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HomeMy WebLinkAbout3863 2700 Sound Ave. 033 011 NichOlas Tsirkas %3386_ 7/29/85 pr°poSed dwetl~ing 'doesnot ~!~eet-minium 100' setback f~, APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINtZIO, JR. Southold Town Board of Appeals MAIN ROAD ' STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 FAX No. (516) 765-1823 ACTION OF THE BOARD OF APPEALS Appl. No. 3863 Matter of NICHOLAS TSIRKAS. Variance to the Zoning Ordinance, Article XXIV, Section 100-244, as disapproved, for permission to construct a one family dwelling with insufficient 40' frontyard setback in this R-40 Zone District. Property Location 2700 Sound Avenue, Greenport, County Tax Map No. 1000, Section 033, Block 01, Lot 11. WHEREAS, a public hearing was held and concluded on September 21, 1989 in the matter of the Application of NICHOLAS TSIRKAS under Appeal No. 3863; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; 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 north side of Sound Drive, Greenport and is identified on the Suffolk County Tax Maps as District 1000, Section 033, Block 01, Lot 11. 2. This is an application for Variances from the Zoning Code Article XXIV, Section 100-244, for permission to construct a one family dwelling with an insufficient 40' frontyard setback. Page 2 - Appl. No. 3863 Matter of NICHOLAS TSIRKAS Decision rendered October 4, 1989 3. Article XXIV, Section 100-244, (B) A nonconforming lot separately owned and not adjoining any lot or land in the same ownership at the effective date of this Article and not adjoining any lot or land in the same ownership at any time subsequent to such date may be used, or a building or structure may be erected on such lot for use, in accordance with all the other applicable provisions of this chapter, provided that proof of such separate ownership is submitted in the form of an abstract of title showing changes of title to said lot, which abstract shall be in the usual form, shall be certified by an attorney or a company regularly licensed to examine and ensure title to real property in Suffolk County and shall contain a certification that no contiguous property was owned by an owner of the property involved since the date of any previously applicable Zoning Law. 4. The subject premises is vacant and consists of a total lot area of 25,250 sq. ft., lot width of 100 feet and total average depth of 261+- feet., The proposed dwelling will have insufficient 40' frontyard setback. 5. It is noted for the record that by a prior application under Appeal No. 3471 , a variance to locate a new single-family dwelling with an insufficient setback from the edge of bank along the Long Island Sound, was approved conditionally under the following stipulations. 6. It was the opinion of the Board that: (a) no construction be located closer than 50 feet at the nearest point from the top of the bank. 7. In considering this application, the Board finds and determines: (a) that the circumstances of this application are uniquely related to the premises and its established nonconformities; (b) that there is no other method for appellants to pursue; and placing the proposed dwelling in any other location on the premises will require other variance relief; Page 3 - Appl. No. 3863 Matter of NICHOLAS TSIRKAS Decision rendered October 4, 1989 {c) that the area chosen for this single-family dwelling is not unreasonably located; (d) that in carefully considering the record and all the above factors, the interests of justice will be served by granting the variance, as applied conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, to GRANT a Variance in the matter of the application of NICHOLAS TSKIRKAS as applied under Appeal No. 3863 for the construction of a single-family dwelling (as described in the above Finding Paragraph #3), SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the single-family dwelling be no closer than thirty five feet to sound Drive. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Sawicki and Dinizio. This Resolution was duly adopted. df RECEIVED AND FILED BY 'r~. so~o~ 'row~ c~_~ Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 FAX NO. (516) 765-1823 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKt JAMES DINIZIO, JR. 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 hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, Main Road, Southold, NY 11971, on THURSDAY, SEPTEMBER 21, 1989, at the following times: 7:30 p.m. Appl. No. 3861 - SOUTHOLD FREE LIBRARY. Variance to the Zoning Ordinance, Article IX, Section 100-102, as Disapproved, (nonconforming Bulk area and parking requirements of the Hamlet Business District) Proposed construction will have insufficient total side yard setbacks. Property Location: 53705 Main Road, Southold; County Tax Map No. 1000, Section 61, Block 1, Lot 14. Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of September 21, 1989 7:35 p.m. Appl. No. 3859 - EMANUEL PIPERAKIS AND DIMITRIOS AGRIROPOULOUS. Variance to the Zoning Ordinance, Article XXIII, Section 100-239d (A) (1), as disapproved, for permission to construct and inground pool with deck and fence, within 100 feet from sound in this R-40 Zone District. Property Location: 3410 North Sea Drive, Orient; County Tax Map No. 1000, Section 15, Block 1, Lot 3. 7:40 p.m. Appl. No. 3798 - ELIZABETH McCANCE. Variance to the Zoning Ordinance, Article I, Section 106-20 (Article III Section 100-31 as Disapproved) for approval of insufficient area in this pending division of land.of property, (R-80 Zone District. ) Property Location: Mansion House Drive, Fishers Island; County Tax Map District 1000, Section 06, Block 05, Lot 3-5.1. FORM NO. 1 TOWN OF $OUTNOLD BU!LD]NG DEPARTMENT TOWN HALL SOUTHOLD. N.Y. 1107'1 TEL,: BO,~ OF HEALTH ........... ] S~/'S OE PLANS ........... SURVEY .................... CtlECK FO~,H SEPTIC .................... NOTIFY NAIL TO: (Building Ins;cct~r) APPLICATION FOR BUILDING PERMIT Date .q. INSTRUCTIONS a. Tlfis application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 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 -~reas, and giving a detailed description of layout of property must be drawn on the diagram which is par~ of this appl: :at/on. 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 penni shall be kept on the premises available for inspection throughout the work. . ¢. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupanc> shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Depm"tment for the issuance of a Building Permit pursuant to thc rluilding Zone Ordinance of the Town of Southold. Suffolk County, New York, and other applicable Laws, Ordinances o: Regulations. for the construction of buildings, additions or alterations, or for removal or demolition, as herein deschbed. ?itc .applicant agrees to comply with all applicable laws. o ' · · · :dm:t authorized inspectors on nremises and ;- ~.;,.,:_. c_ rdmanccs,, buildu!g code, houszn~.code, and regulations and State '~vhether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. (as on thc tax roll or latest d~e'd') ............ ' ~f applicant is a corporation, signature o£duly authorized officer. (Name and title of co ra e ccr) Builder's Lie=nsc No .......................... u PI mbcrs Lmcnse No ......................... Electrician's License No ....................... Other Tradc's License No ...................... Location of land on which proposed work will be done ..... '. . - .................................. · " ' }louse Number Street ..... · Hamlet ........ County Tax Map No. I000 Section ............. Y'-~. Block . .. ~.1 .... Lot... ~ /~ SubdMsion ................ ..................................... Piled Map No. (Name) .............. Lot ............... State existing usc and occupancy of premises and intended usc und occupancy of proposed construction: a. Exist,ng use and occupancy .... ~/+.C.:, . .o:..~. .... b. Intended Use and occupancy ..... .~..<~.... ~.. ~ ..... 3. Nature o£work (check Rep:~t applicable): New L~uilding .. . . .... · · · Removal ...... · · ? i ....Addmon ........ Lhcratmn .. ........ Dcmohnon .......... '[' Other U,'ork ...... 4. Estimate'd Cost ...... ~'~"~' (Dc~-cnpnon .............. Fcc ........ (t id fill g thi ........ o be pa on n Sapp ication 6 ' ' ' · · · umber of d~velling units on each fl · s:ructurc$, s cc n Ur an x~cniofc c{ ..... 7 mcnsions ot /sting if any: Front sc .. .... · ......... Rear ...... Di .......... Number of Stor/es .... · .............. Depth mensions of same structure with al/crat ....... ' .......... IOns Of a ...... 8 JJ ' ons: rr . . . s= so ntzr cw n c ' ' ........... Numbcro£Stor-ics .......... · · . Rear ...... 10. Date of Purchase 6 ,~ ;7're ............. Rear . ' ................................. . .... 1. Zone or Use dis .... ' -. , ' ............ 2' .......... Depth ...... / ' -. 12 D .... ,,ct ~n Wmcn premises arc sit, , '~ .... c~ame of l'ormcr Owner ~--- ,S't~:~'~r~'! .......... · ~ca proposea co ..... ; . -~a,eu. . .............. 13. Will lot be re,-rad;';~"uct'°n s lolatc an3, zoning law, ordin-]- ........ ,' ': ...................... .~[ ........ '"' '~ameotOwnerorpremises A).~j<~-~'/>}¢;.,~' ......... Willexcessfillbe m ..... . ....... · · N - . .... .~ ..... ?. ~ rc ovcd from rc - · ' ' am~ of Archucct ....... · ...... Address ;=£. c.~.~..zc,~-/,,,. ~'r- ,, p rn~es%.,., . Yes N · Name of Contractor . . ' .................. Address :~If yes c ....... u wzcn~[n~o0 re_. _= ''~.*'''. ........ rnoneNo .... ~_ · . PLOT Dr,\Gi~,~M~e requxred. 0 .... Locate dCa.Fly and distLnctb, all buildings, whether existing or proposed, and. indicat2 all set-back dimensions frorr ~rop~rty I/nes. Give Street md block number or description aCCording to deed, and show street names and indicate whethe: 7ATE OF XEW YORK, ~UNT¥ OF ..... ...................................... ~eing duly sworn, deposes ~d ~ay~ that he (Name of individual signing contract) : is the (Contractor aeenr .~ ...... L;.' ................ ' ~ ---, ~uaporatc Olllccr,.ctc.) .................. :aid OWner or OWners. ~d is duly author/zed to perform or have performed the said Work and lo m~c and file this ~lication: that all statements contained in this application are truc to Ibc best of his knowledge and belief;and that the :k will bc perfo~cd in the m~ncr set forth in thc application filed therc~vith. om lo bct'orc mc/his . ........ .... ., ~ENKDE~ ~ ~8LIC ~te of ~w Y~ ' ' · ~ 4707878, S~olk ~. . ...... TOWN OF $OUTHOLD, NEW YOI~K R ( £1VED APPEAL FROM DECISION OF BUILDING INSPECTOR JUL 03 1989 APPEAL NO. ~ ~ (~ '-~ DATE .............................. TO THE ZONING BOARD OF APPEALS, TOWN OF ~jlll~ JJ~llJi 1, (We)...../~/..Z.c..,/~.,q/.):~......~'/..~/.<.'~ ............. of ...:~..~..:;kT.f./....,2..~..~...C4/.....'..~..'.i~'-*...~,.,,~...~. .................. Name of Appellant Street and Number ...... ..~....~.I.S.:(..~..~- ............................................. ....................... ~.....,~., .............. 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 Name of Applicant for permit Street and Number Municipality State () PERMIT TO USE ( ) PERMIT FOR OCCUPANCY Street /Hamlet / Use District on Zoning Mop District 1000 Section'5-~Block / Lot /f .................................................................................. Current Owner 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and~.P, gra~raph of the Z?