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HomeMy WebLinkAbout3779Sound Beach ~r. Matti~uck ~suff. smdeyard setback - ~ew dwell~_~ ~ - z2/~3/s4 f VC� O DD SoutholdTown hoard of Appeals ®f �' MAIN ROAD - STATE ROAD SOUTHO D R 25 L 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. ACTION OF THE BOARD OF APPEALS Application of PETER AND DESPINA MARKOPOULOS for a Variance to the Zoning Ordinance, Article III, Section 100-31 and prior Appeal No. 3623 rendered May 11, 1987 for approval of structure(s) with reduced sideyards, at premises known as Lot #16, Captain Kidd Estates, along the south side of Sound Beach Drive, Mattituck, NY; County Tax Map Parcel No. 1000-99-1-24. WHEREAS, a public hearing was held and concluded on October 6, 1988 in the Matter of the Application of PETER AND DESPINA MARKOPOULOS under Application No. 3779; 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 made the following findings of fact: 1. The premises in question is referred to as Lot #16, Map of Captain Kidd Estates, and is more particularly shown on the Suffolk County Tax Maps as District 1000, Section 99, Block 1, Lot 24. 2. The entire premises has frontage along the north side of Sound Beach Drive 50 feet in length and depth of 150 feet. The subject premises is presently improved with a new dwelling structure under construction as permitted by Building Permit #14198Z dated August 13, 1985. Page 2 - Appeal No. 3779 Matter of PETER AND DESPINA MARKOPOULOS Decision Rendered October 26, 1988 3. The subject parcel is presently improved with a new single-family dwelling as depicted on the September 1, 1988 survey prepared by Young & Young, L.S. , showing setbacks: (a) at 5.4 feet from the closest point between the westerly side property line and the outer edge of the six-foot wide deck; (b) at 10.3 feet at the northeasterly corner of the dwelling at the easterly sideyard; (c) at 21.7 (10.3 & 11.4) for both. sideyards. 4. Article III, Section 100-31, Bulk Schedule, Column "A-40" of the Zoning Code requires minimum sideyards at 10 feet and 15 feet for a total of 25 feet. By Appeal No. 3297, a conditional variance was rendered December 13 , 1984, permitting the construction of a principal dwelling structure with sideyards at not less than 10 feet and 12 feet, and total sideyards at .not less than 22 feet. By Appeal No. 3623, a conditional amendment was rendered on May 11, 1987, permitting the reduction of the sideyards at not less than 10.3 feet at the easterly side and not less than 11.7 feet at the westerly side, provided there be no further protrusion into either or both sideyards by any construction (inclusive of steps, etc) . 5. The relief requested by this application is specifically the walkway and step areas as shown on the September 1, 1988 Survey submitted and considered under this application. 6. It is the position of this Board that in considering this application, the nonconformities of the lot and limited buildable area do lend to the nature of the practical difficulties. The walkway and step areas are the minimal necessary and the Board agrees the request is not unreasonable. 7. It is also the opinion of this Board that there be no further protrusion into either sideyard area to less than that shown on this September 1, 1988 Survey, including steps, stoops, decks, outside shower stalls, or any other obstructions. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to GRANT a Variance in the Matter of PETER AND DESPINA MARKOPOULOS for approval of the steps and walkway areas in the westerly sideyard area as applied under Appeal No. 3779 and shown by the September 1, 1988 Survey prepared by Young & Young, L.S. , SUBJECT TO THE FOLLOWING CONDITIONS: Page 3 - Appeal No. 3779 Matter of PETER & DESPINA MARKOPOULOS Decision Rendered October 26, 1988 1. There be no further encroachment into either sideyard area; 2. The easterly sideyard area must remain open and free of obstructions at all times. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and Dinizio. (Members Doyen and Sawicki were absent. ) This resolution was duly adopted. lk GERARD P. GOEHRINGER, CHAIRMAN RECEP, Jib AND FILED BY THE ;;OUTHOLD TO v id DATE ., ,d Town Clerk, Town o' ou:r.of t Southold Town Board of AnnealsMAIN 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. NOTICE OF HEARINGS .-ROBERT i DOUG6ASS JOSEPH H. SAWICKI 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, OCTOBER 6, 1988 at the following times: 7:35 p.m. Appl. No. 3765 - JOSEPH SPITALIERE for a Variance to the Zoning Ordinance, Article III , Section 100-31 for the placement of a new dwelling structure with a reduced setback from the front property line. Location of Property: Right-of-way located along the east side of Cedar Beach Drive, Southold, (just south of General Wayne Inn) and extending in an easterly and thence southerly direction to this parcel identified on the Suffolk County Tax Maps as 1000-90-4-14. 7: 40 p.m. Appl. No. 3768 - FRANK AND SANDRA CURRAN for a Variance to the Zoning Ordinance, Article III, Section 100-31 for construction of a pool with deck and fence enclosure with an insufficient frontyard setback and excessive lot coverage (over Page 2 - Notice .of Hearings . Regular Meeting of October 6, 1988 Southold Town Board of Appeals 20 percent) , at premises known as 780 Haywaters Road, Cutchogue, NY; County Tax Map Parcel No. 1000-111-01-016. 7: 45 p.m. Appl. No. 3763 - JOHN J. JESSUP for a Variance to the Zoning Ordinance, Article III, Section 100-31 for construction of an addition at the westerly side of the existing dwelling with a reduction 'in the total sideyards, at premises known as 90 East Road, Cutchogue, NY; County Tax Map Parcel No. 1000-110-7-15. 7: 50 p.m. Appl. No. 3759 - TONY SCARMATO, INC. for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for approval of gazebo structure with an insufficient setback from an existing bulkhead along Peconic Bay, at premises known as 235 Huckelberry Mill Road, East Marion, NY; County Tax Map Parcel No. 1000-31-16-9. 7:55 p.m. Appl. No. 3755SE - TIMOTHY COFFEY AND THE COVE AT SOUTHOLD, INC. Special Exception to the Zoning Ordinance, Article III, Section 100-30C, for permission to erect Page 3 - Notice of Hearings Regular Meeting of October 6, 1988 Southold Town Board of Appeals off-premises sign. Location of Property: South Side of Main Road, Southold, NY; County Tax Map Parcel No. 1000-75-06-7.3. (Recessed from Prior Meeting) . 8: 00 p.m. Appl. No. 3758 - THEODORE KUDLINSKI , JR. Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct open deck addition with an insufficient rearyard setback from existing dwelling, _ at premises known as 605 Highwood Road, "Highwood at Bayview" Subdivision Lot No. :.8, Southold, NY; County Tax Map Parcel No. 1000-78-9-50. 8:05 p.m. ELSIE D. YOUNG. Appl. No. 37605E - ' Special Exception to the Zoning Ordinance for permission to establish Accessory Apartment in an existing dwelling structure in accordance with the requirements of Article III, Section 100-30B, subsection 15. Location of Property: 480 Grissom Lane, Southold, NY; County Tax Map Parcel No. 1000-78-1-10. 3 . Appl. No. 3761-V - Variance to the Zoning Page 4 - Notice of Hearings Regular Meeting of October 6, . 1988 Southold Town Board of Appeals Ordinance, Article III, Section 100-30B(15) {M} to allow conversion of dwelling for Accessory Apartment with Certificate of Occupancy dated after January 1, 1984, although Affidavit of Building Inspector indicates dwelling met the requirements for a Certificate of Occupancy had application been made in a timely fashion. Location of Property: 480 . Grissom Lane, Southold, NY; County Tax Map Parcel No. 1000-78-01-10. 3 . f 8:15 p.m. JOHN T. BEEBE - Variances to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient area and width of two proposed parcels in this proposed set-off division of land, located along Beebe Drive, Cutchogue, NY; County Tax Map Parcel No. 1000-103-3-part of Lot 5 8:20 p.m. ROBERT AND DIANNA BAKER. Special Exception to the Zoning Ordinance, Article III, Section 100-30B(16) for permission to establish Bed and Breakfast establishment in an existing dwelling, at premises known as 2900 Boisseau Avenue, Southold, NY; County Tax Map Parcel No. 1000-55-6-9. Page 5 - Notice of Hearings Regular Meeting of October 6, 1988 Southold Town Board of Appeals , 8:30 p.m. Appl. No. 3779 - PETER AND DESPINA MARKOPOULOS for a Variance to the Zoning Ordinance, Article III, Section 100-31 and prior Appeal No. 3623 rendered May 11, 1987 for approval of structure(s) with reduced sideyards, at premises known as Lot #16, Captain Kidd Estates, along the south side of Sound Beach Drive, Mattituck, NY; County Tax Map Parcel No. 1000-99-1-24. 8: 40. p.m. Appl. No. 3769SE - CUTCHOGUE FARMS LTD. (a/k/a GRISTINA VINEYARDS) . Special Exception to the Zoning Ordinance, Article III, Section 100-30B for permission to establish Winery, at premises located along the north sidp of the Main Road, Cutchogue, NY; County Tax Map Parcel No. 1000-109-01-13. 8:50 p.m. Appl. No. 3764 - DENIS O'BRIEN for Variances to the Zoning Ordinance, Article III, Section 100-31 and Article XI, Section 100-119.1 for permission to erect tennis court with 10-ft. high fencing and gazebo structure in an area other than the required rearyard, at premises identified on the Suffolk County Tax Maps as District 1000, Section 3 , Block 3, Lot 3.5, along Private Road, Fishers Island, NY. . Page 6 - Notice of Hearings Regular Meeting of October 6, 1988 Southold Town Board of Appeals 8:55 p.m. Appl. No. 3778 - BRETT AND JANET KEHL- Variance to the Zoning Ordinance, Article III, Section 100-32 and removal of Conditions rendered under Appeal No. 3641 on June 18, 1987 in order to allow conversion of the subject building as livable area in proposed reconstruction plan of dwelling, at premises known as 5500 Main Bayview Road, Southold, NY; County Tax Map Parcel ID No. 1000-78-4-32. 9:05 p.m. Appl. No. 37745E -. H & S ASSOCIATES Special Exception to the Zoning Code, Article VII, Section 100-70B for permission to construct addition to existing building, (maintaining .the westerly yard setback),for use partly for sales of auto parts, added storage, and engine-rebuilding shop, at premises located along the north side of the Main Road, Cutchogue, NY; County Tax Map •Parcel No. 1000-102-2-24. 9: 15 p.m. Appl. No. 3776 - HOWARD AND MARGARET BRODIS. Special Exception to the Zoning Ordinance, Article III , Section 100-30B(15) for permission to establish Accessory Apartment in a proposed addition to existing dwelling, at premises known as 435 Eastward Ct. , Mattituck, NY; County Tax Map Parcel No. 1000-115-7-9. Page 7 -- Notice of Hearings Regular Meeting of October 6, 1988 Southold Town Board of Appeals 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: September 16, 1988. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN By Linda Kowalski -----------------------------------------------------------------x Notice to Newspapers: Please publish the above Legal Notice once, to wit, Thursday, September 29, 1988 and forward 11 Affidavits of Publication to: Board of Appeals, Main Road, Southold, NY 11971. -----------------------------------------------------------------x FORM NO.a TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No. Date . 4 . . . . . . . . . . . . ., 19 7. PLEASE TAKE NOTICE that your application dated . . . . . . . . . . . . . . . . . .. 19 . . . . . for pernlit to construct . Location of Property Hous yo. Street H�mlet l County Tax Map No. 1000 Section . . . . . Block . . . . 5�l . . . . . . I.ot X . . . . . . . Subdivision . . . . . . . . . . . . . . . ... Filed Mal) No. . . . . . . . . . . . . . . . . Lot No. . . . . . . . . . . . . . . . . . is returned herewith and disapproved on the following grounds /,:4�j . . . . . . . . . . 1 f Bui nb Inspector RV 11co � {i 0 1E C E I V E ® TOWN OF SOUTHOLD, NEW YORK / / ;r 17 AM Y4&--7L �X S Ef"649"'UN POECISION OF, BUILDING INSPECTOR APPEAL NO. &�79 DATE ............................... Southold r oW6 V'0Vh TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. p 1 (We) _e,�. rtL ct ,�,i�l�`,i�!�� °.U�4�..of A.................. . Namppellant U Street and Number i I 4te .............. ....C�........�.. .... ................................... .... . .............HEREBY APPEAL TO Munici ality THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. .................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO 41,9 R k-o Ja 0 c� /D. ............................. of Name of A�pppliiccant for per, )tyZ-0 Street and Number Municipality State ( ) PERMIT TO USE PERMIT FOR OCCUPANCY ( ) C gg L 1 F� . `� AN ll. tcL�n ��1 f 1 �v\—l.. 1. LOCATION OF THE PROPERTY .....A'�f.........°>...... ...` .. .y ..��:: .... .... ...�-... ....... Street /Hamlet Use 6istrict on Zoning Map District 1000 S � � �� s ..ection....................Block.. ...... .Lot.............Current Owner h�,� �?