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4464
72 7 76- A/ APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen James Dinizio, Jr. .Rohe -„vim” `tea Lydia A. Tortora M- 0ste-ri-k.a r.n BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516)765-1823 Telephone (516) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION ADOPTED AT REGULAR MEETING OF APRIL 10 and APRIL 24, 1997 Appl. No. 4464 - TOMIS KOURKOUMELIS PARCEL 1000-44-1-2 STREET & LOCALITY: 54775 C.R. 48, Greenport DATE OF PUBLIC HEARING: April 10, 1997 FINDINGS OF FACT PROPERTY DESCRIPTION This property is located in an R-40 Residential Zone District, being situate on the northerly side of County Road 48 with 63.69 ft. road frontage and 75.0 ft. frontage along the Long Island Sound at the ordinary highwater mark (1953 survey). This lot contains a total area of .67 of an acre and, as depicted on the 1953 survey map (re -dated December 23, 1996) under this application is improved with the following: one-story brick house (single-family), accessory garage located in the front yard area, and accessory deck structure along bulkhead. BASIS OF APPEAL: Building Inspector's Action of Disapproval dated January 31, 1997, which reads as follows: under Article XXIII, Section 100-239.4A (1) , "... all buildings located on lots adjacent to sounds and upon which there exists a bluff or bank landward of the shore or beach shall be set back not fewer than one -hundred (100') feet from the top of such bluff or bank. Pursuant to Article XXIII, Chapter 100-239.4A(1). Action required by the Zoning Board of Appeals. Gary J. Fish, Building Inspector." AREA VARIANCE RELIEF REQUESTED BY APPLICANT: To locate a 16' by 36' inground swimmingpool with deck and fence enclosure, situate 34 ft. from the outside bulkhead below the bluff area, and 22 ft. from the "ledge" or closest portion of the deck which exists near the beach area below the bluff. The pool is shown to be proposed at five feet from the rear of the house, 17 ft. from the westerly side property line, 15 ft. from the easterly side property line, and 69 ft. from the ordinary highwater mark (northerly property line). For the record, it is noted there would be a grass area or possibly a grounu level or1CK PULIV 6L1Vw11 Vc wvccaa yv a areas (rather than a raised deck which would require a REASONS FOR BOARD ACTION, DESCRIBED BELOW: (1) The granting of the area variance will not produce an undesirable change in character of neighborhood or a detriment to Page 2 - Appl. No. 4464 (Kourkemoulis) Decision Rendered April 24, 1997 Southold Town Board of Appeals nearby properties because the land area in question is a size of 16' by 36.' (2) The benefit sought by the applicant cannot be achieved by some method, feasible for applicant except for placement in a limited front yard area (which may also require a variance). (3) The requested area variance is substantial in relation to the code requirement. (4) The proposed variance would not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because back -wash or drainage of pool water must be channeled towards the south of (south of the house) and away from the bluff. (5) The situation has not been self-created because the nonconforming setbacks of this house were established when built prior to 1963 in its present location. (6) This action is the minimum that the Board deems necessary and adequate and at the same time preserves and protects the character of the neighborhood, and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Chairman Goehringer, seconded by Member Doyen, it was RESOLVED, to GRANT the relief as applied and SUBJECT TO THE FOLLOWING CONDITIONS: 1. Pool and deck shall not be physically attached to the dwelling or structural part of the dwelling at any time; 2. New construction (pool and decks) shall remain open to the sky and unroofed; 3. Lighting must be of a ground effect only (no overhead lighting, and lighting must be shielded down towards the pool and the ground). NOTE: It shall be understood that there will be no backwash or drainage of water towards the bluff area at any time whatsoever. VOTE OF THE BOARD: AYES: Members Doyen, Goehringer, Tortora and Ostermann. (Member Dinizio was absent.) T' duly adopted (4-0). � �'w /hLC j.:'.D AND FILED BY ERARD _P_. GOEITR ING fRWMfi2MMWDLD TOW14 CLE"tUC Signed: April 25, 1997 Actions. 97/44-1.2 10.'.�),S Town Clerk, Town of Southold 1-14-1997 11:05AM FROM TIMES/REVIEW 516 298 3287 APR la 197 11:� SOU' '`A TCWN Hi L 516 765 1$23 Gerard P Gpehrfmget, ( Serge Doyen James DinWo. Lydia A T Maureen 0. [April 14, So: Karen LEASE SI mes: ppeals.hmmunicati Law and th will be held of all testis BOA$D OF Southold, N noted below 5:15 P.M. Request fw upon the A Inspector, bank at les or bluff. al C.R. 48, G 6:20 P.M. variance in the Buildx accessory yard, Ar i- t i tfohl ImWILOVIPWO R ar t first page/receipt to conium receipt b5 ?OA and return to us at 765-1823 6U'a— legal document which wf2t r+ Thank you-) This legal notice cons LEGAL NOTICE is HMMY GIVEN, pursuant to Section de of the Town of Southold, the folia 'o addittonal public hearings (in order t i and documentation submitted) by the at the Scuthold Town, Hail, 5 r York 11971, on THURSDAY. APRIL 24, ir as soon thereafter as possible): IF . No. 4464 - TONIS AND KATHY SOUR a Variance under Article XXIV, Section 3]., 1997 Action of Disapproval issue( U2 permissim to locate swimmiagpool with fc ttan the required Joe ft. setback from tb ,g the Long Island Sound. Location of port, Parcel No. I000 -X14-1-2. t 1. No. 4468 - PETER WALKER- This :d up= the March 11, 1887 Notice of Diss pector . for permission to locate s court structure in an area other than s =11, Section 100-231A. Location of A 3 i P. 2 F. e kmthoid 1bwn Hall 53095 Main Road PO. Box 1179 hold, New York 11971 =(516)765-1823 ;phone (516) 765-1909 M 4 pages. Town raceipt TOMN Road, e times based Building sure set the bank 54775 for a 4 by M of Tea rear 375 Pine Page 2 - (Additional) Legal Notice Southold Town Board of Appeals Regular Meeting of April 24, 1997 Tree Court, Cutchogue, NY; Parcel 1000-98-1-7.17, containing a lot size of 79,135 sq. ft. 6:25 p.m. Appl. No. 4467 - CAROLINE TALBOT. This is a request for a variance based upon the March 4, 1997 Notice of Disapproval issued by the Building Inspector for permission to construct an accessory storage building in a front yard area, at premises located at Fox Avenue, Fishers Island, NY; Parcel 1000-9-1-27, containing a lot size of 18,500+- sq. ft. 6:30 p.m. Appl. #4410 GARY SACKS and ALAN SCHLESINGER. Based upon the July 16, 1996 Notice of Disapproval from the Building Inspector, applicants request a Variance under Article =II, Section 100-239.4B for a proposed deck addition within 75 feet of bulkhead, at 125 Mesrobian Drive, Laurel; Parcel #1000-145-4-7. 6:35 p.m. Appl. #4468 MATTHEW AND LAURIE DALY. This is a request for a variance based upon the March 17, 1997 Notice of Disapproval issued by the Building Inspector, for a building permit to construct new inground pool, which disapproval is based "...under Article 1I1, Section 100-33, accessory buildings, structures and uses shall be located in the required rear yard...." Location of Property: 2505 Deep Hole Drive, Mattituck; Parcel 1000-115-14-12, containing a lot size of 22,500 sq. ft. 7:15 p.m. Appl. #4463 - L. SUTER d/b/a BLUEWATER SEAFOOD. The applicant is requesting the following: (a) Variance relief based upon the January 6, 1997 Action of Disapproval issued by the Building Inspector, which states that a "permit to construct metal frame with canvass roof (addition) to existing Page 3 - (Additional) Legal Notice Southold Town Board of Appeals Regular Meeting of April 24, 1997 "permit to construct metal frame with canvass roof (addition) to existing retail fish market is disapproved on the following grounds: Under Article XXIV, Section 100-244B, proposed addition to existing retail fish market with accessory seasonal single service utensil seating, proposed construction is on a nonconforming lot Iocated in the B General Business District, has insufficient side yard of ... less than the required 10 feet. Action required by the Zoning Board; action also required by the Planning Board..."; and (b) Variance relief under Article XIX, Section 100-191 "Off Street Parking Areas" for permission to utilize additional accessory open parking spaces within 200 ft. walking distance of the subject lot identified as Parcel 1000-122-3-7 (Suter), located upon adjoining property identified as Parcel 1000-122-3-6 (now or formerly of Bagshaw) . This proposed additional parking area is located at the rear portion of the Bagshaw parcel that is zoned R-40 Residential, and is accessible to serve the immediately adjacent HB business uses. The remaining portion of the .Bagshaw property (as well as .the Suter parcel) is zoned "B" General Business. Street Address of Property: 11400 and 11500 Route 25 (a/k/a Main Road), Mattituck, NY; County Parcels identified as 1000-122-3-7 and 6. 9:35 p.m. Appl. #4429SE and 4430, by LILCO, as Contract Vendee, concerning premises referred to as 8550 (vacant land) Main Road, Mattituck (near Laurel), identified as 1000-122-7-6.6, and also known as Lot #2 consisting of 35,798 sf. as shown on the Subdivision of Map of "Frank Murphy Garden Center" approved by the Southold Town Planning Board 4/12/1982. Applicant, as contract vendee, is requesting: Page 4 - (Additional) Legal Notice Southold Town Board of Appeals Regular Meeting of April 24, 1997 (a) Appl. No. 44295E - Special Exception for Use of Vacant Land as shown on plot plan for a compressor station building with fence enclosure in this "B" General Business District. (b) Appl. No. 4430 - Variance under Article XXIII, Section 100-231-A for permission to construct fence enclosure, which exceeds maximum fence height restriction of 6 feet when located in the front yard, and which exceeds 6-1/2 feet in or along side and rear yards. Dated: April 14, 1997. GERARD P. GOEHRINGER, Chairman SOUTHOLD TOWN BOARD OF APPEALS x NOi'S�f1E11E&Y MEN; suairC �n 267 of the Town:' and[ t;gx�p of the Town of Scud the foifoYvtpg applicazions will ba: r � STATE OF NE�. -IORK) 7ER.1R , J ADD The,appheant is request- C /'jyO/F�SUFF K he)Variany'; � � k 1 C_ 1 I m1 (a)Vananee relief based upon the kk of Mattituek, iii'. ary 6, 1997e�ition o�Disapproval -r :dby the sldld'mgtector,'which said County, being duly sworn, says that he/she tothat a 'permit sa.cdni"ti metal - is Principal Clerk of THE SUFFOLK TIMES a ie with canvass .roof (addition) to. p ting retail,fish,da"t is cusap- Weekly Newspaper, published at Mattituck, in ,qd - on the:folld4fiig grounds. et Article xx .V, sectim 100. the Town of Southold, County of Suffolk and B," proposed 4aditiotl to existing State of New York, and that the Notice of which k_fish,macpeYw� accessory sea dsingle, ser ace srrensil, seating, , the annexed is a printed copy, has been regular- bsed const[uction rs on a nmwn- ring lot locates ,n the, & General ly published in said Newspaper once each week inessbtstr— has msutficient side for weeks successively, commencing on I oi' less thah the tequ3red 10 Action required by, tha zoning the 1 l day of 1 19� rd, action,also ret m ed by:the T ` 11 � 1� wing Board and q Aanance r8ltef trader 6idcie " Section lood9l O f , street tY*eas ,orpgaiusstonto ytlliae itional aceessoi'ry open parking xs wnitin 10 ft - +Wldni distance _ Principal Clerk Sworn to before me this day of a �7 19 MARY DIANA FOSTER NOTARY PUBLIC,, FATE OF NEX YORK NO. 52-4655242, SUFF0LK COUNTY KIMISSIM EXPIRES AUGUST 31,12rt j p FORM NO. 3 TOIYN Or SOUTIIOLD BUILDING DEPARTMENT TOIYN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL January 31, 97 Date...........................19..... To ISLANDIA POOLS LTD, a/c KOURKOUMELIS 108 FISHEL AVE. RIVERHEAD, NEW YORK 11901 PLEASE TAKE NOTICE that your application dated..? =.?4h •.............. 