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HomeMy WebLinkAbout2910Menakis, Demos 11/5/81 ~2910 21 11 granted permission to construct new dwelling 980 Aquaview Avenue, East Marion Town of Southold Board of Appeals COUNTY OF SUFFOLK- DEPARTMENT OF PLANNING (516) 360-5513 January 7, 1982 Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following applications 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 M,?n~c~pal File Number 'Wilbur A. Baldwin Righard & Joan Zeisler ~s Menakis 2899 2903 2910/ Very truly yours, Lee E. Koppelman Director of Planning Gerald G. Newman Chief Planner Southold Town Board of Appeals APPEALS BOARD MEMBERS CHARLES GRtGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGER JOSEPH H. SAWICKI January 8, 1982 Richard J. Cron, Esq. Main Road Cutchogue, NY 11935 Re: Appeal No. 2910 - Demos Menakis Dear Sir: Attached herewith is a copy of the formal findings and determination of the Board of Appeals recently rendered and filed with the office of the Town Clerk concerning your appeal. In the event your appeal has been approved, please be sure to return to the Building Department for approval of any new construction or for a certificate of occupancy of the premises, as may be applicable. If you have any questions, please do not hesitate to call either our office or that of the Building Inspector at 765-1802. Yours very truly, GG:lk Enclosure GERARD P. CHAIRMAN GOEHRINGER, JR. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 2S SDUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: · X Variance from the Zoning Code, Article IZZ , Section ~00-3~ Variance from Determination of Sout~old Town Building Inspector Special Exception, Article , Section SPecial Permit Appeal No.: ~J~O Applicant: ~S ~8 Location of Affected Land: ~0 JJ~V~ ArgUe, ]~llSt ~iOn~ ~ County Tax Map Item No.: 1000-2~-3-~ within 500 feet of: ~Town or Village Boundary Line X~ Body of Water (Bay, Sound or Estuary)L.X. ~ 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 Estab- lished Channel Lines, or Within One Mile of a Nuclear ~ower Plant Within One Mile of An Airport. COMMENTS: Applicant ~- ~ =~ ~ ~o oonmtruct new dwell~nq w~th 30' 8otbmek o££ ¢lxele D~ve, Copies of Town file and related documents enclosed herewith for your review. Dated: J~%~ 4, ~982. Secretary, Board of Appeals Today's Date: IHembers Absent, ii any: THURSDAY, NOVEMBER 5, 1981 Appeal No. o~f/O Agenda Item/blatter of: -I~EMO-S..M. FNA~ ! S Type o£ Variance or Appeal: ARF.~ARi~4NCE _ N.ew dwe__lli__nq .w_ith insufficient Resol'ution made by: Seconded by: Action: setbac ( ) Approve as applied for ( ) Deny as applied for ( ) Deny ( ) Deny without prejudice ( ) '~fithdrawn without Prejudice ( ) in frontyard' off Circle Drive. 980 Aquaview Ave, East Mg GCrharles ~er0e ~Robe~t ~ Gerard ~gonls ( ) ( ) ( ~/~pprove with the following conditions: / (.Subject to County Plannino referral ) Subiect to Plannino Board approval ) Subject to D.E.C.. requlations ( ) Other: Findings of the Board are as follows: Othe~ ( ) Not %v'ithin the Character of the Neighborhood ( ) Granting the Relief Requested is withi ( ) ( ) ( ) (,) ( ) ( ) ( ) ( ) Vote Variance is Substantial in Relation to Code Not .in ha~n.o, ny Fith purposes of the Ccde Hardship not suflicient Circumstances are. Not Unique Will set a prece.dent in the neighborhood Area is already very congested Interests of justice served by denying ( ) ( ) Othe~ for Special Exceptions of the Board: Ayes: ( ~C~ (/)'SD ( )~D ( ~GG ( Nay: ( ) ( ) ( ) ( ) ( ) Abstain: ( ) ( ) ( ) ( ) ( ) Absent: ( ) . ( ) ( ) ( ) ( ) Notes: spirit of the zoning code ( ) Relief is not substantial ( ) Burden of hardship or difficulty show: ( ) Circumstances are unique ( ) Variance wilt not change character o. the neighborhood Interests of Justice served by grantir '7 ~ CO~U~TY"OF SUFFOLK STA'~E OF NEW YORK ss: Patricia Wood, being duly sworn, says that she is the Editor, of TIlE LONG ISLAND -I-I'RAVELER-WATCIIMAN, 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 Long Island Traveler-Watch- man once each week for ................... -~ ................... weeks successively, commencing on the ....... ..~....c~. ...................... day ,~. .~ ..................... ' ~'~'~" ,C::~ Sworn to before me this ........ ..