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HomeMy WebLinkAbout6345 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 Tow ¢leri FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MARCH t6, 20t0 ZBA FILE #6345 NAME OF APPLICANT: K & H Garipian PROPERTY LOCATION: 54715 Route 48 (adjacent to Long Island Sound) Southold CTM#1000-44-1-1 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated November 13, 2009 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. SUFFOLK COUNTY SOIL AND WATER: This application was referred to the Soil and Water Conservation District and they issued their reply dated February 23, 2010 stating that at the time of the site visit no natural resources concerns were observed. The property is situated on Long Island Sound and is protected by a small bulkhead. The bulkhead and beach are currently in good condition. It is recommended that vegetation, of native plants and grasses, is maintained during construction and after to prevent erosion. Additionally, the installation of gutters, downspouts and underground drywells will address storm-water runoff. LWRP: This application has been reviewed under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION: The subject property is located adjacent to the Long Island Sound with 85.01 feet of frontage on North Road (C.R. 48), 322.98 feet on the west property line, 99.40 feet along Long Island Sound and 358.41 long the eastern property line. The property is improved with a single-family dwelling with attached decks and porch and an accessory detached garage, as shown on the survey by Destin Graft PLS, PC dated 5/19/05 BASIS OF APPLICATION: Request for Variances from Code Section 280-116A(1) and 280-124, based on an application for building permit and the Building Inspector's September 16 , 2009, amended January 27, 2010 Notice of Disapproval concerning proposed additions and existing deck addition to a Page 2- March 16, 2010 ZBA Fileg6345 - Garipian CTM: 1000-44-1-1 at 54715 Route 48 (adj. Long Island Sound) Southold single family dwelling, (1) less than the code required set back of 100 feet from a bluff, (2) less than the code required side yard setback of 15 feet, (3) less than the code required rear yard setback of 50 feet. RELIEF REQUESTED: The applicant proposes one-story additions and "as Built" deck additions. The existing decking is on top of the bluff and 20 feet seaward of the bluff, where 100 feet from the top of bluff is required. Additionally, the proposed addition is shown at a setback of 10.5 feet in the side yard where 15 feet is required and the "as built" decking is 14 feet from the rear lot line where 50 feet is required. ADDITIONAL INFORMATION At the public hearing held on February 26, 2010, the Board questioned the applicants and their representative about certificates of occupancy for the as built wood decks and stairs on the bluff and seaward side of the subject property. The applicants indicated that none existed to their knowledge, and that they purchased their home with these structures in place. Moreover, they stated that they were in poor structural condition and they had no objection to their removal. They agreed to replace the wood deck at the top of the bluff with pavers at grade. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application February 25, 2010, 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 and makes the following findings: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Town Law §267-bi3)(b)H). Grant of the variance, with some restrictions, will not produce an undesirable change in the character of the neighborhood er a detriment to nearby properties. The one- story addition will match the architectural character of the existing residence and is in keeping, in both size and appearance, with other homes in the neighborhood. 2. Town Law §267-bi3){b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The applicant seeks to expand an existing house with a modest one story addition. If the applicant was to be made to comply with the existing code requirements he would have to demolish the existing structure and construct an entirely new building 100 feet from the top of the bluff. The board finds that this is not a feasible alternative. 3. Town Law §267-b{3)(b)(3). The variance granted herein for the setbacks of the as built seaward decking is not substantial in so far as the applicant has agreed to remove these decks and stairs which will represent a reduction in the nonconforming setback from the bluff and rear yard. The requested side yard setback for the new addition of 10.2 ft (the Notice of Disapproval cites 10.5 ft +/-) from the code required 15 ft. side yard minimum is substantial at 32%. However it is not substantial in so far as it will maintain the pre-existing non-conforming easterly side yard setback. 