Loading...
HomeMy WebLinkAbout3044't Southold Town Board o£Appeals MAIN ROAD - STATE RI-lAD 25 SI'iUTHIDLD, l.l., N.Y. 11971 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF A~ .~EIVED AND FILED BY Appeal No. THE SOUTIIOLD TOWN cr~F. RK Application DATEll/i~/~ HOUR ID:-~ TO: I ~ ...... lerk Tow~ of 8%uthold At a Meeting of the Zoning Board of Appeals hold on October 30, 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 IX] Request for Variance to the Zoning Ordinance Article III , Section 100-31 3044 Dated September 30, 1982 Gary Flanner Olsen, Esq. Attorney for Mr. Nicholas Ippolito Main Road Mattituck, NY 11952 Request for The public hearinG on this application was held on October 21, 1982, at which time the hearing was declared closed pending deliberations. Upon application for NICHOLAS W. IPPOLITO, by Gary Flanner Olsen, Esq., Main Road, Mattituck, NY for a Variance to the Zoning Ordinance. Article III, Section 100-31 for permission to construct addition with reduced rearyard setback at 235 Carol Road, Southold, NY; bounded north by Stachtiaris; west by VIP Inns; south by Haas; east by Arshamomaque Pond; County Tax Map Parcel No. 1000-52-2-7. The board made the following findings and determination: By this appeal, appellant seeks a 12' by 28' addition to the exist- ing one-family dwelling for additional living area, leaving an insuffi- cient rearyard setback at 28 feet at its nearest point from the rear property line. The parcel in question appears to contain an area of approximately 5,200 square feet, with 50' frontage along Carole Road. The subject parcel is bulkheaded the entire length of its waterlying edge, and the N.Y.S. Department of Environmental Conservation has issued their "Notice" indicating no jurisdiction pursuant to Article 25 of the Environmental Conservation Law. There has been furnished for the record that there will be a total square footage of 1,008 and that the 20% minimum lot coverage requirements of the code will be complied with. In considering this appeal, the board determines the variance request will not cause detriment to adjoining properties; that the circumstances herein are unique; that the difficulty cannot be obviated by a method, feasible to appellants, other than a variance; that no adverse effects will be produced on available governmental facilities of any increased population; that the relief requested will be in harmony with and promote the general purposes of zoning; and that the interests of justice will be served by allowing the variance as indicated below. On motion by Mr. Sawicki, seconded by Mr. Grigonis, it was RESOLVED, that Appeal No. 3044, application for NICHOLAS IPPOLITO for permission to construct an addition to the existing dwelling, be and hereby IS APPROVED, PROVIDED THAT ALL STRUCTURES ON THIS PARCEL DO NOT EXCEED THE MAXIMUM-PERMITTED LOT COVERAGE REQUIREMENT OF TWENTY PERCENT. DATED: November 10, 1982. Form CB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appeal No. 3044 Matter of Nicholas Ippolito Decision Rendered October 30, 1982 Location of Property: 235 Carol Road, Southold, NY; County Tax Map Parcel No. 1000-52-2-7. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. "~Chairman Board of Appeals outhold Town Board o eals MAIN ROAD-STATE ROAD 25 SOUTHOLD, L.I.. N.Y. 1]97~ TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, a 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 Thursday, October 21, 1982 commencing at 7:30 p.m. and as follows: 7:30 p.m. Application for MARTIN AND ALMA SUTER by Garrett A. Strang, Box 1412, Southold, NY for a Variance for approval of access pursuant to New York Town Law, Section 280-a. Location: Right-of-way off the south side of New Suffolk Avenue, Mattituck; bounded north, east and west by H. Alvin Smith & Co. and south by the Bay; County Tax Map Parcel No. 1000-115-17-18. 7:35 p.m. Application for ALEXANDER GASTON by Rudolph H. Bruer, Esq., Main Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory storage shed in the sideyard area. Location: M~nor Subdivision of Sturges, Map No. 144, Subd. Lots 1 and 2; Private Road, Fishers Island, NY; County Tax Map Parcel No. 1000-10-6-13.1 and 14.1. 7:40 p.m. Application of RALPH L. AND JANE M. ARMBRUST, 840 Manor Hill Lane, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-30 for permission to construct additional stable(s) and to add additional horses on this four-acre parcel. Location: 840 Manor Hill Lane, Cutchogue; bounded northwest by Schwarz; west by Cross Right-of-way; south by Sheehan; northeast by Cross; more particularly known as County Tax Map Parcel No. 1000-108-3-13.11. 7:45 p.m. Application for MICHAEL AND ANNETTE COLLINS by William J. Jacobs, Builder, Depot Lane, Cutchogue, NY for a Variance to the Zoning Ordinance, Bulk Schedule, Article III, Section 100-31 for permission to construct deck addition to dwelling reducing the rearyard setback. Location: 515 Orchard Street, New Suffolk, NY; bounded north by Urbanowski; west by Cusumano; south by Orchard Street; east by Tuthill; County Tax Map Parcel No. 1000-117-5-33. 7:50 p.m. Application of JOSEPH D. BURRUANO, 39 Salem Road, Rockville Centre, NY 11570 for a Variance for approval of access pursuant to New York Town Law, Section 280-a. Location: Ford's Road (Private Road No. 9), Southold, NY; subject parcel bounded on the nort~ east and south by Lavinia; southwest by Wittmer; west by T.eoal Notice - Ps~e 2 Southold Town Board of Appeals Public Hearings for October 21, 1982 Krupski, Comm. of Welfare, and Crane; County Tax Map Parcel No. 1000-87-1-13. 7:55 p.m. Application for ANDREW PAFITIS by Inland Homes, Inc. as agent, 315 Westphalia Road, Mattituck, NY for a Variance to the Zoning Ordinance, Bulk Schedule, Article III, Section 100-31 for permission to construct one-family dwelling with an insufficient rearyard setback at 1800 Gillette Drive East, East Marion, NY; bounded north by Manor Grove Corp.; west by J & M Reuter; south by Ruggiero; east by Gillette Drive East; County Tax Map Parcel No. 1000-38-3-22. 8:00 p.m. Application for GUS KYRKOSTAS by William B. Smith as agent, Mechanic Street, Southold, NY for a Variance for approval of access pursuant to New York Town Law, Section 280-a. Location Right-of-Way off the north side of Main Road, Orient, NY; subject parcel being bounded on the north by the Bay; west by Wilsberg; south by Reese; east by Demarest; County Tax Map Parcel No. 1000- 13-2-4. 8:05 p.m. Application for NICHOLAS W. IPPOLITO by Gary Flanner Olsen, Esq., Main Road, Mattituck, NY for a Variance to the Zoning Ordinance, Bulk Schedule, Article III, Section 100-31 for permission to construct addition with reduced rearyard setback at 235 Carol Road, Southold, NY; bounded north by Stachtiaris; west by VIP Inns; south by Hass; east by Arshamomaque Pond; County Tax Map Parcel No. 1000-52-2-7. 8:10 p.m. Application of BRIGITTE GIBBONS, 3475 Ole Jule Lane, Mattituck, NY for a Variance to the Zoning Ordinance, Bulk Schedule, Article III, Section 100-31 for permission to construct addition to dwelling with an insufficient sideyard area at 3475 Ole Jule Lane, Mattituck, NY; Ole Jule Lane; 122-5-20. bounded north by Schiller; west by Battersby; south east by Wilsberg; County Tax Map Parcel No. 1000- 8:15 p.m. Application for NORTH FORK BANK & TRUST COMPANY by Wickham, Wickham & Bressler, P.C., Main Road, Mattituck, NY for a Legal Notice - Page 3 Southold Town Board of Appeals Public Hearings for October 21, 1982 Variance to the Zoning Ordinance, Bulk Schedule, Article VII, Sec- tion 100-71 for permission to construct drive-in banking facility with canopy extending into the frontyard area at the Mattituck Shopping Center, North Side of Route 25, Mattituck, NY; bounded north by Bethany Cemetery Assoc.; west by Factory Avenue; south by Ardprop Inc. and Main Road; east by New Bethany Cemetery; County Tax Map Parcel No. 1000-142-1-26. 8:25 p.m. Application for MR. AND MRS. DONALD SHAW by · ~ Environment East Inc., 3075 Indian Neck Lane, Peconic, NY for a Variance for approval of access, New York Town Law, Section 280-a. Location: Rights-of-Way located off the east side of Jackson's Landing Road (referred to as Miller's, Young's and Wick's Rights-of-Way), Mattituck, NY; subject parcel known as 1080 Private Road #15 [Wick's Road]; bounded on the north by Manos; east by Manos, R-O-W, and Roundtree; south by Howard's Branch of Mattituck Creek; east by Schipani, Davis and McCarthy; and Rohren; County Tax Map Parcel No. 1000-113-6-15. Any persons desiring to be heard on any of the above applica- tions should appear at the time and place indicated. Dated: October 9, 1982. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda F. Kowalski, Secretary x FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File N9 ................................ Date ......................... 19 ..... To ...~~¢~.. ~. :~ ....... PLEASE TAKE NOTICE that your application dated ..... ~.. ?~(. ........ ,19 ~. ~tion of Property ~ .- .... ~ ..... ,, ......,. ~. ....... Hou~ No. St~t Hamlet ~v ~ ~ap ~o. ~000 S,~t~o~ .. ~.~ ..... ~o~ .... ~ ...... ~t .a~ ....... ~bdi~on ...... '~'~ ....... Filed Map No ........ ~ . .... Lot No ............ ~ . .. ~ ~t~ed he,with and disapproved on the following grounds~'/.'~'~.'~. ~.~. .~.c~r~ ..... ~~. ~ ~'~ '; '~' '~ ~... ~ ~,.-.,.. ~..: Build~g ~spector RV 11~1 R~4::EIVED SEP 3 0 198 OF BUILDING INSPECTOR APPEAL NO. L~Z/' / TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N Y. DATE ...'/~'/.~.~. I, (We) Nicholas W. Iopolito - Carol Road, Name of Appellant Street and Number Southold New York HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ..................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) Name of Applicant for permit of Carol Road Southold New York Street dod Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY VARIANCE I. LOCATION OF THE PROPERTY ....... Carol Road Southold, New York Street Use District on Zoning Map ...Sec.....Q52 ........ ]Rlk... 1)2,, ....L~t..Q 0.7 ................. 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 nat quote 'the Ordinance.) Art. III Sec 100=31. Bulk Schedule 3. TYPE OF APPEAL Appeal is made herewith for (X) ~A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due tq lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec 280A Subsection 3 4 PREVIOUS'APPEAL A previous appeal ~(has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such ~ppeol was [ ) request for a special permit ( ) request for a variance and was made ~n Appeal No ................................. Dated REASON FOR APPEAL I ) A Var,once to Section 280A Subsection 3 ( ) A Variance to the Zoning Ordinance ( ) is requested for the reason that the applicant seeks to construct an addition to the rear of an existing house, as shown on the annexed survey, which rear yard would be reduced to an insufficient set-hack. l~orm ZBI (Continue on other side) Southold Town Board of Appeals -17- August 4, 1977 Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. PUBLIC HEARING: Appeal No. 2317 - 8:46 P.M. (E.D.S.T.) upon application of VIP Inn, Ltd., 39 Gehring Street, Commack, New York (Gary Olsen, Esq.) for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to set off existing buildings on under- sized lot. Location of property: South side CR27, Southold, New York, bounded on the north by CR27 (North Road); east by H. Hass, A. Stachtiaris, N. Ippolito, F. Bruch, J. Smulcheski, M.. Furner,. E. Stewart; south by Mill Creek; west by now or formerly Nassau Steamship Agency. