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HomeMy WebLinkAbout5846 1 0- }} UVC SMITH,FINKELSTEIN,LUNDBERG,ISLER AND YAKABOSKI,LLP �1p ATTORNEYS AND COUNSELORS AT LAW 456 GRIFFING AVENUE,CORNER OF LINCOLN STREET RIVERIiEAD,N.Y.11901-0203 FRANK A.ISLER (031)727-4100 HOWARD M.FINKELSTEIN SUSAN ROGERS GRUN FAX(631)727-4130 RETIRED GADS G.BETTS JEANMARIE GUNDERSON PIERRE G.LUNDBERG PHIL SIEGEL RETIRED CHRISTINE.HARRIS Direct E-Mail: fisler@sffiy.com FRANCIS J.YAKABOSKI JONATHAN M.MARMO OF COUNSEL April 23, 2010 REGINALD C.SMITH 1926-1983 RECEIVED Leslie Kanes Weisman Chairman of the Zoning Board of Appeals APR 2 6 2010 53095 Main Road P.O. Box 1179 BOARD OF APPEALS Southold,New York 11971 Re: Nicholas Aliano v. Southold Zoning Board of Appeals Suffolk County Index No. 06-23694 Appellate Division No. 2009-02136 Dear Chairperson: We are pleased to enclose the Appellate Division's decision affirming the decision of the lower Court which sustained the Zoning Board's denial of an area variance to Mr. Aliano and his claim that he had vested rights to a building permit. On a personal note, I know that Ruth felt very strongly about this case and I am gratified that the Appellate Court sustained her determination and that of the other Board members. Very truly yours, _ Frank A. Isler FAIL Enclosure cc: Martin Finnegan, Esq.—w/encl. Dictated but not read Matter of Aliano v Oliva(2010 NY Slip Op 03314) - Page 1 of 6 Y Matter of Aliano v Oliva 2010 NY Slip Op 03314 Decided on April 20, 2010 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports. Decided on April 20, 2010 SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT A. GAIL PRUDENTI, P.J. WILLIAM F. MASTRO ANITA R. FLORIO LEONARD B. AUSTIN, JJ. 2009-02136 (Index No. 23694/06) [*1]In the Matter of Nicholas Aliano, appellant, v Ruth D. Oliva, etc., et al., respondents. Scheyer& Jellenik, Nesconset, N.Y. (Richard I. Scheyer of counsel), for appellant. Smith, Finkelstein, Lundberg, Isler& Yakaboski, LLP, Riverhead,N.Y. (Frank A. Isler of counsel), for respondents. DECISION & ORDER In a proceeding pursuant to CPLR article 78, inter alia, to review a determination of the http://www.nycourts.gov/reporter/3dseries/2010/2010_03314.htm 4/22/2010 Matter of Aliano v Oliva(2010 NY Slip Op 03314) Page 2 of 6 1(-9 Director of Code Enforcement of the Town of Southold dated January 6, 2006, confirming a stop work order issued in connection with construction on the petitioner's property, and a determination of Zoning Board of Appeals of the Town of Southold dated August 31, 2006, denying the petitioner's application for an area variance, the petitioner appeals from a judgment of the Supreme Court, Suffolk County (Whelan, J.), entered February 10, 2009, which, upon an order of the same court dated June 10, 2007, granting those branches of the respondents' motion which were pursuant to CPLR 3211(a) and 7804(f) to dismiss, for failure to state a cause of action and because the petitioner failed to exhaust available administrative remedies, those branches of the amended petition which were to annul the determination dated January 6, 2006, to annul the determination dated August 31, 2006, on the grounds that it deprived the petitioner of vested rights, deprived him of property in the absence of due process, and constituted an unconstitutional taking of private property for a public purpose without just compensation, to compel the reinstatement of a building permit, and to enjoin the respondents from interfering with the construction work and, in effect, denying that branch of the petition which was to annul the determination dated August 31, 2006, on the ground that it was arbitrary and capricious, and upon an order of the same court dated December 16, 2008, denying those branches of the petition alleging violations of Town Law § 267 and the Open Meetings Law (Public Officers Law art 7), is in favor of the respondents and against him dismissing the proceeding. ORDERED that the judgment is affirmed, with costs. On November 4, 2005, the petitioner obtained a building permit from the Town of Southold to construct a one-story house with a 42-foot setback on a bluff overlooking the Long Island Sound (hereinafter the permit). The Town's Director of Code Enforcement issued an oral stop work order on January 5, 2006, and confirmed that determination in writing on January 6, 2006, after finding that the permit was mistakenly issued in violation of the local zoning ordinance, which requires a 100-foot setback from the edge of the bluff. The petitioner applied to the Zoning Board of Appeals of the Town of Southold (hereinafter the ZBA) in February 2006 for an area variance permitting him to resume construction with a reduced setback. After a series of hearings which commenced in March 2006, and upon the ZBA's receipt of additional written submissions, the ZBA denied the application for the area variance in a determination [*2]dated August 31, 2006. http://www.nycourts.gov/reporter/3dseries/2010/2010_03314.htm 4/22/2010 Matter of Aliano v Oliva(2010 NY Slip Op 03314) Page 3 of 6 � w The petitioner commenced this CPLR article 78 proceeding against the ZBA, its members, and the Town (hereinafter collectively the respondents) on September 5, 2006. In an amended petition, the petitioner sought, inter alia, to annul the determination dated January 6, 2006, confirming the stop work order, to compel the ZBA to grant the application for an area variance, to annul the ZBA's determination denying the area variance on the grounds that the determination was arbitrary and capricious, that the ZBA and the Town violated the procedural requirements of Town Law § 267 and the Open Meetings Law (Public Officers Law art 7) in denying the variance application, and that the ZBA and other Town officers officially adopted and promulgated a policy effecting the deprivation of his constitutional rights. The respondents moved to dismiss the amended petition on the grounds, inter alia, that the petitioner failed to exhaust his administrative remedies and that the amended petition failed to state a cause of action. In an order dated June 10, 2007, the Supreme Court granted those branches of the respondents' motion which were pursuant to CPLR 3211(a) and 7804(f) to dismiss, for failure to state a cause of action and because the petitioner failed to exhaust available administrative remedies, those branches of the amended petition which were to annul the determination dated January 6, 2006, to annul the determination dated August 31, 2006, on the grounds that it deprived the petitioner of vested rights, deprived him of property in the absence of due process, and constituted an unconstitutional taking of private property for a public purpose without just compensation, to compel the reinstatement of a building permit, and to enjoin the respondents from interfering with the construction work. The Supreme Court, in effect, denied that branch of the amended petition which was to annul the determination dated August 31, 2006, on the ground that it was arbitrary and capricious. The Supreme Court denied those branches of the respondents' motion which were to dismiss those branches of the amended petition alleging violations of Town Law § 267 and the Open Meetings Law. After the respondents answered the remaining branches of the amended petition, the Supreme Court, in an order dated December 16, 2008, denied those branches of the amended petition which alleged violations of Town Law § 267 and the Open Meetings Law. On February 10, 2009, the Supreme Court entered a judgment which, upon the orders dated June 10, 2007, and December 16, 2008, was in favor of the respondents and against the petitioner dismissing the proceeding. We affirm the judgment. http://www.nycourts.gov/reporter/3dseries/2010/2010_03314.htm 4/22/2010 Matter of Aliano v Oliva(2010 NY Slip Op 03314) Page 4 of 6 40 "It is hornbook law that one who objects to the act of an administrative agency must exhaust available administrative remedies before being permitted to litigate in a court of law" (Watergate II Apts. v Buffalo Sewer Auth., 46 NY2d 52, 57; see Matter of Goldberg v Incorporated Vil. of Roslyn Estates, 61 AD3d 756; Matter of Lucas v Village of Mamaroneck, 57 AD3d 786). In the case at bar, the petitioner was required to appeal the issuance of the stop work order to the ZBA within 60 days after the filing of the stop work order on January 6, 2006 (see Town Law § 267-a[4], [5][b]; Code of Town of Southold § 280-146.A; § 280-153). However, although the petitioner applied for a variance in February 2006 (see Code of Town of Southold § 280-146.B), the record is devoid of any evidence that he appealed the stop work order at any time after it was issued. Consequently, the Supreme Court properly determined that the petitioner failed to exhaust his administrative remedies with respect to his challenge to the stop work order, which extinguished his right to judicial review of that determination (see CPLR 7801; see Matter of Goldberg v Incorporated Vil. of Roslyn Estates, 61 AD3d 756; Matter of Lucas v Village of Mamaroneck, 57 AD3d 786). Accordingly, the Supreme Court correctly granted that branch of the respondents' motion which was to dismiss, for failure to exhaust administrative remedies, that branch of the petition as sought to annul the stop work order. The Supreme Court properly granted those branches of the respondents' motion which were to dismiss those branches of the amended petition alleging a deprivation of vested and constitutional rights, and seeking related injunctive relief, since the allegations contained in those branches of the amended petition, even if true, do not state a cause of action (see generally Bower Assocs. v Town of Pleasant Valley, 2 NY3d 617; cf. Town of Orangetown v Magee, 88 NY2d 41). The petitioner's failure to exhaust administrative remedies in connection with his judicial [*3]challenge to the stop work order does not foreclose judicial review of his separate challenge to the ZBA's denial of his application for an area variance since those challenges involve different, and possibly inconsistent, remedies (see generally Matter of Level 3 Communications, LLC v DeBellis,AD3d, 2010 NY Slip Op 00517, *7 [2d Dept 2010]; Town of Orangetown v Magee, 88 NY2d 41; compare Code of Town of Southold § 280-146.A with Code of Town of Southold § 280-146.B) . Specifically, the petitioner's application for an area variance constitutes an implicit concession that his construction activities were not in compliance with the applicable provisions of the zoning code, and that there was a rational basis for the issuance of the stop work order on the ground of http://www.nycourts.gov/reporter/3dseries/2010/2010_03314.htm 4/22/2010 Matter of Aliano v Oliva(2010 NY Slip Op 03314) Page 5 of 6 ,/�de noncompliance with the zoning code. With respect to the merits of the petitioner's challenge to the ZBA's denial of his application for an area variance, local zoning boards have broad discretion in considering applications for variances, and judicial review is limited to determining whether the action taken by the board was illegal, arbitrary, or an abuse of discretion (see Matter of Pecoraro v Board of Appeals of Town of Hempstead, 2 NY3d 608, 613; Matter ofIfrah v Utschig, 98 NY2d 304, 308;Matter of Gallo v Rosell, 52 AD3d 514, 515). Thus, the determination of a zoning board should be sustained upon judicial review if it is not illegal, has a rational basis, and is not arbitrary and capricious (see Matter of Sasso v Osgood, 86 NY2d 374, 384; Matter of Roberts v Wright, 70 AD3d 1041; Matter of Gallo v Rosell, 52 AD3d at 515). In determining whether to grant an application for an area variance, a town's zoning board is required to engage in a balancing test weighing the benefit to the applicant against the detriment to the health, safety, and welfare of the neighborhood or community if the variance is granted (see Town Law § 267-b[3]; see also Matter of Roberts v Wright, 70 AD3d 1041; cf. Matter of Tsunis v Zoning Bd. of Appeals of Inc. Vil. ofPoquott, 59 AD3d 726, 727; Matter of Gallo v Rosell, 52 AD3d at 515). The zoning board must also consider whether: (1) an undesirable change will be produced in the character of the neighborhood, or a detriment to nearby properties will be created by the granting of the area variance, (2) the benefit sought by the applicant can be achieved by some other method, other than an area variance, feasible for the applicant to pursue, (3) the required area variance is substantial, (4) the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district, and(5)the alleged difficulty was self-created (see Town Law § 267-b[3][b]; see also Matter of Roberts v Wright, 70 AD3d 1041;Matter of Gallo v Rosell, 52 AD3d at 515). Here, the ZBA's determination to deny the petitioner's application for an area variance was not illegal, had a rational basis, and was not arbitrary and capricious, since the ZBA properly considered the relevant statutory factors, and rationally concluded, based on the evidence in the record, that the variance sought was substantial and self-created, and that the granting of the requested area variance would have an undue adverse impact on the physical and environmental conditions of the relevant neighborhood and produce an undesirable change in the character of the neighborhood(see generally Matter of Pecoraro v Board of Appeals of Town of Hempstead, 2 NY3d 608). Accordingly, the Supreme Court properly, in effect, denied that branch of the amended petition which was to annul the ZBA's http://www.nycourts.gov/reporter/3dseries/2010/2010_03314.htm 4/22/2010 Matter of Aliano v Oliva(2010 NY Slip Op 03314) Page 6 of 6 `((e • determination on the ground that it was arbitrary and capricious (see CPLR 7803[3]). Furthermore, even if the ZBA violated the Open Meetings Law when it denied the petitioner's variance application on August 31, 2006, that determination was made after a series of public meetings, and also after June 8, 2006, the agreed-upon date by which the petitioner and other interested persons were permitted to submit additional information for the ZBA's consideration. Accordingly, the circumstances are not sufficient to warrant the annulment of the ZBA's determination on the ground that the ZBA's determination was made in violation of lawful procedure or was affected by an error of law by virtue of a violation of the Open Meetings Law (see Public Officers Law § 107[1]; Matter of Cipriano v Board of Zoning Appeals of City of Glen Cove, 203 AD2d 362; cf Matter of Wilson v Board ofEduc. Harborfields Cent. School Dist., 65 AD3d 1158, lv denied 13 NY3d 714;Matter of Halperin v City of New Rochelle, 24 AD3d 768, 777). The petitioner's remaining contentions are without merit. PRUDENTI, P.J., MASTRO, FLORIO and AUSTIN, JJ., concur. [*4] ENTER: James Edward Pelzer Clerk of the Court http://www.nycourts.gov/reporter/3dseries/2010/2010_03314.htm 4/22/2010 73 off\ (� n L 3705 c. 1>on ?0 b \ t'fCXi04tix /'b! 'JAI/06 — ,us 3/A56 b CJ ori tk 62...teeLit...4 1) `Pu )7..c,a, al ,4.-O. 0 ic. i• 10 P i'h. r{; .,:, - 7 )71..a.,1-CAN "' O cis---6 6 ‘4) E'4A,' kV, `; ,,, _„cu,(-726 i.,,*. c /el:/140. .e2,904,-, io-e-,_ ete-p-es'i ..e_i2i ,(a_y/),,,,,--. - ' . ,, • ;,,,if,; ,i,,; >1 -g.-P u�r.� es r� y,,,, la ai .zd__b b 4 ak V -'73 r, i; nS" -'F� y.f'w� -�'TTS s �s=� Y"- t e, "n;kit , �.� -r;:,1-7-,,,s: � T.5.# .1..,,,, „:!_ '0).”' ( ,ip5f 0.2.__ it..., . l al, S 2-06 4 C ,'t,,„;.. a ;'r' ai wx ' fR" io ;.a ;:k A,, . , },' r, APPEALS BOARD MEMBERS �� SO(j :Mailing Address: Ruth D. Oliva, Chairwoman , o• �F sout g ��(44 ypl ' Southold Town Hall -53095 Main Road•P.O. Box 1179 Gerard P. Goehringer * * Southold,NY 11971-0959 James Dinizio,Jr. =r G 0.0 �� Office Location: Michael A. Simon �`'-(4- ? 0 Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman =l'1OO ��� o'� 54375 Main Road(at Youngs Avenue) "''. Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS RECEIVED TOWN OF SOUTHOLD I I Tel. (631)765-1809•Fax(631) 765-9064 , 2 06 1%-)oc M, S E . - / 1C7 -eAgaio. FINDINGS,DELIBERATIONS AND DETERMINATION Southo d Town Clod MEETING OF AUGUST 31, 2006 ZB File No.5846-Nicholas Aliano Property Location: 3705 Duck Pond Road and Glen Court, Cutchogue CTM 83-1-12 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 and thus requires no additional steps under SEQRA. PROPERTY FACTS/DESCRIPTION: The applicant's parcel (CTM 1000-83-01-12) consists of 34,324 square feet and is shown as Lot 5 on the Map of Vista Bluff filed March 15, 1968 in the Office of the Suffolk County Clerk, and the adjacent Park& Playground Lot (CTM 1000-83-01-11) consists of 6,474 square feet. The linear footage along a tie line of the high water mark of the Long Island Sound, including the Park Playground premises, is 222 feet wide, and the easterly side of the premises has 150 linear feet along the west side of Duck Pond Road. The applicant's survey with topographical information taken prior to January 2006, maps the upland to be of approximately -/+8000 square feet, showing varying contours (105 and 119 linear feet in depth measured from the surveyor's top of the bluff line/64 ft. contour above mean sea level (MSL) to the southerly property line). To the north is the Long Island Sound with adjacent steep bluffs and beach areas. To the south is applicant's Lot 6 which contains a very steeply sloping bluff, improved with a new dwelling - also of the applicant. To the west is Lot 4, improved with a dwelling and a 45 ft. wide frontage along a town street(Glen Court). To the east is a town street(Duck Pond Road). From the westerly lot line adjacent to Glen Court, to the lot line adjacent to Duck Pond Road, the scale on the applicant's survey maps the property with an approximately 170 feet wide upland area at the top of the bluff. The entire premises consists of only 8000 square feet on top of the bluff, and 26,234 square feet of steep slopes. These slopes are not gradual slopes, ranging from 8 feet elevation above MSL at the base (north side of bluff adjacent to beach area) to 68 feet at the highest existing land contour, over a short horizontal distance. The applicant's surveyor has shown a line to indicate a bluff boundary somewhat parallel to the high water mark of the sound with the line including variable elevations from the lowest point at 8 ft. above MSL on the easterly point to 68 feet at the highest elevation above MSL. At the time of construction activities, a major portion of the area at the highest elevations (landward of the 64 ft. contour) was excavated by the applicant for the footings of a foundation for a house size 20 ft. wide at the north side and widening to 30 feet at the south side, and 44 feet in depth. Activities were also ) Page 2—August 31,2006 Confidel, Work ,opy ZB File No. 5846—Nicholas Aliano CTM No. 83-1-12 commenced to excavate for the new retaining wall structures (tiered down the bluff on the east sides), which are attempting to prevent slope failure. The eastern retaining wall concrete footing is seven feet seaward of the coastal erosion hazard line. In viewing the upland areas from Glen Court and viewing/walking the bluff top and adjacent areas, the foundation footings are built into the original bluff slope, rather than with a setback of 42 feet from the actual top or highest elevation of the original bluff(top of bluff)line. New retaining wall structures and footings are about seven (7) feet below the highest or top elevation at the easterly side. The topographical information shown on the applicant's survey does not accurately show the altered contours,before land disturbance, excavation and re-grading. The land wraps around from the north in almost a full circle to a point near Glen Court and these areas, as shown on the applicant's map,are not in its original, natural state. BASIS OF APPLICATION: Building Department's Notices of Disapproval dated January 5, 2006, amended January 13, 2006, citing Sections 100-239.4A(1) and 100-244,in its denial of an application for a building permit to construct a new single family dwelling. The reasons stated by the Building Inspector in the denials are: (a) that all buildings located on lots adjacent to sounds and upon which there exists a bluff or bank landward of the shore or beach shall be set back not fewer than 100 feet from the top of such bluff or bank, and b)that a minimum front yard setback of 40 feet is required. CHAPTER 280 (formerly Chapter 100)-ZONING CODE PROVISIONS: Article XXIII Section 100-239.4A, which states: "All buildings located on lots adjacent to sounds and upon which there exists a bluff or bank landward of the shore or beach shall be set back not fewer than one hundred(100)feet from the top of such bluff or bank" Article XXIV, Section 100-244,which states that a principal building shall have a minimum front yard at 40 feet, for lots containing less than 39,999 square feet. CHAPTER 95 - LOCAL WATERFRONT REVITALIZATION PROGRAM or LWRP PROVISIONS: The application has been reviewed under Chapter 95, and a Letter of Inconsistency Determination/Recommendation was issued on February 28,2006, revised March 3,2006. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on March 2, 2006, March 30, 2006, and April 27, 2007, at which time written and oral evidence were presented, and written submissions extended through June 7, 2006 for all documentation, and additional extension through September 6, 2006. 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 VARIANCES REQUESTED: The applicant proposes a single-family dwelling, two wood retaining walls with concrete footings, proposed driveway, well facility, sanitary/septic system facility, drywell and landscaping, within 100 feet from the top of bluff line adjacent to the Long Island Sound. The dwelling initially was proposed of a size 34.7 ft. wide x 44.4 ft. deep, set back 42 feet to the existing footing and -1+40 feet at the closest measurement at the north/east corner of the proposed dwelling, and ,/ Page 3—August 31,2006 Confide( }Work Cipy ; ZB File No. 5846—Nicholas Aliano' CTM No. 83-1-12 44 feet to the edge of the retaining walls, shown on the January 18, 2006 survey and measured by the surveyor from the top of the bluff. The following survey site maps were submitted by applicant for consideration: a) survey revised January 18, 2006, proposing building setbacks to the northern top of the Sound bluff line, 40.8 ft. front setback from the westerly property line (adjacent to Glen Court), 16.2 feet from the southerly lot line (adjacent to other property of the applicant). The size of the new dwelling is shown to be 34.7 ft. wide x 44.4 ft. deep building. The new footings for the residence is shown 40 feet and 42 feet from the surveyor's delineation for a "bluff line", and only 33 feet from eastern retaining wall structure. The dwelling's sanitary system is proposed to be built below the highest land elevation and into the eastern slope of the bluff. b) survey revised February 14, 2006, with building setbacks to be 50 feet from the northern top of the Sound bluff line, 30.3 feet to the westerly lot line, 15.3 feet from the southerly lot line. The size of the new dwelling was revised to be 45 ft. wide by 35.5 ft. deep. The dwelling's sanitary system is proposed to be built below the highest land elevation and into the eastern slope of the bluff. c) survey revised March 27, 2006 to show contour changes in the area of the newly constructed footings at 44 feet to the top of the Sound bluff(with the same proposed building, sanitary system and related facilities as shown on February 14, 2006 survey). BUILDING PERMIT ERROR: A Stop Work Order was issued by the Building Department regarding Building Permit # 31581-Z issued 11-04-2005, after the Building Department learned of the error in locating the proposed dwelling and related activities at less than 100 feet from the top of the bluff. OTHER AGENCY DETERMINATIONS: The applicant has submitted information to show the following agency determinations related to this property: (a) Authorization issued December 28, 2004 - New York State Department of Environmental Conservation Tidal Wetland Permit # 1-4738-03391/0001. The Metzger survey dated 1/13/04, revised 7/19/04 approved by the DEC shows the northwest corner of the residence at 48' from the top of bluff line and the retaining wall 27' from the top of bluff line. (b) Authorization issued April 20,2005; Town of Southold Board of Trustees#6113. (c) Letter of Inconsistency with Policy Standards under Chapter 95,Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP)Policy Standards dated February 28,2006 and revised March 3,2006. (d) Opinion issued by the State of New York Department of State,Resource Management Bureau,Division of Coastal Resources indicating rate of bluff recession. ADDITIONAL PROPERTY FACTS: The property has been mostly cleared of vegetation, including areas seaward of the Coastal Erosion Hazard Line. Prior to construction, no clearing limits were established to mitigate and/or stabilize slopes or preserve indigenous vegetation to "the extent practical". Foundation footings were placed after excavating more than 12 feet into the ground of the Page 4—August 31,2006 Confided Work c Ny ZB File No. 5846—Nicholas Aliano CTM No. 83-1-12 hill side (bluff) at the highest elevations above mean sea level (MSL). Aerial photos (attached) indicate that the bluff/cliff on the property is unstable and erosive. REASONS FOR BOARD ACTION: Information in the January 24, 2006 report authored by William L. Jaeger,P.E.,L.S indicated the bluff is currently unstable with no toe control and some vegetated overburden, and the current bluff instability is unrelated to the construction of the foundation..." No evaluation of the clearing of the moderate to severe slopes in relation to bluff/cliff/slopes instability and erosion was made in support of applicant's claims. In addition,the Jaeger report does not address the potential instability of the area down slope of the eastern retaining wall which consists of severe slopes cleared of vegetation. The effectiveness and success of the planting plan dated January 26, 2006 has been submitted by the Cramer Consulting Group cannot be assessed without knowing the percent slope post construction grading and the erosion control methods (if any)that will be employed at the bluff areas. Adverse changes to the Long Island Sound and adjacent areas would result from impairment of ecological quality, as indicated by degradation of ecological components. Degradation occurs as an adverse change in ecological quality, either as a direct loss originating within the resource area or as an indirect loss originating from nearby activities. Degradation can also occur over a more extended period of time and may be indicated by increased siltation, changes in natural community composition, or evidence of pollution. A re-vegetation plan proposing high density plantings of indigenous drought tolerant plant species on all slopes greater than 15% to provide more effective slope stabilization and minimize fertilization and irrigation requirements is a method that should be used for any activity whatsoever, with construction after the areas have become stabilized and certified as such, before further excavating or building activities take place. Additional or further activities related to the new dwelling (including equipment, further excavating activities for a sanitary system, in-ground drywells,well hook-ups, underground electric and plumbing, and other related land disturbances)will result in a physical loss of the hillside ecosystem. The ability to reduce adverse impact of development is limited due to the fact that clearing and grading has already occurred on site, even while the applicant tried to mitigate some impacts through the placement of hay bales and silt fencing during construction. Also, septic systems shall not be located in an area with slopes greater than 15% or less than 65 feet from bluffs (ref Suffolk County Sanitary Code). The property contains very steep hillside slopes greater than 15% on three sides (north, east and south), and the septic system is proposed to be built and excavated into the side of the bluff. After excavating 10 or more feet into the bluff for installation of a septic system, at least 10 feet of fill would be needed for the entire excavated area (ref Thackoor (George)Mootoo,P.E. report dated 5/22/2006). Substantial cutting of the property took place, creating high walls for the footings of the foundation. The cutting was at the top of the bluff creating a very high wall (12 or more feet in height) on the west side of the foundation. Coastal Resources Division,New York State Department of State Evaluation Report by Fred J. Anders, Chief, Resource Management Bureau: In reply to the Town of Southold's request for geological technical opinion, a written evaluation was submitted to the Zoning Board of Appeals May 31, 2006. The Board adopts and incorporates the findings and opinions from this report. • 'Page 5—August 31,2006 Confide'. Mork G py ZB File No. 5846—Nicholas Aliano` CTM No. 83-1-12 The Board has visited the property and is aware of the coastal bluff at the applicant's property and recent bluff conditions and receding edges and other land changes. The parcel is bounded on the north by steep, loosely consolidated glacial outwash bluffs fronting Long Island Sound, and on the east by a steep, loosely consolidated glacial outwash bluff along Duck Pond Road. The remainder of the applicant's parcel at the top of the bluff is small. Steep bluffs composed of loosely consolidated materials are well documented hazards to construction because of their geological activity. They are subject to alternating periods of stability followed by storm induced rapid erosion and/or catastrophic failure. Rapid erosion results from water flow over the surface and failure results from groundwater action within the bluff materials. Erosion of bluffs results in their recession,thus exposing construction near the receding edge to high risk of damage. The steep bluffs on the north side of applicant's parcel are adjacent to Long Island Sound and are thus subject to erosion at their base due to storm waves. Failure of these bluffs occurs during storms when a combination of waves oversteepening the bluff toe and rain penetrating along the top and face of the bluff, causes the materials to fail and slide down to the beach. This natural process is essential to long term maintenance of the beach, replacing sand washed away by storms, but is detrimental to properties on the bluff. The Town of Southold administers Article 34 of the NYS Environmental Conservation Law, Coastal Erosion Hazard Areas,which requires that in areas of coastal erosion all structures be set back landward from a receding bluff edge. This protects the natural process of bluff failure that replenishes sand to beaches, thus protecting the beach, and protects life and property on or adjacent to the bluff. Beach and bluff recession rates are related and applying the beach erosion rate for this locality, the property building, set back 50 feet from the receding bluff edge,would have a theoretical maximum life of 62 years and a minimum life of about 14 years (ref. rate of erosion of approximately 0.8 feet per year between 1884-85 and 1998, but over the short term, erosion of more than 3.5 feet per year has been measured, and other geological data on Page 2). The risk of failure can be increased by drainage changes atop the bluff. In coastal and non-coastal bluffs, failure and erosion due to rain events is usually enhanced when natural conditions are altered. The presence of new impermeable surfaces and resultant concentration and alteration of drainage, changes in vegetation and soil structure, and septic system placement on a steep bluff have been responsible for accelerated bluff recession in the past at similar sites, and these same factors are important in this case and will likely increase the rate of bluff recession resulting in damage to the proposed building. Damage could also occur to neighboring properties. The facts and opinions contained in the Suffolk County Soil & Water evaluation reports and George Mootoo,P.E. reports have also been relied upon and accepted by the Board in making its determination. 1. For the above reasons, grant of the variance will produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. 2. While it appears that the benefit sought cannot be accomplished without a variance, the variance requested is too severe under the constraints of the property. Page 6—August 31,2006 Confide, Work ropy _ ZB File No. 5846—Nicholas Aliano - CTM No.83-1-12 3. The variances requested are substantial. The construction is proposed in an area that is substantially the top of a hill, or bluff, and the percentage of relief is at least 60% less than the code-required 100 ft. setback from the top of the bluff or hill for any construction. 4. The difficulty has been self-created when the applicant designed a plan that is not in conformity to the minimum setback restrictions of the Zoning Code. 5. Substantial evidence has been submitted establishing that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. Among other things, testimony was received from John Kalas that his family lived at their home on the west side for 18 years, and they have seen a fair amount of erosion through these years. After placement of a bulkhead at the Kalas property for toe protection along the bottom of the hill, the bluff eroded about two feet over that period of time. The applicant's property does not have toe protection or bulkheads at the north side of the hill, and the property is not adequately vegetated to prevent erosion. Instead of protection measures at the north side of the bluff and area adjacent to the Kalas property,the applicant excavated and installed retaining walls at the easterly side of the hill, and his southerly adjacent hillside where recent construction related to a new dwelling was completed. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, and based upon the detailed reports and testimony submitted to the Board, a motion was offered by Chairwoman Oliva, seconded by Member Simon, and duly carried, to DENY the variances applied for. Vote of the Board: Ayes: Members Oliva (Chairwoman), Goehringer, Simon and Weisman. Nay: Member Dinizio. This Resolution was duly adopted(4-1). * * * RUTH D. OLIVA, CHAIRWOMAN 9-1-06 Approved for Filing I I U 6 LL LI...I UJ• J Jr I I V U I C L P Ina UI 111+C UJ1 !UJ TUTJ r• 1 08/21/2006 35:53 631,7'73064 ( SBA r PAGE 01 1 r f ' '^- - i T atiGn Adkess. APPEALS BOARD MEMBERS y'rry� �i SOU" _ i Southotd'ZownTail Ruth D.Oliva,Chairwoman y, ,gyp �¢ 53095 Main Road a P.O.Box 1179 Gerard P.Craehrxngert * . 1 Southold.NY 119714)959 Jaynes Dinizio.Jr. '� u' r` Office location: Michael A.Simon ` ` ; , • ' �4,r Towyt Annex/FirstJFicror.North Fork Bank �,�Of r475 Main Road(at Youngs Avenue) Leslie Kanas Weisman `'� �UHi�I� ' Southold.NY 11971 http://southoldtown.northfork.net I. ZONING BOARD OF APPEALS TOWN OF SOUTX5OLD i Tet.(631)76S-1809 a Fax(63J)765-9064 1 u I August 1842006 1 Fix Transmission 765-4643 and Regular Mail 1 i 1 Patricia C.Moore,Esq. i 51020 Main Road 1 Southold,NY 11971 Re: ZBA File No. 5846—N. Atiano i i Dear Mrs. Moore: 1 As you know,the above appeal is before the Zoning Beard of Appeals,pending a determination,expected to be rendered by September 6,20064 Since the time frame for a decisionwill be beyond the 62-day period of New York Towr4 Law,we arc requesting an extension of time to render and issue a decision by September 5,2006. If an extension of time is granted,please sign at the lite below and return a copy to our office by fax(765-9064). i i Thank you. ' Sincerely yours, _ ' Ruth D.Oliva ....;','-'1::-"---1:-'' '..,.,./-41„ Chairwoman • ,+.,. Fa.6ricia C Moore,Esq. -Extension Approved. .7 1 1 9 ii AUG 2J1 2006 1 1 i • ,)t�APPEALS BOARD MEMBERS C �i� S06/4e; _ _1-Mailing Address: � Ruth D. Oliva,Chairwoman �� Q Southold Town Hall 53095 Main Road •P.O.Box 1179 \v) Gerard P. Goehringer sig Southold,NY 11971-0959 James Dinizio,Jr. Office Location: Michael A. Simon Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman = C�� �i�� 54375 Main Road(at Youngs Avenue) � , Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD GilGe412 Tel. (631)765-1809•Fax(631) 765-9064 4,..„41, /11.44-1 September 1, 2006 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: File No. 5846 —Variance Determination (Aliano Property) Dear Mrs. Moore: Enclosed please find a copy of the determination rendered by the Zoning Board of Appeals at its August 31, 2006 Meeting. A copy was also furnished to the Building Department for their update regarding issuance of the Notice of disapproval in the request for a building permit. Very truly yours, Linda Kowalski End. r Aug 21 06 03: 55p Moore Law Office 631765 4643 p. 1 08421/2006 15:53 631 & ZBA PAGE 01 er d Mu)liLig Addrem. APPEALS BOARD MEMBERS 011*.tf SONN Southold Town Ball Ruth D.Oliva,Chairwoman 4 o • ' 1Th 53095 Main Road.RO.Box 1179 Gerard P.Goehrineer 41 Southold.NY 11971-0959 James Dinizio,Jr • gffice Location: Michael A.Simon ••• 3 Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman - COMO,•'s 54375 Main Road(at Youngs Avenue) fit Southold.NY 11971 http://southolcitown.northfork.net ZONING B•ARD OF APPEALS TOWN OF SOUTIP IAD Tel.(631)765-1869.Fax(631)765-9064 August 18,2006 Fax Transmission 765-4643 and Regular Mail Patricia C.Moore,Esq. 51020 Main Road Southold,NY 11971 Re: ZBA File No. 5846—N. Aliano Dear Mrs.Moore: As you know,the above appeal is before the Zoning Board of Appeals,pending a determination,expected to be rendered by September 6,2006. Since the time frame for a decision will be beyond the 62-day period of New York Town Law,we arc requesting an extension of time to render and issue a decision by September 6,2006. Jf an extension of time is granted,please sign at the line below and return a copy to our office by fax(765-9064). Thank you. Sincerely yours, , Ruth D.Oliva 6/ Chairwoman I 4-- ieia C.Moore,Esq. -Extension Approved - AUG 21 2006 'ZONING 50P.PEd OF APPEALS ' SII ilii�� 5 APPEALS BOARD MEMBERS - ,i�' OF g0//45,- Mailing Address: Ruth D. Oliva,Chairwoman 0 4� 0 ' Southold Town Hall • lO 53095 Main Road-•P.O.Box 1179 Gerard P. Goehringer 4 * Southold,NY 11971-0959 James Dinizio,Jr. G Q % Office Location: Michael A. Simon 14` ��� Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman COUNT(�N. 54375 Main Road(at Youngs Avenue) :0° Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809•Fax(631)765-9064 August 18, 2006 Fax Transmission 765-4643 and Regular Mail Patricia C. Moore, Esq. 51020 Main Road Southold,NY 11971 Re: ZBA File No. 5846—N. Aliano Dear Mrs. Moore: As you know, the above appeal is before the Zoning Board of Appeals, pending a determination, expected to be rendered by September 6, 2006. Since the time frame for a decision will be beyond the 62-day period of New York Town Law, we are requesting an extension of time to render and issue a decision by September 6, 2006. If an extension of time is granted, please sign at the line below and return a copy to our office by fax (765-9064). Thank you. ri Sincerely yours, (nLiuct._,Ruth D. Oliva Chairwoman Patricia C. Moore, Esq. - Extension Approved ;:,, , ., '- ,,t, &frizt 0-efrm" '''' / SMITH,FINEELSTEIN,LUNDBERG,ISLER AND YAAHABOSKI,LLP 1� v ATTORNEYS AND COUNSELORS AT LAW 456 GRIFFING AVENUE, CORNER OF LINCOLN STREET P.O.BOX 389 RIVERIIEAD,N.Y.11901-0203 FRANK A.ISLER HOWARD H.FINRELSTEIN SUSAN ROGERS GRUN (631)727-4100 OF COUNSEL GAIR G.BETTS JEANMARIE GUNDERSON FAX(631)727-4130 PIERRE G.LUNDBERG PHIL SIEGEL RETIRED E-MAIL:sfliy@peconic.net FRANCIS J.YAKABOSKI OF COUNSEL 4- �=,k% �--�. July13, 2007 REGINALD G.SMITH 1926-1983 I JUI 1 6 2007 James Dinizio Chairman of the Zoning Board-of Appeals 53095 Main Road P.O. Box 1179 Southold, New York 11971 Re: Aliano v. Zoning Board of Appeals of the Town of Southold ' Index No. 06-23694 Dear Mr. Chairman: Enclosed please find the decision of the Supreme Court which granted our motion to dismiss that part of the above mentioned Article 78 proceeding that sought the reinstatement of the petitioner's building permit based on his claim of vested rights. The motion also was granted dismissing the petitioner's claims of constitutional deprivation. The case will not proceed on a review of the Zoning Board's denial of the area variance itself and compliance with the Open Meetings law. I will keep you advised. I y„,ry truly y / Frank A. Isler FAI/cd Enclosure4O , cc: Kieran orcoran, Esq. —w/encl. • SHORT FORM ORDER INDEX No. 06-23694 rnPV SUPREME COURT - STATE OF NEW YORK I.A.S. PART 33 - SUFFOLK COUNTY PRESENT: Hon. THOMAS F. WHELAN MOTION DATE 10/3/06 (#001) Justice of the Supreme Court MOTION DATE 12/20/06 (#002) ADJ. DATES 2/2/07 Mot. Seq.#001 - MotD Mot. Seq. # 002-Mot D X In the Matter of the Application of NICHOLAS SCHEYER&JELLENIK,ESQS. ALIANO, Attys. For Petitioner • 110 Lake Ave. So. Petitioner, : Nesconset,NY 11767 For an Order pursuant to Article 78 of the Civil SMITH,FINKELSTEIN,LUNDBERG Practice law and Rules Attys. For Respondents • 456 Griffing Ave. -against- • Riverhead,NY 11901 • RUTH D. OLIVA, Chairwoman, GERALD P. GOEHRINGER, JAMES DINIZIO,JR., • MICHAEL A. SIMON and LESLIE KANES • WEISMAN, constituting the ZONING BOARD . OF APPEALS OF THE TOWN OF SOUTHOLD : and the TOWN OF SOUTHOLD, • Respondents. : X Upon the following papers numbered 1 to 23 read on this amended Article 78 petition and motion to dismiss Amended Petition and supporting papers 1-6 : Notice of Motion/Order to Show Cause and supporting papers 7-10 ;Notice of Cross Motion and supporting papers ; Answering Affidavits and supporting papers ;Replying Affidavits and supporting papers 17-18: 19-21 Other Notice of Petition 11-16; Exhibits 22-23 ;(: .. .. . .. motion) it is, ORDERED that this amended petition(#001)for a judgment pursuant to CPLR Article 78 seeking, among other things, an Order directing: (1) that petitioner is entitled to the reinstatement of a building permit having established a vested right in the construction of a single family dwelling;(2)that the Building Department of the Town of Southold and the Town of Southold violated petitioner's civil rights pursuant § 1983 of the USCA by issuing a stop work order; (3) that the actions of the Building Department of the Town of Southold and the Town of Southold were arbitrary and capricious; (4) that this matter is ripe for review;(5)that the Town of Southold be prevented from stopping petitioner's continued construction under the filed building plans; (6)that the actions of the Town of Southold violated petitioner's procedural due process under the Fourteenth Amendment of the Constitution of the United States;(7)that the Zoning Board • r • Aliano v Town of Southold Index No. 06-23694 Page 2 of Appeals of the Town of Southold violated the Open Meetings Law of the State of New York;(8)that the deprivation of petitioner's constitutionally protected rights was officially adopted and promulgated by municipal officers; and(9)that the Town of Southold's actions were arbitrary, irrational and destructive of petitioner's cognizable property interests,is granted only to the extent pending a determination by the Court regarding that branch of the petition that the Zoning Board of the Town of Southold violated the Open Meetings Law of the State of New York;that the deprivation ofpetitioner's constitutionally protected rights were officially adopted and promulgated by municipal officers shall be held in abeyance pending the submission of the respondents verified answer and return and in all other respects,is denied;and it is further ORDERED that this motion (#002) by respondents seeking an Order pursuant to CPLR 7804(f) dismissing the petition as same is barred by the statute of limitations and fails to state a cause of action,is granted to the extent that the portions of the petition seeking an Order that petitioner is entitled to the reinstatement of a building permit;that the Building Department of the Town of Southold and the Town of Southold violated petitioner's civil rights pursuant § 1983 of the USCA by issuing a stop work order; that the actions of the Building Department of the Town of Southold and the Town of Southold were arbitrary and capricious; that this matter is ripe for review; that the Town of Southold be prevented from stopping petitioner's continued construction under the filed building plans;that the Town of Southold's actions were arbitrary,irrational and destructive ofpetitioner's cognizable property interests; that the actions of the Town of Southold violated petitioner's procedural due process under the Fourteenth Amendment of the Constitution of the United States; and in all other respects, is denied; and it is further ORDERED that the respondents shall submit a verified answer and return within thirty(30)days of the date herein; and it is further ORDERED that the counsel for the petitioner and respondent shall each serve a copy of this Order with Notice of Entry upon respective counsel within twenty-five(25) days of the date herein pursuant to CPLR 2130(b)(1), (2) or(3) and thereafter file the affidavit of service with the Clerk of the Court. This Article 78 petition was brought by the petitioner upon the denial by the Southold Zoning Board of Appeals(hereinafter"Board")of his application for an area variance to construct a one family house with a full basement on a bluff overlooking the Long Island Sound. The building permit was issued by the Southold Town Board of Trustees(hereinafter"Trustees")on April 20,2005. By January 5,2006,petitioner had excavated the area and concrete footings and partial foundation walls were poured. In his affidavit in support of the Article 78 petition,petitioner states that on the afternoon of January 5, 2006,the Town of Southold's Director of Code Enforcement,Edward Forester(hereinafter"Forester") appeared at the job site and conversed with his builder, John Dalton (hereinafter "Dalton"). Forester informed the builder that the Town of Southold(hereinafter"Town")issued the building permit by mistake; that the building being constructed was not set back far enough for the bluff; that the issuance of the permit by the Town had been a ministerial error; that he was going to issue an oral stop work order; that this issuance of the oral stop work order was contested by his agent at the job site who indicated that an oral stop work order was ineffective to stop work;and that a Building Department's employee called his agent at the job site and informed him that because the Town made a mistake in issuing the permit, a stop work order was being issued as Forester had stated. Petitioner further states that at the time,the building construction was approved by the Department of Environmental Conservation; that he had permits from the Coastal Erosion Management, the Town's Waste Water Disposal and the Suffolk County Department of Health;that he acquired vested rights because construction had already begun and that he had valid permits;that in an attempt to cooperate with the Town in order to obtain the necessary variances,he was told that the Town would walk him through the variance application process; and that in that regard, he hired an attorney to apply for a variance for a relaxation of the set back requirement for the house from the bluff; that during this time period before the first meeting of the Board to hear his application, the chairperson of the Board came to the job site on an almost daily basis to state to Dalton that she was not going to allow anything to be built on the site and if it was,it would Aliano v Town of Southold Index No. 06-23694 Page 3 be over her dead body. The petition is opposed by respondents who move pursuant to CPLR 7804(f)for an Order to dismiss the petition upon the objections in point of law that the petition is barred by the statute of limitations and fails to state a cause of action. The first hearing before the Board was on March 30,2006,then adjourned to April 27,2006,May 25,2006 and again to June 7,2006. The parties stipulated that the Board would be granted additional time past the statutorily required date under Town Law § 267(a) to issue a decision regarding the variance application by petitioner. The Appellate Division,Second Department has restated the rules governing a motion to dismiss in State of New York v Grecco, 21 AD3d 470, 800 NYS2d 214 [2d Dept 2005]). The Court's inquiry is limited to determining whether, taking the allegations of the complaint as true and affording plaintiff the benefit of every reasonable inference,plaintiff has stated a cause of action against one or more defendants (see Parsippany Constr. Co.Inc.v Clark Patterson Assoc.,P.C., AD3d , NYS2d [2d Dept 2007]; Sirlin v Town of New Castle, 35 AD3d 713, 826 NYS2d 676 [2d Dept 2006];Dunleavy v Hilton Hall Apts. Co.,LLC, 14 AD3d 479,789 NYS2d 164[2d Dept 2005]). In applying the standard,the Court expresses no opinion as to the truth or falsity of the allegations of the complaint or, consequently,as to the conclusions plaintiff argues should be drawn therefrom. On the procedural posture of the action,these issues are not properly before the Court. On such a motion,the Court's sole inquiry is whether the facts alleged in the complaint fit within any cognizable legal theory,not whether there is evidentiary support for the complaint(see Fast Track Funding Corp. v Perrone, 19 AD3d 362, 796 NYS2d 164[2d Dept 2005]; Paterno v CYC, LLC, 8 AD3d 544, 778 NYS2d 700 [2d Dept 2004]; McGee v City of Rensselaer, 174 Misc2d 491, 663 NYS2d 949 [Sup Ct, Rensselaer County 1997]; Leon v Martinez, 84 NY2d 83, 614 NYS2d 972 [1994];Marone v Marone, 50 NY2d 481,429 NYS2d 592 [1980];see also 511 West 232"d Owners Corp. v Jennifer Realty Co.,98 NY2d 144,746 NYS2d 131 [2002];Sokoloff v Harriman Estates Dev. Corp., 96 NY2d 409, 729 NYS2d 425 [2000]). Thus, a motion to dismiss for failure to state a claim may be granted only if it appears certain that under no possible circumstances would the plaintiff be entitled to relief(see Lipsky v Commonwealth United Corp., 551 F.2d 887 [2d Cir 1976]). Even if it appears on the face of the pleadings that recovery is very remote, the petition will withstand the motion to dismiss as long the petitioner retains a possibility of success(see Scheuer v Rhodes, 416 U.S 232, 94 S. Ct. 1683,40 L.Ed 90 [1974]). On January 5,2006,through his employees on the job site,petitioner was verbally informed that the Town was issuing a stop work order based upon a building permit erroneously issued for the job site. A copy of the stop work order was also nailed to a tree on the property(see affd Thomas W. Cramer January 22,2007)and mailed on January 5,2007 to the address listed on the tax bills for the subject property,which tax bills was subsequently questioned by Aliano. Therefore,petitioner had notice of the stop work order. A challenge to a public official's act is governed by a four-month statute of limitations(CPRL 217), which in this case,was that an appeal had to be taken on or before May 6,2007. Petitioner's various claims for affirmative relief based upon his allegation that he had a vested right is without merit because of his failure, as an aggrieved party, to timely assert a claim in order to preserve that claim for judicial review. Statutes of limitation are not to be disregarded by courts out of a vague sympathy for particular litigants(see Carey v International Bhd.ofElec. Workers Local Pension Plan,201 F.3d 44[2d Cir 1999]);nor are they open to discretionary changes (see Arnold v Mayal Realty Co., 299 NY 57 [1949]). The statute of limitations generally begins to run at the time the cause of action accrues and generally runs without interruption, notwithstanding any present or subsequent disadvantage which a party is laboring in the prosecution of the action(see 2B Carmody Wait 2d §§ 13:210, 13: 332). Otherwise,the claim is deemed waived and the courts will be precluded from considering the claim in an Article 78 proceeding under the doctrine of exhaustion of administrative remedies,which,in the zoning context,requires a party to take an appeal from an adverse zoning decision or interpretation to the zoning board of appeals (see CPLR 7803; [ Aliano v Town of Southold Index No.06-23694 Page 4 Town Law § 267-a[4];Hays v Walrath, 271 AD2d 744,705 NYS2d 441 [3d Dept 2000];Miller v Price, 267 AD2d 363, 700 NYS2d 209 [2d Dept 1999];Nautilus Landowners Corp. v Harbor Commn., 232 AD2d 418, 648 NYS2d 627 [2d Dept 1996];see e.g.Buffolino v Board of Zoning&Appeals of Inc. Vil. of Westbury,230 AD2d 794,646 NYS2d 179[2d Dept 1996];see also e.g. Trident Realty L.P. vPlanning Bd. of Inc. Vil. of East Hampton, 248 AD2d 545, 669 NYS2d 873 [2d Dept 1998]; lv app den 92 NY2d 812, 680 NYS2d 905 [1998]). Petitioner never exhausted his administrative remedies by taking a timely administrative appeal to the Board from the Town's issuance of a stop work order as required in order to bring an action under Article 78 (see Young Men's Christian Assn. v Rochester Pure Waters Dist., 37 NY2d 371, 372 NYS2d 633 [1975]; 12A Carmody-Wait 2d § 78:54; 2 N.Y. Zoning Law&Prac. § 28:06). Under New York law "one who objects to the act of an administrative agency must exhaust administrative remedies before being permitted to litigate in a court of law"(Watergate II Apts.v Buffalo SewerAuth.,46 NY2d 52,574 NYS2d 821 [1978] citation omitted;Matter of Jordan's Partners v Goehringer,204 AD2d 453,611 NYS2d 626 [2d Dept 1994];Matter ofPadar Realty Co. v Klein,60 AD2d 533,400 NYS2d 46[1's Dept 1977],accord Welch v New York State Div. of Hous. & Community Renewal, 287 AD2d 725,732 NYS2d 68 [2d Dept 2001]). "The doctrine furthers the statutory goal of relieving the courts of the burden of deciding questions entrusted to an agency,preventing premature judicial interference with the administrators efforts to develop a co-ordinated, consistent and legally enforceable scheme of regulation" (Watergate II Apts. v Buffalo Sewer Auth., 46 NY2d 52, supra at 57) and the courts have manifested their unwillingness to become zoning boards of appeal (see Board of Managers v Village of Westhampton Bch., 2000 WL 33911223 [EDNY 2000],judgement affd. 10 Fed Appx. 28 [2d Cir. N.Y. 2001]). The Board is vested with the authority to review the decisions of the building inspector(see Town Law § 267 a[5]). Petitioner did not appeal the determination of the building department. Petitioner having failed to exhaust his administrative remedies,the issue of vested rights cannot be reviewed by this Court(see Engert v Phillips, 150 AD2d 752, 542 NYS2d 202 [2d Dept 1989]). Nor is the doctrine of equitable estoppel available to petitioner as a defense as petitioner was aware of the stop work order which was sufficient to place him under a duty to make an inquiry and ascertain all of the relative facts prior to the expiration of the statute of limitations (see Gleason v Spota, 194 AD2d 764, 599 NYS2d 297 [2d Dept 1993];see also DeMille v Franklin Gen.Hosp., 107 AD2d 656,484 NYS2d 596 [2d Dept 1985];affd 65 NY2d 728,492 NYS2d 29 [1985]). Furthermore, petitioner also failed to demonstrate that an appeal to the Board would be futile and be denied because of the Board's unwillingness to hear an appeal or consider and weigh the facts of the circumstances surrounding the issuance of the stop work order(see Miller v Price, 267 AD2d 363,supra; Segalla v Town of Amenia, 309 AD2d 742, 765 NYS2d 256 [2d Dept 2003];Beyah v Scully, 143 AD2d 903, 533 NYS2d 515 [2d Dept 1988];Pfaff"v Columbia-Greene Community Coll., 99 AD2d 887, 472 NYS2d 480 [3d Dept 1984]) or that the Board did not have the power to overrule the decision of the Building Department. Although there is a limited exception to the situation which permits a petitioner to circumvent the requirement for bringing a special proceeding pursuant to CPLR 7801 et seq. without exhausting all administrative remedies,where the challenge to state an action is based upon a claim of unconstitutionality, "this exception to the exhaustion rule is a limited one and the exception is `itself subject to qualification" (Dozier v New York City, 130 AD2d 128,519 NYS2d 135 [2d Dept 1987];see also Fichera v City ofNew York,145 AD2d 482, 535 NYS2d 434 [2d Dept 1988]). Where there exists factual issues that may be resolved by an administrative appeal, a petitioner may not circumvent the requirement that he exhaust all administrative remedies by merely asserting that there are constitutional issues(see Fichera v City of New York, 145 AD2d 482,supra;Dozier v New York City, 130 AD2d 128,supra). Merely claiming a violation of due process or the inadequacy of a hearing, which is not the case • ' Aliano v Town of Southold Index No. 06-23694 Page 5 herein, is not sufficient to invoke the "constitutionality" exception. A petitioner claiming this type of constitutional violation is still required to exhaust all administrative remedies prior to commencing a special proceeding in Supreme Court(see Levine v Board of Educ. of the City of New York, 173 AD2d 619, 570 NYS2d 200 [2d Dept 1991];Beyah v Scully, 143 AD2d 903,supra;Dozier v New York City, 130 AD2d 128,supra). Petitioner was not denied due process because the Board was not required to grant him a hearing regarding the issuance of the stop work order. Further the right to a hearing at any given time and in any given situation is not one created by the Constitution but rather,is created and defined by either state or local law (see Cleveland Bd. of Educ. v Loudermille, 470 U.S. 532, 105 S.Ct. 1487, 84 L. Ed. 494 [1985]; Christopher v Phillips, 160 AD2d 1165, 554 NYS2d 370 [3d Dept 1990], app den 76 NY2d 706, 560 NYS2d 988 [1990]). Petitioner's claim that he has acquired a"vested right" (see Lexstat 9-52D Zoning and Land Use Controls § 52D:02)in the permit is misplaced in light of the Building Department's power to issue a stop work order. The vested right doctrine only applies when a court has determined that a permit was revoked illegally,that is, there was no basis or authority in law for the work under the permit to be revoked(see In the Matter of Lawrence School Corp. v Morris, 167 AD2d 467, 562 NYS2d 707 [2d Dept 1990]). The "vested rights"doctrine is usually applied in a situation where a permit is revoked as the result of a zoning change,which takes place after the permit is issued under the previously existing zoning laws(cf. Town of Orangetown v Magee, 88 NY2d 41, 643 NYS2d 21 [1996];Ellington Constr. Corp., v Zoning Board of Appeals of the Inc. Vil. of New Hempstead, 77 NY2d 114, 564 NYS2d 1001 [1990]; Reichenbach v Windward at Southampton,80 Misc2d 1031,364 NYS2d 283[NY Sup.Ct.1975}judgment affil.48 AD2d 909,372 NYS2d 985 [2d Dept 1975],app dism 38 NY2d 912,383 NYS2d 757[1976],app dism 38 NY2d 710, 382 NYS2d 1030[1976]). The"vested right"doctrine is applied to prevent a grave loss where there is a change in the law such that the permit is no longer legal and cannot be used under the current law, or where the permit is revoked without any legal authority(cf. Town of Orangetown v Magee, 88 NY2d 41, supra;Ellington Constr. Corp. v Zoning Board of Appeals of the Inc Vik of New Hempstead,77 NY2d 114,supra). There is no question that there was statutory authority to issue the stop work order and there was a rational reason for the Building Department to issue the stop work order. Therefore, the "vested rights" doctrine is inapplicable.A permit for a use prohibited by a valid zoning ordinance,regulation or restriction is void and subject to revocation(see 8 McQuillin Mun. Copr. § 25:153 [ 3' ed.). "A municipal permit issued illegally or in violation of the law or under a mistake of fact,confers no vested right or privilege on the person to whom the permit has been issued and may be revoked notwithstanding that he may have acted on the permit; any expenditures made in reliance upon such permit is made at his peril" (Commonwealth v Flynn,21 Pa. Commonwealth 264, 269, 344 A. 2d 720 [Commonwealth Court of Pennsylvania 1975]; see also Lamar Adv. of Penn,LLC v Pitman, 9 AD3d 734, 780 NYS2d 233 [3d Dept 2004]; 12 N.Y.Jur. 2d Buildings § 62). Neither the issuance of a permit nor the landowner's substantial improvements and expenditures, standing alone,will establish the right(see Sterngass v Tows:Bd. of Clarkstown, 10 AD3d 343, 781 NYS2d 131 [2d Dept 2004] citation omitted). Thus, petitioner's claim of a"vested right"must be denied (see Village of Westhampton v Cayea, 38 AD3d 760, 835 NYS2d 582 [2d Dept 2007]). Without a vested right, petitioner does not have a claim for violation of due process or a taking without compensation(accord Nicoklokis v Rotella,24 AD3d 739,806 NYS2d 700[2d Dept 2005];Apple Food Vendors Assoc. v City of New York, 168 Misc2d 483, 638 NYS2d 540 [Sup.Ct.New York County 1995], affd 228 AD2d 282, 644 NYS2d 216 [1st Dept 1996], app dism 88 NY2d 1064, 651 NYS2d 407 [1996], app den 89 NY2d 807, 655 NYS2d 887 [1997]). Therefore, that branch of the petition seeking a determination that the petitioner is entitled to the reinstatement of a building permit, having established a vested right in the construction of a single family dwelling; that the Southold Town Building Department and the Town of Southold violated petitioner's civil rights pursuant § 1983 of the USCA by issuing a stop . Aliano v Town of Southold Index No. 06-23694 Page 6 work order and indicating that there should be no further building under the issued work permit; that the actions by the Southold Town Building Department and the Town of Southold were arbitrary and capricious; that this matter is ripe for review; that the petitioner has established a protectable property interest exist in that petitioner had a vested right under state law to develop the property; that the Town of Southold had acted arbitrarily and capriciously in attempting to stop all work in attempting to have the petitioner appear before the Zone Board of Appeals of the Town of Southhold,which petitioner contends was a useless act; that the building permit be reinstated;that an inj unction to prevent the Town of Southold from stopping the petitioner from continuing construction under the filed building plans; that the actions of the Town of Southold violated the Fourteenth Amendment of the Constitution of the United States in that the petitioner was denied procedural due process, is denied. Furthermore, that branch of the petition seeking a declaration by the Court that the Town of Southold's actions were arbitrary,irrational and destructive of a cognizable property interest of the petitioner based upon the issuance of a stop work order,is also denied due to petitioner's failure to appeal the issuance of the stop work order pursuant to Town Law §267- a(5). The relief pursuant to CPLR 3014 and 3024,requested by the respondents,is denied as the Court is not empowered to grant such relief, the Court being precluded from granting any relief which is not contained in movant's "Notice of Motion"or, as here, movant's Order To Show Cause (see CPLR 2214; Northside Studios,Inc. v Treccagnoli,262 AD2d 469,692 NYS2d 161 [2d Dept 1999];Arriaga v Michael Laub, Co., 233 AD2d 244, 649 NYS2d 707 [1'Dept 1996]). Accordingly,the petition and motion are decided as herein indicated. The respondents shall have thirty (30) days from the dated of this Order to submit a verified answer and return. This constitutes the Order and decision of the Court. DATED: d (Of .; THOMAS F. WHELAN,J.S.C. Page - Minutes June 8, 2006 Special Meeting Southold Town Zoning Board of Appeals * * * RESOLUTION ADOPTED: Motion was made by Chairwoman Oliva, seconded by Member Goehringer, it was RESOLVED, to extend the written portion of May 31, 2006 submissions (PH held 4/27/06)to accept written correspondence submitted to ZBA as of June 7, 2006: NICHOLAS ALIANO #5846. Request for Variances: (1) under Section 100- 239.4A(1), based on the Building Inspector's January 5, 2006 Notice of Disapproval, concerning a building permit (#31581Z) issued in error, for a location set back less than the code required 100 feet from the top of the Long Island Sound bluff, and (2) based on the Building Inspector's January 13, 2006 Notice of Disapproval, citing Section 100-244, for a reduced front yard setback for alternative relief with the applicant's suggested new dwelling size and location at less than the required 100 feet from the top of the bluff and less than the required 40 feet from the front yard lot line. Location: 3705 Duck Pond Road, Cutchogue; CTM 83-1-12. Vote of the Board: Ayes: Members Oliva(Chairwoman), Goehringer, Dinizio, Simon and Weisman. This Resolution was duly adopted (5-0). * * * Apo /) , i RI: RECEIVED PATRICIA C. MOORE MAY 3 12.006 Attorney at Law 51020 Main Road Southold,New York 11971 ZONING BOARD OF APPEALS Tel: (631) 765-4330 Fax: (631) 765-4643 Robert Kassner Margaret Rutkowski Legal Assistant Betsy Perkins Secretary May 31, 2006 Southold Town Zoning Board of Appeals Ruth Oliva, Chairwoman Southold Town Hall 53095 Main Road Southold, NY 11971 Re: Aliano Variance 1000-83-1-11 & 12 (1) Variance from Bluff (2) Variance from front yard Dear Chairwoman and Board members : In response to Mr. Mootoo' s letter dated May 22 , 2006 : 1 . The Dvirka & Bartilucci response by Joseph Baier, PE was sent to you by overnight mail under separate cover. 