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Home My WebLink About6195 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman http://southoldtown.northfork.net Mailing Address: Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 CEIV ED FINDINGS, DELIBERATIONS AND DETERMINATION $0uthold town MEETING OF SEPTEMBER 4, 2008 ZBA # 6195 - EUGENIA LAMBIRIS Property Location: 235 Captain Kidd Drive, Mattituck Map of Captain Kidd Estates Block 15 Lot 192 CTM PARCEL 1000-106-5-4 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further requirements under SEQRA. The Zoning Board of Appeals held a public hearing on this application on August 21, 2008, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: REQUEST MADE BY APPLICANT: The Applicant-Owner requests a Special Exception under Zoning Code Section 280-13B to establish an Accessory Apartment in this single-family dwelling, with owner-occupancy. PROPERTY FACTS/DESCRIPTION: The property is 12,000 square feet with 100 feet along Captain Kidd Drive. The property is improved with a single-family two-story residence as shown on the October 25, 2006 survey by Joseph A. Ingegno and the May 28, 2008 site plan prepared by Jeffrey T. Butler, P.E. The dwelling has a Certificate of Occupancy of record dated November 15, 2006 under Certificate of Occupancy #Z-31997 for additions and alterations to an existing family dwelling as applied for. There is also a Certificate of Occupancy #Z-7236 for a private one-family dwelling dated September 15, 1976. The applicant resides in the dwelling. FINDINGS OF FACT In considering this application, the Board has reviewed the code requirements set forth pursuant to Article III, Section 280-13B(13) to estabhsh an Accessory Apartment and finds that the applicant complies with the requirements for the reasons noted below: 1. The accessory apartment will be located on the first floor with an area of 994 square feet in conformity as proposed, with 31.4% reserved for the apartment, which Page 2 - September 14, 200~[ ZBA # 6195 - Eugenia Lam]]~[~ (Special Exception) CTM 106-5-4 percentage is less than the code required hmitation of 40% (994 square feet for the apartment and 3161 square feet for the existing floor area for the applicant's dwelling). 2. Ms. Eugenia Lambiris, the apphcant herein, has owned and resided at the property and will continue to occupy the dwelling as a principal (single family) dwelling while the accessory apartment is occupied. 3. The applicant complies with the on-site parking requirements, providing for a total of three (3) parking spaces on site, two for the principal use and one for the Accessory Apartment. 4. The dwelling unit shall comply with the code requirements and as defined in Section 100-13 of the Zoning Code. The applicant confirms the existing hvable space of the dwelling is 4155 square feet for both floors of the single family dwelling. 5. The building plan will retain the existing appearance of a single-family dwelling. REASONS FOR BOARD ACTION DESCRIBED BELOW: Based on the testimony, documentation, and other evidence, the Zoning Board determined the following findings of fact to be true and relevant: 1) The accessory apartment, as applied for, is reasonable in relation to the District in which it is located, adjacent use districts, and nearly adjacent residential uses. 2) This Accessory Apartment shall be in conjunction with the owner's residence in the principal single-family unit, and as proposed, will not prevent the orderly and reasonable use of districts. 3) No evidence has been submitted to show that the safety, health, welfare, comfort convenience, or order of the town would be adversely affected. 4) The special exception is authorized under the Zoning Code through the Zoning Board of Appeals as noted herein, and issuance of a Certificate of Occupancy from the Building Inspector is required by code before an Accessory Apartment may be occupied. 