The URL can be used to link to this page

Home My WebLink About3666 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11cj71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3666 Application Dated August 27, ]987 TO: [Appellant(s)] Marie Ongioni, Esq. as Attorney for Appellants 218 Front Street THEODOSE TRATAROS & Ors. Greenport, NY 11944 At a Meeting of the Zoning Board of Appeals held on January 1], ]988, 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 Article [×] Request Article [ ] Request for for Special Exception under the Zoning Ordinance , Section for Variance to the Zoning Ordinance III , Section ]00-3], Bulk Schedule Application of THEODOSE TRATAROS and ERAKLIS APODIACOS. Variance to the Zoning Ordinance, Article III, Section ]00-31, Bulk Schedule, for approval of insufficient lot area of proposed Parcel #1 in this pending set-off division of land located along the south side of the Main Road, and extending along the east side of Wiggins Lane, Green- port, NY; County Tax Map District lO00, Section 35, Block 5, Lot 3; containing a total area of 3.262 acres. WHEREAS, a public hearing was held and concluded on December lO, 1987 in the Matter of the Application of THEODOSE TRATAROS and ERAKLIS APODIACOS under Appl. No. 3566; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS,'the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is' a 3.'262-acre described parcel of land having frontage along the south side of the Main Road (S.R. 25) of llO.O feet and average lot width of 173± feet and is more particularly identified on the Suffolk County Tax Maps as District 1000, Section 35, Block 5, Lot 3. 2. The subject premises is located in the "A-80 Residential and Agricultural Zoning District and is improved with the following structures as depicted by survey map prepared by Roderick VanTuyl, P.C. as mapped December 22, 1986: (a) single-family dwelling with attached garage having a setback 48+ feet from the front [northerly] property line and 21± feet from the easterly [side] property line, at its closest points; (b) accessory shed (prev. horse barn); (c) two small accessory structures. (CONTINUED ON PAGE TWO) DATED: January ll, 1988. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN OF APPEALS ZONING BOARD Page 2 - Appl. No. 2666 Matter of THEODOSE TRATAROS & ors. Decision Rendered January 11, 1988 3. For the record, it is noted that the subject premises was conveyed on November 20, 1976 from John Ricapito and Mary Ricapito to Eraklis Apodiacos, Zoe Apodiacos, Theodose Trataros and Efstathia Trataros by Deed at Liber 8146 cp 392. 4. By this application, appellants request approval of the insufficient area of proposed Parcel #1 of 62,104 sq. ft. 5. Article III, Section 100-31, Bulk Schedule, of the Zoning Code requires ~a minimum lot a~ea o~ 80,Q.00 sq. f~ for. each parcel not to exceed one dwelling unit upon each parcel. 6. It is the understanding of this Board that the use of each parcel will be for one-dwelling use, for a maximum increased density of one dwelling, for a total of two dwelling units for both lots. 7. The amount of relief requested is 17,896 sq. ft. for proposed Parcel #1, or 22% of a variance. 8. It is the opinion of the Board that the variance requested is not the minimal necessary and that an alternative plan could be resubmitted, particularly due to the placement of the 50-ft. right-of-way easement reservation recommended by the Town Planning Board, which would allow a more equal and better use of the property. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Sawicki, it was RESOLVED, that the relief requested under Appl. No. 3566 in the Matter of THEODOSE TRATAROS and ERAKLIS APODIACOS for the proposed insufficient area of Parcel #1 of 62,104 sq. ft. BE AND HEREBY IS DENIED WITHOUT PREJUDICE. Vote of the Board: Ayes: Messrs. Goehringer, Douglass, Grigonis, and Sawicki. (Member Doyen of Fishers Island was absent.) This resolution was duly adopted. lk GERARD P. GOEHRINGER, MAN January 21, 1988 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 b6 held by the SOUTHOLD TOWN BOARD OF APPEALS~ at a Regular Meeting at the Southold Town Hall, Main Road, Southold, New York, on THURSDAY~ DECEMBER 10i 1987 at the following times: 7:30 p.m. Appl. No. 3666 - THEODOSE TRATAROS and ERAKLIS DIACOS. Variance to the Zoning Ordinance, Article III, rion 100-31, Bulk Schedule, for approval of insufficient area of proposed Parcel #1 in this pending set-off division of land located along the south side of the Main Road, and. extending along the east side of Wiggins Lane, Greenport, NY; County Tax Map District 1000, Section 35, ~,____Block 5, Lot 3, containing a total area of 3.262 acres. ~ 7:35 p.m. Appl. No. 3694 THERESA CZECH. Variance to the Zoning Ordinance, Article III, Section lO0=31,Bulk Schedule, for approval of the construction of open deck with an insufficient rearyard setback from the east property line at premises known as 150 Goldin Lane, Southold, NY; County Tax Map District 1000, Section 135, ~lock 2, Lot 19. 7:40 p.m. Appl. Special Exception to Section lO0-80(B) building in this premises known as Tax Map District No. 3695 - HENRY J. SMITH & SON. the Zoning Ordinance, Article VIII, for permission to construct truck-storage "C-L~ight Industrial" Zoning District at 2740 Peconic Lane, Peconic, NY; County 1000, Section 74, Block 2, Lot 19.1. 7:45 p.m. Appl. No. 3689 - PETER AND DIANE LUHRS. Special Exception to the Zoning Ordinance, Article VII, Section lO0-70(B) for permission to construct addition for a repair station in conjunction with Special Exception Permit #3161 rendered October 11, 1983, at premises known as 45845 North Road, Southold, NY; County Tax Map District lO00, Section 55, Block 02, Lot 17. Zone District: "B-l." 7:50 p.m. Appl. No. 3691 - HOSNY SELIM.- Variance to the Zoning Ordinance, Article III, Section 100-32 and Page 2 - Notice of ngs Southold Town Board of Appeals Regular Meeting December 10, 1987 Article XI, Section 100-119.2 for permission to locate inground swimmingpool with decks and fence enclosure landward of existing dwelling in the front yard and within ~00 feet of the Long Island Sound, at premises known as 855 Soundview Avenue, Mattituck, NY; County Tax Map District lO00, Section 94, Block O1, Lot 07. 8:05 p.m. Appl. No. 3696 RICHARD NASS. Variance to the Zonin§ Ordinance, Article XI, Section 100-119.2 for per- mission to locate open wooden deck with a setback of less than 75 feet from existing bulkhead along canal, at premises known as 50 Willow Point Road, Southold, NY; County Tax Map District 1000, Section 56, Block 5, Lot 25. 8:10 p.m. Appl. No. 3676 - ANTHONY ROBUSTELLI. Variances to the Zoning Ordinance, Articles: (a) III, Section 100-31 as to insufficient rear yard and side yard, and (b) XI, Section 100-119.2 as to insufficient setback from bulkhead and ordinary highwater mark, 6nd (c) as to excessive lot coverage, for the of a deck addition, at premises known Cutchogue, NY; Lot 23 and part of 22, County Tax Map District 1000, Section and 18. III,'Section lO0-31 proposed construction as 5 Haywaters Road, Peconic Bay Properties; 111, Block 1, Lots 19 8:15 p.m. Appl. No. 3671 - ANDRE AND THOMAS CYBULSKI. Variance to the Zoning Ordinance, Article III, Section lO0-30A for permission to utilize premises for book-publishing operations, wholesale book storage, and updated 280-A approval over the existing private right-of-way for such use. Zone District: "A" Residential and Agricultural. Location of Property: West Side Depot Lane, Cutchogue, NY; District 1000, Section 96, Block 5, Lot 1.2 and part of 1.1. 8:25 p.m. Appl. No. 3543 - PETER AND BARBARA HERZ. Variances to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to locate new single-family dwelling with insufficient setbacks from existing bulk- head and from highwater areas along Midway Inlet and Hog Neck Bay, premises known as 70 Cedar Point Drive, Southotd, NY; Cedar Beach Park Map, Part of Lots 152 and llO, County Tax Map Parcel No. 1000-90-02-13.1. Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting - December 10, 1987 8:40 p.m. Appl. No. 3561 DOROTHY L. ROBERTSON. Variances to the Zoning Ordinance, Article III, Section lO0-31, Bulk Schedule, for approval of the insufficient lot area of two proposed parcels in this pending set-off division of land with frontage along the south side of North View Drive, the east side of Private Road and the north side of South View Drive, Orient, NY; County Tax Map District lO00, Section 13, Block 1, Lot 10. 8:55 plm. Appl. No. 3686 FREDERICK AND DIANE RAYMES. Variances to the Zoning Ordinance, Articles: (a) XI, Section 100-119.2 for permission to locate dwelling with a setback of less than 75 feet from existing bulkhead along Gull Pond Inlet, (b) III, Section 100-31, for permission to locate dwelling with an insufficient frontyard setback, at premises known as 704 Wiggins Lane, Greenport, NY; County Tax Map District 1000, Section 35, Block 4, Lot 19. The Board of Appeals will hear at said time and place all persons or representatives desiring to be heard in each of the above matters. Each hearing will not start before the time allotted. Written comments may be submitted prior to the conclusion of the subject hearing. For more informa- tion, please call 765-1809. Dated: November 18, 1987. BY ORDER OF THE SOUTHOLD TOWN B.OARDiOF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalski, Board Secretary FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOIJTttOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ Date ~o~,.~.. ~....c~....;~.:.~ ~..: ~ · .~ ~ 2...~.~;..~....~L.. ............. .~m~,~.~..~.,-- .... t.!.~. ~q. .... for permit to soast, tn~t ~ .'.~ ............................................ 1 at Location of Property ............................................................... blouse No. Street ~J Hamlet County Tax Map No. 1000 Section ...