2 . Letter from Cramer Consulting Group addressing some errors in Mr. Mootoo' s letter. 3 . In response to Mr. Mootoo' s comments on the setbacks to the Bluff, the applicant has proposed a setback which balances protection of the Bluff with the rights of the property owner. Mr. Aliano has offered an alternative plan which places the house 50 feet away from the top of the bluff and on the easterly side of the property. The "pattern of development" on Glen Court along the Long Island Sound is well established with homes which are located much closer to the top of the bluff then the Aliano proposal . The homes along Glenn Court are located at approximately 30 to 50 feet from the top of the bluff (see photo - Google Earth) . Several of these properties also contain accessory structures (decks, platforms, retaining walls and walkways) along the top of the bluff . Numerous variances have been granted by the Board over the years for setback variances along Glenn Court on similarly sized waterfront parcels (#3574 in 1986 for insufficient setback to bluff for accessory structure) (#2330 in 1970 for new dwelling with insufficient front yard setback) (#2134 in 1976 for new dwelling with insufficient front yard setback) (#4104 in 1992 to construct addition to existing dwelling within 100 feet from top of bluff) . The Aliano lot was established in 1968 in the Map of Vista Bluff filed in the Suffolk County Clerk' s Office on March 15, 1968 . The Subdivision of Vista Bluff, shown as lots 1 through 5 are similarly sized and were intended for development with single family dwellings . On Lots 1 through 4 the slopes are shown on the filed map and presented the same restricted building envelopes which are presently under review, nevertheless, the slopes on parcels 1 through 4 did not impede the development of these lots (see attached subdivision map) and were granted variances . The top of the bluff along Lots 1 through 4, developed over the past 37 years, are not showing signs of significant erosion. The bluffs have remained stable over the past 37 years as can be seen from the exhibits attached to Mr. Cramer' s March 23 , 2006 response to the LWRP review, herein attached for your convenience . Lots 2 , 3 and 4 constructed bulkhead for additional protection. Mr. Aliano is prepared to seek approval from the DEC to continue the bulkhead to Duck Pond Road. However, stabilization of bluffs with natural ', vegetation is preferred by the regulatory agencies prior to pursuing the use of hard structures . At this point the toe of the slope and bluff are stable. The limited erosion seen on the adjacent parcel was attributable to uncontrolled water runoff sloped toward the bluff . With respect to Mr. Aliano' s parcel, water runoff has been specifically addressed through the implementation of the Cramer Consulting Planting Plan dated January 26, 2006 and the Erosion & Sediment Control Plan. Great care has been taken to direct the roof runoff into proper containers, slope the land away from the bluff, and plant suitable vegetation. Therefore, we ask that you grant the variance . If you need anything else, please do not hesitate to contact me. ye -- r ;ly yours, (/:— °atricia C. Moore cc : Mr. Aliano Cramer Consulting Group Dvirka & Bartilucci ZJ J/J1 L JUD 1J.JD 0 `9 rt..? V.7JJ I WSJ +11v CONJ . 4; . s •,.. „ . . + #' :1;,4 '`qe �' ,1'1^ F,.-i': , `:.�#'�r?tfi ?1,,°.tk"wiva,... __W..`E£. )`.z..K, ,,. . Co nplete land Use Services—btdndmg Planning,Design and Environmental P.O.Box 5535 Miller Place,New York U764 Thomas W.Cramer,Principal Telephone(631)476-0984_Fax•(631)476-6933 May 31, 2006 Patricia Moore,Esq. 51020 Main Road Southold,NY 11971 RE: Aliano Property @ Duck Pond Road,Cutchogue SCTM# 1000-83-1-12 Dear Pat: I have reviewed the correspondence from Mr. Mootoo dated May 22,2006 and I have the following comments with regard to Mr.Mootoo's letter. 1. Draft Minutes from ZBA Hearing April 27,2006 • Mr. Mootoo makes reference to Mr. Callas' testimony in that 2 feet of erosion occurred on his property over 18 years(or 0.3 feet per year). This rate of erosion is not significant. As demonstrated in various documents,studies and reviews of historic photos for the north shore of Long Island,erosion rates of 1 to 2 feet per year are not uncommon in certain locations; therefore,Mr. Callas' testimony serves to demonstrate that erosion,at least in this particular area, is not significant. • Mr. Mootoo's comment with regard to the existing patterns of development in making decisions is extremely relevant in this case. All of the homes in the immediate area of the proposed project are set back closer to the top of the bluff than the proposed project;therefore,we conform to the pattern of development in the area. 2. Letter from Dvirka and Bartilucci(Joseph Baier,P.E.), May 4,2006 • Mr. Mootoo makes reference to two sections of the Sanitary Code of Suffolk County and attempts to state that we are not in compliance with these,which is not the fact. As presented to the Board previously,the Suffolk County Department of Health Services(SCDHS)has approved the sanitary disposal system on site. There were no variances required for the approval. The sanitary system has been designed on site to meet the Health Department requirements. As noted in Mr. Mootoo's letter,the SCDHS has jurisdiction over review and construction of the septic system and has approved the design of the property. b7/Jl/LW Jb 17:DL D91'4/D-D73J 1W%-, 17rv.jUr iI', , I r0.41- crc 3. Letter from Craa'xiii Consulting Group,May 8,2006 ® Mr.Mootoo's original letter addressed the need for fill to be brought onto the site. In his most recent letter,he has re-thought his previous comment and has acknowledged that there will be a balance of cut and fill on the site. In addition,Mr. Mootoo has not noted the fact that(and this would address his comment)there are three crib walls proposed on the plan. It appears that he has been relying on the cross-section of the septic system which has not been updated by the surveyor and shows only two walls. • Mr. Mootoo has misread the cross section of the septic system on the survey. Groundwater elevation is not shown at 20 feet as stated by Mr. Mootoo. The 20 feet, plus or minus,shown on the survey is the separation between the bottom of the leaching pool and groundwater. If the elevation of the bottom of the leaching pool is 22 feet as stated, groundwater would then be at 2 feet elevation. If groundwater were at 20 feet as suggested by Mr. Mootoo,water would be flowing out of the face of the bluff,which is not the case. Small isolated clay lenses are indeed possible in any morrainal soils on Long Island. However,these are usually grouped in geographic areas. Since no clay is evident in the bluff face nor in the excavations of the previously installed sanitary systems,it is unlikely that clays occur on this site. If they are encountered on this site the SCDHS has standards to address and remedy such a situation. As part of the SCDHS' approval,excavation inspections have been required. • Mr. Mootoo implies that Mr.Jaeger is the only engineer of record on this project. This is not the case. Both Mr. Jeager and Mr. Baier,both professional engineers with significant experience, have been retained and have worked on this project from the beginning. Both have the ability to comment and to provide input to the ZBA on this project. In closing,it appears that Mr. Mootoo is continuing to attempt to find problems with the project where none exist. I hope that the above has been helpful. If you need anything further !) a feel fr • contact me. Very trul4 o r W.Cramer,ASLA TWC:cac CC: Nicholas Aliano w 441 , v. •' /IF 10 ..,, .. 4,01. 3 * • lAaf 40: TINIP..1%, r ` . s t 4,, lir i410 4-,v-,_-• . ileiti •°' 1 1 411:i IF i 40 *. � tib,� ... ilk A .' 4111, . ' ‘ . t • ‘ * t. 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' , . ._ . -..":iii. -. .,4-1 ,G,•___,1-:if z,'....f._f: - , . , : III . ^ - '- , , . I APPEALS BOARD MEMBERS �i (I 45," Mailing Address: Ruth D. Oliva, Chairwoman ''~i��4OF $O 0 Southold Town Hall Gerard P. Goehrin ger , 53095 Main Road •P.O. Box 1179 • g * * ; Southold,NY 11971-0959 James Dinizio, Jr. G Office Location: Michael A. Simon `.'� s •' Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman = COM in•I"• 54375 Main Road(at Youngs Avenue) •"' Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809•Fax(631)765-9064 May 26, 2006 By Regular Mail and Fax Transmission Patricia C. Moore, Esq. 51020 Main Road Southold,NY 11971 Re: ZBA File#5846—N. Aliano Variance Requests Dear Ms. Moore: This will confirm that a Resolution was adopted at the May 25, 2006 Regular Meeting of the Zoning Board of Appeals to conclude the hearing with an extension until May 31, 2006 for the purpose of receiving a written reply, in behalf of the applicant, with respect to information received in the May 22, 2006 submission of Thackoor (George) Mootoo, P.E. Please be sure to furnish an original and six copy sets, if a written reply is to be forwarded. Thank you. Sincerely yours, Linda Kowalski PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel.(516)765-4330 Fax::(516)765-4643 C March '8, ( 6 - ft 8 2006 ZONING QOARD OF APPEALS Attn: Linda Zoning Board of Appeals 53095 Main Road PO Box 1179 Southold, NY 11971 RE: NICHOLAS ALIANO SCTM# 1000-83-1-2 Hearing Date: MARCH 2, 2006 Dear Chairman: With reference to the above, enclosed please find ( sets of the Erosion & Sediment Control Plan. Thank you. U y truly ou s, 7 PATRI A ) • •:'E By Be sy Perkins, LA by Enols . e:1) I4 /ior (�Pr�srac4iL ro,0/. J t.T e & amu; jl!°J. //7ss (631) 744-5600 Nick Aliano house in Cutchauge March 1,2006 Lot 12 Twin Fork Cement $18,500.00 Richard Leland $6,000.00 William Bachman—Dig Foundation. $5,000.00 Dig out Dirt in garage $1,000.00 Pop Stumps $3,500.00 Maggio Sanitation $4,200.00 Dalton Contacting $10,000.00 Cramer Consulting Group $4,500.00 Hawkins Webb and Jaeger $9,000.00 Peconic Surveyor $5,000.00 Total: $66,700.00 OVERALL SITE PLANTING NOTES. Q , Appropriate erosion control measures to be taken to precent erosion of 0\3 -I,O4 slope and silting of adjoining property and roads. Measures to Include, p,`O -6- but not limited to,stacked straw bales,slit screen fencing,mulching,etc. -- \S%-"` �- ' Erosion control measures to be constantly monitored and appropriate - G ��' 1,11 steps taken to immediately correct and/or repair to provide proper protection. 30 �0 1- $ /'l' _ ._"'\ /`/r Erosion control measures to remain ineffect until slope is stabilized with - __ _ \ r''''' vegetation. itt.0 /„ / - - //�•--_"_ \ \�\ \�\\ 0C. Where possible,existing trees,shrubs,stumps and roots to remain on �' � / ,-•„------„.-',-",---- -- -�. - \ \ \ \\ \\ \\ 0 slope to provide stability,provide opportunity for additional plant growth �� -/,- //// ,�_ - �, __- \\\ \ \\ \ \ \ and restablishment of previous vegetation // /i,/i/� - - - --\ \ \\\\ \ \\ \\ \\ 'O - �e�'%/��i���� � •_---\ \ \ \\\\\\\\ \ \ \ 2 Slope to be hydro-seeded immediately after final grading. Hydro-seeding /�'//o�� /�/�//�/�/�� �-'"�\ \ \\\\ \ \ \ \\ \\ \\ appllcaliuon and mixture to be according to manufacturer's specifications. ' //ice/./,//%/,/./ - --\ \ \ \ \ \\\\\ ' \ \e \ / - ' �...22,2,-','",-,// • -"- --I\ \ rr\ \ \ \ \ \ 13 Suitable plant material can be substituted for plant material specified on y• -- /;///moi/4•o ajrt'.A• atDral&-t lsttek 1 \ ) \ \ \ \ \ \vy c' A \ \ 0 this planting plan only with the approval of the landscape architect. _-'\ -:ii�////////moi///!-ice- --„--- 4� 1 I J / ) \ \eorG'0,* \ \ \ \ ' -36 . - -::„--•„</,,--,2-_,,,,,,....,„• _,--_-___--4\ \ t 1 5 1 ,•F �� Iw li. \ \ \ Plant material to be monitored for a two year period to assure a minimum �3' /��� -i--.:;-...-2-,,•.:".",'7,;-•!--------:----,4 \ 1 1 t l 1 p,Q'- y► / fid ) �- \ �0 6F' - / --- 1 } 1 4 q /, illr \ \ survival rate of 80%during that period. // , \ \ 1 1 \ r1h td \ u --- 42~ /��/i • --,*:/_,„...•-” f/ii//// /ice=="„\ \ \ 1 1 1 s } tr (` \ • \ _i4__ / - V 1 Proposed lawn area to be sod. �//;-,--'../!--,--/-•:--:-:---'.-----'. ..�.// ICY \ I • ----'E-=- /,-----",--,',"".----,---•-"<”�- ///ice( \ \\\ \ 1 1 1� ': ��;. igi 1 r:0 t...4 \\ \ \•\ -____m__ ��/i//- --„--,--,--;'...-•:;---_/ /ii%i \ \ \ 1 1 1 y r:.'4 -�.t• I1� 1°,:Wi \ +� Nf -- aa-c i�j▪ /..../V„,--;„,......,,,.....-......, i//i i- �i//^\ \\ \\11 lIf i 1 \ I 1 �f•;��! S,�j 65 1 1 \ \\ ' ///%i TL __-38-, j//// ���-�.\ \ \ 1 1 1 l jr \ 1 \ \ 1 1p14�.,13,�\ �,s'r,1 \ \ -';dA i- /-j////` \.. •• 1 s- t6i � Pr pas4d\ \ AV Cie.*9 31'ai \ )," �"5'i.,a ------:.:2-.7,--i / •••�'l• i I -.p�;2"��,1 1 I Lta (1 red n, \1: `,.7 1 \ '' s 1"r� �o 4y ie. ‘‘) \ ( \\\ V" 1: \}ll� 11 .$41'4111,ce rr�n \'\ if,........ ., ,1 '.J ., v� \'l `• ii I A2-jai t i 1 i 11 J � \ L \ 1 Q�\ 1 COs`i t t It , 1�ci(�\ v1 f-M CD':j\l-; ' * 1;4 * . \ 1 P 4 1 , 1\Y�\1��1 ig'�R ✓/��� i 1C \ 1 10i-PM J N 'O \ / } 1 1 %),I 1,,, V..,' 4 \ i - 1-'1, I 7 1 ////I% llir f\ \ �'0" ir)� "L"\' (�� 2 i I / // n 17-- I �;a �' j I/ I / Proposed Retaining Walls �u/Apr j �S;*off rl >;•. / I i I I Each Approx 4'High P 14' 1 `• / I/ Ii 1\ / /) iii 4p\Z C/ '� '� "/ \` ," ',/,,/ °"'"` PLANTING PLAN 11---- 1 ' LIANO AT CUTCHOGUE Survey mn from \ 1 / /. P OC BOX 90e SURVEYORS,P C , , ;,/� Cr.Cr i ler C i nsul • Group 1230 TRAVELER STREET 1 1 1 Y� / /// T inahon SOUTH OLD,N Y 11971 I •\x•. / // • (1 e/o Glenn Court,w/o Duck Pond Road,Cutchogue,Town of Southold January 13 2004 • /// /r �$ LOT NUMBERS REFER TO'MAP OF VISTA BLUFF'FILED r��O" �,. \ / ' Covkle Lod W.Stmo-brsn,yN.:.,s Lb, dAmYartn±ai Prolatii AUN01 Ta Lot# 1000-83-1-11&12 MARCH 15,1968 AS FILE NO 5060 ` �,! "; I '\/ P O Box 5535,Milicr Place,New York 11764 G\'.,\ `�\o I t (631)476-0904 Date; 01/26/06 5rat,, As Scaled ELEVATIONS REFERENCED TO N G V D Gam- \A-d- j `�. O ..X.24‹....., Designedly TWC Drmay. TWC QmclsdBy � `�� Rmacnz 10G0 83-01-11 ARE t_g,47a S(1 FT TO TIE L INE CrL� /� 1000 83-01 12;1R&1=34 324 SQ FT TO TIE LINE - nue 1 of 3 } 'J J \ PLANT LAYOUT PLAN \ \\ \� ,:� \ \ y \ \ I ft, , \ \ ` \ \\ \ / / eo ` \ \ `\ \ \ � ( / :,.6A/4.0/110N\ \ \ \ \ 1 \ 1 1 1 \p,9%♦1 A A 411 i/ 0 lik \ \ \\ 9 \ 11 1\ ` \La Jill\ \1 r �� 1 ire.- 40\Rfq \\ I 1\ \ i I s*dtb-likri VP \ 10 1 tVUSZ \ \ r- ..6 Proposed Retaining Walls \ b 1 Ank\ 4 =a m 5-M \ Z Each Approx. 4' High \\ 1 \ "\\ 7-Pm 1'-R �ok`t) wok \� 20- \ - ;#7 ' 1 1 1 1 1 1 ",4o...-1\ h', �♦ �, 1 \ \ -yo # \1 I $1 R\ I 1 \ `Is-mP \ +Szm \ " \ \ \ I .i 'i X10 M \ \ \ 1 V' �' �� \ `�1\ \ \ �?'' \ 1 'fir pOsec! 1 ,�, o - ��., 3-IJV \ �g:A -0 \ 1 L>aw� rea \ u .� �� \`* \ \ \ r�„ \ 1 \� 1 9,RR\ V\ rw \ \k-\;,\� \ 2\7-RIR 1 \ \ ° l �� �+,�/e Ito. \ , (7%1:0?‘ '\ N 6ADIV1- ‘Vil ID a,:a , .,s1A, N N i N x N N)iotte it-4.2 1 . ,9, , ...0, , N N N N N ..,A.„ _.. e. -4 , NNio . , 0 %,;°,rli..)N1N1 ), '0-•\FiR 1 i: N /, „ o e � 12VPt41. I V %i , Ckxel v.1 11 •,C•� N \ \ 101- PM rttklaA. , LI W N t: l \ \ ' 6-F14\ AA /e / \� 1 1 \ \ \ 7-MP • / �- ' 1 I ���?,. � ‘ Cramer Consulting Group 01/28106 N � ,���.���� \ I I I I I \ 11 -Jv ke 1 \ I I I \ ALIANOIA PLANTING 0' 10' 20' 30' 40' \ is \ \ 1 ' , 1 1 1 / ) Sheet2of3 / / , • --- PLANT SCHEDULE - - Symbol Scientific Name Common Name Size Quantity/ I JV Juniperus virginiana Eastern Redcedar 6-7' 17 i MP Myrica pensylvanica Northern-Bayberry 18-24" 35 - RR I Rosa Rugosa Rugosa Rose 18-24" 78 1 RRS I Rosa Rugosa r Rugosa Rose 6-12" 40 RA Rhus Aromatica_ Frangrant Sumac 1 12-18" i 20 - , PM Prunus maritime Beach Plum 18-24" 47 i\ 1_ Existing Grade 3"Mulch PLANTING DETAILS Proposed Grade '-- " f!? 1G7//_uta 6" 8"Mm. "'Wi'= ill - Planting on - -- - __ i=f i Slope Detail 6"Min. 7:r" Note See other Planting Details for more information Not to scale Tree trunk supports 5/8" - rubber hose or equal i„,-,F--- - -Tt.r Slope to loon saucer 11 gauge gut wire \ +Viler f 3"stood mulch T ,F ,w' - 3"nnudmulchStake or equal r�`}- 6"mound around edge of pn 4"mound asvnnd edge of pit q Et ' r. �,/� Loosen t/3 of hnrbgs ballFinished g :do ' _ VII r�Burl.Cdl misture t- Finished grade ,,��tl L� A- as per groes — . ‘77:11114 `=4 n: Depth vanes ooh ball size .`Z%'\\\� 4 ' '•.Root ball - Delmh sari Orth bad sue \`\\ ' ._�^�.� - ":_ - Loosen 1/3 of burlap ball _ Backfill mixture Undisturbed soils as per specs Undisturbed soils - Cedar stakes minimum Shrub PlantingEvergreen Planting 1 foot into undisturbed soils. Detail Note:Trees to be staked otth Cramer Consulting Group 01/26/06 Vol to scale. Detail Not to scale. short stakes OR long cedar stakes as shown. PLANTING PLAN ALIANO AT CUTCHOGUE Sheet 3 of 3 SWPPP and Stormwater Permit Process Has DEC START' Is disturbance No determined another tlo— greater than 1 _ need for a SPDES acre? permit? Yes Yes V Develop Erosion & Sediment Control Plan V Located DevelopFull SWPPP Coverage not in a TMDL watershed or required discharging to an impaired, Ye Water Quality & Quantity ,_ 303(d) listed Water?' Control Plan Components Condition "A" I SWPPP Certified by a "Pending" Ho licensed professional Submit copy of SWPPP upon Submit NCI DEC's request A Is disturbance • No I 5 acres or more? Permit Coverage Days3 Condition "B" in 60 oes SWPPP Yes conform to DEC's recommended FINISH No Standards? Implement SWPPP Yes Permit Coverage Is planned Develop Full SWPPP in 5 Days • onstruction other than single Water Quality & I family residences or not on Yes--p agricultural property? Quantity Control Plan Submit NC3I Condition "C" Components A No E&SC Plan constitutes SWPPP NOTES: 1. Under any of the above conditions other environmental permits may be required DEC may require permit for construction disturbance < 1 acre on a case by case basis 2. and the following exists. construction and/or stormwater discharges from the construction or post-construction site contain the pollutant of concern identified in the TMDL or 303(d) listing 3. After receipt by DEC of completed application. Figure 1-Stormwater Pollution Prevention Plan Component Flow Chart „ p ' P (,��-" 4 ala" • -_rl� PROJECT DESCRIPTION (Please include with Z.B.A. Application) i" Applicant(s)- Arc.6/10 k 4-t I CNN I. If building is existing and alterations/additions/renovations are proposed: A. Please give the dimensions and overall square footage of extensions beyond existing building: Dimensions/size: Square footage: - B. Please give the dimensions and square footage of new proposed foundation areas which do not extend beyond the existing building_ • Dimensions/size• ;-s ' Square footage: j II. If land is vacant: _ Please give dimensions and overall square Qot.age of new construction. Dimension/size- AA X , - Square footage. ' fil=7 "Pr /#W0 Height: a III. Purpose and use of new constriction requested in this application: New IV. Additional information about the surrounding contours or nearby buildings that relate to the difficulty in meeting the code requirement(s): i,e1124-e CensJS-c,c/raf a c krt. — S/6/7-es 5Lo /Va.: & S s icLv A/D 0-61er-,24141.UP /Ocean-67767, - ,4o- , i 7'1 .• /Qce'��:. c�' /909 re a� pva/4� rf V. Please subrfiit ver (7) hotos/sets after staki g corners of the proposed new construction. . 7/02 Please note: Further changes, after submitting the above information, must be placed in writing and may require a new Notice of Disapproval to shoiti' changes to the initial plans If additional time is needed, please contact our office, or please check with Building Department (765-1802) or Appeals Department (765-1809) if you are not sure. Thank you. \r, , 1 • . .G. 'f t. •e.„46 I' , . ! . • .',.. . .,. -.;,-.. - ' 4 .• 'I. .• - ,rsktr. .... _ . ;:. ...„ , Itoir. , . -...., . . , • ,-;;.• • ; ,.....,4,-, .. -v..- ,....- _. -,„.. , . ,,,,„ . . ‘. 4,......,-, . ', 4,,..- •., .-", . •4_ ..''Pote,4,4 . .•. ,.. • .,. --....1'' -.,, 7.,„. ,, *,.,_ * . s. ... 4..' . :. !.'--•, ' ,4. 71. ,- V,,.,,..,,. )i . 4 0 0 0 I iti i.. .• . • •.. '1%1•_.).,4,e' ..,.1,"' . r1;11,- S,.. llt _. • . , - 4.44r _.---.. ..,11;, , . . . . '..". .,..-„, . iroVer!!' • air , .. .. . „No ire ..• - .7:.e. . '‘ .1,1Ir '' ' — " '', - ... , ' .—.),—,. -.•• • -7 - .. • ..;:k ..., - • --iii. . 4- . . A • .1 . " - *"• ''''- A.: --• 4,, --,,'..:-' •••:,- v..:-",--••-• • " • -....- ' A, • 7 .---e ' '4P',.4.- r.• '-: . •- . ..... .. ' -. k.: ..:. . • , -?..•' -°''' ..'-`=1‘.•'. . -,4'. A' • — ' . ..: '- . -.'- „ ._, -,/,‘ •' ," ,'' ,.--;';.: -.- '',..,, -'_."'",, , la. irrysieltutii, 1.4! St. k.,. .3.... r , . 1 . i .4: -.... ' .'A.'' •dellr:' I , ,,, ...' - - - •!' ...;* ... '" -_ t --" .. ." • 11114 .1 . .,. ,.. -v „,.- . . -• . , . ..._ , - .....„ , - . . rxWij0, 1Pg C , tier Group 0 6 P. W a� 3� .'� a jujaic:0;21u2i- `7, .(cra' 3)S1 Complete Land Use Services � (A- 611. Planning,Design and Environmental T Erosion & Sediment Control Plan for NICHOLAS ALLIANO PROPERTY Cutchogue, NY _ ; February 2006 P.O.Box 5535,Miller Place,New York 11764 Telephone(631)476-0984 — Fax(631)476-6933 � e01,y S. - Erosion& Sediment Control Plan for NICHOLAS ALLIANO PROPERTY Cutchogue, NY 'r February 2006 TABLE OF CONTENTS. NARRATIVE: Project Description: Page 1 Site Description: Page 1 Adjacent Property: Page 3 Soils: Page 4 PLANNED EROSION AND SEDIMEENTATION CONTROL PRACTICES: Page 5 Temporary Gravel/Wood Chip Construction Entrance/Exit Page 5 Temporary Inlet Protection Page 6 Tree Preservation and Protection Page 6 Land Grading Page 6 Sediment Fence and Staked Straw Bales Page 8 Construction Road Stabilization Page 8 Surface Stabilization Page 8 Dust Control Page 9 ~ x CONSTRUCTION SCHEDULE: Page 10 ' MAINTENANCE PLAN: Page 12 LIST OF FIGURES Location Map Page 3 APPENDICES Erosion Control Specifications Temporary Gravel/Wood Chip Construction Entrance Page 14 Temporary Block and Gravel Drop Inlet Protection Page 15 Temporary Straw Bale and Sediment Fence Drop Inlet Protection Page 16 Tree Preservation&Protection Page 17 Land Grading Page 18 Sediment Fence Detail Page 19 .' Straw Bale Dike Detail Page 20 Leaching Catch Basin/Dry Well D ail ' Page 21 Contractor—Subcontractor Certification Statement Page 22 Erosion & Sediment Control Plan for " -- NICHOLAS ALLIANO PROPERTY Cutchogue, NY PROJECT DESCRIPTION The purpose of the project is to construct a single family residence, with associated driveway and sanitary system, on a 40,798 square foot parcel in the Hamlet of Cutchogue, Town of Southold, New York. The parcel the proposed house is on is identified as Lot#5 on the"Map of Vista Bluff'that was approved by the Planning Board of the Town of Southold and filed in the Suffolk County Clerk's office on March 15, 1968 under map number 5060. The site is located in the Hamlet of Cutchogue, on the east side of Due Pond Road and west of Glen Court. The property is proposed to be developed in accordance with the pians prepared by Peconic Surveyors, PC (PS), project number 03-303. Approval for the plan have been received from the New York State Department of Environmental Conservation(NYSDEC)as permit number 1- 4738-03391/00001 and the Suffolk County Department of Health Services(SCDHS) as permit number R10-04-0109. In addition,the Town of Slouthold Board of Trustees(Trustees)approved a Coastal Erosion Management Permit on April 20, 2005 as permit number 6113. Furthermore, a building permit was issued by the Town of Southold ld Building Inspector's Office on November 4, 2005 as permit number 31581. The proposed action is a Type II action under the State Environmental Quality Review Act(SEQR)as defined under§617.5(c)(9, 11 & 13). While not required under the statute,this document has been prepared in conformance with the standards and specifications for meeting the criteria set forth by the NYSDEC for stormwater discharges associated with construction sites. The property can be further defined as SCTM#1000-83-1-11 & 12. SITE DESCRIPTION The site is located on the Harbor Hills Terminal Moraine and is characteristic of the mixed ,` slopes found in this area. The slopes range from 5%or less, on the top of the site adjacent to Glen Court,to 50%on the eastern portion of the site,where it slopes down to Duck Pond Road. Cr er sults g Group 1 The northern portion of the site is a bluff facing Long Island Sound. The maximum elevation of the bluff is 68' mean sea level(MSL)on the west with the toe of the bluff being approximately • .; 8' MSL. From the toe of the bluff to the northern property line, which is defined as Average High Water(AHW), is a beach. The bluff and the eastern slope of the site descend down to an elevation of approximately 8' MSL on the eastern property boundary and the terminus of Duck Pond Road. The New York State Department of Environmental Conservation(NYSDEC) has established a the"Coastal Erosion Hazard Boundary" (CEHB)at 25 feet from the top of the bluff The original design, which was approved by the Board of Trustees, showed three timberretaining walls extending into the Coastal Erosion Hazard Boundary. A later plan, currently pending before the Town of Southold Board of Zoning Appeals, has removed these structures from the Coastal Erosion Hazard Boundary. Therefore, no structures are presently proposed within the Coastal Erosion Hazard Boundary, and no permits would be required from the Trustees under the current plan. The majority of the site contains slopes in excess of 50%. As noted above,these are principally located on the eastern and northern portion of the property. The southwest corner of the site, adjacent to Glen Court, contains slopes of less than 10%. The proposed residence is located in the southwest corner of the site, with the front of the house approximately at grade and the rear of the structure extending over the eastern slope. The foundation of the rear of the house would be exposed to reduce the need for grading and fill on the areas of steep slope. To the east of the house there are proposed two series of timber retaining walls. Each series of retaining walls will contain three walls and that are approximately 4 feet in height each. A level area, approximately 40 feet wide, is proposed between the two series of walls and will contain the sanitary system for the house. Dry wells will be provided to contain all stormwater runoff from the house and other impervious surfaces! No vegetation will be disturbed on top of the bluff or on the bluff itself. All disturbed areas of the site will be revegetated in accordance with the planting plan prepared by Cramer Consulting Group(CCG), dated January 26, 2006. No wetlands(tidal or freshwater) exist on the site, with the exception of Long Island Sound to the north. Cr er C suit : Group 2 ADJACENT PROPERTY Land use in the vicinity is residential in nature to the west and south, consistent with the proposed project. The land to the east, across Duck Pond Road, is developed as a hotel/resort. As noted above, Long Island Sound is immediately to the north. All the surrounding residential lots are of similar size or smaller than the subject site. Given the topography of the site,the surrounding area, soil conditions and vegetation, runoff from adjacent properties will not contribute to runoff on the site. LOCATION MAP •,.t^Y ,.i�^ '%.';':-.''''''''Z'';'-' - `�' _ - �, ♦j4l5 i .,'Jl.�>�^(,�• �-f1'�'N�:;-]i',..:T';0",',..-,5,-t,' t+Oe- 2t '�q•• .-. i�,.",5':i:.i-:',.1 -".'A.• \, _ - •5'•4' ..d, u ,. 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',5'` ' ,h;'� v,''r•' '1 1!:•;),�)i `'' \--,rte! `'\• ' \3�.-�'.',�+'� _ `"S``' ‘•'.-1' • >`".;s';4`,; Lir▪ =r~=':•,$ f,o� 'j, '. r ./.... ,� ▪i-`�:.M ;.j'r"�xr?;'-� r .e ' :% �` t-'5,':,..',...:,`,..-$r.r_' .k 7:•'1. a / '\7 y %.ll:• • / '-, _aa. I ,(r J)4- ., - v er -' �� I • i "x,.f`.. „.„..-,...N, 'r)1\q� 4'aC; J�+� �'U \ .es�p. •' `n. ,.-' `t'- �Y i�V r',,,.. , . I:i�r it 4L.. h !•` ,, `~�/`�,,, {i'.5 , .s.• ,!, i ',f,.I 1 t\ i ttp ,�'-�▪ �V `\ l t� :) Ac.' ^f' .`I HY F ,._ .,- CN.4,...... '..,.;.-. ''..../ n ' \ (3,-•--s:\ \ • 1.• _ ¢^ \ 0 1144 2244: Cra, er C suit g Group 3 Soils = As mapped in the United States Department of Agriculture's Soil Survey of Suffolk County, New York(USDA)the soil on the project site, where construction is proposed and surrounding area is Carver and Plymouth Sands in the"E" slope classification(CpE). As defined by the USDA, the Carver and Plymouth soil series consist of deep, excessively drained, coarse-textured soils. These soils occur throughout the County in rolling to steep areas on moraines and in level to gently sloping areas on outwash plains. These soils series range from nearly level to steep. Native vegetation consists of black oak,white oak, scrub oak and pitch pine. In a representative profile, provided by the USDA, a thin layer of leaf litter and partly decayed organic matter is on the surface. Below this is the surface layer of dark-gray sand about 3 inches thick. The subsurface layer is gray or light-gray loose sand to a depth of 8 inches. The subsoil is loose sand to a depth of about 22 inches. It is brown in the upper part and strong brown in the lower part. The sub-stratum,to a depth of 60 inches, is loose sand that contains some gravel. It is light yellowish brown to brownish yellow to a depth of 31 inches. Below this, it is light yellowish brown. Also, on moraines, some areas contain as much as 30 percent gravel and a few cobbles. _1 Carver and Plymouth soils have very low available moisture capacity. Permeability is rapid throughout. Natural fertility is very low. The response to lime and fertilizer is fair. The hazard of erosion is moderate to sever and there can be use limitation,both related to the moderately steep to steep slopes. The hydrologic soil group is to be"Group A"- Soils having a high infiltration rate(low runoff potential)when thoroughly wet. These consist mainly of deep, well drained to excessively drained sands or gravelly sands. These soils have a high rate of water transmission. The topsoil that exists on-site and will be stockpiled for use in landscaping. Cr er C suit g Group 4 PLANNED EROSION AND SEDIMENTATION CONTROL PRACTICES The proposed action has been designed in recognition of the slopes on the site and the potential for erosion. Retaining walls will be used on the site to limit the need for extensive grading and clearing on the site. The plans for the house incorporated the use of an exposed foundation wall for the east side and partially exposed foundation walls to the north and south of the proposed house. This design would reduce the need for grading for the house adjacent to these walls. Retaining walls will be used to create an area for the proposed sanitary system on the slope to the east of the house. The sanitary location and design has been approved by the SCDHS. These retaining walls are shown on the more recent plans and have been moved out of the CEHB. Plantings are proposed for the disturbed areas of the site, as shown on the planting plan proposed by CCG The proposed action will be designed to include a minimum 2" storage for all roof and paved areas. Stormwater runoff from all roof areas will be directed into drywells through gutters and leaders. The driveway and paved areas will sloped so as to direct stormwater runoff into catch basins located strategically to contain water runoff on the site. All stormwater runoff from impervious surfaces will be contained on site. The final grading and drainage plan will be - developed with input from and the approval of the Village Engineer. As discussed in the previous section,the rapid permeability of the soils on site will provide excellent and quick recharge of stormwater runoff from impervious surfaces. Likewise, the rapid permeability of the soils also reduces the likelihood of runoff from undisturbed portions of the site. To address the potential of runoff from disturbed portion the following erosion and sedimentation controls will be incorporated into the project, 1. Temporary Gravel/Wood Chip Construction Entrance/Exit: A temporary gravel/wood chip construction entrance will be installed on the eastern portion of the property, at the location of the proposed driveway intersection with Glen Court. The entrance will be graded so that runoff water will be directed away from Glen Court and adjacent to the driveway entrance to avoid ponding in the roadway and driveway. See appendices for specifications. Cra ter C suit Group 5 A • 2. Temporary Inlet Protection: A perimeter of staked straw bales and silt fencing will be installed around drop inlets if required to be installed on the site. If necessary, runoff from the device will be directed into shallow excavations adjacent to the inlet to provide a tempory recharge area. (Note: The presence of this device reduces the sediment load on the sediment basin and provides sediment protection for the pipe [if required in final design]. In addition, sediment removal at this point is more convenient than from the basin). Considering the rapid permeability of the soils this method should be more than sufficient to control erosion and sediment into the inlets. However, monitoring should occur and if required a temporary block and gravel drop inlet protection will be installed at the drop inlets located along the along the driveway, parking area and/or Town road. See appendices for specifications. 3. Tree Preservation and Protection: A minimum 2.0 ft. high protective fence will be erected along the"Clearing Limit" as shown on the PS plan(s). Individual trees to be preserved adjacent to the areas of proposed construction will have a minimum 2.0 ft. high protective fence installed around their dripline(s)to prevent damage during construction. Sediment fence materials, construction fence, snow fence, or similar may be used for this purpose. See appendices for _ specifications. It is recognized that the"Clearing Limit" may extend under the dripline of some - _� trees adjacent to it. Every effort will be made to limit the disturbance within the driplines of the effected trees. These efforts will include, but not limited to,use of retaining walls, tree wells, the minor relocation of proposed structures in the field, etc. In some cases, significant disturbance may be necessary within the dripline of adjacent trees. In such cases, a determination will be made by a landscape architect, or other qualified professional, as to the potential survival of the effected tree(s)and/or safety risks in leaving the tree after the clearing/grading within its dripline. 4. Land Grading: Grading will be required on less than'A acre of the site and in areas of steep slopes. All contractors and subcontractors will be required to sign and file a"Contractor Subcontractor Certification Statement"(see appendix)to assure all aspects of this Erosion& .- Sediment Control Plan are adhered to. Cr er C suit Group A While grading has already taken place on the site,the protective fence will be installed at the limits of clearing to assure no additional, unnecessary clearing takes place. Erosion control - devices(staked straw bales, silt fencing, etc.)have already been strategically positioned and installed in locations at the toe of the eastern slope, adjacent to Duck Pond Road. Additional - erosion control devices will be installed at edge of the clearing limits(down gradient of clearing, in swales, at the bottom of areas of excavation, etc.). These will be monitored throughout the grading andconstruction phases and until the site is stabilized for their effectiveness as to positioning. Additional erosion control devices will be installed as required. All erosion control structures will be monitored to assure their effectiveness. The structures will be maintained and repaired as necessary to eliminate erosion and contain siltation. Trees within the limits of clearing will be removed and chipped. Wood chips will be stock piled for use as erosion control, munching and landscaping on site. Stumps will be extracted and chipped or removed from site. The site will be"grubbed"to remove other organic material and understory where construction is required. To the extent possible, root material of the understory (vines, briers, etc.)will be left in place to help to reestablish groundcover as quickly as possible after construction is completed. The topsoil will be stockpiled on-site for reuse in final grading and landscaping. Excavation for the house foundation, sanitary and drainage systems will be required on site. Temporary depressions, swales and berms will be created within the limits of clearing to direct and contain runoff from disturbed areas. Excess excavated material not needed for final grading will be removed from site. Excavated material required for final grading will stock piled on site, within the limits of clearing. As practical, the stockpiled soils will be suitably contained with silt fencing and staked straw bales around their base(s). Tarps can also be used to prevent erosion from their surfaces. Considering the rapid permeability of the soils, erosion or sediment transport is not likely to pose a significant problem provided adequate erosion and sediment protection methods are used during construction. It is noted that the site has been cleared and excavated for sometime. Periodic inspections did not identify any significant erosion taking place on the site. It is the contractors and subcontractors responsibility to assure proper methods are provided and maintained. See appendices for specifications. Cr ler C suit Group 7 • Immediately after rough grading is complete the slopes around building and retaining walls, as r - well as any other outside of areas of active construction, will be graded to their finished slopes. These areas will be topsoiled and hydro-seeded, or otherwise vegetate and/or seeded, as well as mulched to stabilize them prior to final, permanent landscaping. No grading is to take place during rain events. However, the site must be monitored during all rain events. All erosion and sediment control structures must be inspected. They must be maintained and immediately repaired and to assure their effectiveness. Additional erosion and sediment control must be installed as required if and when any new areas of erosion, or potential erosion, is identified on site. 5. Sediment Fence and Staked Straw Bales: As noted above, sediment fence and staked straw bales will be constructed around the topsoil and excavated stockpile(s)to prevent sediment from entering areas of natural vegetation and to maintain them for later use in final grading and landscaping. The fencing and straw bales must be maintained to assure effective operation. Additional fencing and straw bales will be installed as needed through the construction phases, until the site is stabilized,to control erosion and contain sediment on site. Considering the rapid - permeability of the soils properly installed and maintained fencing and straw bales should be effective and erosion and sediment transport is not likely to pose a problem. See appendices for specifications. 6. Construction Road Stabilization: As soon as final grade is reached on the driveway,the subgrade will be graded according to the drainage plan(as approve by the Town)and stabilized with a base course of NC DOT standard ABC stone, or equal. This will stabilize the driveway and prevent erosion and dust during the construction of the buildings prior to paving. 7. Surface Stabilization: Stabilization of the surface will be accomplished with vegetation and mulch as specified in a landscaping plan. The house will landscaped with sod and various plant species. Buffer areas will be preserved outside of the proposed clearing limits. The intent of the development plan for the site is to construct the home into the existing topography with rear Cr ter C isulti Group 8 foundation walls exposed to reduce the need for grading and filling on the slope. The use of retaining walls, adjacent to the house and sanitary system, reduces the amount of grading in areas - of cuts and fills. Plant material will be used to screen and break-up the visual effects of the use of extensive retaining walls on site, as provided in the CCG planting plan. A driveway base course will be installed as soon as finished grade is reached. Considering the rapid permeability of the soils and the use of erosion and sediment controls throughout construction phases, erosion or sediment transport is not likely to pose a problem. 8. Dust Control: Dust control is not expected to be a problem due to the small area of exposure, the undisturbed perimeter of trees around the site, and the relatively short time of exposure(not to exceed 9 months). Should excessive dust be generated, it will be controlled by sprinkling. Cra ler C suit g Group 9 Construction Schedule The following is a general schedule. Please note that portion of the construction has already started on the site, but was halted to obtain the necessary variance(s)needed for setbacks from the edge of the bluff. Those portions of the schedule that have not been complied with to date will take place prior to any further activity on the site. 1) Obtain plan approval and other applicable permits. 2) Flag the work limits, covenanted areas, buffers between houses and mark any trees proposed to be saved within clearing limits for protection(if any). 3) Install protective fencing on limits of clearing. 4) Hold pre-construction conference at least one week prior to starting construction. 5) Remove vegetation within limits of clearing. Chip material and stock pile for future use. - _ 6) Install temporary gravel/wood chip construction entrance/exit. 7) Rough grade site, stockpile topsoil, install drainage systems and temporary drop inlet protection. Install sediment fence and staked straw bales as needed. Maintain all erosion and sediment control structures, including temporary drop inlet protection and provide diversions adjacent to them as required. 8) Install retaining walls and foundation. 9) Finish the slopes around building and retaining walls as soon as rough grading is complete. Hydro-seed or otherwise vegetate and mulch immediately. 10)Complete final grading for driveway and stabilize with gravel. Cr ter C suit Group 10 11)Complete final grading for buildings. 12)Complete final grading of grounds,topsoil critical areas, and permanently vegetate, landscape, and mulch. 13)All erosion and sediment control practices will be inspected weekly and during and after rainfall events. Needed repairs will be made immediately. 14)After the site is stabilized, remove all temporary measures and install permanent vegetation on the disturbed areas. 15)Estimated time before final stabilization.9 months. Croner, sult g Group 11 Maintenance Plan 1. 'All erosion and sediment control practices will be checked for,stability and operation during and following every runoff-producing rainfall but in no case less than once - every week. Any needed repairs will be made immediately to maintain all practices as designed. 2. Sediment will be removed from the drop inlet protection device(s)when storage capacity has been approximately 50%filled. Straw bales and fencing wilt be cleaned or replaced when the sediment pool no longer drains properly. 3. ,Sediment will be removed from behind the sediment fence when it becomes about 0.5 . ft deep at the fence. The sediment fence will be repaired as necessary to maintain a barrier. 4. All seeded areas will be fertilized, reseeded as necessary, and mulched according to , specifications in the vegetative plan to maintain a vigorous, dense vegetative cover. c . 5. Trucks leaving the site will be cleaned as necessary. Dirt and debris deposited on the public road will be cleaned. Cry er C sults g Group 12 APPENDICES Erosion Control Specifications: Temporary Gravel/Wood Chip Construction Entrance Page 14 Temporary Block and Gravel Drop Inlet Protection Page 15 Temporary Straw Bale and Sediment Fence Drop Inlet Protection Page 16 Tree Preservation&Protection Page 17 Land Grading Page 18 Sediment Fence Detail Page 19 Straw Bale Dike Detail Page 20 Leaching Catch Basin/Dry Well Detail Page 21 -- Contractor—Subcontractor Certification Statement Page 22 Cr ter C suit g Group IIii/ 13 TEMPORARY GRAVEL/WOOD CHIP CONSTRUCTION ENTRANCE ' p !l WAP TO PlYeKr RWioFF Gatef' PAoec' RD 'Su.O N. IO o' ' wra PWEO CCP , 26! dQ 2-y"ws' go .brotvE RA../=_L 'NTW-At-:C.E f exl7 W'VrH — 15.0' ��.MCED Tb z'S.DS A"r RSAD LF-tVGITH -- 50.01 . 61F.A.ve 2.0470 Construction Specifications 1. Clear the entrance/exit area of all vegetation,roots,and other objectionable material. 2. Grade the road foundation so that the entrance/exit will have a cross slope to the north and south and all runoff will drain away from the paved road. 3. Place stone or wood chips to the dimensions,grade and elevation shown. NOTE: Maintain the gravel pad in a condition to prevent mud or sediment from leaving the site. Should mud be tracked or washed onto Village roads,it must be removed immediately. • Cr ler C suit Group • 14 TEMPORARY BLOCK AND GRAVEL DROP INLET PROTECTION (If Required) ® ® MED GM ®B J am .. ,y,, ... INLET' c? jc v *sem "1-;soirnisus son am'Eara X00,�i•.� e IO. t ' O' o p 33 \���ppp elt30.0 USE r>.0.-r. 57 W ASvt Et, SANE_ (owe,. re se 'h't�sw w ro costa -r lee 3• r /sr OF suourc m fuhi.e.kRWatearr otla Dv. OM K4 4mg tH • E 4.0 eortL'M Row roo. VRAnNw6 , FLOOD OVERFi.Ow ..,4111111111111111‘ pI.A« Z Lo17Rses of BaCi+� • .---- i _Til .it=t I !1=' a,' " : 1—41.41 Construction Specifications 1. Lay concrete blocks on firm,smooth foundation excavated 3"below storm drain top. Place blocks against drain inlet for lateral support. 2. Place at least one concrete block on its side in each bottom row of blocks. 3. Place wire mesh with 1/2"openings over all block openings used for drainage. 4. Use D.O.T.#57 washed stone to reduce flow rate but allow drainage. Place stone on 2:1 slope to within 3"of top of block. 5. Any soil left exposed between the block and concrete drain inlet should be filled with 3"diameter stone to prevent washing when water flows over blocks into drain. Cr ler C suit g Group 15 TEMPORARY STRAW BALE AND SEDIMENT FENCE DROP INLET PROTECTION (If Required) ,z- —.4 .laked 5lraw Pales i G n o o_. o ti 0 `" . ‘‘ `tt t .7.--7–'' '''',-;.' ,r ' Inlet opening lo be Staked edinenl5l=ance [IIIIJ 1 01 �z' 3Z" gguate Slaked 5edir�ent . laked Straw Pales Fence Place bales Iighfly together, bury 4" into ground. Flood Overflow — — — .. , ..lui, . . t in itiii[ I it 4. QI y Construction Specifications 1. Lay straw bales on firm,smooth foundation excavated 4"below storm drain top. Place bales against drain inlet for lateral support. 2. Place bales tightly against one another and stake. See straw bale dike detail in this section for greater detail. 3. Place stakes for sediment fence against straw bales for lateral support. Set stakes minimum 10" into ground. 4. Surround straw bales with sediment fence. Bury sediment fence minimum of 6"and backfill with compacted material. See sediment fence detail in this section for greater detail. Cra ler C suit Group 16 TREE PRESERVATION&PROTECTION W'FO,PL''.4obeNk*L4r.*Slf. yikitirkv„doxia, 410441,1, Dap Line. I I It 41 111111 111111 12' rr fence } ri`�`� Ajhb..4 ,„ t • Drondef equr15 drip lr�e s Drive stakes firmly into ground—at least 12" NOTE: Sediment fence material,construction or snow fence may be used to build fence. CraCJ suit Group 17 LAND GRADING 1. Finished land surfaces will be graded as shown on site development plan. 2. In formalized landscape areas,cut slopes will be 3:1 or flatter for maintenance by mowing and roughened for vegetative establishment. 3. The high fill slope on the north will not be steeper than 2:1 and roughened by grooving across the slope. 4. Topsoil will be removed from areas to be graded and filled and it will be stockpiled in locations shown. 5. Areas to be filled will be cleared and grubbed. 6. Fill will be placed in layers not to exceed 9"and compacted as required in the specifications for the development plan(not a part of sediment control plan). 7. Frozen material or soft,highly compressible material will not be used as fill. 8. Fill will not be placed on a frozen surface. 9. Road and parking surfaces will be sloped as shown on site development plan to control runoff. 10. Land adjoining paved areas will be sloped no steeper than 6:1 and graded to drain as shown. 11. Surface runoff from buildings will be collected in gutters and piped to dry wells. 12. Diversions will be installed above cut slopes prior to land clearing and grading. 13. A diversion will be maintained at all times above the fill slope to prevent overflow on this steep area. 14. Cutting and filling will be done as a continuous operation until final grade is reached. Should grading be temporarily discontinued,a temporary diversion will be constructed across the middle of the disturbed area to break up the long slope to the north. 