��C J ��ti Map No. �q Lot o• Prior Owner _ (, Aq p i 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section or ragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article 0- Section [0 D - R) I 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 Low Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 ( ) 4. PREVIOUS APPEAL A previous appeal (has) (mot) 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. .--�A.95................Dated .` .�/.........................................................� _ -B,5z9 11 - /3- aq REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( ) A Variance to the Zoning Ordinance is requested for the reason that Form ZB1 (Continue on other side) REASON FOR APPEAL Continued ,; n h 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties-or unnecesj,. sary HARDSHIP because -r kC- J 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in 1this use district because �� c,_,p,e , 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because STATE OF NEW YORKss ) COUNTY OF ignatur Swornto this ............... ........................... day of............. ............ .... 19 ........... .. ........, Notary Public LINDA J.COOPER Notary Public,State of New York No.4822563,Suffolk County ( Term Expires December 31, 1 9— TOWN OF SOUTHOLD 046PERTY RECORD CARD OV1'NER STREET' VILLAGE DISTRICT SUB. LOT - aYKa oa/os . dcu a� r- SOUNA S� Ao-N` l UCK FORMER gWNER N E ACREAGE C- fus 1 , / 7 S W TYPE OF BUILDING RES. � SEAS. VL. FARM COMM. I IND. I CB. I MISC. I Est. Mkt. Value LAND IMP. TOTAL DATE REMARKS O�v Z 0-v yov mod - lQ . f s law So%/ AGE G-o BUI DING CONDI I N IP NEW NORMAL BELOW ABOVE FRONTAGE ON WATER Farm Acre Value Per Acre Value FRONTAGE,ON ROAD ? a O Tillable 1 BULKHEAB Tillable 2 DOCK Tillable, 3 Woodland Swampland Brushland House P(�t,,. s„ P ' Total ■■■■■■I�li ��7■ ■■■■■■ ■■■■■■WIN,MEN ■■■■■■ }. ._ ■■■■■■1■■■■■■ ■■■■■■ ■■■■■■ OUR ■ ■■■■■■ ■■■■■N ESUBW ■ ■■■■■■ ■■■■iyil WON� ■ ■■■■■■ INN II ■■■■■■ISE■■M■■■■■■■■■ ■■■■■■IMVM ■■ ■■■■■■ ■■■■■■ISMti■■■■■■■■ • _I. _ __ MMI■■■■"Wl■WO■■■■■■■ • ■ii■■■i■ i■■ ■■■■■■ Foundation s � Roof Type Rooms Ist Floor Breezeway Rooms 2nd Floor Garage Dormer O . �Q/ \ 0 OHO cam\ QP 3r. J�0 23, G Gp�G ��o �10 r Off, 00,E oti /a ���L/ .� .�10 6P `'o• iS �o- C,,� \ 0 ,a o�° \ 00, O bi p r �j• Y s V� ,41• �\ > Ile S•� \10- %4- . DSO �O• ,00 00, 2 00 C �\ SURVEY FOR SEPT. I, 1988 PETER MARKOPOLOUS SEPT. 25, 1987 LOT 167 "CAPTAIN KIDD ESTATES" JUNE 22, 1987 JAN. 7, 1987 AT MATTITUCK DATE: JUNE 19, 1986 TOWN OF SOUTHOLD SCALE: I" = 30' SUFFOLK COUNTY, NEW YORK NO. 86 - 555 *UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW *COPIES OF THIS SURVEY NOT BEARING THE LAND ��p�E OF SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY ® dy *GUARANTEES INDICATED HEREON SMALL RUN ONLY TO j1 '01 i HEALTH DEPARTMENT-DATA FOR APPROVAL TO CONSTRUCT THE PERSON FOR WHOM THE SURVEY IS PREPARED AND ON HIS BEHALF TO THE TITLE COMPANY,GOVERN- •� � *NEAREST WATER SLAIN MI.~ *SOURCE OF WATER- PRIMITE_PUBLIC_ MENTAL AGENCY AND LENDING INSTITUTION LISTED *SUFF CO. TAX MAP DIiTlOO SECTION 099 BLOCK 01L LOT 24 HEREON,AND TO THE ASSIGNEES OF THE LENDING I *THERE ARE NO DWELLINGS WITHIN 100 FEET OF THIS PROPERTY INSTITUTION. GUARANTEES ARE NOT TRANSFERABLE f ` OTHER THAN THOSE SHOWN HEREON. TO ADDITIONAL INSTITUTIONS OR SUBSEQUENT N THE WATER SUPPLY AND SEWAGE DISPOSAL SYSTEM FOR THIS RESIDENCE OWNERS *DISTANCES SHOWN HEREON FROM PROPERTY LINES U WILL CONFORM TO THE STANDARDS,OF THE SUFFOLK COUNTY DEPARTMENT TO EXISTING STRUCTURES ARE FOR A SPECIFIC °' 45 OF HEALTH SERVICES. PURPOSE AND ARE NOT TO BE USED TO ESTABLISH APPLICANT- PROPERTY LINES OR FOR.THE ERECTION OF FENCES g�C (AlYO ADDRESS A TEL. YOUNG Ek YOUNG RRIIVOERHEAD, NEW YORKE NOTES: n�=STAKE ■=MONUMENT ALDEN W.YOUNG,PROFESSIONAL ENGINEER SUBDIVISION MAP FILED IN THE OFFICE OF THE CLERK OF AND LAND SURVEYOR N.Y_S.LICENSE NO.12845 SUFFOLK COUNTY ON JAN. 19,1949 AS FILE .NO.1672 TOTAL AREA = 7500 S.F. HOWARD W.YOUNG, LAND SURVEYOR *THE LOCATION OFWELL(W),SEPTIC TANK(ST)SCESSPOOLS(CP)SHOWNHEREON N.Y.S.LICENSE NO.45893 ARE FRGM FIELD OGSERIMTIONS AND OR DATA OBTAINED FROM OTHERS BRANDIS & SONS INC. 1046 �1 COUNTY OF SUFFOLK Id PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING LEE E. KOPPELMAN DIRECTOR OF PLANNING 360-5206 November 22, 1988 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) F k & Sandra Curran 3769 eter & Despina Markopoulos 3779 Very truly yours, Lee E. Koppelman Director of Planning S/s Gerald G. Newman Chief Planner GGN:mb VETERANS MEMORIAL HIGHWAY HAUPPAUGE, L.L.NEW YORK 11788 (516)360-51 92 - C 3 TOWN OF SOUTHOLD , ZONING BOARD OF APPEALS REGULAR HEARING OF THURSDAY, OCTOBER 6, 1988 Appl. No. : 3779 Applicant(s) : PETER AND DESPINA MARKOPOULOS Location of Property: Lot #16 S/s sound Beach Drive, Mattituck Tax Map ID No. : 1000- 99-1-24 October 6, 1988 Regular Meeting Present were: Chairman Gerard P. Goehringer; Member Charles Grigonis, Jr. ; Member Serge Doyen, Jr-. ; Member James Dinizio, Jr. Absent was: Member Sawicki (due to serious family illness) . Also present were: Board Assistant Linda Kowalski , and approximately 40 persons in the audience. The Chairman read the Legal Notice for this hearing , as published in the suffolk Times and L. I. Traveler-Watchman, Inc. CHAIRMAN GOEHRINGER: I have a copy of a final survey, most recent update is June 19'th. I apologize. It's September 1 , 1988 indicat- ing a two-story framed house and garage. And I believe the nature of this particular 'application would be the steps on the west side of the building. We have a Building Inspector here. Is that true Mr. Fischer on Markopoulos? MR. FISCpHER: Yes. CHAIRMAN GOEHRINGER: On the prior decision what we had done, , it restricted the steps. So we.'11 go with the people and ask them why they're here. How are you tonight? The nature of this appli- cation is what?