4. Town Law §267-b(3)¢b)(4). No evidence has been submitted to suggest that a variance with restrictions in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. With the removal of the enclosed porch, the existing wood deck and beach stairs the board finds that the environmental conditions concerning the sound bluff will be greatly reduced. Moreover, the proposed addition is landward of the existing house where it will cause little if any land disturbance to the bluff area. 5. Town Law §267-b(3)(b)(5). The difficulty has not been self-created, but results from the pre-existing non-conforming location of the existing house on a lot that is very deep and narrow. However it is self- Page 3- March 16, 2010 ZBA File#6345 Garipian CTM: 100044-1-1 at 54715 Route 48 (adj. Long Island Sound) Southold created in so far as the applicant is requesting to increase the existing non-conformance of the side yard by extending the length of the house with the proposed addition 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 an addition to the existing house while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Dinizio, seconded by Member Weisman (Chairperson), and duly carried, to GRANT the variance as applied for, and shown on the site plan received Sept. 26, 2009 prepared September 9, 2009 by Ural Talgat, ArchitectJLandscape Architect. Conditions: Remove the seaward beach stairs and wood decks on the west side of the property. Remove the existing covered porch as per plan. That the above 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 Dinizio, Goe~7~inger, Schneider, Weisman (Chairperson). (Absent was: Member Hor~h~g) This R~solution was duly adopted (4-0). Leslie Kanes Weisman, Chairperson Appr°ved f°r filing '~ / 2'J-/2010 ./~,E~ ~;Z.: c'/~- i~,~ ~ 5 2010 ~LOO~ ~LOOD £ t=LE~/ATION zoNEME =NEx/~o.to~,~.,NE SITE DATA ~t~ ~ITE PLAN~ oF ~L~P SCTM~ ~O00~-~-q ~ ~L~ F ~SION ~ON~L LI~ / PROPERS: S471~ ROUTE 4~ ADDRESS SOUTHOLD, NY. . NEWYORK, NY, 10017 I BEAGH - t ~ ~ ~ ~ ~J · E ~ / ~ ~ SITE. 30,805 SQ. FT. = 0.7071 ACRES ~ ' ~ ~ SURVEYOR: DESTIN G~F "X ~r N~' ~ ~ ~ ' I ~ ~~ ~ ~ ' ~ ' ' .. ' . ..... ' I ' , ~ ELEVA'' ON ' ARE REFEREE C ED 'O USOGS DATE M .x..~,.. ~ ~ ~ ~~,.o,.O~ ~ ~ ~-; ::~ ',-':."."'~"~-~" ~o,, / : LOCATION MAP ~ ~ ~-- ~ ..... Patio .i~ I ~LOO~ ~LOO~ X ~ ~~ ZO~ ~ ZO~ X ~ / ~ ~ ~ 5T~ ~ITION SITE PLAN_ ~ ~~ ~ ~ATION I~ ~ONTOU~ LI~ 15LANP 50UND FLO0~ ZONE ME % FLOOD ~/ FLOOD ZoNE ME t ZONE X E~E~AGH 5TAIP~ TOJ~N OF E~OUTHOLD EROSION c;ONTROL LINE +20.3 436 7th STREET //~REENPORT, NEW YORK 11944 (631)477-8963 SCALE: 1" = 10'-0" SITE PLAN ENLARGEMENT FLOOD ZONE X \ '~ EXlSTIN~ · . J~OOD \ i" , GARIPIAN !! RESIDENCI ~,~m~ \ ~ ~oPo~ ON~ ~TO~¥ A~I~ITION \\ \ ~ SOUTHOLD, NEW YORK · °.2 L 0.~, .,2.~ ~ ,_,0.~ ..... UR~L TAI_GAT ~x \ TO~N o~ ~O0'mog~ ~::~IoN ~O~.og LINE ARCHITECT LANDSCAPE ARCHITECT PAtiO '~5/~ ~ ~ TOWI~ OF S~OUTHOLD , "~ 0 ~- DATE: September 16, 2009 -~~~ ]~J ~1 Amended: January 27, 2010 To: Ural Talgat for K & H Garipian 436 7th Street Greenport, NY 11944 Please take notice that your application dated September 10, 2009 For permit for proposed one story additions & "as built" deck addition at Location of property 54715 Route 48, Southold, NY 11971 County Tax Map No. 1000 - Section 44 Block 1 Lot 1 Is returned herewith and disapproved on the following grounds: The additions on this non-conforming lot in the R40 Zone are not permitted pursuant to Article XXII Section 280-116A(1), which states: "All buildings or structures located on lots adjacent to sounds and upon which there exists a bluffor bank landward of the shore or beach shall be set back not fewer than 100' from the top of such bluff or The survey notes wood decking as being on the top of bluff & 20' seaward of the bluff. In addition, the construction is not permitted pursuant to Article XXIII Section 280-124 which states: "This section is intended to provide minimum standards for granting ora building permit for the principal buildings of lots which are recognized by the town under 280-9, are nonconforming and have not merged pursuant to 280-10." On lots between 20,000 & 39,999 sq. ft., the required minimum side yard setback is 15'& the rear yard setback is 50'. The survey indicates the one story addition at a minimum setback of approx. 10.5'. The "as built" decking is setback 14' from the rear lot line. ~- ' Authorized signature' *Amended to clarify as built decking addition. TOWN OF SOUTHOLD NOTICE OF DISAPPROVAL 'Fo: Urat Tatgat for K & H Garipian 436 7th Street Greenport, NY 11944 Please take notice that your application dated September 10, 2009 DATE: September 16, 2009 For pemfit for additions to an existing dwelling at Location of property 54715 Route 48, Southold, NY 11971 County Tax Map No. 1000 - Section 44 Block 1 Lot 1 ls returned herewith and disapproved on the following grounds: The additions on this non-conforming lot in the R40 Zone are not permitted pursuant to Article XXII Section 280-116A(1 ), which states: "All buildings or structures located on lots adjacent to sounds and upon which there exists a bluff or bank landward of the shore or beach shall be set back not fewer than 100' from the top of such bluff`or bank." The construction is noted as being approx. 38' fi.om the top of the bluff: In addition, the construction is not permitted pursuant to Article XXIII Section 280-124 which states: "This section is intended to provide minimum standards for granting of a building permit for the principal buildings of lots which are recognized by the town under 280-9, are nonconforming and have not merged pursuant to 280-10." On lots between 20,000 & 39,999 sq. ff., the required minimum side yard setback is 15'. The survey indicates the addition at a minimum setback of approx. 10.5'. Authorized Signature \ ION: MAILING ADDRESS: ~(.~/Town Hall Annex P.O. Box 1179 I ~375 State Route 25 Southold, NY 11971 / ~r. Main Rd. & Youngs Ave.) Telephone: 631 765-1938  Southold, NY 11971 Fax: 631 765-3136 LOCAL WATERFRONTTowN oFREVITALIZATIONsouTHOLD PROGRAM MEMORANDUM To: Gerard Goehringer, Chair Town of Southold Zoning Board of Ayals From: Mark Terry, Principal Planner LWRP Coordinator Date: December 1,2009 Re: ZBA File Reference No. 6345 Garipian SCTM#1000-44.