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HomeMy WebLinkAbout2947 TOWN OF SOUTHOLD, NEW YOKK DATE ....4./.~.~.~2. ACTION OF THE ZONING BOAI~D OF APPEALS Appe=' No. 2947 by application Dated February 3, 1982 Filed February 4, 1982 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Gary Flanner Olsen, Esq. as attorney for Mr. and Mrs. Anastasios Parianos at a meeting of the Zonin~ Board of Appeals on March 19, was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special excel~tion ur, der the Zoning Ordinance (X]~ Request for a variance to the Zoning Ordinance Art. I I I · ( ) 1982 the appeal Sec. 100-30 and Bulk Schedule /ranted ( ) be denied pursuant to Artkle .................... Section .................... Subsect~n .................... para/ra~ .................... of the ~ding ~din~ce and ~e dec~en of the Building I~peetor ( ) be reve~ed ( ) be ~~ Application of Anastasios and Anna Parianos, 43-21 Astoria Blvd., Long Island City, NY 11105, (by Gary Flanner Olsen, Esq.) for a Variance to the Zoning Ordinance, Article III, Sections 100-30 and Bulk Schedule, for permission to reconstruct and locate second dwelling as existed prior to destruction by fire with insufficient yard area(s) at the southwesterly corner of Peconic Bay Boulevard and Sigsbee Road, Laurel, NY; more particularly known as Lot 108A on Amended Map of Mattituck Park Properties· Inc., Map No. 801; County Tax Map Parcel No. 1000-126-5-13. (SEE REVERSE SIDE) 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (wou/d not) produce hardship because practical difficulties or (SEE REVERSE SIDE) (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because (SEE REVERSE SIDE) (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) charge the character of the district because (SEE REVERSE SIDE) (would not) and therefore, it was further determined that the requested variance ( ) be /rented ( ) be denied and that thee previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed, lk FO RECEIVED AND FILED By THE SOUTI{OLD TOWN C~f ZONING BOARD OF APPEALS By this appeal, applicants seek permission to reconstruct and relocate a one-family, one-and one-half story frame dwelling in the same previous location as the prior dwelling which was recently destroyed by fire. Upon inspection of the premises, the board finds that to the southwest corner of the parcel is a small accessory building which applicants state has been used as a family cottage. Applicants have submitted an affidavit of Alma M. Granger that the accessory building was prior to 1946 a garage, which was converted some time in 1946 into a cottage containing a bath, kitchen, bedroom and livingroom. The affidavit also affirms that at or prior to 1943 the premises contained a one-family house in addition to the garage. In considering this appeal, the board determines that the variance request is not substantial; that the circumstances herein are unique and the practical difficulties have been shown; that by allowing the variance no substantial detriment to adjoining properties would be created; that the difficulty cannot be obviated by a method, feasible to appellants, other than a variance; that no adverse effects will be produced on available governmental facilities of any increased population; that the relief requested will be in harmony with and promnte the general purposes of zoning; and that the interests of justice will be served by allowing the variance. On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to approve the application of Anastasios and Anna Parianos, Appeal No. 2947 for permission to reconstruct and locate second dwelling as existed prior to destruction by fire, with insufficient yard area as shown on survey for Anastasios Parianos dated March 5, 1980 and SUBJECT TO THE FOLLOWING CONDITION: That the accessory structure not be rented independently of the main structure and be used only by family members and guests. Location of Property: Lot 108A on "Amended Map of Property of Mattituck Park Properties, Inc.," located at the corner of Peconic Bay Boulevard and Sigsbee Road, Laurel, NY; County Tax Map Parcel No. 1000-126-5-13. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen was absent.) :APPROVED - Ch~irma~B~rd ef Appeals- NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, a Regular Meeting and the following public hearings will be held by the Southold Town Board of Appeals at the Town Hall, Main Road, Southold, NY on Friday, February 26, 1982 commencing at 7:30 and as follows: 7:30 p.m. Application of Clara Prout, 107 Greenacres Avenue, White Plains, NY 10606, for a Variance to the Zoning Ordinance, Article III, Section 100-31, for permission to construct deck addition to dwelling with an insufficient rearyard setback at 465 Private Road #3 (off Pine Neck Road), Southold, NY; bounded north by Jockey Creek; west by Dyer; south by Norris; east by Shecter; County Tax Map Parcel No. 1000-70-6-16. 04e7:40 p.m. Application of Anastasio_~s and Ann_~a Pariano__~s, 21 Astoria Blvd., Long Island City, NY 11105, (by Gary Flanner n, Esq.) for a Variance to the Zoning Ordinance, Article III, Sections 100-30 and Bulk Schedule, for permission to reconstruct and locate second dwelling as existed prior to destruction by fire twith insufficient yard area(s) at the southwesterly corner of Peconic Bay Boulevard and Sigsbee Road, Laurel, NY; more parti- cularly known as Lot 108A on Amended Map of Mattituck Park Proper- Cies, Inc., Map No. 801; County Tax Map Parcel No. 1000-126-5-13. 7:50 p.m. Application of Dimitrios Pavlidis, by Garrett A. Strang, Box 1412, Southold, NY, for a Variance to the Zgning Ordi- nance, Article III, Section 100-31 for permission to construct one-family dwelling with an insufficient rearyard setback at 790 Hickory Avenue, Southold, NY; bounded northwest by Williams; west by Hickory Avenue; southeast by Carrol; east by Dow; County Tax Map Parcel No. 1000-54-6-6. 7:55 p.m. Application of Barney Monticello, Basin Road, Southold, NY (by William B. Smith) for a Variance to the Zoning Ordinance, Article III, Sections 100-30 and 100-35 for permission to construct tennis court on a corner lot, described as Lot 6 on Map of Paradise Point, Map No. 3761; County Tax Map Parcel No. 1000-81-1-12. 8:05 p.m. Application of Mr. and Mrs. James Multins, Box 882, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addition to dwelling with reduced frontyard area off Sunset Lane. Location of Property: Corner of Sunset Lane and West Lane, Southold, NY; bounded north by Dickerson; west by Sunset Lane; south by West Lane; east by Mullins; County Tax Map Parcel No. 1000-88-6-6. 8:10 p.m. Application of Jay P. and M. Joanne Davis-Slotkin, (by Abigail A. Wickham, Esq., Main Road, Mattituck, NY) for a rehearing of Appeal No. 2932 for permission to establish profes- Southold f Appeals Meeting for ruary 26, 1982 sional medical offices on premises zoned "A" Residential and Agricultural, varying the zoning ordinance, Article III, Sec- tion 100-30. Location of Property: 50 Ackerly Pond Road (a/k/a 49725 Main Road), Southold, NY; bounded north by John- son; west by Baker and Stoutenburgh; south by Ackerly Pond Road; east by Main Road; County Tax Map Parcel No. 1000-70-5-4. 8:30 p.m. Application of Nicholas D. Yuelys, 56005 County Road 48, Greenport, NY for a rehearing of Appeal No. 2886, for a variance to the zoning ordinance, Article III, Section 100-32 for permission to construct accessory building in the frontyard area at 56005 C.R. 48, Greenport, NY; bounded north by L.I. Sound; west by Chudan; south by C.R. 48; east by Atwan. County Tax Map Parcel No. 1000-44-1-19. 8:40 p.m. Recessed Hearing of Appeal No. 2944, application of Barbara Kujawski to conduct real estate branch office on premises zoned "A" Residential known as 125 Sound Avenue, Matti- tuck, NY. DATED: February 4, 1982. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN By Linda Kowalski, Secretary Instructions to newspapers: Please publish once, to wit, Thursday, February 18, 1982 and forward 7 affidavits of publication to: Board of Appeals, Main Road, Southold, NY 11971 on or before February 24th. (765-1809 Linda) Copies have been forward on 2/11/82 to the following: Suffolk Times L.I. Traveler-Watchman Ms. Clara Prout, 107 Greenacres Ave., White Plains, NY 10606 Mr. Thomas Reed as agent for Ms. Prout, Pine Neck Road, Southold. Gary Flanner Olsen, Esq., Main Road, Mattituck, NY 11952 Mr. and Mrs. A. Parianos, 43-21 Astoria Blvd, L.I.C., NY 11105 Mr. Garre%t A. Strang as agent for Pavlidis, Box 1412, Southold. Mr. William B. Smith as agent for Monticello, Main Road, Southold. Mr. Barney Monticello, Basin Road, Southold. Mr. and Mrs. James Mullins, 444 East 20th St., NY, NY 10009 Mr. and Mrs. James Mullins, 1715 Sunset Lane, Southold. Abigail A. Wickham, Esq. for Davis-Slotkin, Main Road, Mattituck. Dr. and Mrs. Jay P. Slotkin, Box 950, Cutchogue, NY 11935. Nicholas D. Yuelys, Esq., 6159 Broadway, Bronx, NY 10471 RECEIVED TOWN OF SOUTHOLD, NEW YORK FEB ~ ~" APPEAL FROM DECISION OF BUILDING INSPECTOR Town Clerk Southold ^PPEA, No. 4 DATE ....2.L3./.82 ............. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Anna Parianos X~i(We) ...Ana~t~s. Lo.~..L:~r~.~p..o., ..................... of ~.3~.~.]:~A.s..t'.~..r.~.a.~.~...~y~.d.~..L.~.C~[..t'z~.e..'w.~.Y. ork Name of Appellant Street and Number .................................................................................................. ..~..e...w.....~..°.?...k....HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ..................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO Anna 1~ rianos .... 6. p~.~..t,a.~, t.q .s.....~...r.t.~ ?..~. ................................... Name of Applicant for permit of ,...¢3.z 2..t...A~.~pr.t..a...tt..o.u.,!e.:~.a.r.d. ........... .Lp..n.g..I.s..t..a...n..d....C..i..t~. ....... ~,e.,w....y..o...r..k. ..... Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (X) Building Permit Suffolk County 1. LOCATION OF THE PROPERTY ..ZZZ0..$j,g~b.e.c.3.o.~.c],..,~..~..z:.e.~,...[.e.~...y..q~.k.. .................... Street Use District on Zoning Map ...!.0..0.O. .............. ~.:~.fi .......................... ~. ................... .5. .......... Mop No. Section Lot No. Block No, Mattituck Park Property - Ma~ No. 801. Lot No. 108A 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article IlL Section 100-30 and Bulk Schedule 3. TYPE OF APPEAL Appeal is made herewith for (~) A VARIANCE to the Zoning Ordinance or Zoning Map ( ~D 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 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 and was 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 applicai~&s'; seek., ~o reconstruct a house, which was destroyed by fire as shown on the survey of Roderick Van Tuyl, w.hich is made :part of this application. (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because applicants one and a half story frame house was destroyed by fire and applicants seek to reconstruct same in the old location, as shown on the Van Tuyl survey, dated March 5, 1980. A variance is required due to the fadt that there is a small one story frame house in the southwest corner of the property, which was pre-existing. Also due to the fact that the property is a corner parcel, a yard area variance is required. Both structures were pre-existing and the applicants simply seek to rebuild the main house in its original location, The small cottage would be used as an accessory building to the main house. 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 applicants main dwelling on the subject premises was destroyed by fire and applicants seek to reconstruct same in the old location. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because applicants simply seek to reconstruct a house, which was destroyed by fire and had existed for many years. The character of the neighborhood would not be changed, since applicants seek to re-build what was existing on the premises for many years. Anna Pari~. A nas ta~io~ Pariano~ ) ss .a. ................................... COUNTY OF SUFFOLK) / Signature Sworn to this ............. ~r.d. .......................... day of......F.~..~r.~,~ry. ............................... 1982 ............................... F._C~,.Sb.~.~S W I N 1,4Ae,,,P~P"Z ¥°ltl'Notary Public I~ry pub~.ic $~a~e a4 N No. 52.9703725 Suffolk ~ C~omm. Expires M~rch 30, FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Street Ham/at County Tax Map No. 1000 Section / ~' ~ Block . .~. .... Lot ./. ~ ..... ... /%~'TTITU:r~ ~A-~ ~' . ............. ~tNo .................. Subd~s~on ................. ed Map No... ~ 0 ~ [ ~ ~ ~ is ~tumed he.with and disapproved on the follow~g ~o~ds ........ ~L ~. ...................... { ~LLI ~ ~ ...... f ~ ~ X ~ File No ................................ ...% .... ......................... ~. ........... ~ ~ ~ ~ PLEASE TAKE NOTICE that your application dated ........................... 19 ..... fo, p~it to ~on~t~t.. ~..~ ~~' .. ,t . /c~,~ ~_)~'~' '~'~' ~,~'~"~'~ ........ ~'~,'< ~ ~cauon of ~o~erty ~ ~d' R ~.~... ~.~ ~...C~.4.5 ............... ~.~%. ~,~ ~ ~ RV 1~80 Building Inspector HOSIN6 Zor ti ~ ~ : I~o- .f-If FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTNOLD, N.Y. 11971 TEL.: 765-11302 Examined ................ , 19 ... Approved ................. 19... Permit No ............ Application No .............. (Building Inspector) APPLICATION FOR BUILDING PERMIT Date ~'.~...,g,.q ......... V. INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted in triplicate to the Bull Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot l~'lan showing location of lot and of buildings on premises, relationship to adjoining premises or public st or areas, and giving a detailed description of layout of property must be drawn oil the diagram which is part of this a cation. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon apprc':al of this application, tile Building Inspector will issue a Building Permit to the.applicant. Such pe sball be kept on tbe premises available for inspection throughout tire work. e. No buildiag shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occup: sball have been granted by the Buiiding Inspector. APPLICATION 1S HEREBY ?,lADE to the Btdlding Department for the issuance ora Building Permit pursuant t¢ ~uild!ng Zone. Ordinance of the Town 'of Southold, Suffolk County New York, and other applicable Laws, Ordinanc, egmations, for t ~e construction of buildings, additions or alterations, or for removal or demolition, as herein descri The applicant agrees to comply with nil applicable laws, ordinances, building code, housing code, and regulations, an admit authorized inspectors on premises and in buildings for necessary inspections. .... ...... (Signature of ~pplicant, or name, if a corporation) State whether applicant is~, lessee, (Mailing address of applicant) agent, architect, engineer, general contractor, electrician, plumber or buiI N,'um: of owner ofprcllllSCS . .t. . (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... tr.'h.../c....~-e..~w~..' ...... Plumber's Licens2 N,'~. o:. ~ .............. Electrician's License No.' .~'?..../~.O. 79~.. ...... Other Trade's License No. ?' ~ 1. Location of lantirn which proposed work will be done.. ~2~{~. (~. ~g¢~g(~ ...... . ..... ...... 5 ......... .......... Subdivision ~t/* ~tS,.a~:c FiledMnp No. ~ ~ Lot 2. State existing use and occupancy of premises and i~¢nded usc a~ occupancy of proposed construction: · ~ b. lntendeduse~doccupancy ..~ ...... ~...~ .... ..-,~.. ..-- '~ ' ~_ ~ I. Nature of work (check which applicable): New Building ],,A'. ........ Addition .......... Alteration ..... "... R.,.a.r .............. Removal ............. Demolition ... Other Work ............. -7 (Description) Est, d C alt -~ F (to be paid on filing this application) ;. If dwelling, number of dwelling units ..... ~..~'(-........ Number of dwelling units on each floor .............. If garage, number of cars ..... ~ ............................................................... i. If business, commercial or mixed occupancy, specify &ature and extent of each type of use ................... t. Dimensions of existing structures, if any: Front ' Rear .............. Depth ............. H igt ' f St e it ............... Nt lnber o ones ...................................................... Dimensions of same structure with alterations or additions: Front ................. Rear ................ Depth ...................... Height ................. ' . Number of Stories .................... I. Dimensions of entire new construction: Front ............... Rear ......... Depth Height Number of Stories L Sizeoflot: Front ............. '.. ......... Rear ...................... Depth ). Date 6f Purchase ............................. ?.lame of Fora, ct Owner ........................... I. Zone or use district in which premises are situated : ) Does proposed construction violate any zoning law, ordiaance or regulation: .............................. L ~,ill lot be reo. a&d ...... ;;·.,. ..... ,. :..,... ~ .... Wfl, exce~s fill be removed from prem~s: Yes ddre, ........ ."..*. ....... hone No .............. ~).-~. ....................... Address ................... Phone No ...... J': ( PLOT DIAG RAM roperty hnes. Give street and blocl:: number or description according to deed, and show ~terior or corner lot. Ix!fie- ' , g7 ?5. cobalt ~q7L''-' Locate clearly and distinctly all buildings, whether existing or proposed, and. indicate all set-back dhnensions fro street names and indicate whorl- rATE OF NEW YORK.,',.. jp..._ S S o~¥ py..~,¥/.,...,,,,/~, ~.~/.,?.. .... ..?~ : ...... z .'~.'.'.: .f.¥/J, df;7-&~ ..... : .... being duly sworn, deposes and says that he is the applic?. (Name of indMdual signing contract) >ore named. e is the .... .ef'./Z..~"....,7-,..~¢,~. (Contractor, agent, corporate officer, etc.) f said owner or owners, m~d is duly authorized to perform or trove performed thc said work and to m~e and file ~plication; fl~at all statements contained in this application are true to the best of his knowledge and belief; and that orkw~l be performed ~n th ~annerset rth m t ~e ,, · ' ' ' ' :~ ~ : application filed ti erewith. worn to before me this ~ ,] / . ............ ......... ,/ . ~ ~o. s~-2~,oo ..... I/~. I:.'A. ~ .................... ~~ Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SI3UTHr'ILD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE OOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI April 9, 1982 Gary Flanner 01sen, Esq. Main Road Mattituck, NY 11952 Mr. and Mrs. Anastasios Parianos 43-21 Astoria Boulevard Long Island City, NY 11105 Dear Sir or Madam: Attached herewith is a copy of the formal findings and determination recently rendered 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 approval of any new construction, or for a certificate of occupancy of the premises, as may be applicable. If you have any questions, please do not hesitate to call either our office or that of the building inspector at 765-1802. Yours very truly, Enclosure Copy of Decision to Building Department GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski, Secretary Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SDUTHOLD, L.I., N.Y. TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J, DOUGLASS JOSEPH H. SAWlCKI April 1, 1982 Gary Flanner Olsen, Esq. Main Road Mattituck, NY 11952 Mr. and Mrs. Anastasios Parianos 43-21 Astoria Boulevard Long Island City, NY 11105 Re: Appeal No. 2947 Gentlemen and Mrs. Parianos: This letter will confirm that the following action was taken by the Board of Appeals at a Regular Meeting held on March 19, 1982 concerning the above-entitled appeal: RESOLVED, to approve the application of Anastasios and Anna Parianos, Appeal No. 2947 for permission to recon- struct and locate second dwelling as existed prior to des- truction by fire, with insufficient yard area as shown on survey for Anastasios Parianos dated March 5, 1980 and SUBJECT TO THE FOLLOWING CONDITION: That the accessory structure not be rented independently of the main structure and be used only by family members and guests. An official determination will be forthcoming under separate cover. If you have any questions, please do not hesitate to call our office. Yours very truly, GERARD P. GOEHRINGER, CHAIRMAN By Linda Kowalski, Secretary Southold Town Boar~Sf Appeals -17- ~arch 19, 1982 (Appeal No. 2954, Thomas H. Witschi, M.D., continued:) MR. CHAIRMAN: You're very welcome, Doctor. DR. WITSCHI: I'm here if there are any questions. MR. CHAIRMAN: Not right at the moment. Let's see what develops. Is there anybody else that would like to speak in behalf of this application? No one in behalf? Does anybody wish to speak against the application? (None) Does any member of the board have any discussion with Dr. Witschi? (None) Hearing no further testimony in either case, I'll make a motion closing the hearing and reserving decision until a later date. And thank you for coming in, Doctor. On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to close the hearing and reserve decision until a later date in the matter of the application of Thomas H. Witschi, M.D., Appeal No. 2954. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,.~ Douglass and Sawicki. (Member Doyen was absent.) On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to recess for approximately ten minutes. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen was absent.) /' RECESSED PUBLIC HEARING: Appeal No. 2947. Application of Anastasios and Anna Parianos, 43-21 Astoria Blvd, Long Island C~ty, NY 11105, (by Gary Flanner Olsen, Esq.) for a Variance to / th? Zoning Ordinance, Article III, Sections 100-30 and Bulk / ~chedule, for permission to reconstruct and locate second dwell-/ ing as existed prior to destruction by fire with insufficient yard area(s) at the southwesterly corner of Peconic Bay Boulevard~ and Sigsbee Road, Laurel, NY; more particularly known as Lot 108A on Amended Map of Mattituck Park Properties, Inc., Map No./ 801; County Tax Map Parcel No. 1000-126-5-13. The Chairman reconvened the hearing at 8:47 p.m. This hearing was recessed from the last regular meeting of this / board, to wit, February 26, 1982. . MR. CHAIRMAN: Mr. Olsen, would you like to say something in behalf of Mr. and Mrs. Parianos? Southold ~own Boarlf Appeals -18- March 19, 1982 (Appeal No. 2947 - A. Parianos, continued:) GARY FLANNER OLSEN, ESQ.: At the last meeting that was held on February 26th, it was requested by the board that further information be provided concerning the history of the remaining cottage that's on the property, as you are aware that previously there were two structures on the property, the main house and the cottage. The main house was destroyed by fire and the applicant is now seeking to reconstruct the main house. I was able to obtain a statement from the prior owner, who is Alma M. Granger, who's now living up in New Hampshire as to the history of the cottage, and she indicates that the small cottage that's still there had originally been a garage and was converted to a cottage with a bath, kitchen, bedroom and living room sometime around 1946. She goes into more specifics in the affidavit and I'll submit this as part of the record. (Mr. Olsen submitted a two-page affidavit signed by Alma M. Granger and notarized on the 6th day of March, 1982.) MR. CHAIRMAN: Thank you. MR. OLSEN: As I've stated at the last meeting, Mr. and Mrs. Parianos are not seeking to have two separate dwellings on the property. They are willing to have the board impose a restriction that the present cottage be utilized strictly as an accessory guest house. Said cottage would be clearly incidental and subor- dinate to the main, principal house which the applicants seek to rebuild. We recognize that the property was zoned for single-family use only; however, it is not to be overlooked that the small cottage is an existing structure which was built prior to the enactment of the zoning ordinance and accordingly, a proper balance must be maintained between the purpose of the zoning ordinance and limiting the area of the single-family usage only, and the rights of the individual owner. As the board is aware, when Mr. and Mrs. Parianos purchased the subject property, it contained the main house as well as the cottage. By agreeing to the imposition of the aforementioned restriction, the