HomeMy WebLinkAbout4125APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
ACTION OF THE BOARD OF APPEALS
SCOTF 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. 4125 - GREGORY POULOS. Variance to the Zoning
Ordinance, Article XXIII, Section 100-239.4A(1) for permission to
construct deck addition (to existing deck area), all of which is
located within 100 feet of the Long Island Sound bluff or bank.
This parcel is substandard in size and is located in the R-40
Zone District. Location of Property: 135 Soundview Road,
Orient, NY; also known as Lot #45 on the Map of "Orient by the
Sea, Section Two"; County Tax Map Parcel No. 1000-15-3-3.
WHEREAS, a public hearing was held on September 10, 1992, at
which time 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;
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. This is an application appealing the August 20, 1992
Notice of Disapproval by the Building Inspector for relief under
Article XXIII, Section 100-239.4 for permission to locate a
proposed open deck addition to existing dwelling. The setback
proposed for the new deck addition is shown by the applicant to
be not less than 70 feet from the top of the bluff/bank.
2. The subject parcel contains a total lot area of 24,745+-
square'feet with frontage of 100.0 feet along the north side of
Sound View Road and 246.91 feet along the westerly property line
(shown as Ryder Landing), as per a survey prepared by Roderick
VanTuyl, P.C. dated April 11, 1980.
3. The land is improved with a two-story, one-family frame
dwelling situated 40 feet from the front (southerly) property
line at its closest point, 10 feet from the westerly property
line, 29+- feet from the easterly side property line, and 85+-
feet from the top of the bluff/bank of the L.I. Sound.
Page 2 - Appl. No. 4125
Matter of GREGORY POULOS
· Decision Rendered September
10, 1992
4. The new open deck area is proposed to be a partial wrap,
around the northerly six-sided section of the existing dwelling.
The new deck is shown to be an extension from the north side of
the house by 12 feet. The total distance requested in the
application is 70 feet from the top of the bluff to the steps
(see sketched-in survey submitted by the builder, Blair Dibble,
in behalf of the applicant).
5. Upon inspection, it was noted that the setbacks to the
bluff in the area are similar to that proposed by this
application. It should be understood that in the event there is
(rain or snow) water runoff towards the bluff, it will be
necessary for the owner to provide for surface piping and/or
drywells landward of the house to retain the water runoff and aid
in the prevention of drainage towards the bluff.
6. Article XXIII, Section 100-239.4A of the Zoning Code
requires all buildings and structures located on lots upon which
there exists a bluff or bank landward of the shore or beach of
shall be set back not less than one hundred (100) feet from the
top of such bluff or bank.
noted:
For record purposes, the following information is
(a) other agency approvals or waivers may be necessary
and this determination shall not affect the validity or more
stringent requirements by other agencies (Town Trustees, DEC,
etc.).
(b) a variance was rendered December 21, 1978 by the
Southold Town Board of Appeals for a reduction in the westerly
(front) yard area, as exists for this dwelling structure.
(c) the subject parcel is identified as Lot No. 45 on
the Map of "Orient-By-The-Sea, Section II," Map No. 3444.
8. It is the position of this Board that in considering
this application:
(a) the relief requested is substantial in relation to
the requirements, however, there is no alternative for appellant
to pursue other than a variance due to the nonconformities of the
land and the restrictions by the zoning code regulations in other
yard areas;
(b) the grant of the requested relief will not alter
the essential character of the neighborhood; the area of
construction is proposed to be at a setback similiar to and
~age 3 - Appl. No. 4125
Matter of GREGORY POULOS
Decision Rendered September 10,
1992
landward of structural setbacks established in the immediate
areas;
(c) the difficulties are uniquely related to the
property and its topography, and the difficulties claimed are
not personal to the landowner;
(d) the difficulties are uniquely related to the land
in question and has not been created by the landowner the
nonconformities of the land and principal building preexist the
enactment of the bluff setback regulations adopted in 1985;
(e) the amount of relief requested will not in turn be
adverse to the safety, health, welfare, comfort, convenience or
order of the town, or be adverse to neighboring properties;
(f) the variance will not cause a substantial effect
on governmental facilities;
(g) in view of the manner in which the difficulties
arose and in consideration of all the above facts, the interests
of justice will be served by granted alternative relief, as
conditionally noted below.
Accordingly, on motion by Mr. Villa, seconded by
Mr. Dinizio, it was
RESOLVED, to GRANT the relief requested for a setback at not
less than 70 feet for a proposed open deck addition in the Matter
of the Appeal No. 4125 (Poulos), SUBJECT TO THE FOLLOWING
CONDITIONS:
1. That there be no physical disturbance to or close to the
bluff area, and that protective hay bales shall be placed.
2. That the deck remain unroofed and open at all times, as
proposed in this application.
3. Proposed lighting, if any, must be of a ground-type (no
pole lighting), shielded to prevent glare from the site.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen,
Dinizio and Villa. This resolution was duly adopted.
RECEIVED AND FILED BY*
:'k THE SOUTHOLD TOWN CLERK
Town Clerk, Town of Southold
~'~lerk of t~e Zoning Board
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen, R.
James Dinizio, Jr.
Robert A. Villa
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
SCOTF L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
NOTICE OF HEARINGS
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town
Law and the Code of the Town of Southold, the following matters
will be held for public hearings before the SOUTHOLD TOWN BOARD
OF APPEALS at the Southold Town Hall, 53095 Main Road, Southold,
New York 11971, on THURSDAY, SEPTEMBER 10, 1992 commencing at
the times specified below:
(1) 7:35 p.m. Appl. No. 4122 - ROBERT H. AND KATHRYN B.
DEXTER. Variance to the Zoning Ordinance, Article XXIX,
Section 100-239.4B, for permission to construct deck addition
within 75 feet of the bulkhead. Location of Property: 8380
Great Peconic Bay Boulevard, Laurel, NY; County Tax Map Parcel
No. 1000-126-11-20. Subject premises is substandard in size and
is located in the R-40 Zone District.
(2) 7:40 p.m. Appl. No. 4124 - DR. AND MBS. CARL A. SORANNO.
Variances to the Zoning Ordinance, Article XXIII, Section
100-239.4A(1) for approval of deck addition within 100 feet of
the top of the L.I. Sound bluff or bank, and Article III,
Hearings e r 10, 1992
Southold Town Board of Appeals
Section 100-33 for approval of accessory storage building
located in the front yard area, 400+ feet from the front
property line. Location of Property: 31059 County Road 48,
Peconic, NY; County Tax Map Parcel No. 1000-73-4-3.
(3) 7:45 p.m. Appl. No. 4125 - GREGORY POULOS. Variance to
the Zoning Ordinance, Article XXIII, Section 100-239.4A(1) for
permission to construct deck addition (to existing deck area),
all of which is located within 100 feet of the Long Island Sound
bluff or bank. This parcel is substandard in size and is
located in the R-40 Zone District. Location of Property:
135 Soundview Road, Orient, NY; also known as Lot #45 on the
Map of "Orient by the Sea, Section Two"; County Tax Map Parcel
No. 1000-15-3-3.
(4) 7:50 p.m. Appl. No. 4126 - DONALD AND JEANNE KURZ.
Variance to the Zoning Ordinance, Article III, Section 100-33
for permission to build new, enlarged garage as an accessory in
the front yard area (replacing existing garage which was
approved under ZBA Appl. No. 2332 on 8/29/77). Location of
Property: 725 Terry Lane (just north of the Southold Park
District), Southold, NY; also referred to as Lot #5 as approved
by the Town of Southold; County Tax Map Parcel No. 1000-65-1-17.
(5) 7:55 p.m. Appl. No. 4121 - FLOYD KING and ISLAND'S END
GOLF CLUB. Variance to the Zoning Ordinance, Article III,
Page 3 - ~egasl No~e
Hearings or eptember 10, 1992
Southold Town Board of Appeals
Section 100-33 for permission to locate accessory
equipment-storage building in the front yard area. Location of
Property: 3365 Main Road, Greenport, NY; County Tax Map Parcel
No. 1000-35-2-1. This property is zoned R-80 Residential.
