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HomeMy WebLinkAbout4009 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. 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 ACTION OF THE BOARD Appl. NO. 4009: Application of ALEX HOMAYUNI, CHARLES KAPOTES and OTHERS. Variances to the Zoning Ordinance, Article XXIV, Section 100-244B and Section 100-243A, for permission to construct additions and accessory building: (1) exceeding the maximum lot coverage requirement for all structures/buildings, (2) increasing or enlarging, and reconstructing the existing nonconforming two-family building. (Nonconformities of the subject premises are: lot area, both front yards, and two-family use in this R-40 Zone District.) Location of Property: Corner of Goldin Avenue and Sound View Avenue, Southold, NY; County Tax Map District 1000, Section 135, Block 02, Lot 22, and Block 01, Lot 20 (all as one tract of land for purposes of zoning). WHEREAS, public hearings were held on March 22, 1991 and on September 26, 1991, and 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 as well as the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. By this application, appellants are proposing to construct a one-story addition, a proposed second-floor addition, and an accessory storage shed, all as more particularly shown on Drawings A-1 through A-6 prepared by Ward Associates, P.C. dated August 15, 1990, revised January 24, 1991. 2. The premises in question is nonconforming as to lot area of 19,000 sq. ft. (both tracts inclusive located north and south of Sound View Avenue). This substandard lot is located in the R-40 Zone District and is improved with a two-family dwelling (see Certificate of Occupancy No. 295 dated May 19, 1959 and Building Permit No. 554 dated December 30, 1958). 3. The principal building lot coverage as exists is 1425 sq. ft. The amount of relief requested for this project, includ- Page 2 - Appl. No. 4009 Matter of ALEX HOMAY1/NI & ORS. Decision Rendered September 26, 1991 ing the existing and proposed construction, is for excessive lot coverage totaling 27.2% of Lot 135-2-22 (10,343 sq. ft.) or 746 sq. ft. over the 20% (2,068.59 sq. ft.) limitation. The building construction calculations provided by the applicants' architect are as follows: (a) (b) (c) (d) (e) (f) upland 10,343 sq. ft. (135-2-22), or a total of 14,000+- sq. ft. inclusive of tract of land to the north (135-1-20) consisting of 4,000 sq. ft. existing residence 1,425.0 sq. ft. addition 62' x 10.5' = 683 sq. ft. accessory shed 10' x 8' = 80 sq. ft.-(st0ra§e use on]y) second floor addition 627.0 sq. ft. total coverage by all buildings: 2,815 sq. ft. 4. The setbacks for new areas of building construction are noted for the record as follows: (a) westerly front yard at 21 feet from the (newly proposed) southwest corner section of the dwelling; (b) southerly rear yard setback at 39 (+-) feet; (c) southeasterly corner of the proposed addition at 20 feet; (d) accessory shed with setbacks at 10 feet from the easterly and southerly property lines; (e) no other increase in degree of nonconforming setback for the existing building area is requested. 5. For consideration by the Board, the appellants have offered to covenant the northerly parcel identified as District 1000, Section 135, Block 1, Lot 20, consisting of approximately 4,000 sq. ft. of upland area to remain unoccupied and vacant (with the exception of a stairway to the beach area with proper permits). 6. Article XXIV, Sections 100-243A, 100-242 and 100-241A of the Zoning Code provides that enlargement of a nonconforming building with a conforming use (or nonconforming use) may not be increased as to the degree of nonconformance. 7. Article XXIV, Section 100-244B provides minimum setback requirements for principal buildings on lots containing less than 20,000 sq. ft. of land area, with reductions to: (a) front yard setback to 35 feet; (b) minimum side yard setbacks to 10 ft. and 15 feet, for a total of 25 feet for both side yards; (c) rear yard setback to 35 feet; (d) maximum lot coverage for all buildings at 20% of the total lot area. Pag~ 3 - Appl. No. 4009 Matter of ALEX HOMAYUNI & ORS. Decision Rendered September 26, 1991 8. It is the opinion of the board members that sufficient practical difficulties have been demonstrated by the appellants to warrant a grant of this application. In considering this appeal, the board finds and determines: (a) there is no alternative available for appellants to pursue except by variance; (b) the relief, as requested, is the minimal necessary; (c) the difficulties imposed are uniquely related to the property and are not personal in nature; (d) the grant of the variance will not adversely effect the essential character of the neighborhood, or be adverse to the safety, health, welfare, comfort, convenience or order of the town and neighboring properties; (e there is no other method feasible for appellants to pursue other than a variance; (f in view of all the above, the interests of justice will be served by granting the relief, as further noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Doyen, it was RESOLVED, to GRANT the relief as described in the above findings in the Matter of the Application of ALEX HOMAYIINI and CHARLES KAPOTES, Appl. No. 4009, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That Covenants in proper recordable form be prepared and filed by the landowner in the Suffolk County Clerk's Office restricting the northerly tract of land (Lot #4 on the Map of Nathan Goldin") identified as 1000-135-1-20 to "no building occupancy or use occupancy in any respect, and provided further that said tract of land will be considered merged with the subject parcel identified as 1000-135-2-22." This Declaration of Covenants is subject to review and may be modified as recommended by the Town Attorney's Office before the same is recorded by the appellants. Proof of recording with the Suffolk County Clerk is required to be furnished to the Board of Appeals. 2. There shall be no further expansion, additions, extensions or other structures at the site without further application, consideration, and approval of the Board of Appeals (Article XXIV of the Zoning Code). 3. Lot No. 4 (Map of Nathan Goldin), identified as 1000-135-1-20 on the Suffolk County Tax Maps, shall remain, as Pag~ 4 - Appl. No. 4009 Matter of ALEX HOMAYUNI & ORS. Decision Rendered September 26, 1991 exists, in an unoccupied state (remaining free and open of all buildings). Vote of the Board: Ayes: Messrs. Doyen, Goehringer, Grigonis, Dinizio, and Villa. This resolution was duly adopted. lk . , . / GERARD P. GOEHRINGER, CHA~/RMAN RECEIVED AND FILED BY THE SOUTHOLD TOWN CL~{ Town Clerk, Town of Sout~ APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD O~ APPEALS TOWN O~ SOU~OLD 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 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, NY 11971, on THURSDAY SEPTEMBER commencing at the times specified below: (1) 7:30 p.m. Appl. No. 4054 - WILLIAM A. HANDS, JR. Varfance to the Zoning Ordinance, Article X, Section 100-102 (and Article XXIV, Section 100-242A) for permission to construct addition at the rear of existing principal building with a reduced easterly side yard setback and with an increase of the degree of setback nonconformance. Business-B. Location of Property: NY; County Tax Map District 1000, Lot 32. Zone District: General 24375 Main Road, Orient, Section 18, Block 2, (2) 7:35 p.m. Appl. No. 4049. MR. AND MRS. JOSEPH CARPENITO. Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct garage addition with insufficient front and side yard setbacks. The subject parcel is known as Lot 177 of Gardiners Bay Estates, Section Three, is Page 2 - Legal Noti~ Hearings for September 26, 1991 Southold Town Board of Appeals substandard in size, Location of Property: Map No. 1000-38-5-5. and is located in the R-40 Zone District. 170 Dogwood Lane, East Marion; County Tax (3) 7:38 p.m. Appl. No. 4053 - DOUGLAS MORRIS. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4B for permission to construct deck and step area within 75 feet of the bulkhead along Pipes Cove. The subject premises is referred to as (combined) Lot Numbers 24 & 25 and is substandard in size. Location of Property: 1665 Shore Drive, Greenport, NY; County Tax Map No. 1000-47-2-30. (4) 7:40 p.m. Appl. No. 4052 - JOHN AND EVELYN KEATING. Variance to the Zoning Ordinance, Article XXVIII, Section 100-281A(7) and Article XXIV, Section 100-244, for approval of lot which is nonconforming and has not been held in single and separate ownership since 1957, and upon which is proposed the removal of the existing dwelling. A new dwelling structure will be applied for in the future to locate a dwelling which shall not be closer than 45 feet as restricted by Appeal No. 3703 rendered June 2, 1988. Total lot area is substandard at 22,137 sq. ft. in this R-40 Zone District. Location of Property: 19995 Soundview Avenue, Southold, NY; County Tax Map Parcel No. 1000-51-4-6. 5) 7:45 p.m. Appl. No. 4051 - WILLIAM AND JOAN FISHLINGER. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4B for permission to construct decks and steps between rear of existing dwelling and existing bulkhead. Parcel is conforming as to lot size in this R-40 Zone District. Location of Property: 1935 Pine Tree Road, Cutchogue, NY; County Tax Map No. 1000-98-1-11.1. (6) 7:48 p.m. Re: Appl. No. 3539. MICHAEL HERBERT. Application withdrawing Z.B.A. determination rendered September 11, 1986 concerning a Special Exception to the Zoning Ordinance involving the establishment of a Bed and Breakfast. Subsequent to the Bed and Breakfast, the applicant received Special Exception approval rendered March 29, 1990 for two apartments, other than the owner-occupied manager's quarters, with conditions. This application is made pursuant to Condition No. 1 of the March 29, 1990 Z.B.A. determination. The subject premises is located in the Hamlet-Business (HB) Zone District and is substandard in size. Location of Property: 795 Pike Street, Mattituck, NY; County Tax Map No. 1000-140-2-23. (7) 7:50 p.m. Appl. No. 4056 - CONSTANTINOS MARKOTSIS. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4(B) for approval of screen-enclosed deck addition at less than the required 75 feet of the bulkhead. The subject premises is substandard in size and is located in the R-40 Zone District. Location of Property: Corner of the south side of Main Bayview Road and the east ~side of Williamsburg Drive (private road), Southold, NY; County Tax Map Parcel No. 1000-78-5-12. (8) 8:00 p.m. Appl. No. 4008 - (Reconvened from March 22, 1991). Variances to the Zoning Ordinance, Article XXIV, Section 100-244B and Section 100-243A for permission to construct additions and accessory building: (1) exceeding the maximum lot coverage requirement for all structures/buildings, (2) increasing or enlarging, and reconstructing the existing nonconforming two-family building. (Nonconformities of the subject premises are: lot area, both front yards, and two-family use in this R-40 Zone District.) Location of Property: Corner of Goldin Avenue and the south side of Soundview Avenue, Southold, NY; County Tax Map No. 1000-135-2-22, 16, 17, 18, 19, (all as one tract of land for purposes of zoning). (9) 8:10 p.m. Appl. No. 4050 - RICHARD MULLEN, JR. Variance to the Zoning Ordinance, Article X, Section 100-101C, for approval of two concrete vehicle-display pads located in the northerly front yard area, and/or clarification of ZBA Appl. Nos. 3675 and 3674 as to whether or not Condition No. 2 of the November 18, 1987 decision intended to prohibit just parking of vehicles in front of outside display area. Location of Property: Corner of Cottage Place and the south side of the Main Road, Southold, NY; County Tax Map No. 1000-62-3-20 and 19 (combined as one lot for purposes of zoning and planning for the existing use). (10) 8:15 p.m. Appl. No. 4055 - ARTHUR TRUCKENBRODT. 'Variance to the Zoning Ordinance, Article III, Section 100-33, and Article XXIV, Section 100-242, for approval of an addition to existing dwelling with a reduced rear yard setback, and of an accessory shed located in the side yard area. Parcel is substandard in size and is located in the R-80 Zone District. Location of Property: along the westerly side of a private right-of-way known as Deidrick Lane, Orient, NY; County Tax Map No. 1000-18-03-27. 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. For more information, please call 765-1809. Dated: September 12, 1991. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski TO: Times-Review Delivered 9/ /91 L.I. Traveler-Watchman For Publication FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL ~ttau) Assocza~s, P.c. To . (:.IRt~.g.S..g~...0~..S..~ .q~ ~ ............ 1500 ~ A~ .... ~, ~,~ .... ~6 ' . 117 ................. Date. DECEMBER I0. ........................ ,19 90 PLEASE TAKE NOTICE that your application dated .. ~. ~p.G~. ~. ~ .............. 19 ~... ~r permit to CONSTRUCT AN ADDITION TO DI~ELLING AND TO CONSTRUCT ACCY. Sm~.n Location of Property 22]~$ ~O.g-.I~.V~I~ AVE. & 390 GOLDIN ~ SOUTIIOLD ~ouse No. ' ................................................ Street Ham/et County Tax Map No. I000 Section .... 135 ....... Block ... ~ ......... Lot 22 Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the ~llow~g grounds ULCER ARTICLE XXIV SECTIOR 100-264B PgPFPFg? Fg~sTRUcT/ON WILL EXCEED I~R~J_I-I'~D LOT COVERAGE; ~ UNDER .... ,AKT~q~ 3~X. Iy. ~0~. 100-243 A BUILDINC IS NqN cq .t[F~m, lI~ Am) COI~AINS A ............ u~. ZONINC Eg.App' 97 A~PEALS ~qT~0~ P~gU[R~D ~¥ ...................................... .. . . RV 1/80 RECEIVED //. o~m..~ TOWN OF SOUTHOLD, NEW YORK APPEAL NO. Southold Town Clerk DATE .............................. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, ........................ of ...... .......................... Name of Appellon! Street and Number New York . .N. :. .Y. :... ..,1.0..0. .1..1. ...... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED .....D.~.c..e..m..b..e..r....1.,0.,....1..9..9..0. ................ WHEREBY THE BUILDING INSPECTOR DENIED TO NARD ASSOCIATES, P.C. (Agent) ( ) ( ) ( ) Name of Applicant for permit of 1500 Lakeland Ave., Bohemia~ N.Y. 11716 Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY 1, LOCATION OF THE PROPERTY ~.?..2..1.'9.~5.~.S.~..u...n..~.~.J~.e~.w.~.~y~.e.:.~.S~.~.u~.t..h..~.]~.d.' ........ .R...e..s.j..d.e..n...t.!a..1. ........ Street /Hamlet / Use District on Zoning Map District 1000 Section135Block2 Lotg2.current Owner Ali Homa,yuni & ORS Map No. Lot No. Prior Owner 2. PROVISION (SI 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 XXIV Section 100-244B, and Section 100-234A 3. TYPE OF APPEAL Appeol is made herewith for (please check appropriate box) (X) A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) 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 appea~a~ot) been mode 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 o variance made in Appeol No. ~,,~'-~.~ .Dated ( ) (X) ( ) is requested for the reason that REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance (1) proposed lot coverage is only 2% over allowable; and (2) house is a 2-family pre-existing non-conforming use. Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because lot coverage of 2% over allowable does not irt~r~dtu~~ front parcel (separate lot). Owners are willing to place C & R's on Sound front lot to eliminate future construction'if variance is granted; see attached covenant signed by Owners. The existing house was purchased by the present Owners with an existing Building Department C.0. for a two-family house, see copy attached. Current zoning map overlooked this fact and zoned property for single family residence. 2. The hardship created is UNIQUE and is not shared by oil propeHies alike in the immediate vicinity of this property and in this use district because this parcel(s) is separated by Soundview Avenue which creates 2 separate parcels. Owners, for lot coverage purpose, are willing to place C & R's on Sound front parcel to allow property square footage to be applied to upland parcel. Easterly boundary of upland parcel is adjacent to North Fork Motel. Two-family residence is an existing t~ansition to surrounding single family residences. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICTbecouse the (]) lot coverage variance is not significantly over the allowable, and with the Sound front lot included, is well under the allowable building coverage; and (2) the existing 2-family residence has been in existence with an approved 2-family C.O. from the Town of Southold Building Department since it was constructed; and has been in continuous use as a 2-fami]y house. STATE OF NEW YORK ) / , .'' . _ -, : ~-/~ J / ~, t~. ~ ) ss ~.,~-.Li,_..~I..L<~.~.L.L,:L.!.).....!:.[!.:.L,':.;....L....,..,:.~ COUNTY OF I~1~-~'''~-~) '- ~ Signature : ! '" Swor · ...... . ..... 19 NotoLY Public TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE LOT /~ FORMER OWNER N S E W DISTRICT SUB. ACREAGE TYPE OF BUILDING LAND IMP. TOTAL D. ATE AGE NEW FQrm j Tillable ] Tillable 2 Tillable 3 Woodland Swampland Brushland House Plot BUILDING CONDITION NORMAL Acre BELOW Value Per Acre ABOVE Value ?h~_),~.~_:~__.,..~TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DIS3'. SUB. LOT J~l'~'/~ c~ I 14 4.. ~ cx/~ / u ?'" ~ - ~'- .,,t ' ' ~ ~/0",' ~ ; ~ ~ -,0 * ~.'. FORMER OWNER ' N E ACR. ,/~ 5 W WPE OF BUILDING ~ V~ ~/' /I ~ ' ~2 I ~---'~; '~' ' ~MM~ -~B. MISC. ~kt. Volu~ RES. S~S. VL FA~ ~ ~/~ ~ND IMP. TOTAL DATE ~ -REMARKS * ~ / AGE BUILDING CONDITION N~ NOR~L BELOW ABOVE FARM Acre Value Per Value Acre Tillable Tillable 2 Tillable 3 Woodland Swampland FRONTAGE ON WATER Brushlond FRONTAGE ON ROAD / ,' ~, '~ ~ , = House Plot DEPTH ~,¢~ ~ l~ ~ ( I }~ ~ ~ ~ ~ ~ BULKH~D Total DOCK r COLOR TRIM ~ M. Bldg. Extension Extension Porch Porch Breezeway iGarage Patio ~Total Foundation Basement Ext. Walls Bath Floors Interior Finish Dinette LR. DR. BR. Fire Place Type Roof Rec~reation Room Dormer Driveway Heat Rooms 1st Floor Rooms 2nd Floor FIN. B. rn h.~Jm aa ~ ,.o-.,- 4 ~1 V F':\V AV P-, ~/¢ ' '2G,' 40" \Y ~AU,4!~X' 0I~ XVAi'I"~J~~ \ N~O-F SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVI APPRO'/EDTM FOR CONSTRUCTION ONLY . ~ / · H.S. REF. NO. c~o ~/- oo~ FLOW , (bo tYPE ~;- ~S This ap, proval is grant for tt~ construction of the ~nitary ~c.'I-~*' Io::o-(~r~. o1-~-0 ~n lc:cpo-~-0'2-'2'2 ~o~'~ 7 of the nor impl,e,: structurei~ , FROM THE [;~i AUG 1 8' 1991, g,m,'FF. '-~'F-:-I'='TIC TAHF,. ' ~," C¢'. Ff<.gC, A~-I' -COP ..... eARCHITECT: Ward Associates P.C: mia, N.Y. (516) 563-4800 PROJECT TITLE: DRAWING TITLE: DATE: ~-l~Z*~l DWG. No. · .:. ~,UG t& 1991 ROE LICENSED LAND SURVEYORS GREENPORT NEW YORK SUFFOLK CO. HEALTH DEPT. APPROVAL N.S. NO. STATEMENT OF INTENT THE WATER SUPPLY AND SEWAGE DISPOSAL SYSTEMS FOR THIS RESIDENCI ~WILL CONFORM TO THE STANDARDS ~HEm SUFFOLK CO. DEPT. OF HEALTH SERVICES, (S! APPLICANT SUFFOLK EOUNTY DEPT. OF HEALTH SERVICES -- FOR APPROVAL OF[ CONSTRUCTIONDATE: ONLY H. S. REF. NO.: APPROVED: SUFFOLK CO. TAX MAP DESIGNATION: DIST. SECT. BLOCK PCL. OWNERS ADDRESS: DEED: L. TEST HOLE STAMP SEAL 'I,. SUFFOLK CO. HEALTH DEPT. APPROVAl- Id, AP OF PI- OP£1-2..TY · 2.x,5, '.DND iq. Pb"iqi'-q .... ~,DU, HOLD ....... - · C~A~E2 I ~ ................. · : (~.E.5.) I TO',~NI C,F '~.OOTHOLD, N.'"4:__ . · ,'I :'" ~ ' lOAD. O '~'~'~i T DL20 .,.,, _ 5,4t.'