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Home My WebLink About3733 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI SoUth ld Town Board of Appeals MAIN RE]AD- STATE RE]AD 25 BE]UTHE3LD, L.I., N.Y. 11971 TELEPHONE (516) 765 1809 ACTION OF THE BOARD OF APPEALS Appeal No. 3733: At a Meeting of the Zoning Board of Appeals held on July 14, 1988, the above appeal was considered, and the Action indicated below was taken on your Request for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2A: Upon application of ESME AND NICHOLAS LAGUDIS for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to locate accessory (gazebo) structure within 100 feet of the top of the bluff along the L.I. Sound, at premises known as 760 The Strand, Pebble Beach Farms Subdivision Lot #129, East Marion, NY; County Tax Map Parcel No. 1000-30-2-84. WHEREAS, a public hearing was held and concluded on July 14, 1988 in the Matter of the Application of ESME AND NICHOLAS LAGUDIS under Appeal No. 3733; 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 property in question is identified on the Suffolk County Tax Maps as District 1000, Section 30, Block 2, Lot 84, is known as Subdivision Lot #129 as shown on the Pebble Beach Farms, Inc. Subdivision Map. 2. The subject premises contains a total area of approximately 25,800 sq. ft. and is improved with a single-family, one-story framed house with garage as more particularly shown on the June 28, 1983 survey prepared by Young and Young, L.S. (No. 82-614). ~a~e 2 - Appl. No. 3733 Matter of ESME & NICHOLAS LAGUDIS Decision Rendered July 14, 1988. 3. By this application, appellants propose to place an accessory gazebo structure, ten feet in diameter, a distance of 12 feet from the tie line of the average line of bluff. 4. The proposed gazebo will not have electric or other utilities, is to remain and unenclosed, is not to exceed 13 feet in height, and there will be no disturbance to the area between the bluff and the house since the gazebo will be placed upon the ground and not upon a full foundation. 5. Article XI, Section 100-119.2, subparagraph A(1) requires all buildings proposed on lots adjacent to the Long Island Sound to be set back not less than one-hundred (100) feet from the top of the bluff, or bank. 6. In considering this appeal, the Board finds and determines: (a) the activities required for the placement of this gazebo structure will not disturb the bluff or be adverse to the character of the immediate area; (b) the percentage of relief in relation to the requirement is substantial; however, the parcel is substandard in size which lends to the uniqueness of this case; (c) the practical difficulties are related to the land and are not personal in nature; (d) the grant of this variance will not in turn be adverse to the safety, health, welfare, comfort, convenience, or order of the town; (e) there is no other method feasible for appellants to pursue, other than a variance; (f) in considering all the above factors, the interests of justice will be served by granting the application, as applied for. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, to GRANT a Variance from Article XI, Section 100-119.2A of the Zoning Code for the placement of an accessory gazebo structure as applied in the Matter of Appeal No. 3733 - ESME AND NICHOLAS LAGUDIS. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen was absent due to weather conditions. This resolution was duly adopted. lk GERARD P. GOEHRINGER CHAIRMAN RECEIVED AND FILED BY [ ~ SOUTHOLD TOWN CI.~RK Town Clerk, Town of Southold 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, JULY ~4, 1988 at the following times: /'~ 7:30 p.m. Appl. No. 3733. Esme and Nicholas Laqudis. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to locate accessory (gazebo) structure within 100 feet of the top of bluff along the L.I. Sound, at premises known ==as 760 The Strand, Pebble Beach Farms Subdivision Lot ~129, East Marion, NY; County Tax Map Parcel No. 1000-30-2-84. ~ 7:35 p.m. Appl. No. 3735. DINO AND LYNN ROSSINI. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to construct deck addition, landing and stairs near and along bluff of the L.I. Sound, at premises known as 755 Soundview Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-94-1-6. 7:40 p.m. Appl. No. 3736. JOHI~ R. SCHREYER. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to construct deck addition within 75 feet of bulkhead along Peconic Bay, at premises known as 160 Blue Marlin Drive, Southold Shores Subdivision Lot 42, Gre~nport, NY; County Tax Map Parcel No. 1000-56-7-20. 7:45 p.m. Appl. No. 3738. GEORGE BOttNSCHEIN. Variances to the Zoning Ordinance, Article III, Section 100-31, for permission to extend garage located in the frontyard area and attach same to existing dwelling, and to construct additions to square off rear of dwelling in excess of maximum-permitted lot coverage requirement, at premises known as 560 Oak Street, Cutchogue, NY; Lot ~24 and one-half of 925, Map of Eugene Heights; County Tax Map Parcel No. 1000-136-1-44. 7:50 p.m. Appl. No. 3743. NORTH FORK GREEK COMMUNITY 6SSOCIATION, INC. Special Exception to the Zoning Ordinance, Article III, Section 100-30B for permission to expand building for a Place of Worship .at premises known as 1950 Luthers Road, Mattituck, NY; County Tax Map Parcel No. 100G-106-9-6.1. 8:00 p.m. Appl. No. 3737. JOHN and JOAN POLYWODA. Variance to the Zoning Ordinance, Article VII, Section 100-71 to construct 11'6" x 36' addition (for storage) with an insuffi- cient sideyard setback at the westerly yard area, at premises known as 55560 Main Road and 20 Hobart Road, Southold, NY; County Tax Map Parcel No. 1000-62-3-2. B-1 Zone District. 