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HomeMy WebLinkAbout3479 Southold Town Board of Appeals MAIN ROAD- BTATE ROAD 25 SOUTHO/D, I..I., N.Y, 11cj71 ACTION OF THE ZONING BOARD OF APPEALS TELEPHONE (516) 765-1809 Appeal No. 3479 Application Dated February 28, TO: Mr. John P. Sgouros 85-15 Kendrick Place Jamaica, NY 11432 1986 [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on June 2b, ]986, 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 [×] Request for Variance to the Zoning Ordinance Article III , Section 100-3] [ ] Request for Application of JOHN P. SGOUROS for a Variance to the Zoning Ordinance, Article III, Section 1u0-31, Bulk Schedule, for approval of two parcels known as Subdivision Lots #22 and #23, "Stars Manor" Subdivision Map No. 3864, approved by the Planning Board 9-19-1963, having insufficient area~ width and depth, located along the West Side of Stars Road, East Marion, NY$ County Tax Map Parcels No. 1000-22-2-20 and 21. WHEREAS, public hearings were held on May l, 1986 and May 22, 1986, in the Matter of the Application of JOHN P. SGOUROS under Appeal No. 3479; and WHEREAS, the board members have personally viewed and are tamiliar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, at said hearing all those who desired to be heard were heard, and their testimony was recorded; and WHEREAS, the board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the board made the following findings of fact: 1. The premises in question is located in the "A" Resi- dential and Agricultural Zoning District along the west side of Stars Road, in the Hamlet of East Marion, more particularly known and identified as Subdivision Lots 22 and z3 on the "Map of Stars Manor," approved by the Southold Town Planning Board September 19, 1963, and as County Tax Map Parcels No. 1000, Section 22, Block 2, Lots 20 and 21. 2. The subject premises as a whole consists of a total area of one acre with 208± feet along Stars Road and is presently unimproved. 3. By this application, appellant requests approval of (CONTINUED ON PAGE TWO~ DATED: June 25, 1986. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appeal No. 3479 Matter of JOHN P. SGOUROS Decision Rendered June 25, 1986 the reseparation o~ Subdivision Lots #22 and #2~ as existed prior to 1971. The lots are shown on map prepared by Roderick VanTuyl, P.C., dated February 27, 1986, as follows: (a) Lot #2, or Subdivision Lot #22, of an area of 21,938 sq. ft., ~ront- age along Stars Road o7 140± feet, and lot depth of 120 feet; (bi Lot #1, or Subdivision Lot #23 of an area of 20,210 sq. ft., frontage of 168.42 feet, and lot depth of lZO feet. 4. Submitted for the record by applicant are: (a) copies of two separate tax bills for the two parcels; (b) copies of two deeds, at Liber 9722 cp 531 and at Liber 9722 cp b33, dated December 26, 1984, showing conveyances from Pantelis Sgouros to John Panos Sgouros. 5. It is also noted that by letter dated May l~, 1986, an opinion was received from the Town Attorney indicating that although Planning Board approval was given in 1963, the lots do not meet the requirements of Article III, Section lO0-31(A) since each lot was not "held in single and separate ownership prior to November, 1971, and thereafter...," and are therefore governed by Column 40(A) of the Bulk and Parking Schedule, requiring this variance. 6. The character of the lots along the west and east sides ot Stars Road is lots of a similar size to that proposed by this request. In considering this appeal, the board also finds and determines: (a) that sufficient practical difficulties have been shown to warrant the granting of this variance~ {b) the circumstances are unique and not shared by all other properties in the neighborhood; (c) there will be no substantial change in the character o~ the neighborhood or detriment to adjoining properties; (d) the relief requested is not substantial; (e) the difficulty cannot be obviated by some method feasible for appellant to pursue other than a variance; (f) that she variance will not in turn cause a substantial effect of increased population density or be adverse to the safety, health, weflare, comfort, convenience and order of the town; (g) that in view of the manner in which the difficulty arose and in con- sideration of all the above factors, the interests of justice will best be served by allowing the variance, as conditionally noted below. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Douglass, it was RESOLVED, that the relie~ requested under Appeal No. 3479 in the Matter of the Application of JOHN P. 5GOUROS for approval of Subdivision Lots #22 and #23 having insuffi- cient area, width and depth, as shown on the Stars Manor Subdivision Map approved by the Planning Board September 19, ~963, and by survey mapped by Roderick VanTuyl, P.C. February 27, 1986, BE AND HEREBY IS APPROVED AS APPLIED. Vote ot the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen was absent.) This resolu- tion was duly adopted. lk RECEIVED AND FILED ByG--MARD P. UOEHRINGER, ~AIRMAN THE SOUTHOLD TOWN Cr.lq.P~ DATE 7-/1~ HOUI:~ ~.'~P'~ Town Clerk, Town of $outhold 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 the Southold Town Hall , Main Road , Southold , NY at a Regular Meeting commencing at 7 : 30 p .m. on THURSDAY , MAY 1 ;- T986 , and as follows: 7 : 35 p .m. Appeal No . 3399 � 'C :. BRUCE 'AND ANNE STAIGER . Variance to the Zoning Ordinance , Article III , Section 100-31 , Bulk Schedule , for approval of two, parcels having insufficient lot area, width and depth and as described in Deeds at L.ibers 3362 cp 53 , and 5676 cp 213 , located at the east side of Wells Road, Peconic , NY ; County Tax Map Parcels No .. 1000-86-2-4 and 5 . 7 :40 p .m*. Appeal No . 3396 = GARY DOROSKI for a Variance to the Zoning Ordinance , Article X-I ,= Section 100-119. 2 ( B) to locate pool within 75 feet of wetlands . 425 Monsell Lane , Cutchogue . (Recessed from 4/3/86 ) "1 ✓� 7 :45 p .m. Appeal No . 3479 'JOHN 'P .­SGOUROS for a Variance to the Zoning Ordinance , Article--III; Section 100-31 , �C bulk Schedule for approval of two parcels known as Subdivision Lots #22 and #23 , ' Stars Manor' Subdivision Map. No . 3864 , approved by the Planning Board 9-19-1963 , having insufficient area , width and depth , located along the West Side of Stars Road , East Marion , NY ; County Tax Map Parcels. No . 1000-22-2-20 and 21 . 7 : 50 p .m. Appeal No . 3480 - VINCENT AND JOANN CASA for a Variance to the Zoning Ordinance , Article XI; -Section 100-1-19 . 2 (A) for permission to locate swimmi-ngpool with deck and fence enclosure within 100 ' feet of .bluff along the Long Island Sound , premises known as 1840 The Strand , Pebble Beach Farms Inc . Subdivision Map #2 , Lot #115 ; East Marion , NY ; County Tax Map Parcels No . 1000--30-.2-58 . 7 : 55 p .m . Appeal No . 3486 = ROBERT 'JOHNSEN for a Variance to the Zoning Ordinance , Article III , Section 100-31 , Bulk Schedule for approval of .insufficient lot area of proposed Parcel #4 in thi.s pending four:-lot minor subdivision located along the -south side of Sound. View Avenue , Southold ; County Tax Map Parcels No . 