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4495
___ __ ----- - ...� I .� --- ----- - ___ -- -- - -- --- APPEALS BOARD MEMBERS Gerard E Goehringer, Chairman Serge Doyen James Dinizio, Jr. Lydia A. Tortora Maureen C. Ostermann BOARD OF APPEALS TOWN OF SOUTHOLD Southold'Ibwn Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax(516)765-1823 Telephone (516) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION ADOPTED AT REGULAR MEETING OF JULY 24, 1997 Appl. No. 4495 & FP -16 by ARTO KHRIMIAN PARCEL 1000-44-2-13 STREET & LOCALITY: 58365 C.R. 48, Greenport DATE OF PUBLIC HEARING: Julv 10. 1997 FINDINGS OF FACT PROPERTY FACTS:/DESCRIPTION: This property is located in an R-40 Low -Density Residential Zone District, being situate on the north side of County Road 49 (a/k/a Middle Road). This lot contains a total area of 2125 sq. ft. and is improved with a 560 sq. ft. dwelling foundation, of the recently reconstructed foundation for a single-family dwelling. The foundation as reconstructed is shown to be encroaching over the front property line, has nonconforming side setbacks and setback from the ordinary high water line of the Long Island Sound. BASIS OF APPEAL: Building Inspector's Action of Disapproval, based upon the applicant's second application - which was to reconstruct a single-family dwelling on existing dwelling with modified building plan, different than that shown on the plans approved August 24, 1995 under Building Permit No. Z -22965Z. The recent written action of the Building Inspector is dated April 28, 1997 which reads as follows: (a) Article XXIV, Section 100-242B(1): a nonconforming building containing a conforming use which has been damaged by fire or other causes to the extent of more than fifty (50%) percent of its fair value shall not be repaired or rebuilt unless such building is made substantially to conform to the height and yard requirements of the Bulk Schedule (see Section 100-244B Nonconforming Lot - Bulk Schedule). b) Chapter 46, Section 46-18A: new construction and substantial improvements shall be elevated on pilings, columns or shear walls such that the bottom of the lowest horizontal structural members supporting the lowest elevated floor is elevated to or above the level of the base flood so as not to impede the flow of water. Note: Building Permit No. 22965 dated August 24, 1995 authorized applicant "...to renovate and alter an existing single-family Page 2 - Appl. #4495 & FL #16 Re: 1000-44-2-13 (Khrimian) Board of Appeals July 24, 1997 dwelling as applied for...." Location of Property: 58365 C.R. 48, Greenport, New York; 1000-44-2-13. This parcel contains a total lot area of 2125 sq. ft. ZONING VARIANCE. RELIEF REQUESTED BY APPLICANT: To continue construction on the existing concrete foundation, which perimeter and same dimensions were shown on the building plans at the time the Building Permit was issued under No. 22965, without the need to remove foundation and re -construct with pilings, columns and/or elevated shear walls above the base level of the required flood elevation for this V.9 Flood Zone, and also under Article XXIV, Section 100-242B(1) of the Zoning Code. which has been determined by the Building Inspector to be more than 50% of the fair value. FLOOD VARIANCE RELIEF REQUESTED BY APPLICANT: Based upon the April 28, 1997 Notice of Disapproval by the Building Inspector, when applicant applied for a second building permit, to amend the building permit application of 8/10/1995. Said Action of Disapproval states that new construction and substantial improve- ments shall be elevated on pilings, columns, or shear walls such that the bottom of the lowest horizontal structural members supporting the lowest elevated floor is elevated to or above the level of the base flood so as not to impede the flow of water, Chapter 46-18A of the Southold Town Code (Floodplain Regulations). Flood Designation: V-9. Building Permit #22965 issued 8/24/1995 for reconstruction of a single-family residence. REASONS FOR BOARD ACTIONS, DESCRIBED BELOW: ZONING VARIANCE WHEREAS, under building permit issued by the Building Inspector, reconstruction of an existing single-family dwelling was commenced; WHEREAS, Article XXIV, Section 100-242, Subsection A which is appropriate and applicable for this conforming residential use with a nonconforming front, sides, and setbacks to the northerly property line and L.I. Sound, is noted in the following excerpt at page 10143 of the Zoning Code: 100-242. Nonconforming buildings with conforming uses. A. Nothing in this Article shall be deemed to prevent the remodeling, reconstruction or enlarge- ment of a nonconforming building containing a conforming use, provided that such action does not create any new nonconformance or increase the Page 3 - Appl. #4495 & FL #16 Re: 1000-44-2-13 (Khrimian) Board of Appeals July 24, 1997 degree of nonconformance with regard to the regulations pertaining to such buildings; and.... IT IS FOUND, after investigation and consideration that this is a reconstruction of a nonconforming building containing a conforming (residential) use which does not create any new nonconformance or increase the degree of nonconformance applicable to parcels of less than 20,000 sq. ft. in size; and The applicant has submitted proof that the reconstruction will not exceed 50% of the fair market value. FLOOD VARIANCE This is a determination issued after considering all technical information and the following standards for such approval under the FEMA Regulations and Southold Town Code, Chapter 46: a) The improvements created are as a result of the re -construction activities under a building permit issued on a lot of less than one-half acre in size contiguous to, with nearby similar lots wtth existing structures also constructed below the base flood level. After considering the factors and all other technical evaluations (listed herein) for areas of flood hazard, this lot is not beyond the one-half acre size. Additionally, it is found that the subject improvements are found to be for renovations not exceeding 50% of the value of the subject dwelling. b) There is a showing of good and sufficient cause because: (1) applicant will add a cap block to bring the first floor elevation at 13 feet above mean sea level (instead of 12'9"), with a monolithic pour and 6" by 6" wooden piers at each corner as a minimum to cause shear wall and bring it into modified conformity; (2) applicant cannot move landward because of the heavily traveled road. C) Failure to grant the variance would result in exceptional hardship to the applicant because the foundation cannot be removed without destroying the existing, functioning sanitary system and no alternative to this sanitary system is available. d) The granting of this variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances related to real property, or conflict with existing local laws or ordinances because applicant will mitigate as noted and reiterated from paragraph (b), above. NOTICE TO APPLICANT: The applicant is hereby given notice that the grant of this variance may consequently cause an increase in Page 4 - Appl. #4495 & FL #16 Re: 1000-44-2-13 (Khrimian) Board of Appeals July 24, 1997 premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage and such that construction below the base flood level increases risks, if any, to life and property. RESOLUTION/ACTION: On motion by both Members Dinizio and Tortora, seconded by Member Doyen, it was RESOLVED, to GRANT the relief as applied and with the FOLLOWING CONDITIONS: 1. To raise existing foundation to a minimum height at 13 feet above mean sea level - based on the architect's determination (presently 12'9" level and the additional 3" cap); and 2. Addition of 6" by 6" wooden piers at each corner as a minimum to cause shear wall; and 3. Any and all foundation area and walkway area shall be located not closer than six inches (6") to County Road 48; and BE IT FURTHER RESOLVED, to REVERSE the decision of the building with regard to the Southold Town Zoning Code, Article XXIV, Section 100-242B, based upon the above reasons, and the prior Interpretation of the Board of Appeals rendered November 8, 1995 under Appl. #4350 (Zoning Case of T. McCarthy). VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DOYEN, DINIZIO, TORTORA AND OSTERMANN. This resolution was unanimously adopted (5-0). l% ---7 As per Resolution Adopted 7/24/97 Approved for Permanent Filing ********************* Actions. all/44-2-13 RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK Town Clerk, Town of Southold NOTICE OF HEARINGS SOUTHOLD TOWN BOARD OF APPEALS THURSDAY JULY 10, 1997 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following applications will be held for public hearings by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hail, 53095 Main Road, Southold, New York 11971, on THURSDAY, JULY 10, 1997 at the times noted below (or as soon thereafter as possible): 6:50 p.m. Appl. No. 4494 ANTONIO PIRAINO. This application is based upon the Building Inspector's June 1997 Action of Disapproval, for a Variance under Article M, Section 100-32, Bulk Schedule, for permission to place new dwelling with insufficient front yard setback from right-of-way which passes through center of applicant's property, and for a reduced rear yard setback. Location of Property: 3637 Right -of -Way off the west side of Cox Neck Road, Mattituck; 1000-113-3-2.3. Zone: R-80. 6:55 p.m. Appl. No. 4493 - ANDREW LETTIERI. This application is based upon the Building Inspector's June 2, 1997 Action of Disapproval, for a Variance under Article III -A, Section 100-30A.3 of the Bulk Schedule, for permission to place new dwelling with an insufficient rear yard setback. Zone: R-40 Zone. Location of Property: =720 Arrow- head Lane (.vest side), Peconic; :000-98-2-12.1. Page 2 - Legal Notice Southold Town Board of Appeals Regular Meeting of July 10, 1997 7:15 p.m. Appl. No. 4492 - WALTER KLEIN. This application is based upon the Building Inspector's May 28, 1997 Action of Disapproval, for building permits in the "as built" construction of accessory garage in an area other than the required rear yard and of deck addition with an insufficient front yard setback from private -right-of-way (easterly property line Al at 3235 Manhanset Avenue,- Greenport, N`'; 1000-43-1-8. Code Provisions: Article III -A, Section 100-30A.3 and 100-30A.4. Zone: R-40. Property size: 6821 sq. ft. 7:25 p.m. Appl. No. 4480 - NICKHART REALTY. (Carryover). 7:40 p.m. Appl. No. 4490 - RICHARD AND THERESA SIRIANO. This application is based upon the April 19, 1997 Action of Disapproval issued by the Building Inspector, for a Variance under Article XXIV, Section 100-244C and Section 100-33 for permission to locate an accessory garage building in a front yard to less than the required 40 ft. front yard setback provided by Article III, Section 100-33C and Article XXIV, Section 100-244B pertaining to waterfront lots of less than 40,000 sq. ft. in size. Zone: R-40. Location of Property: 600 Beebe Drive, Cutchogue, NY; County Parcel 1000-97-7-5; also known as Lot #29, Moose Cove Subdivision Map. 7:50 p.m. Applications of ARTO KHRIMIAN for variance relief, based upon the April 28, 1997 Action of Disapproval of the Building Inspector in which applicant was denied a building permit to continue construction for the following reasons: a) Article XXIV, Section 100-242B (1) : a nonconforming building containing a conforming use which las been GamP_aged ,y =ire or Other Page 3 - Legal Notice Southold Town Board of Appeals Regular Meeting of July 10, 1997 sauses to the extent of more than fifty (50%) percent of its fair value hall not be repaired or rebuilt unless such building is made substan- tially to conform to the height and yard requirements of the Bulk Schedule (see Section 100-244B Nonconforming Lot - Bulk Schedule). b) Chapter 46, Section 46-18A: new construction and substantial improvements shall be elevated on pilings, columns or shear walls such that " the bottom of the lowest horizontal structural members supporting the lowest elevated floor is elevated to or above the level of the base that so as not to impede the flow of water_ INote: Building Permit No. 22965 dated August 24, 1995 authorized applicant "...to renovate and alter an existing single-family dwelling as applied for...." Location of Property: 58365 C.R. 48, Greenport, New York; 1000-44-2-13. This parcel contains a total lot area of 2125 sq. ft. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heardin the above applications. The above hearings will not start before the time designated. Each file is available for review during regular business hours, and written comments may be submitted before that hearing is concluded. If you have questions, please do not hesitate to call 765-1809. Dated: June 21, 1997. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, Chairman By Linda Kowalski FM NO: S TOWN OF SOMOLD BUILDING DEPART`SENT SOUTHOLD, N.Y_ NOTICE OF DISAPPROVAL To Ara Khrimian ........................................ 45-25 41 Street ........................................ Long Island City NY 11104 ........................................ DATE: 4/28/97 '. PLEASE TAKE NOTICE that the amendment to yous_appLicaxion. of 8/.LQL95_ for permit to reeonstruet.�_ simgl•e_fsamily.Axell-ing_m the..exis.t.iug•f.Qundation Location of Property ..58365._,_._. C.ty,- Rd;.48 __._..___.._..Greenport... House No. Street Hamlet County Tax Yap No. 1000 - Section ..44...... BLOCK ...02...... LOT ....13 Subdivision ............................... Filed Nap No. .........Lot No. ...... is returned herewith and disapproved on the following groan s 1).. non.confor.min g build_ ... ing, containing a conforming_ sse•wh.ich. has. been. damaged. by. fire. or other...., causes to the extent of more than 50% of its fair value shall not be repaire .....................................................................•••.........._..._ or rebuilt- unless such building,is.•... ...... tially. to•conform.to. the_-_,. height and yard requirements o£ the. Bulk heeic Scdul.Artle XXIV 100-242B.(;). 2) Yew construction and substantial improvements shall be elevated on pilings. columns or shear walls such that the bottom.of_the •lowest horizon = .........................................' -al structural members supporting the lowest elevated floor is elevated to ................ ........... ..............•---•..........................•...... or above the level of the base flood so as not ... Chapter 46-18A_ Action required by the Zo aing Board of .............. ........................ .....................'•--.................................. n - .JI --- -�=---------------- Bu IN PECTOR. -V 46 attached letter from Eric Star, DEC Stony. Brook. BOARD OF HEALTH ........ FORM NO. 1 �3 SETS OF PLd:7S ........ TOWN OF SOUTHOLD SURVEY ... _ .... . I O BUILDING DEPARTMENT CHECK ...... _ _ . , , SOUTh� _J, N.Y. i oji 6 TEL.: 765-1802 L'6T1F'fWiP- �x/- rJ �j (� / CALL Examined .... Q 19 1.5 MA I L TO: Approved ..... , Vc1v . 19/.Permit No. Z� (p.a` Alf f /p %. 1... . Disapproved a/c .......... .......................... ng Inspector) APPLICATION FOR BUILDING PERMIT Date ...................19... INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public stieets or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- cation. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. ' APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary insp�ionn ... ............:...... (Signature of appli t, or name, if a corporation) (Mailing address of applicant) (/g'4.,z State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. ..._.......� ...Gam....:....: Name of owner of premises d�!`!T . (`f(1` �%l� �?0...... (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. _............................................ (Name and title of corporate officer) � r +y to Builder's License No . ......................... � s Plumber's License No . ............ ....... i e Electrician's License No. .. Other Trade's License No. ........�........... . 1. Location of land on which proposed work will be' done . ................ ....... .:....................... . 5 365........ ,..L�cdezJlS.........."10. ..?.../% Mouse Number Street Hanilet County Tax Map No. 1000 Section ....� .......... Block ..... ...... Lot . Subdivision ............ ........................ Filed Map No. .............. Lot ............... (Name) State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy � .. . . . ............. .' b. Intended use and occupancy L s' 3. Nature of work (check which applicable): New Building .........Addition p .. Alteration.. . Repair .. Removal .............. Demolition ....:......... Othe & k , (Description) 4. Estimated Cost .. �✓.`1160 . .. i - ,... .............. .......... ... . (to be paid on filing this application) 5. If dwelling, number of dwelling units .... �......... Numbpr of dweliing units on each' floor ....... ........ . If garage; number of cars ....... ............:................................................ 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use ..... 7. Dimensions of existinUtructures, if any: Front ...%(zp../7 ... Rear .... /0. 7,; .. Depth Height ......% ::?� 1 ?.. Number of Stories ........ ................. Dimensions of same structure with alterations or additions: Front .... fib.. �.7 ... Rear .... Depth ... tri ....... Height ..... r.t .. . r .. Number of Stories ....... ..c�-.�.'.........'� ...... 8. Dimensions of entire new construction: Front ..............: Rear ... , ........... Depth ............... Height ............... Number of Stories .............. . 9. Size of lot: Front .....moi ��, . �. Cy ....... Rear ...... :tea .. �...... Depth ........ � . F.......' j... . 10. Date of Purchase .......... `.................. Name of Former Owner ............................ . 11. Zone or use district in which premises are situated ....... A ..... ..................... .. 12. Does proposed construction violate any zoning law, ordinance or regulation: lx� ...................... . � 13. Will lot be regraded... , . ,UC 1Vi11 excess fill be removed fro Cruises'. Yes ol 14. Name of Owner of premises... Address 45: -?-5.'-%0.1...... Phonr� e No. Tl�. Y Z. . ...... Name of Architect , t/. ? : 7 Fy!t Address 'fAi . Phone No. :1/7 ?? lk3. . Name of Contractor .. 400 i- 1 4 .......... Address..... . ......:. Phone No............... . 15.' Is this property within 300 feet of a tidal wetland? *yes...!, No......... *If yes,'Southold Town Trustees Permit may be required. " PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and.indicate all set -back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or corner lot. Y TATE OF NEW YORK, S.S OUNTY Or ............ . �.... ?. /* ;�. . . ............. being duly sworn, deposes and says that he is the applicant (Name of individual signing contract) )ove named. % isthe ............./ .•••!.•:.........:............................................. (Contractor, agent, corporate officer, etc.) said owner or owners, and Is duly authorized to perform or have performed the said work and to make and file this plication; that all statements contained in this application are true to the best of his knowledge and belief; and that the )rk will be performed in the manner set forth in the application filed therewith. ,am to before me this a.� day if 19 � tary Public, t ? "✓." .. t/6•' k'`•� County J®PCE M.. ............. ..... .. ..I ......... .. Notary Publio, State of NewYork (Signature or applieant> No. 4952246, Suffolk Coun1 Term Expires June 12.19a t p'd # s Ile e20d_`i/4{4o� $400.00 zoning var. appl. JUN 1 6 1997 $400.00 flood var. ,appL $600.00 maxi %UMLS PURSUANT TO THE PROVISIONS OF THE FLOOD DAMAGE PREVENTION LAW OF THE TOWN OF SOUTHOLD -ad d Appeal No. A� Date Filed 6 APPEAL FROM DECISION OF THE BUILDING INSPECTOR: s TO THE BOARD OF APPEALS, TOWN OF SOUTHOLD, N.Y: I, (We), ��TD }'(tom€N�,+ia ! of L;i5-25 qls � reed. Name of Applicant (Address) HEREBY APPEAL FROM THE DECISION $ p OF THE BUILDING INSPECTOR DATED of z-/Q7r WHICH DECISION STATES :re NF -w C&Ai5TX C-,j49v }rY3?stjSS.iANTf✓c:. YMFlP&V-5HFAiis Sm,?LZ_ $4F £Try ,,' c, CAes '�dLdeilwP.4� Ga LfJ VIt/Sy 9JR 5HFtj-!2 WALLS 5ycW 764t'Y Try -G_ 267-r1M OF T i!-�C LOGuEST I-j0,2120.AJ7'Ja-L 57'.20cTi,Q.A�L.,AIEA18=k5' S'Sy'7�PD c'TfNO- Tyc F= Amsia� rid-='. 4F -v,6 -z vCTMY- S^ -C'6 -F'i.,oaD 5 48 46r tV JHFE�p FLO&> c> Wf4T,, 2/Z i:. €y<rEf� kts.-lvg ✓":'m �Y'T'ib!',d' k'F.a�t/P 1Z'�P 1. LOCATION OF PROPERTY 5S3�-5 Oou'-4TY 'Rv'aD' ��, G�¢rJP�G Street and Hamlet TAX MAP DISTRICT '1000 t SECTION 11q BLOCK G a <..'„ LOT,-, i.3, NAME OF SUBDIVISION AND LOT NO.(if applicable): sn c :r FLOOD INSURANCE RATE MAP DESIGNATION: 20NA - �s=j 2. PROVISIONS OF THE FLOOD DAMAGE PREVENTION LAW APPEALED: C14A,PTf P- y6, -,9A (indicate the Section, Subsection and Paragraph of the Law by .number) 3 THE TYPE OF APPEAL IS: O _A Variance to the Provisions of. the Flood Damage Prevention Law. ( ) An interpretation of the exact location of the boundaries of the area of special flood hazard. ( ) An interpretation of the Provisions, of the Flood Damage Preven- tion Law (Specify): 4.p PREVIOUS APPEAL: A.previous appeal with respect to this Decision of the Building Inspector, or with respect to this property,;,_ O ; (has not) been made. Such previous appeal was: ( ) a request for an interpreta- tion; (b) a request for a variance; ( ) other (specify): wr , 5'� THE SPECIFIC NATURE OF THE RELIEF REQUES'PED IN THIS APPEAL IS: _ f 6�Mlv'S iftJAA,F 'E% BZF C -..VS i�(>C',T TH'/-- k ©VS'� {SN diS "" �?zistd�lG ev�re�.�'T� Foas�las?T1or�. REASON FOR APPEAL 6. Good and sufficient cause exists for the granting of the relief requested for the following reasons: _ - ' A t?/ a n.. ✓a dj f. C d1 S� C. L �,i Y ✓t v j r,',,l'./ L''.✓''' i..f ' a.7 �; 'S�f � j S, !�t.G t i.. 0 3 � ci j uv` a-Lt.ct S e A . 'E.r x-7.9 Sr-It'u-f-j �-:✓E%.rr .�i.O✓�€E`�0: C:i:S'S.f.'� min. t�a€Jri L': i'e?io- V E"f3 S/-CGt Jtl "3"a.G 7 ci +? S 1'Y' %' i h�' a Re- R r i9 3vl J �`, X4/(2<` �r^,.•t,r >-ts S , . r ✓ m PV5"✓^ �:d r�.�Y^.Cvild�Ii�:. '�^"^ tai � iiG "'t'E rz�gf `t:"� ftp€ P CXh tE2e.f ✓( Lig 7. Failure to grant the relief requested would'result,in exceptional hardship for the following reasons: E m Lvo;.P,c� 4a V-r-Lta-i l r< "i���sa., -a i kre fi 7- f/.ia Vt+r C', L'vd L. I38 - -StiLS 8, Granting -the relief requested will not result 'in'(increased ,flood heights, additional threats to public safety, extraordinary public expense, create nuisances, Or conflict with existing laws or rules and yregulations for the following reasons: V') Let ";;qY� rQ f .€t.0 CT 1 a e. E7 Gt-.etd rry S �-�tl:]:. f,���^-e-{-L.'.]jL(L' atl. r vl. L=e. Yt[�z-=✓ L€ i%4''��2.. ±J c"._�"'.-d♦ ry �i s � �G .�- i!V'L l bC!_ ydG �l_G�i�i.l`'✓'�®-��{�Liybp� /rti f�-!�ftP-f4lKr�9�.%�1 mss= OYL G ,z STATE OF NEW YORK) Ss ✓��� COUNTY OF SUFFOLK) (Signature) Sworn to befppoeme thiday o£°�' 19�j (N ubiic a it;?�rnJ:a fuaJitietF in s�u� s�Caen � '�0�mi§fan �G+tes Sepiem6er 30, S �� 1 OWN OF SOUTHOLD PROPERTY RECORD C,��tD OWNER - ---- - STREET h7 j VILLAGE DIS-T.r'" U. V LOT Qq 1'C�-(bed; v_— FORME�R1 OWNER ` lA�ly L 0. man N �ak 2s yak J6 kc� "E .- 0, T. ACR, 0.050 1 ecM. LC -'V Ir)SOrI n S / W TYPE OF BUILDING ) RES. EAS..) .'� VL. FARM COMM. CB. ,. MICS.. . Mkt. Value - LAND --- IMP. TOTAL DATE REMARKS -----._~J — d 0 / _ 1_22 36 _ —% uS L YF?Oua o_ iuel�Gu _af Gil lid _�f.S6 �0D l d !,� i �1��% _.����ia rC'.�-�'✓�r�piL�Q���°'c{_��rne��s_�i �-ti�i�Sen�r,C��evin�d} 50-�.0%%�sG���.�2���tnl:_�e��f Csfo% o cia F 4 eae�r a a. l �%r Ig z L71 11t-�j_krft7_v_t1 �..�1.¢ U l� Fv F rind rel_7�� < , -ea AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE ---_ -- FARM — Acre. Value Per Value - _--- �- ^--- ----- -- ---�—_____—� -� Acre Tillable FRONTAGE ON WATER Woodland FRONTAGE ON ROAD',a Meadowland DEPTH House Plot T BULKHEAD Total DOCK w � , K, ��, � _�� /3�/os To 6.a LGor1Gg6T6 iYA�C. e"vAIC..$6T.'1 Dr<,e Jnautnorized al•wauon or addition to this survey is a �ioldon of Section 7WO of Ow MWYpk SSW Education LOW copies alMamm"ff orutbM4 "war am4rbeoou lo n- tobeatYtkkleMR GurrAm kyC W / MM'k/1 Nd I W orsy to 00 1sra0afttuhs aSomw is preprs4 amd"Naktltt/Mft we Cw-peri, ow wAmkmWWoniWill, Ism to nr as g,radlMtfluSrt. Guaranmea are rot to additional insdMions or rtkrtprttt owners. ii Z5�f1�� F,v-E.ecvvew�5 CGS' des) I�r�T�oN= �ou>J/oLo, �u�/�oce foucoT� N, i! D�zr�naE,e�o��99� �yED LA tya .yd. LEW 9 ,,yO� �seeg rFINV v V 1 v ii Z5�f1�� F,v-E.ecvvew�5 CGS' des) I�r�T�oN= �ou>J/oLo, �u�/�oce foucoT� N, i! D�zr�naE,e�o��99� J APPEALS BOARD MEMBERS ' Gerard R Goehringer, Chairman Serge Doyen James Dinizio, Jr. Lydia A. Tortora Maureen C. Ostermann BOARD OF APPEALS TOWN OF SOUTHOLD July 28, 1997 BY FACSIMILE TRANSMISSION AND REGULAR MAIL Mr. Arto Khrimian 45-25 41st St. Long Island City, NY 11104-3410 Re: Appl. FL -16 & 4495V C.R. 48, Greenport Property Dear Mr. Khrimian : Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Enclosed please find a copy of the Appeals Board's four-page determination rendered at its July 24, 1997 meeting. A copy has today been forwarded to the Building Inspector's Office for their files and update. You may wish to contact the new Inspector -in -Charge, Ed Forrester of the Building Department directly (765-1802) as a follow-up on the next step. Enclosure Copy of Decision on 7/28 to: Building Department Very truly yours, GLd. Linda Kowalski il APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen James Dinizio, Jr. Lydia A. Tos a Maureen C. Ostermann BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION ADOPTED AT REGULAR MEETING OF JULY 24, 1997 Appl. No. 4495 & FP -16 by ARTO KHRIMIAN PARCEL STREET & LOCALITY: 58365 C.R. 48, Greenport DATE OF PUBLIC IIEARING: July 10, 1997 FINDINGS OF FACT PROPERTY FACTS:/DESCRIPTION: 1000-44-2-13 This property is located in an R-40 Low -Density Residential Zone District, being situate on the north side of County Road 49 (a/k/a Middle Road) . This lot contains a total area of 2125 sq. ft. and is improved with a 560 sq. ft. dwelling foundation, of the recently reconstructed foundation for a single-family dwelling. The foundation as reconstructed is shown to be encroaching over the front property line, has nonconforming side setbacks and setback from the ordinary high water line of the Long Island Sound. BASIS OF APPEAL: Building Inspector's Action of Disapproval, based upon the applicant's second application - which was to reconstruct a single-family dwelling on existing dwelling with modified building plan, different than that shown on the plans approved August 24, 1995 under Building Permit No. Z -22965Z. The recent written action of the Building Inspector is dated April 28, 1997 which reads as follows: (a) Article XXIV , Section 100-242B (1) : a nonconforming building containing a conforming use which has been damaged by fire or other causes to the extent of more than fifty (50%) percent of its fair value shall not be repaired or rebuilt unless such building is made substantially to conform to the height and yard requirements of the Bulk Schedule (see Section 100-244B Nonconforming Lot - Bulk Schedule). b) Chapter 46, Section 46-18A: new construction and substantial improvements shall be elevated on pilings, columns or shear walls such that the bottom of the lowest horizontal structural members supporting the lowest elevated floor is elevated to or above the level of the base flood so as not to impede the flow of water. Note: Building Permit No. 22965 dated August 24, 1995 authorized applicant "... to renovate and alter an existing single-family Page 2 - Appl. #1495 FL #16 Re: 1000-44-2-13 (hhrimian) Board of Appeals July 24, 1997 dwelling as applied for...." Location of Property: 58365 C.R. 48, Greenport, New York; 1000-44-2-13. This parcel contains a total lot area of 2125 sq. ft. ZONING VARIANCE RELIEF REQUESTED BY APPLICANT: To continue construction on the existing concrete foundation, which perimeter and same dimensions were shown on the building plans at the time the Building Permit was issued under No. 22965, without the need to remove foundation and re -construct with pilings, columns and/or elevated shear walls above the base level of the required flood elevation for this V.9 Flood Zone, and also under Article XXIV, Section 100-242B(1) of the Zoning Code. which has been determined by the Building Inspector to be more than 500 of the fair value. FLOOD VARIANCE RELIEF REQUESTED BY APPLICANT: Based upon the April 28, 1997 Notice of Disapproval by the Building Inspector, when applicant applied for a second building permit, to amend the building permit application of 8/10/1995. Said Action of Disapproval states that new construction and substantial improve- ments shall be elevated' on pilings, columns, or shear walls such that the bottom of the lowest horizontal structural members supporting the lowest elevated floor is elevated to or above the level of the base flood so as not to impede the flow of water, Chapter 46-18A of the Southold Town Code ( Floodplain Regulations) . Flood Designation: V-9. Building Permit #22965 issued 8/24/1995 for reconstruction of a single-family residence. REASONS FOR BOARD ACTIONS, DESCRIBED BELOW: ZONING VARIANCE WHEREAS, under building permit issued by the Building Inspector, reconstruction of an existing single-family dwelling was commenced; WHEREAS, Article XXIV, Section 100-242, Subsection A which is appropriate and applicable for this conforming residential use with a nonconforming front, sides, and setbacks to the northerly property line and L.I. Sound, is noted in the following excerpt at page 10143 of the Zoning Code: 100-242. Nonconforming buildings with conforming uses. A. Nothing in this Article shall be deemed to prevent the remodeling, reconstruction or enlarge- ment of a nonconforming building containing a conforming use, provided that such action does not create any new nonconformance or increase the Page 3 - Appl. #4495 FL #16 Re: 1000-44-2-13 (Khrimian) Board of Appeals July 24, 1997 degree of nonconformance with regard to the regulations pertaining to such buildings; and.... IT IS FOUND, after investigation and consideration that this is a reconstruction of a nonconforming building containing a conforming (residential) use which does not create any new nonconformance or increase the degree of nonconformance applicable to parcels of less than 20,000 sq. ft. in size; and The applicant has submitted proof that the reconstruction will not exceed 50% of the fair market value. FLOOD VARIANCE This is a determination issued after considering all technical information and the following standards for such approval Linder the FEMA Regulations and Southold Town Code, Chapter 46: a) The improvements created are as a result of the re -construction activities under a building permit issued on a lot of less than one-half acre in size contiguous to, with nearby similar lots with existing structures also constructed below the base flood level. After considering the factors and all other technical evaluations (listed herein) for areas of flood hazard, this lot is not beyond the one-half acre size. Additionally, it is found that the subject improvements are found to be for renovations not exceeding 50% of the value of the subject dwelling. b) There is a slowing of good and sufficient cause because: (1) applicant will add a cap block to bring the first floor elevation at 13 feet above mean sea level (instead of 1219"), with a monolithic pour and 6" by 6" wooden piers at each corner as a minimum to cause shear wall and bring it into modified conformity; (2) applicant cannot move landward because of -the heavily traveled road. C) Failure to grant the variance would result in exceptional hardship to the applicant because the foundation cannot be removed without destroying the existing, functioning sanitary system and no alternative to this sanitary system is available. d) The granting of this variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances related to real property, or conflict with existing local laws or ordinances because applicant will mitigate as noted and reiterated from paragraph (b), above. NOTICE TO APPLICANT: The applicant is hereby given notice that the grant of this variance may consequently cause an increase in Page 4 - Appl. #4.19u _ FL #.1G Re: 1000-X14-2-13 (hhrimian) Board of Appeals July 24, 1997 premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage and such that construction below the base flood level increases risks, if any, to life and property. RESOLUTION/ACTION: On motion by both Members Dinizio and Tortora, seconded by Member Doven, it was RESOLVED, to GRANT the relief as applied and with the FOLLOWING CONDITIONS: 1. To raise existing foundation to a minimum height at 13 feet above mean sea level - based on the architect's determination (presently 12'9" level and the additional 3" cap); and 2. Addition of G" by G" wooden piers at each corner as a minimum to cause shear wall; and 3. Any and all foundation area and walkway area shall be located not closer than six inches (G") to County Road 48; and BE IT FURTHER RESOLVED, to REVERSE the decision of the building with regard to the Southold Town Zoning Code, Article XXIV, Section 100-242B, based upon the above reasons, and the prior Interpretation of the Board of Appeals rendered November 8, 1995 under Appl . #1350 ( Zoning Case of T. McCarthy) . VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DOYEN, DINIZIO, TORTORA AND OSTERMANN. This resolution was unanimously adopted (5-0) . r` i: -GERARD P. GOEHRINGER, CHAI IAN As per Resolution Adopted 7/24/97 Approved for Permanent Filing Actions. all /4-1-2-13 ry - �;dri JUL ;C51 , CONSTRUCTION CONTRACT AGREEMENT made this 30th day of September, 1995, by and between Michael Verity, Verity Builders Inc. his mailing address P.O. Box 476, Greenport, New York 11944 hereinafter called BUILDER and Ara & Arto Khrimian 58365 County Road 48 Greenport, New York 11944, hereinafter called OWNER WITNESSETH: In consideration of the mutual convenants and agreements herein contained the parties agree as follows: 1. The Builder, in consideration of the sum of Thirty two thousand eight hundred seventy live ($32,875.00), to be paid as set forth herein, shall furnish all of the materials and perform all of the work, to the premises owned by the Mhrimians. Unless otherwise specified in writing all materials shall be new, and both ` workmanship and materials shall be of good quality and all workmen shall be skilled in their trade. 