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HomeMy WebLinkAbout6361 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 RECEIVED FINDINGS, DELIBERATIONS AND DETERMINATI[Bq~lho]d Toval 006 MEETING OF AUGUST 18, 2010 ZBA FILE: 6361 NAME OF APPLICANT: Ekaterina and Nick Mihalios PROPERTY LOCATION: 1230 The Strand (adj. to Long Island Sound), East Marion NY SCTM#: 1000-30-2-73 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated January 5, 2010 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP: This application was referred for reviewed under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued his reply dated February 8, 2010. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is EXEMPT from Coastal Consistency Review. PROPERTY FACTS/DESCRIPTION' Subject property is 28,268 sq. ft., as noted on a survey dated Nov. 12, 2009, by Young & Young. It is vacant with 77.86 feet on The Strand, 366.02 feet along the westerly property line, 77.57 feet along the high water mark on Long Island Sound and 368.22 feet along the easterly property line. It adjoins properly owned by the applicant on the east. BASIS OF APPLICATION: Request for Variances from Code Section 280-105, based on an application for building permit and the Building Inspector's November 30, 2009, updated March 24, 2010 Notice of Disapproval "as built" fence, (1) more than the code required height of 4 feet in a front yard, (2) more than the code required height of 6 V2 feet in the side and rear yards, at 1230 The Strand, East Marion, NY. SCTM#1000-30-2-73. RELIEF REQUESTED: The applicant proposes existing fencing at varying heights, the highest of which is 10.5', in a side yard where 6 V2 feet is allowed by code and a fence height of six feet, at its highest point, in a front yard where four feet is allowed by code. AMENDED APPLICATION: During the hearing, the applicant was asked to bring the plan into more conformity with the code. On July 21, 2010 the applicant's agent submitted an amended elevation diagram, requested by the Board at the public hearing on June 30, 2010 showing a series of fence panels along the westerly side yard that gain Page ~ August 18, 2010 ZBA File#6361 - Mihalios CTM: 1000-30-2-73 in height from the road to the bluff, and marking the proposed varying heights from the grade of the applicant's property and also from the higher grade of the adjoining neighbors property. ADDITIONAL INFORMATION: An adjoining property owner, in opposition to the application, testified at the hearing on June 30, 2010, that the "as built" black chain link fencing was unsightly from his property, while it was visually screened by large evergreens from the applicant's side, that the chain link fencing was often covered in wild vines that he had to maintain from his property, and that it had been installed to prevent deer from entering the applicant's property in violation of the code which does not currently permit deer fencing on residential property. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on April 22, 2010 and June 30, 2010, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Town Law §267-b(3)(b)(1). Grant of the variance will produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The construction of the existing as built height of the fencing, in order to protect the applicant's landscaping from damage by roaming deer, will only displace the problems fmm his property to his neighbors. 2. Town Law §267-b(3){b}(2). The benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance. The applicant could simply move the fence a sufficient distance from the neighbor's retaining wall to insure that no person could jump from the retaining wall over the fence. This would accomplish both objectives of protecting the pool and having the maximum height of a fence allowed by code for protection from deer without the need for a variance. With respect to containing deer the applicant offered no convincing proof that the construction a 10.5 foot high fence exclusively on this property line would reduce the amount of deer entering the applicant's property in any significant proportion. 3. Town Law §267-b(3)(b)(3). The variance granted herein is substantial. The height of the existing fence in the side yard of 10.5' represents a 4 foot increase in the maximum height allowed by code, or a 38% variance. 4. Town Law §267-b(3)(b)(4) Evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The granting of this variance will allow the deer problem to become a greater nuisance to other neighbors and would potentially change the visual character of residential property by setting a precedent for substantial height variances on fencing in front and side yards. 5. Town Law §267-b(3)(b)(5). The difficulty has been self-created. The applicant attached a fence to the neighbor's retaining wall, which in turn raised the fence, above what is allowed by code. 6. Town Law §267-b. Grant of alternative relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of his swimming pool while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Dinizio, seconded by Member Schneider, and duly carried, to DENY, as applied for, and GRANT ALTERNATIVE RELIEF as noted below: Page 3- August 18, 2010 ZBA File#6361 - Mihalios CTM; 1000-30-2-73 1. The part of fence INSTALLED along the retaining wall shall not exceed the height of 4 ½ feet as measured from the top of the retaining wall. This height is granted only to that part of the fence that is considered to be located in the side and rear yards of the applicant's property. 2. The part of the fence that is constructed in the front yard must meet the requirement of the code as it pertains to pool safely no higher than four feet. Conditions: 1. The fence must be continuously maintained and kept free of weeds, vines and debris at all times. 2. If the westerly lot owned by the applicant is improved with a single-family dwelling or sold in the future, the existing pool on the easterly lot must be made code compliant with a security fence. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued Before applying for a building permit, the applicant or agent must submit to the Board of Appeals for approval and filing, two sets of the final siteplan conforming to the alternative relief granted herein. The ZBA will forward one set of approved, stamped drawings to the Building Department. Failure to follow this procedure may result in the delay or denial of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Dinizio, Schneider. Goehringer. Nay: Member Weisman (Chairperson) (Absent was: Member Homing) Leslie Kanes Weisman, Chairperson Approved for filing ~r /d, /2010 This Resolution was duly adopted (3 -1). RECEIVED ..,,.AUG 4 2010 Southold Town Cleri PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (63 I) 765-4643 Southold Town Zoning Board of Appeals Leslie Weisman, Chairperson Southold Town Hall P.O. Box 1179 Southold, NY 11971 Septeo~ber 21, 2010 rRECEIV~:D BOARD OF APPEAI~ RE: MIHALIOS PREMISES: 1130 THE STRAND, EAST MARION SCTM: 1000-30-2-73 & 74 Dear Ms. Weisman and Board Members: With reference to the above, enclosed please find the drawing which has been revised in accordance with the board's decision. If you have any questions, or need anything else, please do not hesitate to contact me. Thank you. Very truly yours, Patricia C. Moore PCM/bp encls. -- F~ONT LINE COMI~LIANT . L~ 125 ELEV: DATUM LOT 122 EL.' PROPOSED CN~IN LINK 'FENCE TO CONTINUE POWN TO GRADE OF LOT 12~' EL: 2'-0" + . LOT 122 TOF C - EXI~llNG RAILROAD TIE WALL HE~HT OF WALL= LOT 123 DATUM ELEVATION = 0'-0" LOT ~ MIHALIOS' SIDE PEOI~OEED CHAIN LINK FENCE TO CONTINUE POWN TO GRAOE OF LOT 125 NE~IGHI~OIR'S SIDE ~NK PENCE Jii?iiA L MAP j VIEWED BY ZBA E DECISION # J~bl ELEVATION & SECTION PROJECT TITLE Mihalios' Residence LOT 123 THE ~TIRANID LANE EAST MARION, NY 11939 SCALE DRAWN BY P.M.H. ?R~, ~: CHECKED BY 9/20/10 A-1 PROJECT NO. OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD REEEIYED MEMORANDUM 8OARD OF APPEALS To: Leslie Weisman, Chair Town of Southold Zoning Board of Appea/l~ From: Mark Terry, Principal Planner LWRP Coordinator Date: February 8, 2010 Re: ZBA File Reference No. 6361Mihalios SCTM# 1000-30.