HomeMy WebLinkAbout3043..... ~R__KQ$_TA_S_~_G_U~ ~3043 ~
~-~-North' Side Main Rd., Orient ~ 10/21/82
C approval of access pursuant to N.Y. Tows Law.
1'3-2-4
Southold Town Board of Appeals
MAIN ROAD- ~ITATE ROAD 2,5 gOUTHOLD, L.I., N.Y, 11971
TELEPHONE (516) 765-1809
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 3043
Application Dated September 29, 1982
TO: Mr. William B. Smith as agent
Mr. and Mrs. Gus Kyrkostas
30-03 72nd Street
Jackson Heights, NY 11372
[Appellant(s)]
At a Meeting of the Zoning Board of Appeals held on October 30¢ 1982
the above appeal was considered, and the action indicated below was taken
on your [X] 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 , Section
[ ] Request for
The public hearing on this application was held on October 21, 1982, at
which time the hearing was declared closed pending reinspection and delibera-
tions.
Upon application for GUS KYRKOSTAS by William B. Smith as agent,
Mechanic Street, Southold, NY for a Variance for approval of access
pursuant to New York Town Law, Section 280-a. Location: Right-of-Way
off the north side of Main Road, Orient, NY; subject parcel being
bounded on the north by the Sound; west by Wilsberg; south by Reese;
east by Demarest; County Tax Map Parcel No. 1000-13-2-4.
The board made the following findings and determination:
By this application, appellant seeks approval of access over a
private right-of-way at the north side of the Main Road (State Route 25),
which right-of-way is shown to have a width of 10 feet, extending from
a point at the southeasterly corner of other premises of the applicant
(Kyrkostas), northerly a length of 1647.31 feet to the premises in ques-
tion (3.136 acres). After inspection and investigation, the board finds
that this right-of-way is the only legal recorded access to the premises.
The premises in question contains an area of 3.136 acres as shown on
survey dated June 6, 1967 of Van Tuyl & Son, L.S. and is more particu-
larly identified as County Tax Map District 1000, Section 013, Block 02,
Lot 004. For the record it is noted that the property to the west of
this right-of-way is a pending major subdivision entitled, "Hill Crest
Estates at Orient"; and it is noted that along the easterly side of the
subject right-of-way, there is a 25'-wide right-of-way owned now or
formerly by Harrison Demarest, Sr., but over which the applicant herein
does not have a legal access.
It is the consensus of the board, after inspecting the subject
right-of-way, that the right-of-way should be widened to 15' where
possible, and that improvements are necessary for sufficient access.
In considering this appeal, the board determines the variance
request will not cause detriment to adjoining properties; that the
circumstances herein are unique; that the difficulty cannot be
obviated by a method, feasible to appellants, other than a variance;
that no adverse effects will be produced on available governmental
facilities of any increased population; that the relief requested
will be in harmony with and promote the general purposes of zoning;
(CONTINUED ON PAGE TWO)
DATED: November ~, 1982.
Form ZB4 (rev. 12/81)
CHAIRMAN, SOUTHOLD TOWN ZONING BOARD
OF APPEALS
Page 2 - Appeal No. 3043
Matter of Gus Kyrkostas
Decision Rendered October
30, 1982
and that the interests of justice will be served by allowing the
variance as indicated below.
On motion by Mr. Douglass, seconded by Mr. Goehringer, it was
RESOLVED, that Appeal No. 3043, application for Gus Kyrkostas
for approval of access, be and hereby IS APPROVED SUBJECT TO THE
FOLLOWING CONDITIONS:
1. That this access road running along the easterly side of
other premises of the applicant (Kyrkostas) a length of approximately
424' shall:
(a) be a minimum width of 15 feet and shall be cleared of
all trees, brush and other obstructions to a width of 15 feet [except
that the stone wall existing near this right-of-way shall not be
disturbed]; and
(b) be improved with a minimum of 4" of stone blend to a
width of 15 feet.
2. That this access road running approximately 1223.28 feet to
the premises in question shall have a clear, unobstructed 10' width, and
(a) Have topsoil removed to a depth of eight inches and then
filled with eight inches (minimum) of stone bank run [or better];
(b) Be so improved as stated in the previous paragraph except
that the existing stone wall along the easterly side shall not be
disturbed.
3. Where the terrain of the land over which such access road
is to traverse is such that drainage problems may occur in the future,
the applicant (or subsequent owners) shall be required to construct
such drainage facilities as may be recommended by the town (road
engineer).
4. Ail work required as hereinbefore set forth shall be performed
under the supervision of the town (road) engineer, and no certificates
of occupancy for vacant land or structures shall be issued until these
requirements have been complied with.
5. That this approval of access is subject to a deed in recordable
form giving right of access over the width stipulated above to the
premises in question.
6. That the Board of Appeals may, in passing upon any
approval of access, make any reasonable exception as in its
it deems appropriate under the circumstances.
appeal for
judgment
7. That in the event this right-of-way is to service more than
one residence, then this entire right-of-way must be brought up to
the specifications adopted by this board on March 22, 1979.
Location of Subject Parcel: 1647.31 feet north of Main Road,
Orient, NY; more particularly known as County Tax Map Parcel No.
1000-013-02-004.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Douglass and Sawicki. (Member Doyen of Fishers Island was absent.)
This resolution was unanimously adopted.
RECEIVED AND FILED BY
THE SOUTHOLD TOWN CLERK
Town Cl,srk, Town cf Southold
APPROV_ED
$o hdd Tow
MAIN I~EIAD- STATE ROAD 25
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER CHAIRMAN
CHARLES GRIGONtS. JR.
SERGE DOYEN. JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI
SOUTHOLD, L.Io. N.Y, 11971
TELEPHONE (516' 765-1809
NOTICE iS HEREBY GIVEN, pursuan~ to Section 267 of the Town Law
and the Provisions of the Amended Code of the Town of Southold, a
Regular Meeting and the following public hearings will be held by the
Southold Town Board of Appeals at the Town Hall, Main Road, Southold,
NY on Thursday, October 21, 1982 commencing at
follows:
7:30 p.m. Application
Strang, Box 1412, Southold,
7:30 p.m. and as
for MARTIN AND ALMA SUTER by Garrett A.
NY for a Variance for approval of access
pursuant to New York Town Law, Section 280-a. Location: Right-of-way
off the south side of New Suffolk Avenue, Mattituck; bounded north,
east and west by H. Alvin Smith & Co. and sduth by the Bay; County
Tax Map Parcel No. 1000-115-17-18.
7:35 p.m. Application for ALEXANDER GASTON by Rudolph H. Bruer,
Esq., Main Road, Southold, NY for a Variance to the Zoning Ordinance,
Article III, Section 100-32 for permission to conscruct accessory
storage shed in the sideyard area. Location: Minor Subdivision of
Sturges, Map No. 144, Subd. Lots 1 and 2; Private Road, Fishers
Island, NY; County Tax Map Parcel No. 1000-10-6-13.1 and 14.1.
7:40 p.m.
Hill Lane, Cutchogue,
Article III, Section
stable(s) and to add
Locatlon: 840 Manor
west
more
by Cross Riqht-of-way;
particularly known as
Application of RALPH L. AND JANE M. ARMBRUST, 840 Manor
NY for a Variance to the Zoning Ordinance,
100-30 for permission to construct additional
additional horses on this four-acre parcel.
Hill Lane, Cutchogue; bounded northwest by Schwarz;
south by Sheehan; northeast by Cross;
County Tax Map Parcel No. 1000-108-3-13.11.
7:45 p.m. Application for MICHAEL AND ANNETTE COLLINS by
William J. Jacobs, Builder, Depot Lane, Cutchogue, NY for a Variance
to the Zoning Ordinance, Bulk Schedule, Article III, Section 100-31
for permission to construct deck addition to dwelling reducing the
rearyard setback. Location: 515 Orchard Street, New Suffolk, NY;
bounded north by Urbanowski; west by Cusumano; south by Orchard Street;
east by Tuthill; County Tax Map Parcel No. 1000-117-5-33.
7:50 p.m. Application of JOSEPH D. BURRUANO, 39 Salem Road,
Rockville Centre, NY 11570 for a Variance for approval of access
pursuant to New York Town Law, Section 280-a. Location: Ford's
Road (Private Road No. 9), Southold, NY; subject parcel bounded on
the nort~ east and south by Lavinia; southeest by Wittier; west by
I.ecst No~ice - P~ce 2
Southold Town Board of Appeals
Public Hearings for October 21,
1982
Krupski, Comm. of Welfare, and Crane;
1000-87-1-13.
County Tax Map Parcel No.
7:55 p.m. Application for ANDREW PAFITIS by Inland Homes, inc.
as agent~ 315 Westphalia Road, Mattituck, NY for a Variance to the
Zoning Ordinance, Hulk Schedule, Article iiI~ Section 100-31 for
permissmon to construct one-family dwelling with an insufficient
rearyard setback at t800 Gillette Drive East, East Marion, NY;
bounded north by Manor Grove Corp.; west by J & M Reu~er; south by
Ruggiero; east by Gillette Drive East; County Tax Map Parcel
No. 1000-38-3-22.
/8:00 p.m.--application for GUS KYRKOSTAS by William B. ~~
as agent, Mechanic Street, Southold, NY for a Variance for approval
of access pursuan~ to New York Town Law~ Section 280-a. Location
off the north side of Main
Right-of-Way
Road,
Orient ~
NY;
subject
par~e~ being bounded on the north by the Bay; west by Wilsberg~
south by Reese: east by Demarest; County Tax Map Parcel Nco 1000-
13-2-4.
8:05 p.m. Application for NICHOLAS W. IPPOLITO by Gary Flanner
O!sen, Esq., Main Road, Mattituck, NY for a Variance to the Zoning
Ordinance, Bulk Schedule, Article IIi~ Section 100-3i for permission
to construct addition with reduced rearyard setback ac 235 Carol
Road, Southold, NY; bounded north by Stachtiaris; west by VIP Inns;
south by Haas; east by Arshamomaque Pond; County Tax Map Parcel
No. 1000-52-2-7.
8:10 p.m. Application of BRIGITTE GIBBONS, 3475 Ole Ju!e Lane~
Mattituck, NY for a Variance to the Zoning Ordinance, Bulk Schedu!e~
Article Iii, Section 100-31 for permission to construct addition to
dwelling with an insufficien~ sideyard area at 3475 Ole Jule Lane,
Mattituck, NY; bounded north by Schiller; west by Battersby; south
Ole 3ule Lane; east by Wilsberg; County Tax Map ?arcel Nco i000-
122-5-20.
8:15 p.m. Application for NORTH FORK B~NK & TRUST COMPAIqY by
Wickham, Wickham & Bressler, P.C., Main Road, Mattituck~ NY for a
Le~a! Notice - Page 3
Southoid Town Board of Appeals
Public Hearings for October 21,
1982
Variance to the Zoning Ordinance, Bulk Schedule, Article VII, Sec-
tion 100-71 for permission to construct drive-in banking facility
with canopy extending into the frontyard area at the Mattituck
Shopping Center, North Side of Route 25, ~at~ituck, NY; bounded
north by Bethany Cemetery Assoc.; west by Factory Avenue; south
by Ardprop !nc. and Main Road; east by New Bethany Cemetery;
County Tax Map Parcel No. 1000-142-1-26.
8:25 p.m.
Environment East inc., 3075 Indian Neck Lane, Peconic,
a Variance for-approval of access, New York Town Law,
280-a. Location: Rights-of-Way located off the east
Application for MR. AND MRS. DONALD sHAw by .~
NY for
Section
side of
Jackson's Landing Road (referred to as Miller's, Young's and
Wick's Rights-of-Way), Mattituck, NY; subject parcel known as
1080 Private Road ~15 [Wick's Road]; bounded on the north by
Manos; ease by Manos, R-O-W, and Roundtree; south by Howard's
Branch of Mattituck Creek; east by Schipanm, Davis and McCarthy;
and Rohren; County Tax Map Parcel No. 1000-113-6-15.
Any persons desiring to be heard on any of the above applica-
tions should appear at the time and place indicated.
Dated: October 9, 1982.
BY ORDER OF THE SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P. GOEHRINGER
CHAIRMAN
By Linda F. Kowalski, Secretary
x
TOWN OF $OL~TFJOLO, N~ YOR[
APPEAL FROM DEC~S[ON OF BUILDING ~NSP~CTOR
DATE .....~tr ........ ~ ........
TO THE ZONING BOARD OF APPEA?~, TOWN ~OF SOUTHOLD, N. Y. · _
~ Name of. Appella~r~t Street and Numoer ~ .............
~. ~ ~ -~ a/c Gus Kyrkostas ~ ¢ /
...~~.~ ........................................................ g./;.~:.~,, ..: ....... HEREBY APPEAL TO
~ ~{unicipality S~fte
THE ZONING BOARD OF APPEALS PROM THE DECISION OF THE BUILDING INSPECTOR ON
APPL[CAT!ON FOR PERMIT NO ..................................... DATED ................ ~.(i:.~.? .,L~.~z.~. .........
Name of Appficent for permi~
Street and Number Munic~pc~hy St~ ~/
~P~RMIT TO USE
( ) PERMIT FOR OCCUPANCY
( )
........... ..............................
Slreet Use District on Zoning Map
..........................
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 Ord[n.ance or Zoning Mop
X) lack of (State of New York Town Low Chap. 62 Cons· Lews
A
VARIANCE
due
to
access
Art. ]6 Sec. 280A Subsection 3
PREVIOUS
APPEAL
A
previous
eppea[ (~) (has not) been made with respeet to this decision
of the Building Inspector or with respect to fhis property.
Such eppeel was ( ) request for a special permit
( ) request for a variance
and was mode in Appeal No ................................. Doted ......................................................................
REASON FOR APPEAL
Section 280A Subsection 3
A
Variance
to
A Variance to the Zoning Ordinance
~Cantinue an ~t~er side~
REASON FOR APPEAL Continued
1 STRICT APPLI3ATION OF THE ORDINANCE would produce practical difficulties or unneces-
sery HARDSHIP because ,~ ,,~ ~'n~'Z--'O J~ ~ ~,~x~ ~
vicinit,, of this property and n this use district because
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE /~HE ~
CHARACTER OF THE DISTRICT because ~_~ ,~~ ,_~ ~:' ~4~//~/~_~f
COUNTY O~ ss ,' ..... Si~]otu
Sworn to ~his .............. (~.?..r.~. ........... day of...:.~~.~.~ .......... l~
ELLAS~ A[,~N NEVI~
NOTARY PUBUC, ~a~ ~ New Y~
No., 52-81258~, Su~k
Term ExpJre~ ~rc~ 20,
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
~o .~.~..~'.,~ ...~..~..~..~.../~~,~
.... ~...~.~.....(.~.'.~...~....~..~. /~. ~¢~/
PLEASE TAKE NOTICE that your application dated ............. 19 ..... ~
fo~~.:... ?~...~..~..~..~.... ..... ~ ......... ~,
Location of Property ~/~s!~o..~.~.~.*.~....~..~... ?'?...°2~.....~.~..a.~ ....... .~.., ..f~?...- ....
· , // Street / Hamlet
County Tax Map No. 1000 Section ........ (~.... Block ....... ~... Lot . ..~.. .........
Subdivision ................. Filed Map No ................. Lot No ..................
.... .... ....
Building Inspector
RV 1180
?
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR S. E. Q. R. A. October 9,
SERGE DOYEN, .IR
ROBERT J. DOUGLASS NEGATIVE DECLARATION
JOSEPH H, SAWlCKI
Notice of Determination of Non-Significance
1982
APPEAL NO.: 3043
PROJECT NAME: Variance Application for Gus Kyrkostas
This notice is issued pursuant to Part 617 (and Local Law #44-4)
of the implementing regulations-pertaining to Article 8 of the State
Environmental Quality Review Act of the Environmental Conservation Law.
This board determines the within project not to have a significant
adverse effect on the environment. Also, please take notice that this
declaration should not be considered a determination made for any other
department or agency which may also have an application pending for the
same or similar project.
TYPE OF ACTION: [X] Type II [ ] Unlisted
DESCRIPTION OF ACTION: Approval of access.
[ ]
LOCATION OF PROJECT: Town of Southold, County of Suffolk, more
particularly known as: Private Right-of-Way located off the north
side of Main Road, Orient, NY; County Tax Map Parcel No. 1000-13-2-4.
REASON(S) SUPPORTING THIS DETERMINATION:
(1) An Environmental Assessment in the Short Form has been sub-
mitted which indicates that no significant adverse effects to the
environment are likely to occur should this project be implemented as
planned.
(2) This request is not directly related to new construction.
FOR FURTHER INFORMATION, PLEASE CONTACT: Mrs. Linda F. Kowalski,
Secretary, Southold Town Board of Appeals, Main Road, Southold, New
York 11971. Telephone: (516) 765-1809.
Copies of this notice sent to the applicant(s) or agent(s) and
other involved agencies [if any] and posted on the Town Clerk Bulletin
Board.
APPEALS ROARD
MEMRFRS
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 2S SOUTHOLD L.I.. N.Y. 119'71
TELEPHONE (516) 76571809
November 4, 1982
Mr. William B. Smith
220 Mechanic Street
Southold, NY 11971
Mr. and Mrs. Gus Kyrkostas
30-03 72nd Street
Jackson Heights, NY 11372
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
~uilding Department
GERARD P. GOEHRINGER
CHAIRM3~N
By Linda F. Kowalski
Secretary
LEGAL NOTICE
NOTICE IS HEREBY
GIVEN, pursuant to Section
267 of the Town Law and the
Provisions of the Amended
Code of the Town of Scuthold,
a Regular M,eeting and the.
following public hearings will
be held by the Soulhold T°wn
Beard of Appeals at the .T?
Hall, Main Road, Soutnmu,
NY on Thursday, October 21,
Legal Notices
1~?. commencing at 7:30 p.m.
and as follows:
7:30 p.m. Application for
MARTIN AND ALMA SUTEH
by Garrett A. Strung, Box
1412, Southold, NY for a
Variance for a,)proval of
access pursuant t~ New York
Town Law, Section ~0-a.
Location: Right-of-way off the
south side of New Suffolk
Avenue, Mattituck; bounded
north, east and west by H.
Alvin Smith & Co. and south
by the Bay; County Tax Map
Parcel No. 1000-115-17-18.
7:35 p.m. Application for
ALEXANDER GASTON by
Rudolph H. Bruar, Esq., Main
Road, Southold, NY for a
Variance to the Zoning
Ordinance, Article III, Sectien
100-32 for permission to con-
struct accessory storage shed
in the sideyard area. Loca-
tion: Minor Subdivision of
Sturges, Map No. 144, Subd.
Lots 1 and 2; Private Road,
Fishers Island, NY; County
Tax Map Parcel No. 10/}0-106-
13.1 and 14.1.
7:40 p.m. Application of
RALPH L. AND JANE M.
ARMBRUST, 840 Manor Hill
Lane Cutchogue, NY for a
Varignce to the Zoning
Ordinance, Article IlL Section
100-30 for permission to
construct additional stable(s)
and to add additional horses
on this four-acre parcel.
LOcation: ~40 Manor Hill
COUNTT OF SUFFOLK,
* Lane, Cutchogue; bounded
northwest by SchWarz; west
*by Cress'Right-of-way; south
:by Sheehan; northeast by
Cross; more particularly
known as County Tax Map
Parcel No. 1000-10~343.11.
7:45 p.m. Application for
MICHAEL AND ANNETTE
COLLINS by Willliam J.
Jacobs, Builder, Depot Lane,
Cutchogue, NY for a Variance
to the Zoning Ordinance, Bulk
Schedule, Article III, ~ection
10~-31 for permission to
construct deck addition to
dwelling reducing the
rearyard setback. Location:
515 Orchard Street, New
Suffolk, NY; bounded north by
Urbanowski; west by
Cusumano; south by Orchard
Street; east by Tuthill; County
Tax Map Parcel No. 1000-117-
7:50 p.m. Application of
JOSEPH D. BURRUANO, 39
Salem Road, Rockville
Centre, NY 11570 for a
Variance for approval of
access pu~uant to New York
Town Law, Section 230-a.
Location: Ford's Road
(Private Road No. 9),
Southold, NY; subject parcel
bounded on the north, east and
south by Lavinia; southwest
, by Wittmer; west by Krupski,
Comm. of Welfare, and
Crane; County Tax Map
Parcel No. 1000-87-1-13.
7:55 p.m. Appli?ation for
ANDREW PAFyri~ oy Inland
Homes, Inc. as agent, 315
Westphalia Road, Mattituck,
NY for a Variance to the
Zoning Ordinance, Bulk
Schedule, Article III, Section
100-31 for permission to
construct one-family dwelling
with an insufficient rearyard
setback at 1800 Gillette Drive
East, East Marion, NY;
bounded north by Manor
Grove Corp.; west by J & M
Reuter; south by Ruggiero;
east by Gillette Drive East;
County Tax Map Parcel No.
8t~.'00 ;.~. Applicati?..n. f~r
GUS KYRKOSTAS by winiam
B. Smith as agent, Mechanic
Street, Southold, NY for a
{Variance for approval of
access pursuant to New York
Town Law, Section 280-a.
Location Right-of-Way off the {
north side of Main Road, ]
Orient, NY; subject parcel~
being bounded on the north by
the Bay; west by Wilsberg;
south by Reuse; east by
Demarest; County Tax Map
~arcel No. 1000-13-2-4.
NICHOLAS W. IPPOLITO by
Gary Flanner Olsen, Esq.,
Main Road, Mattituck, NY for
a Variance to the Zoning
Ordinance, Bulk Schedule,
Article III, Section 100-31 for
addition with reduced
rearyard setback at 235 Carol
Road, Southold, NY; bounded
north by Stachtiaris; west by
VIP Inns; south by Hass; east
by Arshamomaque Pond;
County Tax Map Parcel No.
1000~52-2-7.
0:10 p.m. Application of
BRIGITTE GIBBONS. 3475
Ole Jule Lane, Mattituck, NY
for a Variance to the Zoning
Ordinance, Bulk Schedule,
Article III, Section 106-31 for
permission to construct
addition to dwelling with an
insufficient sideyard area at
3475 Pie Jule Lane, MatUtuck,
NY; bounded north by
Schiller; west by Battersby;
south Ole Jule Lane; east by
Wilsherg; County Tax Map
Parcel No. 1000-122-5-20.
8:15 p.m. Application for
NORTH FORK BANK &
TRUST COMPANY by Wick-
ham, Wickham & Bressler,
P.C., Main Road, Mattituck,
NY for a Variance to the
Zoning Ordinance, Bulk
Schedule, Article VII, Section
100-71 for permission to
construct drive-in banking
facility with canopy extending
into the frentyard area at the
Mattituck Shopping Center,
Nortk Side of Route~ 25,
Mattituck, NY; bounded north
by Bethany Cemetery As~ec;
west by Factory ArgUe;
south by Ardprop Inc. and
Main Road; east by New
Bethany _Cemetery; C~untY'
Tax Map Parcel No. 1000-142-
1-26.
8:25 p.m. Application for
MR. AND MRS. DONAI,D
SHAW by Environment East
Inc., 3075 Indian Neck Lane,
Peconic, NY for a Variance
for approval of access, New
York Town Law, Section 280-a.
Location: Rights-of-Way
located off the east side of
Jackson's Landing Road
(referred to as Miller's,
Young's and Wick's Rights~of-
Way), Mattituck, NY; subject
parcel known as 10~0 Private
Road #15 [Wick's Road];
hounded on the north by
Manns; east by Manes, R-O-
W, and ,_Roundtree; south by
Howard s Branch of Mattitucx
Creek; east by Schipani,
Davis and McCarthy; and
Rohren; County Tax Map
Parcel No. 1000-11,141-15.
Any persona desiring to be
heard on any of the above
applications should appear at
the time and place indicated.
Dated: October 9, 19~2.
BY ORDER OF
THE SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P. GOEHRINGER
CHAIRMAN
By Linch F. Kowalski,
Secretary
1TO14-4675
/] oy ~tuth~; L~unty Tax
~.P_arcel Nm 10~-t17.5-33.
· 7:50 p.m. AppliCation of
\ JOSEPH D. BURRUANO, 39
/ Salem Road, Rockville Centre,
N.Y. 11570 for a Variance for.,.
approval of access pursuant to
New York Town Law,, Section
280-a. Location: Ford s Road
(Private Road No. 9), South-
old, N.Y.; subject parcel
bounded on the north east and
south by Lavinia; southwest by
Wittmer; west by Krupski,
Comm. of Welfare, and Crane;
County Tax Map Parcel No.
1000-87-1.13.
7:55 p.m. Application for
ANDREW PAFITIS by Inland
Homes, Inc. as agent, 315
Westphalia Road, Mattltuck,
N.Y. for a Variance to the
Zoning Ordinance, B u 1 k
Schedule, Article II1, Section
100-31 for permission to con--
struc~ one-family dwelling ~-'
with an insufficient rearyard'
setback at 1800 Gillette Drive
East, East Marion, N.Y.;
bounded north by Manor
Grove Corp,; west by J&M
Reuter; south by Ruggiero;
east by Gil]erte ~)rive ~_mst;
County Tax Map Parcel No.
A000-35-3-22.
/' 8:00 p.m. Application for
/GUS KYRKOSTAS by William /
LB. Smith as agent, Mechanic ff
\Street, Southold, N.Y. for a [~
}Variance for approval of access ~k
]pursuant to New York Town
~/ Law, Section 280-a. Location ~'
'\ Right-of-Way off the north [
~side of Main Road, Orient,
JN.Y.; subject parcel being
] bounded on the north by th~..
[Bay; west by Wilsberg; south
[ by Reese; east by Demarest;
{. County Tax Map Parcel No.
8:w p.m. Application for
NICHOLAS W. IPPOLITO by
Gary Flanner Olsen. Esq.,
Main Road, Mattituck, N.Y.
for a Variance to the Zoning
Ordinance. Bulk Schedule, Ar-
ticle I11, Section 100-31 for
perrhission to construct addi-
tion 'with reduced rearyard
setback at 235 Carol Road,
Souff~old, N.Y.; bounded north
by Stachtiaris; west by VIP
Inns; south by Haas; east by
Arshamomaque Pond; County]
Tax Map Parcel No. 1000-52-
2-7. ,L
8:10 p.m. Application of
BRIGITTE GIBBONS, 3475
Ole $~le Lube, Mattituck, N.Y.
for a ]Variance to the Zoning
Ordirtance, Bulk Schedule, Ar-
tiele~lll, Section 100-31 for
permission to construct addi-
tion to dwelling with an in.
sufficient sideyard area at
3475 Ole Jule Lane, Matti-
tuck, N,Y.;~bounded north by
· - Schiller; west by Battersby
south Ole .tale Lane; east by
Wilsberg;r County Tax Map
Parcel No. 1000-122-5-20.
8:15 p.m. Application for
NORTH FORK BANK --
TRUST COMPANY by Wick-
ham. Wickham & Bressler,
P.C., Main Road, Mattituck,...
N.Y. for a Variance to the
Zoning Ordinance, B u I k
Schedule, Article VII, Section
100-71 for permission to con-
~-~2-.~ struct drive-in banking facility
..!. ~! ~ with canopy extending into the
~.~ frontyard area at the Matti-
v~_."~?~- tuck Shopping Center North
d;~':-_._~_~ $ ~e o,f Route 25, Mattituck
Copies of Legal Notice for 10/21/82 to the following on
or about 10/13/82:
Mr. and Mrs. Martin Suter
Mr. Garrett A. Strang as agent
Rudolph H. Bruer, Esq. for Alexander Gaston
Mr. and Mrs. Ralph L. Armbrust
Mr. William J. Jacobs, Builder for Michael and Annette Collins
Joseph D. Burrano, Esq.
Mr. Robert Hiltz, Pres., Inland Homes, Inc., for Andrew Pafitis
Mr. William B. Smith as agent for Gus Kyrkostas
Gary Flanner Olsen, Esq. as attorney for N. Ippolito
Mrs. Brigitte Gibbons
Wickham, Wickham & Bressler for NFBTC
Mr. Garrett A. Strang for NFBTC
Mr. Peter Stoutenburgh as contractor for Mr. and Mrs. Donald Shaw
Mr. and Mrs. Charles Ward
Suffolk Times, Inc.
L.I. Traveler-Watchman, Inc.
Town Clerk Bulletin Board
Supervisor and Town Board members
ZBA Members
Individual ZBA files
CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT--THIS INSTRUMENT SHOULD BE USED BY LAWYERS OHLYo
NOTE: FIRE LOSSES. This ro~m o[ conl~ct cont~:~Js no expze~ pmv~s~on as to risk o~ loss by Hie o~ other casu~ty
fore delivery of the deed. g~css express p~ovision is made, the provisions of Section 5-1311 of thc General
Obligations ~v w~l apply. This seclion ~so places risk of loss upon purchaser if title or possession is transferred
prior to closing.
~tlSAGREEMENT, madethe 27th dayof AUGUST ,n~eteenhundred'and eighty two
BETWEEN
GUS KYRKOSTAS and JULIE KYRKOSTAS, his wife, both residing
at 30-03 72nd Street, Jackson Heights, New York
here~a~erdescfibedasthegHe~d
Fed. Rep. of Germany
OTTO ZAPF, Oelmuehlweg 33b, 6240 Konigstein,
hereinafter descried as the purchagr,
WITNESSETH, tint tho seller agrees fo seU Md convey, and the purchaser agrees to purchase, all that cea~n plot, piece
orpa~celofland,~Rgg~gZ~]f~alc'2~ti~~situate, lyingandbeingi~ in
description as set forth in Schedule A annexed hereto and made a part
hereof.
It is understood that the closing date concerning this transaction is
on or before the /~/gday .of ~,¢c.~ t 1982, it being understood that
time is of'the essence of this contract. It is specifically understood
that in the event that the PURCHASER fails to close title for any
reason whatsoever prior to said date, that the SELLER shall have the
option of terminating this transaction within one (1) week of said date
or to grant additional time 'to consummate this transaction, at the
option of said SELLER.
It is understood that the contract deposit hereunder, in the event of
such termination by the SELLER, shall be returned to the PURCHASER,
and further tbat there shall be no claim by the PURCHASER for any costs
of title examination or other charges related t~ this particular
transaction as against the SELLER.
It is understood that'as'part of said transaction, there shall be
a purchase money mortgage in the sum of SEVENTY FIVE THOUSAND ($75,D00)
DOLLARS, with the PURCHASER as Mortgagor and the SELLER as Mortgagee.
It is understood that said mortgage shall bear, interest at the rate of
~E~VE (12%) PERCENT per annum, which interest shall be 'paid in full
at the time of the full payment of the aforesaid bond and mortgage in
the sum of SEVENTY FIVE THOUSAND ($75,000) DOLLARS. It is specifically
understood that said mortgage shall contain a provision whereby same
can not be paid until on or after January 15, 1983, and further that
same shall be paid in full on or before the 31st day of }~rch, 1983.
It is understood that said Purchase MonwBond'and Mortgage shall be
prepared by the attorney for the Seller, and that all. costa concerning
such mortgage shall be paid by the Seller at the time of title
closing, including mortgage tax, recording fees for said mortgage,
and an attorneys fee to SELLER'S attorney in the sum of
ell ril'ht, l;lte and i.terest, if :my. of the seller in and to any land lying in rite bed cf any sheet, road
CI.us. 8 il
New Yo~k
Clnuse 9 is
omi.ed if
New
2. il~.¢pric~ '1%'~0 HU~;Oi(ED S£V£{;TY FIVX
~9 ~ lO, O00)i)olla:s, payable as
n*EN~ SEVEN THOUSAND FIVE HUNDRED ($27,500) .......... DOLORS
. ON~ I!U~ED ShVE~ ~THOUSAND FIV~HU~RED($172,500) ...........
~ cash or good certified check to the order of the seller on the delive~ of ~e deed as here~after
by tak{ng tiff: subject to a mortgage now a lien on said premises Jn ~t amount, bear~g interest at t-
rate of per cent per annum, the principal bdug due aud pa~able
SEVEN~ FIVE THOUSA~ ($75,000)
by ~e purchaser or assigns executing, acknowled~ng and delivering to the seller ~ bond or, at tho option of~o seller, a
seculed by a purchase money first mortgage on the above premises, in ~at amount, payabI~ o~ .or
after January 15, 1983, and prior to March 31, 1983
together wi~ ~terest at ~e rate of 12~ per ce
~r~numpayab[e upon sattmfact'ion of the mortgage.
3. ~y bond or note ~d mortgage to be given hereunder shall bo drawn on ~e standard forms of New York Board of
Underwriters for mortgages of l~e lien; and shall be drawn by file attorney for the seiler at the expenso of the pu~cha
who ~all also pay the Inort~ge recording t~ and recording fee~
4. Ifsu~ purchase money mortgages to be a subordinate mortgage on the premises it ~all ~d, that it sh~l be sub.
sious thereof a~ to ~y mortgage or ~nsolidated mortgage w~ be placed on the premises in lieu
and to any exte~ns thereof provided (a) th~ the interest rat~Ihe~OF~hall n~ be ~ealer than ~r r
per annum ~nd (b)~at, if the pr~cipal amou~ th~o[sh'alr exceed the amount~f principal oMng and unpaid on ~
existing mortgage at t~ time of placingj~rtgage or consolidated mortga~the e~eess be paid to the hollo-
SUCh purchase money m~age in teducti0n of the prlRcipal thereof. Such p~rchaae m~ortgage shall alto provide
..... ~,luc tna~ulo llOlOer mereol WlU, o~d~mand and without c~rge ther~[or, execute, ~c~owledge
aeuver ~yagreeme~,i or agree~nts further t~ effectuate such subordination.
5. If l~ere be a mortgage on the premises the seller agrees to deliver to the purchaser at the time of delivery of~e
proper certificate executed and acknowI?g~,d by tbe,h~lder of such mortgage and ia form for recording, certifying as to
.mnount of the unpaid principal find inter=st [.tereon, aa,e of maturity thereof aud rate of interest thereon~ and the Seller.
pay the fees for xecording such certificate. Should the mortgagee be a bank or other institution as deBned in Section 27
Real Property Law. the mortgagee may. in lieu of the said certificate, furnish a letter signed by a duly authorized
or employee, or ageut, containing ~e information required to be set f~rth in said certificate. Seller represents that >
mortgage will not be in default at or as a result of the de iye~ of the deed hereunder and that neilher Said mortgage, ncr:
m~ification thereof contains any provision to accelerate payment, or to 'change any of the other te~s or
· ereof by reason of the delive~ of the deed herennd~r.
6. Said premises are sold and are to be conveyed subject to:
a. Zoning re~lations and ordinances of the city, town or v~lage in which th* premises lie which are not violated
exgting structures.
b. Consents by ~e seller or any former owner ofpremlses for the erection of any structure or structures on, under
abo~e any sfreet or streets on which said premises may abut.
c. Encroachments of stoops, areas, cellar steps, trim and cornices, if any. upon any street or ~way.
d. Any state of fact an accurate su~ey may sh~, provided same
does not render title unmarketable.
7. ~I notes or notices ofviolations of law or municipal ordinances, ordeis or [eqairemefits noted in or issued by the
ments of tlous~g and Buildings, Fire, Labor, }teEth, or other State or Munic/p~ Department having jurisdiction, against or
affecting the premises at the date hereo[ shall be complied with by the selle~ and the premises shatl be conveyed free ot
the same, and this provision of this contract shall sumive delivery of the deed hereunden The seller shall furnish the put
chaser with an au~orization to make the necessary searches therefor.
8. ~l obligations RffectJng the premis~incurred under the ~ergency Repairs vrovision f the Admhfi v
of the Cty of New~~~;~ ....... ~x. · _. _ ~I strat c Cod.
, ..... ~ ~ ,. ~.;_ -7~:7.- ~ y.~J~.) prior to the aenv~ ot the deed shalF~d discharoed b.' the sq-
,~ upon me agnvery ot tl~eeu. ~ Ins provision~Lgll survive t he delivery~the deed' · ~ o a ,
9. If, at the time of the delivery of the deed, the premises or any part thereof shall be or shall have been affecled by an
assessment or assessments which are or may beet':ne payable in annual iustalhnents, of which lhe first installment is tl~en
chaqle or lien, or has been paid, theq for the pu:'poses of this contract all the unpaid installments of any such assessment
including those which are to become dne and payable after fl~e delivery of the deed, shall be deemed to be dne and payable
and to be lien~ upon the premises afi%cted lhereby and shall be paid and discharged by the seller, upou the deliv*~
of the deed·
10. The following are to be apportioned:
.(a).Rent~_and.xvhe~lle~b~w~ ~ n :.~. (c) Preminms on existi,g lransferable insurance policies or re-
newals of those expiri.g prior to the closing. (d) Taxes :md sewer rents, if any, on the bJsis of the fiscal year for Whkh
1 I. If the closing o[ the title shai~ occur before rite tax rate is fixed, the apportionment of t~xes shall be upon the basis
of the tax rate for th,: next preceding year app!h:d to th~ latest a~sessed val.ation.
13. 'Ii,calved ~hallbethc .smd Bargain/.~;ale with Covenant against Gra~tor$~ Act.
deed ~ iwoper fiatutory ~boa titan for tecgrd and ~ball be duly %xecoted and ackuowledged ~o as ~o couvey to the pur-
cbaset thc fee simple Gl Ibc said p~emise~ hca of all cs~ctm~b~anccs, except as herein stated, and shall ctmlai, the coven:mt
~eqokcd by sobdivision 5 of Section 13 of thc Lien l.aw.
If the seller is a coq,oration, it will ddivcr to II~c porchascr at Iht time of the delivery of ll~e deed hereunder a resolution
its Board of Directors authorizing thc sak and delivery of the deed,and a cc[tificatc by the Secretary o~ A~sistaul Secretary
of the co~poration cc[.tifying such resolution and setting forth fi~cts showing that lh~ conveyance is in confotmily with thc
IcquiTements of Section 009 of the Business Corporation Law. The deed in soch case shall coutain a tccihtl stffficicnt
establish compliance with said section.
14. At the closing of thc title the sclle~ sbail deliver to the purchase{ a cc{tiffed check to thc order of thc rectndh,g
officer of thc county in which thc deed is Io b~ recorded for thc amount of thc documentary stamps to be ad]xed
thereto in accordance with Adicle 31 of the Tax ~w, aud a certified check tu the ruder of the appwpdate
for any other tax payable by reason of the delivery of the deed. and a return, if any be required, duly ~;gncd and ~xw)m
by Ibc seller; and the purchase{ also agrees to sign and swear to the return and lo caose the check and the ~etum to be
delivered to tbe appropriate officer prmnpfly al~er the closing of title.
- , , 'baser a cart fled check to thc orde~ of t ~e Fi.ante
15. In addition, the seller shall at the same tm~c de vcr ? t.c pore, ~ , w;,to nf C a et 46 of tile Administrative
Administrator fn[ thc amount of thc Real lh'opctty Transfer ] ax unposcu u) --.,0 .......
nlations issued pugsuant to the autbofity the~col, duly s~gnea at ~ sworn to by the seller; the purchaser agr.cs t ) s g' .,
swear to the retom and to cause thc check and thc return to be delivered to the City Register promptly ;file{ thc closing of the
title. . , o .... rit~, Title & Guaranty Co.
16 The seller shall g,,e and the purchaser s.,all },c c?J ~,r d-~ x,.,,, York Board of {itle Uudetwnters, wul app,ove and
re u~able title co~a~r~'''
Or othe~ P . . . . es of fl~e examination of ll e tRle to said were-
17. All st ms paid on account of this contract. ~nd tl!~' rca~%~?J~.5~]~ liens on said ure,nises, but such lieni sh=!l not
continue after default by the purchaser unde~ tllis contract.
- r n mdenant to~r used in ~nection with said premises are
I fixtu and atucles of personal I ,petty attached o ~1 .... , ....e; ~eret] stated and arc mcludi~ m
I~; ~1.'ed t;~aed by ,be seller, .all heg~oa~c~,'~;~L~; personal property mclu~e.plum~,¥,
,~re ,....:.~,~,,, ~-itino t ~c eenerality of tb~oregomg~: . .. ~;;~'-~e~,erato{s radio and televmon aermts,
baflwoom and kllclleU ~ ' ~-, ' ~-~L"a ...... i~% ...... s sbrubb~[v ann outaoo[ sta
boxcs, storm d~rs, mail bo~catner vanes, nagputc~,~...v , -
19. T m amount of any unpaM t,x. : . ants. ~ a~.,,~/tgless thar two business days after the hate or cios,ng r ,
discharge, with.tim interest and penaut{cs thereon to
may at time option of the seller be allowed to the purcbaser ont of thc balance of the purchase pdce, provided official bills
therefor with inteiest and penalties tbe{eon figured to said date are furnished by thc seller at the closing. ·
charge, the sellc~ Y Y P .... '' "' ' ' ' ' ' "~' -"" ' "" *
simultaueoualy either deliver to the purchaser at tbe cb)sing of
~ · · 'ost of recording or filing said instruments; or, provided tyt
such liens and encumbrances o~ r~c:td~c~,.~ iel,',~,,~ovcd by thc purdmser ,n advance of clos,n~: selleff
seller has made arrangements ~tn me ..c c~.q~fron,t,,-irelthv it to insnre obtaining and the recoroing ot suc.
said company snfficient momcs, acceptable to ..u .--s ..... : and encumbrances, or with inst. ano
. - . · · iscs. The urchaser, if request is made within a reasouable time prior
and ibc issuaacg of title insurance to the purchaser eilher free of any snch lieus
aoa nsf enforcement of same out ot tbc ms?r, cd ?~.4~i~o .o~rate ceaificd checks as requested, aggregating tbs.
tg ti e date ot closing of title, agra? to pryv ~ a~ "~ffZ~:;~d,, ,~t nnv s cb liens or encumbrances The exmtence
of tim balance of the purchase price, to ~acmtam tll~ ~a~b ............. . _U' '
such taxes or other liens and encumbrances shall not be deemed objections to title if the seller shall comply with the fore
oin ie uircmcnts. . . L _.~ ........ --~,avino ~ame$ the same
g g q ......... ~ ....:-ao~eme bankruvtcies or otl~er returns agams~ u~.~,.~-o-,,.__ .E ....... h ;.aoment
or similar to thal of the seller, the seller wm on requg~. ~
bankruplcics or other returns are not against the seller.
22. In the event that the seller is unable to convey title in accordance with the terms of this contract, the so~e liability
. F~ed b the New York Board of Title Underwriters, and the n
the seller will be to rdfund to the purchaser the amount paid on account of the purchase price and to pay
cmt of any saucy made ,n connecUo~ t?ere~'~'~Ec~ n¥~idea neretozore ~< ~ o ...... S
~,isgqntractshallb~de~e~e°4 r c .... ynA~ R. McGLYNN, ESO
~ L~,u~e .~ "~e~ver~ u~on tK~ r~cqipt of sai~,payments at the omce ot '~r about
60 ~ RO ......... m~ at ...... ocloc<on ~ -
in no event ~ater man ~ctl~l ~ - .... u~a lu~ Wm. B. SmLtM t~e broke~ w
24. ~he parties agree that ~orth ~o~R Ag~Cy,MUzn~a ~'~
btou~Raboutthissaleandtheselleragrecstopayanycommi~ionearnedthereby~aS p~r Separ~t~
' and a reemeutsheretofore had between the parties hereto
~5. It is understood and agreed that all undetstandm? .' g '%ir a~feement, and that the same is entered into af
~erge~ in tbis contract, which alone fldly and completely expresses ,- ~ embodied in this contract, made by
. · ' o said remises and is thorou~ly acquainted with their condi0
full investigation, neither party relyingupon any statement or representation, not
other. ~he purchaser has ,n~C~c'q tb~2pi~J~'~t~tZZdn'~ and ~dbicct to ,casonabl: us~. wear, tear, ~nd natural demi,
and agrees to take title "as m ann in fuel[ p,. ...... dltl
tion bctween the date Ibelco[ and ibc closing of title.
26. This agreement may not be chan~ed or tcmfinatcd or~ly. ~c stipulations aforesaid a~e to apply to and bind
heirs, cxcculors, administrators, itlcccsso{s all~ u~igns of tile ~cspective publics.
I[ be construed as if it read se P ' -
;';a WiTN.~S ~HEREOF, lhis a,,cemen' has been duly executed by~pa,i,cs ~/' -~~~
In picsence of:
RIDER to contract dated 27thday of August, 1982
between GUS KYRKOSTAS and JULIE KYRKOSTAS, his
wife~ as SELLERS, and OTTO ZAPF
as PURC}L~SER.
It is understood that pursuant to the terms of the contract
herein, the SELLERS are selling to the PURCHASER the approximate
3.136 acres of land, which land abutts the Long Island Sound on
the north and runs on the westerly line approximately 680.27 feet
from the said water line to the southerly line of said pro~ert~
~ It is understood that further included in the transaction_ ~
are the SELLERS rights to a 10 foot Right of Way, which runs from
the southerly line of the premises being sold herein, and goes to
the northerly line of the premises which are being retained by
the SELLERS, and are not included in this contract of sale, the
said premises being approximately 2.232 acres, and which run along
Main Road, also known as Kings Highway for a distance of 236 feet,
this being the southerly line of the premises being retained by/
k~he SELLERS.
....... ~ ~at as ~art of the transaction herein, th~
SELLERS shall grant to the PURCHASER stmultaneoulS~ w~th the ~
~osing of t~ - f ~
. 'tl~ herein a 10 foot Right of Way, which 10.foot \
Right of Way shall parallel and run along the easterly lzne o
the premises being retained by the SELLERS, which run ~'total of
424.03 feet in a northerly direction from ~he northerly line of
Main Road, ~t being the intention of the parties that said 10 foot
Right of Way along said easterly line of said SELLERS premises
being retained, shall meet on the south with Main Road~and shall
meet with the north end of said Right of Wa~ meeting amd eontiguo~
!~ with the Right of Wayheretofore described in said contract~ /
~ which Right of is part of the sale and transaction h~rezn./
J/HAYES/KAVANAGH ~\
-~ttorney in Fact for
OTTO ZAPF, Purchaser
SECOND RIDER TO CONTRACT OF SALE, da~ed ~ugust-2?~
between GUS KYRKOSTAS and JULIE KRYKOSTAS,
his wife, as SELLERS and OTTO ZAPF
as PURCHASER.
It is understood that PURCHASER intendsto construct a single
ti family dwelling on the premises being sold, and his obligation to
ii': purchase hereunder shall be subject to his ascertaining by
October
1. That ~he R~gbt° of Way existing over the property
of the premises
immedmately south . will permit normal
That an adequate wate~ supply is available on the
premises~
~i 4. That a residential dwelling can be erected'on the
prem£ses.
I!If the lr0RCHASER after suchdtlt~ent efforts ascertains that,
~i~n fact, the above condtttonsregardzng the property her~in~an
!!no~ be met, the PURCHASER at his option may terminate ~h~s
t!eon~ract by written notice, addressed to SELLERS'attorney by
~inottce dated and sent on or before October 1, 1982. U~on such
I!~ermination, the contract deposit hereunder ~hal} be returned to
]!PURCHASER'S attorney, and all rights and obl~gatzons of the
par~i~s under the contract herein shall be considered terminated.
z~t is the intention and expression of the parties that if
~he PURCHASER finds by a credible or reasonable interpretation
~on~erntng ~he requisltes of this rider~that they are not
available to him, then i~ shall be. the sole option of the SELLER
~o so terminate this agreement.
September 29, 198~
OTTO ZAPF
The terms of the above page, SECOND RIDER. TO CONTRACT oF SALE,
ili I~fRKOSTAS to ZAPH, are hereby extended to and including December
ii 1, 1982. In each instance above where the date of October 1,
~i 1982 is set forth, same shall be considered to be amended to
!~. Dece~ 1, 1982, width all other terms as set forth on the above
I,. ~a ~e beinm he'thy;ratified and reaffirmed.
- HAYES KAVANAGH, as .~'
~LIE- KYRKOST4~S ...... . ......... ' ' '" "' ''~ "
$-28S095
Tifl~ No .........................
SCIIEDULE A
ALL t~_at certain plot, pi~e or parcel
'
~US Of the las~ course of '~ine ~sterly llne of
way hereinafter descri~°ed:.
YOUng, t%-;o 'course~ us foTlows: l). South 72 der ...... · ',
n~,; Or fo~.erly of said Louis M. Young, the tie tin~ of s~d courSa
be~rs ~uth 83 degrees, 45 minutes, 5~ zeconds East for a distance ~
feet;
TEE-"_~C~ along "4,-' land now o~ for.~r!y of
follows =
~ '- degrees, 08 ":' :'" ~ 50 S~:c~,n(~s East 1...O.-,~ ~.e~,
26 '"'"' """~'" 10 Secon,;.-'-s .,,,..sc
22 minuteS, ].0 seconds ~,st 2~'..6.07 '-m"t- 5'.~E.2'
Smith 9 6egree:.~, 30 nlinutes, 3.'3 :;econo~,:~ El::.;!; 105.25 ~:~'~' T~
Title No .........................
SCIIEDULE A
~ .:%..,C.u,:.., IX
5) South o de~ree~, 4 mi~'a~o?;. ~0 ~e_on,.k., '-,,-'~ 97,32 feet to the
_~oint o~ begining,
,',~-~,,~-.'~ ' '-' riBht of why 10 £eet in %~idth, over the !mn¢] now or
being the Westerly llne of ~-~ '~ land no%4 or for~.:er].v of Louis ~[. Young
~nd the Ensterly line of %.~hicl~ said rlghu of way is descri~:~ea as fo!i
. . · ,.~ .~.~ ,~ - ~ = -,x~,~'~-;-.-1 -~ side
side of ~ ...... }!igl~'~ny ..:L the .....
minutes
JUDITII T. TERRY
IOWN CLERK
REGIS]RAROI VIIALS[ \IISlltS
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
To:
September 29, 1982
Southold Town Zoning Board of Appeals
From: Judith T. terry, Town Clerk
Transmitted herewith is Zoning Appeal No. 3043 application of Gus Kyrkostas
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.
JTT/bn
Enclosures
Southold Town Clerk
BOARD OF APPEALS, TOWN OF SOUTHOLD
/~.,~4,dln the Mat~er of tke Petition of ~ /~ ~ l
to the Boar~of Appeals ,of the Town of Southold i
NOTICE
TO
ADJACENT
PROPERTY OWNER
YOU ARE HEREBY GIVEN NOTICE:
1. Th~!ntention 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 pr9p.~rt¥ which is:the su.bject o_f the Pet'r~a~ls Iocatpd adjacent to your p.~,eDerty and,,~ des-
cribed as follows: /~ /'~'~ .,,',Lf',/.~'/'~2~L,,/'*~ ~. _-~_ ,~c4~ /~.~f"~ .tr_ '~.~
3. That t~ro~t~ich is the subject of such Petition is located in the following zoning district:
4. That by such Petition. the undersigned will reuuest the followin~relief: ~
$. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signed are Article Secti~.~
6. That within five days from the date hereof, a written Petition requesting the relief specified above will
be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma)' then and there
examine the same during regular office hours. (516) 765-1809,
right to appear, and be he~ard at such hearing.
Dated: ?/~ ~/~ )-
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 ~ days prior to the date of such
hearing in the Suffolk Times and in the Long Island Trayeler-Mattituck Watcl~man, newspapers published in the
Town of Southold and designated for the publication of s notices! that i! ~ Y representative have the
" 34 6z, .
~IECEIPT FOR CERTIFI,
',~ NO INSURANCE COVERAGE PR
· NOT FOR INTERNATIONAL MOAViILb
__ (See Reverse)
PROOF OF MAILING OF NOTICF
ATTACH CERTIFIED MAIL RECEIPTS
ADDRESS
P34 6280754
RECEIPT FOR CERTIFIED MAIL
NO INSURANCE COVERAGE PROVIDED--
NOT FOR INTERNATIONAL MAIL
(See Reverse)
TO
STATE OF NEW YORK )
COUNTY OF SUFFOLK )
SS.:
~ ~j ~ ~ ~ , being duly sworn,'~eposes and saYs that on the ~' dav'
of ~ ~ ~.~ ,19~ .deponent ma led a true copy of the Not~ce set forth on the r~'
ve~ side he~eof, directed to each of the above-named persons at the addresses set opposite thor r~p~tive
name; that the addresses set opposite the names of said persons are the addresses of said persons as shown On
the curr~ ass~sment roi[ of the ~o~n of,S~utbold; that said Notices were mailed at the United States P~t ~-
ficeat ~~J~ /V ~¢~ ; that said Notices were mailed to each of said persons by .
(certifi~(registered) mail. -- 'f~~~- -~ ~~~
~ No~ry Public /
~I~B~H ANN N~LLE
N~A~ PUBLI~, State ~ New Y~
NO. 52-8~50, ~ff01k ~/
T~ ~i~ March 30, ~
Wilhom ES. ,.~mi[~
220 MECHANIC STREET
P.O. BOX 146, SOUTHOLD, N.Y. 11971
(516) 765-3042
MAIN ROAD & SKUNK LANE
CUTCHQGUE, N.Y. 11935
(516) 734-5657
LICENSED BROKER
WATERFRONT PROPERTIES - HOMES
LOTS & ACREAGE
ESTATE AND COMMERCIAL PROPERTIES
APPRAISING
5HO;',T EHVI ,O..,_qTAL
ASSESSMLN
-- (o) ~ order to answer the questions in this short EAF it is assumed
that the preparer will use. currently available information concerning the
project and the likely impacts of the octlo'n. It is not expected that
odd±tionol studies, research or other investigations ~'~ill be undertaken.
(b) If any question has been answered Yes the project may be
significant and o completed Environmental Assessment Form is necessary.
(c) If alt questions have been answered No it is likely that thls
project is not significant. -
(dj Env±ronmental Assessment '
~. WiLl project result in o large physical change 7 N/o"
to thc project site or physically alter more
than 10 acres of land? ................... Yes
~. wiii there be a maser change to any unique ~" VN---7O
-unusual land form found on the sit&? ....... Yes
3. ~'/ill project alter or have a large'effect on
existing body of water? .................... Yes,
4. Will project have a potentially large impact
on groundwater quality? .................... es,
5. Will project significantly effect drainage
flow on odjacenl sites? ..................... ,. Yes, ~ ~q
6. %'1ill project affect any threatened or
endangered plant or ?nlmol species? .... ~f g{ Yes
7. Will project result ino major adverse e e e
on air quell%y? ............ ¥
8. %'/ill project have a u
character of the community or scenic views or
vistas known to,be important to the community?. Yes~N. o
~. Will project adversely impact any site or ..
structure of historic, prehistoric or
paleontological importance or any site
designated as o critical environmental oreo /
10. %';ill project have o major effect on existing ' . /
or future recreational opportunities? ......... Yes,,~No
11. %~;ill project result in .major traffic problems
aL cause o major effect to existing //.
transportation systems? ....................... Yes
12. %';ill project .regularly cause objectionable
odors, noise, glare, vlbro~ion, or elec'~rlcol
disturbance cs a result of the project's /No'
Yes
? -
13. Will project /
or.safety? .................................... . Yes~/No
14. Will p~oject affect the existing community by
directly causing o growth in permanent
population of more than 5 perce9t aver a one
year period or have a major negative effect
-
on the ch~rocter o[ the coramunit7 or
neS~hborhood? .................................
15. Is there public controversy concerning the -
Re:
Southo!d Town Board
Road
Southo!d, NY 11971
A~e=l AoDlication of
Location ou
Dear Sirs:
In reference to the New York State Tidal Wetlands Land-Use
Regu!a~ions, 6 NYCRR, Part 661, and Article 25 of the New York
Sta~e Envircnmental Ccnservation Law, please be advised that the
subjec~ property iQ the within appeal application:
one oox)
May be located within 300 feet of tidal wetiands;
hcwever, constructed along the water-lying edge
of this property is a bulkhead in very good
condition and at least 100 feet in length.*
Nay b~ 'located within 300 feet of tidal wetlands;
however, constructed along the water-lying edge
of this properuy is a bulkhead in need of (minor}
(major) repairs, and approximately feet in
length.
not appear to
May be located ~-~h~n 300 ~=~e of tidal wetlands;
however constructed along the - = ~ _ ·
, ,.;a=e~-lvzng edge
of this property is a bulkhead less than 100 feet
in length.
May be located '~' ' ~
wm~nmn 300 fe=~ of tidal wetlands;
,and uhere is nc bulkhead or concrete wall existing
on the premises.
Is not located within 300 feet of tidal wetlands
to the best of my knowledge.*
[Starred items (*) indicate your property does
fal~ '= i
- wl~h_n the jurisdiction of the N.Y.S. D.E.C.]
S-..c~_~l= yours,
Y
/ · ~ 7. 5A(c)·
sc~
19.2 A(¢}
65.6 A{C)
(~ COUNTY OF SUFFOLK ~TO,,'~OF SOUTHOLD
Real Property Tax Service Agency ,,?_L,,:~C,F 0
County Center Dl,;qiCT~:t' JO00
Riverhead, L r, New York
I
'¸%
v?, ,e"
t~d~lN
, /
Y
?
T
RECEIVED
SOIJTHP MOWH PLANNING
_' S£P ? 1982
To l./v'A./