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Home My WebLink About2864 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONI~G BOAKD OF APPEALS Appeal No. 2864 by application Dated August 5, 1981 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Richard F. Lark, Esq. as attorney for Gladys G. Bayles, Main Road., Box 973 Cutchogue, NY 11935 Appellant at a meeting of the Zoning Board of Appeals on ~S.eptember 3, 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 ~(/~ Request for a variance to the Zoning Ordinance Art. III, Sec. ( ) 100-30A(1) the appeal 1. Sl:~j~w~S~~~~~g~feY,~F~x~x~[~~~a~XaX~~ion ( ) be granted ( ) be denied pursuant to Article - Section .................... Subsection .................... paragraph .................... of the ~ning Ordinance and the decision of the Building I~pector ( ) be reversed ( ) be confirmed became public Hearing held: 9/3/81: Application of Gladys G. Bayles, c/o Flower Bill Building Corp. as agent, Cutchogue, NY (Richard F. Lark, Esq. as attorney), for a Variance to the Zoning Ordinance, Art. III, Sec. 100-30A for permission to construct addi- tion and convert building with guest room ~o dwelling use. Location of Property: Smith Road (private) at Nassau Point, Cutchogue, NY; bounded north by Ahrens, Smith Road and Cook; west, south and east by the bay. County Tax Map Parcel Item No. 1000-119-1-14, (further known as Nassau Point Subdivision Map No. 156, Lot A). (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 practical difficulties or unnecessary (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 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 ( that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. ) be denied and CG: lk FORM ZB4 ZONING BOARD OF APPEALS Appellant by this appeal seeks permission to alter and increase the size at the northerly end of the one-story existing garage/guest cottage for one-family dwelling use. Also existing on the premises since prior to the zoning code is a one-family, one-story frame dwelling with garage. The premises in question contains an area of approximately 5.45 acres and together with premises to the north also owned by appellant contains a total acreage of approximately 10.3. Appellant wants to retain the entire parcel for a one-family use using the existing garage/ guest cottage with proposed addition for use by house guests and visitors in this neighborhood. The Board agrees with the reasoning of appellant. In considering this appeal, the Board determines that the variance request in relation to the code requirements is not substantial; that the circumstances herein are unique and prac- tical difficulty has been shown; that the relief if granted will not change the character of the neighborhood; that if the relief is granted no adverse effects will be produced on available governmental facilities of any increased population; and that the interests of justice will be served by allowing the variance subject to the conditions specified below. On motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, that a variance to the zoning ordinance, Appeal No. 2864, application of Gladys G. Bayles, for permission to. alter-and i~Crease the size of the existing one-story garage/guest cottage for family and guest use be granted, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the garage/guest cottage structure be used only for family and guest use; 2. That the garage/guest cottage structure may never be rented; 3. That no other dwellings be permitted on the 5.45-acre parcel, mOre partiCularly described as follows: ' ' BEGINNING at a point a.t. the ordinar~~ ~ighwater;~mark of Little Peconic Bay, said poin.to~beqinnin~be~:.S~..t~7~~ 18'30" East, 389.51 feet from the~ southerly co~n'~o~ ~ 8'25~ as 'shown on Amended Map A~of Nassau Point and~tap'o~ ~ection ~ of Nassau Point, Maps No. 156 and 745 respecti~e~¥~ -FROM SAT~ POINT OF BEGINNING running thence southerly al.On~said~.highwater mark as measured by the following four tie lin~:~ (L) South 7° 18'30" East 816.68 feet, (21) South 2° 52'5U"~E~s~298.38 feet; (3) South 4° 21'20" West 197.57 feet, (4) S~t~I4~ 3Z~,40'' West 191.13 feet; THENCE northerly along ordinary hi~hwater~mark of Great Peconic Bay as measured by the f~llowing fOur tie lines: (1) North 3° 53' 20" West, 250.58 feet, (2) North 10° 55'40" West, 501.08 feet, (3) North 17° 29'30" West, 249.5~' feet; (4) North 27° 20'00" West, 404.04 feet; THENCE along land of Bayles two courses as follows: [1] North 54° 43' 00" East, 211.95 feet and [2] North 78° 42, 10" East, 146.44 feet, to the point or place of BEGINNING. Containing 5.45 acres, more or less. Vote of the Board: Ayes: ringer, Sawicki and Grigonis. RECEIVED AND FILED BY TP: SOUT '.On ) Messrs. Doyen, Douglass, Goeh- APPROVED /, / ¢ ,. (~h~irm-~fl Bo~-rd of~ii[p~ai~' BOARD MEMBERS 0 SOu Southold Town Hall Leslie Kanes Weisman,Chairperson �o�� ry��o 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes �, y� Town Annex/First Floor, Robert Lehnert,Jr. • COQ 54375 Main Road(at Youngs Avenue) Nicholas Planamento OIyCOO Southold,NY 11971 http://soutboldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 November 20, 2020 Martin Finnegan, Esq. Twomey, Latham, Shea, Kelly_, et al P.O. Box 9398 Riverhead,NY 11901 RE: Alison Byers (Gladys G. Bayles, File#2864) Nassau Point Road, Cutchogue SCTM No. 1000-119-1-14.1 & 14.2 Dear Mr. Finnegan; The Zoning Board of Appeals has received your various correspondence requesting the Zoning Board of Appeals to confirm that the above referenced residential parcels are legal single and separate lots based upon the belief that the 1981 ZBA decision cited above recognized them as such. Essentially, you are asking for an interpretation of a prior decision of the ZBA. Unfortunately, your request is outside the powers and duties of the ZBA. Pursuant 280- 146 (D) of the Town Code,the ZBA may provide an interpretation"on appeal from an order, decision or determination of an administrative officer or on request of any Town officer, board or agency ... ." Your request for an interpretation is neither; 1) made as part of an appeal from an order, decision or determination, or; 2) made by Town officer, board or agency and therefore your request is outside the jurisdiction of the ZBA. By way of example, in order for the matter to properly come before the ZBA,you could apply for a building permit or to subdivide the lots. In reviewing your application,the reviewing agency could then: 1) render a determination that the lots in question are single and separate, eliminating the need for an interpretation from this Board; 2) issue a Notice of Disapproval stating the lots are not single or separate, which would allow you to appeal to the ZBA and request the aforementioned interpretation, or; 3) the reviewing agency could request an interpretation from the ZBA of its prior decision in order to aid the reviewing agency in making its determination on your application. Page 2,Gladys Bayles/Alison Byers Appeal No.2864 Should you have any further questions, please do not hesitate to contact the Town Attorney's office. Sincerely, Leslie Kz es Weisman William Duffy ZBA Chairperson Town Attorney CC: Michael Verity, Chief Building Inspector LEGAL NOTICE OF HEARINGS 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, September 3, 1981 commencing at 7:15 p.m., as follows: 7:15 p.m Application of Michael A. LoGrande, 63 Pinedale Road, Hauppauge, NY 11788 for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for an insufficient frontyard setback for new dwelling at the east side of Stillwater Avenue. Cutchogue, NY; bounded north by Madzelan, west by Chituk, south by Stillwater Avenue, east by Barlotta; County Tax Map Item No. 1000,136-2-4. 