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Home My WebLink About2886 acTioN OF THE zo~m~ Appeal No. 2886 Dat~ September To Mr. Nicholas D. Yuelys 6159 Broadway New York, NY 10471 14, 1981 Appenant at a meeting of the Zonhag Board of Appeals on February 26, 1982 was considered and the action, hni~ea~l below was ~en on yo~ ( ] Request for v~nce due ~ [ack of access ~o pr0~ ( ) Request fer a s~al exception ~ider ~e ~g Ord~ce ~ ) Req~st f~ a v~ce ~ ~e Zon~g ~ce ~t. III, Sec. 100-32 ( ) the appeal ~anted ( ) be denied p~suant to Article .................... Section .................... ~bsection .................... para~aph .................... of the ~ning Ordinan~ mud t~ decision of the Build~g Inspeeter ( ) be rev~s~ ( ) be ~~se Rehearing held 2/26/82: Application of Nicholas D. Yue!ys, 56005 County Road 48, Greenport, NY for a rehearing of Appeal No. 2886 for a variance to the zoning ordinance, Article III, Section 100-32 for permission to construct accessory building in the frontyard area at 56005 C.R. 48, Greenport, NY; bounded north by L.I. Sound; west by Chudan; south by C.R. 48; east by Atwan. County Tax Map Parcel No. 1000-44-1-19. (SEE ATTACHED) 2. VARIANCE. By resolution of the Board it was determined that (a) St~ct application of the Ordinance (would) (would n~t) produce hardship because (SEE ATTACHED) practical difficulties or unnecessary (b) The hardship created (is) (is not) unique and (would) (would not) be shared by ail properties alike /n the immediate vicinity of this property and in the same use district because (SEE ATTACHED) (c) The variance (does) (does not) observe the spirit of the Ord/nance and (would) change the character of the district because (SEE ATTACHED) (would not) and therefore, it was further determ/ned that the requested variance ( ) be ~ranted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. GPG: lk FORM ZB4 Gerard P. Goehringer, ZONING BOARD OF APPEALS Chairman Page 2 Decision Rendered February 26, 1982 Matter of Nicholas D. Yuelys - Appeal No. 2886 This matter is a rehearing for an area variance to permit a storage accessory building in the frontyard area of the premises in question. The premises in question is located at the north side of County Road 48, Greenport (Suffolk County Tax Map District 1000, Section 44 Block 1 Lot 19). The property has a frontage along the County Road of approximately 50 feet, and an average depth of 133 feet. There is erected on the property a one-family private wood frame dwelling. Applicant has previously applied to this board for a storage and garage accessory building in the frontyard area, for which public hearings were held on December 29, 1980 (Appeal No. 2769) and on October 15, 1981 (Appeal No. 2886), at which times the relief requested were denied without prejudice. Upon inspection of the property and the neighboring parcels, the board has found that the parcel immediately adjacent on the east side has constructed thereon a dwelling with an accessory structure set back less than 10 feet from the southerly property line (C.R. 48) in the frontyard. The board has also been advised that the N.Y.S. Department of Environmental Conservation has permitted the location chosen for an accessory building in the frontyard area, under TW #15273-0114. The existing dwelling is very near tidal wetlands area, the rear yard, and it is the feeling of the board that the only other available yard area, the most practical and feasible under the circumstances, is the front yard. In considering this appeal, the board determines that the variance request is not substantial; that the circumstances herein are unique; that strict compliance with the zoning ordinance will result in practical difficulties; t~at by allowing the variance no substantial detriment to adjoining properties would be created; that the difficulty cannot be obviated by a method, feasible to appellant, other than a variance; that no adverse effects will be produced on available governmental facilities of any increased population; that the public health, safety and welfare will be secured and justice done; and that the relief requested will be in harmony with and promote the general purposes of zoning. On motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, that Nicholas D. Yuel~s be granted a variance to the zoning ordinance, Article III, Section 100-32 for permission to construct accessory storage building in the frontyard area as applied for and SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the size of the accessory storage building shall not exceed the size 8' by 16'; 2. That the accessory storage building not be located closer than 14' from the front property line (along C.R. 48); 3. That nothing may protrude closer than three feet to the Page 3 Decision Rendered February 26, 1982 Matter of Nicholas D. Yuelys - Appeal No. 2886 easterly property line; 4. That the accessory storage building may not exceed ten feet in height (including any ridges); 5. That the accessory building may not be used for living quarters, (strictly storage purposes). Location of Property: 560~County Road 48, Greenport, NY; County Tax Map Parcel No. 1000-44-1-19. Vote of the Board: Ayes: Goehringer, Grigonis, Doyen, Doug- lass and Sawicki. This resolution was unanimously adopted. R~.,~EIVED AND FILED BY TEE S©U~O~D TCWN CLERK ~/ Tov~n Clerk, Town o~ ~thold TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 2886 by application Dated September 14, ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD Mr. Nicholas D. Yuelys 1981 Appellant at a meeting of the Zoning Board of Appeals on October 15, 19 81 was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance (X~) Request for a variance io the Zoning Ordinance Art. IIIt Sec. ( ) the appeal 100-32 1. $~`~`~X~:M9:~:~r~mvt~h~v~ga~X~(.~fev~hv~aX~c~q~X~.~t~n ( ) be ~anted ( ) be de.ed pursuant to Article .................... Sect~n .................... S~section .................... para.apb .................... of the Zoning O~ance and the decis~n of ~e BuiM~g I~pector ( ) be reversed ( ) be ~m~ax~m~e Public Hearing 10/15/81: Application of Nicholas D. Yuelys, 56005 County Road 48, Greenport, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to con- struct accessory building (garage) in the frontyard area at 56005 County Road 48, Greenport, NY; bounded north by L.I. Sound; west by Chudan; south by C.R. 48; east by Atwan. County Tax Map Item No. 1000-44-1-19. (SEE REVERSE SIDE) 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because (SEE REVERSE SIDE) practical difficulties or (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the~ same use district because (SEE REVERSE SIDE) (c) The variance (does) (does not) observe the spirit of the Ordinance and (woutd) change the character of the district because (would not) (SEE REVERSE SIDE) and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that'the previous deeislons of the Building Inspector ( ) be confirmed ( ) be reversed. CG:lk FORM ZB4 ZONING BOARD OF APPEALS Appellant has appealed to this Board seeking a variance to construct an accessory building, to wit, garage, in the frontyard approximately 13 feet north of the County Road and approximately two feet from the easterly property line. Section 100-32 of the Zoning Code permits the construction of an accessory building in the rearyard and such building shall be set back not less than three feet from any lot line. The premises in question is a parcel of land located on the north side of County Road 48, Greenport (Suffolk County Tax Map District 1000, Section 44, Block 1, Lot 19); and is bounded on the north by L.I. Sound; west by Candan; south by County Road 48; east by Atwan. There is presently erected on the lot a private one-family dwelling. The dwelling is set back approximately 30 feet. The lot contains an area of approximately 6,650 square feet. Appellant previously applied to this Board to locate the accessory structure (storage building) in approximately the same location as applied for herein. The previous appeal (No. 2769 was denied without prejudice on December 29, 1980, one of the reasons being the location did not appear to be the most feasible under the circumstances. The existing dwelling contains a square footage of approxi- mately 1,020 square feet and the proposed accessory garage would contain an area of approximately 360 square feet. Appellant's house is so situated on the lot such that the width of the easterly side yard is approximately eight feet, and the width of the side yard at the west of the house is approximately five feet at its nearest point. Appellant in his appeal has set forth the reasons for locating the accessory building as applied rather than in the required rear yard. All of the members of this Board have visited the site and are familiar with the structure located thereon as well as the terrain and the closeness of the waters of the L.I. Sound. Appellant has testified that he does not wish to locate the accessory building in any area other than as applied, and the Board does not agree with appellant's reasoning on this particular location. The Board finds and determines that a detriment to adjoining properties will be created if the variance is granted as applied for; that a substantial change in the character of the neighbor- hood will be produced; that a more feasible location of the proposed structure may be obtained, under the circumstances; that the structures would exceed the maximum permitted 20% lot coverage requirements of the zoning code; and that the interests of justice would not be served by granting the variance as applied for. However, the Board does recognize the appellant's need for a storage facility but does not agree with this specific location. On motion by Mr. Grigonis, seconded by Mr. Douglass, it was RESOLVED, that the application of Nicholas D. Yuelys, in Appeal No. 2886 be denied as applied for. Vote of the Board: Ayes: Messrs. Doyen, Douglass, Goeh- ringer, Sawicki and Grigonis. ECEIV£D AND FILED BY C]ezA, Town oJ Sound APPROVED Chairman B ai'd ' Southold Town Board of Appeals -25- February 26, 1982 (Appeal No. 2950 - James and Eve Mullins, continued:) Appeal No. 2950, be ~ranted a variance to the zoning ordinance for permission to construct an addition to dwelling as applied for and SUBJECT TO THE FOLLOWING CONDITION: That the addition not be closer than 23½ feet to the westerly property line. Location of Property: Corner of Sunset Lane and West Lane, Southold, NY; County Tax Map Parcel No. 1000-88-6-6. Vote of the Board: Ayes: Goehringer, Grigonis, Doyen, Doug- lass and Sawicki. This resolution was unanimously adopted. RESERVED DECISION: Appeal No. 2886. Application of Nicholas D. Yuelys, 56005 County Road 48, Greenport, NY for a rehearing of Appeal No. 2886 for a variance to the zoning ordinance, Article III, Section 100-32 for permission to construct accessory building in the frontyard area at 56005 C.R. 48, Greenport, NY; bounded north by L.I. Sound; west by Chudan; south by C.R. 48; east by Atwan. County Tax Map Parcel No. 1000-44-1-19. The public hearing on this matter was held earlier this evening, at which time decision was reserved, pending deliberations. The board made the following findings and determination: This matter is a rehearing for an area variance to permit a storage accessory building in the frontyard area of the premises in question. The premises in question is located at the north side of County Road 48, Greenport (Suffolk County Tax Map District 1000, Section 44 Block 1 Lot 19). The property has a frontage along the County Road of approximately 50 feet, and an average depth of 133 feet. There is erected on the property a one-family private wood frame dwelling. Applicant has previously applied to this board for a storage and garage accessory building in the frontyard area, for which public hearings were held on December 29, 1980 (Appeal No. 2769) and on October 15, 1981 (Appeal No. 2886), at which times the relief requested were denied without prejudice. Upon inspection of the property and the neighboring parcels, the board has found that the parcel immediately adjacent on the east side has constructed thereon a dwelling with an accessory structure set back less than 10 feet from the southerly property line (C.R. 48) in the frontyard. The board has also been advised that the N.Y.S. Department of Environmental Conservation has permitted the location chosen for an accessory building in the Southold Town Board of A~peals -26- February 26, 1982 (Appeal No. 2886 - Nicholas D. Yuelys, continued:) frontyard area, under TW #15273-0114. The existing dwelling is very near tidal wetlands area, the rear yard, and it is the feeling of the board that the only other available yard area, the most practical and feasible under the circumstances, is the front yard. In considering this appeal, the board determines that the variance request is not substantial; that the circumstances herein are unique; that strict compliance with the zoning ordinance will result in practical difficulties; that by allowing the variance no substantial detriment to adjoining properties would be created; that the difficulty cannot be obviated by a method, feasible to appellant, other than a variance; that no adverse effects will be produced on available governmental facilities of any increased population; that the public health, safety and welfare will be secured and justice done; and that the relief requested will be in harmony with and promote the general purposes of zoning. On motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, that Nicho~.a.s' D. Yuelys be granted a variance to the zoning ordinance, Article III, Section 100-32 for permission to construct accessory storage building in the frontyard area as applied for and SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the size of the accessory storage building shall not exceed the size 8' by 16'; 2. That the accessory storage building not be located closer than 14' from the front property line (along C.R. 48); 3. That nothing may protrude closer than three feet to the easterly property line; 4. That the accessory storage building may not exceed 10' in height (including any ridges). 5. That the accessory building may not be used for living quarters, (strictly storage purposes). Location of Property: 56006 C.R. 48, Greenport, NY; County Tax Map Parcel No. 1000-44-1-19. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was unanimously adopted. 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 Southold Town Hall, Main Road, Southold, NY on Thursday, October 15~ 1981 commencing at 7:15 o'clock p.m. as follows: 7:15 p.m. Application of Carl H. King, 350 King Street, Orient, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory building in the frontyard area at 350 King Street, Orient; bounded north by Navy Street; west by Shaw and Nolan; south by King Street; east by Tyrrell; County Tax Map Parcel Item No. 1000-26-1-27. 7:20 p.m. Application of Pequash Recreation Club, Inc., Box 902, West Road, Cutchogue, NY (by Richard F. Lark, Esq.) for a Variance to the Zoning Ordinance, Article III, Section 100-35 for permission to construct fence along frontyard area exceeding the maximum height requirements for fences. Location of Property: 205 West Road, Cutchogue; bounded northwest by Morris; southwest by Cutchogue Harbor; northeast by West Road; southeast by Cutchogue- New Suffolk Park District; County Tax Map Parcel Item No. 1000- 110-7-12o 7:30 p.m. Application of Virginia Lo Wickham, 105 Old Harbor Road, New Suffolk, NY for a Variance for approval of access, New York Town Law Section 280A. Location of Property: 105 Old Harbor Road, New Suffolk; bounded north by Wickham; east by Cutchogue Harbor; south by Wickhem; west by H. Wickham; County Tax Map Parcel Item No. 1000-117-3-1. 7:40 p.m. Application of Toba Laja Orro, 187 Berry Hill Road, Syosset, NY 11791, for a Variance to the Zoning Ordinance, Article III, Section 109-31 for permission to build new house with insufficient front and rear yard Road (a/k/a 1945 East Gillette Drive), Manor Subdivision, Filed Map No. 2038, area at 435 Cleaves Point Ease Marion, NY; Marion Lot No. 83; further Legal ~ctice - Page 2 Regular Meeting for October 15, 1981 identified as County Tax Map Parcel Item No. 1000-38-4-27. 7:50 p.m. Application of Toba La3a Orro, 187 Berry Hill Road, Syosset, NY for a Variance to the Flood Damage Prevention Law of the Town of Southold, Section 46-18 for permission to construct basement floor below the minimum base flood elevation requirements at 435 Cleaves Point Road, East Marion, NY; Marion Manor Subdivision, Filed Map No. 2038, Lot No. 83; further iden- tified as County Tax Map Parcel Item No. 1000-38-4-27. Rehearing. 7:55 p.m. /Application of Robert T. Bayley, 55 West 16th Street, New York, NY 10011 (Robert W. Gillispie III as agent), for a Variance for approval of access, New York Town Law Section 280A. Location of Property: Right-of-Way off the east side of South Harbor Road, Southold, NY; bounded north by Stewart and Freund; west by Paul; ~south by the bay; east by Ballenger; County Tax Map Parcel Item No. 1000-87-1-21. 8:10 p.m. Application of Nina S. Fischer, Indian Neck Lane, Peconic, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addition to existing dwelling with an insufficient sideyard setback at 7130 Indian Neck Lane, Peconic; bounded northwest by Cukor; southwest by Hog Neck Bay; northeast and southeast by Prellwitz. County Tax Map Parcel Item No. 1000-86-7-8. 8:20 p.m. Application of Lenore Adamson, 55 Ships Drive, Southold, NY (by Thomas F. Day, Esq.) for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient area for division of premises located at North Bayview Road and Ships Drive, Southold, NY; bounded north by North Bayview Road; west by Ships Drive; south by Mullen; east by Reese. County Tax Map Parcel Item No. 1000-79-3-9 & 10. 8:35 p.m. Application of Joseph L. Lizewski, Main Road, Cutchogue, NY (by William H. Price, Jr., Esq.) for a Variance to the Zoning Ordinance, Article III, Section 100-30 for permis- sion to construct pr~ssional office building an A-Residential -_Legal Notice - Page~3 Regular Meeting for< Jctober 15, Southold Town Board of Appeals 1981 and Agricultural Zone with existing dwelling use at 29325 Main Road (a/k/a 320 Depot Lane), Cutchogue; bounded northwest by Fogarty; southwest by Depot Lane; northeast by Dunne; southeast by Main Road. County Tax Map Parcels No. 1000=102-2-12.1 and 11. 8:50 p.m. Application of Dominick and Rose DeMaio, by William J. Jacobs as agent, c/o Box 199B, Depot Lane, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct new dwelling with insufficient front and rear yard areas at Cedar Point Drive West, Southold, NY; bounded north by Cedar Point West; west by Giordano; south by West Lake; east by Soverel; County Tax Map Parcel No. 1000- 90-1-4. 9:00 p.m. Application of Nicholas D. Yuetys, 56005 County Road 48, Greenport, NY for a Variance to the Zoning Ordinance, 44-1-19. 9:15 p.m. Application of Victor L'Eplattenier, Box 361, Peconic, NY (by Rudolph H. Bruer, Esq.) for Variances: (1) for approval of access, New York Town Law Section 280-a and (2) to the Zoning Ordinance, Article III, Section 100-31 for permis- sion to build new dwelling with insufficient front and rear yard setbacks at Lake View Avenue and Dickinson Street, Peconic, NY; bounded by Dickinson Street; west by Lake View Ave.; south by Garrido; east by Garrido; further identified as Subdivision Lots No. 57 and 58, Peconic Shores Subdivision Filed Map 654. County Tax Map Parcel Item No. 1000-67-3-12. Article III, Section 100-32 for permission to construct accessory building (garage) in the frontyard area at 56005 County Road 48, Greenport, NY; bounded north by L.I. Sound; west by Chudan; south[ 48; east by Atway. County Tax Map Parcel Item No. 1000- 9:25 p.m. Application of Alan A. Cardinale, Bridge Lane, Cutchogue, NY for a Variance to the Zoning Ordinance, Article VII, Sections 100-70 and 100-71, Article VI, Section 100-62, to construct drive-in roof addition and alteration with an insuffi- cient frontyard and further reduction of landscaped area, for Legal Notice - Page 4 Regular Meeting for October 15, Southold Town Board of Appeals 1981 bank use. Location of Property: North side of Main Road, Matti- tuck, NY; bounded west by Factory (Railroad) Avenue; south by Main Road; north and east by Bethany Cemetery Association. County Tax Map Parcel Item No. 1000-142-1-26. 9:30 p.m. Application of Warren E. Hufe, Jr. and Ellen Hufe, Wells Avenue, Southold, NY (by Rudolph H. Bruer, Esq.) for a Variance to the Zoning Ordinance, Article VII, Section 100-70 for permission to utilize B-1 General Business Zoned premises for manufacturing at 45655 C.R. 48 and Youngs Avenue, Southold, NY; bounded north by Harris and Dickerson; west by Youngs Ave.; south by C.R. 48; east by Edson. County Tax Map Parcel Item No. 1000-55-2-16. 9:35 p.m. Application of Warren E. Hufe (for Future Screw, Inc.), North Road, Special Exception to the Zoning Ordinance, Hufe~ Jr. and Ellen Southold, NY for a Article VIII, Section 100-80(B) for permission to utilize the subject premises for Light Industrial Use. Location of Property: 45655 County Road 48 (a/k/a 3750 Youngs Avenue), Southold, NY; bounded north by Harris and Dickerson; west by Youngs Ave.; south by C.R. 48; east by Edson. County Tax Map Parcel Item No. 1000- 55-2-16. 9:35 p.m. Application of Warren E. Hufe, Jr. and Ellen Hufe (for Future Screw, Inc.), North Road, Southold, NY for a Special Exception to the Zoning Ordinance, Article XI, Section 100-1lSD to use existing two-story house for dwelling use in a B-1 General Business Zone. Location of Property: 45655 County Road 48 (a/k/a 3750 Youngs Avenue), Southold, NY; bounded north by Harris and Dickerson; west by Youngs Ave.; south by C.R. 48; east by Edson. County Tax Map Parcel Item No. 1000-55-2-16. 9:50 p.m. Application of Peter and Pat Lenz, Main Road, Peconic, NY for a Variance to the Zoning Ordinance, Article III, Section 100-35A for permission to construct gate and fence ~xceeding maximum height limitations at 38350 Main Road, Peconic; bounded northwest by L.I.R.R.; southwest by Otto Keil Florists; Legal Notice - Page 5 Regular Meeting for October 15, Southold Town Board of Appeals 1981 northeast by Cichanowicz; southeast by S.R. 25. County Tax Map Parcel Item No. 1000-85-2-17. 