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HomeMy WebLinkAbout4248 FOL/( APPEALS BOARD MEMBERS Southold Town Hall Gerard P. Goehringer, Chai co MC rman cc t" 53095 Main Road Serge Doyen, Jr. W_ 41V P.O. Box 1179 James Dinizio, Jr. Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD CORRECTED ACTION OF THE BOARD OF APPEALS Appl. No. 4098 and No. 4248. Upon Applications of TONY AND MARIA KOSTOULAS. Location of Property: 1035 Aquaview Avenue, East Marion, NY; Colunty Tax Map Parcel No. 1000-21-2-13. This property is nonconforming as to total lot area in this R-40 Zone District. Appl. No. 4098 - This is a request for a variance under Article XXIII, Section 100-239.4 for approval of a deck extension located within 100 feet of the bluff of the Long Island Sound. Appl. No. 4248 - This is a request for variance under Article IIIA, Section 100-30A.3 for approval of a deck addition with insufficient side yard setbacks. WHEREAS, a public hearing was held on June 8, 1994 under Appeal No. 4248, and held on May 7, 1992, June 4, 1992, November 9, 1992, December 3, 1992 and June 8, 1992 under Appeal No. 4098,' at which times all persons who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. REQUESTS. By this application, the appellants are requesting the following variances: a) request for above-ground deck construction which is located within 100 feet of the top of the bluff along the Long Island Sound; and b) request for above-ground deck construction which is located with a one-foot insufficient side yard setback Page 2 - Appl. No. 4248 and 4098 Matter of TONY & MARIA KOSTOULAS Decision Rendered June 24, 1994 from the westerly side property line; (c) the easterly side yard is proposed to comply with the elevation and setback requirements of the code for walks and entrance ways and is subject to further inspection and review by the Building Inspector. 2. BASIS OF APPEAL. By Notice of Disapproval dated March 2, 1992, the Building Inspector, disapproved an application for a building permit for the deck construction, as exists, due to its location within 100 feet of the Long Island Sound bluff and due to the need of other agency approvals (Town Trustees and N.Y.S. Department of Environmental Conservation). By a second, updated Notice of Disapproval dated May 20, 1994, the Building Inspector disapproved an amended application for a building permit for the deck construction, as exists, due to not only its location within 100 feet of the Long Island Sound bluff but also for an insufficient side yard setback. 3. CODE REQUIREMENTS. The Articles and Sections of the Code cited in the Building Inspector's Notices of Disapproval are Article XXIII, Section 100-239.A and Article IIIA, Section 100-30A.3, which provide as follows: Article XXIII, Section 100-239.4A of the Zoning Code requires all buildings and structures located on lots upon which there exists a bluff or bank landward of the shore or beach shall be set back not less than one hundred (100) feet from the top of such bluff or bank. Article IIIA, Section 100-30A.3 of the Zoning Code requires the principal setbacks to be not closer to the side property lines than that established, or not closer than 10 and 15 ft. side yards for properties containing less than 20,000 sq. ft. in total lot area, whichever is less. 4. PROPERTY DATA. The premises in question is a described parcel of land situated north along Aquaview Drive, East Marion, and is improved with a single-family dwelling structure as more particularly shown on the June 17, 1991 survey prepared November 15, 1990, updated December 19, 1991, by William R. Simmons, Jr., Land Surveyor. The parcel has a frontage along Aquaview Avenue of 60 feet and frontage along the highwater mark of the Long Island Sound of 43+- feet. The average depth of the parcel is 220+- feet. The dwelling, as exists, is shown to be set back at 42 feet from the front property line (excluding of step area). The side yard setback of the dwelling scales out to be 9.2+- at the east side yard and at 11+- feet at the west side yard. The brick walks within the side yards are not elevated above ground. When Page 3 - Appl. No. 424 and 4098 • Matter of TONY & MARIA KOSTOULAS Decision Rendered June 24, 1994 elevated, further variances would be required. Level walks are not included, if at ground level, in the setback calculations. 5. HISTORY OF EXISTING CONSTRUCTION. Prior to February 1992, the deck which is the subject of this appeal and disapproved building permit was constructed without any agency approvals. On April 10, 1991, the time when a previous variance for different relief (porch addition) under Appeal No. 4008, the subject deck did not exist. The difficulties claimed by appellants in this application are self-created. 6. It is personal knowledge, and through town records, that this bluff area is subject to erosion, and in the past the bluff areas in this vicinity have been damaged. Erosion of this nature has lead to the enactment of the Coastal Zone Management Law (Ch. 37) of the Town mandated by the State and Federal Government for properties fronting along the Long Island Sound. 7. EFFECTS OF RELIEF REQUESTED. It is the position of the Board that: (a) the deck area extending to the platform at the top of the bluff stairs does not and will not have a foundation area which disturbs the natural ground underneath or around the construction; in fact, the deck area helps to preserve the natural land area over which it is placed; (b) the setback requested to the platform at the top of the bluff is substantial in relation to the requirements, being a variance of 100% of the requirements; (c) the grant of the entire relief will not alter the essential character of the neighborhood since many of the neighboring parcels are improved with buildings similar to the subject parcel; (d) it is personal knowledge, and through town records, that this bluff area is subject to erosion, and in the past the bluff areas in this vicinity have been damaged - leading to the enactment of the Coastal Zone Management Law (Ch. 37) of the Town, as mandated by the State and Federal Government for properties fronting along the Long Island Sound; this construction is subject to review and approval by the Southold Town Trustees under Ch. 37; (e) due to the size of the property, there is limited available land area for an open, unroofed deck. (f) the alternative for appellants to pursue is to remove the deck construction entirely, which the appellants feel is not feasible; Page 4 - Appl. No. 4248 and 4098 • Matter of TONY & MARIA KOSTOULAS Decision Rendered June 24, 1994 (g) the difficulties claimed are uniquely related to the property and are not personal in. nature; (h) the relief, as requested, will not in turn have an adverse effect or impact on the physical and environmental conditions in the neighborhood and district since the open, unroofed deck, without a foundation, will help to prevent erosion in this area; (i) in view of all the above, the interests of justice will be served by granting the specific relief requested, and noted above. Accordingly, on motion by Member Dinizio, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the relief requested and as noticed in this application SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the dimensions of the open deck shall not exceed that shown on the sketch submitted, prepared by Timothy Coffey Nursery dated 6/94 with variables of 22 feet in width at the north end where the platform is connected, running thence south 10 feet, thence west nine feet, then six feet south, thence eight feet northeast on an angle, thence south eight feet to the rear step area of the house, extending along the rear area of the house 32 feet in width, thence extending north four feet, nine feet west, to the point of beginning, at the existing platform at the top of the bluff; 2. Erosion control measures must be taken when removing the existing deck areas to conform with the modified diagram; 3. The easterly side yard area shall not be reduced for the raised deck or dwelling construction (except as may be permitted for minimal steps and level brick walks); 4. Existing landscaping must remain; 5. Further viewing and acceptance by a representative of the Board of Appeals is required prior to the issuance of a Certificate of Occupancy. Vote of the Board: Ayes: Messrs. Dinizio, Wilton, and Goehringer. (Members Doyen and Villa were absent.) This resolution was duly adopted. s s t i'GERARD P. tKIEHRI ER, C IRMAN Corrected to reflect variabl distances, as underlined above, taken from sketch prepared by landscaper of 6/94. APPEALS BOARD MEMBERS ~~o~~SpFF~~KcoGy~2 Southold Town Hall Gerard P. Goehringer, Chairman H at 53095 Main Road Serge Doyen, Jr. 0 P.O. Box 1179 71 James A. Villa Jr. ~,hol ~a0~ Southold, Fax (516) 765-1823 Robert Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS Appl. No. 4098 and No. 4248. Upon Applications of TONY AND MARIA KOSTOULAS. Location of Property: 1035 Aquaview Avenue, East Marion, NY; County Tax Map Parcel No. 1000-21-2-13. This property is nonconforming as to total lot area in this R-40 Zone District. Appl. No. 4098 - This is a request for a variance under Article XXIII, Section 100-239.4 for approval of a deck extension located within 100 feet of the bluff of the Long Island Sound. Appl. No. 4248 - This is a request for variance under Article IIIA, Section 100-30A.3 for approval of a deck addition with insufficient side yard setbacks. WHEREAS, a public hearing was held on June 8, 1994 under Appeal No. 4248, and held on May 7, 1992, June 4, 1992, November 9, 1992, December 3, 1992 and June 8, 1992 under Appeal No. 4098, at which times all persons who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. REQUESTS. By this application, the appellants are requesting the following variances: a) request for above-ground deck construction which is located within 100 feet of the top of the bluff along the Long Island Sound; and b) request for above-ground deck construction which is located with a one-foot insufficient side yard setback Page 2 - Appl. No. 4248 and 4098 Matter of TONY & MARIA KOSTOULAS Decision Rendered June 24, 1994 from the westerly side property line; (c) the easterly side yard is proposed to comply with the elevation and setback requirements of the code for walks and entrance ways and is subject to further inspection and review by the Building Inspector. 2. BASIS OF APPEAL. By Notice of Disapproval dated March 2, 1992, the Building Inspector disapproved an application for a building permit for the deck construction, as exists, due to its location within 100 feet of the Long Island Sound bluff and due to the need of other agency approvals (Town Trustees and N.Y.S. Department of Environmental Conservation). By a second, updated Notice of Disapproval dated May 20, 1994, the Building Inspector disapproved an amended application for a building permit for the deck construction, as exists, due to not only its location within 100 feet of the Long Island Sound bluff but also for an insufficient side yard setback. 3. CODE REQUIREMENTS. The Articles and Sections of the Code cited in the Building Inspector's Notices of Disapproval are Article XXIII, Section 100-239.A and Article IIIA, Section 100-30A.3, which provide as follows: Article XXIII, Section 100-239.4A of the Zoning Code requires all buildings and structures located on lots upon which there exists a bluff or bank landward of the shore or beach shall be set back not less than one hundred (100) feet from the top of such bluff or bank. Article IIIA, Section 100-30A.3 of the Zoning Code requires the principal setbacks to be not closer to the side property lines than that established, or not closer than 10 and 15 ft. side yards for properties containing less than 20,000 sq. ft. in total lot area, whichever is less. 4. PROPERTY DATA. The premises in question is a described parcel of land situated north along Aquaview Drive, East Marion, and is improved with a single-family dwelling structure as more particularly shown on the June 17, 1991 survey prepared November 15, 1990, updated December 19, 1991, by William R. Simmons, Jr., Land Surveyor. The parcel has a frontage along Aquaview Avenue of 60 feet and frontage along the highwater mark of the Long Island Sound of 43+- feet. The average depth of the parcel is 220+- feet. The dwelling, as exists, is shown to be set back at 42 feet from the front property line (excluding of step area). The side yard setback of the dwelling scales out to be 9.2+- at the east side yard and at ll+- feet at the west side yard. The brick walks within the side yards are not elevated above ground. When Page 3 - Appl. No. 4248 and 4098 Matter of TONY & MARIA KOSTOULAS Decision Rendered June 24, 1994 elevated, further variances would be required. Level walks are not included, if at ground level, in the setback calculations. 5. HISTORY OF EXISTING CONSTRUCTION. Prior to February 1992, the deck which is the subject of this appeal and disapproved building permit was constructed without any agency approvals. On April 10, 1991, the time when a previous variance for different relief (porch addition) under Appeal No. 4008, the subject deck did not exist. The difficulties claimed by appellants in this application are self-created. 6. It is personal knowledge, and through town records, that this bluff area is subject to erosion, and in the past the bluff areas in this vicinity have been damaged. Erosion of this nature has lead to the enactment of the Coastal Zone Management Law (Ch. 37) of the Town mandated by the State and Federal Government for properties fronting along the Long Island Sound. 