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Home My WebLink About4072 APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Vills Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fsx (516) 765-1823 Telephone (516) 765-1800 Appl. No. 4072 as Amended 5/20/93. VARUJAN ARSLANYAN. Request for Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 as amended May 20, 1993 for permission to construct open deck-spa addition with an insufficient setback from the bank along the Long Island Sound. The lot area and width of this parcel are nonconforming and are located in the R-40 Residential Zone District. Location of Property: 54455 County Road 48, Greenport (near Southold); County Tax Map Parcel No. 1000-52-1-8; also referred to as Combined Lot #1 & 2 on the Land Map of Young & Goodale. WHEREAS, a public hearing was held on June 22, 1993, at which time all 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; WHEREAS, 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. AREA VARIANCE. This is an application, amended on May 20, 1993 requesting permission to locate an 18 ft. by 64 ft. wide open deck at the north side of the existing dwelling structure (under construction pursuant to Building Permit No. 21153 issued December 17, 1992. The Building Inspector's Notice of Disapproval upon which this appeal is based is dated May 20, 1993. 2. CODE REQUIREMENT. Article XXIII, Section 100-239.4A of the Zoning Code requires all buildings and structures located on lots upon which there exists a bluff or bank landward of the shore or beach of shall be set back not less than one hundred (100) feet from the top of such bluff or bank. Page' 2 - appl.~. 4072 (Amended Matter of VARUJAN ARSLANYAN Decision Rendered June 22, 1993 3. PROPERTY DATA. The premises in question is situated north along County Road 48 in Greenport and is a described parcel of land also shown as Lot #142 on the Map of Young & Goodale (per Assessor's property records). This parcel contains a total lot area of 29,142+- sq. ft. Areas seaward of the Coastal Zone boundary line (near the top of the bank) are unbuildable, which lends to the limitations for building while meeting all other zoning code requirements. 4. PROPOSAL. Proposed in this application is a request to locate an open deck extending 18 feet from the north wall of the existing dwelling to a new bulkhead (proposed) location, at a width of 64 feet (full width of the house). The setback between the outer edge of the edge and the newly proposed bulkhead is 32 feet (confirmed at hearing). Also proposed is a four-foot wide walkway along the easterly side of the dwelling leaving an open, unobstructed setback at 15 feet. 5. SITE INSPECTION(S). (a) An inspection of the site reveals that most of the face is bank area (rather than a high bluff) at a 14-16 ft. elevation above mean sea level {ref. survey dated December 21, 1992 and photographs submitted in the record}. At the present time, the bank area is not well stabilized, and an application is pending at this time before the N.Y.S. Department of Environmental Conservation for placement of the bulkhead structure between the beach and bank area. Also, measures will be required to be taken by the property owner to properly install drywell drains and other landscaping-planting measures to prevent rain-water runoff into the Long Island Sound areas from this property. (b) Research of town records shows that there are other lots east of this parcel with similar nonconforming setbacks. 6. OTHER TOWN AGENCY JURISDICTION/REVIEW. Correspondence has been received from the Office of the Town Trustees confirming that the deck addition, walkway, and bulkhead structure as proposed herein has been issued a variance and permit under the Coastal Erosion Management Law (Ch. 37) and Wetlands Ordinance (Ch. 97) of the Town of Southold. 7. EFFECTS OF RELIEF REQUESTED. Board that in considering the relief, particularly shown on the May 4, 1993 It is the position of this as amended and more site plan, that: (a) the setback at 32 feet from the proposed bulkhead along the L.I. Sound bank is substantial in relation to the Pag~ 3 - Appl.~. 4072 (Amended) Matter of VARUJAN ARSLANYAN Decision Rendered June 22, 1993 requirements, that is, meeting 32 percent of the 100 ft. setback requirement; (b) the grant of this request will not alter the essential character of the neighborhood; (c) the difficulties are uniquely related to the character and shape of the property as well as its topography, and the difficulties claimed are not personal to the landowner; (d) the relief as granted would not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (e) there is no feasible alternative for appellant to pursue, as noted below; (f) in view of all the above, the interests of justice · will be served by granting the relief, as requested and further noted below. 8. NO ADVERSE EFFECTS. It is the position of the Board that in considering this alternative: a) the benefit to the applicant, as weighed against the detriment to the health, safety, welfare of the community, is greater, and is not unreasonable in light of limited upland area available for residential use in this rear yard area; b) the benefit sought by the applicants cannot be achieved by a method, feasible for them to pursue, other than an area variance; c) the relief for an open deck, in lieu of an inground swimmingpool as originally sought, is not unreasonable; d) the relief requested will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; e) the difficulties created are related to the uniqueness of the land and are not personal to the landowner; f) 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 Member Dinizio, seconded by Member Wilton, it was Page 4 - Appl.~. 4072 (Amended) Matter of VARUJAN ARrSLANYAN Decision Rendered June 22, 1993 RESOLVED, to GRANT the relief, as amended for a setback at 32 feet to the new bulkhead as shown on the May 4, 1993 plan prepared by Peconic Associates, Inc., and walkway at the easterly side of the dwelling leaving an open, unobstructed access-setback at 15 feet, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the dr!rwells be installed for proper discharge of spa water; no spa water or rain water runoff shall be discharged towards the bluff face and all water shall be properly contained (or removed); 2. That the relief granted herein is limited to this open, unroofed deck, with spa, as shown on the May 4, 1993 plan prepared by Peconic Associates, Inc. 3. That there be no roofing or other enclosures; no screening (temporary or permanent); 4. That there be no placement of storage lockers or similar items in the restricted yard areas or on the open deck or walkway; 5. That lighting must be shielded to the ground and not be adverse to neighboring areas; 6. That the deck remain as a one-story deck (without expansion or an upper level added). Vote of the Board: Ayes: Messrs. Dinizio, Wilton, Villa and Goehringer. This resolution was duly adopted. lk : ECEIVED AND FILED BY I THE SOUTHOLD TOWN CT.F..~ Town Clerk, Town o~ Southold ,.//GERARD P. GOg--HRING~R, ~HAIRMAN APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BO~ OF ~P~ TO~ OF SOU~OLD NOTICE OF P~L[C H~IN~S SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and th~ Code of the Town of Southold, that the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on TUESDAY, JUNE 22~ 1993 commencing at the times specified below: 1. 7:30 p.m. Appl. No. 4172 - JANE~A. FERGUSON. Request for Variance to the Zoning Ordinance, Article X, Section 100-101 (Bulk Schedule) for permission to construct single-family residence (in lieu of constructing business building with ..reduced setback and side yards as noted in Appeal No. 1705 issued March 8, 1973). This parcel consists of 34,550+- sq. ft. and is located in the "B" Business Zone District. Location of Property: WEsterly side of Central Avenue, Fishers Island, NY; County Tax Map Parcel No. 1000-006-008-006. 2 & 3. 7:35 p.m. THOMAS W. BUCKNER. Property Location: Private Road off East End Road, Fishers Island, NY; County Tax Map Parcel No. 1000-010-05-2.2. Page 2 - Notice of arings Southold Town Board of Appeals Regular Meeting of June 22, 1993 (a) Appl. No. 4152 - Request for a variance under Article XXIII, Section 100-239.4(C) to permit addition to dwelling with an insufficient setback from freshwater wetlands; (b) Appl. No. 4171 - Request for a variance under Article III, Section 100-32, Bulk Schedule, for permission to construct westerly addition to dwelling with an insufficient side yard setback in this R-120 zone district. 4. 7:40 p.m. Appl. No. 4168 - THOMAS AND KATHLEEN MANGIAMELE. Request for variance under Article IIIA, Section 100-30A.4 (100-33) for permission to locate accessory garage in the front Yar~ area. This parcel technically has two front yards. Location of Property: 3180 Duck Pond Road, Cutchogue, NY; County Tax Map Parcel No. 1000-83-2-19.7. '5. 7:45 p.m. Appl. No. 4173 - CROSS STITCH CAT LTD. and ALLBOBRICK REALTY CORP. Request for approval of square footage/dimensions of second ground sign, as proposed. Location of Property: 13400 Main Road, Mattituck, NY. Subject premises is zoned Hamlet-Business and is identified as Suffolk County Tax Map Parcel No. 1000-114-11-9.3. Page 3 - Notice of rings Southold Town Board of Appeals Regular Meeting of June 22, 1993 6. 7:50 p.m. Appl. No. 4170 - THEODORE AND MARIA PETIKAS (as contract vendees). (Owners: John Phillipedes, and others). Request for Variance to the~Zoning Ordinance, Article XXIII, Section 100-239.4A, and Article XXIV, Section 100-244B, for permission to locate new dwelling structure with an insufficient setback from the bank along the Long Island Sound and sideyards at less than the required 25 feet. This application is a new location different from that considered and alternatively granted under Appeal No. 4078 rendered April 22, 1993. Location of Property: North Side of Soundview Avenue, Southold, NY; County Tax Map Parcel No. 1000-135-1-27. This parcel is nonconforming as to total lot area at 11,000+- sq. ft. 7. 7:55 p.m. Appl. No. 4174 - HENRIETTA AND ARTHUR MORMILE. Request for Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 for approval of nonconforming lot area of two parcels in the pending application for re-division of land. Location of Property: 270 Private Road #6, Laurel, NY; County Tax Map Parcel No. 1000-128-4-9, 15 and 16. Total area combined is approximately 23,000 square feet. 8. 8:00 p.m. Appl. No. 4176 - JOHN AND CONSTANCE CRONIN. Request for Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 for approval of deck with insufficient rear and side yards and in excess of lot coverage limitation. Page 4 - Notice of arings Southold Town Board of Appeals Regular Meeting of June 22, 1993 Location of Property: 1055 Old Orchard Lane, East Marion, NY; County Tax Map Parcel No. 1000-37-3-7. 9. 8:05 p.m. VARUJAN ARSLANYAN. Request for Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 as amended May 20, 1993 for permission to construct open deck-spa addition with an insufficient setback from the bank along the Long Island Sound. The lot area and width of this parcel are nonconforming and are located in the R-40 Residential Zone District. Location of Property: 54455 County Road 48, Greenport (near Southold); County Tax Mai Parcel No. 1000-52-1-8; also referred to as Combined Lot ~1 & 2 on the Land Map of Young & Goodale. 10. 8:10 p.m. PATRICIA STIEFER. This is an Appeal of the June 2, 1993 Notice of Disapproval issued by the Building Inspector for action by the Board of Appeals under the defintion of "family" at Section 100-13 for a determination that premises may or may not be occupied by up to eleven (11) persons unrelated by blood, marriage or adoption. Location of Property: 6760 Sound Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-121-4-8.1; also referred to as Lots #1 and #2 of the Minor Subdivision of Sundown Farms. Subject premises contains a total area of 13.3658 acres. Page 5 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of June 22, 1993 11. 8:20 p.m. Appl. No. 4169 - Application by GORDON PRICE seeking a Reversal of Building Permit #21375Z issued by the Building Inspector on April329, 1993 to Mark and Mary Bess Phillips, owners, on the grounds that applicant misrepresented that the proposed use is an agricultural building, Article III, Section 100-31A(2) of the Zoning Ordinance. Location of Property: 24850 Main Road (S.R. 25), Orient, N~f; County Tax Map Parcel No. 1000-018-06-005. Subject premises consists of 10.5+- acres and is located in the R-80 Zone District. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated above. If you wish to review the files or need to request more information, please call 765-1809 or visit our office. Dated: June 8, 1993. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRM3~q By Linda Kowalski x TOWN OF SOUTIIOLD BUILDING DEPARTMENT TO',%qS[ CLERK'S OFFICE--- SOUTtlOLD, N.Y. NOTICE OF DISAPPROVAL 'Fo .o .~. ~. ~ · PLEASE TAKE NOTICE that your application dated ....~. ~..[?~.. .... .k..~. ..... 19 .~ .t.. for pe~it to ~ .~.. ~ ~ ......................... Location of Property ~-~ ~. P2 ~q9 O ~- ........ at County Tax Map No. I000 Section .............. Block .............. Lot .............. Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds..~'~ ~ ~%~ 1~-3~ ............. - ' ...... 2" '" ' ' " ' ~ ~ ................. ~ .... ~..~ ~~.r~ ~~ ' . BuSidZnq Inspecgor RV 1/80 8LPG. DEi~ zow~ o~ sg;~r~. FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL 6OUTHOLD, N.Y. 11971 TEL.: 765-1802- · '- ~I~RD OF HEALTII ........... ~'ETS OF PLANS ........... S~:~EY CHECK SEPTZC ~ORH ......... NOT~FY CAL~ ............ , ........ HAIL TO: Approved . ..~ .~,c~..~ .... 19'~.~. · Permit No t.~.~.c~ .e/..~'.. Disapproved a/c ..................................... (Building Inspector) ,-' .APPLICATION FOR BUILDING PERMIT INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, wit 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 strc or areas, and giving a detailed description of l~yout of property must be drawn on the diagram which is part of this ap 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 pen 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 Occupa~ shall have been granted by the Building Inspector. APPLICATION IS IIEREBY MADE to the Building Department for tlie issuance of a Building Permit pursuant to Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances Regulations, for the construction of buildings, additions or alterations, or for iemoval or demolitibn, as herein descdb The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and admit authorized inspectors on premises and in building for necessary inspections. (S~,nature ot apphcant, or name, ~f a corporatzon · . .................... · -- (Mailing address of applicant) ~q'rT' ITk. Lt-, at/ II State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electnclan~plumber or build. (as on tile 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 ........................... Plumber's License No ......................... Electrician's Liceua~ No ................ ; ...... OtherTrade's License No ...................... House Number Street Hamlet ' County Tax Map No. I000 Section ~),_~,7,. Block I ......... Lot .... Subdivision ..................................... Filed Map No. {Name) .............. Lot .............. State existing use and occupancy of pren ; and intended use and occupancy of proposed construction: a. Existing usc and occupancy ....... ~ · ;~".3) .~ .~ ~.,/..C. ~.../ .................... ', .................. b. Intended use and occupancy .. ! .I - 7:: '.. ~'.'.,. (~ .~'~ .~.o-.o~ %/"~c.~ 3. Nature ~f work (check which applicable): New l]uilding ..... '... Repair .............. Removal .............. Demolition'': ' 2" ' ' Alterati°~D~Q2~.~i i 4. Estimat 'd Cost ...t760 ................................ Fee .~ ............. . ..... { . . t~, filing this~upplication) 5. If dwelling, number of dwelling units ............... Number~f'~welliug units on each floor ............ If garage, number of cars ............................................................... 6. If business, c°mmercial or mixed occupancy, specify nature and extent of each type'of us~ 7. Dhnensions of existing structures, if any: Front..-.. ~. ...... '. kear .............. Depth .. ,~ ~, ...... Height' . .............. Number of Stories. . ~ ................................ . ...... · ..... Dhnensions of sam~ structure with alterations or additions: Front ................. 'Rear .. ~; ~ ........... ~ep~ .... ~'~ ..... Ile ~t Numb ' ~' / 8. . .................... er oe otones ..... .~ ......... ~inlensions of entir~ new construction: Front ..... ............... or S,o.= .......... :.., ........................ .}4.. 9. S~zeoflot. Front ..... ~ .............. Rear ..... ~.~ .............. Depth ..~... i~ - ~ ' !0. Date of Purchase ................. ~ ..... cr .... n ..... ' ............ 1 I. Zon~ or us~ district in which premises are situated .... ~ ~_ c~ O Does proposed construction violate any zoning law, ordinance or regulation: ....... ' ........................ 13. W~I lot be regraded ............................ Will excess fi~ be removed from premN~: Yes 14. Nam~ of Owner of premises No .................... Address .... PI ' Nme of Architect .............. ' .............. ~one No .............. ............. Address ................... Phon~ No .............. Nmne of Contra¢tor ... . Address Phon~ No ............. PLOT DIAG~ Locate cle~ly ~d ~ctly ~1 bu~dhlgs, whe~er existMg or proposed, ~d. indicate ~I set-back dhnensions from prope~ ~nes. Give street ~d block number or description according to deed, ~d show street nines and Mdicat~ whether ~tefior or corner lot. I ~ ~ o STATE OF NEW YORK, 7-OUNTY OF ................. $.S e,/'- ............................................ ~ .... being duly sworn, deposes and says that he is the applicant ~bove nam/~d(.Name of individual signing contract) le is the * (Contractor agent corporate officer etc ) ~' ' · f said owner or owners, and is duly authorized to perform or have performed tile said work and to make and file titis Pplication; that all statements contained in Ihis application are true to the best of his knowledge and belief; and that the 'ork will be performed in the m,~nner set fo,th in tile application filed therewith. SVom to before me this ..................... day of ..... : ............. ,19... ota~ Public, . ................. County APPEAL FROM DECISION OF Bg[-L~'~l~i ~I~J~ECTOR APPEAL NO. C,/0 /'~,~ Southold Town Clerk DATE .............................. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. I, (We) .......... ................ Nome of Appellant Street and Number ................ · .~:Z.-...~...~....~Z:. ~.~..~...~...~'..:~..., ,./~...'~..~.~.,'-~...'~,[.-~,:T-~./I~EREBY O~O~O ...................................................................... APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) Name of Applicant for permit Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ~.'~...'(....,~..~..~:...~.:'.~.....~..4~...~....,~...'.~..~..-./~../~..,,/~,,,,,~..,~'.../,/....~.../~'...~... ....... ~..~...~.... Street /Hamlet / Use District on Zoning Map Map No. ~ Lot No. Prior Owner ~~g~ ~ 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 _'~ Section 3. TYPE OF APPEAL Appeal is mode herewith for (please check appropriate box) (~) 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 () 4. PREVIOUS APPEAL A previous appeal ~~ been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated .......... - REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (/X') A Variance to the Zoning Ordinance ( ) is requested for the reason that Porto ~,B! (Continue on other side) ', REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because : 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 STATE OF NEV~Y~)~rK/ ) SS ............................... /&: / Sworn to this ..... .?.~.~'~,d day of ............ ~ ?/ , --b;' , ' KAREN HALE-POTT8 /~',-,,.",,'.,~h/,~':!/~ J', - .:/// _ ~IOTARY PUBLIC OF NEW JERSEY / , J ~.~ Notary Public / APPEAL FROM DECISIGeOF BUILDING INSPECTOR Appellant: Varujan & Linda Arslanyan REASON FOR APPEAL STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unnecessary HARDSHIP because a. The project was under construction and proceeding by approval of the town building department under permit # 17899. Construction was delayed considerably due to contractor disputes~ required international business travel and hospitalization requiring surgery of the appellant, and unanticipated changes in design requiring permit revisions. b. The previously existing residence was sacrificed with the understanding that the proposed construction including a new residence, pool and deck was permitted under then existing requirements. A building permit was issued for same. The town changed the setback ordinance on March 3, 1989 <by L.L. Ne. 3-198~) resulting in this variance before the board and a loss of rights by the appellant. c. The previously existing residence no longer exists and cannot be utilized by the owner. Property taxes continue to be paid for an unusable parcel. 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 a. The previous dwelling pre-existed the ordinance by many years. The new foundation for the residence has been completed in accordance with previous approvals. In order to conform with the new ordinance it would have to be relocated to provide for the swimming pool and deck. Months of design and planning have been allotted to the project and thousands of dollars have already been spent. The cost for this additional work would be prohibitive. b. To my knowledge, no similar situation exists in the immediate vicinity of the property. The location is singled out because of the town's changing requirements. c. The construction is a conversion from a summer residence to a permanent residence. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because a. The majority of the homes and decks in the immediate vicinity and along other areas of Long Island Sound are constructed very much closer to the bluff than that required by the ordinance. b. The proposed construction would be an improvement to the neighborhood and increase tax revenues. A'~aa-~.-/--7 OF SOUTHOLD RECORD CARD OWNER RES. s~s. IMP. fi/ L~ND too0 '//~.' ~ / 0 0 TOTAL ~?o o v ~oo~ FARM DATE AGE BUILDING CONDITIOt, NEW NORMAL BELOW ABOVE Form Acre Volue Per Acre Volue Tillable I Tilloble 2 Tillable 3 Woodland Swampland i Brushlond House Plot Total VILLAGE DISTRICT SUB. ACREAGE TYPE OF BUILDING LOT ~xtens,o,', ~'X ~'0 ";. ')r/'~.. ,a~ment ~(1 F,~r, ~'r'"''' Extension Fire Place . ~.' .... >,~ ~%X~( = ~ ,z~ ~q ,' y~,,r Porch Breez~aT Patio Rooms 2nd Flor o.b. ' ' '/t I-'o' r~ ~ .... ~,-- FORMER OWNER LAND AGE NEW FARM Fillable 1 rillable 2 -illable 3 Voodland wampland rushland ' :~: SEAS. VL. IMP. ~oo NORMAL TOWN OF $OUTHOLD PROPERTY RECORD CARD STREET VI LLAGE N E ~/' W FARM CB. MISC. TOTAL DATE REMARKS ~'7oo BUILDING CONDITION BELOW ABOVE ACR. TYPE OF BUILDING · Mkt. Value/~ Acre Value Per Value FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD DOCK M. Bldg. Extension Extension Extension ~orch ~orch .~arage ~otio Foundation Basement Ext. Walls Fire Place Type Roof Recreation Dormer Driveway Bath -/ Floors Interior Finish Heat Rooms ! st Rooms 2nd Floor / Memorandum from .... ASSESSORS OFFICE Southold Town Hall P.O. Box 1179, 53095 Main Road Southold, New York 11971 765-1937 Floors ~ooms 2nd January 11, 1993 To Whom It May Concern: This letter authorizes PECONIC ASSOCIATES, RqC. to act in our behalf in making applications to the various regulatory agencies and securing necessary permits for the property located at 54455 County Road 48, Southold, New York: OWNER - VARUJAN ARSLANYAN. ~, .~, NOTICE OF i HEARI GS, NOTICE IS HEREBY GIVEN, pursuan(~o. Section 267 of the Town Law and the Code of the Town of Southold, that the following public hearings will be held by the SOUTHOLD TOWN ~fiOARD OF. APPEALS, at. the Southold Torn_Halt, 53095 M~n Road, Southold, N~ York 11971, on TUES- DAY, JUNE 22, 1~3 com- mencing at the times speci~e~ below: ~ ,? c, L 7i30 p.m. Appl. No. 4172 - JANET A. FERGUSON Request for Variance to the ~ning Ordinanc~ Aflicle Section 100-101. ,:: (Bulk Schedule) for'~ permissio~ construct ,single-family residence (in lieu of construc- ting business building with r~uced setback and side ~s as noted in ,Appeal No. 1705 issued Mamh 8, 1973). This pamel consists of 34,550 ~ sq. ft. property: W~sterly side of cent'raL' Avenue, ,, El~heis, Island' NY; C~nty ~ ~mel No. 10~-0~-~8~6. b' 2 & 3.7:35 p.m. THO~ >~*. ~CKNER,- tPropertg' ~cation:. Private Road off East .End Road, Fishers Island, NY; County Tax Map Parcel No, 1~-010-05-2.2. (a) Appl. No. 4152 - for h variance undei Mticle XXIII, Section 1~-239.4(C) to permit addition to dwelling with an insufficient setback from freshwater wetlands; lb) Appl. N~ 4]71,-~g~uest for:a variance under.~rticle III,, Section ~100r32; Bulk Schedul~ for permission construct westerly addition~to dwelling with an insufficient side yard setback in this R-12~ zone fiistr ct .:,, (~. ~ p.m Xppl N9~4168 '%2~ 'THOMAS MA~GIAMELE.' Request'for variance under Article IliA, Section 100-30A.4 (100-33) for permission to locate accessor~ garage in the front yard area. This parcel technically has two front yards. Location of Pro- perty: 3180 Duck Pond Road, Cutchogue, NY;~ County Tax ".Map . Parcel . No. 1000-83-2-19.7.~ . ~, ?; :,:' ¢5.7:45 p.m. Appl. No. 4173 - CROSS STITCH CAT LTD ~'and ALLBOBRICK REAL'Pt CORP. Request for approva of square footage/dimensions of second ground sign, as pro- posed. Location of Property: 13400 Main Road, Mattituck, NY. Subject premises is zoned Hamlet-Business and is iden- tified ag Suffolk Cdunt Tax, ; Map ' :l?arcel ',~' Nc 6. 7:50 p.m. Appl. No. 417 - THEODORE AND MARIA PETIKAS (as .~contract vendees). (Owners: .John, Ph!l[ipedes, and others). quest for Variance to the Zon- ing Ordinance, Article XXIII, Section 100-239.4A, and Arti- cle XXIV,: Section 100-244B, for permission to locate new -dwelling structure with an in- sufficient 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 altematively granted un} der Appeal No. 4078 rendered 'April 22,, 1993..Location' o~ Prop~rty:~North Side of Soundview,,Avenue; Southold, NY; County"Tax Map Parcel' No. 1000-135-I-27. This parcel is nonconformin~ as to total lot area at 11,000+ sq. ft. 7.7:55 p.m. Appl. No. 4174 - HENRIETTA AND AR- THUR MORMILE. Request for Variance to the Zoning Or- dinance, Article IIIA, Section 100-30A.3 for approval of nonconforming lot. area of two pamels in the pending ap- plication for re-division of land. Location of Property: 270 Priga. te Road, #6, Laurel, NY; County Tax _Map Parcel No. 1000-128-4-9, 15 and 16. Total a~ea combined is approx.~ finately 23,000.square feet. ;Y .,8. 8:00 I~.m. Appl.'No. 4176 [~ j0HN AN rfd6NS.T.~NCE" :~RONIN,2~Reitue'~t .~ for. Variance to the Or'l 1000-018-06-005. 'Subject~ dinance, A?fi~le ILIA, Section] premises consists of 10.5 100-30A.3 for approval of ~ acres and is located ifi the R-80 i:teck with insufficient rear and ; ZOne Distri~:t:?~L side yards and in excess of lot ' ~,Trhe Boat'd ~Of Appeaf§ ~vill coverage limitation. Location at'said timeand place heal' any of Property: 1055 Old Orchard and all persons or represen- Lane, East Marion, NY; .tativesdesiring County Tax Map Parcel No. the' above matterg..Written 1000-37-3-7. ~ ~'',-,r,/,~ "comments"may:also be~ sub- ' 9. 8:05 p.m. VARUJAN )'iffitted prior to the c0ndlusion ARSLANYAN., Request fox Of the 'Subject hcaring~:'Each · Variance to the Zoning OrzI :.~hearing will 'ilbt 'stai'~ dinance~ Article XXIII, Sec~" .., ....... .,..~,'~,~,~; tion, lUU--^~ 2~-4~y. as amc' nded~a~' me nines des~gnatea a~>ove2~w~sh. ' the files Ma*: 20 1993 for ermissio~l- you to review or tO construct open deck-spa ad- n. eed to.request ..mo_r.e.m.[o~rma- dition with an insufficient set- uon. please can back from the bank along the ,Dated: June 8, 1993. Long Island Sound. The lot area and width of th~s parcel are nonconforming and are located in the R..40 Residen/ial Zone District, Location of Property:'5,4455,'CountY Road 48, ~,GreenP°i't . :~J(near Souifiold); County 'i'a/{ Mal~ Parcel No. 1000-52-1-8;~ also referred to as Combined Lot #1 & 2 on the Land ~M~ap Young & Goodale.. ~:, ".10. 8:10 p.m. PATRICIA STIEFER. This is an ,Appeal of the June 2~ 1993 Notice Disapproval issued by Building Inspector' for acti0n~ by ~',' .,,. ~4BY ORDER OF .THE };;~i[,~'fi ~;~tOUTHOLD TOWN "!~.,~fiOARD OF APPEAL$ GERARD P. ¢ may or m~ay not by uP id eleven ~11 urn:elated I: 0(~3(~9) ' Map Parcel No.~1,0~-: 1214-8.1 'also referred to as Lots #1 and ~t2 of'ibC Minor '~ubdivision of Sundown Farms. Subject premises contains a total area , of 13.3658 acres.' ~,;~?. .; I1.8:20 p.m. 5p~l, ~& ~169 '.2 Application' ~y GORDON PRICE's~kin~ a R~ersal of Building Permit ~21375~ {ssued by the Building Irish- tot on April 29, 1993 to Mark 'an,d ~ary Bess~?hillip~ owners ~on the grpunds that .applicant misrepresented that 'the pr~po~d ~e' a~Hcultural building; ~A?iid III, Section I~-31A(2) of th ~ning Ordinanc~ ~catio~ : Of ~o~ty:'24850 M~n z~S.R?-25), 'Orient,;:~fC6fig~ ty ,~x 'Map Parcel ',~o~ COUNTY OF SUFFOLK STATE OF NEW YORK 55: Patricia Wood,' being duly sworn, says that she is the Editor, of. THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been j~ublished in said Long lsland Traveler. Watchman once each week for ......... : ........ ~.'.'..~! .... weeks Stlccessivel y, commencing on the ........ /.~...Z~. ....... ·., . Sworn ~o before me Ibis .................... clay of ......... ....... Nolary Public BARBARA ^. SOHNEIDER NOTARY PUBLIC, Sta!e ol New York No. 480~,346 Qualified in Se{folk County Commission Expires -~,,:~ NOTICE OF, GIVEN, pursuant to, Section~ 267 qf the Tow~ Law and the~ Code / 0~,~ the. ToWn~,o£~ Soutfioi'~l,' tt/:~t the fOllo~ving public hearings will b.e held the SOUTHOLD TOW~: BOARD.. OF .APPEALgl the Southold Town,, Halt, 53095 Main Road, Southold, New ¥or ?3 ..... ............ :~ V:~riance to: lhe Zoning or- 1000.018':062005.' Subj'~t. MANGIAMELE. Request for} dinance,'A?tlcle Ilia Section pCemises Consists of variance under'Article IliA, 100-30A.3 for approval of acres'and is located in,he R-80 Zone Dlstrlct.