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4768
- r, t APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning ��o��gUFFO(,�COGy C2 CIO x �ol � Sao BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF DECEMBER 14, 1999 Appl. No. 4768 - GEORGE KALOGERAS 1000-99-1-8.1 STREET & LOCATION: 900 Sound Beach Drive, Mattituck DATE OF PUBLIC HEARING: December 14, 1999 FINDINGS OF FACT Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 PROPERTY FACTS/DESCRIPTION: The applicant's property consists of 36,911.77 sq. ft. in total area, with 125.28 ft. frontage along the Long Island Sound, 127.79 ft. along Sound Beach Drive, and depth of 290.69 feet (west side). The property consists of Lots 48, 47 and part of 46 shown on the Map of Captain Kidd Estates filed January 19, 1949 with the Suffolk County Clerk. The property is improved with a one-story frame house and accessory garage attached by a breezeway, all as shown on the May 29, 1998 survey prepared by Joseph A. Ingegno, L.S. BASIS OF ARRI ICAIION� Building Inspector's October 26, 1999 Notice of Disapproval regarding Section 100-244B. Applicant has applied for a building permit to enclose the breezeway, adding the garage as part of the principal dwelling unit. The reason given for the disapproval was that the side yard setback of the garage is less than the code requirement for a principal building. (The code requirement is 15 and 20 feet, for a total of 35 feet for both sides). AREA VARIANCE RELIEF REQUESTED: Applicant requests authorization to enclose the breezeway, which will result in the garage being part of the principal structure with a sideyard setback of 14 feet while the Code requires 15 feet on one side and 33.9 feet for both sides. REASONS FOR BOARD ACTION DESCRIBED BELOW: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: (1) Applicant wishes to convert his existing garage to living space and to make it part of the house by enclosing the connecting breezeway. The existing 14 -foot yard between the garage and the easterly lot line satisfies the setback requirement for an accessory garage but not the 15 -foot minimum side yard setback for principal structures. Thus, applicant needs a variance in order to make the garage a part of the house. (2) The house, breezeway and garage have been in existence for may years. The proposed project does not change their location and size, nor does it change the existing setbacks. For these reasons, grant of the requested variance will not produce •♦ k Page 2 - December 174, 1999 Re: G. Kalogems 1000-99-1-8.1 Southold Town Board of Appeals an undesirable change in the character of the neighborhood or detriment to nearby properties. (3) There is no evidence that grant of the requested variance will have an adverse effect or impact on physical or environmental conditions. (4) Grant of the requested variance is the minimum necessary and adequate to enable applicant to enjoy the benefit of expanded living space while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION/ACTION: On motion by Member Collins, seconded by Member Horning, it was RESOLVED, to GRANT the variance as applied for. VOTE OF THE BOARD: AYES: Goehringer, Dinizio, Collins, Horning. (Absent was: Member Tortora) This Resolution was duly adopte GERARD P. GOE RINGE CHAIRMAN CLT RK Di'T /��a / (c/61xouR I f Town Clerk, Town of Southold y , Section 7A0 tiOA to dwellin&a�t1us22,52b#sq (2)underAr¢FIeIIIA;`S' to remove 3F ConrLtiona set forth . 3303 issued February 1r19&S'. ;, restricts the propertyJrom;' another dwelling; a¢tl:(3 _ ..-.• -... s r; Article IITP.,}Section:4 - G� based :,upon the J Departmennk s August Z7,1of Disapgipval.which JO k, E of HE�� <' OLD. a 'Pr opoigdgnnstructiq�ot2 - QF APPfamdg.dwellwgnot`- t ESDAY,. suant to Afflde II1A; Se EMBER 14� 1999 r 3aa.(I3? IS HEREB, detached dwellings not, purssuan, Section 26' q e*_ one dwWag-oneachilnt e Code of the• of prolecCts lasted on alo of Mattituck, following. ap�innsane�a-find .yp sgpaxte t-rpnblc> awee 'r w2— says that Yee xowN so , 26A*3303k In aadhion o SUFFOLK TIP ai fhe southo7d��owu ' structuehas frontyac`sefk, s Iviam Rga3 a;� 22 -feet and a side yazd nfq shed at Mattit ,,1971 , on rtkFDA lot is abnto;att " <` 1 Of 1-5 s �`OL111 :.. "; a iiAgr as sooaitherG�t r as= 2!AMQ:�reAu¢fs X40 je . ,,, t the Notice C 31� front'yardsetbacki'attda i , ,� It k LNo.47¢Gx . mmiintim side id -yard se ` v .d Copy, has bee 57tis is a requ Ora, 2h6 ` a $�'Prol �; Newspapers on difi0 dwellin " g on'tl s TM ... `❑coq i(u,P °'_ lot are fetior f`f''ii''{ . Weeks suecE. a� cto -1, ", andonpthi y basteW J �' troVal '� (1lasnotic4tsbasedogthe'.