~ning Ordinance by number. Do not quote the Ordinance.) - 3o~.3 Article;~,'~-~ ~ Section/oo'~'~ . ~q,/ ~ 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ( v~ A VARIANCE to the Zoning Ordinonce or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Lows Art. ~6 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appel}been of the Building Inspector or with respect to this property. Such oppeoJ was ( ) request for a special permit ( ) request for o variance made with respect to this decision end was mode in Appeal No ................................. Dated ...................................................................... ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that l~orm ZBI (Continue on other side) REASON FOR APPE~ Continued STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- 2. The hardship created is UNIQUE an~ is n~sfi~ed ~ a~ propemes ~e in /~ ' ' vicinity of this property and in this use district because CHARACTER OF THE DISTRICT because The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE STATE OF NEW YORK ) ) ss COUNTY OF ~'~,'~.~ ) Sworn to this '~' 7 '7/~1 day of ........ j.~../4 ¢ 19V~' Notary Public TO~W.~N OF SOUTHOLD PROPERTY RECORD CARD ,/.0o'~ ~ ~7 3-1- /1. ' ' OWNER ,TRE~ VIL~GE DIST. SUB. FORME~ OWNER N ACR. ~ W TYPE OF BUILDING RES. S~S: VL. ~/] FARM CO~. CB. MlCS. Mkt. Valu~ LAND IMP. TOTAL REMARKS AGE BUILDING CONDITION ' NEW NORMAL BELOW ABOVE FARM Acre Value Per VaGue Acre Tillable FRONTAGE ON WATER Woodland FRONTAGE ON ROAD Meadowland DEPTH House Plot BULKHEAD Total DOCK SUFFOLK CO. TAX MAP DESIGNATION: OWNERS ADDRESS: LICtNSED LAND SURV£~R~ P. TEST HOLE STAMP Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of September 21, 1989 th 7:45 p.m. Appl. No. 3863 - NICHOLAS TSIRKAS. Variance to e Zoning Ordinance, Article XXIV, Section 100-244, as disapproved, for permission to construct a one family dwelling / w.ith an insufficient 40' frontyard setback in this R-40 Zone ~ District. Property Location 2700 Sound Avenue, Greenport, ~County Tax Map District 1000, Section 033, Block 01, Lot 11~. ~ 7:50 p.m. Appl. No. 3827 - EDWIN KINSCHERF. the Zoning Ordinance, Article I, Section 106-20, Section 100-31, as disapproved), for approval of Variance to (Article III, insufficient areas in this pending subdivision (R-40 Zone District.) Property Location: 350 Wood Lane, Greenport, Section 043, Block 04, Lot 29-30-35. Page 4 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of September 21, 1989 7:55 p.m. Appl. No. 3864 - LOEPOLD STERN. Variance to the Zoning Ordinance, Article XXIII, Section 100-239d, B. (Article XXIV, Section 100-244, as disapproved), for permission to construct a one family dwelling with an insufficient rearyard setback, approximately 75 feet from the bulkhead in this R-40 Zone District. Property Location: 1390 Bayview Drive, East Marion, County Tax Map District 1000, Section 37, Block 5, Lot 22. 8:00 p.m. Appl. No. 3865 - CHARLES AND CAROL BURST. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.3, as disapproved, for permission to construct addition with insufficient side and rearyard setbacks in this R-40 Zone District. Property Location: 705 Windy Point Road, County Tax Map District 1000, Section 87, Block 4, Lot 6. Page 5 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of September 21, 1989 8:05 p.m. Appl. No. 3866 - HENRY ARBEENY. Variance to the Zoning Ordinance, Article VIII, Section 100-82, as disapproved, for approval of insufficient area in this pending subdivision, (Light Business Zoning District (LB), Property Location: Route 48, Kenny's Road, Southold, County Tax Map District 1000, Section 059, Block 07, Lot 31. 8:10 p.m. Appl. No. 3849 - CIPITELLI BROS. REALTY. Variance to the Zoning Ordinance, Article XXIII, Section 100-239d, A (1), as disapproved, for permission to construct a one family dwelling with a insufficient setback and within 100 feet from Long Island Sound in this R-40 Zone District. Location of Property: 90 Petty's Drive, Orient, County Tax Map No. 1000, Section 14, Block 2, Lot 24. P~ge 6 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of September 21, 1989 8:15 p.m. Appl. No. 3852 - RICHARD DiBLASI. Variance to the Zoning Ordinance, Article III, Section 100-30A3, as disapproved, for permission to construct open deck in front yard, nonconforming with bulk area and parking regulations in this R-40 Zone District. Property Location: 360 Bayview Drive, East Marion, County Tax Map No. 1000, Section 037, Block 04, Lot 01. 8:20 p.m~ Appl. No. 3852 - ELLIOT PASKOFF. Variance to the Zoning Ordinance, Article III A, Section 100-30A.3, (Article XXIII, Section 100-231 (A), as disapproved) for permission to construct an attached deck with insufficient side yard and accessory fence (trellis) in front yard at the height of more than required 4 feet. Lot area is nonconforming in this R~40 Zone District. Property Location 205 North Sea Drive, Southold, NY, County Tax Map No. 1000, Section 54, Block 4, Lot 4. Page 7 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of September 21, 1989 8:25 p.m. Appl. No. 3854 - NANCY STEIN. Variance to the Zoning Ordinance, Article III, Section 100-119.2. (Article I, Section 97-12C, as disapproved) for permission to construct a deck addition within 75 feet of water or wetlands. Zoning District R-40. Property Location: 2535 Cedar Lane, East Marion; County Tax Map No. 1000, Section 037, Block 04, Lot 10. 8:30 p.m. Appl. No. 3857 - MICHAEL TOFFALIS. Variance to the Zoning Ordinance, Article XXIV, Section 100-244. As disapproved, for permission to construct a deck addition, insufficient rear yard setback for nonconforming lot in a R-40 Zone District. Property Location: 50 Captain Kidd Drive, Mattituck, County Tax Map No. 1000, Section 106, Block 03, Lot 028. ~age 8 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of September 21, 1989 8:35 p.m. Appl. No. 3858 - BEP~NARD COSIMANO. Variance to the Zoning Ordinance, Article XXIII, Section 100-239d, B. {Article Md{IV, Section 100-244, as disapproved) for permission to construct a deck addition within 75 feet of bulkhead. Construction has insui~icient total side yard setbacks in this R-40 Zone District. Property Location: Watersedge Way, Southold, County Tax Map No. 1000, Section 88, Block 5, Lot 63. 8:40 p.m. Appl. No. 3542 - CLIFFSIDE (TIDE 5t~RK). Variance to the Zoning Ordinance, Article V, Section 100-50B Special Exception, (Article XIII, as disapproved) for permission to construct 76 Motel Units in this Resort/ Residential {RR) Zone District. Property Location: 61475 County 48, Greenport, County Tax Map No. 1000, Section 045, Block 01, Lot 01. Page 9 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of September 21, 1989 8:45 p.m. Appl. No. 3770 - PORT OF EGYPT. Variance to the Zoning Ordinance, Article XII, Section 100-121C - 122, (Section 100-239D, as disapproved) for permission to construct Boat Storage Building with insufficient setbacks and excessive lot coverage in this Marine II (M-II) Zoning District. Property Location: Main Road, Southold, County tax Map No. 1000, Section 056, Block 04, 06, Lot 10.1, 11, 12.2, 3.2, 3.3, 4, 6.1. 8:50 p.m. Appl. No. 3842 - CRESCENT BEACH CONDOS. Variance to the Zoning Ordinance. Article XXVII, Section 100-271, as disapproved, for permission to enclose decks or patios of units to be enclosed with glass windows with insufficient setbacks. Property Location: End of Maple Lane, East Marion, in this Resort/Residential (RR) Zone District, County Map No. 1000, Section 38, Block 7, Lot 21 units. ~age 10 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of September 21, 1989 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 your presentation will be available, if needed. For more information, please call 765-1809. Dated September 1, 1989. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Doreen Ferwerda FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL · .W~j~x. ~,..~... z.~. z ~ / PL'EASE TAKE NOTICE that your application dated ~.. ~..~. ,19F~r. L ationofProperty fifi,_.se~.N.o.~.~. ......... ~.~.~...r~..~ County Vax Map No. 1000 Section . ~....~...:~.' .... Block . .~.../ ....... Lot .... 4(. / ..... Subdivision ................. Filed Map No ................. Lot No: ' is returned herewith and disapproved on the following grounds ............................... 17~'~.'iii').'?~7.'.'?,"~'i"~~ .. .............. . ....... ~.,~;" .... ..... ~...~,.~.~Z,'~ ............ ..... Building Inspector RV 1/80 Southold Town Board of Appenls MAIN ROAD- STATE ROAD 25 -c;OUTH0/O, L.I., N.Y. 11971 TELEPHONE {516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 347] "' Application Dated February 20, ]986 TO: Howard E. Pachman, Esq. as Attorney for NICHOLAS TSIRKAS 366 Veterans Memorial Highway Commack, NY 11725 [Appellant (s)] At a Meeting of the Zoning Board of Appeals held on June 25, 1986 the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [×] Request for Variance to the Zoning Ordinance Article XI, Section ]00-]]9.2(A)[]] [ ] Request for Application of NICHOLAS TSIRKAS for a Variance to the Zoning Ordinance, Article XI, Section lO0-llg.2(A)[1] for permission to construct single-family dwelling with an insufficient setback from edge of bank along the Long Island Sound. Location of Property: North Side of Sound Avenue, Greenport, NY; Eastern Shores Subdivision Map 4586, Lot 113; County Tax Map Parcel No. 1000-33-01-11. WHEREAS, public hearings were held on April 3, 1986, May l, 1986, and concluded on May 22, 1986, in the Matter of the Application of NICHOLAS TSIRKAS under Appeal No. 3471; and WHEREAS, the board members have personally viewed and are familiar with ~he premises in question, its present zoning, and the surrounding areas; End WHEREAS, at said hearing all those who desired to be heard were heard, and their testimony was recorded; and WHEREAS, the board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the board made the following findings of fact: 1. By this application, appellant requests a variance to the Zoning Ordinance, Article XI, Section 100-119.2, Subsection (A)[1] for permission to locate a new single-family dwelling with an insuffi- cient setback of not less than 37 feet from the top of the bluff or bank along the Long Island Sound, as shown by survey mapped March 12, 1986 by Roderick VanTuyl, P.C. The building area is proposed with a frontyard setback at 35 feet and minimum sideyards as provided by the Bulk Schedule of the Zoning Code. 2. The premises in question is located along the north side of Sound Drive, Greenport, and is identified as Lot No. 113, Map of Eastern Shores No. 4586, Section Four, and more particularly shown on the Suffolk County Tax Maps as District 1000, Section 33, Block 1, Lot ll. CONTINUED ON PAGE TWO) DATED: June 25, 1986. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN OF APPEALS ZONING BOARD Page 2 - Appeal No. 3471 Matter of NICHOLAS TSIRKAS Decision Rendered June 25, 1 986 3. The subject premises s vacant and consists of a total lot area of 25,250 sq. ft., lot width of 10~ feet, and total average depth of 261± feet. The shortest distance as scaled on the March 12, 1986 survey appears to be 123± feet from the southerly property line along Sound Drive to the top of the bank. 4. Submitted in support of this application are: (a) survey of existing dwellings in the immediate area along the north side of Sound Drive mapped March 12, 1986, showing varied setbacks from the top of bank with a zero setback (for deck construction), and with a 15±-foot setback varying to 60± feet; (b) copies of title closing statement, tax bills, deed, title search report; (c) topographical photograph of the area; (d) licensed real-estate broker's report; (e) individual surveys of other lots in the vicinity (along the north side of Sound Drive); (f) engineer's building site report, etc. 5. It is noted for the record that by a prior application under Appeal No. 3386, a variance to locate a new single-family dwelling of a size 47' by 67', more or less, at a distance of 35 feet from the edge of the bank, was denied without prejudice for the reasons set forth therein. 