HomeMy WebLinkAbout4198
APPEALS BOARD MEMBERS
C,~rsrd R Goehringer, Chairnmn
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Richard C. Wil~on
Telephone (516) 765-1809
BOARD OFAPPEALS
TOWN OFSOUTHOLD
FINDINGS AND DETERMINATION
SCOTT L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
Appl. No. 4198:
Matter of DR. GEORGE KOFINAS. Variance to the Zoning
Ordinance, Article XXIII, Section 100-231(A) for approval of
fence height above four feet, as exists. Location of Property:
552 East Road, Cutchogue, NY; County Tax Map Pamcel No.
1000-110-7-18.2.
WHEREAS, after due notice, a public hearing was held on
October 18, 1993, and at said hearing all those who desired to
be heard were heard and their testimony recorded; and
WHEREAS, the Board has carefully considered all testimony
and documentation submitted concerning this application; and
WHEREAS, Board Members 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 application, appellant requests approval of the
placement of a fence located within and along the front yard
areas at a total height of six feet. The length of the fence is
approximately 155-160 feet in the front yard, and approximately
the entire length of the northerly, easterly, and southerly
property lines. All of the fencing is six feet in height,
however, a variance is not required for those yard areas other
than the front yard. This fence enclosure is intended to fully
enclose the entire parcel.
2. A copy of a survey prepared by Roderick VanTuyl, P.C.
has been submitted with this application which shows the
following improvements: (a) preexisting two-story,
single-family stucco dwelling; (b) 20' by 40' inground pool
constructed under Building Permit No. 20329 issued 12/12/91;
(c) accessory storage building near the beach, (d) bulkhead
along Great Peconic Bay.
P e 2 - Appl. No. 98
Matter of DR. GEORGE KOFINAS
Decision Rendered October 18,
1993
The pool and fence enclosure will require final approval by the
Building Department concerning the application for a Certificate
of Occupancy under the 12/12/91 Building Permit.
3. Article XXIII, Section 100-231 of the Zoning Code
provides that a fence to be situated along the front property
line be erected and maintained at a height not exceeding four
feet. (Fences along the side and rear yard areas are
permitted at a height up to 6-1/2 feet.)
4. It is the position of the Board in considering this
application that:
(a) the property is uniquely situated at the end of a
private right-of-way located off the south side of East Road,
which is screened on both sides by hedges at a height of
approximately eight feet;
(b) the circumstances are not personal to the
landowner;
(c) the relief requested is not substantial;
(d) the application does not involve a request for an
increase of unit density;
(e) the relief requested will not cause a substantial
effect on available governmental facilities since the structure
is a fence for security, screening and privacy purposes;
(e) the relief requested is not unreasonable due to
the uniqueness of the property and the surrounding areas;
(f) there is no other alternative available;
(g) the variance will not in turn be adverse to the
safety, health, welfare, comfort, convenience, or order of the
town, be adverse to neighboring properties, or alter the
essential character of the neighborhood since there is other
(natural) screening at heights above four feet near the area of
this fence.
Accordingly, on motion by Chairman Goehringer, seconded by
Member Dinizio, it was
RESOLVED, to GRANT relief for the placement of fencing in
Page 3 - Appl. No. 4198
Matter of DR. GEORGE KOFINAS
Decision Rendered October 18, 1993
or along the front yard areas at a maximum height of six feet,
as requested.
Vote of the Board: Ayes: Messrs. Doyen, Dinizio, Wilton
and Goehringer. {Member Villa was absent (out of town)}.
This resolution was duly adopted.
lk
RECEIVED AND FILED BY
THE SOUTHOLD TOWN CLERK
DATE /~'/~ /°~HOUR /~ ~N~,
Town Clerk, Town of Southold
APPEALS BOARD MEMBERS
Gerard R Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Richard C. Wilton
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
NOTICE OF PUBLIC HEARINGS
SCOTT L. HARRIS
Supervisor
Town Hall, 53095 Main Road
lqO. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
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 MONDAYt OCTOBER 18t 1993 commencing at the
times specified below:
1. 7:30 p.m. Appl. No. 4193 - NICK CYPRUS for a Variance to
the Zoning Ordinance, Article XXIV, Section 100-244B for
permission to construct garage addition with a reduced westerly
side yard at less than the required 10 feet, and total sideyards
at less than 25 feet. Location of Property: 1100 Sound Beach
Drive, Mattituck, NY; County Tax Map Parcel No. 1000-99-1-4.1.
The subject premises is a nonconforming, substandard lot having
an area of approximately 18,500 square feet, located in the R-40
Low-Density Residential Zone District.
2. 7:35 p.m. Appl. No. 4197 - Application of HARLEY B.
ARNOLD for a Special Exception as provided by Article IIIA,
Section 100-30A.2B approving an Accessory Apartl~ent use in
-Page 2 - Notice o~earings
Southold Town Boar~'of Appeals
Regular Meeting of October 18, 1993
conjunction with owner's residency in this existing dwelling
situate at 1455 Albo Drive, Laurel, NY; County Tax Map Parcel
No. 1000-126-3-16.
3. 7:40 p.m. Appl. No. 4194 - Application of RACHEL VOEGELIN
for a Variance to the Zoning Ordinance, Article III, Section
100-33 for an accessory satellite dish structure, as installed,
in the southerly yard area (known as front yard area under the
zoning definitions). Location of Property: 58473 (ROW off)
Main Road, Southold, NY; County Tax Map Parcel No.
1000-55-6-33.2.
4. 7:45 p.m. Appl. No. 4192 - ROGER AND MADELYN STOUTENBURGH
for a Variance to the Zoning Ordinance, Article XXIII, Section
100-231A, for approval of man-made berm, as situated, with a
height in excess of four feet from ground level at 505 Skunk
Lane, Cutchogue, NY; County Tax Map Parcel No. 1000-97-4-3.
5. ~:50 p.m. Appl. No. 4191 - BECKY JOHNSTON for a Variance
under New York Town Law, Section 280-A, for acceptance of
minimum standards of improvements over new easement right-of-way
areas, as modified since the prior Appeal Hearing and
Determination rendered under Appl. No. 3478 on 9/11/86.
Location of Right-of-Way or Easement Area: Commencing at a
point along the north side of Oregon Road, Cutchogue, along the
Pa~e 3 - Notice oeearings
Southold Town Board Of Appeals
Regular Meeting of October 18, 1993
westerly side of lands of Bokina, over lands now or formerly of
William J. Baxter and others identified as Lot 1.9, Block 1,
Section 72, extending northerly approximately 1035 feet, to a
point, thence running in an easterly direction approximately 563
feet to the applicant's parcel of land identified as Lot 1,
Block 2, Section 73, District 1000, all as shown by survey
amended June 17, 1992, prepared by Roderick VanTuyl, P.C.
6. 7:55 p.m. Appl. No. 4196 - Application of ALLEN OVSIANIK.
