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HomeMy WebLinkAbout6131 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Mailing Address: Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54-375 Main Road (at Youngs Avenue) Southold, NY 11971 RECEIYED ~ FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OFAUGUST 7 2008 ZBA # 6131 - GREG AND KARMEN DADOURIAN CTM 14-2-23 Property Location: 695 Petty's Drive at Long Island Sound, Orient SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. BASIS OF APPLICATION: Building Inspector's December 28, 2007 Notice of Disapproval, under: (1) Section 280-124, and (2) Section 280-15, concerning the location of a proposed dwelling at less than 40 feet from the code-required minimum front yard setback, and for a swimming pool located in a side yard rather than the code required front yard or rear yard for this waterfront parcel. PROPERTY FACTS: The applicants' property is vacant land with 36,678.43 square feet in area measured between the Long Island Sound and the street. The lot has 134.43 feet along the northern lot line at the high water mark of Long Island Sound, 318.45 feet along the west side, 273.11 feet along the east side, and 115.29 feet along Petty's Drive. After deducting the coastal erosion areas, the area of the property is only 24,438 square feet. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on February 28, 2008, April 24, 2008 and July 24, 2008, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: Page 2 - August 7, 2008 ZBA # 6131 - G. and K. Dadourian CTM 14-2-23 AREA VARIANCE REQUESTED: Applicants wish to build a two-stow house with garage and an accessory swimming pool on this vacant lot adjacent to Long Island Sound. 1) The proposed new dwelling on this nonconforming parcel in the R- 40 Zone is not permitted according to Article XXIII, Section 280-124 which is intended to provide minimum standards for principal buildings of lots which are nonconforming. The required front yards setback for lots measuring between 20,000 and 39,000 sq. ft. is 40 feet. The setback of the new dwelling is proposed at 35 feet. 2) Also, the construction of an in-ground swimming pool on this nonconforming parcel in a R-40 Zone is not permitted pursuant to Article XXII Section 280-15 which states: accessory buildings and structures or other accessory uses shall be located in the required rear yard. The in-ground swimming pool is proposed to be located as an accessory structure in the westerly side yard. AMENDED APPLICATION: The applicants amended their application to move the swimming pool five feet to the South (closer to the street) to alleviate some of the neighbors concerns as to placement of the pool. They also submitted a detailed landscape drawing which provides more screening for sound control and privacy. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Town Law §267-b(3)(b)(3)(1). Grant of the relief requested will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. There are other houses of comparable size in the neighborhood. According to dictates of the LWRP requirement; the house and pool meet these requirements being built at least 100 feet from the edge of the bluff. The house and pool are at least 100 feet from the bluff (the house is 100.3 feet and the pool in the new location is 100.4 feet). The pool had to be placed on the west side of the property based on the requirements of the Department of Health Services for sanitary system location purposes. The Suffolk County Soil and Water Conservation District evaluation report was positive on their analysis, particularly with the placement of applicant's leaders and gutters, and the applicant's plan for overflow of water from the pool into drywells placed landward of the rear/north side of the house as proposed. Page 3 - August 7, 2008 ZBA# 6131 - G. and K. Dadourian CTM 14-2-23 2. Town Law §267-b(3)(b)(3)(1). The benefit sought by the applicants cannot be achieved by some other method, feasible for the applicants to pursue other than an area variance. In order to comply with the LWRP code, the dwelling must be built 100 foot from the bluff. As a result, the applicants must request a front yard setback of 35 feet instead of the required 40 feet. The pool requires a variance as well, because the pool cannot be built on the east side because of the placement of sanitary system by the Health Services. The pool cannot be built in the rear of the house according the LWRP code as to setbacks from the bluff (100 feet). 3. Town Law §267-b(3)(b)(3)(1). The variances requested are not substantial. 4. Town Law §267-b(3)(b)(3)(1). The difficulty has been not been self created because of other restrictions on the lot. 5. Town Law §267-b(3)(b)(3)(1). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Town Law §267-b. Grant of the relief requested is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a dwelling and swimming pool, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. 7. The requested variances are consistent under Town LWRP Code Chapter 268 since the plan includes on-site location of drywells and drainage system which will protect the bluff and adjacent lands, as per conditions of LWRP. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Oliva, seconded by Member Weisman, and duly carried, to Grant the variances as applied for, according to the plans drawn by Nathan Taft Corwin III dated December 3, 2007 and subject to the following Conditions: Location of a 16' by 36' pool shall be as per new landscape/site plan at 54.5 feet from the front line (Perry's Drive) and 15 feet from the western side lot line, and of a house as per January 9, 2007 site survey at 35 feet from the front line (Petty's Drive). Page 4 - August ? ZBA # 6131 - G. and K. Dadourian CTM 14-2-23 2. Compliance with the landscape/site plan submitted by the applicants and with the Leyland spruce being 6 to 8 foot tall. 3. The landscape/site plan shall be made part of the permanent building record. All plantings shall be continuously maintained. 4. The pool equipment shall be sound proofed for consideration of the neighboring home(s). 5. The setback for the proposed dwelling at 35 feet.. That these ZBA conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Oliva (Vice Chairwoman), Simon and Weisman. Members Dinizio and Goehringer (Chairman) were absent. This Resolution was duly adopted (3-0~) 81 z'? ~2008 Approved for Fihng SURVEY OF LOT 5 MAP OF PETTY'S BIGHT FILE No. 5859 FILED JANUARY 26, 1973 SITUATED AT ORIENT TOWN OF $OUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-14-02-2.5 SCALE 1"=40' JULY 50, 2004 JUNE 25, 2007 ADDED PROPOSED HOUSE JULY 25, 2007 RELOCATED PROPOSED HOUSE NOVEMBER 2, 2007 ADDED ADDITIONAL WELL & CESSPOOL LOCATIONS NOVEMBER 24, 2007 REVISED PROPOSED WELL LOCATION DECEMBER 5, 2007 ADDED TESTHOLE DECEMBER 12, 2007 ADDED LOT COVERAGE _._....~ JANUARY 9, 2007 SET LATH FOR SITE iNSPECTION AREA = 56,678.45 sq. ff. (TO TIE LINE) 0,842 ac. CERTIFIED TO: GREGORY DADOURIAN PECONIC ABSTRACT, INC, FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEW YORK TEST HOLE DATA (TEST HOLE DUG BY McDONALD GEOSC~ENC£ ON NOVEMBER 8, 2007) DARK BROWN LOAM OL PALE BROWN SILT ML BOARD -- WATER IN {~ROWN FINE ~kZx -- TO MEDIUM SAND SP --20 25' ZONE X DESCRIPTION AREA ~ LOT COVERAGE HOUSE & COVERED 5,464 sq. ft, 14.2X PORCH POOL 640 sq. ff. 2.6~ TOTAL 4,104 sq. ft. 16.8% N.Y.S. Mc. No, 50467 Nathan Taft Corwin III Land Surveyor PHONE (631)727-2090 F~x (651)727-1727 24-260C FOUND STAKE WOOD STAKE DIA. SYMSOL KEY / IFINA]: MAP ' I ..... PROPOSED WIRE FRNCE / ~ EDGE OF OV~,O~OW, ~,~ i~~.~2 PROPOSED SEA GREEN JUN 2 3' PROPOSED BLUE SPRUCE 6-8' ~PROPOSED PRIVET HEDG~ PROPOSED BOXWOOD PROPOSED BAYBERRY KOUSA DOGWOOD 6-8' , BRADFORD PEAR 5" CAL, LANDSCAPE PLAN DADOURIAN RESIDENCE TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK $,C, TAX No, 1000-14,-02-23 SCALE 1 '=40' FORM NO. 3 NOTICE OF DISAPPROVAL TOWN OF SOUTHOLD Date: December 28, 2007 TO: Patricia Moore Esq. for G & K Dadourian 51020 Main Rd. Southold, NY 11971 Please take notice that your permit dated December 14, 2007 For a permit for construction of a new dwelling & accessory ing Location of Property: 695 Petty's Dr., Orient, NY County Tax Map No. 1000- Section 14 Block 2 Lot 23 Is returned herewith and disapproved on the following grounds: The proposed new dwelling on this nonconforming parcel in the R40 Zone is not permitted pursuant to Article XXIII, Section 280-124 which is intended to provide minimm standards for principal buildings of lots which are nonconforming. The required front yard setback for lots measuring between 20,000 & 39,999 sq. fL is 40'. The proposed setback is 35'. Also, the construction of an inground swimming pool on this nonconforming parcel in a R40 Zone is not permitted pursuant to Article XXII, Section 280-15 which states: "In the Agricultural-Conservation District & Low-Density Residential R80... Districts, accessory buildings & structures or other accessory uses shall be located in the required rear yard, ..." The proposed inground swimming pool will be located in the side yard. Authorized Signature APPLICATION TO THE APPEALS , ~Notes: Filed By: Date Assigned/Assignment HouseNo. 695 Street Petty's Drive Hamlet Orient SCTM 1000 Section 14 Block 2 _Lot(s) 23 Lot Size 3&678 Zone r-40 I ONE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED December 28~ 2007 BASED ON MAP DATED last revision-July 25~ 2007. Applicant(s)/Owner(s): Karmen Dadourian Mailing Address: 5 Ridge Circle ~ Manhasset NY 11030 Telephone: 917-873-3195 Fax g: Email: NOTE: In addition to the above, please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative: Patricia C. Moore Esq. for ( ) Owner, or ( ) Other: Agent's Address: 51020 Main Road~ Southold NY 11971 Telephone 631-765.4330 Fax #: 765-4643 Emalh pcmooorel~,optonllne, net Please check box to specify who you wish correspondence to be mailed to, from the above names: [] Applicant/Owner(s), or E Authorized Representative, or [] Other Name/Address below: WHEREBY THE BU1LDING INSPECTOR REVIEWED MAP DATED 7/25/07 AN APPLICATION DATED 12/14/07 FOR: ~ Building Permit [] Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use [3 Permit for As-Built Construction []Other: and DENIED Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article XXIII Section 280- _124 (house front yard setback) Subsection. and X~ll Section 280-15 (pool in side yard) Type of Appeal. An Appeal is made for: E A Variance to the Zoning Code or Zoning Map. [] A Variance due to lack of access required by New York Town Law-Section 280-A. [] Interpretation of the Town Code, Article Section [] Reversal or Other A prior appeal [] has, E has not been made at any time with respect to this property~ UNDER Appeal No. __Year__. (Please be sure to research before completing this question or call our office for assistance.) Name of Owner: Dadourian ZBA File # REASONS FOR APPEAL (additional sheets may be used with preparer's signature): AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: The house was located at the same front yard setback as both adjacent homes in order to maximize the setbacks from the Long Island Sound. The proposed pool is within the building envelope of the dwelling. The pool is placed at the maximum distance to comply with 100 foot setback from the top of the bank. The side yard location of the pool is preferable to placement of the pool seaward of the 100 foot setback. Placement of the pool in the front yard would be unattractive and also require a front yard setback (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: Placement of the pool seaward of the proposed house would require a variance. The house can not be moved toward the road without requiring a variance. The pool is proposed within the principal building setbacks at 40 feet from the street, 100 feet from the bank and 15 feet from the side. Environmental policies outweigh the policy of a variance for the location of the pool in a side yard. Also the house is in conformity with both neighbor's homes which are also at 35 feet from the front property line. (3) The amount of relief requested is not substantial because: The location of the pool, in a side yard, necessitates a variance and also maximizes the setbacks to the Long Island Sound. The house is placed at 100 feet from the top of the bank or bluff which in this case is a very Iow bank. The house and proposed pool are set back 100 feet from the top of bank and more than lS0 feet from the Long Island Sound in order to complies with LWRP. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The pool will be set back 15 feet from the side property line. The neighbor's garage and driveway are adjacent to the pool. Adequate room is left to landscape the pool area for privacy. SwornJ0~before me t~is / ~'~-~ (Agent must submit written Authorization from Owner) PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (516) 765-4330 Fax:: (516) 765-4643 July 28, 2008 Attn: Linda Zoning Board of Appeals 53095 Main Road PO Box 1179 Southold, NY 11971 RE: GREG & KARMEN DADOURIAN PROPERTY ADDRESS: 695 Petty's Drive SCTM: BOAP/D OF APPEALS,, @ Long Island Sound, Orient 1000-14-2-23 Dear Chairman and Board members: With reference to the above, enclosed please a copy of a portion of the site plan which identifies the distance to the pool filter being 45.1 feet and the distance of the pool itself to be 54.5 feet. Thank you. yours, PCM/bp encls. HOUSE 5' FORWARD, POOL 5'~WARD AND CHANGED TO 18xS6 SURVEY OF LOT 5 MAP OF PETTY'S BIGHT SITUATED ORIENT TOWN OF $OUTHOLD SUFVOLK COUNTY, NEW YORK BOARD OF APPEALS PATRICIA C. MOORE ~A~ ~o~rn. ey ~at ~Law, ~luzu Mmn ~ aa Southold, New Yor~ 11971 Tel: (631} 765-4330 Fax: (631) 765-4643 June 4, 2008 gu~hold TowD, $oning BQard o~ Appeals n~lrgan,~oenrlnger and Boar~ aiR ~oa~ Southold, NY 11971 By Hand BOARD ?F APP ALSj Re: Karmen Dadourian 1000-14-2-23 Dear Mr. Goehringer and Board: ~ ~ O~ April 2~ ~ forwarded a %an~cape p%an with proposed 5'-6' ey~ano cypres~ a±ong ~ne prqpe~c~ l~ne up ~o ~be nel~h~qr.'~ br$~ arDeque s~ruc~ure anq a prlve~ neage a±ong ~ne roaa wnlcn Will preserve everyone's privacy. t~n~ April 24~" the neiqhbors submitted additional comments, one of c~mments was whet~er the pool could be moved a few feet towards the road. ~ In ~a contiDued ~effort to ~sbow.,good W$~i .an~ c~ope~atiQn, ~Dclose~ is a site pl~n.~repar~ D~,~ne a~cnlcec% w~icn re±oca~es ~ poQ1 5~fee~ tQwar~s ~ne roa~. Tne pool is redesigned to 18' x ~', ,also ~ue Eo ~De ~o~eme~ of ~h9 po~l the~own9~ wlsn~s ~o move ~e nquse .p~ppo_~clo~te~ rlv9 re~c Cl.qser tQ~ tn~ ro~ ~at, ~±osest,Ro%n5; '~%ne %ice psan ~±so snow~ ~oe sma±± relocation or cne house, tFrlnt ano en±argeo print attacneo; Tb~ poo~ ~emains %~ f~et from ~hg, property line in conformity with tne minimum setbacks for Docn accessory and principal structures. Our original plan placed th~ pool and house 100 feet fro~ top of~h~ bluff in order t~compl~ With t~ T~wn'~ wetlan~r~ulat~Qns, po±l~l~S of L_W~P a~d EQ maxlmlzD, setbacks rQr DE~ ~ld~l We~±an~ requlat~ons. Tne re±ocation of the nouse, ano DOO± increases the se~ac~ from the ~op of bl~ff/~nk., ~ variance ~rom. the f~o~t y~d g¢tDac~ a% 35 feec was o~ig~na~±~ ~Dgmltteo in or~er to maximize cn~ ols~gnqe rrQm the top or cn~ D~urr/Dank. This %ront yar~ setbac~ wou±G .De.