-2-73 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is EXEMPT from LWRP coastal consistency review requirements pursuant to § 268-3. Definitions. Minor Action, item F, which states. Split rail fences or fences used to control nuisance wildlife that do not interfere with the public's rights of passage along the foreshore; Pursuant to Chapter 268, the Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Lori Hulse, Assistant Town Attorney j DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE RECEIVED JAN L ! oIo BOARD OF APPEALS THOMAS A. ISLES, A.I.C.P DIRECTOR OF PLANNING Sanua~ 5, 2010 Town of Southold ZBA 53085 Main Road PO Box 1179 Southold, NY 11971 Att: Gerard Goehringer, Chairman Dear Mr. Goeringer: Pursuant to the requirements of Sections A 14-14 thru A14-25 of the Suffolk County Administrative Code, the following applications submitted to the Suffolk County Planning Commission are to be a matter for local determination as there appears to be no significant county-wide or inter-community impact. A decision of local determination should not be construed as either an approval or disapproval. Applicants Stork, Ryan & Jennifer Mandelbaum, Jay Stein Family Trust Mihalios, Nick Goldsmith, Bruce Municipal File Numbers #6358 #6359 #6360 86361 #6362 Very truly yours, Thomas A. Isles Director of Planning Theodore R. Klein Senior Planner TRK:ds LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR P.O. BOX 6100 (631) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 853-4044 FORM NO. 3 NOTICE OF DISAPPROVAL TOWN OF SOUTHOLD Date: November 30, 2009 Updated: March 24, 2010 TO: Patricia Moore for E. Mihalios 51020 Main Rd. Southold, NY 11971 Please take notice that your application dated September 28, 2009 For a permit for an "as built" fence Location of Property: 1230 The Strand, E. Marion County Tax Map No. 1000- Section 30 Block 2 Lot 73 Is returned herewith and disapproved on the following grounds: The "as built" installation of a 11' high fence on this vacant parcel, is not permitted pursuant to Article XXlI, Section 280-105 which states: "Fences, walls or berms may be erected & maintained, subject to the following height limitations: When located in the front yard of residential zones, the same shall not exceed four feet in height." When located in side & rear yard, the same shall not exceed six and a half feet." The site plan indicates the fence height of 11 feet. I Authorized Signature FORM NO. 3 TO: NOTICE OF DISAPPROVAL TOWN OF SOUTHOLD Patricia Moore for E. Mihalios 51020 Main Rd. Southold, NY 11971 Date: Nov~ember 30, 2009 Please take notice that your application dated September 28, 2009 For a permit for an "as built" fence Location of Property: 1230 The Strand, E. Marion County Tax Map No. 1000- Section 30 Block 2 Lot 73 Is returned herewith and disapproved on the following grounds: The "as built" installation ofa 11' high fence on this vacant parcel, is not permitted pursuant to A~ticle XXII, Section 280-105 which states: "Fences, walls or berms may be erected & maintained, subject to the following height limitations: When located in the t~ont yard of residential zones, the same shall not exceed four feet in height." The site plan indicates the fence height of 11 feet. 125, ~=20.00' 51TE ~ATA ~V~E'f'OtR,~ GEt~.TIFIGATION NIC, I( MIHALIC~ ~ ~.,AI'L=~I NA MIHAJ. IO~ LOT 125 '~ ~AGH FA~5" a~ D~s~ M~tlon, To~n of ~u~hold ZONIN~ VAt~IANGE Counflj Tax Hap ~ lO00 s,~m ~0 DATE APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS House No. 1230 Street The Strand SCTM 1000 Section 30 Block_2 Lot(s). 73 Zone R-40 Hamlet East Marion Lot Size ~16,790.79 sq.ft. (to top of bluff)_ I (WE) APPEAL THE WRITTEN DETER~IIN~.TION OF THE BUILDING INSPECTOR DATED_~ ~_\~\~:~~\ BASED ON MaP Otll I ' "r' Applicant(s)/Owner(s): Nick Mihalios Mailing Address:_~29-25 24tb Avenue~ Astoria, NY 11102 Telephone: 917-670-6349 Fax#:__ Email: pcmoorel~,optonline.net NOTE: In addition to the above, please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative: Patricia C. Moore Esq. for (X) Owner, or ( ) Other: Agents Address: 51020 Main Road, Southold NY 11971 Telephone 765-4330 Fax#: 765-4643 Email: pcmoorel~optonline.net Please chech box to specify who you wish correspondence to be mailed to, from the above names: [] Applicant/Owner(s), or ~ Authorized Representative, or [] Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED June 13~ 1988 DENIED AN APPLICATION DATED 9/28/09 FOR: c~Ao_ ~%~.A E Building Permit [] Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built Construction [3Other: and Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article XXII Section 280- 105 (a) & (b) fence in front yard exceeds 4 feet and side yard exceeds 6 1/2 feet Type of Appeal. An Appeal is made for: E A Variance to the Zoning Code or Zoning Map. [3 A Variance due to lack of access required by New York Town Law-Section 280-A. [] Interpretation of thc Town Code, Article Section [] Reversal or Other A prior appeal has, E has not been made at any time with respect to this property, UNDER Appeal No. Year_ (Please be sure to research before completing this question or call our office for assistance.) Name of Owner: Marc & Deirdre Sokol ZBA File # REASONS FOR APPEAL (additional sheets may be used with preparer's signature): AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: The adjacent house, owned by Peter Panagopoulos, has been under construction since 2002 and poses a nuisance and dangerous condition (see attached building department permit sheet). During construction Mr. Panagopoulos brought in significant quantities of fill and changed the grade of the property. After the change in grade the Mihalios property became 4 foot lower then his neighbor's property. This change to the neighbor's grade resulted in significant erosion and flooding. As a result, the neighbor had to build a retaining wall to control the erosion and water runoff. This difference in the grade between the applicant's property and Mr. Panagopoulos's property left the existing pool fence which was adjacent to the neighbor's 4' 6" retaining wall unsafe. In order to provide for a protective fence adjacent to the 4~ 6" retaining wall the applicant installed an extension to his fence. The applicant requests permission to retain a 7 foot heigh fence. The neighbor sees a 7 foot fence, the applicant sees an 11' fence from his property. In addition, because the house is under construction and the neighbor's yard is unfinished the deer travel freely along the north side of these properties. Sep's farm recently installed a deer fence and the deer now travel throughout the subdivision searching for food. Mrs. Mihalios's ga rden has been devastated and their pool cover has been destroyed with deer hoofs. (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: The neighbor obtained a building permit in July 2002, it was renewed in 2004, 2006, 2007 and most recently 9/14/09. The neighbor is building his own house and works primarily on weekends. There are no regulations on completion of the house within any set time as long as the permits are renewed or reissued. The Mihalios family wishes to protect their property and family. The fence is placed on the property line because the neighbor asked Mr. Mihalios to cut the 18' evergreens so that they do not extend over the property line. The evergreens were cut back to the property line by Mr. Mihalios, as requested. (3) The amount of relief requested is not substantial because: The nonconforming fence height is primarily in the side yard. Because there is no house on the lot the fence continues to the front yard. The height of the fence will taper down as the neighbor's retaining wall tapers ~ECE.I'V~D to grade. The fence behind the evergreens along the front of the lot is a conforming 4 feet in~i~aL "~o OF APPEALS (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The fence provides security for the family from the construction activities on the adjacent property and an environmental benefit by keeping the deer away from the pool and protecting the natural vegetation. (5) Has the alleged difficulty been self-created? (X)Yes, or ( )No The applicant increased the height of the fence, however, this was a reaction to living next to a construction site. Are there Covenants and Restrictions concerning this land: ( X ) YES ( ) No. Fence must be 4 feet except for a pool This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Checl~ this box ( ) IF A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure to consult your attorney.) (Agent must submit written Authorization from Owner) Sworn to Ilefore me this APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: .~1C~_ I. For Demolition of Existing Building Areas Please describe areas being removed: Date Prepared: RECEIVED BOARD OF APPEALs II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: '7 ~ tre'~ar.h~ Dimensions of new second floor: ~4j,4 Dimensions of floor above second level: N/?