HomeMy WebLinkAbout3471hu old Town Board fAppo eals
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 347l
Application Dated February 20, 1986
TO:
Howard E. Pachman, Esq. as Attorney
for NICHOLAS ISIRKAS
366 Veterans Mem0ria] Highway
C0mmack, NY 11725
[Appellant (s)]
At a Meeting of the Zoning Board of Appeals held on June 25, ]986
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
[X] Request for Variance to the Zoning Ordinance
Article XI, Section ]00-]]9.2(A)[]]
[ ] Request for
Application of NICHOLAS TSIRKAS for a Variance to the Zoning
Ordinance, Article XI, Section lO0-119.2(A)[1] for permission to
construct single-family dwelling with an insufficient setback from
edge of bank along the Long Island Sound. Location of Property:
North Side of Sound Avenue, Greenport, NY; Eastern Shores Subdivision
Map 4586, Lot 113; County Tax Map Parcel No. 1000-33-01-11.
WHEREAS, public hearings were held on April 3, 1986, May l,
1986, and concluded on May 22, 1986, in the Matter of the Application
of NICHOLAS TSIRKAS under Appeal No. 3471; 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, at said hearing all those who desired to be heard
were heard, and their testimony was 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. By this application, appellant requests a variance to the
Zoning Ordinance, Article XI, Section 100-119.2, Subsection (A)[1]
for permission to locate a new single-family dwelling with an insuffi-
cient setback of not less than 37 feet from the top of the bluff or
bank along the Long Island Sound, as shown by survey mapped March 12,
1986 by Roderick VanTuyl, P.C. The building area is proposed with
a frontyard setback at 35 feet and minimum sideyards as provided
by the Bulk Schedule of the Zoning Code.
2. The premises in question is located along the north side
of Sound Drive, Greenport, and is identified as Lot No. 113, Map of
Eastern Shores No. 4586, Section Four, and more particularly shown
on the Suffolk County Tax Maps as District lO00, Section 33, Block l,
Lot 11.
CONTINUED ON PAGE TWO)
DATED: June 25, 1986.
Form ZB4 (rev. 12/81)
CHAIRMAN, SOUTHOLD TOWN
OF APPEALS
ZONING BOARD
Page 2 - Appeal No. 3471
Matter of NICHOLAS TSIRKAS
Decision Rendered June 25,
1 986
3. The subject premises is vacant and consists of a total
lot area of 25,250 sq. ft., lot width of 100 feet, and total average
depth of 261± feet. The shortest distance as scaled on the March 12,
1986 survey appears to be 123± feet from the southerly property line
along Sound Drive to the top of the bank.
4. Submitted in support of this application are: (a) survey
of existing dwellings in the immediate area along the north side of
Sound Drive mapped March 12, 1986, showing varied setbacks from the
top of bank with a zero setback (for deck construction}, and with
a 15+-foot setback varying to 60± feet; (b) copies of title closing
statement, tax bills, deed, title search report; (c) topographical
photograph of the area; (d) licensed real-estate broker's report;
{e) individual surveys of other lots in the vicinity (along the
north side of Sound Drive); (f) engineer's building site report,
etc.
5. It is noted for the record that by a prior application
under Appeal No. 3386, a variance to locate a new single-family
dwelling of a size 47' by 67', more or less, at a distance of 35
feet from the edge of the bank, was denied without prejudice for
the reasons set forth therein.
6. It is the opinion of this board that: ia) construction
should be located as far back from the bank's edge as possible;
(bi water runoff {including lawn sprinklers, etc.) be piped toward
the south of the bank, not to drain over the bluff areas and to
reduce saturation of the face of the bluff.
In considering this appeal, the board also finds and
determines that by locating new construction not closer than
50 feet to the top of bank: (a) the variance will be the minimal
necessary and will not be substantial in relation to the zoning
requirements; (b) there will be no substantial change in the
character of the immediate area; (c) the circumstances are
unique; (d) that the practical difficulties are sufficient to
warrant the granting of a variance; (e) there is no other
method feasible for appellant to pursue other than a variance;
(f} that in view of the manner in which the difficulties arose
and in considering all the above factors, the interests of jus-
tice will best be served.
Accordingly, on motion by Mr. Douglass, seconded by
Mr. Goehringer, it was
RESOLVED, that a Variance for permission to locate
new single-family dwelling construction with an insufficient
setback from the top of bank along the Long Island Sound,
BE AND HEREBY IS APPROVED in the Matter of the Application of
NICHOLAS TSIRKAS, Appeal No. 3471, SUBJECT TO THE FOLLOWING
CONDITION:
That no construction
be located closer than 50 feet at
nearest point from the top of the bank.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Douglass and Sawicki, (Member Doyen,(Fishers Island) was absent.)
This resolution was duly adopted.
RECEIVED AND FILED BY u
THE SOUTHOLD TOWN Cf.F.~K
DATE '7/ff~L' HOUR ~'.fo P~
Town Clerk, Town of South,~!d
ly 2, 1986
NOTICE OF HEARINGS
NOTICE IS HEREBY GIVENs 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
the Southold Town Halt, Main Road, Southold, NY at a Regular
Meeting commencing at 7:30 p.m. on THURSDAY, APRIL 3, 1986, and
as follows:
7:35 p.m. Appeal No. 3396 GARY DOROSKI for a Variance to
the Zoning Ordinance, Article XI, Section lO0-119.2(B) for
permission to locate proposed pool with decks and fence enclo-
sure within 76 feet of wetlands and highwater mark, at 425
Monsell Lane, Cutchogue, NY; Norwald Subdivision Filed Map
No. 1275, Lets 31-35 inclusive; County Tax Map Parcel No. 1000-
97-08-27.
7:40 p.m. Appeal No~ 3482 JERRY SHULMAN for a Special
Exception to the Zoning Ordinance, Article IX, Section 100-90
for permission ~o change use of a portion of existing building
to building-material storages in conjunction with existing
agricultural storage and agricultural office~ at premises
referred to as 11950 Sound Avenue, Mattituck, NY~ County Tax
Map Parcel No. 1000-141-03-41.
7:45 p.m. Appeal No. 3473 JOSEPH A. CASSIDY, JR. for a
Va~riance to the Zoning Ordinance, Article III, Section 100-31,
Bulk Schedule, for approval of 58,484 sq. ft. parcel with
135' frontage along Reydon Drive, set off from premises to the north
presently of J. Rich of 55,831 sq. ft. in area and 135'
frontage (lot width). Property identification: County Tax
Map Parcel Nos. 1000-79-05-23.1 and 22.1~ located along the
west side of Reydon Drive, Southold, NY.
7:50 p.m. Appeal No. 3451 BEDELL WINERY for a Special
Exception to the Zoning Ordinance, Article III, Section lO0-30-
(B)[14] to establish winery use from grapes grown on the
premises, 36225 Main Road, Cutchogue; 1000-85-02-10. (Recessed
from 3/13/86).
8:00 p.m. Appeal No. 3476 ROBERT AND CHARLOTTE WISSMAN
for a Variance to the Zoning Ordinance, Article XII, Section
lO0-121 ~o seek relief from conditions placed by prior Appeal
Page 2 Legal Notice of Hearings
Southold Town Board of Appeals
Regular Meeting of April 3~ 1986
No. 2006 in the ~ame of Claire Brody and Others dated February 27,
1975, which conditionally granted use of lot for mooring dock and
storage building (Article III, Section 100-30[B)[9]) and insuffi-
cient lot area and width (Bulk Schedule), to allow the construction
of a single-~amily residence. Location of Property: 715 Gull Pond
Lanes Greenport, NY; County Tax Map No. 1000-35-04-007.6 (referred
to as Lot "C").
8:10 p.m.
for a SPecial
Section 100-80 for permission to
storage tanks in this "C-Light"
at 6230 Main Road, Southold, NY;
3.3, 4, 6, 6.1.
Appeal No. 3481 PORT OF EGYPT ENTERPRISES, INC.
Exception to the Zoning Ordinance, Article VIII,
install/relocate marine fuel
Industrial Zoning District,
County Tax Map No. 1000-56-6-3.2,
8:15 p.m. Appeal No. 3472 MICHAEL HERBERT for a Variance
to the Zoning Ordinance, Article III, Section lO0-30[A) for
permission to establish "Bed and Breakfast"-type use, or "an
owner-occupied building, other than a hotel, where lodging and
breakfast is provided for not more than nine persons." Location
of Property: 795 Pike Street, Mattituck, NY; County Tax Map
Parcel No. 1000-140-2-23. Zoning District: A-Residential and
Agricultural.
8:20 p.m. Appeal No. 3418 - GRETCHEN HEIGL for a Variance
to: (a) the Zoning Ordinances Article III, Section 100-31,
Bulk Schedule for approval of insufficient lot area and width
in this proposed division of property, and (b) ~ew York Town
Law, Section 280-a for approval of access to proposed Lot #1
over a private right-of-way located along the easterly side
of the subject premises. Location of Property and Right-of-Way
in Question: North Side of Sound View Avenue, Southold, NY;
County Tax Map Parcels No. 1000-68-1-14 and 15.1.
8:25 p.m. Appeal No. 3477 WILLIAM AND KATHERINE HEINS for
a Variance to the Zoning Ordinance, Article III, Section
100-31, Bulk Schedule for approval of insufficient area, width
and depth of two parcels in this proposed division l~cated along
the north side of Main Road, Orient, NY; County Tax Map Parcels
No. 1000-19-2-5 and 6.
Page 3 - Legal Notice of Hearings
Southold Town Board of Appeals
Regular Meeting of April 3, 1986
8:35 p.m. Appeal No. 3488 WILLIAM KREITSEK for a Variance
to the Zoning Ordinance, Article III, Section 100-32 (and/or
Section lO0-30A) for permission to locate private, fenced-in
tennis court together with 12' by 12' gazebo on stilts on
vacant premises adjacent to residence of the applicant and
referred to as 9030 Soundview Avenue, Southold, NY; George
Penny IV Filed Subdivision dated April ll, 1974; County Tax
Map Parcel No. 1000-5g-07-27.2 and 27.1.
8:40 p.m. Appeal No. 3471 NICHOLAS TSIRKAS for a Variaqce~,
/
to the Zoning Ordinance, Article XI, Section lO0-119.2(A)[1]
for permission to construct single-family dwelling with an
insufficient setback from edge of bank~:along the Long Island
Sound. Location of Property: North Side of Sound Avenues
Greenport~ NY; Easter~ Shores Subdivision Map 45862 Lot 113,
County Tax Map Parcel No. 1000-33-01-11.
8:50 p.m. Appeal No. 3469 WARREN AND MARY BRADY for a
Variance to the Zoning Ordinance, Article III, Section 100-32
for permission to locate accessory barn ~n the frontyard area,
at premises referred to as 3500 Private Road #13, off the
north side of Bergen Avenue~ Mattituck, NY; County Tax Map
Parcel ~o. 1000-105-01-5.
The 3pard of Appeals will hear at said time and place all
persons or representatives desiring to be heard in each of
the above matters. Written comments may also be submitted
prior to the conclusion of the hearing in question. For more
information, please call 765-1809.
Dated: March 13, 1986. BY ORDER OF THE SOUTHOLD TOWN
BOARD OF APPEALS
lk
GERARD P. GOEHRINGER, CHAIRMAN
INSTRUCTIONS FOR NEWSPAPERS: Please publish Thursday, March 27,
1986 and forward two affidavits of publication on or before
April 1st to: Board of Appeals, Main Road, Southold, NY 11971.
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 the Southold Town Hall, Main Road, Southold, NY au
a Regular Meeting commencing at 7:30 p.m. on THURSDAY,
MAY l~ 1986, and as follows:
7:36 p.m. Appeal No. 3399 - C. BRUCE AND ANNE STAI~GER.
Variance ~o the Zoning Ordinance, Article III, Section 100-31,
Bulk Schedule, fdr approval of two parcels having insufficient
lot area, width and depth and as described in Deeds at Libers
3362 cD 53, ~nd 5676 ~p 213, located a~ the east side of Wells
Road, Peconic, NY; County Tax Map Parcels No. 1000-86-2-4 and 5.
7:40 p.m. Appeal No. 3396 - GARY DOROSKI for a Variance
to the Zoning Ordinance, Article XI, Secti-on qOO-ql9.2(B) to
locate pool within 75 feet of wetlands. 425 Monsell Lane,
Cutchogue. (Recessed from 4~3/86)
7:45 p.m. Appeal No. 34?9 - JOHN P. SGOUROS for a
Variance to the Zoning Ordinance, Article-I}~ Section 100-31,
bulk Schedule for approval of two parcels known as Subdivision
Lots #22 and #23, "Stars Ma~or'~ Subdivision Map No. 3864,
approved by the Planning Board 9-19-1963, havi-ng insufficient
area, width and depth, located along the West Side of Stars
Road, Eas~ Marion, NY; County Tax Map Parcels No. 1000-22-2-20
and 21.
7:50 p.m. Appeal No. 3480 - VINCENT AND JOANN CASA for
a Variance to the Zoning Ordinance, ·Article X'I~. Section
lO0-1-19.2(A) for permission to locate swimmingpool with deck
and fence enclosure within lO0~feet of bluff along the Long
Island Sound, premises known as 1840 The Strand, :Pebble Beach
Farms Inc. Subdivision Map #2, Lot #ll5; East Marion, NY;
County Tax Map Parcels No. 1000~30~2-58. -
7:55 p.m. Appeal No~ 3486
Variance to the Zoning Ordinance,
100-31, Bulk Schedule for approval
- ROBERT JOHNSEN for a
Article I}I, Section
of Snsufficient lot area
of proposed Parcel #4 in this pend~hg four-lot minor
subdivision located along the sooth s}de of Sound View Avenue,
Southold; County Tax Map Parcels No. 1000-68-4-2 and 3.
Page 2 Notice of Hearings
Regular Meeting of May l, 1986
Southold Town Board of Appeals
8:00 p.m. Appeal No. 3490 - HARRY AND SANDRA HURLBURT for a
Variance to the Zonipg Ordinance~ Article III, Section 100-32 for
permission to locate accessory storage shed in frontyard area.
