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Office Location: Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 �pF SOUT�,o� O NTY,� http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Tel. (631) 765-1809 Fax (631) 765-9064 COVER SHEET WITH ZBA FILE STATUS OF FILE � ZBA # ' a � 2 Zr Name : 8 jq S h 7 y�-/1.�� � y KU 0-1 Tax Map #: �b ® q _ a Location: J:�-® Ck— Lj f 6 men pov+ [ ] Refund issued : CANNOT activate or reactivate file (Applicant has withdrawn application). [ ] NO `REFUND DUE, based on time spent for Town to process application and hearings. [�'CCEIS Obsolete & expired; CANNOT reactivate this file: NEW APPLICATION SARY: Extensive time has passed; Zoning Code changes are now in effect and this application expired. NOTE: Applicant may apply for a new application with Building Inspector for a new Notice of Disapproval and submit NEW application with all documents and current maps to ZBA, or modify plan to conform to the current code. This Town file based on applicant's previous year requests has expired. [ ] No forms to be scanned; FILE # VOID: APPLICATION RETURNED. (All forms were returned to applicant early in process, as requested by applicant.) !. I eu C -------------------------- I .� b� R.�ci S-�i �J de 4� Led Jr 7vz is ree.�� ``lid b a i ff d Chi-ftm -toqA 2 i �st le, � d�wdlt ' �4,I /a+- Wl /0-0�jo, sb of pew, t5ysb 0�- Cc-rAbt wed 5;YS -f/-31�,e�. y ®_ ffr}- XX II I cz-r, ° `2 o r -Thomas J. #2904 44 2 15.- ._ I granted permission to construct new dwelling North side of County Road 48'. Southold AjSOC�� r � eX p �-O CHECK BOXES AS COMPLETED ( ) Tape this form to outside of file ( ) pull ZBA copy of ND ( ) Check file boxes for p ( ) Assign next number o outside of file folder Date stamp entire ori to o Q i CD CL fD a CD 0 0 o 1 v to h -tea, Cn , I ( ) Print contact info & to 0 0 0 ( ) Prepare transmittal to ( file number m -n-uup Cn 3 Q = o o ( ) Hole punch entire onE W X _ O 0 cn (before sending to T.0 o o 1 v ( )Create new index car h ; � z Cn , I ( ) Print contact info & to 0 0 ( ) Prepare transmittal to co rIj' 0 ( ) Send original applicati o coN r, to Town Clerk C� ( ) Note inside file folder 3 and tape to inside of �' ( )Copy County Tax Nlap; 3 neighbors and AG lots ( ) Make 7 copies and put ( ) Do mailing label r fj\J0 C&I r7jqSj(,g 2/1210 , - -W" -7/0711 kF vus -ees -7/,,-7/(q 6� OF 0 k6 P- surru�r�,a c 'Y � F INI RESOLUTION 2019-761 ADOPTED a�a DOC ID: 15534 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2019-761 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 27,2019: WHEREAS, the Board of Trustees denied the application of HARRY BASHIAN & HAYKUHI BASHIAN to replace existing storm -damaged bulkheading located at 5824 North Road, Greenport, NY SCTM#1000-44-2-15, under the Town of Southold Coastal Erosion Hazard Areas Law (the "Law") of the Town of Southold pursuant to Section 111-11(c); and WHEREAS, on June 26, 2019, the Applicant submitted an application to the Town Board of the Town of Southold seeking to appeal the determination of the Board of Trustees, or in the alternative, seeking a variance from the requirements of the Law; and WHEREAS, on July 30, 2019 and August 13, 2019 the Town Board conducted duly noticed public hearings on the instant appeal with an opportunity for all interested parties to be heard and testimony was taken of the Applicant's consultant; and WHEREAS, the application has been reviewed pursuant to Chapter 268, Waterfront Consistency Review of the Town Code and the Local Waterfront Revitalization Program; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed action is classified as a Type II Action and is not subject to review pursuant to SEQRA Rules and Regulations for this action; and be it further RESOLVED that the Town Board of the Town of Southold August 27, 2019 the Findings �n of HARRY BASHIAN & HAYKUHI BASHIAN for a coastal erosion haza-arc area permit pursuant §111-20 of the Town of Southold Coastal Erosion Hazard Area Law; with the following conditions: 1. Submission of new amended plans detailing the approved project as detailed in the Findings and Determination dated August 27, 2019 and further depicting that no decking extend seaward of the bulkheading; 2. That prior to issuance of a Permit the applicant submit written authorization from the County of Suffolk to access the subject property over lands owned by the county; 3. That the applicant not access the subject property from the lands owned by the neighbor to the East. and be it further Resolution 2019-761 Board Niceiing of August 27, 2019 RESOLVED that the Town Board had determined that this action is consistent with Chapter 268, Local Waterfront Revitalization Program; and be it further RESOLVED that this Determination shall not affect or deprive any other agency of its properly asserted jurisdiction, separate and apart from the proceedings under the Coastal Erosion Hazard Areas Law considered herein. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Updated: 8/27/2019 4:00 PM by Lynda Rudder Page 2 2019-596 CATEGORY. Misc. Public Hearing DEPARTMENT. • Town Clerk PH 7/30 9: 00 Am - CEA Bashian RESOLVED the Town Board of the Town of Southold hereby sets Tuesday, July 30, 2019 at 9:00 A.M. at the Southold Town Meetinst Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing upon the Coastal Erosion Hazard Board of Review Appeal of Harry and Haykuhi Bashian, which seeks relief from Section 111-6 Definitions and 111-12D Beach Area of the Town Code to replace existing storm -damaged bulk -heading with new untreated timber navy bulkheading consisting of removing a 14'northwesterly section, a 61.5' northerly section and a 4'northeasterly section of existing storm -damaged bulkheading; replace the existing 41' westerly section with a new 27.5' section, a new 62.5'northerly section installed in an angled position, and replace existing 41.5' section with new 38.5' easterly section; install 61.5' of proposed toe -armor consisting of 2-4 ton (minimum of>18"x18"x18") stone laid out in a single row with geotextile filter fabric placed underneath along the seaward edge of new northerly bulkheading; replace existing 10'wide by 36.5' long seaward side deck with untreated lumber in same place supported by five (5) 10"x20" pressure treated timber pilings with the westerly side of the deck to be cantilevered over new bulkhead; remove two (2) existing storm damaged 12'x36.5'+- side yard decks; remove existing 5.5' wide by 61.5' long section of northerly decking; install approximately 320 cubic yards of clean beach sand backfill within a +-38x5'x61.5' area to raise the grade landward of the new bulk heading to be level with County Road 48; and for the existing 26.4'x36.3' two-story dwelling; and as depicted on the site plan prepared by Bulkhead Permits by Gary, Inc., last dated February 14, 2019 within a near shore area in a Coastal Erosion Hazard Area located on property on parcel SCTM#1000-44-2-15 at 58425 North Road, Greenport, New York and directs the Town Clerk to publish a notice of such appeal in the Suffolk Times newspaper not less than ten (10) days nor more than thirty (30) days prior to such hearing and to notify the applicant by first class mail. ✓ Vote Record - Resolution RES -2019-596 ❑ Adopted Yes/Aye No/Nay Abstain ; Absent ❑ Adopted as Amended El Defeated ❑ Tabled James Dimzio Jr ❑ ❑ ❑ ❑ ❑ WithdrawnWilliam P Ruland _ El ❑ Q.. O ❑ Supervisor's Appt - - - - Jill Doherty - _ ( ❑ El11❑ - -- ❑ Tax Receiver's Appt Robert Ghosio j ❑ ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt Louisa P Evans ❑ ❑ ❑ ❑ ❑ Supt Hgwys Appt- Scott A Russell - - ❑ j ❑ ❑ ❑ ❑ No Action ❑ Lost TOWN BOARD COASTAL EROSION HAZARD BOARD OF REVIEW TOWN OF SOUTHOLD In the matter of the Application of HARRY BASHIAN & HAYKUHI BASHIAN FINDINGS AND 5824 North Road DETERMINATION Greenport, NY SCTM #1000-44-2-15 FINDINGS AND DETERMINATION Based upon the application, documents contained in the Board's file, site inspections and testimony received at the public hearing held on August 27, 2019, the Town Board finds and determines as follows: ISSUE Scott Moses on behalf of Harry Bashian and Haykuhi Bashian has filed an application with the Town Board, as the Coastal Erosion Hazard Board of Review (the "Board"), dated June 26, 2019 requesting the following relief A reversal of the Board of Trustees April 17, 2019 determination preventing the issuance of a coastal erosion permit in accordance with Chapter 111 of the Town Code. FACTUAL BACKGROUND AND PROCEDURAL HISTORY A. Description of the property and applicants: The property that is the subject of this application is located at 5824 North Road, Greenport, NY SCTM#1000-44-2-15. The property is currently improved with a single family home, decks and foundation. The property is located in the residential zone. As confirmed by the Board of Trustees, and acknowledged by the applicant, the property where the proposed work is to be performed is located within the Coastal Erosion Hazard Area as established by New York State in 1991. The applicant submitted an application to the Trustees seeking permission to replace existing storm -damaged bulkheading with new untreated timber navy bulkheading consisting of removing a 14' northwesterly section, a 61.5' northerly section, and a 4' northeasterly section of existing storm - damaged bulkheading; replace the existing 41' westerly section with a new 27.5' section, a new 62.5' northerly section installed in an angled position, and replace existing 41.5' section with new 38.5' easterly section; install 61.5' of proposed toe -armor consisting of 2-4 ton (minimum of>18"xl8"x18") stone laid out in a single row with geotextile filter fabric placed underneath along the seaward edge of new northerly bulkheading; replace existing 10' wide by 36.5' long seaward side deck with untreated lumber in same place supported by five (5) 10"x20' pressure treated timber pilings with the westerly side of the deck to be cantilevered over new bulkhead; remove two (2) existing storm damaged 12'x36.5'± side yard decks; remove existing 5.5' wide by 61.5' long section of northerly decking; install approximately 320 cubic yards of clean beach sand backfill within a ±38x5'x61.5' area to raise the grade landward of the new bulkheading to be level with County Road 48; and for the existing 26.4'x36.3' two-story dwelling; and as depicted on the site plan prepared by Bulkhead Permits by Gary, Inc., last dated February 14, 2019. B. Trustees Procedural History: I. Application The applicant filed an application with the Board of Trustees on March 15, 2018. After subsequent amendments and redrafts of the proposed plans the applicant final plan requested to replace existing storm -damaged bulkheading with new untreated timber navy bulkheading consisting of removing a 14' northwesterly section, a 61.5' northerly section, and a 4' northeasterly section of existing storm -damaged bulkheading; replace the existing 41' westerly section with a new 27.5' section, a new 62.5' northerly section installed in an angled position, and replace existing 41.5' section with new 38.5' easterly section; install 61.5' of proposed toe -armor consisting of 2-4 ton (minimum of >18"x18"x18") stone laid out in a single row with geotextile filter fabric placed underneath along the seaward edge of new northerly bulkheading; replace existing 10' wide by 36.5' long seaward side deck with untreated lumber in same place supported by five (5) 10"x20' pressure treated timber pilings with the westerly side of the deck to be cantilevered over new bulkhead; remove two (2) existing storm damaged 12'x36.5'7L side yard decks; remove existing 5.5' wide by 61.5' long section of northerly decking; install approximately 320 cubic yards of clean beach sand backfill within a ±38x5'x61.5' area to raise the grade landward of the new bulkheading to be level with County Road 48; and for the existing 26.4'x36.3' two-story dwelling; and as depicted on the site plan prepared by Bulkhead Permits by Gary, Inc., last dated February 14, 2019. Located: 5824 North Road, Greenport, NY SCTM#1000-44-2-15. H. Public Hearing: The Trustees held a public hearing on this application on October 17, 2018, February 13, 2019 and April 17, 2019 at which times all those interested were given the opportunity to speak. Scott Moses on behalf of the applicant addressed the Town Trustees' concerns with regards to the application. It was described that the proposed structure would be the bulkheading and decking around the home in the Coastal Erosion Area. III. Trustees Determination and Certificate of Compliance. 