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HomeMy WebLinkAbout3733 �:N) : 4e Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P:GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ACTION OF THE BOARD OF APPEALS onornr PQWG nec JOSEPH H. SAWICKI Appeal No. 3733 : At a Meeting of the Zoning Board of Appeals held on July 14, 1988, the above appeal was considered, and the Action indicated below was taken on your Request for a Variance to the Zoning Ordinance, Article XI, Section 100=119.2A: Upon application of ESME AND NICHOLAS LAGUDIS for a Variance to the Zoning Ordinance, Article XI , Section 100-119.2 for permission .to locate accessory (gazebo) structure within 100 feet of the top of the bluff along the L.I. Sound, at premises known as 760 The Strand, Pebble Beach Farms Subdivision Lot #129, East Marion, NY; County Tax Map Parcel No. 1000-30-2-84. .WHEREAS, a public hearing was held and concluded on July 14, 1988 in the Matter of .the Application of ESME AND NICHOLAS LAGUDIS under Appeal No. 3733; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The property in question is identified on the Suffolk County Tax Maps as District 1000, Section 30, Block 2, 1,ot 84, is known as Subdivision Lot #129 as shown on the Pebble 'Beach Farms, Inc. Subdivision Map. 2. The subject premises contains a total area of approximately 25,800 sq. ft. and is improved with a single-family, one-story framed house with garage as more particularly shown on the June 28, 1983 survey prepared by Young and Young, L.S. (No. 82-614) . Page 2 - Appl. No 733 Matter of ESME & L .._HOLAS LAGUDI S Decision Rendered July 14, 1988 4 3. By this application, appellants propose to place an accessory gazebo structure, ten feet in diameter, a distance of 12 feet from the tie line of the average line of bluff. 4. The proposed gazebo will not have electric or other utilities, is to remain and unenclosed, is not to exceed 13 feet in height, and there will be no disturbance to the area between the bluff and the house since the gazebo will be placed upon the ground and not upon a full foundation. 5. Article XI, Section 100-119.2, subparagraph A(l) requires all- buildings -proposed on lots adjacent to the Long Island Sound to be set back not less than one-hundred (100) feet from the top of the bluff; or bank. 6. In considering this appeal, the Board finds and determines: (a) the activities required for the placement of this gazebo structure will not disturb the bluff or be adverse to the character of the immediate area; (b) the percentage of relief in relation to the requirement is substantial; however, the parcel is substandard in size. which lends to the uniqueness of this case; (c) the practical difficulties are related to the land and are not personal in nature; (d) the grant of this variance will not in turn be adverse to the safety, health, welfare, comfort, convenience, or order of the town; - (e) there is no other method feasible for appellants to pursue, other than a variance; (f) in considering all the above factors, the interests of justice will be served by granting the application, as applied for. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, to GRANT a Variance from Article XI, Section 100-119.2A of the Zoning Code for the placement of an accessory gazebo structure as applied in the Matter of Appeal No. 3733 - ESME AND NICHOLAS LAGUDIS. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen was absent due to weather conditions. ) This resolution was duly adopted. lk GERARD P. GOEHRINGER CHAIRMAN COP nD OF AP FTA.Lb J NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a -Regular Meeting at the Southold Town Hall, Main Road, Southold, NY 11971, on THURSDAY, JULY 14, 1988 at the following- times: 7:30 P.M. Appl. No. .3733: Esme and Nicholas Lag_udis. [. as riance to the Zoning Ordinance, Article XI, Section 100-119. 2 r permission to locate accessory (gazebo) structure within 100 et of the top of bluff along the L.I. Sound, at premises known 760 The Strand, Pebble Beach Farms Subdivision Lot #129, Eastrion, NY; County Tax Map Parcel No. 1000-30-2-84. 7:35 p.m. Appl. No. 3735. DINO AND LYNN ROSSINI.- Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to construct deck addition, landing and stairs near and along bluff of the L.I. Sound, at premises known as 755 Soundview Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-94-1-6. - 7:40 p.m. Appl. No. 3736. JOHN R. SCHREYER. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to construct deck addition within 75 feet of bulkhead along Peconic Bay, at premises known as. 160 Blue Marlin Drive, Southold Shores Subdivision Lot #2, Greenport, NY; County Tax Map Parcel No. 1000-56-7-20. 7: 45 p.m. Appl. No. 3738. . GEORGE BORNSCHEIN. Variances, to the Zoning Ordinance, Article III, Section 100-31, for permission to extend garage located in the frontyard area and attach same to existing dwelling, and to construct additions to square off rear of dwelling in excess of maximum-permitted lot coverage requirement, at premises known as 560 Oak Street, Cutchogue, NY; Lot #24 and one-half of #25, Map of Eugene . Heights; County Tax Map Parcel No. 1000-136-1-44. 7:50 p.m. Appl. No. 3743. . NORTH FORK GREEK COMMUNITY ASSOCIATION, INC. Special Exception to the Zoning Ordinance, Article III, Section 100-30B for permission to expand building for a Place of Worship .at premises known as 1950 Luthers Road, Mattituck, NY; County Tax Map Parcel No. 1000-106-9-6.1. 8: 00 p.m. Appl. No. 3737. JOHN and JOAN POLYWODA. Variance to the Zoning Ordinance, Article VII, Section 100-71 to construct 11' 6" x 36 ' addition (for storage) with an insuffi- cient sideyard setback at the westerly yard area., at premises known as 55560 Main Road and 20 Hobart Road, Southold, NY; County Tax Map Parcel No. 1000-62-3-2. B-1 Zone District. 8: 05 p.m. Appl. No. 3741. DOUGLAS AND ELIZABETH WHELAN. Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permission to construct addition with an insufficient setback at the easterly side of existing dwelling which has been determined by the Building Inspector to be frontyard area, at premises known as 1145 Old Harbor Road, New Suffolk, NY; County Tax Map Parcel No. 1000-117-03-8. i Page 2 - Notice of Hearings . Regular Meeting-July 14, 1988 Southold Town Board of Appeals 8: 10 p.m. Appl. No. 3748. JAMES and ELAINE KELEMBELIDIS. Variance to' the, Zoning Ordinance., Article III, Section 100-31, Bulk Schedule, for permission to extend deck with an insufficient .rearyard setback, at' premises known as 3.95 Dogwood Lane., Southold, NY; County Tax Map Parcel No. 1000-54-5-28.1 8: 15 p.m. Appl. No. 3742. : OLIVER CAMPBELL: Special Exception to. the Zoning Ordinance, Article IX; Section 100-90A for permission to construct principal building for storage purposes. in this C-1 Industrial Zone District in conjunction with sand and stockpile yard; at premises located along the west side of Cox Lane, Cutchogue, . NY; County Tax Map . Parcel- No. 1000-84-03-5 8: 25 p.m. Appl. No. 3745. JOSEPH SPITALIERE/JOHN C.W. CAMPBELL. Variance for approval of access in accordance with New York .Town Law, Section 280-a. over private right-of-way located along the east -side of Cedar Beach Drive (just south of General Wayne Inn) and extending in an easterly and thence southerly direction to parcels identified on the Suffolk County Tax. Maps as No. 1000-90-4-14 and 19. 