6. It is the opinion of this board that: ia) construction should be located as far back from the bank's edge as possible; (b) water runoff (including lawn sprinklers, etc.) be piped toward the south of the bank, not to drain over the bluff areas and to reduce saturation of the face of the bluff. In considering this appeal, the board also finds and determines that by locating new construction not closer than 50 feet to the top of bank: (a) the variance will be the minimal necessary and will not be substantial in relation to the zoning requirements; (b) there will be no substantial change in the character of the immediate area; (c) the circumstances are unique; (d) that the practical difficulties are sufficient to warrant the granting of a variance; (e) there is no other method feasible for appellant to pursue other than a variance; (f) that in view of the manner in which the difficulties arose and in considering all the above factors, the interests of jus- tice will best be served. Accordingly, on motion by Mr. Douglass, seconded by Mr. Goehringer, it was RESOLVED, that a Variance for permission to locate new single-family dwelling construction with an insufficient setback from the top of bank along the Long Island Sound, BE AND HEREBY IS APPROVED in the Matter of the Application of NICHOLAS TSIRKAS, Appeal No. 3471, SUBJECT TO THE FOLLOWING CONDITION: That no construction be located closer than 50 feet at nearest point from the top of the bank. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki, (Member Doyen,(Fishers Island) was absent.) This resolution was duly adopted. lk GOEHRINGER, C IRMAN July 2, 1986 Southold Town oard o£Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3386 Application Dated July 29, TO: Mr. Nicholas Tsirkas 35-04 208th Street Bayside, NY 11361 1985 [Appellant(s)] IX ] [ ] At a Meeting of the Zoning Board of Appeals held on 0ct0ber 3, ]985, the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section Request for Variance to the Zoning Ordinance Article XI, Section ]00-]]9.2(A)[]] Request for Application of NICHOLAS TSIRKAS, 3504 208th Street, Bayside, NY 11361, for a Variance to the Zoning Ordinance, Article XI, Section .1.O0-.llg.2(A)[1] for permission to locate proposed dwelling with an insufficient'setback from edge of the bank along the Long Island So.und. Location of Property: North Side of Sound Avenue, Greenport, NY; Eastern Shores Subdivision Map 4586, Lot ll3; County Tax Map Distr'ict lO00, Section 33, Block O1, Lot ll. WHEREAS, a public hearing was held and concluded on August 22, 1985 in the Matter of the Application of NICHOLAS TSIRKAS under Appeal No. 3386; and WHEREAS, familiar with the board members 5ave personally viewed and are the premises in question and the surrounding area; and WHEREAS, the board has considered all testimony and documentation submitted concerning this application; and it is noted for the record that there has been no public opposition; and WHEREAS, the board made the fo]lowing findings of fact: 1. By this application, appellant requests permission to locate a new single-family dwelling with attached rear deck with a setback from the edge of the bank along the Long Island Sound at 35 feet, from the southerly (front) property line along Sound Drive at 35 feet, from the westerly (side) property line at l0 feet, and from the easterly (side) property line at 15 feet. 2. The premises in question is identified on the Suffolk County Tax Maps as District 1000, Section 33, Block l, Lot ll, contains an area of 25,250 sq. ft. and lot width of 100 feet. 3. Article XI, Section 100-119.2, sub-paragraph A(1) requires all buildings proposed on lots adjacent to Long Island Sound to be set back not less than one-hundred (100) feet from the top of the bluff or bank. (CONTINUED ON PAGE TWO) DATED: Form ZB4 October lO, 1985. (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN OF APPEALS ZONING BOARD Page 2 - Appeal No. 3386 Matter of NICHOLAS TSIRKAS Decision Rendered October 3, 1985 4. The dwelling proposed by this application is of a size 47' deep by 67 feet wide, and as sketched on survey amended April 3, 1985 appears to meet all other zoning setback and other requirements of the code. Mr. for Sound in the Matter of the Application and hereby IS DENIED WITHOUT PREJUDICE. 5. The board agrees with the reasoning of the Suffolk County Soil and Water Conservation District and the U.S. Department of Agriculture, Soil Conservice Service Department, that by locating the dwelling 35 feet from the edge of the bluff, during heavy rains the soil will become saturated and this and additional weight may cause the face of the bluff to slide, endangering the dwelling, as well as any other structures. (See letters dated September 30, 1986). In considering this appeal, the board finds and determines: (a) that this proposed is not consistent with those generally exist- ing in the neighborhood since the existing dwellings are set back substantially farther from the bluff; (b) the relief requested is substantial in relation to this zoning requirement, being 65% of a variance; (c) that by allowin9 the variance as applied, there will be a substantial change in the character of the district since it would set a precedent; (d) that the safety of the occupants of the dwellingas proposed will be endangered; (e) that the interests of justice will not be served by allowing the variance as applied. Accordingly, on motion by Mr. Douglass, seconded by Grigonis, it was RESOLVED, that the relief requested under Appeal No. 3386 a setbac~ of 35 feet from the bluff area along the Long Island of NICHOLAS TSIRKAS, be Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen of Fishers Island was absent.) This resolution was adopted by unanimous vote of the members present. lk ING[~4~, CHAIRMAN October 10, 1985J - ORIENT NY 119~ '-~' .............. ==-T=_==' ''-...~ .................................................................................. -' ' - -- --- - - - -- . __ _ ~Z.-1-1Z.J LATHAM GEORGE R-JR ...................... PETE~ '~i~ ~Ao ~': ~ ............. ORIENT NY ........................................ . _ _ .._~=__~'~_~__~_~_____._~_.~_____~_~.=£~_::~_ __"~ :~_~. . __~ ................. -- _ $Z.-1-14.1 STRACHAN NARGARET L ORIENT NY ,=--2~=~ ........................................................................................... - __ _ _ _ _ _ __ _ _ ____ . __ _ .._ __ __ _ ._ ._ . ~.-1-5.1 ST[RLING EASTERN SHORES ~8~ ASSOCIATION INC ......... BOX 151 GREENPORT NY 119~ ................... _ _ ___ .._...._ ~.. ~._....; _ .~ ~ ~ ~.-~.~-,~ ~:~ ~: ~ ~. __ _ ~ _ ~-~ _ ~ _ ~ _ ~ .-_ _ _ ~ ~ ~ ~_ __'~::=~ =~_ _ . ~ ~'~ ~ ._ -~-~ ............ - _ . ~5.-1-4 RUSTIA MANUEL Y & WF 14 BLUE BIRD LANE HUNTINGTON N Y 11~45 ~=_T,======~ == ......................................................................................... J5.-1-) ROSENBERG WERNER & WF ................ ~'O~A S'~LL~ NEW YORK NY 1UUZ! 55.-1-b GROVER JEAN M PO BOX 698 4'~389 35UU SOUND DRIVE GREENPORT NY " 11Y4& ~5.-1-! STALEY GENEVIEVE ...... Z~[ANNs RD- STAMFORD CT U6¥UZ ..................... - --- -- - "--- ;:~=~ ~' ' = - -~-~; ~'= ' ---~ ==' - ~ -~-~"~ ~- -'- - - -- ~-'~-.-- - ;--;:-- -- ---- - - --~=-- L;~:---;~;;~,~; . _~; __ ~_~, _ ......... - 55.:~-~ GILLILAND MICHAEL S 161 WES[ ~TH ST NEW YORK NY ' 1UU19 55.-1-9 EHRENREICH MARTIN ~ WF SOUND DR ' ~ J GREENPORT NY 11Y~ ;:;;;£;;;;_;_ : ........................ WESTBURY NY 11290 ...................... . ; ~ - ~ =~ ___~_~£_. :~__~==;~= _~=__ £~- _ ........ ~ ;~.-1-14 MILONAS CHRISTOPHER ~ ORS ~9 1~ MANHASSET AVE MANHASSET NY 11USU =--: ....................................................................................................... HD R--80 DEPARTMENT OF PLANNING COUNTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE 360-5206 ARTHUR H. KUNZ DIRECTOR OF PLANNING November 6, 1989 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) iliot Paskoff cholas Tsirkas Charles & Carol Burst Henry Arbeeny 3853 3863 3865 3866 Very truly yours, Arthur H. Kunz Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner VETERANS MEMORIAL HIGHWAY HAUPPAUGE. L,I,, NEW YORK 11788 (516) 360-5192 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, ,JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZ[O, JR. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 ' SOUTHOLD, l.l., N.Y: 11g'71 TELEPHONE (516) 765-1809 Pursuant to Article X]II 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: XX Variance from the Zoning Code, ArticleXXIV, SectionlO0-244 Variance from Determination of South~ld Town Building Inspector Special Exception, Article , Section Special Permit Appeal No.: 3863 Applicant: Location of Affected County Tax Map Item No.: 1000- 33-01-11 Within 500 feet of: Town or Village Boundary Line of Water (Bay, Sound or Estuary) County Road, Parkway, Highway, Body State or X~ Nicholas Tsirkas Land: 2700 Sound Ave., Greenport, NY Thruway or Boundary of Existing or Boundary of Existing or Other Recreation Area Proposed County, State or Federally Owned Land Proposed County, State or Federal Park or 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, Within One Mile of a Nuclear Power Plant __ Within One Mile of An Airport. COMMENTS: dwelling Applicant is requesting permission to construct a one family with insufficient frontyard setback. Copies of Town file and related documents enclosed for your' review. Dated: November 2, 1989 APPEALS BOARD MEMBERS Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 FAX No. (516) 765-1823 GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. october 18, 1989 Mr. Nicholas Tsirkas 35-04 208th Street Bayside, NY 11361 Re: Appl. No. 3863 Nicholas Tsirkas (Variance) Dear Mr. Tsirkas: Transmitted for your records is a copy of the recent determination rendered by the Board of Appeals concerning your application. Please be sure to return to the Building Department and all other involved agencies for proper permits as may be necessary before commencing construction activities. A copy of this decision has simultaneously been transmitted to the Building Inspectors' Office for their files and update. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Doreen Ferwerda Enclosure Copy of Decision to: Building Inspectors' Office OF SUFFOLK STATE OF NEW YORK ss: 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 that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for ...................... /. · · . weeks successively, Commencing on the ....... /~/c~' . .~. Sworn to before me this ....... r'..,/..~..~'. ..... ............. ~,79..~.?. dayof Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC. State of New York No. 4806846 (}[~alified in Suffolk County Commission Expires ~/~ ,/,~,~ NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant (o Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regulm' Meeting, at the Southold Town Hall, Main Road, Southold, NY 11971, on THURSDAY, SEPTEMBER 21, 1989, at the following times: '/:30 p.m. Appl. No. 3861-- SOUTHOLD FREE LIBRARY. Variance to the Zoning Or- dinance, Article IX, Section 100-102, as Disapproved, (unn- conforming Bulk ama and park- lng requirements of the Hamlet Business District). ! Proposed constrUction will have insuffi2. cient total side yard setbacks. Property Location: 53705 Main Road, Southold; County Map No. 1000, Section 61, Block. 