~... ................. doy of ........... ~ ............... , ~9...~.~, ~,ilham and Margaret Killlan,-~.~. No 5100 Private. Road off. Mill:'.~,-~*~ 9'30 Road, MaR,tuck, N.Y. 11952 Fran~s N.~risbiPeP,'~l~ea~.t for a Variance to th%~,oni.~g Ordinance, Article IIi~Weetlon N.Y. 6 a Variance to the 100.32 and Article XI, ~ction 100.1lSD for permisska to construct accesssury building in an area other than the required rearyard. Location of Property: 5100 Private Road off Mill Road, Mattituck; /bounded north by Holmes; west, sout~h and east by Martituck Holding Co.; Coun- ty Tax Map Parcel Item No. 1000-106.6-5. 8:30 p.m. Application of Allan C. Dickerson. Box 54, Main Road, Mattituck, N.Y. for a Variance to the Zoning Ordinance. Article VII, Section 100-71 and Bulk Schedule for permission to construct addi- tion to existing building with, an insufficient sideyard set- back in a B-1 General Business water Lane, Cutchogue Zoning Ordinance Article III, Sections 100-30 and 100-35 for permission to construct tenni~ ~ cou~ and fence exceeding the maximum four-foot height re- "~uirement in the frontyard area at 175 Clearwater Lane, cutchogue, N.Y.; Nassau Point Filed Subdivision Map No. 156, Subdivision Lot 106; County Tax Map Parcel Item No. 1000-118-$.2. Dated: October 15, 1981 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS ~ lT. 10/29/81(10); Northwest corner of Main Road and Wickham Avenue, MaRituck; bounded north by Case, west by Winiarz Estate and North Fork Liquor Corp.; ~outh by State Route 25; east by Wickham Avenue; Couniy Tax Map Parcel Item No. 1000-140-3-34. 8:40 p.m. Application of Dorothy C. Fleet, 5 Carmel Ridge Estates, Trumbull, CT. 06611, for a Variance to the Zoning Ordinance, Article III, Bulk Schedule, for approval of insufficient width of one parcel in a proposed two-lot division, premises described as Pe- quash. Acres Subdivision Lots Nod. 3 and 4; County Tax Map Parcels No. 1000-103-12-7 and 1000-137-2-20; further known as 3505 and 3655 Pequash Avenue, Cutchogue, N.Y. "'_8:45 p.m. Aonlication of Demos Menakisv by Richard J. Cron Es . Main Road Cutehn?.e.N.Y. for a Vari. ante to the Zonin~ Ordinanq~, Article Ill~ Section 100-30 and to construct new dwelling with an insufficient setback from Circle Drive at 980 Auuaviqw Avenue, East Marion, N.Y.;. bounded north by Aquaview Avenue; west b~' Circle Drive and Davies; south by Davies~ ~nst bv Nicbolis; County Tan Map Parcel Item No. 1000-21- ~ 3.11. 8:50 p.m. Applications of William and Helen Robison, 31 Rockledge Place, Cedar. ~"~Grove, N.J. by Abiga0 A. Wickham, Esq., for Variances to the Zoning Ordinance: 1) Aticle IH, Sections 100:30A and Bulk Schedule for approv- al of insufficient area and width of two proposed parcels, and 2) Article III, Section ..~ 100-31 and Bulk Schedule for permission to construct new dwelling with an insufficient frontyard setback. Location of Property: Northwest corner of Wavecrest ~ane and Saltaire Way, Mattituck; Salt Aire Estates Filed Map No. 4682, Lots 17 and 18; County Tax Map Parcels No. 1000-100.1. 14 and 15. 9:00 p.m. Application of Ronald Roberts, by Glenn F. · Heidtmann, Cox Lane, Cut- chogue, N.Y. for a Variance to the Flood Damage Prevention ;~'i Legal Notices LEGAL NOTICE NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Seuthold, a Regular Meeting and the following public hearings will be held by thd Seathold Town Board of Appeals at the South- old Town Hall, Main Road, Seathold, NY n Thursday, November 5, 1981 commenc- ing at 7:15 o'clock p.m. as follows: 7:15 p.m. Application of Isabel DuBois by Gada Con, tracting, Drawer B, Fishers Island, NY 06390, for approval of access, New York Town Law Section 280.A. Location of Property: Private Road, Fish- ers Island, NY; Chocomount Lot 3; bounded north by Mus- set and Private Road; east b~y F.I. Water Works; south and west by Fishers Island De- velopment Co.; County Tax Map Parcel Item No. 10(~0.4-5- part of parcel 5. 7:20 p.m. Application of Robert W. Nelson, 17 Com- merce Street, Chatham, NJ 07920, for approval of access, New York Town Law Section 280-A. Location of Property: Private Road, Fishers Island, NY; Fishers Island Map Block 16, Lot 12; bounded north by F.I. Water Works; east by Private Road; south and west by Fishers Island Develop- ment Co.; County Tax Map Parcel Item No. 1000-4-5-5.7. 