9:55 p.m. Application of Stanley J. Fliss, Jr. for Mattituck Air Base, 840 Bray Avenue, Mattituck, NY for a Variance to the Zoning Ordinance, Article VIII, Section 100-80 for permis- sion to construct addition to office building with an insufficient frontyard at 410 Airway Drive, Mattituck; bounded north by Bagshaw, Wickham; west by Peconic Corp.; south by Park Ave.; east by Wickham, Parkin, Tandy, Kujawski. County Tax Map Parcel Item NO. 1000-123-1-2. 10:05 p.m. Application of Katherine Ebert for Mattituck Holding Corp., Mattituck, NY (by Norman A. Reilly as agent), for a Variance for approval of access, New York Town Law Section 280A. Location of Property: Right-of-Way off West Mill Road, Mattituck, NY; bounded north by Mill Road and Killian; west by Leogrande and Cox Neck Road; south by Chudiak, McGunnigle, Zeigler, DeMaula and North Drive; east by Matqituck Creek; and near Boscola. County Tax Map Parcel Item No. 1000-106-6-part of 13.3. 10:25 p.m. Recessed hearing of Matthew McKiernan. Dated: October 2, 1981. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS Instructions to newspapers: Please publish once, to wit, Thursday, October 8, 1981 and forward affidavits of publication to L. Kowalski, Secretary, Board of Appeals, Town Hall, Main'Road, Southold, NY 11971. On 10/6/81, Legal Notices mailed to each applicant or his agent listed as follows: Mr. Carl H. King (c/o Judy) Richard F. Lark, Esq. as attorney for Pequash Recreation Club Pequash Recreation Club Virginia L. Wickham Toba Laja Orro Robert T. Bayley and Robert W. Gillispie III, North Fork Agency Nina S. Fischer Lenore Adamson and Thomas F. Daly, Esq. Joseph L. Lizewski William H. Price, Jr. as attorney for Lizewski Dominick and Rose DeMaio and William J. Jacobs as agent Nicholas D. Yuelys Rudolph H. Bruer, Esq. as attorney Victor L'Eplattenier Alan A. Cardinale Rudolph H. Bruer, Esq. as attorney Mr. and Mrs. Warren E. Hufe, Jr. Mr. and Mrs. Peter Lenz Mr. Stanley J. Fliss, Jr. for Mattituck Air Base Katherine Ebert for Mattituck HOlding Corp. Mr. Norman A. Reilly as agent for Mattituck Holding Corp. Mr. Matthew McKiernan for L'Eplattenier for Future Screw, Inc. (Hufe) Copies of the Legal Notice were forwarded to Suffolk Times and L.I. Traveler on 10/5/81. 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 Friday, February 26, 1982 commencing at 7:30 and as follows: 7:30 p.m. White Plains, Article III, Section 100-31, for permission to construct deck addition to dwelling with an insufficient rearyard setback at 465 Private Road #3 (off Pine Neck Road), Southold, NY; bounded north by Jockey Creek; west by Dyer; south by Norris; east by Shecter; County Tax Map Parcel No. !000-7~-6-16. Application of Clara Prout, 107 Greenacres Avenue, NY 10606, for a Variance to the Zoning Ordinance, 7:40 p.m. Application of Anastasios and Anna Parianos, 43-21 Astoria Blvd., Long Island City, NY 11105, (by Gary Flanner Olsen, Esq.) for a Variance to the Zoning Ordinance, Article III, Sections 100-30 and Bulk Schedule, for permission to reconstruct and locate second dwelling as existed prior to destruction by fire with insufficient yard areals) at the southwesterly corner of Peconic Bay Boulevard and Sigsbee Road, Laurel, NY; more parti- cularly known as Lot 1G8A on Amended Map of Mattituck Park Proper- ties, Inc., Map No. 801; County Tax Map Parcel No. 1000-126-5-13. 7:50 p.m. Application of Dimitrios Pavlidis, by Garrett A. Strang, Box 1412, Southold, NY, for a Variance to the Zoning Ordi- nance, Article III, Section 100-31 for permission to construct one-family dwelling with an insufficient rearyard setback at 790 Hickory Avenue, Southotd, NY; bounded northwest by Williams; west by Hickory Avenue; southeast by Carroll; east by Dow; County Tax Map Parcel No. 1000-54-6-6. 7:55 p.m. Application of Barney Monticello, Basin Road, Southold, NY (by William B. Smith) for a Variance to the Zoning Ordinance, Article Iii, Sections 100-30 and 100-35 for permission to construct tennis court on a corner lot, described as Lot 6 on Map of Paradise Point, Map No. 3761; County Tax Map Parcel No. 1000-81-1-12. 8:05 p.m. Application of Mr. and Mrs. James Mullins, Box 882, Southold, NY for a Varlance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addition to dwelling with reduced frontyard area off Sunset Lane. Location of Property: Corner of Sunset Lane and West Lane, Southold, NY; bounded north by Dickerson; west b~ Sunset Lane; south by West Lane; east by Mullins; County Tax Map Parcel No. 1000-88-6-6. Page 2 - Leqal Notice Southold Town Board of Appeals Meeting for February 26, 1982 8:15 p.m. Application of Nicholas D. Yuelys, 56005 County Road 48, Greenport, NY for a rehearing of Appeal No. 2886, for a variance to the zoning ordinance, Article III, Section 100-32 for permission to construct accessory building in the frontyard area at 56005 C.R. 48, Greenport, NY; bounded north by L.I. Sound; west by Chudan; south by C.R. 48; east by Atwan. County Tax Map Parcel No. 1000-44-1-19. 8:25 p.m. Recessed hearing of Appeal No. 2944, application of Barbara K~jawski to conduct real estate branch office on premises zoned "A" Residential, known as 125 Sound Avenue, Matt- ituck, NY. DATED: February 4, 1982. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN By Linda Kowatski, Secretary Instructions to newspapers: Please publish once, to wit, Thursday, February 18, 1982 and forward six affidavits of publication to: Board of Appeals, Main Road, Southold, NY 11971, on or before February 24th. (Tel. 765-1809) Copies have been forwarded on Suffolk Times L.I. Traveler-Watchman 2/12/82 to the following: MS. Clara Prout, 107 Greenacres Avenue, White Plains, NY 10606 Ms. Clara Prout or Thomas Reed, Pine Neck Road, Southold, NY 11971 Gary Flanner Olsen, Esq. (for Parianos), Main Road, Mattituck 11952 Mr. and Mrs. A. Parianos, 43-21 Astoria Blvd, L.I.C., NY 11105 Mr. Garrett A. Strang as agent for Pavlidis, Box 1412, Southold Mr. William B. Smith as agent for Monticello, Main Road, Southold. Mr. Barney Monticello, Basin Road, Southold 11971. Mrl and Mrs. James Mullins, 444 EaSt 20th Street, NYC 10009 1715 Sunset Lane, Southotd 11971. Nicholas D. Yuetys, Esq., 6159 Broadway, Bronx, NY 10471 Mrs. Barbara Kujawski, 125 Sound Avenue, Mattituck, NY 11952 FORM NO. 3 ~-'~ ~' TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ vo. #/~.%77 ..... 2>. .... ...... ¢.( .5'.57. ~ Date ~'~E ~/ /y 19 ~ PLEASE TAKE NOTICE that your application dated .............. . .~.~.-.~..7 .... /.719 ..~./. for permit to construct..~..E~...]~...~.~....]~...~..S.0..~.'[..."~..( .t~..I .~..~.7.. (..~5.~.~.c.~.3 ......... at LocationofPro~ert, ..~ ~ 005 f_j~)O iXUfx( ~-~O~:j.b% t.f ,ff ~"l~-l~{,,,L..~O~p,~T House No. Street Hamlet County Tax Map No. 1000 Section ....... .~..L/.,, Block ........ /. ..... Lot i../.~. ........ Subdivision ................. Filed Map No ................. Lot No ..... "7.. 77 ........ is returned herewith and disapproved on the following grounds ]~C &- ~ 0 ~ ¥ ~ U I t~ ~ ~ ~ ¢..~.'-.5...?~x ?.! ~.?.gh...i~.. ~.~.0~ .... Y0.~ ~...Z. %~.'.-.. !.~ .... ?..~.?z... .y~.w.~ .......... .A~...~ ..... ~.q.o..._.~. ;~_ ............................... Building Inspector FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y, 11971 TEL.: 7§5-1503 Examined ................. 19. Approved ................. -19... Permit No ............ Disapproved a/c ....... ; ............................. Application Nc ................ (Building Inspector) APPLICATION FOR BUILDING PERMIT INSTRUCTIONS a. This application must be completeJy filled in by typewriter or in ink and submitted in triplicate to the Buildi Inspector, with 3 sets of plans, accurate pict plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship To adjoining promises or public stre{ or areas, and giwng a detailed description of layout of property must. be drawn on the diagram which is part of this apt: cation. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon apprc-,'al of this application, the Building Inspector wilt issue a Building Permit to the applicant. Such pen] shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or m part for any purpose whatever until a Certificate of Occupan shall have been granted by the Building Inspector. APPLICATION iS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to t Building Zone Ordinance of the Town ~>f Southold, Suffolk County, New York, and other applicable Laws, Ordinances Re=radiations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein describe The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and admit author/zed inspectors on premises and in buildings for necessary inspections. (Signature of applican~a corporation) (Malting address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or build, .......... ggw~..~. :../q..~.. ~ ~. ¢.~.~. ............................................................. Nmne *f owner of premises . .~./.C/-/..~.~..~. .... .~.......~.~..~.~. ¥..5 ......................................... (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. (Name and title of corporate officer) Bmlder s L~cens~ No. ~O't~. ~. ~ Plum ber'sLicenseNe ......................... Electrician's License No.' ...................... Other Trade's License No ...................... Location of land on which proposed work will be done..../~'..O..~.r'..P~... .~....,'5~.., ....... o,..~.~-./~.~..~. ........... .. ........ ............ ? ....... House Number Street Hamlet County Tax Map No. 1-000 Section ..... .~..~. ......... Block .... /. ............. Lot ! 6~ Subdivismn ..................................... Filed Map No ............... Lot .............. (Name) State ex~stmg use and occupancy of nremises and intended u~e and occupancy of proposed construction: · '' /~ ~ /n,.w~ g~, . . a. Existing use and occupancy .../. .... .15.~/2'2 .~ .g.~ ........ < .................................... b. Intended use and occupancy .~/4~.....~/'~!//~...~. ~t'. fi..~'.. L Nature of work (check which ap ble): New Building .......... Add V Alteration Repair .............. Removal .............. Demolition .............. Other Work ............... ~ .~ (Description) Estimated Cost ~,..~'d)~ Fee /~'~' - (to be paid on filing this application) ;. If dwelling, nmnber of dwelling units ............... Number of dwelling units on each floor ................ If garage, number of cars ........................................................................ L If business, commercial or mixed occupancy, specify ~ature and extent of each type of use ..................... ~. Dimensions of existing structures, if any: Front ............... Rear .............. Depth ............... lteight ............... Number of Stories ........................................................ Dimensions of same structure with alterations or additions: Front Rear .................. Depth ...................... lteight ...................... Number of Stories ...................... I. Dimensions of entire new construction: Front ............... Rear ............... Depth ............... Height ............... Nulnbcr of Stories ........................................................ }. Size of lot: Front ...................... Rear ....................... Depth ...................... ). Date 0f Purchase ............................. Name of Former Owner ............................. i. Zone or use district in which premises are situated ................................... :. ............ ..... !. Does proposed construction violate any zoning law, ordinance or regulation: o.t.~.t.~.r.~.~....~'../~./. ..... ./q.~7.~..~... 1. Wilt lot be regraded ............................ Will excess fill be removed from premises: Yes No ~..Name of Owner of premises ,e,.~/r,~-t~r,,q ~...P., . .Y'.ct~.t'.,YSAddrcss ~.,'.g. ~. ~,~.~,,q~.~./O¥... Phone No.,~.~,~. g:~.~-, q~.. ,'~.~. Name of ,\rchit¢ct ......................... ... Address .... If./'.~.,r'~. ~,t .,4f. :~.... Phone No ................ N:une of Contractor .......................... Address ................... Phone No ................ PLOT DIAGRAM Locate clearly and distinctly all buihlings, whether existing or proposed, and. indicate all set-back dimensions from roperty lines. Give street and block number or description according to deed, and show street names and indicate whether tcrior or corner lot. 'FATE OF ~Ege~yC~tK OUN~rY OF .~"~~ · S.S ~" --'-- ~:~ ~')--~ "' 1~11 (~ 13'e[~ · · '.V. '/- '.'-14, ,~.L?~. ................ being duly sworn, deposes and says that he is the applicant (Name of individual signing contract) ,ore named. (Contractor, agent, corporate officer, etc.) [ said owner or ownem, m~d is duly authorized to perform or have performed the said work and to m~e and file ~plication; that all statements contained ~ this application are true to the best of his knowledge and belief; and that the · ork will be performed in the m~ner set forth ~ the application filed therewith. worn to before me this ........~ ~~~~~ ~a~ ~ ....... 19~.. .... , .... ~t~ · ~in~ Cou~v ~ , ,' TOWN OF ~OUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y~ A P A, NO. o2 o g DATE September 14, Name of Appellant Street and Number ................. J~..ar,_~..~..?Z .................................................. N .Y ........................ HERESY APPEAL TO Municipality State THE ZONtNG BOARD OF APPEALS FROM THE DECISION OF THE BUILDING {NSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED September 14, 1981 WHEREBY "THE BUILDING INSPECTOR DENIED TO (X) NICHOLAS D. YUELYS Name of Applicant for permit of 6159 Broadway, Bronx, N.Y. 10471 Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY PERMIT for Construction of Garage and Accessory Building 1981 1. LOCATION OF THE PROPERTY ..... .5..~.0...0..5....g..o...u~....t..y,_ R.~.a..d....4...8. L....G...r..e.,e.n.p.o..r..t..:.....N.....Y..: ....... Street Use District on Zoning Map .... .t..0..0...0. ............ $.~. g.~i.o~...4.4...8 3~a ~k .. 3k ..La.~ ..l 9 MOD 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 auote the Ordinance.) Article III Section 100-32 3. TYPE OF APPEAL Appeal is made herewith for (X~ A VARIANCE to the Zoning Ordinance or Zoning Map A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec 280A Subsection 3 4. PREVIOUS APPEAL A Dre¥ious appeal (has) (J~-'~'~) been made with resaect to this decision of the Building InsPector or with respect to this Drooerty. Such cppea~ was ( / reauest for a special permit ( × ) request for a variance and was made n Appeal No ....... 2.:7~.9 ................. Dated .~p~.li.qa.l:,~o,,,q..~..t;.~.~...~..2./..3,/..~.9...8..0. .... REASON FOR APPEAL ) A Variance to Section 280A Subsection 3 (X:~ A Vcrionce to the Zoning Ordinance ( ) is reouesrec for the reason-that the provisions o~ zozlJ_ng orcl±Ilaln_ce ~orbids the location of a garage and accessory building in the front yard. Form ZB! (Continue on other side) REASON FOR APPEAL Continued ]. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because this home is small and lacks any storage area and because it is located on the water level, an accessory building and garage cannot be built on the rear yard as required by the zoning ordinance. Since it is impossible to build on the rear yard, of necessity any construction must take place in the front yard. At present when this home is closed after the summer, (being strictly seasonal), everything must be moved into the house. There is absolutely no storage area ~pace in the house which is not utilized and there still remains insufficient space to store the other summer items. The sail boat is stored in the front porch with considerable difficulty. The other boat is left outside. Many items have to be carted to the city. An accessory building is an absolute necessity. The reason for the garage is not to change the character of the neighborhood~so that it would be identical to the existing garage on ATWAN'S property. In order to comply with the previous request of the Board, the garage is added so as to not change the character of the neighborhood. The previous application is attached hereto and made part hereof, along with the decision dated January 13, 1981. The strict application of the ordinance would render the construction impossible in view of the fact that the erosion of the sound and the rising of the waters during the winter cannot permit the construction in the front yard. 2. The hardship created is UNIQUE and is not shored by a{I properties alike in the imrnedJate vicinity of this property and in this use district because we are the only house in the area that is on a beach level with an open bottom that does have water in times of storm and stormy high tides and having only a front yard. The side yards being to close to the neighbor's property to be able to construct. There is no room to construct an accessory building except in the front yard. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because in addition to the reasons set forth in the application sworn to b~ the applicant on December 2, 1980 and attached hereto and made part of this application, this application has a garage added to the construction. Exhibit A attached hereto shows that it will be constructed like the mirror image of the property adjacent to mine. Exhibit B shows the identical front as Atwans garage. The accessory building will be constructed exactly like the one on ATAWN'S property. The sole purpose of the garage building is to come within the outline of the Board's decision so as not to change the character of the neighborhood. It should be pointed out that the construction on the other side of any building (adjacent to Candan) would destroy the front lawn, small as it is, and deprive the main building of the winds which prevail in that area. The character of the district would not be changed in any respect and would enhance the character of the district. The applicant is a professional engineer and his opinion as such is that the construction would not change. the character of the district in any respect. C¢-~4,~0 a~ ~t'er~ ~) ) ss .': ........................... COUNTY OF BRONX ) NICHOLAS D. ~ F Sworn to this ............... .1..,1. t..h,. ..................... day of ............~f~p.t.f~.~ll~D.,r. ...................... ]981 .~.~ot'6 Fy PuSlic Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: Variance from the Zoning Code, Article III , Section 100-32 Variance from Determination of Southold Town Building Inspector -- Special Exception, Article , Section Special Permit Appeal No.: 2886 Applicant: Nl¢holas D. Yuel~s Location of Affected Land: 56005 C.R. 48, 6reenport County Tax Map Item No.: 1000- 44-1-19 Within 500 feet of: __ Town or Village Boundary Line XX Body of Water (Bay, Sound or Estuary) L.I. Sound State or County Road, Parkway, Highway, Thruway C.R. 48 __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. was granted COMMENTS: Applicant i~x~H~x~g permission to construct 8' by 16' accessory storage building not closer than 14' from the froDt Droper~y line (C.R. 48) and not closer than 3' to east property line. The accessory building also may not be used for livina auarters (strictly.storag~ Copies of Town file and related documents enclosed herewith for your review. Dated: March 25, 1982 Secretary, Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH R. SAWiCKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11~'71 TELEPHONE (516) 765-1809 Mr. NXoholas D. ~el~s 6]59 Broadway N'.~.w York, ITY 10471 ke: Appeal No. 2886 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. Yours very truly, Enclosure Copy of Decision to Building Department GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski, Secretary APPEALS BOARD MEMBERS CHARLES GRIGONI$,JR, SERGE DOYEN, JR, ROBERT J. DOUGLASS GERARD P. GOEHRINGER~ JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SDLITHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 February 12, 1982 Nicholas D. Yuelys, Esq. 6159 Broadway Bronx, NY 10471 Re: Appeal No. 2886 Dear Mr. Yuelys: This date our office received a request for a postpone- ment of one of the hearings originally planned preceding your hearing. Therefore, your hearing has been moved up from 8:30 p.m. to 8:15 p.m., February 26, 1982. We hope this time will be convenient for you. Yours very truly, lfk GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Secretary APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGER,, JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHrlLD, l.l., N.Y. 11971 TELEPHONE (516) 765-1809 February 11, 1982 Nicholas D. Yuelys, Esq. 6159 Broadway Bronx, NY 10471 Re: Appeal No. 2886 Dear Mr. Yuelys: This letter will confirm our telephone conversation this afternoon that the board has scheduled your matter for a re-hearing as requested for Friday, February 26, 1982 at 8:30 p.m. to be held at the Town Hall, Main Road, Southold, subject to receipt of certified mailing receipts addressed to the abutting property owners and an affidavit of mailing that a notice of rehearing on your application has been mailed to them prior to February 20, 1982. If you have any questions, please do not hesitate to call our office. Yours very truly, Enclosure Linda F. Kowalski Secretary EIOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of NICHOLAS D. YUELYS tO the Board of Ap_peals of the Town of Southold TO: HARINT CANDAN NORTH ROAD GREENPORT, N.Y. NOTICE TO ADJACENT PROPERTY OWNER ALPHONSE M.''ATWAN 50 Wimbledon Lane Great Neck, N.Y. 11020 YOU ARE HEREBY GIVEN NOTICE: 1~Thati~is~heintenti~n~ftheundersignedt~petiti~ntheB~ard~fAppea~s~f~heT~wn~fS~u~ho~d request a (Variance) (~i~::~faleflRYo~h~S~lYe~l~f:ft~q~ (the fo owing relief: To construct an accessory building in the fron~ yard adjacent to the lot owned by ALPHONSE M. ATWAN 2. That the property which is the subject of the Petition is located adjacent to your property and is des- .