7. EFFECTS OF RELIEF REQUESTED. It is the position of the Board that: (a) the deck area extending to the platform at the top of the bluff stairs does not and will not have a foundation area which disturbs the natural ground underneath or around the construction; in fact, the deck area helps to preserve the natural land area over which it is placed; (b) the setback requested to the platform at the top of the bluff is substantial in relation to the requirements, being a variance of 100% of the requirements; (c) the grant of the entire relief will not alter the essential character of the neighborhood since many of the neighboring parcels are improved with buildings similar to the subject parcel; (d) it is personal knowledge, and through town records, that this bluff area is subject to erosion, and in the past the bluff areas in this vicinity have been damaged - leading to the enactment of the Coastal Zone Management Law (Ch. 37) of the Town, as mandated by the State and Federal Government for properties fronting along the Long Island Sound; this construction is subject to review and approval by the Southold Town Trustees under Ch. 37; (e) due to the size of the property, there is limited available land area for an open, unroofed deck. (f) the alternative for appellants to pursue is to remove the deck construction entirely, which the appellants feel is not feasible; Page 4 - Appl. No. 4248 and 4098 Matter of TONY & MARIA KOSTOULAS Decision Rendered June 24, 1994 (g) the difficulties claimed are uniquely related to the property and are not personal in nature; (h) the relief, as requested, will not in turn have an adverse effect or impact on the physical and environmental conditions in the neighborhood and district since the open, unroofed deck, without a foundation, will help to prevent erosion in this area; (i) in view of all the above, the interests of justice will be served by granting the specific relief requested, and noted above. Accordingly, on motion by Member Dinizio, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the relief requested and as noticed in this application SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the dimensions of the open deck shall not exceed that shown on the sketch submitted, prepared by Timothy Coffey Nursery dated 6/94 with variables of 22 feet in width at the north end where the platform is connected, running thence south 10 feet, thence west 16 fet, then six feet south, thence 18 feet northeast on an angle, thence south eight feet to the rear step area of the house, extending along the rear area of the house 32 feet in width, thence extending north four feet, 16 feet west, and again north 10 feet, to the existing platform at the top of the bluff; 2. Erosion control measures must be taken when removing the existing deck areas to conform with the modified diagram; 3. The easterly side yard area shall not be reduced for the raised deck or dwelling construction (except as may be permitted for minimal steps and level brick walks); 4. Existing landscaping must remain; 5. Further viewing and acceptance by a representative of the Board of Appeals is required prior to the issuance of a Certificate of Occupancy. Vote of the Board: Ayes: Messrs. Dinizio, Wilton, and Goehringer. (Members Doyen and Villa were absent.) This resolution was duly adopted. I:ECEIVED AND FILED BY` THE SOUTHOLD TOW14 CLERK I GERARD P. GOE RI ER, CHAI N DATE 7//Y~4v HOUR/o y Town Clerk, Town of Southold APPEALS BOARD MEMBERS Fad Gerard P. Goehringer, Chairman Serge Doyen, Jr. 4 Town Hall, 53095 Main Road James Dinizio, Jr. P.O. Box 1179 Robert A. Villa Southold, New York 11971 Richard C. Wilton Fax (516) 765-1823 Telephone (516) 765-1809 BOARD OF APPEALS Telephone (516) 765-1800 TOWN OF SOUTHOLD NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY GIVEN; pursuant to Section 267 of the Town, Law and the Code of the Town of Southold,.that the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS, at the { Southold Town Hall, 53095 Main Road, Southold, New-York 11971, on WEDNESDAY, JUNE 8, 1994, commencing at the times specified below: i 1 7:30 p.m. Appl. No. 4235 - KIM FALLON and CYNTHIA SUTRYK. (Hearing Continued from May 4, 1994) This is a request for a.variance based upon the April 4, 1994 Notice of Disapproval from the Building Inspector to locate accessory building in the front yard area. Location of Property: 3200 Soundview Avenue, Mattituck, NY; County Tax Map Parcel 1000-94-2-5. 2. 7:35 p.m. Appl. No. 4234 - ALEX AND MARION-WIPF. (Hearing Continued from May 4, 1994). This is a request for a variance under Article Ill, Section 100-33C for permission to locate an accessory garage with a frontyard setback at less than the required 40 ft. front yard setback. This parcel is nonconforming with a lot area of approximately 22,000 sq. ft. and frontage of 118 ft. Location of Property: 940 West Creek Avenue; Cutchogue; NY; County Tax Map Parcel No. 1000-103-13-7. Paige; 2 - Notice of Hearing Southold Town Board of Appeals Regular Meeting. of June 8, 1994 3. 7:40 p.m- Appl. No. 4246 - LKC CORP. and JASTA, INC. This is a request for a Special Exception for permission to establish a drinking establishing use as listed under Article XI, Section 100-101B in an 'existing principal building. The subject premises is nonconforming with a-lot area of approximately one-half acre and 11"5+- ft. frontage along the north side•'of the Main Road and is located-in the B-General Business Zone District. Property Address: 6955 Main Road, Laurel, NY; County Tax Map: No. 1000-122-6-36. 4. 7:50 p.m. App1. No- 4245 GEORGE AND SUSAN TSAVARIS. This is i a request for a variance under Article XXIII, Section 100-239.4A for permission to locate swimmingpool with fence enclosure within 100 feet of the bluff of the Long Island Sound. Location of Property: 2170 The Strand, Lot 111 at Pebble Beach Farms; East Marion, NY; Parcel ID No. 1000-30-2-53- 5. 7:55 p.m. Appl. No. 4244SE - DEPOT ENTERPRISES, INC. This is 'a request for a Special Exception, as amended, to.include approval for the location and use of -a proposed addition to the existing principal building located at 320 Depot Lane, Cutchogue, New York. The proposed addition is an expansion of the existing recreational membership club and is located in the Residential-Office (RO) Zone District. Property ID No. 1000-102-2-12.1. Page 3 - Notice of Hearins,. Southold Town Boar&of Appeals Regular Meeting of June 8: 1994 6. 8:05 p.m. Appl. No. 4249 - SANFORD"AND SUE HANAUER. This is a request for a Special Exception to establish and operate a Bed and Breakfast in accordance with the provisions of the zoning code at Article III, Section 100-31B(15), with owner-occupancy, and as an accessory to the existing principal residence. Location of Property: 4105 Soundview Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-94-3-part of 1.7, also known and referred-to as Lot No 2 on the Subdivision Map of Robert and Jean Lenzer. 7. 8:10 p.m. Appl. No. 4240 - JOHN CROKOS. This is a request for a variance under Article XXIX, Section 100-239.4A based upon the May 4, 1994 Notice of Disapproval from the Building Inspector for permission to locate swimmingpool with fence enclosure within 100 feet of the bluff along the Long Island Sound. This property was the subject of prior Appeals under Appl. No. 4204as rendered 12/8/93 and Appl. No. 4140 as rendered 2/23/93. The subject premises is improved with a single-family dwelling and contains an area of approximately 40,000 sq. ft. (total lot area). Location of Property: 2110 Grand View Drive, Orient, NY; Lot No. 7 on the Map of Grand View Estates; County Tax Map Parcel No. 1000-14-2-3.11.' 8. 8:15 p.m. Appl. No. 4241 - RICHARD LAN. This is a request for a variance under Article IIIA,-Section 100-30A.4 (ref. Article III, Section 100-33) based upon the May 4, 1994 Notice of Disapproval from the Building Inspector in a building permitapplication to construct Page 4~- Notice of Hearil, Southold Town Board of Appeals Regular Meeting of June E, 1994 pool and deck in the front yard area, as an accessory use_ Location of Property; 230 Bridge Lane, CLtchogue, NY; County Tax Map Parcel No. 1000-111-15-1.4 and 1.5 (Tax Map Parcel No. 1.4 totals 2.478 acres and Parcel No. 1.5 totals 1.088 acres). The subject premises is located in an R-40 Low-Density Residential Zone District. 9• 8:20 p.m. Appl. No. 4243 - MOORE'S LANE HOLDING CORP. This is a request for a variance under Article V Section 100-53B; Section 100-31C (ref. Section 100-33), and Section 100-231, based upon the May 4, 1994 Notice of Disapproval from the Building Inspector for permission to locate accessory uses (tennis court; swimmingpool and pool clubhouse) in an area other than the required rear yard, and with tennis-court fencing at a height of more than four feet when located in a front yard area. Location of Property: 475 Cedarfields Drive, Greenport, NY; County Tax Map Parcel No. 1000-40-5-1.42. The subject - premises is located in the Hamlet-Density Zone District. 10. & 11. 8:25 p.m. TONYAND MARIA KOSTOULAS. Location of Property: 1035 Aquaview Avenue, East Marion, NY; County Tax Map Parcel No. 1000-21-2-13. This property is nonconforming as to total lot area in this R-40 Zone District. Appl. No. 4098 - (Continued Hearing) This is a request for a variance under Article XXIII, Section 1.00-239.4 for approval of a deck extension located within 100 feet of the bluff of the Long Page 5 - Notice of HearincL Southold ~ Town Board- of Appeals Regular,Meeting of June-8, 1994 Island Sound: Appl.,No. 4248 This is a request for variance under Article IIIA, Section 100-30A 3 for approval of a_deck -addition with insufficient side yard setbacks 12. 8:35 p.m. Appl. 4247 - HUGH T. and CAROL L. CONROY. This is a request for a Special Exception to establish an Accessory Apartment in conjunction with the owner's occupancy within existing residence as authorized under Article III, Section 100-30A:2B and Section 100-31B(14) of the Zoning Code. Location of Property: Westerly side of Gin Lane, Southold, NY; also referred to as Lot #2 on the Subdivision Map of Bay Haven filed in the Suffolk County Clerk's Office as Map 2910; further identified on the County Tax Maps as 1000-88-3-6: 13. 8:55 p.m. Appl. No_ 4239 - MARGARET BEST and ADYLYN SYVERSON. This is a request for a variance under Article IIIA, Section 100-30A:1 based upon the May 2, 1994 Notice of Disapproval by the Building Inspector for approval of the proposed insufficient lot area and^ insufficient lot width of proposed Parcels #1 and #2. Location of Property: Private Road #17 extending•off the easterly side of Camp Mineola Road, Matti:tuck, NY; County Tax Map Parcel No. 1000-123-6-17 The subject premises contains a total lot area of approximately 1.2 Pbge 6 - Notice of Hearh Southold Town Board of Appeals Regular Meeting of June 8 1994 acre(s) in total area and is located in the R-40 Low-Density Residential Zone District. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above matters.,_Written comments may also be submitted prior-to the conclusion of the subject hearing. Each hearing will not start before the times designated above. If you wish -to review the files or need to request more information, please do not hesitate to call 765-1809 or visit our office. I Dated: May 23, 1994. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski x FORM NO, 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date 19 %r• 494/ et PLEASE TAKE NOTICE that your application datedoVr~ L ...'°4~~y/•/. 19~. . for permit to A--'at ~J t=l~ G U . ~r ~ - Location ,ofProperty r . / House No. Street . ~ Street Hamlet . County Tax Map No. 1000 Section .......mom. Block ;:2-:...... Lot Subdivision Filed Map No. Lot No................. . is returned herewith and disapproved on the following grounds uz(. • cse;c~~ra ./oD. - ~.~1•: 5~/.~.~i/'s~.f~~i. !~..~-~.-~..~~i ..~~1v t !G Ile '4 t1'4 4 . , .A ..04.. E. . ~Sui1~g Inspector RV 1/80 . , RECEIVED---/ MAY 2 Q 1994 Southold Town Clerk TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1. (We) Name of Appellant Street and Number N.1... HEREBY APPEAL TO Qd?L1`~`~z? . 'i Municioclity........................................................... State j THE ZONING BOARD OF APPEALS FROM THE DECISION. OF THE BUILDING IN`PECTCR ON i APPLICATION' FOR PERMIT NO..................................... DATED WHEREBY TH'E.BUILDING INSPECTOR DENIED TO i _.7ONV _M~ ko51 CU L- . Name of Applicant for permit of a32 i>cwe' tkanhusse~ N X . 11030 Street and Number Municipality State ( ) PERMIT TO USE ( PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ~~35 ~a VrP ECtS~ /1) O~ /4f• Street /Hamlet f Use Distract on Zoning Map District 1000 Section Block a Lot 015 Current Owner 7tr~ 9y?o MA 4 (casrc)uLA-s Map No. at o. Prior Owner 2vrr{ 2ow&~-- 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 3,J 'Section - /~~-3ae9.3 3. PE OF APPEAL Appeol.is made herewith for (please check appropriate box) ( A VARIANCE to the Zoning Ordinance or Zoning Map A ( ) A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 ( 4. PREVIOUS APPEAL A previous oppea (hos) has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such cppeal was ( ) request for a special permit ( v,/request for a variance and was made in Appeal No........... _...Dated e~~/o~ 9/. 1/098/ 30 /9z . REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( 4 A Variance to the Zoning Ordinance ( ) is requested for the reason that -7. /5 /Ot'd' ~Cteo~. 71zi s`~C ~udi~ UrS ~czn E- }a Loe~iy ~/and ~®rrr~e/ bfu{~ • %7tc -.Pirrshn y hozJSC~ iti°crs rerno)ru~el' Y3 Vananee. Attu. V00? cla7d '//~n/5! 4 CC~~~L? f!~??e%r carers ~or~hve e~ ~o "~onreeet di0us~ , A V~ r~ric¢ Alo. -1098 e%uaee/ ~/3o~4z aje P~/Snny Vvv~eCl ~eclc f~dre Tjvslecs.nct . r SLi iaci, from burl /5 hereby G//"Ldb~ECl 740 e0ll m 70 Pbnn ZSt (Continue on other side) _ REASON FOR APPEAL Continued 1,` STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because ~td~~ /`°i~'~~r~/` •cz ~cxecfrcl Gc~~eac~nt d'c fh.e .'..esnJr. ~-s%arnc~ 5ev d /~Gu lr ®strn5 /2kvse WBS /aca ct cvr~v ,rnee G l/ rsrrcJ ~ >~~f'tre`rz.' ~tt-u~iv,`z's Gt,~a'e lc°CEwrd' refer ~EZ{ ;~rorn b~F~ h -e Lis j3F ~d p, a r ~y 'f77, isnencly Otecr-,n met 6 'Pram rc r nr aca7 V14zf arh1 c1fs arhaln Jc 1cain ~Y~de tncrcl~ ~ . ~ 7z' 7aF' oF /3ira %71e f ¢/ECic (zlag arc c:a9 s been oub5innfk~ aduc L y irvs§e~s eoc,&+~t ara,(o ~ cad 9'~rm~ , 2. The hardship created is UNIQUE and is not shared byall properties alike in the immediate vicinity of this property and in this use district because one . - (JCeri~-l Ls ~c bsfrandsxrc~ ht ucrzc~ cz Icy et a e c{~ptcxlrt-'ai iY d!(33 1Vdfro.' in Svxspe ncw,rZg: ©ntN loCS. p re~i §rcyn^ttc.~c~e Salo ark Jay o~ e Same 4s1d y~~ -EPx,'C-.. Cs~ot'tcJ 1-cstina 'mss\at'~a} <~c`CSYtC~: t. c. ~~eexe:,}s Yrc~ ~b V,°e ~cti s.Cils. tar- A+C c td co: ~ T,-SLaiC8 +r C. i~az~ rcr c~nd - ?re dec ir,~5 v4a--~ • ar~ssscxliecl 3•Yi ~n ,iC ~tiato ~~i'15..r s ^{a tku h c m(f c)ca3 ij err 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because Th av5rri,-t co»~ 555 or ~cla~~afKEcvtC~. rSSZec\ laYCeIS i~3liccV ~w~' 1 re s o v c~ es~ pa nclec` 'sc iY'e-e-t c sent bu-ucAk ~cxig Y>clarts .e -ThE ` (fleck-i'n5 is ~recForntrccniEcl tad ~.ccRa Cis,ra dce5 nor C~YA5wudt \Kz>kk v i i~ ~o rJce,~t (p o~~r"ries -a°d wb b2 Y 0 less d~s~u ~t w -fhcan r o f I i STATE OF NEW YORK ) COUNTY OF SkFFOCrs j ss . Signature Sworn to this day of....:.... 19 g Notcry Public MARGARET C. RUTKOWSKI Notal PWAC, State of Now York - - No.4982528 . Walified nSdolkCoumy Commission E*m Jtgie 3,19 9?~ 0 0 _ Q O 4es~ ° o - m m I fl O o ~ a 3 a 3 1 o Z D p C Z 3 cp m r a a 3 a m c m A s O. W N m \ f Ayr m A F~ f: tlir N m J\J EEiitl,.,; S ifvN k t dv, A e P N y ' z © W G 4 yy o t5 T~ v 1 ¢TY p x I fD 011.1 a> ? s "~u~ 6 rP D Z A- r "F s F A i. n JF ' 0 A ~ ~f7 ~ F 'g M Q m I! pe D' r k tau } k v'>ti O I W 3 1 yyq~, -N zg~A fifirv' 1 3 ^ PNM N r u~ 4p I AW4 ? 1 ,.n, l i ~n 1 A ,y'k 1 t 1~ i 1 4 ~ C ~ -may µf x'& L; g 3JI. I. A ggf~ IF F., { al IFFY M WD a ;a ® f 1 ~ ~ W to i" U' ~ r r Y tI a \ ~ ~ > Sys t. Y ji' $ v 71, sl t r j ^ v}~1! x i4~ if 'r I IN! gum P ' N. o o ~ v3 / , 1>~0 N W N O O 03 ON CP. t ~ ~a!o o~ o 0 0 - r c3 -n IT) k < - m 3 O ® 3 ~ O O rk r \n 1 1 `4 o o y = 3 ~ o ' 0 0 o m_ ~ - - N N I O N { 22 N ~ O O s 'rJ1 c.