-1-1 The proposed addition is located landward of the Coastal Erosion Hazard Line. The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP. Pursuant to Chapter 268, the Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Jennifer Andaloro, Assistant Town Attorney / . ~C/-~. COUNTY OF SUFFOLKJ STEVE LEVY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING THOMAS A. ISLES, A.I.C.P DIRECTOR OF PLANNING Town of Southold ZBA 53085 Main Road PO Box 1179 Southold, NY 11971 Att: Gerard Goehringer, Chairman Dear Mr. Goeringer: November 13, 2009 NOV 2 0 3309 Pursuant to the requirements of Sections A 14 14-23 oft he Suffolk County Administrative Code, the following applications submitted to the Suffolk County Planning Commission are to bea matter for local determination as there appears to be no significant county-wide or inter-community impact: A decision of local determination should not be construed as either an approval or disapproval. Applicants Municipal File Numbers Martz, Theodore C. Jr. Garipian, Kamick & Haci McElroy, Bryant & Mercy Witzke, William & Patricia Curtis (Charles M.) & Harvey (Jane W.) 6344 6345 6346 6347 6348 Very truly yours, Thomas A. Isles Director of Planning Theodore R. Klein Senior Planner TRK:ds LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR P.O. BOX 6100 (631) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 853-4044 SOIL AND ~TER CONSERVATION DISTRICT FAX: {631) 727-3160 OCOUNTY OF SUFFOLK aOARD OF APPEALs Paul A. TeNye~huis DISTRICT M~NAGER (631)727-2315 x3 February 23, 2010 Chairman Gerard Goehringer Board of Appeals, Town of Southold 53095 Main Rd, P.O. Box 1179 Southold, New York ! 1971-0959 RE: ZBA File REF. No 6345 (GARIPIAN) Dear Chairman Goehringer: As requested, a site review was conducted at 54715 Route 48 in Southold. The site was evaluated for potential natural resource concerns regarding a permit for additions to an existing dwelling. At the time of this site visit, December 30, 2009, no natural resources concerns were observed. The property is situated on the Long Island Sound and is protected by a small bulkhead. The bulkhead and beach are currently in good condition. It is recommended that vegetation, of native plants and grasses, is maintained during conslxuction and after to prevent erosion. Additionally, the installation of gutters, downspouts, and underground drywells will address stormwater runoff. No natural resource concerns were observed with regard to a permit for additions to this existing dwelling. If you require further assistance in this matter please don't hesitate to contact me. District Technician 423 GRIFFING AVENUE SUITE 110 RIVERHEAD, NY 11901 APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS Fee: % OffiCe Notes: __ Filed By:. For O~O~e Use Only Date Assigned/Assignment No. HousoNo. 54715 Street Rou~s 48 SCTM 1000 Seetion 44 Block 1 Lot(s). Hamlet so~o~v Lot Size 30,805 SF I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR /~/f,/,~TED 8- ~.6- 200.9 BASED ON MAP DATED 9-9-2009 Applicant(s)/Owner(s):. ~xcz ~RIP2~, HACI ~RIPI2~ MailingAddress: 17 ~ 48 s~s~r NY, NY, 10017 Telephone: 212 935 5611 Fax#: Email: MonteCarloNY@aol.¢om NOTE: lu addition to ~e above~ plexae eomplete below if applieation b aigaed by agpltcant's attorney, age. ak arelai~etk Imilder, contract vendee, etc. ami name of pertain who agent repre~eaU: Name of Representative: crm~ T.~C~T for (×) Owner, or ( ) Other: Agent's Address: 436 7th STREET GRI~I~IPORT, NY 11944 Telephone 631 477 8963 Fax #: Emafl: ura159@hotmail.com Please check lwx to specify who you wi~h correspondetwe to be malled to, from the ahove tmmes: [] Applicant/Owner(s), or [] Authorized Representative, or [] Other Name/Address below: WHEREBY THE BUILD1NG INSPECTOR REVIEWED MAP DATED 9-9-09 AN APPLICATION DATED 9-10-09 FOR: ~ Building Permit [] Certificate of Occupancy [] Pre-Certificate of Occupancy [3 Change of Use [] Permit for As-Built Construction []Other: and DENIED Provision of the Zoning Ordinanee Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article XXTZ Section280- 116 Subsection A(X) XXIII 280- 124 A Type of Appeal. An Appeal is made for: [] A Variance to the Zoning Code or Zoning Map. [] A Variance due to lack of access required by New York Town Law-Section 280-A. ~3 Interpretation of the Town Code, Article Section [] Reversal or Other A prior appeal [] has, [] has not been made at any time with respect to this property, UNDER Appeal No. 5931 Year 2006 . (Please be sure to research before completing this question or call our office for NameofOwner: KARNICK GARIPAN, HACI GARIPIAN ZBAlqI~# REASONS FOR APPEAL (add/#mta/s/w~s mm~ be ~ ~k m~m'~'s siemmmre)! AREA VARIANCE REASONS: (1) Aa undesirable change will mot be produced ia the CHARACTER of~ the neighborhood or a detriment to mrby properties if granted, because: The addition is one story tall and will match the architectural character of the existing residence which also is in keeping with the architectural character in the area. The addition follows the same side yard setbacks as the existing residence thus seeming to be not an addition but a part of the existing residence. (2) The benefit sought by the appbeamt CANNOT be achieved by somme method ~ for the applicant to pursue, other tham am area varlamce, because: The existing residence is located on the site as it was built initially. The proposal is to add living space to the existing residence while maintaining the existing structure. (3) The amoast of rellaf requested is ilot sslm~smtlal because: The existing residence is 1,613 sf and the addition is 893 sf which is a little more than half of the ground floor of the existing residence. The addition will only be 1 story in height. The proposed total residence ground floor square footage i.s planned to be 