Location of Property: Private Road, Fishers Island, NY; bounded
north by Walker, west by Spofford, sout~h by Private Road, east
by Private Road and Sorenson~ County Tax Map Parcel No. 1000-3-2-10.
8:05 p.m. Appeal No. 3494 - PORT OF EGYPT ENTERPRISES for a
Variance to the Zoning Ordinance, Article XI~ Section 100-119.2
for permission to locate marine fuel storage tank structures in
this "C-Light" Industrial Zoning District with an insufficient
setback from landward edge of tidal wetland and from ordinary
hi9hwater mark, at 6230 Main Road, Southold, NY; County Tax Map
Parcel No. 1000-56-6-3.2, 3.3, 4, 6~ 6.1.
8:10 p.m. Appeal No. 3468 - ROBERT J. LONG for a Variance
to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule,
for approval of parcel in this proposed set-off division of land
having insufficient area and dept~, located along the ~orth Side
of Main Road, East Marion, NY;
4-15, containing 11.912 acres.
County Tax
Appeal No. 3471 NICHOLAS TSIRKAS
Appeal No. 3489 - PAUL LEARY for a
Map Parcel No. lO00-31-
(Recessed from-~
reversal of
~ 8:15 p.m.
· 4/3/86 ).
8:20 p.m,
decision of the building inspector for a nullification of actions
by the Building Department to issue a modified Permit and Demolition
Permit, and that the property owners be left to regular procedures
of law, to be allowed only after review by the Board of Appeals and
in accordance with ali other provisions of law. Name of Owners and
Location of Property in Question: FRANK E. AND MARY BROPHY, 75 Second
Street, New Suffolk, NY; County Tax Map Parcel No. 1000-1t7-10-20.7.
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.
Written comments may also be submitted ;rior co the conclusion of the
hearin9 in question. For more information, please call 765-1809
(alt. 1802).
Dated: April 3, 1986.
BY ORDER OF THE SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P. GOEHRINGER, CHAIRMAN
ATTENTION NEWSPAPERS: Please publish Thursday April 24, 1986 and
forward two affi~ts of publication 6~-'or before Ap-~2-~-~-~ to:
Board of Appeals, Main Road, Southold, NY 11971.
lk
Page 3 (Regular Meet~ of May 1, 1986) ~
Cop~es of the Notice of Hearings to the following 4/15/86:
Mr.
Mr.
Mr.
Mr.
Mr.
Mr.
Mr.
Mr.
and Mrs. C. Bruce Staiger, Box 348, Southold, NY 1t971
Gary Doroski, 425 Monsell Lane, Cutchogue, NY 11935
John P. Sgouros, 85-15 Kendrick Place, Jamaica, NY 11432
Arthur Siemerling, Box 108, Mat~ituck, NY 11952 for CASA
and Mrs. Vincent J. Casa~ The Strand, East Marion, NY 11939
Robert Johnsen, 4300 Seundview Avenue, Southold, NY 11971
and Mrs. Harry Hurlburt~ Box 98, Fishers Island, NY 06390
and Mrs. Harry Hurlburt, 7014 Sheaff Lane, Fort Washington,
Frederick M. Reuss, Jr., Esq., 230 Hilton Avenue, Suite 103,
Hempstead, NY 11550-8116 for PAUL LEARY
Mrs. Susan Long, Box 46, East Marion, NY 11939
Howard E. Pachman, Esq. for TS~RKAS and BROPHY
Rudolph H. Bruer, Esq. for TSIRKAS and BROPHY
Z.B.A. Members
Building Inspector-Executive Adm. V. Lessard
Town Clerk Bulletin Board
Z.B.A. Bulletin Board (in office)
Planning Board Office
PA
19034
· FORM NO. ~
TOWN OF SOUTItOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N.Y.
NOTICE OF DISAPI~ROVAL
PLEASE TAKE NOTICE that your ~pplication
Coun~ T~ Map No. 1000 Section . .~. ~ ....... Block . .~.( ......... ~t .0~ ( .........
~tumed herewith and disapproved on the follow~g ~o~ds ..... ' .
K21V~D
fEB 2 0 "19B6
1'~ ~1~~F~T0f~flol§ROM DECISION OF BUILDING INSPECTOR
TOWN OF SOUTHOLD, NEW YORK
TO THE ZONING BOARD OF APPEALS 'TOWN,O'F SOUTHOkD, N. Y.
APPEAL NO. ~¢¢7/
DATE ....~:¢../.~./~ .........
Nome of Appellant Street and Number
.......... ~.~.~ .......... HEREBY APPEAL TO
Municipality
THE ZONING BOARD OF ~APPEALS FROM THE' DECISION_'OF 'THE BUILDING INSPECTOR ON
APPLICATION FORXI~:~I~C~U...~L.~.~.~...~.D..~'I~... DATEDJ. ul,y. 24, ",1985 .... '
WHEREBY THE BUILDING INSPECTOR DENIED TO
N I CH O.LA.$ ...T.S.I.R KA S ............................................
Name of Applicant for permit
of
3.SmO..4.....2.0, B.th..S.t~.e.~.,...B.a.~cte.,...~...X.,...1.13.6.~ ..................................
Street and Number Municipality State
PERMIT TO USE
PERMIT FOR OCCUPANCY
PERMIT TO CONSTRUCT ONE FAMILY DWELLING
l. LOCATION OF THE PROPERTY?.Z~.~...~2~A &~:( ~.~.~E~ ........ !~Z~.~al
Street Use ~istrict on Zoning Map
A~,6 ........................................... 1!.~ ............
Mop No, Lot No.
2. PROVISION (Si 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 XI, Section 100-119.2(A][1]
3
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 of New York Town Law Chap. 62 Cons. Laws
Art. 16 Sec 280A Subsection 3
4 PREVIOUS APPEAL A prewous appeal (has) t[f~) been made with respect to this decision
of the Bdildir~g Inspect6F'or with FespeEf to-thi§ pr0~erty - '
Such oppeat was ( ) request for-a special permit
(X I request for a vdriance
and was made in. Appeal No....3.~8.6 ............. i Bated ~T.u~.....2..9..~, 1985
~ REASON FOR APPEAL
~ A Variance ro Section 280A Subsection 3
X A Variance to the Zoning Ordinance
( )
is requested for the reason.that
Appellant desires "co construct a
proper.ty, whicl~ will-not be possible without a variance permitting
reduction of the required set-back from the Long Island Sound bank.
one-family dwelling on the subject
a
(Continue on other side)
REASON FOR APPEAL Continued ~': ' .........
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties e~,~-uL~,ec~c~f~ ~:r
sary HARDSHIP because
Appellant purchased this property, in an approved and subsequently
excepted subdivision, 10 years ago. The provision of the zoning
ordinance being appealed became effective just under a year ago
(3-26-85). Strict application of this provision produces practical
difficulties in that it is impossible to locale a dwelling on the
proper~f~. A 100 ft. setback from the edge of the Sound bank added to
a 35 ft. front yard setback totals 135 feet; the property, from Sound
Drive to the edge of the Sound bank is only 120 feet deep. It
produces unnecessary h. ardship zn that, if strictly applied, the
ordinance would cause Appellant to lose his entire investment in this
valuable property.
2. The hardsh p created is UNIQUE and is not shared by alt properties alike in the immediate
vicinit) of this property and in this use district because
Both the property and the hardship created are unique as this is the
sole remaining vacant soundfront lot in this section of Eastern
Sbores.'~¢-The exfst±ng homes along Sound Drive were all constructed
prior to 3-26-85 and did not have to comply with this 100 ft. setback
requirement.
3. The Variance would observe the spi~t of the O~inance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because
The proposed construction would comply with both current front and
sideyard setback requirements and would be setback farther from the
Sound bank than either of its immediate neighbors. It is believed
that in making its determination under Appeal No. 3386, the Zoning
Board was viewing the submitted survey incorrectly when finding "that
this proposed is not consistent with those .generally exist~nq in the
neighborhood since the existing dwellings ~r~set back' ~ubstantially
farther from the bluff". Viewed correctly, the survey shows ~ust the
opposite to be the case. It is believed that the U. S. Department of
Agriculture, Soil Conservation Department made a similar misjudgment
when stating, in their letter addressed to Suffolk County soil & Water
Conservation District dated 9~30/85, that "It appears that th~ septic
system for the proposed homesite would be instalte~.clos~ to the bluff
edge." The survey clearly sho~s the proposed location of the' septic
system to be in the front yard area,~b.e~ween the proposed construction
and Sound Drive. ~~~~'
STATE OF NEW YORK ) i
) SS .............
CO:JNTY OF SUFFOLK )
Sworn to this c~ 'O~ day of ............................ .F..e_.b...r..u_a...r.~ ......... 1986
Commission ~xpkes M~,rch ~$0. lgi ~i~
OWNER
RES.
FORMER OWNER
TOWN OF $OUTNOLD PROPERTY RECORD CARD
STREET
LAND
s~s. v,.
IMP. TOTAL
~,GE
NEW
FARM
FARM
ACR. I
TYPE OF BUILDING
COMM. CB, MICS. Mkt. Value
DATE REMARKS
BUILDING CONDITION
NORMAL
FRONTAGE ON WATE4
'~'illoble t-
BELOW
Value Per
Acre
ABOVE
V~iue
~VVoodland
T
Meodowland -~ DEPTFi
House Plot [ L BULKHEAD
Total
DOCK
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
JOSEPH H. SAWlCKI
JAMES D[NIZ[O, JR.
TO:
FROM:
DATE:
SUBJECT:
James A. Schondebare, Town Attorney
Office of the Board of Appeals
March 3, 1989
ZBA Review and Approval #3471 - Nicholas Tsirkas
Mr. Nicholas Tsirkas was in contact with us today indicating
that he would like to know whether or not he may obtain a
Building Permit for the construction of a new dwelling in
accordance with the plan approved by the Board of Appeals under
Appeal No. 3471 rendered June 25, 1986 (copies attached).
The nonconforming premises is now located in the R-40 Zone
District, and the regulations for this nonconforming lot area of
25,250+- square feet was increased for the front yard from 35
feet to 40 feet.
The Board of Appeals also heard an appeal previous to this
application, with extensive testimony concerning the limited
buildable area due to the erosion of the bluff, under Appeal No.
3386, which was denied without prejudice on October 3, 1985.
(Please also see evaluation report prepared by the Suffolk
County Soil and Water Conservation District concerning setbacks
within 100 feet of the bluff.)
As you are aware, the provisions of 100-119.2 concerning the
Sound bluff setbacks were not included in the recently-adopted
Master Plan Amendments. ~
Based upon both appeal records and the circumstances of the
property, it would not appear to be within the best interests of
To: James A. Schondebare, Esq.
Re: ZBA 93471 - Nicholas Tsirkas
March 3, 1989
the Town to build with an increased frc
40 feet thereby forcing construction
closer to the bluff.
setback from 35 to
2avation activities
You may remember during May 1985, Gary Dcroski was involved in a
similar situation wherein he also made applications to the Board~
of Appeals prior to the adoption of the Wetlands Setback
provision, and the legal opinion given to our office at that
time authorized construction of the project provided it did not
deviate from the approved Board of Appeals plan and conditions.
(Copies are attached for easy reference.)
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 319'71
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONI$, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAW[CKI
July 31, 1986
Howard E. Pachman, Esq.
366 Veterans Memorial Highway
Commack, NY 11725
Re: Appeal No. 3471 (Variance) Nicholas Tsirkas
Dear Mr. Pachman:
~Enclosed for your records is a copy of the recent
response from the Suffolk County Department of Planning
concerning your application and Z.B.A. decision rendered
in the above appeal.
Yours very truly,
Gerard P. Goehringer
Chairman
By Mary Ann Cybulski
Enclosure
Town of Southold
Board of Appeals
COUNTY OF' SUFFOLK
DEPARTMENT OF PLANNING
(516) 360-5513
July 30, 1986
Applicant:
Mun. File No.:
S.C.P.D. File No.:
Nicholas Tsirkas
3471
SD-86-18
Gentlemen:
Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County
Charter, the above referenced applicatio~ which has been submitted to the Suffolk
County Planning Commission is considered to be a matter for local determination.
A decision of local determination should not be construed as either an approval
or disapproval.
With the understanding that the dwelling will be situated no closer
Comments:
than.50 ft. from the top of the bank and that consideration will be given to
appropriate mitigating measures to insure the integrity of the bluff.
GGN:Jk
Very truly yours,
Lee E. Koppelman
Director of Planning
by
Gerald G. Newman
Chief Planner
.^U,,AUGL ~. ,.. ,Kw Yo,K 11788
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y, llCJ?l
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWlCK[
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:
×X Variance from the Zoning Code, Article×I , Section 100-119.2(A)(1)
Variance from Determination of Southold Town Building Inspector
Special Exception, Article , Section
Special Permit
Appeal No.: 3471 Applicant: NichOlas Ts~rkas
Location of Affected Land: S~turk~Ave., Greenport,
County Tax Map Item No.: luuu- 33-01-11
Within 500 feet of:
Town or Village Boundary Line
NY
Body of Water (Bay, Sound or Estuary)
State or County Road, Parkway, Highway, Thruwgy
__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
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.
COMMENTS: Applicant is requesting permission to construct single-family
dwelling with an insufficient setback from edge of bank along L.I. Sound.
Copies of Town file and related documents enclosed for your review.
Dated:
July 1~1986
Secretary, Bo6rd of Appeals
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWlCK[
Southold Town Board of Appeals
MAIN ROAD STATE ROAD 25 E~OUTHOLD, L I , N.Y, 11971
TELEPHONE (516) 765-1809
July 3, 1986
Howard E. Pachman, Esq.
366 Veterans Memorial Highway
Commack, NY 11725
Re: Appeal No. 3471 Nicholas Tsirkas (Variance)
Dear Mr. Pachman:
Enclosed please find a copy of the official findings and
determination recently rendered by the Board of Appeals and
filed this date with the Office of the Town Clerk concerning
your application.
