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HomeMy WebLinkAbout4236 5zµf- ABC s ~ . ~o~FFO~K~oa APPEALS BOARD MEMBERS ZO o Southold Town Hall Gerard P. Goehringer, Chairman C* T 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 James Dinizio Jr. y O~ Southold New York 11971 Robert A. Villa Fax (516) 765-1823 Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS Appl. No. 4236: Matter of ELEFTHERIOS PAPPAS and OTHERS. This. is a request for a variance under Article XXlll, Section 100-231, based upon the April 19, 1994 Notice of Disapproval. 4 updated, from Septem- ber 21, 1992) for issuance of a building permit for the fence/gate and gate post, as. built, which exceeds four-ft. height requirement when located in the front yard. Location of Property: 68755 County Road 48; Greenport, NY; County Tax Map Parcel No. 1000-33-5-14. WHEREAS, after due notice, a public hearing was held: on May 4, 1994, at which time all. persons who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully- considered all testirmmy- and documentation submitted: concerning this, application; and WHEREAS, Board Mfrs have personally viewed and are familiar with the premises in. question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of: fact: 1. By this height variance application, appellants request approval of- a fence and fence posts which have-been constructed within the southerly front yard area of the applicant's property exceeding the four-foot height requirement. The front yard area faces Middle•Road (a/k/a C.R. 48). 2. The fence, gate and post construction is metal. The applicants' sketch received April 28, 1994 (and photographs) slow the fence gate eight feet high (at the center) and the fence posts at 10-1/2 feet high. The length of the fence is shown at, 33.6 feet. 3. The copy of the minor subdivision map amended August 5, 1982, prepared by Roderick VanTuyl, P.C. submitted for consideration in, this application shows the total land area to be 2.207 acres, which consists of, Lets No. 1 and 2. Page 2 - Appl. No. 4236 Matter of ELEFTHERIOS PAPPAS and Others Decision Rendered June 13, 1994 Lot No. 1 consists of. 1.068 acres and is improved with a two-story brick house and accessory garage building. Lot No. 2, which is the subject of this variance application, consists of~ 1.139 acres and is vacant land, with the exception of the fence, . gate and posts built without permitts). 4. This property is located- in . the R-40 Low-Density Residential Zone District. 5. The relies` requested by this application concerns,. the requirements -of Article XX111, Section 100 231A of, the Zoning which provides that "fences, wails or berms when located in the front yard of residential zones, the sane sh sfl , not exceed fair (41) feet in height... 6. It is the position of the Board Members in, considering this application that: (a) the 10.5 ft. height as requested is not the minimum necessary; (b) there are alternatives available to place the fence, gate, and posts at.a much lower height; (c) the amount of relief, requested is very substantial as applied, being a variawae of, up 100, percent for the fence gate, and more for the posts; (d) the grant of, a variance of this nature will,-produce an undesirable change and alter the essentiak character of. the neighborhood in light of the fact that the character of the area consists of vacant lands, open lands without fences,.-arid other lands with fences within, or, along, from yards in. this neighborhood at heights of, approximately • four feet; (e) the alleged difficulty was self-created- in, that the entire fence construction was purchased and cons rutted without permits from the Town and contrary to the requirements of, the zoning codes pertaining to height; and (f) the relief requested- is not within, the best interests of the surrounding neighborhood, health, safety, and/or, welfare of the community, as applied. NOW, THEREFORE, on motion by Member Diinizio, seconded by Member Wilton, it was RESOLVED, to DENY the relief requested, in its entirety for the Page 3 - Appl. No. 4236 Matter of ELEFTHERIOS PAPPAS and Others Decision Rendered June 13, 1994 reasons noted above. VOTE OF THE BOARD: AYES: Messrs. Dinizio; Wilton and Goehringer. (Members Villa and Doyen were absent.) This resolution was duly adopted. Ik r D P. GOEHRI GERM P AIRMAN XGERAR RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE GA Q 19Y HOUR a ro P. iy r • Town Clerk, Toth Town of Southold APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. Town Hall, 53095 Main Road James Dinizio, Jr. P.O. Box 1179 Robert A. Villa ~d+ Southold, New York 11971 Richard C. Wilton Fax (516) 765-1823 Telephone (516) 765-1809 BOARD OF APPEALS Telephone (516) 765-1800 TOWN OF SOLTMOLD NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, that the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on WEDNESDAY, MAY 4; 1994, commencing at the times specified below; 1. 7:30 p.m. Appl. No. 4223 - CLAUDE SHER. This is a request for a variance under Article XXIII, Section 100-231, based upon the April 7, 1994 Notice of Disapproval from the Building Inspector for a building permit to erect fencing around a proposed tennis-court structure which will exceed the maximum height requirement of the code when located in the front yard. Location of Property: 1480 Old Woods Path, Southold, NY; County Tax Map Parcel No. 1000-87-1-21. 2. 7:33 p.m. Appl. No. 4236 - ELEFTHERIOS PAPPAS and OTHERS. This is a request for a variance under Article XXIII, Section 100-231, based upon the April 19, 1994 Notice of Disapproval (updated from September 21, 1992) for a permit to construct fence/gate and gate post which will exceed four-ft. height requirement when located in the front yard. Location of Property: 68755 C.R. 48, Greenport, NY; County Tax Map Parcel No. 1000-33-5-14. Page 2 - Notice of Hear! ~s Southold Town Board of Appeals Regular Meeting of May 4; 1994 3- 7:35 p.m. Appl. No. 4232 - THOMAS PALMER and JOAN OIBBS. This is a request for a variance under Article IIIA, Section 100-30A.3, based upon the March 2, 1994 Notice of Disapproval for a lot-line change of two substandard parcels, having insufficient area and width as exist and as proposed. Location of Property: 2140 and 2200 Deep Hole Drive, Mattituck, NY; County Tax Map Parcels 1000-123-4-4 and 5. 4. 7:40 p.m. Appl. No. 4235 - KIM FALLON and CYNTHIA SUTRYK. This is a request for a variance under Article 111, Section 100-33, based upon the April 4, 1994 Notice of Disapproval for a permit to construct accessory building in the front yard area. Location of Property: 3200 Soundview Avenue, Mattituck, NY; County Tax Map Parcel 1000-94-2-5. 5. 7:45 p.m. Appl. No. 4231 - ALEX AND AFRODITE BOUKAS. This is a request for a variance under Article VI1, Section 100-716(2) which requires a lot area of 40,000 sq. ft. per Special Exception use category in the Residential-Office Zone District. The subject premises is nonconforming containing 21,051 sq. ft. in area and 97.76 ft. in lot width. Location of Property: 14695 Main Road, Mattituck, NY; County Tax Map Parcel No. 1000-114-8-5. 6. 7:45 p.m. Appl. No. 4230SE - ALEX AND AFRODITE BOUKAS. This is a request for a Special Exception under Article VII, Section 100-71B(2) for the proposed conversion of an existing single-family Page 3 - Notice of Hearin,, Southold Town Board of Apeals Regular Meeting of May 4, 1994 dwelling to professional office(s) in this Residential-Office Zone District. Location of Property: 14695 Main Road, Mattituck, NY; County Tax Map Parcel No. 1000-114-8-5. 7. 7:52 p.m. Appl. No. 4217 - THOMAS PULS and DONNA RICCO. (Carryover from March 2, 1994). This is a request for a variance under Article III, Section 100-33 for permission to locate swimmingpool with fence enclosure in an area other than the required rear yard or required front yard. Location of Property: 1350 Eugene's Road, Cutchogue, NY; County Tax Map Parcel No. 1000-97-6-1_2. 