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HomeMy WebLinkAbout2986Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD. L.I,. N,Y. 11971 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 2986 Application Dated May 6, 1982 TO: Rudolph H. Bruer, Esq. as attorney for PETER D. PIZZARELLI Main Road Southold, NY 11971 [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on July 29, 1982 the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section Request for Variance to the Zoning Ordinance Article III , Sections 100-30(A) and (C) ~[] Request for The public~ hearing[on this matter was held on July 29, 1982. Upon application of PETER D. PIZZARELLI, by Edson and Bruer, Esqs., Main Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Sections 100-30(A) and (C) for permission to construct an addition to an existing accessory building converting same into a two-bedroom cottage for family and guest use in an "A" Zone" (in addition to the main dwelling.) Location of Property: 5710 Indian Neck Lane, Peconic, NY; bounded north by Bolson; west by Wood; south by Hog Neck Bay; east by Tuthill; more particularly known as County Tax Map Parcel No. 1000-98- 5-14.3. The board made the following findings and determination: By this appeal, appellant seeks permission to convert an existing accessory building into a two-bedroom cottage for family and guest use without cooking facilities and which shall be used principally by the appellant's parents(-in-law), Mr. and Mrs. Joseph Gioscia. A statement has been submitted for the record from Dr. Herbert S. Arm stating that Mrs. Anna Gioscia is suffering from severe diffuse, crippling arthrits... Mr. Gioscia has a heart condition with angina and diabetes melletus and is handicapped because of this...It is advisable that Mr. and Mrs. Gioscia live near their daughter, Mrs. Peter Pizzarelli .... " The premises in question contains an area of 2.979 acres and is known as Lot No. 3 of "Minor Subdivision for Peter and Marie Louise Pizzarelli at Peconic." Existing on the premises at the southerly end are a private one-family dwelling house, accessory garage structure and two small shed structures in the frontya~d area, and the subject accessory building in the westerly sideyard area. Access to the premises in question is from a 30' right-of-way extending southerly from Indian Neck Road approximately 743.91 feet. Appellant has indicated no objection to conditions as imposed by the board, such as, no rental of the accessory building may be permitted; et cetera. It is the feeling of the board that the relief as requested is minimal and the amount of land area available is adequate. However, it is the opinion of this board that 40,000 square feet in land area should be applied to this accessory structure for this proposed use, and of course the remaining area to be applied to the main dwelling. In considering this appeal, the board determines that the variance request is not substantial; that the circumstances herein are unique; that the relief if granted will not change the character of the neighbor- hood; that if the relief is granted no adverse effects will be produced (CONTINUED ON PAGE TWO) DATED: August 17, 1982. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Page 2 - Appeal No. 2986 Matter of Peter D. Pizzarelli Decision Rendered July 29, 1982 on available governmental facilities of any increased population; and that the interests of justice will be served by allowing the variance subject to the condition specified below. On motion by Mr. Grigonis, seconded by Mr. Sawicki, it was RESOLVED, that Appeal No. 2986, application for PETER D. PIZZARELLI for permission to convert accessory building for use as a two-bedroom cottage for family and guest use, be and hereby IS APPROVED SUBJECT TO THE FOLLOWING CONDITION: A line shall be drawn equally distant between both structures, (the main house and the subject accessory building) to comprise a minimum of 40,000 square feet for the guest cottage. Lecation of Property: 5710 Indian Neck Lane, Peconic, NY; County Tax Map Parcel No. 1000-98-5-14.3. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. R fEIVED AND /LED BY I TEE SOUT~OLD TOWN CT.k'TRK I k, Town o~ S~thold APPROV. " APPEALS BOARD MEMBERS GERARD p. GOEHRINGER. CHAIRMAN CHARLES GRIGONIS. JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI $outhold Town Board of Appeaffs MAIN ROAD- STATE ROAD 2S c:OUTHOLD, L.I., N.Y. ll{::J?l TELEPHONE (516) 765 1809 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 Board of Appeals at the Town Hall, Main Road, Southold, NY on Thursday, July 29, 1982 commencing at 7:30 p.m. and as follows: 7:30 p.m. Application of JOHN E. and PATRICIA A. CLARK, 800 Albo Drive, Laurel, NY for a Variance to the Zoning Ordinance, Article III, Section !O0-~ fcr ~rmissi~n to construct addition to dwelling leaving an insufficient rearyard setback at 800 Albo Drive, Laurel, NY; bounded north by Albo Drive; west by Krogman; south by Schonewald and Macri; east by Hubbard; more particularly known as County Tax Map Parcel No. 1000-126-3-9. 7:35 p.m. Application of PAUL PEDERSEN, by Rudolph H. Bruer, Esq., Main Road, Southold, NY for a Variance to the Zoning Ordin- ance, Article III, Section 100-31 for permission to construct addition to dwelling 'leaving an insufficient rearyard setback at 300 Summer Lane, Southold, NY; bounded north by Ragsdale; west by Summer Lane; south by Czelatka; east by Tillistrand; more parti- cularly known as County Tax Map Parcel No. 1000-78-9-23. 7:40 p.m. Application of MATTITUCK AIRBASE INC., Airway Drive, Mattituck, NY for a Special Exception to the Zoning Ordinance, Article VIII, Section 100-80B(1) for permission to alter and con- struct addition in a "C-Light" District located at 410 Airway Drive, Mattituck, NY; bounded north by New Suffolk Avenue and Wickham; west by Bagshaw, Peconic Corp., and Wickham; south by Park Avenue; mast by Wickh~, Parkin, Tandy, Wickham, and Holman; more particularly known as County Tax Map Parcel No. 1000-123-1-2. 7:55 p.m. Application of WARREN E. an~ ELLEN HUFE, by Rudolph H. Bruer, Esq., Main Road, Southold, NY for a Variance to the Zoning Ordinance, Article XI, Section 100-118(d) for permission to retain former nonconforming one-family dwelling use of existing house located in this "B-i" District. Location of Property: 3900 Young$ Avenue, Southold, NY; bounded north by Harris; west by Youngs Avenue; south by C.R. 48; east by Edson; more particularly known as County Tax Map Parcel No. 1000-55-2-16. Sounhold Town Board of Appeals Regular Meeting and Public Hearings for July 29, 1982 u 8:05 p.m. Application of PETE__R ~ PIZZARELL~I, by Edson and er, Esqs., Main Road, Southold, NY, for a Variance to the Zoning Ordinance, Article III, Sections 100-30(A) and (C) for permission to construct an addition to an existing accessory building convert- ing same into a two-bedroom cottage for family and guest use in an "A" Zone, in addition to the main dwelling. Location of Property: _ 5710 Indian Neck Lane, Peconic, NY; bounded north by Bolson, west by Wood; south by Hog Neck Bay; east by Tuthill; more particularly known as County Tax Map Parcel No. 1000-98-5-14.3. 8:15 p.m. Application of REICH BROTHERS AUTOMOTIVE SERVICE INC., by William H. Price, Jr., Esq., 828 Front Street, Greenport, NY, for a Variance to the Zoning Ordinance, Article IX, Section 100-93 for permission to divide premises into two parcels, each having insuffi- cient area and width, and proposed Parcel 2 having insufficient setbacks due to the ]~ea~on -= ~ ....... ~ ~ line. Location of Property: East side of Rocky Point Road, East Marion, NY; bounded north by Yanas; west by Rocky Point Road; south by Muir; east by Nowell; more particularly known as County Tax Map Parcel No. 1000- 31-2-20 and 21. Zone District: C-1 General Industrial. Dated: July 8, 1982. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski, Secretary Copies on or about 7/19/82 to the following: Mr. and Mrs. John E. Clark Rudolph H. Bruer, Esq., as attorney for: Mr. Paul Pedersen Mr. and Mrs. Warren E. Hufe, Jr. Mr. Peter D. Pizzarelli William H. Price, Jr., Esq. as attorney for Reich Brothers Auto. Service Mattituck Airbase, Inc. Town Clerk Bulletin Board Suffolk Times, Inc. L.I. Traveler-Watchman, Inc. FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date . ~ff 196f'~ File ~ .... ;,~:: .....fiffi; .............,... To .~._~.ff.~'..x~..'...~..-.. ~(Z~.~... .......... , .... PLEASE TAKE NOTICE that you~ application dated/~,... ~...~ ......... ,1~. Location of Property fl~ff~ .... Z~'.~ .~/.. County Tax Map No. 1000 Section ...?~.... Block ..~.'~ ..... Subdivisio~~ .... Filed Map No ............ ~.. Lot No .... ~ ~ ...... ~ ::.. ~.c'. ~ :~. :~.. ~..: .... ~. ~c>~..::~.,./~... RV 1/80 TOWN OF $OUTHOLD, NEW YOR~ APPEAL FROM DECISION OF BUILDING iNSPECTOR DATE 5/6/82 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. I, (We)Peter D. Pizz.a. relli of P.O. Box 214 Name of Appella.n! Street and Number Peconic Municipality ............................ HEREBY APPEAL TO State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ........................... DATED ........ ,4. /.2. .9. ,/. ,~. ,2. ............................ WHEREBY THE BUILDING INSPECTOR DENIED TO Peter D. Pizzare]ii Nome of Applicant for permit of Street and Number Municipality State (X) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (X) PE[~4-i'i~ TO CONSTRUC'L' I LOCATION OF THE Pt~.OPERfY Street Use District on Zoning Map Minor Subdivision ~87 Lot No. 3 Map Na Lot No 2 PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- ~ectJorl and Paragraph of the Zorling Ordinance by number Do not quote the Ordinance) Article III, Section 100-30A and Article III, Section 100-30C TYPE OF APPEAL Appeal is rnude herewnh fo~ A VARIANCE to the Zoning Ordinance or Zomng Map A VARIANCL due to lack of access (State of New York Town Law Chap 62 Cons. Laws Art 16 Sec 280A 5ubsectJarl 3 has not PREVIOUS APPEAL A pr~v,uu~ c~ppeal 2tax~) (h~za~) been mede with respect to this decision the Build,rig Inspector or wdh ~espcc[ fo flus property ~uch Gp[)eo~ was f ) request for a ~pe~,ol permd ( ) request for (J v, uiQnce dnd was made ~n Appeal No Doted ...................................................................... ( ) ~ ) ( ) REASON FOR APPEAL A Vanance lo becnon 280A 5ub~echon 3 A Variance to the Zoning Ordinance ,srequestedforthcreasonlhat Appellant desires to construct an existing accessory building on the subject premises, thereby same into a two bedroom cottage for family and guest use. an addition to converting (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficultiesor unneces- sory HARDSHIP becouse Appellant would be unab&e to provide affordable accomodations for his wife's parents, who are elderly and in diminished health and -must be in close proximity to and where they can be cared for by their only daughter. The proposed dwelling unit will contain no cooking facilities. The prOposed dwelling unit would be situated on Appellant's 2.979 ac~e parcel and will not change the population density for this parcel as there is in excess of 80,000 square feet of property. 2 The hardship created is UNIQUE and is not shared by all properties alike in the immediate v~c*nity of this property and in this use district because ?here are other separate g~est facilities located on properties in the immediate vicinity. Appellant has a large parcel of land, more than adequate to accommodate the proposed dwelling unit. 3 The Variance would observe the spirit of the O,dinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the proposed construction will retain the strictly residential character of the district. Your appellant does not intend to ever subdivide this parcel and will abide by any spec~ific controls that the Zoning Board of Appeals may deem to impose as a condition of its approval. SFATE OF NEW YORK COUNTY OF SUFFOLK No. 52-04655~ 0 Qua ified in SLffC ' % TCWN.~:SOU ,~OL BUI-,..Ii'i,.= DE?ARTMENT Examined ................ , 19 ... Approved ................. 19 . . . Permit No ............ DL<approved a/c ....... : ............................ . Application No ............... (Building Inspector) ~ APPLICATION FOR BUILDING PERMIT INSTRUCTION'S Date ... :d?~..~..~. .... , 19 a. This application must be completely filled in by typewriter or in ink and submitted in triplicate to the Build Iaspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location et' lot and of buildings on promises, relationship to adjoining premises or public strt or areas, and giving a detailed description of layout of property must be drawn ou the dia~am which is part o~his ap cation. c. The work covered by this applkation may not be commenced before issuance of Building Pe~it. d. Upon apprc.'al of this application, the Building Inspector will issue a Bui[ding Pe~it to the applicant. Such per shall be kept on the premises available for inspection throughout the work. e. No buildiug shall be occupied or used ~n whole or in pa~ for any purpose whatever unt~ a Certificate of Occupa~ shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for th~ issuance ora BuildingPe~it pursua~ ~ to Building Zone Ordinance of the Town ~f Southold, Suffolk County, New York, and other applicable Laws, Ordi~xance: Regulations, for the coustruction of buildings, additions or alterations, or for removal or demolition, ~ herein descriE TEe applicant agrees t~ comply with all applicable laws, ordinances, building code, housing code, ~d reductions, ~d (Mailing address of applicant) Statex'~b..m:r,-" - applicant is oxvner, lessee, agent, architect, engineer, general contractor, electrician, plumber or built ...................... (as on the tax ~lVor latest deed) If applicant is a corporation, signature of duly authorized officer. (Name and title of corporate officer) Builder's License No .......................... Plumber's Licensa No ......................... Elzctr'c*an's License No.' ...................... Other Trade's License No ...................... 1. Location of land on which proposed work ',viii be done ..................... ~ ........................ ' =o,/f. ' House N u m b e r~,~ ~--~-%,'C; Street Hamlet Count' TaxMaZ~--No ~0~Z~" q ~ 12' ' ~ - . /V, Y P UU becIlon ....... A lOCK .................. Lei ........... (Name) ~ ~ ? · State existing use and occupancy of prem~s aa.~mtende~usc an4~ccgPgBcY/pf proposed construction: :.32:Zo77.: ..... [:.tj~:.';' occ pan y ..;~~r.~ ............... -~ ...... ~.'.x, .f 3. Nature of work (check which applicable): New Building .......... Addition "/ Alteration Ret~air .............. Rcmo:'a! .............. Demolkivn .............. Other Work ............ (Descriptio~ Oo be paid on filing tlu g. If~wel~g numbcrofdwe ,'t ~ s ~ ~ ...... If gar2ge, number of cars . . fi. If ous.,ess, co~.,m~rc~al or m~xed occupancy, speedy n2ture and extc ~t of each ~ype of use .................. 7. Dimensionsofexi~dngstmctur~s fany Front ~.~ .... Rear .~.q ....... Depth.~ ....... ~.~b~ ............... ~u,~ ~, s~o~ .................................. ~;~'~ ..... D~mensmns of same structure with alterations or additions: Front . ~ ~ Rear D~pth ~ ~ .............. .............. Height ...................... Number of Stories .... ~ .............. Height ............... Number of Sto~es .... ~ .......... · ............. 