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HomeMy WebLinkAbout3385'72 A 1.5 ~ss.a~u Point Rd. 4.1 Cutchogue, AT~ John Mitsinikos ~33857/29/85 variance for ac y in front of house instead of allowed rear. Southold Town Board o£Appeals MAIN ROAD- STATE ROAD 25 SOUTHOI-D, /.I., N.Y. 11cJT1 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3385 Application Dated July 29, TO: Mr. John Mitsinikos 26 Combes Drive Manhasset, NY 11030 1985 [Appellant (s) ] At a Meeting of the Zoning Board of Appeals held on ~.e.ptember ]2, ]985, the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [×] Request for Variance to the Zoning Ordinance Article III , Section 100-32 and Art. XI, 100-119.l [ ] Request for Application of JOHN MITSINIKOS AND OTHERS, 72A Nassau Point Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-30 for permission to construct tennis court in frontyard area and fence in excess of four-feet in height as restricted by Article XI, Section 100-119.1. Location of Property: 7120 Nassau Point Road (a/k/a 150 Bridge Lane), Cutchogue, NY; County Tax Map District 1000, Section lll, Block 15, Lot 4.1 (4 & 5). WHEREAS, a public hearing was held and concluded on August 22, 1985, in the Matter of the Application of JOHN MITSINIKOS AND OTHERS, Appeal No. 3385; and WHEREAS, the board members have considered all documentation entered into the record in this matter; noted that there has been no public opposition; and testimony and and it is WHEREAS, the board members are personally familiar with the premises in question and the surrounding properties; and WHEREAS, the board made the following findings of fact: 1. By this application, appellant requests permission to locate a 120' by 60' tennis court with 12'-high fencing in the frontyard area of the premises in question, approximately 44 feet from the easterly property line along Nassau Point Road, and approximately 120 feet f~om the southerly property line along Bridge Lane, Cutchogue, NY; County Tax Map District 1000, Section 111, Block 15, Lot 4.1 (4 & 5). The fencing is proposed to be only around the perimeter of the tennis court structure. 2. The premises in question contains a total lot area of 1.14 acres and is improved with a single-family, two-story frame house situate 160 feet from Bridge Lane and 100 feet off Nassau Point Road at the northwest corner, 20± feet from the northerly property line. (CONTINUED ON PAGE TWO) DATED: September 16, Form ZB4 (rev. 12/81) 1985. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS 3. Upon investigation and in light of the circumstances of this property, its present building, and its single-family use, the board finds the area chosen to be the most feasible, parti- cularly since the rearyard area is very limited (even for a small accessory building). In considering this appeal, the board finds and determines that: (1) the relief requested will not be detrimental to adjoining properties; (2) there will be no substantial change in the character of this district; (3) the relief requested will not cause a substantial effect of any increased population density; (4) the circumstances of this appeal are unique; (5) the difficulty cannot be obviated by some method feasible for appellant to pursue other than a variance; (6) the interests of justice will be served by granting the variance applied as noted below. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Sawicki, it was RESOLVED, to GRANT the relief requested under Appeal No. 3385 in the Matter of the application of JOHN MITSINIKOS for a 120' by 60' tennis court with 12' fencing around the perimeter thereof, SUBJECT TO THE FOLLOWING CONDITIONS: 1. Fence not to exceed 12' from plane surface;(in height); 2. There shall be no obstrusive lighting; 3. The placement of the subject tennis court and shall be no closer than 44 feet to Nassau Point Road and tha 120' to Bridge Lane, as requested in the application; fencing no closer 4. There shall be screening (evergreens) or similar hedge- type shrubbery along the fence area off Nassau Point Road; 5. This variance is only for the tennis court and fencing and does not recognize approval of any other structure(s) in the frontyard area at this time. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was unanimously adopted by all the members. LK September 16, 1985/ RECEIVED AND FILED BY THE SOUTHOLD TOW]~ CLE,~IK Town Clerk, Town of Southold I~AIN RI:3AD- E]TATE Er'lAD 25 BI-IUTHI"ILD, L,I., N.Y. ll¢J?i APPEALS BOARD MEMBERS TELEPHONE (516) 765-18~ GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN. JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI 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, at a Regular Meeting commencing at 7:30 p.m. on THURSDAY, AUGUST 22, 1985, and as follows: 7:30 p.m. HOWARD HOEY - Variance to the Zoning Ordinance, Article III, Section lO0-31, Bulk Schedule, for approval of a parcel having insufficien~ area and lot width in this'proposed set-off division of land located at the South Side of Main Road, Orient, NY; County Tax Map D&strict 1000, Section 19, BLock O1, Lot 14 (14.1). 7:35 p.m. ESTATE OF LELAND B. FRASER Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permis- sion to convey 6,196± sq. ft. of land to Subdivision Lot #725 and 9,300± sq. ft. of land to Subdivision Lot #128, Which will reduce' the remaining parcel (consisting partl:y of Lots #126 and #127) to an area of 49,716~ .sq. ft. in area and lot width of 161.57z feet. Location of Properties: West Side of Nassau Point Road, Cutchogue, NY; Nassau Point Subdivision Map #156, Lots 126, 127, 125, 128; County Tax Map District 1000, Section 118, Block 03, Lot 3,(and. Lots 2 and 4). 7:40 p.m. GEORGE AND ALICE GLOGG - Variance to the Zoning Ordinance, Article III, Section lO0-30(A), and Article XI, Section ~a~61~]:2_~ Legal Notice of Hearings So._u'~h~ld To_wn__ Board of Appeals ~R~eg~-r~eet'ing of~ugust 222~1-985 lO0-118(E) for permission to construct addition, of the fair value of the existing nonconforming of Property: 11255 Sound Avenue, Mattituck,. NY; -'~-District 1000, Section 141, Block 03, Lot 6.3. which exceeds 50% building. Location County Tax Map ].]~"..~?~?:45 p..m. DOHN MITSINIKOS AND'OTHERS, 72A Nassau Point Road, Cutchogue, NY for a V~r~ance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct tennis court in f~ont- y~rd:area-~and fence in excess-of-'fourSfeet in height-as restricted by Article XI, Section lO0-119..1.-- Location of Property: 7120 Nassau Point Road (a/k/a 150 Bridge Lane), Cutchogug, 'NY; County Tax Map District 1000, Section lll, Block 15, Lot 4.1- (4 & 5). 7:50 p.m. NICHOLAS TSIRKAS, 3504 208th Street, Bayside, NY 11361~ fo~-a Variance to the Zoning Ordinance, Article XI, Section lO0-119.2(A)[1] for permission to locate proposed dwelling with an insufficient, setback from edge of the bank along the'Long Island Sound. Location of Property: North Side of Sound Avenue, Greenport, NY; Eastern. Shores Subdivision Map 4586, Lot ll3; County Tax Map District 1000, Section 33, Block 01, Lot ll. ~ 7:55 p.m. PAMELA JJ SELLARS Variance to the Zoning Ordinance, Article III, Section lO0-31, Bulk Schedule, for permission to construct attached garage addition with an insufficient easterly ~sid~yard setback and insufficient total sideyard. Location of-Property': South Side of Westview Drive, Mattltuck, NY; County-Tax Map District 1000, Section 139, BLock O1, Lot 23. The Board of Appeals will hear at said time and place all persons desiring to be heard in each of the above matters. Written commenss may also be submitted prior to the conclusion of the hearing in question. For further information, please call 765-1809 (or 1802). Dated: August 8, 1985. BY ORDER OF THE SOUTHDLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD. N,Y. NOTICE OF DISAPPROVAL File No ................................ .v.~. ~...~, ~ .~... ,~..,. :,.e~.., .~K.. ....... · ~~~..~..~:... ~ .~ h~.~.,. PLEASE TAKE NOT[CE that your application dated ~....~ ~.~ ........ 19. ~. Location of Property h~/~fi~ .... ~~, ~.~.~... County T~ Map No. ~000 Sect~on .... ~ ~ [ ....... Block ... [.~.~ ..... Lot . . ~: { ........ Subdivision ................. F~Ied Mdp No ................. Lot No .................. is returned herewith and disapproved on the following grounds . .L~.. ~,.J~?...c,fic~...~/,,_7...~¢~., ~.. z ~:.~ ~., .~.~ ~~. ~. ~.~ ~..~..¢. ~,~ ~ ....... Building Inspector TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL N% ~f~z~' TO THE ZONING BOARD OF: APPEALS, TOWN OF SOUTHOLD, N. Y. l, ...... ....... Name of Appella,nt Street and Number a.__..q...f. .... ...................................................................................................... HEREBY APPEAL TO Municipality StYe THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON S APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit Street and Number Municipali~ State PERMIT TO USE PERMIT FOR OCCUPANCY l. LOCATION OF THE PROPERTY ....