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Home My WebLink About3637Southold Town Board of Appeals MAIN I~OAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 ACTION OF THE ZONING BOARD OF APPEALS TELEPHONE (516) 765-1809 Appeal No. 3637 Application Dated May 20, ]987 TO: Char]es Ka@0te$, M.D. 220-40 64th Avenue Bayside, NY 11364 [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on June 30, ]987, the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [ ~ Request for Variance to the Zoning Ordinance Article III , Section 100-31 (100-32 [ ] Request for Application of C. KAPOTES AND A. HOMAYUNI for a Variance to the Zoning Ordinance, Article III, Section 100-31 (100-32) for permission to construct deck addition to dwelling with an insufficient frontyard setback from Soundview Avenue. Location of Property: East Side of Goldin Avenue and south side of Soundview Avenue, Southold, NY; County Tax Map Parcel ID No. 1000-135-2-22. WHEREAS, a public hearing was held and concluded on June 18, 1987 in the Matter of the Application of C. KAPOTES and A. HOMAYUNI under Appeal No. 3637; 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. By this application, appellants request a Variance from the Provisions of Article III, Section lO0-31 (100-32) of the Zoning Code for permission to construct deck attached to the dwelling along the north side of a size 12 feet by 60 feet, leaving an insufficient frontyard setback off of Sound View Avenue at its closest point at 13.5 feet. 2. The premises in question is a corner lot with frontages of 109.83 feet along Sound View Avenue and lO0.O0 feet along the east side of Goldin Lane, having an area of 10,500± sq. ft., and referred to as Lot 4, part of Lots 8 & Map of "Subdivision of Property Nathan Goldin" filed in the Suffolk County Clerk's Office November 22, 1932 as Map No. 1106. (CONTINUED ON PAGE TWO) DATED: June 30, 1987. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appeal No. 3637 Matter of C. KAPOTES AND A. HOMAYUNI Decision Rendered June 30, 1987 3. The subject premises is located in the "A" Residential and Agricultural Zoning District and is improved with a 1408± sq. ft. one-story dwelling structure constructed about 1959. 4. For the record, it is noted that by prior applica- tion under Appeal No. 135, this premises received a conditional approval to construct a duplex with outside dimensions not to exceed 74 ft. by 20 feet four inches, and with a setback distance of not less than 26 feet parallel to Sound View Avenue, dated February 5, 1959. 5. Article III, Section lO0-31, Column "A" of the Bulk Schedule of the Zoning Code requires minimum frontyard setbacks at 35 feet. (Section 100-32 is not applicable since this addition does not fall under the definition of "accessory." 6. The percentage of relief requested is 60% (21.5 feet) from the requirements, and 50% (12 feet) from the established 26± setbacks in the immediate area. 7. The Courts have held that area setback variances must meet the "practical difficulties" standard, considering at least the following: (a) that the relief requested is not substantial in relation to the requirements; (b) that the project as proposed is not out of character with the neigh- borhood; (c) that the circumstances of the property are unique and are not personal in nature; (d) that the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town; (e) that the variance requested is the minimal necessary; (f) that there is no other method feasible for appellants to pursue. 8. This Board sympathizes with petitioners' plight, however, the Board finds that the criteria set by the Courts has not been sufficiently met and therefore lacks authority to grant the relief as requested. 9. The Board Members recommend a lawn patio or similar type of patio area flush with the ground and in compliance with the Zoning Code as an alternative, subject to approval by the Building Inspector, without the necessity of a variance for a structural extension. In considering this appeal, the Board also finds and determines: (a) the percentage of relief requested is substantial; (b) the circumstances of the property are not unique; (c) the setbacks as proposed are not within the character of the neighborhood or within the spirit of the zoning ordinance; (d) there is another method feasible for appellants to pursue other than a variance; (e) that the relief requested is not the minimal necessary; Page 3 - Appeal No. 3637 Matter of C. KAPOTES AND A. HOMAYUNI Decision Rendered June 30, 1987 (f) that in view of all the above factors, the interests of justice will be served by denying the relief as applied. Accordingly, on motion by Mr. Douglass, seconded by Mr. Sawicki, it was RESOLVED, to DENY the insufficient setback as requested at 13.50± feet from the front property line along Sound View Avenue for a proposed deck extension as applied in the Matter of C. KAPOTES AND A. HOMAYUNI under Appeal No. 3637. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen of Fishers Island was absent.) This resolution was duly adopted. lk GERARD P. GOEHRINGER, ~AIRMAN July 14, 1987 I CEIVED AND FILED BY THE SOUTHOLD TOWN CT.~.RK DATE ~/~:~?. HO~L~ ~ Town Clerk, Town of Southold NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Towr Law and the Code of the Town of Southold, the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting at the Southold Town Hall, Main Road, Southold, New York, on THURSDAY, JUN.E..l.8~'l'987, at the following times~ 7:35 p.m. Apol. No. 3605 TED DOWD, Variance for Approval of Access pursuant to New York Town Law, Section 280-a, over a private right-of-way located off the north side of the Main Road, Southold, and extending co the applicant's premises, identified on the Suffolk County Tax Map as District 1000, Section 56, Block l, Lot 5.1 (5), containing 7.3± acres. 7:40 p.m. Appl. Noo 3632 Rehearing on Amended Application of NORTH FORK EARLY LEARNING CENTER. Variance to the Zoning Ordinance, Article III, Section lO0-30(A) to permit the estab- lishment of a Day-Care Center, at premises referred to as the Veterans Community Center, north side of Pike Street, east side of Wickham Avenue, and south side of Hill Street, Mattituck, NY; County Tax Map Parcel ID No. 1000-140-2-39, containing 1.75± acres. ,/ 7:45 p.m. Appt. No. 3637 - C.' KAPOTES AND A. HOMAYUNI. Variance to the Zoning Ordinance, Article III, Section 100-31 (100-32) for permission to construct deck addition to dwelling with an insufficient frontyard setback from Soundview Avenue. Location of Property: East side of Goldin Avenue and south side of Soundview Avenue, Southold, NY; County Tax Map Parcel ID No. 1000-135-2-22. 