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Home My WebLink About4170 APPEAI.q BOARD MEMBERS Gerard R Geehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Appeal No..4170: Application of THEODORE AND MARIA PETIKAS (as contract vendees). (Owners: John Phillipedes, and others). Request for Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4A, and Article XXIV, Section 100-244B, for permission to locate new dwelling structure with an insufficient setback from the bank along the Long Island Sound and sideyards at less than the required 25 feet. This application is a new location different from that considered and alternatively granted under Appeal No. 4078 rendered April 22, 1993. Location of Property: North Side of Soundview Avenue, Southold, NY; County Tax Map Parcel No. 1000-135-1-27. This parcel is nonconforming as to total lot area at 11,000+- sq. ft. WHEREAS, after due notice, a public hearing was held on June 22, 1993, at which time those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located along the northwesterly side of Middle Road (C.R. 48) near its intersection with Sound View Avenue, at Arshamomaque, Town of Southold, containing a total lot area of approximately 11,000 square feet, and is identified on the Suffolk County Tax Maps as District 1000, Section 135, BLock 01, Lot 27. 2. The subject premises is vacant land. A portion of the land consists of low beach areas 'subject to flooding, and the remainder with variable contours as shown on the March 23, 1993 survey map to be between 5.8 feet and ten feet above mean sea Page 2 - Appl. No. Matter of Theodore and Maria Petikas ZBA Decision Rendered June 22, 1993 level (MSL). The dimensions of the lot are as follow: (a) the frontage along Middle Road - CR 48 is shown to be 30..0 feet; (b) the width along the low bank near the ordinary highwater mark per the N.Y.S. Department of Environmental Conservation maps is 48+- feet; (c) Width at the extreme north end {below the current highwater mark} is shown to be 63+- feet,' (d) the average depth of the property is 239 feet. It is also noted that the premises is located in the A-8 Flood Zone (min. el. at 11 feet above MSL at lowest floor utilized for residential use or placement of utilities (furnace, wiring, etc.). 3. Appellants have been authorized to make this application as contract vendees under a Contract of Sale dated September 16, 1991 with the property owners. 4. In this application, relief is requested to locate a 26 ft. wide by 30 ft. deep dwelling (inclusive of deck floor · area, porches, and other construction) as shown on the survey map lastly amended May 24, 1993 and prepared by Roderick VanTuyl, P.C.). The dwelling construction is shown to be 'at least 50 feet from the line of the low bank. The sanitary system pools are shown close to the driveway-parking area, all landward of the proposed house location. The sideyards are shown at eight feet on each of the two side yards. Waterproof retaining walls and curbing is shown along both side yards (el. 6'8") for a proposed length of 135+- feet. A 12" water main runs along County Road 48. 5. Article XXIII, Section 100-239.4A of the Zoning Code provides for a setback of not less than 100 feet from the bank or bluff of the Long Island Sound. Article XXIV, Section 100-244B of the zoning code provides for a setback at not less than 10 feet as a minimum, and 15 feet in the other sideyard, and a total combination of not less than 25 feet. This new location of the proposed dwelling is necessary due to the narrowness of the lot. 6. Since the filing and grant of alternative relief under Appeal No. 4078 rendered April 22, 1993 to the applicants herein, the following approvals were issued: a) Southold Town Trustees variance under the Coastal Erosion Hazard Area Law, Permit No. 135-1-27, dated May 27, 1993. One of the conditions under which this permit was issued is that the sanitary system remain in the yard area facing the street; b) N.Y.S. Department of Environmental Conservation Permit No. 1-4738-00424/00001-0 issued May 28, 1993. One of the Page 3 - Appl. No.~70 Matter of Theodore and Maria Petikas ZBA Decision Rendered June 22, 1993 conditions under this permit was the requirement that there be no disturbance to the natural vegetation of topography within an area extending 53 linear feet landward of the wetland boundary. Also, roof runoff shall be directed into drywells a minimum of 100 feet land of the tidal wetland boundary for immediate on-site recharge. No decks, accessory buildings or additions unless further approvals and permits are obtained. The distance to the ordinary highway mark is shown to be 75 feet to the location of the dwelling, and according to the D.E.C. approved map is shown to be 75 feet, and 140 feet from the front (street) line to the back (waterside) of the proposed dwelling. 7. This request for sideyards is basically the same at eight feet and eight feet for a total of 16, except that the width of the house would be slightly greater at this new location of the house further north 50 feet which is the location approved by the State and Town wetland agencies. 8. There are houses with similar setbacks in this waterfront community which existed prior to the enactment Of this law in May 1985. 9. In considering this application, the Board also finds and determines: (a) that the sound (northerly) setback requested is within the established setbacks presently existing in the area; (b) the hardship is related to the uniqueness of the land due to its size, shape, topography, location, and the character of the neighborhood; (c) the variance requested is the minimum necessary to afford relief and there is no viable alternative for appellants to pursue other than a variance; (d) the grant of the variance as applied will not be detrimental to the health, safety, or welfare of the community, and it will provide a benefit for the property owner to use his land for a zoning use allowable in this R-40 Residential Zone District; (e) the conditions for this variance and for all other agency permits must be carefully and faithfully followed by the property owner (and their agents) in order to prevent runoff or other discharge and to aid in preventing any adverse effect or impact on the physical or environmental conditions in ~this location; Page 4 - Appl. No. Matter of Theodore and Maria Petikas ZBA Decision Rendered June 22, 1993 (f) the appellants' requests are not unreasonable in light of the limited upland area available for a residence, and the difficulties claimed are related to the land rather than a personal claim of appellants; (g) the relief as granted will not be adverse to the preservation and protection of the character of the neighborhood and the health, safety and welfare of the community. Accordingly, on motion by Chairman G0ehringer, seconded by Member Dinizio, it was RESOLVED, to GRANT the relief as requested and noted below in the Matter of the Amended Application of THEODORE AND MARIA PETIKAS under Appl. No. 4170: a) placement of the entire dwelling construction, which must include steps and overhangs, shall not be closer than 50 feet to the low bank of the Long Island Sound as more particularly shown on the survey map prepared by Roderick VanTuyI, P.C. dated May 24, 1993; b) placement of the dwelling construction shall not be closer than eight feet from either side yard, and not less than a total side yard area of 16 feet; c) no building construction activities shall take place until all agency approvals have been issued, in writing, including the Southold Town Building Inspector's Office; d) the side yard(s) remain open and unobstructed at all times for access by emergency and/or fire vehicles. Vote of the Board: Ayes: Messrs. Goehringer, Dinizio, Villa and Wilton. (Member Doyen was absent.) This resolution was duly adopted. lk RECEIVED AND FILED BY THE SOUIHOLD TOWN CLF,~K , Town Clerk, Town of Soulhold ERARD P. GOER~ING~R, CH~R~ APPEALS BOARD MEMBERS Gerard R Geehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 ~' /If' ,g~ BOARD OF APPE3J.~ TOWN OF SOUTHOLD NOTICE OF' PUBLIC HEARINGS 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 TUESDAYf 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 rings 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 yard 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 Ma~ 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 ings 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 April~29, 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 CHAIRMAN By Linda Kowalski x TOWN OF soUTIIOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTIIOLD, N.Y. NOTICE OF DISAPPROVAL Date . .l~.a.y. 24, . .... .............. ; ....... 19 93 To .E.n-Consultants, Inc. a/c contract vendee Nicholas Petikas 1329 .North Sea Road Southampton, N.Y. i 1968 PLEASE TAKE NOTICE that your application dated .I~A.Y. 13, .......................... 19 93 for permit to CONSTRUCT A ONE FAMILY DWELLING Lo'cation of Property 52755 COUNTY ROAD #48 SOui'HOLD, N.Y. h3,5~ 3qd ........................................................ Street Hamlet County Tax Map No. 1000 Secticn ..... .I.3.5..' .... Block .... ! ' . .. Lot 21 Subdivision ................. Filed Ma p No ................. Lot No ..... ' ........ is returned herewith and disapproved on the following grounds UNDER ARTICLE XXIII . sEcTIoN 100-239.4A (1) PROPOSED CONSTRUCTION IS SETBACK LESS THAN .8 .F.EET GRANTED UNDER ZONING BOARD OF APPEALS ~f4078 AT A. DIFFERENT LOCATION. .... ;,;,,'.'i;,;,; ;,; ..:,; ;;,;.;,;, ,;; ;;;,AL;: TIt61~ J. FISHER ' RV 1/80 TOWN OF SOUTHOLD, APPEAL FROM DECISION OF BUILDING INSPECTOR Seuthold TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD ...... 1, (We) En-Consultantsr Inc. of 1329 North Se .................................................................................................... ........................... Nome of Appellant Street a~ Number Southampton ...H~..X.~ ...... HEREBY APPEL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPE~0R' ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (X) Theodore Petikas Name of Applicant for permit of ..... ._.. 