Request for a Variance under Article XX, Section 100-101C for
permission to place canopy-type sign at westerly side of
existing principal building to advertise "Eastern Tire, Wheel
Alignment, Mufflers". Location of Property: 32930 Main Road
and easterly side of Eugene Road, Cutchogue, NY; County Tax Map
Parcel ID No. 1000-97-2-15 and 16.5, containing a total combined
lot area of 1.85 acres, a portion of which is located in the "B"
General Business Zone District, and the remaining portion in the
"R-80" Residential Zone District.
7. 8:00 p.m. Appl. No. 4195 - Application of PETROL STATIONS,
LTD. Request for Variance to the Zoning Ordinance, Article
VII, Section 100-72 for approval of more than one principal use
on proposed Lot No. 4 of 39,219+- sq. ft. (exclusive of
right-of-way area). Applicant is also before the Southold Town
Planning Board for a four-lot minor subdivision. The premises
Pa~e 4 - Notice o~arings
Southold Town Boar~ Of Appeals
Regular Meeting of October 18, 1993
presently contains a total lot area of 5.835 acres and is
improved with: (a) the northerly building which was converted
in 1988 from a barn for the storage of antiques to an
architect's office as shown on the site plan map prepared by
Samuels-Steelman, approved by the Planning Board 12/14/87; (b)
the front main building utilized as a single residence and a
real estate office; (c) a separate garage structure; (d) a
separate shed. Location of Property 25235 Main Road,
Cutchogue, NY; County Tax Map Parcel No. 1000-109-1-23.
8. 8:15 p.m. Appl. No. 4198 - DR. GEORGE KOFINAS. Variance
to the Zoning Ordinance, Article XXIII, Section 100-231(A) for
approval of fence height above four feet, as exists. Location
of Property: 552 East Road, Cutchogue, NY; County Tax Map
Parcel No. 1000-110-7-18.2.
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 call
765-1809 or visit our office.
Dated:
October 4, 1993.
BY ORDER OF THE SOUTHOLD
TOWN BOARD OF APPEALS
GERARD P. GOEHRINGER
CHAIRMAN
By Linda Kowalski
X
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTIIOLD, N.Y.
NOTICE OF DISAPPROVAL
Date ~p.t .e.m[~ r 23, .....
................... 19 93
To . .~e.o.r~ & Maria Koflnas
30-82 36th Street
Astoria, New York I I 103
PLEASe. TAKE NOTICE that your application dated SEPTEI, ffiER 9, lO 93
for permit t~[ FOR . A FENCE A~ ERECTED
Location of Property 552 EAST ROAD COTCHOI3u~., N.Y.
HoJ$'o ~io. ' ....................................
Street Ham/et
County Tax Map No. 1000 Section .... .I.19 ....... Block . .7.. · Lot 18.2
Subdivision ................. Filed Map No ................. Lot No ..................
is returned herewith and disapproved on thc following grounds .I~.NCES WBEN LOCATED IN
, ~ FRONT YARD SI~LL NOT EXCEED 4' IN HEIGHT. ZONING CODE OF 'l'tt~ TONN OF
SOUTNOLD ARTICLE XXIII CitAPT. 100-231 (A).
}AC}I;N REQUIRED EY '1'1t1~ ...........
ZONING BOARD OF APPEALS.
'"" ..................
idxnq Inspector
~GARY J. FISH
RV 1/80
FORM NO. 1
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN HALL
SOUTHOLD, N.Y. 11971
TEL.: 765-1803
Examined ................ ,19...
Approved ................ , 19... Permit No ............
Disapproved a/c ................................ : ....
BOARD OF IIEALTII .........
/3 SETS OF PLA~IS .........
SURVEY
CII~CK
~DTI~y~
CALL ..................
}tAIL TO:
~V\~.~ ~,~,~s ~ ·
(Building Inspector)
APPLICATION FOR BUILDING PERMIT
Date'tl-~.l.h~. ·: ........... 19 .q~.
INSTRUCTIONS
" a. Tiffs application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3
sets of plans, accurate plot plan to scale. Fee according to schedule.
b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public sti'eets
or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli-
cation. ·
c. The work covered by tiffs 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
shall be kept on the premises available for inspection throughout the work.
e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate'of Occupancy
· shall 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
Building Zone Ordinance of the Town of Southold, Suffolk County, New York and other applicable Laws, Ordinances or
Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein deseribkd.
The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to
admit authorized inspectors on premises and in building for necessary inspections.
PP , or name, if a corporation)
(Mailing address of applicant)
State whether applicant is owner, lessee, agent, architect, engmeer, general contractor, electrician, plumber or builder.
(as on the tax roll or latest deed)
If applicant is a corporation, signature of duly authorized officer.
Builder's License No ..... .o. ¥~.~5..e.C ...........
Plumber's License No.
Electrician's License No~
Other Trade's License No ......................
1. Location of land on which proposed work will ae done ............................... ~ ................
55'2-- 6,,~x ...t~..~..&. c__,..4c. 1~.~..~..e..'...
IIouse Number Street Hamlet ...........
Connty Tax Map No 1000 Section ...1:[ .O ........ :... Block ...7 ......... i... Lot..P.a.,'.t.p.,t... ~o.'l,..~.1.$..
Snbdivision ..................................... Filed Map No.
(Name) ....... ; ...... Lot ...... : ........
~. State existing use and occupancy of premises and intended use and occupancy of proposed ~onstruction:
a. Existing use and occupancy ..... --~.(~.~x.[.~.'....~t;xbat ) ¥... [4..o~\l.~...
b. Intended use and occupancy .~g~q .~:....~..q..~0~.~.'g.~.~ .... -~...1~ g, .~ Fg.I'I ~ .K.~- .....................
3. Nature of work [check which a~cable): New Building ......... Addit: Alteration ..........
Repair .............. Remain .............. Demolition .............. Other Work. ~.. ~'~.,.¢.~; ........
(Description)
4. Estimated Cost .. | ~.o..o.Q., .o.,p ......................... Fee
(to be paid on filing this application)
5. If dwelling, number of dwelling units ............... Number of dwelling units on each floor ................
. If garage, number of cars
6. If business, commercial or mixed occupancy, specify nature and extent of eacli type of use .............
7.
Dimensions of ex isting structures if any: Front ............... Rear .............. Depth ..
Height ............... ~umber of Stor es .. i ................. - ............................
Dimens ons of same structur,, w th a terat ons or addit ons 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 . ' .......................................
....... · ................... Depth ........
10. DateofPurchase ....~.\.3..q.\~ix::i:ii:ill Rear..
....... Name of Former Owner Hxt-~tg,~. New ~O.~'(~L .....
l 1. Zone or use district in which .....................
premises are situated ......................................