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication in the'official newspapers, notice to the appli- cant, and disapproval from the Building Inspector. The Chairman also read statement from the Town Clerk that notification by certified mail had been made to: Mr. and Mrs. Achilles Stachtiaris; Mr. and Mrs. Joseph Smulcheski; Mr. and Mrs. Frederick Bruch; Mr. and Mrs. Manfred Kurner; Mr. and Mrs. Edwin Stewart; Helmut Hass; Nassau Steamship Agency, Inc. THE CHAIRMAN: There was another meeting on this, and I believe that the applicant withdrew. GARY OLSEN, ESQ.: Yes, We did withdraw. THE CHAIRMAN: I have the minutes of the previous meeting of March 31, 1977. The application was made under the name of Nicholas W. Ippolito. ~ GARY OLSEN, ESQ.: I didn't realize at that time that the property was in a corporate name' owned by Mr. Ippolito but it's the same application. THE CHAIRMAN: So this is a fresh application. (The Chairman finished reading the application.) The application is accompanied by a sketch which indicates that the property owned by the applicant is on the south side of North Road opposite Town Beach in Southold. The first plot on which the main part of the motel stands is on about 24,000 sq~ ft. The next plot on which the four-unit section stands is on 9,400 sq. ft., plus or minus. The two-unit portion of this motel is on Parcel ~3 toward the pond south from the Main Road. This is a situation which existed prior to zoning and which is about as severe an example as could be found and predated zoning in this Town. We Southold Town Board of Appeals -18- August 4, 1977 have a brief which I will read when the time comes from Mr. Tedeschi who further points out what poor zoning it is, a point with which we hardily agree. In other words, we agree entirely with the fact that this is poor zoning. Is there anyone present who wishes to speak for this application? GARY OLSEN, ESQ.: This may be an example of poor zoning but the fact is that it does exist. THE CHAIRMAN: Lest anybody think that there isn't poor zoning elsewhere, I was in Hauppauge yesterday where a fellow's got before the Planning Commission 12 building sites on 2.9 acres. There's so little room there's no place to park the cars, they have to be parked on the street, we're not the only ones with poor zoning. Go ahead. GARY OLSEN, ESQ.: This is an existing situation. On Parcel #1, proposed Parcel ~1, the~e is presently a 12-unit motel and that parcel would have 24,000 sq. ft. with frontage on Middle Road of about 258'. Parcel ~2 presently has a 4-unit building on it and if the variance is approved, it would have an area of 5,400 sq. ft. Parcel ~3 has a 2-unit building and, if the vari- ance were granted, would have an area of approximately 17,000 sq. ft. THE CHAIRMAN: I think Parcel ~2 is 9,400 sq. ft., isn't it? GARY OLSEN, ESQ.: Yes, 9,400. Mr. Ippolito, who is the owner of the corporation who is the applicant here, has a party interested in purchasing the motel unit but they're not interested in purchasing the ~-unit building or the 2-unit building. THE CHAIRMAN: Could you tell us why? NICHOLAS IPPOLITO: I really can't answer that, I guess the price is out of their reach for the three parcels. GARY OLSEN, ESQ.: The granting of the variance will not increase the density or ch~.nge the situation. THE CHAIRMAN: I think Mr. Tedeschi's coming along with a brief after you've finished ... GARY OLSEN, ESQo: I wish I had seen a copy of the brief. THE CHAIRMAN: I didn't see it myself until 12:00 . GARY OLSEN, ESQ.: As I say, the granting of th~ variance would not increase the density, it would simply set off each of the units as separate parcels. THE CHAIRMAN: Would Mr. Ippolito continue to operate the 2-unit and the 4-uni~ portions of the motel on Parcels 2 and 3? Southold Town Board of Appeals -19- August 4, 1977 NICHOLAS IPPOLITO: That would be desirable. Upon selling I would be willing to have it dropped or up it to residential zoning. THE CHAIRMAN: One of the buildings would have to be enlarged to 850 sq. ft. NICHOLAS IPPOLITO: Which means that the only direction it can go is up. THE CHAIRMAN: Is there anyone else who wishes to speak for this application? (There was no response.) Is' there anyone who wishes to speak against this application? I know Mr. Tedeschi's going to speak, do you want to read the brief or shall I? FREDERICK TEDESCHI, ESQ.: You're up higher. (The Chairman read the August 2, 1977, "Memorandum in Opposition" submitted by Frederick Tedeschi, Esq., on behalf of his clients, Mr. and Mrs. Stachtiaris; Mr. and Mrs. Bruch; Mr. and Mrs. Smulcheski; Mr. and Mrs. Hribok; Mr. and Mrs. Kuerner; Mr. and Mrs. Stewart; and the Nassau Steamship Agency, Inc.) THE CHAIRMAN: Is there anything you'd like to add to that, Mr. Tedeschi? FREDERICK TEDESCHI, ESQ.: Yes, as a correlary I would like to add that the seven clients that I represent are all here. They have indicated to me and, to digress a-minute, we all agree it's bad zoning. Perhaps we could do something to upgrade it. THE CHAIRMAN: I'd like to point out that this was before zoning FREDERICK TEDESCHI, ESQ.: I know that. We're not casting stones, but in an effort to get along with neighbors and perhaps to upgrade the situation, my clients have indicated to me that if a reasonable compromise could be reached whereby the two southerly portions, Parcels 2 and 3, were converted into residential one- family, they would certainly upgrade the area in that respect. My seven people, five of them have a one-family dwelling on 4,500 sq. ft. of property. If he creates ... THE CHAIRMAN: Each of them has 4,500 sq. ft.? FREDERICK TEDESCHI, ESQ.: Give or take a few feet. If we could create the same thing across the road ... THE CHAIRMAN: They use them mostly in the summer don't they, none of them are year-round residences? Southold Town Board of Appeals -20- August 4, 1977 FREDERICK TEDESCHI, ESQ.: (Talking to his clients) Is Mr. Stachtiaris a year-round resident? No? Then they're all summer residencesl Our thought is if we could create two one-family units across the road we would certainly be upgrading the area which would be an asset to the entire community. I know you, Mr. Gillispie, have been there with another member of the Board but for those who have not been there, this is what they propose to have for four dwelling units. (Mr. Tedeschi showed the Board a picture of the building.) THE CHAIRMAN: It's an existing four-dwelling unit, not what they propose. FREDERICK TEDESCHI, ESQ.: That's what they propose. And this picture, is the requested motel, which you're all fa/niliar with. This is the two-unit building. We submit that we could, if we could reach such a compromise to make these two parcels one family, it certainly would be in keeping with the rest of the community as it is presently constituted. But to put four units on 9,400 sq. ft. we may be compounding the error in zoning. I know this Board is not that type. THE CHAIRMAN: Then, as I understand it, you would be in agreement with a suggestion which would involve permitting the sale of the 12-unit part'of 24,000 sq. ft. and dividing the other two parcels, 2 and 3, into two separate residential units, each of which would have to have 850 sq. ft. in the residence. I think the 4-unit may have that 850 sq. ft. FREDERICK TEDESCHI, ESQ.: That's what I was saying, Mr. Gillispie, we're saying ... THE CHAIRMAN: For single family use. FREDERICK TEDESCHI, ESQ.: Right, exactly. Now I understand. THE CHAIRMAN: And the present use would be continued through this year because it's the middle of the season, and it would be required that these be converted, if used, to single family use anytime after next year. FREDERICK TEDESCHI, ESQ.: We would be in agreement with that, they could operate their 12-unit motel as presently constituted. THE CHAIRMAN: And I think that would improve the area. I'm not sure there would be very much difference. Those motel units are used probably four months out of the year. If you multiply six times four you get 24 months. If you put two families in those two places times twelve months you get 24 months use as far as sewage and water and so forth. FREDERICK TEDESCHI, ESQ.: You don't have as many people for parking~ sanitation, I have some pictures here of garbage, cars parked all over the place .... Southold Town Board of Appeals -21- August 4, 1977 THE CHAIRMAN: It would be one small step toward upgrading the area. Mr. Ippolito and Mr. Olsen, you've heard the discussion, are you in agreement with what we've been talking? NICHOLAS IPPOLITO: I'm in partial agreement. What I'm trying to do is sell each parcel off. If I sell the front parcel, I have buyers that claim they're interested. We have gotten down to finalities on it. If they agree to buy, then I agree that the two back buildings should be turned to residential as they are sold. Now assuming that they do not decide to buy, then I would still want to have the motel zoning for the three units. In other words, I wouldn't want to change that at the end of the year. THE CHAIRMAN: Well, if there's no sale you would continue the way you are, basically. GARY OLSEN, ESQ.: That's not the way I understood your con- versation with Mr. Tedeschi. You said that for the interim of this year he could continue ... THE CHAIRMAN: for $500,000 ... If Mr. Ippolito sells the 12-unit motel tomorrow GARY OLSEN, ESQ.: It's only upon conveyance of title to the 12-unit that the Parcels 2 and 3 would come into the picture. NICHOLAS IPPOLITO: Actually, what I desired was that assuming that we sold the front parcel, I would have two parcels left. As each parcel is sold it would have to be sold as a residential but while I still possess it, it Would be operating as it operates now as a motel. ROBERT BERGEN: For this year only. THE CHAIRMAN: For this yea~ only on the two parcels. If you sell Parcel #1,i Parcel #2 and %3 which is a four-unit and a two- unit motel, which are very small units, would still be operated by you for the rest of the season. After this season ... GARY OLSEN, ESQ.: Assuming we sell Parcel %1 this season. THE CHAIRMAN: Assuming you sell it. I assume from the appli- cation that you have a buyer. NICHOLAS IPPOLITO: I the money. THE CHAIRMAN: That's to elevate the area. have a buyer but it's not, I don't have our position. We want to do something NICHOLAS IPPOLITO: I'm in full agreement with that. The only direction I want tO go is toward higher zoning. Southold TOwn Board of Appeals -21-~ August 4, 1977 THE CHAIRMAN: It looks like we're walking backwards, doesn't We won't be causing you any financial inconvenience, you will be permitted to continue this operation the way it is until or if you sell all or