~±igh~ly ~ncreaseo oue to the neighbor's request to relocate the pool. Th~ pool is ~pp~Qxima~ely 45 feet aw~y ~f~o~ the ,neig~hbQ~'S attacneG garaqe, in ±lne with the ,~ar.a99 ~ano orlveway; anG rive feet further ~way from the back of cnelrnouse. Th~pool is located on the west side of the property ~gcause the DroPoseo sanitary system must be on the east sloe. Tne Health ~pautme~ wil~ ~ot.~llow ~be saqitar¥ on the ~est ~ide because o~ one ±ocatlpn or existing we±±s anG sanitary s~scems. Qrlent Goes not have public wg~er and we ~Dst ~confor~ tQ the H~lth~ Department regulations wlcn regard to cne p±acemenc o~ the we±± ano sanitary. The relocation of the DOO1 toward the street enabled the owner ~o redesign poo~.tQ 1~' 36~(a_~tanda~d siz~. The.hou~ ha% b~n aeslgn~a in ~Dulqlp~uion~ o~ ~ne poo± on._~ne ~e~u ~ae ~ ~e proPersy and une GecKs anG sua~rs w~re Ros~u~oneG in ±~ne w~sn une poQ1. . The owner's housg. ~as _,s~gnffic~ntl~ .$mpacSe~_ by ~e re±ocat~on of the Pool to saulszv une requesEs on 5ne nelgnoor. T e o~wser, reqDest$~th&t the house Ioca~ion (30.~ from ~he.street) be ~u~ue~ ~o ~nzse~ th~ ~DLo~aEion o~ the pOOL in orGer Co preserve Ene Ges~gn e±emenus on une nouse. W~ continue to incorporate the ~rywe~ls add gDDtDrs required,to control ~torm water~uno~,, t~e ppOL e.qu~p~ will D~,enciQsDD ~s prev~ogsLy r~questea; and une ±anGscapihg w~±± screen une ne~gnDor s nomes ~rom view. The continuation, of the bearing ~ad be~D.antic.ipated to.~ont~nue in, May, could t~e DoarG please place Enls mauuer on une oune caienoer. Thank you for your continued courtesies. cc: Mr., &~ Mrs Dadouria~ ~ M~Geilne DrQege_w/e~c$ ~ D~no & Desp~na Demecrzaaes w/encl. 30ARD OF APPE/'! '~ PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, NewYork 11971 Tel: (516) 765-4330 Fax:: (516) 765-4643 July 28, 2008 Attn: Linda Zoning Board of Appeals 53095 Main Road PO Box 1179 Southold, NY 11971 RE: GREG & K~t~/~EN DADOURIAN PROPERTY ADDRESS: 695 Petty's Drive @ Long Island Sound, SCTM: 1000-14-2-23 BOARD OF APPEALc' Orient Dear Chairman and Board members: With reference to the above, enclosed please a copy of a portion of the site plan which identifies the distance to the pool filter being 45.1 feet and the distance of the pool itself to be 54.5 feet. Thank you. PCM/bp encls. BOARD OF APPEALS SET WOOD STAKE FOUND I/OOD 0 April 2, 2008 pu~hold ~owll, $oning Board o[ Appeals n~lrman,~oenrmnger and soaro amn Road Southold, NY 11971 By Hand PATRICIA C: Southold, New York 11971~ Tel: (631 ) 765 -4330 Fax: (631) 765-4643 BOARD OF APPEALS Re: Karmen Dadourian 1000-14-2-23 Dear Mr. Goehringer and Board: In Accordance with the comments at the hearinG, enclosed Dlease fmnd my client's landscape plan. The owner h%s proposed 5'-6' Leylan~ cypress along th~ property line up to the nei~hb~r'~ br%qk b~rbeque structure and.~prmvet hedge along the road wnlcn wimm preserve everyone's privacy. To reiterate the points made at the hearing: l, ThC pool~is p!ace~ ~t the location ~ f~et~fro~ the property mne m~ conzorm~n¥ wlt~ the mlnzmum se5Dacms ~or Doth accessory and prmncipal structures. 2. The pool and house were placed at 100 feeg f~om to~ o~ the bluff.in o~o ~omply wSt~ the .~ow~,'s ~et±an~ r~qulat~Qns~ poil~l~$ or D~RF and to maxmmmze SeEDaCKS zor DEC TldR± Wetland regumac~ons. 3. ThD ~ool is app[o~im~te%y 45 ~e~t ~way from ~he_n~ighbor'~ at[acneo ~arag~ ado ms mn mzne w~tB t~e garage land orzveway) and not tSelr mivmng area. 4. The pool is logated on the west side of the property because ~he, ~ro~osed sanmtarz syste~,must be o~ the eas~, side. T~e Meamnn Department will not allow the sanitary on Ene west sloe because ~ the locatmon of existing we%ls and sanitary systems. Orient does not have ~ubl.ic water and we must conrorm to the ~alth, pepa[tmen¢_regulatmons with regard to the placement of cne we±± ano sanmcary. 5. The owner does ngt ~ant the Doql att~ghe~.tQ ~he. bous¢. Th~ poom.%s ~t~rade .and ~n±y 16 ,fe~t mn widen wnlcn ms ~n~ ~mn~m~± p~ca~,om~ens~o~ or_a poQi .[mos~ poo±~.a~e %8 to ~0 ~eec l~ wmocD~. Tne nDuse nas peen oesl~neo in anticipation oL the pool on t~e west side of the property. ,~ have forwarded a copy Qf oq~ landscape Alan ~o bo~b ~DignDQr~.. As you Know ! am Qu~ of En¢ country~ 5nere~ore, is 5ne nel~o~ appear an~ sp~aK_~t.the nearing, ~ would. ~e~est ~n oppoAsun~sy. ~o r~poqd 5q~e~r comments anG ask tna~ the nearln~ De cons~nue~ 5o may z~sn. However, if no ne a~pe~rs ob A~ril 24~n, and vou have no further questions, ~en ±ask that the hearing be ~losed. Thank you for your continued courtesies. ~---P~t~ricia C. Moore cc: Mr. & Mrs Dadourian M~deline DrQe~e w/enc% ~ D~no & Desp~na Demetr~a~es w/encl. PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 Janua~ 30,2008 Attn: Gerard P. Goehringer, Chairman Town of Southold Zoning Board of Appeals Main Road PO Box 1179 Southold NY 11971 RE. CE VP-. J,Ui 3 0 BOAP, D OF APPEALS_ RE: GREG & KARMEN DADOURIAN PREMISES: PETTY'S BIGHT, ORIENT SCTM: 1000-14-2-23 Dear Mr. Goehringer: With reference to the above and pursuant to notice of incomplete application, please be advised that I have confirmed the lot coverage calculations with the survey and am enclosing seven (7) copies of same. The survey plans of the house and pool are the same as what was submitted to the Building Department for the original Notice of Disapproval. Thank you. PCM/bp encls. BOARD OF APPEALS 13OARD OF.APPEALS FLOOR PLAN lllll l]lll F~ONT ]E~_E'v'ATION II I I ] I I Il I I l[ I I ~I IIIr] IlflllBI II I I III I Iff I I g I Ifll [iii ii ii [Ill [ il HI ~¢~/-,-/3 / BOARD OF APPEALS ]0-~E~I8 / A,~D OF APPEALS ~I~t,4T 51DE ELEVATION LEFT E:,IIDE ELE'V,A, TION -~/~ I BOARD OF APPEALS PATRICIA C. MOORE Attorney at Law 51020 Main P, oad Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 BOARD OF' APPEALS January 14, 2008 Attn: Gerard P, Goehringer, Chairman Town of Southold Zoning Board of Appeals Main Road PO Box 1179 Southold NY 11971 RE: GREG & KARMEN DADOURIAN PREMISES: PETTY'S BIGHT, ORIENT SCTM: 1000-14-2-23 Dear Mr. Goehringer: With reference to the above, enclosed please find seven~.~)"sets application together with attachments. of a Variance My clients check for the filing fee is also enclosed. Thank you. ., ./Ve~ true.ours, ~ Patdcia C. Moore PCM/bp encls. .TOWN~ OF SOUTHOLD BUILDING DEPARTMENT I'OWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 www. northfork, net/Southold/ Examined 20__ Approved t , 20 Expiration ,20__ , ,i dL]CEC PERMIT NO. BUILDING PY~IT APPLICATION CHECKLIST Do you lq'~ve or need the following, before applying? Board of Health 4 sets of Building Plans Planning Board approval Smwey. Check : Septic Form N.Y.S.D.E.C. Trustees Contact: Mail to: Building Inspector APPLICATION FOR BUILDING PERMrI Date INSTRUCTIONS BOARD OF APPEALS 12 -/5- ,2o=~7_ a. This application MUS~'be completely filled in by typewriter or in ink and submitted to the Building Inspector with 3 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 issumme or has not been completed within 18 months fi.om 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 th& 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, and regulations, and to admit authorized inspectors on premises and in building for necessary inspection~~ (Signature of applicant or name, ifa corporation) (Mailing address of applicant) ~ate whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Name of owner of premises . 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 of land on which proposed w_ork will be done: House Number ' - - S~eet County Tax Map No. 1000 Section /r../ Block Subdivision Hamlet (Name) O2 Filed Map No. Lot Lot · f~mi '2. State existing use anc[ occupancy o ses and intended a. Existing use and occupancy ,,~ ,~. ,~Tr-~ ~ f?~>o / b. Intended useandoccupancy f~,~. ,,~p-~--~e ~,,~t:h~/ Nature of work (check which applicable): New Building /~ Addition Repair Removal Demolition Other Work 4. Estimated Cost 5. If dwelling, number of dwelling units If garage, number of cars use and occupanc~l~proposed construction: Fee Alteration (Description) (To be paid on filing this application) Number of dwelling units on each floor 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if any: Front Rear " Height Number of Stories Dimensions of same structure with alterations or additions: Front Depth. Height Number of Stories 8. Dimensions of entire new construction: Front Rear Depth. Height Number of Stories Depth Rear · - 9. Size of lot: Front Rear 10. Date of Purchase Depth _ Name of Former Owner 11. Zone or use district in which premises are situated 12. Does proposed construction violate any zoning law, ordinance or regulation? YES 13. Will lot be re-graded? YES 14. Names of Owner of premises Name of Architect Name of Contractor NO __ NO__Will excess fill be removed from premises? YES Address Phone No. _ Address .Phone No Address Phone No. i5 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet ora tidal wetland? * YES NO * IF YES, D.E.C. PERMITS MAY BE REQUIRED. NO NO 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. '_. il. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. STATE OF NEW YORK) COUNTY OF ~(~/Yffo/~S)S: ~~'~ ~'~'~d)~ being duly swom, deposes and says that (s)he is, the applicant ""' (Name of individuaI signing contract) above named, . (S)He is the (Contractor, Age'Officer, etc.) of said owner or owners, and is duly authorized to perfmTn 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. Signature of Applicant 6317273160 FAX2($3~) 727-3~60 USDA NRCS OUI ¥ OF SUFFOr.K G~rard P. C-ochrin~cr, Chairman Sougaold Town Board of Appeals Town Annex/First Floor, North Fork Bar& 54375 Main Road Sonthold, NY 11971 March 3, 2008 PAGE 82/83 T~ J. IMJiah~n Dear Mr. C,-oehringcr: Wc have completed a site inspection for ZBA File Ref. No. 6131 (Dadourian) located at Petty's drive in Orient as you have raquested. At thc present time the lot is vacant and has been staked out to show the proposed location of the cesspools and house comers. Upon e~ttering the lot there is a short slope rising up to a relatively level lot arem. The lot is mostly covered in annual weeds, small shrubs and few trees. Near thc bluff'side there is a~ open arcs of low/rasses with some scattered small cedars. The bluff face is low and steep. It is covered mostly by woody shrubs and has some grasses and weeds alonl with phragmites. Along the b~ach ~om the toe to the high fide lille the surface is covered with debrig such as dri/~0vood and downed trees. Some small shrubs and grasses are growing mixed within the flash. High tide is approximately 30 to 50 feet from the toe. It appea~ that the storm level tide may ~each the toe of the slope. Soils on this parcel are mapped as HaB (Haven with 0 to 2 percent slopes) and Bc (Beaches). Bngin~rin/properties for Haven soils show only a low compressibility. "Permeability is moderate in thc surface layer and subsoil and rapid or very rapid in the subslratum." Beaches consist of sands, gravel and cobbles. Peiii~embility is extremely rapid. Limitations for this soil are severe for homesites and sewage disposal ficld~ duc to high water. The survey map shows thc proposed locations for a house and pool with drainal~c included. It appears that the denial is based on the proposed pool location only. Surface water roof runoff from thc honsc and 04/21/2008 10:06 G3172731GO USDA NRCS PAGE 03/03 pool drsinugc water is proposed to be placed into drywclls. That is our stmdar~ recommendation. The slope for the proposed driveway should not present an emslon hazard. Haven soils ar~ very good for lawns and ]andscaping~ If you have any further questions please feel free to contact us again. l~espcctfully, Paul A. TeNyenhuis, Senior Soil Distric~ Technician DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE February 5, 2008 Town of Southold ZBA 53085 Main Rd., P.O. Box 1179 Southold, NY 11971 Dear Sir: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) submitted to the Suffolk County Planning comrmssion is/are considered to be a matter for local determination as there appears to be no significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Applicant(s) Municipal File Number(s) ' Mitarontondo 6128 · Rose 6130 Dadourian 6131 - Reiger 6132 Very truly yours, Thomas Isles, AICP Director of Planning TRK:cc S/sTheodore R. Klein Senior Planner LOCATION MAILING ADDRESS H. LEE DENNISON BLDG.- 4TH FLOOR P.O. BOX 6100 (631) 853-5190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 853-4044 Applicant: APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) ,~0'~0 ~'r"/r~./,x~ Date Prepared: I. For Demolition of Existing Building Areas Please describe areas being removed: BOARD OF AppEAL5 II. New Construction Areas (New Dwelling or New Additions/Extensions):, 140~ ~ Dimensions of first floor extension: , 70".~ ~.~- ' Arou,e' / .