5) No adverse conditions were found after considering items listed under Sections 280- 142 and 280-143 of the Zoning Code. 6) Submission of a Certificate of Compliance or similar document will be necessary for issuance by the Building Inspector certifying that the premises conforms to Chapter 280 of the Zoning Code for an Accessory Apartment use. BOARD RESOLUTION: On motion by Member Oliva, seconded by Member Weisman, it was RESOLVED, to GRANT a Special Exception for an Accessory Apartment, in conjunction with applicant's single-family residence, as applied for, SUBJECT TO THE FOLLOWING CONDITIONS: Page 3 - September 14, 200t ZBA # 6195 - Eugenia Lam~ (Special Exception) CTM 106-5-4 1. Owner shall occupy the dwelhng as her principal single-family residence. 2. There shall be no backing out of vehicles on to the street. 3. A Certificate of Occupancy or written compliance document shall be obtained from the Building Department before occupancy of the Accessory Apartment. 4. All of applicant's fences, flowers, shrubbery, etc. shall be on the applicant's site without encroachments. 5. The fence along the front line shall be moved outside of the Town right-of-way, unless approval by the Town Department of Highways. Vote of the Board: Ayes: Members/C,,~q~h,~,k,(Chairman), Oliva, Simon, and Weisman. This Resolutionw d (4-0 . em owasa ent., ed for Filing ZONING BOARD OF APPEALS TOWN OF SOUTHOLD, NEW YORK Phone (631) 765-1809 (631) 765-9064 ACCESSORY APARTMENT APPLICATION FOR SPECIAL EXCEPTION Application No. Date Files: June 16, 2008 TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK: l (We), Eugenia Lambiris of 235 Captain Kidd Drive~ Mattituck Parcel Location: House No. 235 Street Captain Kidd Drive Hamlet iRECEIVED / Mattituck SCTM 1000 Section 106 Block 05 Lot(s) 04 Lot Size 12,000 sq.t~ .Zone District R-40 hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE, ARTICLE, SECTION, SUBSECTION for the below-described property for the following uses and purposes: as shown on the attached plan drawn to scale. A. Statement of Ownership and Interest: Eugenia Lambiris Drive, Mattituck NY 11952 (House No., Street, Hamlet) identified on the Suffolk County Tax Maps as District 1000, Section 04 ) which is (is not) on a subdivision map (Filed 1/19/49 Estatees "Filed Map No. 1672 ). The above-described property was acquired by the owner on 1998 is (are) the owner(s) of property known and referred to as 235 Captain Kidd 106 , Block 05 , Lot "Map of Captain Kidd B. The applicant alleges that the approval of this exception would be in harmony with the intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefore in said ordinance and would not be detrimental to property or persons in the neighborhood for the following reasons: The accessory apartment is incorporated into the existing house in order to keep the house appearing as a "single family" dwelling. The existing house is too large for Mrs. Lambiris, she wishes to remain in her house and provide a comfortable accessory apartment for rent. C. In addition to meeting the standards prescribed by the zoning ordinance, the following requirements will be met: 1. The accessory apartment will be located only in the principal building. As can be seen from the floor plans, the existing house will easily accommodate the accessory apartment 2. The owner of the existing dwelling will occupy one of the dwelling units as the owner's principal residence. The other dwelling unit which is part of this application shall be leased for year-round occupancy, evidenced by a written lease for a term of one or more years, which will be filed annually. This house is and has been Mrs. Lambiris's principal residence. 3. The existing one-family dwelling shall contain not less than sixteen hundred (1,600) square feet of livable floor area. Jeff Butler, PE. Provides the area calculations: Dwelling: 3,161 sq.ft. Apartment: 994 sq.ft. (31.4% reserved for apartment) (continued on page two) Application for Special Exception Page 2 (continued) 4. The accessory apartment shall contain not less than four hundred fifty (450) square feet of livable floor area. Accessory apartment will contain 994 sq.ft (more than the minimum required) 5. The accessory apartment shall not exceed forty (40%) percent of livable floor area of the existing dwelling unit. The accessory apartment is 31.4% 6. A minimum of three off-street (on-site) parking spaces shall be provided as shown on the a~ached plan. Three parking spaces are provided see page 1 of 1 site plan. 7. Not more than one (1) accessory apartment will be on this parcel. One accessory apartment is provided. 