7:25 p.m. Application of Marjorie S. Dunaway, by James V. Righter, 58 Winter Street, Boston, MA 02108, for a Variance for: (1) approval of access, New York Town Law Section 2~0A; and (2) for permission to construct pool in sideyard area; and (3) for permission to construct ten- foot high tennis court fence. Location of Property: Private Road, Fishers Island, NY; Fishers Island Map Block 25, Lot 9; bounded north by F.I. Sound; east by Wiiliamson; south by Private Road: west by Bar' -,; Co~ty Tax Map Parce ,n No. 1000-3-1-3. 7:30 p.m. Application of Robert A. and Bettyann Her- reros, 3000 Delmar Drive, Laurel, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permis- sion to construct addition to dwelling with an insufficient frontyard setback. Location of Property: 3000 Delmar Drive, Laurel, .NY; Laurel Country Estates Map No 5486, Lot 37; County Tax Map Parcel Item No. 1000-125-4-13. 7:35 p.m. Application of William A. Rusch, 50550 Main Road, Seuthold, NY for a Variance to the Zoning Ordin- ance, Article III, Section 100. 32B for permission to con- struct raised deck on pool with an insufficient sideyard set- back at 50550 Main Road, Soutboid, NY; bounded north by Main Road, east by Baker, south by Christian Science Society and Southold School District; west by Christian Science Society. County Tax Map Parcel Item No. 1000-70- 2-13. 7:45 p.m. Application of Wilbur A. Baldwin, by William S. Midgley, Jr. as agent, 200 Skunk Lane, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to con- struct garage in the frontyard area. Location of Property: 1725 Nassau Point Read, Cut- chogue, NY; more particular- ly known as Nassau Point Club Properties Lot No. 1; County Tax Map Parcel Item No. 1000-104-13-2.4. 7:55 p.m. Application of Richard and Joan Zeisler, c/o Philip J~ Ofrias, Jr., Esq., 737 Roanoke Avenue, Riverhead, NY 11901 for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of walkways around the perime- ter of applicants' house with reduced frontyard and side- yard setbacks at 700 Jackson Landing, Mattituck, NY; Jackson Landing Subdivision Lot No. 9, Subdivision Map No. _528O; County Tax Ma0 Parcel Item No. 1000.113-4-9 - 8:05 p.m. Applic a of Thomas J. DeBorger, by Ru- dolph H. Bruer, Esq., Main Road, Southold, NY for a Variance to the Zoning Ordin- ance, Article IlL Section 100- 31 and Bulk Schedule for par- mission to construct new dwel- ling with insufficient front and side yard setbacks and ex- ,:ceding the maximum per- mitted 20% lot coverage. Le. cation of Property: North side of North Road, Southold, NY; bounded north by L.I. Sound; west by Bloom; south by C.R. 45; east by McMann; County Tax Map Parcel Item No. 1000-44-2-15. 8:20 p.m. Application of William and Margaret Killian, 5100 Private Road off Mill Road, MaRituck, NY 11952 for a Variance to the Zoning Ordinance, Article III, Section 100.32 and Article XI, Scctiol~ 100.118D for permission to construct accessory building in an area other than the required rearyard. Location of Property: 5100 Private Road off Mill Road, Matti- tuck; bounded north by Holmes; west, south and east by Mattituck Holding Co.; County Tax Map Parcel Item No. 1000-106-6-5. 8:30 p.m. Application of Allan C. Dickersea, Box 54, Main Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article VII, Sec- tion 100-71 and Bulk Schedule for permission to construct addition to existing building with an insufficient sideyard setback in a B-1 General Busi- ness District. Location of Pro- perty: Northwest corner of Main Road and Wickham Ave- nue, Mattituck; bounded north by Case; west by Winiarz Es- tate and North Fork Liquor Corp.; south by State Route 25; east by Wickham Avenue; County Tax Map Parcel Item No. 1000-140-3-34. 