7:50 p.m. Appl. No. 3641 BRETT AND JANET KEHL. Variance to the Zoning Ordinance, Article III, Section lOO-32(A) for approval of the construction of an accessory building with height in excess of max]mum 18-feet, or in the alternative, Article III, Section lO0-31(A) for permission to construct addition to dwelling with an insufficient sideyard setback. Location of Property: 5500 Main Bayview Road, Southold, NY; County Tax Map Parcel ID No. 1000-78-4-32. Page 2 Notice of Hearings Southold Town Boare of Appeals Regular Meeting of June 18, 1987 7:55 p.m. Appl. No. 3634 RI_CHArD' F. MULLEN, JR. Variance to the Zoning Ordinance, Article XI, Section lO0-119.1(A) for permission to erect fencing in the frontyard area with a maximum height of six feet. Location of Property: East Side of Cottage Place, Southold, NY~ County. Tax Map D~str~ct lO00.~ Section 62, Block 3, Lot 19. · 8:05 p.m. Appl. No. 3412 as Amended - WILLIAM MOORE and BENJAMIN HERZWEIG. Variances to the Zoning Ordinance, Articles: (a) XI, Section 100-119.2 for an insufficient setback from wetlands area, and (.b) III, Section lO0-31 for an insufficient frontyard setback, for a proposed single-family dwelling structure at premises known as 675 Meadow Lane, Mattituck Estates Map #4453, Lot #42, Mattituck, NY~ County Tax Map District 1000, Section 115~ Block 05, Lot 007, containing .51± acre. 8:20 p.m. Appl. No. 3629 (To be reconvened) IRWIN AND SONDRA THOMPSON. 8:30 p.m. Appl. No. 3543 PETE~AND BARBARA HERZ. (To be reconvened) - 8:40 p.m. Appl. No. 3640 FRANK AND EDITH SAWICKI. Variance for approval of insufficient width of three parcels in this pending Minor Subdivision, each having a minimum lot area of 80,000 sq. ft. Location of Property: north side of C.R. 48 (a/k/a North Road), Southold, NY; County Tax Mao Parcel ID No. 1000-51-3-12.1, containing 15± acres. 8:50 p.m. Appl. No. 3625 ~DGE CORP. concluding hearing. (No oral testimony.) Reso'ution 8:55 p.m. Appl. No. 3638 JAMES AND MARY TYLER. Special Exception modifying Appl. No. 3400 to permit vehicle doors facing street side as constructed in this establishment of a public garage under Article VII. Section 100-70(B)[4] of the Zoning Code. Location of Property: 6795 Main Road, LaUrel, NY; Mattituck Holding Co'. Minor Subdivision Lot #3; County Tax Map District 1000, Section 125, Block 1, Lot 19.6. Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of June 18~ 1987 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 ~nformation~ ~lease call 765-1809. Dated: May 21, 1987. BY ORDER OF THE SOUTHOLD TOWN B~ARD DF APPEALS GERARD P. GOEHRINGER~ CHAIRMAN Linda Kowalski, Board Secretarly ~otice to Newspapers: Please publish once, to wit, June ll, 1987 and forward two affidavits of publication to: Board of Appeals, Ma~n Road, Southold~ NY 11971 on or before June 15th. Thank you. FORM NO, 3 TO~N OF SOUTHOL~ BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ Date....~..~....././ ........... 19 .~..~.. ~,~.~.~.. ~. ~, .......... ' ~...~.....~?.a~.q ..... Location of Property ... ~ ~ ~... ~ ~ ~.~ ........... House ~o. Street Hamlet County Tax Map No. 1000 Section . .'~ ~.~ ..... Block .... ~. ~ ..... Lot ...~ ...... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on tile following grounds , .EO-~... '..~'.~...a..~.., .~4..~. ( '.'-d~.. !.~_-.g ~ % .-~...~. ;...~. % ~..~..-~.....d. ~ ................ Building Inspector Examined ................. i9... .' om =<-:... TOWNOFSOUTHOLD CHECK~ff~-'.~.-' BUILDING DEPARTMENT S~[C ~H. ~ ....... ..... : TOWN HALL NOTIFY TEL.: 7~8-~80~ CALL AZn XO: Approved . ............... 19 ... Permit No ............ Disapproved a/e'. .................................... (Building Inspector) APPLICATION FOR BUILDING PERMIT BLD, G. DE?T Date ................... 19 INSTRUCTIONS a. Tiffs application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, wit sets of plans aceur,ate plot plan to scale. Fee according to schedule. :':: b. Plot plan showing location of lot and of buildings on premises relationship to adjoining premises Or public str !; or areas, and gJvmg a detailed description of layout of property must be drawn on the diagram which is part of this ap ?cation c. The work covered by this application may not be commenced before issmmce of Building Permit. ~- d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such pe~ shall be kept on the premises available for mspect~on throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupa shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the ~ssuance of a Building Permit pursuant to Building Zone Ordinance of the Town of SOuthol~d, Suffolk County, New York, and other applicable Laws, Ordinance Regulations, for the construction of buildings, additibns Or alterations, or for removal or demolition, as herein descril .The 'al~plicant agrees to comply with ali applicable laws, ordinances, building code, housing code, and regulations~ ant .... ad. mit autlsorized ~spectors on premises a~d in building for necessary inspections. (Signature of applicant, or name, if a corporation) (Mailing address of applicant) //J~ State whether applicant is owner,, lessee, agent, architect, engineer, general contractor, electrician, plumber or built Name of owner of premises .................................................................... (as on the tax roll or latest deed) If applicant is a corporation, signa,ure of duly authorized officer. (Name.and title of corporate officer) ALL CONTRACTOR'S HUST~ILF~,SIJgFOLK COUNTY LICENSED Builder's License No. Plumber's Lidense No ......................... Electrician's License No ....................... -- Other Trade's License No ...................... 1. Location of land on which proposed work will be done ............................. : .... i ............ ..... .......... . . .. . .,4. .qe. . , ......... .<. , .......... House Numbe~Street Hamlet County Tax Map No. 1000 Section ..... /~. --'~.. ....... Block ...... ~. ......... Lot ..... ~ ...... Subdivision ..................................... Filed Map No ........... ~.. L~t ............ (Name} 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: / , , a: Existing use and occupancy ,u .. . ,: . ~,~ ..-" ......... ':i; ......... - ,. b. Intended use and occupancy .......... ~:,.I. . , ,~.., .6~,~, , ,.: , . Nature of wore (check which apph¢'~61e): New Building .......... Additi6h'/ ......... Alteration ......... Repa/r ............... Removal .............. Demolition .............. Other Work .............. :-'~ (Description) '~ Estimated Cost OTO0~. 0 0 Fee ' (to be paid on filing this application) 5. If dwelling, number uf dwelling units ............ Number of dwelling units on each floor.. ~ ' If garage~ number of cars ............. i ................. i .......... 6. If,. business commercial or mixed occupancy, specify nature and extent of each type of use ,~ ~ ,~, ,, .~ ~ ~ .................... 7 Dmlensmns'of,ex~stmgstractures, ffany: Front . Rear . .. . Depth .............. He'~}ht; .............. Number of Stories .................................................. with alterations or additions: Front................ . Rear ................. Depth .................. Height ...................... Number of Stories ..................... .ntire new construction: Front ............... Rear ............... Depth .............. ......... Number of Stories ....................................................... ........ Rear ...................... Depth ..................... ............................. Name of Former Owner ............................ in which premises are situated .................................................... 1 2. s proposed construcnon v~olate any zomn= law, ordinance or regulation: ....... 13. ¥ be regraded ............ Will excess fill be removed from premises: Yes 14. Name of Owner of preruises ................ Address ................... Phone No ............... N ' ame of Architect .......................... Address ................... Phone No ............ Name of Contractor .......................... Address ................... Phone No ............... 15. Is this prop.erty located within 300 feet of a tidal wetland? *Yes ..... ~o ..... *If yes, Southold Town Trustees Permit may be required. PLOT DIAGRAM · Locate clearly and distinctly all buildings, whether existing or proposed, and. indicate all set-back dimensions fror property lines. Give ~treet and block number or description according to deed, and show street names and indicate whethe interior or corner loft. Sr~T~ OF ~RK ..... (Name q~ indMdual signing con,tacO above named. A ' ' ..... ..... o .e6 ................. ~ (Contractor~agent, co,orate officer, etc.) of said owner or ownem, m~d is duly authorized to perform or have perfo~ed the said work and to m~e ~d file thi application; that all statements contained ~ this application are true to the best of lfis ~owledge,and belief; and that work will be perfo~ed in the m~ner set forth in the application filed therewith. Sworn ~o before me this ........... .... ..... .... t ..... .... 4/ ~ ' ~[d: of New York mgnamre oz appl~can ";Zq ~aW Publi~, State ~ C' ~Ji~j' TOWN OF SOUTHOLD, NEW' YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ~ ~ k.~ 7 DATE .............................. TO THE ZONING BOARD OF APPEALS, TOWixJ OF SOUTHOLD, N. Y 1 (We)) ~.L~.....~.~.~.~..~.~.~. ........ ~...~ ........ ot ...................................... ~ ............ ~ ....................... ~ Name of ~ppe[J~n~ Street a~ Number ...~.~.~.~..~..~.~..~ ........................................................................... ~J~: ...... HERE~Y APE~~ TO Municipality ~ate THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ..................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO .................................... .c...~.~,~.~. ....... ~..:.!.f..~..~.-r~-~ P~. ~. Appl~ant for pe~t_ C~ ~c ,.~.... ~.~.~.~.~.~ ~.~ ..~ ~..~.... ~.~ .~..~....~ ~.~.~ ..~ .......... (.~..~.~.~ Street and Number Municipality State ) PERMIT TO USE ( ~ PERMIT FOR OCCUPANCY ( ~ ~.:OCAT,O~ OF THE ~RO~ER~ ............................. ~ ...................... Mop No. ~ .~ .~ Lot No. i~ Prior Owner 2, PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section section OhO Paragraph of the Zoning Ordinance by number. Do not quote the Ordi,nance.) Article I~ Section / o ~ - ~ t.- TYPE OF APPEAL Appeal is made herewith for (please check appropriar~e 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 Cons, Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A Drev~ous appeal (has) (~s no~ been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special Dermit ( ) request for c variance and was made in Appeal No ................................ Dated ..................................................................... ]Poz'm ZB1 REASON FOR APPEAL ( ) A Variance to Section 280A Subsection ( ~'f A Variance to the Zoning Ordinance ( ) ,s requested for the reason that ~l.~¢ (Continue on other side) REASON FOR APPEAL Continued 1 STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because r~ f'¢~,~, ~' ~ ~ ~,~J ~"~L ~ 2 vicimry of this property ona in this use district because The hardship created is UNIQUE and is not shored by all properties alike in the ~mrnediate 3 CHARACTER OF THE DISTRICT because The Variance would o~serve the spirit of the Ordinance on~J WOULD NOT CHANGE THE STATE OF NEW YORK ) } ss COUNTY OF ~Jz~.~/~ ) Sworn to this ............... /..'~. ........................ day of ...............?.~ ............................. 19~7 L¥~NE M W · iCHROWSKI NOTARY ~i~.B~I., State of New //. __~fk_~.~=z~TOWN OF $OUTI~O~D OWNER STREET PROPerTY VI LLAGE FORMER OWNER RES. LAND _/ oo SEAS. IMP. AGE . N S VL. FARM TOTAL{_//O/~_~ ~) t DATE E CO~-3~CB. BUILDING CONDITION MISC, TYPE OF BUILDING Mkt. Valuo NEW NORMAL BELOW ABOVE Acre Value Per Ac re Value Woodland Tillable Tilloble Tillable Swampland FRONTAGE ON WATER FRONTAGE ON ROAD Brushland House Plot DEPTH BULKHEAD DOCK Tota I COLOR TRIM M. Bldg. Extension Extension Extension Porch Porch Breezeway Garage Patio Total Foundation ~ ~ , Bath 3asement /~D Floors ~xt. Walls /~,~ ~ Interior Finish Fire Place A1 'a Type Roof ~,ec~eation Room Dormer Driveway Heat Rooms 1st Floor Rooms 2nd Floor soUND N 85°26 ~09.83' ~R~S8 (516) 765 - 50?0 P,O BOX 909 MAIN ROAD P/O LOT 8 ~ · $. 8,5* '~ PlO LOT 8 Prepared in accordance with the minimum carMards for titJe surveys as established by the LI,A.L.S, and approved and adopted for such u~e by 1he New York S~ate Land Title N,Y.S LIO.NO.49668 ENGINEERS, P.C. p/C LOT 9 AVENUE 99 69 P10 LOT 9 MAP OF"SUBDIVI SIION OWNED. BY NATHAN FILED NOV. 22,1932 ; TOWN SURVEY OF LOT 4., P/O LOTS 8& 9 OF PROPERTY GOLDIN" FILE NO. 1106 AT SOUTHOLD OF SOUTHOLD , SUFE CO. N. Yi I000 135 OI 2_0 t000 3.¢ 02 ? o DEPARTMENT OF' PLANNING COUNTY OF-SUFFOLK I'licha. el A. LoGrande 360-5513 LEE E. KOPPELMAN Town of Southold Zoning Board of Appeals July 20, 1987 Applicant: ~harles Kapotes, M.D. Mun. File No.: 3637 S.C.P.D. File No.: SD-87-17 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 Commission 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: Appears inappropriate as sufficient information has not been submitted to demonstrate compliance with applicable variance criteria. Very truly yours, Lee E. Koppelman Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GR)GONIS. 