HomeMy WebLinkAbout3628 `sue G2i
Southold Toova Board of A eals
MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I.. N.Y. 11971
TELEPHONE (516) 765-1809
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 3628
Application 'Dated April 14 , 1987
TO: [Appellant (s) ]
Rudolph H. Bruer , Esq .
Patricia C. Moore , Esq .
Edson and Bruer as Attorneys for GEORGE AND JANE KAYTIS
Main Road
Southold , NY 11971
At a Meeting of the Zoning Board of Appeals held on October 28 , 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 , Bulk Schedule
[ ] Request for
Application of GEORGE AND JANE KAYTIS for Variances to the Zoning
Ordinance , Article III , Section 100-31 , Bulk Schedule , for approval of
insufficient area of two proposed parcels , ,Lot #1 of 40 ,000 sq . ft.
and Lot #2 of 1 . 443 acres , and insufficient frontage of Lot #2 along
Robinson Road , Southold , NY; County Tax Map Parcel No. 1000-81 -03- 15 . 4
(or 12 ) .
WHEREAS , a public hearing was held and[-,concluded on September 10 ,
1987 in the Matter of the Application of GEORGE AND JANE KAYTIS under
Appl . No. 3628; and
WHEREAS , at said hearing all those who desired to be heard_
were heard and their testimony recorded ; and
WHEREAS , the Board has carefully considered all testimony
and documentation submitted concerning this application ; and
WHEREAS , the Board Members have personally viewed and are
familiar with the premises in question, its present zoning , and
the surrounding areas ; and
WHEREAS , -the Board made the following findings of fact :
1 . The. premises in question is a described parcel
containing a -total area of 2 . 361 acres with frontage of 244 . 02
feet along the east side of Paradise Point Road and 50 . 03 feet
along the south side of Robinson Road at "Paradise Point , "
Southold .
2 . The subject premises is identifi-ed;.on the Suffolk
County Tax Maps as District . 1000 , Section 081 ,-" Block 3 , Lot
15 . 4 (previously 12 ) and is presently vacant.
3 . By this application , appellant requests area variances :
(a ) for proposed Lot #1 of 40 ,000 sq . ft. in area , and (b)
for proposed Lot #2 of 1 . 443 acres , as more. particularly shown
on Map prepared by Roderick VanTuyl , P . C . August 11 , 1986 and
revised January 22 , 1987 (.File #2241 -2 ) .
( CONTINUED ON , PAGE TWO )
DATED: November 16 , 1987 . - CHAIRMAN, SOUTHOLD TOWN ZONING BOARD
OF APPEALS
Form ZB4 (rev. 12/81)
Page 2 - Appl . No . 3628
Matter of GEORGE AND JANE KAYTIS-
Decision Rendered October 28 , 1987
4 . Upon information and belief, it is the understanding
of this Board that the immediate area , consisting of County
Tax Map District 1000 , Section 81 , Block 3 , Lots 15 . 2 , 15 . 1 ,
12 , 15 . 3 , 11 , and 28 , were owned by James Furman Neefus and
his wife , Minnie Neefus and consisted of approximately 10±
acres . After research , it was found that several conveyances
have been made by the Neefuses between February 1967 and
April 1976 as follows :
(a ) County Tax Map Lot 28 (of 1 . 65± acres ) was
conveyed on April 4 , 1973 to George and Jane Kaytis ;
(b ) County Tax Map Lot 11 (of 2 . 75± acres ) was
conveyed to James F. Neefus , Jr . February 28 , 1967 ;
(c ) County Tax Map Lot 15 . 3 (of 2 . 9± acres ) was
conveyed to James F. Neefus , Jr. February 3., 1976 ;
(d) County Tax Map Lots 15 . 2 and 12 (now 15 . 4)
of 2 . 361 acres was conveyed to the applicants herein on April 19 ,
1966 by single deed at Liber 5944 cp 97 (as well as the . 45±
acre adjoining right-of-way to the south known as Lot No . 15 . 1
by deed at Liber 8011 cp 518 on April 1 , 1976 ) .
5 . For the record , town approval was found only for
the set-off of Lot 28 in paragraph (a) , supra , under Board
of Appeals action rendered February 15 , 19735 Appl . No . 1724 ,
and Planning Board action of September 23 , 1980 . No other
approvals have been found in town records for the other
conveyances .
6 . In viewing the immediate area , the Board finds that
all of the lots are of a size greater than that proposed by
this application , to wit , County Tax Map Lot No . : (a ) 11 of
2 . 75± acres , (b ) 13 of 2 . 0± acres , (c ) 14 of 1 . 5± acres ,
(d) 15 . 3 of 2 . 9± acres , (e ) . 15 . 2 of 3 . 4± acres , (f) 28 of
1 . 65± acres , (g ) 9 of 1 . 8± acres .
7 . Arti-cle III , Section 100-31 , Bulk Schedule of the Zoning
Code requires a minimum lot area of 80 ,000 sq . ft . , minimum lot
width of 175 feet , and minimum lot depth of 250 feet .
8 . The amount of relief requested from the lot area
requirements is a total of 70± percent for both lots , and
50% of a,-variance or 40 ,f000 sq . ft . as proposed for Lot #1 ,
and 21 ±% of a variance or 29 ,400 sq . ft . as proposed for
Lot #2 .
9 . It is the opinion of the Board that the percentage of
relief requested is substantial in relation to the , require-
ments and the granting of the variances requested will not be
within the character of the lots in the immediate area .
10 . In considering this application , -the Board also finds
and determines that : (a ) the difficulties claimed are not suffi -
cient to warrant a granting of the relief requested ; (b ) the
percentage of relief requested is substantial in relation to the
requirements ; (c ) the difficulties claimed are self-created
and are not sufficient for the grant of this variance ; (d )
the lot as exists with a total acreage of 2 . 361 acres is only
. 40± of an acre larger than the 80 ,000 sq . ft. requirement ;
Page 3 - Appl . No . 3628
Matter of GEORGE AND JANE KAYTIS
Decision Rendered October 28 , 1987
(e ) the variance will in turn cause a substantial effect on
the safety , health , welfare , comfort , convenience and order
of the town ; (f) in view of the manner in which the diffi -
cutlies arose , and in consideration of all the above factors ,
the interests of justice will best be served by denying the
variance applied .
Accordingly , on motion by Mr . Douglass , seconded by
Mr. Grigonis , it was
RESOLVED , to DENY the relief requested under Appl .
No. 3628 in the Matter of the Application of GEORGE AND JANE
KAYTIS .
Vote of the Board : Ayes : Messrs . Goehringer , -Grigonis ,
Doyen , Douglass and Sawicki . This resolution was duly
adopted .
1 k
GERARD P . HRINGER; ,H'AIRMAN
1+
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
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 , SEPTEMBER 10 , 1987 at the
following times :
7 : 35 p . m. Appl . No . 3651 - DEAN KAMEN . Variances to
the Zoning Ordinance , Articles : -- (a) III , Section 100-32 as
to excessive height , (b) XI , Section 100-119 . 2 as to
insufficient setback from ordinary hi�ghwater mark of Long
Island Sound , of. a proposed wind-tu-rbine-generating- tower
to be constructed landward or near existing granite mofiblithic
structure . Location of .Property: North Dumpling Island ; 'NY ;
County Tax Map Parcel Noe 1000-.130-01 -004.
7 :40 .p .m , Appl .. No. 3662 = THOMAS 'AND �FRANCES SMITH ,
.. Variances to the Zoning Ordinance, Articles : ...( a) III , - Sec-
tion 100-3.1 , Bulk Schedule., 'as to an insufficient sideyard
setback of garage , when attached to principal dwelling-
structure with raised open-deck construction, '(b) XI,- Section
100-119. 2 for an insuff-i-cient setback from existing seawall
landward of .wetland area for proposed deck addition , ' (c)--
III , Section 100=32 , 'for approval of garage as an accessory
structure in the sideyard area as an alternative to attaching
same to dwelling structure _ Location of Property:. 200 Hay-
waters Drive; .Cutchogue , 'NY; - County Tax -Map - Parcel No .
1000-104-05-19.
7 :45 p .m . Appl .- No . '3622 CHRI.STIAN. 'B. SALMINEN . Variance
to the Zoning- Ordi:nance ,. Article XI, Section 100--�119 ,2 for
permission t.o construct deck addition to dwelling- an-d accessory
stairs , both with an insuffi..cient :setback from edge of Marion
Lake , or landward edge of- freshwater wetland , whichever is
closer . Location of- Property :. 240, Lakeview Terrace , 'East
Marion , NY ; County T-ax -Map Parcel No . 1000-31 -9-15 .
. . . . . . . . . . . . . . . . . . . . . .
7 : 50 p . m. Appl . No . 3658 -= PAUL 'AND -CORRINE FERDENZI .
Variance to the Zoning Ordinance , Article III , Section 100-32
for permission to locate accessory building in frontyard area .
Location -of Property . 470 Haywaters Drive; Cutchogue , NY ;
- County Tax -Map Parcel No . 1000-.104-5-21 .
Page 2 - Legal Notice of Hearings
Regular Meeting - September 10 , 1987
Southold Town Board of Appeals
7-: 55 p .m . Appl . No . 3665 - LEHESK BUILDING CORP . Variance
to the Zoning Ordinance , Article III , Section 100-31 , Bulk
Schedule , for approval of construction of open deck with an
insufficient rearyard setback at 360 Sebastian ' s Cove Road ,
Sebastion Cove Lot No . 5 , Mattituck , NY ; County Tax Map
Inn . n?_ 11 ` 9 ,
8 :05 p .m. App] No . 3593 = .QUI.ET MAN. INN (Reconvened
from May 21 , 1987 ) . . Variance to the Zoning: Ordinance , Article
VII , Section 100=71 ,`Bu.lk -Schedule, for permission to construct
addition in this-l "B=l " General. Business Zoning District with
an insufficient frontyard setback from the westerly:,.pro-perty
line along Hobart Avenue . Locatio-n"' of Property : -Corner of..