15. As soon as final grades are reached the graded areas will be stabilized in accordance with the vegetative plan. 16. An undisturbed area will be left as a buffer around the entire graded site except at road entrance. 17. When the developed site has been properly stabilized,all the temporary sediment and erosion control measures will be removed,the disturbed area graded to blend with the surrounding area, and vegetated. Cr ter C isult Group 18 Sediment Fence Detail Not to Scale Front View 36"min.fence post driven min.16"into 98'max.C.to C. ground Height of filter 16"min _ ,. ;. --;" ;.: 6"min ground level 6 11 if bottom of Woven wire fence }I trench (min.14-1/2 gauge ' max.6"mesh) 36"min fence post Filter cloth T , Cross Section Flow I 20"min Undisturbed ground Compacted soil, 90"min Embed filter ._ cloth 6"min4_ into ground Construction Specifications: 1. Woven wire fence to be fastened securely to fence posts Posts: Steel'T'or'U" with wire ties or staples. type or 2"wood., 2. Filter cloth to be fastened securelyto woven wire Fence: Woven wire 14-1/2 ga. fence with ties spaced every 24"at top and mid section. 6"max mesh opening 3. When two sections of filter cloth adjoin each other Filter Cloth: Filter X,Mirafi they shall be overlapped by six inches and folded. 900x,Stabilinka TI4011, or equal. 4Y Maintenance shall be performed as needed and material removed when'bulges"develop in the silt fence. Prefabricated Unit: Geofab Envirofence,or Source:USDA Nalunil Relourmi equal. coniervallon Services,S;racuIe.NV F Cra€ sults Group 10 Straw Bale Dike Detail Bedding Detail Flow ti t I� -� 11 II II II 4"vertical face II Il , 11 , Anchoring Detail I 1 Angle first stake toward Bound bales placed previously laid bale on contour Flow — NS) . 41011111111"--"1111010 • Law 2 re-bars or 2"x2"stakes 1-112'to 2'in ground; Drive stakes flush to bales } 4 Construction Specifications: 1. Bales shall be placed at the toe of a slope or on the contour , and in a row with ends tightly abutting the adjacent bale. 2. Each bale shall be embedded in the soil a minimum of four(4)inches, and placed so the bindings are horizontal. 3. Bales shall be securely anchored in place by either two stakes or re-bar driven through the bale. The first stake in each bale shall be driven tqoward the previously laid bale at an angle to force the bales together. Stakes shall be driven flush with the bale. 4. Inspection shall be frequent and repair replacement shall be made promtly as needed. 5. Bales shall be removed when they have served their usefulness so as not to block or impede storm flow or drainage. Source:USDA Natural Relource1 Dan unction Service,Spicule,NY Cramer C mutt g Group 111 LEACHING CATCH BASIN/DRY WELL DETAIL(TYPICAL , Use"Firm"blocks by Nlcolock Heel Fasting Gude 15cowxebgh ` 1 Vvy Om& Car ace' Frame ame IOrv/Ne/a Gros. Co; 51/Farman/ Co. ' i3 4124-10 Or Ewrvv/en. Aped Of Heol/Du/y Arani}odkFromeiavei • Curb Sfi,?rg/3/rove.5v0oe RoundF/onge .... ----, / OJr'&mi Camodd/ FauraodIiy/Wiern at/DO9 ; A • //dr/-• a `1 A OI.E /enrt 4Ii te . ice► �� / AIL B , PLAN N Y/E!1/ , , SECT/ON 2-5 OJ SECTION 8-B NTS.. "te. S ' A/ mese Cover:&ASO"Canemic For 10 Use id,/b 6"75/8°OFCove" Sae A16/e 2 ' IIIISee " = 1 Q i a DRAIN OPEN/NG.DETAIL eV9,yN 75. NOTES:n.Hiin. I.Weed Rein/breed hp Lacams. 1 l Seckans/Nei6ed ane f+36.-/c fie/A'esnearenge in Done ffechan /2:air vttrf, N,,Top, SECT/ON A-A i WS 4,0e4b.,, Leaching Catch Basin Detail' Not to Scale L Cr er 11 suit Group ' . ' - 21 CONTRACTOR—SUBCONTRACTOR CERTIFICATION STATEMENT Erosion& Sediment Control Plan(SSCP) NICHOLAS ALLIANO PROPERTY e/o Glen Court_w/o,Duck Pond Road Cutchogue, NY SCTM#1000-83-1-11 & 12 ATTENTION: The below document is required to be completed by all contractors and subcontractors prior to undertaking any construction activity on the site. "I, certify under penalty of law that I understand and agree to comply with the terms and conditions'of the ESCP for the construction site identified in such ESCP as a condition of'authorizationto construct a single family residence and associated uses on the site. I also understand that the operator must comply with all terms and conditions of the Town of Southold (et. al.), New York State Department ,of Environmental Conservation and the Suffolk County, Department of Health Services Permits issued on this site. Signature Date Name Title Company Address City,State,Zip Telephone Cr ler C suit g Group � , ` �./ 22 LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the , Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list,policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program.A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and,if necessary,modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent w ith the LWRP policy standards and conditions,it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 1000-83-142 OWNER: Nicholas Aliano 970 Route 25A,Miller Place,NY 11764 AGENT: Patricia C.Moore Esq. 51020 Main Road, Southold NY 11971 The Application has been submitted to (check appropriate response): Town Board Planning Dept. Building Dept. Board of Trustees Zoning Board of Appeals X 1. Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: X Variance / 4 . : Nature and extent of action: Owner started construction pursuant to Building Permit #31812, issued in error by the Building Department. Construction is within 100 feet of "top of bluff", the existing foundation is at 42 feet(at the closest point) from the top of the bluff therefore a variance is required. The owner had obtained a New York Sate DEC permit and Southold Town Trustee's permit. The permit was required because the edge of a retaining wall is located within the Coastal Erosion Area. The Trustees granted the permit with standard flood protection measures and the completion of a planting plan (restoration plan) prior to issuance of the Certificate of Occupancy. Location of action: 3705 Duck Pond Road (according to building permit) actual access is off of Glen Court Site acreage: 34,324 sq.ft. Present land use: vacant land (under construction) residential Present zoning classification: r-40 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a)Name of applicant: Nicholas Aliano (b)Mailing address: 970 Route 25A,Miller Place,NY 11764 (c)Telephone number: Area Code (631 ) 744-5000 ext. 201 (d)Application number, if any: ZBA appeal pending Will the action be directly undertaken,require funding, or approval by a state or federal agency? Yes X No If yes, which state or federal agency: DEVELOPED COAST POLICY Policy 1.Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III-Policies; Page 2 for evaluation criteria. X Yes No Not Applicable Existing lot located on Map of Vista Bluff, approved by the Planning Board and filed in 1968,is adjacent to Long Island Sound. The proposed house is landward of the CERA, a retaining wall required for the sanitary system is partially in the CERA and has a permit from the Southold Trustees. In accordance with the DEC permit special conditions, no concrete leachate will be discharged, nor washing of equipment,nor other activity which adversely effect tidal wetlands and/or protected buffer areas. Stabilization of disturbed areas will be achieved with appropriate vegetation,no disturbance is proposed to natural vegetation or natural topography north of the line labeled "top of bluff" on survey. Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III-Policies Pages 3 through 6 for evaluation criteria Yes No X Not Applicable Duck Pond Point is not identified as area of Archeological Sensitivity or on the National Register on Map produced by NYS Dept. Of State,Division of Coastal Resources Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III-Policies Pages 6 through 7 for evaluation criteria X Yes No Not Applicable Lands adjacent to Long Island Sound protected for both visual, economically productive and recreational resource. The development of the parcel is sensitive to preservation of Bluff. Permit agencies have review proposed activity and placed conditions intended to mitigate effect on scenic resource such as planting plan, retaining walls and drainage structures. Conditions are consistent with LISCMP(Long Island Sound Coastal Management Program)which prevents non-point source pollution, prevents flooding and erosion. NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III-Policies Pages 8 through 16 for evaluation criteria X Yes No Not Applicable Owner has implemented erosion control measures,i.e. havbales, silt fence,buffers on the down slope edge of the disturbed areas. A sediment barrier consistent with the DEC special conditions and standard storm water and pollution control measures are implemented on the site prior to and during construction. The "stop work order"has temporarily ceased activity and material on site will not withstand a long delay. Immediate steps were taken to file the ZBA appeal and applicant has requested an expedited review to mitigate potential adverse conditions on site. Attached engineering report by Hawkins,Webb,Jaeger,PLLC provides technical review of site conditions and recommendations. Project manager provides supervision of site (adjacent lots are under construction). The engineer recommends that a bulkhead at the toe of the slope be constructed (continuing bulkhead on adjacent property to applicant's property). Re- vegetation of bluff as may be required. Rain storms in early winter have caused some erosion of bluff vegetation. Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section Ill-Policies Pages 16 through 21 for evaluation criteria X Yes No Not Applicable Mitigation of impacts on water quality are achieved through stormwater and pollution control methods which have been implemented in this project. Drvwells and gutters are proposed to direct all roof runoff into onsite recharge. Groundwater protection implemented through properly engineered sanitary system which requires that the bottom of the leaching pools be located a minimum of 2 feet above seasonal high groundwater. Along Long Island Sound sanitary systems and construction activities are in excess of 100 feet from the tidal waters. Policy 6. Protect and restore the.quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III- Policies; Pages 22 through 32 for evaluation criteria. X Yes No Not Applicable More than 100 feet is maintained from the Long Island Sound, setback to the bluff is less than 100 feet,however the size of the parcel is nonconforming and the distance between the wells and sanitary limit the location of the house. Retaining walls are proposed to comply with Suffolk County Sanitary Code. Retaining was along North East side of property touch CEHA line, the Coastal Area Boundaries of New York State along Long Island Sound will not be affected because of mitigation measures implemented in the DEC and Trustees permit. Soils along Long Island Sound (Carver,Plymouth, and Riverhead Soil) are deep,course texture and excessively drained. The soils support a wide variety of native vegetation and the re-vegetative plan should take well. Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III- Policies Pages 32 through 34 for evaluation criteria. See Section III-Policies Pages; 34 through 38 for evaluation criteria. Yes No X Not Applicable Air quality will not be affected by residential use. Standard building codes compliance prohibit degradation of air quality or emissions. Efficient heating and airconditioning systems and filters protect against air quality. Policy 8. Minimize en vironmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III-Policies; Pages 34 through 38 for evaluation criteria. X Yes No Not Applicable Solid waste is controlled through town-wide recycling,no hazardous substances proposed at site. Use of natural untreated materials (CCA is discouraged by Trustees) Sanitary meets County and NYSDEC requirements,use of retaining walls with clean sand for filtration,no pesticides are proposed and turf areas are limited. Planting plan proposes indigenous and droi gixt tolerant vegetation required. PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III-Policies; Pages 38 through 46 for evaluation criteria. X Yes No Not Applicable Lot contains contiguous open space which is owned by Aliano. The open space is preserved and undeveloped. The access to the subject parcel is through Glen Court,Duck Pond Road is the rear yard. The slopes along Duck Pond Road will be stabilized with retaining walls and vegetation. The toe of the bluff should be protected by bulkhead or other acceptable material subject to Trustees and DEC review. This will be undertaken if recommended. WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III-Policies; Pages 47 through 56 for evaluation criteria. Yes No X Not Applicable Residential use of property on establish lot will not adversely impact Long Island Sound coastline. Duck Pond Road is not accessible to vehicles after construction and access is off of Glen Court. End of Duck Pond Road is a commercial motel and restaurant. Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III-Policies; Pages 57 through 62 for evaluation criteria. X Yes No Not Applicable Long Island Sound is adjacent to development of parcel, however, construction activity and proposed structures are more than 100 feet from Long Island Sound. Storm water discharge and pollution control measures are critical components of protection of living marine resources. Drvwells and gutters are proposed, and filtration and haybales are in place during construction, all measures which prevent leachate or other environmentally deleterious material associated with development from entering the waters of the Long Island Sound. + r ,s'y 1 ` Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III-Policies; Pages 62 through 65 for evaluation criteria. Yes No X Not Applicable subdivision approved by Southold Planning Board in 1968 development is adjacent to existing residential and commercial (recreational)uses. Area has not developed as agricultural are. Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III-Policies; Pages 65 through 68 for evaluation criteria. Yes No X Not Applicable Single family residential home is deemed by the Town of Southold as an appropriate permitted use with no significant drain on existing energy and mineral resources. Existing electric, gas and other resources are adequate to meet the needs of this lot. *copy of Town form created on 5/25/05 ---.- r --_ - _• -_ - _ -W& :- T---- _•_-_ _`..' 0.C,-- y„f'0�`• ././i:511-;.'.�.. _.._ --,';'7,-f.'-1-..----,: .: _i 7,-. S- . - . . . - --1. \ \ r�,rr-f• 'w O"";?F• '` ,Y .� , rte'` ` //�J. _ '�1'`r• `! _ '!•.,::,-.-....-.`-„ , . _ ' • • ` - -.V.,:_.-"L.- - : �rj t r .., u y) bf ',, ,� ' fpr ., •,-.4-1- --•••,:J, '.is.• 0'.- I t/_.':•' I p '' - ,-,'4'•' ,cam r•"• .<F - - .`1I, .,a y"•r° , ,. i' • �y j'J� j� /�q A ;It ,`'' v r, t i•:i .t ..li�.J, _ .J, •. `fd' -•> ,Y�J ' 'r:�' "'iiC yiy --_,„--r----' , (}.,-,rte+ :S �!''�•: _ • ; ;',''..-",•',;(.. 444 ` ` '" ,�,`"; ' J '�'' 'r . ,.,. rx, • M 4. rI rib' " •/'' '/y" —�,—So, .. -r.'''' 5 - ' ' ., . j \ ' •��-.L'.',+' '��`.'t' '. �i / i . . Y- + - iTT71T' 3 ' ANY ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 72090F THE NEW YORK STATE EDUCATION LAW. ,i +' EXCEPT AS PER SECTION 7209-SUBDIVISION 2. ALL CERTIFICATIONS t SURVEY OF PROPERTY HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF I. SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF 17-IE SURVEYOR :t • A T CUTCHOG UE WHOSE SIGNATURE APPEARS HEREON. LOT NUMBERS REFER TO "MAP OF VISTA BLUFF" FILED TOWN OF SOUTHOLD IN THE SUFFOLK COUNTY CLERK'S OFFICE ON MARCH SUFFOLK COUNTY, NY 15, 1968 AS FILE NO. 5060. 1000-83-01-11 & 12 ELEVATIONS REFERENCED TO N.G.V.D. SCALE: 1'=30' 0-*/ JANUARY 13, 2004 / HW N June 23, 2004 (bold P July 19, 2004 (revision) r Sept. 3, 2004 (revisions) i Jen. 13, 2005 (revisions) 6' ..r"- ..... — } Jan. 19, 2005 (revisions) CaO 0 95 5s- I Aoq,/Co 2oo5/pr'p he-) Aug. 31, 2005 (drywells etc. -'' A I W 1 N65•‘9 ��10 0R0 . �ip P 1 , 0 �' PPR /83'.-'' �'� �`3 00 ,- ---- _---- - \ PAW/ , c.$ -----_- . .' \ d ,-- / �- �. ,' . , - _ \ \ \ \ 1. x•05, i,, ,//i/'i- - ----- \ \\\ \\ \\ \ \ \\ .. ,. ,0 //////i/-- . t0 n'2 i'- _ - \ \ \ \ \ \ (0\ \ \ \f� �� 8 //�//ice/ ///�� -_\_ �_-�_' \� \ \ \ \\ \ \ \\ \ \ P -4-' ///i//ii//i/// /�--- - --- - \ \\ \ \ \ \ \\ \ \ \ \ O \ - \\ .' /i'/moi/ii//i //��-'- Z \ \ \\ \ \ \ \\ \\ \ e \ \ °:...., //./ / ///. / /i /, 1 1 1 / / ) \ \ \ \ \ \ \ \ / \ . . yam./ /, / . ./// / ./• i� \ 1 1 1 1 1 1 ( I / ) \ \ \ L�N�FO Z6 /moi ---„,..--;"...--.„,i.,...„�ii���/�j////--2;,-,!„."• -.„,r ��` \\ 1 1 \ 11 I 1 1 1 1 1 ( / / \\ \ \\ ti 6� --1Q-- i�..... . i . i ,•• �'3 i� ./ /'/// --/i'i� ♦ 1 \ '� L 1 1 \ 1 % 1 ( 1 \ \ 16-- i / . . „.•••••,,,„.•••••. „...•••,- / . ./ /• . .- 0 \ \ \ \ \ 1\,1 \ A\ \ 1 1 1 \ \- 11 1 \ \-,1 1 1 { \ 1 1 1 \ \ 26_____ �,%'///i%/i i,.� ./ _.•• ii/•4 \ , -0 \ '• 1 \ 1 1 %• a, �`.� 1 \ 1 . ; 1 ; \\ -----28-,�--. i��' j i-..ii��_ i i i� \• �Srm \ . 1 1 1 1 1 1 so,\ \ \I 1 11 _ 1 1 ---- 3• ---.....d. '//i�i�� %'� •/ • \\� 6.\\ { I\ 1 1 j 1 1 l`\, 1 1 ; \ 1 1 1 j \. --36 - � ' � // / / . � \ \��+ 1 1 1 i\ \'\'\ \e 1 {�,� 1 1 la's { \ •42- i c ,1 \ \.c1---44— / • 9 1 \ • \% - o- - /. Jfir • .�. ,..4'``, \ - - ; � -1 ` \ \ - % \ ;\ O• ,1 o / � • t • R OS -"156'''''''.513‘.• j/ '.'- �\ 1 ,i Jy `wt ::k\ ;.\ t c iQ:1�; 1\ ;�C\ ; \I \ • 1` ; " .\\N \ < , \\1% : \ . 'C--,-' 11 ' .\-:-‘,:\ N\ \ \\ `\ \ \ I1111 I I \\::) ` r`i 'SI ‘15` '‘'s ,OVit:). .- 11 ti 1 1 1 , <o , (07I�� \ \\ d 1 IN <\ }`felya't' I\Ni\' l 1�/I•.1 it ^, �� R, , ; I\ 1v •A G"�,,`}' �! \� \\ b� w 2„ . . \ 1 ' I i \ 1, '�009 \\ .i- N'� . � 1 i g Ham- �o f\ . - S. -1 - � 'g \'i 1 , 1 1 y W ?c = 1c�h 41 405 mow. �`� ./ �. `� �2r� i / j ,�2'30p PROVIDE 2 DRYWELLS 6' 0 x 5' DEEP TO HANDLE t. ;° 1 I 570 ROOF RUNOFF ' I I 1 REVEGETATE.ON TOP AND BOTTOM OF THE RETAININ& 1 '�\ / I WALLS AN. ovE'SANITARY SYSTEM. \ „yy I l I I I O' 1 l ,w cr10(• / / ,1 /i// 1 Z . �_a' _ J// / ' / Ot 6 1 1 1 / / �/ L -5' . . '�"�`� Ii 11( • `� -' / /j/ t. SUBSURFACE SEWAGE �� _ 1"Oa PA ` .E // / // {0� DISPOSAL SYSTEM —�� • I / / 6 DESIGNED BY' IIII®_ MA ELL 0 I 1 ' 1,._14)4 ' JOSEPH H. BAER, P.E. _ _ COMPACT • \ C/0 D VIRKA AND h " GRAVEL fl 1 (o SBARTILUCCI -+� CONSULTING ENGINEERS 6' - - 9 v —� Z e�� EIRIRRIm >•i 00.1 (516) 364,9890 ►/�0. >o �v s MO7 - O e 'Q. ralillial' WELL FIN. ELR. `4 COMPACTED EL 54r 53 . SAND d GRAVEL ._. E nv E149 r G 1000-83-01-11 AREA=6,474 SQ. FT TO TIE LINE - -.. SW E.1.43 • 1000-83-01-12 AREA=34,324 SQ. FT. TO TIE UNE x �� r mitt i , TW Q 40 ,- Of HEW- TESD SCALE' I" = 20' a _ BELOW ST IE\3&, _ i kt- ---c-Wir. T `- GRADE I CROSS SECTION /EL 3 5 / ill i ' � � ��\ DOUBLE TIER SEPTIC SYSTEM 1 L.P. ICY- "�t; •E= , °�1 �; �ti•i. Ni Y. "• LIC. NO. 49618 TYPICAL FULL CRIB �.--J 1 I' RETAINING WALL 20?. `" �tNl j,. w �s,,;,�R- /'.C. -• CROWD WATER — (; � � -'• (631) 765-1797 P. �n� -_ ( � COASTAL EROSION HAZARD LINE FROM SOUTHO 11971 1230 ",'IlitYargii5 T 03 303 COASTAL EROSION HAZARD AREA MAP Photo # 58-545-83 l • , , u i l /, �' PATRICIA C. MOORE Attorney at Law 44166 51020 Main Road Southold,New York 11971 Tel.(516)765-4330 Fax: (516)765-4643 1 1 February 17, 2006 Attn: Linda Zoning Board of Appeals Al-53095 Main Road PO Box 1179 Southold, NY 11971 RE: NICHOLAS ALIANO SCTM# 1000-83-1- , Hearing Date MARCH 2 2006 Dear Chairman: With reference to the above, enclosed please find 7 revised survey prints showing the 'set-backs together with Affidavit of / Mailing with my cover letter to the neighbors . I am also enclosing the Certified mail receipts . Thank you. Ver, truly y• s, PATRICli, . MOORE - t By Bet Perkins, LA bp Encls . t 'a (____41--97) LIQ ‘ji4) Y ,fr31z d!.6GV-Y PATRICIA C. MOORE Attorney at Law �'�?/ `4�f ��^ 51020 Main Road �L� Southold,New York 11971 40 1ri � FEB 0 3 2006 Tel: (631) 765-4330 ��� Fax: (631) 765-4643 Margaret Rutkowski _ ' e�' ; ! Betsy Perkins Secretary February 2, 2006 Southold Town Zoning Board of Appeals , Ruth Oliva, Chairwoman Southold Town Hall 53095 Main Road Southold, NY 11971 Re: Aliano Variance (1) Variance from Bluff (2) Variance from front yard (alternative relief) Dear Chairwoman and Board members : Enclosed please find two complete set of prints of the construction drawings reviewed by the building department and the subject of Building Permit #31583 . If you need anything else please do not hesitate to contact me . Very._t ly yours, /r / " - ricia C. Moore Lt (ms ) L 44•02410.5 ROVE vett- - m2:b wase - ---- m - RI la 0 0_ 2 a 4 cGlL.Y1 TES ..-.._... \ 44 IL •for _. 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I —- '. m 212MICA.'ft1.GOI1etIv6Tl0l� • I LIVING i I DIKR M _-___ a u, ryz x e 4001 ILL MT! . 3 #404011.1 Mr=su.WA.I MAMA --_____ROOK- I --- I !AY ANGf10R 801.1.5,2s'06• 1 - - s 0+4+01•1 to,Foam wi _______% Na MG TNAM D Q)MOW I Y TePICAALIVI ATIOti MALL§----._-. — r.•e r Vi ... .• n n r r rS6r.NS:1S•..WiV.M.,,,VP.V::rwV4WA'.ri'.:S*P.:r.:'.r.S' i ': i' .-• Q lismaye 10r G HPLL . _ —__ _._ W Kr ROM(Y6vJ s 96'OL.1�O rr >.c.�y !f r1 - •._- p� �,�T _.-. •yf`l7 y r` r RdAR I 24 OG.6�lZi 112-x24' �(u\<�G ��z _ �d` +�1� r*� \ ` 4c�` vC et Palm car.PTA Mae.W*I 457.5) 4•-•g'�i fir` a7 • - nem al UbIST. ,W\y• l'If ) a / [TI � (,Sr�f'�i. %5 rr• .;/'X71 x„' r /` In in in .. Y,?,•.: V-zl i r 7 co O s.rC -ems I ;,- , 6.4 41 ,-,,,..y, �< : x � (Qu3 - 4+ ; i ,,,/,-, ,(6:0,,,,,,yo r ,r/ / y- r r1 rr td,,,...,-,-;:-.7,3',./A-...),.4' f1• � `3Y,J� � !/C,(� \ Ear .rrr r E d � q•�aO � r�>, ,'r���w�j. x r r,','+Irk' vi :r/-Y F,, �`1,,,,,,,•I yr 4r����•.�� Hr l-J�7 fi ! �ra„wo 4-A r ,is.%, al m 0.1 C r�.-x%�.4ir'hNarti•• �v%.,4:;�a4v'li v,-a:.n'i'4-- •1.[ e?i.+6,11-s..... if,.l)'i :,;:k0 .A.. ' ' SECTION " A - A ” v -...,....„ OFFICE OF ZONING BOARD OF APPEALS Office Location: NFB Building, First Floor, 54375 Main Road at Youngs Avenue Mailing Address: 53095 Main Road, P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net (631) 765-1809 (ext. 5011 during recording) fax (631) 765-9064 TRANSMITTAL SHEET 76-s-- 46 V3 TO: (--/ea,+ FROM: .. _ _I 4 :�� , • 4 ....L L. / I DATE: / 13/ /2006 RE: / al-La./Lb — f,c_) e EM5 43 MESSAGE: ( ) Correspondence or related attached regarding the above for your information, C� l( , e I fi -) rvu. - -*(1-( t&Ytk) a.? 7a r , c_j7 b-)4 Thank you. Pages attached: -I) 7 A JErt A / Fj QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Is the subject premises listed on the real estate market for sale? c. T }*b--r) ❑Yes 0 No(O) B. Are there any proposals to change or alter land contours? avitel- B Yes ❑No 1,2,(42(f)i/l y walls �i1 fraled 4' `31�vc�a.L� Wei "% a-sf. ' t- ` C. 1)Are there any areas that contain wetland grasses? :i$/a44 J o vrt 2)Are the wetland areas shown on the map submitted with this app ication? i.ZS - 3)Is the property bulk headed between the wetlands area and the upland building area? itfo 4)If your property contains wetlands or pond areas,have you contacted the office of the Town Trustees for its determination of jurisdiction? e i wrii D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? N/.4 (If not applicable, 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 are submitting? ,{w;da (If none exist, please state "none") F. Do you have any construction taking place at this time concerning your premises? YC5 If yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state. G. Do you or any co-owner also own other land close to this parcel? Ves • If yes, please explain where or submit copies of deeds. jle.4,,.e_ec,/, - 3 ,,,„/s gyp` S-dbdwrsro•y, 5 ern c-rlt�necnis 4 . H. Please list present use or orations conducted at this p?cel 2e—a ices ,¢ice V ,4,,/ and proposed use ec i �� ✓/// 'y / / orized Signature and Date �•,•%pF SO(jp, ELIZABETH A.NEVILLE I ,`O 4 : Town Hall, 53095 Main Road TOWN CLERK 41l , P.O. Box 1179 ro, Southold, New York 11971 REGISTRAR,OF VITAL STATISTICS ; G MARRIAGE OFFICER 0 Fax(631) 765-6145 RECORDS MANAGEMENT OFFICER l �i Telephone(631) 765-1800 FREEDOM OF INFORMATION OFFICER ` yUIY 1��V/III�� , southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A.Neville DATED: February 1, 2006 RE: Zoning Appeal No. 5846 (A&B) Transmitted herewith is Zoning Appeals No. 5846 (A&B) of Nick Aliano-the Application to the Southold Town Board of Appeals for both A&B. Also enclosed is a Project Description, the Questionnaire for Filing with Your ZBA Application,Notice of Disapproval, a Stop Work Order, Building Permit, a Short Environmental Assessment Form, Transactional Disclosure Form, an LWRP Consistency Assessment Form, two letters to Mr. Aliano from Hawkins Webb Jaeger PLLC regarding the foundation inspection for new construction dated January 18th and one dated January 24th, a copy of the Coastal Erosion Management Permit, two copies of a Survey of the Property, a Planting Plan, an Elevations Plan, and ten color photographs of the property. f ' 1 ) ®J -,4 APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS _ (___ ' — -- — -- — Fa office Use Only --/ oll-10`----e-- L Fee $ Filed By p,rvi..4tP t Date Assigned/Assignment N /" ;`� Cfi Office Notes /(00 l bo i &___,„ �_� ri b'. . «.-.• -,--•NJ-, -, t/ - - - Parcel Location: House No.31cc Street Dock ?o,-,d, - Hamlet ac ed709Ue.. SCTM 1000 Section(f3 Block / Lot(s) /2. Lot Size 3g/3,24/Zone District R-41 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: Ja vat, S; zoo 4. QM efleded (-7-4144414", /3, ZOO Applicant/Owner(s): -AttGIC n/l an o Mailing Address: 1/ 5 -e/or �u r& i A tile P/acr NY //n V Telephone: to) - 7 y9--67b0o L moo/ NOTE• If applicant is not the owner,state if applicant is owner's attorney,agent,architect,builder,contract vendee,etc Authorized Representative: "ii-712_G/.1- C /7200//le" 6---s p • Address: 67(:)Z.,0 in.9-//V 74-/ , SbC/i7/0(.0 . ,,// Telephone: fP J/- 74 '/ 3O 1---709c7 5 / y3 Please specify who you wish correspondence to be mailed to, from the above listed dames: ❑ Applicant/Owner(s) Authorized Representative ❑ Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED .lujaA,4 p,ZaO( FOR: LSmtr �c p cvac/e4 Building Permit 15yW4 //'ii-oS . 9/58/ ❑ Certificate of Occupancy ❑ Pre-Certificate of Occupancy ❑ Change of Use ❑ Permit for As-Built Construction Other: Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article `XC?C/ I ) Section 100-Z 1.'i' Subsection A . I Type of Appeal. An Appeal is made for: $A Variance to the Zoning Code or Zoning Map. ❑ 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 Other A prior appeal❑ has Khas not been made with respect to this property UNDER Appeal No. Year Reason for Appeal Continued Zoning Board of Appeals re: Nicholas Aliano (variance from bluff) Pursuant to Town Law section 267b-3 the Southold Town Zoning Board of Appeals is to analyze and assess the personal benefits anticipated by the applicant against the potentially deleterious effects that a grant of the relief requested would have on the health, safety and welfare of the effected neighborhood or community. In performing this balancing test, the Zoning Board is charged with the responsibility to consider the five factors enumerated in Town Law Section 267b-3 (b) . The variance should be granted for the following reasons : 1 . No undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties, if the variance is granted. The applicant obtained Trustees, Health Department, DEC non- jurisdiction determination and a building permit . However, the building permit was issued in error because the setback to the Bluff required a variance. This lot is on Map of Vista Bluff filed in the County Clerk in 1968 . The lot is adjacent to the Bluff on the Long Island Sound, the proposed house and retaining walls were reviewed and approved by the Southold Town Trustees who granted a Coastal Erosion Hazard Permit. The House is landward of the Coastal Erosion Hazard Line. While the lot is over 1/2 acre in size the buildable area is restricted by the bluff and the topography of the property adjacent to Duck Pond Road. The location of the house was further restricted by compliance with front yard setback of 40 feet, side yard of 15 feet and Health Department regulations restricting distance of well to sanitary. The Health Department required retaining walls on the east side of the property for the sanitary rings . The house was located in line with the adjacent properties and in character with the neighboring homes . The applicant was constructing on two other properties and all the construction was scheduled to be coordinated for both efficiency and cost savings . This house has been stopped due to the need for a variance. 2 . The benefit sought by the applicant can not be achieved by some method, feasible for the applicant to pursue, other than an area variance. The house was constructed in conformance with the building permit, unfortunately the building permit was issued in error. The lot was cleared for construction and footings poured. The relocation or removal of the footings will be expensive and cause further disturbance to the property. The owner has taken great care to confirm with his engineer that the proposed location of the house and construction of the footings will not cause de-stabilization of the bluff . The engineer' s report is included in this application for the Board' s information. 3 . The area variance is not substantial The application of the balancing test weighs in favor of the grant of the variance. The lot predates the ordinance which requires setback of 100 feet from the bluff . The buildable area is approximately 75 feet in width, therefore a house could not be constructed without a variance from the bluff setback. In addition, the house could not be moved away from the bluff without violating a front yard setback. Because no matter which direction the house is located a variance is required, simultaneously with this application a front yard variance is submitted. In the event that the house is moved away from the bluff, the appeal will not be delayed due to relocation of the house. 4 . The variance will have no adverse effect or impact on the physical or environmental conditions in the neighborhood or district. The water front houses in this subdivision can not be built 100 feet from the top of the bluff because the lots are not large enough. The bluff in this area is vegetated and stable. Retaining walls and planting plans are proposed which will prevent any erosion of the property. 5 . The alleged difficulty was not self-created. The permit was issued in error at no fault of the owner. All other permits were obtained. 6 . The variance requested is the minimum variance practicable given the personal benefits anticipated by the applicant . The house plans are approved, the survey work completed, the property cleared and footings constructed. To require the house to move back away from the bluff would be a significant financial burden on the applicant and cause greater disturbance to the property. We respectfully request that the appeal be granted as applied, together with any further - l ' - that is deemed necessary and reasonable. State of New York ) ss County of Suffolk ) Sworn to this °`f day✓rF3'73A/,) D-006 �j i J ____ _ Not:ry 'Public MARGARET C. RUTKOWSKI Notary Public,State of New York No. 4982528 Qualified In Suffolk County Commission Expires June 3,.... .a'7 ,' I et 3 APPLICATION TO THE SOUTHOLD TOWN BOARD OF PPEALS . go — -- — — rot Office Gse Only 114 ` 4ie k Fee $ Filed By' Date Assigned/AssignmentgNo ►,-'' ' Office Notes { :��" �� ►'' �� s ® ? '' ®,' lr� p ei i• �� yf Parcel Location: House No3765 Street ac.ie Pond KOaed Hamlet GftiCkO7U-Q. SCTM 1000 Section j 3 Block / Lot(s) /2 Lot Size 3y32/Lone District /Z-i/o I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: 1/47-4/1.1.a..4.4, / 3, Zo& ° Applicant/Owner(s): /Vic% ,Q/t a n o Mailing Address: /1 Sailor (Bey Place. // 7G' Telephone:W9, 7 L// -5—o oc, e(f 2a NOTE: If applicant is not the owner,state if applicant is owner's attorney,agent,at chitect,builde',contract vendee,etc Authorized Representative: e4-'- uC-I,4 C • fnaon Address: 67o2.0 /72/971V 20,41.' 97u7 DtD f/ /1971 Telephone: 43/- 1/33 Please specify who you wish correspondence to be mailed to, from the above listed names: ❑ Applicant/Owner(s) 1 `Authorized Representative ❑ Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED 4 2r'o,6 FOR: ,i Building Permit ❑ Certificate of Occupancy ❑ Pre-Certificate of Occupancy ❑ Change of Use ❑ Permit for As-Built Construction Other: Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article X( V J Section 100- Z`/4' Subsection Type of Appeal. An Appeal is made for: Iy,A Variance to the Zoning Code or Zoning Map. ❑ A Variance clue to lack of access required by New York Town Law-Section 280-A. ❑ Interpretation of the Town Code,Article Section ❑ Reversal or Other A prior appeal,has lij has not been made with respect to this property UNDER Appeal No. Year . 6 6IInVL c 5/7 / '/5-04 Reason for Appeal Continued 17J� Zoning Board of Appeals re: Nicholas Aliano (variance from front yard) Pursuant to Town Law section 267b-3 the Southold Town Zoning Board of Appeals is to analyze and assess the personal benefits anticipated by the applicant against the potentially deleterious effects that a grant of the relief requested would have on the health, safety and welfare of the effected neighborhood or community. In performing this balancing test, the Zoning Board is charged with the responsibility to consider the five factors enumerated in Town Law Section 267b-3 (b) . The variance should be granted for the following reasons : 1 . No undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties, if the variance is granted. In order to provide alternative relief for variance from Bluff the only location available is by pushing the house toward the street and away from the bluff . While this relief is sought in this appeal it is not the preferred alternative. The relocation of the house 30 feet from the front yard will require new footings and revisions to the building permit. The foot print would now require the house to be turned and the plans amended to preserve the views of the Long Island Sound. 2 . The benefit sought by the applicant can not be achieved by some method, feasible for the applicant to pursue, other than an area variance. A variance from the bluff is being requested, in order to maximize the distance to the bluff a variance from the front yard would be required. 3 . The area variance is not substantial The application of the balancing test weighs in favor of the grant of the variance. The required front yard setback is 40, a 30 foot front yard setback would not create a significant change to the character of the neighborhood. The parcel fronts a cul- de-sac, only 45 linear feet of the front yard fronts the along Glen Court. The adjacent (SCTM#1000-83-1-13 ) fronts Duck Pond Road. Therefore, the reduced front yard setback of the proposed house will not be noticeable. 4 . The variance will have no adverse effect or impact on the physical or environmental conditions in the neighborhood or district . In 1968 front yard setbacks were 35 feet and there was no restriction on setback to the bluff . The variance for a 30 foot front yard is not significantly greater than the setbacks required when this subdivision was filed. l 4 Cr16, 5 . The alleged difficulty was not self-created. The applicant is requesting this variance only as a last alternative, the location of the house under the building permit which was issued in error is primarily the relief requested. All other permits were obtained, the alternative relief can not interfere with the location of the sanitary system. The well and septic location must be maintained at 150 feet and the sanitary rings must be kept at the appropriate distance to the house. 6 . The variance requested is the minimum variance practicable given the personal benefits anticipated by the applicant . The house plans are approved, the survey work completed, the property cleared and footings constructed. To require the house to move back away from the bluff would be a significant financial burden on the applicant and cause greater disturbance to the property. The location of the house, presently, is stable and at a safe distance to the bluff . We respectfully request that the appeal be granted as applied, together with any furthe - ' -f hat is deemed necessary and reasonable. State of New York ) ss County of Suffolk ) Sworn to this /7 day ciFJ Nx-00,6 Notary Public MARGARET C. RUTKOWSKI Notary Public, State of New York No. 4982528 Qualified in Suffolk County Commission Expires June 3, d 00 7 ill • t- PATRICIA C.MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel:(631)765-4330 Fax.(631)765-4643 _, _.; Margaret Rutkowski j; ' Betsy Perkins Secretary January 26, 2006 ti JAN 2 7 2006 Southold Town Zoning Board of Appeals Ruth Oliva, Chairwoman :. _ Southold Town Hall 53095 Main Road Southold, NY 11971 Re: Aliano Variance (1) Variance from Bluff (2) Variance from front yard (alternative relief) Dear Chairwoman and Board members : Enclosed please find planting plan required as a condition of the Trustees permit prior to issuance of the certificate of occupancy. In anticipation of the Zoning Board hearing Cramer Consulting Group completed the planting plan immediately. If you need anything else please do not hesitate to contact me. Very t ly yours, --.-------:::----:/---------- ricia C. Moore cc : Southold Town Trustees Mr. Aliano J PATRICIA C.MOORE Attorney at Law 51020 Main Road Southold,New York 11971Srv Tel:(631)765-4330 L/J U 17 d Fax:(631)765-4643 Margaret Rutkowski Betsy Perkins Secretary January 25, 2006 Southold Town Zoning Board of Appeals Ruth Oliva, Chairwoman Southold Town Hall 53095 Main Road Southold, NY 11971 Re: Aliano Variance (1) Variance from Bluff (2) Variance from front yard (alternative relief) Dear Chairwoman and Board members : We ask for your consideration in this application because a "Stop Work Order" was issued after excavation of the site and foundation begun. A building permit was issued in error, a variance from the bluff was required prior to construction. The site is at present stable, however, unpredictable weather conditions may impact the site and cause flooding and erosion. We would respectfully request that the Board place this matter on your next hearing calender (Feb/March) so that the issues are addressed and variance be considered. Enclosed please find original and 6 packets of the following documents : 1 . Notice of disapproval January 5th issued for bluff setback, January 13th amended to include alternative location of house which requires a front yard variance) ; 2 . Building Permit and Stop Work Order; 3 . Opinion letter from the Engineer regarding the structural integrity of the site, height of the house, and stability of the bluff; 4 . Survey of the property with proposed house presently under construction (no front yard variance will be required if variance from bluff as constructed under building permit #31583 is granted) The location of the footings was verified by Peconic Surveyors and received today; k jeijo/6 5 . Variance Application for Variance from Bluff (variance from setback to bluff - no front yard variance is required) ; 6 . Variance Application for front yard setback (in the event of alternative relief the variance is included in the public hearing notice) with a copy of the survey with a new building envelope; 7 . questionnaire & project description; 8 . Transactional disclosure form; 9 . Short EAF; 10 . Cross section showing height of house; " Copy of House Plans approved by the Building Department; 12 . Copy of DEC permit; 13 . Copy of Trustees permit; 14 . My client' s check for two variances; 15 . Photographs of the property; If you need anything else please do not hesitate to contact me. ery truly yours, Patricia C . Moore cc : Mr. Aliano OFFICE OF ZONING BOARD OF APPEALS Mailing Address: 53095 Main Road, P.O. Box 1179 Office Location: Town Annex, NFB Building, 54375 Main Road at Youngs Ave. Southold, NY 11971-0959 (631) 765-1809 fax (631) 765-9064 DATE: 1101.06° I0' w\- REPLY FORM TO: iV ct 01 o P. Yllt.e4).-p 1 ZB Ref# — - 1iNcErv-A ✓ Date of Building Inspector's Notidb of Disapproval: ✓ • 414'‘ (174The application is incomplete for the reasons noted below. Please seven (7) sets-e#Lu-t following014 I i .4-4-c14" - ( ) Please furnish seven (7) sets of the following (within about 7 days, if possible in order that the application can be advertised for the public hearing calendar date of : ). The advertising deadline is 22 days before the meeting date. You may forward the information by fax at 765-9064, however, please send the original and six sets by mail or by hand. Thank you. ( ) The map submitted does not match the information on the Building Inspector's Notice of Disapproval. Please submit the amendments dated directly to the Building Department for review, and if an amended Notice of Disapproval is issued, please furnish seven (7) copies with a cover letter confirming that the amended relief that is being added or revised in your request for variance(s). Thank you. ("24—Missing information - 7 ,fit L ltd ?fixate. j2/2,,v,aittlyi 97) 40p OTHER/INFORMATION REQUESTED, when possible (7 sets with cover/transmittal sheet): o /MatiALiaa ( ) Filing fee$ ; Check amount was: $ . Please contact our office (or send new check). Lt✓l d- ( ) Available survey showing existing property/building details, with licensed surveyor information. ( ) Architectural map or updated survey showing dimensions of existing and proposed new construction areas, setbacks to property lines, and building lot coverage calculations. lki diagram or sketch with building height (#of stories and distance from ground to top/ridge etail (and mean height, if known); also landscaping proposed in the area of the construction. 4/`O,M.� nOl. Ap q tIzoIOo0 ( ) Letter confirming status and date of review by other involved agencies for presubmission comments, or copy of up-to-date agency action. ( ) Updated single-and-separate search dated back to April 23, 1957 (Zoning Section 100-23D-4), and copies of deeds dating back to creation of original lot lines for this property. 111161111111 • Thank you. APPLICANT TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow`it to take whatever action is necessary to avoid same YOUR NAME /WLc 4h (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company If so, indicate the other person or company name) NATURE OF APPLICATION (Check all that apply) Tax Grievance Variance �0 Change of Zone Approval of Plat Exemption from Plat or Official Map Other If"Other", name the activity Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares YES NO X If you answered"YES", complete the balance of this form and date and sign where indicated Name of person employed by the Town of Southold Title or position of that person. Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply) A)the owner of greater than 5%of the shares of the corporate stock of the applicant (when the applicant is a corporation); B)the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation), C) an officer, director, partner, or employee of the applicant; or D)the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this /5 , ofd; r 21P0<41 Signature: _A47. 1_ Print Name. I,//��pF SOUjy� _ 1 ; Fax(631)765-9502 Town Hall,53095 Main Roadilig Telephone(631)765-1802 P.O.Box 1179 ith .Southold,New York 11971-0959 .`.e% ��,11� M 0 BUILDING DEPARTMENT TOWN OF SOUTHOLD STOP WORK ORDER To: NICHOLAS ALIANO 11 SAILOR COURT MILLER PLACE,N.Y.11764 YOU ARE HEREBY NOTIFIED TO SUSPEND ALL WORK AT: • 3705 DUCK POND ROAD, CUTCHOGUE,N.Y. TAX MAP NUMBER—1000-83-1-12 Pursuant to Section 100-239.4A-1 of the Code of the Town of Southold,New York, you are notified to immediately suspend all work and building activities until this order has been rescinded. BASIS OF STOP WORK ORDER: , ALL CONSTRUCTION TO BE 100 FEET BACK FROM THE BLUFF. ZONING BOARD OF APPEALS REQUIRED. - CONDITIONS UNDER WHICH WORK MAY BE RESUMED: WHEN A VARIANCE IS GRANTED FROM THE ZONING BOARD OF APPEALS. Failure to remedy the conditions aforesaid and to comply with the applicable provisions of law may constitute an offense punishable by fine or imprisonment or both. DATED: January 5,2006csc.... ._ . is1/4,‘.... .. EDWARD J.FO STER DIRECTOR OF CODE ENFORCEMENT (Cert. Mail) . .-- COMPLETE THIS SECTION ON DELIVERY SENDER: COMPLETE THIS SECTION ' A 'Signature AComplete items f,"2,and 3.Also complete Agent , ❑ item 4 if Restricted Delivery is desired. X 'f "N(u�, 0 Addressee ■ Print your name and address on the reverse so that we can return the card to you. B.' 3 C.eivea'by(Panted N Date of beliyery /�2-V '■ Attach this card to the back of the mailpiece, 0Yes ___ or on the front if space permits. D. I delivery address different from item 1? .-_ - , 1. Article Addressed to: If YES,enter delivery address below: 0 No 1Niciiolas Aliano 11 Sailor Court Miller Place, N.Y. 11764 " '' 0 s,' 3. Service Type • 0 Certified Mail 0 Express Mail 0 Registered 0 Return Receipt for Merchandise ❑ Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 7003 1010 0003 7553 3097 i (transfer from service label) 102595-014-0391 PS Form 3811,August 2001 Domestic Return Receipt •%SOF SOutis, Town Hall,53095 Main Road * * Fax(631)765-9502 P.O.Box 1179 ; G Q Telephone(631)765-1802 Southold,New York 11971-0959 `O �l ' COUNT' ''' BUILDING DEPARTMENT TOWN OF SOUTHOLD STOP WORK ORDER To: NICHOLAS ALIANO 11 SAILOR COURT MILLER PLACE,N.Y.11764 YOU ARE HEREBY NOTIFIED TO SUSPEND ALL WORK AT: 3705 DUCK POND ROAD, CUTCHOGUE,N.Y. TAX MAP NUMBER—1000-83-1-12 Pursuant to Section 100-239.4A-1 of the Code of the Town of Southold,New York, you are notified to immediately suspend all work and building activities until this order has been rescinded. BASIS OF STOP WORK ORDER: ALL CONSTRUCTION TO BE 100 FEET BACK FROM THE BLUFF. ZONING BOARD OF APPEALS REQUIRED. CONDITIONS UNDER WHICH WORK MAY BE RESUMED: WHEN A VARIANCE IS GRANTED FROM THE ZONING BOARD OF APPEALS. Failure to remedy the conditions aforesaid and to comply with the applicable provisions of law may constitute an offense punishable by fine or imprisonment or both. DATED: January 5,2006 EDWARD J. FO '4'M.TER DIRECTOR OF CODE ENFORCEMENT (Cert. Mail) ,, ,`O t, Town Hall,53095 Main Road * * Fax(631)765-9502 P.O.Box 1179 �` G 1 Telephone(631.)765-1802 Southold,New York 11971-0959 Z �� •• �y�4UMY,� '' ' BUILDING DEPARTMENT TOWN OF SOUTHOLD STOP WORK ORDER To: NICHOLAS ALIANO 11 SAILOR COURT MILLER PLACE,N.Y.11764 YOU ARE HEREBY NOTIFIED TO SUSPEND ALL WORK AT: 3705 DUCK POND ROAD, CUTCHOGUE, N.Y. TAX MAP NUMBER—1000-83-1-12 Pursuant to Section 100-239.4A-1 of the Code of the Town of Southold,New York, you are notified to immediately suspend all work and building activities until this order has been rescinded. BASIS OF STOP WORK ORDER: ALL CONSTRUCTION TO BE 100 FEET BACK FROM THE BLUFF. ZONING BOARD OF APPEALS REQUIRED. CONDITIONS UNDER WHICH WORK MAY BE RESUMED: WHEN A VARIANCE IS GRANTED FROM THE ZONING BOARD OF APPEALS. Failure to remedy the conditions aforesaid and to comply with the applicable provisions of law may constitute an offense punishable by fine or imprisonment or both. 41 DATED: January 5,2006 ad., ' EDWARD J. FO 'M.TER DIRECTOR OF CODE ENFORCEMENT (Cert. Mail) Cf t • .� a_ I/0( M/9-1.#'44. 4'2;4) 6/2",,,) t lyL?_Lye.. FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL DATE: January 5, 2006 TO: Nicholas Aliano / 970 Route 25A C"afi- 2• Miller Place,NY 11764 Please take notice that your permit dated January 5, 2006 For permit for construction of a new single family dwelling at Location of property: 3705 Duck Pond Road, Cutchogue County Tax Map No. 1000 - Section 83 Block 1 Lot 12 Is returned herewith and disapproved on the following grounds: The building department issued permit#31581Z in error, because the proposed construction is not permitted pursuant to Article XXIII Section 100-239.4 A(1)which states; "All buildings located on lots adjacent to sounds and upon which there exists a bluff or bank landward of the shore or beach shall be set back not fewer than one hundred (100) feet from the top of such bluff or bank." The proposed construction notes a+/- 30-foot setback from the top of the bluff 41111. r AM, Authori/e.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. • • �'sSVjFFOO,p' $i fi'� Southold Town Hall Annex t. 54375 Route 25,P.O. Box 1179 EDWARD FORRESTER o t Southold, New York 11971-0959 DIRECTOR OF CODE ENFORCEMENT y Z Telephone (631) 765-1939 Facsimile(631) 765-6639 'y O��i� e-mail: ' �0.( Jig .046.0ed.forrester@town.southold.ny.us TOWN OF SOUTHOLD January 6, 2006 Nicholas Aliano 11 Sailor Court Miller Place NY 11764 Re: Property at 3707 Duck Pond Road, Cutchogue. SCTM#1000-83-1-12 Dear Mr. Aliano, Please be advised that a Stop Work Order has been issued on the dwelling being constructed pursuant to Building Permit#31581 at the above referenced location. This Order does not restrict any other development being conducted pursuant to approvals from agencies other than the Southold Town Building Department. It is important to note that any work conducted must comply with the conditions of those permits. Contact the agencies involved should you consider any amendments to those approved plans. Sincerely, Edward Forrester Director of Code Enforcement cc: Building Department Town Attorney FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Hall Southold, N.Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) PERMIT NO. 31581 Z Date NOVEMBER 4, 2005 Permission is hereby granted to: NICHOLAS ALIANO 11 SAILOR COURT MILLER PLACE,NY 11764 for . CONSTRUCTION OF A NEW SINGLE FAMILY DWELLING AS APPLIED FOR PER DEC AND TRUSTEE APPROVALS at premises located at 3705 DUCK POND RD CUTCHOGUE County Tax Map No. 473889 Section 083 Block 0001 Lot No. 012 pursuant to application dated NOVEMBER 3 , 2005 and approved by the Building Inspector to expire on MAY 4 , 2007 . Fee $ 690 . 60 •1111 Auth'.rized Sign. - - ORIGINAL Rev. 5/8/02 ' r o, #OF SOUTO/ I '`O ('4 Town Hall,53095 Main Road 4 46 Fax(631)765-9502 P.O.Box 1179 G ,�` Telephone(631)765-1802 Southold,New York 11971-0959 " e I V BUILDING DEPARTMENT TOWN OF SOUTHOLD STOP WORK ORDER To: NICHOLAS ALIANO 11 SAILOR COURT MILLER PLACE,N.Y. 11764 YOU ARE HEREBY NOTIFIED TO SUSPEND ALL WORK AT: 3705 DUCK POND ROAD, CUTCHOGUE, N.Y. TAX MAP NUMBER—1000-83-1-12 Pursuant to Section 100-239.4A-1 of the Code of the Town of Southold, New York, you are notified to immediately suspend all work and building activities until this order has been rescinded. BASIS OF STOP WORK ORDER: ALL CONSTRUCTION TO BE 100 FEET BACK FROM THE BLUFF. ZONING BOARD OF APPEALS REQUIRED. CONDITIONS UNDER WHICH WORK MAY BE RESUMED: WHEN A VARIANCE IS GRANTED FROM THE ZONING BOARD OF APPEALS. Failure to remedy the conditions aforesaid and to comply with the applicable provisions of law may constitute an offense punishable by fine or imprisonment or both. DATED: January 5, 2006 EDWARD J. FO STER DIRECTOR OF CODE ENFORCEMENT (Cert. Mail) • 'e &k SOijryo Town Hall,53095 Main Road i * * Fax(631)765-9502 P.O.Box 1179 ; G 1,t Telephone(631)765-1802 Southold,New York 11971-0959 '1 i�eourt,`'�,I�1 BUILDING DEPARTMENT TOWN OF SOUTHOLD STOP WORK ORDER To: NICHOLAS ALIANO 11 SAILOR COURT MILLER PLACE,N.Y. 11764 YOU ARE HEREBY NOTIFIED TO SUSPEND ALL WORK AT: 3705 DUCK POND ROAD, CUTCHOGUE, N.Y. TAX MAP NUMBER—1000-83-1-12 Pursuant to Section 100-239.4A-1 of the Code of the Town of Southold, New York, you are notified to immediately suspend all work and building activities until this order has been rescinded. BASIS OF STOP WORK ORDER: ALL CONSTRUCTION TO BE 100 FEET BACK FROM THE BLUFF. ZONING BOARD OF APPEALS REQUIRED. CONDITIONS UNDER WHICH WORK MAY BE RESUMED: WHEN A VARIANCE IS GRANTED FROM THE ZONING BOARD OF APPEALS. Failure to remedy the conditions aforesaid and to comply with the applicable provisions of law may constitute an offense punishable by fine or imprisonment or both. DATED: January 5, 2006 EDWARD J. FO STER DIRECTOR OF CODE ENFORCEMENT (Cert. Mail) � a ' I,��, iii • Albert J.Krupski,President �000/``�oF S0045,-- Town Hall o James King,Vice-President ,°,O l0 ` 53095 Route 25 Artie Foster � P.O. Box 1179 Southold,New York 11971-0959 Ken Poliwoda N Peggy A. Dickerson ; G O 1�1 • �� �� Telephone(631) 765-1892 sire0 ,V;11°- Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD COASTAL EROSION MANAGEMENT PERMIT Permit#6113 Date: April 20, 2005 SCTM#83-1-11,12 Name of Applicant/Agent: Cramer Consulting Group Name of Permittee: Nicholas Aliano Address of Permittee: 970 Route 25A, Miller Place, NY 11764 Property Located: 3705 Duck Pond Rd, end of east side of Glen Court, Cutchogue DESCRIPTION OF ACTIVITY: Permit to construct a single family dwelling and retaining walls with the condition of drywells to contain runoff and plantings seaward of the retaining walls after construction and all as depicted on the plans surveyed by Peconic Surveyors and last dated Aug. 31, 2005. Permit to construct and complete project will expire two years from the date the permit is signed. SPECIAL CONDITIONS: (apply if marked) Bluff restoration through a re-vegetation plan is a necessary special condition of this permit. _A relocation agreement is attached hereto and is a necessary special condition of this permit. ---_�maintenance agreementis aftac edwith app icaticn and-is a necessary speci l con ition of— — -- this permit -- -- ---- - --- --------- ------ ----- Albert J. Krupski, Jr. President, Board of Trustees _-.-_ AJK/hkc NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION t' . DEC PERMIT NUMBER EFFECTIVE DATE 1-4738-03391/00001 December 28, 2004 FACILITY/PROGRAM NUMBER(S) PERMIT EXPIRATION DATE(S) Under the Environmental December 28, 2009 Conservation Law TYPE OF PERMITU New 0 Renewal 0 Modification ■ Permit to Construct 0 Permit to Operate ❑ Article 15, Title 5' Protection of Waters 0 Article 17, Titles 7, 8. SPDES 0 Article 27,Title 9; 6NYCRR 373: ❑ Article 15,Title 15:Water Supply ❑ Article 19 Air Pollution Control Hazardous Waste Management ❑ Article 15,Title 15.Water Transport ❑ Article 23,Title 27: Mined Land 0 Article e4.Management • Reclamation ❑ Article 15,Title 15: Long Island Wells 0 Article 36: Floodplain Management 0 Article 24: Freshwater Wetlands 0 Article 15, Title 27: Wild, Scenic and 0 Articles 1, 3, 17, 19, 27, 37,6NYCRR Recreational Rivers ■ Article 25:Tidal Wetlands 380• Radiation Control ❑ 6NYCRR 608•Water Quality Certifica- 0 Article 27, Title 7, 6NYCRR 360: tion Solid Waste Management PERMIT ISSUED TO TELEPHONE NUMBER Nicholas Allan° (631) 744-5000 ADDRESS OF PERMITTEE 970 Route 25A, Miller Place, NY 11764 CONTACT PERSON FOR PERMITTED WORK TELEPHONE NUMBER Cramer Consulting Group, P.O. Box 5535, Miller Place, NY 11764 (631) 476-0984 NAME AND ADDRESS OF PROJECT/FACILITY Aliano property, Glen Court, Southold SCTM #1000-83-1-11 & 12 COUNTY TOWN WATERCOURSE NYTM COORDINATES Suffolk Southold Long Island Sound DESCRIPTION OF AUTHORIZED ACTIVITY Construct a single family dwelling, septic system, driveway and retaining walls. All work must be done in accordance with the attached plans stamped NYSDEC approved on 12/27/04. • By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, the General Conditions specified (see page 2 & 3) and any Special Conditions included as part of this permit. • PERMIT ADMINISTRATOR: ADDRESS Mark Carrara (CKW) Region 1 Headquarters, Bldg #40, SUNY, Stony Brook, NY 11790-2356 AUTHORIZED SIGNATURE 4eteeL___ DATE Page 1 of 4 December 28, 2004 HAWKS WEBB JAEGER PLLC ENGINEERS ■ ARCHITECTS ® SURVEYORS • PLANNERS ESTAB 1872 WILLIAM L.JAEGER II, P.E., L.S MATTHEW D. CRANE L.S EDWARD R. MILLER,AIA FRANCIS A.HAWKINS 1913 HERMAN P HAWKINS 1962 CHARLES S.WEBB JR L S 2004 January 18, 2006 Nicholas Aliano 970 Route#25A Miller Place,New York 11764 Re: (05-190)—Foundation inspection for new construction on tax parcel # 1000-83-1-11 & 12 Dear Mr. Aliano: On January 9, 2006 I inspected the foundation on the above referenced tax parcel located in Cutchogue,New York for the purpose of determining its' structural soundness. The foundation was constructed'on a relatively flat portion of the subject parcel which has a slope with a maximum pitch of 1 on 2 commencing just off the rear wall of the foundation. The lot has an upper soil stratum of silty sand and a lower stratum of fine to coarse sand (based upon a test hole by Mc Donald Geoscience). The topographic and foundation location surveys reveal that the rear wall of the foundation was constructed where the lowest natural grade was at elevation 52.0. The foundation footing along the rear and right rear walls is 12"thick steel reinforced on a 2' spread footing that steps from 2' to 6' and could be seen to be well into virgin soil. The foundation location survey reveals that the top of footing (top of foundation stem wall) for this foundation is at elevation 54.6, which places the bottom of the footing 4'_6' into Virgin soil. The left side of the foundation is about 42' from the top of a 45' high bluff which has a slope of approximately 1 on 1.2. The base of this bluff is approximately at elevation 9 and the bottom of the footing adjacent to (and 42' from) the bluff is at elevation 54 making the footing 45' above and 96' from the base of the bluff, which makes the theoretical slope from the foundation footing to the toe of bluff a 1 on 2.1 slope. Based upon the topography, the foundation elevation, and the reported nature of construction, I find that the bottom of the footing was constructed on virgin soil uphill from a slope of 1 on 2 to the rear and above a theoretical slope of 1 on 2.1 from the toe of the bluff The soil bearing capacity for the material on this site is about 2 ton per square foot and its' natural slope of repose is approximately 1 on 1.5. Therefore, based upon the information provided,the foundation is resting on structurally adequate material and the radiation of the loading is fully within the surrounding material. Should you have any questions, or wish something additional please feel free to c.11. Sincerely, �,� +�E y t mr William L. J er P.E.,L.S. �� 3239 Route 112—Bldq 8- Suite 1, Medford, NY 11763.. l No.0149 PHONE (631)732-7777 FAX(631)732-7760 Visit our web site at www.hwiaeger.com $Sg41AL Eta" -/+ ` - ?J;`I r +�� 'r ' 4�' G ''r--..