apply for variance for multiple family use
in the "A" Residential Dist.
apply for variance for insufficient lot area
for multiple family use
5. prohibit use of third floor for living
purposes.
An application has been submitted to the Building Depart-
ment for a ?re-Existing Certificate of Occupancy. Since our
records establish a single dwelling, a Certificate of 0eeupancy
can not be issued for this present illegal three family use.
Also, while in use as a three family dwelling, the discontinued
tourist use would have lost its non-conforming status.
R~/c t ful lY~,~it ted,
E war F. H~indermann
Building & Housing Inspector
EFH:ec
(~'~?A Chairman/Members copies
( ) E:'.i] :2.[:? Dopt.
-- ~-- ~<--: ~ his lgent
( ~Original for ZBA file
~ L ) ~O~ents or Reply Requested
We urge your full approval of Margaret D~lano's applf=
will n. pt in way interfere w~ith the welfare of th, e p
' We,
the und,~gned hereby petition the~aZd of Zoning Appeals
and request that the board approve the application of Margaret
Dellamo. We are wholly in accord with her application and urge
its approval. (lines for names .a. nd addresses) Sign in BLACK ink.
Southold Town Board of Appeals -6- April 29, 1976
After investigation and inspection the Board finds that
applicant requests permission to construct rear porch which
will leave insufficient rear yard on the west side of Gillette
Drive, East Marion, New York. The findings of the Board are
that applicant possesses an undersized lot which was created
prior to the establis~nent of an Ordinance. The Board agrees
with the reasoning of the applicant.
The Board finds that strict application of the Ordinance
would produce practical difficulties or unnecessary hardship'
the hardship created is unique and would not be shared by all
properties alike in the immediate vicinity of this property
and in the same use district; and the variance will not change
the character of the neighborhood, and will observe the spirit
of the Ordinance.
On motion by Mr. Gillispie, seconded by Mr. Doyen, it was
RESOLVED, Duncan K. & Charlotte B. Haldane, (George
Ahlers, Builder, 250 Cox Lane, Cutchogue, New York), be GRANTED
permission to construct rear porch which will leave insufficient
rear yard on the west side of Gillette Drive, East Marion, New
York, as applied for, subject Lo the following condition:
That the porch shall be enc]os~d with screens and shall not
now or eve~ be made into a permanent enclosure, or habitable
space.
Vote of the i~oard: Ayes:- H~ssrs: GJ]]ispie, Bergen, ~ulse,
G:~Jgonis, Doyen.
PUBLIC }{EARING: Appeal No. 2t]6 - 8:15 P.M. (E.D.S.T.) upon
application of Margaret Dellanno, North Road and Clark Road,
Southold, New York for a variance ~n accordance with the Zoning
Ordinance, Article III, Section 100-30 and Bulk Schedule for
permission to divide property with existing dwellings with in-
sufficient width and area. Location of propelty: North side of
North Road (CR27) & Clark Road, Southold, bounded on the north
by Hertzberg; east by D. Aurichio; south by North Road (CR27) ;
west by Clark Road. Fee paid $15.00.
The Chairman opened the hearing by reading the application
for a variance, l~gal notic6 of hearing, affidavits attesting to
its publication in the official new:~papcrs, and notice to the
applicant. The Chairman also read notification of certified mail
to Mrs. Lee Hertzberg and P~r. D. Au}-ichio.
Southold Town Board of Appeals -7- April 29, 1976
THE CHAIRMAN: A survey accompanying the application
indicates that the property consists of a main dwelling on
the corner of Clark Road and North Road, and the lot to be
set off is 125' x 132' leaving 172 feet on Clark Road and
135 feet on North Road.
THE CHAIRMAN: Is there anyone present who wishes to speak
for this application?
MRS. ~RGARET DELLANNO: I came myself.
THE CHAIP~MAN: The proposal is to sell off the cottage.
MRS. DELLANNO; Eventually, not right away. It's a lot
of work to try to take care of two places. I think it would be
easy to sell the cottage. All the houses across the way are on
50 foot lots. We sold land to Mr. Hertzberg about 20 years ago.
THE CHAIRMAN: Is there anyone present who wishes to
speak against this application?
(There was no response.)
After investigation and inspection the Board finds that
applicant requests permission to divide property with existing
dwellings with insufficient width and area on the north side
of No~th Road (CR27) & Clark Road, Southold, New York. The
findings of the Board are that the division of this property
will not change the character of the neighborhood; the area
acros£ the street is, in fact, divided into smaller lots than
applicant proposes to create. The Board agrees with the
reasoning of the applicant.