~2-.,3.,.,.,.,.,.,.,.~D.],,~' ,.t, ,2. 30 ,,.., ,. ,~ ~e~.) 'o "' ..... -' u, ~ 'v-' 3C,~1, E DO', 1' ..-- :--- ! <,_x-/A.: -~,..; ~.L.,-~: ~ "2 '.:C;J],k , ?'" ' ....... i~b~o~'R ICK VAN'~I~YL. P.C. LICENSED LAND SURVEYORS GREENPORT NEW YORK I r H, S. NO. ~ SUFFOLK SERVICES -- FOR CONSTRUCTION ONLY DATE: H. S. REF. NO.: APPROVED: COUNTY DEPT. OF HEALTH APPROVAL SUFFOLK CO. TAX MAP DESIGNATION: DIST. SECT. BLOCK PC:L. OWNERS ADDRESS: ~ · ' 7 STG. Y[4EI~ ST. (al2) 53E, - ~iO4. DEED: L.DE~' ' 'P. 5~ I TEST HOLE STAMP SOUTHOLD TOWN BOARD NOVEMBER 23, 1993 EXECUTIVE SESSION 9:40 A.M. - On motion of Councilwoman Hussie, seconded by Councilman Penny, it was Resolved that the Town Board enter into Executive Session. Vote of the Board: Ayes: Supervisor Harris, Councilman Penny, Councilman Wickham, Councilman Lizewski, Councilwoman Hussie. Absent: Justice Edwards. Also present: Town Clerk Terry, Town Attorney Arnoff, Assistant Town Attorney Kiernan, Councilwoman-Elect Oliva.---The Board met with Special Counsel Frank Isler to discuss the landfill litigation. 10:50 A.M. - The Board met with Insurance Consultant William F. Mullen, Jr. to discuss the Town's insurance coverage. There was considerable discussion with regard to the deductible for the medical insurance policy which is currently $75,000 for any one individual per calendar year. Mr. Mullen recommended increasing the deductible to $150,000. The Town Board, with the exception of Councilman Penny, agreed and resolution no. 20 was placed on the agenda authorizing the increase. Mr. Mullen informed the Board that the town has saved $609,000 since going to self insurance in May of 1989. 11:15 A.M. - For Discussion Items: (I) The proposal of Councilman Wickham (Supervisor-Elect) to advertise for a Town Attorney met with considerable opposition from Supervisor Harris, Councilman Penny, and Councilman Lizewski. Councilman Penny said he would support it if it did not mean eliminating the full-time Assistant Town Attorney position. Councilman Wickham said he was not prepared to promise that there would be both a Town Attorney and Assistant Town Attorney next year. Supervisor Harris said this matter should be dealt with by the new administration. He is perfectly happy with the current Town Attorney and Assistant Town Attorney. Councilman Lizewski wanted to see a specific salary in the ad, and whether or not the new Town Attorney could maintain an outside practice. Although Councilman Wickham asked that the proposed resolution be placed on the regular meeting agenda, Supervisor Harris said he would not permit it; furthermore, there were not enough votes to pass such a resolution. (2) Appointment of a Building Inspector - discussed at 12:30 P.M. in Executive Session. (3) Set $25.00 for issuance of a Certificate of Determination and Certificate of Compliance (see resolution no. 21). (4) Letter from James Dolce, Legal Coordinator for the NYS Office of Parks, Recreation and Historic Preservation, objecting to the fees charged to non-residents at the Norman Klipp Marine Park. After considerable discussion, it was the consensus of the Board that the fees are reasonable. (5) Memorandum from Building Inspector Thomas Fisher asking that the Board consider increasing the fee for Certificates of Occupancy that are over and under five years old. Assistant Town Attorney Kiernan will prepare a Local Law for the regular meeting (no. 22) increasing the fees to $20.00. (6) Memorandum from Planning Board Chairman Richard Ward requesting an amendment to the Zoning Code exempting two-family dwellings from site plan review (see resolution no. 23). (7) Appoirtment of a Clerk in the Tax Receiver's office was discussed during Executive Session at 12:30 P.M. (8~ Councilwoman Hussie and Councilman Wickham reported on a recent meet;ng with a representative nf the NYS-DEC concerning tl~.e Fishers Is!and Metal Dump. Since the money to clean-up and restcre the site is not in the budget, nor is a bond in place, the Board will hold th!s for further discussion with J~stice Edwards at the December 7th meeting. DECLARATION OF COVENANTS & RESTRICTIONS DECLARATION of covenants and restrictions made this day of November, 1991, by CHARLES KAPOTES, DESPO KAPOTES, ALI HOMAYUNI and ALEXANDRA HOMAYUNI, residing at 158 Eighth Avenue, Apt. 4, New York, New York, lO011, hereinafter called Lhe Declarants. WHEREAS, the Declarants are the owners in fee simple of real property located on Soundview Avenue in the Town of Southold, Suffolk County, New York, shown on a certain map entitled "Map of Subdivision of Property Owned by Nathan Goldin" at Southold, Town of Southold, Suffolk County, New York, filed in the Office of the Clerk of Suffolk County on November 22, 1932, in file No. 1106 and bearing Suffolk County Tax Map Numbers 1000-135-01-20 and 1000-135-02-22; and WHEREAS, the Declarants desire to impose certain restric- tions and covenants on the use of said premises; NOW THEREFORE, the following restrictions and covenants are hereby imposed upon said premises which shall run with the land: 1. The northerly tract of land identified as Lot 4, Tax Map Number 1000-135-01-20 as shown on the"Map of Subdivision of Property Owned by Nathan Goldin" and as shown on the survey dated December 15, 1986 by Peconic Surveyors, P.C., of Southold, New York, shall forever remain free, open and vacant of buildings and use occupancy in any respect, with the exception of a stairway to the beach area with proper permits. 2. That said Lot 4 shall be considered merged with parcels identified on said survey as P/O Lots 8 and 9 with Tax Map Number 1000-135-02-22. 3. These restrictions shall run with the land and may not be altered, modified, terminated or annulled by the Declarants, their successors and assigns without further application, consid- eration and approval of the Board of Appeals of the Town of Southold, Suffolk County~ New York. IN WITNESS WHEREOF, the Declarants have duly executed their Declaration on the day and year first above written. CHARLES KAPOTES ALI HOMAYUNI DESPO KAPOTES ALEXANDER HOMAYUNI STATE OF NEW YORK ) : SS.: COUNTY OF ) On this day of November~ 1991~ before me personally camo CHARLES KAPOTES, DESPO KAPOTES, ALI HOMAYUNI and ALEXANDRA HOMAYUNI to me known and known to me to be the individuals described in and who executed the foregoing instrument and they acknowledged to me that they executed the same. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. 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 INTER-DEPARTMENTAL MEMORANDUM TO: FROM: DATE: SUBJECT: Planning Board Chairman Bennett Orlowski Attention: V. $copaz Attention: L. Kowalski/L/~/~z-'~' November 8, 1991 / ~-- ~ ~ Applicability of Site Plan Requirements to Certain Projects with Nonconforming Uses As requested recently by your office, we are furnishing a clarification of our concerns regarding site plan jurisdiction by the Planning Board under Section 100-250 of the Site Plan regulations for nonconforming uses, particularly since the use provisions of the zone districts require site plan applications for conforming uses only. We would like to make reference to two recent projects that are pending which involve principal uses, preexisting of the present zoning code and maps and which are both located in the residential zone districts. Since there has been no change in the "use" provisions of the Code in this respect, we merely want all departments to continue with the same answers. The specific use provisions of the district in our zoning code .~gge ~ - November 8, ~91 To: Planning Board Re: Planning Board Reviews - Nonconforming Uses, etc. a£e noted as follows for each project: l) Bert Lewis building on the south side of the Main Road in Mattituck - zoned Agricultural-Conservation and contains a nonconforming use as a real estate business office. The use provisions of the A/C Zone District do not, as we have all known, specifically state that there is a requirement for site plan approval by the Planning Board. 2) Homayuni & Kapotes (1000-135-2-22), which is zoned R-40 residential and the preexisting use is conforming under 100-30A.2(B) with a two-family occupancy, although the lot size and setbacks are nonconforming. The Homayuni & Kapotes project is under the current zoning code a conforming use, also on a nonconforming lot. You will note that this use is conditioned in the use provisions of the R-40 District and specifically requires site plan approval by the Planning Board. Both projects have had decisions rendered by the Board of Appeals, and at this time have not received building permits for the proposed new construction. Please provide us with a proposed schedule that would apply for nonconforming-use situations (with the fees for the same and a maximum time frame in which applications for this type of site plan review would be processed and finalized through your office). Following receipt of the proposed schedule, we will further communicate and advise. GG:lk cc: Harvey A. Arnoff, Town Attorney Matthew J. Kiernan, Asst. Town Attorney Building Department, Attn: All Building Inspectors APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. 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 January 14, 1992 James A. Schondebare, Esq. P.O. Box 1018 Traveler Street Southold, NY 11971 Re: Appl. No. 4009 - Alex Homayuni and Others Dear Mr. Schondebare: This letter will confirm that the proposed Declaration of Covenants and Restrictions was reviewed by Matthew Kiernan, Assistant Town Attorney, and he has agreed that its contents are acceptable for recording. Please provide us with a copy of the recorded Declaration for our permanent files once it has been filed with the Office of the Suffolk County Clerk. Very truly yours, Linda Kowalski · APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. 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 ACTION OF THE BOARD Appl. No. 4009: Application of ALEX HOMAYUNI, CHARLES KAPOTES and OTHERS. Variances to the Zoning Ordinance, Article XXIV, Section 100-244B and Section 100-243A, for permission to construct additions and accessory building: (1) exceeding the maximum lot coverage requirement for all structures/buildings, (2) increasing or enlarging, and reconstructing the existing nonconforming two-family building. (Nonconformities of the subject premises are: lot area, both front yards, and two-family use in this R-40 Zone District.) Location of Property: Corner of Goldin Avenue and Sound View Avenue, Southold, NY; County Tax Map District 1000, Section 135, Block 02, Lot 22, and Block 01, Lot 20 (all as one tract of land for purposes of zoning). .- WHEREAS, public hearings were held on March 22, 1991 and on September 26, 1991, and 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 as well as the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. By this application, appellants are proposing to construct a one-story addition, a proposed second-floor addition, and an accessory storage shed, all as more particularly shown on Drawings A-1 through A-6 prepared by Ward Associates, P.C. dated August 15, 1990, revised January 24, 1991. '~. The premises in question is nonconforming as to lot area of 19,000 sq. ft. (both tracts inclusive located north and south of Sound View Avenue). This substandard lot is located in the R~40 Zone District and is improved with a two-family dwelling (see Certificate of Occupancy No. 295 dated May 19, 1959 and Building Permit No. 554 dated December 30, 1958). 3. The principal building lot coverage as exists is 1425 sq. ft. The amount of relief requested for this project, includ- ~age 2 - Appl. No. 9 Matter of ALEX HOMA~LNI & ORS. Decision Rendered September 26, 1991 ing the existing and proposed construction, is for excessive lot coverage totaling 27.2% of Lot 135-2-22 (10,343 sq. ft.) or 746 sq. ft. over the 20% (2,068.59 ~sq. ft.) limitation. The building construction calculations provided by the applicants' architect are as follows: (a) upland 10,343 sq. ft. (135-2-22), or a total of 14,000+- sq. ft. inclusive of tract of land to the north (135-1-20) consisting of 4,000 sq. ft. (b) existing residence 1,425.0 sq. ft. (c) addition 62' x 10.5' = 683 sq. ft. (d) accessory shed 10' x 8' = 80 sq. ft.-(st0rage use on]y) (e) second floor addition 627.0 sq. ft. (f) total coverage by all buildings: 2,815 sq. ft. 4. The setbacks for new areas of building construction are noted for the record as follows: (a) westerly front yard at 21 feet from the (newly proposed) southwest corner section of the dwelling; (b) southerly rear yard setback at 39 (+-) feet; feet; (c) southeasterly corner of the proposed addition at 20 (d) accessory shed with setbacks at 10 feet from the easterly and southerly property lines; (e) no other increase in degree of nonconforming setback for the existing building area is requested. 5. For consideration by the Board, the appellants have offered to covenant the northerly parcel identified as District 1000, Section 135, Block 1, Lot 20, consisting of approximately 4,000 sq. ft. of upland area to remain unoccupied and vacant (with the exception of a stairway to the beach area with proper permits). 6. Article XXIV, Sections 100-243A, 100-242 and 100-241A of the Zoning Code provides that enlargement of a nonconforming build.ing with a conforming use (or nonconforming use) may not be increased as to the degree of nonconformance. 7. Article XXIV, Section 100-244B provides minimum setback requirements for'principal buildings on lots containing less than 20,000 sq. ft. of land area, with reductions to: (a) front yard setback to 35 feet; (b) minimum side yard setbacks to 10 ft. and 15 feet, for a total of 25 feet for both side yards; (c) rear yard setback to 35 feet; (d) maximum lot coverage for all buildings at 20% of the total lot area. · "~ R~ge 3 - ADpl. No 09 Matter of ALEX HOMAYUNI & ORS. Decision Rendered September 26, 1991 8. It is the opinion of the board members that sufficient practical difficulties have been demonstrated by the appellants to warrant a grant._of this application. In considering this appeal, the board finds and determines: (a) there is no alternative available for appellants to pursue except by variance; (b) the relief, as requested, is the minimal Recessary; (c) the difficulties imposed are uniquely related to the property and are not personal in nature; (d) the grant of the variance will not adversely effect the essential character o~ the neighborhood, or be adverse to the safety, health, welfare, com~ort, convenience or order of the town and neighboring properties; (e) there is no other method feasible for appellants to pursue other than a variance; (f) in view of all the above, the interests of justice wi-ll be served by granting the relief, as further noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Doyen, it was RESOLVED, to GRANT the relief as described in the above findings in the Matter of the Application of ALEX HOMAYUNI and CHARLES KAPOTES, Appl. No. 4009, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That Covenants in proper recordable form be prepared and. filed by the landowner in the Suffolk County Clerk's Office restricting the northerly tract of land (Lot ~4 on the Map of Nathan Goldin") identified as 1000-135-1-20 to "no building occupancy or use occupancy in any respect, and provided further that said tract of land will be considered merged with the subject parcel identified as 1000-135-2-22." This Declaration of Covenants is subject to review and may be modified as recommended by the Town Attorney's office before the same is recorded by the appellants. Proof of recording with the Suffolk County Clerk is required to be furnished to the Board of Appeals. 2. There shall be no further expansion, additions, extensions or other structures at the site without further application, consideration, and approval of the Board of.Appeals (Article XXIV of the Zoning Code). 3. Lot No. 4 (M~p of Nathan Goldin), identified as 1000-135-1-20 on the Suffolk County Tax Maps, shall remain, as Page 4 - Appl. No. Ma~%er of ALEX HOMAYUNI & ORS. · Decision Rendered September 26, 1991 exists, in an unoccupied state buildings). Vote of the Board: Ayes: Grigonis, Dinizio, and Villa. lk remaining free and open of all Messrs. Doyen, Goehringer, This resolution was duly adopted. GERARD P. GOEHRINGER, CHA~ ~.ScHoNDEB~RE April 20, 1992 Board of Appeals Town of Southold Town Hall, 53095 Main Road P.O. Box 1170 Southold, New York 11971 Att: Linda Kowalski RE: Appl. No. 4009 Alex Homayuni and Ors. Dear Linda: Enclosed herewith please find copy of Declaration of Covenants & Restrictions on the above-captioned matter, which was recorded in the Suffolk County Clerk's Office on March 13, 1992 at Liber 11434 Page 159. JAS/mt Enclosure cc: Dick Ward Very~urs, JAM~SCHONDEBARE × ,)isL: 1000 qccL: 13500 ;lock: 0200 ,of: !D i sL: 1000 !Sect: 135oo !Block: 0 Lo;. O20o~0 CLARATION of covenants and reKtrictions made this ~dday of January, 1992, by CHARLES KAPOTES, DESPO KAPOTES,. ALI ttOM^YUNI and ~LEX~NDRA HOMAYU~, res~din~ a~ Eighth ~venue~ ApL. 4, New York, New York, 10011 hereinafter called g~e~' DeclaranLs. ~a&~-L~tL~ . WHEREAS~ [he Declarants are Lhe owners in fee simple of · 'ew Avenue in ~he Town of Sou~hold, · orb located on Soundvt , SubdiviSion ~ot-~.P~opevrY ownou-.u~ ~m~., ~ - Town of SouLho]d, Suffolk County, New York, filed in bhe Office of Lhe Clerk of Suffolk Connty on ~ovember 22, 1932, in file Ne. Nn~bers~ k000,~ 13~.~-20 il06 and beari, ng SuFfolk Counby. Ta~ap **,s t'q ~ '~%r' *"~' ' md 1000-135-02-22; and WHEREAS~ ~he Dec~aranbs desire ~o impoa~ certain eesSric- ~ion8 and covenants on 8he use off ~aid ~OW THEREFORE~ ~he Following eesbeio~iona and~ Covenants ape hereby imposed upon said peem~ses which shall mm wi~h the land: 1. The nov~hep~Y ~eac~ og ~aad iden~igled aa Lo~ 4~ Tax Map Numbep 1000-135-01-20 as shown on ~he "Map o~ Subdivislnn ProperLy Owned by ~athan 6oldin" and shown on ~he la,ed December 15~ 1986 by Peconic Supveyovs~ P.C.~ of Southold~ low York~ shall ~orever remain free~ open and vacant oF buildings res ecl with Lhe exce lion of a md usc occo ancy in any .p. ,..: .,.~ , ,. ~ .~;** StAirWay ~o ~ne o~a~n ~x-~ r < r 2. ThaE said Lo~ I shall be considered merged Wi~h parcels idenEified on said survey as P/O Lots 8 and 9 ~h Tax Map Number 1000-135-02-22. 