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Home My WebLink About3580 Southold Town Board o£Appeals MAIN ROAD- BTATE ROAD 25 SOUTHDLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3580 Application Dated November ]2, TO: Mrs. Patricia C. Moore Rudolph H. Bruer, Esq. as Main Road Southold, NY 11971 1986 [Appellant (s) ] Attorney for NICHOLAS ,[~ABAL, I~. At a Meeting of the Zoning Board of Appeals held on January 8, ]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 ]00-3], Bulk Schedule [ ] Request for Application of NICHOLAS BABALIS for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct new dwelling with insufficient northerly side yard and insufficient total sideyards at 3360 Rocky Point Road, East Marion, NY; County Tax Map Parcel No. 1000-21-04-09. WHEREAS, a public hearing was held and concluded on December 1986 in the Matter of the Application of NICHOLAS BABALIS under Appeal No. 3580; 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, appellant requests a Variance from the Provisions of Article III, Section 100-31, Bulk Schedule of the Zoning Code, for permission to construct new single-family dwelling structure with insufficient: (a) northerly sideyard at ll feet and southerly sideyard at ]0 feet; (b) total sideyards at 21 feet. 2. The premises in question is a described parcel of land located along the east side of Rocky Point Road, Hamlet of East Marion, Township of Southold, New York, having a total lot area of 12,629 sq. ft., frontage along Rocky Point Road of 68 feet, and lot depth of 211± feet. 3. The subject premises is located in the "A" Residential and Agricultural Zoning District and is presently vacant. (CONTINUED ON PAGE TWO) ll, DATED: January 8, 1987. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 Appeal No. 3580 Matter of NICHOLAS BABALIS Decision Rendered January 8, 1987 4. Article III, Section 100-31, Bulk Schedule of the Zoning Code requires minimum sideyards at 15 and 10, and. a minimum total of 25 feet. The amount of relief requested is four feet, or 26% of a variance from the requirements. 5. It is the opinion of the board that the percentages of relief requested is not substantial in relation to the require- ment, and that the width of the lot, from 68 feet along Rocky Point Road to 52 feet along the rear property line, lends to the uniqueness and practical difficulties imposed. In considering this appeal, the board also finds and deter- mines: (a) the relief requested is the minimal necessary under the circumstances; (b) the circumstances of the property are unique; (c) the relief requested is not substantial in realtion to the requirements; (d) there will be no substantial change in the character of the area and the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town; (e) there will be no increase in popula- tion density and this project will not produce an undue burden on available governmental facilities; (f) in consideration of all the above factors, the interests of justice will be served by allowing the variance, as further noted below. Accordingly, on motion by Mr. Douglass, seconded by Mr. Sawicki, it was RESOLVED, to GRANT Variances as applied in the Matter of the Application of NICHOLAS BABALIS under Appeal No. 3580, for the location of a new single-family dwelling with insufficient setbacks at ll feet from the north side property line and 10 feet from the south side property line, for total sideyards at 21 feet. Vote of the Board: Ayes: Messrs. Goehringer, Douglass, Doyen and Sawicki. (Member Grigonis abstained from vote due to absence at the public hearing.) This resolution was duly adopted. lk ~RARD P. GOEHRINGER, ~AIRMAN January 15, 1987 NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, Law and the Code of the Town hearings will be held by the the Southold Town Hall, Main pursuant to Section 267 of the Town of Southold, the following public SOUTHOLD TOWN BOARD OF APPEALS at Road, Southold, NY at a Regular Meeting on Thursday, December. Il, 1986 at the following times: 7:35 p.m. Appeal No. 3216 - EUGENE DAVISON. Variance the Zoning Ordinance, Article III, Section lO0-30(A)[1] for permission to establish second dwelling unit upon 9.8± acre parcel over existing horse stable. Location of Property: South Side of Sound Avenue, Mattituck, NY; Lot #4, Minor Subdivision of Strawberry Fields, which received Sketch Plan approval July 8, 1985 by the Town Planning Board; County Tax Map Parcel No. 1000-121-3-5 (containing 12.6~ acres). to 7:40 p.m. Appeal No. 3577 FRANK AND DELORES DAVIES. Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to replace accessory shed in the north sideyard area at 2285 Pine Tree Road, Cutchogue, NY; Lot #15, Map of Nassau Farms filed March 28, 1935; County Tax Map Parcel No. 1000-104-3-2. Southold, NY; Map Parcel No. 7:50 p.m. Appeal No. 3579 - CHARLES Variance for Approval of Access pursuant to 7:45 p.m. Appeal No. 3578 - ARTHUR ESSLINGER. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to locate accessory storage shed within 75 feet of existing bulkhead and wetlands area at 1515 Arshamomaque Avenue, Lot #21, Map of Beixedon Estates; County Tax 1000-66-3-11. AND SANDRA BLAKE. New York Town Law, Section 280-a from the east side of South Harbor Lane along Old Woods Path (Private Road #10), to premises known and referred to as 695 Old Woods Path, Southold, NY; County Tax Map Parcel No. 1000-87-1-23.7. /~-~ 7:55 p.m. ~ to the Zoning 1 'permission to side yard and Appeal No. 3580 NICHOLAS BABALIS. Variance Ordinance, Article III, Section 100-31 for construct new dwelling with insufficient northerly insufficient total sideyards at 3360 Rocky Point d, East Marion, NY; County Tax Map Parcel No. 1000-21-04-09. 8:00 p.m. Appeal No. 3572 - MICHAEL AND JOYCE MATTES.~ Special Exception-Bed and Breakfast (recessed from 11/20/86). Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting - December ll, 1986 8:10 p.m. Appeal No. 3557 - ROBERT G. EGAN. Variance to amend Conditional Approval Rendered 11/3/86 under Appeal No. 3557 to allow reconstruction of dwelling with insufficient setbacks upon foundation as exists at 5 and 12 feet, rather than 7 and 12 feet, at 330 Knoll Circle, East Marion, NY; "Map of Section Two, Gardiners Bay Estates," Subdivision Lots 27 and part of 28; County Tax Map District 1000, Section 37, Block 5, Lot 12. 8:15 p.m. Appeal No. 3552 - JOHN SENKO. Variance for shopping center use in this B-1 General Business Zone with 30,084 sq. ft. of lot area (recessed from 11/20/86). The Board of Appeals will hear at said time and place all persons or representatives desiring to be heard in each of the above hearings. Written comments may also be submitted prior to the conclusion of the ~ubject hearing. For more information, please call 765-1809. Dated: November 20, 1986. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalski, Board Secretary Copies to the following on or about 12/1/86: Mr. Eugene Davison, Box 248-A, Mr. and Mrs. Frank Davies, ll3 Mr. Arthur Esslinger, Box 172, Mr. and Mrs. Charles Blake, Mrs. P.C. Moore, Rudolph H. as Agent/Attorney for RD #1, Sound Ave, Mattituck, NY 11952 Lone Oak Path, Cutchogue, NY 11935 Southold, NY 11971 695 Old Woods Path, Southold, NY 11971 Bruer, Esq., Main Road, Southold, NY 11971 Nicholas Babalis Mr. and Mrs. Michael Mattes, 50 Luthers Road, Box 831, Mattituck, NY 11952 Mr. and Mrs. Donald Shaw, Breakwater Road, Mattituck, NY 11952 Mr. Garrett A. Strang, Architect, for R.G. Egan, Box 1412, Southold 11971 Stephen R. Angel, Esq. (for Senko), Box 279, Riverhead, NY 11901 Daniel C. Ross, Esq., Box 1424, Mattituck, NY 11952 Suffolk Times (personal delivery 12/2/86) L.I. Traveler (personal delivery 12/2/86) Town Clerk Bulletin Board Z.B.A. Office Bulletin Board Building Department Board Members Individual ZBA Files TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SO~JTI~Q LD N.Y. NOTICE OF DISAPPROVAL File No ................................ To . .-~ .,,.~ )).n. ........................... ·...'~.....~......~...~ :'~....,.,.~ .~. ~.. PLEASB TAKE NOTICE that your application dated ..~..~/~. ~...~..~. ........ 19 .~..~.. Location of P~opem,. ! ~ ~.9.....'~. ~4~..~...'~.... ~.a.. .... .a .~...'C... ~ ~ .... Ho~$~ NO. ~l Street Harn/ot County Tax Map No. 1000 $~ction . .-...~..'~.[ ..... Block .... .c~.~ ...... Lot ...~..~'. ....... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved'ion the following grounds. ~ ~-~ .~"..~...~.../.~..~..-~.l ................. Buikting Inspector Nbv t z TOWN OF $OUTHOLD. Nmwi,,TM/ Ii.jilL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE .............................. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1 (We) NICHOLAS ~.I.$. ............... of J. ~.~.g.7..C~r..~A~t, qg,.~V..~., .................................... Nome of Appellant i Street and Number Noz~h Bergen ..,......N..3. ................. HEREBY APPEAL TO ..................................... .............................. 1..... State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON /. APPLICATION FOR PERMIT NO ............................... t..i.. DATED ...... .N...o~...~..r....6.,.....1..9..8..6...'. ............ Name of Applicant for permit of BOX 117, Mattituck, N.Y. 1.~952 .......................................................Street and Number 'r'"/~A'i~i~ii~ .................... ~'~i; ........... ~' .......... ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ....3..3.,6..0...~..k..Y..Z..°..i..n..t.....~. · .............. '.'.A.'.'.~...R~...s.t../..A_.c~..~.: .............. Street Use District on Zoning Map SCTM#1000-021-04-09 , Current Owner Nicholas Babalis Mop No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) J Article III, Section 100-31 1 TYPE OF APPEAL Appeal is made herewith for (X) A VARIANCE to the Zoning Ordinance or Zoning Map ~°w~ A VARIANCE due to lack of access (State 6f New York Town Law Chop. 62 Cons. Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal ~ (hgs not) of the Building Inspector or with respect to this prop[rt¥. Such oppeal wos{ ) request for a speciol permit ( ) request for o vorionce ond wos mode in Appeol No ................................. Doted ...................................................................... been made with respect to this decision / REASON FOR APPEAL ( ) A Variance to Section 280A Subsection (X) A Variance to the Zoning Ordinance ( ) is requested for the reason that Appellant wishes to build a one family residence on undersized parcel, which proposed construction does not confonn to side yard setback requirements. Form ZBI (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practicaldifficultiesO~in~l~cl~13~! sary HARDSHiP because Appellant wishes to construct a one family residence on his vacant parcel, which construction has been approved by the Suffolk County Health Department (Exhibit A). Appellant purchased said parcel on 9/25/82 (Exhibit B) from John and Helen Chihlas, with the intention of building a home. Upon consulting with their builder, they discovered that a side yard setback variance of 1~ feet (north side of property) must be obtained prior to the issuance of a building permit. Strict application of the ordinance would produce practical difficulties and unnecessary hardship since Appellant has expended substantial amount of money for the purchase of the property, preparation of surveys, and contracting with his builder. 2, The hardship creotedis UNIQUE and is notshared by ali properties alike in the immediate vicinity of this property and in this use district because The property in question is approximately 11,000 square feet, having a width of approximately 60 feet at the proposed construction area. This narrow lot creates a unique hardship, which is not shared by other properties in Southold Town. 3. The Variance would observe the spirit of the Ordinance an~ WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because Appellant intends to build a single family residence which will conform to the character of the district. Construction of a residence with a side yard variance in the Residential/Agricultural Zoning District would maintain the spirit of Article III, Section 100-31 of the Zoning Ordinance. STATE OF NEW YORK ) ) ss COUNTY OF S~ ) November Sworn to this .......1...1...t;t}.. ............................... day of ........................................................ 19 86 ~mmiss on Expires March 30~ 1~ ~ OWNER STREET VILLAGE CArD SUB. LOT FORMER OWNER ~A~J L I ACR. TYPE OF BUILDING RES. LAND AGE SEAS. IMP. VL.,_,~'// !? FARM COMM. CB. MISC. 'TOTAL DATE REMARK5 BUILDING CONDITION NORMAL BELOW ABOVE Mkt. Value FARM Tillable Tillable 2 Tillable 3 Woodland Acre 1 Swampland Brushland House Pl~t Total Value Per Acre Value FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD DOCK h HEALTH APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAIt/ICKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 January 15, 1987 Mrs. Patricia C. Moore Rudolph H. Bruer, Esq. Main Road Southold, NY 11971 Re: Appeal No. 3580 Nicholas Babalis (Variances) Dear Pat: Transmitted herewith for your records is a copy of the recent findings and determination rendered by the Board of Appeals in the above matter. Please be sure to return to the Building Department for approval of new construction in writing, if any, and other documents as may be applicable. Please don't hesitate to call either our office or that of the Building Inspector (765-1802) if you have any questions. Yours very truly, Enclosure Copy of Decision to Building Department GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski November 22, To Whom It Ma~ Concern: I, Frank Arnold, residing at 3420 RocKw Point Road, East Marion, NY, do not object on Mr. & Mrs. Nick Babalis building their house next to mine. I understand that Mr. Babali$ has to get a variance. Sincerel$, Frank Arnold S C D[2T OF HEALTH S6RVIC£S oil'J,-. EXPIRES TW SUFFOLK CO. HEALTH DEPT. APPROVAL D,%ELL.