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HomeMy WebLinkAboutTR-10141 Glenn Goldsmith, President SO Town Hall Annex A. Nicholas Krupski,Vice President 54375 Route 25 P.O. Box 1179 Eric Sepenoskis -, Southold, New York 11971 Liz Gillooly Elizabeth Peeples Telephone(631) 765-1892 w Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SOUTHOLD TOWN BOARD OF TRUSTEES YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES 72 HOURS PRIOR TO COMMENCEMENT OF THE ACTIVITIES CHECKED OFF BELOW INSPECTION SCHEDULE Pre-construction, hay bale line/silt boom/silt curtain 1 st day of construction '/2 constructed When project complete, call for compliance inspection, gVeiaB$S aQP�&pA" \L r*•-Z'i":::.Y;C'rS.�C.,.J,!.S+!�C:44.-....f:k.....rs:vr„.S..e3a:l.•��:.L.-Y+1'4"L2r..!'<C!_,�.:S.:F?:..l..�A�:;S,:.S:2'Y4<...�'Sriba.•e.AsU:'l".N'7„B:Sblet._.._,:<'F,s..,:A.•<S`r'f'44`�>&..G1/J:b.L^:�,''i1"r''S::•a2,.-,•5,.�'7'.,:;.v.<e.>7:,-aty.-,.. r1 c '":�\ < <• a,QQ boa e BOARD OF SOUTHOLD TOWN TRUSTEES = SOUTHOLD,NEW YORK �PppP k. r r PERMIT NO. 10141&10141C DATE: MAY 18,2022 ISSUED TO: LEVENT TEMIZ ®a PROPERTY ADDRESS: 57305 C.R. 48, GREENPORT 1 ,OA�Oiq SCTM# 1000-44-2-3 AUTHORIZATION EA Pursuant to the provisions of Chapter 275 and/or Chapter 11 I of the Town Code of the Town of 01 q4 �' Southold and in accordance with the Resolution of the Board of Trustees adopted at the meeting held on February 16,2022 and in consideration of application fee in the sum of$500.00 paid by Levent Temiz and "Mi subject to the Terms and Conditions as stated in the Resolution,the Southold Town Board of Trustees . authorizes and permits the following: J Wetland Permit for the existing(2,317sq.ft.)two-story dwelling with attached garage and to construct a ' new 155sq.ft. addition onto the center of the dwelling on the seaward side with a second-floor terrace ,°a,�,:.';�•' above; for the existing 11.4'x4.1'storage room under existing stairs on west side of dwelling; existing j 927sq.ft.swimming pool; for the existing 90' of pool fencing along seaward side of deck,75' along east side,and 75' along west side with 15' to the dwelling with gates; existing decking around and seaward of 2. n pool is in part above grade and at grade and is to be modified by resurfacing the 830sq.ft.seaward portion of decking with existing structure to remain undisturbed,and existing portion of deck around 1 `_ pool is being replace with a 2,302 stone patio on granular base and permeable joints on grade which includes a 4' expansion on the west side of patio; expand existing 81sq.ft. wood deck on westerly side of dwelling an additional 195sq.ft. for a total 276sq.ft. and install a 7110"x9'2" hot tub on deck; resurface 10— KW existing 42sq.ft. easterly side deck; and for the existing 70sq.ft. landing leading to 4'x20' stairs to beach, with the condition that the area seaward of the existing structures that is currently maintained as non- a P' turf remain as non-turf; and as depicted on the site plan prepared by Venici Benic,RA received on April 13,2022,.and stamped approved on May 18,2022. Og E •' l } ' IN WITNESS WHEREOF,the said Board of Trustees hereby causes its Corporate Seal to be affixed, �ogQQ and these presents to be subscribed by a majority of the said Board as of the 18th day of May,2022. 0.7. CM • - > ..! .-�,���.,�:'r`i'h. :47} .p.yY^�e Y1' `? ,-'< n5:`"'.iY`: ,c;:r,".7° i^;- .:.}. .;it. r Y, `tt"'•14- ty_ - }.,`�'.-"'7..� .�:iV.'v}:en"t;�.i eu'ak7? � - 1 �Ir 'Z i 7 �L :A2 i"T\1 i +3.X..C'F.. �`�.,.et.'_ U.1 r)�.vi.'d �i�"i51.v. eli'�l. F.f)'L'?•G kR L'Z..).}� 2 U� vla"'S eY Cr:1 �'a-i n v - TERMS AND CONDITIONS The Permittee Levent Temiz residing at 57305 CR 48, Greenport,New York as part of the consideration for the issuance of the Permit does understand and prescribe to the following: 1. That the said Board of Trustees and the Town of Southold are released from any and all damages, or claims for damages, of suits arising directly or indirectly as a result of any operation performed pursuant to this permit, and the said Permittee will, at his or her own expense, defend any and all such suits initiated by third parties, and the said Permittee assumes full liability with respect thereto, to the complete exclusion of the Board of Trustees of the Town of Southold. 2. That this Permit is valid for a period of 24 months, which is considered to be the estimated time required to complete the work involved, but should circumstances warrant, request for an extension may be made to the Board at a later date. 3. That this Permit should be retained indefinitely, or as long as the said Permittee wishes to maintain the structure or project involved,to provide evidence to anyone concerned that authorization was originally obtained. 4. That the work involved will be subject to the inspection and approval of the Board or its agents, and non-compliance with the provisions of the originating application may be cause for revocation of this Permit by resolution of the said Board. 5. That there will be no unreasonable interference with navigation as a result of the work herein authorized. 6. That there shall be no interference with the right of the public to pass and repass along the beach between high and low water marks. 7. That if future operations of the Town of Southold require the removal and/or alterations in the location of the work herein authorized, or if, in the opinion of the Board of Trustees, the work shall cause unreasonable obstruction to free navigation,the said Permittee will be required, upon due notice, to remove or alter this work project herein stated without expenses to the Town of Southold. 8. That the said Board will be notified by the Pennittee of the completion of the work authorized. 9. That the Pennittee will obtain all other pen-nits and consents that may be required supplemental to this permit, which may be subject to revoke upon failure to obtain same. 10. No right to trespass or interfere with riparian rights. 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 impairment of any rights, title, or interest in real or personal property held or vested in a person not a party to the perm it. Glenn Goldsmith,President so Town Hall Annex A. Nicholas Krupski,Vice President A®� ® 54375 Route 25 P.O. Box 1179 Eric Sepenoski £ Southold, New York 11971 Liz Gillooly Elizabeth Peeples � 0 � Telephone(631) 765-1892 Fax(631) 765-6641 C®U ,� BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD COASTAL EROSION MANAGEMENT PERMIT COASTAL EROSION PERMIT #10141C Applicant/Agent: Patricia Moore, Esq. Permittee: Levent Temiz SCTM#: 1000-44-2-3 Project Location: 57305 C.R. 48, Greenport Date of Resolution/Issuance: May 18, 2022 Date of Expiration: May 18, 2024 Reviewed by: Board of Trustees DESCRIPTION OF ACTIVITY: For the existing (2,317sq.ft.) two-story dwelling with attached garage and to construct a new 155sq.ft. addition onto the center of the dwelling on the seaward side with a second-floor terrace above; for the existing 11.4'x4.1' storage room under existing stairs on west side of dwelling; existing 927sq.ft. swimming pool; for the existing 90' of pool fencing along seaward side of deck, 75' along east side, and 75' along west side with 15' to the dwelling with gates; existing decking around and seaward of pool is in part above grade and at grade and is to be modified by resurfacing the 830sq.ft. seaward portion of decking with existing structure to remain undisturbed, and existing portion of deck around pool is being replace with a 2,302 stone patio on granular base and permeable joints on grade which includes a 4' expansion on the west side of patio; expand existing 81sq.ft. wood deck on westerly side of dwelling an additional 195sq.ft. for a total 276sq.ft. and install a 7'10"x9'2" hot tub on deck; resurface existing 42sq.ft. easterly side deck; and for the existing 70sq.ft. landing leading to 4'x20' stairs to beach; with the condition that the area seaward of the existing structures that is currently maintained as non-turf remain as non-turf; and as depicted on the site plan prepared by Venici Benic, RA received on April 13, 2022, and stamped approved on May 18, 2022. INSPECTIONS: Final Inspection SPECIAL CONDITIONS: None In accordance with Chapter 111-15 Erosion Protection Structures: N/A A maintenance agreement is attached hereto and is a necessary special condition of this permit. Glenn Goldsmith, President Board of Trustees Glenn Goldsmith, President ®r- Sol/ Town Hall Annex A. Nicholas Krupski, Vice President �� ®�® 54375 Route 25 P.O. Box 1179 Eric Sepenoski 3 Southold,New York 11971 Liz Gillooly Elizabeth Peeples � '� � Telephone(631) 765-1892 Fax(631) 765-6641 C®UN`i,� BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD May 20, 2022 Patricia Moore, Esq. 51020 Main Road Southold, NY 11971 RE: LEVENT TEMIZ 57305 C.R. 48, GREENPORT SCTM# 1000-44-2-3 Dear Mrs. Moore: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, May 18, 2022 regarding the above matter: WHEREAS, Patricia Moore, Esq., on behalf of LEVENT TEMIZ applied to the Southold Town Trustees for a permit under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, and Chapter 111 of the Southold Town Code, Coastal Erosion Hazard Areas, application dated December 13, 2021, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council and to the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, the LWRP Coordinator issued a recommendation that the application (except the existing wood deck and bench to be resurfaced) is recommended as Consistent with the Local Waterfront Revitalization Program policy standards, and, WHEREAS, the LWRP Coordinator recommended that the existing wood deck and bench to be resurfaced is recommended as Inconsistent with the LWRP, and, WHEREAS, the Board of Trustees has furthered the Local Waterfront Revitalization Program Policy 4.1 to the greatest extent possible through the imposition of the following Best Management Practice requirements: normal maintenance, periodic replacement and repair of same kind of structure elements or protective coatings is provided for in Chapter 111; and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on April 13, 2022 and May 18, 2022, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, i WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standards set forth in Chapter 275 and Chapter 111 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that for the mitigating factors and based upon the Best Management Practice requirement imposed above, the Board of Trustees deems the action to be Consistent with the Local Waterfront Revitalization Program pursuant to Chapter 268 of the Southold Town Code, and, RESOLVED, that the Board of Trustees APPROVES the application of LEVENT TEMIZ for the existing (2,317sq.ft.) two-story dwelling with attached garage and to construct a new 155sq.ft. addition onto the center of the dwelling on the seaward side with a second-floor terrace above; for the existing 11.4'x4.1' storage room under existing stairs on west side of dwelling; existing 927sq.ft. swimming pool; for the existing 90' of pool fencing along seaward side of deck, 75' along east side, and 75' along west side with 15' to the dwelling with gates; existing decking around and seaward of pool is in part above grade and at grade and is to be modified by resurfacing the 830sq.ft. seaward portion of decking with existing structure to remain undisturbed, and existing portion of deck around pool is being replace with a 2,302 stone patio on granular base and permeable joints on grade which includes a 4' expansion on the west side of patio; expand existing 81 sq.ft. wood deck on westerly side of dwelling an additional 195sq.ft. for a total 276sq.ft. and install a 7'10"x9'2" hot tub on deck; resurface existing 42sq.ft. easterly side deck; and for the existing 70sq.ft. landing leading to 4'x20' stairs to beach; with the condition that the area seaward of the existing structures that is currently maintained as non-turf remain as non-turf; and as depicted on the site plan prepared by Venici Benic, RA received on April 13, 2022, and stamped approved on May 18, 2022. Permit to construct and complete project will expire two years from the date the permit is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Inspections are required at a fee of$50.00 per inspection. (See attached schedule.) Fees: $ 50.00 Ve truly yours 0 lenn Golds ith President, Board of Trustees GG/dd y ice_. fsre^!ti_`3�'�+-4�•�'Y����7!'� '�_: '��-- ` .�y_.-sem�' � '..�� •• • ��y'��.�c_r_• � _ _ . • • OEM �_ . _ •moi-' .z'• Vii- •.. aa`'•• �� _�1:� , • ORS yam'=�-�:•-��_�--'�y��?�'. --� ,• • r�;--�`�:a':��►rra �-��:, ML NOW. ,�lAY� .'tir.:'i I,.L. . � • ���� 3_ � tai •�-• 's yam.-'mac -- �_ - ►: _�1�«. L` �►y����� t ?vers`= s•�'! -_`moi •ao-•__ _�-, w 3r ,��_ . �,.�..- ��,�, � III '�!�����fjs_��I�j'�� • ��'•�s. �a�:a '� • ,�; -.:.::� �,,= r tom. �.._ =-��e«, ���.?��J.Lfa�• . • • R•.1.1_•.��«!moi�.1+�_ �•. /�yy� �••�- f'v �• • moi'• � �!4SIi���� ;!% • •1�=ifs�i�f1�� �� _ _� Vii. — • • ■ •.-•• • r�.��. S!� L •• • M-�=�.caa- •r-w- '�:��z����'�T:.�♦�'• .�..�� tic.Z� ;ti�-.�'cSfi'' • • '!�''_ 3�.��•-��+��r��=? ri-.•y=ip..• ''�' ��! •••• "- --r3-- � xI. • • .rr•C.ti�,s_;•r� � � \ •' • �3�--:tom ►I �'!�iris ����Ka, • I • . 1�l 2/ 8 /2022 10 : 35 Levent Temiz 57305 C.R.48,Greenport SCTM#: 1000-44-2-3 2/8/22 t. f K i y + r ,fes�.�-+1 s ..r!" °i�'1 '`j S%,c.��� „�• �i ''� � O � �rs Glenn Goldsmith, President FFO(prco��o Town Trustees A Nicholas Krupski, Vice-President y = 54375 Route 25 Eric Sepenoski c P.O. Box 1179 Liz Gillooly Southold, NY 11971 Elizabeth Peeples 0� Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: LEVENT TEMIZ c/o PATRICIA MOORE Please be advised that.your application dated December 13, 2021 has been reviewed by this Board at the regular meeting of May 18, 2022 and your application has been approved pending the completion of the following items checked off below. Revised Plans for proposed project Pre-Construction Hay Bale Line Inspection Fee ($50.00) 1st Day of Construction ($50.00) %Constructed ($50.00) x Final Inspection Fee ($50.00) - Dock Fees ($3.00 per sq. ft.) The Permittee is required to provide evidence that the non-turf buffer condition of the Trustee permit has been recorded with the Suffolk.County Clerk's Office as a notice covenant and deed restriction to the deed of the subject parcel. Such evidence shall be provided within ninety (90) calendar days of issuance of this permit. Permit fees are now due. Please make check or money order payable to Town of Southold. The fee is computed below according to the schedule of rates as set forth in Chapter 275 of the Southold Town Code. The following fee must be paid within 90 days or re-application fees will be necessary. You will receive your permit upon completion of the above. COMPUTATION OF PERMIT FEES: v TOTAL FEES DUE: $_50.00 BY: Glenn Goldsmith, President a1 Board of Trustees f ew 1 T+ PATIO �� to I s�f9r `�'r -•�'�� '� � PCol. .�� t i° TTS• +S m LL ` o �Ia:oPos�0 Ana+a�aa� �. errasr e''iov ''LZVATJ0tts 1 3 ro`: a"I r i cta �xcsri�ac, ray. ' 7 �•I t ro v -ts� ' G ��;;Tii•LnelslpaG / 1 !L N 2 stovy � h+ o+ i `�, jl;'^•; RB91P7 fern E +'� ' '¢j•. /� Uj V) LL I Illi i `Opopfag+a+c w�c+ ' + LD I I SHep \ L i +� *Y-0 7-0 Pan 9 MAck X, 8 a�I U`4 p�' to 0:e E C E 0 V • n y Southold Town Board of Trustees MIDDLE I t. !