Main Road• and Hobart. Ave`nue ,'..'Southold., W; County. Tax Map-
Parcel no . 1000-.62-3-7 .
8 : 10 .p . m. ' Appl . No _ 3659 = '._QUIET 'MAN .INN . Variance to
the Zoning Ordinance , Article XI., - S-ect-ion. 100.-112' (and
- Article III , Section- 100 =.31 ) for approval of i.nsuffi_ci.ent
number of parking spaces- of .this preexisting business use . '
Location of 'Property : Corn-er of Main Road and Hobart. Avenue ,
Southold , NY; County. Tax Map Parcel. No . 1000-62 -3-7.
8 :20 .p .m . Appl .. No. 3628 = 'GEORGE 'AND- 'JANE 'KAYTIS .
Variances. to the -Zoning Ordinance ; Article III, ,Section. -
100-.31 , Bulk Schedule , for approval of insufficient area
of two proposed parcels--; *Lot:-#1 of--,40-;000 sq-. ft. and
Lot #2 of 1 .443 :acres , and .insufficient frontage of Lot #2
along Robinson Road , 'Sout'hold ,. NY ;. County Tax-- Map:-: Parcel
No . 1000-8.1 -03-15 .4� (or 12 ) .
8: 35 p .m. Appl . No .. 3654. 'WILLIAM M.00RE.19 'ES Q: and
BENJAMIN .'HERZWEIG ;-:ES'Q. Variance t-o the ZQ-ning-- Ordi.:nance,
Article XI , Section 100-.119.,2' for permission to establish
"building envelope" with setbacks of not less.. than 38 feet .
from nearest we.t}.ands along existing two-foot contour and
not less than 30 - fe.et from- the 'front property line (as
approved under Appl . No . '3412 , 'June 30., 1987) .-- Location
of Property : 675 .Meadow Lane ; Mattituck , 'NY ; Mattituck
Estates Lot No . 42 ;. 1000-.115-.5-7 . ( Reconvened from 8120/87) .
,y
Page 3 - Legal Notice of Hearings
Regular Meeting - September 10 , 1987
Southold Town Board of Appeals
8 : 55 p . m. Appl . No . 3653 - NORTH ROAD ASSOCIATES .
(Reconvened from August 20 , 1987 ) . Variance for approval
of access at Orient.
The board of Appeals will hear at said time and place
all persons or representRti�.les desiring to hP 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 : August 20 , 1987 . BY ORDER OF THE SOUTHOLD TOWN
BOARD OF APPEALS
GERARD �P . ' G-OEHRINGER, CHAIRMAN
Linda Kowalski , Board Secretary
---------------------------- ---------------------------------x
Notice to Newspapers Please publish once, to wit :. -Sept 3rd,
1987 and forward one affi.d.a-vit.,. of,.._pu.b7 icati on to :. Board of
Appeals , Main Road, 'Southo.l d , 'NY_, 1 1971 .
---------------------------------�------------------------------x
FORM NO.3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
FileNo. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date . . . . . . . . . . . . . .. 19 �. .
To POA . 7. 4ru. . Kt.U4. . . . . . . .
01
. � LIP. 9.7.1 . . . . .
PLEASE TAKE NOTICE that your application dated . . .� � '�. . . . . . . . . . . .. 19 gb
for permit to cyst . -�> . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . at
Location of Property .? .d. . . °a- . . � . . . . . 4 �
House No. Sheet Hamlet
County Tax Map No. 1000 Section . . . . . . . . . Block . . . . . ,3 . . . . . ,Lot . 1 p q . . . . . . .
Subdivision . . . . . :.. . . . . . . . . . . Filed Map No. . . . . . . . . . . . . . . . . Lot No. . . . . . ... . . . . . . . . . .
is returned herewith and disapproved on the following grounds
. . . . . . . . . .%.
Building Inspector
RV 1/80
2��
WAG
TOWN OF SOUTHOLD, NEW YORK
APR 14 1�1 �
TOPDXISEft- NOW DECISION OF BUILDING INSPECTOR APPEAL NO.
DATE ..!#M41 H..............
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
1 (We) ....George Kaytis.... 0........................of ....(No#) Paradise Point Road......................
Name of Appellant Street and Number
Southold.... ... . .. .................................... ..N.Y. ..............HEREBY APPEAL TO
........y .....
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT =.to..:aUW. Vift............. DATED ....M6/86
WHEREBY THE BUILDING INSPECTOR DENIED TO
George & Jane Kaytis
.................................................................................
Name of Applicant for permit
of .Paradise Pt. Rd. ,.. .................Southold,..N....Y........... .................................
. . .
Street and Number Municipality State
( ) PERMIT TO USE
( , ) PERMIT FOR OCCUPANCY
( X) PERMIT TO SUBDIVIDE
1. LOCATION OF THE PROPERTY 3740 Paradise Pt. Rd. "A" Residential/Agricultural
.................................................................................
Street Use District on Zoning Map
................................................................Current Owner GEORGE & JANE KAYTIS
Nlap No. Lot No.
2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
section and Paragraph of the Zoning Ordinance by number. Do not quote the.0rdi-nance.)
Article I, Section 106-20 & Article III, Section 100-31
3. TYPE OF APPEAL Appeal is made herewith for
(X ) A VARIANCE to the Zoning Ordinance or Zoning Map
( ) A VARIANCE due to lack of access (.State of New York Town Low Chap. 62 Cons. Laws
Art. 16 Sec. 280A Subsection 3
4. PREVIOUS APPEAL A previous appeal l (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
(x ) A Variance to the Zoning Ordinance
is requested for'the reason that
Appellant desires to set-off a 40,000 sq. ft. lot from this 2.361 acre parcel.
Form ZB1 (Continue on other side)
REASON FOR APPEAL Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or. unneces-:
sary-HARDSHIP because
Appellant would be unable to divide this property to provide a
building lots for the use of his two children.
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
This property, along with the three adjacent properties immediately to
the north and east, form the Neefus family compound. It has always
been the intention of the family to maintain these properties for use
by family members and to provide for additional residential
construction as needed. It was merely lack of forethought, on the
part of your Appellant, that this proposed division was not pursued
prior to the institution of two-acre zoning.
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because
This property is separated from other property designated on the
proposed Southold Town. Master Plan as "A-40." , only by a 50-foot wide
private roadway. A number of the properties to the north, although
proposed to be further upzoned, are pre-existing one-acre lots . In
addition, the set-off parcel will have safe and direct access by way
of Paradise Point Road.
STATE OF NEW YORK )
ss .. . ..... ......... .......:.................
. .. . . . . . . .... . .
COUNTY OF SUFFOLK ) Signature
/ .. ay of.. ..................April:............ .... 87
Sworn to this ..................... ................. ... d .... .... 19
i�
...................... ...................................................
Notary Public
MARY DIAfTA FOMR
NOTARY PUBLIC, State of New YatR
I4o.%52.4655242. Suffo count
Commission Expires •(� C/
P• OF S UTHOLD PROPERTY RECORD CAR®
OWNER STREET VILLAGE DISTRICT SUB. LOT
10
FORMER O10NER N E ACREAGE .
Zr D
' S � W TYPE OF BUILDING
�e;�
RES. ' SEAS. I VL. 3�� FARM COMM. I IND. I CB. I MISC.
LAND IMP. TOTAL DATE REMARKS q 9
1-
86 �Z - Alec cG� A� -
f fir, /; ,' f c- 1 �✓ / /y
p^.. D// �O •T .Po//rJ /+ --r'.- �//,� .{•///. /C
- S S 9"1 tf S�`ts>P -T - l /,sue J
GAGE L9MG CONDI F-/,-)
NEW NORMAL BELOW ABOVE
Farm j Acre Value Per Acre j Value
Tillable 1
i
Tillable 2 . I
Tillable, 3 i
Woodland
Swampland j
Brushland
House Plot
Total j
O�0
muthol T-Own
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 December 4 , 1987
Patricia C. Moore , Esq .
Edson & Bruer
Main Road
Southold , NY 11971
Re : Appl . No . 3628 - George and Jane Kaytis (Variance )
Dear Mrs . Moore :
Transmitted herewith for your record is a copy of the
Suffolk County Department of Planning ' s response following
our referral under the Suffolk County Administrative Code
in the above matter .
Yours very truly ,
Linda Kowalski
Enclosure
k
COUNTY OF SUFFOLK
MICHAEL A. LOGRANDE
SUFFOLK COUNTY EXECUTIVE
DEPARTMENT OF PLANNING LEE E. KOPPELMAN
DIRECTOR OF PLANNING
December 3, 1987
Mr. Gerard P. Goehringer, Chairman
Town of Southold Zoning Board of Appeals
Southold Town Hall - Main Road
Southold, New York 11971
Re: Application of "George & Jane Kaytis" (0 628)
Townof Southold (SD-87-30).
Dear Mr. Goehringer:
Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk
County Administrative Code, the Suffolk County Planning Commission on
December 2, 1987, reviewed the above captioned application and after due study
and deliberation Resolved to disapprove it because of the following reasons:
1. It would only tend to undermine the effectiveness of the zoning
ordinance;
2. It is inconsistent with the prevailing lot size pattern in the
surrounding area;
3. It would tend to establish a precedent for the continuance of such
undersized lots in the locale; and,
4. There appears to be no demonstrable grounds of practical difficulty or
unnecessary hardship at the site.
