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HomeMy WebLinkAbout3857 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 ACTION OF THE BOARD OF APPEALS Appl. No. 3857 Matter of 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. WHEREAS, a public hearing was held and concluded on September 21, 1989 in the matter of the Application of MICHAEL TOFFALIS, under Appeal No. 3857; 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 Captain Kidd Drive, Town of Mattituck, and is identified on the Suffolk County Tax Maps as District 1000, Section 106, Block 03, Lot 028. 2. This is an application for Variances from the Zoning Code Article XXIV, Section 100-244,for permission to construct a deck addition with insufficient rear yard setback for nonconforming lot. Page 2 - Appl. No. 3857 Matter of MICHAEL TOFFALIS Decision rendered October 4, 1989 3. Article XXIV, Section 100-244, 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 the changes of title to said lot, which abstract shall be in the usual form, shall be certified by an attorney or a company regularly doing such work in Suffolk County or by a corporation duly 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. Such lot shall be granted relief for front side and rear yard dimensions as follow. 4. The subject premises is 9669+- sq. feet, from the dwelling it is 10+- feet from the north property line, 35.1+- feet from the west property line, 10.5+- feet from the east property line and 44.5+- feet from the south property line. 5. 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 deck in any other location on the premises will require other variance relief; (c) that the area chosen for the deck is not unreasonably located; (d) that the variance will not in turn cause a substantial effect on the safety, health, welfare, comfort, convenience and/or order of the Town; (e) 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 Page 3 - Appl. No. 3857 Matter of MICHAEL TOFFALIS Decision rendered October 4, 1989 RESOLVED, to GRANT a Variance in the matter of the application of MICHAEL TOFFALIS as applied under Appeal No. SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the deck does not exceed 10 ft. by 12 ft. in location applied for and not to exceed 8'+- above existing cement slab. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Sawicki and Dinizio. This resolution was duly adopted. df ERARD P. GOEHRING~ CHAIRMAN 3857 RECEIVED AND FILED BY THE SOUTH©LD TOWN C~qlf Town Clerk, Town of Southold APPEALS BOARD MEMBERS GERARD P. GOEHRIRGER, CHAIRMAN CHARLES GR~GONtS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI 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 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. Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of September 21, 1989 7:45 p.m. Appl. No. 3863 - NICHOLAS TSIRKAS. Variance to the Zoning Ordinance, Article XXIV, Section 100-244, as disapproved, for permission to construct a one family dwelling with 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 STEP=N. 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. Page 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 Ba!rview 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. i 8 3 A 1 N 3 : 0 p.m. pp . o. 857 - MICHAEL TOFFALIS. Variance he Zoning Ordinance, Article XXIV, Section 100-244. As isapproved, 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, Page 8 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of September 21, 1989 8:35 p.m. Appl. No. 3858 - BERNARD COSIMANO. Variance to the Zoning Ordinance, 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 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 MARK). Variance to the Zoning Ordinance, Article V, Section 100-50B Special Exception, construct District. County Tax Map No. (Article XIII, as disapproved) for permission to 76 Motel Units in this Resort/ Residential {RR) Zone Property Location: 61475 County 48, Greenport, 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 X3~VII, 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 PLEASE TAKE NOTICE that your application dated . ~ ~ ¥ 2.5" 19 .~' for permit to ~..0 t,,/ 5T~o cT ~1( LocationofProperty ~0 C~T~t~ N3~..~t~.,. ~.t.~.~ h3ds$ ~o~ ................ Street ' .......... County Tax Map No. 1000 Section ... [.~.~. ' Block .... ~.~ ....... Lot . .O.~. ~ ...... Subdivision ................. Filed Map No ................. Lot No.. ~ is returned herewith and disapproved on the following grounds..O ~ ~.~.~.. k ~TJ ~.~Y.,.~ ~.. !~P.: ~ ~ ~ .5. ~ 9.~. ~ .~. ~ ~ ~.~,. . .~ .C ~.-. ., .,.~.~.> ~ F . .~ g.~. Building Ins~ctor ....... RV 1/80 Rt~I~EIV£D /.~',,~o,,,~ TOWN OF SOUTHOLD, NEW YORK JUN05 '1 89 APPEAL FROM DECISION OF BUILDING INSPECTOR Sm:ttmkl Tow~ ~lerk DATE ..... ~ TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1,........ o, I~ame of Appell6n~' Street rind Number / .\ ....... /~.~..~...~./....j,~..~...~... ........... /~...'..~ ........................................................ 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 o, r.,.:... Street an~ Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( ) ~'treet /Hamlet / Use District on Zoning Map District 1000 SectionlLg~BlockO3Lot /.9'~,,,',~,.o,~. n,,,,..:,,. /"~/'.-, .......................................................... ;~.....~ .............................. ,,,r, v,,~ >~ ~ ~ ! ~'~ Mop No./~)~)O I~O~ Lo N .~]~ Prior Owner. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article ~L/Section I~D -~dr~L 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ( L,P,~A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Lows Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal (has) (~hos not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for o variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL A Variance to Section 280A Subsection A Variance to the Zoning Ordinance 1=orm ZB1 ,~ (Continue on other side) REASON FOR APPEAL Continued ~ 3 ~ ! ~ 0 ~ ff I. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneCes- sary HARDSHIP because I~lal0 ewoT bledt~e~. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE ~.ARA~TER O~ THE O,S~R,O' ~.ouse. 7'I ~ ~. ~,b" ~L; ,~ .~,/.__ / ~.~ ~ COUNTY OF ~(jFJI::~j-j~ ) Signature Sworn to this .......... ~ ........................ day of .......... ..~...q,...q.C_ ............................. 19~'1. UNDAJ. ~New ~ Tm, m E~plrse [m~mm~ "' · o '~ OWNER / o~'. 3 :.~'pi TOWN FORMER OWNER RES. on, lOSEAS. ~ LAND IMP. Farm Tillable OF $OUTHOLD PROPERTY, RECORD 'CARD NORMAL Acre STREET' S TOTAL ~00 E W DISTRICT SUB. ACREAGE · ~,.,,.