1000-68-4-2 and 3 . Jt 4 - Page 2 - Notice of Hearings Regular Meeting of May 1 , 1986 Southold Town Board of Appeals 8 : 00 p .m. Appeal No . 3490 - HARRY AND SANDRA HURLBURT for a Variance to the Zoning Ordinance , Article III , Section 100-32 for permission to locate accessory storage shed in frontyard area . Location of property : Private Road , Fishers Island , NY ; bounded north by Walker , west by Spofford , south by Private Road , east by Private Road and Sorenson ; County. Tax Map Parcel No . 1000-3-2-10. - 8 :05 p .m . Appeal No . 3468 = 'ROBE.RT 'J .. 'LONG for a Variance to the Zoning Ordinance-, Article III , Secti-on 100-31 , Bulk Schedule , for approval of parcel in .-this proposed set-off division of land having insufficient area and depth , located along hte North Side of .Main--Road , East Ma.rion ,. NY ; County Tax Map Parcel No . 1000-31 -.4-15., 'containing .11 . 912 acres . 8 :10 p .m . - Appeal. No . 3471 - 'NICHOLAS 'TSIRKAS (Recessed from 4J3J86 ) 8 :20 p .m. Appeal No.. 3489 = P.AUL 'LEARY for a reversal of decision of -building inspector for a- nu.Ili-fication of actions by the Building Ddpartment t. ..issue a modified Permit and Demoli - -tion Permit, and that th--e property owners be left to regular procedures of law in making application for a Demolition Permit and for a Construction Permit on proper plans , to be allowed only after review by the Board of Appeals , and in accordance with all other provisions of law . Name . of.:Owners.. and.. Location of Property in Question : FRANK 'AND 'MARY BROPHY , 75 Second Street , New Suffolk , NY ; County Tax Map- Parcel No . 1000- 117-10-20. 7 . 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 . Written comments may also be submitted prior to the conclusion of the hearing in question . For ..more .. information , please call 765-1809 (alt . 1802 ) . Dated : April 3 , 1986 . BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P . GOEHRINGER, CHAIRMAN ----------------------------------- -----------------------------x ATTENTION NEWSPAPERS : Please publish Thursday ; April 24 ; '1986 and forward two affidavits of publication on or-`bore ApriT--9th to : Board of Appeals , Main Ro.ad,;__ Southold, NY 11971 . ----------------------------------------------------------------------x FORM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL Date . . .. . . . .. 19 . To PLEASE TAKE NOTICE that your application dated . . . . . . . . . . . . . . .. 19, . for permit to �O 4!'1 L . . . . . . . . . . . . . . . . . . . . . at Location of Property -.30 0)4 r. .`.. . . . . House No. I Sheet Hamlet County Tax Map No. 1000 Section . Pa.4�% . . . . Block . 0a. . . . . . . . Lot ���-�. .Irvu)/ Subdivisiork. Filed Map No. . . • . . . . . . Lot No. 6W. .4?.0Z3. . . . is returned herewith and disapproved on the following grounds. /L/� o � . . . . . . . . . . . . . . . . . Building. Inspector RV 1/80 I + FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 765-1802 Examined . . . . . . . . . . . . . . . :. 19 . . . Received . . . . . . . . . . . . 19 . . . Approved . . . . . . . . . . . . . . . .. 19 . . . Permit No. . . . . . . . . . . . Disapproved a/c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Building Inspector) APPLICATION FOR BUILDING PERMIT Date . 2 . 2-/. , 19d,6 INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3 ;ets of plans,accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets )r areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- ation. 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 permit ;hall 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 Occupancy ;hall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the 3uilding Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Zegulations, for the construction of buildings, additions or alterations or for removal or demolition, as herein described. the applicant agrees to comply with all applicable laws, ordinances, b ilding code, housing code,.and regulations, and to idmit authorized inspectors on premises and in building for necessary in a ions. S'- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Si ature of applicant, or name,.if a corporation) V. g5-.(.5. . kF_N0RIGK. .PL. JAMAIGA. . N.Y. 1!Q3Z (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. c�%N w F_9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Name of owner of premises . .,OHN �!4Nb5GOVI�oS (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Name and title of corporate officer) Builder's License No. . . . . . . . . . . . . . . . . . . . . . . . . . . Plumber's License No. . . . . . . . . . . . . . . . . . . . . . . . . Electrician's License No. . . . . . . . . . . . . . . . . . . Other Trade's License No. .77,. . . . . . . . . . . . . . . . . . i. Location of land on which proposed work will be done. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . MA"tV. . . .Towns Ov. .4oc�7NtlL0.•. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . House Number Street Hamlet County Tax Map No. 1000 Section . . -Pg.?. . . . . . . . . . Block . . . . . . .Pr& Lot . . . . . . . . . . . . . . . . Subdivision . .S741MS . . .�44V4212 . . . . . . . . . . . . . . . . Filed Map No. cG . . . . . . . Lot . .23. . . . . . . . . . . (Name) State existing use and occupancy of premises and intended use and.occupancy of proposed construction: a. Existing use and occupancy . . . . . v�­!` -T. . . W? .. . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . b. Intended use and occupancy . . . . . %,I FUGh . . .Vke IA V,RJ.CGE.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3. Nature of work (check which applicable): New Building . . . V. . . . . Addition . . . . . . . . . . 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 . . . . . .1 . . . . . . . . Number of dwelling units on each floor . . . . I . . . . . . . . . . . Ifgarage,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 . . . .. . . . . . . Number of Stories . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . Dimensions of same structure with alterations or additions: Front . . . . . . . . . . . . . : . . . Rear . . . . . . . . . . . . . . . . . . Depth . . . . . . . . . . . . . . . . . . . . . . Height . . . . . . . . . . . . . . . . . . . . . . Number of Stories . . . . . . . . . . . . . . . . . . . . . . S. Dimensions of entire new construction: Front . .S.1E .SU.RV.6.y, Rear . . . . . . . . . . . . . . . Depth . . . . . . . . . . . . . . . Height . . . . . . . . . . . . . . . Number of Stories . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9. Size of lot: Front . . . SVE.. St91WXY... . . . . . Rear . . . . . . . . . . . . . . . . . . . . . . Depth . . . . . . . . . . . . . . . . . . . . . . 0. Date of Purchase . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Name of Former Owner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1. Zone or use district in which premises are situated . . . . .� Sl���?T�.�1! . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2. Does proposed construction violate any zoning law, ordinance or regulation: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3. Will lot be regraded tAePA9f1 r-L:,y... . . . . . . . . . . . . . Will excess fill be removed from premises: Yes t. Name of Owner of premises- ARNN . %"V.RoS. . . . Address PS-1S. .KT-NIM-KA QUV.P_ Phone No.