2 5. 7... E, t P,.~Z a.r.t~.. A .v.e n - e ....... ~,eJ;J~pa~e ................... ~.ew...~cu;k.. . Street and Number Munic pal ty State ' PERMIT TO USE PERMIT FOR OCCUPANCY Building Permit I. LOCATION OF THE PROPERTY ........ $.~.7..5.5....C.q]~.~.t;:/. E.D.,~ ~J].,....$.Q.g~b.Q%g].,...~t:.'J.Q ....... Street /Hamlet / Use District on Zoning Mop ~.er John Phillipedes, etc. Map No. Lot No. Prior Owner Contract Vendee: Theodore or L ikas 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 XXIV Section 100-30a.3 , Article XXIII, Section 100.239.4/~ 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 ~aw Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal (has) ~la's/j~J') been mode with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit (X) request for a variance and was made in Appeal No ....... 4.0.?.8. ................. Dated ............ .4~.;;{~.~.~..$. ..................... ( ) ( ~ ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that SEE ATTACHED Form ZB! (Continue on other side) REASON FOR APPEA Continued · ~ ~ ~; i ~ .," ~ 1. STRICT APPLI.C~, TIQN~QF THE ORDINANCE would produce practical difficulties =or, um~eces- sory HARDSHIP I~e~s~ ~' SEE ATTACHED 2 The hardship createdis UNIQUE ond is notshored by oil properties alike in th; immediate vicinity ofthis property and in this use district because most other parcels have been developed or are of sufficient size and configuration that this situation would not apply. 3 The Var,once would observe the spirit of the Ordinance and WOULD NOT CHANGE THE, CHARACTER OF THE DISTRICT becouse house would be adjacent to parking lot of a Town beach on the east side. On the west, tNe house is 58 ' west of the property line as the lot is considerably larger. The proposed one-family dwelling would conform to the style and characteristics of the surroundings. COUNTY OF ) %. ~ S~gnoture rby T;. Haje Sworn to this .......... ~t.~...,~.~.. ...................... day of.,..._~ .................................... '9/~ Ne"rAP¥ PUBLIC, S~t~ of New York No. 0:~t~l, Suffolk County REASON FOR APPEAL: 1. Strict Application of the ordinance The prior decision of the Zoning Board of Appeals mandated a minimum sideyard setback of 8'. In the event that this approval does not carry over to the current application, permission is again sought for minimum and total sideyard relief. Subject relief is necesssary as the size of the house cannot be reduced beyond that which has been indicated. The only way to attain the minimum 8' and 8' sideyard requirements is to relocate the proposed house northward. It is respectfully requested that the Board reaffirm its prior decision and that a refund of the addi- tional fee be granted. As has been previously stated, the only way in which to attain the sideyard minimum of 8' is to relocate the house northward. This, however, vio- lates the 100' setback from the "low bank" indi- cated on the Van Tuyl survey. A location of 50' is necessary. Relief from this section is requested. The reason the original location had been proposed is that the Southold Trustees mandated it. How- ever, discussion with the Board of Trustees in- dicate that the location proposed herein, i.e. 50' from low bank, will be acceptable to them and that an amended Coastal Erosion Permit will be issued. In addition, the Suffolk County Department of Health Services has indicated that the proposed location is preferable to them as it will allow addditional area in which to locate the sanitary system. The proposed location also complies with the NYSDEC permit. REASON FOR APPEAL: 1. Strict Application of the ordinance The prior decision of the Zoning Board of Appeals mandated a minimum sideyard setback of 8'. In the event that this approval does not carry over to the current application, permission is again sought for minimum and total sideyard relief. Subject relief is necesssary as the size of the house cannot be reduced beyond that which has been indicated. The only way to attain the minimum 8' and 8' sideyard requirements is to relocate the proposed house northward. It is respectfully requested that the Board reaffirm its prior decision and that a refund of the addi- tional fee be granted. As has been previously stated, the only way in which to attain the sideyard minimum of 8' is to relocate the house northward. This, however, vio- lates the 100' setback from the "low bank" indi- cated on the Van Tuyl survey. A location of 50' is necessary. Relief from this section is requested. The reason the original location had been proposed is that the Southold Trustees mandated it. How- ever, discussion with the Board of Trustees in- dicate that the location proposed herein, i.e. 50' from low bank, will be acceptable to them and that an amended Coastal Erosion Permit will be issued. In addition, the Suffolk County Department of Health Services has indicated that the proposed location is preferable to them as it will allow addditional area in which to locate the sanitary system. The proposed location also complies with the NYSDEC permit. TOWN 01: $OUTHOLD RECORD CARD OWNER FORMER OWNER RES. LAND 0 IMP. STREET Si ' VL..~/Z. TOTAL 7,,-o L~ FARM DATE VI LLAGE DISTRICT J SUB. TYPE OF BUILDING LOT REMARKS AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE Farm Acre Value Per Acre Value Tillable 1 Tillable 2 Tillable 3 Woodland Swampland Brushland House Plot Total RO.DERICK VAN TUYL, P.C. LICENSED LAND GREENPORT NEW YORK · ~FFOLK CO. HEALTlq DEPT. API~JOVAL H.S. NO. STATEMENT OF INTENT THE WATER SUPPLY AND SEWAGE DISPOSAL SYSTEMS FOR THIS RESIDENCE WILL CONFORM TO THE STANDARDS OF SUFFOLK CO. DEPT OF HEALTH SERVICES. (si APPLICANT SUFFOLK SERVICES -- FOR CONSTRUCTION ONLY DATE: Iq. S. REF. NO.: APPROVED: COUNTY DEPT, OF HEALTH APPROVAL I=OR SUFFOLK CO. TAX MAP DESIGNATION: BLOCK PCL. OWNERS ADDR F..S~: APPEAT.~ BOARD MEMBERS Gerard R C-cehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Ri~h-~l C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD SCOTT L. HARRIS Supervisor Tewn Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Appeal No. 4078: Application of THEODORE AND MARIA PETIKAS (as contract vendees with the owners, JOHN PHILLIPEDES, HELEN MANIS and ACHILLES STACHTIARIS). Variance(s) to the Zoning Ordinance requested under Article XXIV, Section 100-244B for permission to locate new dwelling structure with side yards at less than the required 10 feet and less than the required total sideyards at 25 feet. Location of Property: North Side of Soundview Avenue, Southold, NY; County Tax Map Parcel ID No. 1000-135-1-27. This parcel is located in the R-40 Low-Residential Zone District is nonconforming as to total lot area at 11,000+- sq. ft. WHEREAS, after due notice, a public hearing was held on March 18, 1993; and WHEREAS, at said hearing those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located along the northwesterly side of Middle Road (C.R. 48) near its intersection with Sound View Avenue, at Arshamomaque, Town of Southold, containing a total lot area of approximately 11,000+- sq. ft., and is identified on the Suffolk County Tax Maps as District 1000, Section 135, Block 1, Lot 27. 2. The subject premises is presently vacant land, a portion of which consists of low beach areas, 'subject to flooding, the remainder with variable contours shown on the March 23, 1993 survey map to be between 5.8 feet and ten feet above mean sea level. The dimensions of the lot areas follow: (a) the frontage along Middle Road is shown to be 30.0 feet, (b) width at the low bank near the ordinary highwater mark per Page 3 - Appl. No. 4078 Decision Rendered April 22, 1993 Matter of THEODORE and MARIA PETIKAS and would encourage other precedents which in turn will be adverse to the essential character of the neighborhood; (e) alternative relief, as noted below, would not be detrimental to the health, safety or welfare of the community, and would afford a benefit to the applicant;' (f) in considering all of the above factors, the interests of justice will be served by denying the variance requested, and granting alternative relief, as further noted. Accordingly, on motion by Member Wilton, seconded by Member Villa, it was RESOLVED, to DENY the relief requested, as noted above, and BE IT FURTHER RESOLVED, to GRANT the following ALTERNATIVE RELIEF as a minimum to afford side yard relief: 1) Minimum side yard setback for all dwelling construction at not less than eight feet from the westerly side property line; 2) Minimum side yard setback for all dwelling construction at not less than eight feet from the easterly side property line. 3) Minimum total sideyards for dwelling construction at not less than 16 feet; 4) No building construction activities until the Suffolk County Health Department approval has been issued, as well as compliance with all other agency approvals and issuance of a building permit by the Southold Town Building Inspector's Office. 5) That the side yard(s) remain open and unobstructed for access by emergency or fire vehicles. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio, Villa and Wilton. This resolution was duly adopted. lk GERARD P. GOEHRINGER, CHAIRM3%N Page 2 -. Appl. No. 4078 Decision Rendered April 22, 1993 Matter of THEODORE and MkRIA PETII~S the D.E.C. is 4.8+- feet, (c) width at the extreme north end {below the current highwater mark} is shown to be 63+- feet, (d) the average depth of the property is 239 feet. It is also noted that the premises is in the A-8 Flood Zone (min. el. 11 feet above mean sea level for utility area at lowest floor elevation). 3. Appellants are requesting permission to construct a 26 ft. wide x 30 ft. deep two-story dwelling structure with reduced side yards at five feet from the westerly side property line and at 4-1/2 feet from the easterly side property, line. The total side yards are proposed at 9-1/2 feet, at its closest points. 