~ TYPE OF BUILDING FARM DATE COMM. REMARKS LOT /~ / IND. CB. 1 MISC· //~/ ~'~ ~ ~,o 6 BUILDING Value Per Acre Value Tillable 2 Tillable 3 Woodland ,r Swamp;,~nd. 'B~i~nd / - ,. .] · , Porch Affic ' Porch R~ms 1st Flor Dreezeway Patio R~ms 2nd Flor r Lo/ 160 Lot 162 CAPTAIN SUFFOLK COUNTY HEALTH DEPARTMENT ,-~, SI~IGLE FAMILY DWELLING ONLY' REF. NO.' r~ 2'-~-/c/ - ~ AUG 2~ ~a~ - / / SEWAG~ DISPOSAL AND WATE~ SUPPLY FACILITIES FOR 3,ATION HAVE BE~N IHSPECT~D BY THIS DEPArTmENT AND TO D~ SATISFACtOrY. 134.55' N.86°OO'30"W. ~ ~ ~ 90.50' / KIDDDRIVE / /, / / Ci;ief of Wa§tewater Management Section ,~,t. PARTM£NT-DATA FOR APPROVAL TO CONSTRUCT SURVEY FOR MICHAEL TOFFALIS LOT NO, 161,"CAPTAIN KIDD ESTATES" AT MATTITUCK TO~fN O~ f~U'I'HOLD 81 CALATIA TOFFALI$ SUFFOLK C,OUNTY, NEW YORK TH( ~[lilON FDA WHOM THE SURVEY isL~ANEO JUL' dUN MAR FEB, dAN DATE: JAN. SCALE: 1'=5~ NO. 86'1' ~I1~1S ;] YOUNG ,YOUNG 400 OSTRAh --'-------------- ~ RIVERHEAO. MONUMENT /~ = STAKE: APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONiS, JR. SERGE DOYEN, JR. JOSEPH H. SAWtCK{ 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) 76.5-1809 FAX NO. (516) 765-1823 June 22, 1989 Mr. and Mrs. Michael Toffalis 50 Captain Kidd Drive Mattituck, NY 11952 Re: Appl. No. 3857 (Variance for Deck) Dear Mr. and Mrs. Toffalis: 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. Please also furnish two recent (original) photographs of the flagged area (between the existing house and the westerly property line) for the file. The public hearing on this application is expected to .be held about the last Thursday in July 1989 (alternatively the following Thursday, August 3rd if the Meeting Hall is not available on the earlier date) 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 Suffolk Times will be sent to you as confirmation (with the exact time) in the near future. Also, we are enclosing a copy of a letter from your immediate neighbor, Mr. Nick J. Cassimatis, for your update. Please feel free to call or stop by for updates of your file. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN Enclosure By Linda Kowalski APPEALS BOARD MEMBERS GERARD P. GOEHRtNGER, CHAIRMAN CHARLES GRtGONIS, 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 October 18, 1989 Mr. and Mrs. Michael Toffalis 50 Captain Kidd Drive Mattituck, NY 11952 Re: Appl. No. 3857 - Michael Toffalis (Variance) Dear Mr. Toffalis: 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 Mr. & Mrs. Nick Cassimatis 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 $OUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 FAX NO. (516) 765-1823 June 23, 1989 Mr. and Mrs. Nick J. Cassimatis 150 Cpt. Kidd Drive Mattituck, NY 11952 Re: Appl. No. 3857 - Michael Toffalis Dear Mr. and Mrs. Cassimatis: This letter will acknowledge receipt of both your letters concerning the above pending application for a proposed deck. Both letters have been made a part of the file, and a copy of Mrs. Cassimatis' letter is enclosed since you may not have had an opportunity become aware of its contents, or to make a copy for yourself earlier. We have researched our record and the Building Department file for the Toffalis' newly constructed house. Although a variance application was applied for during 1987 for a setback of 27.2 feet from your property line for the proposed house, the variance at that time was not processed since the Toffalis' later modified their building permit application to comply with the 35-ft. setback from that property line. The Toffalis application under Appeal No. 3857 is the sole variance request being processed at this time concerning this property. The public hearing on this matter is expected to be held during July 1989 (alternatively the following Thursday, August 3rd) at the Southold Town Hall, Main Road, Southold. Please feel free to contact us if you wish to address further concerns, either through our office or during the hearing, or to check on the time and date of the public hearing, and be assured that everyone will be given an opportunity to Page 2 - June 23, 1989 To= Mr. and Mrs. Nick J. Cassimatic Re: Appl. No. 3857 - Michael Toffalis be heard, verbally or in writing, for all pending applications before the Board. We did try to reach you by telephone, but the operator was not able to furnish your Mattituck number. Yours very truly, GERA~DP. GOEHRINGER CHAIRMAN By Linda Kowalski Nick J. Cassimatis 150 Capt. Kidd Dr. Matti~uck, NY 11592 The Board of Appeals Town of Southhold Main Road Southhold, N.Y. 11971 June 8, 1989 Re: Petition for variance by Mr. & Mrs. Toffalis Gentlemen: With regard to the petition for a variance by Mr. & Mrs. Toffalis of 50 Capt. Kidd Dr. Mattituck, NY, 11952, to expand their existing deck to a large 12'X10' deck, I most certainly object and I request that such variance is denied. They have already obtained a variance to build a larger house than the codes allow and to build such a large deck a full one story above ground will violate the building codes and encroach on our privacy. The diagram submitted with their application also mis-states the distance from the house to the property line. This distance is much less than the 35.1' shown due to the variance granded them preciously. They have also mis-stated their verbal request to us via my father-in-law stating that they intended to extend their existing deck by only a couple of feet. I would also like to object to what is becoming a pattern of variance requests by the Toffalises first to built a large two story house and now a large deck on top of an already built concrete porch. Their constant requests for variances demonstrate their intent to bend or circumvent the building codes to suit their purposes. What will their next request be? To turn the house into two family rental? Why would two retired people require such a large two-story house with two large decks? I think that a house should be build to suit the size of the land and in accordance with the building codes. It seems that Mr. & Mrs. Toffalis are intend to violate or circumvent the building codes of this town a piece at the time. I strongly object to their tactics and I demand that the building codes are strictly adhered to and their request for another variance is denied. In any event I would like to be notified of your decision in writing. Nick J. Cassimatis 24-11 24th Ave L.I.C. NY, 11102 The Board of Appeals Town of Southhold Main Road, State Rd. 25 P.O. Box 1179 Southhold, N.Y. 11971 July 11, 1989 Attn: Miss Linda Kowalski Re: Appl. No. 3857- Michael Toffalis Dear Miss Kowa~ski,~ Following up on our phone conversation of last week I was in Mattituck over the weekend and I had the opportunity to verify the distance between Mr. Taffalis's house and the property line. He does indeed have 35 feet and as you stated in your letter of June 23, 1989 a variance was not required. However, I am still opposed to any variance regarding the proposed deck. If he must build a deck it should comply with the building code and he should maintain the required distance to the property line. Phone: Bus.