9.Siz~oflot: Front ..... ~.~' ' Rear ~.~Eo'rvu~,~:~ .... ~.37~ ........ '~ ....... ~'~ ......... ~pt~, .... z.~.~ ......... ................. ~ ~? or vo~ o~ .~~.,~ .... ~. Zm,e or u~e d~t~ct in which prmn~ses are situated ...... ~ ........................ ~:.. ............ IL Doeg prepoged construction viol2te any zoning law, ordinance or regulation: ...~.~ ..................... ~3. Wil~ lot be r~g~ad d ~,~ W ~ ~ e "'~'''~'~ ..... ~ ....... ~.~... il. excess ~ll be remov~ from premises: Ye~ ~m~ O~ Arch ~t . ~ . .~.~ ' '" ..... ~ ......... ~ .... ................... ~uu~e~ ................... ~ho~ No .............. N~e of Contractor .......................... Address ................... Phone No .............. PLOT DIAGRAM Locate clearly ~d distinctly ~I mu.dm°s, whether ex/sting or proposed, and. indicate all set-back dh'n~ns.[ons fr( ?roperty lines. Give street and block nun:her or description according to deed, and show street names and indicate whorl ',^terior or corner lot. L! ~'rATE OF NEW YORK, COUNq'Y OF .~,~.0. F/-To.~..~. ' S.S .... ??'. ?~.~.c..~,..'.~../.2...Z...~...~. ~ .L .................. being duly sworn, deposes and says that he is the applic~_~ (Naaie of indMdual signing contract) ahoy.: named. (Contractor, agent, corporate officer, etc.) of said owner or mvaers, m~d is duly authorized to perform or have performed thc said work and to m~e and file ~ ~pplication; that all statements contained in this application are true to the best ofliis knowledge and belief;and that t[ ~ork will be performed in the manner set forth h~ the application filed therex~h. ~orn to before me this ...... · ......... day of ...................... 19 ~ .~ota~ Public ....................... ~, x '~'~. County ' /~, ~ ~~ - MARY DIANA FOYER t X . ~ ~ / ~ ~ NOTARY PUBLIC, State of N* . ~ / ~ ~ L~ -- ~ /~] · -;~*sion ~-'r~ "- ____.,~ :.( ~ ~ Z" 7 ....... r/~. *~ · ~,:; · _~_~_~_~ ALPHABETICAL LIST OF MINOR SUBDIVISIONS FILED Abitz, Audrey Academy Printing Adams, Lottie Adamson, genore Adel, Jr. Werner L. Akscin, George and Opal Albertson, A.W. Alexander Enterprises Aliano/Pharr Allen, C. Edmonds Almeida, Manuel Amari, Vito Amaroy Acres (Francisco) Annabel, Vincent Andrews, Walter Andrews & Rollins Asselta, Ralph & Theresa Anderson, Ethel Armstrong, Whitney Ath~nospoulos & Pappas · NEW NL~[BER 1000-114-9-11,12,13 1000-61-1-2 1000-3-3-2,3 I000-79-3-9,10 1000-108-3-13.6,13.8,13.9, 13.10,13.11 1000-79-5-14 I000-54-3-14.6 1000-106-8-50.3 1000-59-9-30 1000-122-7-9 1000-103-2-1 1000-55-2-5.1,5.2,5.3 1000-40-3-3.2,3.4,3.5,3.6 1000-137-3-8 1000-10-5-2,3 1000-107-2-10 1000-109-2-13 1000-20-3-9 1000-2-1-5.3,p/o 11 1000-33-5-14 OLD NUMBER 11 422 614 261 97 142 416 426 250 143 85 104 98 295 290 528 56 120 308 l'~ccniz omes {:]. 2orZon) . army iV, George L. Penny IV, George L. Perillo, Thomas Perillo, Thomas & Edith Pharr/Aliano Peccione, Estate of -16- (Indian Neck-Hahn) Planitzer, Ruth & Russell Plock, Carol Pontino-Chituk Praitorius, Roger H. &Richard Prellwitz, Samuel Preston, James F. Pridgen Hilary NEW NUMBER 1000-75-7-6 1000-86-5-9 I000-121-3-7 1000-74-2-t2.2,12.3,12.4 i000-54-5-46 1000-54-6-p/o 2 1000-114-1-7 1000-145-2-13,17 1000-59-9-30 Nicholas & Hens Rein(LaurelAcres)1000-126-10-12,1.4,1.5,1.6 Pioneer Village (Druhi) _ipes Cove Corp. 1000-48-3-p/o 42.1 Pisacano, Gasper 1000-1-5.1,5.2,5.3 Pizzarelli, Marie & Peter (Wecker, Goscia) 1000-31-14,9,13,15 · Pizzarelli, Peter & Ma~{e 1000-98-5-14.2,14.3,14.5 1000-79-5-7.21 1000-103-8-4-p/o 5 1000-139-1-4 1000-86-7-7 1000-50-1-18 1000-128-6-I4,15 Prusinowski (Soundview Meadows) 1000-74-2-12.2,12.3,12.4 Pudge Corp. (James Gray) 1000-63-1-1.1 OLD NUMBER 242 216 447 95 173 223,237 429 203 25O 124 18 224,355 91 46 364 325 174 201 431 246 95 275 TOWN OF SOUTHOLD PROPERTY REG'~RD CARD OWNER STREET VILLAGE DIST. SUB. LOT FORMER OWNER ACR. S W ~ ~PE OF BUILDING RES. ~/o S~S. VL.~ FARM COMM. CB. MICS. Mkt. Value ~ND IMP. TOTAL DATE R~RKS ~ ' Tillable FRONTAGE ON WATER ~o~lond FRONTAGE ON ROAD ,/~ ~eadowlond DEPTH ~ Vet ~v [. qouse Plot BULKH~D [otol Exte~i~~ Extension Extension COLOR / ~'/' ,~'~' '-~ / ~ , ~ ? / C~ ~/ Foundation /"~ C, Bath ~.~ Porch Basement 7~// Floors ~ A- Porch Ext. Walls Interior Finish Fire Place Heat Rooms ]st Floor TRIM inette DR. Breezeway / / Garage T~eRoof Patio Recreation Room Rooms 2nd Floor FIN. B O.B. Dormer Drivewoy 'Total .~,~ / ~ ?'~.-,- 9£-"¢-W.~TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET VI LLAGE DIST. SUB. FORMER OWNER N ~,/~'7; E( . 1?'" °l~ S W (J TYPE OF BUILDING ~ND IMP. TOTAL DATE RE~RKS AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Ac re 7~' Tillable FRONTAGE ON WATER W~land FRONTAGE ON ROAD Meadowland DEPTH House Plot Total ~ ~ ~ DOCK M. Bldg. Extension Extension Extension Porch P°rchr//,~ ~ Breezeway Garage Patio O.B. Total c~lo /7~D-c,,, COLOR Foundation Basement Ext, Walls Fire Place Type Roof Bath Floors · Interior Finish TRIM Heat Rooms 1st Floor Recreation Room Rooms 2nd Floor Dormer Driveway Dinette Ko LR. DR. FIN. B TOWN OF SOUTHOLD PROPERTY P~CORD CARD ~/,~-'~. OWNER STREET VILLAGE DIST. SUB. LOT~ /,~/p,~.~,~ ,,~,~.~ FORMER OWNER N E ,~.-- ACR. I S ~ W ' ~PE OF BUILDING ~N~ I~. TOTAL ~ATE ~KS Fillabl~ V~ONTAGE O~ WATE~ ~e~dowl~nd DEPTH ~ouse Plot B~LKH~D COLOR /!//.~ /~'~ TRIM Extension Extension Extension Foundotion ~' ~ Both Porch Bosement Floors Po rc~h/~.~ ~_ Breezewoy Gorege Ext. Walls Fire Place Type Roof Interior Finish Heot P, ooms 1st Floor inette BR. Patio Recreation Room Rooms2nd Floor FIN. B O.B. Dormer Driveway Total O~-4I 7 ~ A~C F~-8O R-80 A-C · , / iA-C/ ~ / R~-80 R--80 R-80 A-C '~ i~ECOtVlC ~e*~denhol L."-,,~ ~-ensity AA COUNTY OF SUFFOLK DEPARTMENT OF PLANNING (516) 360-5513 LEE E. KOPPELMAN July 15, 1983 Town ~f Sbuthold Board of ~ppeals Pursuaht~/the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the foiio~ing 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 McF~ely GGN:jk Very truly yours, Lee E. Koppelman Director of Planning ! by Gerald G. Newman Chief Planner 2811 2977 2978 2979 2983 2984 2985 2986 3015 3020 3021 3023 3031 3038 3042 3044 3048 3059 3071 3076 3083 3084 3089 3102 VETERANS MEMORIAL HIGHWAY HAUPPAUGE. ~.. ,.. NEW YO"~< 11788 Pursuant to Article XZII 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: X Variance from the Zoning Code, Article III, Section 100-30 ~ Variance from Determination of Southold Town Building Inspector ~ Special Exception, Article , Section _ Special Permit Appeal No.: 2986 Applicant: Location of Affected Land: 5710 County Tax Map Item No.: 1000- Within 500 feet of: Town or Village Boundary Line X Body of Water (Bay, Sound or Estuary) __ State or County Road, Parkway, Highway, Boundary of Existing or Proposed County Owned Land ' Boundary of Existing or Proposed County, or Other Recreation Area Peter d. Pizzarelli Indian Neck Lane, Peconic 98-5-14.3 Hog Neck Bay Thruway State or Federally- State or Federal Park Existing or Proposed Right-of-Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Estab- lished Channel Lines, or _ Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. CO~ENTS: Applicant is requesting permission to construct an __addition to an existing accessory bui]din~ converting same into O~_ Cop~es of Town file and related doctlments enclosed herewith for your review. Dated: July /~, I983 ~ ~' ~~ Temp. Secret~r%, oard of Appeals Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD. L.I.. N.Y. 11c~71 TELEPHONE (516) 765-1809 APPEALS ROARD MEMRFRS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS JR SERGE DOYEN, JR ROBERT 3. DOUGLASS JOSEPH H. SAWICKI TO: DATE: SUBJECT: Victor Lessard, Executive Administrator Southold Town Building Department August 