` ~ ~ ~ cwt n 1V? i :V :l W b 1 f r \ © v li I tto y~ ~~[v[• 0. L 5 I-V TIC d '93 10.17 TOWN OF HOLD" dt~L_~flfj~ ~ P.2/2~ I N X p F < i~ Q YFSETaAav 44 -:5.ze z ~oF~~Ff f, 7.hp o ~ rr7olle4l ! ~~Jgice 4 Mkk. ~\j O ~t , 14N v 1 ; r-7 .c/ cv5 iof ~Q.oo { W 11t w u al fL U- _ vi ca m C r O Rr J 13 Z L) r 4 a COUNTY OF SUFFOLK 5 r FRO Jl~ 2 2 1994 i" ICI ` ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING STEPHEN M. JONES. A.I.C.P. DIRECTOR OF PLANNING July 20, 1994 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Kostoulas, Tony & Maria 4098 Kostoulas, Tony & Maria 4248 Bannon, Dennis R. & Ann L. 4252 Very truly yours, Stephen M. Jones Director of Planning S/s Gerald G. Newman Chief Planner GGN:mb H. LEE DENNISON BUILDING ¦ VETERANS MEMORIAL HIGHWAY ¦ HAUPPAUGE. NEW YORK 11788 ¦ (816) 886.8192 FAX 1816) 88]-9046 • gOFFO(,~co APPEALS B CARD MEMBERS oy~ Gym Gerard P. Goehringer, Chairman W T Serge Doyen, Jr. Gy Town Hall, 53095 Main Road James Dinizio, Jr. '!!p! ~a0 P.O. Box 1179 Robert A. Villa * Southold, New York 11971 Richard C. Wilton Fax (516) 765-1823 Telephone (516) 765-1809 Telephone (516) 765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD Pursuant to Article XIV of the Suffolk County AcImministrative Code, The Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: -X)F Variance from the Zoning Code, Article IIIA Section 100-30A.3 Variance from Determination of Southold Town Building Inspector Special Exception, Article Section Special Permit 4098 and Appeal No: 4248 Applicant: Tony and Maria Kostoulas Location of Affected Land: 1035 Aquaview Avenue, East Marion, NY County Tax Map Item No.: 1000-21-2-13 Within 500 feet of: Town or Village Boundary Line X_ Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area Existing or Proposed Right-of-Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines, or Within One Mile of a Nuclear Power Plant Within One Mile of an Airport Comments: Applicant is requesting permission..to add an addition to the deck with insufficient side yard setbacks. (Appl. No. 4248) Approval of deck area within 100' of L.I. Sound (Appl. No. 4098) Copies of Town file and related documents enclosed for your review. Dated: July 19, 1994 July 15, 1994 Patricia C. Moore, Esq. 315 Westphalia Road P.O. Box 23 Mattituck, NY 11952 Re: Appl. No. 4248 - Tony and Maria Kostoulas Dear Mrs. Moore: Please find enclosed a copy of the findings and determination with conditions, as rendered by the Board of Appeals concerning the above-noted application at our Special Meeting held on June 24, 1994. Please be sure to return to the Building Inspector and any other agency which may have jurisdiction for issuance of final permits and approvals and for the deck and modification. We have furnished copies of this approval to the Building Department office for their update and permanent recordkeeping. Also, we have transmitted a copy of this file to the Suffolk County Department of Planning in accordance with the Suffolk County Administrative Code rules and regulations pertaining to projects located within 500 feet of the Long Island Sound. Once we have received their written response, we will forward a copy to you for your permanent recordkeeping. Very truly yours, Linda Kowalski, Clerk Enclosure Board of Appeals Copies of Decision to: Town Building Department County Planning Commission ~g~FFO(K~oG APPEALS BOARD MEMBERS y0 'yj2 Southold Town Hall Gerard P. Goehringer, Chairman go e= 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 James Dinizio, Jr. y O~ Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS Appl. No. 4098 and No. 4248. Upon Applications of TONY AND MARIA KOSTOULAS. Location of Property: 1035 Aquaview Avenue, East Marion, NY; County Tax Map Parcel No. 1000-21-2-13. This property is nonconforming as to total lot area in this R-40 Zone District. Appl. No. 4098 - This is a request for a variance under Article XXIII, Section 100-239.4 for approval of a deck extension located within 100 feet of the bluff of the Long Island Sound. Appl. No. 4248 - This is a request for variance under Article IIIA, Section 100-30A.3 for approval of a deck addition with insufficient side yard setbacks. WHEREAS, a public hearing was held on June 8, 1994 under Appeal No. 4248, and held on May 7, 1992, June 4, 1992, November 9, 1992, December 3, 1992 and June 8, 1992 under Appeal No. 4098, at which times all persons who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. REQUESTS. By this application, the appellants are requesting the following variances: a) request for above-ground deck construction which is located within 100 feet of the top of the bluff along the Long Island Sound; and b) request for above-ground deck construction which is located with a one-foot insufficient side yard setback Page 2 - Appl. No. 422 and 4098 • Matter of TONY & MARIA KOSTOULAS Decision Rendered June 24, 1994 from the westerly,side,property line; (c) the easterly side yard is proposed to comply with the elevation and setback requirements of the code for walks and entrance ways and is subject to further inspection and review by the Building Inspector. 2. BASIS OF APPEAL. By Notice of Disapproval dated March 2, 1992, the Building Inspector disapproved an application for a building permit for the deck construction, as exists, due to its location within 100 feet of the Long Island Sound bluff and due to the need of other agency approvals (Town Trustees and N.Y.S. Department of Environmental Conservation). By a second, updated Notice of Disapproval dated May 20, 1994, the Building Inspector disapproved an amended application for a building permit for the deck construction, as exists, due to not only its location within 100 feet of the Long Island Sound bluff but also for an insufficient side yard setback. 3. CODE REQUIREMENTS. The Articles and Sections of the Code cited in the Building Inspector's Notices of Disapproval are Article XXIII, Section 100-239.A and Article IIIA, Section 100-30A.3, which provide as follows: Article XXIII, Section 100-239.4A of the Zoning Code requires all buildings and structures located on lots upon which there exists a bluff or bank landward of the shore or beach shall be set back not less than one hundred (100) feet from the top of such bluff or bank. Article IIIA, Section 100-30A.3 of the Zoning Code requires the principal setbacks to be not closer to the side property lines than that established, or not closer than 10 and 15 ft. side yards for properties containing less than 20,000 sq. ft. in total lot area, whichever is less. 4. PROPERTY DATA. The premises in question is a described parcel of land situated north along Aquaview Drive, East Marion, and is improved with a single-family dwelling structure as more particularly shown on the June 17, 1991 survey prepared November 15, 1990, updated December 19, 1991, by William R. Simmons, Jr., Land Surveyor. The parcel has a frontage along Aquaview Avenue of 60 feet and frontage along the highwater mark of the Long Island Sound of 43+- feet. The average depth of the parcel is 220+- feet. The dwelling, as exists, is shown to be set back at 42 feet from the front property line (excluding of step area). The side yard setback of the dwelling scales out to be 9.2+- at the east side yard and at 11+- feet at the west side yard. The brick walks within the side yards are not elevated above ground. When , s Page 3 - Appl. No. 4248 and 4098 Matter of TONY & MARIA KOSTOULAS Decision Rendered June 24, 1994 elevated, further variances would. be required. Level walks are not included, if at ground level, in the setback calculations. 5. HISTORY OF EXISTING CONSTRUCTION. Prior to February 1992, the deck which is the subject of this appeal and disapproved building permit was constructed without any agency approvals. On April 10, 1991, the time when a previous variance for different relief (porch addition) under Appeal No. 4008, the subject deck did not exist. The difficulties claimed by appellants in this application are self-created. 6. It is personal knowledge, and through town records, that this bluff area is subject to erosion, and in the past the bluff areas in this vicinity have been damaged. Erosion of this nature has lead to the enactment of the Coastal Zone Management Law (Ch. 37) of the Town mandated by the State and Federal Government for properties fronting along the Long Island Sound. 7. EFFECTS OF RELIEF REQUESTED. It is the position of the Board that: (a) the deck area extending to the platform at the top of the bluff stairs does not and will not have a foundation area which disturbs the natural ground underneath or around the construction; in fact, the deck area helps to preserve the natural land area over which it is placed; (b) the setback requested to the platform at the top of the bluff is substantial in relation to the requirements, being a variance of 100% of the requirements; (c) the grant of the entire relief will not alter the essential character of the neighborhood since many of the neighboring parcels are improved with buildings similar to the subject parcel; (d) it is personal knowledge, and through town records, that this bluff area is subject to erosion, and in the past the bluff areas in this vicinity have been damaged - leading to the enactment of the Coastal Zone Management Law (Ch. 37) of the Town, as mandated by the State and Federal Government for properties fronting along the Long Island Sound; this construction is subject to review and approval by the Southold Town Trustees under Ch. 37; (e) due to the size of the property, there is limited available land area for an open, unroofed deck. (f) the alternati ve for appellants to pursue is to remove the deck construction entirely, which the appellants feel is not feasible; r Page 4 - Appl. No. 4A and 4098 • Matter of TONY & MARIA KOSTOULAS Decision Rendered June 24, 1994 (g) the difficulties claimed are uniquely related to the property and are not personal in nature; (h) the relief, as requested, will not in turn have an adverse effect or impact on the physical and environmental conditions in the neighborhood and district since the open, unroofed deck, without a foundation, will help to prevent erosion in this area; (i) in view of all the above, the interests of justice will be served by granting the specific relief requested, and noted above. Accordingly, on motion by Member Dinizio, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the relief requested and as noticed in this application SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the dimensions of the open deck shall not exceed that shown on the sketch submitted, prepared by Timothy Coffey Nursery dated 6/94 with variables of 22 feet in width at the north end where the platform is connected, running thence south 10 feet, thence west 16 fet, then six feet south, thence 18 feet northeast on an angle, thence south eight feet to the rear step area of the house, extending along the rear area of the house 32 feet in width, thence extending north four feet, 16 feet west, and again north 10 feet, to the existing platform at the top of the bluff; 2. Erosion control measures must be taken when removing the existing deck areas to conform with the modified diagram; 3. The easterly side yard area shall not be reduced for the raised deck or dwelling construction (except as may be permitted for minimal steps and level brick walks); 4. Existing landscaping must remain; 5. Further viewing and acceptance by a representative of the Board of Appeals is required prior to the issuance of a Certificate of Occupancy. Vote of the Board: Ayes: Messrs. Dinizio, Wilton, and Goehringer. (Members Doyen and Villa were absent.) This resolution was duly adopted. s s s GERARD P. GOE RI ER, CHAI Page 4 - Appl. No. 08 and 4098 Matter of TONY & MARIA KOSTOULAS Decision Rendered June 24, 1994 (g) the difficulties 'claimed are uniquely related to the property and are not personal- in nature; (h) the relief, as requested, will not in turn have an adverse effect or impact on the physical and environmental conditions in the neighborhood and district since the open, unroofed deck, without a foundation, will help to prevent erosion in this area; (i) in view of all the above, the interests of justice will be served by granting the specific relief requested, and noted above. Accordingly, on motion by Member Dinizio, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the relief requested and as noticed in this application SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the dimensions of the open deck shall not exceed that shown on the sketch submitted, prepared by Timothy Coffey Nursery dated 6/94 with variables of 22 feet in width at the north end where the platform is connected, running thence south 10 feet, thence west 16 fet, then six feet south, thence 18 feet northeast on an angle, thence south eight feet to the rear step area of the house, extending along the rear area of the house 32 feet in width, thence extending north four feet, 16 feet west, and again north 10 feet, to the existing platform at the top of the bluff; 2. Erosion control measures must be taken when removing the existing deck areas to conform with the modified diagram; 3. The easterly side yard area shall not be reduced for the raised deck or dwelling construction (except as may be permitted for minimal steps and level brick walks); 4. Existing landscaping must remain; 5. Further viewing and acceptance by a representative of the Board of Appeals is required prior to the issuance of a Certificate of Occupancy. Vote of the Board: Ayes: Messrs. Dinizio, Wilton, and Goehringer. (Members Dq, en and Villa were absent.) This resolution ---'wU9 du-ryauvpted. RECEIVED AND FILED BY x THE SOUTHOLD TOW14 CLERK DATE HOUR/0 `a GERARD P. GOE11RINW. ER, CHAI N ..1 n 1, MOORE & MOORE Attorneys at Law 315 Westphalia Road M 2 2 1994 P.O. Box 23 Mattituck, New York 11952 I Tel: (516) 298-5674 Fax: (516) 298-5664 William D. Moore Margaret Rutkowski Patricia C. Moore Secretary June 20, 1994 Southold Town Board of Appeals Southold Town Hall Main Road P.O. Box 1179 Southold, NY 11971 Attention: Ms. Linda Kowalski Re: Appl. No. 4248 - Tony and Maria Kostoulas Dear Linda: As per your request, enclosed please find a sketch with dimensions of the deck in the above matter. If you require anything else, please do not hesitate to contact me. Very truly yours, Patricia C. Moore PCM/mr Enc. cc: Tony and Maria Kostoulas w/enc. C3 00- N AMA rn , N z . f -f. 0 v; to! Ttd~rs~ T rn' U °O' N z LLJ u H _ V) \ I~ _ Q F z _ `7G p . too KG5TOULAS _ ft tDt*NC - TIM~44Y GUFf~Y jtw) TLS2~f4 _ r,~ SOUTHOLD TOWN BOARD G / Yf / IN ITS CAPACITY AS THE COASTAL EROSION l HAZARD BOARD OF REVIEW --------------------------------------°--------X /Jn In the Matter of TONY KOSTOULAS -------------------------------------------°---X MOORE & MOORE Attorneys at Law 315 Westphalia Road P.O. Box 23 Mattituck, NY 11952 (516) 298-5674 SOUTHOLD TOWN BOARD IN ITS CAPACITY AS THE COASTAL EROSION HAZARD BOARD OF REVIEW ---------------------------------------------X In the Matter of TONY KOSTOULAS APPEAL ---------------------------------------------X This appeal is filed with the Southold Town Board in its capacity as the Coastal Erosion Hazard Board of Review pursuant to Article IV section 6-35 of Local Law 24-1991. The owner of the property files this appeal seeking a modification of the action of the Southold Town Trustees acting in their capacity as Administrator of the Coastal Erosion Hazard Area in their conditional approval dated October 22, 1992. A copy of the Trustees' decision is