~..~..b~. ..... Block ....¢~...-~'~. ...... Lot Zf.~.O..~. ....... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disappt;~,ed on the following grounds .(~'~.~...~..~ .k0 ~.'].."~' ~ ,~ .--~. '" ..,~~ -- ( ~ ~ '~ ~~On , ~. ~.~ ~+. t ~ ~ ............... ~.~.~...~..~.,~ ........ ~.-~ ~~ .~ ~. :. ~ ~..~.~.~...~ ~..~~.. ~. ~.~. .................. .'.. Building Inspector RV 1/80 A ro,ed " " " 56. Z-- ........................................ , ]9 ........ Permit No .......................... Disapproved a/c ................................................... (Building InspeCtor) '/'OWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. Application No....~....~.....~... ............ APPLICATION FOR BUILDING PERMIT Date April 16 19 70 INSTRUCTIONS a. This bpplication mdst be completely filled in by typewriter or in ink and submitted in duplicate to the Building Inspector. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this application. 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 issue a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the progress of the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Deportment for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable lows, ordinances, building code, housing code, and regulations. John Ricapito (Signature of applicant, or name, if a corporation) ~ ~-c.*--~¢.~ - ~ ' (Address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. ................................................ e. r. ..................................................................................................................................... ~f ,,rem se~ John Rieaoito Name of owner ~ ~ .................................................................................................................................................... If applicant is a corporate, signature of duly authorized officer. (Name and title of corporate officer) 1. Location of land on which proposed work will be done. Map No.: .....~..~.. ............................... Lot No.: ~.X. ................... S/S t',~ain Road (z~T 25 Oreen~ort Street and Number ......... · I~ ~L: ~, _* ~ ' Municipality' ...................................... 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy v~ cant land - b. Intended use and occupancy accessor]; building -(agricultural storaEe) 3. Nature of work (check which applicable): New Building .................. Addition .................. Alteration .................. Repair .................. Removal .................. Demolition .................. Other Work (Describe) ............ ~:. ......................... 4. Estimated Cost ............. ~0 ........................................ Fee .......... -~v6)O ....................................................................... (to be paid on filing this application) 5. If dwelling, number of dwelling units ...... .~,.9..~...e ............. Number of dwelling units on each floor ............................ If garage, number of cars ............................................................................................................................................. 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use ............................ 7. Dimensions of existing structures, if any: Front ............................ Rear ................................ Depth .................... Height ........................ Number of Stories ................................................................................................................. Dimensions of same structure with alterations or additions: Front ....................................Rear ............................ Depth ................................ Height ............................ Number of Stories ................................ 8. Dimensions of entire new construction: Front ........... .1...6. .................... Rear ....... .1...6. ................ Depth ......... .2..0. .......... Height .................... Number of Stories .................................................................................................................... 9. Size of lot: Front ...... .~..o...e..z'...8:.~.e.. ..... Rear .................................... Depth ................................ 10. Date of Purchase ........................................................ Name of Former Owner ................................ ~ ....................... 11. Zone or use district in which premises are situated ........ .~.~..~..~]...~..i..s..~.. ......................................................................... 12. Does proposed construction violate any zoning law, ordinance or regulation? ........ .,'2-o ............................................... 13. Name of Owner of premises ...~.O...~.g...~..1..e.~.i..~.O.......Address ..... .G...~..e..e..~.:?..o.~..~. ................. Phone No ..................... Name of Architect ...................................................... Address ........................ : ................... Phone No ..................... Name of Contractor ..... ...................................... Address ............................................ Phone No ..................... PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and indicate all set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or corner lot. STATE OF NEW yORK, tS$ COUNTY OF ..... ~..Lt..~$.'p.],~ .......... ~ - · ............................................. ~I'.c}~%Tt..~,~,'i.¢.~.[0J-~.O. .................... being duly sworn, deposes and says that he is the applicant (Name of individual signing application) above named. He is the 0'~...e..~ .................... . ............................................................................................... ................... (Contractor, agent, corporate officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to moke and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and ti,ar the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this .................. .1...6.. day of ................... .A.~.~..], ............. , 19..~.0.. -.).~' Nota Publl''''~-~ ' ~ /Z~ ,',---' ' . ........... ..~/~.~..../..~.......~..~....'~.~...~.... ry 'c,~...~/~.,¢br.,~...f.(...../..~.=~..~n.~... Coun~ // (Signature of ap~cant) .................... NOTk~'Ry ~CN, ~t~,R, eEGo~N~ew york (J/ No. 52-3233120 Sullotk County T~tm Expires March 30: AUG S? 1967 APPEAL FROM lellidd Tlwl ltldi TOWN OF SOUTHOLD, NEW YORK DECISION OF BUILDING INSPECTOR APPEAL NO. "~(~ ~ TO THE ZONING I~OARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. (We) ........ ............... ........ Nome of Appellant Street and Number '~'"~"'"' ...... * ~'"" '"'-"ici '~IAunjic~il~?i~ji ............................................ /~)' '"'~'" 'State .......... HEREBY APPEAL TO THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO Nome of Applicant for permit of Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ' (~/) ?=o¥'~ -%'~'[ o~F D¥'v'%$ 1. LOCATION OF THE PROPERTY ~....~l.~/..~..,..)~,~/:~.J~.~.}~?..:..~,.i..>~.~., ........... ~ff,,~J~J£z;:~.~ Street /Hamlet, / Us~'Distri~t on Zoning Mop ' District 1000 Section~Block~ Lot ~'~ ~ . .............................................. ~ ........................... .'M..burrenc Owner TI h'I F~OC,~ Map No. Lot No. Prior Owner ~.~O~trt ~>l~'~p't-I-O 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 -J'[l' Section 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (~/) A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cans. Laws Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal (has) a~-'~s n~been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ~s requested for the reason that ~orm ~,~! (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practicaldiffi.,,.~.. ,,~ ~?~~JJ~J~l~ng'~-~.' r - sary HARDSHIP becau~ t'o 3 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 ~ ~- $ U I~.¢OL,)~'¢ L~J t,)(~ 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because T~.1~ KO ~,~O~ t~-) PI L)~.,) LOT~ STATE OF NEW YORK COUNTY OF~)f~--~0LJ~_ ) Signature Sworn to this ........ ~.~ ......................... day of ...... CATHERI~N E ANDREOU #OTARY PUBLIC, STATE OF NEW YORK NO. 24--4G66141 TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DIST. SUB. LOT 'L ~ I~Q ~ ' ,~ , · _~fi ' ' ~ ~ ~c~ ~o~..~,~ ~', ~s~j0 s~s. w. ~ co~. c~. ~sc. '~. w~u~ ~/~ AGE BUILDING CONDITION N~ NORMAL BELOW ABOVE FARM Acre Value Per V~lue Acre Tillable 1 Tillable 2 Tillable 3 Woodland Swampland ]FRONTAGE ON WATER Brushlond FRONTAGEON ROAD ) ' '~ L-' ,, ' ,'-~ / ~,, -~,,~- House Plot DEPTH C, ~ . T?tol DOCK j / 'F ~'~ M. Bldg. Extension Extension Extension Breezewa O.B.' Porch Porch Patio Driveway Bath Floors Interior Finish Heart Attic Rooms 1st Floor Rooms 2nd Floor Page 2 Mr. Gerard Goehringer December 23, 1987 I enjoy Southold Town. I spend a considerable amount in taxes annually. I have two condominiums in Stirling Cove in Greenport in addition to my house and property in Cleaves Point. Unlike those who want to shut the door on anything new, I just want to make sure new projects are an improve- ment to the area not a detriment. I expect you to represent my concerns. Sincerely, H. Stabile ps cc: Board of Health Bennett Orlowski, Planning Board 86 Thayer Road Munsey Park NY 11032 December 23, 1987 Mr. Gerard Goehringer Chairman Board of Appeals, Zoning Southoid Town Southold NY 11971 RE: Application No. 3566 Dear Sir: I am sorry I was unable to attend the hearing on December 10, 1987 regarding the above application. I was out of the country and could not change plans on such short notice. However, I received an account of the hearing. I would like a public hearing called on any and all issues concerning this property. As a sum~ner resident, I find it deplorable that an issue like this can be debated and decided in the dead