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. 119'71 TELEPHONE (516) 765-1809 Pursuant to Article XItI 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 IZI, SectionZO0-31(ZO0-32) Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit Appeal No.: 3637 Applicant: Charles Kapotes, M.D. Location of Affected Land: Goldia and Soundview Avenues, County Tax Map Item No.: 1000- 135-5-22 Within 500 feet of: Town or Village Boundary Line Southold, ~Y Body of l~ater (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Ow~ed Lan Boundary of Existing or Proposed County, Stato or Federal Park or Other Recreation Area or Existing or Proposed Right-of Way of Any Stream or Draina!j~ Char~nel Owned by the County or for Which The County Has Establi~;hed Chanr~el Lines, Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. COMMENTS: Applicant is requesting permission to construct deck ~ to dwelling with an insufficient fronty~d~.~.~rg? Copies of Towll file and related docIJm()nLs (~llcloso~J for youJ' r'ovi,'w. Dated: July 17, 1987 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 2.5 c:OUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765 1809 July 14, 1987 Charles Kapotes, M.D. 220-40 64th Avenue Bayside, NY 11364 Re: Appeal No. 3637 (Variance) Dear Dr. Kapotes: Transmitted herewith for your file is a copy of the findings and determination rendered in the above matter, As mentioned in the Board's findings, you may wish to consider a patio at ground level as an alternative without a structural addition. Please feel free to contact the Building Inspector with any new proposal for such a patio. Yours very truly, Enclosure Copy of Decision to: Building Department Suffolk County Planning GERARD P. GOEHRINGER IRMgN ~dS~j>-Llnoa KoWalski Commission APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ScoTr L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 ACTION OF THE BOARD Appl. No.~ Application of ALEX HOMAYUNI, CHARLES KAPOTES and OTHERS. Variances to the Zoning Ordinance, Article XXIV, Section 100-244B and Section 100-243A, for permission to construct additions and accessory building: (1) exceeding the maximum lot coverage requirement for all structures/buildings, (2) increasing or enlarging, and reconstructing the existing nonconforming two-family building. (Nonconformities of the subject premises are: lot area, both front yards, and two-family use in this R-40 Zone District.) Location of Property: Corner of Goldin Avenue and Sound View Avenue, Southold, NY; County Tax Map District 1000, Section 135, Block 02, Lot 22, and Block 01, Lot 20 (all as one tract of land for purposes of zoning). .. WHEREAS, public hearings were held on March 22, 1991 and on ° ........... l~l and 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, Board Members have personally viewed and are familiar with the premises in question as well as the surrounding areas; and WqtEREAS, the Board made the following findings of fact: 1. By this application, appellants are proposing to construct a one-story addition, a proposed second-floor addition, and an accessory storage shed, all as more particularly shown on Drawings A-1 through A-6 prepared by Ward Associates, P.C. dated August 15, 1990, revised January 24, 1991. 2. The premises in question is nonconforming as to lot area of 19,000 sq. ft. (both tracts inclusive located north and south of Sound View Avenue). This substandard lot is located in the R-40 Zone District and is improved with a two-family dwelling (see Certificate of Occupancy No. 295 dated May 19, 1959 and Building Permit No. 554 dated December 30, 1958). 3. The principal building lot coverage as exists is 1425 sq. ft. The amount of relief requested for this project, includ- Page 2 - Appl. No. 4009 Matter of ALEX HOM~fUNI & ORS. Decision Rendered September 26, 1991 ing the existing and proposed construction, is for excessive lot coverage totaling 27.2% of Lot 135-2-22 (10,343 sq. ft.) or 746 sq. ft. over the 20% (2,068.59 .sq. ft.) limitation. The building construction calculations provided by the applicants' architect are as follows: (a) upland 10,343 sq. ft. (135-2-22), or a total of 14,000+- sq. ft. inclusive of tract of land to the north (135-1-20) consisting of 4,000 sq. ft. (b) existing residence 1,425.0 sq. ft. (c) addition 62' x 10.5' = 683 sq. ft. (d) accessory shed 10' x 8' = 80 sq. ft.-($t0ra§e use on]y) (e) second floor addition 627.0 sq. ft. (f) total coverage by all buildings: 2,815 sq. ft. 4. The setbacks for new areas of building construction are noted for the record as follows: (a) westerly front yard at 21 feet from the (newly proposed) southwest corner section of the dwelling; (b) southerly rear yard setback at 39 (+-) feet; (c) southeasterly corner of the proposed addition at 20 feet; (d) accessory shed with setbacks at 10 feet from the easterly and southerly property lines; (e) no other increase in degree of nonconforming setback for the existing building area is requested. 5. For consideration by the Board, the appellants have offered to covenant the northerly parcel identified as District 1000, Section 135, Block 1, Lot 20, consisting of approximately 4,000 sq. ft. of upland area to remain unoccupied and vacant (with the exception of a stairway to the beach area with proper permits). 6. Article XXIV, Sections 100-243A, 100-242 and 100-241A of the Zoning Code provides that enlargement of a nonconforming building with a conforming use (or nonconforming use) may not be increased as to the degree of nonconformance. 7. Article XXIV, Section 100-244B provides minimum setback requirements for'principal buildings on lots containing less than 20,000 sq. ft. of land area, with reductions to: (a) front yard setback to 35 feet; (b) minimum side yard setbacks to 10 ft. and 15 feet, for a total of 25 feet for both side yards; (c) rear yard setback to 35 feet; (d) maximum lot coverage for all buildings at 20% of the total lot area. P. age ~ - Appl. No. 4009 Matter of ALEX HOMAYUNI & ORS. Decision Rendered September 26, 1991 8. It is the opinion of the board members that sufficient practical difficulties have been demonstrated by the appellants to warrant a grant.of this application. In considering this appeal, the board finds and determines: (a) there is no alternative available for appellants to pursue except by variance; (b) the relief, as requested, is the minimal necessary; (c) the difficulties imposed are uniquely related to the property and are not personal in nature; (d) the grant of the variance will not adversely