2,506 sr. The existinggara~e is 414 sf. The proposed lot coverage of 9.48% is much less than what is allowed bYzonxnq at 20%. (4) The vaviamce will NOT have am adverse ~feet or impaet am time phy~icei or emvirnmmemlai emmdithma in the neighborhood or dlstr~ became: The addition to the existing residence is located on the landward side of the existing residence. The addition is also located furter away from Long Island Sound than the existing residence or any of the neighboring residences. The proposed addition will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood. (S) H~ ~ ~ d~y ~ ~en~d: ( )Y~ or (~N~ Are there Covenants and Restrictions concerning this land: ~q No. [] Yes (~leose ~r~Wsk com~J. This is the MINIMUM that is necessary and adequate, and at the same thee preserve and protect the character of the aeigkborbeod mad the beaRk, aafe~y, mad welfare of the community. Ckeck tki~ be~ ( ) IF A USE VAP. L4NCE IS BEING REQ~F~TED, AND PLEA~E COMPLETE THE f 20 . DAVID KAPLAN Nota~J Public, State of New York No 01KA4832954 Qual f ed in Roddand County Comm ss on Expires Dec. 31, 2009 ~r[zed A~ent (.~t~ml mmml mmklmit w~He~m~-m~fiem h4mm Owmer) APPLICANT'S PROJECT DESCRIPTION (For ZBA Re~%rence) Applicant: KARNICK GARIPAN, HACI GARIPI.~XN Date Prepared: 1. For Demolition of Existing Building Areas Please describe areas being removed: OCTOBER 2, 2009 EXISTING TERRACE AND LAWN TO BE REMOVED AND REPLACED WITH THE PROPOSED ADDITION 11, New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: lO, -0 . x s3 ' -4,, Dimensions of new second floor: NONE Dimensions of floor above second level: NONE Height (from finished ground to top of ridge): 3_6 FEET ABOVE GRADE Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: YES, 30 INCHES IlL Proposed Construction Description (Alterations or Structural Changes) (anach extra sheet if necessary)- Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: The existing residence is 1,613 sf on the ground floor and 773 sf on the second floor, there is no basement area, there is an detached garage of 414 sf. NumberofFloors and Changes WITH Alterations: The addition will only be 1 story in height, with 893 sf. The proposed total residence ground floor square footage will be 2,506 The second floor will remain with no additions. The addition will have a new basement. IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: 2,027 SF Proposed increase ofbuildingcoverage: + 893 EF = 2,920 SF Square footage of your lot: 30, sos SF Percentage of coverage of your lot by building area: 9.48% V. Purpose of New Construction: Addition to existing residence VI. Please describe the land contours (flat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): Existing flat slope, with NO relationship ~o code requirements. 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 QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION ls the subject premises listed on the real estate market for sale? [] Yes [~No Are there any proposals to change or alter land contours? [] No [] Yes, please explain on attached sheet. 1 ) Are there areas that contain sand or wetland grasses? 2) Are these areas shown on the map submitted with this application? YEs 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? ~as Please confirm status of your inquiry or application with the T~: pmoli? armMIaSION 9mmXSG Zm~ va~xAMca~ and if issued, please attach copies of permit with conditions and approved map. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? NO Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? NO (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 concerning your premises? NO 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? so the proximity of your lands on your map wilh this application. If yes, please label Please list present use or operations conducted at this parcel SINGLE FAMILY RESIDENCE 2/05; 1/07 PROJ£CTLS. NUMSER .PART I--PROJECT INFORJ 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only 4ATION (To De completed by Applicant or Project sponsor) 5. is PROPOSED ACTION; [] New [~ E~cDam 6. DESCRIBE PROJECT BRIEF!. Addition to an e~ PROJECT NAME GARI PI~kN RESIDENCE istin9 residence 7. AMOUNT OF L.AND AFFEC'rl D: Initially 0,03 ac~es Ultimately 0,03 acres 8. WILL PROPOSED ACTION C( PROJECT COMPLIES WHAT 3S PRESENT I. AND IJ~ [] Re=lldentlal [] In¢ Describe: 10. DOES ACTION INVOLVE A STATE O~ LOCAl? SOUTHOLD TOWN 11. OOES ANY ASPECT OF 1 [] Y. [] No MPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? Io, de~crlbe briefly ITH ZONING USE BUT DOES NOT COMPLY WITH ZONING SETBACKS '-' IN VICINITY OF PROJECT? [] Agriculture [] Pi;Z</F~'est/Open space [] Other ERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY PROM ANY OTHER GOVERNMENTAL AGENCY {FEDERAL, I CERTI ~Y THAT THE INFORMATION PROVIDED A~OVE IS TRUE TO THE aE~T OF MY KNOWLEDGE Date: OCTOBER 2, 2009 ion Is in the Coastal Area, and you am a state agency, complete the stsl Assessment Form before proceeding with this assessment OVER If the ac Col SEQR ~ART II--ENVIRONMENT,: ASSESSMENT {To be completed Dy Agency) E IS THERE, OR IS THERE L~KE '~ Ye, ~ NO ti PART 111-- DETERMINATIOI INSTRUCTIONS: For sec Eac~ altec! shoutd be as ~rreversibility; (e) geograDt exclanations contain surf quesfion Dot PaR II was ¢ on Ihe environmental cha~ [] Check this box if ] occur. Then proce~ r-] Check tl3is box if documentation, th AND provide on at IMPACT ON THE ENVIRONMENTAl. CHARACTERISTICS THAT CAUSED THE ESTABL SHMENT OF A CEA? TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? , eXblain briefly OF SIGNIFICANCE [1'o be completed by