The Board finds that strict application of the Ordinance
would produce practical difficu]ti¢~s or unnecessary hardship;
the hardship created is unique and would not be shared by all
proper[ies alike in the immediate vicinity of this property
and in the same use distriot; and the variance will not change
the character of the neighborhood, and will observe the spirit
of the Ordinance.
On motion by Mr. Hulse, seconded by Mr. Doyen, it was
RESOLVED, Margaret D~llanno,North Road and Clark Road,
Southold, New York, be GRANTED permission to divide property
with existing dwellings with insufficient width and area on
the north side of North Road (CR27) 7 Clark Road, Sou%hold,
as applied for. subject to Suffolk County Planning Commission
approval.
Vote of the Board: Ayes:- Messrs: Gil]ispie, Bergen, Hulse,
Grigonis, Doyen.
Town Bo~ of Appeals
-18-
July 8, 1982 Reg. Mtg.
~Ap~,eal No. 2991 - Miriam Batson, continued:)
Location of Property: Bayview Drive, East Marion, NY; more parti-
~'uiarly known as Gardiners Bay Estates Filed Map No. 275, Lots 123 and
12'4; County Tax Map Parcel No. 1000-37-4-3. -
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen and
~..~icki. Member Douglass abstained.
This resolution was adopted by majority vote.
APPEAL NO. 3006. RESERVED DECISION: Application of VERA GRETCHYN
[[~3 ~or approval of access at "Hyatt Road," Southold. The public
!r~.7 was held earlier this evening, at which time the hearing was
~>d closed pending further research and deliberations.
was agreed among the board members and Mr. Lessard, Executive
~nzstrator for the Building Department, that further research con-
"Open Development" in this area will be done as early as possible.
[~iSERVED DECISION: Appeal No. 2997. Application for ANNETTE GOLDEN
L~S by A.A. Wickham, Esq. The public hearing was held earlier this
~Inq, at which time the hearing was declared closed awaiting further
.~mation.
The board asked that the secretary forward correspondence to the
":-ney, Miss Wickham, requesting the square footage of the structures
'~.e parcel, including the square footage of the deck and pool areas,
.~Yder to determine the total lot coverage percentages. The board is
a~vaiting the exact distances at the side lines.
APPEAL NO. 3001. RESERVED DECISION. Application for HAROLD E.
~i~RS for approval of suitable screening around the periphery of the
.~t~ng junkyard at Nokomis Road, Southold.
The board wishes to discuss this matter with the Town Attorney.
No decision was rendered at th~s time.
RiESERVED DECISION: Appeal No. 2998. Application for MARGARET
~.~[~. by R. Terry, Esq. The public hearing was held earlier this
~n~7, at which time the hearing was declared closed pending further
,_ ~rch and deliberations. It was the agreement of the board members
· Mr. Lessard that a "fire inspection" should be made of the structure
.~r to a decision. Mr. Lessard would have a report submitted as early
~ossible.
~s!ons of the Amended
.: :~ .%he Town of
~e k~Id for public hearin
the Southold Town Board of
'Appeals at the Town Hall,
Main Road, Southold, NY on
Thursday, July 8, 1982 com-
mencing at 7:30 p.m. and as
follows:
.7:30 P.M. Application of
.~. ~~ : -:
nes, 1445 Ray Shore Road,
Greenport, NY for a Variance
to the Zoning Ordinance,
Article III, Sections 100-31 and
100-38 for approval of the
construction of swimmingpooi
~nd deck with insufficient side
~nd rear yard setbakcs at
1445 Bayshore Road, Green-
port, NY; bounded north by
Pipes Cove; West by O'Brien;
south by Bay Shore Road; east
by Koehler; County Tax Map
Parcel No. 1000-53-4-4.
yMAT:35 P.M. Application of
RGARET DELLANNO, by
Rensselaer G. Terry, Esq.,
Main Road, Southold, NY for a
Variance to the Zoning Ordi-
nance, Article III, Section
100-30A & II for permission to
use pre-existing tourist-home
altered to a three-apartment
lbuilding use as
for
three-
dwelling apartments in this
A-Residential and Agricultural
Zone. Location of Property:
51255 County Road 48 and ,50
Clark Road, Southold; bound-
ed north by Corey; west by
Clark Road; south by C.R. 48;
east by Aurichin; County Tax
Map parcal No. 1000.135-2.