8. The accessory apartment will meet the requirements ora dwelling unit as defmed in Section 100-13 of the Zoning Code. The dwelling was built in 1976 and renovated throughout the years. 9. The exterior entry to the accessory apartment has not changed the existing exterior appearance of a one- family dwelling. The entrance is the original entrance of the house and the accessory apartment has not changed the look of the house. The accessory apartment provides separate legal access to the second floor. This access ensures fire safety and privacy. 10. All exterior alterations to the existing building, except for access to the apartment, is made on the existing foundation as shown on the attached plans. The house needed renovations, the owner started in 2005 and completed the renovations in 2006. The accessory apartment does not require any alterations to the exterior. 11. I understand that the Certificate of Occupancy will terminate upon the transfer of title or upon the owner ceasing to occupy one of the dwelling units as the owner's principal residence; and that in the event of the owner's demise, the occupant of the accessory apartment may continue in occupancy until a new owner shall occupy the balance of the dwelling or one (1) year from the date of said demise, whichever shall first occur. 12. This conversion shall be subject to inspection of the Building Inspector and Renewal of Certificate of Occupancy annually. 13. The existing building which is converted to permit this accessory apartment has been in existence and has a valid Certificate of Occupancy issued prior to January 1, 1984, and attached hereto. (CO from 1976 and renovations completed 2006) 14. The existing building, together with this accessory apartment, shall comply with all other requirements of Chapter 100 of the Town Code of the Town of Southold. 15. This conversion for the accessory apamnent shall comply with all other rules and regulations of the New York State Construction Code and other applicable codes. D. The property which is the subject of this application is zoned r-40 and [ ] has not changed since the issuance of the Certificate of Occupancy attached. [X ] has changed or received additional building permits, and Certificates of Occupancy for these changes are attached or will be furnished. Application for Special Exception Page 2 (continued) 4. The accessory apartment shall contain not less than four hundred fifty (450) square livable floor area. 5. The accessory apartment shall not exceed forty (40%) percent of livable floor existing dwelling unit. 6. A minimum of three off-street (on-site) parking spaces shall be, attached plan. 7. Not more than one (1) accessory apartment will be on this parcel. 8. The accessory apartment will meet the requirements of a dwelling 100-13 of the Zoning Code. 9. The exterior entry of a one-family dwelling. 10. All exterio the existing foundation as shown on the attached 11. 12. 13. 14. 15. the owner ceasing to occupy one of the dwelling u that in the event of the owner's demise. in occupancy until a new owner shall occupy the date of said demise, defined in Section exterior appearance to the apartment, is made on lpon as the owners principal residence; and partment may continue year from Certificate of Occupancy annually. The existing building existence and has a attached hereto. The existin requirements of Chapter 1' apartment has been in 1984, and accessory apartment, shall comply with all other Town Code of the Town of Southold. ~ with all other roles and regulations of t onstruction Code and other applicable codes. D. The property which is the ~ject of this application is zoned and [ ] has not changed sin~ the issuance of the Certificate of Occupancy attached. [ ] has changed or re~ived additional building permits, and Certificates of Occupancy for these changes are attached br will be furnished. COUNTY OF SUFFOLK) STATE OF NEW YORK) SS.2 (Signature) Sworn to before me this o~O'~' day of ]]~_ PATRICIA