( V81 .291:. 1lr.3.7.. Name of Architect .M P4. 50PAVAW. . . . . . . . . . . . Address .41 X.. 0. A.tp, .X. . . . . Phone No.(-ZD?). P ..q tR! : . . . Name of Contractor . . . . . . . . . . . . . . . . . . . . . . . Address . . . . . . . . . . . . . . . . . . . Phone No. . . . . . . . . . . . . . . . PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and,indicate all set-back dimensions from roperty lines. Give street and block number or description according to deed, and show street names and indicate whether terior or corner lot. ATE OF NEW YORK, S.S )UNTY OF . . . . . . . . . . . . . . . . . • • • • • • • • • • • . • . . . . . . . . . . . . . . . . being duly sworn, deposes and says that he is the applicant (Name of individual signing contract) ove named. isthe . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Contractor, agent, corporate officer, etc.) said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this ?lication; that all statements contained in this application are true to the best'of his knowledge and belief;and that the Frk will be performed in the manner set forth in the application filed therewith. orn to before me this . . . . . . . . . . . . . . . . . . . . .day of. . . . . . . . . . . . . . . . . . . .. 19 . . . 1 tary Public. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . County. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Signature of applicant) RECFIvr,, TOWN OF SOUTHOLD, NEW YORK _ ` Db FEB 2$ARRIVAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. - 11'9 Town Clerk Southold DATE .. .J 2 8. .1 k... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) .....SGo.v.!e 5..........................Of ......FL.Ac.t............... Name of Appellant Street and Number ...................... .... ................................... ....N:. :...............HEREBY APPEAL TO Municipality State I E y 3 ti THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON DATED ..... �' 6 :.�-.I. �.9�� APPLICATION FOR PERMIT NO. ......................... �. . ............... ... WHEREBY THE BUILDING INSPECTOR. DENIED TO S G o 0 (Q c) S ........................:.. ... ....... ............................. Name of Applicant for permit of 6SrS I< �DR�ct< P� A-MA � c � NY I i .. ...... .. ,�.. ...... . ................... .......................... ..... .... . .... . .. ..... ....... Street and Number Municipality State ( ) PERMIT TO USE ( �) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ...... foA D EA S-f jM A r a N .......... :......................... .......P $�cT B (-O C K co-r Street Use District on ZoningMa 10.°.°........ .�...........Z.................a:°.:.�.�...........Current Owner � H ri Map No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) l L4 Sc +- E o`T ICI Sic A . 3. TYPE OF APPEAL Appeal is made herewith for ( �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 ( ) Sa c'4ij is requested for-�� that o tj 'To SE rt> A [zATC (3�1LaA �,cr LOTS 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 1 E 1 La`t S W E 9 E a e i C,1 0 A L-L y {'U R c i-( A SC D F3 T1r1 � o01C,in1A7.L SV9D1VI (,3 f W1iH SHE iav,GaCj o 61VIfjCi ONE T� E it N. . o f � i 5 � ,N L b R E-.CJ ( �`/S E L F �-r�a �y JNOC 1r{ F C0E- E 0G, 11 E C ArN n)D-r P� S 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 "CAE. (4ARn S 10 -V1 e CAJ5le 01/(L T `^' o HALF -AC-P U.)E RE M E Ei E D 1 r i`S° A S I rJ G L E o N E A c A E I•.o T S I M P L j (3 CC_A-j S i` TNE,/ wC RE lk-j t4 e L-D u NoeR -s4 u� s A m c NArnt /_r.,n AKE A.,D5A 1 rT 40 t PURCt1Ast ErULy a NE'. t-r ALP - A-C12E 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because L o'C 00 S'T A6ZS fZb AD A-R AL ` 1C L—a j r ri0S� o W,A c.0 i A v G (j C7C N IS Q N L_-T 00 R e A(-i N n e p 7.. A k9?Gz o v A fit-r—2 E A 04 \S oe d G\J G N STATE OF NEW YORK ) ) ss ......... .......`.....A...................... COUNTY OF ) Si no ure Swornto this .................2...................... day of........\.. .. ..................................... 19 � ,���� .................................. ..................... Notary Public NffMtY KtaS�te to Nw Yak No.4707873,Suffolk G�Term Expires March 30,1 TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DIST.. SUB. LOT FORMER OWNER 0 N E ACR.® ) J /- 1 r S W TYPE OF BUILDING RES. SEAS. VL. �� FARM COMM. CB. MISC. Mkt. Value- LAND IMP. TOTAL DATE REMARKS S 7,22 3 3- ez�6c)c) 7 d AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre Tillable ' 1 Tillable 2 Tillable 3 Woodland Swampland FRONTAGE ON WATER Brushlond FRONTAGE ON ROAD House Pzt DEPTH BULKHEAD Total DOCK z TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DIST. SUB. LOT 2o�1,1 8 6 a FORMER OWNER N E ACR. vl • i��r✓�/"��� S W TYPE OF BUILDING RES. SEAS. VL. � FARM COMM. CB. MISC. Mkt. Value LAND IMP. TOTAL DATE REMARKS 01, ® �k D > AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre Tillable 1 Tillable 2 . Tillable 3 Woodland Swampland FRONTAGE ON WATER FRONTAGE ON ROAD !� ° o Brushland �:� �• � r (� House Plot DEPTH BULKHEAD Total DOCK g tm I�� Southold T®wnB®ard 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 July 11 , 1986 Mr. John P. Sgouros 85-15 Kendrick Place Jamaica , NY 11432 Re : Appeal No . 3479 (Variance ) Dear Mr . Sgouros : Enclosed please find a copy of the official findings and determination recently rendered by the Board of Appeals and filed . this date with the Office of the Town Clerk concerning your application . In the event your application has been approved , please be sure to return to the Building Department for their authoriza- tion of any new construction , or for other written documents as may be applicable . If you have any questions , please do not hesitate to call either our office (765-1809) or that of the building inspector (765-1802 ) . Yours very truly , GERARD P . GOEHRINGER CHAIRMAN Lin VF. Kowalski Secretary Enclosure Copy of Decision to : Building Department Planning Board y - AR v o. .Z477 VJ t� n M IN, o '� ry. o/ �/4.0/ //.moo/ /i6.0! //7•U/ //8.0/ !/9.O/ /,'n.c/ 5+� QYVNE D .qND DE VE•L 0/:3ED a le COS 7-1'q5 S7-ARS . 7: was a- MAR ION, /V Y � i. .9F�PROVEo 1963 30UTf-/OLD 7owN PL.ANN/NG BOARD. S�•g"C G7/ 1 cam• I �. ! �'� J CHI4/RM,,qN a en S. 10� 3/ '00 '•E. S 74.8/ i i /90•02 .'7F/• 89 �, �u /o' o o ) o N o ) 53 ���. O .z 77,zo �1600�10 Iz rOLO) 3 68.a /6 8.4 Z IzB.59� lp, a•4 IG 8.o i ` /68.4 Z � / - ?I_/V. /O°S/'30"W.h 0 U z e r7 c, Sew Ex f'e 7-n5' o f S f ct i-s a 0190$• o"v1i. J7-z(o��Disy' iso � V C r � o n So,o v. /iO2 6 \` / John P. Sgouros 85-15 Kendrick Pl . Jamaica N. Y. 11432 (718) 291-1837 ' May 21 , 1986 Mr. Gerard P. Goehringer, Chairman Q Southold Town Board of Appeals Town Hall Main Road Southold, N. Y. 11971 Ref : Appeal No. 3479 (variance) Dear Mr. Goehringer, In response to your request of May 1 , 1986 during a scheduled meeting of the Board, we have researched the town' s tax records to identify how many property owners in our subdivision are faced with a similar situation as our own; i" e. adjacent lots under the same ownership name. he have found that out of a total of approximately forty (40) lots in the subdivision there exist four (4) situations in which two adjacent half acre lots are under the same ownership. We have not found any owner with more than two adjacent lots. In an effort for the Board to favorably consider our appeal , we ask the Board to consider the following: 1 . Our situation is not unique. It is being faced by three other parties in our subdivision. 