~O(~ Dimensions of new second floor: ' ~' Dimensions of floor above second level: Height (from finished ground to top of ridge): 5-2. ~ I ~[z" Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: III. Proposed Construction Description (Alterations or Structural Changes) (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: ~~ Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: Proposed increase of buildin,~ coverage: }4~ *dou~ Square footage ofyour lot: 19ct.d,-'l~b~ ~ {o,n~d~ Percentage of coverage of your lot by building area: f V. Purpose ofNew Construction: ~r-~l ~ ~(~-_ ',/E~ · / VI. Please describe the land contours (fiat, slope %, heavily wooded, marsh area, etc.) on your land and how it r~lates to the difficulty in meeting the code requirement(s): Please submit seven (7) photos, labeled to show different angles of yard areas after staking corners for new construction), and photos of building area to be altered with yard view. 7/2002; 2/2005; 1/2007 Town of Southold LWRP CONSISTENCY ASSESSMENT FORM All applicants for permits* including Town of Southold agencies, shall cot pI~A(~orAPPEAL$ proposed actions that are subject to the Town of Southold Waterfront Cons stency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. INSTRUCTIONS Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 1000-14-02-23 (Gregory Dadorian) AGENT: Patricia C. Moore Esq. 51020 Main Road, Southoid NY 11971 631-765-4330 The Application has been submitted to (check appropriate response): Town Board [] Planning Dept. [] Building Dept. [] Board of Trustees X 1 Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) [] (b) Financial assistance (e.g. grant, loan, subsidy)[] (c) Permit, approval, license, certification: [] Type: Trustees Permit Town of Southold LWRP Consistency Assessment Form I Nature and extent of action: new residence 100 feet from the top of the bank and new Sanitary 70 feet from the top of the bank (more than 160 feet to the Long Island Sound) in order to comply with separation distances of wells to sanitary pursuant to Health Department regulations Location of action: Petty's Drive, Orient Site acreage: 36,678 sq.ft. Present land use: residential Present zoning classification: R-40 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: Karmen Vartanian & Gregory Dadourian (b) Mailing address: 5 Ridge Circle, Manhasset NY (c) Telephone number: (1) e/o Pat Moore 765-4330 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [] No X If yes, which state or federal agency: __ DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III- Policies; Page 2for evaluation criteria. Yes X No [] Not Applicable [] Discussion (if appropriate): The existiw, residence will comply with setbacks to bankl, however the sanitary can not due to separation of sanitary to neighboring wells. The sanatarv is more than 160 feet to thc Long Island Sound Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section II1 - Policies Pages 3 through 6for evaluation criteria Yes [] No [] Not Applicable X Discussion (if appropriate): The site is not identified as area of archeologieal sensitivity or on the National Register on the map produced by NYS Dept. Of State, Division of Coastal Resources. Town of Southold LWRP Consistency Assessment Form 2 Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7for evaluation criteria Yes X No [] Not Applicable [] Discussion (ifappropriate):There are existing natural shoreline protective features, the top of bank is a low bank only 14' above mean hiigh water. The proposed construction is approximately 100 feet from the approximate high water mark. Thc proposed house will contain gutters and leaders which control drainage and provides for proper sedimant control. Proper land management practices will be implemented. NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III- Policies Pages 8 through 16for evaluation criteria Yes X No [] Not Applicable [] Discussion (if appropriate): The proposed residence will comply with FEMA flood standards. Policy 5. Protect and improve water quality and supply in the Town of Southold. See L WRP Section III - Policies Pages 16 through 21for evaluation criteria Yes No [] Not Applicable X Discussion (if appropriate): The properties are served by private wells and private sanitary, the owner must conform to public health standards. The sanitary location is determined by location of neighboring wells. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32for evaluation criteria. Yes X No [] Not Applicable [] Discussion (if appropriate): The site is adiacent to Long Island Sound. The lot conforms with Town policies and New York State policies. The distance of thc house and sanitary to tidal wetlands is maximized and exceeds 100 feet. Policy Z Protect and improve air quality in the Town of Southold. See L WRP Section III - Policies Pages 32 through 34for evaluation criteria. See Section III - Policies Pages; 34 through 38for evaluation criteria. Yes [] No [] Not Applicable X Town of Southold LWKP Consistency Assessment Form 3 Discussion (ifappropriate):No impact is anticipated to air quality by a single family dwelling. Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See L WRP Section III -Policies; Pages 34 through 38for evaluation criteria. Yes X No I-1 Not Applicable [] Discussion (if appropriate): The proposed house and sanitary is designed to minimize environmental degradation. PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III- Policies; Pages 38 through 46for evaluation criteria. Yes X No [] Not Applicable X Discussion (ifappropriate):The parcel is private, however, access along the beach is open to the public WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56for evaluation criteria. Yes X No [] Not Applicable [] Discussion (if appropriate): Residential Homes along the water are the primary use in the Town of Southoid. Southold has limited commercial development and the taxes that new single family homes pay is disproportionate to the services they demand. Compliance with FEMA isrequired. Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62for evaluation criteria. Yes X No [] Not Applicable [] Discussion (if appropriate): The house will comply with FEMA is environmentally friendly and all the regulatory agencies control the project to prevent degredation of the environment. The sanitary is more than 100 feet to the Long Island Sound Town of Southold LWRP Consistency Assessment Form 4 Policy 12. Protect agricultural lands in the Town of Southold. See L WRP Section 111 - Policies; Pages 62 through 65for evaluation criteria. Yes [] No [] Not Applicable X Discussion (if appropriate): The area is not a designated agricultural district. The neighborhood consist of single family homes on existine narcels Policy 13. Promote appropriate use and development of energy and mineral resources. See L WRP Section III - Policies; Pages 65 through 68for evaluation criteria. Yes X No [] Not Applicable [] Discussion (ifappropriat¢):Residential development is a recognized permitted and encouraged use in the Town of Southold. Compliance with FEMA and Suffolk County Sanitary Code is a County and State policy. * copy of Town form created on 2/11/06 Town of Southold LWRP Consistency Assessment Form 5 QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATI( Is the subjeqt premises listed on the real estate market for sale? [] Yes )~No ,BDA P D O:F &t B. Are there any proposals to change or alter land contours? ~8~No [] Yes, please explain on attached sheet. C. 1) Are there areas that contain sand or wetland grasses? 2) Are these areas shown on the map submitted with this application? 3) Is the property bulkheaded between the wetlands area and the upland building area? 4) If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? X]C"~ Please c~onfirm status of your inquiry or application with the Trustees: D~'~clt.~, (--~ann~m~.~.~t~ } and if issued, please attach copies of permit with co~nd~:~ions and ~pp~:oved m~." Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? t, lo Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? 1'4o (Please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) Do you have any construction taking place at this time conceming your premises? txlo If yes, please submit a copy of your building permit and map as approved by the Building Department and describe: G. Do you or any co-owner also own other land close to this parcel? the proximity of your lands on your map with this application. [MO Ifyes, please label H. Please list present use or operations conducted at this parcel ~to ~a~.~ and proposed use ~-~ e'rtJo~ r~ uti ~ ~xa -~ingle-family; proposed: same with garage or pool, or other oUescription.) Axtth~rized Signature and Date 2/05; 1/07 ~ppenasx ~ ' Environmental ~lite Environ~ Oualit~ ENV-IRONMEN HUI .T ENVIRONMENTAL ASSESSME1 For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To ~ completed b~ Applicant or P~ject Spore ~r) 1. APPLICANT/SPONSOR 2. PROJECT ~E . ~/~ 3. PROJECT LOCATION: /~ ~ /~ --~ - ~ Municipal~ ~~ Coun~ ~ /~ 4. PRECISE LOCATION (S~et add~s and road inteme~ions, prominent landmass, et~, or p~e map) 5. PROPOSED ACTION IS: ~ N~ ~ ~ansion ~ M~fio~alteration 6. DESCRIBE PROJECT BRIEFLY: 7. ~OU~ OF~ ~FEC~D: InEial~ 4 o ~ ~ - ac~ URi~te~ ~ ~ acres 8. ~LL PROPOSED ACTION COMPLY ~TH ~ISTING ZONING OR O~ER ~ S~NG ~ND USE RESTRIC~ONS? ~ Yes ~ No If No, des~ bHe~ 9. ~T IS PRESENT ~D USE IN VIClN~ OF PROJEC~ Des~: 10. DOES AC~ON I~OL~ A PERMIT APPROVAL, OR FUNDING, NOW OR ULTI~TELY FROM ANY OTHER GO~RNME~ AGENCY (FEDEX, STA~ OR LO~L)? ~ Yes ~ No If Y~, list agent(s) name and ~iFapprovals: 11. DOES ANY ASPECT OF THE ACTION ~VE A CURRE~Y V~ID PERMIT OR APPROVAL? ~ Yes ~ No If Yes, list agent(s) na~ and ~approva~: I CERTI~ T~T THE IN[OR~ON PRODDED ABOVE IS TRUE TO THE BEST OF MY KN~EDGE Appii~n.sp~ ~ O ~D~ Date: IIf the action is in the Coastal Area, and you are a state a~lency, complete the Coastal Assessment Form before proceeding with ss assessment I OVER 1 PART II - IMPACT ASSESSMENT o b om leted b Lead A enc : A. DO~S ACTION ~YCRR, PAR 6~ yes, coordin~ mv~*# process and uso the FULL EAF. DTM ~D No B. WILL ACTION RECEIVE COORDINATED REVIE'WAS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 if No, a negative declaration may be superseded by another involved agency. D¥.s DNa C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WiTH THE FOLLOWING: (Answers may be handwdttsn, if legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: C2. Aesthetic, agK~cultural, archaeological, historic, or other natural or cultural resources; or community or neighborhond character? Explain briefly: C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: C4. A community's ~xisting plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly: C5. Growth, subsequent develepment, or related activities likely to be induced by the pmposod action? Explain briefly: C6. Long term, short term, cumulative, or other effects not identified in Cl-C57 Explain briefly: C7. Other impacts (including changes in use of either quantity or type of energy? Explain briefly: D. WiLL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? [] Yes [] No If Yes, explain briefly: E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [] No if Yes, explain briefly: PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether iris substantial, large, important or otherwise significant. Each effect should be assessed in connection wffh its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irrevemibility; (e) geographic scope; and (0 magnitude. If necessary, add attachments or reference suppo~ng materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question d of part ii was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics ofthe CEA. ] ~heckthisb~~ify~uhaveidenti~ed~ne~rm~rep~tentia~~y~arge~rsigni~cantadverseImpactswhichMAY~ccur~ ThenproceeddirectlytotheFUL EAF and/or prepare a positive declaration. [] Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed actiol WILL NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting thi: determination. Name ofLeadAgency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer S~gnetura of Responsible Officer in Lead Agency Signature of Praparar (If different from responsible officer) APPEALS BOARD MEMB Gerard E Goehringer, Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Mailine Address: Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 August/~ 2008 Mr. and Mrs. Greg Dadourian 5 Ridge Circle Manhassett, NY 11030 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: ZBA # 6131 -Application by Karmen and Greg Dadourian (Variances) Dear Mr. and Mrs. Dadourian and Ms. Moore: Enclosed please find a., copy of the Zoning Board of Appeals determination rendered at the August 7, 2008 Meeting. Please be sure to contact the Building Department for follow-up regarding documents that may be required in the next step of applicable code reviews and building permit application process, and concerning any other agency approval, before commencing construction activities. Thank you. Encl. Very truly yours, aa ~owalski APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Ruth D. Oliva James Dinizio, Jn Michael A. Simon Leslie Kanes Weisman http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 76S-1809 · Fax (631) 76S-9064 Mailing Address: Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 August13,2008 Mr. and Mrs. D. Demetriades 400 Petty's Drive Orient, New York 11957 Re: ZBA Ref. 6131 - Greg and Karmen Dadourian Variance Determination Dear Mr. and Mrs. Demetriades: Please find enclosed a copy of the above-noted determination rendered by the Zoning Board of Appeals at its August 7, 2008, meeting for your information. Thank you. Very truly yours, Encl. Copy of Decision Linda Kowalski APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman Southold Town Hall 53095 Main Road · EO. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 August I~, 2008 Mr. and Mrs. Greg Dadourian 5 Ridge Circle Manhassett, NY 11030 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: ZBA # 6131 - Application by Karmen and Greg Dadourian (Variances) Dear Mr. and Mrs. Dadourian and Ms. Moore: Enclosed please find a/copy of the Zoning Board of Appeals determination rendered at the August 7, 2008 Meeting. Please be sure to contact the Building Department for follow-up regarding documents that may be required in the next step of applicable code reviews and building permit application process, and concerning any other agency approval, before commencing construction activities. Thank you. Very truly yours, Encl. Linda Kowalski Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765.1809 Fax (631) 765-9064 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 February 26, 2008 Suffolk County Soil and Water Conservation District 423 Griffing Ave., Suite 110 Riverhead, New York 11901 Re: ZBA File Ref. No. 6131 (Dadourian) Gentlemen: We have received an application for a project adjacent to Long Island Sound in Orient, NY, and shown on the enclosed site map. A decision on this application is expected about March 13, 2008. Enclosed is a copy of the site map, together with the application and a copy of the area map. May we ask for you assistance in an evaluation and recommendations for this proposal. Thank you for your assistance. Very truly yours, Gerard P. Goehringer Encls. Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 January 18, 2008 USPS Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File #6131 Action Requested: Within 500 feet of: Owner/Applicant: Greg and Karmen Dadourian Front yard setback & yard location variances ( State or County Road ( X t Waterway (Bay, Sound, or Estuary) ( Boundary of Existing or Proposed County, State, Federal land. Is needed, please do not hesitate to call us. Thank you. If any other information Very truly yours, Encls. Gerard P. Goehringer ZBA Chairman PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 January 8,2008 Attn: Gerard P. Goehringer, Chairman Town of Southold zoning Board of appeals Main Road PO Box 1179 Southold NY 11971 RE: GREG & KARMEN DADOURIAN PREMISES: PETTY'S BIGHT, ORIENT SCTM: 1000-14-2-23 Dear Mr. Goehringer: Withe reference to the above and supplementing the submitted application, enclosed please find copies of EXPIRED Covenants and Restrictions. PCM/bp encls. Thank you. Very truly yours, DECLARATION OF COVENANTS AND RESTRICTIO~ THIS DECLARATION made this day of August 1988, by Petty's Bight Association, Inc., Orient, New York. ' WITNE$SETH: WHEREAS, the said Petty's Bight Association, Inc., is the owner in fee simple of certain premises in the Town of Southold, County of Suffolk and State of New York, known and designated on certain maps entitled: "Map of Green Acres at Orient" made by Otto W. Van Tuyl & Son, Licensed Land Surveyor and filed in the office of the Clerk of Suffolk County as Map No. 3540, and WHEREAS, any person, firm or corporation owning real property as shown on Map of Green Acres at Orient, surveyed by Otto W. Van Tuyl, surveyor, Suffolk County, New York'~ shall be a meJ~ber of this Associa- tion. Ownership shall be determine~ by the records of the County Clerk of Suffolk County. Persons owning property, as tenants by the entirety, or as tenants in com,,on or as joint tenants, shall be entitled collec- tively to but one vote. WHEREAS, said Petty's Bight Association, Inc., is desirous of placing certain restrictions upon said premises which shall be binding upon all purchasers and mortgagees of individual lots, their heirs, ex- ecutors, administrators and assigns; NOW~ THEREFORE, THIS DECLARATION WITNESSETH: THAT the said Petty's Bight Association, Inc. for the benefit of itself, its successors and assigns, in consideration of the premises and for the purpose of carrying out the intention above expressed, does hereby make known, admit, publish, covenant and agree that the said premises .hereinbefore set forth, shall hereafter be subject to the. fol- lowing covenants running ~ith the land, and binding upon all purchasers~ mortgagees and holders of the said premises, their heirs, executors,'ad- ministrators, successors and assigns up to and including the 1st day of January ~000~ when they shall cease and terminate, unless duly extended pursuant to the terms hereof, vi~: 1. That no fence of any kind shall be erected upon any of the said premises from the front line of the building erected thereon ex- tended for the full width of the lot to the ~ront line of the said premises and no fence shall have a greater height than four (4) feet. 2. No sign of any kind shall be displayed to the public view on any lot except one professional sign of not more than one square foot, one sign of not more than five square feet advertising the property for sale or rent, or signs used by a builder to advertise the property dur- ing the construction and sales period. 3. No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot, except that dogs, cats or other household pets 2 mh~ be kept provided that they are not kept, bred or maintained for any commercial purpose. 4. No dwelling shall be permitted on any lot unless the ground floor area of the main structure, exclusive of one story open porches, shall be not less than 750 square feet. Any structure constructed on any lot shall be set back 40 feet from the front property line and 25 feet from the side line. Any structure on lot 17 and 21, inclusive, shall be set back a minimum of 130 feet from the rear property line. 6. No lot shown on said subdivision ~ap shall be subdivided or conveyed as separate parcels. 7. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which ,lay be or may become an annoyance or nuisance to the neighborhood. 8. No structure of a temporary character, trailer, abasement, tent, shack, garage, barn or other outbuilding shall be used on any lot at any time as a residence either t~mporarily or perl~anently. 9. The private beach and parking areas identified on said map as "For Residents Only", are to be reserved for t~e property owners on the said map and each plot owner will have an undivided interest in the aforesaid beach and parking area in common with all other property own- ers and each property owner will be obligated to pay his proportionate share of the cost of erecting improvements thereon and in the upkeep and expense thereof and for the upkeep and maintenance of the private roads shown on said map to Perry's Bight Association, Inc. annually in accor- dance with the by-laws of Petty's Bight Association, Inc., on which date said charge shall become a lien upon the property and so continue until fully paid. Said charge will be determined and voted upon at the annual meeting of said association. A penalty charge of interest at 8% per an- num upon the unpaid balance will be imposed by the Perry's Bight Associ- ation, I~c. for the non-payment of these charges. Said charges shall be a lien against the property of any such nonpaying property owner and shall be enforceable either as the foreclosure of such lien or in accor- dance with paragraph "11" hereof. No profit whatsoever, shall at any time be made from said beach property and parking area. Ail property Owners, their successors, assigns and invitees hereby release all their rights to make claim or bring suits against Petty's Bight Association, Inc., for personal injuries or property damage while using the parking, bathing or boating areas. ~ 10. These covenants are to run with the. land and shall be bind- ing on all parties and all persons clai]ning under them until January 1, 2000. These covenants may be extended and/or for an additional ten year period by a written instrument duly executed by all of the directors of- Perry's Bight Association, Inc., recorded in the Suffolk County Clerk's Office on or before December 31, 1999. 11. Enforcement shall be by proceeding at law or in equity against any person or persons violating or attempting to violate any covenant either to restrain violation or to recover damages. In that Chore are consents to the filing of these covenants on file with Perry's Bight Association, Inc. and that these covenants are made for the mutual benefit of the property owners of those lands within the aforesaid "Map of Green Acres at Orient", it is further agreed that the provisions re- quiring monetary payments pursuant to paragraph 9 above may be enforced as a contract action and prosecuted as such within a court of competent jurisdiction to hear such a contract action. 12. Invalidation of any one of these covenants by judgment or court order shall in no wise affect any of the~other provisions which shall remain in full force or effect. 13. No building, fence~ wall or other structure shall be erected or maintained nor any change or alteration made therein unless the plans and specifications therefore showing the nature, kind, shape height, ma- terial, color-scheme and location of such structure and the ~rading plans of the lot or plot to be built upon shall have been submitted to, approved in writing by, and a copy'thereof, as finally approved, lodged permanently with the Perry's Bight ~ssociation, Inc. 14. Easements for installation and maintenance of utilities and drainage facilities across and under premises to be conveyed are hereby reserved to Petty's Bight Association, Inc. or its successors or as- signs, who may grant permanent easements to public utility companies. 15. Any of the reservations, conditions, covenants, charges and agreements herein contained, may be annulled, waived, changed or modi- fied by Petty's Bight Association, Inc. 16. This declaration of covenants and ~estrictions supersedes previous declaration of covenants and restrictions dated December 1977, recorded in the Suffolk County Clerk's Office in Liber 8594 page 296. IN WITNESS WHEREOF, the Petty's Bight Association, Inc., has executed the foregoing decla~ation the day and year first above written. PETTY~S BIGHT ASSOCIATION~ INC. 00~ ~? 05 %0=22a ~&rjor~e Shushan Ino. 21~7500B? p.1 ERIC C. BONGARTZ 144West 10thStree~,#11 NewYork, NY 10014 212-807-6154 DATE: October 27, 2005 TO: Patriea Moore FAX#: 631-765-4643 FROM: Eric C. Bongartz PAGE: 1 of 7 MESSAGE: Following are copies of the Petty's Bight Association By-Laws and Covenants. If you have any questions please call on my cell phone, 917-975-8243. Thank you. I~arjor~e Shushan Inc. BY - LAWS OF PE'f'rY'S BIGHT ASSOCIATION, INC. ~[29750097 ARTICLE I - PURPOSE SECTION 1: The purposes t'or which this Association is tbrmed are those set forth in its Certificate o£ Incorporation. It is not organized for pecuniary profit and no part of its net earning shall enure to the benefit of' any person, firm or corporation. ARTICLE Il - MEMBERSHIP SECTION I: A~iy p~rson, finn or c~rporation o~ing rea! ?ope."ty ,~s s.¥2w.-, on M';~p of Greer. Acres at Orient, surveyed by Otto W. Van Tuyl, surveyor, Suffolk County, New York, shall be a member of this Association. Ownership shall be determined by the records ofthe County Clerk ofSuffolk County. Persons owning property, as tenants by the entirety, or as tenants in common or as joint tenants, shall be entitled collectively to but one vote. SECTION 2: Any member who ceases to own property on the afi)resaid map shal! automatically cea~ to be a member of.the Association. SECTION 3: The rights and powers and obligations of'the members shall be subject to all the covenants and conditions set forth in instruments of record pertaining to said property. ARTICLE Ill - DUES SECTION l: The annual dues shall be such amounts as may be fixed by the Board of' Directors for each calendar year. SECTION 2: ,tall dues shall be payable by the 15th day of March in each year. SECTION 3: Ifa members dues are in an'ears on the June I following the due date, a Notice of Delinquency shall be sent to the member reminding the member of'their oblisation and requestin8 immediate payment. If said paymen~ is not received within 30 days of the mailing of'the Notice of.Delinquency, the Board of.Directors is authorized to take whatever action it deems appropriate including but ~ot limited to placing a lien on the property or'the delinquent member. Oct ~? 05 ~O:~2a Har~or~e Shushan ;nc. ~9750097 p.3 A~TICL'Z-- IV - GOVERNMENT SECTION 1: All management powers of the Association shall be vested in the Board of Direntors, who shall not he less than three (3) in number nor more fl~an five (5) in number and who shall be elected annually by the membe~hip at the annual meeting to be held on or before the Ist day of Suly of each year. Directors must be members of the Association and their term ofoffce shall last one year. SECTION 2: The Board of Directors may hold mentin~ at such times and places as they think proper, appoint committees on particular subjects from the members of the board or from other members or'the Association; audit bills and disburse thc funds of'the Association; and employ agents and devise and carry into execution such other measures as they deem proper for the protection or the objects or thc Association. ARTICLE V - OFFICERS SECTION h The officers of the Association shall consist of a president, ~ vice president, a secret,us' and a treasurer. SECTION 2: The officers shall be elected at the annual meeting o~'the Board of'Directors and shall hold office until the next armual meeting of'the Board of'Directors and until their successors ,'tre elected or until removed by the vote or a majority of all directors. SECTION 3: The president shall bc thc chiet'exccutive officer of'the Association and shall be in charge of the direction of its affairs and shall ex officio be a member or'all committees. The other officers of the Association shall have the powers and perform the duties that usually pertain to their respective offces. SECTION 4: The officers and thc directors shall not receive, directly or indirectly, any salary or compensation from the Association unless authorized by the concorring vote of two thirds (2/3) of~l the directors. ARTICLE VI . MEETINGS OF MEMBERS OF THE ASSOCIATION SECTION h The association shall hold its annual meeting ormembers for the election ofdirectors, the adoption ora proposed budget for the coming fiscal year, and for the transaction of such other business as may come before the meeting, on the third Saturday of'October at a place and an hour to be specified in the notice of such meeting. SECTION 2: Special meetings of members shall be called by the secretary upon request of the president or by order of two (2) members of the Board of'Directors or upon the written request of five (5) active members of'the Association. SECTION 3: Notice of all meetings of members shall be mailed or delivered personally to each such member at his address as it appears on the eurreot tax assessment roll of'the Town of'Southold not less than ten (10) nor more than forty (40) days before the meeting. SECTION 4: At aU meetings ot'members one third (1/3) thereof, whether present in person or by proxy, shall constitute a quorum but fewer than a quorum shall have power to adjourn from time to time until a quorum be present. Oct 27 05 10;22a .SECTION 5: All meetings or'members shall be presided over by a chairman who shall be elected at the meeting. The proceedings or'each meeting shall be verified by the signature of'the chairman. ARTICLE VII SECTION 1: There shall be such committc'es as the Board or'Directors shall from time to time establish. ARTICLE VIII SECTION h The fiscal year or'the Association shall be bom January. 1 to December 31. ARTICLE IX SECTION 1: These By - Laws ma). be addcd to amended in whole or in part by thc afl'trmhi~..e vote of'two thirds (~3) of'the members present and entitled to rotc in person or by proxy at any' annual or special meeting of the members. ARTICLE X SECTION 1: An). person made or threatened to bc made a party to an action or proceeding, whether civil, criminal, administrative or investigative, and whether or not the claim asserted against that person is based on matters which antedate the adoption of'this Article 10, by reason oFthe Fact that. that person, that person's testator or that persons intestate then is or w,'ts a Director, Officer, employee or agent ofthe Association, or then serves or has served any other corporation in any capacity at the request of the .Association, shall be indemnified by the .Association against expenses, judgements, fines and amounts paid in se'alement to the full ¢~¢nt that Officers and Directors are permitted to be indemnified by the Not For Profit Corporation Laws o£the State of New York at the time such expenses, judgements, fines and amounts paid, or at the time the acts or omissions complained oFoccurred, whichever gives the greater protection. Oc~ 2~ 05 21~9750097 Harjorie Shushan InD. DEOT, ARA?TON O~ COV£NAN?S AND R~S~R~C?TON~ THIS DECLARATION made this day of August 1988, by Party's Bight Association, Inc., Orient, New York. WlTNESSETH: WHEREAS, the said Perry's Bight Association, Inc., is the owner In fee slnple of certain premises in the Town of Southold, County of Suffolk and State of New York, known and designated on certain ~aps entitled: "Hap of Green Acres at Orient'. made by Otto W. Van ?uyl ; Son, Licensed Land Surveyor and filed in the office of the Clerk of suffolk County as Hap No. 3540, and WHEREAS, any person, firm or corporation owning real property aa shown on Hap of Green Acres at Orient . ~zveyor, Suffolk County N ....... * ~ .! Surveyed by Otto W. Van Toy, ..