Very truly yours,
Lee E. Koppelman
Director of Planning
b
Gerald G. Newman
Chief Planner
GGN:mb
VETERANS MEMORIAL HIGHWAY
HAUPPAUGE. L.L. NEW YORK 1 1788
(51 6)360-51 92
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
Pursuant •t•o Article XIII of the Suffolk County Charter , the
Board of Appeals of the Town of Southold , New York , hereby refers
the following to the Suffolk County Planning Commission :
XX Variance from the Zoning Code , Article III , Section 100-31 Bulk
Schedule
Variance from Determination of Southold Town Building Inspector
Special Exception , Article , . Section
Special Permit
Appeal No . : 3628 Applicant : George and Jane Kaytis
Location of Affected Land : Robinson Road, Southold, 'NY
County ' Tax Map Item No . : 1000-81-3-15. 4
Within 500 feet of :
Town or Village Boundary Line
XX Body of Water (Bay , Sound or Estuary )
State or County Road , Parkway , Highway , Thruway
Boundary of Existing or Proposed County , State or Federally Owned Lar
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 .
approval of
COMMENTS: Applicant is requesting pc&mx:k!Ksck&m ka insufficient area of
two proposed parcel s and -insufficient frontage along Robinson Road.
Copies of Town file and related documents enclosed for your review .
Dated :November 20, 1987
� ' Yfjt j 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
JOSEPHH. SAWICKI November 18 , 1987
Patricia C. Moore , Esq .
Edson & Bruer
Main Road
Southold , NY 11971
Re : Appl . No . 3628 - George and Jane Kaytis (Variance )
Dear Pat :
Transmitted herewith for your file is a copy of the
official findings and determination as recently confirmed
with you in the above matter.
Yours very truly ,
GERARD P . GOEHRINGER
CHAIRMAN
By Linda Kowalski
Enclosure
Copy of Decision to :
Planning Board
..Building Department
TRANSCRIPT� OF HEARING
SOUTHOLD TOWN BOARD OF APPEALS
REGULAR MEETING OF
THURSDAY, SEPTEMBER 10, 1987
App1 . - No . .3628
Appli cant (s ) : GEORGE AND JANE KAYTIS
Location. of Property : Robinson Road, Southold
County Tax-.Map ID No . 1000= 81 *- 3 15. 4
Board Members present were : Chairman Goehringer P . Goehringer ,
Members : Serge Doyen, Jr. , Robert J. Douglass and Joseph H. Sawicki.
Absent was : Member, Charles Grigonis, Jr.
The Chairman opened the . hearing at 8 :52 o ' clock p .m . and
read the notice of hearing and application for the record .
CHAIRMAN GOEHR-I-NGER: I have a copy of a survey with a date of August
8 , 1986 produced by Roderick Vain-Tuyl, P.C. indicating the existing
lot number 1 to be set off of 40-,000 square feet and lot number 2 ,
which is (as drawn) a proposed house on it approximately 50 feet
from the right-of-way of 1:.443: .acres which is also the nature of
this application. And I have a copy of the Suffolk County Tax Map
indicating this and surrounding properties in the area. Is there
somebody who would like to be heard?
MRS. MOORE: I'd like to state, the 'application for the most part
speaks for itself but I would like to emphasize that this is a family
compound. From the tax lot numbers is the easiest way to describe
this. Tax lots 11, 15. 4, 15. 3, 15. 2,and 15 are all family-owned par-
cels. I believe that :you may know the Neethus Family who is the grand-
father, who owns a larger parcel and then the daughters and son-in-laws,
(excuse me) son, daughter own,.-the-other parcels. And the one that is
left over, is 'the one that is being set off today which would create
two lots. --...,One for each son. So it is- maintaining the family compound
style there and that is the purpose of the set off. I'd like to empha-
size that the lots to the north which are the long parcels described as
15. 7 15. 6 , 15.��3. •and 14. 3 which all abutt the Southold Bay, are actually
quarter acre Yots. Which because of buffers, are now 2. 3 acre parcels.
But there are actually covenants on these parcels which would not allow
any construction in -this area. So the fact that we are creating one
acre lots,:'-is -in__conformity' with the...quarter.-acre. lots right across _to
the-:north which would be on' Robinson Road. In addition to those quar-
ter acre lots, you continue on Robinson Road and there are additional
quarter acre lots. So we' are in conformity with the rest'..of':the neigh-
borhood if you look to__the north. Obviously, if you look to. the south,
you have 1. 5 and 2 acre parcels. So it varies. This . . ; area is very
developed and you take it one piece at a time out there. This road,
Page 2 - George and Tane Kaytis Hearing c
!, Z.B.A. - 9/10/87
MRS. .* .MOORS (continued) :
the set off parcel does have access by way of North Bayview Road
and Paradise Point Road as well as the other side which is the
other side of the parcel which goes directly on to Robinson Road.
So this lot has two access points without creating any further
right-of-ways or additional access. To the northwest is a parcel
which is now proposed one acre. So we're talking about a difference
between the proposed_ one acre zoning and a proposed two acre zoning
by way of this road and it' s difficult to break one piece from the
Other just by way of a road. The community still remains (essential-
ly) one acre.
CHAIRMAN: Are you referring to the road as 15. 1? Is that what you
mean by. . .
MRS. MOORE: No. Robinson Road. Robinson Road is the division line
between the proposed one acre and the two acre. The water ih-'_this
area is the determining factor. We believe that the water will be
good. We have not received any negative responses from the Health
Department and we are still proceeding with the Health Department.
But that should be the ultimate factor on whether or not this setoff
should occur, is whether the Health Department finds good water. The
application is before you and we _request that you allow the setoff.
CHAIRMAN: Can I just ask a question? Is 15. 1, is that added into
the square footage of the lots or is that a. . . . ? I understand it is
in the same name. It' s the right-of-way to the north.
MRS. MOORE: Would that be Paradise Point Road? There is a flag lot.
CHAIRMAN: I was referring to this here. That and that are the same.
And my question was; is.--this square footage added into this or is this
exclusive of. that?
MRS. MOORE: To be honest with you, I don' t know. I would presume it
is included but I don't know for sure. If it' s part of their deed, it
would depend on what their deed says and I don' t know off hand what the
deed says. I can check that.
MRS. KAYTIS : Are you talking about this right-of-way?
CHAIRMAN: Yes , that right-of-way.
MRS . KAYTIS No-. This is our 50 foot right-of-way.. That's not in-
cluded in this part.
CHAIRMAN: Ok. Thank you very much.
MRS. MOORE : Are there any other questions?
CHAIRMAN: Not right at the moment. Thank you.
MRS. MOORE : I will double check that.
Page 3 - George an, ane Kaytis Hearing
Z .B.A. - 9/1.0/87
CHAIRMAN: You might also find out who has a right--of-way over that
right-of-way. You all do. Is there anybody else who would like to
speak in favor of this application? Is there anybody who would like
to speak against the application? Do you want to start.
MS. ALEXANDER: I'm the adjoining property owner. I vehemently ob-
ject to having two houses on less than 21-2 acres because I feel that
Southold has spent a great deal of money on the Master Plan for two
acre zoning and I'=feel that this just. 1dughs at the whole thing; if
you allow these people to break this up for whatever reason and put
two houses on less than 2z acres. The whole area, the area that we
live in, is not part of that Paradise Point community. This is out-
side of that Paradise Point Community. It' s a wooded area. -It' s a
beautiful quiet area. -;It' s full of wildlife. - There are deer, there
is turkey, racoons. There is all sorts of wildlife there. Plow, if
he wants to put one house there, fine. But I just really object to
having two houses on 22 acres.
CHAIRMAN: Thank you very much Mrs. Alexander. Is there anybody else
who would like to speak? Yes sir. Could I ask you to state your name
-for the record.
DR. ROSEN: I own a house very close to that. My property is 27-21.
I 'm one of the people who have a right-of-way.
CHAIRMAN: Over that 15. 1 that goes in.
DR. ROSEN: One of the primary reasons the
is that this entire property belongs to Neethus and he' s dividing up
into pieces of land for his children and his grandchildren. I 'd like
to ask the Board when the two acre zoning came in?
CHAIRMAN: April of 183, sir.
DR. ROSEN And'-when was this land given to Mr. Kaytis?
CHAIRMAN: I have no idea.
DR. ROSEN: Well, I think he. believes, yet he .says::.by'-.4n oversight,. he
did not allow this new zone to effect without his opposing it because.--
it's private property and it' s part of group housing (so to speak) for
his family. Then he applied it and went` to a new zoning.
CHAIRMAN: I do see on the map that it says 4/1/76 .
DR. ROSEN That Kaytis had it?
CHAIRMAN: It just says 4/l/76 . I don' t know if that' s the time it
was receipted to him or not.
DR. ROSEN: Did he own it in 4/1/76?
CHAIRMAN: It' s in Kaytis now doctor.
. F
Page 4 - George ant_ ane Kaytis Hearing
Z.B.A. - 9/10/87
DR. ROSEN: That I do know. I also did know that Neethus at one
time, was trying to sell that land to other people. So that he
was trying to sell someone else's land in some other zone before
he sold. The Neethus grandmother has many more than these 2. 1
acres or whatever is in which there can be many more than two acres
to each child or grandchild that is existing in the family. Now,
Mr. and Mrs. Neethus live on the land before it was
And .with that, they acquired (I'm not sure) how many acres, 10 acres
or 12 acres. A piece of which is what Mr. and Mrs. Kaytis live on
at this time next door to. . . I don!-.t believe:.:I' know the names but
they do live on land which is within Paradise Point. It's next to
people by the name of :Boyd. You can't tell that to them. We built
that house 7 years ago and I've been living there ever since. Now,
so that if the real reason is not to break down the one acre/two acre
zoning to one acre because they'd like to make more money, but to live
within the property of the Neethus compound. Then there' is lot of
land they can do that. Actually they can build a house on this land
that they!re talking about' now that they would like to make in-' to
two pieces on that land. Nobody would object to them putting a house
on that land because it conforms to the area. It conforms to the
zoning. The people who are in the area have bought and built there
because of the fact that it is economic land. It' s been said, there
is wildlife. It' s wooded, it' s completely wooded. ' It's lovely land
and people want to keep it as two acre lovely land.