of winter. I also find it amusing that an attorney who apparently represents a builder with no legal interest in the property, an attorney who happens to work for or is associated with a town judge is afforded time at a hearing intended for interested parties. This certainly appears to me to be conflict of interest at best. On the paper road issue, there should be a clarification as to whether or not this property requires two variances, one for the north property and one for the south. This property presently has a shed which is 'dilapidated and against current zoning, the property is also surrounded by barbed wire obviously against current zoning since the property has not been used as zoned for a least ten years. All lots in the area are not undersized. Mr. Costeilo's lot is more than 2.5 acres and again, I must reiterate that the smaller lot development proved to be environmently deadly by Southold Town and thus the two acre zoning was effected. Simply because there are properties closer to the water than this property should not in itself evidence that this property should be developed. Those other properties were divided and approved in another time. They should receive no consideration when considering this application. All the rules have changed along with a changing world. Precedence is wonderful to cite in common law but not in environmental issues which change constantly . I would buy this property in question as a protection against development, but this property has apparently been spoken for in the marketplace. As stated previously, I am not against this project per se but I want all of the issues that concern me (previous letter to Board) and anyone elses concern addressed and satisfied. cont'd ... TRANSCRIPT OF HEARING SOUTHOLD TOWN BOARD OF APPEALS REGULAR MEETING OF THURSDAY, DECEMBER 10, 1987 Appl. No. 3566 Applicant(s): THEODOSE TRATAROS AND ERAKLIS APODIACOS Location of Property: S/s Main Road and E/s Wiggins Lane, Gre'enport County Tax Map ID No.: 1000-35 - 5 - 3 Board Members present were: Chairman Goehringer P. Goehringer ~ Members: Grigonis, Douglass, Doyen and Sawicki. Absent was: (None). Also present were: Victor Lessard (Building Dept.) Linda Kowalski, Z.B.A. Secretary and approximately persons in the audience. The Chairman opened the hearing at 7:33 o'clock p.m. and read the notice of hearing and application for the re~or~. CHAIRMAN GOEHRINGER: I have several copies of a survey. I noticed it was produced by Roderick VanTuyl, P.C. on September 10th, updated on November 3rd, 1987; indicating parcel number'l at 62,104 square feet which encompasses a rather large home and parcel number 2 of 80,000 square feet which has a proposed dwel- ling pencilled in on it. And 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? Ok. Would you state your name for the record? MS. ONGIONI: I'm an attorney representing the owners. My ad- dress is 218 Front Street, Greenport. On behalf of the owners, I'd like to urge the Board to approve this subdivision. Al- though one of the lots is substandard in that there is approxi- mately a 20% variance from the code requirement, I'd like to point out to the Board that the vast majority, in fact, all of the lots in this area except for a few, are significantly smaller than the proposed lots. In fact, the neighboring lots in the immediate vicinity of this lot are between 15,000 and 35,000 square feet which are significantly less than the 80,000 square foot current requirement. Those variances range from approxi- mately 50% to 80% from the code requirements. My clients are seeking a 204 variance. CHAIRMAN GOEHRINGER: Can I just ask you why you're up there; why did you not divide the property equally? In other words, taking the 62 and the 80 and adding it and dividing it by two? MS. ONGIONI: I believe the reason for that was to avoid having to request two variances, a variance for each lot. And this way, one of the lots complies with the code and only one requires the variance. Page 2 - December, 1987 ~ PUBDIC HEARING - Theodose Trataros and Eraklis Southold Town Board of Appeals Apodiacos CHAIRMAN GOEHRINGER: I see. MS. ONGIONI: Any other questions? CHAIRMAN GOEHRINGER: What's the nature of the right-of-way that it's trunkating or transversing parcel number 2 and actually di- viding it? MS. ONGIONI: Well, it's a 50 foot right-of-way who's purpose is to connect Wiggins Lane so that there is a thoroughfare for egress and access to the property. That will be the access road for the property on the south, parcel number 2. CHAIRMAN GOEHRINGER: Do you have any idea what's going with the northerly portion of parcel number 2? I mean, tually separated from the... to happen it's ac- MS. ONGIONI: Yes it is. I would imagine that it would be used for landscaping purposes. Although I have not discussed that with my client. I will add that the right-of-way was created at the request of the Planning Board. This survey was first amended on September 10th and you'll see that it was amended a second time on November 3rd and that was at the suggestion of the Planning Board who has since approved this. They recommended that this subdivision be approved. CHAIRMAN GOEHRINGER: I just don't understand why they didn't sug- gest that lot number 2 be smaller and then bring the line all the way down to the edge because it doesn't appear that the value of the property on the northerly part of parcel number 2 is really going to have any value with it divided between the right-of-way. MS. ONGIONI: Well, if that would be a critical point to the Board, I would take it up with my clients to see if they would be amendable to changing the line. CHAIRMAN GOEHRINGER: Well, we'll see how the Board feels. MS. ONGIONI: I'd like to address a few of the concerns that were voiced in a letter of opposition that is part of the public record. The later is dated September 1st, 1987 and it's in the file. It was submitted by Howard Stipiletti who is a neighbor in this area. He voices several concerns. One, is that he questions the source of the water supply. I'd like to advise the Board that the water will be supplied by the Greenport system and that a well will not be necessary. As far as the concern about the septic system ex- expressed in the second item, if you look at the survey, you will see that the proposed location for the pools is quite a distance from the canal and it shouldn't pose and wouldn't pose any hazard with respect to and from the canal. The third objection is that one of the corporate owners was allegedly not notified of this public hearing;. I believe that according to your files, a cer- tified notice was indeed mailed to that corporate property owner. Page 3 Decembe! ~0, 1987 PUBLIC HEARING - Thoedose Trataros and Eraklis Apodiacos Southold Town Board of Appeals MS. ONGIONI (continued): And finally in the last paragraph, the opponent indicate that a hardship needs to be shown for the granting of this variance in that "any project violating that zoning requirement without hardship reason should be carefully weighed and not rubber stamped". Well, the law is that an applicant need not demon- strate hardship. An applicant is required to demonstrate prac- tical difficulty in complying with a zoning ordinances. And practical difficulty has been defined (actually) in the context of the relationship of the proposed variance to the character of the area and whether or not the proposed lots will be contrary to the area and consistent with neighboring lots. And I would like to point out to the Board that in fact, these two lots will be (in many instances) doubled and in other instances even triple the size of neighboring lots. So that is not a concern in this application in that the character of the neighborhood will not be changed. I believe that you mentioned (Mr. Chairman) that you have a copy of the Suffolk County Tax Map for this location. I have some copies with me. I will submit them to the Board. CHAIRMAN GOEHRINGER: I don't think it's particulary necessary. MS. ONGIONI: Thank you very much. CHAIRMAN GOEHRINGER: Is there anybody else? Are you speaking before or against sir? MR. GARBE: Well, I have a question. I'm president of the East Point Property Owners Association which is adjacent to this property on the southeast side. This notice in the newspaper is the first as far as I know, that I'm aware of this property change. The only question I have regarding Wiggins Lane; on the map we show two Wiggins Lane. One which is the community property which is private and presently ends on the property line and there is one to the west which is also Wiggins Lane. Is that the access to the property? Is that considered the access? Because if they're considering the use of the east Wiggins Lane, I don't think that would be feasible. We'd like to keep that private and not as a through street. CHAIRMAN GOEHRINGER: I see on the map, to answer you question, and I can show you a copy of it that it indicates no right-of- way over lot number 1. So that would answer your question but I will let you look at the survey. The house lot is the nor- therly lot. ~ou're welcome to look at it. If there is anybody else in the audience that may have a particular question about this, we can either take a couple minutes recess. If you don't mind, I'll ask a question of the Town Planner while you gentle- men are looking at it. Yalerie, it was brought to my attention Page 4 - December, 1987 . BUBEIC HEARING -Theodose Trataros Southold Town Board of Appeals and Eraklis Apodiacos CHAIRMAN GOEHARINGER (continued): that the right-of-way in question which basically divides this property, is going to be brought up to some sort of town's speci- fications. Is that correct? TOWN PLANNER: Yes. CHAIRMAN GOEHRINGER: Would that then... How would that effect the private part as this gentleman so mentioned? TOWN PLANNER: Well, the only opinion of the Town Planning Board was that CHAIRMAN GOEHRINGER: The west side of it. MR. GARBE: The east side is not public. It's marked here on map as private. That's the east side. This is public. CHAIRMAN GOEHRINGER: I had it just reversed. TOWN PLANNER: The Planning Board was under the impression that both sides were public. So we're asking for the continuation. In any event, even if the east side is private; by requiring a 50 foot dedication, the Planning Board may consider not requiring that it be paved at this time. But they would like the 50 foot dedication in the event that in the future, 20 years from now, the residents of the east side of Wiggins Lane should ever want to dedicate that road to the town, they would have the option of doing so in connecting it. So it just provides for a future eventuality. MR. GARBE: So there's nothing mandatory about our providing access to our road at this point? TOWN PLANNER: In other words, the applicant... I'll mention that the Town Planning Board, at the time, that they refuse this map if the Zoning Board should decide to grant the variance. If some accomodation can be worked out whereby the dedication of land can be made but not necessarily approge a cut through until such time that private portions decide to change it. CHAIRMAN GOEH~INGER: Can I just ask you Mr. Garbe, is there any part of Point subdivision that is public? Is Maple Lane public? MR. GARBE: No it isn't these are all private roads. Page 5 - December0, 1987 O pUBLIC HEARING - Theodose Trataros and Eraklis Southold Town Board of Appeals Apodiacos CHAIRMAN GOEHRINGER: I thank you sir. Is there anybodyc~lse who would like to speak in favor of this application? Anybody like to speak against the application? Yes, Mr. Costello. MR. COSTELLO: I'm not against it. I have a co6p~e of questions. My name is John Costello and I'm one of the adjoining property owners and I happen to be one of the property owners who do~s not have a small lot. I have a two acre lot. If this road, this right-of-way, is dedicated, does that make the backside parcel; a variance necessary on that. Because if there's a right-of-way dedicated through there, you're going to take out approximately 87,000 square feet of that lot. CHAIRMAN GOEHRINGER: I think it's exclusige of that Sir. I really don't think it actually lessens the actual square foot- age of it even though it's over the property. The property is still deeded to the lot. MR. COSTELLO: So the right-of-way is included in the deed of the lot? CHAIRMAN GOEHRINGER: Yes. MR. COSTELLO: Ok. Thank you. CHAIRMAN~OEHRINGER: Thank you. Is there anybody else who would like to speak? Anything in rebuttal Ms. Ongioni? MS. ONGIONI: No, nothing. CHAIRMAN GOEHRINGER: Hearing no further comment, I'll make a motion closing the hearing reserving decision until later. Ail in favor - AYE. DEPARTMENT OF PLANNING COUNTY OF SUFFOLK [=ATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE 360-5513 January 26, 1988 Town of Southold Zoning Board of Appeals Applicant: Theodose Trataros, et.al. Mun. File No.: 3566 S.C.P.D. File No.: SD-88-2 Gentlemen: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Co~nission is considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or disapproval. Comments: An alternative lot line division warrants consideration to be more reasonably coterminous to the adjoining 50 ft. R/W easements. Very truly yours, Lee E. Koppelman Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 766-1809 APPEALS BOARD MEMBERS GERARD P. GOENRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAW{CKI Pursuant to Board of Appeals the xx Article XIII of the Suffolk County Charter, the of the Town of Southold, New York, hereby refers following to the Suffolk County Planning Commission: Variance from the Zoning Code, Article ZZI, Section 100-31, Bulk Schedule Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit Appeal No.: 3566 Applicant: Theodose Trataros and Ors. Location of Affected Land: s/s Main Road, Greenport, NY County Tax Map Item No.: 1000- 3-5-3 Within 500 feet of: Town or Village Boundary Line XX Body of Water (Bay, Sound on Estuary) State or County Road, Boundary of Existing or Boundary of Existing or Other Recreation Area Parkway, Highway, Thruway Proposed County, State or Federally Owned Land Proposed County, State or Federal Park or 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. approval of COMMENTS: Applicant is requesting ~kk~ R~ ~n~t]ff~ci~n~t a~ea of propos~ Parm~l ~1 Copies of Town file and related documents enclosed for your review. Dated: January 21, 1988 Southold Town Board o eals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWiCKI January 21, 1988 Marie Ongioni, Esq. 218 Front Street Greenport, NY 11944 Re: Appl. No. 3566 - Trataros & Others Dear Mrs. Ongioni: Transmitted herewith for your records recent findings and determination rendered Appeals in the above matter. (Variance) is a copy of the by the Board of Yours very truly, Enclosure Copy of Decision to: Planning Board .Building Department Suffolk County Planning Mr. H. Stabile GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Commission APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH R. SAWICKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 BOUTHOLD, L.I., N.Y. 119'71 INTER-DEPARTMENTAL MEMORANDUM TELEPHONE (516) 765-t809 TO: Planning Board FROM: Board of Appeals /~ Gerard P. Goehringer, Chairman DATE: September 15, 1987 SUBJECT: Planning Board Records and Report As you know, we continue to have applications pending concern- ing projects which will involve actions by the Planning Board under the Subdivision Regulations (Ch. 106) and Ch. lO0, Articles XI and XIII of the Zoning Regulations (as to site, parking and cluster applications). Transmitted herewith are copies of surveys and County Tax Maps for the premises involved, and we request that you confirm the Planning Board's records in the following areas of concern: 1. prior or pending divisions of land by the Planning Board; 2. prior or pending site-plan actions, conditions, etc. by the Planning Board; 3. effects, if any, of the proposed project on Planning Board actions taken previously (paragraph #1 and #2 above); 4. prior recommendations concerning change-of-zone applications or other actions (by the Town Board) concerning this property. In the interim, we are conducting thorough investigations and will require additional documentation and proof by the applicant concerning nonconformities, etc. which may be questionable. Page 2 Planning Board Inter-Departmental Memorandum September 15, 1987 Re: Planning Board Records Input At our Regular Meeting held last Thursday, it was the unanimous agreemen% of the Board Members to urge the Planning Board to reflect in its report for our file only those areas normally within the jurisdiction of the Planning Board. The Board indicated that they would not want the Town record to reflect two different positions on a zoning matter in the event an Article 78 is commenced, particularly if the positions taken are assumptions, unclear, or perhaps at some time improper, or without sufficient evidence. Our records must be inclusive and supported by substantial evidence, and we do not encourage recommendations by any other agencies which are under our authority, particularly a claim that one's application may have been prejudiced by attempts to influence or pre-judge an application. Our authority is of a quasi-judicial status separate and distinct from the other Town Departments. Your response as requested above will be accepted most appreciatively. ihank you for your assistance. GG:lk Copies of County Tax Maps and surveys for the following projects are attached: ~l. Theodose Trataros and Eraklis Apodiacos (as to subdivision 2. Ana G. Stillo (280-a condition relief request) 3. George Schade (as to subdivision regul.) 4. North Road Associates (as to 280-a outside subdivision and its effects on subdivision's 280a inside subdivision). [Z.B.A. r-o-w limited to length of 171.4± feet]. regul . ) Southold Town Board APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI September 16, 1987 Mr. and Mrs. E. Apodiacos Mr~ and Mrs. T? Trataros 217 Main Road '~Greenport, NY 11944 Re: Appl. No. 3566 Trataros and Apodiakos (Variance) Dear APplicants: This letter will acknowledge receipt of your recent applicatio~ before the Board Qf Appeals. The Board members will be conducting field inspections and ehvironmental reviews as may be required by State and local laws prior to scheduling your application for a public hearing. It is requested in the interim that you proceed with the [X] Planning Board [ ] concerning their jurisdiction in this matter in order that they may submit their written comments, formal action, or other input as early as possible. Upon receipt of their input, your application will be scheduled for the earliest available hearing date. If the above document(s) are submitted by early October, it is expected that a public hearing would be held about the early part of November. A copy of the notice of hear- ings as published in the Long Island Traveler-Watchman and the Suffolk Times will be sent to you as confirmation. Please feel free to call at any time if you have questions. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN CC.' Planninq Board Mrs. Elizabeth Pantelis 5804-Seventh Avenue Brooklyn, NY 11220 By Linda Kowalski H. Stabile P.O. Box 245 East Marion NY 11939 September 1, 1987 Board of Appeals, Town of Southold Main Road Southold NY 11971 Re: Petition of Theodose Tratards Eraklis Apodiacos Gentlemen: Before a variance can be considered on the above petition, I believe the board should look at several points regarding the terrain: Ail houses in the area are public water supplied; is there a commitment from Greenport to supply water to this property? Since this lot is on a peninsula with water 30' away in areas this should be of the utmost importance since a well may have salt water intrusion. - Again, because it is a peninsula the land may not support a septic system properly in light of the proximity to Fordham Canal. There are eleven properties adjacent to the property in question, have they all been notified? I know the corporate owner of 1000 035 4 28.2 has not been notified. More importantly to me, I have seen Southold maps where Wiggins Lane is drawn across the property in question upon a subdivide. Since the Cleaves Point subdivide where I own property has but one exit through Maple Lane, it was my understanding that Wiggins would be continuous across the property if only to provide a closed fire road (paper road) to Cleaves Point. If that is the case, this property would then need two variances; one for each piece. While I am not necessarily against this project, I want the board to consider all aspects so I can assess the impact to me, my family and neighbors. Two acre zoning was brought into existence after years of expansion on smaller lots, mine included, for good reason. I think any project violating that zoning without hardship reasons should be carefully weighed and not rubber stamped. I will be following this application most carefully. BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of 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. ThaJ. SLi.~.~e 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] ce-_ ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: .~.~G /~c.r~% -- ~q-fl-, ~L")Uf ~,'~' 3. Tha~ the properW which is ~he subjRct of ~ucb~eti~ion is located in the foUowing zoning district: 4. That by such Peri.n, fl~e undersi~nc~will request the followin~ relief: loq 5. That ~he provisions of the 5outhold Town Zoning Code applicable ~o the relief sought by the under- signed are ~tiele ~ ~on [ ] SectJon g80-A, New York Town Law for approval of access over r~ghC(s)-of-wa~. 6. Tha~ within five days from the dale hereof, a wrinen Pelidon requesting the relief specified above will be filed in the Somhold Town Clerk's Office at Main Roa¢ Som~ld, New York and you may ~hen and there examine the same during regular office hours. (51~) 76~18 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. Dated: ~-rt( t,-, ! %, (; 7 Petitioner -I Owners Name s :_ ~.~ ~y~LI~ Post Office Address · iT_ S; 2I O400 E. Z~57.95 / -Or, O LOT 25 M/,.P OF F'OISDNAF~ Acr&E~-5~C. ~ (. Ct;,F1.:: CO. ~/~...h. P. AI?..C E L S TO BE 5.6'r OFF~ 8o,o.,'0 got pP,.I yE W Pr'f LAI'q ~ 50 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 c:OUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRtGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI December 29, 1987 Mr. H. Stabile 86 Thayer Road Munsey Park, NY 11032 Re: Appeal No. 3566 - Trataros and Apodiakos (Variance) Public Hearing Held and Concluded December 10, 1987 Dear Mr. Stabile: This letter is in response to your correspondence received December 28, 1987 in the above matter. Inasmuch as the public hearing was concluded on December 10, 1987, we are prohibited by law to accept communications, information, and any and all other submissions subsequent to the hearing. Please be assured that this Board will consider and thoroughly review all those areas within our jurisdiction in this appeal application. Inasmuch as notice of the hearing was given, and a postponement was not requested in your behalf, the hearing was held and concluded, the file has been "sealed." We therefore are required by law to return your communications. lk Enclosure Yours y.e~y ERARD P. ~OE~qR'INGER/~ CHAIRMAN 86 Thayer Road Munsey Park NY 11032 December 23, 1987 Mr. Gerard Goehringer Chairman Board of Appeals, Zoning Southold Town Southold NY 11971 RE: Application No. 3566 f~,~fL.~ -~ Dear Sir: I am sorry I was unable to attend the hearing on December 10, 1987 regarding the above application. I was out of the country and could not change plans on such short notice. However, I received an account of the hearing. I would like a public hearing called on any and all issues concerning this property. As a summer resident, I find it deplorable that an issue like this can be debated and decided in the dead of winter. I also find it amusing that an attorney who apparently represents a builder with no legal interest in the property, an attorney who happens to work for or is associated with a town judge is afforded time at a hearing intended for interested parties. This certainly appears to me to be conflict of interest at best. On the paper road issue, there should be a clarification as to whether or not this property requires two variances, one for the north property and one for the south. This property presently has a shed which is 'dilapidated and against current zoning, the property is also surrounded by barbed wire obviously against current zoning since the property has not been used as zoned for a least ten years. All lots in the area are not undersized. Mr. C0steilo's lot is more than 2.5 acres and again, I must reiterate that the smaller lot development proved to be environmently deadly by Southold Town and thus the two acre zoning was effected. Simply because there are properties closer to the water than this property should not in itself evidence that this property should be developed. Those other properties were divided and approved in another time. They should receive no consideration when considering this application. Ail the rules have changed along with a changing world. Precedence is wonderful to cite in common law but not in environmental issues which change constantly . I would buy this property in question as a protection against development, but this property has apparently been spoken for in the marketplace. As stated previously, I am not against this project per se but I want ali of the issues that concern me (previous letter to Board) and anyone elses concern addressed and satisfied. cont'd ... Page 2 / ~er~r 2d37°~nger I enjoy Southoid Town. I spend a considerable amount in taxes annually. I have two condominiums in Stirling Cove in Greenport in addition to my house and property in Cleaves Point. Unlike those who want to shut the door on anything new, I just want to make sure new projects are an improve- ment to the area not a detriment. I expect you to represent my concerns. Sincerely, H. Stabile ps cc: Board of Health Bennett Orlowski, Planning Board 8outhold, N.Y. 11971 (516) 765-1938 December 8, 1987 TO: Zoning Board of Appeals FROM: Planning Board ~ DATE: December 8, 1987 RE: Apodiacos and Trataros In response to your memorandum, the Planning Board reviewed the revised layout dated November 3, 1987 and offer the following comments. The survey was revised as per the Planning Board's recommendation. The Board is in favor of this layout with the right-of-way improved to Town Highway Specifications. Legal Notices NOTICE OF HEAR~C~ NOTICE ~ ~ .~:, HEREBY of the Town I.~w'and ~ ~ of the T~ of~u~ ~e ~1~- lng he~ ~11 SO~O~ ~ BO~ OF ~PE~, at a ~1~ M~ti~ at ~ ~u~old To~ Hall, ~ ~ ~old, York, ~ ~DAY, DE- CE~ER 1~ ~ at ~e fol- lo~ng tim~: 7:30 p.m. ~1. No. 3566 ~ODOSE ~T~OS ~d ~DIACOS. V~ ~ ~e ~ng ~i- nance, A~icle HI, ~tion 10~ 31, Bulk ~hedule, for approval of ins~cient lot a~a of p~ o~ P~el ~1 in ~t~ff division of l~d l~ along the ~u~ side of the Main ~d, ~d ex.haling along the east side of Wig~ns L~e,~ G~n~, NY; County T~ Map Di~ct I~, ~ion 35, Bl~k] of 3,262 ac~s. 7:35 p.m. Appl. No. 36~ - ~E~SA C~CH. V~an~ ~ the ~ning O~i~n~, A~icle IH, ~on 100-31, B~k ~h~ule, for app~val of ~e ~nst~ion of o~n d~k ~th an ins~cient re~ ~t~ck from ~e e~t p~y line at pre~s ~o~ ~ 150 ~ldin ~e, ~u~old, ~; County T~ ~p Dis~ 1~0, ~c~on 135, Block 2, ~t 19. 7:40 p.m. Appl. No. 3695 - HENRY J. S~ & SON. S~ial Excep~on ~ the ~ning ~inance, A~icle ~II, ~ction 100-80(B) for ~ission st~ct ~ck-s~ra~ building in this "C-Light Indust~al' Zoning Dist~ct at premi~ ~o~ County T~ Map Dis~ 1~0, ~ction 74, Bilk 2, ~t 19.L 7:45 p~m. Appl. No., 3~9 - PETER ~D DI~ LUGS. Special Exception ~ the ~ning O~inan~, A~icle VII, ~tion 100-70(B) for ~i~ion ~ ~n- s~ct addition for a ~ir s~- tion in ~njunction ~ S~ial Exception Permit ~3161 re- ndered October 11, 1983, at premises known as 45845 No~h ~ad, ~uthold, NY; County Tax Map Dist~ct 1~0, ~ion 55, Block 02, Lot _ . Zone District: "B-I.' 7:50 p.m. Appl. No, 3691 - HORNY ~IAM. Variance to the Zo~inE O~dinance, Article IH, ~1t10~2~ ami Article enclosure lamiward of existing dwelling in the front yard and within 100 feet of the Loo41 Is- land Sound, at premises known as 855 Soundview Avenue, Mat- tituck, NY; County Tax Map Distric~ 1000, Section 94, Black 01, Lot 07. 8:05 p.m. Appl. No. 3696 - RICHARD NASS. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permis- sion to locate open wooden deck with a setback of less than 75 feet from existing bulkhead along canal, at premises known as 50 Willow Point Road, South- old, NY; County Tax Map Dis- trict 1000, Section 56, Block 5, Lot 25. 8:10 p.m. Appl. No. 3676 - ANTHONY ROBUSTELLI. Variances to the Zoning Or- diannce, Articles: {a) III, Section 100-31 as to insufficient rear yard and side yard, and (b) XI, Section 100-119.2 as to insuffi- cient setback from bulkhead and ordinary.highwater mark, and (c) III, Section 100-31 as to ex- cessive lot coverage, for the propased construction of a deck addition, at premises known as 5 Haywaters Road, Cutchogue, NY; LOt 23 and part of 22, Peconic Bay Properties; County Tax Map District 1000, Section 111, Block I, Lots 19 and 18. 8:15 p.m. AppL No. 3671 - ANDRE AND THOMAS CYBULSKI. Variance to the Zoning Ordinance, Article III, Section 100-30A for permission to utilize premises for book-pub- lishing operations, wholesale book storage, and updated 280-A approval over the existing pri- vate right-of-way for such use. Zone District: "A" Residential and Agricultural. Location of Property: West Side Depot Lane, Cutchogue, NY; District 1000, Section 96, Block 5, Lot 1.2 and part of 1.1. 