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Home My WebLink About3297Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11c~?1 TELEPHONE (516) 765,1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3297 Application Dated TO: Mr. and Mrs. 222-08 43rd Bayside, NY October 5, 1984 Pete Markopoulos Avenue 11361 [Appellant (s) ] At a Meeting of the above on your the Zoning Board of Appeals held on December ]3, ]984, appeal was considered, and the action indicated below was taken [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section IX] Request for Variance to the Zoning Ordinance Article III, Section ]00-3] [ ] Request for Upon application of DESPINA AND PETE MARKOPOULOS, 222-08 43d Avenue, Bayside, NY 11361, for a Variance to t--h-%- Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permission to locate new dwelling with insufficient sideyard setbacks at premises, Sound Beach Drive, Mattituck, NY; Cpt. Kidd Estates Map 1672, Lotl6 ; County Tax Map Parcel No. 1000-99-01-24. The board made the following findings and determination: This is an appeal from Article III, Section lO0-31, Bulk Schedule of the Zoning Ordinance which requires a minimum of 10 and 15-foot setbacks, for a minimum of 25-foot total sideyards for new one-family dwellings in the A-Residential and Agricultural Zoning District. It is applicants' request to construct a new one-family dwelling of a size 28' wide by 42' deep, leaving a 12' setback fnom the westerly side line and 10' setback from the easterly side line, for a total of 22 feet for both sideyards. The premises in question fronts along Sound Beach Drive 50 feet in length and has a depth of 150 feet. This parcel is known and identified as Lot 16 of Captain Kidd Estates Subdivision established January 19, 1949. It is the opinion of the board in considering this appeal that: (1) the relief requested is not substantial in relation to the zoning requirements, being 11% of a variance; (2) that this request is not unreasonable under the circumstances; (3) the circumstances are unique particularly in light of the dimensions of this parcel; (4) the variance willnot adversely affect adjoining properties since the request is minimal; (5) the variance will be in harmony with and promote the general purposes of zoning; (6) and in light of the fact that no one appeared testifying that it was important for the health, safety and welfare of this area that the relief be denied, it is determined to be within the best interests of justice to allow the variance, as indicated below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Douglass, it was DATED: Form ZB4 December 14, (rev. 12/81) 1984. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 Appeal No. 3297 Matter of PETE AND DESPINA MARKOPOULOS Decision Rende'red December 13, 1984 RESOLVED, that the relief requested under Appeal No. 3297 concerning premises known as Lot 16, Map of Captain Kidd Estates, County Tax Map Parcel No. 1000-99-01-24, for PETE AND DESPINA MARKOPOULOS, for.ipermission to construct one:.fgmily dwelling with insufficient sideyards of i0 feet and 12 feet, BE AND HEREBY IS APPROVED, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the sideyards not be reduced to less than l0 feet on the easterly side and 12 feet on the westerly side; 2. That the stairwell not be wider than three feet into the sideyard area. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was adopted by unanimous vote of all the members. lk NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, the following public hearings will be held by the Southold Town Board of Appeals at the Town Hall, Main Road, Southold, NY at a Regular Meeting on THURSDAY, DECEMBER 13, 1984, commencing at 7:30 p.m. and as follows: 7:30 p.m. Application of K & L PROPERTIES, 6/o R..H. ~Bruer,.~Esq., Main Road~ Southold, NY for a Variance for approval of access, New'~ York Town Law, Section 280-A over a private right-of-way located at the east side of Indian Neck Lane, ?econic, NY, to premises known as County Tax Map Parcel ~o. 1000-86-05-11. 