-...-••, 1• - ._, - _-i ' ` _ , ice; _ - - r1, ,'1-- - ,` ,' -.. `'`- -• r'''''' � 1,S .. , • '�Q x• 1 Y<: ..,.. .. ... . --i --.,. - ..V.)-:,. \ / ._'- " ' "t k,i�rr:' ,:�t• ~ N• - •`I .:;_r'l•:�:� I -,;,..r..,. • • "�' \ 5_ - 1- •J- t I • . = _ , • i;.. .'y `�,r. '±'4�, ,�"" r 'T' I ".' -_•_�f` _ \ ]_, _ ,7; �¢., �r �, R'r /- -._ _,:,.. r, .. .), , I�,,;�''-r�'•' '▪ ,;,�' ''trR;;;r,t•":._ =- '. ,-,";:3-4,-,-•-,- + _ ,•;`'`' '{,--'- r:r, Irl:. '!.' ` �• r.'y:T. _T4., ,.�•,.. a�rr�'" „i.">'J,' is • .,,,,,....,,",:;••_••••••;•,:-7,1- - - f•C.�'®' --,/,•-•-'.,..‘ � t - ` F - {. ••lv- �.i _\•, �y;:'?::: .% ,.V l_ .1.'.-'. Tr' r-ny,Y.';._ _ , t. ' - -'1 r- •f_: • •4 _ (y/,� j - ' , �.,41,'r. ▪ =r -.;;,4,:',,▪ 4••,• •,,N:4,,..*,,,,,• ,^L1r`;:v'• l'. i 4 rt' y. ..F. 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ALL CER77FIC SURVEY OF PROPERTY HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONI • SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SL AT CUTCHOC UE WHOSE SIGNATURE APPEARS HEREON. TOWN �T► T T1 LOT NUMBERS REFER TO "MAP- OF VISTA BLUFF" 1 O +'�'1� OF SOUTHOLD IN THE SUFFOLK COUNTY CLERK'S OFFICE ON MA SUFFOLK COUNTY, N Y• 15, 1968 AS FILE NO. 5060. 1000-83-01-11 & 12 ELEVA TIONS REFERENCED TO N.G. V D. 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S a \,, 1 .) 1 1 1 • i / I I � I j \ ( 41 U 1 \ n w GD {1(1gq4 _' ; }; 'tit I i 1f �' �1 ` I 1 I ` \ \, , 71 .....-/-\ \ \ 4.11 i0°I^J .\ .' 1 I 1 :j [ . t 1 1 1 1 ' ` ( O� �r l •Jri�rrl� �\ 4i \` \\ �”'0`464 � • t \�' 1 I���J 1 1 t' 4 � � I i C -,' \ \ , \ CI 15 1 r►j, s'/- ` ... \ \ \ 1 i 4. , \ o \1 = -\ ' / 4'A 1 1 \ t �.pQ X - � � -r���/o s ��- �`?, '�r, a`'e �� I G.�`�• N 1▪ ' 1 1 1 \ 11 I I I 9 \ , PROVIDE 2 DRYWELLS 6' x 5' DEEP TO HANDLE r i ' ;" I ,.4,z, ROOF ROOF RUNOFF r5' • REVEGETATE-ON TOP AND BOTTOM OF THE RETAINING r '`1 1 WALLS !1b Z, " SANITARY SYSTEM \� / I i I j elA'`-:0 c„•L_.L" \I f\</ 11 I I \ )/ /,,),iI _ 1 i z \ -----1, /,,�/ rv0, 6 g. - ,o - - I �,•s r1 / / / // e �/ ler-a " 'r'-, / / / 4 ��—►`� 1 oW `� j /// p SUBSURFACE SEWAGE I s8'c / i 1 ,0 DISPOSAL SYSTEM WELL j d- / / 1 ; .(§3 DESIGNED BY' h '��� S D$CT ' Xii / /�h JOSEPH H. BAER, P.E. GRAVEL m C/O DVIRKA AND s- - 474N =_►� Z °4 BAR T/L UCC/ ►��� ,( d CONSULTING ENGINEERS - ►�� CI, (516) 364-9890 WELL FIN. FLR. to 02_x11 COMPACTED EL 53 TW EL 52 • simii SAND 8 GRAVEL � '`' . ` 1°"s 1000-83-01-11 AR -6,474 SQ. FT TO UN! x 2.mot _ $.a, �*3 1000-83-01-12 AREA=34,324 SQ. AWL 2 TES r ' SCALE' /" = 20' res TW EL 40 4:0;4- �P��T.119ET �'1 DoE ST �13es p 2c CROSS SECT/ON 1 �� DOUBLE TIER SEPTIC SYSTEM {;qo .. . TYPICAL FULL CRIB 1 L.P.Lu� \� t' -� RETAINING WALL L--J Ez Re �/� j' ,1 `1 1 • ourw WATER zo, A. w"i _ • P CONIC SUR f YO' i �0 49gg8 (631) 765-5020 F' :�, N COASTAL EROSION HAZARD LINE FROM P.O. BOX 909 • • i1 #5, r X10°°, U Albert J.Krupski,President oel*of SOu4,- Town Hall James King,Vice-President °/#04- l0 53095 Route 25 Artie Foster P.O.Box 1179 Ken Poliwoda ; Southold,New York 11971-0959 Peggy A. Dickerson GQ �1� .3 . •1 Telephone(631) 765-1892 IiCOUNii*C:vi Fax(631)765-6641 opo BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD COASTAL EROSION MANAGEMENT PERMIT Permit#6113 Date: April 20, 2005 SCTM# 83-1-11,12 Name of Applicant/Agent: Cramer Consulting Group Name of.Permittee: Nicholas Aliano Address of Permittee: 970 Route 25A, Miller Place, NY 11764 Property Located: 3705 Duck Pond Rd, end of east side of Glen Court, Cutchogue DESCRIPTION OF ACTIVITY: Permit to construct a single family dwelling and retaining walls with the condition of drywells to contain runoff and plantings seaward of the retaining walls after construction and all as depicted on the plans surveyed by Peconic Surveyors and last dated Aug. 31, 2005. Permit to construct and complete project will expire two years from the date the permit is signed. SPECIAL CONDITIONS: (apply if marked) Bluff restoration through a re-vegetation plan is a necessary special condition of this permit. _A relocation agreement is attached hereto and is a necessary special condition of this permit. — _A maintenance agreementis attache—lc with pa pica ion afl i`s a necessary special condition of -- —this permit. --- ------------------- ------ - ------ Albert J. Krupski, Jr. President, Board of Trustees AJK/hkc — – — (e'V2-i (, i NA-e 5 • t LFORM NO. 3 I� TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL DATE: January 5, 2006 AMENDED: January 13, 2006 TO: Nicholas Aliano 970 Route 25A Miller Place,NY 11764 r Please take notice that your permit dated January 5, 2006 For permit for construction of a new single family dwelling at Location of property: 3705 Duck Pond Road, Cutchogue County Tax Map No. 1000 - Section 83 Block 1 Lot 12 Is returned herewith and disapproved on the following grounds: The building department issued permit#31581Z,in error,because the proposed construction is not permitted pursuant to Article XXIII Section 100=239.4 A(1)which states; "All buildings located on lots adjacent to sounds and upon which there exists a bluff or bank landward of the shore or beach shall be set back not fewer than one hundred(100) feet from the top of such bluff or bank." The proposed construction notes a+1-40-foot setback from the top of the bluff. Alternatively,the applicant to wishes to extend their front yard setback to 30 feet,which is not permitted pursuant to Article XXVI Section 100-244,which states that non-conforming lots, measuring between 20,000 square feet and 39,999 square feet in total size, require a minimum front yard setback of 40 feet. This Notice of Disapproval was amended on January 13,2006 at the request of the applicant. . ut .ri/d Sia - - 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. FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Hall Southold, N.Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) PERMIT NO. 31581 Z Date NOVEMBER 4 , 2005 Permission is hereby granted to : NICHOLAS ALIANO 11 SAILOR COURT MILLER PLACE,NY 11764 for : CONSTRUCTION OF A NEW SINGLE FAMILY DWELLING AS APPLIED FOR PER DEC AND TRUSTEE APPROVALS at premises located at 3705 DUCK POND RD CUTCHOGUE County Tax Map No. 473889 Section 083 Block 0001 Lot No. 012 pursuant to application dated NOVEMBER 3 , 2005 and approved by the Building Inspector to expire on MAY 4 , 2007 . Fee $ 690 . 60 Authorized Sign: _ - ORIGINAL Rev. 5/8/02 ' I - ,New York State D4�.-:ment of Environmental ConserWaLion Division of Environmental Permits Building 40 - SUNY, Stony Brook, NY 11790-2356 Telephone (631) 444-0368 Facsimile (631) 444-0360gala '- Website: www.dec.state.ny.us NOW Erin M. Crotty Commissioner December 28, 2004 Mr. Nicholas Aliano 970 Route 25A Miller Place, NY 11764 _ RE: 1-4738-03391/00001 Dear Permittee: In conformance with the requirements of the State Uniform Procedures Act (Article 70, ECL) and its implementing regulations (6NYCRR, Part 621) we are enclosing your permit. Please read'all conditions carefully. If you are unable to comply with any conditions, please contact us at the above address. - Also enclosed is a permit sign which is to be conspicuously posted at the project site and,protected from the weather. Sincerely, C Ca -e-- OlA Claire K.Werner ' Environmental Analyst CKW/ls { • �,�, i razes = . Albert J. Krupski, President *oE S004, . , Town Haf James King,Vice-President ' - , ,`O lc, < 53095 Route 25 Artie Foster R; ' P.O. Box 1179 t `I. Southold,New York 11971-0959, , Ken Poliwoda th N ; . Peggy A. Dickerson `��. ,�O 0 ; Telephone(631)765-1892 Old '�� Fax(631)765-6641 • ••.-...... ' i � BOARD OF TOWN TRUSTEES, , TOWN OF SOUTHOLD, ' ' ' COASTAL EROSION MANAGEMENT PERMIT ' Permit#6113 , ' Date: April 20, 2005 SCTM# 83-1-11,12. Name of Applicant/Agent: Cramer Consulting Group , Name of Permittee: Nicholas Aliano ' ' - Address of Permittee: 970 Route 25A, Miller Place, NY 11764 ' • ' Property Located: 3705 Duck Pond Rd, end of east'side'of Glen Court,,Cutchogue, DESCRIPTION OF ACTIVITY: Permit to construct a single family dwelling,and;retaining ' walls with the condition of drywells'to contain runoff and plantings seaward,of the . - ' ' " „ retaining walls after construction and all as depicted on the plans,suryeyed,by Peconic Surveyors and last dated Aug.-31, 2005., , ,_ , Permit to construct and complete project will expire two years from.the date the permit ' is signed. . , : ' „ SPECIAL CONDITIONS: (apply if marked) ° = Bluff restoration through a re-vegetation plan is a necessary special condition of this permit. '` , , , _A relocation agreement is attached hereto and is a necessary special condition of this permit.' - _A maintenance agreement,is attached with application,and is a necessary special condition of ' this permit. Albert J. Krupski; Jr. - , President, Board of Trustees AJKJhkc . , , - k ' - : „ } Albert J. Krupski, President Town Hall James King,Vice-President 53095 Route 25 Artie Foster ��:000IFFZIA.;64.--,\. G � P.O.Box 1179 ,4 �° Southold, New York 11971-0959, Ken Poliwoda Peggy A. Dickerson % ti Telephone (631) 765-1892 V p �'' Fax(631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES 72 HOURS PRIOR TO COMMENCEMENT OF THE WORK, TO MAKE AN APPOINTMENT FOR A PRE-CONSTRUCTION INSPECTION.', FAILURE TO DO SO SHALL BE CONSIDERED.A VIOLATION AND POSSIBLE REVOCATION OF THE PERMIT. --- Qemi. 603 INSPECTION SCHEDULE • Pre-construction, hay bale line - 1st day of construction '/2 'constructed , Project complete, compliance inspection. '`,- NEW`i :STATE DEPARTMENT OF ENVIRONMENTA NSERVATION 1' "DEC-?E•RMIT NUMBER - EFFECTIVE DATE 1-4738-03391/00001 December 28, 2004 FACILITY/PROGRAM NUMBER(S) 15. PERMIT EXPIRATION DATE(S) Under the Environmental December 28,2009 ' Conservation Law TYPE OF PERMIT® New 0 Renewal 0 Modification■Permit to Construct 0 Permit to Operate ❑ Article 15,Title 5: Protection of Waters 0 Article 17,Titles 7, 8. SPDES 0 Article 27,Title 9, '6NYCRR 373: Hazardous Waste Management ❑ Article 15,Title 15.Water Supply 0 Article 19:Air Pollution Control 0 Article 34: Coastal Erosion ❑ Article 15,Title 15•Water Transport 0 Article 23,Title 27: Mined Land Management ' Reclamation ❑ Article 15,Title 15: Long Island Wells 0 Article 36: Floodplain Management 0 Article 24: Freshwater Wetlands ❑Article 15,Title 27: Wild, Scenic and 0 Articles 1, 3, 17, 19, 27,37; 6NYCRR Recreational Rivers ® Article 25:Tidal Wetlands 380. Radiation Control ❑ 6NYCRR 608•Water Quality Certifica- 0 Article 27,Title 7; 6NYCRR 360: tion Solid Waste Management PERMIT ISSUED TO TELEPHONE NUMBER Nicholas Aliano (631) 744-5000 ADDRESS OF PERMITTEE 970 Route 25A, Miller Place, NY 11764 - CONTACT PERSON FOR PERMITTED WORK TELEPHONE NUMBER Cramer Consulting Group, P.O Box 5535, Miller Place, NY 11764 (631)476-0984 NAME AND ADDRESS OF PROJECT/FACILITY Aliano property, Glen Court, Southold SCTM#1000-83-1-11 & 12 COUNTY TOWN WATERCOURSE NYTM COORDINATES Suffolk . Southold Long Island Sound DESCRIPTION OF AUTHORIZED ACTIVITY: Construct a single family dwelling, septic system, driveway and retaining walls. All work must be done in accordance with the attached plans stamped NYSDEC approved on 12/27/04. By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, the General Conditions specified (see page 2 & 3) and any Special Conditions included as part of this permit. PERMIT ADMINISTRATOR: ADDRESS Mark Carrara (CKW) Region 1 Headquarters, Bldg. #40, SUNY, Stony Brook, NY 11790-2356 AUTHORIZED SIGNATURE DATE ‘eceviL__ Page 1 of 4 December 28, 2004 I • NE RK STATE DEPARTMENT OF ENVIRONMENTAL CONI TION SPECIAL CONDITIONS 1. During construction, concrete or leachate shall not escape or be discharged, nor shall washings from transit mix trucks, mixers, or other devices enter tidal wetlands and or protected buffer areas. 2. Any debris or excess material from construction of this project shall be completely removed from the adjacent area (upland) and removed to an approved upland area for disposal. No debris is permitted in tidal wetlands and or protected buffer areas. 3. All areas of soil disturbance resulting from this project shall be stabilized immediately following project completion or prior to permit expiration, whichever comes first. The approved methodologies are as follows: a. Stabilization of the entire disturbed area with appropriate vegetation (grasses, etc.). 4. The storage of construction equipment and materials shall be confined to the landward side of proposed house. 5. To protect the values of the tidal wetlands, a permanent vegetated buffer zone shall be established. There shall be no disturbance to the natural vegetation or topography north of the line labeled "Top of Bluff' . 6. Necessary erosion control measures i.e., haybales, silt fencing, etc. are to be placed on the downslope edge of any disturbed area. This sediment barrier is to be put in place before any disturbance of the ground occurs and is to be maintained in good condition until thick vegetative cover is established. 7. Roof runoff shall be directed to drywells at the corners of the proposed house for immediate on-site recharge.. 8. Sanitary system (bottom of tank and leaching pools) shall be located a minimum of 2' above seasonal high groundwater. 9. The permittee shall incorporate the following language as a notice covenant to the deed: "Regulated tidal wetlands associated with Long Island Sound are located at Suffolk County Tax Map Number: District 1000, Section 83, Block 01, Lots 11 & 12, otherwise known as the properties of Nicholas R. Aliano and his heirs, assigns,or successors. This property is subject to the provisions of New York State Environmental Conservation Law (ECL)Article 25 or its successor, and the conduct of regulated activities may occur only pursuant to ECL Article 25 if prior approval is given by the New York State Department of Environmental Conservation (NYSDEC) or its successor. Regulated activities include, but are,not limited to the erection of any structure(s); excavation; dredging grading and filling; clearing of vegetation; and application of chemicals." This deed covenant shall be recorded with the Clerk of Suffolk County within 90 days of the issuance of this permit. A copy of the covenanted deed or other acceptable proof of record, along with the number assigned to this permit, shall be sent within one calendar year of the issuance of this permit to: NYSDEC,Regional Manager, Bureau of Marine Habitat Protection, SUNY Building 40, Stony Brook, New York 11790-2356 DEC PERMIT NUMBER PAGE 2 of 4 1-4738-03391/00001 NI )RK STATE DEPARTMENT OF ENVIRONMENTAL COP IATION ' • `ADDITIONAL GENERAL CC___1TIONS FOR ARTICLES 15 (TITLE 5), L,, _5, 34 AND 6NYCRR PART 608 (TIDAL WETLANDS) 1. If future operations by the State of New York require an alteration in the position of the structure or work herein authorized, or if, in the opinion of the Department of Environmental Conservation it shall cause unreasonable obstruction to the free navigation of said waters or flood flows or endanger the health, safety or welfare of the people of the State, or cause loss or destruction of the natural resources of the State, the owner may be ordered by the Department to remove or alter the structural work,obstructions,or hazards caused thereby without expense to the State, and if, upon the expiration or revocation of this permit, the structure, fill, excavation, or other modification of the watercourse hereby authorized shall not be completed, the owners, shall, without expense to the State,and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore to its former condition the navigable and flood capacity of the watercourse. No claim shall be made against the State of New York on account of any such removal or alteration. 2. The State of New York shall in no case be liable for any damage or injury to the structure or work herein authorized which may be caused by or result from future operations undertaken by the State for the conservation or improvement of navigation, or for other purposes, and no claim or right to compensation shall accrue from any such damage. 3. Granting of this permit does not relieve the applicant of the responsibility of obtaining any other permission, consent or approval from the U.S.Army Corps of Engineers, U.S.Coast Guard, New York State Office of General Services or local government which may be required. 4. All necessary precautions shall be taken to preclude contamination of any wetland or waterway by suspended solids, sediments, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious materials associated with the project. 5. Any material dredged in the conduct of the work herein permitted shall be removed evenly, without leaving large refuse piles, ridges across the bed of a waterway or floodplain or deep holes that may have a tendency to cause damage to navigable channels or to the banks of a waterway. 6. There shall be no unreasonable interference with navigation by the work herein authorized. 7 If upon the expiration or revocation of this permit, the project hereby authorized has not been completed, the applicant shall,without expense to the State,and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore the site to its former condition. No claim shall be made against the State of New York on account of any such removal or alteration. , t 8. If granted under 6NYCRR Part 608,the NYS Department of Environmental Conservation hereby certifies that the subject project will not contravene effluent limitations or other limitations or standards under Sections 301, 302, 303, 306 and 307 of the Clean Water Act of 1977 (PL 95-217) provided that all of the conditions listed herein are met. 9. At least 48 hours prior to commencement of the project, the permittee and contractor shall sign and return the top portion of the enclosed notification form certifying that they are fully aware of and understand all terms and conditions of this permit. Within 30 days of completion of project, the bottom portion of the form must also be signed and returned, along with photographs of the completed work and, if required, a survey. 10. All activities authorized by this permit must be in strict conformance with the approved plans submittedlby the applicant or his agent as part of the permit application. Such approved plan was prepared by John T. Metzger dated 1/13/04, last revised 7/19/04. DEC PERMIT NUMBER PAGE 3 of 4 1-4738-03391/00001 N 'DRK STATE DEPARTMENT OF ENVIRONMENTAL COIATION . • 4 N( ICATION OF OTHER PERMITTEE OBI TIONS - Itein A:, Permittee Accepts Legal Responsibility and Agrees to Indemnification The permittee expressly agrees to indemnify and hold harmless the Department of Environmental Conservation of the State of New York, its representatives,employees,and agents("DEC")for all claims,suits,actions,and damages,to the extent attributable to the permittee's acts or omissions in connection with the permittee's undertaking,of activities in connection with,or operation and maintenance of,the facility or facilities authorized by the permit whether in compliance or not in compliance with the terms and conditions of the permit. This indemnification does not extend to any claims, suits, actions, or damages to the extent attributable to DEC's own negligent or intentional acts or omissions, or to any claims, suits,'or actions naming the DEC and arising under article 78 of the New York Civil Practice Laws and Rules or any citizen suit or civil rights provision under federal or state laws. Item B: Permittee'$ Contractors,to Comply with Permit The permittee is responsible for informing its independent contractors, employees, agents and assigns of their responsibility to comply with this permit, including all special conditions while acting as the permittee's agent with respect to the permitted activities, and such persons shall be subject to the same sanctions for violations,of the Environmental Conservation Law as those prescribed for the permittee. Item C: Permittee Responsible for Obtaining Other Required Permits The permittee is responsible for obtaining any other permits, approvals, lands, easements and rights-of-way that may be required to carry out the activities that are.authorized,by this permit. Item D: No Right to Trespass or Interfere with Riparian Rights This permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work nor does it authorize the impairment of any rights,title, or interest in real or personal property held or vested in a person'not a party to the permit._ GENERAL CONDITIONS . General Condition 1: Facility Inspection by the Department The permitted site or facility, including relevant records, is subject to inspection at reasonable hours and intervals by an authorized representative of the Department of Environmental Conservation (the Department)to determine whether the permitteeis complying with this permit and the ECL. Such representative may order the work suspended pursuant to ECL 71-0301 and SAPA 401(3). The permittee shall provide a person to accompany the Department's representative during an inspection to the permit area when requested by the Department. - A copy of this permit, including all referenced maps, drawings and special conditions, must be available for inspection by the Department at all times at the project site or facility. Failure to produce a copy of the permit upon request by, a Departmentrepresentative is a violation.of this permit. • General Condition 2: Relationship of this Permit to Other Department Orders and Determinations Unless expressly provided for by the Department, issuance of this permit does not modify, supersede or rescind any order or determination previously issued by the Department or any of the terms, conditions or requirements contained in suchorder or determination., General Condition 3: Applications for Permit Renewals or Modifications The permittee must submit a separate written-application to the Department for renewal, modification or transfer of this permit. Such application must include any forms or supplemental information the Department requires.;Any renewal, ' modification or transfer granted by the Department must be in writing. , The permittee must submit a renewal application at least: S • a) 180 days before expiration of permits for State Pollutant Discharge Elimination System(SPDES), Hazardous Waste Management Facilities (HWMF), major Air Pollution Control (APCj and Solid Waste,Management Facilities (SWMF); and " b) 30 days before expiration of all other permit types. " Submission of applications for permit renewal or modification are to be submitted to: NYSDEC Regional Permit Administrator, Region 1, SUNY Bldg#40, Stony Brook NY 11790-2356 General Condition 4: Permit Modifications,Suspensions and Revocations.by the Department The Department reserves the right to modify, suspend or revoke this permit in accordance with 6 NYCRR Part 621. The grounds for modification, suspension or revocation include: a) materially false or inaccurate statements in the permit application or supporting papers; b) failure by the permittee to comply with any terms or conditions of the permit; c) ,exceeding the scope of the project as described in the permit application; d) newly discovered material information or a material change in environmental conditions,•relevant'technolorgy or applicable law or regulations since the issuance of the existing permit e) noncompliance with previously issued permit conditions,orders of the commissioner,any provisions of the Environmental Conservation Law or regulations of the Department related to the permitted activity. - DEC PERMIT NUMBER PAGE 4 OF'4 1-4738-03391/00001 • • Phot Photo 2 Photo 3 B t u ff n anon edge • •41/big` .1"- .:. '',.,ii.- 4, tt*2' 1 ; - { ti l4 s� a fN m�. su aA < A [ ., r • Bluff _ ti q - � Cleared Sloper " Photo Photo 4 Photo 5 ,, •te,- • 1 ';-f,.....,...- - '' +' ,aa A4' ,11 d Toto 7 Tic,f `" ...a. h'.-. i f J .�3 % z. .s" . a� - '., . .'�,. / r -fi=x. .. Gully Vertical Face PhotoPhoto 9 8 Photo 10 • wi- -VW rix e „.. a- - .ar.n� k . • East to West Across Beach Photo 11 Photo 12 Photo 13 Photo 14 u� & $ f „�y 4 G • ,�. 5D Y4;• '' '$:,***,,,, 1',''''E tti'''''S. :,':›,, 4 x ...i"..10,Yt.:;...,...,-..-4.•::e4.:'4,•,,V,"`'•••.•• •' ' ' 0 ' ''''. £ , . .� . S„! AY r ' 3 X Toe Erosion Bulkhead : 3 Erosion of Public Access Point Duck Pond Rd. :- r n 1 OVERALL SITE PLANTING NOTES • NQ Appropnate erosion control measures to be taken to precent erosion of O\ s`e,,4' slope and silting of adjoining property and roads Measures to Include, \\O --- - but not limited to,stacked straw bales,slit screen fencing,mulching,etc. \CJ�.P`_ Erosion control measures to be constantly monitored and appropriate G 1,11 steps taken to immediately correct and/or repair to provide proper protection. \.0 0 fi' ''f 1�� ` _''�\ ,,''' Erosion control measures to remain ineffect until slope is stabilized with —_- • _----- _ \�.',- , vegetation. �e`Ne '/� / ' -_----_.--- \ \\\ \\ \\ Q' Where possible,existing trees,shrubs,stumps and roots to remain on ���'`� / ���� _ --_'�- \ •\ \ \\ \\ \\ n slope to provide stability,provide opportunity for additional plant growth ��'�//�/ i�_�� i�i`�_ =\\\\\\\\\ \ \ \ and restabiishment of previous vegetation. ' .-- o%�'/%%iii/�` '-' _=`\\t\\t t\ t \ \ \\ \\ \t 2 Slope to be hydro-seeded immediately after final grading Hydro-seeding off'.00.---1.2,,-.7,,----,-..--::-.-....-/ / / - �--' \ \ \ applicatiuon and mixture to be accordingto manufacturer's specifications ///i/i/i/i.//"",-2:::.--.- �- --_\ \ \ \ \ \ \ \ \ \ 1‘,...-\t / ///�/.�///// / //,ice_ r�-.--'� \ \ \ \ \ \\\\\ % .''\ \ 13 Suitable plant material can be substituted for plant material specified on �J�' //-, /.,413; alf1'.AatUraT B-tJlarittak e 1 i i \ \ \\\t Gia \ \ \\ 0 this planting plan only with the approval of the landscape architect 1 1 ,+y O /`j 4_ Plant material to be monitored for a two year period to assure a minimum 9V.e i� • -i• .---'// . -' / �*� 1.6/� `�.: rte/�,..-22.-..,..-•,.....",......;...--_-_-___.--...§: �// //�/i//�.J--'• Com♦ ♦ ` 1 1 1 \ \ 1 d �+,� /f:::,,-,t,. r \fit survival rate of 80%during that period. ,z • ,��_i/.//// ,�_� ♦ 1 f" 40 R Proposed lawn area to be sod 'e--- --","2 ' //�//./•/��- \ 1 t3•.+ trill ,�; _- % \ • 2,_2c - �/-------▪--------,----.."--...--3:/ �-i i,i i ii/�♦ •♦♦ ♦\ ♦1 1 1 . --r-, t 1 4111 t \ +� -2e-- .-^'-"./.,r, _ /// . . \ 1 #11 \-.1' L s•• 20-kA —_3a— ..1.-.!„2..../.7.0"2',..../ / \ Yk 1 I 1 111 \RR ���q` y,pU t'44, \ "�'.�"\• \ \\ \ I 1 `, RI i I t 1A MP .hiV ap , tl•4,1 \ 4Af ':--1'-'-''''''▪';r:';;;‘,...'-'--- ////// pr1i 'L�11 \ mo---./ ////,.` 98.\eC I 1 - ,+��� \ ` \ pv✓P6 ret3` �0 C Y 31� \ /� -,-52�' ��j i/i/ 0088.�\ 1 l 1 C \� t 1 PI\ sIRr1`.1S t`�� 1f:�.•7 \ \\ 6‘6%1‘", -_-.-, ice; \ 1 r 1 ` mot \ \ 1 1 ,..\ AV 4fekt, 9��� \ _66 \ t ;.6,-.,\,� \� ,11 \ 1) 11�010 J r 7 C.7 gi = \\o • { f , �` , • \ �\�\\\`:�1�� 11 6AR1 , � 1r c j \ g „ �C/! 1 Pa l ,1 1 I2�d p 1 �,.� \ \ d I ' �� \N I 11 `ll i `'Vy R` 1 d i 144ci'v et 1 1 m"' I /l qc, 2'I -mP \t4 s � \ I \-1�`" i .1 • 1i1 tz \ rod / j Y l � i ® 0 ba IIP 7 • • I • 9` i i j Proposed Retaining Walls r j ti �' L \ i I i / Each Approx 4'High • , 1 t 1 / / /i I `)\3 D ID 40 "/ ` //"/ P'I''. PLANTING PLAN 1 1 r- // Survey PECON CSURVEYORS PC 1 1 I ;�!;/ i 1 i 1 . ALIANO AT CUTCHOGUE Cr (er C•nsul ' _ Group • 1230 TTRAVOX ELER STREET I 1 \ / /%/ SOUTHOLD,N Y 11971 Lo abon January 13,2004 /// i e/o Glenn Court,w/o Duck Pond Road,Cutchogue,Town of Southold ��� \ i , ,, LOT NUMBERS REFER TO"MAP OF VISTA BLUFF FILED \ / I CZFYY Lod 0,km.-IsArt•PPlo^nS LM�e+medLCm>srer]d Prx eetat ALIN01 Tax Lea's 1000.83-1-11&12 MARCH 15 1968 AS FILE NO 5060 (,P i i P O Sox 5565,Mlles Place,New York:11.764 C/\.... �� ."ts� '` (631)4760984 Para 01/26106 xiitr As Scaled ELEVATIONS REFERENCED TO N G V D G'.. ' .�.` Del Twc Dr+vmLy me a,ed4:a6, 1000-33-01 A A ARE=-g 4'4 SO - -0 TSE_'NE Revamr +OCO-83.01 '2 ARE-,34 D2 SQ T TO-E LINE sheet 1 of 3 PLANT LAYOUT PLAN \ \\ \ \ �\ ��� ® `/C # Dip,,,, \ \ c\e''\ ' \ \ \ \ ‘_ Fr ( 1 Ockeo\ii *7 \ \\ \ \ \ L ti),/- ,,, .,#\eitt, , \ , \\ \ \ \ \ , .,\43-1-,,. .c. -Kr...,, s, \ , , r 41: 1 \ 1 1 \ 1 IPS,\ vi, / / 024101 i 3 \1*'-` \i lINA, \JVD ;''},� " \ \ 1� 1 \ `j.�/' 0.40.-4/�'!� 40\RR\S fl \ S \ \ 1 1 10 \. ri) 11.44 \\\ \ n Proposed Retaining Walls \ u!� , O�.♦t,41--1-4411% tip \ \ 0 ' \ _ 5-M 0 Each Approx. 4' High 1 \ \\_,i1 �_P 1� '0° e�, ei 1 i a m 20- a, \\ o 1 \ ' 1 1 I \ I �� \ \ . ;el \ 1 I 1 1 I \ t''t,� w CO Q, \ \ \ a 1 11 I I Ake MALI \ ♦ 1 f'=t0! I 8 RF 1 , \ \8-IIP \ little \ ��= \\ \ \ 1 , 10M \ �I �� \ `�� \ \ � 01 ; rr�pose'd \ \ ;u %�, SleAk, 3-\Jv \ �•,*�♦'�n 1 \ Lbw ,?�rea `" �� �� �►��� 1 \ � , \ \ 1 g1 RR\ i; 0 \`•SMF ‘ \ 1 !*'.7° \ 7-11R \ \ \ \ \ 11\tI.AQUP ,,,44 \ . , 'ek. .,-10 .i\t'7s,,--\\ \N 6-P\KI\ t3s-vkl?Ail 'III 1 IA 1 \ 'IP N o �o �� cook \ � ►1 I -IR I '�� I allak ��� 1 (OAP Aio.\vb. 1 124/1131 /(1/14:410 \ \ - var „ ti,, �� .04e.p N r %: .!.4,1100 44 4 1 \ \ \ 'i \ • 1 1,14:42/... V 1 1 iv + Cramer Consulting Group 01/26/06 cr i.r:rff CP I I I \ 1V - Q +,�. \ \ 1 1 1 1 1 ALANTIAG CUTCHOGUE 0' 10' 20' 30' 40' - \ f'\ \ \ 1 , 1 / ) Sheet 2 of 3 / / , PLANT SCHEDULE - Symbol Scientific Name (_Common Name _ Size 1 Quantity j _ JV _Juniperus virginiana Eastern Redcedar 6-7' I 17 { - MP1 Myrica pensylvanica Northern Baybe 18-24" 35 ". f RR__ I Rosa Rugosa___ _ _ Rugosa Rose 18-24" 78 RRS Rosa Rugosa ; Rugosa Rose 6-12". 40 _-_ - RA Rhus Aromatica Frangrant Sumac i 12-18" i 20 - PM Prunus maritime Beach Plum T f 18-24" 47 • .n-sk •� , - `4446-- ' . - Existing , - . - Grade - - - 3"Mulch PLANTING DETAILS - Proposed Grade " *ijj�i :„ /d///.--7 6" 8"Min ��i� ::Y .li111j'Itl :v =i - Planting on ._. _ i.ii)1 Slope Detail - 6"Min= \. , • .1,/"L" _ Note See other Planting Details for more information Not to scale Tree trunk supports 5/8" .' B(� ®�aIV de ��® rubber hose or equal i "1/4 .. r 4- ca II gauge guy wire ��- � I .. _ sl Slope to form saucer• //� 4/ 3"wood mulch � , /�` • ��' \ /. 7"wood mu eha p Stake ore ual r }' ti"mound around edge of rt Vi 'ii.l 40.011( 4••mound around edge ft qg p Ni(, . Ic * Loosen 113 ofhnrlap ball Finished grade ��f� Duel ill mixture ‘C Flnlshed¢rade �J�l 1 a //�//. /e11;141• I as per specs _ 1t ��. tiff, - ,t • WWI:, O fir: pp ff+s '- S 9\ G ;�, ( Depth varies with ball size_ \�\``�� Root ball . N, /� q�� „_� Depth sada with ball she ` Loosen 113 of burlap ball / ` Q�Q 9 ba',' ��� ' _ _— _ G'' • Backfill mixture V .\ / Undisturbed soils as per specs 4-.- nE ARM ir Undisturbed suite - - - 9''�- -f Cedar stakes minimum _ Shrub Planting Evergreen Planting I foot into undisturbed soils. Detail Not lnstale. ` Detailhoe:Trees rt s obestaked OR long darstaka Cramer Consulting Group 01/26/06 Not to scale, as shown. PLANTING PLAN ALIANO AT CUTCHOGUE Sheet 2 of 3 ,. PP* SOU C ISI D 11.91 -- % 3.44 ___._------r4F . ",.., \...,'D•6 199 . __,-- iiiiii 151 ,B this) " D. 434 SCH.D.9 1.3.4 so'"4,0'--,,.• 2.34(c) k. 53.5 b \Y° / o4 , 1.4Mo) 1,..! 6.2 ,,&i‘T` 484(6 % ''''' ' 51416 2eAtc) 1 7.5 „, '' 41 l's' $ .x.;, 2.34(c) 7.4 Z4( -H 2.84.(c) 7.3 7.74(c) z. 4,4 li 12.1A0 4, c.o., or t„ e PARite% s,..,,,% Y..4, • 'e< '„ „, :1-4' „ 4 "•.• ,,, , sill .,,„,,,•' ° ..,, 'aCkm,s 17.2 ) % *'•., m ir,,. , 2.. 37.54 COUNTY OF SUFFOLK 13 1 IDEvELOPMEN1 RIGHTS, A, .' 4 , ,tiei ...2;,, -,, t?10 :5 C'/I e (.,.,``"+. T” a PUFF iie, , • ., :. 0. o cie-ii .2' '''S '' '"' i,,.,,,ii.' et" :44-,, '1,... b rt, 4, %-4' e 4„ A ' $ e •%- ^,`°'i "' ,,,,, 4,,,,,,,, , , .4 16 4 I'Vit 30341c) i• „,, 0 '146 6.,;e: a''' -,'4,, a '4, 111 t4-4 28.74 oo tiTc) 4.7., 4IT, „,, rib. ..-.• ,..,” .,....". , *,; •1, 4," -kb . . '4, 40 e :.•..? Gr.E.,. n.3 29.7(c) •4°1 .,, „4.'1 % e FOR PCL.NO. FOR PCL.NO. FOR PCL.NO FOR PCL.NO SEE SEC.NO. SEE SEC.NO. SEE SEC NO. SEE SEC.NO. 095-01-010 095-01-011.2 095-01-009 MATCH —__--z7--- --—Z—--- SEE SEC.NO.095 --Z---- ---Z LINE 4.,.., MATCH NOTICE Bock Lod MAINTENANCE,ALTERATION,SALE C ----------- division tot No ,r,tin, ---- ---- uAiiitEESS WITTI,:arl N T,40ETHERW,ISiL,E7A NLGL PoROIsPTERRITIcETS, .--... . .ei School Oistrici tine ---SC.--- 1nrd'I'1 r"' m -ii,--- SCHOOL Fire District Line ----F--- Niue.DWI,'. E______ FIRE 2, ---Z--- 550diision Block/Me iila (21) ,,,,No C) -------- H.T,EITREA,NT ___----- DsluSFIFROIBLU,T1cOottut4UTFT ATNATXPNORAPTIOISN PR---- Deed Dimension . REFUSE_--------- water District Line ----W--- DistoricalDistrict Line —HS - Ambulance Disteld Line----A--- pApi, _.--------_ Call,e 5ine --i-------- Lismt District tine ----L--- _ ____,,--- AMBULANCE__------ .,_,-_ scaled Dimension -------- Pali District line ---P---- Wastewater District Lux Tom tine 23 Deed Area 12 1 Moll or 12.14 WASTEWATER __----_ WRIETRIALOUpTR oWpREIRT TT EyN ---.------- Sever District Line ----5---- 12.1 Mc) °No Tire CdciAaled Area TPAEXRMSIESRSVOIENE OF --- ' ' -'''''''''•T''''''''''..i./40-2/irrifjo.__WLI.7..•''''o:-.- V't fl:4-TTI---''.`., 4-4;;-.7'' c- --- . -,:' ,..', • _ rut I I-FrT1T1Tril : 1 q • Top of Bluff From 1976 - 2000 Long Island Sound North of Glenn Court, Cutchogue Town of Southold Top of 1988 1993 Bluff Bulkhead Bulkhead • Hotel SITE Glenn Court d ,41 Te01I • . . i • ' 'i 'W ! ''',ig.-' ,-‘),...--'..14.1,10At I t •- il .,-.. ty o dkr 97- //_,. -,,,k• 0*--;*:7•at'.. Arif4c-' • i 4 VO ,, VIEW FROM GLENN COURT tiP,4),,, , ,, . Aealtit,.„*-T..,..,\ t,, ' *,4e,'.' i / ,,'-- .. •- if r litt,......._%-ik.Id/ ".y.,;-:.,`:-.....-....,..4., p•., . 'If IV;...,b i'__,,,.?..tr"-.;--_ lir r 't / I ,, BEFORE CLEARING. ,,,..4-506.„,,,,:, „, .....--itp,, ,,, -•Kq, is,,,...-k•-,...-- ..-..7. • „age' -- : y 1 ' t ,kilitit.. • OEAD ---'' Afrk--0 r , , • i ii 1-.. I. pj ---/ 4 -4,14474110 ' March 2005 -.' -.'END .'., imp ' • :4- , : ;.-,- - - i ,4, . , ,fi, + I , ' . ,i'• 4 ,,, 6, , il L' • C. Water or Shoreline Not Visible. 111,--.....,-A,1:, ),,t .4... ,/ .„ 1, . ,,,fjk ct. 3 4f,„_.... -.:- „.- -;it," '".Fi'. Heavy Vegetation Screening, especially when foliage present. -- ,.. ..11.k ., ,..4 gio, ii a. ,. r..11 1 •' ''k . .,_ . • • .., li 11Rallif614"111k_2_:,"441111Mtsiii it -- - - •,, , 4‘lils • ,, iMIIIIIMMR4 111141141%! i • ' '" . • ' . 41 ' . - ' -A*, '-'1'-'-`,;,%-s•-4;--4'.;154/-1-"e,..,L*-0.1,,-,mellititie-lik.'%, ,...-- ---" '1 .._ - . View from Glenn Court after clearing. March 2006 Limited Water Views. , House will be located to right portion of photograph. Limited water views _ . . expected to be created. .. , . ,.,- ' 1 .7444 ' --* --, --= .--- — - 4-.- ---- 1-1.' :-..,..-'''-..,..., -,-. -- -• 4"--1--'X- - ..... . - . - _.. • --- ------ - --- 9 , . ,... •• , I .11 an_._,.. ..• -#4 4.1'3%t#45Wee, ---.---,_.,4, . • - , - .stij*- --•- t',- ..--'-' - •.* .. .o‘ . - --• k;4°1.1.- • s- . - ...0*-4r0000- _....- a''' - -,*%P.--1.. . -—.7••- ...".•••'—'<. It,' # r, 0 • ...-. , ie ›.-.-. . --.:4' ' -' ,•••••-•... ...... - .. 10'4',:-401155.''' . .. - agjir.‘ . rle lk...4.7".. fi+ •• .4111:NTIP ... , ..P •at • - . • '' :::::‘;..-- "es. 'If-'1A- !' - •- ' _-4,'." - \ A_ "..-- • "..:•••-• . --,e.' -•#\ . -44: • ,,r_.•, ... ". ,,... agr a:., 1.,\ -,`,i• tai-f; -' ' "•/ - • .._ ... !..- . . 171,11.1:141P ,- , jiiiiiiir 4.7-- ,1 , ,...y%. . 4.1 ,000‹. - e. - . 4eiti!' r .' filiar; A::' :-..*-: 4: - •••a isammumrrumimorm wow-. ' 7,t'",.14`*: .t. • ' '-' --...1 'OWN -- ', '.i` '05',, :• ,iie, L .-Tei--- . ii -17F-7-- 1 11 TN I 71 1 ' UI 1111 , -., - AO • .111111,ri ° ° - V"IN no r - --NE mu um NE pm wormy.1.' all kt_It :. '', ' • ,.- "e F .. . i- Ala °• a : -..- . — --- , , $, ,, it • • Is.4. 4. .fi/t . . ,. )1 . t. —0; 4 -.. i_.1•AfiC 4' ' . s ' opr , . . 4 • •1, 4' • • . „ . \ ( ‘.. 4 ..,.. . - .4. AIL 4 I 1 .., ...-..........- - • .. - . • . ji . 4 4 1 ‘1.'. ). $e .' • -"..'7": .4'' ''. r . •..3,11,. ,,,,- Y ..-. ,• , ,,I _ ' ,,0 __,,'•. t*i. -74,itt - - hcii-e, tat-e-ei i/zoio LD A k a rl 0 )1P. t „ • 4 • . _ I.� 1 .. ..� irk a Aiiiiiihh. ' -4 * `i. �� F, • ," , r ,. . ,,o, te,', ,;...?,iiktl , iN , ....,..e.:.r.--...-1...',:.,,,,..,.*: ' , _.1,,,:.. n''."" :#11P46...--. .-‘ :ir a 'r `l w • i....-.4.-" •, ►'` ..2, - . .mac " ti .1' F ,� All* ''."'"1440‘..'• ` vR � •, • Tom• �. r . ��M jIU- - i o Lou/Arc(s Cc)urc(ac-e-n r hoc) `'u -ex� 1'7-0/(3 (- A )(co c, 1.'""."."...1111.11.11•111111111MINIIIMINIIMIM \ '.::6, . ) t. '.,M" ^ ` �. .�'tet / . `� 6/101; 1!4"l' - • -. -41..r„ I _ _,k�. ♦ • .. SIVp•t;..- :1‘r:',f- 'J.-, ' ''.''" 4, _ ,,, , . '�. As ��"�"rL'P .J LC !► �,f �•,4'- r ' .. :1'. .. '+ice. •yS -a.0.y M. •�.A� '` ^ - - 16 '�� boconckRodd(�'c r YaC� �. (we - f°uncicchon l o b k�n ciup unc(c_fi an #r e-a o f re- k n' " W�.11 s (Toe tot-• 1 . '- -il ,/. i Iltf-,, ) 1" i ' - id a /_ / 1 . , . ..4, - .11;,... , \,, + _ 1 \V f)" . .., . i- .. .i ., _ .4.fie,,1'A. 4 t .,r-.`. •.'' 040 ... ,...C4r.F r' - — - I • R frill' 1 (6(oni- Yard) Vim +rom (3(en Cour L Thi,o�p l ctke, J f-Zo/ .41 ►c;on o • I . --th . . • , . • - •-, - ._____--__ *artier • - - ...., '_-.,..-- .- ' - . .... :'..Z:‘.•'•'....rZar- -. -. .... .•:''''. - s 7 . -ilK..•-_._......"--.' . ." -n• .-f.'%.,._.......- .. - :•s- •" . --..,_,A6P- . •, ---- .. . ...1•'..:-- _eq. ' ,,,g4;_,..-- .. _.,,.. - ..r....--....- -...: ,,, 6 ,-.........-." - - - • , ...„..... -", ." ..- N_. ' . .'... —..;_- lik — -. - - ._ —-A!4.-,•- . -:'.. _ ..- . ' ie.'''' *..'-- - :: .':-- .... ...a'•4 ,•-•-...1, , ,.... •' • -'..1,,.. • -..-. ' :. PI ,. _,.... :: : ..._-:.4•1110 -, .-,.....• _ . II' .. . - s. -. -• .7\ . •-- ."-v._ N.. ... , .... . , -- . 5+- . ,. . . . . . , t . ,. ,, i , 44 • Y 9. :, , (lfi _ t • it" ,, ., qi...11; I ii , ..: J...7, „:',.k..3!. • ....i' .;..4'IA' k. 4 '.'p,^ ' ,: / t•' ,- -. ".•••• ' .' • i Ilk . .or . . -. . ' ., r• -; .-: ' ' - viiv 4.- _ •i.- ,...... - . 'IA';':-4 ,:ct. )fri, - .--,..---• . I 1 *I's 4.4iikk, - - --- - ' ,-- : -, ,Av.„.4. . • ........, ea.... ...."1 .• 1 4, i.-;:.4400y, --1. -414-- . wiletr,• .--- -, , - -4,-,Ii • . ,,, 1. .i• --- ' 11P,..:: ........., -• - - "Yr ' • -.",4*-•.• , °Ii6-k t 111°'• -7 . , ••. ,- 41. .,-1,iv, _ %. t • = E . Ct 1 v or i-h - (-1-0 tAi citr-c4 b tivff- ) 1 4-k_k-cir-N s _ r .�. � r II u�44,.. d" vr A. J ill • f S Fri .� .', ' ...••••••••"4 K .,1` i . •t it, . 1 .14‹:.--;:: 11* 7" • /IOC 1 „ f • . ; `�3e._ -5 4104 y. .s,�, { � % ,,r, • f #� + .P Com.+11. F ` ' - s _ , - ' 'Jr'''Alt. '1 r CCA. c� � NOrl i h o+v '}al lie..✓) : I ja°/0 6 A- L «no 0. ANY ALTERATION OR ADD177ON TO THIS SURVEY IS A VIOLA71 OF SECTION 72090F THE NEW YORK STATE EDUCATION LAW EXCEPT AS PER SECTION 7209-SUBDIVISION 2. ALL CERTFICA=' HEREON ARE VALID FOR THIS MAP AND _COPIES THEREOF ONL•" - �r�v n V V� OOF1 PROPERTY SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE S1Fc ►J d WHOSE SIGNATURE APPEARS HEREON. AT CjJTCH®C UE LOTTNUMBERS REFER TO HE SUFFOLK COUNTY /MAP OF WSTA CLERK'S OFFICEBONFMA- l TOWN v OF SOUTHOLD IN 15, 1968 AS FILE NO. 5060. SUFFOLK COUNTY, N. Y. 1000-83-01-11 & 12ELEVATIONS REFERENCED TO N.C.V.D. SCALE: 1'=30' Pt=wN JANUARY 13, 2004 / 041 June 23, 2004 (boh) j P. July /9, 2004 (revision) t Sept. 3, 2004 frev/slons) Jan. 13, 2005 (revisions) 6j ' to . 6 Jan. 19, 2005 (revisions) $Q 95" s A,5,7 /626-(95/prep h50) �1 Aug. 3), 2005 (drywells el c. -*S ! E 04. ✓an /g, 2006(Fub� s AO 'G`A� �E 11C( /�.' Cf\ --- feb/4,ZooG ( 51) lSl� �g JJ 7 /�- `1 p - Ma/ 27,2c Ice ldf/J1, 6'� i tt - - ROS 1® AAIL �6 PLP aV 0 r I N� P if3.1° Opo ��� '-' \ 1S6 r —_. .... — \ \ •' t. pt, i __ , - , ...... 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ALL CERTIFICATIONS SURVEY OF PROPERTY HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR WHOSE SIGNATURE APPEARS HEREON. AT CUTCHOG UE LOT NUMBERS REFER TO "MAP OF VISTA BLUFF" FILED TOWN OF SOUTHOLDIN THE SUFFOLK COUNTY CLERK'S OFFICE ON MARCH SUFFOLK COUNTY, NY 15, 1968 AS FILE NO. 5060. 1000-83-01-11 & 12 ELEVA TIONS REFERENCED TO N.G. V.D. 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D • 1 EXCEPT AS PER SECTION 7209-SUBDIVISION 2. ALL CERTIFICATIONS ' - ' SUI L VE Y OF _ ' OPER T YHEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF • SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR A T CUTCHOG'UE WHOSE SIGNATURE APPEARS HEREON. LOT NUMBERS REFER: TO "MAP OF VISTA BLUFF" FILED TOWN OF SO UTHOLD IN THE SUFFOLK COUNTY CLERK'S OFFICE ON MARCH. SUFFOLK COUNTY, NY. 15, 1968 AS FILE NO., 5060. 1000-83-01—11 & 12 ELEVATIONS REFERENCED TO N.G. V.D. SCALE:, 1'=30' Pew/ N JANUARY 13, 2004 / NNW ' June 23, 2004 (bob) July /9,e 2004 (revision) t . 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I \ r .- \ " 1r-%1_,c, 1\',-°\' \ , \Q•1 ` 1 \ 1 t as '�-56/5a`. , i ( \ Aye, •` -1 \ u�'1k �-k%1 \ .\ i i } \ a7(1674,/-5 C em cc4 r) 7112 e ,sc%-m c \\: \-- , I O d n .� (�9 �A� 1 I. ► \ 1 1 \ ' I. j \ \ ' 4\., ,ice f fo a w :Act', \\ ci' < , ,,?)(it , 1 1 1 .� \ \, . I ,� flexr' , �.sf/;�� 1 \ atl „',�, r \ . �Q L(07 \ \ (, \ - �` 10. +' 1` 'j, �..a 1 1 t ii a t ? \ I "CI co `men 4,l �Ij1, �\ 11 s, 61 /, - s ie -gyp ; 11 \� e' ma 7T G c,I'�L f- \ ��� t 'G, �, 1 1. \ \e + e QQ 2. I. - .571a.k� ����' �0 7\\ 4 , -. ''``-`f� :' 111 1 1 1 i ` , �Q. � _ ca-f'h �/ o • •.I �• '�� '1g,N y , / � ) , , BMW e 3OVIDE 2 DRYWELLS 6'0 5' DEEP TO HANDLEa i \'`%` / ',�° •,, j 1/ 1570.42 2OF RUNOFF 1 I =VEGETATE ON TOP AND BOTTOM OF THE RETAINING ? �'`V..\ i I f I 1 ALLS A7412o'E$SANITARY SYSTEM. 1\ -,L-CV `ry4 I f /1 \ ( 6 1 4-•''S r• / / s' -o'�' 1 ►( -- / / // SUBSURFACE SEWAGE � ��-, 1 S1 x�.. ,III I tQS DISPOSAL SYSTEM A• / / I DESIGNED BY" coMPAcrED ' '\ • %; l Ery - JOSEPH H. BAIER, P.E. ►��� SAND B �-� 1 , / _ �� C/0 DVIRKA- AND "' GRAVEL ct, 1 ( o fel, , BARTIL,UCCI 9 d CONSULTING ENGINEERS S� =umnr���� 9 GA) (516) 364-9890 C 0 ` ' FIN. F.LR. � � ' 0 WELL EL 54 `,llialle SAND B GRA VEL _. EL 53 . • IIIIIIIIII Tv E-'48 •R TANNG 1000-83-01-11 AREA=6,474 SQ. FT JaJLE LINE • ��� \ = 8W EL 43 ALL . 1000-83-01-12 AREA=34,324 SQ.' F,)FT v UNE - _111111111.1 - SCALE4'4Pp p _ �F70 awe. CtOo "A(•(IET2 /P4_'�— ZN j� `+ v% `\ Iems � \\ iE.31 sr li IN 3g5 . .--,,- • I rw Et 35 dt ,_spa, vs .4� CROSS SECTION '" L?;',v a' SEPTIC SYS TEM L.P. 1 _ / ¢��� - st t7 _4 ' illini DOUBLE TIER i x<" PICAL FULL CRIB L_J a 2 //fie .N. Y, `3,-41 0. „49618 ETA INING WALL 20" �P CONIC SURV/EYOI?S, P;c,ge\5 Y,� GR__ WATER (631) 765-5020 A irs08' X1797 -'� P.D. BOX 909OASTAL EROSION HAZARD LINE FROM , 1230 ASTAL EROSION HAZARD AREA MAP SOUTHOLD, N R 1971 T 03 303 )olo # 58-545-83 ._ . a.. •.,,,,u.. ,. , . . .4 . . M. a...�.,. �,3..cc���...�..• -reo.a..x+r,M«:�:.x.�+u...w+w.wrwn.awas i.un<u..r,r ...r,,,....nMaF ,ma... s:...a..a..n.e•..»;...:,... ., a..er,_ ..... .. .. .....a,ewa.r<.r,w ..-...«r. ....«,. ... a-♦.n.s..:x..u-«n.�r..x•aw-::..n.««<e+-i... - ' • ANY AL TERA77ON OR ADDI TION HIS SURVEY IS A VIOLA 770N OF SECTION 72090F THE NEW YORK STATE EDUCATION LAW �r PROPERTY EXCEPT AS PER SECTION 7209—SUBDIVISION 2. ALL CERTIFICATIONS P. SURTR 1 T1 V OF P OPE b 1 1 HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF , (J F/ j' �` SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR AT C UTC ®G UE WHOSE SIGNA TURE APPEARS HEREON. (� 1 r�+ LOT NUMBERS REFER TO "MAP OF VISTA BLUFF" FILED '` O TVN OF SOUL HOLD IN THE SUFFOLK COUNTY CLERK'S OFFICE ON MARCH A' SUFFOLK COUNTY COYN. Y 15, 1968 AS FILE NO. 5060. ' 6� lV d 1V 1000-83-01-11 & 12 ELEVATIONS REFERENCED TO N.G. V.D. SCALE: 1'=30' P"I'l/ JANUARY 13, 2004 — N June 23, 2004 (boh) - PHW , July 19, 2004 (revision) Sepl. 3, 2004 (revisions) tl I. Jan. l3, 2005 (revisions) 4t ,a Jan. 19, 2005 (revisions) C�®v 9 �6 Au /Cg, 'LCioS/7(ayhye) J Aug. 31, 2005 (drywells elc. �,• ✓an /8 200(a({uG1.7gs g�(9 ��' }}yE ��� LA �V � 6 °19 55 ,;�0 m �� ®113 P�01 11 KPI. o ' + �N PPR /�3'/-'' �+ .6 i OD -, g y cr 10 �' ., - \\ t. 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I \�_= • r 1 °/ \ > / / I �' k P 1- 1 l /'2� / �/ CS 1 ,j S�� I .� \ -- _�/i / -1- 6 --- \ 1, 1l /y l / s' Y ( - �QQO / i, 11 9�� ti /j///// .1tom Y ��� �` O — ,/ / / SUBSURFACE SEWAGE a ,�_ P• `-- � \ O.On,FE5 E //, / 100 D/SP_OSA-L...S-YSTEM--- ) a .. V4 I 1 / 0 DESIGNED BY' q MrN WELL , �� I I 1 / (� JOSEPH H. BAIER, P.E. b 6' 5-.= SANDA�CTED --�' ;� \\ / -' �� C/0 DV/RKA AND h 6' 6-f GRAVEL I ( a —: BARTILUCCI 4 4N ra— CONSUL TING ENGINEERS --- t = 9v+ GO'� f (516) 364-9890 rl 0 i J Y 4'MIN � — i •.1i6 IC. E-/ WELL FIN. FLR. —kU COMPACTED EL 5,3 • , -- TW EL sz SAND GRA VEL 1000-83-01-11 AREA=6,474 SQ. FT TO TIE LINE f-------11? — RIE��NWG EL 43 1000-83-01-12 AREA=34,324 SQ,- "i1_ � LINE v� 2•MIN �-P4.4--4.40,,,,„, '4� TO'EL 4e �� �� �flE T� �'p SCALE, I' = 20 ° r�sas ��� G11 CROSS SECTION * LISLE TIER SEPTIC SYSTEM 1 L.P. I EL 3 ' /�7- ' I **de I 'C IB — -I EL 22' y lam--- ;//-�'-) Y . .�P-!E,. 0, 49..18 . AL FULLR _ _ r, B. IIN/NG WALL cRou warm 20='• _ PECONIC SURGE iii''''" . ,��g ;' (631) 765-5020 .1 : • �4— 2.,i. 797' P.O. BOX 909 4'LA'III S ;7-AL EROSION HAZARD LINE FROM 1230'TAL EROSION HAZARD AREA MAP SOU HOLDEELER N 1197ET 03 303 # 58-545-83 ) COUNTY OF SUFFOLK / STEVE LEVY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING THOMAS ISLES,AICP DIRECTOR OF PLANNING September 20,2006 Ms. Ruth Oliva, Chair Town of Southold ZBA SEP 2 2 2306 53085 Main Rd.,P.O.Box 1179 Southold,NY 11971 a i..i=.: t• fl Dear Ms. Oliva: 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 Plannmg 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 disapproval. Applicant(s) Municipal File Number(s) Manos,Peter&Arlene 5730 Klein, Geri Armine 5793 &5853 Curran, James 5795 Neumann, James 5822 Olvasid Realty* 5828 Fischer,Daniel \ 5833 Aliano,Nicholas** \5846 Hayek, Frank&Rose 5847 Miritello, Stephanie 5849 Chapman, John 5857 343 East 18 LLC (Lowry) 5860 Sweeney,Jim& Susan 5865 Ward,Richard&Susan 5867 Estate of Glenn Boocock 5868 Kennedy, Sheila 5870 Galizia,Henry 5871 Baner, John&Denise 5874 Perillo,Thomas*** 5879 Fitzpatrick,Thomas &Mary 5880 Romanelli Brothers 5882 Perry,Richard&Kim 5886 Pollio,Anne 5889 Ekster,Lawrence&Ann 5891 Deegan,Francis &Nancy 5892 Bissett; James III 5894 Sutton,Alexander&Tracy 5898 Sullivan,Robert&Jackie 5902 LOCATION MAILING ADDRESS H LEE DENNISON BLDG.-4TH FLOOR • P.O.BOX 6100 • (631)853-5190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE,NY 11788-0099 TELECOPIER(631)853-4044 1 7 -2- Latham, Stephen&Joan 5904 Fitzgerald, James 5905 Constantino,Ralph&Carmela 5908 Mascia, Philip 5899 Thermos,Barbara 5910 Gonzales, Joseph 5917 Albrecht, Scott&Wendy 5923 *The application as proposed is bordering on an overintensification of the use of the premises. The property can be reasonably developed in accordance with the existing zoning without seeking variances for an additional lot. **Staff notes the excavation for the footings and retaining walls associated with the proposed house. Limiting the size of the residence will help in minimizing impacts to the bluff. ***The proposed 15 ft.wide right-of-way should be designed as a flag lot to ensure the lot to the south will have legal access to Peconic Bay Blvd. Very truly yours, Thomas Isles,AICP Director of Planning S/s Christopher S. Wrede Environmental Planner CSW:cc LOCATION MAILING ADDRESS H.LEE DENNISON BLDG.-4TH FLOOR ■ P O.BOX 6100 ■ (631)853-5190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE,NY 11788-0099 TELECOPIER (631)853-4044 Office Location: 0/ Mailing e'p Mailing Address: . - . Town Annex/First Floor,North Fork Bank ; .. F = ; 53095 Main Road 54375 Main Road(at Youngs Avenue) TV'(at YP.O.Box 1179 Southold,NY 11971 At . 40' Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax(631) 765-9064 September 7, 2006 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: • Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: Appl. No. 5846 (Alilano, N.) Action Requested: Bluff and/or Front Yard Setback Variances Within 500 feet of: ( ) State or County Road ( x ) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Ruth D. Oliva, Chairwoman By: Enclosures r r. . . _ ,. rV1l]Ux1/ 11111 ''�JL1.O !s ` f • . . ^ Complete Land Use Services Including;Plannuig,,Design-and Environmental '- . ,' P.O.Box 5535' = - - , Miller Place,New York'11764 ' Thomas W.Cramer,Principal , ', ' • ' ' Telephone(631)4áQ984-Fax(631)476-6933 • `• .7.r',%., 'ice T cW a ✓ . 'TRANSMITTAL JUN 6 2006 „ Pa zol fo BOARD OF APPEALS To: Si4 � O \V'C't ), o'� P ' • Date: D tp ' ;� , From: __ _aCCA '� IP.' .. Re: ` t cr,rid` G��-1c,cl�' �, Documents Attached: . '- ' ' - 1 1,gOrC e For Your Use:I�i Signature: - Review: -. - •Comments: Comments: . „ r r ALIN teieNtici ilkNirtf v s \„,‘,„ . .. .. , W --.c ...> Complete Land Use Seivices--Including Planning,Design and Environmental P.O.Box 5535 Miller Place,New York 11764 Thomas W.Cramer,Principal Telephone(631)476-0984-Fax(631)476-6933 \e/ June 4, 2006 Ruth Oliva, Chairperson _` _+ • Town of Southold Zoning Board of Appeals 53095 Main Road JUN 6 2006 Southold,NY 11971 Re: Response to Fred J. Anders ZONING BOARD OF APPEALS NYSDOS, May 31, 2006 Nicholas Aliano ZBA#5846 Dear Ms. Oliva: I have reviewed the above referenced letter from the New York State Department of State and the following are my comments with regard to same. For the most part Mr. Anders makes several general statements with regard to bluff and shoreline erosion that have previously been presented and are on the record with regard to the Aliano case. However,there are a few statements made in the letter that are incorrect or that are addressed to the specific design and conditions on the Aliano site. It is assumed that Mr. Anders did not have the benefit of the proposed plans and detailed conditions on the site when he prepared his letter. First, there is only one "bluff' on the property; this is the area on the north that faces Long Island Sound. By both State and Town definitions, "bluff" means any bank or cliff with a precipitous or steeply sloped face adjoining a beach or a body of water(6 NYCRR Part 505.2.d& §37-6). The area on the east of the property is not a bluff and it is not eroding. This is, however, an area of steep slopes that the mitigation measures of the proposed project have addressed. As Mr. Anders points out,permits are required from the Southold Trustees with regard to the Coastal Erosion Hazard Areas for the project. As previously presented on the record, permits have been obtained from the Trustees for the project. In addition, permits have also been obtained from the New York State Department of Environmental Conservation and the Suffolk County Department of Health Services for the proposed action. In fact, the Town of Southold issued a building permit for the house and construction began on the home. The design of the proposed project includes substantial mitigation measures to reduce or avoid potential impacts to the site, the area, or the proposed house. These measures include,but are not limited to, containing and recharging all runoff on site, maintaining natural buffers, landscaping/revegetation plans, detailed grading plans, erosion& sediment control plans, etc. The letter points out that the average erosion rate for the north shore of Long Island is 0.8 feet per year. This is acknowledged and well documented for Long Island; however, it is an average and each site's erosion rate is different along Long Island's north shore. These differences are caused by numerous factors including,but not limited to, offshore conditions (water depth,bottom type), beach(width, height, composition), shoreline orientation, structures, runoff, groundwater, etc. At this site,the neighbor immediately to the west has testified that the erosion rate is 0.3 feet per year. As put on the record in previous reports prepared by me, a review of historic aerial photographs of the site suggests this rate of erosion or less. Therefore, Mr. Anders theoretical maximum life of the structure of 62 years is incorrect for the specific site. Based on the opposition presented by the neighbor to the west and the historical evidence the theoretical maximum life would be 167 years for this site. It should also be noted, as it has been in the past, that all of the houses in the area are set closer to the bluff than the proposed action and that this lot is a lot on a Town of Southold approved subdivision map. Thank you for your time and consideration regarding the above a,: 'f I can be of any further help, please feel free to contact me. Very truly • ,•-••/17 W. Cramer, ASLA TWC/el CC: Nicholas Aliano OFFICE OF ZONING BOARD OF APPEALS Office Location: North Fork Bank Building-First Floor, 54375 Main Road at Youngs Avenue Mailing Address: 53095 Main Road, P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net Email: Linda.Kowalskina Town.Southold.ny.us Jayne.MartinCa�Town.Southold.ny.us (631) 765-1809 (ext. 5012 or 5011 during recording) office fax (631) 765-9064 VIA FAX • MEMO • TO: 4te-,e,zip12 i k g . DATE: / .1-0 o k RE: G��.aa2 U/ Zed -114 LS!L/( trym S ,d0S1 - - /9 ?^�^ COASTAL RESOURCE" 05/31/2006 17:38 518473PAGE 02/03 •r . 