5:40 p.m. Application of Dorothy C. Fleet, 5 Carmel Ridge Estates: Trumbuil, CT 06611, for a Variance to the Zoning Ordinance, Article III, Sections 101P30A and 100-31, Bulk Schedule, for approval of insufficient width of one par- cel in a proposed two-lot divi- sion, premmes described as Pequash Acres Subdivision Lois No. 3 and 4;; County Tax Map Parcels No. 1000.103-12-7 and 10~0-137-2-20; further known as 3505 and 3655 Pc. quash Avenue, Cutchogue, NY. I1p.8:45 p.m. Application of mos Menakis, by Richard Cron, Esq. for a Variance to e Zoning Ordinance, Article , Section 100.30 and Bulk hedule, for permission to nstruct new dwelling with insufficient setback from ircle Drive at 980 Aquaview venue, East Marion, NY; un,.d~d north by Aquaview venue; west by Circle Drive nd Davies; south by Davies; st by Nichoha; County Tax Parcel Item No. 1000-21- 8:50 p.m. Applications of William and Helen Robisea, 31 Rockledge Place, Cedar Grove, NJ by Abigail A. Wick- , ham, Esq., for Variances to the Zoning Ordinance: (1) Article III, Sections 100.30A and Bulk Schedule for ap- proval of insufficient area and width of two proposed parcels, and (2) Article III, Section 100. 31 and Bulk Schedule for per- mission to construct new dwelling with an insufficient frontyard setback. Location of Property: Northwest corner of Wavecrest Lane and Salt- aire Way, Mattituck; Salt Aire Estatei Filed Map No. 4682, L~ots 17 anct 18; County Tax Map Parcels No. 1000-100-1-14 and 15. 9:00 p.m. Application of Ronald Roberts, by Glenn F. Heidtmann, Cox Lane, Cut- chogue, NY for a Variance to the Flood Damage Prevention Law, Section 46-19B for per- mission to construct new dwelling in a V-4 Flood Zone with base floor below the ll-foot minimum elevation above mean sea level. Loca- tion of Property: South side of Cedar Point Drive East, LEGAL NOTICE NOTICE IS HEREBY GIVEN, pursuant, to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, a Regular Meeting and the following public hearings will be held by the Southold Town Board of Appeals at the Southold Town Hall, Main Road, Southold, NY on Thursday, November 5, 1981 commencing at 7:15 o'clock p.m. as follows: 7:15 p.m. Application of Isabel DuBois by Gada Contracting, Drawer B, Fishers Island, NY 06390, for approval of access, New York Town Law Section 280-A. Location of Property: Private Road, Fishers Island, NY; Chocomount Lot 3; bounded north by Musser and Private Road; east by F.I. Water Works; south and west by Fishers Island Development Co.; County Tax Map Parcel Item No. 1000-4-5- part of parcel 5. 7:20 p.m. Application of Robert W. Nelson, 17 Commerce Street, Chatham, NJ 07920, for approval of access, New York Town Law Section 280-A. Location of Property: Private Road, Fishers Island, NY; Fishers Island Map Block 16, Lot 12; bounded north by F.I. Water Works; east by Private Road; south and west by Fishers Island Development Co.; County Tax Map Parcel Item No. 1000-4-5-5.7. 7:25 p.m. Application of Marjorie S. Dunaway, by James V. Righter, 58 Winter Street, Boston, MA 02108, for a Variance for: (1) approval of access, New York Town Law Section 280A; and (2) for permission to construct pool in sideyard area; and (3) for permission to construct ten-foot high tennis court fence. Location of Property: Private Road, Fishers Island, NY; Fishers Island Map Block 25, Lot 9; bounded north by F.I. Williamson; south by Private Road; west by Bagley; Map Parcel Item No. 1000-3-1-3. Sound; east by County Tax 7:30 p.m. Application of Robert A. and Bett~ann Herreros, 3000 Delmar Drive, Laurel, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addition to dwelling with an insufficient frontyard setback. Location of Page 2 Legal Noti~ Board of Appeals Regular Meeting of November 5, 1981 Property: 3000 Delmar Drive, Laurel, NY; Laurel Country Estates Map No. 5486, Lot 37; County Tax Map Parcel Item No. 1000-125-4-13. 7:35 p.m. Application of William A. Rusch, 50550 Main Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32B for permission to construct raised deck on pool with an insufficient sideyard setback at 50550 Main Road, Southold, NY; bounded north by Main Road, east by Baker, south by Christian Science Society and Southold School District; west by Christian Science Society. County Tax Map Parcel Item No. 1000-70-2-13. 7:45 p.m. Application of Wilbur A. Baldwin, by William S. Midgley, Jr. as agent, 200 Skunk Lane, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct garage in the frontyard area. Location of Property: 1725 Nassau Point Road, Cutchogue, NY; more particularly known as Nassau Point Club Properties Lot No. 1; County Tax Map Parcel Item No. 1000-104-13-2.4. 