7.1.
7:45 P.M. Appilcatinn for
HAROLD £. WALTERS, by
Richard J. Cron, Esq., Main
Road, Cutchogue, NY for a
Variance to the Zoning Ordi-
nance, Article XI, Section
100-115 for approval of suit-
able screening around the
periphery of the existing
juokyard located at 400 No-
komis Road, Southold; more
particularly known as County
Tax Map District 1000, Section
78, Block 3, Lot 20 at Laughing
Waters.
7:50 P.M. Application of
GEORGE H. AND BEVERLY
G. BOEHLE, Woodciiff Drive,
Mattituck, NY for a Variance
to the Zoning Ordinance,
Article IH. Section 100-31 for
approval of insufficient area
and depth of two parcels
located al Wes_tview, May-'
flower and Wcodcliff Drives;
Mattituck; bounded north by
Woodcliff Drive; south by
Delisle Inc. and Orlowski;
ernst by Mayflower Road;
'County' Tax JVlap Nos. i000-'
107-8-24 and 11. '
7:55 P.M. Application of
PAUL AND BARBARA
LEARY, 165 Second Street,
New Suffolk, NY for a
Variance to the Zoning Otdi=
nonce, Article IH, Section
t~-. 100.31 for permission to'
construct deck addition with
{and rebuild existing steps) at
165 Second Street, New
Suffolk, NY; bounded no~th by
Pugaley; west by Martin;
south by Brophy; east
~'*~Second Street; County Tax
-.:Map Parcel No. 1000-117-10-
~:~ 20.5 ~ ..~z~_. :- ;~ .x~,
PstrJcia VVood, beir~.', y sworn, soys thor sma ;c
Editor, of TIdE LONG IS TRAVELER-WATCHMAN,
a public newspoper printed or 5outhold. in Suffolk County;
and that the notice of which the annexed is a printed copy,
has been published in said Long Island Traveler-Watch-
/
msn once each week for ........................................ weeks
successively, commencing on the / ~
Y -f-;"": ......... ........... i ...... ,,
Sworn to before me this '¢u~z~
................................ day of
19...~....>~.
8:00 P.M. Application of
WILLIAM E. AND PAUL A.,
· TUITE, 1777 Harvard Avenue,
Merrick, NY 11566 for a'
Variance to the Zoning Ordi.
nance, Article III, Sections
100-31 and 100-36 for permis-
sion to construct addition to
existing dwelling with reduc-
tion in sideyard at the Sooth
side of Midway Road, South.
old; Cedar Beach Park, Fried.
Map No. 90, Lot 11~; further
identified as County Tax Map
Parcel No. 1000-90-2-6.
8:05 P.M. Application of
V~RA GRETCHYN MARLNO,
One Denton Road, Kings
Point, NY 11024 for a Variance
for Approval of Access, New
York Town Law, Section 280A
over a private right-of, way
located off Soundview ~
and referred to as "Hyatt
Road. Private Road No. 18",
Southold. Location of Proper-
ty: 1925 Private Road #18,
Southold; bounded north by
Neslage..n~d- Private ' Road~ '~
west by Lindmeyer;'south by' l
L.L Sound; east by ReiseJ ~
County Tax Map Parcel No. ~
1000-50-1-20. /
8:15 P.M. Recessed Hear. ~
ing: Application of VINCENT
W. ANNABEL Appeal No,
2805.
8:20 P.M. Recessed Hear-
ing: Application of NORTH
FORK BANK AND TRUST
CO., Appeal No 2987.
Dated: June 17, 1982
By Order of the Southold Town
Board of Appeals
Gerard P. Goehringer,
Chairman
By Linda F. Kowalski,
Secretary
1T-7/1/82 {28) I
CLEMENT J. THOM PSOt~
NOTARY PUBLIC, State d Nel
No. 52-9321725
R~idinll In Suffolk Gounl~
Commission Expire~ March .30,
TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, N. Y., Dr.
v ............... .~ ......... : ..................... ~ ............................................................. t~l~,lmlxlxt
Ad d tess.....~. :.~:~ .z..~:.~.'. ~ ~ ......... _..., ........ : ...................................
or Soc. Security No ..............................
The undersigned (Claimant) (Acting on behalf of above named Claimant) does hereby certify that the foregoing
(Cross out one)
claim is true and correct and that no part thereof has been paid, except as therein stated, and that the balance
therein stated is actually due and owing.
