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HomeMy WebLinkAbout4078APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD August 20, 1993 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Mr. Theodore Petikas 257 Stewart Avenue Bethpage, NY 11714 Re: Your Letter Concerning Regrading Land Area Landward of Proposed House Location CTM #1000-135-1-27 at Arshamomaque/L.I. Sound Dear Mr. Petikas: We are in receipt of your letter indicating that you are planning to revise your plan for grading in the above project, which is shown on the survey dated August 19, 1993 attached to your letter. The grading, as revised, does not show any change in the location of the house which was conditionally approved by the Board of Appeals June 22, 1993 under Appl. No. 4170. You may recall that the house location within 100 feet of the L.I. Sound is the jurisdiction of the Board of Appeals. The grading of the property must be done in accordance with the code requirements, and the revisions in the grade map, as revised (including changes in grades) will, however, be subject to reviews and/or further approvals from the Building Inspector, the Board of Town Trustees, the Southold Town Highway Depart- ment, the N.Y.S. Department of Environmental Conservation, etc. Very truly yours, GERARD p. GOEHRINGER CHAIRMAN To Whom It May Concern: I respectfully request t'hat you grant approval to a revised plan for grading my property on the west side of Town Beach in Arshamomaque. The proposal is for a gradual slope away from the septic system on its east side, eliminating the need for a retaining wall. This regrading would involve a minimal amount of fill on the Town property in order to maintain ~ 5% slope within 20 feet of the cesspools. Attached is a copy o£ the revised plan. Thank you for your consideration of this proposal. Sincerely Theodore Petikas Theodore Petikas 257 Stewart Ave. Bethpage, N.Y. 11714 Aug. 19, 1993 To Southold Town Trustees ,, Building Department Highway Department Zoning Board of Appeals Suffolk County Health Department Suffolk County Tax Map No. 1000-135-1-27 H.S. Ref No. 91-SO-102 ~.~ O,.'*:O;c,,'*'O 0,:':.2k RC~DERI ,CK VA.N TUYL, P.O. LICENSED LAND SURVEYORS GR EENPORT NEW YORK SUFFOLK CO HEALTH DEPT. APPROVAL H S NO STATEMENT OF INTENT THE WATER SUPPLY AND SEWAGE DISPOSAL SYSTEMS FOR THIS RESIDENCE WILL CONFORM TO THE STANDARDS OF THE SUFFOLK CO DEPT OF HEALTH SERVICES (Si APPLICANT SUFFOLK COUNTY DEPT OF HEALTH SERVICES -- FOR APPROVAL FOR CONSTRUCTION ONLY APPROVED: SUFFOLK CO. TAX MAP DESIGNATION: DIST. SECT BLOCK PCL )EED:L. 5v-~ P. 1;;~. TEST HOLE STAMP APPEAL~ BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Appeal No. 4170: Application of THEODORE AND MARIA PETIKAS (as contract vendees). (Owners: John Phillipedes, and others). Request for Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4A, and Article XXIV, Section 100-244B, for permission to locate new dwelling structure with an insufficient setback from the bank along the Long Island Sound and sideyards at less than the required 25 feet. This application is a new location different from that considered and alternatively granted under Appeal No. 4078 rendered April 22, 1993. Location of Property: North Side of Soundview Avenue, Southold, NY; County Tax Map Parcel No. 1000-135-1-27. This parcel is nonconforming as to total lot area at 11,000+- sq. ft. WHEREAS, after due notice, a public hearing was held on June 22, 1993, at which time those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located along the northwesterly side of Middle Road (C.R. 48) near its intersection with Sound View Avenue, at Arshamomaque, Town of Southold, containing a total lot area of approximately 11,000 square feet, and is identified on the Suffolk County Tax Maps as District 1000, Section 135, BLock 01, Lot 27. 2. The subject premises is vacant land. A portion of the land consists of low beach areas 'subject to flooding, and the remainder with variable contours as shown on the March 23, 1993 survey map to be between 5.8 feet and ten feet above mean sea Page 2 - Appl. No. 4170 Matter of Theodore and Maria Petikas ZBA Decision Rendered June 22, 1993 level (MSL). The dimensions of the lot are as follow: (a) the frontage along Middle Road - CR 48 is shown to be 30.0 feet; (b) the width along the low bank near the ordinary highwater mark per the N.Y.S. Department of Environmental Conservation maps is 48+- feet; (c) width at the extreme north end {below the current highwater mark} is shown to be 63+- feet, (d) the average depth of the property is 239 feet. It is also noted that the premises is located in the A-8 Flood Zone (min. el. at 11 feet above MSL at lowest floor utilized for residential use or placement of utilities (furnace, wiring, etc.). 3. APpellants have been authorized to make this application as contract vendees under a Contract of Sale dated September 16, 1991 with the property owners. 4. In this application, relief is requested to locate a 26 ft. wide by 30 ft. deep dwelling (inclusive of deck floor area, porches, and other construction) as shown on the survey map lastly amended May 24, 1993 and prepared by Roderick VanTuyl, P.C.). The dwelling construction is shown to be 'at least 50 feet from the line of the low bank. The sanitary system pools are shown close to the driveway-parking area, all landward of the proposed house location. The sideyards are shown at eight feet on each of the two side yards. Waterproof retaining walls and curbing is shown along both side yards (el. 6'8") for a proposed length of 135+- feet. A 12" water main runs along County Road 48. 5. Article XXIII, Section 100-239.4A of the Zoning Code provides for a setback of not less than 100 feet from the bank or bluff of the Long Island Sound. Article XXIV, Section 100-244B of the zoning code provides for a setback at not less than 10 feet as a minimum, and 15 feet in the other sideyard, and a total combination of not less than 25 feet. This new location of the proposed dwelling is necessary due to the narrowness of the lot. 6. Since the filing and grant of alternative relief under Appeal No. 4078 rendered April 22, 1993 to the applicants herein, the following approvals were issued: a) Southold Town Trustees variance under the Coastal Erosion Hazard Area Law, Permit No. 135-1-27, dated May 27, 1993. One of the conditions under which this permit was issued is that the sanitary system remain in the yard area facing the street; b) N.Y.S. Department of Environmental Conservation Permit No. 1-4738-00424/00001-0 issued May 28, 1993. One of the Page 3 - Appl. No. 4170 Matter of Theodore and Maria Petikas ZBA Decision Rendered June 22, 1993 conditions under this permit was the requirement that there be no disturbance to the natural vegetation of topography within an area extending 53 linear feet landward of the wetland boundary. Also, roof runoff shall be directed into drywells a minimum of 100 feet land of the tidal wetland boundary for immediate on-site recharge. No decks, accessory buildings or additions unless further approvals and permits are obtained. The distance to the ordinary highway mark is shown to be 75 feet to the location of the dwelling, and according to the D.E.C. approved map is shown to be 75 feet, and 140 feet from the front (street line to the back (waterside) of the proposed dwelling. 7. This request for sideyards is basically the same at eight feet and eight feet for a total of 16, except that the width of the house would be slightly greater at this new location of the house further north 50 feet which is the location approved by the State and Town wetland agencies. 8. There are houses with similar setbacks in this waterfront community which existed prior to the enactment 'of this law in May 1985. 9. In considering this application, the Board also finds and determines: (a) that the sound (northerly) setback requested is within the established setbacks presently existing in the area; (b) the hardship is related to the uniqueness of the land due to its size, shape, topography, location, and the character of the neighborhood; (c) the variance requested is the minimum necessary to afford relief and there is no viable alternative for appellants to pursue other than a variance; (d) the grant of the variance as applied will not be detrimental to the health, safety, or welfare of the community, and it will provide a benefit for the property owner to use his land for a zoning use allowable in this R-40 Residential Zone District; (e) the conditions for this variance and for all other agency permits must be carefully and faithfully followed by the property owner (and their agents) in order to prevent runoff or other discharge and to aid in preventing any adverse effect or impact on the physical or environmental conditions in · ~this location; Page 4 - Appl. No. 4170 Matter of Theodore and Maria Petikas ZBA Decision Rendered June 22, 1993 (f) the appellants' requests are not unreasonable in light of the limited upland area available for a residence, and the difficulties claimed are related to the land rather than a personal claim of appellants; (g) the relief as granted will not be adverse to the preservation and protection of the character of the neighborhood and the health, safety and welfare of the community. Accordingly, on motion by Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, to GRANT the relief as requested and noted below in the Matter of the Amended Application of THEODORE AND MARIA PETIKAS under Appl. No. 4170: a) placement of the entire dwelling construction, which must include steps and overhangs, shall not be closer than 50 feet to the low bank of the Long Island Sound as more particularly shown on the survey map prepared by Roderick VanTuyl, P.C. dated May 24, 1993; b) placement of the dwelling construction shall not be closer than eight feet from either side yard, and not less than a total side yard area of 16 feet; c) no building construction activities shall take place until all agency approvals have been issued, in writing, including the Southold Town Building Inspector's Office; d) the side yard(s) remain open and unobstructed at all times for access by emergency and/or fire vehicles. Vote of the Board: Ayes: Messrs. Goehringer, Dinizio, Villa and Wilton. (Member Doyen was absent.) This resolution was duly adopted. lk APPEALS B 0ARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD August 9, 1993 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Mr. and Mrs..Theodore Petikas 257 Stewart Avenue Bethpage, NY 11714 Re: Appl. No. 4170 - Zoning Setback Variance Property ID #1000-135-1-27 Dear Mr. and Mrs. Petikas: This letter is to advise that our office has received an inquiry from George H. Fisher, draftsman, who indicated he is drafting a house pTan for you which would comply with the Board of Appeals' decision conditionally rendered on June 22, 1993. Attached is a copy of an excerpt from our July 22, 1993 meeting Minutes which confirms the inquiries made and favorable agreement of the Board. Please do not hesitate to call our office if you have any questions concerning the zoning setback variance. Very truly yours, Enclosure cc: Mr. George H. Fisher En-Consultants, Inc. Linda Kowalski Matter of JAMES AND EILEEN LEDDY Decision Rendered July 22, 1993 addition by maintaining the southerly side yard at five feet (as exists for the house). VOTE OF THE BOARD: AYES: Messrs. Wilton, Goehringer, Doyen, and Dinizio. (AGAINST: Member Villa felt the new setback was not warranted under the circumstances for a porch). This resolution was duly adopted (4-1 margin).~ CORRESPONDENCE: The Board Members reviewed a letter received this afternoon from George H. Fisher, the draftsman for the proposed dwelling for THEODORE PETIKAS. Mr. Fisher indicates that the applicant was given approval for a 26 ft. by 30 ft. house and that he is inquiring as to whether the following would be permitted by the Board of Appeals under its prior conditional action: 1) Can a 3'4" by 3'4" platform and steps to the lower level be added within the eight ft. side yard setback? 2) Can the owners add an 8 ft. by 6 ft. front porch with a roof in the front yard (northerly yard) which was not shown in the 26 x 30 footprint that was previously before the Board? 3) Will a 1'4" roof overhang on part of the dwelling be permitted to be added on the seaward side of the 26 ft. by 30 ft. house previously considered by the Board? The Board Members unanimously were agreeable to allow the above, subject to approval by the Building Inspector and any other agency having jurisdiction before commencing construction. 50' '\ DEPARTMENT OF PLANNING Town of Southold Zoning Board of Appeals cOUnTY OF SUFFOLK ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE May 3, 1993 ARTHUR H. KUNZ DIRECTO~ Of PLANNING Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) which have been referred to the Suffolk County Planning Comission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Petikas, Theodore ~,z Ingeborg Tallarek Trust Municipal File Number(s) 4078 4162 Very truly yours, Arthur H. Kurtz Director of Planning GGN:mb S/B Gerald G. Newman Chief Planner APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. obert . '1 Ri c~ara ~ Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCO'I'F L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Pursuant to Article X/V of the Suffolk County Administrative Code, The Board of Appeals of the Town of Southold, Now York, hereby refers the following to the Suffolk County Planning Cut~,~ssion: X~{ Variance from the Zoning Code, Article XXIV , Section 100-244B Variance from Determination of Southold Town Building Inspector __ Special Exception, Article , Section __ Special Permit Appeal No: 4078 Applicant: Theodore Petikas, Location of Affected Land: 52755 CR 48, Southold, County Tax Map Item No.: lO00- 135-1-27 Within 500 feet of: 'XX XX Comments: dwelling Contract Vendee NY __'T°wn or Village Boundary Line Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area Existing or Proposed Right-of-Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines, or Within One Mile of a Nuclear Power Plant __ Within One Mile of an Airport Applicant is requesting permission.to construct a one family from amended site plan (1/8/93). Propped dwelling will have insufficient side yards setbacks. Copies of Town file and related documents enclosed for your review. Dated: April 29, 1993 SUFFOLK CO. HEALTH DEPT, APPROVAL J H.S. NO. STATEMENT OF INTENT THE WATER 5UIIq~LY AND SEWAGE DISPO$AL i SYSTEMS FOR THIS RESIDENCE WILL I CONFORM TO THE STANDARDS OF THE SUFFOLK CO. DEPT OF HEALTH SERVICES. APPLICANT SUFFOLK COUNTY DEPT. OF HEALTH SERVICES -- FOR APPROVAL CONSTRUCTION ONLY DATE: H. S. REF. NO.: APPROVED: SUFFOLK CO. TAX MAP DE:$1GNATION: DI~I'. ECT. ~LOCK PCL. ,'000 1~$ / Z7 OWNERS TEST HOLE STAMP I RO~ERICK VAN TyYL, P.C. LICEN~D LAND G~EEN~T NEW YO~K EN-CONSULTANTS INC 1329 NORTH SEA ROAD, SOUTHAMPTON~ NEW YORK 11968 BY FACSIMILE TRANSMISSION Mr. Gerard P. Goehringer, Chairman Zoning Board of Appeals Town of Southold 53095 Main Road Southold, New York 11971 ENVIRONMENTAL SERVICES 516-283-6360 FAX NO. 516-283-6136 March 30, 1993 RE: THEODORE PETIKAS - SCTM No. 1000-135-1-27 Dear Mr. Goehringer: In the event that your Board was not supplied with a copy of the Town Trustees Coastal Erosion Management Permit directly from the Board of Trustees, I enclose a copy herewith. I also requested Roderick Van Tuyl P.C. to verify the location of the adjacent house to the west as it was alleged that it was located incorrectly on the survey supplied to you. In addition, I also revisited the property. I can unequivocally state that the house is located 63±' from the westerly property line of Petikas as indicated by the dimension that has been added to the survey. I believe that these items complete your file, and I trust you will be able to render a decision in the near future. RLH:KD Enclosure cc: Theodore Petikas Richard C. Fioretti, Esq. -~99~ 11: 14~H FROM EN-CONSULT~HTS, IN,.' EN-CONSULTANTS, INC. 1329 NORTH SEA ROAD, SOU'~HAMPTON. NEW YORK 11968 ENVIRONMENTAL SERVICES 516-283-6360 FAX NO. 516-283-6136 March 30, 1993 Mr. Get'ard P. Goe~r~nger, Zoning Board of Appeals Towtl of Southold 53095 Main ~oad Sou~hold, New York 11971 Chairmam RE: T~QD_QI{~_3_~TIKA~ - $CTM Dear Mr. Goehringer: In the evert that you~ ~o~rd wa~ ~>)t ~upplied with a copy of thc Town Tz'u~e~s C~t~ £r~io~ ~a~ag~me~t P~mit di=ectly from tb~ 5~ard of Trus%ees, I enclose a copy herewith, I a~so r~guc~ted Roderlck Van Tuyl p.C. to verify the !ecation of ~he ~dja,-en% house to the west a~ i~: was alieqed that iL ~as }ocated incorrectly on the survey supplied ~e y~u. in addition, I also re¥i$ited the ~roperty. ~ can unequivocally ~tate that the hou$~ is !ccated ~3~~ from rhu w~sterl¥ property l~ne e£ Petikas a~ indicated ~y tl'~e ~me~sio~ that has ~ewn ~dded to the survey. ~ b%lieve ~}',.