CHAIRMAN: Thank you. Is there anybody else who would like to speak
against? Kindly state your name for the record sir.
MR. HENNESSEY: I 'own the property next to Mabel' s. in: fact-o :.
CHAIRMAN: Lot number 14 , tax map number.
MR. HENNESSEY: I don' t recall when but I': must have been speaking
before this night when John Nichols proposed a two acre zoning and I
was for the two acre zoning. Now, I don't know of all the family com-
pound things. But all I know is ' that we have one parcel is 2. 6 acres,
the next parcel 3. 4 acres, this parcel is 2. 9 acres. It isn' t because
of.._:the right-of-way; 2. 9 acres, 2. 0 acres, 3. 4 acres, 2.2 acres. This
isn't. . . I don' t know how many feet it is and I' :think that's a require-
ment from when you."r.e going to try to do one acre zoning. We
have, as a council, quarter acres in our area. rAmd I strongly urge that
the John Nichols proposal, two acre zoning which I spoke here two years
ago and I speak here again.be. kept in. I don' t know about family com-
pounds. All I can look at is this map and this map does not say- that
grandfather and grandson and whatever it is. If that:'..should. have• been
been subdivided, it':.should have been subdivided prior to that. 7h fact
I spoke -to Mabel prior to that and Mabel is the one most effected.
Mabel Alexander is directly across. I said, you know Mabel, you have
a chance because John is trying to ,push the two acre zoning. She said,
I don' t want that. I want two acres and she' s got a lovely little cot-
tage right across the street. Right across the right-of-way and I think
you'd be doing a tremendous dis-service. And I don' t know why that if '
it' s a family compound; then there -are other alternatives. And as we
all know, there are two alternatives. I would like to thank you.
CHAIRMAN: Thank you sir. In rebuttal, I think this lady wants to say
something.
Page 5 - George an( ane Kaytis Hearing.
Q .B.A. - 9/10/87
MRS. KAYTIS: I really don' t „know what -to say. As far as the right-
of-ways go, I don' t think that comes into it at all. ' It strictly is-
just to divide the property up so that we can have our children have
an equal amount of property and that's it. We're not interested,- in
selling. We do not want to change the environment or the woods and
_the squirrels and all that stuff. We just want to be able to keep it
the way it is and be:.-able to have an acre for each of our children.
CHAIRMAN: Thank you. Anything else Pat?
MRS. MOORE: No.. I 'd just like to emphasize that this whole area is
not uniformed. So that, it's hard to distinguish between one acre
versus another acre.
CHAIRMAN: Ok. Again, Mrs. Alexander you have something?
MRS. ALEXANDER: May I ask how are we assured, if this is broken up
to that acre, how we are assured this will come into the hands or
will remain in the hands of said child?
MRS. KAYTIS : I don' t legally know- how we could do. that. .
CHAIRMAN: Mrs. Kaytis, you have to. . . We're taking this down elec-
tronically. You have to approach the Board with a question. It-:.can'.f
be bounced back and forth in the audience.
MRS. KAYTIS; To answer her question, I don't know legally. .how it could
be done but that is our only intention, is to divide it among our chil-
dren.
CHAIRMAN: Yes, doctor.
DR'. ROSEN: I want -again, to ask if there isn't enough land in the
Neethus compound so that other land can be divided so he conforms to
our zoning. ` I would also like to inform Mrs. Kaytis. The conversa-
tion I had with Mr. Neethus, Jimmy Neethus, .Mrs. Neethus a few years
ago. We were discussing buying some land adjacent to the Neethus '
and to me. And we found some land that. Mr. Neethus. . . . He and I had
talked about it. . . .
CHAIRMAN: Doctor, you're going to have to use the mike. I apologize
but we can't hear it.
DR. ROSEN: During conversation with Mr. Neethus, (Perry Neethus) , Mrs.
Neethus, Jimmy Neethus. We pointed out some land that we thought was
very desireable that Jimmy could probably build a house on, and Jimmy
took one look. I don' t want to live in Levittown, that's an acre. I
am not going to live in Levittown. If you want to live in Levittown,
that's fine. But I_-.think the Kaytis ' ..and the Neethus ' already know.
I don't want to live in Levittown either. And if this- was their at-
titude, then I can' t see how it could have possibly changed their mind.
MR. KAYTIS: May I respectfully say that the property that Dr.
Rosen is speaking of is not in any way shape or form, connected with
.the property that we want to divide. --.He's-. talking about waterfront
property that was adjacent to Mr. Neethus ' property, my father' s in
between Neethus and Rosen. It had nothing whatsoever to do with the
Page 6 - George anc ine Kaytis Hearing
Z.B.A. - 9/10/87
MR. KAYTIS (continued) :
property that we are discussing tonight.
CHAIRMAN: Thank you. Yes, doctor.
DR. ROSEN: I'd like to point out that again that that' s all I 'm '.:..
talking about. I 'm talking about one acre zoning compared to two
acre zoning. The Board has rightfully decided that two acre zon
ing is what this town had had. There's no real reason, . except
really great personal needs or illnesses or something like that
for that to be broken down. I remember also, a couple of years
ago the property called the North Bayview Road, a large piece of
property on North Bayview Road and Jacobs Lane. That was knocked-,
down to one acre zoning. Unfortunately, there's
to file a map before the January 1st of the year which the two acre
zoning went into effect. The Board denied them the right to con-
tinue to sell that land as one acre zoning. They were forced to
sell it as two acre zoning. They get to court and lost in court.
That was not very far from where we are certainly. ' I--accidentally
thought of this. The reason behind that is applicant to this ap-
plication.
CHAIRMAN: Thank you. Hearing no further comments, I' ll make a motion
closing the hearing reserving decision until later. We..-thank you very
much for all your input.
All in favor - AYE.
ATTORNEYSATLAW
MAIN ROAD-P.O.BOX 1466
SOUTHOLD,NEWYORK 11971/���` / p'y
-1222
. �LEFFERTS P.EDSON (516)765
RUDOLPHH.BRUER (51 6)
765-2500
PATRICIAC.MO ORE September 17, 1987
Southold Town Zoning Board of Appeals
Town Hall
Main Road
Southold, New York 11971
Re: Appeal No. 3628
George & Jane Kaytis
Southold, N.Y .
Dear Sirs:
At the 9/10/87 hearing of the above appeal , the Board members posed
two questions with reference to the right-of-way situate southerly of
the subject premises. I set forth hereinbelow the questions , as I
understood them, and our responses thereto:
1. Who utilizes this right of way for access ?
To the best of our knowledge and information, the properties
designated on the Suffolk Co. Tax Map as #1000-81-3 , Lot 13
(Alexander ) , Lot 14 (Hennessey) , Lot 27 . 1 (Roseman) and possibly Lot
27 .2 (Weist) access their properties by this right-of-way.
2 . Is the square footage of this right-of-way included in the lot size
calculations ?
The answer is no. Please refer to the key map on the survey
( indicating the premises as exclusive of the right of way) . Also,
please refer to the enclosed copy of deed (L. 5944 cp 97 ) , describing
the property boundaries exactly as shown on survey and setting forth
the property area as 2 .361 acres, the same total acreage calculation
on the survey.
Please contact me immediately if you have any problems with the above.
Sincerely,
Vtricia
C. M
ooree
PCM/df
Enc.
cc: Mr . and Mrs . George Kaytis
4C ° %/8 f
LIBEROU44 i'A�.E J r
CONSULT YOUR LAWT IEFORE SIGNING THIS INSTRUMENT—THIS 6 ;UMENT SHOULD BE USED BY LAWYERS ONLY.
THIS INDENTURE, made the f day of April , nineteen hundred and Sixty-six
�L7
BETWEEN J. FURMAN NEE.FUS and MINNIE NEEFUS, his wife, both residing
at Paradise Point, Town of Southold, County of Suffolk, New York
o �
party of the first part, and GEORGE KAYTIS and JANE KAYTIS, his wife, both
residing at Laurel, New York,
party of the second part,
MMESSETH, that the party of the first part, in consideration of
TEN AND 00/100 ($ 10. 00)----------------------------------------dollars,
lawful money of the United States, 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 imikw at Paradise Point, in the Town of Southold, County of Suffolk
and. State :of New York, more particularly bounded and described as follows:
BEGINNING at a concrete monument set at the intersection of the
easterly line of Paradise Point Road and the northerly line of a private
right of way, said monument being N. 19' 30' 50" E. a distance of 50. 32
feet northerly as measured along the easterly line of Paradise Point Road
from a concrete monument set on the northerly line of the property of Bruce;
.from said:,.point of beginning, running thence along the easterly line of Para-
dise Point Road, N. 19° 301 50" E. a distance of 244. 02 feet to a concrete
monument set on the southerly line of other land of the parties of the first
part; thence easterly and northerly along the southerly and easterly lines of
the land of the parties of the first part the following three (3) courses and
distances:, (1) S. 66' 1-3' 00" E. 422. 65 feet to a concrete monument; (2) N.
370 24' 50" E. 165. 70 feet to 'a concrete monument; (3) N. 210 49' 30" E.