� e 'h'aatocoos -a app 'o fa 'De oi th a t se - Perrins¢ zsapprov&��Ax , I` .). Qofeet y 27, 1999�4nddoes"-ppt- ,,• 71gfOt sq. ff , a =eluestliarmtJ • car. This dotc°!or set-oi*io¢9U Principal ng die samTstdertt Property Lmitet StreZt#an oad soyt(to Street , Orpouporr I)ttvew 1S4o,1000-b,-T Lots 26 and 28 59, and 60 . RRi$C p,A4� g � Pamel�`ia1000-08.3-7dii� � � � s u � 1 s £ is uxaE 7 3fi P Appl S+Io.,; p . �rananoe:. lk RIS1Ir}RAPFOGGI.Heazmgs 2 e'4 732 ,x#gq yg4gg uPo tied from I+Iovemherxl'&� UFFOt St P oyes ¢g lot coverage and i tx 19 RKP1RES [! ceof D�Sa fl�� ces,QutY, r,..�, �� �' #i" '� -rmtt ap '" a;ADP•m,APPLNo=%71,—ids.® -�, ' on, " gndi3' EDSQ)!i (iNAKY!! - A ' -' Veude�rej•:t`8�hts`v5^'a�:. hey a. _,_,4 `� ato dwelling ""' Varjance"hnderAthc�e�s , ' _.._ i5 si me garag E'" mestt o DepazR'As�=idoce Notioebfpts$pprdvald'or,'a" er locate` wk my,wi Mll,sq Iff w � "" mg � h c ave, Property. 4cat[o�;, 1No. 1oQ0'-99'Y x,. Me,A@``Ro.00t ut',Appl X10.4770 &t '1'&r49eUNa4JQQ g7 is a requgst 7,p mpa.E>;ppl Dd63,• der Article a ,.hR'�1'S2kNNElI�4'1 ed upon ilte tlSatuperoix�Antxaetby?eud . s updated ,S`e a ns &bjor a Wary d of 'e uncle cl 50"'feet fib fro' can quest tobu , -.e*enc}ng to{e'te substandard lot, fo{t5co -' a't'dhelg+'1&€(r`, soas�ac!. r 03" Amonconformug lgx+sh r ossa¢ = Poan;,�a With,an gdlacentonfo �' pY000 ><115 ����' noncpriipmung lot w�ielt �' ,'�9 at` hekl�h wmmon owns ' theiirsoopt at any time -aft d 4983 "Sub'ectlotj or a I3ed r`v axt > mg'and1AWte,Id to epmtniin wfth—djR0tlotSy SeWon , xmyt 3-4,'1 audit i ,furnauakb Laanon's$°Pew bedrlOoms Avenue, ')klatntucl� r, x j P ,.3 L, �54, ° oaF ug � vein} a Su4d'ws', a -pt ReE�& . Map;arcel£]`"«EA.?a•.API I??in2 CIiURCH (Peter J AqIS uestm 'e , . 4i'ho �,, F L• o!';C37 ,ai +%r IIIgetW o - 45 U04 based+u for w.orslnp''m mee„lt¢ghd 4ts:�" en 17, officeaalhss.kppu for T s¢nof 1)rsapprpvahfbr fenC;` (A)'fY'sAecral Ettcednhon undea; k oP fe '4s4u`ene Article I�f Secdti oq[ 10-W 6 erstemtts,ourtsAruc❑rre: ander Interprrratm❑�,,, e 11 Cadehe,nt�t Ae iSe°onxl)' go et: Locahton ~bfN 1' ses t-of?{zC�(Fii-41i Rol as auk #iudtto �oi'� g' V. # g from Statr� tits-z,c,p IIaII ,%nd Zk K& 41) `Qpq❑t �.'oa'dtp (S)'Vanan¢es based`o ., , 4 Wt , `4bp9 Is- sOcto ie t3 I99 . Apps: I�4 476S 1 Partmc`a't s�IiTohce o _ ELD=1EA 1'�i' this w]uch-states that toe ❑ S o9ocat;meK dw�id �` fov Peat to occupys gtheit fi dingusngo ; �. '*fG loi„ aFP t,#eA.u� s(up �s ;(irsapproved q¢ - '�• from .itis w�ohittgt. .mggtounds.`(1)Hodse ` nxe.� (1} umlerrrficReA; is nor pemnitted in an _ "" Pursuant to Article' IX; Section ,�;OARD OF HEALTH ............... ,FORM NO. 1 SETS OF PLANS ............... TOWN OF SOUTHOLD SURVEY ........................ BUILDING DEPARTMENT CHECK ......................... TOWN HALL SEPTIC FORM ................... SOUTHOLD, N.Y. 11971 TEL: 765-1802 NOTIFY: CALL .............. Examined ................ .,.19.... Approved .................. .19.... Permit No. ._:............. Disapproved a/c .................................. FLL—��'. (Building Inspector) APPLICATION FOR BUILDING PERMIT �i tta� MAIL TO :.................... Date... 1.x.......19. � sr ,. !. -i INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector wit 3 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 giving a detailed description of layout of property must be drawn on the diagram which is part of this application. 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 permit shall be1ept on the premises available for inspection throughout the work. e. No building shall beoccupied or used in whole or in part for any purpose whatever until Certificate of occupancy shall have been granted by the Building Inspector. APPLICATI K IS HEREBY MADE. to the Building Department for the issuance of a Building Permit pursuant to the Building gone Ordinance of the, Town of i Southold,: Suffolk County, New York, and other applicable Laws, Ordinances'or Regulations,'' for the construction of buildings, additions or alterations, r for removal or demolition, as herein described.The applicant agrees to comply with all applicable laws, ordi es, building code, housing code, and regulations, and to admit authorized inspectors on premises and in buildi for neces�nspections. (Si e o appl' or nam, if a corporation) ............ (Mailing ess of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder ..._.........../.......................................................................... Nave of owner of premises ..'..,e..�sl.'^::::'..>?.?f-7?"f!...,�lJ.'-.................................. (as on the tax roll or latest deed) O If applicant is a corporation, signature of duly authorized officer. ......................................................... (Nam and title of corporate officer) Builders License No . ....................... Plumbers License No. ......................... Electricians License No . ..................... Other Trade's License No . .................... L location of land onwiuich work will be doce.............................................................. . ar../�CC����1.?r............................. t4Ylnxnse timber ;tree Hamlet County Tax Map 1000 Section ����.....:. 