~,t t'~".c~u' item~ complete your trumt you ~,ili b~ ?.k:.!e tc re:~der a deci~'-~ion future. Very/txuly yours, RLN:KD Enclosure cc: Theodore Petikas Richard C. Fior~t~, Esq. Approved on October 22~ 1992 by resolution o~ the Board o~ Trustees subject =o revised survey which was received February 26, 1993. ~n~M.n M. Bred~ ~re$ident, Board of Trustees cc: ZBA Building Dept. TRUSTFi~ Joh~ lVl. Bre~tcmcycr, HI, PresM~nt Albert L Ie~mpski, Jr., Vice President Hcnry R Smith John B. 1%thill William 6. Albertson '~lcphon¢ {516) 765-1892 Fax (516) 765-1923 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SUPERVISOR ,'~COTT L. HARRIS Town Hall 53095 Main Road P.O. Box 1179 Soutiaold. New York 11971 COASTAL EROSION M,~NAGEMENT PERMIT Permit NUmber: 135-1-27 Name of Applicunt/Agent: En-ConsultantS, Name of Permittee: Tll~odore Petikas Address o~ Permittee: Z5P Stewar% Ave., Proper%y Located: Middle Read, $outhold I nc. Bethpage, NY 11714 DESCRIPTION OF ACTIVi%~': Construct one-family dwelling, undergro%md utilities (~lectric, water, cable TV), sanisary system and associated retaining wall all as shown on attached site plan January 8, 1993. Approxi~,ately 475 e.y. of clean fill will De trucked in to raime grades to those ~hown. pLEASE NOTE T~AT %~t.E ABOVE IS SUBJECT TO THE A'PTACHED foNDITIONS. Date of permit issuance: March 24, 1993 Th~s permit i~ valid foz a period o~ two years from the date of issuance. SPECIAL CONDITIONE: ******SEE A%TACHED coNDiTIONS****** Blui~ les%oration through a re-vegetation agreement is ~-~ched hereto and i~ ~ ncca~ary ~pecial condition of this permit. A relocation agreement is attached hereto a~.t is a necessary special condition of this permit. A maintenance agr~emeRt is attached hereto aBd is a ~.ond. t~.~n of this perrait. ~ecessar¥ special ' .... - ~Z~--~i 16FIH F~OH EN-CONSULT~NTC3, I N¢ i1~ order to effectuate the prov~sious of the Coastal Erosion Act and reasuilably onfouce aml support the varial]ce and pezmit, the followil%g conditions ai~ considered a part of the permit for the co~lstructtoll of a st;~gle l,~l,iiy housu at SC'i'M ~1000-135-1-27- ]. There shall ~e no ilooBe construction whatever wi~hi,:~ 100' of the "iow ba,k" or bluff as depicted on the property sur.~ey o~ R. Van Tuy1 of October 25, ]99.1. as m~ended. A final survey reViSion must be submit~d to this office showing all pertinent st[uctmal conditiol~s of this permit prior to permit ls~uanc~ by the a~inistrator · 2. AIl constzuction shall compty with the requirements of the Federal ~ergency M~magement Agency for the A-8, elevation 11'0" flood zone. 3. The hou~e shall b= (~oI~structed as "movable" on open nr concrete oilings D~oDoF1V ~etted or drive~] into the 9~otlnd such that according to accepted e{~gil;e~ring practic~ st[uctule shall meet alt uf the IH{MA requirements above and in addition be of such matarlal$ as to gustain 30 years useful life shouJd they becum~ sub,eot to the occasional direct e~o[liopa] [orce~ of Long Island 4. There shall be nc conventional foundation or concrete slab fo~ this house. 5. The sanitary s~stem retaining wall shall be of the dimensiol~S n~cessary for Soi[o]k County flea]th DepaItment approval. 6. Th~ reta[nin~ wall associated with the sanitary ~ystem shall nut be al tached to lbe house e~cep~ ~ndirectiy by those minimal wasteltlle. 7. The sanitary syst.,a, ~,aterlJJ~e and all utilities mu.,;t be .~,o,.~t~:c, and ent?.r the ho,J~ on t:h~ ~.am]ward o~ struet s~de. 8. There ~hal] l:e no ¢;~ et fill operation.~ within 50' of the !ow bluff inctudli~g but ,,(3~: limklcd to bringin9 in topsoil. 9. Ee-vegetatt~m.,' if any, within 50' ,~f the low bluff .-~hall t:o~sisL o£ l%ot~:e.~ ,~¢''0~... ~uch ,is ~u~rican beach gra~s, beach plt~::', ~(:,~sidc 9~].dc:n:od ~:r $in~tlal' ~peCiUS capab~le of surviving on native sandy soiln. i0. O,ce constz~,.gtcd, an7 future ~.e,.o,_-attol% of this . ha,,~d Area Permit. }~,e ~uts,Jal~t to a CoasLaJ. I:~osion ' sh~..~ be ~u:~!,-!lad t(: Jntercep: and dlrect:l¥ [uuo[£. They ..qu.~t be located so as to not: a n._alth ~,~,.a~d with th~ z~an[taiy system. 12. shall '~: -.q~ ,,~a] WetJo~tls ECL 25 pez,nit are All pzot~etlve inte~pletation pi'evil ling. 14. Debris flora structural damage resulting ~rom natural process such as the acuzon of water or io~ must be removed within 60 days of the (l~tagin~ event. 15. No operations.or storage o~ equipmen~ shall be permitted witbi, n 50' of the "low bank" or on Town property without the express pelmission of tile Southo!d Town ~lgbway Superlntelldent and the Southold Town Trustees. J 16. Construction ~all be o~ ope contil~uous operation. 17. ~o inspeutions shall be re~u~red~ ls~ after the ~llin~s are installed, 2nd a~ter th~ final grading ha~ been c~leted. TOTAL P. D5 TRUSTEES John M. Bredemeyer, III, President Albert J. Krupski, Jr.. Vice President Henry P. Smith John B. Tuthill William G. Albertson Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SUPERVISOR SCOTT L. HARRIS Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 COASTAL EROSION MANAGEMENT PERMIT Permit Number: 135-1-27 Name of Applicant/Agent: En-Consultants, Inc. Name of Permittee: Theodore Petikas Address of Permittee: 257 Stewart Ave., Bethpage, Property Located: Middle Road, Southold NY 11714 DESCRIPTION OF ACTIVITY: Construct one-family dwelling, underground utilities (electric, water, cable TV), sanitary system and associated retaining wall all as shown on attached site plan January 8, 1993. Approximately 475 c.y. of clean fill will be trucked in to raise grades to those shown. PLEASE NOTE THAT THE ABOVE IS SUBJECT TO THE'ATTACHED CONDITIONS. Date of permit issuance: March 24, 1993 This permit is valid for a period of two years from the date of issuance. SPECIAL CONDITIONS: ******SEE ATTACHED CONDITIONS****** Bluff restoration through a re-vegetation agreement is attached hereto and is a necessary special condition of this permit. ~ A relocation agreement is attached hereto and is a necessary special condition of this permit. A maintenance agreement is attached hereto and is a ~ecessary special condition of this permit. ~ Approved on October 22, 1992 by resolution of the Board of Trustees subject to revised survey which was received February 26, 1993. cc: ZBA Building Dept. Permit #135-1-27 THEODORE PETIKAS SPECIAL CONDITIONS OF A COASTAL EROSION PERMIT In order to effectuate the provisions of the Coastal Erosion Act and reasonably enforce and support tile variance and permit, the following conditions are considered a part of the permit for the construction of a single f~llily house at SCTM ~1000-135-1-27. 1. There shall be no ]louse construction whatever within 100' of the "low bank" or bluff as depicted on the property survey of R. Van Tuyl of October 25, 1991 as ~nended. A final survey revision must be submitted to this office showing all pertinent structural conditions of this permit prior to permit issuance by the administrator. 2. All construction shall comply with the requirements of the Federal Emergency Management Agency for the A-8, elevation 11'0" flood zone. 3. The house shall be constructed as "movable" on open timber nr ~oncrete DJ linos properly 9etted or driven into th~ ground such that according to accepted engineering practice the structure shall meet all of the FI{MA requirements above and in addition be of such materials as to sustain 30 years useful life should tbey become subject to the occasional direct erosional forces of Long Island Sound. 4. There shall be no conventional foundation or coacrete slab for this house. 5. The sanitary system retaining wall shall be of the minimum dime{isions necessary for Suffolk County Health Department approval. 6. The retaining wall associated with the sanitary system shall not be attached to tile house except indirectly by those minimal attachments necessary to support the buildillg cast iron and wasteline. 7. The sanitary system, waterline and all utilities must be located and enter the house on the landward or street side. 8. There shall be no cut or fill operations within 50' of the low bluff including but not limited to bringing in topsoil. 9. Re-vegetation,. if any, within 50' of the low bluff shall consist of native species such as 7~nerican beach grass,, beach pllul%, seaside goldenrod or similar species capable of surviving on native sandy soils. 10. Once constructed, any future relocation of this ]louse shall be pursuant to a Coastal Erosion Hazard Area Permit. 11. Drywells shall be installed to intercept and directly recharge roof run,off. They must be located so as to not contribute to a health hazard with the sanitary system. 12. The driveway shall be of a pervious surface. 13~ All provision~ of your Tidal Wetlands ECL 25 permit are equally in effect for this permit, the more stringent or protective interpretation prevailing. · 14. Debris from structural da3~aqe resulting from natural process sucb as the action of water or ice must be removed within 60 days of the dan~aging event. 15. No operations or storage of equipment shall be permitted within 50' of the "low bank" or on Town property without the express permission of the Southold '/'own Highway Superintendent and tile Southold Town Trustees. 16. Construction shall be of one continuous operation. 17. Two inspections shall be required: 1st after the pilings are installed, 2nd after the final grading has been completed. 18. This permit shall expire 2 years from the date of issuance. TRUSTEES - John M. Bredemeyer, III, President Albert J. Kmpski, Jr., Vice President Henry P. Smith !'- John B. Tuthill William G. Albertson Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD ACTION OF THE SOUTHOLD TRUSTEES ADMINISTRATOR COASTAL EROSION HAZARD AREAS Variance Application No. 1000-135-1-27 SUPERVISOR SCOTT L. HARRIS Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Application history and findings of fact En-Consultants, Inc. on behalf of Theodore Petikas to construct a one-family dwelling, underground utilities (electric, water, cable TV), sanitary system and associated retaining wall. All as shown on attached site plan. Approx. 475 c.y. of clean fill will be trucked in to raise grades to those shown. 1. An application for a Coastal Erosion Hazard area permit was received by the administrator on April 2, 1992. 2. On April 9, 1992 the applicant was given written notice that the application for a permit would require a variance application pursuant to 37-13 B wherein "The construction of non-movable structures or placement of major non-movable additions to an existing structure is prohibited" in the structural hazard area. 3. The application made no r~presentation with respect to the movable/non-movable nature of the proposed dwelling although the plans'propose "house no cellar". 4. The proposed sanitary system as well as the provision for a retaining wall is considered to be a semi-permanent feature which is prohibited in the structural hazard area pursuant to 37-13 B. 5. The application made no provision for dwelling sanitary system relocation as required in 37-13 F. 6. On June 8, 1992 the administrator received a letter and revised plans from En-Consultants (the agent) attached to and required pursuant to a NYSDEC Article 25 permit. The letter confirmed that the agent was preparing plans to demonstrate the feasibility of relocating the dwelling/sanitary system pursuant to 37-13 F and show required 1' elevation contours. 7. On August 19, 1992 the administrator received plans containing required survey contoursand proposed relocation areas and deemed the application complete. A notice of complete application was PoSted. 8. On September 17, 1992 a public hearing for a variance pursuant to provisions of the Coastal Erosion Hazard Act was held to elicit public com~nent and hear information to be considered by the Board of Trustees in their agency SEQRA determination. 9. No persons spoke against the proposed variance application at the public hearing. 10. On September 28, 1992 the Southold Town Superintendent of Highways and Commissioner of Public Works responded that there were no problems anticipated with the proposed home construction and retaining walls adjacent to Town facilities. 11. On October 15, 1992 the Trustees conducted a final site inspection of the proposed house. 12. The proposed dwelling will be in the F.E.M.A. A-8 designation with elevation 11.0 requirements for occupancy areas. 13. Based on the site plan survey of R. Van Tuyl dated October 25, 1991 erosion on the site as a result of the October 30 and 31, 1991 storm event eroded 28' of beach below ordinary high water. The storm may have eroded in excess of 10' of upper beach and bluff in the "low bank" area depicted on the R. Van Tuyl survey dated October 25, 1991 based on observations at the Town Beach facility to the East. 14. No published erosion data is known to exist for this site and vicinity other than on the property survey noted in #13 above. 15. The proposed house location is greater than 75' from ordinary high water in Long Island Sound and associated vegetated wetlands and is thus beyond the jurisdiction of the Town wetland ordinance (chapter 97). 16. As proposed the house location is slightly in excess of 50' to the point of inflection of the low profile bank or bluff that exists in this location. 17. The proposed house location is consistent with dwelling setbacks of houses to the west as noted on the Hazard Area map. The entirety of this parcel SCTM ~1000-135-27 lies within the structural hazard area as defined by Chapter 37 of the Town Code. 18. Ail utilities (public & private) are proposed landward of the proposed house. 