6:25 p.m. Appl. No. 3543 - PETER AND BARBARA HEP, Z. Variances to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to lo- cate new single-family dwelling with insufficient setbackz fror existing bulkhead and fra highwater areas along Midway Inlet and Hog Neck Bay, prem- ises known as 70 Cedar Point Drive, Southold, NY; Cedar' Beach Park Map, Part ol' Lots. 152 and 110, County T~x Map Parcel No. 1000-90-02-13.1. 8:40 p.m. Appl. No. 3561 - DOROTHY L. ROBERTSON. Variances to the Zoning Ordi- nance, Article HI, Section 100: 31, Bulk Schedule, for approval of the insufficient lot area of two proposed parcels in this pendiv~ set-off division of land with fron- rage along the south side of North View Drive, the east side of Private Road and the north side of Seuth View Drive, Orient, NY; County Tax Map District 10OO, Section 13, Block 1, Lot 10. 8:55 p.m. Appl. No. 3686 - FREDERICK AND DIANE RAYMES. Variances to the Zoning Ordinance, Articles: (a) XI, Section 100-119.2 for permis- sion to locate dwelling with a setback of less than 75 feet from existing bulkhead along Gull Pond Inlet, (b) III, Section 100- 31, for permi~ion to locate dwelling with an insufficient frontyard setback, at premises known as 704 Wiggins Lane, Greenpert, NY; County Tax Map District 1000, Section 35, Block 4, LOt 19. The Beard of Appeals will hear at said time and place all persons or ~epresentatives desir- ing to bo heard in each of the above matters. Each hearing will not start before the time al- lotted Written comments may bo submitted prior to the conclu- sion of the subject hearing. For more information, please call 765-1809. Dated: November 18, 1987. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalski, Board Secretary 5789-1TD3 ~)RK ) '~ ) SS: :OLK ) ~'onten~ of Greenport, in ~1 duly sworn, says that he/she is THE SUFFOLK TIMES, a Weekly shed at Greenport, in the Town aty of Suffolk and State of New ~ Notice of which the annexed is ms been regularly published in once each week for 13 ly, commencing on the Principal Clerk this _. ~ NOTICE OF HEARINGS ~0TICE IS HEREBY GIV- EN, pursuant to SectiOn 267 of the Town Law and the Code of the Town of Southold, thc follo~ving hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting I/i the Southold Town Hall, Main Road, Southold, NY on THURSDAY~ DECEI~BER ,I/)t 1987 at the foBowinl~ tim/t/; 5~30 ~m. Appl. No. 3566% T Hli~O'l~O S E TRATAROS AND,~LIS APODIACOS. Va.~r~..~.to.~the Zoning Or- din~[~ Ai'ticlc I11, Section lO0-~l~ulk Schedule, for ap- proval o~insufficient lot. area o proposed Panel No~/lcin this pending set-off divisio~ Of land located along.'the south Side of the Main Road, and ~nding along the east ~ide of Wiggin. s Lane, Greenpo~f~h. NY; County Tax Map ,Di~rici 1000,'Section ,.. 35, Block ~,.Lot 3, containing a~ ~,. ~otal ayea ~f 3.262 acres. ~--7i35 p.m. Appl. No. 3694- THERESA CZECH. Variance to the Zoniog ~nance, Arfi-' cie III, Section.~.~(10-31, Bulk . Schedule, for al~val of the construction of open deck with an insufficient re~tyard setback from the east property line at premises known as 150 ~oldin Lane, Southokl, NY; County Tax Map District 1000, Section 135, Block)2, Lot 19. 7:40 p.m. Appl. No. 3695- HENRY J. SMITH & 'SON. Special Exception to the Zoning Ordinance, Article VI!l, Section 100-80{B) for permission to con- struct truck-storage building in this "C-Light Industrial" Zon- ing District at premises known as 2740 Peconic Lane, Peconic, NY; County Tax Map District 1000, Section 74, Block ~, Lot · 19.1. ?~ 7:45 p.m. A~:~L No. 3689- PETER AND q,I~NE LUHRS. Spec al ExcepfiOn~o the Zoning Ordinance, Artic~ VII, Section 100-70(B) ~or permission to con- struct addition for a repair sta- tion in conjunction with Special Exception Perlnit No. 3161 rendered October 11, 1983, at premises known as ~5845 North Road, Southold, NY; County Tax Map District i000, Section 55,.Block 02, Lot 17. Zone District: "B-l:' 7:50 p.m. Appl No. 3691- HOSNY SELIM. Variance to the Zoning Ordinance, Article 111, Section 100-32 and Article XI, Section 100-119.2 for per- mission to locate inground swimming pool with decks and fence enclosure landward of ex- isting dwelling in the front yard and within I00 feet of the Long Island Sound, at premises known as 855 Soundview COUNTY OF SUFFOLK ss: STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Travele~-Watchman once each week for ...................... -/.... weeks successiveb/, commencing on the ~ ? Swmn tobefme me this ..................... day of Notary Public BARBARA FORBES Notary Public, State of New York No. 4806846 Qualified in Suffolk Count Southold Town Board of Appeals MAIN ROAD- ~TATE ROAD 25 SOUTHE}LD, l.l., N.Y. 11971 TELEPHONE (516) 765 1809 APPEALS BOARD MEMBERS ERARD P. GOEHRINGER, CHAIRMAN tARLES GRIGONIS, JR. [RGE DOYEN, JR. OBERT J. DOUGLASS )SEPH H. SAWlCKI TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation o~ the time and date of the public hearing concerning your recent application is a copy of the Legal Notice as published in the L.I. Traveler- Watchman, Inc. and Suffolk Weekly Times, Inc. Someone should appear in your behalf during the public hearing in the event there are questions from board members or persons in the audience. Please be assured that your public hearing will not start before the time allotted in the Legal Notice. If you have any questions, please feel fr~)e to call our office, 765-1809. Yours_ very..tr~ul~.~ .~ /~_ G~RA-R'~ P. 'GOEHRKNGER ~2' CHAIRMAN Enclosure Linda Kowalski Secretary and Board Clerk Page 4 - Legal Notice Mailing List Southold Town Board of Appeals Regular Meeting - December 10, 1987 Copies Ma~led On or About 12/1/87 to: Mrs. Elizabeth Pantelis, 5804 Seventh Avenue, Brooklyn, Mr. H. Stabile, P.O. Box 245, East Marion, NY 11939 Mrs. Dinos Zervos, Orient, NY 11957 NY 11220 Mrs. Theresa Czech, 4 Goldin Lane, Southold, NY 11971 Mr. Henry J. Smith, Henry J. Smi{~ & Son, Main Road, Southold, NY 11.971 Mr. 6nd Mrs. Peter Luhrs, 1130 Soundview Avenue, Southold, NY 11971 Mr. Hosny Selim, 671 Vandam Street, North Woodmere, NY 11581 Dino Rossini, Esq., 151 Hempstead Turnpike, West Hempstead, NY 11552 Mr. Ronald Stritzl~r, 51 Stirrup Lane, Roslyn Heights, NY 11577 (Re: Selim) Mr. John Bertani, 1380 Oakwood Drive, Southold, NY 11971 (Re: Nass) Mr. Anthony Robustelli, 48 Revere Road, Manhasset, NY ll030 Abigail A. Wickham, Esq., Box 1424, Mattituck, NY 11952 (Re: Mr. Steven~ C. Fuchs, 4 Knoll Top Road, Stony Brook, NY 11790 Rudolph H. Bruer, Esq., Main Road, Southold, NY 11971 Cybulski) Patricia C. Moore, Esq., Edson & Bruer, Main Road, Southold, NY 11971 (as Attorney for Peter and Barbara Herz) Richard J. Cron, Esq., Cron & Cron, Main Road, Cutchogue, NY 11971 J. Kevin McLauOhlin, Esq., Box 803, Greenport, NY 11944 Rudolph H. Bruer, Esq., Main Road, Southold 11971 (Attorney for D.Robertson Mr. and Mrs. Frederick Raymes, 24 Woodlot Lane, Huntington, NY 11743 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS December 10. 1987 GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. S · E · Q . R .A . SERGE DOYEN, .IR. ROBERT J. DOUGLASS NEGATIVE ENVIRONMENTAL DECLARATION JOSEPHH. SAWICKI Notice of Determination of Non-Significancm APPEAL NO.: 3566 PROJECT NAME: THEODOSETRAT~ROSANDER~KLIS APODIACOS 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.' This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [~ Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION:Variance.for insufficient lot area of proposed Lot #1 in this pending set-off division LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: S/s Main Rd. and E/s Wiggins Lane, Greenport, 1000-35-5-3 ' - ' REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short, form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The relief requested is not directly related to new .construction as regulated by Section 617.13 for a lot-line or area variance. FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowals~i, Secretary, Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802. Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. (3) The relief requested is not directly related to new construction. .JUDITH T. TERRY OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 27, 1987 Town Hall, 53095 Main Road P.O. Boxl179 Southold, New York 11971 TELEPHONE (516) 765-1801 TO: Southold Town Zoning Board of Appeals FROM: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3666 , application of Trataros & Apodiakos for a variance. Also included in notification to adjacent property owners; Short Environmental Assessment Form; Letter relative to N.Y.S. Tidal Wetlands Land-Use; Notice of Disapproval from the Building Department; survey of property; and any other attachments relative to this application. FORM NO. 4 TOWN OF $OUTHOLD BUILDING DEPARTMENT Town Clerk's Office Southold, N. Y. Certificate O[ Occupancy No..Z~.2.~.~. ...... Date ...a'..u~.g..~.~.' ................. , 19. THIS CERTIFIES that the building located at . .~26.0.. i..i.~.:l,n...~.qa..d ........ :. Street Map No ............. Block No ........... Lot No .................................. conforms substantially to the Application for Building Permit heretofore filed in this office dated .~.~P¥.~ .%.~ ............ , 19.7.Q. pursuant to which Building Permit No. !i'~..~.. dated .:.~p.r.~.~...]..~ ............. , 1~.0..., was issued, and conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is issued is .... .~.qqe..z.~.o.r. lr..B..u~.~.d$.n.g .............................................. The certificate is iisued to ...~. 9!~'~ .R..2.~o.2. t.'9....~..{..Q. ~K.~.\ .~..