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HomeMy WebLinkAbout2782............. PTETROUA~GEE07 ~-'~O'FSV-~~ ~RY 52340 Main Rd., Southold 3/5 & 3/I2/8I D-operate a retial flower shop on first floor of exisitng bldg. in an A-Residential District. TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 278'2 by application Dated Jan. 21, 1981 ACTION OF TI~E ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Rudolph H. Bruer, Esq. (attorney for applicants) Main Road Southold, NY 11971 AppeUant at a mee~ng of the Zoning Board of Appeals on A~)ril 23, 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 appeal 100-30A(1) ,i (2) granted ( ) be denied pursuant ~ Article .................... Section .................... S~section .................... para~aph .................... of the Zoning Ordnance and the decision of the Bu~ding I~pector ( ) be reversed ( ) be conf~medbecause Public Hearing: 3/5 & 3/12/81:Application of John and Mary Pietrodangelo, 52340 Main Road, Southold, NY (by Rudolph H. Bruer, Esq.) for a Variance to the Zoning Ordinance, Art. III, Sec. 100-30(A), (C) for permission to operate a retail flower shop on first floor of existing building in an A-Residential District. Location of Property: 52340 Main Road (S.R. 25), Southold, NY; bounded north by S.R. 25; west by Charnews; south by Southold School District No. 5; east by Terry; County Tax Map Item No. 1000-63-6-9. (SEE'REVERSE SIDE) 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical hardship because 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 (SEE REVERSE SIDE) (would not) 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 6/4/81 ZONING BOARD OF APPEALS FORM ZB4 The Board finds and determines as follows: The premises consists of a parcel of land having frontage on the south side of Route 25 of 65 feet and a depth of approximately 200 feet. The premises are improved with a 2½-story wood frame structure, private garage in the rear, and tool shed. The premises have been prior to zoning occupied for two-family use and accord- ingly has a nonconforming use status. The Board also finds that the properties located in the neighborhood on both sides of the highway are of a character similar to the instant parcel and ac- cordingly the appellants' circumstances are similar to the cir- cumstances existing generally in the neighborhood. It is the opinion of the Board the appellants' plight should be addressed to the Town Board with a view possibly of rezoning the area abutting Route 25 to a business area. It is the opinion of this Board that although applicants have indicated that they cannot obtain a fair return of the investment, that this situation generally exists with all neighboring properties. Accordingly, on motion by Mr. ~rigonis, seconded by Mr. Goehringer, the appeal is denied. Location of Property: 52340 Main Road, Southold, NY; County Tax Map Item No. 1000-63-6-9. Vote of the Board: Ayes: Messrs. Doyen, Douglass, Goehringer, Sawicki and Grigonis. RECEIVED AND FILED BY SOUi OLD TO ,?N CLEP LEGAL NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, Law and the Provisions of the the following matters will be pursuant to Section 267 of the Town Amended Code of the Town of Southold, held for public hearings by the Southold Town Board of Appeals at the Southold Town Hall, Main Road, Southold, NY on Thursday, March 5, 1981: Ma7:30 p.m. Application of John and Mary Pietrodangelo, 52340~ in Road, Southold, NY (RudolPh H. Bruer, Esq.) for a variance to!| the Zoning Ordinance, Art. III, Section IO0-30(A),(C) fOr permission to operate a retail flower shop on first floor of existing building in an A-Residential District. Location of Property: 52340 Main Road (S.R. 25), Southold, NY; bounded north by S.R. 25; west by Charhews; south by Southold School District No. 5; east by Terry; County Tax Map Item No. 1000-63-6-9. 7:45 p.m. Application of Richard A. and Janet J. Schlumpf, 32 Curtis Path, East Northport, NY (Wickham, Wickham & Bressler, P.C. as attorneys) for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for approval of the reduction of the area and width of a parcel of land to provide additional access to a second parcel of land, located at the east side of Indian Neck Lane, Peconic, NY; bounded north by James, Mealy, Capobianco, Sheily, Lueckoff; west by Indian Neck Lane; south by Peconic Bay Gardens; east by Richmond Creek; County Tax Map Item No. 1000-86-5-7 and 8. 7:55 p.m. Application of Thomas J. DeBorger, 93 Broadwaters Road, Cutchogue, NY (Rudolph H. Bruer, Esq.) for a Variance to the Zoning Ordinance, Art. III, SecJ 100-31 for permission to change division line between Lots 295 and 296 to run generally north and south rather than present east and west at 945 Broadwaters Road (a/k/a lO0 Wunneweta Road), Cutchogue, NY; Nassau Point Properties Sub. Map 156, Lots 295 and 296; County Tax Map Item '~Page 2 Legal Notice of Hearings Board of Appeals Meeting of March 5, 1981 No. lO00-104-11-9. 8:05 p.m. Application of Frederick Cowan and Company, Inc., 120 Terminal Avenue, Plainview, NY 11803 (Richard J. Cron, Esq.) for a Variance to the Zoning Ordinance, Art. VII, Sec. lO0-70A, B, for permission to conduct an industrial-type business (equipment designing and fabricating) in a B-1 Business District. Location of property: northwest corner of North Street and School House Road, Cutchogue, NY; bounded northwest by School House Road; northeast by North Street; southwest by Baxter; southeast by Case; County Tax Map Item No. 1000-102-5-9.2. 8:20 p.m. Road, Cutcho§ue, III, Sec. lO0-31 Application of Leo and Lillian Brac, Nassau Point NY for a Variance to the Zoning Ordinance, At. for permission to alter property line between Subd. Lots No. 49 and 50, reducing the lot area for Lot 50 and increasing the lot area for Lot 49 of property located at the east side of Nassau Point Road, Cutchogue, NY; bounded north by Eggers; west by Nassau Point Road; south by Blaikie; east by Peconic Bay; County Tax Map Item No. 1000-111-15-8. 8:30 p.m. Application of Frederic P. Rich, 1470 Hobart Road, Southold, NY (William H. Price, Jr., Esq.) for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for approval of insufficient area and width of two proposed parcels each with a residence, and known as 1470 and 1580 Hobart Road, Southold, NY; bounded northwest by Smith; southwest by Town Creek; southeast by Creighton; northeast by Hobart Road; County Tax Map Item No. 1000-64-3-2. 8:35 p.m. Application of North Fork Motel, Inc. to change existing motel use to privately-owned units. (Previously advertised 215181). Dated: February 12, 1981. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS CHARLES GRIGONIS, JR., CHAIRMAN To the Suffolk Weekly Times and Long Island Traveler-Watchman: Please publish once, to wit, February 19th (or in the alternative, not later than February 26th), and forward six affidavits of publication to: Mrs. Linda Kowalski, Secretary, Board of Appeals, Main Road, Southold,NY 11971. (tel. 516-765-1809 or 1802). Copies mailed Tuesday, Feb. 17, 1981 to: Rudolph H. Bruer, Esq. as attorney for John and Mary Pietrodangelo Thomas J. DeBorger Wickham, Wickham & Bressler, P.C., attorneys for Richard A. and Janet J. Schlumpf Leo and Lillian Brac 'William H. Price, Jr., Esq. North Fork Motel, Inc. Frederick Cowan and Company, Applicants at their mailing Supervisor Town Clerk Bulletin as attorney for Frederic P. Rich and Inc. addresses shown on applications. Board was posted on 2/17/81. TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DAT£ .~.~JJJ.~ ~ 1~i TO THE ZONING BOARD OF API~EALS, TOWN OF SOUTHOLD, N. Y. Name of Appellor~t Street and Number Southold Municipality .... ~A.~.~. .............. HEREBY APPEAL TO Stote THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED .....('-~'~.../...t..~...