8• 7:55 p•m- Appl. No. 4234 - ALEX AND MARION WIPF. This is a request for a variance under Article 111, Section 100-33C for permission to locate an accessory garage with a frontyard setback at less than the required 40 ft. front yard setback. This parcel is nonconforming with a lot area of approximately 22,000 sq. ft. and frontage (lot width) of 118 ft. Location of Property: 940 West Creek Avenue, Cutchogue, NY; County Tax Map Parcel No. 1000-103-13-7• 9• 8:00 p.m. Appl. No. 4238 - JON C. KERBS. This is a request for a variance based upon the April 18, 1994 Notice of Disapproval for a permit to alter roof line for a height above the 18-foot limitation in a preexisting accessory building with garage and rental apartment (Pre-C.O. No. Z6034 issued 8/1/74); Article IIIA, Section 100-30A.4 Page 4 Notice of Hearn Southold Town Board of Appeals Regular Meeting of May 4, 1994 (ref. 100-33)• Location of Property: 440 Riley Avenue (previously known as 590 Riley Avenue), Mattituck, NY; County Tax Map Parcel No. 1000-143-4-10. 10. 8:05 p.m. Appl. No. 4226 - THOMAS KELLY. (Carryover from last hearings calendar). 11. 8:10 p.m. Appl. No. 4203 - KIM CAMPBELL. (Third and Final Hearing). This is a request for a variance under Article based upon the November 30, 1993 Notice of Disapproval for a permit to reconstruct new accessory building, which replaces an accessory building existing prior to September 1993 - and which contained a nonconforming guest cottage use as an accessory to the main residence (see Pre-C.O. #Z5912 dated 5/15/74). Location of Property: Private Road at East Harbor, Fishers Island; NY; County Tax Map Parcel No. 1000-4-4-16. 12. 8:15 p.m. Appl. No. 4203SE - ROBERT E. BIDWELL. This is a request for a Special Exception under Article III, Section 100-31B(13) for approval of winery uses in existing buildng and proposed building. The site plan shows that the property is situated along the south side of C.R. 48, Cutchogue, NY, is zoned Agricultural-Conservation, and is identified on the Suffolk County Tax Maps as 1000-96-4-4.3 containing 15.4+- acres. Page 5 - Notice of Hearing ~ Southold Town Board of Appeals Regular Meeting of May 4; 1994 13. 8:25 p.m. Appl. No. 4237 - ROBERT PELLIGRINI. This is a request for an amendment to Special Exception No. 4065 (rendered January 23, 1992, for the processing of grapes grown at the premises and sales of grape wine), to convert a portion of existing building as a cooking facility (kitchen) for private use. Location of Property: 23005 Main Road, Cutchogue, NY; County Tax Map Parcel No. 1000-109-1-8.7. 14. 8:35 p.m. Appl. No. 4218 - JOHN STRIPP. (Carryover from last hearing calendar.) Variance for front yard setback of new dwelling. Private Road, Fishers Island. 1000-7-2-9. 15. 8:35 p.m. Appl. No. 4220 - JOHN STRIPP. (Carryover from last hearing cale'ndar.) Variance to locate accessory swimmingpool with fence enclosure in the front yard. Private Road, Fishers Island. 1000-7-2-9. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to'be heard in the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated above. If you wish to review the files or need to request more information, please do not hesitate to call 765-1809 or visit our office. Dated: April 19, 1994. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski x x 1 - FORM NO.a I TOIVN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTIiOLD, N.Y. NOTICE OF DISAPPROVAL Date ' K19 . . To ..William. H. Price, Jr., Atty for Eleftherios Pappas & ors. 828 Front Street - P.O. Box 2065 GREENPORT, N.Y. 11944 PLEASE TAKE NOTICE that your application dated ......SEPTEMBER 17, , , 19.92.. for permit to CONSTRUCT A FENCE IN FRONT YARD ............................................................at Location of Property , , . , ,68755 COUNTY ROAD #48 GREENPORT, NEW YORK House No. ~ Sheet Hamlet County Tax Map No. 1000 Section 33 5 14 ........Block ..............Lot Subdivision Filed Map No . Lot No.................. . is returned herewith and disapproved on the following grounds UNDER ARTICLE %%III SECTION,/1'00-231 FENCE (GATE) AND GATE POST EXCEED PERMITTED 4FT. HEIGHT IN FRONT YARD. ACTION REQUIRED BY THE ZONING BOARD OF APPEALS. 70MAS din I Spector J. FISHER RV 1/80 FORM NO. 7 ,'TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALO SOUTHOLD, N.Y. 11971 TEL.: 765.1802 amined 19 Received... , 19.. . proved 19..,Permit No.....,...... ;approved a/c (Building Inspector} APPLICATION' FOR BUILDING PERMIT Date $JAI..... 1992. INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3 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 m11 ust be drawn on the diagram which is part of this appliion. 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 permit 11 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 Il 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 lding Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or ;uiations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to iit authorized inspectors on premises and in building for necessary inspec ' (Sign re icant or name, if a corporation WILLIAM H. RICA, JR., Attorney or owner. 828. Front St; 1.PO.Box,2065, (Mailing address of applicant) Greenport, New York 11944 to whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. ...Attorney. for owner.... , no of owner of premises E .eftherios PaPPas , , , (as on the tax roll or latest deed) pplicant is a corporation, signature of duly authorized officer. (Name and title of corporate officer) Builder's License No... . Plumber's License No. . Electrician's License No . Other Trade's License No. . . Location of land on which proposed work will be done. . , SCTM 1000 033-O5-.I4 68755 County Road #48, Greenport, New York: 11944 . House Number Street Hamlet County Tax Map No. 1000 Section ...033............ Block 105 Lot 014 Subdivision . Filed Map No. Lot . . (Name) 'Suit e:4litin•' us-- i A n occupancy of premises and intended use and occupancy of proposed construction: b exIstanq a. Ex ding uyc and occupancy . one faz i Iy c y:1,1 n " ° c s x? rt 4 , ex 'r~ 3. Nature of work (check which applicable): New Building Addition Alteration Repair= Removal Demolition Other Work xx .99R (Descflp1 > 4. Estimated Cost... . Fee . (to be paid on fling 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 . Dimensions of existing structures, if any: Front Rear Depth , . . Height . . Number of Stories . 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 of Stories . . 9. Size of lot: Front , Rear . Depth , , . 10. Date of Purchase Name of Former Owner . . 11 Zone or use district to which premises are situated , , residential 12. Does proposed construction violate any zoning law, ordinance or regulation: . ,yes.. , 13. Will lot be regraded no...................... Will excess fill be removed from premises: na Yes 14. Name of Owner of premises . E Pappas........ Address . N:-A2 . 34th , St,., , Phone No............ . Name of Architect . Address _Astoria,, NY 111~one No... . Nance of Contractor .Address .Phone No. . PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and. indicate all set-back dimensions f property lines. Give street and block number or description according to deed, and show street names and indicate whe interior or corner lot, SEE ATTACHED STATE OF NEW YORK, SS COUNTY OF , ..:$VFVQVV.... . [gILLIAM H., PRICE, JR.;,, , , , , , , , , , , , , , , , , being duly sworn, deposes and says that he is the (Name of individual signing contract) above named. He is the.. Attorney for owner . (Contractor, agent, corporate officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make an, application; that all statements contained in this application are true to the best of his knowledge and belief; an work will be performed in the manner set forth in the application filed therewith. Sworn to before me this 31st August 92 .......................day of •119. Notary Public, Suffolk.... . , , , County 0 LINDA M. TC)NYPS 5 \ Not NO- ary 42ft. State of New York ' S4 . \ . . 2 • Suffolk Cou Term (Expires Ocxa .4 sa ail IV T RECEIVEI) / /S TOWN OF SOUTHOLD, NEW YORK AP a 1994 APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL ®a:t t®i€3 YOwn Clerk DATE TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1 (We) Ele£therios_Pappas............ of „30,-22 34th St. Astori...