1, Lot 14. .. .'/:35 p.m. AppL No. 3859--' EMANUEL PIPERAKIS AND DIMITRIOS AGRIROPOU- LOUS. Variance to the Zoning Ordinance, Article XXIII, See- tion 100-239d (A) (1), as disap- proved, for permission to con- struct an inground pool with deck and fence, wi,thin 100 feet from Sound in this R-40 Zone District. Property Location: 3410 North Sea Drive, Orient; County Tax Map No. 1000, Seeh tion 15, Block I, Lot 3. ' -../:40 p.m. Appl. No. 3798-- ELIZABETH McCANCE. Var- iance to the Zoning Ordinance, Article I, Section 106=20 (Arti- cle Iil Section 100-31 as Disap- proved) for approval of insuffi- cient area in this pending divi- sion of lend of property, (R-80 Zone District.) Property Loca- tion: Mansion House Drive, Fishers Islend; County ~ Map District 1000, Section 06, Block ~t 3-5.1. p.m. Appl. No. 3863-- NICHOLAS TSIRKAS. Vari- ance to the Zoning Ordinance, Article XXIV, Section 100-244, as disapproved, for permission to construct a one family dwell- ing with en insufficient 40' frontyard setback in this R-40 Zone District. Property Loca- tion: 2700 Sound Avenue, Greenport, County Tax Map ~ District 1000, Section 033, Block 7:50 p.m. Appl. No. 3827-- EDWIN ,~i~SCHERE Vari- ance to t _l~bning Ordinance, · Article l, Section 106-20, (Arti- cle III, Section 100-31, as disap- proved), for approval of insuf- ficient areas in this pending sub- division (R-40 Zone District.) Property Location: 350 Wood Lane, Greenport, Section 043, Block.04, Lot 29-30-35. 7:55 p.m. Appl. No. 3864-- LOEPOLD STERN. Varience to the Zoning Ordinance, Arti- 'cie XXIII, Section 100-239d, B. (Article XXIV, Section 100-244, . as disapproved), for permission to constrUct a one family dwell- ing with an insufficient rearyard setback, approximately 75 feet from the bulkhead in this R-40 Zone District. Property Loca-' tion: 1390 Bayview Drive, East Marion, County Tax Map Dis- trict 1000, Section 37, Block 5, LOt 22. '8:00 p.m. AppL No. 3865-~ CHARLES AND CAROL BURST. Variance to the Zoning Ordinance, Article III A, Sec- tion 100-30 A.3, as disapproved, ' for permission to construct addition with insufficient side· and rearyard setbacks in this~~p R-40 Zone District. Property Location: 705 Windy Point Road, County 'Ihx Map District 1000, Section 87, Block 4, Lot 6. 8:05 p.m. Appl. No. 3866-- HENRY ARBEENY. Variance to the Zoning Ordinence, Arti- cle VIII, Section 100-82, as dis- approved, for approval of insufficient area in this pending subdivision, (Light Business Zoning District (LB), Property Location: Route 48, Kenny's Road, Southold, County Tax Map District 1000, Section 059, Block 07, Lot 31. ' 8:10 p.m. Appl. No. 3849~ CIPITELLI BROS REALTY. Variance to the Zoning Ordi- nance, Article XXIII, Section 100-239d, A (1), as disapproved, for permission to construct a one family dwelling with an in- sufficient setback and within 100 feet from Long Island Sound in this R-40 Zone District. Location of Property: 90 Petty's Drive, Orient, Coun- ty Tax Map No, 1000, Section 14, Block 2, Lot 24. 8:15 p.m. Appl. No. 3852-- RICHARD DiBLASL Variance to the Zoning Ordinence, Arti- cle [11, Section 100-30A3, as dis- approved, for permission to construct open deck in front yard,.nonconforming with bulk ama and parking regulations in this R-40 Zone District. Proper- ty Location: 360 Bayview Drive, East Marion, County Tax Map No. 1000, Section 037, Block 04, 8:20 p.m. Appt. No. 3852-- ELLIOT PASKOFF. ~nce to' the Zoning Ordinam~ll~rticle III A, Section 100-30A.3, (Ar- tide XXIII, Section 100-231 (A), as disapproved), for permission to construct en attached deck with insufficient side yard and accessory fence (trellis) in front yard at the height of more then required 4 feet. Lot area is non- conforming in this R-40 Zone District. Property Location: 205 North Sea Drive, Southold, NY, County ~ax Map No. 1000, Sec- tion 54, Block 4, LOt 4. 8:25 p.m. Appl. No. 3854--~'~ NANCY STEIN. Variance to the Zoning Ordinance, Article III, Section 100-119.2. (Article I, Section 97-12C, as disapproved'~ for permission to construct a deck addition within 75 feet of water or wetlands. Zoning Dis- trict R-40. Property Location: 2535 Cedar Lane, East Marion; County Tax Map No. 1000, Sec- tion 037, Block 04, Lot 10. ' ' 8:30 p.m. Appl. No. 3857-- MICHAEL TOFFALIS. Vari- ence to the Zoning Ordinance,/ Article XXIV, Section 100-244~ disapproved, for permission i to construct a deck addition, ' . · insufficient rear yard setback for nonconforming lot in an R-40 Zone District.. Property Loca- tion: 50 Captain Kidd Drive, Mattituck, County Tax Map No. 1000, Section 106, Block 03, Lot 028. 8:35 p.m. Appl. No. 3858-- BERNARD COSIMANO. Vari- ance to the Zoning Ordinence, Article XXIII, Section 100-239d, B. (Article XXIV, Section 100-244, as disapproved) for permission to construct a deck addition within 75 feet of bulkhead. Construction has insufficient total side yard set- ' backs in this R-40 Zone District. Property Location: Watersedge Way, Southold, County Tax Map No. 1000, Section 88, Block 5, LOt 63. 8:40 p.m. Appl. No. 3542-- CLIFFSIDE (TIDE MARK), Variance to the Zoning Or- dinance, Article V, Section 100-50B Special F. xception, (Ar- ticle XIII, as disapproved) for permission to construct 76 motel Units in this Resort/Residential (RR) Zone District. Property Location: 61475 County 48, Greenport, County 'Btx Map No. 1000, Section 045, Block 01, Lot 01. 8:45 p.m. Appl. No. 3770~ PORT OF EGYPT. Variance to the Zoning Ordinance, Article XII, Section 100-121C-122, (sec- tion 100-239D, as disapproved) for permission to construct Boat Storage Building with insuffi- cient setbacks end excessive lot coverage in this Marine Ii (M- Il) Zoning Oistrict. Property Location: Main Road, Southold, County Tax Map 1000 Section 056 Block 04, 06~, Lot 103, 11, 12.2, 3.2, 3.3, 4, 6.1. 8:50 p.m. Appl. No. 3842-- CRESCENT BEACH CON- DOS. Variance to the Zoning Ordinance. Article XXVII, Seo- ' tion 100-271, as disapproved, for permission to enclose decks or patios of units to be enclosed with glass windows with insuffi- cient setbacks. Property Loca- tion: End of Maple Lane, East Marion, in this Resort/Residen- rial (RR) Zone District, County Map No. 1000, Section 38, Block 7, Lot,21 units. 8:55 p.rd~ A~pi. No~'~Sgb- · DR. PAUL MITCHELL. Variance to. the Zoning Or- dinance, Article Ill A, Section ' 100-30A-3, as disapprOVed, for approval to construct a single family dwelling with insufficient front yard setback in this R-40 Zone District. Property ~ tion: 1015 Munn Lane, Orient, County Tax Map District 1000, Seetiqp 017. Block 02, Lot 08. 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. Additional tirue for your presentation will be available, if needed. For more information, please call 765-1809. Dated: September 1, 1989.- · BY ORDER OF THEr SOUTHOLD TOWN: ' BOARD OF APPEALS GERARD P. GOEHRINOER CHAIRMAN . "'' By Doreen Ferwerda ' IX, 9/14/89 (2~i Lot.3-5.i~ CHOLAS TSIRKAS. Variance to ihe Zoning Ordinance, Article s one flunily dwelling with an inmf- ficie~t 40' frontya~d setlxu:k in this R-40 Zone Disuicc Property LOts- pon. Comuy Tax Map Dis~ 1000, Block EDWI~ K~NSCHERF. Varianc~ to the Zoning Ordinance, Article I, Section 106-20, (Anidc I~ Section 100-31, as disapproved), for app~val ~ insufficient areas in this pending subdivision (R-40 Zone District.) Property Location: 350 Wood Lane, Greenport, Section 043, Block 04, I~ 2g-30-35. 7:55 p.m. Appl. No, 3864 -- LEOPOLD 5-t I~tN. V~'iance to the Zoning Ordinance, Article XX~I, Section 100-239d, B, (Article XXIV, Section 100-244, as disap- proved), for petmissinn to construct a one family dwelling with an insuf- ficient read/art setback, approxi- mately 75 feet from the bulkhead in this R-40 Zone District, Property Location: 1390 Bayview Drive, East Marion, County Tax Map District 1000, Section 37. Block 5, L~ 22. 8:00 p.m. Appl. No, 3865 -- CHARLES AND CAROL BURST. Variance to the Zoning Ordinnnce, Article I~ A, Section 100-30 A.3, as disapproved, for permission to stmct addition with insufficient side ind re~ryard seth~cks in this R-40 Zone District. property Location: 705 Windy Point Road, County T~x Map'District 1000. Section 87, Block 4, Lot 6. 8:05 p.m. AppL No. 3866 -- ItE~RY ARBEENY. Variance to thc Zoning Ordinance, Article VIII, Section 100-82, as disapproved, for approv~[ of insufficient area in this . pendin8 subdivision, (Light Busi- ness Zoning Disuict (LB), Ptope~/ Loc~tio~: Route 48, Kenny's Roed, Sonthuld, Cotmty Tax Map District I000, Section 059, Block 07, Lot 31. g:10 p.m. Appl. No. 3849 -- C~FFELL~ BROS. REALTY. Vail- cie ~ Section 100=239d, A (1), as dislpproved, for permission to construct · one family dwelling with a insufEciem sethlck md with- in 100 feet from Long ~sland Se~nd in this R-40 Zone District. Location of Property: 90 Petty's Drive, Ori- ent, County Tax Map No. 1000, Section 14, Block 2. LO~ 24. 8:15 p.m. AppL No. 3852 -- P~CHARD DiBLASL Variance to the Zoning Ordinance, Article IlL Section 100-30A3, as disapproved, for permission to construct open d~k in front yard, no~co~fotming with bulk u~ and pe&ing regula- tions in this R-40 Zone District. Property Location: 360 Bayview Drive, Easl Marion, County Tax Map No. 1000, Sect/on 037, Block 04, Lot 01. 8:20 p.m. Appl. No. 3852- EL- lIOT PASKOFF. Variance to the Zoning Ordinance, Article IH A. Section 100-30A.3. (A~icle XXHI, Section 100-231 (A), as disap- proved) for permission to cemuruct in attached deck with insufficient side yard and accessory fence (t~b lis) in front yard at the height of mot~ thin ~equired 4 feet Lot a~a is nonconforming in this R-40 Zone District· Property Location 205 North Sea Drive, Southold. NY. County Tm Map No. 1000, Section 54, Blo~ 4, Let 4. 8:25 p.m. Appl. No. 3854 -- NANCY STEIN. Variance to the ZO~..g Ordinance. A~icle lff. Se~- lion 100-119.2. (Anicin I, ~7-12C,~s disap~d) for ~ 75 f~t of wa~r ~ we~ds. Zoning District R-40. Property ~ation: 2535 Cedar ~nc. East, ~ 037, BI~ ~, ~ 10. ' 8:~0 p.m. AppL No. 3857 -- ~CHAEL ~A~. Vafim~ the Zoning Ordinance, Artinle XX~, S~fi~ 1~-2~. As disap- a deek addili~, insufficient ya~ ~e~ck for n~o~g ~ in a R-40 ~e District. Pm~ny ~fi~: 50 ~p~ Kidd ~ve, Mattituck, County T~x Map No. B~ C~O. Va~ to ~e ~ning Ordinance, cie XXIV, Section 100-244, dharma) f~ ~si~ ~ ~- of ~. C~ ~ ~- fieinnt to~l side yard setbacks · ~ R~ ~ne Dis~cc Pr~ny Loc~tion: Watersedge Way, $outhold, County Tax Map No, 8:40 p.m. Appl. No. 3542 C~SIDE ~E ~RK). Var- cie V, Section 100-50B Speciul 76 Mmfl U~s ~ ~s ~, County T~ Map No. 8:4~ p.m. Appl. No. 3770 ~RT ON ~G~. V~ce m ~e sion to construct Boat Storage Bu~d~g wi~ ~s~cimt Ma~e ~ ~-H) ~g Dis~ict. ~Property Location: Main Road, Southold, County Tax Map No. 1~, Secti~ 056, Block 04. ~, 8:50 p.m. AppL No. 3842 CRESCENT BEACH CONDOS. enclosed wi~ ~ass w~dows wi~ insufficient setbacks. Prope~y ~fi~: End of ~ple ~, Marion, ~ ~is Reso~esidential ~) Zone District, County Map 21 ~. ~n~g Ordinance, Article HI A, fam~y dwelling wi~ insuffieinnt District. Pr~ny ~ntion 1015 Munn Lane, Orient, County Tax Map District 1~0. Section 017, su~i~ pfi~ ~ ~e ~dusi~ of the subject hearing. Each hearing y~ p~s~m~ w~ ~ arable, if needed. For mo~ info~atinn. Da~ Se~r 1, 1989. BY ORD~ OF ~E ~O~ ~ BO~D OF APP~ ~A~ By ~ Fe~erda COUNTY OF SUFFOLl Patricia Heaney . of Mattituck, in ~ald County, being duly sworn, says that I~/sha Is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published et Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed Is a printed copY, has been regularly published in said Newspaper once each week for ~ weeks successively, commencing on the . 