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HomeMy WebLinkAbout3792 �oc03vFFDC���G Southold Town Board of Appeals �- MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765.1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,-JR. SERGE DOYEN, JR. JOSEPH H.SAWICKI ACTION OF THE BOARD OF APPEALS JAMES DINIZIO, JR. Appeal No. 3792: At a Meeting of the Zoning Board of Appeals held on December 16, 1988, the above appeal was considered, and the Action indicated below was taken on your Request for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2A: Upon application of NICK THEOPHILOS for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2A for permission to locate swimmingpool with fence enclosure with an insufficient setback from average line of bluff along the Long Island Sound. Location of Property: 450 The Strand, East Marion, NY; Pebble Beach Farms, Inc. Subdivision Lot #135; County Tax Map District 1000, Section 21, Block 5, Lot 5. WHEREAS, a public hearing was held and concluded on December 8, 1988 in the Matter of the Application of VINCENT GEROSA under Appeal No. 3792; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The property in question is identified on the Suffolk County Tax Maps as District 1000, Section 21, Block 5, Lot 5, and is known and referred to as Subdivision Lot No. 135, Subdivision Map of Pebble Beach Farms, filed in the Suffolk County Clerk's Office as Map Number 6266. 2. The subject premises is improved with a single-family dwelling as more particularly shown on the survey map prepared by Roderick VanTuyl, P.C. , amended July .22, 1988. Page 2 - Appl. No. „32 Matter of NICK THEOPHILOS Decision Rendered December 16, 1988 3. By this application, appellant proposes to construct an inground swimmingpool of a size 18' by 36' and four-foot high fence enclosure, leaving an insufficient setback at its closest point to the top of the bank (or bluff) at not less than 60 feet {and 65 feet for the outer edge of pool construction) . . 4. Article XI, Section -100-119.2, subparagraph A(1) requires all buildings and structures proposed on lots adjacent to the Long Island Sound to be set back not less than one-hundred (100) feet from the top of the bluff, or bank. 5. The existing dwelling is shown to be set back at 100 feet from the average top of bluff line; the width of the parcel is nonconforming at 75 feet and has an upland area of approximately 17,000 sq. ft. (exclusive of the land area below and along the bluff) . 6. In considering this appeal, the Board finds and determines: (a) the activities required for the placement of this construction are to be built without disturbance to the vegetation of the bluff or be adverse to the character of the immediate area; (b) the percentage of relief in relation to the requirement is substantial; however, there is no other alternative for appellants to pursue other than a variance; (c) the practical difficulties are related to the land with the established nonconformities, and are not personal in nature; (d) the grant of this variance will not in turn be adverse to the safety, health, welfare, comfort, convenience, or order of the town; (e) in considering all the above factors, the interests of justice will be served by granting the application, as conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to GRANT a Variance from Article XI, Section 100-119.2A of the Zoning Code for permission to locate inground swimmingpool with fence enclosure as applied in the Matter of . NICK THEOPHILOS under Appeal No. 3792, SUBJECT TO THE FOLLOWING CONDITIONS: 1. There be no disturbance within 60 feet of the bluff (or bank) area {any and all grading, excavating, etc. shall be away from the bluff and directed toward the house/street yard area) ; 2. Pool and patio areas shall not be' physically attached to the principal structure and shall remain unroofed; 3 . Storm drains or leeching basins should be installed (away from the bluff and directed toward the front yard) ; Page 3 - Appeal No. - 792 Matter of NICK THEOPHILOS Decision Rendered December 16, 1988 4. Highest elevation of the pool construction shall be at grade level (and not built above the ground level) , as proposed; 5. No overhead lighting adverse to neighboring properties. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Sawicki and Dinizio. (Member Doyen of Fishers Island was absent due to serious family illness. ) This resolution was duly adopted. lk GERARD P. GOEHRINGER, CHAIRMAN *� "T .Southold Town Board of Appeals 3 ®8 'r, MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI NOTICE OF HEARINGS JAMES DINIZIO, JR. NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting at the Southold Town Hall, Main Road, Southold, NY 11971, on THURSDAY, DECEMBER 8, 1988 at the following times: 7: 30 p.m. Appl. No. 3803 - JAMES AND PHILOMENA MONICA. Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of deck with an insufficient rearyard setback. Location of Property: 545 Bay Haven Lane, Southold, NY; Terry Waters Map No. 2901, Lot 42; County Tax Map District 1000, Section 88, Block 4, Lot 31. 7: 35 p.m. Appl. No. 3792 - NICK THEOPHILOS. Variance to the Zoning Ordinance, Article XI, Section 100-119.2A for permission to locate swimmingpool with fence enclosure with an insufficient setback from average line of bluff along the Long Island Sound. Location of Property: 450 The Strand, East Marion, NY; Pebble Beach Farms, Inc. Subdivision Lot *135; County Tax Map District 1000, Section 21, Block 5, Lot 5. Page 2 - Notice of Hearings Regular Meeting - December 8, 1988 Southold Town Board of Appeals 7:37 p.m. Appl. No. 3791 - JAMES H. BERGERON. Variance to the Zoning Ordinance, Article III, Section 100-30A(1) and Article XI, Section 100-118, for permission to rebuild existing nonconforming single-family dwelling. Location of Property: 185 Riley Avenue, Mattituck, NY; County Tax Map District 1000, Section 143, Block 4, Lot 29. 7:40 p.m. Appl. No. 3795 - PETER AND DOROTHY MICCICHE. Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct detached garage in an area other than the required rearyard. Location of Property: 270 Private Road #12, Southold, NY; County Tax Map District 1000, Section 78, Block 6, Lot 4.1. 7:45 p.m. Appl. No. 3793 - JAMES AND STELLA MANOS. Variance to the Zoning Ordinance, Article XI, Section 100-119.2(C) for permission to rebuild deck structure with 30+- sq. ft. expansion, within 75 feet of the nearest freshwater wetlands near Great Pond. Location of Property: 2147 Lake Drive, Southold, NY; County Tax Map District 1000, Section 59, Page 3 - Notice of Hearings Regular Meeting - December 8, 1988 Southold Town Board of Appeals Block 5, Lot 2.2; also known as Lot #4 on the Minor Subdivision Map for Philip Druhl, P.B. File #22, endorsed March 24, 1970. 7:50 p.m. Appl. No. 3804 - ELLEN BLACK GUYTON. Variance to the Zoning Ordinance, Article III, Section 100-32, and Article XI, Section 100-118, for permission to rebuild nonconforming accessory (storage-garage) building in the frontyard area. Location of Property: 3331 Private Right-of-Way extending off the west (northwest) side of Grand Avenue, Mattituck, NY; County Tax Map District 1000, Section 107, Block 01, Lot 11. 7:55 p.m. Appl. No. 3794 - JERRY AND MARY GEORGES. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to construct addition(s) to existing dwelling with an insufficient setback from the top of bank along the Long Island Sound. Location of Property: 18565 Soundview Avenue, Southold, NY; County Tax Map District 1000, Section 51, Block O1, Lot 22. 1. Page 4 - Notice of Hearings Regular Meeting - December 8, 1988 Southold Town Board of Appeals 8:00 p.m. Appl. No. 3734 - KATHRYN FLEET. Variances to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient area, width and depth, of two proposed parcels in this pending division of land. Location of Property: North (Northwest) Side of Old Pasture Road, Cutchogue, NY; County Tax Map District 1000, Section 103 , Block 11, Lot 19.1. 8:05 p.m. Appl. No. 3780 - ARMANDO CAPPA. Variance to the Zoning Ordinance, Article III, Section 100-30C, for permission to erect ground sign, advertising off-premises business ( "Ciccilino," Fine Italian Dining) . Location of Property: South Side of Main Road and North Side of Old Main Road, Southold, NY; County Tax Map District 1000, Section 56, Block 6, Lot 11.1. 8:10 p.m. Appl. No. 3805 - PAUL AND MARGARET KAYSER. Variance to the Zoning Ordinance, Article XI, Section 100-119.2B for permission to construct deck addition with an insufficient setback from existing bulkhead. Location of Property: 1005 Mill Creek Drive, Southold, NY; County Tax Map District 1000, Section 135, Block 3, Lot 39. Page 5 - Notice of Hearings Regular Meeting - December 8, 1988 Southold Town Board of Appeals 8:15 p.m. VICTOR AND LINDA CATALANO: (a) Appl. No. 3800 - Variance to the Zoning Ordinance, Article III, Section 100-32, for permission to locate swimmingpool, accessory to the existing residence, in an area other than the required rearyard. Location of Property: West Side of Private Right-of-Way extending off the South Side of Great Peconic Bay Boulevard, Laurel, NY; County Tax Map District 1000, Section 128, Block 6, Lot 13 . 2. (b) Appl. No. 3799 - Variance to the Zoning Ordinance, Article III, Sections 100-30 and 100-31, for permission to construct principal building for use as a poolhouse/cabana, accessory to adjoining residence, with an insufficient rearyard setback. Location of Property: South Side of Great Peconic Bay Boulevard, Laurel, NY; County Tax Map District 1000, Section 128, Block 6, Lot 13.1. Page 6 - Notice of Hearings Regular Meeting - December 8, 1988 Southold Town Board of Appeals 8:20 p.m. Appl. No. 3796 - ALFRED FALKOWSKI. Special Exception to the Zoning Ordinance, Article IX, Section 100-90 for permission to construct office building with storage upon this 6+-acre parcel. Zone District: "C-1" General Industrial. Location of Property: 8595 Cox Lane and the Southwest Corner of Oregon Road, Cutchogue, NY; County Tax Map District 1000, Section 083 , Block 3 , Lot 4. 6. 8: 30 p.m. Appl. No. 3807 - MOHRING ENTERPRISES, INC. Variance to the Zoning Ordinance, Article XI, Section 100-119 and Article III , Section 100-31, Bulk Schedule, for permission to locate new dwelling with an insufficient rearyard setback on a lot which has frontage along three roads: North Bayview Road, Pine Neck Road, and Kimberly Lane, Southold, NY; Subdivision Lot No. 20, Map of Paradise By the Bay; County Tax Map District 1000, Section 70, Block 13, Lot 20. 20. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the time allotted. For more information, please call 765-1809. Dated: November 22, 1988. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN By Linda Kowalski ---------------------------------------------------------------x Please publish the above Legal Notice on or before December 1, 1988 and forward one Affidavit of Publication together with. your voucher on or before December 6, 1988. Thank you. ---------------------------------------------------------------x FORM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL Date . . . ./,7. e�4. . . . . . . . . . . . . .. 19 To V4e'44 . . . .7. . �4•� . . . . . . . .-�- . . . . . . .. . PLEASE TAKE NOTICE that your application dated . . . . • , , , , , , , , • • . ., 19 L%w�y�(G1. 4�/ •�l! .� .. . for permit to . . . . . . . . . . . . . . . . . . . . . . . . . . at. f�S . Location of Property �, , , , , , , `�L►� • • • . . • . . • • • House No. t�eet Hamlet County Tax Map No. 1000 Section . . . . . . . . . . . Block . . . .,37. . . . . . . Lot . . . .-.. , . • • . , Subdivision . . . . . . . . . . . . . . . . . Filed Map No. . . . . . . . . . . . . . . . Lot No. . . . . . . ... . . . . . . . . . . is returned herewith and disapproved on the following grounds .v�?z�- . . .Q.iflG-. , .: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i � Buildi Inspector RV 1/80 �D ;vrU �f TOWN OF SOUTHOLD, NEW YORK XUL'FRAYOT DECISION OF BUILDING INSPECTOR APPEAL NO. Southold Town Clark DATE TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1 (We) ..NICK .....of .. 8-7-.S RO.A1)1_AX..... ........ ............................. Name of Appellont Street and Number ................................NEW YORI�.:........................................ ......HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATIONFOR PERMIT NO. .................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO NICK `IHEOPHILOS ................................................................................. Name of Applicant for permit of 387 BROADWAY NEW YORK NY 1001 , ............ ..... .......................... :............................:. .....3................... ... d . ...... ySt Street and Number Munici ali State ( ) PERMIT TO USE ( , ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ........�-�..� ......r........ .......i� ................................. _ Street •/Hamlet / Use District on Zoning Map District 1000 Section Block Lot S 11 i,L �. Current Owner N�cic � �t�td e 1. '01? lvlap No. Lot No. prior Owner, 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 XI Section 100-119-2 X2 (10 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ( ) 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 (has) (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 andwas made in Appeal No. ................................Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( A Variance to the Zoning Ordinance is requested for the reason that Closer than 100 Feet Form zsi (Continue on other side) r P REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sory-HARDSHIP because THERE .IS NO OTHER LOCATION FOR IT AND MY WIFE 'S PHYSICIAN HAS ADVISED HER THAT IT, IS NECESSARY FOR HER HEALTH AND HER HEART C0NDITION 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 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because OTHER NEIGHBORS HAVE SWIMMING POOLS STATE OF NEW YORK ) ss ...... ... ... ..... .. ... .......... ............... ........ COUNTY OF ) Signature ,l�6k �y Swornto this .......... .r� .... ..... ... day of.......... �......................................... 19a° ....... ..� �a......................... . ... ................... �t�orNotary Pu tc A�yCEs !" of lsew fork �R State 15�4 pVAo. 24-463; ,niotarY iyo °U, r-OL\fy QuaO%ed m SAW York (� y}led in Ir / 19..