character of the neighborhood would be maintained and the net result would be to limit the use of the property by only one family. The applicants understand that by limiting the existing cottage as an accessory building, subordinate to the main house, that it could not be rented to a separate family that I know will be a concern of the board. I also spoke this morning with Roy Reynolds of the Health Department. Last time when we had the last hearing I spoke to Mr. Brigham, who is not in change of the file but because Mr. Reynolds was away but he is now back, and he indicated that he could not foresee any difficulty to obtaining the necessary Health Department permits to rebuild the main house once the Zoning Board of Appeals has approved the issuance of the Building Permit for the reconstruction of the main house. If there are any questions that you may have, I would be happy to answer them. Southold Town Boar f Appeals -19- rch 19, 1982 (Appeal No. 2947 - A. Parianos, continued:) MR. CHAIRMAN: Thank you. Any questions from the board? (None) Does anybody else wish to speak in behalf of the appli- cation? Anyone wishing to speak against the application? (None) Hearing no further comments on either side, I'll make a motion closing the hearing and reserving decision until a later date. On motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, matter of the No. 2947. to close the hearing and reserve decision in the application of Anastasios and Anna Parianos, Appeal Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen was absent. PUBLIC HEARING: Appeal No. 2953. Application of Harvey Bag- Shaw, Inc., in care of Philip J. Ofrias, Jr., Esq., 737 Roanoke Avenue, Riverhead, NY for a Variance to the Zoning Ordinance, Article VII, Section 100-71 for approval of the construction of additions at the east and west sides of existing building with insufficient setbacks and insufficient total yard areas at 7255 Main Road, Laurel, NY; County Tax Map Parcel No. 1000-122-6-34. The Chairman opened the hearing at 8:51 p.m. and read the legal notice of hearing in its entirety and appeal application. MR. CHAIRMAN: We have a copy of the County Tax Map and we have a copy of a survey which dates back to January 14th, 1980 showing this property and the surrounding properties. Is there anybody that would like to speak in behalf of this application? Mr. Ofrias. PHILIP J. OFRIAS, JR., ESQ.: I would indicate that since the application was filed, Mr. Bagshaw has been in contact with Briarcliff, and has entered into a arrangement with them what would be permanent landscaping around the entire building GARY FLANNER OLS£[~ COUNSELLOR AT [.AW AFFIDAVIT STATE OF NEW HAMPSHIRE) SS: COUNTY OF HAVERHILL ) Alma~ Granger, being duly sworn, deposes and states as follows: (1) That I am the surviving spouse of WilliamS. Granger, who was the former owner of Lot #108A, Map of property of Mattituck Park Properties, Inc., Mattituck, New York. (2) That my husband purchased said property on November 3, 1943, from Francis J. NIcMahon. (3) That at the time of the purchase, the property contained a house and a detached garage. (4) That sometime in 1946, my husband converted the garage into a cottage containing a bath, a kitchen, a bedroom and living room. (5) That over the years the cottage ~vas used by my daughter and thereafter my husband and I lived in the cottage and my son and his family lived in the main house until we sold the property to Mr. and Mrs. Par~n~s in October of 19 7 3. (6) That Istill hold a mortgage on the property, which has an approximate GARY FLANNER OLSEN COUNSELLOR AT LAW balance of $18,000.00. Swo~m to before me this da~r of March, 1982o No ta~'~y P6blic ' X~ma 1~ Granger TO Anasta~ios Parianos 43-21 Astoria Blvd. Queens~' New Ygrk 1110~ Property Location S/O Peconic Bay Boulevard W/O Si~sbee Rd. Mattituck (T) Southolq FROM Ge~~ S.erv_ice? Unit ~nt of Health Services ' Division of Public Health Suffolk County Center Riverhead, New York 11901 H. D. REFERENCE NO. 17-~-~4 The surveys for your proposed sewage disposal and water supoly systems have been reviewed, and the following will be required prior to further processing of the app- lication for approval to construct. PLEASE RETURN THIS FORM WITH ANY RESUBMISSION. I. PRELIMINARY APPROVALS-OTHER AGENCIES. [~N.Y.S. Dept. of Env. Conservation ~Town "Wetlands" Lette6 '"IS.u.D.H.S. Vector Control III. SURVEY DATE REQUIRED. [-'lTest boring and location ['-~Corner elevations ~"lProposed house location [~]Surrounding property - vacant or improved (within radius of 100') F--l Indicate any surface water within 300' of plot I--'tOther V. OWNERSHIP OF PROPERTY I"'lProof of single & separate prior to Jan. 1, 1970 (acceptable by deed IF dated prior to Jan. 1, 1970 for specific lot) '-'~Overlay map by surveyor of total contiguous property as of Jan. 1, 1970 II. INFORMATION REOUIRED ON SURVEYS Three prints of survey required Name, address, phone no. required Statement signed by applicant S. C. Tax Map identification req'd. Indicate square footage of lot IV. WATER SUPPLY '-'l Public water availability letter ~ Distance to nearest public water main ~ Indicate source of domestic water of adjacent dwellings _K'"lTest well required on your lot VI. APPLICATION FEE $ ~II. RE,~L~R KS ~k~ Submit ,oprnv~l hy ~nl~fhnld Tnwn Znning Rn~rd fnr fwn hnl~qP~ CC:Southold Town Zoninq Boord FOR DEPARTMENT USE ONLY: Date Received Notiffed By ~Mail By CONSULT YOUR LAWYER ORE SIGNING THIS INSTRUMENT--THIS INSTR~NT SHOULD BE USED BY I. AW'YIRS ONLy. NOTE: FIRE LO.,K~F_~. This form of contract contains no express provision as to risk of loss by fire or other casualty before delivery of the deed. Unless express provision is made. the provisions of Section 5-131 I of the General Obligations .Law will apply. Thi~ section also places risk of loss upon purc~r possession is transf~,,red prior to closing. THIS AGli£1:MENT, made the /'~ day of Y.~ ~"..ineteen hundred and sevent -ti:tree BETWEEN t - ~ Y WILLIAM H. W. GRANGEIg, residing at (no number) Peconl¢ l~y Boulev&rd0 Mattituck, New York, hereinafter described as the seller, and ~ PAR./ANOS and ANNA PARIANOS° his wife, both residing at ? hereinafter described as the purchaser. ~/vrrNF..$~F_..TH, that the seller agrees to sell and convey, and the purchaser agrees to purchase, all that certain plot, piece or parcel of land. with the buildings and improvements thereon erected, situate, lying and beinggiall~ at ~¢lattituoks tn the Town of Southold, County of ~uffolk and State of New York. known and designated as and by the Lot Number 10SA on a certain m~p entitled Amended "Map of Property of Mattituck Park Properties, Inc., Mattituck, N.Y. made by Daniel R. Young, Surveyor, and which ~aid map is on file office of the Clerk of the County of Suffolk. _/~/~/4~-~ t~"~'~( ,~ 'r~ETHE~ with the r~ht to said party of the second part a~ t~ successors and assigns of the party of the second part to use ~ common with the other owners of lots shown on said map, the tract shown o~ said map as Slgsbee Park for park pu~oses, under such condition, limi~t~ 2estrlctions as Mattituck Park Properties, ~c, may lm~se, Such ~e be such as tn the u~estricted judgment of said Mattituck Park Profiles, ~c. w~ not ~ea~onably interfere with the use and enjoyment of said Stgabee ' Park by the other owners of lots on said map. / I. This sale includes all right, title and interest, if any, of the seller in and to any land lying in the bed of any street, road or avenue opened or proposed, in front of or adjoining said premsses, to the center line thereof, and all right, title and interest of the seller in and to any award made or to be made in lieu thereof and in and to any unpaid award for damage to said ~remises by reason of change of grade of any street; and the seller will execute and deliver to the purchaser, on closing of title, or thereafter, on demand, all proper instruments for the conveyance of such title and the assignment and collection of any such award. 12. The price is · (.o. ooo. ............ 18' * ? f iows: ~O.0~RTY FIVB HUNDRI~D ($4, 500.00) ................ '~' ......... .... "i:~llars, on the s...