~ ,,,, Section 100-30A.4 (100-33) for ,. j deck wi{h insufficient rear and~ ' "~," permission to locate accessor~~ [ side yards and in excess of lot' The Board of Appeals garag{~ in the front yard area;i coverage limitation. Location i at said time and place hear This parcel technically has two of ProPerty: 1055 Old Orchard and all persons or represen- front yards. Location of Pro-~ perry: 3180 Duck pond Road~ CutchOgue, Ny;. County:. Tax'< Map % Parcel.~ NO. 1000-83~2-19.7~ 5~ 7:45 p;m Appl. N6. 4173 - CROSS STITCH CAT LTD. and ALLBOBRI~2K REALTYI CORP. Request for approval of Square footage/dimensions of second ground sign, as pro- posed. Location of Property: i 13400 Main Road. Mattituck,t NY. Subject premises is zoned~ Hamlet-Business and is iden- tified as Suffolk County 0Map ' Parcel ?o. -114-11-9.3... ;14i~ 6. 7:50 p.m. Appl. No. Lane, East MariOn, NY; tatives desir ng to be heard on/ county Tax Map Parcel No. the above matters. Written~ 1000-37-3-7.'i';:4,~t *$:'~?'"i" ~. comments may also be 9,~ 8:05 · l~.m~ ' VARUJAN mRted prior to the conclusion ARSLANYAN. Request for of the ~ubject hearing. Each:; VarianCe tO the Zoning` Or'z I hearing will not start dinance, Article XXIII, Se¢~: . ~ ~ z - 'loft 100 239 ~ as amended: the times demgnated above. t - ' i al{ you wish to review the files or? May 20, 1993 for permiss ow ad need to request more informs- to cons{rUct Open deck-spa - . a.,. '**- ' ufficient set tion. please call 765-1809 or ultlon wire an ~ns .'. visit 0Ui' back from the bank along the ~ - .' . .',¢,.;, '.. Long Island Sound. The lot~ BY ORDER OF THE area and Width of this parcM. ': "en~ r.-,~^,n located in the R-40 Residential GERARD p GOEHRINGER Zone Distriet~koeation of- ' C ~ HAIRMAN Property: 5~5~ounty .Road ,~ i')by Linda Kowalski 48, Greenport tnear iX.6/10/93(49) }' APPEAI~ BOARD MEMBERS Gerard P. Goehringer, Chairman Serse Doyen, Jr. James Dinizio, Jr. Robert A. Villa Rielm~:t C. Wil~n Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 993 TO WHOM IT MAY CONCERN: Enclosed with this letter is a copy of the Legal Notice, as published in the Town's official newspaper (Long Island Traveler?Watchman, Inc. located in Southold, NY). The Legal ~ Notice outlines a generalized description of the relief or use requested in your application, the location of the property, and the time, date and place of the public hearing. Please have someone appear in your behalf aG the time specified in the event there are questions (and to prevent a delay in finalizing your application). Your public hearing will not start before the time allotted in the attached Legal Notice. Additional time will, of course, be available. If your presentation is length~, a draft or final written copy is always appreciated. In the event you wish to amend your application tD include other relief and other sections of the Code to be considered, you must file separate application forms; obtain a new Notice of Disapproval from the Building Inspector, and amended filing fee. You may request a postponement of the application if the new amendments affect the initial application. Please feel free to call our office if you have any questions or wish to update your file prior to the hearing date. Yours very truly, Linda Kowalski Enclosure APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD June 7, 199~ Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Mr. and Mrs. Varujan Arslanyan 1055 River Road Apt. PH 11 South Building Edgewater, NJ 07020 Re: Your Inquiry - Change in Shape of Spa Within ,Deck Area ZBA Conditions under Appl. No. 4072 dated 6/22/93 Dear Mr. and Mrs. Arslanyan: This letter is sent in response, to your inquiry and, letter received yesterday by our office concerning, the pending Building Permit for a 10' x 14' spa within the 18-ft. attached deck, and your request to change the shape of the spa,to a 17' x 7.9." The conditions set by the Board in its June 22. 1993 resolution would not be violated if you locate the prefabricated spa. as proposed, with a size of 17' x 7,9" and at the designated depth of 51". We have provided the Building: Department with a copy of this letter for their permit file and records. Very truly yours. ~,. ~ ~ GERARD P. GOEHRINGER CHAIRMAN cc: Building Department ~,£pLAr..£ -""----. ~3E. A,P~ ~..C TAT THE JlRED 8lNG vlUST ¢ ',-.-.'>. Z.v ~U. 'Y'[::>~:~. OF' ;T AT THE JIRED [P. ING ~IUST Ion't have to be an Olympic hopeful to age 4 - Appl. No. 4072 (Amended) Matter of VARUJAN ARSLANYAN Decision Rendered June 22, 1993 RESOLVED, to GRANT the relief, as amended for a setback at 32 feet to the new bulkhead as shown on the May 4, 1993 plan prepared by Peconic Associates, Inc., and walkway at the easterly side of'the dwelling leaving an open, unobstructed access-setback at 15 feet, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the dr!rwells be installed for proper discharge of spa water; no spa water or rain water runoff shall be discharged towards the bluff face and all water shall be properly contained (or removed); 2. That the relief granted herein is limited to this open, unroofed deck, with spa, as shown on the May 4, 1993 plan prepared by Peconic Associates, Inc. 3. That there be no roofing or other enclosures; no screening (temporary or permanent); 4. That there be no placement of storage lockers or similar items in the restricted yard areas or on the open deck or walkway; 5. That lighting must be shielded to the ground and not be adverse to neighboring areas; 6. That t~e deck remain as a one-story deck (without expansion or an upper level added). Vote of the Board: Ayes: Messrs. Dinizio, Wilton, Villa and Goehringer. This resolution was duly adopted. lk ././"GERARD P. GOEHRING~R, ~HAIRMAN TOWN :OF '$OUTHOLD PROPERTY' RECO OwnER STREET VILLAGE CARD suB. ~ LOT FORMER OWNER N E ACR. ' RES. ~.m LAND SEAS. vg FARM COMM. CB. MISC. IMP. TOTAL DATE REMARKS TYPE OF BUILDING AGE Goo BUILDING CONDITION NEW NORMAl BELOW ABOVE FARM Tillable 1 2 Fillable 3 Acre Value Per I Value Acre ,'Voodland ;wampland ~rushland ~ FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD DOCK COLOR TRIM M. Bldg.· Extension Extension Extension Porch Porch Garage Patio Foundation Bath Basement Floors Ext. Walls Place Interior Finish · / Heat Type Roof ~ ~7..~ Recreation Rooms 1st Floor Rooms 2nd Floo~ / Dinette BR. Dormer Driveway ,.~'0 0 COUNTY OF SUFEOLK ROBP. RTI. GAFFNP, Y SUFFOLK COUNTY EXECUTIVE SOIL AND WATER CONSERVATION DISTRICT February 3, 1992 Mr. Gerard P. Goeh~nger, Chairman Town of Southold, Board of Appeals P.O. Box 1179 Southold, New York 11971 Dear Mr. Goehringer: As per the Board of Appeals request for our evaluation and comments regarding file #4072 - Varujan Arslanyan, please be advised that a site inspection was conducted on January 29, 1992. During the inspection it was noted that the dwell- ing being constructed is approximately 35-40 feet south of the existing top of the bluff. The bluff face is vegetated with beachgrass and annual weeds. Soil erosion along sections of the bluff toe was evident and sediment from the rear yard had been deposited on the upper beach, indicating that over-bank runoff was occuring. Proposed construction of an inground swimming pool and deck would threaten the stability of the bluff. The Northwest corner of the pool Would be approximately 5-6 feet away from the bluff top. This would add excessive weight along the bluff top and could cause slippage and erosion of the bluff face. The proposed terrace and deck will increase surface water runoff. Increased runoff water flowing on the bluff face will cause soil erosion and increase the bluff recession rate. I hope this information will be useful to the Board. If you require additional ........... ion please feel free to contact this office. Sincere]y, Senior District Technician Riverhcad County Center ,, I{¢)onl I,-- 1.6 Riverhead, New York 119{11 - 3398 TRUSTEES John M. Bmdemeyer, III, President Albert J. Krupski, Jr., Vice President Henry P. Smith John B. Tuthill William G. Albertson Telephone (516) 765-1892 Fax (516) 765-1823 April 8, 1992 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SUPERVISOR SCOTT L. HARRIS Town Hall 53095 Main Road P.O. Box 1179 Southold. New York 11971 Mr. Robert H. Whelan, P.O. Box 590 Mattituck NY 11952 PoEo Re: Varujan Arslanyan SCTM #1000-52-1-8 Dear Mr. Whelan: As timing would have it, I was able to briefly discuss Mr. Arslanyan's request with the Zoning Board Chairman, Mr. Goehringer, and Assistant Town Attorney Matt Kiernan on Saturday, April 4, 1992. It would seem that all conditions I set forth in my letter to you of February 20, 1992 are still operable (copy enclosed). In addition, to ~void any confusion in this matter, I must further clarify that letter with the following: 1. The Town Code Chapter 37 will not permit any permanent foundation within the Coastal Erosion Building Hazard area seaward of the Coastal Erosion Hazard area line) and bluff setback zone. (ie 2. A Coastal Erosion Hazard area variance application would be required for any activity written 50' of the bluff on this property as the bluff setback and building hazard area requirements can not be met. At a minimum, the application for such a variance cannot be accepted with any permanent foundation within 50' of the bluff. 3. It is my opinion that the Town Code Chapter 37 variance requirements are such that it would be difficult if not impossible for the Trustees to grant relief for even an unattached open deck any closer than 25' to the bluff. As said deck would have to conform to the lot coverage requirements of the town code, Mr. Arslanyan might be required to build all or a substantial portion of it at ground level. TRUSTEES lohn M. Brederneyer, HI, President Henry P. Smith, Vice President John L. Bednoski, John B. Tuthill Telephone (516) 765-1892 Fax (516) 765-1523 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SCO~'r L. HAI{RIS Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 February 20, 1992 Robert H. Whelan, P.E. P.O. Box 590 Mattituck, NY 11952 RE: Varujan Arslanyan SCTM #1000-52-1-8 Dear Mr. Whelan: Confirming our Conversation this evening, enclosed please find a Coastal Erosion Hazard Area and Wetland Permit Application. If the proposed structures and work are within 75' of O.H.W.M. a $150.00 wetland application fee must be submitted in addition to the $250.00 Coastal Erosion Variance application fee. A current licensed survey must accompany this application. The prospects of applying for a swimming pool in this location are so clouded that I would be remiss if I did not reiterate my offer to talk with the owner. As all the application fees are non-refundable, a veiy substantial application cost could be lost if the permits are denied. If you have any questions, please do not hesitate to contact this office. truly yours, John M. Bredemeyer, III President, Board of Trustees JMB:jmt cc: ZBA~/ Bldg. Dept. i I1~ BO~d. of Appeals Sou~hold, Long Island, N. Y. Board M~nbers~ ~02 Prospect Street Ridgewood, New Jersey 07450 December 12, 1991 Application for variance by Varijan & Linda Arslanyan located at 54455 County Rd. Sou~hold, N.Y. My wife and I are co-owners of the adjacent property to the west of the above mentioned property. We have owned the property for 20 years located at 54365 County Ro~d 48; county map section 52; block ~1; lot# 7. We strongly object to the proposed variance to install a swimming pool, deck, and fence on the adjacent yard as shown on the proposed plan. The new house has already blocked the sun and view we had to the north east because of its heigh~ a~d very close proximity to our house. The following are reasons for our objections: 1. The proposed pool and fence would block our view and restrict breezes of the Sound to our north. 2. It would decrease the value of ou~ proper~y by the extremely close pro~mity of the pool and fence. The proposed 5' side yard set-back instead of the requ&red 15' by the zoning law would create a hardship for us cancerning ~oise and lights. We have 5 bedrooms that face the proposed pool. It could create a serious environmental hazzard due to the closeness to ~he top of the bluff, and possibly causing severe eresian of our bank. We therefor, as concerned homeowners~ ask you to deny the variasoe. Sincerely, G. Townsend Smyser December 18, 1991 Town of Southold Zoning Board of Appeals Town Clerk's Office Southold, N. Y. Attention: Mr. Robert H. Whelan Re: Request for Variance for Pool and Fence by Varustan & Linda Arslantan at 54455 CR #4E, Arshamomaque, N. Y. Section #052-Block 1-Lot 8 Gentlemen: The undersigned are co-owners of property known as: Block #1, Lot #7 - Map Section #52. We are located directly west of the above location and share a common property line. Any further encroachment to said property line would certainly decrease the valuation of our property. Further, our view to the northwest would be cut off by the fence. This would hold true of the breeze also. Already the height of the new house invades our privacy. Also~ in the past, we have had to discuss late night noise and lights with this gentleman. I am sure a pool and deck would only cause these conditions to exist again. And, surely, there is no way in the world that not getting this variance could cause any hardship whatsoever. Therefore, we respectfully request that you disapprove the application. Very truly yours, Wilbur C. Allcot Isabel J.(/A1 lcot 1~0 ~'n~ ~"" '~'~. ~.0 ?ox ~outhol~, 'Je~ York ]2.971 Zoning ~oard of 5pp:a]s Town cf ~outbold P.O. Box ]179 52C95 ~ain Road gou~hotd, ~.Y. llqT~ $nnt! ~men: 7~ has come to our attention that ~r ~rs}~nyan has ~-~pp]ied to the Zcnin~ ~oard of A~p ..... ..... ~=o for a varicose? for pro_perry, that a<]joins ouKs, on Route ~8 (S_~ction 52-Block ]-Lot 7). Wc understand this r~ncc: is for the purpose of constructin.~ ~ s?,'i~ming ~oo] =nd deck on his ~roperty b,~t ..... n the house, under construction, qnd th? $ounO E]uff. ~,~? str~.nuously oppose ,~ ~ ~ ~,'~ loc~t~on of th~s pool on th~ groun.~s th~.t '~:~,,~r,~ is not ~nough set b.,,~ from our . ~t~rn property lin~, to tha plan pres~nt~] rio us. Further, ~,~e fin] tho construction of the hous~ is a~ encro~,chment on our property boc~us~ th? basement ~,ound~ry is too close to our FropQrty line. ??e have oppose,~ this sin~e ~rch 25, ~92 bofore the new building pgrmit ~;as issued. L~tter ~%~s sent to Building Inspector end sboul~ be or, fi!'? in his office, i~ fl,~t l:hat the hous? %.~s too !nrg~ for th~ !ct. :~c a~on't underst?n'~ bow expired can b~ rcsurr?ct~d, under the oI~ r~gu]gtions, %,~h~n n~,l guidelines h~ve been instituted during the period the origin~nl permit h~d :~ xpir ~d. QUESTIONNAIRE FOR FILING WITH YOUR 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.) B. Is the subject premises listed on the real estate market for sale or being shown to prospective buyers? { } Yes { ~ } No. (If Yes, please attach copy of "conditions" of sale.) C. Are there any proposals to change or alter land contours? { } Yes {~} No 1. Are there any areas which contain wetland grasses? 2. Are the wetland areas shown on the map submitted with this application? 3. Is the property bulkheaded between the wetlands area and the upland building area? 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? /%/0 (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fences which exist and are not shown on the survey map that you are submitting? ~/~A/~ If none exist, please state "none." G. Do you have any construction taking place at this t~m~ / c~ncernlng your premises? y~' If yes, please Submit-~.~n oz your building permit and map as approved by the Building ~F~ Department. If none, please state. H. Do you or any co-owner also own other land close to this parcel? ~4/~ If yes, please explain where or submit copies of deeds. I. Please list ~present use or operations conducted at this parcel ~ ~ ~-~-~Z. ¢~P~-~ ~ ~ ~d~z~ and proposed use ~.~3~3>.~) ~,~-- .... (S/~gna e and Date 3/87, 10/901k KAREN"HALE-PO'FI'S NOTARY PUBLIC OF NEW JERSEY MY COMMIS~ION EXP[R[S AUG. 30, ~~r~ North Road (no ';t~'eet mu.heL') SoutDold, New York lOl~O ~ 52 ¢~ Block pa,~yoftheflrs~pa,Land VARU AN ARSIANYAN and LINDA ARSIAIWAN. his wife, both residing ar 244-15 Cram] Central Parkway Little Neck New Yo~*k 11362, b~,oOmlhe Town of g-utho]d, County of Suffolk and State of New York, known and designated as Lots Nos. 1 and 2 on a certain map entitled "Map of P~operty o~ W. H. Young and R. J. Goodale. Greenport. L.I., N.Y.". made by D. R. Young. Surveyor, Riverh~ad, New Yol'k, and filed in the Office of the Clerk of the County of Su££o]k on the llth day of September 1929 as Map No. 585. TOGETHER with all the right, title and interest of the paruy of the first part of, in and to the land lying in the North Road in frm~t of said pr~mises to the center line' thereof and to land lying Jn f~'ont of said pramises unde~- the wate~- of thc Long lslar~d Sound. SUBJECT to any state o~ facts an accurat~ survey may show. R£ MAY 4 l.qS~ ;1/'~/a 3ohn 'T, N'ackie MORIZZO.] BUILDER,INC. DG. DEPT TOWN OF_.~.~'~.TI:IOL~._...~D. ~._, P.O. Box 789 · Main Road, Southold, NY 11971 · (516) 765-5772 September 6, 1990 Building Department Town of Southold Main Road Southold, NY 11971 Att. Victor Lessard I would like to apply for a six month extension on building permit ~ 17899Z (Mr. Varujan Arslanyan) , job located at 54455 County Road 48, Greenport. The original permit was granted for and addition, renovation, pool, deck, and fence, in March of 1989. on Morlz~ Ron Morizzo ~uilder, Inc. 0 R-80 HD I_ll FORM NO. 3 ~ TOWN OF SOUTIIOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTIIOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ Date ..... .~ .q~...]..~ ....... 19 .~.g... ....'7:~.. ~.. ~...%, .:~. ~-~ .... PLEASE TAKE NOTICE ti,at your application, dated ...... ~ ~. ~ .......... 19. ~. ~ Ibr I,emdt to construct..~. ~ .~~ .~ .~.~ ...................... at County Tax Map No. 1000 Section . .'. ~.~-.~ .... Block .... ~ I ....... Lot .... ~.~ ....... Subdivision ................. Filed Map No ................. Lot No ............... ...:~:......~....~....o....,.,.~.,.~. ~_~ ........................................ . Building Inspector RV '~":~" TOWI~I~OF $OUTHOLD ~ PROPERTY RECORD CARD O~VNER, r STRE~r , WLLAGE · SUB. ~ND IMP. . TOTAL DATE REMARKS ' AGE BUILDING CONDITION N~ NORMAL . BELOW ABOVE FARM : ' Acre ' Value Per Value · Acre FJllable 1 'fllable 2 ~oodland ,' rushland ::, .". . ~- , FRONTAGE ON ROAD ~ ~ ~ ~ I COLOR M. Bldg. Extension Extension Extension Po~ Porch Garage Patio Total 3,7~' ~7 Foundation Basement Ext. Walls Fire Place Type Roof Recreation Room Dormer Driveway F-u/I Bath Floors Interior Finish Heat Rooms I st Floor Rooms 2nd Flool / Dinette BR. FIN. B. t~-ZOA',INr.~ ~OA~D OF APPEALS ~'-~. TCL'N H~LL '~ MAIN ROAD - S.R. 25 ~UIJJO~ N.Y~Z19Z~ MEMORANDUM FOR THE FILE August 15, 1988 Telephone call today from Henry Raynor, Agent for the Arslanyans, Appeal No. 3752. Henry confirmed that he has suggested to the applicant that the plan be revised to conform with the zoning setbacks and thereby eliminating the need for a variance. He asked that the application be held in abeyance until a decision is made by the owner. SOIL AND WATER CONSERVATION DISTRICT tUNTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE August 15, 1988 STANLEY A, PAUZER DISTRICT MANAGER Mr. Gerard P. Goehringer, Chairman Southold Town Board of Appeals Main Road Southold, New York 11971 Dear Mr. Goehringer: Regarding your request for our assessment of Appl. No. 3752 - VARUJAN ARSLANYAN (Variances), please be advised that a site inspection was con- ducted on August 11, 1988. At this time I observed the top of the bluff to be approximately 36 feet from the northwest corner of the existing dwelling. The bluff face is gently sloping and is well vegetated. There is not any bulkheading at the toe of the bluff, however, the bluff appears stable. The rear and side yards of the site slope toward the south, away from the bluff. The proposed dwelling addition and swimming pool would be located approx- imately 26 and 28 feet, respectively, from the top of the bluff. Although that is clo~e to ~he bluff ~op, measures should be taken, however, to in- sure that surface water runoff does not flow toward the bluff. Consequently, existing grades should be maintained as much as possible. In addition, any outlet water from the swimming pool should not be disposed of on the bluff face. I hope this information will be useful to you. If you require any additional information, please do ~ot hesitate to contact this office. Sincerely, Thomas J. McMahon, Senior District Technician PECONIC PLAZA 164 OLD COUNTRY ROAD, ROUTE RIVERHEAD, NEW YORK 11901 (516) 727-231~ TOWN OF $OUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N. Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) N~ 017899 Z Permission is hereby granted to: , .. ....... ./. ................. J~ .~....~? o...~.. · .~... ~ .~ ~ o . · ~ .......~ .................. .~..~ .................. · ], ,~' / ..... ; ......... vt premises located at ..,~...~.~..~..~...~.........~ .~..~ ..~ - County Tox Mop No. 1000 Section ..... .0....~....,'~_. ...... Block ....... .~....,[ ........ Lot No ..... ..~....~. ............. pursuant to application dated ..... .~~.......L~.. ....................., 19..~...~.., and approved by the Building inspector. Building Inspector Rev. 6/30/80 ~17899 z This notice must be displayed during construction and returned to Building Dept. to get a certificate of occupancy upon completion of work. BUILDING INSPECTOR'S OFFICE, TOWN OF SOUTHOLD SOUTHOLD, N.Y. O APPEALS BOARD MEMBERS GERARD P. GOEHRrNGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI .JAMES DINIZ[0, JR. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 BOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 UPDATE FOR THE FILES April 24, 1985 - Local Law #4 - 1985 "WETLAND SETBACKS" went into effect. January 10, 1989- Local Law 91 - 1989 "MASTER PLAN UPDATE" was adopted. Update did not include 100-119.2 (and many other changes made by the Town between 1986 and 1989). February 2, 1989 - Letter from Town Attorney to all departments confirming to start proceeding under new Master Plan (Zoning) Update regulations. February 3, 1989 - ZBA confirmed by letters to pending applicants that it had no jurisdiction under the new Master Plan Updates for 100-119.2 or similar regulation. 2/3/89 (Please Use this Form for Filing your Local Law with the Secretary ol State) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. Town o! Southold Local La~ No... 3 of the year 19 .~ ....... A local law In Relation to Zoning ............. (Insert title) Be it enacted by the ..... Town Board . . ......................... of the {Name of Legislative Body) To~w~~j~ Town of Southold follows: as 1. Chapter 100 of the Code of the Town of Southold (Zoning) is hereby amended as follows: 1. Section 100-31 (Use Regulations) is hereby amended to read as follows: "In an A-C, R-80, R-120, R-200 and R-400 District, no building or premises shall be used, and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or i~ part, for any uses except the following:" 2. Section 100-31.B(14) (Accessory Apartment) is hereby amended by adding a new paragraph (q) thereto, to read as follows: (q) No bed and breakfast facilities, as authorized by Section 100-31B(15) hereof, shall be permitted in or on premises for which an accessory apartment is authorized or exists. 3. .Section 100r31B(15) (Bed and Breakfast Facilities) is hereby amended by adding a new paragraph (b) thereto, to read as follows: (b) No accessory apartment, as authorized by Section 10.0-31B(14) hereof, shall be permitted in or on premises for which a bed and breakfast facility is authorized or exists. 4. Section 100-181 (Cluster Development) is hereby amended by adding a new paragraph O. ~hereto, to read as follows: Oo Notwithstanding the foregoing, the Town Board may, in its discretion, accept an offer for dedication to the Town, of the open space and/or common lands created by use of the provisions of this Article. 5. Section 100-281.A (Building Permits) is hereby amended by adding a new paragraph (7) thereto, to read as follows: An application for a building permit for construction on a vacant lot, which is not on an approved subdivision map, shall be accompanied by a certified abstract of title issued by a title company.which shall show single and separate ownership of the entire lot prior to April 9, 1957. {1! additional space is needed, please attach sheets of the same size as this and number each) (t) / 6. Section 100-284.1(d) is hereby amended to read as follows: (d) Pre-existing dwellings: one hundred dollars ($100.00). 7. Article XXIII (Supplementary Regulations)is hereby amended by adding thereto a new Section 100-239d to read as follows: Section 100-239doBuilding Setback from Water Bodies and Wetlands. Notwithstanding any other provisions of this chapter, the following setback requirements shall apply to all buildings located on lots adjacent to water bodies and wetlands: A. Lots (1) adjacent to Long Island Sound Ail buildings located on lots adjacent to Long Island Sound, and upon which there exists a bluff or bank landward of the shore or beach, shall be set back not less than one hundred (100) feet from the top of such bluff or bank. (2) Except as otherwise provided in Subsection A(1) hereof, all buildings located on lots adjacent to Long Island Sound shall be set back not less than one hundred (100) feet from the ordinary high- water mark of Long Island Sound. Ail buildings located on lots upon which a bulkhead, concrete wall, riprap or similar structure exists and which is adjacent to tidal water bodies other than sounds shall be set back not less than seventy-five (75) feet from the bulkhead. The following exceptions will apply: (1) Buildings which are proposed landward of existing buildings. (2) Lands which are not bulkheaded and are subject to a determination by the Board of Town Trustees under Chapter 97 of the Code of the Town of Southold. (3) Docks, Wharves, pilings, boardwalks, stairs, promenades, walkways, piers, which are accessory and separate from existing buildings or accessory structures. Ail buildings located on lots adjacent to any freshwater body shall be set back not less than seventy-five (75) feet from the edge of such water body or not less than seventy-five (75) feet from the landward edge of the freshwater wetland, whichever is greater. II. This Local Law shall take effect upon its filing with the Secretary of State. 3. ,Natu[e of work (check which appl le): N w Building ..... '- · . ..... 2'. , . Alto ion , t~epmr .............. Removal .............. Demolition., t , I(Descnpt~on) 4. Estimate'd Cost . . /LpO 0 [. I , ................................. Fee "- ...... ' · .... I~I~__~A.~." filing th!s~pplication) 5. If dwelling, number of dwelling units ............... Number ~f-ilwelling 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..... ~.~. ...... '. ~{ear .., ' ' ' ' Height' . .............. Number of Stories .... I .............. Depth ~2~-~r; ~, ...... Dimensions of same structure with alterations or additions: Front ............ Depth .. ,~';'/.-. . · .... 8. Din-e -' ~ .:.- ........... .~e]gnt ...................... Number of Stories / ~..~ . ' . - ................ ear ..... t ......... Depth ~. ....L 9. S~zeoflot: Front ..... .~ ........ Rear q O ..................... r'2~-.:'_'.. ...... I~. ,.~ ~f · o ..... r O,vncr . . ............... 11. Zone or use district in which premises are situated .... .Afl:: .?.q ........... 12. Does proposed construction violate any zoning law, ordinance or regulatlon: . ' .............................. 13. Will lot be regraded .............. .. Will excess fill be removed from premis~: Yes 14. Name of Owner of premises ........ i ........... . No Name of Architect ..... ' .......... Address ................... Phone No ................ Name of Contractor ...................... Address ................... Phone No ................ Phone No - · .......................... Address ................... . ......... ._ PLOT DIAGRAM Locate clearly and distinctly all buildh~gs, whether existing or proposed, and. indicate all set-back dhnensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or comer lot. , Ic'o - o ...... ~ i)<Ot~OStf:.13 tq)bD I 'l'~l 0/4 STATE OF NEW YORK, COUNTY OF S.S ............................................ ; .... being duly Sworn, deposes and says that he is the applicant (Name of individual signing contract) above nam'~d. fie is the ' (Contractor agent corporate office~ ' ' ' i .............. }'" ........... · ' , , etc. )f said owner or owners, and is duly authorized to perform or have performed the said work and to make and file tills ~pplication; that all statements coutained in {his application are true to the best of his knowledge and belief; and that the · York will be performed in the manner set forth in the application flied therewith. ;Worn to before me this '- ....................... day of ..................... ,19... qotary Public, ................................. County BLDG. DEPT, Examined...~..°..~...~...,19~.~. FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL $OUTHOLD, N.Y. 11971 TEL.: 7654802- · .. BOARD OF HEALTH ........... eu ~ETS OF PLANS ........... .~VEY .................... CHECK NOTIFY CALL .................... MAIL TO: Approved...~ .~V~..~ .... 19~.~.. Permit NoJ.~. ~.c~ .c/..~.. Disapproved a/c ..................................... (Building Inspector) .APPLICATION FOR BUILDING PERMIT INSTRUCTIONS Date ............ l~ .~ a. Tlfis application must be completely filled in by tyl~ewriter or in ink and submitted to the Building Inspector, wit 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 stre or areas, and giving a detailed description of liyout of property must be drawn on the diagram which is part of this ap 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 pen shah 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 Occupm 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 Building Zone Ordinance of thc Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances Regulations, for the construction of buildings, additions or alterations, or for/-emoval or demolition, as herein describ The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and admit authorized inspectors on premises and in building for necessary inspections. a ,~Jg~ o/' appli~c~n.t, or name, if a corl~o'r~tian')' .. ~.bO..