The URL can be used to link to this page

Home My WebLink About3623Southold Town Board of Appeals MAIN RmA~D- BTATE ROAD 2.5 BOUTHmLD, L.I., N.Y. 11¢J71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3623 Application Dated March 20, TO: Harvey A. Arn0ff, [sq. 16 West Main Street Riverhead, NY 11901 1987 [Appellant (s) ] Mr. and Mrs. Peter Markopoulos At a Meeting of the above on your the Zoning Board of Appeals held on MaN 1], ]987, appeal was considered, and the action indicated below was taken [ ] 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 PETER MARKOPOULOS for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, and prior Appeal No. 3297 rendered December 13, 1984, for approval of the construction of a new single-family dwelling with an insufficient westerly sideyard and insufficient total sideyards at Lot #16, Captain Kidd Estates, along the south side of Sound Beach Drive, Mattituck, NY; County Tax Map Parcel No. 1000-99-1-24. WHEREAS, a public hearing was held and concluded on April 23, 1987 in the Matter of the Application of PETER MARKOPOULOS under Application No. 3297; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the board members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the board made the following findings of fact: 1. The premises in question is referred to as Lot #16, Map of Captain Kidd Estates, and is more particularly shown on the Suffolk County Tax Maps as District 1000, Section 99, Block 1, Lot 24. 2. The entire premises has a frontage along the north side of Sound Beach Drive 50 feet in length and depth of 150 feet. The subject premises is presently improved with a new dwelling structure under construction as permitted by Building Permit #14198Z dated August 13, 1985. (CONTINUED ON PAGE TWO~ DATED: May ll, 1987. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWq~ ZONING BOARD OF APPEALS Page 2 - Appeal No. 3623 Matter of PETER MARKOPOULOS Decision Rendered May 11, 1987 3. By this application, appellant requests area variances for approval of: (a) the insufficient westerly sideyard setback at 11.7 feet, (b) the insufficient total sideyards as revised of 22.0 feet, (c) the insufficient easterly sideyard at 10.3 feet. 4. Article III, Section lO0-31, Column "A-40', of the Bulk Schedule in the Zoning Code requires a minimum sideyard at 10 feet and 15 feet, and total sideyards at 25 feet. By Appeal #3297, a conditional variance was rendered December 13, 1984, permitting the construction of a principal dwelling structure with sideyards at not less than 10 feet and 12 feet, and total sideyards at not less than 22 feet. 5. The amount of relief requested from the prior Appeal is less than 10 inches, and zero percentage on the easterly side yard and total sideyards. The percentage of relief requested from the requirements of the Bulk Schedule of the Zoning Code is 11 percent. 6. Town records show that notification was given April 1986 at the time of the first inspection that a foundation survey was required. Subsequently, a foundation survey was submitted to the Building Department, and a stop work order and Notice of Disapproval was issued (December 11, 1986). On March 19, 1987, this variance application was filed. 7. Although the relief requested is self-imposed, it is the opinion of the Board that the variance is the minimal necessary and would cause a great economic hardship if denied. 8. It is also the opinion of this Board that there shall be no further protrusion into either sideyard area to less than the 11.7 feet and 10.3 feet requested, including any steps, stoops, decks, or other type of construction. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, to GRANT a Variance for approval of the location of new dwel'l~g structure with setbacks at 10.3 feet at the easterly side yard and 11.7 feet at the westerly side yard as shown by survey amended January 7, 1987, prepared by Young & Young, L.S., as applied in the Matter of the Application of PETER MARKOPOULOS, SUBJECT ?0 THE FOLLOWING CON- DITION: That there be no further protrusion into either or both Sideyards at less than the requested 10.3 feet and 11.7 feet, including steps, stoops, decks, or other types of construction. Vote of the Board: Ayes: Messrs. Goehringer, Sawicki and Grigonis. (Members Douglass and Doyen were absent.) This resolution was duly adopted. lk Town Clerk, Town of Southcld /~.,~r~, TOWN OF SOUTHOLD, NEW YORK biAR 0 I987 APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ^PP L NO. DAT S Peter Markopalous _, 222-08 43rd Avenue 1, (We) .................................................................. or ............................................................................ Name of Appeffant Street and Number .......... ~.~.:~d~ ............... ; ........................................................ ~.¢.~...Y.Q~Ji...HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ............... ...................... DATED .....Z..2.:T.~.];..Z.8...6 ................................ WHEREBY THE BUIL'DING INSPECTOR DENIED TO ( ) ( ) (X) Peter Markopalous Name of Applicant for permit of 222-08 43rd Avenue, Bayside, New York Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ..................................................................................................... Street /Hamlet / Use District on Zoning Map District 1000 Section 99 B10ck01Lot24 . - Same as applicant .................................................................................. burren~ 0wner Map No. Lot No. Prior Owner 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article TZZ Section 1.00-31 3. TYPE OF APPEAL Appeol is mode herewith for (please check appropriate box) (x) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of occess (State of New York Town Low Chop. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 ( ) 4. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit (X) request for a variance and was made in Appeal No.....3..2...9.7. .................... Dated ........... .];.0.,Z'..0.,5..~..8.,.~. ........................................ REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (%) A Variance to the Zoning Ordinance ( ) is requested for the reason that due to ±~a~ve~tent bu±lde~s e~rorr ~ounSat±on was poured so that same was 11.7 and 11.2 feet from westerly property line instead of 12' specified. Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce )racticaldffficultiesorunneces- sary HARDSHIP because now that foundation has been poured it would be economically devastating to remove same because of an error of not more than .8 feet and not less than .3 feet on the westerly line 2 The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property aha in this use district because of builder's inadvertent error and unique dimension of property. 