4. Article XXIV, Section 100-244B of the zoning code provides for a setback at not less than 10 feet as a minimum in one side yard, and minimum of 15 feet in the other side yard, for a total of both sides yards at not less than 25 feet. 5. It is the opinion of the Board that the relief requested for setbacks of 4.5 feet and at 5.0 feet to the property line is substantial in relation to the requirement. The percentages requested are: (a) 50% reduction on the westerly side; (b) 55% on the easterly side; (c) 62% reduction for total sideyards. No variance is being requested for the setback from the low bank or the front yard area. The setback is shown on the March 23, 1993 survey prepared by Roderick VanTuyl, P.C. to be 100 feet or more from the low bank (8' contour near the highwater mark). The front yard setback is required to be a minimum of 35 feet, and the applicant is proposing a front yard at 48 feet to gain width for the sideyards. 6. In considering this application, the Board also finds and determines: (a) that the grant of the side yard relief as requested will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; (b) that although the uniqueness of the property due to the size and character of the property do lend to the difficulties in this proposal, the percentage of relief requested for a reduction between 50% and 62% of the requirements is personal to the applicant or landowner; (c) that the variance requested is not the minimum necessary to afford relief and there is an alternative available with a greater side yard setback for minimal relief; (d) that the grant of the relief requested will set APPEALS BOARD IVIEMBERS Gerard P. Geehringer, Chaiman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wil~on Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD AugUst 20, 1993 SCOTTL. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 $outhold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Mr. Theodore Petikas 257 Stewart Avenue Bethpage, NY 11714 Re: Your Letter Concerning Regrading Land Area Landward of Proposed House Location CTM #1000-135-1-27 at Arshamomaque/L.I. Sound Dear Mr. Petikas: We are in receipt of your letter indicating that you are planning to revise your plan for grading in the above project, which is shown on the survey dated August 19, 1993 attached to your letter. The grading, as revised, does not show any change in the location of the house which was conditionally approved by the Board of Appeals June 22, 1993 under Appl. No. 4170. You may recall that the house location within 100 feet of the L.I. Sound is the jurisdiction of the Board of Appeals. The grading of the property must be done in accordance with the code requirements, and the revisions in the grade map, as revised (including changes in grades) will, however, be subject to reviews and/or further approvals from the Building Inspector, the Board of Town Trustees, the Southold Town Highway Depart-' ment, the N.Y.S. Department of Environmental Conservation, etc. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN Theodore Petikas 257 Stewart Ave. .,,Bethpage, N.Y. 11714 Aug. 19, 1993 To Whom It May Concern: I respectfully request that you grant approval to a revised plan for grading my property on the west side of Town Beach in Arshamomaque. The proposal is for a gradual slope away from the septic system on its east side, eliminating the need for a retaining wall. This regrading would involve a minimal amount of fill on the Town property in order to maintain a 5% slope within 20 feet of the cesspools. Attached is a copy of the revised plan. Thank you for your consideration of this proposal. Sincerely Theodore Petikas To: Southold Town Trustees " Building Department " Highway Department Zoning Board of Appeals Suffolk County Health Department Suffolk County Tax Map No. 1000-135-1-27 H.S. Ref No. 91-S0-102 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 August 9, 1993 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Mr. and Mrs. Theodore Petikas 257 Stewart Avenue Bethpage, NY 11714 Re: Appl. No. 4170 Zoning Setback Variance Property ID #1000-135-1-27 Dear Mr. and Mrs. Petikas: This letter is to advise that our office has received an inquiry from George H. Fisher, draftsman, who indicated he is drafting a house plan for you which would comply with the Board of Appeals' decision conditionally rendered on June 22, 1993. Attached is a copy of an excerpt from our July 22, 1993 meeting Minutes which confirms the inquiries made and favorable agreement of the Board. Please do not hesitate to call our office if you have any questions concerning the zoning setback variance. Very truly yours, Enclosure cc: Mr. George H. Fisher En-Consultants, Inc. Linda Kowalski ~age 25 - Appl. N~4177 Matter of JAMES AND~EILEEN LEDDY Decision Rendered July 22, 1993 addition by maintaining the southerly side yard at five feet (as exists for the house). VOTE OF THE BOARD: AYES: Messrs. Wilton, Goehringer, Doyen, and Dinizio. (AGAINST: Member Villa felt the new setback was not warranted under the circumstances for a porch). This resolution was duly adopted (4-1 margin)., CORRESPONDENCE: The Board Members reviewed a letter received this afternoon from George H. Fisher, the draftsman for the proposed dwelling for THEODORE PETIKAS. Mr. Fisher indicates that the applicant was given approval for a 26 ft. by 30 ft. house and that he is inquiring as to whether the following would be permitted by the Board of Appeals under its prior conditional action: 1) Can a 3'4" by 3'4" platform and steps to the lower level be added within the eight ft. side yard setback? 2) Can the owners add an 8 ft. by 6 ft. front porch With a roof in the front yard (s0~therly yard) which was not shown in the 26 x 30 footprint that was previously before the Board? 3) Will a 1'4" roof overhang on part of the dwelling be permitted to be added on the seaward side of the 26 ft. by 30 ft. house previously considered by the Board? The Board Members unanimously were agreeable to allow the above, subject to approval by the Building Inspector and any other agency having jurisdiction before commencing construction. \ DEPARTMENT OF PLANNING Town of Southold Zoning Board of Appeals COUNTY OF SUFFOLK ROBERT J. GAfFnEY SUFFOLK COUNTY EXECUTIVE July 1, ARTH KUNZ 1993 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 Co~esion are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Petikas, Theodore and Maria Mormile, Henrietta and Arthur Municipal File Number(s) 4170 4174 Very truly yours, Arthur H. Kurtz Director of Planning S/s Gerald G. Newman Chief Planner GGN:mb TRUSTEES John M. Brcdcmeycr, III, President Albert J. Kmpski, Jr., Vice President Henry P. Smith John B. Tuthill William G. Albertson Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SUPERVISOR SCOTT L. HARRIS Town Hall 53095 Main Road EO. Box 1179 Southold, New York 11971 August 27, 1993 Theodore Petikas 257 Stewart Ave. Bethpage, NY 11714 RE: SCTM ~1000-135-1-27 In response to your letter of August 19, 1993 the Southold Trustees bring to your attention their resolution of May 27, 1993 (enclosed). This resolution states that the May 24, 1993 surveywas approved by the Board of Trustees subject to any requirements of the Suffolk County Department of Health (SCDH). As the SCDH is requiring you to regrade the property in the location of the septic system, the enclosed resolution of approval covers the regrading in this area. If you have any further questions, please do not hesitate to contact'this office. V~y;ruly yours, --President, Board of Trustees JMB:3md cc: Building Dept. Highway Department Zoning Board of Appeals SCDH Theodore Petikas 257 Stewart Ave. Bethpage, N.Y. 11714 Aug. 19, 1993 To Whom It May Concern: I respectfully request that you grant approval to a revised plan for grading my property on the west side of Town Beach in Arshamomaque. The proposal is for a gradual slope away from the septic system on its east side, eliminating the need for a retaining wall. This regrading would involve a minimal amount of fill on the Town property in order to maintain a 5% slope within 20 feet of the cesspools. Attached is a copy of the revised plan. Thank you for your consideration of this proposal. .~erely, Theodore Petikas To: Southold Town Trustees " Building Department Highway Department " Zoning Board of Appeals Suffolk County Health Department Suffolk County Tax Map No. 1000-135-1-27 H.S.~Ref No. 91-SO-102 OF SOUTHOLD TRUSTEES John M. Bredemeyer, III, President Albert J. Krupski, Jr., Vice President Henry p. Smith John B. Tuthill William G. Albertson Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SUPERVISOR SCOTT L. HARRIS Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 May 27, 1993 En-Consultants, Inc. 1329 North Sea Road Southampton, NY 11968 RE: Theodore Petikas SCTM #1000-135-1-27 Dear Mr. Haje: The following action was taken by the Southold Town Board of Trustees on Wednesday, May 26, 1993: WHEREAS, Coastal Erosion Hazard Area Permit Number 135-1-27 issued March 24, 1993 originally based on the R. Van Tuyl survey of January 8, 1993; RESOLVED, That permit #135-1-27 is hereby modified subject to the an approved amended R. Van Tuyl survey required by the Zoning Board of Appeals dated May 24, 1993 and subject to: i. The Sanitary system shall remain in front of the house on the street side of the property subject to the requirements of the Suffolk County Department of Health Services. 2. Ail c~nd±tions of the Coastal Erosion permit remain in effect except for the location of the house and sanitary system. This approval does not constitute any approvals from any other agencies. Very truly yours, Br t, Board of Trustees ZBA Bldg. Dept. Health Dept. APPEALS BOARD .MEMBERS Gerard P. G~ehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. ~, Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD August 20, 1993 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Mr. Theodore Petikas 257 Stewart Avenue Bethpage, NY 11714 Re: Your Letter Concerning Regrading Land Area Landward of Proposed House Location CTM #1000-135-1-27 at Arshamomaque/L.I. Sound Dear Mr. Petikas: We are in receipt of your letter indicating that you are planning to revise your plan for grading in the above project, which is shown on the survey dated August 19, 1993 attached to your letter. The grading, as revised, does not show any change in the location of the house which was conditionally approved by the Board of Appeals June 22, 1993 under Appl. No. 4170. You may recall that the house location within 100 feet of the L.I. Sound is the jurisdiction of the Board of Appeals. The grading of the property must be done in accordance with the code requirements, and the revisions in the grade map, as revised (including changes in grades) will, however, be subject to reviews and/or further approvals from the Building Inspector, the Board of Town Trustees, the Southold Town Highway Depart- ment, the N.Y.S. Department of Environmental Conservation, etc. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Do~en, Jr. James Dinizio, Jr. Robert A. ,Vi[la Richard C. mlton 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 Pt~rsuant to Article XIV 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 Coat%ission: ×X .... Variance. from the Zoning Code, Article XXIII , Section 100-239.4A and " XXIV " 100-244B __Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section __Special Permit Appeal No: 4170 Applicant: Theodore and Maria Petikas Location of Affected Land: N/side'of Soundview Av.,Southold,NY County Tax Map Item No.: lO00- 135-1-27 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 loc~*~ new dwolling structur~ with an insufficient setback'from the bank along the Long Island Sound and sideyards at less than 25' Copies of Town file and related documents enclosed:for your review. ~opies of Town file and related documents enclosed for your review. Dated: June 30, 1993 APPEALS BOARD MEMBERS C~emrd P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Vil~ Richard C. Wiltnn Telephone (516) 765-1809 BOARD OFAPPEALS TOWN OFSOUTHOLD June 28, 1993 SCOTT L. HAR~IS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Mr. Roy Haje, President Eh-Consultants, Inc. 1329 North Sea Road Southampton, NY 11968 Re: Appl. No. 4170- Petikas/Phillipides and Others Amended Location of New Dwelling Dear Mr. Haje: 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 other agencies having jurisdiction in this project for issuance of other approvals as may be appropriate under the circumstances. We have furnished copies of this approval to the Building Department for their update and permanent recordkeeping concerning the issuance of the May 24, 1993 Notice of Disapproval. Also, since this project is located within 500 feet of the Great Peconic Bay, a copy of this file has been referred to the Suffolk County Department of Planning. Very truly yours, Linda Kowalski Enclosure Copy of Decision to: Building Department Suffolk County Department of Planning TRUSTEES John M. Bredemeyer, III, President Albert J. Krupski, Jr., Vice President Henry P. Smith John B. Tuthill William G. Albertson Telephone (516) 765-1892 Fax (516) 765-1823 May 27, 1993 En-Consultants, Inc. 1329 North Sea Road Southampton, NY 11968 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD RE: Theodore Petikas SCTM ~1000-135-1-27 SUPERVISOR SCOTT L. HARRIS Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Dear Mr. Haje: The following action was taken by the Southold Town Board of Trustees on Wednesday, May 26, 1993: WHEREAS, Coastal Erosion Hazard Area Permit Number 135-1-27 issued March 24, 1993 originally based on the R. Van Tuyl survey of January 8, 1993; RESOLVED, That permit #135-1-27 is hereby modified subject to the an approved amended R. Van Tuyl survey required by the Zoning Board of Appeals dated May 24, 1993 and subject to: 1. The Sanitary system shall remain in front of the house on the street side of the property subject to the requirements of the Suffolk County Department of Health Services. 2. Ail conditions of the Coastal Erosion permit remain in effect except for the location of the house and sanitary system. This approval does not constitute any approvals from any other agencies. Very truly yours, · Br President, Board of Trustees ZBA u/ Bldg. Dept. Health Dept. 95-20~, (10/90}-- 25c DEC PERMIT NUMBER 1-4738.00424/0000 l-O NI W~K STATE DEPARTMENT OF ENVIRONMENTAL CONSEi PERMIT Under the Environmental Conservation Law (ECL) EFFECTIVE DATE May 28, 1992 EXPIRATION DATE May 31, 1995 TYPE OF PERMIT (Check All Applicable Boxes) [] New [] Renewal r~ Modification [] Permit to Construct [] Permit to Operate J--'~ Article 15, Title 5: Protection o! Water [~--] Article 15, Title 15: Water Supply -- Article 15, Title 15: __ Water Transport Article 15, Title 15: Long Island Wells Article 15, Title 27: Wild, Scenic and Recreational Rivers 6NYCR8 608: Water Quality Certification Article 17. Titles 7, 8: SPDES Article 19: Air Pollution Control Article 23, Title 27: Mined Land Reclamation Article 24: Freshwater Wetlands Article 25: Tidal Wetlands Article 27, Title 7; 6NYCRR 360: Solid Waste Management [~"-I Article 27. Title 9; 6NYCRR 373: Hazardous Waste Management [--'~ Article 34: Coastal Erosion Management ~'--1 Article 36: Floodplain Management -- Articles 1, 3, 17, 19, 27, 37; __ 6NYCRR 380: Radiation Control ~'~1 Other: PERMIT ISSUED TO TELEPHONE NUMBER Nicholas Petikas ADDRESS OF PERMITTEE 257 Stewart Ave., Bethpage, NY CONTACT PERSON FOR PERMITTED WORK NAME AND ADDRESS OF PROIECT)FACILITY 11714 j~l~: I~N~S~eRo.~ ( SI§ 283-6360 ~tl~taatlptoa, New York 1].96~: LOCATION OF PROJECT/FACiLITY Middle Road COUNTY TOWNJ~'~J~E WATERCOURSE~ETLANDNO NYTMCOORDINATES Suffolk Southold Long Island Sound E: N:4 DESCRIPTION DE AUTHORIZED ACTIVITY Construct a single family dwelling, install underground utilities, construct a retaining wall, and place 475 cubic yards of clean fill. All work shall be in accordance with the attached NYSDEC approved plan. By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, the General Conditions specified (See Reverse Side) and any Special Conditions included as part of this permit. Deputy ReKional PERMIT ADMINISTRATOR ADDRESS David DeRidder '~to~ ~, DATE ^UT.OR,ZED S,CNATURE/~Z~f.~. /(,~v~A~) 5128192 Pa[e I of ~ GENERAL CONDITIONS Inspections 1. The permitted site or facility, including relevant records, is subject to inspection at reasonable hours and intervals by an authorized representative of the Department of Environmental Conservation (the Department) to determine whether the permittee is complying with this permit and the ECL. Such representative may order the work suspended pursuant to ECL 71-0301 and SAPA 401(3). A copy of this permit, including all referenced maps, drawings and special conditions, must be available for inspection by the Department at all times at the project site. Failure to produce a copy of the permit upon request by a Department representative is a violation of this permit. Permit Changes and Renewals 2. The Department reserves the right to modify, suspend or revoke this permit when: a) the scope of the permitted activity is exceeded or a violation of any condition of the permit or provisions of the ECL and pertinent regulations is found; b) the permit was obtained by misrepresentation or failure to disclose relevant facts; c) new material information is discovered; or d) environmental conditions, relevant technology, or applicable law or regulation have materially changed since the permit was issued. 3. The permittee must submit a separate written application to the Department for renewal, modifica. tion or transfer of this permit. Such application must include any forms, fees or supplemental infor- mation the Department requires. Any renewal, modification or transfer granted by the Department must be in writing. 4. The permittee must submit a renewal application at least: a) 180 days before expiration of permits for State Pollutant Discharge Elimination System (SPDES), Hazardous Waste Management Facilities (HWMF), major Air Pollution Control (APC) and Solid Waste Management Facilities (SWMF); and b) 30 days before expiration of all other permit types. 5. Unless expressly provided for by the Department, issuance of this permit does not modify, supersede or rescind any order or determination previously issued by the Department or any of the terms, con- ditions or requirements contained in such order or determination. Other Legal Obligations of Permittee 6. The permittee has accepted expressly, by the execution of the application, the full legal responsibili. ty for all damages, direct or indirect, of whatever nature and by whomever suffered, arising out of the project described in this permit and has agreed to indemnify and save harmless the State from suits, actions, damages and costs of every name and description resulting from this project. 7. This permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work nor does it authorize the impair- ment of any rights, title, or interest in real or personal property held or vested in a person not a party to the permit. 8. The permittee is responsible for obtaining any other permits, approvals, lands, easements and rights. of-way that may be required for this project. Page 2 of ~ 95-20-6a (10/90)-- 25c ADDITIONAL~ GENERAL CONDITIONS FOR ARTICLES 15 (Title 5), 24, 25, 34, 36 and & NYCRR Parl 608 ( 9 That i~ future operations by the State of New York require an al- teration in.the position of the structure or work herein authorized, or iR in the opinion of the Department of Environmental Conservation 13 it shall cause unreasonable obstruction to the free navigation of said waters or flood flows or endanger the health, safety or welfare of the people of the State, or cause loss or destruction of the natural resources of the State. the owner may be ordered by the Department to remove or alter the structural work. obstructions, or hazards caused 14 thereby without expense to the State, and if, upon the expiration or revocation of this permit, the structure, fill, excavation, or other 15 modification of the watercourse hereby authorized shall not be com- pleted, the owners, shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore to its former condition the navigable and flood capacity of the watercourse. No claim shall be made against the State of New York on account of any such removal or alteration. 