(718) 403-2614 H/E (516) 298-4459 0829C/27 f Lot 160 Lot 162 CAPTAIN · N.86o00'50,, --______ --------- __~ 90.50' / KIDD DRIVE / SUFFOLK COUNTY HEALTH DEPARTMENT :~ x, SINGLE FAMILY DWELLING ONLY \ ) SEWAGE DISPOSAL AND WATER SuppLy FACILITIES FOR T'r~.L'.; 3ATION HAVE BEEN iNSPECTED BY THiS DEPARTMENT AND JND TO BE SATISFACTORY. / / Chief of Wa~tewater Management Section /// 3£PARTM£NT-OATA FOR aPPROVAL TO COt4$TRUC T TOWN O~ ~t,U'I'HOLD SUFFOLK C,OUNTY, NEW YORK I SURVEY FOR ' dUL' JUNI MICHAEL TOFFALIS P' CALATIA TOFFALIS MA. LOT NO. 161, "CAPTAIN KIDD ESTATES" FEB dAN. AT MATTITUCK OAT£: JAN. SCALE: I"= 3, NO. 86-1. BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter OT the Petition of : to the Board of Appeals of the Town of Southold : TO: 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 to request a ~) (Special Exception) (Special Permit) (Other) [cir¢].e ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribedas follows: ~O ~o'~. J~;e[~ -.~r': IJz~ 3. That the property which is the subject of such Petition is located in the following zoning district: 4. That b', such Petition, the undersigned will request the following relief: 5. That the provisions of the Southold Town Zonin.~g Code applicable to the relief sought by the under- signed are Article ~.~.\~J Sect/on C)O a~L~ ~ [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above 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 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 Owners ' Names: Post Office Address Tel. No. ( [Copy df sketch or plan showing proposal to be attached for convenience purposes.] Nick J. Cassimatis 150 Capt. Kidd Dr. Mattituck, NY 11592 The Board of Appeals Town of Southhold Main Road Southhold, N.Y. 11971 June 8, 1989 Re: Petition for variance by Mr. & Mrs. Toffalis Gentlemen: With regard to the petition for a variance by Mr. & Mrs. Toffalis of 50 Capt. Kidd Dr. Mattituck, NY, 11952, to expand their existing deck to a large 12'X10' deck, I most certainly object and I request that such variance is denied. They have already obtained a variance to build a larger house than the codes allow and to build such a large deck a full one story above ground will violate the building codes and encroach on our privacy. The diagram submitted with their application also mis-states the distance from the house to the property line. This distance is much less than the 35.1' shown due to the variance granded them preciously. They have also mis-stated their verbal request to us via my father-in-law stating that they intended to extend their existing deck by only a couple of feet. I would also like to object to what is becoming a pattern of variance requests by the Toffalises first to built a large two story house and now a large deck on top of an already built concrete porch. Their constant requests for variances demonstrate their intent to bend or circumvent the building codes to suit their purposes. What will their next request be? To turn the house into two family rental? Why would two retired people require such a large two-story house with two large decks? I think that a house should be build to suit the size of the land and in accordance with the building codes. It seems that Mr.& Mrs. Toffalis are intend to violate or circumvent the building codes of this town a piece at the time. I strongly object to their tactics and I demand that the building codes are strictly adhered to and their request for another variance is denied. In any event I would like to be notified of your decision in writing. ~ct f~our~//~ ososc/57 BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of : to the Board of Appeals of the Town of Southold : TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of tire undersigned to petition the Board of Appeals of the Town of Southold to request a ~) (Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribedasfollows:..5'O ~p'f- .4~..I~ .--~r:l;~j 3. That the property which is the subject of such Petition is located in the following zoning district: 4. That h~ such Pt'tition, tile undersigned will request the following relief: 5. That tile provisions of the Southold Town Zonin~g Code al~plicable to the relief sought by the under- signed are Article ¥.~.%~J Section ~>O o~ ~ [ ] 5ectJo, 280-A, New York Town Law fo~ appmoval of access ovem ~Jght(s)-of-wa3. 6, Thai within five days from the date hereof, a written Peti6on requesting the relief specified above will be filed in ~he Somhold Town Clerk's Office a~ Main Road, 5outhold, New York and you may ~hen and ~here examine ~he 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 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-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: ~.T~ r~P--- -~--'), Petitioner Owners ' Hames: Post Office Address [Copy 6f sketch or plan showing proposal to be attached for convenience purposes.] 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 MR. MR. to be heard on (None). MR. GOEHRINGER: against the application? STEIN: Thank you. GOEHRINGER: Anybody else would like behalf of the application? Anybody like to speak (None). MR. GOEHRINGER: Questions for Board members? No further questions, motion to close hearing reserving decision until later. MR. SAWICKI: Second. MR. GOEHRINGER: All in favor? (Ayes). MR. GOEHRINGER: Next appeal Michael Toffalis is number 3857. (Reading). in behalf of MR. GOEHRINGER: What is the square footage? At this particular time, a, I believe, ten by of this application, yard plus really the particular application? in behalf? we are reflecting twelve deck is the nature which appears to be side 67 rear yard in this Would you like to speak 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 68 THE WITNESS: Yes, I would, Mr. Chairman. Mr. Toffalis, at the time, he is away in Europe. He did ask me, as a favor, if I could come over and speak for him. Any questions you have you may address to me. I am familiar with the situation. I would like to answer them to you. Now, as far as my own personal opinion of this, I live in the area, he has one of the nicest homes in the area. There is no objection from either side of the neighbors. What he wants to do is to enhance and improve the appearance of his property and in general the neighborhood rather than what he has done at present. The present deck he has--I wouldn't call it a deck. It's more like a fire exit. As you see it's extremely small, something like two and a half to three feet by four feet. And it's completely -- he only wants to put a couple of chairs out and a table, maybe, and get a few evening breezes. Nobody has any objection to that. MR. GOEHRINGER: There's an existing cement patio there now, is there not? THE WITNESS: This is on top of that. 