4 tt h•l[r 511 Let.) ,ECEppm7 / a'noflSTATE OF NEWYORK MAY 31 ZOOS 1:4)LloIP DEPARTMENT OF STATE 41 STATE STREET• ZONING BOARD OF APPEALS ALBANY, NY 12231-0001 GEORGE E.PATAKI CHRISTOPHER L.JACOBS GOVERNOR SECRETARY pF STATE May 31,2006 Ms.Ruth Oliva,Chair Zoning Board of Appeals Town of Southold 53095 Main Road P.O.Box 1179 Southold,NY 11971-0959 Dear Chairman Oliva: I am submitting the following comments in response to your request for a geological technical opinion on the area variance application pending before the ZBA regarding suitability of tax parcel# 1000-83-1-11&12 for new residential construction. I have considered the high risk associated with construction on or adjacent to steep bluffs;the rate of shoreline erosion at this site and the potential effect an bluff stability; the liklihood of accelerated bluff recession due to altered drainage,vegetation and soil conditions;and the likely need for a shorefront bulkhead. The variance under consideration proposes constructing a new residential structure 40 to 50 feet landward of the receding edge of the coastal bluff in Southold,NY. The parcels are bounded on the north by steep, loosely consolidated glacial outwash bluffs fronting Long Island Sound,and on the east by a steep,loosely consolidated glacial outwash bluff along Duck Pond Road. The remainder of the parcel at the top of the bluff is small. Steep bluffs composed of loosely consolidated materials are well documented hazards to construction because of their geological activity. They are subject to alternating periods of stability followed by storm induced rapid erosion and/or catastrophic failure. Rapid erosion results from water flow over the surface and failure results from groundwater action within the bluff materials. Erosion of bluffs results in their steady recession,thus exposing construction near the receding edge to high risk of damage. The steep bluffs on the north side of this parcel are adjacent to Long Island Sound and are thus subject to erosion at their base due to storm waves. Failure of these bluffs occurs during storms when a combination of waves oversteepening the bluff toe and rain penetrating along the top and face of the bluff,causes the materials to fail and slide down to the beach. This natural process is essential to long term maintenance of the beach, replacing sand washed away by storms,but is detrimental to properties on the bluff. The Town of Southold administers Article 34 of the NYS Environmental Conservation Law,Coastal Erosion Hazard Areas,which • requires that in areas of coastal erosion all structures be set back landward from a receding bluff edge. This protects the natural process of bluff failure that replenishes sand to beaches,thus protecting the beach,and protects life and property on or adjacent to the bluff. • WWW.DOS•STATE•NY.US • E-MAIL:INFO@DOS.STATE.NY.US 05/31/2006 17:40 518473' ^mA COASTAL RESOURCr", PAGE 01/01 a'ECEIVE MAY 3 1 2006 Ms.Ruth Oliva, Chair Page 2 ZONING BOARD OF APPEALS • There is no data on bluff recession rates in this area,but recession rates for the beach have been documented in studies by comparing aerial photographs and maps. Bluff recession rates are generally similar in trend to beach erosion rates,although less variable through time. Beach erosion rates in this area suggest an average erosion of approximately 0.8 ft per year between 1884-85 and 1998,but over the short term,erosion of more than 3.5 ft per year has been measured. This erosion has prompted property owners to the west to install bulkheads at the bluff toe. Bulkheads can be effective at short-term reduction of bluff recession,but the long term environmental cost of altering the natural process is loss of sand supply to the fronting beaches and accelerated beach erosion. The property in question would likely need a bulkhead in the near future to prevent bluff recession and damage to new construction on the bluff, Knowing beach and bluff recession rates are related and applying the beach erosion rate for this locality, the proposed structure,set back 50 feet from the receding bluff edge,would have a theoretical maximum life of 62 years and a minimum life of about 14 years. The risk of bluff failure can be increased by drainage changes atop the bluff. In coastal and non-coastal bluffs,failure and erosion due to rain events is usually enhanced when natural conditions are altered. The presence of new impermiable surfaces and resultant concentration and alteration of drainage,changes in vegetation and soil structure,and septic system placement on a steep bluff have been responsible for accelerated bluff recession in the past at similar sites. These same factors are important in this case and will likely increase the rate of bluff recession resulting in damage to the proposed structure. Damage could also occur to neighboring properties. Sincer Iy, —11(LL4 Red J.finde` Chief,Resource anagement Bureau Division of Coastal Resources ,C+ Dvirka and d and O Bartilucci CONSULTING ENGINEERS 330 Crossways Park Drive,Woodbury, New York, 11797-2015 516-364-9890 ■ 718-460-3634 • Fax: 516-364-9045 e-mail: findingsolutions@db-eng.com j RECEIVED MAY 3 1 2006 Principals q�� Nicholas J Bartilucci,P E 0 O,1,�y �,I, President 011A-Able `Lld�V ZONING BOARD OF APPEALS Henry J Chlupsa,P E Executive Vice President Steven A Fangmann,P E May 30, 2006 Senior Vice President Richard M Welke Senior Vice President John A Mirando,P E Vice President Ruth Oliver, Chairman Anthony 0 Conetta,PE Southold Zoning Board of Appeals Vice President Dennis F Koehler,P E Southold Town Hall Vice President PO Box 1179 Joseph H Marturano Southold,NY 11971 Vice President Kenneth J Pritchard,P E Vice President Re: Lot No. 5—Cutchogue-1000-83-01 Lots 11 and 12 Theodore S Pytlar,Jr D&B No. 2175 Vice President Brian M Veith,P E Vice President Dear Ms. Oliver: Senior Associates Garrett M Byrnes,P E Thomas P Fox,PG This correspondence is sent as a follow-up to the May 22, 2006 letter from your William D Merklin,PE consultant, Mr. Mooto P.E., in regard to the sanitary system proposed for the Michael Neuberger,P E referenced ZBA application. I would also reference my letter of May 4, 2006 that Kenneth P Wenz,Jr,C PG discussed the technical aspects of the sanitary system; specifically location, Associates wastewater flow, soils, grading around the wastewater disposal system and the Joseph F Baader Suffolk County Department of Health Services (SCDHS) approval. Steven M Cabrera Rudolph F Cannavale The approval of the sanitary design by SCDHS is based on the requirements of Christopher M Clement the sanitary code and their years of experience with wastewater disposal system Stefanos J Eapen,R A installation. Mr. Mooto has agreed that the wastewater system will not subject the Joseph A Fioraliso,P E bluff to "imminent erosion." I would further comment that the SCDHS will Christopher W Francis inspect the excavated area where the leaching pool is to be installed before system Robert L Haynie,P E Michael R Hofgren installation to insure that the soil conditions are satisfactory (my May 4, 2006 Sean Peeling,PG letter, Item 3). Edward J Reilly Daniel Shebat,P E As the engineer designing the wastewater system, I am confident the system will Charles J Wachsmuth,P E not impact the existing bluff and that it can be installed as shown on the "approved to construct" drawing. A DIVISION OF WILLIAM F.COSULICH ASSOCIATES,P.C. Dvirka and Bartilucc. CONSULTING ENGINEERS Ruth Oliver, Chairman Page Two Southold Zoning Board of Appeals Southold Town Hall May 30, 2006 One last item, which I mentioned in my May 4, 2006 letter, the location of the septic tank and leaching pool can be reversed to provide additional separation(8 to 10 feet) from the bluff. If you or the Board have any further questions, please do not hesitate to contact me at 516-364- 9890. Very truly yours, o('/4 i Joseph H. Baier, P.E. Project Engineer JHB/kap cc: P. Moore, Esq. N. Aliano T. Cramer J. Mirando, P.E. (D&B) •2175vHBo6LTR-08 OFFICE OF ZONING BOARD OF APPEALS Mailing Address: 53095 Main Road, P.O. Box 1179 Office Location: Town Annex-NFB Building, 54375 Main Road at Youngs Avenue Southold, NY 11971-0959 Emails: Linda.KowalskiaTown.Southold.ny.us Jayne.MartinaTown.Southold.nv.us Lucille.Cappabiancaa,Town.Southold.nv.us http://southoldtown.northfork.net (631)765-1809 (ext. 5012, 5011) fax(631) 765-9064 REPLY FORM DATE: Mail /�.2o6 4 TO: Qc •md...-fido-r2.-) Fax# 76 S- Ili 513 Cie 'at.el ;. ZBA File# - !. /i i,/ v - � �43/04 Date of Buildi Inspector Notice of Disapproval: - , i - • Agr� ( The application is incomplete for the reasons noted below. Please furnish seven (7)sets of the following by mail or by hand delivery Thank you. (D- ( Yi--The map submitted does not match the information on the Buil ng Inspector's Notice of Disapproval. Please submit the amendments dated ,s/I/O(p directly to go/ad-U cv,‘he Building Department for review. If an amended Notice of Disapproval is issued, please furnish seven (7) copies with a cover letter confirming that the amended relief that is being added or revised in your request for variance(s). Thank you. (y4 Missinginformation: DI-1;W J OTHER/INFORMATION REQUESTED (7 sets with cover/transmittal sheet when submitting); LX ) upd-0-r-td /142, - tI ,dte >Le,- a-et „ att. nem ( ) Filing fee is $ ; Amoudue (please mail): Amount aid was: C(N/CC,w � .1a arm a Azix:a&4 o J at/451:3 *o-1 L14f ' Availab a survey showing existing property/building details,with licensed surveyor information. 4s.0. 1411 ( ) Architectural map or updated survey showing dimensions of existing and proposed new construction areas, setbacks to property lines, and building lot coverage calculations. ( ) Rough diagram or sketch with building height data (# of stories and distance from ground to top of ridge (and mean height, if known); ( ) elevation from all sides; ( ) landscaping in area of constru�ctiionn. ,,/ )2 . ftev Teti Va- t i ems, a j�t� 9L/' ( e er confirming status nd ate of review by other involved agencies or presubmission comments, or copy of up-to-date agency action. ( ) Updated single-and-separate search dated back to April 23, 1957 (Zoning Section 100-23D-4), and copies of deeds dating back to creation of original lot lines for the property in the unmerger request. ( c ate, A :1)6 A4-0Lis -Fral 6/;)( Cit-,n a Ciery.:=‘,24.4_, Attre_t_iaw Thank you. 61ale APPLICATION' -THE SOUTHOLD TOWN ZONINiti DARD OF APPEALS For Office Use Only Fee:$ Filed By: Date Assigned/Assignment No. _ Office Notes: Parcel Location: House No. Street Hamlet SCTM 1000 Section Block Lot(s) Lot Size Zone District I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: - for Applicant/Owner(s): Mailing Address: Telephone: Fax: NOTE: If applicant is not the owner,state below if applicant is owner's attorney,agent,architect,builder,contract vendee,etc. Authorized Representative: Address: Telephone: Fax: Please specify who you wish correspondence to be mailed to,from the above listed names: ❑Applicant/Owner(s) ❑Authorized Representative ❑Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED FOR: ❑Building Permit ❑Certificate of Occupancy ❑Pre-Certificate of Occupancy ❑ Change of Use ❑Permit for As-Built Construction Other: Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article Section 100- Subsection Type of Appeal. An Appeal is made for: ❑A Variance to the Zoning Code or Zoning Map. ❑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 Other A prior appeal❑has❑has not been made with respect to this property UNDER Appeal No. Year (for current and all prior owners). Name of Owners: Appeal No. REASONS FOR APPEAL(additional sheets may be used with applicant's signature): AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted,because: (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: (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 alleged difficulty been self-created? ( )Yes, or ( )No. Does this variance involve as-built construction or activity? ( )Yes,or( )No. 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. Check this box ( ) IF A USE VARIANCE IS BEING REQUESTED,AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure to consult your attorney.) Signature of Appellant (Agent must submit written Authorization from Owner) Sworn to before me this day of ,20 Notary Public A API OFFICE OF ZONING BOARD OF APPEALS Office Location: North Fork Bank Building-First Floor, 54375 Main Road at Youngs Avenue Mailing Address: 53095 Main Road, P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net Email: Linda.Kowalski(a�Town.Southold.ny.us Jayne.Martin(c�Town.Southold.ny.us ' (631) 765-1809 (ext. 5012 or 5011 during recording) office fax (631) 765-9064 VIA FAX ? G � - � 3 MEMO TO: `Pam 0-014 8-9--21 DATE: 7 d.D o ,b RE: S`Pg6— Q- ttr e o • 411 WNW() r'F P O f3on 12J1 VV sthamptoi'. Cao ich NY 119 '8 t7 R . , � May 22, 2006 Ms. Ruth Oliver, Chairperson MAY 2 4 2006 Town of Southold ZBA Southold Town Hall PO Box 1179 Southold NY 11971 RE: Aliano Property—Duck Pond Road SCTM# 1000-83-01-12 (Revised 5-2406 Revisions in underlined Italics) The following comments pertain to submissions and testimony made by the applicant's representative and are categorized by each submission as follows: 1) Draft Minutes from ZBA Hearing 4/27/06 • Mr. Cramer references testimony from an adjacent property owner who had placed a flagpole 18 feet from the bluff, and who was able to measure the erosion rate. John Kailas made the testimony during the March 30, 2006 hearing.Mr. Kailas' testimony was that they have lived there for about 18 years (so since 1988) and they constructed a bulkhead(as toe protection) shortly after moving in. The bulkhead was constructed as .."we have seen a fair amount of erosion through the years that we have been there, and aside from the bulkhead, it's been hard to control."Mr. Kailas also testified that the bluff only eroded about 2 feet over that period. This testimony only serves to reinforce recommendations for toe protection in this arca to control bluff erosion and recession. Without toe protection, it is highly likely that greater bluff recession would have been experienced at the Kailas property. • The philosophy of a setback line for coastal development is based on the concept of locating development out of hann's way over the anticipated design life of the development. Beach erosion and bluff recession arc natural processes that arc not usually a problem,until it affects the built environment such as roads or houses. The concept of a setback is meant to allow development to occur together with natural processes,without the need for hard property protection such as rock revetments and bulkheads. At locations where development within the setback may be threatened by erosion, property protection measures may be approved to protect the development. In general, regulatory agencies take into account the pattern of development in the past when making decisions to approve development or protection measures. Town of Southold ZBA File/15846,CTM 83-1-12 Page 1 of 4 4.„2, g 47 ; ihu koot (GRC7r3369 Montoo P F MAY 2 4 2006 P 0 Dor, '1703,1Nosthamptun &each NY 11978 .ON4W1 B2,n D 01:,APPEALS 2) Letter from Dvirka and Bartilucci(Joseph Baler,P.E.) , dated May 4,2006 • Comments relating to the subsoil conditions and slope stability are addressed below in response to Mr. Cramer's letter. It should be noted that the Sanitary Code is very clear about siting of septic systems.Per the sanitary code, "sewerage disposal systems shall not be Iocated_ 2) In any area subject to imminent erosion,which cannot be controlled so as to protect the sewerage disposal system; 4) In areas with slopes greater than 15%" While the location is not subject to "imminent" erosion, it is certainly subject to potential erosion. It is definitely located in an area where the slope is greater than 15%. In addition, under the SITE CONDITION REQUISITES section, septic systems (including expansion pools), should he located at least sixty five (65)feet from blutrs or landward of the dwelling. The expansion pool is located 45 feet from the bluff line. I have attempted, without success,to get a determination from the SCHD about this apparent discrepancy between the sanitary code and the approval granted to the applicant(it should be noted here that I have not seen the plan approved by the SCHD). I have since spoken with Charles Brigham (852 5700,personal communication 5- 24-06) of the SCHD. T he15%slope restriction relates more to accessibility and a slope that is regraded to less than 15%will usually he approved. however, slope stability as a result of sewerage_flow is not usually considered. The above are comments on the septic system in general. The SCHD has jurisdiction over review and construction of'septic system and has approved the design for the properly. 3) Letter from Cramer Consulting Group, dated May 8,2006 • Mr. Cramer disputes that significant amount of fill will be placed on the slope to the east of the site (para. 3). The previous comment was made based on information taken from the survey of the property by John Metzger L.S. dated January 13, 2004 and last revised February 14,2006. The top of the lower crib wall has been set at elevation 40, and traverses the 30' contour line. This results in a maximum of 10 feet of fill immediately behind the lower crib wall. I do not dispute that there could be a balance of cut and fill on the site, so that no fill Town of Southold ZI3A File#5846,CTM 83-1.12 Page 2 of 4 Y 2 4 2.006 T!•i,'. kuoi e Gou')1�,) moo= P E. MA P finx .1703 1Nrne, imptoi' Bo 2,^.h1 NY 11?f)1£' ° )NBOARD APPFtrial rial has to imported from offsite; however,the material to be placed between Zwalls is still"fill", even though it is from the property. The comment in my report regarding the height of the wall was also based on information shown on the survey. The elevation of the bottom of the wall was set at 31',but is located along the 26' contour line. This would necessitate either a higher wall,or another crib wall at the toe. • Mr. Cramer summarizes the performance of the soils at the site in paragraph 5 of his letter,and has included the results of a test hole in support of his application. For the record the test hole submitted was taken on a se.agate lot SCTM# 1000- 83-2-17.1).does not have an elevation reference and is only 17 feet deep. At this site, the septic system leaching pools are set at elevation 4Q' to 22' (18 feet totaI). Thus,there is no way to know how the submitted test hole information relates to the septic design on this site. Given the site conditions, a test hole at the proposed Iocation of the septic system would have been more appropriate. The elevation of groundwater is shown on the survey at 20' (not 2' per Mr. Cramer's letter). The groundwater elevation is likely incorrect as shown on the survey, and an accurate elevation can only be determined from a test hole on this site, referenced to site elevations. Mr. Cramer also extrapolates a visual inspection of a portion of the bluff face to the septic location,which is approximately 65 feet away. The composition,variability and performance of soils are not my area of expertise. However, I know it is common to have lenses of clay or silts within sand strata, and these are usually uncovered during septic systems installations,even when a test hole on a particular site shows clean sand. • Mr, Cramer quotes responses and correspondence from Joseph Baier,P.E, and William Jaeger,P.E. (page 2, para. 1)to justify the stability of the site. 1 wish to clarify my original comments,which were to express concern about potential failure of the steep slopes to the east of the site, as well as the bluff face. i have again reviewed correspondence from William Jaeger,P.E. as well as his comments from the March 2. 2006 hearing. In my opinion, Mr. Jaeger assessed the stability of the slopes relative to the applied load from the proposed house. The stability of the bluff face on Long Island Sound was also assessed and a recommendation made by Mr. Jaeger that the toe of the slopes should be protected. Mr. Jaeger's evaluation did not include potential instability of the site from the introduction of water flow into the subsoil from a septic system and roof drains into drywells. As the Professional Engineer of record, Mr. Jaeger should he the one providing an assessment of the slopes (both cast and north), should he consider this to fall within his area of expertise. Town of Southold ZBA File 115846,CTM 83.1-12 Page 3 of 4 ©17 C' �F��'s rrfi�J . flnAY L 2006 Thackoor (George, Mootoo P E • c3 ' 11973 • P (? Box 12,r�,Wes,I�an�lp�or7 bC:�cl� M • My comments regarding the use of drought tolerant grasses and shrubs were meant only to avoid having to irrigate and introduce large volumes of water into the soil, in order to reduce potential slope failure. Landscaping is not my area of expertise and I do not review or comment on planting plans. • Please refer to my comments in response 4/27/06 Board hearing draft minutes, regarding coastal erosion and setbacks. Please be guided by these comments,and contact me should you require any additional information or clarifications. Respectfully submitted, Thaclroor ootoo,P.E. Town of Southold ZBA File 115846,CTM 83-1-12 Page 4 of Cho 7 Re ' , . � - • MA. ° � , Zoos _, --^e r•r APPEALS B. SITE CONDITIONS PROHIBITED. Sewage disposal systems shall not be located: I. In areas with a surface elevation Iower than the 10 year flood level; 0 In any area subject to imminent erosion, which cannot be controlled so as to protect the sewage disposal system; 3. In areas where the maximum high groundwater level is less than one foot below the original ground surface; 9 In areas with slopes greater than 15%; 5. In areas where the existing subsoils contain meadow mat.bog,silts,clays,or other impervious material extending below the groundwater table: 6. In areas where groundwater conditions are not conducive to the proper functioning of subsurface sewage disposal systems; 7. In a Swale; 8. Where the topography concentrates runoff onto or into the area where the system is proposed; 9. Where surface water discharges would be induced to artificially raise the groundwater level below the system; 10. In any area or under any part of a building, roadway, driveway, or other improvement that does or may prevent reasonable access for repair or maintenance of the system. C. SITE CONDITION REQUISITES. Sewage disposal systems shall be located: 1. On land owned in fee by the Applicant; 2. On the same parcel as the building to be serviced; 3. In an unimproved area which allows adequate access for maintenance and tiny percent expansion of the leaching facilities. Deepening the system is not permitted in lieu of providing this expansion arca; 4. In the"front yard". A location other than the front yard will be considered in order to protect drinking supply wells and to accommodate unique grading situations, provided it is in conformance with the other aspects of these Standards; 4. 4110 At least sixty-five(65)feet from bluffs or landward of the dwelling; 6. The minimum separation distances for subsurface sewage disposal systems are presented in Table 1. . g,cc) c v2A.-- ,--CE ovv-- ? 5 v1 -f--Gt Co cts2 r40 iVVT N 004 (bold W ?. (revlsabhl, �. A,t� - 9 1r+evj' - f - '05 [revisions) )05 (revisions) ..- $0 96' tco , ,,e .5/pfvp hsc) /r , II ` i� (drywallsle, y -a r _ IG.,b4"+ OD ME Z1E b� � ,- VI e. O= y- t�-' V �gPAD �n�� MAY 2 4 2006 Ir o11� • r (� N63 R vJ I" e' ?LA�P`N Al '�yyr --4 �� n r �� 0 ZONIW.:1 elA eg. 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' ,\ i / ; l 4 u• GRAVEL — . i► — 0 9V,*R�O SAY 2 2006 d ` 026" 6 �' C_ % ,� — 6- r ` CELL F&L R- �oG�9lfFt9 c�',r�iw + o�X1'1' �,t s n t sa �GRAVEL 7111Q,Ea ��----- a 48 R TT 1000--8, --01— g, _ == ew EL 43 1000-83-01— ON.e — 2.qac --� iOr SCALE, /A o 20' - -1 0 '�-- Tw EL fO BOE _- sr f 1 113ds • �' - CROSS SECTION 1 +k'EL ;is DOUBLE TIER SEPTIC SYSTEM j Z.P. I .% TYPICAL FULL CR18 y R2 RETAINING WALL 6ROLICJ MATER 2.7;. - .iy` ' COASTAL EROSION HAZARD L/NE FROM COASTAL EROSION#IAZARD AREA MAP /'� Photo # 58-545-8311 L'0"e' 1ci w� t-- gk.,,o+ r- eiradr_.,� .(a _ I h 06/-re CI. �,c,,- kJ: L-e_& p-u tom° 0 - \ 5 ✓�� That (George) Mootoo P.E 173\ ' (,J/ rv1�O nada. P O Box 1293, Westhamptonn Beach NY 11978 l 3, \ attelagA er,r`e d A-4-4-0-w /3 - (41- 1;t4tia 44„,./4-441 Q' /oif istic A _ , ,, , ,., - _ - May 22, 2006 Op Ms. Ruth Oliver, Chairperson Town of Southold ZBA Southold Town Hall PO Box 1179 Southold NY 11971 RE: Aliano Property—Duck Pond Road SCTM # 1000-83-01-12 (Revised 5-24-06 Revisions in underlined Italics) The following comments pertain to submissions and testimony made by the applicant's representative and are categorized by each submission as follows: 1) Draft Minutes from ZBA Hearing 4/27/06 • Mr. Cramer references testimony from an adjacent property owner who had placed a flagpole 18 feet from the bluff, and who was able to measure the erosion rate. John Kallas made the testimony during the March 30, 2006 hearing. Mr. Kallas' testimony was that they have lived there for about 18 years (so since 1988) and they constructed a bulkhead (as toe protection) shortly after moving in. The bulkhead was constructed as .."we have seen a fair amount of erosion through the years that we have been there, and aside from the bulkhead, it's been hard to control."Mr. Kallas also testified that the bluff only eroded about 2 feet over that period. - This testimony only serves to reinforce recommendations for toe protection in this area to control bluff erosion and recession. Without toe protection, it is highly likely that greater bluff recession would have been experienced at the Kallas property. • The philosophy of a setback line for coastal development is based on the concept of locating development out of harm's way over the anticipated design life of the development. Beach erosion and bluff recession are natural processes that are not usually a problem, until it affects the built environment such as roads or houses. The concept of a setback is meant to allow development to occur together with natural processes, without the need for hard property protection such as rock revetments and bulkheads. At locations where development within the setback may be threatened by erosion, property protection measures may be approved to protect the development. In-general, regulatory agencies take into account the pattern of development in the past when making decisions to approve development or protection measures. Town of Southold ZBA File#5846,CTM 83-1-12 Page 1 of 4 O '7 . . _} That •, r(George) Mootoo P.E P.Q. Box 1293, Westhampton Beach NY 11978 • 2) Letter from Dvirka and Bartilucci (Joseph Baier,P.E.) , dated May 4,2006 • Comments relating to the subsoil conditions and slope stability are addressed below in response to Mr. Cramer's letter. It should be noted that the Sanitary Code is very clear about siting of septic systems. Per the sanitary code, "sewerage disposal systems shall not be located: 2) In any area subject to imminent erosion, which cannot be controlled so as to protect the sewerage disposal system; 4) In areas with slopes greater than 15%" While the location is not subject to "imminent" erosion, it is certainly subject to potential erosion. It is definitely located in an area where the slope is greater than 15%. In addition, under the SITE CONDITION REQUISITES section, septic systems (including expansion pools), should be located at least sixty five (65)feet from bluffs or landward of the dwelling. The expansion pool is located 45 feet from the bluff line. I have attempted, without success, to get a determination from the SCHD about this apparent discrepancy between the sanitary code and the approval granted to the applicant (it should be noted here that I have not seen the plan approved by the SCHD). I have since spoken with Charles-Brigham (852 5700,personal communication 5- 24-06) of the SCHD. The15%slope restriction relates more to accessibility and a slope that is regraded to less than 15%will usually be approved. However, slope stability as a result of sewerage flow is not usually considered. The above are comments on the septic system in general. The SCHD has jurisdiction over review and construction of septic system and has approved the design for the property. 3) Letter from Cramer Consulting Group, dated May 8,2006 • Mr. Cramer disputes that significant amount of fill will be placed on the slope to the east of the site (para. 3). The previous comment was made based on information taken from the survey of the property by John Metzger L.S. dated January 13, 2004 and last revised February 14, 2006. The top of the lower crib wall has been set at elevation 40, and traverses the 30' contour line. This results in a maximum of 10 feet of fill immediately behind the lower crib wall. I do not dispute that there could be a balance of cut and fill on the site, so that no fill Town of Southold ZBA File#5846,CTM 83-1-12 Page 2 of 4 Thac _ r(George) Mootoo P E P 0 Box 1293, Westhampton Beach NY 11978 material has to imported from offsite; however, the material to be placed between the walls is still "fill", even though it is from the property. The comment in my report regarding the height of the wall was also based on information shown on the survey. The elevation of the bottom of the wall was set at 31', but is located along the 26' contour line. This would necessitate either a higher wall, or another crib wall at the toe. • Mr. Cramer summarizes the performance of the soils at the site in paragraph 5 of his letter, and has included the results of a test hole in support of his application. For the record, the test hole submitted was taken on a separate lot (SCTM# 1000- 83-2-17.1),does not have an elevation reference and is only 17 feet deep. At this site, the septic system leaching pools are set at elevation 40' to 22' (18 feet total). Thus, there is no way to know how the submitted test hole information relates to the septic design on this site. Given the site conditions, a test hole at the proposed location of the septic system would have been more appropriate. The elevation of groundwater is shown on the survey at 20' (not 2' per Mr. Cramer's letter). The groundwater elevation is likely incorrect as shown on the survey, and an accurate elevation can only be determined from a test hole on this site, referenced to site elevations. Mr. Cramer also extrapolates a visual inspection of a portion of the bluff face to the septic location, which is approximately 65 feet away. The composition, variability 4: -•:u -and performance of soils are not my area of expertise. However,I know it is common to have lenses of clay or silts within sand strata, and these are usually uncovered during septic systems installations, even when a test hole on a particular site shows clean sand. • Mr. Cramer quotes responses and correspondence from Joseph Baier, P.E. and William Jaeger, P.E. (page 2, para. 1) to justify the stability of the site. I wish to clarify my original comments, which were to express concern about potential failure of the steep slopes to the east of the.site, as well as the bluff face. I have again reviewed correspondence from William Jaeger, P.E. as well as his comments from the March 2, 2006 hearing. In my opinion, Mr. Jaeger assessed the stability of the slopes relative to the applied load from the proposed house. The stability of the bluff face on Long Island Sound was also assessed and a recommendation made by Mr. Jaeger that the toe of the slopes should be protected. Mr. Jaeger's evaluation did not include potential instability of the site from the introduction of water flow into the subsoil from a septic system and roof drains into drywells. As the Professional Engineer of record, Mr. Jaeger should be the one providing an assessment of the slopes (both east and north), should he consider this to fall within his area of expertise. Town of Southold ZBA File#5846,CTM 83-1-12 Page 3 of 4 08,1 Thac,,.-_ (George) Mootoo P E P O. Box 1293, Westhampton Beach NY 11978 • My comments regarding the use of drought tolerant grasses and shrubs were meant only to avoid having to irrigate and introduce large volumes of water into the soil, in-order to reduce potential slope failure. Landscaping is not my area of expertise and I do not review or comment on planting plans. • Please refer to my comments in response 4/27/06 Board hearing draft minutes, regarding coastal erosion and setbacks. Please be guided by these comments, and contact me should you require any additional information or clarifications. Respectfully submitted, Thac;oor ootoo, P.E. • Town of Southold ZBA File#5846,CTM 83-1-12 Page 4 of 4 C47 P� B. SITE CONDITIONS PROHIBITED. Sewage disposal systems shall not be located: 1. In areas with a surface elevation lower than the 10 year flood level;02. J In any area subject to imminent erosion, which cannot be controlled so as to protect the sewage disposal system; 3. In areas where the maximum high groundwater level is less than one foot below the original ground surface; pIn areas with slopes greater than 15%; 5. In areas where the existing subsoils contain meadow mat,bog,silts,clays,or other impervious material extending below the groundwater table; 6. In areas where groundwater conditions are not conducive to the proper functioning of subsurface sewage disposal systems; 7. In a swale; 8. Where the topography concentrates runoff onto or into the area where the system is proposed; 9. Where surface water discharges would be induced to artificially raise the groundwater level below the system; I" 10. In any area or under any part of a building, roadway, driveway, or other improvement that does or may prevent reasonable access for repair or maintenance of the system. C. SITE CONDITION REQUISITES. Sewage disposal systems shall be located: 1. On land owned in fee by the Applicant; 2. On the same parcel as the building to be serviced; 3. In an unimproved area which allows adequate access for maintenance and fifty percent expansion of the leaching facilities. Deepening the system is not permitted in lieu of providing this expansion area; 4. In the"front yard". A location other than the front yard will be considered in order to protect drinking supply wells and to accommodate unique grading situations, provided it is in conformance with the other aspects of these Standards; At least sixty-five (65) feet from bluffs or landward of the dwelling; • 6. The minimum separation distances for subsurface sewage disposal systems are presented in Table 1. p. 6( Ce c °\-- gt 5 „,41 c cC . 6 9-(2) , . . , -rie ?-a-v ire )-4,, )01 a N , - 7 c ?5157-q 1-'19' .7119ir 1 r . 702-P9.4Q �o , . 00 6, % ; \ i'1 1 1 ; I I\ ' \ o, '� • 1 �Q i� �0ca > 1 ; \ + N Na h t I 1 ` i .\ . 17 •4, \ \\ \� / 1��. �� N A. 1 \1 ) '(\ \ l \ •• t 1 11 ) 1 , 1 1 \ kk. �, 5i)x /�y `� I ( " 'y l 1• \,\ '' 1 1 •414 \ \ \ter l ',1 ��\ a1\�� \ \ 1 \\• ��9� `%40r \.' \ \ \ \' • \ 1 1 1 1 \.K :_. 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(?1091 X00 -6nnz 'ct / - i ".-- / - / / / //i// / /.,/--- — -- 1 1 % F09 1. /i' ���//i/-moi/ .e ••• j/////,�_ — _ =— \ \ 1 ` 1 t { 1 ., %/i�i� ���' -iii//// / ��---- \ \ \ 1 1 - -----1p-- — -'iii i - i-i-1 /'//i / i- ; �_- \ \ 1 1 I 1 1 1 t 1 -14-12- J,..„„,./.„---„,,'"„--"„--;„..--*i -�/ �'�/ / //i//i ogfanttccint (.4 tr, wairtwokip.,-;;Tk _ J Complete Land Use Services--Including Planning,Design and Environmental P.O.Box 5535 .r1Y" Miller Place,New York 11764 '/1/1,..,Thomas W.Cramer,Principal Telephone (631)476-0984—Fax(631) 476-6933 );6 May 8, 2006 .�N 8-14p Ms.Ruth Oliver, Chairman 5'0 Town of Southold Zoning Board of Appeals , I 1 �n� 53095 Route 25 £ i.! • Southold,NY 11971-0959 MAY 1 0 2006 C / Re: Nicho .s Ali..:: ,.: _ �rtov (• Town of Southold Zoning Board of Appeals#5846 I ZONING BOARD OF APPEALS Comments on Engineering Review Dear Ms. Oliver: Pat Moore has asked me to review Mr.Mootoo's Engineer's Review(undated) for the above referenced site and to provide comments to your Board. The first part of the letter discusses the site conditions. The comments made are generally consistent with those that we have presented to the Board in the past at hearings and in written reports. Under the"Proposed Development"heading Mr.Motto states that"significant amount of fill will be needed to be placed between upper and lower crib walls to achieve proposed grading". This is not the case. The retaining walls have been designed to create an area of 5% slope or less on the eastern hillside. The top series of retaining walls will be dug into the hillside. The excavated material from installing these walls will be used to backfill behind the lower retaining walls in order to raise the grade. As a result,there will be a balance of cut and fill that is illustrated on the proposed plan. Mr. Motto also states that the crib wall may be higher than the 6' shown in the cross section. This is also not the case. The top of the wall is set at 40' elevation and the bottom of the wall is at 26' elevation. Three tiers of retaining walls are shown and the difference in grading at the top and the bottom of the walls is 14'; therefore, each wall will be less than 5' in height. The proposed plan clearly shows the retaining wall is meeting existing grade. In addition,the Planting Plan provided by Cramer Consulting Group shows the revegetation of the slope and the retaining wall area. Furthermore,Joseph Baier,P.E., of Dvirka and Bartilucci Consulting Engineers has provided comments, dated May 4,2006,which also addresses the retaining wall questions (copy attached). Under the"Soils"heading Mr.Mootoo makes reference to an engineering report prepared by William Jaeger,P.E.,that references a test hole by McDonald Geoscience. For your use, a copy of this test hole data sheet is included with this letter;we also submitted it into the record at the last public hearing. The test hole data sheet clearly shows loam and silt to a depth of 3'; from 3' to 7',brown silty sand with 10% gravel; and from 7' down,fine to coarse sand. The soils are considered excellent leaching material and recharge will be essentially vertical, down to the groundwater table. At this location, as shown in the survey, groundwater elevation is at 2' elevation,which is below the toe of the bluff. The bottom of the leaching pool is at 22' elevation,which would mean a 20' separation between the bottom of the leaching pool and the surface of groundwater. Little horizontal movement of the recharge water would occur until it reaches groundwater table. As discussed in Mr.Baier's letter of May 4th, some horizontal movement can be expected during recharge but this is not expected to exceed more than 1 to 3 feet from the edge of the leaching pool. A visual inspection of the bluff face shows sand and coarse material in its entire profile. No clay material is visible that would alter the vertical movements of recharge water. ,L-1, A' .r Under"Bluff/Coastal Dynamic"Mr.Mootoo makes a recommendation that a specialist conducts an analysis of the site. Joseph Baier,P.E., of Dvirka and Bartilucci, as a licensed engineer and specialist of recharge and water dynamics,has provided you with his comments with regard to Mr. Mootoo's review. In addition,your Board has the letter from William Jaeger, also an engineer, dated January 24,2006,that addresses the stability of the structure. Both of these professionals have stated that the proposed project will not have an impact. In the same section,Mr.Mootoo states that drought tolerant grasses and shrubs should be used in the landscaping of the site. He also states that these comments are in addition to the Soil and Water Conservation District letter. A detailed response to the Soil and Water Conservation District letter was prepared and forwarded to you on April 3,2006. The proposed plan includes both drought tolerant and native plants. Mr. Mootoo makes a further recommendation that the applicant seek approval for suitable toe protection at the base of the bluff. The proposed project does not include toe protection. However, the applicant will make a separate application and attempt to secure permits for the stabilization of the toe of the bluff. The applicant would be willing to accept a condition on the Zoning Board of Appeals approval that we will make application to the appropriate agencies for the toe stabilization. However, in the past the NYSDEC has not been receptive to the idea of bluff stabilization;therefore, approval of the permits cannot be a condition of the Zoning Board of Appeals grant. We will make every effort to have the permits approved as it will be to our long term benefit that toe stabilization be undertaken. Under Stormwater Management there is a recommendation that the applicant be required to immediately institute erosion prevention measures on the site. This has already been done in conformance with the NYSDEC permit in the Erosion and Sediment Control Plan prepared by Cramer Consulting Group. Thank you for the opportunity to provide these comments. If you need any additional information,please feel free to contact me. Very truly yours, Thomas W. Cramer,ASLA TWC/el Enc. Nichols Aliano Patricia Moore, Esq. Fipr 2,7 06 10: 1 9a HRWtc J 1VS WEHB JAEGER 6:1 _ 327760 p•;1 • • illcDOAALD GEO CL N(.E • Box 1000 • Soutnoid, New York 11971 • 1631) 765-3677 TEST HOLE DATA SHEET Name. . r'' "Surveyor D,2:= • Location: c E. Tax Map Number: Or.', Project Description- ;vi i.nor Date:, 5/26/0 .r c n . i i j1 1cam LIQ., ----� 1 . 5 1 orown silt 2rowr 3i ty sane with 10% gravel 5M - ; 1 • P AJC. 10% Pale own , i ne co corm ...ssand with gravel SW 17 ' Comments: tic.) water er coun tree. Test hole boring. . . $300. 00 `l is is your only bill Dvirka t, ,,., and x0Bartilucci ,i CONSULTING ENGINEERS 330 Crossways Park Drive, Woodbury, New York, 11797-2015 516-364-9890 ® 718-460-3634 o Fax: 516-364-9045 e-mail. findingsolutions@db-eng.com Principals Nicnolas J Bart Tucci,P E President Henry J Chlupsa,P E May 4, 2006 Executive Vice President ' Steven A Fangmann,P E Senior Vice President Richard M Walks Ruth Oliver, Chairman Senior Vice President • Southold Zoning Board of Appeals John A Mirando,P E Vice President Southold Town Hall Anthony 0 Conetta,FE PO Box 1179 VICE'President Southold, NY 11971 Dennis F Koehler,P E Vice Pres.dent Joseph H Marturano Re: Lot No. 5 — Cutchogue-1000-83-01 Lots 11 and 12 Vice President Kenneth J Pritchard,P E D&B No. 2175 Vice President • Theodore S Pytlar,Jr Dear Ms. Oliver: Vice President Brian M Veith,PE Vice President This letter provides comments on the above Southold Zoning Board of Appeals Senior Associates (ZBA) application, together with the comments of Mr. Mooto, P.E., which pertain Garrett h1,Byrnes,P E to the location of the wastewater system. I would like to provide you with Thomas P Fox,PG technical information on the wastewater system design, my professional opinion William D Merklin,P E Michael Neuberger,PE about the system and my experience. The technical information will deal with the Kenneth P Wenz,Jr C PG site location, wastewater flow, soil and the "approval to construct." Associates > Josepn F Baader Professional Experience Steven M Cabrera Rudolph F Cannavale I have been with Dvirka and Bartilucci Consulting Engineers (D&B) for over 6 Christopher M Clement years, working on various types of commercial and residential wastewater Stefanos J Eapen,R A systems. Prior to this, I worked for over 30 years with the Suffolk County Joseph A Fioraliso,P E, Department of Health Services (SCDHS) in various engineering capacities, Christopher W Francis including Director of Environmental Quality, with responsibilities for residential, Robert L Haynie.P E commercial and subdivision wastewater design. A copy of my professional Michael R Hofgren Sean Peeling,PG resume is attached. Edward J Reilly Daniel Shebat,PE Technical Information Charles J Wachsmuth,P E Listed below are the technical facts considered when designing this wastewater system: A DIVISION OF WILLIAM F COSULICH ASSOCIATES,P.C. Dvirka and Bartilucci CONSULTING ENGINEERS Ruth Oliver, Chairman Page Two Southold Zoning Board of Appeals Southold Town Hall May 4, 2006 1. Location: The topography on the map approved by the SCDHS clearly locates the top of the bluff. The cross section indicates the invert elevation of the leaching pool at Elevation 34 and the bottom system elevation at El. 22. This places the top of the leaching pool 65 feet from the bluff line and the bottom of the system 95 feet from the bluff. At this distance, wastewater will not impact the bluff line. 2: Wastewater Flow Characteristics: Wastewater will move laterally and vertically into the surrounding soil. Lateral movement will be between 1 and 3 feet maximum. This is the reason for the SCDHS standard of 8 feet separation between leaching pools. Wastewater moves vertically to the groundwater, which is approximately Elevation 2.0, below the toe of the bluff. The only impediment would be clay interference which is not applicable in this case (see"Soil" below). 3. Soil: A soil boring taken on the property shows no sign of any leaching restrictions (clay). Further, the adjacent three lots (to the south on Duck Pond Road) had leaching systems installed and no poor leaching material was found. Finally, when the system is being constructed, SCDHS inspects the soil and leaching area. If there is any problem they can require a 3-foot sand collar be constructed around the leaching ring or that the system be relocated to find better soil. (Note: I do not expect that either of these situations will occur). 4. Grading Between the Retaining Walls: Mr. Mooto raised the concern about the grading between retaining walls. The survey shows the elevation of the bottom and top of these walls, as well as the cross section which shows the grade slope (El. 43 to G El. 40) of the soil between the two walls. This area, approximately 35 feet wide, can provide a backyard area for the owners. Mr. Mooto commented on the need for additional cribbing at the easterly property lines. Please refer to the landscaping plan, which will stabilize the area. With regards.to Mr. Mooto's comment on the lower crib wall being higher than that shown: A 9-foot elevation was shown in the cross section. Add to this the two lowest ties buried (10") and the upper wall extended one tie (5"). This adds 15 inches to the 9 feet. In addition, be assured that the contractor will make any necessary adjustments based on field conditions. 5. SCDHS: has approved the system for construction, raising no concerns regarding system location or bluff erosion. Dvirka and Bartilucci CONSULTING ENGINEERS Ruth Oliver, Chairman Page Three Southold Zoning Board of Appeals Southold Town Hall May 4, 2006 Furthermore, I have been to the site prior to locating and designing the wastewater system. In addition, the three lots south of this project (along Duck Pond Road) were also my design. For the above stated reasons, as the engineer designing the wastewater system, I am confident that the leaching system, once installed as shown on the "approved to construct" drawing, will not impact the existing bluff and that a geotechnical special is not needed for the project. In the event the ZBA still is concerned about the impact of the wastewater, the septic tank and leaching pool location could be reversed, providing an additional 8 to 10 feet of distance from the bluff face. If you or the Board have any questions, please do not hesitate to contact me at (516) 364-9890. Very truly yours, •• J se H. Baler, P.E. ' roject Engineer JHB/tp Enclosure - cc: T. Cramer N. Aliano J. Mirando (D&B) a 2175UHBO6LTR-05(R02) JOSEPH H. OAIEH, P.E. .._ .. ...�,....tira ❑lf.V,,,.,"x nra`.fs-. .•»....•.:,-. .v.;Y°:C f^ .;�:,.: 1::: ytn.,..:: '^.,:M-,.. , .+r...:m..� .•-...v SENOR ENGINEER EDUCATION New York University, B.C.E. City College of University of the City of New York, M.C.E. (Environmental and Sanitary Engineering) PROFESSIONAL LICENSE New York PROFESSIONAL SOCIETIES American Water Works Association Water Quality Association Long Island Water Conference NYSAWWA—Secretary/Treasurer Suffolk County—Member of the Liquid Waste Licensing Board AWARDS Linn F. Winslow Award—NYS Water Environment Association Engineer of the Year Award—NYSPE 1997(Suffolk County) Fuller Award- NYSAWWA PROFESSIONAL EXPERIENCE Mr. Baler functions as the firm's Director of Special Projects. He has over 30 years of experience in the field of water supply and environmental engineering. Since joining the firm, Mr. Baier has assisted or been project manager on a variety of projects: • Wastewater design from small residential to full-scale denitrification systems • Water supply projects including SRF applications • Engineering Response Plans,Vulnerability Assessments, Source Water Protection Plans • Special Water Quality Studies. As Director of Environmental Quality for the Suffolk County Department of Health, Mr. Baler was responsible for all environmental programs, standards development, and implementation of regulations in: water supply, wastewater (including sewage treatment, denitrification and residential sewage systems); hazardous waste cleanup; facility inspection; recreational waters; and environmental analysis. Mr. Baler supervised 150 Health Department employees, including engineers, hydrogeologists, technicians and environmental laboratory staff. His administrative responsibilities included: program planning; operating and capital budget preparation; grants management; arbitrating difficult technical and legal situations; and making technical presentations to public, government, private and special interest groups. A DIVISION OF WILLIAM F.COSULICH ASSOCIATES,P.C. DVIRIdA AND RARTILUCCI .. nil...-....F..V_,.. OJHB-WS.RES 0205 WWGEUHB 507 CONSUY.•NG ENGINEERS JOSEPH H. OMER, P.E. ..-.r„-..-.. 5.,..._.... �—.-,.r ;,-'..,:;.i.. ."a h"..',.,.T..,'F.. ^1..,�a"V aa -ri••:-yY �k+ ,. :..-.v, .n -. ..r. . Mr. Baler has held several positions with the Suffolk County Department of Environmental Control and the Department of Health Services. As Chief, Office of Water Resources, Division of Environmental Quality, he was responsible for water supply and water resources programs. This included project planning, budget, supervision, special studies, grants, and contracts administration. The water supply program includes regulatory enforcement, plan review,surveillance and monitoring for all public water supplies. The water resources program offers complete investigative capability, including well drilling; computer data storage and analysis; test wells; routine groundwater and surface water quality and quantity monitoring; special pollution studies (leachate, fertilizers, hazardous materials); environmental impact statements; water resources planning, water quality studies and groundwater modeling. Mr. Baier served as Project Manager for the Suffolk County Comprehensive Water Resources Plan (1988), and was principal investigator for an EPA grant investigating the removal of agricultural chemicals from groundwater using water treatment systems on both a small-scale (individual home owner wells) and large-scale (municipal water supply). The project involved pilot studies on reverse osmosis, GAC and ion exchange. A full- scale 450 gpm GAC-ion exchange facility was constructed and operated. Mr. Baler served as Project Manager for a $3.7 million EPA study to evaluate the environmental impacts and necessary mitigation from the installation of sewers. Additional experience is listed below: • Bureau of Water Resources, Division of Environmental Health, Nassau County Department of Health— responsible for reviewing designs for water supply facilities, main extensions, treatment additions and storage tanks. This included approval of final construction, and assisting in the planning for improvements in water supply operation. • Bureau of Building Management, New York City Department of Public Works — responsible for modernization and improvements to city-owned buildings. Initiated the improvement, designed, estimate, and acted as the Department's representative during construction. • Division of Plant Design, Bureau of Water Pollution Control, New York City Department of Public Works — responsible for design of wastewater facilities, such as sedimentation tanks, grit changes, sludge digesters, surge tank, wet well and screening chambers at various sewage treatment facilities in New York City. Mr. Baier has authored and co-authored numerous technical papers. A list is available upon request. A DIVISION OF WILLIAM F.COSULICH ASSOCIATES,P C DWRKA AND RARTILUCCI OJHB-WS.RES 0205 WWGEUHB.507 CONSULTING ENGINEERS • tL I ( � � Complete Land Use Services--Including Planning,Design and Environmental _ P.O. Box 5535 • Miller Place,New York 11764 Thomas W.Cramer,Principal Telephone (631)476-0984—Fax (631) 476-6933 TRANSMITTAL RECEIVES t c To: Date: \ MAY 1 0 2036 From: 'a Mi t0-vf� zoNYNG BARD OF APPEALS Re: Documents Attached: Ly,jaNst..)4\1,A - For Your Use: Signature: Review: Comments: Comments: Q c-- ) ,0 CC: OFFICE OF j ZONING BOARD OF APPEALS Office Location: North Fork Bank Building—First Floor, 54375 Main Road at Youngs Avenue Mailing Address: 53095 Main Road, P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net Email: Linda.KowalskiaTown.Southold.ny.us Jayne.Martin©Town.Southold.ny.us (631) 765-1809 (ext. 5012 or 5011 during recording) office fax (631) 765-9064 VIA FAX 5/1rg73 -a(/‘° MEMO TO: n s -.L�o S DATE: > oL0 (� RE: g 4 „(1.6_,„/_. )6,L41_ Cc o rhej ed-fi " D CLCC s' ll/ 4 Al , )(--4,,p -)o4 OFFICE OF __./ ZONING BOARD OF APPEALS Office Location: North Fork Bank Building-First Floor, 54375 Main Road at Youngs Avenue Mailing Address: 53095 Main Road, P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net Email: Linda.KowalskkC Town.Southold.ny.us Jayne.Martin c(�Town.Southold.ny.us (631) 765-1809 (ext. 5012 or 5011 during recording) office fax (631) 765-9064 VIA FAX 7 3— d We. i1 • MEMO • TO: _A_.-e_e2t_ G�_,,e_cl��� /0 f S ,,Z3 6 S e DATE: i 3- d-8 0 RE: a..t-e.cLA-0 81,du — 2cic- i°Oyu l 4_ 4Q ,t V -L-f l_ Sauk. 1 /4 p--/D c 51,14--i--,}-4-e-,1-; W--P---"' /"3' 46---- 4-pia-6- -79 ,,,, ,6- az /2,2.—o-c-,_0_-;P C 1` ' ' ) ilei-3 / b le - Z'.t z /�e, OFFICE OF ZONING BOARD OF APPEALS Office Location: North Fork Bank Building—First Floor, 54375 Main Road at Youngs Avenue Mailing Address: 53095 Main Road, P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net Email: Linda.Kowalski(a?Town.Southold.ny.us Jayne.Martin( Town.Southold.ny.us • (631) 765-1809 (ext. 5012 or 5011 d ing recording) office fax (631) 765-9064 VIA FAX S/ 7 - y MEMO TO: �/Lp_cL 22 pa � l� 5 .A2 s DATE: )91-al Irt/ a-a-o if RE: G �-/ �c� /� d A _ yo-e- , Met ot /L e --/et-A/ ( A 4/0-)11 aca-t- `` Gtr Brij • 7;-"16(1'77) , 2Q,4-64-1,r i •/6) )21,4k MI- e--7 pt cc , r ' . r 6—_,/,tau \ck) , ,Tau-MSS Dvirka and A r 45:4 ;/e, 'si%4 0 d Bartilucci G�. . a J--1ZtC And R. , CONSULTING ENGINEERS 330 Crossways Park Drive,Woodbury, New York, 11797-2015 516-364-9890 • 718-460-3634 ■ Fax:516-364-9045 De-mail: findingsolutions@db-eng.com RECEP, Principals M4y ® 5 200u NichHenoljsChBasiaucPciEPE May4, President p 2006 LoNING $O.qAD OF e,'PpEALS Executive lice President Steven A Fangmann,P E Senior!ice President Richard M Welke Ruth Oliver, Chairman Senior Vice President Southold Zoning Board of Appeals John A Muando,P E Vice President Southold Town Hall AnthonyO.Conetta,PE PO Box 1179 Vice President Dennis F Koehler,PE Southold,NY 11971 Vice President Joseph H Marturano Re: Lot No. 5 -Cutcho e 1000-83-01 Lots 11 and 12 Vice President Kenneth J Pntchard,P E D&B No. 2175 Vice President Theodore S Pytlar,Jr Dear Ms. Oliver: Vice President Brian M Veith,P E Vice President This letter provides comments on the above Southold Zoning Board of Appeals Senior Associates (ZBA) application, together with the comments of Mr. Mooto, P.E., which pertain Garrett M Bymes,P E to the location of the wastewater system. I would like to provide you with Thomas P Fox,P G William D Merklin,PE technical information on the wastewater system design, my professional opinion Michael Neuberger,PE about the system and my experience. The technical information will deal with the Kenneth P Wenz,Jr.C PG site location, wastewater flow, soil and the"approval to construct." Associates Joseph F Baader Professional Experience Steven M Cabrera Rudolph F Cannavale I have been with Dvirka and Bartilucci Consulting Engineers (D&B) for over 6 Chnstopher M Clement years, working on various types of commercial and residential wastewater Stefanos J Eapen,R A systems. Prior to this, I worked for over 30 years with the Suffolk County Joseph A Fioraliso,PE Department of Health Services (SCDHS) in various engineering capacities, Christopher W Francis including Director of Environmental Quality, with responsibilities for residential, Robert L Haynie,P E Michael R Hofgren commercial and subdivision wastewater design. A copy of my professional Sean Peeling,P G resume is attached. Edward J Reilly Daniel Shabat,PE Technical Information Charles J Wachsmuth,P E Listed below are the technical facts considered when designing this wastewater system: f 6(5- A DIVISION OF WILLIAM F.COSULICH ASSOCIATES,P.C. ` R bvirka and Bartilucci CONSULTING ENGINEERS 1:: _. I Ruth Oliver, Chairman Page Two Southold Zoning Board of Appeals MAY 0 5 2006 Southold Town Hall May 4, 2006 ZONING BOARD OF APPEALS 1. Location: The topography on the map approved by the SCDHS clearly locates the top of the bluff. The cross section indicates the invert elevation of the leaching pool at Elevation 34 and the bottom system elevation at El. 22. This places the top of the leaching pool 65 feet from the bluff line and the bottom of the system 95 feet from the bluff. At this distance, wastewater will not impact the bluff line. 2. Wastewater Flow Characteristics: Wastewater will move laterally and vertically into the surrounding soil. Lateral movement will be between 1 and 3 feet maximum. This is the reason for the SCDHS standard of 8 feet separation between leaching pools. Wastewater moves vertically to the groundwater, which is approximately Elevation 2.0, below the toe of the bluff. The only impediment would be clay interference which is not applicable in this case (see"Soil"below). 3. Soil: A soil boring taken on the property shows no sign of any leaching restrictions (clay). Further, the adjacent three lots (to the south on Duck Pond Road) had leaching systems installed and no poor leaching material was found. Finally, when the system is being constructed, SCDHS inspects the soil and leaching area. If there is any problem they can require a 3-foot sand collar be constructed around the leaching ring or that the system be relocated to find better soil. (Note: I do not expect that either of these situations will occur). 4. Grading Between the Retaining Walls: Mr. Mooto raised the concern about the grading between retaining walls. The survey shows the elevation of the bottom and top of these walls, as well as the cross section which shows the grade slope (El. 43 to El. 40) of the soil between the two walls. This area, approximately 35 feet wide, can provide a backyard area for the owners. Mr. Mooto commented on the need for additional cribbing at the easterly property lines. Please refer to the landscaping plan, which will stabilize the area. With regards to Mr. Mooto's comment on the lower crib wall being higher than that shown: A 9-foot elevation was shown in the cross section. Add to this the two lowest ties buried (10") and the upper wall extended one tie (5"). This adds 15 inches to the 9 feet. In addition, be assured that the contractor will make any necessary adjustments based on field conditions. 5. SCDHS: has approved the system for construction, raising no concerns regarding system location or bluff erosion. bvirka and Bartilucci fl,: CEWED CONSULTING ENGINEERS MAY 0 5 2006 Ruth Oliver, Chairman I2BoApoo� age Three RF APPEALS Southold Zoning Board of Appeals Southold Town Hall May 4, 2006 Furthermore, I have been to the site prior to locating and designing the wastewater system. In addition, the three lots south of this project(along Duck Pond Road) were also my design. For the above stated reasons, as the engineer designing the wastewater system, I am confident that the leaching system, once installed as shown on the "approved to construct" drawing, will not impact the existing bluff and that a geotechnical special is not needed for the project. In the event the ZBA still is concerned about the impact of the wastewater, the septic tank and leaching pool location could be reversed, providing an additional 8 to 10 feet of distance from the bluff face. If you or the Board have any questions,please do not hesitate to contact me at(516) 364-9890. Very truly yours, , , , , /0 se E H. Baler, P.E. 