31, 1982 Appeal No. 2986 - Peter D. Pizzarelli Decision Rendered July 29, 1982 Pursuant to your request of August 27, 1982, please consider this letter a clarification of the board's decision rendered in the above-entitled matter on July 29, 1982. The board's decision as rendered and filed with the Town Clerk is not and should not be interpreted as a subdivision of land. The variance requested was not for an "area" variance, but rather for a "use" variance for permis- sion to utilize the accessory building for accessory sleeping accommoda- tions and storage (accessory to the main dwelling), and without a kitchen. After hearing all testimony and comments at the public hearing and after discussing this matter during deliberations, it was agreed that the appli- cation should be granted with the condition that this structure remain accessory to the main dwelling, and that if in the future applications are granted to subdivide this property (by the Planning Board and other departments and agencies as required by law), that a minimum of 40,000 square feet shall apply. The 40,000 square-foot area delineated by the applicant on the map amended 8/12/82 and submitted for our file 8/20/82 should be considered "imaginery" at the present time. The use granted for this structure is for sleeping quarters (not as a dwelling unit) and is accessory to the main dwelling on this entire 2.979-acre parcel. Also, this structure should not be treated as a principal dwelling; however, it is the opinion of this board that the electrical, sewage and water systems be approved by the local agencies for the use granted in the variance appeal. We hope that this letter has been of assistance to you. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN TO fN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR P.O. BOX 728 TOWN HALL SOUTHOLD, N.Y. 11971 27 August 1982 TEL. 765-1802 TO: ZONING BOARD OF APPEALS FROM: EXECUTIVE ADMINISTRATOR SUBJECT: PETER D. PIZZARELLI The condition attached to the decision on the above case is con- fusing and the parties involved are mis-interpreting the intent behind it. It has come to my attention that this accessory structure has its own independent electric~ water and septic system. Therefore a clarifi- cation is in order~ clearly delineating this as an accessory structure and not an independent building. I would appreciate your clarifying this condition by re-phrasing it and removing the area in doubt. Please date and attach a copy of your reply to the Pizzarelli file plus a copy to the parties involved. Tha~u, Souihold Town of Appeals MAIN ROAD- STATE ROAD 25 SE3UTHOLD, L.I., N,Y. llg?l TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGON~S, JR. SERGE DOYEN, JR, ROBERT J. DOUGLASS JOSEPH H. SAWICKI August 24, 1982 To: Rudolph H. Bruer, Esq. Main Road Southold, NY 11971 Re: Appeal No. 2986 - Peter D. Pizzarelli Dear Sir or Madam: Attached herewith is a copy of the formal findings and determination 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 construction, or for a certificate of occupancy of the premises, as may be applicable. If you have any questions, please do not hesitate to call either our office or that of the building inspector at 765-1802. LC Enclosure Copy of Decision to Building Department Yours very truly, By Linda Kowalski, Secretary August 18, Southold Town Board of Appeals Town Hall Main Road Southold, New York 11971 Attention: Linda Kowalski Re: Appeal No. 2986 - Peter D. Pizzarelli Dear Linda: In compliance with the Board's conditional approval of the above application, we enclose herewith survey print of the subject premises with the requested division line shown thereon. Thank you for your assistance. RI{B/df Enc. Southold Town Boa~of A~als -8- Y 1982 Regular Mtg. (~peal No. 3009 - Warren E. and Ellen Hufe, continued:) MR. ~AIRMAN continued: restri~ions, such as no further additions? MR. ~R: Onto the building? MR. CH~t~: Yes. MR. BRUER:~I think so. MR. CHAIRMAN.~ Other than that rehabilitation of that rear part that's existing noM. MR. BRUER: Yeah~ I think he's going to clean up the shed and thin~s like that. I w~uld say "Yes, subject to allowing us to come back to you for whatev~purpose we have and consider it in the future to be a legitimat~.~addition...you know, and hearing this." MR. CHAIRMAN: Thank y~. Would anybody else like to be heard on this application? Anybqd~ like to speak against the application? Any questions from any board ~embers? (None) Hearing no questions, I'll make a motion closing the~earing and reserving decision. MEMBER GRIGONIS: Second. On motion by Mr. Goehringer, s~onded by Mr. Grigonis, it was RESOLVED, to close the hearing an~ reserve decision in the matter of WARREN E. AND ELLEN HUFE, Appeal No. 3~09. Vote of the Board: Ayes: Messrs. G~hringer, Doyen, Grigonis, D~ia$~ and~.,~1~-'-'. Tkis rc£~!ution wa~nanimously~ adopted. PUBLIC HEARING: Appeal No. 2986. Application of PETER D. PIZZAR- ELLI, by Edson and Bruer, Esqs., Main Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Sections 100-30(A) (C) for permis- sion to construct an addition to an existing accessory building, converting same into a two-bedroom cottage for family and guest use in an "A" Zone, in addition to the main dwelling. Location of Property: 5710 Indian Neck Lane, Peconic, NY; bounded north by Bolson; west by Wood; south by Hog Neck Bay; east by Tuthill; more particularly known as County Tax Map Parcel No. 1000-98-5-14.3. The Chairman opened the hearing at 8:05 p.m. and read the legal notice of hearing in its entirety and appeal application. MR. CHAIRMAN: When we did go down there last week, we did see that there were cooking facilities in the structure. RUDOLPH H. BRUER, ESQ.: What do you define a cooking facility? Southold Town Boa2~f A~als - 9 - Y 1982 Regular Meetin (Appeal No. ~986 - Peter D. Pizzarelli, continued:) MR. CHAIRMAN: A kitchen. MR. BRUER: Well there is a refrigerator. There is a sink and things like that, but there are no hot burners and things like that. MR. CHAIRMAN: Ok. MR. BRUER: And that's what we meant. MR. CHAIRMAN: Fine. Thank you. MR. BRUER: I think it was Howard Terry's old definition of what a cooking facility was. I think that's changed. This is one application in all my years coming before this board where I think there is really a true hardship, particularly with the individuals involved here. We have here a situation where children are taking care of their elderly parents, who do have medical problems. I believe in your file there is a letter from Doctor Arm, wherein he states that it is his opinion, it is advisable that the Gioscias, who are here and I believe who you met on two occasions, need to be in close proximity to their children. The existing house there can only handle six people of the immediate family, Mrs. Pizzarelli, in other words themselves and their four children. You have here a situation where had this been an attached garage, and they probably could have gotten a building permit, would have gotten the building permit to add additional rooms on for these people as long as there wasn't a kitchen facility, et cetera. I think we have here a situation where if this petition is denied, they will not be able to live on the premises; they will not be able to be properly cared for; they would have to go otherwhere, other places that would entail a great deal of expense...personal expense. The nursing home charges something like $58 a day. That's a substantial amount of money over the course of a year. It's not the same pleasant situation as where it is now. I'd like to point out that as the application stated the property is approxi- mately three acres. It's