_EVAT'1�lyyS-p_rFf:"Q TU MI—AN SPA FORM NO.4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. Certificate Of Occupancy No. . . . . 2.1.4495. . . . . . Date . . . . . . . . .June .� . . .'. . . . . . . ... . . ., 1986, THIS CERTIFIES that the building . . .d e c lc ,& p.q 9;. . . . . . . . . . . . . Location of Property5.7No.95. . . . . . . . . . . . . . 9pnty tRd , , , , , , , , ,Clreenport House S #48 reet Hamlet County Tax Map No. 1000 Section . . . ,4,4 . . . . . .Block . . . . . .?. . . . . . . .Lot . . . . . .3. . , . Subdivision . . . . . . . . . . X. . . . . . . . . 4 . . . . . . . . . .Filed Map N`o. . . ?. . . . .Lot No. . . .,x. . . . . . . . conforms substantially to the Application for Building Permit heretofore filed in this office dated , , , , , , , ,Ju 1 y, -2Q- , . . , 19Q4.pursuant to which Building Permit No. . . .1.304.1.Z .. , , . . , . . . July dated . . . . . .24. . . . . . . . . . . . . . 19 .8 4,was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is . . . . . . . . . . .xr1grougd. A.ggl. &. .d991-C.•. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .I. . . . . . . . . . The certificate is issued to . . . . . . . . . . . . . .ANTHONY P T R R E RA (owner.X- $cckk,j6&j . . . . . . . . . .. . . . . . . . . . of the aforesaid building. Suffolk County Department of Health Approval . . . . . . . . . . . . . . . . . .N/A. . , . . . . . . . UNDERWRITERS CERTIFICATE NO. . . . . . . . . . . . . . . . . . . . . .N7 0 4 4 6 0. . . . . . . . . ... . . . . . . . . Building Inspector Rev,1/81 IZ C ��� pp FEB 1 6 2W Southold Town Board of Trustees To: Zoning Board of Appeals - From: Patricia C. Moore Appeal#7557 Hearing: 11-4-211� %FIB '1 6 20V N)0 v HEARING OUTLINE 1 5outha{ TOWA Board of Trustees The house and existing decking are legal and issued CO cons ruc on is the center portion of house and a small deck extension (185 square feet) on the west side for the proposed hot tub. , The existing 15' setbacks are being maintained but the combined side yards pre-date code (combined side yards when the house was built were 30%now the combined side yards are 35 . (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted,because: • The property is improved with legally permitted existing house • Existing pool • Existing decks • on a pre-existing lot (the lot width is 100 when code requires 1751) resulting in variance for`combined" side yard setback. • A Variance was granted in 1984(Appeal#3306)for the accessory building in the front yard 5' from the side yard. Why Variance is required: The applicant is renovating his house and the side yard setbacks of the existing structures are pre-existing nonconforming. On the west side,the existing setback is 15 and on the east side the existing setback is 15. (The setback the combined existing setback is 30'. The existing setbacks are being maintained but the "combined side yards"of 35require a variance- • The proposed addition in the center of the existing house does not need a variance. • A proposed hot tub with expanded wood deck(185 square foot deck) on the west side requires a variance even though the setback is maintained at 15'. • On the east side the existing setback(15')is not changing but results in a variance for the combined setback of 30'when 35 is required. • The overall lot coverage is being reduced from 18.8% to 12.9% (patio material) • The proposed enclosure of roof-over decking into the living area(new entertainment room) does not require a variance. All alterations to the existing house are conforming and within the existing setbacks. -A Similar Variances granted within 100 feet of subject subJjproperty- /A66 ZBA# Tax Man # Year relief, 2358 44-2-10 11/3/77 construct new house with insufficient setbacks (front& sides) 2904 44-2-15 11/5/81 construct new house with insufficient setbacks(front 15 and sides 12.5, combined 25) 5344 44-2-11 8/7/03 modifications from original building permit(front 15.9 & 19.1 and side yard 9.3) 6066 44-2-12 11/1/07 deck"as built" 1 foot off property line (front,side and setback to bluff) landing for east side: Appeal#6066 LWRP recommendation- "Additionally, if the action is approved and to further Policy 5: Protect and Improve Water quality in the Town of Southold 1. Require drywells to contain drainage for the residence.2. Require a non-turf buffer landward of the rip rap,to protect the Sound. 3. Install a hay bale line during construction." 7069 44-2-5 8/17/17 additions & alterations to existing house one side 9.84 both sides 27.77: Appeal#7069 LWRP-recommendation-EXEMPT (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance,because: The property is developed in accordance with the setbacks at the time the house was constructed. Most of the work is maintenance to existing structures. There is significant drainage proposed on both the east and west side of the existing structures to comply with current drainage codes. The existing structure was constructed with a combined.setback of 30' (code now requires 35') the proposed alterations require a variance. The only expansion of the footprint is the 185'sa ft. decking under the proposed hot tub. The setbacks are maintained at 151. (3) The amount of relief requested is not substantial because: The only portion which is new surface area is the 185 sq.ft. deck(at grade)with the hot tub. . This is a de minimis change to the existing conditions (combined side yard setbacks). (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: the improvements are an improvement to the existing conditions. The largest area is the deck around the pool and this will be made permeable. The is also significant drainage improvements being proposed. Overall, this renovation will be beneficial to the environment. lip (5) Has the alleged difficulty been self-created? ( )Yes, or (X)No. Are there Covenants and Restrictions concerning this land: X No. _Yes(please furnish OREL Other Variances on this property:Shed#330612113/84 This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of'the community. RESPONSE TO LWRP: The existing deck which is the basis of the LWRP recommendation is not the subiect of this appeal or before the Board. Resurfacing the deck is normal maintenance to a legal structure built in 1984,the "proposed wood patio" is shown on the plans for the ZBA variance(appeal#3306),granted for the garage in 1984. The existing deck has been maintained since it was built. No new construction to the existing deck is proposed or required. LWRP_ : MINOR ACTIONS Include the following actions,which are not subject to review under this chapter: A.Maintenance or repair involving no substantial changes in an existing structure or facility. JJ. Construction or installation of drainage improvements for the retention of storm water runoff .in accordance with Chapter 236. Chapter 111: Coastal Erosion Hazard Law, adopted by Local Law 24, 1991. Chapter 111 is not applicable. Applicable language: EXISTING STRUCTURE A structure and appurtenances in existence, or one where construction has commenced,or one where construction has not begun but for which a building permit has been issued prior to the effective date of the chapter. NORMAL MAINTENANCE Periodic replacement or repair of same-kind structural elements or protective coatings which do not change the size,design or function of a functioning structure.A"functioning structure" is one which is fully performing as originally designed at the time that normal maintenance is scheduled to begin. "Normal maintenance" of a structure does not require a coastal erosion management permit. The decks are existing(on grade)which predate Coastal Erosion Hazard Law. The wood decking is all on grade. The topography pf the existing property slopes from the street to the top of the bluff. (Elevation at the pool level is at @14 to 16 at the north end of the property. The decking and vegetation around the decking is at the same elevation. All the decking was constructed to be"on grade". Maintenance of existing structures is exempt from Coastal Erosion Law. The existing wood deck around the pool which is seaward of the CEH line will be replaced with pervious material on grade. Patio on grade is not a"structure". The Stone Patio & additional drainage is intended to reduce lot coverage and address drainage. The proposed work is an environmental improvement. Note that the LWRP review and recommendations-on neighboring anneals,previously provided to the Board, confirm that this application is an exempt action. See Appeal#7069 (1000-44-2-5)LMW stated that the area variance request was an "Exempt" action. Glenn Goldsmith, PresidentaTown Hall Annex A.Nicholas Krupski,Vice President 54375 Route 25 Eric Sepenoski P.O.Box 1179 Liz Gillooly y Southold,NY 11971 Elizabeth Peeples ,1 Telephone(631)765-1892 Fax(631)765-6641 Southold Town Board of Trustees Field Inspection Report Date/Time: 4 22 Completed in field by: A 9 — Patricia Moore, Esq. on behalf of LEVENT TEMIZ requests a Wetland Permit and a Coastal Erosion Permit for the existing (2,317sq.ft.) two-story dwelling with attached garage and to construct a new 155sq.ft. addition onto the center of the dwelling on the seaward side with a second-floor terrace above; for the existing 11.4'x4.1' storage room under existing stairs on west side of dwelling; existing 927sq.ft. swimming pool; for the existing 90' of pool fencing along seaward side of deck, 75' along east side, and 75' along west side with 15' to the dwelling with gates; existing decking around and seaward of pool is in part above grade and at grade and is to be modified by resurfacing the 830sq.ft. seaward portion of decking with existing structure to remain undisturbed, and existing portion of deck around pool is being replace with a 2,302 stone patio on granular base and permeable joints on grade which includes a 4' expansion on the west side of patio; expand existing 81 sq.ft. wood deck on westerly side of dwelling an additional 195sq.ft. for a total 276sq.ft. and install a 7'10"x9'2" hot tub on deck; resurface existing 42sq.ft. easterly side deck; and for the existing 70sq.ft. landing leading to 4'x20' stairs to beach. Located: 57305 County Road 48, Greenport. SCTM# 1000-44-2-3 Type of area to be impacted: Saltwater Wetland Freshwater Wetland Sounder Bay Part of Town Code proposed work falls under: Chapt .275 ✓Chapt. 111 other Type of Application: -/Wetland f Coastal Erosion Amendment Administrative Emergency Pre-Submission Violation Notice of Hearing card posted on property: Yes No Not Applicable Info needed/Modifications/Conditions/Etc.: W-11 red, baU" e WaK sem, Present Were: G. Goldsmith N I rup ki E. Sepenoski �C. Gillooly ,- E. Peeples 1 EXISTING WOOD ____________ PLATFORM AND -- 56 SQ.FT k+ STAIR TO BEACH TO EXISTING WOOD BENCH TO BE RESURFACED f R PLATFORM REMAIN _ EXISTING STRUCTURE REMAIN UNDISTURBED UNDISTURBEDVBA Cad' EXISTING WOOD DECK TO BER suRFACE4 sf `r I 1 _ )S ING STRu TOTAL 8 01 S N3ISTIJR Ed; + , 71 _ _ i+ I VINCENT BENIC ARCHITECT _- F -_ PO Box 92,Southold NY 1 9 - www.vbar rF �, f' � I 917-414-1925 I Issued/Revision EXISTING WOOD FENCE T AIN UNDISTURBED �" i l TOTAL 537 SQ,FT SO293 SQ.FT +1 1 03!122001 DESIGN DEVELOPMENT PROGRESS SEi - - NORTH 7 THE UTH OF THE I 5/26/21 ZBA SUBMISSION COSTAL i EROCOSTAL SION LINE EROSION LINE 7/20/21 REVISED ZRA SOSMISSION 12/06/21 TRUSTEE SUBMISSION ` I 02/28/22 TRUSTEE RESUBMISSION r z f ! 7560.FT.NEW PAVING REPLACING, EXIST.DECK NORTH OF THE { _ COSTAL EROSION LINE i�0510� G05�N l t 'h Jy j are,Drawings sand rpma n,the prloperty of 1NCENTprofessionalSEservice as .- -y ARCHITECT- No reproduction,In whole or In part,stldll be made REPLACE EXISTING WOOD PATIO C WITH NEW 24 X 36 STONE without the written euthorlsoBon fo VINCENT ructio ARCHITECT. I This document is intended solely For the construction of the PATIO ON GRANULAR BASE AND project named herein and shall not be used by any other parties I - - I for any other construction without the written consent of PERMEABLE JOINTS. II VINCENT GENIC ARCHITECT. AROUND TH E ENTIRE POOLAREA I AND ON GRADE WITH THE POOL 2302 SF � � E �� j •�° I--t-� y� � oh d Town � � i 5ui of N RAIN a IN 6aard of Trustees -EXITING POOH;19j "tib.f rPATIO d_" 3'•9" 'IO'-p" EXISTING POOL UJITfNO w 'tF_xITIN O EXITING POOL 927 SF W/COPING 1 a P ' I' } tee/ PAT)O ;75 Si 175 SF PATIO I ! * � I 0 4B55 Q x tr f l CCESSORy STRU � E 5 CK "' 20-6m + W VBA Prof Seal: 378.2 Nt F aC I 0 Drawn: a WM '� Checked: • NEW HOT TiJB .._._ z �a I ve -1 D"x 9'-2" 3:g U- 1 NEW ENTERTAINMENT ROOM LUI,-fn A o 44�yQ�� (ON SLAB ON GRADE) z n In ,} I J� P 795 SF `� ¢ ©S I _.. _ _— ----------------------------------------- E}PANDED �P� Lea iS rSy� NEW FRENCH f % Vend Benic,AIA, �. DFC ,DECKAND CLOSETS(109 SF)TO BE REMOVEDA DRAIN CONNECTED (4t°�� NYS#014883 I 195 SF OF NF -pQ'r���ti LOWERED TO POOL DECK S�, TOA NEW _ f zo R DECK INCL D NL*` y7 ry' FORA NEWADDITION TO BE ENCLOSED AND USED • �G � DRYWELL S I Drawing Title �L7 i � FORA NEW ENTERTAINMENT ROOM �'��ri 57305 North Rd. Residence LINE-- d A F�, Southold, NY 11971 UP EXIST friS� /' Gyb[cr - I Drawing Title AND NEW EXISTING VI ALL r4 9fi DECK TOBEJDOORSDEMOLISHED ? 10. i FIRST FLOOR PLAN f (POOL TERRACE) NEW FRENCH P + DRAIN CONNECTED EXIST. EXIST. I Drawing Number TOANEW STEPS/PLATFORM DRYWELL iL 1ST FLOOR AND POOL A� z LU EQUIPMENTTO REMAIN 4 O UNDISTURBED _ _ — FORM NO.4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold,N.Y. Certificate Of Occupancy Z14494 9 No. . . . . . . . . . . . . . . . . Date . . . . . . . . . . . .June . . . . . . , . . . . . ., 198'. THIS CERTIFIES that the building . , addition & alteration Location of Property 57305 County Rd #48Greenport !louse)Vo. Street Hamer County Tax Map No. 1000 Section . . . . 4. . . . . .Block . . . . . . . .2 .Lot 3 Subdivision . . . . . . . . , . . . X. . . . . . . . . . . . . . . . . .Filed Map No. . . . . . . .Lot No. . . . . .x. . . . . . . conforms substantially to the Application for Building Permit heretofore filed in this office dated . Apr i. . . . . . . . . . . . . f 19 8 4 pursuant to which Building Permit No. 3 0 41 Z dated . . . . . . . . . . . .A r i 1 16 . 19 84 ,was issued,and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is .. . . . . . . . Additions & alterations to existing one-family dwelling. The certificate is issued to . . . . . . . . . . . ANTHONY P I R R E R A fowner,�' lilirXtllr�litX . . . . . . . . . . . . . . . . of the aforesaid building. Suffolk County Department of Health Approval . . . . . . . . . . . . . . . .N/A , . . , . . . _ . . . . . , UNDERWRITERS CERTIFICATE NO. . . . . . . . . . . . . . . N704460. . . . . . . �y Building Inspector Rev.1181 FFEbEDVE�JA 13 2022 Southold Town Board of Trustees FORM NO.4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold,N.Y. Certificate Of Occupancy No. . . . . ?.1.4495. . . . . . Date . . . . . . . . . .9 . . . . . . . . . . . . . . . . 1986, THIS CERTIFIES that the building . . .d e k & p.o 01. . . . . . . . . . . . . . . . . . . . . , . . . . Location of Property . . .5,7. 95. . . . . . . . . . . . . .99 VA y, Rd , ,�k48 . . . . . . . (1rAenport House No. Street Hamlet County Tax Map No. 1000 Section . . . !►,4 . . . . . .Block . . . . . . . . . . . . . . .Lot . . . . . .3 . . . . . . . . . . Subdivision . . . . . . . . . . X. . . . . . . . . . . . . . . . . . . .Filed Map No. . . X. . . . .Lot No. . . . . X. . . . . . . . conforms substantially to the Application for Building Permit heretofore filed in this office dated 104.pursuant to which Building Permit No. . . .1.3041Z July 20 dated . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 .$4,was issued,and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is . . . . . . . . . . Agro,gnd, pao1, A. .a(�ck. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The certificate is issued to . . . . . . . . . . . . . . . . . . .A N T H O N Y P T R R E R A , (owner i3 itk bdirk. . . . . . of the aforesaid building. N/A Suffolk County Department of Health Approval . . . . . . . . . . . . . . . . . . . . . UNDERWRITERS CERTIFICATE NO. . . . . . . . . . . . . . . . . . . . N704460. . . . . . . . . . . . . . :y Building Inspector+ + Rev.1/81 E C E E- A P R APR 1 3 2022 Sauthvid Town Board of Trustees L r r \ J'. • P '..fir �,, i cn •. r.- •-'��r` � •Y. .f#HCS r, Ito r I �_WaC7D '1�a71• g w PATIO w000 ePas��yg0glYl�! S - frrr �'rR5T I•'l[)pP T4` Sl.1:V!►7'lOhlS j t��73JJ 1 "AT'" aXIST416 7 r N••� � ! ��CHLll/•�OCIIIN(: / 'al F�119 '4ttirf7 tk Ti / r q lTeny ti r• rl LU V 1A,. f{[fA111INC VVA,I . 9{-anl f ! :NCfl iLL I rJc.p Tu ya�r � 1 n„r • APR 13 2022 Board of Trustees P • I.F.t—EVAT'JDN:5 rzrFCQ Tu rlCAPJ 5 EALE VF Lu.s.c.� Town of Orangetown v. Magee, 215 A.D.2d 469 (1995) 6N6 K.Y&2d 511 Opinion 215 A.D.2d 469 Supreme Court,Appellate Division, *469 MEMORANDUM BY THE COURT. Second Department,New York. In an action for an injunction directing the defendants to TOWN OF ORANGETOWN, Appellant, remove a temporary building from their property,the plaintiff appeals (1)from a decision of the Supreme Court,Rockland v. County(Stolarik,J.),dated December 23, 1992,which, after John F. MAGEE, et al., etc., Respondents. a nonjury trial on the issue of liability on the defendants' counterclaims for reinstatement of their building permit and May 8, 1995. for a violation of 42 U.S.C. § 1983, determined those issues in the defendants' favor, (2) from a judgment of the same As Amended on Grant of Reargument Aug. 21, 1995. court, dated December 27, 1993,which, after a nonjury trial on the issue of damages on the defendants' counterclaims, Synopsis is in favor of the defendants and against it, inter alia, Town brought action seeking injunction directing owners to directing the plaintiff to reinstate the defendants' building remove temporary building from their property.Owners filed permit and awarding the defendants damages in the total sum counterclaims for reinstatement of their commercial building of$5,137,126, and from a judgment of the same court, also permit and for damages under § 1983. The Supreme Court, dated December 27, 1993,which is in favor of the defendants Rockland County,Stolarik,J., 156 Misc.2d 881,594 N.YS.2d and against it awarding interim attorneys' fees and costs 951,entered judgment for owners on counterclaims,and town pursuant to 42 USC § 1988. appealed.The Supreme Court,Appellate Division,held that: (1) town was equitably estopped from asserting that § 1983 ORDERED that the appeal from the decision is dismissed,as claim alleging that revocation violated owners' substantive no appeal lies from a decision(see, Schicchi v. Green Constr. due process rights was not ripe for review; (2) owners' had Corp., 100 A.D.2d 509,472 N.Y.S.2d 718); and it is further, protectible property interest in permit;(3)revocation violated owners' due process rights; (4) amount of damages was not ORDERED that the judgment dated December 27, 1993, excessive;and(5)trial court should have awarded defendants which, inter alia, awarded damages to the defendants, is going market rate for paralegal for nonlegal work performed affirmed;and it is further, by attorneys. ORDERED that the judgment dated December 27, 1993, Appeal dismissed in part; affirmed in part, reversed in part, which, inter alia, awarded the defendants interim attorneys' and remitted. fees and costs is modified by deleting the provision thereof awarding the sum of$263,608.20 as and for interim attorneys' Amended, 631 N.Y.S.2d 166. fees; as so modified the judgment is affirmed and the matter is remitted to the Supreme Court, Rockland County, to Attorneys and Law Firms recalculate the award of interim attorneys'fees in accordance herewith; and it is further, **512 Holtzmann,Wise&Shepard,New York City(David R. Foley, Gregory R. Belcamino, and Roger W. Hooker, Jr., ORDERED that the defendants are awarded one bill of costs. of counsel),for appellant. The defendants obtained a building permit to construct a Dorfman,Lynch&Knoebel,Nyack(Burton 1. Dorfman and commercial building on property they own in the Town Dennis E.A. Lynch, of counsel),for respondents. of *470 Orangetown (hereinafter the Town). Although Before MANGANO, P.J., and SULLIVAN, COPERTINO the building permit was limited to excavation and the and ALTMAN,JJ. Y ( construction of the footings and the foundation,the evidence i' E C E established that the defendants would have been permitted to construct the entire building pursuant to the permit as long as their subsequent plans for the walls, ceilings, and electrical �� APR 1 3 2022 '�' T`,e I ,` � !C2 1-Jrr= LeC 'yjr�'Pc►Yjalr1 f0 01'`11 1 a S. 'Gove '"._(l r[ Board of Trust®es Town of Orangetown v. Magee, 215 A.D.2d 469 (1995) 626 N.Y.S.2d 511 wiring comported with the plans for the building already 488 U.S. 851,868, 109 S.Ct. 134, 109 S.Ct. 176, 102 L.Ed.2d approved by the Town's Building Inspector. 107, 102 L.Ed.2d 145). Contrary to the Town's contention, the defendants had a protectible property interest in the **513 After obtaining the permit, the defendants invested building permit.The permit was legally issued,the defendants a substantial amount of money and time into the property. had made substantial improvements and incurred substantial Community residents commenced a campaign to prevent the expenses in reliance on the issued permit,and the permit was defendants from completing the construction of the building. illegally revoked (see, Matter of'Bayswater Health Related As a result of this community protest, the Town Supervisor, Facility v Karagheuzoff, 37 N.Y2d 408, 373 N.YS.2d 49, at a Town Board meeting, directed the Building Inspector 335 N.E.2d 282;Matter of Temkin v.Karagheuzoff, 34 N.Y2d to revoke the defendants' building permit. Thereafter, the 324,357 N.YS.2d 470,313 N.E.2d 770). Building Inspector revoked the building permit on grounds which were not supported by any provision of the Town's The record establishes that the illegal revocation of the Zoning Code. building permit was not the result of a good faith mistake regarding the applicable local law (cf, Brady v. Town of The Town then commenced the present action seeking an Colchester, 863 F.2d 205, 216; Coniston Corp. v Village of order directing the defendants to remove a temporary building Hoffman Estates, 844 F.2d 461, 467), nor was the permit from their property. The defendants asserted counterclaims, revoked because the defendants' building would harm the inter alia, for reinstatement of the building permit and for community in some manner (cf., Greenbriar, Ltd. v City damages pursuant to 42 U.S.C. § 1983, alleging that the of Alabaster, 881 F.2d 1570; Pace Resources v. Shrewsbury Town's actions amounted to a deprivation of substantive Twp., 808 F.2d 1023).Rather,the defendants'building permit due process. After bifurcated nonjury trials on liability and was revoked solely as the result of general community damages, the trial court entered a judgment in favor of the protest.Accordingly,under the circumstances of this case,the defendants on their counterclaims. revocation was arbitrary and irrational(cf.,Scott v Greenville County, 716 F.2d 1409). The Town is equitably estopped from asserting that the defendants' claim pursuant to 42 U.S.C. § 1983 is not ripe The trial court's award of damages to the defendants for for review on the ground that the defendants failed to appeal the Town's violation of 42 U.S.C. § 1983 was not excessive. the revocation of their building permit to the Town's Zoning On appeal, the Town is estopped from challenging the trial Board of Appeals. "[W]here a governmental subdivision court's use of a certain formula to ascertain damages insofar acts or comports itself wrongfully or negligently, inducing as the parties stipulated at trial that the trial court could use reliance by a party who is entitled to rely and who changes the formula. Moreover, we find no error in the trial court's his position to his detriment or prejudice, that subdivision application of the formula to the present case. should be estopped from asserting a right or defense which it otherwise could have raised"(Bender v New York City Health Since the court correctly found the Town liable under 42 and Hosps. Corp., 38 N.Y2d 662, 668, 382 N.YS.2d 18, U.S.C. § 1983,it was **514 empowered to award attorneys' 345 N.E.2d 561). In the present case, the record establishes fees and costs pursuant to 42 U.S.C. § 1988. The Town, that the conduct of the Building Inspector prevented the however,correctly contends that the award of attorneys'fees defendants from appealing the revocation of their building was excessive."It is appropriate to distinguish between legal permit. work, in the strict sense, and investigation, clerical work, compilation of facts and statistics and other work which can The trial court's finding that the revocation of the building often be accomplished by non-lawyers but which a lawyer permit deprived the defendants of substantive due process in may do because he has no other help available. Such non- violation of 42 U.S.C. § 1983 is supported by the record. legal work may command a lesser rate.Its dollar value is not A property owner is denied substantive due process when a enhanced just because a lawyer does it"(Johnson v. Georgia *471 governmental decision affecting his or her property Highway Exp., 488 F.2d 714, 717; see also, *472 Matter has been made in an arbitrary and capricious manner, and of Rahmey v. Blum, 95 A.D.2d 294, 301,466 N.YS.2d 350). "without any rational basis" (see, Greenbriar, Ltd. v City of Accordingly,the trial court erred in awarding the defendants Alabaster, 881 F.2d 1570; Spence v. Zimmerman, 873 F.2d attom '-fees•: ir' eys at the rate 256, 258; Bello v. Walker, 840 F.2d 1124, 1129, cert. denied they c arg 1 I rad,:th I court should t APR _1 -3--'rJ2,2� WE;STLx'�%' © 2022 hon,.son ReLiters. Flo ciairn iC originai U_S o:. 2 t Town of Orangetown v. Magee,215 A.D.2d 469(1995) 626 N.Y.S.2d 511 have awarded the defendants the going market rate for a The Town's remaining contentions are either waived or paralegal for the nonlegal work performed by their attorneys, without merit. which included the service of subpoenas and an order to show cause, the organization of exhibits, and the purchase of an All Citations index number. 215 A.D.2d 469,626 N.Y.S.2d 511 End of Document ©2022 Thomson Reuters. No claim to original U.S. Government Works. i C APR 13 2G2 SUr�tl�cald down Board of Trustees WESTLAW ©2022 Thomson Reuters No claim to original U.S. Government Works. 3 Vecce v.Town of Babylon, "Q A. 1 [ 6� 822 N.Y.S.2d 94,2006 N.Y. Ski, .0 APR 3 2022 ge erected upon his property and that he was entitled to a 32 A. .3d 38 ificate of occupancy for the garage,the Town of Babylon Supreme Court, ppel ivision—.,.T,— anthe Town of Babylon Board of Appeals appeal from a Second Depart cent,Ne {' ' -T own ju ment of the Supreme Court, Suffolk County (Baisley, ('af Trustees J.), dated March 24, 2005, which, inter alia, granted the In the Matter of Salvatore VECCE, respondent, petition and declared that the petitioner had a vested right to maintain the garage and was entitled to a building permit and v, a certificate of occupancy. TOWN OF BABYLON, et al., appellants. ORDERED that the judgment is affirmed, without costs or Sept.26,2006. disbursements. Synopsis In 1993 the petitioner obtained a building permit for the Background: Property owner filed article 78 petition, construction of a detached garage on his property. The challenging the town zoning board's denial of property building permit was revoked in 1994,after the completion of owner's applications for area variances, and application for the garage. Following a decision by the appellant Town of renewal of building permit. The Supreme Court, Suffolk Babylon Board of Appeals (hereinafter the Board) denying County, Baisley, Jr., J., granted petition, and declared that the petitioner's 2003 application to renew his building permit property owner had vested right to maintain the garage and and for the various area variances,the petitioner brought this was entitled to the permit and variances.Town appealed. hybrid article 78 proceeding and declaratory judgment action. Contrary to the appellants' contention, this matter was not Holdings:The Supreme Court,Appellate Division,held that: time barred. The petitioner's 2003 application to the Board was for renewal of his building permit and for several area town zoning board's failure to renew the property owner's variances.It was not one seeking to appeal the revocation of building permit deprived him of substantive due process,and the building permit,in 1994.Consequently,the CPLR article 78 claim was timely commenced within 30 days after the denial of variance was arbitrary and capricious. filing of **96 the Board's determination in the office of the town clerk(see Town Law§ 267–c [1]). Affnrned. The petitioner's a declaratory judgment claim was also timely. "[T]o determine the [s]tatute of [1]imitations applicable to a particular declaratory judgment action, the court must Attorneys and Law Firms examine the substance of that action to identify the **95 Mark A. Cuthbertson, Huntington, N.Y., for relationship out of which the claim arises and the relief appellants. sought.' If the court determines that the underlying dispute can be or could have been resolved through a form of Edward S.Raskin,Deer Park,N.Y.,for respondent. action or proceeding for which a specific limitation period is statutorily provided,that limitation *1040 period governs HOWARD MILLER, J.P., DAVID S. RITTER, GLORIA the declaratory judgment action" (Matter of Save the Pine GOLDSTEIN,and ROBERT J.LUNN,JJ. Bush v. City ofAlbany,70 N.Y.2d 193,202,518 N.YS.2d 943, 512 N.E.2d 526, quoting Solnick a nalen, 49 N.Y.2d 224, Opinion 229,425 N.Y.S.2d 68,401 N.E.2d 190).Here,the petitioner's *1039 In a hybrid proceeding,inter alfa,pursuant to CPLR declaratory judgment cause of action in essence sought relief article 78 to review a determination of the Town of Babylon pursuant to CPLR article 78. The petitioner argued that he Board of Appeals filed March 29, 2004, which denied the had a vested right to maintain the garage and that he was petitioner's application for renewal of a building permit issued entitled to a building permit and certificate of occupancy for on September 29, 1993, and for several area variances, and the garage. This claim was based upon his belief that he was an action for a judgment declaring, among other things,that entitled to either area variances or a determination that the the petitioner had a constitutionally vested right to maintain a WESTI-AW ©2022 Thomson Reuters. No claim to original U.S. Government Works. 