3. These restvicLions shall run wi~h Lhe land and may not be alLeved, modifted~ bermi, oaLed or annulled by ~he Declavantm, t~iF- ~ccessovs and ~=' i~"~wwi~a~fuvther~'appli°a~i°~'~°~sid' erati, on and approval ~}~-B;a~d+of Appeals' of the'Town of Soubhold, Suffolk County, New York. IN WITNESS WHEREOF, the DeclavanLs have duly executed their DeclaraLion on Lhe day and year fivsb above wvibben. CHARLES KAPOTES ~~~ ~ ' ALEXANDgA HOMAYONI ,') COUNTY'OF: came CHARLES KAPOTES, DESPO KAPOTES, , 1992, before me personalty A[~I ltOMAYUNI and AI, EXANDRA tlOMAYUNI to me known and known to me to be the indiv:idHal~ Ced bbe fore ins~rumen~ and they NoLar Public Commie, ion Expires October 31 Record and Return To: James A. Schondebare Attorney at Law Traveler Street P.O. Box 1018 Southold, New York 11971 ~ u~ PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD ~'SCOTF L. HARRIS Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination of Non-Significance February 3, 1992 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Law. The Southold Town Planning Board, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: Proposed Site Plan for Ali Homayuni and Kapotes SCTM#: 1000-135-1-20 1000-135-2-22 Location: Sound View Avenue and Goldin Lane, Southold SEQR Status: Type I ( ) Unlisted (X) Conditioned Negative Declaration: Yes No Description of Action: Addition to two family residence. ( ) (x) Page 2 Ali Homayuni SEQR Negative Declaration Con't. Reasons Supporting This Determination: An Environmental assessment has been submitted and reviewed; and it has been determined that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. Because there has been no correspondence received from the Department of Health Services in the allotted time, it is assumed that there are no comments or objections from that agency. Because there has been no correspondence received from the New York State Department of Environmental Conservation in the allotted time, it is assumed that there are no comments or objections from that agency. Covenants will be filed in the Suffolk County Clerk's Office restricting the northerly tract of land consisting of 4,000 square feet (SCTM~1000-135-1-20) to no building occupancy or use occupancy in any respect, and provided further that said tract of land will be merged with the ~~.~ is identified~ as. parcel with the two f ily house wh' h~ SCTM#1000-135-2-22. The variance from the Zoning Board of Appeals contains a condition that there shall be no further expansion, additions, extensions or other structures at the site without further application, consideration, and approval of the Board of Appeals. For Further Information: Contact Person: Robert G. Kassner Address: Planning Board Telephone Number: (516) 765-1938 CC: Suffolk County Department of Health Services Robert Green, NYSDEC Stony Brook Thomas Jorling, NYSDEC Albany Judith Terry, Town Clerk Southold Building Department ~./ Southold Zoning Board of Appeals NYS Deptartment of State Southold Board of Trustees Applicant JAMES ~.ScHONDEBARE November 5, 1991 SOUTHOLD, I~. y. 11971 (516) ~65-3so2 Board of Appeals Town of Southold Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 RE: Appl. No. 4009 - Alex Homayuni and Ors. Dear Enclosed herewith please find proposed Declaration of Covenants & Restrictions pursuant to your decision dated October 9, 1991 on Application Number 4009. If same is agreeable~ please so advise and I will have the original duly executed by clients and forwarded to your office for recording. JAS/mt Enclosures cc: Dick Ward BARE A. November 5, 1991 Board of Appeals Town of Southold Town Hall, 53095 gain Road P.O. Box 1179 Southold, New York 11971 RE: Appl. No. 4009 - Alex Homayuni and Ors. Dear Enclosed herewith please find proposed Declaration of Covenants & Restrictions pursuant to your decision dated October 9, 1991 on Application Number 4009. If same is agreeable, please so advise and I will have the original duly executed by clients and forwarded to your office for recording. JAS/mt Enclosures JAMES .~. ONDEBARE cc: Dick Ward DECLARATION OF COVENANTS & RESTRICTIONS DECLARATION of covenants and restrictions made this day of November, 1991, by CHARLES KAPOTES, DESPO KAPOTES, ~ALI HOMAYUNI and ALEXANDRA HOMAYUNI, residing at 158 Eighth Avenue,i !Apt. 4, New York, New York, 10011, hereinafter called the i Declarants. WHEREAS, the Declarants are the owners in fee simple of real property located on Soundview Avenue in the Town of Southold, Suffolk County, New York, shown on a certain map entitled "Map of Subdivision of Property Owned by Nathan Goldin" at Southold, Town of Southold, Suffolk County, New York, filed in the Office of the Clerk of Suffolk County on November' 22, 1932, in file No. 1106 and bearing Suffolk County Tax Map Numbers 1000-135-01-20 and 1000-135-02-22; and WHEREAS, the Declarants desire to impose certain restric- tions and covenants on the use of said premises; NOW THEREFORE, the following restrictions and covenants are hereby imposed upon said premises which shall run with the land: 1. The northerly tract of land identified as Lot 4, Tax Map Number 1000-135-01-20 as shown on the"Map of Subdivision of Property Owned by Nathan Goldin" and as shown on the survey dated December 15, 1986 by Peconic Surveyors, P.C., of Southold, New York, shall forever remain free, open and vacant of buildings and use occupancy in any respect, with the exception of a stairway to the beach area with proper permits. 2. That said Lot 4 shall be considered merged with parcels identified on said survey as P/O Lots 8 and 9 with Tax Map Number 1000-135-02-22. 3. These restrictions shall pun wibh the land and may no¢ be altered, modified, terminated or annulled by the Declarants, their successors and assigns without further application, consid- eration and approval of the Board of Appeals of the Town of Southold, Suffolk County, New York. IN WITNESS WHEREOF, the Declarants have duly executed their Declaration on the day and year first above written. CHARLES KAPOTES ALI HOMAYUNI DESPO KAPOTES ALEXANDER HOMAYUNI STATE OF NEW YORK ) : SS.: COUNTY OF ) On this day of November, 1991, before me personally [came CHARLES KAPOTES, DESPO KAPOTES, ALI HOMAYUN~ and ALEXANDRA IiHOMAYUNX to me known and known to me to be the ind±vidttals described in and who execnted the foregoing instrument and they acknowledged to me that they execubed the same. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. 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 October 23, 1991 Mr. Lawrence M. Feeley, Ward Associates, P.C. 1500 Lakeland Avenue Bohemia, NY 11716 R.Ao Re: Appl. No. 4009 - Alex Homayuni and Ors. Dear Mn. Feeley: Attached is a copy of a letter received from the Suffolk County Department of Planning in reference to above numbered application. the Very truly yours, tm Encl. GERARD P. GOEHRINGER CHAIRMAN DEPARTMENT OF PLANNING COUNTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE ARTHUR H. K~!~qZ October 16, 1991 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 follo~ng application(s) which have been referred to the Suffolk County Planning Commission are considered to be a matter for local deter~nation. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) ~omayuni/Kapotes Hullen, P~chard Jr. Hands, Jr., Willlam A. Municipal File Number(s) 4009 4050 4054 C~N: mb Very truly yours, Arthur H. Kunz Director of Planning S/s Gerald G. Newman Chief Planner APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio. Jr. Robert fi. Villa Telephone (516) 765-1809 BOARD, OF APPEALS TOWN, ~)F 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 XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: X Variance from the Zoning Code, ArticleXXIV, Section 100-244B 100-243A Variance from Determination of South~ld Town Building Inspector Special Exception, Article , Section Special Permit Appeal No.:4009 Location County Within Applicant: X X of Affected Land: Tax Map Item No.: 1000_135-2-22 and 500 feet of: Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Boundary of Existing or Proposed County, Alex Homayuni and Charles Kapotes S/S Soundview Avenue, Southold Block O1, Lot 20 Thruway State or Federally Owned 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 additions and uildin s exceeding maximum lot coverage,increasing th~ existing nonconforming two family building. Copies of Town file and related documents enclosed for your review. Land Dated: October '9, 1991 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN O~: 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 October 8, 1991 Mr. Lawrence M. Feeley, R.A. Ward Associates, P.C. 1500 Lakeland Avenue Bohemia, NY 11716 Re: Appl. No. 4009 - Alex Homayuni and Ors. Dear Mr. Feeley: Attached please find a copy of the determination rendered by the Board of Appeals concerning the above application. A copy of this decision has this date been transmitted to B~ilding Inspector for their files and update. Please be sure to return to their office for issuance of appropriate permits or other approvals in this project before commencing building or site activities. Very truly yours, Linda Kowalski Enclosure Copy of Decision to: Building Department Suffolk County Planning Commission ~ 4 Appl. No~009 ~atter of ALEX HOMA~UNI & ORS. Decision Rendered September 26, 1991 exists, in an unoccupied state buildings)~l Vote of the Board: Ayes: Grigonis, Dinizio, and Villa. remaining free and open of all Messrs. Doyen, Goehringer, This resolution was duly adopted. lk GERARD P. GOEHRINGER, CHAIRMAN RECEIVED AND FILED BY THE SOUTHOLD TOWN DATE/~ ~/~, HOUR ~ ~--~ Town ~erk, Tow~ of ~ut~ld APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-I809 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 ACTION OF THE BOARD Appl. NO. 4009: Application of ALEX HOMAYUNI, CHARLES KAPOTES and OTHERS. Variances to the Zoning Ordinance, Article XXIV, Section 100-244B and Section 100-243A, for permission to construct additions and accessory building: (1) exceeding the maximum lot coverage requirement for all structures/buildings, (2) increasing or enlarging, and reconstructing the existing nonconforming two-family building. (Nonconformities of the subject premises are: lot area, both front yards, and two-family use in this R-40 Zone District.) Location of Property: Corner of Goldin Avenue and Sound View Avenue, Southold, NY; County Tax Map District 1000, Section 135, Block 02, Lot 22, and Block 01, Lot 20 (all as one tract of land for purposes of zoning). .. WHEREAS, public hearings were held on March 22, 1991 and on September 26, 1991, and 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 as well as the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. By this application, appellants are proposing to construct a one-story addition, a proposed second-floor addition, and an accessory storage shed, all as more particularly shown on Drawings A-1 through A-6 prepared by Ward Associates, P.C. dated August 15, 1990, revised January 24, 1991. 2. The premises in question is nonconforming as to lot area of 19,000 sq. ft. (both tracts inclusive located north and south of Sound View Avenue). This substandard lot is located in the R-40 Zone District and is improved with a two-family dwelling (see Certificate of Occupancy No. 295 dated May 19, 1959 and Building Permit No. 554 dated December 30, 1958). 3. The principal building lot coverage as exists is 1425 sq. ft. The amount of relief requested for this project, includ~ Page 2 - Appl. No.~09 Matter of ALEX HOMAY~J~I & ORS. Decision Rendered September 26, 1991 ing the existing and proposed construction, is for excessive lot coverage totaling 27.2% of Lot 135-2-22 (10,343 sq. ft.) or 746 sq. ft. over the 20% (2,068.59~sq. ft.) limitation. The building construction calculations provided by the applicants' architect are as follows: (a) upland 10,343 sq. ft. (135-2-22), or a total of 14,000+- sq. ft. inclusive of tract of land to the north (135-1-20) consisting of 4,000 sq. ft. (b) existing residence 1,425.0 sq. ft. (c) addition 62' x 10.5' = 683 sq. ft. (d) accessory shed 10' x 8' = 80 sq. ft.-($t0ra§e use on]y) (e) second floor addition 627.0 sq. ft. (f) total coverage by all buildings: 2,815 sq. ft. 4. The setbacks for new areas of building construction are noted for the record as follows: (a) westerly front yard at 21 feet from the (newly proposed) southwest corner section of the dwelling; (b) southerly rear yard setback at 39 (+-) feet; feet; (c) southeasterly corner of the proposed addition at 20 (d) accessory shed with setbacks at 10 feet from the easterly and southerly property lines; (e) no other increase in degree of nonconforming setback for the existing building area is requested. 5. For consideration by the Board, the appellants have offered to covenant the northerly parcel identified as District 1000, Section 135, Block 1, Lot 20, consisting of approximately 4,000 sq. ft. of upland area to remain unoccupied and vacant (with the exception of a stairway to the beach area with proper permits). 6. Article XXIV, Sections 100-243A, 100-242 and 100-241A of the Zoning Code provides that enlargement of a nonconforming building with a conforming use (or nonconforming use) may not be increased as to the degree of nonconformance. 7. Article XXIV, Section 100-244B provides minimum setback requirements for principal buildings on lots containing less than 20,000 sq. ft. of land area, with reductions to: (a) front yard setback to 35 feet; (b) minimum side yard setbacks to 10 ft. and 15 feet, for a total of 25 feet for both side yards; (c) rear yard setback to 35 feet; (d) maximum lot coverage for all buildings at 20% of the total lot area. 3 - A~pl. ~o~009 Matter of ALEX HOMAYUNI & ORS. Decision Rendered September 26, 1991 8. It is the opinion of the board members that sufficient practical difficulties have been demonstrated by the appellants to warrant a grant.~of this application. In considering this appeal, the board finds and determines: (a) there is no alternative available for appellants to pursue except by variance; (b) the relief, as requested, is the minimal necessary; (c) the difficulties imposed are uniquely related to the property and are not personal in nature; (d) the grant of the variance will not adversely effect the essential character of the neighborhood, or be adverse to the safety, health, welfare, comfort, convenience or order of the town and neighboring properties; (e) there is no other method feasible for appellants to pursue other than a variance; (f) in view of all the above, the interests of justice wi-ll be served by granting the relief, as further noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Doyen, it was RESOLVED, to GRANT the relief as described in the above findings in the Matter of the Application of ALEX HOMAYUNI and CHARLES KAPOTES, Appl. No. 4009, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That Covenants in proper recordable form be prepared and filed by the landowner in the Suffolk County Clerk's Office restricting the northerly tract of land (Lot #4 on the Map of Nathan Goldin") identified as 1000-135-1-20 to "no building occupancy or use occupancy in any respect, and provided further that said tract of land will be considered merged with the subject parcel identified as 1000-135-2-22." This Declaration of Covenants is subject to review and may be modified as recommended by the Town Attorney's Office before the same is recorded by the appellants. Proof of recording with the Suffolk County Clerk is required to be furnished to the Board of Appeals. 2. There shall be no further expansion, additions, extensions or other structures at the site without further application, consideration, and approval of the Board of.Appeals (Article XXIV of the Zoning Code). 3. Lot No. 4 (M~p of Nathan Goldin), identified as 1000-135-1-20 on the Suffolk County Tax Maps, shall remain, as Page 4 - Appl. No.t09 Mat°ter of ALEX HOMAYUNI-- & ORS. Decision Rendered September 26, 1991 exists, in an unoccupied state (remaining free and open of all buildings). Vote of th~ Board: Ayes: Messrs. Doyen, Goehringer, Grigonis, Dinizio, and Villa. This resolution was duly adopted. lk GERARD P. GOEHRINGER, CHAIRMAN ASSOCIATES, . January 28, 1991 Zoning Board of Appeals Town of Southold Main Road Southold, New York 11971 Re: Alexandria Homayuni and ORS Residence Addition W. A. Project 9009.01 Gentlemen: This letter is in response to several questions raised regarding the above project. Upland Lot Size 104.76 98.73 (average width) (average depth) 10,342.95 x 20% square feet (total lot) allowable building coverage square feet (max. building coverage) Residence 1,425.0 682.5 80.0 square feet (existing) square feet (addition, 65' x 10.5') square feet (separate storage shed) square feet (total proposed building coverage) 2,187.50 - 2,uu8.u9 square (total proposed building coverage) square feet (~iax. building coverage) square feet (over allowable) Gross Square Feet of Completed Construction 1,425.0 square feet (existing) 682.5 square feet (addition, 65' x 10.5') 80.0 square feet (separate storage shed) 627.0 square feet (second floor) 2,8~-7~ square feet (gross, 1st & 2nd floors) Londscape Architects, Architects, Engineers ilS00 Lokelond Avenue, Bohemio, N.Y. ii 716 · §i6 · 563 · 4800 · FAX §16 · 562 · 4807 Zoning Board of Appeals Homayuni Residence January 28, 1991 Page Two. Height of Proposed Construction Peak of roof structure (27 feet above grade) Septic System Proposed elimination of existing cesspool and provision of new as per attached site plan. If there is any further clarification necessary, please do not hesitate to call me. Thank you for your attention. Vice President RoA, LMF:ek cc: A & A Homayuni WARD ASSOCIATES, e'. Landscape Architects, Architects, engineers ~,,~.