Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
4348
ow 43 _ _ - s f ~ 4R9_ a _406 cam,. , I i I '1 PE"T1KI~ T/fEoAoCF ~SaN.? FAN/.(.(/FeoLS) /a5' i 5a ass y~ soc~T,sta~a a p Coasreuc7' -ovCF7?AI1L ~4rELLr.?6 LUITift ? /ao / dC-4 Ti 4. / - t F Fe7e6,uT T.JAA7- dAl f~Pto~ ~ ~e'~~ l~0atS 7/L6e c-- SeTB,vcx L" Po y ~o W OA4W rtS SST /=o e7'Y iit/ A~/~i9L o 1-117O ~/IOP~aL y GTE c~ 9 6 ~sw wR - Q~ rte /',g j4 A ~~j f35 094TEWW,* C IQEZ I,G o~OSUFF04COG APPEALS BOARD MEMBERS Southold Town Hall Gerard P. Goehringer, Chairman 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 '110 .ate Southold, New York 11971 James Dinizio, Jr. 1 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 7B~OARRDOFOF APPEALS ACTIOIO THESRNA~I.DOW APPEALS DATE. OF ACTION: November 8, 1995 APPL. #4348. APPLICANT: THEODORE PETIKAS LOCATION OF PROPERTY: 52755 Soundview Ave, Southold. COUNTY TAX MAP DISTRICT 1000, SECTION 135, BLOCK 1, LOT 27. BASIS OF APPEAL: Notice of Disapproval issued by the Building Inspector dated October 17 1995 and ZBA Conditions under Appeal No. 4170 dated June 22, 1993. PROVISIONS APPEALED FROM: Article XXIX, Section 100-239.4A. RELIEF REQUESTED: 14' x 20' Open deck extension along the northerly end of dwelling and proposed walkway along easterly side of dwelling. MOTION MADE BY: Lydia Tortora, Member SECONDED BY: James Dinizio, Jr., Member ACTION/ RESOLUTION ADOPTED: Denied 5' sidewalk/deckas applied and granted alternative relief for a four-foot wide side walk/ deck*. Open deck area must be reduced to dimensions of 14 ft. by 19 ft. and shall not extend beyond the 14 feet from the sound (north side) of the existing house. Side walk/deck shall not extend beyond 4 ft. from side of house. REASONS/ FINDINGS: Conditions of the soil and layout of the property lend to the need for variance relief. Deck construction is not a major type of construction, and the deck will remain open and unroofed as proposed herein. VOTE OF THE BOARD: Ayes: Serge J. Doyen, Member James Dinizio, Jr., Member Lydia A. Tortora, Member Gerard P. Goehringer, Chairman-Member No: Robert A. Villa, Member (preferred a 3-ft. walkway). This resolution was unanimously adopted. lk G GERARD P. GOEHRIN/GER, CHAIRMA a-ECEIVED AND FILED `BY TLE SOUTHOLD TOWN CLERK DATE STOUR f T-• i~ ~ le.r . me„-y,,c :::~ctt old e/ fps' / APPEALS BOARD MEMBERS ~O$11F~flC,~L~ 4 Southold Town ~ G q Hall Gerard P. Goehringer, Chairman 7c< 53095 Main Road Serge Doyen, Jr. y x P.O. Box 1179 James Dinizio, Jr. t:p • 4 Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. TortoraJ Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, that the following applications will be held for public hearing before the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on WEDNESDAY, NOVEMBER 8, 1995, commencing at the times specified below: 1. 7:32 p.m. Appl. No. 4347 - DORIS KERR BROWN. This is a request, based upon the October 11, 1995 Notice of Disapproval issued by the Building Inspector, in which applicant applied for a building, permit to relocate an existing dwelling, and which application was disapproved on the following grounds: "Under Article XXIII, Section 100-239.4.A(l) (portion of) proposed relocation is less than 100 feet from the Long Island Sound bluff." Property Location: 3400 Private Road #12 off the north side of Bergen Avenue, Mattituck, NY; Parcel ID No. 1000-112-1-17. 2. 7:35 p.m. Appl. No. 4346 - REGINALD MINOR. This application is based upon the October 3, 1995 Notice of Disapproval issued by the Building Inspector, wherein applicant is requesting a building permit for an accessory inground swimmingpool, and which application was Page 2 - Legal Notice Regular Meeting of November 8, 1995 Southold Town Board of Appeals disapproved on the following grounds: "Under Article IIIA, Section 100-30A.4 proposed construction shall be installed in the required rear yard. Under Article XXIII, Section 100-231, fences in residential zones shall not exceed four feet in height in a front yard- Under Section 45-8 a building permit is required before a fence can be installed or replaced." Location of Property: 360 Private Road #1 (Stephenson Road) Orient, NY; County Tax Map ID No. 1000-17-1-12. 3. 7:40 p.m. Appl. No. 4340 - J. GRILLO. (Recessed from October 11, 1995). Variance for fence height location commencing near Peconic Bay Boulevard and running to the south along the - westerly side of right-of-way known as Mesrobian Drive, Laurel, NY. 1000-145-4-12.1. 4. 7:50 p.m. Appl. No. 4348 - MR. AND MRS. THEODORE PETIKAS. This is a request for a variance under Article XXIX, Section 100-239.4, based upon the October 17, 1995 Notice of Disapproval issued by the Building Inspector wherein applicants are requesting a building permit for a 6 ft. wide deck entry from the easterly side of the dwelling to a proposed raised deck area within 100 feet of the low bank of the Long Island Sound. Property location: 52755 Soundview Avenue, Southold, NY; County Tax Map Parcel No. 1000-135-1-27. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated above. If you wish to review - FOnM NO. a - e TOWN OF SOUTIIOLD BUILDING DEPART\IEN'C ¢ TOWN CLERK'S OFFICE. ~ SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL y Date 191. PLEASE TAKE NOTICE that your application dated Q.:....:..., 19 .7. 4,2 l~ at for permit to . ~i ~c%c/r~. Location of Property . , 3~J~s`!yr.l?4~'~~? ©~Y~ House No. Strert Hamlet County Tax Map No. 1000 Section .....1;:3,5. Block Lot Subdivision Flied Map No. Lot No . is returner} hercwit t and disapproved on the following grounds ~Z!t? 9 f~!17~. • rep ? Building Inspector RV 1/80 i --~BOAFO OF HEALTH FORM NO.1( A SETS OF PLANS ~s~7 1 ..~~~r1 TOWN OF SOUTHOLD SURVEY . . . . . . . . " BUILDING DEPARTMENT ' . . . . . . . i' 4 06TOWN HALL SEPTIC FORK SOUTHOLD, N.Y. 11971 wy TEL.: 765-1802 ttOiIFY's 2L<~/ zi z'r.3 CALLL~.'. ~.L'.... . -,MY +oi S,!,J r 19 . Exlmu~ed."""' HAIL TO: Approved , 1/9~ Permit N Disapproved. a/c Ole, .f/f (Building Inspector) APPLICATION FOR BUILDING PERMIT ( Date J:i 9~........, 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 sheets 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 inspections. (Signature of applicant; or name, if a corporation) L mil' S.7~Z ac t 5~ ~a. "41. €1 ,((2RJ ..Av 41.-. . (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. A4>.IV.i-.l~ Name of owner ofpiemises ..Ik 4~.L7c f ..i~.....~~..1.~ (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. m.,14. (Name and title of corporate officer) Builder's License No . Plumber's License No. Electrician's License No. . Other Trade's License No . L Location of land on which proposed work will be done. fo\ .7 . J.t c,r:aa !y~F•'r.a?L,=... ~t?f~ ..........4 z-4,A, , House Number Street Hamlet County Tax Map No. 1000 Section 1j. Block Lot Subdivision Filed Map No. Lot . (Name) 21 State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy 1)vY_ 9 . (aJI vi I:~~ w a,,t ~ . b. Intended use and occupancy : . 3. Nature of work (check which ap='°-able): New Building Add. n Alteration Repair Remo. Demolition . ; Other Work R . t } . (Description) 4. Estimated Cost ...3.,(D Fee . (to be paid on tiling this application) 5. If dwelling, number of dwelling units Number of dwelling 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 existing structures, if any: Front Rear. Depth Height Number ofStories Dimensions of same structure with alterations or additions: Front Rear . Depth .......................Height Number of Stories 8. Dimensions of entire new construction: Front Rear Depth Height Number ofStories 9. Size of lot: Front Rear Depth . 