8: 35 p.m Appl. No. 3749. STERLING IDEA VENTURES. Variance to the Zoning Ordinance, Article VII, Section 100-71, Bulk Schedule for approval of insufficient rearyard setback from the northerly property line for proposed principal building, at . premises known as 46025 C.R: 48; Southold, NY; County Tax Map Parcel No. 1000-55-2-18.1. B-1 General Business Zone District. The Board of Appeals will at said time and place hear any . . and all persons or representatives . desiring- to be -heard in each of the above matters. Written comments may also be ' submitted prior to the conclusion of the subject hearing. Each hearing will not start before the time allotted. For more information, please call 765-1809. Dated: June 27, 1988. BY ORDER OF THE SOUTHOLD TOWN BOARD OF' APPEALS . GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalski, Board Secretary ------------------=----------------------------------------------x Instructions to newspapers: Please publish on THURSDAY,'. JUNE .30, 1988, and forward 11 affi- davits of publication to-: Board of Appeals, Main Road, Soutold, NY 11971, on or before July 5, 1988. FORM NO.3 TOWN OIL SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUT110LD, N.Y. NOTICE OF DISAPPROVAL File No. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date -2 19 ,21 . To . . . . . . . . . . . . . . . . . . . . . . . . . . l'L.f;ASE'IAKE NOTICE ttt:it your application dated . . . . . . . . . . . . ., V for purniit to construct . .fin . 4-. . . . . . . . . a'!, . . . .--. . . . . . . . . . . . . . . .: . . . . . . . . . at kplocation of Property . �O. . . . . . . . . . . . . . . . . . . . . . . .¢.R-:°'�. :�. . . . House No. Street Homier County Tax Map No. 1000 Section . . . .0 .!4)P . . . . Block . . . . Wr. . . . . . I.ot 4. . . . . . . . . . Subdivision IJR n ea�i a�'"ti9 Filed Map No. a-�?4f. . . . . . Lot No. . .l a. /. . .. . . . . . . . is returned herewith and disc irov o�i the following !;rounds . . . . . . . . . . . s . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . U . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Building inspector nv ��ao ' V E ®TOWN OF SOUTHOLD, NEW YORK 01 E C E �` ':�o APPEAL FRO DECISION OF BUILDING INSPECTOR APPEAL NO. IAY 11 1988 _ � DATE .l%1�...g�......� TO THE ZO h�� (TAN � PEALS, TO N OF SOUTHOLD,' N. Y. 1, (We) ........./°� ..r�, �c �l .........��... .. . ..1 '...o.�,l. ':�............... Namd of Appellant Street-and Number P �...../ lJ .�P .............................................. � .:............HEREBY APPEAL TO AI Municipality tote THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. .................................... DATED ...NF7_'/ .. �,t� ......... WHEREBY THE BUILDING INSPECTOR NIED TO ... .............. ame of Applicant for per of .............................lT!'ll . / fTf �. ..:..11f� Street and Number Municipality l State ( ) PERMIT TO USE ( . ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY Street /Hamlet / Use ming Ma District 1000 Section BlockdLot Current Owner ............................. �. Map No. n Lot No. Prior Owner.,&V4 _ 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Par graph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article Section. 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ( ) A'VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap, 62 Cons.-Lows Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (5�0 (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance andwas made in Appeal No. ................................Dated .................................................. REASON FOR APPEAL ( )/ A Variance to Section 280A Subsection 3 ( �) A Variance to the Zoning Ordinance is requested for the reason that Form zs1 (Continue on other side) r a .REASON FOR APPEAL Continued t,, t 1. STRICT APPLICATION OF THE ORDINANCE would produce practical tdi�ffculties or unneces- sary HARDSHIP bedause I boui t the portable gazebo in Ridge, New, York in 1987, which I 6aid Three Thousand Five hundred Dollars ($3;-500:') 'I did,not-,realize at that time that it could not be placed near the bluff where I could have a nice view of the sound. . There is no other place on my property which can' be utilized as well for use of this gazebo. My neighbors have no objection of its present location since they also visit me and enjoy the gazebo and the view of the sounde, 2. The hardship created is UNIQUE and is not shared by all properties alike in the. immediate vicinity of this property and in this use district because - The reason I bought this gazebo is because of the view of the Sound. The. gazebo is .useless at any other. location on my property. 3. The Variance would observe the spirit of the Ordinance. and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because It beautifies the District and enhances my property and the neighborhood and has no detrimental effects on the District. STATE OF NEW YORK ) ss .... .... ....,... ....... .... :. ............ COUNTY OF ) 9 Swornto this ............................. ....... day of........... . . .. .. .. . ............................. 19 W ✓✓.1!�� :................... Not y Public / JOSEPH CHEREPOWICH NOTARY PUBLIC,State of New York No.4804615,Suffolk County Term Expires September 30, 1988 7W ion 3 y TOW OF SOUTHOLD - PROPERTY--RECORD CARD , _ OWNER STREET VILLAGE DIST. SUB. LOT A/1c /0 A-S C:-L GObI.S.—f /h e fax7" �a. rioh �- Pe6,� FORMER OWNER N E � 7 IS( vs Z;A Al d—� ✓ 'Q S W TYPE OF BUILDING..__.,, RES. SEAS. VL.,.r:.,.� FARM ICOMM. CB. - MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS TO Z� ao y197' .2 .)-oko s s, soo . o L , �Ef u A N T6 N, c .L A5UAis 4 Wr p s3 s Zoo y��'D:.. .