1.../...... Block ....... !_....... lot .....';Ez .... Subdivision ./.A.['-:GTcc............... Filed Map No. ............... Lot 1,116. (Name) 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Euiistiuig use and occupmucy.._. ... .... ..... �iq b. Intended use and occupancy ... / ...o�_____ __7......`.! lC ........F. {. Nature of work (check. widcm applicab'�, i New Building .......... Addition .... Alteration .......: Hepair ............ Ner=al ......... :... Demolition Other Work .................... dp (Description) Estimated Cost ....... i. `50 . 0 ............... fee ..........._................. ................. (to be paid on filing this application) If dwelling, number of dwelling units .... limber of dwelling units on each floor ................ If garage, nunber of cars ...................................... If business, commercial or mixed occupancy, specify net re and extent of eacntype of use ...................... Dimensions of existingstructures, if 3Z any: Front....... �....... Rear .(........_....Depth ................. height Number of Stories ....../.............. '. O Dimensions of same structure with alterations or additions: Front .... %n.4...... Rear ............... Depth .................... Height .................... Number of Stories ............... Dimensions of entire new construction. Front ................ Rear ............... Depth .............. Iieigrt ......................... Umber of Stories ....... .............. Size of lot: Front ...l .... ......... Rear—. j S �. l � la..`2..... Depth.-..a...�...:..... 0. ,Date of Purchase . .1 ..P� cl.......... Nare of Former Qaner ��� ?�:� _ L!� IeGa............. 'i. Zone or use district in which premises are situated ................................... < ............. i2. Does proposed construction violate any zoning law, ordinance or regulation: .�a................. 13. Will lot be regraded ..... l?��1 .. Will excess fill be reroved from premises: YES ND 14. Names of Owner of premises, (G0 2,.- f..../ .........AddresPhone No. Nam of Architect .................................... Address .... ... Poore No . %6 S Nene of Contractor .. 'a^'i cs I. v, . �..�... ...... Address -.... ...." ....Phone No . ............. 15. Is this property within 300 feet of a tidal wetland? * YES .f.. NO ... *IF YES, SOiM D TOWN Ta S11M PM1Tr MAY BE MGgTIRED. PLOT DIAGRAM locate clearly and distinctly all buildings, whether existing or proposed, and indicate all set -baric dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate Acether interior or corner lot. V - - rale-- 13TNIT, Cr N8w (/ SS ODUNTY OF•` !(, ` - Gib' o� �jd'• Z . %li iS71 2..:... , / U . !....................... ...being duly sworn, deposes and says. that he is the applicant .(Name of individual .'gningcontract) above named, lieis the ...........:........................................................... Contractor, agent, corporate officer, etc.) of saidowner 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 aril: belief; a d that the work will be performed in tine manner set forth in the application filed therewith. Sworn to bef me this, .......1..yday f .. `..19..1.Notary'='4-1=.. ....... .. ....iS -�. CUUFIELGLEW (SignaLureofA icant) Notmy Public, Stere of New York No. O1GL4879505 0 nuaiied in Suffolk Co - ' Commission Expmres Dec. B. Rpemtpvfta d4WS7 L,70 q76 WV 3X949 TOWN OF SOUTHOLL ? mal APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE ....... ........ ..... Sed Ar TO TI IE ZONING BOARD OF APPEALS TOWN OF SOUTHOLD, N Y � �2fz�2Sa I, (We) .. ........Of .. (. ... ...1A TtzUti Name of Appellant Street and Number 3 %.. P a; �(.JIEREBY APPEAL TO Municipality S�o THE ZONING BOARD OF APPEALS FROM TI IE ^DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED .................................................... WHEREBY THE BUILDING ''INSPECTOR DENIED TO /E✓SN me of Apph ant for permit of treat and Numtb r Municipality a e ( ) PERMIT TO 'USE ( ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ... Oil ,. Stu �2 ...t.' 4 Sir t /iiamle� % 1Jse Dlurlcr*on z ir;y Mai, District 3000 Section Block Lot �./ Current Owner ���--za� plop Noy Lot No. Prior Ower ,cir„z/dam % ,1e,t:Q 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (indicate the Article Section, Sub. section and Paragraph of the Zoning Ordinance by number. Do not gpole the Ordinance.) Article X)(t✓ Section lb®- Zq`i/- 3. TYPE OF APPEAL Appeal Ismade herewith for (please check appropriate box) A VARIANCE to the Zoning Ordinance or Zoning Map • ( A VARIANCE- due to lock of access (State of New York Town Law Chop, 62 Cons. Lows Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A: previous appeal (lass) 6iotpbeen made with respect to this decision of the Building Inspector or with respect to this property. Such appeal' was ( ) request` for a'special permit I ) request for a variance andwas mode its Appeal' No. • .......... ..........Dated .................. ......r............................ REASON FOR APPEAL ( } A Variance to Section 280A Subsection 3 ( ) A Variance to the Zoning Ordinance Is requested for the reason that FornP 2111 (Continue on allier side) �� C�•yt�tJ�P,t 7cd "�O L-i!/D..., C, .-ice'% G� exception." (Also attach sheets if necessary, with signatures;.) 1. An undesirable change will NOT be produced in the character of the neighborhood or a detriment to nearby properties, if granted BECAUSE: X is -i°? j 2. The benefit sought by the app_icant CAN /be achieF, d some method, feasible ,for the ;applicant to pursue, other.than,ag4.3 variance BECAUSE:' �77W 7z-1 cae� fir d t. 2�✓ ell L'�c�A r 3. The amount of relief requested is. not'substantial BECAUSE Wig 7-"/v ser i3 9rcis J /g�n 4. The variance. will NOT have an adverse effector impact on° the physical or environmental conditions., in the nei'gh borhood'or district BECAUSE L 2Si`s < n G S Civ i /TS >vao' 5. Has the alleged difficulty been self-crea%d? )- Yes. (No . STATE OF NEW YORK) COUNTY OF SUFFOLK) Sworn to before me this �ztlk/fora. dar./temn Agent must attach itten consent from owner. ®i TOV!!de! OF SOUTHOLD P-ORERTY RECORD CARD /v , /Gdo 59-C-8 t N OWNER STREET VILLAGE DISTRICT SUB. LOT' �y 6 �y."c.. I le+vn-bS Kilo :: SvUNO &-,AL1 pr, ...-7 r ... ,,.'tq;� ��"1ucK 9 k 47 n FORMER OWN Irfe �rcil S 7l ez VL - N E ACREAGE U i , ._ r au ros S W TYPE OF BUILDING RES. 410 SEAS. VL. FARM COMM. I IND. I CB. I misc. I Est. Mkt. Value LAND IMP. TOTAL DATE REMARKS 3C A. /� - o o z''o o ZiG/29 7 y ��14r-L lro�Z cis - s f R a — 1 4l l— chas -1a Geo, t Llcti e✓en sSe„ h os_�e, s AGE BUILDING CONDITION 1 7� NEW NORMAL BELOW ABOVE FRONTAGE ON WATER 20 57 0 L) Farm Acre Value Per Acre Value FRONTAGE ON ROAD Tillable I BULKHEAD Tillable 2 — DOCK Tillable 3 /9 V (2.r ' �p Woodland Swampland Btushland House Plot Total M. Bldg. d_ o x Both Extension a Extension -- Extension Basement �'one. Floors Ext. Walls L X Z S� fM Interior Finish SFire Bree ay Si(.2/: Place . Garage 1.5,X1�A., 30 ----- 0. B: Porch z+ �� Foundation Both -- Basement �'one. Floors Ext. Walls S� fM Interior Finish SFire Place � Heat Porch Attic- tr Porch Rooms 1st FloorPatioRooms 2nd FloorDriveway qS,,o 7 , ,.,=4 iLe, OWNER STREET1� VILLAGE DISTRICT SUB. LOT l_ d SOUNA IJk� e L r. /°I A i i FORMER OWNER N E ACREAGE S W TYPE OF BUILDING h r8 RES.'to SEAS,- VL. FARM comm. I IND. ' CB. MISC. LAND IMP. TOTAL DATE REMARKS iOS a 1 ,SD O 3 U O C) RAZ/ '6')? // oA / C+arlsfr. Ira, a hyee Zt C f no a 7 D D 2— S�O� 3 2, Dl '7a I� 3 s o d AGE* BUI DING CONDITION NEW NORMAL BELOW ABOVE R 0,V r.4 k 0,V SO UN D So 26 Farm Acre Value Per Acre Value Tillable I Tillable 2 — -- - ---------- ----- — Tillable, 3 Woodland Swampland - Brushland ------ - - --- House Plot -- ----- -- - I Total RES. 3 SEAS. VL, FARM COMM. IND. I CB. I MISC. I Est. Mkt. Value LAND IMP, TOTAL DATE REMARKS CO/%/. O/CC) aj V,0 �006 /Do0 /6 AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FRONTAGE ON WATER yU Farm Acre Value Per Acre Value FRONTAGE ON ROAD Tillable 1 BULKHEAD Tillable 2 DOCK Tillable. 3 / e � _if z— O Woodland Swampland Brushland House Plot Total DEPARTMENT OF PLANNING Town of Southold Zoning Board of Appeals COUNTY OF SUFFOLK. ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE December 28, 1999 JAN -3 STEPHEN M. JONES, A.I.C.P. DIRECTOR OF PLANNING Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county -wide or inter -community impact(s). A decision of local determination should not be construed as either an approval or a disapproval. Applicants) Municipal File Numbers) Wetzel, Edward and Audry* 4755 Poggi, Richard 4761 +�alogeras, George 4768 Morris, Douglas 4769 Riley, James 4770 Kirsch, Mary (contract vendee) 4771 Bahrenburg, D. Claeys 4774 *The removal of a prior condition of approval by the ZBA on former Approval No. 1597 is not within the jurisdiction of the Planning Commission. Very truly yours, Stephen M. Jones Director of Planning S/s Gerald G. Newman Chief Planner GGN:cc G:\CCHORNYIZONINGIZON ING\WORKING\LDSIDEC1SD4755. WPD LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR ■ P. 0. BOX 6 100 ■ 100 VETERANS MEMORIAL HIGHWAY (5 16) 853-5 190 HAUPPAUGE, NY 1 1 7880099 TELECOPIER (5 1 6) 853-4044 BOARD OF APPEALS TOWN OF SOUTHOLD (1-516) 765-1809 tel. (1-516) 765-9064 fax Pursuant to Article XIV of the Suffolk County Administrative Code, 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 XXIV , Section 100-244B Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit Appeal No: 4768 Applicant: George Kalogeras Location of Affected Land: 900 Sound Beach Dr, Mattituck, NY County Tax Map Item No.: 1000- 99-1-8.1 Within 500 feet of: Town or Village Boundary Line X Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area Existing or Proposed Right -of -Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines, or Within One Mile of a Nuclear Power Plant Within One Mile of an Airport Comments: Applicant is requesting permission..to Enclose breezeway, side yard setback. Copies of Town file and related documents enclosed for your review. Dated: December 21, 1999 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning BOARD OF APPEALS TOWN OF SOUTHOLD December 20, 1999 Mrs. Chris Rivera 250 Sound Beach Drive Mattituck, NY 11952 Re: ZBA Appl. No. 4768 - George Kalogeras Dear Mrs. Rivera: Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 Enclosed please find a copy of the Board's December 14, 1999 determination in the above matter. Please be sure to follow-up with the Building Department regarding the next step in the building -permit review process (765-1802) before commencing construction activities. Today the Building Department was furnished with a copy of the Board's decision for their permanent file and update regarding the recent Notice of Disapproval. Best wishes to you and your family during the Holiday Season! Very truly yours, Linda Kowalski Clerk, Board of Appeals Enclosure Copy of Decision to: Building Department ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: November 3, 1999 RE: Zoning Appeal No. 4768 - George Kalogeras Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-6145 Telephone (516) 765-1800 Transmitted herewith is Zoning Board Of Appeals Application 4768 - George Kalogeras. Also included are Z.B.A. Questionnaire, Transactional Disclosure Form, Notice Of Disapproval, Application For Building Permit, copies of Property Records Cards and copies of Surveys. REASONS FOR AREA VARIANCE ONLY (to be completed by applicant): Do not use these standards for "use variance" or "special exception." (Also attach sheets it necessary, with signatures.) 1. An undesirable change will NOT be produced in the character of the neighborhood or a detriment to nearby properties, i��f"" granted BECAUSE: z y;S h� /-1f4.S ,�E- )CIT ifcc� 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: 3. The amount of relief requested is.-not'substantial BECAUSE X t 9 T, Wjj S &T 13.4C x- !-1 "14-i w 7> zv 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district BECAUSE Lr �Si s T ti 5. Has the alleged difficulty been self-created? ( ) Yes. (A'rNo. 6. 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. STATE OF NEW YORK) COUNTY OF SUFFOLK) (App c t) Agent must attach Sworn to before me this aglt�-day of -r:tt:�c:e:axxxr:x:e: =xtlx/ f oras . var1 temp tten consent from owner. 1919 PUD .L i C SALLY a um N0WYRibiG,GWdXWY6k N0.17Ma FORM NO. 3 TOWN OF SOUTHOLD 1999 BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL DATE; October 26. 1999 TO George Kalogeras 900 Sound Beach Dr. Mattituck NY 11952 Please take notice that your application dated October 16, 1999 For permit for enclose a breezeway at Location of property 900 Sound Beach Dr. Mattituck County Tax Map No. 1000 - Section 99 Block 1 Lot 81 9 Subdivision Filed Map # Lot # Is returned herewith and disapproved on the following grounds proposed enclosure of breezeway connecting principle structure and accessoU garage converts garage to an addition of the principle structure Lot area is 36,911 s4 ft lot is non -conforming Such addition has side yard setback of 14 (fourteen ) feet this is not permitted pursuant to Article XXIV Section 100-244B which requires a minimum side Yard of 15 (fifteen) feet. -----'`� ------------------- Authorized ----------- - �� Authorized 'nature r QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet may be attached.) B. Is the subject premises listed on the real estate market for =-sale or being shown to prospective buyers? { } Yes No. (If Yes, please attach copy of "conditions" of sale.) C. Are there any proposals to change or alter land contours? { } Yes {Y -f, No D. 1. Are there any areas which contain wetland grasses? 2. Are the wetland areas shown on the map submitted wi rn this application? 3. Is the property buL eaded between the wetlands area and the upland building area? 4. If your property contains wetlands or pond areas, have you contacted the Of� i ce of the Town Trus tees for its determination of jurisdiction? A/O E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? X-1)0 (If not applicable, state "N.A.") F. 'Are there any patios, concrete barriers, bulkheads or fences which exist and are not shown on the survey map that you are submitting? Al, If none exist, please state "none . " G. Do you have any construction taking place at this time concerning your premises? /LI() If yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state. H. Do you or any co-owner also own other land close to this parcel? 