HomeMy WebLinkAbout51514-Z TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, NY
BUILDING PERMIT
(THIS PERMIT MUST BE KEPT ON THE PREMISES
WITH ONE SET OF APPROVED PLANS AND SPECIFICATIONS
UNTIL FULL COMPLETION OF THE WORK AUTHORIZED)
Permit#: 51514 Date: 01/02/2025
Permission is hereby granted to:
Lee Siegelson
315 E 68th St Ph BCK
New York, NY 10065
To:
Demolish, by Southold Town definition, an existing single-family dwelling and construct a two-story
single-family dwelling with outdoor shower as applied for per SCHD,ZBA,Trustees and DEC non-
jurisdiction approvals. Floodplain Development Permit is required.
Premises Located at:
2046 Peninsula Rd, Fishers Island, NY 06390
SCTM# 10.-3-10
Pursuant to application dated 08/30/2024 and approved by the Building Inspector.
To expire on 01/02/2027.
Contractors:
Required Inspections:
Fees:
Single Family Dwelling-NEW $1,745.50
DEMOLITION $344.00
Flood Permit $150.00
CO Single Family Dwelling-New $100.00
Total $2,339.50
Building Inspector
,, IN
^A TOWN OF SOUTHOLD—BUILDING DEPARTMENT
Town Hall Annex 54375 Main Road P. O. Box 1179 Southold,NY 11971-0959
Telephone (631) 765-1802 Fax (631) 765-9502 htips://www.southoldtowntiy.gov
Date Received
APPLICATION FOR BUILDING PERMIT Q-`Wbrvu+,4t3 OA
' For Office Use Only �TM -
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PERMIT�i I Building Inspector:_
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Applications and forms must be filled out in their entirety. Incomplete ITLI,
applications will not be accepted. Where the Applicant is not the owner,an
Owner's Authorization form(Page 2)shall be completed.
Date: May 4, 2022
OWNER(S) OF PROPERTY:
Name: Lee and Liliana Siegelson SCTM # 1000-10 - 03 - 10
Project Address: Peninsula Road, Fishers Island NY
Phone#: 917.805.5723 Email: lili@siegelson.com/ lee@siegelson.com
Mailing Address: 315 East 68th St. New York, NY 10065
CONTACT PERSON:
Name: Sam Fitzgerald
Mailing Address: 15 E. Putman Avenue #234, Greenwich, CT 06830
Phone#: 860.287.3808 1Email: sam@sfapc.net
DESIGN PROFESSIONAL INFORMATION:
Name: Sam Fitzgerald Architect, PC
Mailing Address: 15 E. Putnam Avenue #234, Greenwich, CT 06830
Phone#: 860.287.3808 IEII::Sam@sfapc.net
CONTRACTOR INFORMATION:
Name: BD Remodeling and Restoration
Mailing Address: The Gloaming, PO Box 447 Fishers Island NY 06390
Phone#:631 .788.7919 Email:harland@bdrrusa.com
DESCRIPTION OF PROPOSED CONSTRUCTION
❑New Structure ®Addition RAlteration W Repair ❑Demolition Estimated Cost of Project:
❑Other $
Will the lot be re-graded? ❑Yes ®No Will excess fill be removed from premises? ®Yes ❑No
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BOARD OF SOUTHOLD TOWN TRUSTEES
SOUTHOLD,NEW YORK '9t,
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� PERMIT NO. 10457&10457C DATE: SEPTEMRER 13,2023
ISSUED TO: LEE &LIM SIEGELSON
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PROPERTY ADDRESS: 2046 PENINSULA.ROAD FISHERS ISLAND
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SCTM# 1000-10-3-10
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AUTHORIZATION
Pursuant to the provisions of Chapter 275 and/or Chapter 111 of the Town Code of the Town of
Southold and in accordance with the Resolution of the Board of Trustees adopted at the meeting held on
September 13 2023,and in consideration of application fee in the sum of$2500.00 paid by Lee&Lili
Sie elson and subject to the Terms and Conditions as stated in the Resolution,the Southold Town Board of
Trustees authorizes and permits the following:
Wetland Permit for the existing two-story dwelling with a 727sq.ft.footprint and attached 966sq.ft.wrap-
around covered porch; construct a 362sq.ft.two-story addition onto landward side of dwelling;
construct a 181sq.ft.second story addition within the footprint of the existing dwelling; construct a
297sq.ft.front covered entry porch; expand existing screened porch an additional 79sq.ft. in the existing
covered porch; temporarily lift dwelling to construct a new 967sq.ft.foundation; and reconstruct existing
steps to ground off of porch; establish and perpetually maintain a 15'wide vegetated non-tuff buffer
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landward of the rock wall;and as depicted on the site plan prepared by Samuel William Fitzgerald, RA,
received on August 16,2023,and stamped approved on September 13, 2023.