2 M"'. On April 17, 2019 the Trustees issued a determination stating that the proposed construction fell outside the jurisdiction of the Board of Trustees due to the Proposed application being located within the designated Coastal Erosion Hazard Area and therefore they could not issue a permit under the tidal wetlands act, as such further application would need to be made to the Town Board, denying the application without prejudice. IV. The Town Board Proceeding On June 26, 2019, the property owners timely filed an appeal of the Trustee's determination pursuant to Town Code Chapter l l with the Coastal Erosion Hazard Board of Review (the Board) seeking the reversal of the Trustees denial. The Board held duly noticed public hearings on July 30, 2019, August 13, 2019 and August 27, 2019, at which time all interested parties were given the opportunity to present testimony on the application. Scott Moses on behalf of the applicant addressed the Town Board's concerns with regards to the application to replace existing storm -damaged bulkheading with new untreated timber navy bulkheading consisting of removing a 14' northwesterly section, a 61.5' northerly section, and a 4' northeasterly section of existing storm -damaged bulkheading; replace the existing 41' westerly section with a new 27.5' section, a new 62.5' northerly section installed in an angled position, and replace existing 41.5' section with new 38.5' easterly section; install 61.5' of proposed toe -armor consisting of 2-4 ton (minimum of>18"x18"x18") stone laid out in a single row with geotextile filter fabric placed underneath along the seaward edge of new northerly bulkheading; replace existing 10' wide by 36.5' long seaward side deck with untreated lumber in same place supported by five (5) 10"x20' pressure treated timber pilings with the westerly side of the deck to be cantilevered over new bulkhead; remove two (2) existing storm damaged 12'x36.5'± side yard decks; remove existing 5.5' wide by 61.5' long section of northerly decking; install approximately 320 cubic yards of clean beach sand backfill within a ±38x5'x61.5' area to raise the grade landward of the new bulkheading to be level with County Road 48; and for the existing 26.4'x36.3' two-story dwelling; and as depicted on the site plan prepared by Bulkhead Permits by Gary, Inc., last dated February 14, 2019 located at 5824 North Road, Greenport, NY SCTM#1000-44-2-15. This initial application being made within the Costal Erosion Act as well as the Tidal Wetlands Act. No other members of the public appeared in support or opposition to the application and the record was closed on August 27, 2019. APPEAL OF THE TRUSTEE'S DETERMINATION Pursuant to §111-24 the Town Board is designated as the Coastal Erosion Hazard Board of Review and has the authority to "[h]ear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the Administrator in the enforcement of this chapter." See, Town Code § 111-24 (B). Furthermore, the Coastal Erosion Hazard Board of Review has the authority to "reverse or affirm, wholly or partly, or,may modify the order, requirement, decision or determination of the Administrator, including stop or cease-and-desist orders." See, Town Code § 111-25. When considering appeals pursuant to §§ 111-24 & 25, the Board is limited to the record on appeal and the arguments made before the Board of Trustees. In this instance, this Board finds, based upon the record before it, that the applicant has supplied the sufficient information regarding the criteria set forth in §111 -9(A -C) of the Town Code to support the granting of a Coastal Erosion Management Permit. CONCLUSION Therefore, in the interests of justice and for the reasons set forth herein, this Board grants the appeal of the Applicant pursuant to Chapter 111 of the Town Code to replace existing storm -damaged bulkheading with new untreated timber navy bulkheading consisting of removing a 14' northwesterly section, a 61.5' northerly section, and a 4' northeasterly section of existing storm -damaged bulkheading; replace the existing 41' westerly section with a new 27.5' section, a new 62.5' northerly section installed in an angled position, and replace existing 41.5' section with new 38.5' easterly section; install 61.5' of proposed toe -armor consisting of 2-4 ton (minimum of>18"x18"x18") stone laid out in a single row with geotextile filter fabric placed underneath along the seaward edge of new northerly bulkheading; remove two (2) existing storm damaged 12'x36.5'± side yard decks; remove existing 5.5' wide by 61.5' long section of northerly decking; install approximately 320 cubic yards of clean beach sand backfill within a±38x5'x61.5' area to raise the grade landward of the new bulkheading to be level with County Road 48; and for the existing 26.4'x36.3' two-story dwelling; and as depicted on the site plan prepared by Bulkhead Permits by Gary, Inc., last dated February 14, 2019 located at 5824 North Road, Greenport, NY SCTM#1000-44-2-15 subject to the following enumerated conditions: 1. Submission of new amended plans detailing the approved proiect and further depicting that no decking extend seaward ofthe bulkheadin2; 2. That prior to issuance of a Permit(the applicant submit written authorization from the County of Suffolk to access the subiect property over the adjoining parcel owned by the county. 3. That the applicant not access the subject property from the lands owned by the neighbor to the East. Dated: August 27, 2019 4 BOARD MEMBERS Leslie Kanes Weisman, Chairperson Patricia Acampora Eric Dantes Robert Lehnert, Jr. Nicholas Planamento March 3, 2020 Scott and Gary Moses 1456 66th Street Brooklyn, NY 11219 Dear Messrs. Moses; 4ttp:Hsoutholdtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 - Fax (631) 765-9064 4. Southold Town Hall 53095 Main Road - P.O. Box 1179 Southold,, NY 11971-0959 Office Location: Town Annex /First Floor, 54375 Main Road (at Youngs Avenue) Southold, NY 11971 RE: Bashian, ZBA #7212 58425 County Road 48, Greenport SCTM No. 1000-24-2-1 Pursuant to the Southold Town Board Coastal Erosion Hazard Board of Review Resolution No. 2019-761 and findings and determination of August'27, 2019, regarding the above subject matter, your application has been withdrawn. For a limited time, your ZBA application packets received on August 7, 2018, will be available for you to pick up from our office. Sincer ly, Kim E. Fuentes ZBA Assistant Encl. ®rn 5 �1 h rd4 t�e lot 7vl�ail',/,I COUNTY OF SUFFOLK Steven Bellone SUFFOLK COUNTY EXECUTIVE Department of Economic Development and Planning Theresa Ward Deputy County Executive and Commissioner August 8, 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: RECEIVED AUG 13 2018 ZONING BOARD OFAPPEALS Division of Planning and Environment 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 Potter (Louis) and Brancato (Lenore) #7208 Peck (Tracy) "& Corbett (David) #7209 Greene, Charlotte #7210 Bashian, Haykuhi #7212 8100 Hortons Land LLC #7214 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 NOTICE OF DISAPPROVAL TO: Scott Moses (Bashian) DATE: June 15, 2018 AMENDED: August 7, 2018 1456 66`x' Street Brooklyn, NY 11219 Please take notice that your application dated May 1, 2018: For permit to reconstruct "as built" deck addition to existing single-family dwelling at: Location of property 58425 CR 48, Greenport, NY County Tax Map No. 1000 —Section 44 Block 2 Lot 15 Is returned herewith and disapproved on the following grounds: The proposed construction on this non -conforming 5,949.2 square foot lot in the R-40 District is not permitted pursuant to Article IV Section 280-18 which states; "No building or premises shall be used and no building or part thereof shall be erected or altered in the Low -Density R-40 District unless the same conforms to the requirements of the Bulk Schedule and of the Parking Schedule with the same force and effect as if such regulations were set forth herein full." Bulk schedule allows a maximum lot coverage of 20%. Based on the location of the coastal erosion hazard line and the Town Code's definition of buildable land (Article I, Section 280-4), which reads, "The area of a lot or Darcel, not including the sauare footaee of tidal and freshwater wetlands, land seaward of the coastal erosion hazard area line, beaches, bluffs, primary dunes, secondary dunes, or underwater lands. The terms "wetlands," "beaches," "bluffs," and "underwater lands" shall have the meanings set forth in Chapter 275, Wetlands and Shoreline, of the Town Code. The terms "coastal erosion hazard area line," "primary dunes" and "secondary dunes" shall have the meanings set forth in Chapter 111, Coastal Erosion Hazard Areas, of the Town Code." The lot's buildable land measures 0 sauare feet and, therefore, following the DroDosed construction, total lot coverage will be 100%. In addition, the construction 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, a minimum side yard setback of 10 feet with a combined side yard setback of 25 feet and a rear yard setback of 35 feet. The DroDosed deck has a front vard setback of 14.2 feet. a minimum side vard setback of 0 feet with a combined side vard setback of f1 foot and a rear yard setback of 35.4 feet. Notice of DispRproval has been amended as per revised survey last dated July 30, 2018. Audio 'zed Si ature CC: file, Z.B.A. Note to Applicant: Any change or deviation to the above referenced application may require additional review from the Southold Town Building Department. J FORM NO. 3 TOWN OF SOUTHOLD Ilk, BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL TO: Scott Moses (Bashian) DATE: June 15, 2018 AMENDED: August 7, 2018 1456 66`x' Street Brooklyn, NY 11219 Please take notice that your application dated May 1, 2018: For permit to reconstruct "as built" deck addition to existing single-family dwelling at: Location of property 58425 CR 48, Greenport, NY County Tax Map No. 1000 —Section 44 Block 2 Lot 15 Is returned herewith and disapproved on the following grounds: The proposed construction on this non -conforming 5,949.2 square foot lot in the R-40 District is not permitted pursuant to Article IV Section 280-18 which states; "No building or premises shall be used and no building or part thereof shall be erected or altered in the Low -Density R-40 District unless the same conforms to the requirements of the Bulk Schedule and of the Parking Schedule with the same force and effect as if such regulations were set forth herein full." Bulk schedule allows a maximum lot coverage of 20%. Based on the location of the coastal erosion hazard line and the Town Code's definition of buildable land (Article I, Section 280-4), which reads, "The area of a lot or Darcel, not including the sauare footaee of tidal and freshwater wetlands, land seaward of the coastal erosion hazard area line, beaches, bluffs, primary dunes, secondary dunes, or underwater lands. The terms "wetlands," "beaches," "bluffs," and "underwater lands" shall have the meanings set forth in Chapter 275, Wetlands and Shoreline, of the Town Code. The terms "coastal erosion hazard area line," "primary dunes" and "secondary dunes" shall have the meanings set forth in Chapter 111, Coastal Erosion Hazard Areas, of the Town Code." The lot's buildable land measures 0 sauare feet and, therefore, following the DroDosed construction, total lot coverage will be 100%. In addition, the construction 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, a minimum side yard setback of 10 feet with a combined side yard setback of 25 feet and a rear yard setback of 35 feet. The DroDosed deck has a front vard setback of 14.2 feet. a minimum side vard setback of 0 feet with a combined side vard setback of f1 foot and a rear yard setback of 35.4 feet. Notice of DispRproval has been amended as per revised survey last dated July 30, 2018. Audio 'zed Si ature CC: file, Z.B.A. Note to Applicant: Any change or deviation to the above referenced application may require additional review from the Southold Town Building Department. FORM NO.3 1 Z+ TOWN OF SOUTHOLD RECEINM BUILDING DEPARTMENT JUL 1:7 '� ���� NOTICE OF DISAPPROVAL ZONING BOARD OFApp DATE: June 15, 2018 TO: Scott Moses (Bashian) 1456 Wl' Street Brooklyn, NY 11219 Please take notice that your application dated May 1, 2018: For permit to reconstruct "as built" deck addition to e�cistint; single-familu dlvellin at: Location of property 58425 CR 48 Greenport, NY County Tax Map No. 1000 — Section 44 Block 2 Lot 15 Is returned herewith and disapproved on the following grounds: The ro osed construction on this non-conformnin 5.949.2 s ware foot lot in the R-40 District isnot ermitted ursuant to Article IV Section 280-18 which states- "No building or remises shall be used and no bttildin or art thereof shall be erected or altered in the Low -Density R-40 District unless the same conformns to the re uirements of the Bulk Schedule and of the Parking Schedule