'roject Engineer JHB/tp Enclosure cc: T. Cramer N. Aliano J. Mirando (D&B) *2175\JHBO6LTR-05(R02) MAy ® 5 2006 JOSEPH H. BAIER, P.E. SENIOR ENGINEER ZON'N BOAR)�F APPEALS EDUCATION New York University, B.C.E. City College of University of the City of New York, M.C.E. (Environmental and Sanitary Engineering) PROFESSIONAL LICENSE New York PROFESSIONAL SOCIETIES American Water Works Association Water Quality Association Long Island Water Conference NYSAWWA—Secretary/Treasurer Suffolk County—Member of the Liquid Waste Licensing Board AWARDS Linn F.Winslow Award—NYS Water Environment Association Engineer of the Year Award—NYSPE 1997(Suffolk County) Fuller Award-NYSAWWA PROFESSIONAL EXPERIENCE Mr. Baier functions as the firm's Director of Special Projects. He has over 30 years of experience in the field of water supply and environmental engineering. Since joining the firm, Mr. Baler has assisted or been project manager on a variety of projects: • Wastewater design from small residential to full-scale denitrification systems • Water supply projects including SRF applications • Engineering Response Plans,Vulnerability Assessments,Source Water Protection Plans • Special Water Quality Studies. As Director of Environmental Quality for the Suffolk County Department of Health, Mr. Baier was responsible for all environmental programs, standards development, and implementation of regulations in: water supply, wastewater (including sewage treatment, denitrification and residential sewage systems); hazardous waste cleanup; facility inspection; recreational waters; and environmental analysis. Mr. Baier supervised 150 Health Department employees, including engineers, hydrogeologists, technicians and environmental laboratory staff. His administrative responsibilities included: program planning; operating and capital budget preparation; grants management; arbitrating difficult technical and legal situations; and making technical presentations to public, government, private and special interest groups. A DIVISION OF WILLIAM F.COSULICH ASSOCIATES,P.C. DVIRKA AND BARTILUCCI oJHB-WS RES 0205 WWGEUHB 507 CONSULTING ENGINEERS 8444; f} JOSEPH H. BAIER, P.E. Mr. Baler has held several positions with the Suffolk County Department of Environmental Control andthe Department of Health Services. As Chief, Office of Water Resources, Division of Environmental Quality, he was responsible for water supply and water resources programs. This included project planning, budget, supervision, special studies, grants, and contracts administration. The water supply program includes regulatory enforcement, plan review,surveillance and monitoring for all public water supplies. The water resources program offers complete investigative capability, including well drilling; computer data storage and analysis; test wells; routine groundwater and surface water quality and quantity monitoring; special pollution studies (leachate, fertilizers, hazardous materials); environmental impact statements; water resources planning, water quality studies and groundwater modeling. Mr. Baler served as Project Manager for the Suffolk County Comprehensive Water Resources Plan (1988), and was principal investigator for an EPA grant investigating the removal of agricultural chemicals from groundwater using water treatment systems on both a small-scale (individual home owner wells) and large-scale (municipal water supply). The project involved pilot studies on reverse osmosis, GAC and ion exchange. A full- scale 450 gpm GAC-ion exchange facility was constructed and operated. Mr. Baler served as Project Manager for a S3.7 million EPA study to evaluate the environmental impacts and necessary mitigation from the installation of sewers. Additional experience is listed below: • Bureau of Water Resources, Division of Environmental Health, Nassau County Department of Health— responsible for reviewing designs for water supply facilities, main extensions,treatment additions and storage tanks. This included approval of final construction, and assisting in the planning for improvements in water supply operation. • Bureau of Building Management, New York City Department of Public Works — responsible for modernization and improvements to city-owned buildings. Initiated the improvement, designed, estimate, and acted as the Department's representative during construction. • Division of Plant Design, Bureau of Water Pollution Control, New York City Department of Public Works — responsible for design of wastewater facilities, such as sedimentation tanks, grit changes, sludge digesters, surge tank, wet well and screening chambers at various sewage treatment facilities in New York City. Mr. Baler has authored and co-authored numerous technical papers. A list is available upon request. A DIVISION OF WILLIAM F COSULICH ASSOCIATES,P.C. DVIRKA AND BARTILUCCI OJHB-WS.RES 0205 WWGEVHB 507 CONSULTING ENGINEERS 1 2 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS COUNTY OF SUFFOLK STATE OF NEW YORK 3 4 X 5 TOWN O F SOUTHOLD 6 7 ZONING BOARD OF APPEALS 8 9 X Southold Town Hall 10 53095 Main Road Southold, New York 11 April 27, 2006 12 9:30 a.m. 13 Board Members Present : 14 GERARD P. GOEHRINGER, Board Member 15 JAMES DINIZIO, Board Member 16 MICHAEL SIMON, Board Member 17 LESLIE KANES WEISMAN, Board Member 18 LINDA KOWALSKI, Board Secretary 19 KIERAN CORCORAN, Assistant Town Attorney 20 21 Board Members Absent: RUTH OLIVA, Chairwoman 22 o400. RECEIVED 4. 23 amu, ry 0 LC 24 JUL i 1 2006 Ne pc "1a 25 SouTT,t;n Cleric COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 M1 7' G^1 4 8 8 1 2 MR. HAMM: The flattest part on that, if you consider there's two parcels bisected on that 3 southerly portion of the property it's the flattest. I'm sure the contours are reasonably 4 flat towards the water, but then you have other issues. 5 BOARD MEMBER WEISMAN: I have to say on your side of the right of way. 6 BOARD MEMBER DINIZIO: The road is all theirs. They could go on the other side, they 7 need wetlands permits. BOARD MEMBER WEISMAN: Exactly you run 8 into a whole other series of permits. BOARD MEMBER DINIZIO: It's obvious that 9 that' s where the house should go on the property. You are on the flat part. I think it's a 10 driveway. I don't think it' s a street. If that were the case, you could just take it and move it 11 over and put it on the side of the property? MR. HAMM: In fact, there is a written 12 right of way agreement where she has the right to relocate it, but that, of course, would be very 13 expensive. BOARD MEMBER DINIZIO: Right. It' s 14 possible for you to do that, it's not like it' s a well-traveled street. If you wanted to, you could 15 move it if for some reason it became a public hazard or something. I agree with you 100 16 percent, Mr. Hamm, this shouldn' t be before us honestly. 17 BOARD MEMBER WEISMAN: I agree with you too. This is a perfectly reasonable site given 18 the impact of the surrounding properties, wetlands on one side, severe slopes on the other, this 19 looks to me to be extremely well-placed. It's a very, very limited access road. There' s only two 20 property owners in addition to your client that share this right of way. 21 MR. HAMM: Well, Wilmerding has three or four houses in the back there. 22 BOARD MEMBER GOEHRINGER: I'd like to make a motion to hold this hearing in abeyance until 23 May 25th at 1:00 p.m. (See minutes for resolution.) 24 BOARD MEMBER GOEHRINGER: Next appeal is 25 for Aliano, Number 5846. BOARD SECY. KOWALSKI: I wanted to mention April 27, 2006 -- - -m - 89 1 2 the Aliano hearing, and before we start, we did receive some information late in the afternoon the 3 day before yesterday. I was not able to distribute it to the Board Members until I saw 4 them today, it was from Cramer. I will distribute them now and make them part of the record. 5 MS. MOORE: I'm actually going to have Tom Cramer start because it' s the technical report. 6 MR. CRAMER: Good afternoon, Members of the Board, for the record, my name is Thomas 7 Cramer, principal firm of Cramer Consulting Group with offices in Miller Place. I will try to be 8 brief. What you were just handed is the response 9 to the Saltwater Conservation District letter of March 30th. She went through and made a number of 10 statements, number of comments on the erosion control plan that was submitted to her. I note in 11 her letter that satisfactorily addresses the methods of erosion sediment control. She went on 12 and talked about how it should have included plant material and methods of installation and things 13 like that, but the erosion sediment control plan is a document that' s dictated by the state of New 14 York as to its contents. It' s not a planting diagram, it' s not a planting plan or specification 15 sheet. So what I did for the Board' s benefit was I included some notes on the planting plan that 16 was previously submitted to you. I included that in the package. Essentially it talks about, 17 specifies the type of grass, the irrigation methods and how to irrigate. I also provided for 18 the Board a general specifications for planting plan, essentially a spec sheet that is given out 19 to a contractor before. So I included that, which really addresses all her comments. So she 20 unfortunately when she had the erosion sediment control plan, didn' t have the other documentation 21 so she didn't have the benefit of everything. But I pulled it all together and I have given it to 22 the Board. Ordinarily the specification sheet such as 23 this doesn' t go to the municipality; it generally goes to the contractor. It's to protect the owner 24 of the property that the plant material is installed properly and he has to do it this way so 25 it will be maintained this way. That' s essentially what you have before you. April 27, 2006 90 1 2 Just yesterday afternoon, in fact, I didn' t see it until this morning there was an 3 engineer's report that was faxed to me. I' ll go through it briefly; I didn' t prepare anything 4 written on it, but I did have an opportunity to review it, and also to discuss it with our 5 engineers for the project. Unfortunately being that this was last minute they couldn' t be here 6 but I' ll relay to the Board what our conservations were as far as my findings also. 7 For the most part the site conditions and proposed development and the soils agrees with 8 what we have presented previously. It' s more potato-potato type of thing. They're saying it 9 one way, we say it another. But for the most part, it' s consistent with the previous 10 submissions that we had. There are three recommendations that he 11 makes. He goes through talks about bluff and coastal dynamics, makes reference to some of the 12 ports that are out there, but at the last meeting I believe the Board heard testimony from the 13 adjoining property owner that put on the record that he had put in a flag pole 18 feet from the 14 bluff. He put it in 18 years ago and it was six feet of erosion since then from it, which comes 15 out to about a third of a foot per year as far as erosion rate in the area. And that's consistent 16 with the aerial photos that I presented to the Board the last time, the historic aerials as well 17 as the various reports, the reports that he states is a foot, less than one foot on some of the other 18 reports in the area. Even though it's an active erosion site, it's not significant erosion as far 19 as greater than one foot per year and in some cases, we've had cases of two foot per year in 20 other locations. He does make a couple recommendations, 21 three recommendations, one being that the applicant should conduct an analysis of the site 22 prior to the proposed development and then with the proposed development disposal system in place 23 to determine whether there's potential for slope destabilization in both the location of the 24 building and from the proposed development. I believe it was last meeting, where our engineer 25 was here, Bill Yaeger, he has previously presented a report to the Board and has also testified that April 27, 2006 - --- - - 91 1 2 the building itself will be stable in this location given the soil types on the particular 3 property. That report was for the original building, which was closer to the edge of the 4 bluff than what we're proposing now. The new building has set the building back I guess some 5 eight feet from what was originally proposed. So that moved back it further. There was discussion 6 also as far as the soil types on the site and how the leaching from the sanitary system and the dry 7 wells might destabilize the slope. I have a copy of the test boring that was done on the site for 8 the Board which I' ll pass up. This corresponds to what I find out in the field also. The first foot 9 and a half is loam, the next foot and a half is brown silt, and then you move into silty sand with 10 10 percent gravel, which goes down to about seven feet; then you get into the pale fine to coarse 11 grain sand with gravel in it also. This is all excellent leaching material, even after the rains 12 we have had recently, you can see there was no ponding, there was very little runoff that 13 occurred on the site also. In discussing it with the engineer, what's to be expected on this site 14 is really vertical recharge from the bottom of the leaching pools to essentially go down 15 straight. The only time you would have horizontal movement is where it hits the ground water itself, 16 which is at two foot elevation, which is below the base of the bluff. So we don't have the situation 17 where there' s a lot of clay in the soil where water may come down as it recharges, hit the clay 18 and then move out to the bluff; that's not happening. There's no indication of leaching 19 coming off the face of the bluff which would occur if there were clay in the areas. There are as 20 testified last time, there are areas immediately adjacent to our site where overland flow from the 21 top of the bluff, the neighbor' s lawn areas essentially directed over the edge of the bluff 22 and has eroded gully out on a section of our property. And I believe as a result of the 23 testimony, the owner has directed our attorney to contact the owner and have him cease and desist to 24 take the necessary measures to contain the runoff on his own property. So again, it' s good 25 practice, part of the erosion is overland flow. We don' t have any of this seeping coming out the April 27, 2006 92 1 2 sides and because of the groundwater elevation, any lateral movement will be below the base of the 3 bluff. So we're not going to have any problem there. 4 There was some question with regard to the retaining walls and having to bring in large 5 amounts of fill; that is incorrect. The way the site has been designed, as the Board can see the 6 plans, there' s a set of three retaining walls on the top which will drop the ground elevation down 7 from what it is in existence, then there will be another set of three retaining walls further to 8 the east, which will allow a flat surface. So we are essentially cutting it out of one place and 9 moving it to the other. There will be no fill brought on to the property, we're just balancing 10 cuts and fills on site. That slope between the two setbacks of walls will be five percent, based 11 on Health Department requirements and all these plans have been approved by the Health Department 12 as far as the recharge and everything else. He also makes a recommendation that we 13 should seek -- I'll read it. Should the ZBA grant the relief of the requirement for the 100 foot 14 setback from the coastal erosion hazard line -- which is really incorrect, it' s really 100 foot 15 setback from the bluff line -- relief should be conditioned if legally allowable upon the 16 applicant seeking or obtaining approval to complete a suitable toe protection bulkhead 17 recommended for consistency with adjacent protective measures, slope stabilization. Some 18 top soil may be added to the slope to encourage the establishment of vegetation. It also states 19 that the applicant should also be required to complete a low bulkhead protective measure across 20 the end of Duck Pond Road to mitigate any adverse impacts at the end of the bulkhead. Essentially 21 what he's talking about is going on to Town property and building the bulkhead on Town 22 property, which I don' t know whether we can obtain that permission, that's certainly something this 23 Board wouldn' t be able to address. Be that as it may, my client would be 24 willing to seek the permit for constructing of a toe stabilization. The New York State DEC doesn' t 25 like structures; they do not like bulkheads. What we would probably like to do is seek a rock April 27, 2006 93 1 2 revetment along the riprap along the base. There are a large number of stones there already that 3 are protecting the bluff presently, and we would continue that type of structure if the DEC would 4 allow us. And Pat can probably speak to it better and also your attorney as far as whether -- it' s 5 my opinion that this Board wouldn't be able to necessarily make that permit conditioned on that, 6 but we would certainly seek it because it would be to our benefit to provide a shoreline 7 stabilization in that area. We would make every effort to obtain that permit. If the Board in 8 granting the application would consider or make it a condition that we at least seek this permit to 9 build the thing, we would certainly be willing to do that. 10 The final recommendation is the storm water management where he makes reference back to 11 the soil and water conservation letter that that should be adhered to, and again, that's what I 12 previously presented to you; the soil and water conservation is one type document, but I provided 13 you with the other documents that address all the other issues that she had in there. 14 He states that the applicant should be required to immediately institute erosion 15 prevention measures on the site, particularly loose dirt stockpiles to prevent soil loss. We 16 have done that; it's been effective even after the last rainstorms. The contractor went out on 17 Sunday afternoon after the rains. I don' t believe you received the rains that we did up island, but 18 he went out there anyway and made sure there was nothing occurring and there was no erosion 19 occurring even after those storms. So we're fully prepared to institute all 20 the recommendations. If you have been out to the site, you have seen the three buildings that have 21 been created. We placed jute mat down on the slopes in an effort to stabilize those. There's 22 no movement of any types of material. The hay bales and silt fencing is still in place and will 23 continue to be in place until the site is stabilized. 24 That pretty much sums it up. I know you have a lot of to consider but again, as I said, 25 this most recent letter is something that, again, it' s more potato-potato type of thing. We' re April 27, 2006 94 1 2 pretty much in agreement with him. There's a couple of things that I think were incorrect or he 3 may not have had the complete information we provided through this process. But we would like 4 to have a decision, preferably a favorable decision on this. 5 BOARD MEMBER GOEHRINGER: We would like to close the hearing, but we will leave it open to a 6 discussion amongst ourselves at this particular point, and we' ll see what we are going to do. 7 MS. MOORE: Does anybody have any questions? 8 BOARD MEMBER GOEHRINGER: We're still absorbing everything including the most recent 9 documentation from Mr. Cramer. MR. CRAMER: There is the other letter 10 that was recently in; we'd like to have the opportunity to provide written responses to it. 11 Again, our engineers, I was only able to talk to them. One is on vacation, Joe Baer, who did the 12 original sanitary design, you probably know Joe, he was the head of Suffolk County Health 13 Department in the past, he's working for Dilbert and Bottalucci's. He' s the one who did the 14 sanitary system. We also have Bill Yeager, who is familiar with this, who we would like to be able 15 to present to the Board a written response to this. 16 ASST. TOWN ATTY. CORCORAN: How much time do you want? 17 MS. MOORE: When is Joe returning? MR. CRAMER: He'll be back on the first. 18 MS. MOORE: Did you plan on closing the hearing subject to submission to response to a 19 letter? It' s essentially addressing the Geotech certification. 20 ASST. TOWN ATTY. CORCORAN: If the Board was inclined, they could close the hearing for 21 oral comment and leave it open for a certain amount of time for you to submit written comment. 22 MR. CRAMER: If there' s other written comment coming in -- if you could just limit it to 23 the -- because otherwise I could see it going back and forth and back and forth. 24 MS. MOORE: We weren' t aware that you had an engineer. 25 ASST. TOWN ATTY. CORCORAN: That' s up to the Board. April 27, 2006 • 96 1 2 CERTIFICATION 3 I, Florence V. Wiles, Notary Public for the 4 State of New York, do hereby certify: THAT the within transcript is a true record of 5 the testimony given. I further certify that I am not related by 6 blood or marriage, to any of the parties to this action; and 7 THAT I am in no way interested in the outcome of this matter. 8 IN WITNESS WHEREOF, I have hereunto set my hand this 27th day of April, 2006. 9 10 / 11 W261 12 . s orence V. Wiles 13 RECEIVED i 14 3:eisPm- 15 JUL 1 1 2006 16 Qaji S thoid kv;n Clerk 17 18 19 20 21 22 23 24 25 April 27, 2006 OFFICE OF ) ZONING BOARD OF APPEALS Office Location: North Fork Bank Building-First Floor, 54375 Main Road at Youngs Avenue • Mailing Address: 53095 Main Road, P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net Email: Linda.KowalskiTown.Southold.ny.us Jayne.MartinTown.Southold.ny.us (631) 765-1809 (ext. 5012 or 5011 during recording) office fax (631) 765-9064 VIA FAX -' 142 q • MEMO • TO: "t 44iC'I MD° LLS i DATE: `1/02./id& RE: f kI D - tQ- /� � /q7F, thv)mFier —' 6'1)i° � -Lev 46(x- ye.rna4:1 1- 1°- alkeile (F:g10112,4424:\ 0 .40 ..,1.4,.E JOHN KALAS 995 Glen Court Cutchogue,NY 11935 April 24,2006 Linda Kowalski Zoning Board of Appeals 53095 Main Road P.O.Box 1179 Southold,NY 11971-0959 2-66 it /°/s/- OtaxAci Re: Nicholas Aliano#5846 (3705 Duck Pond Road) Dear Zoning Board of Appeals: I am writing as a follow-up to the meeting held in March. I am concerned that mention was made at the March meeting of providing"alternative relief." Specifically, a proposal to set back the proposed construction an additional few feet to the south and west of its present foundation location.I am against this, and do not feel that it is proper or rational. It is essentially ignores the setback rule from the bluff. I also want to reiterate that there has not been any showing to date why the house cannot be built so that it fronts Duck Pond Road. Indeed, Mr. Aliano has already constructed a new house on Duck Pond Road on an adjacent lot with the same pitch and other lot characteristics. Constructing the house on Duck Pond Road will have minimal impact on the bluff. Any finding or decision that the board makes without a detailed consideration of building the proposed house on Duck Pond Road, will be subject to appeal. Allowing Mr.Aliano to violate the bluff setback requirements will encourage others to do so. Indeed,the neighbor to the west has a lot for sale and will no doubt rely on this Board's findings to seek a similar variance from the bluff requirements. In addition, anecdotal mention was made that the traffic impact would be minimal. I would ask that the Zoning Board consider a traffic study. During the summertime,the Glen Court cul-de-sac is subject to constant entertaining by the residents. Finally,the Board should investigate further under what circumstances the permit was granted. The illegal permit that was issued has created this mess and someone at the building department that issued the permit should be held accountable. Thank you for considering my views. - • cerel,, P OFFICE OF ZONING BOARD OF APPEALS Office Location: North Fork Bank Building-First Floor, 54375 Main Road at Youngs Avenue Mailing Address: 53095 Main Road, P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net Email: Linda.Kowalskina Town.Southold.ny.us Jayne.Martinna Town.Southold.ny.us (631) 765-1809 (ext. 5012 or 5011 during recording) office fax (631) 765-9064 VIA FAX 7(jc- ' - MEMO • TO: C n j IL,12, p DATE: 4/d-1 (.0 RE: c. a.,pf-eP,0 • ' V S / A ,,/}i alp- 04-1-e-evds — C &Ads. /1 pd . . ,;koor(George)Mootoo P.E. P.O. Box 1293,Westhampton Beach NY 11978 Engineering Review for Town of Southold C Zoning Board of Appeals Aliano Property, Duck Pond Road APR 2 6 2006 Scope of Report l ZONING BOAR® OF APPEALS The Town of Southold Zoning Board of Appeals(ZBA)requested a review of the site, all application materials on file, and comments on the proposed development of the parcel. The services to be provided to the ZBA include a site inspection, review of documents and preparation of an engineering report on issues relating to the site. This report should be read in conjunction with other reports that have been,submitted to the ZBA by Town staff, Suffolk County Soil and Water Conservation District,the applicant and its consultants. In the interest of brevity, some descriptions of the site and other materials have not', been repeated as it has been adequately covered in other reports. Site Conditions The site is located at the western end of Duck Point Road and abuts Long Island Sound to the north(Photo 1). The property has steep slopes off Duck Pond Road and Long Island frontages. At the top of the slopes, a small, relatively flat area has direct access to Glen Court. The undisturbed flat area at the top of the slopes was approximately 6,000 square feet, and is defined approximately by the 60' contour, which wraps around the north and east slopes. The contours from the north-facing slope wrap around the site to the east, along Duck Point Road. The slopes of the eastern side of the property were disturbed by construction activities and partially hidden by mounds of dirt; however, there did not seem to be any active erosion or slumping along this section of the property(Photo 2). From Duck Pond Road,the slope to the flat area is approximately 1:2.3, or 23 degrees. The slopes along the Long Island Sound are actively eroding and the top of the bluff can be easily identified by the erosion scarp running parallel to the shoreline(Photo 3). From the Sound,the slope is approximately 1:1.15, or 41 degrees. These slopes translate to approximately 43% and 87%respectively. To the west of this site, properties'have been developed between Glen Court and the top of the bluff. In some instances?there appear to be some sort of development(possibly decks) almost right up to the top edge of,the bluff Photo 4). Most of this development.appears to have taken place prior to 1988. Likewise, along Duck Point road, properties have been developed, or are being developed, to the,south of the Aliano property that is seeking,a variance. These properties were likewise developed along steeply sloping topography(Photo 5). , Every property to the west along Glen Court, for at least 1200 feet have some form of toe protection and slope stabilization to shore up and stabilize the face of the bluff. The toe protection varies from timber bulkhead adjacent to the site,to rock revetment to the far west(Photos 6& 7). Town of Southold ZBA File#5846,CTM 83-1-12 Page 1 of 11 - r koor(George) Mootoo P.E. P.O. Box 1293,Westhampton Beach NY 11978 At least one section of the timber bulkhead is failing and in need of repair(Photo 8). Several areas of slope stabilization have severe erosion gullies from the top and middle of the bluff, typically caused by poor stormwater runoff practices(Photo 9). A's mentioned earlier, the bluff along Long Island Sound is actively eroding, as evidenced by the bare slope without any vegetation. There is also evidence of material from recent slumping of the , bluff face, which was identified as a small dune area at the toe of the bluff by Cramer Consulting Group in its March 23, 2006 letter. The erosion of this slumped material through a vertical face of 1-3 feet high is also evidence of active erosion. A discussion of bluff dynamics is included later in this report. • - The beach seaward of the bluff appears to be relatively stable, owing largely to its composition of cobblestones, gravel, shells, coarse sand and some larger boulders at the toe of the bluff and offshore at the water's edge(Photo 10). This material is most likely the remnant of bluff erosion, with the finer particles having been transported offshore by normal tides and storm events. The site was inspected on Sunday, April 9, 2006 at 1:30 pm. High tide at Mattituck Inlet was at 9:26 AM that day, and the high tide line is clearly visible on Photo 10. The measured distance from the toe of the bluff to the high tide line was approximately 25 feet, which is at odds with the high water line shown on the survey. It should be noted that the survey was initially done on January 23, 2004 and the high water line will vary over time. Proposed Development The owner is proposing to construct a single-family residence on the flat area at the top of the bluff and steep slope. In order to construct on virgin soil, the footings have to be excavated into the steep slope on the eastern side of the property. Timber crib retaining walls are proposed on the eastern slopes, possibly to offer some support to the foundation and to satisfy requirements for a septic system located midway down the slope. The space between the crib walls will also create some useable lawn/landscape area by moderating the slope between the walls: A substantial amount of fill will need to be placed between the upper and lower crib walls to achieve the proposed grade. The survey fails to show the proposed regrading of the site between the upper and lower crib walls. It also appears that the lowest section of the crib wall may be higher than 6' as shown on the cross section. Both of these items should be reviewed and- corrected on the survey. There have been numerous reports and assessments of the proposed development by Town staff, Suffolk County Soil and Water Conservation District and the applicants' consultants. This report will not rehash any'of those findings other than to comment on key issues that could have an engineering impact on the site. Soils The material supplied for review'did not include the results of a test hole. However,the Suffolk County Soil and Water Conservation District has identified the soils at the site. Additionally, the engineering report-prepared by Hawkins Webb Jaeger PLLC references a test hole by McDonald Geoscience, showing an"upper soil stratum of silty sand and a lower stratum of fine to coarse Town of Southold ZBA File#5846,CTM 83-1-12 Page 2 of 11 =koor(George)Mootoo'P.E. P.O. Box 1293,Westhampton Beach NY 11978 sand". The analysis does not take into account the proposal to introduce groundwater flow from drywells for roof runoff and the septic system, and disturbance of the eastern slopes for the installation of the septic system. Bluff/Coastal Dynamics The U.S. Army Corps of Engineers Shore Protection Manual (2002), (SPM) defines a bluff as"a• high, steep bank or cliff'; whereas Ch. 97 of the Town Code of the Town of Southold defines it as "any bank or cliff with a precipitous or steeply sloped face adjoining a beach or a body of water". According to the definition of the Town Code,there is a bluff on the north side of the site, but not to the east as the eastern side, even though steeply sloped, does not adjoin a beach or body of water. It should be noted, as previously mentioned, that the contours along the north bluff wrap around the site to the east and south, creating very steep slopes with a relatively small flat area to the top, above the 60' contour line. - SPM discusses the erosion process of bluff erosion of cohesive soils. Much of the discussion is also relevant to the soils at this site, except that toe erosion is unlikely to lead tp oversteep cliffs as mentioned'in SPM, as material will slump more quickly as the toe is undercut, due to the sandy nature of these soils. SPM states(Part III, Ch. 5): "Slope stability is a function of the balance between the downward force of graviol and the strength of geologic materials in a bluff or cls The strength of the geologic materials depends on the•cohesion of the particles and the presence or absence of groundwater. The stratigraphy of a bluff or cliff can have a significant effect on slope stability. Weak clay layers can provide slip planes for slope failures, or serve to confine groundwater flows, which may appear as springs at the bluff face. Where groundwater exits the Bluff face, .seepage erosion can occur. Also, depending on the sequence of layering, groundwater ,flows can act to increase pressures within the slope and contribute to instability." The applicant proposes to install the septic system for the proposed residence along the east slope, abutting Duck Pond Road. ,It is also proposed to install two leaching pools (or drywells)to handle roof runoff although the locations were not shown on the survey plan. Both proposals will introduce water within the soil layers. Depending on the soil layers, this could destabilize the already steep slopes.. There is evidence of gully erosion from the top and along the bluff slopes to the west of this site, which warrants a more detailed investigation of this site. Properties to the west have a potential failure zone along the north slope only. The subject site has potential failure zones'to the north, east and south of the house location. Recommendation: ' The applicant should have a geotechnical specialist conduct an analysis of the site and slopes prior to the proposed development, and with the proposed development and septic and stormwater -• disposal systems:in place, to determine whether there is any potential for slope destabilization from both the location of the building and from the proposed development. In addition, lawn areas on the site should be kept to a minimum and use of drought-resistant grasses and shrubs etc should be stressed, in order to minimize the need to have large volumes of Town of Southold ZBA File#5846,CTM 83-1-12 Page 3 of 11 _, koor(George) Mootoo P.E. P.O. Box 1293,Westhampton Beach NY 11978 irrigation on the slopes. These comments are in addition to and in support of the comments made by Polly Weigand of the Suffolk County Soil and Water Conservation District(dated March 30, 2006)in this regard. - As mentioned earlier, there is insurmountable evidence that the bluff along this stretch of coast is actively eroding. There is evidence of recent slumping of the bluff face at this site, as well as of erosion of that slumped material. The need for property owners to the east and west to have installed hard toe protection and slope stabilization measures is further proof of bluff instability. Davies, Axelrod and O'Connor studied erosion of the North Shore of Long Island. The study was prepared with support from the Nassau-Suffolk Regional Planning Board and published as Technical Report Series#18, by the Marine Sciences Research Center of the State University of New York, in June 1973. The study recognized that eroding bluffs on the north shore are the major source of sediment supplied to the beach environment, and bluff deposits consist of a mixture of glacial deposits ranging in size from large boulders down to clay and silt. The study also recognized that erosion can be caused by hurricanes as well as northeasters and pointed out: " The effects of the northeaster dimer from those of hurricanes in that the latter produce higher tides. However, northeasters are much more frequent than hurricanes, and the combined effects of two or more storms in a short period of time on beaches that have not achieved full post-storm beach build-up can be just as devastating." The study also quantified erosion along the coast, measuring a long-term erosion/recession of the bluff of 1.0 feet/year,based on data from 1885-1965. , Aubrey Consulting Inc and Applied Coastal Research and Engineering Inc in 1999 carried out a more detailed and recent analysis. The report;"Historical Change Analysis: Western Town Line to Horton Point, Southold New York", was prepared for the Town of Southold and the NYS , Department of State. Historical shoreline change measured from 1884-5 to 1`998, along the north shore of the Town of Southold. Over that period,the study found-a steady bluff recession averaging 0.8-0.9 feet per year. Analysis of recent photos appears to be inclusive, but is consistent with a slow rate of erosion. Therefore, it should be expected that the bluff fronting on Long Island Sound will continue to recede through toe erosion and sloughing of sediment off the bare face. Cramer Consulting Group, in its,letter dated March 23, 2006 stated that the permit from the NYS DEC does not allow any grading or toe protection of the bluff. The NYS DEC permit(Special Condition#5) states "... There shall be no disturbance to the natural vegetation or topography north of the line labeled 'Top of Bluff".",This is most likely a condition related specifically to the construction of the house, and not a blanket comment regarding toe protection or bluff stabilization. It appears, from the record,that permission has not been sought for a toe protection and bluff face stabilization project. The NYS DEC may look favorably on toe protection and bluff 'stabilization of this property, as it infills the last unprotected section to the east and west of the site. Town of Southold ZBA File#5846,CTM 83-1-12 Page 4 of 11 ,7?koor(George)Mootoo P.E. P.O. Box 1293,Westhampton Beach NY 11978 Recommendation: Should the ZBA grant relief from the requirement of 100' setback from the Coastal Erosion Hazard Line, relief should be conditioned (if legally allowable)upon the applicant seeking or obtaining approval to complete suitable toe protection(bulkhead recommended for consistency with adjacent protective measures) and slope stabilization. Some topsoil may need to be added to the slope to encourage establishment of vegetation. The applicant should also be required to complete a low bulkhead protective measure across the end of Duck Point Road to mitigate any adverse impacts at`the end of the new bulkhead. Stormwater Management The applicant has submitted an Erosion and Sediment Control Plan, which has been reviewed by Polly Weigand of the Suffolk County Soil and Water Conservation District(letter dated March 30, 2006). I would like to reinforce her comments that the plan was prepared and implemented in a very generic manner. Further,the use of haybales and silt fence only on this site is totally inadequate. This system stresses Sediment Control at the expense of Erosion Prevention. Sediment Control is best managed when Erosion is prevented in the first place. It is particularly relevant to this site owing to the steep slopes and large stockpiles of loose material excavated from the foundation. Typically, soil loss-through erosion is greatest when material is loose. The haybale/silt fence system can be overwhelmed during a period of heavy rainfall, potentially leading to silt being transported into Long Island Sound. Recommendation: The applicant should be required to immediately institute erosion prevention measures to the site, particularly to the loose dirt stockpiles, to prevent soil-loss. Measures can include temporary seeding of the stockpiles and/or straw or mulch cover to the disturbed areas. In addition, should relief be granted and construction resumes, site revegetation should be done as early as possible in the project, instead of at the end. 41111 Thackoo. Moo oo P.E. Town of Southold ZBA File#5846,CTM 83-1-12, Page 5 of 11 'koor(George) Mootoo P.E. P.O Box 1293,Westhampton Beach NY 11978 LONG ISLAND M , , . Ir SOUND . _. k Topofbkrff • y * s M1 y. . t .r r 4 i1 . _ I. '' •,,, i ..• Photo I - Site Location � - ,. - .". ME ' I •, ,,, 3.L 1)9t, y Y r h e. ,- rt .1 •. a IYI We Photo 2 - Steep slopes on eastern side of property Town of Southold ZBA File#5846,CTM 83-1-12 Page 6 of 11 Edge of �` Actrve/y eroding doff fact. Active 6., eroding '.i it -- " 1110 + syr' X I. " ;.w �4 "e..r.occ II tie• 'W.. t CO •..rie "a_- Z---.-SIG ~ • - .ice W fD T = O Photo 3 - Site frontage on Long Island Sound 3° 0 coc. 1 bC w Z O CO 8 oo ¢ - o o . ANY coo • koor(George) Mootoo P.E. P.O. Box 1293, Westhampton Beach NY 11978 a , - _ t, I '' '` ,,,,ii,,,,:,„{: r 4-4: 11+ i 1. - 1 r Photo 4 - Development cbse to the top of bk,rff to the west 14110,1 "r. ..1. A -- P N. i. ' ' . V--;' . • ,, i 1 r Tri .. 1 df 1 r y , T �- - mompojw. . ,y i • Photo 5 - Development to the south of the site, along Duck Pond Road Town of Southold ZBA File#5846,CTM 83-1-12 Page 8 of 11 • • *oor(George)Mootoo P.E. P.O. Box 1293, Westhampton Beach NY 11978 , .:) -1 T „1_ r�''4 4 T x' 3 7r Ike ' • _ .lam Ay i , Photo 6 - Typical bwkhead toe protection to the west :y te. :y `. Y-. Y -x lr It 40 ii ..., , __ , . , _ * ' :: :4. ' rid•; A. i • * .'"'— C 410111" 4-4 .5', Photo 7 - Typical rock revetment toe protection to the west old ZBA File#5846,CTM 83-1-12 Page 9 of 11 ;koor(George) Mootoo P.E. P.O. Box 1293, Westhampton Beach NY 11978 . AI ,---:.,,'.-,-..oputlelemriliK .arimalk f . e., ,. itt i. -' ,f i Q L ' pit 1 O_ '..►, Q - - Q lifi r,7 t i 4] O 1 y ` ' Ir ,•X , ..'h . T . --ti , co •. '"- try" ��'":-r6 1y'' 4 .+ `• ' t a rt,:,.„ r "w."1L i`1►,d,; ..IX t .I 4'#��� Si',y� 24 v,:. ..� ..;1 Q Am, ,: ......•..t.F,,,;... , . ,. - arillittii,..... CL.4 4, .7 oials, t-,ntr..megtE.,, „. ..•. •. 1. or psi''- ^ J Qr' ''1 h.-- - _ Ir w Photo 9 - Typical gully erosion, through stabilized slopes to the west Town of Southold ZBA File#5846,CTM 83-1-12 Page 10 of 11 Material eroding after'Skimping off bluff Cobble/coarse High Water sand upper beach Line 111.1111111111111a P . ' _ likbpor 4-`, y �i • ;wr 1(' 440.11.1.74.�. ' 4$'"�i`' .4.. ma y. •!," !ti -r •a 4 • ice` r 0 = O v O # 3 -' Photo 10 - Beach prot/le seaward of toe of bluCU ff . N 0op. a � O CD cp `d O (cD 5, Z O O O 0--, p. O O, _O r~-i N co .rti S. � Lim�il 421`1y��€ As i s3 Complete Land Use Services--Including Planning,Design and Environmental P.O.Box 5535 Miller Place,New York 11764 Thomas W.Cramer,Principal Telephone (631)476-0984—Fax (631) 476-6933 April 20, 2006 EXPRESS MAIL ECFN Er �i Ms. Ruth Oliva, Chaim= Board of Zoning Appeals APR 2 5 2006 Town of Southold PO Box 1179 Southold,NY 11971 ZONING BOARD OF APPEALS -- Re: County of Suffolk Soil &Water Conservation District Letter of March 30, 2006 Nicholas Aliano ZBA#5846 Dear Madame Chairman: At"he request of Patricia Moore, Esq., I have reviewed the above referenced letter that was sent to you in review of the Erosion& Sediment Control Plan(ESCP)Trepared by this office for the Aliano parcel. The letter states that the ESCP satisfactorily addresses the methods of erosion and sediment control for the parcel. However, I note that they did not have a copy of the Aliano Planting Plan, which was previously prepared for the site and referenced in the ESCP. Many of the questions that the letter raised, including the types of plants and grading, were addressed in the planting plan prepared by Cramer Consulting Group, dated January 26, 2006. The letter goes into great depth with regard to how to plant and assure the survival of the plant material on the site. It must be stressed that an ESCP is not a landscaping document, as is suggested in the comment letter. The required contents of an ESCP is defined by the NYSDEC and the document fulfills all the requirements for erosion and sediment control, while detailed discussion on landscaping is not required. As part of the requirements of the NYSDEC, a Notice • of Intent(NOI)has been filed with the NYSDEC. A copy of the ESCP has also been submitted • to the NYSDEC for their information. The project is a permitted activity under the NYSDEC regulations. As discussed above, the ESCP is not a planting plan or specifications document. The Planting Plan-Aliano @ Cutchogue that was done to fulfillment of the Trustee's permit requirements was also previously submitted to your Board. The Aliano's planting plan was developed specifically for the site and the conditions, and has addressed many of the comments in the March 30, 2006 letter. However, to address the remaining specific comments in the letter by the County, additional notes have been added to the planting plan. I have enclosed a revised Planting Plan dated April 6, 2006 for our consideration. In addition, I have provided a copy of the general specifications for planting procedures on the Aliano site. A specification document such as this is usually not submitted to a town; it is a document prepared to assure that the plant materials are installed properly on a site by the contractor This specific document provides the specifications discussed in the Suffolk County letter, as well as additional information regarding the installation of plant material on any given site. Therefore, considering the SSCP, the revised Planting Plan-Aliano @ Cutchogue, and the Aliano @ Cutchogue—General Specifications for Planting Procedure, the comments made in the County's March 30, 2006 letter have been addressed for this project. I have included seven(7) copies of the revised planting plan and specifications for the Board's consideration(copies of the ESCP were previously submitted to you). I will also be at the Board's hearing on April 27th should you have any specific questions with regard to the above. Thank you for the opportunity to submit this additional info i01�d your attention to the pP Y matter. Very tru T.•mas W. Cramer, ASLA TWC/el Enc. CC: Mr. Nicholas Aliano, w/o enc. Patricia Moore, Esq., w/o enc. APR 2 5 2006 _ZONINO SOAF3n OF APPEALS OVERALL SITE /"/ PLANTING NOTES �NQ N //// Appropriate erosion control measures to be taken to precent erosion of sO\ s`����E, slope and silting of adjoining property and roads Measures to Include, Q -e-- but not limited to,stacked straw bales,silt screen fencing,mulching,etc. \S" Erosion control measures to be constantly monitored and appropriate `('j111 / steps taken to immediately correct and/or repair to provide proper protection LO /�" / 10��a.-..,' --- ..''\\ f,r,''� Erosion control measures to remain ineffect until slope is stabilized with \ r'' vegetation r / „.......„----_____:::::_-___=.-,..., ------ ,X''' .rA`"'e /// i /� -�--- - \\\ \\ \\ OG Where possible,existing trees,shrubs,stumps and roots to remain on /��� // / �i����� , -�-_ \ \ \ \\ \\ \\ C� slope to provide stability,provide opportunity for additional plant growth /// ,'- �- _-_—���;:.._---,;\\\\\\\\ \ \ \\ and restablishment of previous vegetation /�/ rr/i,/rl,. _"✓�_ -\ \ \ \ \ \ \ \ \ 'Q // F'--,ice/�/ice�”- �_y --\ \ \ \ \ \\\\ \\ \\ \ 0 Slope to be hydro-seeded immediately after final grading Hydro-seeding ��/! o�D/�/i/ice/i/i%- �'.�-'-'\ \ \ \\\ \1 \ \ \ \ \\ 2 applicatluon and mixture to be according to manufacturer's specifications / iii/„„ilii/iiii,i```�- -i�=`;\\\\1\\\ \ \\\\\\ \ Q /,,-. - - - rill„/i/iii/r/ririi.--- _--- =._=''\ \ \\\\\ \\\\\ \ \\%A.4\.4100.0 \\ Suitable plant material can be substituted for plant material specified on �h" ,...5....::::::„.9;:-//// TSO'. (flat f'Aatarig 8-tJ,)�Htstt eak t ( / \ 1 \ \ \G,e ` \ \ 0 this plantingplan onlywith theapproval of the landscape architect. / `�•, ././i/i, ///,/,-1-- \ V V 1 V :cc', 6 4. ///�0-' ' \ \ \\ \ Plant material to be monitored for a two year period to assure a minimum ° '.....!$,, ' ��i�/i/i////i/ � \\ \ t 1 ; t VV 5P.` //, 1� �M \ survival rate of 80%during that period °J°"� / /i, i-......::„.-;„<„ '......5,r i i��i/r,/i/-- -k' \ \ 1 t l 1 1 JIe iv;,,IP.,,, { \ \ \ „o _,y ----'7.5------:-.."--;-,%-.---%%%-;"%%";;---.:::--6 i%��, / i- ii ,,,rte \\ \ 1 \ vi 0' I ,,~ >ir,� :r, 40\ \ Proposed lawn area to be sod =a--- ---,,,,:.-,...-_-_-_________._:>,,,,,,,,,_;,,,, ,/ .- / _ ��-/,,,, /i \ \ \ 1 i eS lay 1 GI' „.,, \ \ ----z-lo-- �.ii'/%/r''!/i,,...�-i i i i-ri., \ \ \\ 1 VI 1 It\ -,..0 IN�.,tl{) 1`c'`-_., \\ —__zc-1'�=_ i%irk i%i•����i i ii/^ \ \\ 1 1 1 +JlI m 1 4'��*'.t���tl 1.`.�-a~. 5-M \ -- a "iii/!i �"�-_iii:\ \ \ 1 • t�-RR�'�i+'i �. �(�� 1 -_---3'a4 -�/�i i i//` _`���- \ \\ \ ,l-ler,\ 11 1 I 1 1 t `fes :�...�,�f�j Q21z1\ t \\ -_-__�. di --.1-- -..� \ ,....t.:„✓ 1 1 Rq 1 \ &AAP\ "0.461 \ \ \ \ - f --i i iii i�-` \\ \ . 1 1 \� 1oq.IP, r bs'd\ V� 'Allot 11 3:V 1 _ O� .r- -iii//ti •.��� 1 { U 1 P P Q 5 P P l. 77,-.-.6.2,--on �--"..7,7/>" �..� 1 1 1 el. 1 1 \Lb {i�ree 91 R1 „il,4V \V-'o7 stkd so- : \ Y•I. -,rr, -/fir \ i+06 \\ 1 t 1 J``� 2,7.F.It \ 11 \'11MM,v,ANI (�, es& Silt Fe QHS -7, _-'`..s^,.. ,•,k 1 ` l{ \\\l '&)• \stn [S' 1 , j \ Qe ��; J r \�1 ` \♦ . v1 \\;1 1 1 /71!'1j1 M if iii - c ,,,��rr Y5"i2 j s7' 1 Fg°@ \\\\��i�,I^l i 1 r,-IR /41p, 1 tA.; \ I \,\\ A -,fL ,--7 fil /'r * N., I \4'.0 1 Vat, a , t2 MPt le#ie 1 o a, - I gem"msc r q� t *r / q o I : ¢M c./ , meet j1p .,U f \ �e \ 1 1 V\k+:��1 lgBR Phi '� - 1 \ 1t-PM V�Y R �r / k, T r` y '� \\ '000�!0 `"i \ 16F� ,i t�� I ,'A-."!'•' 1 1s T-MP ' \\ J, �,�, 1 fir, 1 t i•` �,\-�� s�®\ ��6` SI_ 3' totes q� :.., 1� , 1 , riyo0/681 �Ca I ,�; 'c ;;/I /' 1) efl-.P,0 bilsfelq°p0 �RC�`� _ ) `;• r f/ 1/ Proposed Retaining Walls Op�� �\/� ir/ f I Each Approx 4'Hlgh A44 1J is IP' If 1 r, \ i' //// \.O�4 o io 20 30 40 ' ' //r",...///// a°fit PLANTING PLAN Survey mfarmaton from \ 1 'i / "� Cr. e C nytsur Group ALIANO AT CUTCHOGUE PECONIC SURVEYORS,P C 1 1 '''t / /// Cr�I tier L+ ilS{,r.A x.71 QIM1� PO BOX 909 1 / /// '� 1230 TRAVELER STREET 1 I 1 /// loCthon SOUTHOLD,N Y 11971 1 , // / January 13,2009 / /// e/o Glenn Court,w/o Duck Pond Road,Cutchogue,Town of Southold _ LOT NUMBERS REFER TO'MAP OF VISTA BLUFF'FILED ( \ / J Caq•'ktnsit'•.• -1'ru9rfP.anryetv0¢n.mfPr . rst PM" ALIN01 Tsc Loth 1000-83-1-11 812 MARCH 15,1968 AS FILE NO 5050 \,!O 1 , P 0 BOX 5535,tY5111er„lace,115W York;117,34 /� 04 •1 `1 (631)476.0904 f Date 01/26/06 scale As Scaled 1 G\ ELEVATIONS REFERENCED TO N G V D -• ,., I \ ' Do noisy TWC Drmm£y TWC Oiodxdby Remaons 1000 83-01-V AREA-G 474 SQ "T TO T,F, NF 1000-83-01-,2-•RFA=34 324 S^ FT FO"I=I I\C .085WC Um., Sheet 1 of 3 PLANT LAYOUT PLAN \\ \ \ /N\ ,:\ 1 ' 1 \ / e'-\-\‘c,# \ \ \ \ \ \ \ I _ p\nn ( / fr4kc,c,,c4a1 \ \ I Welk\ \ \ , , \ \ , \, \P-,\ *- .1. / , 4011 ' 3\-JV \ \ I 1 1 b'- .. ail^ \\ 1 1 li �i�oli es 11 1 ` ,..0.0.104 -4 '�+L 40 RR\S o \ 1 • e .T>,T a \ U \ 4'w44"4:=4°1° x=4°1 \ \ Proposed Retaining Walls Vit♦ 0 % \ Each Approx. 4' High 11 #`' 1 (oI4,r♦L{► ;tap ,� ' Oo \ 1 i \ ' O, •+1� el, \6 ;�. 20-IRA \ 5 1 1 1�-R� �AO�♦� aphid.' I \ O 1 I 11111 01"V ' ►aft, 1 1 \ 7a;#'\ \ ; AT �� n \ 1 . 1 11 1 1 \ �>,�� ��, \ • 1 1 8 RI3 1 \ \8-n�P \ ���IA �� , =� \ \ \ IL-��; 101M►� \ \ \ \V' \ `�1\ \ \ \ca \ Pr�p�sed \ 1� �� 41�-�;, 3 -\JV \ ��n \ Law rea �� �`r�� r\�^��� i \ \ 9`RRl !� �� \�'�'�7 1 Stked Stw Bales ��.��N \ \ \ \ \\11.A r 0* ``j Silt Fe ce 1�� c� 1 \ \ 1.;x :11 iii ., t -..� , \,..,, vim`\�; . ),t, is ea�, I ®® � of o'�'oppS ,O ����; 1 1 I till�l ` i�� c 0 I`ry \70 NI 72\1 10CI o *o 1 1 Aiikti �� 1 , a \ I N A ^ ..' 0 .0p) I 1'% ►\��1 2-IVI PI ,�, Return or to meet S'• > A adjacent site's erosion& :i t �A ► ; sediment control 3?� />c 1 01���`,(V 1 -nh- �A/�` N V.)1 No > � L vY ��` `��0 I 1 1��oyik g_ R ,Crice 1 .� \ \ 101- PM 1i= tst F ' e fe0 - . 1! .*^ I 1 \ \ 7-11/1P ' t;I es 6- � '= 1 ,�`�i'ti„, Ar:04 / \ 1 i \ ` Cramer Consulting Group 01/26/06 es \ \ • 1 I I PLANTING PLAN 0' 10' 20' 30' 40' , r\• \ \ , 1. , 1 ALIANO AT CUTCHOGUE 1 1 / ) Sheet 2 of 3 / a PLANT SCHEDULE NOTES -Tempoary seeding of Cereal Rye Grass shall be used on all exposed areas prior to final grading at a rate of 2 bushels/acre -A seed mix of Hard Fescue,Creeping Red Fescue and Perennial Rye Grasses _ shall be used after final grading Application may be by hydro-seeding,if not, h Symbol I Scientific Name Common Name Size Quantity Straw mulch is to be applied immediately after seeding r' JV WT Juniperus virginiana Eastern Redcedar _6-7' ' 17 -Irrigate as needed to assure proper germination Irrigation to be minimum required - - for germination and establishment of grasses Extreme care to be taken to M P M rice pensylvanica Northern Bayberry 18-24" 35 assure no runoff or erosion occurs on site as a result of irrigation RR Rosa Rugosa Rugosa Rose 18-24"- 78 -Stock piled topsoil to be spread over site to a minimum depth of 2" Additional RRS Rosa R.l l os. Ru osa Rose 1 8-12" —W 40 topsoil to be provided as required Compost shall be added to assure sufficent —, organic material in mixture RA Rhus AromaticaFrangrantSumac 12-18" ` 20 -Backfillmaterialfortreeandshrubspeciesshallbetopsoil Topsoil to be j " PM Prunus maritime Beach Plum 18"24 47 supplemented with compost as needed to provide sufficent organic material in mix _ — _____ -After planting and seeding,soil tests required to determine appropriate minerlal and nutrient applications -See planting specifications for additional details 1 cllik 7.-4 PLANTING DETAILS Existing Grade 3"Mulch Proposed Grade ` -.-C---(.1711-"r" "- WM-.1h, 16" : . 8"Min- rf�*'7I' :z; ,lt'j�l 1r-- Planting on --- -- _ „-'=�I Slope Detail 6"Mm. l Tree trunk supports 5/8" /w rubber hose or equal ` - Note See other Planting Details for more information Not to scale i Slope to loan saucer 11 gauge guy wire �y _ � / 3"wood mulch 3"wood mulch i F�� 6"mound around edge of pit .-,r it.mound amend dKe of pit Stake or equal 1, g Loosen 1/3 of burlap bull Finished grade'\ (�. Burial mixture ft-el;/ y ♦1(r r Finished grade _ \ �1`Ls• 1/ �� as per specs - • .= Depth vanes with ball size \�����\ � ••••Root ball •-� Depdu xries with ball she • . • Loosen 1/3 of burlap ball Backfill mixture Undisturbed soils e\ as per specs Undisturbed wily __ - __-•Cedar stakes minimum _ Cramer Consulting Group 01/26/06 Shrub Planting Evergreen Planting l foot into undisturbed soils Detail Not to scale. Detail short Note:sakes OR to staked cedar th stakes PLANTING PLAN Nattaseale. ALIANO AT CUTCHOGUE as shown. Sheet 3 of 3 ` '3 \., F 7177 "-r . S ,nGw.. - . .. ".,,. ':1 7" .�„ + � ,T»ar . s EL .Ofir§1414 � , 071. a , '� �. 4` a .� af, 43 . ^ca. .. ; r*t:k. f �� r:'.*„ A'' i` r'v0.: 7 Complete Land Use Services--Including Planning,Design and Environmental P.O.Box 5535 Miller Place,New York 11764 Thomas W.Cramer,Principal Telephone (631)476-0984—Fax(631) 476-6933 ALIANO @ CUTCHOGUE GENERAL SPECIFICATIONS FOR PLANTING PROCEDURE Landscape Architects: Cramer Consulting Group, Thomas W. Cramer, ASLA A. Planting Season 1. Planting shall be done within the following dates: , Deciduous Trees and Shrubs Oct. 15 to Dec. 15 AF'K 2 5 2006 Apr. 1 to May 15 Evergreen Trees, Shrubs and Vines Sept. 1 to Nov. 15 ®NsN� �o��o o��PPEALs Apr. 1 to May 15 2. If special conditions exist,which may warranta variance in the above planting dates, a written request shall be submitted to the Landscape Architect stating the special conditions and the proposed variance. Permission for the variance will be given if, in the opinion of the Landscape Architect, the variance is warranted. (CCG) 3. Contractor shall commence work within 10 days after receiving notice from Landscape Architect and shall continue until completion as indicated in Progress Schedule. 4. At the option and on the full responsibility of the Contractor,planting operations may be conducted under unseasonable conditions without additional compensation. B. Planting Operations 1. General: The contractor shall be responsible for planting at correct grades and alignment. 2. Stake out on the ground locations for plants and outlines of areas to be planted and obtain approval of the Landscape Architect before excavation is begun. C. Excavation of Planting Areas 1. Care: No plant pits shall be dug or prepared until their location is approved by Landscape Architect. Reasonable care shall be exercised to have pits dug and soil prepared prior to moving plants to their respective locations for planting to ensure that they will not be unnecessarily exposed to drying elements or to physical damage. , 2. Circular pits with vertical sides' shall be excavated for all plants except for hedge and plants specifically designated on the plans to be planted in bed. 3. Diameter designated on the plans to be planted in beds. Diameter of pits for B &B material and B R material shall be at least one (1) foot greater than the spread of the ball or roots. The depth of all plant pits shall be enough to accommodate the ball or roots and the prepared soil in the bottom of the pit. AP R 25 2006 4. Pits2 zoivfia. Table of Pit Sizes: troAnD (1) Balled Plants: ��AppEilcs Diam. of Diam. of Depth of Ball (Inches) Pit(Feet) Pit(Feet) 12-17 3.00 1. 