HomeMy WebLinkAbout1000-14.-2-23 L~
OFFICE LOCATION: ~~OF SO(/jyO MAILING ADDRESS:
Town Hall Annex ~O ~ P.O. Box 1179
54375 State Route 25 ~ ~ Southold, NY 11971
(cor. Main R.d. & Youngs Ave.) Telephone: 631 765-1938
Southold, NY 11971 ~ •
Faz: 631 765-3136
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LOCAL WATERFRONT REVITALIZATION PROGRAM
TOWN OF SOUTHOLD
MEMORANDUM
To: Jim King, President
Town of Southold Board of Trustees
From: Mark Terry, Principal Planner
LWRP Coordinator
Date: June 17, 2013
Re: LWRP Coastal Consistency Review for KARMEN & GREGORY DADOURIAN
SCTM#1000-14-2-23
Patricia C. Moore, Esq. on behalf of KARMEN & GREGORY DADOURIAN request a Wetland
Permit to construct a single family dwelling (62'x70') with covered porch and garage; install a
40'x16' in-ground swimming pool; install new sanitary system; maintain a 30' Non-Disturbance
buffer and hand-clear a beach access path through buffer; a row of staked hay bales with silt
fencing to be installed prior to construction and maintained along the landward edge of the 30'
Non-Disturbance buffer. Located: 695 Petty's Drive, Orient. SCTM# 14-2-23
The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the
Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy
Standards. Based upon the information provided on the LWRP Consistency Assessment
Form submitted to this department, as well as the records available to me, it is my
recommendation that the proposed actions are CONSISTENT with LWRP Policies and
therefore, CONSISTENT with the LWRP.
Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in
preparing its written determination regarding the consistency of the proposed action.
Cc: Lori Hulse, Assistant Town Attorney
J
Town of Southold
LWRP CONSISTENCY ASSESSMENT FORM
A. INSTRUCTIONS
I. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for
proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law.
This assessment is intended [o supplement other information used by a Town of Southold agency
in making a determination of consistency. *Except minor exempt actions including Building
Permits and other ministerial permits not located within the Coastal Erosion Hazard Area.
2. Before answering the questions in Section C, the preparer of this form should review the exempt
minor action list, policies and explanations of each policy contained in the Town of Southold
Loca] Waterfront Revitalization Program. A proposed action will be evaluated as to its significant
beneficial and adverse effects upon the coastal area (which includes all of Southold Town).
3. If any question in Section C on this form is answered "yes", then the proposed action may affect
the achievement of the LWRP policy standards and conditions contained in the consistency review
law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making
a determination that it is consistent to the maximum extent practicable with the LWRP policy
standards and conditions. If an action cannot be certified as consistent with the LWRP policy
standards and conditions, it shall not be undertaken.
A copy of the LWRP is available in the following places: online at the Town of Sou[hold's website
(southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and
the Town Clerk's office.
B. DESCRIPTION OF SITE ANll PROPOSED ACTIO D ~ ~ ~ ~ ~ 2
SCTM# 1000-14-2-23 LS ~ i~~';
SAY 2 4 2613
AGENT: Patricia C. Moore Esq.
51020 Main Road, Southold NY 11971
631-7G5-4330 Souma~d ~uvn
r?rd u` ?~,;aa
The Application has been submitted to (check appropriate response):
Town Board ? Planning Dept. ? Building Dept. ?
Board of Trustees X Zoning Board of Appeals
1 Category of Town of Southold agency action (check appropriate Ye~ponse) p13
JUN 1 OZ
(a) Action undertaken directly by Town agency (e.g. capital Constructiourplas~etr~,
activity, agency regulation, land transaction) ? ~
~
(b) Financial assistance (e.g. grant, loan, subsidy) ? 3 ~~l
(c) Permit, approval, license, certification: ? Type: Trustees Permit
Town of Southold LWRP
Consistency Assessment Form 1
Nature and extent of action: TRUSTEES PROJECT DESCRIPTION
Construction of a single family dwelling with covered porch and garage, install an in-
ground swimming pool and sanitary system 30' nondisturbance buffer landward of top of
bvlu, and to hand-clear a beach access path through the 30 foot non-distwbance buffer,
with the condition a row of staked hay-bales is placed along the landward edge of the 30
foot non-disturbance buffer and maintained throughout construction activities
Location of action:695 Pettv's Drive, Orient NY
Site acreage: 36.678.43 sq.ft.