In the event your application has been approved, please
be sure to return to the Building Department for their authoriza-
tion of any new construction, or for other written documents as
may be applicable.
If you have any questions,
either our office (765-1809) or
(765-1802).
please do not hesitate to call
that of the building inspector
Yours, very truly,
Enclosure
Copy of Decision to:
Building Department
Southold Town Trustees
Rudolph H. Bruer, Esq.
Suffolk County Planning
GERARD P. GOEHRINGER
· ~ Linda F. Kowalski
Secretary
Commission
STEVE G. TSONTAKIS ASSOCIATES
Consulting Engineers
BOX 1180, 632 ROANOKE AVENUE
RIVERHEAD, N.Y. 11901
(516) 727-7411
1781 KING EDWARD DRIVE
KISSIMMEE, FL. 32741
(305) 846~0455
Mr. Rudolph Bruer
BRUER AND EDSON
Main Road
Southold, New York
11971
May 1, 1986
RE: Tsirkis
Sound Drive
Greenport, N.Y.
Dear Mr. Bruer,
Enclosed please find my report of findings for the
referenced property. Also, enclosed please find a biograph-
ical sketch of my experience with a partial list of recent
projects and my bill for services rendered.
Should you have any questions or require any further
service, please do not hesitate to call.
SGT/bp
cc: H.E. Pachman, ESQ.~'/
N. Tsirkis
Yours Truly,
Steve G. Tsontakis, P.E.
STEVE G. TSONTAKIS ASSOCIATES
Consulting Engineers
BOX USO. 6~2
RIVERI[EAIL NY. 11sm
(516) 727-74 U
KING EI)W^RD DRIV£
KISSIMMEE. FI., 32741
(305) 846 0455
BIOGRAPHICAL SKETCH
STEVE G. TSONTAKIS, P.E.
After service in the United States Army and graduating the
Polytechnic Institute of Brooklyn with a Bachelor's and Master's
degree in Engineering, he worked at Grumman Aerospace Corporation
for thirteen years in Control Systems design and Systems Engineer-
lng. }{is last assignment at Grumman was head of a department of
four hundred Engineers and other personnel.
With approximately twenty years as a Contractor and a Consulting
Engineer, he has been involved in tile construction of over four
hundred buildings. His work included building design, site plans,
site planning, drainage, and waste disposal and water supplies
for many projects.
He is licensed both in New York State and tile State of Florida as
a Professional Engineer, and also holds a certificate from the
National Counsel oi Engineering Examiners which entitles him to
comity and permission to practice
union.
}{is most recent work falls in the
planning, prepurchase inspections,
bility studies, expert testimony,
in almost every state of the
area ok building design, site
construction pro~ect keasi-
and consultation on many
drainage, shore£ront and other structural and civil engineer-
ing problems.
He is a member of the New York State Society of Professional
Engineers, National Fire Protection Association, and Eastern
Suffolk Board of Realtors and has served with tile Sa~e Drinking
Water Committee of tile Suffolk County Legislature.
In his private life, he serves as a Lion, and has a passion for
flying, travel, and reading.
STEVE G. TSONTAKIS ASSOCIATES
Col~sulting EDgincers
BOX 1180. fi32 ROANOKE AVENUE
RIVERIIEAD, N.Y. 11901
(516) 727-7411
1701 KING FI)WARD DRIVE
(305) 846.0455
PARTIAL REFERENCE LIST
STEVE G. TSONTAKIS, P.E.
COMMERCIAL BUILDING DESIGN
Brasby's Restaurant
Addition
Mid Island Lumber
Steel Storage Building
Riverhead Savings Bank
Consultation on Renovation
Suffolk Life Newspaper
Renovation Design of
New Location
Mr. Bill Brasby
Route 25
Aquebogue, N.Y.
(516) 722-3602
11931
Mr. Myron Mendelsen
Roanoke Avenue
Riverhead, N.Y. 11901
(516) 727-2430
Mr. F. Painter, Vice President
Riverhead, N.Y. 11901
(516) 727-3600
Mr. David Wilmott and/or
Mr. Bill Lauton
P.O. Box 167/Route 58
Riverhead, N.Y. 11901
(516) 369-0800
GENERAL STRUCTURE DESIGN AND CONSULTATION
Roger Roberts Association
General Structural
Consultation
P.O. Box 1054
Southampton, N.Y.
(516) 283-2345
11968
Southampton Lumber
General Structural
Consultation
Mr. Peter Brophy
Box 3
Mattituck, N.Y.
(516) 298-4711
11952
J. Crampe' and Sons
General Structural
Consultation
Mr. Jerry Crampe'
146 Prospect Place
Riverhead, N.Y. 11901
(516) 727-3893
Randazzo Building Co.,
General Structural
Constultation
Rivkin/Denenholz
General Structual
Design and
Consultation
Mr. Vito Randazzo
127 Swan Lake Drive
Patchogue, N.Y. 11772
(516) 475-6314
205 West End Avenue
Suite 15-D
New York, N.Y. 10023
(212) 799-0314
SITE PLANS~ WATER SUPPLY AND WASTE DISPOSAL DESIGN
Bonnie's Restaurant
Waste Disposal System
New Suffolk, N.Y.
Ms. Elaine Romangoli
725 First Street
New Suffolk, N.Y. 11956
(516) 734-6664
WBW Shopping Center
Cutchogue, N.Y.
Waste Disposal and
Water Treatment Plant
Mr. Richard Walsh
WBW Corporation
4 Third Street
Garden City, N.Y.
(516) 747-6067
11140
Mr. Ted Dowd
Community Water
Supply
201 13th Street, East
Tierra Verde, FL 33715
(813) 867-2761/6656
Oyster Pond School
Design and Additional
Parking
Mr. Woznick
Main Road
Orient, N.Y. 11957
(516) 323-2410
Mr. A1Averell
Subdivision Site
Plans
Sound Shore Road
Riverhead, N.Y.
(516) 722-4064
11901
Wm. Coster Funeral Home
Cutchogue, N.Y.
Site Plan
Mr. William Coster
Box 533, Maple Lane
Laurel, N.Y. 11948
(516) 298-5892
PREPURCHASE INSPECTIONS
Kappell Realty
Mr. David Kappell
443 Main Street
Greenport, N.Y. 11944
(516) 477-9403
-2-
Mr. Rudolph Bruer
Attorney at Law
Mr. Gary Olsen
Attorney at Law
First Towne Realty
Randazzo Realty
Town of Southold
Structural
Consultation
Town of Riverhead
Main Road
Southold, N.Y.
(516) 765-1222
11971
P.O. Box 706
Cutchogue, N.Y.
(516) 734-7666
11935
Mr. and/or Mrs. M. Klapper
Cutchogue, N.Y. 11935
(516) 734-6687
Mr. and/or Mrs. L. Edson
Southold, N.Y. 11971
(516) 765-2288
Kosmo
209 Mill Road
Westhampton Beach,
(516) 288-5740
N.Y. 11978
Mr. Victor Lassard
Building Department Administrator
Town of Southold
Main Road
Southold, N.Y. 11971
(516) 765-1802
Mr. Joseph Janowski
Town Supervisor
Riverhead Town Hall
200 Howell Avenue
Riverhead, N.Y. 11901
(516) 727-3200
BULKHEAD AND SHORELINES
Nassau Float and Dock Co.,
Bulkhead Design
Eh-Consultants Inc.
Piling Foundations,
Trestle Bridges, etc.
Mr. Paul Faulk
56 Edgewood Road
Port Washington, N.Y.
(515) 883-2232
11060
Mr. Roy Haje
64 North Main Street
Southampton, N.Y. 11968
(516) 283-6360
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STEVE G. TSONTAKIS ASSOCIATES
Consulting Engineers
BOX 1180, 632 ROANOKE AVENUE
RIVERHEAD. N.Y. 11901
(516) 727-7411
1781 KING EDWARD DRIVE
KISSIMMEE, FI.~ 32741
(305) 846 0455
PROPOSED BUILDING SITE REPORT
N. Tsirkis
Sound Drive
Greenport, N.Y.
INTRODUCTION
This report is an evaluation of the feasibility for the
construction of a single family dwelling at a bluff location
along the North Shore at Greenport, New York. The evaluation
is based on certain topographical and geological information
as provided and herein attached. A summary is included
with a conclusion and recommendations.
EXISTING CONDITION
The subject site is a half acre building plot which
is located, at the beach. The Southerly side of the lot
is on Sound Drive in Greenport, New York~ with the North
side bounded by the Long Island Sound. The elevation profile
of the lot as shown on exhibit "A" is at an average of 41'
MSL at the street, then rising gently to the bluff to
an average of 48' MSL, then dropping down to the beach at
an angle of approximately 45' with approximately 60' of
relatively flat beach to the water line. The knoll and
slope is heavily vegetated and there is some minor erosion
on the Easterly side of the bluff.
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The present use of land in the area is residential,
with most of the houses perched close to the bluff's edge.
The adjoining house to the East is 24' from the edge of
the bluff, and the house to the West is situated less than
20' from the edge of the bluff with a sun deck actually
overhanging the edge of the bluff.
The face of the bluff is generally stable along this
section with active erosion control. There is a bulkhead
at the toe of the bluff on the property to the West, and
there are many large boulders on the beach and in the water
(see attached photographs). The land slopes down from the
bluff Southerly to the road.
The soils are generally sandy material with erratics
(large and small rocks). On the subject property, the bank
is stable with heavy vegitation except for a small section
to the East where there is some minor erosion, probably
caused by the disturbed bank to the East which is now being
controlled by terracing and plantings.
There is also a large knoll rising some 5' above the
bluff's edge. This knoll is suprisingly stable.
PROPOSED WORK
The proposed improvement is a single story wood frame
dwelling which is to be installed on a poured concrete foundat-
ion which is to form a crawl space. There would also be
an attached garage which would be an unexcavated area.
The sanitary waste disposal would be via a septic tank/leach-
ing cesspool combination and the water supply would be ~
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FINDINGS
This situation was examined from several facets including:
the effects of inordinate storms, ordinary rain run-off,
impact of sewage disposal and water supply, and e~ects
of construction. The effect of scouring due to storms is
quite evident along the North Shore of Long Island.
Influence of loading
The soil condition based on test holes (see exhibit
"D") is generally fine sands with gravel and erratics.
This means that the angle of repose should be 30 to 45 degrees
for such soils. This is substantiated by the field conditions
where the angle varies West to East with an average of 40'
A profile of the proposed condition was made (see exhibit
condition of the foundation being 45' from
bluff and the load influence lines and angle
plotted. It can be seen that the influence
"A") with the
the edge of the
of repose was
line almost parallels the angle of repose showing that there
is at least 40' of bank which is not vertically loaded.
The soil pressure at various elevations was also calculated
and it was found that at a depth of 40' (near sea level)
the soil pressure reduces to less than 50 PSI (pounds per
square foot). This is less pressure than what is exerted
by an average male.
Impact of Sanitary Waste Disposal
Although not ideal, the soils are suitable for leaching
except that some coarse sands might have to be collared
around the leaching device.
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The ground water conditions allow for a deep, single unit
cesspool,therefore, the system will not cover a large area,
and the leaching will take place at lower levels, further
reducing the criticality of saturation. Since the system
will be installed on the Southerly section of the lot, and
some 80' away from the bluff,it is not considered a significant
influence on bluff stability.
The water well, of course, would help in reducing the
soil saturation, however, in its location there is little to no
effect due to drawdown.
Stability of Bank
It can be seen that the angle of repose provides a stable
slope condition with existing vegetation and that the influence
line is well within the toe of slope. It is therefore concluded
that the long time loading of the soil by the building will
not adversely effect the slope.
The bank must be protected against erosion. The conserva-
tion program should include additional plantings of indigenous
and compatible plantings such as; Japanese Pines, Russian
Olives, Beach Plums, and Beach grasses. The Soil Conser-
vation Department of New York State has a program of seedlings
which are sold at a nominal price for planting in these
particular areas as part of the soil erosion control program
and it is suggested that this program be exercised.
The condition of scouring of the toe must be addressed.
This condition is realistic and is accuring along this shoreline.'
The property to the West has a wood bulkhead installed at
the toe and that to the East has some rock installed at
the toe in an attempt to reduce scouring.
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It is prudent to assume that there will be, at one time
or another, a storm severe enough to cause excessive scouring
which would undermine the slope. A repair at that time
(after the property is improved) would be very costly.
It is therefore recommended that some prevention steps be
taken
to protect the toe of the slope. The most ordinary
action is the installation of a wood bulkhead. This would
be a natural extension of the existing bulkhead to the West.
However, care must be taken to control an eventual erosion
to the East. This can usually be controlled by adding some
rock to the existing partial revetment.
An alternative would be a rip-rap revetment. This revetment
would be some 4' in height above the beach along the slope
covering the entire width of the property.
It was also noted, that on this property many large
stones and boulders were on the beach and in the water.
This condition is helpful in terms of breaking up the intensity
of any wave action. The combination of this natural barrier
of rocks and the revetment would insure that the toe is
protected. Should any erosion then begin, it would allow
more than sufficient time to make the repairs.
It is essential that an active soil erosion of plantings
be maintained in order to protect the surface of the bluff.
This condition of erosion from rain water would not be severe
since the land pitches toward the road on the South side
of the bluff. The water on the improved portion of the
lot would tend to run away from the bluff to the South thereby
reducing the saturation load at the bluff.
-5-
The plantings then would be primarily used to contain the
bluff for any saturation that would fall North of the bluff
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on the slope itself. Since the bluff is intact in its natural
state I must conclude it will remain that way so long as
the erosion program is continued. The knoll could be removed
if the plantings are restored or replaced.
Construction Phase
Great care must be exercised during the construction
phase and it is also recommended that certain minor design
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changes be made.
Firstly, the excavation should be done very carefully
using small machines to minimize the vibratory effects of
the machine work.