•_NY~ 11103 Name of Appellont Street and Number Astoria ,,,•,,.N? ,,,,,,.HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO DATED AU.91?5 ...UA...12.9.2......... WHEREBY THE BUILDING INSPECTOR DENIED TO William H. Price, Jr., Esq. attorney for owner Name of Applicant for permit of 828 Front St., PO Box 2065, Greenport, NY 11944 Street and Number Municipality State (M PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ...68755 County,_,Road„#48~ Green~ortt NY Street /Hamlet / Use District on Zoning Map District 1000 Section 033Block 05 Lot 014 Ele£therios Pappas and others . _ _..._.........__..Current Owner - Map No. -Lot No. Prior Owner 2. PROVISION (5) 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 100-231 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (x ) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (kask (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 .................................Dated .............................r......... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (x_4 A Variance to the Zoning Ordinance is requested for the reason that Fence '(gate) and gate post exceed permitted 4 foot height in front yard. romr ZBI (Continue on other side) w, *awo in-" REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because the requested relief is necessary to prevent the practical difficulty of not constructing a fence that is in similar design and character to the fence immediately adjoining applicant's property to the west. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because immediately to the west of this property is a residence which has a fence with such gates, and-to put up a fence other than one similar to the fence to the west would be disharmonious. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the relief requested is merely for the construction of a fence and gate where the fence portion complies with the zoning ordinance and the gate portion will provide symetry with the other properties. STATE OF NEW YORK ss COUNTY OF SUFFOLK ) ignature . R dolph Bruer, as attorney fo Eleftherios Pappas and others Sworn to this 14th day of.......... April..................................... 19 94 Notary Public - ,p StMofM r q ~~~O~dg~ires ~~8i~ 70 ?-z a v 3 a 3 Q m m r c II. 7 a ni 0 4 A i,7 ,r zr: i s O m x, m O 4 D m~ Z © ~ r N Z o n on < Z z z O d 'q. t3: _ ~ 3 3 x D D ~~e A m W O O -41 Z r 'l 3 m o n R a v \ ° (1 ' 4 I I I I I -1 Iv A m L1A - _ o c rd. N k ~ o Z ap R X X X V3;. yy ry S - 3~ r 1 O co m m ^ CL A *d R° ) I - 3 I t f 1 N ~ ~ K 00 O „ v o ;a i co O .n a 0 n N o A c 3 o co j 70 o I 9 ° 0 0 = 0 o Q rt 1 7 h ~ 'L k S=' m 0 N T p Z A W a I W y}ry 333 y Vi"ly f y;.NF ~ sG ~ < b=1.~-":y` k r Silt 17 Ix, u €f 41 Tin 44 _ IR 4 Y Jill ax 4 IZI T` JWL n i t ~ dd rte' M^~ F n ~ ~ } f £ y h i r - z~ r a 9 < J C t t ` 1~""~~ t x k b 'Ir t i lie 01 lin . s_ -oili a ;A. r 77 . _ . , _ 4 COUNTY OF SUFFOLK S ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING STEPHEN M. JONES, A.I.C.P. DIRECTOR OF PLANNING ~1n F,, June 27, 1994 JUN 2 91994 I Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Pappas, Eleftherios and Others 4236 Lan, Richard 4241 Moore's Lane Holding Corp. 4243 Very truly yours, Stephen M. Jones Director of Planning S/s Gerald G. Newman Chief Planner GGN:mb H. LEE DENNISON BUILDING ¦ VETERANS MEMORIAL HIGHWAY ¦ HAUPPAUGE. NEW YORK 11788 ¦ (516) 859.6192 FAX (516) 653.-044 gUFFO(,~C APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. 4~ Town Hall, 53095 Main Road James Dinizio, Jr. P.O. Box 1179 Robert A. Villa Southold, New York 11971 Richard C. Wilton Fax (516) 765-1823 Telephone (516) 765-1809 Telephone (516) 765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD Pursuant to Article XIV of the Suffolk County Adninistrative Code, The Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Cannission: XX Variance from the Zoning Code, Article XXIII Section 100-231 Variance from Determination of Southold Town Building Inspector Special Exception, Article Section Special Permit Appeal No:4236 Applicant: Eleftherios Pappas Location of Affected Land: 68755 C.R. 48, Greenport, NY County Tax Map Item No.: 1000-33-5-14 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 Ownei by the County or for which the County has established. Channel Lines, or Within One Mile of a Nuclear Power Plant Within One Mile of an Airport Comments: Applicant is requesting permission. to construct fence/gate and -gate post which will exceed four ft. height requirement when located in the front yard. Copies of Town file and related documents enclosed for your review. Dated: June .73, 1994 ~~S~fFOLK~oG APPEALS BOARD MEMBERS yo y~ Southold Town Hall Gerard P. Goehringer, Chairman r°n ,Z 53095 Main Road Serge Doyen, Jr. 9 411!F P.O. Box 1179 71 James A. Villa - Southold, Fax (516) 765-1823 Robert Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD June 22, 1994 Rudolph H. Bruer; Esq. Main Road P. 0. Box 1466 Southold, NY 11971-1466 Re: Appl. No. 4236 - ELEFTHERIOS PAPPAS and ORS. Dear Mr. Bruer: Please find enclosed a copy of the Board's Findings and Determination rendered in the above matter: It is requested that the subject fence, gate.and. posts be removed and/or otherwise made to conform after obtaining the appropriate fence permits within the next ten (10) days. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN Enclosure Copies of Decision to: Building Department Suffolk County Department of- Planning • ?age 3 - Appl. No. 4236 Matter of ELEFTHERIOS PAWS and Others Decision Rendered June 13, 1994 reasons • noted above: and VOTE OF THE BOARD: AYES: Messrs- Di ab Wilton This Goehringer. (Members : Villa and: Doyen were absent.) resolution was duly`adopted- Ik GERARD r- GOEHRI GER. ~i AIRMAN RECEIVED AND FILED BY THE SOUT11OLD TOWN CLERK DATE 6I- a/4y HOUR ~2 10Pn, rbv Town Clerk, Town of Southold 1 • Edson and Bruer ATTORNEYS AT LAW MMN ROAD-P.0. BOX 1466 SOUTHOLD, NEW YORE 11971 LEFFERTS P. EDSON (516) 765-1222 (1912-1909) r , - - (516) 765 2500 RUDOLPH H. BRUER FAX: (516) 765-2752 MAY 181994 May 18, 1994 Board of Appeals Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971 ATT: Gerard P. Goehringer Re: Variance Pappas (hearing of May 4, 1994) Dear Mr. Goehringer: Pursuant to your request, I have been advised that my clients had the fence/gate made by special order for the purpose of having it conform to the fence and gate of the neighbor to the West (Paul Henry). I have been advised that the fence actually sits twelve (12) feet back from the property line, and that it was deliberately set back for the purpose of conforming to the neighbor's fence. It is and was the intent that the gate be in conformity with the neighborhood and the area. Please excuse my delay in answering your request, but I have been away and I was not able to immediately contact my clients after the hearing. Best regarrs, Rudolph H. Bruer RB/fg . raw .1. 1. rH.l C .fir , A + r f 7 _ 6s4' 6 S'r ~>oP~ s' i3.6 io Scale I F~o~ _ '~L c m A PP,yS PUBLIC HEARINGS BOARD OF ZONING APPEALS TOWN OF SOUTHOLD May 4, 1994 - (7:30 P.M. Hearings Commenced) P R E S E N T: HON. GERARD P. GOEHRINGER, Chairman SERGE DOYEN, Member JAMES DINIZIO, JR. Member ROBERT A. VILLA, Member RICHARD C. WILTON, Member LINDA KOWALSKI, Clerk-Assistant to Board I N D E X APPLN. # APPLICANT PAGES 4223 CLAUDE SHER 3-6 4236 ELEFTHERIOS PAPPAS 6-8 4232 THOMAS PALMER ..............................9-12 4235 KIM FALLON AND CYNTHIA SUTRYK .............12-25 4231 ALEX AND AFRODITE BOUKAS ..................25-29 4217 THOMAS PULS AND DONNA RICCO ...............29-29 4234 ALEX AND MARION WIPF .....................29-51 4238 JON C. KERBS ..............................51-54 4208 KIM CAMPBELL ..............................55-62 4235 KIM FALLON AND CYNTHIA SUTRYK .............62-63 4203SE ROBERT E. BIDWELL .........................63-70 4237 ROBERT PELLEGRINI .........................70-74 4218 8 4220 JOHN STRIPP ................................74-80 Page 6 - Hearing Trans pt ' Regular Meeting of May 4, 1944 Southold Town Board of Appeals not only twice as long but whatever was standing at the time you went down as you know is going to be all over the place by the time you get to your house. MRS. SHER: It's not up to me MR. CHAIRMAN: Right, OK, does anybody want to address this decision now? Is there anybody else who would like to speak? I didn't see any hands so we will go back and readdress this. Do you want to address this now or do you want to wait? MEMBER DINIZIO: I'm ready to address it. MR. CHAIRMAN: Yes, make the motion. MEMBER WILTON: I'll make the motion granted as applied. 