00 18-23 4.00 2.00 24-35 5.00 2.00 36-47 6.00 3.00 48-59 8.00 3.00 Vines 0.50 1. 00 (2) Haw Hoot Plants; Plant Height Diam. of Depth of (Feet) Pit(Feet) Pit(Feet) Shrub 2to 3 2.00 1. 00 Shrub 3to 4 2.00 1. 00 Shrub 4 to 5 3.00 2.00 Shrub 8 to 10 4.00 2.00 Trees 8 to 10 4.00 2.00 (3) Square Pits in Paved Areas: Diam. of Ball Size of Pit Depth of Pit (Inches) (Feet) (Feet) 30to41 5X5 3.00 b. The depth specified for excavation of plant pits shall be the depth below finished grade required to accommodate beneath the ball or roots a bed of topsoil not less than 6 inches in depth. The ball or roots shall rest on this bed when the plant is properly set to finished grade. (1) Where surface or sub-surface conditions prevent digging a tree pit to specified dimensions, excavate in other directions so as to provide a pit having the same cubic content as called for. (2)Where an unsatisfactory subgrade soil condition is encountered, such as building construction debris, in the excavation for tree pits, increase the size of the pits. Except for tree pits over ten feet in diameter, increase pit sizes by one-third their diameter, and add six inches in depth to the sizes of pits called for in the preceding table on pit sizes. (American Institute of Architects) .r `'APR 2 5 2006 5. Excavation of Plant Holes Z®NiW BO P► a. The plant hole, centered at the location stake, shall be excavated cy int . , vertical sides and flat or saucer-shaped bottom. The topsoil suitable for backfilling shall be kept separate from the excavated subsoil. In addition to the minimum size given below, the plant hole shall be excavated large enough to provide for at least 6 inches of topsoil backfill around and beneath the root system. Minimum dimensions of plant holes shall be as follows: Minimum Kind of Minimum Depth Diameter Plant Size of Plant of Hole of Holes (Inches) 1 (Inches) 1 Trees 3 to 6 feet(height) ' ' ' 18 24 6 to 10 feet(height) or 3/4 to 1 1/2 inches (caliper) 24 30 1 1/2 to 2 inches (caliper) 24 36 2 to 3 inches (caliper) 28 42 Shrubs 15 to 24 inches (height or spread) 18 18 2 to 3 feet(height) 18 ' 20 4 to 5 feet(height) , 24 ' , 28 Vines All Sizes 18 18 , When planting on a slope the minimum depth of the plant hole shall be measured from the downward side of the slope at the hole. (American Institute of Architects) 6. Ground Cover Planting Ground cover areas shall be cultivated 6" deep and graded smooth immediately before planting ground cover plants. Before planting, spread commercial fertilizer at the rate of 4 pounds per 1000 per square feet over entire ground cover areas, and cultivate into top 6"of soil. Plant ground cover to within'one foot of,trunk of tree or shrub planted within the area., (Planting) 7. Soil . Separate sub grade soils from the upper "topsoil" portions and remove immediately wherever encountered during planting operations. Loosen sub grade in pits and beds to a depth of 6 inches. 8. Drainage Test drainage of plants beds and pits by filling with water twice in succession. Conditions permitting the retention of water in planting beds for more than twenty-four(24)hours shall be brought to the attention of the Landscape Architect. Submit in writing a proposal and cost estimate for the correction to the Landscape,Architect for approval,before proceeding with work. 9. Notify Landscape Architect in writing of all soil or drainage conditions which the Contractor considers'detrimental to growth of plant material. State condition and submit proposal for correcting condition if feasible including change in cost, if any. 10. If rock,underground construction work,tree roots or obstructions are encountered in the excavation of plant pits, alternate locations may be selected by the Landscape Architect. Where locations cannot be changed as determined by the Landscape Architect, submit cost required to remove the obstructions to a depth of not less than six inches (6")below the required pit depth. Proceed with work after approval of Landscape Architect. 11. Excess excavated soil shall be disposed of by Contractor.) D. Delivery and Temporary Storage 1. Insofar as is practicable plant material shall be planted on the day of delivery. In the event this is not possible the Contractor shall protect that stock not planted. 2. Protect plant at all times from sun or drying winds,Plants that cannot be planted immediately on delivery shall be kept in the shade, well protected with soil, wet moss or'other acceptable material and shall be kept well watered. Plants shall not remain unplanted for longer than three days after delivery. 3. Plants shall not be bound with wire or rope at any time so as to damage the bark or break branches. Plants shall be lifted and handled from the bottom of the ball only. 4. Plants moved with a ball will not be accepted if the ball is cracked or broken before or during planting operations. E. Planting: 1. All planting of both bare root(B.R.) and balled and burlapped(B&B)plants,unless otherwise directed, shall be performed as herein specified. No planting shall be done when the ground is frozen unless approved by Landscape Architect. 2. The roots of B.B. plants,pruned as required, shall be spread out to their approximate natural position. B.&B. plants placed in their wrapped ball shall be so set that after settlement, they will stand at approximately the same depth as in the nursery or field, the soil at the bottom of the hole to be loosened to a depth of 3 inches and mixed with topsoil. 3. The plant hole shall be backfilled with topsoil placed in layers around the roots or ball. Each layer shall be carefully tamped in place in a manner to avoid injury to the roots or ball or disturbing the position of the plant. When approximately two-thirds of the plant hole has been, backfilled, the hole shall be filled with water and the soil allowed to settle around the roots. B.&B.plants shall have the burlap cut away or folded back from the top of the ball before applying the water. After the water has been absorbed, the plant hole shall be filled with topsoil and tamped lightly to grade. Any settlement shall be brought to grade with topsoil. A generous sprinkling(approximately one pound) of raw bone meal shall be place on soil after planting around each tree and shrub and well raked in before applying mulch. • 4. Form 4 inch saucer around tree and shrub pits. Individual plant pits shall be finished with shoulder of soil mix placed outside rim of pits to form saucer over entire,area of pits. On all sloped except minor ones, soil mix shall be formed into an adequate dam or shoulder on downhill side to catch and hold water and avoid erosion and slope on uphill side shall be properly regarded to satisfaction of Architect. (Franz Lipp) Hedge plants may be planted in a continuous trench 22" wide by 22" deep instead of separate round pits. Plants shall be evenly spaced true to linepand grade after settlement. No planting except,ground cover and vines shall be placed closer than 2'to pavements or structures. F. Planting 1. All plants shall be planted in topsoil which is thoroughly watered and tamped as back filling progresses. (a) Topsoil shall be placed in not more than(6 inch)-(10- in.) increments of depth between tampings. (Water thoroughly,at each level). 2. Set all plants plumb and straight. Set at such a level that, after settlement, a normal or natural relationship of the crown of the plant,with the ground surface will be established. Locate plant in the center of the pit., • 3. When ball, burlapped, and plat formed plants are set, first remove platform from pit. Then tamp topsoil carefully under and around base of ball to fill all voids. (Remove all burlap, ropes,and wires from sides and tops of balls, but do not remove burlap from under ball.) 4, Spread out roots of hare rooted pl.mts. Work topsoil carefully in among them. Cut off all broken or frayed roots with a clean cut, (American Institute of Architects) G. Planting Methods Pits for nursery trees shall be dug at least 12 inches wider than the,tree's root-spread or root-ball. For smaller plants and shrubs the hole should be dug at least six inches wider than the root- spread. Trees and shrubs should be set a little lower in their new location than where they stood in the nursery, Nothing but approved topsoil free of dry,sods, etc., should be used in planting, Where dry weather conditions obtain, nursery materials that are not balled and burlapped should be "puddled" -the roots soaked in mud-before distribution to planting sites. Each plant should be thoroughly watered when the hole is two-thirds filled with soil. After watering, the soil shall be well tamped into place and the surface of the ground should be,left at least one inch lower than the surrounding ground level,with a slight lip at the edge of the hole forming a shallow depression or "rain-well." A two or three inch depth of mulching is desirable in the case of late fan planting. The mulch should consist of old compost, leaf mould,peat moss, or similar material. No planting should be done in .frozen soil or during an unfavorable season without the special permission of the Inspector. (Federal House Administration) H. Digging and Handling4 1. Plant materials marked BR in the itemized list shall be bare root and should have sufficient root system; subject to approval of Architect and Inspector. 2. Plant materials marked B&B in the itemized list shall be balled and burlapped and shall have solid,natural ball of earth,held in place by burlap and stout rope. Balls shall be sufficient depth and width to include all fibrous and feeding roots. 3. Trees and shrubs shall be balled and burlapped as scheduled. 4. All balls of earth and roots of plants shall be adequately protected by the Contractor, from sun and drying wind when planting. 5. All balled and burlapped plants shall be healed in and protected with burlap or other accepted material if they cannot be planted upon delivery. All bare root plants which cannot be placed immediately, shall be planted or healed in trenches and thoroughly soaked. Bundles shall be opened and separated before healing in. Trees with broken major branches or badly bruised or damaged bark are not acceptable and will be rejected. 6. Plants shall not be bound with wire or rope at any time unless necessary to facilitate handling. 7. All pits shall be circular in outline, unless otherwise specified. Excavated material shall be removed and disposed of promptly. 8. All shrubs planted in beds shall be placed according to drawings. 9. When balled and burlapped materials are set, firmly compact the soil about the ball and then remove burlap, rope, etc., from top and side. 10.Bare root plants shall be spread out and topsoil carefully worked among roots. Cut cleanly all broken or frayed roots. All plants should be firmly compacted and watered as immediately after planting. I. Precautionary Measures No plants shall be taken from the temporary nursery for planting on the project until after the tree pit or holes for the plants in the section to be planted have properly excavated and prepared ready to receive the trees or shrubs. . To ensure the life of the plant, it is most important that the actual planting operations proceed without delay to avoid undue evaporation and drying of the roots while exposed to air and sun. The contractor shall have available at all times a liberal supply of burlap of bagging so that the roots of the stock arriving from the temporary nursery may at all times be kept well covered to prevent them from drying out unduly while awaiting actual placement and soil covering in their final location. Soil or burlap covering preferably should be kept moist or wet. J. Peat Mulch Mulching: All plant beds and pits shall be mulched with peat moss as follows: 1. Ground cover beds shall be mulched after planting to the depth of 1". . 2. Other plants shall be mulched after planting, over entire area of pits to depths of 2" for trees and 1" for shrubs. 3. When plants are planted in pits within planting area,pits shall be mulched but it is not intended that entire area be mulched. 4. Mulch shall be applied within 2 days after planting. Mulch shall be thoroughly incorporated into the soil to a depth of 2"unless otherwise directed by the Landscape Architect. 5. Provide a sample of Mulch for approval by the Landscape Architect before installation. 6. Adjust grades allowing for thickness of mulch by cutting or filling. Rake surface smooth and even over prepared surface. After leveling mulch, soak full depth of mulch thoroughly. K. Stone Mulch 1. Install stone mulch as per plans, details and specifications. 2. Adjust grades allowing for thickness of mulch by cutting or filling. Assure slight pitch away from building. Rake surface smooth and even and roll or tamp so that sub grade is uniformly firm. 3. Lay 3-mil sheets of"Visqueen"type polyethylene, on the compacted sub grade before placing stone, minimum overlap shall be six (6) inches. Perforate sheeting in plant beds, before placing stone. L. Fertilizing 1. Add commercial raw bonemeal or equal to topsoil used in back filling tree pits as follows: (a)Minor Trees Quantity(Pounds) Height of Tree (Feet) (1)—( ) 3 to 4 (1 1/z)—( ) 4 t 5 (2)—( ) 5 to 6 (3)—( ) 6to8 (5)—( ) 8 to 10 (7)—( ) 10 to 12 (b)Major Trees Quantity(Pounds) Caliper(Inches) (5)—( ) 2 %zto3 (7)—( ) 3 to 4 (10)—( ) 4 t 5 (12)—( ) 5to6 ( )—( ) ( )to ( ) 2. For plants on level ground or slight slopes, form and leave shallow basin a little larger than the diameter of the plant around each plant as shown on the drawings or as directed by the LandscapeArchitect. 3. For plants on steep slopes, grade soil on lower side of plant in such a manner that it will catch and hold water as shown on the drawings or as directed by the LandscapeArchitect. 4. Water plants until back fill is soaked, bring to proper level again with topsoil, and tamp thoroughly. (American Institute of Architects) M. Pruning 1. Each tree and shrub shall be pruned in accordance with standard horticultural practice to preserve natural character of plant. Pruning shall be done with clean, sharp tools. 2. The bruised or broken parts of large or fleshy roots shall be cut off smooth before planting. The tops of deciduous plants shall be pruned either before or after planting. This shall consist of removing 1/3 to 1/2 of the top or thinning out and/or heading back the stems and top branches, and shall be done so that the plant retains its natural form. Except when heading back, all cuts shall be made flush with the trunk or branch. Evergreen plants shall not be pruned except to remove dead or broken branches. All cut surfaces one inch or more in diameter shall be painted with a tree wound dressing. (American Institute of Architects) 3. Cuts over 3/4" in diameter shall be painted with an approved tree paint. Paint shall cover all exposed cambiu as well as other exposed living tissue. Paint shall be waterproof, adhesive and elastic, antiseptic, free from kerosene, coal tar creosote or any other material injurious to the life of the tree and shall be approved before it is used. Use "Woodtar" or an approved equal. ecp • ry,4,1 APR 2 2006 ZONING &O.413D op 4. Hedges shall be pruned to height indicated on plan. Each shrub shall he pruned to e�� ' : interfering branches of adjacent plants. 5. Pruning All injured tree and shrub roots should be pruned to make clean ends before planting. It is advisable to prune approximately one-third of the growth of large trees (those with 2 inch caliper or over) by the removal of superfluous branches, those which cross,those which run parallel, etc. Main leader of trees must not be cut back. Branches should be thinned out and not merely cut back. Long side branches,however, may be shortened. Shrubbery with extremely heavy tops should have one-fourth to one-third of the weaker growth removed by thinning. The sharing of hedge plants should be done only after they are in place. (Federal Housing Administration) N. Guying, Staking,Wrapping, and Temporary Fencing Materials 1. Turnbuckles shall be galvanized or dip painted, have a 3" minimum lengthwise opening fitted with screw eyes. 2. Guying Cable shall be five-strand, three-sixteenth(3/16) inch diameter, steel cable. 3. Eye Bolts shall be galvanized, having a one inch diameter eye, with a minimum screw length of one and one half(1 %2) inches. (Screw eyes in plant containers A, B, and C will be installed by others). 4.Deadman shall be 4 x 8 x 36 inch redwood or cedar lumber of uniform size, and in good condition. 5.Hose shall be two-ply reinforced black hose at least 3/4 inch diameter. 6. Wrapping material shall be a standard manufactured tree wrapping paper, brown in color, crinkledsurface and fastened by an approved method. 7. Steel Angle Stales and Straps: shall be 1 1/2 " equal leg angles, 1/ " thick and 9 1/2 " long. Paint stee angle stakes and straps with an approved flat black paint. Sharpen one end. Steels straps shall be 1/8 " thick, and 1 1/2 " wide. 8. Wooden Temporary Fence Stakes: shall be sound, uniform 2" x 2" Redwood stakes, length as shown on the drawings. Paint wooden stakes with an approved flat-black paint. Sharpen one end. 9. Orangeburg Perforated Pipe: shall be 6 (six) inches in diameter, and 4 (four) feet long, fitted with a screw on cap. 10. Crushed Stone: shall be approved 1 (one) inch crushed stone, free from fine or other deleterious matter. 11. Wire: shall be 12 gauge annealed galvanized wire. . APR 2 5 2006 12. Sod Pegs: shall be 1" x 2" x 10" wooden pegs, sharpened at one a8OAF oP APPEALS 0. Materials for Wrapping, Staking and Guying Wrapping Material: First quality, four-inch wide bituminous impregnated tape, corrugated or crepe paper, specifically manufactured for tree wrapping and having qualities to resist insect infestation. Guy Wire: Galvanized malleable iron wire No. 10 gauge. Twine: Jute twine not less than two ply. Bracing Stakes: Between four feet and ten feet long of sound, durable, unfinished lumber capable of withstanding above ground and underground conditions during the period of guarantee, with top and bottom dimensions 2" x#3" or 2" diameter or more. In wrapping wet the trunks of all trees thoroughly with a DDT solution; wrap trees by overlapping one and one-half(1 %2) inches, wind from the lowest main branches to the base of the tree. Tie the wrapping at the top,bottom, and at two-foot intervals along the trunk with twine. Wrap within four days after planting, but not before the condition of the trunks of the trees has been inspected and approved. Maintain in place for the entire guarantee period. P. Guying, Staking, and Wrapping General: 1. Trees shall be supported immediately after planting. All trees 6 inches and over in trunk diameter shall be guyed. Smaller trees shall be staked. Wires shall be encased in hose to prevent direct contact with bark of the tree and shall be placed around the trunk in a single loop. Wires shall be tightened and kept taut by twisting the strands together, or with turn buckles. 2. Guying: Guying shall be done with three guys spaced equally about each tree. Each guy shall consist of two strands of wire attached to the tree trunk at an angle of about two-fifths of the height of the tree and anchored at the ground either to notched stakes which have been driven into the ground at an angle away from the tree so that the tops of the anchor stakes are below finished grade or (where underground utilities are within four feet of finished grade)to deadman placed at least 3 feet below finished grade. Lines must be taut. Plants shall stand plumb after staking and guying. (American Institute of Architects) 3. Staking: Stakes shall be equally spaced about each tree and shall be driven vertically into the ground to a depth of 2 1/4 to 3 feet in such manner as not to injure the ball or roots. Trees shall be fastened to each stake at a height of about 5 feet by means of two strands of wire and hose or belting. Stakes shall be uniform in height and placed according to the diameter of the tree trunk as follows: 3 to 6 inches-3 stakes under 3 inches-2 stakes cD APR 2 5 2006 ZONING GO,gf3D OF ApP .4f S 4. Wrapping: The trunks of all trees shall be wrapped with wrapping material overlapping one and one-half inches, wound from the ground line to above the lowest main branches. The wrapping shall be securely tied in at least 5 places; including the top, middle and bottom. The wrapping shall be done as soon as practical after planting. The material shall be a waterproofed tree crepe wrapping paper. (American Institute of Architects) Q. Maintenance 1. General: Maintenance shall begin when project commences and continue only until substantial completion and written provisional acceptance. Planting maintenance shall include all necessary watering, cultivation, weeding,pruning,wound dressing, disease and insect pest control,protective spraying, replacement of unacceptable material straightening plants which lean or sag, adjustment of plants which settle or are planted too low, and any other procedure consistent with good horticultural practice necessary to insure normal, vigorous and healthy growth of all work under this Contract. The Contractor shall be responsible for the use of all materials, labor and equipment, and any injury to plant material caused by such material, labor and equipment shall be corrected and repaired by the Contractor at no additional expense to the Owner. 2. Watering: Water plant material other than sod. The quantity of water applied at one time shall be sufficient to penetrate the soil to a minimum depth of 8" at a rate which will prevent saturation of the soil. Paygro must be wet through entire layer. 3. Weeding: Keep all planting areas free from weeds and undesirable grasses by a method and by materials approved by the Landscape Architect. 4. Disease and Insect Pest Control: Inspect all plant materials at least once a month to locate any disease or insect pest infestations. Upon the discovery of any disease or insect pest infestation identify, or have identified, the nature or species of the infestation and submit the proposed method of control to the Landscape Architect for approval prior to application of control measures. 5. Pruning and Repair: The amount of pruning shall be limited to the minimum necessary to remove dead or injured twigs and branches and to compensate for the loss of roots as a result of transplanting operations. Pruning shall be done in such a manner as to not change the natural habit or shape of the plant. All cuts shall be made flush, leaving no stubs. On all cuts over 3/ " in diameter and bruises or scars on the bark, the injured cambium shall be traced back to living tissue and removed; wounds shall be smoothed and shaped so as not to retain water; and the treated area shall be coated with shellae or R • - FIVE APR252006 other specified wound dressing. ZONING BOARD OF APPS LS Shear all hedge plants to the desired height, and maintain said height by perio•is s -. ing to the satisfaction of the Landscape Architect. (Stresan Fredrick B. &Associates) R. Cleanup and Finish After Planting: 1. During course of planting excess and waste materials shall be continuously and promptly removed, lawn areas kept clear and all reasonable precautions taken to avoid damage to existing structures,plants and grass. 2. When planting in an area has been completed,the area shall be thoroughly cleaned up. Debris, rubbish, subsoil and waste materials shall be cleaned up and removed from the property. 3. Existing grass areas which have been injured by the work shall be regraded and sodded and the entire area, when completed, shall be neat and clean to the satisfaction of the Landscape Architect. 4. In the event that "Plant Operations" are executed after the lawns have been installed, the attention of the Contractor is called to the paragraph "Protection" following. 5. Protection: Contractor shall protect all plants and lawns from damage at all times. The moving of heavy equipment or materials over the lawn areas shall be done on planks or pontoons. S. Restoration: All pavements, sodded and planted areas, structures and substructures not specifically provided for in the Contract disturbed by the Contractor during the execution of the work shall be restored by the Contractor, in a manner satisfactory to the Engineer,to their original conditions at no additional cost to the County. (American Institute of Architects) 1. Proving Period: A proving period shall follow the completion of all planting for 1 year. All replacements shall have one year proving period. 2. Maintenance and Care: Planting maintenance shall include all necessary watering, cultivation, weeding,pruning and spraying; wrapping and mulching; also straightening plants which lean or sag, and which develop more than a normal amount of settlement, such adjustments to include excavating around and leveling or raising the ball when so directed; also all other incidental work necessary for proper maintenance as directed by the Landscape Architect only until substantial completion, and written release. 3. Acceptance and Replacement of Plant Material: At the expiration of the proving period an inspection of the planting will be made and only those plants that are alive and normally healthy will be accepted. Unaccepted material shall be removed and replaced by the contractor at his own expense, during the next planting season. Material and method of replacement planting shall be the same as specified for the original planting. The contractor shall continue to make replacements J , • f • u - until a plant shows vigorous and healthy growth for a period of one year from the date of acceptance by the Landscape Architect. All such replacements will be inspected for acceptance at the end of the proving period. 4. Maintenance Report for Owner: Recommendations for maintenance of plant materials shall be sent in triplicate to Architect's office within 8 days following final acceptance. Two copies will be forwarded to Owner to be used as maintenance guide. 5. Guarantee of Plant Growth: All plants and trees shall be guaranteed by the planting contractor to be in vigorous growing condition. Provision shall be made for a growth guarantee of at least one year for trees and a minimum of one growing season for shrubs. Replacements shall be made at the beginning of the first succeeding planting season. APP 2 5 2006 ZONING BOARD OF APPEALS ��?��1 Jg .L v^� tl � S'� � g 4. NcllAtt • t'a'.Le.,.7' ;..;a:.; °,.�'" "' __„ r .:•.« ...w`,wc ..;. >»,w.a,.. >`-�as� ,. _ .'E a, Complete Land Use Services--Including Planning,Design and Environmental P.O.Box 5535 Miller Place,New York 11764 Thomas W.Cramer,Principal Telephone(631)476-0984—Fax(631) 476-6933 April 3, 2006 4/rittlDte Ms. Ruth Oliver Chairman Town of Southold Zoning Board of Appeals 53095 Route 25 Southold,New York 11971-0959 Re: Nicholas Aliano Town of Southold Zoning Board of Appeals#5846 Dear Ms. Oliver: While I distributed copies of my rebuttals to the letters for the above referenced application to the Board at the hearing last week, I realized I did not formally put them in the record. I, therefore, wish to submit the following documents for the record: • LWRP Consistency Review from Cramer Consulting Group to Patricia Moore, Esq. dated March 23, 2006; • Soil and Water Conservation District from Cramer Consulting Group to Patricia Moore, Esq. dated March 23, 2006; • Response to e-mail from John J. Kalas by Cramer Consulting Group to Patricia Moore,Esq. dated March 28, 2006. If you have any questions regarding the enclosed letters,plea'- :o not hesitat- • call. Very truly , • rs, o„/s W. Cramer,ASLA TWC/el Enc. CC: Patricia Moore, Esq. Mr. Nicholas Aliano J • ,Kfin k j ! ''. albigj oi, r h# s ... _... ..�a�'�ar�sllb;k <_.>_—"�`:+h�..�::.,::�..•'.,,•• "., .. ...'"...>w�ass'� ..i�wa '_..���`.�+i�C�a�:y... K.a.. �..'`' .-. ._ ... '�``t`„�, �` Complete Land Use Services--Including Planning,Design and Environmental P.O.Box 5535 Miller Place,New York 11764 Thomas W.Cramer,Principal Telephone(631)476-0984—Fax(631) 476-6933 March 23, 2006 Patricia Moore,Esq. 51020 Main Road Southold,NY 11971 Re: LWRP Consistency Review--Proposed Residence of Nicholas Aliano Town of Southold BZA#5846 SCTM#1000-83-1-12 Dear Pat: As per your request,the following are my comments with regard to Mr. Mark Terry's LWRP Consistency Review letter dated March 3, 2006 (revised). The Town of Southold Local Waterfront Revitalization Plan(LWRP), and the„13 policies and standards within it, is a refinement of the New York State Department of State's (NYSDOS)44 Coastal Policies. I am thoroughly familiar with the NYSDOS' program and the rigorous process the towns go through to assure consistency with the State's plan. I have both instructed and been a guest speaker at a number of workshops and symposiums for the NYSDOS on the LWRP program. In addition, I was Director of Environmental Protection and Commissioner of Planning, Environmental and Development in the Town of Brookhaven. In those capacities I was the chief executive officer in charge of the implementation of Brookhaven's LWRP. Because of Brookhaven's vast size and the differences in the various coastlines found within the Town, we chose to implement the LWRP program by developing a number of detailed LWRPs to address the various sub-regions in Brookhaven. Furthermore, I have provided consulting services to numerous private clients and municipalities throughout Long Island, many dealing with the various local LWRPs. I am thoroughly familiar with the NYSDOS' program, which is the basis of Southold's program, and have worked with and reviewed the Town's LWRP numerous times in the past. For your use and information, I am providing a copy of my curriculum vitae(attached). The Town's document was developed to provide an "appropriate balance between economic development and the preservation that will permit beneficial(sic) use of and prevent adverse effects on Southold's coastal resources". As stated above,the Town has culled the 44 NYSDOS policies down to 13 that are relevant to Southold. These 13 are categorized into four groups in the LWRP. The categories are useful in determining consistency to the LWRP, depending on the type of project and its location and setting within the coastal zone. The categories are as follows: - • Developed Coast Policies • Natural Coast Policies •; Public Coast Policies • Working Coast Policies r D Each of the policies, within the categories, is provided with a narrative as to its relevance to Southold. They are then followed by a set of policy standards to aid and provide guidance in development within the coastal zone. It is these standards and how the project is proposed according to them that would determine consistency to the Town's LWRP. With regard to the LWRP Consistency Review letter dated March 3, 2006 (revised), it is presented that the project is not consistent with only four(4) of the thirteen policies. However, the project is not inconsistent with the LWRP as will be presented below. There are several basic issues presented in the March 3rd letter that are incorrect with regard to the proposed project. First, in review of the various surveys on the site,Mr. Terry makes reference to the "concrete"retaining walls. The surveys show a full crib "timber"retaining wall system for the site. Construction details also are provided on the plans for the timber wall(s). Concrete walls have never been proposed, this is an error on the part of the reviewer. As presented at the ZBA public hearing of March 2, 2006 for this project, the February 14, 2006 survey (referred to as "Survey B" in Mr. Terry's letter) is the proposed project at this time. On the top of page 2 of his letter Mr. Terry states that the proposed house is located 42 feet from the top of the bluff. This is not correct. The proposed residence is located 50 feet from the top of the bluff. The survey does show the existing footings on site that were installed in conformance with the previously approved building permit, but which will not be used for the revised house location. The previously approved building permit survey, dated January 18, 2006 (referred to as"Survey A" in Mr. Terry's letter) located the house 42 feet from the bluff. As presented at the hearing,the new house will be setback an additional 8 feet from the bluff and the old footings will be abandoned in place. Again, reference is made to "concrete"retaining walls; timber crib retaining walls are proposed. LWRP Policy Standard 4.1 --Minimize Losses of Human Life and Structures from Flooding and Coastal Hazards: The proposed activity meets this standard. Policy 4.1.A.1 states that new development that is not water dependent should be located as far away from coastal hazard areas as practical. This has been done. The proposed house has been moved an additional 8 feet from where it was originally approved, removing it from and setting it back further from the Coastal Erosion Hazard Area, as well as the top of the bluff. The March 3rd letter states that"... it is unclear to what exact area the term "bluff' applies to in the report" of the engineer, William Jaeger, PE, LS. It is unclear what Mr. Terry is referring to as the report is clearing referring to the only bluff on the site. In the first sentence of the paragraph in which Mr. Jaeger addresses the bluff he states: "... I inspected the bluff fronting on Long Island Sound." In fact, that area is the only"bluff' on the site as per the New York State Department of Environmental Conservation(NYSDEC) and as per the Town of Southold's Town Code Chapters 37 and 97 definitions. No activities are proposed on the bluff or in the Coastal Erosion Hazard Area. Mr. Jaeger's report clearly addresses the bluff itself and the potential of impact on it from a house located 42 feet from the top of the bluff, which was the previous house location. It was his findings that the original house, even 5 2 . though closer then currently proposed, would be stable. The report does not, nor was it intended to, address other areas of the site. Since no activity is proposed within the Coastal Erosion Hazard Area and all activity is well above any flood plains, Policy Standard 4.1 is not relevant to this project. Mr. Terry's recommendation that the applicant revegetate the face of the bluff and provide structures for toe protection of the bluff is inappropriate as part of this application. Such a proposal would locate structures within both flooding and erosion hazard areas, which is in direct contravention of Policy 4.1. While not related to Policy 4.1, Mr. Terry suggests that vegetation erosion control methods be employed on slopes greater than 15%. This has already been incorporated into the proposed project. To determine the extent of erosion on the site historic aerial photographs were reviewed. Copies of the 1976, 1988, 1993 and 2000 are attached to the end of this letter. Also attached is an illustration of the approximate top of the bluff during those time periods. As can be seen from the aerials and top-of-bluff illustration the bluff. While the bluff is eroding,has not receded significantly or at all in some places, over the past 30 years. LWRP Policy Standard 5-Protect and Improve the Water Quality and Supply in the Town of Southold. This policy standard is meet. The policy's goals and objectives as stated in the LWRP are directly related to the protection and improvement of groundwater quality for drinking water. The groundwater flow at this site is to the north, directly towards and discharging into Long Island Sound. Therefore, water originating from this site will have no impact on drinking water quality. However, even though the policy is not applicable, standards are meet with regard to SCDHS and the proposed landscaping plan prepared by Cramer Consulting Group (CCG) utilizes indigenous species to reduce the need for fertilizers. Mr. Terry has suggested that trees be placed above the sanitary system, this is an inappropriate recommendation as the roots will damage, and reduce the effectiveness of, the proposed sanitary system while not providing any advantage or benefit to reduce groundwater impacts. LWRP Policy Standard 6-Protect and Restore the Ecological Quality throughout the Town of Southold: Mr. Terry states that the property is mostly cleared of vegetation, including areas seaward of the Coastal Erosion Hazard Area. This is not correct. The survey attached clearly illustrates the location of clearing on the site. All clearing has been set back from the Coastal Erosion Hazard Area and only 26.3% of the site has been cleared to date. The survey attached to this letter illustrates the present limits of clearing. This clearing was done as part of the building permit issued by the Town of Southold. Mr. Terry states that the effectiveness and success of the planting plan prepared by CCG cannot be assessed without knowing the slope post-construction and the erosion control methods. However, the slope post-construction has been clearly identified on the plan prepared by Peconic Surveyors and this plan has been made part of the record. As shown on the plan, the slope post-construction is the same as existed prior to construction on the east side of the retaining wall,which is approximately 1 on 2.5. The finished grade between the two sets of retaining walls is approximately 8% to accommodate the proposed sanitary system. These slopes will not present a significant disadvantage in establishing the area with the plant material as proposed and shown on the planting plan prepared by CCG. Furthermore, an Erosion and Sediment Control Plan has been prepared by CCG for the site. This has 3 . been made part of the record and includes methodology and erosion control methods to protect and preserve the hillside during and after construction. Mr. Terry continues to refer to the eastern slope as a bluff. The portion of the site where construction activity and grading is taking place is not considered a bluff as defined under two sections of the Town Law and by the NYSDEC. Mr. Terry makes recommendation that a revegetation plan of indigenous, drought tolerant plant species be provided. A planting plan was submitted by CCG as part of the Trustees requirements and was made part of the record. The proposed planting plan provides for indigenous and drought-tolerant plant species, as such they are appropriate for the setting in which they are proposed. LWRP Policy Standard 6.3 -Protect and Restore Tidal and Freshwater Wetlands: Mr. Terry states that a recommendation regarding compliance of the proposed action to Chapter 37 cannot be made at this time. Chapter 37 -- Coastal Erosion Hazard Areas, of the Town Code does not deal with tidal or freshwater wetlands, so it is unclear why it is mentioned here in relationship to this policy. It is not relevant to this policy. Chapter 97—Wetlands of the Town Code is relevant to this policy,but not to this project. As stated in the March letter, Chapter 97 (as well as Chapter 37) defines a"bluff."The definition is clear as to what is considered a bluff on site: On this site, the waterward limit of the bluff would be the beach and the landward limit would be 25 feet landward of the top of the bluff, which would coincide with the Coastal Erosion Hazard Area boundary. As stated previously,no activity is taking place within the Coastal Erosion Hazard Area and, as such, no activity is taking place in the bluff area; therefore, the action complies with the Policy Standard 4.1; Policy Standard 6.3, referenced here, is not relevant to this project. L WRP Policy Standard 9.2-Protect and Provide Public Visual Access from Coastal Land and Waters From Public Sites and Transportation Routes, Where Physically Practical. Mr. Terry states that visual access from Glen Road, a public road,will be impaired because of the construction of the residence. This is not the case. Glen Road is a cul-de-sac that never had visual access to coastal lands and waters. The photographs attached to this letter illustrate both before and after clearing for the proposed home. As can be seen, there was no opportunities to view the water from this site prior to construction. Since the clearing has-taken place there are limited water views and when the house is constructed limited water views would be expected to be maintained. Therefore,just the opposite will be achieved then what is suggested in the March 3rd letter. To suggest that the extent of the visual impairment cannot be accurately assessed without a view shed analysis is very inappropriate. As can be seen in the attached photographs there will be no impact to the views from Glen Court, in fact the views, although limited,may be improved. The suggestion for a view shed analysis can only be considered as a way to prolong the process at the expense of the applicant. The terminus of Duck Pond Road does provide public visual access to the coastal lands and waters. The proposed project preserves this visual access point. Therefore,Policy Standard 9.2 is addressed. 5' 4 In consideration of the above,the proposed project is consistent with the Town of Southold's LWRP. It must be stressed that portions of this site was cleared and construction commenced as part of an approved building permit from the Town of Southold. The Town of Southold stopped work at a phase when there was significant grading, excavation, and stockpiling of soil on site. This exposed soil on site will result in significant erosion and impacts to the subject site as well as the adjoining properties and Long Island Sound if it is not allowed to be stabilized in accordance with the proposed plans. Any delay on the part of the Town increases the likelihood of failure of the erosion control systems put in place by the applicant. I hope the above has addressed the necessary concerns. Very truly yours, Thomas W. Cramer, ASLA TWC/el Attachments CC: Nicholas Aliano 5 .. 1976 - 1988 �firt • :at • '`,. - ,••• • ., _ .-_11 ._ v.. ,;.,.....,,E. i *3 • ,* ,,,r-u,''- -`,1 n;ice, '= _SITE J1.- '',1:,--__.3,,1 ; SITE `� , r �� 'T- rC'� �'i:7- � � --i J.);--. � ��,-.-7.'-'--,` � = � { r „T„,_-7.,r-..-..4.,--)I+-I�r',.r yyt`1. : `, �� "'tat '- 3 -' -- '' ;'.` '''el '�-4# , , iF` - r ' ` ,pk,,,„s. 12.1 i, It JF w ] 44, .,ly$ s L I - 3 - �y . .. =R4 i . T ,r„ - '1(4to ; E ; l; .<5 Z3 r. ter" 11�� 11F� i_ -� ,�i Al t- -F - - �.�€-� � �`` 'k• 3. '09934. h1T1 ra �. - -- � - - p : --,r1:14.--T- Sa 6.,r,.2„.. ..,4 tF f 1.i - �" E SST ,} �w i `� � ; .;;- . _ $7 -' � 'r c1_ 11 5 ,' t (t 'S' • • fire F J ` \ ts. T._ _ I mc ....,__:.„,,- 1; 1..1.- - , , _ 1 ., , _al, 1. r,„ . . ..... , _...,. . . _ __.., .. .,, ._,..... _ _,.., .5.,,L. I-- _. ,,_ z.,-.-----, - 4' - ,:- -j- --4.-,e-_, ?-7,' - YAlt _ Z - I 6 Top of Bluff From 1976 - 2000 Long Island Sound North of Glenn Court, Cutchogue Town of Southold Top of 1988 1993 Bluff Bulkhead Bulkhead —ssy. nHotel SITE IThQ Glenn Court i d Date of Aerial: Soa - 1976 90‘6 p‘N��` 1988 - 1993 — 20®0 7 n 1 ^ ANY ALTERATION 1. .jfON TO 11415 SURVEY IS A V10LARGv OF SECRON 7209C.t,,„,2 NEW YORK STATE EDUCATION LAW EXCEPT AS PER 5£CROl1 7209-SUBDIVISION 2, ALL CER7FICAT:,! SURVEY OF PROPERTY HEREON ARE VAUD FOR THIS MAP AND COPIES THEREOF ONLY.. SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SUR.S:- AT CUTCHOGUE WHOSE SIGNATURE APPEARS HEREON LOr NUMBERS REFER TO MAP OF VISTA BLUFF"F_:: TOWN OF SOUTHOLD IN THE SUFFOLK COUNTY CLERKS OFFICE ON MARC- SUFFOLK COUNTY, NY 15, 1968 AS FILE Na 5060 1000-83-01-11 & 12 ELEVATIONS REFERENCED TO N G VD. 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F� ,. �y� ,\\• % �F`';; r.,--..-,,,,,,,,,nr=f-%---.7.=%,;,4 pripw.- , ,...,if; . fnp /lb VIEW FROM GLENN COURTtr rta7:1/41147A4r,40*ZtrrOx\kik• k2 ✓f' `4� r F , �` �Fa -0.�: -r 1 4 - . fit r }BEFORE CLEARING. . ` ' t '}cft � FL?r p _=' J ' • .•V' i�- �/, ��t , +;Y ��s`1� t ;v •' t o II March 2005 E�V l4� �' ' �, ,�` '�= . 9, 11- om ;, kyr , , . Water or Shoreline Not Visible. `\�\,�, :7 "'-' 4.1504;i4 4 ,r. . t t 10 4 [4 Heavy Vegetation Screening, . L '' n) � ,f� ��yp rt,.4t /; E€ys, ` i `" t t i y ` { ,z, SZ.;�E'Jf, 511 4a 0.•'J} � ^+'• i''1,:k' „Si,' •'EZ �"'��%- { •i, -4,;;;.,,,kfi 1 t rt?.F .,• , S aa2<, `x ✓ '. +t '1 le ' r'`.,'__1' ' fir I .Ie , ~r, \) ; -qtr(* ; F° ty 4' �'f �, iw ' Itl Tai li',1'.'\.:. Y i-r y� y �1 ; r:` r j-} • ''t3 ,,pP; `+� ,,,i„A6.-„.. .a - 1 ��•r:_ a, � 'ter �''�_�:.'^� :'`L'"'-f9:1,-;•,. ;--41.0-'• -' h '",c'rp �' y - .�a... , '...,, ,,,.=-4,t , 1,43°,,,,u`'.',-a;:ice,^-`��°- `.:-y_ .t, r `,._,„,--1°,4,'"=„-': .�'x_” tizni z_r-ti" oaxs 1,• K • ., ?Y NAy < l." , s . h 17-.1'y45J 7,„, y?Ytiw .8,,,, 't, € 174 - M >t i 3h,4 To, ,o r ,: ,.a ....e.-4-', d.-s4. tA, � • -J •'i''it2 , ,, rt' mar ` ., „41..., / „.-,...,.....1,..4.,.,,...:,..:-., _„.......,..,.... — i'' '+a$ ,' ' .'r ' , s` 3• 5 !% „ . " r► x ' • `17 '" '4' i'" 0, F' 1 { 1ks qs , , j ,. bi ` '' Vra -View from Glenn Court �ceo.f,1' tKfi! � 24' L: ¢ ..'.. - ;tr, 4At--4011,..-.4 -10, ..--` --after clearing. , _ .: . , , ( March 2006 �� ,, t t +� 1 ' � ,,,....k.„.", r,� rs� �, x , Exe Limited Water views. � :i. =tom"'� v1 N- --� _ (-�t, •n A House will be located to right portion - r s.I, .; A „..41-S. °,Y_ of photograph. Limited water views % ' ! - 11'°I ''', ,..4,. '' expected to be created. i > F r , . • > w, Y. -,,ry ''''---;','''•''''.;-'4',•3•V.,,, r',z`C_-.,a',•3•� si;„`c4.'d -,, :�-,Z 't,;-.4--'1 -anJ:....a„�a.'a • .:.fit- 7 '•,- 7r,t `„ r. ,•.z'.'”-t '' uv"�?:pry, [}c`.s,'�' 'r :.'-'}-- dl �a'^W h �--."y�ss`Y }� f i`moi•_'� '- ^h�' ff.c K ref ...5n' qr�''J.-y: Vii!". sit •'A ry t � r x l0 9 .t4kannizipa.,.Qtoimi„vali .1 .. --mslocirko...ktr,:f. P.„ , „;,4%.7 . i,,,,,,r:„,,,t,, ,41,,,,,,,.. ,::::„.1-i ,.„., „,,,... ., , „.,,, ,L . :,„,;,,, ,,, , .,:.....„,, ,,,. ...,„ , , ,. •.‘ .. .,„,. ,,4, ,..„,,,„:,4 ,,,,,‘.,,,„ ,'''t,, C'. 1,-A,-.1:,'4 '61r4'"f' Complete Land Use Services--Including Planning,Design and Environmental P.O.Box 5535 Miller Place,New York 11764 Thomas W.Cramer,Principal Telephone(631)476-0984—Fax(631) 476-6933 March 23, 2006 Patricia Moore, Esq. 51020 Main Road Southold,NY 11971 Re: Soil &Water Conservation District--Proposed Residence of Nicholas Aliano Town of Southold BZA#5846 SCTM#1000-83-1-12 Dear Pat: As per your request, the following are my comments with regard to Ms. Polly Weigand letter, dated February 27, 2006. First,Ms. Weigand has made several observations that are incorrect. She has stated that the project was stopped because the house foundation was within the coastal hazard line. This is not true. Construction was halted by the Town, after the approval of a building permit and the installation of footings in reliance on that permit, because a variance was not received for the construction of a home within 100 feet of the bluff. The house and the foundation was/is proposed to be outside of the Coastal Erosion Hazard Area as defined by NYSDEC. A permit was obtained from the Town's Trustees to construct a retaining wall within Coastal Erosion Hazard Area. However,revisions to the plans have even removed this structure from the Coastal Erosion Hazard Area. Secondly,while the bluff face is partially unvegetated there does not appear to be a significant erosion problem as suggested in the letter. As discussed and illustrated in my letter to you of this date concerning the LWRP review, the historic evidence does not show the top of the bluff receding at a significant rate in the area(copies of the illustrations are attached). In addition, a small dune area can be found at the toe of the bluff on the site. This area has served as a buffer and shows signs of recent minor erosion from winter storms, as opposed to the bluff itself being eroded. Photographs of the bluff from July 2005 and March 2006 are attached to this letter. As can be seen in the photographs, the bluff face itself has remained unchanged between the two photo dates. The only erosion is the toe of the dune, where winter storms have eroded it about 2' high. It should also be noted that reference is made in her letter to an area of concentrated flow that has created a"gully". The"gully"is small and is a result of the property to the west allowing stormwater runoff from its lawn being directed over the edge of the bluff. In the recommendations contained of the letter it is discussed the need to for the project to conform to New York State Department of Environmental Conservation's (NYSDEC) State Pollutant Discharge Elimination System (SPDES) General Permit#GP-02-01. Silt fencing and stacked hay bales were installed on the site prior to construction. An Erosion and Sediment Control Plan(ESCP)was / ( 1 4.. developed for the site and a Notice of Intent(NOI)was filled with NYSDEC in Albany, as required under the statute. Both the SECP and the planting plan prepared by Cramer Consulting Group (CCG)provide vegetative recommendations for the project site. The species chosen for the plantings are drought tolerant and suitable for the conditions found on site. These plans have been submitted to the BZA at the public hearing. A great deal of discussion has been provided by Ms. Weigand to re-grade and replant the bluff. The proposed project does not propose to alter the bluff in any way. From an"academic" standpoint, the comments made are valid and given an ideal situation with sufficient lot size,they may be appropriate. However, such suggestions as regrading the entire bluff are unlikely to be approved by the NYSDEC nor could they be carried out on the site. In fact, a permit has already been issued by the NYSDEC that does not allow any grading or toe protection of the bluff. The substantive comments made in the letter have already been or are being addressed as part of the proposed project. That is, with the exception of reconfiguring the bluff, which is considered inappropriate. I hope the above has addressed the necessary concerns. Very truly yours, Thomas W. Cramer, ASLA TWC/el Attachments CC: Nicholas Aliano / Z 2 ... -.1 ' - •, - •-,-,-. -1,,-- - • tP.z,',';•"; . 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'� ,40, �X4 5 i +_17e. a,l1' , ,•.Y:,2 i . ,,, .c, ,, _,,,, , , l` , . t Ck �.r y l £ sj �t s b� . !1. �t • _,xq� L'", ...-,'...7',•._. rte.. _ ilt r * '„ ��- Ni,� • y,. -;tory • ,,, 4-�{ v • •-.k ,-'t 6 - St- it },.k a. k b "�IIH- 2 4 r ~4 J ` '. LM.�r. R E .. •- , , ap�. . --5 +rye+ � - - _ • i -- . ' f =>.K.40., ..w•f.9 2P-7%•`•i 'k��x'72'4,:'"..,`,,Aar--', �,, t•- _ 1 itt J /5— too z. .,.. Ow Fc...4. S vkaN..„. + Hips � �� , � ® , ,, , , 4",:f Ei, o . ` l ' • ._,,4,...".44,,0,. ...... "� ' i;; x .r , e ,,` ,, , > ,. u,., 2,;rS .. < r . ; ,:a ,,,4_,, r _-fie,,.. Complete Land Use Services--Including Planning,Design and Environmental P.O.BOX 5 535 Miller Place,New York 11764 Thomas W.Cramer,Principal Telephone (631)476-0984—Fax(631) 476-6933 March 28, 2006 Patricia Moore, Esq. 51020 Main Road Southold,NY 11971 Re: Response to E-mail from John J. Kalas Nicholas Aliano ZBA#5846 Dear Pat: Pursuant to your request, the follow' : will serve as response to the comments sent to the Zoning Board of Appeals fro John J. Kalas or the above referenced application. Mr. Kalas has stated his opposition to the variance. He states four points in support of his objections. They are as follows: 1. Mr. Kalas claims that the developer can build a home closer to Duck Pond Road and away from the bluff. This statement is incorrect. The width of the property and the location of the Coastal Erosion Hazard Area is substantially the same on the Glenn Court and Duck Pond Road frontages of the lot. Therefore, moving closer to Duck pond Road will not change the setbacks from the bluff. The location of the building as proposed, on Glenn Court, takes advantage of the levelest portions on the site. Moving the house to Duck Pond Road would place the house in areas of steep slopes on the site. In fact,the Town staff has recommended moving the house closer to Glenn Court. 2. He states that granting the variances would result in a driveway being located off Glen Court. The lot is part of the approved subdivision that created Glen Court, the Map of Vista Bluff approved by the Town Planning Board and filed March 1968 in the County Clerk's Office. As a matter of right, the applicant can access his property from Glenn Court. In addition, the location of the access off Glenn Court will have the least impact on the site, see above. Mr. Kalas also states that the creation of a driveway on the cul-de-sac would not significantly impact traffic. This is certainly not true. The cul-de-sac has been designed to include access from this lot. Only six homes are presently accessing Glenn Court, a full Town maintained road. No traffic impacts will occur. The comments that this is an"ad hoc driveway" is incorrect. As stated above, this lot, with its corresponding frontage, was created at the time of the approval of the subdivision, which also created Mr. Kalas' lot. 3. Mr. Kalas states that the proposed setback will affect the character of the bluff in the immediate area. The proposed house will be setback further than Mr. Kalas' house /4 4 .r from the bluff, as well as all the other houses in the area. While the bluff is eroding, the amount of erosion does not appear to be significant based on aerials and the conditions found on site. 4. Mr. Kalas states that a traffic study and erosion study should be conducted. As stated above, neither traffic nor erosion will be affected as a result of the project, therefore, the studies are unnecessary. However, erosion has been noted on Mr. Kalas' property and on the western portion of our slope. This erosion is a direct result of run-off from Mr. Kalas' lawn over the edge of the bluff in the northeast corner of HIS site. Mr. Kalas should take immediate steps to contain the storm water run-off and eliminate the damage being caused to Mr. Aliano's property as the result of Mr. Kalas' neglect. If you have any questions regarding the above,please feel free to give me a call. Very truly yours, Thomas W. Cramer,ASLA TWC/el CC: Nicholas Aliano (`) I 77 f 1 1 •/ 2 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS COUNTY OF SUFFOLK STATE OF NEW YORK 3 4 X 5 TOWN O F SOUTHOLD 6 7 ZONING BOARD OF APPEALS 8 9 X Southold Town Hall 10 53095 Main Road Southold, New York 11 March 30, 2006 12 9 :30 a.m. 13 Board Members Present : 14 RUTH OLIVA, Chairwoman 15 GERARD P. GOEHRINGER, Board Member 16 JAMES DINIZIO, Board Member 17 MICHAEL SIMON, Board Member 18 LESLIE WEISMAN, Board Member 19 LINDA KOWALSKI, Board Secretary 20 KIERAN CORCORAN, Assistant Town Attorney 21 22 E,, 23 `NJ u. J U L 1 1 2005 -. 24 25 ' +Clerk S0�•r salJL� 1�.'w C7 0 COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 94 1 2 sure that' s relevant to this hearing. But, I have looked into the matter, and I have learned that in 3 the event the carriers no longer need the tower, that the fire district may choose to keep the 4 tower or they may, they have the option, to have Mr. Cannucio at his expense remove the tower. 5 BOARD MEMBER WEISMAN: That is formally in the lease agreement? 6 MR. RAY: Yes . Other than that I have nothing further to say. Thank you. 7 CHAIRWOMAN OLIVA: Yes, Miss McNeilly, let' s wrap this up now. 8 MS . MCNEILLY: I have one final comment. I specifically asked our attorney at one point, 9 does the fire district have to comply with competitive bidding requirements, that is to say 10 general rules of the law Number 103 . CHAIRWOMAN OLIVA: That again, this is 11 not before us; that' s not within our jurisdiction. That' s between you and the commissioners . We 12 can' t get into that. .MS. MCNEILLY: We' re talking about 13 erecting the tower and who did it. Okay. Thank you. 14 CHAIRWOMAN OLIVA: If no one else wishes to comment, I will make a motion to close the 15 hearing, reserve decision until later. (See minutes for resolution. ) 16 CHAIRWOMAN OLIVA: Our next hearing is 17 for Mr. Aliano on Duck Pond Road in Cutchogue. MS. MOORE: Thank you, Patricia Moore for 18 Mr. Aliano. I have a few clean-up items and then Tom Cramer is going to respond to certain 19 documents that you have in your file. The first thing I want to point out to the 20 Board is that in reviewing the LWRP, the law, Chapter 95, I want to point out to the Board that 21 area variances that the Board is being asked to review are considered minor actions and not 22 subject to Chapter 95. Specifically it says : Granting of individual setback and lot line 23 variances except in relation to regulated natural features -- which we do not have -- bulkhead, 24 which we do not have or other shoreline defense structures . 