A protective fence must be erected at a minimum of 40'
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away from the edge of the bluff to preclude any disruption
of, or loading in this location. All storage of excavated
materials should be done on
and the backfilling of the
a very small machine. No
the Southerly part of the lot
foundation should be done with
concrete mixer should be brought
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up closer than 40' from the edge of the bluff. Concrete
for the Northerly part of the foundation can be placed,
using chutes. It is also recommended that no digging be
done within 40' of the edge of the bluff, therefore, the
framing design for the deck should be modified in such a
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way that the girder footings, that would be close to the
edge of the bluff, be eliminated. This can be done by a
partial cantilevering of the deck and using knee braces
down to the footing to support the girder.
I --6--
CONCnUSrON~Sr~n su~
The existence of other dwellings close to the bluff
and larger than the proposed structure indicates that the
character of the neighborhood would not be adversely effected.
The loading on the bluff due to a building on the subject
lot can be safe with a 45' setback from the bluff. The
bluff is a fragile situation, but with proper care and
planning, it can be protected.
The single most vulnerable feature of this location
is the toe of the slope, and must be protected. The slope
erosion is not a problem. '
Based on the analysis and evaluation, the following
recommendations are made:
1. The toe of the bluff should be protected from
sea scour by a bulkhead or rip-rap revetment.
2. An active planting soil erosion program should
be maintained after the small section to the
West is repaired.
3. During construction, the area for at least 40'
South of this bluff should be protected by a
fence and no use be made of this area.
4. That no excavation be done within 40' of the
edge of the bluff and no material is to be
stored North of this line.
5. That small excavating machines be used to
minimize vibratory effects of the excava-
tion.
i/~~'~ ~ Steve G. Tsontakis, P.E.
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LICENSED LAND SURVE~R~
NEW YORK
STATEMENT OF INTENT
THE WATER SUPPLY AND SEWAGE DISPOSAL
(si
APPLICANT
SUFFOLK COUNTY DEPT OF HEALTH
SER VICES F 0 R APPROVAl
CONSTRUCTION ONLY
DATE:
TEST HOLE STAMP
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McDONAI. D
GEOSCIENCE
BOX 1000 · Southold, NOW York 11971 · (516) 765-3677
Test Hole Data Sheet
Namer Nicholas Tsirkas.
Locations Sound Drive. Greenport
Tax l~ap Numbers lO00-33-l-ll
Project Descriptions Lot
Date~ 4-29-86
Test Hole
Dark brown loam
Red sandy loam
Yellovish red £ine'sand
Yellovish brown silt
Commentss At 7' hit,_~rock. L then sank a line of t~o ~ore holes
colinear ~ith the first at intervals off l' and hit rock at ~'
in both. Large,e£ratics cover the beach and slope some of ~hich are as
~uch as LO' in diameter. This ~si~hatt:b~ock any further penet~&tion
£n the test holes.
McDON~4I~D
I GEOSC~ENCE
BOX 1000 · Southold, Now York 11971 · (516) 765-3677
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Test Hole Data Sheet
Name!
Locat[on~
Tax Hap'Number~
Project Descr[pt~on~
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Datel
Test Hole
Hu~is
Dark brown loam
'
Red sandy loam
Yellowish red fine sand
Commentsl Stopped by rock. This was most./ikel~ a layer of s~aller sized
rock, cobbie gravel, since I set in another hole 1' away and penetrated
to 5'. I inspected the hole and could see a corner of the rock. Its
shape and orientation indicated it was probably less than lO# in
diameter.
McDONALD
I GEOSCIFNCE
Box 1000 · Southold, NOW York 11971 · (516) 765-3677
Test Hole Data Sheet
Locations
Tax Map Numbers
Project Description~
Datel
Test Hole #3
Dark brown loam
1'
Reddish brown sandy loam
4'
Yellovish red fine sand
6'
Yellowish brown silt
7'
Strong brown fine sand
14'
Commentsl
Again encountered rock.
PAC-298
VARIANCE SEARCH
STATE OF NEW YORK)
SS
COUNTY OF SUFFOLK)
JEANNE ANSTETT, BEING DULY sworn deposes and says:
That she resides at 439 Claus Avenue, Riverhead, New York, and is
over the age of 21 years, and that she is the Office Manager of
PECONIC ABSTRACT, INC. and that under her direction title was
examined to the parcels of land described on the annexed
schedule, as to Parcels A,B, and C. That said examination,
made to include 2/3/86, discloses that the subject premises
has been in single and separate ownership SINCE AT LEAST
10/31/73 as appears from the Chains of Title annexed hereto; and
that the effective date of the applicable Zoning Ordinance is
1/1/66.
And that this affidavit is made to assist the Board of
Zoning Appeals of the Town of SOUTHOLD and to reach any
determination which requires as a basis therefore the information
set forth herein and knowing full well that said Board will rely
upon the truth thereof.
SWORN TO BEFORE ME THIS
7TH DAY OF MAR~ 1986.
BY:
RICHARd SPANBURGH
Notary Public, State of New York
No, 52-3775950
Qualified in Suffolk Court
Comm. E~' ~ March 30, 1~85
PARCEL A
SUBJECT PREMISES
M/O Eastern Shores, Sec. 4
#4586
Lot 113
1000-033.00-O1.00-011.O00
Morgan Guaranty Trust Company
of New York, as executor of
the Last Will and Testament
of Harrison K. McCann, dec.
to
H.J.S. Land & Development Corp.
H.J.S. Land & Development Corp.
to
Frank Sturm
Frank Sturm
to
John Q. Newman
John Q. Newman
to
Janet T. Swanson
Janet T. Swanson
to
Nicholas Tsirkas
LAST DEED OF RECORD
DATED: 2/3/86
Liber 5474 cp 61
Dated: 12/19/63
Recorded: 12/27/63
Liber 7185 cp 258
Dated: 6/23/72
Recorded: 6/27/72
Liber 7537 cp 252
Dated: 10/31/73
Recorded: 11/23/73
Liber 7801 cp 140
Dated: 2/5/75
Recorded: 2/24/75
Liber 8059 cp 383
Dated: 6/28/76
Recorded: 6/30/76
PARCEL B
ADJACENT EAST
Same map
Lot 114
1000-033.00-O1.00-012.000
Morgan Guaranty Trust Company
of New York as executor of
the Last Will and Testament
of Harrison K. McCann, dec.
to
H.J.S. Land & Development Corp.
H.J.S. Land
to
Frank Sturm
& Development Corp.
Frank Sturm
to
Preston-Brady Company,
Inc.
Preston-Brady Company,
Inc.
to
Catherine Loukatos
Catherine Loukatos
to
Vaseles Loukatos
Catherine Loukatos,
his wife
LAST DEED OF RECORD
DATED: 2/3/86
Liber 5477 cp 61
Dated: 12/19/63
Recorded: 12/27/63
Liber 7185 cp 258
Dated: 6/23/72
Recorded: 6/27/72
Liber 7708 cp 137
Dated: 8/23/74
Recorded: 9/5/74
Liber 8722 cp 523
Dated: 10/23/79
Recorded: 11/1/79
Liber 9479 cp 358
Dated: 11/21/83
Recorded: 12/21/83
PARCEL C
ADJACENT WEST
Same map
Lot 112
1000-033.00-01.00-010.000
Morgan Guaranty Trust Company
of New York as executor of
the Last Will and Testament
of Harrison K. McCann, dec.
to
H.J.S. Land & Development Corp.
H.J.S. Land & Development Corp.
to
Richard Kopek
Eleanora Kopek, his wife
LAST DEED OF RECORD
DATED: 2/3/86
Liber 5474 cp 61
Dated: 12/19/63
Recorded: 12/27/63
Liber 7085 cp 130
Dated: 1/8/72
Recorded: 1/12/72
ADJACENT NORTH - Long Island Sound
ADJACENT SOUTH Sound Drive
SN~oi~rn to before me this
day of M~ch, 1986.
RICHARL~ SPANBURGH
Notary Public, State of New York
No. 52-3775:J50
PECONIC ABSTRACT, INC.
OJ~i~ANST~TT
MANAGER
ZBA
5/22/86
Page 34
93471 - Recessed from 4/3 and 5/1/86 on behalf of
NICHOLAS TSIRKAS.
MR. PACHMAN: ~ knew all along it would be a late evening.
Are the minutes from the May 1st hearing ready?
CHAIRMAN GOEHRINGER: No. I have reviewed the repor~ from the
engineer and so has the Board and you can tell the engineer that
he has done a very good job and we appreciate it...a real bang
up job on evaluating the property. The reason that I asked,~ou
to come is that I want to know if you intend to do all the
things in that report?
MR. PACHMAN: Yes, yes, yes.
CHAIRMAN GOEHRINGER: Are you prepared to protect the bluff?
MR. PACHMAN: We are ready to follow the recommendations to the
best of our ability. It would be foolhardy not to.
CHAIRMAN GOEHRINGER: The only other question that I had
I wanted a copy of the original survey, but I think ~he one
I have in the report is a better one.
MR. PACHMAN: That's the confusing one that shows ths..38' when
in fact it is 48', because the deck shouldn't be considered
with cantilevering and really the distance from the building
is 48' and not 38'.
CHAIRMAN GOEHRINGER: DO you have a copy of that?
MR. PACHMAN: This is the survey that the Health Department
approved but I have another one. He is not considering his deck
as giving any weight. The distance is really 47' from the foun-
dation to the slope.
CHAIRMAN GOEHRINGER: There is a great possibility that we might
and this is why I wanted you here. If we so desire to grant
this application, we may grant it without the deck. Hear me out.
Asking you to come back with another application just for the
deck as an accessory use and that is an option that we have been
discussing. Now what we are saying is we don't want the deck
added to the house. It can be adjacent to, but we don't/~n~
part of the structural integrity of the house. Structurally, £t
means nothing .....
ZBA
5/22/86
Page 35
NICHOLAS TSIRKAS HEARING T Continued
MR. PACHMAN: But, what if the condition is that we build it that
way, that it is not part of the house, so we don't have to come bac
CHAIRMAN GOEHRINGER: That's a good question, let me ask the
building inspector that. If you want to make this particular
deck an accessory use, we did not advertise for the deck to be
an accessory use, except for the structure, excuse me, so there-
fore we wouldn't have to bring another application.
MR. PACHMAN: I respectfully bicker on that. The relief that
they were asking for is the identical relief, the fact that you
are disassociating it from the structure, the deck was part of
our application.
MR. LESSARD: If you can s~p out from structure on to the deck,
it is considered part of the structure. We have gone through
an awful lot of argument on this, because people like to stand
the deck independent against the house. With that in mind, I
don't know where you want to go with lt.
CHAIRMAN GOEHRINGER: We will cross that bridge when we ~t to it.
This is the realm that we are dealing with at this particular time.
MR. PACHMAN: Let me make a telephone call. I don't think we
have a problem with this.
CHAIRMAN GOEHRINGER: We are not
stand what Mr. Lessard is saying.
cumventing or not not.
interested in taxation. I under-
We don't care if it is cir-
MR. PACHMAN: It is not our concern whether the two can ~be at-
tached, the fact that they are independently supported by each
other, I don't have a problem with that. If we can get it granted
and the builder can erect the deck so it is not fastened to the
building, I don't think I have a problem with it. Just let me
make a telephone call.
CHAIRMAN GOEHRINGER: Fine.
MR. PACHMAN: In addition to the five recommend~ions of the
engineer, an additional provision will be made that the deck
itself would be free-standing adjacent to the building, but not
affixed to it. He can live with that.
CHAIRMAN GOEHRINGER: Wonderful. We worked that out prior to
the start of the last hearing. I understand what Mr. Lessard is
saying and he now understands what I am saying I can't wait
wait until we read the minutes of this hearing, I r~lly can't.
Hearing no further comment, I make a motion closing this hearing,
reserving decision until later.
Southold Town Board of Appeals
I~AIN ROAD- STATE ROAD 2.5 c:OUTHOLD, L.I., N.Y. 119'71
TELEPHONE (516) 765-1809
APPEALS BOARD May 1, 1986
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, ..IR. S . E . Q . R . A .
SERGE DOYEN, JR.
ROBERT J. DOUGLASS NEGATIVE ENVIRONMENTAL DECLARATION
JOSEPH H. SAWICKI Notice of Determination of Non-Si~nificanc~
APPEAL NO.: 3471
PROJECT NAME: NICHOLAS TSIRKAS
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 tX] Unlisted [ ]
DESCRIPTION OF ACTION: Variance for permission to construct single-
family dwelling with an insufficient setback from edge of bank along
L.I. Sound.
LOCATION OF PROJECT: Town of Southold, County of Suffolk, more
particularly known as:North side of Sound Ave., Greenport, N.Y. Eastern
Shores Subdivision Map 4586, Lot 113, County Tax M~p Parcel No.
1000-105-01-5.
REASON(S) SUPPORTING THIS DETE~qINATION:
(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 location of the proposed dwelling is at an elevation of
more than ]0 feet above mean sea level.
FOR FURTHER INFORMATION, PLEASE CONTACT: 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.
lk
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.h, N.Y. 119'71
TELEPHONE (516) 765-1809
April 1 7, 1986
Howard E. Pachman, Esq.
Pachman & Oshrin
366 Veterans Memorial Highway
Commack, NY 11725
Re: Appeal No. 3471 Nicholas Tsirkas (Variance)
Dear Mr. Pachman:
This letter will confirm that the public hearing in the
above-entitled matter has been recessed until our May l, 1986
Regular Meeting, 8:15 p.m., in order to allow additional time
for the submission of a certified engineer's report concerning
conditions which may occur resulting from the location and
construction of the dwelling as proposed and affecting safety
of the occupants.
Yours very truly,
cc: Rudolph H. Bruer, Esq.
GERARD P. GOEHRINGER
C HA I.R MA N ~
VB'y Linda K'dwalski
MAIN RDAD
March 24, 1986
Southold Town Zoning Board of Appeals
Town Hall
Main Road
Southold, N.Y. 11971
Re: Tsirkas, Nicholas
Appeal to ZBA - Town of Southold
Dear Sirs:
Pursuant to your request, I enclose herewith a copy of Mr. Tsirkas'
sketch indicating the dimensions of the proposed construction at the
subject premises.