7:25 p.m. Application of Richard Posselt, 23 Fairmont Street, Huntington, NY 11743, for a Variance to the Zoning Ordinance, Art. III, Sec 100-31 for approval of an insufficient rearyard setback for new dwelling at 3145 01e Jule Lane, Mattituck, ~; bounded north by Allsopp, west by OleJule Lane, ~outh by Old Jule La~e, east by Battersby; County Tax Map Item No. 1000-122-5-18. 7:30 p.m Application of Demetrios and Joanne Joannide~, 60 Central Drive~ Mattituck, NY for a Variance to the Zoning Ordinance, Art. III, Sec 100-31 for permission to construct deck/addition to dwelling with an insufficient frontyard setback at 60 Central Drive (a/k/a 3905 Breakwater Road) Mattituck, ~; b~unded north by Nolan, west by Tsounis~ south by Central Drive, east by Luthers Road; County Tax Map Item No. 1000-106-3-17; (further known as Cpt. Kidd Estates Map No. 1672, Subd. Lot No. 114). 7:40 p.m. Application of Harry P. Fasan, Jr. and wife, 400 Betts Street, Cutchogue, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for permission to construct addition with an insufficient rearyard setback at 400 Betts Street, Cutchogue, NY; bounded north by Dunn, west by Betts Street, south by Williams, east by Weiss; County Tax Map Item No. 1000-110-6-9. Page 2 Legal Notice of Hearings - Board of Appeals Regular Meeting 9/3/81 7:50 p.m Application of Thomas and.Phyllis Maus, 6 Michele Ter- race, Massapequa Park, h~ 11762, for a Variance for Approval of Access, New York Town Law Sec. 280-a. Location of Property: 480 Oakwood Drive, (a/k~a 505 Lake Side Drive North), Southold, NY; bounded north by WSod Drive, west by Clear View Road, south by Lakeside Drive, east ~b~-Haskins; County Tax Map Item No. 1000-90-4-3, (further known as Cedar Beach Park Map No. 90, Subd. Lot No. 67). 7:55 p.m. Application of James Genovese, 620 Lake Drive, Southold, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for permission to construct deck/addition to dwelling known as 620 Lake Drive, Southold, NY; bounded north, west, south by Dechiaro, east by Lake Drive; County Tax Map Item No. 1000-59-1-22. 8:05 p.m. Application of yon C.-KErbs, 510 Main Street, Greenport, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for approval of insufficient area and width of parcels in a proposed sub division, and for permission to relocate building with insufficient yard setbacks, with.yard determination on proposed' lot adjoining Stillwater Avenue. Location of Property: Pequash Avenue, Cutchogue, NY; bounded north and %~ost by Fleet, south by Fleet Neck Road, east by Jezek; County Tax Map Items No. 1000-137-2-8, 18, 19. 8:20 p.m. Application of Mary Ray, 375 Factory Avenue, Mattituck, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 and 100-36 for permission to construct carport/addition with insufficient sideyard and rearyard setbacks at 375 Factory Ave., Mattituck; bounded north by Francis, west by Bergen, south by Mills, east by Factory Avenue; County Tax Map Item No. 1000-122-6-6. / 8.:30 p.m. Applioation of Gladys G. Bayle~ c/o Flower Hill Build- / i ng Corp. as agent, cutChogue, NY),~'~r~ ~' ~r~'~n~c~ to the Zoning Ordinance, Art. III, Sec. 100-30A for permission to construct addition and convert building with guest room to dwelling use. Location of Property: Smith Road (private) at Nassau Point, Cutchogue, h~; bounded north by Ahrens, Smith Road and Cook, west, south and east by the Bay; County Tax Map Item No. lO00-119-1-14, (further known as Nassau Point Subdivision Map No. 156, Lot A). .Page 3 ~ _ Legal MAtice of Hearings Board of Appeals Regular~Meeting 9/3/81 8:50 p.m. Application of Donald J. Finnerty, 1530 Fleetwood Road, Cutchogue, ~ for a Variance to the Zoning Ordinance, Art. III, Sec. 100-32 for permission to construct addition to accessory building in the frontyard area, located at 1530 Fleetwood Road and Betts Street, Cutchogue, NY; bounded north by Hansen, west by Betts Street, south by Samios, east by Fleetwood Road; County Tax Map Item No. 1000-137-5- ll and 12. 9:05 p.m. Application of William and Ann Z01~essy, 1560 Pelham ParkWay, Bronx, NY 10461, for a Variance 'to the Zoning Ordinance, Art. III, Sec. lO0-31 for approval of insufficient area .and width of two proposed parcels located at the south side of Bergen Avenue, Mattituck; bounded north by Bergen Ave., west by Vallely, south by Lindsay, east by Russell; County Tax Map Item No. 1000-113-7-4.1. 9:15 p.m. Application of Anthony G. and Helen M. Nowachek, P.O. Box 355, Pequash Avenue, Cutchogue, NY (by Richard F. Lark, Esq.) for a Variance to the Zqning Ordinance: (a) to construct deck/addition to dwelling with an insufficient frontyard setback pursuant to Articl~ III, Sec. lO0-31; or (b) determining this improvement not to be an addition to the existing structure under the ordinances. Location of Property: Corner~of Pequash Avenue and Fleetwood Road, Cutchogue, NY; bounded north by Fleetwood Road, west by Pequas~Avenue, south by Goldsmith, east by Schroder; Ravatone Realty Corp. Subdivision Map No. 539 Sec. I, Lots No. 45 and northerly half of 44; County Tax Map Item No. 1000-Il0-4-1. \~30 p.m. Application of John Kowalski~ Jr. and Chester Berry~ Jr..., c/o 46~ Atlantic Avenue, Greenport, NY for a Variance to the Zoning Ordinance,~Art. VII, Sec.~lO0-71 for permission to rebuild principal building with~.insufficient yard setbacks at 95 Love Lane, Mattituck; bounded north by~ North Fork Bank and Barker, west by Protestant-Episcopal Church, south by ~ound Avenue, east by Love Lane; County TaO~ Map Item No. lO00-141-4-par 28. Dated: August 21, 1981. BY ORDER OF THE SOUTHOLD TO%~ BOARD OF APPEALS CHARLES GRICONIS, JR., CHAIR~N Instructions to newspapers: Please publish once, to wit, Thursday, Aug~.~st 27, 1981 and forward 12 affidavits of publication to: L. Kowalski, Board of Appeals, To%~a Hall, Southold, ~ 11971 on or before September 2, 1981. page 4 - Legal Notice of Hearings Board of Appeals 9/3/81 Meeting Copies mailed on 8/21/81 to: Mr. Michael A. LoGrande~ Mr. Richard Posselt Mr. and Mrs. Demetrios Joannides Mr. and Mrs. Harry P. Fagan, Jr. Mr. and Mrs. Thomas Maus Mr. James Genovese Mr. Jon C. Kerbs Ms. Mary Ray William Wickham, Esq.. as attorney for Mary Ray Ms. Gladys G. Bayle~ c/o Flower Hill Building Corp. Mr. Donald J. Finnerty Mr. and Mrs. William Zoldessy Richard F. Lark, Esq., attorney for '~ .... ~ -'-: ~ ..... Cheste~ Messrs. John Posted on Town Clerk Bulletin Board 8/21/81 Copies to the following on or about 8/~/81: Supervisor Town Board Members Southold Town Planning Board Secretary Copies in each ZBA file. FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ Date .......................... ,19 ..... To .~...~. ~.'(. A .e..~..:9. '~ ~/~ ~ ¥ -~ ~' ....~/~..~q~ ..... c~ ..... ......... ~..~ .... ~..~. ....... ~ ..... ~ P~EASE TAlE NOTICE that you~pp]icatJ~ dated ........................... ~catio~ of P~ope~ty ............................................................... House No. Street Hamlet co,,t~ ~,~-~, ~o. ~000 s~t~o, .... /. (.?. .... ,~o~ .... / ......... ~o~ ./~ .......... s,~,~,~o,. ~~.. ff ~ 2 ~ ~, ~o ..... ~ ~.~ ...... ~ot ,o... ~ ............. 3~... h~ ~. (~ ~.. ¢~..T~(~.. ~ ~. T: .... ¢~r.. ~.. ~4~ ~.~ ......... . ¢~?. ~....