effect the essential character of the neighborhood, or be adverse to the safety, health, welfare, comfort, convenience or order of the town and neighboring properties; (e) there is no other method feasible for appellants to pursue other than a variance; (f) in view of all the above, the interests of justice wi-ll be served by granting the relief, as further noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Doyen, it was RESOLVED, to GRANT the relief as described in the above findings in the Matter of the Application of ALEX HOMAYUNI and CHARLES KAPOTES, Appl. No. 4009, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That Covenants in proper recordable form be prepared and filed by the landowner in the Suffolk County Clerk's Office restricting the northerly tract of land (Lot #4 on the Map of Nathan Goldin") identified as 1000-135-1-20 to "no building occupancy or use occupancy in any respect, and provided further that said tract of land will be considered merged with the subject parcel identified as 1000-135-2-22." This Declaration of Covenants is subject to review and may be modified as recommended by the Town Attorney's Office before the same is recorded by the appellants. Proof of recording with the Suffolk County Clerk is required to be furnished to the Board of Appeals. 2. There shall be no further expansion, additions, extensions or other structures at the site without further application, consideration, and approval of the Board of.Appeals (Article XXIV of the Zoning Code). 3. Lot No. 4 (Map of Nathan Goldin), identified as 1000-135-1-20 on the Suffolk County Tax Maps, shall remain, as Page 4 Appl. No. 4009 Matter of ALEX HOMAYUNI & ORS. Decision Rendered September 26,,1991 exists, in an unoccupied state (remaining free and open of all buildings). Vote of th~ Board: Ayes: Messrs. Doyen, Goehringer, Grigonis, Dinizio, and Villa. This resolution was duly adopted. lk Southold Town Board of Appeals MAIN ROAD- STATE ROAD 2.5 cJOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS 1987 June 18, S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Notice of Determination of Non-Significance APPEAL NO.: 3637 PROJECT NAME: C. KAPOTES AND A. HOMAYUNI 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 [ ] Unlisted [ ] DESCRIPTION OF ACTION: Deck addition to dwelling with insufficient frontyard setback LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more particularly kngwn as: Goldin Ave. and Soundview Ave., Southold 1000-135-2-22 , 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) Construction proposed is landward of existing structures. 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. mc NOTICE OF HEARING,~, NOTICE IS HERI~ GIVEN~ pursuant to Section of the Town Law and the Code of the Town of Seuthold, the follow- ing public hearings will be held by the SOOTHOLD TOWN BOARD OF APPEALS at a Regular Meeting at the Southold Town Hall, Main Road, South- . old New York, on THURS- DAY, JUNE 18,1967, at the fei lowing times: 7:35 p.m. Appl. No. 3605 - TED DOWD. Variance for Ap- proval of Access pursuant to New York Town Law, Section way located off the north side of the Main Road, Southold, and extending to the applicant's folk County Tax Map as District 1000, Section 56, Block 1, Lot 5,1 (5), containing 7.3 -* acres. 7:40 p.m. Appl. No. 3632 - hearing on Amended Applica- tion of NORTH FORE EARLY LEARNING CENTER. Vari- ance to the Zoning Ordinance, Article Ill, Section 100-30(A) to permit the establishment of a Day-Care Center, at premises referred to as the Veterans Community Center, north side of Pike Street; east side of Wick* ham Avenue, and south side of Hill Street, Mattituck, NY; County Tax Map Parcel ID No. 1000-140~2-39, containing APOTES AND A. HOMA- UNL Variance to the Zoning rdinance, Article 1II, Section 0-31 (100-32) for permission te onstruct deck addition to dwell- ing with an insufficient front- yard setback from Soundview Avenue. Location of Property: East side of Goldin Avenue and south side of Soundview Avenue, Southold, NY; County Tax Map Parcel ID No. 1000-135-2-22. 7:50 p.m. Appl. No. 3641 - BRE~Vi' AND JANET KEHL. nance, Art/cie Ill, ~ection 32(A) for approval of the con- struction of an accessory build- ing with height in excess of maximum 18-feet, or in the 100-31(Al for permission to con- an Insufficient sideyard setback. Location of Property: 5500 Main Bayview Road, Southold, NY; County Tax Map Parcel ID No. 1000-78-4.32. 7:55 p.m. Appl. No. 3634 - RICHARD F. MULLEN, JR. Variance to the Zoning Ordi- nance, Article XI, Section 100- 119.1(Al for permission to erect fencing in the frontyard area with a maximum height of six feet. Location of Property: East Side of Cottage Place, Southold, NY; County Tax Map District 1000, Section 62, Block 3, Lot 19. 8:05 p.m..~.ppi. ~o. o4~IZ as )F NEW YORK Amended - WILLIAM } SS: MOORE AND BENJAMIN HEHZWE1G. VarianCes to the ~ OF SUFFOLK Zoning Ordinance, Articles: (al X1, Section 100-119.2 for an in- sufficient setback from wetlands d h/i 1 1 iaras of Greonport, in area, and (bi I11, Section 100-31 for an insufficient frontyard set- ,nty, being duly sworn, says that he/she is back, for a proposed single-faro- ] Clerk of THE SUFFOLK TIMES, a Weekly ily dwelling structure at prem- ises known as 675 MeadOw ilar, published at Greenport, in the Town Lane, Mattituck Estates Map #4463, Lot #42, Mattituck, NY; aid, County o! Suffolk and State of [~lew County Tax Map District 1000, d thal the Notice of which the annexed is Section 115, Block 05, Lot 007, ~[ copy, has been regularly published in containing .51 ± acre. 8;20 p.m. Appl, No. 3629 - ntspepar once oach weak for IRWIN AND soNDRA THOMPSON. (To be recon- tccassivaly, commencing on the 1.1th June 19 87 venod) No. 3543 .... - 8:30 p.m. Appl. pETER AND BARBARA 6:40 p.m. Appl. No. 3640 - FRANK AND EDITH / .: _ ~_~;"~c . . / ~- sAW1CRL Variance for ap- proval of insufficient width of Principal Clerk three parcels in this pending Minor Subdivision, eac~,~in~~ h~ore mO this ./,~'~: TaxMapParcellDNo. 