11� If yes, please explain where or submit copies of deeds. I. Please list p esent use or operations conducted at this parcel ©Ccv p7' and proposed use sSr 3/87, 10/901k TRANSACTION" DISCLUSUMS _'Wirt The Town of Southold's Code of Ethics prohibits conflicts nterest on the part of town officers and employees. The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAHE: Cyr c a /1�t o 6 &5'A?, -',9(L st n me, first name, middle initial, you are applying in the name of someone other entity, such as a company. If so, the other person's or company's name.) NATURE OF APPLICATION: (Check all that apply.) Tax grievance Variance �- Change of zone Approval of plat Exemption from plat or Other (If "Other," official map name the activity.) unless else or indicate Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. wDusiness interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO 41 If you answered "YES,".complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicant) and the town officer or employee. Either check the appropriate line A) through D) and/or describe 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 noncorporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted thisy of 199 �"1 11 - Signature r Print name KALO &1D2 a� \.P �5 SLN � ,��F' L P•(1 o� M 40 In MATTITUCK PARK DISTRI O �r a.xrm, (21, CT " \ ✓/a NilSE , , L , / •1 1.]9e)\ •TOFN \S/ .° 6 ]A ix0 x i Icl ytl xS • ' S � xx ;xA• S x0 _ .Y .i 9 BOOTHOLD / IT i i /�4 � \y�\ .0 sh ZP a a i All) • 'y ,°• d - xJ © COUNTY OF SUFFOLK n \Mx .g I6 16 428PV] AIP) •. 4x•S . i nlx.4 q .. 4S Real Property Tax Service 2 ] ) O nrcl•• AUGt.E 9 LO 6' • O 9. a HFdrvnr Obvl<14u--N--- R•lu••D�Hrinl m• ---R —• � " A i 4x•x •r ]CeLE 11 FEEL .. �,$ MICHAEL Ba KF.R, !R Y.P.E.JOI3 Dme C ---C - lar L.". In^n Lr". —_-- VI •f • �_-_ _ V --m-- m•r DH••er Lln• _ LrIFr Dlmrmr.In• _.L--- Bleh rb. O 1.6AJ.) •x I ,. 4. 49• P 0 PARCEL NO Bb°4 Llmn __�� FOP n.;RLEL No t4 A D••d Ar.• Cel<.l•I•d + FOR SEE BEG. NO I06-09-003 SEC OgW SFU• �S IT C.O AIc, `• — -- MATCH —�-LI NE —_— VAT CX NilSE 9 a ° Milo © COUNTY OF SUFFOLK Legend L°, H•. on ,� D alD "° Real Property Tax Service P•...d Br ,W Lin. Cev"ry Llnr __� F6•Dlnrla Lim ---F--- HFdrvnr Obvl<14u--N--- R•lu••D�Hrinl m• ---R —• y61irI0m Or•d Dlm•+rrw 67' ]CeLE 11 FEEL Coup, Ce,er MICHAEL Ba KF.R, !R Y.P.E.JOI3 Dme C ---C - lar L.". In^n Lr". —_-- VI •f • �_-_ _ V --m-- m•r DH••er Lln• _ LrIFr Dlmrmr.In• _.L--- Bleh rb. O s<.Le D�m.rrlm, er• Ile ldr I Rrverheod, ,, New York Cr I C.v Ra<er.�F•,"P II "'° SrYd...im _-- -- 0.elre•d Bb°4 Llmn __�� P.A D�mr1<r Lin• --.P- —� P•r° ]l •I N° Lee,.�.1en BI.r4 .• 411) D••d Ar.• Cel<.l•I•d + — I„•°. �. �� E<e.•I Oirn.m LI... _ _IDX-- ^°'Lin• _ _.5- �- Updated �L L i 1 FOR BOARD AND STAFF USE Now Trd-:hrmation f - 0 NOTICE OF PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS TUESDAY, DECEMBER 14, 1999 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following application will be held for public hearing by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971, on TUESDAY. DECEMBER 14, 1999 at the time noted below (or as soon thereafter is possible): 6:35 p.m. Appl. No. 4768 - GEORGE KALOGERAS. This is a request for a Variance under Article XXIV, Section 100-2446, based upon the Building Department's October 26, 1999 Notice of Disapproval of a building permit application to construct addition enclose existing breezeway and attach existing garage as addition to dwelling. The existing side setback of the garage is less than the code requirement of 15 feet, and total side yards at less than 35 feet. Location of Property: Captain Kidd Estates Lots 48, 47 and p/o 46 (consisting of 36,911 sq. ft. in area), 900 Sound Beach Drive, Mattituck, NY; County Parcel No. 1000-99-1-8.1. The Board of Appeals will at same time and place hear all persons or their representative desiring to be heard or to submit written statements (before the hearing is concluded). The hearing will not start earlier than designated. Files are available for review during regular Town Hall business hours (8-4 p.m.). If you have questions, please do not hesitate to call (516) 765-1809. Dated: November 24, 1999. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS Town Hall 53095 Main Road Southold, NY 11971 DEC 16 '99 11:07 SOUTHOLD TOWN ZDA ` ZONING ROA RD OF APPEALS TOWN OF SOUTHOLD:NEW YORK r i the Matter a r the Application of Ito _r,1)/�_�� (Nam ol'Applicantdj Parcel W #I00,)- AFFIDAV 1'T OF MAILINGS COUNTY OF SWFFOL,K) STATE OF NEW YORK) � ,., 6 40 py. 'CAJ-6 LI' Ski Qt �C� residing at 11 �e%0 ... ' 1 V%P C1`t 4"b-, New York, Feeing duly sworn, depose and say that: On the // day ,19.�� ,1 personally mailed at the United States Post Oliice in U`�t , Ne�i4r i'orlc, by CERTIFIED MAIL,, j RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in, prepaid envelopes addressed to current owners shown on the current assessment roll verifred fr(j,m the officiallrecords on rile with the 6 ).Assessors, or County Renal propel-ty efface S6ujtvl 1 for every property which abuts and is ac rosy a public or private st eet, or vehicular right-of-way of record, surrounding the applicant's property. �.