8:D5 p.m. Appl. No. 3741. DOUGLAS AND ELIZABETH WHELAN. Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permission to construct addition with an insufficient setback at the easterly side of existing dwelling which has been determined by the Building Inspector to be frontyard area, at premises known as 1145 Old Harbor Road, New Suffolk, NY; County Tax Map Parcel No. 1000-117-03-8. Page 2 Notice of Hearings Regular Meeting-July 14r 1988 Southold Town Board of Appeals 8:10 p.m. Appl. No. 3748. JAMES and ELAINE KELEMBELiDIS. Variance to the Zoning Ordinance, Article Iii, Section 100-31, Bulk Schedule, for permission to extend deck with an insufficient rearyard setbacks at premises known as 395 Dogwood Lane, Southoid, NY; County Tax Map Parcel No. 1000-54-5-28.1 8:15 p.m. Appl. No. 3742. OLIVER CAMPBELL. Special Exception to the Zoning Ordinance, Article IX, Section 100-90A for permission to construct principal building for storage purposes in this C-1 Industrial Zone District in conjunction with sand and stockpile yard, at premises located along the west side of Cox Lane, Cutchogue, NY~ County Tax Map Parcel No. 1000-84-03-5o 8:25 p.m. Appi. No. 3745. JOSEPH SP!TALIERE/JOH/~ C.W. CAMPBELL. Variance for approval of access in accordance with New York Town Law, SectiQn 280-a over private right-of-way located along the east side of Cedar Beach Drive (just south of General Wayne Inn) and extendin~ in an easterly and thence southerly direction to parcels identified on the Suffolk County Tax Maps as No. 1000-90-4-14 and 19o 8:35 p.m. Appl. No~ 3749. STERLING iDEA 'VENTL~ES. Variance to the Zoning ordinance, Article VII~ Section 100-71~ Bulk Schedule for approval of insufficient rearyard setback from the northerly property line for proposed principal buildings at premises known as 46025 C.R. 48, Southold, ~ County Tax Map Parcel No. 1000-55-2-18.1. B-1 General Business Zone District. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the time allotted. For more information~ please call 765-1809. Dated: June 27, 1988. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GER3%RD Po GOEPLRINGER~ CHAIRMT~N Linda Kowalski, Board Secretary Instructions to newspapers: Please publish on THURSDAYr JUNE 30, 1988, and forward 11 affi- davits of publication to: Board of Appeals, Main Road, Soutoldr NY 11971, on or before July 5~ 1988. TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTIIOLD, N.Y. NOTICE OF D1SAPI'ROVAL File No ................................ PLEASE TAKE NOTICE that your application dated . ~ .~.~. {1 .......... , 19 .~ $.. Hot,ce No. Street County Tax Map No. lO00 Section . .-..~ ~ .... Block .... ~ ...... Lot .~.~ .......... s~v~7~ ~ ~:~ ~.~, ~o...~.~.~ ...... ~o~ ~o...Z ~.? .......... (~ Building Inspector BTOWN OF $OUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR MAY ! ! 1988 NO. '3 7 33~ TO THE Z~i~i~ ~J~P-PEALS, TOWN OF SOUTHOLD, N. Y. ~ Name ot ~ppeu~t 5tr~t~nd Nu~er .......................................... ......... Municipelity 5~te 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 per.mit~ / , of ~ ~ ' ~ ~ · ................. ~ Street a d Number ~unicipali~ State (~) PERMIT ~O USE ( ) PERMIZ FOR OCCUPANCY ( 1. LOCATION OF THE PROPERTY ..... ~/~ ..... ~ {. , Street /Hamle& / Use District on Zoning Map D~t~ ~000 S~c~on~ B]ock~Lot~ .......................................... ~ ......................... ~.~,.uurren~ ~ner 2. PROVISION (S) OF THE ZONING ORDINANCE A~EALED (Indicate the Article Section, Sub- section and Pa~graph of the Zoning Ordinance by number. Do not quote the Ordinance.) A~t~cle~ Section /f ~ , 3, TYPE OF APPEAL Appeel is mode herewith for (please chec~ epp~opP~a~e box) ( ) A VARIANCE to the Zoning Ordinance or Zoning A VARIANCE due to leck o~ access (State of N~ York Town Law Chap. 62 ~s. Laws Art, 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (2) (has 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 a variance and was made in Appea! No ................................. Dated ...................................................................... REASON FOR APPEAL )A Variance to Section 280A Subsection 3 A Yariance to the Zoning Ordinance ) requested for the reason that Fora% Z~l (Continue on other side) REASON FOR APPEAL Continued STRICT APPLICATION OF THE ORDINANCE wouJd produce practical '~iff~ities or unneces- ~ view of th~ ~ud~ ~e i~ no o~r pla~ ~ ~ ~riSl~ ~:~i~ c;a~ ;~ 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 ~e reason i borscht this ~azebo is ~_ause of t?~ vi~ of 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRI,CT because I% ~utifies t~h~ DZs~rtct a~d STATE OF NEW YORK ) ) ss COUNTY OF ) Sworn to this ............................. ,f~./..: ........... day of JOSEPH CHERE?O.,~,CH NOTARY PUBLIC, State o, New York No. 45046i5, SCfelk Term Expires beCember 39, 1=88 ,--TOWN:~OF:SOUTHOLD PROPERT~R~ORD CARD ~NER '' STREET ' S W ' ,: TYPE OF BUILDIN~, ~ , · " FRONTAGE ON WATER " ' ' · ' FRONTAGE ON ROAD Wo~land ' ' ' DEPTH M dowbnd ' House Plot , :, .. BULKH~D Total_ ; Extension Extension Extension Porch Porch Breezeway Garage Patio Total COLOR TRIM Fou,,datJon ~t, Walls ;ire Place rype Roof Recreation Room Dormer Bath :loots Interior Finish Rooms 1st Floor Rooms 2nd Floor' Driveway DR. BR. ~ L / / / / / / / / / / / / / %v ? ? FOR APPROVAl_ TO CONSTRUCT TEL ~.4~ONUMENT SUBDIVISION MAP£1L£O 1El'lYE OFFTCE OF r~ SUFFO£t~ COUNTY ON dUNE II, SURVEY FOR E/Cfi LOT NO. IZg , " PEBBLE BEACH FAI?M$ AT EAST MAI?ION TOWN OF SOUTHOLD SUFFOLK COUNTY, NE¥I YORK DATE= OCT. 2/, /9~2 SCALE= / , = ~ NO. 82 - 614 YOUNG a YOUNG ALDEN W. YOUNG, PROFESSIONAL ENGINEER '"ND LAND SURVEYOR N.Y.S. L~CENSE NO. 12845 HOWARD W. YOUNG, LANO SURVEYOR N.Y.S. LICENSE N0.45895 400 AVENUE RIVERHEAD, NEW YORK SU~ F~ N/CH LAGUDIS J~ zm, ~s~ ~c ~, I~ LOT N0.129, "PEBBLE BEACH FARMS" AT E~ST MARION D~T(~ ~WN ~ SOUTHOLD sc~(= / "= ~ ' SUFFO~ CO~TY, NE~ ~ ,o. ~2-~14 HE~ D~PARTM~HT-DATA ~ ~R~ ~ ~STRUCT ~ ~ ~n wfl~ TH~ SU~Y IS '" YOUNG & YOUNG ~ ~R~AD, NEW ~RK ~TE ~ B : MONMM~N~ 5USOIVlSlOE MAPFI~O IN ~E ~FI~ ~ ?