(6) 8:00 p.m. Appl. No. 4114 - GEORGE TSAVARIS. A Variance
the Zoning Ordinance, Article XXIII, Section 100-239.4 for
approval of deck area as exists at the top of bluff stairway
along the L.I. Sound. Location of Property: ' 2i70 The Strand
Lane, East Marion, NY; Pebble Beach Farms Filed Map No. 6266,
Lot 111; Parcel ID No. 1000-30-2-53.
to
(7) 8:05 p.m. Appl. No. 4119SE - RICHARD GOODALE AND MATTITUCK
AUTO CENTER, INC. (Tenant). Special Exception to the Zoning
Ordinance, Article X, Section 100-101B(12) for a permit
authorizing: (a) a new car sales establishment; (b) an
establishment of an accessory use incidental to the proposed new
car sales establishment for the sale and/or lease of used
vehicles; (c) outside display of vehicles, (d) accessory
office use incidental to the new principal use as a new car
sales establishment. Location of Property: 7655 Main Road
(NYS Route 25), Laurel, near Mattituck, NY: County Tax Map
Parcel No. 1000-122-06-30.1 (prev. 30).
The Board of Appeals will at said time and place hear any
and all persons or representatives desiring to be heard in the
Hearings e r 10, 1992
Southold Town Board of Appeals
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. For more information,
please call 765-1809 or visit our office.
Dated: August 31, 1992.
BY ORDER OF THE SOUTHOLD
TOWN BOARD OF APPEALS
GERARD P. GOEHRINGER
CHAIRMAN
By Linda Kowalski
TO: L.I. Traveler-Watchman, Inc.
Times-Review, Inc.
FORM NO. 3
TOWN OF SOUTIIOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTIIOLD, N.Y.
NOTICE OF DISAPPROVAL
Date AUGOST 20.
............. , ............. 19....92 ·
To . P.R.IDE BUILDING CO. INC. ale GREGORY POULOS
P.O. BOX 1464
SOu'I'IiOLD, RES YORK 1147 I
PLEASE TAKE NOTICE that your application dated .AUGOST 18, 19. 92
v,- ,.'~"rm;~ to CONSTRUCT I DECK ADDITION
for
Location
of
Propert_y Houso tVo. ........ '~'t/e~[ ........ Hamter
County Tax Map No. 1000 Section 15 ' Block . 3 Lot 3
Subdivision ................. Filed Map No ................. Lot No. ' ......
is returned herewith and disapproved on the following grounds ALL BUILDINGS LOCATBD ON
LOTS ADJACENT TO LONG ISLAND SOUND AND UPON filCH 'i'[II~RE BXISTS A BLUFF OR BANK
TI:Ill TOP OF SUCH BLUFF OR BANK.
ARTICLE XXIII CHAPT. 100-239.4 A(I). ACTION REQUIRED BY il'lt~ ZONING BOARD .OF
APPEALS.
/~ Building Inspector
~ GARY J. FISH
RV 1/80
RECEIVED
AUG ~& '~ '
Soutkold Town ~
.APPEAL FROM DECISION Of BUILDING INSPECTOR
TOWN OF SOUTHOLD, NEW YORK
TO THE ZONING BOARD/Of APPEALS, TOWN OF SOUTHOLD, N. Y.
· P~.,',~, &' ,b ~ '~.,.. o, ~ ,d ~ Iv(,,/ .............
7. (We, ...,..' ...... '~;;;;;;";;;";;~;i~;~; ................................ ~'"'"'~ ......................................
Slreet and Number
..... ..~,.,,0..~:.~...9...~ ......................... ~ .~... ............. HEREBY ^pPE~/TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO ..................................... DATED ......................................................
WHEREBY THE BUILDING INSPECTOR DENIED TO
..... ~ ............ ,~ ........ ~ ................. : ............... ~/
Name of Applicant for permff -- f
o, 1£ ....... ~. ...... L.~.~.~ ..............................................
Street and Number Municipality State /
( ) PERMIT TO USE
( ) PERMIT FOR OCCUPANCY
( )
1. LOCATION OF THE PROPERTY J.~.)..?..?..~.~]X).~..~....'~...~'.L,.~'$. ........................
Street /Hamlet / Use District on Zoning Map
District 1000 Section Block Lot A . A ~. ~J / .
..................................................................... current uwner t~-c(, o~/ rd~10,)
Map No. 'Lot No. Prior Owner. ~-~.,~V /~uCllc~ ~ ~-J, KC
2. PROVISION (SI OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
Article~lk lt~, Section ('A~F 10~ -~.~ ~J'~ ·
~U)
3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box)
(~,-) A VARIANCE to the ~ning Ordinance or Zoning Map
( ) A VARIANCE due to lack of access (State of New York Town Law Chop. 62 Cons. Laws
Art. 16 Sec. 280A Subsection 3
()
4. PREVIOUS APPEAL A previous appeal (has) 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 Appea! No ................................. Dated ............................. ~ ........................................
REASON FOR APPEAL
( ) A Variance to Section 280A Subsection 3
(t~ A Variance to the Zoning Ordinance
( )
is requested for the reason that
~orm ZBI
(Continue on other side)
REASON FOR APPEAL
Continued
sary HARDSHIP because
STRICT APPLICATION OF 'THE ORDINANCE would produce practical difficulties or unneces-
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
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CH^R^CTER OF THE D~'rm~T becou:e CTT ~u ~e~ A JO J~ a~ ~ ~ ~
COUNTY 0,~-~--~ · ,,-- ) ; Signature
Sworn ,o this ..................... ~ a ~ =:J J J'J J J'J ::
ELIZABETH ANN NEVILLE
Notary Public, State of i.'ew York
No. ~12-8126850, Suffolk
Term E×oires October 31,
FORMER OWNER '
N' OF souT'HOLD P~OPERTY
VILLAGE
RECORD CARD
N
S ~ W TYPE OF BUILDING
RES. o~./0 SEAS. VL FARM
IMP.
LAND
/000
/6"0'0 /
TOTAL
IooO,/
.2~o0
~-/00 /
/13 ~ e /
DATE
AGE BUILDING CONDITIOh
NEW NORN~AL BELOW ABOVE
Form Acre Value Per Acre Value
Tillable 1
Tillable 2
Tillable, 3
Woodland
Swampland
Brushland
House Plot
DISTRICT SUB.
ACREAGE
· ,,s'~
DOCK
BULKHEAD
COMM. lIND. ICB, MISC. I Est. Mkt. Value
REMARKS
//l~ l?~ ~Z~,'?~-~' ~/~o,~ z ~z~ ?vt ~. £.¢. /~oo
Z
FRONTAGE ON
WATER
FRONTAGE ON ROAD / /
M. Bldg. I"~'~'-#
/,~..~v,.~,¢.~_~:~.-¢. , ~.,,4~"~0~ ~/ ~t Foundation p~. Bath
~tensio~ ~¢XZ~ ~ ~; ~,~ /~0 Basement ~.,~. Fl~rs
4~'¢""'t~ens~" Z~x~* .~_~(¢' Y~Z ¢, 3~ ~ ~ ~t. Wa~s '. ~,cK~¢,~,:Jnterior Finish
~en?n .;' .: ...... . , ~ '; .~ "' Fire Place Heat .-.??.
' ~' ' -.*'- ,';" ¢ ' ' Po~h ' ' - R~f Type .'~.,,,~ ..,.
' Po~h Roo~ Ist Flor '
Breezeway " ' ' Patio R~ms 2nd Flor ': '
~rage ' '' ': ' ; Driveway Dormer .
0.~. .'
r
~233 .
L: ' ~-. · ' " , .
:';-5"-~-~-~- .... '"~"" "" Ri~OpERTY RECORD. CARD
~aa~/~'_ ,~. ?' .~,--n ~,r SOUTHOLD
OWNER x STREET ~?~5~ VILLAG£ DISTRICT SUB.
FORML~R OW~qER. '
RES.~ I0
LAND
/nO0
~1o~
Tillable 1
Tillable
Tillable, 3
Woodland
Swampland
Brushland
House PIo~2~
Total
IMP.
