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HomeMy WebLinkAbout2960Southold Town Board of Appeals HAIN RI-lAD- ~TATE RJ3AD 25 51:3UTHEILD, L.I., N.Y. 11971 TELEPHONE (518) 78§-180g ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 2960 Application Dated March 12, 1982 TO: Mr. Gerasimos Fioravantes Mr. David E. Kapell as agent [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on June 5, 1982 the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section Request for Variance to the Zoning Ordinance Article III , Section 100-30C [ ] Request for The public hearing concerning this appeal was held on April 14, 1982. Upon application of Gerasimos Fioravantes, 265 Fourth Avenue, Brooklyn, NY 11215 for a Variance to the Zoning Ordinance, Article III, Section 100-30C for permission to use accessory building for habitable guest accessory use. Location of Property: 8220 Main Road, East Marion, NY; bounded north by Main Road; east by Amott & another; south by Smith & ano.; west by Cotrone and another; County Tax Map Parcel No. 1000-31-8-1.1. The board made the following findings and determination: By this appeal, appellant seeks a use variance to change the use of an accessory storage building to that of a guest house. The premises are located on the south side of N.Y. Route 25 in the hamlet of East Marion. It has a frontage on Route 25 of 154.80 feet and an area of 40,000 square feet. The premises are located in the "A" Residential and Agricultural Zone District. The premises are shown on the Suffolk County Tax Map as District 1000, Section 031, Block 08, Lot 001.1. There is located on the premises a two-story wood-frame private dwelling containing four bedrooms, which appellant occupies with his wife and three children. A two-story wood frame accessory storage barn is located in the rearyard. Appellant, without a building per- mit, has partially structurally altered this building. It would appear from the testimony of neighbors and appellant's building per- mit application that the accessory building is 24 feet by 19 feet in size with a 20 ft. by 14 ft. garage attached to the east side thereof. Appellant proposes to alter the accessory building to provide for a living room, bedroom and full bath on each floor. Access to the second floor is by an outside stairway. The second floor will also have a 19 ft. by 8 ft. deck. The change of use sought by the Appellant is not an accessory use permitted in the "A" District by the Zoning Code (Section 100-30C). Additionally, the building exceeds the 18 ft. height limitation specified in Section 100-32 of the Zoning Code. Since Appellant requests a change of use to a use not per- mitted by the Code, the variance is a ~se variance, which may only (CONTINUED ON REVERSE SIDE HEREOF) DATED: Form ZB4 June 5, 1982. (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 Appeal No. 2960 Matter of Gerasimos Fioravantes Decision Rendered June 5, 1982 be granted by this Board upon proof that: (1) that land in ques- tion cannot yield a reasonable return if used only for a purpose allowed in that zone; (2) that the plight of the owner is due to unique circumstances and not the general conditions in the neigh- borhood which may reflect the unreasonableness of the Zoning Code; and (3) that the use to be authorized by the variance will not alter the essential character of the locality. Appellant has failed to demonstrate unnecessary hardship and, accordingly, On motion by Mr. Douglass, seconded by Mr. Sawicki, it was RESOLVED, that the variance be and hereby is DENIED. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. Absent was Mr. Doyen (Fishers Island). LECEIVED AND FILED BY Ti{E SOUTIiOLD TOWN CLERK Town Clerk, Town of ~outhold APPROVED 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 Town Hall, Main Road, Southold, NY on Wednesday, April 14, 1982 commencing at 7:30 p.m. and as follows: 7:30 p.m. Application of Ewald Karbiner and Joseph Tomitz, 39 Edgewood Drive, New Hyde Park, NY (by Irving L. Price, Jr., Esq.) for a Variance for Approval of Access, New York Town Law Art. 16, Sec. 280A. Location of Property: 155 Sunset Path, Southold, NY; bounded north by Sunset Knoll Association; east by Sunset Path; south by Offenheiser; west by L.I. Sound; County Tax Map No. 1000-54-4-33. 7:40 p.m. Application of Arthur M. Schwartz, M.D., 240-11 Maryland Road, Douglaston, NY 11363 for a Variance for Approval of Access, Art. 16, Sec. 280A, over a new right-of-way located off the northeasterly side of West- phalia Avenue, Mattituck, NY; bounded north by Howard's Branch; west by Berner; south by Penny and ano.; east by Munz; County Tax Map Parcel No. 1000-113-9-10.1. t2~65 ~ he 7:45 p.m. Application of Gerasimos Fioravantes, Fourth Avenue, Brooklyn, NY 11215 for a Variance to Zoning Ordinance, Article III, Section 100-30C for permission to use accessory building for habitable guest accessory use. Location of Property: 8220 Main Road, East Marion, NY; bounded north by Main Road; east by Am~tt & ano.; south by Smith & ano.; west by Cotrone & ano.; County Tax Map No. 1000-31-8-1.1. ~ 8:05 p.m. Application of Richard Zeidler, 55 Whippoor- will Lane, Patchogue, NY for a Variance to the Zoning Ordi- nance, Article III, Sections 100-31 and 100-36 for permission to construct addition to dwelling reducing sideyard area. Location of Property: McDonald Road, Laurel, NY; bounded northeast by Chisholm; southeast by Great Peconic Bay; southwest by Brushes Creek; northwest by McDonald Road; Edgemere Park Lots 12, 13, 14; CTM No. 1000-145-4-15. 8:10 p.m. Application of Warren A. Sambach, 173 Hill- side Avenue, Williston Park, NY 11596 (for Aaron Shikler and wife) for a Variance for approval of access, New Yo~k Town Law Ar~. 16, Sec. 280A. Location of Property: Private Right-of-way off Main Road, East Marion, NY; bounded north and south by Swick; west by Swick, and Wiglom; east by Swick and Jayne; CTM No. 1000-23-1-7. 8:15 p.m. Application of Mattituck Chamber of Commerce, P.O. Box 1056, Mattituck, NY for a Special Exception to the Page 2 - Legal Notice of Hearings Board of Appeals Regular Meeting of April 14, 1982 Zoning Ordinance, Article III, Section 100-30C(6) [f] for permis- sion to erect an off-premises advertising sign in an A-Residen- tial and Agricultural Zone, upon property of L. Tuthill, North Side of C.R. 48, Cutchogue, NY; further identified as County Tax Map Parcel No. 1000-101-1-4. 8:15 p.m. Application of Mattituck Chamber of Commerce, P.O. Box 1056, Mattituck, NY for a Variance to the Zoning Ordinance, Article VII, Section 100-70C for permission to erect an off-premises advertising sign in a B-1 Zone, upon property of R. Nine, located at the southeast corner of C.R. 48 and Westphalia Avenue, Mattituck; bounded north by C.R. 48; west by Westphalia Ave.; south by Sidor & ors.; east by Urist, Ashton, Cooper, Love Lane, and ors. County Tax Map Parcel No. 1000-141-3-22. 8:15 p.m. Application of Mattituck Chamber of Commerce, P.O. Box 1056, Mattituck; NY for a Special Exception to the Zoning Ordinance, Article III, Section 100-30C(6) [f] for permis- sion to erect an off-premises advertising sign in an A-Residen- tial~ and Agricultural Zone, upon property of Greenbriar Homes, Inc., located at the north side of Main Road, Mattituck, NY; bounded north by Adel; west by Garrell; south by Main Road; east by Adel and McGuire; County Tax Map No. 1000-108-3-5.5. 8:20 p.m. Application of Mattituck Chamber of Commerce, P.O. Box 1056, Mattituck, NY for a Special Exception to the Zoning Ordinance, Article III, Section 100-30C(6) If] for permis- sion to erect an off-premises advertising sign in an A-Residen- tial and Agricultural Zone, upon property of R. Reeve, located at the southeast corner of Sound Ave. and Aldrich Lane, Mattituck, NY; further identified as County Tax Map Parcel NO. 1000-120-3-8. 8:30 p.m. Application of William J. and Ruth Boylhart, by William B. Smith, 220 Mechanic Street, Southold, NY for a Variance to the Floodplain Management Law, Chapter 46, Section 46-18A for permission to construct lower floor below the minimum-required base flood elevation above mean sea level. Location of Property: 1370 Latham Lane, Orient, NY; Subdivision of "Land's End," filed Map No. 5909, Lot 4; County Tax Map No. 1000-15-9-1.4. Dated: April 3, 1982. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski, Secretary Instructions to newspapers: Please publish once, April 8, 1982 and forward affidavits of publication to: Board of Appeals, Main Road, Southold, NY 11971 on or before April 12, 1982. Copies sent on 3/22/82 to: Irving L. Price, Jr., Esq., attorney for Karbiner & Tomitz Messrs. Karbiner and Tomitz, 39 Edgewood Drive, New Hyde Park 11040 Arthur M. Schwartz, M.D., 240-11 Maryland Road, Douglaston, NY 11363 r~.