conceivable that a subdivision could be applied for, for the relief. They don't want to do that. They just want to be able to have the use of this building for their parents for their own personal use...promise that it would never be used for rental purposes, et cetera. The meals that are taken by the people have been and are now taken in the main house. At one time they did have a facility there to Be able to have coffee in the morning...we'll admit to that. But how- ever the main purpose is to be near. I believe if you looked at possibly old pictures of the premises, it was an old, delapidated building. I think from your photographs in your file, you notice that it has been nicely done up and particularly suited for the purposes being requested for here. Again the property is large and I would like to point out that there is a precedent by this board to grant such an application in a situation where you have a large part of land...back in October 1981, your Appeal No. 2864 was fairly similar. There you granted it on a piece of property that was 5.45 acres and a much more extensive and elaborate guest cottage with cooking facilities, et cetera Southold Town Boa~of A~als - 10- Y 1982 Regular Meetin (Appeal No. 2986 - Peter D. Pizzarelli, continued:) MR. BRUER continued: there. It was again, it was granted with certain conditions that the use will be only for family and guest purposes; that it never be rented; and no other buildings would be permitted on the property in'the future. We would again, using the same reasoning of that application, and the board determined at that time that the Code requirements in that instance were not substantial, the circumstances were unique, and practical difficulty had been shown, that the relief if granted would not change the character of the neighborhood. You notice that when you went there this particular piece of property is way off in the woods. It's not going to change the area and nobody is ever going to see it or even know about it for the most part...these people there. I'd like to point out, I believe it's in the file...there's a letter from the assessor. He says that they are already being assessed for that cottage as a cottage and not as a garage. And the town and its other departments have been treating it as a guest cottage. Mr. Pizzarelli has spent a considerable amount of money fixing that building to the tune of approximately $22,000. The land which he purchased is well over $100,000. I don't have anybody here to substantiate that except I know when he bought it the price was that. He's put substantial improvements to it. The taxes on the premises are $2,279. There's an existing mortgage on the premises for about $15,000 and the property has no income. Now to force these people to go out and rent or be put in a nursing home will cost a considerable amount of money; it would be an extreme hardship to the individuals. The request that's being asked here would not vary the standards of the town that much due to the size of the property. We respectfully pray that the board grant this particular applica- tion, please. Oh, there is a letter by an adjoining neighbor saying that he has no objection. I don't think anybody has objected to the application. MR. CHAIRMAN: Thank you. Is there anybody else that wishes to in behalf of the application? Are you finished...I'm s~rry, Mr. Bruer. speak MR. BRUER: I would just like to read that letter of Doctor Arm: "...To whom it may concern: This is to state that Mrs. Anna Gioscia is suffering from severe diffuse, crippling arthritis .... Mr. Joseph Gioscia has a heart condition with angina and diabeter meltetus and is handicapped because of this .... It is advisable that Mr. and Mrs. Gioscia live near their daughter, Mrs. Peter Pizzarelli ..... " MR. CHAIRMAN: Thank you. Is there anybody else that would like to speak in behalf of the application? Anybody like to speak against the application? (None) Any questions from any board members? (None) Hearing no further comments from anybody, I'll make a motion Southold Town Boa~f A~als -11 - 1982 Regular Meetin (Appeal No. 2986 - Peter D. Pizzarelli, continued:) MR. CHAIRMAN continued: closing the hearing and reserving decision. MEMBER DOUGLASS: Second. On motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, to close the hearing and reserve decision in the matter of PETER D. PIZZARELLI, Appeal No. 2986. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was u~animously adopted. John C. Cornell asked for an explanation as to why a decision could not be made at the end of the hearing rather than "reserving decision" since people spend weeks and months waiting. The Chairman explained that by law the board must take any and all testimony presented at the public hearing, in addition to other considerations, and therefore the board choses to close the hearing and reserve decision in order to deliberate at the end of all the matters on this evening's agenda in "closed session." The Chairman said that probably two-thirds of the matters on the agenda tonight will have decisions tonight and that the applicant or his attorney is asked to call the Town Hall (our office, Building Department or Supervisor) the next day for the action[s] taken. Mr. Cornell said he didn't understand why a decision couldn't be made immediately at the end of the hearing if there were no objec- tions made. M~. Cornell was advised that some times there are matters which may require legal consultation and which may require further information for the record such as the history of the property, et cetera. PUBLIC HEARING: Appeal No. 2856. Application of REICH BROTHERS AUTOMOTIVE SERVICE INC., by William H. Price, Jr., Esq., 828 Front Street, Greenport, NY, for a Variance to the Zoning Ordinance, Article IX, Section 100-93 for permission to divide premises into two parcels, each having insufficient area and width, and proposed Parcel 2 having insufficient setbacks due to the location of the proposed lot line. Location of Property: East side of Rocky Point Road, East Marion, NY; bounded north by Yanas; west by Rocky Point Road; south by Muir; east by Nowetl; more particularly known as County Tax Map Parcel No. 1000- 31-2-20 and 21. Zone District: C-1 General Industrial. The Chairman opened the hearing at 8:20 p.m. and read the legal notice of hearing in its entirety and appeal application. MR. CHAIRMAN: We have a copy of a survey prepared on July 14, 1981 April 18, 1973 Rudolph Bruer, Esq. Main Road Southold, New York 11971 Re= Proposed minor su~d±~ision Andrew Hahn, Peoonic, N.Y. Dear Mr. Bruer= At its regular meeting April 16, 1973, the Planning Board granted approval to the prpposed minor subdivision for Andrew Hahn showing three lots - lot #1 with 43,560 square feet, lot %2 with 43,164 square feet and, lot #3 with 2.979 acres. The Board will require a legal instrument in recordable form that lot %3 will not be further subdivided. ~bmission of the final map and required covenants and r~str-i~&H~ %3~ the Chairman is empowered to sign th~ map. Very sincerely, John Wickham, Chairman Southold Town Planning Board JW. .tle Southold Town Planning Board - 7 - April 16, 1973 planning Board cannot approve a subdivision without approval of the Highway Superintendent and the Town Board must accept the bond and give us written notice of such acceptance. Mr. Donovan stated that before the property was purchased several feasibility studies were made from many angles and they have some indication as to how things would turn out. Mr. Donovan said they would wait to hear from the Board about the County's recommendations. Rudolph Bruer, Esq., asked the Board if they had