~, 1500 Lakeland Avenue 'v'-~l BOHEMIA, NEW YORK 11716 Town of Southold Zoning Board of Appeals Main Road Southold, New York 11971 DATE 9-6-91I[~o~ ,o. 9009 Gerard P. Goehringer, Chairman Application No. 40091 Homayuni & Kapotes Expansion of Existinq 2-Family Dwellin WE ARE SENDING YOU )(~ Attached [] Under separate cover via .the following items: [] Shop drawings [] Prints [] Plans [] Samples [] Specifications ,. [] Copy of letter [] Change order [] COP[ES DATE NO. DESCRIPTION 1 ~i Copy of August 29, 1991 letter 1// Site Plan indicating proposed additions and separate sound front open space. THESE ARE TRANSMITTED as checked below: [] For approval IIX For your use [] As requested [] For review and comment [] FOR BIDS DUE [] Approved as submitted [] Approved as noted [] Returned for corrections [] 19 [] Resubmit [] Submit__ [] Return copies for approval .copies for distribution corrected prints __ [] PRINTS RETURNED AFTER LOAN TO US REMARKS COPY TO Planninq Board SIGNED: Richard G. Wardr RLA August 29, 1991 ASSOCIATES, Gerard P. Goehringer, Chairman Zoning Board of Appeals Town of Southold, New York 11971 Re: Application No. 40091 - Homayuni & Kapotes Expansion of Existing Two-Family Dwelling W. A. Project No. 9009 Dear Mr. Goehringer: The owners have obtained an approved Suffolk County Health Department permit for the installation of a new 2-family sanitary system for their existing 2-family residence on the corner of Goldin Lane and Soundview Avenue, Southold. The location of the system has been proposed at the corner of Goldin and Soundview to maximize the distance between the system and an adjoining neighbor is well to the south. This private well is the only well in the area, since public water is available. The variance requested for lot coverage would exceed the Lot 8-9 allowable coverage by two percent (2%) This is to provide for a storage shed and a lO-foot addition on the rear of the existing two family residence. If the proposed storage shed was eliminated, and 6" was removed from the rear of the proposed 10' addition, the lot coverage would comply with the Code. The owners are requesting relief for the Lot 8-9 expansion since it is minimal; and are willing to place a C & R for no development on the separate Lot 4 which they own on the Long Island Sound side of Soundview Avenue, which is a separate building lot. The owners also believe that the existing two family residence is a proper use of the site as it provides a transition between the motel use on the adjoining easterly property line and the surrounding single family residential neighborhood. Therefore, the owners respectfully request that the Zoning Board of Appeals grant the requested variance since it is (1) minimal; (2) the new septic system will be installed further from the neighbor's well than the existing cesspool; (3) the benefit of leaving the Sound front lot vacant will maintain a neighborhood vista over the Long Island Sound; and (4) provide permanent open space. Thank you for your consideration. LMF:ek cc: Southold Town Planning Board Landscape Architects, Architects, Engineers 1500 Lakeland Avenue, Bohemia, N.Y. 11716 · 516 · 563 · 4800 * FAX 516 · 563 · 4807 L C) l-q c~ I ~ L. A h-I I'~ ~OdND Horto~ £L~ ~EDON ~ :J LOCA-T ION HAP _ ri.ts. / ' -~ OLJt'4l~ VIE::,\V ' AVE::. / ~ ~,~-,1'"¢-~1~ L ) ~/I~LL' T,IOT~-: 6Z34TOUf~ Aff. E I~I~P-~I~.I~;~,,~ff..D TO ~~. · :E ~August 29, 1991 WAII D ASSOCIATES, Gerard P. Goehringer, Chairman Zoning Board of Appeals Town of Southold, New York 11971 Re: Application No. 4009~ - Homayuni & Kapotes Expansion of Existing Two-Family Dwelling W. A. Project No. 9009 Dear Mr. Goehringer: The owners have obtained an approved Suffolk County Health Department permit for the installation of a new 2-family sanitary system for their existing 2-family residence on the corner of Goldin Lane and Soundview Avenue, Southold. The location of the system has been proposed at the corner of Goldin and Soundview to maximize the distance between the system and an adjoining neighbor is well to the south. This private well is the only well in the area, since public water is available. The variance requested for lot coverage would exceed the Lot 8-9 allowable coverage by two percent (2%) This is to provide for a storage shed and a lO-foot addition on the rear of the existing two family residence. If the proposed storage shed was eliminated, and 6" was removed from the rear of the proposed 10' addition, the lot coverage would comply with the Code. The owners are requesting relief for the Lot 8-9 expansion since it is minimal; and are willing to place a C & R for no development on the separate Lot 4 which they own on the Long Island Sound side of Soundview Avenue, which is a separate building lot. The owners also believe that the existing two family residence is a proper use of the site as it provides a transition between the motel use on the adjoining easterly property line and the surrounding single family residential neighborhood. Therefore, the owners respectfully request that the Zoning Board of Appeals grant the requested variance since it is (1) minimal; (2) the new septic system will be installed further from the neighbor's well than the existing cesspool; (3) the benefit of leaving the Sound front lot vacant will maintain a neighborhood vista over the Long Island Sound; and (4) provide permanent open space. Thank you for your consideration. LMF :ek cc: Southold Town Planning Board II qLandscape Architects, Architects, Engineers 1500 Lakeland Avenue, Bohemia, N.Y. 11716., 516 · 563 · 4800., FAX 516 · 563 · 4807 PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L Edwards Telephone (516) 765-1938 Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Fax (516) 765-1823 RE: Lead Agency Coordination Request Dear Reviewer: The purpose of this request is to determine under Article 8 (State Environmental Quality Review Act-SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617 the following: 1. Your jurisdiction in the action described below; 2. Your interest in assuming the responsibilities of lead agency; and 3. Issues of concern which you believe should be evaluated. Enclosed please find a copy of the proposal and a completed Environmental Assessment Form (EAF) to assist yQu in y~ur ~esponse. Requested Action: SEQRA Classification: ( ) Type I (~) Unlisted Contact Person: 1~0/'~-~'~ ~-'". (5~)-765ai938 The lead agency will determine the need for an environmental impact statement (EIS) on this project. Within thirty (30) days of the date of this letter, please respond in writing whether or not you have an interest in being lead agency. Planning Board Position: (~) This agency wishes to assume lead agency status for this action. ( ) This agency has no objection to your agency assuming lead agency status for this action. ( ) Other. ( See comments below). Comments: Please feel free to contact this office for further information. Sincerely, Bennett Orlowski, Jr. Chairman cc: Board of Appeals ~k~ard cf Trust==~ ~ Building'Department Southold Town Board Suffolk County Dept. of Health Services ~YC~C Stony B~o~k' NYSDEC - Albany ~N.Y.S. Dc~t. of Tran~ * Maps are enclosed for your_~eview Coordinating agencies SI=re Envlronment.l Quellty Review SHORT ENVIRONMENTAL ASSESSMENT For UNLISTED ACTIONS Only NYNEX Mobile Communications Mobile Communica-t~i~n~ ~',,-,'~.."~ Cutchogue-21855 Cty. Rd. 48 Co..,v Suffolk Construct building foundation for communications equipment. pre-fabricated building to house See Suffolk County Tax Map photostat attached. t Amo,..~o~..d...c,.d The total area of ~.,..,v .03 acres .03 acres parceI--'[s --- Set back requirements require a variance I! Jhl ~cllon Il I~ Ih~ gOllJll ~[i!, IJ~d you I[i I tllJl lqlll~y, compl®l$1~t golllII ~lllllmllll Form blJo~I pro~l~g ~llh lhll IIIlIImtlll OVEn PART fl Envhonmental A~lselsment {To be cmnpletPd by As~encV) PART RI Oelermlnltlon of Slgnlflelnel (To he completed by ^eencv) INSTRUCTIONS: For each ad,,.rse effect identified above, determine whether it is substantial, larRe' important or otherwise sienificant. Each effect should be assessed in connection with its (al settiml (i e. urban or rural); (b) probability of occurrinl~: (c) duration; (d) irreversibilitv; (e) Ileowraphic scope; and (f) maenitude. If necessary, add attachments or reference suppo~tin~ materials. En~ure that e~planatlons contain sufficient detail to show that all relevant adverse impacts have been Identified and adequately addressed. ~ Cb,ok this box ff you have Identilled one or mo~e potentially larRe or si~nifica.t adverse impacts which MAY occur, then proceed direCtly-to the-FULULONG FORM EAF ancot p~eD~e a positive declaration. ~ Check this bo~ if you have determined, based on the Info~matlon and analysis above and any supportin~ documentation. that the proposed action WILl. NOT result in ~ny tleniflcant adverse environmental Impacts AND provide here. and on attachments as necessary, the r~asofls s.pportn~ this determination: 'APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. 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 INTER-DEPARTMENTAL MEMORANDUM TO: FROM: DATE: SUBJECT: Planning Board Chairman Bennett Orlowski Attention: V. Scopaz Board of Appeals Attention: L. Kowalski November 8, 1991 Applicability of Site Plan Requirements to Certain Projects with Nonconforming Uses As requested recently by your office, we are furnishing a clarification of our concerns regarding site plan jurisdiction by the Planning Board under Section 100-250 of the Site Plan regulations for nonconforming uses, particularly since the use provisions of the zone districts require site plan applications for conforming uses only. We would like to make reference to two recent projects that are pending which involve principal uses, preexisting of the present zoning code and maps and which are both located in the residential zone districts. Since there has been no change in the "use" provisions of the Code in this respect, we merely want all departments to continue with the same answers. The specific use provisions of the district in our zoning code Page 2 - November 8~991 ~o~ Planning Board Re: Planning Board Reviews - Nonconforming Uses, etc. a~'e noted as follows for each project: l) Bert Lewis building on the south side of the Main Road in Mattituck - zoned Agricultural-Conservation and contains a nonconforming use as a real estate business office. The use provisions of the A/C Zone District do not, as we have all known, specifically state that there is a requirement for site plan approval by the Planning Board. 2) Homayuni & Kapotes (1000-135-2-22), which is zoned R-40 residential and the preexisting use is conforming under 100-30A.2(B) with a two-family occupancy, although the lot size and setbacks are nonconforming. The Homayuni & Kapotes project is under the current zoning code a conforming use, also on a nonconforming lot. You will note that this use is conditioned in the use provisions of the R-40 District and specifically requires site plan approval by the Planning Board. Both projects have had decisions rendered by the Board of Appeals, and at this time have not received building permits for the proposed new construction. Please provide us with a proposed schedule that would apply for nonconforming-use situations (with the fees for the same and a maximum time frame in which applications for this type of site plan review would be processed and finalized through your office). Following receipt of the proposed schedule, we will further communicate and advise. GG:lk cc: Harvey A. Arnoff, Town Attorney Matthew J. Kiernan, Asst. Town Attorney Building Department, Attn: All Building Inspectors APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD INTER-DEPARTMENTAL MEMORANDUM 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 FROM: DATE: SUBJECT: Planning Board Attention: V. Scopaz Board of Appeals Attention: L. Kowalski October 16, 1991 Applicability of Site Plan Requirements to Certain Projects with Nonconforming Uses We have recently become aware that the Planning Board is requiring the submission of a written site-plan application for review (and/or waiver) pursuant to the provisions under Section 100-250 of the Site Plan regulations, for nonconforming uses, with the exception of the single-family home use on a single and separate lot as set forth in Section 100-31A(1) and customary nonagricultural accessory uses to a single-family residential zone. Please confirm that this is the Planning Board's position in order that we may consider conditioning our decisions upon this requirement and keep all departments up-to-date on this ruling. It is our understanding that site plan applications will be required for all nonconforming uses (with the exception only of a single-family use on a single and separate lot). Thank you. lk cc: Matthew Kiernan, Assistant Town Attorney : Harvey Arnoff, Town Attorney APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD Ol~ APPEALS TOWN OF SOUTHOLD SCOTY L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 INTER-DEPARTMENTAL MEMORANDUM TO: FROM: DATE: SUBJECT: Harvey A. Arnoff, Town Attorney Matthew J. Kiernan, Asst. Town Attorney Jerry Goehringer, ZBA Chairman November 8, 1991 Covenants Required by Conditions of Variance Appl. No. 4009 - Premises of Alex Homayuni and Ors. Soundview Avenue, Southold A proposed Declaration of Covenants and Restrictions has been drafted by James A. Schondebare, Esq. in behalf of the property owners concerning the above conditional approval of this board rendered on September 26, 1991 (a copy of which is enclosed for your reference). The wording of the Declaration appears to be short. We thought that the covenants and restrictions should elaborate somewhat as to the purpose and intent of these covenants and restrictions (with reference that the owners have applied for an application to the Board of Appeals for variances, and in order' to comply with the Board's variance conditions and obtain a building permit for the reconstruction and expansion of an existing two-family dwelling structure, that the Declarants agree to relinquish rights to build upon the waterfront tract of land). Does paragraph %3 clearly provide that these restrictions will be binding upon all future owners, and their successors, heirs and assigns, in perpetuity? Do you think it is necessary to add a provision concerning enforcement by the Town in the event of failure of an owner to comply with this condition, or to mention which court would have jurisdiction? APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. 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 April 25, 1991 Mr. Lawrence M. Feeley, R.A. Ward Associates 1500 Lakeland Avenue Bohemia, NY 11716 Re: Appl. No. 4009 - Homayuni & Kapotes Dear Mr. Feeley: As you know, the March 22, 1991 public hearing was opened and the hearing was extended to our latter May hearings calendar as requested since a representative from your office was unable to attend. At our March 22, 1991 meeting, the Board inquired as to the requirements of a septic system for the expansion by this project for the two-family dwelling structure. We have been advised by the Suffolk County Department of Health Services that a complete application will need to be submitted to their agency prior to its commenting on the acceptability of the plan on file. We have also been advised that a new sewage disposal system is required, and that an application for two-family dwelling use is necessary. /I~ the interim, it is requested that you proceed with a complete application for a two-family dwelling expansion to the Suffolk tCounty Department of Health Services at this time. Once the County Health Department application has been filed in complete form, we will coordinate our request to the County for comments, prior to re-advertising this application for a second hearing. Please keep us posted regarding developments. Very truly yours, lk GERARD P. GOEHRINGER Enclosure CHAIRMAN DEPARTMENT OF HEALTH S[ERVICES COUNTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE 2 4. DAVID HARRIE, M.D., M.P.H. COMMISSIONER April 19, 1991 Gerard Goehringer Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Re: Expansion of Two-Family Dwelling SCTM% 1000-135-2-22 Dear Mr. Goehringer: I am in receipt of your letter concerning the above (attached). In answer to your concerns, the existing sewage disposal system should be upgraded. However prior to commenting on the acceptability of the plan, which was submitted, it is desirable to have a a completed application submitted to this Office. Of primary concern are the soil/groundwater conditions and proposed method of water supply. If private wells are still being utilized, then precautions must be taken to protect neighboring water supply wells. Since a new sewage disposal system is required, the applicant should make an application for construction of the sewage disposal system for the two-family dwelling. If you have any questions concerning this please feel free to contact me. Royal Reynolds, P.E. APPEALS BOARD MEMBERS Gerard P. Goelwinger, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio. Jr. Robert A. Villa · 'i~elephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD March 26, 1991 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 Mr. Peter R. Akras, P.E. Suffolk County Department of Health Services County Center Riverhead, NY 11901 Re: Proposal for Expansion of Two-Family Dwelling Property Location: 1000-135-2-22 at Southold Dear Mr. Akras: Our office has received an application for the proposed expansion and alteration of a two-family dwelling structure situated along the south side of Soundview Avenue and along the east side of Goldin Avenue (or Lane), Hamlet and Town of $outhold. It is our understanding that the applicant or his agent is proposing to install a new septic system providing 900 gallon precast concrete septic tank and three 9' in diameter x 4' deep precast concrete seepage rings with concrete covers. Although the use of the dwelling preexists zoning (1957), will the new septic system as proposed, and re-positioned at less than 100 feet from the neighboring systems to the south side of the dwelling structure be those standards required by the Suffolk County Department of Health for two-family use? The public hearing on this application will continue at our May hearings calendar. May we have your comments in this respect? Attached is a copy of the sanitary system sketch filed with our office (and which may or may not be the same on file with your office at this time). Should additional information be necessary, please don't hesitate to contact us. Very truly yours, CHAIRMAN By Linda Kowalski Enclosure APPEALS BOARD MEMBERS Gerard P. Ooehringer, Chairman Charles Ofigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD March 26, 1991 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 Mr. Peter R. Akras, P.E. Suffolk County Department of Health Services County Center Riverhead, NY 11901 Re: Proposal for Expansion of Two-Family Dwelling Property Location: 1000-135-2-22 at Southold Dear Mr. Akras: Our office has received an application for the proposed expansion and alteration of a two-family dwelling structure situated along the south side of Soundview Avenue and along the east side of Goldin Avenue (or Lane), Hamlet and Town of Southold. It is our understanding that the applicant or his agent is proposing to install a new septic system providing 900 gallon precast concrete septic tank and three 9' in diameter x 4' deep precast concrete seepage rings with concrete covers. Although the use of the dwelling preexists zoning (1957), will the new septic system as proposed, and re-positioned at less than 100 feet from the neighboring systems to the south side of the dwelling structure be those standards required by the Suffolk County Department of Health for two-family use? The public hearing on this application will continue at our May hearings calendar. May we have your comments in this respect? Attached is a copy of the sanitary system sketch filed with our office (and which may or may not be the same on file with your office at this time). Should additional information be necessary, please don't hesitate to contact us. Very truly yours, Enclosure GERARD p. GOEHRINGER CHAIRMAN By Linda Kowalski ASSOCIATES, !,; !,\ ~ W~R 2 1 1991 March 19, 1991 Zoning Board of Appeals Town of Southold Main Road Southold, New York 11971 Re: Appeal No. 4009 Alex Homayuni, Charles Kapotes and Others Corner Soundview Avenue & Golden Avenue Gentlemen: On behalf of our client, we respectfutJ~ request a postponement of the hearing for a future date, since our representative cannot attend the Friday, March 22nd, 1991 meeting to present the proposed improvements. Thank you for your consideration. y yours, Lawrence', Vice President R.Ao LMF:ek cc: Alex Homayuni & Others qLandscape Architects, Architects, Engineers i500 Lakeland Avenue, Bohemia, N.Y. Il 716 * 516 · 563 · 4800 * FAX 5~ 6 · 563 · 4807 Board of Appeals Town of Southold March 22, 1991 Dear Sirs: With regard to Variance Application No. 4009 by Alex Homayuni, Charles Kapotes, and others, for permission to construct an addition to their property, we, Ann and Stan Kempner, owners of the property adjoining to the south would like to enter into the record our objection to a specific item shown in the proposed construction details. We note that a letter dated Jan. 28, 1991, from Ward Associates to the Zoning Board includes a sketch indicating that the new leaching pool is to be installed approximately 55 feet from our private well. This well is our sole source of potable water. Page 5 of "Suffolk County's Department of Health Services Standards for Subsurface Sewage Disposal Systems for Other Than Single -Family Residences" shows that Septic Tanks must be located at least 100 feet from a private well and that Leaching Pools must maintain a minimum distance of 150 feet from the well. We request that the location of the new underground sewage system be changed in order to comply with the above noted standards. Stanley Kempner PATRICIA WI-UTMOP, E 14 ARGYLE ROAD ASSOCIATES, linC. . January 28, 1991 <~ :oO~ I~} Zoning Board of Appeals Town of Southold Main Road Southold, New York 11971 Re: Alexandria Homayuni and ORS Residence Addition W. A. Project 9009.01 Gentlemen: This letter is in response to several questions raised regarding the above project. Upland Lot Size 104.76 (average widt~i;~, 98.73 (average depth) 10,342.95 x 20% square feet (total lot) allowable buildiBg coverage square feet (max! building coverage) Residence 1,425.0 682.5 80.0 2,187.50 - 2,uoS.u9 square feet (existing) square feet (addition, 65' x 10.5') square feet (separate storage shed) square feet (total 2roposed building coverage) square (total proposed building coverage) square feet (max. building coverage) square feet (over allowable) Gross Square Feet of Completed Construction 1,425.0 682.5 80.0 627.0 2,81.