~. .................... (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval .......... N~i{. ................... ~.. UNDERWRITERS CERTIFICATE No ..................... ~{,R., .................... HOUSE NUMBER . .~.2.~. Q ........ Street ~.a$~..R.o~.d..~; ,..2~,..G.r.e..e.n~.o.r..t.~..L., ,[...~.. N .Y. ..... Building Inspector .:-OWN OF SOuTSOLD BUILDING DEPARTMENT CLERK'S OFFICE BUILDING PERMIT PERMIT MUSTBE KEPT ON,THE ~REM )N OF.THEWORK to Permission Is hereby granted to: at premises Iocatec~ ' ' ' '-" ' at .................... ~1~....~L~,D.. ~J~....~q'~.~[ ............ ; .......... ~ ................................... ................. : ............................ ~.,r..Gz~eneeafl~ ...................... ,. pursuant to application gated Building Inspector. Building Inspector ~WN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. Examined ............. ., ......................... , 19....' .... Approved ........................................ , 19 ........ Permit No .......'..2 ............. ~ Di~pproved Q/C ....................... ,/.. ........... ;r.. ............... ./.. ................................... (Building InspeCtor) APPLICATION FOP. BUILDING PERMIT Date .............................. .......... ]9...?..0. ..... INSTRUCTIONS a. This application mQst be completely filled in by typewriter or in ink and submitted in duplicate to the Building Inspector. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of property must be drawn on the diagram which is port of this application. 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 issue a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the progress of the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS H.FREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable lows, ordinances, building code, housing code, and regulations. John ~icapi~o (Signature of applicant, or name, if a corporation) (Address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber ar builder. ................................................ Q~',~.,r. ........................................................................................................ Name of owner of premises ..... ..J.g..h...D.....~.i..9.a.~..i..t...o. ........................................................................................... If applicant is a corporate, signature of duly authorized officer. (Name and title of corporate officer) ]. Location of land on which proposed work will be done. Map No.: ....:?;. ...............................Lot No.: ~ ................... Street and Number £/S ,.aZ,. ~toad. (J:~T Z~ :'~-: -:, ~, Municipality 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy w can~ ~ - b. Intended use and occupancy accessoz; t'uild!ng -~a~ricultur~l ~torace) 3. Nature of work (check which applicable): New Building .................. Addition .................. Alteration .................. Repair .................. Removal .................. Demolitian .................. Other Work (Describe) 4. Estimated Cost ............ ~,,00 ......................................... Fee ......... ~.C~O ............................................ (to be paid on filing this application) 5. If dwelling, number of dwelling units ..... ..~..O..~...e. ............. Number of dwelling units on each floor ............................ If garage, number of cars ............................................................................................................................................. 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use ............................ 7. Dimensions of existing structures, if any: Front ............................ Rear ................................ Depth .................... Height ........................ Number of Stories ................................................................................................................. Dimensions of same structure with alterations or additions: Front .................................... Rear ............................ Depth ................................ Height ............................ Number of Stories ................................ 16 lo 20 8. Dimensions of entire new construction: Front .................................... I,[ear ............................ Depth ........................ Height .................... Number of Stories ...................................................................................................................... 9. Size of lot: Front ..... ..~..~..e..~.~.~. ...... Rear .................................... Depth ................................ 10. Date of Purchase ........................................................ Name of Former Owner ........................................................ 11. Zone or use district in which premises are situated "A" d~st 12. Does proposed construction violate any zoning law, ordinance or regulation? .~.O. ................................... 13. Name of Owner of premises ....~..O....]~....~.~..O..~.~...~...~..O.......Address ......O..?...e.~?.:~..O.~..~. ................. Phone No ..................... Name of Architect ...................................................... Address ............................................ Phone No ..................... Name of Contractor ..... ,S.8,~e ...................................... Address ............................................ Phone No ..................... PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and indicate all set-back dimensions from property lines· Give street and block number or description according to deed, and show street names and indicate whether interior or corner lot. STATE OF NEW ¥~ORK~ COUNTY OF ...... ,,~.~.~, ~..~ ~]~¢ ......... ............................................... · ,T..o.b~',,..~,'~"~,;~:~,;J,.~.~ ......... being duly sworn, deposes and says that he is the applicant (Name of individual signing application) above named. He is the (Contractor, agent, corporate officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith· Sworn to before me this .... of · -q-' ................. .'.' ...... .............. · )" 2 ," '~,~- (' / ~%~ ~ ........... :"" ............. r"~: ......................... I .................................... · ~..~.l.~.~.:r:~..... ....... ~.....,/.{,....~/t~.~....~.4. Coun~ , (S,gnature of applY'cant) Notary Public, REASON FOE APPEAL Continued ]. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because 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 '-~-~- ~ t) b'.t; CD'O ~'~ i~,[ k)C>~ 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE CHARACTER OF THE DISTRICT because .' .* "' THE STATE OF NEW YORK COUNTY SS ........ Signature CATI'~RIN E ANDREOU NOTARy PUBLIC, STATE OF NEW YOR)~ Comms /~l iL^~lJUS-.,~ 30, 19 ~ ~ TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ~(~ ~ ~ DATE .............................. TO THE ZONING I~OARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ~ H~+Hrs 1, (We) ~Y~..~..."3~...~.. t ~., ....~...'. ,.,~.lj?.C:.~. L ~ .e'..S. · .+..T.,. I. ~t~ .~. · ...h~...~.. ........ ~ ...............~'f~ .~3.....~..'~...., ........ Nome of Appellant Street and Number ~..]......J~....~..~'/,. .......................................... ~,)..,.'~.. ............ HEREBY APPEAL TO /~unicipality 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 Nome of Applicant for permit of Street and Number Municipality State () PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ' , Street~/Ham]e~ / Use DistriCt on Zoning D1st~ic~ 1000 Sec~ion~Block~ Lo~ ~ . _ Map No. Lot No. Prior Owner. ~o~n ~P~O 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- ~,,,~!~ ___~ sect on and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) -x~- /Article 'lTl- Section ~=~ tOO --~I 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (~/) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art, ]6 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal (has) ~been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... (? ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that (Continue on other side) 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. Tha~.J~s.~e 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 property which is the subject of the Petition is located adjacent to your property and is des- 3. Thal the property which is lhe su~j~cl of~u~h~etition is located in the followin~ zonin~ districl: I 4. That by such Peri.n, the undersigned will request the following relief: R u- ' 5. That the provisions of the 5outhold Town Zoning Code applicable to the relief sought by the under- signed are ~cle ~ ~on I00- ~ ~ [ ] Sect~0n g80-A, New Yo~k Town Law f0~ app~ova] of access over 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in ~he Somhold 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. Dated: [~,4. L ! !b; ~7 o Owners' Names:_L~:~Ll~ Post Office Address [0 ,! SHORT £NVIRONMENTAL ASSESSMENT FORM INSTRUCT!O~Sf (a) In order to answer the questions in this short gAF is is assumed that the preparer will use currently available information concerning ~he project and the likely impacts of the action· It ia not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be significant and a completed Environmental Assessment Form is necessary, (c) If all questions have been answered No it is likely that this project no__~ significant, (d) Environmental Assessment l, Will project result in a large physical change to the project site or physically alter more than 10 acres of land? · · · · · · · · · Yes ~ No 2· Will there be a major change to any ,migue or unusual land form found on the site? · · Yes ~ No 3, Will project alter or have a large effect on an existing body of water? · , · , · · , . Yes &, Will project have a potentially large impac~ on ~roundwa~er quality? , · · · · , · · · Yes. ~ No 5, Will project significantly effect drainage flow on adJacen~ sites? · · · · ..... Yes 6· Will project affect any threatened or endangered plant or animal species? , · · · · · · · · Yes ~ No 7, Will project result in a major adverse effect on air quality? · · · · , · · · · , .,. Yes ~ No 8, Will project have/a major effect on visual char- acter of the community or scenic' views or vistas known to be important to the community? · · · -- Yes, 9, Will project adversely impact any site or st~uct- ur~ of histori¢~ pre-historic; or paleontological importance or any site designated as a critical environmental area by a local agency? , , , .... Yes _~__ No 10, Will project have a major effect on existing or future recreational opportunities? . , , Yes ~ No 11, Will project result in major traffic problems or cause a major effect to existing transportation 12, Will project regularly cause objectionable odors, noise, glars~ vibration, or electrical disturb- ance as a result of the project's operation? . Yes .. ~ No 13, Will project have any impact on public health or l&, Will project Affect the existing community by directly causing a growth in permanent popula- tion of more th.an 5 percent over a one-year period or have a major negative e£fec% on the charac~e"~ of :he community or neighborhood?. · . Yes ~ ~o Is there public controversy concerning the project? -- Yes _~_ No PREPARER' S SlGNAT%~E: REPRg~'i.'