�Zi ,, �L� �-1)-c)0 4 7 UU z f 23 lo�odc7 t pp ro a 3 Tillable FRONTAGE ON WATER Woodland FRONTAGE ON ROAD Meadowland DEPTH :.louse Plot BULKHEAD Total MIN■■■■■■■■■I■■■■■I■■■■■■ ■®■■■■■■■■■■■■■■■I■■■■■■MEN■■■ •. J -y''„ .'r• Nr yr°.s. � M� �X,�ii A Y` Y '. ^f-`-- - ®®■■■■■■■■■■■m��■I■■■■■■■■■■■■ YAW s ®®■�■■■����■■��II��� ■■■■■■■■■■■ IN °■■■■■■■■■■■■■■■■■■■■■■■■■■■ Foundati :. Basement .. Ext.Valls Interior Finish ire Place- Rooms • T TLE Via. ._8206- -.0077/4= 0 O} 44 �\V 0 � V ` 00� o Jp `5'Q�o o w J <OJ, ` ��, it /oo, ris'O � _,•.. p 6h' Q yVJ moo �� �" 1 9. Or �p -. j , /24 Cf _ P / 0 , wv SURVEY FOR NICK LAGUDIS JUNE 2a,19863 LOT NO.129, PEBBLE BEACH FARMS NoV 51 /902 AT EAST MARION DATE: OCr, 2/, /982 TOWN OFSOUTHOLD SCALE: / = 50 SUFFOLK COUNTY, NEW YORK NO. 82 -6/4 *UNAUTHORIZED ALTERATION OR ADDITION TO THIS ' 6UAIZ4NTEEflTo% SURVEY IS A VIOLATION OF SECTION 7209 OF THE eWUITy .4as-r ,4CT,we. NEW YORK STATE EDUCATION LAW *COPIES OF THIS SURVEY NOT BEARING THE LAND C41/CA(SO T/TLE /A/SLb24A/Ci5CC. SURVEYORS INKED SEAL OR EMBOSSED SEAL SHALL j2/V r_-.CVP_AL) SAI/ NOT BE CONSIDERED TO BE A VALID TRUE COPY NGUARANTEES INDICATED HEREON SHALL RUN ONLY TO 14FIf } HEALTH DEPARTMENT-DATA FOR APPROVAL TO CONSTRUCT THE PERSON FOR WHOM THE SURVEY IS PREPARED . pAND ON HIS BEHALF TO THE TITLE COMPANY,GOVERN- * NEAREST WATER NA1N—MI.F IN SOURCE OF WATER: PRIVATE_PUBLICX MENTAL AGENCY AND LENDING INSTITUTION LISTED rp Ole, SUFF CO. TAX MAP DIST 1000 SECTION 030 BLACK o2 LOT 064 HEREON,AND TO THE ASSIGNEES OF THE LENDING ,�► *THERE ARE NO DWELLINGS WITHIN 100 FEET OF THIS PROPERTY INSTITUTION. GUARANTEES ARE NOT TRANSFERABLE OTHER THAN THOSE SHOWN HEREON. TO ADDITIONAL .INSTITUTIONS OR SUBSEQUENT N THE WATER SUPPLY AND SEWAGE DISPOSAL SYSTEM FOR THIS RESIDENCE OWNERS it DISTANCES SHOWN HEREON FROM PROPERTY LINES r. WILL CONFORM TO THE STANDARDS OF THE SUFFOLK COUNTY DEPARTMENT G`t£l TO EXISTING STRUCTURES ARE FOR A SPECIFIC OF HEALTH SERVICES. PURPOSE AND ARE NOT TO BE USED TO ESTABLISH APPLICANT- PROPERTY LINES OR FOR THE ERECTION OF FENCES 10 4569 ADDRESSLA 14 V. 'EL '14 YOUNG YOUNG R0° � AVE"LIE RIVERHEAD, NEW YORK NOTE:® = MONUMENT ALDEN W.YOUNG,PROFESSIONAL ENGINEER SUBDIVISION MAPF/LEDINMEOFF/CEOFME CLERK OF AND LAND SURVEYOR N.Y_S.LICENSE NO.12845 SUFFOLK COUNTY ON JUNE//, 1975 AS F/LE NO.6266 HOWARD W.YOUNG, LAND SURVEYOR it THE LOCATION OF WELL(W),SEPTIC TANK(ST)&CESSPOOLS(CP)SHOWN HEREON N.Y,S.LICENSE NO.45893 ARE-FROM FIELD OBSERVATIONS AND OR DATA OBTAINED FROM OTHERS TELEDYNE POST N01779 FORM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERIC'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL 2 File No. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date . . . . . . . .-�:-. . . . . ., 19 �� . To `?�l' . �� . . . . . . . . . . . . . . . . . . . . . . . . . . PLEASE TAKE NOTICE that your application dated . . . . . . . . . . ., 19 2 g. . for pemlit to construct . .C4�n . Q-�. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . at Location of Property ? �00 . . . t'.p . . .¢ .`L:m ✓ . . !!J� ?'�. . . . House No. Scree! Hamlet CountyrT- -�'aaxMap No. 1000 Section . . . .S� �? . . . . Block . . . . 0?r. . . . . . Lot V4. . . . . . . . . . Subdivision tJR eaA 4 Filed Map No. . .(a.L?(e . . . Lot No. . .l a. /. . . . . . . . . . (/ 2 is rcturiic(i hcrcwit)t and disc ) rev on the following grounds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . U 12?c, cZ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Building Inspector m/ 1/8o y. Four ssr iSF ye: t� S 0 U A. thold T'own Board of A ea r� MAIN ROAD - STATE ROAD 25 S❑UTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Pursuant to Article XIII of the Suffolk County Charter , the Board of Appeals of the Town of Southold , New York , hereby refers the following to the Suffolk County Planning Commission : XX Variance from the Zoning Code , ArticleXl , Section100-119 .2A Variance from Determination of Southold Town Building Inspector Special Exception , Article Section Special Permit Appeal No . : 3733 Applicant : Esme & Nicholas Lagudis Location of Affected Land : 760 The .Strand, East Marion, NY County Tax Map Item No . : 1000- 30-2-84 Within 500 feet of : Town or Village Boundary Line XX Body of Water (Bay , Sound or Estuary ) State or County Road , Parkway , Highway , Thruway Boundary of Existing or Proposed County , State or Federally Owned Land Boundary of Existing or Proposed County , State or Federal Park or Other Recreation Area Existing or Proposed Right-of Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Established Channel Lines , or Within One Mile of a Nuclear Power Plant Within One Mile 'of An Airport . COMMENTS : Applicant is requesting permission to locate accessory (gazebo) structure within 100 feet of the top of the bluff alone r T Sound Copies of Town file and related documents enclosed for your review. Dated : August. 16, 1988 tt Fri,ta, 'I + !!. I'� ti T VAT T Southold Town Board of A eals C C (i.. r'faSA t l lye MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 �1 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. August 15, 1988 OBER j 119 YG A JOSEPH H. SAWICKI Mr. and Mrs. Nicholas C. Lagudis P.O. Box 507 East Marion, NY 11939 Re: Appeal No. 3733 (Variance) Dear Mr. and Mrs. Lagudis: Transmitted herewith for your file and perusal is a copy of the official findings and determination recently rendered by the Board of Appeals, the original of which has' this date been filed with the Office of the Town Clerk. Please be sure to return to the Town Building Department for issuance of any permits and other.,approvals in writing as may be applicable. Please do not hesitate to call either our office (765-1809) or that of the Building Inspector (765-1802) if you have any questions. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN Enclosure By Linda Kowalski Copy of Decision to: Building Department Suffolk County Department of Planning -COUNTY OF'SUFFOLK PATRICK G. HALPIN, SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING LEE E. KOPPELMAN 360-5206 - DIRECTOR OF PLANNING August 18, 1988 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A .decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) George R. Furse 3729 Dorothy M. Russell 3730 Esme & Nicholas Lagudis 3733 John R. Schreyer 3736 Very truly yours, Lee E. Koppelman Director of Planning YI , S/s Gerald G. Newman Chief Planner GGN:mb Q VETERANS MEMORIAL HIGHWAY HAUPPAUGE, L.1..NEW YORK 1 1788 (51 6)360.5192 f� p TRANSCRIPT OF HEARING . 