~ing of this contrant, by check subject to collection, the~e~cgitJ~of whj~0 i~.~.e, by acknowledged; lrl~"rB~-N THOUSAND FIVE, IIUNDRED ($1~, 500.00) ................... 'Dbllars, in cash or good 6ertified check to the order of the seller on the delivery of the deed as hereinafter provided; Dollars, by taking title subject to a mortgage now a lien on said premises in that amount, bearing interest at the rate of per cent per annum, the principal being due and payable TTffENTY IrlVI~.TF!OUSAND ($25, O~ot}. 00) ............................ O~lars, by the purchaser or assigns executinff~ acknowledging and ~ebvering to the seller a bond or, at the option of ~e ~[ler, ~ no ured b a p as y [[r~t rt t e ' ' a a ~ ~ m~nt is side it should be applied [ir~t towards t~ psyment of interest ~ t~ ~[. ~ reduction of principal. ~ pure.sera have the right of p~payment at ~ tim W[t~MI ~. together with interest at the rate of ~r cent ~r annum payable 3. Any bond or note and ~nortgage to be given hereunder shall be drawn on the standard forms of New York Board of Title Underwriters for mortgages of like lien; and shall be drawn by tl~,.~or~-.y ~e~.he seller at the expense of the purchaser, who shall also pay the mortgage recording tax and recording fees, ~ 4. If such purchase money mortgage is to be a subordinate mortgage on the premises it shall provide that it shall be shbject and subordinate to the lien of the existing mortgage of $ . . any extensions thereof and to any mortgage or consolidated mortgage which may be placed on the premises in lieu thereof, and to any extensions thereof provided (al that the interest rate thereof shall not be greater than per cent per annum~ that, if the principal amount thereof shall exceed the amount of principal owing and unpaid on said existing the time of placing such new mortgage ~r consolidated mortgage, the excess be 'paid to the holder o'f such purchase money mortgage in reduction of the principal thereof. Such purchase money mortgage shall also provide that such payl}lent to the holder thereof shall not alter or i/ffect the regular installments, if any, of principal payable thereunder and shall further provide that the holder thereof will, on demand and without charge therefor, execute, acknowledge and deliit~r ~any !agree- ment or agreements further to effectuate such subordination. : r 5. If there be a mortgage on the premises the seller agrees to deliver to the purchaser at the time of delivery of the deeds proper certificate executed and acknowledged by the holder of such mortgage and in form for recording, certifying as to the amount of the unpaid principal and interest thereon, date of maturity thereof and rate of interest thereon, and the seller shall Paythe fees for recording such certificate. Should the mortgagee be a bank or other institution as defined in Section 274-a, Real Property Law, the mortgagee may, it~ lieu of the said certificate, furnish a letter signed by a duly authorized ofll:ieer,,oz em- ployee, or agent, containing the information required to be set forth in said certificate. Seller represents that ssich mortgage will not be in default at or as a result of the delivery of the deed hereunder and that neither said mortgage, nor any r~0dification thereof contains any provision to accelerate payment, or to change any of the other terms or provisions thereof by reason delivery of the deed hereunder. , " 6. Said premises are sold and are to he conveyed subject to: a. Zoning regulations and ordinances of the city. town or village in which the premises lie which are not violated by existing structures. h. Consents by the seller or any former owner of premises for the erection of any structure or structures on, unde~ or above any street or streets on which said premises may abut. c. Encroachments of stoops, areas, cellar steps, trim and cornices, if any. upon any street or highway. d. An3, let or facts an acc~iFate suF3rey may show, provided title is not rembl*ed ~amm-ketsble. e. Covenants. easements and restrictions or record, ir any, provided not violated by existing structures. 7. All notes or notices of violations of law or municipal ordinances, orders or requirements noted in or issued by the Depart- taunts of Housing and Buildings,. Fire, Labor, Health, or other State or Municipal Department having jurisdicfiog, apjneL~ or affecting the premises at the date hereof, shall be complied with by the seller and the premises Shall be conWOOd'Tree the same, and this provision of this contract shall survive delivery of the deed hereunder, The seller shall furnish the purchaser with an authorization to make the necessary searches therefor. ,~ .: 8. All obligations affecting the psemises incurred under the Emergency Repairs provisions of the Administrative Code of the City of New York (Sections 564-18.0, etc,) prior to the delivery of the deed shall be paid and discharged by the seller upon the delivery of the deed. This provision shall survive the delivery of the deed. 9. If. at the time of the delivery of the deed, the premises or any part thereof shall be or shall have been affected by an assess- sent or assessments whlch are or may become payable in aonua[ installments, of which the first installment is then a charge or lien, or has been paid, then for the purposes of this contract all the unpaid installments of any such assessment, including: those which are to become due and payable after the delivery of the deed, shall be deemed to be due and payabl~ and to be liens upon the premises affected thereby and shall be paid and discharged by the seller, upon the delivery 10. The following are to be apportioned: (al Rents as and when collected. (b) Interest on mortgages, (c) Premiums on existing transferable intllr.~igce or renewals of those expiring prior' to the closing. (d) Taxes and sewer rents, if any, on the basis of the:l~[~l yan~ for which assessed. (el Water charges on the basis of the calendar year. (fl Fuel, if any. L, isn Dec. let, I. If the closing of the title shall occur before the tax rate is fixed, the apportionment of taxes shall be upon the basis of the tax rate for the next precedio~ar applied to the latest assessed valuation. 12. If there be a water meter'~tsr tbe'~' premises, the seller shall furnish a reading ~date not more than thirty days prior to the time herein set for closing title, and the unfixed meter charge and the unfixed sewer rent, if any, based thereon for the intervening time shall be apportioned on the basis of such last reading. 13. The deed shall be the usual i" Proper statnto short form~l~e~'la~a~l~tu~t~ec~r~6~o~l~O g~Y ~t~'purchaser the fee simple of the said premises, free of all encumbrances, except as herein stated, and shall contain the covenant required by subdivision 5 of Section 13 of the Lien Law. If the seller is a corporation, it will deliver to the purchaser at the time of the delivery of the deed hereunder a resolution of its Board of Directors authorizing the sale and delivery of the deed, and a certificate by the Secretary or Assistant Secretary of the corporation certifying such resolution and setting forth facts showing that the conveyance is in conformity with the requirements of Section 909 of the Business Corporation Law. The deed in such case shall contain a recital sufficient to establish compliance with said section. 14. At the closing of the title the seller shall deliver to the purchaser a certified check to the order of the recording otficer of the county in which the deed is to be recorded for the amount of the documentary stamps to be affixed thereto in accordance with Article 31 of the Tax Law, and a certified check to the order of the appropriate county officer for any other tax payable by reason of the delivery of the deed, and a return, if any be required, duly signed and sworn to by the seller; and the also agrees to sign and swear to the return and to cause the check and the return to be delivered to the appro- officer promptly after the closing of title. 