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the variance would be in harmony with the general purposes of zoning, would not adversely affect adjoining properties since request is minimal. NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following 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, APRIL 23, 1987, at the following times: 7:35 p.m. Appeal No. 3546 - Application for GREGORY FOLLARI for a Variance from prior Appeal No. 3507 rendered June 25, 1986 to permit the regrading of area witbin~50 feet of the top of the existing bank/bluff along the Long Island Sound in accordance with N~Y.S. Department of Environmental ConservatiOn P~ermit #10-86-1233 issued March 10, 1987. Location of Property: North Side of Sound Drive, Greenport, "Map of Section Four-Eastern Shores" Lot No. 117, Map No. 4586; County Tax Map Parcel No. 1000-33-1-15. 7:40 p.m. Appeal No. 3620 Application of THOMAS BALL for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permission to locate new dwelling with an insufficient setback from the east property line along Arshamo- maque Avenue, Southotd, Lot 4, County File No. 1000-66-02-46. Map of Beixedon Estates, Block 7, 1472; County Tax Map Parcel No. 7:45 p.m. Appeal No. 3621 Application of MICHAEL S. GILLILAN_ D for Variances to {he Zoning Ordinance: (a) Article III, Section 100-32 for permission to construct accessory two-car garage in the frontyard area; (b) Article XI, Section 100-119.2 for permission to locate new dwelling with an insufficient setback from bluff/bank along the Long Island Sound. Location of Property: North Side of Sound Drive, Greenport, NY; County Tax Map Parcel No. 1000-33-1-8; Map of Eastern Shores, Section Four, Lot No. 109. //~ 7:55 p.m.: Appeal No. 3623 - APP~!catio~Of~.:PETER..MARKOPOULO~ for a Variance to the Zoning Ordinance, Article III, Section 100-31,/ bulk Schedule, and prior Appeal No. 3297 rendered December 13, 1984, for approval of the Construction of a new single-family dwell!rig with an insufficient westerly sideyard and insufficient total sideyards at Lot~#16, Captain Kidd Estates,~ along the south side of Sound Beach Drive, Mattituck, NY; County Tax Map Parcel q~o. 1000-99-1-24. ~ ~ Page 2 legal Notice of Hearings Southold Town Board of Appeals Regu,iar Meeting of April 23, 1987 8:05 p.m. Appeal No. 3582 - Application of LARRY AND SANDRA STAHL for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to construct swimmingpool~ deck and fence enclosure, within 75 feet of tidal wetlands or tidal water, which- ever is greater, at 1435 West Road, Cutchogue, NY; County Tax Map Parcel No. 1000-110-07-26. 8:10 p.m. Appeal for a Variance to the lO0-71, Bulk Schedule, this "B-l" General frontyard setback Avenue. Property Avenue, Southold, No. 3593 - Application of THE QUIET MAN iNN Zoning Ordinance, Article VII, Section for permission to construct addition in Business Zoning District with an insufficient from the westerly property line along Hobart Identification: Corner of Main Road and Hobart NY; County Tax Map Parcel No. 1000-62-3-7. 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 information, please call 765-1809. Dated: April 2, 1987. BY ORDER OF THE SOUTHOLD TOWN BOARD OF A~PEALS GERARD P. GOEHRINGER~ CHAIRMAN Linda Kowalski, Board Secretary Copi'es to t~e fol~lowing 4/10/87: Suffolk Times L,I. Traveler .Town Clerk Bulletin Board Z.B.A. Office Bulletin Board Mr. Gregory Mr. Clarence W. Powell Mr. Thomas Ball, RR l, Michael S. Gilliland, Follari, 83 Fairview Avenue, Park Ridges NJ 07656 as Agent, Box ll, Greenport, NY 11944 Woodchuc~ Path, Wading River, NY 11752 Es~., 405 Lexington A~e, NY, NY 10174-0355 Harvey A. Arnoff~ Esq., 16 West Main St, Riverhead~ NY 11901 Yr. Peter Markopoulos, 222-08 43rd Ave, Bayside, NY 11361 Mr. Arthur Siemer'ling, Box 108, Mattituck, NY 11952 Yr. and Mrs. Larry Stahl, 1435 West Road~ Cutcho~ue~ Ms. Regi Weile, Architect, 22 East 22nd St., NY, NY Mr. an~ Mrs. Charles Gilbert, The Quiet Man Inn, NY 11935 lOOlO Main Rd, Southoid 11971 ZBA ~oard Memberstwith copies of files) ZBA Individual files TO$~t'N OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ ,;~.x..~......N~..~& .%, ~,...~.. ...... .~.~:.~..~ .... ~..0~..~.~~... . .~.~ ~,. ~ ~ ~...~ ~ ~)..q~: ~ ~ PLEASE TAKE NOTICE that your application dated ........................... i9 ..... Location of Property . .~..~fi -- ~~ .... ~~.~... ~ ~,~ ......... House No, Street Hamlet County Tax ~ap No, ]000 SecHo~ . .'.. ~ ~ ~ .... Block ..... ~ .I ...... Lot . .~.~ ......... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved,on, tt~e following, grounds., . .~..~, 7. ,~..wrY~....~...0.~?..~... ~] ~,,~...~'...~,G ........ ~; .................. ..., ...... ~.. -~ ........... .~d~ .~ .~.,.~,..q...~.a~..~.,. ~ ..~.. ~.....~,~...~... ~..~...&. ~ .~. ...... ~ - Building Inspector FORM NO. I TCWN OF SOUTNOLD BU I LDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y~'] 1971 TEL.: 765-1g02 APPLICATION FOR ~U~LDING PERMIT INSTRUCTIONS TOWN (3F SOL: YHOLD Application No ............... a. This application must be completely filled in by typewriter or in ink and subndtted4M--~r.L:z~t-o the Build Inspector, with 3 sets'of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showiug location o£ lot and of buildings,on premises, relationsh!p to adjoining premises or public str[ or areas, and giving a detailed description of layout of property must be drawn on the dia~am whici~ is part aP'this ap c. The work covered by this application may not be.commenced be fore issuance of Building Permit. d. Upon apprcral of this application, the Building Inspector will issue a Building Permit to thc applicant. Such per sbalt be kept on the prcmiscs available for inspection throughout the work. e. No building shall be occupied or used in whole or in pa~ for any purpose whatever until a Certificate of Occupm shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for th~ issuance of a Buitding Permit pursuant to Building Zone Ordinance of the Town ~f Southold, Suffolk County, New York, and other applicable Laws, Ordinance: Regulatious, for the construction of buildings, additions or alterations, or for removal or demolition, as herein descdl: The applicant agrees to comply with all applicable laws, ordinances,'building code, housing code, mhd regulations, ant admit authorized inspectors on premises and in buildings for necessary inspections. (Signature of applicant, or name, if a corporation) (. ~aflL~o address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or buJh Nmue of owner of premises I'~ ~ ~ ~ 0 ~ 0 ~ (as on the tax roll or latest deed appEcant is a corporation, signature of duly attthorized officer. (Name and title of co~orate officer) Builder's License No. . ~' ~'~' ,. Plumber's Licens~ No '-IF,. tg ,l~ . Elzctrician's License No,' -T'. ~:~. , Other Trade's Licei~se No ...................... 1. Location of land on which proposed work will be done. L,..1~.. m ~,~ ~ ~"~,J ~' ~ ~ ~ j. .... .............................. House Number Street Hamlet County Tax Map No. 1000 Section ............. Block ... O J. Lot (Name) 2. State existing use and occupancy of premises and intended us~ and occupancy of proposed construcfiom a. Existing use and occupancy 3. Na[ure of work (check which applicable): New 13uLIding . ... Remo','M .............. Demolition .............. Ofl~er Work ......... Repair ......... (Dcscnp~:. ~ E~t~a~ea Co~t .......... 4 ........................ F~ ,~ ., · ............ ~ ...... 5, IF dw¢liing, number of dwelling units .... ~ .