�u� Gorti4lcate EXP�PaS Commission z 2 7 . e S TOWN OF SOUTHOLD PROPERTY RECORD CARD - OWNER STREET VILLAGE DIST. SUB. LOT Le /Ac f ;. / f7 � 7`Fd�� � S � �'�arid�? �1eUU�/� . .az• �at-irtsT,, c • U/ JJ, FORMER OWNER N. E pw ' / l y- S W TYPE OF BUILDING ' o edCi1 Qo�/ / G RES. .� SEAS. VL. '' FARM COMM. CB. MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS -j l �f ( (Jf l If a _- C� Tillable FRONTAGE ON WATER VVoodland FRONTAGE ON ROAD Meadowl.and DEPTH -louse Plot BULKHEAD Total Si 0 0 NONE ■■■■■■■■■■■■ Mir'. ■■ ■ OMEN ■■■■M■M■■■Ma MEMIUMMEN M EE M MIMMMM Mi ■■■■E■fflo M■I MMMMII NOON■ ■ NOON©!�l+J■■ �■■■■■1 . NOON■■■ n■ ,_�,•., *,���:; �,� , • • � :: -� ■■■■Ogin a Ew ■■1��3■ NOON ■■■■NON 0 MEli■ I M I�EO� IN No MAI ■I�li■I NME■ NUMMENOEM ■■■ ■:■■ME■■■l:MMUN■■■■■■■ .C■■■■■■■N■■■■■■■■■■■■... '" � ■ ■■■ N■■ONE■EN■NOMMEMMEN ■� ■■■■■■■■■■■■■ IN ■■■■■■■ ■ ■ MINEMEME MOMEE■MEMO■ MExt. Walls Interior Finish Basement Fire Place -. Type Roof Rooms Ist Floor Recreation •.. .. 1 Dormer J 0 s C�1 O s �`-•arc .. ., F _:r r, t 1 �: C r=:•;:;i " %!C;,: �00, Pei Of 3s- �.��� �1r OF NEW 1100 , NEWYp� U . ems, 'r8..� O W. DO/V a+, P 2 NO. 49263 T110- 11 �P qL1 Q SFO v��v �� �,�Q P�ti ` CA ND l .01 � �• ��• L-L. 7C l"• / T P. The water supply and sewage disposal 8. `�J/ 4E�Y�s� LOT 132 systems for this residence will conform to the standards of the Suffolk County. M ��► ��- a a / ' n �� AP Of Dept. of Health Servi Y ces, � 00 Ob � 'tflr "PEEBLE BEACH FARMS " SIM 1oh / rya «d 111 donack associates �1' 4 AT EAST MAR/ON U 313 west main street SUF-FOLK COUN- DEPART 5' aU .l h+3b4111, d3� c+ DEPARTMENT OF HEALTH SERVICES 9 TOWN OF SOUTHOLD FOR AFFRC'VAL CF CONSTRUCTION ONLY :.a.,.:,�j riverhead , new york 11901 . SUFFOL K CO. , N. Y. DATE H€s REF, No. 3 -`� (516)369-1717 (212) 746-3020 r FILED DUNE//,/9T5 #6266 APPROVED %'i", > June 30, 1983 Job N° 83-297 1000-021-05-02 Scale -- I° = 50' LL I WM M ST I IJ `N� �. 0Sl zt �. /40� , t THE WATER SYSTEMS rF $ t . '/76 c 6! �i..! �- `c-JJ "' " "�+ } CONFORM l C '`.^ �• j '�• 1. ►} r ` t- L + SUFFOLK CC ! ' v APP k �. .:''i ' Q•�= � � SUFFOLK IL, S E R V ! C c S CONSTRUCT 4-� t+i �� �'3 _ i �� DATE ( � � � AC w + ( j H. S. REF. NC 7.6 �=-7��.____ �. ' L7 APPROVED:_ c SUFFOLK 1 = Ski�'o '�'�.��i.s y r f � t�. = '4 '� � • - " - � II W , ` A L DIST. , ? •�� n rLIP } OWNERS AD[ 'V lerC— �.\ ',' !: `"'•"f y n_ I DEED: L. N TEST HOLE Pp S C,i .01 _ dad wlTN PENG= I _ t Ar G{\Da DECIt�'ATiD � l '4j.. r \ � - t..:,�, ,1.% / �' sr v f!`f,'��.ri � � F i�.F. •✓' +'"' .-....'sir•.+G• r_.:: •� i — r` �,. .. : .;„ f a ,�. Y } COUNTY 'OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING LEE E. KOPPELMAN 360-5513 DIRECTOR OF PLANNING January 5, 1989 Town of Southold Zoning Board of Appeals Applicant: Nick Theophilos Mun. File No. : #3792 S.C.P.D. File No. : SD-89-1 Gentlemen: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or disapproval. Comments: With the understanding that premises will be encumbered by appropriate restrictions as set forth by the Zoning Board of Appeals to adequately mitigate environmental impacts. Very truly yours, Lee E. Koppelman Director of Planning S/s Gerald G. Newman Chief Planner GGN:mb VETERANS MEMORIAL HIGHWAY HAUPPAUGE, L.1., NEW YORK 11788 (51 6)360-5192 Southold Town .B®ard of �! els ppe MAIN ROAD - STATE ROAD 25 1 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. oOoEoT JOSEPH H. SAWICKI James Dinizio Jr. i,inizio, �-r, ' - Pursuant to Article XIII of the Suffolk County Charter , the Board of Appeals of the Town of Southold , New York , hereby refers the following to the Suffolk County Planning Commission : XX Variance from the Zoning Code , Article XI Section100-119.2A Variance from Determination of Southold Town Building Inspector Special Exception , Article Section Special Permit Appeal No . : 3792 . Applicant : Nick Theophilos Location of Affected Land : 450 The Strand, East Marion, NY County Tax Map Item No . : 1000-21-5-5 Within 500 feet of: Town or Village Boundary Line _ XX Body of Water (Bay , Sound or Estuary ) 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 Established Channel Lines , or Within One Mile of a Nuclear Power Plant _ Within One Mile of An Airport . COMMENTS: Applicant is requesting permission to locate swimmingpool with fence enclosure with an insufficient setback from average line of bluff along Long Island Sound. Copies of Town file and related documents enclosed for your review. Dated : December 30 , 1988 - Southold . Town Board of Appeals a MAIN ROAD - STATE ROAD 2S SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. December 28, 1988 JOSEPH H. SAWICKI JAMES DINIZIO, JR. Mr. Nick Theophilos 387 Broadway New York, NY 10013 Re: Appeal No. 3792 - Variance Dear Mr. Theophilos: Transmitted herewith for your perusal and file is a copy of the determination rendered by the Board of Appeals at our December 16, 1988 Special Meeting. Please be sure to return to the Building Department and any other agency which may have jurisdiction for issuance of additional documents which may be necessary. A copy of this decision has also been furnished to the Building Department Office to update their files. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Enclosure Copy of Decision to: Office of the Building Inspectors Suffolk County Department of Planning COUNTY OF SUFFOLK '1 PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE SOIL AND WATER STANLEY A. PAUZER CONSERVATION DISTRICT DISTRICT MANAGER November 18 1988 /��� ' Mr. Gerard P. Goehringer, Chairman Southold Town Board of Appeals Main Road Southold, New York 11971 Dear Mr. Goehringer: We have completed a site plan review for APPLICATION NO. 3792, NICK THEOPHILOS, at your request. The bluff face along the upper portion has many trees with no undergrowth. Along the. bottom portion it is heavily vegetated with shrubs. There is .one section on the west side along the middle portion with a heavy grass cover. None of the lots along the beach has bulkheading. The high tide mark appears to reach the toe of the slope; however, the bluff appears stable. All sur- rounding lots along the beach have heavily vegetated bluff faces. Above the bluff top edge is a sod lawn. Approximately half of the lawn area slopes towards and over the bluff face. The distance from the house to the bluff top edge is approximately one hundred feet. - The house has no gutters and down- spouts, ,however this half of the yard is flat and may not add runoff to the bluff side. Along the east side of the lot is a 4 inch drainage tube which exits over the bluff face; . its origin could not be determined. Located on the east side of the bluff stairs is an electric cable and a water line, leading to the beach. Definite considerations should be taken into account. The slope of the lot should not contribute runoff over the bluff face. Grading around the pool should be away from the bluff face. Since half the yard now slopes towards the face a berm should be added along the edge to stop runoff water from flow- ing onto the bluff face and allow it to percolate into the ground. Trees on the face shade out any growth under them and deposit leaf litter in the fall. If these trees are undermined they can cause severe sloughing of the bluff face. To remove them, they should be cut off at the base and the root system left intact. Trying to remove the stumps would be detrimental. The