14th day of s~~9 sm Sworn to before:me thIs ?~/ -, day of.~ :~ N~ICK OF H~RINGS. NO~CE IS HEREBY GIV~t ~n~t to ~ 267 ~ ~e To~ ~w ~d ~e C~e of ~e Town of Sou~old. ~e following ~arings will b~ huld by the SOU~HOLD ~ BOA~ OF APP~ ~ a Reg~ar Meeting, at th~ou~old To~ HaH, Main Road, S~uld, NY 11971, on THURSDAY, SE~BE~ 21, 19~9, at ~e ful-' long ~:30 p.m. Appl. No. 3861 -- SOUTHOLD FREE LIBRARY. A~e ~, ~ ~-1~, as ~- approved, (nonconfo~ing Bulk ~ md ~ ~ui~ of~e. ~ct Bus.ess dis~c0 ~sed c~stmcti~ w~ have ~sufficimt t~al side yard setbacks, P~e~y Location: 53705 Main Road, Southold; County Tax Map No. 1~, Se~i~ 61, Bilk 1,~ 14, ~:35 p,m. AppL No, 3859 ~ EMANUEL PIPERAKIS AND D~OS AG~O~ULOUS. Vat.ce to ~e ~n~g O~ce, A~icle XXIII, Section 100-239d (A) (1), ~ d~ed, for ~is- sion ~ c~s~ct an ~g~d ~ol with deck and fence, wi~in feet f~ Sold ~ ~is R-40 ~e District. Pm~y ~cation: 3410 No~h Sea Drive, O~ent~ County Tax Map No. 1000. Section B~ 1.~3, ~ APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, .JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZiO, JR. Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 FAX NO. (516) 765-1823 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your 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. Please feel free to call our office prior to the hearing date if you have questions or wish to update your file. Yours very truly, CHAIRMAN df Enclosure 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 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 September TYPE II ACTION DECLARATION 2l, l'989 Appeal No. 3863 Project/Applicants: County Tax Map No. Location of Project: Nicholas Tsirkas 1000- 33-1-11 2700 Sound Avenue. Greenport, NY Relief Requested/Jurisdiction Before This Board in this Project: Construct dwelling with an insufficient frontyard setback at 35', as previously considered under prior Variance #3471. This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.$. 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 Type 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 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. tr JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1801 To: Southold Town Zoning Board of Appeals From: Judith T. Terry· Southold Town Clerk Dated: July 3, 1989 Transmitted herewith is Zoning Appeal NO. Nicholas Tsirkas 3863 · application of for a variance. Also included is: Notification to Adjacent Property Owners; Short Environmental Assessment Form; I~.tter relative to NYS Tidal Wetlands Land Use; Notice of~ Disapproval from the Building Department; survey of property; and any other attachments relative to this application. Judith T. Terry Southold Town Clerk ROOERIC VAN TUYL LICENSED LAND ~R V l~S GREEN~RT ' NEW YORK SOIL AND WATER CONSERVATION DISTRICT COUNTY OF SUFFOLK PATRICK ~. HALI~IN SUFFOLK COUNTY EXECUTIVE October 2, 1989 Mr. Gerard P. Goehringer, Chairman Southold Town Board of Appeals P.O.Box 1179 Southold, New York 11971 Dear Mr. Goehringer: Regarding your request for our assessment of Appeal Number 3863 - Nicholas Tskirkas (Variance), please be advised that a new site inspection was conducted on October 2, 1989. The bluff has not changed significantly since it was first inspected on September 26, 1985. There is still a knoll at the top of the bluff and the bluff face is very steep. However, currently there is adequate vegetative cover on all of the bluff. From the top of the bluff, the remaining lot slopes toward the south, away from the bluff. This precludes storm water surface runoff from flowing onto the bluff face which would greatly increase soil erosion and bluff recession rates. Vegetation on the lot consists of vines, low bushes, and decidious trees. Along the top of the bluff there are several trees. Vegetation which adds bulk weight such as trees, should not be located on top of steep slopes. I hope this information will be useful to you. If additional information is required, please contact our office. Sincerely yours, Soil District Technician APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZI0, JR. Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 FAX No. (516) 765-1823 August 23, 1989 i.k. Nicholas Tskirkas 35-04 208th Street Bayside, NY 11361 Re: Appl. No. 3863 - (Variance) Dear Mr. Tskirkas: This letter will acknowledge receipt of your application for a variance and confirm that the Board Members are individually conducting field inspections and reviews as may be required by state and local laws during the next couple of weeks concerning your application. In the interim, we ask that the outside corners of the proposed construction be flagged, if not already done so. The public hearing on.this application is expected to be held on or about September 21, 1989, at the Southold Town Hall, Main Road, Southold, and a copy of the notice of hearings as published in the Long Island Traveler-Watchman and the Suff.olk Times will be sent to you as confirmation (with the exact time)in the near future. We do sincerely thank you for your continued patience during this period of transition within our department. Yours very truly, dff GERARD P. GOEHRINGER CHAIRMAN 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 members? Second. (None). MR. GOEHRINGER: Hearing none, I'll make motion to reserve decision and make decision later. MR. DINIZIO: (All ayes). MR. GOEHRINGER: Thank you again. ~.- ~.~. NGE ext appeal is 3863. MR. GOEHRINGER: Copy of the survey most recent date is November 18, 1986 on behalf of 24 the surveyor, Roderick indicating a footprint approximately 30 by 46, from the lip of a Van Tuyl, P.C., of a dwelling approximately 50 feet the cliff. And approximately 35 feet from Sound Drive. I have a copy of the Suffolk County tax map indicating this and surrounding properties in the area. Is there somebody who would like to be heard? MR. TSIRKAS: Things now stand with a foot set back from the lip and 40 foot from the street, I end up with about 16 percent of the RAM COURT REPORTING SERVICE (516) 727-3168 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 lot to build on. within the community an attached garage. built on the bluff. I have a minimum requirement of 1,200 square-foot plus The house on the left is The house on the right is 19 feet back from the bluff. The effect, if I don't get the additional five feet is, I'm going to be way back from those houses and I'm going to end up building a long narrow house, totally out of the character with the houses that are there now. MR. GOEHRINGER: I know that you went before the trustees concerning this application that was concerning the rear yard. MR. TSIRKAS: Right. MR. GOEHRINGER: That was for leveling that particular area? MR. TSIRKAS: No, originally I had wanted 25 to build within 35 feet. Then you ruled in '86 it was 50. At that time I didn't build it. When I went back this summer to start filing I found out the rule had been changed earlier this year. MR. GOEHRINGER: So what rule was that? MR. TSIRKAS: The front yard going from 35 RAM COURT REPORTING SERVICE (516) 727-3168 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 to 40. MR. GOEHRINGER: I have no particular problem with it. We'll see if the Board does. We thank you. Nice seeing you again. We hope we can dispose of it at Anybody else like this application? (None). MR. GOEHRINGER: Anybody against the application? (None). MR. GOEHRINGER: members? (None). MR. GOEHRINGER: this particular point. to speak in favor of like to speak Questions from Board Motion to close hearing making motion to reserve decision until later. (All ayes). MR. GOEHRINGER: Thank you. The next appeal is number 3827. ~-~/~/ (Reading). MR. GOEHRINGER: Copy of a survey most recent date June 8, 1988, indicating three parcels in question and copy of Suffolk County tax map indicating this and surrounding 26 RAM COURT REPORTING SERVICE (516) 727-3168 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 27 properties in the area. Would you like to be heard? MS. ONGONI: I think the application itself is fairly straightforward. I would like to explain the circumstances of the merger problem. Mr. and Mrs. Kinscherf purchased these three separate parcels at separate times back in the 1950s. Parcel A, they purchased house presently occupied in 1952 in their joint names. In '59 they purchased B. Mr. Kinscherf purchased lot B. Mrs. Kinscherf purchased lot C. However at the time of Mrs. Kinscherf's in 1967, Mr. Kinscherf, as being her sole and inheriting the lots, the three He's now faced with the situation That one two houses on death beneficiary lots merged. of having a merger problem here. parcel collectively currently has it. The house which faces on Inlet Lane, which is occupied by Mr. Kinscherf and then there is house on lot 29, which is currently rented. Mr. Kinscherf would like to build a house for one of his six children on parcel C, lot 30. He is unable to do so because of the merger a RAM COURT REPORTING SERVICE (516) 727-3168 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 -21 22 23 24 25 problem. We are now making this request to split the lots in accordance with the original filed map Fordham Acres. MR. GOEHRINGER: Could I ask you again, C was purchased by Mrs. Kinscherf in what lot date? MS. ONGONI: Let me double check. MR. GOEHRINGER: I have the deeds I don't recollect. MS. ONGONI: That is right, lot C Kinscherf and lot B was Mr. Kinscherf. lot? 1959. was also but was Mrs. MR. GOEHRINGER: When did he purchase the MS. ONGONI: She purchased lot B May 22, MR. GOEHRINGER: That was lot B. Lot C purchased when? MS. ONGONI: C was purchased the same date Very good. They have 28 in 1959 by Mr. Kinscherf. MS. ONGONI: She died in '67 and he has been sitting for over 20 years with this merger problem.and he'd like to correct it for the records. MR. GOEHRINGER: RAM COURT REPORTING SERVICE (516) 727-3168 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 town water down there, right? MS. ONGONI: That is correct. MR. GOEHRINGER: I notice you have a proposed building envelope on lot C. Does that presently conform to the new zoning ordinance, do you know? MS. ONGONI: The MR. GOEHRINGER: MS. ONGONI: The So we'd also require a setbacks. MR. GOEHRINGER: advertised for that. on this. Anybody else this application? (None). structure itself? Well, the setback. setbacks do not conform. variance from the I don't know if we We'll see what we can do like to be heard on behalf of MR. GOEHRINGER: Anybody like to speak against the application? (None). MR. GOEHRINGER: Questions from Board members~ (None). MR. GEOHRINGER: If there are no further 29 RAM COURT REPORTING SERVICE (516) 727-3168 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 questions, I'll make a motion for closing hearing, reserving decision until later. 30 the At this time I make a motion to close the hearing and reserve decision. Ail in favor? (All ayes). MR. GOEHRINGER: The next appeal is number 3864.