Present land use: residential
Present zoning classification: R-40
2. If an application for the proposed action has been filed with the Town of
Southold agency, the following information shall be provided:
(a) Name of applicant:Karmen & Gr~orv Dadourian
(b) Mailing address: 5 Ride Circle, Manhasset
(c) Telephone number: c!o Pat Moore 765-4330
(d) Application number, if any:
Will the action be directly undertaken, require funding, or approval by a state or federal
agency? Yes ? No X If yes, which state or federal agency:
DEI~ELOPED COAST POLICY
Policy I. Foster a pattern of development in the Town of Southold that enhances
community character, preserves open space, makes efficient use of infrastructure, makes
beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP
Section III -Policies; Page 2 for evaluation criteria.
Yes X No ? Not Applicable ?
Discussion (ieapproPriace): new residence along Lon$ Island Sound in Petty's Bight
subdivision
Policy 2. Protect and preserve historic and archaeological resources of the
Town of Southold. See LWRP Section III -Policies Pages 3 through 6for evaluation criteria
Yes ? No ? Not Applicable X
Town of Southold LWRP
Consistency Assessment Form 2
Discussion (if appropriate): The site is not identified as area of archeological sensitivity
or on the National Register on the map produced by NYS Dept. Of State, Division of
Coastal Resources.
Policy 3. Enhance visual quality and protect scenic resources throughout the Town of
Southold. See LWRP Section 111- Policies Pages 6 through 7 for evaluation criteria
Yes X No ? Not Applicable ?
Discussion (if appropriate): There are existing natural shoreline protective features. the
top of bank is a low bank only 10' above mean high water. The proposed
construction is approximately 100 feet from the approximate high water mark. The
proposed house will contain gutters and leaders which control drainage and
provides for proper sedimant control. Proper land management practices will be
implemented. M The new sanitary is located 70 feet from top of the bank due to
location of proposed well. Health Department approved.
NATURAL COAST POLICIES
Policy 4. Minimize loss of life, s[ructures, and natural resources from flooding and erosion.
See LWRP Section 111- Policies Pages 8 through 16 for evaluation criteria
Yes X No ? Not Applicable ?
Discussion (f appropriate): The proposed residence will comply with FEMA flood
standards.
Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP
Section III -Policies Pages 16 through 21,far evaluation criteria
Yes No ? Not Applicable X
Discussion (if appropriate): The properties are served b~private wells and private
sanitary, the owner must conform to public health standards. The sanitary location
is approved by the Health Department at 70 feet from the ton of the bank due to the
location of the proposed & neighboring wells.
Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems
including Signifcant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III -
Policies; Pages 22 through 32 for evaluation criteria.
Yes X No ? Not Applicable ?
Discussion pf appropriate): The site is adjacent to Long Island Sound. The lot conforms
with Town policies and New York State policies. The distance of the house and
sanitary to the tidal wetlands is maximized and exceeds 100 feet The sanitary is 70
feet from the top of the bluff/bank.
Town of Southold LWRP
Consistency Assessment Form 3
Policy 7. Protect and improve air quality in the Town of Southold See LWRP Section III -
Policies Pages 32 through 34 for evaluation criteria. See Section III -Policies Pages; 34
through 38 for evaluation criteria.
Yes ? No ? Not Applicable X
Discussion (.e appropriate):No impact is anticipated to air duality by a single family
dwelling.
Policy 8. Minimize environmental degradation in Town of Southold from solid waste and
hazardous substances and wastes. See LWRP Section III -Policies; Pages 34 through 38 for
evaluation criteria.
Yes X No ? Not Applicable ?
Discussion (if appropriate): The proposed house and sanitary is desil!ned to minimize
environmental degradation.