~....%......~....,...~..~.~..X...~...~.....~.~..~ ....... ~.,~. .......... ,.Q....,,%.,~..c...~,~.~.. ~ C~ Street '~ Use District on Zoning Map ..... L.!..!....z .......... L...~-.. .............. .~.......,r~....h..~ .............. Ow"ers: -- /v~op No. Lot No. Date Purchased-~~.,, 2. F:ROVISION (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.) 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 previous appeal (~i~(has not) been made'~vith respect to this decision of the Building Inspector or with respect to this property. Such appeai was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection ~ A Variance to the Zoning Ordinance ( ) is requested for the reason that ~"¢~ ? (Continue on other side) REASON FOR APP~ Continued sar,, HARDSHIP because STRICT APPLICATION OF THE ORDINANCE would produce practical difficuJties or unneces- 2. The hardshi~ created is UNIQUE and is not shared by all properties elJke in the immediate vicmn-y of this property and in this use district because CHARACTER OF THE DISTRICT because The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE STAq-E OF NEW YORK ) ) ss COUNTY OF Swot: to this ...~....~.../.~ aay of .... ~ ........................................ ............................... , - Notary Public TOWN '--~OWNER ----~ STREE'r FORMER OWNER N IMP. VL TOTAL O~: $OUTHO~.D PROPERTY "~;,~.]~ CArD~ ~ ~ COMM. CB. LAND gO0 VILLAGE ...... DATE REMARKS ~J SUB. LOT ~ ~--~' ' TYPE OF BUILDING Tillable Woodland ~/.M_.ICS~. Mkt. Valu~ FRONTAGE ON WATER FRONTAGE ON ROAD Meodowlond DEPTH ,~ w . Ho~e Plot I BULKHEAD Total 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: Rr'IAD 25 SnUTHI3LD, L.I., N.Y. 'l~lC:J'T1 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 Southotd, 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 Town of Southold Board of Appeals COUNTY OF SUFFOLK Department of Planning 360-5206 Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk Coumty Charter, the following application(s) which have been referred to the Suffolk County Planning Co~tssion are considered to be a matter for local determina- tion. A decisinn of local determination should not be construed as either an approval or a disapproval. Applicant(s) Menicipal File Number(s) John Mitsinikos 3385 Very truly yours, Lee E. Koppelmen Director of Planning em r]/~' O. Newman-- Chief Planner Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11¢J71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI October 4, 1985 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: XX Variance~from the Zoning Code, ArticleIII , Section 100-32 Variance from Determination of Southold Town XI, Building Inspector __ Special Exception, Articl~ , Section ! ~ Special Permit and Art. 100-119.1 Appeal No.: 3385 Applicant: John Mi%si~ikos Location of Affected Land: 7120 Nassau Point Rd. Cutehogue, NY County Tax Map Item No.: 1000- 111~15-4.1 (4&5) Within 500 feet of: Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway I 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 Existing or Proposed Right-of-Way of Any, Stream or Drainage Channel Owned by the County or for Which The County Has Estab- lished Channel Lines, , or Within One Mile of a Nuclear Power Plant within One Mile of An Airport. COMMENTS: Applicant is requesting permission to gonstruet t~nn~ ~o~rt in front yard area ~nd excess of fo~r ~ h~g%~ Copies of Town file and related documents enclosed herewith for your review. -.-,.---'--- Dated: IQ/~.[g~'' Secretary, Board of Appeals Southold Town Board of Appeals MAIN ROAD- 5'TATE ROAD 25 5OUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS ROARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI September 18, 1985 Mr, John Mitsinikos 26 Combes Drive Manhasset, NY ll030 Re: Appeal No. 3385 (Variance) Dear Sir or Madam: Attached herewith is a copy of the formal findings and deter- mination recently rendered 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 approval of any new construc- tion in writing, or for other documents as may ~? applicable. If you have any questions, please do not hesitate to call either our office (765-1809) or that of the building inspector (765-1802. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN Enclosure By Linda F. Copy of Decision to Secretary Building Department Suffolk County'Planning Commission Kowalski r_fO .-/ SCALE:50'~i...' · ,-. Southold Town Board of Appeals IMAIN ROAD- STATE ROAD 25 BOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS August 22, 1985 GERARD P. GOEHRINGER, CHAIRMAN S . E . Q . R . A . CHARLES GRIGONIS, JR. SERGE DOYEN, JR. NEGATIVE ENVIRONMENTAL DECLARATION ROBERT J. DOUGLASS JOSEPH H. SAW~CKI Notice of Determination of N~_-_Si~nifJcancc~ AP?EAL NO.: 3385 ?I~©JECT NAME: John Mitsinikos This notice is issued pursuant Lo Part 617 of the implementing regulations pertaining to Article 8 o~ Lhe N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local t,aw ~44-4 of the Town of Southold. This board determines the w~thin project not to have a signifi- cant: adverse effect on the environment fo~ tho"r¢-~'asons i~dicated bo 1 ow. 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 tho same ~r similar project. TYPE OF ACTION: [ ] Type II ~X] Unlisted [ ] DESCRIPTION OF ACTION: permission to erect a tennis court in the front yard. LOCATION OF PROJECT: ' ' ' ~ ' -' ~.' 2own of Sou~.hoid, Countv~f ouffolk, more ]>art~.cularly known as; 72A Nassau Point Rd. Cutc~ogue, NY REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has beer, 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 property in question is not located within 300 feet of tidal wetlands or other critical environmental area. FOR FURTI1ER INFORMATION, PLEASE CON'£ACT: Linda Kowalski, Secretary, Southold Town Board of Appeals, Town Hall, Southold, NY !]971; t~l. 516- 765-1809 or 1802. Copies of this notice sent to the applic~nL ox tiis agent and posted the Town Clerk Bulletin Board. Legal Notices LEGAL NOTICE NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southald, the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Seuthold Town Hall, Main Read, Seuthald, NY, at a Regular Meet- lng commenciflg at 7:30 p.m. on THURSDAY, AUGUST 22, 19~5, and as follows: 7:30 p.m. HOWARD HOEY -- Variance to the Zoning Ordi- nance, Article HI, Section 100- 31, Bulk Schedule, for approval of a parcel having insufficient area and lot width in this prop- o~ed division of land located at the South Side of Main Read, Orient, NY; County Tax Map District 1000, Section 19, Block 01, Lot 1~1 (14.1). 7:35 p.m. ESTATE OF LE- LAND B. FRASER -- Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permission to con- vey 6,196 + sq. ft. of land to Sub- division Lot #125 and 9,300-+ sq. ft. of land to Subdivision Lot #128, which will reduce the re- maining parcel (consisting partly of Lots #126 and #127) to an area of 49,176_+ sq. ft. in area and lot width of 161.57 -+ feet. Lo- cation of Properties: West Side of Nassau Point Road, Cutchogue, NY; Nassau Point Subdivision Map #156, Lots 126, 127, 125, 128; County Tax Map District 1000, Section 118, Block 03, Lot 3, (and Lots 2 and 4). 7:40 p.m. GEORGE AND ALICE GLOGG -- Variance to the Zoning Ordinance, Article III, Section 100-30(A), and Arti- cle X[, Section 100-118(E) for permission to construct addition, which exceeds 50% of the fair value of the existing noncon- forming building. Location of Property: 11255 Sound Avenue, Mattituck, NY; County Tax Map District 1000, Section 141, Block 03, Lot 6.3. r07:45 p.m. JOHN MIT- NIKOS AND OTHERS, 72A u Point Road, Cutchogue, for a Variance to the Zoning inance, Article III, Section -32 for permission to con- uct tennis court in frontyard ~area and fence in excess of four- feet in height as restricted by Ar- ticle XI, Soction 100-119.1. Loca. tion of Property: 7120 Nassau Point Road (a/k/a 150 Bridge Lane), Cutehogue, NY; County ~ Tax Map District 1000, Section ~11, Block 15, Lot 4.1 (4 & 5). ~7:50 p.m. NICHOLAS TSIR- KAS, 3504 208th Street, Bayside, NY 11361, for a Vari- ance to the Zoning Ordinance, Article XI, Section 100- 119.2(A)[1] for permission to lo- cato proposed dwelling with an insufficient setback from edge of the 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 District 1000, Section 33, Block 01, LOt 11. 7:55 p.m. PAMELA J. SEL- LA]RS - Variance to the Zoning Ordinance, Article IH, Section 100-31, Bulk Schedule, for per- mission to construct attached garage addition with an insuffi- cient easterly sideyard setback and insufficient total sideyard. 