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Home My WebLink About5374 493/4 APPEALS BOARD MEMBERS ,'''..$UFFO ,t" *�" r�AS CSG Southold Town Hall Lydia A.Tortora, Chairwoman ' c ' 53095 Main Road Gerard P. Goehringer k co Z ; P.O. Box 1179 George Horning ;O .1e% Southold,New York 11971-0959 =� .v ' a Q- Ruth D. Oliva pl . it ZBA Fax(631) 765-9064 Vincent Orlando " Telephone(631)765-1809 http://southoldtown.northfork.net BOARD OF APPEALS RECEIVED fPTOWN OF SOUTHOLD t FINDINGS, DELIBERATIONS AND DETERMINATION Q 3:05P°‘- MEETING OF SEPTEMBER 11, 2003 fi _amfr>9�N44 � App]. Na. 5374-JOSEPH FARRELL/ORIENT POINT HOLDING CO. Outfield Town Clerk `Property Location: 235 Mill Creek Drive, Southold; CTM#135-4-26. SEQRA 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 an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION:.The applicant's 10,094 sq. ft parcel is vacant land with 50.21 ft. frontage along Mill Creek Drive in Southold, as shown on the January 16, '2003 survey prepared by Martin D. Hand, L.S. of Hands On Surveying. BASIS OF APPLICATION: Building Department's March 21, 2003 Notice of Disapproval, citing Section 100-244B, in its denial of a building permit to construct a new dwelling at less than 35 feet from the front lot line. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on August 21, 2003, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: Applicant wishes to construct a new single- family dwelling with a 26 ft. setback from the front property line along Mill Creek Drive. The dwelling is proposed 26 feet deep by 46 feet long, at 50 feet from the flagged edge of tidal wetlands along Arshamomaque Pond, in Southold. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1, Grant of the area variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Proposed is a 26 ft. setback from the front line facing Mill Creek Drive for a modest new home on a nonconforming lot of 10,094 sq. ft, and the code requirement is 35 feet. Other lots in the neighborhood are also nonconforming with existing single-family homes. The building location is restricted due to the location of.tidal wetlands 50 feet from the rear of the proposed house. Y Ems], Page 2 September 11,2003 App]:No,5374—Joseph Farrell/Orient Point Holding Co: CTM 135-4-26 at Orient • 2. The benefit by sought theapplicant cannot be achieved bysome method, feasible for 9Pp thea applicant topursue, other than an area variance. The applicant wishes to construct PP a single-family home, two-stories with 26' x 46' at a height of 28 feet to the top of the ridge The front yard is proposed at 26 feet. The applicant is restricted in the placement of the house due to the minimum setback from the wetlands boundary edge in the rear yard adjacent to the dredged canal. 3. The relief granted herein is substantial because the required front setback is 35'.feet, and the applicant is requesting 26 feet. The amount of relief requested is a 9 ft. reduction. 4. The difficulty was self-created when the dwelling was planned and designed in a location, which did not conform to the current Town Code requirements, and the applicant was aware of the lot restrictions when the property was acquired. 5. There is no evidence that the grant of the relief requested will have an adverse effect or impact on physical or environmental conditions in the neighborhood or district. It is noted that the applicant obtained a permit, with conditions, dated November 20, 2002 from the Southold Town Board of Trustees, and would comply with the NYS Department of Environmental Conservation permit requirements under the wetland codes. 6. Grant of the alternative relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a new dwelling, 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 Oliva, seconded by Member Orlando, and duly carried, to GRANT the variance as requested and shown on the survey dated December 3, 2001, prepared by Hands On Surveying, with the provision that the height of the home be limited to 28 feet to the ridge. 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, 44 •~ Page 3--September 11,20030 0 Appl. No.5374-Joseph Farrelt/OrientPoint Holding Co. CTM 135-4-26 at Orient setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Tortora (Chairwoman), Orlando, and Oliva. (Absent were Member Goehringer and Member Horning-) This Resolution wa duly adopted (3-0). Lydia A. To .rra, Chairwoman —Approved for Filing l 6, „„ 56 1 C47) 2 CHAIRWOMAN TORTORA: The only other thing is to show the height of the 3 structure . MR. ANDERSON: Okay. 4 CHAIRWOMAN TORTORA: So what we' ll do is, if it's all right with the other Board S members, we're going to close the hearing to verbatim testimony, and we will close it 6 pending receipt of all of these items at our next meeting, which will be on September 11th 7 pending receipt of all the information that we requested. 8 MR. ANDERSON: Okay. CHAIRWOMAN TORTORA: Can you have 9 that information by that time; is that sufficient time for you? 10 MR. ANDERSON: Easily. CHAIRWOMAN TORTORA: Okay, we' re 11 going to make that motion. BOARD MEMBER GOEHRINGER: Second. 12 CHAIRWOMAN TORTORA: All in favor. (Whereupon, all Board Members 13 responded in favor. ) CHAIRWOMAN TORTORA: Motion 14 carried. The next hearing is on behalf of 15 the Orient Point Holding Company, Joseph Farrell, Orient . 16 MR. ANDERSON: This is an application to build an approximate 1, 196 17 square foot footprint dwelling on a vacant lot 1---7 ^ on Mill Creek Drive . Mill Creek Drive is an J 18 area of town familiar to me. I live right in Dthat area. It' s comprised of very small lots, 19 \ third, quarter acre, quarter acre in size, all the way up to approximately half acre in size . 20 �` It was developed many years ago prior to zoning, and the existing development in there 21 is all nonconforming with respect to various area considerations and dimensional 22 considerations. There is a history of granting of 23 variances in this area, although not for granting variances relative to front yard 24 setbacks, which is what we' re here for today. 25 Generally, what you have in the area are modest sized, single family dwellings COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 1 57 2 that are set close to the water. The perimeter along Arshamonack Pond is nearly 3 completely bulkheaded, and so the types of variances that have been granted setback 4 variances and in some cases accessory side yard setbacks for sheds and the like. 5 In preparation for this hearing, I ordered an aerial survey that is in front of 6 you. I' d like you to take a close look at it . On that aerial survey we identify what we " I 7 consider the neighborhood which is that area bounded by Grove Drive and Mill Creek Drive, 8 it is that peninsula that juts out to Arshamonack Pond. On that I have located the 9 size of the dwelling footprint that would be found -- that would be built on that . And 10 what you can see from the aerial, the size of the dwelling that we are proposing, its 11 location, very much consistent with the area. That particular aerial was taken in 12 April 2000, is the most recent one available in this area. It is done at a scale of one 13 inch equals fifty feet . Now, the interesting survey note !4=1:4 14 that you should pick up on is look at the survey submitted with the application, you 15 will notice that there is a hatched area that is south of the property line; that is the 16 road bed itself . What we have here is a road right of way, which is approximately 50 feet 17 in width, and we have paved within that roadway, the road bed there is a paved road 18 surface of approximately 26 to 28 feet in length -- in width. 19 This road on this particular area was not centered on the lot . So what happens 20 is the actual distance between the house and the road would not be 26 , it will actually be 21 closer to 50 or 52 feet, and that is because the road is not centered within the road bed. 22 You will also note on the survey the adjacent dwelling to the west, and that is 23 similarly situated, although slightly further back from the front lot line . This is at the 24 curve on the road, and that causes a bit of a challenge to the placement of a house . 25 This house is unique in that because it' s one of the last vacant lots, we COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 j ' r 58 raNy 1 .w 2 had to go through an extensive wetland process with the health department on it . What we Fr p 3 have received is a permit from the trustees identical to the survey before you, which j 4 shows an extensive buffer between the house and the water. It' s the only property in that 5 area that I'm aware of that features such a buffer. 6 CHAIRWOMAN TORTORA: As you can see -- I looked at the trustee' s permit, but I 7 don' t recall them requiring a buffer. I think they required a hundred foot setback for the 8 septic. But the trustees did not require this 50 foot -- 9 MR. ANDERSON: It may not be printed on the application itself, but it is 10 required. The survey before the trustees is clearly the identical survey before you. And 11 on that survey you will show proposed -- CHAIRWOMAN TORTORA: I was curious 12 because I know they customarily do that . This just was not the case when we looked at the 13 permit . Bruce -- Mr. Anderson or Bruce? MR. ANDERSON: Bruce is fine . 14 CHAIRWOMAN TORTORA: I think the application is pretty clear. The question I 15 had was, if we turned the house a little could we get that 26 feet to come back a little 16 further, and I see that it' s not going to make any difference . 17 MR. ANDERSON: Our biggest hardship here really was a wetland. 