nothing. NICHOLAS IPPOLITO: The other thing that I was hoping to receive from the Board was the right to rent the back rooms until they're sold. Let's take Parcel 2. THE CHAIRMAN: No, you can't have everything. We'll let you finish this year because you could have contracts or anything else. NICHOLAS IPPOLITO: Then what you're saying, see if I understand it correctly. If I sell the front building, the back two buildings automatically become residential. THE CHAIRMAN: Single family residential. NICHOLAS IPPOLIT0: If I do not sell the front building, am I still able to sell the three parcels as a motel unit? THE CHAIRMAN: That we can't prevent. That's an existing situation. We can't prevent that, can we Mr. Tedeschi? FREDERICK TEDESCHI, ESQ.: No sir. NICHOLAS IPPOLITO: What I was hoping for was that if I did sell the front unit that I would still be able to rent the back units next year as four units and two units. FREDERICK TEDESCHI, ESQ.: That's what we're objecting to. NICHOLAS IPPOLITO: All right, I'll accept it. I have the option to sell either individually ... THE CHAIRMAN: I don't think that we would want you to sell #2 or ~3 for a motel use at all, period. NICHOLAS IPPOLITO: If ~1 is sold. FREDERICK TEDESCHI, ESQ.: Mr. Gillispie, just a technicality. In as much as the property is owned by a corporation, there's a possibility that stock could be sold and the title wouldn't be transferred so I would like for your consideration in the event that stock of the corporation and/or the title is sold that this would come about. I can envision a situation where title would not be transferred, just the stock sold. I think weJre all looking for the' same thing so just as a technicality or precaution I would ask that that be considered. GkRy OLSEN, ESQ.: I don't understand that, quite frankly, the selling of Stock. Southold Town Board of Appeals -22- August 4, 1977 THE CHAIRMAN: Who owns it now, Mr. Ippol~to or the corporation? N~CHOLAS IPPOLITO: The corporation. THE CHAIRMAN: And you own the corporation. Entirely, 100%? NICHOLAS IPPOLITO: Yes. THE CHAIRMAN: You own all the common stock. preferred stock, no bonds. There's no NICHOLAS IPPOLITO: Right. THE CHAIRMAN: In effect he owns it then. What were ~ou going to say?. GARY OLSEN, ESQ.: As long as Mr. Tedeschi, his net comment is if the Parcel %1 is conveyed whether it be through the transfer of stock ... I don't know'how you could do it. You couldn't just convey part of it by selling the corporation, by selling the stock of the corporation. FREDERICK TEDESCHI, ESQ.: Sure you could. THE CHAIRMAN: If it's entirely in Mr. Ippolito's hands you could extinguish the corporation, that would probably be the simplest way. GARY OLSEN, ESQ.: All right, as long we understand what the intent is. THE CHAIRMAN: That conceivably would be possible, what you're talking about. GARY OLSEN, ESQ.: Mr. Ippoiito, I think, understands that if Parcel %1, which would have approximately 24,000 sq. ft. and contains the 12-unit building, if that is sold as shown on the survey, then Parcels 2 and 3 would then have to revert to single family residential use, regardless of how he sells Parcel %1. THE CHAIRMAN: Mr. Tedeschi has suggested the possibility of selling stock in the corporation. GARY OLSEN, ESQ.: As I say, regardless of how ha sells it whether it's through selling stock of the corporation ... FREDERICK TEDESCHI, ESQ.: Ownership and control. THE CHAIRMAN: Sold involving ownership and control. Added to that action, that should be the first condition. Added to that action'~ould be that if Parcel %1 is sold or conveyed or changes hands by whatever means, then Parcels #2 and 3 may continue as motel Units under the direction of Mr. Ippolito for the balance of 1977. Starting January 1, 1978,' if the structures on either Southold Town Board of Appeals -23- August 4, 1977 Parcel ~ or 3 are used, they must be used for single family resi- dential use and the structures on Parcel 3 and Parcel 2 must conform particularly to the 850 sq. ft. minimum requirement of floor area in the Southold Building Zone Ordinance. NICHOLAS IPPOLITO: I don't think they have that footage right now. THE CHAIRMAN: One of them doesn't. It's about 20' by 20', maybe a little bigger. I think your other one may. If you sell it as is, whoever bought it would have to fix it. You don't have to do it. NICHOLAS IPPOLITO: I may do it but I don't want to be forced into it. THE CHAIRMAN: Any other conditions should be in there? CHARLES GRIGONIS,' JR.: I think you've covered them all. After investigation and inspection, the Board finds that the applicant requests permission to set off existing buildings on undersized lot, south side CR27, Southold, New York. The findings of the Board are that this is the first opportunity the Board has had in 20 years to attempt to upgrade the Hass development on the North Road in Southold. 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 ~roperties 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. Bergen, it was RESOLVED, VIP Inn, Ltd., 39 Gehring Street, Commack, New York be GRANTED permission to set off existing buildings on undersized lots, south side CR27, Southold, New York, as applied for, subject to the following conditions: If the 12-unit motel on Parcel #1 is sold or the ownership and control of this parcel is transferred in any way, Parcels 2 and 3 may continue as motel units under the direction of Mr. Ippolito for the balance of 1977. Starting January 1, 1978, the structures on Parcels #2 and 3 can be used only for single family residential use. They must conform to the Southold Town Building Code with respect to mihimum floor area. Southold Town Board of Appeals -24- August 4, 1977 Vote of the Board: Ayes: - Messrs: Grigonis, Doyen. Gillispie, Bergen, Hulse, PUBLIC HEARING: Appeal No. 2318 - 9:15 P.M. (E.D.S.T.) upon application of Lee and Barbara Siros, 3 Lee Lane, Wilbraham, Massachuttes (Gary Olsen, Esq.$..for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to set off lot with insufficient width and area. Location of property: East side Deer Path, Mattituck, New York, bounded on the north by Miller Right-of-way; east by D. Trimmer; south by right-of-way, Dickerson and Beier; west by Deer Path (Pvt. Rd.). The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication in th~ official newspapers, notice to the appli- cant, and disapproval from the Building Inspector. The Chairman also read statement from the Town Clerk that notification by certified mail had been made to: Daniel Trimmer; Charlotte T. Dickerson; Pamela Steadman; Anna M. Smith. Fee paid - $15.00. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? GARY OLSEN, ESQ.: My clients live in Massachuttes and they are presently involved in a purchase of the subject premises from the present owners, Klaus and Marga Beier. The parcels to be created ... THE CHAIRMAN: Do you know what lot number this is on the County map? GARY OLSEN, ESQ.: It's at the intersection of Miller's right- of-way and Deer Path Road. THE CHAIRMAN: This indicates 2.8 acres. GARY OLSEN, ESQ.: Mr. and Mrs. Beier also own a house which is contiguous to the subject premises located on Mattituck Creek. It appears to be separated from the property in question by a right-of-way. I don't know whether the right-of-way is owned by ... ROBERT BERGEN: It says Deer Path Road right-of-way. GARY OLSEN, ESQ.: If I may show you this overall survey of the property, this is the property in question. It's a vacant piece located on the corner of Miller's right-of-way, the'southerly side of Millgr's right-of-way and the easterly side of Deer Path Road. $outhold Town Board of Appeals You're going to have to move your going to come under another application sometime -5- March 31, 1977 sign, I understand. This is all later. (The Board and Mr..Levin discussed the l~cation, of the sign.) THE CHAIRMAN: You can't get into the Greenport sewage system? JACK J. LEVIN: I went through it with the'engineers, it's too costly. THE CHAIRMAN: Did you talk this parking over with Howard? GORDON K.' AHLERS: Yes. THE CHAIRMAN: Are there any objections to this? to speak against i%? (There was no response.) Anyone wish After investigation and inspection the Board finds that the applicant requests permission to make an accessory business use of Residential-Agricultural land for parking and sewage disposal, south side CR27, Greenport, New York. The findings of the Board are that the Board is in agreement with the reasoning of the applicant. The Board.finds that strict-application-lof, 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. Grigonis, it was RESOLVED, Jack J. Levin, North Road, Greenport, New York be GRANTED permission to make an accessory business use of Residential-Agricultural land for parking and sewage disposal, south side CR27, Greenport, New York, as applied for. Vote of the Board: Ayes: - Messrs: Gillispie, Grigonis, Doyen. PUBLIC HEARING: Appeal No. 2254 - 8:00 P.M. -(E.S.T.) upon application of Nicholas W. Ippolito, 39 Gehring Street, Commack, New York (Gary Olsen, Esq.) for a variance in accord- anc~with the Zoning Ordinance, Article III, Section 100-30; Article V, Section 100-50, and Bulk Schedule for permission to divide property with existing buildings. Location of property: Southold Town Board of Appeals -6- March 31, 1977 South side North Road (CR27), Southold, New York, bounded on the north by CR27, east by Hass and Carole Road (Pvt. Rd.); south by Mill Creek; west by now or formerly Dover Navigation Corp. The Chairman opened the hearing by reading the application for a variance, legal notice-of hearing, affidavits attesting- to its publication in the official newspapers, and notice t© the applicant. The Chairman also read statement from the Town Clerk that notification by certified mail had been made to: Nassau Steamship Agency, Inc.; Helmut Haas. Fee paid - $15.00. THE CHAIRMAN: The application is accompanied by a survey dated August 18, 1976 by Van Tuyl indicating that the property under discussion has approximately 24,000 sq. ft. in Parcel #1 on CR27. The adjoining piece, Parcel #2, has 11,000 sq. ft.. To the south is a 16,000 sq. ft. triangular piece which runs down to Arshamomaque Pond and runs along a 20' private road. Is there anyone present who wishes to speak for this application? GARY OLSEN, ESQ.: I'm the attorney for the applicant, Nicholas W. Ippolito. Mr. Ippolito presently owns the entire premises involved which totals approximately 51,000 sq. ft. It's located on the south side of County Road 27, otherwise known as the North Road. What prompted this application was, he appar- ently has someone that's interested in purchasing the 12-unit motel immediately to the south of the North Road but they don't want to purchase the other units. What he would like to do is to divide the subject premises into three parcels. The first parcel, which would be__facing_on~the-North Road,-would have frontage-~n~the North Road of 258', approximately, and would have 24,000 sq. ft. That's a 12-unit motel which would have parking to the east of Carole Road. The second parcel ... THE CHAIRMAN: The