'SOUTHOLD TOWN BOARD OF APPEALS REGULAR MEETING OF THURSDAY,- 'JULY 14 , 1988 Appl. No. 3733 Applicant (s) : ESME & NICHOLAS LAGUDIS Location of Property: 760 The Strand, Pebble Beach Farms, E. Marion County Tax Map ID No. 1000- 3.0,=.2-84. Board Members present: Chairman Goehringer P. Goehringer Members: Grigonis, Douglass and Sawicki. Absent: Doyen. (due to poor weather conditions ) Also Present: Victor Lessard, Building •Dept. , Linda Kowalski, Z .B.A. Secretary and approximately persons in the audience. - . . . The Chairman.'opened the hearing:•-at;"7 :3.0�:-,0 'clock-p.m. and read the. notice. of Bearing and application for the record. CHAIRMAN GOEHRINGER: I have a copy of a survey dated October 21, 1982 updated June 28 ,1983 indicating a one-stor_y . frame house and garage. The applicant proposes to build a gazebo approximately 10 feet in diamter, approximately 13 _feet high and approximately 12 feet from what we refer to as the line of the bluff or the -lip of the bluff. And .T . see a figure of 78 foot 10 inches from the house which probably- is the deck of -the house in the rearyard. And 'I have a copy of the Suffolk County Tax Map indicating this and sur- rounding properties in the area. Is there somebody here who would like to be heard on behalf of that application? Mr. Lagudis. Could you use the mike sir. Just state your name for the record if you wouldn't mind. MR. LAGUDIS: My name is' Nick Lagudis. f .CHAIRMAN GOEHRINGER: Is the . purpos.e of the gazabo mainly for aes- thetic :purposes? Will there be any lighting in it? MR. LAGUDIS : No sir. No lights, no electricity. CHAIRMAN GOEHRINGER: How is that fastened to the ground? Are there piers placed in the ground? MR. LAGUDIS: As of now, no sir. CHAIRMAN GOEHRINGER: There is no piers. MR. LAGUDIS: If we have to put them. in there, we will . CHAIRMAN GOEHRINGER: It ' s just sitting on cement blocks? x, e Page 2_ - Thursday, Ji 14 , 1988 Public Hearing - Esm( id Nicolas Lagudis Southold -Zonign Board of Appeals MR. LAGUDIS: It's sitting on 'the ground. CHAIRMAN. GOEHRINGEkR: I.t's sitting right .on the ground. I was up . there. I ,looked at' the. . . We,....of course,. understand the place- ment of -it. But*.I. was up there at 7 :3.0 on :a ' Sunday morning. So I wouldn't bother you. . But I looked at .the� bluff from your next door neighbor ' s lot rather than bother you. I didn't see the ga- zebo-but we were concerned mainly about the- erosion on the bluff. MR. LAGUDIS.c. There is no erosion. CHAIRMAN GOEHRINGER: No. It's pretty much. .-. In situations like this;- we just want you to put on notice or be aware of the fact, I should say, . that some day this thing can go over the top of the bluff and that's all we can tell you. But I 'm' sure you're perfectly well aware of that if something were to happen. MR. LAGUDIS: As long as .it' s not my house. CHAIRMAN GOEHRINGER: Is there. anything you 'd like to state for the record? MR. LAGUDIS: I think everything is in the application. CHAIRMAN GOEHRINGER:. Ok. We thank you for coming -in and we hope to have a decision.. for - you shortly. MR. LAGUDIS : Thank you very much. CHAIRMAN GOEHRINGER: You're welcome. Is there anybody else who would like to speak in...-favor of the application? Anybody like to speak against the application? Any questions from Board members. Hearing no further questions, I 'll make a motion closing the:.hearing. reserving decision until later. ` All in favor - AYE. BY . . Nadia Moore c,UFFQt,�{� O4n.ih A .7, SouthoIdTo wn Board of Appeals MAIN ROAD - -STATE ROAD 25 SO.UTHOLD, L.I., N.Y. 11971 TELEPHONE (5.16) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS, JOSEPH H. SAWICKI TO (WHOM IT MAY CONCERN : Enclosed herewith as confirmation of the time and date - of the public hearing concerning your recent application is a copy of .the Legal Notice as " published in the L . I . Traveler- Watchman , Inc . and Suffolk Weekly Times , Inc . Someone should appear in your behalf during the public hearing in the event there are questions from board members or persons in the audience . Please be assured that your public.:.hearing will not start before the time allotted in the Legal Notice . If you have any questions , please feel free to call our office , 765-1809 . Yours very tr 1//yyVV�jjJJyy GKRARD P . GOEHRINGER CHAIRMAN Linda Kowalski Secretary and Board Clerk Enclosure 1?12-6,vo.. c3 �0 a° .4 o0�o�/ 01 olp 3 6° o` `o f ��- I& � r►0/ _ V�a9 00 10 S bQ- o p- o 0 ��6/oiF�FQ aa- All I'S tr« a 16 CJOO t ^^r - - gyp% •, w `\ \��, 0� ,phi/ / C SURVEY FOR NICK LAGUDIS LOT NO./29, "PEBBLE BEACH FARMS AT EAST MARION TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK *UNAUTHORIZED ALTERATION OR ADDITION TO THIS ' Cl1Al2lllJTFxt SURVEY IS A VIOLATION OF SECTION 7209 OF THE EQUITY 4 NEW YORK STATE EDUCATION LAW *COPIES OR THIS SURVEY NOT BEARING THE LAND C141CAGO SURVEYORS INKED SEAL OR EMBOSSED SEAL SHALL A?lv"or" NOT BE CONSIDERED TO BE A VALID TRUE COP NOUAIIANTECS INDICATED HRRFON INAI.L RUN ILY Tq i .T Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD July 14, . 1988 MEMBERS GERARD P. GOEHRINGER,_CHAIRMAN S.E.Q.R.A. CHARLES GRIGONIS,JR. SERGE DOYEN, JR. NEGATIVE ENVIRONMENTAL DECLARATION ROBERT J. DOUGLASS JOSEPH H. SAWICKI Notice of Determination of Non-Significance APPEAL NO. : 3733 _ PROJECT NAME: 1 M.E' & NIC'IIO'L'AS Z'AGUTD'IS This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law-#44.74 of the Town of Southold." This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same 'or similar project. TYPE OF ACTION: . [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Locate accessory (gazebo) structure within 100 feet of the top of bluff along. L. I. Sound LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more particularly known as: 760 The Strand_ , East Marion, NY 1000-30-2-84 REASON (S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) 9he relief requested is a setback variance as regulated by Section 617. 13, 6 NYCRR,, SEQRA. FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowalski, Secretary, Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel. 516- 76.5-1809 or 1802 . Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. me 3 c.;wTt as _155 Soundview _ n Avenue, Mattituck, NY; pile yard, at premises located Tax Map Parcel No: County � `�UTHO ,' along the west side of CoxzLane, 7:40 1000-94-1-6. LD TO Cutchogue, NY; County Ta ip P.m. Appl. No. 3736, i GERq� _t PPF Parcel No. 1000-84-03-5. >> JOHN R. SCHREYER.Variance to' the Zoning Ordinance, CHAMMA 8:25 p.m• Appl No. 3745.Article X) LQSEPH SPTIA I R /JOIrN Section 100-119.2 for permissior, to construct deck addition within`• Board Kowalski �MPBE 6005 ITJ30 Secrets I Variance for nc 75 feet of bulkhead along Peconic D proval of access in accordance with New York Town Law, Section Bay, at premises known as 160 District -___­� Blue Marlin Drive 280 a over private right-of-way rive, Southold 8:G p.m. A 1 located along the east side of ` Shores Subdivision Lot#2, �UGLASAND PP• No. 3741. tO of Mattituck, in $ Port, NY; Count T p Green- _l LT7ennm, Cedar Beach Drive (just south of Y Tax Ma Parcel I AN Variance to the Zoning General Wa 0,says that he/she is Prineipii- No. 1000-56_7_20 dinance, Article III, Section B Or= Wayne Inn) and extending 7:45_ in an easterly and thence southerly. IMES, a Weekly Newspaper,° P.m. Appl. No. 3738. 