--a~-~ square feet (existing) square feet (addition, 65' x 10.5') square feet (separate storage shed) square feet (second floor) square feet (gross, 1st & 2nd floors) Landscape Architects, Architects, Engineers 1500 Lakeland Avenue, Bohemia, N.Y. 11716 · ,516 · 563 · 4800 · FAX 516 · 563 · 4807 Zoning Board of Appeals Homayuni Residence January 28, 1991 Page Two. Height of Proposed Construction Peak of roof structure (27 feet above grade) Septic System Proposed elimination of existing cesspool and provision of new as per attached site plan. If there is any further clarification necessary, please do not hesitate to call me. Thank you for your attention. ~R.A. Vice President LMF:ek cc: A & A Homayuni Page 10 - Appl. No. 4056 Constantinos Markotsis Hearing Transcript of September 26, 1991 MR. FITZGERALD: I don't have anythiDg to add to that except that it was ~h6re a)ready and Mr. M~rkotsis built it ih good faith and we're to fix it. That's the situation right now. CHAIRMAN: So we are in this particular case, notwith standing the steps, we are about 10" outside of the variance area for the deck itself and some 3+ feet if we included the steps. MR. FITZGERALD: Yes, so the steps could be moved. CHAIRMAN: I would assume that in dealing with this application I'll make a motion that the deck not be any further enclosed other than what is there in the roofing . MR. FITZGERALD: To finish the roof. Nothing solid. CHAIRMAN: That's fair. Making it a habitible portion of the house. We thank you sir. Anyone else who would like to speak in favor of this application. Against the application. Hearing no further comment, I make a motion to close the hearing reserving decision until later. ALL IN FAVOR. AYE. Appl. No. 4008 - ALEX HOMAYUNI AND CHARLES KAPOTES The Hearing opened at 8:04 p.m. The (Chairman read the legal notice for the record and application before receiving testimony. CHAIRMAN: This was recessed from March 22, 1991 and is in behalf of the applicants being represented by Ward Associates. I see that gentleman in the rear of the room who appears to be from Ward Associates. Would you like to say something concerning this proposal sir. LARRY FEELEY: I'm from Ward Associates on behalf of the owners. We have stated in the letter of August 29 and I believe you have a copy... Basically what the owner's position is on behalf of this application is that they believe the lot coverage being 2% of the lot over the allowable is fai. rly minimal in magnitude and they felt the use being tw.o family which has a CO prior to, I assume the code change,would permit that use and also that the use being a two family immediately adjacent to the motel uni~Bas a fairly reasonable transition between the motel and the s~e family dwellings in the area. As a concession the owners are willing to put a covenant restriction on the water side parcel in order to keep that commonly open as to public access'as ~to the view of the Sound. It would not be permitted to be built on other restriction, that th'e owners would be Willing to place on that. Other than that, I think that is about all I can say. At the last hearing, I apologize, we were not able to come to, the concern was raised regarding the sanitary system which Page 11 - Appl. No. 400§. 21ex Homayuni and Charles Kapotes Hearing Transcript of September 26, 1991 LARRY FEELEY: continued has been addresse~ since then and we! are currently even modifying the approval that we have already gotten. Recently we spoke to the Health Department two days ago and will upgrading it from a modified one family system to a full-fledged two fqmily sanitary system which was put in the remotest corner we could find in the site actually to give us adequate clearance to the well, which was brought up at the last meeting. Therefore, we would mee~ the Suffolk County Health Department requirements for a two family sanitary flow also and permit the permissible distance to the well would be more than adequately satisfying. That's all. CHAIRMAN: Let me just ask you a question. What would happen if we did not grant the 2% lot coverage over. LARRY FEELEY: I believe that is stated here. The coverage was needed for the storage shed which is an 8 x 10 proposed shed which would replace the metal shed they have on the site now. Also, about 6" would have to be taken off the addition which is roughly 10' and therefore decreasing the interior rooms to less than 10 on that side of the building. We just felt that was minimal, but it could be done if that was required. CHAIRMAN: The addition itself, I apologize, because as you know, there are many hearings since March and that's why I~ refreshing my memory here with this thing. The addition itself is approximately 10' off the rear of the house as it actually has two front yards. So if we do not grant the lot coverage of 2% it would mean the removal or the non-existence of a new proposed shed and some surgically carving of whatever that percentage would be away from the house. You're still continuing with the well. The well is going to be utilized on the house - you're not going to hook up to Greenport water. LARRY FEELEY: We are hooking up to city water which is available to the whole neighborhood. I believe it is the Kemptner's side, the adjacent parcel. They have a well which they want to and can't even use. The reason we did it was to clear their well. CHAIRMAN: So you're going to be far enough away from them. You're going to be 100' from their well. LARRY FEELEY: 100 plus, I believe it is 140' to our septic. CHAIRMAN: The cess pool system is going, to go, where. LARRY FEELEY: I guess the northwest corner of the site. Like I said, we. would be connected to city water. They are now. CHAIRMAN: We thank you sir. We will see if there are any questions..Is there anyone else who would like to speak in favor of this application. Anyone like to speak against the appl'ication. Yes sir. Would you kindly state your name for the record. Page 12 - Appl. No. 4008 Alex Homayuni and Charles Kapotes Hearing Transcript of Spetember 26, 1991 MR. KEMPNER: I'm satisfied with the moving of the sewer system. I just heard something now which ! object to and~this is the covenant and restriction on building on that~lot 4 because that~is a public beach. CHAIRMAN: You mean other people have rights of way of that beach. MR. KEMPNER: Other people hav~ rights on it and we pay two thirds of the taxes on it with the other people so I don't know if they have a right to give that covenant. I don't know what they gain by doing it. I think they hurt themselves because sometime in the future they might want to put a little boat shed down there and then they would be restricted from doing it. It doesn't make sense to me. I can also say... CHAIRMAN: They do have title to it though, is that correct. MR. KEMPNER: They have title. I don't know how that works. CHAIRMAN: They have title to it and you pay for a portion of the tax. MR. KEMPNER: We've paidfor a portion of the taxes and we have beach rights in perputuity. CHAIRMAN: Is that the exact location of the public beach or the beach area through Goldin Lane. Is that what everyboy uses. MR. KEMPNER: That's what the east side of the laneuse, CHAIRMAN: The west side has another. ~ MR. KEMPNER: The west side has the adjacent forty feet. This plot plan is very misleading. Change tape - some discussion inaudible. MR. KEMPNER: That altitude line now is under water. I would like to see that convenant and restriction removed. MEMBER VILLA: For clarity purposes I think what they're talking about is sterilizing f~r a residence. Residential construction. In other words you wouldn't want a house built there. MR. KEMPNER: It is 40 x 50 lot. How can you build a house there. MEMBER VILLA: You're saying that but we have seen strange things happen. The Courts rule that if it held in single and separate ownership ~m~ it's a separate entity it can be built upon. So basically, all they.afe~doin§ is that they are going to sterilize it so a residential structure cannot be built upon it. I think the C & R's can allude to that if that is what,your concern is. Page 13 - Appl. No. 4008 Alex Homayuni and Charles Kapotes Hearing Transcript of September 26, 1991 MR. KEMPNER: That's my only concern. At one time there was a very steep stair there. MEMBER VILLA: Our concern is increased density. We don't want anything else happening there and I think we didn't clarify that. MR. KEMPNER: But if we wanted'~o put a deck on the stair that would be something different and we'll have that option. Because at onetime there was a very steep stair and we had two older women living on the block and we redesigned the stair and put a little deck on there so they would have a place to stop going up and down. MEMBER VILLA: The C & R's can be explicit so there won't be any residential construction. CHAIRMAN: We would say no primary structures. MR. KEMPNER: That's fine with me. CHAIRMAN: Does any one want to add to it? LARRY FEELEY: I didn't think of Mr. Kempner's objection. That is fine w~th us. We would just like to offer it so that the public view would be maintained. We do know that the immediate adjacent parcel owned by the Xrg- yrides's .~ does have a DEC permit for construction so you tell me it couldn't be built on as was stated already and that's why we can offer it. CHAIRMAN: Your applicants do have title'to Lot #4 don't you. LARRY FEELEY: Yes. CHAIRMAN: Hearing no further questions I'll make a motion closing this particular hearing and reserving decision until later. ALL IN FAVOR: AYE. Page 20 - Appl. No. 4055 Arthur Truckenbrodt Hearing Transcript of September 26, 1991 CHAIRMAN: I really can't answer that. BOARD ASSISTANT L. KOWALSKI: ~There is a violation on the pro- perty. CHAIRMAN: There is a is seeking to rectify application, I assume. violation on the property. The applicant tha~ violation by the nature of this MEMBER: It seems you got the cart before the horse. BOARD ASSISTANT L. KOWALSKI: When was it built? CHAIRMAN: Do we have any idea when it was built. MR. BOYD: It was begun this Spring some time. I don't know exactly when the violation notice was put on it. I agree it is the cart before the horse. I apologize for it but I wasn't there. I had nothing to do with that aspect. Certainly if he came to me I would have suggested it be done the other way around. Again, if clients always follow things I told them, I would be out of business pretty soon. CHAIRMAN: Thank you again. Hearing no further comment, I make a motion closing the hearing and reserving decision until later. ALL IN FAVOR: AYE. Theresa Reil~y~ (Prepared from tape recording) Page 36 - March 22, 1991 Public Hearing - John F. Southold Z.B.A. Garry CHAIRMAN GOEHRINGER: It's going to remain unlighted and just the way it is. MR GARRY: Yes. CHAIRMAN GOEHRINGER: We thank you very much for coming in, we'll see if there's anybody else that has any questions and hope to have a decision for you very quickly. Thank you sir. Is there anybody else who would like to speak in favor of the application? Is there anybody who would like to speak against the application? Questions from Board Members? None. Being no further questions I make a motion closing the hearing reserving decision until later. Ail in Favor - AYE. MR KEMPNER: How about this application 4009. ~ ~ CHAIRMAN GOEHRINGER: I apologize for this sir. You sat here all night in great anticipation of this, I'm not laughing at you I assure you, I'm, we received a letter postponing that. However I'm going to open it. So if you have anything that you would like state you are very welcome to. MR KEMPNER: Well I wrote a notice. CHAIRMAN GOEHRINGER: Just let me open the hearing first and then you can do something. The Chairman opened the hearing at 9:04 pm and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a copy of a site plan indicating this particular house as it exists and a house with the proposed additions and a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Would you like to make your statement sir? Just state your name for the record if you would. MR KEMPNER: My name is Stanley Kempner. With regard to the variance application number 4009, by Alex Homayuni and Charles Kapotes and others for permission to construct an addition to their property, we, Ann and Stan Kempner owners of the property adjoining to the south would like to enter into the record our objection to a specific item shown on the proposed construction details. We note that a letter dated January 28, 1991, from Ward Associates to the Zoning Board includes a sketch indicating that the new leeching pool is to be installed approximately 55 feet from our private well. This well is our sole source of potable water. Page 5 of Page 37 - March 22, 1991 Public Hearing - Alex Homayuni, Charles Kapotes, Southold Z.B.A. and others MR KEMPNER, cont'd: Suffolk County Department of Health Services Standards for subsurface sewage disposal systems, for other than single family residences shows that septic tanks must be located at least 100 feet from a private well and that leeching pools must maintain a minimum distance of 150 feet from the well. We request that the location of a new underground sewage system be changed in order to comply with the above noted standards. That's our big concern. CHAIRMAN GOEHRINGER: We will definitely raise that issue when we reconvene the hearing and if need be we'll write a letter to the Health Department if we have to. MR KEMPNER: I have spoken to them. They have spoken to Ward Associates, but there seems to be a little conflict of what they understood, Ward had told them it was a one family house and this could bring a 100 feet separauion as required there, but they can bring it down to 65, with some exceptions. CHAIRMAN GOEHRINGER: Is that true Bob? MR VILLA: Generally on an existing house, if they are renovating a system or adding to it, the policy has been that they are allowed to do it if provided they go no closer to existing wells and what's there already. I have a question here too. Is this going to be a two family house? MS KOWALSKI: It is two family now. MR VILLA: If it's a two family house the system that's depicted on here, of a 900 gallon septic tank and a leeching pool, is only half the size that they would require. They would require an 1800 gallon septic tank and two leechin~ pools, so that it would expand the system even more. MR KEMPNER: My concern is the plan shows that they are going to have four bathrooms, two kitchens, two laundry rooms. So I mean that's a lot of water. MR VILLA: They would need a bigger sewage system, which would even impact the lot area more so. MR KEMPNER: But I would just like to see the new system put on the other side of the house. CHAIRMAN GOEHRINGER: Well we thank you for coming in Mr. Kempner and we will definitely do the best we possibly can to assist you and I'm sorry that you had to wait here. MR KEMPNER: That's alright it was interesting. Page 38 - March 22, 1991 Public Hearing - Alex Homayuni, Southold Z.B.A. Charles Kapotes, and others CHAIRMAN GOEHRINGER: Hearing no further comment, I'll make a motion, well actually we are recessing it till May without a date. Ail in Favor - AYE. NOTICE IS HEREBY GIVEN, Perm~nt to Seclion 267 of the Town L~w and ~e C~e of ~e To~ of ~ h~ f~ ~c Hall, 53095 Mn~ Road, Southold, NY 11971, on ~ ~e ~ ~ ~ow: (1) 7:30 p.m. A~I. No. ~54 ~ A. H~S, ~ Va~ m ~ ~S O~n~, A~e X, ~ 1~1~ (and A~c~ ~, ~ I~2A) ~g ~ ~g ~crease of the degr~ of sethac~ ~ 24~75 M~ Roed, O~n~ NY; ~ 1~, BI~ ~ ~ 3~ ~D~. ~OSEPH ~RP~, Vance to ~e ~n~ Ord~ce, A~ ~, ~ 1~32 f~ ~- ~p ~o. 1~38-5-5. (3) 7:~8 p.m, A~I. No. ~53 - ~ 1~-~9~B f~ ~si~ Cove. The subject premises is ~fe~d ~ ns (~) ~ N~- ~ ~, G~ ~; C~ty T~ ~ No, 1~7-2-30. (4) 7=40 p.m. A~I, No. 4O52 - JOHN AN~ EVEL~ KEA~ A~ ~ ~ I~IA~) ~d A~cte ~, ~ ~-~, ~ew Av~e, ~old, NY; ~n~ WILLIAM AND .lOAN FISH~ ~-239.48 f~ ~ission m c~- ~on of ~y: 1935 P~e Tr~ Road, Cutchogue, NY~ C~nt~ T~ .._M~ ~o, 1~9~-~-I1.1. (6) 7:48 p.m. Re: AppL No. 3539. MICHAEL HERBERT. Application withdrawing Z.B.A. determination rendered September II, 1986 con- cerning a Special Exception to the Zoning Ordinance involving the Suheequem to the Bed and Breakfast, tion approval rendered March 29~,~ is made pursuant to Condition No. 1 tenuinafion. The subject premises is located in the Hamlet-Business (FIB) size. Location of Property: 795 Pike Street, Matrituck, NY; County Tax Map No. 1000-140-2-23. (7) 7:50 p.m. Appl. No. 4056 - CONSTANTINOS MARKOTSIS. Article xxm, Section 100-239.4(B) eddition at less than the required 75 feet of the bulkhead. The subject located in the R-40 Zone District~/v Locmi(m of Property: Comer of the somh side of Main Bayvinw Road and the east side of Williamsb~g Drive (private reid), Semhoid, NY; Ceunt¥ ~(8) 8p Parcel No. 1000-78-$-12.