118. 54 feet to a concrete monument set on the southerly line of a private
road known as Robinson Road; thence easterly along the.1 ,southerly line of
Robinson Road S. 66° 13' 00" E. a distance of 50: 03 feet to a concrete
monument. and the westerly line of other 'land of the parties of the first
part; thence southerly along the westerly' line of the land of the parties of
the first part the following two (2) .courses and distances: (1) S. 21 ° 49'
3.0" W. 123. 67 feet to a concrete monument; (2) S. 37- 24' 50" W. 210. 37 fee
to a concrete monument set on the westerly side of a private right of way;
thence southerly along the westerly line of said .private right of way S. 49°.
39' 40" W. a distance of 135. 76 feet to a concrete monument; thence along
the northerly line of said private right of way N. 76° 54' 20" W. a distance
of 391. 69 feet to a concrete monument and the point or place of beginning.
Containing an area of 2. 361 acres.
According to survey made by Robert A. Kart, Licensed Land Surveyor
New York State License No. 28725, Riverhead, New York.
1
HERMAN 1. ROSEMAN, M. D.
PARADISE.POINT ROAD
SOUTHOLD. NEW YORK 1197
02, /'�p
Ile "
71'
1 /J
ow " .
4
HERMAN 1. ROSEMAN, M. D.
PARADISE POINT ROAD
SOUTHOLD. NEW YOAwRK 11971
t w'-9
a� vu- X.
AI- 's
MABEL ALEXANDER
127 EAST 36 STREET
Gi NZ!T YORK, N. Y. 10016
Board of Appeals,
Town of Southold
`sown Hall
53095 Main Road
Southold, N. Y. 11971
May 4, 1987
Gentlemen/Ladies:
As the adjacent property owner I Trish to inform you
that I vehemently object to the granting of a
variance to set off a building lot as requested by
George Kaytis.
?,that happened to two acre zoning?
Sincerely,
(Miss) Flabel Alexander
R J
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter or the Petition of
GEORGE KAYTIS NOTICE
TO
to the Board of Appeals of the Town of Southold ADJACENT
TO: Ms. Mabel Alexander PROPERTY OWNER
127 East 36th Street
New York, New York 10016
YOU ARE HEREBY GIVEN NOTICE:
1. Th a .ntention of the undersigned to petition the Board of Appeals of the Town of Southold
to request a (Variance) pecial 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: 3740 Paradise Point Road, Southold, N.Y.
Suff. Co. Tax Map designation: 1000-081-03-015 . 004
3. That the property which is the subject of such Petition is located in the following zoning district:
"A"— Residential/Agricultural
4. That by such Petition, the undersigned will request the following relief: Permission to set—off
a 40 , 000 sq. ft. lot from this 2 . 361 acre parcel.
5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signed are Article I Section 106-20 & Article III Section 100-31
[ ] 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) 7t?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, new 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: //-/8 7
r
RUDOLPH H. BRUER, ESQ.
Petitioner Attorney for Appellant
Owners ' Names : George Kaytis
Post Office Address I
Main Road, P.O. Box 1466
Southold," N.Y. 11971 I
(Te l . [516] 765-1222 )
I
ATTORNEYS AT LAW
MAIN ROAD
SOUTHOLD,NEWYORK 11971
LEFFERTS P. EDSON /((///tI/1 fr/�� /�1"1`'�''J� (516)765-1222
RUDOLPH H. BRUER �`�• 7/ o �. (516)765-2,500
July 27, 1987
Southold Town Zoning Board of Appeals
Town Hall
Main Road
Southold, New York 11.971
Re: Appeal No. 3628
George and Jane Kaytis
Dear Sirs:
Pursuant to your letter of May 1, 1987 (a copy of which is enclosed) ,
we submit herewith a copy of the set-off map which has been endorsed
with the approval of the Suffolk County Health Department.
Our clients are unaware of any C.O.s of record being issued on this
property.
Please schedule this application for the earliest available hearing
date.
Sincerely,
I �4
u�dolph Bru r
RHB/df
Encs .
cc: Mr , and Mrs . George Kaytis
t
P AN �ULA-
D
T «rDe �Sd 4 H, ID
�9 �r
S Y
Southold, N.Y. 11971
(516) 765-1938
May 13, 1987
Mr. Rudy Bruer, Esq.
Attorney at Law
Main Road
Southold, NY 11971
Re: George Kaytis set off
Dear Mr. Bruer:
Please--let this confirm the following action taken by
the Southold Town Planning Board, Monday, May 11, 1987.
RESOLVED that the Southold Town Planning Board give the
following input to the Board of Appeals with regard to the
set off proposal for George Kaytis to set off 40 , 000 square
feet from 2. 361 acres at Paradise Point Road, Southold:
The Board does not endorse this proposal since it does '
not comply with the current or proposed zoning.
It is also noted that most of the lotsin the surrounding
area are 2 acres or more.
If you have any questions, please don' t hesitate to contact
our office.
Very truly yours,
BENNETT ORLOWSKI, JR. , CHAIRMAN
SOUTHOLD TOWN PLANNING BOARD
By Diane M. Schultze, Secretary
/c: Board of Appeals
i.
T®ten ®aid ®f A eels
SodholdPP
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 May 1 , 1987
JOSEPH H. SAWICKI
Rudolph H . Bruer, Esq .
Main Road
Southold , 'NY 11971
Re : Appeal No . 3628 - George and Jane. Kaytis (Variances )
Dear Rudy :
This letter will acknowledge receipt of your recent
application before .the Board of Appeals . The Board members
will be conducting .field inspections and environmental
reviews as may be required by State and local laws prior
to scheduling your application for a public hearing.
/
s Tt.`s requested in the interim that you proceed
�7 with the �[XX] Planning Board [XX] Co . Health (Art . VI �
concerning their jurisdiction in this matter in order that
they may submit their written comments , formal action , or
other input as early as possible . Upon receipt of their
input , your application will be scheduled for the earliest
available hearing date .
If the above documents are submitted by late May ,
it is expected that ' a public hearing would be held about
maid-June . A copy of the notice of hearings as published
in the Long Island Traveler-Watchman. and the Suffolk Times
will be sent to you as confirmation .
Please feel free to call at any time if you have any
questions .
Yours very truly ,
GERARD P . GOEHRINGER
CHAIRMAN
cc : Planning Board By Linda Kowalski
P . S . - At your convenience , please furnish copies of the
deeds of record and C . O . s of record ( if any ) . Thank you .
i�
ATTORNEYS AT LAW
MAIN ROAD
SOUTHOLD,NEWYORK 11971
v�
LEFFERTS P. EDSON � � � (516)765-1222
RUDOLPH H. SRUER (5 16)765-2500
May 7 , 1987
Southold Town Zoning Board of Appeals
Town Hall
Main Road
Southold, New York 11971
Re: Appeal No. 3628
George Kaytis
Dear Sirs:
Pursuant to your request of May 1 , 1987 , we enclose herewith a copy of
the applicant ' s deed to the subject property. It is not known by us ,
at this time, whether a C.O. (vacant land) has been issued for this
property, however , we will ascertain and advise.
Sincerely, N
Rudolph H. Bruer, Esq.
RHB/df
Enc.
1 '
s
T Southold Town Board of A eals
o • PP
MAIN ROAD- STATE. ROAD 25 SOUTHOL.D, L.I.. N.Y. 11971
TELEPHONE(516) 765-1809
APPEALS BOARD Sept. 10 1987
MEMBERS P ,
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..: 3628
PROJECT NAME: --
GEORGE AND JANE KAYTIS
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
W Law #44-4 of the Town of Southold.
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.1 Type II [ ]. Unlisted [ ]
DESCRIPTION OF ACTION: Variances: (a) insufficient area- of Lot #1
of 40,000 sq. ft. (b) insufficient area of Lot 02 of 1.443 acres, (c)
insufficient frontage of Lot #2 along Robinson Rd. , Southold
LOCATION OF PROJECT: Town of Southold, County of Suffolk, more
particularly known as: Robinson Road, Soup hold, Nat 1000-81-3-15. 4
REASON (S) SUPPORTING THIS DETERMINATION:
(1) An Environmental Assessment in the short form has been
submitted which indicates that no significant adverse effects to
the environment are likely to occur should this project be imple-
mented as planned; .
(2) The relief requested is not directly related to new con-
struction as regulated by Section 617.13 for a lot-line or area
variance.
FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowalski, Secretary,
Southold Town Board of Appeals,_ Town Hall, Southold, NY 11971; tel. 516-
765-1809 or 1802. r
Copies of this notice sent to the applicant or his agent and posted --
on the Town Clerk Bulletin Board.
me
i1 r
NOTICE.OF HEARINGS /� 7' m"App1 :No 3665
f }'`, ,_� BUILDING CORP.-
NOTICE`IS,HEREBY:f,eV°r ,Variance ,to the Zoning ,0
EI1,pursdant to Sectcon267 of { {dinance, Article' III„ Section. OLK
the Town Law and the Code of 100 31 ;. B.u1k:Schedule, for ss:
the; Town of Southold, =ahe t`approval of constructton of,.'_ RK
following hearmgs;`will be`he'ld ',open deck with an•insutficiente:.
by .,the. SOUTHOLD :TOWN reacyard setback at 360 Sebas `;'
'.BOARD`OF-,APPEALS :at a t an s;Cove Road, ,Sebastton '
-RegularMeetrng at the Southold t Cove Lot No 5,Mattituck,N1i,i eirlg duly sworn, says that she Is the
:+Town Hall, Main , Ro'ad County; Tax Map ;Parcel No'?.; NG. ISLAND TRAVELER-WATCHMAN,
F Southold;:NYonTHUR3DAY,' 1000.1000311$ printed at Southold, in Suffolk County;
I'SEPTEMBER 10 1987 at`the 8 O5'p m pp No: 3593
followtng.[imes ii`rtf ' QUIET-Iy1AN INN(Reconvert :,; of which the annexed is a printed copy,
735 p:m: pp No °3651 s fed from.May 21,1987) Variance.,
in said Long Island Traveler-Watchman
DEAN KAMEN Variances to" ; '3o the:Zontng,,Ordmarice, Arq
cle VI .Section 00-71 Bulk weeks
the Zoning Ordinance,Articles h ,
(a)�11I,Section 100-32 as to ex Schedule,for perttiission,to con ,
cessive height,(b)'XI, Section aruct addition in this."B 1"
�-: 100-119.2.as to tnsufftc[entset eneral Plus ness` rZoiitrig ncing on the
i back from,ordinary highwa%tev" `r`Distric,t wit -an msuffietent -7
"' frontyard setback from the n'mark of Long Island Sound,o 0 19 . . . . .