--- The steps on the west side. Ok. And you have only built the steps that lead to the deck area. . You have not built the remaining steps that go alongside the building. Is that correct? MRS. MARKOPOULOS: No. CHAIP14AN GOEHRINGER: What you basically want to do is build the remaining steps that lead into the house. Is that correct? MRS. MARKOPOULAS: Yes. CHAIRMAN GOEHRINGER: Is there anything you'd like to say for the record? MRS . MARKOPOULOS: It'.s got to go all the way around in the fashion that we 've taken. CHAIRMAN GOEHRINGER: It appears that you have 6 feet of steps as opposed to 3 feet which you are allowed and that was the reason, I assume, the denial by the Building Inspector. So it appears to be a little more sophisticated than what you have. The only- other Page 2 - Thursday, r -,-ober 6, 1988 Public Hearing - PE' AND DESPINA MARKOPOULOS ti Southold Zoning Board of Appeals CHAIRMAN GOEHRINGER (continued) : question that I wanted to ask you is; what is going on the east side of the building basically adjacent to the wood deck? Is there a shower or something that' s going to be installed there. I saw some- thing. . . . . . MRS . MARKOPOULOS : No. Not there. Yes it is on the east. CHAIRMAN GOEHRINGER: No, no. On your property; is there anything that ' s going to be built on the east side of the building at all? MRS . MARKOPOULOS: No. Just a shower. CHAIRMAN GOEHRINGER: How big is that shower going to be? Do you know? MRS. MARKOPOULOS: It' s about 4 by 4 . CHAIRMAN GOEHRINGER: We just wanted to know that because I did see the steel grommets in the cement. We thank you for discussing that with us. Is there anybody else that would like to speak in favor of this application? The question about the retaining wall in the back of the building, you had some logs back there that are used or utilized for a retaining wall. Are they going to be moved at all or are they going to remain stable? MRS. MARKOPOULOS: They're going to remain. CHAIRMAN GOEHRINGER: They're doing to remain there. MRS . MARKOPOULOS: It ' s the retaining -wall. CHAIRMAN GOEHRINGER: It' s the retaining wall to stop the erosion of the sand coming toward the house. Thank you. Is there anybody else who would like to speak against this application? Questions from Board members? Hearing no further questions, I 'll make a motion closing the hearing reserving decision until later. All in favor - AYE. Page 3 - Appeal No. 3779 Matter of PETER & DESPINA MARKOPOULOS Decision Rendered October 26, 1988 1. There be no further encroachment into either sideyard area; 2. The easterly sideyard area must remain open and free of obstructions at all times. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and Dinizio. (Members Doyen and Sawicki were absent. ) This resolution was duly adopted. lk GERARD P. GOEHRINGER, CHAIRMAN G���Li�S. •may . .. .._ .. •. .•. ' 11Z, ........ '=53 � Sou thold Town ..Board of Appeads 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. Re BE i nnn�ncc JOSEPH H. SAWICKI James Dinizio, Jr. 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 : X Variance from the Zoning Code , Article .III , Section .100-31 Variance from Determination of Southold Town Building Inspector Special Exception , Article Section Special Permit Appeal No . : 3779 - Applicant : Peter and Despina Markopoulos Location of Affected Land : Lot #16 , Captain Kidd Estates S/S Sound Beach Driv County Tax Map Item No . : 1000- 99-1-24 Mattituck, NY Within 500 feet of: Town or Village Boundary Line X 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 construct steps and walkways in westerly sideyard area. Copies of Town file and related documents enclosed for your review. Dated : November 9, 1988 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 3, 1988 JAMES DINIZIO, JR. Mr. and Mrs. Peter Markopoulos 222-08 43rd Avenue Bayside, ,NY 11361 Re: Appeal No. 3779 - Variance Dear Mr. and Mrs. Markopoulos: Transmitted herewith for your file and perusal is a copy of the determination rendered by the Board of Appeals concerning the above application. Please be sure to return to .the Building Inspectors` Office, and any other agencies which may be involved, for other actions or permits which are appropriate. Copies of this decision have 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 o y s Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765 1809 APPEALS BOARD October 6 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 APPEAL NO. : 3779 PROJECT NAME: PETER AND' 'D'E'SP'INA' MAR'K'OP'OU'L'OS 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 sigiifi- 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 applicatio;n''pending for the same or similar project. TYPE OF ACTION: [X] Type II [ ] Unlisted [ ] Exempt DESCRIPTION OF ACTION: Approval' of structures) with reduced sideyards LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more particularly known as: Sound Beach Drive,.. Mattituck, NY 99-1-24 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) Construction proposed is landward of existing structures. (3) 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. me NOTICE OF HEARINGS, NOTICE IS HEREBY 1. `— GIVEN, pursuant to Section 267 of the Town Law and the 8:00 Appl. No 3758—' 9:15 m. A 1 N Code of the Town of Southold, T�3EODORE KUDLINSKI 8:40 —Cp.m r►ppt. U E p• pp, o:3776- 3769SE—CU a/k/a E HOWARD'AND MARGARET the followinghearings will be �• Variance to .the. Zoning g FARMS LTD. (a/k/a GR1S- held by the SOUTH OLD Ordinance, Article.I11, Section 13RODIS• Special Exception to TINA VINEYARDS). Special the Zoning Ordinance TOWN BOARD OF APPEALS 100-31 for permission to.con- g , Article Exception toti the Zoning Section I11;Section'100-30B(15)for per- at aRegular Meeting at the struct open deck addition.,with -nance, Article III, Section Southold Town Hall, Main an insufficient rearyard setback a mission to establish Accessory from existing dwelling, p 100-30B for permission to estab- Apartment in aproposed Road, Southold, NY 11971, on g g, at re-. lish Winery,at premises located p ling, addi- THURSDAY OCTOBER 6 mises known as 605 Highwood tion to existing dwelling,.at p�e- > along the north side of the Main mises known as 435 Eastward 1988, at the following times: � Road, "Highwood.at Bayview" Road, Cutchogue, NY; County 7:35 p.m. Appl. No. 3765— Subdivision Lot No. 8, Tax Map Parcel County Ct.,Mattituck,NY;County Tax JOSEPH SPITALIERE for, a Southold,NY;County Tax Map Map Parcel No. 1000-115-7-9. 108:5 0p.m. 3. `' The Board of'Appeals will at Variance to the Zoning Ordi- Parcel No. 1000-78-9-50. 8:50 p.m. Appl. No: 37r,4= nance, Article III, Section 8:05 p.m.ELSIE D.YOUNG. said time and place hear any and 100-31 for the placement of a Appl. No..3760SE—Special to the O'BRIEN for Variances all. persons.,or representatives p to the Zoning Ordinance, Arti- new dwelling structure with a re- Exception to the Zoning Ordi- desiring to be heard in each of duced setback from the front nance for permission to estab-. cle III, Section 100-31 and Ar- the above matters.Written com- -ticle XI Section 100-119.1 for. property line. Location of Pro- lish Accessory Apartment in an ments may also be submitted permission-to erect tennis court Dr to the conclusion of the perry: Right-of-way located existing dwelling structure in ac- with 10-ft. high fencing and p along the east side of Cedar cordance with the requirements subject hearing. Each hearing. of Article II1,Section 100-30B gazebo structure in an area other will not.start before the time al- Beach Drive, Southold, .