~ ~J-~;~ "Nuinber of dwelling units on each floor ........... lfg ..... ' aragc, number of cars . ..~ .~.,. * ~' .... . '. ~.~ .- .............. 5. if business, commercial or m/xed occupancy, specCy ~turc.and extent o~each type of use ................. 7. Dimen~ions ogcxisting structures, i~any: Front~.' .............. Rear .............. D~pth ........... Number o~ Stones ............... Dimensions of same st~cmre wifli alterafion~ br addkions: Front ................. Rear .............. Dept,~ ...................... I{~ ...................... Number of Storie~ .................. S. Dimensions ofcnfir~ n~w constance[om Front . .~, ~ . . Rear .~.~ ...... Dep~h~.~ ~.. Hei~h$ .. ~ ~ .~ .... Nup~b~r of Stofie~ ...... ~. f.~ .... ~ ......................... .~ ...... 9~ Size of]o~: Frong ..... ~ ...... ~ ........ Rear cZ'' .~9 .z~ ..~ ..... Depth .... ~ ........ 12. DeUx pmpo~d construction violate any zoning l~w, ordiaanc G. WiU lot bc rz%radcd ....... ~.~ ..... :. ....... ~me O: Archt[~c~ ........................... A~dress ................ [~Phone No ........... Nam: of Comrac~or ........ ~..~.'~ .......... Address ................... Phone No ............ PLOT DIAGRAM Locate clearly Nd distinctly ail bu,'khngs, whether existing or proposed, and. matcate all set-back dira:nsion, property hncs. Give street and block number or description according to deed, and show street names and indicate wn i a[cr~or or corner rA,T,E OF NEk' .YORK, Couh r¥ OF. S.S ~ ~ ~ ~%~ deposes and says that he is th~ appli ................................. being duly sworn, (Nanie of individual signing contract) abov~ named. ' (Contractor, ~gnt, eorpora~ of~e~r, ~ ~aid owner or own'~, and is duly authorized to perform or havepefformed th~ s~id work and to m~e application; Sat all statements contained in this application are true to the best of his knowledge and belief; and tha~ work will be performed in the manner set forth fl~ the application filed therewith. ~wOm to before me tiffs .......... :2., ...... .... .......... , . ' NOTARY PUBLIC. S,~te of New York ~ [ ' ~/ I / ~ ' ..... le~m 'E~p~r~s ~arch 30, tg~] ' ' ' . A' · OWN ER EET VILLAGE FORMER. O~¥N[~R I N RES. LAND ___v"? IMP. TOTAL AGE NEW NORMAL Farm Acre TillatSle Tillable 2 Tillable 3 Woodland Swampland Br~shland Hbuse Ploi' Total J FARM T DATE BUILDING CONDITIOI', BELOW Value Per Acre E W DISTRICT ACREAGE ./? SUB, ABOVE TYPE OF BUILDING LOT / ¢ Value FRONTAGE ON ROAD ' ./' ~ D~.. r'~'~V /,.~"~ DOCK FRONTAGE ON WATER REMARKS 'COMM. IND. JCB. j MISC. j E~t. Mkt. Vo,u~ /7 b / / / / / / HE,~L.TH DF, PARTMENT-DATA FOR APPROVAL TO CONSTRUCT NOTES ;~i~' ~ =STAKE a~ = MONUMENT SUBDIVISION MAP FILED IN THE OFFICE OF THE CLERK OF SUFFQ~K COUNTY ON dAN. 19,19z~9 AS FILE N0.1672 TOTAl?AREA = 7500 S.E SURVEY FOR PETER IvtARKOPOLOU$ LOT 16, "CAPTAIN KIDD ESTATES" AT MATTITUCK TOWN OF SOUTHOLD SUFFOL~ COUNTY, NEW YORK _ ~JAaJ. T, 1~7 DATE: dUNE 19~ 1986 SCALE: I" = 50' NO, 86 ' 555 YOUNG & YOUNG ALDEN W. YOUNG~ PROFESSIONAL ENGINEER AND LAND SURVEYOR N.Y.C. LICENSE NO. 128~'5 HOWARD W. YCOURG, LAND SURVEYOR N.Y.S. LICENSE NO. 451595 400 O~TRANDER AVENUE RiVERHEAD~ NEW YORK Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. ll9?l TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGOflIS, JR. S.E.Q.R.A. SERGE DOYEN, .IR. ROBERT.I, DOUGLASS NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H. SAWICKI Notice of Determination of Non-Significance APPEAL NO.: 3297 PROJECT NAME: PETE~AND DESPINA MARKOPOULOS 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 simil&r project. TYPE OF ACTION: DESCRIPTION OF ACTION: [X] Type II [ ] Unlisted [ ] Insufficient sideyard setbacks; new dwelling. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: 605 Sound Beach Dr., Mattituck, NY County Tax Map Parcel 91000-99-1-24 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, which does not require further processing,under "Type II" Actions of the State Environ- mental Quality Review Act. FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowals[i, Secretary, Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802. Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. * (3) Separating the project in ques't~on from the waterfront is a 50-foot traveled road. APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINiZIO, JR. Southold Town Board of Appeals MAIN ROAD- C:TATE ROAD 25 c:OUTHOLD, L.h, N.Y. 11971 TELEPHONE (516) 765-1809 ACTION OF THE BOARD OF APPEALS Application of PETER AND DESPINA MARKOPOULOS for a Variance to the Zoning Ordinance, Article III, Section 100-31 and prior Appeal No. 3623 rendered May 11, 1987 for approval of structure(s) with reduced sideyards, at premises known as Lot 916, Captain Kidd Estates, along the south side of Sound Beach Drive, Mattituck, NY; County Tax Map Parcel No. 1000-99-1-24. WHEREAS, a public hearing was held and concluded on October 6, 1988 in the Matter of thenA~'PD.]~-~%~_ion of PETER AND DESPINAMARKOPOULOS under Applicatio 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 made the following findings of fact: 1. The premises in question is referred to as Lot #16, Map of Captain Kidd Estates, and is more particularly shown on the Suffolk County Tax Maps as District 1000 Section 99, Block 1, Lot 24. ' 2. The entire premises has frontage along the north side of Sound Beach Drive 50 feet in length and depth of 150 feet. The subject premises is presently improved with a new dwelling structure under construction as permitted by Building Permit #14198Z dated August 13, 1985. Page 2 - Appeal No. 3779 Matter of PETER A~-£~A M~R~POULOS Decision Rendered~O_ctober 26, 1988~ 3. The subject parcel is presently improved with a new single-family dwelling as depicted on the September 1, 1988 survey prepared by Young & Young, L.S., showing setbacks: (a) at 5.4 feet from the closest point between the westerly side property line and the outer edge of the six-foot wide deck; (b) at 10.3 feet at the northeasterly corner of the dwelling at the easterly sideyard; (c) at 21.7 (10.3 & 11.4) for both sideyards. 4. Article III, Section 100-31, Bulk Schedule, Column "A-40" of the Zoning Code requires minimum sideyards at 10 feet and 15 feet for a total of 25 feet. By Appeal No. 3297, a conditional variance was rendered December 13, 1984, permitting the construction of a principal dwelling structure with sideyards at not less than 10 feet and 12 feet, and total sideyards at not less than 22 feet. By Appeal No. 3623, a conditional amendment was rendered on May 11, 1987, permitting the reduction of the sideyards at not less than 10.3 feet at the easterly side and not less than 11.7 feet at the westerly side, provided there be no further protrusion into either or both sideyards by any construction (inclusive of steps, etc). 5. The relief requested by this application is specifically the walkway and step areas as shown on the September 1, 1988 Survey submitted and considered under this application. 6. It is the position of this Board that in considering this application, the nonconformities of the lot and limited buildable area do lend to the nature of the practical difficulties. The walkway and step areas are the minimal necessary and the Board agrees the request is not unreasonable. 