// _ 4#440n Sworn to before ane % day of ROBERT C. SOMEMALLE Notary Public, State of New York No. 01 S0480191 0 Qualified in Nassau Co Commission Expires May 31. e PLEASE list, en lfte back Il s Affidavit or on a sheet of paper, the lot nun:hers next to the oapner names and addresses for which notlees'Pere Mailed - Thank yam.-Cew on i Act JWt It r✓ ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK x In the Matter of the Application of oc-ol'Ne" 14499 (Names of Applicant ) Parcel ID #1000- COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF MAILINGS I, Ger®2 /a Loy�� S residing at p `�'v'`��� �� �, y 6 1-4Acle, New York, being duly sworn, depose and say that: On the 4- day of W% , 19 9 �, I personally mailed at the United States Post Office in IV A I -n ry cc- , 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 ( ) 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. (signature) Sworn to before m his �J day of 1, ROBERT C. SOMERVILLE (Notary Public) Notary Public, State of New York No. 01 S0480191 Oualified in Nassau Co (3`� Commission Expires May 31, PLEASE list, on the back of this Affhlai,it or on a sheet of paper, t1:e lot numbers next to the owner names and addresses for which notices were mailed Thank you. t r-> ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK X In the Matter of the Application of (N ie of Appli nt) Regarding Posting of Sign upon Applicant's Land Identified as 1000- q q , /— 9-, AFFIDAVIT OF POSTING COUNTY OF SUFFOLK) STATE OF NEW YORK) 1, residing at 9 New York, being duly sworn, depose and say that: On the day of 19_", 1 personally placed the Town's official Poster, with the date of hearing and nature of my application, in a secure position upon my property, located ten (10) feet or closer from the street or right-of- way - facing the street or facing each street or right-of-way abutting this property;* 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 (Signature) Sworn to before me this Nd --,day of ��9'A W (Notary Pu ROBERT C. SOMERVILLE Notary Public, State of New York No. 01S04801910 Qualified in Nassau Co� Commission Expires May 31. *near the entrance or driveway entrance of my property, as the area most visible to passersby. § 58-1 NOTICE OF PUBLIC HEARING § 58-1 Chapter 58 NOTICE OF PUBLIC HEARING § 58-1. Providing notice of public hearings. [HISTORY: Adopted by the Town Board of the Town of Southold 12-27-1995 as L.L. No. 25-1995. Amendments noted where applicable.] § 58-1. Providing notice of public hearings. Whenever the Code calls for a public hearing, this section shall apply. Upon determining that an application is complete, the board or commission reviewing the same shall fix a time and place for a public hearing thereon. The board or commission reviewing an application shall provide for the giving of notice: A. By causing a notice giving the time, date, place and nature of the hearing to be published in the official newspaper within the period prescribed by law. B. By requiring the applicant to erect the sign provided by the town, which shall be prominently displayed on the premises facing each public or private street which the property involved in the application abuts, giving notice of the application, the nature of the approval sought thereby and the time and place of the public hearing thereon. The sign shall be set back not more than ten (10) feet from the property line. The sign shall be displayed for a period of not less than seven (7) days immediately preceding the date of the public hearing. The applicant or his/her agent shall file an affidavit that s/he has complied with this provision. C. By requiring the applicant to send notice to the owners of record of every property which abuts and every property which is across from any public or private street § 58-1 SOUTIJOLD CODE § 58-1 from the property included in the application. Such notice shall be made by certified mail, return receipt requested, posted at least seven (7) days prior to the date of the initial public hearing on the application and addressed to the owners at the addresses tisted or r r shall on the local assessment roll. The app file an affidavit that s/he has complied with this provision. OFFICE OF ZONING BOARD OFAPPEALS 53095 Main Road Southo/d, NY 11971 (631 eff. 11/99) 765-1809 Fax 765-9064 November 26, 1999 Re: Chapter 58 — Public Notice for Tues., December 14, 1999 Hearing Dear Applicants: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Suffolk Times. Pursuant to Chapter 58 of the Southold Town Code (copy enclosed), formal notice of your application and hearing must now be mailed and shall include a map