16 10 That the State of New York shall in no case be liable for any damage or injury to the structure or work herein authorized which may be caused 17 by or result from future operations undertaken by the State for the conservation or improvement of navigation, or for other purposes, and no claim or right to compensation shaJl accrue from any such damage. 11. Cranting of this permit does not relieve the applicant of the responsi- bility of obtaining any other permission, consent or approval from 18 the U.S. Army Corps of Engineers, U.S. Coast Cuard, New York State Office of Ceneral Services or local government which may be required. 12 All necessary precautions shall be taken to preclude contamination of any wetland or waterway by suspended solids, sediments, fuels, solvents, lubricants, epoxy coatings, paints, concrete, [eachate or any ) other environmentally deleterious materials associated with the project, Any material dredged in the prosecution of the work herein permitted shall be removed evenly, without leaving large refuse piles, ridges across the bed of a waterway or floodplain or deep holes that may have a tendency to cause damage to navigable channels or to the banks of a waterway. There shall be no unreasonable interference with navigation by the work herein authorized. If upon the expiration or revocation of this permit, the project hereby authorized has not been completed, the applicant shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore the site to its former condition. No claim shall be made against the State of New York on account of any such removal or alteration. If granted under Article 36, this permit does not signify in any way that the project will be free from flooding. If granted under 6 NYCRR Part 608, the NYS Department of Environ- mental Conservation hereby certifies that the subject proiect will not contravene effluent limitations or other limitations or standards under Sections 301,302. 303, 30~ and 307 of the Clean Water Act of 1977 (PL 95-217) provided that all of the conditions listed herein are met. Ail activities authorized by this permit must be in strict conformance with the approved plans submitted by the applicant or his agent as part of the permit application. Such approved pJans were prepared by on SPECIAL CONDITIONS 1. There shall be no disturbance to vegetation or topography greater than 25' seaward of the north side of the dwelling. 2. There shall be no decks or structures constructed on the north side of the structure. 3. Sanitary system must be constructed a minimum of 2' above seasonal groundwater. 4. During construction, no wet or fresh concrete or leachate shall be allowed to escape or be discharged, nor shall washings from transit mix trucks, mixers, or other devices be allowed to enter tidal wetlands. 5. Any deDris or excess material from construction of this project shall be completely removed from the adjacent area (upland) and removed to an approved upland area for disposal. debris is permitted in tidal wetlands. No 6. The storage of construction equipment and materials shall be confined to within the project work site and/or upland areas greater than 75 linear feet distant from the tidal wetland boundary. DEC PERMIT NUMBER 1-4738-00424/00001-0 PROGRAM/FACILITY NUMBER Page ~ of ~ NEW~RK STATE DEPARTMENT OF ENVIRONMENTAL CONSE~TION SPECIAL CONDITIONS For Article 25 ( Tidal Wetlands 7. If seeding or soil stabilization is impracticable due to the time of year, a temporary mulch shall be applied and final seeding shall be performed at the earliest opportunity when weather conditions favor germination and growth, but not more than six months after project completion. 8. To protect the values of the tidal wetland, a permanent vegetated buffer zone shall be established. There shall be no disturbance to the natural vegetation or topography within an area extending 53 linear feet landward of the tidal wetland boundary. 9. Driveway and parking areas shall be constructed of pervious material. 10. Roof runoff shall be directed to drywells a minimum of 100 feet landward of the tidal wetland boundary for immediate on- site recharge. 11. Road, driveway, and/or parking areas shall be graded to direct runoff away from tidal wetlands. 12. No decks, accessory structures, or additions will be permitted without further approval of the Department. 13. Project must comply with all local and federal floodplain regulatio~s. i4.AI1 fill shall consist of "clean" gravel and soil (not asphalt, slag, flyash, broken concrete or demolition debris). SL~p~,lemet~tary Special Conditions (A) thru (J) attached. DEC PERMIT NUMBER ]-6738-00~2~/00001-0 FACILITY ID NUMBER PROGRAM NUMBER r~na-e 4 of 5 95-20-6 (10190)-- 25c DEC PERMIT NUMBER 1-6738-00626/0000 I-0 FACII.!TY/PROG RAM NUMBER(si NEW0 STATE DEPARTMENT OF ENVIRONMENTAL CONSEg~ON PERMIT Under the Environmental Conservation Law (ECL) EFFECTIVE DATE May 28, 1992 EXPIRATION DATE May 31, 1995 TYPE OF PERMIT (Check All Applicable 8oxes) J~New J--]Renewal r-]Modification r'-JPermil to Construct r-]Permit to Operate Article 15, Title 5: Protection of Water Article 15, Title 15: Water Supply Article 15, Title 15: Water Transport Article 15, Title 15: Long Island Wells -- Article 15, Title 27: __ Wild, Scenic and Recreational Rivers 6NYCRR 608: Water Quality Certification -- Article 17, Titles 7, 8: __ SPDES Article 19: . Air Pollution Control Article 23, Title 27: Mined Land Reclamation Article 24: Freshwater Wetlands Article 25: Tidal Wetlands -- Article 27, Title 7; 6NYCRR 360: __ Solid Waste Management -- Article 27, Title 9; 6NYCRR 373: __ Hazardous Waste Management r-~-~ Article 34: Coastal Erosion Management -- Article 36: __ Floodplain Management r-~--] Articles 1, 3, 17, 19, 27, 37; 6NYCRR 380: Radiation Control [~---J Other: PERMIT ISSUED TO TELEPHONE NUMRER Nicholas Petikas ( ) ADDRESS OF PERMITTEE 257 Stewart Ave., Bethpage, NY 1t714 CONTACT PERSON FOR PERMITTED WORK A'~"'~)~J~J,'JU, JJ","~I~'~''['~, MO. NAME AND ADDRESS OF PROJECT/FACILITY ~J~J~! ~Te~' ~'oJ"J[ 11~J~ ( 514 283-6360 LOCATION OFPROJECTJFACILITY Middle Road COUNTY TOWN/~JGJJOJXCE WATERCOURSE/WETLANDNO. NYTMCOORDINATES Suffolk Southold Long Island Sound E:__ N;4 DESCRIPTION OF AUTHORIZED ACTIVITY Construct a single family dwelling, install underground utilities, construct a retaining wall, and place 475 cubic yards of clean fill. Ail work shall be in accordance with the attached NYSDEC approved plan. By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, the General Conditions specified (See Reverse Side)and any Special Conditions included as part of this permit, Deputy ReKional L~oljul. ato~Y A~al='~ PERMIT ADMINISTRATOR ADDRESS ~ '! · JJJ~jj,, 4v ~1 ~ .7, '~.' David DeRidder 'Ston~ ~oo~, 1i0¥. ll~i~.~6 AUTHORIZED 5,GNATURE//j~.~/.~ /,,~ DATE 5/28/92 Page 1 of 5 .t t, ........ NOTICE OF NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the TowB Law and the Code of the Town of Southold, that the following public hearings will be held by the SOUTHOLD TOWN 'BOARD OF-APPEALS, at' the Southold Tow~n. Hall, 53095 Main Road, Southold, New York 119'/1, on TUES- DAY, JUNE 22, 1993 com- mencing at the times specifi.~d below; ,1, 6~ :~ '~ ,1.7:30 p.m, Appl. No. 4172 - IANET A. FERGUSON. Request for' Variance to the Zoning Ordinance, Article Section 100-101 (Bulk Schedule) for ,permission to construct, single-family residence (ih lieu of construc- ting 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. property: Westerly side of ,Central Avenue ,Fishers ~ lslan~l NY; County Ta~ Map .Pa. rcel No. 1000-066-008-006. ' 2 & 3.7:35 p.m. THOMAS :,-~*c B,U. CKNER,' ,Property' ; Lqcation:. Private Road off East End Road, Fishers Islgnd, NY; County Tax Map Parcel No. 1000-010-05-2.2. {a) ApPl. No. 4152- Requesfl for a variance undei; Article XXIII, Section I00-239.4{C) to permit addition to dwelling with an insufficient setback from freshwater wetlands; (b) Appl. No. 4!71 - 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 setbadk in this R-120 zone ~district ~{'2~ 7t40 p.m. Appl. KATHLEEN variance under'Article IliA, Section 100-30A.4 (100-33) for permission to locate aceessor~ 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 1000-83~2-19.7.. ~ ~-5~ 7:45 p.m. Appl. No. 4173 - CROSS STITC_H CAT LTD.I 'and ALLBOBRICK REALTY CORP Request for a of square footage/dimensions of second ground sigh, as pro- posed. Location of Property: 13400 Main Road, Mattituck, NY. Subject premises is zoned H~mlet-Business and is iden- tified al .Suffolk County Tax ,~ Map ' parcel ;~' No, 1000-114-11-9.3.. ~ ~ i:¢ ¢:~ ~).~ 6. 7:50 p.m. APpl. 'No. 217~ - THEODORE AND MARIA PETIKAS (as rcontract vendees). (Owners: .John, Phillipedes, and others). Re* quest for Variance to the Zon- ing Ordinance, Article XXIII, Section 100-239.4A, and Arti- cle XXIV,: Section 100-2448, 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. thru considerc..d and alternatively granted un: der Appeal No. 4078 rendered ,April.22, 1993. Property: .~ North ·Side 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 AR- THUR MORMILE. Request for Variance to the Zoning Or- dinance, Article .IliA, Section 100-30A.3 for approval of nonconforming lot area of two parcels in the pending ap-~ plication for re-division of land. Location of Property: 270 Privgte Road, .#6, Laurel NY; County Tax .Map Parcel No. 1000-1284-9, !5 and 16. Total area combined is approx, mately 23,000.square. feet.; · ~g ;8. 8:00 ?m. Appl. No. 4176 . '-~ '~0HN AND C'6NSTANCE' ~RONIN,2~Reituest 7:for Variance to the Or- : 1000~018:06-005. · Sub dinance4A'ffiHe, IllA, Section prem scs COnsists of 100-30A.3 ,for approval of ~.acres'and is located in the R-80 deck with ~sufficlent rear and Zone Distri~l;:~ side yards and in excess of lot coverage limitation. Location of Property:'1055 Old Orchard Lane, East ,Marion, NY; County Tax Map Parcel No. 1000-37-3-7. ~, ?~,~ ~ 9. 8:05 ARSLANYAN. Request .Varian&~ t6 Ihe Zoning din~nCe, Article XXIll, Sec~ tion :, !00-239.4 as~ amended May 20, 1993 for ' ~' tO construct open deck-spa ad- dition with an insufficient set- back from the bank along the LOng' Island Sound. The area and v~idth,0f, this ~a are nonconforming and are located in the R-,10 Residential Zone~ District. :~Location'~of pr°pdr, tY~15:4455/Cbunty Road ~8, · i~ Greenp0rt, :y(near Southold); County Tak' ~Map Parcel N0~ 1000-52-1-8i Ms° referred to as combined Lot #1 & 2 6h the Land .M~,ap 0c Young & G0~dale, ": ;i.i;i '~~: ; ',10. 