~ CLENK OF ~DEN W.~NG, P~FE~IONAL ~GI~ ER S~KC~N~ ~ JU~//~/~5 ~F/~ ~0.6~66 AND ~ND ~RVEYOR NY.S. UCENSE NO. 1~845 HOWARD W* YOUNG~ LAND SURVEYOR ~ ~ ~ ~ ~C(W),~tC ;a~a CE~(~) ~ ~E~ N*~ S. LICENSE NO. 45893 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTllOLD. N.Y. NOTICE OF DISAPI'ROVAL Date..'~ .~...,.~.~. .... 19 .~... File N ~ ................................ -to ~.,...~.... ~.~..~.~~ ~. ~-.~7 ........................ ~.~. ~.,..~..~. ,...t/.~ ~.. I'LEASE TAKE NOTICE that your application dated . ~.~.~. (/ ........... 19 .~ ~.. f)rlcm,ittoconstruct. ......~ ~~ ~~ .............................. * ' ' " ' -'"'"'''A''r~ a~ t~ ~ ~ '~ ~ ' ,.,,~,,,,,,,~,,,,,,,~,,~ ..~ ~ .... :'.~.~ .... ~.. ~~ .......... Houce No. Street ttomlet County Tax Map No. 1000 Section . .'..~.~. .. Block .... ~ ...... Lot .~.~ .......... Sul clMsion ...... ~. ~ ...... Filed Map No ..... Lot ......... ~~..~ ,~:,~ ~. ¢.~. ~..¢. ~x....O.&~..~ ........................................... Building Inspector Southold Town Board of Appeals MAIN ROAD- STATE ROAD 2S SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GR~GONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: ×× Variance from the Zoning Code, Article×i , SectionlOO_llg.2A Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit Appeal No.:3733 Applicant: Esme & Nicholas Lagudis Location of Affected Land: 760 The Strand, East Marion, County Tax Map Item No.: 1000-30-2-84 Within 500 feet of: Town or Village Boundary Line NY XX Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Laid Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area or Existing or Proposed Right-of Way of Any Stream Owned by the County or for Which The County Has Lines, Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. or Drainage Channel Established Channel COMMENTS: Applicant is requesting permission to locate accessory (gazebo) structure within 100 feet of the top of the bluff along T,.T_ ~und Copies of Town file and related documents enclosed for your review. Dated:August 16, 1988 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI Southold Town Board of Appeals I~tAIN RnAD- STATE RnAD 25 SnUTHnLD, L.I., N.Y. ~llc:J?'l TELEPHONE (516) 765 1809 August 15, 1988 Mr. and Mrs. Nicholas C. Lagudis P.O. Box 507 East Marion, NY 11939 Re: Appeal No. 3733 (Variance) Dear Mr. and Mrs. Lagudis: Transmitted herewith for your file and perusal is a copy of the official findings and determination recently rendered by the Board of Appeals, the original of which has this date been filed with the Office of the Town Clerk. Please be sure to return to the Town Building Department for issuance of any permits and other approvals in writing as may be applicable. Please do not hesitate to call either our office (765-1809) or that of the Building Inspector (765-1802) if you have any questions. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN Enclosure By Linda Kowalski Copy of Decision to: Building Department Suffolk County Department of Planning DEPARTMENT OF PLANNING ~*~I~NTY OF SUFFOLK PATRICK G* HALPIN SUFFOLK COUNTY EXECUTIVE 360-5206 LEE E. KOPPI[LMAN DIRECTOR OF PLANNING August 18, 1988 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) which have been referred to the Suffolk County Planning Co~nission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) George R. Furse Dorothy M. Russell Esme & Nicholas Lagudis John R. Schreyer 3729 3730 3733 3736 Very truly yours, Lee E. Koppelman Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner VETERANS MEMORIAL HIGHWAY HAUPPAUGS, LI.. NEW YORK 11788 TRANSCRIPT OF HEARING 'SOUTHOLD TOWN BOARD OF APPEALS REGULAR MEETING OF THURSDAY, JULY 14, 1988 Appl. No. 3733 Applicant(s): ESME & NICHOLAS LAGUDIS Location of Property: 760 The Strand, County Tax Map ID No. 1000'30-2-84. Pebble Beach Farms, E. Marion Board Members present: Chairman Goehringer p. Goehringer Members: Grigonis, Douglass and Sawicki. ~d~sent: Doyen (due to poor weather conditions) Also Present: Victor Lessard, Building~Dept., Linda Kowalski, Z.S.A. Secretary and approximately persons in the a~dience. The Chairman'oPened the hearing-at~7:30 o'clock-p.m, and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a copy of a survey dated October 21, 1982 updated June 28,!983 indicating a one-sto~y frame house and garage. The applicant proposes to build a gazebo approximately 10 feet in diamter, approximately 13 feet high and approximately 12 feet from what we refer to as the line of the bluff or the lip of the bluff. And I see a figure of 78 foot 10 inches from the house which probably is the deck 0f the house in the rearyard. And I have a copy of the Suffolk County Tax Map indicating this and sur- rounding properties in the area. Is there somebody here who would like to be heard on behalf of that application? Mr. Lagudis. Could you use the mike sir. Just state your name for the record if you wouldn't mind. MR. LAGUDIS: My name is' Nick Lagudis. CHAIRMAN GOEHRINGER: Is the purpose of the gazabo