18 CHAIRWOMAN TORTORA: Yes . I can see that, and we do recognize that it is 19 important to -- that 50 foot buffer is important to tobethe nitoeratd ioan ouonf d thhe hmtwahcn s20 of the environmental constraints . So I 21 personally don' t have any questions about this application at this time . Let' s see what the 22 Board members have . Mrs . Oliva? BOARD MEMBER OLIVA: How high is 23 . the house going to be? MR. ANDERSON: House is going to 24 be approximately 28 feet high. CHAIRWOMAN TORTORA: Mr. Orlando? 25 BOARD MEMBER ORLANDO: I have a question. Am I correct to assume that this is COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 1 1 59 2 the curb you were saying on Mill? MR. ANDERSON: Yes . 3 BOARD MEMBER ORLANDO : So it' s 26 feet from the property line, but it' s more 4 like 50 feet from the actual paved road. CHAIRWOMAN TORTORA: Yes, but the 5 ._ town could come along and pave it at any time . MR. ANDERSON: We hope not . We 6 like small roads. CHAIRWOMAN TORTORA: Mr. Horning? 7 BOARD MEMBER HORNING: No questions . 8 CHAIRWOMAN TORTORA: And Mr. Goehringer. 9 BOARD MEMBER GOEHRINGER: How much farther forward is this house going to 10 be, based upon the environmental constraints, from the existing houses on either side? 11 MR. ANDERSON: I' ll put this in the record, but on our thing we have 12 identified, here' s how the house sits, and this is slightly closer ' cause the wetland 13 line is flagged by vegetation. The wetland line along the point, all this is bulkheaded, 14 and we have houses that are going to be, in some cases, 20 feet; we have variances that 15 were granted close to 18 feet from the bulkhead which would constitute the wetland 16 line . So we are further back. We do have the advantage over some of the lots in that these 17 lots are slightly deeper than, for example, this lot (indicating) . But I had thought when 18 I filed -- and what I usually do is see all the surrounding areas and see what types of 19 variances were granted, and what I found was they all had to do with decks that were wide 20 because the houses existed, and when they built these houses, and it shows very clearly 21 here, they preferred to be as far away from the road and as close to the water as 22 possible. So each and every house at least along the water line, the waterfront , is not 23 born with respective wetland setbacks and bulkhead setbacks . It' s going to cause a 24 problem if they choose to redevelop. CHAIRWOMAN TORTORA: This is 25 closer to the road than most of them, perhaps it' s a little further away from the bulkheaded COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 0 60 1 2 or wetland area. .,-s BOARD MEMBER GOEHRINGER: Because 3 it' s on a turn; it' s not going to be as easily recognizable and because of the fact that the 4 road bed is some 25 feet -- 44 feet into the property -- 5 CHAIRWOMAN TORTORA: If you look at the survey you can see the dwelling next to 6 the house where it' s located in comparison to this house, you' ll see it looks like -- 7 MR. ANDERSON: It' s probably at 35 feet . 8 CHAIRWOMAN TORTORA: Yes, I would say so. 9 MR: ANDERSON: Take this, I don' t know if you can see it from all the way back 10 here. I think it fits in fairly well. I' ll also give you as far as size, I think it' s 11 apparent when you look at the aerial, those are the sizes that we were able to calculate, 12 and we' re well within the range and below the average size. But I think it' s a fairly 13 well-suited application given the constraints . 14 CHAIRWOMAN TORTORA: I 'm not sure you could construct anything that would be 15 energy efficient less than 26 feet wide . MR. ANDERSON: That' s correct . 16 The depth the house -- CHAIRWOMAN TORTORA: You' re at a 17 minimum now. Mr. Orlando . BOARD MEMBER ORLANDO: Am I safe 18 to say that we probably won' t see you here next year for a deck? 19 MR. ANDERSON: I don' t think you' ll see me because I think I will have an 20 extraordinarily difficult time with the DEC and trustees . If I'm successful there, you 21 might see me, but then that will be extraordinarily difficult, but it' s going to 22 be very hard to do that because of the wetlands boundary because it would entail 23 violating a buffer and I 'm not sure -- I don' t understand why the trustees or the DEC would 24 give me such as a permit . CHAIRWOMAN TORTORA: Okay. Let' s 25 see if there' s anyone in the audience that has any questions . Yes, please state your name COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 1 61 2 for the record. MS . SCHWIEBERT: Ann Schwiebert . 3 MS. KOWALSKI : Please spell your last name . 4 MS. SCHWIEBERT: Okay, S-C-H-W-I-E-B-E-R-T. S CHAIRWOMAN TORTORA: Yes . MS . SCHWIEBERT: 1075 Mill Creek 6 Drive. I would like to know why this 7 variance should be given for an entire dwelling when other homes 'in the neighborhood 8 have been unable to get a variance for a small front porch where one corner of it was too 9 close to the road? BOARD MEMBER HORNING: A variance 10 or a building permit? MS . SCHWIEBERT: I'm not sure on 11 that . But just because one corner was too close to the road they couldn' t do it . 12 BOARD MEMBER HORNING: Sounds like a building permit . 13 CHAIRWOMAN TORTORA: That would be a building permit . There have been other 14 variances . MS . SCHWIEBERT: The other thing 15 is the property is a two story house? CHAIRWOMAN TORTORA: Correct . 16 MS . SCHWIEBERT: No other house contiguous to it in the area is two stories . 17 BOARD MEMBER OLIVA: Everything else within that area is one story? 18 CHAIRWOMAN TORTORA: At the current time there is no limitation as far as 19 that is concerned. The current code provides that the applicant can build two and a half 20 stories to an average height of 35 feet, which in reality could be 45 feet . There is no 21 variance required, that is the way the town code currently reads . 22 MS . SCHWIEBERT : How far back from the water, what is the setback from the 23 water on this house? BOARD MEMBER ORLANDO : 50 feet . 24 MR. ANDERSON: 50 from the wetland boundaries and the wetland boundary is 15 25 feet . MS . SCHWIEBERT: I thought you COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 ' 0 62 2 had to be further back than that . CHAIRWOMAN TORTORA: The only 1 3 thing is he is before us on is the front yard. Variance that' s all . 4 MS. SCHWIEBERT: I still don' t understand why that variance should be granted S when other people have been unable to put on a front porch on. That' s all . 6 CHAIRWOMAN TORTORA: Thank you very much. 7 MR. ANDERSON: Just a point of reference, while it' s true the house next door j 8 is one story, this is a mix of one and two story houses within the neighborhood_ 9 CHAIRWOMAN TORTORA: Is there anybody else in the audience who would like to 10 speak in favor or against this application? Seeing no hands, I' ll make a 11 motion -- yes, sir. MR. HAERR: My name is Karl 12 H-A-E-R-R, K-A-R-L. CHAIRWOMAN TORTORA: Yes, 13 Mr. Haerr. MR. HAERR: I'm just a little 14 confused, maybe you can clarify this for me . We' re talking about bulkheading and Mn 15 Anderson, I believe, mentioned that most of the properties around Arshamonack Pond have 16 bulkheading, and in the area where the proposal is most of those are bulkheaded; did 17 I understand that correctly? CHAIRWOMAN TORTORA: He was 18 talking about -- he has a map. He was not talking about right there; he was talking 19 about further around the general perimeter. BOARD MEMBER ORLANDO: General 20 setbacks . MR. ANDERSON: There' s no 21 bulkheading on this property. MR. HAERR: Okay, that was the 22 other question. The next thing, if he receives your approval am I clear then that 23 everything is go for him to proceed with building the proposed dwelling; all other 24 approvals have been received? MR. ANDERSON: No. If I may. If 25 you look at the well and septic system on the survey, we need to go to the health COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 63 1 2 department . That septic system is on the front lot line . It' s supposed to be on the 3 front line . We have put it there at the request of the town. The second thing is the 4 distance between that septic system and the proposed well is 69 feet. That distance is 5 supposed to be a hundred. We have deep water aquifer, which I don't think we have now or 6 150 feet . What will happen is upon us making this application, we will have to extend an 7 offer to deepen or relocate anyone else' s well that is within a hundred or 150 feet of our 8 proposed septic system, that is required by codes . Now, as it turns out, that will work 9 well for us because -- no pun intended -- because the groundwater flow is going to be 10 towards the canal . So we can arrange wells and septic systems so that they don' t 11 contaminate one another. The only other thing environmentally that may be of interest to 12 you, we do have a different scenario than most of the houses in the neighborhood because most 13 were designed with wells near the street and septic by the water because it' s easier to 14 achieve a gravity flow system by putting your wells by the water -- the wetland -- it' s 15 geared towards relocating those septic systems as far from the water as possible. 16 BOARD MEMBER ORLANDO: To answer your question, if a neighbor refuses to have 17 their well relocated -- MR. ANDERSON: They can accept it 18 or not accept it . If they accept it, we are compelled to do it . If they reject it, it 19 doesn' t mean that we still can' t get our variance, it' s just by code, sanitary code, 20 you must make a bonafide offer. So when it comes up to board of review I will be 21 sending -- CHAIRWOMAN TORTORA: Let' s move 22 along. Mr. Haerr, I did want to know your concerns, that' s important . 