2. We believe that our lawmakers are fair, and that it is not the intent of the law to deny selected owners rights which they had at the time of purchase. Your letter of April 9, 1986 refers to equitable exceptions of the law. It seems ironic that if at the time of puchase in 1966, my father had placed one lot in my mother's name, the lots would not have been merged. We bought the lots as a family. It was a formality of convenience that they were both placed in my father' s name. 3. Since there exist approximately thirty six (36) separate owners of half acre lots, with many of them already built upon, it will not change the character of the subdivision nor ^^ ^ ^ � / � burden its physical resources if we construct two houses instead of one. The three largest lots in the subdivision are 0. 6, 0. 58, and 0. 56 acres. The great majority (75%) are in the range of 0. 47 to 0.5 acres, and the rest are less. There exist houses on lots as small as one third (0. 33) acre. Should the Board favorably grant the set-off, our individual lots would be 0. 47 and 0. 51 acres. 4. For twenty years, including the current year, we have been invoiced, and paid, taxes for two separate lots. We have also incured significant costs in the preparation of two sets of custom plans. We were not informed of the merging until our plans were submitted for approval with the Building Dpartment. 5. Our plans, already prepared, are for custom houses � specially designed to blend with the character of the subdivision. We believe the architectural esthetics of the houses will enhance the subdivision and become a pleasing addition to the existing structures. 6. The department of Health has already given their approval for our two houses. We again respectfully request that the Board grant us the set-off to restore the lots as they were originally subdivided, zoned, and approved by the town. John P. Sgouros OFFIC �� ° � ORNEY ROBERT W.TASKER . ( D TELEPHONE Town Attorney (516) 477-1400 425 MAIN STREET • P.O.BOX 697 GREENPORT,L.I.,NEW YORK 11944 May 13, 1986 Mr. Gerard P. Goehringer, Chairman Southold Town Board of Appeals Town Hall Main'Road Southold; New York 11971 Re: Subdivision. Map of Stars Manor Dear Gerry : This ' .is in response to your letter :of May 8, 1986. relative to .the above subdivision map filed . in. the Suffolk County. Clerk's Office on September 19, 1963, as Map No. 3864. It would appear that Pantelis Sgouros.purchased .both subdivision lots 22 B 23 by deed dated. August 27, 1966 and recorded in Liber 6036 at page 431, and thereafter conveyed both Lots by separate, deeds to John Panos Sqouros on December . 26, 1984 by deeds .recorded : in Liber. 9722 at page 531 and Liber 9722 at page 533. . By reason of, .the. foregoing, at:..least' from August 27, 1966 to.. December .26, 1984, both contiguous lots: 22 8 23 were owned in one name. Therefore, such lots do not meet the. requirements:.of Section 100=31A, since each lot was '.not "held in single. and separate ownership prior to November 23, 1971,. and thereafter, It is my opinion that the lots. .In . this subdivision. are governed by the bulk and parking requirements. set forth. in Column 40=A of the Bulk and Parking Schedule; pursuant to Section 100-31 B(1) of the Zoning Code, since the lots are shown on, a major subdivision map granted final approval by the Planning Board prior to May 20, 1983. Since, each lot ..in question is less., than 40,000 sq.. ft. : .in area, an area variance is required. Yours very truly; ROBERT W. TASKER RWT :aa � � � tirdrF 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. May 8 , 1986 ROBERT J. DOUGLASS JOSEPH H. SAWICKI Robert W. Tasker , Esq . 425 Main Street Greenport , NY 11944 Re : Map of Stars Manor Subdivision as Approved 9/19/63 Article III , Sections 100-31 (A) & ( B) Dear Bob : We have an application pending in the Name of John Sgouros who owns two Subdivision Lots #22 and #23 as approved by the Planning Board—September 19 , 1963 , "Map of Stars Manor" at East Marion . It is our understanding that there are at least four cases in this same subdivision which have similar circumstances . Article III , Section 100-31 (A) pertains to exemption as to area , width , setbacks , etc . of lots held in single and separate ownership since prior to November 23 , 1971 . Section 100-31 (B ) pertains to lots on major and minor subdivision maps approved by the Planning Board .prior to May 20 , 1983 requiring " . . . bulk and schedule requirements for single-family dwellings , as set forth in Column A-40 . . . . " The building inspector Notice of Disapproval dated April 14 , 1986 states that the " . . . lots are contiguous in one ownership and are not exempt from lot size requirements since Section 100-31 (B ) [4] requires all lots on . . . subdivisions with the Planning Board approved prior to November 23 , 1971 to meet the requirements of the A-40 schedule , " which are 40 ,000 sq . ft. in area , etc . The applicant , Mr . Sgouros has submitted copies of previous tax bills for each lot , separate deeds , etc . which are enclosed . Also , enclosed is a copy of a Planning Board letter dated November 10 , 1983 concerning two other lots in this same subdivision Page 2 - Robert W. Tasker , Esq . May 8 , 1986 Re : Map of Stars Manor Subdivision Lots With Less Than 40 ,000 sq . ft. just south of Mr. Sgouros ' property known as Subdivision Lots #20 and #21 , owned by Dimitr' ious Papgiannakis , also contain less than 40 ,000 sq . ft . in area . Having attended the code committee sessions , it did not appear that the intent was to exclude lots on subdivision maps approved by the Planning Board which contain less than 40 ,000 sq . ft . in area . We request your legal opinion ; if additional information is needed , please let us know . Thank you for your assistance . Yours very truly , GERARD P . GOEHRINGER CHAIRMAN lk _ Enclosures U� Ljr"�' P AeD�N,I> 1)AID D T(�y "( ,SOU;, r'LD Southold, N.Y. 11971 (516) 765-1938 May 7, 1986 John Panos Sgouros 85-15 Kendrick Place Jamaica, NY 11432 Re: Set-off at Stars Road, East Marion Dear Mr. Sgouros: The following action was taken by the Southold Town Planning. Board, at the Monday, May 5, 1986 meeting, following a field inspection. RESOLVED that the Southold Town Planning Board refer the following comments to the Southold Town Board of Appeals with regard to the application of John Panos Sgouros located at East Marion: 1. The lots proposed are less than 80, 000 square feet and the Planning Board cannot endorse lots that are -less than the zoning. Please contact our office if you have any questions. Very truly yours, co r 4-)C�,4r��,�- BENNETT ORLOWSKI, JR. , CHAIRMA SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary /c: Boa3rd of Appeals Page. 3 ( Regular Meeting of May 1 , 1986 ) Copies of the Notice of Hearings to the following 4/15/86 : Mr. and Mrs . C . Bruce Staiger , Box 348 , Southold , NY 11971 Mr . Gary Doroski , 425 Monsell Lane , Cutchogue , NY 11935 Mr. John P. Sgouros , 85-15 Kendrick Place , Jamaica , NY 11432 Mr. Arthur Siemerling , Box 108 , Mattituck , NY 11952 for CASA Mr. and Mrs . Vincent J . Casa, The Strand , East Marion , NY 11939 Mr. Robert Johnsen , 4300 Soundview Avenue , Southold , NY 11971 Mr . and Mrs . Harry Hurlburt, Box 98 , Fishers Island , NY 06390 Mr . and Mrs . Harry Hurlburt , 7014 Sheaff Lane , Fort Washington , PA 19034 Frederick M. Reuss , Jr. , Esq . , 230 Hilton Avenue , Suite 103 , Hempstead , NY 11550-8116 for PAUL LEARY Mrs . Susan Long , Box 46 , East Marion , NY 11939 Howard E. Pachman , Esq . for TSIRKAS and BROPHY Rudolph H. Bruer , Esq . for TSIRKAS and BROPHY Z .B .A. Members Building Inspector-Executive Adm. V . Lessard Town Clerk Bulletin Board Z . B .A . Bulletin Board ( in office ) Planning Board Office y Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 JUDITH T.TERRY TELEPHONE TOWN CLF,RK (516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN.CLERK TOWN OF SOUTHOLD FEbruary 28, 1986 To: Southold .Town Zoning Board of Appeals From: Judith T. Terry, Southold Town. Clerk Transmitted herewith is Zoning Appeal No. 3479 application of John P. Sgouros for a variance . Also included is Notice to Adjacent Property Owners; letter relative to N.Y. S. -Tidal Wetlands Land-Use; Short Environmental Assessment Form; application for a disapproval of a building permit from the Building Department and survey . Judith T. Terry Southold Town Clerk 24 (VACANT) 50 PROP05F-b -RESipENeE, . 3¢`.0.7 8. _°3-d 30°E o -- 12--0330.2'. STA' 31.5 P(41 TE L I. S 5 � LJ R- 0 S THE WATER Sl j AT E.A5T _. MAR10H �s). _ TONy. Or - 5 UTHOLO N.`Y.ul L PROPOSE >; �SIC��NtGE 3�'-O`' w SETBACK OW H.EtgS AL9P' tL to cf) -5.780 3w'-30"W !- - 33.E �.n o h ?Fl5 0LE{ z _ ( oT 23 AR F-A 20.210 S.F , O FfoU{ja ��� � . j. Southold. Town can`� ��. &.�:J�. � • � Board of Anneals 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: Please find enclosed herewith copy of the Legal Notice as published in the local and official newspapers of the Town of Southold, to wit, L. I. Traveler-Watchman, Inc. and Suffolk Weekly Times, Inc. indicating the time and date of your recent application with the Board of Appeals. Someone should appear in behalf of the applicant at the public hearing in the event there are questions from board members or persons in the audience. If you have any questions, please do not hesitate to call our secretary, Linda Kowalski, at 765-1809 (or if no answer, 765-1802) . Yours very truly , r GERARD P. GOEHRINGER CHAIRMAN lk Enclosure ance to t11e aunlug vw,I.UILIC, Article 111,Section 100-31,Bulk Sche('-'- for approval of parcel in th iposed set-off division of lai ving insufficient area and depth, located along the North Side of Main Road, East NOTICE OF HEARING Marion, NY; County Tax Map-­ NOTICE IS HEREBY GIVEN,, Parcel No. 1 acres. con- taining 11.912 acres. pursuant to Section 267.of the 8:15 p.m. Appeal No. 3471­-='.; Town.Law and the Code of the. NICHOLAS TSIRKAS,,(Reces- Town of Southold,the following sed from 4/3186). public hearings will be held by ,; - `' 8:20 p.m. Appeal No."'3489.- STATE OF NEW YO,RK ) the .- SOUTHOLD TOWN .;,.,�PAUL LEARY fora reversal of BOARD OF APPEALS at the "- decision of the building inspector. ) SS' Southold Town Hall,Main Road, for a nullification of actions by COUNTY OF SUFFOLK ) Southold,NY at a Regular Meet-. the .Building Departme4,. to . ing commencing at 7:30 p.m.on'. ' issue a modified Permit anti•'De- THURSDAY,MAY 1,1986,and lotion Permit, and that the mo as follows: "property owners be left to regular H a a t h o� I r,a 0,f4 of G reen port, In p.m..AppeafNo. 3399.- procedures of law,to be allowed said County, being duly sworn, says that he/she is "C. BRUCE - AND ANN-E nly after review by the Board of STAIGER.Variance to the Zot Appeals and in accordance with Principal Clerk of THE SUFFOLK TIMES,a Weekly .`ing Ordinance, Article III, Sec=' :all other provisions of law.Name Newspaper, published,at Greenpert, in the Town tion 100-31, Bulk Schedule, for of Owners and Location of Prop- 'approval of two.parcels having ertyof Southold, County of Suffolk and State of New insufficient lot area, width and AN in Question: FRANK E- D MARY BROPHY,75 Sec- depth and as described in Deed s York, and that the Notice of which the annexed is and Street, New Suffolk, NY;. -at Libers 3362 cp 53, and 5676 County. Tax Map Parcel No.,*. a printed copy, has been regularly published in cp'213,located at the east side of 1000-117-10-20.7. i '!Wells Road,Peconic,NY,County The Board of Appeals-will . said Newspaper Once each week for One Tax Map ParcelsNo.1000-86-2-4 ,', ''hear'at said time and place all Weeks successively, commencing.on the 24 and.5. persons or representatives desir= April 19 8 6 7:40 p.m..Appeals No. 3396 ing to be heard in each of the day Of GARY DOftOSKI for a Vari- :above matters..; Written com- . ance to the Zoning Ordinance; ments`may also be submitted Article XI,Section 100-119.2(B) prior to.the conclusion of the J 6vuld- jo locate pool within 75 feet of hearing in question:For more in- wetlands. 425 Monsell Lane, :`';', formation, please call 765-1809 Cutchogue..(Recessed from 4/3/ . .: :(alt.1802). Principal Clerk 86). '^` Dated:April 3,1986 7:45 p.m: Appeal No 3479 BY ORDER OF JOIiN P.SGOUROS for a Van THE SOUTHOLD TOWN Sworn t0 befoXA me this ance to the Zoning Ordinance, BOARD OF APPEALS - Article III,Section 100-31,bulk ---'GERARD P.GOEHRINGER, day Of `'�' 19 MARY K.DEGNAN Schedule for approval of two par CHAIRMAN NWARY PUBLIC,Stale of New York cels known as Subdivision Lots - 1TA24-5224 / � Q� ,�1,—_ Suffolk County No.4849 6o #22 and #23, "Stars. Manor" j Expires Februa,�7� 9 "'/ "Subdivision Map No. 3864, ap- : -- -------- proved by the Planning Board 9- . ----- - ------ --- .4.97196, having insufficient. ,area, width and depth,'located along the West Side of.Stars Road,East Marion,NY;County Tax Map Parcels No.1000-22-2- 20 and 21. - 7:50 p.m. Appeal No. 3480 - VINCENT AND JOANN T CASA for a Variance to the Zon- ing Ordinance, Article XI, Sec- tion 100-119.2(A)for permission to locate swimmingpool with deck and fence enclosure within 100 feet of bluff along the Long Island Sound,premises known as 1840 The Strand, Pebble Beach Farms Inc.Subdivision Map-#2, Lot #115, East Marion, NY, County Tax Map Parcels No. 1000-30-2-58. 7:55 p.m. Appeal No. 3486 -- ROBERT .JOHNSEN for. a Variance to the Zoning Ordi- nance, Article III, Section 100- 31, Bulk Schedule for approval of insufficient lot area of prop- osed Parcel #4 in this pending four-lot minor sudivision located along the south side of Sound View Avenue,Southold;County Tax Map Parcels No.1000-68-4-2 _ and 3. 8:00 p.m. Appeal No. 3490 HARRY. AND _ SANDRA HURLBURT-for a Variance to the Zoning Ordinance, Article III,Section 100-32 for permission to locate accessory storage shed in frontyard area. Location of Property:Private Road,Fishers Island, NY; bounded north by Walker,west by Spofford,south by Private Road,east by Private Road and Sorenson;County.Tax Map Parcel No. 1000-3-2-10. 