31,Bulk Schedule, for permission direction to parcels identified on FO GF BORNSC Variances to construct addition with an y Tax Maps as to the Zoningthe Suffolk Count the Town of Southold, County of Ordinance, Article insufficient setback at the easterly No. 1000-90-4-14 and 19. III, Section 100-31, for.Perlis- side of existing dwelling which ork,and that the Notice of which Sion to extend garage located in, 8.35 p.m, Appl. No. 3749. has been determined by the Build- Lr IDEA V NT RES py,has been regularly published in the frontyard area and attach same m8 Inspector to be frontyard area; to existin - Variance to the Zoning Ordinance, g dwelling, and to at premises known as 1145 Old Article VII, Section 100-71, Buix each week for _)_ W@@kS construct additions to square off Harbor Road, New Suffolk, NY; rear of dwellingin excess of y Tax Ma Parcel No. 1000- SchedulerYa`aapetba k°fr msuLh- ,ing on the 30 day of Count p cient rea maximum-permitted lot coverage 117-03-8. requirement, at remises 8:10ortherly property line for P known as P.M.Pm A posed p pro- — 560 Oak Street, Cutcho ue, IAMES and Fr a*Pr NK o FMR principal building, at Lot #24 and one-half of #25, Ma' premises known as 46025 C.R. of Eugene Heights; Count P �- Variance to the Zoning 48, Southold, NY; {,ounty Tax Map Parcel No. Y Tax /:G Ordinance,Article III,Section,100- Map Parcel No"'i1000-55-2-18.1. 1000-136-1-44. 31, Bulk Schedule,for permission B-1 General Business Zone District. to extend deck with 7:50 P.M. A an insufficient ppl. No. 3743, rearyard setback, at premises The Board of A at Principal Clerk 'lRT1I FORK GRFEK C .r`aU_ known as 395 Dogwood NITYASSOCIATION INC. Southold, Appeals will d Special NY; County Tax Map said time and place hear any and Exception to the ZoningParcel No. - 1000-54-5-28.1 all persons or representatives de- nance, Article III o Ordi- 8:15P.m. 1 siring to be heard in each of the 30B for a Section 100- App. No. 3742. above matters. Written comments p rmissiOn to expand �hIVFR CAMpg> t P -- ,�Special Ex- may also be submitted. building for a Place of Worship at P ce [ton to the Zoning Ordinance, conclusion of the subject hearinrior to g 19 MARY K.DEGNAN Premises known as 1950 Luthers Article IX, Section 100-90A for Each hearingw ill not Road, Mattituck, NY; County Tax Permission to construct principal the time allotted. Formore start RY f'Ut�LiC,State 9f New York Map Parcel No. 10Y; Co -County T g for storage Suftolk County No.4849860 building g in mation, please call'"765-1809. 8:00 p.m,' gppl. No. 3737. this C-I Industrial Zone Distrir in Dated: June 27, 1988 Tenn Expires February�l9 conjunction with sand and stock- • BYORDEROF f I f j c d _-- - Avenue, Mattituck,-NY u Con- sideyard setback at the westerly ` south of General Wayne l , tiO I I<'I Of 1i1.:�R9 N(iS I ty. Tax Map Parcel No: I yard area,at premises known•as 1000-94-1-6. � I and extending,in an easter�-••anc J+ 55560 Main Road 'and 20 thence •southerly'direction'o N O I I('f• Is H I.R f.RY (i l V- 7AQ p.m. Appl No.. 3736. Hobart Road, Southold, NY I JOHN R. SCHREYER. parcels identified on the,$uffolk Ia,littrstrtnt to Section 267 of County Tax Map Parcel No' the'Ib�tin l:n+;,nd the,Code"t Variance to the 'Zonin +Or- County. Tx Maps as No; the fi,��n of Soulhuld, tile' dinance, Article, XI, Section 1000 90 4 14 and 19 8.05 p.m Appl No; 3741. 8:35 p.m. Appl. No. 3749. t+;jltmi,lt hearing,, %%ill be held 1 100-119.2 for permission,to con- DOUGLAS 'AND STERI TNG IDEA VEN- h�, the• 5(tf:I IiOI.1) IO��'r' struct deck addition within 75 1 ELIZABETH WHELAN. TUBES.Variance,to the Zoning I10AR0 OI APPI•.AI.S at + feet of bulkhead along Peconic Variance�4o the Zoning Or= Regular�teeung:u the Suuthuld` II Bay, at remises known as 160 Ordinance,Article VII,Section lo,+n H:+II, Maul Ru++I Blue Marlin Drive,, Southold 100-31eBn1ktSchedule, forcper.- 100-71, Bulk'Schedule for ap- Suwhuld, tie�t Turk, 11971. on.0 i Shores Subdivision Lot No. 2, i; proval of insufficient rearyard mission`to .construct addition setback from the northerly pro- f f1l'RSU:11',.Il'Lti' 13, 1999 ats Greenport, NY; County Tax ,i with an insufficient setback.at perty roposed principal the ti,lhnting tinteti: Map Parcel No. 1000-56-7 20.��'Ji„ the.eastarlty ltde of existing9��, buildinne atr rem premises known as 7:31) h.m. :�hhl "' 3733 a { 7,45 p.m. Appl.. No. '3738:- dwelling which has been deter- g, p N l), NI('I1 0 I.A S;: I g 46025 C.R. 48; Southold, NY; GEORGE BORNSCHEIN. mined by tfie Building Inspeetor County Tax Map Parcel No. Variance to the%Am ;` Variances to the Zoning Or- ing Ordm ulue, Article \I, Sep' to be frontyard area,,at,premises 1000-55`2-18.1-. B-1 General Ilt,ll.11N):.I I9:-2for(-ICrinissioll to dinance, Article 'III, Section known, as 1145 O1d. .Harbor' Business:Zone.District. luc,i r acre aur>Ig:+tchu►,true,1 100=31,for permission to extend Road,New'Suffolk,,NY,Coun-. The Board of Appeals will at lure hin 1 ) feet:ot, the tali„ g arage located in the frontyard 1, t ty Tax Map Parcle No. said time and place hear any and- ul bluff along the l .I. Sound,, area and attach same to existing 1000-117-'03-8: all persons or,representatives u hrt nli`eti I nu��n ati 760'I lie, dwelling,and to construct addi- .i 8:10:p.m..Appl. No. 3748. desirin.g.to be heard in each of titrand. pebble Beach 1 arnl. p tions to square off rear of dwell- JAMES'.' AND , ELAINE , the above matters.Written com- Subdkisiun I oL No. 1'_9. I•.au'. I ing in excess of maximum- KELEMBELIDIS, Variance to ments may also.be submitted nuuiun til'. ( u+tnt� lay \I.,h, I permitted lot coverage require, the Zoning' Ordinance, Article prior to the conclusion'of the I,Berl tit,. I(NN)-3l)-2,K4. ! ment,at premises known as 560 1II, Section 100-31, Bulk subject hearing. Each hearing =:z� h m Ahhl. '�„• 37351 Oak Street,Cutchogue,NY;Lot -Schedule, for permission to ex- will not start before the'time I)I NO AN[) I.1'N N RO)SSI N I No. 24 and one-half of No.25, tend deck with an insufficient allotted.For more information, �,tti:uue u, the %caning Or Map of Eugene Heights;Coun- s rearyard setback, at premises please call765-1809.. ,I;,,,,,lc�,' •1rt1C1c \I, Section ty Tax Map Parcel No: known as 395 Dogwood Lane,, DATED: June 27, 1988 IIKi-119.2 tier lxnlii%sion to can ! 1000-136-1-44.B1 Zone District. Southold,,NY;County Tax Map ' BY ORDER'OF THE, titruct decl addition, landing: 1 .7:50 p.m. Appi. No. 3743. Parcel No. 1000-54-5-28.1, SOUTHOL'D TOWN P' aiuf t.ur< near and alimg blufi NORTH FORK GREEK COM-. 