7:38 P.M. MR. CHAIRMAN: This is on behalf of and OTHERS. Appl. No. 4236. 1 have a copy of the sketch of the gate which the post line, posts are approximately 10 feet 5 inches or 10-1/2 feet and the gate itself is approximately 8 feet at its highest point. We've been down to look at it and we have a sketch of the survey or a copy of the survey from Rodrick Van Tuyl indicating the position of the placement of the gate and we have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Is there somebody who like to be heard on this one? This is the Pappas application. Mr. Bruer how are you? MR. BRUER: How are you? Rudolph Bruer on behalf of the applicant, Mr. Chairman, Members of She Board, I believe we have here a situation where the fence is I believe in accordance with the height of ? Page 7 - Hearing Transct • • Regular Meeting of May 4, 1944 Southold Town Board of Appeals the ordinance. We're talking about the gate and I believe the gate is really, sets in conformance really to the area, the a, 1 think this area was originally developed on the McCann Estate and they had used it for a horse recreation and, and the motif or set-up of the, of the, that area of fencing was established at that time. I believe my clients came along, and on the easterly part of that area came along with the idea of putting up a gate. In their mind that was in accordance with the scheme of things as it existed. I believe that's basically what we'd like is to be able to have this gate and it was done I believe in all innocences. It wasn't done to put up there and say well we have it and then make the appeal. 1 think people come from the city and really weren't aware of the 4 foot ordinance they professed. Outside along the front of the property is the 4 foot fence required by the town and again we're talking about the gate in accordance with the ordinance. I'd like to say that the benefit of leaving the fence there is substantial to the, to the applicant. Requirement of, of not allowing it, does not hurt the town in terms of the health, safety and welfare of the neighborhood. It's not going to change the character of the neighborhood, I think it's in conformity with it. In fact to do anything other than leave it there would be to change the character of that area in terms of (interruption). It's not a very substantial think variance of the ordinance and it's not going to have an impact on the physical environment of the area for the town. I believe and request that the board grant the application. MR. CHAIRMAN: OK. Let's just see if there's any questions then Mr. Brauer. Any questions of Mr. Brauer, anybody? None? Page 8 - Hearing Trans*3t • Regular Meeting of May 4, 1944 Southold Town Board of Appeals MEMBER VILLA: The gate as it is now overtowers the gate next to it which is a 4 foot gate, is there a reason why you put an 8 foot gate next to a 4 foot gate? One to the west I'm referring to. MR. BRUER: I understand what you're saying. Not particularly, this was the one that we had an opportunity to have and it was substantial and as you can see it's a substantial structure and that's what they put up. It wasn't intended to overpower anything. In fact, if anything was intended to, to really blend in with it. Obviously, I think the color should be changed, but. MR. CHAIRMAN: But this gate was made, right, this wasn't taken from some antique? MR. BRUER: I honestly don't know the answer. MR. CHAIRMAN: It looks like it was made. MEMBER VILLA: Is that the only new gate? I mean, -----does it have any historic value? MR. CHAIRMAN: That was my question. MR. BRAUER: I don't know. I could find out. MR. CHAIRMAN: Yeah, may, maybe you want to do that, if you wouldn't mind. MR. BRUER: You want to know if it's historic or? MR. CHAIRMAN: Yeah, ask them if they bought it from somebody or was it built? It appears to be new. It appears to be built. We'd appreciate that, Mr. Bruer. Thank you. Is there anybody else who would like to speak either in favor or against this application? I see no hands - I'll make a motion closing the hearing reserving decision until later. I ~ i ! APR 2 8 1994 6s* 6,5" H ti. 10,5 I o, S to' 10 ' Scale look _ '~z G m a ':krta sy ~ : y, 1 r„'e ~ l ? r. ~..v r ~ ' : ~ ? a ¢ Ta ti,1 4 n .N f .K~> 4 § ~.rx 'werf+" ~5~, ~~'aF~'F. 4 a " s y • r _ I. i ~ E U u.. _ - 1 L: t '4<,~ E~ tl-.: f'"'? ..4•.` "~~.r a, w`~d w !a 4 [F - t ~ ~ ~ ; ~ .a t s , r r r• -,t SIiFFOLK CO: ~fAL MAP eAST~Ls~ SrlO~IzS ~ „':G~o ~~ler 2Vq}_ ~£~2€1~ } z ~ ~ t a 8~>~E)r~t N . H. S.. NO----- 31 ~eg I n - - r y a . ~ r~~.~w. r~,•r~ ~ y 7ME *#TX* [.Y Anil. DISPOSAL t.0~8 AG > r~+-~ Li7.fi.t cam' ~F~~ J f' viw E WILL 2G i f i<+~ H(~f G hi I J"t 4 ~ PQYLOS ~1 TO THMi Si GS,6F THF~ S<#'Ft t t c0. Dam". OF hlE/ttTH sERviCES, ?t° c N " A ; s~rrrll I11 TOY/Pt C. SO(lINQLC}, Y. SUFFOLK tou"TY DEP7t.. OF. F{EALTH, tl r i~krircosa 1 SCR1f1EES - FOR APPROVAL OF z v3. 0 crucrloro cp,r _ w ' DRTRt M. S. REF. Ne : A7'`~'`"Tt N $ pool l ~ APM4lplvitw _ t f-ts~a.) 1'7x1{ 2 81994 ~y~ Sl1FloGiC Cp. TA X MAP)SIL4 7lON: _ - +rvter . r ~ ~T DIM SBCT. PCL ~ ~ r, fiR owFV SgADnsee~: _ i 1~ j 1~' 8 yV 5--ale: 60fa ' Low Y. 11 W Aroma 2.207 acneys lax, N.Y. ,,t !lam ~ - oft F v h7ortWltarrF (,Tat. 2[2<27-~.%°F'~ ? 74 o m irot7 Pipe DEED: L, 7B t•. 3Tl frt / TWO" 11p 1.139 farm. Suff. Co. Tax Mco No.: "'7~+f+•; '„'t ` tomot - = r yy l• G c is sn mr ran ro n 0 1 p f-l1-emases = ned 'A't. o$a./Ad h s+or inkeGf a g r - tr1t a=v .oll nabe c Z/ r w a . oa truo cmy. { - f u es andfe = heveon V ; al„~Hd~ .,lure 46, r~.~ Am~rr did hat ,5, 196z - - r % pt On or N h9 p g ' . JaH• 7i 19'3 - _ fls 7Va [?8-~ 78 76Q , 0'13.6; `t'w c~*aCe Q 1. J2mc2 ~uoie^rrrrTiaaC~ hb~!#ev gr'tr 1l7ii:h~ ~ F ^ ~ 26Q.-44& t!+ Mc Cane/ CeCY, a'77'67' "V1L' 20C1 96s, _ and 4*~ ~.8°vlrarfynr nlwa a8 f.8wK3 :i ~PePOK vat L't VAN it, LiCENUO,wa yOIES Pt' + FA o-~ t' I,, •ReS, IVR~ 4S 215 f^ ~-,a :'1. 4;w. '{`_}~...n~_N..6': .b .J;.:-,.. r _ . _ ...3' ....f:Twa. '3. ¢1..F3-s.a. r?.-n,_ n.,....._. ..-£l..naia.......-r.......... -...r.~+.. • • o~gUFF01/( G PLANNING BOARD MEMBERS o~~ y~ Richard G. Ward, Chairman C42 Z Town Hall, 53095 Main Road George Ritchie Latham, Jr. O • P. O. Box 1179 Bennett Mark S. McDonaldr y'bpl ~.a0~ Southold, (51J 971 6) 765-3136 Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD f - t-7E TO: Office of the ZBA APR 2 2199141 FROM: Melissa Spiro, Planner RE: E. Pappas and Others SCTM# 1000-33-5-14 DATE: April 22, 1994 I have reviewed your inquiry of April 20, 1994, in regard to the above mentioned property. A two lot minor subdivision was endorsed by the Planning Board Chairman on March 28, 1983 for this property. Please see the enclosed copy of the endorsed plan. I have also enclosed a copy of the Declaration of Covenants and Restrictions filed as a condition of final subdivision approval for your assistance. 1 SUFFOLK CO. HEALTH DEPT APPROVAL _ .e HS NO. OF ERSTGk-N S,40oSS Csuff. Co. FiIR (Yo: '1021} 1 1 . 1 V i 4 1 ° 1 1 ON - NL4P:OF PraOF'E~' • STATEMENT INTENT THE WATER SUPPLY AND D SEW AGE DISPOSAL EL~FTHEI2f05 fTHE~f~s SYSTEMS FOR THIS RESIDENCE WILL CONFORM TO THE STA40ARDS OF THE II'F -~XANL-_I _Qr A-Bp~`S SUFFOLK CO. DEPT. OF WALTH SERVICES. ISI APPLICANT p Gl2Ft~N1~Na 7 N .^,r N TOWfY OF ~~.~-O ~Y SUFFOLK COUNTY DEPT. OF HEALTH V SERVICES - FOR APPROVAL OF Np 0-OJ~lOp4.9 CONSTRUCTION ONLY _ L • ± y rP. ~F~, ~~Ci~-` O \fJLO DATE: pp H. S. REF. NO.: lu O' P ' 1 O~ S .1 !d3 1 APPROVED: ra ' S~ r~ m 0. ~ SUFFOLK CO. TAX MAP DESIGNATION: D OF DIET. SECT. BLOCK KL. 033 B F4 201.39 OWNERS NERS ADDRESS: 3 _ 0°r- N A ate: 60'-1' ao- 22 22 e ~ i 1 30- 3 AI^ea~8.207 alms gp~al-iq, N.Y. ((102 f~• " m m~menumm+f' ~Te(. 212-274-4273 31 '-Y.. i Oall'OH pifa6 DEED: L.6973 P. 977 (Safi) L O1 I TEST HOL AMP w. w , c w Co. Tbx &1,0 Ne.l * 11 d, z N A R-¢minee mead 'X! = QOP. fAgr r:.....,:: ti . O ocf.7, ! -?on. T, 1989 ~ ue ' Ti1lR.lJo.a2-os-a7a=ko aaHd e 1 yrawl SEAL 6uaralrlawd 4o4ho Chied9o TFlds rHwnelHU Core~JaaRy - r and io FL+.awa+ Rbslrwel, ftC- 60 I6 fo wmi La as &,l-wyRd pfR41 tL,.l4Q.i. '•waMr main - TT ODERK)K VAN L?,C - C.E. - MIDD(_~ H2O!