19.9 . 7.. for permit to CONSTRUCT AN INGROUNI) SWIMMING POOL WITH DECK .. ............................................................at 54775 COUNTY ROAD 048 GREENPORT, N.Y. Location of Property . .............................. . .......... . House Nm Street Hamlet County Tax Map No. 1000 Section .... 44........ Block ... .......... Lot 2 Subdivision . . ............... Filed Map No. ................ Lot No. .................. is returned herewith and disapproved on the following grounds .ALL,BIIILDINGS.LOCATED ON LOTS ADJACENT TO SOUNDS AND UPON WHICH THERE EXISTS A BLUFF OR BANK LANDWARD OF THE SHORE OR BEACH SHALL BE.SET.BACK ........ NOT FEWER THAN ONE HUNDRED (]00') FEET FROM .......... .................................. THE TOP OF SUCH BLUFF OR BANK. PURSUANT. TO ARTICLE XXIII CHAPTER 100-239.4 A(]) o ACTION REQUIRED BY THE ZONING BOARD OF APPEALS ............................................. 1 Inspector GARY J. FISH RV 1/80 'OARO OF HEALTH ......... FORM NO. 1 ',.! SETS OF. PLANS ........... TOWN OFSOUTHOLD SURVEY ........... I....... 13UILDING DEPARTMENT CHECK .................... TOWN HALL SEPTIC FOR.1 .............. SOUTHOLD, N.Y. 11971 TEL: 765-1802 1101IFY: ]xamined ................. 19 1pproved ........... 19 .. Permit No.. .... . )isapproved a/c j/3/1�J , , , CALL .../< ................. �t1AIL�,O• ....... � ....... (Building Inspector) APPLICATION FOR BUILDING PERMIT Date .. � a�2. ........ I �. INSTRUCTIONS a. This application must be completely filled in by typewriter Orin ink and submitted to the Building Inspector, with 3 is 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 areas, and giving a detailed description of layout of property must be drawn on the diagram which;is part of this appli- tion. 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 issued a Building Permit to the applicant. Such permlt all 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 whatever until a Certificate of Occupancy all have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the rilding Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or :gulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. re applicant agrees to comply with all applicable laws, ordinances, buil mg codr, 4ousing code, and regulations, and to mit authorized inspectors on premises and in building for necessary inspe kions. (Signature of p licant, e, f a corporation) fU l:�l £'L jtlP ... ..11l itP/tCJ {/`ivlj (i 7u0 ... ..... ........ (Mailing address of applicant) ate whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. CUw.........................................../........./..................... imcofowner ofpremises � yliS Uc/L. /Cdc1�,�;C;1 t�V+ %U/�/�Oc.raavrL/ (as on the tax roll or latest deed) applicant is a corporation, signature of duly authorized officer. ............ ........ I ......... ..... (Name and title of corporate officer) . Builder's License No. .. ��..?%. L>.... . Plumber's Liccnse.No. ........................ Electrician's License No . ...................... Other Trade's License No . ................ . Location of land on which proposed work will be done !louse Number Street Haanlct County Tax Map No. 1000 Section ....y ........... Block ....1.... 7 ......... Lot .....2 ........... Subdivision ............. Filed Map No. .............. Lot ............... (Name) State existing use and occupancy of premises and intended d� use and occupancy of proposed construction: ,xisting use and occupancy 2 'C<�� ;�1 lL' .-Y ................ ............................. . led use and occupancy.................................................................... 3. Nature of work (check which apl .._:able): New Building .......... Addition .......... Alteration .......... Repair .............. Removal .............. Demolition .............. Other Work .�JFQ J....... . (Description) 4. Estimated Cost..................�.�.�1��............. Fee ...................................... f (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 ............... Rear Depth .............. . Height ................ Number ofStories .................... ..... ................. ...... .... .... Dimensions of same structure with alterations or additions: Front ................. Rear ................ . Depth ...................... Height ...................... Number of Stories .............::.. - 8. Dimensions of entire new construction: Front ............... Rear ............... Depth ............. . Height ............... Number ofStories ............................. ..-....................... . 9. Size of lot: Front ...................... Rear.. <................... Depth ...................... 10. Date of Purchase ...............:.............. Name of Former Owner ....... . ..................... if. Zone or use district in which premises are situated .................................................... . 12. Does proposed construction violate any zoning law, ordinance or regulation: ..................... . . ..... . 13. Will lot be regraded .... Will excess fill be removed from premises: YesJ No vO 14. Name of Owner of Address ... Phone No. .7!s'-. 7 ?. Name of Contractor -7'A �:v::'C . �e� .. �?f�..:... Address /r .`�1�� �.. #° L '1JPhone No.�tt I5. Is this property within 300 feet of a tidal wetland? *Yes..,... No......... *If yes, Southold Town Trustees Permit may be required. PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and. indicate all set -back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or comer lot. STATE OF NEW YORK, S S OUNTY OF ...... . — s5k: (^lamecf;ndI;duai slgr:mg contract) Love named being duly sworn, deposes and says that lie is the applicant ��O <.>� UYL lc is the . . .... . . . Fr ........................................................ .:. VU+vC (Contractor, agent, corporate officer, etc.) ' f said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this 1plication; that all statements contained in this application are true to the best of his knowledge and belief; and that the ork will be performed in the manner set forth in the application filed therewith. worn to before me this ....... of..�. ...... otary Public, .. .. .. ....... / DIANE N. KQH6t.E5 4. Notary Pubiic, 5tata of Navv York �; , '111. , �C{.. , , . No.d89130D / Qualified in Suffolk County / (Signature of applicant) Commission Expires June 8, 19 / /j�lQ�✓3 d� RECEIVED l /•'3 Fa 2 4997 Town Clerk Southold TOWN OF SOUTHOLD, NEW YORK ��� 4 APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. H l ` �q r DATE ...... a)-ZA- t.4,9,7 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y, 1, (We) .......Tomis Kourkoumelis .......,,.,of ..............5477$ No th,.,ROsld...(�ty..:.Bd... 48) .................... .... Nome. of Appeliont Street and Number ........SRlxthuld5.911t1wid .......................... .:_ ............HEREBY APPEAL_ TO Municipality: State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ............................ 12/23/96 DATED ............. ....... .................................. WHEREBY THE BUILDING INSPECTOR DENIED TO t 11 0,4 Tomis Kourkoumelis by ............ Name of Applicant for permit of 54775 North Road, Southold NY _ ......... .............._..............::.................................................................. Street and Number MunicipaNty State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1, LOCATION OF THE PROPERTY 54775_'yNorth Road, Southold NY . ...._._.............•..................................... Street /Hamlet / Use District on Zoning Map District 1000 Section44 Block 1 Lot 2. _.Current OwnerTomis Kourkoumelis .._...._.....__...._....._.._:...__.�__..,_...__.......----_ Mop No: Lot No. -Prior Owner 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 XXIII Section 100-239.4 A (1) 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ( )4 A VARIANCE to the ZoningOrdinance or Zoning Mop ( ) A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons. Lows Art. 16 Sec. 280A Subsection 3 4, PREVIOUS APPEAL A previous appeal (has) (has not) 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 . .......... ..__NVA......... Dated ....................... N/A,._.................................. REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( A Variance to the Zoning Ordinance is requested for the reason that Article XXIII §100-239.4 states: "All buildings located on Lots adjacent to sounds upon which-thererrexists a bluff or, bank landward of the shore or beach shall be set back not fewer than 100 feet from the top of such bluff or bank_ The proposed 16' x 36' poolrequires interpretation of ordinance and/or grant oE'variance relief. Foran 2131 (Continue on other side) REASON FOR APPEAL Continued - I. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces. sory HARDSHIP because Lot 15 is a pre-existing and non -conforming lot. Permit application was made for 16' x 36' inground swimming pool overlooking the; Sound. The 100' setback requirement is not possible to meet. By placing the pool C 5' from the house and limiting its size to 16' x 361 an C34' setback from bulkheaded bluff can be achieved. There is no other practical location available due to: (1)lot's unique configuration (width of 63' to 751) and (2) the presence of cesspools, well, driveway, large trees and open exposure to the highway (North Road - County Road 48) on the south side of lot. The applicant has done everything possible to limit the variance requested to the minimal amount necessary. 2. The hardship created is UNIQUE and is not shared by oil properties alike in the immediate vicinity of this property and in this use district becousethe lot is pre-existing and unusually narrow with an existing residence situated C 55' from a very low bluffline which enjoys protection from a very heavyduty bulkhead which has been in place undisturbed since 1954. The requested inground pool will cause no adverse effect or impact on the physical or environmental conditions in the neighborhood, but will have a uniquely beneficial effect on applicant and . his wife, Kathy. Kathy (as a result of a serious motor vehicle accident in 1992) suffers from a chronic and debilitating herniateddisk in her back. (See docotr's certification attached.) Hydro -therapy (swimming) alleviates the chronic pain and is recommended by her physicians. However, she is unabL to access the Sound beach due to the problems of ingress and'egress and the instability of the rocky and sandy beach area upon which she must walk. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because no undesireable change will be produced in the character of the neighborhood nor any detriment to nearby properties. Many, of the lots in this area are pre-existing and undersized with construction within the 100' setback area. Some have requested and received similar relief to that which is requested herein. Finally, the difficulties recited herein were clearly not self-created and the neighbors, understanding the need, are supportive of this variance request. STATE OF NEW YORK } ss ..... ...... COUNTYSUFFOLK Signature OF } ••••••••-••••••••. Sworn to this ............`.'......... ....................... day of -....February 97 .......... .... ...................1 19 .......... ..... "rtsh,�„ �........ ..................... / Notary Public Joann, rdo sMtanj t uNic, Seitfoik Couuty, Wf #01 FA4991777 Gammission E,:p. 2-11 6-9 Y RES. � 0 SEAS. � - 2 '` TOWN" OF SOUTHOLD PROPERTY RECORD CARD OWNER IMP. STREET L?/ VILLAGE'_ DIST, SUB.i✓ LOTjZ w FORMER OWN R. N E AGE ACR. p� NORMAL S o- W TYPE OF BUILDING RES. � 0 SEAS. � VL FARM COMM. ' CB. MISC. Mkt. Value LAND IMP. TOTAL DATE REMARKS 7 _* q -Ll U^ v0 -1 S5e0 w C p BUILDING CONDITION AGE BELOW ABOVE Value Per Value -- NEW NORMAL FARM Acre Acre Tillable T 101 — Tillable 2 Tillable 3 Woodland Swampland FRONTAGE ON. WATER Brushland 0 / '3. - FRONTAGE ON ROAD House Plot DEPTH 6 J BULKHEAD ..i Total DOCK m, ■ Patio Total ,q gY1L 3� o�� a N �� 5.0 F n �3v gpZAfLA n$ 42caK O ps«;e ve.+ z V 1 sievy V 15 Ov�ck �+ei1 a K 8 rorz— ................................................................................ TRANSMISSION RESULT REPORT ....................(RPR 25 97 10:22AM)................. :SOL'. -�_D TOWN HALL 516 .765-1823 ................ ............ ................... ............ ........ ......:........... ...... .................. ................................ .:........ off .... ............. ...... ( AUTO) ...... ............. .. DATE START REMOTE TERMINAL TIME- 12E= MODE .`TOTAL PERSONAL LABEL FILE. TIME IDENTIFICATION SULTS PAGES_ NO, APR -25 10:21AM 1 516 722 4877 01'38" OK ES 013 003 .........................................•................•.............................................Mo.......................................•...................................Hu..............•........•.... APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen James Dinizio, Jr. Lydia A. Tortora (Vla_..reer os+ernanrl C2 y�c y a �4 • O�� BOARD OF APPEALS TOWN OF SOUTHOLD April 25, 1997 7 FACSIMILE TRANSMISSION '7 a s - y g -7 -7 Philip J. Cardinale, Esq. Jamesport Center Jamesport, NY 11947 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Re: Variance Application for Tomis and Kathy Kourkoumelis Deara le Please find enclosed a copy of the board's decision, adopted at our April 24, 1997 meeting. A copy has today also been furnished to the Building Inspector's Office as an update to their initial Action of Disapproval and for use in the open building permit application file. Please contact the Building Department directly regarding the pending building permit application to determine if any other documentation would be needed in their office. Also, we are required to transmit a duplicate., of your file to the Suffolk County Department of Planning, which agency has jurisdiction under the County Administrative Code for projects located within 500 feet of a County or State Road and most waterways. We have transmitted the file documentation to the County for review, and it is expected that the County will pass its determination back for a local (ZBA) level without requiring further steps. Very truly yours, cGaJ Linda Kowalski Enclosure Copies of Decision to: Building Department County Department of Planning '-d-14-1997 11:04AM TO: FROM: NOTES: FROM TIMES/REVIEW 516 298 3287 S 1 sheet) m e gOARD OF APPEALS: TOWN OF SOUTHOLD -----------------------------------x In the Matter of the Application AFFIDAVIT of ToMis +khTNY �'vccRKo�%ME�IS (Name of Applicants) ------------------------------------x AFFIDAVIT OF MAILING AND POSTING COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Sc eSP N CARD % M1P L1 .7 residing at 7 95 Pecan �'c Ajay Blvd.) (-i'i ve-Xjj 4Ea� New York, being duly sworn, depose and say that: l a -h 1) On the 16 day of A?"'[ 199 `% , I personally mailed, by certified mail, return receipt requested, a true copy of the attached Legal Notice, addressed to each of the following named persons at the addresses set opposite their respective names, that the addresses listed below are those shown on the current assess- ment rolls of the Town of Southold; that said Notices were mailed at the United States Post Office to each of said persons by certified mail, return receipt requested: Name of Surrounding Property Owner onoJA P, Walz `3 1atv+(ck Crat7 ica ir,il� f'�i�rikex Z and, eo�';nnM OV Ive �o ark Mailing Address na Qat"s V-0_;rc1eS �--. Ne-wYork 6(027Y X23( - 2) On the 154' day of April 1997, I personally posted the property identified as District 1000, Section 44 , Block I - , Lot . A , by placing the Town's official poster ten (10) feet, or closer, from the property line facing the street (or facing the right-of-way) , and that I have checked to be sure the poster has remained in place for seven full days prior to the date of the public hearing (date of hearing noted thereon to be held April d�, 1997) . , Sworn,to before me this (signature) ,;Z-3day of ,Apr; i 1997. `Jusptj C`_Ap,DI WAL5 Joanne iagan ✓ti�/i�� Notary Public, Suffolk Nota Public County, NY #01 FA4991777 Commission Exp. 2-10-9q (Please return to the office of the Board of Appeals when completed. Thank you.) Z 136 197 021 Receipt for Certified Mail No Insurance Coverage Provided Do not use for International Mail UtNTED STATES POSTALSEfNICE (See Reverse) Se tto ,,�,// L /V u/U !C t1,1L. 0 r L Street and o. 2 m P.O., State and ZIP Code n 16 36 CD 00 Postage E Certified Fee O r LL Special Delivery Fee rD i CL Restricted Delivery Fee Return Receipt Showing to Whom & Date Deliver Return Receipt Showi to om, li Date, and Addressee' ess TOTAL Postage & Fees U' Postmark or Date Z 1EL 197 025 Receipt for Certified Mail No Insurance Coverage Provided Do not use for International Mail (See Reverse) c') Sent t rn (�tJ VStreet and No. tb ® p,0., State and ZIPCode O Postageco $,55 C5 co v � Certified Fee O LL Special Delivery Fee CO 1L Restricted Delivery Fee I Return Receipt Showing to Whom & Date Delive Return Receipt She g Date, and Address 's ress TOTAL Postage & Fees FPos,ma,lor Date (J'A-A�i � i 136 197 019 Receipt for Certified Mail �' 1 No Insurance DMTE- ance Coverage Pro i °Ds*^L�E��E Do not use for I n t e r n Provided M (See Reverse) ational Mail W Sent to V Street and No, C A.7" P -O;. State and ZIP Code O ta '1 I�o3 0 Postageco ECertified Fee `J O LL a Special Delivery Fee L �� Z 136 197 020 Receipt for Certified Mail No Insurance Coverage Provided UMTEDSTATESDo not use for International Mail ER eOSTALSCE (See Reverse) Cl) rn rn t ca O O 00 M LL 0) 1L Sent Street and o. ci ./7)3 P;Y., State a _ ZIP Code /��/(•I OC/ Postaie $ Ste' Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to Whom & Date Delivered Return Receipt Showing to orKi Date, and Addressee's Ad r TOTAL Postage & Fees e$ Postmark or Date Cb I �� �VSP S CARDINALE & CARDIN) Attorneys at Law Main Rd. P.O. Box Drawer VAZ02-f JAMESPORT, NEW YORK 11947 (516) 722-4744 TO Attn: Linda Kowalski FM 7(*5P9Q,3 Bb*d d bf-"App6&I'9 53095 Main Road P B ox Southold NY 11971 [ DATE 4/23/97 1 SUBJECT Hearing 4/24/97 re Rourkoumelis EIPLEASE REPLY F] NO REPLY NECESSARYSIGNED PHILIP J. CARDINALE APR -23-97 12:18, PM CARDINALE 1 516 722 4877 P.01 CARDINALE & QARDIK' Aa Attorney& ak Law Main Rd.PA Box Drawer U2021 JAMESP®RT, NEW YORK, 11947 nArr (316) 722-4744.. .9/.23/97 TO euweeT 'Attn:-Linda. Kowalski FAX 7&5 /$013 Hearing 4/24/97 .Board of Appeals-. 53095 Main Road. re Mourkoumelis P.O.. Box .117.9 Southold .NY'11-971 Dear Linda. copy .of. Faxed .herewith is/the,. affidavit 're the..a'bove and' the post 0ffi.ce.. receipts. The -original. is being mailed. to you.'. Thank you. for your assistance i.n this matter.. APR'-23-97 12:19, PPI CARDINALE. 1.516 722 4877 P.92 HOARD OV APPLAI,S:TUWN f OF 50U'1'HOL[) --------------------------- ----x' In :the Mutter of the Applientioii AFFIDAVIT . of (Name of App(feants) --w"-----------�,-------------------x AFFIDAVIT Or MAILING AND POSTING COUNTY .UF SUFFOLK)', STATE OF NEW YORK) I.S15A1.1 C..ARDN;)Ll , residing at 715 New York,. being duly' sworn, depose and say. that:. l.) On the-11S.' day `of "' , ' 199 7 , I personally mailed,. by certified mulls-return rcccipt requested,, ..A true . copy of the attached Leel Notice, addressed.to each- -or -the: following ..named persons .at the addresses- .set I opposite their respective names, that the addresses listed below are those shown on tiio . current assess- Ment' rolls .of ' the Town of Southold; that said Notices :were mailed at the United States Post. office to. 'each.,of said' persons by certified mail,:' return reec±ipt requested: . Name of Surrounding Property Owner Mailing Address. 'J7pY1MA _9, � �IC0 "'3 3U'.) Vii:, irlila (7fiyrl RArctile..l"AieS Yc:Jea. �,`!4 rje'L ly Ic + '� i j• . 1."^ 5} c oi3(0; _ 1� in i d6:I �� f iiCG�f + N�a►�i- I�clo Or'd� Aot 1-1.\3 , (.,6 1 de and, .. 2) ..On the ! 4h day of �ril , 1997, I.personally posted the property identified as District 1000, Section 44 , Block 1 Lot by placing-. the Town's. official poster ten ('10) feet, or closer, 'from. the property line. facing the street (or facing the right-of-way)", and that I. have checked -to '.be sure the poster.. has 'retnalned in place for Seven full days prior to the date of the public: hearing. (date of. hearing: noted thereon -to be held April. 1997)." Sworix to before me ties (signature)"' Z3 , day : of Apr';1 .1.907. `� S/��. : CA R D1 X11\ 1. r �-Pu:bl�ltc- Joanne rallan Notary Public. Suffolk Nota, NY #DIFA4991777 Commission Exp.. V0N . (Plea®a ra.turn to .the office of the Board of Appeals when completed. Thank you.) 0 APR --2'3-97 1.2:19 .PM CARDINALE 1. 516 722 4.877 P. 83 r_ 1,36 197 mel, ep►tified M:iit hh A.�7 ... tin h/vrtrnllrn f!rwra•,u,•, f'r•.,•�.4a1. rl@CEl1�)t.for .rill lln Ilnl I :O (,IF lfled 'M (':�y, flr yr+i^r•I x.11` Nn I'm":,nr n r, aft Dn 1 L M ' /7Q�4L y®q 1'•.�14,iI �G. J1.4.Lt/1�OCi p (Sr,� Rnln,r,n,lr'.Illinrl�nfir .rel, f/ d '•t� Ct' 41 ;?;"l�'(cu►hats� . �� ..�.j�36!tler leiQn IL F. Ilse . • n�.! A,Ird..� . on' • n:,�: � r is Wfo '• In alk of IInP' . f5 �• •'',n,r'I n• Itq,r 'r` a-6�VN 3 ,Z. 1,36 .1,9 11x:5 Z L36 L97 f7al] noceiht for . Certified Mail Ileceipt for Na Illauranrr.f:nvnr�ry.r./'ulvlrlr d Certified Mail On licit 11RO.1nr lnlnrnntinnil Mail. ��. Nis Insurance Cpvel;rgn Pr4virinlI '�' I'"•' nt ueo'htf Internnticinal Mail Rnvmscl fit' n 71 '- (/ � -.3..x.0 �. _.Co�.