~0V~.. [-.~.d~ ................... (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contracto'r, electrician, plnmber or build, ........................... .0...~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 ........................... Plumber's License No ......................... Electrician's License No ................ , ...... OtherTrade's License No ...................... ,. Locatio, of w,,icb proposed work w,,l be done... '1' .... .C...e... ............... House Number Street Hamlet ' County Tax Map No. I000 Section .................. Block ................. Lot .................. Subdivision ..................................... Filed Map No ............... Lot ........ (Name) ...... 2. State existing use and occupancy of pre~ ; and intended rise and occupancy of proposed construction: '' a. Ex~stmg use and occupancy ....... b. Intended use and occupancy ...... }. ~ .'.-; · .-~-'."~.- .. .~. APPROVED AS NOTED FEE: ~-~ ~* · NOTIFY BUILDING DEPARTMENT A~ 765-1802 9 AM TO 4 PM FOR THE FOLLO~'ING INSPECTIONS, 1. FOUNDATION ~'0 REQUIRED FOR POURED CONCRETE 2. ROUGH - FRAMING & PLUMBING 3. INSU~TION 4. FINAL CONSTRUCTION MUST 8E COMPLETE FOR C.O. A~ ~NS~ON 8HA~ ME~ THE REQUlR~E~S STA~ ~NS~U~N & ~ERGY CODES. N~ R~B~ FOR DESIGN OR ~U~ON .... , 'i C~ *i ~t TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N. Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) N~_ !7353 Z D~te ..... ..~ ................... ~..~ · ~.:~,:,,,~ ..~Z,,.~ ........ , ~ .~ Permission is hereby gmnt~ to: ~ . ~:~.~ ~.~. ~ ¢~ ........ · ·: ....... t~.~,l.....~2~...: ..................................... .... ....... ......................... ......... . ~ ~ ~ ~. ~ /7.. ." ,~ - a, prem,sesl~at~a, ...... .~..~...~...~..~ .......... .~...~.~,L~,..., &.]. ~.,~.:.. ~. ~: .:.. ~ ,~:. g~. _ ~ ~' County Tax Map No. I000 Section .....~... -~. ........ Block ......... ,/. ........... Lot No ...../: ............. pursuant to application dated ..~:/.:~,~'>Z. .......... ,',.-~T.....}.~ ............... , 19.~.~.~,;' and approved by the Building Inspector. Y ............... Building Inspector Rev. 6~30/80 BUILDING PERMIT ISSUED TO__~~~~~_ DATE~ ADDRESS This notice must be. d. isplayed during construction and returned to BuildIng Dept, to get a certificate of occupancy upon completion of work. BUILDING INSPECTOR'S OFFICE, TOWN OF SOUTHOLD SOUTHOLD, N.Y. TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N. Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) Permission is hereby granted to: ...B...~..~........~.2Zw.,~,~;W.:.~..~.~.~..,,.,~,:;:,,~,.~ ~- , .............. lZZ..~...../..~.~.Z. '.: ..................................... ~.2.~,.7..:.&~:. / . ~/ ~ /1~ ~1 M-- ''~ ........ ':' ' ~= ..... :' ........ ~"'""~ ...................... ' ~ ' · .. ~,.-., 4, ...... .,.,.,,.....','p,. · ;.,. ..... ,;t .......... ,,-.,~.~.:.:,,.~.,.....,.~..,..,. ....... ~;~:~.:z:z,~.,~,,~ z,'· ,, .. · ._. ......... ..................... ........ o, prem,,e, ,=ted ot ...... ~.~...~..x../ .......... .d~...~.~,:~...x~,.:./..:.:...:/.. County Tax Map No. I000 Section .....~... -~. ........ Block ......... ./. ........... Lot No .....~./.~ ............. pursuant to application dated .. './.,(~.~ .......... .~.....4) ............... , 19.,/.~.~4' and approved by the Building Inspector. Building Inspector Rev. 6/30/80 BLDG. DEPT. TOWN OF $OUTHOLD Examined ................. 19... FORM NO, 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL $OUTI1OLD. N.Y. 11971 TEL.; 7G5-1802 Djsapproved'a/c ........... [~IRD OF HEALTH ........... 3 SETS OF PLANS ........... SURVEY .................... CtIECK SEPTIC FORH NOTI FY: MAIL TO: ( ' ingln'~tor) APPLICATION FOR BUIL'I~ING PERMIT INSTRUCTIONS a. Tlds application must be completely filled in by type~vriter or in ink and submitted to the Building lfispector, 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 siree or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this app cation. c. The work covered b~t 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 perm shall be kept on the premises available for inspection throo-~hout the work. e. No building shall be occupied or used in whole or Tn part for any purpose whatever until a Certificate of Occupant shall have been granted by the Building Inspector. ' APPLICATION IS HEREBY MADE to the Building Dep,%rtment for the issuance of a Building Permit pursuant to tt Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein describe~ The ·applicant agr. ees to comply with all app cable laws, ordinances, building code housin- c ,, ' admit authorized mspecto~ on premises and in buildln- for ..~., ~., / . , .. ode, and reoulatlons, and l · , ' (Mailin= address of applicant) .... State whether applicant is owner, lessee, agent, ar~r~e '~-,~ ct, engineer, general contractor, electrician, plumber or builde: (as on the tax:roil or latest deed) If applica4nt is a Cornoration, signature of duly authorized officer. (Name and ti~i/e~f corporate officer) ' Plumber's License No ......................... Elcctrician's License No O/her Trade's License No ...................... 1. Location of land on which proposed xvork xvill be done: IIouseNumber r · Hamlet "' C tyTa M pN IO00S ti ' BI ........... Lot · Subdivision ..................................... Eilcd Map No. (Name) .............. Lot ........... State existing nsc and occupancy of premises and intended use and occupancy of proposed construction: A. Existing use and occupancy. ~ (~' S 1'~ t°../~., ,('~r. .... '...,.; ................ ............ .......... B. Intended use and occupancy ..... 3. Nature or,york (check which applicable): Ne~v Building .......... Ad, d'~ ....... Alteration ....... '. Repair .............. Rbmoval .............. Demolition ....~. ........ SWimming ~.o~' .~." . i,~' Tennis Court ......... Accessory Building .......... Fence ....... Otl~er Work: .......... 4. Estimated Cost ..... ~.]..0~..~...>.O..g~. ................ Fee ....... Z.~. ~,.~'..'~.. '' ' (to be paid on filing this application} ~ ...... 5. If dwelling, number of dwelling units ............... Number of dwelling units on each floor ........ : ...... If garage, num her 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 of Stories ....................................................... Dimensions of same structure with alterations or additions: Front ................. Rear ............ :... ? Depth ...................... tleight ...................... Number of Stories ................. '.... 8. Dimensions of entire new construction: Front..., ........... Rear ............... Depth .............. Hcigllt ............... Nunrber of Stories ........ ' .... ,..: ............................. '. ........... 9. Size of lot: Front ..................... Rca: ...................... Depth ................. . .... i ' ' 10. Date of Purchase . . ...Name of Fenner Owner .......................... 11. Zone or use district in which premises are situated i .................................................... 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 ................. i ........ Address ................... Phone No ............ ;.. , 15.Is this property located 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 ~ines. Give street and block number or description according to deed, and show street names and indicate whethe~ interior or comer lot. STATE OF NEW YORK, S.S COUNTY OF ................. (Name of individual signing contract) above named. being duly sworn, deposes and says that he is the applicar He is the ...................................................................................... :. (Contractor, agent, corporate officer, etc.) of said owner or owners, and is duly authorized to pe.rform or bare performed the said work and to make and file th application: that all statements contained in this application are trne to the best of his knowledge and belief; and that tt~ Work will be perl'ormed in the manner set forth in thc application filed therewith. Sworn to before mc this .~ ................. day o .......... 19 . . . Nolary Public ........ '~t~..~1~. ~. ,/,..~., .e3~:~.., County ~"- ~'' HH.EI, I K. DE VOE ' H~. 47078'1& Suflo,~ ~.,o.,,.~ ~ (Signature o f a pplic::m T~m F.x~it~ la.~ch 30. tg.~.-~ BLDG. DEFT. TOWN OF SOUTHOLD FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL ~OUTttOLD, N.Y. 11971 TEL.: 755-1802 Examined ................. 19... ^pproved .... 197.V. Permit 7_ Disapproved'a/c ............................ sRD OF HEALTH ........... ETS OF PLANS ........... SURVEY .................... CttECK ..................... SEPTIC FORH ............... c A L L---~.... · .d..72 'a~. blAIL TO: (Building Inspector) APPLICATION FOR BUILDING PERMIT INSTRUCTIONS a. This application must be completely filled in by Wpewriter 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 stree or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of tiffs app cation. ¢. The work covered bY tiffs 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 perm shall be kept on tile 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 Occupam 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 ti Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein describe~ The applicant agrees to comply with all applicab'}e laws, ordinances,, budding code, housing code, and regulations, and admit authorized inspectoi'~ on premises and in building for necessary ,~;pcctio~s//~ · c('~I=naturex>t apNictant, or name, if a corporauon) ,.o ............ , ' ' ' = ppi ant) neral contractor, electrician, plumber or builde~ ~ t ~ /I '5 '' .................................. Nameofownerof~rem ses L//4. C ~.~/3r~ ' /-~-.~.._~'//.~/L.,.~[/'[./' (as on the tax:roll or latest deed) If applicant is a c.~moration' signature of duly authorized officer 'Z ) ~f. ~.- ~. .. · Buildcr'sL,ccns No .... .... PI nber s L~cense No ......................... Electrician's License No ....... Other Trade's License No ...................... 1. Location orland on which proposed work will be done: ;5--'/"~' '~7'~' ' Number ~5~(-') '~'~.t eet./..~.~. ~'9/ f.~. ~/., ~. ... ..... ~:r--:./ ..... ~ ................ llouse Hamlet ' ..... County T Map N ,000S ti .~ ~.'~..~..'. ' { .~. ax o. ac on ......... Block .... L Subdivision ..................................... Eilcd Map No ............... Lot ............... (Name) 2. State existing nsc and occupancy of premises and intended nsc and occupancy of proposed construclion: A. Exlst~ng use and occupancy .......................... ' ...... ~ ....... ,,., .~ ....,.,: ........ B. Intended use and occuvancy ...................................... 3. Natu[e of work (check which applicable): New Building., ......... A~ ....... Alteration ......... '. Reps.ii' .............. R~moval .............. Demolition SWimmim, Term'is Court ......... Accessory Building .......... Fence ....... Ortner Work; .......... 4. Estimated Cost ..... ~./..0~.0 .~.0..~. ........... Fcc .... (to be paid on filing this application)7 ..... $. If dwelling, number of dwelling units .......... Number of dwelliug units on each floor If garaee, number of cars ..................................... 6. If business, commercial or mixed occupancy, specify natu[e and extent of each type of use .................... 7. Dimensions of existing structures, if any: Front ............... Rear ............... Depth .......... Hei,,ht_ ............. .. Number of Stories ........................................... Dimensions of same structure with alterations or additions: Front ................. Rear .......... ' ' ' ' ~, ' Depth ...................... Height ..................... Number of Stories ..... 8 Di si of ti ti Fro R D pth ...... · men ons en rc new construc on: nt · · ~ .......... car ......... c . . . Hcigllt Number of Stories · ' ' ' ' ~ ' 9 Size of lot: Front Rea., ' Depth 10. Date of Purchase ............................. Name of Fenner Owner ............................. 1 1. Zone or use district in which premises are situated i .................................................... 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 Phone No ' 15.Is this property located 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, xvhether existing or proposed, and. indicate all set-back dimensions from property ~/nes. Give street and block number or description according to deed, and show street names and indicate whethe~ interior or comer lot. STATE OF NE~V YORK, S.S COUNTY OF ................. (Name of ndividual signing contract) above named· being duly sworn, deposes and says that he is the applicar He is the ........... (Contractor, agent, corporate offi~:er, etc.) of said owner or owners, and is duly authorized to pe,rform or have performed the said work and to make and file th application; that all statements contained in this application are tree to the best of his knowledge and belief; and that tk Work will be performed in the manner set forth in thc application filed therewith. Sworn to before me this , o,ar .......... Co ,t HB.EN It ~ VO{ ' ................... I, to. 47078'8, ._~'"la~ (Signature o f applican MORIZZO.1 BUILDER,INC. , , TOWN OF ~,r3UT~OLD P.O. Box 789 · Main Road, Southold, NY 11971 · (516) 765-5772 S~ptember 6, 1990 Building Department Town of Southold Main Road Southold, NY 11971 Att. Victor Lessard I would like to apply for a six month extension on building permit ~ 17899Z (Mr. Varujan Arslanyan) , job located at 54455 County Road 48, Greenport. The original permit was granted for and addition, renovation, pool, deck, and fence, in March of t989. Morlzzo Builder, Inc. FORM NO. 3 TO~gN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL ~., - Date ...~...~-,. .......... ,19 ~.1... .. ~...=.-.V. q ....................... · ...-~...~. :.~ :~.,..::.~..~.~ .... PLEASE TAKE NOTICE that your app ication dated ~~ ~ ~ [ Location ofProperty ~-¢~-- 0~. ~/,~ ~ ~ ~ "~' .... ................ ~-. ~rr~ .~ ......... ~~~... HO~So NO. ~ Street ...... Hamlet County Tax Map No. 1000 Section .... ~. ~ .... Block ...... ~. ( ..... Lot .. ~.~ ........ Subdivision ................. Filed Map No ................. Eot No .................. . is returned herewith and disapproved on the following grounds . .~.~. ~. A~: .~ '"k" _ ................ , ...... " .... ~"~:'~..~ ..... ..... .... ........ .... ~ ........ '..(< w~. ~ :~- ~ u ~ ., . ..~ ............ G.~ . , , ~.~ ~ · .~~..~.~ ~ ....~ -~ ........................................ 7 ......... Build,n9 Inspector ~ ...... RV 1/80 , ... APPROVED AS NOTED :: OCC'JPM!C¥ FN~I]I~Y BUILDING' DEPA~RTMIENT A'~ ; '~ . Two O~ 0CCUPANC~ ' -- ' ' ALL CONSTRUC~ON SHALL M~' . · o, ..... ~uMBEES~E~upANc' THE .EQUm;~ENTS O~ T~E~~ .... r~ADFU'~ O~:~ATE~ STA~ CONSTRU~ON e . ' , 0N ~E N~ T OES~G~onCONSTRU~ONEnROR~ ~G ~, ,oLDE~ .,5Tm"' l~Lm~ FOLLOWING INSPECTION8 ¢o. POURED 2. ROUGH - FRAMING eE CO~PL~E FOR C.O COOES. N~ RESPONSIBLE FOR VaruJan Arslanyan 74 West 47th Street New York, NY 10036 Febr%lary 5, 1991 Construction of Residence 54455 County Road GreeD]Port, N5[_11944 Dear Mr. Arslanyan: we are the attorneys for Ron Morizzo Builder, Inc. and are writing you in connection with the above-referenced construction project. As you are aware, the project is currently authorized under a ~ix-month extension of the building permit, which extension wam qranted on September 7, 1990. Thus, the extension of permit expires on March 7, 1991. Our client advises that the building department has indicated that no further extension or new permit will be granted based upon the present plans in the absence of an approval from the zoning board of appeals, unless tile construction is substantially completed within the current ~xten~i?n pe{iod. Because of t~e delays occasioned by · ndecls~on w~th regard to building materials, tile project completion i~ endangered. 'We urge you to re~olve these material selection issues and proceed in a timely manner toward completion. we also note that your concerns regarding the changes for fill and steel columns are unfo~ded. Our client has indicated that a temt hole will be bored by the excavator to confirm that tile fill was delivered as reported. We trust that you will fi~)d thi~ satisfactory. Our client has further explained to you that the lumberyard quote on steel columns was for a screw-type item, when the specifications called for a welded item, a more expensive and stronger column. While our client regrets that the yard made an error, nevertheless, you were properly charged for the correct steel columnS. Pa~e 2 Construction of Greenport Residence February 5, 1991 Our client de~ires to complete the agreement as contemplated and is oonfident that prompt 9ecision-making and payment will facilitate timely completion. Very truly yours, Eric J. Bressle~ EJB=pf:mb ARS DEPARTMENT OF PLANNING COUNTY OF SUFFOLK ~(: ~ )~l ROBERT J. GAFf NEY SUffOlK COUNTY EXECUTIVE ARTHUR H. KUNZ DIRECTOR OF PLANNING June 28, 1993 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) which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) ~ Arslanyan, Varujan Mangiamele, Thomas & Kathleen Municipal File Number(s) 4072 4168 Very truly yours, Arthur H. Kunz Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. R. Rob~rt.A..V. illa lcnara b. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCO3TF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Pt~suant to Article X/V of the Suffolk County Administrative Code, The Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning C~a~ission: Variance:from the Zoning Code, Article XXIII , Section 100.239.4 __Variance from Determination of Southold Town Building Inspector __Special Exception, Article , Section __Special Permit As amended Appeal No: 4072 ' Applicant: Varujan Arslanyan Location of Affected Land: 54455 CR 48, Greenport, NY County Tax Map Item No.: 1000-52_1_8 Within 500 feet of: __' Town or Village Boundary Line XX Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area Existing or Proposed Right-of-Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines, or Within One Mile of a Nuclear Power Plant __ Within One Mile of an Airport Comments: Applicant is requesting permission.to construct open deck-spa addition with insufficient setback from bank along L.I. Sound. ~opies of Town file and related documents enclosed for your review. Dated: June 24, 1993 APPE~.~ BOARD MEMBERS Gerard R Geehr/nger, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wil~nn Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD June 24, 1993 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Mr. Merlon Wiggin, P.E. Peeonic Associates, Inc. P.O. Box 672 Greenport, NY 11944 Re: Appl. No. 4072 (Amended) - Varujan and Linda Arslanyan Dear Mr. Wiggin: Enclosed please find a copy of the findings and determination rendered by the Board of Appeals at our June 22, 1993 Regular Meeting. Please be sure to return to the Town Building Department and any other agency which may have jurisdiction in this project for issuance of all permit(s) or other approvals before commencing construction activities for the deck or walkway. We have furnished copies of this approval to the Building Department for their update and permanent recordkeeping concerning its issuance of the May 20, 1993 Notice of Disapproval. Very truly yours, Enclosure Copy of Decision to: Building Department Linda Kowalski PUBLIC HEARING BOARD OF ZONING APPEALS TOWN OF SOUTHOLD June 22, 1993 (7:30 p.m. Hearings Commenced) Present : HON. GERARD P. GOEHRINGER, Chairman JAMES DINIZIO, JR., Member ROBERT A. VILLA, Member RICHARD C. WILTON, Member (Absent and Excused: SERGE DOYEN, Member) LINDA KOWALSKI, Clerk-Assistant to Board ZBA HEARINGS 39 June 22, 1993 APPLICATION NO. 4072 - VARUJAN ARSLANYAN. Request for Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 as amended May 20, 1993 for permission to construct open deck-spa addition with an insufficient setback from the bank along the Long Island Sound. The lot area and width of~ this parcel are nonconforming and are located in the R-40 Residential Zone District. Location of Property: 54455 County Road 48, Greenport (near Southold); County Tax Map Parcel No. 1000-52-1-8; also referred to as Combined Lot #1 and 2 on the Land Map of Young & Goodale. 8:27 p.m. (The Chairman opened the hearing and read the Legal' Notice and application for the record.) THE CHAIRMAN: The site plan I have is in behalf of Peconic Associates. The most recent date is May 4, 1993. The original date was 10/9/92. The nature of this application is a proposed wood deck of approximately 18 by 34, excuse me-- 18 by 64-- it's not right? What is the width of the deck? CLERK KOWALSKI: Sixty-four, it is. THE CHAIRMAN: Which includes a walkway on the easterly side of the house; and I assume at this point it is an open deck, and we will start with Mr. Wiggin. How are you tonight, Merle? Appearance: Merlon Wiggin, PE, for Applicant ZBA HEARINGS 40 June 22, 1993 are MR. WIGGIN: I am fine. in such a benevolent mood. And I am glad to see that you what has plans. Just make four copies available. THE CHAIRMAN: Thank you. MR. WIGGIN: Also with me is the owner Mr. THE CHAIRMAN: They are, I'm not (indicating Board). MR. WIGGIN: I think the background is a prime part of occurred, and I brought extra copies of the original Arslanyan, along with the immediate neighbor. The background of this is quite unique. The applicant has owned this property for over eleven years and wanting to plan some improvements and enjoy them particularly like must you live on the Sound to have a deck and those things that go with it. Back in March of 1989 he was issued a building permit to rebuild the house, add to it and include a deck and swimming pool; and permit was renewed to the next date on March 9, 1991. In the planning of his rebuilding of his house, he decided to tear down the old structure and build it totally new. So a demolition permit was issued on 8/28/90. Unfortunately, and this I can tell from Building Department records, he was not advised that if he didn't get started before March 9, 1991, his old building permit would be null and void and he would have to start over again. So he got caught in the old time frame of thinking he was all set to go, and when he finally got ready for a contractor on the job, he found he was four months late in getting started. The building ZBA HEARINGS 41 June 22, 1993 permit was reissued on, revised on July 19, 1991, minus any deck at all. He starts off with a 32 by 35 deck and now ends up with no deck at all. If he had known that this was going to be the problem that he would experience, at the time of demolition he would have the option to move the house closer to the road because he had a long front yard. He was not given that option and did not know it until the house was already rebuilt. Consequently, the Trustees were involved. We have been to the Trustees and have worked out a compromise, so instead of the big deck with swimming pool, now he gets a small deck 18 by 64, and the permanent spa that had been issued by the Trustees, so we are now at the point that before he can go and enjoy any of his property so far as the deck and Sound and so forth, he now ends up with a brand-new rebuilt house without a deck. That is why we are here before you tonight. Can I answer any questions? THE CHAIRMAN: You have a permit from the DEC for the bulkhead? MR. WIGGIN: The permit from DEC for bulkhead is still pending; they have asked for some minor changes in the construction of it and are still looking at that. We have the permit from Town Trustees for the bulkhead. The Coastal Zone Erosion was waived. We have that, so the only thing left, as far as the deck is concerned, is your Board. THE CHAIRMAN: The neighbors on both sides have bulkheads? ZBA HEARINGS 42 June 22, 1993 MR. WIGGIN: The neighbors on, immediately to the east has a bulkhead, and you skip a lot without a bulkhead; and the next neighbor to the west has a bulkhead; and the neighbor nearest the west is a very narrow, small lot, and he is in the process of making application for bulkhead that will tie together the bulkheads to the east and the west, for a continuous bulkhead. This is very important to both of those owners because in that December storm and the high waves, erosion occurred on both of those two lots that were not bulkheaded. THE CHAIRMAN: It has been unique for the DEC to usually not --let me rephrase the question. It has been usually the DEC's, I shouldn't MR. WIGGIN: to-- say that either. You'd like to say the DEC is the THE CHAIRMAN: Do they usually grant bulkhead last one applications in situations where there are existing bulkheads? MR. WIGGIN: Yes, they do. THE CHAIRMAN: In areas where this particular house doesn't have a bulkhead. MR. WIGGIN: That's right. We expect that to be granted. The reason for the delay, they have indicated, they have so many applications for immediate potential loss of property, they felt this one is stable enough so they can address other more critical permits first. ' ZBA HEARINGS 43 June 22, 1993 THE CHAIRMAN: I can appreciate that, and Mr. Sambach sitting back there represents us in the Park District, and it took two years and four months to get a replacement of a bulkhead in Mattituck, so I can appreciate that. MEMBER VILLA: The difference is, you got a marine fringe on the bay; on the Sound side you don't have a marine fringe. THE CHAIRMAn,: Ch, you don't have a marine fringe. Is that because of the leaching? MEMBER VILLA: No, it is because you just got sand,' you don't have the typical wetland type of structure like you have on the bays. THE CHAIRMAN: Thank you. MR. WIGGIN: Mr. Arslanyan is here, along with his immediate neighbor. He has also talked to both neighbors who as you have learned, have no objection to this. THE CHAIRMAN: Is this the neighbor to the west or the neighbor to the east? MR. WIGGIN: Neither has any objection. Only one neighbor is here tonight. THE CHAIRMAN: Yes, but which neighbor is that, the one-- MR. WIGGIN: The neighbor to the east. THE CHAIRMAN: To the east, okay. While you are up there, Merle, any questions -- Bob? ZBA HEARINGS 44 June 22, 1993 MEMBER VILLA: No. THE CHAIRMAN: Merle, can you give us a figure as to setback, at its closest point to the bulkhead? Even if you have to scale it. MR. WIGGIN: The closest point to the bulkhead -- right now it is fifty-some-odd feet. The deck eighteen, so it is the difference, fifty minus eighteen. THE CHAIRMAN: Thirty-two feet? MR. WIGGIN: About 3~ feet. THE CHAIRMAN: MEMBER VILLA: conditions going to be Okay. What is the nature of the soil from the bulkhead to the deck --like in the sand or going to be topsoil or grass? MR. WIGGIN: Sorry. What is your question? MEMBER VILLA: I want to know what soil conditions are' going to be between the bulkhead and the house? MR. WIGGIN: Right now it is a loamy sandl and in that slope between the top of the bluff and the bulkhead it is going to be planted with erosion-resistant shrubs. This is a requirement of both DEC and Town Trustees. MEMBER VILLA: It is all going to be slanted back from the bluff and back to the house? MR. WIGGIN: There is a level area where the deck is, and it proceeds out level beyond that, it is all in existence, and then slopes down to the top of the bulkhead. ZBA HEARINGS 45 June 22, 1993 MEMBER VILLA: So if you ended up with that with grass, you would basically then have a positive runoff towards the Sound? MR. WIGGIN: Well, right now the crown is very very flat because it slopes up to the residence and the bluff and flattens out right where the house is, so the general slope of the property is away from the Sound except maybe right in the immediate vicinity of where the bulkhead is going to go. MEMBER VILLA: 'I was just curious as to whether you were going to grass it and going to have fertilizer going on it and everything else like that, which might tend to run off towards the Sound. MR. WIGGIN: No, this is-- the owner is prepared to use the restrictions as far as fertilizing of that small piece of property. The Trustees brought that up. That is why they want the majority of the area planted in the erosion-control shrubs which do not require fertilization treatment. THE CHAIRMAN: In dealing with this sixteen feet or 18-foot deck rather, did you do any analysis of what the surrounding property owners have, in reference to their decks? The legal ones. MR. WIGGIN: There is decks all up and down the neighbors. Some have decks and some do not. I really don't know how many are legal and how many are illegal. ZBA HEARINGS 46 June 22, 1993 THE CHAIRMAN: Did you take any measurements at all, to your knowledge? MR. WIGGIN: We took the measurements of the main part of the structure, which is the same as east and west. As you go further and further east, the decks are generally this location --some are even closer, a lot are even closer to the bluff. THE CHAIRMAN: Any other questions, gentlemen? (No response from the Board.) THE CHAIRMAN: That's great. We will definitely kick it around tonight and if anybody else wants to say anything-- Mr. Arslanyan, do you want to say anything? MR. ARSLANYAN: No, your Honor. I have nothing to say, except I wish you would grant the application. I am struggling; three years I have been paying taxes and it not granted. THE CHAIRMAN: Thank you, sir. MR. WIGTN: The neighbor to the east is also here. THE CHAIRMAN: Right. MR. ARSLANYAN: Neighbor to the west very sorry he couldn't come. He is a good friend of mine; he also submitted written, and apologize for the fact that he couldn't be here tonight. But he verify he can be on the phone at nine o'clock. THE CHAIRMAN: Thank you. That's not necessary. I am sure if he objected, he would be here or would send us a letter. No question about it. Thank you very much, sir. · ZBA HEARINGS 47 June 22, 1993 the east? MR. WIGGIN: THE CHAIRMAN: something. deserve a record? Do you want to hear from the neighbor to Only if he would like to say THE CLERK: If I could just have his name please. HOWARD EDELSTEIN: I think Mr. and Mrs. Arslanyan favorable decision. They are lovely people. THE CHAIRMAN: Could I just have your name for the MR. EDELSTEIN: My name is Howard Edelstein. THE CHAIRMAN: Thank you, sir. Is there anybody else who would like to speak either pro or con on this particular application? Just in final passing, I think I have been to your house more times than you probably visited during the construction, with the fact that this hearing was on, it was not on, and the Coastal Zone Management Act came in, and we were back and forth and back and forth, and it is truly a beautiful house, and we wish you the best of luck with it, sir. MR. ARSLANYAN: paying a visit with us. THE CHAIRMAN: I hope you people give me the honor of Okay. Hearing no further questions, I make a motion closing the hearing and reserving decision until later. (Seconded and carried; see Clerk's Minutes.) TRUSTEES John M. Bredemeyer, III, President Albert J. Krupski, Jr., Vice President Henry la. Smith John B. Tuthill William G. Albertson Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN.TRUSTEES TOWN OF SOUTHOLD SUPERVISOR SCOTT L. HARRIS Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 COASTAL EROSION MANAGEMENT PERMIT Permit Number: 52-1-8 Name of Applicant/Agent: Peconic Associates Name of Permittee: Varujan Arslanyan Address of Permittee: 1055 River Road, PH-11, Edgewater, NJ 07020 Property Located: 54455 Middle Rd. Southold DESCRIPTION OF ACTIVITY: To construct approx. 