8:15 p.m. Appl. No. 3742. BOARD OF APPEALS ot.ihe f .1. SOUIld, :+t hreinkc` MUNITY ASSOCIATION, OLIVER CAMPBELL.Special t• GERARD P. GOEHRINGER, 11 its 755 S u ti n_d%i e­ ; INC. Special Exception to the Exception to the Zoning Or CHAIRMAN -- Zoning Ordinance,.Article III, dinance, Article IX, Section Section 100-30B for permission 100-90A for P ermission to;con, Linda Kowalski, Board.Secretary to expand building for a Place siruct principal .building for 1T-6/30/88(9) of Worship at premises known storage purposes in this C-1 In- as-1950 Luthers Road, Mat-, dustrial Zone District in con- tituck, NY; County Tax Map junction with sand and stoekpile Parcel No..1000-106-9-6.1.' yard,at premises located,along= 8:00 p.m. Appl. No. ;3737. the west side of Cox Lane,Cut- JOHN AND JO AN chogue, N. Y; County Tax Map POLYWODA. Variance to the Parcel''No. 1000-84-03-5., Zoning Ordinance,Article VII, 8:25' p.m., Appl. No. 374.5 Section , 100-71 to `construct JOSEPH SPITALIERE/JOHN. 11'6" X 36' addition (for C.W.CAMPBELL.'Variance for storage) with, an insufficient approval of access in accordance with New York Town Law,.Sec- tion 2804,over private right-of- way located along the east'side of Cedar Beach Drive (just COUNTY OF SUFFOLK ss: STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for . . . . . . . . . . . . . . . . . . . . . . . . . weeks successively, commencing on the . . . . . . . . . . . . . . . . . . . day of . . . . . . . . ., 19 . � Sworn to before me this . . . . . . . . . . . . . . . . . day of . . . . . . , 19 . .�� . . . . . . . . . . . . . . . . . . . . . . . . . X .. . . . . . . . . . . . Notary Public BARBARA FORBES Notary Publie, State of New York No. 4SM846 Qualified in Suffolk County Commission Expires` '.3 N 19 d-o- Mailing List Legal Notice of Hearings for 7/14/88 Southold Town Board of Appeals Copies mailed to the foll6wing on or about 6/28/88 : Mr . Nicholas C. Lagudis Mr. Merlon Wiggin , President 760 The Strand Peconic Associates , Inc. East Marion , NY 11939 One Bootleg Alley Greenport , NY_ 11944 (for 0. Campbell ) Mr. and - Mrs . Dino Rossini 755 Soundview Avenue Paul A. Caminiti , Esq . Mattituck , NY 11952 Box 992 - Main Road Southold , NY 11971 (for O. Campbell ) Mr. and Mrs . 'John R. Schreyer One Wilton Ct . Mr. Joseph Spitaliere Great River , NY 11739 9 Noel Place Smithtown , NY 11787 Mr. George Bornschein 1750 Stevens Avenue Mr . Garrett A. Strang , R-. A . North Merrick , NY 11566 Main_ Road , Box 1412 Southold NY 11971 Mr . Gordon Ahlers as Agent for Sterling Idea Ventures P. O. Box 6 Jamesport , NY 11947 Mr . Andreas Markakis North Fork Greek Community Assn . Inc . 1950 Luthers Road Mattituck , NY 11952 Mr. and Mrs . John A. Polywoda P . O . Box 234 Southold , NY 11971 Mr. Joseph Henry (as agent for Douglas Whelan ) J & R Home Improvements Box 314 Greenport , NY 11944 Mr . and Mrs . Douglas Whelan 16-232 Deer Lake Road Derwood , Maryland 20855 Mr . Hank Rienecker P . O . Box 755 Cutchogue , NY 11935 Mr . Chester Wilcox Wilcox and Son (Agents for Kelembelidis ) 130 Sixth Street Greenport , NY 11944 qC�FOL;� O -f " i "Z u� t. l,r 'T Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 JUDITH T. TERRY TELEPHONE TOWN CLERK (516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Dated: May 11 , 1988 Transmitted herewith is Zoning Appeal NO. 3733 application of Esme & Nicholas lagudis for a variance. Also included is: Notification to Adjacent. Property Owners; Short Environmental Assessment Form; Idtter relative to NYS Tidal Wetlands Land Use; Notice.-of-Disapproval from the Building Department; survey of property; and any other attachments relative to this application. Judith T. Terry Southold Town Clerk I BOARD.OF APPEALS, TOWN OF SOUTHOLD a �. the Matter or he Petition of NOTICE. TO to the Board of Appeals of the Town of Southold ADJACENT' TO: �` � PROPERTY OWNER , YOU ARE HEREBY GIVEN NOTICE: 1.1That ' • ,intention of the undersigned to petition the Board of Appeals of the Town of Southold to request ariance (Special. Exception) (Special Permit) (Other) [circle choice] 1. 2. That the prot ty w 'eh is the s W of the Petition is cated adja,ent toy r roe nd is d s- cribed as follows: 3. That the property hich.is the bject �s h Pet' io.. is located in the following zoning district: 4`. That by such Petition, the undersig d will r uest the fo owin elief: 5. That the provisions of.the Southold Town ZoMIJ ode applicable to the relief sought by the under- signed are Article Section [ ] Section 2 =A, New York Town Law for approval of 'access over rights)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there, . examine the same during regular office hours. (516) 7�5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be.published at least five days prior to the date of such hearing.in the Suffolk Times and in the.Long Island Traveler-Mattituck Watchman, newspapers published in the Town-of Southold and designated for the publication of such notices; that you or your representative have they right to appear and be heard at such hearing. Petitioner Owners ' Names : ny, Post Off& dr ss a t L. Tel No. [Copy of sketch or plan showing proposal to be attached for convenience purposes . ] I PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS 4 y ti r' P 686 165 414 ;�, � �, t RECEIPT FOR CERTIFIED FAIL ! NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (see Reverse) �••: Sent to Street and No. O ao 4 P.O.,Stat an ZIP Code r( O ' c7 Postage $ 25� * Certified Fee p� f Special Delivery Fee O Restricted Delivery Fee Return Receipt Showing to whom and Date Delivered w Return receipt showing to whom, w Date,and Address of Delivery m TOTAL Pos ees $ LL o Post ark Dale o co E U. ♦ _ i , STATE OF NEW YORK COUNTY OF SUFFOLK ) ss.: ,, residing at laO J ,:"g 11-Faq being duly sworn, deposes and says that on the. of i/ l�� , 19 ,.deponent mailed,a,true copy of..the_Notice set.forth on the re verse si�ereof, directed to each of the above-named persons at the addresses set opposite their respective names;that the addresses set opposite the names of said persons are the addresses of said persons as shown on the-current assessment II of the Town of Southold; that said Notices were mailed at the United States Post Of- fi - ✓� ` " ; that said Notices were mailed to each of said persons by certifie ' (rcrprPd) mail. Sworn to bef r me this, of b „ . .. 19,.. . F Notaryy Pu lic JOSEPH CHEREPOWICH NOTARY PUBLIC,State of New York No,4804615,Suffolk County Tetm Expires September 30,1988 I , (This side does not have' to be completed on form transmitted to adjoining property owners . ) i r. BOARD OF APPEALS, TOWN OF SOUTHOLD n Pe Matter or the PetitionVf NOTICE TO to the Board of kDveals of the Town of Southold ADJACENT PROPERTY OWNER 6�2e"O_ oyl YOU ARE HEREBY GIVEN NOTICE: 1. That • e intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a arian )'(Special Exception) (Special Permit) (Other) [circle choice] 2. That the p perty Which is the subject of the P ition is I cated djac nt t our pro rty d is des- crib d follows: Xx r 3. That the pro erty whi h is ubject of such Petition is located in the following zoning district: 4. hat b such Petition, the undersigned will re q est the followi g rel' f: c S 5. That the provisions of the Southold Town Z rx ng Code applicable to the relief sought by the under- signed are Article Section_ (a}� [ ] Section 70-A, New York Town Law for approval of access over rights)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (516) 7�5-1809. 