15. In addition, the seller shall at the same time deliver to the purchaser a certified check to the order of the Finance Admin- istrator for the amount of the Real Property Transfer Tax imposed by 'Fitle II of Chapter 46 of the Administrative Code of the City of New York and will also deliver to the purchaser the return required by the said statute and the regulations issued to the authority thereof, duly signed and sworn to by the seller; the purchaser agrees to sign and swear to the return and to cause the check and the return to be delivered to the City Register promptly after the closing of the title. 16. The seller shall give and the purchaser shall accept a title such as . . a Member of the New York B~lr o1~~, es~{l~l~ ~[l~e. tlltlSi.~IlmS in ~l,fi'folk ~o, nd ..... i t. ,~-u sums para on accounl or t~s contract, and the reasonable expenses of the examination of the title to said premises and of the survey, if any, made in connection therewith are hereby made liens on said premises, but such liens shall not continue after default by the purchaser under this contract. 18. All fixtures and articles of personal property attached or appurtenant to or used in connection with said premises are repre- sented to be owned by the seller, free from all liens and encumbrances except as herein stated, and are included in this sale; without limiting the generality of the foregoing, such fixtures and arti~es of personal property include plumbing, heating, lighting and cooking fixtures, air conditioning fixtures and units;2~nges,~refrigerators, radio and television aerials, bathroom and kitchen cabinets, mantels, door mirrors, venetian blinds, shades, screens, awnings, storm windows, window boxes, storm doors, mail boxes, weather vanes, flagpoles, pumps, shrubbery and outdoor statuary. 19. The amount of any unpaid taxes, assessments, water charges and sewer rents which the seller is obligated to pay and dis- charge, with the interest and penalties thereon to a date not less than two business days after the date of closing title, may at the option of the seller be allowed to the purchaser out of the balance of the purchase price, provided official bills therefor with interest and penalties thereon figured to said date are furnished by the seller at the closing. 20~ If at the date of closing there may be any other liens or encumbrances which the seller is obligated to pay and discharge, the seller may use any portion of the balance of the purchase price to satisfy the same. provided the seller shall simultaneously either deliver to the purchaser at the closing of title instruments in recordable form and sufficient to satisfy such liens and en- cumbrances of record together with the cost of recording or filing said instruments; or, provided that the seller has made arrangements with the title company employed by the purchaser in advance of closing, seller will deposit with said company sufficient monies, acceptable to and required by it to insure obtaining and the recording of such satisfactions and the issuance of title insurance to the purchaser either free of any such liens and encumbrances, or with insurance against enfu~:ement of same out of the insured premises. The purchaser, if request is made within a reasonable time prior to the date of closing of tide, agrees to provide at the closing separate certified checks as requested, aggregating the amount of the balance of the purchase price, to facilitate the satisfaction of any such liens or encumbrances. The existence of any such taxes or other liens :ind encumbrances shall not be deemed objections to title if the seller shall comply with the foregoing requirements. 21. If a search of the title discloses judgments, bankruptcies or other returns against other persons having names the same as or similar to that of the seller, the seller will on request deliver to the purchaser an affidavit showing that such judgments, hank- ruptcles or other returns are not against the seller. 22. In the event that the seller is unable to convey title in accordance with the terms of this contract, the sole liability of the seller will be to refund to the purchaser the amount paid on account of the purchase price and to pay the net cost of examining the title, which cost is not to exceed the charges fixed by the New York Board of Title Underwriters, and the net cost of any survey made in connection therewith incurred by the purchaser, and upon such refund and payment being made this contract shall be considered canceled. 2~'. The deed shall be delivered upon the receipt of said payments at the office of ~ary Fl~nn~r Olsen. E~q. s .~lsin ito&d, :~lattituck, New York~aton or sbOUtol~[~c~l~/,~ from the dill O~f9 Contract. 24. The parties agree that is the broker who Dro~ight si)out this sale and I~ ~[~a~es to pay any commission earned thereby. 25. It is understood and agreed that all understandings and agreements heretofore had between the parties hereto are merge~ in this contract, which alone fully and complete]y expresses their agreement, and that the same is entered into after full investl- gation, neither party relying upon any statement or representation, not embodied in this contract, made by the other. ~ purchaser has inspected the buildings standing on said premises and is thoroughly acquainted with their condition and a~rees to take title "as is*' and in their present condition and subject to reasonable use. wear, tear, and natural deterioration between the date thereof and the closing of title. 26. This agreement may not De changed or terminated orally. The stipu]atinas aforesaid are to apply to and hind the heirs, executors, administrators, successors and assigns of the respective parties. 27. ff two or more persons constitute either the seller or the purchaser, the word "seller" or the word "purchaser'* shall he construed as if it read "sellers" or "purchasers" whenever the sense of this agreement so requires. IN Vi/TI"NEs~ ~VHF.,REOF, this agreement bas been duly executed by the parties hereto. , LEGAL NOTICE NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Soutbold, a Regular Meeting and the following public hearings will be held by the Southold Town Board of Appeals at the Town Hall, Main Road, Southold, NY on Friday, March 19, 1982, commencing at 7:30 p.m. and as follows: 7:30 p.m. Application of Daniel N. and Carolyn K. Baird, 61 Wellsweep Drive, Madison, CT 06443 for a Variance to the Zoning · ' VII Ordinance,. Article , I' .... Section 100-71 for permission to ~ ~unaea ?o.rth ~b.y Morns and construct deck addition to - ors.; east oy ~narnews and dwelling with an insufficient ors.; south by C.R. 48; west by rear-yard setback at 11 Greenwood Road, Fishers Island, NY; bounded north by Righier; east by F.I. Ferry District; south by Gilman; west by Greenwood Road; County Tax Map Parcel No. 1000-12-1-13.1. 7:35 p.m. Application of Fishers Island Development Corp., Fishers Island, NY 06390 (by Richard F. Lark, COUNTY OF SUFFOLK, STATE OF NEW YORK, ~ ss: .... ~..r.o.y. Gus~avson ............................. being duly Sworn, says that ...h.e... ~ is Printer and Publisher of the SUFFOLK Mudd and ano.; County Tax Map Parcel No. 1000-59-9-part of 30.2; also referred to as Sub- division Lot 2 of N. Aliano Sub- division Filed Map No. 250. 7:55 p.m. Application of St. Peter's Lutheran Church, Main Road, Greenport, NY for a Special Exception to the Zoning Ordinance, Article III, Seclion 100-30C(6)(f) and Article VII, Section 100-70 for Esq.) for a Variance to the permission to erect an off- Zoning Ordinance, Article IV, premises directional/adver- Section 100-41, Bulk Area and { rising sign upon property of F. Parking Schedule for Murphy, 8700 Main Road, permission to divide existing Laurel, NY; County Tax Map · Parcel No. 1000-122-07-006.2. (continuedonnextpage) ! 8:00p.m. ApplicationufPaul and Margaret Radich, 420 ~ West Fourth Avenue, Roselle, iNJ 07203 for permission to convert existing dwelling use to two-family dwelling uso at 51170 Main Road, Southold, NY; bounded north by Jankowski; east by Southold School District; south by Kahr~s; west by Main Road; County Tax Map Parcel No. 1000-70-2-6. 