mainly for aes- thetic~purposes? Will there be any lighting in it? MR. LAGUDIS: No sir. No lights, no electricity. CHAIRMAN GOEHRINGER: How is that fastened to the ground? Are there piers placed in the ground? MR. LAGUDIS: AS of now, no sir. CHAIRMAN GOEHRINGER: There is no piers. MR. LAGUD~S: If we have to put them in there, we will. CHAIRMAN GOEHRINGER: It's just sitting on cement blocks? Page 2~- Thursday, Jil4, 1988 Public Hearing - Esm~nd Nicolas Lagudis So~th01d Zonign Board of Appeals MR. LAGUDIS: It's sitting on the ground. CHAIRMAN GOEHRINGER: It's sitting right on the ground. I was up there. I looked at the... We,.of course, understand the place- ment of it. But.I was up there at 7:30 on ~Sunday morning. So I wouldn't bother you. But I looked at.the bluff from your next do~r neighbor's lot ra~her than bother you. I didn't see the ga- zebo~but we were concerned mainly about the erosion on the bluff. MR. LAGUDIS: There is no erosion. CHAIRMAN GOEHRINGER: No. It's pretty much,.. In situations like this; we just want you to put on notice or be aware of the fact, should say, that some day this thing can go over the top of the bluff and that's all we can tell you. But I'm sure you're perfectly well aware of that if something were to happen. MR. LAGUDIS: As long ~s it's not my house. CHAIRMAN GOEHRINGER: record? Is there.anything you'd like to state for the MR. LAGUDIS: I think everything is in the application. CHAIRMAN GOEHRINGER: Ok. We thank you for coming.in and we hope to have a decision for you shortly. MR. LAGUDIS: Thank you very much. CHAIRMAN GOEHRINGER: You're welcome. Is there anybody else who would like to spe~k in'favor of the application? Anybody like to speak against the application? Any questions from Board members. Hearing no further questions, I'll make a moti6n closing the.hearing reserving decision until later. Al.1 in favor - AYE. BY Nadia Moore APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR, SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11c:J'71 TELEPHONE (516) 765-1809 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of 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 free to 'call our office, 765-1809. Yours very tr~lv_.~ ~ G,,~.RAR~D Wp. 'GOEHR~NGER ~ CHAIRHAN Linda Kowalski Secretary and Board Clerk Enclosure 7 SuI~/~Y FOR NICK LAGUDI$ LOT N0.129 , " PEBBLE BEACH FARMS " · T E,~ST MAt~ION TOWN OF SOUTHOI D SUFFOLK COUNTY, NEW YORK ~/v*ai~z/_~. Southold Town Board of Appeals MAIN ROAD-BTATE RnAD 25 5rlUTHE}LD, L.I., N.Y. TELEPHONE (516) 765-1809 APPEALS BOARD July 14, 1988 MEMBERS GERARD P. GOEHRINGER, CHAIRMAN S . E · O · R . A . CHARLES GRIGONIS, JR. SERGE DOYEN, JR. NEGATIVE ENVIRONMENTAL DECLARATION ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Notice of Determination of Non-Significance APPEAL NO.: 3733 PROJECT NAME: ~ME & NICHOLAS LAGUDIS 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: [X] Type II DESCRIPTION OF ACTION: Locate accessory 100 feet of the top of bluff along L.I. Sound LOCATION OF PROJECT: particularly known as: 1000-30-2-84 [ ] Unlisted [ ] (gazebo) structure within Town of Southold, County of, Suffolk, more 760 The Strand, East Mariqn, NY 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) ~he relief requested is a setback variance as regulated by Section 617.13, 6 NYCRR, SEQRA. FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowalski, 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. Tax Map Parcel No. 1000-94-1-6. 7:40 p.m. Appl. No. 3736. ~ SC~y~ Vafian~ to · e ~g Ordnance, Article XI ~ c~stm~ ~ addi~on wi~in ~o f~t of ~ead ~g Pe~c Blue Marlin Drive, Southold Shores Subdivision Lot #2, Green- port, NY; County Tax Map Parcel No. 1000-56-7-20. 7:45 p.m. AppL No. 3738. to the Zoning Ordinance, Asticle ~I. Section 100-31, for permis- sion to eXtend garage located in the fromyard ama and attach same to existing dwelling, and to 560 Oak Street, Cutchogue, Ny; Lot #24 and one-half of #25, Map of Eugene Heights; County Tax Map Parcel No, 1000-136-1.44. , 7:50 p.m. AppL No. 3743. ~ORTH FORK GI~EEK COMMU~- Nrrx Asso~ ~vc_. Exceprion to the Zoning Ordi- 30B for permission to expand building for a P/ace of Worship at premises known as 1950 Luthers Road, Matfituck, NY; County Tax Map Pentel No. 1000-106-9-6. L 8:00 p.m. Appl. No. 3737. 8:05 p.m, Appl. No. 3741, DOUGLAS AND EIJ~ABETH ~ LAN~ Variance to the Z,ming Or- dinance, Article ~[, Section 100- 31, Bulk Schedule, for pen~nission to construct addition with an Ceunty Tax Map Parcel No, 1000- Ordin~.~e, Article Hi, Sccmion 100- ~ Special Ex- pile yard, at p~mises located sioa8 Ibe ',vest side of Cox~.ane, ~Cutchogue, NY; Coun,.y tercel No. 1000-84-03.5 ~ - 8:25 p.m. Appl. N~;. 3'~5, -~]kiY_l~g.,~ Vmiance for ap- proval of access in accordance with New York Town Law, Sccfio. 280-a over private right-of-way located along the east side of Cedar Beach l~ve (just ~outh of General Wayne Inn) and extending in an easterly and thence southerly direction to parcels identified on the Suffolk County Tax Maps as No. 1000-90-4-14 and 19. 