1000'51' ~ '[)'/~':""~ /]~' ' ~ ' " 3-12.1, confining 15 ~ acres. puDGE · ' concluding hearing, ina oral 855 p.m. Appl. No. 3638 - JAMES AND MARY TYLER Aopl. No. 3400 d~rs facing st~et side aa con- struc~d in this establishment of ublic garage under A~icle ~ning C~e. ~ad, Laurel, e~y: 6795 Main NY; Mattltuck ltolding Co. Minor Su~ivlsion ~t g3; ~ction 125, Bilk 1, ~t 19.6. The Board of Ap~ea? ~ -- ~ hea~ in each of the ~ submit~d prior to the conclU- sion of the subject hearing. For mo~ information, please THE SOUTHOLD TOWN BOARD OF APPEA~ GERA~D P. GOEHRINGER, CHAIRMAN Linde Kowalski, t'r,111-5625 NOTICE OF HEARINC~ NOTICE IS HEREBY GIV- EN, pursuant to Section 267 of the Town l:aw and the Code of the Town of Southold, the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS ai ~ Regular Meeting at the Southold Town Hall, Main Road, Southold, NY, on THURSDAY, JUNE 18 1987, at 7:35 p.m. Appl. No. 3605. TED DOWD. Variance for Ap- proval of Access pursuant to New York Tow~ Law, Section 280-a, over a private right-of- way located off the north side of Ihe Main Road, Southold, and extending to the applicant's premises, identified on the Suf- folk County Tax Map ~-~ District 1000, Section 56, Block l, Lot 5.1 i5), containing 7.3± acres. 7:40 p.m, Appl. No. 3632. Rehearing on Amended Ap- plication of NORTH FO~RK ~A..~ Ly ~ENTI~. Variance to the Zon- ing Ordinance, Article Ill, Sec- tion 100-30iA) to permit the establishmem of a Day-Care Center, at premises referred to as the Veterans Community Center, north side of Pike Street, east side of Wickham Avenue, and south side of Hill Street, Mat- tituck, NY: County Tax Map Parcel ID No. 1000-140-2-39, comaining 1.75± acres. t~~7:45 p.m. Appl. No. 3637. C.'~ . AND A. HOMAYUNI. Variance to the Zoni,g Ordinance, Article 11[, Section I00-31 (100-32) for per- m~sslon to construct deck addi- tion to dwelling with an insuf- ficiem frontyard setback from Soundview Avenue. Location of Property: East side of Goldin . Avenue and south side of] Soundview Avenue, Southold, NY; County Tax Map Parcel ID No. 1000-135-2-22. 7:50 p.m. Appl. No. 3641- BRETT AND JANET KEHL Variance to the Zoning Or- dinance' Article Ill, Section 100-32(A) for approval of the COllStrt~ction of an accessory building with height in excess of maximum 18-feet, or in the alternative, Article Ill, Section ItX)-31(A) for permission to con- s~ruct addition to dwelling with an insufficient sideyard setback. Location of Property: 5500 Main Bayview Road, Southold, NY; County Tax Map Parcel ID No. 1000-78-4-32. 7:55 p.m. Appl. No. ~634- CHARD E MULLEN JR. Variance to the zoning Or- dinance, Article XI, Section 100-119.1 iA) for [3ermission to erect fencing in the frontyard area with a maximum height of six feet. Location of Property: East Side of Cottage Place, Southold, NY; County Tax Map District 1000, Section 62, Block 3, Lot 19. COUNTY OF SUFFOLK ss: STATE OF NEW YORK 8:05 p.m. Appl. No. 3412 as he~'"~ Amended- WILLIAM MOORE ting duly sworn, says that she is t ~I:L..I:IY.,g~- G ISLAND TRAVELER-WATCHMAN, WEIG. Variances to the Zoning ~rinted at Southold, in Suffolk County; ../ O~dinance, Articles: (a) Xl, Sec- tion 100-119.2 for an insufficient ,f which 1he annexed is a printed copy, setback from wetlands area, and in said Long Island '1 raveler-Watchman (b) Ill, Section 100-31 for an in- / weeks sufficient frontyard setback, for ......................... a proposed single-family dwell- ing structure at premises known cing on the ?/ as 675 Meadow Lane, Mattituck ...................... EstateSBiock Map No, 4453, Lot NO, ( ~7.1 42. Mattituck, NY; County Tax 2_.~:. .... , [9 . . - -'. Map District 1000, Section 115, 05, Lot 007, containing acre. 77:. '/ -)- "<-- 8:20 p,m. AppL No. 3629- IR-~'~ WIN AND SONDRA T~.HOM PSQN: (To be ~/ ~'~ reconvened). 8:30 p.m. Appl. No. 3543- le this da~, of PETER AND BARBARA aD-.,? HERZ. (To be reconvened). . ....... [ 9 ..... 8:40 p.m. AppL No. 3640- FRANK AND EDITH SAWICKI. Variance for ap- proval of insufficient width of ) three parcels in this pending ~x~t' Minor Subdivision, each having' a minimum lot area of 80,000 Notary Public sq. ft. Location of Property: , north side of C.R. 48 (a/k/a North Road), Southold, NY; BARBARA County Tax Map Parcel ID No. Notary t'u},%, ~i:.te ,,: !~..: y,~:k 1000-51-3-12.1, containing 15± N,) i~ ,,~ r; 8:50 p.m. Appl. No. 3625- Cm:,::):sl.:~ i~xi;de:~ ~..., ~,/ t< PUDGE CORP. Resolution / concluding hearing. {No oral testimony.) 8:55 p.m. Appl. No. 3638- JAMES AND MARY TYLER. Special-Exception r~odi lying Appl No. 3400 to permit vehicle doors facing street side as constructed in this establishment of a public garage under Article VII, Section 100-70(B)[4] of the Zoning 6795 Main Road, Laurel, NY; Mattituck Holding Co. Minor Subdivision Lot No. 3; County Tax Map District 1000, Section 125, Block I, Lot 19.6. The Board of Appeals will hear at said time and place all persons or representatives desir- ing to be heard in each of the above matters. Each hearing will sion of the subject hearing. For 765-1809. Dated: May 21, 1987 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalski, Southold Town Board of Appeals MAIN EOAD- STATE EOAD 25 S0UTHOLD, L.I., N.Y. 11g71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI 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 fr~e to call our office, 765-1809. Yours very tr~lv~. ~ ~ GI~RA~D P. GOEHR~NGER J CHAIRMAN Linda Kowalski Secretary and Board Clerk Enclosure .JUDITH T. TERRY TOWN CLERK REG[$TR^R OF VITAL STATISTICS 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 May 20, 1987 TO: Southold Town Zoning Board of Appeals FROM: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3637 , application of Charles N. & Ali Homayunifor 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. Judith T. Terry Southold Town Clerk Kapotes SAINT MARY'S HOSPITAL FOR CHILDREN 29-01 216TH STREET. BAY$1DE, NEW YORK 11360 BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter oT the Petition of : to the Board of Appeals of the Town of Southold : NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That i~intention of the undersigned to petition the Board of Appeals of the Town of $outhold to request a((Va~'i~nce)~Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which is the subiect of the Petition is located adiacent to your property and is des- cribed as follows: C~l~.Ar~ COL~l,v L.~,v~r e' ~,~ffA~ ~v~ ~J ~ 3. That the property which is the subject of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: -J~,a ~ ~,.I c~ .J~(~, 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article I ~ ~ Sect/on e ~ o - 3 1. [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma), then and there examine the same during regular office hours. (5'16) 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: Petitioner Owners'Names: Post Office Addr~s PROOF OF MAILING OF NOTI( ATTACH CERTIFIED MAIL P 4~0 640 247 STATE OF NEW YORK ) COUNTY OF~) SS.: , being duly sworn, deposes and says that on the /(~ day ,19 ~:~'-~, deponent mailed a true copy of the Notice set forth on the re- verse side hereof, d~r~ed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- rice at ~J,~ I~-'/.nn~o ~_.