~simos Fioravantes, 265 Fourth Avenue, Brooklyn 11215 Copies sent on 4/3/82 to: Mr. Richard Zeidler, 55 Whippoorwill Lane, Patchogue, NY 11772 Mr. Warren A. Sambach, 173 Hillside Ave, Williston Park 11596 (for Mr. and Mrs. Aaron Shikler) Mattituck Chamber of Commerce, Box 1056, Mattituck, NY 11952 Mr. William B. Smith, 220 Mechanic Street, Southold, NY 11971 (for Mr. and Mrs. William J. Boylhart) Town Clerk's Bulletin Board Supervisor and Town Board Members Planning Board Individual Files .I FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL F eNo ................................ Date ............. To .G'..L.=..g'..A.?.I..~.0.3'. .... .~..! ~..[~../.~V3/',)TE5 PLEASE TAKE NOTIC£ that your application dated .............. .~. ~.?-~... for pe~it to constmc ............................................................ Location of Property hbbsb ~o~ ....................... ~bi ..................... County Tax Map No. 1000 Section . .3. [~ ..... Block ..... $ ....... ~t . .I.~ .[ ........ Subdivision. ~ .... Filed Map No ........~ ........ Lot No .................. is returned herewith and disapproved on the follow~ grounds..~.~. .~7..~ .... t.E.~.~...~ ................................................. Building Inspector It~U.M' BO, 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. Examined ......................................... 19 ........ Application No ............................... Approved ........................................ , 19 ........ Permit No ..................................... Disapproved a/c ........................... ' ................................................................. (Building Inspector) APPLICATION FOR BUILDING PERMIT INSTRUCTIONS a. This application must be completely filled in by t~pewriter or in ink and submitted in triplicate to the Buildin Inspector, with 3 sate of plans, aCcUrate p at p an to scale. Fee according to schedule. b. Plot plan showing Iocat on of lot and of buildings on premises, relationship to adjoining premises or Public streets c areas, and giving a detailed description of layout ofproperty must be drawn on the diagram which Js port of this applicatio~ c. The work covered by ~hJs application may not be commenced before issuance of Building Permit. d. Upon approval of this~application, the Building Inspector will issue a Building Permit to the applicant. Such permi shall be kept on the premiSes avqi~able for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certif~ate of Occuponc- shall hove been granted by the Building InsP~-tor. APPLICATION IS HEREBY MADE .to the Building Department for the issuance of a Building Permit pursuant to th. Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances o Regulations, for the construction of buildings, additions or alterations, or for remove or demol ton, as herein describe~ The applicant agrees to comply with all applicable laws, ordinances, bui d ng code, housing code, and regu at one, and t. admit authorized inspectors o~, premises and n bu Idings for necessary inspections. (Signature of oppliconr~rl~';;;i~) '" [Aaaress of ppplicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor~ electrician, plumber Or builder If applicant is a corporate, signature of duly authorized officer. (Nome and title of corporate officer) Builder's License No. :....,x~.. ........ ; ...................... Plumber's License No. ................................................ Electrician's License No .............................................. Other Trade's License No ............................................... Location of land on which pr~ed work will be d~e. Map No.: ........................................ Lot No ......................... Street and Numar .~.~.~...~~/..~.~~.....~ ............................... Municipali~ State existing use and ~cu~ncy of premises and intended use and ~cuponcy of pr~ed construction: a. ~isiting u~ and ~cu~n~ ~~ ~ ~~' ................... b. Intended u~ and ~cu ~ .~C~~ ~2 ~C~~ [~ . ......................................................... County Tax Map No. D~. lO0~Section /~ B~ock~ Lot 3. Nature of work (check whid ,licoble): New Building' · ................. 4~Jition .................. Alterati~on . .: .... Repair .................. Removal .................. Demolition .................... Other Work .................................................... 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. Dimensions of existina structures, if anv' Front .....~:'......'~.. .............. Rear ..... ~...~), ................. Denth 8. Dimensions ofeentire new construction: Front ...... ~ ........................ Rear ...... ~-~ ................ Depth ..../...~... ........ 1 i. Zone or use district in which premises are situated .....~......~'X~.~....~..~..~.~..~.......~:.. ......................................... 12. Does proposed construction violate any zoning law, ordinance or regulation: ........ .,/~..~. ......................... ~ .......... 13. Will lot be regraded ..... ~.. ......... Will excess fill be removed from premises: Name of Architect .~:Z-~-~ .......................................... Address ..~,~. ..... .mane ~o. ...................... Name of Contractor ....~..~' .,~.....~...~.--~.. ................................ Address ................................ Phone No ....................... PLOT DIAGRAM Locate cleariy and distinctly oil buildings, whether existing or proposed, and indicate all set-bock dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or corner lot. STATE OF NEW YORK, .,' Icc COUNTY OF ..~'(,//C-v~x~.~a~..(.....f~'~ (Name of individual signing contract) above named. He is the ~ ~~......~. ............................................. (Contractor, agent, corporate officer, otc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and t~ the work will be performed in the manner set forth in the application filed therewith. Swam .toJa~f_ ore me this ............ · .~ ....... day ...... ..................... i.....~.., 1 ........ · Notary ~.P~u b~.~..~..../~..~... :. ............. County ........... ~..K~..~ ................... 6~' N~ ~2-3945400 ~ualifled in Suffdk Coun~lg EROM DEOS ON TOWN OF $OUTHOLD, NEW YORK OF BUILDING INSPECTOR APPEAL NO. C~ ?~ ~) DATE ..~..~.~..1L,....],9...8 2 TO'THE ZONING' BOARD OF~PPEALs TO.w.N OF SOUTHOLD, N.Y. ' ~" "' 1 ~ GE~ ['.:[O~**)(**/~J~Fp,J~;' of" 2~:,FD~ .Av~e, ~-~, ~ :~:. Name of Appellant Street and Number ........... ~.l~g.O. kJ3~.,...~,J~ ............................... lqew..~ork ....... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ............ ..D~....~..9..h....],.0..,.....1.~.8...2. ....... WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit Street and Number Municipality State (~) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (XI , Pemisston to use ac, cessory storage building as suest house (no codcL~ Use D,str~ct on Zon,ng Map Street ..~L.s.E;.Lo...o..o..,....S.e.c.~,.....o...3.L,...o..o..,...~.Le...c.k..O..S. ,oo, Lot OOl, 00, 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.) Article III Sect. 100-30~ 3. TYPE OF APPEAL Appeal is made herewith for (X) A VARIANCE to the Zoning Ordinance or Zoning Map A: VARIANCE doe fo-~lac~~ of access'~(State'of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. s~bsectibn 3 r : ...... (ii . ~ ; r j ~e~sion t~, ~se ~ccesso~ sto:age, b~,i~s~ as;.~s,}, hO~ .(po coo~) 4. PREV 0 PE L A prey s ap eol {~ (has got) been mgde.with ~es~ect '" "~ of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (X) A Variance to the Zoning Ordinance (X) Guest accessory h~bitable use is not listed as a pet~Ltted use. is requested for the reason that Applicant wishes to convert existing accessory storage use building to habitable guest accessory use. Form ZB1 (Continue on other side) REASON FOR APPEAL Continued (I~',' ?:1 '' ' 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because a{)plic~nt has many friends and relatives wh6'~ c6me from Ions distances to visit him. Applicant's home is on the premises and applicant wishes to have a place for them as ~uests to sleep and not be compelled ~o make ,~he Ions trip back to the city. . 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate 'vicinity of this ibropeft~, an~ in this use district because other slOop'&ge u. se b~ildi~ss in the~ immediate area and in the Township are presently used for the requested pu~po se. 