~-~F~T~f~/ (Reading). MR. GOEHRINGER: I have a copy of a survey again introduced by Roderick Van Tuyl, P.C., most recent date May 23, 1988. I have a copy of this indicating a proposed house approximately 28 feet from Bay View Drive. It's most closest point is 20 feet from Spring Pond. I have a copy of Suffolk County tax map indicating this and surrounding properties in the area. Somebody like to be heard concerning this application? MR. WIGGINS: Merle Wiggins, Peconic Association, for the applicant. The application has to do with the building of the house on the lot that is neither 75 feet from the bulkhead nor the 35 feet rear yard setback. The circumstances surrounding this RAM COURT REPORTING SERVICE (516) 727-3168 Mailing List of Notice of Hearings Southold Town Board of Appeals Regular Meeting of September 21, 1989 Copies to the following on or about September 9, 1989: Suffolk Times, Inc. (Personal Delivery) L.I. Travel-Watchman Town Clerk Bulletin Board (Main Lobby) ZBA Office Bulletin Board (East Hall) ZBA Board Members (with copies of files) ZBA Individual Files Mr. Thomas C. Samuels, as Agent for Southold Free Library 25235 Main Road, Cutchogue, NY. 11935 Southold Pools, as Agent for Piperakis and Argiropoulous P.O. Box 1412, Southold, NY. 11971 Mr. Richard Lark, Esq. for Elizabeth McCance, Main Road, P.O. Box 973, Cutchogue, NY. 11935 Mr. Nicholas Tskirkas, 35-04 208th Street, Bayside, NY. 11361 Ms. Marie Ongioni, Esq. for Edwin Kinscherf, 218 Front Street, Greenport, NY, 11944 Mr. Merlon Wiggins, Esq. for Leopold Stern, Jr. Peconic Associates, P.O. Box 672, Greenport, NY. 11944 Edson and Bruer, Attorneys at Law, Esq. for Charles and Carol Burst P.O. Box 1466, Southold, NY, 11971, Mr. Rudolph Bruer, Esq. for Henry Arbeeny, P.O. Box 1466, Southold, NY, 11971 Mr. Lawrence M. Feeley, for Cipitelli Bros. Realty, Ward Associates, 1500 Lakeland Avenue, Bohemia, NY 11716 Mr. Warren A. Sambach, Sr. for Richard DiBlasi, P.O. Box 1033, Cox Lane, Cutchogue, NY 11935 Mr. Charles R. Cuddy, Esq. for Elliot Paskoff, 180 Old Country Road, P.O. Box 1547, Riverhead, NY 11901 Mr. Kenneth Stein, 5 Witchwood Lane, Chappaqua, NY. 10514 Mr. and Mrs. Michael Toffalis 50 Captain Kidd Lane, Mattituck, NY 11952 Mr. Jim Delucca, for Bernard Cosimano 12 Linda Lane, Riverhead, NY 11901 Mr. Garret A. Strang, for Paul Mitchell P.O. Box 1412, Southold, NY 11971 Mr. Richard. T. Haefeli, Esq. for Cliffside (Tide Mark) 184 Main Street, P.O. Box 1112, Westhampton Beach, NY 11978 Mr. Merlon Wiggins, For Port of Egypt 1 Bootleg Alley, Greenport, NY, 11944 Mr. William D. Moore, Esq. for Crescent Beach Condo. Main Road, P.O Box 23, Mattituck, NY 11952 Mr. and Mrs. Domenico LoRe 21 Chatteua Drive, Box 24, Oakdale, NY 11769 Mr. and Mrs. Nick J. Cassimates 150 Captain Kidd Drive, Mattituck, NY 11952 Ms. Margeret Drape 160 Breakwater Drive, Mattituck, NY 11952 BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of : to the Board of Appeals of the lown of Southold : TO: to request a (Variance) (Special Exception) (Special Permit) NOTICE TO ADJACENT PROPERTY OWNER ~o~ 11~ YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the '[own of Southold (Other) [circle choice] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: /-g>7- //$ ~ t,94 C,q,O T 3. That the property which is the subject of such Petition is located in the following zoning district: ~ 700 -co u,u~ ~v'£~ ~¢ ~,~u,~z-,. N ~ 4. lhalb~suchPelitioo, lhe unde~signed will request the following ~elief: 3~' ~[r 5. Ihat the provisions of the Southold Town Zonin,, Code applicable to the relief sought by the under- signed are ~ticle - [ ] Section 280-~, New York lown Law for approval of access over right(s)-of-way. 6. I ha~ wilbin five day~ from lhe date hereof, a written Petition requesting the relief specified above will be filed m the Soutbold lown Clerk s Office al Main Road, Somhold, New York and you may then and there examine the same during regular office hou[s. (516} 765-1809. 7. Tha! before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice nf such bearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattltuck Watchman, newspapers published in the 'town of 5outhold and designated for the publication of such notices', that you or your representative have the right to appear and be heard at such hearing. Petitioner Owners' Names: ~ ~/~ Post Office Address Tel. [Copy of sketch or plan showing proposal purposes.] to be attached for convenience NAME ATTACH CERTIFIED MAIL RECEIPTS ADDRES__~S REGISTERED NO. POSTMARK OF ~ ~ Handling $ $ ~ ~ Charge R~eipt ~ ~ Postage $ ~/ Restricted Customer must declar Full value $ ~ ~ ~ $25,~0 Domesti~ Ins. Limit PS Form 3806, RECEIPT FOR REGISTERED MAIL I June 1986 (See InJbrn;atio, on Rererse} STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: ~,Y$46F~ ,~y 4'_/~ / ,heingdulysworn, deposes and sayg that on the 27 day of :;~c,~£ .... 19 '~ .... deponent mailed a true copy of the Nolice set forth on the re- verse side hereof, directed to each of Ibe above-named persnm at the addresses set opposite their respective names; that the addresses se! opp.sile the names of said persons are the addresses of said persons as shown on the current assessment roll of the 1own of F, omhold; that said Notices were mailed at the United States Post Of- fice at ~,~_.r..~t) )~ .. /U ~ ; that said Nolices were mailed to each of said persons by (certified) (registered) mail. 5worn to before me this day of ~,)~.~ ~ , 19 Notary Public MATT W1NKLER NotlIW Public. State of New Yod[ No. 03.4883337. Qualified in Bronx County Commission Expire8 Feb. 2. l~,.u (This side does not have to property owners.) be completed on form transmitted to adjoining BOARD OF APPEALS, TOWN OF SOUTHOLD : In the Matter or the Petition of : to the Board of Appeals of Iht Town of Southold : TO: to request a (Variance) (Special Exception) (Special Permit) (Other) NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1, Thai it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold [circle choice] 1. 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: £0~ 1/3 - b/,'~C,'~,'t]7'- 3. That the property which is the subject of such Petition is located in the following zoning district: 2 7o0 ~o~2,~ ;lv~. S£~,oP~,~ ~ /v Y 4. ]hal b% such Pelilion. lhe undersigned will request the following relief: ~ SF~ ~c~ $ That the provisions of the Southold Town Zonine Code applicable to the relief sought by the under- . ' · IZr ~ . ,o~ . 10;~. $ signed are Article :x_~rj Section ,ae - z.~ ~ [ ] Section 280-A, New York Town Law for approval of access over 6. 1hat within five days from the date hereof, a written Petition requesting the relief specified above will be filed in lhe 5oudmld Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Petitioner Post Office Address [Copy of sketch or plan purposes.] showing proposal to be attached for convenience ?_ROOF OF MAILIN(~ CI~OTICF ATTACH CERTIFIED MAIL RECEIPTS ADD____RESS REGISTERED NO. POSTMARK OF JunePS Forint9863806, RECEIPT FOR REGISTERED MAIL [OtStomer Copy) [See Ia for,ration o~ Reverse/ STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: ~YStbE , ~ /' Y~ ~ ,beinRdulysworn, deposesandsaysthatonthe Z7 day of ~E - , 19 ~ , deponen{ mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of lhe above-named persons at the addresses set opposite their respective names; that the addresses ~et opposite H~e oame~ of said person~ are the addresse~ of said persons as shown on the current assessment roll of the Town of Soulhold; that said Notices were mailed at the United States Post Of- rice ~t ~ X . ~ ~ ; Iha~ said Notices were mailed to each of said persons by (cerufied) (register~dj mail. Sworn to before me this Z-*?//q dayof ~.]/l ~ ~., ,19 Notary Public MATT WINKLER NotalY Public, State of New York No. 03-488:3337 Ouelfft~d in Bronx County ~, O~nml~lon F. Jq)iro~ F~b. ~. 1~'~ (This side does not have to be completed on form transmitted to adjoining property owners.) BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of : to the Board of Appeals of the Town of Southold : TO: to request a (Variance) (Special Exception) (Special Permit) NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold (Other) [circle choice] I., 2. That the property which is the subiect of the Petition is located adjacent to your property and is des- cribed as follows: /--~- //3 ~ t/~ C,~ ,O T 3. That the property which is the subiect of such Petition is located in the fo.l!owing zoning district: 4.~hatb~uchPelidon, lheunder~ignedwillreques~hefollowingrelief: 3~ ~ ~E~ OF $. That the pro.~io~ of the 5outhold Town Zonin~ Code applicable to the relief sought by the under- signed are A~ticle [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. l hat within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Sou/hold Town Clerk s Ofhce t 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 Board of Appeals; that a nolice 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: 6/27/~~ ~ _ ......... '~-. Petitioner Owners ' Names: Post Office Address /2,~y~'/Z>e, iV V 1{3~ I Tel. No. (71~) [Copy of sketch or purposes.] plan showing pr0p0sal to be 'attached for convenience .P__ROOF OF MAILING ~,~,,4011( t ATTACH CERTIFIED MAIL--RECEiPT.C; REGISTERED NO. POSTMARK OF /~ ~-f 3 '2o c '~ ~ ~' Delivery $ ~ ~ Handling $ $ O=' Charge _~ _. -R~trictedR~eip' ~ ~ Postage $ ~ Pelive,y $ Received by Customer must d~lar ~ With Post~'~d~ Post* Full value $ ~ ~ ~ Insurance al Insurance $25.~0 Domes~i~l~s. Limit PS Form 3806, RECEIPT FOR REGISTERED MAIL (Customer Cop)') June 1986 (See Informatio. on Rererse) STATE OF NEW YORK ) COUNTY OF SUFFOLK) ~y~t~ ~y //-~G /~? ,beingdulvsworn, deposes and says that on the 27 day of ~ , 19 _, deponenl mailed a true copy of lhe NoHce sol forth on the re- verse side hereof, direcled to each ~f I ~e above-named person~ al ~he addresses set opposite ~heir respective names; that the addresses set oppc~she lhe name~ of sa d persons are the addresse~ of said persons as shown on the current assessment roll nf the Town oF Southold; that said N~tice~ were mailed at the United States Post rice at ~ ~ ,, ~ y ; thal said Nolices were mailed to each of said persons by (certified) (registered) mail. Sworn to before me this day of J~ ~- , Notary Public MATT WINKCE.R. ~ Notant Public, State of NeW No. 03.4883337, OuMffied In Bronx County ~mI~ ~it~ ~. ~ 1~ (Tht$ stde does not have to be completed on form transmitted to adjoining property owners.) BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of to the Board of Appeals of the Town of Southold TO: £0. /3ox YOU ARE HEREBY GIVEN NOTICE: NOTICE TO ADJACENT PROPERTY OWNER 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (Special Exception) (Special Permit) (Other) [circle choice] I. 2. That the property which is the subject of the Petition is located adjacent to your property and is des. cribed as follows: ~07' //3- V'/~C/~/JT- 3. That the property which is the subject of such Petition is located in the following zoning district: 4. Thai h% such Petiliun, the undersigned will request the following relief: ~ 5FT $ Thai the provision~ of the Southold Town Zonine Code applicable to the relief sought by the under- . ' . .Z~ ,~ . ,oo. 3OR. 3 signed are Article i,~r~,.