1 'Vecce v.Town of Babylon, 32 A.D.3d 1038 (2006) 822 N.Y.S.2d 94,2006 N.Y. Slip Op.06863 building was compliant with the zoning code as it existed at to renew the building permit was arbitrary and capricious(see the time the garage was built. Accordingly, the declaratory Town of Orangetown v.Magee,supra). judgment action could have been resolved through the article 78 proceeding. Therefore, the 30—day statute of limitations Additionally,the garage only needed to comply with the 1993 was applicable to all the claims asserted in this case and they version of the Town's zoning code. As such, the petitioner were not barred under the statute of limitations. only needed to obtain an area variance for a rear yard setback. The Board's denial of the area variance for a rear yard setback Turning to the merits, the failure to renew the building was arbitrary and capricious (see Town Law § 267—b[3]; permit deprived the petitioner of substantive due process. A Matter of Crystal Pond Homes v Prior, 305 A.D.2d 595, property owner is denied substantive due process when a 596, 759 N.Y.S.2d 366). The requested rear yard setback governmental decision affecting his or her property has been area variance was not substantial since the petitioner was made in an arbitrary and capricious manner (see Town of requesting a reduction of slightly more than three percent. Orangetown v Magee, 215 A.D.2d 469, 471, 626 N.Y.S.2d A two tenth of one foot variance will not have an adverse 511; Greenbriar, Ltd. a City of Alabaster, 881 F.2d 1570). effect or impact on the physical or environmental conditions Contrary to the appellants' contention, the petitioner had in the neighborhood as evidenced by the environmental a protectible property interest in the building permit. The *1041 statement. Also, it cannot be said that such a de permit was legally issued,the petitioner had made substantial minimus variance would produce an undesirable change in improvements and incurred substantial expenses in reliance the character of the neighborhood or a detriment to nearby on the issued permit,and the permit was illegally revoked(see properties. Lastly, **97 the owners of adjoining properties Matter of Bayswater Health Related Facility v.Karagheuzoff, did not object to the garage. 37 N.Y.2d 408, 373 N.YS.2d 49, 335 N.E.2d 282; Matter The appellants'remaining contentions are without merit. of Temkin v. Karagheuzoff, 34 N.Y.2d 324, 357 N.YS.2d 470, 313 N.E.2d 770; Town of Orangetown v. Magee, supra ). The improper revocation of the building permit resulted All Citations from a clearly erroneous interpretation of the zoning code. Accordingly,under the circumstances of this case,the failure 32 A.D.3d 1038,822 N.Y.S.2d 94,2006 N.Y. Slip Op.06863 End of Document ©2022 Thomson Reuters. No claim to original U.S. Government Works. CV Lam- r APR 1 3 2022 I 5�,ui.h��d Tawr� Board of Trustees WESTAW © 2022 Thomson Reuters No claim to original U S. Government Works. 2 Vecce v.Town of Babylon,32 fraz C 622 N.Y.S.2d 94,2006 N.Y. Slip erected upon his property and that he was entitled to a 32 A.D.3 APR 3 20 i ate of occupancy for the garage,the Town of Babylon Supreme Court,A ellate Division, nd th Town of Babylon Board of Appeals appeal from a Second Department,New Yojudgment of the Supreme Court, Suffolk County (Baisley, _ Board of TruS1002 dated March 24, 2005, which, inter alia, granted the In the Matter of Salvatore VECCE, respondent, Petition and declared that the petitioner had a vested right to maintain the garage and was entitled to a building permit and v. a certificate of occupancy. TOWN OF BABYLON, et al., appellants. ORDERED that the judgment is affirmed, without costs or Sept.26,2006. disbursements. Synopsis In 1993 the petitioner obtained a building permit for the Background: Property owner filed article 78 petition, construction of a detached garage on his property. The challenging the town zoning board's denial of property building permit was revoked in 1994,after the completion of owner's applications for area variances, and application for the garage. Following a decision by the appellant Town of renewal of building permit. The Supreme Court, Suffolk Babylon Board of Appeals (hereinafter the Board) denying County, Baisley, Jr., J., granted petition, and declared that the petitioner's 2003 application to renew his building permit property owner had vested right to maintain the garage and and for the various area variances,the petitioner brought this was entitled to the permit and variances.Town appealed. hybrid article 78 proceeding and declaratory judgment action. Contrary to the appellants' contention, this matter was not Holdings:The Supreme Court,Appellate Division,held that: time barred. The petitioner's 2003 application to the Board was for renewal of his building permit and for several area town zoning board's failure to renew the property owner's variances. It was not one seeking to appeal the revocation of building permit deprived him of substantive due process,and the building permit,in 1994. Consequently,the CPLR article 78 claim was timely commenced within 30 days after the denial of variance was arbitrary and capricious. filing of **96 the Board's determination in the office of the town clerk(see Town Law§267—c[1]). Affirmed. The petitioner's a declaratoryjudgment claim was also timely. "[T]o determine the [s]tatute of [1]imitations applicable to a particular declaratory judgment action, the court must Attorneys and Law Firms examine the substance of that action to identify the **95 Mark A. Cuthbertson, Huntington, N.Y., for relationship out of which the claim arises and the relief appellants. sought.' If the court determines that the underlying dispute can be or could have been resolved through a form of Edward S.Raskin,Deer Park,N.Y.,for respondent. action or proceeding for which a specific limitation period is statutorily provided,that limitation *1040 period governs HOWARD MILLER, J.P., DAVID S. RITTER, GLORIA the declaratory judgment action" (Matter of Save the Pine GOLDSTEIN,and ROBERT J. LUNN,JJ. Bush v City of Albany,70 N.Y.2d 193,202,518 N.Y.S.2d 943, 512 N.E.2d 526, quoting Solnick v. Whalen, 49 N.Y.2d 224, Opinion 229,425 N.YS.2d 68,401 N.E.2d 190).Here,the petitioner's *1039 In a hybrid proceeding, inter alia,pursuant to CPLR declaratory judgment cause of action in essence sought relief article 78 to review a determination of the Town of Babylon pursuant to CPLR article 78. The petitioner argued that he Board of Appeals filed March 29, 2004, which denied the had a vested right to maintain the garage and that he was petitioner's application for renewal of a building permit issued entitled to a building permit and certificate of occupancy for on September 29, 1993, and for several area variances, and the garage. This claim was based upon his belief that he was an action for a judgment declaring, among other things,that entitled to either area variances or a determination that the the petitioner had a constitutionally vested right to maintain a Vecce v.Town of Babylon, 32 A.D.3d 1038 (2006) 822 N.Y.S.2d 94,2006 N.Y. Slip Op. 06863 building was compliant with the zoning code as it existed at to renew the building permit was arbitrary and capricious(see the time the garage was built. Accordingly, the declaratory Town of Orangetown v Magee,supra). judgment action could have been resolved through the article 78 proceeding. Therefore, the 30—day statute of limitations Additionally,the garage only needed to comply with the 1993 was applicable to all the claims asserted in this case and they version of the Town's zoning code. As such, the petitioner were not barred under the statute of limitations. only needed to obtain an area variance for a rear yard setback. The Board's denial of the area variance for a rear yard setback Turning to the merits, the failure to renew the building was arbitrary and capricious (see Town Law § 267—b[3]; permit deprived the petitioner of substantive due process. A Matter of Crystal Pond Homes a Prior; 305 A.D.2d 595, property owner is denied substantive due process when a 596, 759 N.Y.S.2d 366). The requested rear yard setback governmental decision affecting his or her property has been area variance was not substantial since the petitioner was made in an arbitrary and capricious manner (see Town of requesting a reduction of slightly more than three percent. Or•angetovim v Magee, 215 A.D.2d 469, 471, 626 N.Y.S.2d A two tenth of one foot variance will not have an adverse 511; Greenbriar; Ltd. a City of Alabaster 881 F.2d 1570). effect or impact on the physical or environmental conditions Contrary to the appellants' contention, the petitioner had in the neighborhood as evidenced by the environmental a protectible property interest in the building permit. The *1041 statement. Also, it cannot be said that such a de permit was legally issued,the petitioner had made substantial minimus variance would produce an undesirable change in improvements and incurred substantial expenses in reliance the character of the neighborhood or a detriment to nearby on the issued permit,and the permit was illegally revoked(see properties. Lastly, **97 the owners of adjoining properties Matter of Bayswater Health Related Facility v.Karagheuzoff did not object to the garage. 37 N.Y2d 408, 373 N.Y.S.2d 49, 335 N.E.2d 282; Matter The appellants'remaining contentions are without merit. Of Temkin v Karagheuzoff, 34 N.Y.2d 324, 357 N.Y.S.2d 470, 313 N.E.2d 770; Town of Orangetown v. Magee, supra ). The improper revocation of the building permit resulted All Citations from a clearly erroneous interpretation of the zoning code. Accordingly,under the circumstances of this case,the failure 32 A.D.3d 1038,822 N.Y.S.2d 94,2006 N.Y. Slip Op.06863 End of Document ©2022 Thomson Reuters. No claim to original U.S- Government Works. r APR 13 2022 Southold Town Beard of Trustees Vecce v.Town of Babylon, 32 A.D.3d 1038(2006) 822 N.Y.S.2d 94,2006 N.Y.Sl�-Pp. ! _ e erected upon his property and that he was entitled to a 32 A.D. 1 8 p e ' icate of occupancy for the garage,the Town of Babylon st6n,1 3 2022 he Town of Babylon Board of Appeals appeal from a Supreme Court, A I e I)A Second Depa nt, w York. judg ent of the Supreme Court, Suffolk County (Baisley, voUtElOiCi F, Jr., J , dated March 24, 2005, which, inter alia, granted the In the Matter of Salvata e._ r st s et�it` n and declared that the petitioner had a vested right to � , maintain the garage and was entitled to a building permit and V. a certificate of occupancy. TOWN OF BABYLON, et al., appellants. ORDERED that the judgment is affirmed, without costs or Sept.26,2006. disbursements. Synopsis In 1993 the petitioner obtained a building permit for the Background: Property owner filed article 78 petition, construction of a detached garage on his property. The challenging the town zoning board's denial of property building permit was revoked in 1994,after the completion of owner's applications for area variances, and application for the garage. Following a decision by the appellant Town of renewal of building permit. The Supreme Court, Suffolk Babylon Board of Appeals (hereinafter the Board) denying County, Baisley, Jr., J., granted petition, and declared that the petitioner's 2003 application to renew his building permit property owner had vested right to maintain the garage and and for the various area variances,the petitioner brought this was entitled to the permit and variances.Town appealed. hybrid article 78 proceeding and declaratoryjudgment action. Contrary to the appellants' contention, this matter was not Holdings:The Supreme Court,Appellate Division,held that: time barred. The petitioner's 2003 application to the Board was for renewal of his building permit and for several area town zoning board's failure to renew the property owner's variances.It was not one seeking to appeal the revocation of building permit deprived him of substantive due process,and the building permit,in 1994. Consequently,the CPLR article 78 claim was timely commenced within 30 days after the denial of variance was arbitrary and capricious. filing of **96 the Board's determination in the office of the town clerk(see Town Law§ 267—c[1]). Affirmed. The petitioner's a declaratoryjudgment claim was also timely. "[T]o determine the [s]tatute of [1]imitations applicable to a particular declaratory judgment action, the court must Attorneys and Law Firms examine the substance of that action to identify the **95 Mark A. Cuthbertson, Huntington, N.Y., for relationship out of which the claim arises and the relief appellants. sought.' If the court determines that the underlying dispute can be or could have been resolved through a form of Edward S.Raskin,Deer Park,N.Y.,for respondent. action or proceeding for which a specific limitation period is statutorily provided,that limitation *1040 period governs HOWARD MILLER, J.P., DAVID S. RITTER, GLORIA the declaratory judgment action" (Matter of Save the Pine GOLDSTEIN,and ROBERT J. LUNN,JJ. Bush v. City of Albany,70 N.Y.2d 193,202,518 N.Y.S.2d 943, 512 N.E.2d 526, quoting Sobzick v. Whalen, 49 N.Y2d 224, Opinion 229,425 N.Y.S.2d 68,401 N.E.2d 190).Here,the petitioner's *1039 In a hybrid proceeding,inter alia,pursuant to CPLR declaratory judgment cause of action in essence sought relief article 78 to review a determination of the Town of Babylon pursuant to CPLR article 78. The petitioner argued that he Board of Appeals filed March 29, 2004, which denied the had a vested right to maintain the garage and that he was petitioner's application for renewal of a building permit issued entitled to a building permit and certificate of occupancy for on September 29, 1993, and for several area variances, and the garage. This claim was based upon his belief that he was an action for a judgment declaring, among other things,that entitled to either area variances or a determination that the the petitioner had a constitutionally vested right to maintain a Vecce v.Town of Babylon,32 A.D.3d 1038(2006) 822 N.Y.S.2d 941 2006 N.Y. Slip Op.06863 building was compliant with the zoning code as it existed at to renew the building permit was arbitrary and capricious(see the time the garage was built. Accordingly, the declaratory Town of Orangetown a Magee,supra). judgment action could have been resolved through the article 78 proceeding. Therefore, the 30—day statute of limitations Additionally,the garage only needed to comply with the 1993 was applicable to all the claims asserted in this case and they version of the Town's zoning code. As such, the petitioner were not barred under the statute of limitations. only needed to obtain an area variance for a rear yard setback. The Board's denial of the area variance for a rear yard setback Turning to the merits, the failure to renew the building was arbitrary and capricious (see Town Law § 267—b[3]; permit deprived the petitioner of substantive due process. A Matter of Crystal Pond Honres v Prior; 305 A.D.2d 595, property owner is denied substantive due process when a 596, 759 N.YS.2d 366). The requested rear yard setback governmental decision affecting his or her property has been area variance was not substantial since the petitioner was made in an arbitrary and capricious manner (see Torun of requesting a reduction of slightly more than three percent. Or•angetown a Magee, 215 A.D.2d 469, 471, 626 N.Y.S.2d A two tenth of one foot variance will not have an adverse 511; Greenbr•iar; Ltd. a City of Alabaster, 881 F.2d 1570). effect or impact on the physical or environmental conditions Contrary to the appellants' contention, the petitioner had in the neighborhood as evidenced by the environmental a protectible property interest in the building permit. The *1041 statement. Also, it cannot be said that such a de permit was legally issued,the petitioner had made substantial minimus variance would produce an undesirable change in improvements and incurred substantial expenses in reliance the character of the neighborhood or a detriment to nearby on the issued permit,and the permit was illegally revoked(see properties. Lastly, **97 the owners of adjoining properties Matter-of Bayswater Health Related Facility v.Karagheuzoff. did not object to the garage. 