8:10 p.m. PATRICIA' STIEFER. This is an APpeal of the June 2; i993 Netiee o~' Disapproval issued Bui!dihg Board and'all pers6n~ or relJreSen~ tatives desiring the: aboX;e · matter~.'!;Written ?omments may:,'also be~ hiitted ptiolqo the ¢onfilusion ~of the lubject: hearing'. ~Each ihear ng wil!:ii6t"'staH' need to request more infohna- tion, please earl 765,1809 visit OUr Office Dated: June 8, 1~93, , (~ ~!i iy~: !,i. BY ORDER OF'THE ~,~}~i;i~: ~., SOU TH 0 L D TOWN ?{~BOARD OF ,APPEALS GERARD P: GOEHRINGER "" at SecHofi ;of 133658 acrds~',' i I 1.8:20 p.m~ GORDON Reversal of · Building' Permit #21375Z~ issued by the Building Inspec- tor On April 29, 1993 to Mark" an,d M~ary B,e,ss :Phil!ipt~; ::owners, on the grounds that .:~apPlicant misrelJ~e~ent~d t,haf' the proposed use 'ls an agncu tural building, Article III, Section 100-31A(2) of the i Zoning Ordinance. Locati?n ~of Proper[Y: 24850 Main ~..~o~.d ¢~(S~R.~ .2;5)', ~rient,i NY;'~Cddii~ "~y' VFa'~ r'Mab~ P~rC~l ~N63 COUNTY OF SUFFOLK STATE OF NEW YORK 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 ~he annexed is a ~rinted copy, has been published in said Long Island 'l'rageler. Watchman once each week for ......... .' ....... ~.'.../.I..... weeks successivel ~,, comm. encing on the ........ /~d ~ ':.1~i'.~. '....; .......... 19...~.. . .. Sworn ~o before me Ibis ..................... day of ......... ....... ~ ~ NOTICE OE~-~q~~) PUBLIC HEARINGS, ~ ~ GIVE'I,, pursuant to. Section~ 267 of the Tow~ ~w and the~ Cod~ ,.,9~ ~he Town,.,; Southoid~ t~at the following pubic ~ofin~ wifl ~ held ~ the SOUTHOLD' TOW~ BOARO, OF ~PEAL~ the Southold Tow~ Hall, B095 Main Road, Southold,. New York 119~1, on TUES- Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, State of Kew York No. 4806-346 Qualified in Suffolk Count)' Ct)m mission Expires variance under'Article IIIA;i ;ection 100-30A.4 (100-33} for ~ ~ermission to locate accessor~ iarag6 in the front yard area~ this parcel techr~ically bas two~ front yards. Location of Pro-~ perry: 3180 Duck pond Road~ Cutcbogue Ny;~ County:. Tax"~ MAP:, Parcel~ No,~ 1000,83~2-19/~.~ ~ ~:::: .' ~ ~5i 7:45 p.m. Appl. No. 4173 - CROSS STITCH CAT LTD. and ALLBOBRff2K REALTY'. CORP. Request for approval' of square footage/dimensions~ of second ground sign, as pro~3 posed. Location of Property: '. 13400 Main Road, Mattituck,i NY. Subject premises is zoned~ Hamlet-Business an~l is iden- variance tol ihe Zoning Or- dinance, Afiicle IliA, Section 100-30A.3 for approval of deck wRh insUfficientrear and~ side yards and in excess of lot coverage limitation. Location of Prope~y: 1055 Old Orchard Lane, East /Marion, NY; county Tax Map Parcel No. 1000-37-3-7~ ~','~'~ ~ :: ~.~;~,,1;~ % 8:05 ' p.m~. VARUJAN ARSLANYAN. Request for Variance i0 the Zoning' or~ dinance, Article XXII1, tion 100-239.4 as amended~ May 20, 1993 'f°r Permissi°Or to construct open deck-spa ad7 dition with an insufficient set-. back from the bank along the' Long Island Sound. The area and Width Of this parctfl.~ are nonconf6rniing and are located in the R40 ResidenUal d as Suffolk CoUnty Map ' Parcel No. Zone District~cation .of~ -114-11-9.3.. ',, ~ Property: 5445~unty Road 6. 7:50 p.m. Appl. No. 41 48, Greenport (near i000-011~06;005.: gubject: pCemises consists of 10.5¥: acres and is located in;he R-80 Zone Distriet'-'~;;~(~:r~~:3~ :: ~" The Board of Appealg wi~F! at said time and place hear any ' and all persons or represen- - tatives desiring to be heard on/ the ab°Ve matters. Written comments may also be sub- mitted prior to the conclusion of the subject bearing. Each hearing will not start the times des~'~ated ab°ye- If: you wish to review the files or4 need to request more informa-' tion, please call 765-1809 or visit our offiee~,~(:'c.!~r~,q~: Dated: June 8, 1993, ., BY ORDER OF THE % :' ~ SOUTHOLD TOws ~ ~ · BOARD OF XPPEALS GERARD P. OOEHRINOER · i . CHAIRMAN ,' ~by Linda Kowalski 1X-6/10/93(49) APPEALS BOARD MEMBERS Gerard R C~oehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa P~h,~d C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOV~N 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 1993 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 at 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 to 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 h~Ve any questions or wish to update your file prior to the hearing date. Yours very truly, Linda Kowalski Enclosure Copies of the Legal Notice for 6/22 Hearings to: Hand Delivery to L.I. Traveler-Watchman Office on for publication Fax Transmission to Times-Review (courtesy copy) 6/8 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: G. Price) APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. ob A. i 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 May 20, 1993 -q.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 4170 Project/Applicants: County Tax Map No. Location of Project: Theodore Petikas 1000- 135-1-27 52755 CR 48, Southold, NY Relief Requested/Jurisdiction Before This Board in this Project: Construct one-family dwelling within lO0' of bank on Long Island Sound and also sideyard setback This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted; however, Section 617.13 of 6 NYCRR Part 616, and Section 8-0113 of the Environmental Conservation Law, this variance application falls under the Type II classification as established by law. Further, this Department may not be an involved agency under SEQRA {Section 617.13{a) as amended February 14, 1990}. Although this action is classified as Type II for this variance application under SEQRA {specifically 617.13, 616.3(j), and 617.2(jj)), this determination shall have no affect upon any other agency's interest or SEQRA determination as an involved agency. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. Original posted on Town Clerk Bulletin Board, Town Hall Copies to applicant or his agent and individual board members. Copy placed in ZBA project file for record purposes. mc JUDITH T. TERRY 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 May 26, 1993 ZONING APPEAL APPL. NO. 4170 - THEODORE PETIKAS Transmitted herewith is Zoning Appeal Appl. No. 4170 - THEODORE PETIKAS together with the Notice of Disapproval from the Building Department, a copy of the Permit from the NYS DEC, and a copy of the survey map. Judith T. Terry Southold Town Clerk Parties: Persone~ Property: WARNING: NO REPRESENTATION IS MADE THAT THIS FORM OF CONTRACT FOR THE SALE AND PURCHASE OF REAL ESTATE COMPLIES WITH SECTION 5-702 OF THE GENERAL OBLIGATIONS LAW ("PLAIN ENGLISH"). CONSULT YOUR LA~o/'ER BEFORE SIGNING IT. NOTE: FIRE AND CASUALTY LOSSES: This .contract form does not provide for what happens in the event of {ire or casualty loss before the title closing. Unless different provision is made in this contract, Sect/on 5-1311 oI the General Obligations Law will apply. One part of t.hat law makes a purchaser responsible for/ire and casualty ]oss upon taking of title to or possession of the premises. CON'Ile~,CT OF SALE made as of the 35 Avalc~ Read Garde~ CL~y, I~/ 11530 Address: day of Bele~ Nant8 8 ~a~well ~ _a~ City, li~ ~.J~t I les S~hb/agls 159 t~v l{lMe Pazk ~ 11530 _t~_~k~ C/t~, lq~ 11530 Address: 257 Ste~mrt Avenue ~, I~ 11714 hereinafter called "PURCHASER", who agrees to buy: The property, including all buildings and improvements thereon (the "PREMISES") separate page marked "Schedule A') and also known as: Street Address. Rt. ~48 and ,~slllc~les~ Av,anue, ~P. lthOld, NY 11971 Se~. 135, BIoC~k 1, ~ 27 Tax Map Designation: (more fully described on a Together with Sk'iI.I.EH'S interest, if .any, in streets and unpaid awards as set forth in Paragraph 9. and clear of any lien other than the EXISTING MORTGAGE(S)~ limited to plumbing, heating, lighting and cooking fixtures~enetian blinds, shades, screens, awn~gpoles, pumps, shrubbery, [] femclng, out sheds, dishwashers, washing machines, clothes dryers, garbage disposal units, ranges, Pdce : Excluded from this sale are: Furniture and household furnishings, S90,000.00 1. a. The purchase price is payable as {ollows: On the signing of this contract, by check subject to collection: $ 6,000.00 By allowance for the principal amount still unpaid on EXISTING MORTGAGE(S): $ By a Purchase Money Note and Mortgage from PURCHASER (or assigns) to SELLER: BALANCE AT CLOSING: $ 84,000.00 modified in good faith. The Purchase Money Note and Mortgage shall be drawn on the TICOR~.T.1-T'L~UARANTEI:: COMPANY stan,dard form by the attorney for SELLER. PURCHASER shall pay the mort~g~rding tax, recording fees aod the attorneys fe:s in the amount of $ . ,~~.. ~ ....... c. If any reqmre, d payments are made on an EXI~ORTGAGE between now and CLOSING which reduce the unpaid pr. mcipal amount Or--wu in Paragraph 2~ then the balance of the puce payabl~hown in- Piragr'aph 2 is reasonably co__GE fill.be made~ w . . or in. urance, S~ll pay the amodnt i~i :cepta&le mds: ;ub/ect to~ .ovisians: ide Company pproval: losing ~efmed and nrta of Deed: 'losing late and Place: :roher: ;fleets and tsslgnment ,! ]npald fwards: 7ertificate :oExistlng $fortgage(s): Compliance dth State md Municipal Department Violations ~nd Orders: Omit il the Property is Not ~a ~he Ci~, ol Ne~o York: Installment Mortgage now in the unpaid~cipal amount of $ per cent per ~ presently payable \~n in~llallmeh'~-of Whxch include principal, interest, Sm~r~ ER her~equlre its l~Len;iaf?~aSfmlNe~(~t iMn(~u~lTGoArGtoE :;annt~len~n~nYot~:;vt~°mn t~hearteore~;nitr~a~oh~ oh~ltd;er f~fcttho~ 3. All money payable under this contract, unless otherwise specified, shall be either: a. Cash, but not over one thousand ($1,000.00) Dbllars, b. Good certified check of PURCHASER, or official check of any bank, savings bank, trust company, or savings and loan association having a banking office in the State of New York, payable to the order of SELLER, or to the order of PURCHASER and duly endorsed by PURCHASER (if an individual) to the order of SELLER in the presence of SELLER or SELLER'S attorney. e. Money other than the purchase price, payable to SELLER at CLOSING,( up to the amount of of PURCHASER ) dollars, or d. As otherwise agreed to in writing by SELLER or SELLER'S attorney. 