attached as Exhibit A. The specific provisions of the chapter which were improperly applied in this matter involve sections 6-12(A), (B), and (C) and 6-30. Mr. Kostoulas is the owner of property located at Aquaview Avenue some 1,020 feet east of the intersection of Aquaview Avenue and Rocky Point Road in East Marion. The property has the Suffolk County Tax map identification as 1000-21-2-13. This property was i improved with an existing single family dwelling, deck and stairs leading to the beach with additional accessory buildings at the foot of the stairs near the beach on the Long Island Sound. Mr. Kostoulas purchased the property in 1990. At the time he purchased the property he obtained a copy of the certificate of occupancy issued by the Southold Town Building Department together with a copy of the building department's housing code inspection report. Copies of these documents are attached as Exhibit B. The building department noted in its report that the existing exterior stairs, porches and deck needed to be repaired. In addition to these repairs, Mr. Kostoulas sought and obtained approval from the zoning board of appeals in decision $4008 to substantially renovate the existing single family dwelling. A copy of the certificate of occupancy issued for these improvements is attached as Exhibit C. A copy of a survey prepared by William R. Simmons, Jr. dated November 14, 1991 shows the status of the property prior to these extensive improvements to the property; a copy of the survey is attached as Exhibit D. In the course of the reconstruction of the residence, the preexisting 7.9 ft by 14.0 ft alcove located on the north side of the dwelling was removed revealing and exposing the original footings of this alcove area. -r It was the consensus of both the builder employed by Mr. Kostoulas and the building department inspector that the exposed footings should be covered with decking to'avoid a hazardous condition on the premises. [The footings could not be removed without disturbance to the area in question and equipment could not have gained access to the area in view of the existing dwelling] A copy of the William R. Simmons, Jr. survey as revised dated June 12, 1992 shows the property as it has'$been improved. See 2 Exhibit E. The footings have been covered with an on grade irregularly shaped deck of approximately 760 square feet. The deck consists merely of 2 x 6 planks attached to 6 X,'6 'ties. A sketch of this construction is attached as Exhibit.F. Neither Mr. Kostoulas or his builder were advised that an additional permit (Coastal Erosion Hazard Area) was required for this ground level deck which was designed to cover the prior footings and to attach to the pre-existing deck. The pre-existing deck is not the subject of this application as it predates the effective date of this local law. The only deck, in question is the one which was installed to cover the prior footings, and which was extended to tie-in to the pre-existing deck. When Mr. Kostoulas was advised that his deck addition required an additional permit, he promptly made application for same. At or about the same time, he attempted to mitigate the potential impacts from erosion that the deck might have.caused by having a landscaper recommend and install appropriato',erosion control r measures. Specifically, the landscaper installed permanent erosion control fabric on. top of which was placed three layers of jute erosion matting pinned down with 8 inch steel erosion staples which was further covered with 2 - 3 inches of cedar".mulch. See Exhibit G. In addition, rose bushes, selected by Timothy Coffey Nursery/Landscape Contractors were planted as aPfurther measure to control erosion. The cost of these measures"<was more than THREE THOUSAND dollars ($3,000.00.) The Southold Town Trustees erred when they determined that the 3 deck "may have resulted in unnecessary soil) disturbance that directs surface water run-off over a bluff face." The conditional approval given by the trustees required the' ;installation of drywells to control runoff.' However, dry wells had already been installed by the landscaper employed by Mr. Kostoulas. The trustees apparently did not recognize this fact. See Exhibit H. The trustees' conclusion is that the deck may result in run-off. However, the trustees made two inspections to the property on March 17 and May 21, 1992 and noted no active erosion on the property. The trustees noted in their inspection that the bluff area had been revegetated with "ornamental/non-indigenous plant species and heavily mulched." The plant selection was made specifically by Timothy Coffey to act as an erosion control measure. The plant selection was not made by a layman for ornamental purposes. The particular species selected by Mr. Coffey was,"Rosa rugosa" which is noted for its particularly effective soil erosion control characteristics. The root structure of this plant grows both vertically and laterally, is drought resistent'and requires no chemicals to sustain its growth. It should be noted that the United States Department of Agricultural, Soil )Conservation service includes this specific species as effective'" erosion control plantings in its "Conservation Plants for the Northeast" publication. Moreover, such species are "shade tolerant" [ie. can survive in shaded areas such as the one created by the deck] and are effective for stabilizing sand dunes and landscaping. The "Soil Survey of Suffolk County, New York" prepared by the 4 United States Department of Agriculture Soil Conservation Service identifies the soil on the subject property as ",Plymouth loamy sand, 3 to 8 percent slopes (PIE). See attachedExhibit-l. "The hazard of erosion is slight on this Plymouth.soil." The impact of the 670 square foot deck' which is landward of the top of the bluff is far less than the impacts that could reasonably be expected from pedestrian usage and passage from the house to the pre-existing deck and steps. The on grade deck simply ties the house into the preexisting access to the beach and will eliminate pedestrian and other family activity 'in the area. Given the significant erosion control measures which have already been installed by Mr. and Mrs. Kostoulas, and the fact that no active erosion was identified by the trustees after two inspections of the property, it is clear that the deck coupled with the erosion control measures have not and 'will not cause a measurable increase in erosion at the site or at 'other locations. As the trustees noted in their conditional approval, the deck cannot be located in another part of the property to accomplish the goal of connecting the preexisting deck with the house. Accordingly, Mr. Kostoulas has met and satisfied the general standards set forth in section 6-12 of Article II. It is respectfully requested that the permit issued by the Town Trustees be modified to allow the deck to remain as constructed together with the erosion mitigation measures already"`installed by the y At issue is only 470 square feet of,deck, as up to 200 square feet is defined as an "unregulated activity" 5 owner. Lastly, we hereby reserve the right to challenge the appropriateness of the designation of the Southold Town-Trustees as the permit administrator for the Coastal Erosion Hazard Area. Dated: Mattituck, New York November 20, 1992 MOORE & MOORE Sy: William D. Moore 315 Westphalia Road PO Sox 23 Mattituck, NY 11952 6 g~FF01-f TRUSTEES Ap, SUPERVISOR John M. Bredemeyer, 111. President SCOTT 1 HARRIS Albert J. Krupski, Jr., Vice President oy Henry P. Smith u- rZ Town Hall John B. 7bthill 53W)5 Main Road William G. Albertson P.O. Box 1179 Telephone (516) 765-1892 Southold. New York 11971 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD October 22, 1992 ' ACTION OF THE SOUTHOLD TRUSTEES ADMINISTRATOR COASTAL EROSION HAZARD AREA Variance application of TONY KOSTOULAS SCTM $21-2-13 to construct a 670I9qu4re foot deck within the coastal erosion hazard area. PERMIT HISTORY AND FINDING OP FACTS 1. on March 17, 1992 an approximate 670 square Ifoot deck was noted near completion within the Structural Hazard Area at SCTM #21-2-13 without the required permit!Apprbval of the administrator. 2. An application was received for a variAncelpursuant to the. Coastal Erosion Hazard Act on March 25, 1992 in response to a notice of disapproval from the Building Department of March 2, 1992 and subsgquently inspected by the Trustees on March 17, 1992. 3. The Southold Town Building Department allegedly permitted the deck construction to be completed so as,to prevent a hazard to the Kostoulas children from trip hazards and the bluff precipice. 4. Pursuant to 37-6 the deck is wholly constructed on the bluff in that all construction is within 25' of the point of inflection." 5. The deck which is approx. 670 square feet is more than 25% greater in surface area than the house and existing deck which are approx. 1200 square feet and as such is defined as a major addition. ) 6. A variance is required pursuant to 37-17 A~-in that the addition is not the permitted minor addition allowed by Section, 37-17 B.' Additionally there are concerns'thatlthe'structure contravenes the stated purpose of 3717 A5 'in that the activity. EXHII9IT A whereas the Board of Trustees is of the belief that the deck should not diminish the natural soil keeping features of the bluff to the extent that erosion control vegetation will not thrive. and Whereas the Trustees have considered all the facts surrounding this application for a variance pursuant to the Coastal Erosion Hazard Act the application is. approved with the following conditions:. 1. The deck constructed in March of 1992 and subject of this ` application shall be shortened 8 feet so that it is no closer than 10 feet to the point of inflection of the bluff thus permitting light penetration and vegetative stabilization of the bluff. 2. An alternative 4 feet shortening of the deck subject this application and removal of the entirety of the pre-existing 14' X 22' deck over the bluff-face shall be considered equally with condition number one above at the applicants choice. A maximum 8' X 8' landing would be permitted in lieu'of the 14' X 22' deck. 3. The entirety of the bluff shall not be vegetated/re-vegetated or altered in any fashion except for the minimal disturbance needed for the removal noted above without the express written permission of the administrator. 4. Drywells shall be installed for the rear of. the house. I 5. A soil stabilization and planting plan approved by the Soil Conservation Service shall be submitted fok the top most 20' of bluff adjacent to the removed deck prior to said deck removal 7. An inspection of the deck removal, soil' stabilization and. . drywell installation shall be'called for prior to May 1993. In order to avoid the need to post a bond or 'consider legal action for the existing illegal construction, a hotarized. statement shall be submitted to the Trustees within one month of this approval indicating your concurrence with the provisions of this permit, your choice of #l or 2 above and your agreement to abide by all of its terms. F- c.c. Southold Town Zoning Board of Appeals Bill Southard, NYSDEC i L • i ,y _ may, ,w~ . J • • may have resulted in unnecessary "soil disturbance; that directs surface water run-off over a bluff face". 7. After the time of application, the applicant` installed erosion control fabric and several tiers of 'loW,torracing beneath the deck areas without authorization fe6m'this office. B. The bluff on site appeared to be free'of adt ve'erosion at the time of inspections which were made on.March 17 and May 21, 1992. 9. The bluff face was noted re-vegetated With ornamental/non-indigenous plant species and heavily mulched in contrast to accepted soil stabilization practices for'bluff areas which should be heavily seeded with "known" erosion control species. 10. The deck in question and the pre-existing 'deck over the bluff cast shade over the point of inflection o£,the bluff. 11. The deck is not considered easily movable,i',,although easily removed, and as such is at variance for Section 37-13 B: "the, construction of non-movable structures or the placement of major-non-movable additions to an existinglstructure'is prohibited" (in a'structural hazard area) 12. The deck slopes toward the bluff and there is a serious question that rain run-off is not properly, directed and collected for re-charge ahead of the bluff.; 13. on July 30, 1992 an agency negative declaration pursuant to SEQRA was issued for this action which is considered an unlisted -uncoordinated action. 14. On September 17, 1992 a public hearing was.held pursuant to the Coastal Erosion Hazard Act. 15. No one spoke against the application at the public hearing. DETERMINATION (conditioned approval) whereas the deck in question could not readily 'pecupy another site on the property. Whereas the deck in question does not reasonably mitigate the adverse impacts of run-off and shading in closeproximity to the bluff face. I Whereas the deck in question will not be reasonably safe from. erosion damage. Whereas the variance requested is not the mininift'necessary to properly protect the bluff from erosion and exacerbate the potential negative impact of the existing deck over the bluff. ,I FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector. . Town [tall 'Southold„ N.Y. - ' PRE CERTIFICATE OF OCCUPANCY No Z19582 Date DECEMBER 13, 1990 TATS CERTIFIES that the building ONE FAMILY DWELLING & ACCESSORIES Location of Property. 985 AQUAVIEW AVE. EAST MARION , House No. Street tiaml.el County Tax Map No. 1000 Section 21 Block 02 Lot 13 subdivision Filed Map No._ Lot No. conforms substantially to the Requirements for a private on-family dwell- ing built prior to APRIL 9, 1957 pursuant to which Certificate of Occupancy Z19582 Dated DECEMBER 13, 1990 wPln issued, and conforms to all of the requirements of the applicable provisions of the low. The occupancy for which this certificate is issued is ONE FAMILY'DWELLING AND ACCESSORY STRUCTURES The certificate is issued to RUTH ROWE ' (owner) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A IIIIDF..PWRITERS CERTIFICATE NO. N/A PLUMBERS CERTIFICATION DATED N/A ****SEE INSPECTION REPORT Bui ding Inspector Rev. 1/01 - .(l / Page 86 -Hearing Transcript A Regular Meeting - June 8, 1994 Southold Town Board of Appeals 9:56 P.M.