~.. / WHEREBY THE BUILDING INSPECTOR DENIED TO ~/ ~ (x) (x) Nome of Applicant for permit of ..5..~ 3.4...0......~....iA..~.o..~.d..,.....a..o. ~;1~o.1~ ,... ~I., .~., ...................................................... Street and Number Municipality Stote PERMIT TO USE PERMIT FOR OCCUPANCY ( ) 1. LOCATION OF THE PROPERTY ..5...2..3...4..~......y..~`.~`.i...n....R..Qii.~.~.~j~g.~.~;~.~`d`~...~.~.Y.~.~..~`~.-.~.~.~ntia~ Street Use District on Zoning Mop ...~...~.....~. ~p. k .:k~.0.0.....-....0. 6.3., g.¢l....-... ~.6., .Q 0....-.. 009.000 Map No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Artlole IlL Bastion 100-30~ 8ubsaotion A. ParagrJphs I & 2 3. TYPE OF APPEAL Appeal is made herewith for C~ ) 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. !6 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal;~tl~) (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 isrequestedforthereasonthatapl~lant wi~ be unable to have a ~Lo~er ahop on the first floor of premises owned by them on the south side of Main Road, Southold, N.Y., with an apartment upstairs. Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because there is no other location available flor appellant to move their florist shop on Main Road, $outhold, N.Y. The parking facilities at his presente~tablishment are inadequa~, w~reas at the ~ro~d ~w location ~ere will be eight (8) parki~ spa~s, which is more ~an ads.ate, as 8~ of their busi~ss i~ ~nduc~ o~r the telethon. 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 apJ.~l~llant's business rec~.~ires whereas other pro~erties (to wits premises directly across the street) are ~nducting businesses which are seasonal in nature, selling products primarily gro~n on the premises unlike appellant. 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because ap~llant would hemo~til~j their business from the north side of the street to the south side of the street approximately 30 yards w~st of the existing stere, which w~uld help ease traffic c~njeation. Further, with the premises occupied as a residence upstairs, the building would continue to keep its residential STATE OF NEW YORK COUNTY OF ~JFFOLK SS Sworn to this c>'d~2 ~ day of.....~,riuar~ ................................. 1981 ~ ,%~c~ ~'~'/' ~"~%%' .. ~l,~:~ , .~':,. :.~,~ .......................................................... .~%~ ~'~d~;~,~~ Notar Public J~AIN J~OAD ,3 COUNTY OF SUFFOLK DEPARTMENT OF PLANNING 360-5513 Charles Grigonis, Jr., Chairperson Town of Southold Zoning Board of Appeals Southold Town Hall - Main Road Southold, New York 11971 Boar'd of Appeals Town of Southold LEE E. KOPPELMAN DIRECTOR OF PLANNING July 1, 1981 Re: Application of "John & MaTY Pietrodangelo" (#2782) Town of Southold (SD-81-4) Dear Mr. Grigonis, Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the Suffolk County Planning Commission on July 1, 1981 reviewed the above captioned application and after due study and delibera- tion Resolved to disapprove it because of the following: 1. Sufficient information has not been submitted .to demonstrate compliance with applicable "use variance" criteria; 2. It constitutes an apparent circumvention of legislative powers exclusively deligated to the Town Board; and It would tend to establish a precedent for further business development in the locale along N.Y.S. Rte 25 inconsistent with the Town of Southold Development Plan which designates this area for suburban single family residence development. GGN: md Very truly yours, Lee E. Koppelman Director of Planning Gerald G. Newma{~ ~_ Chief Planner TOWH CLERK 76S-3783 Town Of Southold TOWN CLERK*S OFfiCE M~in Road Southokl, N. Y. 11971 Pursuant +O the C=enerel Municipal Law, Chapter 24, of the Con~Hdated Lav~, Afficle 12-B, Sections 239-1 and m, the Eio.ard..mf...Ap~als .............. of the (agency involvedI proposed z~ni~ action to the Suffolk County Planning Icheck oneI ............ New and recodified zoning ordinance ............ Amendment to the zoning ordlnence ............ Zoning changes ............ Special pe~its ...... :;;;(. Variances Art. III, Sec. +own of Southold, N. Y. hereby refers the following Commission: Appeal No. 2782 John & Mary Pietrodangelo 52540 Main Road Southold, ~,~ 11971 400-30 (A),(C) Location of affected lend: 52;SAO...~..~t,...(S,~,..25),...~o~.;hold.,....(.l.0DO.-..~3..-...-.9.).. within 500 feet of: (check one or more) ............ Town or village boundary llne ....... ~:. State or county read, parkwey or expressway o.~. ~ ............ State or county park or recreation area ............ Stream or drainage channel owned by the county or for which the county has established channel lines ............ State or county owned parcel on which a public building is situated Commen~: Apolicants were denied permission to ooerate a retail flower shoo on f.~rst floor of existing buildinE in an ~-Residential District. Date: . Ma~ .511 .,...:1.q8.1 .................. (signed) ... Eileen.. [~ ,...C am. ay ~...Tempo. r~ry...Se, ct. et az3~ Title Date received by Suffolk County Plenn~ng Commission .......................................................................... Rle No ................................. .Telepho. ne: 765 - 1365 CARPENTER - CONTRACTOR Extensions - Alterations - Roofing _ Siding P. O. BOX 235 SOUTHOLD, NEW YORK 11971 March 16, 1981 Southold Town-Zoning Board of Appeals Southold Town Hall $outhold, New York Gentlemen, I~ regard to John and Mary Pietrodangelo's appeal for variance #2?82, which would allow a florist shop in the lower floor of his house, I wish to strongly object. I re- side direc-tly across the street from the proposed flower shop and would be adversly affected. I was in attendance at the March 12 meeting of the zoning board of appeals and spoke out against the issuing of said variance and would like to ellaborate on my statements. I see this attempt to gain a variance as the first step in the down zoning of my area, and I must stats my op- position. I moved into the neighborhood four yea~s ago because of the country setting, and residential zoning. The view from my home toward the south, as i~ all directions, is one of natural beauty. I am strongly against any change, such as Mr. pietrodangelo's business, that would lessen the beauty of the neighborhood, paticularly with regard to business signs and delivery vehicles. It wass suggested when I moved here to erect a sign for my carpentry business. Without a thought to the legality of doing so, I regec~ed the idea because ! detest looking at signs. I could have moved to Centereach if I wanted that. The board heard Mr. Pietrodangelo's representative men- tion my wife's greenhouse and business, with the hope that it would show that my reasons for objecting were purely finan- cial reasons. The greenhouse mentioned was installed soley for her pleasure, and has never been used for anything other than that. It has in no way been used for commercial purposes. She also has herb gardens from which she sells fresh and dried herbs. She sells omly home grown products for about five months of the year, and I don't think that it cen be compared, as Mr. Pietrodangelo's representative has tried to do, with a full time florist shop. .Telephone: 765 - 1365 Raherf arrmBtan CARPENTER - CONTRACTOR Extensions - Alterations - Roofing _ Siding P. O. BOX 235 SOUTHOLD, NEW YORK 11971 Mr. Pietrodangelo has stated that he has eight parking spaces. Examinatiom of the property shows that he has a sin- gle lane driveway leading to three parking spaceswhich, when in use' leave no room, to turn around. This situation will lead to people backing out onto the main road, or, parking in the street, where they would be competing for space with the parishioners of St. Patrick Catholic Church. He has mentioned that most of his business is telephone business, and that only on certain holidays would there be much traffic, such as Easter or Mother's Day. These are the days when the church traffic and parking as at full capacity. It seems to me that to looke at the house in question, there would have to be some structural changes, at least in regard to windows, to attract customers,, changes Mr. Pietrodangelo has denied would be done. I am begging you to deny tis variance for those reasons. Very ~uly yours March 13, 1981 (516) 765-t 222 (516) 765-2500 Zoning Board of Appeals Town of Southold Southold Town Hall Main Road Southold, New York 11971 Re: Pietrodangelo Variance Dear Board of Appeals: Pursuant to your instructions of last night, we are submitting the following regarding the Standard of Proof for a Use Variance in the above matter~ 1. ~he amount paid for the land in question and im- provements thereafter made to said premises total $60,000.00. 