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HomeMy WebLinkAbout7160 N(ash�U�is, 1Jic Tbik Pubes rnru, moo(O 02 9 S Cev►�ral 1. 'use, tiJ4-ffi l�Co 7160 Lto "as b (�"damolf tr ryi r xl s�► sc le Z I d W d t Fnrnf aLTt setba� 4- 4r 4 4176wag b�' of d t41 erns a s{ Q4G,rZ�1 rx5' . f� SIV � has beGvi NScicd emSh . )(Yua sec- pt+,13)i9 ell)se-('5)�J iR CHECK BOXES AS COMPLETED J ( ) Tape this form to outsi D 0 D ( ) Pull ZBA copy of ND a a a ( 0) Check file boxes for pr N ( ) Assign next number or c �' outside of file folder ( ) Date stamp entire ori€ m v -u o Cn - r o file number " � � N > 0 C - rnCD - off. D C7 ( ) Hole punch entire oriE � - CD W (before sending to T.0 o z ( ) Create new index car ° rn Q o 0 0 ( ) Print contact info & to (P) , m r ( ) Prepare transmittal t o o n o ( ) Send original applicati to Town Clerk ( ) Note inside file folder o and tape to inside of f 3 ( ) Copy County Tax Map, " neighbors and AG lots ( ) Make 7 copies and put ( ) Do mailing label rn 0 COPI113( 118 — a ,)ofq 4c7p--Yes BOARD MEMBERS ®F SO Southold Town Hall Leslie Kanes Weisman,Chairperson �� �® 53095 Main Road•P.O.Box 1179 �® �® Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes y Town Annex/First Floor,Capital One Bank Gerard P.Goehringer ® �Q 54375 Main Road(at Youngs Avenue) Nicholas Planamento C®UNTY Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax(631)765-9064 RECEIVED w�FINDINGS,DELIBERATIONS AND DETERMINATION �� MEETING OF MAY 17,2018 AY 2 3 2018 e441;�i 0, �/�Q,ta(X.1.2 ZBA FILE: 7160 Youthold Torn Clerk NAME OF APPLICANT: Tou Patera Mou, LLC, Nick Moshouris PROPERTY LOCATION: 295 Central Drive, Mattituck,NY SCTM#1000-106-3-20 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 thru A 14-25, and the Suffolk County Department of Planning issued its reply dated February 13, 2018 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACTS/DESCRIPTION: The property is located at 295 Central Drive, Mattituck, SCTM#1000-106- 3-20. The overall size of the property is 10,800 square feet (.248 acre). The southerly line measures 90 feet, the westerly line measures 120 feet, the northerly line measures 90 feet and runs along Central Drive and the easterly line measures 120 feet as shown on the survey dated on November 28, 2017 by Nathan Taft Corwin. LS. The "as built" demolition is on a nonconforming 10,800 square foot lot in the Residential R-40 District. BASIS OF APPLICATION: Request for Variance from Article XXIII, Section 280-124, and the Building Inspector's December 19, 2017 Notice of Disapproval based on an application for a building permit to legalize "as built" demolition and to construct additions to a single family dwelling; 1) less than the code required minimum front yard setback of 35 feet; located at 295 Central Drive, Mattituck,NY, SCTM#1000-106-3-20. RELIEF REQUESTED: The applicant requests a variance to legalize "as built" demolition and reconstruction of an existing single-family dwelling pursuant to Article XXIII Section 280-124 which states; lots measuring less than 20,000 square feet in total size require a front yard setback of 35 feet. The applicant had received a building permit dated June 28, 2107 to construct additions and alteration to an existing single family dwelling, but as construction progressed, the dwelling was instead demolished due to termite infestation. Since the reconstruction will have a nonconforming front yard setback of 26.6 feet, instead of the permitted 35 feet, an area variance is required. ADDITIONAL INFORMATION: The variance is required for the demolition of the existing house which "exceeded the scope of the building permit." The foundation, floor joists and full basement with mechanicals of Page 2,May 17,2018 #7160,Moshouris SCTM No. 1000-106-3-20 the original one story house remain. When the walls were reconstructed, the Building Department issued a stop work order as the plans did not state "demolition." The proposed construction is consistent with the originally proposed plans. The applicant's representative submitted copies of variances granted to neighboring properties which lists nonconforming setback relief. Appeal#6202 approved 10/16/08 granted a front yard setback reduced from 35 feet to 27.5 feet and reduced rear yard from 35 feet to 22 feet as this house had two front yards (corner house). Appeal #2857 approved 11/13/81 approved an unenclosed deck reduced to 7 feet from 35 feet (corner house). Appeal #5101 approved 5/16/02 granted a front porch addition no closer than 21 feet from East Road, pool in side yard 30.9 feet and lot coverage. Appeal #6836 approved 4/25/15 granted relief for an "as built" addition to a two story dwelling from 35 feet to 32 feet. All of these appeals are in the same community as the subject property. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on May 2, 2017 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law§267-b(3)(b)(1). Grant of the variance or will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The proposed front yard setback existed prior to the demolition of the dwelling. The applicant wishes to replace the demolished dwelling in place and in kind. Non- conforming front yard setbacks are characteristic in the subject neighborhood 2. Town Law $267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The house had existed on the property with the nonconforming front yard setback, but had to be demolished because of its poor condition. The existing foundation has been utilized. 3. Town Law §267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing 24% relief from the code. However, the front yard setback of the dwelling at 26.6 feet had existed prior to the demolition and is only to a small entry porch. The dwelling itself has a front yard setback of 31 feet. 4. Town Law §267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law 4267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. The owner originally applied to the Building Department for construction of additions and alterations to a single family dwelling and received approval but exceeded the scope by demolishing the existing dwelling. 6. Town Law §267-b. Grant of or the requested relief is the minimum action necessary and adequate the minimum action necessary to enable the applicant to enjoy the benefit of a rebuilt home while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. Page 3,May 17,2018 #7160,Moshouris SCTM No. 1000-106-3-20 RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-13, motion was offered by Member Acampora, seconded by Member Weisman (Chairperson), and duly carried, to GRANT the variance as applied for, and shown on the survey prepared by Nathan Taft Corwin, III, L.S., last revised November 28, 2017 and site plan and elevations prepared by Edward P. Armus, P.E., last revised December 5, 2017 Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature, of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/or a subdivision map has not been filed with the Suffolk County Clerk,within three (3)years from the date such variance was granted. The Board of Appeals may, upon written request prior to the date of expiration, grant an extension not to exceed three (3) consecutive one (1)year terms. Vote of the Board: Ayes: Members Weisman(Chairperson), Goehringer,Dantes,Acampora, and Planamento. This Resolution was duly adopted(5-0). (�feslie Kanes Weisman Chairperson Approved for filing o�� /2018 PROJECT TITLE: �ST17—_,V7Y 077 LIST OF DRAWINGS �,� .,q . -$ _ 1.11_,�T Tm001 . 0 SITE PLAN TITLE SHEET 7 D D S A 'sem j 'Ai-ITA1.1 K, AT. C Eti IS, I-A9A-001 mOO DEMOLITION & EXISTING PLANS A. T � 'r T. F .4:4- • f 7 T 7 T � I "-, Am002m00 EXISTING EXTERIOR ELEVATIONS L-L-4 . 1. r: 0',,.'N OF h : :::-s ,, ,ti_ :, . S FFO� K C("U"T", lk IE—""" Y C P K wY J� Am003m00 BASEMENT & FOUNDATION PLAN 0 0 r'-*-3 2®r C, Ts X N o, 1 r: 0 �''ALE Am004n00 CONSTRUCTION PLAN i 4 0, tr F�7'0 -;q, f, Am005,00 ROOF PLAN 3 Am006■00 EXTERIOR ELEVATIONS ...................... ............... F!'ST Ak-,—RIC:1�N :.:: : : -M: A :;i Sm001 ■00 STRUCTURE m BASEMENT & FOUNDATION PLAN Sm002■00 STRUCTURE m FIRST FLOOR LEVEL FRAMING PLAN j. Sm003,00 STRUCTURE a FIRST FLOOR CEILING AND HEADERS Sm004m00 STRUCTURE m MAIN ROOF FRAMING PLAN PREPARED IN ACCORDANCE WITH THE MINIMUM STANDARDS FOR TITLE SURVEYS AS ESTABLISHED BY THE I-LA.L.S. AND APPROVED AND ADOPTED Sm005m00 STRUCTURE m FRAME OVER ROOFING PLAN FOR SUCH USE BY THE NEW YORK STATE: LAND kTITLE ASSOCIATION. NI Sm006.00 TYPICAL NEW YORK STATE CODE NOTES Z u 1 � Sm007.00 TYPICAL C® ECODMPLIANCE DETAILS UJI �� p. r- : t.. x. J, 'b S CP1 STO ATE MANAGEMENT CONTROL N.Y.S. Lic. No. 50467 V) "�'' " - `''"p UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF PLANS & DETAILS SECTION 7209 OF THE NEW YORK STATE if 'Pre, EDUCATION LAW. Nathan Taft Corwin III COPIES OF THIS SURVEY MAP NOT BEARING THE D SEAL OR Land Surveyor SURVEYOR'S INK EMBOSSED SEAL SHALL NOTED BE CONSIDERED TO BE A VALID TRUE COPY. CERTIFICATIONS INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED, AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND Title Surveys Subdivisions Site Plans Construction Layout LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTI- TUTION. CERTIFICATIONS ARE NOT TRANSFERABLE. PHONE (631)727-2090 Fax (631)727-1727 FINAL. OFFICES LOCATED AT WILING ADDRESS V I L J41 �0 201F THE EXISTENCE OF RIGHTS OF WAY 1586 Main Road P.O. Box 16 R E'l, E D B Y Z F3 A AND/OR EASEMENTS OF RECORD, IF Jamesport, New York 11947 Jamesport, New York 11947' COPY 0 ORIGINAL SURVEY = EIS, ING (C'0 N'D 1 T!U` NS 1 '1=20 ANY, NOT SHOWN ARE NOT GUARANTEED. SEE DE-..�iSION # 35—I DATA' VEA REM. REVISION: DATE: CE L DRIVE LOT COVERAGE CALCULATIONS: 90, *STAKES SPACED @ V MAX. STAGE PROPERTY LOT IS 90' X 120' = 10,800 X 20% 2,160 SQ. FT. OF COVERAGE ALLOWED. USE 2" x 2" 3/8") WOOD CONSTRUCTION ENTRANCE LINES &EXISTING DRIVEWAY OR EQUIVALENT STEEL 7'�3's DOB 12.05.17 =T DOB 06.13.17 (U OR T) STAKES EXISTING HOUSE IS: 930 SQ. FT. 1 1 DOB 08.16.16 SILT FENCE FOR PROJECT LOCATION: U EROSION CONTROL,AS < PROPOSED ADDITION IS: 11210 SQ. FT. < m -STAPLES Lu W CO Ui U) co z TOTAL LOT COVERAGE : 2,140 SQ. FT. ;n m 0 X Z) LLI JOINING FENCE SECTIONS z 01 z 295 CENTRAL DRIVE LU LU Lp 0 Z LL LL 0 0 co U) 0 0 MATTITUCK, NY 11952 0 0 (L 8' MIN. 16'-3" EL 6--10" IT-10 3/4" L 12'-7 1 6' 7.5' RROPOSED ADDITION ADDITION PROPOED SIDE YARD SIDE YAJ ID SETBACK SETBAC I OISED OMBI ED) TME NEW MUD PR PSED SUPPORTS PORCH NEW DORMERS DRAWING TITLE: ABOVE 3 No z FABRIC FENCE > TITLE SHEET to Q C) Y. Li 02 EXISTING 1 STORY FRAME HOUSE TO BE za LL REFRAMED ON EXISTING FLOOR PLATFORM 0 0 0 0 FILL PROJECT NUMBER: z 0) COMPACTED ROPOSED 1 STORY ci FRAME ADDITION BACKFILL SLOPE DRAWN BY: CHECKED BY: UNDISTURBED 14.5' GROUND cli EXISTING 1e TOE ANCHOR 00 TRENCH NAME: GARAGE DEMOLISHED 16 24'-8 1/2 12'-71/4" NAME: PROPOSED 14.5" NEWTERRACE ADDITION PROPOSED 4' ON GRADE SIDE YARD STATE REGISTERED ENGINEER: 0 SETBACK < NEW YORK m (28'-10 1/4" COMBINED) Uj U) SOIL STOCKPILE LINCENSE NUMBER: NAME: AREA W 3 1' ELEVATION VIEW 10.3' EXISTING g 0? FRAME SHED DEMOLISHED --------------X------------X o Aft N SIGN AND SEAL EROSION CONTROL m SILT FENCE DETAIL 11 DRAWING NUMBER: PROPOSED SITE PLAN 1/1611 1 INO �mn LA T-001 . 00 PAGE NO. PROJECT TITLE: il L i i - L - -1 I� I _ w L ; L 1 TIT T 1 f I I I.T1I. 1' 1 11 11 =` _ �� 71 -I i_ L - - - - - - - - s_ _ - r- •�" _I � 11 1 I I1 i i f :,- - -T- - -Z _S_ - Z - -- - r- I A- I I f Am 0 n 2098 1 EXISTING NORTH ELEVATION SCALE: 1/4"=l '-O" 2 EXISTING WEST ELEVATION SCALE: 1/4"=l '-O" ZONING BpARDOFAPPEli REVISION: DATE: 2 DOB 06.13.17 1 DOB 08.16.16 FINAL P.,*',AP PROJECT LOCATION: REV4E�`O BY ZBA SEE DE C,_ 295 CENTRAL DRIVE �;����z � �(� �S MATTITUCK, Nle 11952 TI 1 1 L - 1=LI;TT7.I T C I I 1 DRAWING TITLE: -i T Iy�1 1� EXISITING ELEVATIONS PROJECT NUMBER: ® DRAWN BY: CHECKED BY: _ z r z NAME: NAME: 8 B -zs�?zrls - _T 1STATE REGISTERED ENGINEER: r ? NEW YORK LICENSE NUMBER: 00000 SIGN AND SEAL DRAWING NUMBER: A-002 , 00 3 EXISTING SOUTH ELEVATION SCALE: 1/4"=1 '-0" 4 EXISTING EAST ELEVATION SCALE: 114"=1 '-0" PAGE N0. PROJECT TITLE: 35'-6"TO SETBACK 4'-9 Y" r, 191-0" �, 19'-0" TOP OF RIDGE TOP OF RIDGE 19'-0" TOP OF HIP 12 12 9 �9 9._0" 91-0" 7_1RAFTER SPRING LINE RAFTER SPRING LINE Z-100orl ,iE 01.0" AN r7=7777M. -------------- FINISH FLOOR FINISH FLOOR I I I � I I I . . • s� --------------- � L-------------- I --- ---------- ----------------J I----- 7------ L---------------- 1------- I I J -------- ---------- r F-L------- ---IrL------- -------- L---------- --------- L---------- ----------J u;;;., . -7((,;,,) 0 RECE[N IF JAN 2 D 201F 1 NORTH ELEVATION SCALE: 3116"=1 '-0" 2 WEST ELEVATION SCALE: 3116"=1 '-0" ZONING GOARUUFAPPEnjA. REViEV%!r.