2. The Owner shall, at its own cost and expense, obtain and pay for all permits, certificates and licenses necessary for the performance of the work hereunder, and shall forthwith make application to the proper authorities for building permit; the Owner shall pay the variance application costs, if required, survey and other fees if same are necessary. 3. The Owner represents that they are the sole owners in fee of the property described herein and represents the same is free of liens and encumbrances. 4. The Owner shall indicate the status of the building to the Builder. The Builder shall not be liable for damages if such selected site violates any restrictions of the property contained in prior deeds or other instruments or record. Whether or not the Owner selects the site for the building, the Owner assumes all responsibility for water seepage into his cellar or foundation attributable to the grade or topography of the land, or any cause other than faulty construction or materials. 5. It is understood and agreed that the Builder will commence operations upon receipt of the Building Permit and any other necessary permits, and approval by the attorney for the Builder of the title of the Owner of the property. The Builder will substantially complete the work to be erected herein within one hundred twenty (120) days thereafter. The completion date shall, however, be postponed for the period of any delay in construction beyond the control of the Builder including, but not limited to, Governmental restrictions, acts of God, weather, strikes, war or military operations. 6. No changes in plans and specifications for the house shall be made unless such changes are agreed upon and any necessary adjustments made in the contract price; except that the Builder shall be at liberty to change or substitute any materials which may be necessary by reason of a market shortage or any other causes beyond the control of the 11 -� ► s (FN r=, r \-\ 17 r T�,�i Builder, provided however, that said substituted materials shall be of the same or better quality than the materials provided herein. 7. In the event that the municipality shall require the Builder, as a condition for the issuance of a Building Permit or a Certificate of Occupancy, to make any improvements in the property not called for in the plans and specifications, the Builder's cost of these improvements shall be added to and become part of the contract price. 8. It is understood and agreed that the Owner assumes any loss by fare or other casualty and agrees to keep the building to be erected insured against any such loss. 9. The Builder shall maintain Liability Insurance for property damage or personal injury, including death which may arise from operations under this agreement. In respect to the aforementioned "Liability Insurance" the Builder shall furnish to the Owner a certificate of such insurance naming the owner thereon as additional insured. Builder represents that he is a licensed contractor by the County of Suffolk and the Town of Southold. 10. The Builder shall furnish the Owner on completion of the building an affidavit that all labor and material men are paid and will indemnify Owner against any liens for the claims of the subcontractors. (If subs are needed). 11. The Owner shall f n-nish the Builder at lust ten (10) days before the final pdyment under this contract a list of work yet to be done. The Builder shall not be obligated to complete any work that is not included in the contract documents. 12. The Builder guarantees that under normal conditions and provided that items below have been properly maintained by the Owner, that it will, for a period of one (1) year from the date of completion and if due from any defect of labor and is not caused by any acts beyond builders control, including but not limited to condensation, acts of the buyer, their agents, or employee, or persons other than the Builder; improper grading of land other than the Owner's grade, acts of God, tornado, windstorm or good. 13. The owner shall pay the builder for the performance of this agreement, subject to additions and deductions as provided herein the sum of as follows: A. upon the signing of the contract. B. upon the completion of the exterior and interior walls and roofing. C. upon the completion of the remaining work (all balances must be paid within 30 days after completion of work, unpaid payments are subject to late fees at the legal rate prevailing at the place where the project is located.) 14. The Builder shall have the right to subcontract any and all of the work required to be performed under this contract without first having to obtain the consent of the Owner, it being understood, however, that the Builder shall nevertheless remain liable for the performance of this contract. 15. This agreement constitutes the entire contract between the parties hereto and the Builder is not liable or bound in any manner by expressed or implied warranties, guarantees, promises, statement, representations, or information pertaining to said premises, made or furnished by any real estate broker, agent, employee, servant or other person representing or purporting to represent the I§uilder unless such information are expressly and specifically set forth herein. No representations, or warranties have been made by the Builder to the Owner or have been relied upon by the Owner except those expressly set for herein. 16. This agreement shall insure to the benefit of, and be binding upon the heirs, devisees, personal representatives, successor and assigns of the parties hereto. In V4TNLSS WBEREOp, this agreement has been duly executed by'the parties hereto h4ichael J. Verity Verity Builders, Inc. 1 Michael J. V ity Ara Khrimian FORM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOLITHOLD, N.Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) Date .................... 11,1 .................... 191�i .. ..CT..:. .. N1-! 22965 Z - Permission Is hereby granted to: ............. ............ ...`-s.¢.....�.:.....:..r'................. . ....... ..J ` �. •/ to.... Ee,/d Jr! �' .......... ....... /9.�7-E!Q......... ^.� ...r ................................ ......... ..� ..............4..f .......... i�l-�— ...... ..../......!:� ............................ aG......M.,,:......./.:......- o©.�i/o.�a.. !-..o............ ,.....,y T.. . � .:..l. M T..........r...�`:�c l c..... ......T, .. %.............................................. ...................................:............................../ (` i�'! ............................................................. at premises located at....... Sl�� .......... ......C.:....... ........................... .............................................................. Ei!/ v.& ............. -...................................... County Tax Map No. 1000 Section ....7........... Block ......6„/.. ........ Lot No. .......� pursuant to application dated ....... ................... 19... .. and approved by the Building Inspector. Fee $..T...:.. ...... .. ..��........:..........:....... B ding Inspector Date ................... 19... INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public street! or areas, and giving a detailed description of lavout of property must be drawn on the diagram which is part of this appli- cation. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout tite work. e. No building shall be occtipied or used in whole or in part for any purpose whatever until. a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings. additions or alterations, or for removal or demolition, as herein described. The applicant asrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessaryinspe�e�►tion (Signature of applic2ft, or name, if a corporation) (Mailing address of applicant) l/�f State wAther applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. ............'0. /�7'....:......................:...................................... . Name of owner of premises 41Z4 . m/`!�'%/��C% (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. (Name and title of corporate officer) - -- Builder's License No. ........r (if• -' - ............... Plumber's License No. ....... — ! t. I.' i Electrician's License No. '- _. 1;... Tllund J ^ �r••. Other Trade's License No. ....... 1 1. Location of land on which proposed work will be done. .................. L3 6-5. House Number Street Hamlet County Tax Map No. 1000 Section ... :1-'f - - - - - - - - - Block ... . Z . . .............. Lot..... ..... Subdivision .......Piled Map No. Lot . (Narnc) ... . :. State existing use and occupancy of premises and intended use and occupancy of proposed construction: { a. Existing use and occupancy ...'/��tL..../�!�1h•!<y �1,CSj0,�hJ� rE..................... b. Intended use and occupancy .. ........................ B01 OF IIEALrII ........ FORM NO. 1 ] ! L -OF PLANS ........ TOWN OF SOUTHOLD (O SURVEY ..... _ _ ....... _ . . BUILDING DEPARTMENIT'CIICCK .......; _ _ , , _ . _ _ 711° t 1 i -0R.I . . ........ SOUTH --.j, N. Y. t ..j, t TEL.: 7G5.1802 NGT fdd�1�2 ?zJ,!5�T ��/j �CALLExamined ., �/, , Fy ; . ....t, ,, l9 .l.5 Approved 19/�?. P ...... r/ Qr C�: j�.. ermit No.-?�- HAIL TO: ���. `• . . Disapproved a/c ..................................... ei'l UP, 0, 7 �C�Y ................................... ...... Jig*zisp;;ctor) _ APPLICATION FOR BUILDING PERMIT Date ................... 19... INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public street! or areas, and giving a detailed description of lavout of property must be drawn on the diagram which is part of this appli- cation. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout tite work. e. No building shall be occtipied or used in whole or in part for any purpose whatever until. a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings. additions or alterations, or for removal or demolition, as herein described. The applicant asrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessaryinspe�e�►tion (Signature of applic2ft, or name, if a corporation) (Mailing address of applicant) l/�f State wAther applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. ............'0. /�7'....:......................:...................................... . Name of owner of premises 41Z4 . m/`!�'%/��C% (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. (Name and title of corporate officer) - -- Builder's License No. ........r (if• -' - ............... Plumber's License No. ....... — ! t. I.' i Electrician's License No. '- _. 1;... Tllund J ^ �r••. Other Trade's License No. ....... 1 1. Location of land on which proposed work will be done. .................. L3 6-5. House Number Street Hamlet County Tax Map No. 1000 Section ... :1-'f - - - - - - - - - Block ... . Z . . .............. Lot..... ..... Subdivision .......Piled Map No. Lot . (Narnc) ... . :. State existing use and occupancy of premises and intended use and occupancy of proposed construction: { a. Existing use and occupancy ...'/��tL..../�!�1h•!<y �1,CSj0,�hJ� rE..................... b. Intended use and occupancy .. ........................ 3. Nature of work (check which.3 able): Ncw Building .......... AdditionAlteration _ .. . . Repair .............. Removal .............. Demolition ..... !� .. _ Other„1Y�rk ... ..I.i4l ..... . S (Description) 4- Estimated Cost -.'e30:J0U - .. ..................... (to be paid on filing this application) 5. If dwelling, number of dwelling units .... /......... Number c dwelfing units on cacn' floor .... - ......... If garage, number of cars ..... 6. If business, commercial or mixed occupancy, specify nature and extent of cacti type of use .. .............. f� 7. Dimensions of existin!Lstructures, if any: Front ...��p..f7 ... Rear .... / V. `�. , Depth .fir', ; Z Height ....../. Z f"7 . Number of Stories ........* Dimensions of same structure with alterations or additions: Front ../.t10..%.... Rear .... Depth .....S ................ Height ..... . 2 `� .......:.. Number of Stories ....... ... .......... 8. Dimensions of entire new construction: Front ............... Rear ............... Depth ............... Height ............... Number of Stories ......................... . ... 9. Size of lot: Front ...... ..... ....�".? ....... Rear .....Z rte.. !`'.�...... Depth .... 3% F'... _.... . 10. Date of Purchase .......... ^.................. Name of Former Owner .............................. 11. Zone or use district in which premises are situated ....... ...... . . . . .. . ... . . . . . . . . . . . . . 12. Does proposed construction violate any zoning law, ordinance or regulation: /v�...................... • .... . 13. 1Vi11 lot be regraded �© Will excess fill be removed fro remises: Yes No 14. Name of Owner of premises !f!E''4 K�e�/ y�� �/ 1e� 737 T . Address'1'✓" 'f� one No. r, - Name of Architect . �1 .. . ...... ..... Address ¢36. /+'�S>/I 'i F��!/o3 - . • �iG?r'. Phone No. 5:?_ . Name of Contractor .. µ?7' �'l{flS�J ......... Address . Phone No. 15.• Is chis property within 300 feet of a tidal wetland? *yes .. I.. • No. ' *If yes, -Southold Town Trustees Permit may be required. PLOT DIAGRAh4 Locate clearly and distinctly all buildings, whether existing or proposed, and. indicate all set -back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or corner lot. TATE OF NEW YORK, S.S ' OUNTY OF ........... . ..................... being duly sworn, deposes and says that lie is the applicant (Name of individual signing contract) )ove named. :isthe .............. �`l/."`_.......................................... (Contractor, agent, corporate officer, etc.) said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this plication; that all statements contained in this application are true to the best of his knowledge and belief; and that the )rk will be performed in the manner set forth in the application filed therewith. •otn to before me this 9s ............ . ...day f r .... .. , 19 ... - _ Itary Public, ....