Dated .......... ~/~. ................................ 19....~......~. //t_~.~ ~ ~,.,,.~ ~ ~7~'~ ~/',~
........ .~. ~. ..........................................
S/gna ture
LEGAL NOTICE
NOTICE IS HEREBY
GIVEN, pursuant to Section
267 of the Town Law and the
Provisions of the Amended l
Code of the Town of Southold,
the following matters will be
held for public hearing by the
Southold Town Board of
Appeals at the Town Hall,
Main Road, Southold, NY on
Thursday, July 8, 1982,
commencing at 7:30 p.m. and
as follows:
7:30 p.m. Application of
ANNETTE GOLDEN
CARNES, 1445 Bay Shore
Road, Greenport, NY for a
Variance to the Zoning Ordi- ~,
nonce, Article III, Sections.///'
100-31 and 100~36 for approval
of the construction otswim-
mingpool and deck with
insufficient side and rear yard
setbacks at 1445 Bayshore
Road, Greenport, NY;
bounded north by Pipes Cove;
west by O'Brien; south by Bay
Shore Road; east by Koehler;
County Tax Map Parcel No.
100~53-4.-4.
~'7:35 p.m. Application of~
MARGARET DELLANNO, by
Rensselaer G. Terry, Esq.,
Main Road, Southold, NY for a
~Variance to the Zoning
Jgrdinance, Article III, Section
~I00-30A & B for permission to
use preexisting tourist-hom~
altered to a three-apartment
building for use as three:
lwelling apartments in this A-
tesidential and Agricultural
',one. LocatiOn of Property:
4255 County Road 48 and 50
Clark Road, Southold;
bounded north by Corey; west
by Clark Road; south by C.R.
48; east by Aurichio; County
Tax Map Parcel No. 1000-13~2
~,-7.1.
7:45 p.m. Application for
HAROLD E. WALTEBS, by
Richard J. Cron, Esq., Main
Road, Cutchogue, NY for a
Variance to the Zoning Ordi-
nance, Article XI, Section
115 for approval of suitable
screening around the
I~eriphery of the existingj
]unkyard located at 400
Nokomis Road, Southold;
more particularly known as
County Tax Map District 1000,
Section 78, Block 3, Lot 20 at
Laughing Waters.
7:50 p.m. Appliation of
GEORGE Ii. AND BEVER-
LY G. BOEHLE, Woodcliff
Drive, Mattitock, NY for a
Variance to the Zoning Ordi-
nance, Article III, Section 10~-
31 for approval of insufficient
area and depth of two parcels
located at Westview,
Mayflower and Woodcliff
Drives, Mattituck; bounded
north by Westview Drive;
west by Woodcliff Drive;
south by Delisle Inc. and.!
Orlowski; east by Mayflower
Road; County Tax Map No~.
1000-107-8-24 and 11.
7:55 p.m. Application of'
PAUL AND BARBARA
LEARY, 165 Second Street,
New Suffolk, NY for a
Variance to the Zoning Ordi-
nance, Article III, Section
31 for permission to construct
deck addition with an insuf-
ficient sideyard setback (and
rebuild existing steps) at 165
Second Street, New Suffolk,
NY; bounded north by
Pugsley; west by Martin;
south by Brophy; east by
Second Street; County Tax
Map Parcel No. 1000-117-10-
20.5.
8:00 p.m. Application qf
WILLIAM E. AND PAUL A.
TUITE, 1777 Harvard Avenue,
Merrick,~NY 11566 for a
Variance' to the Zoning
Ordinance, Article III, Sec-
tions 100-31 and 100-36 for
permission to construct add/-
tion to existing dwelling with
reduction in sideyard at the
South side of Midway Road,
Southold; Cedar Beach Park,
Filed Map No. 90, Lot 113;
further identified as County
Tax Map Parcel No. 1000-90-2-
6.
0:05 p.m. Application of
VERA GRETCHYN MARl-
NO, One Denton Road, Kings
.~. oint, NY 11024 for a Variance
for Approval of Access, New
York Town Law, Section 280A
over a private right-of-way
located off Soundview Avenue
and referred to as "Hyatt
Road - Private Road No. 18",
Southold. Location of
Property: 1925 Private Road
//18, Southold; bounded north
by Neslage and Private Road;
west by Lindmeyer; south by
L.I. Sound; east by Reise;
County Tax Map Parcel No.
1000-50-1-20.
8:15 p.m. Recessed
Hearing: Application of
VINCENT W. ANNABEL, Ap-
peal. No. 2805.