-t-3 MR. CHAIRMAN: Appl. No. 4098 -TONY AND MARIA KOSTOULAS which is a continued hearing. This is a request for a variance under Article XXIII, Section 100-239.4 for approval of a deck extension located 100 feet of the bluff of the Long Island Sound and Appl. No. 4248 is a request for a variance under Article IIIA, Section 100-30A.3 for approval of a deck addition with insufficient side yard setbacks. The nature of this application is to distinguish or actually to continue one hearing is to request a variance for the clipping of the deck on another. Same piece of property however and side yard setback. Revised site plan William R. Simmons, dated June 12, 1992 and a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. PATRICIA MOORE: For the record my name is Patricia Moore and I'm from the office of Moore E Moore in Mattituck. We became involved with Mr. E Mrs. Kostoulas during the Trustees Coastal Zone Erosion Hazard Area permit application and at which time Mr. E Mrs. Kostoulas were starting an application before you for setback from the bluff, 100 foot from the bluff. At the same time the Trustees had ( ) jurisdiction so that they went before the Trustees. While at the Trustees there was an extensive hearing there. The Trustees came back with a permit with conditions which were not acceptable to the, to Mr. & Mrs. Kostoulas and we felt that the basis of their decision was with some errors of fact. The first exhibit you have there is a memorandum that we submitted to the Town Board which is the appeal body for the Coastal Zone Hazard Area Permit at which time we Page 87 -Hearing Transcript a Regular Meeting - June 8, 1994 Southold Town Board of Appeals presented the facts to the Town Board. Why it has taken so long is that when the Town Board in their appeal capacity heard the case they held off on their decision ultimately not really rendering a decision but suggesting to the Trustees to see if something couldn't be worked out and a compromise can be reached and that's why we're here today and I submitted to the Board at this point a survey that shows a cutback of 8 feet from the bluff cutting back the deck, the existing deck, which is the proposal that was made by the Trustees and has been accepted by Mr. E Mrs. Kostoulas. So, that's where we are today. So, we are here on two separate issues and if, with permission I'd like to incorporate both appeals at the same time and ask that the Board incorporate the record that's been established prior to this date so that we don't have to repeat or that I don't have to repeat myself. Thank you. The deck was originally placed there at the, not the entire deck but a portion of the deck was placed there at the, really the recommendation may be if it comes down to the owner or the cooperation with the owner and the Building Department because of some footings that were there from the previous building ( ) preexisting house that was renovated and the structure that remained the foundations ( ) that remained had some footings there and there was stairs and some decking. The decking was extended without. Mr. E Mrs. Kostoulas were not aware that there was a separate permit for the deck that they would need and variances ultimately. So, the structure is presently there. The application to the Trustees really dealt with Page 88 -Hearing Transcript Regular Meeting - June 8, 1994 Southold Town Board of Appeals various issues and we were very careful in mitigating any possibility of erosion and you have similar concerns for the 100 foot setback from the bluff. The way they addressed the mitigating fees concerns were first they hired Timothy Coffey, he's a landscape contractor, very capable individual and who recommended permanent erosion control fabric, initially to be placed there. Plantings of Rosa Rugosa which is a very effective erosion control plant. There about 200 planted along the bluff area and if you've seen this since you, this has been a long application. In the recent days if you've been out there to reinspect you'll find that it's very lush and it's very stabled. The plantings have really taken root and there doing beautifully. There has been approximately $3,000 worth of plantings throughout this 'area so there has been extensive planting to deal with any possibility of erosion. There were in fact drywells. The issues I'm raising were points that the Trustees were mistaken on so that's why I'm raising them today because the memorandum addresses that, that, for example the Trustees were not aware that there were drywells on the property and in fact there were drywells so that any run-off could be controlled. So, at this point the property is stabled, the 100 foot setback from the bluff is controlled. On the deck which is on grade will have far more impact on the bluff than any pedestrian traffic. They have two young children that they pointed out to you previously. Actually three children. There is the decking of the brick work pretty much joined together as a walkway so this is all on grade and because of the typography the property Page 89 -Hearing Transcript Regular Meeting - June 8, 1994 Southold Town Board of Appeals and really the house, the preexisting house is very close to the bluff. The whole area was built out many years ago when no-one really considered the distances from the bluff and this house as well as many of the other houses in the community are setback very closely to the bluff. The brick work creates this walkway path and the decking and the brick work really provide a protection for the bluff and prevents some of the erosion that the children and their Fisher Price toys can, the damage that they can do on that on a yard. The property as you can see from the survey is quite unique. It is 60, only 60 feet wide and tapers to 43 feet on Long Island Sound. So, it is quite narrow and the house is proportionately with the, with the property. Also, in, in the packet I have enclosed a letter from Mrs. Iglasias who is the property owner to the east who is the most, who will be effected by the setback request. She is very positive, is very much in favor of the variance application and they enjoy it. It's close quarters, all the homes there are quite close and they have a very good relationship and is very much in favor of this appeal. MR. CHAIRMAN: So, what you're proposing is to cut back the deck in those two areas. PATRICIA MOORE: Just in the two areas, yes. The landscape architect provided the last page which was not stapled and I apologize for that, shows that the rose bushes, the same type of Rosa Rugosa that was planted along the bluff will be used for that area. So, that's been the recommended plantings by the landscape Page 90 -Hearing Transcript Regular Meeting - June 8, 1994 Southold Town Board of Appeals architect and landscape contractors. Mr. E Mrs. Kostoulas are here and if you have any questions for them they will try to answer them. MR. CHAIRMAN: Bob?, Jim? MEMBER DINIZIO: No, nothing. MR. CHAIRMAN: My only concern of course always on water front property is how to fight fire. Having been a fireman 26 years, that's close to impossible on this piece because there's no way of getting access. I guess the only true access that you may have and why this point is probably on the west side. The only request that we're going to have on this is that once the decks are cut back that we take a look at it and approve it. I mean we're going to approve it subject to that. PATRICIA MOORE. An inspection ( That's fine, the Trustees also made the similar request in their initial approval. So, that's fine. BOARD SECRETARY KOWALSKI: I just want to ask. What are the setbacks Pat, for both sides jog total? PATRICIA MOORE: I can't tell from the survey. We'll have to get that to you. If you need it tomorrow we'll have to get it to you. BOARD SECRETARY KOWALSKI: Yes, thank you. MR. CHAIRMAN: Is there anybody would like to speak in favor of these two applications? Anybody like to speak against them? See no hands I'll make a motion closing the hearing reserving decision until later. MEMBER VILLA: I second it. MR. CHAIRMAN: All in favor? Page 91 -Hearing Transcript Regular Meeting - June 8, 1994 Southold Town Board of Appeals MEMBERS Aye 10:06 P.M. T-5 858 MR. CHAIRMAN: Appl. No. 4247 - HUGH T. and CAROL L. CONROY. This is a request for a Special Exception to establish an Accessory Apartment in conjunction with the owner's occupancy within existing residence as authorized under Article III, Section 100-30A.213 and Section 100-31B(14) of the Zoning Code. Location of Property: Westerly side of Gin Lane, Southold, NY. also referred to as Lot #2 on the Subdivision Map of Bay Haven filed in the Suffolk County Clerk's Office as Map 2910; further identified on the County Tax Maps as 1000-88-3-6 and I have a copy of a survey from Rodrick C. Van Tuyl, P.C., indicating this house and its approximate placement of this piece of property dated November 24, 1980 and I have a copy of the floor plans indicating the nature of this Accessory Apartment on the second floor area. I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. I will tell the audience that I apologize for this but before we get into the actual rebuttal we will be taking approximately a three minute recess at which time if anybody has not seen the file we'll furnish it for them along with a copy of the application that Mr. Conroy had to fill out and make ( ) which includes the standards for an Accessory Apartment. ;w BUILDING DEPP.RT 1ENT TOMN OF SOUTHOLD, N. Y. HOUSING CODE INSPECTION REPORT Location 985 Aquaview Ave. ('.East Marione knumoer do street) (i•iunicipality) Subdivision Map No. Lot S) Name of Owner(s) Ruth Rowe Occupancy A-1 Owner (type) owner-tenant) Admitted by: Richard Israel Accompanied by: Same C Key available Suffolk Co. TaxNo. 21-2-13 Source of request William H. Price' Date Dec. 4, 1990 MTELLING: . Type of construction WooD FRAME ' #stories t., Foundation POURED CONCRETE Cellar FULL ;Crawl Space Total rooms, lst. F1 2nd. Fl_ Ard. F1 Bathroom(s) ONE FULL Toilet room(s); ONE Porch, type REAR ENCLOSED Deck, type Patio, type Breezeway Garage Utility roam Type Heat OIL +Varm Airxx Horwater Fireplace(s) oNE No. Exits 2 Airconditioning Domestic hotwater YES Type heater BLECTRIC Other ` ACCESSORY STRUCTURES: Garage, type const. Storage, typ0,const. Swimming pool Guest, typ@.o4nst. Other DECK (TOP OF BLUFF)-DECK 6 BRICK 6 CONCRETE SUED (ON THE-BEACH) SET OF WOODEN STAIRS TO BEACH. VIOLATIONS:. Housing Code, Chapter 45 N.Y.!Statip'`t'niform Fire` Prevention s Rn+I Location Description ! atF' Art ~ Sec. Stairs to beac Exterior' stairs 'Porches, deck ~y ? ~."tijlw" T,.7,* CHAP- 43 decks." shall'be'maiataiaed u"`" r^ condition i i; ' n Remarks. ALL ACCESS RY STRUCTURES IN NEED OF RE _tAIR. Inspected by: m~ Date of xnsp.° 12/6/90 GARY,/. ,FISH Time dtartJO:3o end 10:50_ a:m. F FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector`, Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No Z-20500 Date JANUARY-24, 1992 THIS CERTIFIES that the building ADDITION & ALTERATION Location of Property_ 1035 AQUAVIEW AVENUE EAST MARION N.Y. House No. Street Hamlet County Tax Map No., 1000 Section 21 Block -2 Lot 13 i Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated_ JANUARY 24, 1991 pursuant to which Building Permit No. 19809-Z dated APRIL 25. 1991 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 ADDITION & ALTERATION TO EXISTING ONE FAMILY' DWELLING AS APPROVED BY THE ZONING BOARD OF APPEALS #4008, The certificate is issued to TONY & MARIA KOSTOULAS' (owners) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVALN/A } UNDERWRITERS CERTIFICATE NO. N-215208 - DECEMBER 3,__1941 PLUMBERS CERTIFICATION DATED JAN. 15, 1992 - GEORGE MARTIMEK i B ilding Inspector. Rev. 1/81 EXHIBIT C r. r A /~OsTo[/t 4s SURVEYED FOR:~K/Y I0 ! ,4,e%4 M TOWN OFSOC/`71-1000 SUFFOLK COUNTY N.Y. LOCATED ATE.4s7- "W&IOA-1 LOT • ~ , CO. CLK. NO. FILED ` MAP OF OESC.~/BEOOiDE - SCALE I" SUFFOLK CO TAX MAP DATA: E. ' r DIST./000 'F.SEC.DP/•DO _ O I~ u BILK. 02G+~ -LOT OMSETS QOM 51RUCTURE~ TO RELATIVE 60UNDP f ;i:1. » r ON ROM. ARE FOR A Z'4pp o SPECIK USE ONLY. AND F SH C D • ' OULD NOT BE USED FOR 0 n CONSTRUCTION OF fENCEi ~ A• _ ~ "aoO'n6's ~0 4 OR OTHER STRUCTURES. e 0 rvl ~ ~ ~ J ~ 0 F F rt~••' =yr-`F•-~/IW'=~ _ ~ sa. .~a~c-.r _ - 1..., x ~6 ~ w~w`a.+ ¢ ` .s -~S s - ~ A _ [~/~j - .s . ~,~06Tot/C.45 J ~ ~ ~ ~rLtS i ~ - ,s (f~ Gaics+6v TTr.E/,vsvP4rvc~ r, B`E'j f/ /b/ 990 BY E' i °~OB - f!3/9G t ' f ? 0 . ` lace, r SURVEYED A/OP _ WILLIAM R. SIMMO PIO BOX 377 JAMESPORT,.L.L, N.Y. 11947 PAGE Oro GRID D'45 FILE NO.A?7Qcf SURVEYED FOR: LOCATED AT67•4S7- /a•~.'O.V TCWN CF,,~CL/~ ~GGJ SUFFCLK CC ?J"! )d.'!. LOT MAP OF CO. CLK. NO. FILEC SCALE I a 30 s SUFFOLK CO. TAX MAP DATA:- l k DIST./Coo SEC.C2/G'O AIE"/ eLKLOT D/3G0 0 A ( 'G a raom snluTUlecs .0 ` TO RLAIM QOUNDR7 UNES• OI'I SMVEY. ONLY. AND V.L t.rl \ SPECIFIC USE -NLY. AND SHOULD NOT BE tW Foa b a F ~lAe'~ J ( ~a " IL w CONSTRUCTION OF FENCES 1 CR OTH& ffmaUREi Wit- ~.r • r o~..--' ggl T- C3f/4E~4(/TEEET~ - - ~(y - 6~eG- O ytfC•6 `J - - - - - _ ~~`,,t~.~~2ia y.~.~'_ ' • ~ cap ~°~~C~_ .~"3 4~ -IRW 71 ~ A . Q G'BL ~uiSEO . /~.u~.2. /992 T~ ~ X0823/96 ` ~ j Z J Zcl UNE /T /991 Sur P'0 3CX z,' rn 8 may- • : _ - - - ; _ • . 09A`NM 3Y,7 l .r ~ Tle :TIC }e . v b... .li..r h < .'Ki/ ~ 741:5 ~ r:. ~ y,~, Li... • i/ i , . I G;, ~X H 1.5 IT TIMOTHY COY-Fl-:y N RGERY&Ai iDSCrf,F' S List! F'.AUT-13R.j • ROUTE 25 SOUTHOLD, N.Y. 11971 15167 765-2554 DATE TO To WN o F- S o 7No t- SUBJECT Tt2v5T~~5 ~(~oSi~N G~N7i:oL U N /Z ICE CIS . C%VIS6 0 T)/17 i 1-11-15 3 E C Av ~ L /J c t-,O P04- PH V A olu ) A) ToP C)F -TA)5' 4+qq FC-E v PEA( ~,CJP U E_ CRv -=5lon) til1ATTiwcr 3 L6 C- ~w,v Poe- OF lc & A T 76,S- P554 Thl~yw/< ~o SIGNED - r U/LL®/FOAM ~C r reorder np. 7-45331 imprint no. 7-45331-1 .se.o~v.rnmwnnsr ea- - t Ywwwe~.vwnw.msv.r T..-vmnr . nr.~ i TIMOTHY •COFFEY NURSERY/LANDSCAPE CONTRACTORS ROUTE 25 SOUTHOLD, N/Y. 11471 [5161 765-2554 i f_ DATE w~LLS(/ fT~ TO 1 O SUBJEO,'r 90~ L J N 5 7p LL 7c /0 PLO 5TI C FLL6 W Q5 A RE 8( 1)A) GR~~No I 6F 17 ;I SIGNED eX H 151T H 1 n IBIImmffm f` M] 4"Pt II J kz 00, },,I00°~ CI f' 13 14 r 1 III ' it 1 ~ 1^V ~ ' I I `1 ry~ ¦1 1 N1~FUp t - I~~~ i ~{e ~1~ 1/ d s i ~ 3~~i iA r'fi.~ ~11.~4 y{YI{/ 11 a rI s 4{ G DV A. say f tttfff Ikk ` w ~ a r , i 17 {iii{ sp i IL i ) ~M s1 il~ ~41~ .1 +i gy4 Sri tr 1. 'vy i c ,JI. llr~ Y 666 L t d ~ 1 y~,f ~ ' i i~'r, +I~({ Ypr{. i ~r ,a . f r ~ i ~ I y 1 IIA~ d IY ~t}' ~ ~ ~ 1 { F~ F~1,1 1~1 t ,17 { - k t ' { c !iisl~ vl t~ &I:y t~ 4k 4,^rfi C 6~~~11 ~ cr s ~I i i ' ~ k~ ~ k' ~r y' r t 1 / d 6 I 0 ,1 9. r. i { ~ ~ ~ + SIC ti ~c~ '~~a ~i a tk ~ a y 9 ) Y~!) e ~ I Y r eaiiiq~ ~~A L ~ it~~ ply . JY ` Y ~ . 4~~, ~ ~~'`?Su ` ~ , 1 Yu~ ~ ~ ~'I ~ , ~ i. { T~/~ e d~. r~{~~.}~~bqk-, i.Ml 1 •V,~!{/ 1~ ~ r5 ~Y ~ !1 ~i.yy{{{ ~ 111 ~pg~ Y e N v la,i~l~ 5~~ ~~~b~~ (Ir7~'. Ct• {Sk,~l a f¢'~ ~ , r 1 Ir.I t,. ..n., W~ti. FISI.Y. $.Y',1.9! 6Ii 141 ~'d~tl~•a A ~~,S A!.. i . , ~ , MIR TIP BMW Q ZIP S t 41 L ~A -14 ? .r -.ate >•m.x_ _ F10 f/~.€~•. ~-^~.~s ou ~r r. ~-`~•'G ..~3 Y=om ~ ~ ~ ~ ZaAlllse~lww®!fll~R b` 1~ n ° « - ~ ••..a~ 1. _ jg~ ~:3 ? „ 11 a 1.1 111 111 • .i f a,-.d rnem &-,-s cV4 tAx Zan: UaWd of Alleeals; elfVe ne~f door. 7`p t ~ Dn y and k05tou/as and . hcwe .L",l Xn ~nfoirned 'mat tie.. K'os-t-ou/q a ~ ;,;;need _ q Varrarnc c far -Mci l-- (:Yeck ? .;i'.. l wish -to adV;j e ~._<< Zonircr ,60ird of 4ppeal,5 McLt -:7---ciG Y? _in J J~qoit 07 WW Zonlnq 609rd .rapped,[ . die deck ha S /?o c im~z on _ us M and we -enJ oy `the bea"h'-fi' -house dec. GZ12d far d please 6ian~ ZA.r Vctrcaae-i regve~57bd. r: APPEALS BOARD MEMBERS , Southold Town Hall Gerard P. Goehringer, Chairman 53095 Main Road Serge Doyen, Jr. JJJ P.O. Box 1179 James Dinizio, Jr.' ' - Southold, New York 11971 Robert A. Villa i Fax (516) 765-1823 Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD June 13, 1994 Patricia C. Moore, Esq. 315 Westphalia Road P. 0. Box 23 Mattituck, NY 11952-0023 Re: Appl. No. 4248 - Tony and Maria Kostoulas Dear MS.s u e< < ~Moore: We enclose a copy of the sketch furnished to the Board at our June 8, 1994 Regular Meeting, and ask that you please provide all dimensions•(measurements from the existing foundation) which are proposed to remain. Also, please include the walks within the side yards and the distances where the deck protrudes past the established side yards. It might be easier if the owner or a representative were to go out to the premises and measure the construction at all points. We attach a copy of the sketch which was furnished in order that the additional information may be furnished together with the setbacks between the raised construction (including raised walk in the sideyards) at all corners. Thank you. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN ~Cic-ii~t-~ By Linda Kowalski Enclosure Fax Transmission 298-5664 I 005A Kurfo ~ I 1 + pdM1d ~ ud IW*'1 L~ x I I I t z: I 1 q I ~ I ~:T 6 dl `IIIpI ti' w I! ; 411 w ! "SA e ugoc{? III°~q 1 I I I 4~ l 1 x ~~aat~Ix~ III' I ,fir 41~'~x M1I Y. ~ I.a 'r gFIZv jR ~ J M1al'ggM1'I.: i 119jdy ~ly'L q~d. ':F~~ 1~ 1~ '.I- 1Yx ,'x° y all,." Ia I} I I,~I~I ~1 1'j-6P ill ~ x 'I ~ qd 'ge'l ll1 ~~I1 P { ..~y{Illli ~Ip ykly; I I IIY Ill uq y.. i4 I . ''1 °1111 ~ iyl q 11611 ~I NI 1 I I ~ l11111i °y11 ?I` 11I1'1wl x~j' rFM1 lir T' "IifiN11 111 I 14MNO MfF~l; xr 1 11 0 '0.il ~Ilu' VII I~' i 1 i A, 1 1 I'V IT A'y, ~ gal I ~ ' IB ~Ni' ~?k lq ' I' 1111 51 i v ull 111 y II I PM1 ~~II r9 11 W~, L.I~161 x t4l'yI. 111 q; H 1 ld r 6 l7r ull' lllp w 4.4 I 4111 n f Y 1 r 1~.~ r,: t 6a: w I! ' ~I~ i 1 r ! i., ~y4 'IIy17Y1GiJ UlV~ •`J 4 III y, iy ..y If :y.lll IIW 411.. II 1 19 !]7r' ;or:x'IV dH ICI y i!il i l1.,-: *J f 7Xe L ` ~cE'~ r I U zctyyL<ce 'ad u-alkS C ~ cr` L (c/v K - ~51b) T b5 - i 7 r Z 30tld 006SSLLZIZ 'OI .LNBNXHVd3U NOTS30 VHOAN 'N02I3 Sb'SI bS-SO-Nflf vFFO(t Albert J. Krupski, President~4~ OG Town Hall John Holzapfel, Vice President 53095 Main Road William G. Albertson o at P.O. Box 1179 Marlin H. Carrell r." Southold New York 11971 Peter Wenzel".ir~l Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES 1 C~ 17 TOWN OF SOUTHOLD JUN-2M i June 2, 1994 Patricia C. Moore Moore & Moore 315 Westphalia Road P.O. Box 23 Mattituck, NY 11952 RE: Tony Kostoulas SCTM #1000-21-2-13 Dear Mrs. Moore: The following action was taken by the Southold Town Board of Trustees on Thursday, May 26, 1994: RESOLVED that the Southold Town board of Trustees grants approval to the above referenced property as per alternative #1 and the conditions of the permit enclosed. If you have any questions, please do not hesitate to contact this office. 4Ldere 1, Albert J. Krupski, Jr. President, Board of Trustees AJK:jmd cc: Zoning Board of Appeals Building Dept. TRUSTEES y:Jti7 -U SUPERVISOR John M. Bredemeyer, III, President`' Gyt~ SCOTT L. HARRIS Albert J. Krupski, Jr., Vice President °w Henry P. Smith Town Hall John B. Tuthill 53095 Main Road William G. Albertson P.O. Box 1179 Telephone (516) 765-1892 x Southold, New York 11971 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD October 22, 1992 ACTION OF THE SOUTHOLD TRUSTEES ADMINISTRATOR COASTAL EROSION HAZARD AREA variance application of TONY KOSTOULAS SCTM #21-2-13 to construct a 670 square foot deck within the boundary hazard area. PERMIT HISTORY AND FINDING OF FACTS 1. On March 17, 1992 an approximate 670 square foot deck was noted near completion within the Structural Hazard Area at SCTM #21-2-13 without the required permit approval of the administrator. 2. An application was received for a variance pursuant to the Coastal Erosion Hazard Act on March 25, 1992 in response to a notice of disapproval from the Building Department of March 2, 1992 and subsequently inspected by the Trustees on March 17, 1992. 3. The Southold Town Building Department allegedly permitted the deck construction to be completed so as to prevent a hazard to the Kostoulas children from trip hazards and the bluff precipice. 4. Pursuant to 37-6 the deck is wholly constructed on the bluff in that all construction is within 25' of the point of inflection. 5. The deck which is approx. 670 square feet is more than 25% greater in surface area than the house and existing deck which are approx. 1200 square feet and as such is defined as a major addition. 6. A variance is required pursuant to 37-17 A3 in that the addition is not the permitted minor addition allowed by Section 37-17 B. Additionally there are concerns that the structure contravenes the stated purpose of 37-17 A5 in that the activity may have resulted in unnecessary "soil disturbance that directs surface water run-off over a bluff face". 7. After the time of application, the applicant installed erosion control fabric and several tiers of low terracing beneath the deck areas without authorization from this office. 8. The bluff on site appeared to be free of active erosion at the time of inspections which were made on March 17 and May 21, 1992. 9. The bluff face was noted re-vegetated with ornamental/non-indigenous plant species and heavily mulched in contrast to accepted soil stabilization practices for bluff areas which should be heavily seeded with "known" erosion control species. 10. The deck in question and the pre-existing deck over the bluff cast shade over the point of inflection of the bluff. 11. The deck is not considered easily movable, although easily removed, and as such is at variance for Section 37-13 B: "the construction of non-movable structures on the placement of major-non-movable additions to an existing structure is prohibited" (in a structural hazard area) 12. The deck slopes toward the bluff and there is a serious question that rain run-off is not properly directed and collected for re-charge ahead of the bluff. 13. On July 30, 1992 an agency negative declaration pursuant to SEQRA was issued for this action which is considered an unlisted - uncoordinated action. 14. On September 17, 1992 a public hearing was held pursuant to the Coastal Erosion Hazard Act. 15. No one spoke against the application at the public hearing. DETERMINATION (conditioned approval) Whereas the deck in question could not readily occupy another site on the property. Whereas the deck in question does not reasonably mitigate the adverse impacts of run-off and shading in close proximity to the bluff face. Whereas the deck in question will not be reasonably safe from erosion damage. Whereas the variance requested is not the minimum necessary to properly protect the bluff from erosion and exacerbate the potential negative impact of the existing deck over the bluff. ~ i Whereas the Board of Trustees is of the belief that the deck should not diminish the natural soil keeping features of the bluff to the extent that erosion control vegetation will not thrive. and Whereas the Trustees have considered that all the facts surrounding this application for a variance pursuant to the Coastal Erosion Hazard Act the application is approved with the following conditions: 1. The deck constructed in March of 1992 and subject of this application shall be shortened 8 feet so that it is no closer than 10 feet to the point of inflection of the bluff thus permitting light penetration and vegetative stabilization of the bluff. 2. An alternative 4 feet shortening of the deck subject this application and removal of the entirety of the pre-existing 14' X 22' deck over the bluff-face shall be considered equally with condition number one above at the applicants choice. A maximum 8' X 8' landing would be permitted in lieu of the 14' X 22' deck. 3. The entirety of the bluff shall not be vegetated/re-vegetated or altered in any fashion except for the minimal disturbance needed for the removal noted above without the express written permission of the administrator. 4. Drywells shall be installed for the rear of the house. 5. A soil stabilization and planting plan approved by the Soil Conservation Service shall be submitted for the top most 20' of bluff adjacent to the removed deck prior to said deck removal. 7. An inspection of the deck removal, soil stabilization and drywell installation shall be called for prior to. IC711 In order to avoid the need to post a bond or consider legal action for the existing illegal construction, a notarized statement shall be submitted to the Trustees within one month of this approval indicating your concurrence with the provisions of this permit, your choice of #1 or 2 above and your agreement to abide by all of its terms. c.c. Southold Town Zoning Board of Appeals Bill Southard, NYSDEC r;2 MOORE & MOORE Attorneys at Law 1Y j 315 Westphalia Road P.O. Box 23 i Mattituck, New York 11952 Tel: (516) 298-5674 Fax (516) 298-5664 William D. Moore Margaret Rutkowski Patricia C. Moore Secretary May 18, 1994 Southold Town Trustees Southold Town Hall Main Road Southold, NY 11971 Re: Kostoulas Coastal Erosion Hazard Permit 46-15 Coastal H.H. Areas Dear Southold Town Trustees: As you recall, an appeal was filed to the Southold Town Board in their capacity as Coastal Erosion Hazard Board of Review seeking to modify action taken by your Board in their conditional approval dated October 22, 1992. After a public hearing on the appeal before the Southold Town Board, your Board returned with two alternatives which the Trustees proposed to resolve the pending appeal. Mr. and Mrs. Kostoulas have considered the two alternatives proposed and they will accept Alternative #1 (enclosed for your convenience is the survey showing Alternative #1 as drawn by your Board). We respectfully request a permit consistent with the diagram shown as Alternative #1. We hereby simultaneously transmit this letter to the Zoning Board of Appeals in order to apprise them of the anticipated Coastal Erosion Hazard Area permit, and to amend the relief requested of the Zoning Board of Appeals so that it will be consistent with the approval of your Board. If you have any questions, please do not hesitate to call. Very truly yours, PCM/mr Patricia C. Moore Enc. / cc: Southold Zoning Board of AppealsL. Mr. & Mrs. Kostoulas f,,. SURV_YED FOR: tr .'t/1G.i?~q li? •f_'C5 c~/GAS LOCATED AT T Ali' LOT TOWN OF JQ(/ j~/~GU 1, ti'AP OF OC$ SUFFOLK COUNTY r....- s f' SCALE 1 : , 30 CO. CLK. NO. Y { ' SUFFOLK CO. TO FILED BLK 4A • OfP-Em FROM., `IF Y ap SpEcif P e V V sC 0 ,Z~ i -4; cow Olt aer, 6? h ~t 4 a e 4 ' ~ _ - .ate ? ~ ~fOC ~ ~ G, 11 ~ ~ ~ 7-3 r t% V. y,... y~'L'11.3T ~ 4 .•d~i.~as~ a ~?e$~"",' G•+*'' 1~ ~f _ - - • - r ~ C~.- ~s . X77 +F'kf s+~-T'~S°•'-~'•"+,1 ' r ~~la-t'%~ -.y...'f,T~.-.~:~ T `~SeY w 411 -ZLZ Ol e. ~i ~ 0 tlz ~ I t ~ 1 ? T~ .~oB 83/96 j r A,d•.? a~j~.. RVEYEDNGYo/Jr?UU_N WILLIAM R. SIMmC I •~G~~e-t ~1)^P 0 Pt0 BOX 37/' DRA'YN BY FILE NO.IZ~CB JAMESPQflT, L. L, N- s - - PAGE 2G GF 7:50 p.m. Appl. No. 4245- Drive Orient, Lot No. 7 12. 8:35 p.m. Appl. 4247- BOARD OF APPEALS GORGE AND SUSAN on the Map rand View HUGH T. and CAROL L. .i TOWN OF SOUTHOLD TSAVARIS. This is a request Estates; County Tax Map CONROY. This is a request NOTICE OF for a variance under Article Parcel No. 1000-14-2-3.11. for a Special Exception to HEARINGS XXIII, Section 100-239.4A for 8. 8:15 p.m. Appl No. 4241- establish an Accessory Apart- PUBLIC permission to locate swimm- RICHARD LAN. This is a re- ment in conjunction with the NOTICE IS HEREBY ing pool with fence enclosure quest for a variance under Ar- owner's occupancy within ex- within 100 feet of the bluff of ticle ILIA, Section 100-30A.4 isting residence as authorized GIVEN, pursuant to Section the Long Island Sound. Loca- (ref. Article III, Section under Article III, Section 267 of the Town Law and the tion of Property: 2170 The 100-33) based upon the May 4, 100-30A.2B and Section Code of the Town of Strand, Lot Ill at Pebble 1994 Notice of Disapproval Southold, that the following j of the Zoning Beach Farms, East Marion, from the Building Inspector in Code. Code. Location of Property: Public hearings will be held by NY: Parcel ID No. 1000-30- a building permit application `Westerly side of Gin Lane, the SOUTHOLD TOWN 2-53. to construct pool and deck in Southold, NY; also referred to BOARD OF APPEALS, at 5. 7:55 p.m. Appl. No• the front yard area, as an ac- Lot the Southold lbwn Hall, No. 2 on the Subdivi- 42445E- DEPOT ENTER- cessory use. Location of Pro- si Sion Map of Bay Haven filed 53095 Main Road, Southold, j PRISES, INC. This is a re- perty: 230 Bridge Lane, Cut- in the Suffolk County Clerk's' New York 11971, on quest for a Special Exception, chogue, NY; County Tax Map Office as Map 2910; further WEDNESDAY, JUNE 8, as amended, to include ap- Parcel No. 1000-111-15-1.4 and identified on the County Tax 1994, commencing at the proval for the location and use 1.5 (Tax Map Parcel No. 1.4 Maps as 1000-88-3-6. times specified below: ~ ( of a proposed addition to the totals 2.478 acres and Parcel 13. 8:55 p.m. Appl. No. 1.7:30p.m. Appl. Na 4235 existing principal building Na 1.5 totals 1.088 acres). The d710_ AJAROARET I BEST KIM FALLON AND CYN-I located at 320 Depot Lane, subject premises is located in ~.rAD P request for a vRSON THIA SUTRYK. (Hearing ` Cutchogue, New York. The an R-40 Low-Density Residen- This is a a request a v Continued from May 4, 1994) Proposed addition is an expan- tial Zone District. ariance This is a request for a variance Sion of the 9.8:20 p.m. A under Article f , Section existing recrea- ppl. No. 4243 100.30.1 based upon y based upon the April 4, 1994 tional membership club and is - MOORE'S LANE 2 the Notice of Disapproval from HOLDING CORP. This is a , 1994 Notice of Disapproval located in the Residential- by the Building Inspector for the Building Inspector to g Ins Office (RO) Zone District. request for a variance under locate accessory building in property ID No. Article V Section 100-53B, approval of the proposed in- the front yard area. Location . sufficient lot area and opose - 1000-102-2-12.1. Section 100-31C (ref. Section cient lot width of -so of Property: 3200 Soundvie-v 6. 8:05 p.m. Appl. Na 4249- 100-33), and Section 100-231, parcels No. I and No. 2. Loca- Avenue Mattituck, NY; Court- SANFORD AND SUE based upon the May 4, 1994 ty Tax Map Parcel Notice of Disa tion of Property: Private Road 1000-942-5. HANAUER. This is a request pproval from No. 17 extending off the for a Special Exception to the Building Inspector for per- eastcrl side of Camp Mineola 2.7:35 p.m.Appl. Na 4234 establish and operate a Bed mission to locate acessory uses .Y ALEX AND MARION and Breakfast in accordance (tennis court, swimming pool Road, Mattituck, Parcel WIPE (Hearin Continued ty Tax Map Parcel No. l No. from May 4, 1994 . This is a with the provisions of the zon- and pool clubhouse) in an area 1000.123-6-17, The subject ing code at Article 111, Section other than the required rear .2 request for a variance under 100-31B(15), with owner- yard, and with tennis-court premises contains a total 1lot Article III, Section 100-33C occupancy, and as an ac- fencing at a height of more area of approximately 1.2 for permission to locate an ac- e acres in total area and is cessory to the existing grin- than four r feet when located in cessory garage with a fron- I a front located in the R 40 Low-, i cipal residence. Location of yard area. Location of Densit tyard setback at less than the Property: 4105 Soundview Property: 475 Cedarfields Y Residential Zone required 40 ft. front yard set- Avenue, Mattituck, NY: Coun- Drive, Greenport, NY; Coun- District back. This parcel is noncon- The Board of Appeals will ty Tax Map Parcel No. ty Tax Map Parcel No. at said time and place hear forming with a lot area of ap- 1000-94-3-part of 1.7, also 1000-40-5-1.42. The subject any proximately 22,000 sq. ft. and and all persons or represen- known and referred to as Lot premises is located in the frontage of 118 ft. Location of the adesiring to be heard in No 2 on the Subdivision Map Hamlet Densuy Zone District. the above matters., Written - Property: 940 West Creek of Robert"and'Jean Leniet 10. & 11. 