19. On October 22, 1992 the Board of Trustees issued an agency negative declaration pursuant to SEQRA for this action which is an unlisted action pursuant to 6NYCRR Permit 617 and Southold Town Code Chapter 44. DETERMINATION - COASTAL EROSION PERMIT It is the determination of this Board that absent the variance required for the sanitary system retaining walls and conventional foundation~all relevant requirements for the issuance of a Coastal Erosion Permit have been made pursuant to Chapter 37-12 of Town Code in that the action is reasonable and necessary considering reasonable alternatives; that the project will not likely cause any measurable increase in erosion at the proposed site and at other locations and that the project prevents adverse effects on natural protective features and their functions and protective values; thus protecting existing erosion protection structures, natural and public resources. It is also the determination of this Board that all requirements and restrictions within the structural Hazard area of 37-13 can be met with the exception of the sanitary system and its attendant permanent retaining wall and house foundations in that: a. Ail utilities are proposed landward of the structure. b. Non-movable structures within the structural hazard area can be limited to the sanitary system retaining wall which shall be considered permanent. c. The permanent footing for the sanitary system will not be permitted to attach to the house so that future house relocation is made difficult or impossible. The footings for the sanitary system are located such that provisions for their removal can be made. d. No movable structures ~hall be located cleser than 25' to the landward limit of the bluff. e. No ground lOading or weight is placed on the bluff by this proposal. f. Plans for house relocation have been submitted. g. Because of the low profile of the bluff provisions for debris removal in the event of ice or water damage can be easily and practically met by permanent conditions. h. The site is conducive to proper grading such that water run-off can be limited from the bluff face. DETERMINATION - SANITARY SYSTEM VARIANCE It is also the determination of this Board that the installation of sanitary system elements of a permanent nature such as concrete retaining walls meets the requirements of a variance for activities within the building hazard area in that: a. No reasonable, prudent alternative site or method is available. b. Adverse impacts anticipated from coastal erosion process on the system can be mitigated. c. Because the location of the sanitary system is in front of the dwelling and at a higher than grade elevation the development of a sanitary system will be reasonably safe from flood and erosion damage. d. The variance requested is the minimum necessary to overcome the practical difficulty of siting and constructing a sanitary system with sufficient elevation above ground water to meet sanitary codes and the NYSDEC Tidal Wetlands Permit. e. There are no public funds utilized for this project, no long term adverse effects are anticipated to public utilities or properties in the area. DETERMINATION - CONVENTIONAL FOUNDATION VARIg{CE Whereas pursuant to 37-13 B, C no permanent foundations are permitted within the structural hazard area and whereas a reasonable and prudent alternative exists in constructing the house on open pilings the board deems no variance is appropriate for a conventional foundation and it is denied for use on this site. SPECIAL CONDITIONS OF A COASTAL EROSION PERMIT In order to effectuate the provisions of the Coastal Erosion Act and reasonably enforce and support the variance and permit, the following conditions are considered a part of the permit for the construction of a single family house at SCTM #1000-135-1-27. 1. There shall be no house construction whatever within 100' of the "low bank" or bluff as depicted on the property survey of R. Van Tuyl of' October 25, 1991 as amended. A final survey revision must be submitted to this office showing all pertinent structural conditions of this permit prior to permit issuance by the administrator. 2. Ail construction shall comply with the requirements of the Federal Emergency Management Agency for the A-8, elevation 11'0" flood zone. 3. The house shall be constructed as "movable" on open timber or concrete pilings properly jetted or driven into the ground such that according to accepted engineering practice the structure shall meet all of the FEMA requirements above and in addition be of such materials as to sustain 30 years useful life should they become subject to the occasional direct erosional forces of Long Island Sound. 4. There shall be no conventional foundation or concrete slab for this house. 5. The sanitary system retaining wall shall be of the minimum dimensions .necessary for Suffolk County Health Department approval. 6. The retaining wall associated with the sanitary system shall not be attached to the house except indirectly by those minimal attachments necessary to support the building cast iron and wasteline. 7. The sanitary system, waterline and all utilities must be located and enter the house on the landward or street side. 8. There shall be no cut or fill operations within 50' of the low bluff including but not limited to bringing in topsoil. 9. Re-vegetation,' if any, within 50' of the low bluff shall consist of native species such as American beach grass, beach plum, seaside goldenrod or similar species capable of surviving on native sandy soils. 10. Once constructed, any future relocation of this house shall be pursuant to a Coastal Erosion Hazard Area Permit. 11. Drywells shall be installed to intercept and directly recharge roof runoff. They must be located so as to not contribute to a health hazard with the sanitary system. 12. The driveway shall be of:a pervious surface. 13. Ail provisions of your Tidal Wetlands ECL 25 permit are equally in effect for this permit, the more stringent or protective interpretation prevailing. 14. Debris from structural damage resulting from natural process such as the action of water or ice must be removed within 60 days of the damaging event. 15. No operations or storage of equipment shall be permitted within 50' of the "low bank" or on Town property without the express permission of the Southold Town Highway Superintendent and the Southold Town Trustees. 16. Construction shall be of one continuous operation. 17. Two inspections shall be required: 1st after the pilings are installed, 2nd after the final grading has been completed. 18. This permit shall expire 2 years from the date of issuance. cc. Southold Town Zoning Board of APpealS Raymond Jacobs, 'Southold Town Superintendent of Public Works & Highways Bill Southard,'NYSDEC EN-CONSULTANTS, INC. 1329 NORTH SEA ROAD, SOUTHAMPTON, NEW YORK 11968 March 1, ENVIRONMENTAL SERVICES 516-283-6360 FAX NO. 516-283-6136 1993'~'~ Mr. Gerard P. Goehringer, Chairman Town of Southold Zoning Board of Appeals 53095 Main Road Southold, New York 11971 RE: THEODORE PETIKAS - SCTM No. 1000-135-1-27 Dear Mr. Goehringer: Pursuant to your December 10, 1992, letter, I enclose the following: 1. Notice of Disapproval from the Town Building Inspector dated February 4, 1993. Note that the grounds for denial is "insufficient side- yard setbacks." Based upon this, we believe~ the appeal previously filed with your Board -- remains valid and need not be amended. 2. A copy of the NYSDEC permit is attached~F~'6~ ,3 3. Seven prints of an updated survey showing all structures within 50' and other items requested Please note that my client has been in contact with the Suffolk County Department of Works regarding possible relocation of the road drain. This was one of the items that the Health Department requested us to clarify prior to their further review of the sanitary system. The Department of Public Works has proven very reluctant to supply us with any opinion in writing, which therefore holds up any decision even on a preliminary basis by the Health Department. Mr. Gerard P. Goehringer - 2 - February 11, 1993 I have discussed your request for revisions to the single and separate ownership search with the abstract company that prepared it. They advise me that "Parcel 2" referred to in your December 10, 1992, letter is across a public roadway from the subject premises and should not have any bearing upon the instant request. In addition, it appears that the drainage facility was installed without benefit of any recorded easement or restrictive grant. Thus, the document now in your possession is accurate. In order that the applicant not be held in limbo, I request that your Board proceed at this time without further input in writing from the Health Department. Approval of the sanitary system by the Health Department will not affect the location of the house. My client stands to lose a significant down payment if the ZBA decision is not obtained shortly. I, therefore, appeal to you to proceed as quickly as possible. Very/~truly yours, President RLH:KD Enclosures cc: Theodore Petikas Richard Fioretti RO~.ERICK VAN TUYL LICENSED LAND SU 'VEYORS GREENPORT NEW YORK SUFFOLK CO HEALTH DEPT APPROVAL H S NO. STATEMENT OF' INTI~NT THE WATER SUPPLY AND SEWAGE DISPOSAL SYSTEMS FOR THIS RESIDENCE WILL CONFORM TO THE STANDARDS OF THE SUFFOLK CO. DEPT. OF HEALTH SERVICES. IS} , AF~LICANT SUFFOLK COUNTY SERVICES -- FOR CONSTRUCTION ONLY DATE: H. S. REF. HO.: APPROVED: DEPT. OF HEALTH APPROVAL FOR SUFFOLK CO. TAX MAP DESIGNATION: DtST. SECT. BLOCK PCL. ,'000 /.~, / ,.:7 OWNERS ADDRE~: SEAL t APPEALS B 0A~D MEMBERS Gerard P. Geehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD INTER-DEPARTMENTAL MEMORANDUM SCOTTL. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO: FROM: DATE: SUBJECT: Southold Town Trustees Attn: J. Bredemeyer, President ZBA March 24, 1993 Phillipides-Petikas Project 1000-135-1-27 (CR 48 near Sound View Ave, Arshamomaque) We have been advised by Roy Haje of En-Consulants', as agent for the contract vendee, Theodore Petikas, that the Town Trustees have approved the attached January 8, 1993 plan presently before the Board of Appeals. Since the Coastal Erosion Management Permit does not make reference to a dated survey or site plan, and the permit was issued October 22, 1992, it is unclear as to whether or not the January 8, 1993 plan as amended is the same plan approved by the Town Trustees. Before the Board of Appeals will render a decision on the amended plan of January 8, 1993, the members have asked the Trustees either confirm that is plan has been approved under the October 22, 1992 permit, or that it has no objection to the amendments shown thereon. Copies of the January 8, 1993 survey proposal and the Trustees Coastal Erosion Permit are attached for your convenience and perusal. Thank you for your 'assistance. -/ BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of : Theodore Petikas : to the Board of Appeals of the Town of 5outhold : TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That il is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (~a~Lm£e_) (Special Exception) (Special Permit) (Other) [circle choicel ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: North Side of Middle Roadr SCTM No. 1000-135-1-27 3. That the property which is the subject of such Petition is located in the following zoning district: 4 lhat b) such Pelitiun, the undersigned will request fl~e following relief: Variance from Side yard setback and total sideyard requested. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signedare Article XXIV Sect/on 100-244B & Article XXIII, Section 100.239 [ ] Section 280-A, New York Town Law for approva] 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 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. Dated: March 1, 1993 Theodore Petikas Petitioner Owners'Names: 257 Stewart Avenue PostOfficeAddress Bethpage, New York 11714 Tel. No. (516) 731.-2241 [Copy of sketch or plan showing proposal to be attached for convenience purposes.] NAME Jean Leonard V.I.P. Inns, Ltd. Bernard Dubin ~ROOF OF ATTACH CERTI' P. O. Bo North Ro Southold c/o Nicho 36 Gehrig Commack, ' 13617 Whipp~t way East Delray Beach, Florida 33484 STATE OF NEW YORK ) COUNTY OFSUFFOLK) SS.: d/b Ro_v L. Haie ,~at 1329 North Sea Road .qnn~-hampt~n. ~ew york 11968 .being duly sworn, deposes and says that on the 2nd day of March ,19 ..93 , 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 person5 as shown on the current assessment roll of the Town of SouthoJd; that said Notices were mailed at the United Sta~es Post Of- rice at Southampton ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to before me this day of~x ~-~ 3 (This side does not have to be completed on form transmitted to adjoining property owners.) COUNTY OF SUFFOLK ROBERT J, GAFFN£Y August 18, 1992 [4r. and Mrs. Theodore Petlkas 257 Stewart Avenue Bethpage, IY 11714 Re: n/slo C.R. 48~ Middle Road w/o the 5outhold Town Beach. 'Petl[as*. SCTM g1000-135-i-27 Gentlemen: This department has revleved )'our most recent submittal with retards to your proposed development at the above referenced property. The plan which you have submitted for the mitigation o~ the roadway drainage fronting this property, ls in ~eneral accordance with this Departments requirements. Ay copy of this letter and your plan ye are advlsin~ the Suffolk County Health Department that we are satlsf~ed vlth your proposed mltlgatloa. AS you are aware, you will be required to obtain a permlt from t~ls Department for these Improvements lrontinq your property on the County Right-of-way of Mlddle Road, C.~. ~8. you have any questions, kindly contact this office at 852-4100. Very truly yourz, Richard J. Lavalle, P.E. RJL/~IPC/pc ,~ ,..v. ~'~7 cc: Valarie Sccpa~, Town of SOUthold P~nnlng Steve Costa, SCDHS TOTRL P.02 FORM NO. 3 TOWN OF Sou'rHOLD BUILDING DEPARTMENT TO','tN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date l~Eg.O..AR.Y. 4, 9,3. To Eh. ConSultants, Inc. a/c (Contract Vendee Theodore Petikas) 1329 North Sea Road Southampton, N.Y. 11968 PLEASE TAKE NOTICE that your application dated 12/2/91 revi$ed 2[3/ 1.o 93 forpermit to CONSTRUCT A ONE FAHIL¥ DI~ELLING FROH AI~NDED R. VAN TUYL SITE PLAN 1/8/93 Location of Property 52?55. COUNT~ ROAB ~48 . SOu'r~iOl~, N.Y. h33,; ~o~ ...................................................... Street Hamlet County Tax Map No. I000 Section 135 Block I Lot 2? Subdivision ................. Filed Map No ................. Lot No ............ is returned herewith and disapproved on the following grounds . l~lt~lllt. ~t.'f.I..CLX...X~..I¥..S.R.C.T.I.O~ .... 1.00-244B PROPOSED D~ELLING I~ILL IIAIrR INSBFFICIgNT SIDE YARDS SET BACK~. ACTION REQIJIRRD. BY l'ltl~ ZONING BOAND OF APPEALS. .......... ;;'";';. ......... o, .... OFENVIROI~RNTAL CONSERVATION. 1/8o 95-20-6 (10/90)-- 25c DEC PERMIT NUMBER 1-4.738-00424/00001-0 FACILITY~PROGRAM NUMBER(s) NEW YORK STATE DEPARTMENT OF ENVIRON/vtENT~J~NsERVATION PERMIT Under the Environmental Conservation taw (ECL) EFFECTIVE DATE May 28, 1992 EXPIRATJON DATE May 31, 1995 TYPE OF PERMIT (Check All Applicable Boxes) ~"']New [~Renewal r~Modification [~]Permlt to Construct [--]Permit to Operate Article 15, Title 5: Protection of Water Article 15, Title 15: Water Supply Article 15, Title 15: Water Transport Article 15, Title 15: Long Island Wells -- Article 15, Title 27: __ Wild, Scenic and Recreational Rivers 6NYCRR 608: Water Quality Certification -- Article 17, Titles 7, 8: __ SPDES -- Article 19: __ Air Pollution Control Article 23, Title 27: · Mined Land Reclamation Article 24: · Freshwater Wetlands Article 25: · Tidal Wetlands -- Article 27, Title 7; 6NYCRR 360: __ Solid Waste Management ~ Article 27, Title 9; 6NYCRR 373: Hazardous Waste Management J-~-J Article 34: Coastal Erosion Management -- Article 36: __ Floodplain Management -- Articles 1, 3, 17, 19, 27, 37; __ 6NYCRR 380: Radiation Control -- Other: PERMITISSUEDTO TELEPHONE NUMBER Nicholas Petikas ( ) ADDRESS OF PERMITTEE 257 Stewart Ave., Bethpage, NY 11714 CONTACT PERSON FOR PERMITTED WORK NAME AND ADDRESS OF PROJECT/FACILITY A~ONb~U~'~'~, L~e TELEPHONE NUMBER jL~.~.~N~tRoad ( 519 283-6360 ~~, New Y~ I196~ LOCATION OF PROJECT/FACILITY Middle Road county TOwN/~xa~Or, CE wATERcOURsE/WETLAND nO NYTM coorDinates Suffolk Southold Long Island Sound e' __ N:4 DESCRIPTION OF AUTHORIZED ACTIVITY Construct a sin$1e family dwelling, install underground utilities, construct a retaining wall, and place 475 cubic yards of clean fill. Ail work shall be in accordance with the attached NYSDEC approved plan. By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, the General Conditions specified (See Reverse Side) and any Special Conditions included as part of this permit. Afla[:.~ Deputy ReRional l~eSU~ato~:,' PERMIT ADMINISTRATOR ADDRESS JJ~JJl~J I · J~l~- ,~r ~ .... David geRidder StOn~ ~oo~, N.Y. ZS'*rg°~zSS6 DATE ^UT.ORtZED S,C, NATURE,~,~.~ /,~ 5/28/92 Page 1 of s GENERAL CONDITIONS I~spections 1. The permitted site or facility, including relevant records, is subject to inspection at reasonable hours and intervals by an authorized representative of the Department of Environmental Conservation (the Department) to determine whether the permittee is complying with this permit and the ECL. Such representative may order the work suspended pursuant to ECL 71-0301 and SAPA 401(3). A copy of this permit, including all referenced maps, drawings and special conditions, must be available for inspection by the Department at all times at the project site. Failure to produce a copy of the permit upon request by a Department representative is a violation of this permit. Permit Changes and Renewals 2. The Department reserves the right to modify, suspend or revoke this permit when: a) the scope of the permitted activity is exceeded or a violation of any condition of the permit or provisions of the ECL and pertinent regulations is found; b) the permit was obtained by misrepresentation or failure to disclose relevant facts; c) new material information is discovered; or d) environmental conditions, relevant technology, or applicable law or regulation have materially changed since the permit was issued. 