~,-' .:1.-, r~,u~-~'/::v , , :"~ '~' " 'EARS FF~OM DATG OF APPRO'/.,L O~ItT } Ma~iru~ N.% 11952 SUFFOLK COUNTY O/PT. OF HEALTH SERVICES - FOR APPROVAL OF NOTICE IS HBREBY GIV- EN, pursuant to Section 267 of thc Town Law und the Code of thc Town of southold, the foUowins pu~ hearinp wtil be held by the ~ TOWN iJOARD OF ~ at the Southold 'F~vn lhJl, Main Road, southoM, NY at & P. esuinr Meetins on Thursday, December 11, 1986, comment. inf tt the fnsowin~ times: 7:3S p.m. Appeal 1%1o. 3216- to the Zunin80~d!nn_n_~ Artl. cie Ill, Section iOO-30(A) [I] ;or permiulon to estabbh second dweHin8 unit upon 9,8~ acre Location of Propmy. Sunth Side of Sound Avenue, IVht- tituck, NY; Lot No, 4, Minor Subdivision of Strawberry Fields, which rc~ivM Sketch Pinn -pproval July 8, 1~5 by thc Town Plannin~ Bosrd; County ~x Map P&rcel No.. 1000-121o3-5 (contalnin~ ~cres). 7:40 pm. Appeal No, 3577. ins Ordinunc~ Article 111, Sec~ fiun 100-32 for p~u~sion to COUNTY OF SUFFOLK ss: STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor. of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island T, raveler-Watchman once each week for ........../ weeks successively, commencing on the ...................... day .... , Sworn to before mc this ..... day ol ..... . , ARTHUR ESSLINOER. - ~,p ~ ~ 3557 to allow reconstruction Variance to the Zo-h,_. Oto,' [?~.o .f~vdlin~wtthinsuffkiantset- dinance, A-ticlc XI,' ~ '. I?~ ~ apun foundation a~ ~ti~t~ 100.119.2 for perml~ion to ~ It.5 and 12 feet, rather than 7 locate acce~ory storMe shed und12feet, at 330 KnoH Circle, within 75 feet of exlallnn,~!::C!~l~stMarion, NY; "Map of Sec- bulkhead and v~'tiunds area at i '~' ~t~Tv~'Gn~d!n~s B~,Estate~' 1515 Arshemomaque Avenue.,! [ Subdivi~on Lot:~ 27 and part of Southold, NY;, Lot No, 21, Map!J , 28; County ~ Map Dtstflet, of Re.don ~ ~'!~ ~ ', 1~0, Section 37, Block 5, Lotl~.. Map Parcet NO. 1000.(~1~ 7:50 p.m. Appeal No. ~7~- 'i?~ JOHN aENKO. Variance for CHARLES AND SANDtL~ ' '. s.?ppi,n~n.ter use_in this ,~..,1 BLAKE. V~iun~fo~A[~ i' ~.~enu ~usmese /.one mm' of Acce~ m~muant to New Yor__ k ~0J~4 sq. ft. of lot area (rece~. Town Law, Section 2804 from '~ :~M from 11/20/86). the eaat side of south Harbor .~,J ~ Board of Appeals will Lane alon~ Old ~ Path ~ herr at said time and place all (Private Road No. 10), t~'~ ¥ pe~onsorrept~entativesdes~'- premises known and referred t~ '~,: ]n~ to be heard in each of the as 695 Old Woods Path. ~ ! '~b~ve hearing. Written eom. Southold, NY; County ~ax Man , m,uts may also be submitted Parcel No 1000-87-1-'~ 7' ~ prim- to the conclusion of the NICHOLAS BABALIS.~.~ ~ :,~mat on,.plea~ call 765-1809, ~ t ......... --~ ~,-~'i~ L~ated r~ovember 20 1986 dinah-- Articl,. m ~.,t.,~, '! R ORDER OF THE struct new dwellin~ with imuf- imufficlent total sideyards at ,~ ~:~' i . CHAIRMAr~ · Linda K. owalski, 3360 Rocky Point Road, Emi ]; Marion, NY; County ~ Map'. ,[~ t~oard ~ecmtary Parcel No, 1000-21-O4-0~. ,][ ~,~ .... IT-12/4/86(49) 8:00 p.m. Appeal No. ~ MICHAEL AND ' JOYC~ .~[/ML[P..,~ Special E.,~eptinn- Bed and Breakfast (t~cessed from 11/20/86) No. 4806&16 Qualified in Suf£oik County Commission Expire~,~ .~ / 19 'n= ~d. Cut~boSue. m'~ t~t ~ ................... '.~.~-'. t. .......,,T~..'. ......... No, 15, Map of N~man~l~0t'l~'~;~ ;~, ..... o, ~,:~ lax Map Pa~*i N~]~ ~ ~O~ G. ~N. ~ ~ ' : - ' ' IIJ3/~A~--' Not~y Pub c, State of New Yor 7:45 p.m. Ap~ N~ ]57~ ~2~.' ~ p~ k Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 APPEALS BOARD December 11, 1986 MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. S.E.Q.R.A. ROBERT J. DOUGLASS JOSEPH H. SAWICKI NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significanc~ APPEAL NO.: 3580 PROJECT NAME: NICHOL~SBABALIS 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:Va-riance.to construct new dwelling with insufficient north sideyard and total sideyards. LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more particularly known as: 3360 Rocky Point Road, Eas~ Marion, NY 21-04-09 REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The relief requested is a setback variance regulated as provided in Section 617.13 of the State Environmental Qualty Review Act, 6 NYCRR. 