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the use l~ll be in ~l.3~l~3ny with and promote the gene~al pu~oses of the Zonins O~di~nce nd the use will not prevent ~he o~de~ly ~d reaso~ble use o~ adjacent p~pe~ties and the s~ety, ~ health, welfare, co~Ort ~d con~eni~ce nd'o~der o~ the ~ ~11 not be adversely ~ected by the proposed use ~d its location. The character of the district is similar to th~ applic~t's proposed use. COUNTY OF SUFFOLK ) Signature Sworn to this / .............................................. day ~f ............. l~.~9~ ............................. : ]982 Nota'rV Public ..' :iied in Sufl'cik Counly Commis;io: Expires March 30, I~'~% J S thold Town Board of Appeals '~" '°~'"~ ~°~ ~" '°~°'~'~-'"~"~-,"'~'o.~"~"'0-'''~--'~ APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI June 8, 1982 Mr. Gerasimos Fioravantes 265 Fourth Avenue Brooklyn, NY 11215 Mr. David E. Kapell Main Street Greenport, NY 11944 Re: Appeal No. 2960 Gentlemen: Please find enclosed herewith for your records a copy of the findings and determination rendered on Saturday, June 5, 1982 and filed this date with the Office of the Town Clerk concerning the above appeal. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda F. Kowalski Secretary Enclosure Copy of Decision to Building Department DEPARTMENT OF PLANNING COUNTY OF SUFFOLK PETER F. COHALAN SUFFOLK COUNTY EXECUTIVE LEE E. KOPPELMAN DI R ECTOt~t OF PLANNING Mr. Charles Grigonis, Jr., Chairman Town of Southold Zoning Board of Appeals Southold Town Hall - Main Road Southold, N.Y. 11971 June 3, 1982 Re: Application of "Gerasimos Fioravantes" (#2960), Town of Southold (SD-82-5). Dear Mr. Grigonis: Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the Suffolk County Planning Commission on June 2, 1982 reviewed the above captioned application and after due stu~ and deliberation Resolved to dis- approve it because of the following: 1. Sufficient information has not been submitted to demonstrate compli- ance with applicable variance criteria; 2. It would tend to establish a precedent for the furtherance of such a practice in the locale and throughout the Town of Southold; and 3. A self-imposed hardship appears evident as applicant oroceeded with extensive renovations in contravention of zoning requirements. Very truly yours, Lee E. Koppelman Director of Planning Gerald G. Newman Chief Planner GGN:jk Southold Town Board of Appeals MAIN I~0A0- STATE I~0AO 25 c:OUTHOLD, 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 100-30C Variance from Determination of Southold Town Building Inspector __ Special Exception, Article , Section __ Special Permit Appeal No.: 2960 Applicant: Gerasimos Fioravantes Location of Affected Land: 8220 Main Road, East Marion 1000-31-8-1.1 County Tax Map Item No.: Within 500 feet of: or __ Town or Village Boundary Line __ Body of Water (Bay, Sound or Estuary) __ State or County Road, Parkway, Highway, __Boundary of Existing or Proposed County, Owned Land __ Boundary of Existing or Proposed County, or Other Recreation Area Thruway State or Federally- State or Federal Park __Existing or Proposed Right-of-Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Estab- lished Channel Lines, Within One Mile of a Nuclear Power Plant __Within One Mile of An Airport. COMMENTS: Applicant is requesting permission to use accessory building for habitable accessory guest use in addition to main dwelling. Please see etta=hed. Copies of Town file and related documents enclosed herewith for your review. Dated: May 7, 1982. Secretary, Board of Appeals Southold Town Board of Appeals -6- (Appeal No. 2959 - Arthur M. Schwartz, M.D., April 14, 1982 continued:) MR. WICKHAM continued: If we can do it on behalf of Mr. DiVello, certainly I would like to do it with notice to the others, of course. CHAIRMAN GOEHRINGER: Thank you very much. Is there anybody else who would like to speak in behalf of this application? Anybody to speak against the application? Any questions from any board members? (None) Hearing no further comment on either side, I'll make a motion closing the hearing and reserving decision until a later date. MEMBER SAWICKI: Second. On motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, to close the hearing and reserve decision until a later date in the matter of Appeal No. 2959, Arthur M. Schwartz, M.D. / Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. PUBLIC HEARING: Appeal No. 2960. Application of Gerasimos Fioravantes, 265 Fourth Avenue, Brooklyn, NY 11215 for a Variance to the Zoning Ordinance, Article III, Section 100-30C for per- mission to use accessory building for habitable guest accessory use. Location of Property: 8220 Main Road, East Marion, NY; bounded north by Main Road; east by Amott & ano.; south by Smith & ano.; west by Cotrone & ano.; County Tax Map No. 1000-31-8-1.1. The Chairman opened the hearing at 7:52 p.m. and read the legal notice of hearing in its entirety and appeal application. CHAIRMAN GOEHRINGER: We have a copy of the existing survey, I can't see the date, indicating the property which is 40,000 square feet and we have a copy of the tax map indicating this particular property and the surrounding properties in the area. Who would like to speak in behalf of the application? Sir? DAVID KAPELL: My name is David Kapell on behalf of Mr. Fioravantes this evening to describe the planned action. What we intend to do is to take an existing building that has been on the site I'd say for in excess of 50 years and convert its use from a Storage building to that of guest facility to house friends of Mr. Fioravantes. In no way is this structure intended for rental use and no cooking facilities whatsoever will be provided on the premises. It's strictly a guest accessory use. Mr. Fioravantes bought this property somewhat over a year ago, has Southold Town Board of Appeals -7- April 14, 1982 (Appeal No. 2960 - Gerasimos Fioravantes, continued:) MR. KAPELL continued: invested a substantial sum of money in its renovation, and has promoted the general character of his general neighborhood very well; and I think that this would be consistent with existing other uses in the neighborhood and would help Mr. Fioravantes to upgrade this property. The barn was, by the way, in a deteri- orated state and is being improved and will have substantial taxes. I'll be glad to answer any questions if I may or respond to any comments. CHAIRMAN GOEHRINGER: Maybe later. Thank you very much, Mr. Kapell. I failed to mention to everybody, anybody that would like to speak on this application we would appreciate your name first as Mr. Kapell did because of the nature of the recorder here and our secretary who is taking everything down in shorthand. Who else would like to speak in behalf of the application? Anyone? (None) All right, is there anyone who would like to speak against the application? We'll start with this lady first. MARIE SMITH: I'm Marie Smith. I live on the property right in back of Mr. Fioravantes. Mr. Fioravantes has been building, rebuilding his barn, completely gutted it since last Labor Day, has worked at it at least every week. He did not seek a permit we believe until March, and I don't think we're naive enough to believe that he's building two apartments and import friends and relatives, with bathrooms, bedroom and living rooms. He owns a large house with four bedrooms and two baths. I would think that's sufficient for family, friends and relatives. It's going to be a business use. We've seen this happen over and over in this are~. CHAIRMAN GOEHRINGER: Thank you. MRS. SMITH: May I ask a question of Mr. Kapell? Are you renting property across the road...you own those houses? MR. KAPELL: Do I own those houses...no, I do not. agent. I'm an CHAIRMAN GOEHRINGER: Ok? MRS. SMITH: Yes. CHAIRMAN GOEHRINGER: your name? Anybody else? Yes, sir. May I have MIKE COTRONE: My name is Mike Cotrone. I live on the adjoining property, just the small cottage right behind this barn or structure that he is turning into a, I would say a residence. I think he's, to make this place a rental. I feel ~ that we have not come out here...we're only out here a year... and maybe I don't have the right to deny but the reason for us Southold Town Board of Appeals -8- April 14, 1982 (Appeal No. 2960 - Gerasimos Fioravantes, continued:) MR. COTRONE continued: to come out here was for vacation reasons, and with those reasons of mine, this building that's so close to our own little place there just doesn't appeal to us at all. I'd like to reject it all the way, if you understand what I am saying. CHAIRMAN GOEHRINGER: Thank you for your opinion. Does anybody else like to speak? SUSAN LONG: Yes. My name is Susan Long. I live in East Marion to the southeast of the property that's in question. And I have a couple