37 N.Y2d 408, 373 N.Y.S.2d 49, 335 N.E.2d 282; Matter Of Ternldn v. Karagaheuaoff', 34 N.Y.2d 324, 357 N.YS.2d The appellants'remaining contentions are without merit. 470, 313 N.E.2d 770; Town of Orangetown v. 11agee, supra ). The improper revocation of the building permit resulted All Citations from a clearly erroneous interpretation of the zoning code. Accordingly,under the circumstances of this case,the failure 32 A.D.3d 1038,822 N.Y.S.2d 94,2006 N.Y.Slip Op.06863 End of Document ©2022 Thomson Reuters. No claim to original U.S. Government Works. APR 1 3 2022 66ut!'rt;.16 Town Board of f r►.scees ?Y-Pat-"' X Q 20220412105102 x d D00041222-pdf x M Gmaii-Re:Bashw x ! 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Forms-Archive-Th,- Efile'fOWNow Q 1`=0spt Dime Cornmvnity8— (5 TaxSearch t Tax Receiver]South— 7 Official NY Online— Photo-Caog�--Ph.. Win V:rueniotis,.. » I I AIA Ad 305 County Route 48 X CZ 4 -�.ro search resultsfor 57305 f ..— `w. �. 2020,Aercls J20 i o Aer'al OL IL '984 81E 4 b� 1 �' - a + '• - r may, � _� - •� w _ '962 Aer alp 947 Her aIs YAR — 8 2022 Y. to :�' �os�tfiald Town b • � F t ' G€S VIR AR- Gaogl... Train-Hey,Soul Sis... (1)Vonage Business .4 = Patricia C. Moore 9 A=R"-,, 8 ?M.0 2V? Attorney at Law 51020 Main Road SoutholdTftn Southold,New York 11971 Tel: (631) 765-4330 Fax: (631) 765- 4643 Besty Perkins Paralegal Jaimie Lengyel March 8, 2022 President Goldsmith Southold Town Trustees Town Hall Annex 54375 Route 25 P.O. Box 1179 Southold, NY 11971 RE: TEMIZ PROPERTY ADDRESS: 57305 CR 48, GREENPORT SCTM: 1000-44.-2-3 Dear President Goldsmith and Board: With regard to property located 57305 CR 48, Greenport, New York, I respectfully request that this matter be postponed, without a hearing, and continue on your next calendar in April. I will be out of town for a family medical issue, and I cannot be present at your March meeting. Please continue the public hearing to your April calendar. As requested at the last meeting, enclosed is the architect's site plan with the square footage of the existing on grade deck which the applicant intends to maintain. The Coastal Erosion Hazard Line bisects the northern boundary of the parcel and 537 square feet of the legally existing deck is within the CEHline. 75 square feet of the existing deck is being removed and replaced with pavers on grade, and 293 square feet of the deck is south of the CEHline. In 1984 the owner obtained a building permit and certificate of occupancy for alterations to the existing house, the existing pool, and existing decks. In addition, the existing decks appear as "proposed decks" in the plans submitted for the Zoning Board of Appeals application in 1984 (Appeal # 3306). The decks have been maintained, are fanctionat, the owner intends to continue to maintain the deck as is permitted under the Coastal Erosion Hazard Law. I have also included the aerial photo from the County of Suffolk GIS portal, the most recent aerial which is legible is from 2001 (the 1984 aerial was not legible). The existing structures remain, as legally built, today and are legally entitled to remain. Thank you. Very trUj-Y,yOUrs, atricia C. Moore Encls. i EXISTING WOOD PLATFORM AND 56 SQ FT " STAIR TO BEACH TO EXISTING WOOD BENCH TO BE RESURFACED �, PLATFORM) REMAIN ,° EXISTING STRUCTURE REMAIN UNDISTURBED �� UNDISTURBED _.. w EXJST .-._•-^ �, f w,.t°= "w".�.� .. " ° 9 9{ VINCENT BENIC ARCHITECT PO Box 92,Southold NY 11971 917-414-1925 f �AL i3_ ti - www wbarch,com EXISTING WOO N UNDISTURBED EXIST D FENCE C' AIN'UNDIS RBE •--- .�-^"""� '*, � """ a I —293 SQ.FT (( r F TOTAL 537 SO FT ,..'""" �, �� ESIGN DEVELOPMENT PROGRESS SET li NORTH OF THE „ ," SOUTH OF THE P COSTAL -. ' COSTAL 5/25/21 zBASUBMISSION NOR �" -",� EROSION LINE .,". '"'""'"„ ,,,,r"" EROSION L 12/06/2 TRUSTEE ASU .... E INE SUBMISSION ON . , I 02/28/22 TRUSTEE RESUBMISSION . _ _. .�-_� .. ...... ... ........ ..._ �....._. I� i T7�177777 ��� .��: .__.� _._.. _._ _.__. _ � �6S SQ.FT NEW PA p � - PAVING REPLACING J EXIST DECK NORTH OF THE c'"� COSTAL EROSION LINE �` C, S, I W .................................... Drawings&specifications as instruments of professional serve are,and shall remain,the property of VINCENT GENIC REPLACE EXISTING WOOD PATIO "" ( ARCHITECT No reproduction,in whole or in part,shall be made r 'v^+ without the written authorization of VINCENT BENIC ARCHITECT. WITH NEW 24 X 36 STONE IJP i i + This document Is Intended solely for the construction of the PATI BASE AND t" ' „ roject named herein and shall not be used by any other parties O ON GRANULAR r i � I � {q for any other construction without the written consent of pp PERMEABLE JOINTS. w VINCENT BENIC ARCHITECT. r AROUND TH E ENTIRE POOLAREA k I THE POOL MH 1; } � �� r t �.• DONG k� A it GL 1A� M� Sl T PE M 1kY� Ti'fA' I y� Iv' fii AGE SED UBAINAGE OSE POO .. �' wucPLANTV I LINE OF B C I r PATIO , H 1 I ! I tu.d EXISTING POOL I, — EXPANC2 G T ... EXITING POO r d z EXILING POS L 927 SF W/COPING PATIO 175 S PATIO } Y W � u � 0 k „ .;AOCE.S. OS RY STR9 f F E S (Sd1C l ;r lL r rd 18'10" 2fJ,w6fi� _ r I"r rr f,t .ae—. ,. I p (., VBA Prof#: Seal: d378..2 y ✓ ' 2 r 10 Drawn: d ✓ r r 77t y C I .t is WM r Lf' ,-�.... 'r �` ^ Checked: c'S 7` ICS 9'2"•_ OfiA%% NEW ENTETwTAYNMENT R0011A. f [ON Sy W v6 Y v. %f/ My- ,nnr ,.wtYM ILAS OU G -pl",. Z t.✓ hyo WY ^r '_1ha" r /�%fir+ ?�. RADE'"6 tL� vr ° DECKC w4A NEW FRENCH r U 7 Cl) D , � 956 DECKAND CLOSETS(189 SF)TO BEREhlOVE�YdwiWFhJ•• � � Vend Benic AIA, 195 SF OF NEw ( ' ` ' up ,,,DECK.INCLUDING ' LOWEREDRA NEW ADD TION DECK �"ODTO I�CONNECTED ',I -, �,., i NYS#014883 7 t 6t �•L. '* r"^ TO BE ENCLOSED AND USED �d a .� I ". ....Drawing Title „. r0 FORA NEW ENTERTAINMENT ROOM 0''t. YWE L I r , al4 �` � �.�...�. _—,� , I - 57305 North Rd. Residence UP Southold, NY 11971 LIN v 41-1 AND NEW Drawing Title VR c I r k Y i DECK TO BE DEQMOLISHED '%"t " FIRST FLOOR PLAN NEW FRENCH H A (POOL TERRACE) 1 DRAIN CONNECTED EXIST. Drawing Number �l TOANEW EXIST. DRYWELL ZIW 1ST FLOOR AND STEPPOOLTFORM EQUIPMENT TO A-101 1 REMAIN W ,,,,,,,, �. ,,,,,_..._ UNDISTURBED ........ .....� .�.�. ........ ... ..... __........ .... _ Glenn Gc lith, President Town Hall Annex A.Nicholas Krupski, Vice President >j �`` 54375 Route 25 Eric Sepenoski 00P.O.Box 1179 Liz Gillooly ,. Southold,NY 11971 Elizabeth Peeples " Telephone(631)765-1892 Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Date/Time: `Z"L- I U 30qM Completed in field by: L-F jGer Patricia Moore, Esq. on behalf of LEVENT TEMIZ requests a Wetland Permit and a Coastal Erosion Permit for the existing (2,317sq.ft.) two-story dwelling with attached garage and to construct a new 155sq.ft. addition onto the center of the dwelling on the seaward side with a second-floor terrace above; for the existing 11.4'x4.1' storage room under existing stairs on west side of dwelling; existing 927sq.ft. swimming pool; for the existing 90' of pool fencing along seaward side of deck, 75' along east side, and 75' along west side with 15' to the dwelling with gates; existing decking around and seaward of pool is in part above grade and at grade and is to be modified by resurfacing the 830sq.ft. seaward portion of decking with existing structure to remain undisturbed, and existing portion of deck around pool is being replace with a 2,302 stone patio on granular base and permeable joints on grade which includes a 4' expansion on the west side of patio; expand existing 81 sq.ft. wood deck on westerly side of dwelling an additional 195sq.ft. for a total 276sq.ft. and install a 7'10"x9'2" hot tub on deck; resurface existing 42sq.ft. easterly side deck; and for the existing 70sq.ft. landing leading to 4'x20' stairs to beach. Located: 57305 County Road 48, Greenport. SCTM# 1000-44-2-3 CH. 275-3 SETBACKS WETLAND BOUNDARY: Actual Footage or OK=q Setback Waiver Required 1. Residence: 100 feet 2. Driveway: 50 feet 3. Sanitary Leaching Pool (cesspool): 100 feet 4. Septic Tank: 75 feet 5. Swimming Pool and related structures: 50 feet 6. Landscaping or gardening: 50 feet 7. Placement of C&D material: 100 feet TOP OF BLUFF: 1. Residence: 100 feet 2. Driveway: 100 feet 3. Sanitary leaching pool (cesspool) 100 feet: 4. Swimming pool and related structures: 100 feet Public Notice of Hearing Card Posted: Y / N Ch. 275 X Ch. 111 )C SEQRA Type: I II Unlisted Action Type of Application: Pre-Submission Administrative Amendment Wetland Coastal Erosion Emergency Violation Non-Jurisdiction Surveys 5 years: Y/N Wetland Line by: C.E.H.A. Line Additional information/suggested modifications/conditions/need for outside review/consultant/application completeness/comments/standards: Lvv `vo ca �� C,� e Gly � �� � Q► � � _ � vl� ;✓l� �aClc �� 11 � ,� t� � r -Di � t I have read & acknowledged the foregoing Trustees comments: Agent/Owner: Present were: �► G. Goldsmith Q N. Krupski E. Sepenoski /,'4 L. Gillooly E. 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Issued/Revision 5/ I I N 1 ZBA S BM SS 0 26/2 U Drawings&specifications as instruments of professional service are,and shall remain,the property of VINCENT BENIC ARCHITECT. No reproduction,In whole or in part,shall be made _ without the written authorization of VINCENT BENIC ARCHITECT This document is intended solely for the construction of the project named herein and shall not be used by any other parties for any other construction without the written consent of VINCENT BENIC ARCHITECT. b a WEST ELEVATION REAR YARD FROM 2nd FLOOR Scale: State: f- { 1 _ --- VBA Proj#: Seal: tir 378.2 n :. ' Drawn: j.._ WM Checked: _._ y.. VB ti - °-•�' - Venci Benic,AIA, NYS#014883 _ rf Drawing Title ... I y 57305 North Rd. Residence f F Southold, NY 11971 .,rr•� / / � � ' t, \tib \�: _ __., `. � _ �� Drawing Me . � R T PHOTOS =M -� LOCATION OF NEWADDOTION UNDER BALCONY LOCATION OF NEWADDOTION and EXIST. 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Main Rd. &Youngs Ave.) Southold, NY 11971 r� � ^�jTelephone: 631 765-1938 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Glenn Goldsmith, President Town of Southold Board of Trustees From: Mark Terry, AICP LWRP Coordinator Date: February 14, 2022 Re: LWRP Coastal Consistency Review for LEVENT TEMIZ SCTM#1000-44-2-8 The Southold Town Zoning Board of Appeals issued a determination (7557) for the action on November 18, 2021, and found the action CONSISTENT with the LWRP under their review. Patricia Moore„ Esq. on behalf of LEVENT TE'MIZ requests a Wetland Permit and' a Coastal Erosion Permit for the existing (2,817sq,ft.)two-story dwelling with attached garage and to construct a new 155sq.ft, addition onto the center of the dwelling on the seaward side with a second-floor terrace above= for the existing 11.4'x4.1° storage .room under existing stairs on west side of dwelling; existing 927sq.ft. swimming pool;for the existing 90' of pool fencing along seaward side of deck, 75' along east side, and 75' along west side with 15'to the dwelling with gates; existing decking around and seaward of pooh is in part above grade and at grade and is to be modified by resurfacing the 880sq.ft. seaward portion of decking with existing structure to remain undisturbed, and existing portion of deck around pool is being replace with a 2,,302 stone patio on granular base and permeable joints on grade which includes a 4' expansion on the west side of patio; expand existing 81 sq,ft, wood deck on westerly side of dwelling an additional 195sq.ft. for a total' 278sq.ft. and install' a 7'10°'x97' hot tub on deck, resurface existing 42sq.ft. easterly side deck; and for the existing 70sq.ft, landing leading to 4"x20" stairs to beach. Located: 57305 County Road 48, Greenport. SCTM# 1000-44-2- The proposed action has been reviewed to Chapter 258, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me„ the proposal for the existing wooddeck and bench to be resurfaced is recommended as INCONSISTENT with the LWRP. Policy 4.1 "'Minimize losses of human lila and structures from flooding and erosion hazards.." The following management measures to minimize losses of human life and,structures from flooding and erosion hazards are recommended.- specifically," 1. Avoid development other than water-dependent uses in coastal hazard areas. Locate new development which is not water-dependent as far away from coastal hazard areas as practical. a. No development is permitted in natural protective feature areas, except as specifically allowed under the relevant portions of 6 NYCRR 505.8. b. Avoid hazards by siting structures to maximize the distance from Coastal Erosion Hazard Areas. Portions of the wood deck and wood bench to be resurfaced are located seaward of the Coastal Erosion Hazard line. The construction of nonmovable structures or placement of major nonmovable additions to an existing structure is prohibited in the structural hazard area (Bluff). Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Damon Hagan, Assistant Town Attorney John G. Stein,Chairperson Town Hall,53095 Main Rd. Lauren Standish,Secretary P.O.Box 1179 Southold,NY 11971 " Telephone(631)765-1889 Fax(631)765-1823 Conservation Advisory Council Town of Southold At the meeting of the Southold Town Conservation Advisory Council held Wed., February 9, 2022 the following recommendation was made: Moved by John Stein, seconded by John Chandler, it was RESOLVED to NOT SUPPORT the application of LEVENT TEMIZ to remove the wood decking around the pool with patio, and construct addition to dwelling. Permit for two-story dwelling with attached garage, wood decking, additions and alterations, and one-story garage. Existing pool, decks, and pool fence. Proposed addition in the center of the existing dwelling. Proposed storage room under existing stairs, existing deck, proposed hot tub with expanded wood deck; permeable patio, and existing beach stairs 4'X 20' to beach. Located: 57305 County Rd. 48, Greenport. SCTM#44-2-3 Inspected by: John Stein, Maggie Merrill The CAC does Not Support the application because a portion of the deck is located within the CEHA, the beach stairs should have removable/retractable stairs at the base, and the CAC questions the maintenance of the deck being exempt from CEHA. Vote of Council: Ayes: All Motion Carried All structures pre-date Trustees jurisdiction. I have included in this wetland permit the existing structures to have a complete wetland permit for all structures. In 2021 ZBA granted the variance for the addition to the deck. The existing 15' setbacks are being maintained but the combined side yards pre-date code (combined side yards when the house was built were 301), now the combined side yards are 35' on a pre-existing lot (the lot width is 100 when code requires 175') resulting in variance for "combined" side yard setback. (Variance attached) Project Description: All as shown on site plan by Vincent Benic, Architect last dated 12-6- 21 The two-story house with attached garage (2317 sq. ft.) and existing wood decking (3953 sq. ft.) are legal and have COs from 1962 (original house) and additions & alterations made in 1986 including the wood deck(on grade). A one-story garage (778 sq. ft.) is more than 150' from top of bank. Existing structures: • Existing pool (CO issued)-927 sq.ft. • Existing decks (CO issued)-3953 sq.ft.) Existing pool fence along the seaward side of deck (@90') and 75' along east & 75' along west side of the property and 15' to the house with gates. (CO issued) • A Variance was granted in 1984(Appeal#3306)for the accessory building in the front yard 5' from the side yard. (CO issued)-garage is more than 100' to top of bluff. Proposed: • A proposed addition in the center of the existing house. The new Addition of 155 square feet is filling in an area of the house landward of the pool with 2nd floor terrace. The proposed enclosure of roof-over decking into the living area (new entertainment room) did not require a variance and is over the existing structures. • Storage room under existing stairs (west side of house) (11.4' x 4.1') • Existing deck is in part above grade and at grade,as it follows the contour of the land. The 830 sq.ft. decking to be resurfaced, as needed, and existing structure to remain undisturbed. Part of deck is within the CEHLine. (CO issued in 1984 for this deck) • A proposed hot tub with expanded wood deck,on the west side of the house including 7'10" x 9'.2" hot tub, 276 deck(195 sq.ft. new and 81 sq. ft existing). • Permeable Patio-The overall lot coverage is being reduced from 18.8% to 12.9%.The existing wood deck around the pool is being replaced by patio material,24 x 36 stone patio on granular base and permeable joints on grade. Wood Decking replaced with permeable pavers 3,953 sq.ft. and patio expanded on the west side 4' • Existing 70 sq.ft. landing at top of beach stairs,and beach stairs 4' x 20' to beach(part of CO from 1984) E fry 2 p pn (z • On east side: existing 42 sq.ft.wood deck to be resurface V� 15 8 V [5 FEB - 3 Southold Town Board of Trustees Additional Points: RESPONSE TO LWRP: During the ZBA hearing LWRP made a finding of"inconsistent". Resurfacing the deck is normal maintenance to a legal structure built in 1984, the "proposed wood patio" is shown on the plans for the ZBA variance (appeal #3306), granted for the garage in 1984. The existing deck has been maintained since it was built. LWRP: MINOR ACTIONS Include the following actions, which are not subject to review under this chapter: A. Maintenance or repair involving no substantial changes in an existing structure or facility. JJ. Construction or installation of drainage improvements for the retention of storm water runoff in accordance with Chapter 236. Chapter 111: Coastal Erosion Hazard Law, adopted by Local Law 24, 1991. Chapter 111 is not applicable for normal maintenance of existing structures. Applicable language: EXISTING STRUCTURE A structure and appurtenances in existence, or one where construction has commenced, or one where construction has not begun but for which a building permit has been issued prior to the effective date of the chapter. NORMAL MAINTENANCE Periodic replacement or repair of same-kind structural elements or protective coatings which do not change the size, design or function of a-functioning structure. A "functioning structure" is one which is fully performing as originally designed at the time that normal maintenance is scheduled to begin. "Normal maintenance" of a structure does not require a coastal erosion management permit. The decks are existing which predate Coastal Erosion Hazard Law. The topography of the existing property slopes from the street to the top of the bluff. (Elevation at the pool level is at @14 to 16 at the north end of the property. The decking and vegetation around the decking is at the same elevation. All the decking was constructed to be primarily "on grade". Maintenance of existing structures is exempt from Coastal Erosion Law. t"' E u FEB - 32 Southafd Town Board of Trustees l The existing wood deck around the pool which is seaward of the CEH line will be replaced with pervious material on grade. Patio on grade is not a "structure". The Stone Patio & additional drainage is intended to reduce lot coverage and address drainage. The proposed work is an environmental improvement and consistent with both the LWRP and Coastal Erosion Law. FEB - 3 2022 Southold Town Board of Trustees BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson O�'�0�'S�Urypl 53095 Main Road- P.O.Box 1179 Patricia Acampora 4 Southold,NY 11971-0959 Eric Dantes Office Location: Town Annex/First Floor, Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue) Nicholas PlanamentoOIyC Southold,NY 11971 4, F IT-1 http://southoldtownny.gov 4 i _ ZONING BOARD OF APPEALS I DEC 1 3 2021 ! w F'r TOWN OF SOUTHOLD Tel.(631)765-1809-Fax(631)765-9064 -,'FINDINGS DELIBERATIONS AND DETERMINATION MEETING OF NOVEMBER 18 2021 ZBA FILE: 7557 NAME OF APPLICANT: Levent Temiz PROPERTY LOCATION: 57305 CR 48, Greenport,NY SCTM No. 1000-44-2-3 .SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23,and the Suffolk County Department of Planning issued its reply dated July 30, 2021 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated October 5, 2021. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department,as well as the records available, it is recommended that the proposed "wood decking being resurfaced" is INCONSISTENT with LWRP policy standards and therefore is INCONSISTENT with the LWRP. However, all of the existing structure for the deck located in the CEHA will remain undisturbed and will not cause adverse impact to the bank/bluff, and the majority of the as built deck landward of the CEHL is proposed to be removed and replaced with a permeable at grade stone patio. Based upon this improvement and the condition imposed herein the Board now finds the action to be CONSISTENT with the LWRP. The side yard setback of 15 ft and the combined side yard setbacks is EXEMPT from LWRP review. PROPERTY,FACTS/DESCRIPTION: The subject parcel is a 42,428 SF lot located in an R-40 Zoning District. The property has a 100.18 feet road frontage along County Road 48 to the south,then turns north for 409 feet towards Long Island Sound,then runs 106.45 feet east along Long Island Sound before returning 439.54 feet back to County Road 48. The property is improved with an existing two story framed house and accessory garage, with attached wood decks and an in-inground accessory swimming pool. There is also a one story accessory garage located in the front yard as shown on survey prepared by John T.Metzger,L.S.,last revised August 20,2021. BASIS OF APPLICATION: Request for Variances from Article IV, Section 280-18; and the Building Inspector's June 17,2021 Notice of Disapproval based on an application for a permit to construct additions and alterations to a single family dwelling and attached deck;at 1) located less than the code required minimum side yard setback of 15 feet;2)located less than the code required minimum combined side yard setback of 35 feet;located at:57305 County Road 48,(Adj.to Long Island Sound)Greenport,NY. SCTM No. 1000-44-2-3. 1 Page 2,November 18,2021 #7557,Temiz SCTM No. 100044-2-3 RELIEF REQUESTED: The applicant requests variances to resurface positions of an as built wood deck and construct a new 185 sq. ft. deck expansion with hot tub at a conforming 15 feet from the west property line. Due to the existing non-conforming undisturbed side yard setback of 13 feet on the east side of the house,where a 15-foot minimum is required, a side yard setback variance is required. Also due to this existing non-conforming side yard setback,the combined side yard setback is 28 feet where a combined 35 foot minimum is required. ADDITIONAL INFORMATION: _Testimony taken during the hearing by the owner's representative was given that the project will actually decrease the amount of building covering the lot by the change from wood pool decking to a stone deck on grade with permeable base. Also, there is a new Innovative Advanced (UA) Sanitary System proposed to be placed in the front yard. As per the LWRP report issued by the Town of Southold, the side yard setback requirements of this project are found to be EXEMPT from the LWRP. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on November 4,2021 at which time written and oral evidence were presented. Based upon all testimony,documentation,personal inspection of the property and surrounding neighborhood, and other evidence,the Zoning Board fords the following facts to be true and relevant and makes the following findings: 1. Town Law 4267-b(3)(b)(1). Grant of the variances or will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The work proposed is keeping with the existing side yard setbacks, and the deck resurfacing will actually reduce the lot coverage. 2. Town Law §267=b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method,feasible for the applicant to pursue, other than an area variance. Any work to the house will need variance relief due to the existing non-conforming setbacks. 3. Town Law&267-b(3)(b)(3). The variances granted herein are mathematically substantial;representing 13%for a single side yard setback,and approximately 20%for a combined side yard setback. However,the non-conforming side yard setback along the easterly property line already exists and is being maintained, the westerly side yard setback is proposed to be conforming and the lot coverage is proposed to be reduced from 18.8%to 12.9%.based on the removal of most of the existing pool decking. 4. Town Law §267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code and the condition of this Board involving the installation of a new Innovative Advanced (UA) Sanitary System as approved by the Suffolk County Department of Health Services. S. Town Law§267-b(3)(b)(). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant bad actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Toivn Law 12_67-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a new pool patio,new hot tub with new decking while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD:In considering all of the above factors and applying the balancing test under New York Town Law 267-B,motion was offered by Member Lehnert,seconded by Member Acampora,and duly carried, to Page 3,November 18,2021 #7557,Temiz SCTM No. 100044-2-3 GRANT the variances as applied for and shown on the Architectural Plans and Site Plans drawn by Vincent Benic, Architect, last revised July 20,2021. SUBJECT TO THE FOLLOWING CONDITIONS: 1. Installation of anew Innovative Advanced(UA)Sanitary System as approved by the Suffolk County Department of Health Services. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s)granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. In the event that this is an approval subject to conditions, the approval shall not be deemed effective until such time that the foregoing conditions are met; and failure to comply therewith will render this approval null and void. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any-variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/or a subdivision map has not been filed with the Suffolk County Clerk,within three (3)years from the date such variance was granted. The Board of Appeals may, upon written request prior to the date of expiration, grant an extension not to exceed three(3) consecutive one (1)year terms. Vote of the Board: Ayes:Members Weisman(Chairperson)Dantes,Acampora,Planamento and Lehnert. This Resolution was duly adopted(5-0). Leslie Kanes Weisman, Chairperson Approved for filing �� / �a/2021 Glenn Goldsmith,President ®F Town Hall Annex A.Nicholas Krupski,Vice President r�q fir` ��� 54375 Route 25 P.O.Box 1179 John M. Bredemeyer III r Southold,New York 11971 Michael J.Domino @ Telephone(631) 765-1892 Greg Williams ®' Fax(631) 765-6641 Co -- !� E ,�` r BOARD OF TOWN TRUSTEES B TOWN OF SOUTHOLD DEC 1 3 2021 This Section For Office Use Only s�« 10_2 '^fir s• tttt�� i�D Coastal Erosion Permit Application ,ww wov w p(acQ wif �----- :XWetland Permit Application eA_vv\w m_ Vvb0A cut A %r' p lcu'e � pG.Xto Administrative Permit Amendment/Transfer/Extension Received Application: IZ-13.21 �,cSO Received Fee: $ ®, ✓ Completed Application: IZ•1�.� Incomplete: SEQRA Classification: Type I - Type H Unlisted Negative Dec. Positive Dec. Lead Agency Determination Date: �oordination:(date sent): LWRP Consistency Assessme t Form Sent: oZ —� AC Referral Sent:_ y Date of Inspection: Receipt of CAC Report: Technical Review: VPublic Hearing Held: Resolution: Owner(s)Legal Name of Property (as shown on Deed): D—_em f Z Mailing Address: 73�� c'12 Com' 1 Phone Number: z D / f Z Z 7 Suffolk County Tax Map Number: 1000 -_ 4 Ll — L,Q Property Location: 5 4 A ���(1-✓� (If necessary,provide LILCO Pole#, distance to cross streets, and location) AGENT(If applicable): ?&bC1UCL C- ► / I 0 o r-c- g Mailin Address: k 02I"\0 CA I n Phone Number: 0( '7 1 7. 3 ® Email: 00I-r-. OD ifC Om CWj s CZ/3 0 Board of Trustees App]-_ ration GENERAL DATA Land Area(in square feet): Area Zoning: Previous use of property: S bUyc& Intended use of property: \/V o OCA "Q-r— C yD � QV6 � W&(Cti� Covenants and Restrictions on property? Yes _XNo If"Yes",please provide a copy. Will this project require a Building Permit as per Town Code? Yes No If"Yes", be advised this application will be reviewed by the Building Dept. prior to a Board of Trustee review and Elevation Plans will be required. Does this project require a variance from the Zoning Board of Appeals? YeR No If"Yes", please provide copy of decision. Will this project require any demolition as per Town Code or as determined by the Building Dept.? Yes _ C-No Does the structure (s) on property have a valid Certificate of Occupancy? Yes No Prior permits/approvals for site improvements: r Agency Date No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? u No Yes If yes, provide explanation: . Project Description(use attachments if necessary): ` 1 All structures pre-date Trustees jurisdiction. I have included in this wetland permit the existing structures to have a complete wetland permit for all structures. In 2021 ZBA granted the variance for the addition to the deck. The existing 15' setbacks are being maintained but the combined side yards pre-date code(combined side yards when the house was built were 301), now the combined side yards are 35' on a pre-existing lot(the lot width is 100 when code requires 175') resulting in variance for "combined" side yard setback. (Variance attached) Project Description: All as shown on site plan by Vincent Benic, Architect last dated 12-6- 21 The two-story house with attached garage(2317 sq. ft.) and existing wood decking(3953 sq. ft.) are legal and have COs from 1962 (original house) and additions & alterations made in 1986 including the wood deck(on grade). A one-story garage(778 sq. ft.) is more than 150' from top of bank. Existing structures: • Existing pool(CO issued)-927 sq.ft. • Existing decks (CO issued)-3953 sq.ft.) • Existing pool fence along the seaward side of deck (@90') and 75' along east & 75' along west side of the property and 15' to the house with gates. (CO issued) • A Variance was granted in 1984(Appeal#3306)for the accessory building in the front yard 5' from the side yard. (CO issued)-garage is more than 100' to top of bluff. Proposed: • A proposed addition in the center of the existing house. The new Addition of 155 square feet is filling in an area of the house landward of the pool with 2nd floor terrace. The proposed enclosure of roof-over decking into the living area (new entertainment room) did not require a variance and is over the existing structures. • Storage room under existing stairs (west side of house) (11.4' x 4.1') • Existing deck is in part above grade and at grade,as it follows the contour of the land. The 830 sq.ft. decking to be resurfaced, as needed, and existing structure to remain undisturbed. Part of deck is within the CEHLine. (CO issued in 1984 for this deck) • A proposed hot tub with expanded wood deck(185 square foot deck) on the west side of the house including 10' x 20' hot tub on deck. • Permeable Patio-The overall lot coverage is being reduced from 18.8%to 12.9%.The existing wood deck around the pool is being replaced by patio material,24 x 36 stone patio on granular base and permeable joints on grade. Wood Decking replaced with permeable pavers 3,953 sq.ft. and patio expanded on the west side 4' • Existing beach stairs 4' x 20' to beach (part of CO from 1984) 1 ,1 Board of Trustees App]_<. cation WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: e4.1VM'VC WOOc qa- -kC.0i Ce�►'Oy nd ID Q No C11 GmG e- —hO WCL!Ck --Lc�c M- -Q�3 Area of wetlands on lot: square feet Percent coverage of lot: % Closest distance between nearest existing structure and upland edge of wetlands: s—' feet Closest distance between nearest proposed structure and upland edge of wetlands: go �teeto Does the project involve excavation or filling? No Yes If yes,how much material will be excavated?, / 4 cubic yards How much material will be filled? �J 1A cubic yards Depth of which material will be removed or deposited: feet Proposed slope throughout the area of operations: 5 v Les �DWOAA S` Manner in which material will be removed or deposited: !