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HomeMy WebLinkAbout3752~ONING BOARD OF APPEALS TC~?N HALL MAIN ROAD . S.R. 25 ' ~OUTtIO~D~ N.¥,-11973. MEMORANDUM FOR THE FILE August 15, 1988 Telephone call today from Henry Raynor, Agent for the Arslanyans, Appeal No. 3752. Henry confirmed that he has suggested to the applicant that the plan be revised to conform with the zoning setbacks and thereby eliminating the need for a variance. He asked that the application be held in abeyance until a decision is made by the owner. TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTIIOLD. N.Y. NOTICE OF DISAPPROVAL File No ................................ To ~ ~ .L)oo~.,o,~ ~ ~ ....-7~.. ~.. ~..~.....:~. ~-~ .... ,,~,:,~ ? ,,~ ~o~,¢~ ,,~, ,o~r ~,.,~¢~,o.. ~,~ ....... ~ ~. ~ .......... ,~. ~. ~ ~o~ ~o. " : ' "~ ...... ~;/~;i .... ~ County Tax Map No. 1000 Section . .'..~.~.~ .... Block .... ~ I ....... Lot .... ~.~ ....... Subdivision ................. Filed Map No ................. Lot.No .................. ,s returned herewith, and d,$approvc,I on ,lit: following grounds .(~'~ ..~..~.. r.~_..~/..C'~..-..~.~., ..... ...... ...~.....~.....~. ....... ,.~.?..~ ................. . Building Inspector SOIL AND WATER CONSERVATION DISTRICT COUNTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE August 15, 1988 STANLEY A. PAUZ£R DIST~tICT MANAGER Mr. Gerard P. Goehringer, Chairman Southold Town Board of Appeals Main Road Southold, New York 11971 Dear Mr. Goehringer: Regarding your request for our assessment of App1. No. 3752 - VARUJAN ARSLANYAN (Variances), please be advised that a site inspection was con- ducted on August 11, 1988. At this time I observed the top of the bluff to be approximately 36 feet from the northwest corner of the existing dwelling. The bluff face is gently sloping and is well vegetated. There is not any bulkheading at the toe of the bluff, however, the bluff appears stable. The rear and side yards of the site slope toward the south, away from the bluff. The proposed dwelling addition and swimming pool would be located approx- imately 26 and 28 feet, respectively, from the top of the bluff. Although that is close to the bluff top, measures should be taken, however, to in- sure that surface water runoff does not flow toward the bluff. Consequently, existing grades should be maintained as much as possible. In addition, any outlet water from the swimming pool should not be disposed of on the bluff face. I hope this information will be useful to you. If you require any additional information, please do hot hesitate to contact this office. Sincerely, Thomas J. McMahon, Senior District Technician 828 FRONT STREET, E O. BOX 803 GREENPORT~ NY 11944 (5161 477-1016 July 28, 1988 Southold Town Board of Appeals Town Hall Main Road Southold, NY 11971 Attn: Linda Kowalski Re: Petition of Varujan Arslanyan Dear Linda: Please be advised that I represent the adjoining property owners to the west of the subject parcel (Sherman, Allcot and Sniper). I believe that Doris Sherman has already in opposition to the application. Kindly keep me all hearings and other proceedings relative to thi Very~ filed a letter advised of lpetition. APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, .IR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN Rr'IAD- STAT£ RI-lAD 25 SI'lUTHrlLD, L.I., N.Y. '1~197~1 TELEPHONE (516) 765-1809 July 12, 1988 Mr. Henry E. Raynor, P.O. Drawer A Jamesport, NY 11947 Jr. Re: Appl. No. 3752 - Varujan Arslanyan (Variance) Dear Henry: Please forward four original prints of an engineer or surveyor's plan certifying the distance between the proposed construction and the top of the bluff at the closest points, and depicting: the extent and areas of disturbance between the bluff and the proposed construction; the contour elevations; cesspool and well locations. Upon receipt of same, the Board will be forwarding same to the Suffolk County Soil and Water Conservation District for an evaluation report concerning the premises. (A copy of their response will be sent to you when received.) Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, .IR. JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN RI-lAD- STATE RnAD 25 srlUTH[3LD, L.I., N.Y, 11971 TELEPHONE (516) 765-1809 August 5, 1988 Mr. Stanley A. Pauzer, District Manager Suffolk County Soil & Water Conservation Peconic Plaza - Route 58 164 Old Country Road Riverhead, NY 11901 Re: Appl. No. 3752 - Varujan Arslanyan (Variances) Dear Mr. Pauzer: We presently have an application pending in which the property owner proposes to construct inground pool with deck and fence enclosure near the bluff of the Long Island Sound, as more particularly shown on the attached architect's rendition. Also attached is a recently updated survey showing the location of the bluff and the existing structure, and we have requested additional information concerning the areas to be disturbed during construction between the proposed pool and the bluff. The subject premises is located along the north side of County Road 48 in the Hamlet of Greenport, Town of Southold, and is identified on the Suffolk County Tax Maps as District 1000, Section 52, Block 1, Lot 8. May we ask your assessment of this project? Enclosed for your file are copies of the County Tax Map showing the surrounding area, construction sketch, and survey of the premises as exists. Upon receipt of the additional map showing the areas of disturbance, we will forward same to you. Your time and efforts are greatly appreciated. Thank you. Enclosures Yours very truly, GERARD P. GOEHRINGER, By Linda Kowalski CHAIRMAN 0 JUDITH T. TERRY To: From: Dated: Transmitted herewith is Zoning Appeal No. Varui~n Arslanyan OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Southold Town Zoning Board of Appea. ls Judith T. Terry, Southold Town Clerk July 6, 1988 3752 Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1801 application of for a variance. Also included is: Notification to Adjacent Property Owners; Short Environmental Assessment Form L~; Notice of Disapproval from the Building Department; survey of property; and any other attachments relative to this application. Judith T. Terry qn~lthnld Tn~vn TOWN OF $OUTHOLD, NEW YORK JUL 0 6 1988 APPEAL FROM DECISION OF BUILDING INSPECTOR Seuthdd Tram Clerk ^PPEAL NO. 37J DATE .............................. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (~e).._v...~.~.~..n...A~..z.~.n..Y.~..n. ...................... of ....Z.4....~.e.~.~...~L..s.!.c..e...e.~:.....R..9..°.~....3...°.~. ....... Name of Appellon~ Street and Number New York New York ......................................................................................................................... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ...... n~...~ ...................... DATED ....... ~.a.~.....9..,.....~.~.8.~ ..................... WHEREBY THE BUILDING INSPECTOR DENIED TO Varujan Arslanyan Name of Applicant for permit of .Z .4... ~..e..s...~....4..L ...s. ~.c...e..e...~. :....~ ~....3...°..%/....~..e.?....L°...~.~.'.... ~..e..u....~.°...~.~ ..................... Street and Number Municipality State ) PERMIT TO USE ) PERMIT FOR OCCUPANCY ( ) 1. LOCATION OF THE PROPERTY .,.¢..°..u...n..t:~'.....R..°...u.~.e.....~,,8.:.....G.~..e.?..n...~.,°.,~'.~ ............ .A...R..8..?. ............. Street /Hamlet / Use District on Zoning Mop District 1000 Section 52Block 1 Lot 8 ~ . V. Arslanyan ................................................................................. burren~ Owner Mop No. Lot No. Prior Owner 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article III Section 100-31 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (x) A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lack of access (State of New York Town Low Chop. 62 Cons. Lows Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal (be~ (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for o variance and was made in Appeal No ................................. Dated ...................................................................... ( ) (X) ( ) is requested for the reason that dwelling and construc~ REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance applicant seeks to renovate pool in side yard. existing Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1, STRICT APPLICATION OF THE ORDINANCE would produce practical d~f~91~%~,.~pN~R~ sory HARDSHIP because applicant denied adequate utilization of premises as a result of improving an older residence on property that pre-existed current zoning standards. 