C. MOORE Note~y Public, State of New York S .k Cou., - ,o. Commission Expires June 16, Office Location: ,Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 1 [971 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 768-18{)9 Fax (631) 768-9064 QUESTIONNAIRE Accessory Apartment or Bed and Bre'akfa~t with Owner-Occupanc~ Names of Individuals or Par~ies Having an Interest in the Subj'ect Premises and a description of their Interests: RECEIVED IONING BOARD OF APPEAL8 Name of the Applicant(s) and his/her Residence: Na~es of Current Residents/Occupants of the Subject Premises: Curren~ Occupants are: (please check one or more boxes) Tenants with Written Lease Tenants without Written Lease Current Owner Contract Vendees Proposed Occupants/Residents under the S~bject Application Residents NOTE: By not checking one or more of the above, it is assumed that the c%Lrrent Occupants are not tenants with&written or without a written lease, are not current owners, ~ure.not contract vendees, are not proposed Occupants/Residents under the Subject Application,' a/%d/cr have a different residence. Is the subject premises listed on the real estate market for s.~e or bein~own to pro'spective buyers? (' } Yes FOB, M NO. · TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Clerk's Office Southold, N. Y. Certificnte Occupnncy RECEIVED ZONINe BOARp OF APPEALS THIS CERTIFIES that the building located at .C..apt Kidd Drive Street Est. ........................ Map No.C.a~.t. ;..K.i.d..d. Block No ........... Lot No..192. M~ttituck E.¥. ~ r.e_q_u~'_r_e~men~ts for one fami.l.y dwelling & Housinz code conforms substantially to me built certificate of occupancy dated ...b..ef.o.r.e...A.p.r...2.~ .... , 19..~.7. pursuant to which~[Kl~EFr~Y~C~To. dated ........... .S.e.l~ .~...1.~.-, 19.~.~.., was issued, and conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is ~ou=~'~' ~-~:~ Private one familyCare.dwelling The certificate is issued to .W..~1~..i.a.m...~. Katherine She~pard O%/ners (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval pre- existing UNDERWRITERS CERTIFICATE No. p. re- existing HOUSE NUMBER ....2.3~ ....... Street .C.ap.t...K.i.d.d.D..r.~.a.y? Ma.t..t.~.t.u. ck. FORM NO. 4 No: Z-31997 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY THIS c~KTIFIES that the building ADDITIONS ALTERATIONS Location of Property: 305 CAPT KIDD DR (ROUSE NO.) (STREET) Co%ulty TaxMap No. 473889 Section 106 Block 5 Lot 4 Subd/vision Filed Map No. __ LOt No. -- RECEIVED IONIN6 ~mOARD Date: 11/15/06 MATTITUCK (HAMLET) conforms substantially to the Application for Building Permit heretofore filed in tb/s office dated SEPTEMBER 29~ 2005 purs,,~-t to which Building Permit No. 31512-Z dated OCTOBER 11~ 2005 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ADDITIONS & ALTERATIONS TO AN EXISTING SINGLE FAMILY DWELLING AS APPLIED FOR. The certificate is issued to EUGENIA LAMBIRIS (OWNER) of the aforesaid building. UU~MOI~K COOI~"~ DEPARTMENT OF HEALTH APPRO~KAL R10-04-0191 RLEC~fRICAL u~KTIFICAT~ NO. 2093304 PLD~ERS ~TIFICATION DA'i'~a3 10/24/06 WILLIAM CREMLER 10/27/06 i0/06/06 Authorized Signature Rev. 1/81 WCB2 CONSULT YOUR LAWYIR B~"I~ SIGNING ,TGflS ~J~YI~ENT--THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. THIS INDF.2qTUR~ made the ~7~ dayof ~v~ ,nlnetccnhundredand ~-~h~ BETWEEN VASILIOS LAMBIRIS, residing at 30-36 69th Street, Jackson Heights, New York party of the firat part, and EUGENIA LAMBIRIS, residing at 30-36 69th Street, Jackson Heights, New York party of the secondpart, wrrN-r.~l-~ that the par~ of the first pa~, in conside~on of Ten Dollars and other v~uable consideration paid by the parl~ of the second part, does hereby g~nt and release unto the party o£ the second l~rt, the heirs or succ~rs and ~signs of the party of the second ~ for~er, ALL that ~rtaln ~ot, piece or pardi of land, wis ~e buil~ngs and imprgVemm~ tl~ erectS, situate, l~ng~nd~ing at Mattituck in the of Suffolk, New York, known and designated as Lot #192, Block 15 on a certain map entitled, "Map of Captain Kidd Estates", and filed in the Office of the Clerk of the County of Suffolk on January 19, 1949 as Map No. 1672. SAID premises also known as 