* Height (from finished ground to top of ridge): 7" o~r t~vCtt~. - marr~a~,< la~.,-q~ w,.tb. Is basement or lowest floor area being constructed? If yes, please provide~eight(above ground)~ ~tnc~ t~oc&~ measured from natural existing grade to first floor: ~ r~lc~ clo.~t,! ~tl ~Oq r III. Proposed Construction Description (Alterations or Structural Changes) (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: I~ [,4 Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: Proposed increase of building coverage: Square footage of your lot: Percentage of coverage of your lot by building area: V. Purpose of New Construction: VI. Please describe the land contours (fiat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): t ' I ~J Please submit seven (7) photos, labeled to show different angles of yard areas after staking corners for new construction), and photos of building area to be altered with yard view. 7/2002; 2/2005; 1/2007 QUESTIONNAIRE FOR FII,lNG WI'IH YOUR Z.B.A. APPLICATION ~IECEIVED ~OA~D OF AppEAL~ Is the subject premises listed on the real estate market for sale? 151 Yes ~ No Are there any proposals to change or alter land contours? ]~No [] Yes, please explain on attached sheet. 1) ,Are t.here areas that contain sand or wetland grasses? /ca, tc~--~--~ (~ 2) Are these areas shown on the map submitted with this application? ¥e;5 3) Is the property bulkheaded between the wetlands area and the upland building area? 4) If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? Please confirm ~tatus of your inquiry or application with the Trustees: ~ and if issued, please attach copies of permit with conditions and approved ]nap. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? b, lo (Please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) Do you have any construction taking place at this time concerning your premises? Mo If yes, please submit a copy of you, r building permit and map as approved by the Building Department and describe: /q t~oh~t~r /~ vr**~;~__-*,~ F ~o~ Do you or any co-owner also own other land close to this parcel? the proximity of your lands on your map with this application. H. Please list present use or operations conducted at this parcel ~ta.~o~T' - and proposed use (examp~gle-family; proposed: same with garage or pool, or other description.) Authon{Z~amre and D'ate If yes, please label 2/05;1/07 61Z21 Appendix C RECEIVED SEQR State Environmental Quality Review SHORT ENVIRONMENTAL .4~$ESSMENT FORM For UNLISTED ACTIONS Only PART I - Project Information (To be complete by Applicant or Project sponsor) 1. Appficaet / Sponsor 2. Projecl Name Eh, 80ARD OF APpEAl.$ 3. Project location: Muoicipaltiy Couniy 4, Precise location (Street address and road intersections, prominent landmarks, etc. or provide map) 5. Is proposed action: ( ) NEW ( ) EXPANSION (/~ MODIFICATION / ALTERATION 6. Descdbe project bdefly: 7. Amount of land affected: / Initially:, ~- acres; ~ ~ Ultimately: . ~,._ acres 8, Wilt proposed action comply with exJstin9 or o~her existing land use restrictions:( ) YES (/I0 NO If No, descdbe briefly: ( ~ Residentiat ( ) Industrial ( ) Commercial ( ) Agdcultural ( ) ParkJForest/Open Space ( ) Other 10. Does action Involve a permit approval or funding, now or ultimately from any other Governmental agency.(Federal, State or Local) ? ( ) YES (/~ NO If Yes, list agency(s) and permit/approvals: 11. Does any aspect of the action have a currently valid pemdt or approval? ( ) YES (~) NO If Yes, list agency(s) and permit/approvals: 12 As a result of proposed action, will existing permit/approval require modification? I( ) YES (~C) NO If Yes, list agency(s) and permit/approvals: I certify that the information provided above is true to the best of my kn, owledge IApplicant ' Spon~ Date: If the actiorMs.icrffhe Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment T~SACTION~ DISCLOSURE FOR]~ PLICAB~['O OWNER, CONTRACT VENDEE AN~AGENT: TmOZ, [2oulo_ld's Code o5 ?,Ss prthibits con.icts of in er st on the pa. of }, :, . ~ nc purpose o~ tins ~orm ~s to provide information, which can alert the Town of possible conflicts of interest and allo~ it to take whatever action is necessary to avoid same. (Last name, first name, middle ~nitial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Variance Special Exception *Other Approval or Exemption from plat or official map Change of Zone -- Tax Grievance *If "Other" name the activity: Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? .... ,, Relat~ onsh qL3_i!clude~s by blood, mam~ge, or business interest. "Business interest" means a business partnershi in w ' -- - ~ ,_~nclud~n a ~ h~ch the Town officer or em-~ ..... ~- ... g-~ ~,u¥~c nas even a partial own~ (or em~.~_lo.¥rnent bY2_q_corporation in which the Town ~_hare~_ -- ~. officer or employee owns more than 5% of~the No__x If you answered "YES'; complete the balance of thls form and date and $ign where indicated Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant, agent or contract vendee) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her, spouse, sibling, parent, or child is (check all that apply): __ __ A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); .... B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) · __ an officer, d~rector, partner, or employee of the apphcant;'or __ ~ D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted th~o2.f" ~lay of A/or- ~:U '/ rnnt Nay~ ~ ' RECEZVED ~r~cuLr~aAr D~r~, Sr~Tr~mh~r Tow~ o~ SO~rrSOL~ ' , 8OARD OF APPEALS WHEN TO'USE TZ~, ~ FORM: ' e '0 " · · Th f~ rm m~t b~ ~mp~ ~ ~e ~p~t for ~y Spe~' ~e pe~ ~e · sOO feet ~fa~ ' .... ~ .......... ..'~ ~ ~ ...... 1~" · ' l~afi~s by ~g ~e pared nmb~ on ~e To~ of Sou~old ~l ~p~ T~ S~tem 1. ~.:., " Note: 1-14-09 Town of Southold INSTRUCTIONS 1. ,LWRP CONSISTENCY ASSESSMENT FORM ;ECEIVED All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town ofSouthold Waterfi-ont Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Buildi~g Permits and other ministerial permits not located within the Coastal Er'ostor~ Hrzzard Area. Before answering the questions in Section C, the preparer of this £onn should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfi-ont Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adveme effects upon the coastal area (wtfich includes all of Southold Town). If any question !n Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessa~, modified prior to making a deterrrdnation that it is consistent to the maximum extent practicable with the LWtLP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, .it shall not be undertaken. A. copy of the LWRP is available in the following places: online at the Tova~ of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Plmming Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# '-73 The Application has been submitted to (check appropriate response): ~-~ TownBoard [---} Planning Board [-~ Building Dept. ~ Board ofTrustees [] 1. Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital [~ construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (~Y---~Permit, approval, license, certii~i6hi .................. ~ ............ Nature and extent of action: ' Location of action: 12&:~ Site acreage: 2_~ Present l~d use: ~c~ Present zo~g classification: 80ARD OF Aj~E4L$ If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name ofapplicaa~t: /~ t(.JC. ['Y~ ,' hCtli 0-% (b) Mailing address: c~Cl- ~5 c2~th ~l"b~-¢, j ~i-~'~oc ~ 1~ (c) Telephone nmnber: Area Code ( (d) Application number, if any: Will the action be directly undertaken, reqnire funding, or approval by a state or federal agency? Yes [--] No ~ If yes, which state or federal agency? C. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient se of infrastructure, makes beneficial use Of a coastal locati0n, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. [-]Yes [--] No [~ Not Applicable Attach additional sheets if necessary ~6hcy~ey~.~y6t~t a~fl}r-e~¥w li'ist6rfc a~d~-r~l~fi~ olb~gi~l resources b~-~~. See LW~ Section III - Policies Pages 3 through 6 for evaluation criteria Yes ~ No ~ Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town Of ~t~15 See LWRP Section !II - Policies Pages 6 through 7 for evaluation criteria ~] Yes [] No [-~ Not Applicable Attach additional sheets if necessary 80ARD OF AppEA~_ NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III -Policies Pages 16 through 21 for evaluation criteria Attach additional sheets if necessary Policy 6. Protect aud restore the quality and function of the Town of Southoid ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 Yes fa; Attach additional sheets if necessary BOARD ~: A~..