-~D ~18 R Il /a ~w...~ rev LICK~WLAN p ORT NCWORK DECLARATION OF COVENANTS AND RESTRICTIONS , L' II, both residing at 30-22 34th Street, Astoria, N.Y. i. WHEREAS, Eleftherios Pappas and Theano Pappas/ and Gregory both residing at 30-22 34th Street, Astoria, N.Y. Athanasopoylos and Alexandra Athanasopoylos have made formal application, to the Planning Board of the Town of Southold for approval of a minor subdivision plat entitled Eleftherios & Theano Pappas, Gregory & i Alexandra Athanasopoylos located at Greenport, and which was submitted IN i to the Planning Board August 11, 1982 and a filing fee in the amount , of $50. was paid November 9, 1982 and upon which said application a 17 i public hearing was held by the Planning Board of the Town of Southold tt i!, on March 7, 1983 at 7:30 p.m., and 1 II WHEREAS, the application for subdivision approval was granted II by the Planning Board of the Town of Southold on March 28, 1983 subject !i to certain conditions, and WHEREAS, one of the conditions was that the applicant execute k`~r and file with the Town of Southold and with the County Clerk of the -J, County of Suffolk a declaration of covenants and restrictions stip- ulated by the Planning Board of the Town of Southold in its said 1'® resolution of approval of March 28, 1983. I p NOW, THEREFORE, the parties herein declare that the property shown on the aforesaid map is held and shall be conveyed subject to i the restrictions and covenants set forth in this declaration to wit: il! 1. Each party hereto, in the deeds separating the one parcel into two parcels will provide a right-of-way over the s7! II q western 25of the lot fronting on the middle Road (so- called). 111 I li I ,I 2. Said easement shall be in common between the owners of i both plots and there shall be no egress from or ingress to Lot #2 (road frontage) except by said common easement. 3. The driveway upon said easement shall make an angle of at least 708 with the County Road. 4. Each lot shall have a turnaround provision, such as a T-shaped shunt, so that a vehicle leaving the lot will not be required to back out into said middle Road. 5. All stormwater runoff resulting from the development and improvement of this subdivision or any of its lots shall be retained on the site by adequate drainage structures so that it will not flow out into the right-of-way of i Middle Road. 6. No lot shall be subdivided or its lot lines changed in any manner at any future date unless authorized by the ji Southold Town Planning Board. i The real property contained within such subdivision is described on Schedule A attached hereto and made a part hereof. Each of the covenants and restrictions herein set forth shall ;I'run with the land in perpetuity and shall bind all future owners thereof.! IN WITNESS WHEREOF, Eleftherios Pappas and Theano Pappas and iGregory Athanasopoylos and Alexandra Athanasopoylos have caused this i 'idocument to be executed this day of April, 1983. ~I I' 1 Eleftherios Pap s T -2- MEMORANDUM TO: Office of the Planning Board FROM: Office of the ZBA DATE: April 20, 1994 RE: E. Pappas and Others 1000-33-5-14 We presently have-an application for excessive. height to.an entrance gate, which is accompanied bya !'Minor Subdivision on Map of Property surveyed for Eleftherios Pappas" dated AugusL 5, 1982. Please confirm whether or not the owners or their agents have applied to the Planning Board for a minor subdivision as shown on the attached map: We are concerned that they-are showing a subdivision when none may exist. Thank you. Cov,j- y 20 AD ~ ~ l o - I T q qf,. 1 000- 33-5- I q Ft=NCE ? 2 + 4r 'Ple..o,p s eS y Li E -0 V 6 V4,1 t: . t F60Ce FJ~GHr to;wT t y- of vUiTH r t . t r F ~ j 1 ~ i 1 - ~ J UPI - - - ~ p - 9 _ t o 07-_-_-~ 1 i i _ i i . I ! ~j l ! S !~t 9 a + 21 37N3~ SSLeg 0 STATE OF NEW YORK) ) SS: =OF SUFFOLK) AOL UXbi Of Mattituck, NOTICE OF said County, being duly sworn, says that he/, PUBLIC HEARINGS Is Principal Clerk of THE SUFFOLK TIME pursuant to Section 267 of the Town Weekly Newspaper, published at Mattituck. Law and the Code of the Town of Southold, that the following public the Town of Southold. County of Suffolk a hearings will be held by the State of New York, and that the Notice of wh: SOUTHOLD TOWN BOARD OF APPEALS. at the Southold Town the annexed Is a printed copy, has been regal Hall, 53095 Main Road, Southold, New York 11971, on WEDNESDAY, ly published in said Newspaper once each we MAY 4, 1994, commencing at the for weeks successive! times specified below: y. commencing 1. 7:30 p.m. Appl. No. 4223 - the _day of AP-1rd 196 CLAUDE SHER. This is a request for a variance under Article XXII1. Section 100-231, based upon the April 1 7. 1994 Notice of Disapproval fromR~1 ~t.$tl LID Building Inspector for a building Yptlblstmol Nola Yolk L 'D LL permit to erect fencing around a pro- No, 6004894 ~rA.. posed tennis-court structure which will QI In 9~I •PrinClp .Clerk exceed the maximum height require- ment of the code when located in the front pant. Location of Properly: 1480 I Old Woods Path. Southold, NY; Swo County Tax Map Parcel No. 15000-87- n m~ 1-21._ .r~:.. :r~.»..... day o_ 19 2. 7:33 p.m. Appl. No. 4236 - RICCO. (Carryover from March 2, - building and proposed building. The JOHN STRIPP. (Carryovcr fron ELEFTHERIOS PAPPAS and 1994). This is a request for a variance site plan shows that the property is sit- hearing calendar) Variance to I, OTHERS. This is a request for a van- under Article III, Section 100-33 for aided along the south side of C.R. 48, accessory swimmingpool with I ante under Article XXIII, Section 100- permission to locate swimmingpool Culchngue. NY, is zoned Agricultural- enclosure in the front yard. Pr 231, based upon the April 19. 1994 with fence enclosure in an area other Conservation, and is identified can the Road, Fishers Island. 1000-7-2-9. Notice of Disapproval (updated from than the required rear yard or required SuffoGrj County Tax maps in 1000-96- The Board of Appeals will at September 21, 1992) for a permit to front yard. Location of Property: 1350 443 containing 15.415 acres. time and place hear any and all construct fence/gate and gate post Eugene's Road, Cutchogue, NY; -M4:25 p.m. Appl. No. 4237 - sons or represenutives desiring t which will exceed four-ft. height County Tax Map Parcel No. 1000-97- ROBERT PELLIGRINI. This is a ~ heard in the above matters. Wr requirement when located in the front &1.2. - request; for an amendment to Special comments may also be submitted ; yard. Location of Property: 68755 8. 7:55 p.m. Appl. No. 4234 - Exception No. 4065 (rendered January to the conclusion of the subject I C.R. 48, Greenport, NY; County Tax ALEX and MARION WIPE. Ibis is 23, 1992, for the processing of grapes ring. Each hearing will not start be Map Parcel No. 1000-33-5-14. a request for a variance under Article grow lil the premises and sales of the times designated above. If 3. 7:35 p.m. Appl. No. 4232 - 111, Section 100-33C for permission to grape- mie) to convert "making facility THOMAS PALMER and JOAN locate an accessor y garage with portion t wish to review the atloa or see GIBBS. This is a request for a vari- fr existil:4for pri,.privat t ae a coo :not request more jnall 765-1809 plux a use. Location of not hesitate to call act ante under Article IIIA, Section 100- - - required d uired 40 R. front setback yard less than the e (kdtche setback. This Prope : 23005 Main Road; our office. 30A.3, based upon the March 2, 1994 parcel is nonconforming with a lot Cutcho Sue, NY; County Tax Map Dated: April 19, 1994. - Notice of Disapproval for a lot-line - area of approximately 22,000 sq. ft. Parcel No. 1000-109-1-8.7. - THE change of two substandard parcels, and frontage (lot width) of I IS ft. 14.$35 a - BY TOWN ORDN O BO ARD ARD SOUTH( having insufficient area and width as Location of Property: 940 West Creek JOHN RIPP. Carryover from last OF APPS exist and as proposed. Location of Avenue, Culchogue, NY; County Tax hearing kndar.) Variance for from - GERARD P. GOEHRINC Property: 2140 and 2200 Deep Hole Map Parcel No. 1000.103-13-7, yard sedhack of new dwelling. Pri vate > B LindaAKowa Drive, Mattituck, NY; County Tax 9. 