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 69 high MR. GOEHRINGER: Do you have any idea how it would be elevated? THE WITNESS: No more than eight feet. MR. GOEHRINGER: Strictly opened? MR. the house. THE MR. speak THE WITNESS: Strictly opened. GOEHRINGER: Attached to that side of WITNESS: Thanks. GOEHRINGER: Anybody else like to in favor of this application? MR. MARKAKIS: Mr. Markakis of Southold. I happen to be President of the Hellenic American Association. Mr. Toffalis is a member, so are the neighbors. I'm very familiar with the area. I have been there very often. I'm involved deeply with the Greek Church. I try to help them solve their problems through the local authorities such as insufficient lighting during the night or flood in areas. I like to offer my humble opinion, in this case. From what I have seen it's a beautiful house. -It's unfortunate Mr. Toffalis had to be, for family reasons, in Cyprus and couldn't be here to night. It's a beautiful site. 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 2O 21 22 23 24 25 70 neighbor to the left of the house has a sizable deck to the back of the property. This proposed extension does not obstruct any view, because I went to the neighbor next door, Mr. Plessis. I went to the back to Mr. Masskudis' property, and tried to see if there would be any obstruction by reason this piece of deck. Personally, I couldn't see any my opinion that it's really only the place but the also. obstruction. It is going to beautify not immediate environment Thank you. MR. GOEHRINGER: Anybody else (Show MR. MR. My father upon here the Town the request It was also there like to speak of hands). Thank you, sir. in favor or against? GOEHRINGER: TOFFALIS: requested myself in addition who represent Hall this Thank you, sir. My name is Chris Toffalis. this variance. I took it to these nice gentlemen might be a my father, I had contacted morning just to confirm that would be submitted today and it was. given to me the information that problem by one 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 2O 21 22 23 24 25 neighbors, the request of the actual deck. Now, I was in support of building this house for my father. He had purchased the property back itself is approximately a The house on that was a very gentlemen did say, the house father takes great pride addition to that a small deck to be built. Small in the early '60s. The property acre. As the My in his home, in area requested for a deck put on the actual floor where the kitchen is located. They are an elderly couple. To go downstairs to the actual yard at present is not a problem. I don't think that is an issue. But as they get older, I think it would be nice for them to have something they can go from their kitchen and go outside and relax and have a cup quarter of an small home. is pretty. of coffee. As the gentlemen both expressed there would be no obstruction whatsoever. He requested that in the past. I believe there was a denial by one of the neighbors again. My father had stopped that request back in early 1987. We are resubmitting one more time. I 71 RAM COURT REPORTING SERVICE (516) 727-3168 72 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 think hopefully we'll get past it this time. Thank you. Anybody else would like to speak for or against? MR. TOFFALIS: May I add something I forgot to mention before? The neighbors on MR. GOEHRINGER: either side of him, they received a letter which they both approved this extension. I in omitted to say this before. MR. GOEHRINGER: Thank you again. Hearing no further comment, I make a motion closing the hearing reserving the decision until later. MR. DINIZIO: I would like to know who Nicholas Cyprus is? MR. GOEHRINGER: Is Nicholas Cyprus in the audience? MR. DINIZIO: I see a letter here. Does anybody have any idea? MR. MARKAKIS: I know Mr. Cyprus. He's a summer resident. I saw him and discussed the matter with him. He has no objection at this time.. I'don't think he could be here because he works in the city. MR. GOEHRINGER: Again hearing no further 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 he submitted the papers. So he started construction of the deck. He was told to stop, he did stop. I submitted the papers on his behalf. The size of the deck is about 450 square feet. He has no patio or other structures in the rear yard. To the west of him, I believe, there's an association beach that would be on the right-hand side of his property. To the left there's a single family residence. I didn't hear any objections from He would just like to That is the only, as I said structure in the rear yard. for lawn furniture. the neighbor. complete the deck. before, the only He wants to use it MR. GOEHRINGER: The only thing the deck is missing now is railing, is that correct? MR. DELUCA: Railing and steps, that's about it. MR. GOEHRINGER: Anybody else like to application? (None). MR. GOEHRINGER: Thank you Mr. Deluca. speak in favor of this Against the application? 