PUBLIC CDAST POLICIES
Policy 9. Provide for public access to, and recreational use of, coastal waters,
public lands, and public resources of the Town of Southold. See LWRP Section II! -
Policies; Pages 38 through 46 for evaluation criteria.
Yes X No ? Not Applicable X
Discussion (if appropr;ale):The parcel is urivate however access along the beach is
open to the public
WORKING COAST POLICIES
Policy 10. Protect Southold's water-dependent uses and promote siting of new
water-dependent uses in suitable locutions. See LWRP Section III -Policies; Pages 47 through
56 for evaluation criteria.
Yes X No ? Not Applicable ?
Discussion of
appropriate): Residential Homes along the water are the primary use in
the Town of Southold Southold has limited commercial development and the taxes
that new single family homes pay is disproportionate to the services they demand
Compliance with FEMA isrequired.
Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the
Peconic Estuary and Town waters. See LWRP Section III -Policies; Pages 57 through 62 for
evaluation criteria.
Yes X No ? Not Applicable ?
Town of Soothold LWRP
Consistency Assessment Form 4
Discussion (if appropriate): The house will comply with FEMA is environmentally
friendly and all the re ug latory agencies control the project to prevent depredation of
the environment.
Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section 111-
Policies; Pages 62 through 65 for evaluation criteria.
Yes ? No ? Not Applicable X
Discussion (ieappropriate): The area is not a designated agricultural district. The
neighborhood consist of single family homes on existing parcels
Policy 13. Promote appropriate use and development of energy and mineral resources. See
LWRP Section III -Policies; Pages 65 through 68 for evaluation criteria.
Yes X No ? Not Applicable ?
Discussion (ieappropriate):Residentialdevelopment is a recognized permitted and
encouraged use in the Town of Southold. Compliance with FEMA and Suffolk
County Sanitary Code is a County and State policy,
*copy of Town form created on 2/11/06
Town of Southold LWRP
Consistency Assessment Form 5
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' APPEALS BOARD MEMBERS ~ ~OF $~Ujy,: ~ Mailing Address:
Gerard P. Gcehringer, Chairman a`~p~ Olo?:. Southold Town Hall
53095 Main Road • P.O. Box 1179
Ruth D. Oliva = ~ ~ : Southold, NY 1 1 97 1-0959
James Dinizio, Jr. G Q Oftice Location:
Leslie Kanes Weisman ~al~
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t;111' ~~F~,e T 54375nMain
Road (at Yoangs Avg B~
Southold, NY 11971
http://southoldtown. northfork. net
ZONING BOARD OF APPEALS REC611/ED
TOWN OF SOUTHOLD a : ~ 4
Tel. (631) 765-1809 • Fax (631) 765-9064 nv~ ~ _ ,
Sout
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FINDINGS, DELIBERATIONS AND DETERMINATION -
MEETING OF AUGUST ~ , 2008
ZBA # 6131- GREG AND KARMEN DADOURIAN CTM 14-2-23
Property Location: 695 Petty's Drive at Long Island Sound, Orient
SEQRA DETERMINATION: The Zoning Board of Appeals has visited the
property under consideration in this application and determines that this
review falls under the Type II category of the State's List of Actions, without
further steps under SEQRA.
BASIS OF APPLICATION: Building Inspector's December 28, 2007 Notice of
Disapproval, under: (1) Section 280-124, and (2) Section 280-15, concerning
the location of a proposed dwelling at less than 40 feet from the code-required
minimum front yard setback, and for a swimming pool located in a side yard
rather than the code required front yard or rear yard for this waterfront
parcel.
PROPERTY FACTS: The applicants' property is vacant land with 36,678.43
square feet in area measured between the Long Island Sound and the street.
The lot has 134.43 feet along the northern lot line at the high water mark of
Long Island Sound, 318.45 feet along the west side, 273.11 feet along the east
side, and 115.29 feet along Petty's Drive. After deducting the coastal erosion
areas, the area of the property is only 24,438 square feet.