7:55 p.m. Application of Richard and Joan Zeisler, c/o Philip J. Ofrias, Jr., Esq., 737 Roanoke Avenue, Riverhead, NY 11901 for a Variance to the Zoning Ordinance, Article III, Sec- tion 100-31 for approval of walkways around the perimeter of applicants' house with reduced frontyard and sideyard setbacks at 700 Jackson Landing, Mattituck, NY; Jackson Landing Subdivision Lot No. 9, Subdivision Map No. 5280; County Tax Map Parcel Item No..1000-113-4-9. 8:05 p.m. Application of Thomas J. DeBorger, by Rudolph H. Bruer, Esq., Main Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule for per- mission to construct new dwelling with insufficient front and side yar~ setbacks and exceeding the maximum permitted 20% lot coverage. Location of Property: North side of North Road, Southold, NY; bounded north by L.I. Sound; west by Bloom; south by C.R. 48; east by McMann; County Tax Map Parcel Item No. 1000-44-2-15. ,Page 3 - Legal ~ce V r~5 Board of Appeals~egular Meeting of No embe , 1981 8:20 p.m. Application of William and Margaret Killian, 5100 Private Road off Mill Road, Mattituck, NY 11952 for a Variance to the Zoning Ordinance, Article III, Section 100-32 and Article XI, Section 100-118D for permission to construct accessory building in an area other than the required rearyard. Location of Property: 5100 Private Road off Mill Road, Mattituck; bounded north by Holmes; west, south and east by Mattituck Holding Co.; County Tax Map Parcel Item No. 1000-106-6-5. 8:30 p.m. Application of Allan C. Dickerson, Box 54, Main Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article VII, Section 100-71 and Bulk Schedule for permission to construct addition to existing buildfng with an insufficient sideyard setback in a B-1 General Business District. Location of Property: Northwest corner of Main Road and Wickham Avenue, Mattituck; bounded north by Case; west by Winiarz Estate and North Fork Liquor Corp.; south by State Route 25; east by Wick- ham Avenue; County Tax Map Parcel Item No. 1000-140-3-34. 8:40 p.m. Application of Dorothy C. Fleet, 5 Carmel Ridge Estates, Trumbull, CT 06611, for a Variance to the Zoning Ordi- nance, Article III, Sections 100-30A and 100-31, Bulk Schedule, for approval of insufficient width of one parcel in a proposed two-lot division, premises described as Pequash Acres Subdivision Lots No. 3 and 4; County Tax Map Parcels No. 1000-103-12-7 and 1000-137-2-20; further known as 3505 and 3655 Pequash Avenue, Cutchogue, NY. 8:45 p.m. Application of Demos Menakis, by Richard J. Cron, Esq. for a Variance to the Zoning Ordinance, Article III, Sec- tion 100-30 and Bulk Schedule, for permission to construct new dwelling with an insufficient setback from Circle Drive at 980 Aquaview Avenue, East Marion, NY; bounded north by Aquaview Avenue; west by Circle Drive and Davies; south by Davies; east by Nicholis; County Tax Map Parcel Item No. 1000-21-3-11. 8:50 p.m. Applications of William and Helen Robison, 31 Rock- ledge Place, Cedar Grove, NJ by Abigail A. Wickham, Esq., for Page 4 Legal No~ Board of Appeals Regular Meeting of November 1981 Variances to the Zoning Ordinance: (1) Article III, Sections 100-30A and Bulk Schedule for approval of insufficient area and width of two proposed parcels, and (2) Article III, Section 100-31 and Bulk Schedule for permission to construct new dwell- ing with an insufficient frontyard setback. Location of Property: Northwest corner of Wavecrest Lane and Saltaire Way, Mattituck; Salt Aire Estates Filed Map No. 4682, Lots 17 and 18; County Tax Map Parcels No. 1000-100-1-14 and 15. 9:00 p.m. Application of Ronald Roberts, by Glenn F. Heidt- mann, Cox Lane, Cutchogue, NY for a Variance to the Flood Damage Prevention Law, Section 46-19B for permission to construct new dwelling in a V-4 Flood Zone with base floor below the ll-foot minimum elevation above mean sea level. Location of Property: South side of Cedar Point Drive East, Southold, NY; Cedar Beach Park Subdivision Map No. 90, Lot 151; County Tax Map Parcel Item No. 1000-90-2-10. 