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Home My WebLink About4029 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. 4029. Upon application of CHARLES AND ANGELA KYRIAKOUDES. Request for Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4B for permission to locate portion of inground pool with fence enclosure and portion of decking and other construction within 75 feet from the existing bulkhead, and with a distance shown at 75 feet from the rip-rap which is between the bulkhead and the mean highwater mark of Southold Bay. Or, an Interpretation as to which structural point the 75 ft. setback requirement shall be from (particularly where more than one structure exists.) Zone District: R-40. Location of Property: 1425 Kimberly Lane, Southold, NY; County Tax Map No. 1000- 70-13-20.9. WHEREAS, a public hearing was held on June 7, 1991, all those who desired to be heard were heard and their testimony recorded; WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. By this application, appellant seeks a variance under Article XXIII, Section 100-239.4B for that area of construction located less than 75 feet from the existing bulkhead, which includes a portion of the inground pool construction, portion of the decking and fence areas, and whirlpool spa structure, all as shown on Project Plan ~9013 revised April 29, 1991, prepared by Michel & Associates. 2. The premises in question is identified on the Suffolk County Tax Maps as District 1000, Section 70, Block 13, Lot 20.9 and contains a total lot area of 41,596 sq. ft. Page 2 - Appl. No. 4029 Appl. of CHARLES AND ANGELA KYRIAKOUDES Decision Rendered June 7, 1991 919005) of the structures, which are shown to be 65 its closest points. The dwelling under construction (by Building Permit is shown to be in conformity with all setback provisions zoning code, exclusive of the accessory pool and whirlpool feet from the bulkhead at 4. Article XXIII, Section 100-239.4B of the Zoning Code requires all buildings and structures located on lots upon which a bulkhead, concrete wall, rip-rap or similar structure exists and which is adjacent to tidal water bodies other than the Long Island Sound to be set back not less than seventy-five (75) feet from the bulkhead. 5. An interpretation has been requested as part of the review of this project concerning the actual measurement for the purposes of determining sufficient setback from the structure closest to the highwater mark, such as exists with both a rip-rap and bulkhead at close but different boundaries. It is the interpretation of this Board that distances shall continue to be measured (as was done in the past under the previous zoning code regulations where applicable), from the bulkhead structure when there is more than one structure landward of the high or low water marks. In this case, the rip-rap structure is at and below the high water mark, and the bulkhead is above the high water mark (landward of the rip-rap). 6. In considering this application, the Board finds: (a) the relief requested is not substantial in relation to the code requirements and the percentage of actual building construction is minimal; (b) the relief requested is the minimum necessary to afford relief; (c) the applicant has furnished proof of conditional approvals from the N.Y.S. Department of Environmental Conservation, the Southold Town Trustees and the Town Building Department. (d) the relief as requested will not alter the essential character of the neighborhood; (e) the practical difficulties imposed are uniquely related to the property and are not personal; (f) the grant of the relief as requested will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to the neighboring properties; Pa~e 3 - Appl. No. 4029 Appl. of CHARLES AND ANGELA KYRIAKOUDES Decision Rendered June 7, 1991 (g) in view of all the above, the interests of justice will be served by granting the relief as requested and conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to GRANT a variance in the Matter of the Application of CHARLES AND ANGELA KRYIAKOUDES under Appl. No. 4029 for permission to construct open deck, inground pool and whirlpool structure as applied and more particularly shown on the plans prepared by Michel & Associates, as revised April 29, 1991 SUBJECT TO THE FOLLOWING CONDITIONS: 1. That during construction, straw (hay) bales be placed along the periphery of the entire construction, three feet from structure, to prevent drainage or run-off into the bay areas; 2. That all conditions under the N.Y.S. Department of Environmental Conservation be complied with; 3. That there be no other construction or other land alterations within 65 feet of the bulkhead, with the exception of live plantings or possible future retainers authorized by the Town Trustees. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis. Doyen and Villa. (Member Dinizio was absent. This resolution was duly adopted. lk RECEIVED AND FILED BY THE SOUTHOLD TOWN ___Town Clerk, Town of Sou~hold 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 NOTICE OF HEARINGS 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 IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following public hearings will be held by the SOUR"HOLD TOWN BOARD OF APPEALS at the Southold Town Hall, Main Road, Southold, NY 11971, on FRIDAY, JUNE 7, 1991, commencing at the times specified below: 7:30 p.m. Appl. No. 4028 - RICHARD OLIVERI. Request for variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate new principal dwelling structure with insufficient rear and side yard setbacks. Zone District: R-80. Location of Property: Westerly Side of Crescent Avenue, Fishers Island, NY; County Tax Map District 1000, Section 6, Block 6, Lot 20.5. 7:35 p.m. Appl. No. 4026 - JAMES AND PATRICIA BOYLE. Request for variance to the Zoning Ordinance, Article XXIV, Section 100-242A for permission to enlarge existing nonconforming accessory building, located partly in the side yard and front yard areas on this corner lot. Zone District: Agricultural Conservation (A-C). Location of Property: 10205 North Bayview Road and the Easterly Side of a Private Road, Southold, NY; County Tax Map No. 1000-79-5-20.5. Page 2 - Legal Noti Hearing for June 7, 1991 Southold Town Board of Appeals 7:40 p.m. Appl. No. 4025 - ESTATE OF JENNIS HARRIS by Robert Taylor. Request for a variance to the Zoning Ordinance, Article XIV, Section 100-142, 100-141, 100-241A, for permission to enlarge existing nonconforming dwelling in this Light Industrial (LI) Zone District with a proposed addition having insufficient side and front yard setbacks. Location of Property: 21755 County Road 48, Cutchogue, NY; County Tax Map No. 1000- 96-1-18.1. 7:45 p.m. Appl. No. 4027 - HALSEY A. STAPLES. Request for variance to the Zoning Ordinance, Article XXVIII, Section 100-281A(7) for permission to construct new principal dwelling structure upon premises which is nonconforming and has not been held in single and separate ownership as exists since April 9, 1957. Lot is nonconforming, having a total lot area of 33,668 sq. ft. and 25 ft. frontage (width) along Middleton Road in the Hamlet of Greenport, Town of Southold, NY; County Tax Map No. 1000-41-2-12.1. 7:50 p.m. Appl. No. 4024 - RONALD STRITZLER, M.D. Request for variance to the Zoning Ordinance, Article III, Section 100-33 for permission to locate accessory tennis court structure in an area other than the required rear yard. Zone District: R-80. Location of Property: 3055 Soundview Avenue, Mattituck, NY; County Tax Map No. 1000-94-1-14. Page 3 - Legal Hearing for June 7, 1991 Southold Town Board of Appeals :55 p.m. Appl. No. 4029 - CHARLES AND ANGELA KYRIAKOUDES. % equest for variance to the Zoning Ordinance, Article XXIII, ection 100-239.4B for permission to locate portion of inground ool with fence enclosure and portion of decking which will be ocated within 75 feet from the existing bulkhead, and with a istance shown at 75 feet from the rip-rap which is between the ulkhead and the mean highwater mark of Southold Bay. Or, an nterpretation as to which structural point the 75 ft. setback requirement shall be from (particularly where more than one structure exists.) Zone District: R-40. Location of Property: 1425 Kimberly Lane, Southold, NY; County Tax Map No. ~.~1000-70-13-20.9. ~ ~ 8:00 p.m. Appl. Nos. 4011V and 4010SE - Requests by JOSEPH AND LINDA FISCHETTI concerning property known as 235 Oaklawn Avenue, Southold, NY; County Tax Map No. 1000-61-3-3 for: (1) a Special Exception to the Zoning Ordinance as authorized by by the Board of Appeals under Article VII, Section 100-71, and, (2) if necessary, a variance to establish professional and business office use on this 11,656 sq. ft. nonconforming parcel. Zone District: Residential-Office (RO). The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above matter. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not Page 4 - Legal Noti~ Hearing for June 7, 1991 Southold Town Board of Appeals start before the times designated above. please call 765-1809. For more information, Dated: May 10, 1991. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRM3%N By Linda Kowalski TO: Times-Review Delivered 5/14/91 L.I. Traveler-Watchman For Publication Town Clerk Bulletin Board (lobby) ZBA Board Men,hers and Files HR';' D1 '91 1_F4i35 ~OF,~ %"~LTH~qLD FORM TOWN OF SOUTHOLD BUILDING DEPARTi~,JENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL .o.~ ~: ............... l" ~ %~i ..... ~~ .... County Tax Map No. 1000 Section . _. ~ ...... Block ....I .~ ....... ~t ~ ~.'~ . . , Subdivision ................. F/lcd Map No ................. Lot No .................. . is returned herewith and disapproved on the following grounds. ~ ........................ ~..&q. CP. ~,~ a, ,. x '~'& ................. ~"~:~'--~..~.9.?s. . .~.~-~ ....................... ~ -. ........................ s~di h~ ~h;~;~%;; ...... RV ~/80 II1~\1 MAY-91990 j|HITOW~OFSOUTHOLB. CUSC~: .......... Jll\\J -- jl ~B~UIUD. INGDEPAFITMENT SB~?IC FORH .... [u ul BIm.~z:~-~"n : .... ~:'l TOWN ALL .: ................. ~ T~L.:7~s.~0~ c~to--~ .............. · ," MAIL ~m~.~d..~. !~ ..... ~9 ~.*'' (Building Inspector) APPLICATION FOR BUILDING PERMIT Date MAY 7; 1990 19. INSTRUCTIONS a. Tiffs application must be completely filled in by typewriter or in ink and submitted to hie' Bu'lldmo' sets of plans, accurate plot plan to scale: Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public street~ or ~eas, and giving a detailed description of layout of property must be drawn on the diagram which is pan of this appli cation. c. The work covered by this application may not be commenced before issuance of Building Permit. d; Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permil shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used iii whole or in part for any purpose whatever until a CertifiCate of Occupanc~ shall have been granted by the Building Inspector. :.. - APPLICATION IS HEREBY MA. DE to the B'uilding Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town o£ Southold, Suffolk County, New York, and other applicable Laws, Ordinances Regulations. for the construction of buildings, additions or alterations, or for removal.or demolition, as herein described. The applicant affrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. for: Tast + Clemency (S;gnature c~f a~plicant, or · ~z. V.~l~e Square, elen Co~, (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. Nameofownerofpremises .I~R.i~ Mrs. Charles Kvriakoudes (as on the tax roll or latest deed) If applicant is a corporation, Signature of duly authorized officer. }~,"~e title or ComOrate omccr) . ALL CONTRACTOR'S HUST gE SUFFOLK COUNTY ~ '- Builder's License Nq.. TD..~. ~.~T~D ~O~O~ OFFICE OF BuILDiNG iNsPECTOB own T "~'k 11971 Southold, New .................. '" Date .......... ~ 3g~3 . · ....... BeceiPt ~' ~ ' ............................ . ........... ..._ ~ .t..¢~...~ ~ ~'~' ~ ~0o .~ .............. .... ~ o~ ........ 5' .... ~t..~ ~ ..~ ....... '~....'~"" B ,~ /~r.w ..... ~ ..................... Fee .... · .............. ~ ......· ......... , ~;~ -- ~ t..~..~.;:5..~... ~ ~,,,o, .. ~o* o~ / ~0 ..... '' . _, .... ~ yard Sa ...... '"' ·........... ~uth bui · . ..... ~- - ~- NEW BLDG. 3. ' Nature o/work (cnec}: wmcn applicable): Nc~[; Buiidi ' g .. ng .......... Addition ......... ~lerati0n .. cpa~ ............... Removal .............. Demolition ........ 2 Other Work ..... 4 &ZOO 0P~. Q9 ~ ~'~ 7 cschPlion) . Estimated Cost .. , n ............. _ . 5 ltd Iii mb f d I ONE , (to be paid on filing this application) . wc n~.nu cra we nnuni*t N mb fd lfg ' b fc ............ 227''' u er o welling units on each floor . . .................... :2: ...... 6 If b i i I mi d .... ' ............ "i ..... r' , ' ' r ........... 7' us ness. Commerca or xe occupancy, spec atnre an extent o eec I e o use .... . Dimensions 0f existing ~tmCtnres, ir anY: F}ont... { ........... typ ........... HeigBt N b fsi fi e .. f itl It att dditi F ..................................... D~mnsionso samestmcturew ~a er onsora OhS: rant ..N~,~... Rear ~ypm ...' ................... Height ........... ., .......... Number of Stories $. U~ensionsofentirenewconstmction. Front .... [Q~-.' ..... Rear. ~0'~ ' .- ~. Size oflot: Front .~;..~...~'. ...... ~... ~ "[kb" ................... . 4qear .... ~ I Z ............... ' .............. Name of Fo~er Owner .H~.kci~g. · one or use district in which premises are situated RESIDENCE -.,.. · " D es propo d lion %i lot .................................... ' g la di 1 ti ~.0~ ...... o eanyzonm W, or nanceorregua on: ......... . ' · W~I lot be regraded ..... .Y.BS ............... ': .' Will e . · }' "N~e °f Owner of.'premi~ea' ~h... ~.y.E ~ ak o u d e s a.,~ .... ~s~ ~e~ved fr°m premises: ~[~ No ................ "~'~.*..n~wLLL~9tAddress 9~.~N cpyE,.~7 .ill,hone N 516~'g}}' N~e of Contracto[ ....... o. ~ ....... 7 ..... ................. Address .... : ........... Phone No. . . · . Is this property ~o~a~;~'u~h~ 300 ieee of a etdal ~ri~.d{ ;~; YES ~ '".i, ......... .~.If yes, Souehold To~ Trustees Pemtr may be required.. ' .... x~ ..... .. . PLO'T DIAG~M " Locate cle~ly ~d distinctly ~1 buildings, whether existing or ro osed and ' ' ope~y ~nes. Give sfree[~d block number or desc~-,:- .. P ~ . , .mdmate ~I set-back d~ensions from tenor or comer lot. ~ ,~puun accoramg to aeea, ~d show street names and indicate whether SITE PLAN ' .TE OF NEW YORK, ;NTY OF ................. S.S ......... R.o.b..e.r.t..C.:. Test ~ "being duly sworn, deposes and says that be is the applicant (Nameofindividua signing contract) . 'cnamcd. the ~g~D.t ( 6r.c.hAt;e~.t ). (Contractor agent .................................... , , corporate officer, etc.) dd owner or owners, and is duly autBorized to perfoml or have performed the ~aid work and lo make and file tiffs 'eolian: that all statements contained in this application are true to the best of his knowledge and belief; and that the r_ will be performed in the manner set forlh in the application filed therewith. n to b¢l'orc me IBis .' .... · q ....... d ror ................ ]9?.0, .[. Iio. 47078'18, S~MI .~C~a~// (Signature of applicon t) IIICEIVi TOWN OF SOUTHOLD~JI~O~'~J APPEAL FROM DECISION OF BUILDING INSPECt~IJ~jd TownCle~k DATE .?../...~.~./..~ ~ ............. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Charles & Angela Kyriakoudes 1425 Kimberly Lane I, (We) ................................................of ............................................................................ Name of Appellor~t Street and Number Southold .... .N..:..Y.... ............... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO Charles & Angela Kyriakoudes Name of Applicant far permit 1425 Kimberly Lane, S outhold of N.Y. Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY (X) ( ) ( ) 1. LOCATION OF THE PROPERTY Kimberly Southold R~0 Street /Hamlet / Use District on Zoning Map District lO00 Section ?OBlocgl3 Lot20'9~ . Charles & Angela Kyriakoudes ................................................................................. ~urrent Owner Map No. Lot No. Prior Owner Richard Mohring 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article 23 Section 100-239.4, Paragraph B 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (× A VARIANCE to the Zoning Ordinance or Zoning Map A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has)~been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... ( ) (X) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested forthe reason that current code with respect to setback from bulkhead (75') adversely affects use of rear yard. Current condi- tions on site include bulkhead and rip rap wall. If we were permitted to use the limits described by the DEC (8-10' seaward of bulkhead), construction within rear yard would allow for use of yard. Current bulkhead setback poses a hardship. ~'o~m ~.B! (Continue on other side) REASON FOR APPEAL Continued ;,ii 1. STRICT APPLICATIOI~.(~.,~T~/~)~IIhlIi~b~E would produce practical difficulties or unneces- sary HARDSHIP because Circulation along the southeast corner o£ the house would be severely limited. Size and circulation through the recreation areas would be severely impacted. Access from deck areas adjacent to the house to the areas at grade would be limited. 2. The hardship created is UNIQUE and isnotshared by all properties alike in the immediate vicinity of this property and in this use district because The site has both a rip rap wall extending throughout its width seaward of a wood bulkhead extending likewise. The DEC sited the limits of wetland (10-12') well within the limits o£ the rip ~ap area and the bulkhead. This width (10-12') would ease the burden of access and circulation with the use area. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE ~-~ARACTER OF THE DISTRICT because we would observe the setback established y the DEC (8-12') seaward of the bulkhead). The character of the balance of the rear yard, except for the areas of the additional deck and terrace, would remain undisturbed. COUNTY OF~ P~s'~cf Sworn to this ......... ....................... do¥ o{....~..':'~r~ .......................................... 19~ NOTARY PUBLIC, ~e of ~ew Yolk No. 49777~4 ~u~llfled in ~ss~u Coun~ ~mmlssion Expi~ ':~ c~- ?~'- ×,~- 2,~, ?TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DIST. SUB. LOT S W : TYPE OF BUILDING R E~../~7 SEAS. VL.~ FARM CO~. CB. MICS. Mkt. Value ~ND IMP. ~OTAL DATE R~RKS Tillable FRONTAGE ON WATER /~Y' ~ , ~q~O N~land FRONTAGE ON ROAD Meadowlond DEPTH ~ouse Plot BULKH~D total COLOR TRIM M, Bldg. · Extension Extension Extension i Foundetion Both Porch Basement Floors Porch Ext. Wells Interior Finish Fire Piece Hoot Type Roof Rooms Ist Floor Recreation Room Rooms 2nd Floor Dormer Driveway Breezeway Garage Patio Total ~_~_.~ J Dinette K. IR. DR. BR. FIN. SURVEY OF LOT 9 "MAP OF PARADISE BY THE BAY FILED NOV. 4, 1976 FILE NO. 6463 AT SOUTHOLD TOWN OF SOUTHOLD SUFFOLK COUNTY,N.Y. I000 070 - 13 20.9 SCALE I"= 40'. JAN. 7, 1988 Oct. 9, 1990(found. loc.) Marct~ 19, 199 I( H. S. REF p.o. B6=~69 MAIN ROAD $OUTHOLD , N.Y. 1197! NOTE' ~ELL TO 8E LOCATED oN W~LL EASEMENT AS NOTED ON FILED M~P OF SUBDIVISION. NO. 89-S0-82. CERTIFIED TOt COMMONWEAL TH LAND TITLE INSURANCE COMPANY NORTH FORK BANK AND TRUST. LIC _NO MAY-61991 I STK LOT 8 N.~4e 22' 20" E: 7.5 ' 283. I0' 20" ~ 5. 