0:30 p.m. Recessed
fNearing: Application of
ORTH FORK BANK AND
TRUST CO., Appeal No. 2987.
Dated: June 17, 1982.
BY ORDER OF
THE SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P. GOEHRINGER
CHAIRMAN
By Linda F. Kowalski,
Secretary
//1TJyl-4001
COUNTY OF SUFFOLK,
STATE OF NEW YORK, ~ ss:
.??.o.~..~1..~ .~?'.s..o.~. ................... being duly Sworn,
says that .h..e ..... is Printer and Publisher of the SUFFOLK
WEEKLY TIMES, a newspaper published at Greenport, in said
county~ and that th~ notice0 o! which the annexed is u Printed
copy, has been published in the said Suffolk Weekly Times
once in each week, ivr ....... olde ................ weeks
succossiv~ly commencing on the ..... ~..~.~. .................
day ....... (
Swoxn to before me this ...~.~.~ .....
of .... ........
HELEN K DE VdE
NOTARY PUBLIC, Slate of New V,~rk
No 4107871, Su~f~l~ C~unt~
Term Expires March 30, 19,::~....~
Copies of the Legal Notice for July 8, 1982 to the following on
or about June 28, 1982:
L.I. Traveler-Watchman
Suffolk Times, Inc.
Town Clerk Bulletin Board
Abigail A. Wickham, Esq. for A. Carnes and NFBTC
Ms. Annette G. Carnes
Rensselaer G. Terry, Esq. for M. Dellano
Ms. M. Dellano
Richard J. Cron, Esq. for H. Walters
Mr. and Mrs.
Mr. and Mrs.
Mr. and Mrs. Wm. E.
Vera G. Marino, Esq.
Mr. Vincent W.
George H. Boehle
Paul Leary
Tuite at Merrick and Southold
at Kings Point
Annabel, Stillwater Avenue, Cutchogue
Southold Town
of Appeals
~July 8, 1982
ENVIROMENTAL DECLARATION: Appeal NO. 2998. Applicatioh
of MARGARET DELLANNO. Variance for permission %o us.e preexisting
tourist home altered to a three-apartment building for use as
three-dwelling apartments in an A-District.
On motion by Mr.
it was
RESOLVED, to declare the following Negative Environmental
Declaration concerning the matter of Margaret Dellanno:
ENVIRONMENTAL DECLARATION:
Pursuant to Section 617.13 of the N.Y.S. Department of
Environmental Conservation Act, Article 8 of the Environmental
Conservation Law, and Section 44-4 of the Southold Town Code,
notice is hereby given that the Southold Town Board of Appeals
has determined that the subject project as proposed in this
appeal application is hereby classified as a Type II Action,
not having a significant adverse effect upon the environment
for the following reason(s):
An Environmental Assessment in the Short Form has been
submitted which indicates that no significant adverse effects
were likely to occur should this project be implemented as
planned.
This declaration should not be considered a determination
made for any other department or agency which may also be in-
volved, nor for any other project not covered by the subject
appeal application.
Location of Property:
Southold, NY.
51255 C.R. 48 and 50 Clark Road,
Vote of the Board: Ayes:
JUDITH T. TERRY
TOWN CLERK
REGISTRAR O[ VITAL STATISTICS
Southold, L. 1., N. Y. 11971
May 24, 1982
TELEPHONE
(516) 765-1801
To:
Southold Town Zoning Board of Appeals
From: Judith T. Terry, Town Clerk
Transmitted herewith is Zoning Appeal No. 2998 application of Margaret Dellanno
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 o£ DisapproYal from the Building Department; and survey.
JTT/bn
Enclosures
Judith T. Terry~
Town Clerk
~.~V~_ TOWN OF SOUTHOLD, NL~V YORK
,j~Ayi2~ll~J~L FROM DECISION OF BUILDING INSPECTOR
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
Name of Appellant Street and Number
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO ..................................... DATED ...... ..A.p..~.~.[...~...9. a....~...9..8.~ .............
WHEREBY THE BUILDING INSPECTOR DENIED TO
)
)
(x)
Name of Applicant for permit
of North Road
.......................................................... .s...o.~b..o.!.4 ..................... ~..~.o.~..k. ...........
Street and Number Municipality State
PERMIT TO USE
PERMIT FOR OCCUPANCY
Variance to permit continued use of three apartments in premises.