95' of bluff protection type bulkhead to connect to existing bulkhead to the east Approx. 150 c.y. of clean fill will be trucked in. Construct 18' X 68' wide wooden deck, and replace 3' wide stairs to beach. Date of permit issuance: April 30, 1993 This permit is valid for a period of two years from the date of issuance. SPECIAL CONDITIONS: ~ Bluff restoration through a re-vegetation agreement is attached hereto and is a necessary special condition of this permit. ~ A relocation agreement is attached hereto and is a necessary special condition of this permit. ~ A maintenance agreement is attached hereto and is a necessary special condition of this permit. TRUSTEES John M. Bredemeyer, III, President Albert J. Krupski, Jr., Vice Presidenl Henry P. Smith John B. Tuthill William G. Albenson Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN .TRUSTEES TOWN OF SOUTHOLD SUPERVISOR SCOTT L. HARRIS Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 May 13, 1992 Peconic Assoc., Inc. one Bootleg Alley P.O. Box 672 Greenport, NY 11944 Re: Varujan Arslanyan SCTM 91000-52-1-8 Dear Mr. Wiggin: The following action was taken by the Board of Town Trustees during its regular meeting held on Thursday, April 29, 1993 regarding the above matter: WHEREAS, Peconic Associations on behalf of Varujan Arslanyan applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of $outhold, application dated February 8, 1993 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 Thursday, April 29, 1993 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 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 Peconic Assoc. on behalf of Varujan Arslanyan to construct approx. 95' of bluff protection type bulkhead to connect to existing bulkhead to the east. Approx. 150 c.y. of clean fill will be trucked in, construct 18' X 68' wide wooden deck, and replace 3' wide stairs to beach. Permit 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. Permit will be issued upon payment of the following fees for work to be done below Mean High Water Mark: No fees Very truly yours, John M. Bredemeyer, III President, Board of Trustee JMB:jd Board Of $outhold Town Trustees SOUTHOLD, NE}A/YORK PERMIT NO. 4155 DATE: .April 30, 1993 ISSUED TO Varujan .Arslanyan Authorization Pursuant to the provisions of Chspter 615 of the Laws of the State of New York, 1893; and Chapter 404 of the Laws of the State of New York 19S2; .~nd the Southold Town Ordinance en- titled "REGULATING AND THE PLACING OF OBSTRUCTIONS IN AND ON TOWN WATERS AND PUBLIC LANDS and the REMOVAL OF SAND, CoRAVEL OR OTHER MATERIALS FROM LANDS UNDER TOWN WATERS;" and in accordance with the Resolution of The Board adopted at a meeting held on Apr/.] 29, 19 93, and in consideration of the sum of $200.00 paid by Peconic Associates. on behalf of %faruj~n Ar~nTf.an of N.Y. and subiect to the Terms and Conditions listed on the reverse s;de hereof, of Southold Town Trustees authorizes and permits the following: to construct approx. 95' of bluff protection type bulkhead to connect to existing bulkhead to the east. Approx. 150 c.y. of clean fill will be trucked in, construct 18' X 68' deck, replace 3' wide stairs, to an m a¢coraance w,rn rne detailed specifications as presented in the originating application. IN WITNESS WHEREOF, The said Board of Trustees here- by causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this date. .......... TERMS ,,nd CONDITIONS The Pe~mictee Varuian Arslanyan residing at Route ~R. gm~,thnld N.Y., Is part of the consideration for the iss~ce of the Permit does understand and ptesctlbe to the fol- lowing: 1. That the said Board of Trustees and the Town of Sonthold are teleased from any and a~ damages, or dslms for damages, of suits asising ditlgtly ot ind~y a~ a result of ally atlon perforated lmzsnant to this Petmlt, and the s~id Penni~tee wiU, at his or h~ 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 Tmstres of the Town of Southold 2. That this Permit is valid for a period of 24 mos. which is ~idered to be the estimated time t~quired to complete the work involved, but should circumstances warrant, request for an extension may be made to the Bo~d at a later date. 3. That this Permit should be retained indefinitely, or as long as the said Pezmittee 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 Boazd 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 unceasonable 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 she beach between high and low water marks. 7. That if future operations of the Town of So~thold 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 shah cause unreasonable ohstrumon to free navigation, the said Permittee vail be requit~d~ upon due notice, to remove or alter this work or project herein stated without expenses to the Town of Southold. 8. That the said Board will be notified by the Pecmirtee ot the completion of the work auth- orized. 9. That the Permittee will obtain all other permits and consents that may be requi~-ed sup- plemental to this permit which may be subject to revoke upon failure to ob~;n ~'ne. SOUTHOLD TRUSTEES No. ~ Issued To-~ Date~ -..~_~_:~_- Address~ THIS NOTICE MUST BE DISPLAYED DURING, CONSTRUCTION TOWN TRUSTEES OFFICE,TOWN OF SOUTHOLD SOUTHOLD, N.Y. 11971 TEL.: 765-1892 ~ j~.,~.,*.. --"-~~-/~I~NT OF THE A //",K,~/~'qr~' * ' , ' NEW YORK DiSTA~OT. CORPS OF'ENgINEERS ~"~': '' JAGOB:K. JAVIT8 FEDERAL BUILDING ~eter~ De.mits ~ect:l. on SUBJECT: Joint Application with New Yolk State Department of Envlronment~l'Conservation 'VaruJan Armlanyan 10~ River Road Ph - 11 Ed~ew~ter. NJ 07020 We have recently 'received a copy of the Joint Application for-permit you filed'wi~h-the"New-York State--Dcp=~t~,~nt of Enviroranental Conservation (NYSDEC). Please be advised we have reviewed the copy of the Joint Application sent to this office by NYSDEC. ~ased solely upon the information provided, it appears that a Department of the Army permit is not required ~or your proposal. The Department o£ the Army regulates construction activities in navigable waterways and dischaz~es of dredged or fill material into waters of the United States, including, inland and coastal wetlands. If your proposal woul~ involve such work, and has not been portrayed as such in your Joint Application, you should contact this office immediately so that. a project-specific determination can be ~ade as to whether a Department of the Army permit will be required. Any inquiries can be directed to this Office at (212) 264~ 391~, 3912, 6730, or 6731. $1ncerely, 2129447140 New York State Department of Environmental Conservation Building 40--$UNY, Stony Brook, New York 11790-23S6 A review has been made of Based on the information you have of Environmental Conservation h~ determined that the . project ' · .. Greater than 300' from inventoried tidal wetlands. submitted, the New York State Department parcel Landward of a substantial man-made structure greater than 100' in length which was constructed prior to 9/20/77. Landward of the 10' above mean sea level elevation contour on a gradual, natural slope. Landward of the topographic crest of a bluff, cliff or dune which is greater than 10' in elevation above mean sea level. 'Please be further responsibility of agencies. Therefore, no permit is required under the Tidal Wetlands Act (Article 25 of the Environmental Conservation Law). Please be advised, however, that no construction, sedimentation or disturbance of any kind may take place seaward of the 10' contour or topographic, crest without a permit. It is your responsibility to ensure that all ne%essary precautions are taken to prevent any sedimentation or other alteration or disturbance to the ~round surface or vegetation in this area as a result of your project. Such precautions may include providing adequate work area between the 10' contour or topographic crest~ and the project (i.e. a 15' to 20' wide construction area) or erection of a. te~porary'fence, barrier, or hay bale berm. Please note that any additional work, or modification to the project as described, may require authorization by this Department. Please contact this office if such are contemplated. advised that this letter does not relieve you of the obtaining any necessary permits or approvals from other Very truly yours; Pag~ 4 - Appl.~. 4072 (Amended) Matter of VARUJAN ARSLANYAN Decision Rendered June 22, 1993 RESOLVED, to GRANT the relief, as amended for a setback at 32 feet to the new bulkhead as shown on the May 4, 1993 plan prepared by Peconic Associates, Inc., and walkway at the easterly side of the dwelling leaving an open, unobstructed access-setback at 15 feet, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the drywells be installed for proper discharge of spa water; no spa water or rain water runoff shall be discharged towards the bluff face and all water shall be properly contained (or removed); 2. That the relief granted herein is limited to this open, unroofed deck, with spa, as shown on the May 4, 1993 plan prepared by Peconic Associates, Inc. 3. That there be no roofing or other enclosures; no screening (temporary or permanent); 4. That there be no placement of storage lockers or similar items in the restricted yard areas or on the open deck or walkway; 5. That lighting must be shielded to the ground and not be adverse to neighboring areas; 6. That the deck remain as a one-story deck (without expansion or an upper level added). Vote of the Board: Ayes: Messrs. Dinizio, Wilton, Villa and Goehringer. This resolution was duly adopted. lk /"GERARD P. GO~--HRINGER, ~HAIRMAN Copies of the Legal Notice for 6/22 Hearings to: Hand Delivery to L.I. Traveler-Watchman Office on 6/8 for publication Fax Transmission to Times-Review (courtesy copy) Copies mailed to the following 6/8/93: Stephen L. Ham III, Esq. (Re: Ferguson and Buckner) Matthews & Ham 45 Hampton Road Southampton, NY 11968 Mr. and Mrs. Thomas Mangiamele 3180 Duck Pond Road Cutchogue, NY 11935 Mr. and Mrs. Stephen O'Connor Cross Stitch Cat Ltd. P.O. Box 118 Mattituck, NY 11952-0118 Mr. Roy L. Haje, President En-Consultants, Inc. 1329 North Sea Road Southampton, NY 11968 (T. Petikas) Rudolph H. Bruer, Esq. Main Road - Box 1466 Southold, NY 11971-1466 (Re: H. Mormile) (Re: P. Stiefer) Philip J. Cardinale, Esq. Jamesport Center Main Road - Box 2021 Jamesport, NY 11947-2021 (Re: J. Cronin) Mr. Merlon Wiggin, P.E. Peconic Associates, Inc. One Bootleg Alley Greenport, NY 11944-0672 (Continued on next page) 6/22/93 Hearings - Mailing List: (Continued from previous page) Mr. and Mrs. Varujan Arslanyan 1055 River Road Apt. PH 11 South Building Edgewater, NJ 07020 Anthony B. Tohill, P.C. 12 First Street Box 1330 Riverhead, NY 11901-1330 (Re: Price) APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Teleplione (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOFF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 May 20, 1993 S.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 4072 Amended Project/Applicants: Varujan Arslanyan County Tax Map No. 1000-52-]-]8 Location of Project: 54455 CR 48, Greenp0rt, NY Relief Requested/Jurisdiction Before This Board in this Project: Construct addition to existing dwelling within 100' of sound bluff This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted; however, Section 617.13 of 6 NYCRR Part 616, and Section 8-0113 of the Environmental Conservation Law, this variance application falls under the Type II classification as established by law. Further, this Department may not be an involved agency under SEQRA {Section 617.13(a) as amended February 14, 1990}. Although this action is classified as Type II for this variance application under SEQRA {specifically 617.13, 616.3(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, $outhold, NY 11971 at (516) 765-1809. Original posted on Town Clerk Bulletin Board, Town Hall Copies to applicant or his agent and individual board members. Copy placed in ZBA project file for record purposes. mc FORM NO, 3 TOWN OF SOUTItOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTtIOLD, N.Y. NOTICE OF DISAPPROVAL · r ' dPLEASE TAKE NOTICE .. ', ......... dPP .., 19.. . for permit to . ,. . County Tax Map No. 1000 Section ~.~Z~ ..... Block ~.. ~ ....... Lot ...~.~ .... Subdivision Filed Map No ................. Lot No .................. · .... __ // ,/~_/.// / .~..~ , ~ ........ · ~.~,.."~,~. ,.. ~~,-. ,,t... :.-.~../-/,. ~ ,-:~r~,~...~-- Building Inspector RV 1/80 "~1.~-~ 6-2 (2/8'7) -- ?c 617.21 Appendix A State EnvironmentaI Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM SEQR Purpose': The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequent- ly, there are aspects of a project that are subjective or unmeasureable. It is also understood that those who'determine significance may have little or no formal knowledge of the environmen~ or may be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. . The full EAF is intended to provide a method whereby ap'plicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible to allow introduction of information to fit a Project or action. Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying ba$i~: project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. ?art 2: :ocuses on identifying the rang~ of possible iml~acts that may occur from a project or action. It pro~ides ~'.uidance as to whether an impact'is likely to be considered small to moderate or whether it is a potentially- large impact. The form also identifies whether an impact can be mitigated 0r reduced. Part 3: If any impact in Part 2 Js identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is actually important. DETERMINATION OF SIGNIFICANCE--Type I and Unlisted Actions Identify the Portions of EAF completed for this project: 1~ Part I [] Part 2 []Part 3 Upon review of the information recorded on this EAF(Parts 1 and 2 and 3 if appropriate), and any othe(supporting information, and considering both the magitude and importance of each impact, it is reasonably determined by the lead agency that: [] A. The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant im.pact on the environment, therefore a negative declaration will be prepared. [] B. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.* [] C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. * A Conditioned Negative Declaration is only valid for Unlisted Actions Name of Action Name Of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer (ll'~r) PART 1--PROJECT INFO~IATION " Pl:epared by Project Sponsor '" · NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effe on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be'c0nsider~ as part of the application for approval and may be subject to further verification and public re~,iew. Provide any addition information you believe will be needed to complete Parts 2 and 3. · · It is expected that completion of the full EAF will be dependent on information currently available and will not in~ol~ new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and speci: each instance. . NAME OF ACTION ARSLANYAN - DECK LOCATION OF ACTION (Include Street Address, Municipality and ~unty) 54455 MIDDLE ROAD (COUNTY RD.) ROUTE $*, SOUTHOLD, NEW YORK NAME OF APPLICANT/SPONSOR PECON[C ASSOC[ATES, [NC. ADDRESS RUSINESS TELEPHONE 516) 477-0(1~n ONE BOOTLEG ALLEY/P. O. BOX 672 CITY/PO GREENPORT I STATENy II ZIP1 1 CODE NAME OF OWNER (if different) , 944 fBUSINES~ TELEPHONE VARUJAN & LINDA ARSLANYAN (201) 886-1557 ADDRESS 1055 RIVER ROAD - PH-11 CITY/PO EDGEWATER I STATE I ZIp CODE DESCRIPTION OF ACTION NY 07020 CONSTRUCT 18~ X 68~ WIDE WOODEN DECK AS PER PLAN. BEACH (WASHED AWAY IN DECEMBER STORM). REPLACE 3' WIDE STAIRS TO Please Complete Each Question--Indicate M.A. if not applicable A. Sit? Description · Physical setting of overall project, both developed and undeveloped areas. 1. Present land use: I-)Urban 1-11ndustrial I-ICommercial K-1Residential (suburban) r-lRural (non-farm nForest I-IAgriculture r-lOther 2. Total acreage of project area: 0.5 acres· APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow or Brushland (Non-agricultural) acres acres Forested . acres acres · Agricultural (Includes orchards, cropland, pasture, etc.) acres acres Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) acres acres Water SurfJ~ce Area a~:res acres Unvegetated (Rock, earth or fill) acres acres Roads, buildings and other paved surfaces acres acres Other (Indicate type). HOUSE LOT 0.5 acres 0.5 _ acres 3. What is predominant soil type(s) on project site? HaB - HAVEN LOAM a. Soil drainage:, i-IWell drained . % of site FXlModerately well drained 100 _ % ol: site ~ F1Poorly drained % of site b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the NY~ Land Classificati0n,System? N/A acres. (See I NYCRR 370). 4. Are there bedrock outcroppings on project site? I-lyes ~No a. What is depth to bedrock? (in feet) 2 '. IS project ~ubstantially contiguous to a site listed on the Register of National Natural Landmarks? 8. What is the depth of the water table? 13 (in feet) 9. Is site located over a primary, principal, or sole source aquifer? I-lYes 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? DYes K-~No 11. Does project site contain any species of plant or'animal life that is identified as threatened or endangered? DYes IC1No According to Identify each species .. 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations) r-lYes ~'lNo Describe ' · ' !~'115~ oTel~ea~er 6. Is project substantially contiguous to. or contain a building, site, or district, listed on the St,~e or the National Registers of Historic Places? DYes DNo I-lYes ~ rXINo 13. Is the 14. 15. proj~c: sit..· presently used by the community or neighborhood as an open space or recreation area? DYes [~No If yes, explain · Does the present site include scer~ c views known to be important to the community? DYes I~No Streams within or contiguous to proiect area: N/A a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within or contiguous to project area': a. Name N/A b. Size (in acres) 17. Is the site served by existing public utilities? ~Yes I-INo WATER AND ELECTRICITY a) .If Yes, does sufficient capacity exist to allow connection? ~Yes DNo b) If Yes, will improvements be necessary to allow connection? DYes I~No '18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 2S-AA, Section 303 and 304? DYes ~No 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 6177 DYes IX1No 20. Has the site ever been used for the disposal of solid or hazardous wastes? I--lYes ~lNo B. Project Description - 1. Physical dimensions and scale of project [fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by project sponsor 0.5 b. Project acreage to be developed: 0.5 acres initially; 0.5 c. Project acreage to remain undeve!oped 0 _ acres. d. Length of project, in miles: ,, N/A (If appropriate) e. If the project is an expansion, indicate percent of expansion proposed 0 %; f. Number of off-street parking spaces existing N/A ; proposed g. Maximum vehicular trips generated per hour N/A ' (upon completion of project)? h. If residential: Number and type of housing units: One Fami]y Two Family Multiple Family Initially . 1 C Ultimately 1 i. Dimensions [in feet) of largest proposed structure height; 18~ width; 64' length. j. Linear feet of frontage along a public thoroughfare project will occupy is? N/A ft. acres. acres ultimately. Condominium 2. How much natural mateli.e., rock, earth, etc.) will be removed the site? 3. Will disturbed areas be re~Taimed? I-lYes I/No I~N/A ,,, a. If yes, for what intenduc: purpose is the site being reclaimed? · b. Will topsoil be stockpiled for reclamation? nyes c. Will upper subsoil be stockpiled for reclamation? //-lyes nNo 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? ' 0 acres. 5. Will any mat~ure forest (over 100 years old) Or other locally-important vegetation be removed by this project? l-lYes ~No 6. If single phase project: Anticipated Period· of construction 1 7. If multi-phased: N/A a. Total number of phases anticipated (number). b. Anticipated date of commencement phase 1 month c. Approximate completion date of final phase month d. Is phase] functionally dependent on subsequent phases? I'qYes 8. Will blas'.'ing occur during construction? I-lYes l'~lNo 9. Number of jobs generated: during construction ~ 10. Number of jobs eliminated b~ this project 0 11. Will project require relocation of any projects or facilities? F1Yes 0 tons/L'ubi¢ yar.ds. mc~nths, (including demolition).. year, (including demolition). , year. C]No 0 ~]No If yes, explain ; after project is complete 12. Is surface liquid waste disposal involved? i'qYes 0('lNo a. If yes, indicate type of waste (sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposai involved? I/Yes I~No Type 14. Will surface area of an existing water body increase or decrease by proposal? Explain 15. Is project or any portion of project located in a 100 year flood plain? nyes 16. Will the project generate solid waste? r-lYes rlNo a. If yes, what-is the amount: per month tons b, If yes, will an existing solid waste facility be used? I-Iyes I/No c. If yes, give name ; Iocati6n d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? e. If Yes, explain I/Yes l~No t ~No C]Yes I-1No 17. Will the project involve the disposal of solid waste? a. If yes, what is the anticipated rate of disposal? _ b. If yes, what ii the anticipated site life? 18. Will project use herbicides or pesticides? I/Yes I/Yes rX1No tons/month. years. ~No 19. Will project routinely produce odors (more than one hour per day)? I-lyes ~No 20. Will project produce operating noise exceeding the local ambient noise levels? OYes 21. Will project result in an increase in energy use? I-lYes R'~No If yes , indicate type(s) ~No 22. If water supply is from wells, in~licat~ p~Jiiiping capacity , N/A 23. Total anticipated water usage per day N/A gallons/day. 24. Does project involve Local, State or Federal funding? I-lyes If Yes, explain gallons/minute. ~No 4 Approvals Required: City,(~Village I~oard TRUSTEES ~Yes r-]No City,.Town, Village Planning Board ·OYes I~No City,~-~Zoning 8oard fflYes I~No City, County Health Department I-lyes ~No Other Local Agencies l-lYes Other Regional Agencies I-lYes [~No State Agencies C1yes I~No Federal Agencies r-lYes (~No VARIANCE Submittal Date 02/03/93 05/03/93 C. Zoning and Planning Information 1. Does proposed action involve a planning or zoning decision? [~Yes f'lNo If Yes, indicate decision required: i'-lzoning amendment ~]zoning varianc~ Especial use permit I-Isubdivision []site plan t-lnew/revision of master plan f-lresource management plan Dother 2. What is the Zoning classification(s}of the site? RESIDENTIAL 3. What is the maximum potential development of the site if developed as permi.tted by the present zoning? ONE RESIDENCE 4. What is the proposed zoning of the site? N/A 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? N/A 6. Is the proposed action consistent'with the recommended uses in adopted local land use plans? f'~Yes 7. What are the predominant land use(s) and zoning classifications within a ¼ mile radius of proposed action? RESIDENTIAL []]No (_ 8. Is the proposed action compatible with adjoining/surrounding land uses within a ¼ mile? 9. If the proposed action is the subdivision of land, how many lots are proposed? a. What is the minimum lot size proposed? RYes DNo N/A 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? I-lyes )("INo 11. Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection)? DYes r~No a. If yes, is existing capacity sufficient to handle projected demand? EYes ENo 12. Will the proposed action result in the generation of traffic significantly above present levels? I-lYes I~(1No a. If yes, is the existing road network adequate to handle the additiona traffic? D-lYes f-INo D. Informational Details Attach any additional information as may be needed to clarify your project. If there are or may b~ any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. E. Verification I certify that the information provided above is true to the best of my knowledge. Applicant/$pon/~e ~PECONIC.ASSOCIATES, TNC. - MERLON E. WIGGIN MAY 3, 1993 , ~ / //I z , ..-~,...~,--_ Title PRESIDENT If Ihe action is in lhe Coastal A ,~ '~ /,,~:x wilh Ibis assessment, rea, uno you are a state agency, complele Ihe Coastal Assessment Form before proceeding 5 Part 2--PROJECT IMPACTS AND TOIR MAGNITUDE .,. Responsibility of Lead Agency General Informatioq (Read Carefully) ..' , · In completing the form the reviewer Should be guided by the question: Have my response~ and determinations bee reasonable? The reviewer is not expected to be an expert environmental analyst. · Identifying that an impact will be potentially large (column 2) doe~ not mean that it is also necessarily significant. Any large impact must be evaluated in PART 3 to determine significance. Identifying an impact in column 2 simpl asks that it be looked at further. · The Examples provided are to ass st the reviewer by showing types Of impacts and wherever possible the threshold o magnitude that would trigger a response in column 2. The examples are generally applicable throughout the State am roi' most situations. But, for any specific project or site other examples and/or lower thresholds may be appropriab for a Potential Large Impact response, thus requiring evaluation in Part 3. · The impacts of each project, on each site, in each locality, will vary. Therefore, the examples are illustrative ant have been offered as guidance. They do not constitute an exhaustive list of impacts and thresholds to answer each question · The number of examples per question does not indicate the importance of each question· · In identifying impacts, consider long term, short term and cumlative effects. Instructions (Read carefully) a. Answer each of the 19 questions in PART 2. Answer Yes if there will be any impact. b. Maybe answers should be considered as Yes answers· c. If answering Yes to a question then check the appropriate box (column I or 2) to indicate the po~:ential size of the impa,ct. If impact threshold equal~ or exceeds any example provided, check column 2. is lower than example, check column 1. .. If impact will occur but threshold d. If reviewer has doubt abou~ size of the impact then Consider the impact as potentially large and Proceed to PART 3. e. If a potentially large impact checked in column 2 can be mitigated by change(s) in the proiect to a small to moderate impact, also check the Yes box in column 3. ^ No response indicates that such a reduction is not possible. This must be explained in Part 3. IMPACT ON LAND 1. Will the proposed action result in a physical change to the project site? E]NO Examples that would apply to cblumn 2 · Any construction on slopes of 15% or greater, (15 foot rise per 100 foot of length), or where the general slopes in the project area exceed 10%. · Construction on land where the depth to the water table is less than 3 feet. · Construction of paved parking area for 1,000 or more vehicles· · Construction on land where bedrock is exposed or generally within 3 feet of e~isting ground surface. · Construction that will continue for more than I year or involve more than one phase or stage. · Excavation for mining purposes that would remove more than 1,000 tons of natural material (i.e., rock or soil) per year. · Construction or expansion of a sanitary landfill. · Construction in a designated floodway· · Other impacts 2. Will there be an effect t ..... ~y uri,que or unusual land forms found on the site? (i.e., cliffs, dunes, geological formations, etc.)l-INO [:]YES · Specific land forms: 6 I 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change [] [] l--lyes r-INo I-I [] I-IVes I'"INo [3 [] []-lYes []No [] [] []Yes []No [] [] []Yes []No [] [3 []Yes E]No [] [] []Yes []No FI [] []Yes [3No [] [] []Yes []No [3 [] E]Yes []No IMPACT ON WATER 3. Will proposed action affect any water body desigriated as protected? (Under ^~'ticles 15, 24, 25, of the Environmental Conservation Law. ECL) " [~NO [-]YES Examples that would apply to column 2 · Developable area of site contains a protected water body. · Dredging more than 100 cubic yards of material from channel of a protected stream. · Extension of utility distribution facilities through a protected water body. · Construction in a designated freshwater or tidal wetland.' · Other impacts: C 4. Will proposed action affect any non-protected existing or new body of water? I-]NO nyES Examples that would apply to co[umn 2 · A 10% increase or decrease in the surface area of any body of water or more than a 10 acre increase or decrease. · Construction of a body of water tl~at exceeds 10 acres of surface area. · Other impacts: 5. Will Proposed Action affect surface or groundwater quality or quantity? f-iNo DyEs Examples that would apply to column 2 · Proposed Action will require a discharge permit. · Proposed Action requires use of a source of water that does not have approval to serve proposed (project) action. · Proposed Action requires water supply from wells with greater than 45 8allons per minute pumping capacity. · Construction or operation causing any contamination of a water supply system. · Proposed Action will adversely affect groundwater. ~ Liquid effluent will be conve,,.ed off the site to facilities which presently do not exist or have inadequate capacity. · Proposed Action would use water in excess of 20,000 gallons per day. · Proposed Action will likely cause siltation or other discharge into an existing body of water to the extent that there will be an obvious visual contrast to natur&i conditions. · Proposed Action will require the storage of petroleum or chemical products greater than 1,100 gallons. · Proposed Action will allow residential uses in areas without water and/or sewer services. · Proposed Action locates commercial and/or industrial uses which may require new or expansion of existing waste treatment and/or storage facilities. · Other impacts:.. L action alter drainage flow or patterns, or sur(ace 6. Will proposed water runoff? I'~NO C]YES Examples that would apply to column 2 · Proposed Action would change flood water flows. 