7:35 p.m. Application of JOSEPH AND David Kapell, 400 Front Street, Greenport, the Zoning Ordinance, Article to loc6te accessory garage Sound Drive, Greenport, NY; ARLENE LESTINGI, c~o NY for a Variance to III, Section 100-32 for permission in the frontyard area at premises, llSO County Tax Map Parcel No. 1000-33-04-001. J 7:40 p.m. Application of DESPINA AND PETE MARKOPOULOS, 222-08 ~ 43d Avenue, Bayside, NY 11361, for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permission to locate new dwelling with insufficient sideyard setbacks at premises, Sound Beach Dr.ive, Mattituck, NY; Cpt. Kidd Ests. Map 1672, Lot 31; County Tax Map Parcel No. 1000-§9~01-24. 7:50 p.m. Application of JOHN BERTANI, Colonial Road, Southold, NY for a Variance to the Zoning Ordinance, Article VI, Section 100-62(B) for permission to establish building containing more than one retail store, offices, or similar establi.shments in ~this "B-l" General Business Zoning District, at premises located on the north · side o-f C.R. 48, Southold, NY; County. Tax Map Parcel No. 1000-55-02-20; containing 31,024 Sqo ~t. in.-area. 7:55 p.m. Application fQr ARNOLD ~ND MARY BEHRER, c/o AWJ Construc- tion Corp.., Depot Lane, Cutchogue, NY for a Vari. ance to the Zoning Ordinance, Article III, Section 100~32~, for permission to lcca~e accessory garage in the frontyard area at premises, 5730 Nassau Point Road (a~so fronting Wunneweta Road), Cutchogue, NY; Nassau Poin~ Subdivision, Lotl41 and part of 142~ County Tax Map Parcel No. 1000- 111-12-2.1. 8:00 p.m. Application for MARGARETHE D. CLEMPNER, c/o Environment East, Inc., 3075 Indian Neck Lane, Peconic, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32, for permission to locate Page 2 - Legal Notice of Hearings Southold Town Beard of Appeals Regular Meeting of December 13, t984 accessory garage in the sideyard area a~ oremises, 1240 Inlet Lane Extension, Greenport, NY; County Tax Map Parcel No. 1000-36-02-24. 8:10 p.m. Application of FRANK A. FIELD REALTY INC., Box 631, Greenport, NY for Variances to the Zoning Ordinance~ Article III, Sections 100-31 and lO0-30(A)[1] for appnoval of the construction of a one-story~ two-family house, at premises known as'Lots 26 and 28 of ~'Greenport Driving Park" Subdivision, containing 11,262 sq. ft. in area and lO0-foot lot width. Applicant proposes to remove %wo~existi~g dwelling structures located partly on Subdivision Lots 26, 28, 60 and 59, and to retain an existing one-family trailer and one-family~ two-story house on Lots_60 ~nd 59; premises identified as County Tax Map Parcel Nos. 1000-48-03~20, 19, 8 and 9. 8:20 p.m. Application for ANTHONY AND SALLY ~IRRERA, by ~a~hy Haspel, Box llO0, 33 Anchor Way, Oak Beach, NY 1t702 for a Variance to the Zoning Ordinance, Article III, Section I00-32 for permission to locate accessory storage building/carport in the frontyard area at premises, 57305 C.R. 48, Greenport, NY; County Tax Map Parcel No. 1000-044-02-003. Persons desiring to be heard may do so at the times indicated. Communications in writing may be filed with]Qur office prior to or during the}~subje¢t'hearings. Dated: November 26, 1984. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Notice to newspapers: Please publish THURSDAY, NOVEMBER 29, 1984 and forward 8 affidavits of publication to: Board of Appeals, Main Road, Southold, NY 11971, before December 4th. Copies to the following 11/26/84: Rudolph H. Bruer, Esq. for K & L PropeYties, Inc. Mr. David Kapell, as agent for Joseph and Arlene Lesting~ Mr. and Mrs. Pete Markopoulos William Holden, Esq. for neighbor, 11 Orchard Place, Huntington, NY 11743 Mrs. Agnes Holden, 12 Eagle Lane, Ha. uppauge, NY 11787 Mr. John Bertani, Colonial Road, Southold, NY 11971 Mr. William Jacobs, AWJ Construction Corp., Depot Lane, Cutchogue 11935 Dr. and Mrs. Arnold Behrer, Box 912, Clinton, N.C. 29325 Environment East, Inc., Indian Neck Lane, Peconic, NY 11958 Mrs. Margarethe D. Clempner, Inlet Lane Extension, Greenport, NY 11944 Frank A. Field Realty, Inc., Box 631, Greenport, NY 11944 Ms. Kathy Haspel for Anthony add S~ll~ Anne Pirrera, Box llO0, Mr. and Mrs. Anthony Pirr6ra, 38 Foxmere Ave, Farmingville, NY Suffolk Times L.I. Traveler-Watchman Town Clerk Bulletin Board Oak Beach 11738 TO$¢N OF SOUTIIOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD. N.Y. NOTICE OF DISAPPROVAL ..~..~~..~:.~.. .... ~.~..~.~.. PLEASE TAKE NOT [CE that your application dated . ~(~ ~. ~ ........... 19 ~.