-7r, q' ZBA REVISION: DATE: SEE DECISION # DATED 35'-6"TO SETBACK 2 DOB 06.13.17 1 DOB 108.16.16 PROJECT LOCATION: 4'-9 Y2" 295 CENTRAL DRIVE MATTITUCK, NY 11952 19'-0" 191-0" TOP OF RIDGE 12 TOP OF RIDGE Q 3.5 DRAWING TITLE: 12 15'-7" EE /0000 9DORMER SPRING LINE 12 9 EXTERIOR ELEVATIONS 0000/ a 9'-0" 91 0" PROJECT NUMBER: RAFTER SPRING LINE RAFTER SPRING LINE - - NAME: • � — --- --- — ------------- — ----- ---- 0'-0" NAME: — 01-01, — ---- - - -- FINISH FLOOR NV FINISH FLOOR STATE REGISTERED ENGINEER: NEW YORK LICENSE NUMBER: 00000 I i I I I I I I I Ian ----------- I � I --------------� F -----------1 ------- I - r -------------- I L--------- L-------- I ------J L---------------- I I I I I F ------ --------'� F —I L---------- ----------J L---------- SIGN AND SEAL DRAWING NUMBER: A-006 - 00 3 SOUTH ELEVATION SCALE: 3116"=1 '-0" 4 PAGE N0. EAST ELEVATION SCALE: 3116"=1 '-0" SURVEY OF FINAL MAP LOT 157 REVIEWED I BY ZBA BLOCK >2 MAP OF CENTRALDRIVE SEE DErI�' [�N # D CAPTAIN KIDD ESTATES DATED f �� FILE No. 1672 FILED JANUARY 19, 1949 e SITUATE 7r MATTITUCK 4° V d d EDGE OF PAVEMENT � ° d d v° a — — — S 8 00930" E FENCETOWN OF SOUTHOLD OVERHEAD WIRES_ 90.00' UTILITY � — a.3E. ` SUFFOLK COUNTY, NEW YORK FOUND 3S.C. TAX No. 1000- 106-03-20 LAMP MON. 0.3'.E.E. POST O I 3, i / FOUND CONC. MON. SCALE 1 "=20' a N I o JULY 20, 2015 U U I O NOVEMBER 28, 2017 UPDATE SURVEY Z I O o n ^I ELECTS SERARY RVICE N I BRICK STOOP 6c STEPS AREA = 10,800 sq. ft. ^ ^ 0.248 ac. _16.2' � 36.0' 6.7 CER TIFIED TO: amo 12.9' FIRST AMERICAN TITLE INSURANCE COMPANY o HOUSE NICK MOSHOURIS ( �� a (UNDER CONSTRUCTION) U RECEIVEIJ� / p z 36.2' IJAN 9, 9 �Op N o Off" a � BONING EiOAltp OF APPEALS o O PREPARED IN ACCORDANCE WITH THE MINIMUM STANDARDS FOR TITLE SURVEYS AS ESTABLISHED BY THE L.I.USE AND APPROVED AND ADOPTED W 24.7, FOR SUCH USE K STATE LAND 12.9' TITLE ASSOC ®F 3 AFT n # LOT 157 rn O 46 CHAIN LINK FENCE N.Y S. Lic. No 50467 FENCE N O.L.N./S. 0.4"E, CHAIN LINK FENCE UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF FENCE SECTION 7209 OF THE NEW YORK STATE N III FRAME SHED 0.2"S. O.L.E. W, EDUCATION LAW. Z ss°00'30°' W N Nathan aft Orwin W 90.00' COPIES OF THIS SURVEY MAP NOT BEARING L OR LOT 1 64 z w EMBOSSED SEAL STHE LANDOHALL INOTDBEECONSIDERED Land Surveyor w TO BE A VALID TRUE COPY. LOT 163 HEREONRUN Z LOT 162 ONLY I TOATHE SPERSONTED FOR WHOM THELSURVEY ' IS PREPARED, AND ON HIS BEHALF TO THE Z TITLE COMPANY, GOVERNMENTAL AGENCY AND Title Surveys — Subdivisions — Site Plans — Construction Layout LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTI- TUTION. CERTIFICATIONS ARE NOT TRANSFERABLE. PHONE (631)727-2090 Fox (631)727-1727 OFFICES LOCATED AT MAILING ADDRESS THE EXISTENCE OF RIGHTS OF WAY 1586 Main Road P.O. Box 16 AND/OR EASEMENTS OF RECORD, IF Jamesport, New York 11947 Jamesport, New York 11947 ANY, NOT SHOWN ARE NOT GUARANTEED. 35-157A OA z'-( �ck COUNTY OF SUFFOLK RECEIVED �- t a* v",4-A- FEB 2 0. 2018 1�Q I hu;c�li •g,, �� ZONING BOARD OF QpEAL.S I� (d Steven Bellone As I SUFFOLK COUNTY EXECUTIVE Department of Economic Development and Planning Theresa Ward Division of Planning Deputy County Executive and Commissioner and Environment February 13, 2018 Town of Southold Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold,NY 11971-0959 Attn: Leslie Weisman Dear Ms. Weisman: Pursuant to the requirements of Sections A14-14 thru A 14-25 of the Suffolk County Administrative Code, the following application submitted to the Suffolk County Planning Commission is to be a matter for local determination as there appears to be no significant county-wide or inter-community impacts. A decision of local determination should not be construed as either an approval or disapproval. Applicant Municipal File Number Patinella, Mer& Marisa #7157 Lefkara Holding #7158 McIntosh, William& Lorraine #7159 Moshouris,Nick #7160 Very truly yours, Sarah Lansdale Director of Planning Theodore R. Klein Principal Planner TRK/cd H.LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,11th FI ■ P.O.BOX 6100 ■ HAUPPAUGE,NY 11788-0099 ■ (631)853-5191 A RECEIVECk FORM NO. 3 JAN 2 9 2018 TOWN OF SOUTHOLD BUILDING DEPARTMENT ZONING BOAR[)OF APPEALS SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL DATE: December 19, 2017 TO: Nick Moshouris 51-08 Browvale Lane Little Neck,NY 11362 Please take notice that your application dated December 27, 2016 (in conjunction with BP# 41768): For permit to legalize "as built" demolition of existing single-family dwelling at: Location of property: 295 Central Drive, Mattituck,NY County Tax Map No. 1000 - Section 106 Block 3 Lot 20 Is returned herewith and disapproved on the following grounds: The "as built" demolition, on this nonconforming 10,800 sq. ft. lot in the Residential R- 40 District is not permitted pursuant to Article XXIII Section 280-124 which states; lots measuring less than 20,000 square feet in total size require a front yard setback of 35 feet. The site plan notes a front yard setback of 26.6 feet. (Note: BP# 41768 was issued on 6/28/17 for additions and alterations to existing single- family dwelling. A stop work order has been issued for an "as built" demolition of the existing dwelling.) Authorized g atur Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. CC: file,Z.B.A. JAN 29 2018 SPEED MESSAGE To S ZONING BOARD OF APP _ Law Unice of �L11 Patricia C. Moore —c�— `� 51020 Main Road,Southold 631.765.4330 SUBJECT (0,5;6 000 S U R-a 0 t.fi //1 i6 an- /0 ro -3 DATE Cr ;Z-, E G(N. S/r� 6�e�j� o-r /�i e ` tiat' 0, Gia L�- VJ 0 a ri C � 2 SIGNEIi Rfril FC -1® WHITE-ORIGINAL CANARY-DUPLICATE 44-900•Duplicate•250 Sets RECEIVED 716 /J(l�o JAN 2 9 2018 APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS OF APPEALS ee:$ Filed By: Date Assigned/Assignment No. ffice Notes: House No. 295 Street Central Drive Hamlet Mattituck SCTM 1000 Section-106—Block 03_Lot(s)_20_Lot Size 10,800 Zone_R-40 I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED December 19,2017 BASED ON MAP DATED 11-28-17 Applicant(s)/Owner(s): Tou Patera Mon,LLC by Nick Moshouris Managing Agent Mailing Address: 51-08 Browvale Lane,Little Neck NY 11362 Telephone:-646-7390-3684— Fax#: _Email:_Nickvangogh@yahoo.com NOTE: In addition to the above,please complete below if application is signed by applicant's attorney,agent,architect,builder,contract vendee,etc.and name of person who agent represents: Name of Representative: Patricia C.Moore Esq. for(X )Owner,or ( )Other: Agent's Address: 51020 Main Road,Southold NY 11971 Telephone_631-765-4330 Fax#: 631-765-4643 Email: cmoore(a,mooreattys.com Please check box to specify who you wish correspondence to be mailed to,from the above names: ❑Applicant/Owner(s),or Authorized Representative, or ❑Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED 11-28-17 and DENIED AN APPLICATION DATED December 27,2016 Building Permit#41768 FOR: Building Permit ❑Certificate of Occupancy ❑Pre-Certificate of Occupancy ❑Change of Use ❑Permit for As-Built Construction Other: Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article XXIII Section 280-124 Subsection Type of Appeal. An Appeal is made for: E A Variance to the Zoning Code or Zoning Map. ❑A Variance due to lack of access required by New York Town Law-Section 280-A. ❑Interpretation of the Town Code,Article Section 0 Reversal or Other A prior appeal❑has,E has not been made at any time with respect to this property,UNDER Appeal No. Year (Please be sure to research before completing this question or call our office for assistance.) Name of Owner: Tou Patera Mon,by Nick Moshouris ZBA File# RECEIVED REASONS FOR APPEAL(additional sheets may be used with preparer's signature): .SAN 2 9 2018 AREA VARIANCE REASONS. ZONING BOARD OF APPEALS (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: A variance is required to reconstruct the existing house at 26'.6", measured from the entrance, and measured 31'.1" setback of existing exterior walls of the house. The Variance is required because demolition of existing house "exceeded the scope of the building permit". The existing house is a one story at 26.6 from the front property line. A building permit was issued for one story additions and alterations to the existing house. The foundation for the addition on the east side of the house was poured (addition is at 35' from front property line). The plans showed that East Wall is connected to new addition so it would come down, South Wall is all windows, and West & North walls have new window openings. During construction what remained of the existing walls were Termite Damaged and replacement was recommended by the contractor as best construction practices. The flooring and full basement with mechanicals of the one story house remains. When the walls were reconstructed the building department stopped the job because the plans did not state"demolition"(even though most of the existing walls would be replaced). The proposed construction is the same as was proposed on the plans, however, because the existing foundation is at 26.6'a variance is required in order to continue with the construction. (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue,other than an area variance, because: The foundation,walls and roof framing of the existing house is completed,the proposed addition was poured at 35' (conforming setback). It is economically not feasible to remove the existing foundation, the existing walls, and the existing roof as well as completely revise the construction drawings. The proposed house is restoring the original house but with current building products,to code,and without termite damage. (3) The amount of relief requested is not substantial because: The applicant did not wish to "demolish" the existing house. The plans show what was actually constructed. The new wood could not be cistered to the termite damaged defective structure. This was particularly difficult because so many more windows are proposed leaving very little wall framing. RECEIVED JAN 2018 �O ZONING BOARD OF APPEALS (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The improvements to the house will conform to energy standards, upgraded electrical, plumbing and all other construction standards. The existing house is being reconstructed in kind and in place with the new addition attached. The framing and roofing has been completed and the requested front yard setback variance is not substantial. It is the minimum feasible to allow the project to continue. (5) Has the alleged difficulty been self-created? ( X )Yes, or ( )No. The extent of demolition exceeded shown on the building permit. Are there Covenants and Restrictions concerning this land: " No. ❑Yes(please furnish copy). This is the MINIMUM that is necessary and adequate,and at the same time preserve and protect the character of the neighborhood and the health,safety,and welfare of the community. Check this box( ) IFA USE VARIANCE IS BEING REQUESTED,AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure to c your rney.) Si of Appellant or Ant or-iizd Agent (Agent must submit written Authorization from Owner) Worn to efflre me thi ay of �( 0 ary ublic BETSY A. rERKINS Notary Public, State of New York No. 01 PE6130636 Qualified in Suffolk Coun.� Commission Expires JuIY 18, APPLICANT'S PROJECT DESCRIPTION RECEIVE -7 l b o (For ZBA Reference) 'JAN 2 9 208 Applicant:: Ton Patera Mon,LLC Nick Moshouris, member BONING BpARn OF APPEALS Date Prepared: January 23,2018 I. For Demolition of Existing Building Areas Please describe areas being removed: existing house located at 26.6 (porch) and 31.1 (walls of house)from street See attached plans 11. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: existing house located at 26.6 (porch) and 31.1 (walls of house)from street- demolished (exceeded the scope of renovation) and reconstructed Dimensions of new second floor: Dimensions of floor above second level: none Height(from finished ground to top of ridge): Is basement or lowest floor area being constructed? If yes,please provide height(above ground) measured from natural existing grade to first floor: III. Proposed Alterations or Interior Structural Changes without enlargement/extension (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: existing house with new addition. Number of Floors and Changes WITH Alterations: reconstructed house with addition. Continue: IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: 930 sq.ft. Proposed increase of building coverage: 1,210 sq.ft. Square footage of your lot: 10,800 sq.ft. Percentage of coverage of your lot by building area: 20% V. Purpose of New Construction Requested: Renovate existing dwelling(exceeded 50%) and addition VI. Please describe the land contour at slope %, etc.) as exist and how it relates to the difficulty in meeting the code requirement(s): Pad" Please submit seven(7)photos,labeled to show all yard areas of proposed construction after staking corners for new construction),or photos of existing building area to be altered(area of requested changes). QUESTIONNAIRE RECEn►�� (� FOR FILING WITH YOUR ZBA APPLICATION A. Is the subje t premises listed on the real estate market for sale? `JANE ,t�7 Yes No ZONING SpARU ur ANNEALS B. Are there any proposals to change or alter land contours? __7K_No Yes please explain on attached sheet. C. 1.)Are there areas that contain sand or wetland grasses? No 2.)Are those areas shown on the survey submitted with this application? WA 3.)Is the property bulk headed between the wetlands area and the upland building area? N1 I 4.) If your property contains wetlands or pond areas,have you contacted the Office of the Town trustees for its determination of jurisdiction? 14 confirm status of your inquiry or application with the Trustees: nr[ and if issued,please attach copies of permit with conditions and approved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? No E. Are there any patios, concrete barriers,bulkheads or fences that exist that are not shown on the survey that you are submitting? %) Please show area of the structures on a diagram if any exist or state none on the above line. F. Do you have any construction taking place at this time concerning your premises? If yes,please submit a copy of your building permit and survey as approved by the Building De a ent and please describe: (?j ' y 17 &6 W4z", s t PIXC G. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking,please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. H. Do you or any co-owner also own other land adjoining or close to this parcel? If yes,please label the proximity of your lands on your survey. 1. Please list present use or operations conducted at this parcel 14o Li and the proposed use f 4C)U� (ex: existing single family,proposed: same with garage,pool or other) Authorized signature and Date FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT REME3 �! 0 TOWN CLERK'S OFFICE SOUTHOLD, N. Y. JAN 2 9 201 ZONING BOARD OF APPEALS CERTIFICATE OF OCCUPANCY No. ...A..17�8.......... Date ......................AS'AHI bOr....6........ 19.....63 THIS CERTIFIES that the building located at ..... ....ZBxltx'.al-Drive..................... Street Ca.pNt Kidd Estates Mapo. ...................... Block No. ...................... Lot No. .1}1 7,......j,t.tit*61C ........................... conforms substantially to the Application for Building Permit heretofore, filed in this office dated .............................................eU91 st..29, 19.63.. pursuant to which Building Permit No: ...x".2 .'JQ dated .......................A:4 gWit....P-9.......... 19..63.1 was issued, and conforrY s to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ........ ..............�Xlxate...one..t-amione-t-wdly-Awelling................................................................................... The certificate is issued to ..DiL,w><7•• 8t& iQC�.. @...............()4Mort................................ ................ (owner, lessee or tenant) of the aforesaid building. ` H.D.Approval October 18, 1963 by R.Villa Building Inspector FORM NO.4 TOWN OF SOUTHOLD BUILDING DEPARTMENT RECEIVED `11 �jO Office of the Building Inspector Town Hall JAN Southold,N.Y. 70NING BOARD OF APPEALS Certificate Of Occupancy No. . . . . .Z!4M4 . . . . . Date . . . . . . . . .June .5. . . . . . . . . . . . . .. 199A THIS CERTIFIES that the building . . . , a c c e s q o r y, ,ga r aAe . . . . . . . . . . . . . . . ... . . . . . . Location of Property ?9.5 . . . . . . . . . . . . .Central. Driye, . , , . . . . , . . . Mattituck House No. Street 'Ham%t County Tax Map No. 1000 Section . . . . . ?PA . . .Block . . . . . .3. . . . . . . . Lot . . . . . . ?�. .. . . . . . . Subdivision . . . . . . . . . . . . . X. . . . . . . . . . . . . . . . .Filed Map No. . X . . . . .Lot No. . . . . . .X. . . . . . conforms substantially to the Application for Building Permit heretofore filed in this office dated . . .U o vq m b e r ,I�, , , , 19 P5.pursuant to which Building Permit No. 14 b 4 6 Z dated . . . . . . . .11a p p h .I�. . . . . . . . . . . 19$P. ,was issued,and conforms to all of the requirements of the applicable provisions of the law.The occupancy for which this certificate is issued is . .. . . . . . . .. .Ac.cq*dory. .gar4ge... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . The certificate is issued to . . . . . . . . . .4*pxg4s. & ATHENA PAPADOPOULOS (owner, 6KiXtD� . . .. . . .. . . . . . . of the aforesaid building. Suffolk County Department of Health Approval . . . . . . . . . . . . . . . .N VA. , , . , , , , , , , , , , , . . . . , . . . UNDERWRITERS CERTIFICATE NO. . . . . . . . . . . . . . . . . . . . . . . .4/A. , , , , , , , , , , , , , , , .. . . . . . Y:ttt4— 1� 115L.011,11L . • . . . • . . .Building Inspector Rev.1/61 FORM NO. 4 TOWN OF SOUTHOLD RECEIVED I O BUILDING DEPARTMENT JAIL 2 9 2018 Office of the Building Inspector o� Town Hall Southold, N.Y. ZONING BOARD OF APPEALS CERTIFICATE OF OCCUPANCY No: Z-32549 Date: 08/22/07 THIS CERTIFIES that the building ALTERATION Location of Property: 295 CENTRAL DR MATTITUCK (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 106 Block 3 Lot 20 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated JULY 18, 1988 pursuant to which Building Permit No_ 33270-Z dated JULY 24, 2007 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ENCLOSE AN EXISTING OPEN PORCH AS APPLIED FOR. The certificate is issued to ANDREAS & ATHENA PAPADOPOULOS (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A ELECTRICAL CERTIFICATE NO_ N/A PLUMBERS CERTIFICATION DATED N/A Au horized Signature Rev. 1/81 1 TOWN OF SOUTHOLD �og�feot,r�oGy;. BUILDING DEPARTMENT d TOWN CLERK'S OFFICE 141-CEIVED too o SOUTHOLD, NY o . :yol a� 'JAN BUILDING PERMIT TNING BOARD OF APPEALb (THIS PERMIT MUST BE KEPT ON THE PREMISES WITH ONE SET OF APPROVED PLANS AND SPECIFICATIONS UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) Permit#: 41768 Date: 6/28/2017 Permission is hereby granted to: Moshouris, Nick 5108 Bro_wvale Ln Little Neck, NY 11050 To: construct additions and alterations to existing single-family dwelling as applied for. At premises located at: 295 Central Dr., Mattituck — SCTM#473889__, -- Sec/Block/Lot# 106.-3-20 Pursuant to application dated 12/27/2016 and approved by the Building Inspector. To expire on 12/28/2018. Fees: SINGLE FAMILY DWELLING-ADDITION OR ALTERATION $994.80 CO-ADDITION TO DWELLING $50.00 Total: $1,044.80 Buil ' ector -FFot TOWN OF SOUTHOLD RECEIVED �7 l W 0 o`A BUILDING DEPARTMENT - TOWN CLERK'S OFFICE JAN 2 o SOUTHOLD, NY 20laNG BOARD ur ANNEAL BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES WITH ONE SET OF APPROVED PLANS AND SPECIFICATIONS UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) Permit#: 41561 Date: 4/24/2017 h Permission is hereby granted to: Moshouris, Nick 5108 Browvale Ln Little Neck, NY 11050 To: demolish an existing accessory garage and accessory shed as applied for. At premises located at: 295 Central Dr., Mattituck SCTM #473889 Sec/Block/Lot# 106.-3-20 Pursuant to application dated 4/14/2017 and approved by the Building Inspector. To expire on 10/24/2018. Fees: DEMOLITION $228.40 Total: $228.40 i uilding I spector AGRICULTURAL DATA STATEMENT "EIVED 7` o ZONING BOARD OF APPEALS JAN 2 9 2016 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS WHEN TO USE THIS FORM: This form must be completed by the applicant for any special use permit, site plan approval,use variance, area variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in an agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of the General Municipal Law. 1. Name of Applicant:` —W N7 2 A \1 U,L (,L C I(-C K0.S is W9,13- 2. Address of Applicant: Sk"o$ IP,&j-,v,QZ[.�- L-A "T'2r�Jj�ck Mi., t 1 3(_ta- 3. Name of Land Owner(if other than Applicant): 4. Address of Land Owner: 5. Descriion of Proposed Project: s 1 a4t:j nee "s c acs udCW6.1' 6. Location of Property: (road and Tax map number) 2 4lS CC1,� Atl'1 L�CACqSd- 7. Is the parcel within 500 feet of a farm operation? { } Yes W No 8. Is this parcel actively farmed? { ) Yes #}-No 9. Name and addresses of any owner(s) of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff, it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office(765-1937)or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS 1. v Cops'2 (�v �o l k4T-77Tu ac- n! 1 9S D- 2.2. l2 — 3. 4. 5. 6. (Please use the ba& this page if there are additional property owners) Sign Lure plicant Date Note: 1. The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement. 2. Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted for review. 617.20 RECEIVE[ `�l(P 0 Appendix B ,JAN Short Environmental Assessment Form Instructions for Completing ZONING BOARD O�APPEALS Part 1-Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1-Project and Sponsor Information z 6A Name of Action or Project: N;C M C-5"O )�r s ; T0«, P�Ane, M,, , (-LC— Project ow , (-LC— Project Location(describe,and attach a location map): Brief Description of Proposed Action: Name of Applicant or Sponsor: , /`t'� p u LLC_ Telephone: G q( , 737.9 SM /v ick- iV�b�V1UU�t`J E-Mail: PC IM CC) ea Y �s4o/h Address: 51 - e ry w.j nl, LcAzr--_ City/PO: State: Zip Code: 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: 3.a.Total acreage of the site of the proposed action? acres b.Total acreage to be physically disturbed? ,5 acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 0 5 acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ❑Rural(non-agriculture) ❑Industrial ❑Commercial m esidential(suburban) ❑Forest ❑Agriculture ❑Aquatic ❑Other(specify): ❑Parkland Page 1 of 4 5. Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? ✓ JAN 00 b.Consistent with the adopted comprehensive plan? 6. Is the proposed action consistent with the predominant charact 1 NO YES landscape? c/ 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES b.Are public transportation service(s)available at or near the site of the proposed action? c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? A10 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: J 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: V/ 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? b.Is the proposed action located in an archeological sensitive area? 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: ❑ Shoreline ❑Forest ❑/A�gncultural/grasslands ❑Early mid-successional ❑ Wetland ❑Urban & Suburban 15 Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? 16.Is the project site located in the 100 year flood plain? NO YES 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, —/ a.Will storm water discharges flow to adjacent properties? EKO❑YES b.Will storm water discharges be directed to established conveyance systems(rungff and storm drains)? If Yes,briefly describe: rkrNO❑ YES Page 2 of 4 RECEInt) 1 U0 18.Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? JAN 2 9 201E / If Yes,explain purpose and size: V/ ZONtNr,annRO 9F.APPEAL 19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes,describe: 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor MQc7k--< Date: Signature: Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a.public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 ONo,or Moderate JAN 29 201 � small to large impact impact may may ZOMMG BOARD OF APPEALS occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and cumulative impacts. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) Page 4 of 4 RECEIVEF -71(P 0 'JAN it�Si Board of Zoning Appeals Application ZONING BOARD U�APPEALS AUTHORIZATION (Where the Applicant is not the Owner) /Dv I�TE,e,� l�lov , GL� I, icy- 6,-.