�-,.�.,•4.. _ r '.,�.,.1 � �,� � I...... - ,^._y. '.I r, rrn, '•I 11 ' � � :�_�G�,y �lRt �/ - �,A T, '/7r�3 o ' ' g �lrr�_R //34 3 tL — _— go . ILnurrl II••rvnpl $lalwuar _ _ r.._ • , I•. � y,t ,• �__— � � .' "'''•yr•• r,: R r,,rh• :,�. •111: •I ' • 'nl n�•r.l.+a,r f 9 h.,r,. ,,�nl.nro,•• . rti� ;nil ' Ilnni l : APPEALS BOARD MEMBERS :. Gerard R Goehringer, Chairman Serge Doyen James Dinizio, Jr. Reber � . Lydia A. Tortora -raK-7�. Dear -�M . o��gyFFO(,�co co Z BOARD OF APPEALS TOWN OF SOUTHOLD April 14, 1997 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 A new legal notice has been prepared as a replacement of the previous notice due to a defect when the April 10, 1997 notice was not published by the town's official newspaper as requested. The April 24th hearing will,* as a matter of procedure, be opened and the statements and documentation submitted into the April 10th record will be confirmed for placement into the April 24th record. Then the same procedure will follow as was conducted on April 10th. Please note that your attendance is not required (you may attend if you are interested) . Also enclosed is a new sign to be placed at the subject property not later than Friday, April 18th. (If it is a hardship for you to have the sign placed by Friday, please let us know immediately and we will try to assist you.) Please return the enclosed Affidavit of Posting and Mailing for the permanent record with mail receipts attached. (When all the green signature cards are received, please also return them to us for the permanent file.) The hearing will, as a matter of procedure, be opened, the statements and documentation submitted into the April 10th record will be confirmed for placement into the April 24th record, and the same procedure will follow as was conducted on April 10th. Your attendance is not required, but you may attend if you are interested. Please call our office if you have any questions. Enclosures Very truly yours, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalskir DEPARTMENT OF PLANNING Town of Southold Zoning Board of Appeals COUNTY OF SUFFOLK ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE May 2, 1997 MAY , 61997; (!Vs 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. Applicant(s) Municipal File Number(s) -/Kourkoumelis, Tomis 4464 Walker, Peter 4466 Daly, Matthew & Laurie 4468 Very truly yours, Stephen M. Jones Director of Planning S/s Gerald G. Newman Chief Planner GGN:cc C:\WPWIN60\WPDOCS\ZON ING\WORKING\LDSWAY\SD4464.MAY 220 RABRO DRIVE 0 P.O. BOX 6100 ■ HAUPPAUGE, LONG ISLAND, NY 11788-0099 ■ (516) 853-5190 ■ FAX (516) 853-4044 APPEALS BOARD MEMBERS 'rti O G Gerard P. Goehringer, Chairman r 1 Serge Doyen„ �. James Dinizio, Jr. Lydia A. Tortora ✓ Maureen C. Osterman BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Pursuant to Article = of the Suffolk County AdnL istrative Code, The Board of Appeals of the Town of Southold, New York, hereby refers the follcwing to the Suffolk County Planning Cc=ssion: XX Variance from the Zoning Code, Article XXIV , Section 100=239.4 Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit Appeal No: 4464 Applicant: Tomis Kourkoumelis . Location of Affected Land: 54775 CR 48, Greenport, NY County Tax Map Item No.: 10 00 - 44-1-2 Within 500 feet of: Town or Village Boundary Line XX 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 �.omments: Applicant is requesting permission.to locate swimmingpool with fence enclosure within 100' from top of bank or bluff along Lona Island Sound -, 77- of Town file and related documents enclosed for your review Dated: ................................................................... •••• TRANSMISSION RESULT REPORT --- ........... (APR 14 '97 11:48AM)*............. SO.,-�JLD TOWN HALL 516 765 1823 ................................................................................................................................................................................. ( AUTO) ................. DATE START REMOTE TERMINAL TIME RE- MODE TOTAL PERSONAL LABEL FILE TIME IDENTIFICATION SULTS PAGES NO. APR 14 11:46AM SUFFOLK TIMES 01'49" OK ES 05 011 ...........................................................................................................................................................6......................•.............1................ E)ECM >)REDUCTION D)DEANADLRD F)FINE M)MEMORY C)CONFIDENTIAL *)BATCH $)TRANSFER P)POLLING APPEALS BOARD MEMBERS Gerard P. Goeh7inger, Chairman Serge Doyen James Dinizio, Jr. Lydia A. Tortola Maureen C. os ermann FACSIMILE TRANSMISSION BOARD OF APPEALS TOWN OF SOUTHOLD April 14, 1997 TO: Suffolk Times, Inc. ATTN: KAREN LOPER Re: Legal Notice for Publication April 17, 1997 Please publish the attached additional Legal Notice for publication in the April 17, 1997 issue of the Suffolk Times. Please send a receipt of this document by return fax to the Board of Appeals at 765-1823. After publication, please forward one (1) Affidavit of Publication to our office together with your voucher for payment. Thank you. Yours very truly, 17)f, Linda Kowalski Attachment: Four-page Legal Notice ( Hearing Date: 4/24) Southold Town Hall 53095 Main Road P.O. Box 1179 z Southold, New York 11971 �,® �� 4, ® Fax (516) 765-1823 p Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD April 14, 1997 TO: Suffolk Times, Inc. ATTN: KAREN LOPER Re: Legal Notice for Publication April 17, 1997 Please publish the attached additional Legal Notice for publication in the April 17, 1997 issue of the Suffolk Times. Please send a receipt of this document by return fax to the Board of Appeals at 765-1823. After publication, please forward one (1) Affidavit of Publication to our office together with your voucher for payment. Thank you. Yours very truly, 17)f, Linda Kowalski Attachment: Four-page Legal Notice ( Hearing Date: 4/24) NOTICE' -OF HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, .New York, concerning this property. OWNER(S) OF RECORD: 7—omls A6a'&K0alIEZIS DATE OF PUBLIC HEARING: A*irso )0P0 mt� / 9 f 7 If you have an interest in this project, you are invited to view the Town file(s) which are available for inspection prior to the day of the hearing during normal business days between the hours of 8 a.m. and BOARD OF APPEALS •TOWN OF SOUTHOLD 9 (516) 765-1809 VAS. �•vc.C- %o L ,Lo�Aia�v 30&AI-b 3&'rb A C e< ,i uP�P o Lis© -74b -Crnti if S" I I ll III Jf March 5, 1997 Members, Zoning Board of Appeals Attn: Ms. Linda Kowalski Southold Town Zoning Board of Appeals 53095 Main Road Southold NY 11971 ,T � 6 9461 ✓441?1 A9ad -0 0- -qox 202 /dear �on� 1047--90-91 (6>6J 722- 4744 Taw (616) 722- 077 Re: Application of Tomis and Kathy Kourkoumelis Dear Members of the Board I represent the applicant re the above. On February 24, 1997 application to the Z.B.A. together with the required check in the amount of $400 and other required supporting documents and evidence of certified mailings were delivered to the Board of Appeals re the above. Subsequently on 2/26/97 I was advised that the Board had declined to authorize the required advertising to place this matter on the 3/13 calendar as had been anticipated by the applicant since it had some concern about the sufficiency of the submitted surveys. The instructions for variance applications request "an original and six prints of survey or other similar map to scale..." I forward herewith original and six copies of "map to scale" of the property area pertinent to the application. I request that the Board accept this scaled map as sufficient pursuant to the above. It should be noted by the Board that this soundfront property is quite unusual since it is fully bulkheaded with terraced bulkheading. As -per the_ -scaled map the -difference in el.evat.i:on--:from -beach to house level is only 11 jfeet.. The surveys submitted with the application were done by Otto Van Tuyl (who as you know recently died) and were updated on 12/23/96 as clearly indicated on the survey. (Apparently the Board failed to note this update.) All existing structures are shown on the survey. Since no licensed surveyor is available to continue Mr. Van Tuyl's practice, if the Board were to require an additional survey to supplement the surveys updated to 12/23/96 and the scaled mapSsubmitted, the cost of same to the applicant as quoted by Joseph Ingegno Surveyor would be $1175 (in addition to application fee of $400, certified mailing fees of $20 and legal fees). s Furthermore it is submitted that such survey would be duplicative of the information already available to the Board from existing surveys, scaled map and site inspection (especially since the proposed pool would be at existing grade without any raised patio surrounding, without any retaining walls, without any steps, without any sound bluff in front of it and landward of a double duty terraced bulkhead(less than 11 feet in total height)in place undisturbed since 1954). I respectfully request therefore that the Board accept as sufficient the updated surveys and scaled maps as submitted and authorize the required advertisement so as to permit this application to appear on the 4/10 calendar. I would appreciate prompt response as to the Board's decision as it is critical to the applicant that this matter appear on the Board calendar not later than 4/10/97. Thank you for your anticipated consideration in this matter. Sincerely, PHILIP J. ARDINALE enc -�6 - 7 Rt ; /�ouR,KouNELis vARiAivcE VPLICATioA/ a A16- -T 51 -^AV Saco Al/b RE ; ffaua�,�C®c�/�t��iS vogei,g.,vCE s4"OPAICH7iOW APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen James Dinizio, Jr. Robert A. Villa Lydia A. Tortora Dear BOARD OF APPEALS TOWN OF SOUTHOLD March 18, 1997 Re: Recent Zoning Application Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 This letter will confirm that a public hearing has been authorized by resolution of the Board of Appeals, provided in the attached Legal Notice. 1) *Please send the following documents by certified mail, return receipt (green cards) requested, to each of the surrounding landowners at the addresses shown on the current tax assessment rolls. After the green cards for the "return receipts" have been received by you, please ,send them to us for the permanent record. a. a copy of the attached Legal Notice (or similar notice of the time, date, place and nature of the public hearing) ; b.. a copy of the map showing the location of the property and location of proposed construction, and copy of drawing sketch showing height, entrance, and general -information. 2) Please place the enclosed Poster sign on a post, stake, or fence not more than 10 feet from the property line facing the street. The sign must be displayed for seven days immediately preceding the date of the public hearing. Placement of the sign must be verified and included in the enclosed Affidavit. 