(just ... than the required rearyard,.at lotted. For more information south of'General,Wayne Inn subsection 15.Location of Pro--• • , Y ) premises identified on the Suf- lease call 765-1809. and extending in an easterly and petty: 480 Grisson Lane, folk County 'Pax Maps as Dis- p thence southerly direction to this Southold,NY;County lkx;Map Dated: September 16, 1988. trio 1000, Section 3, Block.3, BY ORDER OF parcel identified on the Suffolk Parcel No. 1000-78-1-10:3. Lot ?ti along Private Road,• THE SOUTHOLD TOWN County Tax Maps . as. :.Appl. No. 3761 V—Variance Fishers Island, NY. 1000-90-4-14. to the Zoning Ordinance, Arti BOARD OF APPEALS cle III Section 100-30B 15 M 8:55 p.m. Appl. No. 3778 GERARD P. GOEHRINGER, 7: N A Appl. DRo. CUR-769—' ( )� BRETT AND JANET KEHL— CHAIRMAN FRANK AND SANDRA CUR- to allow conversion of dwelling Variance to the Zoning Ordi- RAN for a Variance to the Zon- for Accessory Apartment with By.Linda Kowalski 3S Certificate of Occupancy nance, Article III, Section 1X,9/29/88 50 ing Ordinance,Article III, Sec- p y dated 100-32 and removal of Condi- ( ) anc tion 100-31 for construction of after January 1, 1984,although tions rendered under Appeal a pool with deck and fence en- Affidavit of Building Inspector No. 3641 on June 18, '1987 in All closure with an insufficient indicates dwelling met, the, order to allow conversion of the frontyard setback and excessive. requirements for a Certificate of subject building as livable area y Occupancy had application lot coverage(over 20 percent),at in proposed reconstruction plan r\ premises known as 780 Hay- been made in a timely fashion. Y of dwelling,at premises known waters Road, Cutcho NY• Location of Property:480 Gris g ue, as 5500 Main Bayview Road, County Tax Map Parcel No. son Lane,Southold,NY;Coun- ty Southold, NY;County lax Map J, 1000-111-01-016. Tax Map Parcel No. Parcel ID No. 1000-78-4-32. 7:45 p.m. Appl. No. 3763— 1000-78-01-10.3. 9:05 p.m. Appl. No. JOHN J. JESSUP for a Vari- 8:15 p.m.JOHN T.BEEBE—6 3774SE—H&S ASSOCIATES. ance to the Zoning Ordinance, Variances to the Zoning Ordi- Special Exception to the Zoning Article I11, Section 100-31 for nance, Article II1, Section Code, Article; VII, Section construction of an addition at 100-31 for approval of insuffi- 100-70B for permission to con- - the westerly side of the existingcient area and width of two pro- posed parcels in this proposed struct addition .existing` dwelling with a reduction'in the building,(maintaininin g the west- total sideyards, at premises set-off division of land,located erly yard setback)'for-use part- known as 90 East Road,Cutch- ! along Beebe.Drive, Cutchogue, o u r: NY;Count ••: ly for sales of auto parts,added. g e,NY,County Tax Map Par- - y -Map.Tareel No. storage, and engine-rebuilding. cel No. 1000-110-7-15. 1000403-3-part of Lot 5. shop,at premises located along 7:50 p.m. Appl. No. 3759— 8:20 p.m.ROBERT AND DI- ANNA BAKER.Special Excep- the north side of the Main TONY SCARMAIU. INC. for tion to the Zoning Ordinance, Road, Cutchogue, NY; County a Variance to the Zoning Ordi- Tax,. Map Parcel No. nance, Article XI, Section Article III,Section 100-30B(16) 1000-102-2-24. 100-119.2 for approval of gazebo ,• for permission to establish Bed structure with insufficient and Breakfast establishment in an existing dwelling;at premises setback from an existing bulky head along Peconic Bay,at pre- known as 2900 Boisseau•Ave- mises known as., 235 nue,Southold,NY;County Tax Huckelberry Mill Road, East " Map Parcel No. 1000-55-6-9. Marion, NY; County lax Map 830 p.m. Appl. No. 3779—. Parcel No. 1000-31-16-9. PETER AND DESPINA MAR- 7:55 p.m. Appl. No. 3755SE KOPOULOS for a Variance to j -TIMOTHY COFFEY AND the Zoning Ordinance, Article THE COVE AT SOUTHOLD III, Section 100-31 and prior Ifl�. Special Exception to the Appeal No.3623 rendered May Zoning Ordinance, Article III, 11, 1987 for approval of struc- j Section 100-30C, for permission ture(s)with reduced sideyards,at to erect off-premises sign. Loca- premises known as Lot #16, tion of Property: South Side of Captain Kidd Estates,along the Main Road, Southold, NY; south side of Sound Beach County Tax Map Parcel No. Drive, Mattituck, NY; County 1000-75-06-7.3. (Recessed from I Tax Map Parcel No. Prior Meeting). 1000-99-1-24. — -COUNTY OF-SUFFOLK STATE OF NEW YORK SS: Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for . . . . . . . . . . . . . . . . . . . . . . . . . . . weeks successively, commencing on the . . . . . . . . . . .r, .9 d o G, . . ^, 1.9.. . . . . . . . . . . . .U U. . . . , i h fr Sworn to before me this . . . . . . . . . .a.�. . . . . . . . day of 19 . . . . Notary P lic IC/1EPa �V. EOERGESSON NOTARY PUBLIC, State of New York No. 4342180 Qualified in Suffolk county Commission Expires g/� ❑on of rroperty.auum aiu, Main Road,- Southold, NY; south side -'of bouna •tseacn .._.._... �_. .,____. Drive- Mattituck. NV! C`nnntv'.. _ regal Notices mal Exception to the Zoning Ordi- Map Parcel No.1000-55-6-9. nance,Article III.S igi6100-30C, 8:30 p.m.Appl.No.3779—PE- forpenmssior ectoff-premises TER AND DESPINA M) NOTICE OF HEARINGS sign. Locatioi Property: South _ OpOU O�for a Variance 1 NOTICE IS H1�REBY'GIVEN, Side of Main xoad,Southold;NY; Zoning Ordinance,Article III,Section mursuant to Seetip?'26To"'f't�te Town County Tax Map Parcel No. 1000 100-31 and prior Appeal No. 3623 aw and the Code of the Town of. 75-06-7.3 (Recessed from Prior SS: Meeting). rendered-May 11,1987 for approv ;outhold,the following hearings will )e held by the SOUTHOLD TOWN '8:00 p.m:"`Appl'. No. 3758 of,structure(s)with reduced sideyards, DO < at premises known as Lot #16, BOARD OF APPEALS at a Regglar Captain Kidd Estates, along south leering at the Southold Town H$31, Variance to the Zoning Ordinanc side of Sound Beach Drive, ntento of Mattituck, In fain Road,Southold,NY 11971,on. Article III,Section 100-31 for per ...Mattituck, NY;.County Tax Map y p 'HURSDAY.OCTOBER 6. 1988 at mission to construct open deck add" Parcel No.1000-99-1-24. I sworn says that he/she Is Principal to followingtirriesi lion with an insufficient rearyard set= a:ao p.m. E FANS 3769.E / K TIMES, a Weekly Newspaper, 7:35 m. Appl. No. 3765 — back from existing dwelling, at'°'.