-...... :00 p.m. AppL No. 4008 - ALEX HOMAYUN~ ~ CHARLES 22, 1991). Variances tO the Zoning Ordinance, Article XXIV, Section I00-2448 and Semion 100-243A for permission to ~oustma additions ~d accesso~ building: (1) ~ the for nH structures/buildings, (2) ionconformlng two-family Imildins. (Nonconformities of the subject mrds, and mo-family u~ in this R- cfly: Comer of Goldin Avenue and the s~th side e~ Sonndvinw Ave~2e, Sonthold, NY; Cem3ty Tax Map No. 1~-135-2-~., 16, 17, 18, 19, (nB as erie tract of land f0~ lmtposes of ,z~_ ing). '-~'(9) 8:10 p.m. Appl. 4050 - s~ area, and/or clarification of ZBA AppL Nos. 3675 and 3674 as to whether or no~ Condition No. 2 of the November 18, 1997 de'sion intended to prot~blt ju~ Ix~inS of vehicles in front of ~utside di~ay a~o. Locmion of Pmpe~y: Comer of Co~ge place and the south side d the Main Road, Seuthold, NY; County Tax Map No. 1000-62-3-20 and 19 (combined as plarad~g fo~ the existing use). STATE OF NEW YORIO /~-~ ~- ~~ ) ~ RUTH A. PQJWOOA COIIMTV ~;: ~116"?.~l~ ~'/Publ'~, ~0 of New ~d ~un~, b~ du~ ~om, ~ t~t he/she b P~nci~l Clerk of THE SUFFOLK ~MES, a Weekly Newspaper, publbhed at Mattltuc~ In t~ Town of So.hold, ~un~ of Suffolk and S~te of N~ Yo~, ~d that the Notice of ~lch ~,<~..ssively, the annexed b a printed copy, has been regularJ~ published in said Newspaper once each week for ~ weeks commencing on the /~ day of Principal Clerk SWorn to beforo~nn this ~_~' ayof /,~ 10 ~'~/ (10) 8:15 p,m. AppI. No. 4055 ARTHUR TRUCYO~NBRODT. Vmi: ante to the Zonlng O~iinan~e, A~icle accesso~ sh~ I~a~d ~ ~e side ya~ a~a. Panel ~ substan~ in ~e ~ of A~s ~ at ~d comments may also ~ submitto~[ heave. Ea~ bea~S ~ not BY ORD~ OF ~E ~O~ ~ BO~D ON APP~ /~ ! By Linda Kowalskl '71,~.~Tg19 NOTICE OF HEARINGS NOTICE IS HEREBY GIV- EN, 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, NY 11971, on THURSDAY, SEPTEMBER 26, 1991, commencing at the times specified below: 7:30 p.m. Appl. No. 4054- WILLIAM A. HANDS, JR., Variance to the Zoning Or- dinance, Article X, Section 100-102 (and Article XXIV, Sec- tion 100-242A) for permission to construct addition at the rear of existing principal building with a reduced easterly side yard set- back and with an increase of the degree of setback nonconfoi'- manee. Zone District: General Business-B. Location of Proper- ty: 24375 Main Road, Orient, NY; County Tax Map District 1000, Section 18, Block 2, Lot 32. ,7:35 p.m. Appl. No. 4049- MR. AND MRS. JOSEPH CARPENITO. Variance to the Zoning Ordinance, Article Ill;' Section 100-32 for permission to' construct garage addition with insufficient front and side yard setbacks. The subject parcel is known as LOt 177 of Gardiners Bay Estates, Section Three, is substandard in size, and is located in the R-40 Zone District. Location of Property: 170 Dogwood Lane, East Marion; County Tax Map No. 1000-38-5-5. 7:38 p.m. Appl. No 4053- DOUGLAS MORRIS. Variance 5,, to the Zoning Ordinance, Arti- cle XXIII, Section 100-239.4B for permission to construct deck and step area within 75 feet of the bulkhead along Pipes Cove. The subject premises is referred to as (combined) LOt Numbers 24 & 25 and is substandard in size. Location of Property: 1665 Shore Drive, Greenport, NY; County Tax Map No. 1000-47-2-30. 7:40 p.m. Appl. No. 4052- JOHN AND EVELYN' i KEATING. Variance to the Zon- ing Ordinance, Article XXVIII, Section 100-281A(7) and Article XX1V, Section 100-244, for ap- proval of lot which is noncon- forming and has not IJeen held in single and separa~ ownership since 1957, and upon which is proposed the removal of the ex- isting dwelling. A new dwelling structure will be applied for in the future to locate a dwelling Which shall not be closer than 45 feet as restricted by Appeal No. 3703 rendered June 2, 1988. Total lot area is substandard at 22,137 sq. ft. in this R-40 Zone District. Location of Property: 19995 Soundview Avenue, Southold, NY; County Tax Map Parcel No. 1000-51-4-6. 7:45 p.m. Appl. No. 4051- WILLIAM AND JOAN FISHLINGER. Variance to the Zoning Ordinance, Article XXllI, Section 100-239.4B for permission to construct decks and steps between rear of ex- isting dwelling and existing bulkhead. Parcel is conforming as to lot size in this R-40 Zone District. Location of Property: 1935 Pine Tree Road, Cut- chogue, NY; County Tax Map No. 1000-98-1-11.1. 7:48 p.m. Re: Appl. No. 3539:! MICHAEL HERBERT. Ap- plication withdrawing Z.B.A determination rendered September ID, 1986 concerning a Special Exception to the Zon- ing Ordinance involving the establishment of a Bed and Breakfast. Subsequent to the Bed and Breakfast, the appli- cant received Special Exception approval rendered March 29, 1990, for two apartments, other than the owner-occupied manager's quarters, with condi- tions. This application is made pursuant to Condition No. I of the March 29, 1990 Z.B.A. determination. The subject premises is located in the Hamlet-Business (HB) Zone District and is substandard in size. Location of Property: 795 Pike Street, Mattituck, NY; County Tax Map No. 1000-140-2-23. 7:50 p.m. Appl. No. 4056- CONSTANTINOS MARKOT- SIS. Variance to the Zoning Or- dinance, Article XXIII, Section 100-239.4(B) for approval of screen-enclosed deck addition at less than the required 75 feet of the bulkhead. The subject premises is substandard in size ' and is located in the R-40 Zone District. Location of Property: Corner of the south side of Main Bayview Road and the east side of Williamsburg Drive (private road), Southold, NY; County ~lhx Map Parcel No. ~..00-78'5-12- p.m. Appl. No. ,LEX HOMAYUNI and 2HARLES KAPOTES. (Reconvened from March 22, 1990. Variances to the Zoning Ordinance, Article XXIV, Sec- tion 100-244B, and Section~ 100-243A, for permission to ionstruct additions and ac- ssory building: (1) exceeding e maximum lot coverage re- ~urirement for all struc- :ures/buildings, (2) increasing or enlarging, 'and reconstructing the existing nonconforming two- family building. (Nonconfor- mities of the subject premises are: lot area, both front yards, and two-family use in this R-40 Zone District.) Location of Pro- perty: Corner of Goldin Avenue and south side of Soundview Avenue, Southold, NY; County Tax Map No. 1000-135-2-22, 16, 17, 18, 19, (all as one tract of land for purposes of zoning). 8:10 p.m. AppL No. 4050- RICHARD MULLEN. JR. Variance to the Zoning Or- dinance, Article X, Section 100-10lC, for approval of two concrete vehicle-display pads located in the northerly front yard area, and/or clarification of ZBA Appl. Nos. 3675 and 3674 as to whether or not Con- dition No. 2 of the November' 18, 1987 decision intended to prohibit just parking of vehicles in front of outside display area. Location of Property: Comer of Cottage Place and the south side of the Main Road, Southold, NY; County Tax Map No. 1000-62-3-20 and 19 (combined as one lot for purposes of zon- ing and planning for the existing use). 8:15 p.m. Appl. No: 4055- ARTHUR TRUCKENBRODT. Variance to the Zoning Or, dinanee, Article III, Section 100-33, and Article XXIV, Sec- tion 100-242, for approval of an addition to existing dwelling' with a reduced rear yard set: back, and of an accessory sbed~ located in the side yard area. Parcel is substandard in size and is located in the R-80 Zone District. Location of Property: along the westerly side of a private right-of-way known as Deidrick Lane, Orient, NY; County Tax Map No. 1000-18-03-27. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each of the above matters. Written com- ments may also be submitted conclusion of the subject hearing. Each hearing will not start before the times designated. For more informa- tion, please call 765-1809. Dated: September 12, 1991. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By: Linda Kowalski IX-9/19/91(42) COUNTY OF SUFF( ss: STA'I'IE OF NEW YORK Patricia Wood,' being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and lhat the notice of wMch the annexed is a printed copy, h.~s heen .l~ublished in s;dd Long Island Traveler-Watchman m~ce t'ach week for. .................... /. .... weeks successively, commencing on the ...................... · .' .................... ~hl')' ...... ~.., 19 ?../.. Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, St'~te ol New York No. 480G846 Qualified in Suffolk Coyntyr Commission Expires LEGAL NOTICE NOTICE IS HEREBY GIV- EN, pursuant to Section 267 of New York Town Law and the Code of the Town of Southold, the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, 53095 Main Road, Southold, NY 11971, on FRIDAY, MARCH 22, 1991: 7:32 p.m. Appl. No. 4008- TONY AND MARIE KOSTOULAS. Variance to the Zoning Ordinance, Article XXIV, Section 100-239.4A, Sec- ~-tion 100-244B, and Section 100-242A for permission con- struction which will decrease total side yards and reduce yard setback from bluff along the Long Island Sound. Location of Property: 1035 Aquaview Avenue, East Marion, NY; County Tax Map District 1000, Section 21, Block 02, Lot 013· 7:35 p.m. AppL No 4006- ERIC AND MARY ANN ALEXANDER. (Recessed from February 22, 1991) Variance for addition to dwelling with an in- sufficient side yard setback. Location of Property: South side of Peconic Bay Boulevard, Laurel, NY; County Tax Map Designation 1000-128-04.020. 7:38 p.m. Appl. No. 3988- ANTONIO VANGI. Variance to The Zoning Ordinance, Article XXIV, Section 100-244 and Ar- ticle XXIII, Section 100-239.4A for permission to construct garage addition with a setback of less than 100 feet from the top of the bluff along the Long Island Sound and with side yards at less than the required 15 and 20 feet. The dwelling as isis is nonconforming aa to total_' sideyards, and the lot area and width are nonconforming in this R-40 Zone District. Location of Property: 645 Glen Court, Cut- chogue, NY; County Tax Map Designation: 1000-83-1-17. 7:47 p.m. Appl. No. 4013- CARMINE AND VENUSTA CARNEVALE (V.A.F. Inc., Current Owner). Application re- questing review and determina- tion confirming or recognizing of this vacant lot for the pu.r- poses of obtaining a building permit for a single-family dwell- ing use in accordance with the zoning code bulk set-baCk regulations under Article XXI-V, Section 100-244. The subject lot is kn~o~.~w~.aqd r~ f$.r~e~ ~ 50 on the "Map of We~t Creek Estates;' filed on August 19, 1963 as Map No. 3848, and as exempted from lot area and width requirements (Section 100-12). Location of Property:. North side of Olenn Road, Southold, N~ County 'lhx Map Designation: 1000-78-2-7. 7:50 p.m. Appl. No. 3998- HENRY AND MARY RAYNOR. (Current Owners: Mr. and Mrs. Albert Mastropanlo). Variances: (1) for approval of access as required by New York Town Law, Section 280A over private right-of-way extending off the north side of Peconic Bay Boulevard, Laurel, to premfies idemified as Coun- ty Map Designation 1000-126- 04-1, 2, 5; and (2) to the Zoning Ordinance, Article ILIA, Section 100-30A.3, requesting relief under the bulk area re- quirements of the proposed nor- therly parcel of 30,162 sq. ft. and the proposed southeasterly parcel of 27,062 sq. ft. The sub- ject land is located in the R-40~;~ Zone District, and is also shown on the "Map of A.L. Downs" as Lots No. 24, 25, 26, 27, 28, 29, 30. Containing a Wtai com- bined area of 1.43± acres. 7:55 p.m. Appl. No. 4005- THOMAS KELLY AND NAN- CY IANNICELLI. (Recessed from February 22, 1991). Variance to locate garage in an area other than the required rear yard at 2725 Wells Avenue (or Wells Drive per assessment records), Southold; 1000-70-4-16. 8:05 p.m. Appl. No. 4007- JOHN F. GARRY. Variance to the Zoning Ordinance, Article III, Section 100-33 for approval of accessory gazebo structure in an area other than the required rear yard. Location of Proper- ty: 1285 Breakwater Road, Mat- t/tuck, NY; County 'Pax Map Designation: 1000-106-8-48: /~ 8:10 p.m. AppL No. 4009- ALEX HOMAYUNI, CHAR-- LES KAPOTES, AND OTHERS. Variance to the Zon- ing Ordinance under Article XXIV, Section 100-244B, and Section 100-243A, for permis- sion to construct additions and accessory building: (1) exceeding the maximum lot coverage re- quirement for all strut- tares/buildings, (2) incensing or enlarging, and ~constructing the existing nonconforming two- family building. (Nonconfor- mities of the subject premises are: lot area, both front yards, and two-family use in this R-40 Zone District. Location of Pro- vertv: Comer of Goldin-Avenue -.~ and Sound View Avenui, Southold, NY; County Tax Map Deslguation 1000-135-2-22, 16, 17, 18, 19, (ail as one tract of land for purposes of zoning)~ 8:30 p.m. Appl. No. 3981- PHYLLIS RAYNE BYER. Var- iances to the Zoning Ordinance, Article III, Section 100-30A(I), and Section 100-3 for approval of principai (second) dwelling unit, on second floor over ex- isting antique saies shop and residential apartment. (Subject premises is nonconforming as to the current regulations ap- plicable to lot area, parking and landscaping, and building set- backs in this Limited Business (LB) Zone District.) Location of Property: Comer of Main Road and Bay Avenue, Cutchogue, NY: County Tax Map Desigua- tion: 1000-85-3-2.1. Thc Board of Appeais will ~.~ said time and place hear an~ and all person~ or repte~ntatix~ desiring to be heard in ~w.h of the abev~ matters. Writtan com- ments may also be submit~d prior to the condtuion of the subject hearing. Bach bea~ will not start before the time allotted. Additional time for your presentation will be available, if needed. For more information, please call 765-1809. Dated: March 7, 1991. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN · -~' lX-3/14/91(19) Copies of legal notice for the September 26, mailed to the following 9/13/91: Mr. William A. Hands, Jr. 295 Willow Terrace Orient, NY 11957 1991 hearings were Mr. Warren sambach P.O. Box 1033 7675 Cox Lane Cutchogue, NY 11935 (picked up 9/13) Mr. Ernest Richter (Re: D. Richter Home Improvement Co. Box 112 515 Seventh Street Greenport, NY 11944 Morris) William D. Moore, Esq. (Re: P.O. Box 23 Clause Commons, Suite 3 Mattituck, NY 11952 J. Keating) Mr. David Cichanowicz Creative Environmental Design P.O. Box 160 Peconic, NY 11958 Mr. Michael Herbert 795 Pike Street Mattituck, NY 11952 Mr. James E. Fitzgerald, Jr. Proper-T Services P.O. Box 617 Cutchogue, NY 11935 . Lawrence M. Feeley rd Associates 00 Lakeland Avenue Bohemia, NY 11716 (Re: Markotsis) (Re: Homayuni & Kapotes) Karen J. Hagen, Esq. Wickham, Wickham & Bressler, P.O. Box 1424 Mattituck, NY 11952 Mullen Motors) Edward J. Boyd V, Esq. 54655 Main Road P.O. Box 1468 Southold, NY 11971 (Re: Truckenbrodt) Copies of the Legal Notice for Hearings to be held 3/22/91 were sent to the following on 3/8/91: Mr. Vito Randazzo 127 Swan Lake Drive Patchogue, NY 11772 Mr. and Mrs. Eric H. Alexander 4580 Peconic Bay Boulevard Laurel, NY 11948 Mr. John Scaramucci 2045 Westphalia Road Box 1403 Mattituck, NY 11952 Marie Ongioni, Esq. 218 Front Street P.O. Box 562 Greenport, NY 11944 Mr. and Mrs. Carmine Carnevale 1522 North Garbiner Drive Bay Shore, NY 11706 Mr. and Mrs. Henry Raynor, Jr. 320 Love Lane Mattituck, NY 11952 Dr. R. Tabi 2 Lloyd Haven Drive Huntington, NY 11743 Mr. J. Douglas Peix 50605 Main Road Box 333 Southold, NY 11971 Mr. and Mrs. Richard Wickbodt 25 Beach Road Great Neck, NY 11023 BoWard Associates, P.C. 1500 Lakeland Avenue hemia, NY 11716 Mr. and Mrs. Stanley Kemptner P.O. Box 1718 270 Golden Lane Southold, NY 11971 (Continued mail list for 3/22 hearings:) Mr. and Mrs. John Garry 1285 Breakwater Road Mattituck, NY 11952 Gary Flanner Olsen, Esq. Main Road P.O. Box 706 Cutchogue, NY 11935 James A. Schondebare, P.O. Box 1018 Southold, NY 11971 Esq. John M. Wagner, Esq. Esseks, Hefter & Angel 108 East Main Street P.O. Box 279 Riverhead, NY 11901 Times-Review Long Island Traveler-Watchman, Inc. ZBA Board Members with copies from files Individual hearing folders Original posted on Town Clerk Bulletin Board 3/7/91 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. 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 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. If you or your representative should require more than 20 minutes to present your case, it is suggested that the extended presentation be submitted in writing at the hearing (if possible). Please feel free to call our o~fice prior to the hearing date if you have any questions or wish to update your file. Yours verv trulv. Enclosure GERAd{D P. GOEHRINGER CHAIRMAN APPEALS BOARD MEMBERS Gerard P. Ooehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (5 ! 6) 765- ! 809 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 LEGAL NOTICE NOTICE IS HEREBY GIVEN, pursuant to Section 267 of New York Town Law and the Code of the Town of Southold, the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, 53095 Main Road, Southold, NY 11971, on FRIDAY, MARCH 22, 1991: 7:32 p.m. Appl. No. 4008 - TONY AND MARIE KOSTOULAS. Variance to the Zoning Ordinance, Article XXIV, Section 100-239.4A, Section 100-244B, and Section 100-242A for permission construction which will decrease total side yards and reduce yard setback from bluff along the Long Island Sound. Location of Property: 1035 Aquaview Avenue, East Marion, NY; County Tax Map District 1000, Section 21, Block 02, Lot 013. 7:35 p.m. Appl. No. 4006 - ERIC AND MARY ANN ALEXANDER. (Recessed from February 22, 1991) Variance for addition to dwelling with an insufficient side yard setback. Property: South Side of Peconic Bay Boulevard, County Tax Map Designation: 1000-128-04-020. 7:38 p.m. Appl. No. 3988 - ANTONIO VANGI. Zoning Ordinance, Article XXIV, Section 100-244 XXIII, Location of Laurel, NY; Variance to the and Article Section 100-239.4A for permission to construct garage Page 2 - Board of ~eals Notice of Hearings Regular Meeting - March 22, 1991 addition with a setback of less than 100 feet from the top of the bluff along the Long Island Sound and with side yards at less than the required 15 and 20 feet. The dwelling as exists is nonconforming as to total sideyards, and the lot area and width are nonconforming in this R-40 Zone District. Location of Property: 645 Glen Court, Cutchogue, NY; County Tax Map Designation: 1000-83-1-17. 7:47 p.m. Appl. No. 4013 - CARMINE AND VENUSTA CARNEVALE (V.A.F. Inc., Current Owner). Application requesting review and determination confirming or recognizing of this vacant lot for the purposes of obtaining a building permit for a single-family dwelling use in accordance with the zoning code bulk set-back regulations under Article XXIV, Section 100-244. The subject lot is known and referred to as Lot 50 on the "Map of West Creek Estates," filed on August 19, 1963 as Map No. 3848, and as exempted from lot area and width requirements (Section 100-12). Location of Property: North Side of Glenn Road, Southold, NY; County Tax Map Designation: 1000-78-2-7. 7:50 p.m. Appl. No. 3998 - HENRY AND MARY RAYNOR. (Current Owners: Mr. and Mrs. Albert Mastropaolo). Variances: (1) for approval of access as required by New York Town Law, Section 280A over private right-of-way extending off the north side of Peconic Bay Boulevard, Laurel, to premises identified as County Tax Map Designation 1000-126-04-1, 2, 5; and (2) to the Zoning Ordinance, Article IIIA, Section 100-30A.3, requesting relief under the bulk area requirements · Page 3 - Board of als Notice of Hearings Regular Meeting - March 22, 1991 of the proposed northerly parcel of 30,162 sq. ft. and the proposed southeasterly parcel of 27,062 sq. ft. The subject land is located in the R-40 Zone District, and is also shown on the "Map of A.L. Downs" as Lots No. 24, 25, 26, 27, 28, 29, 30. Containing a total combined area of 1.43+- acres. 