235 Captain Kidd Drive, Mattituck, New York. RECEIVED tONING SOA~;) OF APP~A(J TOGETI-IER ~vith all right, title and interest, if any, of the party of the first part in and to auy streets and roads abutting the above described premises to the center lines thereof; TOGETHER wkh the appurtenances and all the estate and rights of the party of the first part in and to mid premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the fir~ part ~ not done or suffered anything whereby the said 9remises have been encumbered in any way whatever, except as afore_said AND the party of the first part, in compliance with Section 13 of the .Lien Law, covenants that the party of .the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust (und to be applied first for (he purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part oithe total of the ~ame for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNF-.~ WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: VAS ILIOS L~BIRIS ) APPLICANT TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on die part of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessar~ to avoid same. (Last name, first name, middle initial, unless you are applying in the name of someone else o[ other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance Change of Zone Approval of Plat Exemption from Plat or Official Map Other If "Other", name the activi[y: -RECEIVED ZONINQ BOARD OF APPEAL~ Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO X If you answered "YES", complete the balance of this form and date and sign where indicated. Name of person employetl by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP 86'00'50" 100.00' ,0 O.L 0 N 86'00'30" W 114.43' 86'00'30" W ~/O/F JACK STAVRIDIS WARy MOONEY 100.00' ~/o/x MICHAEL R. KRESHON & CONSTANCE KRESHoN N,Y.S. Lic. No. 50467 MAP OF CAPTAIN KIDD ESTA' BLOCK ! 5 FILE No. 1672 FILED JANUARY 19, 1 SITUA TED A T MATTITUCK TOWN OF $OUTHOLD SUFFOLK COUNTY, NEW Y S.C. TAX No. 1000-106-05' SCALE 1"=-20' AUGUST 14, 2008 AREA = 12,000 sq. ff. 0.275 ac. THE EXISTENCE OF RIGHTS OF WAY AND/OR EASEMENTS OF RECORD, IF ANY. NOT SHOWN ARE NOT GUARAN* Nathan Taft Corwi Land Surveyor Title Surveys -- Subdivisions -- Site Plons -- Construction PHONE (631)727-2090 Fox (631)727- OFFICERS LOCATED AT IvlAIUNG ADDRI 322 Roonoke Avenue P.O. Box 19 Riverhead, New York 11901 Riverheed, New York 1 100.00' N 86"00'30" W Z '/00.00' D. ~IV'~TM, N 86'00'30" W 214.45' LOT 192 MAP OF CAPTAIN KIDD ESTATES BLOCK 15 FILE No. 1672 FILED JANUARY 19, 1949 SITUA TED A T MATTITUCK TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-106-05-04 SCALE 1"=20' OCTOBER 27, 2004 DECEMBER i6, 2004 ADDED TEST HOLE OCTOBER 5, 2006 FINAL SURVEY OCTOBER 25, 2006 ADDED WATER LINE "u ~k%]~ -'= ' 'f 'z, ~0':oo ' ~'q: ft. u,,:: -,,,~c~ Joseph A. Ingegn¢ Land Surveyor PHONE (651)727-2090 Fax (631)72/-}? patricia C. Moore Attorney at Law 51020 Main Road Southold, N. Y' 11971i. H Dear Madam, My name is Reverend John Antonopoulos at 270 Ruth Road' .Mattituck, A neighbor to Ms. Eugenia Lambiris at 235 Captain Kidd Drive ~n Mattituck,New York. establish an Accessory Apartment in this single I have no objection to Family dwelling with owner-occupancy at the above address 235 Captain Kidd Drive. Respectively yours Rev ~'tonopoulo May 20, 2008 Eugenia Lambiris 235 Captain Kidd Drive Mattituck, NY 11952 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Dear Ms. Moore: I, Eugenia Lambiris, residing at 235 Captain Kidd Drive, Mattimck, NY hereby authorize you to make any and all applications for my property at 235 Captain Kidd Drive, Mattituck, NY (SCTM #1000-106-05-04) to the Town of S outhold Zoning Board and any other necessary agencies on behalf of me. Very truly yours, Eugenia Lambiris RECEIVED / Town Of Southold P.O Box 1179 Southold, NY 11971 Date: 06/24/08 Transaction(s): 1 I * * * RECEIPT * * * Application Fees Receipt~: 22746 Reference Subtotal 6195 $400.00 Check~: 290 Total Paid: $400.00 Name: Lambiris, Eugenia 235 Captain Kidd Drive Mattituck, NY 11952 Clerk ID: CAROLH Internal ID: 6195 ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 6/23/08 ZBA # NAME OF APPLICANT CHECK # AMOUNT