7. It is also the opinion of this Board that there be no further protrusion into either sideyard area to less than that shown on this September 1, 1988 Survey, including steps, stoops, decks, outside shower stalls, or any other obstructions. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to GRANT a Variance in the Matter of PETER AND DESPINAMARKOPOULOS for approval of the steps and walkway areas in the westerly sideyard area as applied under Appeal No. 3779 and shown by the September 1, 1988 Survey prepared by Young & Young, L.S., SUBJECT TO THE FOLLOWING CONDITIONS: Page 3 - Appeal No. 3779 Matter of PETER & DESPINA MARKOPOULOS Decision Rendered October 26, 1988 1. There be no further encroachment into either sideyard area; 2. The easterly sideyard area must remain open and free of obstructions at all times. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and Dinizio. (Members Doyen and Sawicki were absent.) This resolution was duly adopted. lk GERARD P. GOEHRINGER, CHAIRMAN NOTICE OF HEARINGS NOTICE IS HEREBY GIV- EN, pursuant to Section 26? of the Town Law and the Code of the Town of Soothold, the following public hearing~ will be held by the SOUTHOLD TOWN BOARD 0'~ .~):;~E'~L~ at a Regular Meeting at the Southold Town Hall, Main Road, Southold, NY; on TH.U R_S~DA. Yi, A PR I L 23 1987_, at the following times: 7:35 p.m. Appeal No. 3546- Application for GREGORY FOLLARI for a Variance prior Appeal No. 3507 rendered June 25, 1986 to permit the regrading of area within 50 feet of the top of the existing'~ bank/bluff along the Long Island Sound in accordance with N.Y.S. Department of En- vironmental Conservation Per- mit No. 10-86-1233 issued March 10, 1987. Location of Property: North Side of Sound Drive, Greenport, "Map of Section Four-Eastern Shores" Lot. No. 117, Map No. 4586; County Tax Map Parcel No. 1000-33-I-15. 7:40 p.m. Appeal No. 3620- Application of THOMAS BALL for a Variance to the Zoning Ordinance, Article Ill, Section 100-31, Bulk Schedule, for permission to locate new dwelling with an insufficient set- back from the east property line along Arshamomaqu¢ Avenu~ Southold, Map of Beixedon Estates, Block 7, Lot 4, County File No. 1472; County 'Pax Map Parcel No. 1000-66-02-46. 7:45 p.m. Appeal No. 3621- Application of M1CH_AEL S. GILLILAN]~ for'r'r'r'r'r'r'r'r'~/ar~ to the Zoning Ordinance: (a) Arti- cle Ill, Section 100-32 for per- mission to construct accessory two-car garage in the frontyard area; (b) Article XI, Section 100-119.2 for permission to locate new dwelling with an in- sufficient setback from COUNTY OF SUFFOLK STATE OF NEW YORK SS: Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for / weeks da,, ' ........ , J. :'.. 8:05 p.m, Appeal No. 3582I Application of LARRY AND SANDRA STAHL for a Variance to the Zoning Or- dinance~ Article Xl~ Section 100-119.2 for permission to con- struct swimmingpool, deck and fence enclosure, within 75 feet of tidal wetlands or tidal water, whichever is greater, at 1435 West Road, Cutchogue, NY; County Tax Map Parcel No. 1000-110-07-26. 8:10 p.m. Appeal No. 3593- Application of THE QUIET MAN INN for a Variance to the Zoning Ordinance, Article VII, Section 100-71, Bulk Schedule, for permission to construct ad- dition in this "B-I" General Business Zoning District with abc insufficient frontyard setback from the westerly property line along Hobart Avenue. Property Identification: Corner of Main Road and Hobart Avenue, Southold, NY; County Tax Map me this ..................... day of Notary Public BARBARA FORBES Not~ry Public, State of New York No. 4806846 Qualified in Suffolk County Oomrni~sion Expires//~,] 3 / 19 ~; bluff/bank along the Long ~ Island Sound. Location of:~ro- ] Parcel No. 1000-62-3-7. perry: North Side of Sound i The Board of Appeals will Drive, Grcenport, NY; CoUnty J hear at said time and place all Tax Map Parcel No. le00-33-1-8~v.~ persons or representatives desir- Map of Eastern Shores, Sectioff, ; lng tO be heard in each of the /~our, Lot No. 109. '~.~ above matters. Each hearing will 7'55. p..m ~AppealNo. 362Y}:~ ~ - : :notstartbef°rethetmea ut- Application of PETER] ted. Wrttten comments may be MARKOPOULOS 'fgr ~ i / submitted prior to the conclu- Variance to thc.Zoning Or- [ 'sion of the subject hearing. For dinance, Article Ill, Section [ more information, please call 100-31, Bulk Schedule, andprior ~ 765-1809. Appeal No. 3297 rendered x~ Dated; April 2, 1987 December 13, 1984, for approval I BY ORDER OF TH~ of the construction of a new ~' SOUTHOLD TOWN single-family dwelling with an \ BOARD OF APPEALS insufficient westerly sideyard ~ GERARD P. GOEHRINGER, and insufficient total sideyards I CHAIRMAN at Lot No. 16, Captain ::idd I Li~nda Kowalski, ....~Estates, along the soutl~ side of L .~ ard Secretary Sound Beach Drive, Mattituck, J/~'g ~ fF-4/16/87(1) APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. OOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 2.5 SOUTHr-ILD, L.I., N.Y. 11cj71 TELEPHONE (516) 765-1809 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time and date of the public hearing concerning your recent application is a copy of the Legal Notice as published in the L.I. Traveler- Watchman, Inc. and Suffolk Weekly Times, Inc. Someone should appear in your behalf during the public hearing in the event there are questions from board members or persons in the audience. Please be assured that your public hearing will not start before the time allotted in the Legal Notice. If you have any questions, please feel free to call our office, 765-1809. Yours very tr~lw~, . ,~ G'I~RA~D P. GOEHR~NGER ~ CHATRHAN Enclosure Linda ;<owalski Secretary and Board Clerk Southold Town Board of Appeals MAIN ROAD- STATE ROAD 2.5 SOUTHOLD, L.h, N.Y. 119'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS April 23, 1987 GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGOfllS, JR. SERGE DOYEN, JR. S .E .Q .R.A. ROBERTJ. DOUGLASS NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H. SAW~CKI Notice of Determination of Non-Significance APPEAL NO.: 3623 PROJECT NAME: PETER MARKOPOULOS This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: ~ Type-II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Construction of new dwelling/foundation with an insufficient westerly side and insufficient total sideyards to less than that granted under Appeal No. 3297 (12/13/8~ LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: Sound Beach Drive, Mattituck, NY 1000-99-1-24 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 as regulated by Section 617.13, 6 NYCRR, SEQRA FOR FURTHER INFORMATION, PLEASE CO~TACT: Linda KowalsRi, Secretary, Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802. Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. (3) Information has been submitted'by applicant or his agen% indicating that the project will not involve the disturbance of wetlands grasses or areas subject to flooding which may be considered wetlands. mc ~THOLD TOWN BOARD OF MATTER OF PETER MARKOPOULOS THURSDAY, APRIL 23, 1987, PUBLIC HEARING 8:04 p.m. Appeal No. 3623 Public Hearing commenced in the Matter of PETER MARKOPOULOS. Variance for approval for construc- tion of new dwelling/foundation with an insufficient westerly side and insufficient total sideyards to less than that grantedl under prior Appeal No. 3297 (12/31/84). The Chairman read the legal notice and application for the record. CHAIRMAN GOEHRINGER: Appeal No. 3623 on behalf of Peter Markopoulos I have a copy of a survey which is indicated as a foundation survey dated June 19, 1986, updated on January 7, 1987 produced by Young and Young Surveyors. I have a copy of a decision of the Southold Town ZBA. One mentioned: which shows that condition number one, the sideyards not be reduced to less than 10 feet on the easterly- side and 12 feet on the westerly side. The staircase will not be wider than 3 feet into the sideyard area which was received by us on October 5, 1984 and the decision was signed and filed on Decem- ber 14, 1984. And I have a copy of the Suffolk County Tax Map in- dicating this and surrounding properties in the area. Is there somebody who would like to be heard on behalf of this application? MR. ARNOFF: Yes. Just very briefly, I'd like to be heard. I think there's one thing I feel it mentioned in the application. That is the aggrogant sideyard which the Board originally approved back in 1984, is stated as consistant with what we have. It's still 22 feet. We're not asking to change the aggrogant amount of the sideyard. What we'really-have here is a dimineous thing that was done by the builder. I might point out that the original survey which was done by someone in Bone and Bonucci, indicated compliance with the Board. The house would be 28 feet. That would be 10 feet and 12 feet on either side. Apparently, unbenounced to anybody until this was well into construction and even virtually finished at this point, it was determined on an updated survey that the founda- tion had been poured to create this minor problem. I presently spoke with Mr. Levinus who was one of the owners and one of the particular owners, called me and said he had no objection whatsoever considering the minor nature of this. I have not heard from any of the other property owners. CHAIRMAN GOEHRINGER: Could you just state your name for the files. MR. ARNOFF: Harvey Arnoff. here. I'm the attorney for the applicant CHAIRMAN GOEHRINGER: Ok. I thank you. Is there anybody else who would like to speak in favor of this application? Anybody like to s~eak against the application? Page 2 - April 23, 1987 Public Hearing OPeter Markopoulos Southold Town B~ard of Appeals MR. HOLDEN: Good evening. I'm the brother of the party residing on west side. I'm not really speaking in opposition to the appli- cation. It's just that when we appeared here before, there was some restrictions placed with regard to the application and I think the restsrictions have now entered into it again. It's indeed un- fortunate that the builder was unable to conform to the zoning regu- lations and extend the area to the west side by a one foot margin. The structure itself is a very fine structure and I don't want any- body to think we're not complimenting the neighbors. However, there are two things that are involved. The original premise was granted with a restriction that a staircase leading to the rear decking be limited to 3 feet extended out to that sideyard. With the one foot extension, we now have a four foot total for the staircase-leading to the rear deck to be 3 feet. So we now have four feet. The Holdens would be the party on the opposite side. Sorry, my teeth aren't doing too well. I'm not opposing that. They feel it would be unkind to restrict somebody to go up a two feet staircase rather than 3 feet. However, there is, in looking at the plans on the property, a problem which might come up and it would only be asking that the Board review and continue holding the builder to the plans as specified. And what I am suggesting and referring to here perhaps minor or in fact, minor to this problem which presently faces the owners. Regarding the staircase, the diagram which was submitted to the Board has a pro- posed diagram of a staircase. May I preest it to the Board? CHAIRMAN GOEHRINGER: Sure. MR. HOLDEN: Thank you. If I may, This is .a diagram of the sideyard area which has a staircase leading from the westerly side. Those steps do not presently exist on the building. They are not on the diagram. I believe the applicant is saying that they are not there. That is correct. The staircase is not there at this time. However, the application indicated that there would be a decking at the rear and there is an area for decking at the rear and there is no indica- tion that there's not going to be one. So I'm assuming there are and that's what I'm directing my points to at this moment. If the staircase, whatever you choose to call it, leading up to the deck in the back is kept to 3 feet which is fairly reasonable, ..... CHAIRMAN GOEHRINGER: You're talking about width now? MR. HOLDEN: .... is kept to that width, that would be acceptable and certainly conforming, provided the staircase stairs at the point indicated on the diagram: at the beginning of the rear 'por- tion of the premises rather than at the entrance to the side door. Now there's an entrance at the side door and I have a photograph. The driveway that's on the side which has a retaining wall which I don't think was on the original plans, and extends out at least five feet into the sideyard. I'm not going to comment on it at this time. If the deck staircase is to start at that area, it would be out at least five feet plus the additional foot already which would make it 6 feet out into the sideyard. I believe there is some comments by the applicant and that there's a misunderstanding. Page 3 - April 2~m~ 1987 Public Hearing ~eter Markopo~los Southold Town Board of Appeals MR. ROLDEN (Continued): So what we're asking is that; if there is to be a conformity to the plan§ and start at the rear as indicated in the plans to end at the rear of the building and do not extend it the full length of the decking. And I assume that would be the intention to con- form to the plan. Otherwise, it would be four feet out and an extension into the sideyard. CHAIRMAN GOEHRINGER: Which would require an additional variance. MR. HOLDEN: The other item is an erosion problem which has de- veloped at the rear. I understand that when the building was started, that the property owner to the rear of the premises had to make an application to cease the construction until the retain- ing wall was installed. Is that correct council? CHAIRMAN GOEHRINGER: Mr. Holden, you must address the statements up here. You can not ask questions. MR. HOLDEN: I'm sorry. I didn't know if the council was aware it took place. I don't wish to take advantage of him. The appli- cant ~ did take steps to correct the erosion. But in viewing the steps that were taken, the retaining wall was not completed. It only extended a portion of the way. And as a result at this time, there is still erosion coming down and not only eroding on to the applicant's property, it is