~H.. ~.. ~... ~T~...(ff. 7~. ~.. (0 ........... RV 1/80 O O TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR DATE August 5, 1981 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (]~ .... .G..1.a..d. :.v.~...9.,.. ~.~Y,,k~.~.,..,.%....F.~.9.~.e..r..i,~.l..1.z~:~..~uiZdi~.g..C:a~:_~c~cat,£~n.. aa..Agez~. .............. Name of Appellon.t Street and Number' .... .N..a..s..s..a..u....P..o..i..n..t.~....C..u..t..c..h..o.g.u..e.~.; ........................................... ..N..e..w....Y..o..r..k. ........ HEREBY APPEAL TO Municipal ih/ State THE ZONING BOARD OF APPEALS FROM THE DECISION OF' THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...J. 14~2..),1~..~,,91];1, ......................... WHEREBY THE BUILDING INSPECTOR DENIED TO Gladys G,. Bayles c/o . ' ..' ·..F..1..o.w.e. ~.. ~i~ ~.. ~i~i~g.. co,para,ion ............... Name of ApPlicant for permit of Nassau Point, Cutchogue, New York 11935 Street and Number Municipality State () PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (X) PERMIT TO CONSTRUCT ADDITION 1. LOCATION OF THE PROPERTY ...Priv. a~e..~ad,...Nassa~..~in~..NX....:'.~'...~es£den~ial..and Street Use District on Zoning Map Amended Map A of Nassau .P..o..i..n..t.:....M..a.~...N..o..-....1..5..6. ............ .S...u..f..f.o..1..k....C..9..uD....t.y....T. ax Map No. Agricultural Use District ~X~ ~I%X 1000-~19-1-14 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) ARTICLE III, Section ~0O-30A(i~ 3. TYPE OF APPEAL Appeal is made herewith for (X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal :~0 (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... ( ) (x) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that Petitioner wishes to alter and increase the size of the existing garage/guest cottage therebY converting the same into a dwelling unit. Form ZBI (Continue on other side) REASON FOR APPEAL 0 0 Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because Petitioner is ~l~e owner of a parcel of land triangular in shape located on the southerly tip of Nassau Point, Cutchogue, New York, which parcel contains 5.45 acres. The parcel itself is bounded on the east, south and west by Peconic Bay and on the north by' other land of Bayles. Northerly of the other lands of. Bayles is land of Conrad Ahrens (Lot 83A) and Jane W. Cooke (Lot 82B) all as shown on the attached map of land surveyed for Gladys Grinnell Bayles by Otto W. Van Tuyl dated November 5, 1953, which is attached hereto as Exhibit A. Located on this parcel of land is a large one story frame house and a two car garage with guest room facilities. Both of these build- ings were constrUcted in 1936. Petitioner is desirous of updating the garage and guest building by modernizing same and placing on the northerly end an addition. The renova- tion and addition encompasses enlarging the existing bathroom.and converting the existing garage into a living area with a kitchen, foyer and utility room. The additi°n will also contain a large 2 car garage. When completed the existing garage and guest room will be converted into an attractive one-story structure and will become a separate dwelling under the Southold Town Zoning Ordinance. (See attached plan of Flower Hill Building Corporation dated June 30, 1981 consisting of 5 sheets attached hereto as Exhibit B.) Due to the shape and location of Petitioner's property as well as its topography there is no practical way to reasonably create a subdivision, of this 5.45 acre parcel. Further, Petitioner wants to retain the entire parcel for a one family use utilizing the garage and the expanded guest facilities for use by house guests and visiting (continued on Rider attached hereto under ~1) 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because Petitioner has a large parcel of land in this particular neighborhood. Most of the parcels on Nassau Point are considerably smaller than Petitioner's property due to the fact the way the subdivision was laid out an established for a long period of time prior to the enactment of the Zoning Ordince of the Town of Southold. Considering the area requirements of the zoning Ordinance and the fact the Petitioner's parcel is over five times the size of the zoning requirements for a single family house, if the Board grants the variance and allows the addition to create another dwelling on this property it will have two residences on a 5.45 parcel of land, which ~.ar exceeds the current zoning requirements for area. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the Nassau Point subdivisionis strictly residential and will so with the addition to Petitioner's garage guest house. Due to the remoteness of the parcel it will in no way effect any of the neighboring properties to the north and the spirit of the ordinance for this particular neighborhood will be preserved. STATE OF NEW YORK ) ) ss COUNTY OF SUFFOLK ) FLOWER HILL BUILDING ~ORP[~RATION Walter Uhl, Vice-President as Agent for Gladys G. Bayles Sworn to this ............... .5...~. ......................... day of ...............A~g~.'r, ............................. 1981 BABETTE CORNINE NOTARY PUBLIC, State of New York Suffolk County No. 52-5792800,~-~) Commission Expire~, ;~ :~rd~ 30, 19~ ' APPEAL FROM THE DECISION OF THE BUILDING INSPECTOR · TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N.Y. BY GLADYS G. BAYLES, - FLOWER HILL BUILDING CORPORATION AS AGENT REASON FOR THE APPEAL: continued: grandchildren. However a variance will be required in order to have two dwellings on this 5.45 acre parcel of land. If the Board grants the Petitioner's variance request there will be no substantial variation from the zoning requirement of 40,000 square feet per dwelling unit. In fact there will be two dwellings on 5.45 acres instead of 80,000 square feet. The proposed addition will not change the population density for this particular parcel of land. The utilization of the buildings will remain the same. They will only be increased in size. The existing well and cesspool will continue to serve both the main house and the guest house. The neighborhood is residential and the requested variance will not cause any change in this character of the neighborhood. The addition to the garage guest house on Petitioner's property will not in any way cause any detriment to the adjoining properties. In fact the addition will not even be seen from adjoining properties due to the isolation of Petitioner's property. Considering the b~i~ihgs'~a~e b~en~i~exis~en~e'~si~C~ ~i936 and the fact the Petitioner merely wants to add an addition to what is now the accessory structure thereby making an independent dwelling, the interests of justice will be served by the Board granting the variance particularly since the creation of a subdivision of this parcel is impractical and the essential use of the land remains the same. FLOWER HILL BUILDING CORPORATION Walter Uhl, Vice President as Agent for Gladys G. Bayles O--W-N~E R ! STREET ACR. TYPE OF BLDo TOWN OF SOUTHOLD PROPERTY RECORD CARD : ~'I-L~'G E REMARKS ..~5 ,_-~ ~<p ~F~I~' ~.: ~.o.. c~ss · ~. ~ ~_L~-~ ~ ' LAND' ~ , IMP. , I TOTAL' DATE SUB. LOT FRONTAGE ON WAT[ FRONTAGE ON ROAD DEPTH BULKHEAD WOODLAND MEADOWLAND HOUSE/LOT TOTAL TOWN OF SOUTHOLD P"~OPERTY RECORD' CARD W FORME~' OWN ER IN SUB. DISTRICT TYPE OF BUILDING IMP. VL TOTAL FARM I COMb4. IND, DATE REMARKS .~,,/~, . L.:~Sz3_~ .