84* 22' W. LOT I0 AREA = 41,596 sq. ft. ( to tie line ) 87 - 1027 H Michel & Associates JUN I 8 June 14, 1991 Mr. Vincent Lessard Director of Building Department Town of Southold .53095 Main Road P. O. Box 1179 Southold, N. Y. 11971 Kyriakoudes Residence Kimber]y Lane Southold, N. Y. Dear Mr. I,essard: We are enclosing herewith two copies of the plan for the site and landscape construction at the home of Mr. Charles and Angels - ' .... K~Z l~kot, oes. This follows the receipt ,f the decision from th~ Board of Zoning Appeals granting l e owner the variance requested. This is noted in resolution 1029. W~- will comp]y with all conditions noted within the r~so]ution. The owner and contractor have been forwarded copies of the re, solution and alerted as such. Within the next two weeks we will forwald the final permit from the N.Y~S. Dept. of Environmental Conservation. We are sub~ittir}g a copy of a letter received from the Board of 5rustle %:~a~ihq approval of this project. We b~]ieve you hate ~ cohq,l~-ted a[pllcstJoh and fees from our previous appl~cetion. Both pool and deck contractors ~i]] file any - , ' ' requlrec insurance~ and alert your office of da~=~ .... foz to~r~ building 1 space,= inspections. Mr. Vincent Lessard -2- June 14, 1991 Mr. Marlo CaStelll'~f Fo~eVergreen ~ ..... ,, land§cap~S will'be the liason between the Owner and the Building Department during the construction process. His number is 516-765-1900. If you have any questions regarding the submittal of these plans, the variance, or permit please do not hesitate to call. chel :cb encs: cc: Charles & Angtea Kyriakoudes Mr. Gerald P. Goehringer, Chairn,an ~//. 9013.23 irRIis lEES $ohn M. Bredemeyer, III, President Henr~ P. Smith, Vice President John L. Bednoski, Jr. lohn B. Tuthill l'etephone [510) /o5- ~ SCO 1T L. IL[KRIS i'own llidt 53095 Main Road June !l, !991 9 Village Square Glen Cove, NY 11542 RE: Charles Kyriakoudes SC~,I ~1000-70-I3-20.9 Dear Mr ldichei: The following actions were taken by the Board of Town Trustees during its ~egular meeting held on June 6, 1991: RESOLVED that the T~wn Trustees APPROVE the request for a waiver for the following: Construction of a deck, pool and timber wall, not to be closer then 50' to the existing bulkhead. To remove concrete rubble. Please return to the Building Department for a determination on the need for any other permits which may be required for this project. Very truly yours, John M. Bredemeyer, III President, Board of Town Trustees JMB:jt cc: Bldg. Dept. ZBA File APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 $OUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 FAX No. (516) 765-1823 ACTION OF THE BOARD OF APPEALS Appeal No. 3814: Application for RYCK KOCK for a Variance to the Zoning Ordinance, Article III-A, Section 100-32A and Bulk Schedule for approval of swimming pool with fence enclosure in the side yard area. Zone District: R-40. Location of Property: 245 Kimberly Lane, Southold, NY; Paradise By the Bay Subdivision Lot No. 2; County Tax Map District 1000, Section 70, Block 13, Lot 20.2. WHEREAS, a public hearing was initially held and a two-to-one vote was recorded on January 12, 1989 in the Matter of the Application of RYCK KOKE under Appeal No. 3814; and WHEREAS, on January 23, 1989, the Board Members unanimously voted to reopen the public hearing to allow questionning, if needed, by two Board members who were not present at the initial hearing; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation, submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located along the easterly side of Kimberly Lane, in the Hamlet and Town of Southold, and is identified on the Suffolk County Tax Maps as District 1000, Section 70, Block 13, Lot 20.2. 2. The subject premises is known and referred to as Subdivision Lot No. 2 on the Map of Paradise By The Bay, Map DEPARTMENT OF PLANNING COUNTY Of SUFFOLK' PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE 360-5206 ARTHUR H. KUNZ DIRECTOR OF PLANNING June 19, 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 following application(s) which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Estate of Jennie Harris and Robert Taylor ~oyle, James and Patricia Kyriakoudes, Charles and Angela Estate of Charles Morgan 4025 4026 4029 4031 Very truly yours, Arthur H. Kurtz Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner 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 Pursuant t'o Article XIII Board of Appeals of the the of the Suffolk County X Charter, the Town of Southold, New York, hereby refers following to the Suffolk County Planning Commission: Variance from the Zoning Code, Articl~XXIIjI Section 100-239.4B Variance from Determination of Southold Town Building Inspector. Special ~xception, Article , Section __ Special Permit Appeal No.: 4029 Applicant: Charles and Angela Location of Affected Land: 1425 Kimberly Lane, County Tax Map Item No.: 1000- 70-13-20.9 Within 500 feet of: Town or Village Boundary Line X Body of Water (Bay, Sound or Estuary) State or County Road, Parkway,'Highway, __. Boundary of Existing or Proposed County, Boundary of Existing or Proposed County, Other Recreation Area Kyriakoudes Southold, NY Thruway State or Federally Owned Land State or Federal Park or Existing or Proposed Right-of Way of Any Stream or Drainage Owned by the County or for Which The County Has Established Lines, or Within One Mile of a Nuclear Power Plant t~ithin One Mile of An Airport. COMM'ENTS: Applicant is requesting permission tolocate portion of pool w.i'th fence and deck within 75 feet of bulkhead and shown as 75 ft. from rip-~ap Channel Channel or interpretation as to which point the 75 ft setback requirement be from. - Copies of Town file and related documents enclosed for your review. Dated: June 13, 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 OF SOUTHOLD SCOT]7 L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 June 13, 1991 Mr. Michael A. Michel, ASLA Michel & Associates 9 Village Square Glen Cove, NY 11542 Re: Appl. No. 4029 - Kyriakoudes (Variance) Dear Mr. Michel: Transmitted for your records is a copy of the determination rendered by the Board of Appeals concerning the above application. Please be sure to return to the Building Department and any other agency for permits or other approvals which are appropriate for this project. A copy of this decision has simultaneously herewith been transmitted to the Building Inspector for their files and update. Very truly yours, Linda Kowalski Enclosure Copy of Decision to: Building Department Southold Town Trustees Suffolk County Department of Planning Michel & Associates May 7, 1991_ Mr. Gerard Goehringer Chairman, Board of Zoning Appeals Town of Southold Main Road Southold, N. Y. 11971 Re: Mr. & Mrs. Charles Kyriakoudes Residence Section 70, Block 13, Lot 20.9 Southold, N. Y. Dear Mr. Goehringer: We are enclosing herewith photographs taken at the home of Mr. & Mrs. Charles Kyriakoudes showing the subject area of our variance application filed last Thursday, May 2nd. Please note we have highlighted the areas which we are proposing for the deck and timber wall. These are also staked in the field. If you have any questions, or need any further information, please do not hesitate to call. ~hel, :dc ASLA 9013.14 Lcnct$coloe Architeo re 9 Villocje Squore (-}ler, Cove, New York 11542 Site Planning ,516-676.0072 Fox 676.0596 Page 8 - Appl. No. 4024 Ronald Stritzler, M.D. Hearing Transcript of June 7, 1991 LINDA: I don't think so. CHAIRMAN: Do we have any indication that these lots are in single and separate ownership or if they are merged and what are they. LINDA: They are merged. I couldn't find any approval upon it. CHAIRMAN: Therefore, we don't have to worry about putting a primary structure on, this being the only primary sturucture on this lot. LINDA: That is correct. I can assure you of that. CHAIRMAN: He is not looking to build a house on his front lot. LINDA: Not today. He is aware of it. C~AIRMAN: The only question I have for the good doctor is if he intends to light the tennis court. If you want to close it or what do you want to do.' Do you want to close it or recess it until he gets back to us. What do you want to do on this? LINDA: I don't want to close it until we get an answer. CHAIRMAN: O.K. Is there anyone else who would like to speak in favor of this application? Is there anyone who would like to speak against this application? Soundview Avenue in Mattituck tennis court in the frontyard area. There is no one here. I will make a motion closing the hearing based upon the fact that the letter comes back within two weeks, if not, we will have to reopen the hearing. I make that as a motion. AL[ IN FAVOR - AYE Appeal No. 4029 - CHARLES AND ANGELA KYRIAKOUDES The Hearing opened at 7:57 p.m. The Chairman read the legal notice for the record and the application before hearing testimony. CHAIRMAN: Copy of the site plan from Michel & Associates most recent~date is 3/1/91. Nature of this application is basically Zoning Ordinance 239.4 and distance from. I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Could I ask you to state your name for the record. You don't have to get up. Page 9 - Appl. No. 4029 Charles and Angela Kyriakoudes Hearing Transcript of JUne 7, 1991 MR. MICHEL: Good evening. My name is Michael Michel and Michel & Associates is the firm. CHAIRMAN: I apologize. MR. MICHEL: It's o.k. I think we documented quite a bit of information about our interpretation and why we proposed what we did. I might, if this is easier, for you to read. You will probably have to help me a little bit. Our problems began when we interpretated the Code to read from a line that was struck by the DEC. From there the house was cited as 75' setback and from there we began all of our preliminary design from the deck and the pool. The point at which we impact on the Town of Southold setback which is 75' from the setback or from the bulkhead is in three particular points, one bing like here, one being a portion of the whirlpool, one being a portion of the swimming pool itself. The point at which we will have the greatest impact is with the deck and that is 10'. We have had an opportunity to stake the site outand also provide some photograph to help the members of the Board