now eroding on to the adjoining proper- ty which is the party I represent, my brother. May I present a couple of photographs? CHAIRMAN GOEHRINGER: Sure. MR. ~OLDEN: I just have a few photographs showing erosion on the side. CHAIRMAN GEOHRINGER: Mr. Holden, what is your brothers name? MR. HOLDEN: Robert and my name is William. CHAIRMAN GOEHRINGER: Thank you. MR. HOLDEN: It would appear that from the photographs, that the sand has now gone onto the applicants property around the rail- road ties and it is now eroding onto the property of my brother. Now, these would appear to have these corrected, the property above, it was necessary for him to bring a lawsuit to have this corrected. We do not wish to be placed in the position of bringing a lawsuit against our fine neighbor. And I would ask that when the Board considers this application, then to consider the fact that at present the correct measures taken, the intent to avoid erosion, are incomplete and that the application have restrictions with regard to that. Page 4 - April 23, 1987 Public Hearing~Peter Markopoulos Southold Town ~'ard of Appeals CHAIRMAN GOEHRINGER: Thank you. MR. HOLDEN: Thank you. MR. ARNOFF: Mr. Goehringer, may I possibly respond to some of those? First of all, I think that it's incumbant upon the build- er and the property there to comply with the plans as submitted to this Board and submitted to the Building Department. We have not come in here and asked to expand upon those plans. Similarly any deck which is put forth in any of those plans, will, if it's even installed, will comply with those plans. Obviously, as you have correctly observed Mr. Goehringer, if in fact we go beyond that, we're going to have to come back to this Board for appropri- ate variances for that choice. In the interim, we are bound to what we have submitted and we will comply with them. What we have here, by the way, is not one foot as council would have you believe, but I think you're dealing with fractions of feet here. We're talking about'instead of 12 feet on the side that we're talking about 11.7 feet at one point and 11.2 feet on the other and we're really in a dimineous situation. The other thing that I think should be pointed out is the stairs that were not there. In other words, the people have basicallly stopped work because of the fact that Mr. Lessard (and I might add, quite properly) re- fused to issue a c.o. And as a matter of fact, issued a stop work on this particular project. And we're awaiting this Board's action. Now, as far as the retaining wall and things of that na- ture, that work was not completed yet. But I submit, we have had more rain this year than I can remember in the Springtime and there is erosion everywhere. And we're all dealing with it as best we can and I'm sure the Markopoulos' will deal with it. They don't intend to be bad neighbors. But we can't certainly, be called upon to anticipate every possible thing that can happen. All we can do is what we should be doing to preserve our property and not to adversely effect the contiguous owners and that's what we intend to do. And I think that the application here is a very simple one and I don't think expanding it, as Mr. Holden would (in some way) have this BOard do and I don't quite fathom how this Board would be doing it. I don't think it's appropriate. Thank you. CHAIRMAN GOEHRINGER: Would you like to be heard? MR. HOLDEN: Yes. I don't wish to mislead the Board and there was no statement that I'm asking anyone to expand anything. I am asking that the Board maintain its restrictions that have been placed on the applicant who will be a neighbor and who is here today to make a request for an alteration to a restriction that has apparently not been complied with which I don't think council is aware. That foliage has already been given up and now there is an additional foot and that is why we're here. Thank you sir. CHAIRMAN GOE~RINGER: Thank you. Is there anybody else who would like tobe heard on behalf of this application? Hearing no further questions, I'll make a motion closing the hearing reserving deci- sion until later. Thank you for coming in. Ail in favor - AYE. DEPARTMENT OF PLANNING COUNTY OF SUFFOLK Michael A. LoGrande SUFFOLK COUNTY EXECUTIVE 360-5206 LEE E, KOPPELMAN DIRECTOR OF PLANNING May 22, 1987 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following application(s) which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Thomas J. Ball JMr. & Mrs. Peter Markopoulos 3620 3623 Very truly yours, Lee E. Koppelman Director of Planning S/s Gerald G. Newman Chief Planner GGN:mb APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, .JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board o£ Appeals HAIN ROAD- STATE RnAD 25 SnUTHC]LD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: ×× Variance from the Zoning Code, Article IZI, SectionlO0-31 Bulk Schedule Variance from Determination Special Exception, Article Special Permit of Southold Town Building Inspector · Section Appeal No.: 3623 Applicant: Mr. and Mrs. Peter Markopoulos Location of Affected Land: Sound Beach Drive, Mattituck, NY County Tax Map Item No.: 1000- 99-1-24 Within 500 feet of: Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area or COMMENTS: Applicant is requesting ~k~ kx the construction of new single-family dwelling with an insufficient westerly sideyard and Existing or Proposed Right-of Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Established Channel Lines, Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. approval of a ~Ilsufficicnt total sideyards Copies of Town file and related Dated: May 19, 1987 documeDts eiiclosed for your revi(~w. Southold Town Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI May 13, 1987 Harvey A. Arnoff, Esq. 16 West Main Street Riverhead, NY ll901 Re: Appeal No. 3623 - Peter and Despine Markopoulos (Variance) Dear Mr. Arnoff: Transmitted herewith for your file and perusal is a copy of the official findings and determination recently rendered by the Board of Appeals, the original of which has this date been filed with the Office of the Town Clerk. Please be sure to return to the Building Department for issuance of any permits or other approvals in writing as may be applicable. Please do not hesitate to call either our office (765-1809) or that of the Building Inspector (765-1802) if you have any questions. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN Enclosure Copy of Decision to: Building Department By Linda Suffolk County Planning Commission ,' Kowalski JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS TO: OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 20, 1987 Southold Town Zoning Board of Appeals Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 FROM: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3623 , application of Peter Markopalous 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. Judith T. Terry Southold Town Clerk NOTICE OF ItEARING~ NOTICE IS HEREBY GIVEN, pursuant to Soctioq~ of the Town Low and the ColOr the Town of Southold, the follow- ing public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting at the Southold Town Hall, Main Road, South- old, New York, on THURS- DAY, APRIL 23, 1987, at the following times: 7:35 p.m. Appeal No. 3546 - Application for GREGORY FOLLARI for a Variance from prior Appeal No. 3507 rendet~d June 25, 1986 to permit the re- grading of area within 50 feet o! the top of the existing bank/bluff along the Long Island Sound in accordance with N.Y.S. Depart- ment of Environmental Conser- vation Permit #10-86-1233 is- sued March 10, 1987. Location of Property: North Side of Sound Drive, Greenport, "Map of Sec- tion Four-E tor- Shores" Lot No. 117, Map No. 4586; County Tax Map Parcel No. 1000-33-1- 15. 