Agency) adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. ~essecl in connection with its (a) setting (i.e. urban or rural}; (b) proba~3ility of occurring; (c) duration; ic scope; an0 (f) magnitude. It necessa~, add attachments or reference supporting materials. Ensure that :lent detail to show that all relevant adverse impacts have been identified ancl adequately addresseO. If Recked yes, the determination an0 significance must evaluate the potential impact of the proposed action acteristics of the CFA. ou have identified one or more potentially large or significant adverse imlSacts which MAY directly to the FULL EAF and/or prepare a positive declaration. ' tou have determined, based on the information and analysis above and any supporting the proposed action WILL NOT result in any significant adverse environmental impacts tchments as necessary, the reasons supporting this determination: D&le APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S 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. YOUR NAME: TALSA?, UP&L (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance x SpeciaI Exception If "Other", name the activity: Change of Zone Approval of Plat Exemption from Plat or Official Map Other Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO x Complete the balance of this fom~ and date and sign below where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) 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, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submittedthis_2 dayof October 2009 Print Name: URAL TALGAT ~ Town of Southold · LWRP CONSISTENCY ASSESSMENT FORM INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 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.nortlffork.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# 4 4 '1 '1 The Application has been submitted to (check appropriate response): TownBoard [] Planning Dept. [] Building Dept. [] BoardofTrustees [] ZBA X 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: Nature and extent of action: Addition to an existing residence Location of action: 54715 Route 48, Southold, NY Site acreage: 30,805 s f = 0.7071 acres Present land use: Residential Present zoning classification: R- 40 If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Nameofapplicant: URAL TALGAT, Architect (b) Mailing address: 436 7th STREET GREENPORT, NY 11944 (c) TeLephone number: Area Code ( )_ ( 6 3 1 ) 4 7 7 8 9 6 3 (d) Application number, if any:. Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [~ No [] If yes, which state or federal agency?. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. [] Yes [] No ~ Not Applicable Aooing to an existing residence preserves open space arouno ~ne exzstlng resioence and makes efficient use of the existing structure and property. Also the addition to the property is far less than the 20% lot coverage allowed by zoning. Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Santhold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria ~ Yes [] No [] Not Applicable There are no historic or archeoloqical structures on property. Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria [] Yes [-~ No [] Not Applicable By improving the existing residence, and not demolishing it and expanding it ~reatlv, the scenic resources are thereby preserved and enhanced Attach additional sheets if necessary 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 16 for evaluation criteria [] Yes [] No [] Not Applicable All rainwater runoff will be retained on site with the use of underground drywells. During construction hay bales placed temporarily between the construction and shore will keep runoff spoils on Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria [] Yes [] No [] Not Applicable All rainwater runoff will be retained with the use of underground drywells. The sanitary system for the residence meets current Suffolk County Dept. of Health Services standards for sanitary waste water. The property is served with public water from Suffolk County Attach additional sheets if neeessary 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 HI - Policies; Pages 22 through 32 for evaluation criteria. [] Yes [] No[] Not Applicable NO development will take place in the "protected" or "natural indiginous environment". Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. ~-~ Yes [-~ No ~-~ Not Applicable The development will not add pollutants into the air. all construction vehicles meet the Federal standards for air pollution discharge. The mechanical systems of the residence meet the Federal standards for air pollution discharqe. Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. [] Yes ~ No [] Not Applicable The construction and use of the residence will make use of the town,s disposal and recycling center. All waste water "sanitary" will be discharged into an approved SCDHS sanitary system. PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. ~-~ Yes~ No ~ Not Applicable There is no a right-of-way to public lands or coastal waters. Attach additional sheets if necessary 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 56 for evaluation criteria. [] Yes [~ No [] Not Applicable There are no public or commercial activities or uses on site. Historically this property and neighboring properties are residential in use and will remain residential. Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. ~ Yes [] No ~ Not Applicable This project will protect and preserve the living marine resources by maintaining all rainwater discharge and sanitary flow from the residence on site by approved SCDHS sanitary system and drywells Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section HI - Policies; Pages 62 through 65 for evaluation criteria. Yes [] mo [--q mot Applieablc There are no agricultural lands on site. Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. ~ Yes [] No [~ Not Applicable The construction will be using equipment approved by the Federal government for energy usage. The residence will meet Federal standards for conserving energy "energy Star Program" and will use "New York Stat Energy Conservation and Construction Code" for construction of the residence. PREPARED BY URAL TALGAT Created on 5/25/05 11.'20 AM TITLE ARCHITECT DATE 10-2-2009 GARIPIAN RESIDENCE October 2009 Page 3 VIEW WEST FROM TOP OF BULKHEAD VIEW EAST FROM TOP OF BULKHEAD VIEW NORTH FROM RESIDENCE GARIPIAN RESIDENCE October 2009 Page 4 VIEW WEST TO RESIDENCE FROM BEACH VIEW EAST TO RESIDENCE FROM BEACH VIEW SOUTH TO RESIDENCE FROM HIGH WATER GARIPIAN RESIDENCE October 2009 Page 1 VIEW NORTH TO RESIDENCE VIEW NORTHEAST TO RESIDENCE VIEW NORTH TO RESIDENCE GARIPIAN RESIDENCE October 2009 Pa~je 2 VIEW EAST TO RESIDENCE VIEW SOUTHEAST TO RESIDENCE VIEW SOUTH TO RESIDENCE /b~f/f/'-/-/ TOWN OF SOUTHOLD PROPERTY RECORD CARD OW'~ER STRE~',5-~/~ / ~ V'L~,GE- DIST. ~O~M~ oW~ -- ~ N ,~s. 3 I b ~ s~As. w. .*.M CO~M. C~. ~SC. AGE BUILD1NG CONDITION N ~ NORMAL BELOW ABOVE FARM Acre Velue Per Value Acre 'ill~ 'illeble 2 illable 3 ~-~ /oodland ~/~ / wampland ' FRONTAGE ON WATER rushland FRONTAGE ON ROAD ouse Plot DEPTH ~ ~-- 3~.t~ COLOR TRIM c. xtension Foundation Basement Ext. Walls Fire Place Type Roof Bath Floors Interior Finish Heat Rooms 1st FIo Rooms 2nd Perch ~o Porch .J'"X ~arage Patio too Recreation Roorr Dormer Total ~.p, au!c] / s~oo]4 '6pl~] WI~JJ- ~O"iOD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 www. n orthfor k. net/Sbu~thold/ Examined ,20 Approved ,20 Disapproved a,'c.~*~- ¢~4~] Expiration ,2O PERMIT NO. ~UILLIIINCi FP--;Ii. MI 1' A.P?LICA flON CH~CI'~LIN'J ~'Do you have or need the following, before applying? Board of Health 3 sets of Building Plans. Planning Board approval Survey Check " Septic Form N.Y.S.D.E.C. Trustees Contac~ Phone: S£P 1 0 Building InSpector APPLICATION FOR BUILDING PERMIT iNSTRUcTiONS Date ,20 a. This application MUST be completely filled in by typewriter or in ink and subm/tted 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 Per,nit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a p, ermit ~hall 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 ssues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months al~er the date of ssuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the ,roperty have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an ddition six monfl~s. Thereal~er, a new permit shall be required. :uildingA~oPnLeI~T2nNci~fH~R-..~ BY ~ tO the ~nlldmg Department for the ls~uauge o,~ Building Permit p.uant tO the e zown of Southold, Sutfolk County, New York, and Other applibab!e Laws, Ordinances or egulatfons, for the ConStruction of buildings, additions, or alterations or for removal' Or demolition as herein described. The ~plicant agr~s to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit ~-thorized inspectors on premises and in building for necessary inspections. .. . (Signature ofapp~icar~F~or name, ifa corporation) · ~t ~,(Maiti. ng address ~f'ap-p-licant) ' ate whether applicant is owner, lessee, agent, architect en ineer eneral , g , g contractor, electri'cian, plumber or builder ~meofownerofpremises ' ~-],OIC~ ~AI~(~'Ii4D t~ ~ (As on'th[ tax r611 or latest deed) ~pplicant is a corporation, signature of dt/iY authorized officer (Name and title of corporate officer) ilders License No, ~mbers License No. · ctricians License No. ~er Trade's License No. Location of land on' which proposed work will be done: House Number Street Hamlet County Tax Map No. 1000 Section Subdivision "''~' , (Name) '~_~_._~Block ] Let Filed Map No. Lot 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy c~I~16/__.~, ,~.(14(r-.~¥ b. Intended use and Occupancy ~-~{~-~a/..~ .~_ ! S~, ~~--~ 3. Addition. ~ Alteration Other Work (Description) Nature of work (check which applicabl~)i New Building Repair Removal Demolition Estimated Cost ~[2 ~/~: O~ 0 Fee 5. If dwelling, number of dwelling units If garage, number of cars (To be paid on filing this application) Number of dwelling units on each floor 6. If business, commercial or mixed occupancy, specify nature, and 7. Dimensionsofexistingstruclures, ifany:Front ~i..,~.,~ Rear Height ~ '21::jt -(E)t! Number of Stodes ~ Dimensionsgf ~ar~e structure with alterations or additions: Front t~¥) Depth ~--~"~ -- (" Height ~-2,~'~(~)u Number of Sto~ 8. Dimensions of entire new construction: Front Height Number of Stories 9. Size oflot: Front ~-~1' Rear C~, Rear Depth 10. Date of Purchase .Name of Former~flaer-~x 11. Zone or use district in which premises are situated ~ '- 12. Does proposed construction violate any zoning law, ordinance or regulation? YES ~NO__ 13. Will lot be re-graded? YES__ NO ~Will excess fill be removed from premises? YES__ 14. Names of Owner of premises Name of Architect: Name of Contractor NO V Address [7 ~-~>~-~ ~')Y~honeNo: Adaess/ o Phone Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES' I~NO ' * IF YES, 8OUTHOLD TOWN TRUSTEES & D.E.C PERMITS .MAY BE REQUIRED. b. I$ this property Within 300 feet ora tidal wetland? * YES ,~.NO * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide surVey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point o.n property is at 10 feet 9r below, must provide topographical data on surVey. STATE OF NEW YORK) COUNTY OF ., , t///~¥~ ~'~ .