2. Its present value is at least $79,500.00 as per attached appraisal. 3. Maintenance expenses - see enclosed 1979 and 1980 income tax return Schedule E. Please note that the schedules show a loss for the last two (2) years. 4. The land taxes are $1308.00 a year. 5. The amount of mortgage or other encumberances is $30,000.00 with the Southold Savings Bank which was executed in 1976. 6. The income from the land for 1980 was $3,675.00. Please note that Schedule E shows operating ex- penses in the sum of $5,079.00. In 1979 the property was not used as applicant's residence and the operating expense at that time were $9,119.00. Applicant is no longer residing in these premises. From the a~ove, it is obvious that the property is operating at a loss in its present status and we respect- fully request that the Board grant the variance as applied for. If you require anything further with respect to "the standards of proof" including testimony, please let me know and we will be glad to provide it for you. Again, the land in question, as it presently exists, can not yield a reasonable return as can be seen from the documentation attached hereto and 2) the variance will not alter the essential character of the neighborhood since it will be moved only approxim tely nine hundred feet (900') from its present location. It is located across the street from a retail agricultural stand. It is located in the vicinity of the American Legion and is further located on Main Road between the heart of the Hamlet of Southold and various business to the West including but not limited to a funeral home, real estate brokerage, attorney's office, a hardware store and an area where commercial equipment is stored (Gray's Masonry) Sincerely, RHB:dbc Enclosures ~d~lph ~. Bruer irst owne {ealty MAIN ROAD SOUTHOLD, NEW YORK 11971 (516) 799-2299 MAIN ROAD CUTCHOGUE, NEW YORK 11935 ($16) 734-3687 LEWIS EDSON LICENSED BROKER January 25, 1979 Mr. John Pietrodangelo Main Road Southold, New York 11971 Re: 52340 Main Road Southold, New York 11971 Dear Mr. Pietrodangelo: Pursuant to your request, I have inspected and do hereby submit an appraisal of the above captioned property. In making this appraisal, I have taken into consideration location, accessibility, neighborhood and all other factors necessary to estimate its value. Based on these findings, I judge the "Market Value" of the Subject Property on January 25, 1979 to be $79,500. The report ,outlining the basis upon which this opinion rests is attached hereto and made a part hereof. Your s/~uly, Lewis~L. Edson LLE:j enCo r~F~NI.~.I - SCHEDULE E - PART{ INCOME TOTALINCOME EXPENSES RENT & ROYALTY INCOME -'197~ MANAGEMENT_ COMMI~IONS OFF~CESALARIES PROFESSIONALFEES / /,r--/( rAXES REALESTATE PAYROLL WATER OTHER OTHER- MORTGAGEiNTEHEST MORTGAOECOETE-AMORTIZATION INSURANCE TOTAL EXPENSES NET INCOME NET LOSS TOTAL NET If~r~M~_ (OR LOS) YOUNGS AVl:., SOUTHOLD, DEPRECIATION SCHEDULE ~F YOU NEED MORE SeACE USE FORM 4E~2. lEI METHOD OF ] COMPUTING IFI LIFE OR DEPR ECIATION~ RATE I ?o'7 lO) DEPI~ECIATION FOR THIS YEAR TAXPAYER IS CLAIMING EXPENSES DID TAXPAYER OR A MEM~E R OF HIS FAMILY OCCUPY THE VACATION HOME IFOR PTS USE ONLY .OPERATING COSTS INCOME TOTAL INCOME DEPRECIATION AND OTHER EXPENSES DEPRECIATION O~ DEPLETION IBUSIN E$S PORTION) MANAGEMENT TAXES OTHER WATER TOTAL OTHER EXPENSES LESS OWNER OCC~ANCY AMOUNT ALLOWABLE PORTION OF OTHER EXPENSES %) TOTAL DEDUCTIBLE EXPENSES IDEPRECiATION PLUE ALLOWABLE EXPENSES) NET INCOMEOR LOSS SULLIV/~j,~ & Pl~r~r~.: ~ATE IF DIFFERENT YC'UNGS ~= ~. 13 TO OT HE R~'~-. 2. TOTAL ................................ STANDARDS OF PROOF Use Variance: The burden of proof for a Use Variance is always on the applicant to be entitled to a Use Variance, he must satisfy the "unnecessary hardship standard." According to the case law of New York, to satisfy this standard the applicant must establish by competent proof that: 1. the land in question cannot yield a reasonable return if only for a purpose allowed in that zone. 2. the use to be authorized by the variance will not alter the essential character of the locality. The case of Crossroads Recreation v. Broz, 4 NY 2d 39 holds that the issue of "reasonable return" cannot be satisfied except by a showing of dollars and cents proof in which the following is established by competent evidence: 1. The amount paid for the land in question 2. Its present value 3. Maintenance expenses 4. Land taxes 5. The amount of mortgages and other encumbrances 6. The income from the land in question. It is apparent that this dollar and cents proof can be best established through expert testimony. The Zoning Board of Appeals has the power to attach reasonable conditions to a use variance providing that such restrictions go to the essence of zoning, etc. SOUTHOLD FREE LIBRARY SOUTHOLD, NEW YORK 11971 (516} 765-2077 March 2, 1981 Board of Appeals Town of Southold Southold Town Hall $outhold, N. Y. l1971 Gentlemen: The Trustees of the Southold Free Library, owners of the property adjacent to the property of John and Mary Pietrodangelo on Route 25 in Southold, wish to go on record opposin$ the relief sought in the petition of John and Mary Pietrodangelo, because the relief sought would, in effect~ result in spot zoning and is an attempt to change an A-residential district to B-business. Very truly yours, Betsy Widirstky, Secretary Board of Trustees HENRY E. RAYNOR, Jr.. Chairman ,7AMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM. Jr. William F. Mullen, Jr. TOI D Southold, N.Y. 11971 February 11, 1981 TELEPHONE 765- 1938 Mr. Charles Grigonis, Chairman Zoning Board of Appeals Town Hall Southold, New York 11971 Dear Mr. Grigonis: The Planning Board reviewed the application of John and Mary Pietrodangelo at a regular meeting held February 11, 1981. Because the property is in a residential zone, the Planning Board feels that until such time as a variance is granted by your board and the square footage of the sales area computed, it is impossible to determine if the parking is adequate. Yours truly, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Mufiel Tolman, Secretary January 29, 1981 Southold Town Planning Board Town Hall Southold, New York 11971 Attention: Muriel Tolman, Secretary Re: ZBA Appeal No. 2782 Application of John and Mary Pietrodangelo Dear Mert: In accordance with the directions of the Board of Appeals (copy of 1/26/81 letter enclosed), we submit the enclosed proposed parking plan for review by the Planning Board. Thank you for your cooperation in this matter. S~ly, Bruer P, HB/df Encs. cc: Southold Town Board of Appeals Mr. & Mrs. John Pietrodangelo Board of ~ppea~ Iown of Soulhokl MAIN P----OAD ,,~ 1'" APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR.,CHAIRMAN SERGE DOYEN, JR. TERRY TUTH~LL ROBERT ]. DOUGLASS GERARD P. GOEHRINGER doseph H. Sa~cki Southold 1'own Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. TELEPHONE (516) 765-1809 January 26, 1981 Rudolph H. Bruer, Esq. Edson and Bruer Main Road Southold, NY 11971 Re: Appeal No. 2782 Application of John and Mary Pietrodangelo Dear Mr. Bruer: At a regular meeting of the Board of Appeals held Thursday, January 22, 1981, it was their consensus that this matter will require off-the-street parking and therefore a proposed parking plan should be submitted to the Planning Board for their review and approval, prior to scheduling this matter for public hearing. If you have any questions, please do not hesitate to call. Yours very truly, CHARLES GRIGONYS, JR. CHAIRMAN CG:lk LEGAL NOTICE NOTICE IS HEREBY GIVEN, that all of the hear- ings to be hold by the Southold Town Board of Appeals on March -~ n,h Thursday, ~z, 198! which said hearings wil be heard at the same times as previously ad- vertised, at the $outhold Towq Hall, Main Road, $outhold, NY. Dated: March 5. 