12. D°es pr°p°sed construcrion violate any zoning law, ordinance or regulation: ...............
13. Will lot be regraded ................................
14. Name of Owner of pr~;n'i~s' ~;;;;~' ' ~';/,'~; ~ ...... Will excess fill be removed from premises: Yes No
Name of Architect ~' ~'' ~;A ' < c; e t ~ ~ ~ .... Address ................... Phone No.(.n.I
........................... Address .............. Phone No
Name of Contractor c ,.~ ~x e~- ^ ................. i ....
. .. · ....................... ,-,ddress ... Phone
[5. ~-s tn:ts property within 300 feet of a tidal wetlandg'''*'v .........................
. *If yes, Southold Town Trustees Permit may be required. No . .
PLOT DIAGRAM
Locate dearly 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 corner lot.
STATE OF NEW YO~._ ee..,,~/~c
· COUNTY OF ..... .L~.i ....... S.S
.... ' '~' '~'O" 'rt~ '~' ' ' ~>' ' ' '~'~4 '~'/' [~/? '~· .... '~/. ~- being duly sworn, deposes and says that he is tlie applicant
(Nd?ne of individual signing contract) ....
~bove named.
it~lsthe (Contractor, agent, corporate officer etc.) '" ............
,[ said owner or owners and is duly authorized to perform or have performed t ~e said work and to m and file this
pplication;.that all statements contained in this app ication are true to the best of his knowled e and b ..ake.
, ork wdl .be performed m the manner set forth in the appl cat on filed tlierew th g chef, and that the
.worn to nefor~m,e this
TOWN OF SOUTHOLD, NL:~/ YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR
APPEAL NO.
DATE ..... l.O-~.~ L~..~.. .......
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
I, (We) ~.f-..~.&.LJ).~..~..O.~.:8..~..?.£:!:KEt~: ......... of ~ - ~ L_ ~ 6¢1,~ ~-t ~
Name of Appellant Street and Number
l~,%~o~L~,q ^/-~' ~ ko' ~ F
......................................................... ~ ..... ,~ ................. --q'-)- ................................ H~R. BY APPEAL TO
Municipality Stat~
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO ..................................... DATED ........... .ej.~..~.J..~..'~ ...........................
WHEREBY THE BUILDING INSPECTOR DENIED TO
cF,
Nome of Applicant for permit
of ...... z.m.. ........ ...................
Street and Number Municipality State
PERMIT TO USE
PERMIT FOR OCCUPANCY
District 1000 Sectiont~ Block-/ Lotl~zx .
Map No. ' Lot No.
2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
. · section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.)
Article X)<l~ i . Section
3.' TYPE OF APPEAL Appeal is made herewith for (please check appropriate bOx)
· (~} A VARIANCE to the 7nning Ordinance or Zoning Mop
( ) .A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cans. LaWs
Art. 16 Sec. 280A Subsection 3
(')
4.. PREVIOUS APPEAL A previous appeal ~) been
Of the Building Inspector or'with respect to this property.
· Such appeal was ( ) request for a special permit
;. { ] request for a variance
~nd
made with respect to this decision
was made in Appea! No ............... : ................. Dated .................. t .......... , ........................................
REASON FOR APPEAL
( ) A Variance to Section 280A Subsection 3
('~ A Variance to the Zoning Ordinance
( )
is requested for the reason that
Ferm ZB1
(Continue on other side)
REASON FOR APPEAL
Continued
I. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP because 't.~._ ¢~:e '~'~ o,\~,A.¥ i~ 9~c~ ~ ~b~ ~ort a~ ~e ~c~
vicinity of this property and in this use district because
The hardship created is UNIQUE and is not shared by all properties alike in the immediate
3. The Variance woula observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER' OF THE DI'~ I t<ICT because
STATE OF NEW YORK ) .'"' ' - '~' /~. '~-~.z~...~..Z~....)
COUNTY OF ~)~J ) · Signature / ......................
,,'~ ~'~ ~ - i ~.o-~z- t~,~_~WH OF SOUTHOLD PL~OPERTY" RECORD CARD
OWN ER
FORMER OWNER
RES. SEAS. I VL.
VILLAGE
DISTRICT SUB.
ACREAGE
LOT
~j
'1
FARM COMM.
TYPE OF BUILDING
LAND IMP. TOTAL
75 ~ ~q o
DATE REMARKS
ABOVE
Farm Acre
Tillable I
Tillable 2
Value Per Acre
Value
Tillable 3
Woodland
Swampland
Brushland
No'use Plot~'~'
Total
Extension
Exte~'~[on
, r',.t m'~"~'~
Extension
Breezeway
Foundation
Baserr~nt
Ext. Walls
Fire Place
Patio
Driveway
Porch
Porch
Bath
Floors
Interior Finish
.~ Heat
Y] '~/~ C'T- Attic
Rooms 1st Floor
Rooms 2nd Floor
Extension
Exte ~nsion
Extension
Breezeway
Foundation
Basement
Ext. Walls
Fire Place
Porch
?,
Bath
Floors
Interior Finish
Hea¢
Attic
Porch Rooms 1st Floor
Patio Rooms 2nd Floor
Driveway
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Richard C. Wilton
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
October 28, 1993
SCOTT L. HARRIS
Super~sor
Town Hall, 53095 Main Road
P.O. Bm 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
Dr. and Mrs. George Kofinas
30-82 36th Street
Astoria, NY 11103
Re: Appl. No. 4198 - Variance for Fence Height
Dear Dr. and Mrs. Kofinas:
Please find attached a copy of communications transmitted
to our office from the Suffolk County Department of Planning
after their review in accordance with the Suffolk County
Administrative Code for projects located within 500 feet of
estuaries and creeks of the Peconic Bay area and its
tributaries, etc.
You will note that the County has left this project for
local (Town) determination.
This copy is for your update and record.
Very truly yours,
Enclosure
Linda Kowalski
DEPARTMENT OF PLANNING
(
COUNTY OF SUFFOLK
ROBERT J, GAFFNEY
STEPHEN M. JONES. A.I.C.P.
DIREC'rOR OF PLANNING
October 25, 1993
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 Co~nission 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)
Stoutenburgh, Roger & Madelyn
~ofrUs, Nick
inas, Dr. George
4192
4193
4198
Very truly yours,
Stephen M. Jones
Director of Planning
GGN:mb
S/s Gerald G. Newman
Chief Planner
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
ichard
BOARD OF APPEALS
TOWN OF SOUTHOLD
scott L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
Pursuant to Article XIV of the Suffolk County Administrative Code, The
Board of Appeals of the Town of Southold, New York, hereby refers the following
to the Suffolk County Planning C~t,~ssion:
x× Variance from the Zoning Code, Article XXlII
, Section 100-231 (A)
__Variance from Determination of Southoid Town Building Inspector
~Special Exception, Article
, Section
Special Permit
Appeal No: 4198 Applicant: Dr. George Kofinas
Location of Affected Land: 552 East Road, Cutchogue, NY
County Tax Map Item No.: lO00- 110-7-18.2
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
Comments: Applicant is requesting ~~.~-m approval of fence height
above four feet. as exists.
