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3637
'y Southold Town Board of Appeals 40 °® MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3637 Application Dated May 20 , 1987 TO: Charles Kapote-s , M . D-. [Appellant (s) ] 220-.40 64th Avenue Bay_s'i de-,. 'NY _ .1 1.36.4 At a Meeting of the Zoning Board of Appeals held on June 30 , 1987 , the above appeal was considered, and the action indicated below was taken on your . [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article Section [ X] Request for Variance to the Zoning Ordinance Article III , Section 100' 31 (100-.32 ) [. .] . . Request. for. . . . . Application of C. KAPOTES AND A. •HOMAYUNI for a Variance to the Zoning Ordinance , Article III , Section 100-31 (100-32 ) for permissi-o.n to construct de.ck addition to dwelling with an .insu_fficient frontyard setback from Soundview Avenue. Location of Property : East-- Side of Goldin Avenue and south side of Soundview Avenue ; Southold ,__-'NY ; County Tax Map Parcel ID No .. '1.000-1.35=.2-.22 .. . WHEREAS , a public hearing was held and concluded on June 18 , .1987 . in the Matter of the Application of C. KAPOTES and 'A< 'HOMAY.UNI under , Appe.al. No . 3637 ;._ and WHEREAS; at said hearing all those who desired to be heard were heard and their testimo'ny_. recorded ; and .WHER.EAS , the-Board has carefully considered all testimony and documentation submitted concerning this applicat.i._o.n ; and WHEREAS , the Board Memb-ers have personally viewed and are familiar with the premises in question , its present zoning , a.nd _the surrounding areas ; and... WHEREAS , the Board., made the following findings of fact : 1 . By this application , appellants request a Variance from the Provisions of Article II_I , Section 100-.31 (100-32 ). of the Zoning Code for permission to construct deck _attached to the dwel.l.ing ,along the north side of a size 12 feet by 60 .feet ,. 1_eaving -an -insufficient frontyard setback off of Sou.nd View Avenue at its.- closest point at 13.5 feet. 2 . The premises in question is . a corner lot with frontages of 109 . 83 feet along Sound View -Ave'nue and 100 . 00 .feet along the east side of Goldin Lane , having an area of 10 ,500± sq ft . , and referred .to as, Lot 4 , part of Lots 8 & 9 , Map of "Subdivision of Property - Nathan Goldin" filed in th.e Suffolk_ County Clerk ' s Office November 22 , 1932 as Map No . 1106 . (CONTINUED ON -PAGE ._TWO ) DATED-- June 30 , 1987 . CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Page 2 - .Appeal No . 3637 Matter of C . KAPOTES AND A. HOMAYUNI Decision Rendered June 30 , 1987 3 . The.. subject premises is located in the "A" Residential and Agricultural Zoning. District and is improved with a 140.8± sq . ft . one-story dwelling structure constructed about 1959 . 4 . For the record , it is noted that by prior applica- tion under Appeal No . 135 , this premises received a conditional approval to construct a duplex with outside dimensions not to exceed 74 ft . by 20 feet four inches, and with a setback - distance of not less than 26 feet parallel to Sound View Avenue , dated February. 5 ,. 1959 : . 5 . Article III , Section 100=.31 , Column "A" of the Bulk Schedule of ,the' Zoning Code requires minimum frontyard setbacks at 35 feet. ' (Section, 100-32 i..s not applicable since this addition does not fall under the definition of "accessory . 6 . The percentage of relief requested is 60% (21 . 5 feet) from the requirements , _and _50% .._(12... feet ) from the established 26± setbacks in the immediate area . . 7 . The Courts have held that area setback variances must meet_ the "practical difficulties" standard , considering at least the following : (a ) that the--relief requested is not substantial. i_n relation to the requirements ; (b ) that the project as- proposed is not out of- character with the.- neigh- borhood ; (c)_- that the circumstances of the property are . unique and are not personal in nature ; (d ) -that the variance w,i,ll not in turn _be adverse to the safety , health , welfare , comfort , convenience or order of the town ; (e,) tha_t the variance requested is the minimal necessary ; (f) that there is no other method feasible for appellants to pursue . 8 . This Board sympathizes with petitioners ' plight , however , the. Board finds that the criteria set by the Courts has not been sufficiently met and therefore lacks authority to grant the relief as requested . 9. The-:board Members recommend a lawn patio or similar type of patio area flush with the ground and in compliance wi.th the- .Zoning Code as an alternative , subject to approval by the Bu.ildi'n.g Inspector , without the, necessity of a variance for a structural extension . In-" considering this a.ppeal , ' the Board also finds and determines : (a ) '- the percentage. of relief requested is . substantial ; (b) the circumstances of the property are not unique ; (c ) the setbacks as proposed are not within the character of the neighborhood or within the spirit- of the - zoning ordinance ; (d ) there is' another method feasible for 'appellants to pursue other than a variance ; (e ) . that the relief requested is not the minimal necessary; n Page 3 - Appeal No . 3637 Matter of C . KAPOTES AND A. HOMAYUNI Decision Rendered June 30 , 1987 (f) that in -view of all the above factors , the interests of justice will be served by denying the relief as applied . Accordingly , on motion by Mr. Douglass , seconded by Mr . Sawicki , it was RESOLVED , to DENY the insufficient setback as requested at 13 . 50± feet from the front property line along Sound View Avenue fora proposed deck extension as applied in the Matter of C . KAPOTES AND A. HOMAYUNI under Appeal No . 3637 . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Douglass and Sawicki . (Member Doyen of Fishers Island was absent . ) This resolution was duly adopted. r l k GERARD P . GOEHTZINGER, CflAIRMAN July 14., 1987 t s i NOTICE OF 'HEARINGS NOTICE IS HEREBY GIVEN , pursuant to Section 267 of the Town Law and the Code of the Town of Southold , the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting at the Southold Town Hall , Main Road , Southold , New York, on THURSDAY , J'UNE_ 'T8 ; "1987'; .at the following times 7 : 35 p .m. Appl . No . ' 36.05 - 'TED DOWD. Variance for Approval of Access pursuant to New York Town Law , Section 280- a , over a private right-of-way located off the north side of the Main Road , Southold , and extending to the applicant ' s premises , identified on the Suffolk County Tax Map as District 1000 , Section 56 , Block 1 , Lot 5 . 1 (5 ) , containing 7 . 3± acres . 7 : 40 p .m. Appl . No . 3632 - Rehearing on Amended Application of NORTH FORK 'EARLY LEARNING CENTER. Variance to the Zoning Ordinance, Article III , Section 100-.30 (A) to permit the estab- lishment of a Day-Care Center , at premises referred to as the Veterans Community Center , north side of Pike Street , east side of Wickham Avenue , and south side of Hill Street , Mattituck , NY ; County Tax Map Parcel ID No . 1000- 140-2' 39 , containing 1 . 75± acres . 7 : 45 p .m . Appl . No . 3637 - C .' KAPOTES AND A. HOMAYUNI . Variance to the Zoning Ordinance , Article III , Section 100-31 (100-32 ) for permission to construct deck addition to dwelling with an insufficient frontyard setback from Soundview Avenue . Location of Property : East side of Goldin Avenue and south side of Soundview Avenue , Southold , NY ; County Tax Map Parcel ID No . 