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: . 13. Will lot be regraded ' Will excess fill be removed from premises: Yes No 14. Name of Owner of premises Address Phone No............:.. . Name of Architect Address Phone No............... . Name of Contractor Address PlfetSe No............... . 15. Is this property within 300 feet of a tidal wetland? *Yes......... o......... *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. ;TATE OF NEW YORK, S.S .OUNTY OF being duly sworn, deposes and says that lie is the applicant J (Name of ind~idual signing contract) bove named. eisthe.........:..)! (Contractor, agent, corporate officer, etc.) f said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this Splication; that all statements contained in this application are true to tiie best of his knowledge and belief; and that the ork will be performed in the manner set forth in the application filed therewith. Norn to before me this r- ..day of <...,19.QS otary Public, . County X11 -a"- ('C9 {y 2 P2) _ I tz . . / LINDA J. rtOOPER (Signature of applicant) Notary Public, State of New York No. 4822563,. Suffolk county 9.1- Term Expires December 31, 19- /0 0r IIJF 7~crr,n OCT 2 3 '199 ~ftWn TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. / 3 DATE ~ .r..e .3... Ave TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD,"N. Y: j ece4,*- 1, (We) fl#aaga.:.n€f:f, ~ ....of .....~.s2 rro. ye.~lad....G!a!....: Name of Appellant Street t and Number Clbi'7 . . X...........HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO....0 A I......... DATED WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit _ Of JP trr- pt? avs - ..-rr 1541 Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY .674.7.55 st k'( -'!;c Street /Hamlet / Use District~ on Zoning Map District 1000 Sectionj3rBlock I Lot 2 .............__Current Owner Mop No. Lot No. Prior Owner 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article ~C~i S4 Section 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) O A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Low Chap, 62 Cons. Laws Art. 16 Seca 280A Subsection 3 4. PREVIOUS APPEAL A previous appea ( s (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit O request for a variance and was made in Appeal No .................................Dated REASON FOR APPEAL ( ) A Variance to Section 280A Subsection-3----'r'' 00 A Variance to the Zoning Ordinance i ) is requested for the reason that -0-A ls' % u u;& / s ,00 Fbrrn ZBt (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sory HARDSHIP because cs~g ~y ~ ~ 12 s ~iaxttffnq R`e~5 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 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because OP& A t. c kk i J 12& L oz fz* STATE OF NEW YORK COUNTY OF Su G Lpc_ j ss Signature Sworn to this day of...>rY.C ~G4.L....................... 19 / . ~ Notary Public dELc~dE f~t3R'~~ Notary pubflo, Eeess of fpe+arYom aPstisd in Exp's su out£otf lk commission ~ou,-,V SL °I°la~lw ni _ 3~~ G~~ t~!zNFmTCi^~I 'f- i m { I I ~ I ~ i~ I I I {C `I a 'r~nzs? m Q, i I i i i I~ v I 1{ Pia G~ I Q I t 7zi ° og ' 3i~~ I I I i I an R V ~I I ; I ~ ion - 4 ! n t a] 44 m { I I I ~ Icy ~ ' j ~ { ~ ~ ~ o i i I I ! ! ! ~ alp ~ L { ~ C i li I I ~ ~ v i i-I r i N ~ i I I IC n ~ i i r I I I ~ I C { I ! ~ IC ~ I 1 i i : I I ' I ti q + 11 i~ I~ I j I - I i r' Iu N I o G I j ~ ~ ~ I I°'73' ~ ,71~x ifl I~ ~ Ii° ' !3ig!~la i I + Io Iro j°-~ I r i i ~ i 1 I! I! I l l i l i l I 1+ I I~ j i I i I I j I( i I i ~ ~ 11 I I I i I ! I I I I I I j ~ ~ I I 1 I~ I j I{ I! I ~ ~ ~ I I II g~gl~!ol~~~+° I I.~~ I I i!! 1 I 3 3 jI ~ j T i I Tr I 1 ~ ~ I_~ I ! I i t ~ I I I I I- I , , I I I i+'a IC I I N j! ~ ~ l~ l l l l l j ~ ' ; 1 ii!I'I TO i.Ll I ; I I ~ Li~ J I iv j I I ~ ~ I , I 11 i I 1 ( BOUNTY OF SUFFOLK (ok ~I ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING STEPHEN M. JONES. A.I.C.P. 1JE 2 1 .4 C./ DIRECTOR OF PLANNING December 19, 1995 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Grillo, J. & Ors 4340 Minor, Reginald 4345 v' etikas, Theodore 4348 Very truly yours, Stephen M. Jones Director of Planning S/s Gerald G. Newman Chief Planner GGN:pk ALSDA3Q.ZNI 220 RABRO DRIVE • P.O. Box 8I DO ¦ HAUPPAUGE, LONG ISLAND. NY 11788-0099 ¦ 16181 893-3192 FAX (316) 863.40" o~~gpFFO(~-~O APPEALS BOARD MEMBERS Oy a Southold Town Hall Gerard P. Goehringer, Chairman O 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 James Dinizio, Jr. Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Pursuant to Article XIV of the Suffolk County Afsninistrative Code, The Board of Appeals of the Town of Southold, New York, hereby refers the follCWing to the Suffolk County Planning Ccnmission: x x Variance from the Zoning Code, Article XXIX Section 100-239.4A Variance from Determination of Southold Town Building Inspector Special Exception, Article Section Special Permit Appeal No: 4348 Applicant: Theodore Petikas Location of Affected Land: 52755 Soundview Ave., Southold, NY County Tax Map Item No.: 1000- 135-1-27 Within 500 feet of: Town or Village Boundary Line XX Body of 'dater (Bay, Sound or Estuary) Xy_ State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area Existing or Proposed Right-of-Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines, or Within One Mile of a Nuclear Power Plant Within One Mile of an Airport Comments: Applicant is requesting permission.to construct an open deck extension alono the northerly end of dwelling and proposed walkway along easterly side of dwelling Copies of sown rile and related documents enclosea for your review. Dated: November 28, 1995 ~Og~FfO(~-c APPEALS BOARD MEMBERS o~0 GGy~ Southold Town Hall Gerard P. Goehringer, Chairman co 53095 Main Road Serge Doyen, Jr. S: P.O. Box 1179 James Dinizio, Jr. '~Ol ~a0 Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD November 17, 1995 Mr. and Mrs. Theodore Petikas 225 Stewart Avenue Bethpage, NY 11714 Re: Appl. No. 4348 - Variance for Deck and Deck Entrance Dear Mr. and Mrs. Petikas: Please find enclosed a copy of the determination rendered by the Board of Appeals at our November Regular Meeting and filed today with the Town Clerk's Office concerning your variance application. A copy of this determination has also been furnished to the Southold Town Building Department pertaining to your pending I building permit application request. However, it will be necessary for you to contact the Building Department (765-1802) to be sure your application request is in complete form and returned to the "active" permit shelf. Also, due to the proximity of this project within 500 feet of a waterway, State or County Road, we have transmitted copies of the variance file to the Suffolk County Department of Planning for their determination as required under the County's Administrative Code. Once that agency has finalized its review and forwarded its comments to our office, we will transmit a copy of the same to you. If you have any questions, please feel free to call. Very truly yours, Linda Kowalski Enclosure Copies of Decision to: Building Department Suffolk County Department of Planning ~ IIV i ..,_'rw.. 94 R'.aT-.• Ewa"' ~ _ V _ Fz,61;u5 - - _ 1 F 4oL \ - Q P~'~TTtED -O SGT PENCE I PR! ~~(,''G{ N4i F~-lGt cVE ST Lj ~ET~I~J i~(~ `://i~_ 2~,_O,,t ` 7 •'R ~P 2' ,4E \Vt.I GFf T5 ZOo 0.` TV r '~I'~' 1.~, , ~'+!T C-t \`?,TE Q / s, p, ExIST!N'~ 's /l I o at talc E I ` L NI`P ~-i bV LU a ^ PROPOSED \Vcoi "C- S .moo ~ N 2 •~waLJ -y P20W;E~ ',;~iY;p wpJ' OF 1 2381 F IW%L (~11. ~ c. C zoM F - i 0 - ~ ~~Gr FENGE ~ t~ f NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION DEC PERMIT NUMBER EFFECTIVE DATE 1-4738.00424/00005-0 September 5, 1995 FACILITY/PROGRAM NUMBER(S) PERMIT EXPIRATION DATE(S) Under the Environsental September 5, 1997 Conservation law i" i TYPE OF PERMIT I New 0 Renewal 0 Modification 0 Permit to Construct 0 Permit to Operate ? Article 15, Title 5: Protection 0 6NYCRR 608: Water Quality 0 Article 27, Title 7; 6NYCRR 360: of Waters Certification Solid Waste Management 0 Article 15, Title 15: Water 0 Article 17, Titles 7, 8: SPOES 0 Article 27, Title 9; 6NYCRR 373: Supply - Hazardous Waste Management 13 Article 19: Air Pollution 0 Article 15, Title 15: Water Control 0 Article 34: Coastal Erosion Transport Management 0 Article 23, Title 27: Mined Land 0 Article 15, Title 15: Long Reclamation ? Article 36: Floodplein Island Wells Management 0 Article 24: Freshwater Wetlands ? Article 15, Title 27: Wild, 0 Articles 1, 3, 17, 19, 27, 37; Scenic and Recreational Rivers ¦ Article 25: Tidal Wetlands 6NYCRR 380: Radiation Control 0 Other: PERMIT ISSUED To TELEPHONE NUMBER Theodore Petikas ADDRESS OF PERMITTEE 257 Stewart Avenue, Bethpage, New York 11714 CONTACT PERSON FOR PERMITTED WORK TELEPHONE NUMBER Roy Haje, En-Consultants NAME AND ADDRESS OF PROJECT/FACILITY Petikas Property, 52755 Soundview Avenue Southold LOCATION OF PROJECT/FACILITY 52755 Soundview Avenue, Southold COUNTY TOWN WATERCOURSE NYTM COORDINATES Suffolk Southold Long Island Sound CESMIPTIUI CF aun-cRiZED acnviTY Construct a timber deck onto an existing single family dwelling. All work shall be done in accordance to plan prepared by En-Consultants dated August 30, 1995. 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. PERMIT ADMINISTRATOR: ADDRESS George W. Hammarth Bldg. 40, SUNY, Room 219, Stony Brook, NY 11790-2356 AUTHORIZED SIGGNJATUR DATE ~ , September 5, 1995 Page 1 of 4 t GENERAL CONDITIONS FOOTICLES 15 (Title S), 24, 25, 34 and 6 NYCRR Par40 ( future operations by the State of New York require an al- other environmentally deleterious materials associated with the n in the position of the structure or work herein authorized, or project. the opinion of the Department of Environmental Conservation 13Any material dredged in the prosecution of the work herein permitted /by 5o Tidal Wetland II cause unreasonable obstruction to the free navigation of said shall be removed evenly, without leaving large refuse piles, ridges across is or flood flows or endanger the health, safety or welfare of the bed of a waterway or floodplain or deep holes that may have a people of the State, or cause loss or destruction of the natural tendency to cause damage to navigable channels or to the banks of urces of the State, the owner may be ordered by the Department to a waterway. ve or alter the structural work, obstructions, or hazards caused 14. There shall be no unreasonable interference with navigation by the work by without expense [o the State, and if, upon the expiration or . cation of this permit, the structure, fill, excavation, or other herein authorized ification of the watercourse hereby authorized shall not be com- 15If upon the expiration or revocation of this permit, the project hereby d, the owners, shall, without expense to the State, and to such authorized has not been completed, the applicant shall, without expense nt and in such time and manner as the Department of Environmental to the State, and to such extent and in such time and manner as the ervation may require, remove all or any portion of the uncompleted Department of Environmental Conservation may require, remove all or ture or fill and restore to its former condition the navigable any portion of the uncompleted structure or fill and restore the site flood capacity of the watercourse. No claim shall be made against to its former condition. No claim shall be made against the State of State of New York on account of any such removal or alteration. New York on account of any such removal or alteration. the State of New York shall inno case be liable for any damage 16. If granted under 6 NYCRR Part 608, the NYS Department of Environ- jury to the structure or work herein authorized which may be caused mental Conservation hereby certifies that the subject project will not r result from future operations undertaken by the State for the contravene effluent limitations or other l imitations or standards under conservation or improvement of navigation, or for other purposes, and Sections 301, 302, 303, 306 and 307 of the Clean Water Act of 1977 no claim or right to compensation shall accrue from any such damage. (PL 95-217) provided that all of the conditions listed herein are met. 11 Granting of this permit does not relieve the applicant of the responsi- 17. All activities authorized by this permit must be in strict conformance bility of obtaining any other permission, consent or approval from with the approved plans submitted by the applicant or his agent as part the U.S. Army Corps of Engineers, U.S. Coast Guard, New York State of the permit application. Office of General Services or local government which may be required. En-Consultants 12. All necessary precautions shall be taken to preclude contamination Such approved plans were prepared by of any wetland or waterway by suspended solids, sediments, fuels, on 8/30/95 _ solvents, lubricants, epoxy coatings, paints, concrete, leachate or any SPECIAL CONDITIONS 1. 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. 2. 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. 3. There shall be no disturbance to vegetated tidal wetlands or protected buffer areas as a result of the permitted activity. 4. No fill is authorized to be placed on this property. Supplementary Special Conditions (A) through (F) attached. DEC PERMIT NUMBER 1-4738-00424/00005-0 PROCRAMIFACILITY NUMBER Page 3 of 4 /B.e following co tions apply to all Tidal tlands; Freshwater Wetlands; Coal Erosion Management; andild, Scenic, and Recreational Rivers Permits: 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. 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) 444-0365. 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. 1-4738-00424/00005-0 Page 4 of 4 4T r~G~a,~ ~ 1 .V? ~1~"~t?•/ ? V l-.~.. i ,i I ~ ~ _ ~ r ~ 1 .N i ~ ~ I , 7 ~ F- L ,494 - + - u w4LL -4- 4 rti WtLt) Qo" E~TE^tT OT-- VEG -~1TO~1 ?go4E rY (Z) Z "X (r" irrR K LET 4 N Ix L r1E , 1 r: ~ ~ 1 I S l_ C T 1(~ ,6 SG n L. I = ZFJ - v l ~ :r~l ~ I s b - - ' I I Q f ~I or x - - ~1_1 r1E C~~ . LIE- /8 2"X lo" 1=J ~ Imo' uy', i = i2tt.S Dui L~NDO,aJ~~.f~ 1 E* t ~A F a K! `ire >?r~cwc iLL "i {r tAK~ " I Q 1~ ?f .Z C ~T SP:E~ C. 9 F +1 r j - ~ (-50' -o" ~ ~ f.]L\`•'.~ a'a4 ~-~Lj Is p7l I J r~y^+e ~ t O ~ I 7~ 1 K ~ c . AIL r - - I - aim - i t• . ~ OS' - 0'• t ~ ~ t-•1 \v~ ; 94 ~ F SIB +v~,1 S~c'Tl r)~ CT . t2 0 M' LE t D G'-d' F14r FiE+JGE cvi.~~~~ I scn~ VA s r 2E7!i>1J rnJy LL 24, t r• :sp~.~.,i~ f= T ~ r -tom ~ _ EXI _,~~N~ -9 l ~t ~ ~ ~ A ` N Y Ag PER TER1A~ 2 TORS J4 c vED of 11 co 's l~-C \y R:F2~r~ ~.•',..Ni )S• (mot , AND 1~1L/}11.!/ PROPOSED \YCOD' DE%K L,.a i YERMtT + 1 S ~ 7~ DATE -73 goo III. Lf r -18 j~ 1;1JsT Ut~sG?=~P'T~ O VE ~ gT ~ - 04 To 2E ` ' SIOE- FZ T E. GZt 23 - ~"z rte. w ~ Board Of Southold Town Trustees, SOUTHOLD, NEW YORK PERMIT NO... 4366 DATE: ..8.1.25194.... ISSUED TO ......THEODO,RE PETIKAS Pursuant to the provisions of Chapter 615 of +he 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- A titled "REGULATING AND THE PLACING OF OBSTRUCTIONS % IN AND ON TOWN WATERS AND PUBLIC LANDS and the 44 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 . $125/94. :J 19 94,..., and in consideration of the sum of $200,.00_ paid by Theodor.e...P.etikas...... - - _ _ _ of Southold... N. Y. and subject to the Terms and Conditions listed on the reverse side hereof, \ of Southold Town Trustees authorizes and permits the following: To place 52' of rock wall to prevent erosion, construct a ~I 14' X 20' deck and a 4' high fence on west side of property \ and a 6' high fence on east side of property. L.I. Sound ep all in accordance with the detailed specifications as presented in v the originating application. IN WITNESS WHEREOF, The said Board of Trustees here- iE fl by causes its Corporate Seal to be affixed, and these presents to j 1 be subscribed by a majority of the said Board as of this date. / S~FFO(,~ , s N Trustees ~Af' ^ ,spa x9,? f ~ H - ,ENi .gib " TERMS and CONDITIONS The Permimee - THEODORF. PETTKAS residing at 225 STEWART AVE.. BETHPAGE 11714 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 Trusters and the Town of Southold are released from ay 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 Permimx will, at his or her own expense, defend any and all such suits initiated by third parties, 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 moo 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 Inter date. 3. That this Permit should be remised indefinitely, or as long as the said Pennittee 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 Hoard. 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 marks. 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 Tmatxs, 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 sated without expenses to the Town of Southold. 8. That the said Board will be notified by the Permittee of 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. APPEALS BOARD MEMBERS ~O$OFfO(~ CO ~~O py Southold Town Hall Gerard P. Goehringer, Chairman o < 53095 Main Road Serge Doyen, Jr. COD x P.O. Box 1179 James Dinizio, Jr. 4 Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora 01 ~a Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD October 23, 1995 Mr. and Mrs. Theodore Petikas 225 Stewart Avenue Bethpage, NY 11714 Re: Appl. No. 4348 - Variance for Deck and Deck Entrance Dear Mr. and Mrs. Petikas: Please find enclosed a copy of the Legal Notice sent for publication in this week's newspaper by our office. Someone who is familiar with the property should attend the public hearing (not later than the time specified) for your application in order to answer possible questions. We have furnished a poster for placement by you (facing the roadside of the house) where it can be easily seen. After the sign has been posted for seven days, please sign and return the enclosed "Confirmation of Posting," or bring it the night of the public hearing. If you have any questions, please do not hesitate to call our office. Very truly yours, Linda Kowalski Enclosure NoT[cB OF STATE OF NEW YORK) PUBLIC HEARINGS, SS; NOTICE IS HEREBY GIVEN, put- COUNTY OF SUFFOLK ) suam to Section 267 of the Town Law and the Code of the Town of Southold, n kj;. that the following applications will be /~,(/)^t`-s/-~ held for public hearing before the of Mattltuck, SOUTHOLD TOWN BOARD OF In sald County, being duly sworn, ys that he/she is APPEALS, at the Southold Town Hall, Principal 53095 Main Road, Southold, New Clerk of THE SUFFOLK TIMES, a Weekly Yorke 11971, on - WEDNESDAY, Newspaper, published at Mattltuck, in the Town of NOVEMBER 8,199S, commencing at SOUthOld do times specified below: , County of Suffolk and State of New York 1. 7:32 p.m. Appl. No. 4347 - and that the Notice of which the annexed Is a DORIS KERR BROWN. This is a request, bared upon the October 11, printed copy, has been regularly publls~Ied In said 1995 Notice of Disapproval issued by Newspaper once each week for the Building g r _ g Inspector, in which a p- plicam applied for a building permit to successively, comma kVin on the. day of relocate an existing dwelling, and J- 19 L_ which application was disapproved on the following grounds: "Under Article XXIII. Section 100-239.4.A(p (por- tion of) proposed relocation is less than 100 feet from the Long Island Sound bluff." Property Location: 3400 Private CHRISTINA VOUNSKI Road #12 off the north side of Bergen Notary Public, State of Now York Avenue, Mmlimck, N.Y.; Parcel ID No. NO. 6004884 Principal Clerk 1000-112-1-17. Qualified in Suffolk County 2. 7:35 p.m. ,Appl. No.. 4346 CIR71fDIB810D Irea NOVanIt>_or 23, REGINALD MINOR. This a993 / ! 1f J 1 A I/ I// X lion is based upon the October 3,, J99 " Notice of Disapproval issued by the Building Inspector, wherein applicant Notary Public is requesting a building permit foran accessory.inground " swrmmmUftyq ~ end pbich applicabon was disapproved Sworn t re ne thla oq: fcj~yymg 'gr6unds pder Article fiA'~`SBCdouel0U30A 4 prom day of 19 posed Constmction shall be installed the required re ar yard. Under Article XXIII, Section 100-231, fences in resi- dential "ones shall not exceed four feet - in height in a from yard. Under Section 45-8 a building permit is required before a fence can be installed or replaced." Location of Property; 360 ~ Private Roadwfl,-($tepheniar Road) - Orient. N.Y.; County Tat Map H) No. 1000-17.1-12. 3. 7:40 p.m. Appl. No. 4340 - J. GRILLO. (Recessed from October 11, . i s 1995). Variance for fence beigh4loca-; bon commencing near Peconte Bay' Boulevard and running to the South . along the westerly aide of right-of-way known as Mesmbian Drive, Laurel, ' 4. 4.7:50 pop ; Ng,43I and MRS. THEODORE PETIKAS. This is a request for a variance under Article XXIX, Section 100-239.4, based upon the October 17, 1995 Notice of Disapproval issued by the t Building Inspector wherein applicants am requesting a building permit for a 6 ' ft. wide deck entry from the easterly side of the dwelling to a proposed raised deck area within 100 feet of the low bulk of file Long Island Sound. Pmpaly' Iocadmi; ' 52755'Soundyjew Avenue, Southold, N.Y.; County 7§x Map Parcel No. 1000-135-1-27. The Board of Appeals will at said L time and place hear any and all persons or representatives desiring to be heard in the above matters. Written com- prentt Upay: also 1u_bmilted, prior to thecoaelos'ion o thesubject heating. Each hearing will not start before the times designated above. If you wish to review the flies or need to request mom information, please do not hesitate to call 765-1809 or visit our office. Dated: October 23, 1995. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN... ::_8535-IT026 BY Linda Kowals: BOARD OF APPEALS:TOWN OF SOUTHOLD -----------------------------------x In the Matter of the Application of MR. AND MRS. THEODORE PETIKAS ------------------------------------x CONFIRMATION OF POSTING 1, F Cg -r/k, 4 residing at being duly sworn, depose and say: That on the 2 2j day of October, 1995, I personally posted the property known as "52755 Soundview Avenue, Southold, NY" by placing the Town's official poster Notice on the front of the dwelling facing the street where it can easily be seen, and that I have checked to be sure the poster has remained in place for seven days prior to the date of the public hearing (date of hearing noted thereon to be held November 8, 1995.) Dated: November 8, 1995. _ a 1 j-~~ (signature) . . • o~~gpFFO(,~~oG JUDITH T. TERRY =2 y~ Town Hall, 53095 Main Road TOWN CLERK co 2 P.O. Box 1179 u- Southold, New York 11971 REGISTRAR OF VITAL STATISTICS • MARRIAGE Fax (516) 765-1823 OFFICER 1 Phone (516) 765-1800 RECORDS MANAGEMENT OFFICER Tele FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Judith T. Terry, Southold Town Clerk DATED: October 24, 1995 RE: Zoning Appeal No. 4348 - Theodore Petikas Transmitted herewith is Zoning Appeal No. 4348 for THEODORE PETIKAS for a variance. Also included is: Notice to Disapproval from the Building Department dated October 17, 1995 with copy of application); Notice to Adjacent Property Owners; ZBA Questionnaire; Short Environmental Assessment Form; copy of Board of Trustees Wetland Permit; copy of DEC Permit; survey; and plans. EXIST ~G ~~D E~~ 1-lous'< lZ Si~l ' N 4 T F ~ .-1 ~ P IZC~ t~b`•~!O= ~ ~ D r C. K, 2,1 L ! ~-1 C., T'/ / 77~, P01 t ~~c~- tom,` P SX T E.~-+T ~F C v~u>=TS~o a I' a GGZT SECT ~ - ! " JV~ LC II' If I~G L I~ 1 t BOARD OF APPEALS- TOWN OF SOUTHOLD In the Matter or the Petition of NOTICE to the Board of Appeals of the Town of Southold ADJACENT TO: -fOWit? OF Spgrlf04-p PROPERTY OWNER ~uL`D/rvG- 1JEP~4i27tifr--~T ~U(3`il~~'~r(~er/JAK~ ~m a r/f o - 6! W h r P Pe`t` u) ,9 j C- Det,(za r3eack, r- 1- YOU ARE HEREBY GIVEN NOT ICE: 3 3 `L-~ 1. That i ,e intention of the undersigned to petition the Board of Appeals of the Town of Southold to request (Variance) pecial Exception) (Special Permit) (Other) (circle choice] S; 7 SS t5aundvi e~J Ave - (S;O A04X it&: _ . 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: n t 7JrJ~ ~01'7AM~ ~P Z~ 3. TI at the prope ty which is the subject of such Petition is located in tile followin zom g district: u n tom - vn t/O I no -IS/- oCA to •I Thm h~ surh Petition, the undersigned will request the following relief: /6 LS9" 4L407!/C/1 ~Lt C~r?~iinl DF~Jc ON 7iVE WAf7e si,0E 12-F Y~ &Od,,/E _ ELUlk /tL r ,c Zna" 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article Section [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (516) 7~5-1809, 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in ti,e Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: 4_~3_ Petitioner Owners'Names: rl? Post Office Add s Tel. No. (,rl6) 731- 22-~/-/ 76r- So 67 [Copy of sketch or plan showing proposal to be attached for convenience purposes.] PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAM ADDRESS L~L9? S53 Receipt for -Certifiedor No Inse Mail Do not useoe coves sent ro (See Reverse) r Internati nalvMaiii Sneer aPtl NP P D. Stare ano ZIP CPtlC O ~ Postage Ce.rilretl Fae $ a Special Delivery Fee A/0 Rres~ni ~ ~ m& Return flee live.pa( Date, antl wing ro Wh tOiAL Posr s Atlmeas &F s / L #01 ca119 $ STATE OF NEW YORK) ss.: COUNTY OF SUFFOLK) Q residing at J~etn/0 A ~ly being duly sworn, deposes and says that on the day of 19, deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the torten assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at t L, that said Notices were mailed to each of said persons by (certified) (registered) ma Sworn to fore me this day of Notaryy Public HELENE Notary public, State of New York No.4951364 Qualified in Suffolk County Commission Expires May 22, 19 g p (This side does not have to be completed on form transmitted to adjoining property owners.) r^r 230 a '\Efer'PT 6 LYS. CE T. TO~ny ,r c, I HOl r3 BOARD OF APPEALS. TOWN OF SOUTHOLD In tine Matter or the Petition of NOTICE yy J~R1,/Jm /L€ I~6 7/K.2! TO to the Board of Anneals of the Town of Southol/d~ ADJACENT TO: -rO (V" RAF J 0q-/ If0~-~ PROPERTY OWNER ~u~~7~/rvG- ~F/~~4f27~•(r--v~T AV C./ YOU ARE IIEREBY GIVEN NOIICE: 1. Thal t ne intention of the undersigned to petition tine hoard of Appeals of the Town of Southold to request .(Variance) pecial Exception) (Special Permit) (Other) [circle choice) ~ S~75S o undyi..eee) Aye mSv" 010 •U~? -J. 2. That tine properly which is the subject of the Petition is located adjacent to your property arid is des- cribed as follows: car 3. TI al he prope ty y hfch is the subject of such Petition is located in file followin tonfn g district. t IQU•• Q~~ id _~7cx y~~ ADO . Sr 13 - 4 Tlnat hi such Pelitfun, the undersigned will request the following relief: IO 41F- s~LLatrlcA 0-f 22r~~-f 4 CJK-kl JA) ACdk oN Y,rFE &/Af> s/DE 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article section [ ) Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York arid you may then and there examine the same during regular office hours. 1516) 745-1809. 7. That before the relief sought may be granted, a public heating, must be held on the matter by the Board of Appeals; that a notice of such hearing must be published al least five days prior to the date of such hearing in tine Suffolk Times and fn the Long Island Traveler-Mattltuck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. 3 ^ W Dated: 0- -7 Petitioner Owners'Name s Post Office Addrg~s QC Te 1 . No. (,rlo loo [Copy of sketch or plan showing proposal to be attached for convenience purposes.] i ~ QUESTIONNAIRE FOR FILI'.tG WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and eat=ties) having a financial interest in the subject Premises and a description of the- interests: (Separate sheet may he attached-) r 1//.04 B. Is the subject premises listed on the real estate marzet for salefor being shown to prospective buyers? { } Yes (\1,} No- (.I.f Yes, C n' v of "cendi'^ ^nof sc i e_ ) C. Are therm any -proposals tp orange = alter Ind c ut { } Yes {Yl No D. I. Are //there any areas watts coat'. in wetrnd grassas? 2. Are the wetland areas shown an the map sill ,,tt_d wi` this application? _-A-10 3. Is the property bulkheaded between the wetlands area and the upland building area? 4. If your property contains wetl7ands or pond areas, have you contacted the Office of the Town T=1 tees for its deter n1 nation of juri sdic-lion? E- Is there a depression or sloping elevation near the area of praposed constz-uction at or below five feet above mean sea level? M_ (If not apalicable, state 'IN-A. 11) F. Are therm any patios, conCrate barriers, bulkheads or fnnr as which e=: s= and are not shown an the sir-rey map that you xr submit`.ing? k1o ki- If none exist, please state "nane_" G. Do you have any canst+=uction takiag place at this t_me cenc2rn;„g your premises? L O K,K If -yes, please submit 'a cap-v_ Of Your building permit and map as approved by the Building Depar:.:.rent_ If acne, please state. H_ Do you or any co-owner also own other lard close to th4s parcel?_ If yes, please e_vplaia where or suhmi- ccP4es of deeds. ` I• ?lease list prest use or oneraticrs cenductad at this parcel 7~ 1 &57 1e _L L_ proposed use and DES (D ~ANi A~ aucacr•_ec S_y^atn_a ~.c Daca 3/37, 10/901s ¢ 47-I3 W r.'T'r OUMS § 47-13 TOW'Lr - The Town of Soutbaid_ TRUSTEES - The Hoard of Trastees of the Town of Souchoid- [Added 6-544 by LL. No. 6-19841 W L".NDS (?.mended 8-26-76 by LL Yo. 2-1976; 3-26- 85 by I.7 Yo. S-L85 F tDAL WETL LgDS. (1) All lands generally covered or intermittently cov- ered with, or which border on. tidal waters, or lands lying beneath tidal waters. which at mean low tide are covered by tidal waters to a maximum death of five (5) feet. including but act limited to banks. bogs. salt marsh. swamps. meadow& flats or other low lying lands subject to tidal action: (2) all banks. bogs. meadows, flats and tidal marsh subject to such tides and upon which grows or may grow some or any of the following- salt hay, black 8rsss. saitwors, sea lavender, tall corcigrass. high bush. cattails. groundseL marsh -11 w and low (3) All land munediate:T adjacent -,o a tidal wetland as defined in Subsection A(2) and lying within seven- tY-five (75) feet landward of the most landward edge of such a tidal wetiand. B. FHESi 1:rAT^I WETLANDS: (1) "F: shwater wetlands" as defined in Article 23. Ti- tle 1. § 24-0107. Subdivisions 1(a) to i(d) inciusive. of t`c Environmental Conservation Law of the State of \e%v Tork:and (2) All 'and immediace!v adjacent cc a "'.-eshu-ater wet- land-- as defined in Subsection 3(1) and lying with- in seventy-uve (75) feet landward of the most land- war~- edge of a "reshwater •.v~dand." 9705 _s-as tA.1tF>2tsT-Tact t2 81711 SCAR PROJE~:. L0. NuMeEa Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNUSTE] ACTIONS Only PART ]-PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT (SPONSOR I Z. PROJECT 1. PROJECT LOCATION: SPZ,7SS 60Gl A~~?/EtJ 'h'vE Camw MunieioallN A. PRE=F. LOCATION (Shen monies arw mad interseaUam. mammmt lam RX. an. or ara'ngs meal 527 5v~ d0u ?l ecJ A V2 ~6tt7'~lot~ ~ ;fJ.y, 5. IS PROPOSED ACTION: ONate Examses OESCAI MtttlRg3t1aNaltMlwn a. eE PeoJEC 3RIEPl.Y: C Ce~n1S-fRu cr/0Al o~ 7. AMOUNT OF LANO Z M' t Initglh aarC3 Ultlma[etr aare3 d. WILL PROPOSM ACTON COMPLY WITH EXISTING TONING OR OTHER EXtsTING LANG USE RESRIC7fONS? gY83 C.40 It Nn, d'12=1341, onstly 1. W{I AT is PRESENT UNO USE IN VIC:NITYO-~F PROJECT? G OIMt I. P83we ttal r- 1..: ;naustnal U eammemial : Agnwaure L PanuFarnaoasn aoue I 0 as Ia. GOES AC-:ON INVOLVE A PERMIT APPROVAL. OR FUNOING. NCW CA ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY IFE7E9AL STATE OR LOCAL(? ayes C.,40 It Yee. it= agaw"s) ant gennlVanarmats ,DEC'.) "(owl T2us7EE~- . tl. ,,~~CC`OES ANY AsPEC. OF THE Ac,;N HAVE A CURRENTLY VAUO PERMIT OR APPROVAL? I / . L_N^ It yew :ist age,:E name ana aemfltaaaravn ~ EG ~aW ~ TR.uS-/EES. 12. AS A AESULT OF PROPOSE? ACSCN WILLEXISTING PERMITIAPPROVAL RECUIRE MOOIFIGTION? _ Yes E I CERTIFY THAT 771E INFORMATION PROVIOEO AASOVE ISCTRUE TO THE 3EST OF MY KNOWLEDGE ~I rrtl~nj E ~a I / k A 7 Oatr. Zo -G ~3 '-l f name: n >PPnunvssonaar ~ ITTCL Signatum f the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Farm before proceeding with this assessment OVER (Continued on reverse side) T:se N.Y.S. and d an So eakenvin. ran enQualical ty revReviewiewwi11 Acc uretches submission before pre any e mnde l.y tzis ,,on beny action is taken. SHORT ENVIRONMENTAL ASSESSMENT FORM INSTRQCTIONs: (a) In order to answer the questions in this short EAF it is assumed that the preparer will use currently available information concerninq the project and the likely impacts of the action. It is not e..ected that additional studies, research or other investigations will be undertaken. (b) if any question has been answered Yes the project may be sig- ad.ficant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that the project is not significant- (d) Environmental Assessment 1. Will project result in a large physical change to the Project site or Physicallyalter more *ban 10 aces of land? Yes NO 2. Will there be a major change to env unique or RRR... unusual land fora on the site? v es No 3. 9111 project alter or have a large effect on an eatis..inq body of water? - 4_1T _Yeo 4.1 Will project have a potentially large impact on groundwater quality? _Yes a 5. Will project significantly effect drainage flow T on adjacent sites: VV - - _Yes ~No 6. Will project affect any threatened or endangered - plant or animal sneci.es? _Yes 1!P110 7. Will project result in a major adverse effect on '-~'c ay quality? !as No a. Will project have a major effect on visual char- attar of the community or scenic views Or vistas 'mown to be important to the community? Yes 7L, No 9. Will project adversely impact.any site or st-uct T ' Pre of historic, pre-historic, or palecntologic L importance or any site designated as a critical . environmental area by a local agency? _ves Na . . I.C. Will project have a major effect on existing or future recreational Pppor:,unities? Y 11. i7i11 Project result is major traffic problems or cause a major ei_ect to existing transportation systems? Yes YNo 12. Will project regularly cause objec--iPnahle odors, noise, glare, vibration, or electrical disturb- ance as a result of the oroject's aeeration? _v es ^ No 13- Will project have any impact on Public health y1 or safety? Yes NP 14. Will project affect the e..cist. iag community by directly causing a growth in permanent oooula- tion of more than S percent over. a one-year period or have a major negative efface an the es Ma character at the community or neighbarhoad? 15. is there public controversy concerning the project? _Yes vo ?reparer's Signacur ~ TT Represe.^.tin . Z2A 4Zpg g' Date: ~f7. r i svi=l;i t ^QG avAracjr F4, s~ y[ocr I GHAptNGN ~T-SUFFOLK CO. HEALTH DEPT, APPROVAL min. s/ev_ II ! r q.~e?~ ror its :of : 307, H. S. NO. 9!-SO -/Az i s4- w I :.o .ax.5~ o/d45. w[fh, n 9.9 -'~.•7-0 ^ I 9.7 ;i~ tank aE~ - ~ . s-'6.: -°------•-s = ` T co _ T Foot r51 reo ~ _g.ou.+d wa1'u?__T _ 2' re Ay: nnn9 wp/8 , YY STATEMENT OF INTENT Q~ -O.O- THE WATER SUPPLY AND SEWAGE DISPOSAL iSYSTEMS FOR THIS RESIDENCE WILL ,yT°nq r \ i CONFORM TO THE STANDARDS OF THE 1 I - e D O .SL'f't 'v'C- SUFFOLK CO. DEPT. OF HEALTH SER1~5. (SI APPLICANT 1 'g~ m - \ r7T \ J SUFFOLK COUNTY DEPT. OF HEALTH lQ FdFifi?C.%~Il7iati c SERVICES - FOR APPROVAL FOR e v r - - Aq `2 C O .,r CONSTRUCTION ONLY es * OAT S \ q _ h ? N r - 1 ~ _ a 4 x, H. S. REF. NO.: 9! - SO /O -z Z -1 APPROVED: SUFFOLK CO. TAX MAP DES NAT10Nc 1 6._ \ K \ \ s \ G DIST. SECT. BLOCK PCL, r: mot I I 9-/ s .a Af ? \ OWNERS ADDRESS: { N A $ \ \ °S`I J y"LCVR.diAwl 144rE.' x;~ _ rt.. J~ , ~ . \ s~ '-~y.+"` ~ rr L~~'•Yry?e4 dr£~.: ~ yf. !i7l4 ~ tY '-'Y fC e 1m mac'Q . r DEED: L. ' eta \ A4 'r . 0 " 4t M b ' P TEST HOLE taodl P w.vyi..wwwana 'Nr i d• 5 : r >zoeerN.x.wroR~r' l of { LF % f7,Nt- canon law q Ssoi~` ~Y' `J @t3// a 71~ - - cR.LIs.- 3r! •-.Y!' A ~r.4 J:lC i ienn:urveyon.'wa a.ua dwe" ~ C \ ~ D S - 5.. Ia N. Wean br wnw•niM ,o~ ` f^ s • _ 'l' - ~ UFP%C3Li~ Co.[l,•VZ-y' 7`c}~,., A%1. t0490-i3S-1 ',27 .ttr~'f'~/.)J~ aanq,aeooni.wnwroN e4std.nian lllalftlanhiapoM•Yyp araf,~r in. bro oa' a..,.www..ny niaa ~ r ` • f1.:- -r i - .'It iJC-~ ^ l.i^ri LJ %r ~^,+1--.`•! .SOSrd.Jr~,~`L 7 avian arauWwawd \ L L '4 vir \ v I adtfi rn C x! c_ r oN, ,.a -o ,rtE sia i 6zec ,V6vp Sr. 'oaf c. cam. ~ a'AY_'•' In L Anra.'IC145d: nlov. Is, i95t r - - ~iCY. ::G. , y qLr /9 t993 P P~CK V Y /O SJ 7• -~b ~ ~ci-:~' ..r~,~ {u;/aif- i+•~: Aai FJ OC[iBR. ~ Off' <9 - - 9 t?.r pia .-wear. ~lste-L Attie. 28, 199 f1 .mss .r.Ln.~{r c'- ~ . fr+' S~irt4', ¢ r `s U 4GZ:y5, l l_ 4uq '9S~ RODERICK VAN TUYL, P.C. E v A,-q 4, :99e .ti _ ti+w i .w.y I +trrV~l cFis ° <3256ry~~{o Q°C 28, 1992 Ep LAND SJP `ar S :99 LICENSED LAND SU EYORS mar 449 GREENPORT NEW YORK :L~rne lost ne^zo •M.ti,/ "4. .x- - APPEALS BOARD MEMBERS " ,rr SCOTT L. HARRIS Supervisor Gerard P. Goehringer, Chairman a Serge Doyen, Jr. Town Hall, 53095 Main Road James Dinizio, Jr. P.O. Box 1179 Robert A. Villa Southold, New York 11971 Richard C. Wilton rV Fax (516) 765-1823 Telephone (516) 765-1809 BOARD OF APPEALS Telephone (516) 765-1800 TOWN OF SOUTHOLD ACTION OF THE BOARD Appeal No. 4170: Application of THEODORE AND MARIA PETIRAS (as contract vendees). (Owners: John Phillipedes, and others). Request for Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4A, and Article XXIV, Section 100-244B, for permission to locate new dwelling structure with an insufficient setback from the bank along the Long Island Sound and sideyards at less than the required 25 feet. This application is a new location different from that considered and alternatively granted under Appeal No. 4078 rendered April 22, 1993. Location of Property: North Side of Soundview Avenue, Southold, NY; County Tax Map Parcel No. 1000-135-1-27. This parcel is nonconforming as to total lot area at 11,000+- sq. ft. WHEREAS, after due notice, a public hearing was held on June 22, 1993, at which time those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located along the northwesterly side of Middle Road (C.R. 48) near its intersection with sound view Avenue, at Arshamomaque, Town of Southold, containing a total lot area of approximately 11,000 square feet, and is identified on the Suffolk County Tax Maps as District 1000, Section 135, BLock 01, Lot 27. 2. The subject premises is vacant land. A portion of the land consists of low beach areas subject to flooding, and the remainder with variable contours as shown on the March 23, 1993 survey map to be between 5.8 feet and ten feet above mean sea Page 2 - Appl. No. .-70 Matter of Theodore and Maria Petikas ZBA Decision Rendered June 22, 1993 level (MSL). The dimensions of the lot are as follow: (a) the frontage along middle Road - CR 48 is shown to be 30..0 feet; (b) the width along the low bank near the ordinary highwater mark per the N.Y.S. Department of Environmental Conservation maps is 48+- feet; (c) width at the extreme north end (below the current highwater mark) is shown to be 63+- feet,' (d) the average depth of the property is 239 feet. It is also noted that the premises is located in the A-8 Flood Zone (min. el. at 11 feet above MSL at lowest floor utilized for residential use or placement of utilities (furnace, wiring, etc.). 3. Appellants have been authorized to make this application as contract vendees under a Contract of Sale dated September 16, 1991 with the property owners. 4. In this application, relief is requested to locate a 26 ft. wide by 30 ft. deep dwelling (inclusive of deck floor area, porches, and other construction) as shown on the survey map lastly amended May 24, 1993 and prepared by Roderick VanTuyl, P.C.). The dwelling construction is shown to be at least 50 feet from the line of the low bank. The sanitary system pools are shown close to the driveway-parking area, all landward of the proposed house location. The sideyards are shown at eight feet on each of the two side yards. Waterproof retaining walls and curbing is shown along both side yards (el. 6'8") for a proposed length of 135+- feet. A 12" water main runs along County Road 48. 5. Article XXIII, Section 100-239.4A of the Zoning Code provides for a setback of not less than 100 feet from the bank or bluff of the Long Island Sound. Article XXIV, Section 100-244B of the zoning code provides for a setback at not less than 10 feet as a minimum, and 15 feet in the other sideyard, and a total combination of not less than 25 feet. This new location of the proposed dwelling is necessary due to the narrowness of the lot. 6. Since the filing and grant of alternative relief under Appeal No. 4078 rendered April 22, 1993 to the applicants herein, the following approvals were issued: a) Southold Town Trustees variance under the Coastal Erosion Hazard Area Law, Permit No. 135-1-27, dated May 27, 1993. One of the conditions under which this permit was issued is that the sanitary system remain in the yard area facing the street; b) N.Y.S. Department of Environmental Conservation Permit No. 1-4738-00424/00001-0 issued May 28, 1993. One of the Page 3 - Appl. No. _170 Matter of Theodore and Maria Petikas ZBA Decision Rendered June 22, 1993 conditions under this permit was the requirement that there be no disturbance to the natural vegetation of topography within an area extending 53 linear feet landward of the wetland boundary. Also, roof runoff shall be directed into drywells a minimum of 100 feet land of the tidal wetland boundary for immediate on-site recharge. No decks, accessory buildings or additions unless further approvals and permits are obtained. The distance to the ordinary highway mark is shown to be 75 feet to the location of the dwelling, and according to the D.E.C. approved map is shown to be 75 feet, and 140 feet from the front (street) line to the back (waterside) of the proposed dwelling. 7. This request for sideyards is basically the same at eight feet and eight feet for a total of 16, except that the width of the house would be slightly greater at this new location of the house further north 50 feet which is the location approved by the State and Town wetland agencies. 8. There are houses with similar setbacks in this waterfront community which existed prior to the enactment of this law in may 1985. 9. In considering this application, the Board also finds and determines: (a) that the sound (northerly) setback requested is within the established setbacks presently existing in the area; (b) the hardship is related to the uniqueness of the land due to its size, shape, topography, location, and the character of the neighborhood; (c) the variance requested is the minimum necessary to afford relief and there is no viable alternative for appellants to pursue other than a variance; (d) the grant of the variance as applied will not be detrimental to the health, safety, or welfare of the community, and it will provide a benefit for the property owner to use his land for a zoning use allowable in this R-40 Residential Zone District; (e) the conditions for this variance and for all other agency permits must be carefully and faithfully followed by the property owner (and their agents) in order to prevent runoff or other discharge and to aid in preventing any adverse effect or impact on the physical or environmental conditions in this location; Page 4 - Appl. No. 4_/0 Matter of Theodore and Maria Petikas ZBA Decision Rendered June 22, 1993 (f) the appellants' requests are not unreasonable in light of the limited upland area available for a residence, and the difficulties claimed are related to the land rather than a personal claim of appellants; (g) the relief as granted will not be adverse to the preservation and protection of the character of the neighborhood and the health, safety and welfare of the community. Accordingly, on motion by Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, to GRANT the relief as requested and noted below in the Matter of the Amended Application of THEODORE AND MARIA PETIKAS under Appl. No. 4170: a) placement of the entire dwelling construction, which must include steps and overhangs, shall not be closer than 50 feet to the low bank of the Long Island Sound as more particularly shown on the survey map prepared by Roderick VanTuyl, P.C. dated May 24, 1993; b) placement of the dwelling construction shall not be closer than eight feet from either side yard, and not less than a total side yard area of 16 feet; C) no building construction activities shall take place until all agency approvals have been issued, in writing, including the Southold Town Building Inspector's office; d) the side yard(s) remain open and unobstructed at all times for access by emergency and/or fire vehicles. Vote of the Board: Ayes: Messrs. Goehringer, Dinizio, Villa and Wilton. (Member Doyen was absent.) This resolution was duly adopted. /GERARD P. GOE INGER, CHA APPEALS BOARD MEMBERS ~v SCOTT L. HARRIS Supervisor Gerard P. Goehringer, Chairman _.3 Serge Doyen, Jr.p r~ Town Hall, 53095 Main Road James Dinizio, Jr. P.O. Box 1179 Robert A. Villa Southold, New York 11971 Richard C. Wilton Fax (516) 765-1823 Telephone (516) 765-1809 BOARD OF APPEALS Telephone (516) 765-1800 TOWN OF SOUTHOLD ACTION OF THE BOARD Appeal No. 4078: Application of THEODORE AND MARIA PETIKAS (as contract vendees with the owners, JOHN PHILLIPEDES, HELEN MANIS and ACHILLES STACHTIARIS). Variance(s) to the Zoning Ordinance requested under Article XXIV, Section 100-244B for permission to locate new dwelling structure with side yards at less than the required 10 feet and less than the required total sideyards at 25 feet. Location of Property: North Side of Soundview Avenue, Southold, NY; County Tax Map Parcel ID No. 1000-135-1-27. This parcel is located in the R-40 Low-Residential Zone District is nonconforming as to total lot area at 11,000+- sq. ft. WHEREAS, after due notice, a public hearing was held on March 18, 1993; and WHEREAS, at said hearing those who desired to be heard were .heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located along the northwesterly side of Middle Road (C.R. 48) near its intersection with Sound View Avenue, at Arshamomaque, Town of Southold, containing a total lot area of approximately 11,000+- sq. ft., and is identified on the Suffolk County Tax maps as District 1000, Section 135, Block 1, Lot 27. 2. The subject premises is presently vacant land, a portion of which consists of low beach areas, subject to flooding, the remainder with variable contours shown on the March 23, 1993 survey map to be between 5.8 feet and ten feet above mean sea level. The dimensions of the lot are as follow: (a) the frontage along Middle Road is shown to be 30.0 feet, (b) width at the low bank near the ordinary highwater mark per Page 2 - Appl. No. 4078 Decision Rendered April 22, 1993 Matter of THEODORE and MARIA PETIKAS the D.E.C. is 48+- feet, (c) width at the extreme north end {below the current highwater mark} is shown to be 63+- feet, (d) the average depth of the property is 239 feet. It is also noted that the premises is in the A-8 Flood Zone (min. el. 11 feet above mean sea level for utility area at lowest floor elevation). 3. Appellants are requesting permission to construct a 26 ft. wide x 30 ft. deep two-story dwelling structure with reduced side yards at five feet from the westerly side property line and at 4-1/2 feet from the easterly side property line. The total side yards are proposed at 9-1/2 feet, at its closest points. 4. Article XXIV, Section 100-244B of the zoning code provides for a setback at not less than 10 feet as a minimum in one side yard, and minimum of 15 feet in the other side yard, for a total of both sides yards at not less than 25 feet. 5. It is the opinion of the Board that the relief requested for setbacks of 4.5 feet and at 5.0 feet to the property line is substantial in relation to the requirement. The percentages requested are: (a) 50% reduction on the westerly side; (b) 55% on the easterly side; (c) 62% reduction for total sideyards. No variance is being requested for the setback from the low bank or the front yard area. The setback is shown on the March 23, 1993 survey prepared by Roderick VanTuyl, P.C. to be 100 feet or more from the low bank (8' contour near the highwater mark). The front yard setback is required to be a minimum of 35 feet, and the applicant is proposing a front yard at 48 feet to gain width for the sideyards. 6. In considering this application, the Board also finds and determines: (a) that the grant of the side yard relief as requested will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; (b) that although the uniqueness of the property due to the size and character of the property do lend to the difficulties in this proposal, the percentage of relief requested for a reduction between 50% and 62% of the requirements is personal to the applicant or landowner; (c) that the variance requested is not the minimum necessary to afford relief and there is an alternative available with a greater side yard setback for minimal relief; (d) that the grant of the relief requested will set Page 3 - Appl. No. 4078 Decision Rendered April 22, 1993 Matter of THEODORE and MARIA PETIKAS and would encourage other precedents which in turn will be adverse to the essential character of the neighborhood; (e) alternative relief, as noted below, would not be detrimental to the health, safety or welfare of the community, and would afford a benefit to the.applicant; (f) in considering all of the above factors, the interests of justice will be served by denying the variance requested, and granting alternative relief, as further noted. Accordingly, on motion by Member Wilton, seconded by Member Villa, it was RESOLVED, to DENY the relief requested, as noted above, and BE IT FURTHER RESOLVED, to GRANT the following ALTERNATIVE RELIEF as a minimum to afford side yard relief: 1) Minimum side yard setback for all dwelling construction at not less than eight feet from the westerly side property line; 2) Minimum side yard setback for all dwelling construction at not less than eight feet from the easterly side property line. 3) Minimum total sideyards for dwelling construction at not less than 16 feet; 4) No building construction activities until the Suffolk County Health Department approval has been issued, as well as compliance with all other agency approvals and issuance of a building permit by the Southold Town Building Inspector's Office. 5) That the side yard(s) remain open and unobstructed for access by emergency or fire vehicles. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio, Villa and Wilton. This resolution was duly adopted. lk GERARD P. GOEHRINGER, CHAIRMAN