1000, Section 139, Block 01, Lot 23. The Board of Appeals will hear at said time and place all persons desiring 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 further information, please call 765- 1809 (or 1802). Dated: August 8, 1985. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN 1TA15-4988 week for one ~ncing on the 15 19 85 rincipal Clerk Location of Property: South Side _ 5 of Westview Drive, Mattituck, -- ANN M ABA'~E NY; County Tax Map District ~T/~P~ ~[];~LIC. State of N~w York . ,, , E.,)',e:- ~,a~ch 30, 19~ ] ; NOTICE NOTICE IS HEREBY GI3/- EN, pursuant to Section 267 of the Town Law and the Code of the Town bf Seuthold, the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, Main Road, Sonthold, NY, at a Regular Meeting commencing at 7:30 p.m. on THURSDAY, AUGUST 22, 1985, and as follows: 7:30 p.m. HOWARD HOEY- Variance to the Zoning Ordin- ance, Article HI, Section 100- 31, Bulk Schedule, for approv- al of a parcel having insuffi- cient area and lot width in this proposed set-off division of land located at the South Side of Main Road, Orient, NY; County Tax Map District 1000, Section 19, Block 01, Lot 14 (14.1). 7:35 p.m. ESTATE OF LE- LAND B. FRASER- Variance to the Zoning Ordinance, Ar- ticle Ill, Section 100-31, Bulk Schedule, for permission to convey 6,196i sq. ft. of land to Subdivision Lot #125 and 9,300i sq. ft. of land to Sub- division Lot #128. which will reduce the remaining parcel (consisting partly of Lots #126 and #127) to an area ~f'49,716~ sq. ft. in area and lof width of 161.57~ feet. Location of Pro- perties: West Side of Nassau Point Road, Cutchogue, NY; Nassau Point Subdivision Map #156, Lots 126, 127, 125, 128; County Tax Map District 1000, Section 118, Block 03, Lot 3, (and Lots 2 and 4). 7:45 p.m. GEORGE AND ALICE GLOGG- Variance to the Zoning Ordinance, Article III, Section 100-30(A), and Ar- tide XI, Section 100-118(E)for permission to construct addi- tion, which exceeds 50% of the fair value of the existing non- conforming building. Location of Property: 11255 Sound Av- enue, Mattituck, NY; County Tax Map District 1000, Section 141, Block 03, Lot 6.3. ~iK~:45 p.m. JOHN MITSIN- OS AND OTHERS, 72A qassau Point Road, Cut- .hogue, NY for a Variance to he Zoning Ordinance, Article III, Section 100-30 for permis- sion to construct tennis court n front-yard area and fence in xcess of four-feet in height as .~stricted by Article XI, Sec- oad (a/k/a 150 Bridge Lane), ~utchogue, NY; County Tax dap District 1000, Section Al, Block 15, Lot 4.1 (4 & 5). 7:50 p.m. NICHOLAS TS1R- KAS, 3-504 2081h Street, Bay- side, NY 11361, for a Variance to the Zoning Ordinance, Ar- tide Xl, Section 100-119.2(A) [11 for permission to locate proposed dwelling with an in- sui~cient setback from edge of the 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 District 1000, Section 33, Block 01, Lot 11. 7:55 p.m. PAMELA J. SEL- I~.RS- Variance to the Zoning Ordinance, Article Ill, Section 100-31, Bulk Schedule COUNTY OF SUFFOLK STATE OF NEW YORK Patficia 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~. ~.~' ........ day 9as'c:...-7-~..~..~..~e. ....... , 19 .. ~.. .~- Sworn to before me this ........ ./~...c. ~? ....... day of ....... .... ,ebb- Notary Public BARBARA FORBES Notary Public, State of New York No. 4806846 Qualified in Suffolk County . Cmnndss~on Expires March 30, 19ce~:' Page 3 Legal Notice (continued) Southold Town Board of Appeals Regular Meeting of August 22, 1985 Copies of the notice of hearings mailed to the following 8/13/85: Mr. Nicholas Tsirkas, 35004 208th St, Bayside, NY 11361 Samuel J. GLickman, Esq., 114 Main Street, Greenport, NY 11944 Mr. Charles E. Fraser, 7325 Nassau Point Road, Cutchogue, NY 11935 Mr. and Mrs. George Glogg, 700 Wavecrest Lane, Matti~uck, NV 11952 Mr. John Mitzinikos, 72A Nassau Point Road, Cutchogue, NY 11935 Mrs. Pamela J. Sellars, 435 Westview Drive, Mattituck, NY 11952 Posted on Town Clerk Bulletin Board 8/13/85 Posted on ZBA Office Board 8/13/85 Copies to ZBA members 8/13/85 Copy to V. Lessard, Building Dept. 8/13/85 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.I., N.Y, 11971 TELEPHONE (516) 765-1809 August 2, 1985 Mr. John Mitsinikos 72A Nassau Point Road Cutchogue, New York 11935 Re: Appeal No. 3385 Dear Mr. Mitsinikos: This letter will acknowledge receipt of your recent applica- tion. The Members of the Board of Appeals will be conducting field inspections and environmental reviews as