~TI~IG: TITLE: To: Southo!d Town Board of Appeals Hain Road Southold, }]Y 11971 Appeal Application old I~4Pf)DO~ Location of Property: L~-I ~%~k~ not In referencu to the New York State Tidal Wetlands Land-u.~ Regulations, 6 NYCRR, Part 661, and Article 25 of the How York Environmental Conservation Law, please be advised that u,~]ect property i,n thc within appeal ap:Dlac_..o.%.' '-' ~ . · I=,.' ch, c cmo bo ) H,~y be locatsd .within 300 feet of tidal wetlandz however, constructed along the water-lyinq edco of this prope~'ty i& a bulkh_~ad in very geed condition and at least 100 feet in ~lenpth. May b'e 'located within 300 feet of tidal wet!ands~ beware.r, constructed along the %.~a~e'r-l. yin? edge of this property is a bul:.:head '-n neec of (minor] (major) repairs, ~nd appr~ximate!y feet in length. - [ ] [ ], -[ ) appear to May be located within 300 feet of tidal wetlands; however, constructed al'cng the %;afar-lying edge of this property is a bulkhead less than 100 feet in length. May be located within 300 feet of tiddi wetlands; and there is no bulkhead or ', con ..... wa!! 'on the premises. Is not located withi,% 300 feet of tidal wetlands to the best of my .knowledge.* [~;tarred items (*) indicate your property fall within the jurisdiction of the H.y.s' D.E.C. Sincerely yours, NOTS: If proposed project falls %;it'lkin D.E.C. jurisdiction, approval must be received an~ suhmit~6d to our office before your application can be scheduled for a public hearing. . ,INPORMATION .CONCERNING N~ DIVISIONS OF LAND (S(?t-o ,Flinor Subdivisions, Lots under 40,000 sq. ft. in area and not I. Article VI, subdivision approval from Department of Health.(548-3327 or 3318 2. $outhold Town Planning Board approval minor subdivision approval.(?05-1938 Southo)d Town Zoning Board of Appeals e on an official subdivision ma the Suffolk County or 3312 for information for a set-off or for applications); variance{s),(765-1809). All lots within 300 of tidal wetlands and waterways: 1. N.Y.S. Department of Environmental Conservation subdivision approval (751-7900 for applications and information). 2. Subdivisions, set-offs, or 'siLe plans require SouLhold To,va Planning Board approvals (765-1938). x] After a]l approvals have been received: ). Southold Town Building Department Occupancy for each lot (765-1.802). for Cart'~' 1,~cates of Lots over 80,000 sq. ft. in area.and over 175 ft. lot width: 1. Southo]d Town Planning Board approval. Lots over 40,0~ sq. ft. may or ,))ay not be subject to Suffolk County Heallh Department, Article VI approval Please check with their agency (548-3327). ' All lots under 80,000 sq. ft. in area and under 175 f~. lot widLh: l. Southold Town Board of Appeals approval (Z65-1809);. 2. Southol'd Town Plaflning Board approval (765-1938); 3. Southold Town Building Depar~m~:n~ issuance of Certificutes of Occupancy (765-1802). ' Notice: The powers granted s document am bro~d and sweeping. Th ~ defined in New York General Obligations I.~w, Article 5, ~ ].5, sextons 5-1502A through 5-1503, which expressly permits the use of any other or different form of power of attorney desired by the parties concerned. ~ROW ~[H ~tR §~ ~e~$r pgt~ent~, which are intended to constitute a GENERAL POWER OF ATTORNEY pursuant to Article 5, Title 15 of the New York General Obligations Law: Thatl THEODORE TRATARO$ AND I EFST^TIII^ TR^T^ROS (inert a~me ~md mid~ or the principal) RESIDING AT 5804-7TI] AVENUE BROOlCLYN NY., 11220 do hereby appoint li~rt name ~mi add~*~ o! [he ~gent, or e~eh agent, i~ more than one ia designated) ELIZABETH P^NTELI$, OUR T)^UC. IITER, RE$IDIH(; AT 5804-7TH AVENUE BROOKLYN, N.Y., my attorney(s)-in-fact TO ACT In my name, place and stead in any way which I myself could do, if I were personally present, with respect to the [olIowlng matters as each of them is defined in Title 15 o£ Article 5 of the New York General Obligations Law to the extent that I am permitted by law to act through an agent: To strike out any subdivision the principal must draw a llne through the text of that subdivision AND write his initials in the box opposite. (A) real estate transactions: ................... (B) chattel and goods transactions; .......... ( C) bond, share and commodity transactions','; (D) banking transactions; ................ ~ .... (E) business operating transactions; ....... (F) insurance transactions; ........................ (G) estate transactions; (H) claims and litigation; (I) personal relationships and a6~airs: (]) benefits from military service: .......... (K) records, reports and statements: (L) full and unqualified authority to my attor- ney(s)-in-£act to delegate any or all of the foregoing powers to any person or persons whom my attorney(s)dn-£act shall select; ...... (M) all other matters; .................................................. This power o£ attorney shall not be affected by the subsequent disability or incompetence of the principal. To induce any third party to act hereunder, I hereby agree that any third party receiving a duly executed copy or £acsimile o[ this instrument may act hereunder, and that revocation or termination hereo£ shall be ineffective as to such third party unless and untlI actual notice or knowledge o£ such revo- cation shall have been received by such third party, and I ior myselt and for my heirs, executors, legal representatives and assigns, hereby agree to indemnify and hold harmless any such third party £rom and against any and ail claims that may arise against such third party by reason of such third party having relied on the provisions of this instrument. have hereunto signed my name and af6xed m7 seal this .................... (se o STATE OF N, Y . COUNTY OF KINGS ss.: Onthe 1st da7°£ July 1987 be£°remepers°nallTcame TNEODORE AND EFSTATItIA TRATAROS to me known, and known to me to be the individuals described in, and who executed the foregoing instrument, and t hey acknowledged to me that they executed the same. Notary Public, State ~ N~ Y~ No. 2~4524129 C~mlssmn Expire~ ~ ~ ~- STATE OF N.Y., On the 1 s t day o£ J U L Y ELIZABETH 'PANTELIS to me known, and known to me to be the individual instrument, and ~q~e acknowledged to me that She , COUNTY OF KINGS, ss.: 19 8 7 before me personally came described in, and who executed the foregoing executed the same. AFFIDAVIT AS TO POWER OF ATTORNEY BEING IN FULL FORCE STATE OFN'Y'' ,COUNTY OF KIINGS SS.: E L I Z A B E T H P A N T E L I S being duly sworn, deposes and says: That THEODORE AND EFSTATHIA TRATAROS as principal's whoresldesat 5804-7th Avenue Brooklyn, N,Y,, dld, lnwrltlng, underdateo£ 1st July 1987 appointmehistrueandlawiul attorney, and that annexed hereto, and hereby made a part hereof, is a true copy of said power of attorney. THAT, as attorney in tact of said prlncipal and under and by virtue of the said power of attorney, I have this day executed the following described instrument THAT at the time of executing the above described instrument I had no actual knowledge or actual notice of revocation or termination of the aforesaid power o£ attorney by death or otherwise, or notice o£ any facts indicating the same. THAT I hereby represent that the said principal is now alive; has not, at any time, revoked or repudiated the said power o£ attorney; and the said power o£ attorney still is in full force and effect. That I make this affidavit for the purpose o£ inducing to accept delivery of the above described instrument, as executed by me in my capacity of attorney in fact of the said principal, with the full knowledge that the said in accepting the execution and delivery o£ the aforesaid instrument and in paying a ~p~d and valuable consideration therefor, will rely upon this at,davit. /~// / _/~/ /~ ~ ~ ~ Sworn to before me this 1s t day of July 19 87 STELLIO G. LEO[lOIS Nota~f Public. State of Now¥o[~ No. 24-a524129 Ouniilied in Kings Coun~ ~ ~ Commission Expirc~ F/~ I 19~ P'A~CF.L; I 6r-,jo4,5.~' JOAN jO~Jk CQ5 FtEL J LOT 25 MAP OE FOr2DFIAI"'i AQ'&E 2'-5~C, ~ FRANCIS FFFCH 5LJF',q CO. MAP NO, 4E ,o ...... '72t,55 TYPICAL LOT 5O 8'7l,B8 FOOl' t h.lOq E:~, .~CA~b :),4-I Are.[;,,&. ~.~.6P., AC, _ ~'P[CAL CE'55~COL _NAF Al'fiENd3 ED~ 5 EPeE 10t1:98~? ~ NOV ~, 1987 N~/kP OF / CLEA,V[~ F'OI N~-F ~,~[C. ~ PARCEL I. c/ ]4,6, ~TI~I co. MAP No. 4~so) ~./ ~,B~BOI)ylS PAF4C EL 8 TO BE 5ET OFF 80,000 G, F, B71,38 ..... I~OAD W^T~, ~ . Fl,&! Ni'~ I, dAP OF' PI2OPO~ED SET-OFF' OF Pf2OPEfgTY ~UF~VEYED FOfZ. i_ :~..L.. "L) .... .... ~ zc)i:u"'"""-' &',~,'u.D..~t/~\L.L) %CAL, E- 50', J" A~DA, 37-6~ AC, Q, I~QN PIPE I~, HOC',IU HEi~T