or sketch showing the neeµ, location with the setbacks and use. Send this Notice CERTIFIED MAIL, RETURN RECEIPT REQUESTED, as soon aspossible, with a copy of the map to all owners of land (vacant or improved) surrounding yours, including land across any street or right-of-way that borders your property. Use the current addresses shown on the assessment rolls maintained by the Town Assessors' Office (765-1937) or the County Real Property Office in Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. Please submit your Affidavit of Mailing (copy enclosed) to us by the Friday before the hearing date, with the post office receipts postmarked. later, when the green signature cards are returned to you by the Post Office, please mail or deliver them to us. If any signature card is not returned, please advise the Board at the hearing. A sign is also necessary for posting at the property by you, not later than 12/7/99, and therefore must be picked up by you or your representative on or before 12/6. Town Hall is open from 8 to 4 p.m. (M - F). The sign must be located on the property no more than 10 feet from the front property line bordering the street. (If you border more than one street or roadway, a sign is enclosed for the front yard facing each one.) The sign(s) must remain in place for at least seven (7) days, and if possible, remaining until the day of the hearing. After the signs have been in place for seven (7) days, please submit your Affidavit of Posting (copy enclosed) to us for the permanent file. When convenient for you, please return the sign to us. If you do not meet the deadlines stated in this letter, please contact us promptly. It may be necessary to cancel your hearing if the required steps are not followed. Thank you for your cooperation. Very truly yours, ZBA Office Enclosures 11/26/99 Mailed Legal Notices for 12/14/99 hearings to the following: Patricia C. Moore, Esq. (Re: Poggi, Faith Reform, and Kirsch) 51020 Main Road Southold, NY 11971 J. Kevin McLaughlin, Esq. (Re: Morris) P.o. Box 1210 Southold, NY 11971 Mrs. Marguerite Schondebare P.O. Box 14580 Southold, NY 11971 Burger Construction, Inc. (Re: Riley) P.O. Box 934 Cutchogue, NY 11935 Mrs. Christina Rivera (Re: Kalogeras) 250 Sound Beach Drive Mattituck, NY 11952 Zoumas Contracting Corp. (Re: Wheeler) P.O. Box 361 Fairway Drive Wading River, NY 11792 Richard F. Lark, Esq. (Re: McLean) 28785 Main Road P.O. Box 973 Cutchogue, NY 11935 Harvey Arnoff, Esq. (Re: Lucey/Santacroce) P.O. Box 329 Riverhead, NY 11901 Gary Flanner Olsen, Esq. (Frank Field Realty) P.O. Box 706 Cutchogue, NY 11935 Suffolk Environmental Consulting, Inc. (Bahrenburg) Main Street P.O. Box 2003 Bridgehampton, NY 11932-2003 and Robert Sorenson Construction, Orchard Street, Orient 11957 Faxed to Suffolk Times 11/26/99 X , 00. 00'' ' ib 0r1 7. �x y �-� ✓a . 00, 111 SURVEY OF o., � / � �•.c / / LOTS 48, 47 & P/O 48 BLOCK 2 MAP OF 6� 4 o4 0 0� CAPTAIN KIDD ESTATES FILE No. 1672 FILED JANUARY 19, 1949 / 4.// / ?' / �• 4. SITUATED AT .00�o / x/ / / oa ,��moa 4'�00.,� MATTITUCK TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK c � Ip S.C. TAX No. 1000-99-01-8.1 SCALE 1 "=20' / �/ / a ,/ ��,� Q_ :•a;: . �, �¢, MAY 28, 1998*41 SEPTEMBER 16, 1998 ADDED COASTAL EROSION HAZARD LINE ��• Q� SEPTEMBER 29, 1999 ADDED TOPOGRAPHICAL SURVEY AREA — 36,911.77 sq. ft. / �� / TIE LINE c .y C� 9 s ^Oi (TO ) 0.847 ac. �►'��� / \ i 00 NOTES: 1. ELEVATIONS ARE REFERENCED TO N.G.V.D. 1929 DATUM EXISTING ELEVATIONS ARE SHOWN THUS: -�S EXISTING CONTOUR LINES ARE SHOWN THUS: — — PREPARED IN ACCORDANCE WITH THE MINIMUM STANDARDS FOR TITLE SURVEYS AS ESTABL.ISJ•LED BY THE LIALS. AND APPROVED AND ADOPTED FOR SUCH' USE LiY THE NEW YORK STATE LAND TITLE ASSOCIATION. N.Y.S. Lit JoseIngegno } a Land S445urveyor Title Surveys — Subdivisions — Site Plans — Construction Layout PHONE (516)727-2090 Fax (516)722-5093 CFFi FS LWATED AT htAILiNG .ADDRESS one Union Sauare P.O. Box 1931 o �• C2 � _:.,.. oma, � ., �• �� � . s— — —— � o CERTIFIED TO: -!,L c' FIRST AMERICAN TITLE INSURANCE COMPANY OF NEW YORK TITLE No. 151—S-6517 MASPETH FEDERAL SAVINGS AND LOAN ASSOCIATION GEORGE MbCtE,RAS STCW14 K-AtOGERAS DEMOS KALOGERAS n UNATHORIZED ALTERATION OR ADDIMON TO THIS SURVEY IS A VIOLATION OF, SECTION 7209 OF THE NEW YORK 'STATE EDUCATION LAW. COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S INKED SEAL OR EMBOSSED 'SEAL SHALL NOT, BE CONSIDERED TO BE A VALID TRUE COPY. CERTIFICATIONS INDICATED HEREON, SHALL. RUN ONLY TO:THE PERSON FOR WHOM THE SURVEY IS PREPARED, AND ON HIS BEHALF TO THE TTTL.E "COMPANY, GOVERNJAWM AGENCY AND LENDING INSTTTUTION LISTED HEREON, AND To THE ASSIGNEES OF THE LENDING INSTI- TUTION. CERTIFICATIONS ARE NOT TRANSFERABLE. THE EXISTENCE OF RIGHTS OF WAY AND/bR' £ASl1ENT_Of RECORD, IF meq° '� •� .�• ,Y � �• _ 'SfO. 4<11 \ \ Q) Ir Ap \ \ 3 4. �5 a ' • Q . t :..., I