8:00 p.m. Appl. No. 4238 - Road, Fts)ters island. 1000-7-2-9. 7915-ITA21 Y Map Parcels 1000-1234-4 and 5. JON C. KERBS. This is a request for 15. 8, 5 p.m. Appl. No. 4220 - 4. 7:40 p.m. Appl. No. 4235 - a variance based upon the April 18, KIM FALLON and CYNTHIA 1994 Notice of Disapproval for a per- SUTRYK. This is a request for a vari- mit to alter roof line for a height above ante under Article 111, Section 100-33, the 18-foot limitation in a preexisting based upon the April 4, 1994 Notice of accessory building with garage and Disapproval for a permit to construct dal apartment (Pre-C.O. No. 26034 accessory b-.46$ ssued 811/74); Article IIIA, Section area. Locaareef'bt*.i°y:-5t20U 100-30A.4 (ref. 100.33). Location of Soundview Avenue, Mattituck, NY; Property: 440 Riley Avenue (previous- County Tax Map Parce11000-94-2-5. ly known as 590 Riley Avenue), 5. 7:45 p.m. Appl. No. 4231 - Mattituck, NY; County Tax Map ALEX and AFRODITE BOUKAS. Parcel No. 1000-143-4-10. This is a request for a variance under 10. 8:05 p.m. Appl. No. 4226 - Article VII, Section 100-71 B(2) which THOMAS KELLY. (Carryover from requires a lot area of 40,000 sq. B. per last hearings calendar). Special Exception use category in the 11. 8:10 p.m. Appl. No. 4203 - Residential-Office Zone District. The, KIM CAMPBELL. (Third and Final subject premises is nonconforming Hearing). This is a request for a van- containing 21,051 sq. ft. in area and ante under Article based upon the 97.76 ft. in lot width. Location of. November 30, 1993 Notice of Disap- Property: 14695 Main Road. proval for a permit to reconstruct new Mattituck, NY; County Tax Map accessory building, which replaces an Parcel No. 1000.114-8-5. accessory building existing prior to 6. 7:45 p.m. Appl. No. 4230SE - September 1993 - and which con. ~)t ALEX and AFRODITE BOUKAS. tained a nonconforming guest cottage This is a request for a Special Excep. use as an accessory to the main resi- tion under Article VIL Section 100- dente (see Pre-C.O. AZ5912 dated 71 B(2) for the proposed conversion of 5115n,l). Location of Property: Private an existing single-family dwelling to Road at East Harbor. Fishers Island, professional office(s) in this Resi- NY; County Tax Map Parcel No. dential-Office Zone District. Location 1000-4-4-16. _ of Property: 14695 Main Road- 12. 8:15 p.m. Appl. No. 4203SE- _ hL "tuck. NY; County Tax Map ROBERT E- BIDWELL. This I. a P 000'114-B-5. reyuest for a Special Exception under pl. No. 4217 - Article 111, Section 100.311103) for d DONNA approval of winery uses in existing CAS • P6'~ • APPEALS BOARD MEMBERS . , _ Gerard P. Goehringer, Chairman Serge Doyen, Jr. Town Hall, 53095 Main Road James Dinizio, Jr. * .cg P.O. Box 1179 Robert A. Villa Southold, New York 11971 Richard C. Wilton Fax (516) 765-1823 Telephone (516) 765-1809 BOARD OF APPEALS Telephone (516) 765-1800 TOWN OF SOUTHOLD April 19, 1994 TO: Applicants RE: Public Hearings - May 4, 1994 Dear Sir or Madam: We are in receipt of your recent application under the Southold. Town Zoning Ordinance and; have forwarded notice for publication this week to the local and official newspapers of. the Town, to wit: Long Island Traveler and. Suffolk Times. Copies of your file have-been distributed to the Board Members for additional review and individual- on-site inspection, expected within- the next 10 • to 14 days. If you have not already staked the proposed new construction, we ask that you please do so immediately. It is requested that one ~ of the property owners- or if the property owner is not available, then someone fully familiar with the property, appear at the public. hearing at the time specified in the attached Legal Notice. If your presentation will be lengthy, a draft or final written copy is always appreciated. You should- feel free to submit additional- documentation to support this application at anytime before, or during, the public.hearing. If you have any questions, please call our office. Yours very truly, Linda Kowalski Clerk, Board of Appeals Enclosure Mailing List for 5/4/94 Hearings Notice: Claude A. Sher 43 Ridge Road Robert T. Bayley, AIA Searington, NY 11507 150 LAKEVIEW Terrace Rudolph H. Bruer, Esq. East Marion, NY 11939-0595 Main Road Southold, NY 11971-1466 Delivered to NEWSPAPERS 4/19/94 Mr. Thomas A. Palmer P.O. Box 218 Copies of all files in board boxes Cutchogue, NY 11935 and to Chairman 4/19/94. Kim Fallon 55 Harbor View Avenue Mattituck, NY 11952 Copy of legal notice to: Mr. Jon C. Kerbs Town Clerk (for coord.) 440 Riley Avenue Building Dept. Mattituck, NY 11952 - Posted on Town Clerk Bulletin Board Mr. Frank Cichanowicz on 4/19/94. Briarcliff Landscape P.O. Box 222 Peconic, NY 11958 Samuels E Steelman Architects 25235 Main Road Cutchogue; NY 11935 Stephen L. Ham II1. Esq. 45 Hampton Road Southampton, NY 11968 Mr. Henry E. Raynor, Jr. 320 Love Lane Mattituck, NY 11952 Mr. and Mrs. Alex Wipf 940 West Creek Avenue Cutchogue, NY 11935 Mr. John Thatcher F.I. Nature Conservancy P.O. Box 132 Green Village, NJ 07935 APPEALS BOARD MEMBERS ~O~OS~f fOt COG SCOTT L. HARRIS ~ ex n Gerard P. Goehringer, Chairman y x Serge Doyen, Jr. p Town Hall, 53095 Main Road James Dinizio, Jr. P.O. Box 1179 Robert A. Villa Southold, New York 11971 Richard C. Wilton Fax (516) 765.1823 Telephone (516) 765-1809 BOARD OF APPEALS Telephone (516) 765-1800 TOWN OF SOUTHOLD. April 14, 1994 S.E. .R.A. TYPE II ACTION DECLARATION Appeal No. 4236 Project/Applicants: Eleftherios Pappas and Others County Tax Map No. 1000-33-5-14 Location of Project: 58755 C.R. 48, Greenport, NY Relief Requested/Jurisdiction Before This Board in this Project: Construct fence/gate and gate post in front yard which will exceed four-ft. height requirement 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)), this determination shall have no affect upon any other agency's interest or SEQRA determination as an involved agency. For further information, please contact the office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. Original posted on Town Clerk Bulletin Board, Town Hall Copies to applicant or his agent and individual board members. Copy placed in 2BA project file for record purposes. me oypEfOlKCO JUDITH T. TERRY = = Town Hall, 53095 Main Road P.O. Box 1179 REGISTRAR F VITAL STATISTICS Southold, New York 11971 MARRIAGE OFFICER Q O~ Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Zoning Board of Appeals FROM: Office of the Town Clerk DATE: April 14, 1994 RE: Zoning Appeal Appl. No. 4236 - ELEFTHERIOS PAPPAS Transmitted herewith is Zoning Appeal Appl. No. 4236 - ELEFTHERIOS PAPPAS together with the Notice of Disapproval from the Building Department, the Notices to Adjacent Property Owners, the Short Environmental Assessment Form, the Zoning Board of Appeals' Question- naire, the Application for Building Permit 6 Map, a copy of the property deed, and a copy of the Survey Map. Judith T. Terry Southold Town Clerk RECEIVED TOWN OF SOUTHOLD, NEW YORK APR 14 1994 APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL ~.JO. a 3 Sat7thold own Clerk DATE TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. . ,,,NYr.. 1.1103 . 1 (We) El................................ ftherios Papas__ Of ,,,3.0,-22 3.4.th St.....Astoria. Name of Appellant Street and Number Astoria NY.................HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO DATED ku3uS.t...3.1,....12.92.............. WHEREBY THE BUILDING INSPECTOR DENIED TO William H. Price, Jr., Es attorne for owner y Name of Applicant for permit of 828 Front St., PO Box 2065, Greenport, NY 11944 . . Street and Number Municipality State (X]j PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( ) 1. LOCATION OF THE PROPERTY ...68755 County,,,Road...