..,(& oO
NORMAL
Acre
S
VL. ~
TOTAL
/on0 ,/
E
ACREAGE
TYPE OF BUiLDiNG
FARM
DATE
706 /:/',//'/u~
BELOW
Value Per Acre
dP.,, ~ -/- '- ,: .,- -
REMARKS
I MISC. 4.;J Est. Mkt. Value
ABOVE FRONTAGE ON WATER
Value FRONTAGE ON ROAD
BULKH~D
Floors
Porch j Roof Type
Porch Roo~ ist Flor
Patio Rooms 2nd Floor
TOWN OF SOUTHOLD PERTY RECORD CARD
OWNER
FORMER OWNER
RES. SEAS: VL.
~ND IMP. TOTAL
/~
/
~,'7 o o
NOR/C, AL
S
FARM
DATE
-/
,
~//.~/~.
NEW ! BELOW
Farm · Acre Value
Tillable ] I
VILL~kGE
w
DISTRICT SUB.
ACREAGE
TYPE OF BUILDING
Tillable 2
Tillable 3
i Woodland
Swampland
Brushland
HoUse Plot,S;
Total
FRONTAGE ON ROAD
Value Per Acre
~
DOCK
rI
BULKHEAD
i
eezeway Patio Rooms 2nd Floor
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Telephone (516) 765-1809
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~a~ssion:
XX
__Variance from the Zoning Code, Article XXIII , Section 100-239.4A(1)
__Variance from Determination of Southold Town Building Inspector
__Special Exception, Article , Section
__Special Permit
Appeal No: 4125 Applicant: Gregory Poulos
Location of Affected Land: 135 Soundview Road,
County Tax Map Item No.: 1000- 15-3-3
Within 500 feet of:
Orient, NY
' 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 permission.to construct deck addition to
existinq deck area all of which is located within 100' of L.I. Sound
~opies of Town file and related documents enclosed for your review.
Dated: September 24, 1992
Page 3 - Appl. No. f5
Matter of GREGORY PO'ULOS
Decision Rendered September 10, 1992
landward of structural setbacks established in the immediate
areas;
(c) the difficulties are uniquely related to the
property and its topography, and the difficulties claimed are
not personal to the landowner;
(d) the difficulties are uniquely related to the land
in question and has not been created by the landowner - the
nonconformities of the land and principal building preexist the
enactment of the bluff setback regulations adopted in 1985;
(e) the amount of relief requested will not in turn be
adverse to the safety, health, welfare, comfort, convenience or
order of the town, or be adverse to neighboring properties;
(f) the variance will not cause a substantial effect
on governmental facilities;
(g) in view of the manner in which the difficulties
arose and in consideration of all the above facts, the interests
of justice will be served by granted alternative relief, as
conditionally noted below.
Accordingly, on motion by Mr. Villa, seconded by
Mr. Dinizio, it was
RESOLVED, to GRANT the relief requested for a setback at not
less than 70 feet for a proposed open deck addition in the Matter
of the Appeal No. 4125 (Poulos), SUBJECT TO THE FOLLOWING
CONDITIONS:
1. That there be no physical disturbance to or close to the
bluff area, and that protective hay bales shall be placed.
2. That the deck remain unroofed and open at all times, as
proposed in this application.
3. Proposed lighting, if any, must be of a ground-type (no
pole lighting), shielded to prevent glare from the site.
Vote of the B~r~, Ayc:
~Dinizlo and Villa. T3d.~_r~s
RI EIVED AND FILEU-I X-
Town Clerk, Town of ~thol~
: Messrs. Goehringer, Doyen,
)lution was duly adopted.
rk of t~e Zoning Board
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Telephon~ (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
SCO2T L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
September 23, 1992
Mr. Blaire Dibble
Pride Building Co., Inc.
P.O. Box 1464
Southold, NY 11971
Re: Appl. No. 4125 - Gregory Poulos (Variance)
Dear Mr. Dibble:
Please find attached a copy of the Findings and
Determination rendered by the Board of Appeals concerning the
above application.
Please be sure to return to the Town Trustees, N.Y.S.
Department of Environmental Conservation and the Southold Town
Building Department (and any other agency) which may have
jurisdiction before commencing building activities. Copies of
this determination have also been furnished this date to the
Building Department and the Town Trustees for their update and
permanent recordkeeping.
Very truly yours,
Linda Kowalski
Enclosure
Copies of Decision to:
Southold Town Building Department
Southold Town Trustees
Suffolk County Department of Planning
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
ACTION OF THE BOARD OF APPEALS
SCOTF 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. 4125 - GREGORY POULOS. Variance to the Zoning
Ordinance, Article XXIII, Section 100-239.4A(1) for permission to
construct deck addition (to existing deck area), all of which is
located within 100 feet of the Long Island Sound bluff or bank.
This parcel is substandard in size and is located in the R-40
Zone District. Location of Property: 135 Soundview Road,
Orient, NY; also known as Lot 945 on the Map of "Orient by the
Sea, Section Two"; County Tax Map Parcel No. 1000-15-3-3.
WHEREAS, a public hearing was held on September 10, 1992, at
which time 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;
WHEREAS, Board Members have personally viewed and are
familiar with the premises in question, its present zoning,
the surrounding areas; and
and
WHEREAS, the Board made the following findings of fact:
1. This is an application appealing the August 20, 1992
Notice of Disapproval by the Building Inspector for relief under
Article XXIII, Section 100-239.4 for permission to locate a
proposed open deck addition to existing dwelling. The setback
proposed for the new deck addition is shown by the applicant to
be not less than 70 feet from the top of the bluff/bank.
2. The subject parcel contains a total lot area of 24,745+-
square feet with frontage of 100.0 feet along the north side of
Sound View Road and 246.91 feet along the westerly property line
(shown as Ryder Landing), as per a survey prepared by Roderick
VanTuyl, P.C. dated April 11, 1980.
3. The land is improved with a two-story, one-family frame
dwelling situated 40 feet from the front (southerly) property
line at its closest point, 10 feet from the westerly property
line, 29+- feet from the easterly side property line, and 85+-
feet from the top of the bluff/bank of the L.I. Sound.
Pa~e 2'- Appl. No. ~5
Matter of GREGORY POULOS
Decision Rendered September 10,
1992
4. The new open deck area is proposed to be a partial wrap,
around the northerly six-sided section of the existing dwelling.
The new deck is shown to be an extension from the north side of
the house by 12 feet. The total distance requested in the
application is 70 feet from the top of the bluff to the steps
(see sketched-in survey submitted by the builder, Blair Dibble,
in behalf of the applicant).
5. Upon inspection, it was noted that the setbacks to the
bluff in the area are similar to that proposed by this
application. It should be understood that in the event there is
(rain or snow) water runoff towards the bluff, it will be
necessary for the owner to provide for surface piping and/or
drywells landward of the house to retain the water runoff and aid
in the prevention of drainage towards the bluff.
6. Article XXIII, Section 100-239.4A of the Zoning Code
requires all buildings and structures located on lots upon which
there exists a bluff or bank landward of the shore or beach of
shall be set back not less than one hundred (100) feet from the
top of such bluff or bank.
noted:
For record purposes, the following information is
(a) other agency approvals or waivers may be necessary
and this determination shall not affect the validity or more
stringent requirements by other agencies (Town Trustees, DEC,
etc.).
(b) a variance was rendered December 21, 1978 by the
Southold Town Board of Appeals for a reduction in the westerly
(front) yard area, as exists for this dwelling structure.
(c) the subject parcel is identified as Lot No. 45 on
the Map of "Orient-By-The-Sea, Section II," Map No. 3444.
8. It is the position of this Board that in considering
this application:
(a) the relief requested is substantial in relation to
the requirements, however, there is no alternative for appellant
to pursue other than a variance due to the nonconformities of the
land and the restrictions by the zoning code regulations in other
yard areas;
(b) the grant of the requested relief will not alter
the essential character of the neighborhood; the area of
construction is proposed to be at a setback similiar to and
Matter ufA P
Decision Rendered September 10, 1992
landward of structural setbacks established in the immediate
areas;
(c) the difficulties are uniquely related to the
property and its topography, and the difficulties claimed are
not personal to the landowner;
(d) the difficulties are uniquely related to the land
in question and has not been created by the landowner - the
nonconformities of the land and principal building preexist the
enactment of the bluff setback regulations adopted in 1985;
(e) the amount of relief requested will not in turn be
adverse to the safety, health, welfare, comfort, convenience or
order of the town, or be adverse to neighboring properties;
(f) the variance will not cause a substantial effect
on governmental facilities;
(g) in view of the manner in which the difficulties
arose and in consideration of all the above facts, the interests
of justice will be served by granted alternative relief, as
conditionally noted below.