�5m 0-jQQ -e Co U �D fY Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason of such proposed operations(use attachments if appropriate): X11 one o4J�hIA6 C QTc S Board of Trustees AppJ .ation COASTAL EROSION APPLICATION DATA Purposes of proposed activity: -oxu s'.6�14A_ NV ULturc W q+1 0- 0 17 G1-V1- 0'-' Ckc 1 L- (k) Ctl�Arr?7t -' kl0 C,(/1 Q m Cd e L&MO-J, Are wetlands present within 100 feet of the proposed activity? No X Yes Does the project involve excavation or filling? X No Yes If Yes, how much material will be excavated? til!A _(cubic yards) How much material will be filled? NIA- (cubic yards) Manner in which material will be removed or deposited: h A ra —_ tntb(a C-0- (g'wk-s C( yl oo-0, Describe the nature and extent of the environmental impacts to the subject property or neighboring properties reasonably anticipated resulting from implementation of the project as proposed, including erosion increase or adverse effects on natural protective features. (Use attachments if necessary) l�lt�l/12-•- (JY�fl�Y1-c.�- ►s_ �I�� _kM,�-r?. _ _ILIGL-�-c lr-�. �G��-UY� A'VI - NNr rna_A (n•fVM41uc? sh� Ov 000i ►s .yy►G mrPc1 "�a1 o I Z o) Oyl YGrde�,_ CS n bf G S,�y1J C t h^P l�SS1Cylti �� s9 UMt aA 1ti'lzd &,n� rn 161v- _ Chapter 111: Coastal Erosion Hazard Law, adopted by Local Law 24, 1991. Chapter 111 is not applicable for normal maintenance of existing structures. Applicable language: EXISTING STRUCTURE A structure and appurtenances in existence, or one where construction has commenced, or one where construction has not begun but for which a building permit has been issued prior to the effective date of the chapter. NORMAL MAINTENANCE Periodic replacement or repair of same-kind structural elements or protective coatings which do not change the size, design or function of a functioning structure. A "functioning structure" is one which is fully performing as originally designed at the time that normal maintenance is scheduled to begin. "Normal maintenance" of a structure does not require a coastal erosion management permit. The decks are existing which predate Coastal Erosion Hazard Law. The topography of the existing property slopes from the street to the top of the bluff. (Elevation at the pool level is at @14 to 16 at the north end of the property. The decking and vegetation around the decking is at the same elevation. All the decking was constructed to be primarily "on grade". Maintenance of existing structures is exempt from Coastal Erosion Law. The existing wood deck around the pool which is seaward of the CEH line will be replaced with pervious material on grade. Patio on grade is not a "structure". The Stone Patio & additional drainage is intended to reduce lot coverage and address drainage. The proposed work is an environmental improvement and consistent with both the LWRP and Coastal Erosion Law. 6I Z20 Appendix B Short Environmental Assessment Form Instrue-dons for Completing Part 1-Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based oninformation currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1-Project and Sponsor Information Name of Action or Project: Project Location(describe,and attach a location map): Brief Description of Proposed Action: re-'J 166 YL' @' Name of Applicant or Sponsor: Telephone: ;7 -'V'e v� ; .A E-Mail: Address: City/PO: State: _ Zip Code: V,\)co CA C I 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: 3.a.Total acreage of the site of the proposed action? 4 acres b.Total acreage to be physically disturbed? a'L acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ❑Rural(non-agriculture) ❑Industrial ❑Commercial `b'Residential(suburban) ❑Forest ❑Agriculture ❑Aquatic ❑Other(specify): ❑Parkland Page 1 of 4 l ��J v 5. Isthe proposed action, NO YES N/A a.A permitted use under the zoning regulations? b. Consistent with the adopted comprehensive plan? 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: —- __7 rbArie proposed action result in a substantial increase in traffic above present levels? NO YES lic transportation service(s)available at or near the site of the proposed action? c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: ' 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: ,r+ 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? ' b.Is the proposed action located in an archeological sensitive area? f 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? ,® b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? If Yes,identif the wetland or waterbody and extent of alterations square feet or acres: 14. Id�tify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: ®Shoreline ❑Forest ❑Agricultural/grasslands ❑Early mid-successional ❑ Wetland ❑Urban ❑Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? 16.Is the project site located in the 100 year flood plain? NO x-YES 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, a.Will storm water discharges flow to adjacent properties? I(NO❑YES e, b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: Q140❑YES Page 2 of 4 18.Does the proposed action include construction or other activities that result in the impoundment FyE-§71 S water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: 19.Has the site of the proposed action or an adjoining property been the location of an active or closed � YES solid waste management facility? If Yes,describe:_ 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or LNO YES completed)for hazardous waste? If Yes,describe: I AFFIRM T THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATEKNOWLEDGE T T , Applicant/sponsor name: Date: Signature: ,� = Part 2-Impact Assessment. The Lead Agency 1s responsible for the completion of Part 2; Answer all of the following questions in Part,2 using the information contained in Part I and other materials submitted by the project sponsor or otherwise available to the,reviewer. When answering the questions the reviewer should be guided by the concept`Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may occur occur I. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: &public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 No'or Moderate SMaff to large inapact impact may may occur --occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage problems? 11. will the proposed action create a hazard to environmental resources or human health? Part 3-Deternifnation of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and cumulative impact& 7 Chec�k this box if you have determined,based on the information and analysis above,and any supporting documentation, that ' that.the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. S,J f 'Xc Zi al:?2 Name of Lead Agency Date ('N Print(f Type Name of Responsible Officer in Lead Agency Title of Responsible Officer _Signature of Responsible Officer in Lead Agency Signature­olPreparer(if'different�from Responsible Officer) Page 4 of 4 Y Board of Trustees Application AUTHORIZATION (where the applicant isnot the owner) Levent Temiz, as owner of premises 57305 CR 48, Greenport(sctm: 1000-44.-2- 3)residing at 221 Chestnut Ridge Road, Woodcliff Lake,NJ 07677 do hereby authorize our attorney, Patricia C. Moore, to apply for permit(s) and appear before the Southold Board of Town Trustees on our behalf. �. (owner's signature) LEVENT TEMIZ Swao before m t 's day o C , 2021 Aotary,Pju_ blic?7� Laure JSabo-Denman Notary Public of NowJQM9Y commission ID#2433M commission Expims 611123 Board of Trustees Application County of State of New York LEVENT TEMIZ, BEING DULY SWORN DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMITS)AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVES(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. �� 12 LEVENT TEMIZ Sw tore Iethis day o �� , 2021 Dura J Sabo-Denman Glary Public of New Jersey Commission 113#2433W Notary Public Gomm ae n 1144 APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER=S AGENT) The Town of Southold=s Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of Possible conflicts of interest and allow it to take whatever action is necessary to avoid same YOUR NAME: LEVENT TEMIZ AND MOORE, PATRICIA C. (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance _X Special Exception If AOther@, name the activity: Change of Zone Approval of Plat Exemption from Plat or Official Map Other Trustees Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? ARelationship@ includes by blood, marriage, or business interest. ABusiness interest@ means a business, including a partnership, in which the Town officer or employee has even a partial ownership of(or employment by)a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO_X Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is(check all that apply): A)the owner of greater than 5% of the shares of the corporate stock of the applicant(when the applicant is a corporation); B)the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C)an officer, director, partner, or employee of the applicant; or D)the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this day of 'I�� � signature: LEVETEMIZ --"Patricia C. Moore _f J APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethicsprohibits conflicts of interest on the part oftown officers and employees.The purnose of this-form is to provide inforination which•can alert-the town ofgossible conflicts of-interest and allow it to,take whatever action,is necessaryto avoid same. YOUR NAME: (Last name,first name,Aniddle hiitial,unless you are applying id the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Variance Trustee Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (If"Other",name the activity.) Do you personally(or through your company,spouse,sibling,parent;or child)have a relationship„with any officer or employee of the Town of Southold? "Relationship”includes_by,'blood,marriage,or business interest"Business interest'means a-business, including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee,owns more than 5%of the shares. YES NO �< — If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agcnt/representative)and the town officer or employee.Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply): A)the owner of greater than 5%of the-shares of the corporate stock of`the applicant (when the applicant is a corporation); B)the legal or beneficial owner of anyinterest in a non-corporate entity(when the applicant is nota corporation); C)an officer,director,partner,or employee of the applicant;or D)the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted is 20 $ignatur — Print Nam _ Form TS 1 � Glenn Goldsmith,President o�pSUFFOLKC Town Hall Annex A.Nicholas Krupski,Vice President ;�� Gyp 54375 Route 25 Eric Sepenoski y P.O.Box 1179 Liz Gillooly ��a' Southold,NY 11971 Elizabeth Peeples r 'h0� Telephone(631)765-1892 ---------- ------------- ------=---------- - ----------=���.�---------- ----------------Fax(63-1)7b5-6641 ---------- BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD February 3, 2022 Patricia Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Board of Trustees Application of Levent Temiz 57305 County Road 48, Greenport SCTM# 1000-44-2-3 To Whom It May Concern: You are receiving this letter as notice that this application is now scheduled to be heard by the Southold Town Board of Trustees via a combination of an in-person meeting and videoconferencing on Wednesday, February 16, 2022 beginning at 5:30 P.M. Please continue to check the Town's website as the meeting date approaches for the latest meeting agenda and videoconferencing information. Enclosed is an informational notice regarding the videoconferencing meeting and how to access the online meeting. Please mail a copy of the informational notice along with all other required paperwork to each of the adjacent property owners. Please keep a copy of said informational notice for your records so that you can access the meeting in order to have a conversation with the Board during your application review. Truly Y rs Glenn Goldsmith, President Board of Trustees I 51020 MAIN ROAD SOUTHOLD NY 11971 631.765.4330 PATRICIA C.MOORE(BY• L ) DI 55 I2Z COMMENT: E n closed Pease een r e+urfn S UPS +�,e�e BOARD OF TRUSTEES TOWN OF SOUTHOLD: NEW YORK ---------------------------------------------------------------x In the Matter of the Application of AFFIDAVIT OF SIGN TEMIZ POSTING Regarding Posting of Sign Upon Applicant's Land Identified as 1000-44.-2-3 ---------------------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, PATRICIA C. MOORE, residing at Southold, New York being duly sworn, depose and say that: On the 7f day of February, 2022, 1 personally posted the property known as 57305 CR 48, Greenport, New York by placing the board of Trustees official Poster where it can easily be seen, and that I have checked to be sure the post has remained in place for eight(8) days prior to the date of the public hearing. Date of Hearing to be held on Wednesday, August 18, 2021 at or about 5:30 p.m,',"11, cia C. Moore Sworn to before me this /s day of T�b , 206?c---' otary Publi ETSYA.PERKINS- Notary Public,State of.New York No.01 PE6130636 Qualified In Suffolk-Co Commission ExpiresJuly 18 . BOARD OF TRUSTEES TOWN OF SOUTHOLD: NEW YORK ---------------------------------------------------------------x In the Matter of the Application of AFFIDAVIT OF TEMIZ MAILING Applicant's Land Identified as 1000-44.