1981. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS CHARLES GRIGONIS, JR. ITM12-3642 CHAIRMAN COUI~T~ OF SUFFOLI(, i ss: STR~: Or ~EW YORIC, ~av~d H, Walker .............. ~ing duly Sworn, s~s that ... ~e.. is Printer and Publisher of ~e SUFFOLK W~KLY TI~ES, a news~per publish~ ~ Greenpott, in s~d countg~ and ~at the noti~, of Which ~e ~ex~ is a PHnt~ ~PY, has been published in the ~d SuffOlk W~k~ Times Once in each W~k, fog . . ......................... w~ks suc~ssiv~l~ ~mmenclng on ~e ..... .... Sw~ to ~fore me this ~2~ ................. COUNTY OF SUFFOLK ss: STATE OF NEW YORK rEGAL NOTICE .o~acE ~S ' HEREB~ GIVEN, th~{ ail Of ti4~ hearings to 'lJ~ held by ' tho': S~{lthold Town Board of Appeals on Mar~ 5, 1981 have ~en ~ssed until ~u~sday, M~eh 12, 1981, which said hea~gs will be heard at the ~me times ~ pre~ously adve~ised at the ~uthold Town HMI, Main Road, . old, ~. Dated: March 5, 1981. BY O~ER OF THE SOUTHOLD TO~ BOARD OF APPEALS cHARLES GRIGONIS, JR. ~a~ 1+, 3/12/81 (~) 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 .... )...~.. .......................... d~r'-;~x~~ .................... ~9.~.. Sworn to before me this ...... )..~.. ................... day of ...... ~ ...... , ~9.~..~ LEGAL NOTICE NOTICE IS HEREBY GIVEN, that all of the hearings to be held by the Southold Town Board of Appeals on March 5, 1981 have been recessed until Thursday, March 12, 1981, which said hearings will be heard at the same times as previously advertised.at the Southold Town Hall, Main Road, Southold, NY. Dated: March 5, 1981. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS CHARLES GRIGONIS, JR. CHAIRMAN Suffolk Times and Long Island Traveler Watchman: Please publish the above legal notice once, to wit, Thursday, March 12, 1981 and forward two affidavits of publication to: Board of Appeals, Main Road, Southold, NY 11971. 765-1809. Copies to: Suffolk Times by hand Monday 5:00 p.m. 3/9/81. L.I. Traveler by hand Tues., a.m. 3/10/81. The following by mail 3/10/81: Rudolph H. Bruer, Esq. Abigail A. Wickham, Esq. Richard J. Cron, Esq. Mr. and Mrs. Leo Brac William H. Price, Jr., Esq. Mr. Alfred H. Goldsmith Mr. and Mrs. George Sweeney Posted on Town Clerk Bulletin Board 3/5/81. Copy to Supervisor's Office 3/10/81. COUNTY OF SUFFOLK STATE OF NEW YORK . trier No. 5; east 1000-63-6-9. tl u~o.c uq.]! pa~soj~ 7:4~ p.m. Application of Richard A. ~nd Janet J. ! S~hlump~,'3;2~-"l~ Path; Ea~r- Width~nl'~8rt~lee, P.C: a~s} ~ a Va~ ~ the ~inS O~i~n~, A~. ~e. 1~31 for app~val ~the ~du~ion of t~ ~ width ~ a ~1 ~ land p~vide addit~al ~ to a ~nd p~el ~ land, l~ated at the easl s~ ~ ~n b~n~, S~y, ~; ~nie ~ ~ns; cut by Rich~nd C~t; C~ Tn Map Item No, i~*~7 and 8. 7:~ p;m. Applicat~n Thomas J, ~, q3 hdwalen R~; Curb. o~ue, NY (Ru~lph H, Brier, ~.) for a V~a~ to ~ning ~dinan~, A~. I!!, ~. 1~-31 f~ ~rmission to chanfe divb~n line belwe~ ~ts ~ and 2% to run senerally n~h and ~uth nth~ than ~nl easl and w~sl at ~5 B~dwalers Road choa/k/a I ~ Wunn~etn R~dJ, ne, NY; Nasnu ~s Sub: Map I~, ~; Ci~nly Tax Map ~l~:ll*q, J ~j Patricia Wood, being duly sworn, says that she is the the ~: Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, Appe~s at the .~,mb0ki TOWn Hall, Main Road, ~ .'j a public newspaper printed at Southold, in, Suffolk County; NY on They, Me,cb. a, J and that the notice of which the annexed is a printed copy, Ig~l: 7'..t0 p.m~, Ami~ d kas been published in said Long Island Traveler-Watch- ~nandMm ~ . man once each week for ........... l ........................... weeks ~ ~;~ ~_~L~'} successively, commencing on the ........ J..?. ..................... .I~A,.,O :~ phi : ,./ ~ ~ot ~...:.....~ ............... [ Y...~ ~ ~~- [ ~' '~ ! ......................... ;-~'""="'"~-. ~utholt N.Y.; ~ ~P* _ ~ ~m~*~ Sworn to before ~e t~is ........... ,~ .................. doy of Southold Town Board of Appeals MAIN ROAD- -CITATE ROAD 25 ~OUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS. JR., CHAIRMAN SERGE DOYEN, JR. T£~RY T UT', ',',',- L ROBERT J. DOUGLASS GERARO P. GOEHRINGER Joseph H. Sawicki Pursuant to TYPE II ACTION DESIGNATION NOTICE OF NO SIGNIFICANT EFFECT UPON THE ENVIRONMENT Section 617.13 of the New York State Environmental Quality Review Act (SEQRA), Article 8 of the Environmental Conser- vation Law, and Section 44-4 of the Southold Town Code, the South- old Town Board of Appeals has determined the following-described project is classified as a Type II Action, not having significant adverse effects upon the environment. Pursuant to Section 617.5(a) of the New York State Environmental Quality Review Act, no further determination or procedure is required herein. This declaration should not be considered a determination made for any other depart- ment or agency which may also be involved or any other project not covered by the within application. Applicant has submitted an environmental assessment in the short form which indicates that no adverse effects were likely to occur to the environment. The property in question in not located within 300' of tidal wetlands area. Ap..plicant's Name: John and Mary Pietrodangelo. Appeal No. 2782 Description of Project: To operate a retail flower shop on first floor of existing building in A-Residential Zone at 52340 Main Road, Southold, NY. Date and Place of Public Hearing: Thursday, 3/5/81 7:30 at the Southold Town Hall, Main Road, Southold, New York. Documents on File: Appeal Application, Notice to adjoining prop- erty owners with mail receipts, Surveys or Sketches of the proposed project, Notice of Disapproval from the Building Inspector, Notice of Hearing, Environmental Assessment in the short form, photocopy of the County Tax Map showing this property and the surrounding area, and other documents as may be required. Person to Contact for Additional Information: Linda Kowalski, Secretary to the Board of Appeals, Town Hall, Main Road, Southold, New York 11971. Telephone (516) 765-1809, or 1802 (Building Inspector). Dated: February 12, 1981. Copies to: Applicant or his agent. Town Clerk's Bulletin Board. Supervisor, Town of Southold. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L,I,, N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS, .JR., CHAIRMAN SERGE DOYEN, JR. T,~,..~ '.'