~:~ ~tibed as follows: ~ The Lot is 50 feet wide fronting on the County Road and extending in depth to the Long Is±an~ sound De,ween ~he lots of ~ANu~ ~nd A-~-WAN 3. Thattheproperty whichisthesubjectofsuchPetitionislocatedinthefollowingzoningdistrict: Residential 4. That by such Petition, fhe undersigned will request the following relief: A rehearing to be held on February 26, 1982 of the application dated December 3,1980 and known as Appeal No. 2769 for a Variance to construct an accessory building in the front yar~ on the sl~e or the io~ adjacent ~u A?W~. $.ThattheprovisionsoftheSouthold Town Zoning Codeapplicabletothereliefsoughtbytheunder. signedare: Art~]e TII Section 100-32 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 ) 765-1809 :: 7. That before the relief sought may be gran~d, a public hearing must he held on the matter by the Board of Appeals; that a notice of such hearing must~ be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such; notices; that you or your representative have the right to appear and be heard at such hearing. Dated: February 12: 1982 NICHOLAS D. YUELYS Post Office Address 6159 Broadway Bronx, N.Y. 10471 212 ~84-9330' PROOF OF MAILING OF NOTICF ADDRESS HARINT CANDAN NORTH ROAD, GREENPORT, N.Y. ALPHONSE M. ATWAN 50 Wimbledon Lane, Great Neck, N.Y. 11020 that on ~ , being duly sworn, deposes and sa~s the' ~_/_~_~_ day of ~, 19 ~ ~- , deponent mailed a true copy of the Notice set forth on the re- verse sidehereof, ~ach 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 Noti~:.es were mailed at the United States Post Of- rice at O'ff~'/ ~uw-a/~/~, ~,. ~'~,o~,Ty. /,/,Y,; that said Notices were mailed to each of said persons by (certified) (~ mail. / Sworn to before 'me this Nu. 03-4374~ ~ualified in B~'em~ L egal' NolJces pur~unnt to Secti~-n'267 or,he Town Law and the Provisions of the Amended Code of the Town of Sunthold, a Regular Meeting and the following public hearings will be held by the $outhold Town Board of Appeals at the Town Hall, Main Road, Southold, NY on Friday, February 26, 1982 commencing at 7:30 and as follows: 7:30 p.m. Application of Clara Prout, 107 Greenacrea Avera~, Vdfito Plains, NY 1~6, for a Variance to me zomng Ordinance, Article I11, Section 100-31, for permission to construct deck addition to dwelling with an insufficient rearyard setback at 458 Private Road #3 ( off Pine Neck Road), Sonthold, NY; bounded north by Jockey Creek; west by Dyer; SOuth by Norris; east by Shecter; CoUnty Tax MaP Parcel No. 1000-70-6-16. 7:40 p.m. Applicatio~ of Anastasios and Anna Pariunns, 43~21 Astoria Blvd., Long Island City, NY 1110~, ( by Gary Flanner Olsen, Esq.) for a Variance to the Zoning Ordinance, Article III, Sections 100-30 and Bulk Schedulel forpermission to reconstruct andlecate second dwelling as existed prior to destruction by fire with insufficient yard area(s) at the southwesterly~ corner of Peconic Bay Boulevard and Sigsbee Road, Laurel, NY; more particularly known as Lot 10SA on Amended Map of Mattituck Park Properties, Inc., Map No: 801; County Tax MaPParcel No. 1000-126-5-13. 7:50 p.m. Application of Dimitries Pavlidis, by Garrett A. Strang, B~ox 1412, Southo]d, NY, for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct one-family dwelling with an insufficient rearyard setback at 790 Hickory Avenue, Sunthold, NY; bounded northwest by Williams; west by Hickory Avenue; SOutheast by Carroll; east by Dow; County Tax Map Parcel No. 1000-54-6-6. ?:55 p.m. Application of .Barney Monticello, Basin Road, Sonthold, NY (by William B. Smith) for a Variance to the Zoning Ordinance, Article III, Sections 100-30 and 100-35 for permission to construct tennis court on a corner lot, described as LOt 6 on Map of Paradise Point, Map No. 3761; County Tax Map Parcel No. 1000-81-1- 12. 3:0~ p.m. Application of Mr. , and Mrs. James Mnllins, Box 882, Southold, NY for a Variance to the Zoning Ordinance, Article IH, Section 100-31 for ~ermission to construct addition to dwelling with reduced frontyard area off Sunset Lane. Location of Property: COrner of Sunset Lane and West Lane, Sunthold, NY;' hounded north by Dickersun~ west by Sunset Lane; south by West Lane; east by Mullins; County Tax MapParcelNo. I000-88-~6. ~8:15 p.m. ApPlication of Nicholas D. Ynelys, 56005 County Road 48, Greunport NY for a rehearing of Appea No. 2886, for a variance to thl zoning ordinance, Article III Section 100-3~ for permissiun t~ construct aeceasory building in the frontyard area at ~0~ C.R. 48, Greenport* NY; bounded north by L.L Sm.mci; weSt by Chudun; south byC.R. 48; east by Atwart. County Tax ~.~aP parcel No. 1000-44-1'i9~. 8:25 p.m. Rec~=med hearing of ~ No. 2944, application of Barbara KuJawski to conduct real estate branch office un premises ~ "A" Residential, known as 125 SoundAventm, Mattituck, NY. DATED: Fe&r'dary 4,1982. . BYORDEROF THE SOWI~HOLD TOWN BOARD OF APPEALS GERAHDP. GOEHRINGER, By Linda Kowalski, Secretory 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 $outhold Town Board of Appeals at the Town Hall, Main Road, Southold N.Y. on Friday, February 26, 1982 commencing at 7:30 and as follows: 7:30 p.m. Application of Clara Prout, 107 Greenacres Avenue, White Plains, N.Y. 10606, for a Variance to the Zoning Ordinance, Article III, Section 100-31, for permission to construct deck addRion to dwelling with an insufficient rearyard setback at 465 Private Road #3 (off Pine Neck R6ad). 882, Southold, N.Y. for a Variance to the Zoning Ordin- ance, ArtiCle III, Soc~ion 100- 31 for per~aissiun to construct addition t~ dwelling with re- duced frebtyard area off Sun- sot Lane. Location of Property: Coruer of Sunset Lane and West Lane, Southold, N.Y.; bounded nocth by Dickerson; west by Sunset Lane; south by--- West Lane; east by Mullins; County Tax Map Parcel No. 1000-88.6-6. / 8:15 p.m. Application /' Nicholas D. Yuelys, 56005 / County Road 48, Greenport, i N.Y. for a rehearing of Appeal , No. 2886, for a variance to the zoning ordinance' . Article III, ~'i Section 100-32 for permission I to construct accessory buildi~ in the frontyard area at 56005 C.R. 48, Greenport, N.Y.; bounded north by L.I. Sound; west by Chudun; south by C.R. 48; east by Atwan. County Tax Map Parcel No. 1000-44-1-19. 8:25 p.m. Recessed hearing' of Appeal No. 2944, applica- tion of Barbara Kujawski to conduct real estate branch office on premises zoned "A" Residential, ltnown as 125 Sound Avenue, Mattituck, N.Y. Dated: February 4, 1982. BY ORDER OF THE $OUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN By Linda Kowalj~socretary "'~lT-2/18/82(1) COUNTY OF SUFFOLK STATE OF NEW YORK SS: Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watch- man once each week for ................... ..~ ................. weeks successively, commencing on the \~ day ............ , Sworn to before me this ..... ~...~... ................ day of ........... , ~mmiss ?n ~xplres March 3LL T? ~ SMITH, FINKELSTEIN, LUNDBERG, CRIMMINS January 29, 1982 Mr. Gerard Goehringer, Chairman Zoning Board of Appeals Town of Southold 53095 Main Road Southo!d, New York 11971 Dear Mr. Goehringer: I enclose herewith letter received this date, together with survey sketches and photographs from Mr. Yuelys, the petitioner, in the matter of Yuelys v. Zonin9 Board of Appeals. In discussing this matter with Mr. Yuelys, the subject of a compromise came up and as you can see, he in- dicates that he would be satisfied with a storage shed or accessory building of 8' by 16', which would be 13' back from North Country Road, as opposed to 12' by 30' as origi- nally proposed in his variance application. I gather the photographs must be of the adjoin- ing garage, and this is the reason for the indication, I think, in the letter, that the windows in the neighboring garage would not be blocked by the altered shed, which the sketches show would have a sloping roof in front. If the Board is willing to re-consider and re- hear this matter, it may do so; if not, please advise and we will carry on with the litigation. Enclosures FJY:mo Very tr~yours, NICHOLAS D. YUELY$ January 26, 1982 Smith, Finkelstein---and Yakaboski Esqs. 456 Griffing Avenue P.O. Box 389 Riverhead, N.Y. 11901 Re: Yuelys v. Grigonis etc. Dear Hr. Yakaboski: As we discussed over the telephone, I am willing to compromise on almost anything reasonable. I suggest this one as shown on the diagrams. It shows where I will put it and the size of the building and also that it slopes so that my neighbor still has his window. Try and see if you can get this approved. If they want any changes which I could live with, please be assured that I am not hard to get along with. Thank you. Very truly yours NICHOLAS D. YIJ'EIbYS NDY:ps 1G'-o iZ FEONT ~L~v~,'Fi ON L~FT ~L=_.v~,TiON. ~_E~,2__ 5LEVATICM ~'GNT, ~.LF_VATION '~-~-~"~"'"-¢" NICHOLAS 9. YUELYS COUNTY OF SUFFOL~~) DEPARTMENT OF PLANNING (516) 360-5513 LEE E. KOPPELMAN November . ' Board of Appeals Town 0fauuu0,o'~ '~"' 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. ~pplicant Municipal Pile Number Donald DeLalla ~holas Yuelys 2848 2886 Very truly yours, Lee E. Koppelman Director of Planning Gerald G. Newman Chief Planner Southold Town Board of Appeals HAIN ROAD- STATE ROAD 25 50UTHnLD, L.I., N.Y. 119'71 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: Variance from the Zoning Code, Article III, Section 100-32 Variance from Determination of Southold Town Building Inspector __ Special Exception, Article , Section Special Permit Appeal No.: 2886 Applicant: I~icho!as D. Yuelys Location of Affected Land: 5600~ Cou/aty Road ~8, Greenport County Tax Map Item No.: 1000-L~4-1-19 Within 500 feet of: __ Town or Village Boundary Line iCI Body of Water (Bay, Sound or Estuary) Long !s].~ud Sound ~?~ State or County Road, Parkway, Highway, Thruway County Rd. 48 __Boundary of Existing or Proposed County, State or Federally- Owned Land __ Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area __ Existing or Proposed Right-of-Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Estab- lished Channel Lines, or Within One Mile of a Nuclear Power Plant __Within One Mile of An Airport. COMMENTS: Applicant is requesting permission to ao~e~ ~an~ accessory ]~u~!d~mS (zsrafe] in the ~o~y~rd area. Public hesrins he!~ ~ ¢!osed 10/15/~1. ~t ~ meetiz~7 on 10/1~/81~ applicant was denied a variance as a-oDlied for, Copies of Town file and related documents enclosed herewith for your review. Copy of decision included. Dated: October ~0~ 1981 ~ ~ Q~'-/X.~ $ocretary, Board of Appeals~ ~day' s Date:, ~0 7~2~,~.,~ ~mbers Absent, if any: genda Item/Matter of: '~ [~,,~z.~ b, '~/Lz~-~¢~l /pc of Variance or Appeal: 7'¢ ¢-~c~-~D~,~--~?t~'~-.~,c~*fr~'r~ (~OfZ_//dt O~ ) ~ ~Charl6s $.erqe ..Robert .. Gerard ~Ioseph, t ~rlgoms iJoy'en ~3ougiass ~oenrxnger DawlcKl ( ~ ' (' ') ( ) ( ) . ( ) ~solution made by: ~co n ded by: () () (~ () () etlon: ( ( ( Approve as applied for. Deny as applied for Deny Deny without prejudice ~ithdr awn without Prejudice ( ) Approve with the following conditions: (~ffSubject to County Planning referral ( ) Subject to Planning Board approval ( ) Subject to D.E.C. requlations ( ) Other: ndings of the Board are as follows: Other: Not %v'ithin the Character of the Neighborhood Variance is Substantial in Relation to Code Not .in h _a_yra.o. ny _with purposes of the Code Hardship not suflicient Circumstances are. Not Unique Will set a precedent ~n the neighborhood Area is already very congested Interests of justice seryed by denying 3te of the Board: Ayes: (/'~ CG ( Nay: ( ) ( ) ( Abstain: ( ) ( ) ( Absent: ( ) . ( ) ( Granting the Relief Requested is wi[hin spirit of the zoning code Relief is not substantial Burden of hardship or difficulty Shown Circumstances are unique Variance will not change character of the neighborhood Interests of Justice served by granting Other for Special Exceptions RD (4 GG (/) JS () .() () () () () )tes: Southold Town Board of Appeals APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. T ~- ,'%q ;' TUTHILL ROBERT J. DOUGLASS GERARD P. GOEHRINGER Joseph H. Sawicki 'NOTICE OFDECLARATION PURSUANT TO ENVIRONMENTAL QUALITY REVIEW ACT ~Appeal~2No. 2886 Application of: Nicholas D. Yue.lys Location of Property in Question: 56006 County Road 48, Greenport. County Tax Map Item No. 1000- 44-1-19. Project Proposed by Appeal Application: building (garage) in frontyard area. To construct accessory ENVIRONMENTAL DECLARATION: Pursuant to Section 617.13 of the N.Y.S. Department of Environmental Conservation Act, Article 8 of the Environmental Conservation Law, and Section 44-4 of the Southold Town Code, notice is hereby given that the Southold Town Board of Appeals has determined that the subject project as proposed herein is hereby classified as a Type II Action not having a significant adverse effect upon the environment for the following reason(s): An Environmental Assessment in the Short Form has been submitted which indicates that no significant adverse effects were likely to occur should this project be implemented as planned. Correspondence dated November 7, 1980 from the N.Y.S. Department of Environmental Conservation permits the construc- tion of a 8' by 16' accessory building in the frontyard area. This declaration should not be considered a determination made for any other agency which may also be involved nor for any othe~ project not covered by the subject appeal application. Dated: Copies Sept; 23, 1981. By Order of the Southold Town Board of Appeals to: Applicant/Agent Town Clerk Bulletin Board Appeal File NOTICE IS ~Y OlV~ ~ 7~7- ' ' -- ~n c~ * +o SeXton ~67 of ~ 1~ ~ ~ss~n ~o - · e ~ Law ~d the ~- stru~ professional' office s~ns of ~e Am~ded Code of buB~g ~ ~ A-Resideeti~ the Town of Southold, a regular meeting and the fol- lowing Public Hearings will be held by the Southold Town: Board of Appeals at the Southold Tow Hall, Main Road, Southold, N.Y. on Thursday, October 1S, 1981 commencing at 7:15 o'clock and Agricultural Zone with existing dwelling use at 29325 Main Road (a/k/a 320 Depot Lane), Cutchogue; bounded northwest by Fogarty; south- west by Depot Lane; northeast by Donne; southeast by Main Road. County Tax Map Parcels Nc. 1000-102-2-12.1 end 11. 8:50 p.m~ Application of P.M. as follows: 7:15 p.m. Application of - Dominick and Rose DeMalo, Carl H. King, 350 King Street, · by William J. Jacobs as agent, Orient, N.Y. for a Variance to C/o Box 199B, Depot Lane, · the Zoning Ordinance, Aticle Cutchogue, NY for a Variance III, Section 100-32 four pennis- to the Zoning Ordinance, ...... so ~. Article Ill, Section 100-31 for sion to cOnstruct~ acce. s ry.'.: ,;.. . __. ... building in theTrohty~d area permtsswn to construct new at 350 King street,'-Orient;'' ' dwelling with insufficient front bounded north by Navy Street; west 'by Shaw and Nolan; south by King Street; east by Tyrreil; County Tax Parcel Item No. 1000-26-1-27,- ;: - 7:20 p.m. Application of Pequash Recreation Club, Inc., Box 902, West. Road, Cutchogue, N.Y. (by Richard F. Lark, Esq.) for a Variance to the ZonIng Ordinance, Article Ill, Section 100-35 for pennis- sion to construct fence along frontyard area exceeding the maximum height require- ments for fences. Location of Property: 205 West Road, Cutchogue; bounded north- west by Morris; southwest by Cutcho~ue Harbor; northeast by West Road; southest by Cufohogee-New Suffolk park District; County Tax Map Put'el Item No. 1000-110-7-12~ 7:30 p.m. Application of Virginia L. Wickham, 105 Old Harbor Road, New Suffolk, N.Y. for a Variance for ap- proval of access, New York Tox~-a Law Section 280A. Loca- tion of Property: 105 Old Harbor Road, New Suffolk; bounded north by Wickham; east by Cutcbogun Harbor, south by Wick, ham; west by H.: Wickham; County Tax Map Parcel Item No. 1000-117-3-1J 7:40 p.m. Application of Toba Laja Orr0, 187 Berry Hill Road, Syosset, N.Y. 11791, fo~ a Variance to the Zoning Ordinance, Article III, Section 100-31 for permissinn to build new house with insufficient front and rear yard area at 435 Cleaves Point Road (a/k/a 1945 East Gilletle Drive), East Marion, N.Y.; Marion Manor Subdivision, Filed Map No. 2038, Lot. No. 8~; further identified as County Tax Map Parcel Item No. 1000-38-4-27. 7:50 p.m~ Application of Toba Laja On'o, 187 Beny Hill Road, Syosset; N.Y., for a Variance in the Flood Damage Prevention Law of the town of Southold, Section 46-18 for permission to construct base, meat floor below the minimum. base flood elevation require- 'meats at 435 Cleaves Point Road, East Marion, N.Y.; Marion Manor Subdivision, Filed Map No. 2038, Lot 83; further identified as Coun- end rear yard areas at Cedar Point Drive West, Southold, N.Y.; bounded north by Cedar Point West; west b'y Ginrdeno; south by West Lake; east by Soverel; County Tgx Map Parcel No. 1000-90-1-4~ 9:00 p.m. Application of Nicholas D. Yuelys, 56005 Count)' Road 48, Greenport, N.Y. for a Variance to the Zoning Ordinance, Article Iii, Section 100-32 for ~ermisston .to construct accessory building .(garage) in the frontyard area at 56005 County Road Green_~Ort, N.Y.: bounded north by L.L Sound; west C~ndnn: south bv C.R. 48: east bY Atway. County Tax Map Parcel Item No. 1000-4~- 1-19. 9:15 p.m. Application of Victor L'Eplattenier, Box 361, Peconic, N.Y. (by Rudolph H. Bruer, Esq.) for Variances: (1) for approval of access, New York Town Law Section 280-a and (2) to the Zoning Ordin- ance, Article Itl, Section 100- 31 for permission to build new dwelling with insufficlunt front and rear yard setbacks at Lake View Avenue and Dickinson Street, Pecodic, N.Y.; bound- ed by Dickinson Street; west by Lake View Avenue; south by Garrido; east by Garrtdo; further identified as Subdivi- sion LOts No. 57 and 58~ peconic Shores Subdivision Filed Map 654. County Tax Map Parcel Item No. 1000-67- 3-12. 9:25 p.m. Application of Alan A. Cardinale, Bridge Lane, Cutchogue, N.Y. for a Variance to the Zoning Or- dinance, Article VII, Sections 100-70 and 100-71, Article VI, Section 100-62, to construct drive-in roof addition and alteration with an insufficient f~ontyard and further reduc- ton of landac'aped area, for ba~ use. Location of Proper- ty: North side of Main Road, Mattituck, N.Y.; bounded west by Factory (Railroad) Avenue;) south by Main Road; north and east by Bethany Cemetery Association. County Tax Map Parcel Item No. 1000-142-1-26. 9:30 p.m. Application of Warren E. Hufo, Jr. and Ellen ty Tax Map Parcel Item No. Hufe, Wells Avenue, South- 1000-38-4-27. old, N.Y. (by Rudolph H. 7:55 .m. Rebearln~. A Sruer, .Esq.) for a Varian~ to plicationPof Robert T, l&yli~: ~ ?,,~l~,g ?O~d.~nfocer, Artlllse' eet ' ..., ,....Ion ...- perm - 55 West 16th Str , New . Road, Peconic, 1~.¥. lot a'; -' ~ -' Variance to the,~i~ing Ordin- ance Article l~ction 100~ 35A for permis'~ssson to con-~ '''" ....... '!"~ struct gate and fence exceed- ing maximum height limita- tions at 38350 Main Road, Peconic; bounded northwest by L.I,R.R.; southwest by Otto Keil Florists; northeast by Cichanowicz; southeast by S.R. 25. County Tax Map Parcel Item No. 1000.85-2-17. 9:55 p.m. Application of Stanley J. Fliss, Jr., for Martituck Air Base, 840 Bray Avenue, Mattituck, N.Y. for a Variance to the Zoning Ordin- ance, Article VIII, Section 100-80 for permission to con- struct addition to office build- in~ with an insufficient front~'' yard at 410 Airway Drive, Mattituck; bounded noah by Bagshaw, Wickham; west by Peconic Corp.; south by Park Avenue; east by Wickham, Parkin, Tandy, Kujawski. County Tax Map Parcel Item No. 1000-123-1-2. 10:05 p.m. Application of Katherine Ebert for Mattituck Holding Corp., Mattituck, N.Y. (by Norman A. Reilly as agent), for a Variance for approval of access, New York Town Law Section 280A. Loca- tion of Property: Right-of- Way off West Mill Road, Mattituck, N.Y.; bounded north by Mill Road and Kiilian; west by Leogrande ana~ Cox Neck Road; south by Chudiak, McGunnigle, Zeigler DeMaula and North Drive; east by Mattituck Creek; and near Roscola. County Tax Map Parcel Item No. 1000-106-6- part of 13.3. 10:25 p.m. Recessed hear- i [ ) :pole( N ~Io ~u COUNTY OF SUFFOLKe SS: STATE OF NEW YORK Potricio Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, o public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watch- man once each week for ............... .~ ....................... weeks successively, commencing on the ...... ..~.. .......................... day 4S'D'h~. ........ ~ ........................... S%? ~_~fore me this C~°~ '~ of ~~~_...., ,';i~i ..................... ~°~ ............ ................. Notary Public ~/' EDITH A. GUY NOTAr~y PUBLIC, State ef New Yc#~ No. 52-4~02497 Ccmmlssion ~xpires March 30° 1~31~>~:~ Legals · LEGAL NOTICE NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Cede of the Town of Seuthold. a Regular Meeting and the following Public Hearings will be held by the Seuthold Town Beard of Appeals at the South- old Tow~ Hall, Main Read, Seuthold, NY on Thursday, October 15, 19~I commencing at 7:15 o'clock p.m. as follows: 7:15 p.m. Application of Carl H. King, 350 King Street, Orient, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permis- sion to construct accessor~/~. building in the frontyard area at 350 King Street, Orient; bounded north by NavyStreet; west by Shaw and Nolan; south by King Street: east by TyrreU; County Tax Map Par- cel Item No. 1000-26-1-27. 7:20 p.m. Application of Pequash .Recreation Cinh, Inc., Box 902, West Read. Cut- cbogue, NY (by Richard F. Lark, Esq.) for a Variance to the Zoning Ordinance, Article III, Section 100-35 for permis- sion to construct fence along freatyard area exceeding the maximum height require- merits for fences. Location of Property: 205 West'Read, Cut- chogue; bounded northwest b~,- Morris; southwest by Cut- chogue Harbor; northeast by West Read; southeast by Cut- chogue-New Suffolk Park Dis- trict; County Tax Map Parcel- Item No. 1000-110-7-12. - 7:30 p.m. Application of Virginia L. Wickham, 105 Old Hat'nar Read, New Suffolk;'~'~;~ NY for a Variance for ap- proval of access, New York Town Law Section 280A. Leca- tion of Property: 105 Old Harbor Read, New Seffo]k; bounded north by Wickham; east by Cutchogue Harbor; souih by Wickham; west by H. Wickham; County Tax Map Parcel Item No. 1000-117-3-1. 7:40 p.m. Application Toba LaJo Orro, 187 Berry Hill Read, Synsset, NY 11791, for a Variance to the Zon/ng Ordi- . ' nonce, Article III, Section 100- 31 for permission to build new house with insufficient front and rear yard area at 435' Cie. aves Point Read (a/k/a 1945 East Gillette Drive), East Marion, NY; Marion Manor Subdivision, Filed Map No. 2038, Lot No. ~3; further iden- tiffed as County Tax Map Parcel Item No. 1000-38-4-27. 