~'7~ NEW NORMAL Farm Acre Tillable 2 Tillqble 3 Woodlend House Plot Value Per Acre v MISC. ABOVE Value ~oundation Basement Ext. Walls ~ ~:T~e Place Pon Porch Bath Floors Interior Finish He~ W/fy,. Atti~ Rooms 1st Floor Driveway ROOms 2nd Floor COUNTY OF SUFFOLK'-~, DEPARTMENT OF PLANNING Town. of Southold Board of Appeals (516) 360-5513 LEE E. KOPPELMAN DIRECTOR OF PLANNING October 9, 1981 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 Agnes Dunn Joseph & Sara Woolston Donald Scott Peter & Helen Puric David Strong Perrie Pascucci Robert Ketcham Wilhelm Franken Herbert Hoffman Susan Trentalange Keith & Arden Scbtt McCamy Charles Bocklet Peconic Corporation Frank Battel Colonial Corners, Inc. Phebe Bridge Estate Peconic Bay Gardens Inc. Warren Sambach Margaret McGowan Kenneth & Judy McFall Gladys BaylesJ John Lee Sonny Brown Municipal File N,,mher 2803 2814 2819 2821 2822 2823 2824 2825 2826 2829 2830 2834 2835 .2837 2839 2843 2845 2849 2852 2853 2864 2865 2873 Very truly yours, GGN:Jk Lee E. Koppelman Director of Planning Gerald C. Newman Chief Planner VETERANS MEMORIAL HIGHWAY HAUPPAUGE. L.i..NEW YORK · 11788 C Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11cj'71 TELEPHONE (516) 765-1809 Pursuant to Article XIII of the Suffolk County Charter, th.e 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 100-30A Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit Appeal No.: 2864 Applicant: Gladys G. Bayles Location of Affected Land: Private Rd. off Nassau Pt. Rd, Nassau Pt., Cutch County Tax Map Item No.: 1000- 119-1-14 ogue, ~ Within 500 feet of: Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) Little Peconic Bay State or County Road, Parkway, Highway, Thruway __'Boundary of Existing or Proposed County, State or Federally- Owned Land Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area Existing or Proposed Right-of-Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Estab- lished Channel Lines, or Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. COMMENTS: Applicant is requesting permission to va~imnce s~bj~ct to conditions. Copies of Town file and related documents enclosed herewith for your review. Decision included. Dated: 0ctober 2, 1981 ~~ ,~' Sec~'etary, Board of Appeals Legal NotiCes LEGAL NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Cede of the Town of Southoid, a Regular Meeting and the following public hearings will be held by the Southold Town Beard of Appeals at the South- old Town Hall, Main Road, Southold, NY on Thursday, September 3, 1981 commenc- lng at 7:15 p.m., as follows: 7:15 p.m. Application of Michael A. LoGrande, 63 Pine- dale Road, Hauppauge, NY 11788 for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for an insufficient frontyard setback for new dwelling at the east side of Stillwater Avenue, Cutchogue, NY; bounded north by Mad- zelan, west by Chituk, south by Stillwater Avenue, east by Barlotta; County Tax Map Item No. 1000-1362-t. 7:25 p.m. Application of Richard Posselt, 23 Fairmont Street, Huntington, NY 11743, for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for approval of an insufficient rearyard s~tback for new dwelling at 3145 Ole Jule Lane, Mattituck. NY: bounded north b~.Allsegl~,, west by Ole JUle Lane, south by Ole Jule Lane, east by Battersby; County Tax.Map Item No. 1000-122-5- 18. 7:30 p.m. Application of Demetrios and Joanne Joan- ~ nides, 60 Central Drive, Matti- tuck, NY for a Variance to the Zoning Ordinance,. Art. !II, SeC. 100-31~ for permission4o ',..construct deck~.addition to dwelling wis an iimufficient froatYard' setback at 60 Cen- trai Drive' (a/k/a 3905 Break- water. Road).Mattituck, NY; ounded north by' Nolan, west' y Tsounis~ south by Central ~ Drive, e~st~ by Luther~ Road; County Tax Map Item No.-, 1000-106-3r!7 ;, (further 'known: as Cpt. Kidd Estates Map No..' 1672, Subd. Lot No. lPl). 7:40 p.m. Application of Harry .P. Fagan; Jr,. and ~fe, 400 Betts Street, Cutchogue,.:. NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for permission to construct, addition with an insufficient rearyard .setback at 400 Betts Street, Cutcl~gue, NY; bounded north by Dunn, .w..est by l~etts Street/south by williams,' east by Weiss; County Tax Map Item No. 1000-110-6-9. 7:50 p.m. Application of Thomas and Phyllis Maus, 6 ichele Terrace, Massapequa ark, NY 11762, for aVariance for Approval of Access, New York Town Law Sec. 280-a. Location of Property: 480 Oak- wood Drive, (a/k/a 505 Lake Side Drive North), SouthoJd, NY; bounded north by Wood Drive, west by Clear View Road, south by Lakeside Drive, east by Haskins; Coun- ty Tax Map Item No. 1000-90- 4-3, (further known as Cedar Beach Park Map No. 90, Subd. Lot No. 67). 7:55 p.m. Application of James Genovese, 620 Lake Drive, Southold, NY for a Variance to the Zoning Ordin- '~ ance, Art. III, Sec. 100-31 for permission to construct deck/ addition to dwelling known as 620 Lake Drive, Southoid, NY; bounded north, west, south by Dechiaro, east by Lake Drive; County Tax Map Item No. 1000-59-1-22. 8:05 p.m. Application of Jon C. Kel'bs, 510 Main Street, Greenport, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for approval of insufficient area and width of .eels in a proposed sub ~li~sion, and for permission to relocate building with insuffic- ient yard setbacks, with yard determination on proposed lot adjoining Stillwater 'Avenue. Location of Property: Pc- quash Avenue, Cutchogue, NY; bounded north and west by Fleet, south by Fleet Neck Road, east by Jezck; County Tax Map Items No. 1000-137-2- 8, 18, 19. 8:20 p.m. Application of Mary Ray, 375 Factory Ave- hue, Mattituck, NY for a Var- 'lance to the Zoning Ordinance, Art. III, Sec. 100-31 and 100-36 for permission to construct ~:arport/addition with insuffic- ient sideyard and rearyard setbacks at 375 Factory Ave., Matti tuck:, bounded north by Francis, west by Bergen, south by Mills, east by Fac- tory Avenue; County Tax Map Item No. 1000-122-6-6. of sion chogue, N ¥; Dound~xl ilOrt~p ' · . A-hrens~ ~mim tioatl ana cook, west, soum anu east n~' m~ ~ ~ounty Tax MaD lt~71~ N__o. w~-l~-~-'l,~. (]urther _Known us r~, P io~_~ ~ub~- ¥ision Man No. 156~ Lo-t-'~DT~?' s:50 p.m. AppI~c--"'~I~ of Donald J. Finnerty, 1530 Fleet- wood Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-32 for permission to construct addition to accessory building in the frontyard area, located at 1530 Fleetwood Road and Betts Street, Cutchogue; bounded north by Hansen, west by Betts Street, south by Samios, east by Fleetwood Road; County Tax Map Item No. 1000-137-5-11 & 12. 9:05 p.m. Application of William and Ann Zoidessy, 1560 Pelham Parkway, Bronx, NY 10461~ for a Variance to the Zoning.. Ordinance, Art. III. Sec. 100-31 for approval of insufficient area add width of two proposed parcels, located at the south side of Bergen Avenue, Mattituck; bounded north by Bergen Avenue, west by Vailely, south by Lindsay, east by Rus..; County Tax Map Item No. 1000-113-7-1.1. 9:15 p.m. Application of Sonny Brown, Box 473, Madi- son Avenue, Greenport, NY for a Variance to the Zoning Ordinance, Art. XI, Sec. 100- l18D for permission to use existing building as an auto- mobile repair shop (and/or reestablish preexisting use to permit use. as an automobile repair shop), at 73225 Main being duly Swc Road (S.R. 35), Greenpert;" bounded north by Village of Greenport, west by Wardow-~er of file SUFFO kvi, south by Main Road, east _, y Rutkoski; County Tax Map ut Greenport, in Item No. 1000-45.3-part of 2. 