23 MR. HAERR: It was involved in the process , probably more than specifics, for 24 example, the points that Mr. Anderson raised about the well was an issue I wasn' t going to 25 bring that up today. I wanted to know whether the process was to the point where if you COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 64 2 folks grant permission for this to proceed, does that mean he can build, and apparently 3 that' s not the case . I've called a million offices trying to find that question out . I 4 8 was told if that group today gives him permission, that it was a go. Him being here 5 today means he has DEC' s permission, building department' s permission and he' s ready. 6 CHAIRWOMAN TORTORA: You' re not in opposition to it? 7 MR. HAERR: I'm not if all the rules like we're talking about 100 feet, 150 • 8 feet, what' s to happen to our wells -- we're immediately to the east side of this property, 9 and I want to make sure everything is taken care of. 10 CHAIRWOMAN TORTORA: The wells are important, and I think that' s one of the 11 reasons that' s not in our jurisdiction. MR. HAERR: I understand that . -12 CHAIRWOMAN TORTORA: It' s a catch-22 situation because if you move it 13 further, the house further back to the wetland, then you're impacting the 14 environment . The house is not certainly -- MR. HAERR: If it' s not a 15 buildable property, then I don' t want it to be made a buildable property at the expense of 16 the neighbors and the surrounding homes . BOARD MEMBER OLIVA: You can 17 appear at the county when they have a board of review. 18 MR. HAERR: The county health department, I was told by the health 19 department that I could not appear; that they never have the meetings open to the public . 20 I 'm so confused. MR. ANDERSON: You will be 21 notified by the heath department . BOARD MEMBER OLIVA: You can go 22 because I've gone. CHAIRWOMAN TORTORA: Okay. 23 BOARD MEMBER HORNING: Are we closing the hearing or keeping it open? 24 CHAIRWOMAN TORTORA: Make a motion to close . 25 BOARD MEMBER GOERRINGER: Second. CHAIRWOMAN TORTORA: All in COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 eTh 65 1 2 favor. (Whereupon, all Board Members 5 3 responded in favor. ) CHAIRWOMAN TORTORA: The last 4 hearing this morning is on behalf of Alfred Magill; is someone here? 5 MR. MAGILL: Yes, the applicant is here . 6 CHAIRWOMAN TORTORA: Okay. MR. MAGILL: My name is Alfred M. 7 Magill, M-A-G I-L-L, my address is 700 Glen Court, Cutchogue. I'm here in reference to 8 1145 Fleetwood Road for a setback rule under the grandfather clause of waterfront property. 9 The building was probably established in the ' 30s . It was an addition to the, garage in 10 approximately 1980s. The setback rule was not in effect at that time. The garage is 20 . 5 11 inches on the front by 28 feet long. I was given a building permit at that time in the 12 ' 80s for an extension on the garage. I don' t believe that there was a final CO given. I 13 had tried to have -the building department come down and check the building out for 14 alterations . They said it needed extensive work and that the side towards the west was 15 bowed and it needed to be fixed on the roof and with the collar beams and the rafters and 16 roof was sagging down. Bob Whalen was contracted by me as a professional engineer in 17 Mattituck to come and assess the problem. And that' s where I proceeded. 18 I have obtained a DEC letter of nonjurisdiction, a trustee' s permit and a 19 Water Authority permit from the Board of Health. Everything has been established where 20 the septic system will be . I have sent a letter to my neighbor to pay for installation 21 of her water, because we have street water, and now I am going to rebuild the garage, in 22 essence, and leave it unfinished upstairs on the second floor and leave it for storage . 23 I have a house at 700 Glen Court which has four bedrooms, two dens and a 24 finished basement, plus an attic full of stuff . I will be moving down to the creek 25 eventually, but I can use the storage for all my house . COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878- 8047 -m, FORM NO. 3 NOTICE OF DISAPPROVAL DATE: March 21, 2003 TO: Suffolk Environmental A/C Orient Point Holding Co. PO Box 1179 Southold,NY 11971 Please take notice that your application dated March 20, 2003 For permitfor construction of anew dwelling at Location of property: 235 Mill Creek Drive, Southold,NY County Tax Map No. 1000 Section 135 Block 3 Lot 26 Is returned herewith and disapproved on the following grounds: The proposed new dwelling, on this non-conforming 10,094 square foot lot in the Residential R-40 District, is not pciui.itted pursuant to Article XXVI, Section 100-244, which states that non-conforming lots, measuring less than 20,000 square feet in total size, require a minimum front yard setback of 35 feet. Following the proposed construction, the single family dwelling will have a front yard setback of+/-26 feet. Total lot coverage, following the proposed construction,would be+/- 12 percent. a � Authorized Signature Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A. ni For Office Use Only: Fee$ Assigned App1.No. Office Notes: is APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS For Ofcc Use Only �, Fee:$ Filed By: - Date Assigned/Assignment No. I Office Notes: 9Ey AY 1 5 2003 Parcel Location: House No. N/A Street Mill Creek"Dri�raiomlet N/A �3 lib tUNING SOARS SF;APPEALS i SCTM 1000 Section 135 Block 0 3Lot(s) 02 6 Lot Size 0 . 2 AcZone District I(WE)APPEAL THE;WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: March 21, 2003to _ 7" Applicant/Owner(s) Joseph Farrell trait ifl ' t Mailing Address: Main Street; Bridgehampton, NY 11932 Telephone: ( 631 ) 537-1068 NOTE: If applicant is not the owner,state if applicant is owner's attorney,agent,architect,builder,contract vendee,etc. Authorized Representative: Bruce A. Anderson - Suffolk Environ. Consulting, Inc. (Agent) Address: P.O. Box 2003 ; Bridgehampton, NY 11932 Telephone: (6,31 ) 537-5160 Please specify who you wish cor spondence to be mailed to,from the above listed names: 0 Applicant/Owner(s) Authorized Representative 0 Other: WHEREBY THE I�ING INSPECTOR DENIED AN APPLICATION.-DATED 2-11-03 FOR: Building Permit ❑Certificate of Occupancy 0 Pre-Certificate of Occupancy ❑Change of Use ❑Permit for As-Built Construction 0 Other: Provision of the Zoning Ordinance Appealed. Indicate Article,Section,Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article XXVI Section 100- 244 Subsection Type of�peal. An Appeal is made for: I A Variance to the Zoning Code or Zoning Map. 0 A Variance due to lack of access required by New York Town Law-Section 280-A. ❑Interpretation of the Town Code,Article Section ❑Reversal or Ot er A prior appeal 0 has has not been made with respect to this property UNDER Appeal No._Year . i ., Page 2 of 3- Appeal Application Part A: AREA VARIANCE REASONS (attach extra sheet as needed): PLEASE REFER to the ATTACHED ADDENDUM. (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties, if granted,because: (24The benefit sought by the appiicant CANNOT be achieved by some method feasible for the gpplicant to pursue,other than an area variancebecaus (3) The amount of relief requested is not substantial because: (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the,neighborhood or district because: (5) Has the variance been self-created? ( ) Yes, or ( ) No. If not, is the construction existing,as built? ( ) Yes,or ( ) No. (6) Additional information about the surrounding,topography and building areas that relate to the difficulty in meeting the code requirements: (attach extra sheet as needed) This is the MINIMUM that is necessary and adequate, and at the same time preserves and protects the character of the neighborhood and the health, safety, and welfare of the community. ( ) Check this box and complete PART B, Questions on ext page to apply USE VARIANCE STANDARDS. (Please consult your actor .) Otherw' e a proceed to the signature and notary area below. ignature of Appellant or Authorized Agent Sworn to b-for= me this (Agent must submit Authorization from Owner) / `day o :.j A. .. ...,2003. r /✓• � t ,otary Public) Matthew D.IV an ZBA App 9/30/02 Notarork y Public 011V605f 3859 cualtitied in Suffolk County Commission Expires January 22,21X 7 ji tcm ADDENDUM to the z fl I( D ZONIN BOARD of APPEALS Application for the FARRELL Property Situate: Mill Creek Drive; Southold,NY SCTM#: 1000-135-03-026 REASONS FOR APPEAL AREA VARIANCE REASONS (1) An undesirable change will not be produced in the CHARACTER of the neighborhood of a detriment to nearby properties,if granted because: The parcel is a pre-existing/non-conforming lot created prior to the enactment of zoning and consists of approximately 10,094 sq.ft. in an Residential R40 District zone and is consistent in size with the immediately surrounding lots. In addition,the proposed construction is consistent in both size and design with the neighboring improvements: Therefore,no undesirable change in the character of the neighborhood will result from this project. (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 pre-existing and,with respect to the tidal wetlands located contiguous to subject property,non-conforming, as are several neighboring parcels to the east and west along Hashamomuck Pond. The applicant seeks to construct a private single family dwelling twenty-six feet(26.0')from the front yard property line,where fifty feet(50.0') is required. In addition,applicant has secured final approval from the Board of Trustees to reduce the amount of overall non-conformity by the issuance of a variance from the tidal wetlands setback. No other alternative exists. (3) The amount of relief requested is not substantial because: The requested relief is for 24.0'from the front yard setback (52.0% of the requirement). it Therefore, the relief requested is not substantial overall. (4) Thevariance will NOT have an adverse effect df impact on the physical or environmental conditions in the neighborhood or district because: The granting of the variance will have no adverse effect or impact on the physical or environmental conditions in the affected areas of the neighborhood considering that the proposed construction is typical of the srroundingyproperties which have been shown to have no negative impacts to the physical and/or environmental well-being of the area. (5) Has the alleged difficulty been self-created? ( ) Yes,or(X)No. The parcel is a pre-existing/non-conforming lot created prior to the enactment of zoning. The parcel consists of 10,094 sq.ft in an Residential R40 District zone and is consistent in size with the immediately surrounding lots. The request for a variance has not been self-created. 