9:10 p.m. Application of Frank Curran, by Peter R. Stouten- burgh, 3075 Indian Neck Lane, Peconic, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory structure in the sideyard area at 780 Fishermen's Beach Road, Cutchogue; Peconic Bay Properties, Inc. Filed Subdivision Map No. 286, Lots 26 and part of 27; County Tax Map Parcel Item No. 1000-111-1-16. · ~Page 5 - Legal (Instructions) ~Board of Appeals Regular Meeting of November 5, 1981 ~ 9:15 p.m. Application of Frank Curran, by Peter R. Stouten- burgh, 3075 Indian Neck Lane, Peconic, NY for a Variance to the Flood Damage Prevention Law, Chapter 46-8, Sections 46-17, 46-18, 46-19, for permission to construct improvements exceeding 50% of the market value of existing structure, with base floor below the 8-foot minimum elevation above mean sea level in a Zone A, at 780 Fishermen's Beach Road, Cutchogue, Properties, Inc. Filed Subdivision Map No. of Lot 27; County Tax Map Parcel Item No. NY; Peconic Bay 286, Lots 26 and part 1000-111-1-16. 9:30 p.m. Application of Frances N. Frisbie, 175 Clearwater Lane, Cutchogue, NY for a Variance to the Zoning Ordinance Article III, Sections 100-30 and 100-35 for permission to construct tennis court and fence exceeding the maximum four-foot height requirement in the frontyard area at 175 Clearwater Lane, Cutchogue, NY; Nassau Point Filed Subdivision Map No. 156, Subdivision Lot 106; County Tax Map Parcel Item No. 1000-118-5-2. Dated: October 15, 1981. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS Instructions to newspapers: Please publish once, Thursday, October 29, 1981 and forward affidavits of publication to: Board of Appeals, Town Hall, Main Road, Southold, NY 11971, on or before November 2, 1981. Legal 'l · . - ,~ot~ce of 7{earings for Regular Board of Appeals mtg., 11/5/81 On Tuesday, October 27, 1981, copies to: A. Jo~hn Gada' General Contracting, Mr. Ms. Mr. Mr. agent for Isabel DuBois Robert W. l{elson Marjorie S. Dunaway Jaymes V. Righter, agent for Marjorie S. Dunaway & Mrs. Robert A. Herreros ~tr. & Mrs. William Rusch William S. Midgley, Jr., as ag~ent for Mr. !Wilbur A. Baldwin M~. Wilbur A. Baldwin Philip J. 0frias, Jr., Esq. as attorney for Riohard & Joan Zeisler Rudolph H. Bruer, Esq. as attorney for Thomas J. De Borger ~.~. & ~frs. William Killian Mr. Allan C. Dickerson A~igail A. Wickham as attorney for Dorothy C. Fleet Richard J. Cron, Esq. as attorney for Demos Menakis Abigail A. !~ickh~ as attorney for !~p~. & Helen Robison' Glenn F. Heidtmann as agent for Ronald Roberts Peter Stoutenburgh as agent for Fran~urran Mrs. Frances M. Frisbie Appeal files mA members To~,~,n Board members Supervisor Pe!l Copy to Suffolk Times, Monday, October 26, 1981 with instructions Copy to L.I. Tr veler-fatchman, Tuesday, October 27, 1981 with instructions JUDITH T. TERRY TOWN CLERK REGISTRAR OY VITAL STATISTICS TELEPHONE (516) 765-1801 Southold, L. I., N. Y. 11971 October 9, 1981 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal No. 2910 application o£ Richard J. Cron, Esq. a/c Demos Menakis £or a variance. Also included is notification to adjacent property owners; Short Environmental Assessment Form; Letter relative to N.Y.S. Tidal Wetlands Land-Use; Notice of Disapproval from the Building Department; and survey of the property. ~r Judith T. Terry ~ JTT/bn Town Clerk Enclosures FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL for permit to construct ..... ~d~. · .~'./'../-/'~ ................................... : ....at · ~o. ...... .~.~..~..~.~ ........... .~..~. Z~..../~qx~ Location of Property .~ ~0~ No ~ Strut ~amtet County Tax Map No. 1000 Section . .~ ...... Block .... ~ ...... ~t . .~.(f. .... ~ p N No Subdivision ................. Filed Ma o ................. Lot ...... : ........... is returned herewith and disapproved on the following grounds..&~...~.... ~. 77...--. ...... , /.~..~. :e-~.~.c. :~...?-7.....d~.../~c/c.....-~..~ .... ~.~../.~.... ff.~t/~-~ ..... /'7_~/,-.~ .... .~.~.~...c,.~.~ ..................... ..:.//. .............. Building Inspector RV 1/80 511O,:l L ,,]R()HHEI'i~AL ASSESShtL:HI Ill TI'Uti I OiJS_· : -- -~-6~) I'~ order to answer the questions in this short EAF it is assumed that the preparer ~ilI use. currently ova[labia Lnfor~r, otion concerning the project end the lil:ciy impacts of the actLon. It is not expected that additional studies, research or other ~nvestigations ¥t$11 be undertaken. (b) I[ any question has been ons'.~ered Yes ~he pro)eeC may be signiflcon[ and o completed Environmell~Ol Assessment Form ~s necessary. (c) If ali questions have been ~nsvtered c~ ~s not ~ignLfScon¢. P~°~e(d ) Environmental /,s~ar, smen~ to ~ha p~o~ac~ sL~e o~ physLaa~iy ol~e~ moro th,u~ ~0 acres of land? .................. $~.. .Yes. 2. ~'f~ll there be o major change ~o any unLque' -ur,usual land fo~m Found on ~he sLte? ..... Yes X NO 3. ~'/~ii pro]act ol~er o~ have a large' effect ~' ' ex~s~Lng budy of wo[e~? ...................... .. 