open area can then be replanted to 'Cape' American beachgrass to stabilize the face. PECONIC PLAZA 164 OLD COUNTRY ROAD, ROUTE 56 RIVERHEAD, NEW YORK 11901 (516) 727-2315 Mr. Gerard P. Goehringer - 2 - November 18, 1988 Water discharged from the drainage tubing may cause severe erosion if it is flowing over the bluff face. Pool filter flushing and draining should not be allowed over the bluff face. I hope this information will be helpful in your determinations. If you need any further assistance, please feel free to contact our office. Sincerely, Paul A. TeNyenhuis, Soil District Technician gz ccc== t;;; i fY Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN, JR. November 21, 1988 JOSEPH H. SAWICKI JAMES DINIZIO, JR. Mr. Nick Theophilos 387 Broadway New York, NY 10013 Re: Appl. No. 3792 - Variance Dear Mr. Theophilos: Transmitted herewith for your perusal and information is a copy of the recent evaluation report made by the Suffolk County Soil and Water Conservation District as requested recently by our office. This report has been made a permanent part of your file, and the hearing, as you may know, has been scheduled to be held on Thursday, December 8, 1988 in the evening. A copy of the Legal Notice as published by our office in the Suffolk Times and L.I. Traveler-Watchman, Inc. will be forwarded to you within the next few days as confirmation of the time of the hearing. Please feel free to call our office if you have questions concerning the processing of your application. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN lk Enclosure Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI November 4, 1988 JAMES DINIZIO, JR. Mr. Stanley A. Pauzer, District Manager Suffolk County Soil & Water Conservation Peconic Plaza - Route 58 164 Old Country Road Riverhead, NY 11901 Re: Appl. No. 3792 - Nick Theophilos Dear Mr. Pauzer: We presently have an application pending in which the property owner -proposes to construct pool and fence enclosure near existing dwelling and near the bluff of the Long Island Sound as more particularly shown on the attached sketch copy. Also attached are copies of the Suffolk County Tax Map, subdivision map, and sketch of the proposed construction. The subject premises is located along the north side of "The Strand Way" in the Hamlet of East Marion, Town of Southold, House No. 450. May we ask your assessment of this project? The public hearing is expected to be held on December 1st. If additional time is needed, please don't hesitate to let us know. Your time and efforts are greatly appreciated. Thank-you. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN Enclosures By Linda Kowalski - S -F"o L"Ir c ®uth®Id Town hoard of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. List of Mailings Hearings for December 8, 1988 Southold Town Board of Appeals Copies mailed to the following on or about 12/1/88 Mr. & Mrs. James Monica 545 Bay Haven Lane Southold, NY 11971 / Mr. Nick Theophilos 387 Broadway New York, NY 10013 Mr. James H. Bergeron 14 Birch Hill Drive Poughkeepsie, NY 12603 Mr. Otto Schoenstein (Re: Micciche) Box 95 1645 Maple Lane East Marion, NY 11939 Mr. James Manos 2147 Lake Drive Southold, NY 11971-1543 Peconic Development Corp. (Re: Guyton) Box 594 Mattituck, NY 11952 Ward Associates (Re: Georges) 1500 Lakeland Ave. Bohemia, NY 11716 Abigail A. Wickham, Esq. (Re: Fleet) Main Road - P.O. Box 1424 Mattituck, NY 11952 Legal Notice of Hearings for December 8 , 1988 Copies mailed to the following on or about 12/1/88 North Fork Sign Co. (Re: Cappa) Main Bayview Rd. Southold, NY 11971 Mr. & Mrs . Paul Kayser 1005 Mill Creek Drive Southold, NY 11971 Ms. Patricia Lloyd (Re: Catalano) 471 Route 25A Rocky Point, NY 11778 Sambach Associates (Re: Falkowski) Box 1033 - Cox Lane Cutchogue, NY 11935 Mr. Philip J. Cardinale (Re: Mohring) Cardinale & Cardinale Main Road - P.O. Box W Jamesport, NY 11947 L. I. Traveler-Watchman, Inc. (Official Town Newspaper) Suffolk Times, Inc. Town Clerk Bulletin Board ZBA Office Bulletin Board ZBA Chairman and Members with copies from file ZBA Individual Files 1 t^' Town Hall, 53095 Main Road \ � C P.O. Box 1179 ., Southold, New York 11971 Fyn JUDITH T. TERRY TELEPHONE TOWN CLERK (516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD To: Southold Town Zoning Board of Appeals From. Judith T. Terry, Southold Town Clerk / Dated: October 14, 1988 Transmitted herewith is Zoning Appeal NO. 3792 application of Nick Theophillos for a variance. Also included is: Notification to Adjacent_ Property Owners; Short Environmental Assessment Form; letter relative to NYS Tidal Wetlands Land Use; Notice,-of- D'Isapproval from the Building Department; survey of property; and any other attachments relative to this application. e. • �. . ��� Judith T. Terry Southold Town Clerk v,4 G N iti pp6 j O Q ! Volt 'Gp y L•24.33� II : Q'• *2\0.61�--167.34' 46.59' 140.00 I f V 2Q C- 55.6T 1L[ r A_N30.00 TEST NOLE 0.7i\ N�1070.00 Gb_ _ N./3°3-- W. C=I5B.45 2/.59' 120.67' ly. IC2Z1110.62 P,3\. Sa v q S./3°3/30'E /39 9�.00' g.ro ti r,� 295.00' F N./3°3/30 W m 0 r 7 Jr �JJ4IBS.F. p G, to O i N O Q Q tt7/JJ.F. 45.00 60' —29300, _ ' \ 3Z• r �I � � 0 76 a ro rrrfa s.r \3aosf' o `l �N \ y5 Z0/ g-$� 0 , •b p00 77 6 p. o 5. o m- �' 9 \tgo 1 N� a t/t//sr `\\ \ e5 6 F. 31 \\311 s o 9 \F x \ 95 k : Qa � p r!Nywyy��C.����'� T 5' �# �/L \oo.a'- \16 ° F a��, �„� `�3Ayf• $\. _.�•�` ~dye' fi4��• � ti�t��� G �� yg1 � \` \ \\ZA,; ?�' N OL ` ;d afe to PO/N7 ROAO \ \ •s ' Noo CEDAR \\O. `�R 44NE I C) N / U W vtAT OI � o Q V W a4- O/GL ET/,E f \ v 10 t W } a 91 / Of 1 NO. 3 �p•I z 5 AZ° L G 3 0/ 3 W tom 1 1' c CE FILE NO.' ASUFFOLK CO. PLA^dN'' `= NO- LOCATION MAP pi5oppr�+ El/wAy MAPLE p1 C K 6RE SCALE 1"=600' 4� COVh�q 411111v1� �; t _v��l \t , �`•gI �•..ram_ 'kR". tuzq`.".:••Trs� ID 29.a F' � \\• � I .�I Ir 52.5 4 65. Ij x x sz.s 65z1 IIII / x ' D I .t 8/1 I I II 4x9.0 34.3 I` 41.8 �•� x 44.7 - �1 45.5 50—f // 43.7 .\ 50 6 l I 42.8 44. \ x \\ 51�7 (45.5 j' 42.4 II 48.4 I I x Ix 151.4 1\ �l- I \I I 42.5 44.3 x , 43.4 f 144.4 46.6 x �, - 46.4 47.0 A: I I x 44.5 t 4.�•`, I I 45.7 t I I 45.3 { 5.2 _- i x Nib=',•;� - 1 46.6 48.2 49.6 x DE C TEA RAT ION MADE this 14th day of _MaV, 10-75, Pebble ,each Realty, Inc. , a domestic corporation of the State of New York having it' s prLiciaal placec of business at 301 Clay l i* :-s Road, Cast Northport- Y? w Yens _i_i731, he re.lnafter called `..�ile i:E:Ciara:at; iE)e-clarant is the owner - n f, Si.nple of- a i cer alp, ;:a::c:_?1 Cif 'ari a s i t`.liate at _'Fast Marion, Town CIE Southold, Ccunty, cf Suffol,, and State ate r n N t .r T%3v Ori•., IJ21i1Q t}"tC? -Or`Dm:LL:eS �i descr_i%:ed .J.s. deed chatted October 3: 19,2 �-, 6 -, made ..,,Y Ar}:.ur L. R. j, FL:3. ;ci:3:o -and Helen T. ranc:i-'oo to Pebble Beach Realty, recorded~ in the Suffolk CountV t�c le k' s Off-icee ].0, on ��ov :,,:e_ i 1972 in Li_7er7 ^� t ���2 . are 48 a meLes and bounds description i; ,f of which is shown on Schedule A as attached hereto .