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. QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A.APPLICATION A. Is the sub ct premises listed on the real estate market for sale? U Yes No B. Are there yproposals to change or alter land contours? LJ Yes l No C. 1)Are there any areas that contain wetland grasses? Yes. 2)Are the wetland areas shown on the map submitted with this application? Yes. 3)Is the property bulkleaded between the wetlands area and the upland building area?' No> 4)Ifyour property contains wetlands or pond areas,haveyou contacted the office of the Town Trustees for its determination ofjurisdiction? Yes. Approval secured. D_ Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? Yes. (If slope is over 5'eI.,state"n/a",) E. Are there any patios,concrete barriers,bulkheads or fences that exist and are not shown on the survey map that you am submitting? None, (If none exist,please state"none".) F. Do you have any construction taking place at this time concerning your premises?. None If yes,please submit a copy of your building permit and map as approved by the Building Department (If construction is"as built"without a permit,please state when construction was built,and relevant information: G. Do you or any co-owner also own other land close to this parcel? No. If yes,please explain where or submit copies of deeds. H. Please list present use or operations conducted at this parcel Un—improved lot and proposed use ReGidentia1 1o (please indicate if the same,or ow it" ,roposed if different). Authorized Sr 'a ean. Date ZBA Forms_QUESTIONNAIRE.doc 1002 II1 n 14-16-4"(9/95)Text12 ..617.20 , . . '.S. EQR PROJECT I.D.NUMBER Appendix C State Environmental Quality Review = tin w" SHORt ENVIRONMENTAL ASSESSMENT FORM. , . For UNLISTED ACTIONS Only"' PART 1'-PROJECT INFORMATION (To be completed`by Applicant or Project sponsor)' i 1. APPLICANT/SPQNSOR .- 2. ;PROJEC;I`NAME¢y ,I ' } Suffolk Environmental Consulting,Inc. Joseph Farrell c/aFarrell Building Co. 3. PROJECT LOCATION:. .Municipality Southold . „ county Suffolk, 4. PRECISE LOCATION (Streetaddress and read intersactbons,prominent landmarks,etc.or providemap) ; .... ,k.. ` Mill Creek Drive ' SoutltoldyJ4 5. IS PROPOSED ACTION; d .Sat' +.,0'IE4iansion. 0 Modificatton/afterafon ,.. 6 DESCRIBEPROJECT BRIEFLY: 4ppilcant proposes to boristrtict a private single family dwelling(1, 196 sq:ft.+1-"footprint"),driveway,private well and; septic aystam r 7.. AMOUNT OF LAND EFFECTED: ".. . ... .. Initially;<0.l acres Ultimately <0.1 acres 8.. WILL PROPOSED ACTION COMPLY,WITH EXISTING ZONING OR OTHER EXISTINGaLAND;USE RESTRICTIONS? ® Yes D No If No, describe briefly 9. 1. WHAT ISPRESENT LAND•USE IN VICINITY OF'PROJECT? ®Residenttal` ' 'DlndustriaP DCommercral DAgriculture DPark/ForestiOpen space DOther Describer I.Private single family residences with related appurtenances. 10, DOES ACTION INVOLVE.A PERMIT APPROVAL,OR FUNDING;NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENT,,. AGENCt(FEDERAL;STATE OR LOCAL)? < 2 Yes `- - ONo If yes,list agency(s)and permit/approvals NYSDECapproval(secured);Town of Southold Board of Trustees approval(secured);Suffolk County Dept of Health Services approval 11. DOES.AIIIYASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? D Yes @ No If yes,list agency(s)and permit/approvals 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? DYes ElNo I CERTIFY THAT THE INFORMATION PROVIDED l&TRUE THE BEST OF MY KNOWLEDGE ::P9 nsor name: Matt .Ivans-S olk Environmental Consulting,Inc. Date: 03/25/03 :. . If the action is in the Coastal Area,and you are a state agency,complete the Coastal Assessment Fonn before proceeding with this assessment OVER 1 I r 4 - yy PART fG;ENVIRONMENTAL ASSESSMENT(To completed by Agency) A. DOES ACTION EXCEED ANY tYPE I THRESHOLD IN 6 NYCRR,PART 617.12? If yes,coordinate the review process and use the FULL EAF. yes 0 N ;. B. WVILLACTION RECEIVE COORDINATED REVIEW ASoPROVIDEDFOR UNLISTED ACTIONS IN 6 NYCRR,PART 617.6? If No.. a negative declaration may be superseded by another nivolved agency s .{ (]Yes D No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED Vu1TH'THEFOL.OWING:,(Answers may behandwritten,.,. Cl.. Existing air quahty sudor groundwater cidalffii,iii&saCletels,'existing trefffc patterns,solid wasteproductionordisposal potethial for erosion drainageorflooding problems? Explainbriefly:,.. C2,Aesthetic,. ,.a. o� atural es a community ar neighborhood sharacten ,aggcgltural r�cheol, 'cat,historical or etherP , or cu@ural r�ourc Explalnbite s+r< 4cc " (_ , •yt ,i- ?', 7I CS. Vegetation or fauna,fish,shellfish or wildlife species,significant habitat,or threatened or endangered species? Explain C4. A communilys existing plans or goals as officially adopted,or change in use of intensity of use of land natural resources? ):Kate' ntiriefty;. C5. Growth,subsequent development or related activities likely to be induced by the proposed action? Explain briefly ' C6. Long term;short tenth;cumulative,or other effects not identifiielinCl-05?..Explain-briefly: C7: Other impacts(including changes in use of either quantity or type of energy)? Explain briefly: D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A.CEA? D. IS THERE,OR THERE,LIKELY TO BE,CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? Yes ❑No If yes;explain briefly "PART t-DETERMINATION OF SIGNIFICANCE(Tobe completed by Agency) g INSTRUCTIONS: For each adverse effect identified above,determine whether it IS substantiat large,important;or cthenvrse significant. Each effect should he assessed in connection with its(a)setting(le urban or nuraD (t probability of occurring (0)duration (d)irreversibdity (5) geographic scope; and(f)magnitude. If necessary,add attachments or reference supporting,materials. Ensure that explanations;contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed If question D of Part 11 was checked yes, the determination and significance must evaluate the potential impact of the proposed action on the envirudmental characteristics of the CEA , _ 0 Check this box if you have Identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a Positive declaration, ❑ Check this box you have determined,based on the information and analysis above and any supporting documentation,that the sproposed action WILL.NOT result in any significant adverse environmental impacts AND provide on attachments as necessary,the reasons_supporting thus determination:.. :. _. , Name of Lead Agency Print or Type Name of Responsible Officer Title of Responsible Officer Signature of ResponsEVe Officer in Lead Agency -: - Signature of Preparer(If different-From responsible officer) Date JI 2 ie O 53W Suffolk Environmental Consulting, Inc. Newman Village,Main Street,P.O.Box 2003, Bridgehampton,New York 11932-2003 (631) 537-5160 Fax: (631) 537-5198 Bruce Anderson,M.S.,President May 12,2003 Lydia A. Tortora Chairwoman Southold Zoning Board of Appeals Town Hall ECF NED PD.Bbx 1179 Southold,NY 11971 MAY 1 5 26©3 Re:. Farrell property og,;?� Situate: Mill Creek Drive A Town of Southold,NY SCTM# 1000-135-03-026 f' Dear Ms. Tortora, This Firm represents Mr. Farrell, owner of the above referenced property,who is seeking all required Town of Southold Building Department approval to construct a private single family dwelling thereon. Subsequent to our initial building permit application requesting same, a Notice of Disapproval was received pursuant to Article XXVI, Section 100-244of the Town Code. Therefore,variance approval is requested from your Department. Please find enclosed herewith: (1) Town of Southold Zoning Board of Appeals Variance application w/attached addendum{seven [7] copies); (2) Town of Southold Zoning Board of Appeals Questionnaire (seven[7] copies); (3) Owner's Endorsement(seven[7] copies); (4) Short Environmental Assessment Form(seven[71 copies); (5) Copy of the Town of Southold Board of Trustees Wetlands Permit(No. 5662), dated December 11, 2002, concerning subject property(seven[7] copies); 411/11 (6) Copy of the New York State Department of Environmental Conservation Letter of Non-Jurisdiction (No. 1-4738-03099/00001), dated December 27, 2002, concerning subject property(seven [7] copies); (7) Copy of the Town of Southold Building Department Notice of Disapproval, dated March 21, 2003, concerning the proposed dwelling (seven [7] copies); (8) Survey of subject property, prepared by HANDS ON SURVEYING, last dated January 16, 2003 (seven [7] copies); and (9) Check made payable to the Town of Southold in order to cover the requisite application fee. By way of this correspondence, and on behalf of Mr. Farrell, kindly review the attached items and schedule this matter for the next available Town of Southold Zoning Board of Appeals meeting concerning this matter. Should you have any questions regarding this matter, please feel free to contact this office at any time. Thank you in advance for your attention and consideration. Sincerely, ///i Matt D. Ivans attachment cc: J. Farrell OWNER'S ENDORSEMENT (TO BE SIGNED IF APPLICANT IS NOT OWNER) STATE OF NEW YORK) COUNTY OF SUFFOLK) SS: 7oseph Farrell, being duly sworn, deposes and says; I reside at;Main Street; P.O.Box 14;Brdgehampton,NY In the County of Suffolk , and the state of New York, and I am.the(owner in fee) (officer of the Corporation which is owner in fee)of the premises described in the foregoing application and that I have authorized Suffolk Environmental Consulting.Inc. to make the foregoing application as described herein. Sii . ure Signature If Corporation,name of corporation and Officers Title Officer's Title Before e, this 2S day of Ay.e 20013 Notary Public Matthew D. Naos Notary Public of New York No. 011V6053859 Qualified in Suffolk County Commission Expires January 22,20a-1 APPEALS BOARD MEMBERS �� $Uf,FO(�C \ y' '�i�,r0 OGy Southold Town Hall Lydia A. Tortora, Chairwoman th o .. 