TC D&'r~,~'f~l~' 6195 LAMBIRIS, Eugenia 290 $400.00 ~IUH 2 3 2008 )~U~,iI~,~ I~1 l q[~ffll TOTAL $4oo.oo k Sent via Inter-Office to Town Clerk by: Thank you. PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631 ) 765-4643 June 17, 2008 Southold Town Zoning Board of Appeals Chairman Goehringer and Board Main Road Southold, NY 11971 By Hand Re: Eugenia Lambiris 1000-106-05-4 Accessory ApartmeDt Dear Mr. Goehringer and Board: Enclosed is an application for a Special Permit for an accessory apartment together with the client's check for $400. Also enclosed are complete plans prepared by Mark Schwartz, architect and copies of the certificate ofoccupancy for the house and C.O. for subsequent renovations to the house. If there is anything else you need please do not hesitate to contact me. Thank you for your continued courtesies. yours, Moor~ cc: Mrs. Lambiris APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Mailing Address: Southold Town Hall 53095 Main Road · RO. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 September .JO, 2008 Ms. Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: ZBA # 6195 -Application by Ms. Eugenia Lambiris(Variances) Dear Ms. Moore: Enclosed please fred a copy of the Zoning Board of Appeals determination rendered at the September 4, 2008 Meeting. Please be sure to contact the Building Department for follow-up regarding documents that may be required in the next step of applicable code reviews and building permit application process, and concerning any other agency approval, before commencing construction activities. Thank you. Very truly yours, Linda Kowalski Encl. REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville June 24, 2008 Zoning Appeal No. 6184 Transmitted herewith is Zoning Appeals No. 6195- of Eugenia Lambiris- thc Application to the Southold Town Zoning Board of Appeals Accessory Apartment Application for Special Exception. Also enclosed is the Questionnaire, Applicant Transactional Disclosure Form, Cover Letter from Patricia Moore, Certificate of Occupancy Dated Sept 15, 1976 for One Family Dwelling & House, Certificate of Occupancy Dated November 15, 2006 for Additions Alterations, Copy of Deed Between Vasilios Lambiris & Eugenia Lambiris Dated July 27, 1998, Survey of Property Prepared by Joseph a. Ingegno, Land Surveyor Dated October 25, 2006, Site Plan of House Prepared by Jeffrey T. Butler, P.E., P.C. Dated May 28, 2008, Authorization Letter from Eugenia Lambiris to Patricia Moore to Represent her in this Matter, 4 Pages of Plans of Finished Renovations Prepared by Jeffrey T. Butler, P.E. Revised on May 26, 2008 APPEALS BOARD MEMBERJ~ Gerard P. Goehringer, Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Mailing Address: Southold Town Hall 53095 Main Road ° P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, AUGUST 21, 2008 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 280 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY, AUGUST 21, 2008: 1:05 P.M. EUGENIA LAMBIRIS # 6195. Request for a Special Exception under Section 280-13B to establish an Accessory Apartment in this single-family dwelling, with owner-occupancy. Location of Property: 235 Captain Kidd Drive, Lot #192, Map of Captain Kidd Estates, Block 15, situated at Mattituck; CTM 1000-106-5-4. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please do not hesitate to contact our office at (631) 765-1809, or by emil: Linda. Kowalski~Town. Southold.ny.us. Dated: July 28, 2008. ZONING BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN By Linda Kowalski 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 "/"-/--~---- #8950 /~ STATE OF NEW YORK) ) SS: COUN.'I'Y OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1__ week(s), successively, commencing on the 7th day of August, 2008. Principal Clerk Sworntobeforemethis ~ dayof ~'~ 2008 ~HRiSTINA YOLINSKI NOTARY PUBLIC-STATE OF NEW YORK- NO. 01 -VO6105050 Qualified In Suffolk County My Commission Exptre$ February 28, 2012 10:25a,m, THOMAS~AS~19t .la~ ~ ~:~ , .; . y ........... ~ mg lmpee- men~ Set~fo~~ a~ve.~*'~g~,~ ~'~ .: ~nce~mg a nm~sed ~- · m a Y~ o~er ~an the ~e_re..;.~a ~_' ~ ~W ~ , at t0 Long ~!