parking goes with the first parcel? GARY OLSEN, ESQ.: Right. It'll be part of the 24,000 sq. ft. The second parcel is to the south of the first and that would have frontage on a private road known as Carole Road containing approxi- mately 11,000 sq. ft. That .contains an existing four-unit motel. To the south of that is proposed Parcel #3 which would contain 16,000 sq. ft. There's a two-unit dwelling there and that would have frontage of 199.80' on Carole Road. These are all existing buildings, the granting of the variance'would not increase the density. There is an economic hardship for Mr. Ippolito in that it would be more economically viable for him to sell these units in separate parcels rather than as one total piece. That's the purpose of the variance. THE CHAIRMAN: Ho~ many units did you say there were? GARY OLSEN, ESQ.: 12 in the first parcel, four in the second, and two in the third. The property to the east of Carole Road ~ Southold Town Board of Appeals -7- March 31, 1977 contains residential units, parcels that would be of similar size, probably smaller, than the parcels that would be created. This was, the property in question was originally zoned, as I understand it, Light Business. It was used fop motel purposes and now has been rezoned to Agricultural-Residential. These would be a non- conforming use on that basis. THE CHAIRMAN: The property to the west, wasn't that zoned for motel use? GARY OLSEN, ESQ.: as I understand it. don't know. It's vacant property now THE CHAIRMAN: Anybody else wish to speak for this? (There was no response.) Anyone wish to speak against it? FRED BRUCH: I myself and several other p~ople here ~epresent property onwers to the east. THE CHAIRMAN: On Carole Road? Which one are you in? FRED BRUCH: 95,~ Carole Road. This is directly opposite the third unit, the triangular piece. THE CHAIRMAN: And your point is? FRED BRUCH: According to my understanding previously, I can't understand how this will not increase the density because at the moment, the three units are used all as motel units and are restricted to certain numbers of people per unit. Now they will become family dwellings which can have a number of more people per unit. ~ THE CHAIRMAN: I don't think he said that. FRED BRUCH: This is what Mr. Ippolito said to me. THE CHAIRMAN: He's going to sell this as a four-unit family unit'on the 11,000 sq. ft. parcel and a two-unit dwelling on the 16,0007 FRED BRUCH: Yes. THE CHAIR/~AN: Anyone else? FRED HRIBOK: I'm in Building #3. THE CHAIR/~J~N: What are the plans for these units? Southold Town Board of Appeals -8- March 31, 1977 GARY OLSEN, ESQ.: We don't want to lose the non-conforming use by the granting of this variance. We don't want to lose the non-conforming motel use that we have now. THE CHAIRMAN: Would you have any objection to a prohibition against using these for a family use? GARY OLSEN, ESQ.: I should think it would be to their advantage if we ever lose the~non-conforming use. Now, say on Parcel #2, we can have, there are four units for motel purposes. On Parcel #3, there are two units. THE CHAIRMAN: So you would have no objection to prohibiting these for family use? GARY OLSEN, ESQ.: Again, as I understand it, this is presently zoned Residential. We have, in effect, an increased use of the units on Parcels #2 and 3 for motel purposes which we would not want to lose by the granting of the variance. THE CHAIRMAN: In other words, your position is that when 'they changed it from Business use to Residential, you think you acquired ... GARY OLSEN, ESQ.: We had a motel use at that point. think now we are using the property on a non-conforming basis since it's now zoned Residential and not Light Business. 'We would not want to lose, by the granting, of the_variance,-our motel use on all of the parcels. THE CHAIRMAN: Then you would have no objection to a clause prohibiting this for family, year-round use. It's too many for this area. GARY OLSEN, ESQ.: I think-I would. THE CHAIRMAN: As far as the division of the property is concerned, I don't think the Board has any objection because it won't increase the density, but that phrase wouldn't apply if the four unit became four family units on 11,000 sq. ft. GARY OLSEN, ESQ.: But I would not want to lose the right to use it as four motel units. THE CHAIRMAN: I don't think you would. FRED BRUCH: Can I ask a question? Do I understand that they'l have the right to either use it as residential or ~otel? THE CHAIRMAN: That's what we're talking about. I think that the Board should prohibit for year-round family dwelling units, there just isn't enough space there. Southold Town Board of Appeals -9- March 31, 1977 FRED BRUCH: There's another point that disturbs me. Carole Road, the private road that provides access to people lower down, is owned by the individual property owners and not Mr. Ippolito. Right now, the road is a mess because of it being used by the motel. Prior to this, I really didn't know what rights I had as far as having a defined access. THE CHAIRMAN: That would be a civil matter for you to take up with the owner of the motel. That has nothing to do with this Board. GARY OLSEN, ESQ.: I don't think it has anything to do with the application. I did not represent Mr. Ippolito when he bought this property, but this is a situation that's existed for a long time. The granting of the variance is not going to change, basically the use or the density. THE CHAIRMAN: It isn't going to affect that one way or the other, either a plus or a minus. It may be Ghat while Mr. Ippolito didn't take care of the road, maybe the new owner will. FRED BRUCH: I'm not talking about the condition of the road, I'm talking about whether they should have access. Prior to this, the motel property being one piece, they had access by foot. Now if you subdivide, they have access over our private road which really is not part of the motel property. THE CHAIRMAN: How do you answer that? GARY OLSEN, ESQ.: As I .say, I did not represent him when he purchased the property but I would assume he has access over Carole Road. THE CHAIRMAN: Are these occupied during the summer, most of them? FRED BRUCH: Yes. GARY OLSEN, ESQ.: This is a ~itle question, I don't think it's a variance question. THE CHAIRMAN: And they come down Carole Road and drive in and you think they don't have a right to do that? FRED BRUCH: The way their property is divided ... THE CHAIRMAN: Don't you all have the right tQ use the road? FRED BRUCH: Yes, but we all own the total piece of the road on the east side. The defining line was the edge of the road on the motel side. Actually, the motel had no road. Now, they want Southold Town Board of Appeals -10- March 31, 1977 to use this as access and subdivide it into separate residential and/or maybe motel property. The previous owner used to keep all the cars up in the parking lot and there was no traffic other than the people who lived at the lower end. · THE CHAIRMAN: Well, maybe that's the way they'll have to continue it, I don~'t know. That's something we wouldn't be able to iron out here. FRED BRUCH: Well, will we have the privilege to look into this further before you close it? GARY OLSEN, ESQ.: I have a copy of his deed. Again, I did not represent him so I don't know the title questions but I have a copy of the deed which states, "the right to pass and repass over Carole Road and Old Cove Boulevard, 20' rights-of-way, where the same are adjacent to the above described premises." THE CHAIRMAN: Wasn't that deed from Ha'ss? GARY OLSEN, ESQ.: This was a deed from Thomas McHale. he the former owner? Was FRED BRUCH: Yes, before that it was Hass. GARY OLSEN, ESQ.: It was subject to rights of others to pass and repass over said rights-of-ways. FRED BRUCH:~ It's all right for property owners but as a motel I would think this would be a different situation. GARY OLSEN~ ESQ.: Apparently he has a deeded right. Again, this is a title question and not a variance question. FRED HRIBOK: What rights would they have in relationship the pond, water rights? THE CHAIRMAN: That's not one of our problems, I don't know. FRED BRUCH: enough to ... You're just ruling on whether it is large THE CHAIRMAN: We're just ruling on the division of the property. FRED BRUCH: This is allowable then as far as dividing an existing piece of property which doesn't fall under the present requirements as far as square footage? THE CHAIRMAN: It's a non-conforming use and everything in Hass'.development here is non-conforming, everything is too small here according to modern standards. It was too small when we Southold Town Board of Appeals -11- March 31, 1977 put the Ordinance in, we had some terrible arguments with Hass at the beginning. FRED BRUCH: That's why you're disapproving it at the present? THE CHAIRMAN: No, anyone who wants to do something which doesn't meet the standards of the now Zoning Ordinance has to come in here and make an appeal. Of course, we're ruled by precedent, custom and so forth of the courts and it would be regarded as an appropriation of the Constitutional rights of property if we denied the man the right to divide his property. Two, it's not going to change the density and it's not going to affect the safety, health and Welfare of the Town of Southoid. FRED BRUCH: Can I ask a question on the density? THE CHAIRMAN: Well, this is all too dense, your place is too dense. FRED BRUCH: Mr. Ippolito came and asked if I would give approval ... it was my understanding that this front section which is considered as 12 units, although they are very small, was to become some sort of a condominium-type operation where families would own each unit. THE CHAIRMAN: I don't think there's time enough, it takes a couple oflyears to run one of those off, a condominium under New York State law. Mr. Olsen can tell you. GARY OLSEN, ESQ.: We want to keep the motel usage. FRED BRUCH: It will be rented out, it will not be purchased~ GARY OLSEN, ESQ.: That's my understanding. Again, he has a purchaser for it and I would assume it would be under the non- conforming motel usage. Anything else that he wanted to do he would have to get approval of the Town and we're not asking for that, we're just asking for the division. (The chairman discussed a similar situation in East Marion.) THE CHAIRMAN: Anyone else have any questions? If not, I'll offer a resolution granting this application as applied for and agreeing with the reasoning of the applicant. The findings of the Board are that this will not change the character of the area, this division will not change the character of the area, and subject to a condition that the three buildings on these thre~ pieces of prop- erty may not be used for year-round family dwelling units. In fact, the use of these properties shall remain the same as has bee~.in the past for the accommodation of transients. There's nobody there in the winter, right? Sou%hold Town Board of Appeals -12- March 31, 1977 GARY OLSEN, ESQ.: No. THE CHAIRMAIq: One of the things we try to avoid in a situation llke this is somebody making year-round use of it. GARY OLSEN, ESQ.: What about making