=_.n i made a ;f part hereof., and referred to herein as the "premises,, . {! WFERREAS, the Declarant intends to subdivide said premises j it fox residential purposes and desires to subject said premises to certain conditions, covenants and restrictions. i� ' NOW T=REF0z1zz, , the Declarant doss hereby declare that the aforesaid Premises and every yortion thereof is herebv held and shall be conveyed subject to the conditions, covenants and restrictions hereinafter seq.t forth, and that every purchaser Of said premises or any portion thereof, by- the acceptance of a deed thereto, covenants and agrees that the premises so vurchased shall be held subject to the ,covenants, conditions and restrictions hereinafter set forth. ARTICLE I - DEFI14ITIOI S 1. The words "Subdivision" , "Subdivision Map" or "_•ya " when used herein is :intended to mean the subdivision map of the premises ert i tled "Map of Pebble Beach Farms, East ..,rarion, i '^olt:n of Southold, Suffolk County, New York" heretofore approved � If by the Southold Town Planning Board and filed or about to be filed in the Suffolk County Clerk' s Office. I o y T Southold Town Board of Appeals MAIN ROAD - STA17 E ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD December 8, 1988 MEMBERS GERARD P. GOEHRINGER, CHAIRMAN S.E.Q.R.A. CHARLES GRIGONIS, JR. SERGE DOYEN, JR. NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H. SAWICKI Notice Of Determination Of Non-Significance James Dinizio, . Jr. APPEAL NO. : 3792 PROJECT NAME: Nick Theophilos This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a sig'iifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [X] Type II [ ] Unlisted [ ] Exempt DESCRIPTION OF ACTION: Locate swimmingpool with fence enclosure with an insufficient setback from average line' of bluff along Long Island Sound LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more particularly known as: 450 .The Strand, East Marion, NY 1000-21-5-5 REASON (S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The relief requested is a setback variance as regulated by Section 617. 13 , 6 NYCRR, SEQRA. FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowalski, Secretary, Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802 . Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. vate Road #12, Southold, N Y; ' Section 100-30C,for permission to Lot 4.6. lgal Not•�CeS County Tax Map District 1000,Sec- erect ground sign, advertising off 8:30 p.m. Appl. No. 3807 - tion 78,Block 6,Lot 4.1. premises business("Ciccilino,"Fine MOHRING ENTERPRISES, INC. NOTICE OF HEARINGS 7:45 p.m. Appl. No. 3793 - Italian Dining).Location of Property: Variance to the Zoning Ordinance, JAMES AND STELLA MANOS. South Side of Main Road and North Article XI, Section.100-119 and NOTICE IS HEREBY GIVEN, Variance to the Zoning Ordinance; Side of Old Main Road, Southold; Article III, Section 100-31, Bulk wrsuant to Section 267 of the Town Article XI,Section 100-119.2(C)for NY;County Tax Map District 1000, Schedule,for permission to locate .>f Southold,the owing hearings permission to rebuild deck structure Section 56,Block 6,Lot 11.1. • '. new dwelling with an insufficient will be hcld#Ty the SOUTHOLD �30±sq.ft expansion,within 75 8:10 p.m. Appl. No. 3805 rearyard setback on a lot which has DOWN BOARD OF APPEALS at a• feet of the nearest freshwater wetlands PAUL AND M A R G A R E T/ frontage along three roads: North -legular Meeting at the Southold near Great Pond.Location of Prop- KAYSER. Variance to the Zoning Bayview Road,Pine Neck Road,and' Ibwn Hall, Main Road, Southold, erty: 2147 Lake Drive, Southold, Ordinance,Article XI,Section 100• Kimberly Lane, Southold, NY.; lY 11971, on THURSDAY, DE- NY;County Tax Map District 1000, 119.2B for permission to construct. Subdivision Lot No. 20, Map of CEMBER 8. 1988 at,the following Section 59, Block 5, Lot 2.2; also deck addition with an insufficient set- Paradise By the Bay;.County Tax k, in limes: known as Lot#4 on the Minor Sub- back from existing bulkhead. Loca- Map District 1000,Section 70,Block !pal 7:30 p.m. Appl. No. 3803 division Map for Philip Druhl,P.B. tion of Property: 1005 Mill Creek The Board of Appeals will at said r JAMES AND PHILOMENA MON- File#22,endorsed March 24,1970. Drive, Southold, NY; County Tax time and place hear any and all per- er, ICA. Variance to the Zoning Ordi- 7:50 p.m.,Appl. No. 3804 - Map District 1000, Section 135; sons or representatives desiring to be of nance, Article III, Section 100-31, ELLEN BLACK GUYTON.Variance, Block 3,Lot 39. - heard in each of the above matters. Bulk Schedule,for approval of deck to the Zoning Ordinance.Article III; 8.15 p.m.VICTOR AND LINDA Written comments may also be sub- ICI1 with an insufficient rearyard setback. Section 100-32,and Article XI,Sec- CATALANO: mitted prior to the conclusion of the tl in Location of Property:545 Bay Haven Lion 100-118,for permission to re- (a)Appl.No.3800-Variance to subject hearing.Each hearing wilr not Lane, Southold, NY; Terry Waters build nonconforming accessory the Zoning Ordinance; Article III, start before the time allotted. For kS Map No.2901,Lot 42;County Tax (storage-garage)building in the front- Section-100-32, for permission to, more information, please call-76N- Map District 1000,Section 88,Block yard area.Location of Property:3331. locate swimmingpool,accessory to 1809• 0 f 4.Lot 31. Private Right-of-Way extending off. the existing residence,in an area other Dated:November 22,1988. 7:35 p.m. Appl. No. 3792 - the west(northwest)side of Grand.- than the required rearyard.Location of- BY ORDER OF NICK THEOPHILOS. Variance to Avenue,Mattituck,NY;County Tax• Property:West Side of Private Right, THE SOUTHOLD TOWN the Zoning Ordinance, Article XI, Map District 1000, Section.107, of-Way extending off the South Side. BOARD OF APPEALS Section 100-119.2A for permission Block 01,Lot 11. • of Great Peconic Bay Boulevard,.' GERARD P.GOEHRINGER; to locate swimmingpool with fence 7:55 p.m. Appl. No. 3794 - Laurel,NY;County Tax Map District CHAIRMAN enclosure with an insufficient setback JERRY AND MARY GEORGES. 1000, Section 128, Block 6, Lot By Linda Kowalski from average line of bluff along the Variance to the Zoning Ordinance, 13.2. 6135-1TD1 Long Island Sound. Location of Article XI,Section 100-119.2 for- (b)Appl.No.3799-Variance to Property: 450 The Strand, East permission to construct addition(s)to the Zoning Ordinance, Article III, Marion, NY; Pebble Beach Farms, existing dwelling with an insufficient Sections 100 30 and 100-31,for per-' / Inc. Subdivision Lot H135;County setback from the top of bank along mission to construct principal build! Tax Map District 1000,Section 21, the Long Island Sound. Location of ing for use as a poolhouse/cabana, Block 5,Lot 5. Property:18565 Sotmdview Avenue, accessory to adjoining residence,with, MARY K.DEGNAN 7:37 p.m. Appl. No. 3791 - Southold, NY; County Tax Map• an insufficient rearyard setback.Lo- 1 1 On, PUBLIC,State of New York JAMES H.BERGERON.Variance to District 1000,Section 51,Block 01'. cation of Property: South Side of uffoik CODUty tvu.4o�,uo0 the Zoning Ordinance, Article III, Lot 22.1. Great Peconic Bay Boulevard,Laurel,3b Term Expires Februa[� Section 100-30A(1)and Article XI, 8:00 p.m. Appl: No. 3734 - NY;County Tax Map District 1000, Section 100-118,for permission to KATHRYN FLEET.Variances to the Section 128,Block 6;Lot 13.1. rebuild existing nonconforming sin- Zoning Ordinance,Article III,Section 8:20 p.m. Appl. No. 3796 - gle-family dwelling. Location of 