1000-135-2-22 . 7 : 50 p . m . Appl . No . 3641 - BRETT AND JANET KEHL . Variance to the Zoning Ordinance , Article III , Section 100-32 (A) 'for approval of the construction of an accessory building with height in excess of maximum 18-feet , or in the alternative , Article III , Section 100-31 (A ) for permission to construct addition to dwelling with an insufficient sideyard setback . Location of Property : 5500 Main Bayview Road , Southold , NY ; County Tax Map Parcel ID No . 1000-78-4-32 . Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of June 18 , 1987 7 : 55 p .m. Appl . No . 3634 = RICHARD 'F. MULLEN , JR . Variance to the Zoning Ordinance , Article XI , Section 100-119. 1 (A) for permission to erect fencing in the frontyard area with a maximum height of six feet . Location of Property : East Side of Cottage Place , Southold ,. NY ; Cou.nty. Tax Map District .1000, Section 62 , Block 3 , Lot, 19. 8 :05 .p .m . Appl . No . 3,412 as Amended - WILLIAM MOORE and BENJAMIN 'HERZWEIG.- -- Variances to the Zoning Ordinance , Articles : (a ) XI , Section; 100- 119 . 2 for an insufficient setback from wetlands area , and (b) III , Section 100-31 for an insufficient frontyard setback , for a proposed single-family dwelling structure at premises known as 675 Meadow Lane , Mattituck Estates Map #4453 , Lot #42 , Mattituck , NY ; County Tax Map District 1000 , Section 115 , Block 05 , Lot 007 , containing . 51 ± acre . 8 : 20 p .m. Appl . No . 3629 - IRWIN AND SONDRA THOMPSON . (To . be reconvened) 8 : 30 p .m . Appl . No . 3543 - PETER AND 'BARBARA HERZ . (To be reconvened) 8 : 40 p .m . Appl . No . 3640 - FRANK AND EDITH SAWICKI . Variance for approval of insufficient width of three parcels in this pending Minor Subdivision , each having a. minimum lot area of 80 ,000 sq . ft . Location. of Property : north side of C. R. 48 (a/k/a North Road ) , Southold , NY ; County Tax Map Parcel ID No . 1000-51 -3-12 . 1 , containing 15± acres . 8 : 50 p .m. Appl . No . 3625 - PUDGE CORP . Resolution concluding hearing . (No oral testimony. ) 8 : 55 p . m . Appl . No . 3638 - JAMES AND MARY TYLER . Special Exception modifying Appl . No . 3400 to permit vehicle doors facing street side as constructed in this establishment of a public garage under Article VII , Section 100-70 ( B) [4] of the Zoning Code . Location of Property : 6795 Main Road , Laurel , NY; Mattituck Holding Co'. Minor Subdivision Lot #3 ; County Tax Map District 1000 , Section 125 , Block 1 , Lot 19 . 6 . Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of June 18 , 1987 The Board of Appeals will hear at said time and place all persons or representatives desiring to be heard in each of the above matters . Each hearing will not start before the time allotted . Written comments may be submitted prior to the conclusion of the subject hearing . For more information , please call 765- 1809 . Dated : May 21 , 1987 . BY ORDER .OF. T'HE SOUTHOLD TOWN BOARD OF APPEALS GERARD P . -GOEHRINGER, CHAIRMAN Linda Kowa._lski , Board Secretary ------------------------------------------------------------------x Notice to Newspapers : Please publish once , to wit , June .11 , 1987 and forward two affidavits of publication to : Board of Appeals , Main Road , Southold , NY .11971 on or before June 15th . Thank you . ------------------------------------------------------------------x FORM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date . . .�. . �. . . . . . . . . .. To .� . . . . 4u-►vn . !C. .V' - �v�,-' u,�,,� e��,�, � � r Z20. . .V vr3. . .6 V. �` . . . . . . . . . . . PLEASE TAKE NOTICE that your application dated . . . . . . . ., 19 7. . for permit to construct . . 4- . . . . . . . . . . . . . . . . . . . . . . . at Location of Property ? g Sr. . , r►�!4�.4 . . . . House No. Street Hamlet County Tax Map No. 1000 Section ZZ . . . . . Block . . . .Cam. ;1. . . . . I,ot . . 2-?.. . . . . . Subdivision . . . . . . . . . . . . . . . . . Filed Map No. . . . . . . . . . . . . . . . . Lot No. . . . . . . . . . . . . . . . . . is returned.herewith and disapproved on the following grounds . ! . u� . �� �!� 5 L. l . !�. . . . . , •. . �J.O��.t c��..cv.. . . . . , . . . . -�-►1 a-Q 'cler►,�. . .C� �.>. . . . : . . . .�. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . Building Inspector RV 1/L'0 BO OF HEAL,TH' `:; 3.. 3 OF LANS.��',.`.. . FORM NO. 1 SURVEY TOWN OF SOUTHOLD CHECK �' �. . i BUILDING DEPARTMENT SEPTIC FdRM TOWN HALL I .•� SOUTHOLD, N.Y. 11971 NOTIFY TEL.: 765-1802 . CALL MAIL T0 . N II9 Examined .i. . . . . . . . . . . . . .1 19 . . . Approved . . . . . . . . . . . . . ., 19 . . . Permit:No. . . . . . . . . . . . p 1987 Disapproved a/c . . . . . . . . . . . . Q .� . . . . . . . . . . . . . . . - (Building Inspector) . APPLICATION FOR BUILDING PERMIT Date . . . . . . .'. . . : . . , 19 , INSTRUCTIONS a. This,appliciition must be completely filled in by typewriter or in ink and submitted to the Building Inspector, wit. sets of plans',accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and o.f buildings on premises, relationship to adjoining premises or public strr •:'•,or areas, and givin a detailed description of layout of property must be drawn on the diagram which is part of this al: ,,;:, cation. , c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application,the Building Inspector will issued a Building Permit to the applicant. Such pet shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupa shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the. Building Department for the issuance of a Building Permit pursuant to Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinance Regulations, for the construction of buildings,.additions or alterations, or for removal or demolition, as herein descril. The'applicant agr0s to comply with all applicable laws, ordinances, building code, housing code, and regulations, ane admit authorized inspectors on premises and in building for necessary inspections. . . . . . . . . . . . . .Cl�'. . . . . . . . . . . . . . . . . . . . . . . . . (Signature of applicant, or name, if a corporation) (Mailing address of applicant) State whether applicant is owner,. lessee, agent, architect, engineer, general contractor, electrician, plumber or builc , I c�r�✓n/c . . . . . . . . . . .. . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Name of owner of premises . �. .�����,,.< <,,,�,� G . ,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . (as on the tax roll or latest deed) If applicant is a co poration, signature of duly authorized officer. (Name.and title of corporate officer) ALL CONTRACTOR' S MUST SU FOLK COUNTY LICENSED Builder's License No. . . . . . . . . ;? . •� 0' tip o� �� v-✓i' % C.'h�/��r u t>/e x Plumber's License No. . . . . . . . . . . . . . . . . . . . . . . . . ..Electrician's License No. . . . . . . . . . . t . . . . . . . . . . . Other Tradc' License No. . . . . . . . . . . . . . . . . . . . 1. Location of land on which proposed work will be done. . . . . . . . . . ' . '/CIS . . . . . . . . . . . . . . . . . . . .49."Wq . . . ... . . . . . . . House Number Street Hamlet County Tax M p No. 1000 Section . . . . . . �� . . . . . . . Block . . . . . .o� . . . . . . . . . Lot . . . . .ca . . . . . Subdivision . . . . . . . . . '. . . . . . . . . Filed Map No. . . . . . . . . . . . Lot.'.,.,. . . . . . . . . . . . (Name) 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing useland occupancy . . . . . . . . �C��'dLti '. . . .'