~ TUT'"... LL ROBERT J. DOUGLASS GERARD P. GOEHRINGER doseph H. Sa~ick~ January 26, 1981 Mr. Henry E. Raynor, Jr., Chairman Southold Town Planning Board Town Hall Southold, NY 11971 Re: Appeal No. 2782 Application of John and Mary Pietrodangelo Property in Question: 52340 Main Road, Southold, NY Dear Mr. Raynor: At a regular meeting of this Board held January 22, 1981 it was the consensus of the members that the above-entitled matter be referred to the Planning Board inasmuch as parking is required for the use of the premises proposed by the appli- cants. Simultaneously herewith a letter is being forwarded to the applicants in order that they may submit the proposed parking plan to you for review. Yours very truly, CHARLES GRIGONIS, JR. CHAIRMAN CG:lk APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. T-ERR-Y--T-U-T-H~ L ROBERT J. DOUGLASS GERARD P. GOEHRINGER doseph H. Sa~ck~ Southold Town Board of Appeals MAIN ROAD- STATE ROAD 2.5 SOUTHOLD, L.I., N.Y. llg?l TELEPHONE (516) 765-1809 January 26, 1981 Rudolph H. Bruer, Esq. Edson and Bruer Main Road Southold, NY 11971 Re: Appeal No. 2782 Application of John and Mary Pietrodangelo Dear Mr. Bruer: At a regular meeting of the Board of Appeals held Thursday, January 22, 1981, it was their consensus that this matter will require off-the-street parking and therefore a proposed parking plan should be submitted to the Planning Board for their review and approval, prior to scheduling this matter for public hearing. If you have any questions, please do not hesitate tO call. Yours very truly, JR. CHARLES GRIGONIS, CHAIRMAN CG:lk K JUDITH T. TERRY · TOWN CLERK I~EGISTRAR OF VITAL STATiSTiCS TELEPHONE (516) 765-1801 Southold, L. I., N. Y. 11971 January 21, 1981 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal No. 2782 application of John & Mary Pietrodangelo for a variance. Also included are notification to adjoining property owners as follows: I.P. Terry, 8outhold, N.Y. 11971; John Charnews, Southold, N.Y. 11971; Southold Union Free District, Oaklawn Avenue, Southold, ~~ie~rry~ JTT/bn Enclosures BOUTHOLD, NEW YORK 1197! January 15, 1981 Town of Southold Building Department Town Clerk's Office Southold, New York 11971 Attention: Mr. George Fisher Building Inspector John & Mary Pietrodangelo Premises: S/s Main Road Southold, N.Y. Tax Map: 1000 - 063.00 - 06.00 - 009.000 Dear Mr. Fisher: We are the attorneys for Mr. and Mrs. John Pietrodangelo. It is their wi~h to convert the lower floor of the above two family dwelling from its present one-family use to business use, in order to accommodate their florist shop. Please advise us on this matter. Sincerely, Rudolph H. Bruer RHB/df P.S. Photocopy of survey enclosed. FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL .... .~...~ ...... 5~.s..~ ...... .~:m~....~... .......... ~,.~,.....~.~L~....~.~?/ ~.~ ~ '~ ~/ f~r ~er~it to ~ ........................................~t th~ ~r~i~e~ loc~te~ ~t .................................... Mop .................................... Block ............................................ Lot ................................................ is returned herewith and disapproved on the followlng grounds ~..~e~-~ ~'Z? ~'~'~f~/ .~...~,~..~.~..~i ....... ~.....~.~.~:.,L..~...~..~.~.~....~.....~ ........... ~.~f~.r.~:,,...~....~...?~..~.:~.;:..¢..~., ...... .~...~,.~.~.... ~.~. ~,..~......~ ............................... :,'f StlOR1- EHVIROHN{ENTA[ ASSESSlJENT FORI~ · "F ~'I NST~,UCT IONS: ' .'.f --' ~) Z~ order to ons¥~er the questions in this short EAF i% is assumed that the preparer ~vill use. currently available information concerning %he project and the likely impacts of the action. I% is not expected %hat additional studies, research or other investigations ~.;ill be under%aken. (b) If any ques%ion has been answered Yes the pro)ect may be significant and a completed Environmental Assessment Form is necessary. If all questions have been answered No it is likely %hat %his Yes × No Yes× No Y~s × N~ Yes Yes, X Yes X No Yes X No 2. ['l&ll there be a ma~or change ¢o any -unusual land fo~m found on %he si[&? ......... 3. ~'till projec~ alter or hove a large' effect on ' 4.. %'1ill prooect hove a potentially ........... '. 5. ~'t~ pro'~ec¢ szgnz~zcant~y adjacent sites? ' f~ow on · 6. W~L~ p~o~ec¢ affect any threatened or endangered pZan~ or ~n~ma} ~pec~es? .......... 7. ~'IL}} p~ojec¢ ~esu}¢ zn o ma~oz adverse e~e~¢ ' o. ........... .... ., 8. ~'t~L p~oject have o majo~ u characte~ of the communLty o~ scenic v~ews o~ v&stos kno~vn to:be ~mpor¢on¢ ¢o the community?. Yesx'No D. ~'I~} pro~ec¢ adversely ~pac¢ any s~¢e o~ .' structure of h~s¢ortc, prehLstorLc o~ pa~eon¢o}og~ca} ~mpor~ance o~ any dasLgnated os a c~L¢~co} environmental azea by a }oaa~ agency? .............. Yes X No }0. ~'tL~ project have a major eFfec~ on existLng o~ future recreotLona} oppo~tunL~Les?. ......... Yes X No }}. W~}~ pro~ect ~esu}t Ln.~o~or traffic problems o~ cause a ma~or e~fec¢ ¢o ex~stLng ~onsportat$on systems? ....................... . Yes ~ ~2. W&}~ pro~ec¢ .~egu~ar}y cause objectLonab}e odo~s~ noLse, g}a~e, v~bra¢~on~ o~ e}ectrLco~ . dLsturbance as a resu}¢ of the p~oject's operation9 ' Yes ~ No }3. ~?&}} project have any ~poc¢ on public health Yes x No or safety? .................................... ~4. W&~L p~ojec¢ o~Fec¢ the ex~s¢~ng communLty by d~rec~}y causing o groYr~h ~n permanent popu}otLon of more than b pe~ceg¢ ove~ a one year pe~od p~ have o major negative effect on the character of the communLty o~ neLghborhood? .................................. Yes X No }5. ]s ~here pub~Lc controversy conce~nLng the ' p~ojec~ ................................. ~esX No REPRESENT]NG~ohn & ~ PletrJda~olo DATE~ January~ ,, 1981 (c) project is no~ significant. (d) Environmental Assessmen~ ~. ?I±$L pro~ec¢ ~esu~¢"in o large physica~ change %o the projec~ sLte or phys£ca~ly alte~ more %hah 10 acres of land? ................. January o~0 , 1981 (Today's Date) To: Re: $outhold Town Board of Appeals Main.Road Southold, NY 11971 Appeal Application of JOHN and MARY PIETRODAigGELO Location of Property: 52340 Main 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 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. [ x] 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.] ~e~y yQurs, Attorney for Appellant Today' s Date: Members Absent, if any: Appeal No. Agenda Item/Matter of: Type of Variance or Appeal: Resolution made by: Seconded by: GCharles r~9onls ( ) er e ~Jo~n Robert ~ Gerard Joseph. Dougrass ~oenr~nger 5awlcK1 ( ) ( ) (~" ( ) Action: ( ) Approve as applied for ( ) Deny as applied for ( ~ Deny Deny without prejudice Withdrawn without Prejudice Approve with the following conditions: ) Subject to County Plannin.q referral ) Subject to Plannin9 Board approval ) Subject to D.E.C. requlations ( ) Other: Findings of the Board are as follows: (SEE REVERSE SIDE) Not Within the Character of th~/~i~hborhood ~/)/Variance is Substantial in Relation to Code If so~ %. Hardship not ~i~trt-.o~/.~f~o~v~ Hardship or-Difficx!ty Not Unique Will set a precedent in the neighborhood Area is already very congested Interests of justice served by denyin9 Matter for Town Board consideration ( ( Other: in a change of zone.. / Vote of the Board: Ayes: ( ~ CG (/SD (~/RD Nay: ( ) ( ) ( ) Abstain: ( ) ( ) ( ) Absent: ( ) . ( ) ( ) Granting the Relief Requested is within spirit of the zoning code Relief is not substantial Burden of hardship or difficulty shown and is unique Variance will not change character of the neighborhood Interests of Justice served by granting 0/J/GG (~J//JS () () () () () () Notes: (SEE REVERSE SIDE) The Board finds and determines as follows: The premises consists of a parcel of land having frontage on the south side of Route 25 of 65 feet and depth of approximately 200 feet. The premises are improved with a 2-% story wood frame structure, private garage in the rear, and tool shed. The premises have been prior to zoning occupied for two-family use and accordingly has a nonconforming use status. The Board also finds that the properties located in the neighborhood on both sides of the highway are of a character similar to the instant parcel and accordingly the appellants' circumstances are similar to the circumstances existing generally in the neighborhood. It is the opinion of the Board the appellants' plight should be addressed to the Town Board with a view possibly of rezoning the area abutting Route 25 to a business area. It is the opinion of this Board that although applicants have indicated that ~e~cannot obtain a fair return of the investment, that this situation generally exists with all neighboring