8:05 p.m. Appeal No. 3494 -- PORT OF EGYPT ENTER- PRISES for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to locate marine fuel storage tank structures in this"C-Light" Industrial Zoning District with an insufficient setback from landward edge of tidal wetland and from ordinary highwater mark,at 6230 Main Road,South- old,NY;County Tax Map Parcel No. 1000-56-6-3.2,3.3,4,6,6.1. 8:10 p.m. Appeal No, 3468 -- ROBERT J.LONG for a Vari- d . NOTICE OF HEARING NOTICE IS HEREBY GIVEN, pursuant to Section COUNTY OF S U F FO L K 267 of the Town Law and the STATE OF NEW YORK ss: Code of the Town of Southold, the following public hearings will be held by the SOUTHOLD TOWN BOARD OF AP- PEALS at the Southold Town Patricia .Wood, being duly sworn, says that she is the Hall, Main Road, Southold, Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, .NY at a Regular Meeting com- a public newspaper printed at Southold, in Suffolk County; :.mencing at 7:30 p.m.' on THURSDAY, MAY 1, 1986, and that the notice of which the annexed is a printed copy, and as follows: has been published in said Long Island Traveler-Watchman 7:35 p.m.Appeal No.3399- once,each, vd��k for . C. BRUCE AND ANNE weeks STAIGER. Variance to the Zoning Ordinance,Article III, successively, commencing on the . . . . . . .a Section 100-31, Bulk Schedule; • • • • • • • for approval of two parcels hav- I ing insufficient.lot area, width day o . . . . . . . �. . . 19 . and depth and as described in ' Deeds at Libers 3362 cp 53,and 5676 cp 213,located at the east side of Wells Road, Peconic, . • • • • • • ' . ' • • NY, County Tax Map Parcels 'No. 1000-86-2-4 and 5. 7:40 p.m.Appeal No.3396_. .0 .m.Appeal No. 3494- P GARY DOROSKI for a a PORT*OF EGYPT ENTER- Variance. to the Zoning Or- Sworn to before me this . . . . . . . . . . . . . . . . . . . . . PRISES fora Variance to the dinance, Article XI, Section. Zoning Ordinance,Article XI, 1,00-119.2($) to locate`pooT:`, Section2 for permis- 1 00-119• within 75 feet of wetlands.425 • • ' • • • ' . . . . . . . . . , 19 . . . . . sion to :locate -marine ..fuel Monsell Lane, Cutchogue. storage tank structures in this (Recesed from 4/3/86) "C-Light" .Industrial Zoning 745 p.m.Appeal No. 3479- District with an insufficient set- back. from landward 'edge of JOHN P. SGOUROS fora g . Variance to the Zoning Or- . . . . . . . . . . . . . . . . . . . . . . . tidal wetland and from oidinary dinance, Article III, Section ',',...highwatec mark, at 6230 Main 100-31, bulk Schedule for ap- Notary Public ." Road, Southold, NY; County proval of two parcels known as BARBARA FORBES .Tax :Map. .:,Parcel No. Subdivision Lots no.22 and no. Notary Public, State of New Yorlc 1000-56-6-3.2, 3.3, 4,'6,.6.1. 23,"Stars Manor"Subdivisio No. 4308816 8:10 p.m.Appeal No.3468- Map No.3864,approved by the Qualified in Suffolk CountyROBERT J. LONG for a Planning Board 9-19-1963,hav- Commission Expires C�• 3, Variance to the Zoning Or- `g 19�'F dinance, Article Ill, Section ing insufficient area,width and 100-31, Bulk Schedule; for ap- depth, located along the West proval of parcel in this propos- Side of Stars Road, East ed set-off division of land hav- Marion,NY; County Tax Map ing insufficient area and depth, Parcels No. 1000-22-2-20 and 21 located along the North Side of 7.50 p.m.Appeal No. 3480 Main Road,East Marion,NY; VINCENT AND .JOANN County'Tax Map Parcel No. CASA for a Variance to the 1000-314-15,containing 11.912 res. . Zoning Ordinance,Article XI, acres. p.m.Appeal No. 3471 - Section 100-19.2(A)for permis' NIGH p.m. TSIRKAS sion to locate swimmingpool (Recessed from 4/3TSI with deck and fence enclosure (Recessed edp. Appeal No.3489 within on feet of bluff along 8:20PAUL LEARY for a reversal of the Long Island Sound, premises known as 1840 The decision of the building inspec- Strand, Pebble Beach Farms for for a nullification of actions Inc.Subdivision Map no.2,Lot by the Building Department toissue.a modified Permit and no. , East Marion, N Demolition Permit,and that the Counttyy Tax Map Parcels No. property owners be left to 107:55 p.m. regular procedures of law,to be 7BE p.m.Appeal No.for - allowed only after review by the ROBERT JOHNSEN for a Section Board of Appeals and in accor- Variance to the .Zoning Or- dance with all other provisions dinance, Article III,100-31, Bulk Schedule for ap- of law. Name of Owners and Location of Property in Ques-- proval of insufficient lot area of Location FRANK AND MARY proposed Parcel no: 4 in this tionBROPHY, 75 Second Street, pending four-lot minor subdivi- Nev-,Suffolk, NY;County Tax lion located along .the south side of Sound View Avenue, Map Parcel No.1000-117-10-20.7. Southold; County Tax Map The Board of Appeals will Parcels No. 100-68-4-2 and 3. hear at said time and place all persons or representatives desir- R p:m.Appeal ing to.be heard in each of the - HARRY AND SANDRA HURLBURT for a Variance to above bove matters. Written com- mentsmay also be submitted the Zoning Ordinance, Article prior to the conclusion of the III, Section 100-32 for permis- hearing in question. For more sion to locate accessory storage information, please call shed in front yard area. Loca- informs (on 1802). tion of Property:Private Road, Dated: April 3, 02). Fishers Island, NY; bounded Da : ORDER 86 THE north by Walker,west by Spof- SOUTHOLD TOWN ford, south by. Private Road, BOARD OF APPEALS east by Private Road and Soren- GERARD P.GOEHRINGER, son; County Tax Map ParceARM CHAIRMAN No. 100073-2.10. 1T-4/24/86(2) i TOWN OF SOUTHOLD, NEW Y01' APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE .. .1.. .��.�. .�... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. � � C 1, (We) �' {{ ....of ...........:....... ..... . .... ....... .......................... . ....................... ......... Name of Appellant Street and Number N:. :...............HEREBY APPEAL TO Municipality State Ii'A3-e- THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. ..............................•••••• DATED . 1 WHEREBY THE BUILDING INSPECTOR DENIED TO . ......�... SGov .5.................... i Name of Applicant for permit of R 5 (.5.....K. .!�.� `�.<<.....5 L............;�.A.! ..A..`.�..:�.......... ..... .....:......:................ Street and Number Municipality State ( ) PERMIT TO USE ( if PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ?.`............ ....!.�.� .......`'j.n •S••• ° �7 E A S'i i` A t .. ............:................................ Street Use District on Zoning Map ............... .`�:' D.\...........Current Owner .j-a 't1 '? `�6CD J . ... N.. Map No, � Lot o. 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.) kT 3. TYPE OF APPEAL Appeal is made herewith for ( � 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 ( ) s p cA is requested fm`the-reason that Lo'T b G SiE T V3 S C P A P, A-Tj- D,A F3 L_ Form zsi (Continue on other side) REASON FOR APPEAL Continued 1. . STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because EizE oCIGIriAL_' `/ FU0- L14i1Sc- a PR'' M`r FA1.H6 A-i -ita > T � MI- aG TNr of=lGir.JA 5v —%, p1v rJ r "JII11 THE irJT& ails tjG. 0 N Fz C. Attu v � i1 � `j - L� N OC (Z IA Ir Cv9 t? it I a% C-1 1-1 E 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 7HE (-AA p, G14 , r ("5 uijIa ratCj4,)s ' 0vt'� Twc� NAL1= - Ace s t-01 E E E M'E 4 C-)E o , r' ° A S i rJ C, i_ E o ,-i c A c P E i- 13 E c A-j 5 r �iC- RC \2� crr �I p1E.