9:30 p.m. Application of a~nexed is u prin Anthony G. and Helen M. Nowachek, P.O. Box 355, Pe- affolk Weekl~/ Ti~- quash Avenue, Cutchogue, NY for a Variance to the zoning ............. we: Ordinance: (a) to construct deck/addition to dwelling witir ................. an insufficient frontyard set- back pursuant to Article III,- - Section 100-31; or (b) determ- ~ ining this improvement not to · ~ ............. be an addition to the existing structure under the ordin- ances. Location of Property: Corner of Pequash Avenue and Fleetwood Road, Cut-/ chogue; bounded' north by: · · .~/../-'~/..~..~. ...... Fleetwood Road, west by Pe- quash Avenue, south by Gold- ................. smith, east by Schroder; Rav- atone Realty Corp. Subd. Map No. 539, Section I, Lots No. 45 · and northerly half of 44; C0un- qe~v ty Tax Map Item No. 1000-110- 4-1. Dated: August 21, 19111. "19t~..~ BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS CHARLES GRIGONIS, JR., CHAIRMAN 1TA27-3735 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 ......... ..~.....~. ................... 19....~..x LEGAL NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southoid, a Regular Me~ting and the following public hearings will be held by the SoUthoid Town Board of Appeals at the Southold Town Hall, Main Road, Southold, NY on Thurs- day, September 3, , 1981 commencing at 7_.'15 p.m., as follows.: _ 7:15p..m. Application of at' 400 'B~tts 'Sfreet, Cut- chogue, NY; bounded north by Dunn, west by Betts Street, south by Williams, east by Weiss; County Tax Map Item No. 1000-110-6-9. 7:50 p.m. Application of Thomas and Phyllis Maus, 6 Michele Terrace, Massapequa Park, NY ~t762, for a Variance for Approval of Access, New York Town Law Sec.. 2,80-a. Location ~ of Property: 480 Oakwood Drive, (a/k/a 505 Lake Side Drive North), Southold, N.Y.; boUnded north by Wood Drive, west by Clear View Road, south by Lakeside Drive, east by Haskins; County Tax Map Item No. 1000-90-4-3; (further known as Cedar Beach Park Map No. 90, Sub& Lot No. 67). 7:55 p.m. Application of James Genovese, 620 Lake Drive,. SouthOld, NY for a Variance to the Zoning Ordi- nance, Art. III, Sec. 100-31 for permission to construct deck/ addition to dwelling known as 620 Lake Drive, Southold, NY; bounded north, west, south bY Dechiaro, east by Lake Drive; County Tax 'Map Item No. 1000-59-1-22. 8:05 p.m. Application of Jon C. Kerbs, 510 Main'Street, Greenport, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for approval of insufl~ient area and width of parcel~ in a proposed sub- division, and for permission to relocate building with insuf- ficient yard Setbacks, with yard determination on pro- pOsed lot adjoining Stillwater Avenue. Location of Property: Pequash Avenue, Cutchogue, NY; bounded north and west by Fleet, south by Fleet Neck Road, east by Jezek; County Tax Map Items No. 100-137-2- 8:20. p.m. Application of May RaY, 375 Factory Ave- nue,! ~ Mattituck, NY for a Varianee to the Zoning Ordi- nance, Art. IH, Sec. 100-31" and 100-36 for a permission to construct carport/addition with inSufficient sideyard and rearyard setbacks at 375 Factory Ave., Mattituck; bounded north by Francis, west 'by Bergen, south by Mills, east by Factory Avenue; County Tax Map Item No. 1000-122-6-6. 8:30 p.m. Aoolication of Sworn to before me this ........... .~. .................. day of .Hill Building Cor~. as a~ent, ~utcho~ue, NY by Richard F," .Lark, Esa.. for a Variance to, _the Zoninfl Ordinance~ Art. II~I~ .Sec. 100-30A for oermi~sion to, ~construct addition and convert _ buildin~ with ~uest room, .dwelline use. Location .Property: Smith Road (private) at Nassau Point, Cutchogue, - ~NY: bounded north b~' 'Ahreni~- Smith ~oad and Cook, west~ s~uth and east by the Ba~ ~ounty Tax Map Item ~o: A~N)-119-1-14t ~IUnncr a~uwn ~s Nassau Point Subdivis~ ~ap No. 156, Lot A). ~ 8:50 n_m ~ Annll~lnn ~ d~ing with an insufficient fmntyard setback pursuant to AHicle III, Section 1~-31; or (b) determining this improve- ment not to be an addition to the existing structure under the ordinances. Location of ~oPe~y: Corner of Pequash Avenue and ~ee~ood Road, Cutchogue; bounded no~h by ~eem~d Road, west by pequash Avenue, south by Goldsmith, east by Schroder; Ravatone Realty Co~. Subd. Map No. 539, Section I, Lots No. 45 and northerly half of 44; County Tax Map Item 'No. 1~-1104-1. Dated: August 21, 1981 BY ORDER OF THE SOUTHOLD TOWN BOARD oF APPEALS cHARLES GRIGONIS, JR., CHAIRMAN 1T-8/27/81(1~ Southold ToO Board of Appeals -26- ~eptember 3, 1981 PUBLIC 'HEARING: Appeal No. 2864 -.Gladys G. Bayles, c/o Flower Hill Building Corp. as agent, Cutchogue, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-30A for permission to construct addition and convert building with guest room to dwelling use. Location of Property: Smith Road (private) at Nassau. Point, Cutchogue, NY; bounded north by Ahrens, Smith Road and Cook, west, south and east by the Bay; County TaxMap Item No. 1.000-119-1-14 (further known as Nassau Point Subdivision Map No. 156, Lot A). The Chairman Opened 'the hearing at approximately 8.35 p.m. and read the legal notice of hearing in its entirety and appeal application. MR. CHAIRMAN: Mr. Lark? Is there anything you would'~ike to add, RICHARD F. LARK, ESQ.: Yes, good evening. On behalf of my client, we're here because the building inspector denied the application of the petitioner in modernizing-expanding-the board is aware in viewing, the property, the existing guest cottage/garage facility,.because it contains a kitchen area. If it didn't contain a kitchen area, which it does, we woUldn't be here because it wOuld still be.construed as an accessory use. But since it has both the kitchen and bathroom facilities as well as a building area, it's under the zoning ordinance, the building inspector has interpreted as it as a separate dwelling unit, even though the use would continue the same. Therefore, the board will have to look at and make findings as to whether a strict application of the ordinance will re- sult in practiCal difficulties. As you are aware the courts have defined just what practical difficulties are and in mak- ing the determination the board will have to consider how substantial the varianc~ is in relation with the require- ments of the zoning ordinance, the effect if the variance is allowed on the increased population density which wOuld produce on the available governmental facilities,.whether substantial change will. be produced on the character of the neighborhood or substantial detriment to adjoining properties and whether the difficulties can be obviated by some other method other than a variance, and whether in view of the manner in which the difficulty arose and a consideration of all the factors, the interests of justice will be served by granting the variance. I want to say at the outset that when the applicant brought this problem to me after conferring with the build- ing inspector, I concurred with the building inspector and also the Chairman of the Planning Board, because it seemed to me at the outset, since we have 5.45 acres and where the property was,~ a minor subdivision can be. created where we could have two lots, so one where the main dwelling is and the other one where the accessory structure is now. The guest cottage which would be expanded w.