Accordingly, on motion by Mr. Villa, seconded by
Mr. Dinizio, it was
RESOLVED, to GRANT the relief requested for a setback at not
less than 70 feet for a proposed open deck addition in the Matter
of the Appeal No. 4125 (Poulos), SUBJECT TO THE FOLLOWING
CONDITIONS:
1. That there be no physical disturbance to or close to the
bluff area, and that protective hay bales shall be placed.
2. That the deck remain unroofed and open at all times, as
proposed in this application.
3. Proposed lighting, if any, must be of a ground-type (no
pole lighting), shielded to prevent glare from the site.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen,
Dinizio and Villa. This resolution was duly adopted.
lk
~L~lerk of t~e Zoning Board
BUILDING CO., INC.
P.O. BOX 1464, SOUTHOLD. NEW YORK 11971 * (516) 734-7898
'i'ltl~ INDEJWIIJRi~ made the ~ day of /fi~c/6-O $ ~ , nineteen hundred and ninety two
BET~N ANTHONY AVELLA_an.d DO~,LO_R_EeS AVELLA, hisi~wife,
residi, ng at 217 Sweet B. rzar rxau , Paramus, NJ 07652 and
536 Ezghth Street, Palzsades Park, NJ, respectively
o[ tlie first part, and
GREGORY PouLOS,
residing at 24-09 Murray
Street, Whitestone, NY
~ ~ t~ .r...~. ~--? ' -~- second ~rt, does hereby grant a~ tel
paid by toe pa~oL~s:~s o{ th~arty o[ the second ~rt torever, / ~-d situate,
or successors ano a~g- . _ . . ... __~ :~,,~m n~ thereon erect ,
ALL that certain plot, piece or parcel o[ land, with toe DnlIuIogs mtn /'"F ...... e
lying and ~ing in ~q~ Orient, in the Town of Southold, County of Suffolk,
and State of New York, known and'designated as Plot No. 45, on a
certain map entitled, ."Map of Orient-By-The-Sea, Section Two,
situate at Orient Point Town of Southold, Suffolk CoUnty, New York,
, Glen Lane,
d and developed by Woodhollow Proper~ie~, Iqc%, #3
%~w~_ _~ Landin~ New York, Otto W. Van ~uyi an~ ~on, Licensed
Land Surveyors, Greenpom~ New York" and filed in the Office of the
Clerk of the County of Suffolk ?n October 26, 1961, as Map No. 3444,
ABS No. 3840, bounded and descrzbed as follows:
BEGINNING at the corner $ormed by the intersection of the n?rtherly
side of Sound View Road wzth the easterly szde of Ryder Landing;
running thence north 1 degree 42 minutes 30 seconds west, 246.91 fee
thence north 70 degrees 38 minutes 10 seconds east, 100.00 feet;
thence south 1 degree 46 minutes 50 seconds east, 247.88 feet to
the northerly side of Sound View Road;
thence sout~ 71 degrees 1~ minutes 40 seconds west along said
northerly s~de of Sound Vzew Road, 100.00 feet to the point or
place of BEGINNING.
Said premises also known as 132 Soundview Road, Orient, New York
TAX MAP
DESIGNATION
Sec. tV /
- ,' ' nd i:terest if an , ol the party o[ the first part in and to auy streets and
TOGETtlER x~]tb all right, t!,tle.a · - ' ..... -Y- .... lines thereof; TOGETHER wFth the appurtenan_c~
roads abutting the above, d, escr?ea, premises ~,~';~,[~'%; i,, and to said premises; TO HAVE. AN.D
and all the estate and rig!its ot toe par.y o ........ ;..p,.arte,,.~...~ ~.,,~ ih,. lie[rs or successors unO. assigns ot
lOLl) tile premises hereto grauted unto the part~ ot m~ ....... r---,
the party of tile second part forever.
AND the party -{ the first part covenants tlmt the party oi the firs!, part Ires not done or suffered auything
rob the sail ~relulses have been encumbered iu any way wbatever, except as aforesaid.
wbe y '( I ..... [th Section 13 o{ the Lien Law, covenants that the party o~
first art In comp.ance w · ·
AND the l'~arty ol tile. . p , · · · · ........ ance a ~d will I old the right to receive such consid-
eratiou as a tr.st hind to be apl)lied first {or the purpose of payiog the cost o[ the improve~nent and will apply
tile same firs! t() the Irayment of the cost o{ the improvement before using any ~rt ot the total oi the s~e
ally other 1,or
The xxxml "pa:ty s ia be co.strued as i[ it read "parties" whenever the sense o{ this indeuture so requires
IN WHN~ Wlt~EOF, the party o[ the first ~rt has duly ~<uted this deed the day and year first
written.
On ~he ~.~ day of ~' 1~92 . before me
pcrsonaJly came
to me known to be the individual described in and who
executed the foregoing instrument, and acknowledged that
~ -E-executed the ~une.
On the day of 19 , belore me
personally came
to me known to be the individual described in and who
executed the foregoing instrument° and acknowledged that
executed the same.
STATE OF I~EW YOPd( )
COUNTY OF' /< t mos . ' )
ss:
On tl~is ~ day Ao~-o> ~ , 19e~, before me the subscribed personally came
i~Rv~ 7C. r~ ~c~,3 to me known and known to me to be tl~e attorney-in-fact'
Of po~o~ ' A~& and to be the individual described in arid who executed thc
foregoing instr~uent and duly acknowledged before me tb~ he executed the same as .thc
act and deed of PoL~Rg< ~aaA therein described and for the purpose therein menti
by vi~fue of a certain Power-of-Attorney duly executed by the said ~o~o~ ~ ~c~
. ~/a~/~aand recorded simultaneously.
%Villi COVENANT AGAtNST GR^N'IOR'S AC'tS
TITLe NO. ,~ ~ ~ ~ - "~ )' - C-;
ANTHONY AND DOLORES AVELLA
TO
SECTION
ELOCK
LOT 0
COUNTY
TAX BIL~NG
GREGORY POULOS
Recorded Al Request of The Tills Guatanlee Company
RiiTIJRN BY MAIL TO:
Jl ~ I L~ GUARANTEE-
N~WYORK
A TICOR COMPANY
SPANAKOS & SPANAKOS
9015 5th Avenue
Brooklyn, N.Y. 11209
· Zip No.
14,614 ,
U 0 wn oaf
SOUTHOLD, L. I., N. Y.
TELEPHONE (5'16) 765-'1809
APPEALS BOARD
MEMBERS
ROBERT W. GILLISPIE, JR., CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
TERRY TUTHILL
ROBERTJ. DOUGLASS Deoember 2i · 1978
MINUTES
Southold Town Board of Appeals
A regular meeting of the Southold Town Board of Appeals was held
at 7:30 P.M. (E.S.T.), Thursday, December 21, 1978, at the Town Hall,
Main Road, Southold, New York.
There were present: Messrs: Robert W. Gillispie, Jr., Chairman;
Charles Grigonis, Jr.; Terry Tuthill, and Robert J. Douglass.
Also present was Dick Curtis of the Suffolk Weekly Times.
for
On motion by Mr. Gillispie, seconded by Mr. Douglass, it was
RESOLVED that the Southold Town Board of Appeals approve minutes
the November 30, 1978, meeting.
and
Vote of the Board: Ayes:
Douglass.
Messrs:
Gillispie, Grigonis,'Tuthill
PUBLIC HEARING: Appeal No. 2499 - Upon application of Dolores G.
Avella, 536 8th Street, Palisades Park, New Jersey (Charles DeVoe, as
Agent) for a variance in accordance with the Zoning Ordinance, Article
III, Section 100-34 and Bulk Parking Schedule for permission to construct
a house with a reduced front yard setback. Location of property: Lot
No. 45 of Map No. 3444, Orient-By-The-Sea, Section Two, Orient, New York.