~d the B~ildinS i~gpect01% 1055 a'm' IO~N w~ 86i ~' Request for a Vafian~ ~der S~0h emed for ~lS;base~on~eBugding~p~&~s ; so~ ~t~ge ~ is non~o~ing~ ~ ~;2~ Noti~ of Disappmvai ~n; co~ti~t~s k ~e~a~ ~wei~ ~e'~qu~d teat yard (or tr6fi~ ~ird) plaid On a di~rent a ~ ~ Harbor Terms, tor's ~ne ~ r nee un,er portioh me~ ~hatsoe.~r, and (2) CTM f 11-5-7.2. ~5 2S~121A, ~,hich,pm~s~n s~t~s: ~ c6~u~ inde~ ~ y, exit tMt su&-b~d~ or us~:(A) S~n6t y sn~ u~on:~e ~t~ve dat~ of ~ ~apter. nor ~ha~ any ektemal ~hd~ inn or part Of a buil~ng shall ~ erected a c6nfofming ae~ no¢c~nformance or dg~gree of nbne~formance 2:45 P.m. MICHAEL ANASAG~S~ & OTlqEt~-g,#6190--Reqaest~ for ~Variauc. 0 feet ~om ~e re~ 1~ line and whi~ req~d r~ yfi~, at 345 ~vai~ Road, be~re'th~ ~n~on of ea~h he~ d~s~ abo~, Fi es are~y~ble for reyiew du~egula~ b~e~ hoam~d GE~D ~ ~E~mGER addition mi;an? new c~ns~fi0n creates a new non- COUNTY OF SUFFOLK Tox Service SOUTHOLD ]000 106 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of EUGENIA LAMBIRIS (Name of Applicant) SCTM Parcel #1000-106-5-4 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF MAILINGS I, BETSY PERKINS, residing at Mattituck, New York, being duly sworn, depose and say that: On the I~ day of August, 2008, I personally mailed at the United States Post Office in Southold, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the ( X ) Assessors, or ( ) County Real Property Office , for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. Sworn to before me this~/-r/-/ day of August, 2008 (N~tary Public) MARGARET C. RUTKOWSKI Notary Public, State of New York No. 4982528 Qualified in Suffolk County Commission Expires June 3, ,~-~ O// PLEASE list, on the back of this Affidavit or on ~eet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. LAMBIRIS NEIGHBOR LIST SCTM: 1000-106-5-4 MICHAEL NICKITAS 15 CENTER STREET OLD GREENWICH CT 06870 SCTM: 1000-106-5-3 JOHN ANTONOPOULOS 22-25 2qm STREET ASTORIA NY 11105 SCTM: 1000-106-5-34 JACK STAVRIDIS 7 GALLATIN DRIVE DIX HILLS NY 11746-7947 SCTM: 1000-106-5-35 WM. APOSTOLIDES 121 STRATFORD AVE GARDEN CITY NY 11530 SCTM: 1000-106-5-5 ARISTIDIS BAZIGOS 196-39 50TM AVE FLUSHING NY 11365 SCTM: 1000-106-3-24 RECEIPT FROM: RECEIPT 71926463 31 lO oo0o 1642 FROM: patJ3cm C Moore Esq. RE: LAMBIRIS ZBA HEARING RECEIPT FROM: RECEIPT 7192 6463 3110 0000 16~36 FROM: RECEIPT 7192646331100000 1673 FROM: SEND TO: MICHAEL NICKITAS 15 CENTER STREET OLD GREENWICH CT 06870 FEES: po~tage 042 TOTAL $ 5.32 POSTMARK OR DATE SEND TO: JOHN ANTONOPOULOS 22-2520TH STREET ASTORIA NY 11105 FEES: Postage 042 TOTAL $ 5.32 POSTMARK OR DATE SEND TO: JACK STAVRIDIS 7 GALLATIN DR~VE DIX HILLS NY 1174~-7947 FEES: Postage 0.42 TOTAL $ 5.32 POSTMARK OR DATE SEND TO: ~ AEOSTOLIDES 121 STRATFORD AVE GARDEN CITY NY 11530 FEES: Postage 042 C effh~ed Fee 270 Return Receipt 220 TOTAL $ 5.32 POSTMARK OR DATE SEND TO: Amsno~s S~Z~GOS 196~39 50TH AVE FLUSHING NY 11365 FEES: Postage 042 C~rd~ed Fee 270 Retum Rsceipt 2 20 TOTAL $ 5.32 POSTMARK OR DATE PATRI~'IA C- MOORE ESQ- $I020 MAIN ROAD SOUTHOLD NY 11971 (Ex~ F,~) [] Yes I CERTIFIED 7192 6463 3110 0000 1635 E~Addressee or []A Received By: (P~ase Print Clearly) Date of Delivery 1. Article IIIIIllllllllltlllMIIllllllllll 3 3110 0000 1635 MICHAEL NICKITAS 15 CENTER STREET OLD GREENWICH CT 06870 PATRICIA C. MOOR~ ESQ. 51020 MAIN ROAD SOUTHOLD NY 11971 Signature: (DAddressee or m~gen0 Re~eiv~ By: (Pleasle Print Clea~y) I 4, Restricted Delivery? I ~'Service Type (Extra Fee) [] YesJ CERTIFIED 2. Article Number 7192 6463 3110 0000 1642 7192 6463 3110 0000 1642 t. Article Addressed To: JOHN ANTONOPOULOS 22-25 29TH STREET ASTORIA NY 11105 PATRICIA C. MOORE ESQ. 51020 MAIN ROAD SOUTHOLD NY 11971 Restricted Delivery? ~.8e~ice ~'ype (Extr~ Fee) [] Yes CERTIFIED 2. AKlcle Number 7192 6463 3110 0000 1710 7192 6463 3110 0000 1710 Article Addressed To: ROBERT M. DALY 35 DRIFTWOOD LANE DARIEN CT 06820 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of EUGENIA LAMBIRIS AFFIDAVIT OF SIGN POSTING Regarding Posting of Sign Upon Applicant's Land Identified as 1000-106-5-4 COUNTY OF SUFFOLK) STATE OF NEW YORK) I, PATRICIA C. MOORE, residing at 370 Terry Lane, Southold New York 11971 being duly sworn/depose and say that: On the(,-/ day of August 2008, I personally placed the Town's official Poster, with the date of hearing and nature of the application noted thereon, securely upon the property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) - facing the street or facing each street or right-of-way entrance*; and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be Thursday, August 21,2008 ~~ ~orn to before me this day of August, 2008 *near the entrance or driveway entrance of the property, as the area most visible to passersby. ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: htlp://southtown.northfork.net July ,~¢, 2008 Re: Town Code Chapter 55 - Public Notices for Thursday, August 21, 2008 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Times Review newspaper. 1) Before August 4th Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to alii owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailinq address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arran.qements were made in either a written statement, or during the hearin.q, provid n.q the returned letter to us as soon as possible; AND not later than Au.q 8th.' Please either mail or deliver to our office your Affidavit of Mailin.q (form enclosed) with parcel numbers, names and addresses noted, and furnish it to our office with the white receipts postmarked by the Post Office. When the green signature cards are returned to you by the Post Office, please mail or deliver them to us before the scheduled hearing. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later AuRust 13st: please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at your property for seven (7) days (or more) until the hearing is held. Securely place the sign on your property facing the street, no more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is available for the additional front yard. Please deliver your Affidavit of PostinR prior to August 20, 2008. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. {PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Encls. NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME LAMBIRIS, EUGENIA #6t95 MAP # 106-5-4 VARIANCE Special Exception REQUEST Accessory Apartment DATE: THURS, AUG. 21, 2008, 1:05 PM If you are interested in this project, you may review the_file(_s,)~poriu°r to the hearing during normal business days between 8 AM_ ZONING BOARD-TOWN OF SOUTHOLD EX.p EXIST. I;~ESlDENC,E Pt~LIC, HATER LOT (~ TO .2~ STORy 5TORy WOOD PLAIPORH ~ EXISTINE, P.E'~I PENOE __ __ --------~ EX. SITE PLAN 20 IO o 20 ~P. APHIC %ALE I I CAPTAIN FRAHE RESIDENCE (6 EX/ST. ~4'xl,6' "i POOL N/)6o00,..~0,, 14 EX. CHAIN LI EXISTIN6, RESIPENC,E PUBLIC 14A'fER 40 60 ~o KIDD S E,6°00'~:2. E HOLE 51.7' I00.00' IOO I" = 20'-O" EXIE~TIN(~ R.E'~IPENGE PUBLIC, I,,IATE P, DRIVE ~ PAV'~T 14 8,%°00-50" 14 214.4~,, (N.'r.5,) SYSTEM, USE 1500 5/4_. SEPTIC TANK. AND fi) ~,' PlA.x~6' PEEP LEAC, HIN¢ R,l~ E,XPANSlON VACANT PJt~.L lc, HATER LOT EXISTIN~ RE~IOENC. E Pt,~LIC, HATER TEST HOLE DATA (TE'ST HOLE DU~ DY PlcDONALD CEOSCIENCE ON DECEMBER I~, 2004) SITE PLAN BAC-...,EP ON OP..I~INAL SURVEY BY, OOT. ~, LOT COVEI~C:::~ LOT AREA = 12/0OO ALLOHABLE LOT = 2~ = 2,~ ~T. = 1~2 = 5~ ~.PT. I~.XISTIN~ LOT = 2~ 5(:~.FT. = I~l.q~ EXISTIN¢ OPF-~TP. EET PAP. K,.IN~ = ~ 5PACE5 (q'xlS' EACH) - RECEIVED ~ON~NC ~OARO OI= APPiEALI PA®E= o'F I 5COPE OF 51.JESMITTAL= CO"IDITION~ ~HO~N ARE FI~D VISIT TO THE ~ROP~T~ ON JBNE A~EA CALCULATIONS: EXISTIN~ FRONT ELEVATION {'NO OHAN~SE~ pROPO[SED-) · JUN ~ ~008 ZONNG BOARD OF A~" ~ ~ RIGHT 51DE ELEVATION X JEFFREY T, E~[JTLER, ~MAP 1 or ~E,,~ ELEVATION Id (NO CN~,N~E8, PROPOSe) , FINAL LEFT 51PE ELEVATION REVIEWED BY ZB~ , ...... 2or4 52' 5" 24' 9" EZI~TII'4G E~I~,T[N~ 13~ 6" ~A~1E ROohl TW3052 EXI6TING 1STUDY T~3052-2 9' 8" 7' 6" 33' 3" 52' 5" FI~.ST FLOOR PLAN LIVING AREA = 1~,O"[ 5~, FT. INTI~CONNECT PER ONE PER FLOOR qAL MAP EVIEWED BY E,E DECISlOI LEGEND EXI~,TIN, G~ 2X4 U,JALL pf~OPO~ED AP '"I~TP1ENT ENGINEER= JEFFREY T, ~L~TLEI~, P.E. 2' O" 23~ 8" 2' O" 24' 9" I [ m I ~ ~ EXI~TIN~ EXISTING I = I ~ I ~ , ' I FINAL MAP ~.o,, ~ ~,e, ~ ~ ~,o.. ,, n. ]o,, ,. ~,o,, ~ ]'4" ~ ~4,~. REVlEWEG BY ZBA