~ -z L~e ~eco~ds of the County Clerk of Suffolk County. Persons owning p=operty, as tenants by the entirety, or as tenants in coa=on o= as Joint tenante, shall be entitled collec- tively to but one vote. WHEREAS, said Perry's Bight Association, Inc., is Placing certain restrictions upon said ~remise~ which shall desirous of be binding upon all purchasers and ~ortga~ees of individual lots, their heirs, ex- ecutors, administrators and assigns; NOW~ THEEEFORE, THIS DECLARATION WITNESSETH: THAT the said Betty's Sight Association, Inc. for the benefit of itself, its successors and assigns, in consideration of the premises and for the purpose of carrying out the intention above expressed, does hereby make known, adaait, publish, covenant and apres that the said Premises .hereinbefore set forth, shall hereafter be sub3ect to the. foi- l°wing covenants running with the land, and bindin~ upon all aortqagees and holders of the said premises, their heirs, executors~'ad- Binistrators, successors and assigns up to and including the let day of January 2000, when they shall cease and terminate, unless duly extended Pursuant to the terms hereof, viz: 1. That no fence of any kind shall be erected upon any o~ the said premises from the front ll~e of the building erected thereon ex- tended, for the full width of the lot to the front ii'ne of the said p~emises and no fence shall have a greater height than four (4) lest. 2. ~o sign of an~ kind shall be displayed to the public View o~ any lot except one Professional sign of not more than one square foot~ one sig~ of not mo~e than five square feet advertising the property sale or rent~ or signs used by a builder to advertise the property dur- ing the construction and sales period. 3. NO animals, lives=ock or poultry of any kind shall be bred or kept on any lot, except that dogs, cats or other household pets 10;23a Herjorie Shushan Ino. 21~9750097 p.6 2 may be kept provided that they are not kept, bred or maintained for any Commercial purpose. 4. No dwelllng shall be permitted on any lot unless the ground floor area of the main structure, exclusive of one story Open shall be not less than ?50 square feet. Any structure constructed on any lot shall be set back 40 feet from the front property line and 25 feet from the side line. Any structure on lot 1T and 21, inclusive, shall be set back a minimum of 130 feet from 2~e rear pro@e;ty line. 6. No lot shown on said subdivision map shall be subdivided or conveyed as separate pa;cel~. ?. No noxious or offensive activity shall be carried on upon any lot, nor shall anything De done thereon which may be or may become-an annoyance or nuiuance to the neighborhood. tent, shack, garaqe, barn or other qutbuilding shall be used on ar~y lot at any time a~ a residence either temporarily or pe~maner~ly. ~- ?he private beach and parkinq a~eas identified on said map as #For ~esldents Only,, are to be reserved fo~ t~e ~operty owners on the said map and each plot ovne~ ~111 have an undivided aforesaid beach and packing area in common with all interest in the other pzope~Cy own- ers and each property owner will be obllqated to pay his Pzoyortionate ~hare oi the cost of erectinq l~p~ovements thereon and in the upkee~ and expense thereof and for the upkeep and maintenance of the private roads shown on said map to eetty.s Blgllt Association, Inc. annually in accor- dance with the by-laws of Petty*~ Bight Association, Inc., on which date ~ald charge shall become a lien upon the proper~y and so continue until fully paid. Said charge will be dete~mined and vo~ed upon at the annual meetln~ oi said association. A penalty charqe of interest at 8% per an- num upon the unpaid balance will be l~osed by the ~etty*5 Biqht ~ssocl- alton, Inc. fo~ the non-payment o[ these cha~ges. Said charges shall be a lien again=t the property of any ~uch nonpaying ~toperty Owne~ and shall be enforceable either as the fo[eclo~ure of such lien or in accor- dance with paragraph "il" he~eof. ~o profit whatsoever, shall at any time be made from said beach ~roperty and parking area. ~11 property o~ners, their Successors, assigns and invltees hereby release all their rights to ~ake claim o~ brlnq suits a~ainst ~etty~s Bl~ht Association, Inc., for personal injuries or property damaqe while using the parking, bathinq or boating a~eas. 'i0. ?hese Covenants are to run with the. land and shall be bind- lnq on all parties and all persons claimlr~g under them until January 2000. ?hese covenants may be extended and/or for aa additional ten year period by a written instrument duly executed by all ot 2he directors Petty~a Blqht ~ssociatlon, Inc., recorded in the Suffolk County Clerk.a Office on or be/ore December 31, il. Enforcement ehall be by proceeding at law oz in equity aqalnst any person or person~ violating o~ attempting to ¥1otaCe covenant elther to restrain violation or to recover damages. In that Herjor~e Shus~en Ino, ~l~B?5009? p,? there ate consent= to the fllln9 of these covenant= on file vlth Perry's" Bight Association, Into and that these covenants are made for the mutual benefit of the pzopezty ovners of those lands within the aforesaid ,M~9 of Green Acres at Orient", it is further agreed that the provisions quiring aonetary payments pursuant to paragraph 9 above may be enforced as a contract action and prosecuted as suck. vithin a court of competent Jurisdiction to hear such a contract acClon. 12. Invalidatbn of any one o~ these cOvenants by ~udgeent or cou=t order shall in no vide affect any of the othe: provision= ~hich sha~l remain In full force o= e~fect. ' ~3. No building, fence, ~all or other structure ahal~ be erected or ~ainta~ned nor any change or alteration made thezein un2ess the and specifications therefore shoving the nature, kind~ shape height, Curtal, co,or-scheme and location of such structure and the 9zadLng plans of :he lot o= plo: to be built u~on ~hal2 have been submitted to, approved ~n ~r~t~ng by, and a co~y'the=eo~, as tina21y ap~zoved~ lodged permanently vita the eecCy's Bight ~ssoc~ation, Inc. ~4. Easeaent= fo£ la=talCs:ion and maintenance ut utilit£es and drainage facllRles across and ~nder ~:esl=es to be conveyed are hereby ruse:red to PerCy's Bight Association, Inc. o: ~ts successors or slqns, vho may grant permanent easements to public utility companies. ~5. Rny of the reservations, conditions, covenants, charges and agreements herein contained, may he annulled, vaJved, changed dC modi- fied by Perry's Bight Association, Inc. 16. This dechrat~on of covenants and ~eet=ictions supersedes a previous dectaration of covenants and restrbt&on~ dated December 31, 19VV, recorded in the Suffolk County Clerk.s Office in Libe= 8594 page 296. IN WITNESS WHEREOF, the Perry's Bight Association, Inc., has executed the foregoing declaratio~ the day and yea~ first above written. PETTY'S BIGHT ASSOCIATIOn, INC. PECONIC ABSTRACT, INC. FIRST AMERICAN TITLE INSURANCE COMI~ANY OF NEW YORK P.O. BOX 1267 405 OSTRANDER AVENUE RIVERItEAD, NY 11901-0902 {631) 369-0222 Fax: {631) 369-4020 January 16, 2004 Patricia Moore, Esq. 51020 Main Road Southold, NY 11971 2004 Re: Title No. PAC.3542 Green Acres at Orient, Map #3540, Filed 4/13/62 Dear Ms. Moore: Pursuant to your request we have performed an Attorney Search and we return as follows: OWNER: PETTY'S PATH ASSOCIATION, INC. By a Deed dated 12/31/69, recorded 1/14/70 in Liber 6689 page 550. Covering Tax Lots: 1000-015.00-01.00-006.000- private beach and parking area 1000.015.00-01.00-030.000 - private leaching area- West side of Greenway West 1000.015.00-01.00-036.000 - private roads known as Greenway East, Greenway West, Park View Lane, North Sea Drive 1000.015.00-02.00-008.000 - pond and leaching area - East side of Greenway East OWNER: PETTY'S PATH ASSOCIATION, INC. By a Deed dated 1118189, recorded 12/6/89 in Liber 10978 page 47. Covering Tax Lot: 1000-015.00-0! .00-037.000 - a strip of land - West side of Greenway East and North side of Main Road No open Mort.qa.qes/Liens DECLARATION OF COVENANTS AND RESTRICTIONS: Liber 5679 page 429 expired paragraph 9; Liber 8594 page 296 expired AGREEMENT: 6797 page 555 CLARATION OF COVENANTS AND RESTRICTIONS TItlS DECLAIL~TION made this 31st day of December 1977, by Perry's Bight Association, Inc. Orient, New York. ~ ~'/a'~"~ ~'~ WITNESSETH: WHEREAS, the said Petty's Bight Association, Inc., is the owner m fee simple of certain premises in the Town of Southold, County of Suffolk a~ State of New York, known and designated on certaiu maps entitled: "Map of Green Acres At Orient" made by Otto W. Van Tuyl & Son, Licensed Land Surveyor and filed in the office of the Clerk of Suffolk County as Map No. 3540, and WHEREAS, say person, firm or corporation owning real property as showt on Map of Green Acres at Orient sur ~ ~ . ' Suffolk County, New York. slmll ;,,~., Y~{~ by ~ttt.).W. Van .Tu.yl, surveyor,,. ..... ,-~moer oi tins Assocmtmn. Ownership shall be determined by the records of the County Clerk of Suffolk County. Persons owning property, as tenants by the entirety, or as tenants in common or as joint tenants, shall ~ entitled collectively to but one vote. WHEREAS, said Perry's Bight Association, Inc., is desirous of placing certain restrictions upon said premises which shall be binding u~n all purchasers and mortgagees of individual lots, their heirs, executors, administrators and assigns; NOW, TItEREFORE, ~tlS DECLARATION W ~ ITNESSETH: TIIATt~esaidPe '. '.~ , - . . try s B~bt Assocmtton, Inc. for the benefit of itself, lis successors anO assigns, in consideration of the premises and for t~e put.se of currying'out the intention above expressed, do~s h~reby make known, admit, publish, corenant and agree that the said ~remise. ' ~ ,' -~- ~ . . hereafr,~ gr~ ~.~: ........... . [ s IlCr~lllD~ior¢ Set Ior[h, snail -- , ~ ~F ouuj~ct LO tile lOJlOWlng cOvOnalltS -,,n,.i~.t ..,'., ~ , . ; upon ail purchasers mo ,, rfc, de . . ~"*'~--g wltll [fie land, aBd binding of January 1988 w~ ...... ],,,_' ~7~''~uis anu assigns UP to and includinff tile lsr ' 1. That no fence of ally kind shall be erected tlpOll 3ny iff Iht said premises from thc front l/lie of thc building erected Lllt'l'COll cxlcndcd for tile .~:~... lull wJdlh o~' the lot to tho front linc of tile said pt'cruises ;llld IIo I'CIICC, shall have a grcalcr height than four (4) feet ....... 2 No sign of any kind shall be displayed Io thc public view on any lot ~ cX("k:l}l r~llr: )rofussJ()lla] sigll of llOt [nor~' tllan o11[~ Silt~a t'c IdoL, Oils Sigll o~ lief Ill~Jl'Lt IJl;lll [JVC s(Jtla~'c 'cut i dvurtising tle Pro)crLV or s . used by ;I btlJldcr Ir) ;It vurL/sc ,, .... , ' , 2.. ' , ,IIC Ol tilt, or signs ,,,c i~roperty um mg the coastrucuon and sa[es period~.~ :~ 3. · . : NO ,JlllJIhlls, hvcstock OL' xmhry of aly killd shall be rz is ·, ' cd, bred or kept on any lot, except that dogs, cats or other' household pets may be kept ECLARATION OF COVENANTS AND RESTRICTIONS - 2 /,f~ ,.2 ~ 7 p~ovid~d that they are not kept, bred or maintained for any commercial purpose. 4. No lot shall be used except for residential purposes, No building shall be erec[ed, altered, placed, or pcrmittcd ~o remain on any lot o~her than on detached single family dwelling not to exceed two stories in height and a ~ private garage for not more than two cars. 5. No dwelling shall be permitted on any lot unless the ground floor area of tbe main structure, exclusive of one story open porches, shall be not less than 750 square feet. Any structure constructed on any lot shall be set back 40 feet from the front property line and 25 feet from the side line. Any structure on lot 17 to 21, inclusive, shall be set back a minimum of 130 feet from the rear property line. 6. No lot shown On said subdivision map shall be subdivided or conveyed as separate parcels. 7. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. 8. No structure of a telnporary character, trailer, basement, tent, shack, garage, barn or other outbuilding shall be used on any lot at any time as a residence either temporarily or permanently. 9. The private beach and parking areas identified on said map as "For Residents Only", are to be reserved for the property owners on the said map and each plot owner will have an undivided interest'in the aforesaid beach and parking area in common with till the other property owners and e'ach property owner will be obligated to pay his proportionate share of the cost of erecting improvements thereon and in the upkeep and expense thereof and for the upkeep and maintenance of the private roads sbown on said map to I'ctty's Bight Association, Inc. annottlly in accordance with the by-laws of Petty's 1½ight Association, Inc., on which da're' said charge shall become a loin upon thc property and s0 continue until fully paid. Said charge will be determined and voted upon at tile mmual meeting of said association. A penalty clmrgc of interest at 8% per annum ripen tile unpaid balance will be imposed by the Petty's Bight Association, Inc. for the non-payment of tl.-.se charges. No profit whatsoever, shall at any time be made from said beach property alld parking a£ea. All property owners, their successors, assigns and invitces hereby release all their rights to make claim or bring suits against I'ctty's Bight Association, [nc~, for personal injuric,s o~' property damage while usil~g Iht pa rking, bathiag or boatillg areas. I(). These cOVellalltS are [o tull with thc land and shall bo bi.ding on all imrtics and all persons claiming under them untilJauuary I, 1988. II. Enforcement shall I)e by proceeding at law or in equity against any person or pcrsoas violathlg or attempting to violate any covenant either to restrain violation or to recover damages. ~CLARATION OF COVENANTS AND RESTRICTIONS 12. Invalidation of any one of these covenants by judgement or court order shall in no wise affect any of the other provisions which shall remain in full force or effect. 13. No building, fence, wall or other structure shall be erected or maintained nor any change or alteration made therein unless the plans and specifications therefore showing the nature, kind, shape height, material, color-scheme and location of such structure and the grading plans of the lot or plot to be built upon shall have been submitted to, approved in writing by, and a copy thereof, as finally approved, lodged permanently with the Perry's Bight Association, Inc. 14. Easements for installation and maintenance of utilities and drainage facilities across and under premises to be conveyed are hereby reserved to Petty's Bight Association, Inc. or its successors or assigns, who may grant permanent easements to public utility companies. 