Copies of Town file and related documents enclosed for your review.
Dated: October 21, 1993
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Richard C. Wilton
Telephone (516) 765-1809
BOARD OFAPPEALS
TOWN OFSOUTHOLD
October 20, 1993
SCOTTL. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fsx (516) 765-1823
Telephone (516) 765-1800
Dr. and Mrs. George Kofinas
30-82 36th Street
' Astoria, NY 11103
Re: Appl. No. 4198 - Variance for Fence Height
Dear Dr. and Mrs. Kofinas:
Enclosed please find a copy of the findings and
determination rendered by the Board of Appeals following the
public hearing held on October 18, 1993.
Please be sure to return to the Building Inspector and any
other.agency which may have jurisdiction for issuance of a final
permit or other certificate.
We have furnished copies of this determination to the
Building Department for their update concerning the
September 23, 1993 Notice of Disapproval.
Very truly yours,
Enclosure
Copy of Decision to:
Building Department
Linda Kowalski
Clerk, Board of Appeals
(by hand)
SQUTHOLD TOWN BOARD OF APPEALS
-14- June 14, 1979
of
of applicants. The surrounding blocks in New Suffolk all contain
much ~ller lots than what is being created in this applic~0n.
Board finds that strict application of the Or, e would
produce ical difficulties or unnecessary hardship; hardship
created is and would not be shared by all propE alike in
the immediate of the property and in the use district; and
the variance not change the character of the hborhood and will
observe the the Ordinance.
the garage for living quarters. The Board agrees with the reason~
On motion
Gillispie, seconded
Grigonis, it was
RESOLVED, that lter E. Glasser and H. Glasser, Jackson
Street, New Suffolk, )rk, be GRANTED on to divde property
with insufficient area an, )e GRANTED to convert garage
to a dwelling with ins :ut front setback. Location of property:
Jackson Street, New Suffolk, York on the north by Jackson
Street; east by Third Street; )uth Great Peconic Bay; west by Fourth
Street, subject to the followi ~:
(1) The applicant shall
exact division of the property.
(2) The addition to
to the division line on the y
(3) The addition the garage
to Jackson Street.
a current survey showing the
shall be no closer than 20 feet
~dary.
.11 be no closer than 50 feet
(4) No buildi shall be closer than ~eet to Third Street.
(5) No more 50 percent of the existi~ garage shall be
converted to livin~ iuarters when the addition is ad~ to it. /
(6) Th~e shall be no further subdivision of t~e two lots being
created by th~application. ~
(7)/Apgroval of the Suffolk County Planning Coraml~on.
/
~9~e of the Board: Ayes: Messrs: Gillispie, Grigoni~ Tuth~ll'
and Dozens. ~
./ * . , /~_.~
PUBLIC HEARING: Appeal No. 2554 - Upon application of Moebius
Associates, East Road, Cutchogue, New York (Richard F. Lark, Esq.) for a
variance to the Zoning Ordinance, Article III, Section 100-31 and Bulk
Parking Schedule for approval of a lot with insufficient area on a pro-
posed minor subdivision. Location of property: East Road, Cutchogue,
New York, bounded on the north by Williams, Spiro, Lake and Brower; east
by Williams; south by East Road; west by Fleets Neck Road.
The Chairman opened the hearing by reading the application for
SOUTHOLD TOWN BOARD OF APPEALS -15-
June 14, 1979
for a variance to the Zoning Ordinance, legal notice of hearing, affi-
davits attesting to its publication in the official newspapers, ~and
disapproval from the Building Inspector. The Chairman also read a letter
from the Town Clerk that notification by certified mail was made to:
E. T. Williams; Alfred J. Spiro; Jon T. Lake; Jessie Brower. Fee paid
$15.00
THE CHAIRM3LN: The County Tax Map indicates that this parcel.
has 2.5 acres in it. The survey attached made February 8, 1979 by Van
Tuyl and the areas are as indicated. Two lots contain 40,001 square
feet and the third contains 36,087 square feet. There is also a copy
of the letter of April 13, 1979, from the Planning Board to Mr. Lark,
which reads as follows: The following actions were taken by the Southold
Town Planning Board at a regular meeting held April 16, 1979. RESOLVED
that the Southold Town Planning Board recommend to the Southold Town
Board of Appeals approval of the request for a variance for a lot of
insufficient area in the minor subdivision of Moebius. All of the lots
in the area are of much smaller size. RESOLVED to grant approval to
the sketch map of the minor subdivision of property of Moebius subject
to action of the Board of Appeals granting a variance on the undersized
lot. Yours truly, Muriel Brush, Secretary, Southold Town Planning Board.
Is there anyone present who wishes to speak for this application?
RICHARD F. LARK, ESQ: The application I think Mr. Gillispie
pretty much states what we are here for. It is a request for an area
variance for a plot with a little less than 4,000 square feet to allow
lot No. 3 to be created in the minor subdivision which you have before
you. The Board will recall that we have been before you informally
before and after discussions with the Planning Board, it was decided to
go with 3 rather than 4 lots because the 4 lot division would require
too many variances. Other possibilities were discussed and as the Planning
Board recommended in my application they vetoed the idea of 2 because
that they felt no matter what the covenants were you would still be getting
future applications to divide that lot. This way with the zoning being
40,000 square feet, it was the Planning Board's feeling to go with 3 lots.
THE CHAIRMAN: You are going to covenant them?
MR. LARK: Yes, the Planning Board is going to require that. You
also can put that in your action. Their's is held in abeyance pending
the Board of Appeals resolution of the matter. That is how it stands right
now. Then we will go back for a formal approval.
THE CHAIRMAN: It sounded as though the night that we had the
informal discussion that we had solved the problem really well. I guess
no one liked that.
MR. LARK: We would have added some property across the street,
which the Town Attorney would have gone along with. It was felt by the
family and some of the residents in the neighborhood who would be directly
affected, it would provide too much access to the beach by allowing that.
~!They are going to keep the parcel across the street in the estate for the
present time. They will probably put these on the market and there will
sOUTHOLD TOP~ BOARD OF APPEALS
-16-
June 14, 1979
just be three additional homes in the area.
THE CHAIRMAN: Is there anyone else present who wishes to speak
for this application? (there was no response). Is there anyone present
who wishes to speak against this application?
WILLIAM McCALL: I live in the neighborhood. I do not have any
objection to the subdivision, but I would like to make one correction.
I don't think they mean to say Fleetwood Road when they say to the west.
I believe they mean Pequash Road.
MR. LARK: He's correct, it is Pequash Avenue. That is the
correct. The original name of the road was Fleets Neck Road. Van Tuyl
carries it on the survey. Not to add confusion that is why it was
written that way.
THE CHAIRMAN: We can amend the application to say Pequash Road
or Fleets Neck Road. That should take care of it.
MR. LARK: It is officially known as Pequash Avenue.