8:35 p.m. AppL No. 3749. sSXERLINO IDEA VENTURES. Variance to the Zoning Ordinanc~ Article VH, Sectio~ 100-71, Bulk S~bedule for approval of insuffi- ctent rearyard setback from the nonbedy property line for pro- posed principal building, at premises known as 46025 C.R. 48, Southold, NY; County Tax Map Parcel No. 1000-55-2-18.1. B-I General Business Zone District. The Board of Appeals will at said time and place hear any and aU persons or representatives de- siring to be heard in each of the above matters, Written comments may als? be sul~dtt~.l~or to the conclusmn of the subject hea~ng. Each hearing will not start befor~ the time aEoned. For more infor- marion, please caU'765-1809. Dated: Sune 27, 1988. BY ORDI~ OF /:o of Mattituck, in ~m, ~ays that ha/she is Principal ~E$, a Weekly Mewspaper, ie Town of Southold, County of gk, and that the Notice of whloh y, has been regularly published in ach week for ] weeks 19 on the 30 day of Principal Clerk No. 4849860. · ,,;¢)[ I(T ()i' III'AI~I~(~"; NOII(I I~I{I:RI:I)Y Iht I0%1~ ol N,.m~lmld, Ih~ b~ Ih~ SIIUIlIIiI.D I~().'%~1) 01' APPI'AIS at a I IIU R~D.&Y, .1~ 'IY 14, 19~ al,~ I A( il DIS, Varianc~ in~ ()rdimm~c,::~tidu ~ h till alon~ tlw~.l. Sot lid. ,Slrand, pcbbk I~adl I.arms I)1~() AND IY%N ,uu~ d~ addilion, kmdin~ Avenue, Mattituck, NY; Coun- ty Tax Map Parcel No. 1000-94-1-6. 7;40 p.m; Appl NO, r 3736. JOHN R. S(~HREYER. Vatt~ce to the 'Zonip~r- din~ge, Article XI, Section '1~19.2 for ~ssion to con- stru~ deck a~di~ion within 75 feet of bulkhead along Peconic Bay, at premises known as 160 Blue Marlin Drive, Southold Shores Subdivision Lot No. 2, Greenport, NY; County Tax Map Parcel No. 1000-56-7-20. 7:45 p.m. Appl. No. 3738. GEORGE BORNSCHEIN. Variance~ to the Zoning Of dinance, Article 'i11, Section 100-31, fo~4L-rmission to.-mtend garage.ioeated in the frontyard area and at~ach ~ tO existing dwelling, and to coust~.ct addi- tiom to squa~ off tTmr of dwell- ing in exeess of~maximum- p/rmitted lot corse ,~quire- meat, a~ ~es known as 560 Oak Street,'Cutcho~U~ NY; Lot No. 24 and one-half of No.25, Map of Eugene Heightg; Coun- ty Tax Map Parcel No. 1000-136-1-44.B! 7-~ne District. 7:50 p.m. Appl'; No. 3743. NORTH FORK GI~EK COM- MUNITY A,~O~CIAT1ON, INC. Speci~ Exception to the 7_~,,'.tfing O ~rdl~, ce, Article [I1, ~on 100~1~ forP~rmissin~ to,expand ~uikiing for a Place o{' Worship:~it premises known asl~1950 Luthers Road, Mat- truck. NYi;,Oounty ~ Map Parcel No. 1000-106-9-6. L 8:00 p.mi~. Appl. No. ~ JOI~TN ' ,sAND JO.~N POLYWODA.,.Variimce' to the zoning vn, Section 100~1' ~O construct 11'6" X 36' addition (for storage) with an insufficient sideyard setback at the westerly yard area, at premises known as 55560 Main Road and 20 · Hobart Road, Southold. NY; County Tax Map Parcel No. 1000-62'-3-2. $:0S p.m. Appl. No. 3741. DOUGLAS AND ELIZABETH WHELAN. Variance :,to the Zoning Or- dinance, Article 111. Section 100-31, Bulk Schedule, for per- mission to construct addition with an insufficient setback at thc easterly side of eyastmg~s~ dwelling which has been dete~- mined by,the Building lnspec~T to be ffontyard area,.at premises known as 1145 Old Harbor Road, New Suffolk, .I}IY; Coun- ty Tax Map Psrcle No. 1000-117-03-8. 8:10 p.m. Appl. No. 3748. JAMES'. AND ELAINE KELEMB'ELIDIS. Variance to the Zoning' Ordinance, Article III, Section 100-31, Bulk Schedule, for permission to ex- tend deck with an insufficient rearyard seflgack, at premises known as 395 Dogwood Lane, Southold, NYi:County 'lhx Map Parcel No. 1000-54-5-28.1. ' ,:<~ 8:15 p.m. AppL No. 3742. OLIVER CAMPBELL. Special- Exception to the Z4~ng Or-' dinance. Article 100-90A for permission to con,- struct principal building for storage purposes in this C-I In- dustrial Zone District in con- junction with sand and stockpile yard, a~ premises locat~along the west'side of Cox L~e, Cut- chngl~... NY; Co,&~ Tax Map .. loo0- o3- .. ~H i~PIIIP/~II~i~/JOHN ~.W. CAMPlll~:'Varian~ ~or with'l~w Ym'k ~T,,aw, Sec- ~/ton' ~04"ovei~fivate right-of- Way located along the east side 9f Cedar Beach Drive (just south of General Wayne inn) and mdingin an easte~and theade ,southerly direct/~a.',ito parcels identified on the.~ffolk County Tx Maps as .NO. 1000-90-4-14 and 19.. 8:35 p.m. Appl. No~' 3749. STERLING IDEA VEN- TURES. Variance to thc Zo ..n~ng Ordinance, Article Vll/~ectibn 100-71, Bulk Schedule ~r ap: proval of insufficient r~'yard setback from the northerl~ pro- perry line for proposed priflctpal bnildi~i~, at premises known as 4602~ C.R. 48CSouthol~!, NY; C0hn~ty .~'gax Map Pamel No. 1000-5~2-18.k B-I Oaneral ]~lsiness~Zone .l~ist rict. The l~iard ~' Appeals wl~ at said tint,nd p/lice hear any and all pers~s or. represetltatives desiring to be heard ,in ~u:h of the above mattea'a. W~tm com- ment~ nIa~ also i.~}ul~itted pr~Or ~) tlie c~l~n bf the sul~jeCt hearin~ ~F.,a,.ih hearing will not s~trt before the time allotted. F~r more information, please call ~,.~TED; J.u~e 27, 1985 ~" ~ ~"oRDER ~}F THE "" "~O]F.;D TOWN ·OERARD P. OOtRIIRINOER, CHAIRMAN Linda Y, gwalski, ' ~ Board ~cfctary ';'" :r IT-6/30/88(9) COUNTY OF SUFFOLK 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 Traveler-Watchman once each week for .................... .~.. .... weeks successively, commencing on the ........ g-..~.~...'~ ....... dayof ..... .... Sworn to before me this ......... . .~.~.d. ~ .... day of ....... . .~.~..,:,-~. ........ ~9 Notary Public i~AI~ARA FOI~F_.S Notre? Public, ~ of N~w ~k Mailing List Legal Notice of Hearings for 7/14/88 Southold Town Board of Appeals Copies mailed to the foll6wing on or about 6/28/88: Mr. Nicholas C. Lagudis 760 The Strand East Marion, NY 11939 Mr. and Mrs. Dino Rossini 755 Soundview Avenue Mattituck, NY 11952 Mr. and Mrs. John R. Schreyer One Wilton Ct. Great River, NY 11739 Mr. George Bornschein 1750 Stevens Avenue North Merrick, NY 11566 Mr. Gordon Ahlers P.O. Box 6 Jamesport, NY 11947 Mr. Andreas Markakis North Fork Greek Community Assn. 1950 Luthers Road Mattituck, NY 11952 I)lC . Mr. and Mrs. John A. P.O. Box 234 Southold, NY 11971 Polywoda Mr. Joseph Henry (as agent for Douglas J & R Home Improvements Box 314 Greenport, NY 11944 Mr. Merlon Wiggin, President Peconic Associates, Inc. One Bootleg Alley Greenport, NY 11944 (for O. Campbell) Paul A. Caminiti, Esq. Box 992 Main Road Southold, NY 11971 (for O. Campbell) Mr. Joseph Spitaliere 9 Noel Place Smithtown, NY 11787 Mr. Garrett A. Strang, R.A. Main Road, Box 1412 Southold, NY 11971 as Agent for Sterling Idea Ventures Whelan) Mr. and Mrs. Douglas Whelan 16-232 Deer lake Road Derwood, Maryland 20855 Mr. Hank Rienecker P.O. Box 755 Cutchogue, NY 11935 Mr. Chester Wilcox Wilcox and Son (Agents 130 Sixth Street Greenport, NY 11944 for Kelembelidis) JUDITH T. TERRY OFFICE OF THE TOWN CLERK TOWN OF $OUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1801 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Dated: May 11, 1988 Transmitted herewith is Zoning Appeal NO. 3733 , application of Esme & Nicholas lacjudis for a variance. Also included is: Notification to Adjacent Property Owners; Short £nvironmental 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 Southold Town Clerk BOARD OF APPEALS· TOWN OF SOUTHOLD ~n the Matter of.~he Petition of/~ . 1~o the Board of Appeals of the Town of Southold : YOU ARE HEREBY GIVEN NOTICE: NOTICE TO ADJACENT PROPERTY OWNER 1. That~l,,i'"'"'~ intention of the undersigned to petition the Board of Appeals of the Town of Southold to request~'~ariance/JJ(Special Exception) (Special Permit) (Other) [circle choice] I. 2. That the pro, p"~rty which is the subje.~ of the Petition is J~cated,~adia, eent to y~ur proRe~_nd~is.d, es-.~ir ._.~ cribed as follows: /~ ~ ~ ~ ~ ~/~ ~ ~/~[~~ I 3. That the property. ~Khich~is ~._he s~lbject of sush Pet~io,~ is located in the following /~/'~,9 ,~(~ ~9..~ -. (~ zoning district: hat by/such Petition, the undersign~ed will r.~cluest the foLlowing/relief: ~ /. /' 5. That the provision~f.the Southoid Town Zoni~.g,.C~od~applicable to the relief sought by the under- signed are Article ~-~/__ Sectic~. l* '1 Section 2~--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 flied in the Southoid Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Petitioner Owners'Names: Post Offir, e-~ddress ~- - ~ ~ / Te,. ,o. [Copy of sketch or plan showing proposal to be attached for convenience purposes.] PROOF OF MAltING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS P 686 165 414 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) Street and No. 70 st T%%c°de Certified Fee Spec{al DeHvew Fee Restricted Delivew Fee Return Receipt Showing to whom and Date Delivered Return r~eipt showing to whom, Date, and Address of Delivew Post~a~~ STATE OF NEW YORK ) . COUNTY OF SUFFOLK ss.: , , being duly sworn, deposes and says that on'the of . deponent mailed a true copy of the Notice set forth on the re~ vers~ side'hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the'current assessmentar, ell o.f the Town of Southold; that said Notices were mailed at the United States Post Of. f~.~ar-% ~"~-?-//"~./;.-~ ; that said Notices were mailed to each of said persons by ~ (refl~d) mail. i (This side does not have to be completed on form transmitted to ~djoining property owners,) BOARD OF APPEALS. TOWN OF SOUTHOLD /tnt, he Matter or' the Petition.el : to the Bo,rd 'of ~/ppea,~ of the ~ow~ of Southold YOU ARE HEREBY GIVEN NOTICE: NOTICE TO ADJACENT PROPERTY OWNER 1. That~,.i~e intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a/~arian~) (Special Exception) (Special Permit) (Other) [circle choice] I. 2. That the p~perty.,which~i_~s the subject of the P.etitio~ is 1.6cated. adja_c~.nt L~.~,our_pr_operty a~d is des;/,~ cribed..A~ follows:.~ ~;~/.-~' ~----~'.~.~2'~.~.,~ "/'ac;r..//~' /t~9~'a6/_..fd~d/--;~'~ 3. T.hat the pronerty whi.~h is,%he,~ubject of such Petition is located in the following zoning district: ~ 4, ~hat b~ such Petition, the undersigned will req~st the following rel~f: __ ~ ~/ '- z ' ' '- ' - --- - '- t'J .... ' ' ...... 5. That the provisions of the Southold Town ~o~ng_Code applicable to the relief sought by the under- signed are ~cle ~ ~ //~ [ ] Section ~otk Town Law for approval of access ove~ ~ght(s)-of-w~. 6. That within five days from the date hereof, a written Petition requesting the relief s~cified above will be filed i. lhe Southold Town Clerk's Office at Main Road, Southold, New York and you may lhen an4 there examine the same during regular office hours. (516) 76~1809. 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 ~ht' to appear and.be heard at such hearing. / 'I [Copy of sketch or plan showing proposal to be attached for convenience purposes.] PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS P 686 165 413 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVER^GE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) St/eet and No. Special Deliveu Fee Restricted Delive~ Fee Return Receipt Showin~ ~o whom and Date Delivered ~eturn receip~ showing to whom, Date, and Address of Deliveu TOTAL PO Postma~ STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: · ./1/~;~J ~/~--~ //?--.~ _~ . being duly sworn, deposes and says that /or~ the //~'E day / of ' /J//~. ,19 ~ , deponent mailed a true copy of the Notice set forth on t.he re-' verse sid~ hereof, directed to each of the above.named persons at the addresses set opposite their respectwe names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current ~l.~essment~/gll of the Town of $ou thold; that said Notices were mailed at the United StateS Post Of- ~ ~9~7-'/Y/~;^~ ;thatsaid Noticesweremailedtoeachofsaidpersonsby c~tified~]~gi~eeed~mail. /- ', ~' ~. '\ ~ . Sworn to beJell'e ~e this:' //' ~' ~' ~ day~,f~ /y/I~I,~ ~"'1/', ,19 '~ I / '%'~.