FINDINGS OF FACT
The Zoning Board of Appeals held a public hearing on this application on
February 28, 2008, April 24, 2008 and July 24, 2008, at which time written
and oral evidence were presented. Based upon all testimony, documentation,
personal inspection of the property, and other evidence, the Zoning Board
finds the following facts to be true and relevant:
Page 2 -August 7, 2008
ZBA # 6131- G. and K. Dadourian
CTM 14.2-23
AREA VARIANCE REQUESTED: Applicants wish to build atwo-story
house with garage and an accessory swimming .pool on this vacant lot
adjacent to Long Island Sound.
1) The proposed new dwelling on this nonconforming parcel in the R-
40 Zone is not permitted according to Article XXIII, Section 280-124
which is intended to provide minimum standards for principal
buildings of lots which are nonconforming. The required front yards
setback for lots measuring between 20,000 and 39,000 sq. ft. is 40 feet.
The setback of the new dwelling is proposed at 35 feet.
2) Also, the construction of an in-ground swimming pool on this
nonconforming parcel in a R-40 Zone is not permitted pursuant to
Article XXII Section 280-15 which states: accessory buildings and
structures or other accessory uses shall be located in the required rear
yard. The in-ground swimming pool is proposed to be located as an
accessory structure in the westerly side yard.
AMENDED APPLICATION: The applicants amended their application to
move the swimming pool five feet to the South (closer to the street) to
alleviate some of the neighbors concerns as to placement of the pool. They
also submitted a detailed landscape drawing which provides more screening
for sound control and privacy.
REASONS FOR BOARD ACTION: On the basis of testimony presented,
materials submitted and personal inspections, the Board makes the following
findings:
1. Town Law §267-b(3)(b)(3)(12, Grant of the relief requested will not produce
an undesirable change in the character of the neighborhood or a detriment to
nearby properties. There are other houses of comparable size in the
neighborhood. According to dictates of the LWRP requirement; the house
and pool meet these requirements being built at least 100 feet from the edge
of the bluff. The house and pool are at least 100 feet from the bluff (the house
is 100.3 feet and the pool in the new location is 100.4 feet). The pool had to
be placed on the west aide of the property based on the requirements of the
Department of Health Services for sanitary system location purposes. The
Suffolk County Soil and Water Conservation District evaluation report was
positive on their analysis, particularly with the placement of applicant's
leaders and gutters, and the applicant's plan for overflow of water from the
pool into drywells placed landward of the rear/north side of the house as
proposed.
' Page 3 - August 7, 2008
ZBA # 6131- G. and K. Dadourian
CTM 14.2-23
2. Town Law §267-b(3)(b)(3)(1). The benefit sought by the applicants cannot
be achieved by some other method, feasible for the applicants to pursue other
than an area variance. In order to comply with the LWRP code, the dwelling
must be built 100 foot from the bluff. As a result, the applicants must
request a front yard setback of 35 feet instead of the required 40 feet. The
pool requires a variance as well, because the pool cannot be built on the east
side because of the placement of sanitary system by the Health Services. The
pool cannot be built in the rear of the house according the LWRP code as to
setbacks from the bluff (100 feet)-
3. Town Law §267-b(3)(b)(~(1). The variances requested are not substantial.
4. Town Law &267-b(3R~(b)(3)(1). The difficulty has been not been self created
because of other restrictions on the lot.
5. Town Law X67-b(3)(b)(3)(1). No evidence has been submitted to suggest
that a variance in this residential community will have an adverse impact on
the physical or environmental conditions in the neighborhood.
6. Town Law §267-b. Grant of the relief requested is the minimum action
necessary and adequate to enable the applicant to enjoy the benefit of a
dwelling and swimming pool, while preserving and protecting the character
of the neighborhood and the health, safety and welfare of the community.
7. The requested variances are consistent under Town LWRP Code Chapter
268 since the plan includes on-site location of drywells and drainage system
which will protect the bluff and adjacent lands, as per conditions of LWRP.
RESOLUTION OF THE BOARD: In considering all of the above factors and
applying the balancing test under New York Town Law 267-B, motion was
offered by Member Oliva, seconded by Member Weisman, and duly carried, to
Grant the variances as applied for, according to the plans drawn by
Nathan Taft Corwin III dated December 3, 2007 and subject to the
following Conditions:
1. Location of a 16' by 36' pool shall be as per new landscape/site plan
at 54.5 feet from the front line (Petty's Drive) and 15 feet from the
western side lot line, and of a house as per January 9, 2007 site
survey at 35 feet from the front line (Petty's Drive).