~.. for pemit re ~}g~.~.. ~¢.. ~.~ ~~ ...... . ......... at Coun~ T~x ~ap ~o. ~000 Sect/on .... ~ ~ ~ .... Block ....~ .~ ....... Lot .... ~.~ ....... Subdiv~;2~$, .~(44 ~ Filed. Map No... {.b. ~ ~ ..... ~t No... ~ J ............ ~.~.~. ~.~.?~., ........ -..~..~. ~ .... .... ... . Bu~ldEng Inspector RV 1/80 TOWN OF SOUTHOLD, NEW YORK APPEALFROM DECISION OF BUILDING INSPECTOR APPEALNO. ~c~'~7' DA'"E THE ZONING BOARD OF APPEALS, TOWN OF SOUTH~D, N. ............... ....... ........... ~ I Name of App.llant / Stre~ and Number ........... ~:.~ ........... ............................... Y[~./ ........... HEREBY APPEAL TO / Municipality Stole THE ZONING BOARD OF,APPEALS FROM THE DECrSION OF THE BUIL~DI,NG INSPECTOR ON APPLICATION DATED: FOR: WkEREBY THE BUILDING INSPECTOR DENIED TO Street and Number Mumcipadty ~tate ~ERMIT ZO USE ~ERMIT FOR OCCUPANCY LOCATION OF THE PROPERTY ....~.~.~.~.~:~ .~.~...~.~...(~ Street and Hamlet t Zone _ ,i~zr~, ~,~ r/~/~ ,,I,/~ ~ ,~/,_~ l(~/;~ /~/t~o o~(s) .~f ....... , ............. ,... Map ~o. Lot No. ,.._ ~ ~c~s~: .~.~;L..L ~.~.~... 2. PROVISION (S) OF THE ZONING ORDINANCE APP~LED (Indicate the Article Section. Sub- section and Paragraph af the Zoning Ordinance by number Da not quote the Ordinance. I ~tiole ~, ~c~on 3. TYPE OF APPEAL Appeal is made herewith for (X) A VARIANCE tothe ZOning Ordin.once or Zoning Map A VARIANCE aue ro lack of access State of New York Town Law Chap. 62 Cons. Lows Art 16 Sec. 280A Subsection 3 of the Building InsoecTor or with respect to this property. Such appea~ was ~ reauest for c special permit ( ~ request for a variance aha was mooe in Appeal No ................................. Dated ...................................................... PREVIOUS APPEAL A Drevious appec (~.) (has notl been made with respect to this aecis~on (~) is reauested for the reason that REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance we would like to Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because 2 The hardship created is UNIQUE and is not snarea by all aroDerties alike in the immediate vicinity of this property and in this use district because 3 The /arionce would observe the spirit of the Ordinance and WOULD NOT CHANGE THE ~HARACTER OF THE DISTRICT because STATE OF NEW YORK ) COUNTY OF ~*t(.)) ss Sworn to this ............................................ dov of... Notary Public S~gnature LINDA F. KOWALSt~I 3- OWNER FORMER O..~NER STREET N S VILLAGE W CArD DISTRICT SUB. ACREAGE TYPE OF BUILDING RES. LAND SEAS. NEW Form IMP, TOTAL ?oo ,// FARM COMM. DATE REMARKS _ / AGE BUILDING CONDITION NORMAL BELOW FRONTAGE ON WATER Value Per Acre Tillable Tillable 2 Tillable 3 Woodland Swampland Brushlond Hause Plot Totot ABOVE Value FRONTAGE ON ROAD DOCK ? / / $~ 81 ~o /7 1 (3CJ l i-Y OF SUP'FOLK DEPARTMENT OF PLANNING (516) 360-5513 LEE E. KOP~tELMAN December 19, 1984 Town of Southold Board of Appeals Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following applications which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant Municipal File Number V/Mr. & Mrs. Pete Markopoulos Mr. & Mrs. Anthony Pirrera 3297 3306 GGN :Jk Very truly yours, Lee E. Koppelman Director of Planning Gerald G. Newman Chief Planner Southold Town Board of Appeals N1AIN RrlAD- STATE RDAD 25 SDUTHr=ILD, L.I.. N.Y. 11971 TELEPHONE (516) 765-1809 Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: XX Variance from the Zoning Code, Article III, Section 100-31 Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit Appeal No.:3297 Location of Affected Land:Sound Beach Dr., County Tax Map Item No.: 1000- 99-01-24 Within 500 feet of: Town or Village Boundary Line XX Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Boundary of Existing or Proposed County, Owned Land Boundary of Existing or Proposed County, or Other Recreation Area Applicant: MR. & MRS. PETE MARKOPOULOS Mattituck Thruway State or Federally- State or Federal Park 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. granted COMMENTS: Applicant is x~~ permission to dwelling with insufficient sideyard setbacks. Construct one-family Copies of Town file and related documents enclosed herewith for your review. Dated: December 17, 1984 Temp.S~retary' Board 6f Appeals Southold Town Board of Appeals