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. NOTICE OF HEARINGS NOTICE IS HEREM~ GIVEN, pursuant to Section ~ of the Town Law and the Code of the Town of Seuthold, the follow. lng public hearings.will be held by lbo SOUTHOLD TOWN BOARD OF APPEAl.8 at tho ' ~o~h~r~,, NY ~[ ~ Rg~u ra~ Meet-; ~ng'0n Decf 11, 1986, commenc- ing at the following times: 7:35 p.m. Appeal No. 3216 - EUGENE DAVISON. Vari- ance to the Zoning Ordinance, Article III, Section 100-30iA)Il] i for permission to establish sec- ond dwelling unit upon 9.8-+ ac~ parcel over existing horse stable. Location of Property~ South Side of Sound Avenue. Mattituck, NY; Lot d~.4, Minor Subdivision of . Strawberry Fields, which received Bketch Pia~ approval July 8, 1985 by the Town Planning Board; County Tax Map Parcel No.~ 1000-121-3-5 Icontaining 12.6~ ' 7:40 p.m. Appeal No. 3577,-t'' FRANK AND DELORES DAVIES. Variance to the lng Ordinance, Article 111, SOo~/' tion 100-32 for permission to ~- : 8:10 p.m. Appeal No. 3557 - place acce~ory shed in the north . /; ROBERT G. EGAN. Variance sideyard area at 2285 Pine Tre~ . ' to amend Conditional Approval Road, Cutchogue, NY; Lot tPl$; I Rendered 11/3/86 under Appeal Map of Nassau Farms fil~:l } No. 3557 to allow reconstruction March 28, 1935; County Tall [ ofdwel[ing with insufficient 7:45 p.m. Appeal No, 3578 -' at 5 and 12 feet, rather than 7 ARTHUR ESSLINGER. Vari. and 12 feet, at 330 ,K. noll Circle, anco to the Zoning Ordinance, }; ;, East' Marion,, NY; ' Map of Sec- Article XI. Section 100-119.2 for tion Two, Gardiners Bay Es- storage shed within 75 feet of existing bulkhead and wetlands area at 1515 Arshamomaque Avenue, Southold. NY; Lot ~21, Map of Beixedon Estatos;; County Tax Map Parcel No. 1000-66-3-11. 7:50 p.m. Appeal No. 3579 - CHARLES AND SANDRA BLAKE. Variance for Approval of Access pursuant to New York Town Law, Section 280-m from the east side of South Harbor Lane along Old Woods Path (PrE- veto Road ~10), to premises~ known and referred to as 695 Old Woods Path, ~outhold, NY; .County Tax Map Parcel No~ 1000-87.1-23.7, . //"~ 7:55 p.m. Appeal No. 3580 NICHOLAS, BABALIS. Vari~ anee to the Zoning Ordinance, Articla ili, SectiOn 100-31 for, permission Lo construct new i dwelling with insufficient north, erly aide. yard and insufficient t, oh, I oideyard~ at 3360 Point Road, E~mt Marion, NY; County Tax Map Parcel No. ~ 1000-21-O4-09. . 8:00 p.m. Appeal No. 3,572 '- MICHAEL AND JOYCE MAI'I'ES. Special Exception. Bed and Breakfast (recessed from 11/20/861. · STATE OF NEW YORK COUNTY OF SUFFOLK Carol Sgarlata of Graenport, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Greenport, in the Town of Southold, County of Suffolk and Stats of New York, and that the Notice of which the annexed la a printed copy, has been regularly published in said Newspaper once each week for one weeks gucceaglvely, commencing on the z+ dayof D~_c 19 8~ PrincipaI Clark be~n~_e this 1-~ · y///~_ MARY K. D£GNkN /-~. /~.~'~ ~ N~A~ PUBLIC, S~te of New York ~u ~ ~uffolk ~u,ty No. 4849860 Term Expires Februar~l~ trier I000, Section 37, Block 5, I~,t 12. 8:15 p.m. Appeal No. 3552 - · JOHN SENKO. Variance for shopping center use in this B-I General Busine.'~ Zone with 30,084 aq, R. of lot area (recessed/_ from 11/20/861. The Board of Appeals will hear at ..mid time and placo alt persons or representatives desir- ing tO be heard in each of the above bearings. Written com- ments may also he submitted prior to the conclusion of the subject bearing. For more infor- mation, pleasecal1765-t809. · Dated: November 20, 1986. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEAI.S GERARD P. GOEIIRINGER, CHAIRMAN Linde Kowalski, Board of Secretar~ , ITD4-5446 ~ .... 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- BTATE R[3AD 25 SDUTHE]LD, L.I., N.Y. 11971 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 the're 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 .~. ~/~_ ,~ G~RAI~D P. GOEHR~"NGER ~7 CHAIRMAN Enclosure Linda .Kowalski Secretary and Board Clerk RECEIVED z1 86 TOWN OF SOUTHOLD, NE'Wi YORK 10¥ / To~I ~11~ '~iI~R~I~L FROM DECISION OF BUILD NG INSPECTOR I~ APPEAL NO. ~-~'.~ DATE .............................. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHO~D, N. Y. · .L..6..0.7....6.~.~m;¢a. ~v..~, ..................................... 1, (We) NIC~OLASNome~;[.$.of Appellant .... of I ' , Street and Number North Bergen NJ ......................................................................................................................... HEREBY APPEAL TO Municipality I State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON 1 APPLICATION FOR PERMIT NO ............................... ! t..,i.. DATED 6, ]-986 THE BUILDING INSPECTOR DENIED TO ! WHEREBY Inland Hcmes Ins., a/c Nic3~las Babalis Name of Applicant for permit of BOX 117, Mattituck, N.Y. 11952 Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( X ) BUTTJ3ING PEt~I2T 1. LOCATION OF THE PROPERTY ....3..3..6..0...