�D vNOE: u TO G jA NA ,-Al- J�air, fAKkE' A'DSAL� ti%.�. I (A-D Wrk> Pop- co C)N t1A LF ACJ2E. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because 4 L c) 5T A Q S AD C P C A i_ A C P L 'Vj 't� I c_i I i 1 a \j �c \3 -114 Q67_i L• � ppRod,4- 0--A-S �1t—�E ��� 13 &E0 C 1 STATE OF NEW YORK ) ss ................ COUNTY, OF ) Signature Swornto this .............................................. day of...........1............................................ 19 p 1✓ HELEN!L DE VOE NOTARY PUBLIC,SW of New York Notary Public No.4707878,Suffolk County Tam Expires March 30,19! BOARD OF APPEALS, TOWN OF SOUTHOL_D In the Matter or the Petition of �okr-t NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT PROPERTY OWNER y To: p� � c �1ACL -TNALAss, mAS zg_a6 2- i S� ,fur ASgoR ( A NY, illa2 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: ; z 5 1 57 A S {Ro A D t7iSIT �c 91 Qci� Pc . i o o u 'L'L -2.. Zo 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: 1 0 A--T i 5 S E T o V= F: P N TO -��.� o S C P AR_0-1-1 T-�U%LL 7{A G i,L IT \/ � (Z1C, i r✓c�li `/ W K � 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article T71 Section b o o — 3 I [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board.of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: 7i --r Petitioner Owners Names : �o � Q• S Go�R� S Post Office Address BSis Keo�n(�icK �r- VmA-tcA Ny t1`�3Z PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS STATE OF NEW YORK ) ss.: COUNTY OF SUFFOLK) inilfl r'�S residing at �'� 1� \J F)CRC �-z3-A K(,1Ca L ll �5 - , being duly sworn, deposes and says that on the a day of b Y'LA6 0A , 19 'R� , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold;that said Notices were mailed at the United States Post Of- fice at ; that said Notices were mailed to each of'said persons by tified (registered) mail. Sworn to before me this b day of 19 HELEN K.DE YOE J)� MO�fARY PUBLIC,State of New York IJ V No.4707878,Suffolk County Notary Public Term Expires March 30,19-. � _ e (This side does not have to be completed on form transmitted to adjoining property owners . ) BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of `U-0k yA NOTICE • TO to the Board of Appeals of the Town of Southold ADJACENT TO: s-Fe P H E rJ Sc+4©-TI- PROPERTY OWNER 123S cEPAR DMZ . EA-1:�;T H A Rti oN N_Y. i [ 2 39 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: S0 2-5 3 i 5 5-FA RS R D. a1 '1 5-L—_ gL.ocK ' P 00 cO •2 Z -2.- Zo 2 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: TI+,4T L-o T I SET oi= r .Two SETAizATe RvIt_ DA '51, L -T-;-1 e-Y o R 1 C) i ry A-A- i,-f w , 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article If T 17 Section_ I o o -- 9 1 [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (516) 7�5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the-date of such hearing in the Suffolk Times and in the Long Island Travel er-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 beheard at such hearing. Dated: 2 _9I 6 Petitioner Owners Names : 1oN N SGouRo S Post Office Address &S- ts- (Z I t< PL PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS STATE OF NEW YORK ) COUNTY OF SUFFOLK) ss.: S&C:) - 2 0S residing at 3a being duly sworn, deposes and says that on the ad' day of ' cu , 19 _4, deponent mailed a true copy of the Notice set forth on the re- verse side hereof, di ected 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 o the Town of Southold; that said Notices were mailed at the United States Post Of- fice at cabl'r�Lo that said Notices were mailed to each of said persons by ertified (registered) mail. Sworn to beAore me this day of 19 I /I HELEN K.DE VK v 0� NOTARY PUBLIC,Sate of NO 14otlt No. 470787B,Sutmlk� Notary Public Term ExpiresMmh30,1 (This side does not have to be completed on form transmitted to adjoi.ning property owners . ) r FORM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL Date ..�, C�8/�v/J �!'. . . � . ., 19 PLEASE TAKE NOTICE that your application dated . . . . . . .. . . . . . . . . . . . . . ., 19 for permit to C,--L. . . CC,)a. . W.Cpp1 -.�/S! . . . . . . . . . . . . . . . . . at 1 Location of Property W. 7�. . . S ./. .4 , . . . . . - House No. Street 99 Hamlet County Tax Map No. 1000 Section . .Qo2 a. . . . . . Block . .002. . . . . . . . Lot l G.- . . . . Subdivision�7!e`zs.r.7i .Q�4 Filed Map No. 3 6. . . . . . . . Lot No. J. . . . . . . is returned herewith and disapproved on the following grounds . . . . .l j-rL. . . 07. J/'.ic . 4010(1(0 -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Building Inspector RV 1/80 44, Southold Town Board fAppeals o 11 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 April 9 , 1 98 6 JOSEPH H. SAWICKI Mr. John P . Sgouros 85-15 Kendrick Place Jamaica , NY 11432 Re : Appeal No . 3479 ( Variance ) Dear Mr . Sgouros : Since the filing of your application on February 28 , 1986 , we have discussed and researched the history of your property with Victor Lessard , Executive Administrator ( Building Department ) , and its approval by the Major Subdivision Map signed September 19 , 1963 by the Southold Town Planning Board (for both Lots #22 and #23 ) . Mr . Lessard has indicated that he agrees there are exceptions by Article III , Section 100-31 ( B) [1 ] , page 10028 of the Zoning Code , for "All lots shown on major . . . subdivi - sion maps which were granted approval by the Planning Board prior to May 20 , 1983. " By way of a copy of this letter , we are requesting reconsideration by the ' Building Department of their Notice of Disapproval dated February 21 , 1986 , in this regard . We will keep you advised concerning developments . Yours very truly , GERARD P . GOEHRINGER CHAIRMAN cc : Building Department By Linda Kowalski t' Vic , Please let me know if I am. wrong -- A while ago , when two-acre zoning came into effect , there was some discussion between the town departments (planning , zoning , building and town . board) as to prior subdivisions that have received Planning Board apprdVal . The town board passed a resolution after they adopted the two-acre zoning , saying that the new law would not affect subdivisions approved by the town prior to May 1983 . The reason I am asking is Ed H. gave a Disapproval to John Sgouros dated February 21 , 1986 (copy attached ) which is different from what our understandings have been . (Stars Manor Subdivision approved 9-19-63 . We have not scheduled a public hearing -- he only filed with ZBA and Planning Board last Friday. Do you agree with Ed - -- ? Thanks . 1 f( 1 a „ Qsillj\il "U, a k(UUI ILy IICVII:W 1%Lt. I•l:IiUICC! U1) mission of this form. and an environmental review will be made by this )ard before any action is 3ken . SNORT ENV IRON;dEPPTAL ASS?S�!S�F.'!i FCP'1 I;lSTA1'CT'_GI.Ss .. (a) In order to answer the questions in this short EAF is is assured that the preparer will use currently available infor.-.:-ition concorning tho project and thn .,;,{ ;'.•, lamely impacts of the action. It is not expected that additior,al studio°, roeearch .or other investigations will be undertakon. :';;.