take a look at it. This is our request stated simply and we would be happy to answer any of your questions. It is a wood deck and it is a gunite swimming pool. We have made application to the DEC. We have a current valid permit from the DEC for the construction of a house, single family dwelling. We have also made an application to the. DEC to amend that permit for the construction of a pool and deck. We would have gotten that letter this week except the DEC has made some miscalculations. They had made claim we were over in our percentage of lot coverage which is their manner of speculation. Their method of calculation is difference than yours, but I have received a letter recently from Charles Bowman from Land Use. I hope you are familiar with his firm. I have a copuple of copies for the Board members. He told us that we have made a clearer application again to the DEC that has been submitted and we should receive a copy of our amended permit on Wednesday or so of this week. It was their error in their calculations. CHAIRMAN: All those driven piles that we are looking at when we look at this stand toward the bulkhead with our backs to the bulkhead looking toward the house . Those are the support for the deck? MR. MICHEL: Those are the support for both the pool and the deck. Both are going to be constructed on piles. CHAIRMAN: To waht height is the actual pool and deck area going to be from grade? MR. MICHEL: From the grade that you were standing on? Approximately a foot lower there more or less, approximately from where you'r standing. Page 10 - Appl, No.4029 Charles and Angela Kyriakoudes Hearing Transcript of June 7, 1991 CHAIRMAN: A foot lower from where I'm standing. MR. MICHEL: The current existing elevation out there is aboutapproximately between 11½ and 13 and the elevation of the pool I believe is set at 11.5, so its thereabouts. CHAIRMAN: The top of the pool. When he is talking he is not talking lowest floor area like we talk. BOB VILLA: Are you g~ing to have to actually excavate or cut those piles down? MR. MICHEL: Oh yes, the piles will be cut down. Those piles are cut at grade, There was a question Ms. Kowalski mentioned or requested from me in terms of the actual depth of the pool. I think I included them in the letter. The depth of the pool will be 8' so that will be set from grade at approximately elevation three, the bottom of the pool. Then the pool will go up. The bottom of the pool will be at elevation three and it will go up from there to 11.5 or so. BOB VILLA: What is the elevation of the top of the bulkhead right now? MR. MICHEL: The elevation of the top of the bulkhead is approximately 8, it sort of varies between 7½ and 8½. LINDA: Is the pool in our jurisdiction Jerry? MR. MICHEL: We have some spot grades on the site plan and it shows 8. I've been listening this evening to some of the - that you are hoping to withold some decisions and render decision at a later time and I would request from the Board if we could our approval subject to our getting the letter from the DEC since at this point we are no longer on the eve of summer, we're just about in summer and we would like to, the contractor is waiting to go and everyone is waiting to get this thing built so that we anticipate probably a month and a half of construction between the deck and the terrace and the pool. BOB VILLA: What will be the land service from the pool to the bulkhead? MR. MICHEL: It will remain undisturbed as shown. It will probably be seeded with grass. There are certain restrictions from the DEC so we will probably seed it with some sand, the type of grass seed that will grow in a weak soil, a sandy soil. We do realize the restrictions in terms of fertilazation. CHAIRMAN: The riprap which lies below the bulkhead, that is the nature of this interpretation, is it not? MR. MICHEL: I believe so, yes. We have an existing riprap wall and we had the bulkhead and the DEC describe their line right at the high water mark. CHAIRMAN: Is any of the riprap under water at the high water mark? MR. MICHEL: Yes it is. Approximately half of !t. The riprap continues not necessarily contiguous but for approximately 20 in depth and 10 of it is under water - high water. Page 11 - Appl. No.4029 Charles and Angela Kyriakoudes Hearing Transcript of June 7, 1991 CHAIRMAN: Does the bulkhead run the entire length of the property. MR. MICHEL: Yes it does. CHAIRMAN: I couldn't determine that with some of the foliage there. Thats the reason why I asked the question. I don't have any further questions unless anyone else does. Thank you very much for your presentation. MR. MICHEL: You will let us know when i~'~s time for the d~cision. CHAIRMAN: Is there anyone else.~ who would like to speak in favor of this application. Would anyone like to speak against the application? There being no further comments, I make a motion closing the hearing and res6rving decision. ALL IN FAVOR - AYE. Appl. Nos. 4011V and 4010SE - JOSEPH AND LINDA FISCHETTI The Hearing opened at 8:05 p.m. The Chairman read the legal notice for the record and the application before hearing testimony. Survey prepared by Roderick VanTuyl, P.C. dated February. 6, 1991 indicating a parcel approximately 80' plus or minus by 141.05 plus. I have a copy of Suffolk County Tax Map indicating this and surrounding properties in the area. Would you like to be heard Mr. Fischetti? MR. FISCHETTI: Yes. Good evening Mr. Chairman and members of the Board. My name is Joseph Fischetti. I'm here for my wife, Linda, who is actually the applicant. The property was purchased in 1986 prior to the adoption of the ~oning ordinance. The property at that time was designated residential/office in the proposed ordinance. The strict conformity of the bulk schedule of the zoning ordinance would deprive us the right of the use of that property enjoyed by other property owners in that zoning district. A check of the zoning map will show that there are three lo'ts on the east side of Oaklawn Avenue which have been purposely and consciously included in the residential office zone. Each one of these properties is less than 40,000 sq. ft. The Planning Board and the consultants indicated that this is suited for residential office by designating those as residential office. The rear of the property is the Presbyterian church. On the north side is Dr. Campbell's office, across the street is Southold high school. The granting of this variance will be in harmony with the general purpose and intent of this ordinance and will not be injurious to the neigh- borhood or otherwise detrimental to the public welfare. I hope that you will agree with this. NOTICE IS HEREBY GIVEN; ~u~nt to S~-tion 2~7 of the Tovm L~w ana me~e ~n of Sou~dd, ~ foHo~S pub~ h~~ ~gs ~ ~ h~d by ~e ~U~O~ ~ BO~ OF APpEA~ South·id Town ~a~, Msia Southold, ~ 119~1. co ~IDAY. ~UNE ~. 1991. commencing ~es s~ed ~:30 p.m. Appt. KICHARD OLIVE~. geq~s~ for w~nce to ~e ~g O~mance~ A~cle ~, S~fion l~-s1 for ~r- mission ~o loc·re new principal ~r ~d side ya~ sc~s. Westerly Side of Cr~t Avenue, ~s~ E~, ~; ~ T~ Mep ~.5. O~ce, A~cle X~V, wlth a d~anc~ shown at 75 feet from ~ I00-242A for penni,ice to enl~e existing n~c~o~g accesso~.. ~ fi~np ~ b ~ ~e ~- bu~d~g, loca~ ~y ~ ~e side ~~~ ncr loc ~e ~stfi~: A~c~t~ / m ~ ~ ~t ~e 75 ~ ~- Co·sedation (A-C). Location of / ~ ~t ~ ~ f~ ~- ~' 1~ N~ Bedew R~d~y ~ m~ ~ ~ ~- Rend, Southold. NY; County Tax ~ ~fim ~ ~: 1425 ~y 7:40 p.m. Appl. No. 4025 - N~ 1~7~13-~.9. _ ~ ESTATE OF JE~S H~S by 8:~ p.m. A~I. Nos. 4011~ 4010SE - Requests by IOSI~H A.ND LINDA FISCHETTI concerning property known as 235 Onklawn Avenue, Southold, NY; County Tax Map No. 1000-61-3-3 for:. (1) · Spe- cial Exception to the ~oning Ordi- ~ Appeals under Article VH, Secdun 100-71, and, (2) if ne~eua~. · vari- ance to establish professional and business ~llce usc un this 11.656 fl. nonconforming po~ceL Zune Dis- trier: Reside·rid-Office (PO). The Board of Appeals will at s~id time and piece hear any and all per- sons or ,~F,~ent~tiws desiring to be heard in the above matter. Written comments may also be submitted l~ior to tbe condmlou e( the subje~ hearing. Each hea~ will nm start before the times dcsigunted above. For mote information, please call Dated: May 10, 1991. BY ORDER OF THE SOUTHOLD TOWN BOAI~D OF APPF~tLS GE~RD P. GOEHRINGER CHAIRMAN By Lind· Kowelski 70~2-1TM23 Robert Taylor. Request for a variance to the Zoning Ordinance, Anlcl~ Seciiun 100-142, 100-141,100-241A, for permission to enlarge existing nonc~forming dwelling in this Li~b~ industrial (LO Zone Di~ict with a ~ and frent yard se~bechs. Location of Prepe~: 21755 County Rind 48, Cutchogue, NY; County Tax Mep No, 7:45 p.m. AppL No. 4027 - ItALSEY A. STAPLES. Request for yeti·ncc to the Zoning Ordinance, ~ XXVIH. Se~ion 100-281A(7) for pcnnlsslon to cmsu~c~ new pdn- clpal dwelling structure up<~ es which is nonconforming and nc~ been held in single and separate ownership ·s exists since April 9, 1957. Lot is nonconforming, having a ~ lot arc· of 33,~68 sq. f~ and 25 fc frontage (width) along Middleton Road in the Hamlet of Gteenport, Town of Southold, NY; County Tex Map No. 1000-41-2-12. L 7:50 p.m. App1. No. 4024 - RONALD STRITZLER. M.D. Request for varinnee to she Zoning O~dinnnce. A~,icle HI. Section 100-33 for penni,ion to locate accessory than the re~ui~ed ~ar yard. Zone D~s- t~¢t: R-gO. Location of Property: NY; County Tex ]~p No. 1000-94-1- 4. CHARLES AN'I~NGELA KYRI- AKOUDES. Requ~or vari~nc~ to the Ze~in~ Onlinance,~l~nicle XX~, Section 100-239.4B for ponui.ien to / loca~ portion of ingn~und pool wifl~ f~nce enclosure and portion of deck- ing which will be located within 75 feet from the e. xisting bulkhead, and. STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) _~ ..!sf~'~/~ /~__f_y[ ~.