7 ~1 2 '3 all.to Potential Can Impact Be Moderate Large ' Mitigated By Impact Impact Project ,,Change [] [] ' I-lYes [--INo [] [] [~]Yes I'"INo [] [] I-lYes r-INo [] i--I I--lyes f-INo [] [] F-~Yes I--INo [] [] E]Yes I--INo [] [] I--lYes i--]No [] [] I~Yes I--INo [] [] I--lyes F"] No I-1 [] [DYes rnNo [] [] E]Yes l-INo [] [] I-lYes I-]No [] [] I-lyes J--INo [] i--I [-]Yes E]No [] [] r-lyes [] [] r-lYes E]No [] [] ~Yes E]No [] [] EgYes I-INo E] [] I-lYes · I-i rn Egyes nNo [] [--I [DYes I--1No · Proposed Action may ca~se substantial erosion. · Proposed Action is incompatible with existing drainage patterns. · Proposed Action wili allow development in a designated floodway. · Other impacts: __ ' IMPACT ON AIR 7. Will proposed action affect air quality? ['INo l-lyEs Examples that would apply to column 2 · Proposed Action will induce 1,000 or more vehicle trips in any given hour. · Proposed Action will result in the incineration of more than I ton of refuse per :lour. · E'nission rate of total contaminants will exceed 5 Ib~. per hour or a heat source producing more than 10 miJNon BTU's per hour. · Proposed action wiU allow an increase in the amount of land committed to industrial use. · Proposed action will allow an increase in the density of industrial development within existing industrial areas. · Other impacts: IMPACT ON'PLANTS AND ANIMALS :3. Will Proposed Action affect any threatened or endangered species? •NO DYES Examples that would apply to column 2 · Reduction of one or more species listed on the New York or Federal list, using the site, Over or near site or found on the site· ' Removal of any portion of a critical or significant wildlife habitat· · Application of pesticide or herbicide more than twice a year, Other than for agricultural purposes. · Other impacts: Will Proposed Action substantially ~ffect non-threatened or non-endangered species? I-INo I~YES Examples that would apply to column 2 Proposed Action would substantially interfere with any resident or migratory fish, shellfish or w dJife species. P[oposed Action requires the removal of more than 10 acres of mature forest (over 100 years of age) or other locally important Vegetation. IMPACT ON AGRICULTURAL LAND RESOURCES Will the Proposed Action ~ffe~it agricultural land re$ourcesf Examples that would apply to column 2 ONO F'IYEs the proposed action would sever, cross or limit access to agricultural :and (inCludes Cropland, hayfields, pasture, vineyard, orchard, etc.) Potential Can Impact Be, Moderate "' Large' Mitigated Ry Impact Impact Project Chang,e, E] [] DYes J'-~, N ( 'i--I [] OYes /'-INo [~ ~ []Yes /"-~ No '0 [] r-lyes [] 0 [] 0 [] [] 0 OYes ONo. E]Yes I'-INo F-lYes F'INo ['-]Yes []No []Yes F"INo ~/Yes FINo ["-lYes []No [-~Yes ONo []Ve's ONo i ~Yes •No I:: 0 [] []Yes •No [] [] OYes E~No · Construction activity would excavate or compact the soil profile of agricultural land. · · The proposed action would.irreversibly convert more than 10 acres of agricultural land or. if located in an Agr!cultutal District, more than 2~5 acres of agricultural land. · · The proposed action would disrupt or prevent installation of agricultural land mana§ement systems {e.g., subsurface drain lines; outlet ditches, strip cropping); or create a need for such measures (e.g. cause a farm field to drain poorly due to increased runoff) · Other impacts: IMPACT ON AESTHETIC REsoURcEs 11. Will proposed action affect aesthetic resources? DNO I-lYES (If necessary, use the Visual EAF Addendum in Section 617,21, Appendix Examples that would apply to column 2 · Proposed land uses, or project components obviously different from or in sharp contrast to current surrounding land use patterns, whether · man-made or natural. · Proposed land uses, or project components visible to users of aesthetic resources which will eliminate or significantly reduce their enjoyment of the aesthetic qualities of that resource. · Project components that. will result in the elimination or significant screening of scenic views known to be important to the area. · Other impacts: IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12. Will Proposed Action impact any site or structure of historic, pre- historic or paleontological importance? [:]NO I-lyES Examples that would apply to column 2 · Proposed Action occurring wholly or partially within or substantially contiguous to any facility or site listed on the State or National Register of historic places. · Any impact to an archaeological site or fossil bed located within tile project site. · Proposed Action will occur in an area designated as sensitive for archaeological sites on the NYS Site Inventory. · Other impacts: IMPACT ON OPEN SPACE AND RECREATION 13. Will Proposed Action affect the quantity or quality of existing or future open spaces or recreational opportunities~ Examples that would apply to column 2 I-INO I"IyES L , The permanent foreclosure of a future recreational opportunity. · A major reduction of an open space important to the community. · Other impacts: __ 9 ~1.. 2 3 Small"t'o Potential.' Can Impact Be Moderate Large Mitigated By Impact Impact Project Change [] [] I-lYes ['"]No [] [] i--lyes [-'J No [] [] I-'~Yes [] [] []Yes I-1No [] [] []Yes []No [] [] []Yes r-INo [] [] E3Yes []No [] [] []Yes I--INo [] [] []Yes []No [] [] []Yes []No F-I [] []Yes I--INo El 1-1 []Yes' I--INo [] [] []Yes I--INo [] [] []Yes I-1No [] I--I []Yes []No IMPACT ON 'TI~SPORTATION 14. Will there be an effect to existing transportation systems? 'Examples that would apply to column 2 E]NO []YES · AIteratio~ of Present patterns of movement of people and/or goods. · Proposed Action will result in major traffic problems· · Other impacts: ~ · IMPACT ON ENERGY 15. Will proposed action affect the COmmunity's Sources of fuel or energy Supply? Examples that would apply to column 2 tNB []YES · Proposed Action will cause a greater than 5% increase in the use of any form of energy in the municipality. · Proposed Action will require the creation or extension of an energy transmission or supply system to serve more than 50 si~lgle or two family residences or to serve a major COmmercial or industrial use. · Other impacts: NOISE AND ODOR IMPACTS 16. Will there be objectionable odors, noise, or vibration as a result "of the Proposed Action? Examples that would apply to column 2 [~NO OYES · Blasting within 1,500 feet of a hospital, school or Other sensitive facility. · Odors will occur routinely (more than one hour per day). · Proposed Action will produce operating noise exceeding the local ambient noise levels for noise outside of structures. · Proposed Action will remove natural barriers that would act as a noise screen. · Other impacts:. IMPACT ON PUBLIC HEALTH 7. Will Proposed Action affect publi.c health and safety? ONe C3YE$ Examples that would apply to column 2 Proposed Action may cause a risk of explosion or release of hazardous substances ( .e. oil, pesticides, chemicals, radiation, etc.} in the event of accident o'~' upset conditions or there may be a chronic Iow level discharge or emission. Proposed Action may result in the burial of "hazardous wastes" in any form (i.e. toxic, poisonous, highly reactive, radioactive, irritating, infectious, etc.) Storage facilities for one million or more gallons of Jiquified natural ~as or other flammable liquids. Proposed action may result in the excavation or other disturbance ;vithin 2.000 feet of a site used for the disposal of solid or hazardous Other impacts: ~ . 10 Small to Moderate Impact [] [] 0 0 2 Potential Large Impact [] [] [] [] [] [] [] Impact B& Mitigated By Project Change' [~Yes []No []Yet []No []Yes •No OYes L"-INo []Yes []No '[]Yes /-~No [] Yes [] No []Yes []No [~]Yes []No []Yes i"~No []Yes []No [] Yes [-/No [] [] []Yes 0 [] []Yes [~No [] 0 OYes [~No IMPACT. ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD 18. Will proposed action affect the character of the existing community? [:]NO L-lyES £xamples that would apply to column 2 · The permanent population of the city, town or village in which the project is located is likely to grow by more than 5%. · The. municipal budget for capital expenditures or operating services will increase by more than 5% per ,/ear as a result of this proiecL · Proposed action will conflict with officially adopted plaris or goals. · Proposed action will cause a change in the density of land use. · Proposed Action will reptace or eliminate existing facilities, structures or areas of historic importance to the community. · Development will create a demand for additional community services (e.g. schools, police and fire. etc.) · Proposed Action will set an important precedent for future projects. · Proposed Action will create or eliminate employment. · Other impacts: Wl 2 3 Small'to Potential,, Can Impact Be Moderate Large Mitigated By Impact Impact Project Change [] [] [~]Ye~ [-~No' [] [] i--lyes []No I'-I [] []Yes i-'INo [] [] []Yes []No [] [] []Yes [-"J N o [] [] []Yes ' []No [] [] L-lYes I-~No [] · [] []Yes []No [] [] []Yes []No 19 Is there, or is there likely to be, public controversy related to potential adverse environmental impacts? 'f-INO [:]YES If Any Action in Part 2 Is Identified as a Potential Large Impact or If You Cannot Det'ermine the iVlagnitude of Impact, Proceed to Part 3 Part 3--EVALUATION OF THE I[VIPORTANCE OF IMPACTS Responsibility of Lead Agency Part 3 must be prepared if one or more impact(s) is considered to be polentially large, even if tile impact(s) may be mitigated. Inslructlons Discuss the followin~ for each impect identified in Column 2 of Part 2.: 1. Briefly describe the impact. 2. Describe (if app~icab~e) h~w the impact c~u~d be mitigated ~r reduced t~ a sma~ t~ m~derate impact bY pr~ject change(s)~ 3. Based on the information available, decide if it is reasonable to conclude that this impact is important. To answer the question of importance, consider: · The probability of the impact occurring · The duration of the impact · Its irreversibility, including permanently 10st resources of vaJue · Whether the impact can or will he controlh:d · The regi.onal consequence of the impact · Its potential divergence from local needs and goals · Whether known object~ons to the proiect relate to this impact. (Continue on attachments) 11 617.21 Appendix B ... State Environmental Quality Rev'Jew Visual EAF Addendum SEQR .L This form may be used to provide additional information relating to Question l 1 of Part 2 of the Full EAF. (~o be completed by Lead Agency) Distance Between Visibility !. Would the project be visible from: · A parcel of land which is dedicated to and available to the public for the use, enjoyment and appreciation of natural or man-made scenic qualities? · An overlook or parcel of land dedicated to public observation, enjoyment and appreciation of hatural or man-made scenic qualities? · A site or structure listed on the National or State [] [] [] [~ Registers of Historic Places? · State Parks? [] [~ [] [] · The State Forest Preserve? [] [] ri_ [] · National Wildlife Refuges and state game refuges? [] [] [] [] · National Naturai Landmarks and other outstanding [] [] [] [] natural features? · National Park Service lands? [] [] [] [] · Rivers designated as National or State Wild, Scenic [] [] '[] [] or Recreational? · Any tra. nsportation ~:orridor of high exposure, such [] [] [] [] as part of the Interstate System, or Amtrak? · A governmentally established or designated interstate [] [] [] [] or inter-county foot trail, or one formally proposed for establishment or designation? · A site, area, lake, reservoir or highway designated as [] [] [] [] scenic? · Municipal park, or designated open space? [] [] [] [] · County road? [] [] [] [] · State? [] [] · [] [] · Local road? [] [] [-I [] Project and Resource (in Miles) O-V4 1/4- V2 V2-3 3-5 5+ [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] 2. Is the visibility of the project seasonal? (i.e., screen'ed by summer foliage, but visible during other .seasons) OYes ON• 3. Are any of the resources checked in question I used by the public during the time of year during which the project will be visible? []Yes []No hich gen~ally describe tke surrounding Within *1/4 mile * ! mile Essentially undeveloped [] [] Forested [] [] Agricultural [] [] Suburban residential [] [] Industrial [] [] Commercial [] [] Urban [] [] River, Lake, Pond [] [] Cliffs, Overlooks [] [] Designated Open Space [] [] Flat [] [] Hilly [] [] h~ountainous . [] [] Other HOTE: add attachments as needed ~" [] [] 5. Are there visually similar projects within: '1/2 mile J'-IYes []Ho *l miles []Yes E-]Ho '2 miles [-]Yes []Ho '3 miles .I-lYes []Ho * Distance from project site are provided for assistance. Substitute other distances as appropriate. EXPosuRE 6. The annual number 6f viewers likely to observe the proposed project is HOTE: When user data is unavailable or unknown, use best estimate. COHTEXT 7. The situation or activity in which the viewers are engaged while viewing the proposed action !s Activity Travel to and from work Involved'in recreational activities Routine travel by residents At a residence At worksite Other FREQUENCY Holidays/ Daily Weekly Weekends Seasonally [] [] [] [] [] [] 'IS] [] [] [] [] [] [] [] [] [] [] [] [] [] QUESTIONNAIRE FOR FILING WITH YOUR 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.) B. Is the subject premises listed on the real estate market for sale' or being shown to prospective buyers? { } Yes C. Are there =nx pkumosals tm u~ange~r alter land cuntc%=~? { } Yes { X} No 1. Are there any areas which contain wetland grasses? NO 2. Are the wetland areas shown on the map submitted with this application? NO 3. Is the property bulkheaded between the wetlands area and the upland building area? NO (PERMIT APPLIED FOR) 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? N/A E. Is there a depression or sloping elevation near the area of proposedconstruction at or below five feet above mean sea level? N/A (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fen=as which e~ ~t and are not ~hown un the survey map that you ara submitting? NONE If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? YES If yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state. # 20034 H. Do you or any co-owner also own other land close to this parcel? NQ If yes, please explain where or submit copies of deeds. parcel RESIDENTIAL and proposed use RESIDENTIAL Please list present use or operations conducted at this 3/87, 10/907~ § 97-13 WETLANDS § 97-13 TOWN -- The Town of South~kh TRUSTEES -- The Bosrd of Trustees of the Town of Sou:hold. [Added ~54/4 by L.L. No. 6-1984] ~v E fLANDS [Amended 8-26-76 by L L No. 2-1976; 3-26- 85 byJ,.T. No. 6-1985]: -f~,~' '-' ~' · '? ,~T ti'DAn WETLANDS: (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 depth of five (5) feet. including but not limited to banks. bogs. salt marsh, swamps, meadows, fiats or other low lying lands subject to tidal action; (2) Ail banks, bogs, meadows, fiats and tidal marsh subject to such fides and upon which grows or may grow some or any of the followin~., salt hay, black grass, saltworts, sea lavender, tall cordgrass, high bush. cattails, groundseL marshm=l!ow and (3) Ail lz~d immediately =djacent to a tidal w~tland as defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. FRESHWATER WETLANDS: (1) "Fresh~vater~etlands. "as defined' in Article 24. Ti- tle 1. § 24-0107, Subdivisions l(a) to l(d) inclusive. of the Environmental Conservation Law of the State of New York: and (2) All land immediately adjacent to a "freshwater wet- land." as defined in Subsection B(1) and lying with- in seventy-five (75) feet landward of the most land- ward edge of a "freshwater wetland." 9705 z-=s.ss _/ , RES. ~ ~ND ~. TOTAL DATE RE~A~S AGE BUILDING CONDITION N~ NORMAL BELOW ABOVE FARM Acre Value Per Value Acre Tillable 1 Tillable 2 Tilloble 3 Woodland Swampland FRONTAGE ON WATER Brushland FRONTAGE ON ROAD House P~ BULKH~D Total ~ I DOCK _ M. Bldg. Extension Extension Extension COLOR -TRIM Foundation Bath Porch Porch Breezeway Patio O.B. Total Basement Type Roof Floors Ext. Walls Interior Finish Fire Place ! Heat Rooms Ist Floor Dinette LR. DR. BR. Recreation Roorr Rooms 2nd Floo, FIN. B. Dormer Driveway FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. Examined ...........~..! ...~...., 19...~....~. Approved ........................................ , 19 ........ Permit No ................................ Disapproved a/c .......................................................... ................................. ................................. APPLICATION FOR BUILDING PERMIT INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted in duplicate to the Building Inspector. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a deta!!ed description of layout of property must be drawn on the diagram which is part of this application. 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 issue a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the progress of the work. · e. No building shall be occupied or used in whole or in pa rt 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 and regulations. 'g app 'co t, or naMe, if a corporation) (Address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. ...... ............................................................................................................................................................. : ..... Name of owner of premises ...~...~. ,/Zt........~.'......D(...4..~....~..~./(..~. .................................................................................................... If applicant is a corporate, signature of duly authorized officer. (Name and title of corporate officer) Location of land on which proposed work will be done. Map No: ............................................ Lot No: .................... Municipality State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occu anc .~.. .~, 3. Nature of work (check which applicable): New Building .................. Addition . ...~... .......... Alteration .................. Repair .................... Removal .................... Demolition .................... Other Work (Describe) 4. Estimated Cost ~o :Z Fee (to be paid on filing this application) 5. If dwelling, number of dwelling units .............................. Number of dwelling units on each floor ............................ If garage, number of cars .~..~.~.....~.4...~......A..~...TZ./9. f~../~..0. ...... .~.~..~.../?~..~..7~'.. ............................................................ 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 ..~.C)..~. ................ Depth ..~..~/. ...................... Height /~ f Number of Stories Dimensions of same structure with alterations or additions: Front ...'~...~....~. ..................Rear ..~..~...'. ...................... Depth .~..°..~. ................... Height ..(/P. .......................... Number of Stories ...~...~...~. ............................ 8. Dimensions of entire new construction: Front..../...~. ...................... Rear .../..~. ..................... Depth ..~..~ ...................... Height .~...~..~ .................... Number of Stories...~...~....~. ...................... 9. Size of lot: Front ...¢~........~...~..o..~. ...... Rear~....~..?...o.j ....... Depth ...,~'./R.~ ............................. 10. Date of Purchase .../..~.....~....Z:.. ....................................... Name of Former Owner ..~/...~...~......~?...~..~..?...~.......~.~.~..~ .......... 1 1. Zone or use district in which premises are situated ................................................................................................. 12. Does proposed construction violate any zoning law, ordinance or regulation? AO,~ & /,./4,v,9~/4¢.. --,, i,s-'.s-4x~ ~',,~,v z~x,~-,~/ 4~u~.-- PhoneNo~-/ ~'-¥'~1 ]3. Name of Owner of premises ........... ; ............ /.. ............. ~,aaress ....................................... ..~ ...................... ...................................................... Address ............................................ Phone No ..................... Name of Architect Name of Contractor ....u~.....~...~...~....O..~..~..~.....~../~ ................. Address ....~...~..?/...'~......~ ....................... Phone No ..................... PLOT DIAGRAM ' Locate clearly and ,distinctly all buildings, whether existing or proposed, and indicate all set-back dimensions from propgrty lines. Give street and block numbers or description according to deed, and show street names and indicate whether interior or corner lot. STATE OF NEV~Y/gRI~,~ ) c c .... ~ ................................. :17.;. ............................................... being duly deposes and says thor he the applicont (Name of individual signing opplication) above named. He is the ...... ; ........ .......................................................................................................................................... (Contractor, agent, corporate officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all stat~ ~Ded in this application are true to the best of his knowledge and belief; ~ ~ er set fo~h ~n the apphcahon hied therewith ~d that the work will ~e~)~ ..... · to before me this ~m' ' · ~ ~ ~/ ~-, ' · ~day of~......~/....-..~ ........... ,~19.R ..... ~ ~(~ ~ ~ ~%?~~~ountyt~ (Signature of.app~- _ Project Name_ ~/QKj, n~ SCTM 81000- The southold Town Trustee office has determined that your application for a~astal eroslon~we~£an_~permlt is l-~un-j~iJdic%icna~ncomDlet~ please consider the following information in this regard for any required return submission: T~z's~e ' R~present~tive cc:/Building Dept. ~Zoning Board of Appeals ~dvisory Council This notice makes no claim with respect to other jurisdictions within or outside the Town of Southold with respect to permits, permission required. 4/92 PEcoNic ASSOCIATES, INc. Environmental Planners & Consultants One Bootleg Alley P.O. Box 672 Greenport, New York.11944 (516) 477-0030 Fax (516) 477-0198 February 3, 1993 Board of Town Trustees Town of Southold Southold Town Hall 53095 Main Road/P. O. Box 1179 Southold, NY 11971 SUBJECT: Varujan Arslanyan - 54455 Middle Road (County Road 48), Southold Dear Board Members: Attached are Coastal Erosion Management permit documents for the construction of a bluff protection type bulkhead and a reduced size deck from that which was originally approved. Sincerel~ PECONIC ASSOCIATES, INC. cc: Mr. Varujan Arslanyan File President TRUSTEES John M. Bredemeyer, HI, President Henry P. Smith, Vice President Albert J. Kmpski, Jr. John L. Bednoski, Jr. John B. Tuthill Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SUPERVISOR SCOTT L. HARRIS Town Hill 53095 Main Road P.O. Box 1179 Southold, New York 11971 COASTAL EROSION MANAGEMENT PERMIT APPLICATION TOWN WETLANDS PERMIT APPLICATION TRUSTEE LANDS PERMIT APPLICATION W Office Use Only: oastal Erosion Permit Application Wetland Permit Application ~Trustee Lands Permit Application crandfather ompleted Apps. Date: ~yariance Required, ~ Neighbors notified D~te: · Insp. comp./date: SEQRA Determin./date: --Public Hearing/date: Findings: Permit Vote: (Y/N): Special Conditions: (also see file) Date Rec. by Office Application Fee: Application Number; Project Name (If any) Arslanyan Date Prepared: feb. 3, 1993 Applicant: Peconic Assoc., /nc. S'CTM ~1000- 052-1-8 bulkhead & deck Address: One Bootleg Alley, P.O. Box 672, Greenp0rt, N.Y. Phone (516) 4//-0030 11944 Interest: (owner, consultant,lessee,etc.) c0nsuItant Owner of Property: Varujan Arslanyan Address 1055 River Rd., PH-11 Edgewater, N.J. 07020 Phone (ZU1)UU6-1557 Subject Property Location: 54455 Middle Rd., (County Rd.), Rte 48 Southold, N.Y. 119/1 approx. ~ mile East of Southold Town Beach (Provide LILCO Pole #, Distance to cross Streets if not on location map) THIS IS NOT A PERMIT County of Suffolk ) State of New York ) MFRIDN E. WIGGIN BEING DULY SWORN DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S) AND THAT ALL STATEMenTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(s) OR REPRESENTATIVE(s), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. SWORN TO BEFORE ME THIS SIGNATU Suggested space for location Map ~{IS IS NOT A PERMIT January 11, 1993 To Whom It May Concern: This letter authorizes PECONIC ASSOCIATES, INC. to act in our behalf in making applications to the various regulatory agencies and securing necessary permits for the property located at 54455 County Road 48, Southold, New York: OWNER - VARUJAN ARSLANYAN. 14-16-4 (?J87}--Text 12 PROJECT I.D. NUMBER 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT/SPONSOR I 2. PROJECT NAME Peconic Assoc., Inc. I Arslanyan - Bulkhead & Deck 3. PROJECT LOCATION: Municipality Southo]d county Suffolk SEQR 4. PRECISE LOCATION (Street address and road Intersections, prominent landmarks, etc., or provide map) 54455 Niddle Rd., (County Rd.) Rte. 48, $outho]d approx. //~ mile East of Southold Town Beach. 5. IS PROPOSED ACTION: [] New [] Expansion [] Modlflcationialterat Ion 6. DESCRIBE PROJECT BRJEFLY: construct approx. 95 ft. of bluff to existing bulkhead to the East. deck as per plan. Replace 3' wide December storm) protection type bulkhead to connect Construct 18' x 68' wide wooden stairs to beach.(washed away in 7. AMOUNT OF LAND AFFECTED: Initially 0 · 5 acres Ultimately 0 . 5 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? F~ Yes [] No If No, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? I~] Residential [] Industrial [] Commercial Describe: [] Agriculture [] ParldForest/Open space [] Other 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] No If yes, list agency(s) end permit/approvals _. Southo]d Town coastal .erosion ~ N.Y.S.D.E.C. -Article 15 11. OOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMfT OR APPROVAL? [] Yes Fx~ No If yes, list agency name and permit/approval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? []Yes [~No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE App~icant/sp~ PECONIC ASSOCIATES~ INC./MERLON E. WIGGIN, PRES. D,~e: JANUARY 29, I If the action Is In the Coastal Area, end you are a state agency, complete the I Coastal Assessment Form before proceeding wlth this assessment I 199.~ APPEAL OF: Varujan Arslanyan Amend. #4072 Meeting Date: June 22, 1993 Relief l~equested and Location: Construct open deck-spa addition with insufficient setback 54455 CR 48 from bank along L.I. Sound Greenport 52-1-8 Gerard Serge James Robert Richard Goehringer Doyen Dinizio Villa Wilton VOTE OF THE BOARD: Y( ) Y( ) N ( ) N ( ABSENT: ACTION: ( ) Approve as applied ( ) Deny as applied ( ) Deny without prejudice ( ( ) Recessed until ( )~ithdrawn Without Prejudice as (.U/~ Approve with the [2] [3] [4] [5] Y ( Y ( ) N ( N ( ) ( Subject ( Subject Subject [ (X) Prior NOTES: requested following Conditions: Y ( ) N ( ) to County Planning Referral to Planning Board approval to D.E.C. This Variance is temporary for a maximum perio, d of two years, EXCEPT: [ ] where the proposed subdivision has been finalized by all agencies and the parcels have been transferred by deed or other legal conveyance to reflect the subdivision lines accordingly. ] a building permit has been properly issued and construction commenced within this limited two-year period. application conditions apply. Area or p~imensional Variance: (_~)~ desirable or undesirable change created for the neighborhood (//)/ the benefit sought can or cannot be achieved by some other method feasible for the applicant ( /~)~ what percentage is the relief requested substantial (~./~' will the variance adversely impact on the physical or environmental conditions in this district (~ the difficulty is or is not self-created (which shall not necessarily ~ ~_~reclude the grant of the variance) ~ ]' the relief shall be the minimum necessary to afford relief and adequate to preserve and protect the .character, health, safety, welfare of the community. Use Variance requires proof of hardship by demonstrating: ) deprivation of all economic use or benefit from this property as established by financial evidence ) the hardship relating to the property is unique and does not apply to a substantial portion of the district the variance will not alter the essential character of the neighborhood the alleged hardship has not been self-created. the relief granted is the minimum necessary andis adequate to address the unnecessary hardship, and at the same time, preserve and protect the character of the area, and the health, safety, welfare of the com munity. Special Exception - special permit (allowed in zone district) must meet stand- ards established in zoning code at Section 100-263 (page 10160). 