-.uld L~ c~an~d would be. Now the-Planning Board chairman informed me that Southold Town Boa~of Appeals -25- Sep~er 3, 1981 (Appeal No. 2862 - Mary Ray continued:) The made the following and determination: Appellan~ by this appeal seeks appl of the construction of a carport Ltion approximately foot from the northerly sideyard line and approximat 29 feet from the rear- yard property . The Board finds the carport addi- tion has been for more than four years. Existing on the subject premi es are a one-fami~ one-story frame house and two small in the rear . The premises contains an area of ~tely 20,250 re feet and has frontage along Factory of 110.34 fee as shown on Roderick Van- Tuyl's survey of 22, 1981. In considering variance request is herein are unique and that the grant of the v. detriment to adjoining obviated by a methOd, variance; that no advers~ governmental facilities relief requested will be ii purposes, of the zoning code is appeal, ;he Board determines that the .al; that the circumstances ~e pract ~1 difficulties have been shown; not produce a substantial ; that the difficulty cannot be to the appellants, other than a scts will be produced on available , increased population; that the ~armony with and promote the general On motion by Mr. Goehr , seconded .by Mr. Grigonis, it was RESOLVED, that ordinance for carport SUBJECT TO THE FC granted a variance to the zoning )lied for in Appeal No. 2862, ON: That the carport other than a carport. be ~ed or be used for any purpose Location of Prop( ~ty: 375 County Tax Map Item No. Vote of the Ayes: ringer, Sawicki anl Grigonis. Avenue, Mattituck, NY~ 122-6-6. Doyen, Douglass, Goeh- This resoluti¢ % was unanimously Southold TownOBoard of Appeals -27- ~eptember 3, 1981 (Appeal No. 2864 - Gladys G. Bayles, continUed:) MR. LARK continued: although this could be done we could create two lots, he didn't foresee any problems with that. It was his opinion that this would not serve either the Bayles Family or the spirit of the ordinance because then in effect we would have two lots down %here. The owners do have no intentions of any type of a sale. They're going to use it as they have always used it, as a guest storage area-garage complex. Right now the grandchildren use it primarily the weekends and during the summer, during recess from school, although they, he occupies the main house, which by the' way he is also modernizing and updating which they already have the permits to do. Now so after considering it again and going back and talking.to the applicant, it was decided and conferring as I said with the Chairman of the Planning Board, it was thought that the best way to.handle it and preserve the spirit of the zoning ordinance would be to ask for a variance to create or to allow the two houses on the one lot. It is no subdivision here. It would have to go and remain as one.parcel 'situation, and namely because as I said because of the use of the property and its'location, and for the other reasons as I stated forth in the appli- cation. Also, although there would be no difficulties from a legal point of view creating a'subdivision there becomes several practical difficulties. If you had a subdivision, the main house lot which would be the most southerly lot would have to have an easement over the other lot due to the configuration. You're right on the end of Nassau Point, as you are all aware of. That would be one problem right off the bat. The other problem.is where Would you draw the lot line which,, because you wouldn't want to necessarily, there's enough room there, but where would you draw it for the side yards between the two places. That was another-- we ended up with morepractical problems by doing it that way. And so, as I said he felt that the best way to do it would be to apply to the Board of Appeals to obtain a variance rather than go through the subdivision process because, you know, the practical difficulties. Also keep in mind that we're not creating two lots here even though we have five acres, we're not creating two building lots. The well will continue will continue to serve as it does today, both places, and the cesspools will continue to serve bOth places. So you're not getting a situation where Southold Td~5 Board of Appeals -28-~September 3, 1981 (Appeal No. 2864 - Gladys G. Bayles, continued:) MR. LARK continued: you're having two.independent lots. So as I say, keeping that in mind and the strictly residential character of Nassau Point, it was felt to apply for a variance. Now, let's look at the facts that the board will have to consider. How substantial is the variance in relation- ship to the requirements. The requirement says only one dwelling on one lot in an A-Residential & Agricultural District, which is what this is. And in order to have a residence on a lot, a lot is defined as 40,000 square feet. So here we have 5.45 acres, or 237,400 square feet, so I don't think that the requirement that we're asking for a variance is very substantial as would be if you had a much smaller property hemmed in by other properties. So I think that's an important factor. The other, the effect of the variance if' allowed on the increased population density produced on other avail- able governmental facilities. Keep in mind we're not creating two lots or a two-family situation. It's still going to remain as just two dwellings on one lot. We have several other situations in the toWn where we have that, so you don't have like two independent situations there, which you would have with two lots. And the owners don't want that. They are just going to continue to use it like they have. So there will be no increase in the population density, and as I say, keep in mind the guest cottage there today does contain one bedroom, a bathroom,. and a.garage facility. The expansion as you saw on the plans will contain the same bedroom and enlarged, bathroom and living area, and also it will have a kitchenette facility with a toilet facility attached off to it, and then the garage area. So there isn't going to be any increase in the bedrooms or.that, just the living area size of the house. And whether there would be, another one, a substantial change will be produced in the character of the neighborhood or substantial detriment to adjoining properties. As you see from the map, the applicant also owns property to the north there, other property, which acts as a buffer, and then for another five-acre piece as a matter of fact, which is split by the driveway going in and out. You have that as a buffer and then you have just the two houses, and don't forget you have the isolation of this being at the tip of Nassau Point. So we don't feel there will be any change at all in the neighborhoods. I covered with you whether the difficulties can be obviated by some other method. A~subdivision, althOugh it can be done legally, Could create more problems than it's So~thold Tow~oard of Appeals -29- ~ptember 3, 1981 (Appeal No. 2864 - Gladys G. Bayles, Continued:) MR. LARK continued: possibly worth, and the applicant is not interested in that. The other thing that interestingly Could be done, but it would be an architectural..disaster, if the builder de- cided to put the addition on the southerly portion of the house of the guest cottage, it would probably hook onto the main dwelling, and you could end up with just one dwelling there. But even though it would have separate entrances but architectually and aesthetically looking at the area it would, although it's a.way out of the dilemna of expanding it and keeping one house.. You can have more than several kitchens in one structure. It would be an architectural mess. And so, that's why it was laid out the way