reached a decision in regard to the proposed minor subdivision for Andrew Hahn at Peconic. The last proposal was for three lots, two of approximately one acre each and one of approximately three acres. The Board told Mr. Bruer the lot with three acres would have to have deed restrictions that it would not be resubdivided. The Board said they would make a decision later in the evening. Mr. Jack Driscoll and Mr. Stanley Waimey appeared before the Board in regard to a proposed minor subdivision for Four Sails Realty at Peconic. The original map showed three lots of approximately 2.5 acres each, but they presented a revised sketch showing four lots - two of approximately 1 acre and two of approximately 2.5 acres. Mr. Waimey and Mr. Driscoll both own a lot adjoining this subdivision which were purchased from the same owner and on the same date as the proposed subdivision. There is an existing right of way over the property which they propose to change to the proposed right of way on the subdivision map. The Board of Appeals granted an approval of access to both Mr. Driscoll and Waimey for their two lots so they can get building permits. The Board stated they felt this was an evasion of the major subdivision regulations and have actually subdivided twice. The Board may only grant two more lots. Mr. Driscoll said they have enough property for eight 10ts, but don't want a major subdivision. The Board of Appeals granted the approvals of access with the condition that they not be used for development of property by Four sails Realty. Mr. Aksin, an adjacent property owner said other property owners have a right of way over the property. The Board will hold this matter for further discussion. Southold Town Planning Board - 10 - April 16, 1973 On motion of Mr. Moisa, seconded by Mr. Coyle, it was RESOLVED that the Southold Town Planning Board adopt the amendments to the Southold Town Subdivison Regulations. Vote of the Board: Ayes: Messrs. Moisa, Coyle, Raynor, Grebe, wickham. On motion of Mr. Coyle, seconded by Mr. Raynor, it was RESOLVED that the Planning Board approve of the layout for proposed minor/subdivision for Andrew Ha~n at Peconic with three lots and requires that a legal instrument in recordable form be submitted that lot 93 consisting of approximately three, acres will not be resubdivided. Vote of the Board: Ayes: Messrs. Coyle, Raynor, wickham, Moisa, Grebe. There wa's some discussion about not allowing minor subdivisions with lo~s of more than 70,000 square feet. The Board discussed the site plan for Sound Shore Motel. The Planning Board feels that the d~rt should be removed from the pond in view of the bad impression it gives and this is to be done before the site plan is given final approval. On motion of Mr. Raynor, seconded by Mr. Moisa, it was RESOLVED that before the Planning Board grants final approval to the site plan for Sound Shore Motel and before $outhold Town Board of Appeal Pursuant to Article XZII 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: X Variance from the Zoning Code, Article III, Section 100-30 __ Variance from Determination of Southold Town Building Inspector __ Special Exception, Article , Section __ Special Permit Appeal No.: 2986 Applicant: Peter d. Pizzarelli Location of Affected Land: 5710 Indian Neck Lane, Peconic 1000- 98-5-14.3 County Tax Map Item No.: Within 500 feet of: X Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Boundary of Existing or Proposed County, Owned Land Boundary of Existing or Proposed County, or Other Recreation Area Hog Neck Bay Thruway State or Federally- State or Federal Park __Existing or Proposed Right-of-Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Estab- lished Channel Lines, or ~ Within One Mile of a Nuclear Power Plant __ Within One Mile of An Airport. COMMENTS: Applicant is requesting permission to construct an addition to an existing accessory buildino converting same into two-b~droom ~of~a~e_ Copies review. Dated: of Town file and August~,~1982 related documentS enclosed herewith for your Temp. Secretary, Board of JAppeals $ouihold To vn £oa 'd of'Appe ff MAIN ROAD- STATE RDAD 25 SOUTHOLD. L.I., N.Y, 119'71 TELEPHONE 1518) 785-1509 APPEALS BOARD GERARD P. OOEHRINGER, CHAIRMAN CHARLES GRIGGNIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI August 2, 1982 Rudolph H. Bruer, Esq. Main Road Southold, NY 11971 Re: Appegl No. 2986 - Peter D. Pizzarelli Dear Sir or Madam: This letter is to confirm that the following action was taken at a Regular Meeting of the Southold Town Board of Appeals held on Thursday, July 29, 1982: RESOLVED, that Appeal No. 2986, application for PETER-D. PIZZARELLI for permission to convert accessory building for use as a two-bedroom cottage for family and guest use, be and hereby IS APPROVED SUBJECT TO THE FOLLOWING CONDITION: A line shall be drawn equally distant between both structures (the main house and the subject accessory building) to comprise a minimum of 40,000 square feet for the guest cottage. This resolution was unanimously adopted. An official determination and findings will be filed with the office of the Town Clerk as soon as possible and simultane- ously forwarded to you for your records. If you have any questions, please do not hesitate to call our office. If you wish to start construction as early as pos- sible, please return to or call the Building Department for issuance of your building permit at 765-1802. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski, Secretary cc: Building Department FROM THE DESK OF $OUTHOLD, N. Y. lt971 TELEPHONE 516 765-2995 May 5, 1982 To Whom It May Concern, This is to state that Mrs. Anna Gioscia is suffering from severe diffuse, crippling arthritis. Mr. Joseph Gioscia has a heart condition with angina and diabetes melletus and is handicapped because of this. It is advisable that Mr. & Mrs. Gioscia live near their daughter Mrs. Peter Pizzarellio Yours truly, ~ .~ eroer% . Ar , M.D. 947 Willi~;ton Rd., Willi~ton, Vt. 05495 12 ~ay, 19ih! I recent~ly rec~;ived a copy of ~he petition of Peter' D. Fizz~reili rcquc~t:.~g,, a zoning variance for hi:,~ property ~t Indium Neck Lane, Peconic. In a,~:~ much as I am an officer and a director of the corp- oration own~n[~ the adjacent property to the ea~t and, furthermore, ~ :i.'~ [~ impossible for me to ~ttend the public h.a. ring. I wish %o expr~:~ my m~l,};,~r't of th~ p~t~:ton by~hJ_s letter. 1 fc~¥~ strongly 'th;~t 'the wiriance should be Since the buil.~ing ]~ for f~mily or ~est u~.~e only, c~m ::~ee no d'~fficu].'ty Ln the ~ituation. Th~.: closing 1 ~gal~ e~t~'*~:; my ,~trong support for I'~%vor~tble action .n thi,,!~ p~t[tlon by thu Bo~rd. l{~:~pectfully yoursM Arthur F. Tuthill, Sec-treasurer & ,J rector Tuthill Bunglalow Property Corporation .']C~ ~S HEREBY I~iV- · ' ~j' ~can~ to Section 267 of ~c Y¢~n Law and the ~ovi- sions of ~he Amended Code of the Town of Southold, a Regular Meeting and the follow~g public hear~g~ w~l be held by the Board of Appe~s a the To~ Hall, Ma~ ~ad, Son.old, N.Y. on ~ursday, July 29, 1982 com- menc~g at 7:30 p.m. and as follows: 7:30 p.m. Application of ~OHN E. and PAT~C~ A. CLA~, ~ AI~ D~ve, Laur- el, N.Y.for a Valance to ~n~E Ordnance, Article Ill, SeXton 1~-31 for pe~ission to ~n~ru~ addition to dwell- -- lng leaving an insufficient rea~ard s~back at ~ ~bo D~ve. ~urel, N.Y.; ~unded no~h by AI~ D~ve; we~ by · ~ogman; ~uth by Schone, w~d and Ma~; ea~ by Hub- b~d; more p~icularly ~own ~ County T~ Map Parcel No. 1~-126-3-9. 