• Page 4 -August / 200
ZBA # 6131- G. and K. Dadourian
CTM 14-2-23
2. Compliance with the landscape/site plan submitted by the
applicants and with the Leyland spruce being 6 to 8 foot tall.
3. The landscape/site plan shall be made part of the permanent
building record. All plantings shall be continuously maintained.
4. The pool equipment shall be sound proofed for consideration of the
neighboring home(s).
5. The setback for the proposed dwelling at 35 feet. .
That these ZBA conditions be written into the Building Inspector's Certificate
of Occupancy, when issued.
Any deviation from the variance given such as extensions, or demolitions
which are not shown on the applicant's diagrams or survey site maps, are not
authorized under this application when involving nonconformities under the
zoning code. This action does not authorize or condone any current or future
use, setback or other feature of the subject property that may violate the
Zoning Code, other than such uses, setbacks and other features as are
expressly addressed in this action.
The Board reserves the right to substitute a similar design that is de minimis
in nature for an alteration that does not increase the degree of
nonconformity.
Vote of the Board: Ayes: Members Oliva (Vice Chairwoman), Simon and
Weisman. Members Dinizio and Goehringer (Chairman) were absent. This
Resolution was duly adopted (3-0
~ V , ( ~/~1 {A,
8/ Ir /2008
Approved for Filing
BOARD OF SOUTHOLD TOWN TRUSTEES
SOUTHOLD, NEW YORK
PERMIT N0.6803 DATE: JANUARY 23.2008
ISSUED TO: GREGORY DADOURIAN
PROPERTY ADDRESS: 695 PETTY'S DR, ORIENT
SCTM#14-2-23
AUTHORIZATION
Pursuant to the provisions of Chapter 275 andlor Chapter 111 of the Town Code of the Town of
Southold and in accordance with the Resolution of the Board of Trustees adopted at the meeting held on
January 23.2008, and in consideration of application fee in the sum of $250.00 uaid by Gregorv Dadourian and
subject to [he Tetms and Conditions as stated in the Resolution, the Southold Town Boazd of Trustees autho
and permits the following:
Wetland Permit to construct asingle-family dwelling with covered porch and
garage, install an in-ground swimming pool and sanitary system, and to hand-clear a
beach access path through the 30' non-disturbance buffer, with the condition a row of
staked hay bales is placed down along the landward edge of the 30' non-disturbance
buffer and maintained throughout construction activities, and as depicted on the survey
prepared by Nathan Taft Corwin III last dated July 25, 2007.
IN WITNESS WHEREOF, the said Board of Trustees hereby causes its Corporate Seal [o be affixed,
and these presents to be subscribed by a majority of the said Board as of this date.
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DADOURIAN
SCTM: 1000-14-2-3
TRUSTEES PROJECT DESCRIPTION
E ba~x7O~ ~o~x
Construction of a single family dwelling
with covered porch and gazage, install an i~-round
swimming pool and sanitary system 30' nondisturbance buffer landwazd of top of ~u, and to
hand-clear a beach access path through the 30 foot non-disturbance buffer, with the condition a
row of staked hay-bales is placed along the landward edge of the 30 foot non-disturbance buffer
and maintained throughout construction activities
SURVEY OF CERTIFIED T0:
GREGORY DADOURIAN
LOT 5 PECONIC ABSTRACT, INC.