�. % . ✓.".. �/ll..... G`_ 1 County JOYCE 1N_ WILKIHS - ............... Natmy Publico Stata.of Nava Yorlt .. ........ No_495724t1,SuHolkCoueng,� fSiRnarnrr..r� .,r--•,r� Tian i w .hmw 19 1Q RECElyr- ;i 4sSi,m-edi Br40 JUN,, 1.6 1997 TOWN OF SOUTNOLD, NEW Y0_RK APPEAL F60M. BiBMSDUMO)d BUILDING INSPECTOR APPEAL NO. 9S DATE ......�a..,I16.,�I ... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1 (We) .. .R.'.. ?.......K.H.R I M 141q ........of ....�.5-2S...4ist e--c�.. ..!................ Name of Appellant Street and Number ,L 0/V 6 /:S L l4 A L> C 1 �' ........... /VEW YORK. -HEREBY APPEAL TO ............................. .alit........................... .... .... .... Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO..2. •�? Jr 7 DATED ..... .:..1.0.n..� ................. ............................... WHEREBY THE BUILDING INSPECTOR DENIED TO �... ............ Name of Applicant for permit of .45-25- Lf /sf STRC- f . JoA1C lsc.A%vo CIT->' ...lvzew .� oRt:-.....�.�1.oq.. ...................................... . ... . . .. . Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (X) PE42MIT TO kE COntS i 900 A 51/VELE FAMILI DWEJ_i/A(C 1. LOCATION OF THE PROPERTY .............................. l.... .... Street /Iamlet / Use District on Zoning Map Di strict 1000 Section Lf q Block 02 Lot 13Current Owners A�eR,zA15b1, 9RTO kNRIMMAI Map No. Lot No. P r i o r Ow n e r JuPi T 1{ La) 1qAI/1/4 2. PROVISION (5) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article XXI V Section 100-2Y280) 3. TYPE OF APPEAL Appeal is made herewith for (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 Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 q. PREVIOUS APPEAL A previous appeal _Uaea-Y-(has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for" o special permit ( ) request for a variance andwas made in Appeal No . ................................Dated...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( ) A Variance to the Zoning Ordinance ( X) is requested for the reason that +he Lot FS 0,0S n e l e_ cczn 0h1Lf �e rieCons%uc4--� ori�inc ' �z...o(�t`� uizo�>ii1�: Form ZB1 (Continue on other side) ii9 S4,2 ---o. Ch M -C REASON FOR APPEAL Continued 5 1 TRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because O 0 cur a -S 9 -o -t o cdd h &-& 4, '-Cl 4-o r ccs j, � 4-1- ct ct 0 rt Lt -",- e-, 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because Ottlt- Fr. -0 P�/' -�j as ail [P-� l 0 It- Co jq4p 0 --red 4 V f' C-/ -L-f 44Le- o�-ker- 1--,oi 4-4,e- ' 'i - 3. The Variance would observe the spirit, of the Ordinance and WOULD NOT CHANGE THE CIIARACTER OF THE DISTRICT because rT— e- s e a --o -k2 4-4Q- lo-� wc>u(d fe- Lep--& STATE OF NEW YORK ss................................................................................. COUNTY OF Signature Sworn to this ....................................... U— day of..J.,W.el ..................................... 19 .................. ............. .. ................ Ll IiC We ot Nevi 100 OR" N 4A4895S3 A Gull"' REASON FOR APPEAL Con t iruled 1. STRICT APPLICATION OF THE ORDINANCE would produce proctical difficulties or unneces- sary HARDSHIP because .. 0 t,N_ (, 0- 11 Q r S � : f � L' (� '-(_LIP Q L.c. � � � �� r, ci �: ,� .Q c:f +n, re L.(t 7C Lr7 (. C..f- j'1 (.i (C 2. The hardship created is UNIQUE and Is not shared by all properties alike In the Immediate vicinity of this property and in tills use district because {{0 u Y' ? !rr' o f: ► t? ( y tla S �.. N •c �i. 'r! ! S - v p1( Cp I�.r Cc �'C� c:I� `f� Gl. L� _l �lQ-r �� f rl-{O �,I f , E�..S % s t f"' �l j : �•[ !`] F c( -! «A C2. v I C IA / C.tP . 3. 1 -lie Variance would observe Ilia spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF 1 -1 -IE DISTRICT beCQUSe • FIA c 'V 4-001 LO �<. G, c;l'� C.k. c L,I .S f z:] S i ✓i'J� ' l 1 % ' C�,f� I = c C. C� `f-f�.�' v l of 61--L c:.� t^a t°.v. _.; }r I.(c �z.c -'<� ('L.•I r a;t.e c ...r t ere LU GL.( �Q� IJr�. JIr� J i?C.t LC.'L�-!'Gl Ci'►` � ...�� ` C % C, I"' r c�-f ;� , (. �. c' L', �' I'+ .: (_ ( (. j c':- t � .�_.- /, �• `� .;"� 1 r=' � �L.i i:; l C 1 !.4 b Cr_ IC c� �7 1.. ( 11 I STATE OF NEW YORK ��LfiGc C�Lc—yu c_ c. COUNTY OF ss .................................. .l�ncature............................... Sworn to tills......................................!e cloy of...4?z1..e...................................... 19�> .4' r+)lf is r�kl0luly C'�.1i4 q 1 a i Rt�5�,1 �d�IptgglU,t txNlld� JUN. 1 6 1997 TOWN OF SOUT11OLD, NEW YORK APPEAL rimm 61IKksb ut1iW BUIL-DI0G INSPECTOR APPEAL NO. DATE ...... 6-..),1. 1:77.... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) .. .!.. ................. l -I T` I M../.I�. ..........of ........ ....� �.....?� ....... S..!......`... �..!................ are of Appellant Street and Number O /V G. 1 S i_ /4 ✓\/' 1-D C ) ",`_ .7. ���. L.f ... y.��.N` ..1-IEREBY APP MuritclPolity -Al- TO .................................... •........ State " THE 7_oNING BOARD OF APPEALS FROM THE DECISION OF TI -1E BUILDING INSPECTOR ON ,2 > v S 7 DATED ..... $j..:..!.�.....`�' 6 APPLICATION FOR PERMIT NO. ...... WHEREBY THE BUILDING INSPECTOR DENIED TO A P /1 x A ?1 F� L - 14;)d A k: T-0 �� 1- j n, 1 /-I / /I Al ......................... 1,larne of Applicant for permit Of Jf5-2S /11st Si('rr�'.J.. J_c.. .................................................../scrlvv c'Ir7Y��✓;'.......<<..�? ... Street oncl 1,lrnriber MunicipalityStale ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( %:) P17$2A11-T 'T O k 1- C'C)jd c ! '(%C I1 >iWC�I != /-f11t91 r_Y D«� LL./N 1. LOCATION Or THE PROPIIRTY................................... .....•............................................ Street /I(a.mlet...% Use blstrlct ori Zoning Mop District: 1000 Secl:lonl{(i It1ock0l..ol: 13-Z Current Uwner{. /1 /),A13F")i Apra k�!�'Iat/i1N Iv1ap Na. Lot No............ P r i o r Ow n e r Ju n1 -h L tl 111FI roll-] 2. PROVISION (S) OF THE 7.01,111,1( ORD11-4ANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoninq Ordinance by number. Do not quote the Ordinance.) /Article X)<J')/ Secti.011 _i('()_. 2'/2 (/l -- 3. TYPE OF APPEAL- Appeal is made herewith for (please check appropr i ate box) (X) A VARIANCE to the 7oning Ordinance or Zoning Map ( ) A VARIANCE due to lack of occess (State of New York Town Law Chop. 62 Cons. Lows Art. 16 Sec. 200A Subsection 3 q, PREVIOUS APPEAL A previous oppenl ji,,es) (has not) been made wllh respect to this decision of the Building Inspector or with respect tO this property_ Such oppenl was ( ) request for o special permit ( ) request for o vorionce and was mode in Appeal No. •'•'.................Dated...................................................................... REASON FOR APPEAL_ ( ) A Variance to Section 280A StIbser_tion 3 ( ) A Variance to the 7oning Orcltnanre irequested for the reason that I itt✓ Lo,( U: 0 S�e c . i•� 54'2 r /I, ' l-i�if (^Et'CCs/,1 1-,s-LlC''k.,, O/7 ��Li/ 1?iX/ST7hJ r '1 i L, � / rGl �� 41_i. c'I <rt.. I G'� (t rt (''1 I 1 5 �,r', i, ('1 1 / i 1•t C. -. i {) l Forrn Zn! (Continue on other side) BOARD OF APPEALS : TOWN OF SOUTHOLD -----------------------------------X In the Matter of the Application AFFIDAVIT of igR-r0 it14IR-!M 1A IV (Name of Applicants) ------------------- AFFIDAVIT OF MAILING AND POSTING COUNTY OF SUFFOLK) STATE OF NEW YORK) I, %r^ c K � r i ictn, residing at A/5 -2:5 4f --i- Sfro-e- L.I. ciij New York, being duly sworn, depose and say that: Iq97 1) On the 30th day of Ju A e- 199A, I personally mailed, by certified mail return receint requested, a true copy of the attached Legal Notice, addressed to each of the following named persons at the addresses set opposite their respective names, that the addresses listed below are those shown on the current assess- ment rolls of the Town of Southold; that said Notices were mailed at the United States Post Office to each of said persons by certified mail, return receipt requested: Name of Surroundins; Property Owner Mailins; Address GEoP?q,5 W4LLIA/V1S L)CV- polq,D me r,;c- ep-v I Lis-, NJ Qg60 q n,zf-ii= _I�L�l��1 Or'–S. (�f�F-2- � � 7 MT SlN>'�i _ �1J2A�'a Po .P ®5 C J E31_ coo ,tiL sr c�r�� , - • a ,� SIsVsgr NY 1176� and, 2) On the 3rd day of J t.c Ltd 1997, I personally posted the property identified as District 1000, Section 44 , Block 2 , Lot /3 , by placing the Town's official poster ten (10) feet, or closer, from the property Line facing the street (or facing the right-of-way) , and that I have checked to be sure the poster has remained in placefor seven full days prior to the date of the public hearing ( date of hearing noted thereon to be held 10, 1997). ^ Sworn to befor me this (signature) /v �" day of 1997. Jowl~ M. vvrLttsNS f Notary Public, state of New York ' • No. 4952246, Suffolk Court N t r Public Term Expires June 12, 1974 (Please return to the oL=ice Of the Board of ADDeals when cemr— eted- Th ark you - ) I § 58-1 NOTICE OF PUBLIC HEARING § 58-1 Chapter 58 NOTICE OF PUBLIC HEARING § 58-1. Providing notice of public hearings. [HISTORY: Adopted by the Town Board of the Town of Southold 12-27-1995 as L.L. No. 25-1995. Amendments noted where applicable.] § 58-1. Providing notice of public hearings. Whenever the Code calls for a public hearing, this section shall apply. Upon determining that an application is complete, the board or commission reviewing the same shall fix a time and place for a public hearing thereon. The board or commission reviewing an application shall provide for the giving of notice: A. By causing a notice giving the time, date, place and nature of the hearing to be published in the official newspaper within the period prescribed by law. " - B. By requiring the applicant to erect the sign provided by the town, which shall be prominently displayed on the premises facing each public or private street which the property involved in the application abuts, giving notice of the application, the nature of the approval sought thereby and the time and place of the public hearing thereon. The sign shall be set back not more than ten (10) feet from the property line. The sign shall be displayed for a period of not less than seven (7) days immediately preceding the date of the public hearing. The applicant or his/her agent shall file an affidavit that s/he has complied with this provision. C. By requiring the applicant to send notice to the owners of record of every property which abuts and every property which is across from any public or private street § 58-1 SOUTHOLD CODE § 58-1 from the property included in the application. Such notice shall be made by certified mail, return receipt requested, posted at least seven (7) days prior to the date of the initial public hearing on tl�e application and addressed to the owners at, the addresses listed for them on the local assessment roll. The applicant or agent shall file an affidavit that s/he leas complied with this provision. N(TI _ SOUTHOLD TOWN BOARD OF APPEALS. THURSDAY, JULY 10;.1997 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code "of the . Town of Southold, the following applications will be held for public hearings by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 - Main 'Road. Southold, - New York,41974 on THURSDAY, JULY-10;:AM at the -- ,limes noted' below or as soon there- after as -possible): 6:50 p.m. "Appl. No. 4494= AN- TONIO PIRAINO. This -application - is based upon, the Building•; Inspec- tor's,June..1997. Actioq,,of-,Disap-: a proval,' foi a- Vm ianee=under Article : - . III, Sectiori�100-32;=Bulk''S edulq` "..for permission to place new dwelling. -with- insufficient, ftom-.;yiidLsetback - from_" right-of--way--'which;�passes,,-i through. center ;of_ applicant's prop, erty, and fora reduced"rcar''p6d's6t back. '-tion . of Property: 3637 Right., ty off the west side of Cox Neck Road, Mattituck, 1000- 113-3-23. Zone. R-80. 6:55 p.m. Appl. No. 4493 — ANDREW ' LEITIERL -This ap- plication isbasedd upon the Building InVector's. June 2, 1997 Action of Disapproval;: for -a-=Variance under Article III -A, Section 100-30A.3. of the Bulk Schedule, for permission to place new dwelling with an -insuffi- cient rear yard setback. Zone: R=40 Zone. Location of`Propertr 1720 Arrowhead:=:'Lane'_.(west side). 100-30A3 and- - 40-14'r+operty" siz ANO.Ttiis application is the April jO;1997 Alia proval issued by the BuS tor; ; fora: ,Variance . un XXIV, Section 100-244C '100-33: fot.peimission; t yard to less than the front - yard- -setback` Article III; Section. 10 title XX1v-,„Seetion;: taming to waterfront I, 40,000. sq: k -a -size cel ] 1129, STATE OF NE 4 ,OPK) SS: CS- �yL OF ' OLK) of Mattituck, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice .of which the annexed Is a printed copy, has been regular- ly published in said Newspaper once each week for weeks su cessively, commencing on Ithe77�day of 119 i0 n CWL� ;/o Principal Clerk Sworn to efore me this 7�' day of Uv,6, 19 ! - A 1`-n.�.r�t' eu 1 : by Chapter- 46;. Section. 46-18A: ;AiticC new construction:''mid-sntistantial-im- Sa . provements shallc_be elevated on pil-- . �catef8ri : � Ings. , columns.:ov sheae, Wails such. a: flout that tiiebottom o4the' 16vi; st horizon- . d'4Q R'` 'tal structural members supporting the led""b- lowest 06vaieafioor is elevated tc or-” and -Ar- .. -above the -level of the base flood so as' I 4B': peri r not to impede, the Ylow•'o£water. millaa -, Note:`. BuildiiiPenmit'..No. 22965 'dated'—August. _24; 1995": authorized= Beebj:La applicant".:.torenovate:and'iltecan, ItE `par_.f-` existing, single-family_ *elling. as.. �asL•ot;._, „applied:for.`::'_'Lpcatioa�of Property: r 4M 58365' :C:R:.. 48,'r GieenvOit-'w Neap:`.. .. AltTO; York;1000.44F2=13..-T1iis parcel con- -I BHRIIMQAN ::fol - raria 6iz ielief, based upon thaApn7 28,'1997Actioa-_ of Dis; mvak of. the• Building;:ld--. Specs rIia,.which--applit�nt;was<--de- nied a budding. permit to -.Darlene ;construction<for the -following rear, soap. a) Article XXI�;-Section?=.100 242B(1 a nonconforming,buildin' containing: a conforming ata which -has bees damaged_by fire• or other..- cause&to the extent ofmomtbanififty< (504b) penznt='of ks-fair,value-shall not be repaked or rebuilt imless•such building is made substantially to-con=- form o-con=-form to_the-height and- yard.iequire meats of the -Bulk Schedule (see Sec- tion eo-tion 300-244B_ Nonconforming .Loto —Bulk Schedule} tamsa:total:lot'.area;of2125�sq:,�. The' Boardof'Appeals:wM. at said tittie'and_pldce-hear'any":and-ah• fw sons ocrepresontaaves desiring to be heard:iri the afiovc apjilicaaons.-The: 1 above hearings-iwill;notstatt:befine.:j the, times -designated,.,Each.• file is. i adailable for'review.during"regular business, = .hours,and,written. com- mems may,.be-submitted before that hearing- is. concluded. If.. you: have questions,; please= do• not hesitate.to call 765-1809.. " Dated J"e- 21,1997. . " - BY ORDER OF THE.SOUTHOLD- ,.TOWMBOARD OF -APPEALS GERARD P.,GOEHRINGER, By Linda. -Kowalski 1044-1TJu26-• IMARY DIAM- FOSTER WTARY PUBLIC, STATE :?F ;�EW'YORK MO. ,24502. SUFFOLK CL'UNP, COMMISSION EXPIRES AUGUST 314 13�1' % bue� n -E R ' St � �Fp� n� NOTI6116OF HEARING. NOTICE IS HEREBY GIVEN that a public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York, concerning this property. If you have an interest in this project, you are invited to view the Town files) which are available for inspection prior to the day of the hearing during' normal business days between the, hours of 3 a.m. and BOARD OF APP ' EALS e TOWN OF SOUTHOLD e (51-6) 765-1809 E LtVa- t4s NCNCCAI � '(MI a if ee FLcoJ Lad Jw York State Department of Environmental Conservation ' 6uiiding 40 - SUNY, Stony Bror Iew York 11790-2356 Phone (516) 444-0405 = Fax # (516) 444-0373 6-7 March 21, 1995 Z Micfiael D. Zagata Commissioner As we discussed during our telephone conversation on March 15, 1995, please find enclosed with this letter, a copy of the section of the National Flood Insurance Regulations pertaining to "variances." I would also like to point out that granting a variance to a community's flocd damage prevention ,law is a serious decision. In determining whether or not an applicant has established an exceptional hardship sufficient to justify a variance, the local board weighs the applicant's hardship against the purpose of the ordinance. In the case of variances from a flood elevation requirement, this would mean asking which is more serious; the hardship that this individual applicant would face, or the community's need for strictly enforced regulations that protect its citizens from both the dangers and damages of flooding? Only a truly exceptional, unique hardship on the part of an individual property should persuade local officials to set aside provisions of an ordinance designed with the whole community's safety in mind. The hardship that would result from failure to grant a requested variance must be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of ones neighbors,- likewise cannot as a rule qualify as exceptional hardships. All of these problems can be resolved through other means, without granting a variance. This is so, even if the alternative means are more .expensive or complicated than building with a variance. If I can be of any further assistance in this matter, please feel free to contact me at this number (516) 444-0405. Sincerely, William F. Southard Regional Floodplain Administrator yr=�; _ _ -[�- .JF .,.7'�i ��: .,. _,t n :,<.:_;;i�ti'�.A`i._ .._.