you have it in the plans. ... And then the last factor, in view of the manner in which it arose -- it as I said has been there since 1936, and the use has been there since '36 and it's just a modern- ization, updating it if you would, and with an expansion to make it more comfortable for the owners and his children and grandchildren. And taking all the factors into consideration, I think the granting of the variance is the best way to obviate the practical difficulty of this. If the board has any questions, I'll be glad to answer them. MEMBERGOEHRINGER: Mrs. Bayles? I was wondering, Mr. Lark -- is it MR. LARK: Mrs. Bayles, that's the legal ownership in the Estate. She has passed away. It's her husband actually the owner. MEMBER GOEHRINGER: Is there any problem with Mr. Bayles living with the restriction of it never being rented? MR. LARK: That's no problem. You mean with the acces- sory building, in other words the one that-- there's no question about that. In fact you can put another one with it being subdivided, because the intent is not to subdivide, because I went through that already, is figuring the way out and the owner said, "No, I don't want a subdivision there." So, that is no proble~ Because it's strictly a family-use situation. MR. CHAIRMAN: Anyone else to speak for this? MR, EVERETT: I represent the Nassau Point Property Southold ToO Board of Appeals -30- ~eptember 3, (Appeal No. 2864 - Gladys G. Bayles, continued:) 1981 Owners Association, and we have gone on record as ( ) opposing two houses on one lot. This has, we do this with regret as far as the Bayleses are concerned. We recognize everything that Walter Uhl has said, but I think that's for the now and we don't know what's going to happen in the future. We feel that putting two houses on one lot.is a further step towards jeopardizing an already precarious water supply. We are rapidly approaching the maximum number of houses on the Point that will'be permitted by the Suffolk County-~Board of Health. They have set that figure at.350, com se, com sa a few, and we are already over 300. Now we have consistently opposed this type of construction of placing two houses on one lot. We feel that in this case, I understand the situation, I am in sympathy with it, and but we're still speaking for the now. As far as that particular thing is concerned. What's going to happen tomorrow, if Mr. Bayles passes away and the property passes into other hands, and the other lots are subdivided by the new owner, then we're going to have that twO-house on one lot situation and a house on every one of 'the other five acres, you see. These are the possibilities we have to face, and it's for this reason that'we must support the building department objections, and withhold your approval. MR. CHAIRMAN: I'm sorry, I met you the other day but I can't remember your name. MR. EVERETT: My name is Everett. of the Association. W.P. Everett. I'm a Vice President MR. CHAIRMAN: Mr. Gardner. There's a letter in the 'file here from MR. EVERETT: President. He's ex-President. Ted Bruce is presently · MR. CHAIRMAN: I talked with him the otherday at the office. Ok, thank you very much. Anyone else to speak against this? (None) If not, I.'ll close the hearing and reserve.decision until a little later. On motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, to close the hearing and reserve decision in the matter of Gladys G.. Bay!es, Appeal No. 2864. Vote of the Board: Ayes: Grigonis, Doyen, Douglass, Goehringer and Sawicki. PUBLIC HEARING: Appeal No. 2861. Application of Donald J. Finnerty, 1530 Fleetwood Road, Cutchogue, NY for~ a Variance to the Zoning Ordinance, Article III, Section 'oday' g Date'': Thursday,--~ .lembe. rs Abse,~t, if an):: none September 3, 1981 .ppeal No. 2864 .genda Item/Matter of: GLADYS G. BAYLES )/De of Variance or Appeal: Use variance/ esolution made by: econ ded by: (R. ~ark; Esq.) accessory building with guest room to c onv-~t e--~t0 ' dw~ 1 ling. GCharles ~erqe ~Rob~rt ~ Gerard Joseph. r~gonls ~oy-en ~ouglass ~oenrlnger ~aWlCK~ (~-/ (') ( ) ( )/ ( ) ( ) ( ) ( ) (tO/ ( ) ction: Approve as applied for Deny as applied for " Deny .." Den5' without prejudice \v'ithdrawn without Prejudice be ( P'~pprove with the following conditions: . _. - ~/ . / ./ ( ~ Subject to County Plannifl9 referral / ~ ( ) Subject;to Plannin~ Board approval ~~-~o (~) Subject to D.E.C. requlations ( ) Other: ....- ~. ~.. 4~ 7~ ~,s, ~ ndings of the Board are as £ollows Other: ) Not Within the Character of the Neighborhood ( ) Granting the Relief Requested is within ) Variance is Substantial in Relation to Code If so, %. Hardship not sufficient Hardship or Difficulty Not Unique Will set a precedent in the neighborhood Area is already very congested Interests of justice, served by denyin9 ( ) ( ) ( ) spirit of the zoning code Relief is not substantial .. Burden of har~lship or difficulty Shown and is unique Variance will not change character of the neighborhood Interests of Justice served by granrin§ ,re of the Bolrd.*- A yes: ('~CG ( 6)/'Si' ('~/RRD (~ '. '- Nay: ( ) ( ) ( ) ( ) ( ) Abstain: ( ) ( ) ( ) ( ) ( )' Absent: ( ) . ( ) ( ) ( ) ( ) ~tes: Restriction for guest and family use only? W. S. Gardner Vanston Road Cutchogue, N Y. 11935 Board of Appeals Town of Southold Southold, N.Y. 11971 Gentlemen: eptember 2,1981 Town ol Souihold While I am no longer President of the Nassau Point Property Owners Association, I would like to comment as a resident of Nassau Point on the request for variance to complete a second residence on the Bayles property at the end of Nassau Point. As pointed out in the request for a variance, this is a large piece of property,about 5 acres, and could be easily divided to accommodate additional residences. Apparently this is not the intention of the applicant and I can understand his position. Our position on Nassau Point, in view of our water supply and quality problems, is to limit the number of homes that may be built by all legal and proper means. While the applicant represents that this additional residence will only be used' by members of his family and friends, my concern is for the future when someday this property will change ownership and a new owner may not have a great concern for the area. I recall a somewhat similar request for variance that came to your Board about a year ago (the Noreklun case in Orient?) where the applicant requested permission to fix a barn on his single lot into a residence for his parents. I thought that your handling of the request was excellent and suggest that a similar arrangement be made on the current case. As I recall you set a list of requirements that would insure that the second residence would -~only be used for the stated purpose, that it would never be rented and that annual inspections of the property by your Board would guarantee that the provisions of the agreement were being followed. These stipulations would carry over to any new owner in the future. This solution seems equitable to all parties - present owners and neighbors on Nassau Point. I hope that you will come to a decision along these lines. Very truly yours, K JUDITH T. TERRY · TOWN CLERK REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 August 5, 1981 TELEPHONE (516) 765-1801 To' Southold Town Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Appeal No. 2864, application of Glayds G. Bayless for a variance. Also included is' Notice to Adjacent Property Owners' Conrad Ahrens and Jane W. Cooke, Short Environmental Assessment Form, Letter relative to the N.Y.S. Tidal Wetlands Land-Use, Notice of Disapproval from the Building Department, and Surveys of the Property. 