�' P• PP CUTCHOGuF FARMS LTD.talk/a OS "PH P1TA . . "fora Variance premises known as 605 Highwood` In the Town Of Southold, County of Road, "Highwood.at Bayview:': _GRISTINA VIN .YARDS).Special the Zoning Ordinance,Article III, Subdivision Lot No. 8, Southold; Exception to the Zoning.Ordinance, ew York,and that the Notice of which ection 100 31 for the placement of a NY; County Tax Map.Parcel No,. Article III,Section 100-30B forper- ew dwelling structure with a reduced copy,has been regularly published in etback from the front r line 1000-78-9-50~ mission to-establish Winery, at P°� S:OS p m.ELSIE D.YOUNG Premises located along the north side a each week for 1 weeks ovation of Property: Right-of-way Appl.No. 3760SE—Special of the Main Road, Cutchogue,NY; 29 ea ch along the east side of Cedar ". pp' n County Tax Map Parcel No. 1000- nCIOg On theday of ;each Drive,Southold,(just south of:`°'>' Exception to the Zoning Ordinance � , =eral Wayne Inn)and extending;in for permission to.establish Accessory 109 01-13.'.' :•... No . ,7..... Apartment in an'eldstin dwelling 9:50 p.m. Appl. No. 3764 — n easterly'and thence southerly g g `DENIS Q:B1UM for Variances to the irection to this parcel identified on., structure in accordance'with there- 100-30B,s s Article'III, Section Zoning Ordinance,Article III,Sectiohn&m me Suffolk County Tax Maps as 100-n1 and Article Article Section Section 000-904-14. ;; 100-30B,subsection 15.Location of. Property: 480 Grissom Laney 119:1 for permission to'erecttennis 7:40 p.m.'Appl. No..3768 Southold, NY Count Tax Map. �-�coury with 10-ft..high,fencing.and. RANK-AND SAND RA iRRAN Y gazebo structure in an area other than mr a Variance to the zoningOrdi- Parcel No.1000-78-1-10.3. _ Principal Clerk Appl.No.3761-V—yariance .{.,the:required rearyard, at premises ante,Article III,Section 100-31 for to the Zoning Ordinance,Article , -rdentift III ed on the Suffolk County Tax onstruction of a pool with deck and :r .:Section 100-30B(15)(M) to allow- Maps as District 1000, Section 3, P41 nce enclosure with an insufficient -'.;: Block 3,Lot 3.5,along Private Road, old ontyard setback and excessive lot conversion of dwelling for Accessory /� 8 6fro Apartment with Certificate of Occu= Fishers Island,NY. _;. lisV Overage (over 20 percent),, at pancy dated after January 1,1984,al=:'` ';:`'"8:55,p.m. Appl. No. 3778 — remises known as 780 Haywaters. though Affidavit of Building Inspector .; ',liRETT AND JANET KEHL — 4e:2 m oad,Cutchogue,NY; County Tax indicates dwelling met ,the re-; "Variance to the Zoning Ordinance, MAR Y K.DEGNAh tap Parcel No.1000-111-01-016. „ - g NOTARY PUBLIC,State of New York quirements for a Certificate of Occu- Article III,Section IW-32 and re- S 7:45 p.m. Appl. No: 3763 -T' ,.', moval of Conditions rendered underT � Uffolk County fvo.4`4�iS o0 pancy had application been madein a�" 'T�r!n Expires Februarby 19)HN J.JESSUP for a Variance to . timely fashion.Location of Property: ,;;`'Appeal No.3641 on June 18, 1987 (( /r le Zoning Ordinance, Article III, `"480 Grissom Lane, Southold, NY; m order to allow conversion of the xtion 100-31 for construction of an County Tax Map Parcel No. 1000 subject building as livable area in ldition at the westerly side of the 78-01-10.3. proposed reconstruction plan of fisting dwelling with a reduction T' 8:15 p.m. JOHN T. B - B .— dwelling,at premises known as 5500 e total sideyards,at premises known Variances to the Zoning Ordinance; Main Bayview Road,Southold,NY; 90 East Road, Cutchogue, NY; "r "County Tax Map Parcel ID No. 4' ounty Tax Map Parcel No. 1000' Article III, Section 100-31 for ap- Count 8 Tax - f 0-7-15. proval of insufficient area and width of two proposed parcels in this pro- 9;05 p.m.Appl.No.3774SE—� 7:50 p.m. Appl. No. 3759 — posed set-off division of land,located. . .ASSOCIATES Special-Ex,.,-. ONY SCARMATO INC,fora along Beebe Drive,Cutchogue,NY; ception to-the Zoning Code, ,Article.., ariance to the Zoning Ordinance; County Tax Map Parcel No: 1000 rV11,Section 100-70B for-permission rticle XI,Section 100419.2 for ap-- 103-3-part of Lot 5. ;-. -to construct addition to existing oval of gazebo structure-with an. 8:20 p.m. ROBERT AND I)I= ";building, (maintaining'the'westerly' sufficient setback from an existing ANNA BAKER.Special Exception to yard setback)for use partly for sales 11khead along Peconic Bay, at the Zoning Ordinance, Article III, of auto parts;added storage,and en- cruises known as 235 Huckelberry Section 100-30B(16)for permission gine-rebuilding shop,.at premises lo- ill Road,East Marion,NY;County- ,to establish Bed and Breakfast estab- - cated along the north side of the Main tx Map Parcel No.1000-31-16-9. lishment in an existing dwelling, at Road,Cutchogue;NY; County Tax 7:55 p.m. Appl. No. 3755SE.— premises known as 2900 Boisseau..: Map•ParcelNol`1000-102-2-24. MOTHY COFF Y AND THEAvenue,Southold,NY;County Tax .9:15 P.M. Appl. No: 377,6 WE AT SOUTHOLD,INC.Spe ,. HOWARD 'AND MARGARET__ l BkODIS.Special Exception to the '.':mitted-prior to the conclusion of the Zoning Ordinance,Article III,Section subject hearing.Each hearing will not 100-30B(15)for permission to estab- -start before the time allotted. For lish AccessorX Apartment in a pro- more information, please call 765- posed-addition to existing dwelling,at _ 1809. prerptses knotbn as 435 Eastward Ct., Dated:September 16,1988. Mattrtuck, NY; County Tax Map BY ORDER OF Parcel No.1000-115-7-9. THE SOUTHOLD TOWN The Board of Appeals will at said BOARD OF APPEALS time-and place hear any and all per- GERARD P.GOEHRII�TGER, sons,or representatives desiring to be CHAIRMAN heard in each of the above matters. -"" By Linda Kowalski Written comments may also be sub- 6071-1TS29 Kh 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. ROBERT J. DOUGLASS JOSEPH H. SAWICKI 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. Someone should appear in your behalf during the public hearing. Questions may arise from Board Members or persons in the audience during the hearing. Your hearing is expected to start at the time advertised in the Legal Notice, and you will not be required to appear earlier. Please feel free to call our office prior to the hearing date if you have any questions or wish to review your file. .y Yours very truly, . GERARD P. GOEHRINGER CHAIRMAN lk Copies to the following on. or about 9/21/88: Mr. Joseph Spitaliere (picked up personally 9/21/88) Environment East, Inc- as Agent for Frank and Sandra Curran as Agent for John J. Jessup 3075 Indian Neck Lane Peconic, NY 11958 J. Kevin .McLaughlin, -Esq. as Attorney forTony Scarmato, Inc. 828 Front Street, Greenport, NY 11944 Mr. Wilbur Klatsky, The .Cove at Southold, 5044 Expressway Drive South, Ronkonkoma, NY. 11779 Mr. and Mrs. Alvan Terry, Box 35, Main Road, Peconic, NY 11958 Re: .. The Cove at Southold - Sign Mr. Theodore S. Kudlinski, Jr. 605 Highwood Road, Box 1052, Southold, NY 11971 Mrs. Elsie D. Young 480 Grisson Lane, Southold, NY 11971 4 .. Abigail ,A. Wickham, Esq. as Attorney ,for John T. Beebe Main Road, Box 1424, Southold, NY- 11971 Mr. and Mrs. Robert Baker 2900 Boisseau Avenue, Southold, NY 11971 1-- r. and Mrs. Peter Markopoulos 605 Sound Beach Drive, Mattituck, NY 11951 Richard F. Lark, Esq. as Attorney for Cutchogue Farms Ltd. Main Road, Box 973 , Cutchogue, NY 11935 J. Kevin McLaughlin, Esq.. as Attorney - for Petrol Stations Re: Cutchogue Farms Ltd. 828 Front Street, Box 803 Greenport, NY 11944 Mr. Allan P. Shope as Architect for Denis O'Brien 18 West Putnam Avenue Greenwich, CT 06830 Mr. and Mrs. Brett Kehl 5500 Main Bayview Road Southold, NY 11971 , r Mail List continued for October 6, 1988 Legal Notice: H & S Associates P.O. Box 915 Cutchogue, _NY . 