with the same force and effect as if such re ulations were set forth herein full." Bulk schedule allows a maximum lot coverage of 202/6. Based on the location of the coastal erosion hazard line and the Town Code's definition of buildable land (Article I Section 280-4)which reads, "The area of lot or arce not includi re foota a of tidal d freshwater wetlands land seaward of the coastal et osion hazard area line beaches bluffs rima dunes secondam dunes or undenvate lands. The term wetlands," It " "bluffs," and "underwater lands" shall have the meanings set forth in Chapter 275 Wetlands and Shoreline of the Town Code. The terms "coastal erosion hazard area line " "prima dune ' and "seconda dunes" shall have the w eanings set forth in Chapter 111 Coastal Erosion Hazard Areas of the Town Code." The lot's buildable land measures 0 s uare feet and therefore followin the ro osed construction tota} tot coverage will be 100°/x. In addition the construction is not ermitted ursuant to Article XXIII Section 280-124 which states• lots measurin less than 20,000 sciare feet in total size require a front Yard setback of 35 feet a ininimutn side and setback of 10 feet with a combined side yard setback of 25 feet and a rear yard setback of 35 feet The Rroposed deck has a front yard setback of 14.2 feet a minim urn side yard setback of 0 feet with a combined side, and setback of :E 1 foot and a rear yard setback of =34 feet. r' Autho ' d m ture CC: file, Z.B.A. Note to Applicant: Any change or deviation to the above referenced application may require additional review from the Southold Town Building Department. Bulkhead Permits by Gary, Inc. (516) 546-3479 Zoning Board of Appeals PO Box 1179 Southold, NY 11971 Attn: Kim Fuentes Kim Fuentes, For the following application: Harry & Kaykuhi Bashian 58425 North Rd Greenport, NY SCTM No. 1000-44-2-15 2 Whaleneck Drive, Merrick, NY 11566 AUG 7' 7 2018 8Y® Ial As discussed we were asked to clarity the rear yard setback of ±34 on the survey. Our surveyor updated the survey and has determined this distance is 35.4' We have attached 10 copies of the survey for your reference. Feel free to give us a call at (917)776-3922 if you have any questions. Regards, Scott Moses AUG 7 2018 �o �°� 0 T 0 vti 00000 °rotac0 oc°t6te 10 Yk g01 of G tion fit° Ea90 00 00 G° <°+. PQQ ti ,y k 16 \ >c 4- �c�° I°110 i Ghon 0 � OJg J� O / \Y � 2 �\ O� q-0 \v .dd�e � GRAPHIC SCALE 20 0 10 20 40 80 Lot Data: Lot Area = 5949.2 Sq. Ft. House Area = 956.3 Sq. Ft. ( IN FEET) Deck Area = 1597.6 Sq. Ft. 1 inch = 20 ft. Current Coverage = 42.9% NOTE: The complete lot is seaward of the "Coastal Erosion Hazard Area" Based on the Francis C. Watson Town of Southold Trustee Map Dated 8-29-1988 ensed Land Surveyor A COPY OF THIS DOCUMENT NOT BEARING THE Survey of Existing Conditions at Described Property ®II -2 NE LAND SURVEYORS EMBOSSED SEAL AND SIGNATURE SHALL NOT BE CONSIDERED A TRUE Liber 11818 Page 0080 SCTM 1000-44-02-15 AND VALID ORIGINAL COPY Situated at; C. w� Greenport Southold ® F.C. Watson Land Surveyor P.C. 21 Grove Place Town of County of Suffolk State of New York Babylon, N.Y. 11702 Commonly known as; 631 328-3422 ph 58425 North Rd. 677-3202 fax Greenport, NY 11944 ®631 fcwatson©yerizon.net Prepared for; �/ Harry & Haykuhi Bashian q�Q 0 ® Q FJ ,® UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209-2 OF THE NEW YORK STATE EDUCATION LAW. COPIES OF THIS SURVEY NOT BEARING THE LAND SURVEYORS EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUECOPY. 5 Bayview Dr. Plainview, NY 11803 GUARANTEES ANDCS INDICATEDHERSON HALLTHE TITTLE LAND PERSON FOR WHOM THE SURVEY P EPARED, AND ON BEHALF TO THE COMPANY, GOVERNMENT AGENCY AND LENDING INSTITUTION. GUARANTEES AND CERTIFICATIONS ARE NOT TRANSFERABLE TO ADDITIONAL INSTITUTIONS OR SUBSEQUENT OWNERS. LOCATIONS AND DIMENSIONS SHOWN HEREON RE FOR INFORMATIONAL PURPOSES Vertical Datum NAVD 1988 Surveyed February 2, 2018 N.Y.S. License ONLY AND ARE NOT TO BE USED TO LOCATE ANY NEW CONSTRUCTION ( FENCES, SHEDS, SCALE 1 = 20' No. 050786 ADDITIONS, POOLS, ETC..). THIS SURVEYOR WALL NOT BE HELD RESPONSIBLE FOR ANY ISS Horizontal Datum NAD 83 Last Revised Jul 30 2018 O 5 UC O LOC TED BY OD CON d 10d e-) 0 0 \ ✓ � 6D1 6�1�ryo etO� Df G t°1 1-10 �aAO O0 G° PQQ -7i�I9 WEIVEe JUL 1.7 2010 ZONING 80ARD OPAPPEALS NO HOZ F��P ti°c0 / O J0 / 9 Ob Yrs ?- 2 �\ �( o� \ vO dd\e Lam\ i GRAPHIC SCALE 20 0 10 20 40 80 Lot Data: Lot Area = 5949.2 Sq. Ft. House Area = 956.3 Sq. Ft. ( IN FEET) Deck Area = 1597.6 Sq. Ft. 1 inch = 20 ft. Current Coverage = 42.9% NOTE: The complete lot is seaward of the "Coastal Erosion Hazard Area" Francis C. Watson Based on the ensed Land Surve or Town of Southold Trustee Map Dated 8-29-1988 0,1F N A COPY OF THIS DOCUMENT NOT BEARING THE LAND SURVEYORS EMBOSSED SEAL AND SIGNATURE SHALL NOT BE CONSIDERED A TRUE Survey of Existing Conditions at Described Property Liber 11818 Page 0080 SCTM 1000-44-02-15 —. Situated at; a � ,q AND VALID ORIGINAL COPY Greenport 1� o� F.C. Watson Land Surveyor P.C. 21 Grove Place Town of Southold County of Suffolk State of New York Babylon, N.Y. 11702 Commonly known as; 631 328-3422 ph 631 677-3202 fax 58425 North Rd. Greenport, NY 11944 fcwatson Overizon. n et (j CS,A 04 D N.Y.S. License NO. 050786 UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF 7209-2 OF THE NEW YORK STATE EDUCATION LAW. COPIES OF THIS SURVEY THE LAND SURVEYORS EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A COPY. GUARANTEES' PERSON FOR NOM THE UERVEYCSTIONS PREPARED. AND OAND INDICATED HWON A ON ERBE H LFSHALLRTOO THE COMPANY, GOVERNMENT AGENCY AND LENDING INSTITUTION. GUARANTEES AND CERTIFICATIONS ARE NOT TRANSFERABLE TO ADDITIONAL INSTITUTIONS OR SUBSEQUENT OWNERS. LOCATIONS AND DIMENSIONS SHOWN HEREON ARE FOR INFORMATIONAL AD ONLYANND ARE NOT TO S, POOLS ETC. )E USED SURVEYOR WILL NOTTO LOCATE ANY E BECONSTRHELD RCTION RESPONSIBLE FOR CONSTRUCTION LOCATED BY THIS METHOD- Prepared for; Harry & Haykuhi Bashian SECTION 5 Bayview Dr. NOT BEARING VALID TRUE Plainview, NY 11803 TITLE E PURPOSES DS SCALE 1 = 2Q' Vertical Datum NAVD 1988 Surveyed February 2, 2018 ANY I Horizontal Datum NAD 83 l nCt RPV;CPei .IIIflP 19 9n1R Applicant: Haykuhi Bashian Project Plan Project Site: 58425 North Rd - Each Stone Min 1 Ton Greenport, NY 11944 In Weight Proposed: Replacement of only 1 Row Storm damaged navy bulkhead in beach sand backfill fill12, same place & replacement District 1000 of deck in same place z a Scale: 1 "=20' Note- See cross view Prepared by Bulkhead 2 Permits by Gary inc. v 2 Whaleneck Drive Merrick, NY 11566 Lot 15 March 1, 2018 W m' July 3, 2018 Long Island Sound Width 13+ Miles Flood � Ebb Proposed 61 5' Toe Armor Stone MIN> 18"X18"x18" ty Ln S ,u'-, Proposed 20'x61.5'+ Note(s) - Each Stone Min 1 Ton In Weight Proposed replacement of all existing only 1 Row 41', 41.5'& 61.5' storm damaged beach sand backfill fill12, navy bulkhead sections in same place District 1000 ty Ln S ,u'-, Proposed 20'x61.5'+ location under deck for approx 75 cyds of clean — — — — beach sand backfill fill12, C: District 1000 from an authorized upland source z a N Section 44 m Note- See cross view vX.Block 2 For additional detials v N Y Lot 15 W m' Ara Khrimian 58365 North Road Greenport, NY 11944 -2, RECEIVED JUL 117 2018 ZONING BOARD OF APPEALS X m opo 12' CUa N N 0 z o m =4 Existing U shape 15.5'x61 5', 12'x26 4', & 12'x26 4' proposed to be removed & replaced Ted Kokkoris 57605 North Road Greenport, NY 11944 North Road CROSS VIEW All hardware, nails & bolts shall be hot dip galvanized All bolt Heads & nuts will be used with cut washers All piles will be pressure treated marine grade All sheathing will be marine grade corrugated vinyl ShoreGuard SG -950 Or Equal All decking timber will be in compliance with Town of Southold Regulations R 215' S Existing U shape 15 5'x61.5', 12'x26.4', D & 12'x26.4' proposed to be removed & RECEIVE© E replaced xr Proposed 1'x16' Galvanized tie rods attached 1012"x20' pressure treated timber deck support piles Or continuous deadmer 6' Oc pro0esed en 4 (3) 6"x6" Existing Pressure treated grade marine grade lumber whalers Proposed 20'x 61.5'+ location under deck for approx. 75 cyds of clean beach sand backfill fill from an authorized upland source Applicant: Haykuhi Bashian oject Site: 58425 North Rd Greenport, NY 11944 Proposed: Replacement of Storm damaged navy bulkhead in same place & replacement of deck in same place Scale: 1"=10' Prepared by Bulkhead Permits by Gary inc. 2 Whaleneck Drive Merrick, NY 11566 March 1, 2018 Revised June 13, 2018 Proposed 61 5' toe armor Stone MIN> 18"X18"x18" Note(s) - Each Stone Min 1 Ton in Weight -Only 1 Row Proposed Geo texial filter fabric m Z3 a m 0 1 Proposed 10'x20' pressure treated Marine grade lumber pilings Proposed W corrugated ShoreGuard SG -950 or Equal Vinyl sheathing to end in same place as existing sheathing Note(s) -16 min or to Existing elevation (greater of two) ZONING BOA110 OF APPEALS I +9r ra .-72-12- RECEIVE© ° Fee: $ Filed By: Assignment No. JUL L 1 7 2018 APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS NG F30ARD OF APPEALS House N SCTM 1000 Section Block -), Lot(s) 1 Lot Size I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATEDL- I � - ig BASED ON SURVEY/SITE PLAN DATED Applicant(s)/Owner(s): PARRY � I4�jkl% ir B/� P-T/V Mailing Address:- 130 Telephone: 659- Fax: Email•% ARRI3AS#x/41hm kaZtCom NOTE: In addition to the above, please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and n me of pe son wh agent represents: Name of Representative: S r®7t 015for ( ) Owner (06ther:Ak—,/✓T 94 .9cmIn 9l7-77 6-3: qz� Telephone: Fax: Email:�� (1 11, Please check to specify who you wish Wrrespondence to be mailed to, from the above names: ( ) Applicant/Owner(s), ( Authorized Representative, () Other Name/ Address below: WHEREBY T E B , DING INSPECTOR REVIEWED SURVEYISITE PLAN DATED fl l5 ' and DENIED AN APPLICATION DATED 1 7,01 k 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: % Section: z g ® Subsection: Type of Appeal. An Appeal is made for: ( ) 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 (y)(Reversal or Other ® k -'K_ A prior appeal ( ) has, ( ) has not been made at any time with res ect i2 this provertv. UNDER Appeal No(s). 7-30 V Year(s). 19 K I . (Please be sure to research before completing this question or call our officefor assistance) TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 Southoldtownny.gov Examined , 20 Approved 0 Disapproved a/c J. PERMIT NO. BUILDING PERMIT APPLICATION CHECKLIST Do you have or need the following, before applying? Board of Health 4 sets of Building Plans Planning Board approval Survey Check Septic Form N.Y.S.D.E.C. Trustees C.O. Application Flood Permit Single & Separate Truss Identification Form Storm -Water Assessment Form Contact: Mail to: Phone: Expiration , 20 1) ;_ D 1EC7=5VF= Buil ctor D�/[ PPSAPPROVAL MAY - 1 2018 APPLICATION FOR BUILDING PERMIT Date z0 $20/9 BUILDING DEW. INSTRUCTIONS TOWN OF SOUTHOLD a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such 'date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code d regulations, and to admit authorized inspectors on premises and in building for necessary inspections. (Signature of applicant or name, if a corporation) !Y�(� /1111h - (Mailing address of applicant) ' State whether applicant is owner, lessee, TrE;t4 nt, architect, engineer, general contractor, electrician, plumber or builder Name of owner of premises EFA K Cl f'$ B O#TP/ (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. _Plumbers License No. Electricians License No. Other Trade's License No. 1. Location f land on which proposed wor ll be done: S_Mz ' AId,-+�h t'� House Number Street County Tax Map No. 1000 r Section �y Block Hamlet . 2— Lot 1 t;. Subdivision Filed Map No. Lot 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy P,90K b. Intended use and occupancy bigurc 3. Nature of work (check which applicable): New Building Addition Alteration Repair Removal Demolition Other Work tCsMNe a' SP1• Afir-- (Description) 4. Estimated Cost `PA &i Rc Fee &A�/ (To be paid on filing this application) 5. If dwelling, number of dwelling units- lV/'i4- Number of dwelling units on each floar�/t/f� If garage, number of cars 4 6. If business, commercial or mixed occupancy, specify nature andtent -of each type of use. civ. VA#CU P -0 7� P t4_,✓ 7. Dimensions of existing structures, if any: Front Rear Depth Height Number of Stories Dimensions of same structure with alterations or additions: Front Rear Depth Height Number of Stories 8. Dimensions of entire new construction: Front - Rear Depth Height Number of Stories � � t �V 9. Size of lot: 16-� -Ito" Sev- 10. Date of Purchase 'r-�Zd7 Name of Former Owner &f0r6'a' Con 4;ot a 11. Zone or use district in which premises are situated rd4e,6�'al 12. Does proposed construction violate any zoning law, ordinance or regulation? YES NO y 13. Will lot be re -graded? YES NO ` Will excess fill be removed from premises? YES NO 4 A7 K v R -T <U"I'tv D � (FOA � q_ f 14. Names of Owner of premises i; �.s wr AV Address QUA- Eu/ IV.f Phone No. Name of Architect Address Phone No Name of Contractor Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES ✓NO _ * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES V/ NO * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. 