1. LOCATION OF THE PROPERTY ~N~..~...~;~.~a...d.~/~.A..~.!~.R..e..s.~.d..e.~.n..~..~.a..[..~.a..~.~a~
Street Use District on Zoning Map
.... .(~.o..~.t.~.e.E~...g.9.~.e.~....o..[..E.o.~..~...B.o..~...(County load 48), and C lar~ Rd., S ou~old,
Map No. Lot No. ~
2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.)
C. hap~ lflfl~ Art~ III, !OO-3O A
3. TYPE OF APPEAL Appeal is made herewith for
(X) A VARIANCE to the Zoning Ordinance or Zoning Map
( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws
Art. 16 Sec. 280A Subsection 3
4. PREVIOUS APPEAL A previous appeal:~t (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 o variance
and was made in Appeal No ................................. Dated ......................................................................
( )
(x)
( )
REASON FOR APPEAL
A Variance to Section 280A Subsection 3
A Variance to the Zoning Ordinance
is requested for the reason that applicant has obl:ained a buyer who desires to
use.said premises as a valid three family house. The Building Inspector
denzed applicant's request on the ground that the change of use to multi-
ple dwelling use is not a permitted use in the "A" Residential and Agri-
cultural zoned district.
Form ZB1
(Continue on other side)
REASON FOR APPEAL Continued
1 STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP because premises were purchased by applicant on January 5,
1952 at which time premises were validly used as a tourist home known
as "The Maples", which Qse was continually carried on by applicant up
to and long after the adoption of the Zoning Ordinance on April 23, 1957;
when two of the tourists desired to remain more or less permanently, ap-
plicant altered the .building to accommodate them by installing partitions
so as to provide two separate kitchens on the second floor, retaining
the first floor for applicant's personal use; at the time of such alter-
ations applicant was not aware of the requirement of any permits or ap-
provals. If applicant is unable to obtain such approvals she will suffer
severe financial loss as she will be unable to sell said premises to
the bona fide buyer who has signed a contract of purchase, subject to
the provision that he can maintain the three separate apartments.
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 the premises consist of a
parcel approximately 172.85 feet by 135 feet (frontage on North Road)
whereas the area across the street (Clark Road) is divided into many
smaller lots, each with a small bungalow on it. The property immed-
~'ately adjacent to the East consists of vacant land, and across County
Road 48 (North Road) the property is also vacant. Said applicant re-
sides on the first floor, and the second floor area is of limited size
and could not provide for large family use, there is no danger of traf-
fic congestion, and would not disturb the peace and quiet of the
ne ighborhood.
3 Thc Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because the p~emises would continue to be used for
residential purposes in a neighborhood comprised mostly of small homes.
STATE OF NEW YORK )
. .........
) ss / Signature
COUNTY OF~'Uf=:~,A_)%' )
Sworn ir, this ............. .(::~..kltr'.. ...................... day of ......................
~ENSSEI.,AEE G. TERRY, JR.
PUBLIC, State of New York
I~o. 52-3954850
I~jilllified i. Suffolk Coun~t
~mi.dsSiOn F. xpir~s March 30, 1983
BOARD OF APPEALS. TOWN OF SOUTHOLD
In the Matter of the,Petition pf- . ~ :
Iv',_A~C-A_R.E T OV.T.T.A/%INO : NOTICE
· TO
to the Board of Appeat~ of the Town.of S~ou.th01d : ~ ADJACENT
TO: PROPERTY OWNER
GLADES COREY, 28 Luce Avenue, Niamtic, Corm. 06357
DOMINIC T. AURIG~IO & wf, North Road, Southold, NY 11971
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: A variance to permit;
continued use of three apartments on premises. )';r'
2. That the property which is the subject of the Petition is located, a.djacent to your property and is des-
cribed as follows: North by Corer: East by D. T. Aurzch~.o;
South by North Road and West by Clark Road
3. That theproperty which is the subject of spch Petition is located in the following zoning district:
"A" Residential and Agricultural Dzstr~ct
4. That by such Petition, the undersigned will request the following relief: A variance is
~n,~ght tn permit three apartments on said premises.
5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signed are Article III Section 30 A & B.
6. That within five days from the date hereof, a written Petition requesting the relief specified above will
be filed in the Southold Town Clerk's Office at Main Road. Southold, New York and you ma), then and there
examine the same during regular office hours. (516) 745-1809.
7. That before the relief sought may be granted, a public hearing must be held on the matter by the
Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such
hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the
Town of Southold and designated for the publication of such notices; that you or your representative have the
right to appear and be heard at such hearing.