THE CHAIRMAN: There are quite a few roads like that around here.
I can think of one. Skunk Lane. Some people object to it, some people
don't.
MR. TUTHILL: Bowery Lane became Ackerly Pond Lane.
After investigation and inspection the Board finds that the
applicant is the owner of a parcel of land consisting of 2.665 acres.
The applicants applied to the-Southold Town Planning Board for a minor
subdivision consisting of three lots. Two of the lots contain 40,001
square feet and the third contains 36,087 square feet. The Planning
Board conditioned the minor subdivision upon the Board of Appeals granting
a variance for the lot containing 36,087 square feet. It should be noted
that the westerly boundary of this property is designated as Fleet's Neck
Road, but the proper name of the road is Pequash Avenue. The Board agrees
with the reasoning of the applicant since most of the lots in the surround-
ing area are considerably smaller than the size of lo~ No. 3 in the sub-
division. ' '
The Board finds that strict application of the Ordinance would
produce practical difficulties or unnecessary hardship; the hardship
created is unique and would not be shared by all properties alike in
the immediate vicinity of the property and in the same use district;
and the variance will not change the character of the neighborhood and
will observe the spirit of the Ordinance.
On motion by Mr. Tuthill, seconded by Mr. Grigonis, it was
RESOLVED, that Moebius Associates, East Road, Cutchogue, New York
be GRANTED approval of a lot with insufficient area on a proposed minor
subdivision. Location of property: East Road, Cutchogue, New York, bound[-
on the north by Williams, Spiro, Lake and Brower; east by Williams; south~
by East Road; west by Fleets Neck Road, upon the following conditions:
June 14,~1979 ~
SOUTHOLD TOWN BOARD OF APPEALS -1/-
(1) Although the Planning Board will covenant this subdivision
there shall be no further division of the lot being created by this
application.
(2) Suffolk County Planning Conunission Approval.
Vote of the Board: Ayes: Messrs. Gillispie, Grigonis, Tuthill
and Douglass.
On motion by Mr. Gillispie, seconded by Mr. Tuthill, it was
RESOLVED, that the next meeting of the Southold Town Board of
Appeals will be held on Thursday, July 5, 1979, at 7:30 P.M. (D.S.T.)
and set the following times on that day as the time and place of
hearing upon the following applications :
7:30 P.M. (D.S.T.) Upon application of Edward H. Schwiebert,
202 Round Hill Road, Roslyn Heights, New York, for a variance to the
Zoning Ordinance, Article III, Section 100-32 for permission to construct
an accessory building in. the side yard area. Location of property: Mill
Creek Drive; east by Pursel; south by Long Creek; west by MadDougall.
7:45 P.M. (D.S.T.) Upon application of Claudio's Restaurant,
Main Street, Greenport, New York (Robert Ketcham, as Agent), for a
special exception in accordance with the Zoning Ordinance, Article III,
Section 100-30 C 6 f for permission to locate an off-premises directional
sign. Location of property: Southwest corner of County Road 27 and Main
Street (State Road 27), Greenport, New York, boinded on the north by
County Road 27; east by Main Street (State Road 25); south by Henkel;
west by Mazzaferro.
7:55 P.M. (D.S.T.) Upon application of Richard and Susan Greene,
Glenn Road, Southold, New York, for a variance to the Zoning Ordinance,
Article III, Section 100-32 for permission to erect a garage in the front
yard area. Location of property: Right-of-way off Oaklawn Avenue,
Southold, New York, bounded on the north by Jockey Creek; east by Mullen
and Dunne; south by Oed; west by Gunnison.
8:10 P.M. (D.S.T.) Upon application of Jay and Mary Thomson,
695 Bayshore Drive, Greenport, New York (George Ahlers, as Agent), for a
variance to the Zoning Ordinance, Article III, Section 100-31 for permis-
sion to construct an addition to an existing house which would'cause the
usage of more than 20 percent of the building lot. Location of property:
Bayshore Road, Greenport, New York, known as Lot No. 64, Peconic Bay
Estates, Greenport, New York.
8:25 P.M. (D.S.T.) Upon application of Victor and Marion Ales,
Nassau Point Road, Cutchogue, New York, for a variance to the Zoning Or-
dinance, Article Iii, Section 100-31 and Bulk Parking Schedule for permission
to divide property with insufficient area and width. Location of property
~4eadow Lane, Cutchogue, New York, bounded on the north by Case; east by
West Creek; south by New Suffolk Avenue; west by Meadow Lane.
Page 3 - Appl. No. 98
Matter of DR. GEORGE KOFINAS
Decision Rendered October 18, 1993
or along the front yard areas at a maximum height of six feet,
as requested.
Vote of the Board: Ayes: Messrs. Doyen, Dinizio, Wilton
and Goehringer. {Member Villa was absent (out of town)].
This resolution was duly adopted.
lk
APPEA T .q BOARD MEMBERS
Gerard R Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Richard C. Wilton
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
October 4,
1993
SCOTT L. HARPJS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
Dear .~~ :
Enclosed with this letter is a copy of the Legal Notice,
as published in the Town's official newspaper (Long Island
Traveler-Watchman, Inc. located in Southold, NY). The Legal
Notice outlines a generalized description of the application
based upon the building inspector's determination, the location
of the property, the time, date and place of the public hearing.
Please have someone appear in your behalf at the time
specified in the event there are questions (and to prevent a
delay in finalizing your application). Your public hearing
will not start before the time allotted in the attached Legal
Notice. Additional time will, of course, be available.
If your presentation is lengthy, a draft or final written copy
is always appreciated. You may add any documentation to your
file that you feel is appropriate to support your request.
In the event you wish to amend your application for any
reason, you must do so prior to the submission of the
advertisement by our office in the official newspaper. An
amendment to an application must be based upon an amended Notice
of Disapproval from the Building Inspector and include other
relief and other sections of the Code to be considered, and
additional filing fee (if any). If the original application
was advertised, a separate advertisement and hearing will be
necessary for the amended documents.
Please feel free to call our office if you have any
questions or wish to update your file prior to the hearing date.
Yours very truly,
Linda Kowalski
Enclosure
Present:
PUBLIC HEARINGS
BOARD OF ZONING APPEALS
TOWN OF SOUTHOLD
Monday, October 18, 1993
(7:30 p.m. Hearings Commenced)
HON. GERARD P. GOEHRINGER,
Chairman
SERGE DOYEN, Member
JAMES DINIZIO, JR., Member
RICHARD C. WILTON, Member
HARVEY A. ARNOFF, ESQ., Town Attorney
LINDA KOWALSKI,
Clerk-Assistant to Board
Absent: ROBERT A. VILLA, Member
I N D E X
PUBLIC HEARING TRANSCRIPTS
October 18, 1993 - ZBA Regular Meeting
APPL. NO.
4193
4197
4294
4192
4191
4196
4195
4198
Applicant
NICK CYPRUS.