18. Are there any covenants and restrictions with respect to this property? * YES NO / * IF YES, PROVIDE A COPY. STATE OF NEW YORK) SS: COUNTYOF Scorr Nta!'a being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, (S)He is the )'T 6,- EAlr (Contractor, Agent, Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief, and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this To day of �i 201 /42����� Notary Public Notary Public - State of New York Reg. No. 01M06IM23 Quaiiiied in Nassau County Commission Expires in May 5, 2020 Signature of Applicant REASONS FOR APPEAL (Please be speck, additional sheets maybe used with preparer's signature notarized): 1. An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to nearby properties if granted, because: RECEIVED 'JUL 17 2W ZONING BOARD OF APPEALS 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: SZ5?p � ctc"4,V 3. The amount of relief requested is not substantial because: 4. The variance will NOT have an adverse effect or impact on the physic or environmental conditions in the neighborhood or district because: See 5. Has the alleged difficulty been self-created? { ) Yes, or { X Why: s eo_ Q_4VCJ Are there any Covenants or Restrictions concerning this land? { } No {. Yes (please furnish a copy) This is the MINIMUM that is necessary and adequate, and at the same . e preserve and protect the character of the Gnee ghY °, PV690� a health, safety and welfare of the community. Notary Public -WWState Of New York Reg -No, 01M06186523 C;ival'tfied in Nassau County020 �mmisslon Expires In May S' ature o -Applicant or Authorized Ag t 26Aeent must submit written Authorization from Owner Sworn to before me this , day of T,Ave, ,201 . Notary blic Bulkhead Permits by Gary, Inc. (516) 546-3479 1. RECEIVED _7Z (2- JUL 2. JUL 2 7 2018 ZONING BOARD OF APPEALS 2 Whaleneck Drive, Merrick, NY 11566 Reasons For Appeal The applicant is requesting to remove & replace the existing deck. The structure was ex- isting when the applicant purchased the property. The proposed is consistent with the area. Applicant would like to return the property to its previous pre -storm conditions. In fact there is a commercial establishment in immediate area, that was given more consideration then the applicant. 01 The proposed is to repair storm damaged property in same place. The upland deck is needed to secure a new bulkhead structure that will act as a wave break. This break will not only protect applicant bulkhead it will also protect the adjacent upland roadway used by the community. 93 The proposed is constant with the area. As before mentioned the proposed bulkhead will protect both applicant property and the adjacent roadway and therefore benefit the com- munity. 4. The proposed is constant with the area. As before mentioned the proposed bulkhead will protect both applicant property and the adjacent roadway and therefore benefit the com- munity. 5. The proposed is to repair storm damaged property in same place. Costal Erosion zone. GARY W MOSES Notary Public - State of New York Reg. No. 01 M06186523 Qualified in Nassau County Commission Expires in May 5, 2020 ` Scott Moses �un Zai t 3- J cJn ?�CI� 2a 1 APPLICANT'S PROJECT DESCRIPTION 4- }fib mu 4T APPLICANT: 1. For Demolition of Existing Building Areas Please describe areas being 1.34' 4 /A DATE PREPARED: 5U,70 , Z 0� z° t �ZI- II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: / " Dimensions of new second floor. Dimensions of floor above second level: Height (from finished ground to top of ridge): Allft Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: A/'l & III. Proposed Construction Description (Alterations or Structural Changes) (Attach extra sheet if necessary). Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: P7'sc'r'?'1 nEG K fit— ✓! K ►�f/}� Number of Floors and Changes WITH Alterations: (c1Gc-, -b-EGA IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: q S % , SGC � I_ Proposed increase of building coverage: I Sq 7, Q?, FT Square footage of your lot: _�_ `i `V q dz 6L FT Percentage of coverage of your lot by building area: `Y L /,%I V. Purpose of New Construction: rd O-�C'd : r6 P i Q LeM ?17-+' Of U--gj"t +-i-A7 RP/- n 6L,k f"? S C, ME P i 6(e, VI. Please describe the land contours (flat, slope %, heavily wooded, marsh area, etc.) on your land aid how it relates to the difficulty in meeting the code re uirement (s): 'N04 *Q", AIDfie)fi��SCE?ct t� -t'S v��z PPI;ca�i$� . q ATIto LV C! I -lerpa + 6'a AL_ _I V'4�6�tar°� Please submit 8 sets of photos, labeled to show different angles of yard areas after stalling corners for new construction, and photos of building area to be altered with yard view. 4/2012 QUESTIONNAIRE RECEIVED FOR FILING WITH YOUR ZBA APPLICATION JUL 1 A. Is the subject prenusX listed on the real estate market for sale? Yes" No ZONING 60ARI) OF APPEALS B. Are th any proposals to change or alter land contours? No Yes please explain on attached sheet. C. 1.) Are there areas that contain sand or wetlandgrasses? �' J. 2.) Are those areas shown on the survey submitted with this application? Yes 3.) Is theroperty bulk headed between the wetlands area and the upland building area? _1 0, 4.) If your property contains wetlands or pond areas, have ou contacted the Office of the Town trustees for its determination of jurisdiction?° Ple a confirm status of your inquiry or application with the Trustees: PPO ;+! Ct VM/ and if issued, please attach copies of permit with 6onditioAs 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? VO E. Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting? A/d 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? 'VQ If yes, please submit a copy of your building permit and survey as approved by the Building Department and please describe: 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? AID If yes, please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this p cel T -e � t f� p o and the proposed use 1) EC K - (ex: existing single family, proposed: same with garage, p4 or other) Zalk signature Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 2904 Application Dated October 7, 1981 TO: Rudolph H. Bruer, Esq. Attorney for Appellant Main Road Southold, NY 11971 TELEPHONE (516) 765.1809 ®i 21 2 - RECEIVED JUL 17 Z018 ZONING BOARD OF APPEALS (Appellant(s)) At a Meeting of the Zoning Board of Appeals held on November 5, 1981, the above appeal was considered, and the action indicated below was taken on your ( ) Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a (j Request for Special Exception under the Zoning Ordinance Article , Section (X1 Request for Variance to the Zoning Ordinance Article III , Section 100-31 and Bulk Schedule I ] Request for 8205 p.m. Application of Thomas J. DeBorger, by Rudolph H. Bruer, Esq., Main Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule for permission to construct new dwelling with insufficient front and side yard setbacks and exceeding the maximum permitted 20% lot coverage. Location of Property: North side of North Road, Southold, NY; bounded north by L.I. Sound; west by Bloom; south by C.R. 481 east by McMann. County Tax Map Parcel 1000-44-2-15. By this appeal, appellant seeks permission to construct a new one -family dwelling with an insufficient frontyard setback off County Road 48 of 15 feet, insufficient sideyard total of 25 feet, and exceeding lot coverage by approximately 96.50 square feet. The total square footage of the proposed dwelling with the rear deck is approximately 1296 square feet. The lot in question contains an area of approximately 5997.50 square feet, with 63.40 frontage along the county road and an average depth of approximately 94 feet. Applicant has submitted a copy of the Tidal Wetlands Permit issued by the N.Y.S. Department of Environmental Conservation (#TW 15277-0146) which restricts the location in which the new dwelling may be constructed to be 15 feet from edge of the road. Applicant also notes that he intends to construct the first floor 11 feet above mean sea level in this V-8 Flood Area. Public water is available, and approval was given by the Suffolk County Department of Health Services for construction of a septic system on the south side of the house [between the house and the road). Several of the homes in this area are constructed at a similar distance from the county road, and it is the feeling of the board that the character of the neighborhood justifies the granting of the relief requested. In considering this appeal, the board determines that the variance request is not substantial; that the circumstances herein are unique; that by allowing the variance no substantial detriment to adjoining properties would be created; that the difficulty cannot be obviated by a method, feasible to appellant, other than a variance; that no adverse effects will be produced on available governmental facilities of any increased population; that the relief requested will be in harmony with and promote the general purposes of zoning; and that the interests of justice will be served by allowing the vari cep (CONTINUED ON NEXT SHEET) r � DATED: January 5, 1982. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD `c(� OF APPEALS . ` 1 Form ZB4 (rev. 12/81) �� •Y Page 2 Decision Rendered November 5, 1981 Appeal No. 2904 - Thomas J. DeBorger i Z RECEIVED On motion by Mr. Grigonis, seconded by Mr. Sawicki, it was JUL 17 2M RESOLVED, that Thomas J. DeBorger be granted a�variance to the zoning ordinance, Article III, Section 100-31! for permis- ZQNING BOARD 9FAPPEALS sion to construct new dwelling with ten -foot rear de0k with a frontyard setback off County Road 48 of 15 feet and insuffi cient sideyard total of approximately 25 feet as applied for and SUBJECT TO THE FOLLOWING CONDITIONS: 1. County Health Department approval,• 2. Referral to the Suffolk County Planning Commission pursuant to Sections 1323, et seq. of the Suffolk County Charter. Location of Property; North side of County Road 48, Southold, NX; County Tax Map Parcel No. 1000-44-2-15. Vote of the Board: Ayes; Messrs. Doyen, Doug ass, Goehringer, Sawicki and Grigonis. This resolution was unanimously adopted. APPROVED C.hafrmaa Board of ApA981P 0 FORM NO.4 TOWN OF SOUT14OLD BUILDING DEPARTMENT Office of "the Building Inspector Town Ball Southold, N.Y. Cert' ' to Of Oceupamy -7z/2- RECEIVED 7ZS2RECEIVED JUL 112018 ZONING BOARD OFAPPEALS No. .l.1 a 0.7.6 ......... Date ........JulY. 1.3 ................. 190?. THIS CERTIFIES that the building ................................................ Location of Property5S 25...........CoAntY. Road. 4.$ ............ 9reeYl1?9r.t .. Mourn No. S&Wr County Tax Map No.1000 Section . O.Mk .......Block .. 02 ............ Lot 5 ........... Subdivision ... X...........................Filed Map No. . X ...... Lot No., . A .......... conforms substantially to the Application for Building PenWt heretofore filed in this offleo dated . Zc t o bar.. 2 .......... 198 1. pursuant to which Building Pandt No. .11.479—Z .......... . dated ..1t o v e is b►e r . 7 ............ 19.01, wits issued. and conforms to all of the roquirameats of the applicable provisions of the law. The occupancy for which this certificate is issued is ......... ...a. privaio..oue-f.4mi..x ........................................... The certificate is issued toThomas, J ; , DeBnrez� S uii'e.,. Concetta..... ....... . • .. . • . of the aforesaid building. Suffolk County Department of Health Approval 7I$M-0..1 a -S 0 ;100 ,, .R o b t : A. . Villa , . P . E . UNDERWRITERS CERTIFICATE No........... H . S 6 6161 ................... 0 ......... Building inspector. Rwr. 1181 -7 Z12 AGRICULTURAL DATA STATEMENT RECEIVED ZONING BOARD OF APPEALS JUL 17 2018 TOWN OF SOUTHOLD Q BO WHEN TO USE THIS FORM: This form must be completed by the applicant for any special useARD OF APPEALS 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. 2. 3. 4. 5. Name of Applicant: D Q Ik F - Address of Applicant: I V -';"! Name of Land Owner (if other tl Address of Land Owner:—5 Description of Proposed Project: �S S'a,Tr /r0 -&S 6. Location of Property: (road and Taxanap , number) 1VDr'4-) 7. Is the parcel within 500 feet of a farm operation?'