~...k~.....~..o.'.l..n..t.....P~...~. .............. '.'..A.:'.~...P~...s.:../..A...g~...i.: .............. Street Use District on Zoning Map ~.f..]:g.0..0. T..0..2..t. L0..4.7..0..9. ....... ' .............. Current 0~ner Nicholas ]3abalis Mop No. Lot No. section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article III, Section 100-31 PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- TYPE OF APPEAL Appeal is made herewith for A VARIANCE to the Zoning Ordinance or Zoning Map A VARIANCE due to lack of access (State 6f New York Town Law Chap. 62 Cons. Art. 16 Sec. 280A Subsection 3J /' 4. PREVIOUS APPEAL A previous appeal~ (hgs not) of the Building inspector or with respect to this proptrty. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... been made with respect to this decision / REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (X) A Variance to the Zoning Ordinance ( ) is requested for the reason that Appellant wishes to build a one family residence on undersized parcel, which proposed construction does not conform to side yard setback requirements. Form zB1 (Continue on other side) I REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties ~L~~ 'w*~ sary HARDSHIP because Appellant wishes to construct a one family residence on his vacant parcel, which construction has been approved by the Suffolk County Health Department (Exhibit A). Appellant purchased said parcel on 9/25/82 (Exhibit B) from John and Helen Chihlas, with the intention of building a home. Upon consulting with their builder, they discovered that a side yard setback variance of 1~ feet (north side of property) must be obtained prior to the issuance of a building permit. Strict application of the ordinance would produce practical difficulties and unnecessary hardship since Appellant has expended a substantial amount of money for the purchase of the property, preparation of surveys, and contracting with his builder. 2. The hardship createdis UNIQUE and isnot shared by all properties alike in the immediate vicinity of this property and in this use district because The property in question is approximately 11,000 square feet, having a width of approximately 60 feet at the proposed construction area. This narrow lot creates a unique hardship, which is not shared by other properties in Southold Town. 3 The Var,once would observe the spirit of the Ordinance an~ WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because Appellant intends to build a single family residence which will conform to the character of the district. Construction of a residence with a side yard variance in the Residential/Agricultural Zoning District would maintain the spirit of Article III, Section 100-31 of the zoning Ordinance. STATE OF NEW YORK ) ) ss COUNTY OF SUFFCLK ) November Sworn to this ....... 1..~..tt} ................................ day of ........................................................ 19 86 /'/Notary Public Commission [..xp res March 30, ~.~ JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 November 12, 1986 TO: Southold Town Zoning Board of Appeals FROM: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3580 , application of Nicholas Babalis for a variance. Also included in notification to adjacent property owners; Short Environmental Assessment Form; Letter relative to N.Y.S. Tidal Wetlands Land-Use; Notice of Disapproval from the Building Department; survey of property; and any other attachments relative to this application. 3u~lith T. Terry ~ Southold Town Clerk BOARD OF APPEALS. TOWN OF SOUTHOLD In the Matter m' the Petition of NIO{OLAS BABALIS to the Board of Anneals of the Town of Southold TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. Th~ intention of the undersigned to petition the Board of Appeals of the Town of Southold to request ~[Vari~Special Exception) (Special Permit) (Other) [circle choice] ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 3360 Rocky Point l~Dad, East ~rion, N.Y. Suffolk County Tax MaD designation: 1000 - 021 - 04 - 009 3. That the property which is the subject of such Petition is located in the following zoning district: "A"-Aqricultural/Residential 4. That by such Petition, the undersigned will request the following relief: side yard set-back $. That the provisions of the $outhold Town Zoning Code applicable to the relief sought by the under- signed are Article III Section 100-31 [ ] Sect. ion 