74 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 comments, make a motion to reserve decision until later. MR. SAWICKI: Second. MR. GOEHRINGER: All in favor? (Ayes). MR. GOEHRINGR: The next application to be heard is number 3858. (Reading). Copy of a survey from Roderick Van Tuyl, P.C., dated February 10th, 1964. In that area we have a penciled-in deck of approximately -- 73 not seen Half of the house approximately 54 Somebody application? MR. DELUCA: here representing here, approximately 30 feet in length. in the rear yard area and feet from the bulkhead. like to be heard concerning this My name is Jim DeLuca. I'm Mr. Cosimano in this matter. Basically, we have obtained D.E.C. approval to construct this deck. We had submitted the prints, but he received the final permit. In before he received it, he thought okay, but he received a rejection Mr. Cosimano started the deck before the meantime everything was letter after RAM COURT REPORTING SERVICE (516) 727-3168 Southold Town Board of Appeals MAIN RnAD- STATE RnAD 25 E~rlUTH{3LD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. TYPE II September S.E.0..R.A. ACTION DECLARATION 21, 1989 Appeal No. 3857 Project/Applicants: County Tax Map No. Location of Project: Michael Toffalis 1000- 106-3-28 50 Captain Kidd Drive, Mattituck, NY Relief Requested/Jurisdiction Before This Board in this Project: Construct deck with insufficient rearyard setback. 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, $outhold, NY 11971 at (516) 765-1809. tr 7'40 p.m. Appl. No. 3798 -- ELIZABETH McCANCE. Varimce to thc Ze~ing Ordinance, Article I, S~ction 106-20 (Article III Section 100-31 as Disapproved) for pending division of land ~ proper- ty, (R-gO Zone District.) Property Location: Mansion House Drive, Fishers Island; County Tax Map District 1000, Section 06, Block 05, Lot-3-5.1, 7:45 p.m. Appl. No. 3863 -- NI- CHOLAS TSIRKAS. Variance to the Zoning Ordinance, Article XXIV, Seutinn 100-244, as disap- proved, for p~nnission to comtma a one f~rally dwelling with an insuf. ficient 40' f~tyard setbeck in this R-40 Zone District. Property Loon- don 2700 Sound Avenue, Gre~n- pon, County T~ Map Dist~t'1000, Secti~m 033, Block 01, Lot 11. 7:50 p.m. Appl. No. 3827 -- EDWIN KINSCHERF. Variance to the Zoning Ordinance, Article I, Section 106-20, (A~icle HI. Section 100-31. as disapproved), for approval c~ insufficient ama· in this pending subdivision (R-40 Zone District.) Property Location: 350 Wood Lane. Greenport, Section 043. Block 04, L~ 29-30-35. 7:55 p.m. Appl. No. 3864 LEOPOLD STER~. Variance to the -- Zoning Ordinance, Article XXIH, Section I00-239d, B. (Article XXIV, Section 100-244, as disap- proved), for permission to construct a one family dwellin~ with an imuf- ficlant teary·rd setback, approxi- m~.ly 75 feet from the Imlkbead in this R-40 Zone District. property Loc~don: 1390 Bayview Dtvc, East Marion, County T~t Map District 1000, Section 37. Block 5. Lo~ 22. g:00 p.m. Appl. No. 3865 -- CHARLES AND CAROL BURST. Variance to the Zoning O~dinance, Article BI A. Section 100-30 A.3, as disapproved, for penni·sion to c~- · tract additio~ with insufficient side ~d re·fy·rd sethack~ in this R-40 Zone District. property Location: 705 Windy Point Road, County Tax Map-District 1000, Section 87, Block 4, Lot 6. 8:05 p.m. Appl. No. 3866 -- HI~Ry ARBEENY. Variance to Zoning Ordinance, Article VIII. Section 100-82, as disapproved, for approval of insufficient ar~a in this · pending subdivision, (Light Busi- ness Zoning District (LB), Pro~rty Location: Route 48, Kenny's Road. Seuthold, County Tax Map District 1000, Sec6on 059, Block 07, Lo~ 31. 8:10 p.m. AppL No. 3849 --* CIPITELI T BROS. REALTY. Vari- ance to thc Zoning O~inance. A~i- cie XXIII, S~ti0n 100-239d, A (1), as disapproved, for penni·sion to construct a one family dwelling with a insufficient setEack md with- in 100 feet from Long Island Seared in this R-40 Zone District. Locatic~ of Property: 90 PoUy's Drive, Off- cat, County Tax Map No. 1000, Seution 14, Block 2, Lut 24. 8:15 p.m. AppL No. 3852 -- RICHARD DiBLASI. Variance to the Zoning Ordinance, Article HI, Section 100-30A3, as disapproved. for pcrmission to construct open d~ck in front yard, nonconforming with bulk area and perking regula- tions in this R-40 Zone District. Property Location: 360 Bayview Drive, East Marion, County Tax Map No. 1000. Section 037, Block 04, Lut 01. g:20 p.m. AppL No. 3852 -- LIOT PASKOFF. Variance to the Zoning Ordinance, Article III A~ Section 100-30A.3, (Article XXHI, Section 100-231 (A), as disap- proved) for perrnissi~m to construct an attached d~ck with insufficient side yard ~nd accessory fence lis) in front yard at thc height of mom than required 4 feet. Lot area i~ nc~conforming 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. 8:25 p.m. AppL No. 3854 -- NANCY STEIN. Variance to the Z~.g O~dinance. Article I~. SeC- lion 100-119.2. (~le I Sectinv 97-12~.~ disa~) for permis sion to constroct~"dcck edditiou within 75 feet of wamr or wetlands. Zoning District R-40. Property Lo~ation: 2535 Cedar Lane, East Marion; County Tax Map No. tOO0, Sedion 037~ Block 04. Let 10. _ ?----g:30 p.m. Appl. No. 3857 -- MICHAEL TOFFALIS. Variance to the Zoning Ordinance, Article XX1V, S~ction 100-244. As disap- proved, for permission to construct · deck addition, insufficient rear y·sd setback for nonconforming lot in a R-40 Zone District. Property Location: 50 Captain Kidd Drive, Mattituck, County Tax Map No. I000, Section 106, Block 03, Lut 028. '-" ~No. 3858 BERNARD COSIMANO. Variance to the Zoning Ordinance. Article XX~I. Section 100-239d, B. cie XXIV, Section 100-244, ss disal~.~oved) for permission to con- struct a deck eddition withi~ 75 fee~ of bulkhead. Construction has imuf- ficient total side yard setbacks in this R-40 Zone District. Protmrty Location: Watersedge Way, Southold, County Tax Map No. 1000, Section $$. Block 5, Lut 63. 8:40 p.m. Appl. No. 3542 CLIFFSIDE (TIDE MARK). Vari- ance to'the Z~ming Ordinance, A~i- cie V, Section 100-50B Special Exception. (Article XI~, as disap- proved) for permission to ce·street 76 Motel Units in this Re·on/Re,i- den6al (RR) Zone Disttct. Property Lo.lion: 614/5 County 48, port, County Tax Map No. 1000, Section 045, Block 01. I~ 01. 8:45 p.m, AppL No. 3770 -- PORT OF EGYPT. Variance to the Zoning Ordinance, Article Xl~ Sec- tkm 100-121C - 122, (Section 100- 239D, as disapproved) for permis- sion to construct Boat Storage Building.with insufficient ~etbacks and excessive lot coverage in this Marine H (M-II) Zoning District. ~Property Location: Main Road, Southold, County Tax Map No. 1000, Section 056, Block 04, 06, Lot I0.1, 11, 12.2,3.2,3.3,4,6.1. 8:50 p.m. Appl. No. 3842 -- CRESCENT BEACH CONDOS. Varianc~ to the Zoning Ordinance, Article XXVH. Section 100-271. as disapproved, for permission to eh- clog decks or Imi0~ of mits to be enclosed with glass windows with insufficient setbacks. Property Location: End of Maple Lane, East Marion, in this Resort/Residential (PR) Zone District, County Map No. 1000, Section 38, Block 7. Lot 21 units. 