The Chairman opened the hearing by reading the application for a
variance to the zoning ordinance, legal notice of hearing, affidavits
attesting to its publication in the official newspapers, and disapproval
from the Building Inspector. The Chairman also read a statement from the
Town Clerk that notification by certified mail had been made to: Fred
Lombardi. Fee paid $15.00.
THE CHAIRMAN: The application is accompanied by a sketch which shows
that the proposed location of the house would be approximately teh and a
fraction feet from the easterly line of Ryder Landing whi6h is a reserved'
" SDUTHOLD TOWN BOARD
APPEALS -2-
De~mber 21, 1978
area for beach purposes. Technically it is a right-of-way which causes
the applicant to have two front yards, one on Sound View Road and the f'
other on Ryder Landing. Is there anyone present who wishes to speak fo
r
this application?
CHARLES DEVOE: I am.
THE CHAIRMAN: I do not think there is anything to add to this
application. Did you know about the Ryder Landing problem when you
started this construction.
MR. DEVOE: No. We went to the Town Hall and found that the Town
owned it. They did not know they did.
THE CHAIRMAN: I think the Town owns quite a few of these that are
not very useful. Is there anyone else who wishes to speak f~r this
application? (there was no response.) Does anyone wish to speak against
the application? (there was no response).
After investigation and inspection the Board finds that the appli-
cant wishes to reduce one of his front yard setbacks.' The Board finds
this is an unusual hardship to have two front yards and the fact that
this is a lot with 100 feet of frontage really minimizes the area on
which a house can be located.
The Board finds that strict application of the Ordinance would pro-
duce practical difficulties or unnecessary hardship; the hardship create~-~
is ~nique and would not be shared by all properties alike in the immedia~_
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. Gillispie, seconded by Mr. Douglass, it was
RESOLVED, that Dolores G. Avella, 536 8th Street, Palisades Park,
New Jersey, be GRANTED permission to construct a house with a reduced
front yard setback as requested. Location of property: Lot No. 45 of
Map No. 3444, Orient-By-The-Sea, Section Two, Orient, New York.
Vote of the Board: Ayes: Messrs: Gillispie, Grigonis, Tuthill and
Douglass.
PUBLIC HEARING: Appeal No. 2498 - Upon application of Anthony
Sponza, Ryder Farm Lane, Orient, New York, for a variance in accordance
with the Zoning Ordinance, Article III, Section 100-34 and Bulk Parking
Schedule for permission to construct a garage with insufficient front yard
setback. Location of property: Lot No. 54, Map No. 3444, Map of Orient
By-The-Sea- Section Two, Orient, New York.
The Chairman opened the hearing by reading the application for a
variance to the zoning ordinance, legal notice of hearing, affidavits
TOWN OF SOUTHOLD, NEW YORK
Jan~ 8, 1979
DATE ............ ~ ..........
Appeal No. 2499
ACTION OF THE ZONLNG BOAI~D OF Ai~PEALS
Dated November 27,
ACTION OF THE ZONING BOARD OF APPEALS OFT HE TOWN OF SOUTHOLD
To Dolores G. Avella
536 8th Street
Palisades Park, New Jersey
(Charles DeVoe, as Agent)
1978
at a meeting of the Zoning Board of Appeals on
was considered and the action indicated below was taken on your
( ) Request for variance due to lack of access, to property
( ) Request for a speclal exception under the Zoning (~rdlnance
(X) Request for a variance to the Zoning Ordinance
( )
Appellant
December 21, 1978 the appeal
1. SPECIAL EXCEPTION. By res~ution of the Bo~d it was determined that a ~e~ exception ( ) be
~a~ed ( ) be de,ed pursuant to Artec .................... ~ction .................... Subsection .................... para~aph
.................... of the Zoning Ordinance and the d~is~n of the BuiMing Inspector ( ) be revers~ ( ) be
confirmed b~a~e 7:40 P.M. (E.S.T.) Upon application of Dolores G. Avella,
536 8th Street Palisades Park, New Jersey, (Charles DeVoe, as Agent),
for a variance in accordance with the Zoning Ordinance, Article III,
Section 100-34 and Bulk Parking Schedule for permission to construct
a house with a reduced front yard setback. Location of property: Lot
No. 45 of Map No. 3444, Orient-By-The-Sea, Section Two, Orient, New
York.
2. VARIANCE. By resolution of the Board it was determined that
(a) Strict application of the Ordinance (would) (would not) produce practical difficulties or
hardship because
SEE REVERSE
(b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties
alike in the immediate vicinity of this property and in the same use district because
SEE REVERSE
(c) The variance (does) (does not) observe the spirit of the Ordinance and (would)
change the character of the district because
SEE REVERSE
(would not)
and therefore, it was further determined that the requested variance ( ) be ~ranted (
that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed.
FORM ZB4 '~ OARD OF APPEALS
) be denied and
After investigation and inspection the Board finds that the
applicant wishes to reduce'one of his front yard setbacks. The
Board finds this is an unusual hardship to have two front yards
and thefact that this is a lot with 100 feet of frontage really
minimizes the area on which a house can be located.
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. Gillispi~, seconded by Mr. Douglass, it was
RESOLVED, that Dolores G. Avella, 536 8th Street, Palisades Park,
New Jersey, be GRANTED permission to construct a house with a reduced
front yard
of Map No.
Vote of
Douglass.
setback as requested. Location of property: Lot No. 45
3444, Orient-By-The-Sea, Section Two, Orient, New York.
the Board: Ayes: Messrs: Gillispie, Grigonis, Tuthill and
NOTICE IS HEREBY GIVEN,
pursuant to Section 267 of the Town
Law and the Code of the Town of
Southold. the following mattors will
he held for public hearings before the
SOUTHOLD TOWN BOARD OF
APPEALS at the Southoid Town
Hall, 53095 Main Road, Southold
New York 11971, on THURSDAY
SEPTEMBER 10. 1992 commencing
atthe times specified below:
'(1) 7:35 p.m. AppL No. 4122 --
ROBERT H. AND KATHRYN B:
DEXTER. Variance to the Zoning
Ordinance, Article XXIX, Section
100-239,4B, for permission to con*
struct deck additi~ within 75 feet of
the bulkhead. Location of Properly:
8380 Great Pecooic Bay Booinvard.
Laurel, NY: County Tax Map Paw.~l
No. 1000-126-11-20. Subject premis-
&
- DONALD'~rND JEANNE KURZ.
Variance to thc Zoning Ordinance,
Article Ill, Section 100-33 for per-
mission to build new, enlarged
garage as an accessoq~ in the front
yard area (replacing existing garage
which was approved under ZBA
Appl. No. 2332 o~ g/29f/7). Lo~-
tion of Property: 72~ Tany L~nc 0u~t
aorth of the Southold Park District),
;outhold, NY; Mso refenv, d to as Lot
13 as approved by the Town of
;outhold; County Tax Map Parcel
~o. 1000-65-1-17.
(5) ?:55 p.m, Appl. No, 4121 --
:LOYD KING AND ISLAND'S
:-ND GOLF CLUB. Variance to tho
~ning Ordinance, Article I~, Sec-
ion 100-33 for permission to loe~t~
tcccssoq, equipment-storage build-
ng in the froot yard ar e.~. Location of
}roperty: 3365 Main Road, Green-
~ort, NY; County Tax Map Parcel
qo. 1000-35-2-1. This property is
~ned R-80 Residential.
~ (6) 8:00 p.m. Appl. No. 4114 --
JEORGE TSAVARIS. A Varianc.¢ to
he Zoning Ordinance. Article XXI~,
RANNO. Variances to the Zoning ~ection 100-239.4 for approval of
Ordinance, Article XXIII, Section leek an=a as exists at the top of bluff
100-239.4A(1) for approval of deck a~invay along the LL Sound. Loc~-
addition within 100 feet of the ~ of ion of Property: 2170 The Strand
theL. l S~und bluff or bank andAr ~ane East Marion, NY Pebbh:
· · --~ ~-- · ..... ' : 3each Farms Filed Map No 6266
of acc=ssop/storage building lo, ted .or IlL Parcel ID No. 1000-30-2-
in the fnmt yard are~, 400+ feet fn~n i ~3.
the front property line. Location of C/) 8:05 p.m. AppI. No. 4119SE$d~
Property: 31059 County Road 48.