3. The permittee must submit a separate written application to the Department for renewal, modifica- tion or transfer of this permit. Such application must include any forms, fees or supplemental infor- mation the Department requires. Any renewal, modification or transfer granted by the Department must be in writing. 4. The permittee must submit a renewal application at least: a) 180 days before expiration of permits for State Pollutant Discharge Elimination System (SPDES), Hazardous Waste Management Facilities (HWMF), major Air Pollution Control (APC) and Solid Waste Management Facilities (SWMF); and b) 30 days before expiration of all other permit types. 5. Unless expressly provided for by the Department, issuance of this permit does not modify, supersede or rescind any order or determination previously issued by the Department or any of the terms, con- ditions or requirements contained in such order or determination. Other Legal Obligations of Permittee 6. The permittee has accepted expressly, by the execution of the application, the full legal responsibili- ty for all damages, direct or indirect, of whatever nature and by whomever suffered, arising out of the project described in this permit and has agreed to indemnify and save harmless the State from suits, actions, damages and costs of every name and description resulting from this project. 7. This permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work nor does it authorize the impair. ment of any rights, title, or interest in real or personal property held or vested in a person not a party to the permit. 8. The permittee is responsible for obtaining any other permits, approvals, lands, easements and rights* of-way that may be required for this project. Page 2 of ~ 95-20-6a (10~0) -- 25c ADDITIONAL GENERAL CONDITIONS FOR ARTICLES 15 (Title S), 24, 2S, 34, 9 That if future operations by the State of New York require an al- teration in'th~ position of the structure or work herein authorized, or if, in the opinion of the Department of Environmental Conservation 13 it shall' cause unreasonable obstruction to the free navigation of said waters or flood flows or endanger the health, safety or welfare of the people of the State, or cause loss or destruction of the natural resources of the State, the owner may be ordered by the Department to remove or alter the structural work, obstructions, or hazards caused 14 thereby without expense to the State, and if, upon the expiration or revocation of this permit, the structure, fill, excavation, or other 15 modification of the watercourse hereby authorized shall not be com- pleted, the owners, shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore to its former condition the navigable and flood capacity of the watercourse. No claim shall be made against the State of New York on account of any such removal or alteration. 16 10 That the State of New York shall in no case be liable for any damage or injury to the structure or work herein authorized which may be caused 17 by or result from future operations undertaken by the State for the conservation or improvement of navigation, or for other purposes, and no claim or right to compensation shall accrue from any such damage. 11 Granting of this permit does not relieve the applicant of the responsi- bility of obtaining any other permission, consent or approval from 18 the U.S. Army Corps of Engineers, U.S. Coast Guard, New York State Office of General Services or local government which may be required. 12 All necessary precautions shall be taken to preclude contamination of any wetland or waterway by suspended solids, sediments, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any 36 and 6 NYCRR Part 608 ( ) other environmentally deleterious materials associated with the project. Any material dredged in the prosecution of the work herein permitted shall be removed evenly, without leaving large refuse piles, ridges across the bed of a waterway or floodplain or deep holes that may have a tendency to cause damage to navigable channels or to the banks of a waterway. There shall be no unreasonable interference with navigation by the work herein authorized. If upon the expiration or revocation of this permit, the project hereby authorized has not been completed, the applicant shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove aH or any portion of the uncompleted structure or fill and restore the site to its former condition. No claim shall be made against the State of thew York on account of any such removal or alteration. If granted under Article 36, this permit does not signify in any way that the project will be free from flooding. If granted under 6 NYCRR Part 608, the NYS Department of Environ- mental Conservation hereby certifies that the subject proiect will not contravene effluent limitations or other limitations or standards under Sections 301,302, 303, 306 and 307 of the Clean Water Act of 1977 (PL 95-217) provided that all of the conditions listed herein are met All activities authorized by this permit must be in strict conformance with the approved plans submitted by the applicant or his agent as part of the permit application. Such approved plans were prepared by on SPECIAL CONDITIONS 1. There shall be no disturbance to vegetation or topography greater than 25' seaward of the north side of the dwelling. 2. There shall be no decks or structures constructed on the north side of the structure. 3. Sanitary system must be constructed a minimum of 2' above seasonal groundwater. 4. During construction, no wet or fresh concrete or leachate shall be allowed to escape or be discharged, nor shall washings from transit mix trucks, mixers, or other devices be allowed to enter tidal wetlands. 5. Any debris or excess material from construction of this project shall be completely removed from the adjacent area (upland) and removed to an approved upland area for disposal. debris is permitted in tidal wetlands. No 6. The storage of construction equipment and materials shall cof~fined to within the project work site and/or upland areas greater than 75 linear feet distant from the tidal wetland boundary. be DEC PERMIT NUMBER 1-4738-00424/00001-0 PROGR^M/F^C~UT¥ nUMBER Page 95-20~,f (7/87J-- 25c NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION For Article 25 SPECIAL CONDITIONS Tidal Wetlands 7. If seeding or soil stabilization is impracticable due to the time of year, a temporary mulch shall be applied and final seeding shall be performed at the earliest opportunity when weather conditions favor germination and growth, but not more than six months after project completion. 8. To protect the values of the tidal wetland, a permanent vegetated buffer zone shall be established. There shall be no disturbance to the natural vegetation or topography within an area extending 53 linear feet landward of the tidal wetland boundary. 9. Driveway and parking areas shall be constructed of pervious material. 10. Roof runoff shall be directed to drywells a minimum of 100 feet landward of the tidal wetland boundary for immediate site recharge. on- 11. Road, driveway, and/or parking areas shall be graded to direct runoff away from tidal wetlands. 12. No decks, accessory structures, or additions will be permitted without further approval of the Department. 13. Project must comply with all local and federal floodplain regulaLions. 14.All fill shall consist of "clean" gravel and soil (not asphalt, slag, flyash, broken concrete or demolition debris). Sup~,lementary Special Conditions (A) thru J) attached. DEC PERMIT NUMBER 1-4738-00424/00001-0 FACILITY ID NUMBER PROGRAM NUMBER r~a-e 4 of 5 Personal ProperO': Price: WARNING: NO REPRESENTATION IS MADE THAT THIS FORM OF CONTHACT FOR THE SALE AND PURCHASE OF REAL ESTATE COMPLIES WITH SECTION 5-?02 OF THE GENEHAL OBLIGATIONS LAW ("PLAIN ENGLISH"). CONSULT YOUR LAWYER BEFORE SIGNING IT. NOTE: FIRE AND CASUALTY LOSSES: This .contract form does not provide for what happens in the event of fire or casualty loss before the title closing. Unless different provision is made in this contract, Section 5-1311 of the General Obligations Law will apply. One part of t.h~t law makes a purchaser responsible for fire and casualty loss upon taking of title to or possession of the premises. CONTRACT OF SALE made as of the;/~ ~ day of 35 Avalon Roe~ t~den City, Iff 11530 Address: ,1~ 91 Ac/lil l~s Stach~aris 159 1~ h~le I:~az~ l~:~d 11530 C=~rd~m CA~-y, !~ 11530 Address: 257 St:e~art Ave~,le l~, 1~ 11714 hereinafter called "PURCHASER", who agrees to huy: The property, including all buildings and improvements thereon (the "PREMISES") (more fully described on a separate page marked "Schedule A") and also known as: Street Address. RI:. ~48 ~d ~:~l~lv.Le~ Avm~e, /~outhold, l~ 11971 8et:. 135, BlOCk 1, h~t 27 Tax Map Desi~nation: Together with SFJ.I.ER'S interest, if any, in streets and unpaid awards as set forth in Paragraph 9. PREMISES, unless specifically excluded below. SELLER states that they ~~ and clear of any Ben other than the EXISTING M~mited to plumbing, beating, lighting and cooking fixtU~an blinJ, s, s.h.ade~, screens, awn~..es, pu.mps,.shrubbery~ fencing, ou s?,eds, dishwashers, washing machines, clothes dryers, garbage disposal units, ranges, o . "' .... . e;r ""-d:"__~-!-~ "q,,;I"~-'It =.-.~_ '_'~-_t=!!-_ti_~_-i_-, _'nd w=!! '.= ':::!! Excluded from this sale are: Furniture and household furnishings, $90,000.00 1. a. The purchase price is ~ayable as follows: On the signing of this contract, by cheek subject to collection: $ 6,000.00 By allowance for the principal amount still unpaid on EXISTING MORTGAGE(S): $ By a Purchase Money Note and Mortgage from PURCHASER (or assigns) to SELLER: BALANCE AT CLOSING: $ 84 , 000.00 modified in ~ [aith. The ~mh~ Mone~ Note and Mort~e shall ~ drawn on the TICO~gUARANTEE CO~ANY st~ fora by the attorney for SE~ER. PURCHASER shall ~y the m~~ng t~, ~o~i~ fees and me atlomeys lees in the amounl of, ~~~[ .... / ........ ~.. c. It ~y r~ulr~d paymen~ are mede on ~~~ ~ ~d CLUING whi& ~d~c~ the u~m p~mcipal ~o~.of~n in Parag~ph 2, t~ me oamnee ox me price payav~ ~own ~ Pi~aph 2 ~i~ i~ ~URCHAS~, ii it can ~ ani~ed. In ~at ~ent PURCHASER shall ~y the amount in ~.cceptable ~Sub/ect to" 'roddons: !'itie Company 4pprovol: ~losing Definedand ~ormotDeed: Closing Date and Place: Broker: Streets and Asdgnment o! [Inpaid Av.:ards: Certificate ~o Existing Mortgage(s): Compliance s~i~h State 4nd Municipal Department Violag, ons and Orders: Omit i! tAe Property ~ Not la ~ City ol Nm York: Installment Mortgage now in the unpaid.~incipal amount of $ ~l~d i~!~~C~f~-~ per cent per t presently payable Un ink--of $ Which !nclude principal, interestS' ~ and with any balance of principal being d~ SELby.old. er .of the mort . reqmre its immediate payment in full or to change any other term thereof by reason of the fact of 3. All money payable under this contract, unless otherwise specified, shall be either: a. Cash, but not over one thousand ($1,000.00) D~llars, b. Good certified check of PURCHASER, or ot~clal check of any bank, savings bank, trust company, or savings and loan association having a banking office in the State of New York, payable to the order of SELLER, or to the order of PURCHASER and duly endorsed by PURCHASER (if an individual) to the order of SELLER in the pre,ncc of SELLER or SELLER'S attorney. c. Money other than~ ~ase price, payable to SELLER at CLOSING,( a up to the amount of r~ ~ ys~)~,bg~0check of PURCHASER ) dollars, or d. As otherwise agreed to in writing by SELLER or SELLER'S attorney. 4. The PREMISES are to be transferred subject to: a. Laws and governmental regulations that affect the use and maintenance of the PREMISES, provided that they are not violated by the buildings and improvements erected on the PREMISES. b. Consents for the erection of any structures on, under or above any streets on which the PREMISES abut. c. Encroachments of stoops, areas, cellar steps, trim and cornices, if any, upon any street or highway. ~ z~table ~e 5. SELLER shall give and PURCHASER shall accept such title as ~ COMPANY wi]] be willing to approve and insure in accordance with the standard form of title policy approved by the New York State Insurance Department, subject only to the matters provided for in this contract. 6. "CLOSING" means the settlement of the obligations of SELLER and PURCHASER to each other under this .contra,'t_ includinu the. oav. meut..of the ourchase, nrice ,to SELLER, and the delivery to PURCHASER of a /3~kY~-'n ~ICI If~l.l~ ~ w].~J'~ C~q,q~lll~8 Ig,~,5,~--.~ deed in proper statutory form for recording so as to transfer full ownership (fee simple title) to the PREMISES, free of all encumbrances except as herein stated. The deed will contain a covenant by SELLER as required by Section 13 of the Lien Law. If SELLER is a corporation, it will deliver to PURCHASER at the time of CLOSING (a) a resolution of its Board of Directors authorizing the sale and delivery of the deed, and (h) a certificate by the Secretary or Assistant Secretary of the corporation certifying such resolution and setting forth facts showing that the transfer is in conformity with the requirements of Section 909 of the Business Corporation Law. The deed in such case shall contain a recital sufficient to establish compliance with that section. 7. CLOSING will take place at the otfice of SelleF'8 8t~gl-se~ at o'clock on or G~:~,lt; Feb~ 'lSr , 19 92 8. PURCHASER hereby states that PURCHASER has not dealt with any broker in connection with this sale other than Petul J. l~ff~rnm~ l~al and SELLER agrees to pay the broker the commission earned thereby (pursuant to separate agreement). 9. This sale includes all of SELLER'S ownership and rights, if any, in any land lying in the bed of any street or highway, opened or proposed, in front of or ad]olnlng the PREMISES to the center line thereof. It also includes any right of SELLER to any unpaid award by reason of any taking by condemnation and/or for any damage to the PREMISES by reason of change of grade of any street or highway. SELLER will deliver at no additional cost to PURCHASER, at CLOSING, or thereafter, on demand, any documents which PURCHASER may require to collect the award and damages. 10. SELLER agrees to deliver to PURCHASER at CLOSING a certificate dated not more than thirty f30) days before CLOSING signed by the holder of each EXISTING MORTGAGE, in form for recording, certifying the amount of the unpaid principal and interest, date of maturity, and rate of interest. SELLER shall pay the fees for recording such certificate. If the holder of a mortgage is a bank or other institution as defined in Section 274-a, Real Property Law, it may, instead of the certificate, furnish an unqualified letter dated not more than thirty (30)  s before CLOSING containing the same information. SELLER hereby states that any EXISTING MORTGAGE not be in default at the time of CLOSING. 11. a. SELLER will comply with all notes or notices of violations of law or municipal ordinances, orders or requirements noted in or issued by any governmental department having authority as to lands, housing, buildings, fire, health and labor conditions affecting the PREMISES at the date hereof. The PREMISES shall be transferred frec of them at CLOSING and this provision shall survive CLOSING. SELLER shall furnish PURCHASER with any authorizations necessary to make the searches that could disclose these matters. RIDER TO CONTRACT FOR SALE OF PREMISES PREMISES: Route 48 and Sondview Avenue ~/LNew Y°rk DATE~: . ,1991 ...... 25. This sale is subject to any state of facts accurate survey may show provided title is not rendered unmarketable. that an thereby 26. This sale is subject to covenants, utility easements, restrictions and reservations, if any, contained in instruments of record. 