+a .`proposed wind turbine „k westerly' property line;`along '
generating: tower to be :con Hobarf .Aven.ue. Location o
strutted`landward<'or near'ex ' Property Corner of Main Road
rating granite monohthic strut and Hobart AYenu&; Southold;
�ture. Location :of; Property NY,County Tax Map Parcel No
j. North Dumpling .Island; NY-,.,! 1000-62-3 7 ` r
-_County-"Tax Map Parcel No r+ ' i:$::10 p m: Appl No: 3659
1000-130-01-004 ` { QUIET MAN INN Variance to j
7:40 `p.m: pppl ;No `3662 the-Zoning Ordinance, .,.me.;,me this . . . . . . . . . . . . . . . . . . . . . day of
THOMAS 'AND PRANCES cIe1II .Secuo 0-112.(and A^h
SMITH. Variances to the Zon s , prov11 Sear n 100-31) for ap 7
ing Ordinance,Articles (a)III, ficient number of , • • • • • • • , 19 . . . . .
Section 100-31, Bulk Schedule, Parktng spaces-of, this pre
.as to an insufficient sideyard,set"`�° rstmg..business use Location
back of garage, when attacfre� of Property Corner of;Main
Ito principal Awellrng structure Road and Hobart Ayenue, :-
with raised open-deck_construc Southold,Ni;County Tax Map
tion t'Parcel No. 1000-62 3 7 •
(b) XI, Section 100-119 2 for an insufficient setback frorrr' 8 20 p.m.. Appl No. 3628 Notary Public
existing seawall landward"of GORGE AND `JANE °
wetland area for proposed deck tiKAYT[ Variances to the Ton BARBARA FURBES
-� '° Notary Public, State of New York
addition,(c)I11,Section'100-32; ing Ordinance,'Article 11I,Sec-, No. 48068n6
for approval of garage as an ac ,tion,100-31,.Bulk Schedule, for Qualified in Suffolk Count
:essory structure to the sideyar approval of insufficient area of County
as an;alternative to.at two proposLA
els,,l of No Commission Expires a-7.34' 19 e(P
[aching same to dwelling strut l.of 40,000and'Lot No.
'ture. Location of,Property:200 2 of L443 ad•insuffici'ent
.!;,Haywaters.,-Drive,.-Cutchogire, frontage;oNo.2 alongunty Tax Map Parcel No. ;' Robinson outhold;NY;1000-104-OS-19 .County Ta Parcel No;7:45 p.m. Appl ,No 3622 1,000-81-03- 12). : ;:;•.CHRISTIAN B. SALMINEN 9:35,p,m No 365ariance to. t e onmg Or WILI L&MRE, ESQ.dinance, Article :XI, Section'' % AND BEIN HERZ-
100-119.2 for permission'to WEIG. ESQ. Variance to the
struct deck addition to dwellingZoning,Ordinance,Article XI, ' The Board of Appeals,will
and accessory stairs, both with,', .-.-,Section 100-119.2 for permission' hear at said time and place.all
an insufficient- setback from `';•.fo.establish"building envelope". persons or representatives desir-
edge of Marion Lake; or land; with setbacks of not less than 38, ing to.be heard in each of the `
ward edge of , freshwater- fe,t =from` 'earest. wetlands' above matters.Each hearing will
wetland, whichever, is closer':; along existing two,foot contour not start before the'time.allot-
Location of Property: :;40 ;and not less,than 30 feet from ted. Written comments may be
Lakeview Terrace,East Marion, <.t,the front property line (as ap- submitted,prior,to the concur
NY;County Tax Map Parcel No.,, proved.under Appl.No. 3412, sion of the subject hearing.For
]000-31-945. :. - Tune 30, 1987). -Location of .= ` more information, please call -
7:50 'p.m.. Appl. No. 3658 Property: 675,Meadow.Lane "` '._765-1809.
PAUL AND - CORRINE...,•Mattituck, NY; Mattituck Es- ' Dated: August 204.1987
FERDENZI. ta'tes Lot NO.42; 1000-115-5-7.' BY ORDER OF THE,'
Variance to the' Zoning Or .(Reconvened from 8/20/87). SOUTHOLD TOWN '
dinance, Article III, Section 8:55 p`.m.:App1. `No.-;3653-14\ BOARD OF APPEALS'
100-32 for permission to locate . NORTH ROAD.ASSOCIATES.i• GERARD.P..GOEHRINGER, .
accessory building in frontyard (Reconvened from.Au CHAIRMAN
area.Location of Property:470 _ 1987). Variance for approval of Linda'Kowalski;
Board'Secretary
Haywaters Drive, Cutchogue,.:, access at Orient. n
NY:^County Tax Map Parcel No. IT 9/3/87(31)%.?
i
I '
ar
ogue,N Y;County 1'ax Map Yar QUIET MAN INN:Variance to lotted. Written comments may x
�' cel No.1000 104-05 19. / the Zoning Ordinance, "Article be submitted,pridr to the c6fi'd
7:45 p.m. Appl. No. 3622 XI,Section 100-1.12(and Article sion of the subjectaieanng. For ,
CHRISTIAN B. SALMINEN, III, Section 100-31) for approval .. ;.: :more information;•please call
Variance to the Zoning Ordi- of insufficient number of park-_ _ 765-1809. _
NOTICE OF HEARINGS nance, Article XI, Section 100- ink 1 spaces'.of this preexisting l Dated:August 20,.1987
NOTICE IS HEREBY 119.2 for permission to construct business use. Location"of Prop-.
BY ORDER OF
AVEN,pursuant to Section 267 deck addition to dwelling andac- erty: Corner of Main Road and THE SOUTHOLD TOWN •r
If the Town Law and the Code of cessory stairs, both with an in- Hobart Avenue, Southold, NY; 7 BOARD OF APPEALS
he Town df Southold,the follow sufficient setback from edge of County Tax Map Parcel No. GERARD P.GOEHRINGER;_r-=
earings will be Held by the Marion Lake, or landward edge 1000-62-3-7. CHAIRMAN
,
of HOLD TOWN:BOARD of freshwater wetland, :20 p.m. Appl. No. 3628 — Linda Kowalski
APPEALS at a-'Regular .-= Whichever is closer;Location of_• =' „ GEORGE AND,. : JANE ; Board Secretary
4leeting at the Southold Town Property:240 Lakeview Terrace KAYTI$.Variances to the Zon 1TS3=5700 F g
East Marion, NY; Count
Iall,Main Road,Southold,New y Tax ing Ordinance Article III Sec
York, on.THURSDAY,::SEP . MapParcel.No 1000-31-945 -" ¢ tioni'100-31; Bulk`Sch- du1.6`"for
rEMBER 10,"1987 at the-fol- 7:50 p.m. Appl. No. 3658 approval of insufficient area of
:owingtimes: PAUL AND CORRINE FER two proposed parcels, Lot #1'of . .1
7:35 p.m: Appl.=Noy 3651'`= DENZI.Variance to.the Zoning 40,000 sq.ft.and Lot#2 of 1.443 1
DEAN KAMEN."Variances to Ordinance," Article III, Section acres,.and insufficient frontage,_,
.he Zoning Ordinance,Articles:- 100-32 for permission to locate + of Lot#2along Robinson Road STATE OF NEW YORK
a) III, Section"106-32 as to ex accessory building in frontya.d Southold NY,County Tax Map
•:essive height,.(b) XI, Sectionarea. Location of Property 476 Parcel No 1000 81-03 15 4-(or ' ) SS:
L06-119.2.as to insufficient set-'-'. Haywaters Drive, Cutchogue 12):
)ack from ordinary highwater NY;County Tax Map'Parcel No 8:35 p.m::a Appl."-No36 _ COUNTY OF SUFFOLK
nark of Long Island Sound,of a - 1000-104-5-21.: WILLIAM MOORE;ESQ.and
)roposed wind-turbine-generat 7:55 p.m. Appl. No-3665 _ BENJAMIN! HERZWEIG,
".LEHESK BUILDING CORP ES C'ar�l Ann 4cr�xl�tc� of Greenport, in
rig tower.to he constructed land Q..-:Variance to :the Zoning —T
-Hard or near existing granite Variance to the Zoning',Ordl Ordinance,._Ardcle,XI; Section `' said County, being duly sworn, says that he/she is
monolithic structure.Location of nance, Article III, Section 100-:"
00 100119.2.for rmission..to es
?roperty ,North Dumpling Is )31, Bulk Schedule,for approval tablish"buildingenyelope".with l Principal Clerk of THE SUFFOLK TIMES, a Weekly
and,NY,`County Tax Map Par of construction o1 open deck witly.`f setbacks of not le's 'than 38 feet Newspaper, published at Greenport, in the Town
1 io:1000=130 O1=004 s' :ari insufficient rearyard setbackx from nearest wetlands along p
�p.m-. Appl No. 3662,;` at.•360 Sebastian's Cove Road existing two foot contour'and Of Southold, County Of Suffolk and State of New
...JMAS AND FRANCE���`-"Sebastian-Cove"Lot No 5.Mat not':less than 304eet from.;the
;MITH. Variances to-the-Zon tituck; NY;.County Taz='Ma ront'pro"pe ty-Iihe(as approved �--, York, and that the Notice of which the annexed is .