~;/g7~¢'~. ; that said Notices were mailed to each of said persons by (certified) (~i~-~eed) maiI.U(J ~ / Sworn to before me this /~ day of ~ , 19~ ~ , - '~ notary ~;blic (This side does not have to be completed on form transmitted to adjoining property owners.} (s) Yn order to answer the qoostiono in thio short EAF in lo ass~od that the ~rop~re~ will us~ c~rontly ~vallablo ~fo~~tion conco~ln~ tho project and the ~ ~c~s si tho action. ~t is not o~ected that ~dditionul stu~io~, Fo~o~ch OF otho~ lnvos~lE~tions w~l be ~dort~on. (b) If any question has been ~nowor(~d Yes the project ~y bo si~iflcant and ccmple~ed Enviro~ental Assessment Fo~ is necessa~/. (c) If all q~estions have been answered Nu it is likely tb~ this proJ~ct not signific~nt, (d) ~viro~ental A~ess.ment 1. W~I project reset In a la[ge physical c]~ngo ~o thc project site or physically alter marc ~han 10 acres of land? · · , · · · · · -- Yes /No 2. Will thoro b~ a ~or chan~ to any~uniquo or unusual land fo~ fo~d on tho sltu ~ · , Yes ), W~l project altar or hav~ a largu offset on . .' an cxis%ins body of waturz · . · · · . ~ . Ye=, &. W~i pro]et: hav~ a pot.nttally largo ~pacb on gro~dwater quality? . . . . . . Yer~ W~i pro,eot $1~ifiCaatly.~ff~ct drainage 6, Will project affect any tl~oatunod or endangered air qu~li~y? , , , , , , , Yc.~~ No ~c~er of ~he co~un~y or ecen~c vie~e o; vl~ kno~ ~o be ~por~n~ ~o ~ho com~uni~y? , , , --~ Yen ~ No ~ro oE h~ori~ pro-hi~or~, or paleon~o~o~i~l ~mportnnce or any site desi~ated a~ a critical environmcn~l area by a local agency? . . . __ Yo~ .---- 10. W~i project have a ~Jor effect on cxl~t~g or Euture recreational opport~ltioa2 . . . Yes No 11. Will project,result'in ~Jor traffic problems or caume a major effect ~o existing transportation systems? . . , . . . . . · . · · Ye~__ No 12. Will project reg~arly cause objectionable odor~, noise, glare~ vibration, or electrical distorb- ante as a fcs~t of thc project's operation? ~ You Will proJcc~ have any impact on public health or safety? . , . , , . . , . ,--- Ye:; .. l&, Will pro3o~% &ffo~: th~ oxiu%lng co~uul%7 by ~lrectly causing a grow:h ~n permar:cst popula- ~ion cf moro ~han ~ porcen~ ov~r a cno.-yoar period o~ have a major negative effect on the character of th~ con.unity or nelghbor~ood?, , ~ Yes No %~, 10 %here publ$~ controvurny concern~n,~ tho project? 'fe~ _~__ No REPRESENTI::C: DATE: ~/{ f /~ TOWN OF $OUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. CERTIFICATE OF OCCUPANCY THIS CERTIFIES thor the building Iocoted ot...~..~.~.~.~.~..L....B~...e.L..~..o...~..~..h...o..~...~..t.....N......¥..t. Street Mop NoJ~...J~.~,I~,TA.... Block No....?.?..? ............... Lot No. ¢.~...~..9 ...................................................... conforms substantially to the Application for Building Permit heretofore filed in this office dated ............................... .Dmee~b.e~...3,0tg. SB.., pursuant to which Building Permit No...,..~...~..~.. ............. dated .....................~T, Etn1,1~.¥...6 .........., 19..~C).., was issued, ond conforms to oil of the requirements of the opplicable provisions of the Iow The occuponcy for which this certificate is issued is .............. .................................. T~,~0...FAF~,~Z. ~.1~ ~,T,~;[/~(t ................................................................................ This certificate is issued to ..~l'Jl,..J~..JlJa~ r~9...OWII~, ....................................................................... (owner, lessee or tenant) of the aforesaid building. / Building Inspector l~o~ard 1~. Terry QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED WITH YOUR ~PPLICATION FORMS TO THE BOARD UT ~-'P-PEAL~ Please complete, sign and return to the Office of the Board of Appeals with your completed application forms. If "Yes" is answered to any questions below, please be sure to depict these areas on your survey (or certified sketch), to scale, and submit other supporting documenta- tion. 1. Are there any proposals to change, or alter land contours? Yes 2.a) *b) 3. 4. 5. Are there any areas which contain wetland grasses? (Attached is a list of the wetland grasses defined by Yes ~own Code, Ch. 97 for your reference.) re there any areas open to a waterway without bulkhead? Yes Are there existing structures at or below ground level, Yes such as patios, foundations, etc? Are the~e any existing or proposed fences, concrete barriers, decks, etc? If project is proposed for an accessory building or structure, is total height at more than 18 feet above average ground level? State total: ft. If project is proposed for principal building or structure, is total height at more than 35 feet above average ground l~l? State total: ft. 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 ~x~/. Yes ~(~o~) Yes (~o~) Ye s N~.~~ Yes ~ Do state whether or not applications are pending concerning these premises before any other department or agency (State, Town, County, Village, etc.): Planning Board Yes Yes Town Board Yes Town Trdstees Yes County Health Department '- Yes Village of Greenport Yes N.Y.S.D.E.C. Yes Other lC. Is premises pending a sale or conveyance? .. If yes, please submit copy of namgs or purchasers and conditions of sale.(from contract). Yes ll. 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 ~o~ inspection for possible waiver or permit under Yes the requirements pf Ch. 97 of the Town Code? 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 above statements are true and are being submitted for reli~nc~ b~ ? _~e.~B~ard of Appeals in ?nsidering my. application. Signature (Prbperty Owner) (Authorized Agent) 3/87 lk § 97-13 WETLANDS § 97-13 TOWN -- The Town of Southold. TRUSTEES -- The Boerd of Trustees of the Town of Southold. [Added 6-5-84 by L.L. No. 6-19541 WETLANDS [Amended 8-26-76 by L.L. No. 2-1976; 3-20- 85 by L,L. No. 6-1985]: A. TIDAL WETLANDS: (1) All lands generally covered or intermittently cov- ered with. or which border on. tidal waters, er-lands lying beneath tidal waters, which at mcan low thle are covered by tidal water~ to a maximum depth of five (5) feet. including but not limited to banks. bogs. salt marsh, swamps, meadows, flat9 or other Iow lying lands subject to tidal action; (2) All banks, bogs. meadows, fiats anti tidal marsh subject to such tides and upon which grows or may grow some or any of the following: salt hay. black grass, saltworts, sea lavender, tall cordgrass, high bush. cattails, groundscl, marshmallow and Iow march cordgrass; and/or (3) All land immediately adjacent to a tid;d wetland as defined in Subsection At2) and lying within seven- ty-five (75) feet landward of the m~,~t landward edge of such a tidal wetl~.l. FRESHWATER WETLANDS: (1) "Freshwater wetlands" as defined in Article 2.1. Ti- tle 1. § 24-0107. Subdivisions l(a) to ltd) inclusive. of the Environment~d Conservation Law of the State of New York: and (2) All land immediately adjacent to a "freshwater wet.. land," as defined in Sui)scctlon IS(1) and lying with.. in seventy-five (75) feet landward of thc most land- ward edge of a "freshwater wetland." 