Pccodic, NY; County Tax Map Parcel
No. 1000-73-4-3.
(3) 7:45 p.m. Appl. No. 4125 --
'GREGORY POULOS. Variance,to
Section 100-239.4A(1) for pen~i~-
cation of Property: 135 Souodvle~
Road, Odent,.NY; also known as
--.RICHARD GOODALE AND
dATTITUCK AUTO CENTERv
NC. (Tenan0. Special Exception tO
hc Zoning Ordinance, Article X,
r;ection 100-10lB(12) for a permit
,uthorizing: (a) a new car salei
:stablishment; Oa) an cstablishmc~
(d) acc.~ssoe/office use incidental to
Route 25), Laurel, near Matrituck,
Thc Board of Appeals will at said
BY ORDER OF THE
SOUTHOLD TOWN
BOARD OF APPEAI~
GERARD R GOEHRINGER
STATE OF NEW YORK)
) SS:
COIJTN/W OF SD~'FOI.~) J
(,'~ (~ ~/~C/~ of Mattituck, in
~d ~, bei~ d~y s~m, ~ ~at he/she
is ~cip~ Clerk of THE S~FOLK TI~, a
Wee~y Nempa~r, p~lished at ~tflt~k, ~
the To~ of Southold, Co~ty of 8~olk and
State of New York, ~d ~at the Notice of w~
~e ~exed ~ a p~t~ copy, ~ b~n m~-
ly p~shed ~ ~d Nmpa~r once ~ch w~k
~r / ~e~ successively, communing on
~~OINewY~
O~ In ~ ~ ~ ~-~-~ ~l-rk
~m to ~re me
day of ~~ ~ ~
COUNTY OF SUFFOLK
ss:
STATEOF NEW YORK
NOTICE OF HEARINGS
NOTICE IS HEREBY
GIVEN, pursuant to Section
267 of the Town Law and the
Code of the Town of Southold,
the following matters will be
held for public hearings before
the SOUTHOLD TOWN
BOARD OF APPEALS at the
Southold Town Hall, 53095
Main Road, Southold, New
'~brk 11971, on THURSDAY
SEPTEMBER 10, 1992 com-
mencing at the times specified
below:
(1) 7:35 p.m. Appl. No. 4122
ROBERT H. AND
KATHRYN B. DEXTER.
Variance to the Zoning Oe-
dinance, Article XXIX, Section
100-239.4B for permission to
construct deck addition within
75 feet of the bulkhead. Loca,
tion of Property: 8380 Great
Peconic Bay Boulevard, Laurel;
NY; County Tax Map Parcel No:
1000-126-11-20. Subject premises
is substandard in size and is
located in the R-40 Zone
District.
(2) 7:40 p.m. Appl. No. 4124
- DR. AND MRS. CARL A.
SORANNO. Variances to the
Zoning Ordinance, Article
XXlll, Section 100-239.4A(1)
for approval of deck addition
within 100 feet of the top of the
L.I. Sound bluff or,bank, and'
Article I11, Section 100-33 for
approval of accessory storage
building located in the front
yard area, 400+ feet from the
front property line. Location of
Property: 31059 County Road'
48, Peconic, NY; County Tax.
Map Parcel No. 1000-73-4-3.
(3) 7:45 p.m. Appl. No. 4125
GREGORY POULOS.
Variance to the Zoning Or-
dinance, Article XXIII, Section~
100-239.4A (1) for permission to
construct deck addition (to ex-
isting deck area), all of which is
located within 100 feet of the
Long Island Sound bluff or
bank. This parcel is substandard ~
in size and is located in the R-40
Zone District. Location of Pro- ~
perry: 135 Soundview Road,'
Orient, NY; also known as Lot
NO. 45 on the Map of "Orient
by the Sea, Section Two;" Coun-.
ty Tax Map Parcel No. ,
1000-15-3-3.
(4) 7:50 p.m. Appl. No. 4126
- DONALD AND JEANNE
KURZ. Variance to the Zoning
Ordinance Article Ill, Section
100-33 for perm~ssl~)~"to b~l d
new, enlarged garage as an ac-
Patricia Wood,' being duly sworn, says that she is the
Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
a public newspaper printed at Southoid, in Suffolk County;
and that tile notice of which the annexed is a printed copy,
I~as been published in said I_ong Island -I'raveler-Watclm~an
once each week Ior. .................... / ..... weeks
successively, commencing on the ......... ~. ~
cessor~ in the.front yard area i
(replacing existing garage which' f ._~-- ;
was approved under ZBA Appl. [
No. 2332 on 8/29/77). Location. ,~'r %-- G~..._
of Property: 725 Terry Lane, [
(just north of the Soutbold Par~c ] ( ~_.~-:'~..~ ~ .... ~ .....
District), Southold, NY; also'I ~ --
referred to as Lot No. 5 as ap-~ [
proved by the Town of' !
Southold; County Tax Map
Parcel No., I000-65-1-17.
(5) 7:55 p.m. Appl. No. 4121
- FLOYD KING and ISLANDS
END GOLF CLUB. Variance to
the Zoning Ordinance, Article
Ill, Section 100-33 for permis-
sion to locate accessory
equipment-storage building in
the front yard area. Location of
Property: 3365 Main Road,
Greenport, NY; County Tax~
Map Parcel No. 1000-35-2-1.
This property is zoned R-80,
Residential.
(6) 8:00 p.m. Appl. No. 4114-
GEORGE TSAVARIS. A
Variance to the Zoning Or-
dinance, Article XXIII, Section
100-239.4 for approval of deck
area as exists at the top of bluff-~
stairway along the L.I. Sound.
Location of Property: 2170 The
Strand Lane, East Marion, NY.;
Pebble Beach Farms Filed Map
No. 6266, Lot 111, Parce ID No.
1000-30-2-53.
(7) 8:05 p.m. AppL No.
4119SE RICHARD
GOODALE AND MAT-
TITUCK AUTO CENTER,
INC. (Tenant). Special Excep~
tion to the Zoning Ordinance;
Article X, Section 100-101Bt12)
for a permit authorizing: (a) a
new car sales establishment; (b)
an establishment of an accessory
use incidental to the proposed
new car sales establishment for
the sale and/or lease of used
vehicles; (c) outside display of
vehicles, (d) accessory office use
incidental to the new principal
Sworn to before rne lhis ........... ~. ........ clay of
........ m
use as a new car sales establish-
ment. Location of Property:'
7655 Main.Road (NYS Route
25), Laurel, near Mattituck, NY:
County Tax ~Map Parcel No.
1000-122-06-30.1 (prey. 30).
The Board of Appeals will at i
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 hear~
ing. Each hearing will not start '
before the times designated
above. For more information,
please call 765-1809 or visit our
office.
Dated: August 31, 1992
BY ORDER OF THE
SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P. GOEHRINGER
CHAIRMAN
by Linda Kowalski. iq'/
1X-9/3/92(65)
Notary Public
BARBARA A. SCHNEtDER
NOTAR'/PU!~LIC, Shie of [:e',v York
No. 4~02~4G
Oue)ified in Si:ff0Ik Couqtv
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Charles Grigonis, Jr.
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Telephone (516) 765-1809
BOA~ OF APPEALS
TOWN OF SOU~OLD
SCOTr L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
TO WHOM IT MAY CONCERN:
Enclosed herewith as confirmation of the time, date and
place of the public hearing concerning your recent application is
a copy of the Legal Notice, as published in the Long Island
Traveler-Watchman, Inc. and Suffolk Times, Inc.
Please have someone appear in your behalf at the time
specified in the event there are questions brought up during the
same and in order to prevent a delay in the processing of your
application. Your public hearing will not start before the time
allotted in the attached Legal Notice. Additional time will, of
course, be available. A drafted or final written copy of your
presentation, if lengthy, is always appreciated.
Please feel free to call our office prior to the hearing
date if you have any questions or wish to update your file.
Yours very truly,
Enclosure
GERARD p. GOEPIRINGER
CHAIRMAN
By Linda Kowalski
Copies sent 9/1/92 to the following:
Mr. and Mrs. Robert H.