~ of Mattituck, ,n ~ald County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattltuck, in thc Town of Southold, County of Suffolk and State of New York, end that the Notice of which the annexed Is a Minted copy, has been regularly published in said Newspaper once each week for ~ weeks s~c,e_sslvely, comme_,ncing on the r-~'~ day of 'gilt - Principal Clerk Swom to before me thb dayof DORIS MARIE HARRISON NOTICE OF HEARINGS NOTICE IS HEREBY GIV- EN, pursuant to Section 267 of The Town Law and the Code of the Town of South01d, the following public hearings w Il be held by the SOUTHOLD[ FOWN BOARD OF APPEALS I at the Southold Town Hall, Main Road, Southold, NY 11971, on FRIDAY, JUNE 7, 1991, commencing at the times specified below: 7:30 p.m. Appl. No. 4028- RICHARD OLIVERL Request for variance to the Zoning Or- dinance, Article III, Section 100-32 for permission to locate new principal dwelling structure with insufficient rear and side yard setbacks. Zone District: R-80. Location of Property: Westerly side of Crescent Avenue, Fishers Island, NY; County Tax Map District 1000, Sectmn 6, Block 6, Lot 20.5? 7:35 p.m. Appl. No 4026- JAMES AND PATRIC1A BOYLE. Request for variance to the Zoning Ordinance, Article XXIV, Section 100-242A for permission to enlarge existing nonconforming ~ccessory building, located in the side yard and front yard areas on this cor- ner lot. Zone District: Agricultural Conservation (A- C). Location of Property: 10205 North Bayview Road and the Easterly side of a Private Road, Southold, NY; County Tax Map No. 1000-79-5-20.5. 7:40 p.m. Appl. No. 4025- ESTATE OF JENNIS HARRIS by Robert Taylor. Request for a variance to The Zoning Or- dinance, Article XIV, Section 100-142, 100-141, 100-241A, for permission to enlarge existing noncom forming dwelling in this Light lndustna (LI) Zone! District with a proposed addi- tion having insufficient side and front yard setbacks. Location of Property: 21755 County Road 48, Cutchogue, NY; County Tax Map No. 1000-96-1-18.1. 7:45 p.m. Appl. No. 4027- HALSEY A. STAPLES. quest for variance to the Zoning Ordinance, Article XXVIII, Sec- tion 100-281A(7) for permission to construct new principal dwell- ing structure upon premises which is nonconforming and has not been held in single and separate ownership as exists since April 9, 1957. Lot is non- conforming, having a total lot area of 33,668 sq. ft. and 25. ft. frontage (width) along Mid- dletan Road in the Hamlet of Greenport, Town of Southold, NY; County No. . 7:50 p.m. Appl. No. 40~4. RONALD STRITZLER, M.D. Request for variance to the Zon- ing Ordinance, Article III, Sec- tion 100-33 for permission to locate accessory tennis court structure in an area other than the required rear yard. Zone District: R-80. Location of Pro- perty: 3055 Soundview Avenue, Mattituck, NY; County Tax Map No. 1000-94-1-14. /~:55 p.m. Appl. No. 4~29- CHARLES AND ANGELA KYRIAKOUDES. Request for variance to the Zoning Or- dinance, Article XXIII, Section 100-239.48 for permission to locate portion of inground pool with fence enclosure and por- tion of decking which will be located within 75 feet from the existing bulkhead, and with a distance shown at 75 feet from the rip-rap'which is between the bulkhead and the mea~: highwater mark of Southold Bay. Or, an Interpretation as to which structural point the 75 ft. setback requirement shall be from (particularly where more than one structure exists.) Zone District: R40. Location of Pro- perty: 1425 Kimberly Lane, Southold, NY; County Tax Map No. 1000-70-13-20.9. ~ p.m. Appl. Nos. 401IV and 4010SE- Requests by JOSEPH AND LINDA FISCHETTI concerning pro. perty known as 235 Oaklawn Avenue, Southold NY: County Tax Map No. 1000-61-3-3 for: (1) a Special Exception to the Zon- ing Ordinance as authorized by the Board of Appeals under Ar- ticle VII, Section 100-71, and, (2) if necessary, a variance to establish professional and business office use on this 11,656/I sq. ft. nonconforming parc~E~ Zone District: Residential-Office (ROI. 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 prior to the conclusion of the subject hearing. Each hearing will not start before the times designated above. For more in- formation, please call 765-1809. Dated: May 10, 1991. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN \qi0 By: Linda Kowalski ~X-8/23/91(621 COUNTY OF SUFFOLK STATF. OF NEW YORK Patricia Wood,' being duly sworn, says that she is the Editor', of ]'HE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, ' has been .pubiisl~ed in said Long Island 'l'raveler-Watclunan once each week for ..................... ~. .... weeks s'uccessively, commen;,g on the ......... ~~. Sworn to before me Ibis '~-""~ ~ clay of ............. .//?. ?('7. .... 19 .?./.. Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, State ot New York No. 4806846 Qualified in Suffolk Cot}utYt Commission Expires o°/3lp,9.. 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 office prior to the hearing date if you have any questions or wish to update your file. Yours very truly, Enclosure GERARD P. GOEHRINGER CHAIRM3dq Copies of the Legal Notice for Hearings to be held 6/7/91 were sent to the following on 5/14/91: Times-Review Long Island Traveler-Watchman, Inc. ZBA Board Members with copies from files Individual hearing folders Original posted on Town Clerk Bulletin Board 5/13/91 Stephen L. Ham III, Esq. 45 Hampton Road Southampton, NY 11968 Steve Latham, Esq. ~ ~ Twomey, Latham, Shea & Kelley P.O. Box 398 33 West Second Street Riverhead, NY 11901 Mr. and Mrs. James Boyle 10205 North Bayview Road Southold, NY 11971 Environment East, Inc. ~ RR #3 - 3075 Indian Neck Lane Peconic, NY 11958 Mr. Halsey A. Staples 29 Middleton Road Greenport, NY 11944 Ronald Stritzler, M.D. 51 Stirrup Lane ROSLYN Heights, NY 11577 Mr. Michael A. Michel, ASLA Michel & Associates 9 Village Square Glen Cove, NY 11542 Mr. and Mrs. Joseph Fischetti, Jr. 1725 Hobart Road Southold, NY 11971 Ra~e 3 - Appl. No. 4O Appl. of CHARLES AND ANGELA KYRIAKOUDES Decision Rendered June 7, 1991 (g) in view of all the above, the interests of will be served by granting the relief as requested and conditionally noted below. justice Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to GRANT a variance in the Matter of the Application of CHARLES AND ANGELA KRYIAKOUDES under Appl. No. 4029 for permission to construct open deck, inground pool and whirlpool structure as applied and more particularly shown on the plans prepared by Michel & Associates, as revised April 29, 1991 SUBJECT TO THE FOLLOWING CONDITIONS: 1. That during construction, straw (hay) bales be placed along the periphery of the entire constructionl three feet from structure, to prevent drainage or run-off into the bay areas; 2. That all conditions under the N.Y.S. Department of Environmental Conservation be complied with; 3. That there be no other construction or other land alterations within 65 feet of the bulkhead, with the exception of live plantings or possible future retainers authorized by the Town Trustees. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis. Doyen and Villa. (Member Dinizio was absent. This resolution was duly adopted. lk GERARD P. GOEHRINGER, cH~ J~ne 7, 1991 Land Use Michel & Associates 9 Village Square P.O. Box ]33 Glen Cove, N.Y. 11542 Attn: Mr. Michael Michel Re: Kyriakoudes - Southold Dear Mr. Michel: Please be advised that our sub{~ission to NYSDEC for an amendment of the existing Article 25 permit resulted in a request that the total area of impervious surfaces within the subject property be calculated to reflect the 20% maximum allowed under NYSDEC requirements. Please note that this 20% refers to adjacent are~ (upland) and not total lot a~ea. ~ Your office indicated ~aid calculations an the project site plans to conform to the lot coverage requirements and we resubmitted same for an amendment issua~ce. Kindly contact me if you have any questions. remain, Charles W. Bowman CWb/ci 2576 Sound Avenue · Baiting Hollow. NewYork , ~1933 727-2400 , · FAX (516) 727-2605 TRUSTEES John M. Bredemeyer, III, President Henry P. Smith, Vice President John L. Bednosld, Jr. John B. Tuthill Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SUPERVISOR SCOTI' L. HARRIS Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 June 11, 1991 Michel & Associates 9 Village Square Glen Cove, NY 11542 RE: Charles Kyriakoudes SCTM #1000-70-13-20.9 Dear Mr Michel: The following actions were taken by the Board of Town Trustees during its regular meeting held on June 6, 1991: RESOLVED that the Town Trustees APPROVE the request for a waiver for the following: Construction of a deck, pool and timber wall, closer then 50' to the existing bulkhead. To remove concrete rubble. not to be Please return to the Building Department for a determination on the need for any other permits which may be required for this project. Very truly yours, John M. Bredemeyer, III President, Board of Town Trustees JMB:jt cc: Bldg. Dept. ZBA~/ File M chel & Associates ~ ~ -4 1991 May 30, 1991 Mr. Gerard Goehringer Chairman, Board of Zoning Appeals Town of Southold Main Road Southold, N. Y. 11971 Re: Kyriakoudes Residence Kimberly Lane Southold, N. Y. Dear Mr. Goehringer: Since our initial filing with the Zoning Board of Appeals on behalf of Mr. & Mrs. Charles Kyriakoudes on Kimberly Lane, we have been somewhat concerned about the percentage of lot cov- erage 19.8%,(see L-l). After some discussion with Mr. Kyriakoudes, he has decided that the driveway, originally indicated as asphalt, would be better if it were built in gravel. This would be placed on top of a stone blend base. This then would be a permeable surface. We had erroneously understood from the code that driveways were to be included in our coverage calculations. We have since found out that this is not the case. The percentage of lot coverage should be indicated as 10.74% and not 19.9%. This information about the driveway is solely for the board's understanding that we have made an error in our calculations