may be requir~d by State and Local Laws prior to their scheduling your application for public hearing. Although the earliest available date for public hearing at ti~is time is on or about August 22 , written confirmation will be sent to you within the next couple of w~eks. A copy of the legal notice of hearings will be sent to y6u prior to publication in the Suffolk Times and L.I. Traveler-Watchman by our office. Please feel free to call if you have any question's. Yours very truly, GERARD P. GOEHRINGER I RMAN y arbara Ru d de'~> JUDITII T TERRY TOWN CLHRK REGISIRAROI VITAl SIX lISIICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 29, 1985 Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 To: Southold Town Zoning Board of Appeals Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning ADDeal NO. 3385 application of John ~for a variance. Also included is Notice to Adjacent Property Owners; short Environmental Assessment Form; Notice of Disapproval from the Builidng Department; copy of the Certificate of Occupancy from the Building Department; letter relative to N.Y.S. Tidal Wetlands Land-Use; plot plan; and survey. ~/~Judith T. Terry Southold Town Cler~ TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE '~' :'~'":"; '~' ' "'-~*" ~:' '~' :"~ TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We)..3.~.J~.~....~..~.~.(f~.~.~ ....... ~.~.~...of ...q..~..~....~.~.~......~..[....~.~ ................ Name of Appella.nt Street and Number ..... ............................................................ ............ HE E Y TO Municipality Stdte THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit ................................................................................................Street and Number Municipality ~[~ ...................... ~ ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ...~...'~.../~ ...... ~J....~...5...~....~...¢:t ....... .~...C..~..~ ......... .~...u.....~..C.:..~...O..~..t~. ~ Street Use District on Zoning Map .... ~ /.../... ..:... .. (...~.~ ........................ ...LJ:...:../. ................. Owners: Mop No. Lot No. Date Purchased: 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.) 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 Chop. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (,J~(has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... ( ) is requested for the reason that REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance (Continue on other side) Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because '-~ /,~..b-~ ,~ (~--o~)t~ ~ 7-~ 2. The hardship created is UNIQUE and is not shared by oil properties alike in the immediate vicinity of this property and in this use district because 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because STATE OF NEW YORK ) ) ss COUNTY OF ) Sworn to this ............... .~...c~...~ .............. day of .........~L.~'.~ .................................19 .......................... ...... Notary Public ......... ~'"' Signature ............................. HELE!'J K DE VOE NOT,~RY PU C. Stale of New ¥or~ Na 4?07878, Suffolk Count~ BOARD OF ~PEALS, TOWN OF SOUTHOLD In the Matter oT the Petition of to the Board of Appeals of the Town of Southold TO: NOTICE TO ADJACENT YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (Special Exception) (Special Permit) (Other) [circle choice] VA f< /,f /v¢ , 2. That the property which is the subiect of the Petition is located adjacent to your property and is des- cribed as follows: ,/ 3. That the property which is the subject of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: 5. That the provisions of the $outhold Town Zoning Code applicable to the relief sought by the under- signed are A:t.±¢le ~--L.__ F~:~c:ti°P- /~¢- 3 ~ . . [ ] Section gS0~A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: Petition~.. Owners ' Names: ./oHAz ~,/iT~/ff,'/~ ~' Post Office Address NAME PROOF OF MAIklNG OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS RECEIPT FOR CERTIF (See F~everse) TOTAL pos age and STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: · ~' , being duly sworn, deposes and says that on t~e ~ day df ~'~ .,~).,c.