97O5 2.25-85 MAP ,IATION 000 35. O0 ]~ 00' 022. OOC CONSULT YOUR LAWYER BEt. ORE SIGNING THiS INSTRUMENT--THIS INSTRUMENT SHOULD BI: USED BY LAWYERS ONLY. 10242 i' 313 THI~ INDENTURE, made the 26th EVA day of December , nineteen hundred a~nd eighty six M. MAIN, residing at (no #) Peconic Bay Blvd., Mattituck, New York panyofthefirstpam,~nd CHARLES N. KAPOTES & DESPO KAPOTES, his wife, residing at 111 Executive Drive, Manhasset Hills, New York and ALI HOMAYUNI & AkEXANDRA HOMAYUNI, his wife, residing at 220-40 64th Avenue, Bayside, New York. party of the second part, WI-I'PdF.,~'I~, that the party of the first part, in consideration of TEN dollars, l~wful money of the United States, and other lawful consideration, paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the bnildings and improvements thereon erected, situate, lying and being in the SEE ATTACHED SCHEDULE "A" First American Titk Insurance ompany o£ New York PARCEL I SCHEDULE A Title No. 121-S-7171 ALL that certain plot, piece or parcel of land, situate, lying in the Town of Southold, County of Suffolk and State of New York, known and designated as and by part of lots 8 and 9, both inclusive, on a certain map entitled, "Subdivision of Property owned by Nathan Golden," at Southold, Suffolk County, New York", filed in the Office of the Clerk of the County of Suffolk on November 22, 1932 as Map ~1106, which said part of lots when taken together are more particularly bounded and described as follows: BEGINNING at the corner formed by the intersection of the Southerly side of Soundview Avenue with the Easterly side of Golden Lane; RUNNING THENCE North 85 degrees 26 minutes 40 seconds East along the Southerly side of Soundview Avenue 109.83 feet to land now or formerly of North Fork Motel; THENCE South 16 degrees 15 minutes 00 seconds East along said land 97.45 feet; THENCE South 85 degrees 26 minutes 40 seconds West, 99.69 feet to the Easterly side of Goldin Lane; THENCE North 21 degrees 57 minutes 10 seconds West along the Easterly side of Goldin Lane, 100 feet to the corner to the point of place of BEGINNING. AMENDE~D The policy to be issued under this report will insure the title to such buildings and improvements erected on the premises which by law constitute real property. FOR TOGETHER with all the fight, title and interest of the party of the first party, of, in and to the land lying CON~NY~yC~G in the street ~ front of and adjoining .id presses. FirSt American Title Insurance Comply of New York Title No. 121-S-7171 SCHEDULE A PARCEL II ALL that certain plot, pice or parcel of land, situate, lying in the Town of Southold, County of Suffolk and State of New York, known and designated as and by Lot 4, inclusive, on a certain map entitled, Subdivision of Property owned by Nathan Golden," at Sothold, Suffolk County, New York, filed in the office of the Clerk of the County of Suffolk on November 22, 1932 as map #1106, which said lot is more particularly bounded and described as follows: BEGINNING at a monument set in the Northerly side of Soundview Avenue, the following two (2) courses and distance from the corner formed by the intersection of the Southerly side of Soutndview Avenue with the Easterly side of Goldin Lane; 1) North 85 degrees 26 minutes 40 2) North 16 degrees 33 minutes 54 feet to the point of Beginning; seconds East, 109.83 feet; seconds West, 67.48 RUNNING THENCE South 85 degrees 26 minutes 40 seconds West of the Northerly side of Soundview Avenue, 40 feet; THENCE North 10 degrees 51 minutes 10 seconds West, 177.63 feet to the high water mark of Long Island Sound; THENCE North 87 degrees 11 minutes 20 seconds East, along the high water mark of Long Island Sound 48.87 feet; THENCE South 8 degrees 01 minutes 55 seconds East, 175.38 feet to the point or place of BEGINNING. Subject to rights of owners of Lots 10, ii, 12, and 13 on said parcel for access to the Long Island Sound and for bathing purposes. AMENDED The policy to be issued under this report will insure the title to such buildings and improvements erected on the premises which by law constitute real property. FOR TOGETHER with all the right, title and interest of the party of the first party, of, in and to the land lying CONVEYANClNG in the street in front of and adjoininl/said premises. ONLY Pa~e 2 TOCd~ll'iER with all right, title and .interest, if any, of the party of the firs~ part in and to any streets ~nd roads abutting thc above described premises to t? center lines therenf, TOGET~ with the appurtenances and ali the estate and rights of the party of the first part in and to said premises, TO HAVE AND TO HOLD the premises herein granted unto the party of thc second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been incumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indemure so requires. IN ~¥1'llq~...q~ ~Ft the party of the first part has duly executed this deed the day and year first above written, o~.'~~~ ~! EVA M. MAIN ~tAt~ ~ ~ ~m ~ SUFFOLK m fl~ 26th d~ ~ December ~g 86, hef~ ~ EVA M. MAIN --~ ~ fo~ i~ ~ ~wl~ ~t · flotary Public S~NORA M COOP~ STATI OF NEW YOLK, COUNTY OP On the day of 19 , before me personally came to me known, who, being by me duly sworn, did depose and say that he resides at No. . th~ he is the of , the corporation described in and which executed the foregoing instrument; that he knows thc seal of said corporation; that the seal affixed to said instrument is such corporate seal: that it was so affixed by order of the board of directors of said corpora- fion, and that ho signed h name thereto by like ST&~ OP NIW VOIIG O00MTlr OiI Onthe dayo~ 19 , before me STATE O! NiW YOK, COUNTY Oil ssz On the day of 19 , before me personally came the subscribing witness to the foregoing instrument, with whom ! 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, wa~ present and saw execute the same; and that he, said witness, at the same time subscribed h name as witness thereto. ~azgain an~ ~alz WIIH COVENANT AGAINST GRANTOR'S AC1S NO. MAIN TO KAPOTES & HOMAYUNI SECTION BLOCK LOT COUNTY OR TOWN TAX BILLING ADDRESS Recorded At Requesl of The Title Guaranloe Company GUARANTEE- NEWYORK ATICOR COMPANy Irwin Miller, Esq. 1 Old Country Road Carle Place, New York 11514 Zip No. 2070