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma)' then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: November 10, 1986 Patricia C. Moore Petitioner Owners ' Names :Nicholas Babalis Post Office Address Main Road, Southold, N.Y. 11971 (516) 765-2500 NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS Frank Arnold & ors. James Avram -. Ersulia Pauli ~ ili 3420 Rocky Point Road East Marion, N.Y. 11939 2 Candlewood Lane Utica, N.Y. 13501 29 Rose Court Smithtown, N.Y. 11787 STATE COUNTY OF SUFFO of verse side hereof, names; the curren rice at (certified) Sworn to before me this ..... t2t. h d,Ty of htnv~mt~]- ~_ , 19~ 370 ~ , sworn, deposes and says that on the 12~1~ day a true copy of the Notice set forth on the re- dresses set opposite their respective persons are the addresses of said persons as shown on ! Southold; that said Notices were mailed at the United States Post Of- ; that said Notices were mailed to each of said persons by MARY DIANA FOSTER I~TrARy PUBLIC, State o! New Yor~ No. 52-4655242, Suffolk 30, ]9 ~0mm~ssion Expires Match County (This side does not have' to be completed on form transmitted to adjoining property owners.) .S.HORT ENVIRONMENTAL ASSESSMENT FORM INSTRUCTIONS: (a) In order to answer the questions in this short gAF is 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 si~nificant and a ccmpleted Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that this project is n o.__~ 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 ~ No 2. Will there be a major change to any unique or unusual land form found on the site? · · , · · Yes ~' No 3. Will project alter or have a large effect on an existing body of water? , , , · · · · , · , Yes ~ No &, Will project have a potentially large impac~ on groundwater quality? · , · · · · · · · · · · Yes ~ No 5. Will project significantly_ effect drainage flow on adjacent sites? · · · * · · * · · * * · Yes ~ No 6, Will project affect any threatened or endangered plant or animal species? , , , , , , , , , , , Yes . ~ No 7. Will project result in a major adverse effect on air quality? · , · · · , · · · · · · Yes_~ No 8, Will project have a major effect on visual chaD- 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 strucV.- ute of historic, pre-historic, or paleontological importance or any site designated as a critical environmental area by a local agency? · · · Yes .~__ No 10, Will project have a major effect on existing or future recreational opportunities? · . · Yes ~ No 11. Will project result in major traffic problems or cause a major effect to existing transportation systems? · · · · · · · · · · · · Yes ~ No 12. Will project regularly cause Objectionable odors~ noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? . Yes ~ NO 13. Will project have any impact on public health or safety? · · · · · · · · · · , , -- Yes. ~ No l&. Will project ;=ffect the existing community by directly causing a growth in permanent popula- tion of more than 5 percent over a one-year period o__r have a major negative effect on the character of the community or neighborhood?.. Yes ~ No 15. Is there~controvers~oncerning the project? Yes ~ No TITLE: 91W78 ('£cday's Dar. e~ TO: Southo!d Town Board of Appeals Main Road Souzhold, NY 11971 Re: Appeal Application of Location of Property: Dear Sirs: In reference to the New York State Tidal Wetlands Regu~'ations, 6 NYCRR, Part 661, and Article 25 of the ~le:.~ York S~a~o. Environmental Conservation La%;, please be advised tha~ ."ubjec: property i,n the wikhin appeal ap: (pl~az,., check one box)' [ ] May be located .within 300 feet of tidal wetlandc he,%.;ever, constructed alon~ the wa~er-lying of this prope~'ty ioa bulkhead in very geed -- condi~icn and at lu_~ 100 fees in ,'length. [ ] May be 'located wi;:hin 300 f-_~ of ~, however, constructed a!onq the %.vaze'r-lyin? edge of thi~ property is a bulkhead zn need of (minor) (major) repairs, and - ~ .... ' app ..... m~e!v length. - feet in May be located within however, constructed of this p~operty is in length. 3.00 feet of tidal wetlands; along the ~/a~er-lying edge ~ a bulkhead le,s than 100 feet May be located within 300 feet of tlda_ wetland.i; and there is no bulkhead or coacrut,c %{a!! e:.:iz~in 'on the premises. ' [ ~ Is not located within 300 feet of tidal %'/etlands to the best of l~]y kno~.lledge.* [~)tarrcd itc:lis (*} nd~cate your property doc;: i ' not appear to fall within tho juri£diction of the ~l.y.o. D.2.C. hOT_: If proposed projcc~ approval taust be your a.~p 1 ic.