�CU r,6 residing at csl- D S —B ro wV a( �[1►� (Print property owner's name) (Mailing Address) L#k NOV " /I 3(0 2 do hereby authorize ��fit CAG, C 1 Y l00 (Agent) to apply for variance(s)on my behalf from the Southold Zonin Board of Appeals. (Owner Signature) (Print Owner's Name) APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: L L D�'► 6(J r rs /J �J pU (Last name,first name,middle initial,unless you are applying in floame of someone Ise or other entity,such as a J company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) RECEND Tax grievance Building Permit Variance Trustee Permit UAN 2 9 201F Change of Zone Coastal Erosion Approval of Plat Mooring ZONING BOARD OF APPEALS Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest" means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee.Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP SubmitteZthisday ot" ,20 1 -7 Signature Print Name RECEIVED AGENT/REPRESENTATIVE JAN 2 9 20, '_71 to 0 TRANSACTIONAL DISCLOSURE FORM ZONING BOARD OF APPEALS The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. `- , YOUR NAME: T`� l u e� (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Il Li aidi Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest" means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town ficer or employee owns more than 5%of the shares. YES NO If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this day o ,20 17 Signature / Print Name -71l 0 RECEIVED Town of Southold JAM 2 9 2018 LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS ZONING BOARD OF APPEALS 1. All applicants for permits* including Town of Southold agencies,shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C,the preparer of this form should review the exempt minor action list,policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program.A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered"yes",then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law.Thus,the action should be analyzed in more detail and, if necessary,modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions,it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net),the Board of Trustees Office,the Planning Department,all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM#1000-106-3-20 Moshouris AGENT: Patricia C. Moore The Application has been submitted to (check appropriate response): Town Board ❑ Planning Dept. ❑ Building Dept. ❑ Board of Trustees Zoning Board of Appeals X (not waterfront/exempt) 1 Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital construction, planning activity, agency regulation, land transaction) ❑ (b) Financial assistance (e.g. grant, loan, subsidy) ❑ (c) Permit, approval, license, certification: ❑ Type: _ Town of Southold LWRP Consistency Assessment Form 1 Nature and extent of action: demotion and reconstruction of existing dwelling Location of action 295 Central Drive,Mattituck jj� D Site acreage: 10,800 sq.ft. RECWEls Present land use: house 1 j4H 2 9 2Oi� Present zoning classification: R-40 ZONING BOARD Ur Av"EA'-S 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a)Name of applicant: Tou Patera Mon,LLC Nick Moshouris, member (b) Mailing address 51-08 Browvale Lane, Little Neck NY 11362 (c) Telephone number: (-631 ) 739-3684 (d)Application number, if any: _ Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ❑ No X If yes, which state or federal agency: DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character,preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III-Policies; Page 2 for evaluation criteria. Yes X No ❑ Not Applicable ❑ Discussion (if appropriate): renovation of existing dwelling resulted in demolition. reconstruction of existing house proposed retaining existing front yard setbacks. Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III-Policies Pages 3 through 6 for evaluation criteria Yes ❑ No ❑ Not Applicable X Discussion (if appropriate): _ Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III-Policies Pages 6 through 7 for evaluation criteria Yes ❑ No ❑ Not Applicable X Town of Southold LWRP Consistency Assessment Form 2 -1r(Po Oman DISCUSSiori (if appropriate): SAN 2 9 201? NATURAL COAST POLICIES ZONING BOARD OF APPEALS Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III-Policies Pages 8 through 16 for evaluation criteria Yes No ❑ Not Applicable X Discussion (if appropriate): Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III-Policies Pages 16 through 21 for evaluation criteria Yes ❑ No ❑ Not Applicable X Discussion (if appropriate): _ Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III- Policies; Pages 22 through 32 for evaluation criteria. Yes X No ❑ Not Applicable X Discussion (if appropriate) Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III- Policies Pages 32 through 34 for evaluation criteria. See Section III-Policies Pages; 34 through 38 for evaluation criteria. Yes ❑ No ❑ Not Applicable X Discussion (if appropriate): _ Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III-Policies; Pages 34 through 38 for evaluation criteria. Yes ❑ No ❑ Not Applicable X Discussion (if appropriate): _ PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters,public lands, and public resources of the Town of Southold. See LWRP Section III-Policies; Pages 38 through 46 for evaluation criteria. Yes ❑ No ❑ Not Applicable X Town of Southold LWRP Consistency Assessment Form 3 -11( 0 RECEIVE[) Discussion (if appropriate): no impact on public access JAN 2 9 201F WORKING COAST POLICIES ZONING BOARD OF APPEALS Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III-Policies; Pages 47 through 56 for evaluation criteria. Yes ❑ No ❑ Not Applicable X Discussion (if appropriate): _ Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III-Policies; Pages 57 through 62 for evaluation criteria. Yes No ❑ Not Applicable X Discussion (if appropriate): _ Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III- Policies; Pages 62 through 65 for evaluation criteria. Yes ❑ No ❑ Not Applicable X Discussion (if appropriate): _ Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III-Policies; Pages 65 through 68 for evaluation criteria. Yes ❑ No ❑ Not Applicable X Discussion (if appropriate): _ *copy of Town form created on 2/11/06 Town of Southold LWRP Consistency Assessment Form 4 U 01- a ti v m f + Jr S` k t #'M:�t �1 S 1 • w r i TOU PATERA MOU LLC (NICK MOSHOURIS) 295 CENTRAL DRIVE, MATTITUCK SCTM: 1000-106-3-20 _ � r i� �� 1 �'�-. 1. '� l• dr 7� i " F ti rh �. o- •. pyo K 40 TOU PATERA MOU LLC _ (NICK MOSHOURIS) _ 295 CENTRAL DRIVE, MATTITUCK SCTM: 1000-106-3-20 as `► Ak O W C'v LLAd k , at 0 f 1 4" -_ h. _Y y �. I. i' tom•,` l r • v • .'r T ■e f �.s a 't ' TYi 1 a • a J -_ .. ti/ r • .•} 1 'I14� it .♦ " Jg, ■ TOU PATERA MOU LLC 0000t. y -.� IN - i (NICK MOSHOURIS) i(�_I + . 295 CENTRAL DRIVE, MATTITUCK x f ► Tn ti sir ik `' X� SCTM: 1000-106-3-20 CUL � ,!'Mi lei �� •��► . R®-1L .• LIZ y Pit ;Zlk ► vw C - s w. b. .�'� �'hG'...- �f�''- ✓rte ',�.. ,7.w - #� 1x. Z-'{Tis` :?•: 7-• �1 � i�y'MC ti fi - rr 1, u , r^ - ! _ y - c ,L. .R • • ' r. r I�Y It f 0 JT1 t. +,�Y :•�,- 'l': �t 1 STREET �, VILLAG5 D� � ER OYJ ER �� Math a I S N E ACR. T S W .3774 TYP[; OF Bf JII.DING `1768 o SEAS. _ =�/1;��' FARM COMM. CB. MISC. Mkt. Volue A% .LAND IMP. TOTAL DATE REMARKS 9 25 +!! i o �•�; `� d O (po'0 3 a, o o ice' /3 yd- - I17.. :;.: o = 00"A A OR. _..a AGE BUILDING CONDITION _IEV= NORMAL BELOW ABOVE 9f n •� zA=• � - Acre. - Value Per Valuesi@., ~' o Acre - I i- p r � w06 LLlivi �' .a� P 332�� btces f3 i 8 • ,: � F Ob cc Wa�dland' '' CO '1 r ,.- �� •`� ` 0k'`�' ampf .: =- FRONTAGE ON WATER �r - " aillIona �- � FRONTAGE ON ROAD 90 0 e G 3 c7•--'� A�''' .�;r •^'-��•j �•: - DET o,u ss P10 . ,.- DEPTH �. - BULKHEAD �? /7-- y ota��- • _ - _�r _ =res � 1���.1�z �Z 9D9- � ?au _•et ��. SCTM # TOWN OF SOUTHOLD PROPERTY RECORD CARD )WNER STREET S VILLAGE DIST. SUB. LOT1930 R mew � y� . � ACR. REMARK �a�r - yi��� )ws o 70—a ID r L � TYPE OF BLD. �- PROP. CLASS .AND IMP. TOTAL DATEefrA 62 00 A � a 0 w z 0 0 0 0 FRONTAGE ON WATER HOUSEILOT 0 `4 BULKHEAD z TOTAL sY ...� . . ■■■■i■ ■■■■■� �!■'�■■■■■■!■ '4L ;.SwK ■■■■jL ■■ ■■■■■■■i■ice■■■■1i�■ •• ■■■■■■�1 ■■■■!■■®i■■■■■■■■IN■ MMMMMMMMMMMIMMIMIMMIMMIMI MMMEPIEFS ■i■■■EMMUMMiM■■t■■■■MIii■■■ ■■■Fgf■"76§MM IN-EMN{■M■i ■■■■■!■ - MEME■■i ■MUMMM■I■rJ■'■�■■■■■■■ _ ■I!R■0■■■i■■�I■■IZ■ilii■i■■■■■i■■ - undation Basement I'nterloir Finish Recreation Room� Dormer IL MI. 'JII%A. a < oz �� ELIZABETH A.NEVILLE,MMC �y� <ly Town Hall,53095 Main Road TOWN CLERK P.O. Box 1179 N Z Southold,New York 11971 REGISTRAR OF VITAL STATISTICS 0 • .tr Fax(631)765-6145 MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER �01 �`�� Telephone(631)765-1800 ov FREEDOM OF INFORMATION OFFICER www•southoldtownny.Zn OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: February 5, 2018 RE: Zoning Appeal No. 7160 Transmitted herewith is Zoning Appeals No. 7160 for Nicholas Moshouris The Application to the Southold Town Zoning Board of Appeals Applicant's Project Description Questionnaire Agricultural Data Statement Short Environmental Assessment Form Applicant/Owner Transactional Disclosure Form(s) Agent/Representative Transactional Disclosure Form(s) LWRP Consistency Assessment Form Notice(s) of Disapproval Board of Zoning Appeals Application Authorization Certificate(s) of Occupancy Findings, Deliberations and Determination Meeting(s) Action of the Board of Appeals Photos Correspondence- Copy of Deed(s) VT Building Permit(s) Property Record Card(s) Survey/Site Plan —Maps- Drawings Misc. Building Dept. forms (Certificate of Compliance, Housing Code Inspection, ect.) Misc. Paperwork- ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE : JANUARY 31 , 2017 ZBA # NAME OF APPLICANT CHECK # AMOUNT TC DATE STAMP RECEIVED 7160 MOSHOURIS, Nicholas 828 $500.00 FEB - 1 2018 Southold Town Clerk TOTAL $500.00 Sent via Inter-Office to Town Clerk by: ES Thank you. 1-2 • < o 7er'' 828 NICHOLAS MOSHOURIS ATE ^ �y� � PAY TO THE 7-6V O O a` /,� ORDER OF � W (/v DOLLARS ..ra CHASE 0 Morgan Chase Bank.NA www.Chase.com MEMO RR * * * RECEIPT * * * Date: 02/02/18 Receipt#: 234241 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 7160 $500.00 Total Paid: $500.00 Notes: Payment Type Amount Paid By CK#828 $50000 Moshouris, Nicholas Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Moshouris, Nicholas 51-08 Browvale Ln Littleneck, NY 11362 Clerk ID: SABRINA Internal ID,7160 PATRICIA C. MOORE Attorney at'_aw 51020 Main Road Southold, New York 11971 Tel: (631) 765-43.30 Fax: (631) 765-4643 Memo To: Zoning Board of Apeals RE: Nick Moshouris 1000-106-3-20 FROM: Patricia C. Moore, Attorney DATE:May 3, 2018 Neighboring Properties granted Variances Appeal #6201 Approved 10/16/08 : John Gatanas 445 Central Drive, Mattituck 1000-106-3-22 Existing dwelling demolished, new dwelling and accessory garage constructed. Front Yard variance reduced from 35 to 27 . 5 ' and rediuced rear yard from 35 ' to 221 . This house had 2 front yards (corner house) . Appeal #2857 Approved 11/13/81 : Demetrios & Joanne Joannides 60 Central Drive Mattituck 1000-106-3-17 Unenclosed deck reduced to 7 ` from 35 ' (Corner house) Appeal#5101 Approved 5/16/02 : Sotorius & Rany Kassapi.dis 4075 Breakwater Road, Mattituck 1000-106-3-7 Granted Front porch addition no closer than 21 ' from East Road, pool in side yard 30 9" and lot coverage Appeal #6836 Approved 4/2/15 Nako & Sose Rizo 400 East End Road Mattituck 1000-3-2 As built addition to two story dwelling from 35 to 32 ' C9 Yui Fy .,4 .pov. io-i�-off j9pogon. dole- /o-tL_ay APPEALS BOARD MEMBERS �I so � Mailing Address: Gerard P.Goehrmger.Chairman �p`� yOIO Southold Town Hall 53095 Main Road-P.O. Box 1179 Ruth D. Oliva Southold,NY 11971-0959 Jas Dinizio,Jr. CP • Q Office Location: Mic ael A. Simon O Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman oUl►m,� 54375 Main Road(at Youngs Avenue) Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS #R4FCWEN- TOWN OF SOUTHOLD Tel.