7. That before the relief sought may be granted, a public hearing must beheld on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the.Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices;that you or your representative have the right"to appear and be heard at such hearing. Dated: 'XA /twp Petitioner Owners ' Names : Post Off' A dress Tel . No. ) [Copy of sketch or plan showing proposal to be attached for convenience purposes . ] r ' 4 PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS P 686 165 413 , RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) ' Sen t a St eet and No. 00 P. St e d ZIP Code y k c7 Postage $ * Certified Fee Special Delivery Fee I Restricted Delivery Fee Return Receipt Showing to whom and Date Delivered i 04 Return receipt showing to whom, "' rn Date,and Address of Delivery TOTAL Pos $� LL Postma or Date �q�. �9� ; z o U. � . co , .. a • STATE OF NEW YORK COUNTY OF SUFFOLK) . ss.: D C1�C residing at _76i& %�� ��%� i9✓1> %�9<Si/'`/ '� ! s being duly,sworn, deposes and says that on the day of , 19 , deponent mailed a true copy of the Notice set forth on there- 1 verse side Kereof, directed to each of the above-named persons at the.addresses set_opposite their respective. names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current a essment II of the Town of Southold; that said Notices were mailed,at,the.United''States Post Of- fi that said Notices were mailed to each of said persons by certified - mai_I. - <. `•� '?� �,` .\ ,I 06, b a Sworn to e me this, �f p� day /f , 19 VZA A94ENEWEH NOTARY PUBLIC,State of New York No.4804615,Suffolk County Term Expires September 30,1988 - (Th.is side does not have to be completed on form transmitted to adjoining property .owners . ) 14-16.4(2/87)—Text 12 PROJECT I.D.NUMBER 617.21 SEAR Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART 1—PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APP�AAN /S ONSO P 2. JECT NAME C 4YZITI cc' 3. PROJECT LOCATIO J JJ Municipality / �(/. CIA County c ff/2 4. PRECISE LOCATION(Street address and road intersections, p ominent landmarks,etc.,or provide map) orO1 G 5. IS PROPOSED ACTION: gNew ❑Expansion ❑Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: Vie— " , "C Rio 7. AMOUNT OF LAND AFFECTED: Initially acres Ultimately acres 8. WILL PROPOSERhCTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ❑Yes No If No,describe briefly 9. WH IS PRESENT LAND USE IN VICINITY OF PROJECT? esidential ❑Industrial ❑Commercial ❑Agriculture ❑Park/Forest/Open space ❑Other Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL, STATE OR LOCAL) ❑Yes o If yes, list agency(s)and permit/approvals 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? • 9Yes ❑No If yes, list agency name and permit/approval 12. AS A RESULT ROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ❑Yes No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE 0, Applicant/sponsor me: lC / 5 el Date: C Signature: If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 (Continued on reverse side) The N.Y.S. Environmental Quality Review Act requires suk?mission of this form, and an environmental review will be made by this board before any action is taken. .SHORT ENVIRONMENTAL ASSESSMENT FORM INSTRUCTIONS: (a) In order to answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that the project is not significant. (d) Environmental Assessment 1. Will project result in a large physical change to the project site or physically alter more than 10 acres of land? _Yes / NO 2. Will there be a major change to any unique or unusual land form on the. site? _Yes No i 3. Will project alter or have a large effect on an existing body of_water? _Yes No 4. Will project have a potentially large impact on groundwater quality? _Yes 0, No 5. Will project significantly effect drainage flow on adjacent sites? Yes N 6. Will project affect any threatened or endangered plant or animal species? _Yes No 7. Will project result in a major adverse effect on air quality? _Yes No 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas known to be important to the community? Yes No 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical environmental area by a local agency? Yes (/ No 10. Will project have a major effect on existing or future recreational opportunities? _Yes No 11. Will project result in major traffic problems or cause a major effect to existing transportation systems? _Yes No 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? _Yes 49 13. Will project have any impact on public health or, safety? _Yes No 14. Will project affect the existing community by directly causing a growth in permanent popula- tion of more than 5 percent over a one-year _Yes No period or have a major negative effect on the character of the community or neighborhood? 15. Is there public controversy concerning the project? _Yes No Preparer's Signature: Representing: G� pyt C Date: ZBA 9/75 I QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED WITH YOUR APPLICATION FORMS TO THE BOARD OF APPEALS Please complete, sign and return to the Office of the Board of Appeals with your completed application forms. If "Yes" is answered to any questions below, please be sure to depict these areas on your survey (or certified sketch) , to scale, and submit other supporting documenta- tion. 1. Are there any proposals to change or alter land contours? Yes No 2 .a)Are there any areas which contain wetland grasses? (Attached is a list of the wetland grasses defined by Town Code, Ch. 97 for your reference. ) Yes No b) Are there any areas open to a waterway without bulkhead? Yes N , 3. Are there existing structures at or below ground level, such as patios , foundations, etc? Yes No 4. Are there any existing or proposed fences, cvncrete barriers , decks , etc? Yesd.