53095 Main Road Gerard P. Goehringer •to x ; P.O. Box 1179 rev e George Homing 0 . 0 Southold,New York 11971-0959 Ruth D. Oliva ?y?Ja� �d' ZBA Fax(631)765-9064 Vmcent Orlandojor ��'� Telephone(631)765-1$09 ,,,,, http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD October 6, 2003 Mr. Bruce Anderson Suffolk Environmental Consulting, Inc. P.O. Box 2003 Bridgehampton NY 11932-2003 Re: Appl. No. 5374 (Variance/Farrell) Dear Mr. Anderson: Enclosed please find a copy of the findings and determination rendered at Zoning Board of Appeals Meeting held September 11, 2003. Please be sure to follow-up with the Building Department for the next step in this building-permit application process. When returning to the Building Department, please provide their office with an extra copy of the enclosed determination and, if applicable, the amendment to the maps to show conformity with the Board's decision and/or conditions. Thank you. Very truly yours, Linda Kowalski Enclosure Copy of Decision 10/3 to: Building Department ELIZABETH A.NEVILLE �� O4 Town Hall,53095 Main Road TOWN CLERK , o P.O.Box 1179 ' H Z Southold, New York 11971 REGISTRAR OF VITAL STATISTICS w' MARRIAGE.OFFICER .‘4* Od?. �i��,, Fax(631) 765-6145 RECORDS MANAGEMENT OFFICER a�Q� -0„,•1. Telephone (631) 765-1800 T FREEDOM_OF INFORMATION OFFICER _ . �s' southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville, Southold Town Clerk DATED: May 19, 2003 RE: Zoning Appeal No. 5374 Transmitted herewith is Zoning Appeal No. 5374 of Joseph Farrell by Bruce Anderson of Suffolk Environmental Consulting for a variance. Also included is: a letter of transmittal dated May 12, 2003; letter of authorization; ZBA Questionnaire; Short Environmental Assessment Form; resolution by Board of Trustees dated December 11, 2002; Board of Trustees' Permit No. 5662; NYS DEC letter of Non-Jurisdiction; Notice of Disapproval from the Building Department dated March 21,2003; and survey. I � r Town Of Southold �"�* J _/ P.OBox 1179 . w✓ Southold, NY 11971 * * * RECEIPT * * * Date: 05/19/03 Receipt#: 5970 Transaction(s): Subtotal 1 Application Fees $400.00 Check#:5970 Total Paid: $400.00 ii � I ill Ili I ame: Farrell, Joseph Main St Bridgehampton, NY 11932 2rk ID: LINDAC Internal ID:75146 X53'itt- rarati ' TOWN OF SOUTHOLD PROPERTY CO CARD - i-kir -1471 i OWNER • STREET ..?a(. ) VILLAGE DIST. SUB. LOT „O r "y+ polit.godal 6.7_,R,44, 0 cleHle ;-,,,;. ,,.,, l Vii- „lei- e.L.L.I_A . I FORMER OWNER ReS cen,-4,' t a , NE ACR. • /9c24.1 //es s74C 47-7,,4,8/j "c,r� la.a v.e.e ..st..a .Lae /*A 4 3..7'.3; Xe fife* e s 6ds,a W TYPE OF BUILDING n RES. SEAS. VL. 3,, 11. FARM COMM. CB. MICS. Mkt. Value• i^. -LAND IMP. TOTAL DATE REMARKS GG <o 0 0 /O7,(A% $ ,ca 1., E- .z-// V /7 7'p-&-t %47.I9 _Alede.-- A . / A 0 A --9,4"-'r47244)e:S i ,�.. 5 'Real',/,'7%v 4.ea�A '40-lv/l 'Da-Ll deed i f es s i'-#e, ,Tib 06 on' Poi.tii- {a ar9 co Inc• AGE BUILDING CONDITION 1 NEW NORMAL BELOW ABOVE --9I FARM I Acre Value Per Value Acre Tillable FRONTAGE ON WATER g r. Woodland FRONTAGE ON ROAD S Meadowland DEPTH ; ?e 4 fr'''o House Plot BULKHEAD Total DOCK LEGAL NOTICE AUGUST 21,2003 PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O.. BOX 1179, Southold, New York 11971-0959, on Thursday, August 21, 2003,at the time noted below(oras soon thereafter as possible): 11:00 a.m. JOSEPH FARRELL/ORIENT POINT HOLDING CO. #5374, Based on the Building Department's March 21,2003 Notice of Disapproval, applicant requests a Variance under Section 1Q0-244 to locate a new dwelling at less than 35 feet from tihefront lot line, at 235 Mill Creek Drive, Southold, GTM#135-3-26. The Board,of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to stibmit writtep statements before the conclusion bf each hearing. Each hearing will. not start earlier than designated above. Files are available for review during regular business hours. If you have questions, pleate do not hesitate to call (631) 765-1809. Dated: July 14,2003. Lydia A. Tortora, Chairwoman Board of Appeals 1 9;12- COUNTY OF SUFFOLK° 424,1:r n ' �3 A,fes, 16, cc 2 i ZO0'3 ROBERTJ. ,'G#i,EFNEY SUFFOLK COUNTYEXECUTIVE THOMAS ISLES, AICP DEPARTMENT OF PLANNING DIRECTOR OF PLANNING I October 15, 2003 Town of Southold Zoning Board'of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s)submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Severin, John 5303 Corazzini,Richard&Cheryl 5348 Nikolich,Andrew 5368 Ulrich, Joseph, Dorothy& Susan 5370 Kelly,Ann Marie 5373 ✓Farrell,Joseph(Orient Point Holding Co.) 5374 Lehrhoff Michael& Cathy 5376 Very truly yours, Thomas Isles Director of Planning S/s Gerald G.Newman Chief Planner GGN:cc G:\CCHORN'l ZONING\ZONING\WORKING\LD2003\SEPTR#10.SEP I I LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. -4TH FLOOR ■ P. 0. BOX 6100 ■ (516/853-5190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER.(5 1 61 853-4044 '°°guFFO(;� APPEALS BOARD MEMBERS r°°°p C �r°�O�' OG Southold Town Hall Lydia A.Tortora, Chairwoman ��o CI' 53095 Main Road Gerard P. Goehringer t ti x ; P.O.Box 1179 in t George Horning P t Southold,New York 11971-0959 Ruth D.Olin '_y'�0 .�O�ee'� ZBA Fax(631)765-9064 Vincent Orlando � �y,,"I Telephone(631)765-1809 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUT'HOLD October 8, 2003 Mr. Gerald G. Newman, Chief Planner Suffolk County Department of Planning P. O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Newman: Please find enclosed the following applications with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: Witfeeof R—STATE hin500 ORt CO: UNTY ROAD W —WATERWAY (BAY, SOUND, OR ESTUARY) B — BOUNDARY OF EXISTING OR PROPOSED COUNTY, STATE, FEDERAL LAND ZBA NAME ACTION REQUESTED R W B Iti k 5303 SEVERINI, JOHN ADDNS TO DWELLING — BULKHEAD SB X X 5348 CORAZZINI, RICHARD FAMILY ROOM ADDN — SIDE YARD SB X I 5368 NIKOLICH, ANDREW ACCY DECK & SHED ADDN / BULKHD SB X X 1 5370 ,ULRICH, SUSAN "AS-BUILT" DECK ADDN I REAR SETBACK X I 5373 KELLY, ANN MARIE ALT /ADDN— FRONT YARD & BULKHD SB X L- 5374 FARRELL, JOSEPH NEW DWELLING — FRONT YARD SB X X 5376 LEHRHOFF, MICHAEL DECK EXPANSION — FRONT & REAR SB X Vii, 1{ If any other information is needed, please do not hesitate to call us. Thank you. , Very truly yours, 'I Jess Boge 1% iJ Enc. 1'II' cc ZBA Staff { 19 TOWN OF SOUTHOLD' y )1 BUILDING DEPARTMENT 4 700 HALL SOUTHOLD, NX. 11971 _ TEL.: 765-1802 F� Examined 2002 ' 2003 Approved ,2002 Permit No. Disapproveda/c, Z, a W ff I{ illi i _ :.e'ntl APPLICATION FOR BUILDING PERMIT Date February 11,2003 ,_...— (±-; tit 3 INSTRUCTIONS a Thas ap t 'w i22 must be completely filled in by typewriter or m ink and submitted to the Building Inspector, with 3 sets of plans, accurate plot plan to-scale, Flee according to schedule, b. lot pi..sboovgg location of_..191 and of buildings on premises,relationship to adjoining premises or public streets or areas, ane and-givingt&Iiiied description of layout of property must be drawn on the diagram which is part of this application. c. The work covered by this application may not be commenced before issuance of Building Permit: d. Upon approvalof this application, the Building Inspector will issue a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work. e.No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by theBuildiug Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County,New York,and other applicable Laws,Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition,as herein described. The applicant agrees to comply with all applicable laws, ordinances, b 'Ming code,h ing A e,r, id regulations, and to admit authorized inspectors on premises and in building for n- - . .- inspections. (Signature of applicant,or name, if a corporation) Suffolk Environmental Consulting,Inc. P.O.Box 2003;Bridgehampton,NY 11932 (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer,general contractor, electrician,plumber or builder AGENT Name of owner of premises (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. N/A (Name and title of corporate officer) Builder's License No. Plumber's License No. Electrician's License No. Other Trade's License No. 1. Location of land on which proposed work will be done Mill Creek Drive n/a House Number Street Hamlet County Tax Map No. 1000 Section 135 Block 03 Lot . 02&- Subdivision n/a Filed Map No. n/a Lot n/a (Name) 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancyimprovedproperty b. Intended use and occupancy Private\ single family residential dwelling with related appurtenaiies. 