27. The purchasers have examined the premises agreed to be sold and are familiar with the physical condition thereof. The sellers have not made and do not make any representations as to the physical condition or any other matter or thing affecting or related to the aforesaid property, except as herein spepi~.cally set forth, and the purchasers hereby acknowledge that n0-'§hch representations have been made, and the purchasers further ackDowledge that 'they have inspected the property and agree to take the same "as is", reasonable wear and tear excepted with no warranties as to the condition thereof. 28. This contract shall be subject to and conditioned upon the ability of the Purchasers to secure a building permit for a one family residence. Purchasers agree to pay all costs and expenses in connection with said application and further agree to mal<e prompt and deligent application for the same. ~orln ~vent said building permit is not obtained on or e ~ 15, 1992, then this contract may be cancelled by either party serving written notice to that effect upon the other party. If there is a rejection by the municipality, the purchasers agree to provide copies of all correspondence relating thereto to the seller. 29. The parties agree that if for any reason whatsoever, except seller's willful default, sellers are unable to deliver to purchasers a good and marketable title in accordance with the provisions of this Contract, and subjet to the matters set forth in this Contract, sellers shall not be required to bring any action or proceeding or otherwise incur any expense to render the title to_ the premises marketable, and if purchg~ers shall refuse the same, sellers may rese~_n~ ~hi.~tract, and upon returning to the purchasers the down payment made on the signing of this Contract and the net title company expenses for the examination of title, all further liability on the part of the sellers hereunder shall case and termidate and this Cont'ract shall become cancelled and. of no further force and effect, and the sellers shall not be liable for any other costs or damages whatsoever. 30. Anything to the contrary herein notwithstanding, the sellers shall not be required to comply with notice or notices of violation.~.of law - or municipal ordinances, orders or requirements noted in or issued by the Department of Housing and Buildings, Fire, Labor, Health or other state or municipal department hay'lng jurisdictio~ against or affecting the premises,~z~he reasonable cos~ to cure such violation shall ~ exceed ~-__'~--~. If such reasonable cost shall exceed St~~-~ and sellers elect not to cure the same, sellers~shall notify purchasers and purchasers shall have the option to take title without abatement of the 'purchase price or to rescind the Contract and obtain a refund of the down payment. 31. This Co~tract shall not be assigned without the written consent of the seller. 32. The parties agree that any notices that may be required under this Contract may be given by and to the respective attorneys herein. 33. The down payment tendered shall be held in escrow by seller's attorney until title closes or sooner termination of this Contract in accordance with its terms. 34. This Contract does not bind the sellers unless and until they have signed the same. 35. In the event of a dispute between the parties concerning the terms of this Contract, it is agreed that the down payment being held in escrow will be deposited in a court of competent jurisdiction ~o which the parties seek to resolve %heir dispute. The parties agree that seli~r~-§~'~t~t-O-r~,, ss -escrow agent herein, shall not be named a defendant in any such action and that the depositing constitute full performance of him of an.y future liability. of the escrow into court shall the escrow agent and, relieve ....... -_._'_D 8EL ER PURCHASER SECOND RIDER to contract by and between JOHN PHILLIPEDEs, HELKN MANIS and ACHILLES ~TACHTIARIS, "Sellers" and THEODORE PETIKAS and MARIA PETIKAo, "Purchasers". 1. The contract closing date recited in clause no. 7 is hereby changed to "on or about l0 days'after the purchasers have obtained the building permits". 2. Clause no. 12 is hereby reinstated. 5. Clause no. 28 is amended as follows:- "This contract shall be subject to and conditioned upon the ability of the purchasers to secure building permits for a two-story single-family dwelling of minimum dimensions 26 feet ~ ~0 feet. Purchasers agree to pay all costs and expenses in connection with said application and further agree to make promp$ and diligent application for the same.~ In the event said building permits are not obtained on or before ~ 1st, 1992, the parties agree that the purchasers shall h~the sole right and option to extend t~e time for the purchasers to obtain said building permits for a period of four (4) months provided that in the opinion of Mr. Roy Haje of EN Consultants, Inc., 1529 North Sea Road, Southampton, New York 11968, such additional time is needed. Sellers shall have the right, reports at their discretion, to demand written monthly progress of Mr. Roy Haje during said four month extension of time. SELLER - / PURCHASER - WCA-I Rider* which may be used with Standard NYBTU Form 8041, rev. 11/78 SCHEDULE A (Description of Premises) All that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being ~ at Arshamonogue, in the Town of Southold, County of Suffolk and State of New York bounded and described as follows: BEGINNING at a point on the northerly side of Middle Road (Kings Highway) where it is intersected by the easterly line of land now Running thence along said last mentioned land, north 13 degrees 57 minutes 10 seconds west, 250.00 feet to the high water mark of Long Island Sound; Thence easterly along the hi_gh water mark of Long Island Sound north 64 degrees 55 minutes~00--~cends east, 64,92 fcct'to formerly of Town of Southold; Thence along said last mentioned land, south 5 degrees 58 minutes 10 seconds east, 255.0 feet to the northerly side of Middle Road; Thence along the northerly side of Middle Road, sout~ 56 degrees 35 minutes 50 seconds west, 38 feet to the point or place of Beginning. is form is distributed, ", a convenience; by4' ~, ~';~ ~ Apportion.. ~aterMetcr Readings: Allowance lor Unpaid Taxes, Etc.: Purchase Price to Pay Encumbrances: ASidavit as to ~ludgments, Bankruptcies Etc.: Deed Transfer and Recording Lien: Seller's Inability ta Convey Limitation o! Liability: Condition of Property: Entire .4greement: Changes Must be in IPriting: Singular Also Means Plural: t.3. The follgwing are to be apnor~h~~~ clay before q IN~: .- ........ ?:.;.;;;~ an ;;n;;:_.~ ~ charges and sewer rents, on the bas~s of the fiscal period for which assessed. (~") F-.:~!, :f :ny. (.t) V:'-'!t :h:rTf-: :'_t .__y II CLOSING shall occur before a new tax rate is fixed, the apportionment of taxes shall be upon the basis of the old tax rate for the preceding period applied to the latest assessed valuation. Any errors or omissions in computing apportionments at CLOSING shall be corrected. This provision shall survive CLOSING. 14. If there be a water meter on the PREMISES, SELLER shall furnish a reading to a date not more than thirty (30) days before CLOSING date and the unfixed meter charge and sewer rent, if any, shall be apportioned on the basis of such last reading. 15. SFJJ.ER has the option to credit PURCHASER as an adjustment of the purchase price with the amount of any unpaid taxes, assessments, water charges and sewer rents, together with any interest and penalties thereon to a date not less than five(5) business days after CLOSING, provided that official bills therefor computed to said date are produced at CLOSING. 16. If there is anything else affecting the sale which'SELLER is obligated to pay and discharge at CLOSING, SELLER may use any portion of the balance of the purchase price to discharge it. As an alternative SELLER may deposit money with the title insurance company employed by PURCHASER and required by it to assure its discharge; but only if the title insurance company will insure PUR. CHASER'S title clear of the matter or insure against its enforcement out of the PREMISES. Upon request, made w~thin a reasonable time before CLOSING, the PURCHASER agrees to provide separate certified checks as requested to assist in clearing up these matters. 17. If a title examination discloses judgments, bankruptcies or other returns against persons having names the same as or similar to that of SELLER, SELLER shall deliver a satisfactory detailed affidavit at CLOSING showing that they are not against SELLER. 18. At CLOSING, SELLER shall deliver a certified check payable to the order of the appropriate State, City or County officer in the amount of any applicable transfer and/or recording tax payable by reason of the delivery or recording of the deed, together with any required tax return. PURCHASER agrees to duly complete the tax return and to cause the check(s) and the tax return to be delivered to the appropriate officer promptly after CLOSING. 19. All money paid on account of this contract, and the reasonable expenses of examination of the title to the PREMISES and of any survey and survey inspection charges are hereby made liens on the PREMISES and collectable out of the PREMISES. Such liens shall not continue after default in performance of the contract by PURCHASER. 20. If SELLER is unable to transfer title to PURCHASER in accordance with this contract, SELLER's sole liability shall he to refund all money paid on account of this contract, plus all charges made for: (i) examining the title, (ii) any appropriate additional searches made in accordance with this contract, and (iii) survey and survey inspection charges. Upon such refund and payment this contract shall be considered cancelled, and neither SELLER nor PURCHASER shall have any further rights against the other. 21. PURCHASER has inspected the buildings on the PREMISES and the personal property included in this sale and is thoroughly acquainted with their condition. PURCHASER agrees to purchase them "as is" and in their present condition subject to reasonable use, wear, tear, and natural deterioration between now and CLOSING. PURCHASER shall have the right, after reasonable notice to SELLER, to inspect them before CLOSING. 22. All prior understandings and agreements between SELLER and PURCHASER are merged in this contract. It completely expresses their full agreement. It has been entered into after full investigation, neither party relying upon any statements made by anyone else that is not set forth in this contract. 23. This contract may not be changed or cancelled except in writing. The contract shall also apply to and bind the distributecs, heirs, executors, administrators, successors and assigns of the respective parties. Each of the parties hereby authorize their attorneys to agree in writing to any changes in dates and tinm periods provided for in this contract. 24. Any singular word or term herein shall also be read as in the plural whenever the sense of tbis contract may require it. In Presence Of: OVER STATE OF 'NEW YORK, COUNTY OF ss: On the day of 19 , before me personally came to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the same. STATE OF NEW YORK, COUNTY OF ss: On the day of 19 , before me personally came to me known, who, being by me duly sworn, did depose and say that he resides at No. ; that he is the o! , the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corporation, and that he signed h name thereto by like order. STATE OF NEW YORK, COUNTY OF On the day of ~ersonally came 19 SS: , before me to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the same. STATE OF NEW YORK, COUNTY OF ss: On the day of 19 , before me personally came , to me known and known to me to be a partner in a partnership, and known to me to be the person described i~ and who executed the foregoing instrument in the partnership name, and said duly acknowledged that he executed the foregoing instrument for and on behalf of said partnership. Closing of title under the within contract is hereby adjourned to 19 , at o'clock, at ; title to be closed and all adjustments to be made as of 19 Dated, 19 For value received, the within contract and all the right, title and interest of the purchaser thereunder are hereby assigned, transferred and set over unto and said assignee hereby assumes all obligations of the purchaser thereunder. Dated, 19 Purchaser dssignee ol Purchaser Tm.E No. O ontrart oi ale TO TICOR TITLE GUARANTEE SECTION BLOCK LOT COUNTY OR TOWN STREET ADDRESS TAX BILLING ADDRESS PREMISES ~ETWEEN HORATIO DiMARIA and EUGENE BUFFALINO, 93 Elder Road, Islip, N.Y. 11751 '~ hundred and seventy-three, residing at NASSAU STEAMSHIP AGENCY, INC. a New York party ofthefirstpart, and ~R~I~XY~M~RXgBXM~T~J~M~RX~XRDR~Xgxmx~I~m~m corporation, with its principal place of business at 1001. Franklin Avenue, Garden City, N.Y. 11530, party of the second part, WI~ESSETH, that the party of the first part, in consideration of Ten Dollars and othcr valuable cm~sidcration paid by the party of the second part, does hereby grant and release unto thc' party of ~he second part, the heirs or successors and assigns of thc party of the second part forever. ALL that certain plot, piecc or parcel of land. ~i~-~b~-b~fl~m~mpr~,.~e.m~4~,~: situate, lying and being m4~ at Arshamonogue, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows:pARCEL I BEGINNING at a point on the northerly side of Middle Road (Kings Highway where it is intersected by the easterly line of land mow or formerly of 'Dubin; r~nning thence along said last mentioned lamd ~xorth~~'lO'' West 250':00 feet to the high water mark of Long Island Souffd; thence easterly~along the high water mark of Long Island Sound north 64° 55' 00 East 64.92 feet to land now or formerly of Town of Southold; thence alon said last mentioned land south 5° 58' 10" East 255.0 feet to the north- erly side of Middle Road; thence along the northerly side of Mfd~e Road south 56~ 35' 50" West 30 feet to the point or place of Beginning. ~PARCEL I%. BEGINNING at a point on the southerly side of.Middle Road, where~it is intersected by the easterly side of land now or formerly of Armstrong; running thence along the southerly side of Middle Road the following two courses and distances; 1) along an arc of curve bearing to the right with a radius of 1877.08 feet a distance of 149.55 feet; 2) North 65° 55' 50" East 91 feet to land now or formerly of Barlow and others; thence along land now or formerly of Barlow and others, South 45~ 12' 10" East 518.24 feet ~o high water mark of Arshamonogue Pond, and; thence along Arshamonogue Pond as it winds and turns to land now or formerly of Johnson, said point of intersection of the land of Johns0d with the high water mark of Arshamonogue Pond lies South 50° 18' West a distance of 196.78 feet from the point where the westerly side of lamd how or formerly of Barlow and others, intersects the high water mark of Arshamonogue Pond; thence along land now or formerly of Johnson: Bagley and Armstrong North 48° 4~' 50" West 566.77 feet to the southerll side of Middle Road at the point or place of beginning. TOGETHER. with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center hnes thereof; TOGETHER. with the appurtenances and all the estate and rights of the party of the first part iu and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party nf the second part forever. SUBJECT to $42,600 purchase money mortgage. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply thc same first to the payment of the cost of the improvement before using any part of thc total of the same for any other purpose. The word "party" shall be construed a~ if it read "parties" whenever the sensc of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: RECORDED LESTER M ALB~RTSC JUL 11 1973 Clerk of Suffolk Court' Reap Properly Tax Service Al ~ooo ' 051.01 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OFAPPEALS TOWN OFSOUTHOLD December 10, 1992 SCOTTL. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Mr. Roy L. Haje, President En-Consultants, Inc. 1329 North Sea Road Southampton, NY 11968 Re: Application of Theodore Petikas (Contract Vendee) SCTM #1000-135-1-27 (Phillipides & Others) Dear Mr. Haje: This letter will confirm communications with your office that as a result of the Town Trustees' determination rendered during late October 1992, additional information is necessary to complete the zoning variance file and advertise a public hearing, to include the following documents: a) a new, updated Notice of Disapproval from the Building Inspector which would address the need: 1) for a front yard variance in the event you are not able to meet the "average established setback" rule for structures within 300 feet of this property on the same block and same side of the street (Section 100-230A - You may need to submit a building permit application with the established setbacks of existing buildings within 300 feet on both sides of the property to their office); and 2) for each side yard, and for total sideyards; 3) if the setback of the structure is at least 100 feet from the top of the bank or bluff area of the L.I. Sound, this variance requirement would not need to be written on the new Notice of Disapproval; the setback distance between the top of the L.I. Sound bank and the closest corner of the building construction must be shown on the survey. b) preliminary action or comments from the Suffolk County Health Department concerning the location of the septic systems/pools as modified; Page 2 - Decemberl~, 1992 To: En-Consulta~s, Inc. Re: Petikas/Phillipides Appl. No. 4078 c) preliminary action, comments or waiver from the N.Y.S. Department of Environmental Conservation. The construction is proposed at land elevations less than 10 feet and within 300 feet of the sound waterway; d) copies of all covenants, utility easements, restrictions, etc. concerning Parcel Nos. I and II which are described by single deed at Liber 7438 page 129; e) a variance search was furnished to the Building Department which does not provide copies of the deeds referenced therein and which does not include the deed conveying two tracts of land by deed at Liber 7438 page 129 to the immediate previous owner - please submit a corrected single-and-separate search together with copies of the deeds (and restrictions) referenced therein. f) appeal application, as amended, to show the request j~front yard setback, if deemed necessary by the Building Inspector as mentioned in paragraph (a) above; for g) neighbor notification forms, as amended, with updated ~Affidavit of Mailings and certified mail receipts as postmarked by the Post Office at the time of mailing - please be sure to send certified notice to both adjoining property owners, {including the Town}; h) seven (7) prints of a sketch showing all adjoining structures within 50 feet of the subject property, and with drainage basin location and areas of excavation and/or other building activities which will be disturbed during construction. Please submit the above as early as possible. Upon receipt, the file will be deemed complete and scheduled for a public hearing. Very truly yours,- CC: Building Department (Attn: V. Lessard) GERARD P. GOEHRINGER CHAIRMAN HARVEY A. ARNOFF Town Attorney MA'FI'HEW G. KIERNAN Assistant Town Attorney OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 MEMORANDUM TO: John M. Bredemeyer, III, President, Board of Town Trustees Gerard P. Goehringer, Chairman, Zoning Bqard of Appeals FROM: Harvey A. Arnoff, Town Attorney~ DATE: Theodore Pebkas had requested an informal meeting with me o~'B~ 28, !992. Since I did not know what this meeting was about, I did not contact either Of you. However, after that meeting I am somewhat confused as to precisely what Mr. Petikas's problem is [as is he}. He has advised me that he is the contract vendee on certain property immediately to the west of Town beach and is intending to build a single family dwelling on this "undersized" piece. He advises that he made application for a variance to the Zoning Board of Appeals at or about the same time that this municipality was enacting our Coastal Erosion Management Act. Therefore land quite properly) the Zoning Board lhe advises) did not act but rather referred him to the Trustees. He claims to have made prompt application to the Trustees and has attempted through his consultant. Roy Hair. to comply with the various Board's requests. In fact. he advises that he has already secured DEC approval for the construction of a single family dwelling on the premises. What is troubling to me is he has shown me a survey which shows thereupon a proposed house as well as a potential relocation site for the house, which he claims to have prepared pursuant to the request of the Trustees. To say that Mr. Petikas is confused would be a vast understatement. My suggestion is that perhaps representatives from your Boards can meet with me, absent the applicant, to discuss how this matter can be handled as expeditiously as possible, since Mr. Petikas seems more than willing to comply with whatever requests the Boards are making in order to facilitate and expedite this matter. I shall await your response. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTI' L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 August 20, 1992 To: From: Re: ZBA (Serge, Jim, and Bob) Jerr~~ Potential Relocation of new house - Petikas Site Location: W/s Town Beach at Arshamomaque Frontage along L.I. Sound and North (Middle) Road Attached is a copy of the most recent map showing a potential relocation of a new house proposal. This project is also presently before the Southold Town Trustees, and will be subject to D.E.C. and County Health approvals to relocate the expansion pools and house. This project is on file with the ZBA and will require minor amendments to including the following ZBA considerations: (a) front yard variance (b) side yard variance (c) setback from L.I. Sound from current ordinary h.w.m. (d) there is also some concern as to whether or not this substandard parcel was created under zoning since it was conveyed during 1973 and previously by single deed (with the parcel on the s/s of C.R. 48 now of East Wind Condo's). Please provide me with your comments or concerns in this preliminary submission in order that Linda may forward some response in writing to the applicant and/or Town Trustees, if possible by September 7th. Thank you. THISINDENTURE, ~ dayof June BETWEEN HORATIO DiMARIA and EUGENE BUFFALINO, 93 Elder Road, Islip, N.Y. 11751 hundred and seventy-three, residing at NASSAU STEAMSHIP AGENCY, INC. a New York party ofthefirstpart, and ~DI~I~I~iI~TRI~XF~T]Ii~i~X~X~DRP~XSx~xD~axm corporation, with its principal place of business at 1001. Franklin Avenue, Garden City, N.Y. 11530, party of the second part, WIT~ESSETH, that the part), of the first part, in consideration of Ten Dollars and nthcr valuable cnnsideratinn paid by the party of the second part, does hereby grant and release unto thc' party of Iht second part, thc heirs or successors and assigns of the party of the second part forevcr. ALL that certain plot, piece or parcel of land. wi.~-h-~-I:~a~md~mpr, vom~4M'*.*~.~, situ;,tc, lyingandbeing m4~ at Arshamonogue, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows:pARCEL I BEGINNING at a point on the northerly side of Middle Road (Kings Highway where it is intersected by the easterly line of land now or formerly of Dubin;.r~nning ~thence-~long said last mentioned land-north i3~ 57~10'' West 250;00 feet to the high water mark of Long Island Sound; thence easterly~along the high water mark of Long Island Sound north 64° 55' 00 East 64.92 feet to land now or formerly of Town of Southold; thence alon said last mentioned land south 5~ 58' t0" East 255.0 feet to the north- erly side of Middle Road; thence along the northerly side of Mfd~le Road south 56" 35' 50" West 30 feet to the point or place of Beginning. -PARCEL II. BEGINNING at a point on the southerly side of.Middle Road, where'it is intersected by the easterly side of land now or formerly of Armstrong; running thence along the southerly side of Middle Road the following two courses and distances; 1) along an arc of curve bearing to the right with a radius of 1877.08 feet a distance of 149.55 feet; 2) North 65° 55' 50" East 91 feet to land now or formerly of Barlow and others; thence along land now or formerly of Barlow and others, South 45° 12' 10" East 518.24 feet ~o high water mark of Arshamonogue Pond, and; thence along Arshamonogue Pond as it winds and turns to land now or'formerly of 3ohnson, said point of intersection of the land of 3ohns0J with the high water mark of Arshamonogue Pond lies South 50° 18' West adistance of 196.78 feet from the point where the westerly side of lah~ how or formerly of Barlow and others, intersects the high water mark of!Arshamonogue Pond; thence along land now or formerly of Johnson: Bagley and Armstrong North 48° 4~' 50" West 566.77 feet to the southerl5 side of hiddle Road at the point or place of beginning. TOGETHER. with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center hnes thereof; TOGETHEK with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. SUBJECT to $42,600 purchase money mortgage. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except ~s aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "'party" shall be construed ag if it read "parties" whenever the sense of this mdenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: Horatio DiMaria ~;ugene But:t'al}no -' ' LESTER M. ALB~RTSCN D E D JUL 11 19~3 Clerk of Suffo;k County U, JN~-UHM 1'0 THE STAND, ARD~. SUFFOLK CO DEPT OF HEAL]:H {si _ APPLICANT SUFFOLK COUNTY DEPT. OF SERVICES -- FOR APPRO~, CONSTRUCTION ONLY DATE: H. S. REF. NO.: APPROVED: SUFFOLK CO. TAX MAP DESIGN DIST. SECT. RL( ,'O ,_'~ z~ OWNERS ADDRESS: ;' ,": ,'.. DEED: L TEST HOLE STAMP SEAL "1 UJoi~h M. Bredemeyer, III, President bert J. Krupski, Jr., Vice President Henry P. Smith John B. Tuthill William G. Albenson Telephone (516) 765-1892 Fax (516) 765-1823 April 9, 1992 En-Consultants 1329 North Sea Road Southampton, NY 11968 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SUPERVISOR SCOTT L. HARRIS Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 RE: Thedore Petikas SCTM #1000-135-1-27 Dear Mr. Haje: As the proposed application for Theodore Petikas to construct a home under the provisions of the Southold Town Coastal Erosion Ordinance involves a prohibited activity within the building Hazard Area, the applicant will be required to submit the $250.00 variance application fee attendant with a request for such relief. Please submit the additional $150.00 towards the variance application as soon as possible. Upon receipt of this fee, we will notify you of the necessary neighbor notification procedures for this application. The applicant will not require a Town Wetland permit for the application as submitted but should proceed to the Buildin~ Department and Zoning Board of Appeals for a determination as to the need for other approvals. ruly yours, John M. Bredemeyer, III President, Board of Trustees JMB:jmt cc: Building Department (Enc.) Zoning Board of Appeals (Enc.) RODERICK VAN TUYL. P.C. LICENSED LAND RS GREENPORT NEW YORK SUFFOLK CO HEALTH D~'T APPROVAL H S NO STATEMENT OF INTENT THE WATER SUPq~LY AND SEWAGE DISPOSAL SYSTEMS FOR THIS RESIDENCE WILL CONFORM TO THE STANDARDS OF THE SUFFOLK CO DEPT OF HEALTH SERVICES. (Si , APffLICANT SUFFOLK COUNTY SERVICES -- FOR CONSTRUCTION ONLY DATE: H. S. REF. NO.: APPROVED: DEPT. OF HEALTH APPROVAL SUFFOLK CO. TAX MAP DESIGNATION: DIST. SECT. BLOCK PCL. OWNERS ADDRESE: 7_. ..~'I S T '~ ~',% lec'l' ~q'v'6=°. DEED: L. '/'4./8 p. /~.~ ~'~-~.) STAMP SEAL L TRUSTEES John M. Bredemeyer, III, President Henry P. Smith, Vice President Albert J. Krupski, Jr. John L. Bednoski, Jr. John B. Tuthill Telephone (516) 765-1892 Fax (516) 765-1823 January 23, 1992 Roy Haje En-Consultants 1329 North Sea Road Southampton, NY 11968 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SUPERVISOR SCOTT L. HARRIS Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 RE: Theodore Petikas SCTM 91000-135-1-27 Dear Mr. Haje: As per our recent phone conversation on a or about January 14, 1992 and with respect to your inquiry 0n the above referenced property and the Trustees jurisdiction under Chapter 37 (Coastal Erosion) of the Town Law, I can offer the following: I. Fees/Application: The current fee schedule before the Town Board for consideration will, if adopted, require the applicant to submit a $250.00 variance application and possibly at least two $50.00 fees~ associated with inspections and relocation agreements should a permit be granted. Presently we have not generated our application forms for the law but anticipate having them ready by February 28, 1992. II. Processing: A. SEQRA coordination and determination will be required. This phase will take at least two months after we have determined the application is complete. Since most applications will involve a NYSDEC Article 25 permit; we may coordinate our reviews with the NYSDEC. This will likely require more time. B. As a variance application, the Board may reserve the right to consult an engineer with respect to this or other projects and charge back the fees to the applicant as per SEQRA. To date we have not advertised or interviewed for our consulting engineer. This may create an additional time lag in implementing this law or reviewing this permit. C. As a variance application, the Board may wish to require notification of adjoining neighbors. This may take a month or mere to verify. D. As a variance application, we will likely conduct a public hearing on such a proposal. E. The Boards determination and any possible relocation agreement may take yet additional time. F. Unforeseen conditions in administering a new and potentially controversial code may arise and require more time. Consequently, under even most favorable conditions, I can not foresee this Board processing an approval/denial on a project of this scope in less than five months. Emergency repairs to existing structures may be considered on a case by case basis provided we are in possession of a D.E.C. permit for the activity. These requests will be entertained when property loss is a serious risk. Such requests, if granted by Board resolution without an application, will require all paperWork to follow as soon as practical thereafter. Very truly yours, John M. Bredemeyer, III President, Board of Trustees JMB:jmt cc: William Southard, Town Board Bldg. Dept. Bay Constable NYSDEC APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. James Dinizio, Jr. Robert A. Villa Southold Town Board of Appeals rvIAIN RDAD- STATE RDAD 25 Sr'IUTHOLD, L.I., N.Y. llg?l TELEPHONE (516) 765-1809 January lO, 1992 En-Consultants, Inc. 1329 North Sea Road Southampton, NY 11968 ATTN: Roy L. Haje Re: Application # 4078 - Theodore Petikas y~Dear Mr. Haje: ~'~ This letter will confirm that the above file has been deemed incomplete pending receipt ~,l/q~ of the original neighbor notice, affidavit of mailing, original Postal certified mail ~ ~ /~receipts and the ZBA Questionnaire.