Dated:
May 24; 1982. .
Petitione~_J
Post Office Ad(J. ress .
NAME
PROOF OF MAILING OF NOTICE
ATTACH CERTIFIED MAIL RECEIPTS
ADDRESS
GLADY~ COREY
28 Luce Avenue, Niantic, Conn. 06357
DOMINIC T. AURICHIO
* wf,
North Road, Southold, N. Y. 11971
r.~o
9L61 *adv '008£ tuaod Sd ~
STATE OF NEW YORK )
COUNTY OF SUFFOLK ) ss.:
~~'~' ~'~,/ ~..residingat ~ ~ ~
, being duly sworn, deposes and says that on the .~-~c'~day
of h~-~/~ec ,19 ~' ~-~. deponent mailed a true copy of the Notice set forth on the re-
verse side ted to each of the above-named persons at the addresses.set opposite their respective
names; that the addresses set opposite the names of said persons are the addresses of Said persons as shown on
the current ass~sment/,oll o~f the Town of Southold; that said Notices were mailed at the United States Post Of-
rice at ~ ; that said Notices were mailed to each of said persons by
(certified) (rel~l~lllL~mail. ~~ '~~~
daySworn to before me this of /'-Y~ ~ ,~19~o1--~ ~
FORM NO. 5
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N. Y.
ORDER TO REMEDY VIOLATION
(owner or authorized age~6t of owner)
.~.'.~.~.:..?-..~ ........... ~.L....~. ........
(address of owner orlauthorized agent of owner)
PLEASE TAKE NOTICE there exists a violation of:
Zoning Ordinance
Other Applicable Laws, Ordinances'or Regulations ............................................
at premises hereinafter described in that .....~....~-..~...4'...~.......?~....,.~.....~....~.....,~...~..~.... .........
~/(state character of violation)
~:~...~...~ ~ ~,:.~/....~,~.~...-....~?....~.....,~......~..,..~ ..........
YOU ARE THEREFORE DIRECTED AND ORDERED to comply with the law and to remedy the
conditions above mentioned forthwith on or before the ............................................... /..~... ...............
day of ...................................... ..?./...~.....~..., 19.....~..~---
The premises to which this ORDER TO REMEDY VIOLATION refers are situated at
~..4..~.~.~ ~ ~.~ ....... ~...~ ............. n~
...... .~ ~) Cou y of Suffolk, New York.
Failure to remedy the conditions aforesaid and to comply with the applicable provisions of
may constitute an offense punishable by fine or imprisonment or both.
Building Inspector
FORM NO. 6
TOWN OF SOUTHOLD
Building Department
Town Hall
Southold, N.Y, 11971
APPLICATION FOR CERTIFICATE OF OCCUPANCY
Instructions
A. This application must be filled in typewriter OR ink, and submitted in duplicate to the Building Inspec-
tor with the following; for new buildings or new use:
1. Final survey of property with accurate location of all buildings, property lines, streets, and unusual
natural or topographic features.
2. Final approval of Health Dept. of water supply and sewerage disposal-(S-9 form or equal).
3. Approval of electrical installation from Board of Fire Underwriters.
4. Commercial buildings, Industrial buildings, Multiple Residences and similar buildings and installa-
tions, a certificate of Code compliance from the Architect or Engineer responsible for the building.
5. Submit Planning Board approval of completed site plan requirements where applicable.
B. For existing buildings (prior to April 1957), Non-conforming uses, or buildings and "pre-existing"
land uses:
1. Accurate survey of peoperty showing all property lines, streets, buildings and unusual natural or
topographic features.
2. Sworn statement of owner or previous owner as to use, occupancy and condition of buildings.
3. Date of any housing code or safety inspection of buildings or premises, or other pertinent informa-
tion required to prepare a certificate.
Co
Fees:
1, Certificate of occupancy $5,00
2. Certificate of occupancy on pre-existing dwelling or land use
3. Copy of certificate of occupancy $1,00
$5.00
Date ..
New Building ............. Old or Pre-existing Building(>[) ....... =/Vacant Land: ...........
Location of Property .......................... ,,~ , ... ................. , ........ = ........ ;.
House No. Street Hamlet
Owner or Owners of Property......~I~G/~ .... E'-T__ ~ELt.~ NN 0
2_ .
County Tax Map No. 1000 Section [ '~ -'~ Block -ot .............
Subdivision ................................. Filed Map No ........... Lot No ..............
Permit No ........... Date of Permit .......... Applicant ..................................