7:35 p.m. Application of PAUL PEDERSEN, by Ru- dolph H. Bruer, Esq., Ma~ ~ad, Southold, N.Y. for a Va~ance to the ~ning Or- d~ce, A~icle HI, SeXton 1~-31 for permission to ~n- struct addition to dwelling leav~g an ~sufficient rear- yard s~back at 3~ Summer Lane, ~u~old, N.Y.; ~und~[ ed no~h by Ragsdale; west by Summer Lane; ~uth by Nork- 1~; ea~ by T~listrand; more p~icul~ly ~own as County Tax Map Parcel No. 1~-78-9- 7:40 p.m. Application of ~CK AIRBASE INC., A~ay D~ve, Ma~ituck, N.Y. for a Special Exception to the ~ning Ordnance, A~icle VHI, SeXton l~-80B(1) for pe~ission to alter and ~n- ~ru~ addition ~ a "C-Light." Di~ located at 410 Ai~ay ~ve, Mattituck, N~'; ~und, ed north by New Suffolk Avenue and Wic~am; west by Bagshaw, Pe~nic Corp., ~d Wic~am; south by Park Aw~ enue; ea~ by Wic~am, Park; in, Tandy, Wickham, and Holman; more pa~icularly ~o~ as County T~ Map Parcel No. 1~-123-1-2. 7:55 p.m. Application of WARREN E. and ELLEN HUFE, by Rudolph H. Bruer, Esq., Ma~ Road, Southold, ~ for a Variance to the ~n~g Ordnance, A~icle XI; Se~ion l~-llS(d) for permis: sion to rma~ former non- ~nfo~g one-fam~y dwell- ing use of existing house located ~ ~is "B-i" Location of Property: 3900 Youngs Avenue, Southold, ~; ~und~ no~ by we~ by Yo~gs Avenue; by C.R. ~; e~ by Eden; more p~larly ~own as County Tax Map P~el 1~-55-2-16. ~ 8:05 p.m. Applie~ion of PE~R D. P~AR~LI, by ~n and Bruer, Esqs., M~n Road, Southold, NY, for Vat.ce to the ~n~g ~ance, ~icle H, ~ions 1~-30(A) and (C) ~r ~is. sion to ~nst~ ~ addR~n t0 ~ exi~g accesm~ bulldog ~nve~g same ~to a ~o- bedim ~age ~r fam~y andgue~use~ A ~ne, ~ ~dRion to ~e ma~ dweH- ~g. ~c~ion of ~y: 5710 ~di~ Neck ~ne, Pe~nic, ~; ~ded no~ by ~lmn; we~ by W~d; ~u~ by N~k Bay; ea~ by TuthHI; mo~ pa~icularly ~o~ as ~ty T~ Map P~I No. -98-5-14.3. 8:15 p.m. Application of REICH BROTHERS AUTO- MOT~E SERVICE ~C., by. W~li~ H. ~ce, Jr., Esq.., 828 F~nt StreW, ~, for a Va~ce to the ~n~g ~d~ance, ~ide Se~ion 1~-93 for ~mission to divide premises ~to two parcels, each hav~g ~suf. ficient area ~d ~d~, and proposed Parcel 2 having ~su~cient area ~d ~dth, and p~sed Pardi 2 ha~g ~sufficient s~backs due~ location of ~e p~sed ~ine. Location of Prope~y: Ea~ side of Rocky Po~t Road~ COUNTY OF SUFFOLK ss: STATE CF NEW YORK Patricia Wood, being duly sworn, soys that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold. in Suffolk County; and thor the notice of which the annexed is a printed copy, has been published in said Long island Traveler-Watch- mtn once each week for ........................ ./.. ............. weeks successively, commencing on the ............... ..~.~ ............... Sworn hbefore me this ............... day ................. ............ , of /' lI t ii ,.:~ ,i :I 'i ~' ~'~'~IGOIJ ~ ~ OrdlMnee, ArUcJe ...... II, . ~-.-tion 10~31 f*or,,~ ~ m~mmu.,..~,_%~,,~_ ~.~ l,,i~ht" Dbt.'Jet lo. ired at 410peFmission ~ll.retain foFmor ~C-'E _p~.,m..lsslon to e0nstruci ~' fetv~J., an.. Lnsu~ Airvay Drive, Matti_t~ek, noneonfor.~i;:-- IIEREBY mmmoutOdwellin~JemvfnfonJ,~ ~ stoMc~ m ]~ N.Y.; bounded north by Ne~/ dwellJn~ ~tJ~qudSti~ home ~wondthe at M0 Albo i~, [~re*~,/~ N,¥4~ bouaded north by '. ,,__ ~nd--~.*_ ...-/:r~. f,~cmumm m rroperty. 39~ ., (ofSmdbokl, Drive, west hv ~,.,~m,~.~*~ tdti~.JeUth.byNMMUn, . r . mt ~ NY- thold, N.Y.,on ~ ' ':'~. ?.:M j~m, Ai~'icatlon ~ 1-~_ . .j~'.. ~. ~- PormiNo. 1O0o.~-~l$ . b' n, ~, ?:W~ p.m/ ~m ef ~ ' . .MA. TiT~_ . A~__ ....I~.., ~o Jn ApMteauon~f'~ 1,'~o_p . _ .. ~' · p,m. Application of . ',, ?:30 p.m. nnd PAUL P_.gD]~'~-~by~':' Altwny II.five, Mammel, .W..~A~.N_E...o.ad_K_Li.~ ;~ _PKTRRD. PIZZAI~LLI, by 'RudobhH.~_.~,',d~.T~-;- N.Y.,bra~eeialExmptton nt~M~nRm~q~ '1 ~isonandntuer, n~qs.,e~in Tro C-ust;avson ApplieaUon ~ __aead,---"-~N..~,'~'~ te .t~e..~_ ..O~lbmq~.._, .m ..oa.a, soo.me~_ .~...mm..d, SouthoM, N.y.,fora '. ''~' ...............................heingdulySw0 ~ PAT~tI~IA A. Artiele vllI, 8eetimt 1~- '- rm' a vartaeeeto t~ J YarlSnce to 'the Zo~ We ~~"~I,~ 8~(1} ~ ~.to.oal~r~ ~ Ordinanoe, Article III, says that h..e ...... is Printer and Publisher of t~e SUFT~ ~ ... ? ~":- %, l~.FmmsJ, on to eonstFuet an · .~ _a_d?_tion .to.. au exJsUns county, -nd that the noUc~, o! which *he ,,--_-~t ts a ~i~ ~ /same mto a two-tMdroom - ! c .~ f,~ hmily nd fuest/ copy, has been published In the sam Suffolk Week~ Tin / useman A" Zoa~, in addition · [ ~themahdwelJ~.la2cRf~o~ I t,an~_ _t~smte, N.Y.; bounded ~.r~ _n_oflh by Bolson; west by ( ~ _Wood; sOUth by Ho~ ~eek \14.3. ' ~, Atbo Drive, once in erich v~ek- for . one successively ~ommencblg on Sworn to bef this ........... , i: 8:15p.m. Application of dtly of ~11~.~ ........... . 19.~32. REICH BROTHERS '' - ~., by Wtmam H. Pfle~ jr., ., 8~8-Ft~R StFeet ~oenport, N.Y., for a ..................................... vmrtRnee to the ZOning ~ndo~wl~d~; .and proposed ~0[,~, p,. ~LIC, $~die 0, New ,.rk ~ a having ingufflcient -: l'~m f~f~res Ma,ch 30. 19~or~ bcati(m of* .l?ope_rtF: East side o! Roe. ay POint hd, oy Ya~s; w~t by ~ky Poi~ ~d; ~ by Mu&; ~ ~. No~I; b ~ct: ~1~ . ~:J~. BY O~ER BO~ OF ~p~ June 29, 1982 Southold Town Board of Appeals Town Hall Main Road Southold, New York 11971 Re: Appeal No. 2986 Peter D. Pizzarelli Dear Board Members: On behalf of my client, I wish to express my sincerest apologies for the less than welcome reception you received on your recent inspection visit to his home. Mr. Pizzarelli was absent on your arrival and the incident would not have occured had he been there. It seems that his wife's parents were frightened and unaware of the purpose of your visit. Due to prior action of the building inspector, they felt it was their duty to protect their son-in-law from any further problems. You are, of course, free to inspect these premises at any time. I assure you that this misunderstanding has been corrected. In view of the delay caused by your inablility to inspect the premises prior to the scheduled hearing, we would be most appreciative if this matter could be rescheduled for July 29, 1982. RHB/df ,june 10, 1982 Sou*hold Town Board of Appeals Town Hall Main Road Sou*hold, New York 11971 Attention: Linda F. Kowalski Secretary Re; Appeal No. 2986 Variance-~eter D. Pizzarell. i Dear Linde: Enclosed please find copy of lq**er from the N.Y.S. D~partment Of ~nv~ronmenL~l Conservation~ dated stating that no D.E.C. permit for the proposed construc- tion will be r~quir~d under Article 25 (Tidal Wetlands). Please include this £=tter in your fil~ and advise us when this application will be sche~l~ for a publiG he ar ~n9 . 8in¢~rely, Eno. Pete[ D. Pizza&u£1i Indian ~ec~ Lane Peconic, New York 11958 RegM.,t~ry 11794 NO PERMIT NECESSARY TIDAL WET~$ ACT This is to infom you C~t we haw detem~ t~t your pro~al ~o . has b~en ~eviewed and chat i~ ham been found Char no pemit is necessa~ under kcticl~ 2b (Tidal Wetlanas). Asauming you have obtained any other applicable petmi£%you~ay proceed 'W't. th your project. Very £ruly youre,~ a . DANIEL J. ~kP~KIN Regional Per~.C Adminia[rato~ Beard ef Appeale, Tow~ ef 3eutkeld ~e~Gle~k'e Off~ce S~,, I. Y. 11971 De~r~ire, 947 lllltetem Rd., ltlltmtem, Y$. 05495 12 ~, 1982 Boar , ot A e8] Ton of Smdhold ~.~13r reoeivea & eepy ef the petitiem of Peter D. l~itl~i.reqme&tAlga~variame~ ferhie ~re~ert2 lt./Ym~ltaaNeek L~ae, Peoemie. lm ae neb aa ! am aa effieer aad a direeSer ef the cerp- erat~ea e~aiag the aa~a~aS ~pe~y te the eaaS at~ld. ~he: p~bl~ ~, I wiah tm e~real ..~...!l!