2. The hardship created is UNIQUEond isnotshared by all properties alike in the immediate vicinity ofthis property and in this use district because the constructed location of the dwelling relative to the lot lines is difference from other existing properties. 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the renovation of this dwelling is not substantially visible from the entrance and would improve the appearance of this dwelling and the surrounding area. Sworn to this ................................ .~.~.. day of ........................ ~.~ ............ 19~;~ CLAIRE L GLEW Noisy Public, Sram ol New yolk No. 4879506 Ouelified in Suffolk County Commission Expires December 8, 19 BOARD OF APPEALS. TOWN OF $OUTHOLD In the Matter OT' the Petition of Varujan Arslanyan to the Board of Appeals of the Town of Southold TO: Wilbur Alcott 527 Paramus Road Paramus, NJ 07652 NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold torequesta (Variance) (~!:e~l,1~[x(~gt41~x(~l~e~r,~1~lrj~fl[l~xrd2[~,~_ ~() [circle choice] ). 2. That the property which is the subject of the Petition is located adiacent to your property and is des- cribed as follows: County Route 48, Greenport, New York, also known as District/1000, Section 52, Block 1, Lot 8 3. That the property which is the subject of such Petilion is located in the following zoning district: AR80i 4. That by such Petition, the undersigned will request the following relief: to renovate existing dwelling and construct pool in side yard $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article II I Section 100-31 [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma), then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southo~d and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: July 5, 1988 Petitioner Owners'Names: Varujan Arslanyan PostOfficeAddress c/o Hehry E. R~yl~uL, Jr. P. O. Drawer A, Jamesport, NY 11947 Tel. No. {516 ) 722-4990 [Copy of sketch or plan showing proposal to be attached for convenience purposes.] NAME Wilbur AlCott Doris Lieb PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS 527 Paramus Road, Paramus, NJ 076521 P. O. Box 894, Melville, NY 11746 STATE OFNEWYORK) COUNTY OFSUFFOLK) SS.: Maturer Leonard , residing at Pike Street Matt ituck, New York , being duly sworn, deposes and says that on the Din day of July , 19 88 , deponent mailed a true copy of the Notice set forth on the re* verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of $outhold; that said Notices were mailed at the United States Post Of- fice at , 'Y~ ~OCZ~r~- (certified) (r~giste~ed) mail. Sworn to befo~e~me this Notary Public LOTTIR U. ROMAINE ~OTARY PUBLIC, State of New York NO, 52-3334625 - Suffolk Count~ Commission Exolres May 31, 19..Q.-/ / ; that said Notices were mailed to each of said persons by (This side does not have to be completed on form transmitted to adjoining property owners.) P. O. Drawer Jamesport, NY July 7, 1988 11947 Zoning Board of Appeals Main Road Southold, NY 11971 Dear Sirs: Please find enclosed the proof of mailing notice for notification sent to adjacent property owners for the Varujan Arslanyan application hand delivered to your office yesterday. It is my understanding that Van Tuyl has forwarded to your office three prints of the survey showing the distance between ..the top of the bluff and the house. Should you have not received these as yet, please advise. Should any further information be required before this application can be reviewed by your Board, please don't hesitate to contact me at 722-4990. Sincerely, Henry E~ Rayno~, Jr. HR:ml Enc. TOWN OF SOUTHOLD I~l~fne Matte~ OT' the Petition of Yarujan Arslanyan to the Board of Appeals of the Town of Southold TO: Wilbur Alcott 527 Paramus Road Paramus, NJ 07652 NOTICE TO ADJACENT PROPE~Y ~W'N E R YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (~i~]~4a~i~tl(R~0~i~XI~eigl~x(~:~e:Sxx~:XX~X~x~X~&~x 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribedasfoHows: County Route 48, Greenport, New York, also known as District 1000, Section 52, Block 1, Lot B 3. That the property which is the subject of such Petition is located in the following zoning district: AR80 4. That by such Petition, the undersigned will request the following