15. Any of the reservations, conditions, covenants, charges and agreements herein contained, may be annulled, waived, changed or modified by Petty's Bight Association, Inc. -3- In witness whereof, the Petty's Bight Association, Inc., has executed the foregoing declaration the day and year first above written. Perry's Bight Association, Inc. On the /i~. day of M./~"_t~E/q ~9~ ,~b~fore me pvrscnal y came W~ ~ ~'~0 Io me known, wi:o, b,:mg by ,.c dnly $worn, ii~ tlS~Se a~ffl ~ay Ihat he resides al No. ,'2 B ~ 0 ~V ~ ' 'c'rl'g'~~ l} G,I} ,~v J~C · -- of )~ .,, 'J /):. ,0 ct. ~e coSporat' )n descr'bed in and which execul,'d I'.w fmegoing instrument: that he knows Ihe seal -[ said corporation; that the seal affixed tc said insh'ument is such corlmrate seal; that it was so affixed .,y order of d~c N~ard of directors of saki corpora- ti,~n, anl that he signed h ~ ~' name thereto by like order. 020-01-002.2 FOR PCL. NO. SEE SEC. NO. 020~0~-003.7 15.1 27.0~(c) ~"'OL "~6re particularly described.-; , ~: ," ;.' the sou=beast corner:of'lot 7~i~ Sh=~ ~'a NEg YORK 1.1743 WHEREAS, the owners of property having the right of ingress and egress over a private road shown on a certain map entitled, "Hap of Green Acres st Orient," and fi]ed in the Office of the Clerk of the County of Suffolk on April 13, 1962 as Map No. ~540, and the right to the use of certain areas shown on said map for the purpose of bathing, recreational, boating and parking purposes have requested the formation of PETTYS BIGHT ASSOCIATION, INC. for their mutual interest, and 25"~ WH~{EAS, the said PET~ BIGHT. AS£CCIATICN, INC.~as ?--'C~beihg located at Orient, Southold, suffolk County, N.Y. been duly formed~ and WHEREAS, it is the desire for the pETTYS BIGHT ASSI TION, INC. to receive title to the said private roads and elsa the said bathing, r~creational, parking, leaching and boating areas, and (~ WHEREAS, Greenway Realty Corporation/desires to con- ~ey title to said property to the said 2ETTYS BIGHT ASSOCIATI0~, ~ocated at Orient, S,~uthold, Suffolk County, N.Y. INC., and WHA/R~S, Greenway Realty Corporation wishes to be assured that all parties having the right to the use of s~id private roads and that area reserved for bathing, recreations,i, drainage and boating ourposes be obligated to PETTYS BIGHT A~SOC TION, INC. for a~sessments for the maintenance of said roads and reserved areas as shown on said map in Town of Southold. WI TNAoo~TH NOW, THh~F~, in consideration of the premises and the sum of ONE ($1.00) DOLLAR and other good and valuable consid- eratzon~ it is agreed as follows: 1. That upon Greenway Realty Corporation conveying ~i~le to roads, reserved areas and leaching areas as shown o~ map entitled, "?tap of Green Acres a~ Orient," and filed in the. Office of the Clerk of the County of Zuffolk on April 13, 1962~ as Map No. 3~0, the undersigned, their successors and assigns, agree co become a member of the ~etiys Bight Association, Inc. and agree ~o pay ~o said corporation, its successors or assigns, an annual assessmen~ or charge for the purpose of defraying the cos~ of upkeep and maintenance of said private roads, reserved areas and leaching area as shown on map entitled, "Map of Green Acres a~ Orient,". _ 2. Such annual assessmen~ or charge to be a uni- form ra~e per lot which is no~ ~o exceed the sum of $25.00 per annum for each lot and proportion ~hereof for eac~ and fractio~ thereof o~ned by ~he respective m~mbers of said corporation, excep~ Greenway Realty Corp. shall be excused from assessmen~ for unimproved lo~s ~. Said annual aasessmen~ shall be paid annually in advence on May 15m in each year and ~o be a lien on the of the respective members en~oyin~ the right of ingress and egress over said road and tha~ ere$ reserved for bathing,. creation~l, parking, leaching and boating purposes. ~, Assessments no~ pa~d within thirty (30) days after same become due and payable, shall bear in~eres~ at the. maximum legal rate of interest, ~. Sub~ec~ ~o limits aforesaid~ the assessment charge shall be adjusted from year ~o year by said corporatio~ in such manner as iai~ c0rporatio$' may deem it n~cessary or 6. The annual assessmen~ shall be based upon tima~e of annual requi'remen~s1' the labor, m~erials, insu~va~e and reasonable reserves for c0ntin~encie~ to be. p~epared, b~. ~orporation. _ ~ ..... 557 7. Such estimates and the books and records of said corporation relative To the collection and disbursement of said charges or assessment shall be subject ~o inspection by interes- ted owners and mortgagees. 8. Funds arising from such charge or assessment shall be applied by said corporation To the expense of maintain- inE and repairing the said private roads on map entitled, "Msp of Green Acres at Orient," and reserved areas and leaching areas shown on said map, taxes and assessments, if any, levied upon the same, insurance and such other expenses as may be incurred for the mutual benefit of said owners and which may be deemed necessary or appropriate by such corporation and that said owner~ of the parcels so to be assessed shall be personally liable only for the payment of such charges or assessments as become due during their respective periods of ~nership. 9. It is understood and agreed that as a condition tO any sale of property having the right of use of the s~id road and reserved areas as shown on the said m~p, their heirs, succes ors or assigns, will provide and have executed in any deed of conveyances of said property~ a provision whereby the new pur- chaser will accep$ and assume the terms and conditions of this agreement. IN WITNESS WH~OF, the parties hereto have hereunto se~--~heir hands an~-~eals/%his~/ day of ~ 1969. -3- On the 27 day of May 1969, before me came H~RY GRAMLICH To me known, who being by me duly sw0rn~ did depose and say that he resides at Greenway East, Orient, N.Y. that he is ~he President of P~ymBight Association, Inc~ '~ ]~ :' ~ the corporation uescribed in an~'whicn executed the instrument; that he knows the seal'of said corporationi that the seal affixed to said instrument is such corporate seal; that iS' was so affixed by order of the board of directors of said corpor tion; and That he signed his name Shere~o by like order. i m STATE OF NEW YORK ) SS~: ) COUNTY OF suFFOLK ) ~n ~he 27~ day of Play, 1969, before me came, ENCE H. cULLEN, EDWIN B~ MURPHY, JOSEPH TEEZZO, LOUISE TREZZO, DANIED J~ ARCHER~ RUTH M. ~CHER, H~Y H. GR~qLICH, ELLEN GR~ICE~ THOMAS G. HORRIONE, STEVEN B. ALBANO, PATRICIA ~LB~O, ~ILY E. PAITIN, WILLIAM S. FALTIN, GLADYS B. SMITH, ANDRE~ A. SMITH, B~THA WAGNER, EDWARD W. WAGNER, ED,;ARD JANSCH, EDWARD F. HOUGHTON, FRANCK t~IAZZA, ANGELINA PIAZZa,' STOCKTON-I~0~EoT, EDWARD D. HOUGHTON, GINO 2HO~ BOLLETIN0, PATHICIA A.H. FO!~EST, SOPHIE q~TIN GR~'~ICH, JOAN NURP}~, RUTH i. HOUGHTON, RAII~ D J. H~ C. ~ilTH~ ELEAUO~{ L. JANSCH and ~NTO~INC S ~UILLu~IO~I, ~o me known a~d knc~n to me to be ~e individuals described in and who executed the foregoing ins%rumen~, and acknowledged to me that they executed the seme. y lac MARGUERITE L. RENDINE Notary Public, State of New ¥or~ No. 62.~25~,25 Suffolk C~urlty Term Expires March 30, ~?~/9 ? / RECORDED LESTER M. ALBERTSON Clerk of Str~olk Cout~¥ AMENDED DECLARATION OF COVENANT8 AND ~STRICTIONS '~ ' ~ December made thi~ day of having its principal place of business at 6 Abbington Drive, i Huntington~ New York. ps en~itl~d: "~p of ~teen Acres At Orient" made by O~to ~. Van ~uyl Land Surveyor and filed in thi office of the Clerk of Suffolk County as No i' ~3540, and .~;.~ ~ said C~E~AY ~ CORP. tS lmprovihg said premises and contemplates ~ih~.iaid premises to be conveyed to individual purchasers; and .... ~ending THAT the said CREENWAY REALTY CORP. for the benefit of itself, its successors and assist; in consideration of the premises and for the purpose bf carrying out the in- tentio~ above ~xpressed, does hereby make known, admit, publish, covenant and agree that ~the ~ai~ premises hereinbefore set forth~ shall hereafter be subject to the following ~cevenantS running with the land, and binding upon all purchasers, mortgagees and holders .~o£ t~ ~aid premises, their heirs, executors, administrators, successors and assigns up 'tS and including the 1st day of January 1978~ when they shall cease and terminate, viz: ~ ~ i. That no fence Of any kind shall be erected upon any of the said premises from ~t~ ~r0nt line of the building erected thereon extended for the full width of the lot ~'~O_~h~'~$nt line of the said premises and no fence shall have a greater height than ~Our, (4) Sign of any kind shall be displayed to the public view on any lot except one rSign of nor more than one square foot, one sign of not ~ore than five square the property'for sale or ~ent, or signs used by a builder to advertise the construction and sales period. livestock or poultry of an~ kind shall be.raised~ bred or kept on ~cept that dogs,, tats or other household pets may be kept provided that they ~, bred o~' maintained for any Commercial purpose~ '; 1'' '~ ~ $ NO 'lot shall be used except for residential purposes~ No building shall be i~e~ed$~alteradi placed, or pe~itted to remain on any lot other than one detached ?l~gle'famtly dwelling not to exceed two stories tn height and a private garage for not more t~ad two bar~.' ...~../~ .No dwelling shall be pe~itted on any lot unles~ the ground floor area of the ~ain structure, exclusive of one story open porches, shall be not less than 750 square feett~ A~ structure constructed on any lot shall be set back 40 feet fr~ the front prop~r~y line and 25 feet from the side line. Any structure built on lot 17 to 21, :'ciustVii ~hall be set back a minimum of 130 feet from the rear property line. /~,' ~ ~6 10t shown on said subdivision map shall be subdivided or conveyed as sap- a~e ~cels, except that nothing herei, shall preclude G~E~AY ~TY C0~. from adding to a plot a part of another adjoining plot. ~. No noxlou~ or offensive activity ~hall be carried on upon any lot, nor shall ~a~y~h~n~ be done thereon which may be or may becqm~ an 9nnoygnce or nuisance to the ~ighbor~ood. ~.~,',8~No skructure of a temporary character, trailer, basemen~ tent, shack, garage, ~,~a~ ~o~her outbutld{ng ~hall be used on any lot at any time as a residence either ~empo~a~lly or pe~anently. subject thereto, Said charge is not to exceed'S25,00 a year, When title to 30 lots have been conveyed to purchasers, they may form a property owners association and GREE~AY REALTY CORP., shall convey title to said beach and parking area and roads sho~n on said map unless previously dedicated as public roads to said association and it is to thereafter manage said property and roads.' 611 income from this property mus~ be used to reduce maintenance charges. No profit, whatsoever, shall at any time be made from said beach property and parking area, All property o~nars, their successors, assigns and invitees hereby release all their rights to make claim or bring suits against GREENWAY REALTY CORP. for personal injuries or property damage while using the parking, bathing or boating areas. 10. These convenants are to run with the land and sha!l be binding on ali parties and paragraph ~ P~l~S~nff i~n~oU~d~5~i~Ja~r~a!d l~%~.excep$ ~he provis$ons ~1. Enfozcemen~ shal~ be by proceeding ~ law. er i~ equity sga~ns~ any person persons violating or attempting ~o v~ola~e any'csvenan$ either go restrain violation or Eo recover damages. -~ 12, Invalida~iou of a~y one oi :hsse covsnt~i by JudEem~n~ or cour~ o~der shal~y in no wise aifect any ortho other provisions wh$ch ?all ~emain in iull iozce or 13. No buildini, fence, wall or o~her a~ruccure shall be e~ec~ed or maintained nor any chanse or alders:ion made ther~l~ unles! CbS plans and ~gecifica:iOni showing the nature, kind,-shape, height; ma:eri~l' color-scheme and lo~ation s~ruccure and the grading plans of;~he lo~ or plot ~o be built upon shall have been ' , submiC~ed to, approved In ~riting by, ang a copy ch$~eof, as finally approved, lodge4 pe~anen~ly with ~he G~E~AY~AL~ CONY. Conaen~"aa aforesaid shall no~ be reasonabl~ withheld. 14. Easements for installation and maint~nance of u:ilities and drainage ties adross and under premises ~o be conveyed are hereby reserved to GREE~AY REALTY CORP. or its successors or assigns~ who may graB;' e~anent easements ~o public' u~lli;y companies. ~ easements as aforesait shall.b~ restricted ~o.~he the proper~y ~o a width no~ in excess of fiv~ (~) feet. ~ ~. Any of the reservations, conditions, $ove~ants, charges and agreements contained, excep~ the maimtena~ce charges set forth ~n Paragraph 9, may be annullsd, waived, changed or modified by GREE~AY REALTY COR~ ~s ~o amy proper~y o~ed ~y In w~eno~ whereof, the GR~Y R~W~ C~RP. ha~ execug~d [he ~orego~ng d ~r tion the day and year first above written. GREE~AY ~ALTY CORPO~TION STATE OF NEW YORK ) COUNTY OF SUFFOLK ) On the 28m day of December, 196~, before me came HFiIRY GRAMLICH, to me ~nown, who, being by me duly sworn, did depose and say that he resides at no Street No., Abbing~on Drive, Huntington, New York; that he is the Presiden of Greenway Realty Corp., the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that_theseal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corA~ration, and that he signed his name ther~to._by like order. ~ /~ ~ ~o~ary xdbli%~ ~URIC~ L~BR~ RECORDED THIS INDENTURE, made the 1st day of DOC htmclr~ and DE~EEN GRZ~AZ.rR~Y CO~,, a.dome~.~ office a~ P.O.BOX'~ O~e~ ~ew pa~ty of the first part, and PETT¥S BIGHT ASSOGIA~!ON, INC. ~ a membership corporation, loca~ed'a~ Orient~ New ~Ork~ · party of the second part, ESSETH that the party of the first part, in co.nstderation, o.~ ten doll~.{s paid.by.th? part~ WITN C' · · ~ ...... '~:m unto the n~rlv Ot th~ secouO p~.aFt, ~e part, does here~y remtse retease ,auu qu!,,~,~ ~r-,.w* .~ ~ r · i ' --' , assiga~ Of ~ho party of the secono part torcvcr, ' ' ALL that certain plot, piece or parcel~O[ la.n~d, 'd Of lying and be~ug in the ~ow~ Of .~o1~o£ , COlliery in all those certain ~Oa~ ~-ae 'GREE~WAY WEST;" "pARE VIEW ~.ANE; az~d~ NOR ~ ~ Leachin area on the Easterly side olf~reenway ~as~, ~a~ g .- ~ ~ '~ ~-. ~0;00 ft. on the Northerly'sidq 200~00 ft. On ~ne ~aa~m ~, 178.01 f~; on the Southerly side; and ~00.67 f~.'-on-the Eas~ of Greenway Eas~, ~nd: area'desig~l~ed as~Pond'and · e nwa 'Eas~'~ame bgSu6 l~O;O0'f~;i om'~the West side of Gre y . ..' ' ' ' t ~a ~= ** ~ th- Northe=ly. side;' and .118.70 ~t~ ~n he ,. f~;, all as sho~ 6n ~ha~ ce~a~ map e~, .--~ -- Orient," ~d tha~ area o~he non,he,ll,corner of_ ~ ,., ~ said "FOR A R~ID~CE O~Y.'