-2-3 ---------------------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I,JAIMIE LENGYEL, residing at Cutchogue, New York,being duly sworn, depose and say that: On the 7T11 Day of February, 2022, deponent mailed a true copy of the Notice set forth in the Board of Trustees Application, directed to each of the persons listed on the attached list at the addresses set below their respective names; that the addresses set below the names of said persons are the address of said persons as shown on the current assessment roll of the Town of Southold; that said notices were mailed at the United States Post Office at Southold, New York, that said Notices were mailed to each of said persons by CERTIFIED MAIL/RETURN RECEIPT. Attached hereto is the white receipt post-marked by the Southold Post Office on said date. JAIMIE LENGYEL Sworn to before me ' day of (NotJ�blic) YA.PERKINS Notary Public,State of New York No.01PE6130636 Qualified in Suffolk Cou Commission Expires July 161 i RECEIPT RECEIPT RECEIPT 9214 7902 7906 6900 0009 31 9214 7902 7906 6900 000917 9214 7902 7906 6900 0009 24 FROM: FROM: FROM:I Moore Law Offices Moore Law Offices Moore Law Offices RE:TEMIZ RE:TEMIZ RE:TEMIZ i i SEND TO: SEND TO: SEND TO: Christopher Wrede Agnes Dansereau Banco Building LLCSuffolk County Division of R E-De 57185 CR 48 122 South St PO Bax 6100 Greenport NY 11944 Greenport NY 11944 Hauppauge NY 11788 FEES: FEES: FEES: Postage 0.53 Postage 0.53 Postage rff, 0.51111113� Certified rFee 3.75 Certified Fee� ,,9713. Certified Fee,--'--- `3,5 1177 Return Receipt 3J� 305 Return Recei t, ReturnRe .1pt .0 d)1 Restricted/ Restrict Restre \ce ifd TO)L 7.33�`r, QaT�1`L $7�� TOTAL ATE s 1 A �c / POS 10 RK OU OSTMA ORD °{ PGS MARKOR DATEi,—i p Vi �N1TED���� ��OS �� UNITED SqA Temiz—Neighbor List 44.-4-3.1 Christopher Wrede Suffolk County Division of R E-Department Planning PO Box 6100 Hauppauge, NY 11788 44.-2-2 Agnes Dansereau 57185 CR 48 Greenport, NY 11944 44.-2-4 Banco Building LLC 122 South St Greenport, NY 11944 SOUTILIOiLD _ICY 11,971, 63-1076504330 Z �us�ees PATRICIA C.i1 OORE (BY 2 -7122 C011"J W11- enrIDStd Plea se -Pad fj* 0•r Mm li(1 • Pos+o-1 rece7,9+5 3• Glenn Goldsmith,President �S11FFOLk Town Hall Annex A.Nicholas Krupski,Vice President kNj� y< 54375 Route 25 Eric Sepenoski N z P.O.Box 1179 Liz Gillooly ti ® �� Southold,NY 11971 Elizabeth,Peeples ��I , �`��f' Telephone(631)765-1892 ----------- ----- -- - ------------` --• —- - ----------------------- —--------Fax(63-1-)765-6641-------- ---------- `r BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD WORK SESSION & PUBLIC HEARINGS WEDNESDAY, FEBRUARY 16, 2022 at 5:OOPM &5:30PM TOWN HALL MAIN MEETING HALL AND VIA ZOOM ONLINE PLATFORM A Regular Work Session and Public Board Hearings of the SOUTHOLD TOWN BOARD OF TRUSTEES will be held on Wednesday, February 16, 2022 with the Work Session beginning at 5:OOPM and Public Hearings beginning at 5:30PM. The public is invited to attend the meetings either in person or virtually via the Zoom online platform. MASKS ARE REQUIRED AT ALL TIMES FOR EVERYONE INSIDE ANY OF THE TOWN BUILDINGS. Written comments may also be submitted via email to the Trustees Clerks at elizabethc@southoldtownny.gov and diane.disalvo@town.southold.ny.us: Said comments will be considered at the public hearing provided that.they are submitted no laterjhan 12:00 P.M. (Prevailing Time) on the day of the public hearing. The public will have access to view and listen to the meeting as it is happening via Zoom. If you do not have access to a computer or smartphone, there is an option to listen in via telephone. Further details about how to tune in to the meeting are on the Town's website at https://www.southoldtownny.gov/calendar or call the Board of Trustees office at (631) 765-1892 Monday through Friday between the hours of 8:00AM—4:OOPM. Options for public attendance: • Online at the website zoom.us, click on "join a meeting" and enter the information below. Zoom Meeting ID: 845 8727 7877 Password: 777670 - - • Telephone: Call 1(646) 558-8656 Enter Meeting ID and Password when prompted (same as above). In.order to "request to speak" when the application you are interested in has begun, please press *9 on your phone and wait for someone to acknowledge your request. When prompted-to unmute your phone press *6. To view the application files please visit: https://www.southoldtownny.gov At the bottom of the picture on the main screen click on the second button from the right "Town Records, Weblink/Laserfiche"; go to bottom of page and click on "pg. 2"; click on "Trustees" folder; click on "Applications"; click on "Pending"; all files are listed by name in alphabetical order. Click on the name of the application to view the file. E Glenn Goldsmith,PresidentOSQFfOt,��o Town Hall Annex A.Nicholas ICrupski,Vice PresidentGym 54375 Route 25 Eric Sepenoski c =` P.O.Box 1179 Liz Gillooly N o ® Southold,NY 11L971 Elizabeth Peeples ` ,y� p Telephone(631)765-1892 r y -- 'r BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BE ADVISED — AS PER CHAPTER 55 NOTICE OF PUBLIC HEARINGS Failure to submit-the following originals to this office by or no.later than 12:OOPM the,day prior to the scheduled Public Hearing for your application will result in a postponement of said application. This office WILL NOT contact you to request said information: • All original white & green certified return receipt mail receipts stamped by U.S.P.S. • Completed.original Proof ofWailing Form Failure to submit the following originals to this office by or no later than 12:OOPM the day.of the scheduled Public Hearing for your.application will result in a postponement-of-said application: • Original Affidavit of Posting form — DO NOT COMPLETE SAID FORM UNTIL THE GREEN SIGN- HAS BEEN IN PLACE ON THE PROPERTY FOR AT-LEAST SEVEN (7) FULL DAYS. Sign the form on the eighth day that the green notice of hearing sign has been up on said premises. All green signature cards related to said application that were returned to your office should be either dropped off in our "Trustee drop box" or mailed into our office whenever they are received. These cards are not required prior to the Public Hearing, unless specifically requested for by this office. This specific requirement is subject to change. Board of Trustees Appl''- --Ltion PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS APPLICATION NAME & SCTM#: , NAME: n 0z' ly�-� . i - ---- -=--- - STATE,OF N'EW Y04 COUNTY OF SUFFOL residing at being duly sworn, deposes and says that on the day of , 20 , deponent mailed a true copy of the Notice set forth in-the Board of Trustees Application, 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 address of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office located at that said Notices were mailed to each of said persons by CERTIFIED MAIL/RETURN RECEIPT. Signature Sworn to before me this Day of , 20 Notary Public NOTICE OF HEARING NOTICE IS HEREBY GIVEN that a Public Hearing concerning this property will be held by the Southold Town Board of Trustees both in-person and via the online Zoom platform. OWNER(S) OF RECORD: LEVENT TEMIZ SUBJECT OF PUBLIC HEARING: For a Wetland Permit and a Coastal Erosion Permit for the existing (2,317sq.ft.) two-story dwelling with attached garage and to construct a new 155sq.ft. addition onto the center of the dwelling on the seaward side with a second-floor terrace above; for the existing 11.4'x4.1' storage room under existing stairs on west side of dwelling; existing 927sq.ft. swimming pool; for the existing 90' of pool fencing along seaward side of deck, 75' along east side, and 75' along west side with 15' to the dwelling with gates; existing decking around and seaward of pool is in part above grade and at grade and is to be modified by resurfacing the 830sq.ft. seaward portion of decking with existing structure to remain undisturbed, and existing portion of deck around pool is being replace with a 2,302 stone patio on granular base and permeable joints on grade which includes a 4' expansion on the west side of patio; expand existing 81sq.ft. wood deck on westerly side of dwelling an additional 195sq.ft. for a total 276sq.ft. and install a 7'10"x9'2" hot tub on deck; resurface existing 42sq.ft. easterly side deck; and for the existing 70sq.ft. landing leading to 4'x20' stairs to beach. Located: 57305 County Road 48, Greenport. SCTM# 1000-44-2-3 TIME & DATE OF PUBLIC HEARING: Wednesday, February 16, 2022 — at or about 5:30P.M. — Either in Person or via Zoom. To access the Zoom meeting please see the meeting agenda located in the Trustees section of the Towrr website. If you have an interest in this project, you are invited to view the Town file(s) through the Southold Town website. To view the application files please visit: https://www.southo,ldtownny.gov At the bottom of the picture on the main screen click on the second button from the right "Town Records, Weblink/Laserfiche"; go to bottom of page and click on "pg. 21.4; click on "Trustees" folder; click on "Applications"; click on "Pending"; all files are listed by name in alphabetical order. Click on the name of the application to view the file. BOARD OF TRUSTEES * TOWN OF SOUTHOLD * (631) 765-1892 Town of Southold LIVI RP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1• All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of'Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with 'the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# � - _ 3 The Application has been submitted to(check appropriate response): Town Board 13 Planning Dept. 0 Building Dept. G Board of Trustees 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital construction,planning activity,agency regulation,land transaction) (b) Financial assistance(e.g. grant,loan,subsidy) (c) Permit,approval,license, certification: Nature and extent of action: r All structures pre-date Trustees jurisdiction. I have included in this wetland permit the existing structures to have a complete wetland permit for all structure's. In 2021 ZBA granted the variance for the addition to the deck. The existing 15' setbacks are being maintained but the combined side yards pre-date code(combined side yards when the house was built were 30'), now the combined side yards are 35' on a pre-existing lot(the lot width is 100 when code requires 175') resulting in variance for "combined" side yard setback. (Variance attached) Project Description: All as shown on site plan by Vincent Benic, Architect last dated 12-6- 21 The two-story house with attached garage (2317 sq. ft.) and existing wood decking(3953 sq. ft.) are legal and have COs from 1962 (original house) and additions & alterations made in 1986 including the wood deck(on grade). A one-story garage (778 sq. ft.) is more than 150' from top of bank. Existing structures: • Existing pool(CO issued)-927 sq.ft. • Existing decks (CO issued)-3953 sq.ft.) • Existing pool fence along,the seaward side of deck (@90') and 75' along east & 75' along west side of the property and 15' to the house with gates. (CO issued) • A Variance was granted in 1984(Appeal#3306)for the accessory building in the front yard 5' from the side'yard. (CO issued)-garage is more than 100' to top of bluff. Proposed: • A proposed addition in the center of the existing house. The new Addition of 155 square feet is filling in an area of the house landward of the pool with 2nd floor terrace. The proposed enclosure of roof-over decking into the living area (new entertainment room) did not require a variance and is over the existing structures. • Storage room under existing stairs (west side of house) (11.4' x 4.11) • Existing deck is in part above grade and at grade,as it follows the contour of the land. The 830 sq.ft. decking to be resurfaced, as needed, and existing structure to remain undisturbed. Part of deck is within the CEHLine. (CO issued in 1984 for this deck) • . A proposed hot tub with expanded wood deck(185 square foot deck) on the west side of the house including 10' x 20' hot tub on deck. • Permeable Patio-The overall lot coverage is being reduced from 18.8% to 12.9%.The existing wood deck around the pool is being replaced by patio material,24 x 36 stone patio on granular base and permeable joints on grade. Wood Decking replaced with permeable pavers 3,953 sq.ft. and patio expanded on the west side 4' • Existing beach stairs 4' x 20' to beach (part of CO from 1984) Location of action: - ' w ._ yLq, 'C Site acreage: Present land use:— Present zoning classification: 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: Le-,yd.orVI I (b) Mailing address: (Z�Z C k st \A 1 7�7 (c) Telephone number:Area Code( ) ,,�� - q 114 jr, 2 (d) Application number, if any: Will the action be directly undertaken,require funding, or approval by a state or federal agency? Yes ❑ No W If yes,which state or federal agency? DEVELOPED COAST POLICY Policy I. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, snakes efficient use of infrastructure,makes beneficial use of a coastal location,and minimizes adverse effects of development. See LWRP Section M-Policies; Page 2 for evaluation criteria. Not Applicable IA Yes [:] No tl d y'Z? h2.t'L. i a L�-�t--rc'x a�6---r.� -.��..� �. '�.�,r {`.V �,� h'l�r3�tA ���r� 1.�t•��+-�' y €• Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWdtP Section III-Policies Pages 3 through 6 for evaluation criteria 13 Yes ❑ No 14 Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality anal protect scenic resources throughout the Town of Southold. See LWRP Section HI—Policies Pages 6 through 7 for evaluation criteria 0 Yes [3 No ' Not Applicable Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of fife, structures, and natural resources from flooding and erosion. See LWRP Section IH—Policies Pages 8 through 16 for evaluation criteria 0 Yes El No [0 Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III —Policies Pages 16 through 21 for evaluation criteria © Yes 0 No ®Not Applicable Attach additional sheets if necessary Policy 6. Protect,and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III—Policies; Pages 22 through 32 for evaluation criteria. Q Yes 13 No Not Applicable Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LMW Section 1H — Policies Pages 32 through 34 for evaluation criteria. © Yes ❑No Not Applicable Attach additional sheets if necessary Policy 8. Maimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section M—Policies; Pages 34 through 38 for evaluation criteria. ❑Yes ❑ No M Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters,`public lands, and public resources of the Town of Southold. See LWRP Section ffi—Policies; Pages 38 through 46 for evaluation criteria. El YO Ye�--1 No P Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. © Yes ❑ No 4NotApplicable Attach additional sheets if necessary Policy II- Promote sustainable use of living nmarime resources in Long IIslangd Sound, the Peconaic Estuary and Town waters. See LWRP Section M-Policies; Pages 57 through 62 for evaluation criteria. ❑ Yes ❑ No R Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LW71P Section III-Policies; Pages 62 through 65 for evaluation criteria. ❑Yes ❑ No� Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III-Policies; Pages 65 through 68 for evaluation criteria. ❑Yes ❑ No �`. Not Applicable Created on 5125105 11:20 f1M