Sincerely,
~u olph~er
RHB/df
Enc.
qo
7g
· March 18, 1986
Southold Town Board
of Appeals
Town Hall
Southold, New York
11971
Re: Tsirkas, Nicholas
Appeal No. 3471
Dear Sirs:
Pursuant to your letter of March 6, 1986, enclosed please find
a copy of a survey setforthing the information requested in
that letter.
If you should require anything else, please do not hesitate to
contact me.
Enc.
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWlCKI
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.h, 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 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 truly,
GERARD P. GOEHRINGER
CHAIRMAN
Enclosure
Linda Kowalski
Secretary and
Board Clerk
K,
}-
I
, bO'I' I dO ',~.
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NO'I ICg ~F HEARINGS ·
NcrrlcE Is HEREBY O
EN, pursuant tO Section 267
the ~wn ~w and the Code of
~he To~ of ~uthold, the
fo~o~ p~ h~ ~H
hem b~ ~h~ $OUTHOLD
· t ~ ~u~ ~ ~
7:30 p.m, on THURSDAY,
MAY ~, D86 ~d ~ foHo~:
7:35 p.~ Ap~ No. 33~-
JOSEPH AND ANN
PACELLI. V~n~ to the ~
tion 1~31, Bulk S~ul~ for
appro~l of imufflcient a~,
depth and width of th~ p~
~fer~ to ns ~ts No. 1, ~ ~d
10, Map of Bayside ~rrac~
along the south side of North
Bay~ ~ad, ~d ~ts No, 9
and 101~ ~o~ the ~ide
of Summer ~ne; Cowry
Map District 1~, S~fion 78~
7:40 p,m. Ap~ No. 3492-
JOYCE T~E. Vari~ce to the
Zoning Ordinance, ~ticle II1,
Section 1~32C, for ~ssion
~o locate accessory t~
gauge in fmntyard are~ at
Jackson St~t, N~ Suffolk,
NY; County ~x Map ~strict
5.
~:45 p.m. Ap~ No. 34~-
GREENPORT N,Y. CON-
G~GATION OF JEHOVAH
W~NESSE~ Sp~i~ E~p-
tion to the Z~ning Ordin~
for ~r~ssion to comtmct
dition ~d es~bl~h same for
rdigious, ~b~y us~ at 1345 In-
dian Neck ~ne (a/k/a 50
Spring ~ne), ~conic, NY;
County T~ Map Dist~ct 1~,
Section 86, Block 5, ~t 1.
7:50 p.m. Appel No.
GREENPORT HOUSING
ALLIANCE. Vafi~ce to the
~ning Ordinaac~ ~ticle IlL
S~inn 1~31 for ~s~on to
wNh insufficient to~
and insufficient northerly
sM~rd at 13~ ~enth Strut,
Gr~nport, ~; Map of O~n-
port Driving ~k, ~t N~ 369;
County ~ Map Dist~ct 1~,
S~ion 48, Block 3, LOt 16.
7:55 p.m. Appeal No,
the ~nlng O~in~c~ Art~e
Ill, Section 100-31, Bulk
Sch~ule for ~r~ssion to con-
s~ruct deck addition with ins~f-
fidem re~d ~etbnck at 655
C~ar Driv~ East Marion,
County ~ Map Dist~ct
Sectinn 22, Block 2, ~t 41.
BE~O.V~iance
fio~ 1~32 for ~r~ssion to
buiMin~ in front~rd ~ea
74~5 Soundview Avenue,'
Southold, ~; County ~ ~p'
Dist~ 1~, Section 59, Bilk
JOHN M. ~RBS. V~ce t~
t~e ~ning Ordin~c~ Articl~
~, for approv~ of insuffici~m
~rea of thr~ p~s in thh pro-
posed four-lot minor subdi~.
sion looted ~on~ the south side
of ~id~le ~ad (C~R. 48),
Sout~M, ~ County ~ Map
District 1~, S~rion 55, Block
COUNTY OF SUFFOLK
SS:
STATE OF NEW YORK
Patricia Wood, being duly sworn, says that sh~
Editor, of THE LONG ISLAND TRAVELER-WATC
a public newspaper printed at Southold, in Suffolk
and that the notice of which the annexed is a printe
has been published in said Long Island l'raveler-W~
once each week fo~ ................. ~ .......
8:45 p.m. Appeal No. 350~-
NORTH FORK
WELDING/SCHOENSTEIN.
Variances to the Zoning Or-
dinance, Articles: (a) XI, Section
100-119.2 (B) for permission to
locate new building within the
required 75' setback from
wetlands area, (b) VI, Section
100-60 for permission to expand
nonconforming use of welding
business in this "B-Light"
Business Zoning District located
along the south side of Main
Road, (S.R. 25), Greenpor t, NY;
County Tax Map Parcels No.
1000-53-2-12, 13, and 15: Lots
~ 172, 173, 174, Peconic Bay
successively, commencing on the ........ /37'...'. Estates Map No. 658, and Map
, No. 1124 as Amended. ·
, ..,~ ~'L f>/ /' 8:50 p.m.- Appeal No. 3471\
o,t~ot ..... '~../. (/4~ ..... , 19 .q.Q. ,'~/ N1CHOLASTSIRKAS(R~cess-\
~ ~ "k / (, k~ ~d from May 1. 19863.
/ ~ ~,~ ~ ~ / / ,, "' 8:50 p.m. Appeal No.
~,--~,~..~/ ................. ~-/~.~-~ HOWARD AND JANET
MALONE. Variances to the
Sworn to before mc this
........ 77, ....... ,
g:10 p.m. Appeal No. 3506-
ARMANDO J. CAPPA/PORT
OF EGYPT ENTERPRISES·
Variance to the Zoning Or- ./~
dinance, Article XI, Section ,.~e_~_~_.
100-119.2 (B) for permission to ...............
'locate attached deck and Notary Public
seafood holding tanks within
75' of high water and bulkhead,
at 62140 Main Road, Southold,
NY; County Tax Map Parcel No.
1000-56-6-2; Lewis Homes Co.,
Inc~ Filed Map No. 535, Lot 1-9
inclusive.
8:15 p.m. Appeal No. 3418-
GRETCHEN HEIGL (Recessed
from April 3, 1986).
8:20 p.m. Appeal No. 3493-
WELLS PONTIAC-
CADILLAC. Variances to the
Zoning Ordinance, Article VI:
'(a) Section 100-60(C)[2](a} for
permission to erect ground sign
exceeding maximum 6'6" height
requirement, and exceeding
height requirement of IY6"
from ground to upper edge of
sign' and (b) Section
100-60(C)[2](b)[4] for permis-
gon to place wall sign with pro-
jection of more than one foot,
at 42155 Main Road (a/k/a 2Q ·
Peconic Lane), Peconic, NY;,
County ~ Map District 1000,
Section 75, Block 1, Lot 14.
8:25 p.m. Appeal No. 3491.
DONALD J. GRIM. Special
Exception of the Zoning Or-
dinance' Article IX, Section
100-90 for permission to con-
gtruct storage building and
establish outside stockpiling of
material uses in this "C-l"
HeavylndustrialZoning District.
Location of Property: Lot No,
2, (Pending) Minor Subdivision
No. 450 of L,B. Glover, south
side of Oregon Rosa, Cut-
chogue; County Tax Map
District 1000, Section 83, Block
3, Part of Lot 4.4, containing
4.59 ~res.
8:30 p.m. Appeal No. 3477-
WILLIAM AND
KATHERINE HEINS. Variance
to the Zoning Ordinance, Arti-
cle III, Section 100-31, Bulk
Schedule for approval of insuf-
ficient area, width and depth of
two parcels in this proposed
division located along the north
side of Main Road, Orient, NY;
County Tax Map Parcels No.
1000-19-2-5 and 6.
BARBAILA FORBES
[otary Pvb!ic, State of N~w York
o~nmi~6on Expires ~-.~ ~ 19 ~
Zoning Ordinance, Article: (a)
II1, Section 100-31, Bulk
Schedule, for permission to con-
struct addition with an insuffi-
cient sideyard setback, ar, d (b)
X1, Section 100-119.2 (B) for
permission to locate addi6on
within 75' of ordinary highwater
mark and bulkhead al 250 Blue
Marlin Drive, Greenport, NY',
Southold Shores Map No. 3853,
Lot No. 3; County Tax Map
Parcel No. 1000-56-07-21.
8:55 p.m. Appeal No. 349%
MARJORIE D. PETRAS.
Variance to the Zoning Or-
dinance' Article III, Section
100-31 for permission to con-
struct addition in exces~ of
maximum-permitted 20 percent
lot coverage requirement at 700
Koke Drive, Southold, NY;
County Tax Map Parcel No.
1000-87-5-006.
9:05 p.m. Appeal No. 3507-
' NICK THEOPH1LOS. Variance
to the Zoning Ordinance, Arti-
cle XI, Section 100-119.2(A) for
permission to locate swimming
pool with deck and fence
enclosure within 100' of bluff
area along Long Island Sound,
at 2200 Sound Drive, Greenpon,
NY, LOt No. 118, Map of
Eastern Shores, Section 4,
County Tax Map Parcel No.
1000-33-1-16.
9:10 p~m. Appeal No. 3458-
NORYH ROAD ASSOCIATES.
Variance to the Zoning Or-
dinance, Article iii, Section
I00-31 [or Article XIII, Section
100-136{E)] for approval of three
parcels having insufficient area,
and proposed Parcel No. 3 hav-
ing insufficient depth, located
on private right-of-way off tile
north side of Main Road
23), Orient, N.Y.; County Tax
Map Palce! No. 1000-018-4-1
(1.1).
The Board of Appeals will
hear at said time and place ali
persons or representatives desir-
ing to be heard in each of the
above hearings. Written com-
ments may also be submitted
prior to the conclusion of the
hearing in question. For more
information, please call
765-1809 (alt. 18023.
Dated: April 16, 1986.
BY ORDER OF THE
SOUTHOI, D tOWN
BOARD OF APPEALS
GERARD P. GOEHRINGER,
CHAIRMAN
IT-5./15/86(12)
NOT~ OF aE~a~C,S
NOTICE IS HEREBY GIVEN, i
~ursuant to Section 267 of the ~
'!own Law and the Code of the !
Town of Seuthold, the following
~ublic hearings will be held by ~
ihs sOUTHOLD TOWN ~
IOARD OF APPEALS at the
~outhold Town Hall, Mai~ Road,
3ou~hold, NY at a Regular Meet-
ing commencing a_t 7:30 p.m. on
TH1 HSD~Y MAY ~
and ,~ ~ollo~'s: ,· ~"~'"~' ,
7:35 p.m. Appeal_lq0.' .~__:
.JOSEPH
AND ANN
PACELLI. Variance to the Zen-
mg Ordinance, Article HI, See-
lion 100-31, Bulk Schedule, for
approval of insufficient area,
depth and width of three parcels'
referred to as Lots No. 1, 9 and
10, Map of Bays/de Terrace,
Seuthold, NY; Lot No. 1 located
along the south side of North
Bayview Road, and Lots no. 9 and
no. 10 located along the east side
of Summer Lone; County
Map District 1000, Section 78~
Block 9, Lots I and 16.
7:40 p.m. Appeal No. 3492-
JOYCE TESE. Variance to the
Zoning Ordinance, Article III,
Section 100-~2C, for permission
to locate accessory three-car gar-
age in frontyard area, at 800
Jack,~on Street, New Suffolk,
NY; County Tax Map District
1006, Section 117, Block 10, Lot
7:45 p.m. Appeal No. 3498 -
GREENPORT N.Y. CONGRE-
GATION OF JEHOVAH WIT-
NESSES. Special Exception to
the Zoning Ordinance, Article
III, Section 100-30{B)(2) for per.
mission to construct addition and
establish same for religioUs, li-
brary use, at 1345 Indian Neck
Lane (a/k/a 50 Spring Lane),
Peconic, NY; County Tax Map
District 1000, Section 86, Block
5, Lot 1.
7:50 p.m, Appeal No. 3504 -
GREENPORT HOUSING AL-
I.lANCE. Variance to the Zon-
ing Ordinance, Article III, Sec-
lion 100-31 for permission to
cate new angle-family dwelling
with insufficient total sideyards
and insufficient northerly
sideyard at 1300 Seventh Street,
Greenpert, NY; Map of Green-
port Driving Park, Lot No. 36~;
County Tax Map District 1000,
grannd to upper edge of sign; and
(b) l~tion 109.60(C)(2l(b)(4) for
permission to place wall sign
with projection of moro than one
foot, at 42155 Main Road (a/k/a
20 Peconic Lane), Peconic, NY;
County Tax Map District 1000,
l~ection 75, Block 1, Lot 14.
8:25 p.m. Appeal No. 3491 -
DONALD J. GRIM. Special Ex-
cept/on of the Zoning Ordinance,
Article IX, Section 100-90 for
permission to construct storage
building and establish outside
stockpiling of material uses in
this "C-1' Heavy Industrial ZOrn
lng District. Location of Pr~p-
arty: Lot No. 2, (Pending) Minor
Subdivision No. 450 of L.B.
Glover, south side of Oregon
Road, Cutchogue; County Tax
Map District 1000, Sect/an 83,
Block 3, Part of Lot 4.4, contain-
ing 4.59 acres·
8:30 p.m. Appeal No. 3477 -
KATHERINE AND WILLIAM
HEINS. Variance to the Zoning
Ordinance, Article III, Section
100-31, Bulk Schedule for ap-
proval of insufficient area, width
and depth of two parcels in this
propceed division located along
tho north side of Main Road,
Orient, NY; County Tax Map
Parcels No. 1000-19-2-5 and 6.