MAP OF FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEW YORK
PETTYrS BIGHT
FILE No. 3659 FILED JANUARY 26, 1973
SITUATED AT
ORIENT
TOWN OF SOUTHOLD ~
SUFFOLK COUNTY, NEW YORK TFTr. O
S.C. TAX No. 1000-14-02-23 ~ Ss~Ss ~G1 n ~ V E
SCALE 1"=40' W D
JULY 30, 2004 ~ F
JUNE 23, 2007 ADDED PROPOSED HOUSE M MAY 2 4 2013
JYLY 23, 2007 RELOCATED PROPOSED HOUSE
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PREPAPEO IN NCCOROANGE WITH THE MINIMUM
STINDWDS qq N E3FA~ISHED
~~IFVATI0N4 ARE RERRENCED TO N,G.V.O. 1929 DATUM FOR
9E 111E . PORN
~AM1E~tAND
C%ISTINO ELEVATIONS ARE SHOWN iNUS: reB ~
Z. REF[R TO OILED NAP FOR TEST HOLE DATA.
3. MINIMUM SEPTIC TANK CAPACRIEE FORA 1 TO 4 BEDROOM HOUSE 13 1,000 GALLONS.
1 TANKI S' LONG, 4'-3' WIDE, 9'-0' DEEP
4. LIINIMUM IEACNINO STSTCM fOR A 1 TO 4 BEDROOM HOUSE 13 300 eR H SIDEWALL AREA.
S,,,,@@PO~~Ol3t 9' DEEP, 9' dlo.
~L PROPOSN IXPANMON POOL ~ ~ ~ I
~II® PROPOSED LGCNMO POOL
® PROPOSED SEPTIC TANK ~ c 1 '-'N~.5. Lit. NO. 50467
3. TN[ LOCITON OF WELLS AND CESSPOOLS SHOWN NfRfON ARE FROM FIElO uNAV1110RfLFD ALTEPAlION DR ADpIKIN ~ ~ ~ - - '
OBSERVATIONS ANO/OR DATA OBTAINED FROM OTHERS. TO TITS SURVEY D A VKIlATION OF
SECTION 7203 Q THE NEW YdtN STALE Nathan Tafit ~ Corwin III
9. R000 ZONE INFOIIMA710N TAKEN iROW EOVV'tIDN
FL000 ,INSURANCE RAT[ MAP Ne. 3910300099 G COPIES OF TH6 SURrEY L4P NOf BFARINO
ZONE K: BASE FLOOD CLEVAlIONS DEI[RMMEO THE VND SURVEYOR'S INKED SEAL OR Land Surveyor
ZONE VE COASTAL fL00D WfRi VELOOIY HA7/JiD (WAVE ACTION); EMB039ED SELL SHALL NR BE cON91DORED
BASE F1.000 ELEVATpN$ OEIFIIMNFD TO BE A VA110 1RUE CO%.
20NE % : MFRS OF 900-YFM FLOOk ARGS OF 100-YFA1r FWOO W11H AVERAGE CERIIFIGTIXI3 IXOKATW HEREON SHALL RUN
DEPRI aF lESS THM 1 FOOT OR YRIH pRNNWE AAEA4 1G34 iHM ONLY TO 1IIE PERSON FOR WHDLI THE SUR.M
1 SOVARE MILE; ANO AflEl9 PROfEC1ED BY LEVEES FROM 100-YGR 8000. 19 PRfPMm. ANO M YRS 9[HALF 10 THE
ZONE MEA3 OEIERM9iED TO BE OVISNE S00-YWi FLOODPWN. TIRE COMPNlY, OOVDWMENFAL AEENC ANO Title Sun+ya - SubdMelona - Sifa Plan! - COnstructlOn Loyout
LENOIND INSRR/IIDN IZOm HEREON, ANO
7. COASTAL EROSION HAZARD LINE TAKEN FROM COASTAL CROSION TO THE ASSNRIEFS OF 1HE LFNOMa MSD-
NAZARO AREA MAP PHOTO Ne. 47-9S4-91 TIR~N.. CERr1,FlGTIOM MF Nor TFA119fERIHLE. PHONE (631)727-2090 FD% (831)727-1727
THE E%ISTENCE OF RIOMT OF WATS OFFICES LOCATED AT AWUNG ADDRESS
AND/Ofl EASEMENTS OF RECORD, IF
ANY, NOT SHOWN ME NOT GUARANTEED. 32Z ROANOKE AVENUE P.O. Bo% 1931
RNERHEAD, New York 11901 Riverhead, Nex Yark 11801-0965