~ALS _ Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. ~-~ Yes ~-] 1No,~ Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. [-~ Y, es ~-] No [~ Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, anti public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. [] Yes [7~ INo ~ Not Applicable Ai~ach additional sheeta if neccaaar¥ WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. ~Y~ ~"~-No '[]~Ni) ~-AP-[6lic abl~ .................... ~ ~' .ii: ~ ': Attach additional sheets if necessary -" ~,v .tl~t:..,tS-- Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. ~] Yes [] No [~ Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town' of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. [] Yes ~--] Bio ~ Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. Created on 5/25/05 11.'20 AM PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 December 1, 2009 ~ECEIVED 80ARD OF APPEALS Attn: Gerard Goehringer, Chairman Zoning Board of Appeals Main Road Southold NY 11971 RE: VARIANCE APPLICATION - MIHALIOS PREMISES: 1230 THE STRAND, EAST MARION SCTM: 1000-30-2-73 Dear Mr. Goehringer: With reference to the above, enclosed please find 8 sets of the following: 1. Current Notice of Disapproval with Building Permit. 2. Application with authorization. 3. Photographs of existing conditions 4. Project description, questionnaire form, transactional disclosure 5. Town property card 6. LWRP form 7. Environmental Assessment form 8. Agricultural Data Statement 9. Survey & Site plan Please place this on your earliest available calendar. Thank you and if you should have any questions, please give me a call. PCM/bp encls. Patricia C. Moore ~oARD OF ApP~L~ TOWN OF S~HOLD BUILDING 131~IkRTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown.NorthFork. net Examined ,g0 Approved ,20 Disapprovcd a/c Expiration ,20 PERMIT NO. BI~ING PERMIT APPLICATION CHECKLIST Do you have or need the following, before applying? Board of Health 4 sets of Building Plans Planning Board approval Survey Check Septic Form Flood Permit Contact: Mall to: Building Inspector APPLICATION FOR BUILDING PERMIT Date INSTRUCTIONS a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months afier the date of issuance or has not been completed within 18 months from such date. ff no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance ufa Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing c~eg~ations, and to admit authorized inspectors on premises and in building for necessary inspections. (Signature of applicant or na~e, ifa corporation) (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Name of owner of premises ./~ c ~V. ,A'I (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. OtherTrade's License No. 1. Location of land on which proposed work will be done: House Number Street Hamlet County Tax Map No. 1000 Section ,"~(p Block ~ Lot Subdivision ~_~.~J~/d, f'~ac',~ ,-~,t,r-.,r/.s Filed Map No. ~,,Lot RECE'[VED ~OARD OF APPEALS 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: 3. Nature of work (check which applicable): New Building Addition Alteration Repair Removal Demolition Other Work (Description) 4. Estimated Cost Fee (To be paid on filing this application) 5. If dwelling, number of dwelling units Number of dwelling units on each floor If garage, number of cars 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if any: Front Height. Number of Stories Rear Depth 9. Size of lot: Front l 0. Date of Purchase Dimensions of same structure with alterations or additions: Front Rear Depth Height. Number of Stories Dlmensmns of enure new construction: Front ez'7/'"'d Rear Depth Height '7 ' '~ '7 ~ Number of Stories '7' Name of Former Owner 11. Zone or use district in which premises are situated ~..- ~O 12. Does proposed construction violate any zoning law, ordinance or regulation? YES~ NO__ 13. Will lot be re-graded? YES NO Will excess fill be removed from premises? YES__ 14. Names of Owner of premises Name of Architect Name of Contractor Address Phone No. Address Phone No Address Phone No. 15 a. Is this property within 100 feet ora tidal wetland or a freshwater wetland? *YES __NO __ * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet ora tidal wetland? * YES__ NO * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. 18. Are there any covenants and restrictions with respect to this property. YES * IF YES, PROVIDE A COPY. NO STATE OF NEW YORK) SS: COUNTY OF ~, ~/'¢= C/~0t9'7~-~ being duly sworn, deposes and says that (,,he is the applicant (Name of individual signing contract) above named, (S)He is the O"~h~}~( ontractor, Agent, Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Swam to before me this '~'~S~gnature of Applicant 11/30/2009 17:26 FAX 17189326316 __~/30/2009 17:10 FAX 631 765 464~ GEORGE N MIHALIOS ESQ MOOP~ LAW OFFICES AUTHORIZATION ~ 002 RECEIVED 8OARD OF APPEALS TO: $outhold Town Zoning Board Bouthold Town Building Department Any and All State, County, Local agencies, as necessary Re: ~230 The Strand, East Marion SCTM #1000-30~2-73 The undersigned hereby authorizes my attorney, Patricia C. Moore, to submit any al~d all applications which may be required in or,er to obtain a building permit to construct the proposed covered deck to a residence on the above referenced parcel. Nick Mihaltos 1230 The Strand East Marion NY 11939 TOWN OF SOUTHOLD PROPERTY ' S W ~P'E oF BU'i'LOiN~ ~ (b~ S~S. VL. ~..~_ FA~ COMM. CB. J'~. Mkt. Value ~ND iMP. ' TOTAL DATE R~RKS ~ , ,~z~ ~/~~'~' , , //~ I~l~ / /t_/- ~o~land FRONTAGE ON ROAD ~ I Meadowland DEPTH ~ 3 ~0 Plot BHLKH~D COLOR TRIM Extension Extension Garage Patio Foundation Basement Ext. Wails Fire Place Type Roof Total Recreation Room Bath ~.~ Dinette Floors K. Interior Finish Rooms 1st Floor Rooms 2nd'Floor Driveway DR, Bi:L ? / -) TOWN OF SOUTHOLD PROPERTY. RECORD CARD OWNER ;TREET l~. '~ ~--~ J VILLAGE DIST. SUB. LOT ~ORM~ROWN~,, I , , - ~ ' N E ACR ~ I '  ( - ' ~On~ S W ~PE OF BUILDING ~ND IMP. TOTAL · DATE R~RKS Tillable FRONTAGE ON WATER ~' ¢ WoMtand FRONTAGE ON R~D ~ ~ ' House Plot BULKH~D Total j ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville December 8, 2009 Zoning Appeal No. 6361 Transmitted herewith is Zoning Appeals No. 6361 of Nick Mihalios- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Short Environmental Assessment Form, Transactional Disclosure Form, Agricultural Data Statement, LWRP Consistency Assessment Form, Cover Letter from Patricia Moore Dated December 1, 2009, 2 Page Copy of Application for Building Permit Dated September 28, 2009, Notice of Disapproval from Building Department Dated November 30, 2009, Authorization Letter from Nick Mihalios to Patricia Moore to Represent him in this Matter, 3 Pages of Property Record Card, 1 Page of Photos, Copy of Survey Showing Property as it Exists Dated November 12, 2009 Prepared by Young & Youngs, Site Plan Showing Railroad Tie Wall & Fencing Dated November 5, 2009 Drawn by P.M.H. OTown of Southold P.O Box 1179 Southold, NY 11971 Date: 12/08/09 * * * RECEIPT * * * Receipt: 62133 Transaction(s): 1 1 Application Fees Reference Subtotal 6361 $150.00 Check#: 3346 Total Paid: $150.00 Name: N, Mihalios Realty LIc 29-25 24th Avenue Long Island City, NY 11102 Clerk ID: CAROLH Internal ID: 6361 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 July 20, 2010 RECEIVED JUL 2 1 2010 OARD OF APPEALS Southold Town Zoning Board of Appeals Leslie Weisman, Chairperson Southold Town Hall P.O. Box 1179 Southold, NY 11971 RE: MIHALIOS PREMISES: 1130 THE STRAND, EAST MARION SCTM: 1000-30-2-73 & 74 Dear Ms. Weisman and Board Members: As per your request, enclosed are the revised drawings of the property line fence. Please note that we provide the fence heights from both the applicant's side and the neighbor's side and we have maintained the minimum fence height needed to protect my, as measured from the neighbor's properb/. The grade change on the neighbor's property prevents my client from adequately securing his property if the fence was installed to the zoning code. The neighbor's house remains under construction and on the west side of the neighbor are homes with several families with children who often play on the neighbor's dirt piles. We can not control the condition of Mr. Panagopoulos's property. The fence protects my client from liability. Mr. Dinizio stated during the public hearing