•r_ .. .,. ._„�.._, __.+.+i'V-;,,,::."."r ;. :.i d -;a•.-,?,,:: �.. _.. _-�iy.o-•.e�5:'•• w-_,a��_.. ,�. _ ., r:n?� 60.6 lent regulations for flood -related ero- ,on-prone areas sliall be based. If the ministrator has not provided suffi- [L data to furnish a basis for these ilations In a particular community, ae community shall obtain, review, 2[d reasonably utilize data available ro[n other Federal, State or other ourc s, pending receipt of data from ;ne dministraLor. However, when pecial flood -related erosion hazard rea de Ignations have been furnished f .y the ministrator they shall apply. "he b\edd ls defining such special lood rosion hazard designs - tons rth In § 64.3 of this sub- :hapter. cases the minimum re- luiremenverning the adequacy of .he floodin management regula- .ions ford -related erosion -prone areas adoby a particular commu- iity depend o i the amount of Lechni- :al data provld d to the community by tr lie Administor. Minl[num stand ards for commu fifes are as follows: (a) When the dministrator has not let identified a y area within the :ommunity as iia ng special flood-re- ated erosion haza s, but the commu- iIty has Indicate the presence of ;uch hazards by sit [nlLtlng 'an appll- :ation to participate !n Lhe Program, the community shall (1) Require the lssu nce of a permit :or all proposed constr ctlon, or other deve lent In the are of flood -relat- ed a in hazard, as 1 Is known to the community; (2) Require review of no h' permit ,application to determine hether the propose() site alterations a d Improve- ments . will be reasonably safe from flood-relaLed erosion and will not cause flood -related erosion Fards or otherwise aggravate the exist g flood - related erosion hazard; and (3) If a proposed improve ent is found to be In the path of floo-relat- ed erosion or to Increase the osion hazard, require the Improvement to be relocated or adequate protective eas- ures to be taken which will nota ra- vate the existing erosion hazard. ,(b) When the Administrator' has e- llneated Zone E on the communit 'e FIRM_ the community shall ;.(1) Meet the requirements of para Graph (n) of this section; and 44 CFR Ch. 1 (10-1-86 Edition) '2kRequlre s setback for all new de- velop ent from the ocean, lake,' bay, rlverfr t or other body of water, to cieate a afety buffer consisting of a natural v etative or contour strip. This buffer will be designated by the Adminlstrato according to the flood - related eroslo hazard and erosion rate, In conjunct n with the anticipat- ed "useful life" o tructures, and de- pending upon the ge logic, hydrologic, topographic and clim tic characteris- tics of the communit 's land. The buffer may be used for Itable open space purposes, such as for grlcultur- al, forestry, outdoor recrea onarnd wildlife habitat areas, and fo ot)ner activities using temporary andorta- ble structures only. (41 FR 46975, Oct, 26, 1976. Redesignated k 44 FR 31177, May 31, 1979, and amended at\ 48 FR 44552, Sept. 29, 1983; 49 FR 4751, Feb. 8, 19841 d 11 60.6 Variances and exceptions. (a) The Administrator does not set forth absolute criteria for granting variances from the criteria set forth in § 160.3. 60.4, and 60.5. The Issuance of a variance Is for flood plain manage- ment purposes only. Insurance premi- um rates are determined by statute ac- cording to actuarial risk and will not be modified by the granting of a vari- ance. The community, after examining the applicant's hardships, shall ap- prove or disapprove a request. While the granting of variances generally Is limited to a lot size less than one-half acre (as set forth In paragraph (a)(2) of this section), deviations from that limitation may occur. However, as the lot size Increases beyond one-half acre, the technical justification required for issuing a variance increases. The Ad- ministrator may review a community's findings justifying the granting of var- lances, and If that review Indicates a pattern inconsistent with the objec- tives of sound flood plain manage- ment, the Administrator may take ap- propriate action under § 59.24(b) of this subchapter. Variances may be Issued by a community for the recon- struction, rehabilitation or restoration of strucLures listed on the National Register of Historic Places or a State Inventory of Historic Places, without Federal Emergency Management Agency regard to the procedures set forth In --,* (7) Variances may be .lss this section. Procedures for the grant- community for new constkd Ing of variances by a community are as substantial lmprove[iietiis follows: other development needs§kr -- j (1) Variances shall not be Issued by a conduct of a functionally .`I community within any designated reg- use provided that (1) the :f ,ulatory floodway If any Increase In paragraphs (a)(1) through' flood levels during the base flood dis- this section are met, and (II) charge would result: Lure or other development Is i '(2) Variances may be Issued by a by methods that minimize f community for new construction and ages during the base flood is substantial Improvements to be erect- no additional threats to pub ed on a lot of one-half acre or less in a tt omen size contiguous to and surrounded by lots with existing structures construct- ed below the base flood level, In con- formance with the procedures of para- graphs (a) (3), (4), (5) and (6) of this section; --� (3) Variances shall only be Issued by a community upon (1) a showing of good and sufficient cause, (11) a deter- mination that failure to grant the variance would result in exceptional hardship to the applicant, and (111) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public ex- pense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or or- dinances; --� (4) Variances shall only be Issued upon a determination that the varl- ance is the minimum necessary, con- sidering the flood hazard, to afford relief; -� (5) A community shall notify the ap- plicant In writing over the signature of a community official that, (1) the Issu- ance of a variance to construct a struc- ture below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage and (ii) such construction below the base flood level increases risks to life and property. Such notification shall be maintained with a record of all variance actions as required in para- graph (a)(6) or this section; and (6) A community shall (i) maintain a �! record of all variance actions, includ- ing justification for their Issuance, and (Il) report such variances issued in Its annual or biennial report submitted to the Administrator. e r q� f od-prone mudslide (i.e.;•'hiddtI�li.jY. pr ne, and flood-relaLed erosloii� "'• �' ' co[ munity must adopt and ade unto flood plain manage, erltrld ulat ns as it condition of Iriltliil'°I►I�1'' .,. -• conLI tied flood Insurance ell It: statut ry and cannot be waiveil,;y{� such r . ulations shall be adopi.ed;'[l commit ILy within the tine.' �i6t`(otii�:,¢`;'';;::' speclfle In §§ 60.3, 60.4 or !) 80,5:- ever, ce Lain exceptions frottl.. standards contalneci In Lhls . slllik%i'�'>'; may be pe nitted where the Adm trator reco Izes that, because' oir:,ei�• �', ;:F.,at traordinary Ircumstances, local Cotit�l;'`:,s`,� ani Lions may r rider the applicatiotitil"; certain stands ds the cause for severe hardship and (, oss Inequity fora titular commu ity. Consequently;;{`, community prop sing the adoptlorixoi flood plain man gement regullit� which vary from the standatds `�etr','; forth In §§ 60.3, 6 .4, or 160.6 explain In writing o the Adrrilh�sCra;, a r" sc`f for the nature and xLent of at[d:=t��erftyK;,k,� reasons for the exce tion request";uta •:: •,, , , shall Include sufflcien supporting e¢o,.' ;%f nomlc, environmenta topographic,'°'.;' hydrologic, and other scientific' technical data, and dat with resp cut, c-, rr LK.;c to the impact on public s fety and environment. +cr:. (2) The Administrator A 11 ptepatek� -`,; • u a Special Environmental C, arance-°io;a;:y=,;, determine whether the prop al for inti, exception under paragraph b)(1)''of` 'k o this section will have sl Iftcaiit .:;, , ,, impact on the human envlr merit=�;,^ The decision whether an Envirmen•'';•;';;:` r;< Lal Impact Statement or other envl- ronmental document will be prep red,.,-, will be made in accordance with the .' s�fii•� procedures set out In 44 CFR Part 10. Nlnety or more days cony be requl d f for an environmental quallLy clearan e If the proposed exception will have sl APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen James Dinizio, Jr. RA)6XK Lydia A. Tortora Maureen C . Ostermann BOARD OF APPEALS TOWN OF SOUTHOLD S,E.Q.R.A. TYPE II ACTION DECLARATION Southold Town Hall 53095 Main Road P.O. Box •1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 July 10, 1997 Appeal No. 4495 Variance & No. 16 Flood Plain Project/Applicants: Arto Khrimian County Tax Map No. 1000- 44-2-13 Location of Project: 58365 C.R. 48, Greenport, NY Relief Requested/Jurisdiction Before This Board in this Project: Reconstruct dwelling more than 50% of its fair value and new construction and substantial improvements shall be elevated on pilings 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, 19901. - Although this action is classified as Type II for this variance application under SEQRA {specifically 617.13, 616.3(j), 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. JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER �� 2J► o � N%Z �oA • o��s ol OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: SOUTHOLD TOWN ZONING BOARD OF APPEALS FROM: JUDITH T. TERRY, SOUTHOLD TOWN CLERK Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 RE: FLOOD PLAIN APPEAL NO. 16 AND ZONING APPEAL NO.4495 DATE: JUNE 16, 1997 Transmitted is an application for a flood plain management appeal and variance submitted by Arto Khrimian together with Zoning Board of Appeals Questionnaire; Short Appeals Questionnaire, Short Environmental Assessment Form; survey; and other _relevant documents. • r� Judith -T Terry: Southold Town Clerk New York State Department of Environmental Conservation Building 40 - S.U.N.Y, Stony Brook, New York 11790-2356 Telephone (516) 444-0365 Facsimile (516) 444-0373 September 2, 1994 Arto Khrimian 45-25 41st Street Long Island City, NY 11104 Re: 1-4738-00851/00001-0 Dear Mr..Khrimian: AM Iowa Langdon marsh commissioner This is in reference to your request to reconstruct an existing single family dwelling. The Department has reviewed your request and there is no objection to the project. Please verify in writing if the existing sanitary system is to be reconstructed. If so, show the system location on the survey; include the test hole location; date and time taken; test hole data including distance to groundwater. A cross view diagram must show the structural component dimensions, separation distance between components and seasonal high groundwater elevation (minimum 2 feet above is required). If.the system is to remain as is please verify. Upon receipt of the above information a permit may be issued. If you have further questions please call me at 444-0365. Very truly yours, Marilyn E. Peterson Environmental Analyst I MEP: cg to K h.rimian 46-25 418T Street, Dong Island City, NY 11104-3410 Telephone: 718-937-7660 Facsimile: 718-937-7660 Attn.: Ms. MARILYN PETERSON September 12, 1994 Ms. Mariyln E.Peterson Environmental Analyst I NYS Department of Environmental Conservation Building 40, S.U.N.Y. Stony Brook, NY 11790-2356 Facsimile Communication To 516-444-0373 From : 718-937-7660 Re: 1-4738-00851/00001-0 Dear Ms. Peterson: Thank you for to your letter dated September 2, 1994. In reference to your question, please note that there will be no reconstruction of the sanitary system. We will be continuing to use the existing sanitary system. s Once again, thank you very much for your time and assistance. Very truly yours, Arto Khrimian New York State Depar�:ant of Environmental ConsarVation Building 40 - S-U-N.Y, Stony Brook, Nev .York 11790-2356 Telephone (516) 444-0365 Facsimile (516) 444-0373 L September 8, 1994 Mr. Arto Khrimian 45-25 41st Street Long Island City, NY 11104 Langdon harsh commissioner RE: 1-4738-00851/00001-0 Dear Permittee: .In 'conformance with the requirements of the State Uniform Procedures Act (Article 70, ECL) and its implementing regulations (6NYCRR, Part 621) we are enclosing your permit. Please read all. conditions carefully. If you are unable to comply with any conditions, please contact us at the above address. Also enclosed is a permit sign which is to be conspicuously posted at the project site and protected from the weather. Very truly yours, �arlyn I eterson Environ ental Analyst I MEP: cg enclosure NEl) ""'K STATE DEPARTMENT OF ENVIRONMENTAL CONSE-'---1ON DEC PERMIT NUMBER EFFECTIVE DATE 1-4738-00851/00001-0 Am September 8, 1994 FACILITY/PROGRAM NUMBER(S) P E MI T EXPIRATION DATES) Under the Environmental September 30, 1997 Conservation Law TYPE OF PERMIT ■ New 0 Renewal 0 Modification ❑ Permit to Construct 0 Permit to Operate - - Article 27, Title 7; 6NYCRR 360: Solid Waste Management Article 27, Title 9; 6NYCRR 373: Hazardous Waste Management Article 34: Coastal Erosion Management Article 36: Floodplain Management Articles 1, 3, 17, 19, 27, 37; 6NYCRR 380: Radiation Control 0 Article 15, Title 5: Protection of Waters 0 Article 15, Title 15: Water Supply 0 Article 15, Title 15: Water Transport ❑ Article 15, Title 15: Long Island Wells ❑ Article 15, Title 27: Wild, Scenic and Recreational Rivers n nr1.— U OKi1:KK CUD: water uuaL!ly Certification 0 Article 17, Titles 7, 8: SPDES 0 Article 19: Air Pollution Control 0 Article 23, Title 27: Mined Land Reclamation 0 Article 24: Freshwater Wetlands ■ Article 25: Tidal Wetlands PERMIT ISSUED TO ADDRESS TELEPHONE NUMBER Arto Khrimian (718) 437-7660 ADDRESS OF PERMITTEE DATE 45 -25 -41st Street 11 Long Island City, NY 11104 Page 1 of 4 CONTACT PERSON FOR PERMITTED WORK TELEPHONE NUMBER Same NAME AND ADDRESS OF PROJECT/FACILITY Khrimian Property 58365 County Road 48 LOCATION OF PROJECT/FACILITY Greenport, NY 11944 COUNTY TOWN WATERCOURSE NYTM COORDINATES Suffolk Southold Long Island Sound DEBMIPTICN CF A JFI MIZ® ACTIVITY Reconstruct single family dwelling on existing concrete foundation. All 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 page 2) and any Special Conditions included as part of this permit. REGIONAL PERMIT ADMINISTRATOR: ADDRESS Robert A. Greene Bldg. 40 SUNY, Room 219, Stony Brook, NY 11790-2356 AUTHORIZED SIGNATURE DATE 11 1 September 8, 1994 Page 1 of 4 Inspections 1. The permitted site or facility, including relevant records, is subject to in- inspection at reasonable hours and intervals by an authorized representative of the Department of EnviromrBntal Conservation (the Department) to determine whether the permittee is caTplying with this permit and the ECL. Such represen- tative rrey order the v%ork suspended pursuant to ECL 71-0301 and SADA 401(3). ,copy of this permit, including all referenced maps, drawings and special conditions, crust 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. F"Ienenels 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 regula- tions is found; b)- the permit ms obtained by misrepresentation or failure to disclose relevant facts; c) ne�vmaterial "information is discovered; or d) enviromiental conditions, relevant technology, or applicable law or regulation have materially changed since the permit vies issued. 