7:55 p.m. Appl. No. 4005 - THOMAS KELLY and NANCY IANNICELLI. (Recessed from February 22, 1991). Variance to locate garage in an area other than the required rear yard at 2725 Wells Avenue (or Wells Drive per assessment records), Southold; 1000-70-4-16. 8:05 p.m. Appl. No. 4007 - JOHN F. GARRY. Variance to the Zoning Ordinance, Article III, Section 100-33 for approval of accessory gazebo structure in an area other than the required rear yard. Location of Property: 1285 Breakwater Road, Mattituck, NY; County Tax Map Designation: 1000-106-8-48. 8:10 P.m. Appl. No. 4009 - ALEX HOMAYUNI, CHARLES KAPOTES,~ D OTHERS. Variances to the Zoning Ordinance under Article / / IV, Section 100-244B, and Section 100-243A, for permission to/ . / nstruct additions and accessory building. (1) exceeding the~ ximum lot coverage requirement for all structures/buildings, ) increasing or enlarging, and reconstructing the existing nonconforming two-family building. (Nonconformities of the subject premises are: lot area, both front yards, and two-family use in this R-40 Zone District.) Location of Property: Corner of Goldin Avenue and Sound View Avenue, Page 4 - Board of ~eals Notice of Hearings Regular Meeting - March 22, 1991 Southold, NY; County Tax Map Designation 1000-135-2-22, 1~, 17,~ ~, (all as one tract of land for purposes of zoning). 8:30 p.m. Appl. No. 3981 - PHYLLIS RAYNE BYER. Variances to the Zoning Ordinance, Article III, Section 100-30A(1), and Section 100-3 for approval of principal (second) dwelling unit, on second floor over existing antique sales shop and residential apartment. (Subject premises is nonconforming as to the current regulations applicable to lot area, parking and landscaping, and building setbacks in this Limited Business (LB) Zone District.) Location of Property: Corner of Main Road and Bay Avenue, Cutchogue, NY; County Tax Map Designation: 1000-85-3-2.1. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the time allotted. Additional time for your presentation will be available, if needed. For more information, please call 765-1809. Dated: March 7, 1991. BY ORDER OF THE SOUl'HOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIPd~AN By Linda Kowalski APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. lames Dinizio, Robert V1 ~rl a Telephone (516) 765-1809 SCOTT L. HARRI Supervisor BOARD OF APPEALS TOWN OF SOUTHOLD S.E. ,O..R.A. ~ZPE II ACTION DECL4~TION Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 March 8-, 199-1~ Appeal No. 4009 Project/Applicants: Alex H0mayuni and 0rs. County Tax Map No. 1000-135-2-£2 Location of Project: 2219§ $oundview Avenue, S0uth0]d, NY Construction wi]] exceed permitted ]0t c0verage. 8ui]din9 non-c0nformin9 and has non-c0nf0rmin§ use Relief Requested/Jurisdiction Before This Board in this Project: This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Envirorunental Quality Review Act of the Environraental Conservation Law and Local Law #44-4 of the Town of Southold. An Enviromnental Assessment .(Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should be project be implemented as planned. It is determined that this Board's area of jurisdiction concerning setback, area or lot-line variances determines this application to fall under the established list of ~hrpe II Actions. Pursuant to Section 617.2jj, this Depar~ent is excluded as an involved agency. This determination shall not, however, affect any other agency's interest as an involved agency under SEQRA 617.2jj. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. tm ' 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 Dated: FEBRUARY 13, 1991 Re: ZONING APPEAL NO. 4009 - ALI HOMAYUNI AND OTHERS Transmitted herewith is Zoning Appeal No. 4009, application for a variance by Ali Homayuni and others. Also included is Notice to Akjacent Property Owners; Notice of Disapproval from the Building Department, dated December 10, 1990; copy of unsigned letter by Homayuni and Kapotas concerning a restrictive covenant; Short Environmental Assess- ment Form; ZBA Questionnaire; copies of plot plan; copy of letter from ZBA to Mrs. Stanley Kemptner; letter dated January 28, 1991 to ZBA from Ward Associates responding to questions raised by ZBA with partial plot plan attached; and a set of specifications, plot plan and location map (6 sheets). September 27, 1990 Building Department Town of Southold Main Road Southold, New Yo~k 11971 Re: Homayuni Residence Addition SCTM #1000-135-01-20, and SCTM #1000-135-02-22 Gentlemen: Please be advised that we the Owners of property known as SCTM #1000-135-01-20, and SCTM #1000-135-02-22 do hereby place a restrictive covenant on the Long Island Sound Lot No. 4, as identified on survey by Joseph A. Ingegno, L.S., dated December 15, 1986, from use as a separate lot from Lots 8 and 9 identified on the same survey; and that lots 4, 8 and 9 will be treated as a single merged lot even though separated by Sound View Avenue. The Owners further certify that they will have filed with the Suffolk County Clerks office a Restrictive Covenant to address this issue prior to obtaining a Certificate of Occupancy from the Building Department. Very truly yours, Homayuni Kapotas Homayuni Kapotas TOWN OF $OUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. CERTIFICATE OF OCCUPANCY No ..Z..29.~ ......... Date ................................... J*/~y...~. ........ , 19..,.~'c.[ THIS CE,'~TIFIES that ~he buiId ng located at...~...°..~.~.~....L....l~-...e..L..~..°...~.~.~...o..~...~.~....~..*..~.:. Street Mop No~s...l~.lf~l,~.... Block No....?.?.~f ............... LJ~ No. (..~...&..9 ...................................................... conforms substantially to the Application for Building Permit heretofore filed in this office dated ............................... ])~I3P--1TI~).~'...3,0]9..51~.., pursuant to which Building Permit No......~...~..~f ............ doted ..................... ~T~I'[ ~%IG.I'.~...6 ........... , 19..~[~,., was issued, and conforms to oil of the requirements of the opplicable provisions of the Iow The occupancy for which this certificate is issued is .............. .................................. ~,~ O...~AVff..L Z. ~.1~ ~ ;~ ~ ................................................................................ This certificate is issued to ..~ll'&..~J,...~/,B..~le...O~i~e~Z'. ...................................................................... (owner, lessee or tenant) of the aforesaid building. Building Inspector Hovard 1~. Terry .' .14-16-~ (2/871--Text 12 ' ' [PROJECT I.D. NUMBER 617.21%. SEQR Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be completed by ADplicant or Project sponsor) 1. APPLICANT/~PONSOR ,uni and ORS Homayuni Residence'Addition 3, PROJECT LOCATION: __ Munic~o..~, Southold ~ Counw Suffolk 4. PRECISE LOCATION (Street address and toad intersections, prominent landmarks, etc., or provide map) -'-------'-----"- 22195 Soundview Avenue and 390 Goldin Lane, Southold SCTM #135, Section 135, Block 2, Lot 22 5. IS PROPOSED ACTION: ~ [] New [] Exoanslon [] Moditlcatlonlalte~'atlon 6. DESCRIBE PROJECT BRIEFLY: ~ Addit?on to 2-family residence and separate storage shed AMOUNT OF LAND AFFECTED: Initially 0.017 acres Ultimately ___0.017 _ acres WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [] NO If NO. describe briefly Exceeds lot co.verage by 2%; and is a pre-existing 2-family non-conforming use. WHAT IS PRESENT LAND USE IN VlCINI1:y OF PROJECT? ' ent,~ ~ .['~ tndust,ia,. ?~'~ Commercial 0 Agricullure ~--I Par~ForestlOpen space DOth~ · L-Tamely residence is bordered by North Fork Motel on the east, Golden Lane on the west; single 'family house on the south, and Soundview Avenue on the north. 10. DOES ACTION INVOLVE A PERMIT A~PROVAL OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCy STATE OR LOCAL)? l--lNo I! yes. list agency{s) and pe~mit/approvats Building Permit from Town of Southold DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ~I No If yeb. list agency name and permit/approval Current C.O. from Southold Town Building Inspector 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? []Yes ~No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE name: Alex Homayuni and ORS. with this assessment I (Continued on reverse side) __~he~N.Y.S. Enviro'nmental Quality Review Act re uire before any action is taken. ~HORT ENVIRONMENTAL ASSRSSMENT FO~-! INSTRUCTIONS: (a) In order to answer the questions in this short EAF 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 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) E~vironmental Assessment 1. Will project result in a large physical change to the project site or physically alter more than 10 acres of land? Yes X NO 2. Will there be a major change to any unique or ~nusual land form on the site? Yes X No 3. Will project alter or have a large effect on an existing body of water? _ Yes X No 4. Will project have a potentially large, impact on groundwater quality? -- Yes ..X NO 5. Will project significantly effecu drainage flow · Yes X No 6. Will project affect any threatened or endangered plant or animal species? . Yes .X No ?. Will project result in a major adverse effect on air quality? ~Yes X No 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas known to be important to the community? ___Yes XNO 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical environmental area by a local agency? Yes XNo 10. Will project have a m~jor effect on existing or future recreational opportunities? ___Yes XNo 11. W£11 project result in major traffic problems Or cause a major effect to existing transportation · systems? Yes XNo 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's Operation? .. _Yes XNo 13. Will project have any impact on public health 15. Is there ~bllc controversy con~ernin project? IL ~1~ g the . Preparer,$ Signature~~ Reoresenting. Alex H0mayuni%O~S. _ Oats: I, I0o QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet may be attached.) Ali and Alex Homayuni Owners Charles Kapotes & Wife Owners B. Is the subject premises listed on the real estate market for sale or being shown to prospective buyers? { } Yes { X} No. (If Yes, please attach copy of "conditions" of sale.) C. Are there any proposals to change or alter land contours? { } Yes {X} No 1. Are there any areas which contain wetland grasses? No 2. Are the wetland areas shown on the map submitted with this application? No 3. Is the property bulkheaded between the wetlands area and the upland building area? No 4. If your property contains wetland~ or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? N/A E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? N/A (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fences which exist and are not shown on the survey map that you are submitting? None If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? No If yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state. H. Do you or any co-owner also own other land close to this parcel? No If yes, please explain where or submit copies of deeds. I. Please list present use or operations conducted at this parcel 2-famil~ residence and proposed use 2-famil~ residence Authorized Signature and Dat~/ Alex H0mayuni and ORS. 3/87, 10/901k § 97-13 WETLANDS § 97-13 TOWN -- The Town of Southold. TRUSTEES -- The Board of Trustees of the Town of Southold. [Added 6-5-84 by L.L. No. 6-1984] WETLANDS [Amended 8-26-76 by L.L. No. 2-1976; 3-26- 85 by L.L. No. 6-1985]: ~ '~ ' ~" · © ,~Y ~DAL WETLANDS: (1) All lands generally covered or intermittently cov- ered with, or which border on, tidal waters, or lands lying beneath tidal waters, which at mean low tide are covered by tidal waters to a maximum depth of five (5) feet, including but not limited to banks, bogs, salt marsh, swamps, meadows, fiats or other low lying lands subject to tidal action; (2) All banks, bogs, meadows, fiats and tidal marsh subject to such tides and upon which grows or may grow some or any of the following:, salt hay, black grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, groundsel, marshmallow and low march cordgrass; and/or (3) All land immediately adjacent to a tidal wetland as defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. FRESHWATER WETLANDS: (1) "Freshwater wetlands" as defined in Article 24, Ti- tie 1, § 24-0107, Subdivisions l(a) to l(d) inclusive, of the Environmental Conservation Law of the State of New York; and (2) All land immediately adjacent to a "freshwater wet- land," as defined in Subsection B(1) and lying with- in seventy-five (75) feet landward of the most land- ward edge of a "freshwater wetland." 9705 2-2s-ss APPEALS BOARD MEMBERS Gerard P. Ooehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. 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 January 30, 1991 Mrs. Stanley Kemptner P.O. Box 1718 270 Golden Lane Southold, NY 11971 Re: Variance Application for A. Homayuni, C. Kapotes & Others Corner of S/s Soundview Ave. and E/s Clark Road, Southold Dear Mrs. Kemptner: Please find attached a response with sketch of the sanitary system which were received today from the applicant's agent. hope that these will help to answer some of your questions. We Very truly yours, Linda Kowalski Enclosures ASSOCIATES, .C. January 25, 1991 Zoning Board of Appeals Town of Southold Main Road Southold, New York 11971 Re: Request for Variance Alexandria K. Homayuni & ORS 22195 Soundview Avenue Southold, New York 11971 W. A. Project 9009.01 Gentlemen: Enclosed is the application for a variance for the Alexandria K. Homayuni & ORS residence regarding (1) relief from lot coverage, and (2) house is a 2-family pre-existing non-conforming use. Existing two-family residence has C.O. approval from the building inspector. Thank you for your' consideration. Very truly yours, Lawrence~R.A. Vice President LMF:ek Enc. Landscape Architects, Architects, Engineers 1500 Lakeland Avenue, Bohemia, N,Y, I1716 * 516 · 563 · 4800 * FAX 516 · 563 · 4807 January 28, 1991 Zoning Board of Appeals Town of Southold Main Road Southold, New York 11971 Re: Alexandria Homayuni and ORS W. A. Project No. 9009.01 Gentlemen: Enclosed are the receipts for certified mail regarding the notification of adjacent property owners. Thank you for your attention. · R.A. Vice President LMF:ek Enc. qLandscape Architects, Architects, Engineers i500 Lakeland Avenue, Bohemia, N.Y. Il 7~6 * 5~6 · 563 · 4800 * FAX 5~6 · 563 · 4807 LONG sOUND ~) COUNTY OF SUFFOLK ~o,.~ SO~UTHOLD Real Property Tax Service Agency ,~L~ -- BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of : Alex Homa,yuni & ORS : 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 p6titio~ the Board of Appeals of the Town of Southotd to request a'~'anance~ (Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which is the subiect of the Petition is located adiacent to your property and is des- cribed as follows: :P2195 Soundview Avenue and 3q0 ~n]din l an~ SCTM #1000, Section 135, Block 2~ Lot 22 3. That the property which is the subiect of such Petition is located in the following zoning district: Residential R-40 4 That b% such Peliti~n, the undersigned will request the following relief: l Ot coveraqe variance for expansion of 2-family residence which is a pre-existinq g-family non-conforminq use. $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article XXIV Section (s) 100-244B. and 100-243A [ ] Section 280-A, New York Town Law for approval ot: access over right(s)-of-way] 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma), 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: Petitioner Owners'Names: Alex Homayuni Post Office Address 158 EiqhthAvenue, Apt. New york, N.Y. 10011 Tel. No. ( 212 ) 675-5490 [Copy of sketch or purposes.] plan showing proposal to be a ce NAM~ Stanley Kemptner ~ 3~"~ North Fork Beach Condo, Renzo & Linda Sammarone~ Frank & Others Aiello Joseph & Mary DeMartino Kyriaco & Andriani Xrgyrides PROOF OF MAll, lNG OF NOTICE ATTACH CERTIFIED MATL RECEIPTS ADDRESS Manos Galanis John & Joan Callahan? Francis J. & Ruth V. Rooney Adam W. & Eleftheria Tourtoul Edwin L. Umanoff Manos Galanis P.O. Box 1718, 270 Golden Lane, Southold, NY 11971 c/o George Wetmore, Management Systems, Inc., Box 627, Greenport 150 Cornwell Ave., Williston Park, NY 11596 233-44 87th Ave., Bellrose, NY 11427 64 Miriam Street, Valley Stream, N.Y. 11580/~ 99-31 62nd Road, Rego Park, NY 11374 North Fork Beach Condominium, c/o Thule Constr. Corp., P.O. Box Drawer K, Halesite, NY 11743 Walter R. & Alice E. Lord/5~.ao7 Wagstaff Lane, West Islip, NY 11795 Artemis & Ano Korkidis,~- 31-67 43 St., Astoria, NY 11103 19-13 21st Rd., Astoria, NY 11105/~/- Third Street, Holbrook, NY 11741 41 Sound Ave., Southold, NY 11971-~s~-~-~-~' is 21-69 38th Street, Long Island City, NY 11105 9712 Flatlands Ave., Brooklyn, NY 11236 ~ 20-20 20th Street, Astoria, NY 11105 ? ~ ~- ~-,7 Murray weinstein & Walter Weisbund, 8009 Avenue K, Brooklyn, NY 11236~-/ Demetriou Demptrois c/o Bill Tentalouris, 42-11 25th Ave., Astoria, NY 11103~7m-/-I-~ Helen Foppiano & Patricia Duffy, 188 Cambridge Dr., Port Jefferson, NY 11776 William & Ellen Tentalouris 24-22 35th Street, Astoria, NY 11103 ~%5- ~-~'-~ William & Eleni Tentalouris 24-22 35th Street, Astoria, NY 11103- Irene & Elpiniki Li~itsis 147 C Grand Avenue, Leonia, NJ 07605 Sozon &Ana Dissis 151-65 24th Road, Whitestone, NY 11357~ $ STATE OF NEW YORK ) COUNTY OFSUFFOLK) SS,: Lawrence M.. Feeley, Jr. Sayville, New York 11782 of _/.~u,,Vt y ,19 ~/ , verse side hereof, directed to each of the above-nam names; that ~he addresses set opposite the names of the current assessment roll of the Town of Southold~ ficeat ~,~/7-//~ , ,~ ~,e/< //~/~ (certified) 0..:.:,:=~1) mailZ'~ //~c:~,~ ~ Sworn to before me this /~' ~ day of J,~-,~"~' ,19 ~/ Notary Public (This side does not have to be completed on form transmitted to--adjoining property owners.) GENERAL CONSTRUCTION O. REMOVALS a. Arrange for dumpster and disposal of debris to Town dump, Owner to pay dumpster and dump fees. b. Remove existing roof and framing to allow for new second story addition. c. Strip existing floor coverings. d. Demolish existing walls to be removed where Indicated on the plans. e. Remove and dispose of existing kitchen cabinets. f, Remove and dispose of all existing windows and doors, except ex~st~ng sliding doors to remain. g, Strip and dispose of all existing siding, fascias, trim, etc. 1. SITEWORK a. Strip topsoil in building limits. b. Surplus excavated material to be removed from site, c, Fill material to be clean fill and compacted in layers as directed by Architect. d. Landscaping by Owner. 2, SEPTIC SYSTEM - Provide 900 gallon precast concrete septic tank and three (3) 8' diameter x 4' deep precast concrete seepage rings with concrete covers and interconnecting piping as suppl~ed by Suffolk Precast. Installation to conform to Suffolk County Health Department requirements, 3. CONCRETE 3000 psi at 28 days ASTM 94 ready mixed concrete. 4. MASONRY - Concrete block - ASTM C-90, Grade N, Type 1, size as required, Brick - ASTM C-216, Grade SW. 5. STEEL BAR REINFORCING ASTM 615 welded wire fabric ASTM A-I85. 