that the fence, if allowed, should be a good quality fence. The existing black vinyl fence is a higher grade and a more expensive fence. The black vinyl is usually specified because it blends into the background. My client also sees the fence, the black vinyl fence surrounds my client's property and the black vinyl is aesthetically preferred to other types of chain link or stockade fences. If you have any questions, or need anything else, please do not hesitate to contact me. Thank you. Patricia C. Moore w/encl. PCM/mr PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 May 27, 2010 Southold Town Zoning Board of Appeals Leslie Weisman, Chairperson Southold Town Hall P.O. Box 1179 Southold, NY 11971 RE: MIHALIOS PREMISES: 1130 THE STRAND, EAST MARION SCTM: 1000-30-2-73 & 74 Dear Ms. Weisman and Board Members: As per your request, my clients Mr. & Mrs. Mihalios, have identified the proposed height of the fence at their premises with red tape. It is ready for inspection. Please advise me of your comments after you have inspected same. If you have any questions, or need anything else, please do not hesitate to contact me. Thank you. VeryEuly_yours, ~.._~Pa~i'icia C. Moore PCM/mr Office Location: Town Annex lEu'st Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 April 23, 2010 Peter Panagopoulas P.O. Box 9031 Long Island City, NY 11103 RE: Mihalios #6361 Dear Mr. Panagopoulas: Enclosed are the items you submitted at the hearing, I made copies of everything pertaining to the hearing. April 29, 2010 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 t~OnRD 0" Margaret Rutkowski Betsey Perkins Secretaries Southold Town Zoning Board of Appeals Leslie Weisman, Chairperson Southold Town Hall 53095 Main Road Southold, NY 11971 Re: Nick Mihalios and Ekaterini Mihalios 1000-30-2-73 & 74 Dear Chairman and Board members: In accordance with your request, enclosed please find the single and separate title search which you requested. Nick Mihalios and Ekaterini Mihalios, his wife, in February 2000, solely for estate planning purposes, transferred title of the vacant lot which they purchased separately in 1988 from Ekaterini Mihalios into both their names. The adjacent improved lot has been in both their names since they purchased the property in 1986. While the two parcels are in common ownership, according to Mike Verity, building inspector, the two parcels did not merge. The lots are in the Pebble Beach Farms clustered subdivision. Since the lots are clustered they were developed in accordance with the clustered setbacks and one acre yield approved by the Planning Board through their subdivision review. Cluster subdivision lots in the Pebble Beach Farm subdivision will not merge and the building setbacks are set forth on the subdivision map. Mr. Verity offered to either testify at the hearing or forward a communication to the Board to confirm my telephone conversation with him. V~.ry"~yyours, Patricia C. Moore cc: Mr. and Mrs. Mihalios Michael Verity, Building Inspector Title No. PAC-4006 (Tax Lot 73) VARIANCE SEARCH l~O~R~ OF JEANNE ANSTETT, BEING DULY SWORN DEPOSES AND ~A'~'. THAT SHE RESIDES AT 386 MARCY AVENUE, RIVERHEAD, NEW YORK AND IS OVER THE AGE OF 21 YEARS AND THAT SHE iS THE OFFICE MANAGER OF PECONIC ABSTRACT, INC., AN AUTHORIZED AGENT FOR FIRST AMERICAN TITLE INSURANCE COMPANY OF NEW YORK, AND THAT UNDER HER SUPERVISION AND DIRECTION, TITLE WAS EXAMINED TO THE PARCELS OF LAND DESCRIBED ON THE ANNEXED SCHEDULE THAT SAID EXAMINATION MADE TO INCLUDE 4/1/2010 AND TO DISCLOSE IF SUBJECT PREMISES IS IN FACT SINGLE AND SEPARATE OWNERSHIP AS APPEARS FROM THE CHAINS OF TITLE ANNEXED HERETO AND THAT THE EFFECTIVE DATE OF THE APPLICABLE ZONING ORDINANCE 111157. AND THAT THIS AFFIDAVIT IS MADE TO ASSIST THE TOWN OF SOUTHOLD BOARD OF APPEALS TO REACH ANY DETERMINATION WHICH REQUIRES AS A BASIS THERETOFORE THE INFORMATION SET FORTH HEREIN AND KNOWING FULL WELL THAT SAID BOARD WILL RELY UPON THE TRUTH THEREOF. LIABILITY OF THIS COMPANY IS LIMITED TO $25,000.00 FOR ANY REASON. DATED: 4/27/10 SWORN TO BEFORE ME THIS 27th DAY OF API~IL; 2010 NOTARY PUBLIC PECONIC ABSTRACT, INC. JEANNE , OFFICE MANAGER MICHELLE VAIL Notary Public, State of New York No. O1VA4989798*Suffolk County C¢ remission Expires D~cember 16, 20 Title No.: PAC-4006 Subject Premises: 1000-030.00.02.00.073.000 May Cooper Francisco To Arthur L'R- Francisco and Helen T. Francisco, his wife Dated: 1/30/56 Recorded: 2/1156 Liber 4063 page 332 (Entire Map) Arthur L.R. Francisco and Helen T. Francisco, his wife To Pebble Beach Realty Inc. Dated: 10/31/72 Recorded: 11110/72 Liber 7279 page 489 (Entire Map) Map of Pebble Beach Farms filed 6/11/75, Map #6266. Pebble Beach Realty Inc. To Roscoe A. Rossi and Rosalind M. Rossi, his wife Dated: 1/28/80 Recorded: 2/5180 Liber 8774 page 205 (Subject Premises) Roscoe A. Rossi and Rosalind M. Rossi, his wife To Edward S. Kondak and Patricia T. Kondak, his wife Dated: 11/29184 Recorded: 12/5/84 Liber 9690 page 341 Edward S. Kondak and Patricia T. Kondak, his wife To Ekaterini Mihalios Dated: 514188 Recorded: 5~9~88 Liber 10598 page 252 Continued ..... Sworn to before me this 27th day of April, 2010 Notary Public PECONIC ABSTRACT, INC. Jeanne A~ffice Manager MICHELLE VAIL Notary Public, State of New York No. 01VA4989798-Suffolk County Cc remission Expires D~cember 16, 20 Title No.: PAC.4006 Subject Premises: 1000.030.00.02.00.073.000 Continued ..... Ekaterini Mihalios To Nick Mihalios and Ekatedni Mihalios, as Tenants in Common Dated: 2/9100 Recorded: 4/6/00 Liber 12032 page 716 LAST OWNER OF RECORD Sworn to before me this 27t~ day of April, 2010 Notary Public PECONIC ABSTRACT, INC. Jeanne An ff.,~e.~.~, ice Manager MIcHELLE VAIL Notary public, State o4 New York o 01VA4989798-Suflolk County _ N :~sion Expires Ducembe~ 16, 20 gC mp~q~ Title No.: PAC-4006 North of Subject Premises: LONG ISLAND SOUND South of Subiect Premises: THE STAND Sworn to before me this 27t~ day of April, 2010 Notary Public PECONIC ABSTRACT, INC. ~eY~nne Ans~, Office Manager MICHELLE VAIL Notary Public, State of New York No. 01VA4989798-Suffolk County Cc remission Expires December 16, 20 Title No.: PAC-4006 East of Subject Premises: 1000-030.00-02.00-074.000 May Cooper Francisco To Arthur L'R- Francisco and Helen T. Francisco, his wife Dated: 1130156 Recorded: 2/1156 Liber 4063 page 332 (Entire Map) Arthur L.R. Francisco and Helen T. Francisco, his wife To Pebble Beach Realty Inc. Dated: 10131/72 Recorded: 11/10/72 Liber 7279 page 489 (Entire Map) Map of Pebble Beach Farms filed 6111175, Map #6266. Pebble Beach Realty Inc. To Thomas F. Mallon, Jr. and Elizabeth A. Mallon, his wife Dated: 11/3180 Recorded: 11110/80 Liber 8912 page 177 (Subject Premises) Thomas F. Mallon, Jr. and Elizabeth A. Mallon, his wife To Nick Mihalios and Ekaterini Mihalios, his wife Dated: 3110/86 Recorded: 3~24~86 Liber 10002 page 457 Nick Mihalios and Dated: 2/9/00 Ekaterini Mihalios, his wife Recorded: 4~6~00 To Liber 12032 page 717 Nick Mihalios and Ekaterini Mihalios, as Tenants in Common LAST OWNER OF RECORD Sworn to before me this 27t~ day of April, 2010 Notary Public MICHELLE VArL Notary Public, State of New York No, 01VA4989798-Suffolk County ~ Cc mmission Expires D~,cember 16, 20 FJ PECONIC ABSTRACT, INC. By: ~ Jeanne Anste~t,J~ffice Manager Title No.: PAC.4006 West of Subiect Premises: 1000.030.00.02.00.070.000 May Cooper Francisco To Arthur L'R- Francisco and Helen T. Francisco, his wife Dated: 1/30/56 Recorded: 2/1156 Liber 4063 page 332 (Entire Map) Arthur L.R. Francisco and Helen T. Francisco, his wife To Pebble Beach Realty Inc. Dated: 10/31/72 Recorded: 11/10172 Liber 7279 page 489 (Entire Map) Map of Pebble Beach Farms filed 6/11/75, Map #6266. Pebble Beach Realty Inc. To Michael Prois and Maria Prois, his wife Dated: 9/18/80 Recorded: 9~25~80 Liber 8887 page 545 Michael Prois and Maria Prois, his wife To Maria Prois Dated: 616195 Recorded: 819195 Liber 11736 page 782 Maria Prois To Peter Panagopoulos Dated: 2/17/00 Recorded: 2/28/00 Liber 12023 page 248 LAST OWNER OF RECORD Sworn to before me this 27th day of April, 2010 , Notary Public PECONIC ABSTRACT, INC. By: ,~ - Jeanne Anstdtt~3ffice Manager MICHELLE VAIL Notary Public, State o! New York No. 01VA4989798*Suflotk County Commission Expires December 16, 20 Fax Server 4/27/2010 3:54:42 PM PAGE' ~/~05 Fax Server Aprd .,., ~0:[ 0 Town Of So'~tthold :P. O. Box 1409 Sottthotd, New YeaSt 11971 R E: Please, btl advisefl dmt Pe¢onie: Albstr~el'~ In'e, is t[ duly eonsti!utcd ~d authorized agmt ol'Fi~t Amedcan Ti~l~ Ins~an;~ Comply o~New Ye&. As sach agont, s~d Company ;~ ~;t fully on om' bdmlF m~d m ~ stead and bas lbo authority m pr~im and is~u~ C~gi~cate m~d Report of Tides, on,J[ t~l[~ ~ep/~ons, ~l.l~t fit~ im;~r~ce ~r~miurn~ ~d is~t~.