7:40 p.m. ApI~eel No. 3620 - Application of THOMAS BALL for a Variance to the Zoning Or- dinance, Article III, Section 100- 31, Bulk Schedule, for permis- sion to locate new dwelling with an insufficient setback from th~ east property line along Ar- shamomaque Avenue, Southold, Map of Beixedon Estates, Block 7, Lot 4, County File No. 1472; County Tax Map Parcel No. 1000-66-02-46. 7:45 p.m. Appeal No. 3621 - Application of MICHAEL S. GILLILAND for Variances to the Zoning Ordinance: la) Arti- cle IH, Section 100-32 cf~rssP~o~r- %-0 mission to construct a ce ry,/ two-car garage in the frontyard area; (bi Article Xl, Section 100- 119.2 for permission to locate new dwelling with an insuffi- cient ~etback from bluff/bank along the Long Island Sound. Location of Property: North Side of Sound Drive, Greenport, NY; County Tax Map parcel No. 1000-33-1-8; Map of Eastern Shores, Section Four, Lot No. 109. 23 ~ 7:55 p.m. APpeal No. 36 y- Application of PETER MAR- KOPOULOS for a Variance to the Zoning Ordinance, Artic,,I,e IH, Section 100-31; Bulk Schedule, and prior Appeal N~o. 3297 rendered December 13, 1984 for approval of the co,n- struction of a new single-family dwelling with an insuffici%nt westerly sideyard and insuffi- cient to'~al sideyards at Lot #16-, Captain Kidd Estates, along the south side of Sound Beach Drive, Mattituck, NY; County Tax Map~__~ ~parcel No. 1000-99-1-24. 8:05 p.m. Appeal No. 3582 - Application of LARRY AND SANDRA STAHL for a Vari- ance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to construct swim- mingpeol, deck and fence enclo- sure, within 75 feet of tidal wet- lands or tidal water, whichever is greater, at 1435 West Road, Cutchog~e, NY; County Tax Map Parcel No. 1000-110-07-26. 8:10 p.m. Appeal No. 3593 - Application of THE QUIET MAN INN for a Variance to the Zoning Ordinance, Article VII, Section 100-71, Bulk Schedule, for permission to construct addi- tion in this "B-l" General Busi- ness Zoning District with an in- sufficient frontyard setback from the westerly property line~ along Hobart Avenue, Property Identification: Corner of Main Road and Hobart Avenue, Southold, NY; County Tax Map Parcel No. 1000-62-3-7, The Board of Appeals will hear at said time and place alt persons or representatives desir- ing to be heard in each of the above matters. Each hearing will not start before the time al- ~I'ATE OF NETWORK ) ) SS: COUNTY OF SUFFOLK ) Richard Williams ofGreonport, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weakly Newspaper, published at Greenport, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which tha annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 weeks successively, commencing on the 16 th dayof April 19 87 Principal Clark Sworn to I~efpre me this _~ // /// ~ ti0TA~Y PUBLIC, ~tate o! New BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or' the Petition of : Peter Markopalous by:. Harvey A, A~.noff, to the Board of Appeals of the Town of Southold : TO: Holden 12 Eagle Lane Hauppauge, New York 11787 Esq. NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (Special Exception) (Special Permit) (Other) [circle choice] 2. That the property wt~ich is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 605 Sound Beach Drive, Mattituck, New York 3. That the property which is the subject of such Petition is located in the following zoning district: A-Residential & Agricultural Zonin.g District 4. That by such Petition, the undersigned will request the following relief: Amend prior sideyard variance from 10' on easterly side and 12' on westerly; side to 10' on easterly side and 11' on westerly side. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article Section I' ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma), then and there examine the same during regular office hours. (516) 765-].809. 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: March 19, 1987 BYH/~~~Esq.~ Pet~ ~ner Owners palous Post Office Address 605 Sound Beach Drive Mattituck, New York 516-727-4160 P E ATTACks P 429 ~P-~65 RECEIPT FOR CE~q~F,~.~ ~,,~ Ho/den 12 Eagle Lane Hauppauge, NY 11787 STATE OF NEW YORK:COUNTY OF SUFFOLK BOARD OF APPEALS, TOWN OF SOULTHOLD x In the Matter of the Petition of Peter Markopalous by: Harvey A. Arnoff, Esq. to the Board of Appeals of the Town of Southold =x STATE OF NEW YORK) COUNTY OF SUFFOLK)ss: AFFIDAVIT OF SERVICE Michelle C. Tucker being duly sworn, deposes and says, that deponent is not a party to the action, is over 18 years of age and resides at 21 Corwell Avenue, Riverhead, New York, 11901. That on the 19th day of March, 1987, deponent served the within Notice to Adjacent Property Owner upon Holden at 12 Eagle Lane, Hauppauge, New York 11787 by certified mail by depositing a true copy of same enclosed in a postpaid addressed wrapper, in a post office depository under the exclusive care and custody of the United States Postal Service within the State of New York. Mic~elle C. Tucker Sworn to before me this 19th day of March, 1986. NOTARY PUBLIC BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of Peter Markopalous by: Harvey A. to the Board of Appeals of the Town of Southold TO: Pappas Box 213 Inlet Drive Mattituck, New York 11952 Arnoff, Esq. NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold ( to requesta (Variance) (Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which is the subiec~ of the Petitiqn is located adjacent Fo your property and is des- cribed as follows: 605 Sound Beach Drive, Mattltuck, New York 3. That the property which is the subject of such Petition is located in the following zoning district: A-Residential & Agricultural Zoning District 4. That by such Petition, the undersigned will request the following relief: Amend prior sidevard variance from 10' on easterly side and 12' on westerly side to lo' on easterly side and 11' on westerly side. 5, That the provisions of the 5outhoid Town Zoning Code applicable to the relief sought by the under- signed are Article Section [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma)' then and there examine the same during regular office hours~ (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattltuck Watchman, newspapers published in the Town of 5outhold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such bearing. ~.--'"~7__ Dated: March 19, 1987 By: ..~-];.~ ~//~ .~..~~L~Arn°C' Esq' Petitioner Peter~rkopalous Owners ' Names: P~s~,Dffice Ad~dr~s , ~ hOD ~oun~ ~e~cyrlve Mattituck, New York (Tel. 516-727-4160 P PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS 429 502 927 Livan~s ~208-12 30th Avenue .... 