(631)765-1809-Fax(631)765-9064 3 ao� E 2 l 2008 FINDINGS, DELIBERATIONS,AND DETERMINATIO MEETING HELD OCTOBER 16, 2008 Souf hold TWO Cler; ZBA#6201 -JOHN GATANAS,Applicant PROPERTY LOCATION: 445 Central Drive, Mattituck CTM 106-3-22 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. PROPERTY FACTS/DESCRIPTION: The applicant's property is a non-conforming 10,666 square foot lot in the Residential R-40 District, improved with a single-family dwelling and a detached garage.. The lot runs 65 feet along the south side of Central Drive, 95 feet along the east side of Inlet Drive, 90 feet along the southern boundary, and 120 feet along the eastern boundary. BASIS OF APPLICATION: Request for a Variance under Section 280-124, based on the Building Inspector's amended July 1, 2008 Notice of Disapproval concerning a new dwelling and accessory garage, after demolition of the existing dwelling. The new construction is proposed at less than the code-required minimum front yard setback of 35 feet and less than 35 feet from the rear lot line. RELIEF REQUESTED: - ppheant seeks variances to construct with a reduced front yard ide setback of from 35 fe t to 27.5 felt and with a reduction of the rear setback from 35 feet 22 fee , at its closest points. REASONS FOR BOARD ACTION• On the basis of testimony presented, materials submitted, and personal inspections, the Board makes the following findings: 1. Town Law § 267-b(3)(b)(3)Q). Grant of setback variances will not have an adverse environmental effect on the character of the neighborhood or be a detriment to nearby properties. The house has two front yards and faces the street from which the setback is conforming. The property is screened by hedges from Inlet Drive on the nonconforming side. 2. Town Law § 267-b(3)(b)(2) The benefit of a larger and more modern house in place of one that is to be demolished cannot be achieved by some method, feasible for the applicant to pursue,other than area variances. The lot is narrow and the proposed house will conform to the eastern side set back and be less than 48 feet wide. Page 2—October 16,2008 ZBA#601—John Gatanas Ito CTM 106-3-22 3. Town Law § 267-b(3)(b) 3). The variance relief is not substantial. The setback proposed for on the second front yard is 7.5 feet,or 21%of a reduction. The proposed rear yard setback, while it is 13 feet or 37%,is the result of a new attached garage which will replace an existing accessory garage that currently exists at less than five feet from the rear lot line boundary. 4. Town Law Section 267-b(3)(b)(5) The need for a variance was self-created only so far it is a result of a decision to replace a smaller house with a larger one on a narrow lot. 5. Town Law Section 267-b(3)(b)(4) No evidence has been submitted to suggest that grant of this relief will have an adverse impact on physical or environmental conditions in the neighborhood. 6. Town Law &267-b Grant of the relief requested is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a new house with garage on his property, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Simon, seconded by Member Weisman, and duly carried, to GRANT the variances as applied for, as shown on the December 19, 2007 survey, amended June 20,2008 by John T.Metzger, and Construction Drawing#A-1,A-4,and A-4.1 dated 7-17-08. Any deviation from the variance given such as extensions,or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses,setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Oliva (Vice Chairwoman), Dinizio, Simon and Weisman. This Resolution was duly adopted(4-0). Chairman Goehringer was absent. Rut D. Oliva, Chairwoman 10/7- /2008 Approved for Filing LOT AREA 1 use sq.. Fr. 1�o CENTRAL DRIVE S 86600'30"E 65.00' x_ FC R-25.00' 4.1'N L=39.27 aI roofed over 30 34' m O 39 20' 2]' N O O * 1 17.0' 17.0' � to 1�^ O M O DWELL N QI Lu 9.9• M 23.0' g 3 z r, ^r� 1o.s Ce O o f+-1 �n Y pdnvpe a; gar moeonry c ;0 M+I Z X19.0' stoop' O r 27.5' r, ," M1I r N .S 0 ��ferf MON vv���+++ 0.2' r n3 r� � s ah011! si) I+t.�`. N 86 00'30"W 90.00' f fy' �, ` LOT NUMBER 165 r e. NOTE: CESSPOOL, SEPTIC TANK dt WATER f t y SERVICE LOCATIONS BY OTHERS. •i1 f .' -j 4-15-2010 FINAL SURVEY 10-26-2009 FOUNDATION L ON _._....-_. rt OMM ON WMMWaf Saw H a riot M s M=M io mM PFAMW UM wa AM A VNM RMPW IM UK M"MM=11 r JOB No. 09-202 FILE No. CAPTAIN KIDD ESTATES mamma 10-SM M W Fmo4�aUA FWA mmk ""m wae'mmm iO VURMN aR Awr on"campyawmL SURVEYED FOR UWRa wMW=OR MMM iO WN MXWf s A%MAWM OF SOMM LOT NUMBER 155 7m OR M Ne vm:m cuaw r uw. MAP OF CAPTAIN KIDD ESTATES, BLK 12 Oiwwras I Naml aw t,R X ONLY M ym r0nor RM WHOM THE Nutt a�w�wa a Na WW TO W WU aoywir,aorawrxw SITUATED AT MATMVCK wear OR taxa DOMM DWM MMM NO 10 W wawa®Or i►ie QAWNM M Nn IWMUVME 70 AWROWL WWWRMM TOWN OF SOUTHOLD. SUFFOLK COUNTY, N.Y. OR WANNOXNtOMM ar rN awtY MW rot OWN0 nE uro 3UW4VWe MM SW OR SME 1 30' DATE 9-28-2009 ares ao&aw L NOT K CMR m K A WM WM Note FILED MAP No. 1872 DATE 1-19-1949 CERTIFIED ONLY TO: TAX MAP No.(REF ONLY) 1000_106--3-22 DISK 2009 HAROLD F. T RA NCHON JR. P.C. LAND SURVEYOR ? P.O. BOX 616 1888 WADING RIVER—MANOR RD. WADING RIVER, N.Y. LIC. No. 048992 63"92 -46ECEIV D HAROLD F. TRANCHON JR. PENN. LIC. No. 2115—E APR 2 3 2010 SUFF.CO.HF,ALT`ri SE?1"GE3 p NHSE SURVEY OF PROPERTY AT MATTITUCK \r + EL � a'E FN° W11 TOWN OF SOUTHOLD - _ r SU1'FOLK COUNTY, N. Y. E>o F �opoc n� 1000-106-03-22 PROPOSED BEPTK SYSI.- '^^' r•N - DH£LUNG MTn T°BEAROOMtS 1 I SCALE. 1=30' O1 LEA POOL ri £EP M)T" I frI DECEMBER 19 2007 ]'&ff sAAn catE10VEMoy 7, 2008 PROP.HSE.1fA TE1IGL OO*W TO AAD MAY 14 2004 BAf7l'F[.L 11TH aEAN SAAR SW r S, 2or roVERAr;L1 of 1000 UAL PRECAST sEPAC TANG 1 J J M)N PUBLIC ✓lAY 2f 20e f T-O F ED"WOOLS TO R{pYED OR I SAND WATER pt. I VACA.Vr --Lc >FR N STREET vv r'�•�ENr 00. TEST HOLE DATA "rte -��� 2� 'O LOT COVERAGE McOQNALD GEOSC/GNCF DECOAAM Is 2007 HOUSE AK eaow+to"a. X <k {n,-- GARAGE 16:59 sq.11. �J. oA ' LOT , aft DECK d STOOP 176 sg11. Mow nw,er sv.o;r Rr� I x5 20E'2 sq.l.: vAtA•srfowf str,rt 1 3s` I= �vwtr 2082/10666 19.5% •� s*rnc IOD . T ..f o e y q O lROYN AN SAllO S, � ^,r rr OKELLINc aA Eq ffVW sur Sova wAf TfrAvr&,A4a.Sv � 4 .Q � �;,�•;,,mmw &L Trswo sw b .27.3 ? �� ,r LOT156:r� J LM �7.f• Er, , -'• � � �� --f DWELLNG W/J 41' W• rr N fwoxn Me saes W t• n ¢ o PL9LM WATEIT MM. .L`.,c` • ~ `�; _ 1 ^-tea o FINAL MAP ! am famdlar with the STANDARDS FOR APPROVAL j _ ' AND CONSTRUCTION OF SUBSURFACE SEWAGE REVIEWED BY ZBA DISPOSAL SYSTEMS FOR SINGLE FAMILY RESIDENCESt — SEE DECISION# e)MI and will abide by the conditions set forth therein and on the + DATED�D 116/ Co Permit to construct. a-.a: "O-ar _— ` _ se�'�Braa�t Elevolions referenced to on assumed datum. Tar OF NEK. The location Of wells and cesspools shown hereon are ; I N86tiO3O•W a eery Q 90.00' a=YI '�- 5 �0S.MET2c?� from Reld Observations and or from data obtained from others. �O. ANY At7ERAMW OR A001NEWnoN TO THIS SURVEY IS A NOLAAON ,,, ,N�OT 165 GV•SECAS 7209 OF THE 209 YORK STATE £OUCAAON LAW PUBLIC WATER LOT 164 I a EXCEPT AS PER SECTION 7209-SUB&II-VON 2.ALL CERAf1CAAQNS VACANT HEREON ARE VALID FOR INS MAP AND COPIES 7HER£OF ONLY IF £ / SAID MAP OR COWES BEAR INE IMPRESSED SEAL OF THE SUj?Wr R 'f'' NO. 49618 WHOSE SIGNA7URE APPEARS HEREOV £CONIC v AREA-10,666 80. FT. LOT NUMB�_RS REFER TO BLOCK 12 MAP OF CAPTAIN (631) 765-502 x6.11) 765-1797 KIDD ESTATES"FILED IN THE SUFFOLK COUNTY CLERKS P.O. BOX 909 OFFICE ON JNUARY 19, 1949!AS FILE NO. 1672. 1230 TRAVELER STREET SOUTHOLD, N.Y. 11971 `y 07--227 TOWN OF SOUTHOLD,NEW YORK DATE.1.11.13 .Al ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 2857 by application Dated July 31, 1981 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Mr• and Mrs. Demetrios Joannides Appellant 60 Central Drive Mattituck, NY 11952 at a meeting of the Zoning Board of Appeals on September 3, 1981 the appeal was considered and the action indicated below was taken on Your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance (X) Request for a variance to the Zoning Ordinance Art. III, Sec. 100-31 1. .9d3ERrkDtK&i�P3Qt#C7�C7f14�B�}t>Elgt�XgC7�C�94A>tClt7t9Cl4XH�+Q4�C �C]PXAA4J�9i)XlQ9E4P�LiAn ( ) be granted ( ) be denied pursuant to Article .................... Section ................... Subsection ................... paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be c=X- urreKWe Public Hearing 9/3/81: Application of Demetrios and Joanne Joannides, 60 Central Drive, Mattituck, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for per- mission to construct deck/addition to dwelling with an insufficient frontyard setback at 60 Central Drive (a/k/a 3905 Breakwater Road) , Mattituck, NY; bounded north by Nolan, west by Tsounis, south by Central Drive, east by Luthers Road; County Tax Map Item No. 1000-106-3-17; further known as Cpt. Kidd Estates Map 1672, Subd. Lot 114. (SEE REVERSE SIDE) 2. VARIANCE.By,resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties or unnecessary hardship because (SEE REVERSE SIDE) (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because (SEE REVERSE SIDE) (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) (would not) change the character of the district because (SEE REVERSE SIDE) and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector( ) be confirmed ( ) be reversed. CG:lk ZONING BOARD OF APPEALS FORM ZB4 The Boara m. the following findings and deLc.L, ition: *,1000^000 Appellants by this appeal seek a variance to the zoning ordi- nance, Article III, Section 100-31 and Bulk Schedule, for permis- sion to construct a deck addition eight feet into the frontyard area from the front section of the house (not from the porch). The existing front porch extends into the frontyard from the house approximately seven feet. Applicants also propose the deck to extend into the sideyard area approximately 10 feet which is per- mitted under the rules and regulations of the zoning code. The subject parcel is a corner lot as defined in Section 100-34 of the code. The Board finds that the nature of the location of the existing dwelling lends itself to the practical difficulties of the applicants in the relief requested in this appeal. The Board does agree with the reasoning of the applicants. In considering this appeal, the Board determines that the variance request is not substantial; that the circumstances herein are unique and the practical difficulties have been shown; that by allowing the variance no substantial detriment to adjoining proper- ties would be created; 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 facili- ties of any increased population; that the relief requested will be in harmony with and promote the general purposes of the zoning code; and that the interests of justice will be served by allowing the variance. On motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, that Demetrios and Joanne Joannides, be granted permission to construct deck addition to dwelling SUBJECT TO THE FOLLOWING CONDITIONS: (1) That the deck shall not exceed seven feet from the dwell- ing into the frontyard (from the front of the house) ; (2) That the deck shall not be permitted to be enclosed. Location of Property: 60 Central Drive (a/k/a 3905 Breakwater Road) , Mattituck, NY; bounded north by Nolan, west by Tsounis, south by Central Drive, east by Luthers Road; County Tax Map Item No. 1000-106-3-17; further known as Captain Kidd's Estates Map No. 1672, Subdivision Lot No. 114. Vote of the Board: Ayes: Messrs. Doyen, Douglass, Goehringer, Sawicki and Grigonis. This resolution was unanimously adopted. A J� i / &chairmanBoard of peals RECEIVED AND FILED BY T11E SOUTIiOLD TOWN CIXIK DATE/ --DOUR &- 0 10 n Clerk. Tcwn �clZd a a 16 V r � / �°� -tee — — i,v�icy "s ,e s,� APP!c 3a : A-,erxi t-1��Po 'BOARD MEMBERS rJF SID Southold Town Hall Leslie Kanes Weisman,Chairperson O�� yp! 53095 Main Road-P.O.Box 1179 O Southold,NY 11971-0959 Eric Dantesc Office Location: Gerard P.Goehringer N Town Annex/First Floor,Capital One Bank George Horning �O aim 54375 Main Road(at Youngs Avenue) Kenneth Schneider l'YCQU (� Southold,NY 11971 http://southoldtown.northfork.net RECE VED ZONING BOARD OF APPEALS �q TOWN OF SOUTHOLD AP - 8„20 Tel.(631)765-1809-Fax(631)765-9064 Southold Town Clerk FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF APRIL 2,2015 ZBA FILE: 6836 NAME OF APPLICANT:Nako and Sose Rizo PROPERTY LOCATION: 400 East Road(corner Inlet Drive),Mattituck,NY SCTM# 1000-106-03-02 SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions,without further steps under SEQRA. LWRP DETERMINATION: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACTS/DESCRIPTION: Subject property is a non-conforming 14,487 sq. ft. lot located in the R40 Zone District. It is improved with a two story dwelling. It has 74.49 feet of frontage on East Road, 105.88 feet of frontage on Inlet Drive, 120.00 feet along the north property line and 146.20 feet along the west property line as shown on the survey dated December 23,2014 prepared by Barrett,Bonacci &VanWeele,PC. BASIS OF APPLICATION: Request for Variance from Article XXIII Section 280-124 and the Building Inspector's January 9,2015 Notice of Disapproval based on an application for building permit for an `as built' addition to existing single family dwelling,at;less than the code required rear yard setback of 35 feet. RELIEF REOUESTED: The applicant requests a variance to maintain the subject as-built mud-room addition having a rear yard setback of 32+/-feet,where the code requires a minimum of 35 feet. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on March 19,2015,at which time written and oral evidence were presented. Based upon all testimony,documentation,personal inspection of the property and surrounding neighborhood,and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 5267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties.The 80+/-square foot as-built,one story unheated addition is small and unobtrusive. 2. Town Law 6267-b(30)(2).The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The mud-room addition is as-built at a non-conforming setback location which requires a variance to become legal. Page 2 of 2—April 2,20151 ZBAt16836—Rizo SCIMil1000-106-3-2 3. Town Law 4267-b(3)(b)(3). The variance granted herein is not mathematically substantial, representing 9% relief from the code. 4. Town Law 4267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law &267-b(3)(b)(5). The difficulty has been self-created. The applicant constructed the as-built mud- room addition in a non-conforming setback location without the benefit of first applying for and acquiring a building permit. 6. Town Law 4267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of maintaining the as-built one story unheated mudroom addition, while preserving and protecting the character of the neighborhood and the health,safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Schneider, seconded by Member Goehringer, and duly carried,to GRANT.the variance as applied for,and shown on the survey prepared by BBV,P.C.dated 12/23/2014 Any deviation from the survey,site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variances) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use,setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured,and/or a subdivision map has not been filed with the Suffolk County Clerk,within three(3)years from the date such variance was granted. The Board of Appeals may,upon written request prior to the date of expiration, grant an extension not to exceed three(3)consecutive one(1)year terms. Vote of the Board: Ayes:Members Weisman(Chairperson),Schneider,Horning,Dante,Goehringer.This Resolution was E ted(5-0). Leslie Kahes Weisman Chairperson Approved for filing / � /2015 Certifications Indicated hereon signify that this plot of the popery depicted hereon was mode in accordance wiihlxi;;Code of Practice for land Surveyors adopted by the New York State*Association of Professional land Surveyors. This certification is only for the lands depicted hereon and is not cedikmtion of tide,zoning or freedom /I of encumbrances. Said certifications shall run only to the persons and/or entities listed hereon and ore not transferable to additional persons,entities or subsequent owners. 11 FINAL MAP REVIEWED BY ZBA TAX 17 LLOT SEE DECISIOK#-r SECTION 99 DATED 1 a 'T 0 1 I ----------------- C 120.00, CLF I t)5 MONUMENT + 4,000~ G O.S.N 0.3'W __�� FOUND / N 83" FENCE 0.5'S CLF UNK WALL •^ MONUMENT 0.7'W # ON CHAIN ME C CRETE ONS FOUND LINE POSTS UNE 0.8'W 0.2'W O N WALL ' VINYL 0.7'S FENCE FENCE O.4'W WOOD O ON UNE a- . CONCRETE Z Z GRAIN _ FAT10' J i a INLET .jnE S 10-3 N Q tY BALCONY j. -1 24.e'r 0) 3 2 pYT 3t.2' ^ ri 7.0' rn ItsO c 2 STORYZ DWELLING W O i NO. 400 f U W O 0 CARACE = fi 36.2' 4Q4. Intl STY OZ R O BALCONY _ p dl, r' SMAS FENCE ii < v = 103` » i m LOT 0 u i CLF 104 I Z arae a LINE ON z �x o a o 53 P rnCID W n < M NE o = :n WATER 0 0 METER IQ WALL ® vI •� LION PILLAR AS, WOWALL N LINE UNE O.3'W ��vY � CATE CHAIN LINK FENCE A CONCRETE ® N oe 00�30'� � PAVEMENT RECEIVED C7 74.49 JAN 13 2015 EAST ROAD ZONING BOARD OF APPEALS suRVEY LOT AREA=14,487 SQUARE FEET. vow: sil"v>:v The offsets or dimensions sha%n from structures 10 the property lines are for a specific purpose and use,and Iherefore,are not intended to guide in the erection of fences,retaining walls, pools,patios,planting areas,additions to buildings and arty other corislruction. Subsurface and environmentot conditions were not examined or considered as a port of this survey. Easements,Rghts4Way of record,if any,are not shown.Property corner monuments were not placed as a part of this survey. n 2014 BBV PC VBarrett Tax Map: DISTRICT 1000 SECTION 106 BLOCK 3 LOT 2 BBe_. Bonacci & UwAhorizedoherdimorodd+imb L Map of CAPTAIN KIDD ESTATES on Van Weele, PC this 0I*MMsurvey is ybrk%eLIAXofiolation of iolWW Civil Engineers 175A Commerce Drive Mop Lot. 103 Map Block: 7 Surveyors Hauppauge,W 11788 T 631.435.1111 Filed: 1/19/1949 No.: 1672 County: SUFFOLK Planners F 631.435.1022 www.bbvpc.corn Situate:MAMTLXK,TOWN OF SOUIWOLD Certified to. Tide No.: Revision BY I Date 4114,sun ey map not beat- NAKO RIZO frig the land surveyors embossed SOSE RIZO seal and sigrature sfoll na be can• sdcred to be o true and satid copy Surveyed by. B.F. Drafted . J.F. docked by, Proled No.: A080395A Scale: 1"11: 30' Date: DECEMBER 23 2014 APPEALS BOARD MEMBERS°f' O�OSQFfO(�CO Southold Town Hall Gerard P. Goehringer;rChairman _ �� Gyp 53095 Main Road Lydia A.�Tortoca y P.O.Box 1179 George Horning _ . Southold,New York 11971-0959 Ruth D. Oliva _ ; d �� ZBA Fax(631)765-9064 Vincerif Orlando ''tiy;. �Ol `�� Telephone(631)765-1809 http://goutholdtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MAY 16,2002 Appl. No. 5101 —SOTORIUS and RANY KASSAPIDIS Property Location: 4075 Breakwater Road, Mattituck; CTM 106-3-7. BASIS OF APPLICATION: Building Department's February 7, 2002 Notice of Disapproval, under Zoning Code Section 100-2448, for the reason that the additions and new pool construction will exceed the code limitation of 20% lot coverage and exceed the 35 ft. front yard setbacks. AREA VARIANCE REQUESTED:. Applicants request a Variance for a proposed accessory pool structure, front porch addition to the existing dwelling at 264" at the northwest corner of the porch and 20.5 feet(20'6") at the northeasttcomer, at its closest points to the front line facing East Road. Also requested is a variance to allow a total lot coverage for all construction at 22.69 (23+-) percent. FINDINGS OF FACT The Zoning Board'of Appeals held a public hearing on this application on May 16, 2002, at which time written and oral evidence was presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevanl. PROPERTY DESCRIPTION: The applicants' property contains approximately 9,583 sq. ft. of land area, 128+- ft. along East Road and 76+- feet along Luthers (Breakwater) Road'. The property is improved with a one-story, single-family dwelling located as shown on the February 4, 1999 site map prepared by Jeffrey T. Butler, P.E. _ REASONS,FOR BOARD ACTION: In accordance with the review standards set forth in Town Law 267b-3 "area'va'riance's,"'the°Boara,has considered the benefit to the applicant if the variance is granted, as weighed,against the`detriment to the health, safety and welfare of the neighborhood and community by such grant, and determines;-that: 1. Grant of the area variance will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. ; 2. The benefit sought by the applicant cannof be achieved by some method, feasible for the applicanfto pursue, other than an area variance. 3. The relief requested is not substantial as it relates to this community of nonconforming lots. 4. The variance granted will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. No evidence has been submitted to suggest that this minor variance will have an adverse impact on physical or environmental conditions in the neighborhood. Page 2-May 16,2002 ZBA#5101—S. and R. Kassipidis (� .l�'V Pbrcel 106.-3-7 at Mattituck 5. Grant of the requested variance is the minimum action necessary and adequate to enable applicant to enjoy the benefit of the additions,while preserving and protecting the character of the neighborhood and the health, safety, and welfare of the community. BOARD RESOLUTION/ACTION OF THE BOARD: In considering all of the above factors, and applying the balancing test under New York Town Law, motion was offered by Member Orlando, seconded by Chairman Goehringer, and duly carried, to APPROVE area variances for a porch addition and accessory swimming pool, SUBJECT to the following CONDITIONS: 1) the swimming pool construction is limited in size to16'x 36'or less, and its location shall be no closer than 30'9"from the front property line facing East Road,and no closer than five feet from the westerly(side) property line at its closest point; 2) the porch addition shall be no closer than 21 feet from the front property line (facing East Road). This action does not authorize or condone any current or future use, setback or other feature of the subject property that violates the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Goeh ' er(Chairm ), ortora, Horn n dando. (Member Oliva was absent due to illne . This Res do was duly - r/ kc f. erard P. Goehdnger, Chairman 6/4/02 RECEIVED AND FILED BY THE SOUTFIOLD TOWN CLERK DATE �SI�Z HOUR $•V) Tovrn Clerk, icv a of Southold N G��S' 131 It�� EXjS( /At Wm.. 135p+166= 3 EAS ROAD s 66. 30•e J �,5°6 = 15.��e wi'�'H Poacq x 4- . • PSH EL 506+ 640 =ar�f63: aa•6a% N a,58 Pori oesrn+9 Ori STORY "' m P o�", �X%( Qh tir•io�� FRA?-E RESIOENce �p •, 825' A p : e O SECOW FWORA -LL AMMON O --I I J N 66.00 1� L� ° �tE OV 7EW�Qi�'v 0 I ' •W P�snI1D36' NB uao, v * mP�°' BGl SANITARY 0 �It r0 07 / 9� �� � D LLJ / FEss HPa<aaLU ITE FLAN SITE PLAN U) C�•6`r_ 20 10 O 20 40 60- DO 1O0 BASED ON SURVEY BY. 6RAPHIG 50ALE V,=20'-O' WILLIAM T.HOLGAN { LAND SURVEYOR I{ 41 SMITH STREET Z . BABYLON,NY 11'102 PHONE. (631)321-4T02 •. DATE. 2/4/414 6 � � ,,�'1��°J ,o� __ ��gyros '� a :�: (" APPEALS BOARD MEMBERS $QUI Mailing Address: b Ruth D. Oliva,Chairwoman �Dy� yQ�OSouthold Town Hall 53095 Main Road-P.O.Box 1179 Gerard P.Goehringer [ Southold,NY 11971-0959 James Dinizio,Jr. Office Location: Michael A.Simonl Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman �CnU 54375 Main Road(at Youngs Avenue) Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD RECEIVED Tel.(631)765-1809-Fax(631)765-9064 +(o,( q+", UE. 2 0 2W6 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JUNE 8,2006 Southold Town+`Ieri ZB File No.5888—Sotirics Kassapidis Property Location: 3975 Breakwater Road,Mattituck CTM 106-3-8 SEQRA DETERMINATION:The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type 11 category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's 10,946 square feet parcel is improved with a one story frame dwelling with garage and pool, as shown on April 4, 2005 survey (final survey January 31, 2006) prepared by Joseph A. Ingegno, Land Surveyor. BASIS OF APPLICATION: Building Department's March 7, 2006 Notice of Disapproval, citing Sections 100- 230 and 100-244, in its denial of an application for a building permit (Building Permit No. 31420 which was Issued in error), pertaining to an addition and alterations to an existing single family dwelling (and recently constructed accessory in-ground swimming pool). The reasons stated by the Building Inspector in the denial are that the existing (as-built)garage is 4 feet instead of the required 10 feet from the side yard lot line, and noting that the existing swimming pool puts overall lot coverage estimated at +/-22% instead of the code maximum of 20%. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on May 25,2006, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal Inspection of the property,and other evidence,the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicant requests that an existing garage be allowed to remain, built under Building Permit No. 31420. The setbacks of this garage building are 4.2 feet and 5.2 feet from the side yard measured at both corners. Also rioted in the Building Inspector's denial of a building permit is a new in-ground swimming pool that was added to the site, and not shown on the survey submitted to the building department. The amended survey of January 31, 2006, prepared by Joseph A. Ingegno, also indicates the as-built swimming pool increases the lot coverage to 21.3%. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections,the Board makes the following findings: 1. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicant states that the garage, proposed with a breezeway,was built to conform to the building department specifications, before the town realized a building permit (BP #31420-z was issued 912/2005) in error for a three-foot side yard setback. Although BP#31107-z was issued 5/4/2005 Nage 2-June 8,2006 ZB File No. 5888-S.Kassapldls (� CTM No. 106-3-8 /`��! for a 16' x 36' in-ground swimming pool, the applicant decided to modify the design and the overall size was increased from 576 square feet to a free-form style of 738 square feet, exceeding the 20% code limitation of lot coverage by 1.3%. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. Based on the size of the lot and the circumstances under which the construction was built,and considering the open breezeway attachment for the garage,there is no alternative. 3. The relief granted is substantial and the maximum the Board will allow. 4. The difficulty is self created,even though the agent for the applicant indicated that the Building Department was in error. 5. No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The entire subdivision of Capitan Kidd Estates is a 1948 development consisting of non-conforming lot sizes and improved with single- family dwellings, many of which are similar to the applicant's premises. The Board Is sensitive to neighboring landowner complaints, and the applicant, through their agent, agrees to construct a sound buffer (enclosure) for the pool filtering areas. 6. Grant of the relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of the new construction, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Goehringer,seconded by Member Oliva,and duly carried,to GRANT the variances as applied for,shown on survey map dated April 4,2005,amended January 31, 2006 by Joseph A. Ingegno, Land Surveyor, on the March 12, 2006 plan prepared by James J. Deerkoski, P.E.subject to the following Condition: That a sound deadening enclosure be constructed around the pool filter and the appliances associated with the filtration of the proposed swimming pool. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Oliva(Chairwoman),Goehringer,Dinizio,Simon,and Weisman. This Resolution was duly adopted(5-0). 6. Cillo uth D.Oliva 7/ /1&;/06 Approved for Filing EAST SURVEY OF ROAD LOT 113 BLOCK 8 MAP OF CAPTAIN KIDD ESTATES FILE No. 1672 MED JANUARY 19, 1949 SITUATED AT MATTITUCK TOWN OF SOUTHOLD _ SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-106-03-08 x SCALE 1"=30' LOT APRIL 4, 2005 7f �1 LOT ^ JANUARY 31, 2006 FINAL SURVEY (USESPU�NG g (USES �N MATER) AREA = 10.946.99 sq. H. '30" E DWI .,, 0.231 .99 S 86.00 ..a TNNE 128.58' i� .� ••• slrx elm or 1 :. y.� CERTIPIED T0: 00 u= eY IAN i L J SOTIRICS KASSAPIDIS cc I �I do LOT i .�• i A �cJ1 LOT C01?RA08 DATA Br"PATIO Y •P �� C/ DESCRIPTION /RA R LOT COVERAGE 41 AIMa y r ' O•.• m ���111Noun= GARAGE 1.137�a.�. 1Mff L STEPS iF�i n 0 Y N u 7 L •� t" 447 ee•B. fa R q{gU a a /L 7A• x11 •rn Vi POOL 7!4 M. e.7N 00,ot O TOOL � / A : IJ) _ _Ly 1 p TOTAL 73!y.It. I/R 3X4* CAP WIER FRAME Z SNL• X GARAGE •OM[1Nr UI dD PRFPMm N ACCOImWCE WIN THE YNOIY Uerlpu STANDARDS/OR TTOE S11RVM AS ESTABLOn aa' , (1) I FOR Br THE LIALS.Ale)A14ROM AID ADOPITL DWEWNC eOMa WIL ID rMS THE NEW VOK STATE UIM (USES PUSUC WATER) STM•0.4T. - N 86.00'30" W 1p 1r com ,�, ll '.•. .. O LOT C;1 145.09' 1 ' > pF NE P g�P�Q DWELLING rA , V ^ (USES �UC 6WATER) _ � R• T LOT .'!S. Lie.Na 49668 UN4IM1MINZM ALTEFUTION OR ADOMON EMCATM Lw. A"EWYO°` Josep gegno 9d gCTIM 7102 a'THE NEW Y1NK STATE �. 0oPE2 aD=r.=Nor W"o ^� ° °� Land Su yor EIA9055ED SFAL 9M1L NOT RE oa SIDEM ro eE A vNID TRUE ooPr. totlsxwTIo1Rs nrorATm NERIIDN SIW1.RUI IS 7 10 TIE PL7190N TTA wMDll 7NE SUNVEY PwEPAR%AND ON M OEMIP TO IIE O1E DDAe•ANx oOIOUeNMAL'AGVIC'AND 7itls Survgs—SIEddMelone — SN•Pbm — Cerr6ueum wyevt 127OR1a NLs11R1RIDN LISmm HEREON,ANO CENTRAL Ti THE".CERTI CAT Of THE lt7pp NSFO PNONE 6 J~--1' TRAL T nrtaN.ctRDTlanaa ANE NDr 1RN+sERAaE, c 3,r/27_209G Fm c631,727_1727 DRIVETHE E7DSIENCE DF NlGT15 a WAY OFFXXS LOCATED AT A64LM,eD� AND/011 EASE11EtITS OF REC09D.K 322 ROANOKE AVENUE P.D.sm 1931 ANY.NOT SHOWN ARE NOT GUARANTEED. RNERHELD,New Yak 11901 Rimheod.Nw Yak 11901-0916 25-076A BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson �rjf so 53095 Main Road-P.O.Box 1179 y> � Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor,Capital One Bank Gerard P.Goehringer �`�O • �O 54375 Main Road(at Youngs Avenue) Nicholas Planamento COW Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809-Fax(631)765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MAY 3, 2018 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971-0959, on THURSDAY, MAY 3, 2018. 1:00 P.M. - TOU PATERA MOU, LLC, NICK MOSHOURIS #7140 - Request for a Variance from Article XXIII, Section 280-124, and the Building Inspector's December 19, 2017 Notice of Disapproval based on an application for a building permit to legalize "as built" demolition and to construct additions to a single family dwelling; 1) less than the code required minimum front yard setback of 35 feet; located at: 295 Central Drive, Mattituck, NY. SCTM#1000-106-3-20. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: kimf@southoldtownny.gov Dated: April 19, 2018 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Kim E. Fuentes 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK ---------------------------------------------------------X In the Matter of the Application of AFFIDAVIT MOSHOURIS JOU PATER MOU LLC) # 7160 OF (Name of Applicant) MAILINGS CTM Parcel #1000-106-3-20 -------------------------------------------------X COUNTY OF SUFFOLK) STATE OF NEW YORK) I, BETSY PERKINS residing at Mattituck, New York, being duly sworn, depose and say that: On the 16T" day of APRIL, 2018, 1 personally mailed at the United States Post Office in Southold, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the ( X ) Assessors, or ( ) County Real Property Office , for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. (Si"a r Sworn to before me this 40\(P day of l9 P'���- , 2018 J (Notdry Public) MARGARET C. RUTKOWSKI Notary pubiic, Mate of New York No. 49t,;525 Oua lified in SuftoiK County o� Commission Expires June 3, PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. TOU PATERA MOU LLC NICK MOSHOURIS � #7160 DAVID COOPER PO BOX 16 MATTITUCK NY 11952 SCTM: 1000-106-9-2.3 (field crops) GEORGE & GEORGIA ENGLEZOS 43-43 193RD STREET BAYSIDE NY 11358 SCTM: 1000-106-3-15 290 Central Drive IRENE MOSHOURIS 2 BAY CLUB DRIVE APT 19U BAYSIDE NY 11360 SCTM: 1000-106-3-19 205 Central Drive NICHOLAS KARAGIORGOS 30-46 HOBART STREET WOODSIDE NY 11377 SCTM: 1000- 106-3-21 395 Central Drive CHRYSTALLA STAMATIS 240 CAPTAIN KIDD DRIVE MATTITUCK NY 11952 SCTM: 1000-106-3-5 DENMELETNIC FARM LLC 1845 CENTRAL DRIVE MATTITUCK NY 11952 SCTM: 1000-106-9-4.9 (field crops) ■ Postal � TM CERTIFIED MAIL ECEIPT CERTIFIED MAV RECEIPT Domestic Mail Only M Domestic Mail Only For delivery r% > 7 s g,; ., x w t} j s��a C`- t r.•,� d c, x5 ,. -0 Certified Mail Fee —0 Certified Mail Fee ru N N $ tel $ - - Extra Services pt Fees(check box,add fee as app Extra Se Ices&Fees(check box,add fee as ap priate) .+v Ln ❑Retum Receipt(hardcopy) $ y\\ m aceipt(trar�dcopy) $ _ $ Postmark ❑ r elpt lectroni $ Postmark ❑Retu Receipt(electronic) Here r'-� t^{ art' Mad Restr clad Delivery EIC ed Restricted liv gg H 1 V ❑ L F Q ❑ It Sig ture Required $ Q ❑Adu Signature Required $ 7N ❑Adult Signature Restricted rvery$ O ❑Ad Signature Restricted Delivery U i - Postage 10 Postage r, C3 1 To NICHOLAS KARAGIORG U J,, / -0 Ti DAVID COOPER C3 $ 30-46 HOBART STREET C3 $ PO BOX 16 �, E --------------- 0 r MATTITUCK NY 11952 --------------- o ��, WOODSIDE NY 1137 r� ----------------�PS Form :rr , rr rrr• -- - 11 April 2015 ,, Ir1•I• U.S. Postal Service RET CERTIFIED MAILo . U.S. Postal Servicem C3 I L Domestic Mail Only o RECEIPT rLiCERTIFIED .N s on Lnm 9 . -•0 Certified Mail Fee N l `�L ,• Ln Extra Services&Fees(check box,add fee as app da ) _ l .D Certified Mail Fee ❑Retum pt'hardcoPYI $ C ni r q ❑R rn ipt(electronic) $ C' P)H , rhe. nate) Extra Services&Fees(check box,add fee es aP❑Ce IIRe§tdcted Delivery $ Retum Receipt(hardcopy) $C ❑Adult 'gnat Requ ❑Return I (electronic) ^a Vsl 6 ❑Adult Signature Restricted Delivery \ O ❑Cartfi ell clad Delivery �r Postage - — ❑Adult Sig re wired GEORGE & GEORGIA o ❑Adult Sign re R�,d�ed Delivery C ENGLEZOS In s CHRYSTALLA STAM `^ 43-43 193`2D STREET o I 240 CAPTAIN KIDD D V �� BAYSIDE NY 11358 Is, $ MATTITUCK NY 11952 U ' rq e 0 PS Form 3800,April r15 PSN 7530-02-000-9047 See Reverse for Instructionsf r r r r r rrr•r• Postal ■ , k ■ ■ U.S. Postal Service"' r, Domestic Mail Only CERTIFIED MAILP ■ ■ M ,C) Domestic _r For delivery information,visit ouirv�site at www.usps.com'. Jn For delivery information,visit our website at-� , Certified Mail Fee �.. $ -r�\ ••0 Certified Mail Fee Ln Extra Services&Fees(check box,add fee as appro ate) .r `• 6 ) v.\ �'�j ❑Return Receipt(hardcopy) $ �� = Extra Services&Fees(check box,add fee�ast-)r q ❑Return pt(electronic) $ Posim ❑Return Receipt(hardcopy) $I3 ❑ estrictedDeivery $ Here r-� ❑Rat m Rec t(electronic) $ t'•' Postm / Q ❑Adu ignatu equlred $ i `� \\ i 0 ❑Ce ' M I estncted Delivery $ Here ❑Adult nature Restricted Delivery l / — 0 ❑Adu lure wired $ _ O Postage J 3 .) ❑Adult Si ature Restricted Delivery = $ _� 1`,, O Postage �+'• 1 i o s IRENE MOSHOURIS DENMELETNIC FARM L s o VE "' 2 BAY CLUB DRIVE APT 19U 1845 CENTRAL DRI o s BAYSIDE NY 11360 r-a MATTITUCK NY 11952 ---------------- O N PS Form 11 April 20151 1 rrr•1. See Reverse for Instructions TOU PATERA MOU LLC NICK MOSHOURIS #7160 7015 0640 0001 5426 7413 DAVID COOPER PO BOX 16 MATTITUCK NY 11952 SCTM: 1000-106-9-2.3 (field crops) 7015 0640 0001 5426 7420 GEORGE& GEORGIA ENGLEZOS 43-43 193RD STREET BAYSIDE NY 11358 SCTM: 1000-106-3-15 290 Central Drive 7015 0640 0001 5426 7437 IRENE MOSHOURIS 2 BAY CLUB DRIVE APT 19U BAYSIDE NY 11360 SCTM: 1000-106-3-19 205 Central Drive 7015 0640 0001 5426 7444 NICHOLASX KARAGIORGOS 30-46 HOBART STREET WOODSIDE NY 11377 SCTM: 1000- 106-3-21 395 Central Drive 7015 0640 0001 5426 7451 CHRYSTALLA STAMATIS 240 CAPTAIN KIDD DRIVE MATTITUCK NY 11952 SCTM: 1000-106-3-5 7015 0640 0001 5426 7468 DENMELETNIC FARM LLC 1845 CENTRAL DRIVE MATTITUCK NY 11952 SCTM: 1000-106-9-4.9 (field crops) I COMPL E THIS SECTIONON DELIVERY ■ Complete items 1,2,and 3. Signature ❑Agent ■ Print your name and address on the reverse XV ❑Addressee so that we can return the card to you. ■ Attach this card to the back of the mailpiece, by Nn ed NsmQL1 C. Date of Delivery or on the front if space permits. D. Is delivery address different from Rem 1? ❑Yes NICHOLAS KARAGIORGOS If YES,enter delivery address below: ❑No 30-46 HOBART STREET WOODSIDE NY 11377 II I'IIII IIII III I III I I I I I I I I I I I II I I III IIII 3. Service Type 0❑Adult Signature ElRegisteMail ExpressO red Maltrmm ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted 9590 9402 2472 6306 2695 35 ❑Certified Mall® Delivery ❑CartlNed Mail Restricted Delivery ❑Return Receipt for ❑Collect on Delivery Merchandise 2. Article Number(Transfer from service label) ❑Collect on Delivery Restricted Delivery ❑Signature ConrirmationT" ❑Insured Mail ❑Signature Confinnation ❑Insured Mail Restricted Delivery Restricted Delivery (over$500) Ps Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt COMPLETE ■ Complete Items 1,2,and 3. A. Signature '1111Print your name and address on the reverse E3 Agent so that we can return the card to you. l—I ❑Addressee ■ Attach this card to the back of the mailpiece, B. Received by(Printed Name) C. Date of Delivery or on the front if space permits. D. Is delivery address cliffagmAkDrn item 1? ❑Yes IRENE MOSHOURIS If YES.enterry, rp� ❑No 2 BAY CLUB DRIVE APT 19U �►5`O� �� BAYSIDE NY 11360 APR71 8 2018 IIIIIIIII IIII llllllllll IIII III 111111 III III I III 171-Adult Slanabi 3 rce iRestdctedDelivery o� =rye M Mail- Led 9590 9402 2472 6306 2695 42 ❑Certified Mall® ❑Certified Mail Res ed Delivery _ ❑ m Receipt for ❑Collect on Delivery 1/5P5 erchandise 2. Article Number(Transfer from service labeo ❑Collect on Delivery Restricts ry ❑Signature ConfinnationTM E01Insured Mail [3 Signature Confirmation ❑Insured Mail Restricted Delivery Restricted Delivery (over$5 I !r Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt ENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Gomplste Items 1,2,and 3. 7ignature ■ Prktt yotu name and address on the reverse Agent so that we can retum the card to you. Arl ❑Addressee ■ Attach this card to the back of the mailpiece, Received by(Print e) ate of Delivery or on the horst if space permits. 