~ ~, "~' SUBJECT TO: Coven~$s ~ res~ric~$ons~. _ of =ecord. SUBJECT TO~ The ewne~ of each Lo~ o~ said map having a easemeu$..over'the roads ~hown on said map ~o~ ~d egress ~o the ~blic $~hway. ' This conveyance is made in the ordin~y co~se of bu~ p~y of the firs~ pa~$.' ~ ~hic area iS b0~ded:on the West by Lo~ 21 on said map ~d~om~ Eas~gw 0r formerly: of I,O. ~Ch~ $~d havinE a froBtage Island So~d of approximately 19217~ fee~ ~d 176.00 Sea'-~ive~ and-'i~~the'&v~ s~e i~o:lon8e~ used for r p~poses by the owners~ ~n ~he said'mtp s~e shall~ the firS~ part, ~d if said party of the first p~': of Ee~ G ~lich ~d'H~$~ then equally ~0 ~he h~i~s of ~ :,~ . ... , _~ ~ ,. T GETHER ~ ~ fight, gfle and ~teres~ ~ any, oH ~ p~ me above-~escn~c V ' ' ~aTn *~ ~remises h~e~ ~mnted unto the par~ o$ ~o i~nO P~, ~V pv~ ~t e~ the p~ or ~e ~n~ p~ ~o~ever~ .... ~ ~ ~ ~ , ' AND ~e party or the fi~st of the fi~t ~ ~11 r~eive ~e eration as a ~st fund to be any O~er p~se, ' Tho word 'pa~ sh~l bo ~ns~ed as ~ l~ SS: 19 , before me t~ me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the same, On the day of 19 , before me personally came r to me known to be the4ndlvidual described in and who executed the foregoing instrument, anti acknowledged tf, at ' executed the same. ~ti~E 6~ mw ~o~, '~oum~ o~ ~U~?OLK ss, On~ / dayof ~e~ember 1969 beforeme wine ~o~, wno,~]ng oy me amy sworn, am 6epose ana ~y ~t ,,~he ~ides at No.P.O. BOX 156, GRENAY ~TY CO~P. , ~e co~orafion desc~bed . and w~ execute~ ~e forego~g instm~; that he . to be the individual ~owi ~e ~cal o~ s~d co~oratlon that the s~ a~ descffbed m and who executed ~e forego ng instrument s~d ~ment ~ tach ~omte seal tha~it~as ~o that he sa,d subsmbmg w~e~s, was p~sent and saw a~ed ~ ordero~ the ~ard o~ ~tSrs of ~ora- ~ e~te the same; and ~at he, said w~es~,~ rio., sum thereto. , ~ ' ~P~,,c :~.~, - / Ouitdaim ;REENWAY REALTY CORP. On the day of 19 , before me personally came the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. ; that he knows SECTION _ BLOCK LOT COUNTY Oll TOWN.. Wei~sman, Leven~on & Stern ~7~ New York Avenue Hunting~on, N,Y. ~pNo. 11~ PETTY8 BIGHT ASSOC~IATION~ INC~ STANDARD FOItH ff llt'W TOItlC BOAI~ OF TIRE UNDERWRffElS Distributed b~ CHICAGO TITLE I~T S 1.71~k~Cl~ C OMPAI~Y .,j Ke~ordcd at Request of C}HCACO TITLE INSURANCE COMPANY ~ ~6~ Tn'u~ D~,o. } ~e~m ~y Marl to JAN 14 1970 $'f K-A' ~, AI.R£RTSOI'4 Clerk o! Suffolk T~SACTIONAL DISCLOSURE FOR~ APPLICABLE'~O OWNER, CONTRACT V_ENDEE AND AGENT: 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. ~Last , ame, 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 or company nmne.) NATURE OF APPLICATION: (Check all that apply.) ' Variance _ )(' Special Exception *Other Approval or Exemption from plat or official map Change of Zone Tax Grievance *If"O .... ther name the activity: 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 bx b. lood, 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 e~m. ployment by) a corporation in which the Town officer or emplo¥~,e owns more than 5% of the YES NO )~ If you answered "YES'; complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant, agent or contract vendee) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship 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 than 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, parmer, or employee of the applicant; or __ D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted Signature :,//~,,~_~r. TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET (/~ ~"' VILLAGE DIST. i SUB. LOT F~ER ~NER N E ACR. I ~ ~,', ' ~ ~ S W ~PE OF BUILDINGI ~ 5~s. VL. ~i~ ~ ~A~ CO~. C~. ~CS. ~kt. V~ ~ ,, liable ,, FRONTAGE ON WATER ~ ,/). C/ (,~ ~ m ~ , ~la~ FRONTAGE ON ROAD / ~ e ~ DEPTH :~ ,. ~ ~ P~ BULKH~D 11/01/2007 11:27 FAX 631 765 4643 MOORE LAW OFFICES ~005 Dadourian Circle sctNY 11030 November 1, 2007 patxicia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Dear Ms. Moore: as owners of property known as Perry's Drive, Orient, New York I, Karmen Dadourian, hereby authorize you to appear on my behalf and make any and 11957 (SCTM: 1000-14-2-23) all applications on my behalf, to the Town of Southold Zoning Board of Appeals, Southold Town Planning Board, Southold Town Board of Trustees New York State DEC. Suffolk County Health Department, and any other necessary agencies on our behalf regarding the above referenced property. Very truly yours, KARMEN DADOURL~ ELIZABETH A. NEVH,I,E 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 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville January 18, 2008 Zoning Appeal No. 6131 Transmitted herewith is Zoning Appeals No. 6131- Greg & Karmen Dadourian- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is Project Description, Cover Letter from Patricia C. Moore, Application for Building Permit, Notice of Disapproval, Questionnaire, Short Enviromental Assessment Form, Transactional Disclosure Form, LWRP Consistency Assessment Form, Property Record Card, Authorization letter from Karmen Dadourian to Patricia C. Moore to represent her in this matter, Reduced Survey, 6 pages of Plans for the new construction Town Of Southold P.O Box 1179 Southold, NY 11971 Date: 01/17/08 * * * RECEIPT * * * Receipt#: 8589 Transaction(s): 1 1 Application Fees Reference Subtotal 6131 $600.00 Check#: 3373 Total Paid: $600.00 Name: Dadourian, Greg & Karmen 695 Petty's Dr, ORIENT NY Clerk ID: CAROLH Internal ID: 6131 ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 1/17/08 ZBA # NAME CHECK # AMOUNT TC DATE STAMP RECEIVED 6131 Greg and Karmen 3373 $600.00 Dadourian Southol:l Tow~ Clerl $600.00 By__ Thank'~ou. Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.north fork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 USPS Mailim, Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 LEGAL NOTICE SOUTHOLDTOWN ZONING BOARD OF APPEALS THURSDAY, FEBRUARY28,2008 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 280 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAYt FEBRUARY 28t 2008: 10:00 A.M. GREG and KARMEN DADOURIAN #6131. Request for Variances under: (1) Section 280-124, and (2) Section 280-15, both based on the Building Inspector's December 28, 2007 Notice of Disapproval concerning the location of a new dwelling at less than 40 feet from the code-required minimum front yard setback, and for a swimming pool located in a side yard rather than the code required front yard or rear yard for this waterfront parcel, located at 695 Petty's Drive at Long Island Sound, Orient; CTM 14-2-23. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please do not hesitate to contact our office at (631) 765-1809, or by email: Linda. Kowalski@Town.Southold.ny.us. Dated: January 30, 2008. ZONING BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman Mail~: Southold Town Hall 5309fi Main Road · P.O. Box 1179 Southold, NY 11971 ~0959 Office Locatio.nj Town Annex/First Floor, North Fork Bank $4375 Main Road (at Youngs Avenue) Southold, NY 11971 hup://southoldtown.northfork, net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JULY 24, 2008 PUBLIC HEARING NOTICE iS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the sOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on _THURSDAY, JULY 24t 2008: 1:00 P.M. GREG and KARMEN DADOURIAN #6131. Request for Variances under: (1) Section 280-124, and (2) Section 280-15, both based on the Building Inspector's December 28, 2007 Notice of Disapproval concerning the location of a new dwelling at less than 40 feet from the code-required minimum front yard setback, and for a swimming pool located in a side yard rather than the code required front yard or rear yard for this waterfront parcel, located at 695 Petty's Drive at Long Island Sound, Orient; CTM 14-2-23. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing wilt not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please do not hesitate to contact our office at (631) 765-1809, or by emaih Linda. Kowalski~Town.Soutbold.ny-us- Dated: June 27, 2008. ZONING BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office Location) 53095 Main Road (Maillng/USPS) P.O. Box t179 Southold, NY 11971-0959 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) ?65-9064 MailingS_Address: Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 September 29, 2008 Mrs. Madeline Droege P.O. Box 162 Orient, NY 11957 Re: ZBA File # 6131 - O. Dadourian Pool Variance at Orient Dear Mrs. Droege: We are in receipt of your communications sent by email on 8/25/08. At present, as you know, no pool construction activities have commenced and it is my suggestion that you consult an attorney regarding any and all future actions toward this applicant. Since I am not an attorney, I am not able to advise you regarding any statements made in your letter. You may be interested in knowing that the Board's determination was filed on August 12, 2008 with the Office of the Town Clerk, and we enclose a copy for your records. Ve trulyyo , ~ // ~RIC ~. BRESSLER ABIO^IL A. WICF-~AM LYNN'- M, GORDON ~AN~T GEASA 6~,!-298~39~ T'F.,LEFA..~ NO 6]~I'29~'8S6~ wwblavJ~aoi.com 30, 2oo8 Zoning Board of Appeals 54375 Route 25 P.O. Box 1179 $outhold, New York 11971 Re: Proposed Dadottrian Variance ApPea! No. 6131 P.002/003 WiLLiAM WICVdqAM {06-02l 27~ BROAD HOLLOW ROAD suITE 111 MELVILLE, T,,II~W yOlt,~ 1 631-249"9480 TELEFAX NO, 631-2~9-9484 Ladies and Gentleman, We have b¢~n asked by Mr. and Mrs. Demurrings to address their concerns with the proposed variance. As a result of prior seho:laling mattem, I was unable to appear in p~rson at the last hearing. Tho applicant is looking for an extremely targe house on a very small 10t with a very limited footprint, leavb~g no choice but to sandwich in a Po01 into the sid~ yard. This will severely impinge upon our oli~nt's privacy. The a~ea ofth~ lot landward of the Coastal H~ard Erosion Line is just ovc~ 24,000+ square fee% and the footprint of the proposed two sto~y home {s huge. It is likely that a prima~y r~ou that accesso~ slruaures wca'~, since the inception of zoning, required to be in the rear yard was so that they wJ!l not ,reatc a nuisance or} top of' the . · , se Wifile a house is permitted to neighbors at the point where the neighbor shou is likely to be, be 1 $ £~t from the sideline, it is generally a eontai/md structure. A swimming pool is entirely another matter: it generates noise by virtue ofth~, faof that this is whcr¢ the family will eong~gatc, and not being enclosed; thc noise will readily travel to into the neighbor's yard. A ool can also have lighting, which will impinge dpon a neighboring prop~'ty, and the noise fi:om ~e p°°l equipmeni, proposed to be close {~: the s[ddine, will also have a ~egative impact. The neigh"nors kitcheu, dining area is on thai Shin of the house, and the noise ami lights will travel directly kilo the area otfthe house they us~- raost, as well as into their sideysrd area. While thc app]icant has provided shrubbery to Screen the pr, oposed pool, this will do little to shield the noise and lights, which are inevitable. The Board has on other ooeasioims required a~ applicant to scale bank a structure in order to properly accommodate all proposed structures in cOmpliance with Code. The applicant has alternatives here - reducing the size Of tho house{ and moving the pool to the area immediately to JUL-~O-2008 13:42 FROM:WICKAM 631 298 8565 T0:~659064 P.O0~x005 the rear Of the house. A smaller footprint for the hoUse would allow room behind ~h¢ house to locate apool without a variauc¢, or w/~h a small var/anco. We ask that thc var//mcc be denied. I think that gflmtillg thc variance will Create a significant advcr~g:pxeceden~ -just wanting an o,~ers~zed house on a small perCC[ should not justify abandoflin~ the ~ohibition of accessory slruc/ures in a side yard. It would be ~a~tamount to crossing thai provision out of the code. VCry truly ~ ~i~i ~. Wic~n BOARD OF APPEAL~- Dino and Despina Dcmc~h~ ~uly 29, 2008 Re: Dadouriall swimming pool proposal Dear Members of the Board; On two occasions we have appeared before you to voice our opposition to the proposed sid~-of-the-honse location of the Dadourian's swimming pool. III all effort to help you understand our opposition, we listed the foUowing concerns: * the noise tev¢! will he inoreased (due to pool equipment, e',c) thereby decreasing the peacefulness of our house * our privacy will be compromised * the air quality within our house will be compromised as a result of the pool chemicals being used and thc close proximity to our propen'y * the vis~ ~s:sth~ics o£ our property will be compromised * the value of our property wilt likely be decreased * a precedent for building pools on the side of ahouse will be set At the last Board meeting, Mr. Dadourian explained' ~at he did not want a front yard location for his pool because it would disrupt h/s privacy. Likewise, it is our tmderstanding that he is reticent to place his Imol in the rear oft~¢ house because it would jeopardize his cur~at plums for the rear of flee house and its aesthetics. However, the proposed side location, even if it is part of his deck, would disturb our privacy and aesthetics. Once again, we are asking for your understanding in this matter. If the Dadourians decide to build an in-ground swimming pool. it is proper and right if they do so according to regulationwithont compromislng'tbe integrity of our property. We thank you for your time and consideration. Truly yours, Dino and D~-'pina Demctriades l.'d d9E:90 90 OS Inr Jux~y 24, 200g To Whom ~t l~y 0~: Dino & Despina Demetriades 400 Petty Drive Orient, NY 11957 Aprill0,2008 Southold Town Zoning Board of APl~tts Chairman Goehringer and Board Main road Southold, NY 11971 RE: Dadourians--Location of the pool Dear Mr. Goehringer: This letter is in regards to the proposed house to be built next to ours, 400 Petty Drive, Orient. We are opposing the location of the POOL, because it is very close to our house. All their activities and noise will be direct at our house. They say they do not want the pool close to their house, WELL, WE DO NOT WANT THEIR POOL CLOSE TO OUR HOUSE EITHER. We got the new letter from Patricia Moore and really there is no change of the location of the pool at all, all they did is put some trees and plants there. This is not acceptable. Thanking you in advance for this most imponant matter. Your attemion and help will be greatly appreciated. Sincerely, ades NOTICE ~ COUNTY OF SUFFOLK J ................... ~ ...... J~,'~,~ Real Properly Tax Service Age~y SECTION NO #8908 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Kamn Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for I_L week(s), successively, commencing on the 17th day of July, 2008. Principal Clerk Sworn to before me this NOTARY PUBLIC-STATE OF NEW YORK No. 01-VO6105050 Qualified In Suffolk County 'CTM 37-4-10 10:00 A.M.WILIJAM LUTKOWSR! #6185. Request for a Variance under Sec- tion 280-124 [setback schedule), based o~ the Building Inspector's April 18, 2008 Notice of Disapproval concerning a propes~d new dwelling tarter demoli- tion ot the existing dwelling), proposed with front yard setback(s) at less than 35 feet. Loeauon of Propers: 595 Pine Av- enue and Birch Avenue Southold: CFM 77-2-25. 