HARLEY B. ARNOLD
RACHEL VOEGELIN .
ROGER AND MADELYN STOUTENBURGH
BECKY JOHNSTON.
ALLEN OVSIANIK.
PETROL STATIONS, LTD.
DR. GEORGE KOFINAS.
Pages
3-6
7-9
10-12
13-18
19-30
31-41
43-89
42
-ZBA Hearings
-42-
~ober 18, 1993
APPLICATION NO. 4198 - DR. GEORGE KOFINAS
Variance to the Zoning Ordinance, Article XXIII, Section
100-231(A) for approval of fence height, as exists, above four
feet. Location of Property: 552 East Road, Cutchogue, NY;
County Tax Map Parcel No. 1000-110-7-18.2.
10:03 p.m. (The Chairman opened the hearing and read the Legal
Notice and application for the record.)
THE CHAIRMAN: I have a copy of a sketch of a survey
indicating the approximate placement of the fence, which is
almost totally foliated, except for the gate, which is very
spectacular, and a copy of the Suffolk County Tax Map indicating
this and surrounding properties in the area. Mr. Verity, you
are on. You have the floor; you have a captive audience.
Appearance: Jarvis Verity,
for the applicant
MR. VERITY: All I want to know is, Mr. Chairman, is
if they approve the variance.
THE CHAIRMAN: Does anybody have any questions of the
agent for the applicant concerning this application?
(Board members nodded "no.")
THE CHAIRMAN: I will offer a resolution to approve it.
'The N.Y.S. Environmental Quality Review Act rmquir~s
of this form, and an environmental review will be ma~e Ly submission
I~NSTRUCTIONS:
(al In order ko answer the questions in this short ~A~ it is assumed
that the preparer will use currently available information concerning the
project and the likely impacts of the action. It is not expected that
(h) If any question has bee~ answered Yes the project may be sig-
nificant and completed EnviroDmental Assessment Form is.'necessary.
(c) If all questions have been answered No it is likely that the
project is not significant.
(d) Environmental Assessmen~
1. Will project result in a large physica'l change
to the project site or physically'alter more
than 10 acres of land? __Yes :~NO
2. Will there be a major change to any unique or
~nusual land form on the site? Yes
3. Will project alter or have a large effect on
a~.existing body of water?
4.. Will project have a potentially large impact on
groundwater quality? __ Yes ~ NO
$. Will project significantly effect drainage flow
on adjacent sites? · Yes ~ No
6. Will project affect any threatened or endangered
plant or animal species? Yes ~ NO
7. Will project result in a major adverse effect on
air quality? Yes
8. Will project have a major effect on visual char-
acter of the community or scenic views or vistas
.- · k~own to be important to the community? . · . Yes ~N~
9. Wili project adversely impact 'any site or struct-'
ute of historic, pre-historic, or paleontologiual
importance or any site designated as a critical
envirenmental area by a local agency? Yes ~No
10. Will project have a m~jor effect on existing or
future recreational opportunities? _ Yes ,~No
11. Will project result in major traffic problems or
cause a major effect to existing transportation
· ' systems? .__._Yes
12. Will project regularly cause objectionable odors,
noise, glare, vibration, or electrical disturb-
ance as a result of the project.s operation? ~Yes ~No
13. Will project h~ve any impact on public health
14. Will project affect the existing community by - Yes ~No
tion of more than 5 percent over a one-year ~Yes
period or have a major negative effec~ on the
charact~ of the community or neighborhood?
Is there public controversy concerning the
project? -
~reparer.s Signature:
Representin~:
'~BA ~/~$
PROJECT I.D. NUMBER 617.21
Appendix C
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
PART I--PROJECT INFORMATION (To be ¢om~31eted by Applicant or Proiect sDonsor)
I. APPLICANT/SPONSOR I 2. PROJECT NAME
3. PROJECT LOCATION:
SEQR
AMOUNT OF LANO AFFECTED:
,n,,,.,,y .,,, u,,,..,.,. .,..
WILL PROPOSED ACT~+ON'COMPLY WITH EXISTING ZONING OR OTHER ~ISTING ~ND USE RESTRICTIONS?
~esc~em:ie~entl. I 0 InBustrial [--] Commercial
10. DOES ACTION INVOLVE A PERMIT APPROVAL. OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY
STATE OR LOCAL)?
~ Yes ~ NO If yes, list agency(s) and perm~UaoDrovais
11. COES ~NY. ~SPECT OF THE AC~;~ HAVE A CURRENTLY VALID PERMIT OR APPROVAL?
~ Yes ~O
I CERT~a THAI THE INfORmAtION PROVlOEO *aOVi IS TRUE TO THE ~ESr O~ ~Y KNOWLEDGE
.O0,,..,,,oon.o, ..,.:_C---Eoar.-[:. O. ~oF~R S
I! the action is in the Coastal Area. and you are a state agency, complete the ~
Coastal Assessment Form before proceeding with this assessment
OVER
I .(Continued on reverse s~de)
QUESTIO~AIRE
FOR FILING WITH YOUR Z.B.A. APPLICATION
A. Please disclose the names of %he owner(s) and any other
individuals (and entities) having a financial interest in the
subject premises and a description of their interests:
(Separate sheet may be attached.)
B. Is the su~jec~ premises liste~ on the real estate marnet for
~ sale-or being shown to prospective buyers? { } Yes
{~ No. (Xf ~as, D3.ea_~e a~-h c~p~ ~f "conditinr~,, of s~le.
C. Are ther~ =x~y ~upo~al~ ~o =h~nge~r al~er land cuntc%=~?
'{ } Yes ~ No
D. 1. Are there any areas which contain wetland grasses?
2. Are the wetland areas shown on the map submitted with
this application? ~J/~
3. Is the property bulkhe~aed between the wetlands area and
the upland building area? ~ 5
4. If your property contains w~tlanas or pond areas, have
you contacted the Office of the Town Trustees for its
determination of jurisdiction?
E, Is there a depression or sloping elevation near the area of
proposed construction at or below five feet above mean sea
'.level? ~/~ (If not applicable, state "N.A.")
.F.' Are there any patios, concrete barriers, bulkheads or fen~_s
'which e~t and are not shown cn the survey map that you ara
s~bmitting? ... ~ If none exist, please state "none."
. G. Do you have any construction taking place at this time
concerning your premises? ~JO If yes, please submit.a copy
of your building permit and map as approved by the Suilding
Department. If none, please state.
H. Do you or any co.-owner also own other land close to this
· parcel? ~o If yes,.please explain where or submit copies
of deeds.
I. Please list present %~se or operations conducted at this
parcel ~e~,~'~ (~ ~-~, ~ ~ and
'proposed use u - , _
Authorized Si%oa%ur~ an= Date ' --
3/87, 10/901k'
§ 97-13
WETLANDS
§ 97-13
TOWN ~ The Town of Southold.
TRUSTEES -- The Board of Trustees of the Town of
Souchold. [Added 6-5-84 by L.L. No. 6-1984!