4. ~'/~Ii pzojec~ hove o potan'[Loliy io~ge &apace on grouncK.raCer quoi~ty? ..................... . Yes. X'No._ 5. ~'l&Ii projec¢ s~gnLF~can~iy eFFee¢ drainage flo¥~ on adjacen~ s~tes? ..................... .. Yes. X Nq &. ¥,'~1 project affect any threatened endengarad pion~ or on,mai species? ....... Yes X No 7. ¥1ill projec~ result in o major adverse on air qualify? ........... .................. Yes X No 8. %';ill prnjecl hove ~ major elf cci on visual '' ' character of tile cornmunily or scenic ¥ies?s or vistas known to:be important to the community?. Yes X No ¥Iill i)roject oclversely iai)oct any site or .. · structure of []istoric, prehistoric or paleontological importance or o:~y site designated os a critical environmental area by o local agency? .............. Yes X No 10. Will project have a major elf ecl on exislimg or future recreational opportunities? ......... Yes X No 11. ¥,'ill project result in .~ojor ~roffic problems '' or. cause o major cf fac% ~o existing ~ronspgr[a[$on s~stems? ....................... .. . Yes X No 12. Will projec~ regularly cause objectionable ocIor5, noise, glare, vibration, or elcc%ricol disturbance os o resul~ of {he project's tier,? ' Yes X No opera 13. %'~ill project have on)' i~poc[ on public health or .saFety? .................................... ~Yes X No 14. Will p~oject oFf oct ~he existing3 community by direc~l~ causing o growth in permanent population of more than 5 pcrcegt over o one year period or have o major negative el[cci on the character of the community or neighborhood? ................................. Yes X No 15. ]5 [here public controversy col]cernil]g the · proje t? ...... ~. .....~~ .............. ~es X _No PREPARER'S S] 1,1A October 8, 1981 (Today's Date) To: Re: Southold Town Board of Appeals Main Road Southold, NY 11971 Appeal Application of Location of Property: DEMOS MENAKIS 980 Aquaview Avenue East Marion, NY Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use Regulations, 6 NYCRR, Part 661, and Article 25 of the New Y~rk State Environmental Conservation Law, please be advised that the subject property in the within appeal application: (please check one box) [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in very good condition and at least 100 feet in length.* May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in need of (minor) (major) repairs, and approximately feet in length. £ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead less than 100 feet in length. [ ] May be located within 300 feet of tidal wetlands; and there is no bulkhead or concrete wall existing on the premises. Ix] Is not located within 300 feet of tidal wetlands to the best of my knowledge.* [Starred items (*) indicate your property does not appear to fall within the jurisdiction of the N.Y.S.D.E.C.] Sincerety~ ~our~ -~ TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO.~// DATE 10/8/8 1 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y, RICHARD J. CRON_ ESQ., a/c ~ , ], ......................... of ............. .......................................... Nome of Appellant Street and Number Cutchogue New York ER BY ............................ H E APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED September 15, 1981 WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) DEMOS MENAKIS Name of Applicant for permit of 20-50 36th Street Astoria New York Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY (X) PERMIT TO CONSTRUCT DWELLING 1. LOCATION OF THE PROPERTY ~80.A.quaview Avenue "A" Residential '-'~a$~:"L~a I~ ....................................................................... ~'l~re~e~ Use District on Zoning Map Map No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article III, Section ~00-30 and R,~I~ .q~hed.le 3. TYPE OF APPEAL Appeal is made herewith for (X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 has not 4. PREVIOUS APPEAL A previous appeal ~{:~ (}~l~i~'X~ been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... ( ) (X) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that the premises are situated on a corner lot and there is insufficient setback from the street