~?~ ~'--/~ being duly SwOrn: deposes and ,ays that'(s)he is the applicant (Name of individual signing contnic~) above named, :S)He is the I &~r4r ~ (Con~rac~or, ^gnnt, Corporate O~cer, etc.) )f said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; hat all statements contained in this application are tree to the best of his knowledge and belief; and that the work will be )erformed in the manner set forth in the application filed therewith. 5worn to before me tMs, ~' dayof ..~P/~2/'- 20~_.I ' x~'~~. _ ~ota~ P~lic :~ PATRICIA RICHARDS ' ,'*'*~ , . Notary Public, State of New York No, 01 RI6042467 Qualified in Suffolk County * Co~lsslon Expires Ma~ 30.-=~ ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTI~AR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Ma~n 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 October 20, 2009 Zoning Appeal No. 6345 Transmitted herewith is Zoning Appeals No. 6345 of Ural Talgat for Karnick & Haci Garipian- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Short Environmental Assessment Form, Transactional Disclosure Form, LWRP Consistency Assessment Form, 4 Pages of Photos of Property, Notice of Disapproval from Building Department Dated September 16, 2009, Copy of Property Record Card, 6 Pages of Plans Showing Existing Floor Plans & Elevations, Survey Showing Property as it Exists Dated May 19, 2005 Prepared by Destin Graf P.L.S., Site Plan Dated Sept 9, 2009 Prepared by Ural Talgat Architect. Town of Southold P.O Box 1179 Southold, NY 11971 Date: 10/20/09 * * * RECEIPT * * * Receipt~: 60749 Transaction(s): 1 1 Application Fees Reference Subtotal 6345 $600.00 Check#: 5982 Total Paid: $600.00 Name: Garipian, Karnick & Haci 305 Arthur Ave Englewood Cliffs, NJ 07632 Clerk ID: CAROLH Internal ID: 6345 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, FEBRUARY 25, 2010 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, FEBRUARY 25, 2010: 11:00 A.M. KARNIK & HACl GARIPIAN #6345. Request for Variances from Code Section 280-116A(1) and 280-124, based on an application for building permit and the Building Inspector's September 16 , 2009, amended January 27, 2010 Notice of Disapproval concerning proposed additions and existing deck addition to a single family dwelling, (1) less than the code required set back of 100 feet from a bluff, (2) less than the code required side yard setback of 15 feet, (3) less than the code required rear yard setback of 50 feet, at 54715 Route 48 Southold, NY. CTM: 44-1-1. Zone R-40. 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 priorto the day of the hearing. If you have questions, please do not hesitate to contact our office at (631) 785-1809, or by email: Vicki.Toth~Town. Southold.ny.us. Dated: January 26, 2010. ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON BY VlCKI TOTH 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 ZONING BOARD OF APPEAL,~ 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 JanuaW25,2010 Re: Town Code Chapter 55 - Public Notices for Thursday, February 25, 2010 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 4th: 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_JI 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 during the hear nq, providing the returned letter to us as soon as possible; AND not later than February 5th: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, and furnish to our office with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later February 17st: 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 or mail your Affidavit of Postin,q for receipt by our office before February 23, 2009. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Encls. 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 11th dayof February, 2010. Principal Clark Sworn to before me this NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME GARIPIAN K. & H. #6345 MAP # 44-1-1 VARIANCE SETBACKS REQUEST Additions DATE: THURS, F 25, 2010 11:00 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 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.north fork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 December 11, 2009 Suffolk County Soil and Water Conservation District 423 Griffing Ave., Suite 110 Riverhead, New York 11901 Re: ZBA File Ref. No. 6345 (GARIPIAN) Dear Sir or Madam: We have received an application for a project adjacent to Long Island Sound in Southold, NY, and shown on the enclosed site map. The hearing on this application is expected to be held in approximately 6 weeks. 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 Chairman Encls. Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF $OUTHOLD Tel. (631) 765.1809 Fax (631) 765-9064 October 21,2009 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 #6345 Owner/Applicant: GARIPIAN, Kamick and Haci Action Requested: Setbacks Within 500 feet of: (X) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ( ) Boundary of Agricultural District :~ ( ) Boundary of any Village or Town If any other inform;a, tion is needed, please do not hesitate to call us. Thank you. Very truly yours, Encls. Gerard P. Goehringer ZBA Chairman ZONING BOARD OF APPEAL8 TOWN OF SOUTHOLD: NEW YORK In.the Matter of the Application of . t/,v--/ ,+P4P:d (Name of Applicants) CTM Parcel #1000- 4~ - / - / AFFIDAVIT OF COUNTY OF SUFFOLK) STATE OF NEW YORK) _ T'~v4,v--t/ , New York, being duly sworn, depose ahd say t~mt: On the~:~, da~ o_f_ ,'~,~ff-~ , I persooally mailed at the United S~es Post Office in ~/~ , New Yor~ by CERT~D ~L, ~ ~CE~T ~Q~S~D, a ~e copy of the a~ched ~gal Notice in prepaid envelops address~ to c~ent o~ers shorn