W'ETI-~-'xTDS [Amended 8-26-76 by L~L. No. 2-1976; 3-2[$-
85by [ T. N~.6-1985]: -;'~-..'~'.")~'
A~.Y ~-I'*DAL WETLANDS:
(1) All lands generally covered or intermittently cov-
ered xvith, or ~vhich border on. tidal watar~ er
lyinK beneath tidal w~ter~, which ~ mean low tida
· re covered by tidal w~ters ~ ~ m~ximum depth
· five (5) feet. fn~ludin~ but ne~ limited ~ b~nks.
bogs. s~lt'm~rsh, sw~m~s, me,daws, fl~ ~r other
low lyin~ lmnds subj~at ~ tidal ~tion;
(2) All banks, bogs. me,dews, fl~ ~nd tid~l m~rsh
subject to such tides ~nd u~an which grmv~ or m~
grow some ar mnF of the ~ollowin~ s~l~ h~y. bl~k
gra~. s~ltwor~, se~ l~vender. ~11 c~rd~s, high
bnsh. c~tmils, groun~aL ~hmnHo~ ~d
(3) Ali ~d immed~ate~ udj~cent ~ ~ tidal w~tmud ~
defined in Subsection A(2) and lyin~ within
~y4ive (TS) ~ee~ I~ndw~rd o[ the mos~ lmndw~rd
edge of such ~ tidal wetland.
B. FRESHWATE~ WETLANDS:
(1) "Freshwater wetlands" as defined {n Article 2~.
tie 1. ~ 24-0107. SuSdfvfsfons l(a) to l(d) inclusive.
e[ the Envfronmen~l Conservation L~w of the S~te
o[ New York: and
(2)
All land immediateh, adjacent to a "freshwater wet-
no. as defined in Subsection B(1) and lying with-
in sevenw-five (75} feet landward of the most I~nd-
ward cdge o~ ~ "f .....
. - resnwater we~lana.
9705 ~. :s ·
Pa~e 5 - Notice of~arings
Southold Town Board Of Appeals
Regular Meeting of October 18, 1993
Copies of Legal Notice to the following 10/4/93:
Ms. Becky Johnston
471 West 22nd St., New York, NY 10011
P.O. Box 1098, Cutchogue, NY 11935
Mr. Burke E. Liburt
The Signs Makers, 155 Flanders Road, Riverhead 11901
J. Kevin McLaughlin, Esq., 1050 Youngs Ave, Southold,
11971-1215
Mr.
NY
and Mrs. Nick Cyprus, 1100 Sound Beach Dr, Mattituck 11952
and Mrs. Harley Arnold, P.O. Box 48, Mattituck, NY 11952
Michael K. Belford, Esq., 26 Saxon Ave., Bay Shore, NY 11706-5529
Mr. and Mrs. Roger Stoutenburgh, 505 Skunk Lane, Cutchogue 11935
Dr. George Kofinas, 30-82 36th St., Astoria, NY 11103
L.I. Traveler-Watchman, Inc., (hand delivered 10/5)
Courtesy copies to Newsday and Times-Review
Original posted on Town Clerk Bulletin Board in Lobby
Copies of files to Board Members 10/1 and 10/4/93
Copies to:
Town Attorney
Supervisor
Building Department
Planning Board
Individual Files
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
BOARD OF APPEALS
TOWN OF SOUTHOLD
S.E.Q.R.A.
TYPE II ACTION DECLARATION
Appeal No. 4198
Project/Applicants:
County Tax Map No.
Location of Project:
George & Maria Kofinas
1000- 110-7-18.2
552 East Rd., Cutchogue, NY
SCOTT L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
October 5, 1993
Relief Requested/Jurisdiction Before This Board in this Project:
Fence over 4', as exists
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, 1990}.
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 andindividual board members.
Copy placed in ZBA project file for record purposes.
JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1801
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. 4198
DATE: OCTOBER 5. 1993
Transmitted is application for variance submitted by GEORGE & MARIA
KOFINAS together with notification to adjacent property owners;
short environmental assessment form; Zoning Board of Appeals
Questionnaire form; Notice of Disapproval from the Building
Department;
Judith T. Terry
Southold Town Clerk
HD
R-80
JUDITH T. TERRY, TOWN CLERK RECEIPT 0 4 8 2 9 8
Town of Southold
Southold, New York 11971 ~ ~'
Phone: 516-765-1801 DATE ' _ 19
[] CASH BY:
GL,~"IECK / D 3 ,)
COUNTY 0~: SUFFOLK I,°'.m $OUTHOLO
I10
B__OARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter aT the Petition of
to the Board of Appeals of the Town of Southold
NOTICE
TO
ADJACE:IT
PROPERTY OWTIER
YOU ARE HEREBY GIVEN NOTICE:
' "~ 1. Tha~ intention of the undersigned To periti6n the Board nf Appeals of the Town of Southold
_~-~ec!~! E~ce-t!e-) '~ ~;~i ,~ ...... , [circle choice)
to. requestS.,- r ,,~w- ) (Other)
2. That the property which is the subject of the Petition is located adjacent to your property and is des-
3. Tha~ the property which is the subiec~ of such Petition is located in ~he following zoning district:
4 Thai h% such Pe6tion,'~he undersigned will request ~he following relief: P~.;~ o~ o~ie ~ ~ .
'" $. That the provisions of the 5ouzhold Town Zoning Code applicable to the relief sought by the under-
signedare Article ~<~ct~ \ SeCtion Io0-7-%1 (l~)
· . .:[ ] Section 280-A, New York Town Law for approval of access over righ't(s)-of-way~ ':
6. That within five da~s from the date hereof, a written Petition requesting thc relief specified above will
be filed in the 5outhold Town Clerk's Office at Main Road, Sou~hold, New York and you ma), then and there
exa;nine the same during regular office hours· (515) 765-1809.
"" 7. That before the relief sought may be granted, a public hearing must be held on the matter by the
B6ard 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 a-nd be heard at ·such hearing.
Petitioner
Owners' Names:
Pos~ Office Address
Tel .
[Copy of sketch
.purposes.]
or plan showing proposal
to be attached for convenience
PROOF OF MAILINC,
ATTACH CERTIFIED M. AIL RECEIPTS
ADDRESS
P 867 518 428
RECEIPT FOR CERTIFIED MAIL
NO JNSURANCE COVERAGE PROVIDED
NOT FOR JNTERNATIONAL MAIL
(See Reverse)
P , State and ZIP Code
TOTAL Postage and Fees
STATE OF NEW YORK
COUNTY OF SUFFOLK
.'~ ~.o~.~ ~ ~ %% ~ o~ , being duly sworn, deposes and says [hat on the ~ day
of - , . ~ ~ 0c~-,19~ deponent mailed a true copy of the Notice set forth on the re'
~erse side her'eof, diYected to each of the above-named persons at the addresses set opposite :heir respective" '
.: names; that the addresses set opposite the names of said persons are ~he addresse~ of said persons as shown on
.~hecurrent assmsment roll of the.Town of 5oulhold; that said No6cm were mailed at the United States Post Of-
,: 'rice az ' L~ ~ lc ~ ~ ~ ; that said NoHces were mailed to each of said persons by
{cert fi~d) ~ mail.· ~ :
Sworn to before me this F/~
day of ~7-~£,~ _ , 19 ~'J
Notary Public
· Commission Expires /0--0~. ?.~': .