4/931k COUNTY OF SUFFOLK ROBIgRT I. GAFFNEY SOIL AND WATER CONSERVATION DISTRICT February 3, 1992 Mr. Gerard P. Goehringer, Ch~rman Town of Soufhold, Board of Appeals P.O. Box 1179 Southold, New York 11971 Dear Mr. Goehringer: As per the Board of Appeals request for our evaluation and comments regarding file #4072 - Varujan Arslanyan, please be advised that a site inspection was conducted on January 29, 1992. During the inspection it was noted that the dwell- ing being constructed is approximately 35-40 feet south of the existing top of the bluff. The bluff face is vegetated with beachgrass and annual weeds. Soil erosion along sections of the bluff toe was evident and sediment from the rear yard had been deposited on the upper beach, indicating that over-bank runoff was occuring. Proposed construction of an inground swimming pool and deck would threaten the stability of the bluff. The Northwest corner of the pool Would be approximately 5-6 feet away from the bluff top. This would add excessive weight along the bluff top and could cause slippage and erosion of the bluff face. The proposed terrace and deck will increase surface water runoff. Increased runoff water flowing on the bluff face will cause soil erosion and increase the bluff recession rate. I hope this information will be useful to the Board. If you require additional .......... tlon please feel free to contact this office. Sincerely, Senior District Technician Riverhead County Center I{{~(ml I,:-. 16 Ri'~rhead, New York 11901 - 3398 L r~ I: ::-:.: .' .-- BOARD OF APPEALS, TOWN OF c, OI. JTHOi. D In the Mailer m the Petition of VARIIJAN & I INDA ARglANYAN t~the Board of Appeal~ nf the Town nf ~nuthnld TO: DORPS L[EB 6993 QUZNCE LANE LAKE NORTH', FL 33460 NOTIC£ TO ADJACEIIT PROPERTy YOU ARE HEREBY GIVEN NOTICE: i. Tha~e intention of the undersigned to petition the Board ~f Appeals of ~he Town ot Southold totequesla~(Speciai Exception) (Special Permit) (Oche=l [c~=cLe cho£cel FRO~ ARTICLE XX[[[, SECT[ON 100-23g.4 (gET BA£K FROM -gOHND BIIIFF~ ). 2. That the property which is [he subject of the P,eti[ion is located adjacent to your property and is de,~ cribed as follows: SINGLE FAMILY RESIDENTIAL[, LOT AT ' 54455 cO~JNTY ROAD 48t $OUTHQLD, HEN YORK 3. That [he property which is the subject of such Petition is located in the followin.~ zoning district: RFRInFNTIAI ' [~_~} 4 That b~such Petition. the undersigned willrequestthe followingreJief: APPROVAL TO CONSTRUCT'. AN 18~ X 64~' DECK ON THE LONG ISLAND SOUNO SIDE OF THE RECENTLY CONSTRUCTED RESIDENCE (SEE ATTACHED PLAN). 5. Thai the provisions of the Southold Town Zoning Code applicable to the relief sought by ~he unOer- signed are A;'r-tcZe XlII Sec=.~c~ 100-239.4 [ ] Section 280-A, New York Town Law for approval of access ove~ righc(s)-of-way: 6. That wiLhin five days from ~he dale hereof, a written Petition requesDfl8 the relief specified above wdl be filed in lhe Soulhold Town ~erk's Office a[ Main Road, Souihold. New York and you may [~en and I~e examine Ihe same durin~ regular office hours. (5~6) 765-L809. 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 nolice of such hearing must be published at least five days prior to [he dale oi such hearing in the SuHolk Times and in the Long Island Traveler-Mattituck Watchman. newspapers pubiisheO in tho Town of Southold and designated for the publication of such notices; thai you or your repre~entauve have Ute right to appear a~d be heard a~ such hearing. · Dated: MAY 3~ 1993 P£CON l C AR~(:. l ATFR ]'NC Petitioner 0aners'Names:.VARUdAN & L[NDA ARSLANYAN Post Office Address ONE BOOTLEG ALL[y/P. 0. 80X 672 GREENPORT. Ny 11944 Tel. No. [516 ) 477-0030 [Copy.of sketch or plan sh0~ing proposal [o be attached for convenience purposes.] STATE OF NEW YORK COUNTY OF SUFFOLK , residing at , heJn~, duty sworn, deposes and says that on the day of , icj , deponent mailed a true copy of the Notice set forth on the 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 [he addresses of said persons as shown on the current ~ssessment roll of the Town of Soulhold; thai said Notices were mailed at the United States Post Of- fice at ,; that said Notices were mailed to each of ~id pe~sens by (cerlified) [regi~eredJ m?h Sworn to before me this day of ,19 . Notary Public {This side does not have to be property o~ners.) completed on form transmitted to adjoining STATE OF NEW YORK COUNTY OF SUFFOLK} , residin~ at , beinl duly sworn, deposes and says that on the ally of ,19 , deponent mailed a true copy of the Notice set forth on the verse s~cle hereof, directed ~o eac~ of the above-named persons at the ~ddresscs set opposite their r~peg~iv~ names: that the addresses set opposite the names of said persons are the addresse~ o[ said persons as shown on the current ~smtmen~ roll of ~he Town of Sou[hold; tha~ said No,ices were mailed a~ the United S[a~es Post rice a~ ; tha~ ~id No~ices were mailed ~o each of ~id p~t by (cer~ificdJ [re~i~cre~J mail. Sworn to before me this day of Notary public (This side does not have property owners.) to be completed on form transmitted to adjoining PR~C~F CtF MA I I~'J(';, ('*iF NCtTIC'F ,'~DDRES~ STATE OF NEW YOKK COUNTY OF SUFFOLK SS.: , residins at , being, duty sworn, deposes and says that on ti'se of ,19 , dcponenl matted a true copy of the Notice se[ forth on the verse side hereof, directed to eacl~ of the above-named persons at the addresses set opposi[e their rcspcciive ,. names; that the address~ set opposite the names of said persons arc thc address~ o( said persons as shown on thc curren[ ~se~smenc roll of the Town of Sou[hoid; rha; said No;ices were mailed a; the Uni;=d S[ares Post Of- flee at ; that ~id Nmices were mailed to e~ch of ~id p~ns by BOARD OF APPEALS, I'OWN OF c;OtJTHOI.D In the Matter ot the Petition of VARUJAN & LINDA ARSLANYAN t.n the Board of Appeals of the Tr, wn nf C;nuthnld TO: NIGOGOS ARAIAN MIRANDO JEWELRY 71 WEST 47TH STREET SUITE 403-404 I~'F-c~uY~I~ k/~EYR EB~I~EN NOTICE: NOTICE TO ADJACE21T PROPERTY OWNER DORIS LIEB 6993 QUINCE LANE LAKE WORTH, FL 33460 1. That ii is the intention of the undersigned to petition the Board nf Appeals of the Town of Southnld ~(Speciat Exception) (Special Permit) (Other) [ci£cie choice] Io request FROM ARTICLE XXIII, SECTION 100-239.4 (SET BACK FROM SOUND BLUFF) 2. That the property which is the subiect of the P,etition is located adiacent cribed as follows: SINGLE FAMILY RESIDENTIAL,' LOT AT ' 54455 COUNTY ROAD 48, SOUTHOLD~ NEW YORK to your property and is de~- 3. That the property which is the subject of such Petition is located in the following zoning district: RFF, T DFNT T Al 4 TI,atl}~such Pelition. the undersigned willrequestthefollowingretief: APPROVAL TO CONSTRUCT. AN 18' X 64' DECK ON THE LONG ISLAND SOUND SIDE OF THE RECENTLY CONSTRUCTED RESIDENCE (SEE ATTACHED PLAN). $. That the provisions of the $outhold Town Zoning Code applicable to the relief sought by the under- signed are A:l~.cle XIII Sec..ich 100-239.4 [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way~ 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the $outhold Town Clerk's Office at Main Road, $outhold. New York and you may then and there examine the same during regular office hours. (516) 765-].809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: MAY 3, 1993 P:ECONI£ Ag%nE TATFg TNP Petitioner Owners' Names: VARUJAN g LINDA ARSLANYAN Post Office Address ONE BOOTLEG ALLEY/P. O. BOX 672 GREENPORT, NY 11944 Tel. No. (516) 477-0030 [Copy.of sketch purposes.] or plan showing proposal to be attached for convenience PROOF OF MA I IblC, OF NOTI(-F ~.-:. ~ .... D ,"tAiL P 345 902 871 Receipt for Certified Mail No Insurance Coverage Provided (See Reverse) DORIS LIEB 6993 QUINCE LANE LAKE WORTH, FL 33460 P..~'345 902 870 ._Receipt for Certified Mail No Insurance Coverage Provided Do not use for International Mail (See Reverse) STATE OF NEW YORK COUNTY OF SUFFOLK MERLON E. WIGGIN , residing at ONE BOOTLEG ALLEY, 5REENPUNI, NY , bein~ duly sworn, deposes and says that on the 18TH day of MAY ,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 addresse~ of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at thc United S[ates Post Of- tics ar _GREENPORT, NEW YORK ~r tificd~ (registered} mail. Sworn to'~fore me this /C~ Notary Public that said Notices were mailed to each of said persons by (This side does not have to be completed on form transmitted to adjoining property owners.) .: /GL-AMD ,IiIi~ I I Z 3 4 I I I LIE~, PECONIC ASSOCIATES Inc. consultants One Bootleg Alley P.O. Box 672 Greenport, N.Y. !1944 516 - 477-0030 FEB I I"mq A.LI N ', 'DIA LO~ . IIII '"1 Al/PROUD AS NOTED NOTIF~ BL,U,~ gEPARTM~I~F AT 765-'i802 9 AM TO 4 PM~OR THE FOLLOWING INSPECTIONS: 1, FOUNDATION - 'I~NO REQUIRED FOR pO!JRED CONCRETE 2, ROUGH - FRAMING & PLUMBING CON6TFIUCTtON MUST 4 FINAl- - BE COMPLETE FOR C.O, ALL CONSTRUCTION SHALL MEET TNE REQUIREMENTS OF THE N,Y. STATE CONSTRUCTION & ENERGY CODES, NOT RESPONSIBLE FOR DESIGN OR CONSTRUCTION ERROR~S~_ A:$.SOC I ATE S I LONG 0 t 0 0 ':' ' OLbT O '" '"" "' APPROVED AS NOTED : . ' .... L...., , : , ,',', ~, ,-. a~a,~... , , . .... ~, ,' co.~u~o" ,:"'" ~ 5HALL ~ O~.THE,'N., ' ', , ~ ,, ,, ~ERO~ , ' ," ,,,>/ , ~ OA ~N~ON E~ROR~, ~ ' ,,'4 41, ' ' '~ ' *' ~ " " . , ~ L ~ I , '~ ~ ~ ~' . ~' ~ 4,, -~. ~ .... . . ,. ,. . ~ . ' ~ ~ll '1 I ; ~ ~ , ~ ~ ~.~} ~ ~ , , , , , / ~Jl , . , X , , x' / - . , ~ ' ' , ~ ............ ~ ~¢ , , ~ ~ I ............ ~4 , , ~.~ ~ ~. . ~;. .~ ~.. ..... ~. __ ~_ ~ .... ~. ~., . . . % ) .... ~ ............. , I ' . V V, 1 ~b I ,Ty y 'v¢ ' I ltl ac ,:, ., .. ~.~ . ~ ) ~ ~__~z~~ m~ ......... ~- ...... ~- o, . ~~ , , , -~ , ~ j , ~ - ~ , , ~'t~ ,~ ,,,, ~ ~, , ~, 4" ~ , ~ ~ ~ ~ J / ~ ~ ~T. ~~ _ ...... , ....... ~ ..... ~. i, ,, - _,,, y ;J /fiL ,'~ o~(~ ~ o~.,, , ,, ~ - , ,, ,, , ,, ,. . , , I~1 ~la kl~ ~, ,, , ,~ '~ ~'~ ~o .... ~ ' '"' : ' ' :~'¢,-a '. ~ .. , . . :t ~, .~. .,. .,..., : :,. .~. .... '.,.. . . ,.,. : , .., ,. . .:... . .. ..... .'.. ~, .,.*" ,, ,,., ¢,,,,.~,~..,~.~.~, . . , , , . ¢~¢~-,,'~, . , ,,. . ', , , , , .',, ,' ,."' ,, . . ..... ' '' '" ' ........ ........ '4,,:' I'I '*' ,:.. ~,1 ' ' ~ ~'l. I , ' ' '. '' ' ........... ' I ' f '~ '~ ''~'' '''~--', '' I . ~ ' ' '~''~-- I ::' '-- '~1 ' L ' IE ~--L ''~, '" I' ' . 'r I ' ' ' I ' ' ' ~'':'~ ',~*~ ~ ~ '':¢. I ' ' ' ': '''~. ''~' ~L ,, ~ '*~''~ I ~.~ ' * ~' i ....... . ~''' '. ..... I I "" ' '' ' ' I ' ' ~ ' ' ' ........ ' ''~"' I E; ' ., I L I'. ' I ' I ' I . E .... ' I ' ' '. . : ' '~I ' .El 'I I' I' I' I ¢*' I , % I 'E : ' I 'L 'I "1 I ' ' ' ' lIE' ' ' i~.~ I+I ....... ' ' , I' ' ' ' I ' ' ' ' ' ,iE' I : ' ' ' I I ' '' .' .I'I I I I ' I ~ ~ I III ' ' II' ' ' ' ' I .,~.'.,. ' '. I ' ~'.1,11 ' ~r, ~' , , ~, ' ,' : ' , , . -' ' ~' 'd ' ' ,, ' ' ' ,~,' ~ f, .... ~' ' ', , ' ' ' ~ ~ ~ ~' ' , ' " '~ .... ("?' ' ~ '" I · ,'~' ',..: ' " ~ , ~ ~ .... ~ , , ~ ~"P6.~ ~ : ~T' ~U, ~ / ' '~;';: ' _ = , =~ ~ -- i i,,,~ , iii ~' L (Please Use this Form Ior Filing your Local Law with the Secretary o! State) Text of law should be given as amended, Do Rot include matter being eliminated and do not use italics or underlining to indicate new mat(er. To~w~0! Southold ............................. Local Law No... 3 of the year 19 .~ ....... I In Relation to Zoning .......................... A local .aw ........................................................... (insert title) Be it enacted by the Town Board . ............ .............. .. . O! the (Name of Legislative Body) Town of Town of Southold as [ollows: 1. Chapter 100 of the Code of the Town of Southold (Zoning) is hereby amended as follows: 1. Section 100-31 (Use Regulations) is hereby amended to read as follows: "In an A-C, R-80, R-120, R-200 and R-400 District, no building or premises shall be used, and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following:" 2. Section 100-31.B(14) (Accessory Apartment) is hereby amended by adding a new paragraph (q) thereto, to read as follows: (q) No bed and breakfast facilities, as authorized by Section 100-31B(15) hereof, shall be permitted in or on premises for which an accessory apartment is authorized or exists. 3. .Section lO0r31B(15) (Bed and Breakfast Facilities) is hereby amended by adding a new paragraph (b) thereto, to read as follows: (b) No accessory apartment, as authorized by Section lqO-31B(14) hereof, shall be permitted in or on premises for which a bed and breakfast facility is authorized or exists. 4. Section 100-181 (Cluster Development) is hereby amended by adding a new paragraph O. ~hereto, to read as follows: Notwithstanding the foregoing, the Town Board may, in its discretion, accept an offer for dedication to the Town, of the open space and/or common lands created by use of the provisions of this Article. 5. Section 100-281.A (Building Permits) is hereby amended by adding a new paragraph (7) thereto, to read as follows: An application for a building permit for construction on a vacant lot, which is not on an approved subdivision map, shall be accompanied by a certified abstract of title issued by a title company-which shall show single and separate ownership of the entire lot prior to April 9, 1957. (1! additional space is needed, please attach sheets of the same size as this and number each) 6. Section 100-284.1(d) is hereby amended to read as follows: (d) Pre-existing dwellings: one hundred dollars ($100.00). 7. Article XXIII (Supplementary Regulations)is hereby amended by adding thereto a new Section 100-239d to read as follows: Section 100-239d_Building Setback from Water Bodies and Wetlands. Notwithstanding any other provisions of this chapter, the following setback requirements shall apply to all buildings located on lots adjacent to water bodies and wetlands: adjacent to Long Island Sound (1) Ail buildings located on lots adjacent to Long Island Sound, and upon which there exists a bluff or bank landward of the shore or beach, shall be set back not less than one hundred (100) feet from the top of such bluff or bank. (2) Except as otherwise provided in Subsection A(1) hereof, all buildings located on lots adjacent to Long Island Sound shall be set back not less than one hundred (100) feet from the ordinary high- water mark of Long Island Sound. Ail buildings located on lots upon which a bulkhead, concrete wall, riprap or similar structure exists and which is adjacent to tidal water bodies other than sounds shall be set back not less than seventy-five (75) feet from the bulkhead. The following exceptions will apply: (1) Buildings which are proposed landward of existing buildings. (2) Lands which are not bulkheaded and are subject to a determination by the Board of Town Trustees under Chapter 97 of the Code of the Town of Southold. (3) Docks, Wharves, pilings, boardwalks, stairs, promenades, walkways, piers, which are accessory and separate from existing buildings or accessory structures. Ail buildings located on lots adjacent to any freshwater body shall be set back not less than seventy-five (75) feet from the edge of such water body or not less than seventy-five (75) feet from the landward edge of the freshwater wetland, whichever is greater. II. This Local Law shall take effect upon its filing with the Secretary of State. (Complete the certification in the paragraph which applies to the filing of this local law and strike out the matter therein which is not applicabl.e..) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No .... 3. ....of 19.8..9. .... ~ $outhold Town Board ........... (Name of Legislative Body) of the Town of ..... was duly passed by the .................. on..~.a.r..c.h....1.~.'. ............ 19..8..9....' in accordance with the applicable provisions of law. 2. (Passage by local legislative body with approval or no disapproval by Elective Chief Executive Officer,* or repassage after disapproval.) ofthe on ............................. 19 ........and was approved repassed after disapproval I hereby certify that the local law annexed hereto, designated as local law No .......... of 19 ........ County City of ........... was duly passed by the .................... To ..................... nc'dy) .... wn (Name of Legislative Village not disapproved by the . Elective Chief Executive Officer' and was deemed duly adopted on .................................. 19 ......... in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No ......... of 19 ........ County . . City of .............. was duly passed by the ......................................... ot t~e Town ' ' (Name of Legislative Body) Village not disapproved on ............................. 19 ........ and was approved by the ............................ repassed after disapproval Elective Chief Executive Officer* on .................................. 19 .......... Such local law was submitted to the people by reason of a mand. at.ory referendum, and received the affirmative vote of a majority of the qualified electors voting permlsswe general thereon at the special election held on ............................. 19 ........ , in accordance with the applicable annual provisions of law. 4. (Subject to permissive referendum, and final adoption because no valid petition filed requesting referendum.) ! hereby-certify that the local law annexed hereto, designated as local law No ......... of 19 ........ County ofthe~'ty of ................ was duly passed by the ......................................... 10 wn (Name of Legislative Body) Village not disapproved on ............................. 19 ........ and was approved by the ............................ repassed after disapproval Elective Chief Executive Officer* on .................................. 19 .......... Such local law being subject to a permissive referendum and no valid petition requesting such referendum having been filed, said local law was deemed duly adopted on ............................. 19 ......... in accordance with the applicable provisions of law. *Elective Chief Executive Officer means or includes the chid executive officer of a county elected on a county-wide basis or, i! there be none, the chairman of the county legislative body, the mayor o! a city or village or the supervisor o! a town where such olficer is vested with power to approve or veto local laws or ordinances. (2) 5. (City local law concerning Charter revision proposed by petition.) I h~reby certify that thc local law annexed hereto, designated as local law No ......... of 19 ........ of the City of ................................. having been submitted to referendum pursuant to the provisions of~ of thc Municipal Home Rule Law, and having received the affirmative vote of a special, majority of the qualified electors of such city voting thereon at the general election held on ............ ............ 19 ......... became operative. 6. (County local law concerning adoption o! Charter.) I hereby certify that the local law annexed hereto, designated as local law No ......... of 19 ......... of the County of ...................... State of New York, having been submitted to the Electors at the General Election of November ............. 19 ...... , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and of a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certifica- tion.) ! further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph ..... k ...... above. Date: March 16, 1989 ~'l~er k ~'f th~County l~8islative body, CiI~, Tow~'~)~illage Clerk or officer designated by local legislativ/'body Judith T. Terry, Town Clerk (Seal) (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized Attorney of locality.) STATE OF NEW YORK COUNTY OF ..,.S.u.f..f.o..~.k. ................... !, the undersigned, hereby certify that thc foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactn)ent of the local law annexed hereto. ' Signature Robert H. Berntsson, Assistant Town Attorney Title Date: March 16, 1989 ~l~x Town Southold O) APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. UPDATE FOR THE FILES April 24, 1985 - Local Law #4 - 1985 "WETLAND SETBACKS" went into effect. January 10, 1989- Local Law #1 - 1989 "MASTER PLAN UPDATE" was adopted. Update did not include 100-119.2 (and many other changes made by the Town between 1986 and 1989). February 2, 1989 - Letter from Town Attorney to all departments confirming to start proceeding under new Master Plan (Zoning) Update regulations. February 3, 1989 - ZBA confirmed by letters to pending applicants that it had. no jurisdiction under the new Master Plan Updates for 100-119.2 or similar regulation. 2/3/89 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTt L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Z.B.A. RESOLUTION ADOPTED AT REGULAR MEETING OF APRIL 30, 1991: On motion by Chairman Goehringer, seconded by Member Grigonis, it was . RESOLVED, to adopt the following amended Rules of Conduct and Procedure of the Southold Town Board of Appeals (amended since ZBA Resolution of April 25, 1957): I. GENERAL RULE AS TO THE TIME WITHIN WHICH APPEALS TO THIS BOARD MAY BE TAKEN, pursuant to New York Town Law, Section 267: A. In the event the applicant is not the landowner, that person or party must, before the application is deemed complete and further processed, submit written proof that he or she is either: (1) an aggrieved person or party, or (2) is an officer, department, board, agency, or bureau of the town, or (3) authorized by the landowner(s) to make the application, or (4) a contract vendee of the land in question. B.. In cases of appeals, variances, notices of appeals, and/or interpretations, a written order, requirement, decision, or determination of an official charged with the enforcement of the zoning regulations must be filed, together with all of the papers which constitute the record upon which the action appealed from was taken. C. In the event that a written order, requirement, decision, or determination, noted in paragraph B, supra, is affected by an amendment to the application for a building permit or other application under the zoning regulations, then then notification must be filed with the Office of the Board of Appeals that the Notice of Disapproval is being withdrawn or otherwise acted upon, by the official or department charged with the enforcement of the zoning regulations, BEFORE ISSUANCE OF A BUILDING PERMIT OR OTHER DETERMINATION, WHICH MUST ALSO INCLUDE THE REASONS THEREFORE. D. Variances, appeals, and/or interpretations, must be accepted or filed with the Office of the Board of Appeals within the earliest of the following prescribed periods of time: (1) Within sixty (60) days of the "commencement of construction of the foundation, basement, or other lowest structural support; "commencement" shall not, however, be deemed to mean clearing and/or excavation of the land or property; AND/OR (2) Within 45 days of the issuance by the building inspector, in writing, of the approved and acceptable foundation construction, after his actual on-site inspection; AND/OR (3) Not later than 15 days after submission of the "actual foundation construction survey" {commonly referred to as second foundation survey) and issuance by the building inspector, in writing after an on-site inspection by the building inspector, that same has been approved and passed by the building inspector which may allow for the next stage of construction, AND (4) Prior to the expiration of the building permit; OR (5) No time limit for appeals shall be given where construction has been commenced without a valid building permit; OR (6) At any time where an Order of Violation, revocation or noncompliance has been issued pursuant to Section 100-282 or 100-283; OR (7) For projects necessitating review by the Board of Appeals under Section 100-286 where there is noncompliance or violations in existence, and the Board of Appeals determines that a furthe~ administrative hearing is necessary to reopen the case under which a Board of Appeals decision has been made, a hearing may be ordered, by resolution of this board, with proper notice as required by law. VOTE OF THE BOARD: AYES: MESSRS. GRIGONIS, DINIZIO, VILLA AND GOEHRINGER. (MEMBER DOYEN of Fishers Island was absent due to serious illness.) This resolution was duly adopted by a 4-0 vote. APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 February 4, ~993 Mr. Merlon Wiggin Peconic Associates, Inc. P.O. Box 672 Greenport, NY 11944 Re: Appl. No. 4072 - Varujan Arslanyan (Variance) Dear Mr. Wiggin: During early October 1992, you had stopped by our office and indicated that an amended application for a structure other than an inground pool would be forthcoming. Since we have not received the application as amended, we would like to confirm that the following documents are required in this anticipated amendment to the original project: 1) new and updated Notice of Disapproval from the Building Inspector; 2) new appeal application, signed and notarized; 3) new neighbor notices with new certified mail receipts and new affidavit of mailing; 4) seven (7) maps to scale, as amended; 5) proof of filing applications with the Southold Town Trustees under the Coastal Zone Management Act and Wetlands Act since this property is located in a restricted zone; 6) written consent from the property owner authorizing your firm to act in their behalf, and whether or not Anthony Tohill, P.C. will be representing the applicants in this application; and P~ge 2 - FebruarY, 1993 To: Mr. Merlon Wiggin Re: Appl. No. 4072 - Arslanyan Variance "~ 7) the filing fee for the amendment would not appear to be in excess of $150.00 {the $450.00 filing fee paid in December 1991 could be credited to the current fee requirement of $600.00}. This credit will be considered at the time your new .application is received and processed. We hope that this will help to assist you in the filing of the amended papers, and you should feel free to call if you have questions. Very truly yours, Linda Kowalski cc: Mr. and Mrs. Varujian Arslanyan Anthony B. Tohill, P.C. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Origonis, Jr. Serge Doyen, .Ir. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 117~ SouthoM, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 August 3, 1992 Anthony B. Tohill, P.C. P.O. Box 1330 12 First Street Riverhead, NY 11901 Re: Appl. No. 4072 - Varujan Arslanyan (Variance) Dear Mr. Tohill: This letter will confirm that the public hearing in the above matter has been adjourned pursuant to your request of July 28, 1992. When this matter is ready, please send us a written confirmation in order that we may re-schedule and re-advertise the Legal Notice for a second hearing, and proceed accordingly. Very truly yours, Linda Kowalski July 28, 1992 V~A FAX - 765-..1823 Chairman Gerard P. Goehrlnger and Memker~ of the Zoning Board of Api eal~ Town of Southold Town Hall 53095 Main Road P.O. Box 1179 Seal,hold, NY 11971 Re: Application of Varuj n a~d L-imd:~ Az-slanyan Deor Chairnan and Members of the Bo rd: Con[irming my secretary's Li. nda Kowalskl_ [hir~ mornimg, +.bis captic, l~ed matter whi~ch presently ap calendar for hea~ing ton~orrow eveml ~>:~ one month. As per ~y co~un~ recently retained by the applicant ~aonth adjournment ~n order that I hearing. ABT/bb phone con'~ersa[icn wi~h .tter is a request that the ~¢ar~ ~n th~ Z~ni~g Board's Ig be adjourned J{ possible · atfons w%th the town I was tnd would appreciate a one %y p~Operly pre,are for the V[~y truly yours, A~ th.?'~ B. Tohill ATTORNEYS %T I..AW t~ rll~ST 51 ~IVE~H~D~ ~w ¥O~K TO: AT FAX N~UM~F,R' FROM: NUMBER DATE: ATTACaMENTS: 765-1823 ANTHONY B. TOt{iLL, P.C, FAX NUMBER 515-721-5336 THiS PA( ~'' 1992 ~llcaticn of ,l,_,la van -Julv 29 Caleodar LETT~ ..... COMMENTS: THIS COMRUNICATION MAY CONTAIN AND/OR P~OTKCTED BY THE ATTOP/~EY-'. PRIVlL~GS, IT IS INTENDED ¥OE INDIVIDUAL(S) NA~MED ABOVE. IF OR THE EMPLOYES OR AGENT RESPONSI~ TO THI~ INT~:NDE9 I~ECIPIENT, YOU AR DISTRIBUTION OR COPYING OF TH~S D~ ~F YOU HAVE RECEIVED THIS COM~UNI: US IMI.iKDIATELY BY TELEPHONE AND R US AT THE ABOVE ADDRESS vIA O9~-~Ti,':)N WHICH IS ~ONFI[,ENT±A~ L, IENT OR OTHER APPL[CASTF EIPT AND USE SOLELY BY THE ARE ~OT THE INTENDED 9ECIDIENT, LE FOR D~IVERING THIS COMMUNiCATiON HEREBY NOTIFIED THAT ANY DISCL©~URE~ CIJ~ENT i$ STRICTL~ PROHIBITED. ATION iN ERROR, PLEASE NOTIFY TURN THE ORIGINAL DOCUMENT TO THE U S, pOSTAl, SERVICE. TiANK YOU He~y P. Smith, Vice President Albert I. Krupski, Jr. John L. Bednoski, Jr. John B. Tuthill Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 February 20, 1992 Robert H. Whelan, P.E. P.O. Box 590 Mattituck, NY 11952 RE: Varujan Arslanyan SCTM #1000-52-1-8 Dear Mr. Whelan: Confirming our conversation this evening, enclosed please find a Coastal Erosion Hazard Area and Wetland Permit Application. If the proposed structures and work are within 75' of O.H.W.M. a $150.00 wetland application fee must be submitted in addition to the $250.00 Coastal Erosion Variance application fee. A current licensed survey must accompany this application. The prospects of applying for a swimming pool in this location are so clouded that I would be remiss if I did not reiterate my offer to talk with the owner. As all the application fees are non-refundable, a veiy substantial application cost could be lost if the permits are denied. If you have any questions, please do not hesitate to contact this office. truly yours, John M. Bredemeyer, III President, Board of Trustees JMB:jmt cc: ZBAV/ Bldg. Dept. COUNTY OF SUFFOLK ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTtVE SOIL. AND WATER CONSERVATION DISTRICT February 3, 1992 Mr. Gerard P. Goehringer, Ch~rman Town of Southold, Board of Appeals P.O. Box 1179 Southold, New York 11971 L Dear Mr. Goehringer: As per the Board of Appeals request for our evaluation and comments regarding file #4072 - Varujan Arslanyan, please be advised that a site inspection was conducted on January 29, 1992. During the inspection it was noted that the dwell- ing being constructed is approximately 35-40 feet south of the existing top of the bluff. The bluff face is vegetated with beachgrass and annual weeds. Soil erosion along sections of the bluff toe was evident and sediment from the rear yard had been deposited on the upper beach, indicating that over-bank runoff was occuring. Proposed construction of an inground swimming pool and deck would threaten the stability of the bluff. The Northwest corner of the pool Would be approximately 5-6 feet away from the bluff top. This would add excessive weight along the bluff top and could cause slippage and erosion of the bluff face. The proposed terrace and deck will increase surface water runoff. Increased runoff water flowing on the bluff face will cause soil erosion and increase the bluff recession rate. I hope this information will be useful to the Board. If you require additional ........... ~on please feel free to contact this office. Sincerely, Senior District Technician Riverhead County Center Room E-. 