. . .. . .... . ... . . . . . . . . b. Intended us and occupancy `/ � ) :I• �W 3. Nature of work(check which appL.axle): New Building . . . . ... . . . . Additi . . . . . . Alteration . . . . . . . . . Repair .. . . . . . . .. . . . . . . Removal . . . . . . . . . . . . . . Demolition . . . . . . . . . . . . . . Other Work . . . . . . . . . . . . . . (Description) 4. .,Estimated Cost . . . . . . . . . . . . . . . . Fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ` (to be paid on filing this application) S. If dwelling,number of dwelling units . . . . . . . . . . . . . . . Number of dwelling units on each floor . . . . . . . . . . . . . . If garage, number of cars . • . . . . . . . . . . . . . . . . . . . . . 6. If business, commercial or mixed occupancy,specify nature and extent of each type of use . . . . . . . . . . ... . . . . . . . . 7. Dimensions of existing structures,if any: Front . . . . . . . . . . Rear . . . . . . : . . . . . Depth . . . . : . . . . . . . . . Height. . . . . . .I . . . . . . . . Number of Stories . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dimensibh'sZf aR tructure with alterations or additions: Front . . . . . . . . . . . . . . . . . Rear . . . . . . . . . . . . . . . . . Depth . . . . �. . . .. . . . . . . . . . . . Height . . . Number of Stories . . . . . . . . . . . . . . . . . . . . Dimensions of entire new construction: Front . . . . . . . . . . . . . . . Rear . . . . . . . . . . . . . . . Depth . . . . . . . . . . . . . . Height . . . . . . . . . . . . Number of Stories . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . 9. Size of lot: Front . . . . . . . . . . . . . . . . . . . . . . Rear . . . . . . . . . . . . . . . . . . . . . . Depth . . . . . . . . . . . . . . . . . . . . . 10.' Date of Purchase . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Name of Former Owner . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11. :Zone or use district in which premises are situated . . . . . . . 12. Does proposed construction violate any zoning law, ordinance or regulation: 13. Will lot be fegrQd . . . . . . . . . . . . . . . . . . . . . . . . . . . . Will excess fill be removed from premises: Yes N( 14. 'Name of Owner of premises . . . . . . . . . . . . . . . . . . . . Address . . . . . . . . . . . . . . . . . . .Phone No. . . . . . Name of Architiect . . . . . . . . . . . . . . . . . . . . . . . . . . . Address . . . . . . . Phone No. .'. Name of Contractor . . . . . . . . . . . . . . . . . . . . . . . . . . Address . . . . .. . . . . Phone No. 15. Is this propierty located within 300 feet of a tidal wetland? *Yes . . . . . No *If yes, Southold Town Trustees Permit may be required. PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and,indicate all set-back dimensions fror property lines. Give �treet and block number or description according to deed, and show street names and indicate whetlie interior or co ner lot. 60 , v 77 ay eMas.__ •_.6/X�`.�r%Cn (SON<.,F'�'7�..,�/04�.5- UNI�e1°� -. :STATE OF NE ORK, S.S . COUNTY OF ! - . . . ... l�:r` C.11 . . . . .V � Y\1.). . ' :. . . . . . . . . being duly sworn,•deposedand says that he is the applican. (Name of individual signing contract) ' above named(' . ?`-�f . . .> ,�1 Al Q I.t.l Nal�. . . . (��-. . . . .0.G0)/lJ.e (�>. . . . . . . . . . . . . . . . . . He is the (Contractor, agent,corporate officer, etc.) of said owner or owners, and is duly authorized to perform or have perfonned the said work and to make and file thi: application; that all statements contained in this application are true to the best of his knowledge and belief;and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this . . . . . . -- ` ;. . . .day of. . . . . r9k . . ., 1 Nota ublic, ... . . . .4c�(` . . . . Cou BETH ANN NEViLLE nature of applicant', No Public,State of New York No 67 81268809 0,Suffolk Co Term Expires October 31,19 /���� 11:30 q.Yn. J_ �L.f'J MAY 2 0 W TOWN OF SOUTHOLD, NEW YORK C%k%WNI M APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO.�,3467 DATE .............................. TO THE ZONING BOARD OF APPEALS TOWI OF SOUTHOLD N. Y. L'Iy5<J_ 'GAO S C."4 yt L C 5 N- K A f&-I-Lr S P K- Z 1, e) /.?.�!.....K.9.M.A..�!�a[.L........M..t.9........of S S�vN fl v t ..i✓ /9 ..Gr ............................................................................ Name of Appellant Street and Number ............................................................... ............ ..y:......HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. .................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO 01AVLTiN S Qu !fVw; Qle. AL NrAaAy60Art wit CNyntt�S Af oK1# esTer3 RN- - . ................................................................................. N me of Appl' ant for per t Cyof- Im £3�lrcv7ty� DYlt %19... l�ls}N�fAJ�er I4tLt f NY /t o� y .......................................... ............................................................. Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY Sdc!Ar 0 V i c-w h✓rr l�©L� �J j a,.-e Z 2 a? � 1. LOCATION OF THE PROPERTY .... - J f Street /Hamlet / Use District on Zoning Map District 1000 Section Block Lot ..............................................................................::.Current Owner A Li 14 0*1 A*Pw'Wa �M � Iv1op No. t .3 . Lot No. gad Prior Owner S*M M04ro 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 Irl Section / n 0 — 3 2- 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 C u v r V VL t" at 7`'i o Ll 0 OL it ham . �n OL Form zBl (Continue on other side) v LA F' kaq'G�.I. •e.a MOD" REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sory HARDSHIP because r�' ({h •¢. 'r i G! h S► Z •� � k v-v b w f 1-p-s t 41vv•k-, e z-(�t t + ;h �J.�y,4 ) w 0 V I J `*A�L t,CA 4 cvk -re V N s C. AOL-\ ./a1 1% do ovf,doo ►. 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 yt ® Il i �I A'tt'wI�„ t it dt ��. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because f Woo r 1 � -r t C TZ a h� 0 4 Tc%,c v- Pt� y h ewdtiv S kv V 4,4L� 1EAC. � � � d1 r r+�+�� ,+ �� ( (�� �� ��C, �o��e pd ) T k� w � tl � v ✓r STATE OF NEW YORK ) rCU ss .................... .. .... ................... COUNTY OF C,���� ) Si gno ureSworn to this ...............Z.?........................ day of.......................,.. ............................. 192.7 dNotary Public LriviVE M.WICHROWSKI (VOTARY PUBUC,State of Newyork tluMffied Initlueens County r Commiuion Ex9ires October 31,191 _ z TOWN ®F SOUTHOLD PROPERTY RECORD CAR® �,• r '� �,�� �¢� � OWNER STREET VILLAGE DIST. SUB. LOT f , Tkiv- /-�° FORMER OWNER N E ACR. I S W TYPE OF BUILDING Vq RES. SEAS. VL. FARM tON M CB, MISC. Mkt. Value .,z t LAND IMP. TOTAL DATE REMARKS _ / AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre Tillable 1 Tillable 2 Tillable 3 Woodland Swampland FRONTAGE ON WATER, Brushland FRONTAGE ON ROAD / � �.. � 40 h' `r House Plot DEPTH114,44 p - BULKHEAD Total DOCK • • M■■■N SEE N■■m■■mm■m M ME mmmMMMMMmMmmmMM M OEM ME mmmmmmmmmmmmmmmm zr _ • 1 '. a`5 1 l.. �_ ■■■■■■■ ■■■■■■■■■■■■■■■■■■■ tau r `talA EMMMMM MM M MMmMmmmM mmmm EMEMONGIMMMEME G _ b MMENE MEMO MENEMEImv ONE V1EW AVENUE ?` SOUND 4:s1 y .. . .4� CD Fn N. 85-26�40 E. 109. 83� FDMT0.S Mr CUED I O F Ln _ e v I ��-c,4c.STEPS o O o ?