0 Southold 'Town Board of Appeals APPEALS BOARD' MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. NOTICE OF DECLARATION ROBERT 3. DOUGLASS PURSUANT TO GERARD P. GOEHRINGER N.Y S. ENVIRONMENTAL QUALITY REVIEW ACT Joseph H. Sawicki ' Appeal No. 2864. Application of: Gla.dys G. Bayles by R,F. Lark, Esq. Location of Property in Question: Smith Road (private), Nassau Point, Cutchogue, NY. County Tax Map Item No. 1000- 119-1-14-. :~ ~ Project Proposed by Appeal Application: To construct addition and convert building with guest room to dwelling use. 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. This declaration should not be considered a determination made for any other department or agency which.may also be involved, nor for any other project not covered by the subject appeal appli- cation. Dated: August 6, 1981. Copy to: Town Clerk Bulletin Board Applicant or his Agent Original in ZBA file BY ORDER OF THE SOUTHOLD TOWN ~BOARD OF APPEALS .HOMA$ £. UHL PRESIDENT, 692-4545/6 Flower Hill Building Corporation 8243 JERICHO TURNPIKE WOODBURY. L. i.. N. ¥. 11797 July 14, 1981 Town of Southold Building Department Southold, NY 11971 ATT: Mr. Fisher Dear Sirs: We herewith submit a plan to alter and increase the size of a guest cottage on Lot # owned by Heagan Bayles, Nassau Point, Cutchogue. We would lik& to commence construction as soon as possible. Very truly yours, T ION ~ Walter Uhi ~' WU:cm TOWN OF SOUTHOLD ~ SHORT ENVIRONMENTAL ASSESSMENT F INSTRUCTIONS: (a) In order to answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning the pro3ect and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be significant and a completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that this project is not significant. (dj Environmental Assessment 1. 'Will project resu[t in a large physical change to the project site or physically alter more than lO acres of land? ............... ~ ........ 2. Will there be a major change to any unique or unusual land form found on the site? .......... 3. W£11 project alter or have a large effect on existing body of water? ....................... 4. Will project have a. potentially ~arge impact 10. 11. 12. 13. 14. Yes × No Yes × No Yps × No on groundwater quality? ....................... ,,, Yes,× No.. 5. Will project significantly effect drainage flow on adjacent sites? ........................ Yes × No 6. Will project affect any threatened or endangered plant or animal species? ........... , ~Yes, × No 7. Will project result in o major adverse effect on air quality? ............................... , Yes × No 8. Will project have' o major effect on visual character of the community or scenic views or vistas .known to be important to the community? Yes × No 9. Will project adversely impact any site or structure of historic, prehistoric or paleontological importance or any site designated as o critical environmental oreo by a local agency? ............ -.~..-...~...*."..... Yes × No Will project have o major effect on existing or future recreational opportunities? ......... Yes × No Will project result in major traffic problems or cause a major effect to existing transportation systems? ....................... , , Yes × No Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturbance as a result of the proje.ct's- operation? .................................... Yes × No Will project have any impact on public health or safety? .................................... Yes × No Will project affect the existing community by directly causing a growth in permanent population of more than 5 percent over o one year period or hove o major negative effect on the chara~ter of the community or neighborhood? ................................. Yes. × No 15. Is there public controversy concerning the project? ............................... ' ...... Yes × No FLOWER HILL BUILDING CORPORATION '' PREPARER'S SIGNATURE REPRESENTING Walter Uhl, Vice President Gladys G. Bayles DATE August 5, 1981 To: Re: Southold Town Board of Appeals Main Road Southold, NY 11971 August 5, 1981 (Today's Date) Appeal Application of Location of Property: Gladys G. Bayles .. Nassau Point., Cutc~ogue~ .New York Dear Sirs: In reference t° the New York State Tidal Wetlands Land-Use Regulations, 6 NYCgg~ Part ~61, 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) Ix] May be located within 300 feet oB tidal wetlands; however, constructed along the w~ter-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 ~he 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, Walter Uhl, Vice-President as agent for Gladys G. Bayles BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of GLADYS G. BAYLES to the Board of Appeals of the Town of Southold TO: Conrad Ahrens 50 Sagamore Ro~d Bronxville, New York 10708 Jane W. Cooke 1150 Fifth Avenue New York, New York NOTICE 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) (~M~[~:~war~(]~i~i~t(X(the following relief: to alter and increase the size of existing garage and guest room facilities thereby converting). same to dwelling. 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: North by Ahrens and Cooke; East by Peconic Bay; West by Peconic Bay; South by Peconic Bay. 3. That the property which is the subject of such Petition is located in the following zoning district: "A" Residential and Agricultural District 4. That by such Petition, the undersigned will request the following relief: to alter and increase the size of existing garage and guest room facilities thereby converting same to dwelling. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are: Article III, Section 100-30A(1) 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. 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. FLOWER HILL BUILDING CORPORATION Dated: f[ugust 5, 1981 /, ~ ~ By Walter Uhl, Vice President, as Agent for Gladys G. Bayles Post Office Address Nassau Point Cutchoque, New York 11935 PROOF OF MAILING OF NOTICE NAME ADDRESS Conrad Ahrens 50 Sag~ore Road, Jane W. Cooke 1150 Fifth Avenue, ' (I3o ~ 9L6I '.~d¥ '00~ uJJo,_,I Sd Bronxville, N.Y. 10708 New York, New York STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: Barbara Diachun , residing at School House Road, Cutchogue, New York , being duly sworn, deposes and says that on the 5th day of August ,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- fice at Cutcho~e, New York ; that said Notices were mailed to each of said persons by (certified) ~ mail. Sworn to before me this 5th day o AucTust ,19 R1 Notary Public ;~'~ -'- BABETTE CORHINE NOTARY PUBLIC, State of New York Suffolk County ~rgo. Commission E>:p~res ~Ac~rc~ 30, 19.....~ ' Barbara Diachun SEE SEC. NO. 133 LI TTL£ PECONIC BAY SEE SEC. N0.133 SEE SEC. NO. 133 14 10-3 A(c) N28,400 o o MICHAEL BAKER, JR. Property or R W Line [ County Line N.y.p E .~441~ Denotes Common Owner Z J Town L,ne Co~suLri g Engineer Subdivision Lot Line ! Village Line Rochester, Pennsylvania Railroad I I[ Block k,mit Stream .... ~ i School D~stnct Line -- ---SCH -- - 0 Z 0 l-Iq- UNLESS DRAWN OTHEr ARE WITHIN THE F SCHOOL 8 FIRE 29 LIGHT 45 PARK 90 Hydrant District Line----H- Refuse D,strict Line -----R. Block No. Parcel No. 23 Subdivision Block No. MAP O~ LANrO GLADY$ ¢_:P__.~NNELL ~)A¥LF--$, ~f i Hoard of ~pp'eals ~own ol ~oul]~o]d J / ~ T q