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" IN WITNESS WHEREOF,the said Board of Trustees hereby causes its Corporate Seal to be affixed,
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and these presents to be subscribed by a majority of the said Board as of the day and year first above written.
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BOARD MEMBERS ®� Sod Southold Town Hall
Leslie Kanes Weisman,Chairperson �"a " 53095 Main Road•P.O.Box 1179
" Southold,NY 11971-0959
Patricia Acampora Office Location:
Eric Dantes , Town Annex/First Floor,
Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue)
Nicholas Planamento couN11 Southold,NY 11971
RECEIVED
http://southoldtownny.gov �fQ 6 :45
ZONING BOARD OF APPEALS N
TOWN OF SOUTHOLD �&.- L!�-,
Tel.(631)765-1809 Southold Town Clerk
FINDINGS,DELIBERATIONS AND DETERMINATION
MEETING OF NOVEMBER 17,2022
ZBA FILE: #7702
NAME OF APPLICANT: Lee and Lili Siegelson
PROPERTY LOCATION: 2048 Peninsula Road,Fishers Island,NY SCTM: 1000-10-3-10
SERA DETERM'INA'rION: 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 CQ1R TY ADMIN15U T1 1 COI : 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 22, 2022 stating that this application is considered a matter for local determination as there appears to be
no significant county-wide or inter-community impact.
pp Chapter , g (nt Consistency
review of the Town oflSorsthold1STo vsacCode and referred
Local TaterfsontdRevitalization Pro Program LWRP) Policy
Standards. The LWRP Coordinator issued a recommendation dated October 24, 2022. Based upon the information
provided on the LVW Consistency Assessment Form submitted to this department,as well as the records available,„
it is recommended that the proposed action is INCONSISTENT with LWRP policy standards and therefore is
INCONSISTENT with the LWRP. This determination is based upon the fallowing according to Policy 4.1: 'rhe
single-family residence does not require a location on the coast,The setback relief requested is an indication that the
lot is being overdeveloped in an environmentally sensitive coastal area.
The structure is located with FEMA'flood zone.AE Elevation'l 1. The proposed 30.7%lot coverage on the parcel is
contrary to preventing loss to structure in hazardous areas. The structures within these areas are subject to repetitive
loss from stony surges and flooding and should be avoided and/or minimized.
The proposed improvements will include the sifting of the dwelling consistent with FEMA requirements and the
installation of an Innovative Advanced lJA ""I' Sestiq ystrn which will assist in mitigating any adverse
environmental impacts and will deem the action CONSISTENT with the LWRP
PROPERTY EACT,9LQE$.QRI 0 _: The subject,nose-conforming 9,1.48, .21 acre,rectangular-shaped waterfront
parcel rneastires 50 feet along Peninsula. Road, then runs north 167 feet to West Harbor, along a residentially
developed lot to the east,follows the approximate high-water mark 51 feet west and returns to the roadway 177 feet
along a second residentially developed lot to the west. The lot is unproved with two-story wood-frame house with
wrap-around porch,brick pathway from the roadway to the house and from the house to the fixed wood dock in West
Harbor, an outdoor shower, a second wood-frame house (at roadway) with attached front and rear decks, a small
Page 2,November 17,2022
#7702,Siegelson
SCTM No. 1000-10-3-10
shed and stockade fencing as shown on the survey prepared by Craig P. Bigger, Licensed Land Surveyor and dated
July 8,2022.