~ ' n Sincerely yeurz, falls %lit'bin D.E.C. jurisdiction, received an~l Suhm~t~6d to our o~fice befoue can be scheduled for a public CONSULT YOUR LAWYER BE$ORE SIGNING THIS InSTRUMEnT--THIS INSTRUMENT SHOULD BE USED BY ~WYERS t. 71gl TH~ IND~ made the ~y of September, nineteen hundred and eighty-two 00 )0 00( JOHN CHIHLAS and HELEN CHIHLAS, his wife, both residing at 35 Edgewood Drive, New Hyde Park, New York party of the first part, and NICHOLAS BABALIS and HELEN BABALIS, his wife, both residing at 6407 Granton Avenue, North Bergen, New Jersey party of the second part, WITNE.~LC'TH, that the party of the first part, in consideration of Ten Dollars and other valuable consideration paid by the party of the second part, does hereby grant and release uuto 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 buildings and improvements thereon erected, situate, lying andbeingim~Y,~ at East Marion, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the east side of Rocky Point Road, marking the southwest corner of land now or formerly owned by Arnold; RUNNING along said land North 85 degrees 50 minutes 40 seconds 211.27 feet to land now or formerly of Edwin H. Ring; RUNNING THENCE South 8 degrees 57 minutes 10 seconds East along said land 52 feet to a point; THENCE west along land now or formerly of Avedon 210.47 feet to Rocky Point Road; THENCE North 8 degrees 59 minutes 50 seconds West along the easterly side of Rocky Point Road, 68 feet to the point or place of BEGINNING. BEING and intended to be the same premises conveyed to the party of the first part by deed from Peter M. Karas dated October 8, 1963 and recorded in the Suffolk County Clerk's Office on October 14, 1963 in Liber 5432 page 447. TOGETIIER with all right, title and interest, if any, ol' tile party of tile first part itl and to auy streets and roads ahntting tile above described premises to tile center lines thereof; TOGETHER wkh the appurtenances and all tile estate aud rights of tile party of the first part in and to said premises; TO tfAVE AND TO lIOLI) the premises herein granted unto tile party o[ file second part, the heirs or successors and assigns of the party of the second part forever. AND the party of tile first part covenants that the party of the first part has not done or suffered anything wheroby the said premise, s have been encumbered in any way whatever exctmt as aforesa d AND the ,~..rt3' of tfie..t{rst part, m comphance with Sectmn 13 of the L~en Law covenants that the party .the/first 155,::t'\~,'111: fLge&lW~the consideration for this conveyance and w lo d the r ght to rece ve such cons d- ~arlbn ~/~!a trust.{dnd't$ ~&apphed first for ~:he purpose of paying the cost of the improvement and will apply tile s'~i&~;~4id.t~;~fi~:ment of the cost of the improvement before using any part of the total of the same for any other purpose. Tile word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF~ the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: 712J RECEIVED ..... REAL ESTATE OCT l ~ 198~' IRANSFER TAX SUFFOLK COUNTY Helen Chihlas ~ · /On the~/~y of September 19 82 , before me personally came John Chihlas and Helen Chihlas, his wife to me known to be the individual $ described in and who executed the foregoing instrument, and acknowledged that they executed the same. WILt.lAM H. PRICE. ,JR. i~OTARY PUBLIC. Slete el N~w Ym'k $~dfolk Co~n~ No. ,1544944 Tim E:p~res Much 30, 19~3 STATE OF NEW YORK, COUNTY OF ss: On the day of 19 , before me personally came to me known, who, being by me duly sworn, did depose and say that he resides at No. ; that he is the of , the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corpora- tion, and that he signed h name thereto by like order. STATE OF NEW YORK, CO~Y OF On the day of personally came is: 19 , before me to me known to be the individual described in and who executed the foregoing instrument, and acknowledged t~at executed the same. / STATE OF NEW YORK, COUNTY OF ss: On the day of ]9 , before mc personally came the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. ; that he knows to be the individual described in and who executed the foregoing instrument; that he, said subscribing witness, was present and saw execute the same; and that he, said witness, at the same time subscribed h name as witness thereto. x, VlIH COVENANT AGAIN$[ GRANIOR'S ACI5 LtNo. 07-102,858 tIHLAS TO IBALIS mmTITLE~ GUARANTEe' NE~WYORK SECTION BLOCK LOT COUNTY OR TOWN TAX BIbLING ADDRESS Recorded At Request ol The Title Guarantee Company RETURN BY MAIL TO: Morris Pajonk, Esq. Pajonk & Pajonk 535 Bergen Boulevard Ridgefield, N.J. Zip No. 07657 · ,/:,10 30J'lS'J ';' O3OUOO3U