- Sec,-ton ,~,e - z.,v ~ [ ] Section 280-^, New York Town Law for appr0va] of access over right(s)-of-way. 6. ]hat within five day~ 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 Board of Appeals; that a notice of such I~earing 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, Petitioner Post Office Address Tel. No. [Copy of sketch or plan showing proposal to be attached for convenience purposes.] NAME PROOF OF MAILING OJ~TICE ATTACH CERTIFIED HJ~IL RECEIPTS ADDRESS REGISTERED NO. $_L _Oellvery $ Reg. Fee Handling Return Charge $ Receipt $ Postage $ Received by POSTMARK OF Full value $ JunePS Form 19863806, RECEIPT FOR REGISTERED MAIL (Customer Cop. v) [See hLtbtmation on Rere~se] STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss.: ~5'¢bE , ~Y /~ J G t _ ,bein~dulysworn, deposesandsaysthatonthe Z7 day of ~C , 19 ~ ? , deponenl mailed a true copy of the Nolice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Soulhold; that said Notices were mailed at ~he United Stat~ Post Of- rice at ~ , ~ ~ ; that said Nolices were mailed to each of said persons by (certified) (registered) mail. Sworn to before me this ~f-7t/ dayof t,~f/~ ~, ,. ,19 Notary Public MATT WINKLER ~ public, State ct New Yo~ No. O3.4883337 ~m~ ~ r~. -- transmitted to adjoining (This side does not have to be completed on form property owners.) BOARD OF APPEALS, TOWN OF SOUTHOLD .. In the Matter or the Petition of : to the Board of Appeals of the Town of Southold : TO: to request a (Variance) (Special Exception) (Special Permit) NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold (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: /--g) 7'- // 3 - ~/~4 C,~ ,O ?- 3. That the property which is the subiect of such Petition is located in the following zoning district: 4. That b~ such Pedtiun, the undersigned will request the following relief: 3K' $. That the prov~,sions of the Southold Town Zoning Code applicable to the relief sought by the under- . _,~L ,~ · cle signed are ~t~ [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6.1 hat within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published al 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. Petitioner Owners' Names: ~/c/Im: ~.~' Post Office Address yr/be, Y 113d I [Copy of sketch or plan showing proposal to be'a%'tached for convenience purposes.] NAME PROOF OF MAILING OF~OTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS ;~EGISTERED NO. POSTMARK OF Return Postage $ ~ Delivery :ustomer must d~ Full value $ ~ ~ ~ $25,000 Oomestlc IDs. Limit PS Form :~0~, RECEIPT FOR REGISTER June 1986 (See Information on Reverse} STATE OF NEW YORK ) COUNTY OF SUFFOLK) I~JtC~O4~q'S '~ri'~/c',~ , residing at $-C-0~/' 20'~-n, ~g~,Y~t6~,, 4/Y //.~. / , being duly sworn, deposes and says that on the 27 day of :~;,'~: ,19 ~ , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roil of the Town of Southold; that said Notices were mailed at the United States Post rice at ~_.c~.) y' ,. ~J ~ ; that said Nndces were mailed to each of said persons by (certified) (registered) mail. Sworn to before me this ~-7 h4 day of ~)*~v,~L. , 19:7¢ Notary Public MATT ~NINKLER Public, St _at_e_o.f.N~ew No. 03-4msaaa./_, (This side does not have to be completed on form transmitted to adjoining property owners,) BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter oT the Petition of : to the Board of Appeals of the Town of Southold : TO: to request a (Variance) (Special Exception) (Special Permit) (other) NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold [circle choice] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 3. That the property which is the subiecr of such Petitio..~_n is located in the following zoning district: 4. ]hat b% such Pelition, the undersigned will request the following relief: ~ 3F~ ~mC~ ~F ~o ~ $. That the provision.~ of the Southold Town ZoninR Code applicable to the relief sought by the under- Section% t~O - z ~ ~.1 ~ signed are ~cle ~ . ,aa - goR. 3 [ ] Section ~0-A, New York Town Law for approval of access ove~ r~ght(s)-of-way. 6.1hat within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southoid Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Petitioner Post Office Address Y. Tel. No. ~ ~le ) ~ ~- ~ ~ [Copy of sketch or plan showing proposal to be attached for Convenience purposes.] NAME PRO FOFMAI IN OFN~CE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS REGISTERED NO. POSTMARK OF .~.[ Handling Return '' Postage $ ~ Delivery ' ~ ~ R~elv~ by '- 7 June 1986 REGISTERED MAIL (CustomerCopy) [See lnforrnetion on Reverse} STATE OF NEW YORK ) COUNTY OF SUFFOLK) ss,: ~Y~tbE : ~ Y // ~ ~ I , being duly sworn, deposes and says that on the Z 7 day of ~E , 1 9 ~ ~ , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresse~ of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United Stat~ Post Of- rice at ~ r ~ ~ ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to before me this Z~"~ p~ day of 3/,(~n ¢ ,19 ~ ~ Notary Public MATT WINKLER Nota~/Public, State of New Yod[ .o. ~m~ ~r~ F~. ~ 1~ (This side does not have to be completed on form transmitted to adjoining property owners.) Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, .IR. JOSEPH H. SAWICKI JAMES DINIZlO, JR. September TYPE II ACTION DECLARATION 21, l'989 Appeal No. 3863 Project/Applicants: County Tax Map No. Location of Project: Nicholas Tsirkas 1000- 33-1~11 2700 Sound Avenue. Greenport, NY Relief Requested/Jurisdiction Before This Board in this Project: Construct dwelling with an insufficient frontyard setback at 35', as previously considered under prior Variance #3471. 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 Type 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 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. tr '-- - For UNLISTED ACTIONS Only '~'-PART I~PROJECT INFORMATION (To be comDleted by APplicant or Project s~oneor) ~0 ~O~h ~/ ~ la,,~..d~, etc.. or map) I$ PRO OSED ACTION: r-~ Expansion DESCRIBE PROJECT BRIEFLY: [~ Modi float Ion;alletat loft 617.21%. Appen($ix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM SEQR ?- AMOUNT OF LAND AFFECT D: ""~IYes~VU~ANC°T~QNHC~,P~LeYscWnlbT; briefly 9. WHAT B PRESENT LANO USE IN VICINiT.Y. OF PROJECT'~ DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL., [-~ Ye~ L.~ NO If yes, list agency(s) and permit/approvals. DOES ANY ASPE T OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL'~ [] Yes ~ If yes. list agency name and perm~t/aoptoval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMITIAPPROVAL REQUIRE MODIFICAT ON? I CERTIFY THAI' THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE ~ f the action is in the CoB ~ , ~ If the~ Co~re~area state agency complele the OVER 1 (Continued on reverse side) of this form, and an environmental revlew w~ll bQ mhUe by The N.y.S' Environmental Quality Review ACt reaulres submission before any action is taken, t~a ~oar~ S~ORT ENVIRONMENTAL ASSESSME.~;T FO~,! INSTRUCTIONS . (a) in order to answer the questions in this short EAF it is assumed that the preparer will use currently available informatlon COncerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered NO it is likely that the project is not significant. (d} Environmental Assessment 1. Will project result in a large Physical change to the project site or physically alter more than 10 acres of land? 2. Will there be a major change to any Unique or Unusual land form on the 3, WiIf-~6ject alter Or have a large effect on an existing body Of water? 4. Will project have a potentially large, impact on groundwater quality? 5. Will project significantly effect drainage flow on adjacent sites? 6. Will project affect any threatened or endangered plant or animal species? Yes 7. Will project result in a major adverse effect on air quality? 8. Will project have a major effect on visual char-" Yes ~No acter of the community or scenic views or vistas known to be important to the,.community? . .. Yes ~No 9. Will project adversel~ impact any site or Struct- ure of historic, pre-historic, or paleontological, importance or any site designated as a critical env~rcnmental area by a local agency? ._._Yes 10. Will project have a m~jor effect on existinq or future recreational opportunities? Yes il. Will project result in major traffic problems or cause a ma]or effect to existing transportation · systems? · Yes ~NO 12. Will project regularly cause objectionable odors, noise, glare, vibratlon, or electrical disturb- ance as a result of the project,s operation? ~¥es 13. Will project have any impact on public health or snooty? 14. Will project affect the existinq com~nunity by ~Yes directly causing a growth in permanent popula- period or have a major negative effect on the charact~r of the community or neighborhood? QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED ~TH YOUR APPLICATION FO~4S TO THE BOARD OF APPEALS Please complete, sign and-return to the Office of the Board of Appeals with your completed applf~ation forms. If "Yes" is answered to any questions below, please be sure to depict these areas on your survey (or certified sketch), to scale, and submit other supporting documenta- tion. 1. Are there any proposals to change or alter land contours? Yes ~ 2.a)Are there any areas which contsin wetland grasses? (Attached is a list of the wetland grasses defined by Town Code, Ch. 97 for your reference.) Are there any areas open to a waterway without bulkhead. \Yes/ b) Are there existing structures at or below ground level, such as patios, foundations, etc? ---- 4. Are there any existing or proposed fences, c~ncrete ~- barriers, decks, etc? If project is proposed for an accessory building or structure, i~ total height at more than 18 feet above average ground level? State total: ft. If project is proposed for principal building or structure, is total height at more than 35 feet above average ground level? State total: ~2 ' ft. Are there other premises under your ownership abuttin~ this parcel? If yes, please submit copy of deed. Are there any building permits pending on this parcel (or abutting land under your ownership, if any)? State Permit # and Nature: No Yes Yes Yes Yes Yes ~ Yes ~ Do state whether or not applications are pending concerning these premises before any other department or agency (State, Town, County, Village, etc.): Planning Board Town Board Town Trustees County Health Department Village of Greenport N.Y.S.D.E.C. Other Yes Yes Yes Yes Yes Yes Yes 10. Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale. (from c6ntract) Yes 11. Is new construction proposed in the area of contours at 5 feet or less as exists? 12. If new construction is proposed in an area within 75 feet of wetland grasses, or land area at an eleva- tion of five feet or less above mean sea level, have you made application to the Town Trustees for an inspection for possible waiver or permit under the requirements of Ch. 97 of the Town Code? ~££ /¢~.~ ~dY~ Yes No 13. Please list present use or operations conducted upon the subject property at this time ~¢~ ~OT- and proposed ~ (~1~ ~ ~W~ I~ Please submit photographs for the record. I certify that the above statements are true and are being submitted ~eliance~7~h~d~f Ap~als in considering my application. Signature (Property ~ner) (Au thorized Agent) for 1/88 WETLANDS [Amended 8-26-76 by L.L. No. 2-1976; 3-26- 85 by L.L. No. 6-1985]: A. TIDAL WETLANDS: (1) All lands generally covered or intermittently cov- ered with, or which bord,!r on, tidal waters, or lands lying beneath tidal waters, which at mean low tide are covered by tidal waters to a maximum depth of five (5) feet, including but not limited to banks, bogs, salt marsh, swamps, meadows, flats or other low lying lands subject to tidal action: (2) All banks, bogs, meadows, fiats and tidal marsh subject to such tides and upon which groxvs or may gro~v.some or any of the following: salt hay, black grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, groundsel, marshmallow and Iow march cordgrass; ami/or All land immediately adjacent to a tidal wetland as defined in Subsection Al2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a ti(Iai wetland. FRESHWATER WETLANDS: (1) "Freshwater wetlands" as defined in Article 24, Ti- tle 1, § 24-0107, Subdivisions 1(a) to l(d) inclusive, of the Environmental Conservation Law of the State of New York; and (2) All land immediately adjacent to ,t fresh~vater wet- lend," as defined in Subsection B(1) ami lying with- in seventy-five (75) feet landward of the most land- ward d " ~ ,, e ge ofa fresh~vator wetlann. 