3. The permittee must submit a separate written application to the Department for renenel, modification or transfer of this permit. Such application must include any fours, fees or supplarental information the Department requires. Any renenel, modification or transfer granted by the Departrrentrrust be in writing. 4. The permittee rrust sutrnit a reneAeI application at least: a) 180 days before expiration of permits for State Pollutant Discharge Elimination Systan (SPDES), Fbzardous Vlbste rvbnagenent Facilities (W ff), major Air Pollution Control (APC) and Solid Vlbste Nbnage mnt Facilities (S/WF) ; 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 teras, conditions or requiremnts contained in such order or determination. Other Legal Cbligations of Permittee 6. The permittee has accepted expressly, by the execution of the application, the full legal responsibility for all damages, direct or indirect, of whatever nature and by vha-mver suffered, arising out of the project described in this permit and has agreed to indamify and save harmless the State from suits, actions, dareges and costs of every narre 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 v\ork nor does it authorize the irrpa i mient 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. 2 of 4 j 95-246a (7192)-25c ADDITIONAL GENERAL CONDITIONS FOR ARTICLES 15 (Title 5), 24, 25, 34 and 6 NYCRR Part 608 ( Tidal Wetland ) 10 iE 12 That if future operations by the State of New York require an al- teration in the position of the structure or work herein authorized, or if, in the opinion of the Department of Environmental Conservation 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 thereby without expense to the State, and if, upon the expiration or revocation of this permit, the structure, fill, excavation, or other 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. 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 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. Granting of this permit does not relieve the applicant of the responsi- bility of obtaining any other permission, consent or approval from 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. All necessary precautions shall be taken to preclude contamination of any wetland or waterway by suspended solids, sediments, fuels, solvents, lubricants, epoxy coatings, paints, cbncrete, leachate or any other environmentally deleterious materials associated with the project. 13. 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. 14 There shall be no unreasonable interference with navigation by the work herein authorized. 15. 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 all 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 New York on account of any such removal or alteration. 16. If granted under 6 NYCRR Part 608, the NYS Department of Environ- mental Conservation hereby certifies that the subject project 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. 17. Ail 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 SPECIAL CONDITIONS Arto Khrimian on 5/26/94 1. During construction, concrete or leachate shall not escape or be discharged, nor shall washings from transit mix trucks, mixers, or other -devices enter tidal wetlands and or protected buffer areas. 2. 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. No debris is permitted in tidal wetlands and or protected buffer areas. 3. The storage of construction equipment and materials shall be confined to within the project work site and or upland areas greater than 75 linear feet from the tidal wetland boundary. 4. Roof runoff shall be directed to drywells a minimum of 75 feet landward of the tidal wetland boundary for immediate on-site recharge. Supplementary Special Conditions (A) through (F) attached DI.0 PERMIT NUAABER 1-4738-00851/00001-0 PROGRAWFACII.ITY NUMBER Page _ — of __1L__ SUPPLEMENTARY SPECIAL CONDITIONS The Following Conditions Apply To All TIDAL WETLANDS; FRESHWATER WETLANDS; COASTAL EROSION MANAGEMENT; and WILD, SCENIC, and RECREATIONAL, RIVERS PERMITS: A. A copy of this permit, including all conditions and approved plans, shall be available at the project site whenever authorized work is in progress. The permit sign enclosed with the permit shall be protected from the weather and posted in a conspicuous location at the work site until all authorized work has been completed. B. The permittee shall require that any contractor, project engineer, or other person responsible for the overall supervision of this project reads, understands, and complies with this permit and all its general, special, and supplementary special conditions. Any failure to comply precisely with all of the terms and conditions of this permit, unless authorized in writing, shall be treated as a violation of the Environmental Conservation Law. If any of the permit conditions are unclear, the permittee shall contact the Division of Regulatory Affairs at the address on page one or telephone (516) 444-0363. C. If project design modifications become necessary after permit issuance, the permittee shall submit the appropriate plan changes for approval by the Regional Permit Administrator prior to undertaking any such modifications. The permittee is advised that substantial modification may require submission of a new application for permit. D. At least 48 hours prior to commencement,of the project, the permittee and contractor shall sign and return the top portion of the enclosed notification form certifying that they are fully aware of and understand all terms and conditions of this permit. Within 30 days of completion of the permitted work, the bottom portion of that form shall also be signed and returned, along with photographs of the completed work and, if required, a survey. E. For projects involving activities to be undertaken in phases over a period of more than one year, the permittee shall notify the Regional Permit Administrator in writing at least 48 hours prior to recommencing work in subsequent years F. The granting of this permit does not relieve the permittee of'the responsibility of obtaining a grant, easement, or other necessary approval from the Division of Land Utilization, Office of General Services, Tower Building, Empire State Plaza, Albany, NY -12242 (516) 474-2195, which may be required for any encroachment upon State-owned lands underwater. DEC PERMIT NO. 1-4738-00851/00001-0 Page 4 of 4 95-20-1 (8187)-9d New York State Department of Environmental Conservation � NOTICE Am Iowa The Department of Environmental Conservation (DEC) has issued permit(s) pursuant to the Environmental Conservation Law for work being conducted at this site.- For further information regarding the nature and extent of work approved and any Departmental conditions on it, contact the Regional Permit Administrator listed below. Please refer to the permit number shown when contacting the DEC. Regional Permit Administrator Permit Number • DO /�v ROBERT A. GREENQ Expiration Date?*- 30 - !F7 NOTE: This notice is NOT a permit �,..!.,!Z.,� « Ic1v(,rlvlrlvl I�r c;ulVSllj(I 'TION .ETURN THIS FORM To: Regional Manager Bureau of Marine Habitat Protection AL New York State Department of Environmental Conservation Bldpt 40, SUNY, Room 223 Stony{,Brook, N. Y. 11790-2356 Thanr i0. AIn� ComnJdbna 'ERMIT NO.: ISSUED TO: CONTRACTOR NAME: ADDRESS TELEPHONE Dear Sir: •_ Pursuant to Supplementary Special Condition D of the referenced permit, you are hereby notified that the authorized activity shall commence on _ . We certify that we havo road the referenced pornit and approved flans, and fully undorstand the authorized project anti all porrnit conditions. Wo have inspected the project silo and can compioto the project as described in the porrnit anti depicted on the approvod plans in full compliance with all plan notes and porrnit conditions. The Permit siun, permit, and approved plans will he available at ilio site for inspection in accordance with General Condition No. 1. PERMITTEE CONTRACTOR DATE DATE 77115 NOTI(.•K MUST BI( SUNT TO T/IK AIIOVIf ADDRIUS AT 1.1fAST TWO DAYS IN ADVANCK OF COAIAIKNCRAWNT OF 771H PROJKC7. F'.Il1.I/1lK TO RRIVIIN 7111S NO)7('l(, I'OST 711tt PImAtl7- mN, Oil ImI'm 7111 PICIMI ' AND AI'1'ROI'l(I) J7ANS AV AiIAHI.K AT7 IM WORK 51771 1114 Y SI/BJUCT 7711( 1'l(HAfll7'!(K ANI)J(►R CON7KA(:7'/)H 7Y) AI'MUMBIJI &INCUONS AND MOVA .77KS FOR NON• (:OMIJANCH W1771 14111InT CONWT/ONS. •• • .�• •• ..---------------.-. _-.---eve-. ve�esaeeven—vvsee�e:e=veec. �connnsaanovAW+�%- 1VnTlCE PF C-04IPLErII)N QF �NSTRUCT(QN RETURN T111S FORM TO: Regional Manager Bureau of Marine I labitat Protection Now York State Department of Environmental Conservation Oldfj. 40, SUNY, Room 223 Stony Brook, N. Y. 11790-2356 Tknnow c. J.,rne PERMIT NO.: ISSUEDTO: CONTRACTOR NAME: ADDRESS TELEPI IONE Dear Sir: Pursuant to Supplementary Special Condition D of ilia referenced permit, you are Hereby notified that lite authorized activity was completed on We have fully complied with ilia terms and conditions of ilia permit and approved plans. PERMITTEE DATE CONTRACTOR DATE 11115 Nl►UCH, W11•ll ►'110111N1RAPIIS OF CO UJIBIED WORKANIVOR A COUITHIND SUMP. AS APPROPRIAIB, HU.ST U SUNT IV 7118 ABt)YK ADDRILSS IYI77llN 301L1 YS l/N CO®I!%JillON OF IIIR 1,ROJIi(.I: NAII.UItK 1(1 Dl)SO {YIU. RILSULT IN A COAIIIIJANC1l INSI7ll:1'll1N BY NY.SoI!(.' STAFF. *&&. An as•bu1/1 survey Is required fur the fi,llowing calegorles Rf new construction: single famlty dwellbigs and additions, septk systems, deck, pools, bulkhtads arki other shoreline stabilization shkclures. GONC. WALK 1 1 MIDDLE ROAD. �._uT".PL:AN-.. SCALE A::II .:T:.III l n,:., I. r �d7J�y�;/ NO DATG • � ,.::� ;.�-, . t SI..AtiID Sout�tD _ll-:o_NG HIGH WATLR LINA 1216184 N70 -3K`2 e7lE.5-o CnNGRP-Tt WALL • � I Goj.1G. WALK. _ `j cSiZN�tousa I� ��. r;:•11 S.UN ROOM .. .. ... : .Y IWt,8 I I. 1— STORY 4 FRAME. ttousp— $ GONC. WALK 1 1 MIDDLE ROAD. �._uT".PL:AN-.. SCALE A::II .:T:.III l n,:., I. r �d7J�y�;/ NO DATG ��15TI SEAL ��. r;:•11 1l,, .. .. ... : .Y IWt,8 . A 1 \� � �• '- �'.:. - .! '�,'.:u (y�; -Irl �r,.+l;li' Yl �� �'i� �'•�•'•�V't RE•. fk� \�,,j�,a� . ��15TI SEAL Board Of Southold Town Trustees SOUTHOLD, NEW YORK PERMIT NO....................7....... DATE: ... .4./. 2.7./.9.5........... S `d�ISSUED T ......... ART.O.... KHF.IMIAN........................................................................... Aut uit ttitiln Pursuant to the provisions of Chapter 615 of the Laws of R the State of New York, 1893; and Chapter 404 of the Laws of the ' State of New York 1952• and the Southold Town Ordinance en- titled "REGULATING AND THE PLACING OF OBSTRUCTIONS i� IN AND ON TOWN WATERS AND PUBLIC LANDS and the 'I REMOVAL OF SAND, GRAVEL OR OTHER MATERIALS FROM LANDS UNDER TOWN WATERS;" and in accordance with the Resolution of The Board adopted at a meeting held on .41.2.7195........ <<!� 19..9.5....., and in consideration of the sum of $15.0..0.0.. .... paid by s. .- Ur.al....T.algat...for...ARTO...KHRIMIAN............................................................... a of ................ Gr..eenpQ.r.t.............................................. N. Y. and subject to the .i! Terms and Conditions listed on the reverse side hereof, y of Southold Town Trustees authorizes and permits the following: Wetland Permit to renovate exist. wood struct. with a concr( y! block foundation, & a glass frame struct. (greenhouse) on a cont a+ slab. Renovate entire structure to encompass wood frame struct. glass framed structu. under one new roof, liveable floor area not to beall in accordance with the detailed specifications as presented in a, incre*a cdriginating application. a IN WITNESS WHEREOF, The said Board of Trustees here- ' by causes its Corporate Seal to be affixed, and these presents to al be subscribed by a majority of the said Board as of this date. S; : .................................. U.:............ •...................... :............................................ y ! O��• �� G'.V.IG l..7?-...... .T.......�....L.��/! .. tees ��9a.�a.�t�...�.L•.,.,�r'.:�:....�....M�..r.c�4 rd,r,'<-.. a y��. �.e. _r_�___,—_ —_ s:�i r,A C:Ep{f�.,•^.� �,:�tAi '1 �'v q `�s✓tip:` �,� '� �/n.�,�•:4 i�_� Irk' �;.� /:,.v. -� TERMS and CONDITIONS The Permittee residing at. 58365 (',n„n+tr R.,ad 48�—G:r1gg14p9;•t N. Y., as part of the consideration for the issuance of the Permit does understand and prescribe to the fol- lowing: 1. That the said Board of Trustees and the Town of Southold are released from any and all damages, or claims for damages, of suits arising directly or indirectly as a result of any oper- ation performed pursuant to this permit, and the said Permittee will, at his or her own expense, defend any and all such suits initiated by third patties, and the said Permittee assumes full liability with respect thereto, .to the complete exclusion of the Board of Trustees of the Town of Southold 2. That this Permit is valid for a period of 24 mos. which is considered to be the estimated time required to complete the work involved, but should circumstances warrant, request for an extension may be made to the Board at a later date. 3. That this Permit should be retained indefinitely, or as long as the said Permittee wishes to maintain the structure or project involved, to provide evidence to anyone concerned that auth- orization was originally obtained. 4. That the work involved will be subject to the inspection and approval of the Board or its agents, and non-compliance with the provisions of the originating application, may be cause for revocation of this Permit by resolution of the said Board. 5. That there will be no unreasonable interference with navigation as a result of the work herein authorized. 6. That there shall be no interference with the right of the public to pass and repass along the - beach between high and low water marcs. 7. That if future operations of the Town of Southold require the removal and/or alterations in the location of the work herein authorized, or if, in the opinion of the Board of Trustees, the work shall cause unreasonable obstruction to free navigation, the said Permittee will be required, upon due notice, to remove or alter this work or project herein stated without expenses to the Town of Southold. 8. Tbat the said Board will be notified by the Permittee or the completion of the work auth- orized. 