of concerns, one being that I feel that if such a variance is granted it would open up many other subdivisions or properties that are required the 40,000 square feet, having another habitable area on their property. I feel that it would set a precedent and I feel that at a later date, if I should chose to build a garage in my backyard or a barn, that I might some day be able to come back to this board and ask that my parents or whomever may go back there. And I feel also that Southold Town, I don't believe they have much restriction or jurisdiction in going into a home of this type to see if a stove or anything is put in there. And another one of my big concerns, I do have three children that do ride bikes in the area...I'm not aware if this board does field inspections, but the area in question, if you look across the street, there is a one very large home that takes in guests during the entire summer season, and there are many, many cars there. And to the east of that there is a store. To the east of that there is a home owned by Mrs. Amott who has obtained approval by the Southold Town Planning Board to have overnight guests. She's in the B-1 District. To the east of that is a post office. And to the east of that is the Fire Department. And I am very concerned about the traffic and the ingress and egress in this area. Thank you. CHAIRMAN GOEHRINGER: Anybody else like to speak against the application? Mr. Pohlig? EDWARD POHLIG: Edward Pohlig, East Marion. Oh I feel inasmuch as this whole project was started sub rosa, any plea of hardship was self-imposed in the part of the applicant. And I do not feel that should be considered in the board's deliberations. But simply to say it's in harmony with other uses of a similar type in the area...that's true, but it's not in common, because most of these other uses predate the zoning ordinance. And that's a poor excuse for perpetuating such use in the future. And I recommend the board deny this application. CHAIRMAN GOEHRINGER: Thank you. Anybody else? Mr. Kapell? MR. KAPELL: Can I respond to that. CHAIRMAN GOEHRINGER: You can respond to that --let me just Southold Town Board of Appeals April 14, 1982 (Appeal No. 2960 - Gerasimos Fioravantes, continued: CHAIRMAN continued: see if there is anyone else. MR. KAPELL: I'd like to respond when the time is right. CHAIRMAN GOEHRINGER: Does anybody else wish-- Yes? ERNY BAXTER: My name is Erny Baxter. Part of my property abuts up on his property. First of all, I would like to respond to something that Mr. Kapell said. They're not asking at the right time for the permit to do all this work. They're asking after they were caught when the work was almost in fact done. They boarded up the front of it and they went around to the back and went in and did all the work. It seems very odd to me if--- well, that's one thing. Secondly, the area is really saturated now and has become almost a boarding house. Where I live, which is right across the street from the post office, there's on Bay Avenue a boarding house there. There's a couple of boarding houses there. There's a couple across the street from me, and now they have these other units in there. It doesn't have to change in the nature of the community. The community no longer becomes a yearround community... it becomes like a hotel for the whole north end of the port. Secondly, his property is just a couple of doors down from both the post office and the fire department. As it is in July you can hardly move for the traffic in there. The addition of cars in that area, say at a time when the fire department had to get out there, they would have to get out of there quick. You can see the kind of an accident or kind of hang-up that would stop those firemen from getting to a fire at some point. I had a couple of other ideas, too. MRS. SMITH: Yes, I had another one. You allow all these boarding houses...that's what they are, frankly. They have too many people for the amount of ground, so they spread out. All the surrounding one-family homes suffer from trespassing, what protection do you offer? We suffer from noise constantly. No one ever goes to bed. One o'clock in the morning is the start of festivities. We should be able to open our windows to breathe. We have litter. You can't call the police. They have enough trouble as it is. Who do you call? You increase the problems that you have no solutions for. MR. BAXTER: Excuse me. You can't but wonder what this is going to do to the property values, especially the people coming out looking at the area during the summer and seeing people at a time out in front of your house with radios blaring and walking ~around, in one of these rooming houses after another with cars parked on the grass. Cars here. Cars there. Cars everyplace. Southold Town Board of Appeals -10- April 14, 1982 (Appeal No. 2960 - Gerasimos Fioravantes, continued:) MR. BAXTER continued: It has to have a real impact. It's hard now during the summer. Even though my wife and I have only been out here for a year and a half. It's during the summer the cars go through there like it's a speedway or something. The addition of cars in there jus~ seems to be really weird. CHAIRMAN GOEHRINGER: Anybody else? Mr. Kapell? MR. KAPELL: Number one is, and very specifically Mr. Fiora- vantes intends in no way and is willing to accept the variance condition on his compliance with not renting these units to any- body. This is a statement that we make because this is the intended use. It's not intended as a rental unit either by the day, or by the week, or by the month or by the year. It's not a rental property. So I think that for this board to be pre- occupied with adjacent rental uses when in fact the applicant does not propose such a use would be a mistake and it would be unfair to Mr. Fiora~antes in all respect. ~ MR. BAXTER: Mr. Kapell, Out of respect to you, what if he happens to change his mind in six months from now? MR. KAPELL: In answer to Mrs. Long's point. The Zoning Building Inspector of the Town of Southold very definitely has the authority to make an inspection to insure compliance with this, with whatever the terms of this variance are, if granted. And along with any other violation of the zoning ordinance, which this would be if the variance were granted for the use that we requested and the fact that the property were put to use in some other way. MR. BAXTER: Mr. Kapell, does that answer mean you telling me that the inspector will in fact police this from the time the variance is... MR. KAPELL: No. I did not say that. I said the inspection... Mrs. Long made the point that she wasn't sure whether the town had the authority to follow up. The town does have the authority. The Building Inspector has the authority to enforce the zoning ordinance of the Town of Southold, and this would be a function of the zoning ordinance. CHAIRMAN GOEHRINGER: Can I just reflect upon that one second. Number one, I don't want to get into a back and forth motion because sometimes it causes a little problem. I just wanted everybody to be aware of it. But to answer your question, we had a public informational meeting last night on one-family hous- ing conversions, and I did mention to the public that there was at one time a specific application granted, not similar to this, because each individual case is unique, and on that application what seem to upset the people tremendously was a one-year Southold Town Board of Appeals -11- April 14, 1982 (Appeal No. 2960 - Gerasimos Fioravantes, continued:) CHAIRMAN continued: inspection, ok. An annual inspection by the Building Department with no notice between the hours of 8:30 to 4:00. In that res- pect if a decision would be granted...and I'm not saying that one would be...but if that would be the normal realm that people would be thinking of...when .I say thinking of, that would be the way that we would be thinking, on this board if a decision was to come in this particular area. And I'm not making any decision any way, and I'm not on one person, one of five persons on this board. So on that respect, do you understand that, Mrs. Long? MRS. LONG: Yes. I think that's excellent. I would love to see it state also that they would be able to inspect if they should chose to do so three years from that date, not just one year. CHAIRMAN GOEHRINGER: That's every year. Annual inspection. MRS. LONG: Oh annual. Oh, I think that's excellent. CHAIRMAN GOEHRINGER: Are you finished, Mr. Kapell? MR. KAPELL: I would just like to say, the building inspector has the authority under the zoning ordinance to inspect any premise at any time. I wouldn't want to say it