�.25' o CT, j ro i srosty F2AHE 3 yo O, l N 2 ►aoVSE s 9 00 t� G N 56.10, Au,n. r c A .85� SNED coat � _ 7 \ rA•n O e \ a2rvErMy.. , A p P/O LOT 8 \ P/0 LOT 9 �- c 0.7' ,s g 0. HEDGES Mf"'�•-�]�r�) � , M LOC.IS �� s l ��' a•�: 99.69 S. 859 2 N P/0 LOT 8 P/O LOT ,R •�S Prepared in accordance with the minimum SURVEY OFol�o ®�Q LAND standards standards for title surveys as established by ���A. the L.1.A.L.S. and approved and adopted ®T P/0 LOTS for such use by The Now York State Land Title Assodation. , c( 11 MAP OF SUBDIVISION OF PROPERTY.• ti,n r� �► ,� OWNED, BY NATHAN GOLDIN " yd 40 O N .Y.S. LIC. NO.49668 FILED NOV. 22, 1932 FILE NO. 1106 ' PECO SURVEYORS 6 ENGINEERS , P. C . AT SOUTHOLD TOWN OF SOUTHOLD SUFF. CO. N . Y. ` P,o. Box 909 1000 - 135 - 01 - 20 MAIN ROAD 1000 - 13F, 02 COUNTY OF`SUFFOLK Id Michael A. LoGrande SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING LEE E.KOPPELMAN 360-5513 DIRECTOR OF PLANNING �. July 20, 1987 Town of Southold Zoning Board of Appeals Applicant: Charles Kapotes, M.D. Mun. File No. : 3637 S.C.P.D. File No. : SD-87-17 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: .Appears inappropriate as sufficient information has not been submitted to demonstrate compliance with applicable variance criteria. Very truly yours., Lee E. Koppelman Director of Planning S/s Gerald G. Newman Chief Planner GGN:mb VETERANS MEMORIAL HIGHWAY HAUPPAUGE,L.I.,NEW YORK 1 1788 (51 6)360-51 92 C Southold Town: Board ®f 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 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 (100-32) Variance from Determination of Southold Town Building Inspector Special Exception , Article Section Special Permit Appeal No . :' 3637 Applicant : Charles Kapotes, M.D. Location of Affected Land : Goldin and Soundview Avenues, Southold, NY County Tax Map Item No . : 1000- 135-5-22 Within 500 feet of : Town or Village Boundary Line X Body of Water (Bay , Sound or Estuary ) X State or County Road , Parkway , Highway , Thruway Boundary of Existing or Proposed County , State or Federally Owned Lan 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 deck addition to dwelling with an insufficient frontward setback from Spundvi ew Ave Copies of Town file and related documents enclosed for your review . Dated : July 17 , 1987 Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 1 � � TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI July '1 4 , 1 987 Charles Kapotes , M. D . 220-40 . 64th Avenue Bayside , NY 1136.4 Re : Appeal No . 3637 (Variance ) Dear Dr . Kapotes : Transmitted herewith for your file is a copy o-f the findings and determination_ rendered in the above matter. As mentioned in the Board ' s findings , you may wish to consider- a patio at ground level as an alternative without a structural addition . Please feel free to contact the. Building Inspector with any new...prop_osa-1 for such a patio . Yours very truly , GERARD P . GOEHRINGER CHAIRMAN LInda Ko alski Enclosure Copy of Decision to : Building Department Suffolk County Planning Commission APPEALS BOARD MEMBERS ^� ` ' `� ".�x';"�'•��,� ;.,�� SCOTT L.HARRIS Supervisor Gerard P.Goehringer,Chairman Charles Grigonis,Jr. t rh Town Hall,53095 Main Road Serge Doyen,Jr. James Dinizio,Jr. P.O.Box 1179 Robert A.Villa {` Southold,New York 11971 Fax (516)765-1823 516 hone Telephone(516)765-1809 , ' J Telephone a- P ( )765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD Appl. No. 4 Application of ALEX HOMAYUNI, CHARLES KAPOTES and OTHERS. Variances to the Zoning Ordinance,. Article XXIV, Section 100-244B and Section 100-243A, for permission to construct additions and accessory building: (1) exceeding the maximum lot coverage requirement for all structures/buildings, (2) increasing or enlarging, and reconstructing the existing nonconforming two-family building. (Nonconformities of the subject premises are: lot area, both front yards, and two-family use in this R-40 Zone District. ) Location of Property: Corner of .Goldin Avenue . and Sound View Avenue, Southold, NY; County Tax Map District 1000, Section 135, Block 02, Lot 22, and Block 01, Lot 20 (all as one tract of land for purposes of zoning) . .- WHEREAS, public hearings were held on March 22, 1991 and on ptember=26, 1-991, and 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, Board Members have personally viewed and area familiar with the premises in question as well as the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. "By this application, appellants are proposing to construct a one-story addition, a proposed second-floor addition, and an accessory storage shed, all as more particularly shown on Drawings A-1 through A-6, prepared by Ward Associates, P.C. dated August 15, 1990, revised January 24, 1991. 2 . The premises in question' is nonconforming as to. lot ,area of 19,000 sq. ft. (both tracts inclusive located north and south of Sound View Avenue) . . .This substandard lot is located in the . R-40 Zone District and is improved with a two-family dwelling ( see Certificate of Occupancy No. 295 dated May 19, 1959 and Building Permit No. 554 .dated December 30, 1958) . 3 . The principal building lot coverage as exists is 1425 sq. ft. The amount of relief requested for this project, includ Page 2 - Appl. No. 4009 Matter of ALEX HOMAYUNI & ORS. Decision Rendered September 26, 1991 ing the existing and proposed construction, is for excessive lot coverage totaling 27 . 2% of Lot 135-2-22 ( 10,343 sq. ft. ) or 746 sq. ft. over the 20% (2,068.59 .sq. ft. ) limitation. The building construction calculations provided by the applicants' architect are as follows: (a) upland 10,343 sq. ft. (13.5-2-22) , or a total of 14, 000+- sq. ft. inclusive of tract of land to the. north ( 135-1-20) consisting of 4,000 sq. ft. (b) existing residence 1,425.0 sq. ft. (c) addition 62' x 10. 5 ' = 683 sq. ft. (d) accessory shed 10' x 8' = 80 sq ft. -(storage use only) (e) second floor addition 627. 0 sq. ft. (f) total coverage by all buildings: 2,815 sq. ft. 4. The setbacks for new areas of building construction are noted for the record as follows: ( a) westerly front yard at 21 feet from the (newly proposed) southwest corner section of the dwelling; (b) southerly rear yard setback at 39 (+-) feet; -• (c) southeasterly corner of the proposed addition at 20 feet; (d) accessory shed with setbacks at 10 feet from the easterly and southerly property lines; (e) no other increase in degree of nonconforming setback for the existing building area is requested. 5 . For consideration by the Board, the appellants have offered to covenant the northerly parcel identified as District 1000, Section 135, Block 1, Lot 20, consisting of approximately 4,000 sq. ft. of upland area to remain unoccupied and vacant (with the exception of a stairway to the beach area with proper permits) . 6. Article XXIV, Sections 100-243A, 100-242 and 100-241A of the Zoning Code provides that enlargement of a nonconforming building with a conforming use (or nonconforming use) may not be increased as to the degree of nonconformance. 