9.. That the Permittee will obtain all other permits and consents that may be required sup- plemental to this permit which may be subject to revoke upon failure to obtain same. j-. Albert J. Krupski. President John Holzapfel, Vice President William G. Albertson Martin H. Garrell Peter Wenzel April 27, 1995, Ural Talgat 436 7th Street Greenport, NY 11944 Re: ARTO KHRIMIAN SCTM #44-2-13 Dear Mr. Talgat, BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1892 Fax(516)765-1823 The following action was taken by the Board of Town Trustees during its regular meeting held on April 27, 1995 regarding the above matter: WHEREAS, Ural Talgat on behalf of 'ARTO KHRIMIAN, applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated March 21, 1995 and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on April 27, 1995, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the -Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standard set forth in Chapter 37-18 of the Southold Town Code, which will be listed.on a separate page, and, WHEREAS, the Board has -determined that the project as proposed will not affect the health, safety and general welfare of'the people of the town, NOW THEREFORE BE IT, RESOLVED, that the Board of Trustees approves the application of ARTO KHRIMIAN to renovate an existing building which includes a wood structure with a concrete block foundation and a glass frame structure (greenhouse) on a concrete slab. Applicant wishes to renovate the entire structure which includes encompassing the wood frame structure and the glass framed structure under one new roof using original footprint and foundation. The liveable floor area of the existing building, with the renovations, will not be increased. Located: 58365 County Rd. 48, Greenport. SCTM #44-2-13 Permit to construct project will expire two years from the date it is signed. Fees must be paid, if applicable, and permit Issued within six months of the date of this notification. Two inspections are required and the Trustees are to be notified upon completion of said project. FEES: Very truly yours, Albert J. Zjki, Jr. President, Board of Trustees AJK/djh cc. CAC Bldg. Dept. sOUTHOLLo THUSTLLS No. Issued 'rDate Address.S10(pr CoQwu te�- &12-45-&A�A THIS NOTICE MUST BE DISPLAYED DURING CONSTRUCTION TOWN TRUSTEES OFFICE,TOWN OF SOUTHOLD SOUTHOLD, N.Y. 11971 TEL.: 765-1892 � Afto Khrimian I, 4.5-25 41st Street, #4 Long Island City, NY 11104-3410 Telephone: 718 937 7660 Fax: 718 937 7660 Mr. M. Paul Campagnola Permits Engineer Suffolk County Department of Public Works 335 Yaphank Avenue Yaphank, NY 11980 Dear Mr. Campagnola: Re: Property Located @ CR 48, Southold S. C. Tax Map # 1000-44-02-13 ovi June 5, 1997 URGENT b As we had discussed the encroachment of our property into the County Road 48 by 3.1 to 3.6 feet, in our earlier correspondence and several telephone conversations; it has now become clear to us that we need to reconstruct our house behind the property line to remedy the encroachment. We intend to reconstruct six inches further inside from the property line, in addition to cutting back the foundation for the encroachment. Would you please confirm in writing that the additional six inches meets with your approval. Your prompt response will be greatly appreciated as we will have to present your letter to the Southold Town Zoning Board of Appeals. Thank you very much four your assistance. Sincerely, L Arto Khrimian -he N -Y -S. ..:v'__=nmenta'_ Quality Review act requires submission of ...._s form, .and an review wil'_ :,e mdde :.v t.._s L)oard before anv action is taken. SHORT ENV aONMENTAL ASSESS'tENT FORM INSTRUCT_ONS: (a) In order =o answer the questions in this short EAF it is assumed that t o prevarer will use currently available information concerning the project and -:-.a like!,., impacts of lite action. It is not expected that addit'_cnal studies, research or other investigations will be undertaken. (b) IF anv question has been answered Yes tate project may be sic - nidica^_t and camnletad Environmental assessment Form is necessary. (c) I`' all questions have been answered No it is likelv t.'iat the project is not significant. (c) Environmental Assessment 1. Will project result in a large physical change to tate project site or phy#callv'alter more / than 10 acres of land? YV es : NO Z. Will there be a major change to any unique or unusual land form on the site? Yes ✓ Vo 3. Will protect alter or have a large effect on an e_lcisti^.q body or water? '_'es V11To 4. Will project have a potentially large impact an groundwater quali _ v? _yes LAio Will projact s_.,:._==cantly er=ect crainace flow orn, adjacent sitas? Yes "No Will?roject a_ffect any threatened or endangered p1 ant or, animal specias? Yes yVo 7. Will pra ject result i.tt a major adverse effect on a_r cual_ty? Yes 11�140 3. Will project have a major effect on visual char- acter of � t:ece.—r.tity or scenic views or vistas {.-town to be important to the community? Yes b/�10 9. Will project adversely impact any site or struct- ure of historic, pre -historic, or paleontological importance or anv site designated as a critical envi=camental area by a Local agencv? Yes 1./ No 10. Will project have a major effect on axisting or future ==_creational opportunities? Yes E1/110 Ll. Will project result in major traffic problems or cause a major et_fact to elcistiag transpor-at4on systems? '_'es VYo Will project regularly cause objectionable odors, - noise, glare, vibration, or electrical disturb- ance as a result of the project's aceration? Yes t/X10 11. Will. ?ro=ect have anv impact on public health or sa=aty? _res blIC 14. will project affect the existi:.g community by directly causing a growth in permanent locula- tion or ware than 5 percent over a one -_mea_• 'gas 11-110 or have a major negative effect on the —' c:^.aractez of the ccram nitJ or aeighboraood? Is there public controversy concerning the project? _Yes 1/To 2reparer'3 Signature: Represe^.ti :g; f�R (M f AN Data: 2 /0, 7 ` ZB�. 4/75 — . QUEST:CNNAIRE ECR FILING WTTti YCUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description,of their interests: (Separate sheet may be attached.) 148,9 KEtfP_1M1J4 44-7-0 K 4 A- J M 14 N B. Is the subjec- premises listed an the real estate market for sale or being shown to prospective buyers? ( ) Yes (X } No. ( f. Yes, _ - a at -:ch comy cif "Fend i}J on -s" of sale. ) C. Are there =7 -.= posals to mange ti -r alter land ctntcu ;? { ) Yes ( X) No D. 1. Are there any areas which conta—ir, wetland grasses? SO Z. Are the wetland areas sacwn on the map submitted with this application? 3. Is t epr:,per� r bul lzaeaded between the wetlands area and the up 1. and I-uildiag area? M k, 4. If your =Tcrer—,_ r cont.ns wetlands or pond areas; have you cantactad the Office of. the mown Trustees for its dete=inaticn of jurisdiction? IV jq. E. Is there a deprassicn or sicping elevation near the area of proposed ccast==. an at or below five feet above mean sea I level? Ai (If: not armlicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fen^; -s which exist and are act slhcwn cn the survey man that you Pr— submitting? NoAfE If. none exist' please state "none." G. Do you have any constz-act-Lan taking place at this time concerning your premises? NO If yes, Please submit a copy of your building per it and map as approved by the Bt:il ding Derar=zient. If none, please state. I. Do you or any co-owner also awn other land close to this parcel? /VO I. yes, please e=iain where or submit copies of deeds. I, Please 1_st present use or cgeraticns conducted at this parcel Z2L.r_ L©Als j RUCT1OfV (`T� and prOpCSed Use 'RC-Can/ST42VC_r1OA( OF SIMGLE FyjLjILy D-WELLfNCp , CCN 4Af 61/2197 Auzacrized S_; na '_'-e ant Daze 3/87, 10/901k /Al1'P.ai E LS BOARD MEMB� RS d P. Goehringer, Chairman Serge Doyen James Dinizio, Jr. RM@MMl Lydia A. Tortora Maureen C. Ostermann TRANSMITTAL LETTER BOARD OF APPEALS TOWN OF SOUTHOLD TO: Office of the Building Inspectors FROM: Office of the ZBA DATE: 11- a- � 997SUBJECT: Pending Applications for Building Permits/Other Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Please find attached copies of the following determinations rendered by the Board of Appeals for your files or pending permit application files. If you have any questions, please call or stop by our office. Enclosures Co2� APPEALS BOARD MEMBER; Gerard P. Goehringer, Chairman Serge Doyen James Dinizio, Jr.. Lydia A. Tortora Maureen, C- Ostermann BOARD OF APPEALS TOWN OF SOUTHOLD July 28, 1997 BY FACSIMILE TRANSMISSION AND REGULAR MAIL Mr. Arto Khrimian 45-25 41st St. Long Island City, NY 11104-3410 Re: Appl. FL -16 & 4495V - C.R. 48, Greenport Property Dear Mr. Khrimian : Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Enclosed please 'find a copy of the Appeals Board's four-page determination rendered at its July 24, 1997 meeting. A copy has today been forwarded to the Building Inspector's Office for their files and update. You may wish to, contact the new Inspector -in -Charge, Ed Forrester of the Building Department directly (765-1802) as a follow-up on the next step. Very truly yours, Linda Kowalski Enclosure Copy of Decision on 7 / 28 to: Building Department -'.y..`.'t �_.:, ..�.. .�. ^' - •'Y.''.'iY^int '7• .Y- 'S_ ..' _y - y��:..G.c_..:H. - _ o - y D z BOARD OF APPEALS TOWN OF SOUTHOLD July 28, 1997 BY FACSIMILE TRANSMISSION AND REGULAR MAIL Mr. Arto Khrimian 45-25 41st St. Long Island City, NY 11104-3410 Re: Appl. FL -16 & 4495V - C.R. 48, Greenport Property Dear Mr. Khrimian : Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Enclosed please 'find a copy of the Appeals Board's four-page determination rendered at its July 24, 1997 meeting. A copy has today been forwarded to the Building Inspector's Office for their files and update. You may wish to, contact the new Inspector -in -Charge, Ed Forrester of the Building Department directly (765-1802) as a follow-up on the next step. Very truly yours, Linda Kowalski Enclosure Copy of Decision on 7 / 28 to: Building Department -'.y..`.'t �_.:, ..�.. .�. ^' - •'Y.''.'iY^int '7• .Y- 'S_ ..' _y - y��:..G.c_..:H. - _ REASON FOR APPEAL 6. Good and sufficient cause exists for the granting of the relief requested for the following reasons-. 1.1 V C):S 'T It i % 3 C< .1 it, AC t 4? 1.1t D j't 4-T> c b /'t S C r i -t ult CA Ke Z,0 -S,'A Ck f E. t. t( AI c, A. -I 0 v .-P vv 1, 44e - o A/ C t L1. i? -i- r,\ 01i il? -I i. 1A e ep 7. Failure to grant the relief requested would' result.in exceptional hardship for. ULie follow ng. reasons Q L'A" 0 (.4 0. "X CC 1) ?4 -. ij,j 'U' -C ro : I 10 C.) t r C t C A 0 V, kA 0 71 r e 4,;) c, -P "-�i Lv o t. c I d � 0 �� -:, (2 8, Granting the relief, requested will not result in'increased ,flood heights, additional threats to public safety, extraordinary public expense, create nuisances, or confl.l.ct with existing laws or rules and regulations for the following reasons: -1. ij. pr. CL., ?4 -. ij,j 'U' -C re r;e fq I J Tk PC 4 h 0 STATE OF NEW YORK)' s LV Sl C/`'�-2c`�""c_.c`-`� COUNTY OF SUFFOLK) S Signature Sworn to bef me . thip b—day of 19 -419--,trk Publi-c)v m issioll &pill" COUnty 08 SOP tOmber 30, -l1 JL�� � l-. RECEIVE o1p�-- $400.00 zoning Liar. appl. JUN 1 6 1997 $400.00 flood var. appl. 1� $600.00 max 1f� jffjJ46B TSI�'fluTIQMMAr %001-'S PURSUANT TO THE PROVISIONS OF 'TIIE FLOOD DAMAGE PREVENTION I,AW OF THE TOWN OF SOUTHOLD 1%,. Appeal No. Date Filed APPEAL FROM DECISION OF THE BUILDING INSPL:C'TOR: TO TliE BOARD OF APPEALS , 'TOWN OF SOU'THOLD , N. Y: S /} p T O l r� 1''� 1=� iv o f I, (We)' .cant A resa Name of App Al 'y 11?, j C) IIEREBY APPEALFROM THE DECISION �, , Will CII DECISION STATES: ASF �L' tctJSTKu%i"1. OF 'TITS BUILDING INSPECTOR RATED /SND :i LI�S`'o'i-/1 JV •r(,rj1_ 1J�11't:Cl,'/.rJ•il'i'V r'�; 5'1fJ1J_l,. fel.= ti-�' F'%� 1 /"'.? Cn! r�l�l/VCS/ C�°(._UI'•iN•SJC!/C` ,y"1J!-/!/�' W/:LGS SVCIa 7" 0/4 T' r1h"-3O'J "7 G�/�1 0l i' 1ff= Li'[cJf. 5 7 I iof�i:? c+.N)'/•) !-- .5 T 6?G9C J l,Ilc TFL >•1!-J'!L%f- i;. i J� iJl.-D:: Jr. F G. r.V/-? 7/5 P 'T t- c f /1a f ,!' 'r1F{ ,1.� L crLl�/'t.' TING r1►-�: 1 6 ' Page 4 - Appl . #449;, w FL #16 Re: 1000-44-2-13 (hhrimian) Board of Appeals July 24, 1997 premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage and such that construction below the base flood level increases risks, if any, to life and property. RESOLUTION/ACTION: On motion by both Members Dinizio and Tortora, seconded by Member Doven, it was RESOLVED, to GRANT the relief as applied and with the FOLLOWING CONDITIONS: 1. To raise existing foundation to a minimum height at 13 feet above mean sea level - based on the architect's determination (presently 12'9" level and the additional 3" cap) ; and 2. Addition of G" , by G" wooden piers at each corner as a minimum to cause shear wall; mid 3. Any and all foundation area and walkway area shall be located not closer than six inches (G") to County Road 48; and BE IT FURTHER RESOLVED, to REVERSE the decision of the building with regard to the Southold Town Zoning Code, Article XXIV, Section 100-2-12B, based upon the above reasons, and the prior Interpretation of the Board of Appeals rendered November 8, 1995 under Appl . 4•1350 ( Zoning Case of T. McCarthy) . VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DOYEN, DINIZIO, TORTORA AND OSTERMANN. This . resolution was unanimously adopted (5-0) . .- / GERARD P. GOEHRINGER, CHAI AN ,/` As per Resolution Adopted 7/24/97 Approved for Permanent Filing Actions. all /41-2-13 ................................................................................ TRANSMISSION RESULT REPORT ....................(JUL 28 '97 09:19AM).................. Si IOLD TOWN HALL 516 765 1823 ...........:..................................................................................................................................................................... C AUTO ) ...................... DATE START REMOTE TERMINAL TIME RE-- MODE TOTAL PERSONAL LABEL FILE TIME IDENTIFICATION SULTS PAGES NO. JUL 28 09:15AM +1.719 937 7660 l'3'25�' OK S 05 812 17 E)ECM >)REDUCTION S)STANDARD M)MEMORY C)CONFIDENTIAL #)BATCH D)DETAIL $)TRANSFER F)FINE P)POLLING New York State Department of Environmental Conservation Building 40 - SUNY„ Stony Brook, New York 11790-2356 April 22, 1997 Mr. Gary Fish, Building Inspector Town of Southold . Box 1179, 53095 Main Road Southold, NY 11971 Dear Mr Fish, lV rt ? This is in response to your inquiry regarding the Khiiinian property. i ihatilc you for the opportunity to conduct a field visit of the project site on April 17th to discuss this project. You are correct with your determination that the project as proposed does not meet the minimum standards set forth by the Federal Emergency Management Agency (FEMA) for construction in a V zone. Therefore it does not comply with the intent of your local floodplain ordinance. Specifically, the foundation requirements for a residential structure in a V zone include pilings or columns with no lower area obstructions. You are also correct with your determination that a building permit cannot be issued without first granting a variance from your local law. This variance must be sought at the local level. I must emphasize that it is the responsibility of the Town of Southold's Zoning Board of Appeals to grant or deny the variance based on a thourough evaluation of the application. Am John P. Cahill Acting Commissioner The granting of a variance is regarded as very serious business by the NFIP. An improper use of the variance procedure could jeopardize the community's participation in the NFIP. The question here is weather or not the granting of a variance for this proposal -would be appropriate. The procedure for the granting of variances by a community is explained out in 44 CFR Ch. 1 section 60.6. There are seven'items which need to be addressed. I have listed and discussed them one at a time for simplicity, 60.6(a)(1) Variances shall not be issued by a community within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result. "Regulatory Floodway" is a term used in riverain flooding and therefore is not applicable to the Khrimian property. 60.6(a)(2) variances may be issued by a coinmunily for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, in conformance with (a) (3), (4), (5) and (b) of this section; The lot in question is 0.05 acres in size, and the existing neighboring houses appear to be below the base flood level and not on pilings. (See pictures) 60.6(a)(3) Variances shall only be issued by a community upon (i) a showing ofgood and sufficient cause, (ii) a deterinination that a failure to giant the variance would result in exceptional hardship to the applicant, and (iii) a determination that the ' granting of thG vuriance will not result in increased flood tzeights, additional threats to public safety, extraordindry public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. An argument can be made that the applicant can show good and sufficient cause and that hardship exists. The applicant cannot move landward because of the road. The existing foundation cannot be removed without destroying the existing, functioning sanitary system and no alternative to this sanitary system is available. The only option available to the applicant under the FEMA code would have been to renovate, without expanding, the pre-existing structure. (This can be done under the FEMA code provided the cost of such a renovation does not exceed 50% the value of the existing structure.) This option was precluded by the town code which requires a minimum square footage of 850 sgft on all renovations, thus necessitating the construction of a second story. I find it hard to believe that this construction will result in increased flood heights of the Long Island Sound, this again is more of a riverain issue rather than a coastal flooding issue. As far as additional threats to public safety, extraordinary public expense, creating nuisances, causing fraud, victimizing the public, or conflicting with existing local laws, the ZBA would be the most knowledgeable of these issues which is why the NFIP places the responsibility at the local level. 