3.Nature of work(check which applicable): New Building X Addition Alteration.' Repair Removal Demolition e Work a:1 (Descrintion) L. Fes-`*. 4.Estimated Cost $250,0b. Fee r r ' (to be paid on filing this application) 5.If dwelling, number of dwelling units 1 Number of dwelling units on each floor 1 If garage,Dumber of cars n/a 6. If business, commgJal or mixed occupancy, specify nature and extent of each type of use N/A 7.Dimensoof existing structures, if any: Front n/a Rear n/a Depth n/a Height n/a Number of Stories n/a Dimensions of same structure with alterations or additions: Front n/a Rear n/a Depth n/a Height n/a Number of Stories n/a 8.Dimensions of entire new construction: Front 46.0' Rear 46/0' Depth 26.0' Height <32.0' Number of Stories 2 9. Size of lot: Front 75.0' ± Rear 115.0'± Depth 120.0' ± 0. Date of Purchase n/a Name of Former Owner n/a 1. Zone or use district in which premises are situated R-40 2.Does proposed construction violate any zoning law, ordinance or regulation: Yes. 3.Will lot be re-graded No. Will excess fill be removed fiino.premises: Yes No 4.Name of Owner ofpremises Joseph Farrell Phone (631)537-1068. Name of Architect James McDonough,Jr.Address 308 w.Main St:Suite 202:Smiurtown.NY uls7Phone No. (631)491-6400 Name of Contractor n/a Address n/a Phone No. n/a 5.Is this property within 300 feetofa tidal wetland? *Yes X No *If yes, Southold Town Trustees Permit may be required. PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and indicate all set-back dimensions from +roperty lines. Give street and block number or description according to deed,and show street names and indicate whether oterior or corner lot. Please refer to attached Plans. i I 5 ;TATE OF NEW YORK, AUNTY OF SUFFOLK S.S r BRUCE A ANDERSON being duly sworn, deposes and says that he is the applicant (Name of individual signing contract) above named. Ie/she is the Agent-Suffolk Environmental Consulting,Ing. (Contractor, agent, corporate officer,etc) f said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this, pplication;that all statements contained in this application are true to the best of this knowledge and belief, and 8 hat the work will be performed in the manner set forth in the application filed therewith. ;worn to before me this 774�l day of /'�� 2003 i / / Iotary Public -em /' Matthew D. Inns (Signature of Applicant). Notary Public of New York No. 011V6053859 Qualified in Suffolk County , Commission Expires January 22,24577 NOTICE OF HERffiG = --- Kpublic - hearing will be held by the Southold Town Appeals Board at Town Hall, 53095 Main Road, Southold,-concerning this property APPLICANT: J . FARRELL/ORIENT PT HLD. CO . TAX MAP #: 135-$.26 APPEAL: VVARIANCE-SETB ACK PROJECT: NEW DWELLING TIME & DATE: THURS. AUG 21ST -11 :00 Kim If you are interested in this project, you may review the Town file(s) prior to the hearing during normal business days between the hours of 8am and 3pm , : t itWN • 631 -765-1809 ZONdNG BO � •A � of SOUTHOLD " if 1 Ih I'I I. �11'I j' i, - ---.. .. h ) 10:511, .11 Ili: .V\1::'.\!:B811 " Ii1.1,IN. , is".I.- liliS.d on :!7 11.1iiIiii:,_ I).N,7I!Inapl's \;,131.1(, 204)3 \ouce''01:,'1si,0001;3l::1. hill:tic:a . 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COUNTY OF SUFFOLK Ll1W ' '00, N(1,Le' OI„ DI„pl 0\ 'I','; appnL 01 ! 1 I 111L,tul "1 23 anpllLl u: raj11t,1, 'S'arl ul.e 1\ a1C 1 .: r Se iio0 1110- STATE OF NEW YORK ss: 1, p'dll I i \L41 Ir 111 loci ( r\ • i n' 1Lik ritiPO, t,l, IlitlaIIOc"f' Lise Marinace, being duly sworn, says ,'YYin I aci 11(1, 111111 L 71171 11'11 .1' 1eL4 Jr. IL '\l'11.1).1;,1 Ill 1. i.10 "1 t\hlI10 IIbU li,d" IIl I 1.• hn, 1',tt1 10,01'1 111 IiOn, that she is the Legal Advertising. t ItAll'„1(I ll.:Ie 11 Ii1 'l`I I i., .11 II •:'-IS 1 I .'.tt 611 Pit. Coordinator, of the Traveler Watchman, I . !! 1'1+ tt.11ui,ol l 1.2. ec iq , .. ("1111' 1t1rc;( I \I 'I� -f- t.' .r, 1 (-1\1 '10(10-08-5-2.. 3..;',11.d."..4. - 1110 1, 11.' RI \..1.•\11I\ \\i), a public newspaper printed at Southold, F ('.tllltl)1 L a:' incl : r\112 14.1\_ l \ D120 ! \3_ in Suffolk County; and that the notice of P y; .. 10 00 lin. D )\lII l _!.\\ \I_ ( t 011 : N)9 14Ae( 1h: a '\l' ':. 13.;L,I '!,0 IIIc 13 it l l0 1)'.p 1 ' 1.r 1>'q1 f which the annexed is a printed copy, has ! 11•'I1,11,1 111 1^, l)eN=tun I l '\I it 0': '-011, Notice o I)',:,ppl ll\.I; been published in said Traveler d. •IP...;11Ut 1\()get:, OI" '1)1-.I ,11111, ill.' a,nli,itnti, ,•,(1 It 111'1 tC111Cd Watchman once each week i:apht.pII II I,injll ,” I' 211)11 l I 'al'll St1111 '011 Il\ 1111 In UnJu• 1.4)11)11 101)'244';1it' Lui',' t,1 1hOli )i ill( i ' '.41'I !la for Week •`� cessively, ial ie Ir iltlitlt10I r,. It II I, 11'l efilra20 R'"1111• ta.' Ilt i u.H1 Co 0. I. on the. day of 1 $ thselru " ttilh t rL 1 •11d 1 '01111 i1I! b 1101 d\ i ;p Ce. (,/�/'.// U I , I , 1400 0 'eat .... 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III ::( SI T, .' i') '.l' 254 - Iteone I IOI Soecidi lclgIL Ihnn;!0iao 1,',-4), •OI l'I. It)' I �..IlI I !.uaL. ieeilan 10(''- - Io ”,n:•,:' n'.10e'+1:• 1 ';100-1 I- \, „ ' 11. • • It13100u '01112.1 LdtI I . - ,Siio. L'ocali000 Iltopens.: "911\ 81!il ,': io L.:lal.1:.:I .n.In.Iriot- +9 nao .(1013-1.11-, ',') 1i.Ird . •! ,...; ' 3.0 a I •h It t, u t 1.....:t1 >rli l\ 1h i e' tuond en-CC:nag' I I I •-• m,thil" ,::-d 'it 116, OYI t • Jodi t • t 1 O 11 111112 lih kl I,I 1.,. 11. t :,t,I\1 ', (,"-1 " ' ' I1ml0BLIsine„ /Ale 1)1.411=1. P :211000 I), 10'': 111n..1 , u .:r'.u.!o.•h1e,1Ihlm33,11:- '+. ' 11) 1) '11• '1, • \• NI)14I'y. 1•of ht ul 1'Yapei It•• '-'' ”.%'os \n LW it le, Int: Oo , 011 ' II; , I..`. 'lull Lll:a., till:.In lull v.1111 r�ll\l)II('ll (a '•R. .' tin Seek (t0 d. \3111123111 : Ii:ri(:1!t, 5„/"1„4/1 Ili:ur= I : .p 1 ,. ilk, o\\Is:” "e,1oeu i .! 7. ,ill, RulkIl' 'I)-.. ' '1WI ••ir;it Ii:. fi,r LII, \1111'.` 101 Ii): IOL ' ol: Oi Orilllell\ 125s C(mile,. (,0a1, t+all f)(al I.u.rd, 0ii lh 4;25.: 'SolILL o 1)h.li I)1oi .i. ( 1A1 '''1.3-I4-1(!. sound \\eill:e. \i:.III,aek: o .ql bl('t OI \ ltt,IJ ..,I,n:LlliletI \1:11 6. .1-'3t.':, ;Il', ,.I- 1:20 'I 1: \12( !1311 \\II I''i..eI !4)'!(1-!J1--;ti.: " , I Rtl'I. I.:it:RI l :neer 114)111 .'-t a,a:l ., .eilni 111132 I1.1ia.n...•-, 111: (\_in 1,1 1!tittO2-1 ' , 'o 'air";ttlees;i,rt.•-ILA d.h.1 ic!di0•ori Iia.ed or 1';: 1i;::idi0 • 1+10 1110 "d\i.illO:•• Ill.%4:1110g:''210111 I) rI')1'r..'d', lh:rch 1001 It,. ilial Itta li.d.rigie 1)1n.- So:Ice., 'DI' :l'i o' ,' a.. 1;1.:;.1 't:. 111 0 330130, 1; '010110. 1. \Ir; 20. 201(1. :.,;p11.:40.;.• a, 501111 old,Ci\1 ( 9-1' 1:•:"1.1.!"' 11 \'''.:1!11'.'': !"011... CTM#104-11-12.1.. 162 for reversaloftlteBalding ' .10:44) •.I.nl. 1(1\1 PI 'n.tI 110.2 .: a' It'i1- 1:30 p.m. OMNIPOINT Depattment% 'Notice of 'IL1)R1);I111, \\D `l S \N ....441/ 1. :'Ie'. 1:.31:.1 'ul COMMUNICATIONS. Lessee Disapproval, or'(2)"alternative- 11•.1 I IR R.11 5.37°. '3l ::I "r 11e "twel'01 . I :0 13L'ildi ! l'%2I WI' (and GEORGE L. PENNY . Iy, a.Varianee under Section. 'Building Dt1'ul uL II. \I Loci, '.'95'-/. .0. uet.. .\ i, );'. INC: Owner') #5357. Based on 100=152'for the location of a I 1103 \,)Otic o' I)1"appro\'.1, p0;'1"": "I \ I L 1 (b 01. ',11'-'•„" the Building Department's April proposed teleconnnnnications 1111) lc I.II'.I to ,l 11 •\':":,1,1I:e r:t,n;::( (I ' 110 1 I 1l ' 1, 2003 Notice of Disapproval, tower less than 300 fed om ,!;.II1der Section Ion-2.14 10r' au l'I. 0 r.. r, t '1,I:l' III .- t) applicant requests (1) an ;an-1µ3l(' dr,"3 41..,'r iu ur„11, Iesa \1 ulna \,:1;. RUii l.I t ,tl„•.1e; Interpretation of Section 100-: See Legals next page's 3 ! ' ' i2'14,'' ' : ' % !, %; '' ', '''' ' =.‘-:\:,' '''l 2'' „, ,,,Co.:LIT,',,7 ; 4,2 i''.Th-:,? •' ,' '" ' '. 44H'..<-°''' .--.--, 4-4,'...','''''.:, ' ''' ' 't,1!,,',:rsP, „ , , . ., 4, , • 4, . , .. , , ,,e , _ _ , . , . , • . 4, . C RTIFIED TO: FARRELL BUILDING CO. :TIELL1 INESsA6C4:04:EEDGE OP CANAL . . SURVEY OF i . , . • . . • TEST HOLE DATA . . EL las LINE'' BEARING DISTANCE • . 44 4,•t i OW , ' /,. TOPSOIL ..i, , L2 S.131°46131"E DESCRISED PROPERTY , . . .1"4. SITUATE AT. SANDY LOAM 1 L4 S 7904437"E t.4 .. .air &GRAVEL , :3 4411 , . 0 SOUTH OLD. CO. l , . . SAND TOWN OF SOUTHOLD FILEDI ' & I , A . ' REVISIONS-. L GRAVEL 5. ' T REV PROP.DWELL 1/1002 "HANDS ON SURVEYING , • . . SUFFOLK COUNTY,,NEW.YORK ADD WERAND FLAGS 7/10002 . , ODD ADJ,WELL 7129/2002 46 NORTH ROAD ' - SAND PROP. HAMPTON BAYS,NEW YORK • ' S.C.T.M. 01ST 1000 SEC. 135 BLK.03 LOT 26 . 4 DWAY LOD Wu . ' HEAVY . , .. RECALC.CONTOUR LINES 8/20A)2 . . ; •...11 imos .... , ......... REV PLOT PLANA ADDSAN CX VC iam ... ..all immi.m. sm•••••• MEAN&HSE FOR NYSDEC Wi3/D2 , TEL i FAX,(631)-723-1954 ' GRAVEL ' MARTINP1 HAND L.S _c L ' . . id • 5 0 10 . ' 20 . 30 AO . '50- 60. 70 80 904.9.AMR'S 11/14102 116 PaANPLOC PER SUFFOLK ENVIRONMENTAL 1/16/03 2, WATER IN / 1 . — . . . • SCALE: 1".=20' DATE; DECEMBER 3,2001 , ' ' SAND _ &GRAVEI 17, LOT AREA: 10,04 SQ.FI;4'0232 ACRE . (2)DRYWELLS TO BE INSTALLED FOR COLLECTION OF . . . 4. ELEVATIONS_REFERENCED TO N.G.V.D. 1929 ROOF RUNOFF VIA LEADERS&GUTTERS PROPERTY LOCATED ON FLOOD INSURANCE RATE MAP -•• .4 36103C0158 G -EFFECTIVE DATE:MAY4,1998 . ' . • IA 'W:23.1..P4m7d '''''; ' ' '' NOTE;NOFIWWILL BE.REQUIRED TO BE BROUGHT ON SITE C s 0-'°' ".t a..•- b' -.- :7--4N--eke1 "..7.i.e .„,_ . . ._ arramyam.$) 4111 ) ' . . alEtts ' , FOR.GRADING OF SANRARY SYSTEM. CitThla ' - s . , NO .„4/ .. ,.. H triniakriii CZ . , . PROPOSED SANITARY-SYSTEM. -C-kOSS SECTION vzo'3'‘1.99tfr .... .................201F..........Aff te ' - . estr.r.thetifir IP 3 I .....46% -....• -.....%'--..' * <O ..4•44.4.---' --F-44 4 44, - • • '. • - Bb.„=- Ar."' • '• • . • \ &A--(kt,9„. 