4. The PREMISES are to be transferred subject to: a. Laws and governmental regulations that affect the use and maintenance of the PREMISES, provided that they are not violated by the buildings and improvements erected on the PREMISES. b. Consents for the erection of any structures on, under or above any streets on which the PREMISES abut. o. Encroachments of stoops, areas, cellar steps, trim and cornices, if any, upon any street or highway. ,hi r~put~hle t-ttle 5. SELLER shall give and PURCHASER shall accept such title as ~ COMPANY will be willing to approve and insure in accordance with the standard form of title po]icy approved by the New York State Insurance Department, subject only to the matters provided for in this contract. 6. "CLOSING" means the settlement of the obligations of SELLER and PURCHASER to each other under this ]~ll includinu, the. vavaneut.of the nurchase, orice ~o SELLER, and the delivery to PURCHASER of a ~ ~[S.~ ~ ~.I:11 ~r'~l~W.~ V., ~/~..s,~z-~ deed in proper statutory forn~ for recording so as to transfer full ownership (fee simple title) to the PREMISES, free of all encumbrances except as herein stated. The deed will contain a covenant by SELLER as required by Section 13 of the Lien Law. If SELLER is a corporation, it will deliver to PURCHASER at the time of CLOSING (a) a resolution of its Board of Directors authorizing the sale and delivery of the deed, and (b) a certificate by the Secretary or Assistant Secretary of the corporation certifying such resolution and setting forth facts showing that the transfer is in conformity with the requirements of Section 909 of the Business Corporation Law. The deed in such case shall contain a recital sufficient to establish compliance with that section. 7. CLOSING will take place at the office of S~ll~rt~ 5ttlol'l~y at o'clock on or P..bo,.~: F~l~l'tk'tt~ 15~ , 19 92 8. PURCHASER hereby states that PURCHASER has not dealt with any broker in connection with this sale other than Paul ,3'. Beffernan Real ~t~at~ and SF.I.I.ER agrees to pay the broker the commission earned thereby (pursuant to separate agreement). 9. This sale includes all of SF..I.LER'S ownership and rights, if any, in any land lying in the bed of any street or highway, opened or proposed, in front of or adjoining the PREMISES to the center line thereof. It also includes any right of SELLER to any unpaid award by reason of any taking by condemnation and/or for any damage to the PREMISES by reason of change of grade of any street or highway. SELLER will deliver at no additional cost to PURCHASER, at CLOSING, or thereafter, On demand, any documents which PURCHASER may require to collect the award and damages. 10. SELLER agrees to deliver to PURCHASER at CLOSING a certificate dated not more than thirty (30) days before CLOSING signed by the holder of each EXISTING MORTGAGE, in form for recording, certifying the amount of the unpaid principal and interest, date of maturity, and rate of interest. SELLER shall pay the fees for recording such certificate. Ii. the holder of a mortgage is a bank or other institution as defined in Section 274-a, Real Property Law, it may, instead of the certificate, furnish an unqualified letter dated not more than thirty (30) days before CLOSING containing the same information. SELLER hereby states that any EXISTING MORTGAGE will not be in default at the time of CLOSING. 11. a. SELLER will comply with all notes or notices of violations of law or municipal ordinances, orders or requirements noted in or issued by any governmental department having authority as to lands, hoesing, buildings, fire, health and labor conditions affecting the PREMISES at the date hereof. The PREMISES shall be transferred free of them at CLOSING and this provision shall survive CLOSING. SELLER shall furnish PURCHASER with any authorizations necessary to make the searches that could disclose these matters. !2. !_: _~! *l'e +:~ ^r r'! ~qlhlU. ,I,o PI~I;'MI~I;'q ~,r~_.~tIeOod by a~ assessment which is or may ~mo ~yable-is RIDER TO CONTRACT FOR SALE OF PREMISES PREMISES: Route 48 and Sondview Avenue Southold, New York DATE~: . ,1991 ....... 25 · 'This sale is subject to any state of facts that an accurate survey may show provided title is not . thereby rendered unmarketable. 26. This sale is subject to covenants, utility easements, restrictions and reservations, if any, contained in instruments of record. 27. The purchasers have examined the premises agreed to be sold and are. familiar with the physical condition thereof. The sellers have not made and do not make any representations as to the physical condition or any other matter or thing affeoting or related to the aforesaid property, except as herein spepi~cally set forth, and the purchasers hereby acknowledge that no-§hch representations have been made, and the purchasers further ackDowledge that 'they have inspected the property and agree to take the same "as is", reasonable wear and tear excepted with no warranties as to the condition thereof. 28. This contract shall be subject to and conditioned upon the ability of the Purchasers to secure a building permit for a one family residence. Purchasers agree to pay all costs and expenses in connection with said application and further agree to make prompt and deligent application for the same. orIn said building permit is not obtained on or e~ Janus.~ ...... ~ 15, 1992, then this contract may be cancelled by either party serving written notice to that effect upon the other party. If there is a rejection by the municipality, the purchasers agree to provide copies of all correspondence relating thereto to the seller. 29. The parties agree that if for any reason whatsoever, except seller's willful default, sellers are unable to deliver to purchasers a good and marketable title in accordance with the provisions of this Contract, and subjet to the matters set forth in this Contract, sellers shall not be required to bring any action or proceeding or otherwise incur any expense to render the title to the premises marketable, and if purchQ~Fs shall refuse the same, sellers may resc~in~ ~h~ Cnntra~, and upon returning to the purchasers the down payment made on the signing of this Contract a~d the net title company expenses for the examination of title, all further liability on the part of the sellers hereunder shall case and termidate and this Cont'ract shall become cancelled and, of no further force and effect, and the sellers shall not be liable for any other costs or damages whatsoever. 30. Anything to the contrary herein notwithstanding, the sellers shall not be required to comply with notice or notices of violation..~.of law.- or municipal ordinances, orders or requirements 'noted in or issued by the D~partment of Housing and Build£ngs, Flre, Labor, Health or other state or municipal department hav'tng jurisdtctio~ against or affecting the premises,~z~he reasonable cost to cure such violation shall exceed .~. If such reasonable cost shall exceed $~38=~0 and sellers elect not to cure the same, sellers'shall notify purchasers and purchasers shall have the option to take title without abatement of the 'purchase price or to rescind the Contract and obtain a refund of the down payment. 31. This Contract shall not be assigned without the written consent of the seller. 32. The parties agree that any notices that may be required under this Contract may be given by and to the respective attorneys herein. 33. The down payment tendered shall be held in escrow by seller's attorney until title closes or sooner termination of this Contract in accordance with its terms. 34. This Contract does not bind the sellers unless and until they have signed the same. 35. In the event of a dispute between the parties concerning the terms of this Contract, it is agreed that the down payment being held in escrow will be deposited in a court of competent jurisdiction _to -which the parties seek to resolve their dispute. The parties agree that seli~r~-§~'~'~t~-rl~ryj, as escrow agent herein, shall not be named a defendant in any such action ~and that the depositing of the escrow into court shall constitute 'full performance of the escrow agent and. relieve him of an.y future liability. ~/~ ' , ......... x-'r gEL ER SECOND RIDER to contract by and between JOHN PHILLIPEDES~, HELE~ MANIS and ACHILLE~ ~TACHTIARIS, "~ellers" and THEODORE PETIKAS and MARIA PETIKAo, "P~rchasers".~ 1. The contract closing date recited in clause no. 7 is hereby changed to "on or about l0 days ~after the purchasers have obtained the building permits". 2. Clause no. 12 is hereby reinstated. Clause no. 28 is amended as follows:- "This contract shall be subject to and conditioned upon the ability of the purchasers to secure building permits for a two-story single-family dwelling of minimum dimensions 26 feet x 30 feet. Purchasers agree to pay all costs and expenses in connection with said application and further agree to make prompt and diligent application for the same.· In the event said building permits are not obtained on or before ~ 1st, 1992, the parties agree that the purchasers shall h~the sole right and option to extend the time for the purchasers to obtain said building permits for a period of four (4) months provided that in the opinion of Mr. Roy Haje of EN Consultants, Inc., 1329 North Sea Road, Southampton, New York 11968, such additional time is needed. Sellers shall have the .right, at their discretion, to demand written monthly progress ,, reports of Mr. Roy Haje during said four month extension of time. £URCHA6ER Rider* which may be used with Standard NYBTU Form 8041, rev. 11/78 SCHEDULE A (Description of Premises) All that certain plot, piece or parcel of land, with the buildings and improvements thereon '-:. erected, situate, lying and being ~ at Arshamonogue, in the Town of Southold, ~ ~i:.. County of Suffolk and State of New York bounded and described as follows: BEGINNING at a point on the northerly side of Middle Road (Kings Highway) where it.ls intersected by the easterly line of land now .