100-31,Bulk Schedule,for approval ALFRED FALKOWSKI. Special Property: 185 Riley Avenue,Matti- of insufficient area,width and depth,' Exception to the Zoning Ordinance, tuck,NY;County Tax Map District of two proposed parcels in this pend= P Article IX, Section 100-90 for 1000.Section 143,Block 4,Lot 29. ing division of land. Location of permission to construct office 7:40 p.m.Appl.No.3795-PE- Property:North(Northwest)Side of building with storage upon this 6± TER AND DOROTHY MICCICHE. Old Pasture Road,Cutchogue, NY; acre parcel. Zone District: "C-1•" Variance to the Zoning Ordinance, County Tax Map District 1000.Sec- General Industrial. Location of Article III,Section 100-32 for per- tion 10%Block,11,Lot 19.1. - Property: 8595 Cox Lane and the me mission to construct detached garage,jl 8:05 p.m. Appl. No. 3780 -- Southwest Comer of Oregon Road, in an area other than the required rear- ARMANDO CAPPA. Variance to Cutchogue, NY; County Tax Map yard.Location of Property:270 Pri, the Zoning Ordinance, Article m M1•� •^^" -` :. as Lot #4 on the Minor Sub- 1 8:15 m. VICTOR AND NOTICE OF HEARINGS p division Map for Philip Druhl, LINDA CATALANO: "t6? NOTICE IS HEREBY P.B. File #22, endorsed March Variance `'GIVEN, pursuant to Section 24, 1970. (a)Appl.No.3800 of the Town Law and the 7:50 p.m. Appl. No. 3804- to the Zoning Ordinance, Arti-s'0 `Code of the Town of Southold, ELLEN BLACK GUYTON. cle III, Section 100-32, for per- the following hearings will be Variance to the Zoning Ordi- mission ;to locate swimming held by the SOUTHOLD nance, Article III, Section pool, accessory to the existing TOWN BOARD OF APPEALS 100-32,and Article X1,Section residence, d e area other than 100-118, for permission to re- ' the required rearyard. Location at a Regular Meeting at the p of:Property: West Side of Pri- Southold Town Hall; Main build nonconforming accessory. vate Right-of-Way extending off Road, Southold, NY 11971, on (storage-garage)building in the. the South Side of Great Peconic THURSDAY,.DECEMBER 8, frontyard area.Location of Pro- _ Bay Boulevard, Laurel,- NY;. perty:3331 Private Right-of-Way: ' . 1988:at-the following times: 'County Tax Map District 1000, 7:30 p.m. Appl. No. 3803- extending off the west (north-- Section 128;Block 6; Lot 13.2. JAMES AND PHILOMENA west) side of Grand Avenue; y ( ' Mattituck, NY; County Tax b)Appl. No.3799=Variance MONICA.Variance to the Zon- to the Zoning Ordinance, Arti- Map District 1000,Section ]07,. ing Ordinance, Article III, Sec- III,. Sections 100-30 and Lion 100-31, Bulk Schedule, for Block Ol, Lot. 11. cle 111 JERRY 7:55 p.m. Appl. . No. 3794- ! 100 31, for permission to con= approval of deck with an insuf- MARY struct principal building for use ficient rearyard setback. Loca- ! -as a poolhouse/cabana, acces- GEORGES. Variance to the tion of Property:545 Bay Haven Zoning Ordinance, Article XI, sory to adjoining residence,with Lane, Southold, NY; Terry an insufficient rearyard setback. Section 100-119.2 for permission "Waters Map No. 2901, Lot 42, to construct addition(s)to exist-s- Location of Property: South County Tax Map District 1000, Side of Great Peconic Bay 'Section 88, Block 4, Lot 31. ing dwelling with an insufficient Boulevard, Laurel,NY,County setback from the top of bank 7:35 p.m. Appl. No. 3792- Tax Map District 1000, Section along the Long Island Sound. � NICK THEOPHILOS.Variance 12.8, Block 6, Lot 13.1. Location of Property: 18565 j to the Zoning Ordinance, Arti- 1 8:20 p.m. Appl. No. 3796= Soundview Avenue, Southold, cle XI, Section 100-119.2A for 1_ NY; County Tax Map District ALFRED FALKOWSKI. Spe' j permission to locate swimming cial Exception to the Zoning.Or �• 1000, Section 51, Block 01, Lot pool with fence enclosure with dinance, Article IX, Section , an insufficient setback from 22.1. 100-90 for permission to con- 8:00 p.m. Appl. No. 3734- average line of bluff along the `KATHRYN..FLEET..Variances struct office building with stor __ Long Island Sound.Location of j age upon this 6± acre parcel. to the Zoning Ordinance, Arti- :Property:450 The Strand, East cle III, Section 100-31, Bulk Zone District: "C-1" General Marion, NY; Pebble Beach Schedule,for approval of insuf- Industrial. Location of Proper- Farms, Inc. Subdivision Lot ty: 8595 Cox Lane and the ficient area,width and depth,of I 1135; County Tax Map District two. proposed parcels in this Southwest Corner of Oregon 1000,Section 21, Block 5,Lot 5. I pending division of land. Loca- Road, Cutchogue, NY, County 7:37 p.m. Appl. No. 3791- tion of Property:North(North- Tax Map District 1000, Section 083, Block 3, Lot 4.6. JAMES H. BERGERON. Vari west)Side of Old Pasture Road, 8:30 p.m. Appl. No. 3807' ance to the Zoning Ordinance, Cutchogue, NY, County Tax Article 111, Section 100-30A(l) ; Map District 1000,Section 103, ! MOHRINnce to the Zoning Or- and Article XI,Section 100-118, Block 11, Lot 19.1. for permission to rebuild exist-- 8:05 p.m. Appl. No. 3780- I dinance, Article XI, Section ing nonconforming single-. ARMANDO CAPPA.Variance . 100-119 and Article 111, Section family dwelling. Location of to the Zoning Ordinance,Article I 100-31, Bulk Schedule, for per, Property: 185 Riley Avenue; 111,Section 100-30C,for permis- mission to locate new dwelling Mattituck, NY; County Taal Sion to erect ground sign,adver- with an insufficient rearyard set- Map District 1000,Section 143, tising off-premises business' back on a lot which has front- Block 4, Lot 29. S ("Ciccilino," Fine Italian Din- age along three roads: North. 7:40 p.m. Appl. No. 3795- ing). Location of Property: Bayview Road,Pine Neck Road; PETER AND DOROTHY South Side of Main Road and I and Kimberly Lane, Southold,51 MICCICHE. Variance to the North Side of Old Main Road, NY; Subdivision Lot No. 20, Tax Ma j Map of Paradise By the.Bay; Southold, NY;Count Zoning Ordinance, Article III, y p Section 100-32 for permission to District 1000 Section 56,Block ! County Tax Map District 1000, construct detached garage in an 6, Lot 11.1. I Section 70,Block 13,Lot 20.20. area other than the required 8:10 p.m. Appl. No. 3805- i The Board of Appeals will at said'time and place hear any and rearyard. Location of Property: PAUL .AND M'ARGARET all persorigor representatives'de 270 Private Road#12,Southold, KAYSER. Variance to the Zon- 7"siring'ta be-heard•in''ettth 6f'the 0 County Tax Map District 10 ing Ordinance, Article XI, Sec- .:.above'i matters. Written- com- ]000, Section 78, Block 6, Lot tion 100-119.213 for permission ments may also be submitted to construct deck addition with prior to the conclusion of the 7:45 p.m. Appl. No. 3793- I an insufficient setback from subject hearing. Each hearing JAMES AND'. STELLA existing bulkhead. Location of will not start before the time al- MANOS. Variance to the Zon- Property: 1005 Mill Creek Drive, lotted. For more information, ing Ordinance, Article XI, Sec- I Southold,NY,County Tax Map please call 765-1809.. tion 100-119.2(C)for permission District 1000;Section 135,Block • Dated: November 22, 1988. to rebuild deck structure with 30± sq.ft.expansion,within 75 3-1 Lot 39. BY ORDER N 1 feet of the nearest freshwater THE SO D OF A TOWN _wetlands near Great Pond. BOARD OF APPEALS Location of Property:2147 Lake GERARD P. GOEHChairmn Chairman Drive, Southold, NY; County By Linda Kowalski , Tax Map District 1000, Section 1X, 12/1/88 (2)y 59,Block 5,Lot 2.2;also known : Southold Town Board of Appeals , '� 4 � MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 u j 1 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your recent application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the time allotted in the attached Legal Notice. Please feel free to call our office prior to the hearing date if you have any questions or wish to update your file. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN 1 TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION. OF BUILDING INSPECTOR APPEAL NO. DATE ....�.��. /. ..... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1 (We) .. `C�O.�'.....` CI!T.' T .TQ . .......................of ..3 .' ..?tiF�O Dt,k.� '... ............................. Name of Appellant Street and Number ...............................N..... ...Ott.'. .;. ...................................... Ay— .IQ01..3......HEREBY APPEAL TO 9 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 NICK sEMPl-IILOS ................................................................................. Name of Applicant for permit of 387...J3ROA�111AY ...............ry Vd...YU.i�.........................!T—1� n�,3.................... .... ..... Street and Number Municipality State ( ) PERMIT TO USE ( . ) .-,PERMIT,.FOR OCCUPANCY gyp, 1. LOCATION OF THE PROPERTY ........14. 'J.V. ..................................9 .... Street /Hamlet / -,Use. District on Zonin "Map District 1000 Section PZ( Block 9 Lot.s ..... ............................................ ... ................Current Owner I ck �'lyr�� OPT Map No. Lot No. 135 Prior Owner 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 XI Section 100-119—2 X2 (10 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ( ) 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 (has) (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 andwas made in Appeal No. ................................Dated ...................................................................... REASON FOR APPEAL ( )/A Variance to Section 280A Subsection 3 (✓) A Variance to the Zoning Ordinance is requested for the reason that Closer than 100 Feet Form zsi (Continue on other side) s REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because r?O + IS NO OTJ-1ER LOCATION FOR IT AND lff WIFE O S PHYSICIAN I-[AS ADVISED IMR MAT IT IS ITECESSARY FOR HER IMALT.fI AND HER 1E ART CONDI`CION 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 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because 0' +Ii 1JEiCIIBJRS HAVE Sk,:U,`lt NG FOOLS ! STATE OF NEW YORK ) ss Q .......... ... ......... ......•.......•...... COUNTY OF ) Signatu e Sworn to this .........`. ............... .......1.• .. day of...... ..G�1��. .... ......�.......•................. 19J " ......... . ........./.`.` ......... "�.............. Notary Public 4t�,o .york �ApuU1 54�315p9 u re +`data No 2n nqs Ccu Y Quat ed Naa yo{� 19. Cartit'�cate t,Exp+pas Commission BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of .j1�ic-k + An���� 1/�epp�►i NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That_a_jLtkF intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a �arijance (Special Exception) (Special Permit) (Other) [circle choice] 1. 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 4.50 STRAND LA. 1000-21-5-5 3. That the property which is the subject of such Petition is located in the following zoning district.- Residential 4. That by such Petition, the undersigned will request the following relief: To Costruct Swiming Pool and fence with feet from Sound Bluff 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article XI Section 100-119-2 (1 ) [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then-and there examine the same during regular office hours. (516) 7f 5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board-of Appeals; that a notice of.such hearing must be published at least five.days prior to the date of such. hearing in the Suffolk Times and in the.Long Island Traveler=Mattituck Watchman., newspapers published in the Town of'Southold'and designated for the publication'of such notices;that you or your representative have the right to appear hd bf heard at such hearing. Dated: )n Petitioner Owners Names : NICr. �Ti rOMILe5 Post Office Address 387 6RoAt>vD lvF_w y09K f-VV 100(3 Tel . No. ( 1,2_) q2S�. �ro� [Copy of sketch or plan showing proposal to be attached for convenience purposes . ] ,14r 'y c PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS STATE OF NEW YORK ) ss.: COUNTY OFSUFFOLK ) rL i " ' ( S gBrb'L_�� 1 �y eA l 0 , residing at � , being'duly sworn, deposes and says that on the day of 'i' pig , 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 onL4 that said Notices were mailed t each of said persons by certified) registered) mail.. worn to be r met is day Nota Publi _ 0 ri FRAN'CE5 L� York of r �Y� Ott III;:State of New V8* t•1o4arY PV4o"'Z �,631509 No §2_4524771 'u�9s C_ou tY .. Qualified !^N ork Cou 6§1146 1h Suffolk County a� Y/�G 19 .. Certificate Siled. I ���e�R��Efic�'It@5 Now] 30.191�8 Commission ExP1p° (This side does not have to be completed on form transmitted to adjoining property .owners.. ) 'BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of J r_)_n/kI NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. Tha,t,J.tais.,,the.intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a;(Variancey, (Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 4,,, 3. Thant the property fthich is the subject of such Petition is located in the following zoning district: `s r.4. That by su�ch Pteti io�n,�th�e�undersigned will request the following relief:Ne-4C from `] 1 tiff 5. That the provisions of the Southold Town Zo i g Code applicable to the relief sought by the under- signed are Article X�. Section Je I i9-..�;. E x [ '] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may 'then and there examine the same during regular office hours. (516) 7�5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the _Board of Appeals; that a notice of such hearing mus'fbe published at least five days prior to the date of such hearing in the Suffolk Timesand in,th'e.Long Island Traveler-Matti.tuck Watchman,.newspapers published in the Town of Southold and designated for the publication of such notices;-that you or your representative have-the right4o appear'and e'he d aat such hearing,. Dated: .� 0 U Petitioner Owners' Names : NILK Post Office Address 3$S7 13RoA_DW R'tf. Tel . No . ( %/I,) 7L/ [Copy of sketch or plan showing proposal to . be attached for convenience purposes . ] PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS STATE OF NEW YORK ) ss.: COUNTY OF SUFFOLK) L�c<< 2:D DY��I IoS , residing at $ (-DCL�u) n. o 6 3 being duly sworn, deposes,and says that on the I W day of � , 19 , deponent mailed a true copy of the Notice set forth o 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 oil of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at SipL04,� ld ; that said Notices were mailed to each of said persons by ertifie (registered) mail.. U / �1; Sworn to ore mo' - i' day / Not ry bli p1'c A.A631 �nTY �vo7QpR� r p y� °tzrY N°' 2n G°e� Nf1iRKY P �t� ��,IH tF� Qua1l(,t;d �� Neva f3�19.....