4. -t------2 :-&etE .., - . . „ .. ...%. • \ A,44,&'-'44'64;*"•—•*,__ ---- a'LL--k z: ro . • • \ *kilt 'ckit • . . • • , ' L , • F.F.= 13.50' ' ' \ -a. .. .. . I qcOoktitt ° 4.74- - _ '11, A '.,--- , PROPOSELGRADE___ ' \ I I ELie Hp 0.. \ , EibIt4S7t4EStitio„_ if — 1,000 - EMT \ -cPLC ' ' (41 .------ WELL AS SHOWN • . - ' -GAL-L-ON, -(2)431-04A -o 1 N 4,•,..„:"--9C ----- .,_,. . / INTENDED FOR DEEM . ' -ST XEDEEP 6' . 1 Fb% --i - . ' 4 _ _ ..--sit- - - ' A, A ELLS 0' . . INVEL14 . . --. INVELAT INV EAR i el -, \ / R4V.E1:9,7 71144 . 6 ,..e. , / • . ' //-6 4 24 1///////////////:44;4 4:4 4:4 4////4 2/// €'-°•g-' , cis 5 _ ` _J- . , ToIt4ERLY OF , ... \ ' . . , ....5 ... . . . ,4,...lin Kg OR voseff / _ -.) -cl:f 4444:Lia \ ,/-,:` ' , 1-tvw DONALD I , , . & / -4 , .. ' — — — — , GROUND WATER - 7--- - - , jopa G.vrim-PIFF Ift44,,,, 2 ' ‘ .41 ' — ‘ -) -1 i • -c4Z44 t It SII 1. va \ . ' 14/ -Z2 , .... , tAbpo 414 .Ii- " i , . . , (S..z.,,PO 4Pti. ,e-7.-t4,66 .. gv w ).*'..c"o -”Y00/07:4?)- Z..9 • . c:/3.507 , -c . • Alio' • -, . . . a ' '• eit r e, . , . _ 1 ,.., OCCUPANY i tivilsaLiisowspionis • (4".! 5 . 1 Ly7--56M - - / ri A . , ii . - ",..,.. -..,,to .. .,...„.04,,.., . , op ...--4 --- ' irsin • . , .- • ,. '1440471°4 t co „_;;;,s,',i);:81° , . 5 a' 0 I , • L. 1\1-- -- . . I i • 'd • ',, . 0. "ko ...P•-• -y. ( V , % NEV696,64t o .nSISR . . • . ' "IS'et. . . ' . . . ' . ,1 '--1 • • • •• • .. . ._ • kie 0 . , . . . , 0 . , . . . . . , . , . C.0,14,S,_ENOORSEM „ENTS ,. 5 . , . . , . . . . , . . , . . . . . . ' ' --.•- ' • . .5 _ __ ,,. . _ .., Albert J.Krupski,President ,,'"" _ Town Hall James King,Vice-President o° OFFOL4' ( 53095 Route 25 Artie Foster ��o�O�� C4j.\ P.O.Box 1179 * Southold New York 11971-0959 Ken Poliwoda o ' Peggy A. Dickerson H Z Telephone(631) 765-1892 O $ Fax(631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD December 11, 2002 Mr. Bruce Anderson Suffolk Environmental Consulting, Inc. PO Box 2003 Bridgehampton,NY 11932-2003 RE: SCTM# 135-03-26 JOSEPH FARRELL Mill Creek Drive Southold,NY Dear Mr. Anderson: The Board of Town Trustees took the following action during a Regular Meeting, held on November 20th, 2002 regarding the above matter. WHEREAS,Suffolk Environmental Consulting, Inc. On behalf of Joseph Farrell applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated October 3rd 2002 WHEREAS, said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on November 20th 2002 at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, 2 WHEREAS, the structure complies with the standard set forth in Chapter 97-18 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 the Board of Trustees approved the application of Joseph Farrell for a Wetland Permit to construct a 1,196 square foot+/- (footprint)private single family dwelling, driveway sanitary system and private well with l linethe andalsostipulation a non-turf buffer line on the back of the 100 feet or greater from the delimitation house. as per plan submitted. BE IT FURTHER RESOLVED that this determination should not be considered a determination made for any other Department or Agency, which may also have an application pending for the same or similar project. Fee must be paid, if applicable and permit issued within six months of the date of this notification. If inspections are required, at a fee of$5.00 per inspection(See attached schedule). FEES: None Very truly yours, /4J �. Albert J. Krupski, Jr. President,Board of Trustees AJK/cjc cc DEC Building Department �s11.1Z , I --- , ` r _; , ` R ,`d _ A , -,int'.� ' lici:•. ..;" :. fj. ly T>> is •��NE eerr`' ) ' :4F4- .L \ /. _ 1 ( • 1 ',', ;-t ) . q. :, ' _ ` Board Of Southold Town Trustees .- SOUTHOLD, NEW YORK *:: k abL4,- Nov. 20, 2002 \ FPERMIT NO. DATE:Ij .i> .# ti....- , : .. ISSUED TO .. JOSEPH....A.RRE.LL • .. lid oxtMtton ' '\ I � 4 e �+ Pursuant to the provisions of Chapter 615 of the Laws of r, �. ` -; the State of New York, 1893; and Chapter 404 of the Laws of the- g `, New York 1952; and the Southold Town Ordinance en- S �•a - ? 't >. State of _ - �, IF • -•' titled "REGULATING AND THE PLACING OF OBSTRUCTIONS - ., I ,� IN AND ON TOWN WATERS AND PUBLIC LANDS and the M / . r : • REMOVAL OF SAND, GRAVEL OR OTHER MATERIALS FROM { IV LANDS UNDER TOWN WATERS;". and in accordance with thez�'^, \ �,;�Y >:,� Nov. 20th, • `-'��c Resolution of The Board adopted at a meeting held on 1 2002 , and in consideration of the sum of $...20Q..-00 .- paid by Y is y .Suffolk...Environmental Consulting on -behalf of Joseph ' ''`•a ,�,:;-,`: 1 arrell Bridgehampton, N. Y. and subject to the ' o Terms and Conditions listed on the reverse side hereof, �� \i• x' • of Southold Town Trustees authorizes and permits the following: A cii Wetland Permit to construct a 1,196 square foot+/-(footprint)private single family dwelling, • :-:' _kek, \ Re C driveway sanitary system and private well with the stipulation that the sanitary system will be ••••-:. //''',,& 100 feet or greater from the delimitation line and also a non-turf buffer line on the back of the J . house.as per plan submitted. /;` all in accordance with the detailed specifications as presented inir ,)ti F �„' -;" the originating application. v A :'" ' •; IN WITNESS WHEREOF, The said Board of Trustees here- , I ' � by causes its Corporate Seal to be affixed, and these presents to ' ''),4e- = ._ N be subscribed by a majority of the said Board as of this date. .-:, , , '�,.4) /�; I _moi _ ; ‘ s/1 '' : ---�'�1 * 1 .,s Trustees Y,;: 1 1: ,\ y g _ .i II/// ,,,go nV _is•- - -Tl ' ,mss �Yy � - `., y-, -•jr- -` `. .�. i V F. '�` K ..3 /} fit; / 7 Y. ~, �, � , '� .e � ` '. i�7s I + rii'.j` Z ��. ( } r.. ..r!T /�': _y�,.tii -, l ryr` �� .hi," •..:_:: '..s '1'� `, ,�r 4�`.....'.r J ?t.. r— �T '�1r..n' ..+ `—_ 41110 4111/ New York State Department of Environmental Conservation Division of Environmental Permits, Region One Building 40-SUNY, Stony Brook, New York 11790-2356 1111111111, Phone: (631)444-0365 FAX: (631)444-0360 - Erin M. Crotty Commissioner TIDAL WETLAND/FRESHWATER WETLAND LETTER OF NON-JURISDICTION Mr. Joseph Farrell December 27, 2002 Farrell Building Company PO Box 14 Bridgehampton, NY 11932 Re: 1-4738-03099/00001 Mill Creek Drive SCTM# 1000-135-3-26 Southold Dear Mr. Farrell : Based on the information you have submitted, the New York State Department of Environmental Conservation has determined that: The property landward of the 10 ' elevation contour on a gradual natural slope, as shown on the survey prepared by Martin Donald Hand last revised 9/13/02, is beyond Article 25 (Tidal Wetlands) jurisdiction; The parcel shown on the survey referenced above is more than 100 ' from regulated freshwater wetlands and beyond Article 24 (Freshwater Wetlands) jurisdiction. Therefore, in accordance with the current Tidal Wetlands Land Use Regulations (6NYCRR Part 661) and Freshwater Wetlands Regulations (6NYCRR Part 663) , no permits are required under the Tidal Wetlands or Freshwater Wetlands Acts (Articles 25 and 24, respectively) . Please be advised, however, that no construction, sedimentation, or disturbance of any kind may take place seaward of the tidal wetlands • jurisdictional boundary, as indicated above, without further Department review. It is your responsibility to ensure that all necessary precautions are taken to prevent any sedimentation or other alteration or disturbance to the ground surface or vegetation within Tidal Wetlands or Freshwater Wetlands jurisdiction which may result from your project. Such precautions may include maintaining adequate work area between the jurisdictional boundaries and your project (i .e. a 15 ' to 20 ' wide construction area) or erecting a temporary fence, barrier, or hay hale berm. Please be further advised that this letter does not rel . e you of he responsibility of obtaining any necessary permits or app vals from other agencies. .ince ely, 111 Jo Wiela Pe lit A.• inistrator cc: M. Ivans/Suffolk Environmental Consulting, Inc. BMHP BOH File FOR OFFICIAL USE ONLY CHECKLIST FOR NEW PROJECTS LABEL APPL 1/ ASSESSORS CARD (7 COPIES) NAME Cl, tt CTY. TAX MAP (7 COPIES + 1) ERZ 35-3_, ✓ or INDEX CARD (ATTACH OLD) TOWN LIST ALPHA BOOK COPY PRIORS SIX COPIES INSPECTION PACKETS COMPLETE REF: UPDATED NEW INFORMATION Rug 19 03 10: 13a STROUGH RERL ESTRTE 631 -537-5198 p. 1 ZONING BOARD OF APPEALS • TOWN OF SOUTHOLD NEW YORK In the Matte of the Applicaticn of AFFIDAVIT JOSEPH FARRELL/ORIENT POINZ.-.11 DING CO. OF SIGN (Name of Applicant) POSTING Regarding Posting of Sign upon Applicant's Land Identified as 1000- 135 - Q3 - 26 COUNTY OF SUFFOLK) STATE OF NEW YORK) I, DIANE K. WASSICK residing at Newman Village Condo, Ste. E, Main Street Bridgehampton New Yo-k, Laing duly sworn, depose and say that. On the 5th day of August . 