7:50 p.m. Application of Toba Laja Orro. 187 Berry Hill Road, Synsset, NY for a Var- lance to the Flood Damage Prevention Law of the Town of Seathold, Section 46-18 for per-,,/ mission to construct basement floor below the minimum base flood elevation requirements at 435 Cleaves Point Read, East Marion, NY; Marion Manor Subdivision, Filed Map No. 2038, Lot No. 83; further identified as County Tax Map Parcel Item No. 1000-38-4-27. 7:55 p.m. Rehearing. Appli- · cation of Robert T. Bayley, 55 West 16th Street, New York, NY 10011 (Robert W. Gilllspte III as agent), for a Variance for approval of access, New York Town Law Section 280A. Location of Property: Right- of-Way off the east side of South Harbor Read, Southold, NY: bounded north by Stewar[,,,,' and Freend; west by Paul; south by the bay; east by Ballenger; County Tax Map Parcel Item No. 1000-87-1-21. 8:10 p.m. Application of Nina S. Fischer, Indian Neck Lane, Peconic, NY for a Var- lance to the Zoning Ordinance, ArUc]e III, Section liX)-31 for permission to construct addi- tion to existing dwelling with an insufficient sideyard set- back at 7130 Indian Neck Lane, Pecouic; bounded north- west by Cukor; southwest by Hog Neck Bay northeast and.(. southeast by Prellw tz. Co[mt}; Tax Map Parcel Item No. 1000-~-7-~ 8:20 p.m. Application of/ Lenorc Adamson 55 Ships Dr ve, Southold. NY (l~y Thomas F. Day, Esq.) for a Variance to the Zoning Ordi- nance. Article III, Section 100- 31 for approval of insufficient area for division of premises located at North Bayview Road and Ships Drive, South- old, NY; bounded north by North Bayview Read; west by, Ships Dri.ve; south by Mullen, east by Reese. County Tax Map P/~rcel Item No. 1{x)0-79- 3-9 & 10. 8:35 p.m. Application of Joseph L. Lizewski, Main Read, Cutchogue, NY (by Wil- liam H. Price, Jr., Esq.) for a Variance to the Zoning Ordi~.' nunce, Article III, Section I00- 30 for permission to construct professional office building in an A-Residential and Agricni- tufa] Zone with existing dwel- ling use at 29325 Main Read (a/k/a 320 Depot Lane), Cut- cbogue; bounded northwest by Fogarty; southwest by Depot Lane; northeast by Dunne; southeast by Main Read. County Tax Map Parcels No. 1000-102-2-12.1 and 11. 8:50 p.m. Application of Dominlck and Rose DeMaio, by William J. Jacobs as agent, c/o Box 199B, Depot Lane, Cutchogue. NY for a Variance to the Zomng Ordinance, Art- icie III, Section 100-31 for.~ permission to construct new dwelling with insufficieet front and rear yard areas at Cedar Point Drive West, Seuthold, NY; bounded north by Cedar Point West; west by GJorda- no: south by West Lake; east by Severel; County Tax Map Parcel No. 1000-90-1-4. : 9:00 nm. Anolication of ~icholas D. Yuelv~ . 56005 County Read 4~. Greenpert, NY for a Variance to th~ Zonine Ordinance, Article Ill Section 100-32 for permissln:4 to construct accessory btdld- ins tgarage) in the fruntyard urea at 56005 County Read 4~ ~reeri~ort. NY: bounded by L.L Sound: west by Chu-/ d~n; south by C.R. 48; east by .Atway. County Tax Map Par- ce] Item No. 1000-44-1-19. ~ 9:15 p.m Application' of " Victor L'Eplattenier, Box Peconic. NY (by Rudolph I~. Bruec. Esq.) for Variances: (1) for approval of access, New York Town Law Section 280-a and (2} to the Zoning Ordinance, Article III, Section 100-31 for permission to build new dwelling with insufficient front and rear yard setbacks at Lake View Avenue and Dickinson Street, Peconi/:, NY; bounded by Dickinson Street: west by Lake View Ave.; south by Garrido; east by Garrido; further identified,~ as Subdivision Lots No. 57 and 58, P.econie Shores Subdivision ] duly Sworn, **he SUFFOLK .~nport, in said ~d is ~ printed ~Veekhr Times ...... weeks COUNTY OF SUFFOLK. STATE OF NEW YORK. ? ss: Troy Gustavson .............................. ; ....... being duly Sworn. s~s that . .. ~he.. is Printer and Publisher of the SUFFOLK WEEKLY TIMES, a newspaper published at Greenport. in said county; and that the notice, of which the annexed is a printed copy. has been published in the s~id Suffolk Weekly/ Times once in each week, ~r . . 9.n.e. ..................... weeks successively commencing on the 8th day of .,. ~c..t.ober Swo to foreme ?, ', ................. HEL£N K. DE VO£ NOT,~R'y PUBLIC, SIate ol New York No 4707878, Sutlol~ Count,X' %otgota, ~1 Southold Town Board .ppeals -3- Decem~r 29, 1980 offer a resolution closing the hearing and reserving the decision. MR. CHAIRMAN: Excuse me, is there anyone else to speak in favor of this? Anyone to speak against this application? (There was no response.) You may have to excuse us a little bit tonight, we're all a little bit groggy, with a little bit of flu, and something. I'll offer the resolution closing the hearing and reserving decision, and referring it to the Planning Board. MEMBER GOEHRINGER: Seconded. On motion by Mr. Grigonis, seconded by Mr. Goeh.ringer, it was RESOLVED, that the decision on the matter of Peter V. Izzo, Appeal No. 2765, be reserved and the hearing be declared closed. Vote of the Board: Ayes: Messrs. Grigonis, Douglass, Goeh- ringer and Sawicki. Absent was: Mr. Doyen. PUBLIC HEARING: Appeal No. 2769. Application of Nicholas D. ~, 6159 Broadway, Bronx, NY 10471 for a Variance to the Zoning nce, Art. III, Sec. 100-32 for permission to construct acces- sory building in the frontyard area at 56005 C.R. 28, Greenport, NY; bounded north by L.I. Sound; west by Candan; south by C.R. 27 (North Road); east by Atwan; County Tax Map Item No. 1000-44-1-19. The Chairman opened the hearing at 7:50 p.m. by reading the appeal application, legal notice of hearing and affidavits attesting to its publication in the local and official newspapers, Notice of Disapproval from the Building Inspector, and letter from the Town Clerk that notification to adjoining property owners was made; fee paid $15.00. MR. CHAIRMAN: We have a County Tax Map showing the adjoining area, and a sketch showing the present and proposed buildings, and as Mr. Yuelys states there is 50' on the North Road and probably the same on the Soundfront. The lot is approximately 130' deep on the shorter side and 143' on the longer side. Is there anything that you would like to add to what you have stated Mr. Yuelys? MR. YUELYS: I will say the hardship is unique. There are three pieces of property on the North Shore on the beach side which have 50 feet frontage. My house is the only one that's built on stilts. The other two homes are built strictly on the sand with the bulkhead, and they have a basement and they have a built-in garage underneath. I don't have that. I can't possibly go underneath because there are water lines at front and I'm too close to the water. In fact I was 11' from. the water on one stage. The water has risen up and has risen up even now, if you go up there, the water has risen up above the level of the house. So there is no way that I could use the underside Southold Town Board o( ~ppeals -4- Decem 29, 1980 (Mr. Yuelys continued:) of the house. The sides of the house are too small to build an accessory building. It's impossible because the house is 30 feet and it only has enough room between the two sides to pass back and forth, so we can't build on the sides. The only place I could possibly build this would be in the front. The character of the district would not change. My next door neighbor has a garage in the front; he has a bathroom; he has a side-accessory building in the back. He has another bathhouse in the back. All right down the lane. It doesn't hurt anybody; it doesn't detract from anybody. My situation is such a hardship that as soon as the weather becomes bad, I must close the hQuse entirely. There is no way I could put it in the side and maybe come out in the Fall, in the Wintertime if I want to come out. Right now my electricity is on. My porch is all blocked up. All my bedrooms are all blocked up. I have a wooden table. I have lawn chairs, as you all know in a beach house, we have 15 or 20 beach chairs that are all in the house. There's no way in the world I could possibly build this accessory building anyplace but there. And there's no reason that I could, there's no way I could possibly build it in any other place except there; and it woul~ still render the character of the neighborhood the same. In fact, by building this house it would even make it appropriate with my neighbor's house, who was the only one that could possibly object -- is the one that would be adjacent to his. But he built his house right along the side line there. He has his. In fact he's got four of them down the line. So-- I'm only going to use this for storage. I don't want windows; I don't want anything--I'll be needing it just to put in my equipment and everything else during the summertime and during the wintertime. MR. CHAIRMAN: All right, thank you. We have on file here a letter to the Board of Appeal,s dated October 3rd, to the Chairman, Town of Southold: "...Gentlemen: Several days ago our next door neighbor, Mr. Nicholas Yuelys, was thoughtful enough to seek our reaction to his place to build a storage shed in his frontyard and directly adjacent to a legal building on our property. In that connection we have this date written to Mr. Yuelys stating our ob- jections to the location of his proposed building.. We also told him that because of our travel plans we could not be sure of receiv- ing his mailed notice to us or reading the published legal notice should he seek a variance. The location of the building he described to us would block the windows and, therefore, effectively cut out light and the prevailing flow of air in a building we have for years used for resting and sleeping both night and day. We wish it to be a matter of record, transmitted to you in'advance and for the reasons stated above, that we object and request that no variance be granted for a building on that location should such a variance be sought. Respectfully yours, signed, A.M. Atwan, Box 61, North Road, Southold .... " MR. YUELYS: May I reply to that? This particular house that is referring to was built in 1973 with a Certificate of Occupancy issued. At that time that house was not built the way it's built now. Those windows were put-in three years later with a bathroom he Southold Town Board ppeals -5- DecemberS29, 1980 (Mr. Yuelys continued:) because a C/O states specifically that the Suffolk County Health Department approval not required. He didn't have the bathroom. He put this in three years after he got the C/O. I wasn't making-- I don't object to it. He put this right on the line. So he's got an illegal building, uses a bathroom and a house. These particular windows he is talking about, I spoke to him, I told him "Move them up higher and it's ok." He didn't want to move them up because the paneling inside he can't get. It's discontinued paneling. My building is only 6'6" high on that side. I told him I will not block his--I will only ~o up to the limit which I could build a fence on. I could go on the line, I explained to him, I could go right on the line, the Code says I could go right on the line and build a 6'6" fence which would block your windows--the height of the top of the windows is 6'6". So I'm not doing anything, that, I'm asking for anything I can't do without asking you. Now second of all, three houses to the east a party has property of over 100' frontage--he wanted to build a guesthouse. He wasn't within 100' feet of the nearest house where he wanted to build a guesthouse, he couldn't put windows into that particular place, and wanted t.o use as an accessory building. And he's using it as a storage house, yet Atwan, in violation of the ordinance, went and go ahead and put the windows in, and he went and put in this bathroom. Furthermore I have pictures to show that this particular side that he is coming about, the windows, he's got the whole side of the house completely open. There's a window facing frontwards. On the other side of the house, which I have other pictures, he shows he's got another window which he has completely open. So he has one window, another window, and he's got these two windows, which if you've seen them, they're very small, tiny windows, they're not even worth talking about. MR. CHAIRMAN: We went u'p there. MR. YUELYS: And these are the two windows that he is complaining about I might be blocking. Which I could block anyway if I wanted to block it. So I don't see why he's complaining. Meanwhile he's got his accessory buildings and it's ok. "Now I've got mine, you can't have yours." He's got 75' frontage; he's got a main house; he can build in the front and the side if he wanted to build. Yet he built them right on my line. Now he says, that I have no room for anything, he says I shouldn't build now because I might block his two windows. I don't think that it's fair what he's doing. MR. CHAIRMAN: Is there anyone else that wants to speak for or against this? STANLEY CORWIN, ESQ.: My name is Stanley Corwin; and I am here representing Mr. Atwan. You may recall in his letter he indicated that he might not be getting a notice of the meeting. He finally did, but he was spending the holidays with his family in Ohio, and he was trying hard to get out of there today; he may still walk in here. But Southold Town Board ppeals -6- December9, 1980 (Mr. Corwin continued:) he asked me in a telephone call this afternoon to come by and take a look at the file and to speak in his behalf at the meeting tonight. Unfortunately the sketch that accompanies Mr. Yuelys' application does not show the buildings on the adjacent property. A site plan related to the dwellings on the east and the west would show that the location selected by the applicant is the worst possible one. On the southwesterly corner of the Atwan property there is a building, the southerly end of which is a framed storage garage, and the north- erly end of which is a bed, living room. That's the one that Mr. Yuelys refers to as being there to some respect illegally. It is not, and the records of this Town will show that everything that he did there that required a permit was done with one. And I take exception to Mr. Yuelys' remarks that the building there is improper. Incidentally the garage was there before zoning. Now there are two windows on the westerly side of the northerly end of that building supplying both light and air, as the Board is aware, that the pre- vailing winds in the summertime when these houses are occupied is from the southwest. If the Yuelys' application were to be granted and the building shown on his papers on file were to be const'ructed, it would effectively cut off an essential supply of light and air to the Atwan accommodations, which Mr. Atwan in communications to the Board referred to as a resting and sleeping area day and night. In behalf of the Atwans, then I do vigorously oppose the granting of the application in the form in which it is made. However, my clients recognize that their friend Nicholas stated a legitimate case for a real need of storage space. They realize too that it can be only placed in his frontyard. Moreover, they realize that if their property were presently vacant, they wish to construct the buildings as they presently are, they could do so only if a variance were granted for that. And therefore their Objections are limited, believing that the ~outhwesterly corner of the Yuelys' property would be an accessible location for a storage building. They go on record as saying that they would have no objection to the application being granted, on the condition that the building be placed.on the southwest corner. Now the Candan property adja- cent on the west in that area is a dug out entrance to a garage under the dwelling. The dwelling itself would not at all be inter- ferred with in'any significant way. The acts of government are necessarily often arrived at in the spirit of compromise, and I believe that neighbors dealing with government regulations in the zoning variance should also approach a solution in the spirit of compromise. We think Yuelys should be given some relief in the form of the strict application of the law to a small lot, but we believe that it's between the applicant and both of his neighbors the place should be selected for the granting of that relief which would least infringe on the existing building. Thank you. MR. CHAIRMAN: Thank you, Mr. Corwin. MR. YUELYS: I'm not here about where my lot should be built, but if I build where they want to build on the other side, I might Southold Town Board ppeals -7- Decembee29, 1980 (Mr. Yuelys continued:) as well destroy my whole front yard, because there is no more lawn. I got 50' I'm the only one there with 50' in the front that has a lawn, and I did that by getting bulldozers to come in and to dig it up and put topsoil down to make that lawn. A specific purpose so that I could have my picnic, my tables, my chairs there. MRS. YUELYS: It would also block the house. MR. YUELYS: It blocks my house too on my side, too, I have windows also on that place there. We could also put on that point. Whereas those windows t~at he has there are totally unnecessary, and they weren't put in there until after the C/O was granted. And in this I could swear, as the lawyer mentioned there, I have the records, I have the C/O right here. I'm not coming in here and saying some- thing not knowing what it is. I checked the whole record. This bath- room was put in and I even asked Atwan personally, and he told me, "I do not require a permit, nor do I require approval because I had it in the 1973." So that is because the whole thing was put in illegalFly and he shouldn't have put it in in the first place because if I had known about it, I would have objected to the windows. Those windows actually caused me trouble. In the sense that he comes up and he tells me that I'm doing something in the frontyard-- I'm making noise. I'm not doing it to be vindictive, I'm doing it because I have a unique and a hard problem. I just have no place to put anything. And I don't want to destroy my lawn. If I put it there, it matches it. I got pictures, I'll show it. And it matches it perfectly--I'll put it in the same way so it'll look good on both sides. I put it on the other sides it'll look like a monstrosity--changing the whole character of the neighborhood. There's only one place Where I could really put it, that's where I've elected to put it. MR. CHAIRMAN: Well, we were down, and we looked the property over. We're fully aware of the what the situation is, as far as property wise goes down there. Is there anyone one else who would like to speak in either way on this? Do any of you gentlemen have any questions? MEMBER GOEHRINGER: My questions have been answered. MR. CHAIRMAN: I'll offer a resolution, we're running a little behind, to close the hearing and reserve decision. MEMBER DOUGLASS: Seconded. On motion by Mr. Grigonis, seconded by Mr. Douglass, it was RESOLVED, to close the hearing and reserve decision in the matter of NicholaS D. Yuelys in Appeal No. 2769. Vote of the Board: Ayes: Messrs. Grigonis, Douglass, Goehringer and Sawicki. Absent was: Mr. Doyen. Southold Town Board )eals -8- Dece~r 29, 1980 PUBLIC HEARING: Appeal No. 2767. Application of Wilbur A. Baldwin, 1725 Nassau Point Road, Cutchogue, NY 11935 for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for permission to con- struct attached garage with an insufficient sideyard setback at 1725 Nassau Point Road, Cutchogue, NY; more particularly known as Nassau Point Club Properties Lot No. l; County Tax Map Item No. 1000-104-13-2.4. The Chairman opened the hearing at 8:ll p.m., and read the appeal application in its entirety, legal notice of hearing and affidavits attesting to its publication in the local and official newspapers, Notice of Disapproval from the Building Inspector, and letter from the Town Clerk that notification to adjoining property owners was made; fee paid $15.00. MR. CHAIRMAN: We have a map of the property showing the construc- tion proposed, and a County Tax Map of the area showing this property and the surrounding lots. Is there anyone here that wishes to speak in favor of this application? Yes, sir? W~LBUR A. BALDWIN: My name is Wilbur A. Baldwin. My~reason is, I think, very basic for requesting the variance. My existing home is 1169 square feet, is a very small home and habited by four people, and we have two automobiles as I have stated. I am desperate for storage space. The property layout and location of the home is unique in the sense that all of my property is considered frontyard by the Town rules. Any place that I chose to ask for permission to erect a garage would still require a variance, no matter where it is located because it's all frontyard. The reason for selecting this area is the proximity to the entrance to my house; it would do the least amount of damage to tearing up my property, which I have sprinkler systems and underground wiring. I have a leeching system that comes out to the whole back end of the house, complete with a septic holding tank and the five rings. It would enhance the appearance of my home and also serve the function of driving up and then leaving the garage and then going immediately into my home. The south side of my home is going to be the future home of a solar unit, which I intend to solarize the whole house. The purpose of the garage being on the northwest side is so I can.kill the wind which kills me there because I'm right on the water, and I have total phobia. If I eliminated that and also provide the solar activity, I should be in very decent shape. My property line, excuse me, on the lefthand side, the proximity of where I'm requesting to put the garage will be one corner of the garage, would be 20" from my fence. My fence is ap- proximately a foot to 1-½ feet inside the property line, and the other side of the property is the Old Nassau Point Road, () beach owned by Nassau Point Property Owners Association. The location of my garage would not in any way be obtrusive or of inconvenience to anybody. It will not have any running water in it; it will not have any heat; and it will be used for nothing but storage and garage purposes. That's the reason I feel that this request should be granted. Thank you. MR. CHAIRMAN: Thank you. How big would that solar addition at the other end of the house be, roughly? Southold Town Board Appeals -31- December 29, 