~ ~/, .~ ~e, / . N0. ~15, Surfak C~ Term Expires ~p~m~ ~, 1~ (This side does not have' to property owners.) be completed on form transmitted to a'djoining I' PROJECT I.D. NUMBER 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I~PROJECT INFORMATION (To be completed by Applicant or Project sponsor) · 1. APPL.~AN]'/S~ONSOI~' f, /' /t~ ~-, , 4, PREC,SE LOCATION (Street ad,ress and t~ad inters~cti~ine~t 5 S PROPOSED ACTION: ~New ~ Exoansion ~ Modification/alteration landmarks, etc., or provide map) SEQR 6. DESCRIBE PROJECT BRIEFLY: 7. AMOUNT OF LAND AFFECTED; Initially acres Ultimately acres 8. WILL PROPOSED CTION COMPLy WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS'~ D Yes ~.N~o I! No, describe briefly 9. WH IS PRESENT LAND USE IN VICINITY OF PROJECT? ~sidential [] Industrial [] Commercial [] Agricugure [] Park/ForestJOpen space [] Other [Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)~' [] Yes /~-NO If yes, list agency(s) and permitlapprovals / 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLy VALID PERMIT OR APPROVAL? DYes [] No If ye~, list agency name and permit/approval AS A RESULT ROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ]Yes o I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE If the action is in the Coastal Area, and you are a state agency, complete the I Coastal Assessment Form before proceeding with this assessment OVER I (Continued on reverse side) The N.Y.S. Environmental Quality Review Act requires submission of this form, and an environmental review will be made by th~s board before any action is taken. SHORT ENVIRONMENTAL ASSESSMENT FORM INSTRUCTIONS: (a) In order ~o answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered NO it is likely that the project is not significant. (d) Environmental Assessment 1. Will project result in a large physical change to the project site or physically alter more than 10 acres of land? ~Yes 2. Will there be a major change to any unique or unusual land form on the site? Yes 3. Will project alter or have a large effect on an existing body of water? Yes 4. Will project have a potentially large impact on groundwater quality? Yes 5. Will project significantly effect drainage flow on adjacent sites? · Yes ~ 6. Will project affect any threatened or endangered plant or animal species? Yes ~N~ 7. Will project result in a major adverse effect on air quality? Yes 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 ~No~ 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontologiuul importance or any site designated as a critical envircamental area by a local agency? Yes 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 systems? Yes 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? __Yes ~N~ 13. Will project have any impact on public health 14. Will project affect the existing community by directly causing a growth in permanent popula- tion of more than 5 percent over a one-year Yes period or have a major negative effect on the " charact~ of the community or neighborhood? 15. Is there public controversy concerning the ~reparer' ~ Signature: Representing: ZBA ~/75 QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED WITH YOUR APPLICATION FORMS TO THE BOARD OF APPEALS Please complete, sign and return to the Office of the Board of Appeals with your completed application forms. If "Yes" is answered to any questions below, please be sure to depict these areas on your survey (or certified sketch), to scale, and submit other supporting documenta- tion. 1. Are there any proposals to change or alter land contours? 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.) b)Are there any areas open to a waterway without bulkhead? 3. Are there existing structures at or below ground level, such as patios, foundations, etc? 4. Are there any existing or proposed fences, cDncrete 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. If project is proposed for principal building or structure, is total height at more than 35 feet above average ground level? State total: ft. 7. Are there other premises under your ownership abutting this parcel? If yes, please submit copy of deed. Are there any building permits pending on this parcel (or abutting land under your ownership, if any)? State Permit # and Nature: Yes Yes ~ Yes YesO Yes~ Yes O Yes ~ Yes ~ Yes ~ 10. Do state whether or not applications are pending concerning these premises before any other department or agency (State, Town, County, Village, etc.): Planning Board Town Board Town Trustees County Health Department Village of Greenport N.Y.S.D.E.C. Other Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale. (from contract) Yes N~ Yes ~N~ Yes Yes Yes Yes~ Yes Yes 11. Is new construction proposed in the area of contours at 5 feet or less as exists? Yes 12. If new construction is proposed in an area within 75 feet of wetland grasses, or land area at an eleva- tion of five feet or less above mean sea level, have you made application to the Town Trustees for an inspection for possible waiver or permit under the requirements of Ch. 97 of the Town Code? Yes 13. Please list present use or operations conducted upon the subject property at this time and proposed Please submit photographs for the record· I certify that the a~ve statements are true and are being submitted for reli~ce by the~.of >ppeals in considering my application· ~l~- ~,,~pe~ Owner) (Authorized Agent) 1/88 WETLANDS [Amended 8-26-76 by L.L. No. 2-1976; 3-26- 85 by L.L. No. A. TIDAL WETI,ANDS: (1) All lands generally covered or intcrmittc, ntly