~ ~. ,19 ~ ,~'- , deponent mailed a true copy of the Notice set forth on tl~e re- verse si~ hereot~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 ~~..7/ /L~ 7 //a ~ ~ ;that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to before me this day of \ ,1 Residing in Nassau Cour ~'~,rm~bsion Ex,ires March (This side does not have to be completed on form transmitted to adjoining property owners.) · ' INSTRUCTIONS Zonin9 Board of Appeals Special Exception and Variance Forms Please submit the following at the time of filing your appl'ication: 1. Notice of Disapproval from the Building Inspector. 2. Application in triplicate (typed or neatly printed) and include at least the following information: Permission or relief requested. Indicate the hardship of difficulties ~mposed upon if variance is not carried out. {c) Location of Property: Street and Hamlet, Name of Subdivision in which located, if any, and County Tax Map ID No. (from disapproval). (d) Indicate zoning district (from disapproval): A-Residential, B-l, etc. (e) Include current property owners names and addresses if they are not the applicants together with written authorization if you are an agent or an interested party. If applicant is a corporation, furnish disclosure statement. (f) Give Article # and Section # of code you are applying under [see disapproval from building inspector]. (g) SPECIAL EXCEPTION FORMS: Be sure to includ~ location and property identification and uses requested. Six site plans must be furnished. (h) FOR SIGN PERMITS: Be sure to give general "wording" of sign, size, location and written consent of the property owner for placement thereof 3. "Notice to Adjoining Property Owners" Form: (a) Confirm current adjoining owners' mailing address with Assessors as shown on tax rolls [including abutting private roadways]. (~)Send one copy of "notice form" to each adjoining landowner by certified mail (return receipt suggested). /~c)2 One "notice form" to be completed, signed and notarized, with postmarked certified receipts attached to reverse. (Form to be filled out exactly as those sent to adjoining landowners.) 4. Short Environmental Assessment form completed and signed. (If "yes" box is checked, additional forms will be necessary.) 5. "Wetland letter" indicating whether or not your property is within 300 feet of tidal wetlands requiring DEC and County Health reviews, and a) If a division of land with lot containing less than 40,000 sq. ft., and not on a previously town or county approved subdivision, application to be made simultaneously with County Health Department for Article VI review and approvals additionally. b) If a division of land containing a lot With at least 40,000 sq. ft. and on a previously town or county approved subdivision, please furnish copy of Health Department and town approvals. c) All division of land within 300 feet of waterway or wetlands will require review by N.Y.S. Dept. of Environmental Conservation and application to be made simultaneously. For info, 751-1389 or 7900. 6. After simultaneous application to the Planning Board (if division of land or site plan approval is necessary), furnish copy of its comments or recommendations. If none available, please furnish as early as.possible. QA copy of Certificate of Occupancy for existing land uses and structures (may be obtained from building inspector) to be furnished as early as possible. 8. One copy of building plans if project is for accessory structure(s) or Oprincipal structure with storage. One copy of deed for access road variances. Four copies of survey certified by licensed surveyor showing all existing and proposed structures and uses. (if site plan is available, furnish six copies, additionally.) (If buildings appear to covqr land by 20% or more, please furnish square footage of all structures.)'~l~ $75.00 filing fee (payable to Southold Town Clerk). Ple-ase ask ZBA secre- tary to initial your papers prior to filing same with Town Clerk. Written notification will be forwarded to you prior to our advertising same in the Suffolk Times and L.I. Traveler-Watchman for a public hearing. Someone should appear in your behalf at the Town Hall, Main Road, Southold, NY at the time of the hearing in the event there are questions. For information, please call (516) 765-1809 [alt. 1802 building inspector's office]. Rev. 12/81, 5/85. lk 'Fhe N.Y.S, [nviron~tal Quality Review Act rg~ires sub- missionof this form,~d an environmental reviel~ill be made by this board before any action is taken. SUORT ENVI!!ON~ENTAL ASS~,~,.,ME.h.