1980 Article III, Section lO0-31 and Bulk Schedule of the Code requires a minimum area of 40,000 square feet and a minimum width (road frontage) of 150 feet. The Board finds that the relief requested is substantial in relation to the Code requirements; that if the variance is granted substantial detriment to adjoining properties will be created inasmuch as the area is very congested; that a substantial change will be produced in the character of the neighborhood; and that the interests of justice will not be served by the granting of the relief requested herein. On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, that Peter V. Izzo's application for a variance dated December 1, 1980 be denied without prejudice. Location of Property: West side of Pine Tree Road, Cutchogue, New York; more particularly known as Lots 34 and 35A, Map of Nassau Farms No. 1179; County Tax Map Item No. 1000-104-2-9 and lO. Vote of the Board: Ayes: Messrs. Grigonis, Douglass, ringer.,and Sawicki. Absent was: Mr. Doyen. ~ Goeh- RESERVED DECISION: Appeal No. 2769. Application of Nicholas D. ~, 6159 Broadway, Bronx, NY 10471 for a Variance to the Zoning nce, Art. III, Sec. 100-32 for permission to construct accessory building in the frontyard area at 56005 C.R. 27 (28), Greenport, NY; bounded north by L.I. Sound; west by Candan; south by C.R. 27 (North Road); east by Atwan; County Tax Map Item No. 1000-44-1-19. The findings and determination of the Board are as follows: Appellant has appealed to this Board seeking a variance to con- struct accessory storage building in the frontyard area approximately 13' north of the North Road and two feet from the easterly property line. The premises in question is approximately 6,500 sq. ft. in area and existing on same is a one-story frame house with porch. Upon inspection the Board found the easterly neighboring property to have a structure(s) built right up to this side line. The Board recognizes appellant's need for a storage area, however are not in agreement with the sole location requested in the within application. The Board finds that a detriment to adjoining properties will be created if the variance is granted as applied for; that a substantial change in the character of the neighborhood will be produced; and that the interests of justice will not be served by the granting of the relief requested herein. On motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, that Nicholas D. Yuelys' application for a variance dated December 3, 1980 be denied without prejudice, as applied for. Southold Town Board ppeals -32- Decembe~r 29, 1980 Location of Property: 56005 C.R. 27, Greenport, NY; bounded north by L.I. Sound; west by Candan; south by C.R. 27 (North Road); east by Atwan; County Tax Map Item No. 1000-44-1-19. Vote of the Board: Ayes: Messrs. Grigonis, Douglass, Goeh- ringer and Sawicki. Absent was: Mr. Doyen. RESERVED DECISION: Appeal No. 2767. Application of Wilbur A. Baldwin, 1725 Nassau Polnt Road, Cutchogue, NY for a Variance to t~e Zoning Ordinance, Art. III, Sec. 100-31 for permission to construct attached garage with an insufficient sideyard setback at 1725 Nassau Point Road, Cutchogue, NY; more particularly known as Nassau Point Club Properties Lot No. l; County Tax Map Item No. 1000-104-13-2.4. The findings and determination of the Board are as follows: Appellant has appealed to this Board seeking a variance for per- mission' to construct an attached garage in the front-side yard area with a setback of two feet from the northerly sideyard line. Exist- ing on the subject premises is a one-story one-family frame dwelling. The premises in question has an area of 29,150+ square feet, approxi- mately 340 feet deep and an average width of 120 feet. The Board recognizes appellant's need for storage area; however it is the feel- ing of the Board that the project proposed herein is not the most feasible location, thereby not warranting justification for the granting of the within variance. The Board finds that the relief requested in relation to the Code requirements is substantial; that if the variance is granted as applied for a substantial detriment to adjoining properties will be created and that a substantial change will be produced in the character of the neighborhood; and that the interests of justice will not be served by the granting of the relief requested herein. On motion by Mr. Douglass, seconded by Mr. Gri'gonis, it was RESOLVED, that the application of Wilbur A. Baldwin in Appeal No. 2767 be denied without prejudice as applied for. Location of Property: 1725 Nassau Point Road, Cutchogue, NY; more particularly known as Nassau Point Club Properties Lot No. 1; County Tax Map Item No. 1000-104-13-2.4. Vote of the Board: Ayes: Messrs. Grigonis, Douglass, Goeh- ringer and Sawicki. Absent was: Mr. Doyen. TOW~q OF SOUTHOLD, NEW YORK ACTION OF THE ZONinG BOAKD OF APPEALS AppealNo. 2769. Application Dated December 3, 1980 ACTION OF THE ZONING BOARD OF APPEAL,5 OF THE TOWN OF SOUTHOLD To Mr. Nicholas D. Yuelys 6159 Broadway Bronx, NY 10471 DATE...]iZ.1.3.ZS.1 Appellant at a meeting of the Zoning Board of Appeals on was considered and thc action indicated below w~s taken on your ( ) Request for variance due to lack of access to .property ( ) Request for a special exception under the Zoning Ordinance ( )0 Request for a variance to the Zoning Ordinance' Art. I I I, ( ) December 29, ]980, the appeal Sec. 100-32 1. al~l!~lXllX~DI~l/~.XI~¥~lli~l~,X~¥~t~/i~.~#.~X~ll/el/~i/c~ion ( ) ~ Erantcd ( ) be de~ pursuant to Art~e .~ .................. ~ction .................... Subsect~n .................... p~re~re~ .................... of the Zoning Ordinance a~ the dec.on of the Building Insp~tor ( ) be reve~ed ( ) ~ confirmed b~anse Appl i cati on of Ni chol as ~, 6159 Broadway, Bronx, NY 10471 for a Variance to the Zoning nce, Art. III, Sec. 100-32 for permission to construct building in the frontyard area at 56005 C.R. bounded north by L.I. Sound; west by Candan; Road); east by Atwan; County Tax Map'Item No. (SEE REVERSE SIDE) accessory 27 {28), Greenport, NY; south by C.R. 27 (North lO00-44-1-1g. 2. VARIANCE, By resolution Of the Board It was determined t~t (a) Strict application of the Ordinance (WOuld) (wOuld not) produce practical difficulties or unnscessary hardship because (SEE REVERSE SIDE) (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this prope_rtl_and in the same u~se_~s_t~c_t_bicause (SEE REVERSE SIDE) (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because' (SEE REVERSE SIDE) (would no~ .... and therefore, it was further determin~l t~mt the requested va~lenee ( ) be granted ( thai the previous decisions of the BuildLug Inspector ( ) be cordi~med ( ) b~ reversed. ) be denied and FORM ZB4 ZONING BOARD OF APPEALS The findings and determination of the Board are as follows: Appellant has appealed to this Board seeking a variance to con- struct accessory storage building in the frontyard area approximately 13' north of the North Road and two feet from the easterly property line. The premises in question is approximately 6,500 sq. ft. in area and existing on same is a one-sto~y frame house with porch. Upon inspection the Board found the easterly neighboring property to have a structure(s) built right up to this side line. The Board'recognizes appellant's need for a storage area, however are not in agreement with the sole location requested in the within application. The Board finds that a detriment to adjoining properties will be created if the variance is granted as applied for; that a substantial change in the character of the neighborhood will be produced; and that the interests of justice will not be served by the granting of the relief requested herein.. ~- On motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, that Nicholas D. Yuelys' application for a variance dated December 3, lgSO be denied without prejudice, as applied for. Location of Property: 56005 C.R. 27, Greenport, NY; bounded north b~ L.I. Sound;. west by Candan; south by C.R. 27 (North Road); east by Atwan; County Tax Nap Item No. 1000-44-1-19. Vote of the Board: Ayes: Messrs. Grigonis, Douglass, Goeh- ringer and Sawicki. Absent was: Mr. Doyen. REASON FOR APPEAL Continued 1 STRICT APPLICATION OF THE ORDINANCE would produce practicoldifficultiesorunn~es- s~r~,HARDSHIPbecou~ this home is small and lacks any storage area and because it is loacted on thewater level, an accessory building cannot be built on the rear yard as required by the Zoning ordinance. 2. The ~ardship creotedis UNIQUE and isnotshared by all prope~ies alike in the immediate vicimty of this property and in this use district because We are the the only house in the area that is on a beach level with an open bottom that does have water in times of storm and stormy high tides and having only a front yard. The side yards being to close to the neighbors property to be able to construct. There is no room to construct an accessory building except in' the front yard. 3 The Variance wou~ ob~r~ the'~rit of the Ordinance and WOULD NOT CHANGE THE CIIARACTER OF THE DISTRICT becou~ The district and area is so built up that it would be similar in all respects to the other buildings; '~n fact next door on the Atwan side a ~ottage and guest house with a%bathroom has been installed and built right on the line. He also has a~bathouse and a garage in addition to the main house. Note also that he has 75 foot frontage and I have only 50 foot frontage. Adjoining owners arc on high land (not adjacent owners) in the area and have considerabl n~)r~ frontage so they can have basements and side yards to build on. Therefore this building would not detract from or be in any ';ay a d,~trJment to the area nor do we intend to use it for any guest i~ur;~oses or anything but storage. Furthermore the use of the storage build,hq would be more beneficial for the actual use of the main house. At this moment (winter) the boat is anchored on sand and th~ sail boat is in the porch :rendering the house useless until ew~rything is taken out in the spring. The house is not used in the w~nter but any storage m6st be' left in the open in the summer. This accessory building is not a detriment to anyone. ) ss ............ .?m'I,,C, LA~,~I~ ~ ~ ........... COUNTY OF BRONX ) NICHOLAS D.S~s ' Sworn tothis .......... .~...O~.. ......................... day of ..........................~[~..b~..~ .......... 19 80 (Today's Date) To: Southold Town Board of Appeals Main Road Southold, NY 11971 Re: Appeal Application of~.L~ Locat%on of Property: ~ ~ . Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use Regulations, 6 NYCRR, Part 661, and Article 25 of the New York State Environmental Conservation Law, please be advised that the subject property 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. [ ] May be located within 300 feet of tidal wetlands; and there is no bulkhead or concrete wall existing on the premises. [ ] Is not located within 300 feet of tidal wetlands to the best of my knowledge.* [Starred items (*) indicate your property does not appear to fall within the jurisdiction of the N.Y.S.D.E.C.] Sincerely yours, (Signature please~ I'0115 ' --~----~) ' '?-7~ ord~:r to ot~wer ~he questions in thi..hart EAF i~ ~s assumed [ho[ ~he preparer will use currcn~.ly available infor~r,o~ion concerning projec[ (~n(] ~h~ likely im~)~cts o[ ~he ac[ion. ~ is no[ cxpec[cd oddi[iona] s[udicr., rc:~corch or oLher investigations will be under%a~en. (b) Ii' any quer. Lion has been answered Yes ~he projec~ may be. ~ignificom% 9~]c] 0 compleLcd Envlronm~n{ol Assessmen~ Form is necessary. (c) ]f oll ques[ions have b~en'gnswered J~o i~ is likely %h~ ~his projcc~ ~5 not significant. .. 7%--E"i'1~ T,75~-o~:C result--in O large physical change [o thc l)rojccl silo or physically ol~er more ~k,-n 10 acres or land? ................... 2. %'/ill ii,crc bca major change ~o any unique' -u,,usuol land foxm found on ~he si~e? ......... 3. 10. 11. 12. 14. ]5. Yes X No . Yes, ~ ~'1ill pro~ect alter or hove a large e~Fect on existing body of water? ...................... :Y-e'.~Nc' Will project have o paten'tidily ].argo impoc~ on grouncJ',,mter qu?li~y? .......... Yes~'No flow on adjacent sites~. .................. . . .. ,' Yes,~ No. Will project of[eot any threatenad or endangered plant or oni:~l species? .......... ~Yes. ~No Will project result in o major adverse effe~t cJlc~roc~er of the cofllmunz,y or scenic views or Vis[a5 known ~o'bc impor~on~ ~o %he communi%y?. Yes. Will projcci odvcrsel)' impoc[ any site or .. 5[ruc~ure of his[eric, prehistoric or poleon[ologicol importance or o~y si~.e dusignatcd os o crltic(:l O,lvironmentol area ~'/ill pro3act have a major c[fcc~ on cxis¢ihg or fu[urc rccreo~ionn] opportunities? ......... Yes~ %/ill projec~ rcsul~ in .~ojor ~raffi'c problems or. cour. e o major cffec~ ~o existing ~ranspor[a~on systems? ....................... Yes~ No Will projec¢ .regularly cause objectionable o(]ors, noise, glare, vibration, or electrical dis%urbonce os a rcsul¢ of ~Jle project's [ion? ' opera ..................................... . %'1ill projcc¢ hove an)' ic~poc~ on public heol%h Foty? Yes ~ No %'/ill p~oject affect the existing community by" d~ec[~ causing o growt~ ~n permanent i)opu~ot~on of more than b perce(~t over o one year per~od or have o mo~o~ negative effect on the character at t~e communit~ ne~ghJ,orhood? Yes ~ No Is there public controversy concern{no the 'eject? Yes ~ No Ye$._~_No' PREPAREP,'S S]GIIAIURE~_~__ NEW YORK STATE D O? ~,:',££RO.,_w~NTAL COlqSERV_%TI Regulato~r Affairs Building 40, Stony Brook, }~' 1!794 Robert F. Flacke C~...,~ ssioner NO PERMIT NECESSARY - TIDAl. WETLANDS ACT Thee ~ to ~=~o~ you that ~e ha~e detem~aed ~hae you~ p~opo~al to has been reviewed and that it has been found that no permit is necessary under Article 25 (Tidal WetlanUs). Ass"aming you have obtained any other applicable permit~, you ~y proceed with your project. OJL/cr Very truly yours. DANZEL J. Lg?d(IN Regional ~ · * . erm~_ Administrator 'YORK ~rATE DEPARTMENT O~RONI~NTAL ~]gP. VAT~ON Regulatory Affairs Building 40, SUNY Stony Brook, NY 11794 Ro~rt F. FI~' Nove iber 7, 1980 Nicholas B. Yuelys 6159 l{roadway Bronx, New York 10471 has been reviewed and thit it Article 25 (Tidal Wetlands), Assuming you hav~ ob~at~/ your project. DJL/cr JUDITH T. TERRY TOWN CL~RK REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 September 14, 1981 TELEPHONE (516) 765-1801 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal No. 2886 application of Nicholas D. Yuelys for a variance. Also included is notice to adjacent property owners; Short Environmental Assessment Form; Letter relative to N.Y.A. Tidal Wetlands Land-Use; Notice of Disapproval from the Building Department; and survey of the property. ~~,~_~ Judith T. ;err~ JTT/bn Town Clerk TOW~ OF SOUTHOLD, NEW YORK ACTION OIP THE ZONI~G BOARD OF APPEALS AppealNo. 2769. Application Dated December 3, 1980 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN' OF SOUTHOLD To Mr. Nicholas O. Yuelys 6159 Broadway Bronx, NY 10471 ~AT~ ...3./..1.3./.133 Appelinnt at a meeting of the Zonlng Board of App~is on December 29, ]980, was considered and the action indicated b~low was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance (X) Request for a variance to the Zoning Ordinance a r t. I I I, S e c. 100- 32 ( ) the appeal granted ( ) be de.ed pursuant to Article .................... ~etion .................... Subsection .................... par~raph .................... of the Zoning Ordinance a~ the d~ion of the Building Insp~tor ( ) be reversed ( ) be confirmed b~ause Appl i cati on of Ni chol as O. ~, 6159 Broadway, Bronx, NY 10471 for a Variance to the Zoning ncc, Art. III, Sec. 100-32 for permission to construct accessory building in the frontyard area at 56005 C.R. 27 (28), Greenport, NY; bounded north by L.I. Sound; west by Candan; south by C.R. 27 (North Road); east by Atwan; County Tax Map'Item No. 1000-44-1-19. (SEE REVERSE SIDE) 2. VARIANCE. By resolution (fl the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties or hardship because (SEE REVERSE SIDE) (b) The hardship created (is) (is not) u~klue ~'ld (would) (would not) be shared by all properties alike in the immediate vicinity of this proP~_._rt.~ and in the same use district _bp. cause :9: F) ,"6CD,SL '., -;0 P O g:t~ ,I .,'..3ll2 -' o.n2.'cl ' .o D:: _:_'. :: .~- (SEE REVERSE S.DE) (e) The variance (does) (~ not) observe change the character of the district because (SEE REVERSE SIDE) the spirit of the Ordinance and (would) ~ (would not~ and therefore, it was further determined that the requested variance ( ) be granted ( that the previous decisions of the Building Inspector ( ) be confirmed ( ) bm reversed. ) be denied and FORM Z~4 ZONING BOARD OF APPEAL~ The findings and determination of the Board are as follows: Appellant has appealed to this Board seeking a variance to con- struct accessory storage building in the frontyard area approximately 13' north of the North Road and two feet from the easterly proper.ty line. The premises in question is approximately 6,500 sq. ft. in area and existing on same is a one-story frame house with porch. Upon inspection the Board found the easterly neighboring property to have a structure(s) built right up to this side line. The Board'recognizes appellant's need for a storage area, however are not in agreement with the sole location requested in the within application. The Board finds that a detriment to adjoining properties will be created if the variance is granted as applied for; that a substantial change in the character of the neighborhood will be produced; and that the interests of justice will not be served by the granting of the relief requested herein.. On motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, that Nicholas D. Yuelys' application for a variance dated December 3, 1980 be denied without prejudice, as applied for. Location of Property: 56005 C.R. 27, Greenport, NY; bounded north b~ L.I. Sound;~ west by Candan; south by C.R. 27 (North Road); east by Atwan; County Tax Map Item No. 1000-44-1-19. Vote of the Board: Ayes: Messrs. Grigonis, Douglass, Goeh- ringer and Sawicki. Absent was: Mr. Doyen. APPROVED ZCEIVED AND FILED BY Town Clerk, ~oxvn of S~II:c!~ REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because this home is small and lacks any storage area and because it is located on the water level, an accessory building and garage cannot be built on the r~ar yard as required by the zoning ordinance. Since it is impossible to build on the rear yard, of necessity any construction must take place in the front yard. At present when this home is closed after the summer, (being strictly seasonal), everything must be mOved into the house. There is absolutely no storage area space in the house which is not utilized and there still remains insufficient space to store the other summer items. The sail boat is stored in the front porch with considerable difficulty. The other boat is left outside. F~any items have to be carted to the city. An accessory building is an absolute necessity. The reason for the garage is not to change the character of the neighborhood so that it would be identical to the existing garage on ATWAN'S property. In order to comply with the previous request of the Board, the garage is added so as to not change the character of the neighborhood. The previous application is attached hereto and made part hereof, along with the decision dated January 13, 1981. The strict application of the ordinance would render the construction impossible in view of the fact that the erosion of the sound and the rising of the waters during the winter cannot permit the construction in the front yard. 2. The hord~hip created is UNIQUE and is not shored by oll properties alike in the immediate vicinHy of this property and in this uSe district because we are the only house in the area that is on a beach level with an open bottom that does have water in times of storm and stormy high tides and having only a front yard. The side yards being to close to the neighbor's property to be able to construct. There is no room to construct an accessory building except in the f~ yard. 3. The Variance would observe ~e spiNt ~ ~e Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT becau~ in addition to the reasons set forth in the application sworn to b~ the applicant on December 2, 1980 and attached hereto and made~ar [ of this application, this application t has a garage added to the construction. Exhibit A attached hereto shows that it will be constructed like the mirror image of the property adjacent to mine. Exhibit B shows the identical front as Atwans garage. The accessory building will be constructed exactly like the one on ATAWN'S property. The sole purpose of the garage building is to come within the outline of the Board's decision so as not to change the character of the neighborhood. It should be pointed out that the construction on the other side of any building (adjacent to Candan) would destroy the front lawn, small as it is, and deprive the main building of the winds which prevail in that area. The character of the district would not be changed in any respect and would enhance the character of the district. The applicant is a professional engineer and his opinion as such is that the construction would not change the character of the district in any respect. Cceed,~p o~ ~ ~p.m-~, ~r) STATE OF NEW YORK ) ~ ~.... ~ ) ss ......................... COUNTY OF BRONX ) NICHOLAS D. ~ ' LOUIS J. RENNA Notar~ Public, State of New rio, 24-8546250 Qualified in KinEs Court/ ~tfN OF SOUTHOLD, N~V YO~ APPEAL FROM DECISION Of: BUll. DING INSPECTOR DATE September 14, 1981 TO THE ZONING BOARD OF APlaEALS, TOWN OF, SOUTHOLD, N. Y. 1,s. .................... ..,6. ........................................... Nome of Appellant StreW' and ~ ................. J3~on.x~..~.,X .................................................. N.Y ......................... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ........................ ' ............. ,DATED September 14 · 1981 WHEREBY THE BUILDING INSPECTOR DENIED TO NICHOLAS Do YUELYS Nome of Applicant for permit of 6159 Broadway, Bronx, N.Y. 10471 Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY PERMIT for Construction of Garage and Accessory Building ( ) ( ) (X) 1. LOCATION OF THE PROI~RTY ..... .5..6...