relief: to renovate existing dwelling and construct pool in side yard $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signedare Article III SectionlO0-31 and Art XI Section 100-119.2A [ ] Section 280-A, New York Town Law for approval of access over r~ght(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Petition'er Owners ' Names: Varujan Arslanyan Post Office Address c/o Henry E. Raynor, P. O. Drawer A Jamespor t, NY 11947 Tel. No. ( 516 ) 722-4990 [Copy of sketch or plan showing proposal to be attached for convenience purposes.] NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS Wilbur Alcott Doris Lieb DociS Lfeb p. O. Bo~ 894 527 Paramus Road, Paramus, NJ 07652 P. O. Box 894, Melville, NY 11746 p - 542'~7'2~ 729 Wilbur Alcott 527 Paramus Road Paramus, 'NJ 07652 STATE OF NEW YORK ) COUNTY OF SUFFOLK) Maro_ret Leonard , residing at Pike Street Matt ituck, New York . being duly sworn, deposes and says that on the 7th day of July ,19 88 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at Ja~espor t ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to be/~re me this / day of ~ , 19._d~__ Notary Public LOTTIE U. ROMAINE 4OTARY PUBLIC. State of New York No. 52-3334625 - Suffolk CountyFq Commission Expires May 31, 19--(.2./ / (This side does not have to be completed on form transmitted to adjoining property owners.) ,14-16-4 (218Ti--Text 12 PROJECT I.D. NUMBER 617,21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT/SPONSOR 2. PROJECT NAME Varujan Arslanyan 3. PROJECT LOCATION: Munici[;ality GreenpoEt, Town of Southold County Suffolk SEQR 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) north side County Route 48, Greenport, New York, also known as District 1000, Section 52, Block 1, Lot 8 5. IS PROPOSED ACTION: [] New [~ Expansion [] Modification/alteration 6. DESCRIBE PROJECT SRIEFLY: Applicant seeks addition to dwelling and to construct a pool in side yard. 7. AMOUNT OF LAND AFFECTED: Initiarly ~ acres Ugimately ¥.,'/ acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [] No If NO, describe briefly lot line variance 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [~ Residential [] Industrial [] Commercial [] Agriculture [] Park/Forest/O~en space [] Other 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes [~[No If yes, list agency(s) an(~ permit/approvals 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [] No I.~ ye~. ~ist agency name and permit/approval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQU,RE MOD,F,CAT,ON? [] Yes [] No f CERTIFY THAT THE INFORMATION PROVIDED ASOVE IS TRUE TO THE BEST OF MY KNOWLEDGE If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 (Continued on reverse side) The N.Y.S. Environmental Quality Review Act requires submission of this form, and an environmental review will be made by this board before any action is taken. SHORT ENVIRONMENTAL ASSESSMENT FORM INSTRUCTIONS: (a) In order ~o answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning the project and the likely impacts of th~ action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that the project is not significant. (d) Environmental Assessment 1. Will project result in a large physical change to the project site or physically alter more than 10 acres of land? Yes x___NO 2. Will there be a major change to any unique or unusual land form on the site? Yes X No 3. Will project alter or have a large effect on an existing body of water? Yes XNo 4. Will project have a potentially large impact on groundwater quality? Yes XNo 5. Will project significantly effect drainage flow on adjacent sites? Yes XNo 6. Will project affect any threatened or endangered plant or animal species? Yes XNo 7. Will project result in a major adverse effect on air quality? Yes XNo 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas known to be important to the community? Yes XNO 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontologiual importance or any site designated as a critical environmental area by a local agency? Yes XNo 10. Will project have a major effect on existing or future recreational opportunities? Yes XNo 11. Will project result in major traffic problems or cause a major effect to existing transportation systems? Yes XNo 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? __Yes XNo 13. Will project have any impact on public health or safety? _.