BASIS F APPLICATIN: Request for Variances from Article XXIII, Section 280-124; and the Building
Inspector's June 23, 2022 Notice of Disapproval based on an application for a permit to construct additions and
alterations to an existing single family dwelling,at; 1)located less than the code required minimum side yard setback
of 10 feet(both side yards);2) located less than the code required minimum combined side yard setback of 25 Peek;,
3) located less than the code required minimum rear yard setback of 35 feet; 4) more than the code permitted.
maximum lot coverage of 20%; located at: 2046 Peninsula Road, Fishers Island, NY. SCTM No. 1000-5-2-2 &
100010-3-10.
Rj-; l ,E UF-$EL : The applicant requests five variances for proposed alterations and additions to a single-
family residence including:
1. Reduced(single) side yard setbacks of 4 feet and 6 feet, respectively,where the code requires a minimum side
yard setback of 10 feet.
2. A reduced combined side yard setback of 10 feet where the code requires a minimum combined side yard setback
of 25 feet.
3. A reduced rear yard setback of 31 feet where the code requires a minimum of 35 feet.
4. Excessive lot coverage of 30.7%where the code limits coverage to a maximum of 20% lot coverage.
The variance relief requested is necessary for the proposed additions and alterations to the pre-existing house,
including the expansion of the waterside screened in porch by 8.5 feet by 9 feet in the existing structure(final screened
in porch size to be 8.5 feet by 24 feet), the conversion of an existing front porch to living space consisting of an
entry/mud room measuring 4.9 feet by 9.6 feet and a bedroom measuring 9,6 feet by 9.6 feet and the addition of
new front porch measuring 11.5 feet by 25.1 feet, and the expansion of second floor living space'over the existing
front porch measuring 9 feet by 21 feet to accommodate an expanded bedroom suite with full bath. Furthermore,the
applicant proposes to expand the second floor of the house, over the existing south porch, to create a bedroom
measuring 8.7 feet by 10.5 feet and a bathroom measuring 83 feet by 6.3 feet.. The applicant proposes no further
increase in the non-conformity with regards to the existing setbacks. Lot coverage, however,will increase by 297'
square feet,or 2.8%.
AMENDED APPLICAii't(m N: During the hearing,the applicant was asked to bring the plan into more conformity
with the code. The applicant on November 14,2022 submitted a plan dated November 9,2022 changing the location
of the proposed second story addition to the south porch to the north side of the house. In so doing the applicant
brought the proposed alterations and additions into less non conformity with the code by increasing the side yard.
setbacks to 7.1 feet and. 4.25 feet, respectively, and enabling the applicant to further distance the proposed second
story expansion over an existing porch,from an immediate neighbor's residence.
ADD1T14NAL IN1 QB)4ATICN: While the survey illustrates a lot size of 9,148 square feet(.21 acre),the site plan,
based upon the surveyor dimensions illustrates a lot size of 8,631 square feet(.2 acre) it is unknown where the error
lies. For purpose of this application,the architect has calculated lot coverage based upon the site plan.
In addition to the requested alterations and additions to the house,the applicant proposes to slightly raise the structure
to accommodate a new foundation (including a crawl space as illustrated in the foundation plan) and to make the
structure FEMA compliant. The applicant proposes to raise the structure 2 feet above base flood elevation.
An immediate neighbor to the south communicated with the 'Board prior to the public hearing expressing concern
over the requested relief and additionally voiced opposition to the second-floor addition (expansion over the south
porch)as it would impact their view of West Harbor and would negatively impact their privacy. As a result of the
neighbor's concern, during the public hearing the applicant offered to amend their application and to relocate the
Page 3,November 17,2022
#7702,Siegelson
SCTM No. 1000-10-3-10
proposed addition over the north porch, maintaining the saute setbacks as previously existing with no further
expansion or encroachment into the pre-existing non-conforming side yard and combined side yard setbacks.
On November 14,2022,the neighbor submitted a letter of support for the amended application which avoids impacts
to her adjacent property.
The applicant informed the Board that the existing house was built around the turn of the 20th century and has been
consistently used as a summer residence without the benefit of heat or central air conditioning and that the house,
while maintained, has not been updated to current living standards.