~ Also, it is our understanding that you are proceeding, at this time, with an application before the Southold Town Trustees under Chapter 97. Once we have received a copy of the Town Trustees action, we will be in a position to calendar the variance application for a public hearing. Please keep us advised. Very truly yours, . GPG:lam Gerard P. Goehringer, Chairma~~ PUBLIC HEARING BOARD OF ZONING APPEALS TOWN OF SOUTHOLD MARCH 18, 1993 (7:30 p.m. P r e s e n t : HON. GERARD F. JAMES DINIZIO, SERGE DOYEN ROBERT A. VILLA GOEHRINGER, Chairman JR. RICHARD C. WILTON Hearing) LINDA KOWALSKI, Secretary-Clerk to Board ZBA Hearings 13 March 18, 1993 APPLICATION NO. 4078 - JOHN PHILLIPIDES & OTHERS (Owners) by Theodore Petikas (Contract Vendee) for Variances to the Zoning Ordinance, Article XXIV, Section 100-244B for permission to locate new dwelling structure with side yards at less than the required 10 feet and less than the required total sideyards at 25 feet. Location of Property: North side of Soundview Avenue, Southold, NY; County Tax Map Parcel ID No. 1000-135-1-27. This parcel is located in the R-40 Low-Residential Zone District is nonconforming as to total lot area at 11,000+- Sq. ft. 7:55 p.m. (The Chairman opened the hearing and read the Legal Notice and application for the record.) THE CHAIRMAN: I have.copy of a survey by Robert VanTuyl dated October 25, 1991, with about ten amendments on it; the most recent amendment was January 8, 1993. The nature of this application is side yards, and I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Is there somebody who would like to be heard on this application? Appearance: MR. HAJE: Good evening. EN-Consultants, 1329 North Sea Rd., Roy Haje, EN-Consultants,Inc., North Sea Rd., Southampton, NY, for the Applicant My name is Roy Haje, Southampton, NY, on behalf of Mr. Petikas, who is the contract-vendee. The parcel consists of 11,000 Square feet. It is located on the north side of CR ZBA Hearings 14 March 18, 1993 48, Arshamomaqueo It is bounded on the north by Long Island Sound, on the east by a Town park, on the south by CR 48, and on the west by an improved residential parcel now or formerly Dugan. It is and has been in single and separate ownership since prior to Town zoning. The shape of the lot is irregular and pie-shape with the narrow end near the road. As it is located on Long Island Sound, both the New York State Department of Environmental Conservation has jurisdiction under the Tidal Wetlands Act and the Southold Town Board of Trustees has jurisdiction under the Coastal Erosion Statute. In order to comply with the requirements of the DEC and the Trustees, it was necessary to locate the proposed house near the road to maximize the distance from the water. This and the irregular shape combined to create the need for seeking variance from the side yard, the total side yard requirements. As shown on the site plan of Van Tuyl last revised January 8, 1993, the proposed 30-foot by 26-foot house will be 5 feet off each property line. The applicant contends that the request for variance is reasonable and necessary. The size of the house requested is not excessive. It will be a two-story structure on pilings, with an area of 780 square feet per floor. Any further reduction would result in a dwelling of limited use to my clients and limited value for resale in the future. (Noise on tape drowns out a few words) side lines will result in no hardship to the abutting properties, certainly to the east, the parking lot and boat ramp are located on the Town property, and ZBA Hearings 15 March 18, 1993 this will be no diminution in value or intrusion. To the west, the existing house lies some 65 feet west of the mutual property line. The proposed house will not be close to the existing one. The project will be in keeping with the character of the neighborhood, in that it will be a one-family dwelling with front yard setback of 48 feet and complies with the average of other homes --there are two within' 300 feet-- that average is 44 feet. If the variance were denied and other regulations remain in effect, the property would-be worth is valueless. This would be a significant financial hardship, as the property is valued at approximately $90,000. For these reasons we request the relief in our application. THE CHAIRMAN: Can you tell me how we arrived at this present position that you are replacing this proposed house? MR. HAJE: Yes, it was as the result of requests --combined requests-- separate requests-- from the New York State DEC and a further request by the Southold Trustees to push the house even closer to CR 48 than the DEC had wanted us. If you will notice the indication of the low bank on the survey, the structure is now 100 feet back from that in a complying location. The Trustees felt that this was a necessary location to satisfy their concerns about the potential for erosion and flooding, and so forth. THE CHAIRMAN: Is there any letter you have from them? Because I just didn't see anything. ZBA Hearings 16 March 18, 1993 MR. HAJE: They have approved the project, and there should be a copy of the permit in their file or at least-- THE CLERK (interposing): When was that done? How recent? A week or two? Because we have an old approval for a different location, from the Trustees. MR. HAJE: Yes, I spoke to them perhaps a month ago, and they said that they would bring up to you. I haven't received my final copy either. THE CHAIRMAN: You can just get us one, and we would appreciate that if you would, okay? MR. HAJE: Yes, I will do that. THE CHAIRMAN: Secondly, the DEC has asked for a position about 100 feet from the bay? MR. HAJE: They would have allowed it to go closer to the Sound, because their regulation is 75 feet from high water, so they would have allowed it; but, again, the Trustees would not have allowed lt. And we have DEC approval, I believe. THE CHAIRMAN: Okay, so we are dealing with a house that is 26 by 30, and it is going to be two-story. The pilings are going to be driven how deep? Just a guesstimate. MR. HAJE: The pilings into the ground? THE CHAIRMAN: Yes. How far will your elevation be above grade? MR. HAJE: Well, the first-floor elevation is proposed to be eleven. THE CHAIRMAN: Okay. ZBA Hearings 17 March 18, 1993 MR. HAJE (continuing): --in order to meet flood-plain regs. We have existing contours, let's see-- between six and five in that area, so say maybe 6 feet above. THE CHAIRMAN: What about the actual elevation of the house? Of course it is going to be two-story because it is a fairly small footprint. MR. HAJE: Yes. THE CHAIRMAN: Is it going to be any more than two-story? MR. HAJE: No, it would comply with the regulation which I believe is 35 feet. THE. CHAIRMAN: From grade, or from first-floor elevation? MR. HAJE: How does the regulation read? How is it calculated? THE CHAIRMAN: That is an interesting point --when we discussed the federal-- THE CLERK ('interposing): From grade, THE CHAIRMAN: So if we were talking, MR. HAJE (continuing): Six feet to the first floor --35 maximum elevation is in the ordinance? THE CHAIRMAN: Yes. MR. HAJE: Yes, we comply with that. THE CHAIRMAN: Then all you are really looking for us then is the side yard? MR. HAJE: And total sides. it is from grade. you know, -- ZBA Hearings 18 March 18, 1993 THE CHAIRMAN: Turning this around, on the Town Beach side we will refer to it-- what is the actual side yard over there that you are asking for? I know it is five on the west side. MR. HAJE: The minimum on the east side is five, and that is at the southeastern corner. THE CHAIRMAN: Where it says laterkal, okay. MR. HAJE: It tapers out to, maybe eight-- at the northeast corner. MEMBER VILLA: My survey shows four and a half feet. MR. HAJE: Sorry, I see you are right, yes. I had scaled it to five, but he has scaled it to four and a half. THE CHAIRMAN: While you are up there, Bob, do you have any questions of Roy Haje? MEMBER VILLA: I have two concerns: One, have you got Health Department approval on this yet? MR. HAJE: Yes, that is pending. MEMBER VILLA: Because I doubt whether they are going to allow a septic system right up against the retaining wall. MR. HAJE: Van Tuyl is now trying to relocate them so that they are five feet off. They didn't want to take any action until we got all the other approvals, including the Town's. MEMBER VILLA: culvert there? concrete wall, What is going to happen with the I see a note that says supposed to have a on the end of this culvert. But the culvert is ZBA Hearings 19 March 18, 1993 there because going to go? MR. used without it is used as drainage. Where is the drainage HAJE: It is used as drainage. It is, in fact, the consent of the owner, for drainage. It is the responsibility of the owner to relocate that at his expense, and we have gotten a letter which I believe is also in your file, to the effect that the Department of Public Works has reviewed that proposal and found it to be satisfactory so that will be relocated. That was a concern of the Health Department which now should be satisfied. THE CHAIRMAN: Of course we have Town water here, so-- MEMBER VILLA: Yeah, but lots of times they put a pervious pipe to drain off -- that close to the leaching pools, you are going to start picking up the leach. THE CHAIRMAN: And fill them up. MEMBER VILLA: Where does it go? MR. HAJE: That is one of the reasons why we have to move it. The other is that we don't want this drainage going right to the middle of the lot. THE CHAIRMAN: Well, this is passive drainage at the time? There are no septic pools that this is going into? Or no storm drains that this is going into? MR. HAJE: This is strictly road runoff. THE CHAIRMAN: Just passive, running right out onto the property? ZBA Hearings 20 March 18, 1993 MR. HAJE: Yes. There is no --at the present time there are no leaching pools to capture any water. THE CHAIRMAN: Okay. MEMBER WILTON: Do you know what the distance is from the Dugan house to their easterly border? MR. HAJE: Sixty-five feet. MEMBER WILTON: It is 65 feet from the edge of the Dugan (phonetic) house to the easterly boundary? MR. HAJE: Yes, relying on the survey which I assume is correct -- I scaled it to be 65 feet. MEMBER WILTON: I looked at it today and it looked to be about five feet. MR. HAJE: Five feet from the Dugan (phonetic) house? MEMBER VILLA: Basically, yes. MR. HAJE: To the property line? MEMBER WILTON: Yes, it looked very close to where I imagine the property line to be. Could you check that for us, Roy, and then MR. HAJE: get back to us? MR. HAJE: I certainly will get back. MEMBER WILTON: It looked to me like if the house is built where it is proposed, there would be ap0proximately 8 to 10 feet between the two houses, because where you are relocating the house, that is right in a hollow now, isn't it? On the property? MR. HAJE: It is a low spot there. ZBA Hearings 21 March 18, 1993 MEMBER WILTON: You see, I am taking Van Tuyl's adjacent. That looks to be out of scale. It is not really representative of what is there. THE CHAIRMAN: So you are going to get us a copy of what the Trustees, the Trustees' approval, and you will check this other thing out, and then we will, you know, deliberate in about two weeks on this, assuming we get everything; and, hopefully, we will get it taken care of then, if that is all right with you. MR. HAJE: Yes. THE CHAIRMAN: Thanks so much for coming over. MR. HAJE: Thank you. THE CHAIRMAN: Is there anybody else who would like to speak in favor of this application? (There was no response.) THE CHAIRMAN: Anybody who would like to speak against it? Questions from Board members? (There was no response.) THE CHAIRMAN: No further questions. I make a motion closing the hearing, reserving decision until later. (Seconded and carried; see Clerk's minutes.) / IANOTICE OF PUBLIC HEARINGS NY; County Tax Map Parcel NOTICE 1S HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold. that the following public hearings will be held b the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURS- DAY, MARCH 18, 1993, com- mencing at the times specified below: 1.7:30 p.m. Appl. No. 4158- STEVE DONADIC for a Variance to the Zoning Or- dinance, Article IIIA, Section 100-30A.3 for permission to construct dining room addi- tion with a reduced side yard setback at less than the re- quired ten (10) feet. Location of Property: 200 Willow Point Road, at Arshamomaque, Southold, NY; Willow Point Subdivision Lot No. 28; Coun- ty Tax Map Parcel ID No. 1000-56-5-32. 2. 7:35 p.m. Appl. No 4149- Application of DEPOT ENTERPRISES, INC., for a Variance to the Zoning Or- dinance, Article VII, Section 100-7lC (which refers to 100-31C-4, 100-33) of the residential accessory use pro- visions), for permission to establish and locate accessory outdoor recreational area with outdoor lighting incidental tO the main use of the premises. Location of Property: 320 Depot Lane, and 29325 Main Road, Cutchogue, NY; _Coun- ty Tax Map Parcel ID No. 1000-102-2-12.1. ~ubject premises is zoned Residential- Office (RO) and contaihs a total lot area of 1.6_+ acres. 3.7:40 p.m. Appl. No. 4078- JOHN PHILLIPIDES & OTHERS (Owners) by THEODORE PETIKAS (Contract Vendee) for Variances to the Zoning Or- dinance, Article XXIV, Sec- tion 100-244B for permission to locate new dwelling struc- ture with side yards' at less than the required 10 ft. and less than the required total sideyards at 25 feet. Location of Property: North Side of Soundview Avenue, Southold, ID No. 1000-135-1-27. This parcel is located in the R-40 Low-Residential Zone District is nonconforming as to total lot area at 11,000 + sq. ft. 4. 7:50 p.m. Appl. No. 4143- Application of GEORGE AND ANGELIKI SPANOS for a Variance to the Zoning Ordinance, Article XXIV, Sec- tion 100-241(G) for permission to reinstate gasoline sales which is nonconfirming in the current zone district, R-40 Low-Residential. The subject premises is a corner lot as defined by Section 100-13 of the Zoning Code and contains a total lot area of 21,525 ± sq. ft. This parcel is more par- ticularly identified on the Sug folk County Tax Maps as District 1000, Section 34, Block 3, LOt 22, and is refer- red to as 330 Main Street, Greenport, NY. ' The Board of Appeals will at said time and place hear any and all persons or represen- tatives desiring to be heard in the above matters. Written comments may also be sub- mitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated above. If you wish to review the files or need to request more informa- tion, please call 765-1809 or visit our office. Dated: March 3, 1993 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By: Linda Kowalski IX-3/11/93(,4) COUNTY OF SUFFOLK ss: STATEOF NEW YORK Patricia Wood,' being duly sworn, says that stye Editor, of~ THE LONG ISLAND TRAVELER-WATCHh3AH, a public newspaper printed at Southold, in Suffolk CountT: and that the notice of which the,annexed is a printed cop.. has been published io said I.ong Islaod 'l'r;welcr-Watchm,]~ o11c~2 eilch week fo~ . ...... ' ............... ~/~ . successively, commencing on Lhe ........... ~. Sworn to I)eJ'(}le mc this /? d.~) , ' Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, State of Jlew York No. 480~46 Qualified in Suffolk County Commission Expires APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF PUBLIC HEARINGS SCOTTL. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, that the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS, at the $outhold Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAYt MARCH 18, 1993 commencing at the times specified below: 1. 7:30 p.m. Appl. No. 4158 - STEVE DONADIC for a Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 for permission to construct dinin~ room addition with a reduced side yard setback at less than the required ten (10) feet. Location of Property: 200 Willow Point Road, at Arshamomaque, Southold, NY; Willow Point Subdivision Lot No. 28; County Tax Map Parcel ID No. 1000-56-5-32. 2. 7:35 p.m. Appl. No. 4149 - Application of DEPOT ENTERPRISESr INC. for a Variance .to the Zoning Ordinance, Article VII, Section 100-71C (which refers to 100-31C-4, 100-33) of the residential accessory use provisions), for permission to establish and locate accessory outdoor recreational area with outdoor lighting incidental to the main use of the premises. ~age 2 - Notice Hearings Southold Town Board of Appeals Regular Meeting of March 18, 1993 Location of Property: 320 Depot Lane, and Cutchogue, NY; County Tax Map Parcel ID No. Subject premises is zoned Residential-Office total lot area of 1.6+- acres. 3. 7:40 p.m. Appl. No. 4078 -'JOHN PHILLIPIDES & OTHERS IOwners) by THEODORE PETIKAS (Contract Vendee) for Variances to the Zoning Ordinance, Article XXIV, Section 100-244B for permission to locate new dwelling structure with side yards at less than the required 10 ft. and less than the required total sideyards at 25 feet. Location of Property: North Side of Soundview Avenue, Southold, NY; County Tax Map P~rcel ID No. 1000-135-1-27. This parcel is located in the R-40 Low-Residential Zone District is nonconforming as to total lot area at 11,000+- sq. ft. 4. 