__No ,, 5 . If project is proposed for an accessory building or structure, is total height at more than 18 feet above average ground level? State total: ft. Yes No 6 . If project is proposed for principal building or structure, is total height at more than 35 feet above average ground level? State total: ft. Yes `NO 7. Are there other premises under your ownership abutting this parcel? If yes, please submit copy of deed. Yes No 8. Are there any building permits pending on this parcel - (or abutting "land under your ownership, if any) ? Yes o State Permit # and Nature: 9 . Do state whether or not applications are pending concerning these premises before any other department or agency (State, Town, County, Village, etc. ) : Planning Board Yes N Town Board Yes rN Town Trustees Yes No County Health Department Yes o Village of Greenport Yes N N.Y. S.D.E.C. Yes N Other Yes No 10 . Is premises pending a sale or conveyance? If yes, please submit copy. of names or purchasers and conditions of sale. (from contract) Yes No 11. Is new construction proposed in the area of contours at 5 feet or less as exists? Yes (Nci 12. If new construction is proposed in an area within 75 feet of wetland grasses, or land area at an eleva- tion of five feet or less above mean sea level , have you made application to the Town Trustees for an inspection for possible waiver or permit under the requirements of Ch. 97 of the Town Code? Yes No 13. Please list present use or operations conducted upon the subject property at this time and proposed Please submit photographs for the record. I certify that the a oQe statements are true and are being submitted for reli , ce by the d/of Appeals in considering my application. f J s i ture(,` (P/6pe Owner Authorized Agent V 1/88 WETLANDS [Amended 8-26-76 by L.L. No. 2-1976;_3-26- -� 85 by L.L. No.6-19851: A. TIDAL WETLANDS: (1') All lands generally covered or in cov erect with, or which border-on,tidal waters, or lands lying beneath tidal waters, which at mean low tide are covered by tidal waters to a maximum depth of five (5) feet, including but not limited to banks, bogs, salt marsh, swamps, meadows, flats or other low.lying lands subject to tidal action- (2) All banks, bogs, meadows, flats and tidal marsh subject to such tides anti upon which grows or may grow some or any of the following: salt hay, black 'grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, groundsel, m_ arshmallow and low march cordgrass;and/or (3) All land immediately adjacent to a tidal wetland us defined :in Subsection A(2) and lying within seven- ty-five ,(75) feet-landward of the most landward edge of such a.tidal wetland. B. FRESIiWATER WETLANDS (1) "Freshwater wetlands"as defined in Article 24, Ti tie 1, § 24-0107, Subdivisions 1(a) to 1(d) inclusive,. of the Environmental Conservation Law of the State of New York;and (2) All land immediately adjacent to a"freshwater wet- land,"as defined in Subsection B(1)and lying with- in seventy-five(75) feet landward of the most land= ward edge of a"freshwater wetland."' ( 9705 z•zr-Hs ` NSULT YG & LAW trkR ®EFORE 516NING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED 6Y LAWYERS ONLY: Y THIS INDENTURE, made the day of February . , nineteen hundred and BETWEEN. KENNETH A. DEEGAN residing at 120 Main Street, Huntington, New York party of the first part, and cAb CK LAGUDIS and ESME LAGUDIS 't residing at 2101 East 73rd Street , Brooklyn, New York party of the second part, WTTNESSETH, that the party of the first part, in consideration of Ten Dollars and other valuable considerationG" f; paid by the party, of the second part, does hereby.grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, i , ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate,,` lyi ,g and being ittigt . at East Marion, in the Town of Southold, County of .' Suffolk and State of New York, known and designated as Lot No .129. on a certain map entitled, "Map of Pebble Beach Farms , East Marion, Town of Southold, Suffolk County, New York" and filed in the Office of the Clerk of the County of .Suffolk on June 11 , 1975 as Map No . 6266 . SUBJECT to the provisions of a. Decl_aration recorded in the Suffolk County Clerk ' s. Office on June 1.1 , 1975 in Liber 7855 at page 09 as amended by Liber 7914. page 40 and Liber _ 7969 page 272 " BEING AND INTENDED TO BE the same. premises 'conveyed to the party of the first part by .deed dated Apr:il ,l , 1976 and re- corded in the Office of the Clerk of the County of Suffolk in Liber 8014 page 494 on April 8 , 1976. Together with all rights in Easkement in. Deed recorded in Liber 8546 Page 532 . SUBJECT to a first mortgage held by Equitable Federal Savings and Loan with a principle balance- of $1.5 , 378 . 37 . i TOGETI"iElt with all right; title and interest, if any, of the party of the first part of, in and to any streets and roads abutting the above-described premises to the center lines thereof; TOGETHER with the appurtenances . and all the estate and rights of the party of the .first part in and to said.premises; TO HAVE AND TO HOLD the premises herein granted unto-the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will.hold the right to receive such eottw r eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will" apply the same first to the payment of the cost of the improvement-before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sa;se of this indenture so requires., IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day and year first above• written. IN PRF—UNCE OF: ' Cu,tiu slop LA.;.ire.. Mach 3 Jit� i � 3 ] I a $`i. I > STATE OF NEW YORK, COUNTY OF SUFFOLK. SS: STATE OF NEW YORK, COUNTY OF SS: ' ' S i On the /�,Tday of February 1980 before me On the day of 19 , before me i' personally came ' personally came Kenneth Deegan - I to me known to be the individual described in and who to me known to be the individual described in and who executed the foregoing instrument, .and acknowledged that executed the foregoing instrument, and acknowledged that he executed the same. executed the same. h , 1 JACQUELIN COP 1,Ell) t NOTARY PUPLIC, State rf New York No. 52•4G34474 Qualified in Suffolk County Commission Expires March 30, 198 0 STATE OF NEW PORK, COUNTY OF: SS: STATE OF NEW YORK, COUNTY OF SS: On the. day of 19 , before me On the day of 19 , before me personally came personally.came to me.known,.who, being by-me duly sworn, did depose and the subscribing witness to the foregoing instrument, with say that:. he resides at No. ,. ... . whom I am personally acquainted, who, being by me duly that"' he is the i sworn, did depose and say that he resides at No. : . of that he knows ' the corporation described in and which executed the foregoing instrument .that he to be the individual knows the seal of said corporation; that the seal affixed described in and who executed the foregoing instrument; • '' to said instrument is such corporate seal; that it was so that he, said subscribing witness, was present and affixed by order of the hoard of uiat:ciors of said corpora- execute the same; and that he, said witness;tion, and that he signed h name thereto by.like order. I at the same time subscribed h name as witness thereto, ?�ttrgttin una £�ulr lrrd SECTION 30 WITHOUT COVENANT AGAINST GRANTOR'S ACTS BLOCK 2 TITLE No. 7908-03649 I.cn. 84 KENN.ETH A. DEEGAN' COUNTY OR TOWN SUFFOLK i x_ TO. „ NICK LAGUDIS & ESME LAGUDIS, :.his wife Recorded At Request of American Title Insurswe CoaOsery RETURN BY MAIL TO: STANDARDFORM'OF — — —' NEW YORK.BOARD OF TITLE UNDERWRITERS ' Dietributedby MILTON A. LEVAS , ESQ. ' • 31-17 Ditmars Boulevard r; Astoria , New York n, Mau; TITLE Zip No. 11105 s .INSURANCE COMPANY GUARANTEED TITLE DIVISION A Member of The Continental Insurance Comimniea W u Z s� O0 M ` O h W N + . s st� �a�Jrr�L r " E t c 's A'•j � A � S r 'MM � - t