6. STRUCTURAL STEEL - (Lintels, Plate, Griders, etc.) to be ASTM A-36 grade prime painted. 7, VAPOR BARRIER - ASTM E-96 Polyethylene film 6 m~l thick, 8. LUMBER a. Douglas Fir No. 2 Grade with Fb : 1450 psi and E = 1,700,000, lg$ M.E, b. Plywood 1) Subfloor - 1/2" th., C-D interior APA with exterior glue. (Pt-500 glue down with nailing) 2) Wall Sheating ~ 32/16, 1/2" th. C-D exterior APA. 3) Roof Sheathing - 24/0, 5/8" th., C-D exterior APA, 4) Tile Subfloors - 1/2" th, C-D exterior APA, (Pt-500 glue down with nailing) 5) Underlayment - 1/4" AC plywood (Fir), all floors. c. Connectors - Teco Co., or equal all to be galvanized. d, Sills, posts, framing, decking, exterior railings - Southern Yellow Pine # 2 or better, CCA treated (.40 or better) KDAT. 9, WOOD STAIRS - Red Oak treads risers, stringers, and wood stud sheet rock covered handrail wall with oak cap. 10, SPIRAL STAIR - Mylen, metal prefabricated type with rails. 11. ROOFING - Mansville "The Woodlands," Premier 35, lq" x 35 5/18 w~th 6" exposure, Class A, color as selected by Owner; install over 30 lb. felt. 12. LEADERS AND GUTTERS Aluminum gutters and leaders, white finish, gutters .032", downspouts 3" x 4', .027% roof apron .027", end caps .D27", sealant material - Alcoa Gutterseal, die cast downspout anchor, strap hangers for fac~a and roof apron. I3. SHEET METAL FLASHINGS AND ROOFING - Shall be lead coated copper at all roof penetrations and wall/roof ~otersections, and roofing, I6 oz. min. 14. TERMITE SHIELDS Shall be ,019" Alum. with soldered joints. Provide sill sealer (polyethylene) under CCA sill plates, I5, FASCIA AND WOOD TRIM Clear cedar, sizes as per drawings. 16. SIDING - 5/8" Texture ]11, Fir plywood, exterior glue, 303~65 APA 17, WALL BASE - 5/8" x 3-1/2" height clear pine as shown on Drawings. Mitre all corners. 18, SKYLIGHTS - Insula-Dome. Supply with crank operation and pole, tempered glass and insect screen, (size as shown on drawings), 19. INSULATION - Fiberglas & rigid insulation. Darts with vapor barrier by Owens-Corning. Thickness as follows: a, 9" - between rafters (vent space above) 12" above attic ceiling (flat areas) b. 6" - between studs (6" partitions) (16" width) c. 3-1/2" - between adjacent rooms - horizontal and vertical d. 5 1/2" between crawl space and first floor 20. DOORS AND WINDOWS a. Interior doors, solid flush panel, Birch veneer. b. Windows and Sliding Glass Doors - Andersen Co. perma-shield - white. All with screens to match. ' c. Door Frames - To be made up from 5/4" pine with integral stop and interior trim made up from 1/2" x 2-1/2" pine. Mitre all cuts, d. Exterior doors, Benchmark insulated metal doors, pre-hung, Caulk exterior all around drip cap and flashing at head (exterior), e. Wood Folding Doors i 3/4" - Solid core, Birch veneer. f, Window Trim Interior 1/2" x 2-1/2" clear pine, 21. CAULKING: Paintable silicone, for Lextel exterior; acrylic latex interior. 22. ADHESIVES: PLSO0 as manufactured by Contech Brands (to be used in adhering plywood subfloor to floor joists), 23. HARDWARE a, Locksets - Corbin "Global" "Signet" US32D Brushed Stainless. b, Hinges - Hager or equal US32D Brushed Stainless - removable pins. c, Miscellaneous - Stanley (door tracks, cab, pulls, etc.) d. Stops - flush bolts, pulls, bumpers - Ives, 24. GYPSUM BOARD a. Interior walls and ceilings, 1/2" thick, tape and spackle all joints, b. Bathroom ~nterior walls and ceilings, 1/2" thick WR, tape and spackle. 25. CERAMIC TILE/FLOOR TILE and WALLBASE - To be suppl~ed and installed by Owner. 26. KITCHEN CABINETS AND BATHROOM VANITIES - Plastic laminated trim flush overlay doors/draws, custom quality with counter tops, supplied and installed by Owner. 27. PAINTING a. Exterior Walls - Wood siding, fascia and trim - Cabots stain, two (2) coats, b. Interior Walls - One (1) coat sealer, two (2) coats flat - color as selected. Bathroom - satin finish. c. All Interior Woodwork - One (1) coat sealer, two (2) coats satin finish, color as selected. 28. SHOWER DOORS - Supplied and installed by Owner, 29, BATHROOM ACCESSORIES (supplied by Owner, installed by Contractor) a, Two (2) Towel Bars/Bath. b. Toilet Paper Dispenser - One (1)/Bath c. Robe Hooks - One (1)/Bath d. Four (gl Medicine Cabinets Recessed with Sliding door.- one e. Fiberglass shower units, (4) each. f. Mirrors_in each bath, 30, GENERAL N~TES (1)/bath. All work to be done in accordance with New York State Build~ng and Energy Codes and those of any local governing authority. b. Soil bearing pressure assumed at 4000 p,s,f. c. All footings to rest on undisturbed so~l. d. Provide all steel lintels, bolts, plates, girders and fasteners as required. Shop coat all steel. e. Structural steel shall comply to the specifications for design, fabrication and construction of steel for building of the A.I.S.C. ,f. All framing and connections shall be in accordance with the latest edition of the National Design Specifications for Stress Graded Lumber and its Fastenings as published by the N,F,P.A. g. Double joist under partitions which run parallel to floor joists, and around openings, and at skylights, PLUMBING O. REMOVALS a, Contractor to remove and dispose of all existing plumbing fixtures and plpin§ to accommodate new work, b, Coordinate with LILCD to relocate gas services to new exterior wall 1, GENERAL - Furnish all labor, materials, equipment, plans, tools, and services necessary and required for proper and complete installation of all Plumbing System and related work, to include but not be limited to, hot water heaters, water supply and distribution piping, drainage piping, plumbing fixtures, valves, traps, waste and vent piping, including all their respective connections, dev'ices, appurtenances within the building lines of the premises. Plumbing fixtures to include, but not be limited to lavatories, tub/shower enclosures, sinks, water heaters, etc. 2. CODES - All work shall conform to the requirements of the New York State Uniform Fire Prevention Building Code and the Suffolk County Department of Health. 3. PIPING - Interior Cold and Hot Water Type L Copper tubing (ANSI H23,1) with solder type ftt ngs~en~ joi~ts mi~e~i~th 95/5 softmetal solder. Below ground piping to be Typ,e K copper tubing. Risers and mains to be 3/4 inch, all branch lines to fixtures to be 1/2 inch. DRAINAGE AND VENT PIPING - Above ground drainage and vent piping to be ABS plastic Schedule 40 or PVC with corresponding fittings and joint cement. 5, SANITARY PIPING .- Below ground sanitary piping shall be cast iron soil pipe (ASTM-A-74) service weight. 6. FLASHING - FlashiNg materials to be lead 4 lb./sg.ft, 7. HOSE BIBBS - Nose bibbs to be non-freeze type with interior shut-off valve. 8, PLUMBING FIXTURES - Supplied and installed by Contractor, Contractor to provide all roughing, valves, fittings, etc. for complete job. Owner to furnish f~xtures and lavatory and shower faucets, All fixtures to have accessible shut-off valves under fixture, g. VALVES - Valves to be brass/bronze body - 125 ps,g. 10, CLEANOUTS - Cleanouts to be full size of pipe with threaded brass screw plugs, 11. PLATES - Plates for finished spaces tn be chrome plated split brass. 12. PIPE INSULATION - Pipe insulation to be cellular foam of thickness required by Energy Code. All piping in basement or crawl space, exterior and interior walls and ceilings to receive insulation wrap, 13. DRAIN VALVES: All vertical supply risers/branch lines to be provided with dra}n tees and shutoff valves at basement or crawl space, 14. HOT WATER HEATERS: Provide (2) each Rheem 40 gallon indirect natural gas hot water heaters with PVC vent. HEATING O. 1. VENTILATING ANID AIR CONDITIONING REMOVALS - Contractor to remove and dispose of all existing heating system components, GENERAL - Furnish all labor, materials, equipment, plant, tools, and services necessary and req~uired for proper and complete installation of all Heating, Ventilating, and ~Air Conditioning Systems and related work. HVAC Systems will include, but not Ibe limited to, installation of gas fired furnace, air handl;ng, venting, duct worlk, and all system related piping, valving, controls, and all necessary devices for complete fully operating system as laid out on the appropriate draw~mgs. 2. CODES - All work ehall conform to the requirements of the New York State Uniform Fire Prevention Bmilding Code and the Suffolk County Department of Health, 3. DESIGN REQUIREMEN~ - all rooms and occupied spaces shall be heated to 70 de~rees F. at 24" off fini~shed floor when the outside temperature is 0 degrees F. and prevailing winds are 15 mph. All rooms and occupied spaces shall be air conditioned to 78 degrees F, dry bulb and 50~ relative humidity when theoutsl~." temperature is 90 degrees F, dry bulb and 75 degrees F, wet bulb. ~, ~. HEATING AND COOLING SYSTEMS BASE BID: Provide (2) two each natural gas fired hot air furnaces in new crawl space for 2 separate zones; ho)rizontal units, Arcoaire DGHD Series - Model No. 100A016, input (BTUH) 100,0100 and output (BTUH) 80,000. OPTION PRICES: Provide separate plrices for~each zone to provide air conditioning utilizing 3 ton units, Arcoa~r~e Ultra High Efficiency Unit, AAF Series, Model No. AF036 witl, appropmate coils and controls for each zone. 5. THERMOSTATS - therlmostats to be Heating/Cooling, normal set. 6. DUCT WORK - Duct w,'ork to be fabricated in accordance with SMACNA Standards including transiti,ons, bends, take offs, etc,, designed for minimum statis losses. Duct material to be galvanized sheet metal of 26 gauge up to 24 inches' wide and 24 gauge ,above 24 inches wide, Seams and joints shall be such that leakage is not mome than 3%, Ducts shall have rigid fiberglass acoustical and thermal liners, 1 inch thick for supply and ]/2 inch for return. 7, FILTERS - Filters :shall be Space-Gard, model 2200, high efficiency units. Eigb{ inch deep pleated ~nits, rated at 99% efficient with 6 micron size particles, 8. DIFFUSERS - Supply diffuser wall and/or floor units to be Hart and Cooly, or equal, with adjustable opposed blade dampers, adjustable discharge vanes and enamel finished tom. 9, RETURN GRILLS - Rel~urn grills to be Hart & Cooley, or equal, with adjustable opposed blade dampers. I0, CONTROL WIRING - Ail control wiring to be by DVAC Contractor. Line voltage wiring by Electrical Contractor. 11, DUCT WORK - Duct work to be installed to be free from vibration, and supported on maximum 8 ft. center. Duct joints shall be properly sealed 1 inch on each s~de of joints. 12. VOLUME DAMPER - Prmvide volume damper, or other approved air balancing device, with indicating an~ locking quadrant whether or not shown on drawings, at each form main duct, at each duct take-off, and at each neck to individual diffuser or register in supplly, return or exhaust ducts. 13. ACCESS DOORS - Prowide access doors as required for coils, filters, dampers and other equipment that require periodic service. Doors shall be of the same material as thee duct work, and constructed so as to minimize leakage. 14. HEATING AND AIR CONIDITIONING SYSTEM - Heating and air conditioning system shall be complete wdth all necessary components and items normally supplied, Substitultions of equipment shall be approved by the architect/engineer. System operational check-out, including demonstration to Owner. All appr~opriate operational and maintenance manuals shall be provided. 15. COMPLETION - At the completion of the work, all equipment complete with their fittings shall be properly cleaned and left in first class working condition. All duc~ work shall be left clean to pnevent system distribution of dos% and dirt. System shall be left with clean filters. 16, 17. ¸19, 20, 21, ELECTRICAL O, REMOVALS a. Contractor to coordinate with LZLCO to eliminate existing overhead services. b. Contractor to remove and dispose of all existing outlets and services to be terminated or in the~way of new construction. 1. GENERAL - Furnish all labor, materials, equipment, plans, too~s, and services necessary and required for proper and complete installation of all Electrical Systems, telephone, cable T.V., and related work to include, but not limited to, wiring, lighting' services, feeders, distribution and protection equipment, connections of appliances, grounding, and including all connections and devices within the scope of the work as shown on the applicable drawimgs and as normally specified in this type of project. 2. CODES - All work shall conform to the requi-rements of the New York State Un~form Fire Prevention Building Code, New York State Conservation Comstruction Code, requirements of the Suffolk County Department of Health, and tlhe National Electric Code NFPA No, 70-1984 (NEC). 3, SERVICE ENTRANCE AND EQUIPMENT - Provide (2) each, 100 amp undlerground services to be complete with service feeder from the utility company's service pole to a meter pocket box on the exterior surface of the building and a main service disconnect switch within the building. The underground servioe cables may be of the multi-conductor direct burial type or of individual conduc'tors enclosed in rigid steel galvanized or rigid P.V.C. conduit, The terminatilon at the service poles with or without a property line or service end box shall be in accordance with the requirements of the utility company. The direct burial cable shall be installed in conduit where it rises above the ground at the semvice pole and at the meter socket box. Slack cable of 30 feet in length shall be left at the service pole for the utility company's use for final connectioms. 4. PANELBOARDS: Panelboard boxes shall be standard to the trade of code gauge sheet metal with standard trim and door for surface or recessed panel box mounting, The box and trim shall have; a, Corrosion resisting phosphate treatment and finished with factory backed on gray colored enamel paint. The door shall have concealed hinges, cylinder lock,.and a framed directory chart under clear plastic on the inside of the door. The panel sections shall be mounted away from the back of the box, gutter spaces shall be on both sides, top and bottom in keeping with code requirements. The branch circuit breakers shall be of th~ plug-on types with standard A.I.C,' ratings for the service voltage. Breakers for convenience outlet circuits shall have sensitive instantan)eous trip settings of not more than I0 times the breaker trip rating) to prevent repeated arcing of frayed appliance cords. 5. CIRCUIT BREAKERS - Single pole 15 and 20 ampere circuit breaker,s shall be UL listed as "Switching Breakers" at 120 V a.c. and carry the SWD Imarkings. Circuit breakers shall be UL listed. Single pole breakers withl handle ties not acceptable. 6. GROUND RODS - Ground rods shall be 5/8" x 8' copper weld and me,et all requirements of the applicable provisions of the NEC. 7. CABLE AND WIRING a. Branch Circuits (Interior) - Type NM or NMC b. Service Entrance (Direct Durial) - Type USE c. Feeders - Type NM, NMB, or SEC d, Underground Distribution (Direct Burial) - Type UF e. Conductors to be copper f, Insulation (600 volt) #10 AWG and smaller, - THWN/THHN, #8 ~WG larger - THN, THWN, XHHW (PVC for NM or UF cables) g. Neutral wire shall have a white outer covering ~hroughout ~s~em.' Equipment ground wire shall have a green outer covering throlughout system. Mark cables or wire without color cbded jackets with a non-fading color coded tape at terminations and other access~ibl6 locations, 8. RACEWAY - Raceway to be rigid or metal conduit or Schedule gO PVIC (where permitted by Code). 9. OUTLET BOXES - Outlet boxes dry concealed locations in wood frame construction to be PVC wall boxes and noryl ceiling boxes. In exposed locati,ons, use 4" square cast aluminum boxes and finished covers, 10, SWITCHES - Toggle ~witches, 15 amp. ]20/277 volt, back and side Iwired. pole, double pole, three-way dimmer, as required. Color as sele,~efl by Owner. 11, DUPLEX RECEPTACLES - Provide 15 amp 125 volt back and side wired duplex receptacles on all multi-receptacle 15 and 20 ampere circuits. IProvide 20 amp 125 volt back and side wired duplex r~ceptacle on all single receptacle 20 ampere circuits. Groundfault circuit interrupting - 20 amp 125 molt w th indicator. Color as selected by Owner. 12. PLATES - provide matching plates for all outlet boxes (receptacle, switch, telephone, blank or combination). Smooth plastic urea (ivory collor) unless indicated otherwise, Multi-gang switches, receptacles, etc. sha~l be in a common one-piece plate. 13. BATHROOM LIGHTING AND VENTING - Bathroom lighting and venting to be accomplished with the following type of fixtures. The use of a manufacturer's number is provided as a guide to style, materials, and price range, Vent Units - Broan - 676 & 684 or equal. 15. LIGHTING FIXTURES - Lighting fixtures to be approved by Owner priior to purchase, HALO or equal. a, Recessed b. Recessed Eyeball c, Closet - Flush d. Exterior - Supplied by Owner - Contractor ~nstalted e. Other - Supplied by Owner - Contractor installed SECURITY - Option by Owner FIRE PROTECTION - Battery operated units at locations indicated on plans. ELECTRICAL EQUIPMENT - All necessary wi~ing, controls, switches, motors, and other electrical equipment required by other trades (with special emphasis on the heating and air conditioning system) shall be provided as necessary for a complete operational system, as shown on drawings and specified. CENTRAL VACUUM SYSTEM - Provide a separate price for (2) each central vacuum systems installed in new crawl space, Nutone or equal. Outlets located as shown on drawings, Piping to be PVC with manufacturer's approved fittings. CABLES - Coordinate telephone and cable TV.~onnections and operational checks with the respective companies. POWER INTERRUPTIONS - All required power, telephone, and cable TV interruptions shall be scheduled with the Owner and the local utility company. As requisite for final acceptance and payment, deliver to Owner two (2) copies of a Certificate from U.L, and local authority, showing acceptability of work done under this Contract. project title: drawing title: ref. no.: "/4'- / 8UMMARY OF TOTAL THERMAL RATING Obi ¢acaf~ I/~$. = I'- 0'1 project rifle: drawing title: drawn by: checked by: date: scale: drawing number: 0 OF Cc ref, no,: 9 '1 74L dl~ 4L ~11 AC,. cb.¸ V4-~= U'O" projeot title: drawing title: PL..AN \VIt~ E~O\V drawn by: cheoked by: date: scale: drawing number: ~'_(~0 '~~} OF C~ ret no,: NASSAU SUFFOLK BLUEpRINTiNG ~oh-l-r ~ L,.DVA-F/OM ~'-0~4 ~-., '/4" \\\ ,// I I -'nu~ i ,.-/L 4.1t II -- '\ @/ \, II ~\ t/ L~NI'T A I ' '24 o01 project title: drawing title: ~'L..A~ '~ drawn by: checked by: 4'.d~ 4L I" 4L d~ qo~-, 4n date: scale: drawing number: ret no.: ~WT- Ill OFC-.,K. \V! C~¢,L,V / \ ~¢T, ~[. ~lf~ (e/,~ ~4') ii ~L VA"T l 0 H (~EA6 I ¢_ b ~ VAT I0 h-I project title: ADOFTIO~t~ TO THE HOhlAYWH I ,drawing title: drawn by: checked by: L., ~lD,~.,b'~¥ ~5, ~. date: scale: drawing number: A 0 ~"j) OFG ret no.: (~ ~OL~ 'T H 12 N ~\V / / N~V LN~V OJ~VL. ~CT 10 N project rifle: ADDI'T'fON~ ' drawing rifle: N b~VA'TIOM drawn by: checked by: dote: scale: ~ o Ir~ -~0 P~ NCr~D drawing number: J-~o~['s~) OF Q ref. no,: