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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./