3) Please return to our office the enclosed Affidavit of Mailing and Posting, with copies of the above documents (a) and (b) and postmarked certified mail receipts (stapled, to the Affidavit) . Should you choose to send the Neighbor Notice Form instead, please remember to give notice of the ate, , time and place of the public hearing on a cover letter, or on that neighbor notice form. Upon receipt, we will transmit the legal notice to the official newspaper office for publication in the next issue _ The Board Members will be arranging to view your neighborhood (and view the staked area of the new construction (if any)) . Please call Page 2 - March 18, 1997 Re: Notice Requirements Recent Zoning Application us if we may be of help with any questions, or if the hearing date is not convenient for you. Very truly yours, 4dna- Kowalski MaryAnn Cybulsld Enclosures Noreen Frey BOARD OF APPEALS : TOWN OF SOUTHOLD -----------------------------------x In the Matter of the Application of (Name of Applicants) ------------------------------------x AFFIDAVIT OF MAILING AND POSTING COUNTY OF SUFFOLK) STA'T'E OF NEW YORK) 1.1 , residing at New York, being duly sworn, depose and say that: 1) On the day of , 1996, I personally mailed a true copy of the attached Notice, addressed to each of the above named persons at the addresses set opposite their respective names, that the addresses listed above are those shown on the current assessment rolls of the Town of Southold; that said Notices were mailed at the United States Post Office to each of said persons by certified mail, return receipt requested; and 2) On the day of , 19 I personally posted the property identified as District 1000, Section , Block , Lot , by placing the Town's official poster ten (10) feet, or closer, from the property line facing the street (or facing the right-of-way) , and that I have checked to be sure the poster has remained in place for seven full days prior to the date of the public hearing (date of hearing noted thereon to be held , 199_.) Dated: , 199_. ( signature ) Sworn to before me this day of , 199_ Notary Public 1. Mailed specinc parcal(s), notice shall be provided pursuant to Chapter 58. II. Chapter 58 is hereby added to the Town Code of the Town or Southold as follows: Chapter 58 NOTICE OF PUBLIC HE,\RINGS 1. 58-1. Providing Notice of Public Hearings. Whenever the Cade calls for a public hearing; this sactian shall apply. Upon determining that an appiica- don is complete, the board or commission reviewing the same shall ax a (If zddidanai space p is needed, attach gagthe soma size as this shecz, and nue i3L each-) COS -139 (Rev. ;.9I) t} I time and place for a public hearing thereon. The board or commission reviewing an application shall provide for the giving of notice: A- 8t' causing a notice giving the time, date, place and nature of the - - hearing to be published in the ortcial newspaper within the period prescribed by law. { o. BY requiring the applicant to erect the sign provided by the Town, which shall be prominently displayed an the premises facing sack public ar 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 plata of the public hearing thereon. The sign shall be set back not mare than ten (10) feet from the prop- erty line. The sign shall be displayed for a period of not less than seven (7) days immediately preceding the date of the public hearing. T ne aoolicant or hisiher agent shall ale an affidavit that sihe has complied with this provision. C. ?y requiring the applicant to send notice to the owners of record of avert' property which scuts, ana =very property which is ac; oss from any public or private street fram he prapeny included in the applica- tion. Such notice shall be made by certified mail, return recaiot re- q.uested. pasted at least seven (7) days .prior to the date of the initial Public hearing an the application, and addressed to the owners at the addresses listed for them an the local assessment roll. The applicant cr agent shall rile an atficavii that s,he has complied with this Provision. NOTICE OF HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York, concerning this property. OWNER(S) OF RECORD: r3KkS k 6LL kOU M E -L I DATE OF PUBLIC HEARING: �n'4SP.m. Thurs.� f}PK�C 10, 1(717 If you have an interest in this project, you are invited to view the Town file(s) which are available for inspection prior to the day of the hearing during normal business days between the hours of 8 a.m. and BOARD OF APPEALS •TOWN OF SOUTHOLD (516) 765-1809 -Poop LOCar6 6 9 Ls. SbMb � Prepared -3/18 LEGAL NOTICE NOTICE ' IS -HEREBY GIVEN; pursuant to Section 267 of the Town Law ' and the Code of the ' Town of Southold, the following applications will be held for public hearings by the, SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall,. 53095 Main Road, Southold, New York 11971, on THURSDAY, -APRIL 10;- 1997 at the times noted, below (or as soon thereafter as possible) : 6:45 p . m. Appl. No. 4464' - TOMIS AND KATHY KOURKOUMELIS . Request for a Variance under Article XXIV, Section 100-239.4, based upon the January 31, 1997 Action of Disapproval issued by the Building Inspector, for permission to locate swimmingpool with_ fence enclosure set back at less than the required 100 ft. setback from the top of the bank or bluff along the Long Island Sound. Location of Property: 54775 C.R. 48, Greenport; Parcel No. 1000-44-1-2. 6:55 p.m. Appl. #4463 - L. SUTER d/b/a BLUEWATER SEAFOOD. This is a Request for: (a) Variance relief based upon the January 6, 1997 Action of Disapproval issued by the Building Inspector, which states that a "permit to construct metal frame with canvass roof (addition) to existing retail fish market .is disapproved on the following grounds: Under Article XXIV, Section 100-244B, proposed addition to existing retail fish market with accessory seasonal single service utensil seating, proposed construction is on a nonconforming lot located in the B General Business District, has insufficient side yard of ... less than the required 10 feet. Action required by the Zoning Board; action also required , by the Planning Board..."; and (b) Variance relief under Article XIX, Sections 100-191(F ,and H) for permission to utilize additional accessory open parking spaces upon adjoining property now or formerly of Bagshaw ; identified- as Parcel 1000-122-3-6, within 200 ft. walking distance of the . subject lot of Suter identified as Parcel 1000-122-3-7, and which spaces are available to serve jointly two or more establishments, as provided by Subsection F. Location of Property: 11400 and 11500 Route 25 , Mattituck, NY. . 7 :10 p . m . Appl. 144410 - SACKS and SCHLESINGER . Attorney's office called - alternative map will not be forthcoming, and requests that the Board adopt resolution calendaring for April 10, 1997 for final hearing. 7:15 p.m. , Arness (Wilson of Environment East as agent). Proposed ingroundpool within 100 ft. of Long Island Sound, at ROW off Ruth Road Extension; Mattituck. 7:20 p.m. Continued from 3/13': Page 2 - Agenda Southold Town Board of Appeals Regular Meeting of April 10, 1997 Appl. Nos. 4429SE and 4430, by LILCO, as Contract Vendee. Both applications apply to -premises referred to as 8550 (vacant land) Main Road, Mattituck (near Laurel) , identified as 10007122-7-6.6, further identified as Lot #2 consisting of 35,798 sf. . as shown on the Subdivision of , Map of "Frank Murphy Garden Center" approved by- the Southold Town Planning Board 4/12/1982. Applicant, as contract vendee, is requesting: (a) Appl. No. 4429SE - Special Exception for Use .of, Vacant Land as shown on plot plan for a compressor station building with fence enclosure in this "B" General ' Business District. (b) Appl. No. 4430 - Variance under Article XXIII, Section. 100-231-A for permission to construct fence enclosure, which. exceeds maximum fence height restriction of 6 feet when located in the. front yard, and which exceeds 6-1/2 feet in or along side and rear, yards. �^ r �.n oc � APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Serge Doyen James Dinizio, Jr. Robert A. Villa Lydia A. Tortora Philip C. Cardinale, Esq. P.O. Box 2021 Jamesport, NY 11947 BOARD OF APPEALS TOWN OF SOUTHOLD March 4, 1997 Re: Submission of Application (Kourkoumelis) Dear Mr. Cardinale: Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 This letter will confirm that the following resolution (3-1) was adopted by the Board of Appeals at its public meeting of Febru- ary 25, 1997: RESOLVED, to deem the application of TOMIS KOURKOUMELIS incomplete and that the same shall be held in abeyance, without authority to advertise the. public hearing for March 13, 1997 (as tentatively calendared by the office staff) , pending receipt of the following: Seven (7) original prints of an updated survey map to show: a. current elevation line and top- of bluff as exists (instead of 1953 survey) , b. all setbacks of proposed pool: to coastal erosion ` hazard line, to top of bluff, to bottom of bluff, to closest bulkhead structure if different than bottom of bluff, to 1997 ordinary high water mark; C. elevation of pool above natural grade, and elevation of any proposed brick patio or raised patios, as well as landscaped area to include any possible retaining wall and proposed steps between house and new construction area (if any) . d. proposed location of four -ft. high fence enclosure around pool with confirmed setbacks to all property lines. e. changes to property since 1953 survey to bring site Page 2 - Appl. 446 Re: Tomis Kourkoumelis Southold Town Board of Appeals and building data up-to-date (such as additions, new structures, if any since 1953) . Thank you. Yours very truly, BOARD OFAP EAL By: GERARD P. GOEHRIN ER lk CHAIRMAN Fax Transmission to 722-4877�� and Regular Mail New Files. zb / Kourk ......{ _ , , "' "" ......CHAR 0697 39AM) ..................................." .•.............TRANSMISSION RESULT RERORT .j SQl 'LD TOWN HALL-516'765 1823 t., r. fi -. ..•.•.......................:.................................................. ( AUTO) ...................... DATE. START. REMOTE TERMINAL TIME '' FSE—';C :" MODE' '; .TOTAL PERSONAL -LABEL FILE TIME IDENTIFICATION, SULTS_- "'.fj. '''PAGES N0. MAR 06 10::38AM .516 722. 4877 t�1OK'.17'z'�a,:,02 . i; 008 ' ♦••••••.....••••••....•••••••.....•.•••••.....••.•.••...•••.••..•.••.•.•••...••...•...••...•••.••••....i.,•••.•....••••.•••..•••.••..........••..•••••..••.••••••...•••••.....••••..••••.•••.......••••.............•••a E) ECM 7) REDUCTI ON S) STANDARD i M) MEMORY: _ C,)CONFIDENTIAL #BATCH D)DETAIL -$).TRANSFER F)FINE . }' `Pl'POLLING li BOARD OF APPEALS:TOWN OF SOUTHOLD -----------------------------------x the Matter of the Application 'T -o m i S - 0<CL+Iv � Cxr kD IA y>1P�1 i5 (Name of Applicants) COUNTY OF SUFFOLK) STATE OF NEW YORK) New York, being duly sworn, depose and say that: 1) On the � � day of ftl eLrck, Igg7, I personally mailed a true copy of the attached Notice, addressed to each of the above named persons at the addresses set opposite their respective names, that the addresses listed above are .those shown on the current assessment rolls of the Town of Southold; that said Notices were mailed at the United States Post Office to each of said persons by certified mailreturn receipt requested; and lcy z�b�r uoi1'(, c-�y o� moi 5ho v;ny Joe 6jton of roPer,+-y and copj >�Ce+Cv, 66—ZOIg hey h+, nce and gened�l inf C!26 f,Jn . 