MAIN ROAD- 8TATE: ROAD 25 SOUTHOLD, L,I., N.Y. 11c~'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT .1. DOUGLASS JOSEPH H. SAWlCKI December 14, 1984 Mr. and Mrs. 222-08 43rd Bayside, NY Pete Markopoulos Avenue 11361 Re: Appeal No. 3297 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 be 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, Enclosure Copy of Decision to Building Department GERARD P. GOEHRINGER Secretary Southold Town Board of Appeals MAIN ROAD- STATE ROAD 2,5 SOUTHOLD, L,I,, N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIOONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI November 19, 1984 William F. Holden, Esq. ll Orchard Place Huntington, NY 11743 Re: Appeal No. 3297 Pete and Despina Markopoulos Dear Mr. Holden: Please find enclosed copies of the file in the above matter, for which payment has been made under Check #753 of $6.00 from Mrs. Agnes Holden. The hearing date of this matter is presently set for our December 13, 1984 Regular Meeting, and copies of the Notice of Hearings will be forwarded to you and Mrs. Holden in the near future, specifying the exact time, et cetera. If we may be of further assistance, please don't hesi- tate to let us know. Yours very truly, Enclosures GERARD P. GOEHRINGER CHA2~'~RMAN , / Southold Town Board o£Appeals MAIN ROAD- STATE ROAD 25' SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 APPEALS 80ARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI November 7, 1984 William F. Holden, Esq. 11 Orchard Place Huntington, NY 11743 Re: Appeal No. 3297 Pete and Despina Markopoulos Dear Mr. Holden: With reference to your recent letter received this morning, please be advised that a copy of the Notice of Hearing has not been furnished because as of this date same is not available. If you desire copies of the variance papers on file, we will be happy to furnish same upon receipt of $6.00 to cover the town's cost of 24 copies @25¢ per copy (made payable to the Southold Town Clerk please). That will include a copy of the building plan also received this date, two copies of the notice of hearing as published in the Suffolk Times and L.I. Traveler-Watchman, and the entire file to date. Mr. and Mrs. Peter Markopoulos' address in our records is 222-08 43d Avenue, Bayside, NY 11361. It is recommended that if in the future that you contact payment in advance. copies are to be requested us for the fee required for Yours very truly, Linda Kowalski (Mrs. John Kowalski) WILLIAM F. HOLDEN ATTORNEY AT LAW 11 ORCHARD PLACE HUNTINGTON. NEW YORK 117,43 427-4642 AREA CODE 516 November 2, 1~9~ Town of Southold Box 729 Southo!d, ~ew York Re: Zoning Variance 605 Sound Beach Drive Mattituck, New York Peter Makcopolis Attention: Linda Kowalski, Zoning Boar~ Dear Ms. Kowalski: As attorney for adjoining resident, Agnes Holden, Sound Beach Drive, Mattituck, your notice of application for variance by the above captioned, was turned over to me for handling. I so informed you several weeks ago and requested that I be provided with copies of Mr. Makcopolis' requested variance. To date, I have not receive~ such copies. You were kind enough to give me a verbal description of the request, and your building inspector, Mr. Curtis Horton, was kind enough to give me a brief description of the sketch on hand, etc. However, it is essential that: 1. I receive copies of whatever is available covering the proposed variance request; 2. that both my office as well as Agnes Holden receive written notice of date of hearing to be held on the proposed variance~ 3. current address of Mr. Makcopolis so that I might write him for his assistance in resolving something that may be to everyone's mutual advantage. Again my I ask thah this letter be placed in the folder of such applicant and other record keeping files so that I will be notified in advance of the scheduled hearing date. WFH:ed cc: Mrs. Agnes Holden 12 Eagle Lane Hauppau~e, ~ew York Very t_r~u~ur~, STEVE G. BOX 1180, 632 ROANOKE AVENUE RIVERHEAD, N.Y. 11901 (516) 727 7411 TSONTAKIS ASSOCIATES Consulting Engineers 1781 KING EDWARD DRIVE KISSIMMEE, FL. $2741 (305) 846 0455 November 6, 1984 Mr. Gerard P. Goehringer, Chairman Southold Town Board of Appeals Main Road-State Road 25 Southold, New York 11971 RE: Markopoulos project Dear Mr. Goehringer, Enclosed please find a sketch of the proposed subject residence. This is being tranmitted to you upon the request of the owners, Mr. & Mrs. Peter Markopoulos. SGT/bp Enclosure cc: Mr. & Mrs. P. Markopoulos Yours truly, Steve G. Tsontakis, P.E. 