11935 Mr. and Mrs. Howard Brodis 435 Eastward Court Mattituck, NY 11952 Suffolk Times, Inc. Main Road Mattituck, NY 11952 L.I. Traveler-Watchman, Inc. Traveler Street Southold, NY 11971 Individual ZBA files ZBA Members Building Department (V. Lessard) Supervisor and T.B. Members Town Attorney Town Clerk Bulltin Board (west side) Z.B.A. Bulletin Board (east side) CN e'' 7 < ZQy"t v Town Hall, 53095 Main Road P.O. Box 1 179 N Southold, New York 11971 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: September 8, 1988 Transmitted herewith is Zoning Appeal No. 3779 application of Peter and Despina Markopoulos 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 Disapproval 'from the Building Department; survey of property; and any other attachments relative to this application. • ..+� Judith T. Terry Southold Town Clerk •' ,14-16-4(2/87)—Text 12 PROJECT I.D.NUMBER 617.21 SEQR Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART 1—PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT/SPONSOR 2. PROJECT NAME ft-.-t r 1 a r 3. PROJECT LOCATION: (" Municipality 0 J 0 0r County k 4. PRECISE LOCATION(Street address and road intersections,prominent landmarks,etc.,or provide map) �0 n� �o'L�n a(`• Qa�l..c.� o!t i tom— Mus 95z 5. IS PROPOSED ACTION: ❑New ❑Expanslon ❑Modification/alteration 6. DEiPCRIBE PROJECT BRIEFLY: G� 7. AMOUNT OF LAND AFFECTED: Initially acres Ultimately acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ❑Yes ❑No If No,describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? +L7 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 11 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: Date: Signature: 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 (Continued on reverse side) r The N.Y.S. Environmental 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) I£ 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 _V/NO 2. Will there be a major change to any unique or unusual land form on the site? Yes No 3. Will project alter or have a large effect on an existing body of water? Yes ✓ No 4. Will project have a potentially large impact on groundwater quality? Yes J No 5. Will project significantly effect drainage flow on adjacent sites? Yes No 6. Will project affect any threatened or endangered plant or animal species? Yes INO 7. Will project result in a major adverse effect on air quality? _Yes No 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 J No 10. Will project have a major effect on existing or future recreational opportunities? Yes LNo 11. Will project result in major traffic problems or cause a major effect to existing transportation J 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 J 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 _LNo period or have a major negative effect on the character of the community or neighborhood? 15. Is there public controversy concerning the _ project? _Yes J No Preparer's Signature: o Representing: Date: �0 1 Y 8 ZBA 9/75 BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of . ft-tICC Qp IDUC ICLs NOTICE ' TO to the Board of Appeals of the Town of Southold ADJACENT TO: PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a(Variance) (Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which is the subject of the Petitio is located adjacent t your property and is des- cribed as follows: (n0.S cSOLL(l &S PCxC� � V'��P. -a�- 3. That the property ihich is Rh�e subject of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: �t?Ai('P A oc rLc� Prn`�rq S+r'u C-rkreS 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article JTF Section_ j 00—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) 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 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- fAbe-Y. Petitioner Owners ' Names :. �fi ti� 9� .t.,r=ti = + r Post Office Address Tel . No. ( jl, ) ri [Copy of sketch or plan showing proposal to be at-t•a=c'h.ed for., c.,o.n,�:en�;ence purposes . ] PROOF OF MAILING OF NOTICE ATTAC4, CERTIFIED MAIL RECEIPTS NNAM. E ADDRESS .a STATE OF NEW YORK ) ss.: ' COUNTY OF SUFFOLK) residing at -0 f'. AIS4 M 3 being duly sworn, deposes and says that on the . day of .. 19. C deponent mailed a.true copy of the Notice set forth on the re- verse siddfhereof, 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 assess e t roll of the Town of Southold;that said Notices were mailed at the United States Post Of- fice at (1 tom. Alq ;that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to before me this 8 day.of D / .w , 19 Ile otary Public UNDAJ.COOPER Notary Public.State of New Y Term Expires Deco�3C1..1 (This side does not have to be completed on form transmitted to adjoining property .owners.. ) BOARD OF APPEALS, TOWN OF SOUTHOLD n the M tier oy the Iletition of Q 42 LU .�' NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (Special Exception) (Special Permit) (Other) [circle choice] 2. That the property whic is the subject of "the_ P�etiti�a VC ocated adjacent to your property and is des- cribed as follows: (OOS � � (<U�P (,tN�{'� !f 11 e- t ODB 3. That the praperty which is t e subject of such Petition is located in the following zoning district: 4. ra, by uch1Petiti n,, the undersigne Kda will request the following relief. &' -- 71 Ja 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article 71-C Section P n o-a , [ ] 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) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals;that a.notice of such hearing must'be published at-least,five.days prior to the-date of such hearing in the Suffolk Times'and in the:Long Island Traveler-Mattituck Watchman, newspapers published in the Town-of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at`such hearing.