10'30 A.M. VINCENT and MAU. RKEN PAPA g6183. Request for a Vari- ance under Section 280-124 based on bufld~ng lot. ' built ci~ck addition to the existing single- h~sitat~ t~ con¢c~ oux office at ~6~31) family dwetlihg, which is less thaa ~h~e 7(h5-18~9, Or ~)~ ~r0ai. l: Linda. Kowals~i~ code r~quire~ ~0 ft. rear yard s~tback, at TO~lL$~illhold.~i~ as.' ' - 75 ~.~$tre~t, Laurel; CTM 126~I0-~5. Date& $~y 14, ~ , Wl~ ~.A..~M...PINE NECK HO~,D- ZON~nOA~OFAPPEALJ '.~ eoieu, tqequest for a Variance ' -~ERARDP, GOE~RINGER, Building Inspector's May 13, 2008 No- - ' ' BY L~A IgOwAI.$~I isting bulkhead, at 1475 Pine Neck i(6'ad. Southold: CTM 70-~-40.. ll:O0 AM. GREGORY WEITZER AND STACEY SCH- WEITZER 06184. Request for a Var~- anc¢ tmdex Section 280-15, ba~ed on the ~B.uiI~.{, ~I~sl~r~or's May 6 2008 Notice accessory swimming p13ol in a yard other than the code-required rear yard. at 38~ 6182. Requests for Variances anger tions 280-18 (Bulk Lot Area May 21, /~6 Nod~ of ~6154. Section LEGAL NOTICE s~g~e- SOUTHOLDRt~ ~ v~T0~N ZO~G ~Y ~g ~d at 10 f~t, ~d ~ bQ~s~de setbacks - - - . ,~ o~ me lo~ ~aw ~nt ~dlotline~erde~ohfionofan . · ..... k ~ ,~llO~g pu~c EasI-~on adja~at to Gadiners Ba TO~ ZON~G BOARD OF AP- ~' E~ ~e~ He~a (C~ York .......... a- 0 L~R ~156. ~q~ for Van- ............... lh~ Buil~g Ins~ctoP~ ~ended Maw~ foy-~2~, o~%~me ~u~a~Asns~c. ~9~n and a ~ations to the . . ~ e no pr~sed c~e ~tafion Of 20 percent for lot cov- ~fi'(~ ~M~[~'~ Neck Road adja~nt to J~key Cree~. 123-5-36.2. ~ P~- R~ed ~e~g (~ L S~ FA~Y ~UST .¢~j:sti~g aCCessory garag~~ ~liieli is 're- ~ 'quked to b~_~ the rear yard, (e:),~ ~i,~w'- - I 5e~stry~ ctioh wilt ~Xceed the oode limita- s 280 9 and tion of 20% ma~nmn tot coverage, Lo- 280-10 require a minimum of 15 feet on canon: 2535 Cedar l.~me, East.Ma~on: a sir4~ sid~ aaa mizim~m 35 Feet eom. #8782 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1__ week(s), successively, commencing on the 10th day of April, 2008. Sworn to before me this 'f~ /~Principal Clerk day of (.~J/~/ 2008 CHRISTINA VOLINSKt NOTARY PUBLIC-STATE OF NEW yORK NO. 01-V061060~0 Qualified in ~vflolk county #6143 Request for a V~riance under Seclion 280-122, based e Building Inspector's January~i]qotice of Disapproval and ZB Interpreta- tion #5039 (Wakz) c proposed additions and alterations to an existing single family dwelling which will result in an increase in the deglee of the exist- ing front yard setback nonconformance, at !ess Ihan 50 feet Location of Prop erty: 90 Sterling Road, Cutchogue; CTM 104.4-4 1 9:40 A.M _CItRISTOPItER and ELYN CONKLIN - ZBA #6155 Request for a Variaace under Section 280q 16B, based on tile Building Inspector's April 2. 20~8 Notice of Disapproval concern- illg proposed additions and alteration* to the existing dwelling which will be less than 75 feet from the bulkhead, at 3400 Otc Jule L~ne at James Creek (dredged canal), Mattit uck; C~fM 1G~ 12g-4-20 1 mealy #8711 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once a week for 1__ week(s), successively, commencing on the 21st day of FebruarY1 2008. Principal Clerk Swom to before me this 2008 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of GREG & KARMEN DADOURIAN (Name of Applicant) CTM Parcel #14-2-23 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF MAILINGS I, BETSY PERKINS, residing at Mattituck, New York, being duly sworn, depose and say that: On the day of February, 2008, I personally mailed at the United States Post Office in Southold, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the ( X ) Assessors, or ( ) County Real Property Office , for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. Sworn to before me this ! ~ -rtl day of February, 2008 ~' ( N o~'a r~AI~R~. C. RUTKOWSlO Notary PubJic, State of New York No. 4982528 Qualified In Suffolk Count~ Commission Expires June 3, ~// PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. DADOURIAN NEIGHBOR LIST SCTM: 1000-14-2-23 MADELINE DROEGE PO BOX 162 ORIENT NY 11957 SCTM: 1000-14-2-24 DINO & DESPINA DEMETRIADES 1009 WASHiNGTON AVE. OLD TAPPAN NJ 07675 SCTM: 1000-14-2-28 LONE OAK-OAK BEACH CORP, ATTN: M. DROEGE PO BOX 162 ORIENT NY 11957 SCTM: 1000-14-2-22 ANDREW ZURL PO BOX 583 ORIENT NY 11957 SCTM: 1000-14-2-9 RECEIPT 71926463311000o00080 FROM: SEND TO: MADELINE DROEGE PO BOX 162 FEES: TOTAL $ 4.81 POSTMARK OR DATE RECEIPT FROM: SEND TO: DINO & DESP[NA DEMETRIADI 1009 WASHINGTON AVE. OLD TAPPAN NJ 07675 FEES: Postage 041 TOTAL $ 5.21 POSTMARK OR DATE RECEIPT FROM: SEND TO: LONE OAK~O/~K BEACH CORP ATTN: M. DROEGE PO BOX 162 ORIENT NY 11957 FEES: post~ge o.41 TOTAL $ 5.21 PosTMARK OR DATE RECEIPT 7192 64~3 311o ooc(} o119 FROM: patricta C. Mo~re Esq. RE: DADOURIAN ZBA HEARINt SEND TO: ANDREW & KATHERINE ZURL PO BOX 583 ORIENT NY ~ 1957 FEES: Postage 0,41 TOTAL $ 5.21 POSTMARK OR DATE PATRICIA Co MOORE ESQ- 51020 MAIN ROAD SOUTHOLD NY 11971 PATRICIA C- MOORE ESQ- 51020 MAIN ROAD SOUTHOLD NY 11971 (Extra Fee) [] Yes CERTIFIED 4. Restricted Delivery? a. Service Type 2. Article Number 7192 6463 3110 0000 00891 ~__..~92 6463 3110 0000 0089 l/Article Addressed To: MADELINE DROEGE PO BOX 162 ORIENT NY 119S7 2.Artic17e1~m~r463 3110 0000 0102 7192 6463 3110 0000 0102 I. Article Addressed To: LONE OAK-OAK BEACH CORP, ATTN: M- DROEGE PO BOX 162 ORIENT NY 11957 PATRICIA C. MOORE ESQ- 51020 MAIN ROAD SOUTHOLD NY 11971 Received ~y: (Please Print Clearly) Date of DelLve~/ , PATRICIA C- MOORE ESQ. I 51020 MAIN ROAD SOUTHOLD NY 11971 ;i lent) City State ........... 4. Restricted Delivery? 3. Se~/ice Type (Extra Fee) [] Yes CERTIFIED 2. Article Number 7192 6463 3110 0000 0096 7192 6463 3110 0000 0096 Article Addressed To: DINO & DESPINA DEMETRIADES 1009 WASHINGTON AVE. OLD TAPPAN NJ 07675 4. Restricted Delivery? 3.Service Type (Extra Fee) [] Yes CERTIFIED 2. Article Number 7192 6463 3110 0000 0119i 7192 6463 3110 0000 0119 . Article Addressed To: ANDREW & KATHERINE ZURL PO BOX 563 ORIENT NY 11957 ZONING BOARD OF APPEALS TOWN Of SOUTHOLD: NEW YORK In the Matter of the Application of GREG & KARMEN DADOURIAN Regarding Posting of Sign Upon Applicant's Land Identified as 1000-14-2-23 AFFIDAVIT~ OF HGN POSTING J~/~/-~ I BO ~F:', D OF APPEALS COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Patricia C. Moore, residing at 370 Terry Lane, Southold, New York 11971 being duly sworn, depose and say that: On the 15th day of February, 2008, I personally placed the Town's official Poster, with the date of hearing and nature of the application noted thereon, securely upon the property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) - facing the street or facing each street or right-of-way entrance*; and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be Thursday, February 28, 2008 S~w~n to before me this ~j day of February, 2008 *near the entrance or driveway entrance of the property, as the area most visible to passersby. ZONING BOARD OF APPEALS TOWN OF $OUTHOLD: NEW YORK In the Matter of the Application of GREG & KARMEN DADOURIAN (Name of Applicant) CTM Parcel #14-2-23 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF MAILINGS I, BETSY PERKINS, residing at Mattituck, New York, being duly sworn, depose and say that: ~. On the ~)' day of July, 2008, I personally mailed at the United States Post Office in Southold, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the ( X ) Assessors, or ( ) County Real Property Office , for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. /('~SB Eig natu re)/" ) / TSY PERKINS Sworn to befor~p_.~m~ thisqy~' ~4Not~ary Public) PAI~IC~A C. M~RE N~ Public, State ~ N~ Yo~ Su~lk~u~- No.~61668 ~ ~mmi~ion ~ires June 1 ~ PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. DADOURIAN NEIGHBOR LIST SCTM: 1000-14-2-23 MADELINE DROEGE PO BOX 162 ORIENT NY 11957 SCTM: 1000-14-2-24 DINO & DESPINA DEMETRIADES 1009 WASHINGTON AVE. OLD TAPPAN NJ 07675 SCTM: 1000-14-2-8 LONE OAK-OAK BEACH CORP, ATTN: M. DROEGE PO BOX 162 ORIENT NY 11957 SCTM: 1000-14-2-22 ANDREW & KATHERINE ZURL PO BOX 583 ORIENT NY 11957 SCTM: 1000-14-2-9 RECEIPT 7192 6463 3110 00(301420 FROM: Patr~Ja C. MC~re Esq RE: DADOURIAN ZBA HEARINI RECEIPT 71926463311000001437 FROM: RECEIPT 7192 6463 3110 co001444 FROM: RECEIPT 7192 6463 3110 00001451 FROM: Patricm C. Mco~e t:sq RE: De*DOUR]AN ZBA HEARINI SEND TO: MADELINE DROEGE PO BOX 162 ORIENT NY 11957 FEES: Postage 0.42 Certified Fee 270 TOTAL $ 5.32 POSTMARK OR DATE SEND TO: DINO & DESPINA OEMETRIADI 1009 WASHINGTON AVE OLD TAPPAN NJ 07675 FEES: postage 0 42 TOTAL $ 5.32 POSTMARK OR DATE SEND TO: LONE O/~K-OAN BEACH CORP FEES: Postage 042 TOTAL $ 5.32 POSTMARK OR DATE SEND TO: ANDREW & KATHERINE ZURL PO BOX 583 ORIENT NY 11957 FEES: Postage 042 TOTAL $ 5.32 POSTMARK OR DATE ZONING BOARD Of APPEALS TOWN Of SOUTHOLD: NEW YORK In the Matter of the Application of GREG & KARMEN DADOURIAN Regarding Posting of Sign Upon Applicant's Land Identified as 1000-14-2-23 AFFIDAVIT SIGN OSTII~C~{]¥J-'ED BOARD OF APPEALS COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Patricia C. Moore, residing at 370 Terry Lane, Southold, New York 11971 being duly sworn, depose and say that: On the !~ ~-~"day of July, 2008, I personally placed the Town's official Poster, with the date of hearing and nature of the application noted thereon, securely upon the property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) - facing the street or facing each street or right-of-way entrance*; and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be Thursday, February 28, 2008 Moore Sworn to before me this (~>~y of July, 2008 *near the entrance or driveway entrance of the property, as the area most visible to passersby. PATRICIA C- MOORE ESQ- 51020 MAIN ROAD SO~THOLD NY 11971 7192 6463 3110 0000 1451 Article Addressed TO: ANDREW & KATHERINE ZURL PO BOX 583 ORIENT NY 11957 :1 PATRICIA C. MOORE 51020 MAIN ROAD SOUTHOLD NY 11971 Signature: Date of PATRICIA C. MOORE 51020 MAIN ROAD SOUTHOLD NY 1197~ Signature: (~Addreseee 4. Restricted Delivery? 3. Se~ice ~/pe ~ExtraFee) r-]Yes CERTIFIED 2. Article Number 7192 6463 3110 0000 1444 7192 6463 3110 0000 1444 1. Article Addressed To: LONE OAK-OAK BEACH COMP, ATTN: M- DROEGE PO BOX 162 ORIENT NY 11957 4. Restricted Denver¥? j3.~',~ ~ (Exzra Fee) [] Yes CERTIFIED 2, Article Number 7192 6463 3110 0000 1420 7192 6463 3110 0000 1420 1. Article Addressed To: MADELINE DROEGE PO BOX 162 ORIENT NY 11957 PATRICTA C- MOORE ESQ. 51020 MATN ROAD SOUTHOLD NY 11971 {Ex,ra Pee) [--]Yes I CERTIFIE ~' A~ic~e1~Tb~r463 3110 0000 1437 7192 6463 3110 0000 1437 * t, AMicle Addressed To: DTNO & DESPINA D£M£TRIADES 1009 WASHINGTON AVE- OLD TAPPAN NJ 07675 OFFICE OF ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Mailing Address: 53095 Main Road, P.O. Box 1179 Office Location: Town Annex, NFB Building, 54375 Main Road at Youngs Ave. Southold, NY 11971-0959 (631) 765-1809 fax (631) 765-9064 REPLYFORM (_ ---~V ?/~,..<'-- tC(vt-p_~) DATE: January 30, 2008 TO: Patricia C. Moore, Esq. 51020MainRoad Southold, NY 11971 Re; Date of Building Inspector's Notice of Disapproval: December 28, 2007 (Dadourian) CTM 1000-14-2-23 ZBA #6131 (X) The application is incomplete for the reasons noted below. Our department has received information from the Building Inspector indicating that lot coverage calculations would he necessary, after deducting the bluff and waterfront area and furnishing the modified calculations based on the code definition of a buildable lot (copy of code attached for easy reference). Please furnish the following information to the Board of Appeals, after submitting the same information to the Building Inspector for review and determlnRtion concerning the lot coverage as re-calculated. When possible (8 sets including cover letter): ( ) Filing fee $ ; check amount was: $ . Please contact our office (or send new check). ( ) Available survey showing existing property/building details, with licensed surveyor information. ( ) Rough diagram or sketch with building height (# of stories and distance from ground to top/ridge detail (and mean height, if known); also landscaping proposed in the area of the construction. ( ) Letter confirming status and date of review by other involved agencies for presubmission comments, or copy of up-to-date agency action. ( ) Updated single-and-separate search dated back to April 23, 1957 (Zoning Section 100-23D- 4), and copies of deeds dating back to creation of original lot lines for this property. ( ) Architectural rnap or updated survey showing X ) Written breakdown of building coverage and code definition of buildable lot after deducting bluff and wetland areas, for lot coverage percentages of all existing and proposed areas. (X) If the Building Inspector determines that the lot coverage calculations exceed the code limitation of 20% of buildable area, please advise how you wish to proceed regarding the setback variance application and form~. Thank you. Encls. ,NING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net Januaw 29,2008 Re: Town Code Chapter 55 - Public Notices for Thursday, February 28, 2008 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Times Review newspaper. 1) Before February 11th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to al._!l owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailinq address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or durinq the hearing, providin.q the returned letter to us as soon as possible; AND not later than February 12th: please either mail or deliver to our office your Affidavit of Mailinq (form enclosed) with parcel numbers, names and addresses noted, and furnish it to our office with the white receipts postmarked by the Post Office. When the green signature cards are returned to you by the Post Office, please mail or deliver them to us before the scheduled hearing. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later February 20th: please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at your property for seven (7) days (or more) until the hearing is held. Securely place the sign on your property facing the street, no more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is available for the additional front yard. Please deliver your Affidavit of Postin,q prior to February 28, 2008. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. Very truly yours, Zoning Appeals Board and Staff Encls. NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME GREG and KARMEN DADOURIAN MAP # 14-2-23 #6131 VARIANCE Dwelling Setback, pool location REQUEST New dwelling and pool DATE: THURS, Feb. 28, 2008, 10:00 AM If you are interested in this project, you may review the file(s} prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 NOTIC OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME GREG and KARMEN DADOURIAN MAP # 14-2-23 #6131 VARIANCE Dwelling Setback, pool location REQUEST New dwelling and pool DATE: THURS, JULY 24, 2008, 1:00 PM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809