1.ArAdeAddreseed to: D. Is deliv iffe frpm item 1? ❑Yes iiv low: C3 No GEORGE& GEORGIA NYE e ENGLEZOS �- z 43-43 193RD STREET ` = BAYSIDE NY 11358 �y rya * ' 3. Servicers O .. l Tm Type 11 Priority Mail Express® •€, ow I)III� II1'Illlll'I'll ❑Adult Signature ❑RegisteredMailTm .:,r' 11 ❑Adult Signature Restricted Delivery 13Registered Mail Restricted 9402 2472 6306 2695 59 II ❑Certified Mail® Delivery A ❑Certified Mail Restricted Delivery ❑Retum PmxM for ❑Collect on Delivery Merchandise �,' - aXIdC6 ❑Collect on Delivery Restricted Delivery ❑Signature ConfirnationTM ❑Insured Mail ❑Signature Confirnation I ❑Insured Mail Restricted Delivery Restricted Delivery 1 over �w Domestic Return Receipt '.c TOWN OF SOUTHOLD -71 0 ZONING BOARD OF APPEALS SOUTHOLD,NEW YORK ,,V0g0W) S AFFIDAVIT OF In the Matter of the Application of POSTING �A oz>i4�2 is Liz rte e f-r cmc, Lc-c (Name of Applicants) Regarding Posting of Sign upon Applicant's Land Identified as SCTM Parcel#1000- 1 OU— 3— Z COUNTY OF SUFFOLK) STATE OF NEW YORK n I esiding at New York, being duly sworn, depose and say that: On the 2 day of Nor1 , 201 8 ,'I personally placed the Town's Official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten(10) feet or closer from the street or right-of- way(driveway entrance)—facing the street or facing each street or right-of-way entrance,* and that I hereby confirm that the Poster has remained in place for seven (7)da s for to the date of the subject hearing date, which hearing date was shown to beJr- ( ignature) Sworn to before me this Day of MH-Y , 201 2r"" A (N ary Public) MARGARET C. RUTKOWSKI Notary Public, State of New York No. 4962528 ComQualified in Suffolk eountyoiD! * near the entrance or driveway entrance o "r'j} 6 , A]l=most visible to passerby. • ,. SENDER: COMPLE4 IIS SECTION COMPLETE THIS SEC7 �WDELIVERY ■ Complete-iterrui U4,prid 3. A. Sign ■ Print your name'"address on the reverse c Agent so that we can return the card to you. Addressee ■ Attach this cans to the back of the mailpiece, \R_ec. 9y(P Name) . C. Date e' ery or on the front if space permits. V &I-� i - D. Is delivery address different from Rem 1? Yes A� DENMELETNIC FARM LLC If YES.enter delivery address below: No / 1845 CENTRAL DRIVE MATTITUCK NY 11952 ll I IIIIII I'll III i III I I I III I l I I I l IIII I I I IIII III od�ignree o reTMress® Asa Priority Mall ❑ Adult Signature Restricted Delivery ❑Registered Mail Restricted 9590 9402 2472 6306 2695 11 ❑Certified Mail® Delivery ❑Certified Mall Restricted Delivery ❑Return MerchandiseuRecpt for ❑Collect on Delivery 2. Article Number(Transfer from service labeo ❑Collect on Delivery Restricted Delivery ❑Signature ConfinnationTM ❑Insured Mail ❑Signature Confirmation ❑to I Restricted Delivery Restricted Delivery E Ps Form 381 1,July 2015 PSN 75$0-02-000-9053 Domestic Return Receipt #0002199480 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county,being duly sworn,says that she is Principal Clerk of THE SUFFOLK TIMES , a weekly newspaper, published at Mattituck, in the Town of Southold,County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 weeks(s),successfully commencing on 04/26/2018 r Principal Clerk y Sworn to before me this da of . CHRISTINA VOI.INSI l NOTARY P'U'BLIC-STATE OF NEW YORK No 01 VO61 r,5050 Qualified In Suffolk County MY COmiIMIOA txptre5 Ftrbrunry 28,2020 TYPESET Wed Apr 18 13.28:00 EDT 2018 setback of 10 feet; 2) more than the code CHAIRPERSON LEGAL NOTICE permitted maximum lot coverage of 20%;Io- BY Kim E.Fuentes SOUTHOLD TOWN ZONING BOARD cated at:440 South Lane(Adj.to Orient Har- 54375 Main Road(Office Location) OF APPEALS bor),East Marion,NY SCTM#1000-38-6-12 53095 Main Road(Mailing/USPS) THURSDAY,MAY 3,2018 11:00 A.M.-LEFKARA HOLDINGS LLC PO Box 1179 PUBLIC HEARINGS #7158- Request for Variances from Article Southold,NY 11971-0959 NOTICE IS HEREBY GIVEN, pursuant to XXII,Section 280-116A,Article XXIII,Sec- 2199480 Section 267 of the Town Law and Town Code tion 280-124, and the Building Inspector's Chapter 280(Zoning),Town of Southold,the January 16,2018,Amended February 5,2018 following public hearings will be held by the Notice of Disapproval based on an applica- SOUTHOLD TOWN ZONING BOARD OF tion for a building permit to construct addi- APPEALS at the Town Hall, 53095 Main tions and alterations to an existing single fam- Road, PO Box 1179, Southold,New York ily dwelling and to construct new accessory 11971-0959,on THURSDAY,MAY 3,2018. structures;1)less than the code required 100 9:30 A.M.-KEVIN FOOTE#7127-(Ad- feet from the top of the bluff;2)more than the joumed from February 1,2018)Request for code permitted maximum lot coverage of Variances from Article 111, Section 280-15, 20%;located at:1070 The Strand,(Adj.to the Article XXIII, Section 280-124, and the Long Island Sound) East Marion, NY. Building Inspector's October 6,2017 Notice SCTM#1000-30-2-77 of Disapproval based on an application for a 11:15 A.M.-WILLIAM AND LORRAINE building permit for additions and alterations MCINTOSH#7159-Request for a Variance to an existing single family dwelling, con- from Article IV, Section 280-18, and the struction of an accessory garage, and con- Building Inspector's November 30,2017 No- struction of an accessory swimming pool;1) tice of Disapproval based on an application additions and alterations to a single family for a building permit to construct additions dwelling located less than the code required and alterations to an existing single family minimum front yard setback of 35 feet, 2) dwelling;1)less than the code required mini- proposed accessory garage located in other mum side yard setback of 15 feet;located at: than the code required rear yard,3)proposed 395 Holden Avenue Extension,Cutchogue,, accessory swimming pool located in other NY SCTM#1000-103-13-31 than the code required rear yard;located at: 1:00 P.M. - TOU PATERA MOU,LLC, 780 Champlin Place, Greenport, NY NICK MOSHOURIS#7158-Request for a SCTM#1000-34-3-36.1 Variance from Article XXIII, Section 9:45 A.M.-TIMOTHY J.AND NANCY 280-124, and the Building Inspector's De- LEE HILL#7155-Request for a Variance cember 19,2017 Notice of Disapproval based from Article XXIII,Section 280-124 and the on an application for a building permit to Building Inspector's December 14,2017 No- legalize"as built"demolition and to construct tice of Disapproval based on an application additions to a single family dwelling; 1)less for a building permit to legalize an"as built" than the code required minimum front yard deck addition and to construct additions and setback of 35 feet; located at: 295 Central alterations to an existing single family Drive, Mattituck, NY SCTM#1000-106-3- dwelling; 1) more than the code permitted 20. maximum lot coverage of 20%; located at: 1:15 P.M. - THOMAS SIMON AND 360 Oak Avenue, Southold, NY JEANNESHANAHAN#7161-Request for SCTM#1000-77-2-2. a Variance from Article III,Section 280-15, 10:00 A.M. - 1505 BIRDSEYE ROAD, Article IV,280-19;and the Building Inspec- LLC, 7140 - (Adjourned from March 1, tor's December 4, 2017 Notice of Disap- 2018)Request for Variances from Article IV, proval based on an application for a building Section 280-18, Article XXII, Section permit to construct an in-ground swimming 280-105;Article XXII,Section 280-116;and pool; 1) located in other than the code re- the Building Inspector's November 17 2017, quired rear yard;located at: 1375 Greenway Amended November 22,2017 Notice of Dis- East,Orient,NY SCTM#1000-15-1-13 approval based on an application for a 1:30 P.M. - STEPHANIE L. TEICHER building permit to construct a new single fam- #7138-(Adjourned from April 5,2018)Re- ily dwelling and to erect deer fence at a height quest for Variances from Article XXII,Sec- of 8 feet at; 1) proposed single family tion 280-116 A(0) Article XXIII, Section dwelling located less than the code required 280-124 and the Building Inspector's No- minimum front yard setback of 50 feet, 2) vember 15, 2017, amended November 20, proposed dwelling located less than the code 2017 Notice of Disapproval based on an ap- required 100 feet from the top of the bluff;3) plication for a building permit to legalize"as- proposed deer fence more than the code re- built"additions to an existing single family quired maximum four(4)feet in height when dwelling, at; 1) located less than the code located in the front yard, located at: 1505 required 100 feet from the top of the bluff,2) Birdseye Road, (Adj. to the Long Island less than the code required minimum rearyard Sound)Orient,NY SCTM#1000 17-1-4 setback of 50 feet;located at: 6825 Nassau 10:30 A.M. - SARA LAMM AND MAT- Point Road,(Adj.to Little Peconic Bay)Cut- THEW ASELTON#7156-Request for a chogue,NY SCTM#1000 111 -15-8.2. Variance from Article III,Section 280-15 and The Board of Appeals will hear all persons the Building Inspector's December 20,2017 or their representatives,desiring to be heard at Notice of Disapproval based on an applica- each hearing,and/or desiring to submit writ- tion for a building permit to construct an ac- ten statements before the conclusion of each cessory in-ground swimming pool,1)located hearing.Each hearing will in other than the code required rear yard; not start earlier than designated above.Files located at. 1045 Orchard Street,Orient.NY are available for review during regular busi- SCTM#1000-25-2-20.22. ness hours and 10:45 A.M.-PETER PATINELLA#7157- prior to the day of the hearing. If you have Request for Variances from Article XXIII, questions,please contact our office at,(631) Section 280-124 and the Building Inspector's 765-1809, or by email KimF@ January 15,2018 Notice of Disapproval based southoldtownny.gov on an application for a building permit to Dated:April 19,2018 construct additions and alterations to an exist- ZONING BOARD OF APPEALS ing single family dwelling; 1) located less LESLIE K A N E S W E I S M A N, than the code required minimum side yard ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net April 9, 2018 Re: Town Code Chapter 55 -Public Notices for Thursday, May 3, 2018 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of The Suffolk Times. 1) Before April 16th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearing, providing the returned letter to us as soon as possible; AND not later than April 23rd: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, along with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later April 25th Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicant/agents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both front yards. Please deliver or mail your Affidavit of Posting for receipt by our office before May 1, 2018. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Ends i4CjTlt',. E CoF HEARIi4t'j The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME : MOSHOURIS , NICK # 7160 SCTM # : 1 000- 1 06-3-20 ARIANCEm YARD SETBACK REQUEST: LEGALIZE "AS BUILT" DEMOLITION BP#41768 FOR ADDS . & ALTS . SATE : THURS . , MAY 3 , 2018 1 : 00 PM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD OF APPEALS-TOWN OF SOUTHOLD (631 ) 765-1809 BOARD MEMBERS rjF S0 Southold Town Hall Leslie Kanes Weisman,Chairperson y�� yp 53095 Main Road•P.O.Box 1179 �O l0 Southold,NY 11971-0959 Patricia Acamporatt Office Location: Eric Dantes Town Annex/First Floor,Capital One Bank Gerard P.Goehringer 0 �� 54375 Main Road(at Youngs Avenue) Nicholas Planamento Mow Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax(631)765-9064 January 31, 2018 Ms. Sarah Lansdale, Director Suffolk County Department of Planning P O. Box 6100 Hauppauge, NY 11788-0099 Dear Ms. Lansdale : Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File # 7160 Owner/Applicant : MOSHOURIS, Nick Action Requested: Legalize "as built" demolition of existing single family dwelling. Within 500 feet of: ( ) State or County Road ( ) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. (X) Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Leslie K. Weisman ZBA Firp on Encls. OFFICE LOCATION: �FSOu MAILING ADDRESS: Town Hall Annex �� Tjf/O P.O. Box 1179 54375 State Road Route 25 Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) Southold,NY cn �r Telephone: 631 765-1809 G �p http://southoldtownny.gov �olyc0 �� UNTY, ZONING BOARD OF APPEALS Town of Southold May 22, 2018 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: ZBA Appeal No. 7160 Moshouris, 295 Central Drive, Mattituck SCTM No. 1000-106-3-20 Dear Mrs. Moore; Transmitted for your record is a copy of the Board's May 17, 2018 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above variance application. Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of the attached determination to the Building Department. Since ely, Kim E. 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