7 . Article XXIV, Section 100-244B provides minimum setback requirements for principal buildings on lots containing less than 20,000 sq. ft. of land area, with reductions to: (a) front yard setback to 35 feet; (b) minimum side yard setbacks to 10 ft. and 15 feet, for a total of 25 feet for both side yards; (c) rear yard setback to 35 feet; (d) maximum lot coverage for all buildings at 20% of the total lot area. Appl. No. 4009 Matter of ALEX HOMAYUNI & ORS. Decision Rendered September 26, 1991 8. It is the opinion of the board members that sufficient practical difficulties have been demonstrated by the appellants to warrant a grant,,.of this application. In considering this .appeal, the board finds and determines: (a) there is no alternative available for appellants to pursue except by variance; (b) the relief, as requested, is the minimal necessary; (c) the difficulties imposed are uniquely related to the property and are not personal in nature; (d) the grant of the variance will not adversely effect the essential character of the neighborhood, or be adverse to the safety, health, welfare, comfort, convenience or order of the town and neighboring properties; (e) there is no other method feasible for appellants to pursue other than a variance; . ( f) in view of all the above, the interests of justice wi-1.1 be served by granting the relief, as further noted below. Accordingly, on motion by Mr. Goehringer, seconded by' Mr. Doyen, it was RESOLVED, to GRANT the relief as described in the above findings in the Matter of the Application of ALEX HOMAYUNI and CHARLES KAPOTES, Appl. No. 4009, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That, Covenants in proper recordable form be prepared and filed by the landowner in the Suffolk County Clerk's office restricting the northerly tract of . land (Lot ff4 on the Map of Nathan Goldin" ) identified as 1000-135-1-20 to "no building occupancy or use occupancy in any respect, and provided further that said tract of land will be considered merged with the subject parcel identified as 1000-135-2-22.11 This Declaration of Covenants is subject to review and may be modified as recommended by the Town Attorney' s Office before the same is recorded by the appellants. Proof of recording with the Suffolk County Clerk is required to be furnished to the Board of Appeals. 2 ., There shall be no further expansion, additions, .extensions or other structures at the site without further application, consideration, and approval of the Board of Appeals (Article XXIV. of the Zoning Code) . 3 . Lot No. 4 (Map of Nathan Goldin) , identified as 1000-135-1-20 on the Suffolk County Tax Maps, shall remain, as Page 4 - Appl. No. 4009 Matter of ALEX HOMAYUNI & ORS. Decision Rendered September 26,. •1991 exists, in an unoccupied state ( remaining free and open of all buildings)". Vote of the Board: Ayes: Messrs. Doyen, Goehringer, Grigonis, Dinizio, and Villa. This resolution was duly adopted. lk GERARD P. GOEHRIN'GER, CHAfRMAN z T Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I.. N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS June 18, 1987 4 GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. S.E.Q.R.A. SERGE DOYEN, JR.. ROBERT J. DOUGLASS NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H. SAWICKI Notice of Determination of Non-Significance APPEAL NO. : 3637 PROJECT NAME:. C. KAPOTES AND A. HOMAYUNI 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. ' f This board determines the within project not to have a signifi- 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 [ ] DESCRIPTION OF ACTION: Deck addition to dwelling with 'insufficient frontyard setback LOCATION OF PROJECT: Town of Southold, County of., Suffolk, more particularly known as: Goldin Ave. and Soundview Ave. , Southold NY 1000-135-2-22 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. FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowalski, Secretary, Southold Town Board of Appeals4. 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 HEARINC NOTICE IS HEftI GIVEN,pursuant to Section of the Town Law and the Code of the Town of Southold,the follow- m Appi:.1tlO ,,Oz as )F NEW YORK 1 ing public hearings will be held 8:05 p• - WILLIAM 1 SS: by 'the SOUTHOLD, TOWN Amended AND $E ILLIAM BOARD OF APPEALS at a ` MOORE Y OF SUFFOLK I Regular Meeting at the Southold HERzZoning Ora Ordinance, Articles:the a) Town Hall, Main Road, South Zoning old, New York, on THURS- sij Section 100 11ent setback ro for la in- d Williams of Greenport, in . DAY,JUNE 18,1987,at the fol= 8iea,land(b)11I,Sectione100 31 lowing times: for an insufficient frontyard set- inty, being duly sworn, says that he/she is i 7D p.m. . Variance No. 3605 - single-fam TED DOWD. Variance for Ap- I back,for a proposed I Clerk of THE SUFFOLK Tlli3ll`S, a Weekly proval of Access pursuant to ily dwelling structure at pram- der, published at Greenport, in the Town New York Town Law Section Lane, Mattituck Estates Map.Section ices known as.675 Meadow old, County of Suffolk and State of New I 260-a, over a private Lot#42,Mattituck,NY; way located off the north side of #4453,.Tax Map District 1000, d that the Notice of which the annexed is the Main Road, Southold, and County extending to the applicant's Section 115, Block 05, Lot 007, 1 copy, has been regularly published in premises, identified on the Suf- containing.51 t acre. 1—_ folk County Tax Map as District i, 8:20 p.m. Appl. No. 3629 - Nspaper once each week for — 1000,Section 56,Block 1,Lot 5.1 IRWIN AND SONDRA 11 th ssively, commencing on the (5),containing 7.3t acres. THOMPSON• '(To be recon- , 1cce 7:40p.m.Appl.No.3632-Re I vened) _ June p1• No. 3543 19_87- hearing on Amended Applica- 8:30 p.m. Ap - tion of NORTH FORK EARLY PETER AND BARBARA LEARNING CENTER. Vari- HERZ.(To be reconvened) 3640 ance to the Zoning Ordinance, 8:40 P.m. A N1D No. EDITH - �L'�-f Article III,Section 100-30(A) to FRANK A permit the establishment of a SAWICKI• Variance for ap Day-Care Center, at premises proval of insufficient width of Principal Clark parcels in this pending referred to. as the .Veterans three p Community Center, north side Minor Subdivision',each having e ore me this_ of Pike Street;east side of Wick- a minimum lot area of 80,000 sq. ham Avenue, and south side of . ft..Location of Property:,north �g�7 NARY OEGNAN Hill Street, Mattituck, .NY; side of C.R. 48 (a/k/a`North - Pve Yotk NOTARY PF}�11.IC,StaUe4�,Ny860n� County Tax Map Parcel ID No. Road), Southold, NY; County P, `---,uftolk.nuntY N • �' So 1000-140-2-39, containing; parcel ID No.1000-51 � rp,i„F xGuet,Februar, 1.75 t acres. Tax Map 1No acres. 7:45 p.m. A 1. No. 3637-C. 3 12.1,containing PP 8:50 p.m.'APPI. No. 3625 KAPOTES AND A. HOMA- pU 0 P CORD• Resolution YUNI. Variance to the Zoning concluding hearing. (No. oral Ordinance, Article III, Section concluding ny.) 100-31(100-32)for permission to P.M. Appl, No. 3638,- construct deck addition to dwell- 8:55 LER. DAMES AND MARY TY ing with'an insufficient front- Special Exception . modifying yard setback from Soundview APPI• l 3400 to permit vehicle Avenue. Location of Property: doors o'34 facing:'street to P side as con- East side of Goldin Avenue and structed in this establishment of south side of Soundview Avenue, ( .a public garage under Article Southold, NY; County Tax Map J VII, Section lo0-7o(B)141 of the Parcel ID No,1000435-2-22. Zoning Code. Location of Prop- 7:50 p.m. Appl. No. 3641 - arty: 6795 Main Road, Laurel, BREW AND JANE'T KEHL. NYC Mattituck Holding. Co. Variance to the Zoning Ordi- Minor Subdivision Lot #3; I County Tax Map District_1000, nance, Artie I[I, Section 100- J % $action 125,Block 1,Lot 19.6. 32(A) for approval of the con- The Board of Appel will struction of an accessory build- hear at said time and Place all ing with height in excess of persons or representatives desir- maximum 18-feet, or in the al- ing to be heard in each of the ternative, Article III,•Section above matters. Each hearing 100-31(A)for permission to con- will not start before the time al- struct addition to dwelling with lotted. Written comments may an insufficient sideyard setback. 