year-round use of either the motel ... I would assume that the only thing that prohibits the year-round use is the fact that they're not winterized, I don't know, but I would assume they're not winterized. You would have no objection to the motel units being used on a year-round basis provided that they're properly heated and winterized for that use. It would not increase the use at all. I think we'd want to prohibit i~ because of You take 18 families on ... what's the THE CHAIR/~AN: the density factor. acreage here? GAR~ OLSEN, ESQ.: Total acreage is roughly 51,000 sq. ft. What's the difference if you're letting them use it March through November if the units were winterized, I don't think the granting of this variance should prohibit a new owner or even the present owner from winterizing these units and saying, "OK, I want to have a year-round operation." That would be like what the Soundview Motel does. It's not increasing the density at all. THE CHAIRMAN: Yes, it is. The requirements as to sewage and~water would triple. FRED BRUCH: The cesspools are pretty antiquated. THE CHAIRMAN: You have cesspools there? BARBARA BRUCH: Yes, definitely. THE CHAI~N: You don't have sewage there? FRED BRUCH: No. THE CHAIRMAN: I think that ~lause should stay in here. FRED BRUCH: In fact, I think there is a problem in the motel. We've had the Environmental people down. THE CHAIRMAN: In-other words, we'll permit the division of the property but no change in its use. GARY OLSEN, ESQ.: How about using Parcels #2-and 3 for single family residential use? THE CHAI~N: Yes, I think if there was one family on Parcel #2 and one family on Parcel #3 it would probably be an improvement. Southold Town Board of Appeals -13- March 31, 1977 FRED BRUCH: It would be more people there because where you have two people in a unit you'll have families and visitors. THE CHAIRMAN: No, he's talking about converting them to one family use. BARBARA BRUCH: Where would they park? THE CHAIRMAN: guess. They'd have to park in the parking lot, I GARY OLSEN, ESQ.: On Parcel #3, there's plenty of parking. BARBARA BRUCH: No there isn't, because we own the road. There's room for two cars in front of it. GARY OLSEN, ESQ.: From what I can see looking at the there's plenty of room of Parcel ~3. BARBARA BRUCH: No there's not, it's adjacent to us. survey, FRED BRUCH: We will resist any parking or traffic, we'll take. you to court. THE CHAIRMAN: They have a right-of-way over the road, too. BARBARA BRUCH: No, I don't think so. THE CHAIRMAN:- Well, this is not our problem..- BARBARA BRUCH: Is it possible to ask for a postponement on the decision? We were never notified. THE CHAIRMAN: I don't think you're neighbors. FRED BRUCH: We are adjacent on two sides to Mr. Ippolito and these other people ar% too. We thought this was just the first hearing and it's been going on since August. THE CHAIRMAN: This is the first time I've seen it. FRED BRUCH: If I'd known he'd had counsel, I would have brought counsel myself. BARBARA BRUCH: Mr. Ippolito came to us in October with a marvelous, marvelous petition that he wanted all of us to sign. THE CHAIR/~AN: A petition? BARBARA BRUCH: Yes. And he told us all about the people he has p~nned to put in his 13 units in the front, or 12. He told us about the people, his clientele. We really would like to ask Southold Town Board of Appeals -14- March 31, 1977 for a postponement until we can look into it, seriously. We're very concerned, we've been there 12 years. FRED HRIBOK: I've been there 20 years. The place has been going downhill ever since Mr. Ippolito's been there. THE CHAIRMAN: On what grounds do you want this postponed? So you can determine the right-of-way? FRED BRUCH: Yes, %he access. You say the density won't be increased. They're very small motel units. This is a joke about 12 units up front, you could put three of them in this room. His plan is to have a family in each one of them and they'll have visitors and you'll have 150 people there instead' of 32. THE CHAIRMAN: Which is all the more be confined to seasonal use. But I don't him from selling it. reason why it should think you can prohibit BARBARA BRUCH: No, he has been trying to sell it as a motel unit. THE CHAIRMAN: Your objection is, basically, you think you have rights to the road'that he doesn't for Parcels #2 and 3. BARBARA BRUCH: The third parcel which is adjacent to us Which he plans to retain, at the~ momeht, in his own name gives access to Arshamomaque Pond, it%s the only water-access~-~ But that does not prevent the first unit, eventually, from buying that third unit and then they have'complete access to Arshamomaque Pond. THE CHAIRMAN: That's the way it is now. FRED BRUCH: But it's a motel and they don't have boats and so forth and now you'll have 16 people with boats. THE CHAIR/~AN: What you're saying then is that these people are going to come down there for 'six months at a shot or three months or something like that, is that your understanding? FRED BRUCH: My Understanding was that, like I said, a condominium-type operation where somebody was going to take it over in the name of a group of people~who would each have a unit, and we're concerned about the access. Right now, we don't think that the facilities will sustain any additional people, but that's neither here nor there because that would have to-be corrected. Then each one of these families would have access, to the pond and so forth and you would have many more people then you have there now with it as a motel. I can't understand how you can say it can be separated as a motel and still be residential, I should think it would have to be one or the other. Southold Town Board of Appeals -15- March 31, 1977 CHARLES GRIGONIS, JR.: That's why he says it's continuing a non-conforming use now. If you leave it that "A" zone, then it opens it up to him more. FRED BRUCH: Because we would be willing to negotiate with him if he's offering i% for residential but he said he wants to keep it residential but still business. You can't have your cake and eat it too. BARBARA BRUCH: We're willing to make some type of compromise. FRED BRUCH: We would like that triangular piece of property to increase our Own property and privacy there and he has never given us the opportunity to approach him because we don't really know what his plan is. BARBARA BRUCH: The Conservation man has been down. You see, I stay there all summer long, we live in Hamptoh Bays, and if you've got a couple that is more environmentally aware of what can happen in an area, the Conservation man is down there every day and he's checked things. THE CHAIRMAN: Well, I think the Board is perfectly willing to postpone the decision, but I think it's only fair to warn you that, as far as the division of the property is concerned, we'll be willing to go ahead. But we can postpone the decision. On motion-by Mr. Gillispie, seconded by Mr. ~Doyen, it was .-- RESOLVED that the Southold To%~ Board of Appeals POSTPONE DECISION upon application of Nicholas W. Ippolito; Appeal #2254, until April 21, 1977, at 7:30 P.M. (E.S.T.). Vote of the Board: Ayes: ~ Messrs: Gillispie, Grigonis, Doyen. PUBLIC HEARING:. Appeal No. 2255 - 8:35 P.M. (E.S.T.) upon application of Leander B. Glover, Jr., Cox Lane, Cutchogue, New York (Richard Lark Esq.) for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide property with insufficient width. Location of property: east side Cox Lane, Cutchogue, New York, bounded on the north by now or formerly Pirrone; east by other land of applicant; south by ot~er land of applican't;, west by Cox Lane. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to i~s. publication in the official newspapers, and notice to the applicant. The Chairman also read statement from the Town Clerk that notification by certified mail had been made Vincent A. Pirrone; No~le Funn; James Homan; Karl Lanzer; SOUTHOLD, L. I., N.Y. Tel~p~o.e '/6S-~660 APPEAL BOARD MEMBERS Robert W. Gillispie, Jr., Chairman Robert Bergen Charles ~rigonls, Jr. Serge Doyen, Fred Hulsz, Jr. MINUTES Southold Town Board of Appeals May 12, 1977 A regular meeting of the Southold Town Board of Appeals was held at 7:30 P.M. (E.D.S.T.), Thursday, May 12, 1977, at the Town office, Main Road, Southold, New York. There were present: Chairman; Robert Bergen; Serge Doyen, Jr. Messrs: Robert W. Gillispie, Jr., Fred Hulse, Jr.; Charles Grigonis, Jr.; Also present: Steve Katz, Long Island Traveler-Mattltuck Watchman. 7:30 P.M. (E.D.S.T.) Decision on Appeal No. 2254, Nicholas" .W. Ippolito, 39 Gehring Street, Commack, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30; Article V, Section 100-50, and Bulk Schedule for per- mission to divide property with existing buildings. Location of property: South side North Road (CR27), Southold, New York, bounded on the north by CR27; east by Hass and Carole Road (Pvt. Rd.); south by Mill Cree~; west by now or formerly Dover Navigation Corp. THE CHAIRMAN: This appeal of Nicholas W. Ippolito for a variance to divide property with existing buildings, south side CR27 in Southold, was postponed until tonight. At fige o'clock this afternoon, the attorney for Mr. Ippolito asked.that the application be withdrawn. The application is withdrawn without prejudice to further applications. I'm stating this for the .. record. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that the Southold Town Board of Appeals approve minutes dated April 21, 1977. Vote of the Board: Ayes: Messrs: Gillispie, Bergen, Hulse, GrigOnis, Doyen. SOUTHOLD, L. I., N. Y. APPEAL BOARD MEMBERS Robert 'klV. Gillispie~ Jr... Ch~lirmsn Rober~ Bergen Charles Gr~gonis, Jr. $¢rg¢ Doyen, Fred Hulse~ Jr. 11971 MINUTES Southold Town Board of Appeals April 21, 1977 Telephone 765-9660 A regular'meeting of the Southold Town Board of Appeals was held at 7:30 P.M. (E.S.T.), Thursday, April 21, 1977, at the Town office, Main Road, Southold, New York. There were present: Messrs: Robert W. Gillispie, Jr., Chairman; Robert Bergen; Fred Hulse, Jr.; Charles Grigonis, Jr. Also present: Steve Katz, Long Island Traveler-Mattituck Watchman; Sam Campbell, Suffolk Weekly Times. 