- 6 �ulete o NBwY °%e Ex l / 44824771 CeTO'0:sion ues it WNW VA gutMk County �°Tnmis r '(b'r� dr tkv 30,1980 (This side does not have' to be completed on form transmitted to adjoining property .owners.. ) 14-16-4(2/87)—Text 12 PROJECT I.D. NUMBER 617.21 A, SEQR Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I—PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT/SPONSOR 2. PROJECT NAME NICK THEOPHILOS 3. PROJECT LOCATION: Municipality 450 STRAND LA. County 4. PRECISE LOCATION(Street address and road intersections,prominent landmarks,etc.,or provide map) 450 STRAND LA. , Peeble Beach Farms, East Marion, NY 5. Is PR POSED ACTION: PR ❑Expansion ❑Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: To Constract Swiming Pool with Fence 7. AMOUNT OF LAND AFFECTED: Initially acres Ultimately acres 8. WIL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? 10 Yes ❑No If No,describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? Residential ❑Industrial ❑Commercial ❑Agriculture ❑Park/Forest/Open space ❑Other Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL, STATE OR LOCAL)? ❑Yes ❑No If yes, list agency(s)and permit/approvals 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? • ❑Yes ❑No If yes, list agency name and permit/approval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ❑Yes ❑No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE / Applicant/sponsor name: Nick Theophilos Date: Signature: 1�U If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 (Continued on reverse side) The N.Y.S. Envircnmental .Quality Review Act requires submission of this form, and an environmental review will be made by this board before any action is taken.. SHORT ENVIRONMENTAL ASSESSMENT FORM 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 project 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 sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that the project is not significant. (d) Environmental Assessment 1. Will project result in a large physical change to the project site or physically alter more than 10 acres of land? _Yes INO 2. Will there be a major change to any unique or unusual land form on the site? _Yes V]ZNo No 3. Will project alter or have a large effect on an existing body of water? Yes 4. Will project have a potentially large impact on groundwater quality? Yes JNo 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 a major adverse effect on air quality? _Yes ZNo 8. Will project have a major effect on visual char- acter 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 struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical environmental area by a local agency? Yes No 10. Will project have a major effect on existing or / future recreational opportunities? Yes _/ No 11. Will project result in major traffic problems or cause a major effect to existing transportation systems? Yes No 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? _Yes No 13. Will project have any impact on public health or safety? Yes No 14. Will project affect the existing community by directly causing a growth in permanent popula- tion of more than 5 percent over a one-year Yes No period or have a major negative effect on the character of the community or neighborhood? 15. Is there public controversy concerning the project? _Yes ry No Preparer's Signature:l� Representing: Date: Z Q / CJ ZBA 9/75 4 QUESTIONNAIRE TO BE COMPLETED AND SMUTTED WETFi YOUR APPLICATION I`QiU'1S TO THE BOARD OF APPEALS Please complete, sign and return to the Office of the Board of Appeals with your completed application forms. If "Yes" is answered to any questions below, please be sure to depict these areas on your survey (or certified sketch) , to scale, and submit other supporting documenta- tion. 1. Are there any proposals to change or alter land contours? Yes N 2.a)Are there any areas which contain wetland grasses? (Attached is a list of the wetland grasses defined by Town Code, Ch. 97 for your reference. ) Yes Eo,//z b) Are there any areas open to a waterway without bulkhead? Yes 3. Are there existing structures at or below ground level, such as patios , foundations, etc? Yes Nod 4. Are there any existing or proposed fences, concrete barriers , decks, etc? Yes No/ 5. If project is proposed for an accessory building or structure, i5 total height at more than 18 feet above IV/ average ground level? State total: ft. Yes No 6. If project is proposed for principal building or structure, is total height at more than 35 feet above average ground level? State total:. . . . . . . . . ft. Yes Nc�l 7. Are there other premises under your ownership abutting / this parcel? If yes, please submit copy of deed. Yes Nc � 8. Are there any building permits pending on this parcel (or abutting land under your ownership, if any) ? Yes No State Permit # and Nature: 9 . Do state whether or not applications are pending concerning these premises before any other department or agency (State, Town, County, Village, etc. ) : Planning Board , Yes N ' Town Board Yes No/ Town Trustees Yes Noy County Health Department Yes No, Village of Greenport Yes Nq N.Y.S.D.E.C. Yes No Other Yes No 10. Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale. (from contract) Yes No0 11. Is new construction proposed in the area of contours / at 5 feet or less as exists? Yes Nod/ 12. If new construction is proposed in an area within 75 feet of wetland grasses, or land area at an eleva- tion of five feet or less above mean sea level , have _ you made application to the Town Trustees for an inspection for possible waiver or permit under the requirements of Ch. 97 of the Town Code? Yes No GI/ 13. Please list present use or operations conducted upon the subject property, at this time and proposed Please submit photographs for the record. I certify that the above statements are true and are being submitted for reliance b4he oard of Appeals in considering my application. Signature rty Owner) authorized agent 1/88 I WETLANDS [Amended 8-26-7G by L.L. No. 2-1976; 3-26- - 85 by L.L. No.G-19851: A. TIDAL WETLANDS: (1) All lands generally covered or intermittently eov eyed with,or which border on, tidal waters, or lands lying beneath tidal waters, which at mean low tide are covered by tidal watery to a maximum depth of five (5) feet, including but not limited to banks, bogs, salt marsh, swamps, meadows, flats or other ! low lying lands subject to tidal action; (2) All banks, bogs, meadows, flats and tidal marsh subject to such tides and upon which arrows or may grow some or any of the following: salt hay, black .grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, groundsel. marshmallow and low march cordgrass;and/or (3) All land immediately adjacent to a tidal wetland as defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. B. FRESHWATER WETLANDS: (1) "Freshwater wetlands"as defined in Article 24, Ti- tle 1, § 24-0107, Subdivisions 1(a) to 1(d) inclusive, of the Environmental Conservation Law of the State Of New York;and (2) All land immediately adjacent to a"freshwater wet- land,"as defined in Subsection B(1)and lying with- in seventy-five (75) feet landward of the most land- ward edge^f a"freshwater wetland." ( 9705 2-25-85