8:45 p.m. Appeal No. 3501 -
NORTH FORK WELDING/
SCHOENSTEIN. Variances to
the Zoning Ordinance, Articles;
(al XI, Section 100-119.2(B1 for
permission to locate new build-
ing within the required 75' ~et-
back from wet]ands area, lb) VI,
Section 100-60 for permission to
expand nonconforming use of
welding business in this "B-
Light" Business Zoning District
located along the south side of
Main Road, (S.R. 25), Greenpert,
NY; County Tax Map Parcels No.
1000-53-2-12, 13 and 15; Lots
172, 173, 174, Peconic Bay Es-
Section 48, Block 3, LOt 16. rates Map No. 658, and Map No.
7:55 p.m. Appeal No. 3500 - ]~24 as Amended.
NORMAN REICtL Variance to /8:50 p.m. Appeal No. 347I
the Zoning Ordinance, Article { NICHOLAS TSIRKAS (Reces-
III, Section 100-31, Bulk %~.~ed from May 1, 1986l.
Schedule for permission to co~)- 8:50 p.m. Appeal No. 3509
struct deck addition with insuffi-
cient rearyard setback at 655
Cedar Drive, East Marion, NY;
County Tax Map District 1000,
,~ection 22, Block 2, LOt 41.
8:00 p.m. Appeal No. 3483 -
PHILIP AND ELLEN BEL-
LOMO. Variance to the Zoning
Ordinance, Article III, Section
100-32 for permission to locate.
accessory garage/storage build-
lng in frontyard area at 7455
Soundview Avenue, Sauthold,
NY; County Tax Map District
1000, Section 59, Block 6, LOt 8.
8:05 p,m. Appeal No. 3065 -
JOHN M. KERBS. Variance to
the Zoning Ordinance, Article
III, Section 100-31, Bulk
Schedule, for approval of insuffi-.
c/eat area of three parcels in this.
proposed four-lot minor subdivi-
sion located along the south side
cf Middle Road (C.R. 48), South-
old, NY; County Tax Map Dis-
trict 1000, Sect/on 55, Block 3/
L~t 3.
8:10 p.m. Appeal No. 3506 -
ARMANDO J. CAPPA/PORT
OF EGYPT ENTERPRISES.'
Variance to the Zoning Ordi-
nance, Article XI, Section 100.
119.2(B) for permission to locate
attached deck and seafood hold-
ing tanks within 75' of high
water and bulkhead, ~t 62140
Main Road, Seuthold, NY;
County Tax Map parcel No.
tlOWARD AND JANET
MALONE. Variances to the
Zoning Ordinance, Article: (al
lB, Section 100-31, Bulk
Schedule, for permission to con-
struct addition with an insuffi-
cient sideyard setback, and lb}
XI, Section 100-119.2(B) for per-
mission to locate addition within
75' of ordinary highwater mark
and bulkhead, at 250 Blue Mar-
lin Drive, Greenport, NY; South-
old Shores Map No. 3853, Lot No
3; County Tax Map Parcel No.
8:55 p.m. Appeal No. 3497 -
MARJORIE D. PETRAS.
Variance to the Zoning Ordi-
nance, Article III, Section 100-31
for permission to construct addi-
tion in excess of maximum-per-
mitred 20 percent lot coverage re-
quirement, at 700 Koke Drive.
Seuthold, NY; County Tax Map
Parcel No. 1000-87-5-006.
9:05 p.m.. Appeal No 3507.
NICK THEOPHILOS. Var/-
ance to the Zoning Ordinance,
Article XI, Section 100-119.2(A)
for permission to locate swim-
ming pool with deck and fence
enclosure w~th n 100 of bluff
area along Long Island Sound, at ~
2200 Sound Drive, Greenpert,:
NY; Lot No. ] 18, Map .f Essterm
Shores, Section 4, C "'ax~
Map Parcel No. 1000
9:10 p.m. Appeal !
.rTOCIATES, ~'ariancc ;o
STATE OF NEW YORK )
) SS:
COUNTY OF SUFFOLK )
ttcather Cusack of Greenport, in
said County, being duly sworn, says that he/she is
Principal Clerk of THE SUFFOLK TIMES, a Weokty
Newspaper, published at Groenport, in the Town
of Southold, County of Suffolk and State of New
York, and that the Notice of which the annexed is
a printed copy, has bean regularly published in
said Newspaper once each week for.on(~_~_
weeks successively, commencing oaths. ~5- -
day of May 8 6
Ii)_ _
Principal Clerk
/
Sworn to before me this
dayof '~/~ (IV 1~
,/f//~CL/~. I~ g ~OTARY PUBLIC, ~ of New
~ / / r~'rm Fw~res Febraa~
/
NOTICE OF HEARING
NOT[CE 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 the
Southold Town Hall, Main Road,
Southold, NY at a Regular Meet.
ing commencing at 7:30 p.m. on
THURSDAY, MAY 1, 1986, and
as follows:
7:35 p.m. Appeal No. 3399
C. BRUCE AND ANNE
STAIGER. Variance to the Zon-
ing Ordinance. Article III, Sec-
tion 100-31, Bulk Schedule, for
approval of two parcels having
insufficient lot area, width and
depth and as described in Deeds
at Libers 3362 cp 53, and 5676
cp 213, located at the east side of
Wells Road, Peconic, NY, County
Tax Map Parcels No. 1000-80-2-4
and 5.
7:40 p.m. Appeals No. 3396 --
GARY DOROSKI for a Vari-
ance to the Zoning Ordinance,
Article XI, Section 100-119.2(B)
to locate pool within 75 feet of
wetlands. 425 Monsell Lane,
Cutchogue. (Recessed from 4/3/
86).
7:45 p.m. Appeal No. 3479 --
JOHN p. SGOUROS for a Vari-
ance to the Zoning Ordinance,
Article III, Section 100-31, bulk
Schedule for approval of two par-
cels known as Subdivision Lots
#22 and #23, "Stars Manor"
Subdivision Map No. 3864, ap-
proved by the Planning Board 9-
19-1963, having insufficient
area, width and depth, located
along the West Side of Stars
Road, East Marion, NY; County
Tax Map Parcels No. 1000-22-2-
20 and 21.
7:50 p.m. Appeal No. 3480 --
VINCENT AND JOANN
CASA for a Variance to the Zon-
ing Ordinance, Article XI, Sec-
tion 100-119.2(A) for permission
to locate swimmingpool with
deck and fence enclosure within
100 feet of bluff along the Long
Island Sound, premises known as
1840 The Strand, Pebble Beach
Farms Inc. Subdivision Map #2,
Lot #115, East Marion, NY,
County Tax Map Parcels No.
1000-30-2-58.
7:55 p.m. Appeal No. 3486 --
ROBERT JOHNSEN for a
Variance to the Zoning Ordi-
nance, Article III, Section 100-
31, Bulk Schedule for approval
of insufficient lot area of prop-
osed Parcel #4 in this pending
lbur-lot minor sudivision located
along the south side of Sound
View Avenue. Southold; County
Tax Map Parcels No. 1000-68-4-2
and 3.
8:00 p.m. Appeal No. 3490 --
HARRY AND
PropertY: rrl.~
Walker, west by
by private Road, east by private
Road and SorenSon; County Tax
Map parcel No. 1000-3-2-10.
8:05 p.m. Appeal No. 3494 --
poRT OF EGYPT ENTER-
pRISES for a Variance to the
Zoning Ordinance, Article XI,
Section 100-119.2 for permiSsion
~ ,~ marine fuel storage
Industrial Zoning District with
an insufficient setback from
Iandward edge of tidal wetland
and from ordinary highwa.te~r
mark, at 6230 Main Road, South-
old, NY County Tax Map parcel
No. 1000-56-6-3.2, 3.3, 4, 6, 6.1
8:10 p.m. Appeal No, 3468 --
ROBERT J- LONG for a Yari-
North Side of Main Road, East
Marion, NY; County Tax Map
Parcel No. 1000-31-4-15, con-
taini~? 912 acres.
sNedS:lfi a. Appeal No. 3471
ICH(~S TSIRKAS (Reces-
from 4/3/86).
8:20 p.m. Appeal No. 3489 --
PAUL LEARY for a reversal of
decision of the building in~pecter
for a nullification of actions by
the Building Departmeo~ to
issue a modified Permit andDe-
molotion Permit, and that the
property owners be left to regular
procedures of law, to be allowed
only after review by the Board of
Appeals and in accordance with
all other provisions of law. Name
of Owners and Location of Prop-
erty in Question: FRANK E.
AND MARY BROPHY, 75 Sec-
ond Street, New Suffolk, NY;
County Tax Map Parcel No.
1000-117-10-20.7.
The Board of Appeals witl
hear at said time and place all
~ersons or representatives desir-
ing to be heard in each of the
above matters. Written com-
ments may also be submitted
prior to the conclusion of the
hearing in question. For more in-
formation, please call 765-1809
(alt. 1802).
Dated: April 3, 1986.
BY ORDER OF
THE SOUTHOLD TOWN
BOARD OF APPEALS
GERARD p. GOEHRINGER,
CHAIRMAN
1TA24-5224
STATE OFNEWYORK )
) SS:
COUNTY OF SUFFOLK )
I~Io~_~her Cuc~o~ of Greenport, in
said County, being duly sworn, says that he/she is
Principal Clerk of THE SUFFOLK TIMES, a Weekly
Newspaper, published st Greenport, in the Town
of Southold, County of Suffolk and State of New
York, and that the Notice of which the annexed is
a printed copy, has been regularly published in
said Newspaper once each week for
weeks successively, commencing on the
dayof ~-P~± ! 19
Principal Clerk
Swornto befor~ me this , '/
~/// - ~ ~, ~te of ~w Yo~
NOTICE OF HEARING
NOTICE IS HEREBY
GI~VEN, 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 AP-
PEALS at the Southold Town
Hall, Main Road, Southold,
NY at a Regular Meeting com-
mencing atv 7:30 p.m. on
THURSDAY, MAY 1, 1986,
and as follows:
7:35 p.m. Appeal No. 3399 -
C. BRUCE AND ANNE
STAIGER. Variance to the
Zoning Ordinance, Article III,
Section 100-31, Bulk Schedule,
for approval of two parcels haY-
ing insufficient 19t area, width
and depth and as described in
Deeds at Libers 3362 cp 53, and
5676 Cp 2131 located at the east
side of Wells Road, Peconio;
NY, Cofinty Tax Map Parcels
No. 1000-86-2-4 and 5.
7:40 p.m. Appeal No. 3396:
GARY-DOROSKI for
V~ io the Zoning Or-
dinance, Article XI, Section
100-119.2(B) to locate pool
within 75 f~of wetlands. 425
Monsell l~e; Cutchogue.
(Recesed fr~/3/86)
7:45 p.m.~peal No. 3479 -
JOHN P. SGOUROS for a
Variance to the Zoning
dinance, Article 111, Section
100-31, hulk Schedule for
.ed set-off division of land hay- m.
mg insufficient area and depth, Ion
located along the North Side of
Main Road, East Marion, Ny; .av-,
County Tax Map Parcel No. ad.
1000-314-15, containing 11.912 Dst-
acres, sc
fN8:15 p.m. Appeal No. 3471~ tp
ICHOLAS TSIRKA~
{,,.(Recessed fi om 4/3/86). .-) t~
8:20 p.m. Appeal No. 3489 - uo
PAUL LEARY for a reversal of a~N
decision of the building inspec. 3Ae
tor for a nullification of actions ._I,
~y the Building Department to ~i
~ssue a modified Permit and
Demolition Permit, and that the --e
property owners be left tO g
regular procedures of law, to be
allowed only after review by the
Board of Appeals and in actor.
dance with all other provisions Port
of law. Name of Owners and ? sm;
Location of Property in Ques- snli
tion: FRANK E. AND MARY
BROPHY, 75 Second Street,
New Suffolk, NY; County Tax
Map Parcel No.
1000-117-10-20.7.
The Board of Appeals will
hear at said time and place all
persons or representatives desir- i~{OO
mg to be heard in each of the
above matters. Written com- ~lU!
ments may also be submitted 'U
prior to the conclusion of the d
hearing in question. For more
information, please call
765-1809 (alt. 1802).
Dated: April 3, 1986
BY ORDER OF THE
SOUTHOLD TOWN
BOARD OF APPEALS
GERARD p. GOEHRINGERI
CHAIRMAN
l T-4/24/86(2)
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 punic 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 Travel~$-Watchman
once each week for ........................... weeks
successively, commencing on the
......... ,9 .....
/ d2 ,
q L2J' ........... .... c....<x...
Sworn to before me this c~/ cK
..................... day of
........ ........ ,
Notary Public
BARBARA FO ;,' fie b
i'qot~y Ft, l~!f-~, [¢taLe o£ New Yolk
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y, 119'71
TELEPHONE (516) 765-1809
TO WHOM IT MAY CONCERN:
Please find enclosed herewith copy of the Legal Notice
as published in the local and official newspapers of the
Town of Southold, to wit, L.I. Traveler-Watchman, Inc. and
Suffolk Weekly Times, Inc. indicating the time and date of
your recent application with the Board of Appeals.
Someone should appear in behalf of the applicant at
the public hearing in the event there are questions from
board members or persons in the audience.
If you have any questions, please do not hesitate to
call our secretary, Linda Kowalski, at 765-1809 (or if no
answer, 765-1802).