2003, I personrally placed the Town's official Poster, with the date of hearing and nature of my app,ication noted thereon, securely upon my property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) - facing the street or facing each street or right-of-way entrance;* and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, whi- hearing,dite was snown to be (Signature) Sworn to before me this 18 day of Aug. 2003 GLL � ALAN tRq SOSNI:Notary ia_iJa,St$te of New York �uaitlr� RSS N!k County (Notary Public) Con,f inion suOres June 13 2006 "near the entrance or driveway entrance of my property, as the area most visible to passersby • • 1 Suffolk Environmental Consulting, Inc. JNewman Village, Main Street, P.O Box 2003, Bridgehampton, New York 11932-2003 (631) 537-5160 Fax. (631) 537-5198 Bruce Anderson, M.S., President July 31, 2003 Via Fax/Mail Lydia A. Tortora Chairwoman Southold Zoning Board of Appeals Town Hall P.O. Box 1179 Southold,NY 11971 Re: Farrell property Situate: Mill Creek Drive Town of Southold, NY SCTM# 1000-135-03-026 Dear Ms. Tortora, Enclosed herewith is the original Affidavit of Mailings signed and notarized July 31, 2003, for the property referenced above. A copy of the certified mail receipts referencing the County Tax Map Numbers for the adjacent parcels, along with the originals are also enclosed. Kindly review the enclosed item and should you have any questions and/or comments regarding same, please feel free to contact this office at any time. Thank you for your attention. cVe truly yours, 564414: Diane K. Wassic encl. cc: A. Kelly , 1 e ZONING BOARD OF APPEALS TOWN OF SOUTHOLD NEW YORK In the Matter of the Application of AFFIDAVIT JOSEPH FARRELL/ORIENT POINT HILDING CO. OF (Name of Applicants) MAILINGS CTM Parcel #1000- 135 - 03 - 26 — - - - x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, DIANE K. wassick residing at Newman Village Condo, Ste. E, Main Street Bridgehampton , New York, being duly sworn, depose and say that: i On the 29th day of July , 200 3 I personally mailed at the United States Post Office in Bridgehampton , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the (x) Assessors, or ( ) County Real Property Office , for every property which abuts and is across a public or private street,or vehicular right-of- way of record, surrounding the applicant's property. 4 ,7. to," (Si ature) Sworn to before me this SST* • day of Nc. , 20Q3 Matthew D. !vans Notary Public of New York (Notary Public) No. 011V6053859 Qualified in Suffolk County Commission Expires January 22, 200-7 PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. . . • . ' U.S. Postal ServiceTM CERTIFIED MAILTM RECE • U.S. Posta - _rvice. (Domestic Mail Only;No Insurance Coverage Provided) tr CERTIFIED MAII_TM RECEIPT _a v, I riA m For delivery information visit our website at www.usps.come t=3 (Domestic Mail Only;No insurance Coverage Provided) '41 ' RI For delivery information visit our website at www.usPs.comB rl m m ru SOIrili LD, NY 11071 '' ''' ' '' . k° Postage $ 0.17 UNIT ID: 0932 r-R m 0 Certified Fee Postage $ 0.37 UNIT Ifg--D932 2.30 . , ' 0 Return Reclept Fee f, Post rd F ;Ittirls, 0 Certi2.30fieee , r (Endorsement Required) 1.75 , Here ) 0 (3-4Postienee • - 1 0 Return Reciept Fee Restricted Delivery Fee 1.75 C 1 eIrif: CAR TeC (Endorsement Required) (Endorsement Required) 1-2, 1, \„ ci Restricted Delivery Fee C 1E411 umTJB , m 4.42 07/29/01 (Endorsement Required) Total Postage&Fees $ r-1 -i l • ru rn 4.42 07/20AW Sent To Total Postage&Fees $ -•,_ , i,- ' 0 f1-1 i- N Sent To E_ or PO Box No • 5 XIA/0'. 'Wei-- M 271. e AVIS 0 V.V,090/ ./efir,4g ,4 City,State,ZIP+4or PO Box No. 57) nit i•-c- ctee0 Y. // PS Form 380 ,June 2002 City,State,ZIP+4 ft 0 --__. See Reverse for Instructions • . . k 3. 1000-135-3-25 PS Form 3800,June 2002 See Reverse for Instructions ' 00-135-3-48 . 1 . . .... , U.S. Postal Service. U.S. Postal Service. CERTIFIED MAILTM RECEIPT -0 CERTIFIED MAILTM RECEIPT (Domestic r- m 0 (Domestic Mail Only;No Insurance Coverage Provided) ci Mail Only;No Insurance Coverage Provided) ru rifFor delivery information visit our website at www.usps.comn For delivery information visit our webslte at www.usps.coms m rn 11J MOUNT SINAI, NY 11166 i-1 - • m , ........_ rn Postage $ 0.37 UNIT ID:c0Wr Postage 1111111M UNIT Hi: 0932 in in 0 Certified Fee 2.10 t /r 0 Certified Fee 11111111M ,,, l t • 0 '' Postmark 0 Return Reciept Fee (,.....: it PoHstt 0 Return Fleciept Fee '. i Her,c., (Endorsement Required) 1.75 (Endorsement Required) ' , CI Restricted Delivery Fee 44; of CI Restricted Delivery Fee Cif4rirlf‘... 4T3B 1-n (Endorsement Required) Ln (Endorsement Required) m Total Postage&Fees $ 4.65 07/2q101M! Total Postage&Fees $ 4.42 07/29/03 11.1 RI CD Sent To 1:=1 Sent To 0 (72,411 12/09te4C 0 glilied*....t_*97S5/ ___iteXeele— rs- Street,Apt.No., N -gfre t.Arit7No.; or PO Box No. 5 .0,44,04‘17-7,4) ,..5% ..... ................ _LK._______ .___ . ___ . City,State,ZIP+4 City,State,ZIP+4 A 4 A i AA/ , 4,. /-1 PS Form 3800,June 2002 PS Form 3800,June 2002 . See Reverse for instructions See Reverse for Instructions 1000-135-3-23 1000-135-3-28. 1 U.S. Postal ServiCeTM In CERTIFIED MAILTM RECEIPT i- co (Domestic Mall Only;No Insurance Coverage Provided) ' Ili1 0 0 0-13 534- - 6 For delivery information visit our website at www.usps.coms . I'll ru SOUTHOLD, Nur 11971 . r-q inUNIT ID} b§32 Postage Min Certified Fee MN 0 0 1 ; Postarii Return Reciept Fee l Here V., C1 ------- (Endorsement Required) ---\ 0 Restricted Delivery Fee C1eh1: biiRT \ Ln (Endorsement Required) • , r-1 4.42 07/79/0, m Total Postage&Fees $ Si u , ci Sent To C3 7,1114,LLYAT4W1411 De141491# N -S r ,Apt. o., or PO Box NoI +oliii4 ieiro4t:___c,e11,A__gt , City,State,,Z4 A V IV:10W. ,4,I_at.-•#A . . I 97 Jul 31 03 03: 27p STROUGH REAL ESTATE 631 -53'7-5198 p. 1 0\'\ Suffolk Environmental Consulting, Inc. Newman Village, Main Street,P Boa 2003,Bndgehampton New York 1103-2003 (6 1) 537-5 R,O Fax. t 631)537-519S Bruce Anderson, President July 31,2003 Via Fax/Mail Lydia A. Tortora Chairwoman n Southold Zoning Board of Appeals Town Hall JUL 3 1 2003 P.O. Box 1179 Southold,NY 11971 Re: Farrell property Situate: Mill Creek Drive Town of Southold,NY SCTM# 1000-135-03-026 Dear Ms. Tortora, Enclosed herewith is the original Affidavit of Mailings signed and notarized July 31, 2003, for the property referenced above. A copy of the certified mail receipts referencing the County Tax Map Numbers for the adjacent parcels,along with the originals are also enclosed. Kindly review the enclosed item and should you have any questions and/or comments regarding same,please feel free to contact this office at any time. Thank you for your attention. Ver truly yours, Diane K. Vv`assic enol cc: A Kelly Jul 31 03 03: 27p STROUGH REAL ESTATE 631 -537-5198 p. 2 ZONINC LICAi<;D fl: S TOWN OF SOU 1I-lO1.ID NEW YORK In 016 Matter J the Appil cir AFFIDAVIT JOSEPH FARRELLIORIi;NTHILDING CC. OF (Name of Appiicai MAILINGS • CTM Parcel #1030- 135 - 03 - 26 • COUNTY OF SUFFOLK) ) JUL 3 1 2003 STATE OF NEW YORK I, DIANE K. wassick residing at Newman Village Condo, Ste. E, Main Street Bridgehampton , Now York, being duly sworn, depose and say t'-lat. On the 29th day of July , 200 1 I personally mailed at the United States Post Office in Bridcehamrnpton New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a :rue copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the (x) Assessors, or ( ) County Real Property Offi,.e , for every property whir,h abuts and is across a public or private street, or vehicolar right-of- way of record, surrounding the app!icant's property 4.4' - (Sig ,ature) Sworn to before me this S157- day frday of 20(3 .�..44AFF Matthew D. Ivens Notary Pubic of New York (Notary Public) t c. U11v605385E Cuaii'ied in 5P'tolk County 20C'1 Commissio Expires January 22, PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and eddressos for which notices were mailed Thank you. Jul 31 03 03: 27p STROUGH REAL ESTATE 631 -537-5198 P- 3 li,' • -.-... , . `V.S. Postal Service-, ' ' • •. - :,•,• • .....,. . • .. .. . ,.. , CERTIFIED MAIL, RECEIPT • ' , : 'U.S. PoStal S- , eT„, • . o (Domestic Mail Only;No Insurance Coverage Provided) • 1,- CERTIFIED MAIL„, RECEIPT .. ru ,J3 o (Domestic Mail Only;No Insurance Coverage Provided) For delkery information visit our vrobstte at www•uspe.comy ' on CU • ru •:.':::ltrAl#A,:;t4C11$46S %. 1 :'.."':-,Y •`':,: For delivery information visit our website at www.usps.coMs nnru sdkrioEti. 0 Alizi. ...t,_:•..„,, - rsomage $ 0.27 UNIT ID; ,073:7 r.1 GI m0.77 , UNIT IT11432 c3 Certified Fee 2.70 ' ' =I Fostage $ r----- m _ postimr4 m Conited Fee I______ !-.,_.70 Ii:.-,'7pir.ify4. o Return Reciect Fee 1.75 • lErtOorsement FiequIred) : i tleroc:143 C:1 ,.......,Return Roc col Fee 0 -f ..... 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(Damestic Mail Only;No lneurance Coverage Provided) . ru ruFor&Avery InforiratIon via our website at www.uspe.coots, For delivery Information vieltrour webeito at www.unpe.00mq rrt M '_ nu tfUNT'SINilt, il_____2.66 —.----tif ,...... posta,G s ,.37 i.N.IT jp:ron., m 0,6(', URI" TD: GQ32 Peeler 5 p Cadillac]Foe Cerill.ed 7eo / ' 2.'30 /c. t.:.'..,. o da C3 C3 -ieluir:' ecie,1.Fee i i, i Poit_lair.bat CI '=itIciFterselurTegaFileeci4FrZ _ 1.75 ,_i Hars, (Erdvsernent Required) 'J-75 ' \ .,' ..-A`i-3. •• CI Flet,to decl Deliver?Fee (4 l'i* C'eft 0 Pe5t,Ictecl Dewe,/Fee - I rili 4'; BtfT•31, Lii (Encioreetrent Reepreo) l-r) !Endorsement Rodato.1! , t•-'1 07/:)/(13 t rn tt t:tr! i '-'1129.10..3. mint Postage 8,Foos $ Total Postage&Feel P _____I ru __—_—________---_____ _.1 CI Sore To C3 f Sorg TO c] 1/4-7/70-71e 1690,-or CI I. .60,.grAP.............__iz .-etos-idir......................I r- Stree', t's- Wroot Ara tia. , 'or PC Box Nto ,i 444/11,0.) .5,7-.. I PS Form 35t5 .c.'iii,i.............. - 1 Ps Form 3aoo,;mine 2002 be.HeVet se ful lose kictlon,. ' '. ''' 'Serecteverse for Instructlena 1000-135-3-23 1000-135-3-28.1 'U. :Postal SerViCelw • ' L" tER'llIFIED MAIL,, RECEIPT : i- . lamest c Mail Only;No Insurance Coverage Pmvided) - 1000-135-3-46 rL '.For delivery Information Ault our wase at www.osps.corri, . rri ru i Vriir.p. Iv -119.71 ,i t'll 114.1T 111 0'432 ..__ Pos.:age Ii$ , --------- --, (In - '„.•,,, , , ; Cartroo 7im 1 2.1..' o . v , o •e Floonat --.-------1--„-7-5,1 lk Hate 11 ,i ir flet Al Sod Lot F-ee i. (p,„dor5eme u Requii°0 H___..--_--i rio'i , :\1.` JUL 31 2003 -- --, , C Ro, o1 Oriiii'eiN Fee .rif: bv5...` ! Ls, (L.,,,,s„.. neuyrod, . ._ 7FM-7- - , 1 C=1 i .. 0'p°51)...... ......,!ftigrie- .ratteAfir.g ........ ...-..... 1 :r-e.'y-..............................