coy. ered with, or which bord~,r on, tidal waters, or lands lying beneath tidal waters, which at mean Iow tide are covered by tida waters to a maximu~n depth of five (5) feet, including but not limited to banks, bogs, salt marsh, swamps, meadows, flats or other low lying lands subject to tidal action: (2) All banks, bogs, meadows, fiats aod tidal marsh subject to such tides aad upon which grows or may grow some or any of the following: salt hay, black grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, gronndsel, marshmallow and Iow march cordgrass; ami/or (3) All land immediately adjacent to a tidal wetland as defined in Subsection Ai2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. FRESIIWATER WETLANDS: (I) "Freshwater wetlands" as defined in Article 24, Ti- tle 1, § 24-0107, Subdivisions l(a) to 1(d) inclusive, of the Environmental Conservation Law of the State of New York; and (2) All land immediately adjacent to a "freshwater wet- !and," as defined in Subsection B(1) and lying ~vith- m seventy-five (75) feet landward of the most land- ward edge of a "freshwater wetland." 9705 L~W V'i:R BEFORE SIGNING YHIS INSTRUMENT--THIS INSTRUMENT SHOULO Bi USID BY LAMfYEBS THlq INDENllJRE, made the BETWEEN I¢ day of February , nineteen hundred and eighty :7 ' - KENNETH A. DEEGAN residing at 120 Main Street, Huntington, pamyofthefirst part.~d New York ~~ ~4t-CK LAGUDIS and ESME LAGUDIS/.,~%~ residing at 2101 East 73rd Street. Brooklyn. New York' my of the s~ond ~, W~ETH, that the ~ny of the first ~. in eo~id~6on of Tm Doll~rs ~d other ~ble ~de~fi~ ~id by the,party of the second pa~, does hereby grot ~ rel~se unto the ~ of ~e s~nd ~, the ~rs or sumessors and assi~s of the pa~y of the second pa~ forever, A~ ~t ce~ain plot, pi~e or ~rcel of land, with ~e buildings ~d improvements ~er~n e~, s[~ lyi-,g~d~ingi~ at East Marion, in the Town of Southold, County of Suffolk and State of New York, known and designated as Lot No.129 on a certain map entitled, "Map of Pebble Beach Farms, East Marion, Town of Southold, Suffolk County, New York" and filed in the Office of the Clerk of the County of Suffolk on June 11, 1975 as Map No. 6266. SUBJECT to the provisions of a Declaration recorded in the Suffolk County Clerk's Office on June 11, 1975 in Liber 7855 at page 09 as amended by Liber 7914 page 40 and Liber 7969 page 272. BEING AND INTENDED TO BE the same premises conveyed to the party of the first part by deed dated April 1, 1976 and re- corded iii the Office of the Clerk of the County of Suffolk in Liber 8014 page 494 on April 8, 1976. Together with all rights in Eas~ement in Deed recorded in Liber 8546 Page 532. SUBJECT to a first mortgage held by Equitable Federal Savings and Loan with a principle balance of $15,378.37. TOGETItER with all right, title and interest, if any, of the party of the first part of, in and to any str~t~ and roa?s ,a, bu, tting the ab, ',c al?crib, cd preufises to the center lines, thereof; TOGET .HER with the &ppurt~me~ ann a. me estate am: ngnta ut the party of the first part ~n and to said pr~ms~s; TO HAVE AND TO I-tO[.D the premise~ hereto g,anted unto the party of the second part, the heirs or successors and asai~ss of the party oi the second part forever. AND the party of the first part, in compliance with Section 13 of the Lien Law, cov~ant~ that th~ pas~.~ the..first part will r.ecei.ve the consi.d.e?t, ion for this conveyance and will hold tl~ right ~ r~:~ive such ~amaido era.on aa a trust tuna to oe app,ien nrst lor the purpose of paying the ens~ of thc tmpro~ement ~gl will apply the same first to the payment of the cost of the improvement before using any part of the total of th~ same for any other purpose. The word "party" shall be construed as if it rezd "parties" whenever the sea,se of this indentur~ ~o r~luir~a. IN.WITNESS WHEREOF, the party of the firs~ part has duly cxecutet this deed the day and y~r fira~ ahoV~ written. ~ STAT~ OF N~W ~fOIU~ COUNTT OF SUFFOLK SS~ On the /4 ~ay of February 1980 , be[ore me personally came Kenneth Deegan to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the ~une. ~IOTARY PU[~LI~,~ §~te rf Zew York N0. 52 4634474 ~,ommlssion hi,ires ~,~arch 30, 191{_Q_ STAI~ OF N~W YORK, COUNTY OF SS: On the day of 10 , b(.for~ me personally came to me known, who, being by me duly sworn, did depose and .say that he resides at No. that he is the ; of , the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to laid I'hstrument is such corporate seal; that it was so affixed by order of thc board of d;zcctur~ of said corpora- lion, and that he signed h name thereto by like order. STATE OF NEW YORK, COUNTY OF ~: On the da)' of 19 , before n,e personally came to me known to be the individual described in and who executed the foregoing instr,.nent, and acknowledged that executed the same. STATE OF NEW YORK. COUNTY OF ~: On the day of ],l , before me personally came the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who. being by me duly sworn, did depose and say that he resides at No that he knows ; to be the individual described in and who executed the foregoing instrument; that he. said subscribing witness, was prr~ent and ~::. execute the same; and that he, said witness, at the same time subscribed h name as witness thereto. ~ar§ula nab ~le WITHOUT COVENANT AGAINST GRANTOR'S ACTS Ti~L£NO. 7908-03649 KENNETH A. DEEGAN TO NICK LAGUDIS & ESME LAGUDIS, his wife STANDARD ~OI[A~ OF NEW YORK BOARD OF TITLE UNDERWRITER5 GUARANTEED Tm.E DWISION TITLE RETIHRN BY MAIL TO: MILTON A. LEVAS, ESQ. 31-17 Ditmars Boulevard Astoria, New York Z, So. 11105