0:10 p.m. Application of Thomas H. Witschi, M.D. by Swim King Pools, Route 25A, Rocky Point, NY 11770 for permission to construct inground swimmingpool in an area other than the rearyard at 7670 Right-of-Way off New Suffolk Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-11fr04~)31. of Anastasios and Anna Parianos for permission to reconstruct and locate second as existed prior to de- struction by fire. Peconic Ba Boulevard and Si~sbee Read, aure]; County-Tax Map( areel No. 1000-126-5-13. 8:26 p.m. Application of Harvey Bagshaw Inc., in care of Philip J. Ofrias, Jr., Esq., 737 RoanoRe Avenue, Riverhead, NY for a Variance to the Zoning Ordinance, Article VII, Section 100-71 for approval of the construction of additions at the east and west sides of the existing building with insufficient setbacks and insufficient total yard areas at 7255 Main Road, Laurel, NY; County Tax Map Parcel No. 0:40 p.m. Application of Jay P. and M. Joanne-Davis Slolkin, by Abigail A. Wickham, Esq., Main Road, Mattituck, NY for a rehearing of Appeal No. 2932 for permission to establish multiple professional medical offices on p~emises zoned "A" Residential and Agricultural varying the zoning ordinance Article III, Section 100-30 Location uf Property: 5 Ackerly Pond Road (a/k/; 49725 Main Road), Southold NY; bounded north b Johnson; west by Baker an; Stoutenburgh; south Ackerly Pond Road; east b! Main Road; County Tax Mai Parcel No. 1000-70-54. " Dated: February 26,1982. BY ORDER Ol THE SOUTHOLD TOW~ BOARD OF APPEAL~ GERARD P. GOEHRINGER CHAIRMAi~ By Linda Kowalski Secretac ITMli-3899 NOTICE NOTICE IS HEREBY GIV- EN, pursuant to Section 267 of the Town Law and the Provi- sions of the Amended Code of the Town of Southold, a Regular Meeting and lhe following public hearings will be held by the Southold Town Board of Appeals at the Town Hall, Main Road, Southold, N.Y. on Friday, March 19, 1982 commencing at 7:30 p.m. : and as follows: 8:10 p.m. Application of Thomas H. Witschi, M.D. by Swim King Pools, Route 25A,d ~- Rocky Point, N.Y. 11778 for/ permission to construct in- ground swimmingpool in an area other than the rearyard at 7670 Right-of-Way off New Suffolk Avenue, Mattituck, N.Y.; County Tax Map Parcel No. f000-116-04-031. ,~"'~:i'5 p.m. Recessed Hearing~ of Anastasios and Anna Pari. anco for permission to recon- struct and locate second dwell- Lng as existed prior to destruc- tion by fire. Peconic Bay Boulevard and Sigsbee Road, Laurel; County Tax Map Par- ~,,~_No. 1000-126.5.1~ ~:zv p.m. Application of Harvey Bagshaw Inc., in care of Philip .l. Ofrias, Jr., Esq., 737 Roanoke Avenue, River-,., h.ead, N.Y. for a Variance to the Zoning Ordinance, Article VII, Section 100-71 for approv- al of the construction of additions at the east and west sides of the existing building with insufficient setbacks and insufficient total yard areas at 7255 Main Road, Laurel, N.Y.; County Tax Map Parcel No. 1000-122-6-34. 8:40 p.m. Application of Jay P. and M. Joanne-Davis Slot- .kin, by Abigail A. Wickham, Esq., Main Road, MaRituck, N.Y. for a rehearing of Appeal No. 2932 for permission to establish multiple professional medical offices on premises zoned "A' Residential and, t~ Agricultural, varying the zon- ing ordinance, Article Ill, Section 100-30. Location of Property: 50 Ackerly Pond Road (a/k/a 49725 Main Road), Southold, N.Y.; bound- ed north by Johnson; west by Baker and Stoutenburgh; soothy by Ackerly Pond Road;., 'east by Main Road; ~ounty Tax Map Parcel No. 1000-70- ' 5-4. Dated: February 26, 1982. BY ORDER OF THE SOUTHOLD TOWN BOARD COUNTY OF SUFFOLK STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is o printed copy, laos been published in said Long Island Traveler-Watch- man once each week for .................... ~ .................. weeks successively, commencing on the ........ ?'. ....................... day ,of- ...~z~.. _ ~~,~. ............... 19..c~.~ OF APPEALS / , ' · ~'~'L;~ .GERARD P GOEHRINGER · ;~ ~a:J . CHAIRMAN . Page 2 Legal Notice - Board of Appeals Regular Meeting for March 19, 1982 to construct inground swimmingpool in an area other than the rearyard at 7670 Right-of-Way off New Suffolk Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-116-04-031. 8:15 p.m. Recessed Hearing of Anastasio___~s and Ann_~a Pariano_~s '~ for permission to reconstruct and locate second dwelling as ~ existed prior to destruction by fire. Peconic Bay Boulevard and ~ Sigsbee Road, Laurel; County Tax Map Parcel No. 1000-126-5-13. ~ 8:25 p.m. Application of Harvey .Bagshaw Inc., in care of Philip J. Ofrias, Jr., Esq., 737 Roanoke Avenue, Riverhead, NY for a Variance to the Zoning Ordinance, Article VII, Section 100-71 for approval of the construction of additions at the east and west sides of the existing building with insufficient set- backs and insufficient total yard areas at 7255 Main Road, Laurel, NY; County Tax Map Parcel No. 1000-122-6-34. 8:40 p.m. Application of Jay P. and M. Joanne-Davis Slotkin, by Abigail A. Wickham, Esq., Main Road, Mattituck, NY for a rehearing of Appeal No. 2932 for permission to establish multiple professional medical offices on premises zoned "A" Residential and Agricultural, varying the zoning ordinance, Article III, Section 100-30. Location of Property: 50 Ackerly Pond Road (a/k/a 49725 Main Road), Southold, NY; bounded north by Johnson; west by Baker and Stoutenburgh; south by Ackerly Pond Road; east by Main Road; County Tax Map Parcel No. 1000-70-5-4. Dated: February 26, 1982. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN By Linda Kowalski, Secretary Instructions to newspapers to print Thursday, March 11, 1982 and forward 8 affidavits of publication (ST) and one by L.I. Traveler. Copies of this Notice forwarded on Monday, March 8 to: Mr. and Mrs. Daniel N. Baird at CT & FI addresses. Richard F. Lark, Esq. for FIDCO and Walter N. Pharr, Jr. Mrs. Pamela Schineller for St. Peter's Lutheran Church Mr. and Mrs. Paul Radich at NJ and Southold addresses. Mrs. Helen Cochran at Mt. Sinai address for M/M Radich. Thomas H. Witschi, M.D. Swim King Pools as agent for Dr. Witschi CMr. and Mrs. A. Parianos ~Gary Flanner Olsen, Esq. for M/M Parianos Philip J. Ofrias, Jr., Esq. for Harvey Bagshaw, Inc. Dr. and Mrs. Jay Slotkin Abigail A. Wickham, Esq. for D/M Slotkin Suffolk Times, Inc. L.I. Traveler-Watchman Town Clerk Bulletin Board posted 3/6/82. Supervisor Town Board members Planning Board Secretary ~ of Ap~s m t~ ~ N.Y. on Ffid~, Feb~ 26, 19~ mmmen~R ~ 7:~ ~d ~ ~Hows: 7~30 p.m. Applic~ion O~a ~ut, 107 ~ena~s Avenue, ~Re ~ains~ N.Y. 1~, ~r a V~ m ~e S~ 1~-31, ~r ~mission to ~n~m~ d~k nddRion to dweH~g ~h ~ ~su~ent re~y~d ~back at 4~ ~vate Road g3 (off ~e ~k Road), ~u~ol0, N.Y.; ~unded no~ by J~key C~k; we~ by Dyer; ~h by No~s; ea~ by Shecter; County Tax Map Parcel No. 1~-70-6-16. ' os, 43-21 A~o~ Blvd., Xsl~d City, N.Y. 111~, (by~ G~ ~ O1~, ~q.) ~r~ a Variance to the Zoning~ ~d~, ~icle m, ~-~ t~ns 1~-~ ~d B~ Sched-~ Ule, ~r ~iss~n to re~n- I / ~m~ ~d locate ~nd dweH- ~g ~ e~ p~r to deduc- tion by ~e with ~su~ent y~d ~en(s) at ~e ~uthwe~- erly ~m~ of Pe~nic Bay ~ev~d and Sigs~ Road, ~ 7'~ pm~ Application of Dimit~os POlid~, by N.Y ~r n- ~a~ance to the ~ion 1~31 ~r ~ission to ~nstm~ one-fam~y ~ell- ~g with ~ insu~cient rear- yard ~bnck ~ ~ ~ckg~ Avenue, Southold. N.Y;; ~unde no~*~west by Wil- liams, w~t by Hicko~ Av- enue; ~uthe~ by Ca~ll; ea~ bye; Co~ty T~-Map P~I No; 1~-6-6. 7:~5 P.m. Application of Bar~ey Monticell~ Basin Road. SouthOld. N.Y. (by William B. Smith) for a V~ce to ~e ~n~g ~- anee, A~icle HI, Se~ions 1~-~ ~d 1~-3~ ~r ~ on a ~ lot, de~d ~ 6 o~ ~ap ~ P~ ~t, Map ~. 376~ T~ M~ P~I No; 1~1~ 12. 8:~ p.m~ APpH~t~n ~ md ~s. ~eSM~s, ~x 882, Southold, N.Y. for COUNTY OF SUFFOLK STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, o public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watch- man once each week for ............... ~ ...................... weeks successively, commencing on the .....N.....~.. ......................... ................. CZ Sworn to before me this ............ ~......~... ........ day of PEGGY $. V~*HITE NOTARY PUBLIC, State of New Yo~ No. 4728113 Qualified in Suffolk County Commission Expires Morch 30, 19~D-- ~[ N~ byDyer;southbyNorris;east 882, Southold, NY for a by Shecter; County Tax Map Zoning Ordinance, Article III, Variance to the Zoning N _O'FICE ~y G~EN, pursuant to Secti6n ~ of lhe Town Law and the Provisions of the Amended Code of the Town of Southold, a Regular Meeting and the following public hearings will be held by the Southold Town Board of Appeals at the Town Hall, Main Road, Southold, NY on Friday, February 26, 1982 commencing at 7:30 and as follows: 7:30 p.m. Application of Clara Prout, 107 Greenacres Avenue, White Plains, NY 1~6, for a Variance to the zonmg Ordinance, Article III, Section 100-31, for permission to construct deck addition to dwelling with an insufficient rearyard setback at 465 Private Road #3 (off Pine Neck Road), Southold, NY; bounded north by Jockey Creek; west P.,~rcel No. 1000-70-6-16. ~'7:40 p.m. Application of / Anastasios and Anna~ Parianns, 43-21 Astoria Blvd.,/ Long Island City, NY 11105, (by Gary F]auner Olsen, Esq. a Variance to the Zoning\ Ordinance, Article III,,} Sections 100-30 and Bulk/' Schedule, for permission to~ reconstruct and locate second] dwelling as existed prior to~ destruction by fire with insufficient yard area(s) at the southwesterly corner of Peconic Bay Boulevard and Sigsbee Road, Laurel, NY; more particularly known as Lot 10~A on Amended Map of Mattituck Park Properties, ~, .Inc., Map No. 801; County Tax ~'~ Map Parcel No. 1000-126-5-13. 7:50 p.m. Application of Dimitrios Pavlidis, by Garrett A. Strung, Box 1412, Southold, NY, for a Variance to the Section 100-31 for permission to construct one-family dwelling with an insufficient rearyard setback at 790 Hickory Avenue, Southold, NY; bounded northwest by Williams; west by Hickory Avenue; southeast by Carroll; east by Dow; County Tax Map Parcel No. 7:55 p.m. Application of Barney Monlicello, Basin Road, Southold, NY (by William B. Smithl for a Variance to the Zoning Ordinance, Article III, Sections 100-30 and 100-35 for permission to construct tennis court on a corner lot, described as Lot 6 on Map of Paradise Point, Map No. 3761; County Tax Map Parcel No. 1000-81-1- 12. 8:05 p.m. Application of Mr. and Mrs. James Mullins, Box Ordinance, Article III, Section 100-31 for permission to construct addition to dwelling with reduced frontyard area off Sunset Lane. Location of Property: Corner of Sunset Lane and West Lane, Southold, NY; bounded north by Dickerson; west by Sunset Lane; south by West Lane; east by Mullins; County Tax Map Parcel No. 1000-88-6-6. 8:15 p.m. Application of Nicholas D. Yuelys, 56005 County Road 48, Greenport, NY for a rehearing of Appeal No. 2886, for a variance to the zoning ordinance, Article III, Section 100-32 for permission to construct accessory building in the frontyard area at 56005 C.R. 48, Greenport, NY; bounded north by L.I. Sound; west by Chudan; south by C.R. 48; east by Atwan. County Tax Sworn to before me this ....... I {18 .t.h. l day of .. l?.e.b.~..u.a.~.y .......... 119/.812..I HELEN K. DE VOE NOTARy PUBLIC, State of NeW York No 4707878. SUffolk Term £xp~res March 30 K JUDITH T. TERRY TOWN CLERK REGISTRAR OI VITAL STATISTICS TELEPHONE (516) 765-1801 Southold, L. I., N. Y. ! 1971 February 4, 1982 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal No. 2947 application of Anastasios & Anna Parianos for a variance. A~so included is notification to adjacent property owners; Short Environmental Assessment Form; Le~r~r~t~ti~e to ~,¥.S. Tid~t Wett~nds Land-Use; Notice of Disapproval from the Building Department; and survey. JTT/bn Enclosures -' SHORT ENVIRONN{ENTAL ASSESSI4ENT FORI4 :,¢ ]NS'TRUCT IONS: .; '-------~ ' In- order to answer the questions in this short EAF it is assumed that the preporer will use. currently ovailoble information concerning the project end the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be significant and o completed Environmental Assessment Farm is necessary. (c) If all questions hove been answered No it is likely that this project is not significant. . ' (dj E~vironmental Assessment ~. W~I project resul'~-in o large physical change to the project site or physically oiler more than 10 acres of land? ........................ Yes X No 2. Will there be a major change to any unique or -unusual land form found on the site? .......... Yes~ X ,No 3. Will project alter or have a large effect on existing body of water? ....................... 4. Will project have a potentially large impact on groundwater quality? ....................... ,Yes, X'NO 5. Will project significantly effect drainage flow on adjacent sites? .............. ~ ......... Yes X Nq 6. Will project affect any threatened or endangered plant or animal species? ........... Yes M No 7. Will project result in o major adverse effect on air quality? ............................... Yes X No 8. Will project have o major effect on visual character of the community or scenic views or, vistas known to:be imporlont to the community? Yes XNo 9. Will project adversely impact any site or .' structure of historic, prehistoric or .. paleontological importance or any site desiDnoted os a critical environmental oreo y? ....... v ".~";.-~ Yes ~ No by o local ogenc ..................... - · 10. Will project have a major e~fect on existihg or future recreational opportunities? ......... Yes. X No 11. Will project result in .major traffic problems o~ cause o major effect to ex,isting transportation systems? ....................... Yes,~ 12. Will project .regularly cause objectionable odors; noise~ glore~ vlbration~ or electrical disturbance o~ o result o~ the project's operation?.. . ' ..... or.safety? .................................... Yes-lf--N° 14. Will project affect the existing community by directly causing a growth in permanent population of more than 5 percent over o one year period or~,~ove o major negative effect on the choro~ter~of the community or _ neighborhood? .... / .................. ~ .......... yes ~..No 15. ISother~ p on~roversy concerning the PREPARER'S SI(j~JJJ~JI~-'~~~ ~--~A-~stas,o~ Par=----Jsno--~-- -- ~""'" b~"~x~//~b~ C~, DATE February 3, 198~ Main Road Matflbck, L L, N,¥. 11952 BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of ANNA AND ANASTASIOS PARIANOS to the Board of Appeals of the Town of Southold TO: GEORGE SPONHEIMER and MARTHA HUSING NOTICE 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) (the following relief: to reconstruct second building on premises and yard area variance. ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: North: Peconic Bay Boulevard; East~ Sigsbee Road; South: George Sponheimer; West: Martha Husing 3. That the property which is the subject of such Petition is located in the following zoning district: Agricultural - Residential 4. That by such Petition, the undersigned will request the following relief: to construct second structure on premises and yard area variance. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are: Ar[inl~ TTT; ,qeetion 100-30. l~ulk Schedule 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 ma)' then and there examine the same during regular office hours. 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 fi~ve'~t~,a~s prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck W~chman~ newspapers published in the Town of Southold and designated for the publication of such notices; tl~t ~ou or ~our representative have the right to appear and be heard at such hearlng. //~ Dated: February3, 1982 . -- / Post Offi(e Address P.O. Box 38 Main Road Mattituck, New York 11952 PROOF OF MAILING OF NOTICF ~r ' ~ NAME George Sponheimer Martha Husin~ ADDRESS 90 Michigan Avenue, Massapequa, New York 11758 Old Main Road, Mattituck, New York 11952 STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: Eleanor Jones , residing at Cardinal Drive. Mattituek, NY , being duly sworn, deposes and says that on the 3~d day of Februarv ,19 82 , 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- rice at ~attit uck (certified) (~. Sworn to I~efo. r~me tl~ / day of /_~/ // ,1~' // / Notary Pd~ic ~ · St~le of Ne ~uali~] ~2' 295~500 w Yo~ lam, Ex-; m Suffolk Coun~ _ ~ re~ March 30,, I~ ; that said Notices were mailed to each of said persons by & Pec. Bay Blvd, Laure~ ~ Rd. & Pec. Bay Blvd. Laur~.