60.6(a)(4) Variances shall only be issued upon the determination that the variance is the minimum necessary, considering the flood hazard, to afford relief I do not have enough information to make this determination. The code from which the applicant must seek relief is the "elevated on pilings with no lower area obstruction" requirement. Since the applicant cannot remove the existing foundation without loosing the sanitary, and the lot is too small to build elsewhere, I would say that relief from the obstruction requirement is necessary. However, It still may be possible for the applicant to construct on pilings or columns while leaving the existing foundation in place. I suggest that the ZBA require the applicant to submit some sort of evaluation done by a licenced professional which may put some light on the subject. Remember, the variance must be the minimum necessary to overcome the hardship. 60.6(a)(5) A community shall notify the applicant in writing over the signature of'a community official that (1) the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance'up to amounts as high as $25 for $100 of insurance coverage and (ii) such construction below the base flood level increases rislcs to life and property. Such notification shall be maintained with a record of all variance actions as required in paragraph (a)(6) of this section; I explained to Mr. Khrimian on April 17th that if a variance is granted his flood insurance rates would certainly be affected. The house's pre -FIRM status, which entitled him to subsidized flood insurance rates, will become post -Firm status placing him in the actuarial flood insurance rate table. The cost of his flood insurance would certainly increase. I also explained that flood insurance is required for a federally backed mortgage, (which most conventional mortgages are. Mr Khrimian assured me that lie understood all the ramifications of the variance but that without it he would be unable to build at all. FEMA requires notification in writing so that the homeowner has no surprises when flood insurance is sought after the ting of a variance. Attached is a sampic of a variance letter. 60.6(a)(6) A community shall (I) maintain a record of all variance actions, including justification for their issuance, and (ii) report such variances issued in it's annual or biennial report submitted to the Administrator. This requirement simply wants the town to maintain a file on all variances, and report them on your biennial report. Occasionally FEMA will review these files for the purposes of evaluating the town's floodplain management practices. 60.6(x)(7) Variances may be issued by a community for nen construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that (I) the criteria of paragraphs (a) (1) though (a)(4) of this section are met, and (ii) the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety. This requirement pretty much reiterates what was said before. The key here is to remember that the variance does not allow the developer to do absolutely anything he wants. The developer must still build in such a way as to minimize minimize flood damages during the 100 year flood and create no additional threats to public safety. Again I cannot over emphasize, the variance must be the minimum necessary to overcome the hardship. I hope this is some assistance to you. If you, or anyone else at the town has any questions regarding this issue please feel free to call me at (516) 444-0423. Sincerely, Eric Star Assistant Regional Floodplain Administrator cc. William Southard - DEC Stony Brook William Nechamen - DEC Albany C ttax eta ��iT. 5 `*k Field inspection of Khrimian property April 17, 1997. SAMPLE VARIANCE LETTER March 22, 1989 Mr. Joseph Smith 1419 Liberty Street Riverdale, NY 12999 RE: Permit Application .# 643 Dear Mr. Smith: On March 15, 1989, the Board'of Appeals reviewed your permit application to construct an addition to your residence at 1419 Liberty Street. The board has determined that the provisions of the City of Riverdale's Flood Damage Prevention Law, Local Law #2 of 1987, does cause you an exceptional hardship. Consequently, the board hereby grants you a variance from the requirement to construct the first floor of the addition at or above the base flood elevation of 696 NGVD. You may construct the first floor, at the level of the first floor of the existing structure, 692.5 NGVD. However, you may not construct a basement under the addition. Also, all other provisions of Local Law #2 of 1987 will apply to the construction of the addition. You are hereby advised that flood insurance rates for structures with the first floor at a level below the base flood elevation can be quite expensive, up to $25.00 per $100.00 of coverage. This variance does not relieve you of those higher rates. You are also reminded that, by building the addition with the first floor below the base flood level you are increasing the risk to life and property..' Sincerely, E. C. Langhorne Code Enforcement Officer D-10 .IV Jnautmcdzed al"iradon or addition to this survey Is a violation of SOCINDn 7208 of the Now Y" 300 Education Law. Srcps the low am us, ad aandrtaa - to be a vdd vw aqvj6 GummmiulmdMiwididom OrOylotap i fw SWWV ddacollp!mly 1=1:me! 11 rwod WM km XH*Llft Will— to l—to dw assigneem of ifw brAd" kwhakm GuarArmm to addWonal Insdufam or admsqmW ovirlem ti D LA -,P .1g. LEW IN N1 , % 4 N NV4 9 3690 EW i3yo To 0 070` 1 --34'ZO'W /e, 47-Y, le'l MOW ef Pm 41 11 ZPAP vq 1,41 C2 as Lp' V,& Y." tri .14,YW11, N Al ELEVATIONS 'WARD OF 0.0 NGVD -I r 71 1 021 ilj Z, , ° t � �, ('t'i rst' ai Uf _4V fi viw OL llf". 5014 g 'lice A ir ASF..9.•iXrT� r,i We X 'flY Z 10, N1 "hi U ��l a �;, a, , , " " I I .. i 1�t .7y -1 y T' h 6. Ry I" 1� k,'wi ZA, t1-718-937-7660 i k 3 4 ARTO KHRIMIAN NY 912 P01 JUN 18 197 09:46 IfiP JI L-------� JUN 1,6199T H57 +1-718-9377-7660 DEPARTMENT OF PUBLIC WORKS ARTO KHRIMIAN NY COUNTY OF SUFFOLK N*? .An ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE June 11, 1997 Arco Khrimian. 45-25 41a Street #44 Long Island City, New York 11104-3410 RE: C.R. 48, Middle Road Gentlemen: 912 P02' JUN 19 '97 09:47 In response to your fax of June 5d' 1997, we offer the following: If the house foundation and steps are removed off of the County right-of-way, we would not object to the proposed 6" property line set back. If you have any questions, kindly contact this office at 852-4099, Very truly yours, Richard J. LaValle, P.E. Chief Engineer R L/MFC/jfb cc:.Thomas Fisher, Town of Southold Building Dept. Wayne Thompson, SC Real Estate SUFFOLK COUNTY l5 AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION' EMPLOYER , 985 YAP14ANK AVENUE TAPHANK N.Y. 11980 0 (61 A) 832-4000 FAX (518) 032-4130 URAL TALGAT Architect 436 7th Street Greenport, N.Y. 11944 516-477-8963 March 25, 1997 Southold Town Building Department Town of Southold Town Hall, 53095 Main Road P.O. Box 728 Southold New York 11971 Re: The Khrimian Residence L.I. Sound, Greenport/Southold S.C. Tax Map # 1000-44-2-13 Dear Sirs, Enclosed please find three (3) sets of revised construction drawings for the above referenced project, dated 3/25/97. The revisions to the drawings are: 1. The plans and foundation has been redesigned to meet all the requirements of Chapter 46 of The Southold Town Code, " Flood Damage Prevention". 2. The plans and foundation has been redesigned so that the residence will not be built on County Road 48 Right Of Way property. 3. Note: The residence will use the existing on site sanitary system. I am submitting these revised drawings for your review, so that your department may issue an amended Building Permit, for the above referenced project. If you have any question, please do not hesitate to call me. Sincerely, URAL TALGAT, Architect cc: Mr. Khrimian •t,� - - - �.>---�_ - _ .:.:_,:_M _- . �ct,I G 1S L.Q.iJD So JJ 1�1 I� ' . G 141 E ir. t -I ISTII.,I4 70, X OCCUPANCY OR3RE NCY USE IS L'I`:LAi�1�t-UL .R WITHOUT CERTIFICATE 9T, OF OCCUPANCY DATE. -W! FEE ' NOTIFY BUI 765-1802 9 FOLLOWING 1. FOUNR ION - TWO FOR PDURED CONCRETE �G 1 J� AS NOT B.P. �T D ART'MENT AT 4 M FOR THE RED 2 YOH - FRAMING & PLU ING ATION4- - CONSTRUCTION MU I BE COMPLETE FOR C.O. ALL CONSTRUCTION .SHALL MEET THE REQUIREMENTS OF THE N.Y. STATE CONSTRUCTION & ENERGY - CODES. NOT RESPONSIBLE :FOR DESIGN OR CONSTRUCTION ERRORS' v SCTM :# 1000-44-2-13 PROPERTY: 58365 County Road 48 ADDRESS Greenport, NY 11944 I 25.04 - -- - ' 713 c ►2, : 4 "� i2� ExIST',�G RESIpE�� Fovilc�.-�IcI�I, "rte P�� ' Rt�.MOverp Is�M , Gtt e4 ROw . PRd P E2Tf E) 1-7 E. ©" ti OWNER: Ara Khrimian , { Arto Khrimian Zabel Khrimian 45-25 41st Street L. 1. C., N.Y. 11104 • Tel # 1-718-937-7660 SITE: 0.05 Acres "AREA W m ��E aRr JFK` TA tAO �. 0 2 SURVEYOR: Anthony W. Lewandowski �% Jr- h`\', Southold, N.Y. 11971 Dated: 12/6/89 �/9 �9S• License # 33696 NOTES: Public water is available -SITE Existing sanitary system PLAN to be reused. r Evt�rrD . 3/6/97 MAR 2 6 1997 • � i BLDG. DEPT. _ TOWN OF SOUTHOLD ; I GO�.iC �y1.JLiL+-BEAD =x I STI Inl c3 {� Ex, sT IN R = .A nil t ' I3iJ1LT o�Q 17-4 -ID : �.J F5,- R E JLJ s ,-� Woop FR.�•AI D j TO Bt. 2=,.lp�iaT'=D 1p En I 25.04 - -- - ' 713 c ►2, : 4 "� i2� ExIST',�G RESIpE�� Fovilc�.-�IcI�I, "rte P�� ' Rt�.MOverp Is�M , Gtt e4 ROw . PRd P E2Tf E) 1-7 E. ©" ti OWNER: Ara Khrimian , { Arto Khrimian Zabel Khrimian 45-25 41st Street L. 1. C., N.Y. 11104 • Tel # 1-718-937-7660 SITE: 0.05 Acres "AREA W m ��E aRr JFK` TA tAO �. 0 2 SURVEYOR: Anthony W. Lewandowski �% Jr- h`\', Southold, N.Y. 11971 Dated: 12/6/89 �/9 �9S• License # 33696 NOTES: Public water is available -SITE Existing sanitary system PLAN to be reused. r Evt�rrD . 3/6/97 MAR 2 6 1997 • � i BLDG. DEPT. _ TOWN OF SOUTHOLD ; r -I -,-A t -4—L— N (2 1 a I I 1/4 © O � coNc, WAI...►< FaUNPATk:*J akA s,• 2..E Rs a,-011ole- I • �N PA't'1 DrJ FOUN1 MAt I O N V Fs 's i � • • 8"�r-►� K.. til Cr.l • cv�.iG, .3L ±L �ou�r��.'rlorl . • 1/4 • � O FaUNPATk:*J akA s,• 2..E Rs a,-011ole- I • �N PA't'1 DrJ FOUN1 MAt I O N V Fs 's i � • • 8"�r-►� K.. til Cr.l • cv�.iG, .3L ±L �ou�r��.'rlorl . • .• •Fovt���TI� I`I i�l....�•I�1 URAL TALGAT Architect 426 7th Street Greenport, N.Y. 11944 516-477-8963 March 8, 1995 Mr Paul Campagnola County Permit Engineer Suffolk County Department of Public Works Division of Highways Box 59, Yaphank Ave. Yaphank, New York 11980 Re: The Khrimian Residence 58365 County Road 48 Greenport, New York 11944 S.C. Tax Map # 1000-44-2-13 Dear Mr Campagnola, il'AR - This is to request your guidance on the following matter: The above mentioned residence is a one family dwelling. The structure covers approximately a 16 X 35.5 foot area, which is surrounded by approximately between 5 and 6 feet of walkway. Each small section of the structure has its own roof, which is virtually the ceiling as well. This causes the inside of the building to become unbearably hot during the days of the summer months. To alleviate this problem, we have decided to reconstruct this building to incorporate the entire structure under one roof by using the original footprint and foundation. As existing, the building and its foundation extend into the ROW of County Road 48 by 3.1 to 3.6 feet. The enclosed survey will show the encroachment. Against this background, would you please advise us whether or not we need any kind of clearance or approval from your Department before we start this project. Sincerely, URAL TALGAT, Architect COUNTY OF SUFFOLK ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PUBLIC WORKS July 31 , 1995 Ural Talgat architect 426 7th Street Greenport, New York 11944 Attention: Ural Talgat STEPHEN G. HAYDUK, P.E. COMMISSIONER Re: Property Located at CR 48, Middle Road, 1300'± e%o Albertson Street in Southold. SCTM# 1000-44-2-13. Gentlemen: we have reviewed your letter of 3/8/95 with regard to the above referenced site plan and have determined that your client will not need to acquire a Highway work Permit from this Department for the proposed alterations to this home. However, should your client change or modify the existing driveway access to this property, a Permit would be required. 1f you have any questions, kindly contact this office at 852-4100. Thank you for your cooperation in this matter. Very truly yours, Richard J. LaValle, P.E. Chief ee By: D'I. Paul Campag o RJ VMPC/pC Permits Engineer Cc: 'Town of Southold Building Dept. �.? X �,� 1�Jw=7 ^ �i J �% 1 rz�� ,3 SUFFOLK COUNTY AN EgUALiVPPORTUNITY/AFFIRMATIVE ACTION EMPLOY vUE • YAPHANK. N.Y. 11980 • f5I6) 952-4000 ry� FAX (5 16) 952-4150 . Gam& _.1�5��9,�� � ,vim A417NO&y ly ��y ,uno ski• ,�d•PYEYEO .woe• JUD�T� LA �I�/.Uig _ _ _ . �A.C/O ..�U.QYEYDR I�cATro.0DU HQLD J/U�FdIK CJoyuT .(% Y. - -5G1U7,YO4D� �• y c�A,evrrrE�o ia-,�Jo,PT,yFr_�erB.�.�.� T ria, �,a�ca�rc i�BST.P�J'.�c. D,ylE f>EGEifBEe �� ! 9' SCy�Ei /'"sem • -. ?, Lj L eo,. z � ! - crFs-�acx DATE -------------=====COMMF--_=_------------------ �zr1_p- INSPECT LON=RrPOR -OUNDAT ION ( I ST) FOUNDATION====(2ND)====__ ROUGH FRAM17 & PLUMBING in INSULATION PER N- T. STATE ENERGY CODE FINAL ADDITIONAL COMMENTS_ 114 h 95.20-1 (8187)-9d New York state Department of Environmental Conservation ' "h NOTICE The Department of Environmental Conservation (DEC) has issued permit(s) pursuant to the Environmental Conservation Law for work being conducted at this site. For further information regarding the nature and extent of work approved and any Departmental conditions on it, contact the Regional Permit Administrator listed below. Please refer to the permit number shown when contacting the DEC. Regional Permit Administrator Permit Number I � ®�®"� ROBERT A.GREENE3 Expiration Date A?m'y30 w- ?:? NOTE: This notice is NOT a permit Board Of Southold - Town Trustees SOUTHOLD, NEW YORK PERMIT NO... 4Z.05 ..... ...... DATE: ... .... 7,129./9.3 ........ ISSUEDTO ..... ARTO ... KERIMIM ...................... .... ..... .................................. ............. F Pursuant to the provisions of Chapter 615 of the Laws of the State of New York, 1893; and Chapter 404 of the Laws of the State of New York 1952; and the Southold Town Ordinance en- titled "REGULATING AND THE PLACING OF OBSTRUCTIONS F. IN A ND ON TOWN WATERS AND PUBLIC LANDS and the REMOVAL OF SAND, GRAVEL OR OTHER MATERIALS FROM LANDS UNDER TOWN WATERS;" and in accordance with the f Resolution of The Board adopted at a meeting held on .....7.1.2.9193 ..... 19.....93 and in consideration of the sum of $ paid by Tom ... Samuels. for ... ARTO ... KHRLMIAN . ... ................................................ of .......... Qreenpor.t ................................................... N. Y. and subject to the Terms and Conditions listed on the reverse side -hereof, of Southold Town Trustees authorizes and permits the following: Grandfather Permit for a bulkhead and porch structure. J. Greenport all in accordance with the detailed specifications as presented in the originating application. IN WITNESS WHEREOF, The said Board of Trustees here- -1 by causes its Corporate Seal to be affixed, and these presents to X be subscribed by a majority of the said Board as of this date. -F T; .............. .... ........ . .... .... ....... ........ .. ... .. ........ ..... .. .. ... . . ... . ..... .. .... .. .......... 777/7 . . .... ... ........ . ...... Trustees .12 1(v' -O" F-KIIBT, vir 15 = (P" V.I. F, ico,,,p( IV- 0 Ls C -P = I L L ZP Fi L L_ r-_ P -AFF5` - S u r -,p C rzT I3, J0 I f5r T'Y'F;>l c4-�, L_ It -4 C_ 71-4 1 -<- PC V i r,_ N C+40 F;L F C'�-_r T -(K LJ SJ D, -kr I (M 1'--4 -st 7 LU 0 71N<; Issssss _L4 co Uj -0 < -C T LU J0 I f5r T'Y'F;>l c4-�, L_ It -4 C_ 71-4 1 -<- PC V i r,_ N C+40 F;L F C'�-_r T -(K LJ SJ D, -kr I (M 1'--4 -st 7 2, oz CT r4l LUC 4 �-J, F JL.L. 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