197 Kensington Road
Garden City, NY 11530
Dexter
Dr. and Mrs. Carl A. Soranno
185 Bayview Avenue
Amityville, NY 11701
Mr. Blair Dibble Re:
Pride Building Co., Inc.
P.O. Box 1464
Southold, NY 11971
Poulos
Mr. Gregory Poulos
24-09 Murray Street
Whitestone, NY 11357
Dan Ross, Esq. Re: Kurz
Wickham, Wickham & Bressler, P.C.
Main Road, Box 1424
Mattituck, NY 11952-1424
Mr. Ernie Richter Re: Floyd King
Richter Home Improvement Co.
515 Seventh Street
Greenport, NY 11944
Mr. Russos Abadiotakis
1516 East 15th Street
Brooklyn, NY 11230
Re: King
J. Kevin McLaughlin, Esq.
P.O. Box 1210
Southold, NY 11971-1210
Re: Goodale
Mr. and Mrs. George Tsavaris
2170 The Strand
East Marion, NY 11939
Dr. and Mrs. Edward Kondak
P.O. Box 98
Greenport, NY 11944-0098
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen, Jr.
James Dini72o, Jr.
Robert A. Villa
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
August
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
24, 1992
S.E.Q.R.A.
TYPE II ACTION DECLARATION
Appeal No. 4125
Project/Applicants:
County Tax Map No.
Location of Project:
Gregory Poulos
1000- 15-3-3
135 Soundview Rd.,
Orient, NY
Relief Requested/Jurisdiction Before This Board in this Project:
Deck addition within lO0' of sound bluff
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 and individual board members.
Copy placed in ZBA project file for record purposes.
mc
JUDITH T. TERRY
Town Hall, 53095Main Road
P.O. Box 1179
Southold, New York l1971
Fax (516) 765-1823
Telephone (516) 765-1801
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
TO:
FROM:
RE:
DATE:
SOUTHOLD TOWN ZONING BOARD OF APPEALS
JUDITH T. TERRY. SOUTHOLD TOWN CLERK
ZONING APPEAL NO, 4125, GREGORY POULOS
BY BUILDING CO., lNG,
AUGUST 24. 1992
Transmitted is application for variance submitted by GREGORY
POULOS together with notification to adjacent property owners;
Notice of Disapproval from the Building Department; Short
Environmental Assessment form; Zoning Board of Appeals Questionnaire
form; survey and floor plan,
· h T., Terry
Southoid. Town Clerk
Present:
PUBLIC HEARING
BOARD OF ZONING APPEALS
TOWN OF SOUTHOLD
September 10, 1992
(7:30 p.m.
HON. GERARD P. GOEHRINGER,
Chairman
SERGE DOYEN, Jr.
JAMES DINIZIO, Jr.
ROBERT A. VILLA
Hearing)
LINDA KOWALSKI,
Secretary-Clerk to Board
7:52 p.m.
APPLICATION NO. 4125 - GREGORY POULOS. Variance to the Zoning
Ordinance, Article XXIII, Section 100-239.4A(1) for permission
to construct deck addition (to existing deck area), all of which
is located within 100 feet of the Long Island Sound bluff or
bank. This parcel is substandard in size and is located in the
R-40 Zone District. Location of Property: 135 Soundview
Road, Orient, NY; also known as Lot #45 on the Map of "Orient by
the Sea, Section Two"; County Tax Map Parcel No. 1000-15-3-3.
(The Chairman opened the hearing and read the Legal
Notice and application for the record.) THE CHAIRMAN: I have
copy of a survey dated April 11, 1980, indicating two-story
frame home in a rather irregular shape toward the water. In
fact, it is one, two, three, four, five, six-sided, and a copy
of Suffolk County tax map indicating this and surrounding
properties in the area. Is there somebody for the Poulos' who
would like to speak?
Appearance:
MR. DIBBLE:
How do you do, sir?
Blair Dibble, Builder,
Agent for Applicant
My name is Blair Dibble.
THE CHAIRMAN:
application?
MR.
Board).
this?
What would you like to add to the
DIBBLE: I have some pictures here (showing
THE CHAIRMAN: What would you like to point out on
9/10/92 13
MR. DIBBLE: If you look at the pictures, you will
see on the one side there is a sliding glass door. And on the
outside the fireplace you have what is a barbecue. Those
probably were originally, i believe, when the house was built
were for a deck which was never constructed. You will see there
is a door on the other side as well that could use a deck.
THE CHAIRMAN: This deck is basically going to wrap
around all six sides is the situation?
MR. DIBBLE: Except for the Bilco door, five sides.
THE CHAIRMAN: Five, right. And it is going to be
approximately 14 feet in depth?
MR. DIBBLE: Twelve feet depth, and by the time we
finish with the steps, which will be (inaudible) wide or so.
THE CHAIRMAN: So only in the two angles that actually
face the water --I know they really all face the water--
straight or perpendicular?
MR. DIBBLE: Those sides will be 14 feet. That is
where the steps will be.
THE CHAIRFL~N: Now the elevation above grade is
approximately just underneath that window, so that is going to
be about two and a half feet or so?
MR. DIBBLE: We are actually going to make it a step
down,
so you will have probably 18 inches elevation.
THE CHAIRMAN: And again this will not be roofed in
any way?
MR. DIBBLE: No.
9/10t92 14
THE CHAIRMAN: It is just going to have a normal
railing which is required on a portion?
MR. DIBBLE: Yes.
THE CHAIRMAN: While you are up here, Mr. Dibble,
does anyone have any questions on this? Bob? I guess not.
Thank you. We can keep these pictures?
MR. DIBBLE: Yes.
THE CHAIRMAN: Is there anybody else who wishes to
speak in favor of this application? Anybody like to speak
against the application? Seeing no hands, I make a motion
closing. We hope to have a decision for you very shortly
because I am sure you want to continue with the construction of
the deck, too. All right, thank you. Give us a call tomorrow
to see if we get through it tonight.
7:55 p.m.
APPLICATION NO. 4126 - DONALD AND JEANNE KURZ.
Variance to the Zoning Ordinance, Article III, Section 100-73
for permission to build new, enlarged garage as an accessory in
the front yard area (replacing existing garage which was
approved under ZBA Appl.No. 2332 on 8/29/77). Location of
Property: 725 Terry Lane (just north of the Southold Park
District), Southold, NY; also referred to as Lot #5 as approved
by the Town of Southold; County Tax Map Parcel No. 1000-65-1-17.
(The Chairman opened the hearing and read the Legal
Notice and application for the record.)
THE CHAIRMAN: I have copy of plan for the deck and
new garage, rather. I am stuck on decks tonight. I apologize.
DEPARTMENT OF PLANNING
COUNTY OF SUFFOLK
ROBERT J. GAFFNEY
SUffOlk COUNTY Executive
ARTHUR H. KUNZ
D~RECTOR OF PLANNING
September 25, 1992
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)
Poulos, Gregory
4125
Very truly yours,
Arthur H. Kurtz
Director of Planning
GGN:mb
S/s Gerald G. Newman
Chief Planner
H LEE DENNISON BUILDING · VETERANS MEMORIAL HIGHWAY · HA UPPAUGE. NEW YORK 1 1788 · {5 ~ 6) 853-5192
617.21
Appendix C
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
SEQR
PART I--PROJECT INFORMATION (To be coml~leted by ADDlicant or Project sDonsor)
AMOUNT OF LAND AFF- ED;
WILt. PROPOSED ACT;ON COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USS RESTRICTIONS?
g. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT?
~ReResidentlal [] Industrial [] Commercial
[] Parl'JForesuOpen suaca [] Ot~er
10. DOES ACTION INVOLVE A PERMIT APPROVAl. OR FUNDING, NOW OR ULTIMATELY PROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAl.
STATE OR LOCAl.i?
YeS
~-~O If yes. list agency(s) and Dermit/aDI3rovals
11. DOES ANY ASPECT
I ~'~ Yea ~N"& r OF THE ACT!.~N} HAVE A CURRENTLY VALID PERMIT OR APPROVAL?
12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION?
I CERTIFY THAT THE INFORMATION PROVIDED AaOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
I! the action is in the Coastal Area, and you are a state agency, complete tile
Coastal Assessment Form before proceeding with this assessment
OVER
~ .(Continued on reverse side)
The N.Y.S' Environmental Quality Review AC~ereguires submission
· before any action is taken.