7:30 P.M. (E.S.T.) - Decision on Appeal No. 2254, Nicholas. ~..Ippolito~ 39 Gehring Street, Commack, New York for.a variance in accordance with the Zoning Ordinance, Article III, Section 100-30;'Article V, Section 100-50, and Bulk Schedule for per- mission to divide property with existing buildings. Location of property: South side North Road (CR27), Southold, New York, bounded on the north by CR27; east by Hass and Carole Road (Pvt. Rd.); south by Mill Creek; west by now or formerly Dover Navigation Corp. THE CHAIRMAN: have received one Stewart? In the interim since the last hearings, we letter from a person who I guess is one of the FREDERICK TEDESCHI, ESQ.: Yes~ he's one of the owners the property adjacent to the one involved. THE CHAIRMAN: He says that he has been transferred to Indianapolis and can't make the hearing. of (The Chairman read excerpts from the April 15, 1977, letter to the Board from Edwin W. and Marie E~ Stewart.). I don't know what this man understood was going to happen, but that is certainly not one of the possibilities. (The chairman continued reading the letter.) Southold Town Board of Appeals -2- April 21, 1977 We have received since our first hearing on this on March 31 a letter from the Planning Commission, Suffolk County Planning Commission indicating that they consider this is a decision, a "matter for local determination. A decision of local determination should not be construed as either an approval or disapproval." I'm going to suggest that a decision be made along the following lines. FREDERICK TEDESCHI, ESQ.:. Mr. Chairman? I'd like to be heard in opposition. THE CHAIRMAN: You can, although this is not a continuation of the hearing, this is a postponed decision, but I'll be glad to hear from you. ~ FREDERICK TEDESCHI, ESQ.: I know that. The reason I make my request is because I represent five adjoining property o~ners, Mr. and Mrs. Bruch, Mr. and Mrs. Smulcheski, Mr. and Mrs. Hribok, Mr. Manfred Kuerner, and Mr. Edwin Stewart and his wife. The reason I'm appearing, primarily, is because I don't think this Board has jurisdiction over this matter. I call your attention to Section 100-125 A of the Zoning Code of the Town of Southold. That states, in essence, in all cases where the Board of Appeals is required to hold a public hearing, in addition to the notice of such hearing required by law, a written notice containing the following information shall be sent to every owner of property adjoining the applicant's property. Now, I have five clients here who own property that abutts onto the applicant's prQperty. Not one of them has received a written notice as required in our Zoning.Ordinance. None of them have executed varified waivers. There's no proof in the record other than a notice to a Nassau Steamship Agency, Inc. at Garden City, New York, and another notice to one Helmut Hass at Peconic, New York. Now, the Town Law, State of New York, Section 267, Subdivision 5, says, "A Zoning Board of Appeals may act pursuant to its original jurisdiction only after notice and herring" and notice is-such as mandated in our Zoning Code. THE CHAIRMAN: Wha~ was that section again, Town Law 267 ... FREDERICK TEDESCHI, ESQ.: Town Law 267, Subdivision 5. The Court of Appeals has spoken on this question. The case of Buffalo Cremation Code vs. March, 249 New York 531, and they hold, in effect, the statutory notice and hearing requirements are man- datory, no option. The Town Enabling Act, that's 267 - 5, provides that notice be mailed to the parties and notice be published in the official newspaper, as you well know. There are some cases which hold that failure to notify an owner of land which adjoins is not a fatal defect, but it's clear that where a local ordinance requires such notice, the defect then is fatal. This is our situation. THE CHAIRMAN: Lets see, we've postponed this three weeks, we can postpone the decision another three weeks and I'll call, Southold Town Board of Appeals -3- April 21, 1977 in order to avoid getting into a lawsuit about this, if possible, I'll call to the attention of the Town Attorney your remarks. I would also ask you to look at the last section of our Zoning ordi- nance which refers to, "failure to comply with the provisions of this section shall not affect the validity of any action taken by the Board of Appeals." FREDERICK TEDESCHI, ESQ.: I'm familiar with that. THE CHAIRMAN: This notification process was under consideration before we passed this law. It was my opinion, and most of the others who were interested in it, that unless we had this ~xception, in other words, if somebody made a mistake, and I presume that this is a mistake on the part of the Town Clerk, that it would not affect the validity of our actions here. FREDERICK TEDESCHI, ESQ.: Provided ~here are no objections. THE CHAIRMAN: Because ... you're referring to something else that I don't know about. However, what we'll do is to take this up with, and perhaps you can call Tasker and explain your position, I'll explain it, and we'll postpone it until another meeting. Just for, as a lot of these people are interested here, what I was going to suggest was that this property be permitted to be divided and that a condition be placed on our action that no one of the divided properties can be converted to any other use with- out prior approval of the Board of Appeals. And that the' parking lot on the east side of Carrol Avenue continue as the parking lot for the three parcels. That's debatable, whether that should con- tinue as a parking lot for all three parcels, I think there's plenty of room on the other two parcels to provide their own parking. FREDERICK TEDESCHI, ESQ.: We take issue with that. There is not plenty of room there. THE CHAIRMAN: Do you agree or disagree with the motel owner that the motel people have the right to use carrol Avenue? FREDERICK TEDESCHI: I didn't hear you. THE CHAIRMAN: Do you agree or disagree With ~the right of the motel people to use Carrol Avenue? FREDERICK TEDESCHI: Yes, I do. They can only use Carrol Avenue down to this point which is the last building on Parcel #3. Carrol Road there, if I may approach the Board, they can only use 50' of it. From here south is private property belonging to my clients. We can fence that off if we so desired. THE CHAIRMAN: Does that show in the title? Southold Town Board of Appeals -4- April 21, 1977 FREDERICK TEDESCHI, ESQ.: It does, I researched this. That's in our deeds, so %hat actually, Parcel #3 in no way meets the requirements. Most of this is wetlands anyway, I don't know where they'd put their cesspools, where they'd put their parking. ROBERT BERGEN: Where is the parking area now? THE CHAIRMAN: Here. (On map.) FREDERICK TEDESCHI, ESQ.: If I may call the Board's attention, this is 12 units and they're reducing it to 24,000 sq. ft., that's 2,000 sq. ft. a unit. You've got to have a minimum of 12 parking spaces and if they're going to operate it as a mote~,, the employees have to have a space also. This is going to create extremely high density. THE CHAIRMAN: It's already there. FREDERICK TEDESCHI, ESQ.: But it's there on.51,000 sq. ft., it's not there on 24,000. You're creating density on 24,000 sq. ft., and similarly with the other two, you're going to create four units on 11,000 sq. ft. which is an average of 2,750 sq. ft. My clients have an average of 4,500 sq. ft. for one unit. You're going to give four units on 11,000. I submit that's high density and that's poor zoning. THE CHAIRMAN: I'd like to point out to you, Mr. Tedeschi, that this was over the dead bodies of the people who were~interested in the. Zoning in the Town of Southold what Haas did to that whole area. FREDERICK TEDESCHI, ESQ.: I understand that. THE CHAIRPLAN: This is not our fault or the Planning Board's fault or the Town Board's fault. FREDERICK TEDESCHI, ESQ.: I'm asking you not to compound what was done. THE CHAIRMAN: I'm not sure that it would, but I'll make a motion to postpone the decision on this another three weeks in an effort to arrive at a decision which is just and equitable, and in order to give Mr. Tedeschi a chance to confer with Town Counsel. I'll be glad to be there. FREDERICK TEDESCHI, ESQ.: I'd like to ask the Chairman, on what basis are you considering this subdivision, it's really a minor subdivision into three parcels. Where is the hardship? THE CHAIRMAN: This is a division of an existing situation. The hardship that was explained to us ~s that the owner of the property would be unable, perhaps, to sell the smaller units in back of the main motel. That's his argument, tn general, we Southold Town Board of Appeals -5- April 21, 1977 agree, we have several of those tonight, in general we agree with dividing the property where there will be no change in the density and where the building's exist. FREDERICK TEDESCHI, ESQ.: That's a self-imposed hardship, he bought it this way. When he bought this property, he knew what he had. THE CHAIRMAN: That's debatable. We've always considered it here to be a hardship to the person trying to sell it. FREDERICK TEDESCHI, ESQ.: Those are not legal grounds for granting a variance. THE CHAIRMAN: We have been supported in that before. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that the Southold Town Board of Appeals RESERVE DECISION on Appeal No. 2254, Nicholas W. Ippolito, until May 12, 1977, at 7:30 P.M. (E.D.S.T.). Vote of the Board:. Ayes: - Messrs: Grigonis. (After the hearing was closed, Mr. Tedeschi presented a petition with 51 signatures against the variance to.the Chairman.) Gillispie, Bergen, Hulse, PUBLIC HEARING: Appeal No. 2250 - 7:50 P.M. (E.S.T.) resumed hearing upon application of Agway Petroleum Corp, P.O.. Box 705, Pulaski Street, Riverhead, New York for a special ex- ception in accordance with the Zoning ordinance, Article VII, Section 100-70 B (4) for permission to operate a self-service gasoline station. Location of property: west side Youngs Ave- nue, Southold, New York, bounded on the north by G. Miner and George Ahlers & others; east by Youngs Avenue; south by Goldsmith and Tuthil! and Long Island Railroad; west by George Ahlers & others. THE CHAIRMAN: This is an adjourned hearing on Agway Petroleum Corporation, Application %2250, which was heard on March 10th and which was postponed for six weeks in order to get all the information that we could on this subject. In the interim, we have received minutes and other communications from several town clerks, Suffolk County, Nassau County, and I asked the secretary to summarize as well as she could the arg~unents for and against self-service gas stations. I'll read first her sun%mary of the statements in favor of self-service gas stations. "A national standard for the safe operation of self-service retail sale of gasoline has been adopted by the National Fire COUNTY OF SUFFOLK DEPARTMENT OF PLANNING (516) 360-5513 LEE: E:. KOPlaE:L. MAN DIRECTOR OF PLANNING July 15, 1983 Town of Southold Board of Appeals Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following applications which have been referred to the Suffolk County Planning. Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant Municipal File Number Ernest E. Wilsberg Jerome E. & M. Dorothy Bloom Robert W. Gillispie, Jr. Madeline J. Heinisch Peter S. Terranova Anthony & Carmela Prisco Alice G. Levien Peter D. Pizzarelli Marguerite R. Wasson Alice G. Levien Mary Sayegh William Keinath Thomas & Jacqueline Occhiogrosso Michael & Annette Collins Andrew Pafitis Nicholas W. Ippolito Allen Ovsianik Theodore & Mel Metalios George & Natalie Weiser Harold P. Schwerdt J. Royal & Virginia Gifford Patnick Realty Corp. Ann Wyden & Peggy Heller John F. & Mary McFeely 2811 2977 2978 2979 2983 2984 2985 2986 3015 3020 3021 3023 3031 3038 3042 3044 3048 3059 3071 3076 3083 3084 3089 3102 Very truly yours, GGN:jk Lee E. Koppelman Director of Planning f Gerald G. Newman Chief Planner Southold Town Board of Appeals MAIN ROAD-STATE ROAD 25 SOUTHOLD, L.I., N.Y. 1197] TELEPHONE (516) 765-1809 Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: xx Variance from the Zoning Code, Article III , Section I00-3I Variance from Determination of Southold Town Building Inspector ~ Special Exception, Article , Section Special Permit Appeal No.: 3044 Applicant: NICHOLAS W. IPPOLITO Location of Affected Land: 235 C~rol Ro~d, Southold County Tax Map Item No.: 1000-52-2-7 Within 500 feet of: -- Town or Village Boundary Line __ Body of Water (Bay, Sound or Estuary) xx State or County Road, Parkway, Highway, Thruway __ Boundary of Existing or Proposed County, State or Federally- Owned Land Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area __ Existing or Proposed Right-of-Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Estab- lished Channel Lines, or Within One Mile of a Nuclear Power Plant __Within One Mile of An Airport. COMMENTS: Applicant ~t~permission to construct addition with reduced re~ry~rd setback. Copies of Town file and related documents enclosed herewith for your review. Temp. Secret~ry, Board of Appeals Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR, S. E. Q. R.A. September SERGE DOYEN, ,JR ROBERT 3. DOUGLASS NEGATIVE DECLARATION ,JOSEPHH. SAWICKI Notice of Determination of Non-Significance 30, 1982 APPEAL NO.: 3044 PROJECT NAME: Variance Application of Nicholas W. Ippolito This notice is issued pursuant to Part 617 (and Local Law #44-4) of the implementing regulations pertaining to Article, 8 of the State Environmental Quality Review Act of the Environmental Conservation Law. This board determines the Within project not to have a significant adverse effect on the environment. Also, please take notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [X] Type II [ DESCRIPTION OF ACTION: To construct rearyard setback. Unlisted [ ] addition with reduced LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: 235 Carol Road, Southold, NY; County Tax Map Parcel No. 1000-52-2-7. REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the Short Form has been sub- mitted which indicates that no significant adverse effects to the environment are likely to occur should this project be implemented as planned. (2) Correspondence dated July 20, 1982 from the N.Y.S. ment of Environmental Conservation indicates that no permit for this project,t ~ Depart- is required FOR FURTHER INFORMATION, P~ASE CONTACT: Mrs. Linda F. Kowalski, Secretary, Southold Town Board o~ Appeals, Main Road, Southold, New York 11971. Telephone: (516) 76.~1809. Copies of this notice sent t~the applicant(s) or agent(s) and other involved agencies [if any] and posted on the Town Clerk Bulletin Board. APPEALS BOARD MEMBFRS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS. JR SERGE DOYEN, JR ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN RC3AD- ~BTATE ROAD ~S SOUTITiOLD, L.I.,'N.Y. 119'71 TELEPHONE (516) 765-t809 November 12, 1982 Gary Flanner Olsen, Esq. Main Road, Box 38 Mattituck, NY 11952 Re: Appeal No. 3044 - Nicholas W. Ippolito Dear Sir or Madam: Attached herewith is a copy of the formal findings and deter- mination recently rendered and filed this date with the Office of the Town Clerk concerning your application. In the event your application has been approved, please be sure to return to the Building Department for approval of any new construc- tion in writing, or for other documents as may be applicable. If you have any questions, please do not hesitate to call either our office (765-1809) or that of the building inspector (765-1802). Yours very truly, Enclosure Copy of Decision to Building Department GERARD P. GOEHRINGER ~A L~RMAN / . inda F[)Kowalski Secretary E~1%T I FOOTING /,,/IC,U. /PPOLITO : '"" ---'-'"'- NE~ ~ORK ~ OEPARTMF_NT OF E;4V. IRO)4~E,~,~rTA~O.~t.gERVATIO~I Bldg. 40, SUNY--Roo~ Stony Brook, HY ~794 (516) 751-1900 LEGAL NOTICE 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 Thursday, October 21, Legal Notices 1982 commencing at 7:30 p.m. and as follows: 7:30 p.m. Application for MARTIN AND ALMA SUTER by Garrett A. Strang, Box 1412, Southold, NY for a Variance for approval of access pursuant to New York Town Law, Section 260-a. Location: Right-of-way off the south side of New Suffolk Avenue, Mattituck; bounded north, east and west by H. Alvin Smith & Co. and south hy the Bay; County Tax Map Parcel No. 1000-115-17-16. 7:35 p.m. Application for ALEXANDER GASTON by Rudolph H. Bruer, Esq., Main Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to con- struct accessory storage shed in the sideyard area. Loca- tion: Minor Subdivision of Sturges, Map No. 144, Subd. Lots 1 and 2; Private Road, Fishers Island, NY; County Tax Map Parcel No. 10~0-10-6- 13.1 and 14.1. 7:40 p.m. Application of RALPH L. AND JANE M. ARMBRUST, 340 Manor Hill Lane, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-30 for permission to construct additional stable(s) and to add additional horses on this four-acre parcel. Location: 340 Manor Hill COUNTY OF SUFFOLK, STATE OF NEW YORK, Lane, Cutchogue; bounded northwest by Schwarz; west by Cross Right-of-way; south by Sheehan; northeast by Cross; more particularly known as County Tax Map Parcel No. 1000-108-3-13.11. 7:45 p.m. Application for MICHAEL AND ANNETTE COLLINS by Willliam J. Jacobs, Builder, Depot Lane, Cutchogue, NY for a Variance to the Zoning Ordinance, Bulk Schedule, Article III, Section 100-31 for permission to construct deck addition to dwelling reducing the rearyar~l setback. Location: 515 Orchard Street, New Suffolk, NY; bounded north by Urbanowski; west by Cusumano; south by Orchard Street; east by Tuthill; County Tax Map Parcel No. 1000-117- 5-33. 7:50 p.m. Application of JOSEPH D. BURRUANO, 39 Salem Road, Rockville Centre, NY 11570 for a Variance for approval of access pursuant to New York Town Law, Section 280-a. Location: Ford's Road (Private Road No. 9), Soutbold, NY; subject parcel bounded on the north, east and south by Lavinia; southwest by Wittmer; west by Krupski, Comm. of Welfare, and Crane; County Tax Map Parcel No. 1000-87-1-13~ 7:55 p.m. Application for ANDREW PAFITIS 0y Inland Homes, Inc. as agent, 315 Westphalia Road, Mattituck, NY for a Variance to the Zoning Ordinance, Bulk Schedule, Article III, Section 100-31 for permission to construct one-family dwelling with an insufficient rearyard setback at 1800 Gillette Drive East, East Marion, NY; bounded north by Manor Grove Corp.; west by J & M Reuter; south by Ruggiero; east by Gillette Drive East; County Tax Map Parcel No. 1000-38-3-22. 8:00 p.m. Application for GUS KYRKOSTAS by William B. Smith as agent, Mechanic Street, Southold, NY for a Variance for approval of access pursuant to New York Town Law, Section 280-a, Location Right-of-Way off the north side of Main Road, Orient, NY; subject parcel being bounded on the north by the Bay; west by Wilsberg; south by Reese; east by Demarest; County Tax Map Parcel No. 1000-! 3-~-a - i~ ~:oa p.m. Applicat:.on for NICHOLAS W. IPPOLITO by Gary Flanner Olsen, Esq., Main Road, Mattituck NY for Variance t'o the Zoning rdinance, Bulk Schedule, rticle III, Section 100-31 for rmission to construct dition with reduced ryard setback at 235 Carol d~outhold, NY; bounded~ rthby Stachtiaris; west by/' P Inns; south by Hass; east~ Arshamomaque Pond; ~ unty Tax Map Parcel No.~ 8:10 p.m. Application of BRIGITTE GIBBONS, 3475 Ole Jule Lane, Mattituck, NY for a Variance to the Zoning Ordinance, Bulk Schedule, Article III, Section 100-31 for addition to dwelling with an insufficient sideyard area at 3475 Ole Jdie Lane, Mattituck, NY; bounded north by Schiller; west by Battersby; south Ole Jule Lane; east by Wilsberg; County Tax Map Parcel No. 1000-122-5-20. 8:15 p.m. Application for NORTH FORK BANK & TRUST COMPANY by Wick- ham, Wickham & Bressler, P.C., Main Road, Mattituck, NY for a Variance to the Zoning Ordinance, Bulk Schedule, Article VII, Section 100-71 for permission to construct drive-in banking facility with canopy extending into the frontyard area at the Mattituck Shopping Center, North Side of Route 25, Mattituck, NY; bounded north by Bethany Cemetery Assec; west by Factory Avenue; south by Ardprop Inc. and Main Road; east by New Bethany Cemetery; County Tax Map Parcel No. 1000-142- 1-26. 8:25 p.m. Application for MR. AND MRS. DONAI,D SHAW by Environment East Inc., 3075 Indian Neck Lane, Peconic, NY for a Variance for approval of access, New York Town Law, Section 280-a. Location: Rights-of-Way located off the east side of Jackson's Landing Road (referred to as Miller's, Young's and Wick's Rights-of- Way), Mattituck, NY; subject parcel known as 1080 Private Road //15 [Wick's Road]; bounded on the north by Manos; east by Manoa, R-O- W, and Roundtree; south by Howard's Branch of Mattituck Creek; east by Schipani, Davis and McCarthy; and Rohren; County Tax Map Parcel No. 1000q13-6-15. Any persons desiring to be heard on ,*ny of the above applications should appear at the time and place indicated. Dated: October 9, 1982. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda F. Kowalski, Secretary 1TO14-4075 NOTICE IS HEREBY GIV- EN, pursuant to Section 267 of the Town Law and the Provi- sions of the Amended Code of the Town of Southold, A Regular Meeting and the following public hearings will be held by the Southold Town Board of Appeals at the Town Hall, Main Road, Southold, N.Y. on Thursday, October 21, 1982 commencing at 7:30 p.m. and as follows: 7:30 p.m. Application for MARTIN AND ALMA SUTER by Garrett A. Strang, Box 1412, Southold, N.Y. for a Variance for approval of access pursuant to New York Town Law. Section 280-a. Location: Right-of-way offthe south side of New Suffolk Avenue, Matti- tuck; bounded north, east and west by H. Alvin Smith & Co. and south by the Bay; County Tax Map Parcel No. 1000-115- !7-18. 7:35 p.m. Application for ALEXANDER GASTON by Rudolph H. Bruer, Esq., Main Road, Southold, N.Y. for a Variance to the Zoning Ordin- ance, Article II1, Section 100- 32 for permission to construct accessory storage shed in the sideyard area. Location: Minor Subdivision of Sturges, Map No. 144, Subd. Lots I and 2; Private Road, Fishers Island. County Tax Map Parcel No. 1000-87-1-13. 7:55 p.m. Application for ANDREW PAFITIS by Inland Homes, Inc. as agent, 315 Westphalia Road, Mattituck, N.Y. for a Variance to the Zoning Ordinance, B u I k Schedule, Article III, Section 100-31 for permission to con-- struct one-family dwelling with an insufficient rearyard setback at 1800 Gillette Drive East, East Marion, N.Y.; bounded north by Manor Grove Corp,; west by J&M Reuter; south by Ruggiero; east bv Gillette ~)rive East; County Tax Map Parcel No. 1000-38-3-22. 8:00 p.m. Application for GUS KYRKOSTAS by William B. Smith as agent, Mechanic Street, Southold, N.Y. for a Variance for approval of access pursuant to New York Town Law, Section 280-a. Locatinn Right-of-Way off the north side of Main Road, Orient, N.Y.; subject parcel being bounded on the north by the Bay; west by Wilsberg; south by Reese; east by Demarest; County Tax Map Parcel No. ,~.1000-13-2-4, · 7:05 p.m. Application for- ~ NICHOLAS W. IPPOLITO by Gary Flanner Olsen, Esq.. Main Road, Mattituck, N.Y. for a Variance to the Zoning Ordinance. Bulk Schedule, Ar- ticle 111, Section 100-31 for > COUNTY OF SUFFOLK ss: STATE CF NEC/ YORK Patricio VVood, being duly sworn, says that she is the Edilor, of THE LONG ISLAND TRAVELER-WATCHMAN, ~ p~,blic newspaper printed at Southold, in Suffolk County; and thet the notice of which the annexed is a printed copy, ',:~s been published in said Long Island Traveler-Watch- / k~ Ig',D;q once each week for ........................................ wee _ ~uccessively, commencing on the /57 ~ ...... Sworn to before me this ................................ day of ...... ~.~.,.. .................. , 19....~..~.~. NotarC'Public ~ permission to construct addi- tion with reduced rearyardl setback at 23S Carol Road, $outhold, N.Y.; bounded north by Stachtiaris; west by VIP Inns; south by Haas; east by Arshamomaque Pood; Countyt~,~ Tax Map Parce No. 1000-S2-[ '.~- 7. ~ I BRIGITTE GIBBONS Ole Ju,e Lane, Matmuck, N.Y. ,1 . , 3475 Copies of Legal Notice for 10/21/82 to the following on or about 10/13/82: Mr. and Mrs. Martin Suter Mr. Garrett A. Strang as agent Rudolph It. Bruer, Esq. for Alexander Gaston Mr. and Mrs. Ralph L. Armbrust Mr. William J. Jacobs, Builder for Michael and Annette Collins Joseph D. Burrano, Esq. Mr. Robert Hiltz, Pres., Inland Homes, Inc., for Andrew Pafitis Mr. William B. Smith as agent for Gus Kyrkostas Gary Flanner Olsen, Esq. as attorney for N. Ippolito Mrs. Brigitte Gibbons Wickham, Wickham & Bressler for NFBTC Mr. Garrett A. Strang for NFBTC Mr. Peter Stoutenburgh as contractor for Mr. and Mrs. Donald Shaw Mr. and Mrs. Charles Ward Suffolk Times, Inc. L.I. Traveler-Watchman, Inc. Town Clerk Bulletin Board Supervisor and Town Board members ZBA Members Individual ZBA files OFFICE OF THE TOWN CLERK TOWN OF $OUTHOLD September 30, 1982 Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 IFLFPtlONE (5161 765 1801 To Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3044 application Ippolito for a variance. Also included is notification to owners; Short Environmental Assessment Form; Letter relative to N.Y.S. Wetlands Land-Use; Notice of Disapproval. from the Building Department; Judith T. Terry JTT/bn Southold Town Clerk Enclosure of Nicholas W. adjacent property Tidal and GARY FLANNER OLSEN COUNSELLOR AT LAW September 29, 1982 Re: Nicholas W, Ippolito - Variance Gentlemen: Enclosed please find an application for a rear yard~arianie, along with my attornefs check in the sum of $15,00. Very truly y0u~s? / GFO/emj Enclosure Southold Town Zoning Board of Appeals Main Road Southold, NY 11971 ~,~IVED SEP b ~ l~SE TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) ...~.l~l~.~..~/~.t...I_P.]~!~.~? ..................... of Carol Hoad, Name of Appellant Street and Number Soutbold ............................................................................................... .~.~.~..~P.~.~ ...... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF: THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO .................................... DATED ..................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) Name of Applicant for permit of Carol Road Southold New York Street c~nd Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY (X) VARIANCE 1. LOCATION OF THE PROPERTY ............ ~'~!.~.o...a..d, .................. .S..o..,u.,t..~.~?-.d,.L,.~.~.~...~.~.~ ....... Street Use District on Zoning Map ... Sec ,....0.5 2 ........ t~lk....0.2.._ .Lat..0 0.7. ................ Mop No Lot No. 2 FROVtSION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- secho~ and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance) Art. III Sec 100-31. Bulk Schedule 3 TYPE OF APPEAL Appeal is made herewith for iZx~} A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due tq lack of access (State of New York Town Law Chap. 62 Cons. Laws Art ]6 Sec. 280A Subsection 3 4 PREVIOUS APPEAL A previous appeal ~:(has not) been made with respect to this decision of the Building Inspector or with respect to this property. S~c¼ cGpe~l 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 A Variance to the Zoning Ordinance ,s requested for the reason that the applicant seeks to construct an addition to the rear of an existing house, as shown on the annexed survey, which rear yard would be reduced to an insufficient set-hack, Foden Z~! (Continue on other side) REASON FOR APPEAL Continued i STR!CT APPLICATION OF THE ORDINANCE wou~d produce practical difficulties or unneces- scr¥ HARDSHIP because there is presently existing on the subject premises a house which was built as a summer cottage. Applicant seeks to add an addition to the rear of the existing building, which reduces the rear yard to an insufficient set-back, thus necessitating a .yard variance. ? TI-e hardship crected is UNIQUE and is not shared by oll Droperties alike in the immediate ,,~¢r-n. cf this property and in this use district because applicant seeks to aaa an addition to the rear of his existing house. Due to the relatively small lot area, a variance is required for the rear yard. 3 Tim '~:~mance wnu[d observe the spirit of the Ordinance and WOULD NOT CHANGE THE ~ii !.:~,,~'(TER OF THE DISTRICT because the general appearance of the neighborhood would remain the same and the remaining rear yard would be more than adequate and the proposed house, since it would be larger, would improve the overall values of the neighborhood. EF/TE OF i,,E~, 'YORK ) ) COUNTY OF ss Nicholas W. I~ / · !3y: . .... ; ................................... Gar~Fl~nner (~sen, Esq. ~*r'rn t- this ........ 29.th ............................. day of September., ............................ 1982 / Notar~ Public ~ MECISLAU$ WINI~ N6~B~ Public St~ of New ~ No. 52-9703725 Suffolk ~oun~ Corem ~xpir~i ~lrr:h 30, 19~ BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of : NICHOLAS W. IPPOLITO : to the Board of Appeals of the Town of Southold : TO: Helmut Hass Mr. & Mrs. Archilles Stachtiarias VIP INNS Ltd. NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to requestS(Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: North by Stachtiarias: East by gshmarrnoque Pond: South by Hass: West by VIP Inns'Ltd., 3. That the property which is the subject of such Petition is located in the following zoning district: AGRICULTURAL - RESIDENTIAL 4. That by such Petition, the undersigned will request the following relief: An addition to the rear of existing building, necessitating rear .yard Variance 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are lkrticle ¥1T . Section 100-31 Bulk Schedule 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road. Southold, New York and you may then and there examine the same during regular office hours. (516) 795-1809. 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 limes and in the Long Island Traveler-Mattituck Watchman, newspapers published in the lown 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. Nicholas W. Ippalito Dated: September~.~, 1982 By: Gary Flanner Olsen. Esq. Petitioner Post Office Address P. O, Box 38 Main Road Mattituck, New York 11952 NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS Mr. & Mrs. Archilles Stachtiarias Helmut Hass VIP Inns Ltd. 159 New Hyde l~ark Road, Garden City. NY 11530 North Road, Peconic. NY 11958 c/o Southold Beach Motel North Road Southold, New York 119 71 STATE OF NEW YORK ) COUNTY OF SUFFOLK) Eleanor Jones , residing at Ma ttituck. New York; , being duly sworn, deposes and says that on the ~ day of September, ,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 set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the lown of Southold; that said Notices were mailed at the United States Post Of- fice at Mattituck, New York ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to before day of Septg~Aber, r~ary rublic (~ARY FLANNf~R OLSEiq ~qc~c~ry Public, State of New Yo~ No, 52- 2959600 Qualified in Suffolk County Eleanor Jones September 29, 1982 (Today's Date) To: Re: Southold Town Board of Appeals Main Road Southold, NY 11971 Appeal Application of Location of Property: Nicholas %V. Ippolito Carol Road, Southold, New York 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 wetiands; hc~ever, constructed along the water-lying edge of this property is a bulkhead in very good condition and at least 100 feet in length.* [ ] 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. { ] 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/~idal wetlands to the best of ~y knowledge~ [Starred items (*) indicat~ your p~operty does fall within the jurisdiction/ of 7~/.Y.S.D.E.C.] S inc er~ l~-~ou[,~.~ (S~gn~e~Pl~a~e) ~'? SiiORT EHVLROHLiEiqTAL ASSESSHEHI hui(~4 ii' ;, ? s?u'cT o Is: (o) Ill order to answer the questions in this short EAF it is'assumed that the preparer will use currently ov~-iloble information concerning the project and the l&kely impacts of the action. ~I~ is not expected that additional studies, research or other investigations v;ill be undertaken. (b) If any question has been answered Yes the project may be significant and a completed Environmental Assessment Form is necessary. (c) IF all questions have been answered No it is likely that this is no~ s~gni£~cant.''" ' physical change project (d) Environmental Assessment Z. ~','±ZZ project resu %l-{--in a large ia the project site 6r physically alter more than 10 acres of land? ........................ 2.YJilt there'be o major change to any unique or -unusual land form found on the site? .......... 3. ¥Jill project alter or hove o large' e~fect'on existing body of water? 4. ¥;ill project have o potentially large impact , .. on groundvrater quality? ........................ Yes /' No e~fec.t droznaDe 5. Will project significantly " ' ' ' '- £1o¥, on aqjacen~ sites?..- ........ , ........ L'.~L~ Yes..~/Nq 6. Will pro3ect affect any threatened or endangered plant or animal species9 ........... _ Yes 7. Will pro3ec~ result in o major adverse eff~e~ ''. air quoli~y? ~- ' Yes i/ No 8. ¥/ill project have a major effect on visual character of ~he community or scenic views or. vistas known to:be important to the community?. 'Yes /No ?. Will project adverse!>, impact any site or .. structure of historic, prehistoric or paleontological importance or any site designated os o critico! envlronmentol oreo 10. Will project hove o major e~fect on exlstihg or future recreational opportunities?.' ....... Yes 11. Will project res61t in .major troffi'c problems '' o~ cause a major e~fect to ex-isting . transportation systems? ....................... Yes~/No 12. Will project :regularly cause objectionable odozst noise, glare/ vlbro~iont or e!ec%rica! disturbance os o result of the project's - ' Y s ~ N:/o' opcraAion? ......... ' .......... % ................. e 13 Will p j t h ) i p t p blt h ltl - · ' re ec ave an , m ac on u c eo f tx? ' Y ~/'N 1~. %'/ill p~oject af£eci the existing community by.- directly causing o growth in permanent population of more than 5 percept over a one · year period or hove o major negative eff~ zt on the haro or or the ommunity ar /) ,/ net hborJlood9 / , · u 15. Is there public controversy concarn~ng~t~ a ,/ PREPARER S SIChATURE GaryF~nner Olsen, REPRESEHTING Nicholas W. Ippolito DATE September 2~, 1982 Yes. /No