__Yes XNo 14. Will project affect the existing community by directly causing a growth in permanent popula- tion of more than 5 percent over a one-year Yes XNo period or have a major negative effect on the charact~ of the community or neighborhood? 15. Is there public controversy concerning the . project? Yes X No Preparer's Signature: Representing:. Date: ZBA 9/75 QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED WITH YOUR APPLICATION FO~d4S TO THE BOARD OF APPEALS Please complete, sign and return to the Office of the Board of Appeals with your completed application forms. If "Yes" is answered to any questions below, please be sure to depict these areas on your survey (or certified sketch), to scale, and submit other supporting documenta- tion. 1. Are there any proposals to change or alter land contours? 2.a)Are there any areas which contain wetland grasses? (Attached is a list of the wetland grasses defined by Town Code, Ch. 97 for your reference.) b)Are there any areas open to a waterway without bulkhead? 3. Are there existing structures at or below ground level, such as patios, foundations, etc? 4. Are there any existing or proposed fences, c~ncrete barriers, decks, etc? If project is proposed for an accessory building or structure, is total height at more than 18 feet above average ground--~-~l? State total: ft. If project is proposed for principal building or structure, is total height at more than 35 feet above average ground level? State total: ft. 7. Are there other premises under your ownership abutting this parcel? If yes, please submit copy of deed. e Are there any building permits pending on this parcel (or abutting land under your ownership, if any)? State Permit # and Nature: Yes No No Yes ~ Yes ~ Yes O Yes ~ Yes ~ Do state whether or not applications are pending concerning these premises before any other department or agency (State, Town, County, Village, etc.): Planning Board Town Board Town Trustees County Health Department Village of Greenport N.Y.S.D.E.C. Other Yes Yes Yes ~ Yes ~ ¥e$ ¥e$ ¥e$ 10. Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale. (from contract) Yes 11. Is new construction proposed in the area of contours at 5 feet or less as exists? 12. If new construction is proposed in an area within 75 feet of wetland grasses, or land area at an eleva- tion of five feet or less above mean sea level, have you made application to the Town Trustees for an inspection for possible waiver or permit under the requirements of Ch. 97 of the Town Code? Yes Q~ NO 13. Please list present use or operations.conducted upon the subject property at this ti~e ~ and proposed ~ Please submit photographs f~r the record. I certify that the above statements are true and are being submitted for reliance by the Board of Appeals in considering my application. Signat~ure (Proper%y Owner) ~ ' 6 ! 1/88 WETLANDS [Amended 8-26-76 by L.L. No. 2-1976; 3-26- 85 by L.L. No 6-1985]: A. TIDAL WETLANDS: (1) All lands generally covered or intermittently cov- ered with, or wblch border on, tidal waters, or lands lying beneath tidal waters, which at mean Iow tide are covered by tidal waters to a maximum depth of five (5) feet. including but not limited to banks. bogs, salt marsh, swamps, meadows, flaL~ or other Iow lying lands subject to tidal action; (2) All banks, bogs, meadows, fiats and tidal marsh subject to such tides sad upon which grows or may grow Some or any of tho following: salt hay, black grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, groundsel, marsi~mallow and Iow march eordgrass; and/or (3) All land immediately adjacent to a tidal wetland as defined in Subsection A(2) and lying within seven- ty-fivo (75) feet landward of the most landward edge of such a tidal wetland. B. FRESItWATER WETLANDS: (1) "Freshwater wetlands" as defined in Artlelo 24, Ti- tle 1. § 24-0107, Subdivisions l(a) to ltd) inclusive. of the Environmental Conservation Law of the State of New York: and (2) All land immediately adjacent to a "freshwater wet- land," as defined in Subsection Bt1) and lying w/th- in'seventy-five (75) feet landward of the most land- ward ed ge of afi eshwater wetland.' 9705 RR -8O - j ~ R--80 LIO ~R J