7:50 p.m. Appl. No. 4143 - Application of GEORGE AND ANGELIKI SPANOS for a Variance to the Zoning Ordinance, Article XXIV, Section 100-241(G) for permission to reinstate gasoline sales which is nonconforming in the current zone district, R-40 Low-Residential. The subject premises is a corner lot as defined by Section 100-13 of the Zoning Code and contains a total lot area of 21,525+- sq. ft. This parcel is more particularly identified on the Suffolk County Tax Maps as District1000, Section 34, Block 3, Lot 22, and is referred to as 330 Main Street, Greenport, NY. 29325 Main Road, 1000-102-2-12.1. (RO) and contains a ~age 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of March 18, 1993 The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated above. If you wish to review the files or need to request more information, please call 765-1809 or visit our office. Dated: March 3, 1993. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER. CHAIRMAN By Linda Kowalski x APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Copies of Legal Notice for March 18, 1993 hearings to: Mr. and Mrs. Steve Donadic 189-25 45 Drive Flushing, NY 11358 Depot Enterprises, Inc. 29325 Main Road Cutchogue, NY 11935 Mr. Roy Haje, President En-Consultants, Inc. 1329 North Sea Road Southampton, NY 11968 Charles R. Cuddy, Esq. 180 Old Country Road Riverhead, NY 11901-1547 (Re: Philipides/Petikas) (Re: Spanos) L.I. Traveler-Watchman, Inc. (official town newspaper) ZBA Members with copies of file Posted on Town Hall Bulletin Board in Lobby 3/3/93 Town Attorney's Office 3/3/93 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 ScoTr L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD January 23, S,E.Q.R.A. TYPE II ACTION DECLARATION 1992 Appeal No. 4078 Project/Applicants: Theodore Petikas County TaX Map No. 1000- 135-1-27 Location of Project: 52755 County Road 48, Southold, NY Relief Requested/Jurisdiction Before This Board in this Project: Approval from side yard setback and variance from bluff to retaining wall setback This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law ~44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted; however, Section 617.13 of 6 NYCRR Part 616, and Section 8-0113 of the Environmental Conservation Law, this variance application falls under the Type II classification as established by law. Further, this Department may not be an involved agency under SEQRA {Section 617.13(a) as amended February 14, 1990). Although this action is classified as Type II for this variance application under SEQRA {specifically 617.13, 616.3tj), and 617.2(jj)), this determination shall have no affect upon any other agency's interest or SEQRA determination as an involved agency. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. Original posted on Town Clerk Bulletin Board, Town Hall Copies to applicant or his agent and individual board members. Copy placed in ZBA project file for record purposes. RECEIVE~ ' JAN 0 G 1997. so,,, o a Jo,T..,%WcYor?; ou'r. oL,:,. ,,,EW APPEAL FROM DECISION OF BUILDING iNSPECTOR DATE .............................. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1329 Nqr.t..h. $..~.~ ~Q.~.~ ........................... 1. (We) .~r..C. QD.~gltD-q~-S.,...I~C .................. of ....................... Name of Appellant Street and Number .... ~,.o.~,,~.,~.,.a~p.~g..~. ........... . .......................N..ew ¥..o.~.~. HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO .............. ~.i..~ ................ DATED ..... ~,.2~J.,~.J.,,q.], ................................ WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (x) Theodore Petikas ............... Name of Applicant for permit of .. Ave. Bethpage New York 257 Stewart ........................................................................... .................................... Municipality State Street and Number PERMIT TO USE pERMIT FOR OCCUPANCY Building Permit 1. LOCATION OF THE PROPERTY 52755 County Road 48, Southold, R-40 Street /Hamlet / Use District on Zoning Mop 1000 Secti0n135B10ck 1 Lot 27 John Phillipedes, et al n~en~c ^DJ stri ct ....................................................... ............... Map No. ;[~k~K~r WheodoJc Petikas 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Article XXZV Section 3, ~PE OF APPEALAppes~ ~s mode he~e~,~h {or (please check appropriate box) (X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance .. and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ) A Variance to Section 280A Subsection 3 X) A Variance to the Zoning Ordinance ) ,s requested for the reason tha~ "Wedge" shape of parcel, plus required setbacks from bank facing.Long Island Sound, make it impossible to satisfy side yard requirements. Retaining wall is needed to surround sanitary system to attain sufficient depth to groundwater. Form zBI .(Continue on other side) REASON FOR APPEAL. Cont,nued ! STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHiP because Required side yards would mandate a house whose width would only be 10±'. House cannot be moved further north since sanitary system must be placed in this location due to the area requirement of SCDH and DEC. Strict application would render the parcel unbuildable. 2. The hardshipcreatedis UNIQUE and isnotshared by all properties alike in the immediate vicinity of this property and in this use district because most other parcels have been developed or are of sufficient size and configuration that this situation would not apply. 3. The Variance would observe the spirit ofthe Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because house would be adjacent to parking lot of a Town beach on the east side. On the west, the house is 58±' west of the property line as the lot is considerably larger. The proposed one-family dwelling would conform to the style and characteristics of the surroundings. COUNTY OF Signa , e D. ................. Sworn to this ............... ~-- .................... day (~ Notary u ic . ~ L. D'ANTONIO IIMii~ I~ ~ New York ~{OAR[') OF aPPEALS, TOWN OF c;OIJTHOi_O In the Mai[er o, the Petition of Theodore Petika~ tn the Board of Appeals nf the Tnwn nf C, nu[hnld TO: V.I.P. Inns~ Ltd. c/o Nicholas W. ippolito 36 Gehrig St. Commack, NY 11725 NOTICE TO ADJACE:IT PROPERTY O?~ER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the iniention of the undersigned to petition the Board ~f Appeals of the Town of 5outhnld to requesta~(Speci,d Exception) (Special Permit) (Other) [circle choiceJ 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: North side of Middle Roq~t? SCTM #1000-135-1-27 3. That the property which is the subject of such Petition is located in the following zonin~ district: R-40 4 Thath~suchPetitiun. theundersigned willrequestthefollowingreli'ef: Variance from side yard setback required, Variance from bluff to retaining wall setback required. 5. Thai Ihe provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signedare Article XXIV Sec',ion, ]~n-~AR ~ Ar~]~ ~TTT. ~:~r-~-~n lnn;9~9.4 [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. Thai wilhin five days from Ibc date hereof, a written Petition requesting the relief specified above will be filed in the Sou[hold Town Clerk's Office at Main Road. Sou[hold, New York and you ma), then and there examine lhe same during regular office hours. (516) 765-1809. 7. That before ~he 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 ~he Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Sou[hold 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: December 18/ 1991 Post Office Address 1329 Nnrth! ,qRa Rnad 257 Steward Ave. Southampton, NY llg~a., ,_.~)ethpage, NY 11714 (516) 283-6360 ~*w~,:.,~, 3.';.~--'- (516 " ~.~0. ) 731-2241 Petitioner 0wners'Names: ~'heodore Petikas [Copy of sketch purposes.] or plan showing proposal to be attached for convenience V.I.P. Inns.Ltd. PROOF AF M~II.IHG (3F Nt~TICE c/o Nicholas W. Ippolito 36 Gehrig St. Comznack, NY 11725 for a~ditional services~ items 3, and 4a & b. ddress on the reverse of this'form so this card tG~l~ the front~he mailpiece; or on the on the mailpiece next to sed to: 4a. Article Number Inns, Ltd. P qn(] 533 435 W. Ippolito 4b. Service Type St. [] Registered) ~, [] Insured , NY 11725 [~Certified'"3 [] COD I also wish to receive the following services (for an extra fee): 1. [] Addressee's Address 2. [] Restricted Delivery Consult postmaster for fee. [] Express Mail ~ Return Receipt for i ~ ! 7. Date of livery Merchandise r!'~'gnatur, IAddreseee) ~ 8. AeJd~sL~s~Address (On,y if requested il and fee is paid) I .......... ~ __ --- "~'~' ~: ~ UUMk6TI~ BETURN ~ECEI~ STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: d/b/a 1329 North Sea Road Roy L. Haje, En-Consultants, Southampton, NY ,bein~dulysworn, deposes and says that on the 23rd day of December ,19 ~] , dcponent 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 nam=s; that the addresses set opposite the names of said persons are the addresse~ 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- rice at Southampton (certified) (registered) mail. Sworn to before me this Notary Public ; that said Notices w~,~rnailed to each of said pm'sons by .~ ; jeJ ~ pt~Ale, State m No. 4686621 Commission (This does not have prqperty owners. ) to be completed on form transmitted to adjoining BOAROOF APPEALS, TOWN OF SOtJTHOID In the Mailer m the Petition of Theodore Pet ika-~ to the 80ard of Appea~s of the Town of ~outhnld TO: Bernard Dubin 13617 Whippet Way East Delray Beach, EL 33484 NOTICE TO ADJACE:IT PROPERTY O'dN ER YOU ARE HEREBY GIVEN NOTICE; I. That it is the intention of the undersigned to petition the Board of Appeals of the Town of $outhntd to requesta~ (Special Exception) (Special Permit) (Other) [ci£cie choicel That the property which is the subject of the Petition is located adiacent to your property and is des- North side of Middle Ro~d, SCTM #1000-135-1-27 l' cribed as follows; 3. That the property which is the subiect of such Petition is located in the following zonin~ district: R- 4 0 4 That bi suC'h Petitiun. the undersigned will request the following relief: Variance from side yard setback required. Variance fcom bluff to retaining wall setback reouired. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the unOcr- signed are A~ticle XXIV Sec~icn ] nn-~,i,im _~: Article XXIII~ Section 100. 239.4 [ ] 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 wil[ be filed in the 5outhold Town Clerk's Office at Main Road, 5outhold, 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 hearth§ 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 thc right to appear and be heard at such hearing. Dated: December 18, 1991 Eh-Consultants, Inc. 1329 North Sea Road Southampton, NY 11968 516-283-6360 Theodore Petikas Petitioner 0wners,Names:257 Stewart Ave. PostOfficeAddress Be~hpage, NY 11714 516-731-2241 Te ]. No. ( ) [Copy.of sketch or plan showing purposes.] proposal to be attached for convenience Bernard Dubin ADDRESS 13617 Whippet Way East Delray Beach, FL 33484 · Complete items 1 and/or 2 for additional services. I also wish to receive the : Complete items 3, and 4a & b. foflowing services Ifor an extra Print your name and address on the reverse of this form so fee): that we can return this card to you. · Attach this form to the front of the maUpiece, or on the t. [] Addressee's Address beck if space does not permit. · VVrite "Return Receipt Requested', on the maUpiece next to 2. [] Restricted Delivery the to: Be~ Dubin 1361 Whippet Way East De Beach, FL 33484 Article 133 rype Registered [] Insured ~] Certified [] COD [] Express Mail .~ Return Receipt for (Agent) and fee is paid) JOn~ iL_ *u.s. a~: ~o-~-~ DOMESTIC RETURN RECEIPT STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: d/b/a Roy L. Haje, En-Consultants. Inc.~kq~t 1329 North ~m ~=~ Southampton r NY , bein~ duly sworn, deposes and says that on the 23rd day of December , ]9 9 ] , 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 thc addresses set opposite their respective . names; that the addresses set opposite thc names of said persons are thc addresse~ of said persons as shown on ' the current assessment roll of the Town of 5outhold; that said Notices were mailed at the UniTed States Post Of- rice at Southampton (certified) (registered) mail. Sworn to before me this0 0~'~ Notary Public ;that said Notices were ~iled to each of said persons by ~O L'. Haje/ KATHY L. O'ANT(~ rO 7 Notary Public, State of New York No. 4686621 Qualified in Suffolk Coullty (~ '~ Commission Expires October 31, 19-.-4 (This sid'~ ' ~' ~oes no[ have to be completed on form tPansm~[ted to property owners.) BOARD OF APPEALS, TOWN OF SOIJTHOI_D In the Matter or the Petition of : Theodore Pet±ko8 : to the Board of Appeal., of the Town nf ~,outhnld : TO: Jean C. Leonard P.O. Box 741 North Road Southold, NY 11971 NOTICE TO ADJACE:IT PROPERTY OglER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board nf Appeals of the Town of Southold torequcsta~(Special Exception) (Sp~cialPermit) (Other) [circle choice) I. 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: North side of Middle Ro~r SCTM #1000-135-1-27 3. That the property which is the subject of such Petition is located in the following zoning; district: R-4(] 4 Thatb~'suchPetition. theundersigned willrequestthefollowingrelief: Variance fr'om side yard setback required. Variance from bluff retaining wall setback required. to $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signedare Article XXIV Sect/an lnn-ga4R ~, Ar4-(r~l~ Y~'TTT; .q~=nt-~nn lnn.?R9.4 [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6, That within five days from the date hereof, a written Petition requesting the relic{ specified above will be filed in the 5outhold Town Clerk's Office at Main Road. 5outhold. New York and you may then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: December 18, 1991 1329 Nerthl Eeo R~ad Southampton, NY 11968' (516) 283-636D Petitioner Owners'Names: Theodore Petikas PostOfficeAddress 257 Steward Ave. .Bethpase, NY 11714 Tel. No. (516 ) 731-2241 [Copy.of sketch or purposes.] plan showing proposal to be attached for convenience J 0 ADDRF%5 Jean Leonard Box 741, North Road Southold, NY 11971 SENDER: - · Complete items 1 and/or 2 for additional services. · Complete items 3, and 4a & b. · Attach this form to the front of the mailpiece, or ba~k if space does not permit on the I also wish to receive the following services Ifor an extra fee): 1. [] Addressee's Address 2. [] Restricted Delivery for fee. Certified [] fnsur~d ~ COD for STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: d/b/a Roy L. Hale, En-Consultantst Inc.$~mkC~n~X 1329 N~rth ~= ~_~=~ Southampton, NY , bein~ duly sworn, deposes and says that on the 23rd day of December ,19 9 1 , 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 r~pective 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- rice at Southampton (certified) (registered) mail. Sworn tq before me this ~ ~'~ day of ~t'l~c,ut_~J~,~ , 19 ~ .~ Notary Public ; that said Notices were.~iled to each of said persons by ~o. O.alified in Suffolk Coun~ O m '~ cpires Octet 31, 19~ ~ (This si~ doe~not have to be completed on form transmitted to adjoining property owners.) .~ EN-CONSULTANTS, INC 1329 NORTH SEA ROAD, SOUTHAMPTON, NEW YORK 11968 ENVIRONMENTAL SERVICES 516-283-6360 FAX NO. 516-283-6136 August 18, 1992 Mr. John Bredemeyer Southold Board of Trustees 53095 Main Road Southold, New York 11971 RE: THEODORE PETIKAS. MIDDLE ROAD, SOUTH N Dear Mr. Bredemeyer: Attached please find a revised site plan showing the potential relocation site of the house closer to Middle Road. I believe this is the final requirement prior to your Board and the Zoning Board of Appeals scheduling this matter for public hearing. Very/~trulyyours Roy L. Haje President RLH:KD Enclosures cc: Theodore Petikas Ric~zard Fioretti, Esq. ~thold ZBA fRICK VAN TUYL. P.C. LICENSED LAND SUI~EYORS GREENPORT NEW YORK STATEMEN.__~T OF INTENT THE WATER SUPPLY AND SEWAGE DISPOSAL SYSTEMS FOR THIS RESIDENCE WILL CONFORM TO THE STANDARDS OF THE SUFFOLK CO DEPT. OF HEALTH SERVICES. {S) ,,, '~ICANT SUFFOLK COUNTY SERVICES - FOR CONSTRUCT ION ONLY DATE: .. N. S. REF. NO.: . APPROVED: DEPT, OF HEALTH APPROVAL I=OR S~AL I]1 . &~ct4tt,,~ ~Stt,4 .Tq'~ DX 'x