1 be submitted prior to the conclu- Location of Property:5500 Main sion of the subject hearing. For Bayview Road, Southold, NY; I more information, please call County Tax Map Parcel ID No. 765-1809. 1000-78-4-32. Dated:May 21,1987. 7:55 p.m., Appl. No. 3634 BY ORDER OF RICHARD F. MULLEN JR. THE SOUTHOLD TOWN Variance to the Zoning Ordi- BOARD OF APPEALS nance, Article XI, Section 100 GERARD P.GOC;AIRMAN 119.1(A) for permission to erect fencing in the frontyard area Linda Kowalski, . with a maximum height of six Board Secretary feet. Location of Property: East 1TJ11-5625 Side of Cottage Place,Southold, NY; County Tax Map District 1000,Section 62,Block 3,Lot 19. NOTICE OF HE!I-t N� i NOTICE 1S HEREBY GIV- EN,pursuant to Section 267 of COUNTY NTY O F S U F FO L K the Town Law and the Code of ss: the Town of Southold, the STATE OF NEW YO R K following public hearings will be held B the SOUTHOLD : \ TOWN BOARD OF APPEALS , at a Regular Meeting at the 8:05 p.m:'Appl:'No. 3412'as ing duly sworn, says that she is the 1rl: Southold Town Hall, Main Amended:WiLL1AM MOORS" Road, Southold, NY, on AND BLbL ANi1U HERZ-' G ISLAND TRAVELER WATCHMAN, 'THURSDAY,JUNE 18 1987 at ' ''•W..M.Variances to the Zoning at Southold in Suffolk County; hinted to following times: Ordinance,Articles:(a)XI,Sec- �f which the annexed is a tinted co 7:35 p.m. Appl. No. 3605- tion 100-119.2 for an insufficient. P PY TED DOWD. Variance for Ap setback from wetlands area,and In said Long Island Traveler Watchman proval of Access pursuant. to. (b)lll,Section 100-31 for an in- weeks New York Town Law, Section. sufficient frontyard setback, fore . . . . . . . . . . " " " " y a proposed single-family dwell- �=ti ` ing structure at premises known over a way located off thenorth s de of c i n g on the . . . . . . . . . . . . . . . . . . . . . . the Main Road, Southold, and �� as 675 Meadow Lane,A9attituck Estates Map No.4453, Lot No. extending -to the applicant's 42..Mattituck,NY;County Tax tie,. -7 premises,identified on the Suf- �9 folk County Tax Map as District Map District 1000,Section 115; . ' J-Block 05, Lot 007, containing _ v 1000, Section 56, Block 1, Lot .51 t acre. 5.1 (5), containing 7.3 t acres: " " " " " " " " " " " 7:40 p.m. Appl. No. 3632: Rehearing on Amended Ap- '8:20 p.m.Appl. No.3629-IR-1 lication of N!7TH FOR-K p R U— W N AND_ SOR1 —[- NDA. THOMPSON, ToEARLY LEARNING � be / CENTER. Variance to the Zon-• ,,: reconvened). ing Ordinance,Article III,'See-' ec 8:30 p.m. Appi. No. 3543- to this . . . . . . . . . . . . . . . . . . . . . day of tion 100-30(A) to permit the PETER AND BARBARA establishment of a Day-Care RZ. (To be reconvened). 19 Center,at premises referred to as 8:40 p.m. Appl. No. 3640 the Veterans Community Center, FRANK AND EDITH north side of Pike Street, east SA_ WICK1• Variance for ap- side of Wickham Avenue, and proval of insufficient width of south side of Hill Street, Mat-. ;., three parcels in this pending ." tituck, NY;' County Tax Map. ! Minor Subdivision,each having • • • • • • • • • • • Parcel ID. No. 1000-140-2-39,." a minimum lot area of 80,000 Notary,Public containing 1.75 t acres. sq: ft. Location of Property: north side of C.R. 48 (a/k/a 7:45 p.m.Appl. No. 3637-C. North Road), Southold, NY;. BARBARA FOR BES SAP .BLED �f . County Tax Map Parcel I No. Notary Pubic, Strate of J)le,q Yorl; HOMAY_UNI. Variance to the 1000-51-3-12.1, containing 15t No. 4Fi,i: iu Zoning Ordinance, Article 111;:! tjcres. GZuai;ficd in : uifo!Ic (.:sun y Section 100-31 (100-32)for per-: ' 8:50 p.m. Appl. No. 3625- Cornrt:i:;siun P:xpires G^ 3/ 1') �� mission to construct deck addi I 'FUDGE CORP. Resolution tion to dwelling with'an insuf--,_ 's concluding hearing. (No oral ficient frontyard setback from,,. testimony.) Soundview Avenue Location'of, 8:55 p.m. Appl. No.•363& Property:.East side of Goldin- JAMES AND MARY TYLER: Avenue and south side of. Special'Exception modifying Soundview Avenue, Southold, ! Appl No. 3400 to permit NY;County Tax Map Parcel ID" vehicle doors facing .street No. 1000-135-2-22. side as constructed in this 7:50 p.m. Appl. No. 3641- establishment of a public garage BRETT AND JANET.KEHL. ::' under Article V11, Section „ Variance to the Zoning Or- 100-70(B)[4) of'the Zoning dinance, 'Article 111, Section Code. Location of Property: 100-32(A) for approval of the 6795 Main Road, Laurel, NY; construction of an accessory Mattituek Holding Co. Minor building with height in excess of Subdivision Lot No. 3; County maximum 18-feet, or in the Tak Map District 1000, Section alternative, Article III; Section 125; Block 1, Lot 19.6. 100-31(A)for permission to con- The Board of'Appeals will struct addition to dwelling'with ;., he sons saear at te time andves ce all an insufficient sideyard setback. ? p P Location..of Property:.5500 `.� . ing to be heard in,each.of the Main Bayview Road,Southold, above matters.Each'hearing will. ` NY;County Tax Map Parcel ID '' not start before the time allot- No. 1000-784-32. ted. Written comments may be 7:55 p.m. Appl. No. 3634- submitted prior to the conclu- BaCHARD F. MULLEN. JR. " I sion of the subject he For' Variance to the Zoning ,Or- more information, please call dinance, -Article;XI, Section' - 765-1809.' 100-119.1 (A) for f rermission to, Dated: May 21, 1987 erect fencing in the frontyard BY ORDER OF THE area with a maximum height of SOUTHOLD TOWN six feet. Location of Property; BOARD OF APPEALS East Side of Cottage Place, 'GERARD P. GOEHRINGER, Southold,NY;County Tax Map CHAIRMAN District 1000,.Section'62,Block Linda Kowalski, 3, Lot 19. Board Secretary 1T 6/11/87(9) " i Southold 'own Board or ea ls MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 w 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 and date of the public hearing concerning your recent application is a copy of the Legal Notice as published in the L . I . Traveler- Watchman , Inc . and Suffolk Weekly Times , Inc . Someone should appear in your behalf during the public hearing in the event there are questions from board members or persons in the audience . Please be assured that your publi-c. hearing will not start before the time allotted in the Legal Notice . If you have any questions , please feel free to call our office , 765-1809 . Yours very tru1 G RARID P . G0EHRINGER CHAIRMAN Linda Kowalski Secretary and Board Clerk Enclosure i oS�FFoc��o z • Town Hall, 53095 Main Road P.O. Box 1179 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 May 20, 1987 TO: Southold Town Zoning Board of Appeals FROM: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3637 application of Charles N. Kapotes 8 Ali Homayunifor a variance. Also included in notification to adjacent property owners; Short Environmental Assessment Form; Letter relative to N.Y.S. 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 Y Southold Town Clerk T SAINT MARY'S HOSPITAL FOR CHILDREN 6 A 29-01 216TH STREET, BAYSIDE, NEW YORK 11360 TELEPHONE: 212-224-0400 Nln AJto� An.' c � ( 1 �t� l - -- �iISLSTiI✓�- -� C�G�c'c. - :•�- -- -_----���-- �,- �-ram- T �;-- L � � �� 4/,ry�, r . I 3, 61/Wit; i D`cf: fjc- - -- -- i a BOARD OF APPEALS, TOWN OF SOUTHOLD Atf In�tNe,,I alter Mof the Petition of c-k/Ort LVf 6✓ C ipr a Its /�K ri NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT >S-TO: lLCh pve-tt PROPERTY OWNER Al &N ctv IV ri, (=vriof- Convoopt, I IV"VM-MPTrL, fnf f3 0 u e- YOU ARE HEREBY GIVEN NOTICE: 1. Tha It i he 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 is located adjacent to your property and is des- cribed as follows: CISigAmn aoLD#,v _lone J 5a ee—Avlew 13yLroVVE A 0 J ACE�ti� �n Novt:iK f-nrtis �_��� Cun.nv�.