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 SOUTHDI-D, L.I., N.Y. llCJ'T1 TELEPHONE (516) 765-1809 October 22, 1984 Mr. and Mrs. Peter Markopoulos 222-08 43d Avenue Bayside, NY 11361 Re: Appeal No. 3297 - Variance for Insufficient Sideyards Sound Beach Drive, Mattituck Dear Mr. and Mrs. Markopoulos: At your convenience, would you please provide us with a copy of the proposed building plan of the dwelling. After your file has been processed, we can ~eturn them to you. Thank you for your cooperation. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Southold Town Board o£Appeals MAIN ROAD- BTATE ROAD 25 r~OUTNOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GR/GOfllS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Notice S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION of Determination of Non-Significance APPEAL NO.: 3297 PROJECT NAME: PETE AND DESPINA MARKOPOULOS This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: DESCRIPTION OF ACTION: [X] Type II [ ] Unlisted [ ] Insufficient sideyard setbacks; new dwelling. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: 605 Sound Beach Dr., Matti~uck, NY County Tax Map Parcel ~1000-99-1-24 REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The relief requested is a setback variance, which does not require further processing.under "Type II" Actions of the State Environ- mental Quality Review Act. 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. * (3) Separating the project in question from the waterfront is a 50-foot traveled road. NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Cede of the Town of Southold, the following public hearings will be held by the Southold Town Board of Appeals at the Town Hall, Main Road, Seuthold, NY at a Regular Meet- ing on THURSDAY, DE- CEMBER 13, 1984, commenc- ing at 7:30 p.m. and as follows: 7:30 p.m. Application of K & L PROPERTIES, c/o R.H. Bruer, Esq., Main Read, South- old, NY for a Variance for ap- proval of access, New York Town Law, Section 280-A over a pri- vets fight-of-way loc~tod at the east side of Indian Neck Lane, Peconic, NY, to premises known as County Tax Map Parcel No. 100086-05-11. 7:35 p.m. Application of JOSEPH AND ARLENE LES. TINGI, cYo David Kapoll, 400 Front Street, Greenport, NY for a Variance to the Zoning Ordi- nance, Article IH, Section 100-32 for permission to locate accessory garage in the frontyard area at premises, 1150 Sound Drive, Greenpert, biY; County Tax Map s arcel No. 1000-33-04-001. q% 7:40 p.m. Application oc DE-~ Pn~A AND PETE MAR- KOPOULOS, 222-08 43d Av- enue, Bayside, NY 11301, for a kVariance to the Zoning Ordi- Inance, Article HI, Section 100~ F31, Bulk Schedule, for permii t sion to locate new dwelling witl~ Insufficient sideyaed setbacks a~ premiSes, Seu~d Beach Drive, Mattituck, NY; Cpt. Kidd Ests. Map 1672, Lot 31; County Tax b_Map Parcel No. 1000-99-01-24. e~7:50 p.m. Application ol JOHN EERTANI, Coloni~d Read, Seuthold, NY for a Vari- ance to the Zoning Ordinance, Article VI, Section 100-02(B) for permission to establish building containing more than one retail store, offices, or similar estab- lishments in this "B-i" General Business Zoning District, at premises located on the north side of C.R 48, Southold, NY; County Tax Map Parcel No. 1000-55-02-20; containing 31,024 sq. ff. in area. 7:55 p.m. Application for AR- NOLD AND MARY EEHHER, cYo AWJ Construction C=:p., Depot Lane, Cutehogue, NY for a Variance to the Zoning Ordi- nance, Article ffl, Section 100- 32, for permission to locate acces- sory garage in the frontyard area at promises, 5730 Na~au Point Road (also fronting Wunneweta Road), Cutchogue, NY; Nassau Point Subdivision, Lot 141 and part of 142; County Tax Map Par- cel No. 1000-111-12-2.1. 