~ Title ln~mm~ PoLicies and :Endo~tmmm~ thereto. have itny qi.te~:tions :in'thls mgm-d, please fet:l fi'ee to earl me at any time. Wry ;ruL?' ye, uts,. ..);' 4: .,',,'. ,i.,'; ~.'"' ':";." X, J,m., /' ,,.'?<~,:,~:~?~:t'.? Z,: ./~' Z/;~~:''~''' Comclkzs V~ Who~;dey Vice Presidmt ami. ~k~mcy Cmm~l CV W/pmh 405 Osu'ander AYmme. R.iverheacL New York l i 901 Arm! Micb,::lh~ Vail Title No. PAC-4006 (Tax Lot 74) VARIANCE SEARCH JEANNE ANSTETT, BEING DULY SWORN DEPOSES ANI}~.cY~S~: IpPE. ziL$ THAT SHE RESIDES AT 386 MARCY AVENUE, RIVERHEAD, NEW YORK AND IS OVER THE AGE OF 21 YEARS AND THAT SHE IS THE OFFICE MANAGER OF PECONIC ABSTRACT, INC., AN AUTHORIZED AGENT FOR FIRST AMERICAN TITLE INSURANCE COMPANY OF NEW YORK, AND THAT UNDER HER SUPERVISION AND DIRECTION, TITLE WAS EXAMINED TO THE PARCELS OF LAND DESCRIBED ON THE ANNEXED SCHEDULE THAT SAID EXAMINATION MADE TO INCLUDE 4/112010 AND TO DISCLOSE IF SUBJECT PREMISES IS IN FACT SINGLE AND SEPARATE OWNERSHIP AS APPEARS FROM THE CHAINS OF TITLE ANNEXED HERETO AND THAT THE EFFECTIVE DATE OF THE APPLICABLE ZONING ORDINANCE 111/57. AND THAT THIS AFFIDAVIT IS MADE TO ASSIST THE TOWN OF SOUTHOLD BOARD OF APPEALS TO REACH ANY DETERMINATION WHICH REQUIRES AS A BASIS THERETOFORE THE INFORMATION SET FORTH HEREIN AND KNOWING FULL WELL THAT SAID BOARD WILL RELY UPON THE TRUTH THEREOF. LIABILITY OF THIS COMPANY IS LIMITED TO $25,000.00 FOR ANY REASON. DATED: 4127/10 SWORN TO BEFORE ME THIS 27th DAY OF APRIL, 2010 NOTARY PUBLIC PECONIC ABSTRACT, INC. BY:. ~ JEANNE/t~IST/E~T, OFFICE MA'I~GE R MICHELLE VAIL Notary Public, Stete o~ New york 4989798-SuffOlk Count~ Commission ~.xp,res Title No.: PAC-4006 Subject Premises: 1000.030.00.02.00.074.000 May Cooper Francisco To Arthur L'R- Francisco and Helen T. Francisco, his wife Dated: 1/30/56 Recorded: 2/1156 Liber 4063 page 332 (Entire Map) Arthur L.R. Francisco and Helen T. Francisco, his wife To Pebble Beach Realty Inc. Dated: 10/31172 Recorded: 11/10172 Liber 7279 page 489 (Entire Map) Map of Pebble Beach Farms filed 6/11175, Map #6266. Pebble Beach Realty Inc. To Thomas F. Mallon, Jr. and Elizabeth A. Mallon, his wife Dated: 11/3180 Recorded: 11110180 Liber 8912 page 177 (Subject Premises) Thomas F. Mallon, Jr. and Elizabeth A. Mallon, his wife To Nick Mihalios and Ekaterini Mihalios, his wife Dated: 3110186 Recorded: 3~24~86 Liber 10002 page 457 Nick Mihalios and Dated: 2/9/00 Ekaterini Mihalios, his wife Recorded: 4/6100 To Liber 12032 page 717 Nick Mihalios and Ekaterini Mihalios, as Tenants in Common LAST OWNER OF RECORD Sworn to before me this 27t~ day of April, 2010 Notary Public MICHELLE VAil. Notary p.bl[c, State of New York 4989798-Suffolk County No, 01VA Commission Expires D~.cember ~o, PECONIC ABSTRACT, INC. Jeanne Anst ~,e~)ffice Manager Title No.: PAC-4006 North of Subject Premises: LONG ISLAND SOUND South of Subject Premises: THE STAND Sworn to before me this 27~ day of April, 2010 , Notary Public PECONIC ABSTRACT, INC. Jeanne e Manager MiCHELLE VAIL Notary Public, State o! New York No. 01VA4989798-Suflolk Count' C¢ remission Expires Ducember 16, 20 Title No.: PAC-4006 East of Subject Premises: 1000-030.00-02.00-077.000 May Cooper Francisco To Arthur L'R- Francisco and Helen T. Francisco, his wife Dated: 1/30/56 Recorded: 2/1156 Liber 4063 page 332 (Entire Map) Arthur L.R. Francisco and Helen T. Francisco, his wife To Pebble Beach Realty Inc. Dated: 10/31/72 Recorded: 11110/72 Liber 7279 page 489 (Entire Map) Map of Pebble Beach Farms filed 6111/75, Map #6266. Pebble Beach Realty Inc. To YunYong Thongcharoen and Namthipya Thongcharoen, his wife Dated: 12/1/80 Recorded: 12/8/80 Liber 8926 page 166 (Subject Premises) YunYong Thongcharoen and Namthipya Thongcharoen, his wife To Namthipya Thongcharoen Dated: 11/30/81 Recorded: 12/29/81 Liber 9121 page 95 Namthipya Thongcharoen To Albert Tesoriero Dated: 1111/82 Recorded: 11110182 Liber 9268 page 444 Albert Tesoriero To Jack Cipriano Dated: 1/19/84 Recorded: 6~24~84 Liber 9500 page 499 LAST OWNER OF RECORD Sworn to before me this 27t~ day of April, 201~) _ Notary Public MICHELLE VAIL Notary Public, State o4 New York A4o89798_SuflOlk CountY Nc~. 01V ,-i,'--;ms D~,cembe~ 16, 20 PECONIC ABSTRACT, INC. Jeanne Anste'tt~ffice Manager Title No.: PAC.4006 West of Subject Premises: 1000-030.00-02.00.073.000 May Cooper Francisco To Arthur L'R. Francisco and Helen T. Francisco, his wife Dated: 1130/56 Recorded: 2/1/56 Liber 4063 page 332 (Entire Map) Arthur L.R. Francisco and Helen T. Francisco, his wife To Pebble Beach Realty Inc. Dated: 10/31/72 Recorded: 11110172 Liber 7279 page 489 (Entire Map) Map of Pebble Beach Farms filed 6/11175, Map #6266. Pebble Beach Realty Inc. To Roscoe A. Rossi and Rosalind M. Rossi, his wife Dated: 1128/80 Recorded: 2/5/80 Liber 8774 page 205 (Subject Premises) Roscoe A. Rossi and Rosalind M. Rossi, his wife To Edward S. Kondak and Patricia T. Kondak, his wife Dated: 11129/84 Recorded: 12/5/84 Liber 9690 page 341 Edward S. Kondak and Patricia T. Kondak, his wife To Ekaterini Mihalios Dated: 5/4/88 Recorded: 5/9188 Liber 10598 page 252 Continued ..... Sworn to before me this 27th day of April, 2010 ' Notary Public MICHELLE VAIL Notary Public, State of New York No. 01VA4989798-Suflolk County Ccmmiss[on Expires D~cember 16, 20 PECONIC ABSTRACT, INC. Jeanne Anst ff,d~ice Manager Title No.: PAC-4006 West of Subiect Premises: 1000-030.00-02.00.073.000 Continued ..... Ekaterini Mihalios To Nick Mihalios and Ekaterini Mihalios, as Tenants in Common Dated: 2/9/00 Recorded: 4/6100 Liber 12032 page 716 LAST OWNER OF RECORD Sworn to before me this 27th day of April, 2010, Notary Public PECONIC ABSTRACT, INC. By: st~lce Man Jeanne An ager MICHELLE VAIL Notary Public, State of New York No. 01VA4989798-Suffolk County r~mission Expires D~,cembe, 16, 20 Fax Server 4/27/2010 4:24:54 PM PAGE 31004 Fax Server o~'.New'?0ek April ~7, 2.010 TowU ~f Southo.ld P, O. Box ~409 So'T:bokt, New York 11!)7] T~tie, N'().:: PAC-4006 (21) Tax ,:~ap No.: [000/030;00/02 00/074 000 £)wn~rs: Nick [Vlihalios and 7~katerini MihaHo~ as tenants Dear Sir or Madam: l:'leaue be advist~ that Peconie Al)~track [ne. is a duly consti.tutcd trod aulhorized ~¢ml oiTF[rst Amed~n Title ht~urance Company of New York. As suc, h a~nt, said. Compaaycai .act ~hllv~ on om b~hal'['.a~d m om- s.tead m'td has the authority ~, prepare and issue Gcrtificate a~ 'Rqmn of T tI~, omi[ [itie e:xc~tiuns, collcc~ :title ~sur~lcc prmnitmm and ~sst!c 'rltt¢ ~[~stl;t~ce .policies It yuu have any qaestlo¥~s h:~ this re,)~ard, please feel: fi'ee to'ca I mc at arty time. Very Iru[y · " / · ,"" f,/):,~ F~:" /./ Comelfl)s V,~ Vice Pres}dei'~t and Ag ~n ~y Counsel CVW/pmh Peeonie Abstraeh Inc. 405 Os~r~-md er Avmmc-. 'R.ive~head, New Yo~k 1 t 901 Atl:)i: M ich~xlle Vail PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 RECEIVED BOARD OFAPPEALS Tel: (631) 765-4330 Fax: (631) 765-4643 Margaret Rutkowski Betsey Perkins Secretaries April 29, 2010 Southold Town Zoning Board of Appeals Leslie Weisman, Chairperson Southold Town Hall 53095 Main Road Southold, NY 11971 Re: Nick Mihalios and Ekaterini Mihalios 1000-30-2-73 & 74 Dear Chairman and Board members: In accordance with your request, enclosed please find the single and separate title search which you requested. Nick Mihalios and Ekaterini Mihalios, his wife, in February 2000, solely for estate planning purposes, transferred title of the vacant lot which they purchased separately in 1988 from Ekaterini Mihalios into both their names. The adjacent improved lot has been in both their names since they purchased the property in 1986. While the two parcels are in common ownership, according to Mike Verity, building inspector, the two parcels did not merge. The lots are in the Pebble Beach Farms clustered subdivision. Since the lots are clustered they were developed in accordance with the clustered setbacks and one acre yield approved by the Planning Board through their subdivision review. Cluster subdivision lots in the Pebble Beach Farm subdivision will not merge and the building setbacks are set forth on the subdivision map. Mr. Verity offered to either testify at the hearing or forward a communication to the Board to confirm my telephone conversation with him. Very t~y yours, Patricia C. Moore cc: Mr. and Mrs. Mihalios Michael Verity, Building Inspector PEBBLE BEACH FARMS LOT OWNERS ASSOCIATION P.O. Box 387 East Marion, New York Mr. & Mrs. Peter Panagopolas P.O. Box 432 Orient, New York 11957 May 26, 2003 BOARD OF APPEALS Re: Shipping Container Maintained at Pebble Beach Farms Dear Mr. & Mrs. Panagopolas: I am writing to you regarding the shipping container that you are maintaining on Pebble Beach Farms (PBF) propegty, located at the front of your building lot. ~ There have been a number of complaints about this container being maintained on PBF property; there also exists the possibility of liability to PBF in the event of an accident or other occurrence. Demand is hereby made that you remove the container from the property of PBF forthwith; in the event of any damage caused, incurred or suffered by or to PBF as a result of the wrongful maintenance of this container, PBF will look to you to indemnify and hold it harmless from any and all losses. I know you understand our concern and appreciate your cooperation in this matter. cc: Board of Directors Very truly yours, PEBBLE BEACH FARMS LOT OWNERS ASSOiC~, TION By: ANTHONY VIVONA, President Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road RO. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, APRIL 22, 2010 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 1~971-0959, on THURSDAY~ APRIL 227 2010: t0:50 A.M. NICK MIHALIOS #6361. Request for Variances from Code Section 280-105, based on an application for building permit and the Building Inspector's November 30, 2009, updated March 24, 2010 Notice of Disapproval "as Built" fence, (1) more than the code required height of 4 feet in a front yard, (2) more than the code required height of 6 '/~ feet in the side and rear yards, at 1230 The Strand, East Marion, NY. SCTM#1000-30-2-73. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please do not hesitate to contact our office at (631) 765-1809, or by email: Vicki. Toth(~,,Town. Southold. ny.us. Dated: March 30, 2010 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By Vicki Toth 54375 Main Road (Office Location) 53096 Main Road (Mailing/USPS) P.O. Box tt79 Southold, NY 11971-0959 #9717 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) REC~I'ED APR 2 0 2010 BOARD OF APPEALS Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1__ week(s), successively, commencing on the 15th dayof April, 2010. Principal Clerk Sworn to before me this 1~I~ dayo, ~//~ t~"~td 2010. NOTARY PUBLIC-STATE OF NEW YORK NO. 01-VO6105050 Qualified In Suffolk County SO LrfH~*LD TOWN ZONI~NG BOARD OF APPEALS THURSDAY, APRIL 22, 2010 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, put2 suant to Sectioa 267 ofth"e Town Law and Town Code Chapter 280 (Zoning),Town of Southold, the fo ow ng pub ¢ hear¢ ings Wili be held b~z the SOUIHOLD TO",VN ZONING BOARD OF AP+ PEALS al the Town Hall, 5~095 Mai~ Road, l~O Box 1179, Southo]d, Ne'/) ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: htlp://southtown.northfork.net March 22, 2009 Re: Town Code Chapter 55 - Public Notices for Thursday, April 22, 2010 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Times Review newspaper. 1) Before April 1st: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to al._Jl owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable1 you are requested to make other attempts to obtain a mailin.q address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arran.qements were made in either a written statement, or durin,q the hearin.ql providin,q the returned letter to us as soon as possible; AND not later than April 2nd: Please either mail or deliver to our office your Affidavit of Mailin.q (form enclosed) with parcel numbers, names and addresses noted, and furnish to our office with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later April 14th: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at your property for seven (7) days (or more) until the hearing is held. Securely place the sign on your property fa~ing the street, no more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is available for the additional front yard. Please deliver or mail your Affidavit of Postin.q for receipt by our office before April 20, 2010. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Encls. NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall~ 53095 Main Road, Southold-- NAME: MIHALIOS, E. # 6361 MAP #: 1000-30-2-73 VARIANCE: FENCE HEIGHT-FRONT, SIDE AND REAR YARD REQUEST: "AS BUILT FENCE" DATE: THURS, APRIL 22, 2010 10:50AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of NICK MIHALIOS (Name of Applicant) SCTM Parcel #1000-30-2-73 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF MAILINGS I, BETSY PERKINS, residing at Mattituck, New York, being duly sworn, depose and say that: ..~, ~ On the ~'~1 day of MARCH, 2010, I personally mailed at the United States Post Office in S-outhold, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the ( X ) Assessors, or ( ) County Real Property Office, for every property which abuts and is across a public or private street, or vehicular right-of- way of record, surrounding the applicant's property. Sworn to before me this '~/~l'- day of MARCH, 2010. { (N~tary Public) MARGARET C. RUTKOWSK] Notary Public, State of New York No. 4982528 Qualified in Suffolk County Commission Expires June 3, ~,0/I PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of NICK MIHALIOS AFFIDAVIT OF SIGN POSTING Regarding Posting of Sign Upon Applicant's Land Identified as 1000-$0-2-73 COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Patricia C. Moore, residing at 370 Terry Lane, Southold, New York 11971 being duly sworn, depose and say that: On the l~t day of APRIL, 2010, I personally placed the Town's official Posters, with the date of hearing and nature of the application noted thereon, securely upon the property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) - facing the street or facing each street or right-of-way entrance*; and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be Thursday, APRIL 22, 2010. Patricia C. Moore Sworn to before me this yC~ day of April, 2010 /?10~t~'ry-P ~- : *near the entrance or driveway entrance of the property, as the area most visible to passersby. MIHALIOS NEIGHBOR LIST SCTM: 1000-30-2-73 PETER PANAGOPOULOS PO BOX 9031 LONG ISLAND CITY NY 11103 SCTM: 1000-30-2-70 TERRANCE M. WHALEN AND ANN M. WHALEN 14 FIRST PLACE GARDEN CITY NY 11530 SCTM: 1000-30-2-72 NICK MIHALIOS & EKATERINI MIHALIOS 29-25 24TM AVE. ASTORIA NY 11102 SCTM: 1000-30-2-74 RECEIPT FROM: RECEIPT 7192 6463 3110 0000 ¢x500 FROM: PATRICIA C. MOORE ESE[. RE: MIHALIOS ZSA HEARING RECEIPT 71926463311000006517 FROM: PAHRIC~A C MOORE ESQ. RE: MI~IALIO S ZBA HEARING SEND TO: pETER pANAGOPOULOS PO BOX 9031 LONG ISLAND CITY NY 11103 FEES: cat. Fee TOTAL POSTMARK OR D~TE, SEND TO: TERRANCE M WHALFN AND ANN M WHALEN 14 FIRST PLACE GARDEN CITY NY 11530 SEND TO: NICK MIHAL]OS & EKATE RIN[ MIHALIOS 29-25 24TH AVE ASTORIA NY 11102 FEES: FEES: postage 044 postage 044 tOTAL TOTAL $ 5~54 7 PATRICIA Cj~OORE ESQ. 51020 MAIN~IAD SOUTHOLD NY 11971 Received By: (Please Print Clearly) 7192 6463 3110 0000 6500 C. Date of Delivery 1. Article Addressed To: TERRANCE M. WHALEN AND ANN M. WHALEN 14 FIRST PLACE GARDEN CITY NY 11530 PATRICIA C- MOORE ESQ. 51020 MAIN ROAD SOUTHOLD NY 11971 4. Restricted Delivery? J 3. Service Type (Extra Fee) [] YesJ CERTIFIED 2. Article Number 7192 6463 3110 0000 6517 ,92 6463 3110 000~'6-~17 ressed To: ,.~. S~'~, · IIHALIOS ~.,:,~i ~-~' PATRICIA C. MOORE ESQ. S1020.MAIN ROAD SOUTHOLD NY 11971 7192 6463 3110 0000 6494 10 0000 6494 PETER P~NA-GOPOULOS PO BOX 9031 LONG ISLAND CITY NY 11103 J STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1__ week(s), successively, commencing on the 17th day of June, 2010. Principal Clerk Sworn to before me this 2010. LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS WEDNF~DAY 2UNE 30, ~010 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pur- suant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning),Town of Sonlhold, the fallowing public hear- ings will be 'held by the SOUTHOLD TOW'N ZONING BOARD OF AP- PEALS at the Town Hall, 53095 Main Road, RO. Box 1179 Southold, New York 11971-0959, on ~ 9-.