{ ) Yes {-} No 8. Is this parcel actively farmed? { ) Yes {,dYNo 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. 1. 2. 3. 4. 5. 6. (Please NAME and ADDRESS the back of this page if there are additional property owners) of Applicant 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 Appendix B Short Environmental Assessment Form Instrucdons for Comialedne RECEIVE® JUL 1,7 2010 ZONING BOARD OFA} P&LS 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 �� Name of Action or Project: Project Location (describe, and attach a location map): Brief Description of Proposed Action: The existing storm damaged 41', 41.5' & 615' navy bulkhead sections are proposed to be removed & replaced in some place. Also proposed is replacement is existing U shaped 12'x26.4', 12'46.4', & 15.5'x61.5' with untreated timer supported by (30)10"x20' pressure treated timber piles. Included in this proposal Is 20'x61.5'+ area under decking for approx. 75 cyds of clean beach sand backfill from an authorized upland source. in additional, toe Armor at the base of the bulkhead. Name of Applicant or Sponsor: Telephone: 5-11'. — f 1t Kv {f E -Mail: 1liT/l�tASrt�r�f �hl�•?�lil ic; Address: f� ,�s City/PO: State: Zip Code: 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinarice, NO YES administrative rule, or regulation? If Yes, attach a narrative description of the intent of the proposed action and the environmental resources that 1/ 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 I£ 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? acres c. Total acreage (project site and any contiguous properties) owned or controlled by the applicant or project sponsor? acres 4. Check all land uses that occur on, adjoining and near the proposed action. D Urban ❑ Rural (non -agriculture) Cl Industrial 13 Commercial alesidential (suburban) fl Forest o Agriculture a Aquatic 13 Other (specify): ❑ Parkland Page 1 of 4 RECEIVE 5. Is -the proposed action, a. A permitted use under the zoning regulations? JUL 1 .7 2018 b. Consistent with the adopted comprehensive plan? ZONTNG BOARD OF APPEALS NO YES N/A A� 6. Is the proposed action consistent with the predominant character of the existing built or natural landscape? NO YES 7. Is the site of the proposed action located in, or does it adjoin, a state listed Critical Environmental Area? If Yes, identify: NO YES 8. a. Will the proposed action result in a substantial increase in traffic above present levels? 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? NO YES 9. Does the proposed action meet or exceed the state energy code requirements? If the proposed action will exceed requirements, describe design features and technologies: NO YES 10. Will the proposed action connect to an existing public/private water supply? [If Yes, does the existing system have capacity to provide service? ❑ NO ❑ YES] If No, describe method for providing potable water: NO YES / 11. Will the proposed action connect to existing wastewater utilities? [If Yes, does the existing system have capacity to provide service? ❑ NO ❑ YES] If No, describe method for providing wastewater treatment: NO YES V111 12. a. Does the site contain a structure that is listed on either the State or National Register of Historic Places? b. Is the proposed action located in an archeological sensitive area? NO YES 13. a. Does any portion of the site of the proposed action, or lands adjoining the proposed action, contain 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: NO YES 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 ❑ Agricultural/grasslands ❑ Early mid -successional ❑ Wetland ❑ Urban ❑ Suburban 15. Does the site of the proposed action contain any species of animal, or associated habitats, listed by the State or Federal government as threatened or endangered? NO YES ✓ 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? If Yes, a. Will storm water discharges flow to adjacent properties? ❑ NO ❑ YES b. Will storm water discharges be directed to established conveyance systems (runoff and storm drains)? If Yes, briefly describe: ❑ NO ❑ YES NO YES Page 2 of 4 18. Does the proposed action include construction or other activities that result in the imp(ULIBIV of NO YES water or other liquids (e.g. retention pond, waste lagoon, dam)? y� If Yes, explain purpose and size: -JUL d 19. Has the site of the proposed action or an adjoining property been the location of an active or c osefrICAL5NO I 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 completed) for hazardous waste? If Yes, describe: J NO I YES a I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE �� jj �� d �/ K �j 7 Ann1;Pnnt/cnnncn$n)mP.' P4 / J `U til �� y�� Date: 7/t/19 Signature:/—"-)----[- Part ignature:/y-- [ 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?" Page 3 of 4 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)? S. 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 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. Z JUL 17 2018 ZONING BOARD OF APPEALS 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 Print or Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency Date Title of Responsible Officer Signature of Preparer (if different from Responsible Officer) Page 4 of 4 No, or Moderate e small to large ' impact impact may may 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. Z JUL 17 2018 ZONING BOARD OF APPEALS 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 Print or Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency Date Title of Responsible Officer Signature of Preparer (if different from Responsible Officer) Page 4 of 4 Board of Zoning Anneals Annllcation I ZIP RECEIVED JUL 2 -.7 2018 AUTH.0IMATION ZONING BOARD OF APPEAL (where the Applicant is not the Owner) � G residing at S �s j, - V; it k (Print property owner's name) (Mailing Address) i C > di�°��+ rT ✓i'i`i 10-) do hereby authorize 6 1�~ (Agent) n Cu -11'r M0 � � f}� d S E� to apply for variance(s) on my behalf from the Southold Zoning Board of Appeals. {Own is Signature) 49 HrAA/ (Print Owner's Name) f APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM necessary to avoid same. Y®1rRNAME'� ,�c T A • (Last name, first name, middle Initial, unless you are applying in the name of son company. If so, indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Variance Change of Zone Approval of Plat Other (activity) Building Permit Trustee Permit Coastal Erosion Mooring Planning TAW ,e or other entity, such as a —72—(Z RECEIVED JUL 1.7 M8 ZONING 60ARD OF APPEALS 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 offi r or employee owns more than 5% of the shares. YES NO If you answered "YES", complete the balance of this form and date and s'Zwhereicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the a check the appropriate line A) through D) and/or The town officer or employee or his or her sponse, and the town officer or employee. Either in the space provided. parent, or child is (check all that apply) : A) the owner of greater that 5% of the sh es of the corporate stock of the applicant (when the applicant is a corporation) B) the legal or beneficial owner of y interest in a non -corporate entity (when the applicant is not a corporation) Q an officer, director, partne , or employee of the applicant -,or D) the actual applicant DESCRIPTION OF REVATIONSIHP Submitted this da f v I 20 Signature i Print Name X, /�\/' RIA 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: CO ! 7 �— Aus /�C) 0C�tft EpMzSS (Last name, fast 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.) —7A 1 7A' TYPE OF APPLICATION: (Check all that apply) RECEIVED Tax grievance Building Permit Variance Trustee Permit JUL ��� Change of Zone Coastal Erosion Approval of Plat Mooring Other (activity) Planning ZONING BOARD OF APPEALS 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 t officer or employee has even a partial ownership of (or employment by) a corporation in which the town of r or employee owns more than 5°/g,er>`the shares. YES NO ` If you answered "YES", complete the balance of this form and dateXsiwherendicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applic..94t/agent/representative) and the town officer or employee. Either check the appropriate line A) through D)/and/orribe in the space provided. The town officer or employee or his or her sparent, or child is (check all that apply) A) the owner of greater that 5% of th corporate stock of the applicant (when the applicant is a corporation) B) the legal or beneficial owngt'of any interest in a non -corporate entity (when the applicant is not a corporation) C) an officer, director, gohner, or employee of the applicant; or D) the actual DESCRIPTION Of RELATIONSHIP Submitted this 7 day of S`/� , 20� Signature Print Name AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM RECEIVED —7z.% Z JUL 1.7 2018 ZONING 60ARD OFAPpaALS The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees. The purpose action is necessary to avoid same. YOUR NAME : V U (Last name, first name, middle initial, unless you are applyingin 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 i Change of Zone Coastal Erosion Approval of Plat Mooring Other (activity) Planning J� aA�S 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 whiice town officer or employee owns more than 5% of the shares. // YES NO If you answered "YES", complete the balance of this form and dateand sign where indicated. Name of person employed by the Town of Southold 141/� Title or position of that person /vIA- Describe the relationship between yourself (the applicantlagent/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 j Submitted this ZO day of 20 t y Signature .46ral� Print Name Town of Southold RECEIVED LWRP CONSSIST»NCV ASSESS FORM[ JUL 1,7 2010 A. INSTRUCTIONS ZONING BOARD OFAPPEALS 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 per nits 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 )ro osed action will be evaluated as to its smnificant beneficial and adverse eifeeifec t5 orlon the coastal area (v,,,biclr includes all of Southold `fongl). 3. If any question in Section C on this form is answered 'yes' or `°no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, eaeli ans14ea• in»st be explained in detail, iistipoqm>: and non- sutaportitau Basta. if an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaltien. 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. D. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM[# PROM CT NAI. The Application has been submitted to (check appropriate response): r ❑ t. ❑ Board of Trustees Town Board ❑ planning Board Building Dep 1. Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital constriction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: Location of Site acreage: Z Present land Present zone RECEIVED UL 1,7 W8 2. If an application for the proposed action has been filed with the Town of Southold a"i�'V&t3UAW0APP9A information shall be provided: (c) Telephone number: Area Code ()�Q� — (d) Application number, if any; Will the action be 'rectly undertaken, require funding, or approval by a state or federal agency? Y'es EI No if yes, which state or federal agency'1_e.._._..... C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. -DEVEL4)1'HI) 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 Illi—Policies; Page 2 for evaluation crit ria. _ Yes No riot Applicable n, -- Attach additional sheets if necessary policy 2. Protect and pr� erve historic and archaeological resources of the Town of Southold. See L� Section III —Po ''ies Pages 3 through 6 for evaluation criteria El Yes FJ No Not Applicable RECEIVE Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section M — Policies Pages 6 through 7 for evaluation criteria YYes ❑ No ❑ Not Applicable k Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. A infmize loss of life, structures, and natural resources from flooding and erosion. See LWItjF SeTes II — Policies Pages 8 through 16 for evaluation criteria ❑No of licable N App � 68 G4-r1tatJ) Attach additional sheets if necessary Policy S. rotect and improve water quality and supply in the Town of Southold. See LWRP Section III —Polk s Pages 15 through 21 for evaluation criteria 'Yes ❑ No ❑ Not Applicable S Attach additional sheets if necessary 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 fit — Policies; Pages 22 throe 32 for evaluation criteria. 11 11 Yes No Not Applicable 11 `7 2-12 ti Attach additional, sheets if necessary Policy 7. Protect and improve lair quality in the Town of Southold, See LWRP Section Ill — Policies .Pages 32 th7ONo 34 for aluatio�n. "criteria. Yes riot Applicable Attach additional sheets if necessary Policy 8,. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wast . See LAW Section IIi— Policies; Pages 34 through 38 for evaluation criteria. D yes 11 No M Not Applicable 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; Wages 38 through 46 for evaluation criteria. ❑ Ye�D No ENot Applicable Attach additional. sheets if necessary WORKWG COAST POLICIES Policy 10. Protect Southald's water -dependent uses and promote siting of new water -dependent uses in suitable -locations. See WRP Section M— Policies; Pages 47 through 56 for evaluation criteria. E] Yes [I No Not Applicable 7 2-1 2 RECEIVED I@@ T.! L AUI1 Zr- prNA D OF AR ENLLS Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in bong Island Sound, the Peconie Estua and Townwaters.aters. See LWRP Section M — Policies; Pages 57 through 62 for evaluation criteria. Yes 0 No D Not Applicable �Loe C - Attach additional sheets ifnecessary Policy 12. Protect up-ricnitural lands. in the Town of Southold, See LW1tP flection III — Policies; .Pages 62 through 65 forZNot on criteria. E]Yes 0 NoApplicable, Attach additional sheets if necessary Policy 13. - Promote ap opriate use and development of energy and mineral resources. See LNVRP Section III— ;Policies;tNot 65 through 68 for evaluation criteria. El Yes [:1No pplicable PREPARED RY _ 30 ► � ] 1 ��� TjTLEJ#—Tt-- PATE4q I A D Haykuhi Sashian Project — 58425 North Road, Greenport NY 11944 1 � 212 LWRP CONSISTENCY ASSESSMENT QUESTIONS RECEIVED JUL 71.7 2018 Policy 1. ZONING BOARD OF APPEALS Proposed project is consistent with the area. The project has been previously approved by the Town of Southold and bulkhead needs replacement. Policy 2: Not applicable. Policy 3: Project is consistent with the area. All materials are consistent with Town of Southold regulations.. Bulkhead needs replacement, replacement will improve the visual interests of the area. Policy 4: The proposed project is to minimize further costal erosion and flooding. No other location of the proposed structure is reasonably available. Adjacent properties have been given same consideration. Applicant wants same consideration for flood control. W This project will not create a threat to life, health, or disturbance to enjoyment/use of other vessels or persons in the area. 4.2 Rip rap is proposed to enhance existing natural features. 4,3 Proposed actions will take place on private property. Proposed is for bulkhead stabilization, not mooring. This project will have minimal impact on existing waterways. Majority of project is upland. Only clean sand with a grain size equivalent to or slightly larger than the native material will be used at the project site. Haykuhi Bashian Project -58425 North Road, Greenport NY 11944-72-12 2 RECEIVED 4.5 JUL 1:7 2010 N/A— Public funds has not been requested for this project. ZONING 130q11D OFAPPE49S 4.6 No public funds has been requested for this project. See project plan for design details. Policy 5: 5.1 No discharge is proposed. Proposed bulkhead will be installed before placing clean sand fill to prevent a return flow into any waterways. All debris will be removed project site via upland source. The proposed project is for bulkhead stabilization, no sanitary sewage will discharge into the waterway. This project does not include pollutant discharge, draining, filing, dredging, or any type of physical alteration of shore areas. 5.2 All proposed materials are consistent with Town of Southold regulations. 5.3 This project does not include pollutant discharge, draining, filing, dredging, or any type of physical alteration of shore areas. 5.4 This project does not Include pollutant discharge, draining, filing, dredging, or any type of physical alteration of shore areas. 5,5 N/A — Project will not effect local water supply. Policy 5 The proposed is in compliance with this policy as the proposed will have minimal impact on the -wildlife. This project does not include pollutant discharge, draining, filing, dredging, or any type of physical alteration of shore areas. Policy 7 N/A — Propose project is in compliance with Town of Southold air quality regulations. „. a ” V I IS Z01VING BOARL) QP A1*9,4l JUL 17 2018 Haykuhi Bashian Project — 58425 North Road, Greenport NY 11944 ZONING BOARD OF App,& Policy 8 N/A — Proposed project is for bulkhead stabilization. No hazardous wastes will be used for this project. Propose project is in compliance with this Town of Southold regulation. Policy 9 N/A — Proposed project is on private property. Both current visual and physical access will be maintained in its current conditions as per Town of Southold regulations. Policy 10 N/A— Proposed project is located on private property in a residential district. The property is not located in Marine 1 or 2 district. The proposed project offers no significant impact upon existing fish or wildlife. It is also in compliance with local Town & county regulations. This project will not impede upon vessel navigation in the area. Interference with commercial & recreational actives will be minimal. Policy 12 - N/A — Proposed project is for bulkhead stabilization, no agricultural lands in the immediate area. Policy 13 N/A - Proposed project is for bulkhead stabilization. { 24 2 Am� jot, elft Chapter 55 ZONING BOARD Or AppgAh PUBLIC HEARINGS, NOTICE OF § 55-1. Providing notice of public hearings. [HISTORY: Adopted by the Town Board of the Town of Southold 12-27-1995 by L.L. No. 25-1995. Amendments noted where applicable.] § 55-1. Providing notice of public hearings. [Amended 6-3.2003 by L.L. No. 12.20031 Whenever the Code calls for a public hearing this section shall apply. Upon determining that an application of petition is complete, the board or commission reviewing the same shall fix a time and place for a public hearing thereon. Notice relating to a public hearing on an application or petition shall be provided as follows: A. Town -responsibility for publication of notice. The reviewing board or commission shall cause a notice giving the time, date, place and nature of the hearing to be published in the official newspaper within the period prescribed by law. B. Applicant or petitioner responsibility for posting and mailing notice. An application or petition, initiated, proposed or -requested by an applicant or petitioner, other than a 'Town board or conunission, shall also be subject to additional notice requirements set forth below: (1) The applicant or petitioner is required to erect the sign provided by the Town, which shall be prominently displayed on the premises facing each public or private street which the property involved in the application or petition abuts, giving notice of the application or petiiion, the nature of the approval sought thereby and the time and place of the public bearing thereon. The sign shall be set back not more than 10 feet from the property line. The sign shall be displayed for a period of not less than seven days immediately preceding the date of the public hearing. The applicant, petitioner or his/her agent shall file an affidavit that s/he has complied with this provision prior to commencement of the public beating. (2) The applicant or petitioner is required to send notice to the owgers of record of every property which abuts and every property which is across from any public or private street from the property included in the application or petition. Such notice shall be made by certified mail, return receipt requested, posted at least seven days prior to the date of the initial public bearing on the application or petition and addressed to the owners at the addresses listed for thein on the local assessment roll. The notice shall include description of the street location and area of the subject property, nature of relief or approval involved, and date, time and place of hearing. The applicant, petitioner or agent shall file an affidavit that s/he has complied with this provision prior to commencement of the public bearing. 55:1 05-01-2006 John M. Bredemeyer III, President Michael J. Domino, rwge-President Glenn Goldsmith A. Nicholas Krupsid Charles J. Sanders BOARD OF TOWN TRUSTEES TOMW OF SOUTHOLD . Town Hall Annex 64375 Route 28 P.O. Box 1179 Southold, New York 11971 Telephone (631) 766-1892 Fax (631) 766-6641 OTHER STATE AGENCIES YOU MIGHT HAVE TO APPLY TO N.Y.S. Dept. of Environmental Conservation (DEC) SUNY at Stony Brook 50 Circle Road Stony Brook, NY 11790-3409 (631) 444-0355 Wednesday & Friday only during the hours of 8:30a.m. — Noon & 1 p.m. — 3p.m. Email: 0 clepftow.dec. state. iy. us Suffolk County Dept. of Health Services Office of Wastewater Management 360 Yaphank Avenue, Suite 2C Yaphank, NY 11980 (631)852-5700 Email: WWM9su1i0lkc0uniyny.Q0v U.S. Army Corps. of Engineers, N.Y. District Attn: Regulatory Branch 26 Federal Plaza, Room 1937 New York, NY 10278-0090 (917) 790-8511 Website for applications & helpful Information: htIL)://www.nan.usace.ariiiv,j,nil/Missions/Refjql,--itory.aspx N.Y.S. Department of State Division of Coastal Resources Consistency Review Unit One Commerce Plaza 99 Washington Ave, Suite 1010 Albany, NY 12231-00001 (518)474-6000 Website: www.ny-gwaterfronts.com -7-2-(2- RECEIVED 7-2-12- RECEIVED JUL 17 201$ ZONING BOARD OF APPEAL Applicant Bulkhead 61.5' Section Eastern View 41 RECEIV �.�. ZONING BOARD OF AVVL - Applicant Bulkhead 61.5' Section Western View Applicant Rear Yard South West View Applicant Haykuhi Bashian — 2/18/2018 — 3:00PM PAGE 1/4 y �. �� ''RAF .r" �. -_ j •r ��ar` �� '."�.+'� +n5 _ ' � �� xr-"e---. � :.,.. �� :' ., .e � _ = .� .- � - � � `yam--�_�„� _• ...;�. _ Y� X V Applicant Rear Yard South East View Applicant Rear Yard South West View Applicant Haykuhi Bashian — 2/18/2018 — 3:00PM PAGE 1/4 Applicant Bulkhead 41.5' Section Northern View Applicant Bulkhead 41.5' Section Southern View Ae.. 16 1 Applicant Bulkhead 41' Section Southern View Applicant Bulkhead 41' Section Northern View Applicant Haykuhi Bashian — 2/18/2018 — 3:00PM PAGE 2/4 �4 " Applicant Deck 15.5'x61.'5 section Eastern View 4 N�NG�DP40 Applicant Deck 15.5'x61.'5 section Western View Applicant Deck 12'x26.4' Eastern Section Applicant Deck 12'x26.4' Eastern Section Southern View Northern View Applicant Haykuhi Bashian — 2/18/2018 — 3:00PM PAGE 3/4 P LL Applicant Deck 12'x26.4' Western Section Southern View Applicant Haykuhi Bashian — 2/18/2018 — 3:00PM �v �tECEIVE� -'12 ZpNING SUA�L' OF APPEALS _ _ 1 4 44, - �' Am Applicant Deck 12'x26.4' Western Section Northern View PAGE 4/4 r� TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER T STREET VILLAGE DIST. SUB. LOT bi-( 4i4akuk'i s- c- FOR, ER OWNERGeo COncLelleSef uJ N orn s 7. QL V4-2 �� •, ACR. �5 S I� L u /�b�-r� W d, J ELL d 0 O K 3-, TYPE OF BUILDING RES., SEAS. VL. FARM COMM. CB. MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS r P. d �r_� G t uu �' 0, DO ' 1 i 3 I SsT -r - L-9( I P-54� I_ I f o o 3 o (, 8/a o G i2 J +��►� � L -9th Z� Q -33'x' .5ht'an *2i0,0(06 en o , Q AGE BUILDING CONDITION f f _ NEW NORMAL m BELOW ABOVE F FARM Acre Value Per Acre Value By (2 Tillable FRONTAGE ON WATER t Woodland FRONTAGE ON ROAD Meadowland DEPTH f House Plot BULKHEAD Total v DOCK II COLOR I Oct - 4+ TRIM -i32c>w v,) M. Bld" vvj 16 27 2- &- Extension 16 t9 Extension `Q (. Extension 1,-;A,,1,1,,1F, Both -Z Dinette PC" 11 L Basement ,/,141 A Floors 0 CQ K. -Poroh,b X.30, 44Z8 -72 S`"' 1cV/ &t. Walls -Tj�z:,c, k t I Interior Finish LR. 0 Breezeway N II COLOR I Oct - 4+ TRIM -i32c>w v,) M. Bld" vvj 16 27 2- &- Extension 16 t9 Extension `Q (. Extension 1,-;A,,1,1,,1F, Both -Z Dinette PC" 11 L Basement ,/,141 A Floors II COLOR I Oct - 4+ TRIM -i32c>w v,) M. Bld" vvj 16 27 2- &- Extension 16 t9 Extension `Q (. Extension Total Foundation Both -Z Dinette PC" 11 L Basement t C> Ur-_ Floors K. -Poroh,b X.30, 44Z8 -72 S`"' 1cV/ &t. Walls -Tj�z:,c, k t I Interior Finish LR. Breezeway Fire Place Heat DR. Garage Type Roof Rooms 1st Floor B R. Patio Recreation Room Rooms 2nd Floor k FIN. B O. B. IDormer Driveway Total ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax(631)765-6145 Telephone (631) 765-1800 www.southoldtownny.gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: July 26, 2018 RE: Zoning Appeal No. 7212 Transmitted herewith is Zoning Appeals No. 7212 for Haykuhi Bashian: 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) Building Permit(s) Property Record Card(s) Survey/Site Plan MaDs- 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: J U LY 25, 2018 ZBA # NAME OF APPLICANT CHECK# AMOUNT TC DATE STAMP 7212 BASHIAN, HAYKUHI 2532 $2500.00 RECEIVED jU 2 6 2018 Southold Town Clerk TOTAL $2500.00 Sent via Inter -Office to Town Clerk by: Thank you. ES '-14': s°eA253 -1047, Ddtb-- 'j? -U Town of Southold P.O Box 1179 Southold, NY 11971 ***RECEIPT*** Date: 07/26/18 Receipt#: 246362 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 7212 $2,500.00 Total Paid: $2,500.00 Notes: Payment Type Amount Paid By CK #2532 $2,500.00 Bashian, Haykuhi Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Bashian, Haykuhl 5 Bayview Drive Plainview, NY 11803 Clerk ID: SABRINA Internal ID 7212 *'Ja�a TERMS AND CONDITIONS The Permittee Harry Bashian & FlUkuhi Bashian, residing at 58425 North Road, Greenport, New York, as part of the consideration for the issuance of the Permit does understand and prescribe to the following: That the said Board of Trustees and the Town of Southold are released from any and all damages, or claims for damages, of suits arising directly or indirectly as a result of any operation performed pursuant to this permit, and the said Permittee will, at his or her own expense, defend any and all such suits initiated by third parties, and the said Permittee assumes full Iiability with respect thereto, to the complete exclusion of the Board of Trustees of the Town of Southold. 