#48~..Greenportt NY Street /Hamlet / Use District on Zoning Map District 1000 Section 033 Block 05 Lot 014_. Current Owner Eleftherios Pappas and others 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 XX1II Section 100-231 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (x ) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) 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 Nask (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 .................................Dated REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 Wk A Variance to the Zoning Ordinance is requested for the reason that Fence (gate) and gate post exceed permitted 4 foot height in front yard. Form ZBI (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because the requested relief is necessary to prevent the practical difficulty of not constructing a fence that is in similar design and character to the fence immediately adjoining applicant's property to the west. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because immediately to the west of this property is a residence which has a fence with such gates, and-to put up a fence other than one similar to the fence to the west would be disharmonious. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the relief requested is merely for the construction of a fence and gate where the fence portion complies with the zoning ordinance and the gate portion will provide symetry with the other properties. STATE OF NEW YORK ss i/ C ` COUNTY OF SUFFOLK 1 R dolph~Bruer, asnat[torney for Eleftherios and others Pappas Sworn to this ..........14th day of April..................................... 19 94 ~ / Notary Public ` AWFROST ftmw- Suft Of NOW vat No. 468'. p CommmasiediM~t~ B.L.'S 'r? BOARD OF APPEALS TOWN OF SOUTHOLD In the Matter at the Petition of Vleftherios Pappas and others NOTICE to We Board of Anneals of the Town of Southold TO ADJACENT TO: Paul Henry PROPERTY OWNER Mr. and Mrs. Joseph Misuraca Robert and Sophie Geehreng Joan A. and Dorothy Olsen Maryann Groll YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold torequest a(Variance)tffi7[~G4RRt71H~~($Rgl¢(j{~j¢ (Other) [circle choice] 1 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: ~scTM 1noo-.1 - S_ld ra~~5 r t try J utn dn, Greenport. New York 11944 3. That the property which is the subject of such Petition is located in the following zoning district: "A" - Residential/Agricultural 4 That hs such Petition, the undersigned will request the following relief: permission to retain an existing fence (gate) and gate post which exceed the permitted foo height in frnnf- yard S. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article XXIII Section 100-231 [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (516) 7d5-1809. 7. That before the/relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated:' April 12, 1994 4neitioer udolph H. Bruer, Esq. Owners'Names:Eleft~s Pappas & others Post Office Address Main Road PO Box 1466 so»thold. New York Tel. No. ( 516) 765-1222 [Copy of sketch or plan showing proposal to be attached for convenience purposes.] 00 PROOF OF MAILING OF NOTICE P 283 754 479 ATTACH CERTIFIED MAIL RECEIPTS Receipt for NAM ADDRESS Certified Mail No Insurance Coverage Provided Do not use for international Mail PoS,.ruw~. (See Reverse) se„~ ~Mr. & Mrs Geehreng Paul Henr Box 466 Eastwood Drive Y 236 North Road, Bo P Cutchogue,a NY 11935 Greenport, NY 119 PI)518Vr' ~ Y Joseph J. Misuraca 50 Highwater Avenue and wife Massapequa, NY 1.I sr„, at arr, a. Robert and Sophie Geehreng Box' 466 V E re. astwood Drive Cutchogue, NY 119: as rr " 11 ~l m h 8 Dare ~Rat eipt Shuw n9 to WhP1.. John A. and Dorothy Olsen 785 Sutton Place C °a'" Add 3 lorni ra rGreenport, New Yor} c $ r. $ Postmark or Date Maryann Groll 665 Sutton Place vaoi Greenport, NY 1194 E o LL N a STATE OF NEW YORK I ss.: COUNTY OF SUFFOLK) FLORENCE GONZALVEZ residing at NAUGLES ROAD, MATTITUCK New York . being duly sworn, deposes and says that on the 1_ day of APRIL 19 94 deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at SOUTHOLD, NEW YORK ; that said Notices were mailed to each of said persons by (certifiedRglIl5 (z,Ys Xdq mail. i FLORENCE GON7ALVEZ 4- Sworn to before me this 14th day of April I_g 94 C't9-rr9.n,.. otary Pub~lic LINDA J. COOPER Notary PuMle, State of Now York No. 4822563, Suffolk County Y Term Expires December 31, / (This side does not have to be completed on form transmitted to adjoining property owners.) -~A M aQ . t 000- 33 5- E.P Q o_~ - ^Jy• FENGF 12 -t r' 6?~/ S i G7 i t ~ t s ' gyp' I l O . 1 FEJCE ;*10 lf T' t? Eiv ~E H i e4 44- 7- t fl -F F G~ Al r h+ IGH3 t y- .0 vvrTH t 0 f tj"- o ivft~l I f t ~ I r - - t 1+-LEM f2/87)-Text 12 PROJECT I.D. NUMBER 617.2 SEOR Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I-PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT /SPONSOR 2. PROJECT NAME Rudolph H. Bruer Es q. 3. PROJECT LOCATION: Municipality Green port county Suffolk 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) SCTM 1000 - 033 - 05 - 14 68755 Country Road 48, Greenport, New York 5. IS PROPOSED ACTION: - • QNew ?Expansion ? Modificationlalteration 6. DESCRIBE PROJECT BRIEFLY: erect fence (gate) and gate post exceeding permitted 4 foot height in front yard 7. AMOUNT OF LAND AFFECTED: Initially 9,907 acres Ultimately 2--2-0-7- acres S. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ? Yes EiNo If No, describe briefly 9. Wll'HAT IS PRESENT LAND USE IN VICINITY OF PROJECT? 7pq Residential ? ridustrial ? Commercial ~T~sy ( Agriculture ? Park/Forest/Open space ? Other Describe: .."A" - residential/agricultaral 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? ® Yes ? No If yes, list agency(s) and permit/approvals - variance from the Southold Town Board of Appeals 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ? Yes QNO If yes, list agency name and permit/approval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ?Yes [3 No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor nam. Rudolph H. Bruer, Esq. \ Date: 4114/94 \ Signature: 1 If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER PART II-ENVIRONMENTAL ASSESSMENT (To be completed by Agency) A. DOES ACTION EXCEED ANY TYP RESHOLD IN 6 NYCRR, PART 617.12? If yes, c ate the review Process and use the FULL EIAF. ? Yes ? No 4F I S. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negative tleclaratlon may be superseded by another Involved agency. ?Yes ?No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) Ct. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: p C2 Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats. or threatened or endangered species? Explain briefly: C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly. C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly. C6. Long term, short term, cumulative, or other effects not identified in C7-C5? Explain briefly. - C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly. D. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? ? Yes ? No If Yes, explain briefly r PART III-DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (C) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. ? Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. ? Check this box if you have determined, based On the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necessary, the reasons supporting this determination: NamC nl lead AxeneY Print or f ype Name of kewons,bie Ufhcer in Lead Agency frt a of artponvble Uukrr Nanat or "sponvble Ulhcer m Lead Aaenty $,Nnature of Pre arer It different Irom rrs p 1 pons,ole orrrcerl . me ,c _ 2 - - - - - - - - - - - - - QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (separate sheet may be attached.) Eleftherios Pappas Theano Pappas Greaorv Athanasooovlos Alexandra Athana opovlo B. Is the subject premises listed on the real estate market for - sale or being shown to prospective buyers? { } Yes {X } No. (-If Yes, please attach ropy of "conditions" of sale.) C. Are there amy proposals to change ar alter land centeurs? { } Yes fxyJ No D. 1. Are there any areas which contain wetland grasses? n_ 2. Are the wetland areas shown on the map submitted with this application? T 3. Is the property bulkheaded between the wetlands area and the upland building area? n/a 4. If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? n/a E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? no (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fences which exist and are not shown an the survey map that you are submitting? yes If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? no If yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state. H. Do you or any co-owner also own other land close to this parcel? If yes, please explain where or submit copies of deeds. 