8:55 p.m. AppL No. 3860 -- DR. PAUL 'M1TCI~t T Valance to the Zoning Ordinance, Article HI 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 Location 1015 Munn Lane, Orient, County Tax Map District 1000. Section 017, Block 02, Lm 08. The Board of Appeals will ~t s~id time and place hear any and all per- sons or representatives desiring to he heard in each of the above mat- ter~. Written comments may al~o be submined prior to the conclusion of the subject hearing. Each hearing year 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 R GOEHRI~GER CHAIRMAN By Doreen Fenverda }SS: COUNTY OF SUFFOL of MattRuck, in pat r lc_ia H e ane~y~ - ~ld County, being duly sworn, says that h~/sha Is Principal Clerk of THE SUFFOLK TIMES, · Weekly Newspaper, publIshed at Mattltuck, 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, bas been regularly published in said Newspaper once each week for _~ weeks successively, commencing on the _ 14%h . day of Se_~p_kD2~be r _19-8-9- Prlncip~Clerk - ' befor ~lCK OF H~iNGS. NO~CE IS H~EBY G~, Sou~old. ~e foUowmg ~nngs will be held by ~e SOU~HOLD ~ BO~OF ~p~a Regffiar Meeting, at ~ou~old To~ H~, M~n R~, S~old, NY 11971, on THURSDAY, SE~B~ 21, 1989, ~ ~e fol-' lo~g ~:30 p.m, Appl. No. 3861 ~ SOUTHOLD FREE LIBRARY. V~ to ~e ~g O~an~, Affide ~, ~ 1~1~ ~ ~- approved, (nonconfoming Bulk Ha~ut Bus.ess d~c0 ~sed Location: 53705 Main Road, Southold; County Tax Map 7:35 p.m. Appl. No. 3859 ~ EMANUEL PIPERAKIS AND D~OS AG~O~U~US. Vafi~ce to ~e ~n~g O~ce, Article XXIII, Section 100-239d (A) (1), ~s d~a~v~, for with deck and fence, wi~in !~ feet f~ S~d ~ ~is R~ ~e Distdut. Pm~y ~cation: 3410 No~ Sea Drive, Ofiont; Co~W Tax Map No. 1000, Section 15, COUNTY 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 ....... /.~..~... '.. ] .... Sworn to before me this ..... ./, .~..Z~.. day of ............. ~, ]9 Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, State of New York No. 4806846 (~t~alified in Suffolk County, ,, Commission Expires ~/3 /9 NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant io 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, Sonthuld, 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 Or- dinance, Article IX, Section 100-102, as Disapproved, (non- conforming Bulk area and park- ing requirements of the Hamlet Business District).~ Proposed construction will have insuffi-'. cient total side yard setbacks. Property Location: 53705 Main Road, Southold; County Map No. 1000, Section 61, BlockI 1, Lot 14. 7:35 p.m. Appl. No. 3859--' EMANUEL PIPERAKIS AND DIMITRIOS AGRIROPOU- LOUS. Variance to the Zoning Ordinance, Article XXIII, Sec- tion 100-239d (A) (1), as disap- proved, for permission to con- struct an ingroand 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, Sec~x~ tion 15, Block 1, Lot 3. ' 7:40 p.m. AppL No. 3798-- ELIZABETH McCANCE. Var- iance to the Zoning Ordinance, Article I, Section 106-20 (Arti- cle II1 Section 100-31 as Disap- proved) for approval of insuffi- cient area in this pending divi- sion of land of property, (R-80 Zone District.) Property Loca- tion: Mansion House Drive, Fishers Island; County Tax Map District 1000, Section 06, Block 05, Lot 3-5.1. 7:45 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 an 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 01, Lot n. 7:50~1~m. Appl. No. 3827-- ED~KINSCHERE Vari- ance t'gP~e Zoning Ordinance, . Article I, Section 106-20, (Arti- cle llI, Section 100-31, as disap- proved), for approval of insuf- ficient areas in this pending sub- division {R40 Zone District.) Property Location: 350 Wood Lane, Greenport, Section 043, Block04, Lot 29-30-35. 7:55 p.m. Appl. No. 3864-- LOEPOLD STERN. Variance to the Zoning Ordinance, Arti- cle 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 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 thisllP R-40 Zone District. Property Location: 705 Windy Point Road, County Tax Map District 1000, Section 87, Block 4, Lot 6. 8:05 p.m. Appl. No. 3866-- HENRY ARBEENY. Variance to the Zoning Ordinance, 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 100-239{1, 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 DiBLASI. Variance to the Zoning Ordinance, Arti- cle III, Section 100-30A3, as dis- approved, for permission to construct open deck in front yard, nonconforming With bulk area 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, Lot 01. 8:20 p.m. Appl. No. 3852-- ELLIOT PASKOtariance to' the Zoning OrdiI~e, Article III A, Section 100-30A.3, (Ar- ticle 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 non- conforming in this R-40 Zone District. Property Location: 205 North Sea Drive, Sonthuld, NY, County Tax 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 1, Section 97-12C, as disapproved} for permission to construct a deck addition within 75 feet of water or wetlands. Zoning Dis- trier R-40. Property Location: 2535 Cedar Lane, East Marion; . County Tax Map No. 1000, Sec- ~037, Block 04, Lot 10. 30 p.m. Appl. No. 3857-- MICHAEL TOFFALIS. Vari- ance to the Zoning Ordinance, Article XXIV, Section 100-24410 As disapproved, for permission 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 lhx Map No. 1000, Section 106, Block 03, Lot 028. ""-~.'35 p.m. Appl. No. 3858-- BERNARD COSIMANO. Vari- ance to the Zoning Ordinance, 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 RMO Zone District. Property Location: Watersedge Way, Sonthold, 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 Exception, (Ar- ticle XIII, as disapproved) for permission to construct 76 motel Units in this Resort/Resideatial (RR) Zone District. Property Location: 61475 County 48, Greenport, County 'Pax Map No. 1000, Section 045, Block 01, Lot 01. 8:45 p.m. Appi. 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- ciant setbacks and excessive lot ' coverage in this Marine II (M- II) Zoning District. Property Location: Main Road, Southold, County 21ut Map No. or 1000, Section 056, Block 04, ~ LOt 10.1, 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 Ordinanc~ Article XXVII, ~ ' fion 100-271, as disapproved, for permission to enclose decks or patios of units to be enclosed with gla~ windows with insuffi- cient setbacks. Property Loca- tion: End of Maple Lane, East Marion, in this R~sort/Residen- tial (RR) Zone District, County Map No. 1000, Section Block 7, Lot,21 units. 