16 Riverhead, New York 11901 - 3398 Board of Appeals Southold, Long Island, N. Y. ~02 Prospect Street Ridgewood, New Jersey 07450 December 12, 1991 Application for variance by Varija~ & Linda Arslanyan located at 54455 Coanty Rd. Southold, N.Y. Dear Board ~emberss My wife and I are co-owners of the ~djacent property to the west of the above mentioned property. We have owned the property for 20 years located at 54365 County Ro~d 485 county ma~ section 52S block #l; lot# 7. We strongly object to the proposed variance to illstall a Sw!mming pool, deck, and fence on the adjacent yard as shown on the proposed plan. The new house has already blocked the sun and view we had to the north east because of its height and very close proximity to our house. The following are reasons for our objectionss 1. The proposed pool and fence would block our view and restrict breezes of the Sound to our north. 2. It would decrease the value of our property by the extremely close proximity of the pool and fence. The proposed 5' side yard eet-b~ck i~stead of the required 15' by the zoning law would create a hardship for us concerning noise and lig~hts. We have 5 bedrooms 'that face the proposed pool. It could create m serious environmental hazzard due to the elosenes~ to the top of the bluff~ and possibly causing severe erosion of our bank. We therefor, as ¢onoel~led homeownerst ask you to deny the variance. Sincerely, G. Townsend Smyser December 18, 1991 Town of Southold Zoning Board of Appeals Town Clerk's Office Southold, N. Y. Attention: Mr. Robert H. Whelan Re: Request for Variance for Pool and Fence by Varustan & Linda Arslantan at 54455 CR #4E, Arshamomaque, N. Y. Section #052-Block 1-Lot 8 Gentlemen: The undersigned are co-owners of property known as: Block #1, Lot #7 - Map Section #52. We are located directly west of the above location and share a common property line. Any further encroachment to said property line would certainly decrease the valuation of our property. Further, our view to the northwest would be cut off by the fence. This would hold true of the breeze also. Already the height of the new house invades our privacy. Also, in the past, we have had to discuss late night noise and lights with this gentleman. I am sure a pool and deck would only cause these conditions to exist again. And, surely, there is no way in the world that not getting this variance could cause any hardship whatsoever. Therefore, we respectfully request that you disapprove the application. Very truly yours, Wilbur C. ~llcot Isabel J.~/A1 lcot Richard M. Sherman ]180 Pine Neck ~d. P.O. Box 1002 Southotd, New York 11971 Zoning Board of Appeals Town of $outho]d P.O. Box ]179 53095 Main Road $outhold, ~.Y. 1197] Dec 16, ]991 Gentlemen: It has come to our attention that ~!r Ars]anyan has applied to the Zoning Board of Appeals for a variance for property, thet adjoins ours, on Route 48 (Section 52-Block ]-Lot 7). We understand this variance is for the purpose of constructing a swimming pool and deck on his property between the house, under construction, and the Sound Bluff. ~e strenuously oppose the location of this pool on the grounds that there is not enough set back from our eastern property line, according to the plan presented to us. Further, we find the construction of the house is an encroachment on our property because the basement boundary is too close to our property line. We have opposed this since March 25, ].99] before the new building permit was issued. Letter was sent to Building Inspector and should be on file in his office. ~e felt that the house was too large for the lot. We don't understand how a building permit that has expired can be resurrected, under the old regulations, when new guidelines have been instituted during the per]od the original permit had expired. ~ ~cerely, ~ ~ Pichard and Doris Sherman APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCO37r L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 INTER-DEPARTMENTAL MEMORANDUM TO: FROM: DATE: RE: Southold Town Trustees Board of Appeals February 4, 1992 Local Coastal Zone Management Law and Wetlands Law Property Location: N/s Middle Road, Greenport Property ID #1000-52-1-8 Proposed Inground Pool, Deck and Fence near L.I. Sound bluff It is our understanding that Robert Whelan, Builder for Varujan and Linda Arslanyan, is in the process of filing an application requesting your reviews for permits and/or variances under Chapter 97 and 37 of the Town Code. For your file, we are enclosing a copy of a report prepared by the Suffolk County Soil & Water Conservation District Office concerning their recent evaluation of the bluff area of this parcel. The report indicates that the proposed construction would threaten the stability of the bluff, which is and has been eroding, and you know, the weight of the proposed pool and related activities along the bluff would be excessive and could cause slippage and erosion of the bluff face. It has been determined by the Board of Appeals that the variance application for the side yard setback(s) will continue to be held in abeyance until such time as you have received a complete application and opportunities to inspect, review and process the application the inground pool and related activites in the new construction (all seaward of the existing dwelling footprint). We have also forwarded a copy of the soil report to the builder for the applicant for his update and information. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 February 4, 1992 Mr. Robert Whelan P.O. Box 590 Mattituck, NY 11952 Re: Appl. No. 4072 - Varujan Arslanyan Dear Mr. Whelan: Transmitted herewith for your perusal and information is a copy of the recent evaluation report made by the Suffolk County Soil and Water Conservation District requested by our office. This report has been made a permanent part of your file, and a copy has been transmitted to the Town Trustees for their consideration once you have filed a complete application with their office. Yours very truly, Linda Kowalski Enclosure APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD January 17, 1992 SCOTr L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Suffolk County Soil & Water Conservation County Center Riverhead, NY 11901 ATTN: Stanley A. Pauzer Re: Our File # 4072-Varujan Arslanyan Insuff. setbacks-side yard & bluffs for construction of pool and deck Dear Mr. Pauzer: We have received an application for the proposed construction for an inground pool with deck areas and steps leading from the back of the house to the pool. The set backs proposed from the top of the bluff as shown on the plot plan appears to be less than seven feet. We enclose- a copy of the plot plan and County Tax Map for your reference. The area of the proposed deck and pool is also located in a coastal hazard area zone and requires permits from the Town Trustees as well. The public. hearing on this project is being held in abeyance pending receipt of the Town Trustees' determinations. We would like to request your evaluation and comments concerning this fragile bluff area. Should you need additional information, please call us at any time. Thank you for your time and assistance. LK:lam Encs. Very truly yours, t~/~inda Ko~alski~'~-~ Southold Town Board of Appeals WAIN ROAD- BTATE ROAD 25 SOUTHOLD, L.I., N.Y. 11g71 TELEPHONE (516)765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN JR. James Dinizio, Jr. Robert A. Villa January lO, 1992 Mr. Robert Whelan P.O. Box 590 Mattituck, NY 11952 Re: Application # 4072 - Varujan Arslanyan Variance for proposed inground pool, deck, and fence Dear Mr. Whelan: This letter will confirm that you are in the process of filing an application with the Southold Town Trustees for a permit and/or variances under Chapter 37 and 97 of the Code of the Town of Southold. Upon receipt of the action taken by the Trustees under both Chapters 97 and 37, we will be in a position to calendar the above matter for a public hearing. Please keep up informed of all developments. GPG:lam Gerard P. Goehringer, Chairman APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 TYPE II BOARD OF APPEALS TOWN OF SOUTHOLD ' ACTION DECLARATION December SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 16, 1991 Appeal No. 4072 Project/Applicants: County Tax Map No. Location of Project: LINDA AND VARUJAN ARSLANYAN 1000- 52-1-8 54455 County Road 48, Greenport Relief Requested/Jurisdiction Before This Board in this Project: Construct pool and deck with insufficient sideyard setback and insufficient setback from Sound bluff. 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 with the subject application indicating that no significant adverse environmental effects are likely to occur should the project be implemented as planned. Et is determined that this Board's area of jurisdiction concerning setback, area or lot-line variances determines this application to fall under the established list of Type II Actions. Pursuant to Section 617.2jj, this Department is excluded as an involved agency under SEQRA, and recommends that processing by made by the Town Trustees before a ZBA decision is made. This determination shall not, however, affect any other agency's interest as an involved agency under SEQRA 617.2j~, with ' referral of applicant to the Town Trustees under Ch. 37, Coas al Zone Law. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. NOTICE IS pursuant to Se~ion 26? of ~c Town and tho Cod~ of thc Town of be held fo~ pubb~ n~n ~OARD OF 3095 Main ~oad, Southold. JULY 29. 1992 common;ina at thc fo~owing ~:32 p.m. Appl- No. 4118 G~DYS L ~E. Vufiance to d~c~ Bay ~smtes ~t No. 31. 25), Cutcnog , . . . ~fl[ets; County Tax Map parcel or formerly of William J. Baxter and Others; County Tax Map Parcel ID 8:00 p.m. Appl. No. 4116 -- LINDA TAGGART. Th'st is an Ap- peal of the March 13, 1992 Notice of Disapproval issued by the Build-' ina Inspector under Article XIV, Section 100-142 and Article XXIII, Section 100-239.4B for approval or recognition of lot with a substandard size of I5,285 sq. ft., lot width (frontage) along thc Main Road 76.46 feet, and lot deplh 125,0 feet. At the time of transfer of title, the property was located in the B-15ght Business Zone. Today, Ih(: prope~xy is located in the Light Industrial (LI) Zone District. Location of Property: 68320 Main Road, Grcenport; Map of Peconic Bay Estates Lot Nos. 185 and 186; County Tax Map Parcel 1D No. 1000-53-2-2. 8:15 p.m.'Appl. No. 4117SE -- LINDA TAGGART. Request for a Special Exception under Article XIII. Section 100-13lB, as refer- enced from Article XIV. Section 100-14lB for permission to estab- lish retail gift shop in this Light Industrial (LI) Zone District. Loca- tion of Property: 68320 Main Road, Greenport; Map of Peconi¢ Bay Estates Lot Nos. 185 and 186; Coun- ty Tax map Parcel ID No. 1000-53- 2-2. 8:25 p.m. Appl. No. 4120 -- WILLIAM GOODALE AND MAT- TITUCK AUTO CENTER, INC. Variance to the Zoning Ordinance, Article XXI, Section 100-212B for relief from the front yard landscap- ing provisions of the zoning code. Location of Property: 7655 NYS Route 25 (Main Road). Laurel, near Mattituck, NY; County Tax Map Parcel No. 1000-122-06-30.1 (previ- ously 30). 8:30 p.m. Appl. No. 4119SE -- RICHARD GOODALE AND MAT- TITUCK AUTO CENTER, INC. {Tenant). Special Exception to the Zoning Ordinance Article X. Section 100-1011t(12) for a permit authoriz- ing: (a) a new car sales estab- lishment; (b) an establishment of an accessory use incidental to the pro- vehicles; (c) outside display of vehi- cles, (d) accessory office use inci- dental to the new principal use as a tion of Property: 7655 Main Road (NYS Route 25), Laurel, near Matti- tuck. NY: County Tax Map Parcel No. 1000-122-06-30.1 (prey. 30). 8:45 p.m. (Reconvened from June 30, 1992) Appl. No. 4091 -- EU- GENE M. LACOLLA. Variance to the Zoning Ordinance. Article III, Section 100-3lA and B, requesting permission to change us~ of a pot- tion of the subject premises, from residential to non-residemiM. Loca- tion of Propcay: Noah Side of Main Road (Slate Route 25), at Arshamo- moque near Greenport, (abutting properties of Ilollister's Restaurant Mill Creek Liquors. Thc Pottery Place. etc.); County Tax Map Parcel Nos. 1000-56-4-24 and 19. 9:00 p.m. Appl. No. 4072 -- Appl. No. 4072 -- VARUJAN AND LINDA ARSLANYAN. Appeal of thc Novelnbcr 26, 1991 Notice of, Disapproval of thc Building Inspec- tor for a Variance to the Zoning Or- dinancc, Article XXIII. Section 100- 239.4A and Article XXIV, Section 100-244B. or Article III, Section 100-32, for permission to construct swimming pool and deck addition with insufficient $idcyard(s) and with insufficient setback from sound bluff/bank along the ~ong Island Sound. Location of Property: 54455 (North Side) of County Road 48. Gmenport; County Tax Map Parcel No. 1000-52-1-8. The Board of Appeals will at the above time and place hear any and all persons or representatives desir- ing to be heard concerning these applications. Written comments may also be suNnitted prior to the con- clusinn of the subject hearing. Each hearing will not start before the time designated above. For more infor- mation, please call 765-1809. Dated: July 14, 1992. GERARD P. GOEHRINGER CI1AIRMAN By Linda Kowalski 7442- ITJv 1.6 3TATE OF NEW YORK) ) SS: COUNTY OF S0~'~'OLK) CC~(~ ~ Cc~-~ 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 successively, commencing on the {(/~dayof~_ 19 ~-~ Principal Clerk Sworn to before me this dayof ~ 1~ ~ Nota~' PubI~, Stale ol New York No. 49665~ Ouali~ed in .Suffo~ ¢oumy Comrnissio~ Expies May 14, NOTICE OF HEARING NOTICE IS HEREBY GIVEN, pursuant to Sectior~ 267 of the Town Law and thet Code of the Town of Southold, the following matters will be held for public hearings before the SOUTHOLD TOWN' BOARD OF APPEALS at the Southold Town Hall, 53095 Main Road, Southold, New. York 11971, on WEDNESDAY, JULY 29, 1992 commencing at, the fo[lowing times: 7:32 p.m. Appl. No. 4118 GLADYS J. MILNE. Variance- to the Zoning Ordinance, Arti- cle XXIV, Section 100-244B: and Article XXIII, Section~ 100-239.4B for permission to construct deck addition with in, sufficient side yard setback, in- sufficient setback from existing bulkhead, and with lot coverage at more than 20% of the code limitation. Location of Proper~ ty: 240 Knoll Circle, East Marion; County Tax Map District 1000, Section 37, Block 5, Lot 15; Gardiners Bay Estates Lot No. 31. 7:37 p.m. Appl. No. 4115 - STEPHEN AND ELLA SCHMIDT. Variance to the Zoning Ordinance, Article XXIV, Section 100-244B for permission to construct deck ad- dition with an insufficient rear yard setback at 340 Bay Haven/ Lane, Southold, "Map of Ba9 Haven" Lot No. 27; County Tax Map District 1000, Section 088, Block 04, Lot 24. 7:40 p.m. Appl. No. 4023 -- CELLULAR TELEPHONE CO. d/b/a METRO ONE. This is an Appeal of the March 14, 1991 Notice of Disapproval issued by the Building Inspector for an Interpretation under Ar- ticle XXIII, Section 100-230 concerning a proposed 104 ft. height of a monopole structure for radio transmission, and in the alternative, appellant re- quests a variance from the height restriction. Location of Property: (//415) Westerly side of Elijah's Lane and the Norther-,,~g ly Side of the Main Road (NYS Route 25}, Cutchogue, NY; also shown on Planning Board Subdivision-approved map of May 15, 1990; property now or formerly of Willam J. Baxter and Others; County Tax Map Parcel ID No. 1000-108-4 Dart of 11. No. 4022SE -- CELLULAR TELEPHONE CO. d/b/a METRO ONE. Re- quest for Special Exception ap- proval under Article VIII, Sec.- ! tion 100-8lB(I) and Article III, ! Section 100-31B(6) for an un- i manned telecommun cat ons I building in an existing concrete i block building and construction ~0 of a monopole radio tower with,' antenna for transmitting and receiving radio signals to provide cellular telephone serv ces. Location of Property: (//415) Westerly side of Elijah's Lane and the Northerly Side of the Main Road (NYS Route 25), Cutchogue, NY; also shown on Planning Board subdivision- appproved map of May 15, 1990; prop6rty now or formerly of William J. Baxter and Others; County Tax Map Parcel ID No. 1000-108-4-part of 11. 8:00 p.m. Appl. No. 4116 -- LINDA TAGGART. This is an ~ Appeal of the March 13, 1992 Notice of Disapproval issued by ! the Building Inspector under Article XIV, Section 100-142f and Article XXIII, Sectio~i 100-239.4B for approval or recognition of lot with a substandard size of 15,285 sq. ft., lot width (frontage) along the Main Road 76.46 feet, and lot depth 125.0 feet. At the time of transfer of title, the property was located in the B-Light Business Zone. Today, the pro- perty is located in the Light In- I dustrial (LI) Zone District.: Location of Property: 68320 '~ Main Road, Greenport; Map of i Peconic Bay Estates Lot Nos. 185 and 186; County Tax Map Parcel 1D No. 1000-53-2-2. 8:15 p.m. Appl. No. 4117SE -- LINDA TAGGART. Request for I a Special Exception under AD 0'~ ticle XIII, Section 100-13lB, as referenced from Article XIV, Section 100-14lB for permission to establish retail gift shop in this Light Industrial (LI) Zone District. Location of Property: 68320 Main Road, Greenport; Map of Peconic Bay Estates Lot Nos. 185 and 186; County Tax Map Parcel ID No. 1000-53-2-2. 8:25 p.m. Appl. No. 4120 -- WILLIAM GOODALE AND MATTITUCK AUTO CEN- TER, INC. Variance to the Zon- ing Ordinance, Article XXI, Section 100-212B for relief from the front yard landscaping pro- visions of the zoning code. Location of Property: 7655 NYS A0 Route 25 (Main Road), Laurel¢*' near Mattituck, NY; County Tax Map Parcel No. 1000- 122-06-30.1 (previously 30). 8:30 p.m. Appl. No. 4119SE -- RICHARD GOODALE AND MATTITUCK AUTO CENTER, INC. (Tenant). Special Exception to the Zoning Ordinance, Article X, Section 100-10lB(12) for a permit. authorizing: (a) a new car sales establishment; (b) an establish- ment of an accessory use in- cidental to the proposed new car sales establishment for the sale and/or lease of used vehicles; (c) outside display of vehicles, (d) accessory office use incidental to the new principal use as a new car sales establishment. Loca- ~ tion of Property: 7655 Main Road (NYS Route 25), Laurel, near Mattituck, NY: County Tax Map Parcel No. 1000- 122-06-30.1 (prev. 30). 8:45 p.m. (Reconvened from June 30, 1992) Appl. No. 4091 -- EUGENE M. LACOLLA. Variance to the Zoning Or- dinance, Article I11, Section 100-3lA and B, requesting per- mission to change use of a por- tion of the subject premises, from residential to non- residential. Location of Proper- ty: North side of Main Road', (State Route 25), at Ar: shamomoque near Greenport, (abutting properties of Hollister's Restaurant, Mill Creek Liquors, The Pottery/~ Place, etc.); County Tax Map Parcel Nos. 1000-56-4-24 and 19. 9:00 p.m. Appl. No. 4072 -- VARUJAN AND LINDA ARSLANYAN. Appeal of the November 26, 1991 Notice of Disapproval of the Building In- spector for a Variance to the Zoning Ordinance, Article' XXIII, Section 100-239.4A and Article XXIV, Section 100-244B, or Article III, Section 100-32, for permission to construct swimming pool and deck addi- tion with insufficient sideyard(s) and with insufficient setback from sound bluff/bank along the Long Island Sound. Loca- tion of Property: 54455 (North Side) of County Road Greenport; County Tax Map Parcel No. 1000-52-1-8. The Board of Appeals will at the above time and place hear any and all persons or represen- tatives desiring to be heard con- cerning these applications. Writ~ ten comments may also be sub- mitred prior to the conclusion of the subject hearing. Each hear- ing will not start before the times designated above. For l more information, please call i 765-1809. Dated: July 14, 1992. GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski. IX-7/16/92(6) COUNTY OF SUFFOLK¢ sI~s: STATE OF NEW YOP, K Patricia Wood,' being duly sworn, says that she is the E_di~or, o1' THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suf£olk County; and that the notice of which the annexed is n printed copy, I~as hec, n .pul)lished in said I_ong Island Travelur-Watchn~m once each week I'or. .................... ./ ..... weeks successively, commencing on file ......... .,~..~.' ~ S,.w);'n I~ I',ef(),'e n',e Ibis .. .................... clay of Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, St?re of New York No. 4806846 Qualilied in Sulfolk Cot)nty~ Commission Expires APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTt L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your recent application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the time allotted in the attached Legal Notice. Additional time will, of course, be available. A drafted or final written copy of your presentation, if lengthy, is always appreciated. Please feel free to call our office prior to the hearing date if you have any questions or wish to update your file. Yours very truly, Enclosure GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF HEARING SCO'IT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following matters will be held for public hearings before the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, New York 11971, on WEDNESDAY, JULY 29, following times: 53095 Main Road, Southold, 1992 commencing at the 7:32 p.m. Appl. No. 4118 - GLADYS J. MILNE. Variance to the Zoning Ordinance, Article XXIV, Section 100-244B, and Article XXIII, Section 100-239.4B for permission to construct deck addition with insufficient side yard setback, insufficient setback from existing bulkhead, and with lot coverage at more than 20% of the code limitation. Location of Property: 240 Knoll Circle, East Marion; County Tax Map District 1000, Section 37, Block 5, Lot 15; Gardiners Bay Estates Lot No. 31. 7:37 p.m. Appl. No. 4115 - STEPHEN AND ELLA SCH~IDT. Variance to the Zoning Ordinance, Article XXIV, Section 100-244B for permission to construct deck addition with an insufficient rear yard setback at 340 Bay Haven Lane, Southold, "Map of Bay Haven" Lot No. 27; County Tax Map District 1000, Section 088, Block 04, Lot 24. Page 2 - Legal Noti~ Hearings for July 29, 1992 Southold Town Board of Appeals 7:40 p.m. Appl. No. 4023 CELLULAR TELEPHONE CO. d/b/a METRO ONE. This is an Appeal of the March 14, 1991 Notice of Disapproval issued by the Building Inspector for an Interpretation under Article X~III, Section 100-230 concerning a proposed 104 ft. height of a monopole structure for radio transmission, and in the alternative, appellant requests a variance from the height restriction. Location of Property: (~415) Westerly side of Elijah's Lane and the Northerly Side of the Main Road (NYS Route 25), Cutchogue, NY; also shown on Planning Board subdivision-approved map of May 15, 1990; property now or formerly of William J. Baxter and Others; County Tax Map Parcel ID No. 1000-108-4-part of 11. 7:50 p.m. Appl. No. 4022SE - CELLULAR TELEPHONE CO. d/b/a METRO ONE. Request for Special Exception approval under Article VIII, Section 100-81B(1) and Article III, Section 100-31B(6) for an unmanned telecommunications building in an existing concrete block building and construction of a monopole radio tower with antenna for transmitting and receiving radio signals to provide cellular telephone services. Location of Property: (#415) Westerly side of Elijah's Lane and the Northerly Side of the Main Road (NYS Route 25), Cutchogue, NY; also shown on Planning Board subdivision-approved map of May 15, 1990; property now or formerly of William J. Baxter and Others; County Tax Map Parcel ID No. 1000-108-4-part of 11. 8:00 p.m. Appl. No. 4116 - LINDA TAGGART. This is an Appeal of the March 13, 1992 Notice of Disapproval issued by the Page 3 - Legal Not Hearings for July 29, 1992 Southold Town Board of Appeals Building Inspector under Article XIV, Section 100-142 and Article XXIII, Section 100-239.4B for approval or recognition of lot with a substandard size of 15,285 sq. ft., lot width (frontage) along the Main Road 76.46 feet, and lot depth 125.0 feet. At the time of transfer of title, the property was located in the B-Light Business Zone. Today, the property is located in the Light Industrial (LI) Zone District. Location of Property: 68320 Main Road, Greenport; Map of Peconic Bay Estates Lot Nos. 185 and 186; County Tax Map Parcel ID No. 1000-53-2-2. 8:15 p.m. Appl. No. 4117SE - LINDA TAGGART. Request for a Special Exception under Article XIII, Section 100-131B, as referenced from Article XIV, Section 100-14lB for permission to establish retail gift shop in this Light Industrial (LI) Zone 7 District. Location of Property: 68320 Main Road, Greenport; Map of Peconic Bay Estates Lot Nos. 185 and 186; County Tax Map Parcel ID No. 1000-53-2-2. 8:25 p.m. Appl. No. 4120 - WILLIAM GOODALE AND MATTITUCK AUTO CENTER, INC. Variance to the Zoning Ordinance, Article XXI, Section 100-212B for relief from the front yard landscaping provisions of the zoning code. Location of Property: 7655 NYS Route 25 (Main Road), Laurel, near Mattituck, NY; County Tax Map Parcel No. 1000-122-06-30.1 (previously 30). 8:30 p.m. Appl. No. 4119SE - RICHARD GOODALE AND MATTITUCK AUTO CENTER, INC. (Tenant). Special Exception to the Zoning Ordinance, Article X, Section 100-101B(12) for a permit Page 4 - Legal Not Hearings for July 29, 1992 Southold Town Board of Appeals authorizing: (a) a new car sales establishment; (b) an establishment of an accessory use incidental to the proposed new car sales establishment for the sale and/or lease of used vehicles; (c) outside display of vehicles, (d) accessory office use incidental to the new principal use as a new car sales establishment. Location of Property: 7655 Main Road (NYS Route 25), Laurel, near Mattituck, NY: County Tax Map Parcel No. 1000-122-06-30.1 (prev. 30). 8:45 p.m. (Reconvened from June 30, 1992) Appl. No. 4091- EUGENE M. LACOLLA. Variance to the Zoning Ordinance, Article III, Section 100-31A and B, requesting permission to change use of a portion of the subject premises, from residential to non-residential. Location of Property: Location of Property: North Side of Main Road (State Route 25), at Arshamomoque near Greenport, (abutting properties of Hollister's Restaurant, Mill Creek Liquors, The Pottery Place, etc.); County Tax Map Parcel Nos. 1000-56-4-24 and 19. 9:00 p.m. Appl. No. 4072 - Appl. No. 4072 -~ ~ ~._~.~.~pp al of the November 26, 1991 Notice of Disapproval of the Building Inspector for a Variance to the · Zoning Ordinance, Article XXIII, Section 100-239.4A and Article~ XXIV, Section 100-244B, or Article III, Section 100-32, for k~ permission to construct swimming pool and deck addition with insufficient sideyard(s) and with insufficient setback from sound bluff/bank along the Long Island Sound. Location of Property: 54455 (North Side) of County Road 48, Greenport; Page 5 - Legal Noti Hearings for July 29, 1992 Southold Town Board of Appeals ~ County Tax Map Parcel No. 1000-52-1-8.~ The Board of Appeals will at the above time and place hear any and all persons or representatives desiring to be heard concerning these applications. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated above. For more information, please call 765-1809. Dated: July 14, 1992. GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Mailing List of Legal Copies mailed 7/14/92: ce for July 29, 1992 §s: Mr. and Mrs. R. Milne P.O. Box 394 East Marion, N~i 11939-0394 Mr. and Mrs. Stephen Schmidt 450 Bay Haven Lane Southold, NY 11971 Allen M. Smith, Esq. (Re: 737 Roanoke Avenue P.O. Box 1240 Riverhead, NY 11901-1240 Mr. Merlon Wiggin, P.E. Peconic Associates, Inc. P.O. Box 672 Greenport, NY 11944 Cellular Telephone Co.) Moore a Moore, Esqs. P.O. Box 23 Mattituck, NY 11952 Mrs. Linda Taggart Box 249 Southold, NY 11971 (Re: Cellular Tel.) J. Kevin McLaughlin, P.O. Box 1210 1050 Youngs Avenue Southold, NY 11971 Esq. (Re: Goodale) Charles R. Cuddy, Esq. P.O. Box 1547 180 Old Country Road Riverhead, NY 11901-1547 (Re: LaColla) Mr. and Mrs. P.O. Box 144 Southold, NY F.M. Flynn 11971 (Re: LaColla) Mr. and Mrs. Varnjan Arslanyan Apt. PH-11 South Building 1055 River Road Edgewater, NJ 07020 Mr. G. Towu~send Smyser 302 Prospect Street Ridgewood, NJ 07450 (Re: Arslanyan) Mr. and Mrs. Richard Sherman P.O. Box 1002 Southold, NY 11971 (Re: Arslanyan) Mr. and Mrs. Wilbur C. 527 Paramus Road Paramus, NJ 07652 Allcot Mr. Robert H. Whelan, P.E. P.O. Box 590 Mattituck, NY 11952-0590 (Re: Arslanyan) JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATE: RE: Zoning Board of Appeals Office of the Town Clerk December 4, 1991 ZONING APPEAL APPLICATION NO. 4072 - VARULJAN & LINDA ARSLANYAN Transmitted herewith is ZONING APPEAL APPLICATION NO. 4072 - VARULJAN & LINDA ARSLANYAN together with an Appeal from the Decision of Building Inspector, pictures of construction, the Notice to Adjacent Property Owners, the Notice of Disapproval from the Building Department, the Questionnaire from the Zoning Board of Appeals, the Short Environmental Assessment Form, a copy of the Plot Plan, a copy of the property deed, a copy of the Title Insurance Policy. Judith T. Terry Town Clerk FORM NO, 3 TOWN OF SOUTIIOLD BUILDING DEPARTMENT TOV(N CLERK'S OFFICE SOUTtIOLD, N.Y. NOTICE OF DISAPPROVAL ...' .' .' .' .' .' .' .'~.... .. :. PLEASE TAKE NOTICE that your application dated ....~.~..~.. .... .~..~. .....19 .~ J.. for permit to q~,,~.., .~lr.~ "~ ~ ............. ;'\ .... ~¢' .............................. .,t LocationofProperty ~~~JOr~ C..~. ~ t/~ County Tax Map No. I000 Section .............. Block .............. Lot .............. Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds..C~.'.e~ ..'~..~.%~...~.. ~"' ................. ¥ ....... F~: "" '~'" '-'-~""~' '~ '~- ...o-:~x.....,.~ Building Inspector RV 1/80 FORM NO. 3 TO~,VN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL ...T~-~.. ~.*..~ ........... PLEASE TAKE NOTICE that your application dated....~~...~ ....... 19 a/.. for pe~it to ~ ~~..