2) On the �� day of 1� y�{Lcu} , 19q-1 , I personally posted the property identified as District 1000, Section 4H , Block I , Lot Z by placing the Town's official poster ten (10) feet, or closer, from the property line facing the street (or facing the right-of-way) , and that I have checked to be sure the poster has remained in place for seven full days prior to the date of the public hearing ( date of hearing noted thereon to be held NlQ cA 10 , 199 1.) Dated: A �r'�1 \0 , 199 1. Sworn to before Mme this today of �r A , 199 . Nota Public U Joanne Fagan Notary Public, Suffolk County, NY #01 FA4991777 Commission Exp. 2-10-9$ 1. Mailed Q�,�1�� �• CQrd�r`�,12 FIs -your RETURN ADDRESS completed on the reverse side? Ibverse side? -v O.(CA a, cn S W u'<SyD��oom a. o ..� a . .Cb Dc- -vC-) nm; D ..�.. Mei l'q Pag1 cc �a D'm�m o� 33v a ? as S '� m 33Z ° a y W C�_7 y' + + _ C a N O fD N m ° w °' a O N N rn y m m m �.J {.j/ ' c - - 3 3 3 IIn15 eoliDU bu)sr - ° 3 3 3 'UDISIADJC - n a �r nD W n �r� fD o 3< m w o ° ° m g 3< m w o DI ? ue 91Y Pus luabe JD oN O O. m �. ` ° C' ° S ` ; a way J�! Palsy sassaJPDe _ r •v (D us uopeo11dde ue i fA CD 1 'j Q V y O a 0 n N O. a O a +� odea uD /,.. I-ia DUUeaU �.... __. �..�__. I {C, J ®p 1. 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(asiana>j aaS) I1eA leu01Ieuiajul jo} asn IOU oa pgp!AO1d a6e10AO0 aOue"nsul ON I!ew p91111Jao QON Pue laailc -� -J �sv of luac (aSJaAGH aaS) lleW leuolxewawl jo} aSn IOU O(] s3,ris a3iwn PaPlnoJd 86eJan03 aoueunsul ON PUY p81}pJG3 Jol jdiaoajj 99E EWh TTO Z i of 1 (asiaAOU aaS) —N33Ma �o asn 1°U od 05 to1. euollewaiul b l000 paptnOid a6eiano0 aoue,nsul ON Z9E EQ?hZT Z (asIanay aaS) l!eW leuol}eujawl jo; asn Xou oQ s3—"""3S"' saaau- nn PaPlnOJd 96eJOA00 aoueinsul ON Hew pal IJ83 Jo} jdi939H h9E EQh TO Z «prepared 3/18 LEGAL NOTICE NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following applications will be held for public hearings by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, APRIL 10, 1997 at the times noted below (or as soon thereafter as -possible): 6.45 p.m. Appl. No. 4464 - TOMIS AND KATHY KOURKOUMELIS. -Request for a Variance under Article XXIV, Section 100-239.4, based upon the January, 31, 1997 Action of Disapproval issued by the Building Inspector, for permission to locate swimmingpool with fence enclosure set back at less than the required 100 ft. setback from the top of the bank or bluff along the Long Island Sound. Location of Property: 54775 C.R. 48, Greenport; Parcel No. 1000-44-1-2. 6:55 p.m. Appl. #4463 - L. SUTER d/b/a BLUE -WATER SEAFOOD.. This is a Request for: (a)_ Variance relief based upon the January 6, 1997 Action of Disapproval issued by the Building Inspector, which states that a "permit to construct metal frame with canvass roof (addition) to existing retail fish market .is disapproved on the following grounds: Under Article XXIV , Section 100-244B, proposed addition to existing retail fish market with accessory seasonal single service utensil seating, proposed construction is on a nonconforming lot located in the B General Business District, has insufficient side yard of less than the required 10 feet. Action required by the Zoning Board; action also required by the Planning Board..."; and (b) Variance relief under Article XIX, Sections 100-191(F and H) : for permission to utilize additional accessory open parking spaces upon adjoining property now or formerly of Bagshaw identified as Parcel 1000-122-3-6, within 200 ft. walking distance 'of the subject lot of Suter identified as Parcel 1000-122-3-7, and which spaces are available to serve jointly two or more establishments, as provided by Subsection F. Location of Property: 11400 and 11500 Route 25, Mattituck, NY. 7:10 p.m. Appl. #4410 - SACKS and SCHLESINGER. Attorney's office called - alternative map will not be forthcoming, and requests .that the Board adopt resolution calendaring for April 10, 1997 for final hearing. 7:15 p.m. Arness (Wilson of Environment East as agent). Proposed ingroundpool within 100 ft. of Long Island. Sound, at ROW off Ruth Road Extension, Mattituck. 7:20 p.m. Continued from 3/13: Appl. Nos. 4429SE and 4430, by LILCO, as - applications apply .to premises referred to as Road, Mattituck t (near Laurel), identified as identified as Lot #2 consisting of 35;798 sf. . as of Map of "Frank Murphy Garden Center" a Town Planning Board 4/1211982,:, ; . Applicant, I equesting! Contract Vendee.' Both 8550 (vacant land) Main 1000-122-7-6.6, further shown on the Subdivision ►proved by the Southold as contract vendee, is (a) Appl. No. 4429SE - Special Exception for Use of Vacant Land as shown on plot plan for a compressor station building with fence enclosure in this "B" General Business District. (b) Appl. No: 4430 - iritinc� under Article XXIII, . Section 100-231-A for permission to enfistruct .fence enclosure, which exeeeds maximuffi fence height restriction of .6 ' feet when located in the ffbnt yards tend which exceeds 6-1 / 2 febt ,in or. slung side and tear yards. rte. x cy ,A 6) 01 , VTO !l •, � '..'+�� ,� ._'T'r1.M:__KQliRl4'OiJ(v) EJ..(.S : _ :. K - - f7 AAA got TOW V. J1. j. Nov., 1141i.d. .1014 j17 ti§ At N't P . 7 1Aiii. lit A 44'. tot t M IDA, AS Wye Sq. 'a ty! gm I L +P O_. J: C3ooddlea",iil�ea it, kH: 3UCsd1k A *A ilk ,L o i✓G Sau,vb ---------- 1 1 r - I a i i I 1 11�/�kliead [3u1khead. r - r � 1 � 1 � h• 17� plZoPOSED Poor- 3b to De(k RF, i(vu"OU,4JEA.Is VARIRivcF APPI-109-TiaA/ ,X�j �r IJ NYU Medical Center Department of Neurosurgery 550 First Avenue, New York, NY 10016 Cable Address: NYUMEDIC Paul R. Cooper, M.D. Professor of Neurosurgery (212)263-6514 Fax: (212) 263-8225 December 12, 1994 Andreas Iveophytides, M.D. 650 First Avenue New York, NY 10016 Dear Andy: I saw your patient, Kathy Kourkoumelis, in consultation on December 8, 1994. This 32 year old woman was in her usual good state of health until approximately two years ago when she was -'involved in a motor vehicle accident. Since that time she noted both back and right leg pain which is increased with walking and also with sitting. She became gradually worse and indeed noted that her entire foot was numb although it mostly affected her.second toe. However, she decreased her activities in September of this year and her discomfort'. is now tolerable and it is really more numbness than pain. Straight leg raising does not produce radicular pain. There is no motor or sensory deficit. An MRI discloses a small lateral herniated disc at L5-S1 on the right. There is also a spondylolysis of L5 with a grade T_ L5-S1 spandylol i sthes s Although this patient does have imaging findings consistent with spondylolisthesis and a small herniated disc. Her symptoms have improved since September and they are not -unbearable at this time. Moreover, she has no.objective deficit. She was quite concerned that she would be left with permanent deficit if she did not receive operative 6' treatment. When I reassured her that not operating on her at this time was unlikely to lead to permanent motor r� deficit she was quite content not to'have operation. I have told her that I will be happy to follow her. fes' Sincerely yours,' 6CQ..g1�. Paul R. Cooper, M.D. `- C K k SPINAL SURGERY ac -T -ox Ce �RT,�•,! / 6 ) FRANK P. CAMMISA, JR., M.D., F.A.C.S. THE HOSPITAL Fok SPECIA{. SURGERY EAST RTNER PROFESSIONAL BUTMING 523 EAST 72ND STREET NEW YoHx, NY 10021 Telephone: 212/606-1946 Ficsilnilc: 212/472-1486 OFFICE RECORD PATIENT NAME: Kathy Kourkoumelis CHART/HSS /t: 012795/NA HOME TEI.:718 204 1867 AGE. 34 OF110E TEi.: " 718 728 3248 RF.r'n BY: Re: Kathy Kourkoumelis / Frank P. Cammisa, Jr., M.D. INITIAL OFFICE CONSULTATION, 10/21/96: History of Present Illness: Ms. Kourkoumelis is a 34 -year-old female with complaints of chronic lower back pain with radiation into the right leg of at least 4 years duration. The pain radiates into .the right LS nerve root distribution. She does have paresthesias which radiate into the second toe. She was involved in a motor vehicle accident 4 years ago when she drove into a tree. She had right foot surgery because they thought that it was related to her foot; however, a spondylolysis and spondylolisthesis was subsequently noted. She has been in Greece over most of the last 4 years. She has not had any recent physical therapy. She has not had oral or epidural steroids. She ranks her back and right leg pain as 5 to 6 on a scale of 10; however, if she does any vigorous activities, her back pain will be 9.5 -and if she walks long distances her leg pain becomes a 10. She feels that the situation is constant and worsening. She feels that there is weakness of the right leg. She has difficulty sitting, driving and walking. The pain is worse at the end of the day and worse with change in position. Two years ago she had seen Dr. Neoplutetes who thought that surgery was indicated. She saw Dr. Paul Cooper who felt that she should' wait. Over the last 6 months she feels that her back pain has worsened. She feels that her lower back pain is constant and that the right leg is more bothersome when walking. She denies any difficulty with bowel/bladder control. Coughing and sneezing do not worsen her complaints. She has no night pain. She was never told of a spondylolysis or spondylolisthesis earlier in her life (prior to 1993). She does not recall having back pain as a teenager. She has used Ibuprofen and Tylenol with codeine. She did have an EMG which she reports showed right LS radicular changes in 1994. She presents for spinal surgical consultation, Past Medical History: 1.) Early peptic ulcer disease; on Prevacid. Drug allergies: None. (y:'\WPD0CB\CHARTS\9S\01279S.CHT 11/07/96 I OSpm APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen James Dinizio, Jr. Robert A. Villa Lydia A. Tortora Dear Applicant: o�oSUFFoc,��oG o� y1 y 2 o4- BOARD OF APPEALS TOWN OF SOUTHOLD February 25, 1997 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 7654809 Please find enclosed a copy of the Legal No confirming a date of March 13, 1997 for the public hearing on your Application. This notice will be published by our office in the upcoppn g issue of the Suffolk Times. Also: 1. Enclosed is a sign which must be front property line (facing the traveled ro the sign has remained in place at lea.