~..~..5....~.~..~....u~?/..t..~..~.R..~...a..d.~.4.~8..L~.G...r..e..e.n..p...~..r...t..~.~N...'.Y...... ...... Street Use District on Zoning Mop .... LQ 9.0. ............ $.~ c.~i.o~...4.4j.~/&~k.. 1..L~k ...19 Mop No, ~ No~ 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Or~nonce by hum.bar. Do not ~uote the Ordinance.) Article III Section 100-32 . 3. TYPE OF APPEAL Appeal is mode herewith for (XX} A VARIANCE to the Zoning Ordinance or Zoning N~ ( ) A VARIANCE due to lack of access (State of New Yo~k Town L~w Chap. 62 C~. Laws Art. 16 Sec. 280A Subsection 3 · 4. PREVIOUS APPEAL A previous appeal (has) (Jl~e~'*~'r"l~ been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( x ) request for o variohce and waS made in Appeal No ...... 2.T~9..; .............. Doted REASON FOR APPEAL ) A Variance to Section 280A SubSection 3 A Variance to the Zoning Ordinance ) is requested for the reason that' 't~e pr6visions of zoning ordinance fqKbids the location of a ga=age and accessory building in the front yard. (Continue on other Side) ~ oor~oo"T [.,o~,~e. To bo,,.~ o~, ~ 1o.,~ 0~j,~,,,+ 4-0 ~ BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of NICHOLAS D. YUELYS to the Board of Appeals of the Town of Southold TO: HARINT CANDAN NORTH ROAD GREENPORT, N.Y. NOTICE TO ADJACENT PROPERTY OWNER ALPHONSE M. ATWAN 50 Wimbledon Lane Great Neck, N.Y. 11020 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) [~[q~'Lfl~~~(the following relief: To construct an accessory building and garange in the front yard ). adjacent to the lot ow/led Dy ALPHONSE M. ATWAN 2. That the property which is the subject of the Petition is located adiacent to your property and is des- cribed as follows: The lot is 50 feet wide fronting on the County Road extending to Long Island Sound and between the lots of CANDAN (East) and ATWAN ~W~s~). 3. That the property .wJ~ich i$ tl~e subject of such Petition is located in the following zoning district: -~eslaent~a± 4. T~atbysuchPetition, theundersigned willrequestthefollowingrelief: Variance to construct an accessory building in the front yard ~d also garage in the front yard, exactly similar to Atwan so as not ~ change a the character of the neighborhood on the side lot line adjacent to ATWAN- $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article III Section 100-32 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma), then and there examine the same during regular office hours. (516) 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. Dated: September 11, 1981 Petitioner NICHOLAS D.%-~ELYS V ~ Post Office Ad~ 9 Broadway Bronx, N.Y. 10471 212 884-9330 NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS ALPHONSE M. ATWAN 50 Wimbledon Lane, Great Neck, N.Y. 11020 HARINT CANDAN P 304 418 212 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED-- NOT EOR INTERNATIONAL MAIL (See Reverse) SENT TO PO, STATE AND ZIP CODE ~ RESTRICTED DELIVER~ " ~ ~DADDRESSOF ~ ~ ~ SHOWTOWHOMANDDATE ~ ~ ~ OEUVEREOWITHRESTRICTE( ~ ~ ~HOWTO~HOM ~TEA~B ADDRESS 0F DELIVERY WITH eESTmC~D~ NICHOLAS D. YUELYS of September ,19 81 NORTH ROAD, GRE5 P 304 418 211 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED-- NOT FOR INTERNATIONAL MAIL (See Reverse) SENTTO STREE-F AND NO ~STAGE $ f~ SHOW TO WHOM AND AND ADORESS OF ¢ ~ ~ ~OWmW~OUAN~DA~( 8 ~ ~TE AND , residing at 3240 Tibbett Avenue, Bronx, N.Y. , being duly sworn, deposes and says that on the Iz~t6h day __, 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, N.Y. ; that said Notices were mailed to each of said persons by (certified) ~i~l~,~i~:) mail. Sworn to before me this %4 t~h_ day.of SeDtembe~r' ~7~19 81 .~Publ~c · : ? D~ KJngs Cou~ NICHO .AS a. 'bx s I/0 "' Ioo*-- INSTRUCTIO'NS APPEAL APPLICATIONS Notice of Disapproval from the Building Inspector. Application in Triplicate (photocopies and carbons accepted), including the following information: a. Approval you are requesting. b. Location of Property; County Tax Map Item No. and Street Address; Hamlet. c. Provision of the ZoHing Code being appealed (~ee Building Inspector's Disapproval). d. Has a previous appeal ever been applied for regarding this property? 'e. Reasons you are requesting this approval. f. Why you are presented with a hardship or practical difficulty without this variance; why the hardship is unique in comparison to neighboring properties; and why the character of the property and district will not be changed. 3. Notice [to adjoining property owners] form, as follows: One.copy (front side filled out only) to be sent by certified mail to each adjoining property owner of this property. Please check with the Assessor's Office for the current owners and mailing ~ddresses of these adjoining property owners. bo One copy (front and back filled out) should have the certified receipts attached to the back, and filed with the appeal application with the Town Clerk. Environmental Assessment Short Form. ~ ~~~. At least three copies of a survey or sketch of the subject property showing the proposed building and giving all dimensions of the building(s) and setbacks from all proper- ty lines. [If this property is within 500 feet of a waterway, County or State Highway, Town or Village boundary line, State or County~p~rk, recreation area, public building, please submit five copies of a sketch or survey.] Ail of the above documents should be filed with the Town Clerk's Office, Town Hall, Main Road, Southold, NY 11971. Filing fee: $15.00 (made payable to the Southold Town Clerk). You will be notified by mail, and through the local newspapers (Suffolk Times and Long Island Traveler-Watchman) as to the date and time of the hearing on your application. If you have any questions, please do not hesitate to call our office at 765-1809, or the Building Inspector at 765-1802. TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL PLEASE TAKE NOTICE that your application dated ............... .~.'t.. ~..7 .... /,'/19. ? ~. for permit to construct..D..[ ?.h.t'.~.t .f..t?.../y'.c. !..2 ~.t'. !,. !...?. ;.,~ ?,.,.~! f.... (.~. ,...n.t.. ?..'~ ......... at Location of Property .~'(~ ('~ f(~ON'~? ~ OA ~ t/~', r~d~ r_l: ~4 ~k"/ h~'e hid .......................'s't;~i '~ ...................... fl;,~i.~' County Tax Map No. 1000 Section ....... 1.(.?... Block ........ ! ..... Lot ... (..~. ....... Subdivision ................. Filed Map No ................. Lot No ..... -..-- ........... is returned herewith and disapproved on the following grounds . ,.~f. (.l~ .'~: ~ ~ .t. .'~ .... ,: .~'. ! ~. .,: .~ ~. . .~.. . .¢.~('.':... :). !~. ?.'t: ~'. !'~ 9....q'.'...~'. ~. ~..':' .... ',' .q !..'? ...... .?.( ~...:. :' .... ~. :.'. '7'.".... .':'9..'"..'~. .......... ~. . ~. .7 . . . ~ ...... ~.' i".q . -. . ~ .~ ................................ '/?'";f '? ~""~ Building Inspector A,; ,-/ ft RV 1/80 FORM. NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 765-180~ Examined ................. 19 ... Approved ................. 19 ... Pcrlnit No ............ Disapproved a/c ..................................... Application No ................ (Building Inspector) ~ APPLICATION FOR BUILDING PERMIT INSTRUCTIONS a. This application must be completely filled in'by typewriter or in ink and submitted in triplicate to the Buildi Inspector. with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot i'Ian ~howm:: location of lot and of buildings on premises, relationship to adjoining promises or pubEc sire{ or areas, ami ?wing a detailed description of layout of property must be drawn on the diagram which is part of this cation. c. The ~(,rk covered by this :q~plicalion may not be commenced before issuance of Building Permit. d. Upon :lplqt .'al (q' this apphcation, thc lhfilding Inspector will issne a Buihtmg Permit to tile apvlicant. Such pern ,.hall be kept ,m the I~tt'llll?;c5 available for inspection throngbout the work. c. No buthti:?, shall he occupied or nscd in whole or in part for any pnrpose whatever nntil a Certificate of Occupan hall have Iwen grant:d by the Building Inspector. AI'I'LI('A I ION IS IH!Rt!BY MAI)E to the Bnihling Department for the issuance ora Building Pe~it pnrsuant to ,u,ldu,~ Zone ()/dinancc of the 'Iown ~f Souibold, Suffolk County, New York, and other applicable Laws, Ordinances ;~cgulations, fo~ ll~e cot~struction of buildings, additions or alterations, or for removal or demolition, as herein describe Fhc :~I'Plicant 3:,rccs to comply with all applicable laws, ordinances, building code, housing code, and regulations, ~d :dmit author~:tcd inspectors on premises and in buildings for necessa~ inspections. ' (Signature (Mailing address of applicant) / ~ t/7/ :nrc x~ht,~h:,l ,q,;'?iC;Ult iS ox',ncl, lessee, agent, architect, engineer, general contractor, electrician, plumber or build ......... - ...................................................... (as on the tax roll or latest deed) ,q~plit :mt ~:; ,~ t~tl'~l.H:~a, ~iyll:lhHc of duly aulllol'iZcd officer. and title of co:p~,rate officer) Bnilder's I.iccm, e N,) .... ~d,O'/tt'~. ~' ............ Plu her s I.Jc,'n>: No ......................... }'-]cc r ~ ; n s }.Jccm, c ,~o ....................... Oilier ' * , ' I r:,de s Liccn':e No ...................... Location of land on which proposed work will be done..../V'. ~.~.?'7.'~. ..... . .,~..,....~.o..o'..~.,~..~.~..~... .......... ......... ............ &... ...... Itouse Number Street ltamlet County Tax Map No. lO00 Section ..... ~.~. ......... Block .... d ............. Lot.. /q Subdivision ..................................... Filed Map No ............... Lot .............. (Name) a Exislin,uscandoccu~ cv / ~ t/ ................... b. Intended use and occupancy .a~e.. ~m,/~. ~e~fi.(, ~/./~ off~s.~,y.~,g~/n.e e ........ Nature ofw'(::rk (check which applicable): New Building ' ' Addition . ..1~....~:. Al~6ration ......... Repair .............. Removal .............. Demolition .............. Other Work ............... ~0~,..~.~ ..~ (Description) Estimated Cost ...................................... Fee /t:9 (to be paid on filing this application) If &veiling, number of dwelling units ............... Number of dwelling units on each floor ................ If garage, number of cars ........................................................................ If business, commercial or mixed occupancy, specify ~ature and extent of each type of rise ..................... Dimensions of existing slmctures, if any: Front ' Rear .............. Depth ............... lteight ............... Number of Stories ........................................................ Dimensions of same structure with alterations or additions: Front ................. Rear .................. Depth ...................... l leiv. O~t ...................... Number of Stories ...................... Dimensions of entire new construction: Front ............... P, ear ............... Depth ............... tteight ............... Number of Stories ........................................................ Size of lot: Front ...................... Rear ...................... Depth ...................... Date o'f Purchase ............................. Name of Former Owner ............................. Zone or use district in which premises are situated ..................................................... Does proposed constrncfion violate any zoning law, ordinance or reeulation: otot~re~ ~r Will lot be re:~:adcd ............................ W'i~ excess fill be removed from premises: Yes No Name of Owner of premises ~e~t~...~., . .~4/~.e'.~Address ~.~.q. ~'_. ,~?~.~¥4;J¢ .'ff... Phone No.~O.~,~. Name of Architect ........................... Address .... .~.~'?.~. ~..* .~'. '.~.... Ph. one No ................ Nmne of Contractor .......................... Address ................... Phone No ................ PLOT DIAGRAM Loca~e clearly and dbtinctly all ou'ld'ngs, whether existing or proposed, and indicate all set-back dimensions from ,,i~erty lines. Give street and block number or descriptioo according to deed, and show street names and indicate wh~thcr :,'riot or cornel lot. :~NTY OF . (~~ S.S ....__ __. ,:, ,ii---- IX,....) .1 ¢/.,~ [~.?x . . '.V': '. '. Z~ ~,. [.~._._~I~l ' '~,' ' ................ being dnly sworn, deposes and says tlmt he is the applic2nt (Name ofindividnal signing contract) ,x? named. is the ...... ~. 5... ~ ....................................................... (Contractor, agent, corporate officer, etc.) said owner or owne~, and is duly authorized to perform or have performed thc said work and to m~e and file this qication; that all statements contained in this application are true to the best of bis knowledge and belief; and that the rk will be performed in thc manner set forth h~ the application filed tl~erewith. om to before me this 8o. 2~ -~m~ ~ ......... ~ ~111~ In gini: I;0u:Sy . f applicant) TOWN OF SOUTH'OLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE September 1,t, TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. i, .................... of ..................... Name of Appellant Street and Number ................. Rr. on.x,,...N...¥ .................................................. N,Y ......................... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED September 14, 1981 WHEREBY THE BUILDING INSPECTOR DENIED TO NICHOLAS D. YUELYS Nome of Applicant for permit of 6159 Broadway, Bronx, N.Y. 10471 Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (X) PERMIT for Construction of Garage and Accessory Building I lOCATION OF THE PROPERTY 56005 County Road 48, Greenport, N.Y. Street Use District on Zoning Mop :].qO0 ............ ~.C ~.~ ~.O.~ ...~ .4.. ]~ 3~q C~.. 3, .. T,Q .t... 19 Mop h Jo Lot No. 19: 2 PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- sectiot~ and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article III Section 100-32 3 TYPE OF APPEAL Appeal is made herewith for (XX) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art 16 Sec. 280A Subsection 3 4 PcF',fOUS APPEAL A previous appeal (has) ({Ifa~xtlv~) been made with respect to this decisio,~ cf ~r' f~mlding Inspector or with respect to this property. ~,~ h :,ecl wns( ) request for a special permit (X) request for a variance and wn% made in Appeal No ....... 22~9 ................. Dated REASON FOR APPEAL ( ! A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ( ) is requested for the reason that' the provi$±ons o~ zonLng ord£nance ~orb±ds J the loeat±on o~ a garage and accessory bu±lding ±n the ~ront yard. Form ZBI (Continue on other side~ REASON FOR APPEAL · Con tinbed 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- saryHARDSHIP because this home is snk311 and lacks any storage area and because it is located on the water level, an accessory building and garage cannot be built on the r~ar yard as required by the zoning ordinance. Since it is impossible to build on the rear yard, of necessity any construction must take place in the front yard. At present when this home is closed after the sunnier, (being strictly seasonal), everything must be mOved into the house. There is absolutely no storage area space in the house which is not utilized and there still remains insufiicient space to store the other summer items. The sail boat is stored in the front porch with considerable difficulty. The other boat is left outside. Many iter&~ have to be carted to the city. An accessory building is an absolute necessity. The reason for the garage is not to change the character of the neighborhood so that it would be identical to the existing garage on ATWAN'S property. Tn order to comply with the previous request of the Board, the garage is added so as to not change the character of the neighborhood. The previous application is attached hereto and made part hereof, along with the decision dated January 13, 1981. The strict application of the ordinance would render the construction impossible in view of the fact that the erosion of the sound and the rising of the waters during the winter cannot permit the construction in the front yard. /~l~/~'~Ja %,*~A 2. The hardship createdis UNIQUE ondisnotshared by oll vicinl~v<Jth/s property and in this use district because we are the only house in the ~rea that Js on a beach level with an open bottom that does have water in times of storm and stormy high tides and having only a front yard. The side yards being to close to the neighbor's property to be able to construct. There is no room to construct an accessory building except in the front yard. 3 The Variance would observe the feint of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT becou~ in addition to the reasons set forth in the application sworn to b~ the applicant on December 2, 1980 and attached hereto and made part of this application, this application has a garage added to the construction. Exhibit A attached hereto shows that it will be constructed like the mirror image of the property adjacent to mine. Exhibit B' shows the identical front as Atwans garage. The accessory building will be constructed exactly like the one on ATAWN'S property. The sole purpose of the garage building is to com~ w~hin the outline of the Board's decision so as not to chanqe th~ ~d~4ract~r of the neighborhood. It should be pointed out that the construction on the other side of any building (adjacent to Candan) would destroy the front lawn, small as it is, and deprive the main building of the winds which prevail in that area. The charqcter of the district would not be changed in any respect and would enhance the character of the district. The applicant is a professional engineer and his opinion as such is that the construction would not change the character of the district in any respect. ~%,~,0 ~ ~e~4~ ~w~ STAT[: OF F~EW YORK ) ~ ~ /~ ~~ COUNTY OF BRONX ) NICHOLAS D. Sworn tn this ........... i....];..~.~-.h:,. ..................... day of ~f~-f~,i~9.~..~' ...................... 1981 :/ Notary Public LOUIS J. No. 24.~54625~ ~u?liod in ~ings ,,'r Z ~ '-- hl A c~.J,~,ry e,u,,.o~p,c! I~A_RD OF A._PP~E~A_LS, TOWN OF SOUTHOLD In the Matter of the Petition of : NICHOLAS D. YUELYS : to the Board of Appeals of the Town of S~uthold : TO: HARINT CANDAN NORTH ROAD GREENPORT, N.Y. YOU ARE HEREBY GIVEN NOTICE: ALPHONSE M. NOTICE TO ADJACENT PROPERTY OWNER ATWAN 50 Wimbledon Lane Great Neck, N.Y. 11020 1~Thati~istheinten~i~n~f~heundersignedt~petiti~ntheB~ard~fAppea~s~ftheT~wnof$~uth~~d torequesta(Variance) k~31Jlg~v,g~R~Jl:~(thefollowingrelief: TO construct an accessory building and garange in the front yard --~d~Cent t~ t~e lot owned by ALPHONSE M. ATWAN 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: The lot is 50 feet wide fronting on the County Road extendinq to Long Island Sound and between the lots of CANDAN feast) and JLTJ6[AAL_(W~st) ...... 3. That the proR~rty .wJqich iS th.e subject of such Petition is located in the following zoning district: ~eslaentlal 4. That by such Petition, the undersigned will request the following relief: Variance to construct an accessory bui:lding in the front yard and also a _garage in the front yard, exactly similar to Atwan so as not to change the character of the neighborhood on the side lot line adjacent to A'IWAN- $~T~att~e~r~~is~~ns~ftheS~uth~~dT~wn~~ning~~deapp~i~ab~et~there~iefs~ughtbytheunder- signedare Article III Secti~ 100-32 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 ther.' examine the same during regular office hours. (516) 765-1809. 7. Thai before the relief sought may be granted, a public hearing must be held on the matter by lhe 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 Souihold and designated for the publication of such notices; that you or your representative have the right io appear and be heard at such hearing. Dated: September 11, 1981 Petitioner NICHOLAS Post Office Adc~ 9 Broadway Bronx, N.Y. 10471 212 884-9330 PRQOF QF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRE,SS 50 Wimbledon Lane, Great Neck, 11020 NoYo INT CANDAN NORTH ROAD, GREENPORT, N.Y. STATE OF NEW YORK ) COUNTY OFSUFFOLK) SS.: NICHOLAS D. YUELYS , residing at 3240 Tibbett Avenue, Bronx, N.Y. , being duly sworn, deposes and says that on the I4'~h day of __ Sei~tember __, 19 81 , 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- rice at Southold, N.Y. ; that said Notices were mailed to each of said persons by (ceflified) ~er~l~) mail. NICHOLAS D. YbK~L:~S V ~ ...... (~7--]1~ order to on.swot the questions in ~his short DAF i't is that the prepf~rer will usc currently available infor~:,olion concerning the project nnd tl~, ]ihely tropic'ts of the action. It is not expected ~hat oddit.[on()] 5tudir..r,, rr:sac;rch or other investigation~ will be undertaken. (1)) ]i' any quer. tJ¢,n h,s beun ons'.~ered Yes ~he project may be (c) If oll (ic, e:;Lions ]]ave becn'onswcred Ilo it is likely that this J-. .... L';]'i--]~r~iJ~.~'[-r~t%]3~-~r, o 1.rge pl,y::icol change to ~J)¢: i)z'ojccL silo or phy:~icol]y ol~er more · uhusuoJ, land fo~m found on the site?... .... Yes ~ 3. ?/ill pro~ect alter or here a large effect on ezistiag body of water? .................. . Yes ~ 4. Will project have o potentially large impact nd ir,to quo]ily? Yes~' OD grou ',' *r .................. 5. ?Fill project significantly et'feet drolnoge flaY,, on adjacent sites? ................. ..... . Yes~No 6. %','ill projec[ affect on), threatenad or endangered plant or animal ~;pecies? .... .Yes ~No 7. ?/ill progect result in o major adverse e~fe~'[ ' : ' on air quali'ty? ............................ Yes~No 8.' ~'Iill projecl hove o major effect on visual cJ,~rar:ter of the cot.tmunlly or sc. eslic views or v~ztf,:; knawn to'be importon{ to tl)ecommunxty...' o Yes, ~No._ ~. ~lJl] I;ro~ec¢ odver:,ely Jmlm(:l any si~e o~ .. s~ruc~ure of h~storic~ prehis*oric or p(~leon~ologicc~l importance or any designated os a criticol environmental oreo l)y ri local agency? ............ ~:...v~.:.....