--FCR'M ~NSTP~TZ6tS~ (a} In order to answer the questions in this short gAF is is assumed that the preparer will use curr{~ntly available lnfo~tion concern~n~ the project and th~ ]~.ely impacts of the action. It ia not expected that additional ntudie~ research or ether investigations will be undertaken, (b) If any Question has been answered Yes the project may be significant and a completed Environmental Assessment Fo~m is necessary. (c) If all questions hmve been answered No 1% Is likely t~t this projmct Is nc% s:gnificant. (d) F~vironmentaI Assessment 1. Will project result in a large physical change to the project site or physically alter mor~ t~mn 10 acre~ of land? · , · , , · · 6. 7. 8. 10. 11. 12· 1). 15. PREPAiqER' 3 SIGNATL"RE: ~P~ ESENTL'~G: Will there be a major change to any unique or unusual lan~ form found on the site? Will project alter or have a large effect on an existing body of water? · · · , , Will project have a potentially large impac~ on gro,~n, dwater quality? , , , , e · · Will proJec~ significantly effect drainage flow Will project affect any threatened or endangered plant or an i~ral species? · , , · , · Will project result in a major adverse effect on Will project have a major effect on visual char- acter of the co~unity or scenic views or vistas known to be important to the community? Will project adversely impact any site or struct- ure of his%uric, pre-historic, or paleontological importance or any site designated aea critical environmental area by a local agency? · · · Will project have a major effect on existing or Will project result in major traffic problems or cause a major effect to existing transportation Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? Will project have any impact on public health or safety? Will project Affect %he existing community by directly cau~in~ a ~rowth in permanent popula- tion of more t~an 5 percent over a omc-year pe~lod o__r have a major negative ef£ec~ on character of %he com.munity or neighborhood?, Is %here public controversy concerning the project? Yes lJ No Yes ...... Yes ~ No Yes \/ No Yes k/ No Yes Y,e --~L No Yes ~/ No Ye~ \/ / Yes Yes FOI~ NO.' 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Clerk's O/~ice Southold, N. Y. Certi[icate O[ Occupancy THIS CERTIFIES that the building located at Nassau Pt Road & Bridg~trLeaet Map No. Nassau .Pt. Block No ........... I~ot:No. ~29 ..... .C.u.t.c..h.ogu. e. .... N; .~.. ...... conforms substantially tother ~r ~e ~s o .on ~a~ I d ell. .& H.ous.n&code .................. . certificate of occuoancy b~la~el~ before .A~r . .2.3., 19.~.7.. pursuant to which I~~o' dated . Dec J.7. .... , 19.7.~., was issued, and conforms to all of the require- .ments of the applicable provisions of the law. The occupancy for which this certificate is issued is Private one family dwelling The certificate is issued to Arthur Klaffky (Owner of rec.qrd~. (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval ~re- existing UNDERWRITERS CERTIFICATE No. P. re-.exlstln.g ............................. HOUSE NUMBER t.o. he.. ~.s.% g2~reet ..... .N.~ ~.u...P.t..R.d.. ~..B.r..i.clge...L.a.n.e. ..... Building Inspec~r QUEST!ONNAIRE TO BE COMPLETED AND FILED WITH APPLICATION TO THE Z.B.A. 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 q0, $.U.N.Y., Stony Brook° NY 11794, Itel. 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 5tony 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 ] I. [ ] 2. N 3. [ ] q. [ ] 5. [ ] 6. [ ] 7. Waterfront without bulkheading Waterfront with bulkheading in good condition [ ] the full length of the property [ ] at least 100' in length Not located within 300' of waterfror,t or wetlands area May be located within 300' of waterfront or wetlands area; however, the following structure separates my property from this environr, mntal area: [ ] 50' existing road [ ] existing structures [ ] bluff area more than 10' in elevation above mean sea level This proposed addition/expansion of an existing building will be more than 75' from the landward edge of tidal wetlands/waterfront areas, This proposed addition/expansion of an existing building will NOT be more than 75' from the landward edge of tidal wetlands/waterfro~t area. 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 review 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 5tare Law and to prewnt any unnecessary delays in processing your application(s). 10/831k