without looking at the ordinance what the owner's rights are as to notice, because that there probably are some rights as to notice. However, the building inspector, definitely has the authority to make inspections around compliance with any aspect of the zoning~ordinance, and to put this property for use as a rental property ~n defiance of the variance, or even if the variance is not granted would be a violation of the zoning ordinance and the building inspector could site it. He has the right to make these inspections at any time, not only on anniversaries of this variance if granted, so I would like to say that I think it would be unfortunate for Mr. Fioravantes to find himself in the position of being affected adversely by other people's actions on other properties at other times, and we do apologize for the work that was undertaken without a building permit, but that's another issue. The issue of the use to which this property is being put, being stated very distinctly and we're willing to be bound by it. MRS. SMITH: This is rather personal, but Mr. Fioravantes' small children already find our property very fascinating. Must I police my backyard constantly? If his children like my backyard, where do you think his guests...so-called guests and family are going to go for a recreation. They have a strange piece of property... it goes this way and this way. They really don't have that much room to be entertained in. Who protects us? I think I have the right to privacy. Mr. Baxter will suffer a great deal. So will Mr. Cotrone. He's not there all the time. They spend a great deal Southold Town Board of Appeals -12- April 14, 1982 (Appeal No. 2960 - Gerasimos Fioravantes, continued:) MRS. SMITH continued: of time on his property...we have them across our back, down this side and then onto a private road. We've had this experience for the ten years we've lived out here. MR. KAPELL: Well, Mr. Fioravantes hasn't been there for ten years. MRS. SMITH: No, but all these guest houses, they just spread out. MR. KAPELL: We're not proposing a guest house. say that we're not proposing or asking for permission a guest house. I'd like to to develop MRS. SMITH: It's a matter of semantics. MR. KAPELL: It's a matter of legality. MRS. SMITH: Experience has taught us that. MR. KAPELL: We're not proposing a guest house. CHAIRMAN GOEHRINGER: I understand exactly where everybody... and what the feelings are...I just have to keep the people in this room aware of the fact that when we get into counterproduction it's really not to anybody's well being. Mr. Baxter? MR. BAXTER: I just wanted to say Mr. Kapell has gone over very quickly the fact of the time of asking for the permit, was another issue, was not exactly right. It is in fact central to the issue because in fact, if the board decides to grant this, we as neighbors are being asked in a certain real way to trust him. We're being asked because we feel or not we, I can't speak for others...because I feel that the building inspector being a quizzy fellow will only be able to look in there a couple of times, so I have to take Mr. Fioravantes'...through Mr. Kapell...I have to take Mr. Fioravantes' word for it, but already I have a very difficult time doing that because having watched the work go on over a period of time and knowing full well that the law of the community...which I assume the community put that law into effect because they judged it to be for the community welfare...and all of this time that law being broken, broken and broken, I find it very difficult as a matter of fact to trust him or to see that as a separate issue. It's part of the issue, a fundamental part as a matter of fact. Poor me, I'm not willing to just pass that by. MR. POHLIG: I agree. He has set a precedent already. CHAIRMAN GOEHRINGER: Mr. Cotrone, you had something further? Southold Town Boar f Appeals -13- 14, 1982 (Appeal NO. 2960 - Gerasimos Fioravantes, continued:) MR. COTRONE: Assuming that this thing is all resolved one way or the other, is there anyway that this would be able to be brought back, or would that be a final judgment as far as what the determination is tonight? CHAIRMAN GOEHRINGER: No, the applicant has 30 days to sppeal. MR. COTRONE: What if it goes in his favor? MEMBER GRIGONIS: Then you've got 30 days. CHAIRMAN GOEHRINGER: To bring an Article 78. MR. COTRONE: Thank you, sir. CHAIRMAN GOEHRINGER: Any other questions from anyone? GEORGE SMITH: George Smith, East Marion. I'm the husband of Marie Smith, who spoke before. Leaving aside the possibility of rental uses, we're talking about very sizeable numbers of people on this one-acre lot. We have to begin with a main house with four bedrooms, two baths, which can accommodate a lot of friends and relatives. Do we need additional space in a very large storage barn for conversion that's going to accommodate a great many bed and just many more people than I think a one-acre zoning contemplates. CHAIRMAN GOEHRINGER: Thank you, sir. Mr. Pohlig? MR. POHLIG: Basically what it comes down to, as I understand the configuration of this proposed conversion. It's two stories, one above the other, both with a separate outside entrance. Both with its own living room, own bedroom and own bathroom. For all the world it looks like two separate units, and it comes down to three separate dwelling units on a one-acre parcel. CHAIRPL~N GOEHRINGER: Thank you. MRS. LONG: May I add one thing, Mr. Chairman. CHAIRMAN GOEHRINGER: Certainly. MRS. LONG: On behalf of my husband I would like to make a statement. He is a volunteer fireman in East Marion and he is very concerned about the growth on this particular road...on the area where the fire department is, and I would just like that to go on record. As a fireman he is very interested in the congestion and everything that's being built up in the area. Thank you. CHAIRMAN GOEHRINGER: Anybody else? Mr. Kapell. Southold Town Boar f Appeals -14- 14, 1982 (Appeal No. 2960 - Gerasimos Fioravantes, continued:) MR. KAPELL: I would just like to sum up a few things. One, Mr. Fioravantes has a large family. He has three children, two are adults, and a four-bedroom house is not oversized. Number two, I want to re-state and emphasize the fact that the property will not be put to a rental use and are willing to abide by any form of verification that the town wants to subject with regards to that compliance. And number three, we believe that this application will not substantially alter the character of this neighborhood, nor the traffic conestion. We're talking about a family use, not income use. CHAIRMAN GOEHRINGER: Thank you. Any other comments from anyone that hasn't been said? (None) Any questions from any board members. (None) What stage of completion is this in now, Mr. Kapell? MR. FIORAVANTES: The walls. CHAIRMAN GOEHRINGER: The sheetrock is up? MR. FIORAVANTES: Yeah. (Statement not understandable.) because the building was on the side fall down a little bit and looked bad. Then I cleaned the side, all the stuff on the outside. Then I put a new roof, new windows, new doors. MRS. SMITH: I can give you a six-months' building progress report. New roof, paint job, completely gutted, enormous barn fires, smelly barn fires burning everything up, all new windows, all new doors, installed behind boarded up things. Possibly a new floor. All it lacks is a staircase. CHAIRMAN GOEHRINGER: Mr. Cotrone? MR. COTRONE: Yes. Another thing. In view of what, I know him as Jerry, of what he has just said. I don't see where the building is structurally sound to keep anybody in there. Especi- ally any one's family. I can't understand that. MR. POHLIG: Jerry, I question the two more units being added. What provisions are contemplated for sewage disposal and water supply? CHAIRMAN GOEHRINGER: Mr. Kapell? MR. KAPELL: Mr. Fioravantes will have to comply with the building department's regulations in how the building in constructed, protected and supplied with, you know...we have filed for a building permit, it was turned down. We expect to receive the building permit if this variance is granted and proceed subject to inspection by the building department. So those conditions remain...subject to variance or not. CHAIRMAN GOEHRINGER: Thank you very much. Any comments from Southold Town Board of Appeals -15- April 14, (Appeal No. 2960 - Gerasimos Fioravantes, continued:) 1982 CHAIRMAN continued: board members again? (None) Hearing no further comments, I'll make the motion closing the hearing and reserving decision until a later date. MEMBER DOUGLASS: Second. On motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, to close the hearing and reserve decision until a later date in the matter of Appeal No. 2960, application of Gerasimos Fioravantes. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. PUBLIC HEARING: Appeal No. 2963. Application of Richard Zeidler, 55 Whippoorwill Lane, Patchogue, NY for a Variance to the Zoning Ordinance, Article III, Sections 100-31 and 100-36 for per- mission to construct addition to dwelling reducing sideyard area. Location of Property: McDonald Road, Laurel, NY; bounded northeast by Chisholm; southeast by Great Peconic Bay; southwest by Brushes Creek; northwest by McDonald Road. County Tax Map No. 1000-145- 4-15. Edgemere Park Lots 12, 13 and 14. The Chairman opened the hearing at 8:18 p.m. and read the legal notice of hearing in its entirety and appeal application. CHAIRMAN GOEHRINGER: We have a copy of a survey which was done by Young & Yount April 17, 1979 indicating the position of the present one-story frame house and garage which sits approxi- mately in the middle of Lot No. 13, and showing the proposed addition which appears to be approximately 33.9' in width and approximately 58.9' in length and sits almost in the center of Lot 12. We also have a copy of the County Tax Map showing this property and the surrounding properties in the area. RICHARD ZEIDLER: I have sold my house in Patchogue, and we have to be out by August,and the garage and the house along side of it, one part of it is right on the building line, the other part is a foot away, and I'm asking for a 6' easement. And the way the property is situated with 6' on one end and 9' on the other. And I have a picture of their garage...it shows a fence and it also shows the front of their house and the property line. And actually the front of my house. We're asking for...we actually want to take and put a solar type of a thing in the front. We need the room. I have three boats and I'd like to be able to put the boats in when we get finished. EDWARD F. POHLIG Box 733 Marion ;Place, East Marion, New York 11939 AP~c 5 ard of To,va ot Soo~old Mr. E~est Baxter 8400 Main Road East Marion, New York 11939 Zoning Board of Appeals Town Of Southold Southold, New York March 25, 1982 Gentlemen: I recently received through the mail a notice from the Town Clerk's office that one of my neighbors, a Mr. Gerasimos Fiorvantes, of 8220 Main Road, East Marion, had applied for a permit to use an existing structure on his property to construct rental-type units. I wish to register my strong opposition to the granting of this permit request by you and to make the following points relative to that opposition: 1. Laws, civil or criminal, are enacted for the welfare and common good of the community that enacts them. tn breaking the zoning law, Mr. Fiorvantes has clearly proceeded in a manner which the community has already deemed inappropriate to the common good. 2. In no way should Mr. Fiorvantes be granted a permit on the basis of a fait accompli. His obligations as a citizen of the community included finding out whether or not zoning laws existed and only after he had complied with those laws should he have proceeded. 3. If Mr. Fiorvantes is allowed to set a precedent by constructing rental-type units on his property without prior community approval, that precedent could spark an epidemic of rental-type unit conversions in an area that was never intended to play such a commercial role. 4. The community will be forced to pay additional taxes to help absorb the burden placed upon services by the addition of more rental-type units in the area. Commercial property should be taxed as such. 5. Mr. Fiorvantes' contention that the units are necessary for family and friends strains credibility when considered in light of the fact that the main house on his property is a large, four- bedroom, two bath structure capable of accommodating a reasonable number of guests on any given weekend. There are adequate hotels and motels in the area that could handle any unusual overflow. 6. Mr. Fiorvantes did not tell the truth when he filled out the so-called "Short Environment Assessment Form", to whit: Item Four: No study has been concluded to access the impact of rental-type units on either the watertable or the sewage system. Item Eleven: The addition of rental-type units on Mr. Fiorvantes property could, in fact, cause major traffic problems in that his property is just across the street from both the East Marion Post Office and the East Marion Fire Department. In the summer months, there is hardly adequate parking for the Post Office as it is. A line of cars parked in front of Mr. Fiorvantes property would cause additional congestion and danger to the area. Further, since his property is so close to the Fire Department, additional cars lined up on Main Road could conceivably cause the kind of jam-up that would seriously impede fire fighters from getting to a fire in time. Lives and property could be lost as a result of such delays. Item Twelve: No study has yet been done to access the impact of additional rental-type units being added to a power system that already is overloaded during summer months; so over- loaded, in fact,that so-called "brown outs" are a weekly occurrence. Item Fourteen: The addition of rental-type units does, in fact, have an adverse impact on the character of the community in that the area has clearly reached the saturation point relative to the ratio of homes to summer rental units. More of these rental units begins to turn the entire area into a kind of boarding house for the North Fork, a role that East Marion has not historically played. Item Fifteen: There is, in fact, great public controversy over this project, so great that the building inspector was notified at once by concerned neighbors when Mr. Fiorvantes' in%entlons became clear. The building department took immediate action to halt the project. In addition, Mr. Fiorvantes was told to his face by at least one immediate neighbor that there was opposition to the installation of rental-type units on his property. Despite the fact that Mr. Fiorvantes has incurred a substantial personal expense to convert his barn into rental-type units, he should nevertheless be instructed to remove those improvements so that at no time could the building be used for the purpose of housing people. Anything less than that simply means that Mr. Fiorvantes has "gotten away with it", a precedent has been set, and others waiting in the wings with the same purpose in mind will read the Board's lack of purposeful action as a signal to proceed. Sincerely yours, Ernest F. Baxter Southold Town Zoning Board of Appeals Town Hall Southold, N.Y. 11971 Re, Appeal 2960 - Gerasimos Fiorvantes 8220 Main Road, East Marion, N.Y. 11939 Gentlemen, We wish to register our opposition to the above appeal for the following reasons, (1) Granting this application would establish a precedent contrary to the intent of the zoning law. (2) It would result in excessive use of water supply, beyond that intended by one-acre zoning. (3) Similarly, excessive use of sewage disposal capacity of one-acre zoning would result in risk of pollution of water supply. Approval would add to the present problems of noise, litter and congestion in East Marion for which the Town of Southold offers no solutions. (5) There would be a risk of conversion there- after of this and like properties to commercial use, such as boarding houses, motels, etc. (6) The kind of property usage represented by this application, and those that would follow upon its approval, would permanently alter the resi- dential character which the zoning law is in- tended to maintain. (7) The reason Mr. Florvantes can claim there is no public controversy (short EAT #15) is that his intentions were not made known until the request for a building permit. 2 - (8) Granting this application would result in too heavy use of one acre, resulting in lowered prooerty values of surrounding private homes. The large house on this plot would seem adequate for normal accommodation of family and friends. (9) Approval would add to the present traffic orob- lems at the East Marion Post Office, firehouse and local store. This stretch of Main Road is already congested with many cars havin~ no place to park but the street and is a prime soot for accidents. The March 10th date of the application for a building permit, when the construction has been going on for the past six months, is putting the cart before the horse. The request should have been made before work was begun. We believe that the appeal should be denied. ResRectfully yo?'s,/ ,..~ . George W. & Barbara Marie Smith Box 122 - Marion Lane East Marion New York 11939 , _1 J !5-,- .... 