8:00 p.m. Application for MARGARETHE D. CLEMP. N-ER, c/o Environment East, Inc., 3075 Indian Neck Lane, Peconic, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32, for permission to locate accessory garage in the sideyard area at premises, 1240 Inlet Lane Extension, Greenport, 8:10 p.m. Application of FRANK A. FIELD REALTY INC., Box 631, Greenpert, NY for Variances to the Zoning Ordi- nance, Article IH, Sections 100- 31 and 100-30(A)[1] for approval of the construction of a one-story, two-family house, at premises 'known as Lots 26 and 28 of "Greenport Driving park" Sub- division, containing 11,262 sq. in area and 100-foot lot width. Applicant propoSes to remove two existing dwelling structures located partly on Subdivision Lots 26, 28, 60 and 59, and to retain an existing one-family trailer and one-family, two-story house on Lots 60 and 59; prem- ises identified as County Tax Map Parcel bios. 1000-48-03-20, 19, 8 and 9. 8:20 p.m. Application for AN- THONY AND SALLY PIRR- ERA, by Kathy Haspel, BOx 1100, 33 Anchor Way, Oak Beach, NY 11702 for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate accessory storage build- ing/carport in the frontyard area at premises, 57305 C.R. 48, Greenport, NY; County Tax Map Parcel No. 10~)-044-02-003. Persons desiring to be heard may do so at the times indicated. Communications in writing nmy be filed with our office prior to or during the subject hearings. Dated: November 26, 1984. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN 1TN29-4725 CHIEN ,rate of New York uffol~ Cou~t~ ,rch 30 19~-~r STATE OFNEWYORK ) ) SS: COUNTY OF SUFFOLK ) ANNA LEKKAS of Greenport, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspeper, publiehed at Greenport, in the Town of Southold, County of Suffolk end Stere of New York, and that the Notice of which the annexed ia a printed copy, has been regularly published in said Newspaper once each week for ONE weeks successively, commencing on the 2 9 tb day of November _8~ Principal Clerk Sworn to before me this 2 9 th November 84 day of 19 NOTICE IS HEREBY GIV- EN, pursuant to Section 267 of the Town Law and the Provi- sions of the Amended Code of the Town of Southold, the following public hearings will be held by the Southold Town Board of Appeals at the Town Hall, Main Road, Southold, NY at a Regular Meeting on THURSDAY DECEMBER 13, 1984, commencing at 7:.30 p.m. and as follows: 7:30 p;m. Application~ of K~L PROPERTIES~ c/o R.H. Bruer, Esq., Main Road, Seuthold, NY for a Variance for approval of access, New York Town Law, Section 280-A over a private right-of-way located at the east side of Indian Neck Lane, Peconic, NY to premises known as County Tax Map Parcel No. 1000-86- 05-11. 7:35 p.m. Application of JOSEPH AND ARLENE LES- TINGL c/o David Kapell, 400 Front Street; Greefiport, NY for a Variance to thq Zoning Ordinance, Article 111, Section 100-32 for permission to locate accessory garage in the front- yard area at premises, 1150 Sound Drive, Greenport, NY; County Tax Map Parcel No. 1000-33-04-001. ~D7:40 p.m. Application o~ ESPIHA AND PETE MAR-[ kOPOULOS, 222-08 43rd Av-] enue, Bayside, NY 11361, for ariance to the Zoning Ord~]~ ance, Article IB, Section 31, Bulk Schedule, for permit] ~sion to locate new dwellin~ with insufficient sideyard backs at premises, Sound Beach Drive, Mattituck, NY; Cpt. Kidd Ests. Map 1672, Lot] 31;County Tax Map Parcel No,~ 000- -01-24. 7:50 p.m. Application of $OHN BERTANI~ Colonial Road, Southold, NY for a Variance to the Zoning Ordin- ance, Article VI, Section 100- 62{B) for permission to estab- lish building containing more than one retail store, offices, or similar establishments in this "B-l" General Business Zoning District, at premises located on the north side of C.R. 48, Seuthuld, NY; County Tax Map Parcel No. 1000.55- 02-20; containing 31,024 sq. ft. in area. 7:55 p.m. Application for ARNOLD AND MARY BEH- RER, c/o AWJ Conmruction Corp., Depot .Lane, Cut- chogue, NY for a Vadanceto the Zoning Ordinance COUNTY OF SUFFOLK ss: STATE OF NEW YORK Patricio 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-Watch- / man once each week for ........................................ weeks successively, commencing on the ............... : .................... day o ......... ,.,_. ............................... , ,, ........ Sworn to before me this -~?~ ~-4' day of ......... ........... , Notary Public BARBARA FORBES Not~ry Public, State of New York No. 4806846 Qualified in Suffolk County Commission Expires March 30, 19 ?