and the Board be made aware that we are looking to provide a pervious surface as a driveway. Also, after speaking with Linda Kowalsky from the ZBA, she had mentioned that the Board would be interested in knowing the depth of the pool. This unfortunately is not included in the drawings which we have filed. I am enclosing Sheet L-2 of our documents for the Board's consideration and review which indicates the depth of the pool at 8'. L©nd$cope Arohil-eck re Si?e Plonning 9'~/illo©e Sq,dorc~,,~ i, ler Qove New York Jl$42 516o676,©O72 Fox 676°0596 Mr. Gerard Goehringer -2- May 30, 1991 If you have any questions, please do not hesitate to call. ~hel, ASLA :dc eric: cc: Mr. Charles Kyriakoudes Mr. Robert Tast 9013.18 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Robert A. Villa James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD May 23 , T"fPE II ACTION DECL~W. ATION 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 Appeal No. 4029 Project/Applicants: Charles and Angela Kyriakoudes County Tax Map No. 1000- 70-13-20.9 Location of Project: ]425 Kimber]y Lane, S0uth0]d, NY Relief Requested/Jurisdiction Before This Board in this Project: Locate portion of in§round p00] with femce enc]0sure amd portion of decking which will be located within 75' from existing bulkhead, and with a distance of 75' from rip-rap which is between bulkhead and mean highwater mark. Interpretation -which structural point 75'setback be from This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law ~44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted 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 ~rpe II Actions. Pursuant to Section 617.2jj, this Department is excluded as an involved agency. This determination shall not, however, affect any other agency's interest as an involved agency under SEQP. A 617.2jj. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, N~f 11971 at (516) 765-1809. mc 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: FROM: RE: DATED: SOUTHOLD TOWN ZONING BOARD OF APPEALS JUDITH T. TERRY, SOUTHOLD TOWN CLERK ZONING APPEAL NO. 4029 MAY 6, 1991 Transmitted is application for variance submitted by Michael & Associates on behalf of CHARLES AND ANGELA KYRIAKOUDES together with notification to adjacent property owners; short environmental assessment form; Notice of Disapproval from the Building Inspector; letter of authorization; 1 copy and 2 original surveys of property; 7 site plans; copy of floor plan and other documents relative to application. Michel & Associates May 2, 1991 Mr. Gerard Goehringer Chairman Board of Zoning Appeals Town of Southold Main Road Southold, N. Y. 11971 Mr. & Mrs. Charles Kyriakoudes Residence Sec. 70, Block 13, Lot 20.9 Southold, N. Y. RECEIVED 1991 Southold Town ~e~. /~ A~ ,~ Dear Mr. Goehringer, We are enclosing herewith our application to the Board of Appeals for a relaxation of the code requiring a 75' setback from the existing wood bulkhead. We believe we have completed all the necessary applications and are enclosing the proper number of plans. Earlier this week I had forwarded a letter to Mr. Matthew Kiernan requesting a further interpretation of this code because the conditions existing at the site, having a bulkhead and a rip rap wall, posed a hardship to my client. It also led to an erroneous basis for our planning in that we followed the setback established by the D.E.C. since it was established in between the bulkhead and the seaward face of the rip rap wall. A copy of the letter to Mr. Kiernan is enclosed for your consideration. Londsoope Arohit oi r 9 Villo.ge $quore (%len '_'~ ~ .ove, New York 11542 $i?e Plonning 516,676,0072 Fox 676,0596 Mr. Gerard Goehringer -2- May 2, 1991 We are also enclosing photogr~phB, showing the deck and pool encroachment, and the s~e-~h'as been staked out and is available to you and fellow board members to review. If you have any questions prior to the meeting, please do not hesitate to call. As agent for Charles & Angela Kyriakoudes :mv enc: cc: Charles Kyriakoudes Victor Lessard Matthew Kiernan Robert Tast Charles Bowman 9013.11 · ' ~PROJECT I.D. NUMBER 617.21% Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be completed by AII~licant or Project sponsor) 1. APPLICANT ~PONSOR ~ Charles & Angela Kyriakoudes ~ 3. PROJECT LOCATION: Mu.~cf~.,~, Southold Cou.w Suffolk 4. PRECISE LOCATION (Stre't'~"-ee~";a'a~ address and road intersections. P~marks. etc., or g~ovide ma~"~-" 1425 K'imberly Lane, 605.iS' south of Roxanne Rd..(map included) SEQR S. IS PROPOSED AC33ON: ~ ~ ~New ~'~ Expansion [] Modiflcatlonlalfe~at Ion 6. DESCRIBE PROJECT BRIEFLY: ~ ~ cons'truction o£ deck, pool with whirlpool and grass terrace 7. AMOUNT OF ~Nn AFFECTED: f -- Initially_e_ ~ ,cres Ui,Ima,e,v .~ _acre, 8. WILL PROPOSE~;TION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes o If NO. describe briefly Deck, timber retaining wall, whirlpool and swimming pool will en- croach on setback line. 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? . r~ Residential [] Jndusti'ial 10. DOES ACTION INVOLVE A PERMIT A~'PROVAI.. OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAl... STATE OR LOCAL)? ['~ Yes [] No If yes. list agency(sD and permiuapprovals DOES ANy ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? Construction of house has current and valid D.E.C. Oct. '88. Amendment for pool/deck is pending. 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PEBMIT/APPaOVAL REQUIRE MODIFICATION? ~Ye~ l'-lNo Amended D.E.C. permit approval #1368, CERTIFY THAT THE INFORMAT'~ON PROVIDED ASOVE IS TRUE TO T 8EST OF MY KNOWLEDGE .ame: .. Ch~les.~&.~ngela K:Y-~iakoudes ~~ _ ~/2~/~~ ~action is in the Coastal Area, and you~ . - ~ . ~ency, complete the ~a~al Assessment Form before proc~ OVER 1 (Continued o~ ~eve=se s&Be) The N.Y.S. Environmental Quality Review Ac additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- (o) If all questions have been answered No it is likely that the project is no= Significaat. (d) ~nvlronmenta! Assessmen~ 1. Will project result in a large physical change ~?es X NO ~ NO on adjacent sites? X .~._Yes __._No Yes X No .. Yes X No 8. Will project have a major effect on visual char-- Yes X No 10. Will project have a m~jor effect on existing or Yes X Will project result in major traffic problems or systems? ' X 12. Will project regularly cause objectionable odors, 13. Will project have any impact On public health or safety? X ~Yes Preparer,$ Signature: Representing: Charles & An~ela K~riakoudes 0ate-., tion of more than 5 percent OVer a one-year ~Yes X No period or have a major negative effect on the eharact~ of the community or neighborhood? Is there public controversy COncerning the pro]eot? 4/29/91 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.) Charles & Angela K,yriakoudes 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? {X } Yes { } No 1. Are there any areas which contain wetland grasses? Yes 2. Are the wetland areas shown on the map submitted with this application? Yes 3. Is the property bulkheaded between the wetlands area and the upland building area? Yes 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? Yes E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? No (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fences which exist and are not shown 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? Yes If yes, please submit a copy of your building permit and malm-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. parcel single family dwellin~ proposed use private home Authorized S~g~a~ure and Date Please list present use or operations conducted at this and 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 6-54~4 by L.L. No. 6-1984] WETLANDS [Amended 8-26-76 by L.L. Ne. 2-1976; 3-26- 85 by L.L. No. 6-1985]: ~ 3' ~ ~" · ~ ~ ~IDAL WETLANDS: (1) All lands generally covered or intermittently coy- 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, groundseI, 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- tle 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- 25- ss ..1 Michel & Associates April 23, 1991 Mr. Matthew Kiernan Assistant Town Attorney Town of Southold Box 728 Main Road Southold, N. Y. 11971 Re: Kyriacoudes Property Kimberly Lane Section 070, Block 13, Lot 9 Dear Mr. Kiernan: We are enclosing herewith the items we spoke of last Friday in our telephone conversation. The survey was amended by Peconic Surveyors within the last 3 weeks to incSude the limits of concrete and stone rip rap. ]t was not indicsted in the earlier survey filed for the building permit issued for the construction of the house. Also enclosed is our Grading Plan, Sheet L-2, dated 1/4/91, revision 2/14/91, which illustrates our proposal for the area. We have included a second copy of the p]en indicating the specific problem area precipitated by the questions of the 75 foot setback from the wood bulkhead. As ] mentioned in our conversation, initially our client had worked with Test and Clemency, Architects in the design and location of the house. Their site had previously been issued a pern~it by the DEC for %he cor, struction of a house back ]988. The building setback t~ the DEC was estat~iishea '75' from a line between the seaward edge of rip rap a~]d the landward face of the bulkhead. The width of rJ~ rap stretch- ing aczoss the property is approximately 24 feet wide. This mid]ine also established the edge of wetlands indicated on the survey. This ruling by the DEC seemed fair. ]eft sufficient area for my client to develop future recreational needs. Mr. Matthew Kiernan -2- April 23, 1991 We understood the Town of Southold code regarding structures and setback from bulkheads. However, we have a condition with all three items noted in the code, vis a vis, setback of structures from bulkhead, concrete wall and rip rap. We felt that the line established by the DEC, typically the lead agency in these issues, to be an accurate assessment applicable to our conditions and meeting the code of the Town of Southold. A 75' setback from the bulkhead would severely limit access into the house along the southeast side. The first floor of the house is approximately 6' above existing grade in that area. There is the smallest area remaining for steps and circulation around the house. We never sought to violate the code, or return to request a variance, but simply felt that the DEC assessment was most applicable given the conditions and local codes. Our feeling is that in this specific case the code, actual conditions and what is proposed need specific attention. At this point, we would appreciate your requesting the Board of,Trustees' opinion on this issue. We would hope that they deem this not an issue for the Board of Appeals. ! would be happy to meet with you to review and discuss this issue further. Mich a-~l ~%.