(This sfde does not have to
property ownerS.)
be c0mp 1 et'ed
on form
transmitted to adjoining
BOARD OF APPEALS. TOWN OF SOUTHOI_D
In the Matter of the Petition of
to the Board of Appeals of the Town of Soulhold
TO:
NOTICE
TO
ADJACE~]T
PROPERTY O~] E R
YOU ARE HEREBY GIVEN NOTICE:
' ": 1. That it [x~.~tnc intention of the undersigned to petition the Board of Appeals of thc To.~n of 5outhold
tO request (_,.__ EYe .r_._._, i--~. ............. , ........ [circle choice]
2. That thc property which is thc subject of, the Petition is Ioc~ated adjacent to your property and is des-
3. That the property which is the subject of such Petition is located in the following zoning district:
4 That b~ such Pediion,' ~he undersigned will request the following retlef:get~,& o~"
: 5 That the provisions of the Sou[hold Town Zoning Code applicable to the relief sought by the under-
si~ncdare ~cle ~ ~ ~k ~cn ~ ~ ~ ~t(~ ~
. .:[ ] Sect~on.280-A, Neu York To~n Lau foF approval 0~ '~cess over r~gh'[(s)-of-~ay[
6. That within five d~ys from th~ d~[c hereof, a written Petition rcqucstins thc relief specified above win
b~ filed in th~ Southold Town Clerk's Office a~ Main Road, Southold, New York ~nd you may then and there
examine the same durin8 regular office hours. (5[6) 765-[809. ...
"" 7. That before thc relief sought may be granted, a public hearing must be held on the matter by the
B6ard. of Appeal's; that a notice of such hearing must be published at Ica, st five days prior to the date of such
hearids in the Suffolk Times and in the Long Island Tra~veler-Mattituck Watchman, newspapers published in the
Town. of 5outhold and designated for the publication of such notices; that you or your representative have the
'r!~ht t0 appear a~d be heard at'such hearing.
Dited: ' ' ': '
[Copy of ~ketch or plan showing
iPurposes.] .;
Owners ' Names:
Post Office Address
proposal to be attached for convenience
NAME
PROOF OFMAII.IN~OF NOTICE
ATTACH CERTIFIED MAIL RECEIPTS
AODR£SS
P 867 518 429
R~C~=~PT FOR ~£RT~FI~O ~A~L
NO iNSURANCE COVERAGE PROVIDED
NOl FOR (NTERNATIONAL MAIL
(See Reverse)
Sent tO ~ OW ~Lb
Street and N
Post~9e
;edified Fee
Res r,c ed Del,very
Date, and Address
STATE OF NEW YORK
COUNTY OF SUFFOLK
· k ~ ~'o.~, f~ r,~ '-~ N ', ~. Q"~ , being duly sworn, deposes and says that on the ~ ~ day
of. · ~.~ e ~ ,19 ~ ,deponent mailed a true copy of the Notice. set forth on the ~p-.
verse side hereof, directed to each of the above-named persons at the addresses set opposite thei~ [espective '
.: names; thai'the addresses set opposite the names of said persons are the addresses of said persons as shown on
.~hecur~ent aSs~sment roll of the.Town of Southold; that said Notic~ were mailed at the United States Post Of-
.:(ocr,rifled) (~ m~il. .
Sworn to.before me this ~
/ N~t'ary Public
MILAGROS SARCO
Notary Public, Slate at New Yore
No. 41-5A4873103
Qualified in Quee~
.Commission Explre~
that said Notices were mailed to each of said persons by
:
(This side does not have to
property
be completed
on form transmitted to adjoining
BOARD OF APPEALS. TOWN OFSOUTHOLD
In the Matter or the Petition of
to the Board of Appeals of the Town of Southoid
TO:
NOTICE
TO
ADJACENT
PROPERTY OWNER
YOU ARE HEREBY GIVEN NOTICE:
1. That iz is the intention of the undersigned to petition the Board of Appeals of the Town of 5outhold
.... ~ ,--~Toic e ]
to request (51~_c~1 E~,~;cptionl {~,neri=l. . p~.,.r~.!:~ t~'~-,,'--,~ r~: -
).
2. That the property which is the subiect of the Petition is located adiacent to your property and is des-
3. That the property which is the sub}ect of such Petition is located in the following zoning district:
4 That b+ such Peti6on,' the undersigned will r~quest the following relief: ~*¢~; b rig' ,..~e o~ {~
· . ~. Tha~ the provisions of the Southold Town Zoning Code applicable ~o the relief sought by the under-
signed are ~cle ~11 ~on I~ - ~1 (~)
· '[ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way~ ·
6. That within five da~s from the date hereof, a written Petition requesting the relief specified above will
be flied 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) 765-1809.
7. That before the relief sought may be granted, a public hearing must be held on the matter by the
B6ard 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:' Io}~}'e)~
Petitioner
0whets' Names:
Post Office Address
Tel. No. (~)
[Copy of sketch
purposes.3
or plan
showing proposal
to be attached for convenience
NAM~
PROOF OF MAILING OF NOTICE
ATTACH CERTIFIED MAIL RECEIPTS
ADDRESS
P 867 518 426
RECEIPT FOR CERTIFIED MAIL
NO iNSURANCE COVERAGE PROVIDED
NOT FOR INTERNATIONAL MAIL
(See Reverse)
Restr,cted Dehvery :~:~k
Date, and Address oS~¢tivery
STATE OF NEW YORK )
COUNTY OF SUFFOLK)
SS.:
. ~~ ~ - ~ ~ ~x a~ , being duly sworn, dcposes and says that on the h~ day
of ~ oL~ e~- ,1993 , deponent mailed a true copy of ~hc Notice. set forth on the re-
verse side hereof, directed to each of the above-named persons at the addresses set opposite their r~pective ~
. names; that the addresses set opposite the names of said persons are the addresse~ of said persons as shown on
:t~e current ass~sment roll of the .Town of 5ou~hold; that said No~ic~ were mailed at the United States Post Of-
ficeaI ' ~ ~ /~(~. ;that said No6ces were mailed to each of said persons by
..{certified) (~m?l. .
Sworn ,O before me this
day or ~,~4f~- , ]9
Notary Public
MILAGROS SARCO
No 41-SA4873103
Qualdied in Queens Co~n~
c
(This side does not have to be completed on form transmitted to adjoining
property owners.)