8:55 p~m: Appl. No:' 3860: DR. PAUL MITCHELL. Variance to, the Zoning Or- dinance, Article III A, Section I00-30A-3, as disapproved, for approval to construct a single family dwelling with insufficient front yard setback in this R-40 Zone. District. Property Loc. ~- tlon: 1015 Munn Lane, Orient, County Tax Map District 1000, Section 017. Block 02, LOt 08. The Board of Appeals will at said time and place hear any and ail persons or representatives desiring to be heard in each of- the above matters. Written coul- ments may also be submitted prior to the conclusion of tl~ subject hearing. Additional time for 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 : IX, 9/14/89 (25i~l APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES D[NIZIO, 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 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, .IR. SERGE DOYEN, .IR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. Mr. and Mrs. Michael Toffalis 50 Captain Kidd Drive Mattituck, NY 11952 August 23, 1989 Re: Appl. No. 3857 - Michael Toffalis (Variance) Dear Mr. and Mrs. Toffalis: This letter will acknowledge receipt of your application for a variance and confirm that the Board Members are individually conducting field inspections and review 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 Suffolk 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 ver. y t_rul/f, , CHAIRMA/~ dff ~il~ng 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 $outhold 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, $outhold, 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 JUDITH T. TERRY TOWN CLERK To: OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Southold Town Zoning Board of Appeals Town Hall, 53095 Main Road P.O. Box 117 9 Southold, New York 11971 TELEPHONE (516) 765-1801 From: Judith T. Terry, Southold Town Clerk Dated: June 5, 1989 Transmitted herewith is Zoning Appeal No. 3857 , application of Mr and Mrs Michael Toffales for a variance. Also included is: Notification to Adjacent Property Owners; Short Environmental Assessment Form letter 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 qnl ffhnld Tnwn 617.21 ~ Appendix State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSI~IENT FORIVI For UNLISTED ACTIONS Only PART I~PROJECT INFORMATION (To be coml~leted by Applicant or Project sponsor) ~CANT/SPONSOR , / \ ~ ~ -"- I , ~ECT NAME ~ ~ew ~ Exeanslofl ~ Mod~ficatlonlalteratlon SEQR ?. AMOUNT OF LAND AFFECTED; [] Yes ~-No It No, (~escribe brielly g. WHAT IS PRESENT L.ANO USE IN VICINITY OF PROJECT? [] Park/Forest/Open Space [] Other DOES ACTION INVOLVE A PERMIT APPROVAL. OR FUNOING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEOERAL, STATE OR LOCAL)? ~'Ye$ [] NO |t yes. llst agency(s) and permillapprova~s 11. 0DES ANY ASPECT CF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? t2, AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REOUIRE MODIFICAT ON? I CERTIFY THAT THE iNFORMATION PROVIOED ABOVE IS TRUE TO THE 8EST OF MY KNOWLEDGE I~I~l t-~e_e_action is in the Coastal Area. and you are a state a~~,.,, the Coastal Assessment Form before proceedmg with this assessm;nt OVER 1 (Continued on reverse side) The N.y.s' Environmental Quality Review Act reGulres before any action is taken, tn~s 0oars ~HORT~NVIRONMENTAL ASSESSMENT FO~! ~NSTRUC~TIONS~ -- -- ' (a) In order to answer the questions in this short EAF it is assumed that the preparer will USe currently available information COncerninG the project and the likely impacts of the action. It is not expected that additional Studies, research or other investigations will b~ undertaken. (b) If any question has been answered Yes the project may be sig- (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 larce ohysical change to the project site or physicaliy alter more than 10 acres of land? 2. Will there be a major change to any unique or Unusual land form on the site? 3. Will project alter or have a large effect on a~l 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 endancered plant or animal species? - 7. Will project result in a major adverse effect on~ air quality? 8. Will project have a major effect on visual char_~Yes known to be important to the community? Yes _~_No 9. Will project adversely impact any site or Struct- ure of historic, pre-hist6ric, Or paleontological, envlrcemental area by a local agency? Yes ~No 10. Will project have a m~jor effect on existing or future recreational opportunities? Ii. Will project result in major traffic problems or 12.Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- anco as a result of the project's operation? ~¥es _,__No 13. Will project have any impact on public health or safety? 14. Will prelect affect the existing community by directly causing a growth in permanent popula- tion of more than 5 percent OVer a one-year ~Yes ~o period or have a ma]or negative effect On the charact6-~ of the CO,unity or neighborhood? 15. Is there p~blic QU .... ©..,4AI.RE TO 3E c'"-,-ln '"'"'" " ~','[T'.: '~'~2U!~ A~P[~£,ZA'L'r.(32~ k.'()~i~ ~';3 '['lie ,5~.)~',,[,1. D ~L' :~,.,pr~?.,L.~ Please complete, sign and return to the Office of the Board of Appeals with your completed application forms. If "Yes" is ans%vered to any questions below, please be sure to depict these areas on your survey (or certified sketch), to scale, and sub,it other SUpporting documenta- tion. l. Are there any proposals to chang~ 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.) Yes No b)Are there any areas open to a waterway without bulkhead? Yes 3. Are there existing structures at or below ground level, such as patios, foundations, etc? 4. Are there any existing or proposed fences, concrete barriers, decks, etc? 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. Y_~ No Y.~ No Yes No If project is proposed for principal building or structure, is total height at more than 35 feet above average ground level? State total: .... ft. Yes NO 7. Are there other premises under your ownership abutting this parcel? If yes, please submit copy of deed. Yes 8. Are there any building permits Pending on this parcel (or abutting land under your ownership, if any)? ~ No State Permit # and Nature: Do state whether or not applications are. pending concerning these premises before any other department or agency (State, Town, County, Village, etc.): 10. 