The subject parcel is covered by the following Certificates of Occupancy:
e #Z-22969 - dated April 28, 1994,a one family seasonal residence and accessory seasonal cottage.
o #Z-25355 -dated November 12, 1997, alterations and new window installation.
The applicant stated that as part of the proposed alterations and additions they will install a new Suffolk County
Board of Health approved Innovative and Alternative Wastewater Treatment System.
No additional member of the public or immediate neighbor spoke in favor of or against this application.
FINDINGS Ole..EACTI_REASONS..FOR BBOAM ACTION;.
The Zoning Board of Appeals held a public hearing on this application on November 3,2022 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 finds the fallowing facts to be true and
relevant and makes the following findings:
1. Town'Law "2+67-b 3' b T . Grant of the variances as amended will not produce an undesirable change in the
character of the neighborhood or a detriment to nearby properties. The Peninsula Road waterfront neighborhood on
Fishers Island consists of older,homes primarily developed prior to zoning and is accessed via a narrow dirt lane.
The lots are irregular in shape and do not conform to the list size requirements of the R.40 zoning district. The lags
are developed with a variety of housing styles and sizes,many of which have been updated and expanded in recent
years. The island is a resort community within the Town of Southold and most developed properties have one form
or another of inconsistency of the current zoning code. The proposed alterations to the subject parcel will not be
discernable from the roadway as there is a garage structure which was converted to a seasonal cottage blocking the
front yard view of the residence. Furthermore,the proposed alterations and additions will not be discernable as the
property is well landscaped and screened from neighbors, however, on the waterside, which is most visible to boat
traffic to and from the island,the proposed additions and alterations will not be easily recognized as the architectural
design of the expanded home will be in harmony with the structure,as it was originally built over a century ago.
2. " "own 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. The existing residence was built long before zoning was
established in New York State and the Town of Southold. The existing residence as built has non-conforming
setbacks and excessive lot coverage with the result that any addition or alteration will require Board relief.
3. Town Lavt 267-1a 3 b 3 . The variances granted herein are mathematically substantial,representing 60%relief
from the code for a single side yard setback of 4 feet, 40% relief from the code for a single side yard setback of 6
feet,60%relief from the code for a combined side yard setback of 10 feet, 11.5%relief from the code for a rear yard
setback of 31 feet and 10.7%,,relief from the code for excessive lot coverage. However,the structure is pre-existing
and has stood for over 100 years in its present location and while the applicant proposes a modest expansion of the
Page 4,November 17,2022
#7702,Siegelson
SCTM No. 1000-10-3-10
residence,including a new front porch for a total of 297 square feet,no further expansion of the residence is proposed,
encroaching upon the existing setbacks.
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.
5. Town,Law 267-b 3 b S . 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 had 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.Town.Law§267-b. Grant of the requested relief, as amended, is the minimum action necessary and adequate to
enable the applicant to enjoy the benefit of additions and alterations to the pre-existing house,including the expansion
of the waterside screened in porch by 8.5 feet.by 9 feet in the existing structure(final screened in porch size to be 8.5
feet by 24 feet),the conversion of an existing front porch to living space consisting of an entry/mud room measuring
4.9 feet by 9.6 feet and a bedroom measuring 9.6 feet by 9.6 feet and the addition of a new front porch measuring
11.5 feet by 25.1 feet,and the expansion of second floor living space over the existing front porch measuring 9 feet
by 21 feet to accommodate an expanded bedroom,suite with full bath and expansion.of the second floor of the house,
over the existing north porch,to create bedroom measuring 8.7 feet by 10.5 feet and a bathroom measuring 8.7 feet
by 6.3 feet while preserving and protecting the character of the neighborhood and the health„ safety and welfare of
the community.
,E$0L1.ITI0N OF TI E BQA_ 1:In considering all of the above factors and applying the balancing test under New
York Town Law 267-B, motion was offered by Member Planamento, seconded by Member Acampora, and duly
carried,to
GRANT the variances as AMENDED and shown on the Site Plan and Architectural Drawings labeled page 1-13
prepared by Sam Fitzgerald,Architect,and dated November 9,2022.