properties. Accordingly, the appeal is denied. HENRY E. RAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. William F. Mullen, Jr. TO D S Southold, N.Y. 11971 May 1, 1981 TELEPHONE 765 - 1938 Mr. Charles Grigonis, Chairman Zoning Board of Appeals Town Hall Southold, New York 11971 Dear Mr. Grigonis: The following action was taken by the Southold Town Planning Board at a regular meeting held April 27, 1981. RESOLVED that the Southold Town Planning Board has reviewed the proposed parking plan of John and Mary Pietrodangelo for property located at 52340 Main Road, Southold, which is proposed to be changed to a florist and upstairs apartment and directs that 2400 square feet of the property be devoted to parking area. Yours truly, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Muriel Tolman, Secretary Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRr~AN SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGER Joseph H. Sawicki April 21, 1981 Mr. Henry E. Raynor, Jr., Chairman Southold Town Planning Board Town Hall Southold, NY 11971 Re: Appeal No. 2782 Application of John and Mary Pietrodangelo Property in Question: 52340 Main Road, Southold, NY Dear Mr. Raynor: Continuing on our letter of January 26, 1981 and in reply to your correspondence dated February 11, 1981, please be advised that the square footage of the sales area regarding this project is 800 square feet. It is requested that you review the proposed parking plan submitted by Mr. Bruer to your office and refer your comments to this board as soon as possible. Yours very truly, CHAIRMAN CG:lk Southold Town Board of Appeals MAIN ROAD-STATE ROAD 25 $OUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CRAtRMAN SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGER Joseph H. Sa~icY~ MINUTES REGULAR MEETING MARCH 12, 1981 A Regular Meeting of the Southold Town Board of Appeals was held on Thursday, March 12, 1981 at 7:30 o'clock p.m. at the Southold Town Hall, Main Road, Southold, New York 11971. Present were: Charles Grigonis, Douglass; Joseph H. Sawicki; Gerard P. to illness was: Serge Doyen, Jr. Jr., Chairman; Robert J. Goehringer. Absent due It is hereby noted for the record that all the matters scheduled and advertised previously for the March 5, 1981 Regular Meeting were recessed until this evening, same times. The Chairman opened the meeting at 7:30 o'clock p.m. RECESSED HEARING: Appeal No. 2782. Application of John and Mary Pietrodangelo, 52340 Main Road, Southold, NY (Rudolph H. Bruer, Esq.) for a Variance to the Zoning Ordinance, Art. III, Sec. 100-30(A), (C) for permission to operate a retail flower shop on first floor of existing building in an A-Residential District. Location of Property: 52340 Main Road (S.R. 25), Southold, NY; bounded north by S.R. 25; west by Charnews; south by Southold School District No. 5; east by Terry; County Tax Map Item No. 1000-63-6-9. The Chairman opened the hearing at 7:34 p.m. by reading the appeal application and related documents, legal notice of hearing and affidavits attesting to its publication in both 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. Southold Town Board of Appeals -2- March 12, 1981 MR. CHAIRMAN: We have a survey of the premises and we have a section of the Tax Map showing this area and the surrounding area in the neighborhood. Is there anyone here that would like to speak for and add to anything that has been in the application? RUDOLPH BRUER, ESQ.: Yes, Rudolph Bruer, on behalf of the applicant. I would just like to add a couple of things to the-- MR. CHAIRMAN: Excuse me. Can you people hear him back there? Use the mikes because we're trying to get everything on tape these days, so. I hate to make you walk that far back-- MR. BRUER: Basically just a couple of words to add in addition to the reasons as set forth in the application. The business that we have we're basically asking is that we be able to move the florist shop which is located directly next door to this building up the street approximately 900 feet. The building there is owned by the applicant at this time, and he would like to use the downstairs floor as a floral shop for products not grown on the premises. The charac- ter of the neighborhood is not going to change. There will not be any display outside except possibly for a sign indicating that it is a floral shop there, and the business that is connected with this situation is a very quite business. The majority, I would say 80% of the business is conducted by way of telephone orders and it's not going to change the character of the neighborhood. We're really just moving an existing situation 900 feet west and across the street. I don't know if the Board has any questions of me. I would be happy to answer anybody that is opposed to it. MR. CHAIRMAN: Well, add for this application? 1981: is there anybody else that would like to I have a letter here that's dated March 2, ...Gentlemen... The Trustees of the Southold Free Library, owners of the property adjacent to the property of John and Mary Pietrodangelo on Route 25 in Southold, wish to go on record opposing the relief sought in the petition of John and Mary Pietrodangelo, because the relief sought, would in effect result in spot zoning and is an attempt to change an A-residential district to B-business. Very truly yours, /s/ Betsy Widirstky, Secretary Board of Trustees... Is there anyone wishing to speak against this application? ROBERT HARRINGTON: Yes, I would like to. I'm Robert Harrington. I live directly across'the street-- 'Southold Town Board~of Appeals -3- ~arch 12, 1981 MR. CHAIRMAN: Could you speak into the microphone, sir? MR. HARRINGTON: Oh, certainly. I'm Robert Harrington. I live directly across the street. I don't want to look across the street at any kind of a sign or business. I moved into that neighborhood because it wasn't business-- I wouldn't have moved into it if it was. I have.to look directly across the street at this, and I want my block to stay residential, and I was told when I first bought the place that some day it may become business. And I thought I wasn't interested because I wanted to live there, and I want to enjoy it as a residential neighborhood. I also don't need any more traffic in the area. I don't see where eight cars can park over there, but even if they can and I realize a good deal of his business will be on the phone, I just don't want any more. We have plenty with the church, more than we can contend with now. I just want it to go on record as saying that. MR. CHAIRMAN: Thank you. Anyone else? I have a note from the Planning Board to the Zoning Board of Appeals Chairman .... ... The Planning Board reviewed the application of John and Mary Pietrodangelo at a regular meeting held February 11, 1981. Because the property is in a residential zone, the Planning Board feels that until such time as a variance is granted by your board and the square footage of the sales area computed, it is impossible to determine if the parking is adequate. Yours truly, Henry E. Raynor, Jr., Chairman Southold Town Planning Board .... MR. BRUER: May I say a couple of words? MR. CHAIRMAN: Yes, sure. MR. BRUER: In connection with the letter, I would like to peint out to the Board that what we have there is not strictly a one-family residential situation. We have a nonconforming use there allowing us to have a multiple two-family dwelling, which it presently is used for. We would be willing to have the Board stipulate that the use used in connection with this in response to the argument that we try to change the zoning here to a business use, true, we want to use the downstairs as a flower shop but we would be willing to accept a restriction that any use of this building be only on the downstairs be only as a flower shop rather than any other type of building. Of course we would like to state that