}~*~ii~ or formerly of Du~.i~; Running thence along said last mentioned land, north 13 degrees 57 minutes 10 seconds west, 250.00 feet to the high water mark of Long Island Sound; , Thence easterly along the .h_i_gh water mark of Long Island Sound nort]~ 64 degrees 55 minute~-00--~econds east, 64~92 fcct'%o ,the !=n~ n~w or formerly of Town of Southold; Thence along said last mentioned land, south 5 degrees 58 minutes 10 seconds east, 255.0 feet to the northerly side 'of Middle Road; Thence along the northerly side of Middle Road, south 56 degrees 35 minutes 50 seconds west, 30 'feet to the point or place of Beginning. :.:~.,: ...... ~ ~ ,, . ... This form is distributed as a convenience b pportion. 'aterMeter eadings: Unpaid rice to ay §idavit as , ]udgrnentz. ankruptciez 'eed Tra~[er ~d iecording nability to 'ondidon t 'roperty: lust be in ~riging: ;ingular tlso Meant tioned as of midnight of t~ he day before ING: *- .." "· Id) xc:, wa?er'cl, r' ' es'/.d' ' sewer ten,, on the basis of the fiscal period for which assessed. Ii CLOSING shall occur before a new tax rate is fixed, the apportionment of taxes shall be upon the basis of the old tax rate for the preceding period applied to the latest assessed valuation. Any errors or omissions in computing apportionments at CLOSING shall be corrected. This provision shall survive CLOSING. 14. If there be a water meter on the PREMISES, SELLER shall furnish a reading to a date not more than thirty (30) days before CLOSING date and the unfixed meter charge and sewer rent, if any, shall be apportioned on the basis of such last reading. 15. SELLER has the option to credit PURCHASER as an adjustment of the purchase price with the amount of any unpaid taxes, assessments, water charges and sewer rents, together with any interest and penalties thereon to a date not less than five(5) business days after CLOSING, provided that official bills therefor computed to said date are produced at CLOSING. 16. If there is anything else affecting the sale which SELLER is obligated to pay and discharge at CLOSING, SELLER may use any portion of the balance of the purchaseprice to discharge it. As an alternative SELLER may deposit too. ney with the title insurance company.employed by PURCHASER and required by it to assure its discharge; but only ff the title insurance company will insure PURCHASER'S title clear of the matter or insure against its enforcement out of the PREMISES. Upon request, made within a reasonable time before CLOSING, the PURCHASER agrees to provide separate certified checks as requested to assist in clearing up these matters. 17. If a title examination discloses judgments, bankruptcies or other retorns against persons having names the same as or similar to that of SELLER, SELLER shall deliver a satisfactory detailed affidavit at CLOSING showing that they are not against SELLER. 18. At CLOSING, SELLER shall deliver a certified check payable to the order of the appropriate State, City or County officer in the amount of any applicable transfer and/or recording tax payable by reason of the delivery or recording of the deed, together with any required tax return. PURCHASER agrees to duly complete the tax return and to cause the check(s) and the tax return to be delivered to the appropriate officer promptly after CLOSING. 19. All money paid on account of this contract, and the reasonable expenses of examination of the title to the PREMISES and of any survey and survey inspection charges are hereby made liens on the PREMISES and collectable out of the PREMISES. Such liens shall not continue after default in performance of the contract by PURCHASER. 20. If SELLER is unable to transfer title to PURCHASER in accordance with this contract, SELLER's sole liability shall be to refund all money paid on account of this contract, plus all charges made for: (i) examining the title, (ii) any appropriate additional searches made in accordance with this contract, and (iii) survey and survey inspection charges. Upon such refund and payment this contract shall be considered cancelled, and neither SELLER nor PURCHASER shall have any further rights against the other. 21. PURCHASER has inspected the buildings on the PREMISES and the personal property included in this sale and is thoroughly acquainted with their condition. PURCHASER agrees to purchase them "as is" and in their present condition subject to reasonable use, wear, tear, and natural deterioration between now and CLOSING. PURCHASER shall have the right, alter reasonable notice to SELLER, to inspect them before CLOSING. 22. All prior understandings and agreements between SELLER and PURCttASER are merged in this contract. It completely expresses their full agreement. It has been entered into after full investigation, neither party relying upon any statements made by anyone else that is not set forth in this contract. 23. This contract may not be changed or cancelled except in writing. The contract shall also apply to and bind the dlstributees, heirs, executors, administrators, successors and assigns of the respective parties. Each of the parties hereby authorize their attorneys to agree in writing to any changes in dates and time periods provided for in this contract. 24. Any singular word or term herein shall also be read as in the plural whenever the sense of this contract may require it. ,/r'.~(~ ,. , '~/f,.~ ~-c.-~' ) , In Presence Of: ~~'~ . . STATE OF 'NEW YORK. COUNTY OF ss: On the day of 19 , before me personally came to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the same. STATE OF NEW YORK, COUNTY OF ss: On the day of 19 , before me personally came to me known, who, being by me duly sworn, did depose and say that he resides at No. ; that he is the of , the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corporation, and that he signed h name thereto by like order. STATE OF NEW YORK, COUNTY OF On the day of personally came 19 SS: , before me to ,ne known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the same. STATE OF NEW YORK, COUNTY OF ss: On the day of 19 , before me personally came , to me known and known to meto be a partner in a partnership, and known to me to be the person described i~ and who executed the foregoing instrument in the partnership name, and said duly acknowledged that he executed the foregoing instrument for and on behalf of said partnership. Closing of title under the within contract is hereby adjourned to 19 , at o'clock, at ; title to bc closed and all adjustments to be made as of 19 Dated, 1.9 For value received, the within contract and all the right, title and interest of the purchaser thereunder are hereby assigned, transferred and set over unto and said assignee hereby assumes all obligations of the purchaser thereunder. Dated, 19 Purchaser dssignee o! Purchaser TtrLB No. TO TICOR TITLE GUARANTEE SECTION BLOCK LOT COUNTY OR TOWN STREET ADDRESS TAX BILLING ADDRESS PREMISES ............................................... ZZZ:_ R -80 / / R-80 R-80 / I TOWN / / ~A~' JUDITH T. TERRY, TOWN CLERK Town of Southold Southold, New York 11971 Phone: 516 - 765 -1 ~01 RECEIVED OF: ~ ~ RECEIPT 046979 FOR: D CASH BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of Theodore Petikas to the Board of Appeals of the Town of Southold TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned toq~etition the Board of Appeals of the Town of Southold to request a (Variance) (Special Exception) (Special Permit) (Other) [circle choice] ). 2. That the property which is the subject of tile Petition is located adjacent to your pro~ertE and is des- cribed as follows: North Siae of Middle Road, SCT~ No. I000-135-1-27 3. That the property which is the subject of such Petition is located in the following zoning district: R-40 4. That by such Petition, the undersigned will request the following relief: crest of bluff (100' required, 50' proposed): sideyard minimum (10' required, 8' proposed) and total side yard (10 and 15 requirement, 8 & 8 proposed) .* S. That the provisions of the $outhold Town Zoning Code applicable to the relief sought by the under- signedare Article XXIV Section XXIII Section 100-239.4c [ ] Section 280-A, New York Town L wX r a$ Jv°aq }~Oa~s'3over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma)' then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: May 24, 1993 Theodore Petikas Petitioner 257 Stewart Avenue Owners ' Names: Post Office Addr~s sethpage, New xork 11714 Tel. No. ( 516 ) 731-2241 Prior ZBA decision granted (2) 8' sideyards and, thus, request under the second section may be unnecessary. [Copy of sketch or plan showing proposal to be attached for convenience purposes.] NAME Jean Leonard V.I.P. Inns, Ltd. Bernard Dubin OF NOTICF PROOF OF MAILING ATTACH CERTIFIED MAIL RECEIPT~ ADDRESS P.O. Box 741 North Road Southold, New York 1 c/o Nicholas W. Ippo 36 Gehr Street Co~ack, New York 11 13617 Whippet Way Ea Delray Beach, Florid STATE OF NEW YORK ) COUNTY OF SUFFOLK) ss.: Roy L. Haje d/b/a 1329 North Sea Road , r~iTg at Southamptonr New York 11968 , being duly sworn, deposes and says that on the 2nd day of March ,1 9 9 3 , 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 assessm~:nt roU of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at ~ou~nampton (certified) (registered) mail. ; that said Notices we/r,e)mailed to each of said persons by N§?ARY PUBLIC, State 0f New York No, 01004901~01, Suffolk (This side does not have to be completed on form transmitted to adjoining property owners.) SUFFOLK CO HEALTHDEPT, APPROVAL STATEMENT OF INTENT THE WATER SUPPLY AND SEWAGE DISPOSAL SYSTEMS FOR THIS RESIDENCE WILL CONFORM TO THE STANDARDS OF THE SUFFOLK CO DEPT OF HEALTH SERVICES, (SI APPLICANT SUFFOLK COUNTY DEPT. OF HEALTH SERVICES -- FOR APPROVAL F'OR CONSTRUCTION ONLY DATE: H. S. REF. NO.. APPROVED: SUFFOLK CO. TAX MAP DESIGNATION: DIST. SECT. BLOCK PCL. OWNERS ADDRESS: ir ~:"i.. 7.,tl DEED: L i .;r.b i HOLE b.'. SEAL