ng Ordinance;Articles: (a) III, " Parcel No.1000-100-03-11;8. under Appl. No. 3412,June 30, a printed copy, has been regularly published in
iection 100-31", Bulk'Schedule,. 8:05 p.m. Appl. No. 3593 —- 1987).,Location of Property:675
QUIET MAN INNIReconvened '." Meadow"Lane,.Mattituck, NY; said Newspaper Once each week for 13 �
Is to an insufficient : {;"',. ,
from May 21, 1987).Variance to•, '°' Mattituck Estates Lot No.:42;t
etback "of_garage, when at- z weeks successively, commencing on the
ached to principal;;dwelling the Zoning Ordinance Article 1000 115 5 7 (Reconvened from
tructure with'raised 'dwelling'-
VII, Section'" 100 71,. 'Bulk r 8/20/87) day of September 19�7_
onstruction,(b)XI,Section 100- Schedule, for permission to con 8:55 p_m.'•Appl. No "3653
.19.2'for an-insufficient setback this addition, in this 'B 1 .NORTH ROAD AS
roin existing seawall landward General Business Zoning Dis .. SOCIATES.-(Reconvened'from
If wetland area for,•'P ro- sed trict with an-insufficient from August 20,'1981) Variance for '
t and setback from the'ivesterly approvalofaccess at Orient.•-
teck:addition, (0)41I,:,Section Y,
0032"for'approvalofgarageas Property line along Hobart Av .%The Board of,Appeals .will rincipal ler
in `accessory structure in the enue.. Location'` of-`"Property -hear at said time.and place`'all
ideyard area.as'an alternative `" Corner:of Main Road and'.;Hobart persons or representatives desir
o attaching 'same to dwelling Avenue, Southold, NY ;County �5> ing to be heard in each'�of the $Wgrn t0 be e me t "IS
tructure Location,of Pro ert Tax Map Parcel No.1600-62 3 7 above matters Each hearin
P Y 8 10 m A 1„ r g da Of 19 NOTARY PUBLIC StE6NA
00 Haywaters Drive, Cutch- i } P PP Na 3659� will not start before the time al Y RY ate A New York
Suffolk County No.4849860
Le
- /�`' / G / . Term Expires Februarl9��
o�® D��
uh d So t of Town B ard ®f Appea
ls
von®1 �1� 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 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 t i:p 1
GKRRD P .I'Z GOEHRiNGER
CHAIRMAN
Linda Kowalski
Secretary and Board Clerk
Enclosure
Page 4 - Notice ,of Hearings
Southold Town Board of Appeals
Regular Meeting - September 10 , 1987
Copies Mailed to the following on or about 9/l /87 :
Mr . James R. Maher , c/o 1874 Associates
Mr . Dean Kamen
340 Commercial St . , Manchester , NH 03101
Mr . John H . Thatcher , Jr . , President , F . I . Conservancy , Inc .
-B-o-x-5-5-3,-F i-s-h e:r-s-I-s l-a n d ,— N Y- 0 6 3 90-
a-n-d P . O . Box 132 , Green Village , NJ 07935
Mr . and Mrs . Thomas Smith , 200 Haywaters Drive, Cutchogue 11935
Mr . and Mrs . Christian B . Salminen
Box 595 , 320 Lakeview Terrace, East Marion , NY 11939
Mr . and Mrs . Paul Ferdenzi , 470 Haywaters Dr , Cutchogue, NY 11935
Lehesk Building Corp . , Box 900., Mattituck , NY 11952
Neighbors : Twin Fork Fence & Siding , Mattituck , NY 11952
William D . Moore , ` Esq : `for Quiet Man Inn & Moore & Herz.wei.g
Clause_ Commons , Suite 3 ; Box 23 , Matti.tuck ,. NY 11952
Mrs . Ellen Larsen , North Road,, Southold., NY (opp . Moore & Herzweig )
Mr . Thomas Reilly , Pres ., Matt _ Estates , Mattituck (opp . )
Patricia C . Moore, Esq . , Edson and Bruer - for North Road & Geo . Kayti-s
Main Road , Southold , NY 11971
Mr . Edward Linker , Box 791 , Orient , NY 11957
(Also to Mr. Dean Kamen , 44 Gage Road, Bedford , NH 03102 )
STATE OF NEW YORK)
COUNTY OF SUFFOLK) : ss . :
Linda F . Kowalski , residing at Ole Jule Lane , Mattituck , NY , being duly
sworn , deposes and says that on the 1st day of September 1987 , deponent
mailed a true copy of the Legal Notice for Hearings to be held
September 10 , 1987 , to each of the above-named persons at the addresses
set opposite their names , and that said Notices were mailed at
Southold , NY by regular mail .
1nda F. Kowal ki
Sworn to before me this
1st day of September, 1987 .
Notary Public
z y�
c ►� Town Hall, 53095 Main Road
cn �
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
. I ffI7
TO: Southold Town Zoning Board of Appeals
FROM: Judith T. Terry, Southold Town Clerk
Transmitted herewith is Zoning Appeal No. 3628 application of George & Jane
Kaytis for 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
Southold Town Clerk
ATTORNEYS AT LAW
MAIN ROAD
SOUTHOLD,NEWYORK 11971
LEFFERTS P. EDSON 't (51 6)765-1222
RUDOLPH H. SRUER _ (516)765-2500
April 14, 1987
Southold Town Zoning Board of Appeals
Town Hall
Main Road
Southold, New York 11971
Re: Variance Application
George Kaytis
Dear Sirs:
Enclosed please -find the following:
1 . Notice of Disapproval from the Building Inspector
2 . Application in triplicate
3 . Notice to Adjoining Property Owners with affidavit and
mailing receipts attached.
4 . Short Environmental Assessment form
5 . Wetland letter
6 . Four prints of survey
7 . Our firm check, in the sum of $150 . 00 , in payment of application
fee.
Please be advised that we are making simultaneous applications to the
Southold Town Planning Board and the Suffolk County Department of
Health Services . Please review this submission and schedule a public
hearing upon your receipt of the Planning Board 's recommendations and
Article approval from the Health Dept.
Sincere ,
u o h H. e
B d
Encs .
cc: Mr . George Kaytis
Southold Town Planning Board
ATTORNEYS AT LAW
MAIN ROAD
SOUTHOLD,NEWYORK 11971
LEFFERTS P. EDSON (516)765-1222
RUDOLPH H. BRUER (516)765-2500
April 14 , 1987
Southold Town Planning Board
Town Hall
Main Road
Southold, New York 11971
Re: Set-Gif for George Kaytis
Southold, N.Y .
SCTM# 1000-081-3-15 .4
Dear Sirs:
For your consideration, we submit herewith our client's proposal for a
division of his Southold, N.Y. property. We respectfully request that
the Board consider this a set-off. Enclosed please find the
following:
1 . Application for Approval of Plat in duplicate
2. Twelve (12) copies of the subdivision survey map.
3 . Copy of. :4/19/66 deed (L. 5944 cp 97 ) containing a legal description
of the subject property.
4 . Form letter re drainage, etc.
5 . Part I of Short Environmental Assessment Form
6 . List of adjoining property owners
7. Our check , in the sum of $250 . 00 , in payment of your application
fee.
Be advised that there are no existing restrictions of record which
apply to the subject property.
We await the Board ' s comments or recommendations .
Sincerely,
Rudolph H. Bruer
RHB/df
Encs .
cc: Mr . George Kaytis S
Southold Town Zoning Board of Appeals 66
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter or the Petition of
GEORGE KAYTIS NOTICE
TO
to the Board of Appeals of the Town of Southold ADJACENT
TO: PROPERTY OWNER
YOU ARE HEREBY GIVEN NOTICE:
1. TZ(V7arian!ce
a 'ntention of the undersigned to petition the Board of Appeals of the Town of Southold
to request a ) pecial 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- 1
cribed as follows: 3740 Paradise Point Road, Southold, N.Y.
Suff. Co. Tax Map designation: 1000-081-03-015. 004
i
( 3. That the property which is the subject of such Petition is located in the following zoning district:
"A"- Residential/Agricultural
't
4. That by such Petition, the undersigned will request the following relief: permission to set-off
a 40 ,000 sq. ft. lot from this 2. 361 acre parcel.
i
t
5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signed are Article I Section 106-20 & Article III Section 100-31
[ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way.
6. That within five days from the date hereof,a written Petition requesting the relief specified above will
be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there
examine the same during regular office hours. (516) 7F 5-1809.
7. That before the relief sought may be granted, a public hearing must be held on the matter by the
Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such
hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the
Town of Southold and designated for the publication of such notices;that you or your representative have the
right to appear and be heard at such hearing.
Dated: 2/ /8 7
RUDOLPH H. BRUER, ESQ.