~.....v Yes ~0. ~'li~l project have e major effect on existing or future recreational opportunit~qs? ......... Yes~ No 11. b'.i~l project result in .,oj~or traffic problems or. cause o major effect to existing tro,sp~rtotJon ~ystem~.? ....................... Yes~ No 12. f/ill project regularly cause objectloneble ' o~ors, noise, glare, vibration, or electrical (tisturbonce os o result of the project's opera tier,* ' Ye ~No 13. Will project }rove say impact on public health safety? Yes ~ No 14. %Iill p~ojec[ affect the existing community by directly cousino o Drowth in permcment 1>opu]olJon at lllOFO ilion 5 percent over a one ycor per~od or have o mo3or negalivc oft ~he ciloroc~er o[ ~he community ,~eJqhl,o;hood? ................................. Yes X Nc, l:. tl,:re public controversy co,~,~r,,in( tl,e . project? ...................................... Ye.s X tlc, (Today's Date) Tc~: Southold Town Board of Appeals Re: blain Road Southold, NY 11971 Appeal Application of Location of Property: NICHOLAS D. YUELYS 56005 County Road Southold, N.Y. 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 ~tmte Environmental Conservation Law, please be advised that the subject property in the within appeal application: (please check one box) [ I 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. May be located within 300 feet of tidal wetlands; and there is no bulkhead or concrete wall existing on the premises. [ ] Is not located within 300 feet of tidal wetlands to the best of my knowledge.* [Starred items (*) indicate your property(.¢'~'~c~' .... ~ ~ ~ :,,~,~.~r to fall within the jurisdiction of the N.~ ..,. D.i'..C. Sincerely yours, NICtIOLAS D. YUEI,YE NI:~ YCPX STATE DEPAP.~/,~%.fU O'f" l.',!,',r£RO2 ¥31'~J, CONSERVATION Regulatory Building 40, SU~ Stony Brook, ~' Robert F. Flacke Commissioner NO P~TiHIT. I~L~SSARY - TIDAL W~C'LANDS ACT ~is is to info~ y~ t~t ~ ~ve detemi,xed t~t your proposal to has becn reviewed and that it ha~ be~ found tbaa no permit is necessary under Article 25 (Tidal Wetleuas). Assuming you have obtained any other applicable permits, you may proceed ~rlth your proJec[:. , ., . ~ ,~ ~ ~. ~. DJL/cr Very truly yours, DANYEL J. LA:.t d] Regional Permit Administrator TOWN OF SOUTHOLD, NEW YORK A!'PFAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE .............................. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Nome of Appellant Street and Number Bronx N.Y 10471 ........................................................................................... · ............................ HEREBY APPEAL TO Municipality State THF ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...... .97...t..°..b..,e.?....3...1..,.....l..9..l~.0. ........ WHEREBY THE BUILDING INSPECTOR DENIED TO NICHOLAS D. YUELYS Nome of Applicant for permit of 6159 Broadway, Bronx, N.Y. 10471 Street and Number Municipality State ) PERMIT TO USE PERMIT FOR OCCUPANCY PET(MET FOR CONSTRUCTION OF ACCESSORY BUILDING lOCATION OF THE PROPERTY 5~0,0~5 .~gunt~ Road 28, [~,~O~r-i.~%~/,O'~[ A~-V Street Use District on Zoning Map .10D 0 ~4~..-.lm19 ................................................... Mc, p h,~o Lot .No, 2 FR©VISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- sert,,~., und Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article III Section 100-32 IYt'E OF APPEAL Appeal is made herewith for VARIANCE to the Zoning Ordinance or Zoning Map VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws /,rt 16 Sec 280A Subsection 3 4 ;',~',,IOUS APPEAL A previous appeal has not ,,f t , ~,ldin§ Inspector or with respect to this property. (~, , c~l was ( ) request for o special permit ( ) request for o variance been mode with respect to this dec;s,o~, made ,n Appeal No ................................. Dated ........................................................... kEASON FOR APPEAL ! A Variance to Section 280A Subsection 3 ×, A Variance to the Zoning Ordinance ) requested for the reason that the provisions location of an accessory in the front yard and states that it must be in the rear yard. of zoning ordinance forbids the the ordinance (Continue on other side) _ & = FOR APPEAL Continued 1 STRICT APPLICATION OF THE ORDINANCE would produce practicaldifficultiesorunneces s'~r','HARDSHIPbecause this home is small and lacks any storage area and because it is loacted on thewater level, an accessory building cannot be built on the rear yard as required by the Zoning ordinance. 2 The hardship created is UNIQUE and is not shared by all properties alike in the immediate vic,nde, of this property and in this use district because We are the the only house in the area that is on a beach level with an open bottom that does have water in times of storm and stormy high tides and having only a front yard. The side yards being to close to the neighbors property to be able to construct. There is no room to construct an accessory building except in the front yard. I, Vnr,n,~ce would observe the spirit of the Ordinance and WOULD NOT CHANGE THE t~,',l ~ YFR ¢)F THE DISTRICT because The district and area is so built uF~ that 1~ w,>u]d be similar in all respects to the other buildings m,: : door on the Atwan side a cottage and guest house with a h ,: ~,,on ink, tailed and built right on the line. He also h~s] a b,, :~' .;,. ~,~ ~ g~]ra(je in addition to the main house. Note also theft ,' )t ~ rontaqe and I have only 50 foot frontage. Ad~o~nin(~ ~'..,';. -s, *r, , n hi(~h land (not adjacent owners) in the area and h~ve ',rontaqe so they can have basements and side, yards t<~ . :her~:f'ore this building would not detract fromm or b~' ~ : t ~ irm~nt to the area nor do we intend to use ii f,~r dny ~ :; ,:;es or anything but storage. Furthermore th~ uso of th~ b~ ,lin~j would be more beneficial for the actual use of the ma hou:~,~. At this ~ment (winter) the boat is anchored on sand and t.h~: sail boat is in the porch rendering the house useless unt~i everything is taken out in the spring. The house is not used in the winter but any storage must be left in the open in the summer. This acc~ssory building is not a detriment to anyone. ; ............ COUNTY OF BRONX ) NZCHOLR$ D.~S -- 5worn ~ ~hiS .......... doy o{ ................... D~G.~ER ........ 19 80 .... ............ ~ Nolory ~ublic ~~M~c~. 19 TOWN OF $OUTHOLD, NEW YORK ACTION OF THE ZONinG BOAKD OF AFPEAL$ AppealNo. 2769. Application Dated December 3, 1980 ACTION' OF THE ZONING BOARD OF APPE~M~S OF Title, 'l'O!&rN OF SOUTHOI.D Mr. Nicholas D. Yuelys 6159 Broadway Bronx, NY 10471 AppeUant at a meeting of the Zoning Board of Appeals on was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request /or a special exception under the Zoning Ordinance (X) Request for a variance to the Zoning Ordinance Art. I I I, ( ) December 29, 1980, the appeal Sec. 100-32 1. ~X~X~`X~/~X/3/~/`XL~//m~i~i~/~//~X~i/~q//a~d~x~X~i~~x~~i~n ( ) be tlranted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) bc confirmed because Appl i cati on o f Ni c hol as D. Yue~. s, 6159 Broadway, Bronx, NY 10471 for a Variance to the Zoning Ordinance, Art. III, Sec. 100-32 for permission to construct accessory building in the frontyard area at 56005 C.R. 27 (28), Greenport, NY; bounded north by L.I. Sound; west by Candan; south by C.R. 27 (North Road); east by Atwan; County Tax Map Item No. 1000-44-1-19. (SEE REVERSE SIDE) 2. VAF/IANCE. By resolution of the Board it was determined that ia) Strict application of the Ordinance (would) (would not) produce hardship because (SEE REVERSE SIDE) practical difficulties or unnecessary ih) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in tile immediate vicinity of this prope~rty and~i_n..j~esa~m_e_uae~d_igr_ic__t because (SEE REVERSE SIDE) (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (SEE REVERSE SIDE) (would not) and therefora, it was further determined that the requested variance ( ) be granted ( ) be denied and that thc previous decisions of the Building Inspector ( ) be conflrmed ( ) be reversed. FORM ZB4 ZONING BOARD OF APPEALS The findings and determination of the Board are as follows: Appellant has appealed to this Board seeking a variance to con- struct accessory storage building in the frontyard area approximately 13' north of the North Road and two feet from the easterly property line. The premises in question is approximately 6,500 sq. ft. in area and existing on same is a one-story frame house with porch. Upon inspection the Board found the easterly neighboring property to have a structure(s) built right up to this side line. The Board recognizes appellant's need for a storage area, however are not in agreement with the sole location requested in the within application. The Board finds that a detriment to adjoining properties will be created if the variance is granted as applied for; that a substantial change in the character of the neighborhood will be produced; and that the interests of justice will not be served by the granting of the relief requested herein. On motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, that Nicholas D. Yuelys' application for a variance dated December 3, 1980 be denied without prejUdice, as applied for. Location of Property: 56005 C.R. 27, Greenport, NY; bounded north by L.I. Sound; west by Candan; south by C.R. 27 (North Road); east by Atwan; County Tax Map Item No. 1000-44-1-19. Vote of the Board: Ayes: Messrs. Grigonis, Douglass, Goeh- ringer and Sawicki. Absent was: Mr. Doyen. AP i OVED Chairman RECEIVED AND FILED BY · ._~ EOU'~iOLD TOVfN CLEB]( l~wlez No. ~ ",t Year 19 SUPREME CODRT OF TtIE S'I'ATE OF N~J ¥OPg{ COUNTY OF SUFFOLK NICHOLAS D. YUELYS, Pe titiow~r aiTa in~,~ t C}IARLEff~ GRIGONiS JR.r Chairma:l~ JOSEPH SAWICEI, SERGIi DOYEN, ROBERT J. DOUGLASS and GERARD GOEHRINGER, constituting all the members of the ZONING BOARD OF APPEALS OF THE TC~qN OF SOUTHOLD, .qe s~x~ndents A .... ~s 78 PROCEEDINC, EXHIBIT E Attorney for NICHOLAS D. YUELYS Petitioner 6159 BROADWAY BOROUGH OF BRONX, NEW YORK 10471 (212) 884-9330 To: Attorney(s) for Service of a copy of the within Dated: is hereby admitted. Attorney(s) for PLEASE TAKE NOTICE [] that the within is a (certified) true copy of a NOTICE OF entered in the office of the clerk of the within named court on ENTRY NOTICE OF SETTLEMENT at on 19 , at that an Order of which the within is a true copy will be presented for settlement to the Hon. one of the judges of the within named Court, 19 Dated: NICHOLAS D. YUELYS Attorney for 6159 BROADWAY BOROUGH OF BRONX, NEW YORK 10471 To: Attorney(s) for N912 CL Copyright 1973 © by ALL~.ST~ATI~ LEGAL SUPPLY CO. 269 Sheffield St., Mountainside, N.J. 07092 STATE OF NEW YORK, COUNTY OF ss: I, the undersigned, am an attorney admitted to practice in the courts of New York State, and [] certify that the annexed ^.o,..y,, has been compared by me with the original and found to be a true and complete copy thereof. { [] say that: ! am the attorney of record, or of counsel with the attorney(s) of record, for ~ ^.o,..y,, . I have read the annexed · ~ v.,~..~o, know the contents thereof and the same are true to my knowledge, except those matters therein which are stated to be alleged on ~ ^.,~Yo~o. information and belief, and as to those matters I believe them to be true. My belief, as to those matters therein not stated upon knowledge, is based upon the following: The reason I make this affirmation instead of I affirm that the foregoing statements are true under penalties of perjury. Dated: STATE OF NEW YORK, COUNTY OF ss: being sworn says: I am [] in the action herein; I have read the annexed ~ ~.d~,~aoo~ know the contents thereof and the same are true to my knowledge, except those matters thecein which are stated to be alleged on ~ mformauon and belief, and as to those matters I believe them to be true. [] the of · ~c.,~o,o~ a corporation, one of the patties to the action; I have read the annexed ~ v~,~o,o~ know the contents thereof and the same are true to my knowledge, except those matters therein which arc stated to be alleged on information and belief, and as to those matters I believe them to be true. My belief, as to those matters therein not stated upon knowledge, is based upon the following: Sworn to before me on ,19 (Print signer's name below signature) STATE OF NEW YORK, COUNTY OF age and reside at SS: being sworn says: I am not a party to the action, am over 18 years of On , 19 , I served a true copy of the annexed in the following manner: [] by mailing the same in a sealed envelope, with postage prepaid thereon, in a post-office or official depository of the U.S. Postal Service s~.i,, within the State of New York, addressed to the last known address of the addressee(s) as indicated below: [] by delivering the same personally to the persons and at the addresses indicated below: Sworn to before me on ,19 (Print signer's name below signat.re) SUPREME COURT ~F THE STATE OF NEW YORK COUNTY OF SUFFOLK NICIIOLAS D. YUELYS, Petitioner against NOTICE OF PETITION CIIARLES GRIGONIS JR., Chairman, JOSEPH SAWICKI, SERGE DOYEN, ROBERT J. DOUGLASS and GERARD GOEHRINGER, constituting all the members of THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD, Respondents SIRS: PLEASE TAKE NOTICE that upon the annexed petition of NICHOLAS D. YUELYS, verified on the 16th day of November, 1981 and all the attach- ments thereto, includinq the decision of the ZONING BOARD OF APPEALS OF TIIE TOWN OF SOUTIIOLD, dated October 21, 1981, an application will be made to this Court at a Special Term Part I thereof, to be held at the court- house thereof, located at Griffing Avenue, Riverhead, New York on the 22nd day of December, 1981 at 9:30 o'clock in the forenoon of that day as soon thereafter as counsel may be heard for a judgment granting the relief demanded in the petition and directing that the decision of the or ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD, be annulled, vacated and set aside, and that the said ZONING BOARD OF APPEALS OF TIlE TOWN OF SOUTtl- OLD be ordered, directed and required to issue or direct the issuance of an appropri, at~ building permit for the petitioner in accordance with his application therefor, or and together with any further or different relief which ~o this Court may seem just and proper herein, and 1 I,~,ASk 'FAKE FURTIIER NOTICE that pursuant to Section 7804 (c), thc ~'~.'.;[~¢md(,nt shall serve its answer and supportinq affidavits, ii any; -1- at least,days before Dated: New York, N.Y. November 16, such 1981 time. Yours etc., NICHOLAS D. YUELYS Attorney for the Patitioner Office & P.O. Address 6159 Broadway Bronx, N.Y. 10471 212 884-9330 SUPREME COURT OF THE STATE OF NEW YORK COU;~'PY OF ~;UFFOLK NICIIOLAS D. YUELYS, against Petitioner CHARLES GR]GONIS JR., Chairman, JOSEPH SAWICKI, SERGE DOYEN, ROBERT J. DOUGLASS and GERARD GOEHRINGER, constituting all the members of THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD, Respondents TO THE SUPREME COURT OF THE STATE OF NEW YORK, follows: The petitioner, NICHOLAS D. YUELYS, PETITION COUNTY OF SUFFOLK respectfully alleges as ]. Petitioner is the owner of premises situated in the Town of Suffolk County, State of New York, and the premises are located Southold, on C~unty Road 48, also known as North Road, having house number 56005. On the County Tax Map 1000 as Section 44, Block I, Lot 19, and annexed hereto with a legal description is a copy of the deed, marked Exhibit A, showing that petitioner became the owner on September 9, 1963 and is still the owner. 2. That said respondents at all times herein mentioned constit- uteri a~l th~ members of the ZONING BOARD OF APPEALS OF THE TOWN OF SOUTIIOLD, of which Board the respondent, CHARLES GRIGONIS, JR. was and still i.s Chairman. I. Petitioner is the owner of a one family house locat,~d on the ~ ,.~mis~.~; dc,s~ribed in Exhibit A and a survey sh~winq its loc.,, ion is .~l~.,xed h~,r~tc~ as Exhibit B. 4. R~,spondent first applied for a bui]dinq porn~it to ad~! an acc~!;~;ory bui Iding on his property on October 31, 1980 which was dis- approved by the building inspector because it violated Article III, Section 100-32 of the Code of the Town of Southold, in that an accessory building in the front yard is not permitted. An appeal (No. 2769) was then filed to The Zoning Board of Appeals for a variance and which after a hearing, was denied without prejudice by the Board's decsion dated January 13, 1981, a copy of which is attached hereto as Exhibit C. 5. In order to overcome the objections of the Board as set forth in Exhibit C, namely,: "The Board finds that detriment to adjoining properties will be created if the variance is granted as applied for; that a substantial change in the character of the neighborhood will be produced; and that the interests of justice will not be served by the granting of the relief requested herein." petitioner filed for a building permit for a garage and an accessory building to the Building Department on September 14, 1981 and which was disapproved by the Building Inspector the same day as shown on Exhibit D, attached hereto, based on the same violation in that an accessory buildinq is only permitted in the rear yard, unless a variance is granted 6. An appeal to the Southold, Appeal No. 2886, was relief SOught was as follows: (a) Section 100-30 of front yard. (b) An bu~[dinq i~ th~ Zoning Board of Appeals of the Town of taken from said disapproval wherein the An accessory building, a permitted use under Article III the Code of the Town of Southold, to be built in the area variance to permit the placement of an accessory front yard. 7. A copy of said appeal, as filed, is annexed hereto under'a separate white back cover and marked EXhibit E, with the top paqe showinq the instructions of the Zoning Board of Appeals of the Town of $outhold. -2- 8. Petitioner duly complied with the instructions and filed aiq)eal and a hearing was held on October 15, 1981 before the Zoning his Board of Appeals of the Town of Southold, and said Board by resolution filed its decision, a copy of which is annexed hereto as Exhibit F, denying the request for a variance. 9. That evidence was duly presented to the Zoning Board of Appeals showing facts upon which the petitioner's application should have been granted and petitioner herein realleges and reaffirms such as follows: (a) The requirement of a hardship or practical difficulty has been met in both the prior application, wherein in the decision dated January 13, 1981 (Exhibit C) it is stated: "The Board recognizes appellant's need for a storage area, however are not in agreement with the sole location requested in the within application" and again in the decision, which is the subject of this Article 78 proceeding, dated October 21, 1981 (Exhibit F), it is stated: "However the Board does recognize the appellant's need for a storage building but does not agree with the specific location." (b) The fact of it being unique so as to require it to be built in the front yard is self evident inasmuch as petitioner does not have a rear yard, being located right on the ground level of the beach fronting on Long Island Sound and the closeness of the waters of Long Island Sound. (c). As to why the character of the property and district wi]] col. 1,,, ~'han~,d, a readin~j of th(~ decision dated ~]anuary [3, 1981, th~, } ~ ~or ~[~i~l ic,~f ion was denied in a conclusory statement roadin~l: ". ...... that a substantial change in the character of ~h,7 n~iqhborhood will be produced; an(] that the interests ~f justice will not be served..." facts -3- There were no reasons or basis for that conclusion in the record Nevertheless petitioner to overcome those conclusions filed the application which is the subject of this Article 78 proceeding. In paragraph 3 of the appeal application which was sworn to on September 11, 1981 by petitioner, the applicant in his opinion as a Licensed Profession- al Engineer of the State of New York, set forth that the construction would not change the character of the district in any respect. Furthermor, as filed in the appeal, petitioner further consulted an architect as to that part of the instruction requirements with the same results. There was no evidence of any kind given at the hearing in opposition to those statements and opinions. The Board in its decision gave as its conclusion that a substantial change in the character of the neighborhood will be produced. There were'no reasons or basis of same given. Also this is no basis for a denial as set forth later in a discussion of the law. (c) As to the interests of justice referred to by the decision which ~s a conclusion that can be abused when used and no reason, basis or criteria is set forth , as in this case. In any event discussing it we have an adjoining owner who appeared in opposition. At the first hear- ing he appeared by a local attorney and at the hearing subject to this review he appeared personally and the same local attorney also spoke in opposition. This adjoining owner has an accessory building on the side as shown by the only Certificate of Occupancy on file, attached hereto as E:<h[bit G. buildinq was fil~; i'(}r it.'¢ justic-t, th,~t the This is implicit At the time of the hearing there was no denial that this used as a quest house and that there was no Certificate on use as such. Yet the Board finds in the interests of accessory building should not disturb this neiqhbor. · in its findings. A reading of the oral minutes at the -4- hearing shows that petitioner answered every objection of the neighbor even to tho extent changing the construction to brick or concrete block. Petitioner has bent backwards to permit the neighbor to make use of his accessory building, in what petitioner believes is definitely an illegal use. (d) The conclusions of the Zoning Board of Appeals of the Town of Southo]d were the result of prejudice, arbitrary and capricious and should be annulled and reversed. ]0. A brief The case of Zebrowski specifically stating summary of the law in these matters is set forth: vs. Herdman, 339 NYS(2) 989,dealt in depth (which also applies to this case): "The Zoning Ordinance, therefore recognizes and permits the use requested by petitioners under special permit as consistent and in harmony with the over-all zoning plan. Petitioners, under these circumstances, are not obliqed to demonstrate that the Zoning Ordinance imposes unnecessary hardship or practical difficulties, Syosset Ho]dinq Corp. v. Schlimm, 15 Misc. 2nd 10, 159 NYS 2d 88, aff'd. 4 A.D. 2d 766, 164 NYS 2d 890 (2nd Dept. 1957) and a special permit cannot be witheld on that basis. Concerning the Zoning Board's findings of fact, set forth above, they disclose no evidence upon which they are based and are mere conclusions restating the language found in the Zoning Ordinance, Hatten v. Silver, 19 Misc.2d 991, 197 NYS 2d 535 (1959)." The decision went on further to state: "In respect to the area variance application, the petitioner need only show "practical difficulties" to support its request for the variance. Bronxville v. Francis 1 AD 2nd 236, 150 NYS 2nd 906, aff'd 1 NY 2d 839, 153 NYS 2d 220, 135 N.E. 2d 724 (1956). Conc~udinq the opinion went on: " In the absence of any demonstration or claim by the ',<~,ninq )~nrd (hn(- public henl~h, F;af(,ly ,~nd w~l far~, wil) b,' :;te~'v(,d by dc. nyLnq thc~ variauce, Full inq v. Palumb¢~, 2I ~Y 2d 30, 286 NYS 2d 249, 2q3 NFl 2d 272 (]967), petitioners hnve met their burden and justified their riqht to an a~-ca variance. For the reasons set forth above, the Zoninq Board's d~tc~rmination is found to be arbit~-ary and capricieus and an abuse of discretion. The determination should be -5- annulled and the Zoning Board is directed to issue a special permit and area variance in accordance with the petitioner's application dated August 17, 1971". The Board of Appeals derives its powers and is bound by Section 267 (5) of the Town Law and the pertinent part reads: "Section 267. Board of Appeals 5 .............. Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of such ordinances, the board of appeals shall have the power in passing upon appeals, to vary or modify the application of any of the regulations or provisions of such ordinance relating to the use, construction or alteration of buildings or structures, or the use of land, so that the spirit of the ordinance shall be observed, public safety and welfare secured and substantial justice done." Substantial justice to be done would permit petitioner to build an accessory building in the front yard , the same way my neighbors .q i nce of its f[ndinqs, the case cited cites Court of Appeals cases in support which have not been reversed, it would be only repetitiou that the Zoning Board of Appeals acted arbitrary and capricious and under an error of law. (Section 7803 (3) of the CPLR). 11. We have a further problem here in that the determination made as a result of a hearing held, and at which evidence was taken, pursuant to a direction by law, on the entire record, not supported by subst,~ntial evidence. It is Conceded that the Board may examine the I~vol~,,rty, (:onsult and otherwise observe in order to come to their but their find~nqs cannot be wholly conclusory with no reason, (,vi~l(,n(.~, ul)on which thoy como t:o thc, i r decision. The relief sought herein, if granted, would not cause substantial injury to the value of the property in the area, inasmuch as ~t is prevalent throughout with accessory bu~ld[nqs, and would not -6- impair ti]r, i~ublic health, safety or welfare of the ction of an accessory building does not touch even factors. Appeals, Town since the constru- remotely upon those 13. The said action and determination of the Zoning~ Board of was and is unsupported by substantial evidence, is illegal, arbitrary, capricious, improper and an abuse of its discretion. The action taken by the Zoning Board of Appeals has deprived your petitioner of the i right to make use of the property by denying this variance. 14. That thirty days have not elapsed since the filing of the decision of the Zoning Board of Appeals of the Town of Southold and no previous application for a court review of the decision of the Zoning Board of Appeals has been made. ]5. That the determination made as hereinbefore described was not made in a civil action or special proceeding by a court of record or a judge of a court of record; that it was not made in a criminal matter that it finally determined the rights of the petitioner with respect to the matter to be reviewed; that it cannot be reviewed by an appeal to a court or to some other body or officer; mination set forth is not authorized by upon the api~]icat~on of the petitioner, and the only has is this Article 78 proceeding. WHEREFOI{E , your petitioner prays that pursuant to the pro- visions of the statute in such cases made and provided, a judgment be on~,~] hor,~in, directing that the decision of the Zoning Board A~)[)~,,~[~ el~ I h~ 'l'(~wn of Southold bo annul led and theft ] ts detormin,l~ ]on tha~ ~}],~ [)~'~][-]onnr shall not have a variance be reversed, and that th~. Zonil]~i l{o,~-~t of A;3peals of the Town of Southo]d be ordeuod, directed that the Board making the deter- statute to rehear the matter remedy petitioner -7- and required to issue or direct the issuance of an appropriate building permit for the petitioner in accordance with his application for the loc- ation of an accessory building in the front yard; and prays that this court at a Special Term dispose of this cause on the merits d~termining all questions which may be presented for determination under Section 7803 of the CPLR directing the variance herein for the purposes herein Sought, together with such other further or different relief which to this court may seem just and proper. Dated: New York, N.Y. % ~l.a~P~--~ ~,,~J~,/ November 16, 1981 - - NICII6~A~ D.~YS-~ STATE OF NEW YORK COUNTY OF BRONX SS: On November 16, 1981 before me personally came NICHOLAS D. YUELYS to me known to be the person described in and who executed the foregoing before me and petition. Such person duly swore to such instrument duly acknowledged that he executed the same. CONSULT YOUR LAWYER BEFORE SIGNING THIS.INSTRUMENT--THIS INSTRUMENT SHOULD BE USED lily LAWYERS ONLY. ,J. s, 7. s. ...... THIS II"IDENTURE, made the ;~;';?' day of September , ninctecu hundred and. sixty- three BEI~NF-EN OTTO W. SCRAFER, devlsee under the Last Will and Testament of Emma T. Schafer, deceased, residing at East Marion~ Town of Southold~ Suffolk County~ New York~ par,y of the first part, and NICHOLAS~-YU~LYS~ residing at 321+0 Tibbett Avenue, Bronx 63, New Yo~k, party of the second part, WITNF..SSETH, that the party of the first part, in consideration of ........ One ($1.00) -- - - dollars, lawful mo,.'y of Iht United States,nd other good and valuable consideration pai(l 1}3' the party of Ihe second part, does hereby grant and release unto thc party of the second part, the heirs or successors :tnd assigns of the party of the second part forever, that ccrtaiu plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being )(~I~x at &rshamomoque ~ Town of Southold ~ County of Suffolk and State of New York~ bounded and described as follows: BEGINNING at a point located on the north side of North Road where the same is intersected by the east side of land now or formerly of Avedon and formerlY of Corwin~ which point is marked by a concrete monument set at the southwest corner of the premises about to be de- scribed; "i~ZNCE north 13 degrees 56 minutes bO seconds west along the eqsterly side of said land now or formerly df avedon and formerly of Corwin ]~©.0 feet to the mean h~h water mark of Long Island Sound; "ilENCE along said mean high water mark of Long Island Sound on a tie- ]!:lo course of north 69 degrees 12 minutes ~0 seconds east 50.36 feet land now or formerly of ~twan and formerly of Jensen; 7i{ENCE south 13 degrees 5'6 minutes hO seconds east along said land 1vu4 or formerly of Atwan and formerly of Jensen 136.0 feet to the north side of North Road; 5itENCE south 76 degrees 03 minutes 20 seconds '-;est along the north side of North Road 50°0 feet to the point or place of beginning. u a5ii4 39 T(W__d~TtlF_.R with all rlgbt, title and interest, if any, of the party of the first part in a~d to any streets and roads abutting the above described premises to the center lines thereof, TOC_.s~I-flER with the appurtenances and all the estate and rights of the party of the first part in and to said premises, TO Iff. AVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whcrvby the said premises have been incumbered in any way whatever, except as aforesaid. AND tbe party of Ihe first part, in compliance witb Section 13 of the Lien Law, covenants that the party of thc first pan will rccvivc Ihe cm~siclcrali~n~ for lhis conveyance and will hold the rigbt to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will appl~' the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" sball be construed as if it read "parties" whenever the sense of this indenture so requires. IN ~VFrNF~S WHEREOF~ the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: On ~e 9th ~y of~eptember 19TM , ~fore me ~rson~ly ~c to me known to be the individual described in and wh~ ex~uted the foregoing iustrument, and a~nowledged ~ut~ the ~c. Nota~ P~bl[c, ~uffolk/Co. G[OR~[ A. McM~NN, JR. ~OTARY pUbLIC, Stale o~ New York No. 52.2633535 Suf[ol~ Count~. ~ ~mmis~on ~pires March 30, STATE OF NEW YORK. COUNTY OF ss: On the day of 19 , before me personally came to me known, who, being by me duly sworn, did depose and say that he resides at No. ; that he is the of , the corporation described in' ~nd which executed the foregoing instrmnent; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the lx~ard of directors of said corpora- tion, and that be signed h name thereto by like order. S~rATE OF NEW YORK, COUNTY OF On the day of personally came 19 , before me to me known to be tbe individual descrihed in anti who executed the foregoing instrument, and acknowledged that executed the same. STATE OE NEW YORK, COUNTY OF si: On the day of 19 , before me personally came to me known, who, being by me duly sworn, did depose and say that he resides at No. ; that he is the of , the corporation described in and which executed thc foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corpora- tion, and that he signed h name thereto by like order. flECORDE TO~ OF SOUTBOLD, NEW YORK ACTION OF TI~E ZONING ]~OARD OF APPEALS AppealNo. 2769. Application Dated December 3, 1980 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Mr. Nicholas D. Yuelys 6159 Broadway Bronx, NY 10471 DATE...].Z.13ZS.I Appellant at a meeting of the Zoning Board of Appeals on De c em b e r 29, 1980, '.vas considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance (X) Request for a variance to the Zoning Ordinance Art. II I, Sec. ] 00-32 ( ) the appeal 1. .~4~J`~{~x~X¢~KLKD~Q~5~XD(y~e~°R/r~9KgD~t~K~(~t~K~X~y~F~n~t~.~K)~~i~n ( ) be granted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because Application of Nicholas D. Yuan. s, 6159 Broadway, Bronx, NY 10471 for a Variance to the Zoning Ordinance, Art. III, Sec. 100-32 for permission to construct accessory building in the frontyard area at 56005 C.R. 27 (28), Greenport, NY; bounded north by L.I. Sound; west by Candan; south by C.R. 27 (North Road ; east by Atwan; County Tax Map Item No. 1000-44-1-19. (SEE REVERSE SIDE) 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because (SEE REVERSE SIDE) practical difficulties (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in lhe immediate vicinity of this prope_E[y- and in the same use district because 252 D, FGCG,:,L '., ~0 ~ G Uig~ 'l C,.2fl2 2 G-S4'C2 ' ? g:: iL :: ..' (SEE REVERSE SIDE) (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) chan~e the character of the district because (SEE REVERSE SIDE) (would not) and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previnus decisions of the Building Inspector ( ) be cont~med ( ) be reversed. FORM ZB4 ZONING BOARD OF APPEALS The findings and determination of the Board are as follows: Appellant has appealed to this Board seeking a variance to con- struct accessory storage building in the frontyard area approximately 13' north of the North Road and two feet from the easterly property line. The premises in question is approximately 6,500 sq. ft. in area and existing on same is a one-story frame house with porch. Upon inspection the Board found the easterly neighboring property to have a structure(s) built right up to this side line. 'The Board recognizes appellant's need for a storage area, however are not in agreement with the sole location requested in the within application. The Board finds that a detriment to adjoining properties will be created if the variance is granted as applied for; that a substantial change in the character of the neighborhood will be produced; and that the interests of justice will not be served by the granting of the relief requested herein. On motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, that Nicholas D. Yuelys' application for a variance dated December 3, 1980 be denied Without prejudice, as applied for. Location of Property: 56005 C.R. 27, Greenport, NY; bounded north by L.I. Sound; west by Candan; south by C.R. 27 (North Road); east by Atwan; County Tax Map Item No. 1000-44-1-19. Vote of the Board: Ayes: Messrs. Grigonis, Douglass, Goeh- ringer and Sawicki. Absent was: Mr. Doyen. ~ AP?i{OVED AND FILED BY ""-"-' c' ,¥~- -. Tcv:n Clerk. Tcwn cf - FORMNO. 3 TOWN OF SOUTItOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date ........................... 19 ..... PLEASE TAKE NOTICE that your application dated .......................... , ....... for pemit t° construct ............................................................ at ~cation of Prope~y ..... .............................. : ........................... Hou~ No. Street Hamle~ Co~n~ ~ ~. ~o. ~000 ~c~io. ....... ~.(Z.. ~lo~ ........ / ..... ~o~ ... (~ ........ .... 2V. ........ Subdivision ................. Filed Map No ................. Lot No. is returned herewith and disapproved on the foUow~g ~ounds h(F Il ~C 0 I: ', '~ U } [~.q ? ¢'..~. RV 1/80 TOWN OF $OUTIiOLD, NEW YORK ACTION OF THE ZONZ~G I~OARD OF APPEALS Appeal No. 2886 by application Dated September 14, ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Stanley S. Corwin, Esq. as attorney for Mr. Nicholas D. Yuelys DATE1Q.Z,21Z.~.i 1981 Appellant at a meeting of the Zoning Board of Appeals on October 15t 1981 was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance (X~) Request for a variance to the Zoning Ordinance Art. III, Sec. ( ) the appeai 100-32 1. S~)E~:~`~-~*~X:~3~Xr~i~mvr~K~X~gev~r~x~.`~evee~i.~hv~X~.X~x~t~n ( ) be granted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance and the decision Of the Building Inspector ( ) be reversed ( ) be ~m~~e Public Hearing 10/15/81: Application of Nicholas D. Yuelys, 56005 County Road 48, Greenport, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to con- struct accessory building (garage) in the frontyard area at 56005 County Road 48, Greenport, NY; bounded north by L.I. Sound; west by Chudan; south by C.R. 48; east by Atwan. County Tax Map Item NO. 1000-44-1-19. (SEE REVERSE SIDE) 2. VAHIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce / hardship because (SEE REVERSE SIDE) practical difficulties (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because (SEE REVERSE SIDE) (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (would not) (SEE REVERSE SIDE) and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. CG: lk FORM ZB4 ZONING BOARD OF APPEAL8 Appellant has appealed to this Board seeking ~ variance to construct an accessory building, to wit, garage, in the frontyard approximately 13 feet north of the County Road and approximately two feet from the easterly property line. Section 100-32 of the Zoning Code permits the construction of an accessory building in the rearyard and such building shall be set back not less than three feet from any lot line. The premises in question is a parcel of land located on the north side of County Road 48, Greenport (Suffolk County Tax Map District 1000, Section 44, Block 1, Lot 19); and is bounded on the north by L.I. Sound; west by Candan; south by County Road 48; east by Atwan. There is presently erected on the lot a private one-family dwelling. The dwelling is set back approximately 30 feet. The lot contains an area of approximately 6,650 square feet. Appellant previously applied to this Board to locate the accessory structure (storage building) in approximately the same location as applied for herein. The previous appeal (No. 2769 was denied without prejudice on December 29, 1980, one of the reasons being the location did not appear to be the most feasible under the circumstances. The existing dwelling contains a square footage of approxi- mately 1,020 square feet and the proposed accessory garage would contain an area of approximately 360 square feet. Appellant's house is so situated on the lot such that the width of the easterly side yard is approximately eight feet, and the width of the side yard at the west of the house is approximately five feet at its nearest point. Appellant in his appeal has set forth the reasons for locating the accessory building as applied rather than in the required rear yard. All of the members of this Board have visited the site and are familiar with the structure located thereon as well as the terrain and the closeness of the waters of the L.I. Sound. Appellant has testified that he does not wish to locate the accessory building in any area other than as applied, and the Board does not agree with appellant's reasoning on this particular location. The Board finds and determines that a detriment to adjoining properties will be created if the variance is granted as applied for; that a substantial change in the character of the neighbor- hood will be produced; that a more feasible location of the proposed structure may be obtained, under the circumstances; that the structures would exceed the maximum permitted 20% lot coverage requirements of the zoning code; and that the interests of justice would not be served by granting the variance as applied for. However, the Board does recognize the appellant's need for a storage facility but does not agree with this specific location. On motion by Mr. Grigonis, seconded by Mr. Douglass, it was RESOLVED, that the application of Nicholas D. Yuelys, in Appeal No. 2886 be denied as applied for. Vote of the Board: Ayes: Messrs. Doyen, Douglass, Goeh- ringer, Sawicki and Grigonis. P, ECEIV'ED AND .v BY T~LE SOUT~'iGLD TO~,~,'"" CLEP2~' " To~ Clerk, Town of Sou~ld APPROVED Cl~irman Board FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Clerk's Office Southold, N. Y. Certificate Of Occupancy July 2~ 19 73 Date .................... ~ ....... , .... THIS CERTIFIES that the building located at ~60%% County Road Street Map No ............. Block No ...........Lot No .................................. conforms substantially to the Application for Building Permit heretofore filed in this office dated ...1..i~.¥. kO. ............ , 197.1.. pursuant to which Building Permit No. ~.2.~.~.Z... dated ...i-~.y..1,0 ............. , 19 ?.1.., was issued, and conforms to all '0f tl{e require- ments of the applicable provisions of the law. The occupancy for which this certificate is issued is .~C.C.e~O~.y ~.u,i,l~rig ' The certificate is issued to ....... 4~,~.:4.13.a~owAl.~ ~../~..A~..p.h. 9.n.s.e' ..~.t.~..a~. t,~n.e?. (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval ...... ~:.P.': ......................... UNDERWRITERS CERTIFICATE No ............... .P.e..n.d.i.n.g ..................... HOUSE NUMBER .. 5;.6.Q5;~ ...... Street..County. Road. 2-7....C.u.t.c.h. 9g.u.e.,..N.:Y. :... Copyright 1973 © by ALL-STATE LEGAL SUPPLY CO. 269 Sheffield St., Mountainside. N.J. 07092 ;TATE OF NEW YORK,"COUNTY OF ss: , the undersigned, am an attorney admitted to practice in the courts of New York State, and [] certify that the annexed · .o,..y. has been compared by me with the original and found to be a true and complete copy thereof. [] say that: I am the attorney of record, or of counsel with the attorney(s) of record, for ^,,.,.~., . I have read the annexed v.,~.o,~o.by .kn°w the. contents thereof and the same are true to my knowledge, except those matters therein which are stated to be alleged on ^..mo... information and belief, and as to those matters I believe them to be true. My belief, as to those matters therein not stated upon knowledge, is based upon the following: The reason ! make this affirmation instead of affirm that thc foregoing statements are tiue under penalties of perjury. )ated: TATE OF NEW YORK, COUNTY OF ss: being sworn says: I am [] in the action herein: I have read thc annexed ~,~o~ know the contents thereof and the same arc true to my knowledge, except those matters therein which are stated to be alleged on ~'~**~°~ information and belief, and as to those matters I believe them to be true. [] the of c.,~.,.~o a cor~orat on one of the ~arties to the action' I have read thc annexed now t~_e contents thereof and the same are true to mv knowledge, except those matters therein which arc stated to be alleged on information and belief, and as to those matters I believe them to be true. ~y belief, as to those matters therein not stated upon knowledge, is based upon the following: worn to before me on ,19 TATE OF NEW YORK, COUNTY OF ge and reside at SS: being sworn says: I am not a party to the action, am over 18 years of On , 19 I served a true copy of the annexed in the following manner: [] by mailing the same in a sealed envelope, with postage prepaid thereon, in a post-office or official deposito~ of the U.S. Postal Service s.~.., within the State of New York, addressed to the last known address of the addressee(s) as indicated below: [] by delivering the same personally to the persons and at the addresses indicated below: worn to before me on ,19 Index Nb;' · --' Year 19 SUPRF~E COD~RT OF THE STATE OF IT'/ YOPd< COUNTY OF SDWFOLK NICHOLAS D. YUELYS, against Petitioner CHARLES GRIGONIS JR., Chairman, JOSEPH SAWICKI, SERGE DOYEN, ROBERT J. DOUGI~.$S ~DGEP~RD G~OttRINGER, constitutinq all the members of the ZONING BOARD OF APPEALS OF THE TOWN OF SOU~tOLD, ResDondents ARTICLE 78 PROCEEDING NOTICE OF MOTION, ATTAC}LEMENTS , EXHIBITS AND PETITION Attorney for NICHOLAS D. YUELYS Petitioner 6159 BROADWAY BOROUGH OF BRONX, NEW YORK 10471 (212) 884-9330 To: Atto~ey(s) for Service of a copy of the within PLEASE TAKE NOTICE [] that the within is a (certified) true copy of a NOTICE OE entered in the o~ee of the clerk of the within named eourt on 19 ENTRY NOTICE OF SETTLEMENT that an Order of which the within is a true copy will be presented/or settlement to the Hon. one of the judges of the within named Court, 19 , at M. Dated: NICHOLAS D. YUELYS Attorney for 6159 BROADWAY BOROUGH OF BRONX, NEW YORK 10471 Attorney(s) for N912 CL SEE SEC NO D 0 6 MATCH SEE SEC. NO 052 Legend