if it was ever discontinued as a flower shop that it could then go back to being a two-family dwelling. But we're only looking for our own particular use as a flower shop. We're looking at it from a point of view that the store that we have now is completely inadequate. You have a situation here where you have the Town Hall, you ~outhold Town Boar~ Appeals -4- 12, 1981 (Mr. Bruer continued:) have various times of the month when court is in session here and it is absolutely impossible to use a business and to be able to park here, to be able to supply the shop, to be able to deliver orders. You're talking about walking and carrying things 200 and something feet. We're only talking about moving an existing situation in the heart of the town, in the heart of the hamlet here 900 feet. With respect to the gentleman that lives across the street, it might be noted that he also runs a business legitimately so from, I believe, his premises there. I believe he does sell stuff, I believe that is grown on his premises. We're not changing the character of the neighborhood. Not far down the street across the street is a law office.. There's a doctor also practicing also out of his present residence. All of them legitimate. But we're not really expanding the nature of the use here with what we're trying to do. We own it. It is a hardship. We have a multiple use at this particular point, and we just would like to use it as a flower shop. It's not going to change anything. The type of shop - it's an FTD shop. IL must be kept neat. It is neat. I think all of you have gonefby the place next door and I'm sure you've come very often, you know that everything is kept in a very orderly fashion, and we're willing to accept of course restrictions with respect to this use. Again the parking is adequate. The business is primarily a mail-order or a telephone order business. I have here receipts of the business showing the mail orders if you would like to look at it, to show basically how the business is conducted. The exceptions of course are your Mother's Day, the funerals and stuff like that. But basically it's a telephone business. Thank you. MR. CHAIRMAN: Thank you, Mr. Bruer. Anyone else have any-- HENRY LYTLE: Henry Lytle speaking in behalf of the Southold- Peconic Civic Association. Why we have not taken any formal action on this particular application, we want it to go on record as being our standard of procedure to oppose any spot-zoning or downzoning of any property at all. Thank you. MR. CHAIRMAN: Rudy or John, do you know about how many square feet you're going to be using in there? MR. PIETRODANGELO: About 800. SECRETARY: That's for the sales area? MR. CHAIRMAN: Yes, that's for the sales area. MR. PIETRODANGELO: The front three rooms. The other two are storage and the cellar. MEMBER GOEHRINGER: Will there be any extension into the garage area or anything? MR. PIETRODANGELO: No, no. Nothing is going to get changed. The only addition that would go onto the house would have to be the sign which I am required to have by FTD, unless I identify it as a floral shop then the FTD emblem must be on the'sign. MR. CHAIRMAN: Joe, did you have anything? Mr. Douglass, have you got anything? MEMBER DOUGLASS: I would like to ask him some questions. Have you worked up a financial statement on the situation as to the value whether it can maintain itself in its present state and how much the difference in value would mean between its present state and what you desire to change it to? MR. PIETRODANGELO: Are you saying will my house increase in value? MEMBER DOUGLASS: Well, you need to put together a/financial value on all the stuff. The amount you paid for it, the amount-- MR. PIETRODANGELO: I can tell you this. The shop, my present location, I cannot handle the volume of business that is coming in over the phones right now. As such I am just about breaking even and it's covering expenses. Obviously if I go into my own house I'm my own landlord, and the $2,200 that it's costing me to heat this house as a two-family residence of course will be off-set because the business can support it. I cannot very well keep the two-family house as a two-family house per say between taxes and my heating bills. The house is operating at a loss. I'm at a point where I've taken a house in Southold, I've restored it completely on the inside. The outside is beginning to deteriorate and any additional work that I do on it is not being supported by the house. It's coming out of this pocket, and it just can't be handled. MEMBER DOUGLASS: This you need in a balance statement showing the original purchase, what the house is maintaining now, what it -- how it will change it financially to go into it with what you want and what the valuation of the place would then be. MR. BRUER: In other words you would like us to present to the Board an annual statement. MEMBER DOUGLASS: Here's what you got to prove. of items for financial hardship) (Showed copy MR. CHAIRMAN: Some of this information we just got this past week. 'So~thold Town Boardef Appeals -6- ~rch 12, 1981 MR. BRUER: May we have a copy of this, Mr. Douglass? I'm sure we can provide the Board with it but I don't believe it's a necessary requirement of this Board in its consideration. MEMBER DOUGLASS: I imagine you can get one from our secretary. SECRETARY: Yes. MR. CHAIRMAN: If there are no further questions from anyone, I'll offer a resolution closing the hearing. MEMBER GOEHRINGER: Seconded. On motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, that the hearing be declared closed, Appeal No. 2782. Vote of the Board: Ayes: Messrs. Grigonis,'Douglass, Goeh- ringer and Sawicki. Absent was: Mr. Doyen (illness). PUBLIC HEARING: Appeal No. FA-5. Application of Goldsmith Building and Construction Inc. (for George Sweeney), Southold, NY, for a Variance to the Flood Damage Prevention Law, Sections 46-5 and 46-7 for permission to construct substantially an addition and altera- tions to existing dwelling, known as 150 Mason Drive, Cutchogue, NY; bounded north and west by Mason Drive; south by Broadwater Cove; east by Wong and others; County Tax Map Item No. 1000-104-7-11. The Chairman opened the hearing at 7:56 p.m. by reading the appeal application and related documents, legal notice of hearing and affidavits attesting to its publication in both 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 Van Tuyl survey and a section of the County Tax Map showing this property and the surrounding properties. Is there anyone here that wishes to add anything to the application? MR. ALFRED H. GOLDSMITH: I can't add much to what is already written down there. I became aware today and received this letter that you have some question about the survey part of that. MR. CHAIRMAN: Right. Maybe I should read this so the people would know. This is the letter we sent to Mr. Alfred Goldsmith, President of Goldsmith Building and Construction Incorporated, Southold, NY, in regards to Appeal No. FA-5, Variance Application for George Sweeney: ~-2974 {-2920) P2943) CTIC # -S-01666 Starsda~d N.Y.B.T.U. Form $07d~l~So74-20M-Bargain and SaLe Deed. w,,h Covenan~ agamglimr's Ac~s-lndividu~ U C~T YOUR ~l~O~ SIGNal THIS INSTRUM~--THIS INSTRUM~ SH~D Ii ~ BY ~ ~Y. ~ ~D~ ~de ~e /~a~ of June . mnet--, hu~r~ ~d Seventy- six, ~ ~0~ C~CICH and ANTOINETTE C~CICH, his wife, both residing at Peck Place and Wells Avenue, Southold, New York 11971, party of the first part, and JOHlq PIETRODANGELO and MARY PIEI~RODANGELO, both residing at (no m~nber) Main Road, Southold, New York his wife, 11971, party of the second part, wrrN~, that the party of the first part, in consideration of ........... ....... TEN ($1o.oo) .......... dollars, lawful money of the United States, and other good and valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, AI,L