�� niou,+a c 3. That the property which is the subject of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: g.-A a A Ic �.p (�s VIM f 2CT f Z X C_ O l''�. `R✓` 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article f t\ Section f (0 O - 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) 7E 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: Petitioner C_K WPI r,W-s iv- Owners Names At-( W8 9 Post Office Address c K- fit f: Xt�-cw art ve nrc. i 3 c y •,r+;�y�3i�ti Pca.,"sPee;,��t€IEt�°r¢8�`f�?Ir1 004MI(le-" ADA • t�::;ts^'?�!3• !'�a'B,jtt.'r?j®iir:f!(1 PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS K tC eM r nrtn t K v(J S`/ CA a, o yZK A vV- tit tSnn(c_& !✓/• W J ✓S /dvtri2 8 L✓Jwi2C�.,.cL' S ) h/QWY4� �Jp��c o✓y (� o.� , ry f v)2t( )3 GnCGr( Ca o✓ �Iv� tN�v .�„ c�o "rkvct- C�wSGnvCrt -5-J AVrw `f1)iLIC /9VC) J , a-V k A! rr MILL �� 1r4 V�c 0V CV r}'Q.✓ Al'y'• r (7 `r.? Y ��h'ra�rQ /v�� STATE OF NEW YORK ) ss.: COUNTY OF i�) Vv4A YZLc-q 9_ r(rq N-'Te5 /I6rt ►� ��Xl�c�l ivrr n n' lVdw H)'h(r f3ft(l residing at yf 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, direAed 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 e ;that said Notices were mailed to each of said persons by (certified) ) mail.UU Sworn to before me this day of , 191 _ Notary Public LYNNE M.WICHRQWSKI WARY PUBUt State of New yoft No,4f-9653990 Qualified in Queens County Commission Expires .� nr.n► • l� ge (This side does not have' to be completed on form transmitted to adjoining property owners.. ) SHORT ENVIRONMENTAL ASSE'35141:11' lii14 IIISTRUCTION-St (a) In order to answer the quostiona in this short EAF is is assumed that the preparer will use currently available infona-ltion concerning the project and the likely impacts of the action. It is riot expected that additional studioe, reeearch or other investigations will be undortalcon. (b) If any question has been answered Yes the project rrny be significant and a ecr..pleted Environmental Assessment Form is necessary. (c) If all questions have been answered Ito it is likely that this project is not significant. (d) £nvironmentnl Assessment 1. Will project result in a largo physical change to the project sito or physically alter more than 10 acres of land? . . . . Yes "Ito 2• Will there be a major chango to any unique, or unusual land form found on the site? . . • • Yes Ito 3• Will project alter or have a large uffoct on an.existing body of water? Yea .-to 4. Will project have a potentially largo impacb on groundwater quality? . . • • • • . . • • • • Ye:l ! do `LJ 5. Will project significantly• effect drainage flow on adjacent sites? . Yns ✓ No •! 6. . Will project affect any throatunod or endanverod ;j i ui �- -plant or ani.-u11 species' . . . . Yc-, tlo n y• Will project result in it major advorao effect on air qual ty? . . . • • . • • • Yes �✓ !ta '. X o S• Will project have a a.a,jor effect on visual char.- actor of the community or scenic views or vistac Nknown to be important to the cormunity? Yea Ito 9. Will project adversely impact any site or struct.- j urre of historic# pro-historic, or paleontological importance or any site designated as a critical ✓ environmental area by a local agency? Yon No 10. Will project have a major effect on existing or future recreational opportunities? Yes Ho 11. Will project.result' in major traffic problems or cause a major effect to existing transportation 1 J _ 12. Will project regularly cause objectionable odorn, noise, glare, vibration, or electrical disturb- ✓ ante as a result of the project's operation? Yes Ito :1 13• Will project have any itapact on public health or L safety'' Yes . No 14. Will project affect tho exiuting community by directly causing a growth Ja permanent pupula- tion of mora than 5 percent over a one.-your period or have a major negative effect on the � character of the conununity .r neighborhood? . Yes 110 15• Is there public controvurn7 concernxn,; rho projer,t? Yes _ ✓ No PREPARER,S SIGNATURE: ,� J p _ TITLE: ® (A)!rt-11_ RMESENTING: DATE: �It/70 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. CERTIFICATE OF OCCUPANCY No, .2-29.'5......... Date ...................................t�...19........., 19..59. 4oldin Lane Southold N Y. THIS CERTIFIES that the building located at.............................f.......................�.....'...... Street Map NoN. —GO.1din.... Block No. `*...............Lot No. .p...&A...................................................... e • conforms substantially to the Application for Building Permit heretofore filed in this office dated ................................ pursuant to which Building Permit No. ...Ze..Jr��+....:........ dated .....................January...6............ 19..59.., was issued, and conforms to all of the requirements of the applicable provisions of the low. The occupancy for which this certificate is issued is .............. ..................................IV0... FAMZI+Y.A.1GWA .................................... This certificate is issued to 2va-&-Main,...owner....................... .................... (owner, lessee or tenant) of the aforesaid building. /� Building Inspector....'�v�� Howard M. Terry I ' -QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED WITH YOUR APPLICATION FORMS 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 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 N� *b) Are there any areas open to a waterway without bulkhead? Yes &__ Q9 3. Are there existing structures at or below ground level , Yes No such as patios , foundations , etc? 4. Are there any existing or proposed fences , concrete barriers , decks , etc? Yes f No 5. If project is proposed for an accessory building or structure , is total height at more than 18 feet above Yes No� average ground level ? State total : _ ft . . 6. If project is proposed for principal building .or _ structure , is total height at more than 35 feet above Yes No average ground level ? State total : ft . 7 . Are there other premises under your ownership abutting Yes No this parcel ? If .yes , please submit copy of deed. 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 Town Board Yes N ° Town Trustees Yes County Health Department Yes o Village of Greenport Yes N . Y . S . D . E . C. Yes Other Yes o 10 . Is premises pending a sale or. conveyance? If yes , please submit copy of names or purchasers and conditions of sale . (from contract ) . Yes ; ,No 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 Yes No the requirements of Ch . 