8:25 p.m. TONY comments may also be sub- Avenue, Cutchogue, NY; 7. 8:10 p.m. Appl. No. 4240- AND MARIA KOSTOULAS. mitted nor to the conclusion County Tax Map Parcel No. JOHN CROKOS. This is a re- P 1000-1,03-I3-7. Location of Property: 1035 of the subject hearing. Each quest for a variance under Ar- Aquaview Avenue, East hearing will not start before 3. 7.40 pm. Appl. Na 4246- ticle XXIX, Section 8 LKC CORP. and JASTA, Marion, NY; County Tax Map yo times designated above If 100-239.4A based upon the Parcel No: 1000-21-2-13. This INC. This is a request for a May 4, 1994 Notice of Disa - You wish to review the files or Special Exception for permis- P property is nonconforming as need to request more s a- proval from the Building In- ! to total lot area in this R-40 lion lease do not hesitate itate to sion to establish a drinking spector for P establishment • use as listed permission to Zone District. call 765-1809 or visit our locate swimming pool with Appl No. 4098 - Continued office under Article XI, Section fence enclosure within 100 feet Hearing) This is a request for Dated: May 23, 1994 100-101B in an existing prin. _,Qf the bluff along the Long, a variance under Article BY'ORDER OF THE t t Sipal building. The subject Island Sound. This property XXIII, Section 100-239.4 for SOUTHOLD TOWN'. premises is. nonconforming was the subject of prior Ap- approval of a deck extension BOARD OF APPEALS with a lot area of approx. peals under Appl. No. 4204 as GERARD P. GOEHRINGER located within 100 feet of the imately one-half acre and rendered 12/8/93 and Appl. bluff of the Long Island CHAIRMAN 115± ft. frontage along the No. 4140 as rendered 2/23/94. Sound. north side of the Main Road The subject premises is im- By: Linda Kowalski Appl No. 4248- This is a re, 1X-5/26/94(40) and is located in the B-General proved with a single-family quest for a variance under Ar- Business Zone District. Pro- . dwelling and contains an area ticle IIIA, Section 100-30A.3 perty Address: 6955 Main of approximately 40,000 sq. ft. for approval of a deck addi- Road, Laurel, NY, County Tax (total lot area). Location of tion with insufficient side yard 5 %a-_ w,_ 10 .1, 1 Prnnerty 7110 mend Viw. COUNTY OF SUFFOLK STATE OF NEW YORK ss: y Patricia wood, being duly sworn, says that she is the Editor, of the TRAVELER-WATCHMAN, a 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 Traveler-Watchman once each week for......... / .weeks successively, commencing on the day of , 19...... r.~ SW to before me on this ..day of 31 , 199 ...........v. Notary Public BARBARA A SCHNEIDER NOTARY PUBLIC, State of New Yale No. 4806846 Qualified in Suffolk C Commission Expires k 13112y I'---.. yard. anti garage with a frontyard settaca at tes- required rear Y duly SWOM, Says LnaL xxe/ aux. than the required 40 ft. front yard a court fencing at a height of MOM than . This parcel is ngnco>el four feet when located in a front Yard f THE SUFFOLK TIMES. a beck with a lot area of appro y area. Location of property: 475 published at Mattituck. in 22,000 sq. ft. and frontage of 18 it. Cedarfields Driveparcel , No. 1000-4()- County remises is located uthold, of Suffolk an Location of ProPeny: N; West Creek county Tax Map 5-1.42. The subject p • k. at the Notice of which Avenue. Cutchogue. NY; County Tax Zane District. and th Map Parcel No..1000-'0 Nos-4'246 - in the Namlct-pensity NY and 3. 740 p.m. APP I- 10.8 it. 8:25 P•m• on of printed copy, has been reguisr- LKC CORD, and JASTA, INC. This MARIA KOSTOULA iew Avenue. each week is a request for a Special Exception for Property: 1035 Aquav Tax Map Newspaper once permission to establish a drinking Eas' Marron. NY: County establishing use as listed under Article panel No. 1000-21.2-13. This prop- successively, COIIWeIICirig an as in total la f 1A f/y / a 1 . ^ XI. Section It)D-1018 in an existing arty is nonconforming R-40 Zoe Disurict. / 111 t principal building. The subjelot ct area of area in this (C es is nonconforming With LSt APpl. No. 4098 - ontinued approximately one-Ralf acre and I Nearing) This is a request for a a /n• ft. frontage along the north side of the variance under Article XXIII Main Road and is located in the B, Section 100-239.4 for approval of a ! i General Business one Districd deck extension located 100sland ` principal Clerk property Address: 6955 Main Road, feet of the bluff of the Long IL Laurel, NY: County as Map No. Sound. 'r - ^J re- 4248 -3.'f it is a Article 1000-122-6-36. _ PAL No. d le ~J• 4 7:50 P.m. APPI- No. 424 g 5 uest for variance under c. Section 100-0A.3 for a- e this GE IIIA ORGE and SUSAN TSAVARIS. l of a deck addition with inn- This is a request for a variance under sufficient side yard setbacks. t1 Article XX111, Section 100-239.4A for P rova 1 etba - HUGB' 19 permission to locate swimmingpool I~ 8:35 p.m, App with fence enclosure WitlslandOSoup of T. and CAROL L. CONROY-This is the bluff of he Long 2170 The a request for a Special pxartment in Location of Propert y: establish an Accessory P Strand. Lot 111 at Pebble Beach con unction with the owner's occupan- Marion. NY; Parcel ID 1 cy within existing residence as autho- No. 1000-30-2-53. I No. 42445E - rued under Article III, Section 100- _ 5, 7:55 P.M. ApP 30A.2B and Section 100-316(14) of DEPOT ENTERPRISES, INC. This the Zoning Code. Location of is a request for a Special Exception. as property. Westerly side of Gin lane. amended, to include appr the Southold. NY: also referred to az Lot location and use of a proposed addi. 02 on the Subdivision heap of Bay lion to the existing principal building Haven filed in the Suffolk 0 fCounty urther located at 320 Depot Lane. Cutchogue, Clerk's office as Map New York. The proposed addition Is identified on the County Tax Maps as an expansion of the existing recce- 100p,88-3-6. ational membership club and is located 13 8i55 p.m. Appl. No. 4239 - in the Residen(ial-Office (RO) Zone District. Property ID No. 1000.102-2- MARGARET BEST and ADYLY SYVERSON. This is a request for a 12.1. - variance under Article ILIA. Section 6. 8:05 p.m. ApP1. No. 4249 100,30A.1 based upon the May 2. SANFORD and SUE HANAUER. 1994 Notice of Disapproval by the This is a request for a Special Ezcep- Building Inspector for approval of the Lion to establish and operate a Bed and roosed insufficient lot area and Breakfast in accordance with the Pro". iPnsufficient lot width of proposed visions of the zoning code at Article parcels Ml and M2 Location of ProP- ID. Section 100-3111(15), with owner- erl Private Road #17 extending off occupancy, and as an accessory to the the easterly side of Camp Mineola existing principal residence. Location Road. MatliWCk, NY; County Tax of Property: 4105 Soundview Avenue. Map parcel uc 1000-1 Coon 7. The NO 3-6-1 panel No. - County Tax Map subject remises contains a total lot Parcel No. 100000-94-3-Part of 1.7, also area of approximately 12 acre(s) in known and referred to as Lot No. _ on total area and is located in the R-40, the Subdivision Map of Robert and Low-Density Residential Zone Dis- Jean Lenzer. 7. 8:10 p.m. APPL No. 4240 - trice Board of Appeals will at said JOHN CROKOS. This is a request time and place hear any and all per- for a variance under Article XXIX, or representatives desiring to be Section 100-239AA based upon the sons heard o the above matters. Written May 4. 1994 Notice of Disapproval COmmtnts may also be submitted prior from the Building Inspector for per- to the conclusion of the subject hear- mission to locate swimmingpool with n In Each hearing will not start before fen" enclosure within 100 feet of [hell the times designated above. if you. bluff along the Long Island Sound. wish to review the files or need to This Property was the Nsoubj subject of Prcnr request more information, please do Appeals under APP not hesitate to call 765-1809 or visit dered 12/8/93 and Appl. No. 4140 as our office. rendered 2123193. The subject premis- Dated: May'23. 1994. es is improved with a single-family BY ORDER OF THE SOUTHOLD, dwelling and contains an area of TOWN BOARD OF APPEALS approximately 40,000 sq. ft. (total lot GERARD P. GOEHRINGER area). Location of Property: 2110 CHAIRMAN Grand View Drive. Orient, NY: Lot By Linda Kowalski NOTICE _ No. 7 on the Map of Grand View PUBLIC HEARINGS Estates: County Tax Map Parcel No. 7935-ITM ~6 NOTICE IS HEREBY GIVEN. 1000-14.2-3.11. I No. 4241 - 6. 8:15 p.m. App . pursuant to Section 267 of the Town Law and the Code of the Town of Rvan'ancellunder4 AThrticleisIIIAq. Section Southold, that the following public hearings will be held by the 100-30A.4 (ref. Article III. Section SOUTHOLD TOWN BOARD OF 100-33) based upon the May 4, 1994 APPEALS, at the Southold Town Budding If Disapproval th it Perm Hall, 53095 Main Road, Southold, cator in in a pool and deck New York 11971, on WEDNESDAY, application to construct JUNE 8, 1994, commencing at the in from Location of property: 2 2accessary 30 Bridge time specified below: 1. 7:30 p.m. App). No. 4235 - Lane. Cutchogue, NY: County Tax KIM FALLON and CYNTHIA Map Parcel No. 1000-I 11-15-1.4 and SUTRYK. (Hearing Continued from 1.5 (Tax Map Parcel No. 1.4 totals May 4. 1994). This is a request for a 2.478 acres and Parcel No. 1.5 totals I variance based upon the April 4. 1994 1.088 acres). The subject premises is ,,at from the located in an R-40 Low-Density Notice of Disappr Residential Inspector to locate accessory . gna0Zone Appl LANE HOLDING . No. 4243 - building in the front yard area. OGRE'S I Location of Properly: 3200 Soundview CORP. Avenue. Mattituck, NY; County Tax der Arr tticle V Section 100-53B, Map parcel j000.94-2-5. 2. 7:35 p.m. Appl. No. 4234 - Section 100-31C (ref. Section 100-33), I Lj.raJ ffl]~1~ APPEALS BOARD MEMBERS Southold Town Hall Gerard P. Goehringer, Chairman °a 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 71 James A. Villa - Southold, Fax (516) 765-1823 Robert Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD May 24, 1994 TO: Applicants RE: Public Hearings - June 8, 1994 Dear Sir or Madam: We are in receipt of your recent application under the:Southold, Town Zoning Ordinance and have forwarded notice for publication this, week to the-local and official newspapers of the Town, to wit: Long Island Traveler and Suffolk Times. Copies of your file have been distributed to the Board Members for additional review and individual on-site inspection; expected within • the next 10 to 14 days. If you have not already staked the proposed new construction, we ask that you please do so immediately. It is requested that one of the property owners, or if the property owner is not available, then someone fully familiar with the property, appear at the public hearing at, the time specified in the attached Legal Notice. If your presentation should be lengthy, a draft or final written copy is always appreciated. You should feel free to submit additional documentation to support this application-at any time before, or during, the public hearing: Please do not hesitate to call our office if you have questions concerning your application or related matter. Yours very truly, Linda Kowalski Clerk, Board of Appeals Enclosure Copies of Legal Noticetnt to the following 5/24/94: • Cynthia Sytruk and Kim Fallon 55 Harbor View Avenue Mattituck, NY 11952 Mr. and Mrs. Alex Wipf 940 West Creek Avenue Cutchogue, NY 11935 LKC Corp. P.O. Box 843 Jamesport, NY 11947-0843 Mr. and Mrs. George Tsavaris 2170 The Strand P. 0. Box 385 East Marion, NY 11939-0385 Dr. Joseph Lizewski Depot Enterprises, Inc. 320 Depot Lane Cutchogue, NY 11935 Mr. and Mrs. Sanford Hanauer 4105 Soundview Avenue P.O. Box 281 Mattituck, NY 11952-0281 Attn: Keith Keller-Sandgren Associates 10 Mineola Avenue Roslyn Heights, NY 11577 Mr. James Fitzgerald P.O. Box 617 Cutchogue, NY 11935-0617 Moore's Lane Holding Corp. P.O. Box 1143 Cutchogue, NY 11935-1143 Patricia C. Moore, Esq. P.O. Box 23 Westphalia Road Mattituck, NY 11952-0023 Mr. and Mrs. Hugh T. Conroy Dr./Mrs. Robert Hariri 380 Gin Lane 61 Lafayette Avenue Southold, NY 11971 Chatham, NJ 07928 Scheffs Trust M/M Demetrio Laveglia 3100 Soundview Avenue 97-24 116th Street Mattituck, NY 11952 Richmond Hill, NY 11419 Copies to TB, BD, PB, TA Departments APPEALS BOARD MEMBERS o~pS~FFO(~ coG Gerard P. Goehringer, Chairman y x Serge Doyen, Jr. p • Town Hall, 53095 Main Road James Dinizio, Jr. y O~ P.O. Box 1179 Robert A. Villa Southold, New York 11971 Richard C. Wilton Fax (516) 765-1823 Telephone (516) 765-1809 BOARD OF APPEALS Telephone (516) 765-1800 TOWN OF SOUTHOLD May 20, 1994 S.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 4248 Project/Applicants: Tony and Maria Kostoulas County Tax Map No. 1000- 21-2-13 Location of Project: 1035 Aquaview Ave., East Marion, NY Relief Requested/Jurisdiction Before This Board in this Project: Deck addition with insufficient side yard setbacks This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted; however, Section 617.13 of 6 NYCRR Part 616, and Section 8-0113 of the Environmental Conservation Law, this variance application falls under the Type II classification as established by law. Further, this Department may not be an involved agency under SEQRA {Section 617.13(a) as amended February 14, 1990). Although this action is classified as Type II for this variance application under SEQRA {specifically 617.13, 616.3(j), and 617.2(jj)), this determination shall have no affect upon any other agency's interest or SEQRA determination as an involved agency. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. Original posted on Town Clerk Bulletin Board, Town Hall Copies to applicant or his agent and individual board members. Copy placed in ZBA project file for record purposes. me r ~oc~~fFOLK~OG~ JUDITH T. TERRY Town Hall, 53095 Main Road am P.O. Box 1179 TOWN CLERK Southold, New York 11971 REGISTRAR OF VITAL STATISTICS VO e. Fax (516) 765-1823 MARRIAGE OFFICER •j'vl ~a~ Telephone (516) 765-1801 RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: SOUTHOLD TOWN ZONING BOARD OF APPEALS FROM: JUDITH T. TERRY, SOUTHOLD TOWN CLERK RE: ZONING APPEAL NO. 4248 DATE: MAY 20, 1994 Transmitted is application for a variance submitted by Moore E Moore Attorneys on behalf of TONY S MARIA KOSTOULAS together with notice to adjacent property owners; Short Environmental Assessment Form; Zoning Board of Appeals questionnaire; Notice of Disapproval from the Building Department; together with survey and other relevant documents. Judith T. Terry, W~ Southold Town Clerk APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman i cz ua r ! Serge Doyen, Jr. i, Town Hall, 53095 Main Road James Dinizio, Jr. P.O. Box 1179 Robert A. Villa Southold, New York 11971 Richard C. Wilton Fax (516) 765-1823 Telephone (516) 765-1809 BOARD OF APPEALS Telephone (516) 765-1800 TOWN OF SOUTHOLD May 6, 1994 William D. Moore, Esq. Moore & Moore 315 Westphalia Road Mattituck, NY 11952-0023 Re: Appeal No. 4098 - Tony and Maria M. Kostoulas Dear Mr. Moore: We have not had any communications from the applicants or their agents in the above. matter since April 29, 1993. The last communications received was that your office was to submit full documentation to the Town Trustees and appear at their May 1993 hearings calendar. The Board of Appeals is returning this application to the calendar for a final hearing on June 1, 1994 without further delay or postponement requests in behalf of the applicant, and for a final disposition. If there is no appearance, a determination is expected to be made based upon the record before the Board at that time. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN Ik MOORE & MOORE Attorneys at law 315 Westphalia Road P.O. Box 23 Mattituck, New York 11952 Tel: (516) 298-5674 Fax: (516) 298-5664 William D. Moore Margaret Rutkowski Patricia C. Moore Secretary May 20, 1994 BY HAND Southold Town Board of Appeals Southold Town Hall Main Road Southold, NY 11971 Re: Tony and Maria Kostoulas Premises: 1035 Aquaview Avenue, East Marion, NY SCTM # 1000-21-02-013 Dear Ladies/Gentlemen: Enclosed please find the following submitted for a variance for the above referenced property: 1. Notice of Disapproval (We do not have a copy of the original Building Permit application. It was not submitted by us. It is on file in the Building Department.) 2. Application 3. Original and revised Notice to Adjoining Property Owners 4. Short Environmental Assessment Form 5. Z.B.A. Questionnaire 4. Certificate of Occupancy 5. Seven copies of the survey 6. Filing fee check payable to the "Southold Town Clerk" Photographs and plans were previously submitted with variance application for Article 23 Section 100-239.4A as Appeal No. 4098. If you have any questions, please do not hesitate to contact us. Veruly yours, Patricia C. Moore PCM/mr y v Encls. P~ kb4 r a~deya.c~ RECEIVEt a MAY 2 0 1994 Southold Town Clerk. TOWN OF SOUTHOLD. NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. _ DATE TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, ()E) ..M: ! R.. hNA. ?bN !...Ki T0Q LAS of ...a?Jr33r ...~RY~..... ~~acl Name of Appellant Street and Number 1at?:b4X ....N.:/........... 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 .....TONY ."9"m MA2A-0`_....K05T-c&)L;,& - Name of Applicant for permit of a3a Zbve Rcr,6 Manhasset N X l l03 0 . Street and Number Municipality State ( ) PERMIT TO USE ( PERMIT FOR OCCUPANCY ' J ~V I LpIN~ ~702(y~ 1. LOCATION OF THE PROPERTY ~3s~ ri4 v~eti) EGSTrYJ fo~J../V, y R-ly0 Street /Hamlet / Use District on Zoning Map District 1000 Section a/ Block a Lot o[3 Current Owner Tbr/Y -WO M4kl4 IcaST-ouvEs Map No. Lot No. Prior Owner /lurN 2owt 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 jW3/1 SectionA#NW- /d0-30/9,3 3. 'rvPE OF APPEAL Appeal is made herewith for (please check appropriate box) (VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 ' 4. PREVIOUS APPEAL A previous appeo (has) has not) been mode 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 mode in Appeal No. yD O ..Dated y(•%o~ 9 / cf/ 30 /9z REASON FOR APPEAL ` ( ) A Variance to Section 280A Subsection 3 04 A Variance to the Zoning Ordinance is requested for the reason that 7J/c .5i'veef 00190~rh/ ~5 /o zd ~~Ofen~ Tic . Fir,shn house Was iPtroiiukc~ 'jvr/rsvunE fo /(e Coriy ~~/and Sovr.c/ b/ufl y OlecC tt~' ~~G'</G Gvos lanslYvrlrc•/ fa C. Va/rGnc(. No. 5fOOFl da*'c/ y110191 a house . A wr,aoee No. V096 c/acrd S//3o/9z ~1e Fivfsn~~ Wo~acl neck /v -Me 61- ScFbac! {ram bwlF be ebty Ome ec/ 7,z> conform fo Tius)c~s Term 281 (Continue on other side) M • r - :itwY wsh tar:w2,dWu9 rstc4t "y- ' b'S25e16> tl! ena0>bCuant 39.10 ` r " 714z Sr, ry .yfT,&*L-AN1f~t34p a Riro~ t 4 v~tY d3+t .rv+«x~KYv=,y~"A'!.+` "'."'++t9,fi~' 4..~.r' rMxi.. p~y t.,•+~ x+. REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because die ~J~e ct ro~l r /a /oca!<d ae/JO ce-nt 7b Gong flu »d /oca*rl 1/6 'The /1"Airshh house ti/PS ~vad pv.~ . /0 Jc ~u{ ~rorn bLuFF and ~ /enazekd ntr,) vrPS Cuert /c Ca d a~rarirrnkC~ 7be vnenc/osc~ odec4inq A as Placed ail pnma.nki ccF ay -1rt < Fpm fko b ~ , prevent Vu /ate CL QcfiV~ / arac/ drstvrlxiY/ce Made inordcr ~ . itti Top of f3ty 7Jie deClc (z/'~ Var• yofq) cern ricr~u E /ias been OLbb5karitza" feduce,& by 7rue.lees eoastul Ero5ron Flo rccrd Perauk . 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 -The. Pa-reel is 'substanclarcL /hc..vtnc~ c~ lob area . of 0.Ppr0xtmtxk(1 43so scl. INarYOVJ Ir SY~ape hoyrn~_ ,on1y_(oo_ • O feel Srentoc~e csloneJ pqvavrew 4venue and y3± feet oaort5 L.o»9 :1slanb 5oe~net : ~Ilr~ P.eeK~ nej Faur+datzons ot= +hG Okj co. resulird. ~n a Ytautrd cRnd 1i~e deck-%% ~ vltab tnsralled 'to m.t~cptc l~~ii-c.~, -Fo tVuz homeowner 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because ` . of subs rdamd.15%.zecl ~rcels (.Whtctn Tti tc Z[txifiritt Cons,sts meet Gwftentac~tncJ rode have' been reno~akd avr~ e~pa ndcd eJradA 5,,6naavds -The decking is ' PreaotnmaY`Ky ttx_ i ,A a#- 1~ n WC-enL pro•$ert-\es -and O.nc\ does . net 6YzsSvuct Vkt>%VO X. 0. 3n 0 wou be Ylo leers d~s(u Pfwe than STATE OF NEW YORK ) ss COUNTY OF SKFFOcle_ Signature . 7-1f ~ Sworn to this a day of 19 9 777 Notary Public MARGARET C. RUTKOWSKI - " tJotary PJ)k Stme of Now York ft 4982520 " QwG6a01nSuAoOc Canmbsbo EspiraAm ll 19L57 SxY ..kk duRSiN•tlfiYa... s.. _ i BOARD OF APPEALS. TOWN OF SOUTHOLD In the Matter or the Petition of 72)011y 14NV /YIF ffM 1<057_0U1_46 NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT 6 TO: Marc J. Iglesias PROPERTY OWNER 955 Aquaview Avenue, RR 1 East Marion, NY 11939 Alice R. Giblett & another Aquaview Avenue, Box 214 East Marion, NY 11939 YOU ARE HEREBY GIVEN NOTICE: g i. That it i the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a ariance (Special Exception) (Special Permit) (Other) [circle choice] • 1. 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 1036- Ag2el yi2W %-r/ afo Ecl S~ /YJnriDn N' y ~5n rm t iLV,o - wee ai - 3Z_ o--? - Zo oi.3 3. That the property which is the subject of such Petition is located in the following zoning district: a That h~ such Petition, the undersigned will request the following relief: Vcxv nVtrP iF c51Qe~iar6 SPfih-ick_S L,Sarnc- cJ cJ,--_ as 4PPQ 1'lumbrr~ Lf~9B - 5e~i~ r~rrvr, d~1~rF~ 1 5. That the provisions of the Southold Town Zoning Codpplicable to the relief sought by the under- f signed are Article Section 100-.3e a 6 [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (516) 7~5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. _ Dated: May 20, 1994 qLI,-luC, C i'Yloore , 4E~q Petitioner Owners 'Names: Tony & Maria Kostoulas Post Office Address M re_ $ Meo re orneys 315 VVR& ~Qho,4, Ricod, P 0 tox 03 Tel. No. (51() 2-9 EDIo7L4 Mc~t4i'tucc N - Y, Il9S [Copy of sketch or lan showin ,r];~ p g proposal to be attac t~c~~f ~ }~17 pie purposes.] - - PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAM ADDRESS Marc J. Iglesias 955 Aquaview Avenue, RR 1, East Marion, NY 11939 Alice R. Giblett & Ano. Aquaview Avenue, Box 214, East Marion, NY 11939 0 a O snc o ® a O CERTIFIED N R a p N O 1. If you we ru 0'4 leaving the r m c W N your rural ca C O L Uc N K4 2 2. If you do m w m w m tli 3 address of t a U m m ~ 4) C > > let -.-I O reIfturn Iyou M re w 117 m m H , 9-I return ends it spec -0 E rd d ° m °44 REQUEST N C~ZOy h 0" 2~ 4. If you w U y m endorse RE 4 Fn an un 5. Enter bat d U return receipt 6. Save this a- > _ N of Ol O T O m O N O m 4J M z< v D `•l0 05 N ` 2 Mw m.°0m A N ` o.i cmiC~"g¢ 3Uosa .,;1 m fD m m m a N rt LL mV'. N p U 0r>6 9F~ o f mp aN y I m hN 4 m J ,m ' fT4~ ~ 3 ~ LL E N~ N~ d d U !A 5 6~ C° ~N` 6 £66L 40JUIN a008C W1Od Sd STATE OF NEW YORK) ss.: COUNTY OF SUFFOLK) Margaret Rutkowski residing at Theresa Drive, Mattituck, NY being duly sworn, deposes and says that on the 20th day of May 119 94 deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at Mattituck, New York ; that said Notices were mailed to each of said persons by (certified) (NP18Yelt3'd) mail. Maigar9t Rutkowski Sworn to before me this 20th' day of May 1g 14 Notary Public PATRICIA C. MOORE Nwry public, Stns of Now York &dha Cowrly - No. 480t ConmthMoFt &O-A urw 1 (This side does not have to be completed on form transmitted to adjoining property owners.) a 1&164.(21871-Text 12 ' PROJECT I.D. NUMBER 517.21 SEO R Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I-PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT /SPONSOR 2. PROJECT NAME Iv,41el'4 / /V 7 / rCosiou~ ~s I c~srou~~~ ~~c1= 2. PROJECT LOCATION: 0 5V{~O~ L Municipality, 1=G. ST M.c>_r 1u0 i ow n 0~ ~u-1~pl~ounty a. PRECISE LOCATION (street address and road Intersections, prominent landmarks, etc., or provide map) 1035 Aquavlew Ave- . LCl5T Mavlon N'Y -~5CTI"n tL I OC C) - 621 - a- Los 0 1 3 5. IS PROPOSED ACTION: OP LJ New ? Expansion ? Modlficatlordalterstion 6. DESCRIBE PROJECT BRIEFLY: ~Ck l3pSACt1IT TO LvJ T~~~SrJ~~1s1~ ~LUf~ 7. AMOUNT OF LAND AFFECTED: Initially > acres Ultimately ZSO acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ?Yes SNo If No. describe briefly V AR-I AHCE - 5 t rJE YAILD 5ET i3ACLS 9. WHAT PRESENT LAND USE IN VICINITY OF PROJECT? Residential ? Industrial ? commercial ? Agriculture ? Park/ForestiOven space ? Other Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL STATE OR LOCAL)? L' Yes ? No If yes, list agency(s) and permiViop,wals it. COES ANY ASPEfiT OF THE ACT4:N HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ? Yes L N~ If ye-, list agency name and permit/approval 12. AS A RESULT OOPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ?Ye! QNo I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE p(,~ Applidantisponsor name: Date: Signature: - If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER (Continued on reverse side) The N.Y.S. Environmental Quality Review Act requires submission of this form, and an environmental review will uo ade es this ~oard before any action is taken. SHORT ENVIRONMENTAL ASSESSMENT FOMM INSTRUCTIONS- (a) In order to answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning the project and 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 Sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that the project is not significant. (d) Environmental Assessment 1. Will project result in a large physical change to the project site or physically'alter more than 10 acres of land? _Yes ZNO 2. Will there be a major change to any unique or / unusual land form on the site? _Yes V No 3. Will project alter or have a large effect on I NO existing body of water? _Yes No 4. Will project have a potentially large impact on I NO quality? _Yes No 5. Will project significantly effect drainage flow on adjacent sites? Yes INo 6. Will project affect any threatened or endangered / ' plant or animal species? _Yes ? No 7. Will project result in a major adverse effect on /air quality? _Yes " No 6. Will project have a major effect on visual char- acter of the community or scenic views or vistas known to be important to the community? _Yes No 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological j importance or any site designated as a critical environmental area by a local agency? _Yes No 10. Will project have a major effect on existing or future recreational opportunities? _Yes _NO 11. Will project result in major traffic problems or cause a major effect to existing transportation systems? _Yes _No 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- / ance as a result of the project's operation? _Yes J No 13. Will project have any impact on public health or safety? _Yes -No 14. Will project affect the existing community by i directly causing a growth in permanent popula- tion of more than 5 percent overa one-year Yes No period or have a major negative effect on the _ - charactec of the community or neighborhood? 15. Is there p is co troversy concerning the - project? ' _Yes _NO Preparer's Signature Representing: / w #wo ~?w14 )rOSTOULA$ S//8~~j~1L . .28A 4/•75 Date: QUESTIO' TAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet may be attached.) B. Is the subject premises listed on the real estate marxet for = sal or being shown to prospective buyers? { } Yes { No. (If Yes, please attach copy cf "conditions" of sale.) C. Are there Proposals to change ar alter land contc, { } Yes { -3 j No D. 1. Are there any areas which contain wetland grasses? 'Uy 2. Are the wetland areas shown on the map submitted with this application? ylS 3. Is the property bulkheaaed between the wetlands area and the upland building area? No ' 4. If your property contains wetlanas or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? e5 E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? NIA (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fens which exist and are not shown on the survey map that you are submitting? No If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? Noll-' If yes, please submit.a copy of your building permit and map as approved by the Building Department. If none, please state. H. Do you or any co-owner also own other land close to this parcel? No if yes, please explain where or submit copies of deeds. I. Please list present use or operations conducted at this Parcel 2e~5/" ,g y7r3L and proposed use 16L~51o5lyTzf9z 7 ~ Autnor Signature ana Date 3/97, 10/901k § 97-13 WETLANDS § 97-13 TOWN - The Town of Southold. TRUSTEES - The Board of Trustees of the Town of Southold. (Added 6-0$4 by L.L. No. 6.19841 WE'-LANDS (Amended 8-26-76 by LL No. 2-1976: 3-25- 85 by" No, 6-1985k A. i1DAL WETLANDS: (1) All lands generally covered or intermittently cov- ered with, or which border on. tidal waters- or lands lying beneath tidal waters. which at mean low tide are covered by tidal waters to a maximum depth of five (5) feet, including but not limited to banks. bogs, salt marsh, swamps. meadows, flats or other low lying lands subject to tidal action: (2) All banks, bogs, meadows, flats and tidal marsh subject to such tides and upon which grows or may grow some or any of the following. salt hay, black grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, groundsel. marshmallow and low march cordgrass;aad/ar (3) all land immediately adjacent to a tidal wetland as defined in Subsection AM and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. B. FRESHWATER WETLANDS: (1) "Freshwater wetlands" as defined in Article 21, Ti- tle 1, § 2.1-0107, Subdivisions 1(a) to 1(d) inclusive, of the Environmental Conservation Law of the State of New York: and (2) All land immediately adjacent to a "freshwnter wet- land," as defined in Subsection B(1) and lying with- in seventy-five (75) feet lai dward of the most land- wnrd edge of a "freshwater wetland." - 9705 z•s•es