2. That this Permit is valid for a period of 24 months, which is considered to be the estimated time required to complete the work involved, but should circumstances warrant, request for an extension may be made to the Board at a Iater date. 3. That this Permit should be retained indefinitely, or as long as the said Permittee wishes to maintain the structure or project involved, to provide evidence to anyone concerned that authorization was originally obtained. 4. That the work involved will be subject to the inspection and approval of the Board or its agents, and non-compliance with the provisions of the originating application may be cause for revocation of this Permit by resolution of the said Board. 5. - That there will be no unreasonable interference with navigation as a result of the work herein authorized. 6. That there shall be no interference with the right of the public to pass and repass along the beach between high and low water marks. 7. That if future operations of the Town of Southold require the removal and/or alterations in the location of the work herein authorized, or if, in the opinion of the Board of Trustees, the work shall cause unreasonable obstruction to free navigation, the said Permittee will be required, upon due notice, to remove or alter this work project herein stated without expenses to the Town of Southold. That the said Board will be notified by the Permittee of the completion of the work authorized. 9. That the Permittee will obtain all other permits and consents that may be required supplemental to this permit, which may be subject to revoke upon failure to obtain same. 10. No right to trespass or interfere with riparian rights. This permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights of others in order to perforin the permitted work nor does it authorize the impainnent of any rights, title, or interest in real or personal property held or vested in a person not a party to the permit. Michael J. Domino, President John M. Bredemeyer III, Vice -President Glenn Goldsmith A. Nicholas Krupski Greg Williams April 17, 2019 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Scott Moses Bulkhead Permits by Gary, Inc. 2 Whaleneck Drive Merrick, NY 11566 RE: HARRY BASHIAN & HAYKUHI BASHIAN 58425 NORTH ROAD, GREENPORT SCTM# 9000-44-2-15 Dear Mr. Moses: Town Hall Annex 54375 Route 25 P.O. Box 1179 Southold, New York 11971 Telephone (631) 765-1892 Fax (631) 765-6641 The Board of Town Trustees took the following action during its Regular meeting held on Wednesday, April 17, 2019 regarding the above matter':' WHEREAS, Bulkhead Permits by Gary, Inc., on behalf of HARRY BASHIAN & HAYKUHI BASHIAN applied to the Southold Town Trustees for a permit under the provisions of Chapter 275 of the Southold, Town Code, the Wetland Ordinance of the Town of Southold, application dated March 15, 2018, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council' and to the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, the LWRP Coordinator recommended that the proposed application be found Inconsistent with the LWRP, and, WHEREAS, the Board of Trustees has furthered Policies 4.1, 6.3, and 9.3 of the Local Waterfront Revitalization Program to the greatest extent possible through the imposition of the following Best Management Practice requirements: revised plans for project; and WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on October 17, 2018, February 13, 2019 and on April 17, 2019, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, 2 J �aP WHEREAS, the structure complies with the standards set forth in Chapter 275 of the Southold Town Code, and, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that for the mitigating factors and based upon the Best Management Practice requirement imposed above, the Board of Trustees' deems the action to be Consistent with the Local Waterfront Revitalization Program pursuant to Chapter 268-5 of the Southold Town Code, and, , RESOLVED, that the Board of Trustees approve the application of HARRY BASHIAN & HAYKUHI BASHIAN to replace existing storm -damaged bulkheading with new untreated timber navy bulkheading consisting of removing a 14' northwesterly section, a 61.5' northerly section, and a 4' northeasterly section of existing storm -damaged bulkheading; replace the existing 41' westerly section with a new 27.5' section, a new 62.5' northerly section installed in an angled position, and replace existing 41.5' section with new 38.5' easterly section; install 61.5' of proposed toe -armor consisting of 2-4 ton (minimum of >18"x18"x18") stone laid out in a single row with geotextile filter fabric placed underneath along the seaward edge of new northerly bulkheading; replace existing 10' wide by 36.5' long seaward side deck with untreated lumber in same place supported by five (5) 10"x20' pressure treated timber pilings with the westerly side of the deck to be cantilevered over new bulkhead; remove two (2) existing, storm damaged 12'x36.5'± side yard decks; remove existing 5.5' wide by 61.5' long section of northerly decking; install approximately 320 cubic yards of clean beach sand backfill within a ±38x5'x61.5' area to raise the grade landward of the new bulkheading to be level with County Road 48; and for the existing 26.4'x36.3' two-story dwelling; and as depicted on the site plan prepared by Bulkhead Permits by Gary, Inc., last dated February 14, 2019 and stamped approved on April 17, 2019. Permit to construct and complete project will expire two years from the date the permit is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification: - - - - --- - ---- - - - Inspections are required at a fee of $50.00 per inspection. (See attached schedule.) Fees: $50.00 Very truly yours, Dc"� Michael J. Domino President, Board of Trustees MJD/dd Michael J. Domino, President John M. Bredemeyer III, Vice -President Glenn Goldsmith A. Nicholas Krupski Greg Williams April 17, 2019 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Scott Moses . . Bulkhead Permits, by Gary, Inc. 2 Whaleneck Drive Merrick,' NY 11566 RE: HARRY BASHIAN & HAYKUHI BASHIAN 58425 NORTH ROAD, GREENPORT SCTM# 1000-44-2-15 Dear Mr. Moses: Town Hall Annex 54375 Route 25 P.O. Box 1179 Southold, New York 11971 Telephone (631) 765-1892 Fax (631) 765-6641 The Board of Town Trustees took the following action during its Regular meeting held on Wednesday, April 17, 2019 regarding the above matter: WHEREAS, Bulkhead Permits by Gary, Inc., on behalf of HARRY BASHIAN & HAYKUHI BASHIAN applied to the Southold Town Trustees for a permit under the provisions of Chapter - - 111 of the Southold Town Code, Coastal Erosion Hazard Areas, application dated March 15i - 2018, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council and to the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, the LWRP Coordinator recommended that the proposed applications be found Inconsistent with the LWRP, and specifically Inconsistent with the following coastal policies: Policy 4.1 — Minimize losses of human life and structures from flooding and erosion hazards, Policy 6.3 Protect and restore tidal and freshwater wetlands, Policy 9.3 Preserve the public interest in and use of lands and waters held in public trust by the state and the Town of Southold, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on October 17, 2018, February 13, 2019 and on April 17, 2019, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, r 'S WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the proposed structure, as applied for, is located in a beach area as per Definitions in Chapter 111 Coastal Erosion Hazard Areas of the Town Code and governed by Section 111- 12 D. All development is prohibited in nearshore areas unless specifically provided for by this chapter, and as per Chapter 111-6 Definitions - Unregulated Activity — docks, piers, wharves or structures built on floats, columns, open timber piles or other similar open work supports with a top surface area less than 200 square feet or which are removed in the fall of each year, and, NOW THEREFORE BE IT RESOLVED, that for the foregoing reasons, and because the proposed action is located entirely within the coastal erosion hazard area and in a Beach area, and because the proposed application is a prohibited act pursuant to Chapter 111 of the Town Code, which requires Appeal by the Town Board, the Trustees deem the proposed project to be impermissible under Chapter 111, and, BE IT FURTHER RESOLVED that for the foregoing reasons, the Board of Trustees DENIES the Coastal Erosion Permit application of HARRY BASHIAN & HAYKUHI BASHIAN to replace existing storm - damaged bulkheading with new untreated timber navy bulkheading consisting of removing a 14' northwesterly section, a 61.5' northerly section, and a 4' northeasterly section of existing storm - damaged bulkheading; replace the existing 41' westerly section with a new 27.5' section, a new 62.5' northerly section installed in an angled position, and replace existing 41.5' section with new 38.5' easterly section; install 61.5' of proposed toe -armor consisting of 2-4 ton (minimum of >18"x18"x18") stone laid out in a single row with geotextile filter fabric placed underneath along the seaward edge of new northerly bulkheading; replace existing 10' wide by 36.5' long seaward side deck with untreated lumber in same place supported by five (5) 10"x20' pressure treated timber pilings with the westerly side of the deck to be cantilevered over new bulkhead; remove two (2) existing storm damaged 12'x36.5'± side yard decks; remove existing 5.5' wide by 61.5' ---long section of northerly' decking; install approximately 320 cubic yards of clean beach sand backfill within a ±38x5'x61.5' area to raise the grade landward of the new bulkheading to be level with County Road 48; and for the existing 26.4'x36.3' two-story dwelling; and as depicted on the site plan prepared by Bulkhead Permits by Gary, Inc., last dated February 14, 2019. This determination 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. Very truly yours, Michael J. Domino, Vice -President Board of Trustees MJD/dd 3 - Applicant: Haykuhi Bashian Project Site: 58425 North Rd Greenport, NY 11944 Proposed: Replacement of Storm damaged navy bulkhead & replacement of deck Scale: 1"=20' Prepared by Bulkhead Permits by Gary inc. 2 Whaleneck Drive Merrick, NY 11566 March 1, 2018 Revised February 14, 2019 APPROVED BY BOARD OF T RUSTEESAra Kh TOWN OF SOUT110411365 reen DATE ApRtc— 17 Z0c q Project Plan Long Island Sound -Width 13+ Miles Flood -d - Ebb HH ECEI E F_ APR 1 7 2019 Southold Town oar of T sloes imian Vorth Road ort, NY 11944 Proposed new 62.5' tlavy Proposd 61 S Tae Armor Stone MeIN> 18"x18"x18" bulkhead section location as , per Town of Southold direction Existing 4,14,&61.5'navy Note(s) -EachStoneMn. 2-4 Ton Proposed replacement of bulkhead sections proposed Note: Bulkhead construction to be removed ¬ replaced In Weight ony 1 Row existing l0'x365'deckwith willbeauthorizedtimber YC_ � fV u untreated lumber in same W w o, i 85. place supported by(5)10"x20' 61.5— �aoE m } v pressuretreated timber piles � E v� Note: West side section ofdeck Existing 5.5'x615'± decking proposed to a wv in � Will cantilever over bulkhead _ @ m 6e rerrsov imian Vorth Road ort, NY 11944 District 1000 Section 44 Block 2 Lot 15 / No Proposed 385'x6L5'-t-locationforapprox. 320 cydsofclean beach sand backfilIfill from an authorized upland source Note: Fill will be level with country road 20.51^-- +t �y 11 d =X tD �• '1"j -S R. R. YC_ � fV u W w o, i 85. CL o�F_ �aoE m } v qA � E v� a wv in � F N on 1SD CCII a CO azz District 1000 Section 44 Block 2 Lot 15 / No Proposed 385'x6L5'-t-locationforapprox. 