` Dated:,/,4_.P_4i0A/ Petitioner Owners ' Names 4je.r Post Office Address �0 f ,Sod Tel No . 38 [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 OFSUFFOLK) residing at -..being duly sworn, deposes and says that on the day of , 19. ,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 ;that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to before me this day of ; 19 Notary Public (This side does not have to be completed on form transmitted to adjoining property .owners.. ) BOARD OF APPEALS, TOWN OF SOUTHOLD In the M tter or the P tition of 0 S NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (Special Exception) (Special Permit) (Other) [circle choice] 2. That the propertyy which is t e subject of he Petiti n is located adiacen toyouur, pr perty nd is des- cribed as follows: 9OS` 6 0 u Y!c( t�e.aC f� l �f" 3. That t property which 'p the subject of such Petition is located in the following zoning district: des i e / 4. Thatb J such Petition, the u d riigned will requ st the fgjt wing relief: G �- c, S t 'e a O �S_�12,9 <� — /17 Y o-e's 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article i(J Section 110 0 - 3 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) 7d5-1809. 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 th�:date of such hearing in the Suffolk Times and'-in the.Long Island Traveler-Mattituck.Watchman, newspapers published-in the Town of South old.:and.designated for the publication of such notices; that you or your representative have the, right-to appear nd'be heard at such hearing. Dated: Petitioner \ Owners ' Names : e-ke-C ,�`� 1'►'Iw�ko� oJIDS Post Office Address (0 0 S o n L,C,L L -9 t i 04-- Tel . No. ( 5 ►6 ) L9 V- 7 38 [Copy of sketch or plan showing proposal to be attached for convenience purposes . ] PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS r , STATE OF NEW YORK ) ss.: COUNTY OFSUFFOLK) residing at being duly sworn, deposes and says that on the, day of , 19 ,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 ; that said Notices were mailed to each of said persons by (certified)(registered) mail. Sworn to before me this day of 119 Notary Public (This side does not have to be completed on form transmitted to adjoining property .owners.. ) BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matt r or the Petition of NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which is the subject of the Petition�i I�cated�adjacent to yo,ur propert, and�is des- cribed as follows: 41 d_�- S r-�c��'i op /3 Pr C � i Cam` 3. That the pro erty wh' h is th2,u bject of uch Petition is located in the following zoning district: -c, P 4. That by such Petition, the undersigned will reques the following relief: p v 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed.are Article ::: ' Section. 1 00 - F, i [ ] 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 must be published at least five days prior to the date of such hearing in the Suffolk Times and in thi .Long'lsland 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: Petitioner Owners Names .� icir k oPak�aS Post Office Address Tel . No. ($-14) 9 [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 ) sa : ' COUNTY OFSUFFOLK) residing.at being duly sworn, deposes and says that on the day of. - , 19 , 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 ;that said Notices were mailed to each of said persons by (certified).(registered) mail. Sworn to before me this day of , 19 Notary Public (This side does not have to be completed on form transmitted to adjoining property .owners.. ) r w QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED WET11 YOUR APPLICATTON FOU I.1S TO ` 11E BO TD ou APPEALS Please complete, sign and return to,,' the Office of the Board of Appeals with your completed application forms. If "Yes" is answered to anv questions below, please .be sure to`. depict these areas on your survcv (or certified sketch) , to scale, and submit other supporting documenta- tion. 1. Are there any proposals to change or alter land contours? Yes No 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 No b)Are there any areas open' to a waterway without bulkhead? Yes Lo 3. Are there existing structures at or below ground level, such as patios, foundations , etc? Ces _,No 4. Are there any existing or proposed fences, cancrete barriers , decks, etc? CYesNo 5. If project is proposed for an accessory building or structure, is total height at more than 18 feet above 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 NO 7. Are there other premises under your ownership abutting this parcel? If yes, please submit copy of deed. Yes No 8. Are .there any building permits pending on this parcel (or abutting land under your ownership, if any) ? Yes CO 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 Town Board Yes FO Town Trustees Yes Co~ County Health Department Yes To Village of Greenport Yes G�l N.Y. S .D.E.C. Yes < a Other Yes 4o 10 . Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale. (from contract) Yes 11. Is new construction proposed in the area of contours at 5 feet or less as exists? Yes No 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 CN:o,/ 13. Please list present use or operations conducted upon the subject property at this time and proposed C#_S, " ,9 Please submit photographs for the record. I certify that the above statements are true and are being submitted for reliance by the Board of Appeals in considering my application. Sign ture (Proper y Owner) Authorized Agent) 1/88 t WETLANDS (Amended 8-26-71; by L.L. No. 2-l!)76; 3-26- - 85 by L.L. No.G-1J,45J: r A. TIDAL WETLANDS: (1) All lands generally cover(,(] or intermittently cov- eretl with,or which border on, tidal waters, or hinds lying beneath tidal waters, which at mean low tide are covered by tidal watery to a maximurn depth of five (5) feet, including but not limited 'to banks, bogs, salt marsh, stivaml)s. meadows• flats or other IOW lying lands subject to tidal action; (2) All banks, bogs, meadows, flats and tidal marsh subject to such tides and upon which grows or may grow some or any of the followinlr: 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. . FRESIiWATER WETLANUS: (1) "Freshwater wetlands"as defined in Article 24, Ti- tle 1, § 24-0107, Subdivisions 1(a) to 1(d) inclusive, of the Environmerital.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 of a"freshwater wetland." ( 9705 2.25•H5 t