Health Dept. Approval ........................ Labor Dept. Approval .................. ,..
Underwriters Approval ........................ Planning Board Approval .................. ~ .. ~
Request for Temporary Certificate ..................... Final Certificate ........ - ......... -
Fee ~ubmitted $. ,5- ~ C-
Construction on above described building and permit'meets all appl~cable_,codes and regulations.
Applicant. ~./..?T~.-.~ ..?..~t~.. ....... -..~-r~, ......
Rev. 10-10-78
SH02'[ EHVIRO~,.,Er, TAL ASSESSHuN t-uxI,l
INSTRUCTtOHS:
--------(o) In order to answer the questions in this short EAF it is assumed
that the preparer ¥,ill use. currently available information concerning the
project and tho likely impacts of the action. It is not expected that
oddZtional studies, research or other investigations ¥;ill be undertaken.
(b) If any question has been cashiered Yes the pro,eat may be
significant and a completed Environmental Assessment Form is necessary.
(c) If all questions have been answered No it is likely ~hat this
prelect is not sign$£icaat. ..'
(d) Environmental Assessment
1. W±±L project result in a ~arge physical change "
to the project site Or physically alter more
....... Yes,/~No
than lO acres of land? ..........
2. Will there'be a major change to any uniq
· unusual land form found on the site? ......... Yes, ZN~
3. ¥till project alter or have a large' effect'on
existing body of ~vater? ....................... _Ye~N°- .
4. Y/ill project have a potentially large impact
X
on groundvtater quolity? .................... .... , Ye*. ~o_
5. Will project significantly effect drainage ~. .
flow on adjacent sites? .................... ;..
6. ¥/ill project affect any threatened or
cndangercd plant or animal species? .......... .. Yes,No
7. ¥/ill project result in o major adverse effect, .
on air quality? ........... ; .................. .'. Yes
8. ¥7ill project hove o major effect on visual
character of the community or scenic views or
vistas known to:be important to the community?. 'Yes.X_No
9. ¥~ill project o'dversel>' impact any site or
· structure of historic, prehistoric or
paleontological importance or any site
designated os a critical environmental oreo
by o local agency? ............ ~:...~-~-.v.-.-.~.-~..v Yes. XNo
10. ¥/ill project have o major effect on existinD
or future recreational opportunities? ......... Yes.~No
'11. Will project result in .major traffic problems
oK cause o major effect to ex-istin9 ·~ . .
tro;~sportotion systems? .......................
12. ¥/ilt project .regularly cause objectionable
odozs, noise, glare, vibration, or elec-~rlcal
disturbance os a result of the project's
opera, ion? ......... ~ ........................... Yes, No'
13. %';ill'project have an), impact on public health
or.safety? ....................................
1~ p~ j ity by'
· Will o act affect the existing commun
'. directly causing o growth in permanent
population of more than 5 perceot over a one
ycor period or hove o major negative effect
on the character of the community or
neighborhood? ........ Yes.~ No
project? ...................... , , Yes No
PREPARER'2 S~OIqA]URE ~,~ //~,¢, Q ~
(Today'~ Dat~)' ~
To: Southold Town Board of Appeals
Main Road
Southold, NY 11971
Re: Appeal Application of /~~ ~
Location~Pro~
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 i9 the within appeal application:
(please check one box)
[ ] May be located within 300 feet of tidal wetlands;
however, constructed along the water-lying edge
of this property is a bulkhead in very good
condition and at least 100 feet in length.*
[ ] May b~ located within 300 feet of tidal wetlands;
however, constructed along the water-lying 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,
(Signa~re please)
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
May 28, 1982
Rensselaer G. Terry, Jr.,
Main Road
Southold, NY 11971
Esq.
Mrs. Margaret Dellano
North Road
Southold, NY 11971
Re: Appeal No. 2998
Application for Margaret Dellano
Dear Mrs. Dellano and Mr. Terry:
After reviewing your application for a variance at our
Regular Meeting held last Wednesday, May 26th, the board
would like to request an opportunity to visit your property,
possibly one day next week.
June
you?
The board will be getting together again on Saturday,
5th, in the morning. Would this date be a good time for
Please let us know what your pleasure is.
Yours very truly,
GERARD P. GOEHRINGER
CHAIRMAN
By Linda F. Kowalski
Secretary
-14- June ~6, ~966
the ~
Vote *01~ th~ ~ Ai~S,. :tlr.-OiXll~ple, t4~. ~;j~, ~4~.