~ichel, ASLA :dc Encs. cc: Mr. & Mrs. C. Kyriacoudes Mr. Robert Tast, ?ast & Clemency Architects Mr. Charles Bowman, Land Use Co. 9013.7 Michel & Associates May 2, ~991 Mr. John Bredemeyer Chairman Town Trustees Town of Southold Main Road Southold, N~Y. 11971 Re: Mr. & Mrs. Charles Kyriakoudes Residence . Sec. 70, Block 13, Lot 20.9 Southold, N. Y. Dear Mr. Bredmeyer, We are requesting on behalf of Mr. & Mrs. Charles Kyriakoudes of Kimberly Lane a waiver from the Town Trustees for the construction of a wood deck, pool and timbe~ wall encroaching within the 75' setback from the wood bulkhead. We are enclosing herewith plans indicating the distance encroaching upon the setback. Also enclosed axe copies of ~etters forwarded to Mr. Matthew Kiernan and Mr. Gerard Goehringer ~n this issue. Please consider t?~is waiver application at your next meeting. If you have any questions, please don't hesi.tate to call. Y, Michael A. Michel :mv cc: Char]es Kyriakoudes Gerard Goebringer Robert Tast 9013.12 S te F-'lonn ng Michel & Associates April 29, 1991 Mr. Thomas Fisher Building Inspector Town of Southold Main Road Southold, N. Y. 11971 Re: Kyriakoudes Res. Sec. 70, Block 13, Lot 20.9 Southold, N. Y. Dear Mr. Fisher: We are hereby authorizing Michael A. Michel and the firm of Michel & Associates, Landscape Architects and Site Planners, to file necessary applications and documents for the Board of Appeals on our behalf. Respectfully, Dated: > akoudes tnge~ Kyriakb~s Dated: ~/~ ~/~/ 9013.10 Lon~cape Architecture 9 ¥~llo©e Square C~,,en Cove, New York 11542 Site Planning 516,676-0072 Fox 676°0596 1~0~ NO. · TOWN OF $OUT~OLD BUILDING DEPARTMENT TOWN HALL $OUTHOLD, N. Y. BUILDING PERMIT (THIS PE~41T MUST BE KEPT ON THE PRF-~ISES UNTIL FULl. COMPLETION OF TFIE WORK ^UTHoRIZED) N~ ~9005 Z Permission is hereby granted to: ......................... ' .................. to ....,..,~.:.~;.~ ,.~: .~ ....................... "~7"';T,;'"'"; ............... ; ...... -, ............................ . .... ~..Z~ ? ~ ~,,, L/~ ~. . , ..................... ~ r ..................... ~.~.. ~.u ~ ~ .~ ~un~ Tax Map No. 1000 Section ..... pu~uant to application dat~ . ~/~ .... = ...... ~'"'" ................... · 19-~.© , and appr~ ~ ~e Building Inspmor. '~ .... Rev. 6/30/80 MAY E~2 '91 09:30 P.? a~C~ZON& ~ 070.00 13,00 LOTs 020.009 .4 1 015 CHARLES KYRZAKOU~ES and ANGELA r~aldtng ~C 31 Center Drive, Malba, NoW York oi par:, ~~ln~ Town of SouCho~d, County of ~u~folk ~*~ ~CaC~ of New York, known and designated m~ lot ~9 On a c~rtu$n map ontit%od, "M of Para,is ap e by ~m Bay", filed in Ch= Offioe of =h~ Clork of ghe CO~=y of Suffolg oI~ November 4, 1976 aa Map NO. 6463. ~ING AND INTKND=D TO SE THE Si~LI~ PREMISES CONVEYED TO Tfik' PAi~TY OF T~E FZa~T PART BY D=ED DAT=D DECE~a 19, ~9~6 AND RECORDED ~EBRU~Y 1987 IN LI~ER 10247 pAG~ 72. SAID ~R~ISES ~$O KNOWN AS AND BY KIMBERLY LANE, SOUT~OLD, NEW YORK THE CONVEYAN~= IS DONE iN THE NOR~ COURSE OP THE ~USINESS OF THE G~NTOR. TH~ CO~YANCE IS ~D~ WITH THE UNANIMOUS CONSENT OF THE STOC~ilOLD~R[ OP TH~ GRANTOR HER~IN. l~ ~y ~ tho ~d ~ loraver. . ~..~ ....~r~ or ~u~ &ne ~a Ol wherry the ~id ~r~i~ have beton cncum~rcd in any way wh~t~e~ ........ crc. AND l~ ~rly Oft~ first pan, m compliance with S~lon 13 ~ the Lien ~w, ~vcnm~ r~ Ibc mrtv 4~ firR ~Zt will r~iv~ t~ ~on,~idcmtion for ;hi~ ~nvcyance ~nd will hold ~hc right to r~cive ' GJ.~ any ~rt ~the tot~ oi the ~ Jot any other wrill¢fl, 'i tO m~' }mown t~ ~e the irldlvidu~! de~ribed in ind who e~ecuted the foreR'olng instrument, and acktmwiedged that e~ecuted ~e ~ ~o,~uy ~e RICED MOORINg- , ~fore me %o me ~m0~, who, ~n. b- me d,d ........ - - '~t hcb ~ 2resi~f~~) ~Y ~MOT[RING $NT~RPRISES, INC. , ~ ~ rat On ' ~t~d by order of t~ ~rd O{ *:'--- , /~c,~: wal ~ , - ~ ,,~ nc s~a ~n~e thereto by {i~ ~rder Notary PUDi£C ~.4~]?- ENTERPRISES/ INC. TO XYRIAKOUDES First ~¢rnerican Title Insurance Compan~ o£ N~o York TEL N0: 516-~566B P.3 .... t~768 P03 ...... me OA the day ot ~9 ~cr~o~lly ~e , to me known to ~ t~ i~ivJdu~{ de.rind ex.uteri the fo~oing {h~ment, &nd ~k~wlcdged t~t ~t~ the On the day ot l~ . before me pcraonaHy ~ , : the ,ubscribmg Witness to th~ foregoing instrument, with whom ! am person~Hy ~9~tn~d who ~ln b ewum, did d~ .~a .....~.. ~ t_ E..Y me duly t~t he ~1 t e,xecute the ~ame and that he, ~aid witness, the m~e ttme au~cfl~d h name as Witness there~ 070.00 33000 020.009 couNTv o~-tew,n BUFFOLE Recorded At Reauell of Flat Ameek~n 'fie ln~nnee ~,mpinl¢ ~ N~,, Ym, k JERALD J, DESOCIo, ESO. 500 Broadhollow Road Melv&lle, NeW York 11747 OR. Real Property Tax Service Agency SOUTHOLD 070 I000 ::'1: ........................................................................ ~YS~ ~ ~ 1~1 ,'~.. ~_~o ~ ~[ ............................................................. 11 ~T'T: .............. ~J .......... ~ .................................... s;A CLIFF NY 11579 .............................. SE~ CLIFF NY 11579 q~;~: -~o.1, ~o~i~. ' ~-~t ..... ~:~=~: ......................................................................................... l,c ......................................................... SCA CLIFF NY 115~9 ............................ ' ....... SEA CLTFF NY 11579 R-SO R 80 R-80 -M I A--C A-C SOUTNOLD R 40 / / / / / \ \ \ BOARD OF APPEALS. TOWN OF SOUTHOLD In the Matter or the Petition of : Chin:les & Angela Kyriakoudes : to the Board of Appe~l~ of the T~wn nf NOTICE TO ADJACE.'IT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: ThaLiLis the intention of the unde~i§ned to petition thc Board of Appeals of the Town of Southoid to request al~ariance~(SpeciaJ Exception) (Special Permit) (Other) [circle choice] That the property which is the subject of the Petition is located adjacent to your property and is des- cribedas'foilows: Sec. ?0, Block 13, Lot .20.9 1L~25 Kimberly Lane, 605.15 feet south of Roxanne Rd. 3. That the property which is the subject pf such Petition is located in the following zoning district: R -~0 4 Ilia[ h~, such Petition, the undersigned will request the following relief: relaxation of set~ack - from existing bulkhead (?~') %o the setback noted by the DEC The DEC setback line is approximately (8-12') seaward of existin~ bulkhead. $. That the provisions of. the Sou[hold Town Z~opimz Codeag. plicabic ro the relief sough[ by the under- signedare Article XXIII (23) Section 100-ZDg.& B [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above win be filed in ~he Southold Town Clerk's Office at Main Road, Sourhold. New York and you m~¥ then and there ex,rhine [he same durin§ re§ular office hours. (516) 765-[809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Bo'ard 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 LCD§ 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:' /+/29/91 Mibhael A. Michel, Landscape Architect Petitioner 0wners'Names: Charles & Angela Kyriakoudes Post Off]ce Address 1L~25 Kimberly Lane Southold, N. Y, Tel. No. ( ) [Copy of sketch or plan purposes.] showing proposal to be attached fur convenience NAM~ CERTIFIED ~LAZL RECEIPTS ADDRESS 73J4 640 051 Certified Mail Receipt Insurance Coverage Provided Do not use for International Mai/ (See Reverse) Street & NO le IIP F'O . S~ate & ZIP Code 1199 I Special Delivery Fee Restdc[ed Delivery Fee Relum Receipt Showing m Whom & Date Delivered / STATE OF NEW YORK ) COUNTY OF SUFFOLK} SS.: ~ ,~ ~ ~(~ , being duly sworn, deposes and says that on thc ~ day of ~ , 1 ~ ~ ,dcponen~ mailed a truc copy of thc Notice set forth on thc rc- verse side ~creof, directed to each of the ~hove-namcd persons at the ~ddresses set opposi:e their respective names; that the addresses set opposite the names of said persons are the addresse~ of said persons as shown on the current asscssmen~ roll of thc Town of Southold; th~ said Notices were mailed at the United States Post Of- ~ (registered) mail. Sworn to before me this o~'~ -- ' ,19 7 _ day of ;that, said Notices were mailed to ea~/b of said persons by JOAN RUMPF NOTARY PUBLIC, State p,$ l~ew York No. 4977724 Quo~/fied in Nassau County Commies/on Expires FebruarX IL 1993 (This side does not have property ownerS.) to be completed on form t. ransmitted to adjoining BOARD OF APPEALS, TOWN OF $OUTHOLD In the Matter or the Petition of : Charles & Angela Kyriakoudes : to the Board of Appeals nf the Tnwn nf 5ou[hnld : " ~r. Richard Mohring 323 Glen Cove Avenue Sea Cliff, N. Y. 11579 TO: NOTICE TO ADJACE:IT PROPERTY OWNER YOU ARE HEREBY GIVEN.NOTICE: 1 ThaLkis zhe intention of the undersigned To petition the Board of Appeals of thc Tawn of Sou[hold to request al~a~[ance~$peciaJ Exception) (Special Pcrmi[) (Other) [ci£cie choice] 2. That the property which is [he subject of the Petition is located adjacent to your property and is dcs- cribed as follows: Sec. 70, Block I3, Lot .20.9 1425 Kimberly Lane, 60~.15 feet south of Roxanne Rd. ~ , . That the property which is the subject pf such Petition is located in [he following zoning district: R-~O 4 That b% such Pe[iliun, [he undersigned will requesz the following relief: relaxation of sett{ack ? from existing bu___~lkhead (75') to the setback noted by the DEC (75'). -'--The DEC setback line is approximately (8-12') seaward of existing bulkhead. 