~; Southold Town Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI TO WHOM iT MAY CONCERN: Concerning your recent application filed with our office, please find enclosed a copy of the Legal Notice as published in the local and official newspapers of the Town of Southold, to wit, the Suffolk Times and the L.I. Traveler-Watchman indicating the date and time of your public hearing. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the public hear- ing and in order to prevent any delay in the processing of your application. If you have any questions, or if you would like to review your file prior to the hearing, please do not hesitate to either stop by our office at the $outhold Town Hall, or by calling our secretary, Linda Kowalski, at 765-1809 (or, if' no answer, 765-1802). Yours very truly, Ik Enclosure GERARD P. GOEHRINGER CHAIRMAN JUDITH T. TERRY TOWN CLERK OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD October 5, Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 1984 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3297 application of Despina and Pete Markopoulos for a variance. Also included is notification to adjacent property owners; Short Environmental Assessment Form; letter relative to N.Y.S. Tidal Wetlands Land-Use; Notice of Disapproval from the Building Department; and Survey. Judith T. Terry Southold Town Clerk TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ~' DATE ...../...O..Z .~./...~....... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ~ ~ome of Appello,n~ ................... .......................... THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION DATED: FOR: WHEREBY THE BUILDING INSPECTOR DENIED TO -. % o, ..... Street and Number ~unici~l ~ ~'/ ..... ~t~; ................... ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY .~~ Street ~ ~e~ ~ lone ............................................ L..,./ ....... Mop No. Lot No.. 2 PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub section and P_~aragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article _LLL , Section / O0 '- 3 i 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 ~(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 () (y) () is requested for the reason that REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance we would like to Po,~ ZB! (Continue on other side) REASON FOR APPEAL Continued sary HARDSHIP because STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- 2 The hardship created is UNIQUE and is not shared by all 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 ~ ) ss .................... cOUNTY Sr4 Sworn to this ................................. day of ........ .~......~..~ ..................... 19 ~'~ NotaFy 1Public LINDA F, KOWALSK! NOTARY pUBLIC, State of New yor~ No. 52.4524771 Quslified in Sulfolk Count'/ ~ Gommission Ex~ires Marcf~ 3D, 19g11~1 BOARD OF APPEALS, TOWN OF SOUTHOLD In the M_~tte~r of the Petition of : to the Board of Appeals of the Town of Southold : TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. Th~t...k-i~ intention of the undersigned to petition the Board of Appeals of the Town of 5outhold torequesta~xVarianc~(~a4-~,~) (Spe~,,G~=l~e~q~4) (Other) [circle choice] 2. That the property which is t~Ll~ subject of the P~tition is located adjacent to your property and is des- cribed as follows: , ~ £~_~ ' _ ~;~Z~.~. . -- -- 3. That the property which is the subject of such Petition is located in the following zoning district: ~4' That by ~ufh Petition, the undersigned will request the following relief:.,,~_~~..,,~-~" C/ ~ · . , ', . ,~, d~t'~t ~'t~~ ~ ' 5. That the provisions of ~e Southold Town Zoning Code applicable to the relief sought by t~e under- signed are ~cle ~ 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road. Southold, New York and you ma)' then and there examine the same during regular office hours. (516) 76'5-1809. 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. Petitioner ) Post Office Address _ NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) Postage Ce~ified Fee Special Dellve~ Fee Restricted Delive~ Fee Return Receipt Showing to whom and Date Delivered Return r~eipt showi~g to whom, Date, and Address of Delive~ P 523~881 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAiL (See Reverse) Se.tto Postage Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt Showing REcEiPT FOR cERTtFtEO N~AIL CO'4E~AGE pRO'g~OEO NO ~NsuRAN?~mNAI~ONAL ~A~L (see Reverse) STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss.: I V , being duly sworn, depos~ and says that on the ~ ~ day of ~ ~ ,19 ~, deponent mailed a true copy of the Notice ~t forth on the re- verse side hereof, directed to each of the aEovemamed pemons at the addresses set opposite thor respective name; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assmsment toll of the Town of Southold; that ~id Noticm were mailed at the United States Post Of- L.~cert~registered) mail. Sworn to before me this~'~' day of ~.,~:J~2~, 19 Notary Public ; that said Notices were mailed to each of said persons by LINDA F. KOWALS~' NOTARY PUBLIC, Stats of New Yor~ No. 52.4524771 Qualified in Suffolk County Commission Expires March 30, 198~ The ~;,Y.S. [n ~ronmental Quality I~.~vi~:w Act requires sub- mission of this re, and dn environmenLal ~iew will be made by this l before any action is ta SHORT ENVIRO,~,:ENT.~L ASSES$.~ENT INST~%TTIC~S~ (a) In order to answer the questions in this short ~AF is is assuaged that the preparer will use currently available ir, fort. etlon concerning :he project and the likely impacts of the action, it is not ex'petted that additional studies, research or other investigations will be undertaRen· (b) If any question has been answered Yes the project may be aigniflcan: and cc~leted Environmental Asaeasment Form ia necesoar/. (c) If all questions have been answered No t% is likely that this projec~ is nc.__~ significant. (d) Enviror~ental Assees~$nt 1. Will project result in a large physical to the project site or physically al~er more ~han 10 acres of land? , · · · · · · · · · · Tee ~ No 2. Will there be a major change to any unique or unusual land form found on the sl~e? . . · . Yes "~ No 3. Will project alter or have a large affect on ~ an existing body of water? , , , · . · , , , Yes ~ No &. Will project have a potentially large impac~ on groundwater quality? , · o , , · . , , , o Yes ~ No ~. Will project significantly effect drainage flow ~ on adjacent sites? . . . , . . . · · · , Yes No 6. Will project affect any threatened or endangered plant or anal species? ...... · , · · Yes ~ No 7, Will project result in a major adverse effect on 8, Will project have a major effect on visual chad- actor of the community or scenic views or vis%aa known to be important to the community? · · · Yes ~ No 9. Will project adversely inpact any sits or struc~- ute of historic, pre-historic, or paleontological importance or any site designated as a critical environmental area by a local agency? , . . Yea __~ No 10. Will project have a major effect on existing or £u~ure recreational opportunities? , . , Yes ~ No 11. Will project result in major traffic problems or cause a major effect to existing transportation 12. Will project regularly cause objectionable odors, noise, glare, vibration, or elec%rical dimturb- ance as a result of the project's operation? . Yes ~ No 13. Will project have any impac~ on public health or { 1L, Will project Affect %he existing community by directly causing a ~rowth xn permanent popula- tion of more than 5 percent over a one-year period or have a major negative effect on the characte--~ of the com.~uni%y ~r neighborhood?· , Yes ~ No 15. IS there~lic controversy concerning~W~ project? , Yes .~. No QUESTIONNAIRE 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 40, $.U.N.Y., 5tony ~3rook, NY 117940 (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 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. [ ] [ ] 3. [ ] 5. [ ) 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 waterfront or wetlands area May be located within 300' of waterfront or wetlands area; i~owever, 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 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/waterfront area. [ ] 7. Please be aware that any and all subdivisions and new dwellings will also require an application to the N.Y.5. 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 prevent any unnecessary delays in processing your application(s). IOl831k