9705 QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED kITH YOUR APPLICATION FORMS TO THE BOARD OF APPEALS Please complete, sign and 'return to the Office of the Board of Appeals with your completed application forms. If "Yes" is answered to any questions below, please be sure to depict these areas on your survey (or certified sketch), to scale, and submit other supporting documenta- tion. 1. Are there any proposals to change or alter land contours? Yes 2.a)Are there any areas which contain wetland grasses? (Attached is a list of the wetland grasses defined by Town Code, Ch. 97 for your reference.) IYes I No b)Are there ~ny areas opgn to a w~erway without bulkhe~g? \Yes/ No 5. 6. 7. 8. b Are there existing structures at or below ground level, such as patios, foundations, etc? Yes Are there any existing or proposed fences, cDncrete barriers, decks, etc? Yes If project is proposed for an accessory building or structure, iS total height at more than 18 feet above average ground level? State total: ft. Yes If project is proposed for principal building or structure, is total height at more than 35 feet above average ground level? State total: ~2 ' ft. Yes Are there other premises under your ownership abuttin~ this parcel? If yes, please submit copy of deed. Yes N~ Are there any building permits pending on this parcel (or abutting land under your ownership, if any)? Yes State Permit ~ and Nature= 9. Do state whether or not applications are pending concerning these premises before any other department or agency (State, Town, County, Village, etc.): Planning Board Yes ~ Town Board Yes Town Trustees Yes County Health Department ~ Yes Village of Greenport Yes N.Y.S.D.E.C. . Yes Other Yes 10. Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers ~ and conditions of sale. (from contract) Yes 11. Is new construction proposed in the area of contours ,,~ at 5 feet or less as exists? '~i Yes 12. If new construction is propoSed'in an area withi~~' ' you made application to the Town Trustees for an I inspection for possible waiver or permit under the ~ requirements of Ch. 97 of the Town Code? ~F~ A~.Z ~F~) ~ No 13. Please list present use or operations conducted upon the subject property at this time ~¢~A/~' &O ~ and proposed ~M[ ~IA ~ ~;1~-~.~;~ Please submit photographs for the record. I certify that the above statements are true and are being submitted for ~eliance,~h~rd~f A~als in considering my application. Signature (Property Owner) (Authorized Agent) .NRY P. SMITH, Resident 3OHN M. BREDEMEYER, Vice-Pres. PHILLIP J. GOUBEAUD ALBERT KRUPSKI, JR. ELLEN M. LARSEN TELEPHONE (516) 765-1892 BOARD OF ]'OWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 August 29, 1986 Ms. Patricia C. Moore Edson & Bruer Attorneys At Law Main Road Southold, New York 11971 Re: Nicholas Tsirkas - Single Family Residence Dear Ms. Moore: The following action was taken by the Board of Trustees during their regular meeting held on August 28, 1986 regarding the above captioned matter. WHEREAS, Patricia C. Moore on behalf of Nicholas Tsirkas applied to the Southold Town Trustees for a Waiver of the Wetland Ordinance in accordance with Chapter 97, Article II, Section 97-22 for the construction of a single family residence on property located on the North side of Sound Avenue, Greenport, more particularly identified on the Suffolk County Tax Map as 1000-33-01-11, and WHEREAS the Trustees have personally viewed and are familiar with the subject property and the surrounding area, and WHEREAS, the Board has considered all the documentation submitted concering this request, and WHEREAS, the Board finds and detremines: 1. The project as proposed will not adversely affect the wetlands of the Town. 2. The project as proposed will not adversely affect the health, safety and general welfare of the people of the Town. NOW, THEREFORE BE IT RESOLVED that Patricia C. Moore on behalf of Nicholas Tsirkas BE AND HEREBY IS GRANTED A WAIVER of the Wetland Ordinance of the Town of Southold all in accordance with the plans and specifications submitted subject to the following provisions: Nicholas Tsirkas - Page 2. 1. Roof run off shall be discharged into dry well. 2. Parking areas within 75 ft. of the Wetlands shall be of porous construction. Blacktop shall not be used on this site. 3. Care is to be taken so as to preclude the entry of any construction material into adjacent waters. 4. Immediately following construction, all areas of exposed soil shall be properly vegetated to prevent entry of soil into nearby waters. HPS:ip cc: Building Dept. Board of Appeals Trustees file Very truly yours, Henry P. Smith, President Board of Town Trustees m 3471 old Town Board MAIN '(~IAO. II'ATE ROAD mOUTHOLD, L.I., N.Y. 11971 TELEPHONE 1516) 765 1~09 ~CTION OF THE ZONING BOARD OF ~p~T.~ Dated February 20, 1986 ".' Howard E. PachmAo, Esq. as Attorney NICHOLAS ~r~RKAS EL , - 366 ~eterans Memorial Highway' Commack, NY 11725 At a Meeting of the Zoning Board of ADnea~- ~eyoaubrOV. appe., was ~nsi&ered, ~ the at.on [ ] Reguest for Vari~ce Due , New ~ork T~ ~w. Section 280-a [ ] Re.est for S~cial Exception ~er , Sect~an EX ] Re~est for Vari~ce ~ticle X~, Sectio~ ' Application of NICHOLAS TSIRKAS for a ~ertance to the Zontn. Ordinance, Article Xl,~Section 1OO-ilg.2(A)[1] for, permission !~ construct stngle-famll~dwelllng with.an lnsef?~ '-;.'. ~ edge of bank along theban ~]ana. ~.?£FHorth Side.of Sound Atltla~a Map 4586, Lot 113; County Tax Map WHEREAS, public.hearings were ~eld oo A~rtl 3, 1986, and concluded on May 22, 1986, In the Hatter of tht. Ap~ of NICHOLAS TSIRKAS under Appeal No. 3471; and ' ' WHEREAS, the board members have personaliy Viewed familiar with-the premises in question, its present Zoning, .~-~;. .. - .~-.. ~ .~'~' WHEREAS. at said.hearing all thos~ w ' "' ho.desired to ~ heard 'r~":" were heard, and their :eSttmonx was recorded;led . ~. -'.-~ . WHEREAS, the bol~ hms carefu~lx '-and documentation submitted concerning this'application; and _ . WHEREAS, the board made the following findings of fact:' 1. By this application, appellant requests a variance to the Zoning Ordinance, Article XI, Section 100-1t9.2. Subsection (A)[1.J~ )h ta:loca~m new single-family dwelling with an ,setback of not;l(l~ than 37 feet from the top of the bluff.ar~ ann the Long Z~ha Sound, es shown by survex mapped March..l~ Roeerick VanT~P.C. The building area ts proposed with back ~ feet and minimum stdeyards as provided..j ~lwe, Greenpl~:,, and ts identified as Lot No. 113, Map Shore~ No. (SB~ectton Four, and more parttcularl~ shown Count~Maps as District 1000, 'Section 33, ~uffolk Block ~ ~P~ · -?i' 8ectston'Hendered aS. 1986 . · :;~:-~=~:~:~,-" ' 1986 survey appears to be 123t feet fro~ the Southerl~ property line .-..' ..~ .~*' along Sound Drive to the top of the bangw~ t~, :... ..:.~ .: ..= 4. Submitted tn support of this application are: (a) surve~ of extsttng dwelltngs tn the tmmedtate area &long the north stde of Sound Drtve mapped Harch 12, 1986, showing varied setbacks from the top of bank with a zero setback (for deck ¢OeBtructtonJ, and wtth o 1St-foot setback varying to 60~ feet; (b):coptes of title closing statement, tax bills, deed, title search report; {c) topographical , photograph of the area; (d) licensed reel-estate broker's report; (e).lndtvtdual surveys of other lots tn the vicinity (along the . .. north slde of Soupd D~tve);' (f) engineer's'building stte report,.. etc. ' · $. Zt Is noted for the record that by a prior application under Appeal No. 3386, a variance to locate a new single-family dwelling of · size 47' by 67', more or less, at a distance of 35 · feet from the edge of the bank, was dented without prejudice for the reasons set forth thereto. 6~ 1t ts the opinion of thts board that: tn) construction should be located as far back from the bank'S edge es possible; (bi water runoff (Including lawn sprinklers, etc.) be ptpe.~l toward the south of the bank, not to dratn over the.b]uff areas and to reduce saturation of the face of the bluff. In considering this appeal, the board also finds and determines that bx locating new construction not closer than 50 feet to the top of bank: (a) the variance will be the mtntmal necessarx and will not be substantial tn relation to the zontng RESOLVED, that · Variance for permfss~on to locate new slngle-famtl~ dwelling construction with an Insufficient setback from the top of bank along the Long Island Sound; _ BE AND HEREBY IS APPROVED In the Hatter of the Application of NICHOLAS TSIRKAS, Appe&l No 3471~ SUBJECT TO THE FOLLOk~ING - ,.~,~-" · .. . That no construct,o~ be l ocated.closer.t~n ~ feet at ............ -:..: nearest point from the top of the bank. Vote of the Board: A~es: ~essrs. ~hrlnger, Grtgonls. ~: Douglass and Sawtcet;- (Nember Do~en,(Ftshers Island) was absent.) · This resolutlon ~as ~u]~ adopted. . , . 0uly 2. 1986 , ~~~:- ~ · .: Accordingly, on ~otton by Hr. Dougl~s~, seconded by Hr. $oehrtnger, tt was' 'requirements; (b) there wtll be no substantial change Jn the ~haracter of the Immediate area; (c) the circumstances are unique; (d) that the practical difficulties ere sufficient to warrant the granting of a variance; (e) there ts no other ": method feasible for appellant to pursue other'than a variance; (fJ that In view of the manner tn whtch the'difficulties arose and tn considering a~l the above factors, the' Interests of jus- tice wtll best be served. 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 RDAD- STATE RDAD 25 5DUTHE]LD, L.I., N.Y. TELEPHONE (516) 765-1809 TO: FROM: DATE: SUBJECT: James A. $chondebare, Town Attorney Office of the Board of Appeals March 3, 1989 ZBA Review and Approval #3471 - Nicholas Tsirkas Mr. Nicholas Tsirkas was in contact with us today indicating that he would like to know whether or not he may obtain a Building Permit for the construction of a new dwelling in accordance with the plan approved by the Board of Appeals under Appeal No. 3471 rendered June 25, 1986 (copies attached). The nonconforming premises is now located in the R-40 Zone District, and the regulations for this nonconforming lot area of 25,250+- square feet was increased for the front yard from 35 feet to 40 feet. The Board of Appeals also heard an appeal previous to this application, with extensive testimony concerning the limited buildable area due to the erosion of the bluff, under Appeal No. 3386, which was denied without prejudice on October 3, 1985. (Please also see evaluation report prepared by the Suffolk County Soil and Water Conservation District concerning setbacks within 100 feet of the bluff.) As you are aware, the provisions of 100-119.2 concerning the Sound bluff setbacks were not included in the recently-adopted Master Plan Amendments. ~ Based upon both appeal records and the circumstances of the property, it would not appear to be within the best interests of 55.97 TOWN CLERK TOWS OF sou'rnoL, - ~luffolk County, New York 516- 76S-180~ N.0 31647' ~ o~ ~~ T~ ~u~th T. Ter~, Tow~ Clerk