- Affidavit eaAffidavit should be signed before a not office before March 11, 1997, together certified mail noted in the next para grz h. remain in place longer, which is always pre 2. At this time, please hearing date noted thereon, or certified mail, return receipt r owners. The Affidavit of Mail mail receipts postmarked), mus-, week. Please do not wait for and returned. The green s' the day of the hearing when y u fisted within 10 feet from the [way or town street) . After seven days, the enclosed public, and returned to our the Affidavit of Mailing by (Please note: The sign may ered.) ;end a notice with the March 13, 1997 L c py of the enclosed Legal Notice, by . ested, . to the surrounding property 'th proof of mailing (white certified be returned to us within the next the green signature cards to be signed . re cards may be returned separately on receive them. Please feel free to sto by, or call us, during the last few days .of processing to review any dates, communications, or handwritten notes added to the file by indivi ual board members. Very truly yours, Linda Kowalski Enclosures MaryAnn Cybulski P. S. For your c nvenience, we enclose another copy of the "standards". of law to be ad ssed at the hearing, or in writing beforehand. Please note that diffe ent standards of law apply in different applications, i.e. "area standards under New York Town Law" apply to most variance applications, " aiver standards under 100-26" apply to merged lots as Page 2 - February 1997 To: Applicant Re: Required Notices for Hearing per 100-25 (different than area standards) . "Land use standards of Town Law" apply to use variances. If you are requesting a "Special Exception" Permit, standards would apply under Town Law and in the Zoning Code, Sections 100-263 thru 100-265. ( Copies were previously furnished ' with the instruction packet and blank forms . ) Page a ire Hearings to ae— from the water are ' determined by Town Trustees and NYS DEC, when no bulkhead or wall exists.) 1 6:53 p.m. Appl. No. 4464 - TOMIS AND KATHY KOURKOUMELIS. Request for a Variance under Article XXIV, Section 100-239.4, based upon the January 31, 1997 Action of Disapproval issued by the Building Inspector, for permission to locate swimmingpool with fence enclosure with setback at less than the required 100 ft. setback from the top of the bank or bluff along the Long Island Sound. Location of Property: 54775 C.R , 48, Greenport, NY; County Parcel No. 1000-44-1-2. 7:00 p.m. Appl . No. 4453 - EDWARD AND EVELYN HALPERT . (Continued from 2/6/97) . Request for Variance to alter and/or expand nonconforming building which has contained a nonconforming guest or living unit, separate and accessory to the main dwelling. Location of Property: 2125 Town Harbor Lane, Southold, NY; County Parcel #1000-66-1-31. Zone: R-40 Residential. Property size: 1.45+- acres. 7:10 p.m. Appl. No. 4429SE and 4430, by LILCO, as Contract Vendee. These applications apply to premises referred to as 8550 (vacant land) Main Road, Mattituck (near Laurel) , identified as 1000-122-7-6.6, further identified as Lot #2 consisting of 35,798 sf. . as shown on the Subdivision of Map of "Frank Murphy Garden Center" approved by the Southold Town Planning Board 4/12/1982. Applicant, as contract vendee, is requesting: (a) . Appl. No. 4429SE - Special Exception for Use of Vacant Land as shown on plot plan for a compressor station building with fence enclosure in this "B" General Business District. (b) Appl. No. 4430 - Variance under Article XXIII, Section 100-231-A for permission to construct fence enclosure, which exceeds APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Serge Doyen James Dinizio, Jr. Robert A. Villa Lydia A. Tortora 1G co 2 BOARD OF APPEALS TOWN OF SOUTHOLD S.E.Q.R.A. TYPE iI ACTION DECLARATION Appeal No. 4464 Project/Applicants : Tomis and Kathy Kourkoumelis County Tax Map No. 1000- 44-1-2 Location of Project: 54775 C.R. 48 , Greenport, NY Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 April 10, 1997 Relief Requested/Jurisdiction Before This Board in this Project: Locate swimmingpool with fence enclosure within 100 feet from top of bank or bluff along Long Island Sound This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted; however, Section 617.13 of 6 NYCRR Part 616, and Section 8-0113 of the Environmental Conservation Law; this variance application falls under the Type II classification as established by law. Further, this Department may not be an involved agency under SEQRA (Section 617.13(a) as amended February 14, 19901.. Although this action is classified as Type II for this variance application under SEQRA {specifically 617.13, 616.3(j), and 617.2(jj)3, this determination shall have no affect upon any other agency's interest or SEQRA determination as an involved agency. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 763-1809. Original posted on Town Clerk Bulletin Board, Town Hall Copies to applicant or his agent and individual board members. Copy placed in ZBA project file for record purposes. JUDITH T. TERRY TOWN CLERK REGISTRAR OFF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: SOUTHOLD TOWN ZONING BOARD OF APPEALS FROM: JUDITH T. TERRY, SOUTHOLD TOWN CLERK RE: ZONING APPEAL NO. 4464 DATE: FEBRUARY 24, 1997 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1801 Transmitted is an application for a variance submitted by Sicilan Corner Realty Co. on behalf of TOMIS XOURKOUMELIS together with Zoning Board of Appeals Questionnaire; Notice to Adjacent Property Owners; Short Environmental Assessment Form; Notice of Disapproval from the Building Department; survey; and other relevant documents. • Judith T: 'T`ny1,R. Southold Town Clerk -4tomoa at, -raw, Y%146-% 61-141-1- frsan..✓K 6'a1whza/el Iairn� 9W 6yrc na,9— >4s> 0aad -0 6' .Bom 2021 ,Tinre bor4 1047-2021 February 21, 1997 Southold Town Zoning Board of Appeals ATT: Linda Southold Town Hall 533095 Main Road Southold, NY 11971 Re: Kourkoumelis Variance Application Dear Linda: rs> J 722- 4744 gam ("S10 722- 46'77 Enclosed herewith as discussed is check drawn to the Southold Town Clerk together with required documents regarding the above including: 1) Application with _ " . Addendums ( r*— PSI s�'O" 2) Copy of Building Permit with Notice of Disapproval; 3) Short Environmental Assessment Form; 4) ZBA Application Questionnaire; 5) Notice to Surrounding Property Owners and proof of certified mailing; 6) Original and 6 copies of survey prints; 7) Check for $400 payable to Southold Town Clerk. Upon review, should you require anything further, please phone. Thank you for your courtesy and cooperation in this matter. Sincerely, r PHILIP J. CARDINALE enc. 7 TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDIhIG ,INSPECTOR APPEAL HO, ' DATE............................... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Tomis Rourkoumelis .of S��.Z..NQ�.#?:..ROid:..�Gt1r....Rd.,. 48 ) 1, (We) .. ...............,. Name of Appellant Street and Number ..SA allpId..... ..... ..................Y REBY EA O .......................................... .,...11E APP L T •Municipality. State TIME ZONING BOARD OF APPEALS FROM TIME DECISION OF THE BUII_DII,IG I.NSPFCTOR OC•I DATED 12/23/96 APPLICATIONFOR PERMIT NO . .................................... ................... ............................... WHEREBY THE BUILDING INSPECTOR DEI`IIED TO X51A+ 414 I o.,is 04 Tomis Rourkoumelis by John Wysoczanski, Contractor Nome of. Applicant.for permit of 54775 North Road, Southold NY ................................................................. Street andNumber MunicipalityState ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY 54775:: North Road, Southold NY Street /Ilainlet..�.. Use.District �on� Zoning Map District 1000 Section44 Block 1 Lot ? ..........�, Current Owner Tomis Rourkoumelis .._...........__......................_.�_....._...... Map No. ' Lot No. Prior Owner 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 XXIII Section 1007-239.4 A (1) 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate -box) ( 19 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. Lows Art. 16 Sec. 280A Subsection 3 q. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision of the Building Inspector or with respect to Ihis property. Such appeal was ( ) request for a special perrnit ( ) request for a variance andwas mode in Appeal No. ........................Dated......................N�.V....................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( 71 A Variance to the Zoning Ordinance s requested for the reason that Article XXIII §100'239.4 states: All buildings located on Lots adjacent to sounds upon which there. -exists a bluff or, bank .landward of the shore or beach shall be set back not fearer than 100 feet from the top of such bluff or bank. The proposed 161.x 36, poolrequires interpretation of ordinance and/or grant oE'variance relief. Form zD1 (Continue on other side) Continued 12EASOhI FOR APPEAL would produce practical difficulties or ioneces- Permit THE ORDII`IAt,ICE ' and non—conforming the I. STRICT AI'PLICAT1O�1 OF 15 is a pre-existing swimming pool overlooking Lot x 361 inground meet. By placing sary-IiARDSHIf because 16 not possible to x 36, an C34' application was made for requirement is to 16 The 100' -setback its size is no other practical Sound. 5. from the house and limiting There 63' to the Pool .@ e achieved• uration (width of and bulkheaded bluff can b uaiq e trees setback from ue c, dr larg side due to:�:.(1)lot well driveway, large on the south location availabledue of cesspools'_ bounty Road variance 75�) and (2,) the presence (North Road to limit the the highway everything possible open exposure to as done of lot. The applicant h amount necessary• requested to the minimal and is not shored by all properties alike in the immediate nusually lot is pre-existing flee hardship created is UNIQUEt 55 a very low bluff line 2. f ram in plac properly and in this use district because t e bulkhead which has been y;c;,,;iy Of this prap yexisting residence situateduty adverse with an heavy cause no narrow from a very round pool will protection uested ing in. the and . which enJo' p 1954. The req conditionsa licant undisturbed since or environmental effect on pp act on the physical a uniquely beneficial vehicle accident in effect or imp but will have of a serious motor v in her back. neighborhood, Kathy (as a result herniated disk alleviates his wife, Kathy- and debilitating. therapy (swimming) unab a chronic HYdro- However, she is 19 92) suffers from attached'.) her physicians. and the certification si ingress and,egress (See docotr'sain and is recommendhebproblems she must walk• the chronic p due to upon which to access the Sound beach and sandy beach area p instability of the rocky • will be produced in the observe the spirit of the Ordinance and WOULD NOT CHANGE THE an 3 nic Varionce would ertieS • Many no unde.sireable change nearby prop Cl IARACTER OF THE p1S�ICrhood nor any detriment with construction of the neighborre_existing and undersized, character this area are p uested and received similarcite of the lots in Some have req the difficulties the the 100' setback area• Finally' understanding within requested herein•ty1e neighbors' relief to that which is created and were clearly not self- nest. .herein. support of this variance req need, are supe S -PATE OF NEW YORK COU1 Il Y OF SUFFOLK day of.... <CG l�` ............................... c /.............. ss ' Signature Sworn to this ... .......... .............. ............... I•lotoryPub c li Joanne i*atsa;l fdntaty Public, SuttA County, NY #01FA42--1 1777 10'9 7 Commission Exp- = February -19 917 .................................................. BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of : TOMIS KOURKOUMELIS o the Board of Appeals of the Town of Southold TO:Karnik & Haci Garipian DonaldP Walz Virginia Ohriker Harutyun & Wunik Kuzuk oglu YOU ARE HEREBY GIVEN NOTICE: CERTIFIED MAIL RETURN RECEIPT REQUESTE� NOTICE TO PROPERTY OWNER 1. That ' ie intention of the undersigned to petition the Board of Appeals of the Town of Southold to request 207ariance Special Exception) (Special Permit) (Other). [circle choice] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: Su!Tplk County Tax Map # 1000-44-1-2 3. That the property which is the subject of such Petition is located in the following zoning district: R-40 4. That li nich Petition, the undersi tied will request the following relief: i to permit installation of a I'16' x 36' pool less than Z :PA.