11. Planning Board Town Board Town Trustees County Health Department Village of Greenport N.Y.S.D.E.C. Other ~A\A\~ ~ Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale. (from cqnt~act) Is new construction proposed in the area of contours at 5 feet or less as exists? Yes ~I~. Yes Yes Yes No Yes No Yes Yes Yes No Yes No 12. If new construction is proposed in an area %~ithin 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? Yes No 13. Please list present use or operations conducted upon. the subject property at this time and proposed Please submit photographs [or tn, recora. I certify that the above statements are true and are being submitted reliance by the Board of Appeals in considering my application. Signature (Proper~y Owner; {~'~u~nor~zeu ,~gencJ I / / 1/88 ~or WETLANDS [Amended ~-2~.Ti; hy L.L. No. 2-19TG: .'I-2~;- 85 hy L.~ No. G-IDH5~: A. TIDAL W~TI ANDS (1) All land~ genernlls' cnver,.d or h,~ermittently vnv- ered w/th. or which bord,.r on. tidal water:~, or lyin~ beneath tidal water~, which at mean ~ow fide . are covered by tidal wnters to a maximum de~th five (5) feet. inclmlin~ but not limited to banks. bogs. salt marsh. Swamlm, meadow~, flata or other low lying lands subject to tidal action: (2) All banks, bn~s. meadows, flats and tidal mar:;h subject ~ such tides and Upon which grows or may grow some ar any of the following: salt bay, blat& gra~. saltwort, sea lavender, tall cord~rass, high bush. cattaila, ffroundsel, marshmallow and le~w ~arch cordgrass; and/or All land immediately adjacent to a tidal wetland as defined in Sub~ection A~21 and lyin~ within seven. ty-five (75) feet landward of the most landward edge of such a tidal Wetland. FRESIIWATER WETLANI)S: (I) 'Freshwa~r wetlands" as deHned in Article 2.1. tlc 1, j 24-0107, Subdivisions l(a) ~ l(d) inclusive. of the Environmental Conservation ~w of the Sta~ of New York: and (2) All land immediately adjacent to a "l'resh~v:tter wet- land," us defined in Subsection LI(I) and lying' ~vith. in Seventy-five (75) feet landward of the most land- ward edge of a ' f eshx~ att, r wet and." 9703 lo6.-~-Zl RENGEPIS CHRIST ~ ~ ~1~-1Y ~TH AVE BAYSIOE NY 11~6U ~T~9 ASTORIA NY 1110Z lOb.-5'Z5 KOPANOS~ NICHOLAS & WF SSB ZZ-U9 STEINWAY ST ~?~ ........................................... ASTORIA, N Y 11105 lU~.%J-J~ ........ ~AZI~$-"A~isT~5~--~ ............ 1~6~J~-~[H' AVE &lJ~SY ROZALIA FLUSHING NY 115~ ~_~6.2~? .....NICHOLAS, G.~EORGE ~ ORS 50-05 NEWTON AVE ;;;~:~-:;2:- .... :-:----' -:~-,--~;;;;T;;;~:;:;~-----'::'--:~ ................. :---~--:-~::-'";ZZT;-;Z;~-~;~ ..... ~--' ............. IO§.-$-JT ~APE MARGARET T 1~0 BREAKWATER R9-BOX ~¢J~ ' MA~Ti-f0C~ NY 11 ' ,:---::,:-:.-r:--~--~-~-:~_: ............................................................................... 1U§.-~-J HINNERS MARY & ORS 20 HARRISON PL ........ PAILIN-NJ 10~:~; J- ..... ~AMi N~Y,- CYN~ A W~O DCL--I F F DR ~ MATTITUCK NY 119~ 10~.-~-~ KAMINSKY, JAMES B WOODCLIFF DR MA[TITU~K, N.Y. 11~ ~J~g~ kING,CHaRLES A ' ZUU EAST &lJ~9 MATTITUCK NY 11~J 105.-~-6 KING JAMES F M~LL RD ~ J~ ............................................ MATTJTucK NY - 11~5~ ljs.-b-2 HARRIS, WM M & WF RSB P 0 BOX ~JU MATTITUCK, N.Y. 11~5g BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of to the Board of Appeals of the Town of Southold TO: ~czrqctre~T T- ..~)r~oe_ / 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 to request a~Special Exception) (Special Permit) (Other) [circle choice] 2. That the p~)erty which is the subject of the ,Petition is located adjacent to your property and is des- 3. That the property which is the subject of such Petition is located in the following zoninLdistrict: 4 That b,~ such Petition, the undersigned will request the following relief: 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article ~/..=x~ I b/ Sect/on ....................... 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you ma)/then and there examine the same during regular office hours. (5'16) 7~'5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and 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. No. ( [Copy of sketch or plan showing proposal to be attached for convenience purposes.] NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS P 012 606 025 RECEIPT FOR CE1RT11~D MAIL NO tNSURANOE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAiL (See Reverse) P O State and ZiP Code Relurn Receipt showing TOTAL ,?~n~ Fe~s~ 76 Postn :r r Date STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.; ~/~t-t-J-~:t 4' ~'_' " . being duly sworn, deposes akd says that on the ~.~/' day of \'T'u. nP~- , 19 c~, deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the a~bove-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 Southoid; that said Notices were mailed at the United States Post Of* _ -~ou-~b I~ 1~ ~ ;that said Notices were mailed to each of said persons by eg stered) mai . '" Sworn to before me this day of '~3'"-~ ne-- ? 19 ,"/ Notary Public (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: 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 to requesta~) (Special Exception)(Special Permit) (Other) [circle choice] ). That the property which is the subject of the Petition is located adiacent to your property and is des- cribedas follows. ~0 /~,~_ ~ M,A.-~_'~Lu ¢.k- 3. That the property which is the subject of such Petition is located in the foll~*wing zoning district: 4 Tha! by such Petition, the undersigned will request the following relief: 5. That the provisions of the Southold Town Zonin.~g Code applicable to the relief sought by the under- signedare Article ~ Sect/on IC) O ~..L/rk~ 6. That within five days from the date hereof, a written Petition requestin~ 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 durin~ regular office hours. (516) 7~5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and 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. No. ( [Copy Of sketch or plan showing proposal to be attached for convenience purposes.] NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS P 01~ 024 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGP PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) STATE OF NEW YORK ) COUNTY OF SUFFOLK ) the current assessment roll of the Town rice at V ~(register~d) mail. I '[ ' ' , being duly sworn, deposes and says that on the ,~'~1'~ day of .~"~'u t~o~ ., 19~L.~_~, deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the ~lbove-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 of Southold; that said Notices were mailed at the United States Post Of- ; that said Notices were mailed to each of said persons by Sworn to before me this ~-~'~ day of ~T'~ ~ , 19 ~ Notary Public LINDA F, KOWALSK/ NOTARY PUBLIC, St~te of New Q~aliffed in Suffolk C~unty (This side does not have to be completed on form transmitted to adjoining property owners.)