SIJBdECT TO TIDE FOLLOWING CO1 :C►ITIONS;
1. The applicant shall apply for and receive Suffolk County Board of flealth approval for the installation of a
new, Innovative Advanced (I/A OWTS) system suitable for the proposed single-family residence and
detached seasonal cottage.
This approval shall not be deemed effective until the required conditions have been met.At the discretion of
the Board of Appealsfailure to comply with the above conditions may render this decision null and
void
That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued
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.
Any deviation ftorn the survey, site plan andlor architectural drawings cited in this decision will result in delays
and/or a possible denial by the Building Department ra,f'a building permit, and may require a new application and
public hearing before the Zoning Board of Appeals.
Any deviation f om the variance(s),granted herein as shown on the architectural drawings, site plan andlor 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 an current or future'use,setback
Page 5,November 17,2022
#7702,Siegelson
SCTM No. 1000-10-3-10
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.
IMPOIITA iT TIME LM. TS ON TIIIS APPROVAL
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. IT IS TILE PROPERTY OWNER'S RE,SPOT SIBILITY TO ENSURE
COMPLIANCE WITH THE CODE REQUIRED UIRED TIME FRAME DESCRIBED HEREIN.Failure
to comply in a timely manner may result in the denial by the Building Department of a Certificate
of Occupancy,nullify the approved variance relief,and require a new variance application with
public hearing before the Board of Appeals
Vote of the Board: Ayes: Members Weisman(Chairperson), Dantes,Acampora, Planamento and Lehnert. (5-0)
she lcs Weis°m,an, Chairperson
Approved for filing / 2� /2022
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Division of Environmental Permits,Region 1
SUNY @ Stony Brook,50 Circle Road,Stony Brook,NY 11790
P:(631)444-03651 F:(631)444-0360
www.dec.ny.gov
LETTER OF NO JURISDICTION -TIDAL WETLANDS ACT
August 5, 2024
Lee Siegelson
315 East 68th St., PHBCK
New York, NY 10065
Re: Application #1-4738-05012/00001
Siegelson Property: 2046 Peninsula Road
SCTM# 1000-10-3-10
Dear Lee Siegelson:
Based on the information you submitted, the Department of Environmental Conservation
has determined that the portion of the property located landward of the 10' elevation contour
which is landward of the "top of slope", as shown on the survey prepared by CHA, last
revised 6/9/2023 is beyond the jurisdiction of the Article 25 Tidal Wetlands Act. Therefore,
in accordance with the current Tidal Wetlands Land Use Regulations (6NYCRR Part 661),
no permit is required to conduct regulated activities landward of that contour.
Be advised, no construction, sedimentation, or disturbance of any kind may take place
seaward of the tidal wetlands jurisdictional boundary, as indicated above, without a permit.
It is your responsibility to ensure that all precautions are taken to prevent any sedimentation
or disturbance within Article 25 jurisdiction which may result from your project. Such
precautions may include maintaining adequate work area between the jurisdictional
boundary and your project (i.e. a 15' wide construction area) or erecting a temporary fence,
barrier, or hay bale berm.
This letter shall remain valid unless site conditions change.
There are no fees associated with jurisdictional determinations. Therefore, the $100 check
submitted with your application has been voided and destroyed.
Please note that this letter does not relieve you of the responsibility of obtaining any
necessary permits or approvals from other agencies or local municipalities.
Sincerely,
19
Elsa Scott.
Permit Administrator
cc: S. Fitzgerald
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INLET ADAPTOR (700 GPD CAPACITY - MAXIMUM 6 BEDROOMS) APPROVAL
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REWIRED SEPARATION DISTANCE(S) TO RESIDENCE
TO BE DETERMINED BASED ON TALK CAPACITY
OUTDOOR SHOWER TO DRAIN TO GRADE
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PROVIDE SYSTEM CONTROLS do ALARM
MOUNTED TO BUILDING EXTERIOR
PROVIDE WEATHER PROOF ENCLOSURES
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PROVIDE FUJIMAC 60RII BLOWER IN VENTED
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PROVIDE SCH 40 PVC AIR LINE TO BLOWER