on the cu~ent ~sessment roll verified from the official r~r~ on file ~ ~e ~ Assessors, or ( ) Co~ty ReM Property Office , for evew prope~ which abuts and is across a public or pfiv¢,te s~eet, or vehicular right-of-Way of recor& s~o~ng the applicant's pro~. ' (Signature) Swon3 to before me ttfis C~t'~'day of~, 20(~0 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. USE D Postage ru [~ Return Receipt Fee ~r~ (Endorsement Required) Restricted Delivery Fee r~ (Endoe'~ement Required) ~ Total Postage & Fees $2.80 $2.30 $ SS.54 0,2/09/'2010 t'~ Postage ru Certified Fee Return Receipt Fee r-'1 (Endorsement Requln~d) Restricted Delivery Fee r-3 (Endom,,ement Requlreq) S2.80 05 ~1 ~,~C~AL USE ,AL USE · Complete ifans 1, 2, and ~ o complete Item 4 if ResMcted Delivery is desired. ·Prtnt your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiace, or on the front if space permits. 1. A~ticfe Addresaed to: 2. Article Number (37ansferflomsendcelabeO l~ ~-. _ . PS Form 381 1, February 2004 Agent B. Recelvedby(PrfntedName) C. Date of Delivery D. Isdelha~yaddressdlff~mnt~om item 17 [] Yes if YES. enter dai~ve~ address below: [] No Certified Mail [] Express Mall 7009 1410 0002 1062 1590 Domestic Return Receipt 10~5~o-02-N1-1540 · Complete Iteme 1,2, and 3. AJeo complete Item 4 If Re,Meted D~lvely la desired. · Print you~ rmme and addmes on t~ge mveree 7009 1410 B. F~o~d by (PrtntedName) C. D~te of C)ellve~/ D. lede~addmaeg~41t~em~fmmlteml? r'lyes If YE~, ell~r ~l~y ~ bek)w: [] No [] In=z,md ~ ' [] C.O.D. 4. Re~lct~ D~lve~? t~ma F~e) 002 1062 1552 PS Form 3811, Febrcary 2004 Domestic Retum Receipt · Complete Item 1, 2, and 3. Nso complete item 4 if Restricted Delivery is desired. · Print your nam.~ and ~ddress on the reverse so_that we c~/etur~ ~e card to you. · Attach this ca~J to:.~ back of the mallpie~e, or on the front if~. ' rmifs. 1. Article Addressed to: - ~ x [] Addressee ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In t~ M~tter of the Application of ~t~ame of Applioants) ' Regarding Posting of Sign upon Applicant's Land Identified as ooo- / / COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF SION POSTING ~?-~~, New York, being duly sworn, depose a~d say that: O.n.,th.,e (.~ od,ay o~f~: I personally placed the Tovm's official Poster, yam me oate or neanng aha nature or my application noted thereon, securely upon my property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) - facing the street or facing each street or fight-of-way entrance;* and that I hereby confirm that the Poster has remained in place for s~ven~davs nrior to t~t date of the subject hearing date, which hearing date was shown to be ~.~5- Swop to before me this c~or°'ffay of Fe~rc~, 20~13 otary I% ic) (Signature'-) *near the entrance or driveway entrance of my property, as the area most visible to passersby. Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 October 21, 2009 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No.//6345 (GARIPIAN) Dear Mr. Terry: We have received an application for additions in Southold. A copy of the Building Inspector's Notice of DisapproVal under Chapter 280 (Zoning Code), and survey map, project descriPtion form, are attached for your reference. Your written,.gvaluation with recommendations for this proposal, as required under the Code proced~es of LWRP Section 268-5D is requested within 30 days of receipt of this letter. Very truly yours, Gerard P. Goehringer Chairman Encls. Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 March 24, 2010 Ural Talgat, Architect For: Kamick and Haci Garipian 436 7th Street Greenport, NY 11944 Re: ZBA # 6345 Dear Mr. Talgat: Transmitted for your records is a copy of the Board's March 16, 2010 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above application for variances. Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of this determination to the Building Department. If you have any questions, please feel free to call at any time. Ve. Vicki Toth En¢l. E~XI~TIN® URAL TALGAT ARCHITECT 436 7th STREET GREENPORT, NEW YORK 11944 (631)477-8963 EXISTING FIRST FLOOR PLAN GARIPIAN RESIDENCE SOUTHOLD, NEW YORK OCTOBER 12~ 2009 EXI~,TIN~ L URAL TALGAT ARCHITECT 436 ;'th STREET GREENPORT, NEW YORK 11944 (631)477-8963 EXISTING SECOND FLOOR PLAN GARIPIAN RESIDENCE SOUTHOLD, NEW YORK OCTOBER 12, 2009 EXI~TIN~ URAL TALGAT ARCHITECT 436 7th STREET GREENPORT, NEW YORK 1¶944 (631)477-8963 EXISTIN® RESIOENC~E tIROPOSED FIRST FLOOR PLAN GARIPIAN RESIDENCE $OUTHOLD, NEW YORK OCTOBER 12, 2009 EXI~TIN~ UP, AL TALGAT ARCHITECT 436 7~ STREET GREENPORT, NEW YORK 11944 (63t)477-8963 EXISTING SECOND FLOOR PLAN GARIPIAN RESIDENCE SOUTHOLD, NEW YORK OCTOBER 12, 2009 SOUTH ELEVATION EAST ELEVATION URAL TALGAT ARCHITECT 436 7th STREET GREENPORT, NEW YORK 11944 (63t)477-8963 GARIPIAN RESIDENCE SOUTHOLD, NEW YORK OCTOBER 12, 2009 WEST ELEVATION URAL TALGAT ARCHITECT 436 7th STREET GREENPORT, NEW YORK 11944 (63t)477-8963 GARIPIAN RESIDENCE SOUTHOLD, NEW YORK OCTOBER 12, 2000 LONG isLAND sOUND LOT 6 LOT 9 SURVEY OF PROPERTY AT ARSHAMOMOQUE TOWN OF SOLi'rHOLD SUFFOLK COUNTY, N.Y. I000 ' 044 OI ' OI SCALE I"= MAY 9, A~ = 33, 865 SO. FI - to lie tine CERTIFI ED TO: CHICAGO TITLE INSURANCE CO NETWORK LENDERS OF AHERICA ASTORIA FEDERAL ,~O, VINGS HACI GARIPIAN 88- 340 TAX I.D. No. JOB No. 99-20 LO% 6 DESTIN GRAF P.LS., P.C. P.O. BOX 704 ROCKY POINT, NEW YORK 11778 PHONE [6.31 ]-821-5442 SURVEY OF: LOT 7 & LOT 8 MAP OF PROPERTY OF W.H. YOUNG AND R.J. GOODALE GREENPORT, TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK SURVEY DATE: 5119/05 SCALE: 1"=40' BY Destin O. Graf N.Y.State License No. 50067