Petitioner 'Attorney for Appellant
Owners ' Names : George Kayti s
Post Office Address
Main Road, P.O. Box 1466
Southold, N.Y. 11971
.(Tel . [516] 765-1222 )
&7r?r�i��to ":3�alhff x3 w^Y:?►x�9
e-..,a�!:•::+�eU,'�iX:w�f`+F,i.t'<'`ti5,'c V
�l
PROOF OF MAILING OF NOTICE
ATTACH CERTIFIED MAIL RECEIPTS
NAME %� ADDRESS
Mr. J. Furman Neefus, Jr. Paradise Point
Southold, N.Y. 11971
Ms. Mabel Alexander 127 East 36th Street
New York, New York 10016
Mr. Robert A. Hennessy Private Road
Paradise Point
Southold, N.Y. 11971
Mr. and Mrs. J. Furman Neefus Paradise Point
Southold, N.Y. 11971
Mr. James F. Neefus, Jr.'. Paradise •Point
Southold, N.Y. 11971.
f
e
4
}
STATE OF NEW YORK ) ss.:
COUNTY OFSUFFOLK)
Mary _Diana Foster residing at (No#) McCann Lane, Greenport, N.Y.
being duly sworn, deposes.and says that on the 14th day .
of April fig 87 , 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 Southold, N.Y. ; that said Notices were mailed to each of said persons by
(certified) ( ) mail.
Sworn to before me this 14th
da of April 19
�h —"IS,L AUSM
PUWV Stete of Now Yo*
Notary Public t--am~___'.
OommiE�k� ;3 .��• .
(Th.is side does not have to be completed on form transmitted to adjoining
property .owners.. )
;I. Y . S . Environmental (Quality k(.-View Act rcquir(!, ruh-
mission of ' `is forms and an environme- ' il ' rev iew will be
made by thi )oard before any action i .ake n ;•`�,
;':;•:� SHOAT ENVTP.Q!aME11TAL ASSF.;°;!dF:t; tCP'1
,`•.�, ':1. ,,,•'` 1;1STP1rT7C!.S:
4.
(a) In order to answer the ues ,<;!',.i:; ;.<'J�i�;' '•T';
q tions in this short EAF is is assured -that the
"':�:�'•i ,•' :.`" pre parer will use currently available infor-ratien concernin the t 'q project and he ':'.:,; ';:`
impacts of the action. It is not expected that additional studioe, roeearc'
or other investigations will be undertaken. r•,•.•.;;.,�:.;
• ':,�,., .1:v,r�e: "*! •,.:: ; '•. ' ... ... ' . .ir .;.1'.' •I:f'...: ;,��1..�.ii FAT li.'::!.
•! '� �` ' .,,:i4� (b) If any question has been answered Yes the► . a:i. 4;'..
t`�' c �; e i Wren a Assessment Form project rs9Y be oignificant and n'
; oc et d c-nv rc t 1 Ass rm is necessaa-I, ,•:"' _.�
:;�, `• ; t �, ;,, ,. ( all 'questions have been answered No it is likelytha
,; .',:•::,`nc- !i1vificant. , this project is :-i ,;,':
.i:•rS lar.r j�!%, 'C7 • .j•,' '�4! J.)i' ,,t�:1%' ,•�,1��.
(d) Envirc'nm.ntal A53ensr-ent
le Will project result in a large ph sicsl change
'
:! to the project site or tr sicaTly alter
P ! more
:'i��sr}`'': `':' `;;: ,.., ;::• ,. Chan 10 acres of land? e o . . . • u . . . . •.. Yea
'.',+r:;:;.5 st:�'' 2 Will there be a • .
.. .;•.,.:,.,., ,`, i- •.: ;1�• 'c.3 jor change to any or
ur e site? No unique :' '.; ';;q,• •.:;
5:^ c;' ''':; f:;'i;:• unusual land fo found on thi ? q '
• �• Yea' ..�' No
3• Will project alter or have a large effect on
an existing body of water?t • • • • • • • • e YCa 110
4. Will project have a potentially largo impact, on
groundwater quality? • Yes
M' Yc , y. Will project significantly 'offect drainage flow
'.'�; ;`14•. r: on adjacent • • • • •' • • . • • • • :' '
- ;,, ',•- cent 3 CS •' Yes 'X'.. Yo
6. Will project affect any threatened or endangered r
.:.' plant or ani..il species? ® • • • • o • o . o • Yes /� NO
'
7• '+fill project result in a rca jor advorse effect on
q::� air ality? \ ,}
. • • Yes k' Pio ,.
•'•<<�, 8• Will project have a ma jor effect on visual char-
alter of the eo%,nunity or scenic views or vistas i :• :
known to be important to'tho cor._rtunity? • a Yes 'x''. p
i PO
9 ill project adversely impact any site or struct—
ure of historic, pro-historic, or paloontol.ogical "':'' :s':=�:,•"o',;�+'
importance or any site doaignated ao a critical T` •'
environmental area by a local agoncy? • Yea No
10• Will project have a major effoct on oxisting •or
future recreational opportunition? • • Yes
No
11. Will project result in major traffic problcl:is or
cause a major effect to existing transportaticn
Systems? • • • • • . • • • • . . Yes /�• .' N0
12. 'dill project regularly cause objectionable odor---,
noise, glare, vibration, or electrical di3t,urh-
ance an a result of the project':, operation? a Ycs !o :
1)• Will. protect have any impact on publAc health or
Safety" e e . • • • • �-- Yes X. Pio
1L. W21 project affect the existing corununity by
direcc17 catisin4 a gr•cwth in ;,ermnnent poptrla-
ticn of r..oro than S percent over a ona-year
period er have a .:.a for ns:g:i, ve effect on t:e
character- of t e cor.munity ;r r.e:tih;orhocd' . Yes X t'o
.
15. Is there Deli cents^vets% C. cer,i:np the prove^• ? Yes X NO
i {£=' 3 S - TI'I E: E �t3�L, PP�ICA7v''
9/. c�ZI�Ze-7
q11`1 &7
'QUESTIONNAIRE TO BE COMPLETED AND SUBMITTEB �'7
"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 (JNo
seaward of area under construction?
2 . Are there any areas which contain wetland grasses ?
(Attached is a list of the wetland grasses defined by Yes No
Town Code , Ch . 97 for your reference . )
3 . Are there existing structures at or below ground level ,
such as patios , foundations , etc? Yes No
4 . Are there any existing or proposed fences , concrete
barriers , decks , etc? Yes CN)o
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 CN)o
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 oNo
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 � d�z Pes
o
Town Board
Town Trustees Yes
County Health Department - Yes No
Village of Greenport es
N . Y-. S . D . E . C . * ' Yes
Other Yes foo
10 . Is premises pending a sale or conveyance?
If yes , please submit copy of names or purchasers
and conditions of ' sale . (from contract ) . Yes oNo
11 . Is new construction proposed in the area of contours
at 5 feet or less as exists? Yes No
12 '. If ne.w construction is proposed in an area within
75 feet of wetland grasses , or land area at a6 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 I'No
the requirements of Ch . 97 of the Town Code ?
13 . Please list present use or operations co ducte upon the
subject property at this time
and proposed
I certify that the above statements are - true and are being submitted for
relian --�,, the Board of Appeals in considering my- application .
( � G � i F 7
Signature (PwOperty Owner Authorized Agent
3/87 lk
r.
r
§ 97-13 WETLANDS § 97-13 `
TOWN — The Town of Southold.
TRUSTEES — . The Board of Trustees of the Town of
M 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 watery to a maximum depth of
five (5) feet, including but not limited to banks,
bogs, salt marsh, swamps, meadows, flats or other
low lying lands subject to tidal action;
(2) All banks, bogs, meadows, flats and tidal marsh
subject to such tides and upon which grows or may
grow some or any of the following: salt hay, black
( grass, saltworts, sea lavender, tall cordgrass, high
bush, cattails, groundscl, marshmallow and low
march cordgrass;and/or
(3) All land immediately adjacent to a tidal wetland as
defined•in Subsection A(2) and lying within seven-
ty-five (75) feet landward of the most landward
edge of such a tidal wetland.
B. FRESHWATER WETLANDS:
(1) "Freshwater wetlands" as defined in Article 24, Ti-
tle 1, § 24-0107, Subdivisions 1(a) to 1(d) inclusive,
of the Environmental Conservation Law of the State
of New York; and
(2) All land imniedintely 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 2-25.85
(`i ad:1•
To: Southold ZbWn Board of Appeals
Blain Road
Southold, NY 11971
Rc: Appeal Application of GED E ',gyTj�
Location of Property: E o c1i�1D
Dear Sirs :
In reference to the New York State Tidal Wetlands P.and-Us,
Regulations, G NYC2R, Part 661, and Article 25 of the New York
State- Environmental Conservation Law, please be advised that t,'
vubject property in the within appealol
ap�lic�tion : _
(pl���►sc ch�,ck tree box) .
( I May be 1OCzt'Cd Within 300 feet of ,tidal w�:tl.sr.dz
hcwt,2ver, constructed along, the water-lying edac
o,: this property is a bulkhead iri very' good
condition and at least 100 feet in v,1ength. k
( J May be *located within 300 feet of t'dal Wetlancs ,
however, constructcd along the water-lyinc edge
of this property is a bulkhead in 'heed oa 7
(major) repairs , and . approximately feet in
length.
[ ] May be located within 300 feet of tidal wetlands;
however, constructed along the Ovate -lying edge
of this property is a bulkhead less than 100 feet
in length.
[ ] May be located within 300 feat of tidal wetlanc ; ;
nc_et�' w
and there is no bul:cltead or cc-, e_xis�_
on the premises .
Is not located Within .300 feat of tidal wetlands
to the best of my knoc�ledgc . k .
[Starred itoms ' (+) indicate your property docc.
not appear to tall within the jurisdiction of the tJ .Y,S , D. I
Ir.C_
Sincerely your,
NOTE: If proposed project f.11ls Within D.E.C. jurisdi-ction',
approval must be received and suLmittcd to our office ! before
Your application can be scheduled eor a -public healing.
i�•
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