Yours very truly,
GERARD P. GOEHRINGER
CHAIRMAN
lk
Enclosure
Page 4 - Legal Notice of Hearings
Southold Town Board of Appeals
Regular Meeting of April 3, 1986
Copies of the 3-page Legal Notice of Hearings to the following
on or about March 25, 1986, with transmittal form:
Mr. Gary Doroski, 425 Monsell Lane, Cutchogue, NY 11935
Mr. Jerry Shulman, P.O. Box 41, Port Jefferson Station, NY 11776
Mr. Joseph A. Cassidy, Jr., 39-17 222nd St, Bayside, NY 11361
Mr. Merlon Wiggin, Peconic Associates, Greenport,
as agent for BEDELL WINERY
as agent for PORT OF EGYPT ENTERPRISES
NY 11944
Rudolph H. Bruer, Esq., Main Road, Southold, NY
as agent for ROBERT AND CHARLOTTE WISSMAN
as agent for MICHAEL HERBERT
as agent for WILLIAM KREITSEK
as agent for NICHOLAS TSIRKAS
11971
Michael J. Hall, Esq., Youngs Avenue, Southold, NY 11971
as agent for GRETCHEN HEIGL
Anthony B. Tohill, P.C., Box 744, Riverhead, NY ll901
as agent for WILLIAM AND KATHERINE HEINS
Mr. and Mrs. William Heins, Main Road, Orient, NY 11957
Town Clerk Bulletin Board
ZBA Bulletin Board
Building Inspectors (4)
ZBA Members
ZBA Individual Files with Affidavits
of Publication
Southold Town Board of Appeals
NAIN RnAD- ~TATE EnAD 25 SOUTHOLD, L,I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI
March 6, 1986
Rudolph H. Bruer, Esq.
Main Road
Southold, NY 11971
Attention: Mrs. D. Foster
Re: Appeal No. 3471 - Nicholas Tsirkas (Variance)
Dear Diana:
Enclosed is the filing receipt for the above application
for your records.
Also, in reviewing the file, the board has requested
the following:
(a) exact distance of the requested setback from the
nearest point of the new proposed dwelling to the bluff line
[including deck areas, if any];
(b) surveys or other certified documents evidencing
the fact that adjoining lots have dwellings closer to the
bluff area than that proposed as indicated in the application.
Upon receipt of the above,
to consider your application as
meeting date.
the board will be in a position
requested at the next available
Please don't hesitate to contact us if you have any
questions.
Yours very truly,
GERARD P. GOEHRINGER
CHAIRMAN
Enclosure By Linda Kowalski
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
February 20, 1986
To: Southold Town Zoning Board of Appeals
From: Judith T. Terry, Southold Town Clerk
Transmitted herewith is Zoning Appeal No. 3471 application of
Nicholas Tsirkas for a varinace. Also included is Notice to
Adjacent Property Owners; Notice of Disapproval from the Build-
ing Department; Short Environmental Assessment Form; letter
relative to N.Y.S. Tidal Wetlands Land-Use; and survey.
Judith T. Terry
Southold Town Clerk
NOTICE OF HEARINGS
NOTICE IS HEREBY GIVEN,
pursuant to Section 267 of the
Town Law and the Cede of the
Town of Southold, the following
public hearin~gs will be held by
the SOUTHOLD TOWN
BOARD OF APPEALS at the
Southald Town Hall, Main Road,
Southold, NY at a Regular Meet-
ing commencing at 7:30 p.m. on
THURSDAY, APRIL 3, 1986,
and as follows:
7:35 p.m. Appeal No. 3396 --
GABY DOROSKI for a Vari-
ance to the Zoning Ordinance,
Article XI, Section 100-119.2(B)
for permission to locate prolxmed
pool with decks and fence enchi-
sure within 75 feet of wetlands
and highwater mark, at 425
Monsell Lane, Cutchogue, NY;
Norwald Subdivision Filed Map
No. 1275, Lots 31-35 inclusive;
County Tax Map Parcel No.
1000-974)5.27.
7:40 p.m. Appeal No. 3482 -
JERRY SHULMAN for a Spec-
iai Exception to the Zoning Ordi-
n~nce, Article IX, Section 100-90
for Permiszion to change use of a
portion of existing building to
building-matorial storage, in
conjunction with existing ~g-
!ricultural storage and agricul-
rural office, at premises referred
to a~ 11950 Sound Avenue, Mat-
tituck, NY; County Tax Map Par-
cci No. 100~-1414)3-41.
7:45 p.m. Appeal No 3473 -
JOSEPH A, CASSIDY, JR. for
frontage along Reydon Drive, set
off from premises to the north
presently of J. Rich of 55,831 sq.
t~. in area and 135' frontage Ilot
width). Property identification:
County Tax Map Parcel
1000-79-05-23.1 and 22.1,
cared along the west side of
Reydon Drive, Southold, NY.
7:50 p.m. Appeal No. 3451 --
BEDELL WINERY for a Spec-
iai Exception to the Zoning Ordi-
vance, Article III, Section 100-
30-(B){14] to establish winery
use from grapes grown on the
premises, 36225 Mmn Road,
Cutehogue; 100~-85-02-10. (Re-
ceded from 3/13/8~).
8:00 p.m. Appeal No. 3476 -
ROBERT AND CHARLOvrE
WIS~MAN for a Variance to the
Zoning Ordinance, Article XII,
Section 100-121 to seek relief
from conditions placed by prior
Appeal No. 2006 in the Name of
Claim Bredy and Others datod
February 27, 1975, which condi-
tionally granted use of lot for
mooring d~k and storage build-
ing (Article IH, Section 100-
30(B)[9]) and ir~sufficient lot area
ami width (Bulk Schedule), to
allow the construction of a
single-fAmily residence. Loca-
tion of Property: 715 Gull Pond
Lane, Greenpert, NY; County
Tax Map No. 1000-354)4-007.6
(referred to as Lot "C").
8:10 p,m. Appeal No. 3481 -
PORT OF EGYPT ENTER-
PBISES, INC, for a Special Ex-
ception to the Zoning Ordinance,
a Variance to the Zoning Ordi- Article VIII, Section 100-80 for
vance, Article IH, Section 100- permi~ion to instalUrel~cato
31, Bulk Schedule, for approval mzw~-';-~,storage tanks in this
of 58,484 sq. ff. parcel with 135' "C*Li~, ~.~.~h~strial Zoning Dis-
~.~ t,ri~ ~P2'J0 Main Road, South-
01d, ~gy; County Tax Map No.
10~0-55.6-3.2, 3.3, 4, 6, 6.1.
--- 8:15 p.m. Appeal No. 3472 -
MICHAEL HERBERT for a
Variance to the Zoning Ordi-
nance, Article IH, Section
30(A) for permi~ion to eztabli=h
"Bed and Breakfast"-type u~e, or
"an OWner-~cupied building,
other than a hotel, where lodging
ami breakf~t is provided for not
more than ~ine personz." Loca-
tion of Property: 795 Pike Street,
Mattituck, NY; County Tax Map
Poxcel No. 1000-140-2-23. Zon-
lng District: A-Residential and
Agricultural.
WILLIAM KREITSEK for a
Variance to the Zoning Ordi-
nance, Article III, Section 100-32
(and/or Section 100-30A) for per-
mission to locate private, fenced-
in tennis court together with 12'
by 12' gazebo on stilts on vacant
premises ad/acent to residence of
the applicant and referred to as
9030 Soundview Avenue, South-
old, NY; George Penny IV Filed
Subdivision dated April 11, 1974;
County Tax Map Parcel No.
1000-594)7-27.2 and 27.1.
8:40 p.m. Appeal No. 3471 --~
CHOLAS TSIRKAS for a
ariance to the Zoning Ordi-
rice, Article XI, Section 100-
9.2(A)I 1 ] for permission te con-
ruct single-family dwelling
th an insufficient setback from ~_
ge of bank along the Long Is-
d Sound. Location of Prop-
y: North Side of Sound Ay-
ue, Greenpert, NY; Eastern
or~ Subdivision Map 4586,
t 113, County Tax Map Parcel
o. 1000-33-01-11. ]
8:50 p.m. Appeal No. 3469 --
BRADY for a Varmnce to the
Zoning Ordinance, Art~le III,
Section 100-32 for permission to
locate accessory barn in the fron-
tyard area, at premises referred
to as 3500 Private Road #13, off
the north side of Bergen Avenue,
Mattit~:k, NY; County Tax Map
Parcel No. 1000-10501-5.
The Board of Appeals will hear
at said time and place all persons
or representatives dealring to be
heard in each of the above mat-
rets. Written comments may also
be submitted prior to the conclu-
sion of the hearing in question.
For more information, ple~e call
765-1809.
Dated: March 13, 1986,
BY ORDER OF
THE SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P, GOEHRINGER,
CHAIRMAN
ITM27-5198
STATEOFNEW YORK )
) SS:
COUNTY OF SUFFOLK )
~'"'" ~" De.~'nan of Greenport, in
said County, being duly sworn, says that ha/she is
Principal Clark of THE SUFFOLK TIMES, a Weekly
Newspaper, published at Greenport, in the Town
of Southold, County of Suffolk and State of New
York, and that the Notice of which the annexed is
a printed copy, has been regularly published in
said Newspaper once each week for One
weeks successively, commencing on tha 2 7
day ofMa rr-h 19 86
Prin~ibal Clark
Sworn to before me this ~ ,~ ANN M ABATE
davof /fl//L'. ~ PUf~LIC ktate et Ne,~ ¥~r'~-
// 7 ~uf/olk County NO 474318~
/ ff ~ ~__~ ~Term [xp~es ~larch 30, 19~/
NOTICE OF HEARINGS
NOTICE IS HEREBY GIV-
EN, 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 the: Southold Town Hail,
Main Road, Southold, NY at a
Regular Meeting commencing at
7:30 p.m. on THURSDAY,
APRIL 3. 1986 and as follows:
7:35 p.m. Appeai No. 3396-
GARY DOROSKI for a
Variance to the Zoning Or-
dinance, Article XI, Section
100-119.2(B) for permission to
locate proposed pool with decks
and fence enclosure within 75
feet of wetlands and highwater
mark, at 425 Monsell lane, Cut-
chogue, NY; Norwald Subdivi-
sion Filed Map No. 1275, Lots
31-35 inclusive; County Tax Map
Parcel No. 1000-97-08-27.
7:40 p.m. Appeal No. 3482-
JERRY SHULMAN for a
Special Exception to the Zoning
Ordinance, Article IX, Section
100-90 for permission to change
use of a portion of ~xisting
building to building-material
storage, in conjunction with ex-
isting agricultural storage and
agricultural office, at premises
referred to as 11950 Sound
Avenue, Mattituck, NY; Coun-
ty Tax Map Parcel No.
1000-141-03~41.
7:45 p.m. Appeal No. 3473-
JOSEPH A. CASSIDY, JR. for
a Variance to the Zoning Or-
dinance, Article III, Section
100-31, Bulk Schedule, for ap-
proval of 58,484 sq. ft. parcel
with 135' frontage (lot width).
Property identification: County
Tax Map Parcel Nos.
1000-79-05-23.1 and 22.1,
located along the west side of
Reydon Drive, Southold, NY.
7:50 p.m. Appeal No. 3451-
BEDELL WINERY for a
Special Exception to the Zoning
Ordinance, Article III, Section
100-30-(B)[14] to establish
winery use from grapes grown
on the premises, 36225 Main
Road, Cutchogue 1000-85-02-10
(Recessed from 3/13/86).
8:00 p.m. Appeal No. 3476.-
ROBERT AND CHARLOTTE
WISSMAN for a Variance to
the Zoning Ordinance, Article
XII, Sectionl00-121 to seek relief
from conditions placed by prior
Appeal No. 2006 in the Name of
Claire Brody and Others dated
February 27, 1975, which con-
ditionally granted use of lot for
mooring dock and 'storage
building (Article III, Section
100-30(B)[9] and insufficient lot
area and width (Bulk Schedule),
to allow the construction of a
single-family residence. Loca-
· tom of Property: 715 Gull Pond
Lane, Greenport, NY; County
Tax Map No. 1000-35-04-007.6
(referred to as Lot "C").
8:10 p.m. Appeal No. 3481-
PORT OF EGYPT ENTER-
PRISES, INC. for a Special Ex;
ception to the Zoning Or-
dinaoce, Article VIII, Section
100-80 for permission to in-
stall/relocate marine fuel
storage tanks in this "C-Light"
Industrial Zoning District, at
6230 Main Road, Southold, NY;
County Tax Map No.
1000-56-6-3.2, 3.3, 4, 6, 6.1.
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 Traveler-Watchman
once each week for ................... ~. ...... weeks
successively, commencing on the ......... .c~.~ ~ .......
Sworn to before me this ~ ~-'
..................... day of
8:15 p.m. Appeal No. 3472- i Notary Public
MICHAEL HERBERT for a
Variance to the Zoning Or- / BARBARo_,A'FOP. BES
dinance, Article III, Section }Notary Fubile, ~tate o~ New York
100-30(A) for permission to
establish '~Red and Breakfast"- Quallq~d in ~uffoik County
type use, or "an owner-occupied ~ommission Expires
building, other than a hotel,
where lodging and breakfast is
provided for not more than nine
persons." Location of Property:
795 Pike Street, Mattituck, NY;
County Tax Map Parcel. No,
1000-140-2-23. Zoning District:
A-Residential and Agricultural, '
8:20 p,m. Appeal No. 3418-
GRETCHEN HEIGL for a~
Variance to: (a) the Zoning Or-
dinance, Article Ill, Section
100-31, Bulk Schedule for ap-
proval of insufficient lot area
and width in this proposed divi-
sion of property, and (b) New
York Town Law, Section 280-a
for approval of access to pro- ]
posed Lot No.l over a private ]
right-of-way located along the
easterly side of the subject
P_re~m~ion of Property
~a..nd right-of-w~,ffoc'~ted alon~'
~, the easterly side of the subject
~iS~,. Lo~tiOn_O~ Pronert~J
".and Right-of-Way in Question':
;North side of Sound View
Avenue, Southold, NY; County
t Tax Map Parces No.
'-1000-68-1-14 and 15.1.
i 8:25 p.m. Appeai No. 3477-
WILLIAM AND
,'KATHERINE HEINS for a
~' Variance to the Zoning Or-
.%,dinance, Article III. Section
;. 100-31, Bulk Schedule for ap-
proval of insufficient area,
~width and depth of two parcels I
in this proposed division located
along the north side of Main
,~4o~ad, Orient, NY; County Tax
ap Parcels No. 1000-19-2-5
and 6.
8:35 p.m. Appeal No. 3488-
WILLIAM ~ KREITSEK .