~.~~ .~ ~ ............ at Location of eroperty ~-¢~- ~. ~M ~g ~ ~ ~ ~ '" h3~; ~X .............. ~" .......... ~ ....... ~ ......... County Tax Map No. 1000 Section .... O.~ .... Block ..... ~.~ ..... Lot .. ~.~. ....... Subdivision ................. Filed Map No ................. is returned herewith and disapproved on the following grounds ~ ,.. ~.~. ~¢F. ~. ~.~. ~.. ~: ~.,..~~ . . .5.. _ ................. , ........ ,. .... ~..~:~..~ ..... ............ ~ .......... ,... .... ~ ........ ~,..~.. .. .... ~.~ ................. ...... '6 .... ~ '~ ........................................ 7 ......... .................................. Bu~ld~n~ Inspector ~' ' ' QUESTIONNAIRE FOR FILING WITH YOUR 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.) B. Is the subject premises listed on the real estate market for sale or being shown to prospective buyers? { } Yes { ~ } No. (If Yes, please attach copy of "conditions" of sale.) C. Are there any proposals to change or alter land contours? { } Yes {~} No 1. Are there any areas which contain wetland grasses? 2. Are the wetland areas shown on the map submitted with this application? ~//~ 3. Is the property bulkheaded between the wetlands area and the upland building area? 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? . ~/O (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fences which exist and are not shown on the survey map that you are submitting? ~/~/~ If none exist, please state "none." G. Do you have any construction taking place at this time / concerning your premises? y~ If yes, please submit a of your building permit and map as approved by the Building Department. If none, please state. H. Do you or any co-owner also own other land close to this parcel? /~ If yes, please explain where or submit copies of deeds. I. Please list present use or operati~0ns conducted at this parcel ~/z%~-/u~,~ ~/~F~ ~ ~W~) and proposed use ~.~.~/Z~ ~,z)d2~-' · ' d/~gn~ and Date~- 3/87, 10/901k ~ ~,E EN~HALE_POi-FS NOTARY PUBLIC OF NEW JERSEY MY COMMIS§IO~ EXPIRES AUG. 30, ]BAA § 97-13 WETLANDS § 97-13 TOWN -- The Town of Southold. TRUSTEES -- The Board of Trustees of the Town of Southold. [Added 6-5-84 by L.L. No. 6-1984] WETLANDS [Amended 8-26-76 by L.L. No. 2-1976; 3-26- 85 by L.L. No. 6-1985]: ~'~' ~ ~' · '~ ~iDAL WETLANDS: (1) All lands generally covered or intermittently coy- 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 depth of five (5) feet, including but not limited to banks. bogs. salt marsh, swamps, meadows, fiats or other ]ow lying lands subject to tidal action; (2) All banks, bogs, meadows, fiats and tidal marsh subject to such tides and upon which grows or may grow some or any of the following:, salt hay, black grass, saltworts, sea lavender, tell cordgrass, high bush, cattails, groundsel, marshmallow and low march cordgrass; and/or (3) Ail land immediately adjacent to a tidal wetland as defined in Subsection A(2) and lying within seven- fy-five (75) feet landward of the most landward edge of such a tidal wetland. B. FRESHWATER WETLANDS: (1) "Freshwater wetlands" as defined in Article 24. Ti- tle 1, § 24-0107, Subdivisions l(a) to l(d) inclusive, of the Environmental Conservation Law of the State of New York; and (2) All land immediately adjacent to a "freshwater wet- land," as defined in Subsection B(1) and lying with- in seventy-five (75) feet landward of the most land- ward edge of a "freshwater wetland." 9705 r. iPROJECT I.Do NUMBER 617.21% Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSI~IENT FORM SEQR For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be completed by Al3plicant or Project sponsor) 4. PRECISE EO~TION (Street add(ess and roa~ inte~sections,.~dmark$' et~ Or~~ ~ New ~ Expansion ~ Modi~lcatlonl~Nerauo~ 6.-DESCRIBE PROJECT BRIEFLY: ~ ~ AMOUNT OF LAND AFFECTED: ~ (nitially ~ acres Ultimately -- ~P ~'~ ~ acres WILL PROPOSED ACTION COMPLy WITH F.~ISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ~] Yes WHAT IS PRESENT LAND USE IN VIClNIT'f OF PROJECT? ~ Residential [~ Inaustriat Descnbe: DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR----ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAl., STATE OR LOCAL)? ~] Yes ~No If yes. list agencyis) and permiUapDrovals 10. DOES ANy ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ,=. AS A .ESULT OF PROFOSEO ACTION W'IL EXISTING FERMIT~APP.OVAL REOU~RE MODIFICATION? ( CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE OVER - ~ I (Continued on reverse side) The N.Y.S. Environmental Quality Review Act r of this form, and an enviro.nment ~.~ .,, , equlres submission ~NSTRUCTIONS: (a) In--order :o answer the questions in this short EAF it is assumed Chat the preparer will use currently available information concerning Che project and the likely impacts of Che action. It is not expected that additional studies, research or ocher investigations Will be undertaken. lb) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely chat the project is not Significant. (d) E~nvironmental Assessmene Will project result in a large physical change to the project site or physically alter more than 10 acres of land? 2. Will there be a major change to any unique or unusual land form on the site? 3. Will project alter or have a large effect on an existing body of water? 4. Will project have a potentially large, impact on groundwater quality? 5. Will project significantly effect drainage flow on adjacent sites? 6~ Will project affect any Chreatened or endangered· plant or animal species? ___Yes f ~o 7. Will project result in a major adverse effect on air quality? 8. Will project have a major effect on visual char- known to be important to Che community? .__.Yes ~No 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontologicu~ importance or any site designated as a critical 10.Will project have a m~jor effect on existing or" future recreational opportunities? 11.Will project result in major traffic problems or cause a major effect to existing transportation · systems? ' ___Yes ~No 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? ~Yes ~No 13. Will project have any impact on public health directly causing a growth in permanent popula- charact~ of the community or neighborhood? R-80 R-80 /-- ~ R-80 RR HD R-80 IOLD / / \ \ \ \ \ \ \ ~"'~ ToWN BAY o~ THE Til'I,E GUARAN'[EE COMPANY an,J PIONEER NAI"IONAL TITLE INSURANCE COMPANY THE 1tITLE GUARAN'I[EE COMPANY, a New Yolk Corl'~laoon, and PIONEER NATIONAL TITLE INSURANCE COMPANY, a Califolnia CoH'.-,tah-n, juintly and severally, together herein called "the Company," In consideration t,f thc payment of its charges for the examination of title and its premium for insuran, c, msmcs lite wlthiu named insuled against all It)ss or damage m~t excccding the amotllll of msmance staled herein and in addition lhe costs and exl,cns,'s of dcfellding the title, eqatc ol intcrcat insuIed, which thc insured shall Sustain by rca~on of any defect or defecb of title affecting the premises dcschhcd in Schedule A or affecting thc interest of thc in~med therein as herein set forth, or by reason of tmmarkcl0bility of the tille of thc insured to or hi lhe premises, or by icason of liclls or incumbr~mces affecting title at thc da~e hereof, or by ~ason of any statutory lien for labor or material furnished prior to the da~e hereof winch has now gained o[ which may hereafter gain priority over the interest m~mcd hereby, or by reason of a lack of access to and from tim premises, excepting all loss and damage by reason of the e~tatcs, intcregls, ddects, objeclions, licn~, incumblanccs and other matters set forlh in ~hedule B, or by the conditions of this policy hereby incorporated into this contract, the loss and thc amount Iubc ascertained in the manner provided in said conditions and to ~ payable uptm compl}ance by the insured ~ith the stipulationg of said conditions, and not othcm'ise, ~.~'.~,,~¢t'eO~. thc compamcs have ca,,s~-d ,hc,r o:,,po,ate names and seals lo bc hereunto affixed by thcil duly authorized office~s, PIONEER NATIONAL TITLE INSURANCE COMPANY ~ttcst .. :.~i~, ,.~ ..... .~c,~ ,.i,, u,i THE TITLE GUARANIEE COMPANY gaetion I DFHNI'I IONS a d i{ ah.dl have been I%MIv dc:,l:,, )c z.~jettioq of the ¢a~e may be, and thc~ to whelm the in,wed has axgigned thi~ [~licy (b) Wherever the term 'qbis company" is used Jn this policy it (c) Wherever Ihe term "li~ml dctcrmJuallon" or "ill,ally deter- mi~ed' ia ~d in thi$ ~l{cr, it mean* the ~nal determination of a tour of core. tent jurl,dlcfion after die.il{on of all ap~ala or after d~c time to apl~al h~ expi~d. (d) Whckcver the term "the prcmi~' is u~ed n th means the pro~rty insured he~ n ~ deacr ~d in Scbed~ lc A of this lmlicy indud{n8 such buildln~ an~ improvements thereon which by (c) Wbe~ver thc term "reco ~ed" Js used in thi~ ~licy it o~ecr of the counW in which prol~tly insured herein Section 2 DEFENSE AND PROSI';CUTION OF SUITS (at This compa~ly will~ at i13 own c~ast. ~tm~d ~he in~urcd in all cxce[~ted in ~hla hmeundcr. op g~rtunity to maintain or d*f¢n~ the ac , or ro'ccd;ng appeals from an~ determination t ~c~c;., , ~ g vc a' r~a. ~a ',lc aid rc¢o¢ct/ng the 1~$ from thnge w}m may ~ ]ia},h- thrrcfq)r Section g CASES W}IFRE I.IABIL]Ty ARI~I.S (c) ~ ' ' mortga~ has ~en adjudged by a final dcIerm{natioll lo ~ invalid or ~hery a ~Cot'ding officer has rcfu~-d lo accept f~om thc insu~ed'a ruination sustaining the refit,al ~cau~ of a defect in lhe tide Io the sa;d mortgage. (e) ~e~ thc insured shall ~vc ~godatcd a loan to ~ made: on the ~curity ~ a m~tga~ on thc i~m'ed~a ¢$ ale or interest in the premi~$ and the title lhall have ~en ~jcct~ the.~-o~d lender (f) ~,'}1{:~- thc insured sk.dl ha~c transferred the title Jn.~ured by au iz,~Ir umcnt cc, n~aming qo~< n~L~ in regard to title or warranty thereof and t}}cr~ abMl have I~'cn a fi~al determination oll any of such co~- (g) Wh(~c thc insured ~:atalc or imcrc,t or a part thereof taker: by cnndemnal[ol} a~',d it has ~Cll finally determh~ed that the Dcau~ of a defect or im umbrancc not excepted in thi~ ~licy. No claim for damages shall ariat or ~ main~inable m~der this ix~licy (1) if this company, after having received notice of an alle~d defect ot incumbrance, rcmove~ such defect or incumbran~ within th;cry da~ after ~cc~ ~t of such Im~Jcc; or (2) for liability voluntarily 8~tlon 4 NO~CE OF CLAIM Section $ PAYME~ OF LOSS (2) if the imurcd i~ a mot tgage~, paymem~ made to satldy or su~i- narc prior liens ~ incumbrancc~ not ~t forth in ~hcdal¢ B. (e) When liability has ~cn definhely fixed in Ice.dance wi~ condi6ons of this ~llcy, the Iox~ or damage shall ~ ~yable wlthM Name of Insured VARUJAN ARSLANYAN AND LINDA ARSLANYAN, [{IS W]Fi{ Policy No, T] 282-394 Am0urd of Ins{Jrance $ ).80,000.00 Date of l~.$,.le ;~/30/.82 deed made by John ~,~ckie 3~~, ,~/k/~l John '2. ~-~ackie, to the I,NSU~[..D dated 4/30/82 recoI<~e<~ 5/4/F?. No title is Long Island insured ~o any land 1vin¢~ below Soun(~ as the same no,g e.~ists or the hioh water line of former 1¥ existed. Rights of the People of the Stabe of t,~ew York in those portions of premises now or form,.prly under the waters of 1,on¢7 Island Rights of the Federal. Government to enter ripen and take ~possession without compensatio~ of ]ands Dow or formerly lyJno below the hiqh water ~ark of I,onq Island Sound. Riparian riqhts of others than the insured in and to the waters of Long Island Sound as the same adjoJf%s the pren~Jse~_~ described in Schedule "A". Y;. 1. building on described oreinises, flaqpo]e and flaqston~,'~andind. 2. fence in southeasterly portion of premises. As S,how~ on survey by Roderick Van Tuyl P.C. dated ]2/29/~1. Policy NO. T1282-394 S(_;I'-IEE)LII E "B" continued) (;. ]{. NO title is insur,~,-] to an%, la,id l~Tin~ in the ~-,~'.'] o'F MJd¢]]e Rd. (C.~. 48) 1981/82 Town a?](] school taxes 2~d ]half. A ~nort(~a(~e ]na(]e })¥ Varu]an Ars]anvan and t,in¢la Ars]~nyan, his wife, to John ~ckie Jr. a/k/a Jo%In T. ~,]ackie ~]ate~ 4/30/82, recor~e(~ 5/4/82 in the amo~t of $109,000.00 an~] JDtere:{t. Policy NO. T1282-394 SGH~DULE A': The pr~m $e$ iii ,,~hl(;h the ,n,~ured ha.~ the ~_'~tat,~ c~r ~ ~'r.~ roveled b'~ this policy ALL that certain plot, piec'e o2 par,-el of ]ahd, sitP. at~, lylnq and being in the Town of Sout~old, Cour~ty of Suffolk and State of New York, k~ow}l ~nd desiqnated as Lots ~os. 1 and 2 on a c~,rtain mau entitled "Map of Pro~)er~y of w. i]. Youm~ add R. ,3. Goo,~]ale, Oreenpor~, L.I., N.Y." made by D. R. Voun<~, S~.~z~veyor, R[verhead, ~,~ew York, and filed in the Office of the Clerk of th~ County of Suffolk on the llth day of Septemb,=r 1929 as MaD No. 5;~5. Policy insureG that the easterly line of lot I and the westerly line of lot 2 are cont[quous. (a) in the event that a partial I00s occur~ after the inaured make~ an improvement ~lll~eqUent to the date of th{~ ~licy, and only in that brth, ~d ~hal] ~ ~rne by t}~ coo~p~t~y ~ one hund~cd twenty ~r going provisions s1~11 not apply to c~la a~d allot nc~' Jc¢$ i~cutrcd liqu{dated amount ~hich existod on Hie date of tl~is ~.,li, v and (b) If t~ premiss are divisible ii,to ~:pa~'ale, indet~ndc~{ parcels, thc 1o$ shall ~ computed arid settled t~n a pi,) rata basis if this ~licy were dividcd p:o r~ta ~ to ~lI,te of ~aid t}~ date of thia ~licy. (c) Clau~s "(a)" and "(b)' of th~s rction apply to mortgagor. ed) If~ at the time liabiliW for any [o~ sb,dl have ~'c~l fixcd par- 8e~tloa ? A$SIGNI~tENT OF POLICY New York Board of 'I'i[le Underwriters fil,'d ~ith tile Stl~c~;:~te,~dcat provided for in thi~ ~ection shall tiffs company b¢ deemed to have i~;*t~ccd the ~ufficiency of the form of the assi~m~ent ~ other inst,-u- sufli, bmcy of ally pl~eedir',ga ariel the date of this ~licy Section 8 SUBROGATION (a) I h~ vv,upauv shall to thc e~tc tinder tbi~ ~licy, [~ lubr~,gated to all righO of the insu~'ed with MISREI'RESEN1 ATION dw is~u~mcc of th~ poli~y, ahall ~,~id this policy. SectionlO NO WAIVER OF CONDI'flON$ Section 11 POLlCJt' ENIIRE CON'I'RACT 8cotton t2 VALIDA'IION AND MODIFICATION 'Ibis policy is valid only ~ h, n d.ly ~igncd by a vMidalirtg office~ oc ENDOREEMENT8 A Valuable Document Insurance GUAFIANT~- N~W YORK /jPIONt~=R NA'I'IONAL TITLe[ INSURANC(~ Richard M. Sherman 1t80 Pine Neck Rd. P.O. Box 1002 Southotd, New York 11971 Zoning Board of Appeals Town of Southold P'.O. Box 1179 .53095 Main Road uthold, N.Y. 11971 Gentlemen: Dec 16, It has come to our attention that Mr Arslanyan has applied to the -.Zoning Board of Appeals for a variance for property, that adjoins ours, on Route 48 (Section 52-Block ].-Lot 7). We understand this variance is for the purpose of constructing a swimming pool and deck on his property between the house, under construction, and the Sound Bluff. We strenuously oppose the lo~..~lon of th~s pool on the grounds ah_t there is not enough set back from our eestern property line according to the plan presented to us. ' Further, we find the construction of the house is an encroachment on our property because the basement boundary is too close to our property line. We have opposed this since Narch 25, 1991 before the new building permit was issued. Letter %.;as sent to Building Inspector and should be on file in his office. We felt that the house was too large for the lot. We don't understand how e building permit that has expired can be resurrected, under the old regulations, when new guidelines have been instituted during the period the original permit had expired. S~'i~cer ely, ~ ~ Ric~rd and Doris Sherman Board of Appeals Southold, Long Island, N. Y. ~02 Prospect Street Rid~ewood, New Jersey 07450 December 12, 1991 Application for variance by Varijan & Linda Arslanyan located at 54455 County Rd. Southold, N.Y. Dear Board Members: ~y wife and I are co-owners of the adjacent property to the west of the above mentioned property. We have owned the property for 20 years located at 94365 County Road 48; county ma~ section 52; block ~l; lot# 7. We strongly object to the proposed variance to install a swimmlng pool, deck, and fence on ~he adjacent yard as shown on the proposed plan. The new house has already blocked the sun and view we had to the north east because of its height and very close proximity to our house. ~he following are reasons for our objections: 1o The proposed pool and fence would block our view and restrict breezes of the Sound to oar north. 2. It would decrease the value of our proper~y by the extremely close proximity of the pool and fence. The proposed 5' side yard set-bauk instead of ~he required 15' by the zoning law would create a hardship for us concerning noise and lights. V~e have 5 bedrooms 'that face the proposed pool. It could create a serious environmental hazzard due to the closeness to ~he top of the bluff~ and possibly causing severe erosion of our bank. We therefor~ as concerned homeowners~ ask you to deny the variance. Sincerely, G. Townsend Smyser [~N~APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 February 4, 1992 Mr. Robert Whelan P.O. Box 590 Mattituok, NY 11952 Re: Appl. No. 4072 - Varujan Arslanyan Dear Mr. Whelan: Transmitted herewith for your perusal and information is a copy of the recent evaluation report made by the Suffolk County Soil and Water Conservation District requested by our office. This report has been made a permanent part of your file, and a copy has been transmitted to the Town Trustees for their consideration once you have filed a complete application with their office. Yours very truly, Linda Kowalski Enclosure COUNTY OF SUFFOLK ROBERT J. GAFFNEY SUFFOLK COUNTY EX£CUTIV~' SOIL AND WATER CONSERVATION DISTRICT February 3, 1992 Mr. Gerard Po Goehringer, Chairman Town of Southold, Board of Appeals P.O. Box 1179 Southold, New York 11971 Dear Mr. Goehringer: As per the Board of Appeals request for our evaluation and comments regarding fil~ #4072 - Varujan Arslanyan, please be advised that a site inspection was conducted on January 29, 1992. During the inspection it was noted that the dwell- ing being constructed is approximately 35-40 feet south of the existing top of the bluff. The bluff face is vegetated with beachgrass and annual weeds. Soil erosion along sections of the bluff toe was evident and sediment from the rear yard had been deposited on the upper beach, indicating that over-bank runoff was occuring. Proposed construction of an inground swiraming pool and deck would threaten the stability of the bluff. The Northwest corner of the pool Would be approximately 5-6 feet away from the bluff top. This would add excessive weight along the bluff top and could cause slippage and erosion of the bluff face. The proposed terrace and deck will increase surface water runoff. Increased runoff water flowing on the bluff face will cause soil erosion and increase the bluff recession rate. I hope this information will be useful to the Board. If you require additional information please feel free to contact this office. Sincerely, Thomas /[. McMahon Senior District Technician {iverhcad Connty Center {o{,n E-*I6 Hverhettd, New ¥orlt 11901 - 3398 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1.809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 INTER-DEPARTMENTAL MEMORANDUM TO: FROM: DATE: RE: Southold Town Trustees Board of Appeals February 4, 1992 Local Coastal Zone Management Law and Wetlands Law Property Location: N/s Middle Road, Greenport Property ID #1000-52-1-8 Proposed Inground Pool, Deck and Fence near L.I. Sound bluff It is our understanding that Robert Whelan, Builder for Varujan and Linda Arslanyan, is in the process of filing an application requesting your reviews for permits and/or variances under Chapter 97 and 37 of the Town Code. For your file, we are enclosing a copy of a report prepared by the Suffolk County Soil & Water Conservation District Office concerning their recent evaluation of the bluff area of this parcel. The report indicates that the proposed construction would threaten the stability of the bluff, which is and has been eroding, and you know, the weight of the proposed pool and related activities along the bluff would be excessive and could cause slippage and erosion of the bluff face. It has been determined by the Board of Appeals that the variance application for the side yard setback(s) will continue to be held in abeyance until such time as you have received a complete application and opportunities to inspect, review and process the application the inground pool and related activites in the new construction (all seaward of the existing dwelling footprint). We have also forwarded a copy of the soil report to the builder for the applicant for his update and information. FOUNDATION ( ls t) FOUNDATION (2nd) 2. ROUGH FRAME & .PLUMBING INSULATION PER N. STATE ENERGY CODE FINAL ADDITIONA'L COMMENTS TRUSTEES John M. Bredemeyer, III, President Henry P. Smith, Vice President Albert J. Krupski, Jr. John L. Bednoski, Ir. John B. Tuthill Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TO~ TRUSTEES TO~ OF SOU~OLD January 23, 1992 SUPERVISOR SCOTt L. HARRIS Roy Itaje En-Consultants 1329 North Sea Road Southampton, NY 11968 ~t RE: Theodore Petikas ~ ~ SCTM 91000-135-1-27 Dear Mr. Haje: As per our recent phone conversation on a or about January 14, 1992 and with respect to your inquiry On the above referenced property and the Trustees jurisdiction under Chapter 37 (Coastal Erosion) of the Town Law, I can offer the following: I. Fees/Application: Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 The current fee schedule before the Town Board for consideration will, if adopted, require the applicant to submit a $250.00 variance application and possibly at least two $50.00 fees' associated with inspections and relocation agreements should a permit be granted. Presently we have not generated our application forms for the law but anticipate having them ready by February 28, 1992. II. Processing: A. SEQRA coordination and determination will be required. This phase will take at least two months after we have determined the application is complete. Since most applications will involve a NYSDEC Article 25 permit; we may coordinate our reviews with the NYSDEC. This will likely require more time. B. As a variance application, the Board may reserve the right to consult an engineer with respect to this or other projects and charge back the fees to the applicant as per SEQRA. To date we have not advertised or interviewed for our consulting engineer. This may create an additional time lag in implementing this law or reviewing this permit. C. As a variance application, the Board may wish to require notification of adjoining neighbors. This may take a month or mere to verify. D. As a variance application, we will likely conduct a public hearing on such a proposal. E. The Boards determination and any possible relocation agreement may take yet additional time. F. Unforeseen conditions in administering a new and potentially controversial code may arise and require more time. Consequently, under even most favorable conditions, I can not foresee this Board processing an approval/denial on a project of this scope in less than five months. Emergency repairs to existing structures may be considered on a case by case basis provided we are in possession of a D.E.C. permit for the activity. These requests will be entertained when property loss is a serious risk. Such requests, if granted by Board resolution without an application, will require all paperwork to follow as soon as practical thereafter. Very truly yours, John M. Bredemeyer, III President, Board of Trustees JMB:jmt cc: William Southard, NYSDEC Town Board Bldg. Dept. Bay Constable LA~,~A¥ t /' R-80 '\ R-80 / / (¥ 51.1-I-! This notice must be displayed during construction and returned to Building Dept. to get a certificate of occupancy upon completion of work. BUILDING INSPECTOR'S OFFICE, TOWN OF $OUTHOLD SOUTHOLD, N.Y. BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of to the Board of Appeals of the Town of Southold YOU ARE HEREBY GIVEN NOTICE: NOTICE TO ADJACENT PROPERTY OWNER 1. That it is the intention of the undersigned to petition the Board nf Appeals of ~he Town of Southold torequest a~(Special Exception) (Special Permit) (Othor) [¢±rclo choice] 2. That the property which is the subject of the Petition is located adiacent to your property and is des- ctibed as follows: /t/o - J- q ._. 3. That the property whic[Lis the subject of such Petition is located in the following zoning district: 4 Thai h) such Pelitiun, the undersigned will request the following relief: S. That the rovisions of the Southold Town Zoning Code applicable to the relief sought by the und.e~r- signed are ....... [ ] Sec:~on gB0-A, Ne~ York Town Law for approval o~a~ ove~[gh~)-~ 6. Tha~ within five days from the date hereof, a written Petition requesting the relief s~cJfied above will be filed in lhe Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (5Z6) 7~5-~809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the B6ard 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 Traveter-Mattituck Watchman, newspapers published in the Town of 5outhold 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:' ~, ~ ,/,,42,~,/ . Petitioner ...~.. Owners' ames: Post Office Address ~ plan showing proposal to be attached f~b~r convenience [Copy of sketch or purposes.] PROOF OF MAIt_INI., OF NOTICE ADDRESS Certified Mail Receipt rance Coverage provided InnoStUuse for international Mail 628 Certified Mail Receipt Insurance Coverage Provided Do not use for Internationa~ Mail Street & No PO State & ZIP Code CerNfied Fee Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to Whom Return Receipt Showing to Whom Date, & ~dress of Oedvery TOTAL P~, Pos~ark or Date STATE OF NEW YORK ) ss.: COUNTY OF sUFFOLK ) on~nl mailed a tru~ cepy of [h~ NotiC~ s~l forth on the re- ' _,~ ~/ ,dcp ~ -~-cssesset opposite theirrmpectlve . of - ' ed ersons~ttneduu' . n ' d that said Notices were ma edat the United States PostOf- th~ current assessment roll of the Town of Southo[ ; . .. · .~d to eac~f ~id~crsons by Sworn to.crete me this ~' Not3ry public Cmudedm etqdmo#w. 80~ tO-- (This side does not have-tO be completed on form transmitted to adjoining property ownerS.) BOARD OF APPEALS, TOWN OF SOUTHOLD In lhe Mailer et Ihe Petition of : to ~he Board of Appeals of the Town of $outhold YOU ARE HEREBY GIVEN NOTICE: NOTICE TO ADJACE:IT PROPERTY OWNER 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of 5outhold to requesta~(Special Exception) (SpecialPermil) (Other) [circle choice] 2. That the property which is the subject of the Petition is located a.~]acen.t to your orooerty and is des- 3. That the property wh. ich is the subject of such Petition is located in the following zoning district: 4 That b~, such Petition, Ihe undersigned will request the followin§ relief: $. That the provisions of the Southoid Town Zoning Code appJicable lo the relLe~LGJ.~ht by the ~u~nder- signed are A:ticle ~LX'~77 - ~c~cn /~ '- ~/~ ~~~/~ ~~ [ ] Section 280-A, New York Tow. Law for approval o~ f~e~rig~)~f-;~ 6. That within five days from the date hereof, a written Petition requesting the relief specified above wilt be filed in the 5ou~hold Town Clerk's Office at Main Road, 5outhold. New York and you may then and there examine the same during regular office hours. (516) 765-1809. 7. That before the retief 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 bearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Petitioner Post Office Address ~// [Copy of sketch or plan showing proposal to be attached for convenience purposes.] PROOf Of MAII_IN~ OF NOTICE ADDRESS Certified Nlai~ Receipt STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: , being duly sworn, deposes and says that on the . ,~--~ d;zy of /C/'~¢'~'"-~/~"-~" , 1 9 ~/ , deponent mailed a true copy of the Notice set forth on thc re- verse side hereof, directed to each of the above-named persons at thc addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold;that said Notices were mailed at the United States Post Ot'- trice at -~'/'t'?'T~//'/--~) ; thai' said Notices were mailed to each of said persons by {certified) (registered) mail. ~~_~OTrS ~OTAR¥ pUBLiC OF NEW J£RSE¥ completed on form t. ransmitted to adjoining (Th s side does not have to be property ownerS.) BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of : to the Board of Appeals of the Town of Southold : NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. Tha~ intention of the undersigned to pethh~n~he Board of Appeals of t~ne Town of Southold to request a ~ (Special Exception) (Special Permit) (Other) [¢±r¢le cho±¢e] 2. That the property which is the subject of the Petition is located adiacent to your property and is des- cribed as follows: 3. That the property whicbjs the subiect of such Petiti.o_ is In. cared in the following zoning district: 4 Thai h~ such Petition, the undersigned will request the following relief: $. That the provisions of the Southold Town Zoning C~de appliqable to the relief sought by the under- ~ signed are ~ti¢le ~ Section /~[.)~,..~. ~ ~,~ ~X/~ ~ /~ ~ ~ [ ] Section 280-A, New York Town Law for approval o~a~vek~gh~)-o~ 6. That within five days from the date hereof, a written Petition requesting the relief s~cified 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. (5~6) 7~5-~809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Bo'ard of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated:' /~/~/ Z.~ ''~;;~?~. Petitioner ) Po~ Office Address ~p~ [Copy of sketch or plan showing proposal to be attached for convenience purposes.] PROOF OF MAILING OF NOTICE ~CH CERTIFIED MAIL RECEIPTS ADDRESS STATE OF NEW YORK } COUNTY OF SUFFOLK) , 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 current assessment roll of the Town of Southold: that said Notices were mailed at the United States Post Of- fice at ,~LZ"~/~'~--,~ ; that said Notices were mailed to ea~.h of said persons by (certified) (registered) mail. Sworn to before me this day of ,.",~/~/.~'~.~.~-./ . 719 ~/ ~tary Public / ~AEY PUBLIC OF NEW ~ERSEY MY C~MISSiON ~[R~ AUG. 30. (This side does not have to be completed on form transmitted to adjoining property owners.) DESCRIPTION --. )~'= I~LAND PECONIC ASSOCIATES Inc. consultants One Bootleg Alley P.O. Box 672 Greenport, N.Y. 11944 516 - 477-0030 'VAI~ u ,JAN ( ~.INDA PRELIMINARY