~t ef the pettttem ~hie letS'er. feel etre~gly that the variaaoe mhe~Lld be allewed. Si~ae the.b~A1Ai~l i~ fer faCe, er ~eqt uae e~ly, l eaa. aee me diffi~XSy i~ the o~t~eaS~e~... ~e l~~e Ikl!1~m btu ~oed aid oommiAea~t$ ~otfkbona aid will oontim~o ~e oo. IAfkl~t om~m pe~i~ie~ ~ the ~ea~l. Arthur F. ~m~hill, See-Sreal~rer & Direetor T~thill~e~gialewPreperty CerperaSiem MAIN ROAD- STATE ROAD 25 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR, SERGE DOYEN, .JR. ROBERT J. DOUGLASS JOSEPH H. SAV/ICKI Rudolph H. Bruer, Esq. Main Road Southold, NY 11971 SOUTHOLD, L.I., N.Y. TELEPHO~ 765-1809 1982 Re: Appeal No. 2986 Variance Application of Peter D. Dear Mr. Bruer: Pizzarelli Please be advised that it was the consensus ~ the board members at a Regular Meeting held May 7, 1982, to tabl? the application of Peter D. Pizzarelli pendSng receipt by this board of favorable comments from~he N.Y.S. Department of Environmental Conservation ~n~sm~ch as this matter appears to fall within their juri~dlctlon pursuant to<Section 661.5 of the Tidal Wetlands~and Use Regulations. ~ Please keep us advised. Once you have received their comments, we will be in a position to schedule this application for a public hearing as early'as possible. Yours very tr~ly, GERARD P. GOEHRINGER CHAIRMAN By Linda F. ~Kowalski Secretary..- REASON FOR APPEAL Cl~tinued 1. STRICT APPLICATION OF THE ORDINANCE wouId produce practical difficulties or unneces- sa~.HARDSHIP beca~ Appellant would be unm~le to provide affo~able accomodations for his wife, a. parent.~,. ~who~.~a~! ~lF ~ ~ished health and must f be in close proaimity ~o and where they can be cared for by their only .daUghter; The proposed_. ~w~l~fig ~:uni'c. W[ll~tain no cooking facilities. The proposed dwelling ~Un~t would be situated on Appe!lant's 2.979 ac~e ~parcel and will not change the l~o~ulation density for ~his parcel as there is in excess of 80,.~'square feet of property. 2. The hardship created is UNIQUE and is not shared by all p~ies alike in the immediate vicinity of this property and in this use district because There are othe: separate ~ guest facilities loads'ced on propert, ies .in the ~diate vicinity. Appellant has a large parcel of land, more than adequate to aCCommodate the proposed dwelling unit. 3. The Variance would observe the spirit of the Ordinar'~i and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the ~ropose~l aonstruction ~ii1 retain the strictly residential character of the ~etrict. Your apl~llant does not intend to ever subdivide this pa~el and will abide by any specific controls that the Zoning Board of Appeals may deem to impose as a condition of its approval. STATE OF NEW YORK ) ) SS couNw '" ~...w'/jSW~Nb~6~ Pu~~~'~'~day of .......................... M..a~ ......................... 19 82 flUDOLPH H. BRUER Commi~loe, ~ M~,reh ~0. 1 ~..~' el'OWN OFSOUTHOLD, NEW YORK~ APPEAL FROM DECISION OF BUILDING INSPECTOR DATE 5/6/82 TO THE zONING BOARD OF APPEALS, TOWN OF SOUTHOLD, 1~1. (We) ........... :....:.,..Of ........ ....................................... Name o4 ~opellont~- Street and-Number Peconic Ns~ . . HEREBY APPEAL TO . MunicipQlity · State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ........ .4./.2..9/..8...2. ............................. WHEREBY THE BUILDING INSPECTOR DENIED TO Nome of Applicant for permit of P.O. BOX 214. Peconic, N.Y. Street and Number Municipality State (X) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (X) PERMIT TO CONSTRUCT 1. LOCA I0 OF THE PRO ERTY 5710 'Tnd",an Neck Lane, -~ecOn'~¢ .A-Res-. Street '*Use District on Zoning Map Min,o. ?.?.Lo...n... g ......... ' .. _3. ...... Map No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article III, Section 100-30A and Article III, Section 100-30C 3. TYPE OF APPEAL Appeal is mode herewith for (X) A VARIANCE t° ithe Zoning Ordinance or Zoning Map (:) A VARIANCE:due to lock of access . (State of New York Town Low Chap. 62 COns. Laws Art:- 16 Sec~ 280A Subsectio~ 3 ' " · has not 4. PREVIOUS APPEAL A previous appeal ~ (I-m~3{~') been' made ~ith respec~ tO this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... ( ) ~) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance isr~uest~ forth~rea~nthat Appellant desires to construct an addition to an eXisting accessory building on the subject premises;' thereby converting same into a two bedroom cottage for family and guest use. ~0rm ZBI (Continue on other side) /UDITH T. TERRY TOWN C~RK RJEGlSTRAR OF VITAL STATISTICS TELEPHONE (516) 765-1801 Southold, L. I., N. Y. 11971 May 6, 1982 To; S~uthold Tow~ Zening Board of Appeals From; Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal No. 2986 application of Peter D. PizzarellJ for a variance. Also included is notification to adjacent Property owners; Short Environmental Assessment Form; Letter relative to N.Y.S. Tidal Wetlands Land-Use; Notice of Disapproval from the Building Department; and survey. JTT/bn Enclosures ~i~OARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of to the Board of Appeals of the Town of Southold TO: Mr. William VanTreuren Ms. Patricia L. Wood Tuthill Bungalow Prop. Inc. NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold ) to request a (Variance) ($1:l~Rllloe~ (S~1~e~t:lr-~l~ (tlt~::l~al:l~ ~ ). 2. Thattheproperty whichisthesubjectofthePetitionislocatedadjacenttoyourpropertyandisdes. cribedasfollows: North by VanTreuren; East by Tuthill Bunqalow Prop. Inc.~ South by Hog Neck Bay; and West by Wood. Known as 5710 Indian Neck Lane, Peconic, N.Y. 3. Thattheproperty whichisthesubjectofsuchPetitionislocatedinthefoUowingzoningdistrict: A - Residential/Aqricultural 4. ThatbysuchPetition, theundersigned willrequestthefollowingrelief: oermission to con- struct an addition to an existing accessory building on the subject premises, thereby converting same into a two bedroom cottage for family and guest use. $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article III Sectic~s 100-30A and 100-30C 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma)' then and there examine the same during regular office hours. (5~16) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Petitioner Post Office Address c/o Edson & Bruer, Esqs. Main Road, Southold, N.Y. PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS Mr. William VanTreuren 54 Rockledge Road Montville, New Jersey 07045 Ms.. Patricia L. Wood Peconic, New York 11958 Tuthill Bungalow Prop. Inc. c/o A. F. Tuthill Williston, Vermont 05495 STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: Dorris B. Clay , residing at 780 Sutton Place, Greenport, New York 11944 , being duly sworn, deposes and says that on the 6th day of May ,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 Town of Southold; that said Notices were mailed at the United States Post Of- fice at Southold, New York ; that said Notices were mailed to each of said persons by (certified) (rJ[~i,~l:iceeiI) mail. Sworn~-~r~'e~ me this 6th RUDOLPH H L~RUTR Notary Public, State of N~wv York i N q'rR IJCT1 10. . ¥.~ X No ¥.~ X No ,, Y.m X No y~ X No ...... ¥.m ~ N~ Tm. X No Yom X No ¥~ X No Y~ X No May 6, 1982 (Today's Date) To: Re: Southold Town Board of Appeals Main Road Southold, NY 119~1 Appeal Application of Peter D. Pizzarelli Location of Property: 5710 Indian Neck La., Peconic, Surf. Co. Tax Map designation: 1000 98 - 5 - 14.3 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 Environmenta~ Conservation Law, please be advised that the subject property in the within appeal application: (please check one box) [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in very good condition and at least 100 feet in length.* May be 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. Ix] May be located within 300 feet of t~da! wetlands; and there is no bulkhead or concrete wall existing on the premises. [ ] Is not located within 300 feet of tidal wetlands to 'the best of my knowledge.* [Starred items (*) indicate your property does not appear to fall within the jurisdiction of the N.Y.S.D.E.C.] Sin~c3~-~l~ yoBrs, t ~--~orney for Appellant PIZZAF4ELLt