97 of the Town Code? 13. Please list present use or operations conducted upon the subject property at this time R1/Lujjai&A _ and proposed *Please submit photographs for the record . I certify that the above statements are true and are being submitted for . reliance by th Board of Appeals in considering my. application . Signature Pr perty Owner Authorized Agent 3/87 1-k § 97-13 WETLANDS § 97-13 ` TOWN — The Town of Southold. TRUSTEES — The Board of Trustees of the Town of ' Southold. [Added 6.5-84 by L.L. No. 6-19841 WETLANDS [Amended 8-26-76 by L.L. No. 2-1976; 3-26- 85 by L.L.No.6-1985]: �`- A. TIDAL WETLANDS: (1) All lands generally covered or intermittently cov- ered with,or which border on, tidal waters,or-lands lying beneath tidal waters, which at mean low tide are covered by tidal water4' 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 grows or may. grow some or any of the following: salt hay, black ( grass, saltworts, sea lavender, tall eordgrass, 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" ;is 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 Ii(1)and lying with- , in seventy-five (75) feet landward of the.most land- o ward edge of a"freshwater wetland." / 9705 6 2-25-85 ' �—_ t^ , Standard N.Y.B.T.U. Form 8007* 1-81.2oM—Bargain and Sale Deed,w,rh Cos"enaw against or Corporacioi CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. 1 THIS INDENTURE, made the 26th day of December , nineteen hundred and eighty six BETWEEN EVA M. MAIN, residing at (no #) Peconic Bay B1vd. , .Mattituck, New York party of the first part, and CHARLES N. KAPOTES & DESPO KAPOTES, his wife, residing at 111 Executive Drive, Manhasset Hills, New York and ALI HOMAYUNI & ALEXANDRA HOMAYUNI, his wife, residing at 220-40 64th Avenue, Bayside, New York. party of the second part, WITNESSSEI'H, that the party of the first part, in consideration of TEN dollars, lawful money of the United States, and .other lawful consideration, Paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the SEE ATTACHED SCHEDULE "A" 1 v. E MAP NATION 000 CUl:i1"i"i 35.00 :100 022.000 'a a EL .n FTNC-3 Z�Ji.IZf.1 1 Ut�J. First American Title Insurance Company of New York Title No. 121-S-7171 SCHEDULE A PARCEL I ALL that certain plot, piece or parcel of land, situate, lying in the Town of Southold, County of Suffolk and State of New York, known and designated as and by part of lots 8 and 9, both inclusive, on a certain map entitled, "Subdivision of Property owned by Nathan Golden, " at Southold, Suffolk County, New York" , filed in the Office of the Clerk of the County of Suffolk on November 22, 1932 as Map #1106, which said part of lots when taken together are more particularly bounded and described as follows: BEGINNING at the corner formed by the intersection of the Southerly side of Soundview Avenue with the Easterly side of Golden Lane; RUNNING THENCE North 85 degrees 26, minutes 40 seconds East along the Southerly side of Soundview Avenue 109.83 feet to 'land - now or formerly of North Fork Motel; THENCE South 16 degrees 15 minutes 00 seconds East along said land 97.45 feet; THENCE South 85 degrees 26 minutes 40 seconds West, 99 .6.9 feet to the Easterly side of Goldin Lane; THENCE North 21 degrees 57 minutes 10 seconds West along the Easterly side of Goldin Lane, 100 feet to the corner to the point of place of BEGINNING. AMENDED The policy to be issued under this report will insure the title to such buildings and improvements erected on the premises which by law constitute real property. FOR TOGETHER with all the right, title and interest of the party of the first party,of,in and to the land lying CONVEYANCING in the street in front of and adjoining said remises. ONLY J. B p Pr zyN , r 1 YG;�1� � 0242 ' FTWC-3 � i. First American Title Insurance Compw,Vy of New York Title No. 121-S-7171 SCHEDULE A PARCEL II ALL that certain plot, pice or parcel of land, situate, lying in the Town of Southold, County of Suffolk and State of New York, known and designated as and by Lot 4, inclusive, on a certain map entitled, "Subdivision of Property owned by Nathan Golden, " at Sothold, Suffolk County, New York, filed in the Office of the Clerk of the County of Suffolk on November 22, 1932 as map #1106, which said lot is more particularly bounded and described as follows: BEGINNING at a monument set in the Northerly side of Soundview Avenue, the following two ( 2) courses and distance from the corner formed by the intersection of the Southerly side of Soutndview Avenue with the Easterly side of Goldin Lane; 1) North 85 degrees 26 minutes 40 seconds East, 109 . 83 feet; 2) North 16 ,degrees 33 minutes 54 seconds West., 67 .48 feet to the point of Beginning; RUNNING THENCE South 85 degrees 26 minutes 40 seconds West of the Northerly side of Soundview Avenue, 40 feet; THENCE North 10 degrees 51 minutes 10 seconds West, 177 .63 feet to the high water mark of Long Island Sound; THENCE North 87 degrees 11 minutes 20 seconds East, along the high water mark of Long Island Sound 48 .87 feet; THENCE South 8 degrees 01 minutes 55 seconds East, 175 . 38 feet to the point or place of BEGINNING. Subject to rights of owners of Lots , and 1 purposes said parcel for access to the Long Island Sound a for bathing AMENDED The policy to be issued under this report will insure the title to such buildings and improvements erected on the premises which by law constitute real property. FOR TOGETHER with all the right,title and interest of the party of the first party,of,in and to the land lying CONVEYANCING in.the street in front of and adjoining said premises. ONLY Page 2 { } 10242. PG 1D - -4 TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof, TOGETHER with the appurtenances and all the estate and tights of the party of the first part in and to • said premises, TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. V4D the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been incumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right.to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any.part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN VVrI'NM WHEREOF,the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: n/ "? EVA M. MAIN STATE of NEw Yom CouNw of SUFFOLK ass STATE Of NEW TOES.COUNTY of ws On the 26th d&y of December 19 86 . before me On the day of 19 , before me personally came personally came EVA M. MAIN to me known to be the individual described in and who to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the foregoing instrument, and acknowledged that executed the same. executed the same. otary Public S ANDRA M. Coop& NOI;'kY PUBV' `,,-le of New York No. 4 8 0 14, Suffolk County Tsrm Expires March 30, 19 7 STATE OF NEW TOES.COUNTY OF as: STATE OF NEW YORK, COUNTY OF as: On the day of 19 , before me On the day of 19 , before me personally came personally came to me known,who, being by me duly sworn, did depose and the subscribing witness to the foregoing instrument, with say that he resides at No. whom I am personally acquainted, who, being by me duly sworn, did depose and say that he,resides.at No. that he is the of that he knows the corporation described in and which executed the foregoing instrument; that he to be the individual knows the seal of said corporation; that the seal affixed described in and who executed the foregoing instrument; to said instrument is such corporate seal; that it was so that he, said subscribing witness, was present and saw affixed by order of the board of directors of said corpora- execute the same; and that he, said witness, tion, and that he signed h name thereto by like order, at the same time subscribed h name as witness thereto. jkt'gain Anb bale oeta SECTION WITH COVENANT AGAINST GRANT-oR'S ACI'S BLOCK l No. - LOT COUNTY OR TOWN' MAIN TAX BILLING ADDRESS TO Recorded At Request of The Title Guarantee Company KAPOTES & HOMAYUNI RETURN BY MAIL TO: -fANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS Irwin Miller, Esq. oinribut&4 by 1 Old Country Road r�TITLE GUARANTEE- Carle Place, New York 11514 tJ NEW YORK Zip No. ATICOR COMPANY i C CL E V m 2070 c c