~0 A.M~ MARY ZUPA g6394: Request for Variance from Code Sec- buBding permit to build a new single family dwelling in addition to an exist- lng marina, and the Building Inspector's March 24, 2010, Amended April 1, 2010 Notice of Disapproval stating that the proposed construction is not permitted unless the same conforms to the Bulk Sebednle and Parking Schedule propos- al is at less than the code required 80,000 sq. ft. of land. Location of Property: 580 BaSin Rd., (adjacent to Southold Bay) Southold, NY. SCFMg1000-81-1-16.7. Zone: R-80. Clhe Zen/ag Board of Ap- peah, in its D~:/alon # 5244 dated Augwt 2, 2004, graa~t rite appl/cam tel/el bom the 80,000 sq. ft. requirement to allow the construction of a new single family dwelling, however, the grant was con- ditioned upon either the abandonment of the existing, legal non-conforming marina use or the grant of a variance pursuant to Section 280-121G that would allow the non-conforming use to continue in conjunction with the single family dwelling - a permitted use. This application is being made to tnlffll this condition.) Requesi for Variances from Code Sec- tion 280-10(A) based on an application for building permit and the Building In- spector's March 1S, 2010, Not/ce of Dis- approval concerning waiver of merger which states that the nonconforming lots shall merge until a total lot s/ze conforms to the current bulk schedule (minimum 40,000 square feet in this R~10 Residen- t/al Zone District). This ]and merged w/th the adjacent property located to the south identified as S C'IS/! #1000-79-4-41 at; 500 Harbor Lights Dr., Southold, NY. quest for Variances from Code Sections 280-124 & 280-116 based on an applica- tion for building permit and the Building Inspector's January 12, 2010, Updated March 15, 2010, Notice of Disapproval concerning construction of a new single family dwalilng, at (1) less than the code required minimum rear yard setback of 35 feet, (2) less than the code required setback from a bulkhead of 75 feet at; 750 West Lake Dr., Southold, NY. S~M#1000-90-2-1. (adj. to Litt/e Pc- conic Bay anti dug Inlet) 10..30 A.M~ ANDREW GREENE //6387. Request for Variances from Code Section 280-116(A) based on an applica- tion for building permit and the Build- lng Inspector's March 24, 2010, Notice of Disapproval concerning construction of an acce~ory In-ground swimming pool at less than the code required setback from a bluff nf 100/oct at; 30653 Route 48, Peconic, NY. SCRM#1000-73-4-5. (adj. to Long Island Sound) 10-.50 A.M. THOMAS and NANCY ~ Request for Vari- ance from Code Sect/on 280-124, based on aa application for building permit and the Building Inspector's November 20, 2009, Updated February 18, 2010, N0~ice of Disapproval concerning "as built" deck addition at less than the code required front yard setback of 35 feet S~#100043-i-9.a~ 273 Manhasset Rd., Greenport. NY._ 1L'00A.M. CHARLES MAT~I~ (BELLMATT PROPERTIES. LLCI g638L Request for Variance from Code Section 280-124, based on an applica- tion for building permit and the Build- ing Inspector's March 1 2010, Notice of Disapproval concerning deck additions at less than the code requked front yard setback of 35 feet at; 545 Koke Dr., Southnld, NY, SCTMg1000-87-5-14. 11:15 A.M. FRANK and DONNA SCAROLA and DONNA PERRIN #6382. Applicants request a Special Ex- cept/on under Section 280-13B(14),.The Apphcants are thc owners requesting authorization to expand ~n Accessory Bed and Breakfast, accessory and inci- dental to their residential occupancy In this single family dwelling, fi~rn three (3) bedrooms to five (5) bedrooms foe ]edging and serving Of breakfast to the B&B casual, transient roomer~ Location of Property: 4850 Sound Ave., Mait/tuch; CTM 121-3-6. ~ ~ JOSEPH E GONZA! ~ Request for Variances/rom Code Sect/on 280-116 ba~ed on an application for building permit and the Bnliding In- spector's Amended December 10, 2009, Updated March 9, 2010, Not/ce nf,Dis- approval concerning "as built" rear deck and existing sheds, at less than the code required setback from a bulkhead of 75 feet at; 2700 Ole Jule Lane Mathtuck, NY. SCTM#1000-122-4-14. (adj. to James Creek) 11~4~ A.M. ALEXANDER L. and TRACY M. suTroN #6~, Request for Variances from Code Section 280-I8 based on an application for building per- mit and the Building Inspector's October 14,2009, Updated March 18,2010, Notice of Disapproval concerning proposed two lot subdivision, with total lot area less than the code required 80,000 square feet for two lots at; 1160 North Bay'dew Rd., Southold, NY, SCTM#1000-78-9-54 & ?8. Zone: R-40. NOTARY PUBLIC-STATE OF NEW YORK No. 01-VO6105050 Qualified in Suflotk County · CarryoverH~arings, continued from prior meetings and pending additional information: Adjourned from Public Hearing March 25, 2010: Adjourned from Public Hearing Feb- ruary 25, 2010: 1'.30 PM. MARC and DEIRD~i~ Adjourned from Public Heating Ap~ 22, 2010 The Board of Appeals will hear alt persons, or their representatives, desir- ing to be heard at each hearing, and~or desiring to submit written statemeats before the con~lnsion of each hcarin~ Each hearing will not start earlier tlwa disignated above. Files are available f~ review during regular busineas hours and prior to the day of the heating. If you have questions, please do not hesi- tate to contact our office at (631) 765- 1809, or by e-mail: Vicki.Toth/gqbwa. Southold.ny. us. Dated: June 9, 2010 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAI~- pE~ON BY VICKI TOTH 54375 Main R~ad (Office Location) 53095 Main Road (Mailing/US~) P.O. Box 1179 Southold, NY 11971-0959 9814-1T 6/17 Office Location: Town Annex/First Floor, Capi~ One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork, net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-180~ Fax (631) 765.9064 December 7, 2009 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. (6361 Dear Mark: We have received an application for an "As built" installation of an 11 foot high fence on vacant parcel in front yard. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedtlres of LWRP Section 268-5D is requested within 30 days of receipt of this letter. ~: Thank you. Very truly yours, Encls. Gerard P. Goehringer Chai _~/~ ~ By: Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Yotmgs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971~0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765.1809 Fax (631) 765-9064 December 11, 2009 Mr. Thomas Isles;Director Suffolk County De. partment of Planning P.O. Box 6100 Hauppauge, NY t1788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to~XIV of the Suffolk County Administrative Code: /.. ____ V ZBA File ~L636~:)wnedApplicant: Mihalios, Nick Action Requested: Fence height, front yard. Within 500 feet of.' ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) , ( ) Boundary of Existing or Proposed County, State, Federal land. .~ ( )Boundary of Agricultural District "( ) Boundary of any Village or Town ' If any other inforn~ation is needed, please do not hesitate to call us. Thank you. Very trulY yours, Encls. Gerard,p_,. Goehringer ~ ~ , By: (JK~ ~L/V~ A)uuut]~ BOARD MEMBERS Leslie Kanes Weisman, Chai~erson James Dinizio Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.north fork.net ZONING BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 · Fax (631) 765-9064 August 19, 2010 Patricia Moore, Esq. 51020 Main rd Southold,/~71 Re: ZBA~,.~ffMihalios Dear Ms. Moore: Transmitted for your records is a copy of the Board's $~k~.~ .2010 Findings, Deliberations and Determination, the original of which was filed ~vi~ the Town Clerk regarding the above application for variances. Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of this determination to the Building Department. If you have any questions, please call the office. Sincerel.~ Vicki Toth Encl. Cc: Building Dept. 030 LOT 122 TOP C RECEi~/ED JUL 2 1 ~OfO BOARD OF APPEALS E,v, Is'r]NG RAILROAD TIE WALL PROPOE~ED CHAIN LINK. FENCE TO CONTINIJE DOWN TO GRADE OF LOT 128 PROPOSED CHAIN LINK FENCE GRADE OF LOT 128 LOT 123 DATUM ELEVATION = 0'-0" 207.5? FRO?OSED HEIGHT OF CHAIN LINK FENCE MIHALIOS' SiI~E PROPOE, E[~ CHAIN LINK F~NCE TO CONllNUE DOWN TO GRADE OF LOT 12~ N LINK FENCE NEI6HBOR'S SIDE ELEVATION & SECTION PROJECT TITLE Mihalios Residence LOT 1:23 THE STRAND EAST MARION, LANE NY 119~9 SCALE DRAWN BY P.M.H. PROd. DATE: 7/13/10 CHECKED BY ?/t~l~O NO. A-1 PROJECT NO. F~:ONT LINC 4' FENCE COMPLIANT PROPOSED CHAIN LINK FENCE + LOT 12~ ELE[V: DATUM HA~N LINK FENCE ELi 2'-0" LOT 1f13 TOP + LOT 12~ ELEV: DATUM Ct-O" ENCE ?I~O?ODEP CHAIN UNK FENCE TO GRAPE OF LOT 12~ LZ O0 LOT 123 DATUM ELEVATION = 0'-0" 207.5? ELEVATION & SECTION PROJECT TITLE Mihalios Residence PKOF'OSED CHAIN LINK P~JCE LOT 123 THE STRAND LANE EAST MARION, NY 11939 SCALE DRAWN BY P.M,H. ~RO,. ~ATE: 11/5/09 CHECKED BY 11/5/o9 NO. A-1 PROJECT NO,