&-" bluff or bank l I - rig coo (4 ee& 1 3 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article I f Section 100 — 239.4- A (1) ANn /®o k 6. That —•:•r — -- -- — , _ — �--, a written Petition reques(mg lite relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (516) 745-1809. 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 newspaper 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: 2/22/97 ,Pe itioner Owners' NameTomis kourkourmelis Post Office Address C/o Philip J. Cardinale, Esa_. Attorney for Applicant, PO Box 2021 Tel . No . ames� ort. NY 11947 ( 516 ) 722-444 [Copy of sketch or plan showing proposal to be attached for convenience purposes.] PW --- k 'ROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS Z'000 1.158 929 Receipt for Certified Mail No Insurance Coverage Provided ® Do not use for International Mail LOYTFD STATES cpSTAL SEWICE (See Reverse) ISP Ito YN t-. _ .1 -PA,'State and ZIP Postage $ Certified Fee i7 ) Special Delivery Fee Restricted Delivery Fee C9 Return Receipt 5ho �y4i to Who- & Dar WN. tReturn Receip 1 �' a to Whc Date, and Ad r e's Addre TOTAL Post ,_, lis & Fees r' O OG�,o/ Postmark or Cf) v E LL0 N a STATE OF -NEW YORK ) COUNTY OF SUFFOLK) ss.: Z 000:158 928 Receipt for - Certified Maims No Insurance Coverage Provided UNITE® Do not use for International Mail P S'AL SEIIVI,;E ,C..0 Rn\/PfCP.I IF Su.san�_dardinale residingat 785 Pe conic Bay Blvd., Riverhead NY being duly sworn, deposes and says that on the _ 2 1 day of February —81.9 97 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set.opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of, the Town of Southold; that said Notices were mailed at the United States Post Of- fice at _James por' -• NY ; that said Notices were mailed to each of said persons by (certified) (r4MA4d'T%a1l.. i Susan Cardinale Sworn to before me this 21st day of February,QL/ fig 97 Notary Puc a J nneFagan Notary Public, Suffolk County, NY #01FA4991777 Commission Exp. 2-10-W (This side does not have to be completed on form transmitted to adjoining property owners.) Tie N.Y.S. cnvironmencal Qual-ci Review Acz _ quires submission of t_�-is =or and an 2nV1-O'Cf8eS1C== _0vIe5� ./111 �e-mice Ly :_s -ca_c be'�ore any action is -ken. SHORT ENVIMCMAnITAL ZSSZSSL%IMIT _'CIU4 INSTRUCTIONS: (a1 =,z orc'er to answer the questions in this short '-^ it is assumed that the oravarer will use cxr=antly available ire=crmatica ccncar :irg the project and the lisely impacts of the act' -on. it is not es=ected that additional s-zdies, _esear= or other invest_gat_ons will be undertaken. (b). If any question has been answered Yes the project may be sig- ni-"-cant and ccmuleted Environmental assessment Fors is necessary. (c) 12 all questions have been answered No it ,s likely that the project, is not signi_icanz. (d) Environmental Assessment i. Will project result in a large physical change to the project site or physically'alter more than 10 aces of land? 2. Will =here be a major change to any unique or f unusual :and fora on the site? —Yes ,I0 3. - Will project altar or :ave a large a=fact on an cst_.g body of water? _"es /Vo 4. Will project have a a_Ot`ntJally large impact on grcundwater quality? _Yes ?O project signi=_c:na. v effec- dr-._inaae flow /IT. an adjacent shoos_ _Les S. gill project ar_acz anv threate-ned or e.^.dancered /11, alar_= or animal species? Yes 7. Will project result in a major adverse effect on X. air quali y? _Les 3. will =reject :ave a major effect on visual char- acter o= the ccfunic or scan= riaws or vistas sa=wn co be ispormant a --he community? =Yes X. 9. will project adverse l v impact . any site or s � ura of aistoric, pre-nistoric, or -paleontological i.-^permanta or anv site designa-cad as a c=i cs1 anvi=r_Imenral area by a local agent: ? ='es X. 10. Will project have a major a=_act on axisting or =ec=_atienn' amoor-=hies? _Les ll. Wl__ =roject result i. major t=a=__c -prablzns or cause a major --=ac= t0 ansp_ormat=er. syszams? _''es /11. 13. Will =roiect r_qular'_y cause objectionable odors, 30ise, glare "7i r7.c-On. Or elecmri Cal dJ.S Z=r=- . ante as a zes—t OL the z=o j ecm' s ocezamio .? '!es VO l.. _ nl__=rO j ecm ..ave awl !..=ac= On e_ ubl_c ae3lt or 3dLat'l? _Yes Vo l4_ Ni__ project a='ace ..e .risti: g cemmuniti w --_--_1.! =Lush:= - grcwL ner-nanenc =Ccu'_a- �_ .. -ora :.:an 5 =ere___.. over a one- year yes Vo =ezicd _ :have _ za jcr :ecat'_ve _==ac= On _fie '- -=cc o=zze . cm:=uni-_ or neic^nor: ccd? ' - 7S =_._ . -_ =u l_C Zcrc_cversy anter :c _ne rep -cert__ f7L.UtJ0-✓L L L(7 r7 Ko++ K o o IME ,,7C W-. r'= 'SOUR Z.3_ i A- Piease disclose tte flames O= tae Owner(S) an, ar.:-v ot." e_ izc4 i vi duals ( and e=Lt=eS) -ave g a ? ntaz ez iy..: t.'he sub -4 eC = �mre_illsAs and a desc=J :t=ell Oi the—Jr inter es ts : (Semaraze si.eet 'Imav ie atzached. ) 9UWrIS k i,UV o VT _ r ^i�ses ls ma an thme real esr=_ na~s_r� -."r _ sale or ne._ng shown to mrese=_fie overs? { } Yes {C _ (T= T°S * *� i n a c� �i r- : �Z C�^I� T C ra `,..�,�i� is Or 1 e ) C _ Are--- { } Yes {o D. 1. Axe t -a e amv are=as wnic cc :t=='- werl—c g --asses? Z. ?sra t -e We tl'.- ( are:_s shown /CM rIe ma'= SU=l CCec Wl 3. Is tae .^e twee n tae wetlands are_ and the uMlaTd lruildi= are=? �S 4. If vCLL' arc-cer-'r CC.M.: _._=IlS W@L.L�GS Or 'CCP_G aZ C=S p ave YOU C^IlteCte^_ the 0i-f1Ce Ci the TOW -111 `T' ISt.=eS• ';;_:Or-iCs G'eter l�-.�L�Cil CZ jur'7sCZCZ-CrL) Cv$ -- _s there a de -cress -'ca, Or Slami=a elevataen near the a=e? OS 7rcrese- q-=s=aC=...±.c ZI at Or :elaW =='Je zzeeu above mea= se= e'7el? o nct a��_;Cac�e , S t=t:e Are t?Iezr= any pat_CS c:=nC;ete ds O' =anroS WiLC.h Gre nC Z ShCW I Sum 7e�7 MaM = t 'TQL' s-.Irrzcit ng? No VI _n ;lane exist, p? ease stat_ "nc ne. " G_ Dc vcu =ve anv ccr, Z- : cn t -Z- 7' S 'C Ze CCnCern. �C 7CLl; ^rte^ = e5?OtJ C Ii :TeS � ^Ie3Se s''�':^.-- T CC a aur _:2r'I? = anC mam as a'mDrc'Te' 'v tae jLT_lr._ ,S If mane, -le-ase st..are. -- Dc -rau er azrr c c ner `Iso cwn o ` er _=nc close Z=S cei? ® » .res, �je=5e e -=-- wr_eza :r su;::_� c=s (mends. - 7l nSSe _-Si Cr'�.,e use Jr SHIN Ie -A-wn1 gr- iclepnCe, and =rczcsec useIrJ��e , l�, e -s dm SICILIAN CORNER REALTY CO. 33-08 30TH AVE. 1-758/260 79 ASTORIA, NY 11103 - �/ °I ' .:, y., • w '. mss,'" :.:rc'.=�'"1c:»�',' .. ; . BANK y.,rr, OF NEW YORK (ON 33-12 30TH AVENUE •.:•.: �_ . ASTORtA, NEW YORK 11103 NP �lteixc .. i:0 2600 7 58 21:' 11'84m 0 14 20611' 0 L 13 I . wj�p ab -Ao- -OW d. Gwwozak , asaiz -K Oaisr%Liea 9a-nr, &�-o ✓Irzaae,- February 28, 1997 Ms. Linda Kowalski & Ms. MaryAnn Cybulski Board of Appeals, Town of Southold 53095 Main Road P.O. Box 1179 Southold NY 11971 ,*wgbwt, 6m&.- , - Ahz, Agad -06 -q0.'202;( c a�zee`o>ti, /dear,o>,4/t947 2021 (6169 722-4744 9air (610%' 722- 4d'77 Re: 3/13/97 Hearing Date for Tomis & Kathy Kourkoumelis Dear Ms. Kowalski and Ms. Cybulski Please find enclosed an Affidavit of Mailing of the Legal Notice of Hearing Date re the above. Thank you. enc Sincerely, Philip J. Ca inale r SOUTHOLD TOWN BOARD OF APPEALS TOWN OF SOUTHOLD:COUNTY OF SUFFOLK ---------------------------------------x In the Matter of the Application of TOMIS and KATHY KOURKOUMELIS ---------------------------------------x I, - - - . _ . Joanne -Fagan sworn, depose and say: AFFIDAVIT OF MAILING , being duly That. L -reside at 321 Washington Avenue, Jamesport NY That I mailed a true copy, of the ,Notice setting forth -the date of the public hearing of the above application, by certified mail; return receipt requested, to each of the persons at the addresses set opposite their respective names each below or on addendum attached hereto); (* ) That the addresses set opposite their names are the addresses shown on the current assessment roll of the Town of Southold; That said Notices were mailed by certified mail,. return receipt requested, at the United States Post Office'located at Jamesport , NY That the postmarked (dated) receipts for the above mailings are attached to this Affidavit; That upon receipt of the green signature cards, I agree to submit the same to the Office of the Board of Appeals for the permanent file. (Signature) JOANNE'FAGAN Sworn to before me this 28th day of .Febivary , 199 7 ., 'SUSANM.CARNINIIALE ' NOTARY PUSUC, State of New York No. 52-4619540 'Qualified in Suffolk County (Notary Public) Commission Expires dd<3 /1917 (*.) Karnik & Haci Garipian, 20 West 47th St., New York NY 10036 Donald P. Walz, 3382 Corinna Drive, Rancho Palos Verdes CA 90274 Virginia Ohriker, pt. 1723, 2 Bay.Club Drive, Bayside NY 11363 Harutyun & Ninik KuzukOglu; 480 Park Avenue, Manhasset NY,11030 Z 011 483 372 Receipt for Certified Mail No Insurance Coverage Provided �:PSTR;ESE Do not use for International Mail I (See Reverse) Ft to 1P ;h i cam, ,dry o r+cer (J Street iid No. ? State an ZIP Code Uri S DE N1� 1133 Postage 1 r �� Certified Fee Special Delivery Fee Special Delivery Fee Restricted Delivery Fee Restricted Delivery Fee Return Receipt Showing Return Receipt Showing to Whom & Date Delivered . to Whom & Date Delivered Return Receipt Showing to qr� Date, and Addressee's Return Receipt Showing to Whom,_,..,,,; y Date, and Addressee's Addrrss``. & Fees TOTAL Postage Postmark or Date { C+ l &Fees Postmark or Date Z 011 483 370 Receipt for Certified Mail - No Insurance Coverage Provided Do not use for International Mail (See Reverse) Z 011 483 369 I Receipt for Certified Mail No Insurance Coverage Provided uRnE- Do not use for International Mail (See Reverse) I ' Sent to Street and No. � Dill St to o os vt riles CA 4a'� Postage r 3� Certified Fee Special Delivery Fee Restricted Delivery Fee it Return Receipt Shgo-' W to Whom & Date C dL'� ( Return Receipt Sho fo Add e3s" -'-> I ` Date, to VV and Addr"esee,,' j _.t TOTAL Postage R & Fees !. _ p Postmark or Date co O �i 0-i Z 011 483 37 I Receipt for Certified Mail No Insurance Coverage Provided IMITEDST,TESDo not use for International Mail MST-- (See Reverse) I �err to k M I � .0 «t O O O C�! L r0 a Hao -ii St tanD_ 'ark V�C P. State an ZIP Code Jill Y J)a St !103 Postage Certified Fee CJ Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to Whom & Date Delivered . Return Receipt Showing to qr� Date, and Addressee's TOTAL Postage- & Fees t Postmark or Date { C+ l