11~60 STATE OF NEW YORK:COUNTY OF SUFFOLK BOARD OF APPEALS, TOWN OF SOULTHOLD x In the Matter of the Petition of Peter Markopalous by: Harvey A. Arnoff, Esq. to the Board of Appeals of the Town of Southold :x STATE OF NEW YORK) COUNTY OF SUFFOLK)ss: AFFIDAVIT OF SERVICE Michelle C. Tucker being duly sworn, deposes and says, that deponent is not a party to the action, is over 18 years of age and resides at 21 Corwell Avenue, Riverhead, New York, 11901. That on the 19th day of March, 1987, deponent served the within Notice to Adjacent Property Owner upon Pappas at Box 213,Inlet Drive, Mattituck, New York 11952 by certified mail by depositing a true copy of same enclosed in a postpaid addressed wrapper, in a post office depository under the exclusive care and custody of the United States Postal Service within the State of New York. Sworn to before me this 19th day of March, 1986. NOTARY PUBLIC ~ilhelle C. Tucker BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter o~ the Petition of : Peter Markopalous by: Harvey A. ~rnoff, to the Board of Appeals of the Town of Southold : TO: Livanos 208-12 30th Avenue Bayside, New York 11360 Esq. NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (Special Exception) (Special Permit) (Other) [circle choice] ). 2. That the property which is the subiect of the Petition is located adjacent to your property and is des- cribed as follows: 605 Sound Beach Drive, Mattituek~ New York 3. That the property which is the subject of such Petition is located in the following zoning district: A- Residential ~ Agri~l]lh]ra] zoninq Dis~r~ '~i~ 4. That by such Petition, the undersigned will request the foUowingrelief: Amend prior Sideyard variance from 10' on easterly side and 12' on westerly ~ide to 10' on ~asterly side and 11' on ~esterly side. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article Section [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma)' then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the r ighttoappearandbeheardatsuchhearing. Dated: March 19, 1987 By: Owners Names :/t~ete/r/'MarkopalOus Post Office Address ~ 605 Sound Beach Drive Mattituck, New York (Tel. 516-727-4160 PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS STATE OF NEW YORK:COUNTY OF SUFFOLK BOARD OF APPEALS, TOWN OF SOULTHOLD In the Matter of the Petition of Peter Markopalous by: Harvey A. Arnoff, Esq. to the Board of Appeals of the Town of Southold STATE OF NEW YORK) COUNTY OF SUFFOLK) Ss: AFFIDAVIT OF SERVICE Michelle C. Tucker being duly sworn, deposes and says, that deponent is not a party to the action, is over 18 years of age and resides at 21 Corwell Avenue, Riverhead, New York, 11901. That on the 19th day of March, 1987, deponent served the within Notice to Adjacent Property Owner upon Livanos, at 201-12 30th Avenue, Bayside, New York 11360 by certified mail by depositing a true copy of same enclosed in a postpaid addressed wrapper, in a post office depository under the exclusive care and custody of the United States Postal Service within the State of New York. Mic~elle C. Tucker Sworn to before me this 19th day of March, 1986. NOTARY PUBLIC SHORT ENVIRONMENT.O.A.:,:,~..,.,M.,HT FORM INSTRUCTIO~S~ (a) In order to snswer th~ qusseions in this short EA¥ is is assumsd that the preparer will use currently available informs%ion 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 b9 ~igmificant and a completed Environmental Assessment Form is necessa~/. (c) If all questlcns have been answered No it is likely t~t this project is not significant. (d) Environmental Assessment 1. Will project res%~t in a large physical change to %he project site or physically alter more than 10 acres of land? ....... 2. Will there be a major change to any 'unique or unusual land form found on the site? 3, Will project alter or have a large effect on an existing body of wa~er? , , , , , Will project have a potentially large impact on groundwater quality? · , · · , · · Will project significantly effect drainage flow on adjacent sites? · o o · . · · 6, Will project affect any threatened or endangered plant or animal species? . . . . · · . 7, Will project result in a major adverse effect on air quality? · · , · · · · 5 Will project have. a mmJor effect on visual char- acter of the community or scenic views or vistas known to be important to the community? . . . Will project adversely impact any site or struct- ure of historic, pre-historic, or pa]eontological importance or any site designated as a critical environmental area by a local agency? . . 10, Will project have a major effect on existing or future recreational opportunities? · · 11, Will projec~ result in major traffic problems or cause a major effect to existing transportation 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's opcra~ion? . ~es X No Yes X No X ~e~ No ~us X No X ~Io X Yc~ . No X Ye~ No Yes X No Yes X No Yes X No Yes X No Yes X No 13. Will project have any impact on public health or safety? ............ Yes ~, No lb. Will project ~ffec% the existing community by directly causing a growth in permanent popula- tion of more than 5 percen% over a one-year period or have a major nega~xve effect on t.qe characte-'~ of the co~ty or ncigh~orhood?~ . Yes X NO 15. Is PREPARER'S SICN~..~_ ~/'z~ ~ ~ TITLE: Attornev at Law " ' Pe~; M'arkopoulos '' MEPRESENTI~IG: DAT~: March 19, 19~87 To: $outhold Teton Board of Appeals " Main Road Sou~hold, MY 11971 Re: Appeal Application of Location of Property: Mattituck~ New York Peter Markopoulos' --605 Sound Beach Drive In reference to the New York State Tidal Wetland~ La:%d-Us Regu]'ation$, 6 NYCRR, Part 661, and Article 25 of the tie:./ York State. Environmental Con-"ervation La%-~, please be advised that subject property i,n the ~¢i."hin appeal application: (pl,.,~,_ check uno box) [ ] May be located .%~ithin 300 feet of tidal wetland.-. hc%.~ever, constructed alon~ the water-lyings edco of this prope~'~'y is a bulkhead in very geed condition and at least 100 feeu in le..~t... [] May b'e 'loccted %¢i:~hin 300 feet of tidal wetlands. ho;.;ever, constructed along the wa _ ly_..: edge of thi~ pro~uerty is a bul~.;head in need of (minor) (major) repairs, and amoroximate!v ___. length. -- feet in [ ] May be located " ' wluhln 300 feet of tidal wetlands; ho:¢ever, constr%~cted al'one the ; % a~e_-lylng edge of this property is a bul~kead less than 100 feet in length. [ ]' May be loc"'ted :~ithin 300 feet of ' " tlda! wetlands; and there is no bulkhead or concr_~tu 'on the prcmises. -- ' tx ] Is not located %~ithin 300 feet of tidal wetlands to the best of my kno%.~led~3e., [~;tarred items (*) i~ dicnte your p,- - ~opur~y not appear to fall within the jurisdiction of tho l~ ~.o. D.E.C. ~:OTE: If proposed proj~,ct ~ · - falls %;it'~li~ D.E.C. jurisdiction, approval must be recei,.0ed an~J suLmit~Od to our office before your a.~plication can be scheduled for a public hca~'inq. BE ~OOKED UNDER THE G! _] I ~ -~-.~_~_._ . Unauthorized atteratiOn or ,adder;on to th~s document ~s a v;ot~:c~ o~ ~:~:on 79.09 of : Cop~OS of ~s do:?,~nf not · '. inked ', '-~ ~,~-