1. Please list present use or operations conducted at this parcel single family dwelling and proposed use single ami y we i.ng wi en ee A g ignature and Date 3/87, 10/901k § 97-13 WETLANDS § 97-13 TOWN - The Town of Southold. TRUSTEES - The Board of Trustees of the Town of Southold. [Added 6.5-84 by L.L. No. 6.19841 WETLANDS [Amended 8-26-76 by L.L. No. 2-1976: 3-26- 85 by L L No.6-19s5k • A. TIDAL WETLANDS: (1) All lands generally covered or intermittently cov- ered with, or which border on, tidal waters, or lands lying beneath tidal waters, which at mean low tide are covered by tidal waters to a maximum depth of five (5) feet, including but not limited to banks, bogs, salt marsh, swamps, meadows, flats or other low lying lands subject to tidal action: (2) All banks, bogs, meadows, flats and tidal marsh subject to such tides and upon which grows or may grow some or any of the following. salt hay, black grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, groundsel. marshmallow and low march cordgrae~c•and/or (3) All land immediately adjacent to a tidal wetland as defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. B. FRESHWATER WETLANDS: (1) "Freshwater wetlands" as defined in Article 24, Ti. tle 1, § 24-0107, Subdivisions 1(a) to 1(d) inclusive, of the Environmental Conservation Law of the State of New York: and (2) All land immediately adjacent to a "freshwater wet- land." as defined in Subsection B(1) and lying with- in seventy-five (75) feet landward of the most land. ward edge of a "freshwater wetland:" 9705 z•xs•es `f it IrP •r / v y Standard N.Y.^.T.U. Form g002* 1.0)I nargaln ind Sale Deed, With C.vruant against G~•'s Actr-Individual or Corporation. (single sheet) IF CONSULT YOUR LAWYER ROOFS SIGNING THIS INSTRYMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY- 3 -,N Lwe9.79Pe(.,E124 ( z6z7~ ; THIS INDENTURE, made the 23rd day of April nineteen hundred and eighty-two BETWEEN WALTER F. SLEDJESKI and SOPHIE T. SLEDJESKI, his wife, both residing at'(No North•Rgad, Greenport, New York 11944; party of the firat'part, and ELEFTHERIOS PAPPAS and THEANO PAPPAS, his wife, both residing at 30-22 34th Street, Astoria, New York, as tenants by the entirety in respect to a one-half mdivided interest in the subject premises, and. GREGORY ATHANASOPOYLOS and =XANDRA-ATHlANASOPOYLOSO ;his wife, both residing at 30-22 34th Street$ Astoria, New.,York, as'rtenants.by the'eritirety in respect to a one-half undivided interest in the subject 9.re=1se$1 ' party ~f tl)~It. (pat'tr yV1T{1 ETF1, that the party of the first part, in consideration of Ton Dollars and other valund part, thereirs paid.bytfie'party pf the second part, does hereby grant and release unto the party of the second part, the h heirs or suceCSSOrs alt sgelaigna of the party of the second part forever, ALL'that'certain:plot, piece'Pr parcel of, land, with the buildings and improvements thereon erected, situate, 9yittQan&*in RI,near?Greenport, in the Town of Southold, County of Suffolk and State `of New, York, bounded and described as follows: BEGINNING a'tt',d monument on the northerly line of Middle Road (C'.R. 27) at the southgasterly,corner of the premises herein described and which monument also marks the sputhwssterly.cgrner of land now or formerly of Tasker; rt9ming thence along the said northerly line of middle Road (C.R. 27) south 77 degrees 57 minutes 30 seconds west 200.36 feet to land heretofore conveyed by Joseph M. Sghneider'and Kathryn D. Schneider, his wife, to-Leighton L. Phelps; rtinraug then9w along said last mentioned land north 16 degrees 32 minutes 20 seconds 44t',474.83-feet to land of "Eastern Shores at Greenport" as shown on map filed in the gffice Qtf the Clerk of the county of Suffolk on April 27, 1964 as Map No. 4021; rutlning. sthenae, along. "said land of "Eastern Shores at Greenport• north 76 degrees 37,minutes 40 seconds east 203.32 feet; running thence still along land of "Eastern Shores at Greenport" and along land now 4r formerly of Taaker south 16 degrees 13 minutes 40 seconds east 479.64 feet to the monument 'on the northerly ;;,side of Middle Road (C.R. 27) the point or place of BEGINIIIVG. . BEING and intended, to be the same premises conveyed to the party of the first part by deed,from,Miehael:Dorcic and Ann Dorcic, his wife, dated June 29, 1968 and rscorded in ¢1te Suffolk County Clerk's office on July 1, 1968 in Liber 6373 cp 377. e. 'rAX MAl' DHSIGNATION Dist. 1000 - TQGET}fER with all right; title and interest, if any, of the party of the first part in and to any streets and roads aVu4ting the"above described premises to the center lines thereof; TOGETHER with the appurtenances Sec. 033.00. and al] the estate and right* of the party of the first part in and to said premises; TO HAVE AND TO I101 D the prenuses herein granted unto the party of the second part, the heirs or successors and assigns of ~Wk. 05.00 'the gprty; of thq sbcpnd part forever. 'Lot(s)014.000t ii, 41 tFt AND the party of the first part covenants that the party of the first part has not done or suffered anything wheraby the said 'ppremises have been T ubered in any way whatevr, except as aorsaid. AND r,ty Ethe firt part, in co liance with Seion 13 of the Lien Law, covenants that the party the first prt will receive the considern for this coneyance and will hold the right to receive such consfd- cration as trusflund to lie applied fifor the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same For any other purpose. The. wnrd"party".shall be construed %s if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above V written. Ix pltESexca op:, V ' r r V a ter F, S edj c>_ So is T. Sledjeski , EW YORK, COUNTY OF SUFL $ss STATE Of AEW YORK,Y':Oi sss 23rd day of April 19 82 , before me On the day of 19 before me ~nally came Walter F. Sledjeski and personally, came ' Sophie T. Sledjeski, his wife to me known to be the individuals described in and who to me known to be the indivJ(ltW described in and who executed the foregoing instrument, and acknowledged that executed -the fore~$ing instrutiierit, and "tKktpwledgtd that they executed the same. executed the same. Notary lic 1 IRVING L. PRICE; JR. b , NOTARY PUSLIC, STATE OF NEW YORK Residing in SEIfoik Co. it time of appointment 5 - YY Commission Etpilas March 30, 101 l~J•3/4/9/l b - STATE OF NEW YORK, COUNTY OF ss: STATE OF NEW YORK, COUNTY,911, ssE, On the day of 19 before me On the day of before Dle personally came personally came to me known, who, being by me duly sworn, did depose and the subscribing ;itnes* to t11,~ foregotn& ms,irument, with say that he resides at No. whom 'I am personally acquainted, who, `being by the duly sworn, did depose and say that," be resides at No. + that he is the of that he knows the corporation described in and which executed the foregoing instrument; that he c be the individual knows the seal of said corporation ; that the seal affixed described in and who executer; the <foregoing instmment ; to said instrument is such corporate seal; that it was so that he, said subscribing witness, wis- present and saw affixed by order of the board of directors of said corpora- execute the same„and"that „ he, said witness, lion, and that he signed h name thereto by like order. at the same time subscribed h' 'name, BE witness thereto. JdTgaitt ant ,6411 IWO SECTION , WITH COVENANT AGAINST GRANIuK*5 AC I'S v' ..BLOCK. ' .r- TITLE No. 8208-273760 LOT ^ Sledjeski CQUNTT_Q% r9WN ; +i TAX RILL 140 ADDRESS Pappas & Athanasopoylos Regor"d At Regooatof The Tito ouarantse. Company RETURN' BY MA,(L;TOI T. STANDARD FORM Of NEW YORK =OF THE UNDERWRITERS i.S I . 17199riarrAd by William HfAt 1 Jrr ~Att°rneY &t<,:ri t law , TITRE GUARANTEE- 8213 Front,3tCeet ~F NEW YORK Greemport;, New Yor)e 1199a s ATICAR COMRI1r1Y Zip' 0 O 10 co LLIOZ LOU _-j Z) 0 ~J{la'{ yf1V'1a+ aim ^Z rr roU Zz E 9 ~rK N _N H il