7.,-r I I :21 ~ Md~'z c,v ' o;z' S'~e: GiNv~CE .~XS HEREBY ~ bounded north by Main Road; Parce11%10.1000-101+4. 8:15 p.m. Application of .-- o., p_ursnon, tto Section / eestbyAmott&eao.; southby' Mattitock Chamber of ~':~..me'i~,l~awand.the ]Smith&aee.;westbyCotrone Commeree~ P~O. Box 1056, ~ro~vmt. o_ns of the .A~me.nd.e.d ] & ono.; County Tax Map No.. Mattitock, NY fa' a Variun~ ~ooe m me 'l~wn o~ ~outnoM, [ 10~0-31-8-1.1. ~ t.o..~e..~Zoning 0rdinanee, a Regular Meeting and the &;5~p.m. Apulteation of ArtteleVll,:Sectionl00-70Cfor fail,ring public h?ar~ ~ll Richard Zeidks., ~ ~. ~ adv~ sign In a . of .Appeals at the Town a Varianem to ~ 'Zbn~__l B~I Zoom, ~ property o~ R. ~H~.il, M~a. in. Rea. d, $outhold, Ordinapee, i ~lbh II~ : ~Nble, lnoatedattheseuthesst ~xonwe(mesoay, Al~rill4, sectieaS160~l:a~lfOO-M~or ~'of C.R~ 48 and 19~. ~.~_ eectngatT:30p.m, permieskm ' to ~eonotruct WeStphalia Avenue, amlaSMnows: adctltiea tO dv~ ~*9dtleillg . Mattttock; bo~ north by _7:30 p.m. Application of sideYard area..,LScatton o~ C.R~ 48; west by Westphalia r~waid Ksrbiner and Joseph Pro~y: M%~.olmld Road, Ave.~ seath by Sjdur & ors.; Tamitz, 39 Edgewoed Dr~ve, Laurel, NY i bounded east by Urist, Ashton, Cooper, Now HYde Park, NY (by northeast by Chisholm; Love t,ane, and ors. County Irving L. Prtee, ,Ir., Esq.) for southeast by Great Pee°nie ~Ta~. Map Parcel No. 1000-141- ~ Yarianea for Approval of Bay; southwest by Brushes ecem, Now York Town L~w Creek; northwest by 8:15 p.m. Application of Art.. i6, Sec. ~80A. Location of McDonald Road; Edgemere Mattiteck Chamber of Cam- Property: 155 Sunset Path, Park Lots 1~, 13, 14; C~rM No. meree, P.O; Box 10~8, Mattitunk, NY for a Special by ~quneet Knoll Aeseeintion; 8:10 p.m. Application of Exception to the Zoning esst by Soneet Path; south by~ Warren A. 8smbaeh, 173 Ordlna~,ArflelellI, Section Offonheisur; west by t,.L Hillside Avonun, Wiiliaton Sound; County Tax Map No. Park, NY 11596 (for Aaron 1000-54-~D. 7:40 p.m. Application of Arthur M. Schwartz, M.D., ~40-11 Maryland Road, Dougleeton, NY 11363 for a Varianee for APproval o~ Ac- · tees, Art: 16, See. ~oA, over a new rtght-of-way located off the nect~esterly sid~ of West- ~l~ylia Avenue, Mattituek, ; bounded north by Howard's Braneh;: west by Bother; south by Pemy and a_rio.; east by Monz; County Tax Map Parcel No. l~00-113- ~plieation of~ Gerasimos Fioravsntes, Fourth Avenue, Brooklyn, NY 11%18 ~Or a Variance to the ~~, Arttcie HI, 8blkler and wife) for a Variance for approval of access, Now York Town Law Property: Private Right-of- way off Main Road, East Marion, NY; bounded north and south by Swick: west by SWick, and Woglom; east by Swick and Ja'yne; CTM No. 1000-23-1-7. 8:15 p.m. Application of Mattit#ck Chamber. of Commerce, P.O. Box 1056, Mattituck, ~ for a Snocial Exception to the ~oning Ordh~nes, Article III, Section 100-30C(6) [fi for perrujseion to erect an off-premises advertising sign 4n an A- Zone, upon.p~_operty of L. 100-30C(6) If] for permtesion to erect an off*premises adver- tising si~n in on A-Residestinl and Agricultural Zone, upon property of Greenbrier Homos, Inc., located at the north side of Main Road, Mattituck, NY; bounded north by Adel; west by Garrell; south by Main Road; east by Adel and MeGulre; County Tax Map No. 1000-108-3-5.5. 8:Z0 p.m. Application of Mattituck Chamber of Cam* merce, P.O. Box 1056, Mattituek, NY for a Special Exception to the Zoning Ordinonee, Artieto III, Section 100-30C(~)[fl for permission to erect an off-prsmi~es adver- tising sign in an A*Residnotial ond Asriceltural Zone, uPOn propm'ty o/R. Reeve, loeat~l at the southeast corner of ifled as County Tax Map Parcel No. 100o-1,~3~. 8:30 P.m. Application of ,wmiam J. and Ruth Boynmrt, Dy William B. Smith, 2~0 echeulc Street SoUtheld~ NY for a Variance tc~ the Floodplain _Mana~mnont Law, ~r r~eion to eomWuet lowest low the minimum. required base flood elevation above mean sea level. Lo~ation of Property: 1370 Latham Lane, Orient, NY; Subdivision of "l~nd's End,'~ filed Map No. 5909, Lot 4; County Tax Map No. 1000-15-9- 1,4~ Dated: April 3,19~. BY ORDER OF BOARD OF APPF~.I.q GERARD P. GOEHR1NGER' By t,inda Kowalskl, S2cretary ITA8-3928 .... ............... ~....l VO£ / of New York ~o, ~ Southold Town ard of Appeals March 19, 1982 ENVIRONMENTAL DECLARATION: Appeal No. 2960. Application of Gerasimos Fioravantes, 265 Fourth Avenue, Brooklyn, NY for permission to use accessory building for habitable guest. accessory use. 8220 Main Road, East Marion, NY; 1000-31-8-1.1. On motion by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, to declare the following Negative Environmental Declaration concerning the matter of Gerasimos Fioravantes: 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. The project in question is not located within 300 feet of tidal wetlands area. 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: 8220 Main Road, East Marion, NY; 1000-31-8-1.1. Vote of the Board: Ayes: M~ssrs. Douglass, Goehringer, Grigonis and Sawicki. Member Doyen was absent. TELEPHONE (516) 765-180I jUDITH T. TERRY TOWN CLERK Southold, L. I., N. Y. 11971 March 12, 1982 To: Southold Town Zoning Board of Appeals From' Judith T. Terry, Town Clerk lication of · ~ 2960 apP .... +ificatxon ·, ewith is Zoning Appeal ~v. ' · , · onmental Assessment Form; ansmxtte~ her or a variance. Also included ~s ~o~ ~eraSlmUo to adjacent property · y S Tioax ,, ...... of property Letter relative to N , Disapproval from the Building Department· survey ToWn clerk JTT/bn JJJJ J J TOWN OF $OUTHOLD, NEW ' 'Ri 8 ZEROM DECISION OP BUILDING INSPECTOR APPEAl NO. o'~q~) DATE ..~...r..~..h...1L,...~9.8 2 THE ZONIMG BO ~ OLD N .Y " .... ·' TO' ARD OF APPEALS, TOWN OF SOU~rH . . . 1, (;N~0 ............. ::..of'; ...... ,. : .... ;:.-,..: u..'.. ....... Name of Appellor~t St~reet and Number ........... ~.~;I).~.~13,~..~.],],:~,~ ................................. l;le~--~,oz'Ir ....... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON .APPLICATION FOR PERMIT NO ..................................... DATED ............ ~....~...c..~.....~.~.,....~..~.8...2. ........ WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of 265 Fourth Avenue , ~o.o.~..~...~, . ~fl~ .Yg.~ 11215 Street and Number Municipality State (~) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ~o(X<). P,ezmission to use ac,~essory storage building as suest house (no coc~i~ ! L~ATION OF Tile PROPERTY ..8...2..2...0...~..q...~..b...a..d..,...~...a..~.t.~....~...r...~..~...n.`.N..~..~.~..~..;.R~..e..s...~..d.~.e.~tia~ · Street Use District on' Z0~ing Mop oo, Lot OOl. oo. 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.) A~ticle III Sect. 100-30~ 3. TYPE OF APPEAL Appeal is mode herewith for (X) A VARIANCE to the Zoning Ordinance or Zoning Map ,:(*). ,A, VARIANCE/due todlack, ~ access: '(State. of. New York Town Law Chap. 62 Cons. Laws . ;- Art. lf~ .Sec. 280~ Subsechon 3 , 4. PREVIOUS; APPEL A. pr~ .appeal {~.(ha~ 900 been.~Eder~ith [esp~ct ~o, t~i~,.¢eci~ion of the Building Inspector or with respect to this property. Such ~ppeol was ( ) request for o special permit ( ) request for o variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (~) A Variance to the Zoning Ordinance (~) Guest accessory h~biLable use is not listed as a pez~Ltted use. is requested for the redson that Applicant wishes to conve:t existing accessory storage use building to habitable guest accessory use. (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- '"' 'saw'HARDSHIp because applicant has many friends and relati+e :wl me from lon~ distances to visf~ h fro. ~plf~'s home fs on the praises applfc~ ~fshes to ~ve a place for th~ as Euests to sleep ~d ~t be c~elled ~o ~e ~e lone trip back Co the c~y. 2. The hardship created is.UNIQUE and is not shared by all properties alike in the immediate ~u,:; ,: .,vi~ir~i~y~ ~f this" property and n th s use district because other':s~ora;Ee ase bUildinEs in ., the_, immediate area and in the Township are presently used fo~ the reques~ purpose. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the use ~rill he in haz~on¥ with and promote ~ ~enera~ pu~oses of ~he Zo~ng Ordi~ce ~d ~he use ~1~ no~ preven~ o~e orderly ~d reas.o~b~e use of ~jacen2 p~per=ies ~d ~e s~eZy, ~hea~h;' welfare, co~oTt' ~d conve~ce' ~d'order of .~he:~ will no~ be ~versely ~fec~ed by ~he proposed use ~d i~s lace=ion. The c~rac~e: of the district i8 ai~lar to the applic~tes proposed use. · '"5':FAT'E OF NEW YORK )' .. '. ) ss COUNTY OF SUFFOL,K ) Sworn to day bf ......... :.,....l~....r..c..h.x ........ ............ .:.....:, 1~)82 //"Notary Public FREDERICK J. TEDI~SCHI NOTARY pUBLiC, State of New Yo~ No. 52- 39454~ QualiB~ in Sutfolk Coun~ ~ COUNTY OF SUFFOLK STATE OF NEW YORK SS: NOTICE IS HEREBY G1VEN. 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 Town Hall, Main Road, Southold, N.Y. on Wednesday, April 14, 1982 commencing at 7:30 p.m. and as follows: 7:30 p.m. Application of Ewald Karbiner and Joseph Tomitz, 39 Edgewood Drive, New Hyde Park, N.Y. (by Irving L. Price, Jr., Esq.) for a Vatiance for Approval of Access, New York Town Law.- Art. 16, Sec. 280A. Location of Property: 15S Sunset Path, Southold, N.Y.; bounded north by Sunset Knoll Association; east by Sunset Path; south by Offenheiser; west by L.L Sound; County Tax Map No. 1000.S4-4.33. 7:40 p.m. Application of Arthur M. Schwartz, M.D. 240-11 Maryland Road, Doug- laston, N.Y. 11363 for a Vatiance for Approval of Access, Art. 16, See. 280A, over a new right-of-way located off the northeasterly side of Westphalia Avenue, Mattituck, N.Y.; hounded north by Howard's Branch; west by Berner; south by Penny and ano.; east by Munz; County Tax Map Parcel No. 1000-113-9-10.1t, /7:45 p.m. Application Gerasimos Fioravantes, 265 Fourth Avenue. Brooklyn, N.Y. 11215 for a Variance to the Zoning Ordinance. Article III, Section 100-30C for per-~ mission to use accessory building for habitable guest accessory use. Location of Property: 8220 Main Road, East Marion, N.Y.; bounded north by Main Road; east by Amott & ano.; south by Smith & ano.; west by Cotrone & ano.; County Tas Map No. 1000-31-8.1,1, "-"~S p.m. Application Richard Zeidler, 55 Whippoor- will Lane, Patchogue, N.Y. for a Variance to the Zoning Ordinance, Article Ill. Sec- tions 100-31 and 100-36 ilar permission to construct ad- dition to dwelling reducing sldeyard area. Location of Property: McDonald Road, Laurel, N.Y.; bounded north- _ n~st by Chisholm; southeast bv Great Peeonlc Bav: no. th- Potrlcia Wood, being duly sworn, soys that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold. in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watch- man once each week for k, ........................................ weeks successively, commencing on the <z~ Sworn to before me this ...... '~'~ day of ............. Mattituck, N.Y.; further iden. tiffed as County Tax Map Parcel No. 1000-120.3-8. . . 8:30 p.m. ApplicatiOn. of William J. and Ruth Boylhart, by William B. Smith, 220 ~"l~echanic Street, Southold, N.Y. for a Variance to the Floodplain Management Law, Chapter 46, Section 46-18A for permission to construct lowest tloor below the minimum- required base flood elevation above mean sea level. Location of Property: 1370 Latham Lane, Orient, N.Y.; Subdivi- sion of "Land's End," fded Map No. 5909, Lot 4; County Tax Map No. 1000-15.9.1.4. Dated: April 3, 1982 By Order of the Southold Town Board of Appeals Gerard P. Goehringer Chairman By Linda Kowalski Secretary / 1T-4/8/82(101) BOARD OF APPEALS, TOWN OF SOUTHOLD I the Matt r of the P titign of L t0 t~e3 Bo~d of Appea~. qf the~wn of ~guthol~ ~D~C~ Sherry Amott E. Baxter 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) ~) (:~aeig:xll~dl~(the following relief: 2. That the property which is the subject of the Petition is located adjacent to your property and is des- ribed as follows: 8220 Main Road~ East l~arion, New York 11939. 3. That the property which is the subiect of such Petition is located in the following zoning district: A-R~sid~nt~ al 4. That by such Petition, the undersigned will request the following relief: Permission to construct &uest accessory use of accessory storage buildin~ uow on pr~ses. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under signed are .~c±¢le T~. Set.on 1OO-3OC 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) ?~5-1809. 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,:Southt~ld ~nc~designated for the publication of such notices; that Y~u or your representative f~ave'the right to appear and be heard at such hearing. · '- ' Dated: Ma:ch 11~ 1982 Post Office Address 265 Fourth Avenue Brooklyn, New York 11215 PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS & ~I~T~ ~AIL R~EIPT NAME County of Suffolk Jean Tuthill Treasurer Michael Cotrone & Wfe. G.' Smith & Wfe. E. Baxter Z ADDRESS $,~ff~lk County Center, Riverhead, New York 11901 3 Elaine Court, Hillside, New JerSey~ Box 122, Marion Lane, East Marion, N.Y. 11939 gl.at. 7, ~4iAool :'B. ea4L N,.W,~ ~,on4on, E~m&land. 167.5 York Avenue, New York~ :.tq;' y. '10028 ~FOR CERTIFIED MAIL ~~ostage a /~U [Delivery RECEIPT FOR CERTIFIED MAIL SENT TO Coun~l of Suffolk STREET aND hO, Jean T~thill, Treas. ~Lf folk Coun ~3~ Center~ P.O., STATE AND ZtP COCE _Riyerhe&d~ Ne~ York 11901 OPTIONAL SERVICES F~ RECEIPT With restricted deliver~ 2, Shows to wh0m~ Date and where delivered SERV! ~W~ restricted delivery RESTRICTED DELIVERY POSTMARK POSTMARK OF RECEIVED BY I ~ RECEIPT FOR CERTIFIED MAIL '-Ia I , ~2~'~ L J Elaine CDurt ,f'~:~'::-:: . l=l ' - RETUR~--~Sh~Ws to whem and date dehver~ ~' ZlPC DE ~ Form ~~u~ . IVERY [ eOT FOR INTERNATIONAL M~["~ (See ofher side) [a3800 NO INSURANCE COVERAGE PROVIDED-- (See other STATE Ok mcw ~ ~,.,. ~ f~.o: ig?S o 59]~4~ ia NOT FOR INTERNATIONAL MAIL COUNTY OF SUFFOLK ) ss.: GERASIMO$ FIORAVANTES , residing at 26.5 Fourth Ave. ,Brooklyn, ~ New York 11215, , being duly sworn, deposes and says that on the / .~ - day of March ,19 82 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses se(~OppOsil;e., lheir:~espe~ctive names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at .Greeai~ort, ~ew; ya~ 11944 ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to before me this FREDERICK j. TEDESCHI NOTARY PUBLIC, State oF New Yor~ No. 52'3945400 Qualified in Suffolk Counly ~ Col'~mJl~ioll ~J(pil~ March 30, IP' ;,? ]I,]STRUCT IONS: SttO?,'F EHVIROHM[~NTAL ASSESSM~zIqi ru~4 ----~--(~In order to answer the questions in this short EAF it is assumed that the preparer will use. currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be signi£icont and o completed Environmental Assessment Form is necessary. (c) If all questions hove been answered lqo it is likely that this project is not significant. . '. (d) Ehvironmentol Assessment i. Will project result in a large physical change to the project site or physically alter more than 10 acres of land? ........................ Yes_~ 2. Will there be a major change to on~ unique or -unusual land form found on the site? ......... Yes~No 3. ¥7ill project alter or hove o large' effect on existing body of water? ....... 4. win project have ¢, potentlgli 'ig ge ii'gel' ' On groundwater quality? ...................... Yes, ~No_ 5. Will project significantly effect drainage. / flow on adjacent sites? ......................., Yes. 6. ¥;ill project affect any threatened or endangered plant or animal species?... Yes ~No 7. win project result in o major adverse' fe '-- on air quality? ..............................., Yes. ~No, 8. Will project have a major effect on visual character of the community or scenic views or vistas known to:be imporlont to the community? Yes 9. Will project adversely impact any site or ' "? structure of historic, prehistoric or paleontological importance or any site designated os a critical environmental area ........ Yes.'~ No 10. %'1ill project hove o major effect on existing or future recreational opportunities? ......... Yes, ~(No 11. Will project result in.major traffic problems o~ cause o major effect to existing transportation systems? ....................... Yes. ~ No 12. Will project .regularly cause objectionable odors, noise, glare, vibrotlon, or electrical disturbance as o result of the project's operation? ......... ' ............................. Yes~X' ,Ne 13. %'/ill project h~ve any impact on public health ' or.safety? .................................... __Yes 14. Will p~oject affect the existing community by directly causing o gro%'rlh in permanent population of more than 5 perceot over a one year period o__r have o major negative effect on the character o~ the community or Yes ~ No neighborhood? ................................. 15. Is there public controversy concerning the project? ......................................, Yes ~ No SIGIqAIURE ~ ~ PREPARER'S REPRESENTING (Today's Date) To: Re: Southold Town Board of Appeals Main Road Southold, NY 11971 Appeal Application 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 iQ 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 ~e 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. not £ ] appear to 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 fall within the jurisdiction of the N.Y.S.D.E.C.] Sincerely yours, (Signature please~ '..;