that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying andbeing~bX~ at Southold, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at the intersection of the southerly side of Main Road (Route 25) with the easterly side of land of John Charnews; RUNNING thence North 56 degrees 00 minutes East 65 feet to land now or formerly of Israel P. Terry; THENCE along said land of Israel P. Terry, South 34 degrees 55 minutes 40 seconds East, 201.82 feet to the northerly side of land of Union Free School District No. 5 of the Town of Southold; THENCE along said last mentioned land, South 55 degrees 41 minutes 20 seconds West 61 feet; and THENCE along degrees 03 minutes of Beginning. land now or formerly of John Charnews, North 36 30 seconds West 202.25 feet to the point or place BEING AND INT~IqDED TO BE the same premises described in Liber 6458 of deeds at page 443. ~ ~' n q ~ ~ r' n i,I~STI~R ~ ALBEP. t .SC:~ LEGAL NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 287 of the Town Law and the Provisions of the Amended Cede of the Town of Southold, the following matters will be held for public hearings by the Seatbeld Town Beard of Ap- peals at the Southold Town Hall, Main Read, Seathold, N.Y., on Thursday, March 5, 1981: 7:30 o.m. Aoolication of John and Mary Pietrodangelo NY (RUdolph H:'Bruer. EM i for a Variance to the Zonihg t,o operate a retail flower shoo on tlrSt [loot of existing build- ing in an A-Residential Dis- ~rlc~. ~,ocatlon o! l~rom~rtY; 52340 Main Read (S.R. 25), County Tax Map Item No. 7:4s p.m. Application of Richard A: and Janet J. Schlumpf, 32 Curtis Path, East Northport, NY (Wickham, Wickham & Bressler, P.C. as the Zoning Ordinance, Art. III, Sec. 100-31 for approval of theJ reduction of the area and width of a parcel of land to provide additional access to a second parcel of land, located at the east side of Indian Neck Lane, Peconic, NY; bounded north by James, Mealy, Cap- obianco, Sbeily, Lueckoff; west by Indian Neck Lane; south by Peconic Bay Gar- Creek; County Tax Map Item No. 1000-86-5-7 and 8. 7:55 p.m. Application of Thomas J. DeBorger, 93 Broadwaters Road, Cut- chogue, NY (Rudolph H. Bruer, Esq.) for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for permission to/' change division line between Lots 295 and 296 to run gener- ally north and south rather than present east and west at 945 Broadwaters Read (a/k/a 100 Wunneweta Read), Cut- chogue; NY; Nassau Point Properties Sub. Map 156, Lots 295 and 296; County Tax Map Item No. 1000~104-11-9. 8:05 p.m. Application of Frederick Cowan and Compa- ny, Inc., 120 Terminal Avenue, Plainview, NY 11803 (Richard J. Cron, Esq.) for a Variance to the Zoning Ordinance, Art. gf~; ~ec. 100-70A, B, for per- mmmon to conduct an indus- trial-type business (equipment designing and fabricating) in/ a B-1 Business District. Loca- tion of l~roperty: northwest Es~ ) [or a Ge, ,Ir., ,,~in~l Ordl- :e to the~t~"~h~.31 for Art. III, .~n~¢~:~t area ..... ! two proposed each w~th a IS ~ 1470 and 1~ mown uo hold, N~; oad, seat rt ~orth~t by awest by ~-~tl t; north- :35 ~ Motel Inc. ~' ately oWn~ u~ :s. (preY- ' -' ed2 i/B1). OA~ O] APP 1TF19-~ '"~,ch JO. 19~/ TOWN OF $OUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEA' NO. DATE .,~./...o.~..J..~...N...~ ~ 1981 TO THE ZONING'BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. n^,e~JO~ & .MARY ~TETRODAIqGELO ^f 52340 Main Road Name of Appellant Street and Number Southold .... ~...~......, ......... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO (x) (x) Name of Applicant for permit of ' ...................................................... Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY ( ) 1. LOCATION OF THE PROPERTY :.5...2..3...4..~.~..M...a:..i...n.....~.?..a.~.:.~..S..9..~...1~:.~...~..]:.c]..t~..~.~X~......~.~.~.~ntia1 Street Use District on Zoning Map oo .ooo Map No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article III, Section 100-30, Subsection A. Paragraphs 1 & 2 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 3~j~) (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 forthe reasonthat appellant will be unable to have a flower shop on the first floor of premises owned by them on the sOuth side of Main Road, Southold, N.Y., with an apartment upstairs. Form zB! (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- ,, sory HARDSHI~ because there is no other location available for appellant to move their florist shop on Main Road, Southold, N.Y. The parking facilities at his presentestablishment are inadequate, whereas at the proposed new location there will be eight (8) parking spaces, which is more than adequate, as 80% of their business is conducted over the telephone. . . 2. The hardshipcreatedis UNIQUEondisnotshared by all properties alike in the immediate vicinity ofthis property and in this use districtbecause appellant's business requires the full use.of.first floor 9f these premises for a proper floral shop, whereas other properties (to wit: premises directly across the street) are conducting businesses which are seasonal in nature, selling products primarily grown on the premises unlike appellant. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because appellant would be moving their business from the north side of the street to the south side of the street approximately 30 yards west of the existing store, which would help ease traffic conjestion. Further, with the premises occupied as a residence upstairs, the building would continue to keep its residential use. STATE OF NEW YORK ) ) COUNTY OF SUFFOLK ) SS c~2~-JD ..... 11981 ~ Sworn to this doy of January BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of'the Petiti~rf 6f '- ~. JOHN & MARY PIETRODANGELO to the Board of Appeals of the Town of Southold : TO: 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) {:~t~X,2~Z~;l~i~i~;l~F;W~c~:[I,~c~&~:t~b~: 2. That the property which is the subiect of the Pet~ion~ .is I.o,cate~d. adjacent to your property i~nd is des- crihed as follows: See attached photocolDy of ~_ ....... :u=ty Tax .~:a~ ~/~/~/. / 3. That the property which is the subject of such Petition is located in the following zoning district: A - Residential 4. TbatbysuchPetition, theundersigned willrequestthefollowingrelief:~ermiss£og to relocate established florist sho~ from the north side of Main Road, Southold, to the first floor of the subject premises. $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are: Article III¢ Section 100-30, Subsection A, Paragral~hs 1 & 2 6. That within five days from the date hereof, a written Petition requesting the relief specified above will he 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. 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: January ~O , 1981 . Brier, attorney 11971 NAME I.P. Terry John Charnews Southold Union Free School District PROOF OF MAILING OF NOTICF ADDRESS Southold, New York 11971 Southold, New York 11971 Oaklawn Avenue Southold, New York 11971 STATE OF NEW YORK ) COUNTY OFSUFFOLK) SS.: Mary Diana Foster ,residing at (No ~) McCann Lane, GreenLoort, New York 11944 , being duly sworn, deposes and says that on the ~./~ay of January, ,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 sh6wn on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at $outhold, New York ; that said Notices were mailed to each of said persons by (certified) 0tefii:sxemdt) mail. Sworn to before me this c~/ day of January 19 81. Notary Public ELIZABETH ANN NEVILLE NOTARY PUBLIC, State of New York No. $2-8125850, Suffolk Cou,~nt~ Term Exwres March 30. Mary ~Diana Foster ST. PATRtCKS CHURCH 4. S FOR mARCEL NO $£E SEC. N£ 069 03-006 6 8.4A[C] c) 6?9 4 2.8A(C) S 8 I0'9 FOR °ARCEL NO. SEE SEC. NO, 069 03-0~0 CHRISTIAN SCIENCE SOCIETY 2 FOR PARCEt~ NO, ,,~,~EE SEC. NO 070-02-02*5¢ _ SOUTHOLD SCHOOL DISTRICT NO5 JOCKEY 1.2 A(C) 1.2A(c) .2 A(c} I.I A(C) CREEK