•'; y question has 'been answered Yes the pro jact wy be significant and m -ccmpleted Envircnr..ental Assessment Form is necesLar-/. (c)I If all questions have been answered No it is likely that this project la nc- significant. (d) Environmental Assessment 1. Will project result in a large physical ch�npo to the project site or physically alter morn than 10 acres of land? . Yea -✓ Ito 2. Will there be a major change to any unique or unusual land form found on the site? . . . . . Y03 ✓ No J, 3• Will project alter or have a largo effect on / an existing body of water? . . • Yes `� No pi .4 Will project have a potentially largo m j p y impact,paCTi O11 �• grotindwater quality? o • Yes ✓ 110 y. Will project significantly effect drainage flow On adjacent 91tC9? o • • • • . • . • • . o Y03 NO 6. Will project affect any threatened or endangered plant or animal species? Yes ✓ No 7• Will project result in a major advorso effect on air quality? . Yc9 11", No e. Wil 1 project have a major effect on visual char- acter of the community or scenic views or vistas known to be important to'the community? • Yes ;/ ,10 9• Will project adversely impact any alto or struct- ure of historic, pro-historic, or paloontologicul importance or any site deeignatod ao a critical environmental area by a local ogoncy? . • Yea C_ No 10• Will project have a major effect on existing or future recreational opportunitios? . . Yes 11. Will project result in major traffic problems or cause a major effect to existing transportation / systerr.3? • • • • • • . • • • o . Yes No 12. Will project regularly cause objectionable odor--, noiso, glare, vibration,. or electrical dl3turb- / ance an a result of the project'u operation? Yea ✓ ;!o 13• Will project have any impact on public health or safety'' • • o . . . • . • . o o -- Yes . Pao 14• 'di!l project affect the existing community by directly causin4 a growth in permnnent poplLla- ticn of more than 5 percent over a one-yoar period or have a ma for n,lgative effect (in t:-.e character• of the community :r neitihtorhood ) . Ye.-1 •✓_ P:o 15. Is there pu 11c cont. oversy concerning the prujec-,° Yea ✓NO "EPMER'S SICNATlilE: 111/ti' TITLE; 01WNt 1z_ p:fZE5E'7TI'!G: �alF n� S CID vt" S DATE: 2 (Tcday ' s Date) To: Southold Town Board of Anpeals Blain Road Southold, NY 11971 Re : Anneal Application of Jpl••) of .''A /JoS SC-FoL) IQ0 Location of Property: 3oz 5 3 f 7 e CAST NAd? 1a1J � . .l. Dear Sirs : In reference to the New York State Tidal Wetlands Land-Use, Regulations , 6 NYCR., Part 661, and Article 25 of the New York State. Environmental Conservation Law, please be advised that the subject property in the within appeal applicationl : (pl-��isc ch(_ck cJne box) [ ] May be located within 300 feet of tidal wetland!; however, constructed along the water-lyin(j e�jce of this property is a bulkhead in very good condition and at least 100 feet in length. * [ l May be 'located within 300 feet of tidal wetlands ; however, construct:.cd along the water-lying edge of this property is a bulkhead in need of (manor) (major) repairs, and approximately feet in length. [ ] May be located within 300 feet of tidal Wetlands; however, constructed. along the water-lying edge of this property is a bulkhead less than 100 feet in length. [ ] May be located Within 300 feet of tidal wetland; ; and there is no bul.chead or concrete wall e.fis'-:zg on the premises . - [ ✓ 1 Is not located within 300 feet of tidal wetlands . to the best of my knowledge. * [:Marred iterns ' (*) indicate your property does not appear to fall within the jurisdiction of the N .Y.S . D. E.C. ] kn ely y urs , tur please) NOTE: if proposed project fallsn D.E.C. jurisdiction, approval must be received and submitted to our office before your application can be scheduled for a public hearing. INFORMATION .CONCERNING ___W DIVISIONS OFI AND (Set- ifs , Minor Subdivisions , etc Lots under 40 ,000 sq . ft . in area and not on an official subdivision map : 1 . Article VI , subdivision approval from the Suffolk County Department of Health . (548-3327 or 3318 or 3312 for information ) ; 2 . Southold Town Planning Board approval for a set-off or minor subdivision approval , (765- 1938 for applications ) ; 3. Southold Town Zoning Board of Appeals variance (s ) . (765- 1809 ) . ] All lots within 300 of tidal wetlands and waterways. : 1 . N . Y .S . Department of Environmental Conservation subdivision approval (751 -7900 for applications and information ) . 2 . Subdivisions , set-offs , or 'site plans require Southold Town Planning Board approvals (765- 1938) . X ] After all approvals have been received : I . Southold Town Building Department for Certificates of Occupancy for each lot (765-1802 ) . ] Lots over 80 ,000 sq . ft. in area - and over 175 ft . lot width : 1 . Southold Town Planning Board approval . ] Lots over 40 ,000 sq . ft. may or may not be subject to Suffolk County Health Department , Article VI approval . Please check with their agency (548-3327 ) . All lots under 80 ,000 sq . ft . in area and under 175 ft . lot width : 1 . Southold Town Board of Appeals approval ( 765- 1809 ) ; 2 . Southold Town Planning Board approval ( 765- 1938 ) ; 3. Southold Town Building Department , issuance of Certificates of Occupancy (765-1802 ) . ,,5 Southold T 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 March 1 1 , 1986 Mrs . Michael Tsalassianos 28-06 21st Avenue Astoria , NY 11102 Re : Appeal No . 3479 - John P. Sgouros Dear Mrs . Tsalassianos : Pursuant to your recent request , attached is a copy of the set-off map for Mr. Sgouros which was filed with us on February 28 , 1986 . It is our understanding that these lots are known as Subdivision. Lots #22 and #23"were approved by the Planning Board September 19 , 1963, Subdivision of "Stars Manor . " (Copy of this area as approved is enclosed . ) Yours very truly , Linda F. Kowalski Enclosures P . S . Please send a $1 . 00 check payable to the Southold Town Clerk in payment .of the photocopies requested (4 x 25�) . Thank you . 1 DATE : TO WHOM IT MAY CONCERN : I wish to disclose the following statement in the event the property in question should be pending a real estate activity with Celic Estate Agents , Inc . , who holds my conditional salesperson ' s license : I .have no interest whatsoever in the sale of this property and am not a part, of any other pending real estate activity ' of a business or professional nature which might be a conflict with my secretarial duties as Stenographer/Secretary of the Board of Appeals of the Town of Southold . Linda Kowalski r-1�41L h 'Q� � f t � w 1 _-5�_n.ti_�ti art:_�9'r___�•�__: 1, IS, (V"I �� l.. _ N- 78'3ei 30..E. — f 2C1. �;:'i itL,,�s PLL a4N To tZI t`rf I,A[ OF LAND 0, U Cl PA IN AT 1 M 4 E�\ST MAZI0 � �!3 �±. # w ? 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( iCc•,r_'• iR w,L$1k84 iE3"a8'�r1:9rEGh:Ind j to. ivrs es tt;a landing irwl- not taaanzaram �� _.r_ :fP, ( •-i �'�� !' �' 'G'1 � SY � ��1.MI sir I r; i ..-,. ,;e: '� r Y 1 - ..-�.....L....._ —.✓� _..._._�,._._.�.� .-w. , 1 A a 4..S4„ ;.5►?a' s �.� !h t::, . Y.t4`r�ji r� �f 5 r=�d r=t L,. 5 h S ?"� .J .. I c ;. .,.., c^_,;4.::tE.n�u s;.E.>.a�EaE,yEYEt �7'---� C J! 3= r C I"{5 — — 1