(a) In order ko answer the questions in this short EAF it is assumed
that the prepare.r will use currently available information Concerning the
project and the likely impacts of the action. It is not expected that
additional studies, research or Other investigations will be undertaken.
(b) If any question has been answered Yes the project may be sig-
nificant and completed Environmental Assessment Form is necessary.
(c) If all questions have been answered NO it is likely that the
project is not significant.
(d) Environmental Assessment
1. Will project result in a large physical change
to the project site or physically'alter more
than 10 acres of land?
2. Will there be a major change to any unioue or
un~ual land form on the site? '
3. Will project alter or have a large effect on
an existing body of Wa=er?
4. Will project have a potentially large impact on"
groundwater quality?
5. Will project significantly effect drainage flow
on adjacent sites?
6.
Yes :~NO
.. Yes ~No
~Yes ~NO
Will ' affect any threatened or endangered
plantpr°]ect
or a~imal species?
7. Will project result in a major adverse effect on-
air quality?
8. Will project have a major effect on visual char-
.. known to be important to the community? . .___Yes ~No
9. Will project adversely impact any site or struct-
ure of historic, Pre-historic, or paleontologiuuL
importance or any site designated as a critical
envircnmental area by a local agency? ~es ~No
10. Will project have a m~jor effect on existing or
future recreational opportunities? .~Yes .~N0
11. Will project result in major traffic problems Or
cause a major effect to existing transportation
12. Will project regularly cause objectionable odors,
noise, glare, vibration, or electrical disturb-
ance as a result of the project s operation. ~Ye$ ~No
13. Will project have any impact on public health
.__.~es ~..~,o
14. Will project affect the existing community by
directly causing a growth in permanent popula-
period or have a major negative effect on the
charact~-~ of the community or neighborhood?
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 sh~etlmay be attached.)
B. Is the subject premises listed on the real estate market for
- sale. or being shown to prospective buyers? { } Yes
{~ No. (If Yes, pl~se a~--h C~3 of "condi~n~" of sale.)
C. Are there anT~uposal~ tD u~ange~r alter land cunte~?
{ } 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?
3. Is the property ~ul~-----e~d between the wetlands area and
the upland building area?
4. If your property contains wetlands or pond areas, have
you contacted the Office of the T~?~rustees for its
determination of jurisdiction?
E. Is there a depression or sloping elevation near the area of -
proposed cgqstruction at or below five feet above mean sea
level? ~./~. (If not applicable, state "N.A.")
F. Are there any patios, concrete barriers, bulkheads or fences
which e~ ~t and are not ~hown on the survey map that you
submitting? ~ If none exist, please state "none."
G. Do you have any construction taking place at this time
c~ncerning your premises? ~ If yes, please submit a copy
o~ your building permit and ~ap as approved by the Building
Department. If none, please state.
H. Do you or any co-owner also own other land close to this
I. Please list present use or ~perations
parcel ~ ~'~1¥ ~,4~,O% conducted at this
and
Autno~z~ Signature and Da~e
3/87, 10/901k
§ 97-13
WETLANDS
§ 97-13
TOWN -- The Town of Southold.
TRUSTEES -- The Board of Trustees of the Town of
Sou~hoid. [Added 6-5-84 by L.L. No. 6-1984!
'WE~FDS [Amended 8-26-76 by L.L. No. 2-1976; 3-26-
85 by_t,~L= No. 6-1985]: '-f ~.~- :,". '?
(1) Ali lands generally covered or intermittently, co;~-
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 ether
low lying lands subject tn 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. cat,ils, groundsel. ~arshrn~Uu~ ~d. ~w
(3) AIl Innd immediately nd~acent to a tidal wet,and 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.
FRESHWATER WETLANDS:
"Fresh~vater wetlands" as defined in Article 24. Ti-
tle I. § 24-0107. Subdivisions l(a) to l(d) inclusive.
of ~he Environmental Conservation L~w of the State
of New York: and
(2)
All land immediately adjacent to a"freshwater wet-
I nd. 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.~.s.ss
~ · j c~w~Y (*~ 11957
0
· FATEMENT Of' INTI~NT
THE WATER S~IFIit. Y AND S~YA(~ DtS~OSAL
SYSTllI~ FOR THIS RI~IK)ENC~ WILL
CONFOffM TO THE STANDARDS OF TH6
SUFFOLK CO. DEPT. OF' HEALTH ~RVlC~
(s)
AII~I. ICANT
SUFFOLK COUNTY DEPT. OF HEALTlC
SERV,CES -- FOR APPROVAL
CON~TR UCTION ONLY
DATE:
H. S. REF. ~.:
~F~K CO. TAX ~ ~T~.~
.
NEW YORK
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter or the Petition of
to the Board of Appeals of the Town of Southold
NOTICE
TO
ADJACENT
PROPERTY OWNER
YOU ARE HEREBY GIVEN NOTICE:
1. Th~.e intention of the undersigned to petition the Board of Appeals of the Town of Southold
to request a ViCtorian__~ (Special Exception) (Special Permit) (Other) [circle choice]
2. That the property which is t,h~e subject of th£ Petition is located adjacent to your property and is des-
cribed as follows: 133r~- .~o ~,,z ~. LJ~ ~ -.~ ~'~ ~
3. That the property which is the subject of such Petition is located in the following zoning district:
4 That b% such Peliti,,9~the undersigned will ~quest the following relief: ~'~ ~ z~/('J ~-~C~/
5. That the provisions of the Southold Town Zoning Code~aEplicpble to~the~relief sought by the under-
signed are Article )<~ l l( Section /DO ~ ~, ~ ~ ~lJ
[ ] Section 280-A, New York Town Law for approval of access over r~ght(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 ma), then and there
examine the same during regu ar office hours. (516) 7~5-1809.
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 desighated for the publication of such notices; that you or your representative have the
' right to appear and be heard at such hearing.
Petitioner
Owners ' Names :~rv
Post Office Address
Tel. No. ( ) ~ ~7~.
[Copy of sketch or plan showing proposal to be attached for convenience
purposes.]
NAM~
PROOF OF MAILING OF NOTICE
ATTACH CERTIFIED MAIL RECEIPTS
ADDRESS
STATE OF NEW YORK )
COUNTY OF SUFFOLK)
SS.:
~_~. -., (L~,~.",, ,.~,~, . k'~ J..'l -- . being duly sworn, deposes an~l say[ that on the s~:_g_~ day
of ~ ,~ .-. ~'4:::~__ -' , 119 ~J~ , deponent mailed a true copy of the Notice set forth on the re-
verse side ~?'eof,(~li~ected 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 addresser of said persons as shown on
the current ass~.s,~q~ent roll of the Town,of Soulhold; that said Notices were mailed at the United States Post Of-
fice at <_'"')'o ,~C:~ ~:[ ~ L-1 ] jaj-7~ ; that said Notices were mailed to each of said persons by
(certified) (registered) m~,il. ' ~' "' '1
Sworn to before me this -
day_9.f. ~ ~::.~.~,--- ,-1.~._ ~::;~,
I~UZAB£TM.ANN Nk:-'VICCE
Notan/Publi~. Stele et
No. 52-8125850, SUffolK
Term Expire~ October 31.
form transmitted to
adjoining
(This side does not have to be completed on
property owners.) .
/ !
/:
APPROVED AS NOTED
FE .E~BY:~
765-1802 9 AM TO 4 PM FOR THE
FOLLOWING INSPECTIONS:
1. FOUNDATION - TWO REQUrRED
FOR POURED CONCRETE
2. ROUGH - FRAMING & PLUMBING
3. INSULATION
4 FINAL - CONSTRUCTION MUST
BE COMPLETE FOR C O
ALL CONSTRUCTION SHALL MEET
THE REQUIREMENTS DF THE NY
STATE CONSTRUCTION & ENERGY
OCCUPANCY OR
USE IS UNLAWFUL
WITHOUT CERTIFICATE
C2 ['ENPORT. N Y. 1 lO4,I
PLAN NO 1~4tg7 ,~k
Phone 477-0400 '~?,~-'~ Mair~ Road
r t