Variance to the Zoning Or-
dinance, Article III, Section
· 100-32 (and/or Section 100-30A)
for permission to loc. age private,
fenced-in tennis court together
with 12' by 12' gazebo on stilts
on vacan[ premises adjacent to
residence of the applicant and
referred to as 9030 Soundview
Avenue, Soutl~old, NY; George
Penny IV Filed Subdivision
dated April I1, 1974; County
Tax Map Parcel No.
1000-59-07-27.2 and 27.1.
i:$d) p.m. Appeal No. 347~
HOLAS TSIRKAS for a
anee to the Zoning Or-
ncc, Article XI, Section
I19.2(A)[1] for permission'to
struct single-family dwelling
an insufficient setbaclq
edge of bank along th{
g Island Sound. Lo~. fion
petty: North Side of Sound/
ue, Greenport; NY; Eastecu~
res Subdivision Map 4586,
113, County Tax Map Par,
No. 1000-33-01-11.
8:50 p.m. Appeal No. 3469~-
WARREN AND MARY
BRADY for a Variance to the
Zoning. Ordinance, Article III,
Section 100-32 for permission to
locate accessory barn in the
fronward area, at premises refer-
red to as 3500 Private Road No
13, off the north side of Bergen
Avenue, Matittuck, NY; Court-
ty Tax Map Parcel No.
1000-105-01-5.
The Board of Appeals will
hear at said time and place all
persons desiring to be heard in
each of the above n{atters. Writ-
ten comments may also be sub-
mitred prior to the conclusion of
the hearing in question. For
more information, please call
765 -1809.
Dated: March 13, 1986.
BY ORDER OF THE
SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P. GOEHRINGER,
CHAIRMAN
1T-3/27/86(12)
TOWN OF $OUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
APPEAL NO. ~' +://
DATE .._~2./.~.../.~._ .........
I, (We)NT.CHQLAS...TSZRIg~,~ ............................. of 35.~.04.....20~th..,&tre,,e,t. ..............................
Name of Appellant Street and Number
......... [}.~l,'..s.!.d...e. ................................................................... N...:..Y..: .................... HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FORXI~d~'X~B~.~[,~D.I.~g...~.~J~.~%.. DATEDJ.~..Z...2~.~.r...~.~..~.~. ........................
WHEREBY THE BUILDING INSPECTOR DENIED TO
( )
( )
(x)
N I CHOLA$...T.S.I.R KAS ............................................
Name of Applicant for permit
of
..................................
Street and Number Municipality State
PERMIT TO USE
PERMIT FOR OCCUPANCY
PERMIT TO CONSTRUCT ONE FAMILY DWELLING
2700 Sound Ave., Green art "A"-Residential
1 LOCATION OF THE PROPERTY ..................................................... ~
Street ......... :'"': .............. *c: .............
Use D~stnct on Zomng Map
.... 45.8.6 ............................................ .................
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.)
ARTICLE XI, Section 100-119.2(A)[1]
3. TYPE OF APPEAL Appeal is made herewith for
(X) A VARIANCE to the Zoning Ordinance or Zoning Mop
( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws
Art. 16 Sec. 280A Subsection 3
( )
(X)
( )
4. PREVIOUS APPEAL A previous appeal (has) ~"~:~) been made with respect to this decision
of the Building Inspector or with respecf to this property.
Such appeal was ( ) request for a special permit
(×) request for o variance
and was made in Appeal No..J.3J~.6. .................... Dated ..~'LI..LZ..;~,9.~....~.~..I~.~. .....................................
REASON FOR APPEAL
A Variance to Section 280A Subsection 3
A Variance ro the Zoning Ordinance
is requested for the reasonthat
Appellant desires to construct a one-family dwelling on the subject
property, which will not be possible without a variance permitting a
reduction of the required set-back from the Long Island Sound bank.
ForTh ZB!
(Continue on other side)
REASON FOR APPEAL
Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practicaldifficultiesorunneces-
sam HARDSHIP becaum
Appellant purchased this property, in an approved and subsequently
excepted subdivision, 10 years ago. The provision of the zoning
ordinance being appealed became effective just under a year ago
(3-26-85). Strict application of this provision produces practical
difficulties in that it is impossible to locate a dwelling on the
property.. A 100 ft. setback from the edge of the Sound bank added to
a 35 ft. front yard setback totals 135 feet; the property, from Sound
Drive to the edge of the Sound bank is only 120 feet deep. It
produces unnecessary hardship in that, if strictly applied, the
ordinance would cause Appellant to lose his entire investment in this
valuable property.
2. The hardship createdis UNIQUE andisnotshored by all prope~ies alike in the immediate
vicinity ofthispr~e~y and inthis u~ district b~ause
Both the pr?perry and the hardship created are unique as this is the
sole remaining vacant soundfront lot in this section of Eastern
Sho~es.~'~'The existing homes along Sound Drive were all constructed
prior to 3-26-85 and did not have to comply with this 100 ft. setback
requirement.
3. The Variance would obse~e the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because
The proposed construction would comply with both current front and
sideyard setback requirements and would be setback farther from the
Sound bank than either of its immediate neighbors. It is believed
that in making its determination under Appeal No. 3386, the zoning
Board Was viewing the submitted survey incorrectly when finding "that
this proposed is not consistent with those ~enerall~ existin~ in the
neighborhood since the existin~ dwellings are set back substantiall~
farther from the bluff". Viewed correctly, the survey shows just the
opposite to be the case. It is believed that the U. S. Department of
Agriculture, Soil Conservation Department made a similar misjudgment
when stating, in their letter addressed to Suffolk County Soil & Water
Conservation District dated 9/30/85, that "It appears that the septic
system for the proposed homesite would be installed close to the bluff
edge." The survey clearly shows the proposed location of the septic
system to be in the frOnt yard at--he proposed construction
and Sound Drive.
STATE OF NEW YORK )
COUNTY OF SUFFOLK )
~ of Februar~ 1986
Sworn to this .......... · .~...~.. .................... day ......................................................
HOTRRY pUbLIC, State of New York
No. 52-4655242, Suffolk County
Commission Expires March 30, lg. ~"~
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter of the Petition of
NICHOLAS TSIRKAS
to the Board of Appeals of the Town of Southold
TO:
NOTICE
TO
ADJACENT
PROPERTY OWNER
YOU ARE HEREBY GIVEN NOTICE:
1. Th~q~t%e intention of the undersigned to petition the Board of Appeals of the Town of Southold
to request a~) (Special Exception) (Special Permit) (Other) [circle choice]
).
2. That the property which is the subject of the Petition is located adjacent to your property and is des-
cribed as follows: North side of Sound Avenue, Greenport, NY; Eastern Shores
Subdivision MaD %4586. Lot ~113; County Tax Map: Dist. 1000.
Section 33~ Block 01~ Lot 11.
3. Thattheproperty whichisthesubjectofsuchPetitionislocatedinthefollowingzoningdistrict:
~AN-Residential
4. ThatbysuchPetition, theundersigned willrequestthefollowingrelief:
locate proposed dwellinq with an insufficient setback
on Long Island Sound
permission to
~rom bank edge
$. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signedare Article XI Section 100-119.2 (A)[1]
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 may then and there
examine the same during regular office hours. (516) 765-1809.
7. That before the relief sought may be granted, a public hearing must be held on the matter by the
Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such
hea~ing in the Suffolk Times and in the Long Island Trave!er-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:
Nicholas Tsirkas
Petitioner by:Rudolph H. Bruer, Esq.
PostOffice Address
Main Road, P.O. Box 1466
Southold, N.Y. 11971
NAME
PROOF OF MAILING OF NOTICF
ATTACH CERTIFIED MAIL RECEIPTS
ADDRESS
Mr. Vaseles Loukatos
Mr. Richard Kopek
2600 Sound Drive
Box 115
Greenport, N.Y. 11944
P.O. Box 388
Greenport, N.Y. 11944
896L 'qed 'OOgC wJO:l Sd
STATE OF NEW YORK )
COUNTY OF SUFFOLK)
SS.:
Mary Diana Foster , residing at (No#) McCann Lane, Greenport, NY
, being duly sworn, deposes and says that on the ~'~0 C~day
of FebruaryI ,19 86 , deponent mailed a true copy of the Notice set forth on the re-
verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective
names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on
the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of-
fice at Southold, NY ; that said Notices were mailed to each of said persons by
(certified) (r~0eS) mail.
Sworn to before me this ~ 0 ~
day of February ,19 86
I~tary Public
]IISTRU'CT ]OHS:
~ (o) J[~ order fo answer the questions in this short EAF ~ ~s
ihaL ihe predator 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 investi§otions will be undertaken.
(b) If any question has been answered Yes the project may be
$ignlflcont and o completed Envlronmentol Assessment Form is necessary.
(c) I£ all questions have been answered No it is likely %hat %his
project is no[ signif'icont. ''
(d) E~viron~en~al Assessment · -
~'." Will project result in a large physical change . ''
to the project site ~r ph¥~icoll¥ alter more
than 10 acres o~-land? ........................ '¥e~ X No
~ 2. ¥/ill there be o major change to any unique or '
-unusual land form found on the si%e? .......... Yes X
3. ¥/ill project alter or hove o large' e~fect'on
exist/n9 body of water? ....................... ¥9~ X No
4. ¥/ill project have a potentially large impact , .
on groundwater quality? ........................ yesX'No
" ·.5. ¥/ill project significantly effect ~roin°~e ' " '-
fl dj t ii ? ..... ' '~ Ye X.' N
6. %'Iill projec% a£fect any threatened or
~ endangered plon~ or onlmal species? ........... Yes X' No
,' 7. Y/ill project rcsul% inia major a~verse
/ on air quality? ............................... Yes X No
/ 8. %'/ill project }]ave o major effect on visual
' character of the community or scenic views or
. Vistas known tobc lmporiont to the community? 'Yes, X'No
~. %'/ill projeci adversely impact any site or ..
structure of historic, prehistoric or
paleontological imporionce or any site "
designated o$ o critical cnv~o]mellol oreo
10. ¥/ill project havc o major effect on existih9
or future recreational opportunities?.~ ....... Yes X No
11. Will project result in.major ira~fic problems "'
o~ cau$.e o major affect ¢o ex./sting
transportation ~ystems? ....................... Yes X No
12. Will prbject ·regularly cause objectionable
.. odoz5, noise,' glare, vibrotlon, or e!ec'[ricaI . '.
disturbance as o result oF the project's
operaiion? '. -" ' Yes X No
13. %'Jill;project }]ave on), impact on public health
1~ or.safety? .................................... · Yes X No
· ' o 'oct o ecl e exlsiin9 community .
'. directly causing a growth in permanent
" population of moro than 5 percegt over o one
year period or hove o major negative effect
on the character of the community or .,.'
neighborhood? ................................. Yes X No
~s %here public conLroversy concerning the ''
~rojcct? Yes X No
QUESTIONNAIRE TO BE COMPLETED AND FILED WITH APPLICATION TO THE Z.BoA.
The New York State Tidal Wetlands and Use Regulations, 6 NYCRR, Part 661, requires
an application to the N.Y.S. Department of Environmental Conservation, Environmental
Analysis Unit, Building 40, S.U.N.Y., Stony Brook, NY 11794, (tel. 516-751-7900), if-
you have checked Box #1 and/or Box #6 below. Please either call their office or
personally visit them at their Stony Brook office for instructions and application
forms. Once you have received written notification of approva please provide our
office with a copy (with the conditions) as early as possible in order that we may
continue processing your Z.B.A. application.
[ ] I. Waterfront without bulkheading
[ ] 2.
[ ] 3.
Waterfront with bulkheading in good condition
[ ] the full length of the property
[ ] at least 100~ in length
Not located within 300~ of waterfront or wetlands area
May be located within 300~ of waterfront or wetlands area; however,
the following structure separates my property from this environmental
area:
[ ] 50~ existing road
[ ] existing structures
[~] bluff area more than 10' in elevation above mean
sea level
5. This proposed addition/expansion of an existing building will be more
than 75' frgm the landward edge of tidal wetlands/waterfront areas.
6. This proposed addition/expansion of an ex!sting building will NOT'be
more than 75~ from the landward edge of tidal wetlands/waterfront
area.
[ ] 7.
Please be aware that any and all subdivisions and new dwellings will also require an
application to the N.Y.S. Department of Environmental Conservation for their revleV/' *
and approval. If you are able to provide them with recent photographs of the
project and wetland areas, it would help expedite the processing of your applica-
tion.
This questionnaire is made to explain the requirements of this State Law and to
prevent any unnecessary delays in processing your application(s).
10/831k
May 22, 1986
Notice of disclaimer to anyone interested in this file:
Please be advised that Celic Realtors is currently holding
my Real Estate License. At the time of filing this application
and the period of time that it takes to hold a public hearing
and re,ch a decision, I have no interest in this application.
I further state, that I have -no- knowledge of an existing
active listing with the above Real Estate office.
This statement is signed with the complete understanding of the
information stated above .....
erard P. Gdehringer
TO WHOM IT MAY CONCERN:
I wish to disclose the following statement in the event the
property in question should be pending area) estate activity
with Celic Estate Agents, Inc., who holds my conditional
salesperson's license:
I have no interest whatsoever in the sale of this property
and am not a part of any other pending real estate activity
of a business or professional nature which might be a
conflict with my secretarial duties as Stenographer/Secretary
of the Board of Appeals of the Town of Southold.
Linda Kowal ski
5ECTICd~J I--OUr,2. - SUF~ CO, MAP kJ0.Z~566
/ MADE
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// I
,, L 0
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'--., "'""%-% .............. ~- ................ --' 4.4.05 55,97
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Test Role
Red sandy loan
Tellowtlb red fine sand
Yellovllh brown milt
Teet Hole #2
u t
.....- _ 22#
Dir~ brown loam
Red mmdy Xoan
3'
Yellowlnh red fine land
,5.5'
Reddteh ~rown mandy loam
YeXio~imh red fine land
YeXl~ieh b~o~n milt
strong brown fine mind