known as "Circle Drive" to meet existing setback requirements. Form ZBl (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce procticaldifficultiesorunneces- sary HARDSHIP because the premises border on two streets, to wit: Aquaview Avenue and a paper street known as "Circle Drive". The premises in effect are being treated as fronting on two streets, and due to the size of the parcel it is not possible to construct the proposed residence of a length of 62 feet and meet r~uired front yard setbacks. The proposed dwelling will face Aquaview Avenue and for all purposes that will be considered the front yard. In order to meet front yard requirements with respect to both Aquaview Avenue and Circle Drive, ~ substantial revisions would have to be made in the plans for the proposed dwelling, the result of which would cause practical difficulties to the applicant. 2 The hardship created is UNIQUE and is not shared by alt properties alike in the immediate vicinity of this property and in this use district because the subject property is a parcel fronting on two streets and thus considered to have two front yards. Properties in the immediate vicinity do not have a similar problem. 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the variance sought is an area variance and not a use variance. STATE OF NEW YORK ) ) COUNTY OF SUFFOLK ) ~ Rfch~rd J. Cron Sworn tn this 8th day of October 1981 JANE FLATLEY NOTARY PUBLIC, State of New York No. 52-4665418, Suffolk County_ ~rni~ion Expires March 30, 19~,*z' BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of : DEMOS MENAKI$ to the Board of Appeals of the Town of Southold : TO: W.J. DAVIES 290 Hempstead Avenue Rockville Centre, N.Y. 11570 NOTICE TO ADJACENT PROPERTY OWNER JOHN NICHOLIS 144-46 Willets Point Blvd. Whitestone, N.Y. 11357 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (~ 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 980 Aquaview Avenue. East Marion, New York 3. That the property which is the su. bject of such Petition is located in the following zoning district: "A" Residentlal-A~rlcultura 1 4. That by such Petition, the undersigned will request the following relief: Variance due t~ insufficient setback from Circle Drive. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article III Section 100-3~ and Bulk Schedule 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southoid, New York and you ma), then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: October 8, 1981 /~ Petitioner - R~chard J. Cron, Esq., a/c Demos MenaKls Post Office Address Main Road - Box 953 Cutcho§ue, ~.Y. 11935 NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS W. J. DAVIES JOHN NICHOLIS P19 RECEIPT FOR CE, ~ NOJN$,URANCE COVERAGE, ~BJI~ERNATIONAL {8L~e Reverse) SENT TO W. J. Davies s~N~mpstead Avenue P,~O, STA~'E ANp lIP. COD E__ ~ · ~-ocKvz-LJ-el~6re, NY P19 35 3852 RECEIPT ~OR CERTIFIED MAIL N0 INSUR~CE COVERAGE pROV~0ED~ N0T F0~INTERNATIONAL MArL ~ee ~everse) oh~ ;iChO~iS 290 Hempstead Avenue Rockville Centre, N.Y. 11570 144-46 Willets Point Blvd. Whitestone, N.Y. 11357 ~ residing at Mattituck, New York , being duly sworn, deposes and says that on the 9Lb day _, 19 81 , deponent mailed a true copy of the Notice set forth on the re- of the above-named persons at the addresses set opposite their respective ~site the names of said persons are the addresses of said persons as shown on Town of Southold; that said Notices were mailed at the United States Post Of- 9th dSaWy° ror~ ~.~h > ,19 8]. RICHARD J. CRON ~,~TARY PUBLIC, State of New Yc~k 52'5861280 ' Suffolk Countw~., C,~nmLssion Expires March 30, 19..J. ~ ; that said Notices were mailed to each of said persons by /,/ Jane Flat le~TM / / / / I 4~.~ A~UAVIE'~.L/ AVENUE ? t t -1 l / / N_C~E ~ ...... D-AVl ES. DATUNt~ ASSUMED ~.O.ELEM E.S,E. CO~,N_Ef~_O.F. LOT, $CAi. E, ©: Ct, t:i~.Ct'N PIPE .-E?,, I, ~c)81 EYE ' ROD~F,.RIC, K VAN TU~O-. P.C. uc~Ns~D cA~9 suR~o~s GREENLY NEW Y~K SUFFOLK CO. HEALTH DEPT. APPROVAL H S. NO. STATEMENT OF INTENT THE WATER SUPPLY AND SEWAGE DISi~DSAL SYSTEMS FOR THIS RESmDENCE WILL CONFORN /"TOi THE~TANDARDS OF THE SUFFOLK COUNTY DEPT. OF HEALTH SERVICES -- FOE A,PPROVAL OF CONSTRUCTION ONLY DATE: H. 5. REF. NO.; APpROvED: SUFFOLK CO. TAX MAP DESIGNATION: DIST. ~CT. BL~K ~L. OWNERS AoDRE~: AII£MoL~$