5. That the provisions of the 5outhold Town Zonins~ Codea~.piicable to thc relief sough[ by Iht under- ' [ ] Section 28Q-A, New ~org Town Law for approval of access over r~ght(s)-of-way. .~:' 6, That within five days from the date hereof, a written Petition rcqu¢~Ung thc relief specified above win be flied in the 5outhold Town C[crk's Office at Main Road, Sourhold. New York and you may then and there examine me same during regular office hours. (5~6) 765-~809. :~ T. That be~ore the relief soughl may be granted, a public hearing muse be hcid on thc m~t[er by thc Bdard ~f Appeals; that a notice of such hearths must be published at least five days prior ~o thc d~tc of such hearin~ in ~he Suffolk Times and in ~he Long Island Travcler-Mattituck Watchman, newspapers published in thc Town of 5ow[hold and designated for the publication of such notices; that you or your representative have thc right to appear and be heard at such hearing. Mibhael A. Michel, Landscape Architect Petitioner Post Office Address Charles & Angela Kyriakeudes 1425 Kim~ ~rlv Lane Southold, N. Y. Tel. No. ( ) [Copy of sketch or plan pqrpuses, ] showing proposal to be attached for co, nvenience PROOF OF MA I_INC, OF NOTICE ADDRESS ~sTATE OF NEW ' ~UNTY OF SUFFOLK-,, SS.: P '?~4 b4U D52 ,~_. Certified Mail Receipt - .~-~No Insurance Coverage Provided ~ Do not use for International Mail ~,~EDS,A,ES (See Reverse) State & ZIP Code Special Delivery Fee Return Receipt Showing to Whom & Dale Delivered g b~in~ duly sworn, de~o~s and say~ ma: on me ~ d'~y 0~' ~Ay ':,j~ qs ,deponent mailedztruccopy.~f~hcNo[iccse[ for~honthere' Vtrsc side hereof, directed to each Of the above-named persons at thc addresses set opposite their respective n~mcs; that thc addresses sc~ opposite the names of said persons ~re thc ~ddresse~ of s~id persons as shown on th~.current zssessmcnt roll of thc Town of Sourhold; that s~id Notices were mailed zt thc United States ~ost 0[- riCe-at ~ ~0~ '~ (rc~is(crcd) mail. SWorn to before me this /I~- Notary Publle ' JOAN RgMPF :~ ~ NOTARY PUBLIC, State of l~w ,, NO. 4977724 ' ~ ~mmission Exp&fl~ Febr~ ;thai'said. //~/~'~c.~--.___~N°tices were mailed t o/~ach of said persons by (This side does not property ownerS. ) have to be completed on form transmitted to-"adjoi ning RESIDENCE .i SCALE responsible 'for pr~parlation f~r/a11' wool deck areas. T~ese drawings. by.the lan~Bcape architect prior, to~ cons~r~t~o~, Pool c~nt=~ctor shall be =esponsible ~o~ ~he allp~le drawings for p~ol and spa.. These drawin~ wilCO'be complete~ and stamped by a professiOna! enginee~.i Thes? drawing~'~ill be reviewed .by-the landscape ~rchi~c~ 'Layout, of'a~l,.areas ,(walk, walls, etc.) wi'~l be st~ked o~ and approved by Landscape ~rchitect in fie%d~ ~rio~ it0 ,. C~nt~actor shall verify the lo~ation of a,~l'~su~fac~ No lpOCketS, puddles, depressions, etc. shall r~ai~, ~n any Tqp of curb shall be maintained at 4" unles~ grade w~a~s differently. All changes'in the typical reu'e~l shall ~e ' %a~proue~ by the Landscape Architect A'~i manhole covers shall be raised to new grade set All edges shall be flush, smooth and even to ma~ntai~ positive flow to street. Where new pavement abuts existing curbs, they shal~ be.suc~. that the grade ~ine and curb face i~ smooth, flus~,~on faces, and continuous. "_.. ,~., .~,~ .All' material noted to be re~ved shal~ be removed below .. r grade, including all footings. new asphalt meets existing asDhalt~ 'the pavement%a~ll '¢'u,g'V, 'LEGEND ,, ( / \ ' [EAST ELEVATION "~-~'~' ~SOUTH-EAST ELEVATION ,! × ? IOUJ si Q iO~JW ",FIRST FLOOR PLAN: /-~ 4'-0' HIGH CHAIN LINK ~ FENCE WITH GATE · ' ' /.,. ~' '" 7,~ ~/. , ' ''--""' / : '-. PRELIMINARY SiTE PLAN / · ~ , ~ 4'-0' HIGH CHAIN LINK FENCE ~ SOUTHOLD, %%" KYRIAKOUDES ' RESIDENC 7,5 LOT rNEW YORK 8 ut,~ F~' E83, OOL LOT -- 4'-0" CHAIN LINK FENCE PROJ.# 9013 12-3-90 L- , / 4 -0" HIGH CHAIN LINK ~./ ~N ~~', :~ , ~. _,~ ~/: : ~ ~i PRELIMINARY SITE PLAN .' " L~- - · _ ~'.-.~ _ ~__ ~ ..., I ~ . ' ~~.~ / / / , I ~-~ ~ ·' ' ' - N 84~'~0" ~! . ' ~ " · J ' ~'~ ,, , ~ ' , "' : ~ ~ ~ ' '""' .... ~ ~ ~ -,- ~ E~ - ~ ~ , ' '~1 ~ :~ 'T " ~ ~:,,~/ // h' I¥~ ~ .~ DECIDUOUS TR~ ~m~gu ' ~"m ~mA ' A ~ t ' i , L · ~ II I /,/~ ~: - : ,, PBOJ.e 9013 ' : '" '~ ' .k ~ ~ ~ ' .f ,+ T"FJ~' ~( tnce . % HI~H- GRADING NOTES conditions conflicting with proposed to the Landscape Architect's attention. All grading shall be away form the building and terraces and towards the drywell as in a manner towards natural drainage flow. ~roughout the construction process t~e Contraqtor shall develop and maintain all water from ponding, accumulatzng or draining into building. 'All excavation from demolition shall be executed in a manner such that drainage is not impaired. All survey information is taken from surveys and maps prepared b~ licensed surveyor, latest revision. All existing conditions outside ~he proper~y line and project limits shall remain undisturbed. All utilities outside areas where grading or paving is taking place shall be left undisturbed. Contractor shall secure all necessary permits to work adjacent to public roads and withi~ ~own of Southold. o ~' ~Z'Z~ shall be brought W The minimum acceptable pitch along walks and t~rrace shall 1 1/2%. All fill areas wil~ be backfilled with bankrun gravel compacbed to 95% compaction. Any and all questions concernin~ detailing and construction should be brought to the at~ent.ion of the Landscape Architect. The Contractpr shall inform both th~ Owner a]nd Landscape Architect 5 ~.ays prior to beginning work. Contractor shall verify locations of existin,g utilities, catch basins and exercise extreme caution wh.en working in their vicinity. All existing conditions conflicting with those shown on drawings shall be brought to immediate attention of Landscape Architect prior to construction. Ali demolished material shali~ be disposed of lega!!~'. ,"LEGEND WOOD BULKHEAD A/P PECONIC SURVEYORS 4-16-91 WETLANDS BOUNDARY ¢~/, / / APPROXIMATE CENTER LINE OF RIP/RAP A/P PECONIC SURVEYORS 4-16-91 APPROXIMATE EDGE OF RIP/RAP A/P PECONIC SURVEYORS 4-16-91 ~-~¢~/-4 TcCU r~ SOUTHOLD BAY LIGHTING I" KYRIAKOUDES RESIDENCE SOUTHOLD NEW YORK ] ] · L-3 W/ PT ~1= '2. PF dY dH B~ nce 7 5 y~. 4 I ,III PLANTING NOTES 1. Actual conditions conflicting with proposed shall be brought to the Owner's attention. ~ 2. Throughout the construction process the contractor shall I~ develop and maintain all water from ponding, accumu- lating or draining into building. 9. 3. All disturbed conditions noted to remain shall be repaired by the contractor to original conditions at his~ expense. 10. 4. All existing trees and shrubs shall remain undisturbed. 5. All workmanship, labor and materials will be guaranteed ' tl. for a period of years. 6. The Contractor shall inform both the Owner 5 days prior 12. to beginning work. 7. All demolished materia~ shall be disposed of lagally. 13. 8. Contractor shall secure all necessary permits to work adjacent to public roads. All existing conditions,outside the property line and project limits shall remain ~ndisturbed. Owner reserves the right to inspect and approve all plant material, also the right to reject any plants found to be unacceptable. No substitutions to be made without prior approval of Owner. Coordinate all tree locations with si~e lighting and drainage structures. Contractor shall familiarize himself with all underground, field conditions, changes in architecture of building and notify the Owner of any discrepancies or conflicts prior to installation. 14. 16. 17. 18. 19. Contractor shall verify quantities indicated on plans. and notify the Owner of any discrepancies concerning quantities on plan, plant list and desired effect prior to submission of bid or construction. All precaution~ shall be taken in carting, placing and planting of materials adjacent to pavement areas. All plant material shall arrive at the site with balls, containers, flats intact and maintained before and during construction, all material damaged or stolen shall be re laced at contractor's expense. ' Al~ plant material shall be nursery grown. NO collected specimens shall be accepted. Plant material shall be kept in best horticultural condition after planting and during the two year guarantee period. New planting shall bear same relationship to adjacent existing grade. Grade surrounding planting shall be flush, smooth and maintain.existing drainage pattern. %NOOD BULKHEAD IWETLANDS BOUNDARY PLANT MATERIAL LIST SYM COMMON NAME CJ KATSURA TREE QP PIN OAK TL LITTLE LEAF LINDEN ORNAMENTAL TREES AC SERVICE BERRY FD FLOWERING DOGWOOD MS SAUCER MAGNOLIA SCdTS PiNE PJ JAPANESE BLACK PINE PO SERBIAN SPUCE JV EASTERN RED CEDAR SHRUBS AA RED CHOKEBERRY CV HEATHER BEARBERRY HM BiG LEAF HYDRANGEA BG BLUE GIRL HOLLY JC SHORE JUNIPER JB BAR HARBOR JT TAMS JUNIPER P2 MUGO PINE PF POTENTILLA PM BEACH PLUM RV SWAMP AZALEA AZ RED AZALEA TBR WEEPING YEW TCC UPRIGHT YEW VD ARROWWOOD VIBURNUM GROUNDCOVERS/PERRENINIALS PT PACHYSANDRA CF FEATHER REED GRASS MV VARIGATED MISCANTHUS Y2 YUCCA .LA LIATRIS VE VERONICA QTY SIZE REMARKS 1 6-7" CAL. FULL HEAD 3 4 1/2-5" CAL. FULL HEAD 2 4 1/2-5" CAL. FULL IIEAD 5 2 1/2-3" CAL. 3 STEM 3 10-12' HT. LOW BRANCHED 1 8-10'IHT. LOW BRANCHED 4 8-10' HT. FULL PLANT ~ 5 8-10' HT. FULL PLANT 5 7-8' HT. FULL PLANT ~.~' 5 3-4' HT. ~ 15 1 GAL. CONT. 52 18-24" HT. 16 3 GAL. CONT. ~ 5 3 1/2-4' HT. 2 1/2' WIDE 16 18-24" SP. 35 18-24" SP. ~ 106 18-24" SP. 17 2-2 1/2' SP. 18 3 GAL. CONT. FULL PLA 5 2-2 1/2' HT. FULL PL T 15 2 1/2' HT. FULL p T 8 18-24" HT. FULL 2 4-5' HT. 9 QT. , 15 QT. 19 3 GAL. 15 1 GAL. SOUTHOLD BAY DATE REVISION By PLANTING PLAN KYRIAKOUDES RESIDENCE SOUTHOLD NEW YORK I L-5