320 cydsofclean beach sand backfilIfill from an authorized upland source Note: Fill will be level with country road Road �y Existing Septic Tank & pooling system Note: Septic tank location determined as per Suffolk County Department of Health Direction PAGE 113 Ted Kokkons 57605 North Road Greenport, NY 11944 X_%Q sY 0 t \J w �Z �'i�0 07111"1 <vc� Q7 d�tZ a a6CL i�t CD CL CL dC-L(D Road �y Existing Septic Tank & pooling system Note: Septic tank location determined as per Suffolk County Department of Health Direction PAGE 113 Ted Kokkons 57605 North Road Greenport, NY 11944 X_%Q sY 0 t \J w �Z �'i�0 07111"1 <vc� I � 1 BOARD MEMBERS - Leslie Kanes Weisman, Chairperson Patricia Acampora Eric Dantes Robert Lehnert, Jr. Nicholas Planamento http://southoldtowmy.gov Southold Town Hall 53095 Main Road - P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 - Fax (631) 765-9064 MEMORANDUM To: Michael Domino, President, Board of Town Trustees From: Kim E. Fuentes, Board Assistant Date: August 9, 2018 RE: Harry & Haykuhi Bashian, County Road 48, Greenport SCTM No. 1000-44-2-15 Previously, we forwarded to you a copy of the above referenced ZBA application and asked that your Board proceed with reviewing an application for a wetlands permit prior to our Board scheduling a public hearing for variance relief. I've enclosed a copy of the amended Notice of Disapproval dated August 7, 2018 and a survey last revised July 30, 2018 depicting a change in rear yard setback. Please let me know if you have any questions or concerns. Encls.: Notice of Disapproval dated amended August 7, 2018 Survey prepared by Francis C. Watson, L.S., last revised July 30, 2018 r' BOARD MEMBERS �. Leslie Kanes Weisman, Chairperson Patricia Acampora Eric Dantes Robert Lehnert, Jr. Nicholas Planamento http://southoldtownny.gov Southold Town Hall 53095 Main Road • P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 MEMORANDUM To: Mark Terry, Principal Planner LWRP Coordinator From: Kim E. Fuentes, Board Assistant Date: August 9, 2018 RE: Harry & Haykuhi Bashian, County Road 48, Greenport SCTM No. 1000-44-2-15, Appeal #7212 Previously, we forwarded to you a copy of the above referenced ZBA application and asked for your comments pursuant to LWRP, and in addition, asked that you conduct SEQRA review, since the location of all "as built" and proposed improvements on this parcel are located seaward of the Coastal Erosion Hazard Area. I've enclosed a copy of the amended Notice of Disapproval dated August 7, 2018 and a survey last revised July 30, 2018 depicting a change in rear yard setback. Please let me know if you have any questions or concerns. Encls.: Notice of Disapproval dated amended August 7, 2018 Survey prepared by Francis C. Watson, L.S., last revised July 30, 2018 BOARD MEMBERSSouthold Town Hall Leslie Kanes Weisman, Chairperson ��OF $O!/T�o 53095 Main Road • P.O. Box 1179 !� Southold, NY 11971-0959 Patricia Acampora Office Location: Eric Dantes CA Town Annex /First Floor, Capital One Bank Robert Lehnert, Jr. • COQ 54375 Main Road (at Youngs Avenue) Nicholas PlanamentoOl17COi/ Southold, NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 MEMORANDUM To: Michael Domino, President, Board of Town Trustees c From: Leslie Weisman, Chairperson, Zoning Board of A Date: July 25, 2018 RE: Harry & Haykuhi Bashian, County Road 48, Greenport SCTM No. 1000-44-2-15 *-7.Z1-2- Attached please find is a copy of a ZBA application which results from a Notice of Disapproval that identified proposed reconstruction of an "as built" deck that requires area setback and lot coverage relief from the ZBA. In addition, the applicant will also require relief from the CEHA Board of Review (Town Board) resulting from the dwelling located entirely within the Coastal Erosion Hazard Area (CEHA). Because of the structure's location, I am requesting that the Board of Trustees proceed with reviewing an application for a wetlands permit prior to scheduling a public hearing before our Board. A letter will be sent to the applicant's representative informing him of our procedure. In addition, the ZBA staff has requested comments from the LWRP Coordinator and asked Planning Staff to conduct SEQRA review. Your timely assistance with this matter is greatly appreciated. Thank you. Encls.: Notice of Disapproval dated June 15, 2018 Copy of ZBA Application received July 17, 2018. Survey prepared by Francis C. Watson, L.S., last revised June 12, 2018 cc: Mark Terry, LWRP BOARD MEMBERS Leslie Kanes Weisman, Chairperson Patricia Acampora Eric Dantes Robert Lehnert, Jr. Nicholas Planamento July 26, 2018 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Southold Town Hall 53095 Main Road • P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtowmy.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 Re: LWRP Review and SEORA Review Request ZBA File Ref. No. # 7212 Harry and Haykuhi Bashian, 58425 CR 48, Greenport, SCTM No. 1000-44-2-15 Dear Mark: We have received an application to reconstruct "as built" deck additions to a single family dwelling. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-5D is requested within 30 days of receipt of this letter. In addition to the aforementioned request, we ask that you conduct SEQRA review, since the location of all "as built" and proposed improvements on this parcel are located seaward of the Coastal Erosion Hazard Area. Please be advised that we have asked the Town's Board of Trustees to review a wetlands permit application prior to the Zoning Board scheduling a hearing date for this variance request. Don't hesitate to contact our office for any questions or concerns. Very truly yours, - Leslie K. Weisman Chairperson an Encls. Application with survey prepared by Francis C. Watson, Last revised June 12, 2018; Correspondence to applicant dated 7/26/2018, Memo to Trustees dated 7/25/2018 BOARD MEMBERS Leslie Kanes Weisman, Chairperson Patricia Acampora Eric Dantes Robert Lehnert, Jr. Nicholas Planamento July 26, 2018 http://southoldtowmy.gov Southold Town Hall 53095 Main Road • P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 Scott Moses Bulkhead Permits by Gary Moses 145666 1h Street Brooklyn, NY 11219 RE: Harry & Haykuhi Bashian 58425 North Road, Greenport SCTM No. 1000-44-2-15 Dear Mr. Moses; We are in receipt of your application requesting that the Zoning Board of Appeals grant variance relief from the Building Department's Notice of Disapproval for front yard, side yard and rear yard setbacks, and for lot coverage in excess of 20% in order to reconstruct an "as built" deck addition to an existing single family dwelling. According to the survey that you provided, and the Notice of Disapproval dated June 15, 2015, the proposed reconstruction will be located entirely within the Coastal Erosion Hazard Area and seaward of the Coastal Erosion Hazard line. Furthermore, pursuant to Town Code, Article I, Section 280-4, the proposed buildable land measures 0 feet resulting in lot coverage of 100%. Based upon those documents and the aforementioned definition of buildable area, the Zoning Board of Appeals Chairperson requests that your client submit an application for a wetlands permit to the Town Trustees for their determination, prior to our scheduling a hearing. A memorandum has been forwarded to the Board of Trustees affirming this request. Please do not hesitate to contact this office with any questions or concerns. Sincere y, Kim E. Fuentes Board Assistant cc: William Duffy, Town Attorney Mark Terry, LWRP Coordinator Mike Domino, Town Trustee r` BOARD MEMBERS ` Leslie Kanes Weisman, Chairperson Patricia Acampora Eric Dantes Robert Lehnert, Jr. Nicholas Planamento http://southoldtowmy.gov Southold Town Hall 53095 Main Road • P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 ® Fax (631) 765-9064 July 25, 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 #7212 Owner/Applicant: BASHIAN, Haykuhi Action Requested: Reconstruct an "as built" deck. Within 500 feet of: (X) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ( ) 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 C irpm��/B5 Y Encls. Survey/Site Plan: Francis C. Watson Last Revised June 12, 2018 BOARD MEMBERS Leslie Kanes Weisman, Chairperson Patricia Acampora Eric Dantes Robert Lehnert, Jr. Nicholas Planamento January 22, 2020 Scott and Gary Moses 1456 66`" Street Brooklyn, NY 11219 Dear Messrs. Moses; OF SOUjyo� h O �yCOUNTY,� http://southoldtowmy.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 - Fax (631) 765-9064 Southold Town Hall 53095 Main Road - P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, 54375 Main Road (at Youngs Avenue) Southold, NY 11971 RE: Bashian, ZBA #7212 58425 County Road 48, Greenport SCTM No. 1000-24-2-1 Pursuant to the Southold Town Board Coastal Erosion Hazard Board of Review Resolution No. 2019-761 and findings and determination of August 27, 2019, regarding the above subject matter, please request a withdrawal of your application to the Zoning Board of Appeals. Your cooperation in this matter will be greatly appreciated. Thank you. Sincer ly, Kim E. Fuentes ZBA Assistant Encl. rL0 6h O zo 20 Francis C. Watson Licensed Land Surve, of BOJ j / S / J`O� / Off/ o4i V.'10 00000, � a 'rete Z 11 Of G Sa90<° PQQ GRAPHIC SCALE 10 20 40 ( IN FEET ) 1 inch = 20 ft. LAND SURVEYORS EMBOSSED SEAL AND SIGNATURE SHALL NOT BE CONSIDERED A TRUE AND VALID ORIGINAL COPY F.C. Watson Land Surveyor P.C. 21 Grove Place Babylon, N.Y. 11702 631 328-3422 ph 631 677-3202 fax 80 X. cggym AUG 7 7 p018 D k 16 \ �o O /0 J� / k Ob O . aa`e �A j� \ tio< 1,0 0e, Lot Data: Lot Area = 5949.2 Sq. Ft. House Area = 956.3 Sq. Ft. Deck Area = 1597.6 Sq. Ft. Current Coverage = 42.9% NOTE: The complete lot is seaward of the "Coastal Erosion Hazard Area" Based on the Town of Southold Trustee Map Dated 8-29-1988 Survey of Existing Conditions at Described Property Liber 11818 Page 0080 SCTM 1000-44-02-15 Situated at; Greenport Town of Southold County of Suffolk State of New York Commonly known as; 58425 North Rd. Greenport, NY 11944 Prepared for; Harry & Haykuhi Bashian 5 Bayview Dr. Plainview, NY 11803 4-A NN tU G PERSON FOR WHOM THE SURVEY IS PREPARED, AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENT AGENCY AND LENDING INSTITUTION. GUARANTEES AND CERTIFICATIONS ARE NOT TRANSFERABLE TO ADDITIONAL INSTITUTIONS OR SUBSEQUENT OWNERS. LOCATIONS AND DIMENSIONS SHOWN HEREON ARE FOR INFORMATIONAL PURPOSES N.Y.S. License ONLY AND ARE NOT TO BE USED TO LOCATE ANY NEW CONSTRUCTION ( FENCES, SHEDS, Vertical Datum NAVD 1988 No. 050786 ADDITIONS, POOLS, ETC...). THIS SURVEYOR WALL NOT BE HELD RESPONSIBLE FOR ANY SCALE 1" = 20' Horizontal Datum NAD 83 CONSTRUCTIONLOCATED B S METHOD ebruary Id July qq — �-3,1 No ttq, g,r SO V L(q—a,— COUNTY OF 4 31 75 4A COUNTY OF SUFFOLK 51 10 4A 01 FOR PCL NO / SEE SEC 045-01-9 1 1 --sw-- N/Mni rnanaW. --H-- uM.Ess owanN oll♦flNnsE,AUPrmPERnes NOTICE COUNTY OF SUFFOLK © K APE YATWN THE FQLONNO DSTRICR E -p-- fmweoma um --R-- SQ1o0. 10 $ENER WWD MAINTENANCE, ALTERATION, SALE OR Real Property Tax Service Agency Y RRE 1831 HYO' T DISTRIBUTION OF ANY PORTION OF THE ®� �aq County Centel Rlverhea0, N Y 11901 UGHf 48 Y✓.tOi SUFFOLKCOUNTYT/1%MAP IS PROHIBITED ^� °SM IN FEEP� at10 P O� -L�- AmOu�deuCWe--q�- SSE IIV+ eutµ� TEvntER VNTHOUOPE WRITTEN PERMISSION E THE QS' -_P-- Yed°inmOmAe WO--� REAL PROPERTY TA%SERVICEAGENCY _ _ _ _ ' _ - '^`�"•: ,'• {meq 1 / po r3� app(J�d 0 1 Pfd w 1m tl� 9 • a 0� 1WIP a � T§ 5 0 3 8 10 .e g4 26 1 BA j • COUNTY OFSUFFOLK '•`�• a 1 43 O53 6A(C) 3 2 a 9'6 10-1 qb v .� MATCH--__�---_— ONE SEE SEC NO 052 3 4 31 75 4A COUNTY OF SUFFOLK 51 10 4A 01 FOR PCL NO / SEE SEC 045-01-9 1 1 --sw-- N/Mni rnanaW. --H-- uM.Ess owanN oll♦flNnsE,AUPrmPERnes NOTICE COUNTY OF SUFFOLK © K APE YATWN THE FQLONNO DSTRICR E -p-- fmweoma um --R-- SQ1o0. 10 $ENER WWD MAINTENANCE, ALTERATION, SALE OR Real Property Tax Service Agency Y RRE 1831 HYO' T DISTRIBUTION OF ANY PORTION OF THE ®� �aq County Centel Rlverhea0, N Y 11901 UGHf 48 Y✓.tOi SUFFOLKCOUNTYT/1%MAP IS PROHIBITED ^� °SM IN FEEP� at10 P O� -L�- AmOu�deuCWe--q�- SSE IIV+ eutµ� TEvntER VNTHOUOPE WRITTEN PERMISSION E THE QS' -_P-- Yed°inmOmAe WO--� REAL PROPERTY TA%SERVICEAGENCY _ _ _ _ ' _ - '^`�"•: ,'• {meq po r3� app(J�d 0 1 Pfd 4 31 75 4A COUNTY OF SUFFOLK 51 10 4A 01 FOR PCL NO / SEE SEC 045-01-9 1 1 --sw-- N/Mni rnanaW. --H-- uM.Ess owanN oll♦flNnsE,AUPrmPERnes NOTICE COUNTY OF SUFFOLK © K APE YATWN THE FQLONNO DSTRICR E -p-- fmweoma um --R-- SQ1o0. 10 $ENER WWD MAINTENANCE, ALTERATION, SALE OR Real Property Tax Service Agency Y RRE 1831 HYO' T DISTRIBUTION OF ANY PORTION OF THE ®� �aq County Centel Rlverhea0, N Y 11901 UGHf 48 Y✓.tOi SUFFOLKCOUNTYT/1%MAP IS PROHIBITED ^� °SM IN FEEP� at10 P O� -L�- AmOu�deuCWe--q�- SSE IIV+ eutµ� TEvntER VNTHOUOPE WRITTEN PERMISSION E THE QS' -_P-- Yed°inmOmAe WO--� REAL PROPERTY TA%SERVICEAGENCY _ _ _ _ ' _ - '^`�"•: ,'• {meq