25 ASST. TOWN ATTY. CORCORAN: Bluff is a regulated natural feature March 30, 2006 95 1 2 MS. MOORE: Yes, except in regulated natural feature. We are not in the bluff . We are 3 setback from the bluff . CHAIRWOMAN OLIVA: You're still on the 4 bluff. MS. MOORE: No, I' ll let Tom respond to I 5 guess, your analysis of where the bluff is. CHAIRWOMAN OLIVA: I think some of the 6 people from the Department of State will argue with you because we have checked with them. 7 MS. MOORE: Well, we would professionally agree to disagree with them. Peconic Surveyors 8 went out and we have a stamped original survey, they went out back to the field, I have 9 highlighted the lines because they' re a little on the light side. In orange we show where the 10 coastal erosion line is; in yellow we identify where the edge of clearing is, because, again, on 11 the site it may not be so apparent. I' ll give that to you so you have it in front of you as Tom 12 discusses the written submissions. MR. CRAMER: Tom Cramer, Cramer Consulting 13 Group, offices at 54 North Country Road, Miller Place. Pat had asked me to go through and review 14 the various letters that were received in relationship to this application, and I' ll just 15 run through them quickly. The first one was the LWRP consistency review prepared by Mark Terry and 16 was dated March 3, 2006 . So that' s the revision date, I guess he had submitted a previous one. 17 As Pat has said, the variances aren' t part of the review process, they're excluded from the 18 review process, minor variances such as this, with the exception of those whether it' s a regulated 19 activity or not, as presented and as shown on the plans, we are set back from the bluff . The bluff 20 is defined within -- it's the steep slope abutting water surfaces or abutting a beach, and set back 21 25 feet from the crest, from the top of the bluff . ASST. TOWN ATTY. CORCORAN: Aren' t you 22 seeking a variance from the setback from the bluff, though? 23 MR. CRAMER: Yes, because it' s another section of the code. But as far as the bluff is 24 defined, a bluff is defined as the steep slope going down to the beach, the seaward side of the 25 bluff would be where the toe of the bluff meets the beach. March 30, 2006 -- -— -ry - - , 96 1 2 BOARD MEMBER SIMON: Is the bluff on somebody else' s property? 3 MR. CRAMER: No, it's on our property. ASST- TOWN ATTY. CORCORAN: You are 4 seeking a variance from the setback to the bluff. The consistency law says that certain variances 5 are exempt except in relationship to regulated natural features. 6 MR. CRAMER: We' re not disturbing the bluff. 7 ASST. TOWN ATTY. CORCORAN: But you're seeking a variance from the setback to the bluff. 8 I'm going to tell you now that it' s my legal opinion, and the Board can choose to agree or 9 disagree with it, that it is subject to consistency review. 10 CHAIRWOMAN OLIVA: Yes. MR. CRAMER: I did provide a review to the 11 consistency report, which I will present to you, however, there is no activity taking place in the 12 bluff itself as defined by the bluff. ASST. TOWN ATTY. CORCORAN: I understand, 13 that may be. MR. CRAMER: There are a number of 14 statements made initially in the letter that are incorrect that should be addressed. The first one 15 as far as he talks continuously through the document about concrete retaining walls. There 16 are no concrete retaining walls on the site; they have never been proposed. These have always been 17 timber crib retaining walls that has been proposed throughout the project, and that's shown on all 18 the plans and there' s a detail for that . In addition he says we' re proposing a setback of 42 19 feet from the top of the bluff, which is incorrect . The original plan that was approved 20 that the Trustees had approve had a 42 foot setback; that has been revised and we are 21 providing a 50 foot setback to the house at this point . So we have eliminated it . The footings 22 are shown on the survey, the footings that were installed for the original project, they will be 23 left in place, but the new house will be set at 50 foot . So that' s a statement that was made that is 24 incorrect . BOARD SECY, KOWALSKI : Can I ask a 25 question? I see a 42 foot on the map that' s before us. It's not identifying what that is . So March 30, 2006 97 1 2 it looks like a 42 foot setback. MR. CRAMER: The dotted lines in here, 3 that 42 goes to that dotted line. BOARD SECY. KOWALSKI : What is that one 4 dotted line? MR. CRAMER: The old footings. 5 BOARD SECY. KOWALSKI : But it doesn' t say that . 6 MR. CRAMER: Yes, it does . Existing footings. 7 BOARD SECY. KOWALSKI : It doesn' t say "old" footings . It shows a different line if you 8 look very very closely, see this 42 line here? MR. CRAMER: It goes to the footings . 9 BOARD SECY. KOWALSKI : It doesn' t show where it stops. There's a dotted line here, and 10 there' s another dotted line. MR. CRAMER: This dotted line goes to the 11 footings . BOARD SECY. KOWALSKI: What is that other 12 dotted line? MR. CRAMER: Contour. 13 BOARD SECY. KOWALSKI : What is that contour; do you know what that is? 14 MR. CRAMER: 64 -- That' s the 62 foot contour. It' s right there on the top of the 15 bluff . BOARD SECY. KOWALSKI: How does it 16 connect? MR. CRAMER: Right there on the top of the 17 bluff . BOARD SECY. KOWALSKI: They're so close I 18 can' t tell, I'm sorry. MR. CRAMER: This is the 42 foot line . If 19 you follow back from here, this line comes back to here (indicating) . This is the 62 foot contour. 20 BOARD SECY. KOWALSKI : See the way these two lines are drawn, they meet, they join, they 21 merge together. This looks like a contour line here. So that footing is on a contour line? 22 MR. CRAMER: Yes. BOARD SECY. KOWALSKI : That' s what I was 23 wondering. MR. CRAMER: The proposed, the new 24 building will be at the 50 foot setback line . The 42 is where the building was originally approved 25 and when we had the building permit and construction started and the footings were put in. March 30, 2006 98 1 2 There was four policies that were talked about as far as being inconsistent with. The 3 first policy that was mentioned was standard 4 . 1, which was minimize loss of human life and 4 structures from flooding and coastal hazards . The proposed activity meets this standard. Policy 41, 5 40 . 1A1 states that new development that is not water department should be located as far as away 6 as the coastal hazard area as practical. We have moved a house back. All these structures are 7 outside of the coastal erosion hazard area on the proposed plan. Originally what we had a permit 8 from the Trustees showed a portion of the retaining wall for the sanitary system within the 9 coastal erosion hazard area. That' s why we had to get the permit. That has been redesigned and all 10 activities outside the coastal erosion hazard area at this point, and the house is moved and located 11 as far to the south of the lot as possible. The width of the house has been reduced, again, 12 removing it further away from the edge of the bluff . So we have done as practical, we've moved 13 the house back to be able to accommodate that . Also in the letter it says it' s unclear as 14 to what exactly the term "bluff" means in the report by the engineer. However, if you look at 15 the engineer' s report, he makes it very clear as far as what he' s talking about. He says I 16 inspected a bluff fronting on Long Island Sound. That' s in the engineer' s report, and as I said, 17 there is only one bluff on this property. One bluff is the area of steep slopes that runs east 18 and west between Glen Court and Duck Road. It' s the steep slope that faces Long Island Sound. 19 There are other steep sections of slopes on the property, however, those are not bluffs as defined 20 in the Town code under the coastal erosion hazard area, and also the wetlands law, neither one of 21 those address as they all talk about steep slope areas facing water adjacent to a beach. So the 22 other areas, even through this consistency report, he' s constantly mixing up the steep slopes with 23 the bluff area. So it is very clear as far as what is 24 bluff on the site and what the engineer' s report said. As I stated, there are no proposed 25 activities on the bluff within the coastal erosion hazard area. March 30, 2006 99 1 2 CHAIRWOMAN OLIVA: Even during construction? 3 MR. CRAMER: Even during construction. You see on the survey that Mrs. Moore presented 4 to you at this point there has been no clearing in there, all the clearing will take place outside of 5 that area. There' s no need as far as around the house to clear anything more, and we've pulled 6 back the sanitary system so there will be no need to clear within the coastal zone, certainly not to 7 put any structures in there. Which is how this policy refers to is structures. I' ll provide the 8 Board with a copy of my reports . Mr. Terry also suggests erosion control 9 methods as well as planting on the slopes of greater than 15 percent. This has been proposed, 10 it' s been made part of the record, we've prepared the erosion/sediment control plan which, which we 11 submitted to the Board last meeting, we also have a planting plan that was part of your record, that 12 would all be made part of the application. So we are complying with that section. 13 Also, there are several comments about the extent of erosion on the area. What I did was 14 obtain the aerial photos from 1976 through 2000 and attached those to the back of my letter, 15 copies of those. And then using the computers I overlaid the approximate edge of the bluff, I 16 overlaid the years, and you can see that the erosion lane on the top of the bluff remained 17 fairly consistent throughout that period of over 30 years . There has been moving back, but not as 18 significant as some areas that I've seen where you have wasting up to 30, 40 feet. This area in 19 particular appears to be relatively stable . In addition, the bulkheads at the bottom I guess the 20 first time the bulkhead to the west appeared was 1988 . And the bulkhead to the east on my 21 illustration here appeared in 1993 . These bulkheads still remain pretty much at the toe of 22 the bluff. In other areas of the north shore of Long Island, I've seen many cases where bulkheads 23 were built during this period and erosion has taken place adjacent to them and the bulkheads are 24 are sticking out. So these are still at the essentially the toe of the bluff. So it doesn' t 25 appear that there' s a great deal of erosion taking place. If you look at the houses, the existing March 30, 2006 100 1 2 houses to the west of this site, the lawns in the back of them appear to be pretty much consistent 3 with the previous photos of previous years. So although the bluff is eroding, it' s not a 4 significant erosion as to be expected in other locations. In part I would attribute this to the 5 shallow water offshore as well as the rocks and debris that is in the shoreline that would affect 6 the wave engineer as it comes ashore that probably cuts down on the amount of erosion. But there is 7 erosion, and later I' ll speak to that as far as I have some photos that just even the past year show 8 what' s happened. The next policy that was talked about is 9 standard policy 5, which is protect and improve water quality and supply in the town of Southold. 10 This policy deals with drinking water standards. And it talks about providing groundwater for human 11 consumption for drinking purposes . The groundwater on this particular site is flowing 12 north, so any impacts that do occur on this site would not affect drinking water, because it would 13 be discharged immediately into Long Island Sound. However, be that as it may, we have received 14 Suffolk County Department of Health Services approval for these. Suffolk County standards are 15 based on the study for preservation of groundwater, so we comply with that . Part of 16 this recommendation saying we don' t meet this policy, which is why it' s unclear why he even 17 brought up this policy. But he suggested using nonfertilizer dependent species, reducing down on 18 the amount of fertilization. The planting plans we have provided for this site do use 19 indigenous species, and they' re not species that do use much fertilization. They' re bayberries and 20 and things like that that we' re proposing to be used on the site. So even though this policy 21 isn' t relevant, we' re in accordance with his recommendation. 22 There was a recommendation that trees be placed in the area on top of the sanitary system. 23 This recommendation is inappropriate. If you place trees on top of it what will happen is the 24 tree roots will eventually intercept and impact upon the sanitary system reducing its efficiency, 25 and causing it to fail. We've shown a lawn area in there. We' re March 30, 2006 101 1 2 not showing irrigation. So we're not proposing or feel it's at all appropriate to locate trees on 3 top of the sanitary system as was suggested. Policy standard 6, protection and 4 restoration of the ecological quality throughout the town of Southold. In the letter it' s stated 5 that the site is mostly cleared of vegetation including areas within the coastal erosion hazard 6 area. This is not correct. The survey that we presented to you was laid out in the field to 7 reflect the clearing that did take place on the site. Only 26 percent of the site has been 8 cleared. So it' s certainly not most of the vegetation being cleared on the site. Only 26 9 percent of it has been cleared. None of that clearing has taken place within the coastal 10 erosion hazard area. He states that he' s not able to comment on 11 the effectiveness and success of the plan because he doesn' t know the slopes that would exist post 12 construction and the erosion control methods that would be imposed. The plans that we presented to 13 the Board clearly show the elevation of the walls and the bottom elevation of the walls and the 14 slopes can be easily figured out from that. In tact, the areas that are other than where the 15 sanitary system goes, which will be set in about eight percent, the areas below the retaining walls 16 will be essentially the slopes that was there previous to construction. So the retaining walls 17 are being constructed and the slope is going to remain at the same slope as what was there 18 previously. That was wooded in the past, the landscaping and plant materials were showing would 19 be able to stabilize in there. And, again, these plant materials were chosen because they' re 20 indigenous, their ability to withstand coastal environment as well as low fertilization and low 21 requirements. So they would survive quite nicely on this site. Again, throughout this section he 22 continues to make reference to the slope, the eastern side of the property being bluff. Again, 23 as I said before this is not a bluff, it' s a steep slope area, which has been addressed through the 24 use of retaining walls and a configuration of the house. He asked for a revegetation plan and that 25 has been previously submitted to the Board, and we also have presented to the Board the erosion March 30, 2006 102 1 2 sediment control plans which addresses the various methods that would be utilized during the 3 construction. Policy 6.3 refers specifically to the 4 protection and restoration of tidal and freshwater wetlands. There are no tidal wetlands on the 5 property, nor are there freshwater wetlands . There is tidal waters on the property below the 6 mean high water, we' re not going into that . That will not change. 7 He makes also reference to Chapter 37 on under this policy, which is really irrelevant to 8 this particular policy, that 37 feel deals with the coastal erosion hazard area, which has nothing 9 to do with the wetlands themselves . But, again, the bluff is defined within Chapter 97, which I 10 stated before it' s very specific as far as how it is, and in this particular case, what they 11 consider the bluff would also coincide with the coastal erosion boundary being 25 foot back from 12 the crest of the bluff. Policy 9 .2 is protect and provide public 13 visual access from the coastal lands and water from public sites and transportation routes where 14 physically practical. Mr. Terry states that visual access from Glen Road, the private road 15 will be impaired because of construction of the residence, which is not the case. Attached to the 16 end of the report that I've given the Board shows the site how it was before any clearing took 17 place. There was no visual access from that cul-de-sac at the end. It was wooded at the end. 18 You couldn' t see the shoreline and even during the winter, which this photo was taken, I guess it was 19 taken in March, when we had the Trustees hearings, you can see the amount of vegetation there, even 20 though you could look through and see a filtered view of the water, with any foliage on there you 21 wouldn' t see anything. The photo below it shows the site from approximately the same location as 22 the photo taken last year, and with this, with the clearing that has taken place, we have in fact 23 improved the visual quality, if you consider that, because now you can look through where it was 24 cleared and you can see the water. The house itself will be located to the right of this photo 25 so in actuality, once the project is completed the house would not be in a direct line, but you would March 30, 2006 103 1 2 be able to look out past and see the tops of the water where before you wouldn' t be able to. The 3 only place where you could see the water before the construction was down at the bottom of the 4 site on Duck Pond Road. That will still remain, there' s been no changes to that area so there' s 5 still the visual ability to look up to drive up to the end and look out at the water. 6 There' s references made to the need for a visual analysis, view shed analysis to be able to 7 determine whether this is going to have an impact on the standard or not; which in my opinion is not 8 at all the necessary, and that it' s just a way to try to prolong the process at the applicant' s 9 expense. Clearly from the photos that' s shown and 10 considering the previous conditions and what' s going to happen after the site is developed, you 11 can clearly see how this in fact will probably improve the visual quality from Glen Court. 12 I guess I should stress that right now the site has been cleared, and top soil has been 13 stockpiled on the site. There are steep slopes on the site and they're unvegetated because of the 14 construction taking place. I'd ask this Board to make a decision as quickly as possible one way or 15 another so this can be corrected. We're heading into the spring season, and any types of rains 16 it' s going to impact the client' s property and possibly erosion down. . There has been erosion 17 protection measures that have been in place consistently. I have visited the site several 18 times, and I have not seen indications of any erosion coming through the silt fence or the hay 19 bales at present . However, that is likely not to continue for long if we have the proper storm, we 20 could have significant impact. So I'd ask the Board to close the hearing as soon as possible and 21 render a decision one way or another. The second letter was from the soil and 22 water conversation district dated February 27, 2006 . Again, there are couple comments in there 23 that are not true . It first starts out saying that the project was stopped because of the house 24 foundation was within the coastal erosion hazard area, which is not true. The project was stopped 25 because of the need to obtain a variance further Board for the 100 foot setback from the edge of March 30, 2006 - " r! - -- -' -I,.p7 at _ _. 104 1 2 the bluff . It wasn't stopped because of the foundation being within the coastal erosion hazard 3 area. In fact, we did receive a permit from the Trustees to locate a section of the retaining wall 4 within the coastal erosion hazard area. Again, that has been modified, the plans, so that' s no 5 longer within the coastal erosion hazard area; in fact, there has not been any clearing within the 6 coastal erosion hazard area as reflected on the survey that Miss Moore has presented to you. 7 Secondly, she talks about the bluff being partially vegetated and appearing to have 8 significant erosion problems. Again, I provided the Board with the copies of the aerial photos 9 from the past 30 years as well as the overlay we did to illustrate that although it is eroding, 10 it' s not what we would consider significant erosion. 11 Also, if you look at the last page of my comment letter on that, there are two photos that 12 shows the bluff looking to the west from Duck Pond Road, the top photo is from July, 2005, and it 13 shows it during the summer months with the vegetation over part of it, and the other sections 14 that are eroded, or without vegetation. The one below it shows, that was just taken just this 15 month and although there' s no foliage on it and the grass is not green it' s tan or brown, you can 16 clearly see that the vegetation' s still there in the same spot, that not a great deal of erosion 17 has taken place. At the toe of the bluff there is some beach grass that has grown in, a portion of 18 that has eroded away through winter storms, and has cut away maybe about two foot high, and that' s 19 set way, way away from the edge of the bluff, from the toe of the bluff and you see the lower 20 right-hand corner, where it' s maybe a foot, two foot high, where the bluff has eroded, where the 21 dune grass has eroded, and this is one of the reasons, beneficial aspects, of having a dune in 22 front of it the beach grass does hold the sand particles in place. 23 CHAIRWOMAN OLIVA: Mr. Cramer, we would maybe partially agree with you that the top of the 24 bluff, there is a lip, but it is being gouged out. We were just down there on Friday and our 25 own engineer said it had eroded further from when he had been down there several weeks ago, coming March 30, 2006 105 1 2 down the bluff . MR. CRAMER: I have been out there over 3 the past year. BOARD MEMBER SIMON: I don' t know that 4 we're looking at the same photos because between last summer and March 2006, there looks to be a 5 lot of erosion from the greenery from the top of the upper picture to the lower picture. 6 MR. CRAMER: Well, yes, if you look at the upper picture, it' s green because it' s the summer. 7 BOARD MEMBER SIMON: I see barren ground going almost to the top in the lower picture. 8 MR. CRAMER: There' s barren ground on both of them. 9 BOARD MEMBER SIMON: But it doesn' t go as far in the upper picture as it does in the lower 10 picture . BOARD MEMBER DINIZIO: That' s because 11 there' s green stuff over the top of it. BOARD MEMBER SIMON: You' re saying that 12 green stuff in the upper picture has all gone away all by itself because of the change in the season? 13 MR. CRAMER: The grass is still there, it' s a lighter tan. It' s dormant. This is a 14 photo taken during the winter. If you look close at it, the photo, it' s kind of light tan, 15 greenish-tan, that' s really the beach grass. BOARD MEMBER SIMON: Almost to the top? 16 MR. CRAMER: The lower picture shows the beach grass beach. 17 BOARD MEMBER SIMON: On the bottom, yes . I 'm talking about near the top of the bluff. 18 MR. CRAMER: Near the top of the bluff, both pictures show exactly the same bare soil. We 19 can go look at it in a few months . MR. CRAMER: If you look out there again 20 because of the time of year, you don't get the drastic contrast because the grasses during the 21 summer are green, during the winter they're brown. So they tend to blend in. If you look closely at 22 the same photos the grasses are essentially at the same spot . 23 MR. CRAMER: There' s talk about a gully being formed from either concentrated flow or from 24 hydrostatic pressure from groundwater seeps. I took a look at that; it' s not from a groundwater 25 seep. There is overland flow, and apparently it' s coming from the top of the adjoining property March 30, 2006 106 1 2 owner. Their lawn pitches all towards Mr. Aliano' s property. 3 CHAIRWOMAN OLIVA: I will agree with you on that. He stopped filling the bulkhead, he 4 stopped the vegetation, and he does have a gully coming down. 5 MR. CRAMER: The letter also goes on to talk about the need to comply with the New York 6 State DEC State Pollution Discharge Elimination System, which is SPDES, general permits GP0201, 7 which has been done. The silt fencing has been installed; it' s been part of the project since the 8 beginning as well as staked hay bales. An erosion and sediment control plan was prepared. We 9 submitted a copy of those to you at the last meeting. And a notice of intent has been filed 10 with the DEC in Albany, all as required under the statute. 11 There is also a great deal of discussion within the letter about reforming the bluff and 12 regrading the bluff, really from an academic standpoint, it' s a good thing, it' s what could be 13 done as far as reducing the angle of repose, planting it, regrading it . Again, that' s from an 14 academic standpoint . In reality, doing something like this on this particular site there' s not 15 enough room to do that and whether we could get permits from the various involved agencies, I 16 doubt it very much. Again, she talks about stabilizing the toe of the bluff, we're not , 17 proposing that, we're not proposing any activity on the toe of the bluff. 18 The last letter that was received was an email from the property to the west of the site. 19 There were suggestions made, note the writer was in opposition to it, Mr. John J. Kallas, who is 20 immediately to the west of the site. He is in opposition to the application. He makes four 21 points . One of them being that the developer can build a house closer to Duck Pond Lane and away 22 from the bluff and access it from Duck Pond Lane. That is not the case. Essentially the way the 23 site lays out, the width of the bluff is pretty much consistent down, whether it' s on the top or 24 on the bottom approximately the same setback from the bluff. Also members of the staff and 25 Mr. Terry, and his recommendations has suggested even moving the house further to the west to bring March 30, 2006 107 1 2 it up onto the flatter portion of the site. So this would be in direct contraindication of what 3 would be the best location for it and putting it down there would require additional grading. 4 It also states the variance would result in a driveway being located off of Glen Court, 5 which is true whether there' s a variance or not, the driveway is proposed to be off of Glen Court . 6 This lot was created as part of the subdivision that created Glen Court. This is where the 7 driveway, where the access to this lot was shown. 8 It also talks about potential traffic impacts related to a single-family house on the 9 cul-de-sac. The cul-de-sac is a Town maintained road. It' s Town spec. There are approximately 10 six houses on the cul-de-sac right now that uses their driveways to it. Certainly, one more house 11 would not have any significant impact on the roadway itself. 12 It also states that proposed setback will affect the character of the neighborhood in the 13 area because it' s immediately adjacent to the bluff . In fact, the proposed house is set back 14 further than all the houses to the west, including the author' s home itself. The house we're 15 proposing would be set back further from the edge of the bluff than all the other homes in the area. 16 As I presented before, while the bluff is eroding, the amount of the erosion does not appear to be as 17 significant as what' s being said based on the interpretation of the aerial photos . 18 There are finally two suggestions stated, that the traffic study should be done, an erosion 19 study should be conducted on the site. Again, there is no need for a traffic study, a 20 single-family house on a cul-de-sac like this is not going to have a significant impact or any 21 impact whatsoever. The only erosion that' s occurring is from the author' s property itself, 22 which as the Chair noted, is causing erosion to my client' s property in that they' re allowing 23 overland flow to erode off a section of my client' s property. 24 If the Board has any questions, I'd be glad to try to answer. But again, I ask the Board 25 to close the hearing and render a decision one way or another so the situation out there can be March 30, 2006 108 1 2 remedied, so it can be stabilized, and we can move on. Otherwise, there will be significant impacts 3 if it continues in the present state with the extremely steep slopes and the stockpile of top 4 soil. CHAIRWOMAN OLIVA: Would you accept 5 alternate relief? MS. MOORE: We' re all here to listen. 6 CHAIRWOMAN OLIVA: I'm just asking if you would. 7 BOARD SECY. KOWALSKI : Yes or no? MS. MOORE. We' re always interested as 8 long as we can discuss it. What doesn' t often work is alternate relief that doesn' t have any 9 opportunity for discussion. BOARD SECY. KOWALSKI : Then if the Board 10 denies it . Alternative relief, you' re saying it is not open to discussion right now? 11 MS. MOORE: That' s the opposite of what I said. Alternate relief is always something we 12 have to discuss. It' s something that we should exchange, and I have Mr. Aliano here, the owner of 13 the property. CHAIRWOMAN OLIVA: We're not ready to. 14 We' re just asking. BOARD MEMBER DINIZIO: Let me just throw 15 something at you. You've got a 35' by 40' house; can you settle for a 30' by 45' house? 16 MR. ALIANO: Yes . CHAIRWOMAN OLIVA: No. 17 BOARD MEMBER DINIZIO: So it could be a 55 foot setback. 18 MS. MOORE: At this point we cover the footings. 19 BOARD MEMBER DINIZIO: The new building is a square box, it' s not going to have any 20 cut-outs? MR. CRAMER: 30' by 45' we can do. 21 BOARD MEMBER SIMON: What is the reason, I'm not sure this is a good idea, why the whole 22 house couldn' t be further to the west? Maybe nothing could be gained by that, toward Glen 23 Court? MS. MOORE: We have no objection to moving 24 it as close as the Board wants. I applied for a variance so we could apply for alternative relief . 25 The location came at 30 because that was the footprint we were working with originally, but March 30, 2006 109 1 2 certainly we can move away and towards Glen Court . Its makes sense because this is actually a side 3 yard, it' s more equivalent to a side yard than a front yard. 4 BOARD MEMBER SIMON: If the Board came back with a denial with alternative relief, which 5 involved a smaller footprint somewhat displaced, say to the west, whether that would be something 6 that you wouldn't want to even read. We can' t discuss -- we have to discuss it in two weeks . 7 BOARD SECY. KOWALSKI : I have to say the reason I asked is I'm not sure that the Board is 8 ready yet, and they may need more time. So since you're not willing to close the hearing subject to 9 possibly accepting whatever that alternative is that there may have to be an adjournment so that 10 it can be discussed at a later time. MS. MOORE: Now I understand. What I 11 would prefer is if the Board could discuss individually what your preferences would be is 12 fine, then you could deliberate, but we do need to get to a resolution. If you ask can we take 30 by 13 45, yes . Can you take 30 by 45 but move it over to Glen Court, yes. If there' s another 14 suggestion, we' ll entertain it, and then we' ll leave it to you to decide among yourselves where 15 you would like to position it. But I think we want to have a discussion. 16 BOARD MEMBER SIMON: The immediate question is should we keep the hearing open so we 17 can meet again and think about some of these things, or close the hearing now and do what we 18 think is appropriate . MS. MOORE: Is there something that you 19 need? CHAIRWOMAN OLIVA: I think we all need to 20 go down and have a site visit ourselves . We've gone down individually, but not as a group. 21 BOARD MEMBER DINIZIO: I would not participate in that. I believe we got a memo that 22 said we really shouldn' t be doing that; that we should be conducting all our business in public. 23 ASST. TOWN ATTY. CORCORAN: You can do site visits. 24 CHAIRWOMAN OLIVA: Jim, the Town attorney says we can. 25 ASST. TOWN ATTORNEY CORCORAN: You make factual observements and you don't discuss what March 30, 2006 — -. ae- e.r- T. _ }- m :,,tij, 110 1 2 you're going to do. BOARD MEMBER DINIZIO: If the result of 3 that is a change that has not been discussed in public, I don' t believe that you can legally do 4 that. CHAIRWOMAN OLIVA: No, then we come back 5 and discuss it here. MS. MOORE: I'm not arguing that, yes, you 6 can do a site visit. I think what Mr. Dinizio is suggesting is that you will obviously discuss 7 alternatives there on site, but it won' t be in a public hearing session. 8 ASST. TOWN ATTY. CORCORAN: You shouldn' t discuss -- you can not do that. 9 MS. MOORE: But the reality is it should be at a public meeting. 10 ASST. TOWN ATTY. CORCORAN: Right. If you' re going to discuss what you want to do, that 11 needs to be public. No matter if you did it at McDonalds or -- 12 CHAIRWOMAN OLIVA: Do you gentlemen have anything you want to say? 13 MR. KALLAS: John Kallas. I'm actually the owner of the house with my father immediately 14 to the west. We've lived there for about 18 years now, and for us it' s a place of enormous beauty 15 for us. Not only the bluff for us, it' s also the V that comes down, which is kind of one of the 16 rarer points that you see on Long Island Sound. We have natural concerns . We have experienced the 17 erosion. We put in the bulkhead shortly after we moved in. We have seen a fair amount of erosion 18 through the years that we have been there, and aside from the bulkhead, it' s been hard to 19 control. It' s a continuing concern of ours because we don't know how fragile the area can be 20 with another house. The other point I want to make is our 21 objection is also to the driveway. All these houses have a Duck Pond Road address. It' s not 22 one house that's going to impact the cul-de-sac . There' s four or five houses going to be built in 23 that area. And at least one more has the access to the cul-de-sac by virtue of the driveway. So 24 for us, the driveway that a house next to it, there' s no frontage associated with it . When you 25 go see it, the driveway' s pretty much going to come in right through a point on the property March 30, 2006 ' 111 1 2 that's made. So that' s a concern of ours. I don' t know if we would be happy, to be honest with 3 you, if the house was relocated to the west any more because right now it' s 25 to 30 feet, maybe a 4 little bit more between where the house is situated to the property line. 5 What we would like, to be frank with you, is if the house would be closer to Duck Pond Road. 6 There' s another house that' s just been erected on Duck Pond Road that's just next to. So to the 7 extent that' s an option, I think that's what we would prefer, that' s where we come out on 8 this. Thank you. BOARD MEMBER DINIZIO: May I comment? My 9 concern is what Mr. Cramer said and what I observed down there, and knowing that now it is 10 April, that in probably two weeks we' re going to be standing knee-deep in mud down there. If we 11 have a thought -- I'm talking to the Board right now -- in our mind about how we would like this 12 project to look, we should discuss that today and make a decision. I don' t care what it is if you 13 deny it or not, but at least give these people an opportunity to hear what we have in our mind, and 14 comment on that and make a decision. If we don' t make a decision today we' re into May, everything, 15 all the damage has been done, the flowers are out and we have a balding hill for the summer, which 16 includes in the fall dust and whatever else comes along. I just encourage everybody on the Board, 17 if they have something to say if they have something on their mind, let' s come to it, let' s 18 make a decision; we can close this hearing and be done with it. They can go on and do what they 19 need to do. MR. KALLAS: I'm Jerry Kallas, I own the 20 house for the last 18 years . I can tell you how much the erosion is because I have three flag 21 poles by the bluff. When I built the flag poles eight feet from the end of the bluff. Now, I 22 could say it' s only six feet. So with the 20 years there, we lost about two feet . 23 CHAIRWOMAN OLIVA: That' s about right . MR. KALLAS: Another thing bothers me is 24 the driveway, I •don't want to stop, it' s his property, he can do anything he wants . But in 25 order to have a driveway attach to my property and every other house that has 100 feet frontage or March 30, 2006 112 1 2 more and has a driveway, I think it' s going to be a city not a village anymore. 3 MS . MOORE: If I could respond to your comment about the driveway, the contractors just 4 pointed out, we have 45 feet road frontage on Glen Court; we have no problem with having the driveway 5 hug the east side rather than the west side, so it creates more of a setback. We have 45 feet, a 6 driveway has to be 15 I believe. We' ll move it away from his property. We're not trying to 7 create a difficulty for him. We have the room and that' s not a problem. I think that we don' t have 8 slopes there. I just want to make sure we don' t have any sloping problems. We're trying to work 9 through the process, and certainly if you put a condition that the driveway be more on the right 10 side of Glen Court than the left side or south side versus north side, that' s not a problem. 11 MR. KALLAS: But you have another driveway there, you have two driveways. 12 MS. MOORE: No, it' s a different property, different entrance. 13 CHAIRWOMAN OLIVA: I just to say that we have a couple more reports that we have asked for 14 that have not come in yet, and we're going to be in the process of reviewing them. So I would like 15 to keep this open until April 27th. MS . MOORE: Could you tell us which 16 reports you're waiting for? CHAIRWOMAN OLIVA: I'm waiting for reports 17 from the Department of State and another report from the Soil and Water Conservation people. 18 BOARD SECY. KOWALSKI : We had forwarded Mr. Cramer' s plan to Soil and Water, the erosion 19 sediment control plans, they're reviewing that and responding also. 20 CHAIRWOMAN OLIVA: And I have people from the coastal resources division from the Department 21 of State that have looked at the site, and I need to get their report too. So until that time I 22 really don't want to make a decision. MR. CRAMER: As you pointed out, we have a 23 situation here -- CHAIRWOMAN OLIVA: I know you have a 24 situation, but the situation is self-created, sorry.' 25 MR. CRAMER: It wasn' t self-created. The Town of Southold issued a building permit. March 30, 2006 -- - -- - -- - - - .. - - ,r 113 1 2 CHAIRWOMAN OLIVA: In error. MR. CRAMER: Apparently in error, but that 3 was not any of our doings. We submitted the application, they approved it . It was unknown as 4 far as the need to get this variance but indeed they did approve it, and the permit was issued and 5 the construction started in reliance of that permit and foundations were put in reliance of 6 that permit. CHAIRWOMAN OLIVA: Fine, Mr. Cramer, but 7 two wrongs don' t make a right. BOARD MEMBER SIMON: But the issue is if 8 it' s not your fault that there was a confusion or misunderstanding of this, it isn' t at all clear 9 that the bluff should be a victim of a possible error that the Building Department made . Our job 10 is to protect the bluff and the area and the environment, not to simply protect the applicant 11 alone because of errors that are not the applicant' s fault . 12 MR. CRAMER: We are outside of the bluff area. We have pulled the house back from there. 13 There was suggestions made to further reduce the size of the house, that would increase the setback 14 from the bluff. We're in agreement; we would be willing to go along with that . We have no problem 15 with that. At this point if the Board would like, we have the reduction in the size of the house 16 which has now increased it to 55 foot setback to the edge of the bluff . We have located the house 17 as far as we can to the south on the property. The house is quite a bit smaller than what it was 18 originally. We have now increased it from 42 feet, now we' re at 55 feet . Sliding it to the 19 west, that won't create any additional setback for it . 20 BOARD MEMBER SIMON: These are important considerations, which we intend to consider, but 21 what we' re not going to do is to rush into something because of the unfortunate delay. You 22 may be absolutely right. We may wind up vindicating everything you said. But we're not 23 going to decide now because you said so. MR. CRAMER: I realize you' re going to 24 decide when you' re going to decide. It' s my service to my client . 25 CHAIRWOMAN OLIVA: We will try to do this as expeditiously as possible. March 30, 2006 • 114 1 2 MR. CRAMER: Because again, right now that situation is that there are stockpiled soils that 3 have not been graded, and it poses a significant hazard not only to the environment, but also to my 4 client' s property. If this continues to erode he' s going to lose property. 5 MS. MOORE: If I may make one point. If we' re discussing where the house is ultimately 6 going to go, why we stopped when we did is that we didn' t want to excavate a sanitary system and 7 start putting up the walls given the situation we were in. However, if the Board is prepared to 8 allow us to proceed, put the sanitary system in, put the retaining walls in their place, then at 9 least we can get rid of the stockpiled material and start stabilizing the property. Where we 10 ultimately put the foundation I don' t think will make that much of a difference whether you move it 11 five feet this way, five feet whichever way, the sanitary and retaining walls they' re pretty much 12 staying where they are. At least we will address some of the immediacy of the material that is 13 there. That' s one possible -- at least stabilization to our property. At least if we 14 have a majority of the Board that is ultimately going to decide where this house is going to go. 15 BOARD MEMBER SIMON: Just to reply, it' s my understanding that the work stopped because 16 there was a stop work order, until we could review everything that needed to be reviewed so we could 17 make a decision on the basis of the corrected circumstances, and that' s what we're trying to do. 18 MS. MOORE: Actually the Building Department was given the circumstances at the 19 time, and they were prepared to allow us put the retaining walls and deal with the sanitary. We 20 chose to stop when we did, we didn' t want to aggravate the circumstances by continuation of 21 work before coming to this Board. So it was our decision to stop at that time and do nothing 22 further. But the sanitary and the retaining walls is not a Building Department building permit 23 process. It is something that is independent . We have the permit from the Health Department, and we 24 have the retaining wall from the Trustees at the time, which is now not even necessary. Chuck was 25 present and spoke to the Building Department, so he can tell you exactly what they told him. March 30, 2006 115 1 2 CHAIRWOMAN OLIVA: We don' t have the Building Department here to refute it . 3 MS. MOORE: In fairness to my client, we're allowed to create a record. 4 CHAIRWOMAN OLIVA: So then next time we' ll bring the Building Department in and go back 5 and forth some more, Pat. MS. MOORE: Madam Chairman, I already know 6 how you feel about this, but I need to speak to the rest of the Board as well, thank you. 7 MR. DALTON: John Dalton, 21 Sea Cliff Lane, Miller Place. On January 5th Ed Forrester 8 came out to the site to give us a stop work order. I spoke to him about the concerns of the property, 9 and is he agreed the same thing as far as we started. He gave us the okay to put the footings 10 in because we had the pump trucks and the concrete forms already put in place. He said call me in 11 the morning, and I can give you more detail. And I had a phone call from a fellow named Mr. Damon I 12 believe. CHAIRWOMAN OLIVA: Damon Rallis . 13 MR. DALTON: Yes. And he said I have to put a stop work order on it . Once you strip your 14 footings you can't go on your property. You can' t do any more construction. I told him the way the 15 property is, in the condition it is now, it' s almost the worst thing to do is to put a stop work 16 order on it . I have all the soil, I have a hole dug, I have top soil on the bottom of the cliff, 17 the wetter it gets, the heavier it gets, the more it' s going to erode. He said there' s nothing that 18 he can do about it . He said if you want you can put the septic system in and continuing doing your 19 retaining walls . That is very costly job to do. The retaining walls on that site are over 20 $100, 000 . It's not fair to us to put retaining walls in and a septic system that we can't put a 21 house on. And that' s where we are right now. We' re into April, there' s a tremendous amount of 22 dirt because we have a nine foot basement going in this house because we had to go nine feet to get 23 into good material, which we're in good material . You have all that weight on top of that bluff, 24 more rain we get, we have been lucky it' s been dry in March. There' s only one place it's going to 25 go. BOARD MEMBER DINIZIO: After all, that is March 30, 2006 -777 116 1 2 why we're here to try to mitigate that, and I think you're absolutely right, you're not going to 3 invest $100, 000 in a piece of land that' s going to stay there and never be used. So we are here 4 basically just to grant you a footprint of what we think is necessary. Certainly you're going to get 5 something. I think we as a Board should grant it sooner rather than later based on the 6 environmental catastrophe that could happen if we wait until the rainy season. 7 BOARD MEMBER WEISMAN: Could I ask you to approach and note on this plan for me, I believe 8 I 'm reading it correctly, but I'd like to know precisely where your proposed septic system is • 9 located along the septic system. BOARD SECY. KOWALSKI : We can't hear you 10 on the record. BOARD MEMBER SIMON: What were you saying? 11 We can't hear anything. BOARD MEMBER WEISMAN: For the record, 12 what I was asking was to confirm the location of the septic system to the east and its relationship 13 to the footprint of the proposed house and the retaining walls. And they just confirmed that it 14 is on this map. With the square feet noted at S-T and L -P, septic tank and leaching pool. 15 MR. CRAMER: Septic tank and the LP is the leaching pool. And the E is the expansion pool, 16 the expansion pool will not be put in. I doubt it' s even necessary, but it' s part of the code, we 17 have to provide it. Given the soils in the area that they' re all sand, you' ll probably never have 18 to install that. In fact, I've never had run into a case where anybody has to install it on Long 19 Island. The reason why the retaining walls are there is that the Health Department requires a 20 flat surface about the sanitary system. One retaining wall drops it down, the other retaining 21 wall brings it up, so we have a flat surface for the sanitary system. If it wasn' t for the Health 22 Department requirements, we could have left the existing slope the way it is and not have to do 23 these retaining walls, but the retaining walls are necessary just for the sanitary system. 24 MS. MOORE: One more comment I have, Mr. Goehringer -- 25 BOARD MEMBER GOEHRINGER: You have to discuss something, and we were discussing March 30, 2006 117 1 2 something too. Unfortunately, Miss Moore, I have to leave, and that' s the reason I was making that 3 discussion, and my back is killing me so I'm standing at this particular point. I feel very 4 badly about this situation, but there' s nothing I can do about it at this particular time. 5 MS. MOORE: All I was going to suggest is if we could resolve the location today. 6 CHAIRWOMAN OLIVA: No. MS. MOORE. Just hear me out. If you get 7 comments from these other agencies with respect to certain plantings or whatever, and you want to 8 supplement our planting plan because really that' s what we' re talking about from these agencies might 9 be whether our planting plan is adequate or not . You also could provide for inspection after 10 construction, within a six month, year window, whatever you prefer, and see to make sure 11 everything is stable as we have assured this Board that' s in our best interest as well . So we' re 12 trying to work with you, we' re just trying to move this along so we don' t have a situation where we 13 have created, where we're in an emergency. BOARD SECY. KOWALSKI : Are you waiving 14 your reply to their submissions that they give, you're waiving everything then? The Board wants 15 it to be part of the discussion. MS. MOORE: We don' t know how long it' s 16 going to take for them to respond. CHAIRWOMAN OLIVA: I would like to adjourn 17 to April 27th to 2 :20 p.m. and hopefully we will have everything resolved. 18 MR. CRAMER: Recognizing you that will extend it, but there are other things that may 19 make you feel more comfortable. In the past in other towns I've worked in in situations like 20 this, we could put up a bond that makes sure that if there is problems, that it is restored within a 21 certain amount of time, not that the bond would go on forever, but say two years, to allow for things 22 to become stabilized, if they don't we'd have to do it, otherwise the bond could be called in. We 23 could certainly work out anything like that . CHAIRWOMAN OLIVA: We will take that into 24 consideration. I make a motion to adjourn. (See minutes for resolution. ) 25 (Time ended: 3 :56 p.m. ) March 30, 2006 118 1 2 3 CERTIFICATION 4 5 I, Florence V. Wiles, Notary Public for the 6 State of New York, do hereby certify: 7 THAT the within transcript is a true record of 8 the testimony given. 9 I further certify that I am not related by 10 blood or marriage, to any of the parties to this 11 action; and 12 THAT I am in no way interested in the outcome 13 of this matter. 14 IN WITNESS WHEREOF, I have hereunto set my 15 hand this 30th day of March, 2006 . 16 17 18 19 %114,44. I, Florence V. Wiles 20 RECEIVED o 21 3.ciS ��G 22 JUL 1 1246144,41 23 • u9beid Tc,v.n Clerk 24 25 March 30, 2006 COUNTY OF SUFFOLK' P. atpluie.1 yy"v1$ Steve Levy SUFFOLK COUNTY EXECUTIVE SOIL AND WATER Thomas J.McMahon CONSERVATION DISTRICT DISTRICT MANAGER FAX:(631)727-3160 (631)727-2315 10 March 30, 2006 Chairwoman Ruth Oliva APR 3 2006 Board of Appeals (p Town of Southold ) 2ONI dG e P.O. Box 1179 0ARD of AppE;�Ls Southold, New York 11971-0959 RE: ZBA File REF. No 5846 Dear Chairwoman Oliva: As requested the Sediment and Erosion Control Plan for the Nicholas Alliano Property located in Cutchogue,NY has been reviewed by our office. The Sediment and Erosion Control Plan(SECP) compiled by Cramer Consulting Group satisfactorily addresses many methods of sediment and erosion control in a generic manor. There is no site plan indicating the locations of the recommended sediment and erosion control practices, nor a scheduled timeline. In addition, please note the following comments regarding specific recommendations within the SECP. Not included in the SECP is the Planting plan referenced on page 2. The potential for erosion at this property is extremely high due to the exposed steep slopes,the droughty sandy soils,and the close proximity to the bluff and Long Island Sound. For these reasons it is critical that a Planting plan be included in this report. Ideally the selected species,planting times,,soil amendments like organic matter,mulch,fertilizer,and irrigation methods slated for use should be included in the plan for review. - As you are aware this site contains steep slopes, which have beencompletely devegetated to facilitate the construction of a residence. Such exposed slopes are catalysts for erosion;therefore it is essential that vegetation be established as soon as possible to prevent damage to the slopes and Long Island Sound. However, the soils onsite are droughty, meaning the site conditions are sandy,dry,and nutrient deficient. A further limiting factor with this site is'that irrigation on the slopes is not recommended due to the threat of erosion(steep slopes). The first item,which should be listed as part of the planting plan, is a temporary seeding of cereal rye (2 bushels/acre) on the slope. This will reduce that amount of erosion until final grading and revegetation occurs. Secondly, a review of the plant species selected for permanent revegetation on this site should-occur to ensure that they are adapted to such environmental conditions. The use of plants native to Long Island is highly recommended as they are adapted to the harsh conditions (low water and nutrient availability, disease and pest threats, and salt exposure) 'Cape' American Beach Grass Beach Plum,Bayberry,Beach Rose(Rosa virginica), Pitch Pine and Eastern Red Cedar are native species appropriate for this site. Using native drought tolerant plants will reduce the amount of nutrient and pesticides that potentially could leach from the sandy soils on site and pollute Long Island Sound. The required irrigation water will also be minimized. As mentioned above, the use of sprinkler irrigation is only recommended if extreme care is taken during application to ensure runoff does not occur. Respectively, the use of sod (SECP p.8 Section Surface Stabilization) is cautioned, as it requires a substantial amount of irrigation both for establishment and maintenance. Rather, the lawn should be established (by June 1st or after August 15th) through direct seeding to allow for deep root penetration and a reduction on irrigation reliance. A seed mix of Hard Fescue, Creeping Red Fescue, and Perennial Rye is preferred due to their drought tolerance. Mulch, such as straw, should be applied with the seed to helpestablish the lawn in 'a quick and complete manner. Supplemental water may be . necessary to facilitate establishment, therefore as mentioned above extreme care should be.taken with irrigation applications. Ideally,drip irrigation should be employed for landscape areas, with application rate being reflected by the water holding capacity of the soils. If irrigation is utilized it is important not to saturate the soil because of erosion and runoff concerns. A method of monitoring and scheduling should be used. One method is the use of an Irrometer to check the soil moisture before and after irrigation. As recommended previously, drought tolerant plants are highly encouraged to reduce the reliance on irrigation. Next,'soil amendments should be listed and reviewed within the Planting Plan. Successful establishment and longevity of the vegetation onsite depends on the health and productivity of the foundation in which they are planted;the soil. As Carver and Plymouth soils are characteristically poor and have been further degraded due to stockpiling of the topsoil and grading activities. Once the site is regraded and prepared for planting, soil tests should be taken to determine the appropriate mineral and nutrient applications. .' .• 1 To improve the soil's health and droughty nature, amendments such as organic matter in the form of compost (weed free) should be added to the soils. Additionally, mulching Should occur in combination with planting to reduce competition from weeds and also increase the moisture content of the soil. Both actions will increase the biological activity and the water holding capacity of the soils, thereby reducing irrigation, fertilizer and pesticide applications. Implementing the above recommendations within the Planting Plan will ensure successful vegetation establishment and prevent Long Island Sound from pesticide,fertilizer and sediment loading. Lastly, the Sediment and Erosion Control Plan is only effective if it is implemented correctly and completely. Currently, only part of the plan is being implemented and the recommended silt fencing is installed improperly (see attached photos). Therefore, the Sediment and Erosion Control Plan should be applied to its fullest extent and individual practices should be examined for correct installation. The Phase II Stormwater requirements apply to one acre or more of disturbed land, with a direct hydraulic link. Although, this site is less than one acre, the entire slope of Duck Pond Road combined, is greater than one acre and has a direct hydraulic link to Long Island Sound. It is within NYS DEC jurisdiction to consider the entire Duck Pond construction area as one site, thereby requiring all the properties to abide by the Phase II Stormwater Requirements. Therefore, it is encouraged that the Sediment and Erosion Control Plan be submitted to NYS DEC for permit approval to avoid costly fines. Please feel free to contact our office with any questions regarding the above recommendations at(631)727-2315 x3. Thank you for your time. S. rel . 9 ' •.lly L. 'el and oil Dis I t Tec ' n 00 , ,. + p da _* w^v g�7"`'t 4' ,,� ra .. +;" :j`r;'t,,,,-,-„_-_-4,,- �..,� t �2st' ��i�. a.���,`'-t2. ;P:-. 'w' 1,1 - ..i :a #F.,• , i, ;'',,�',jp.i'✓ ',r.„,:_,,,,,,,-,,,,,,,,,,,,,-.;-„ ay N:,.e ;,x r`V, �R.,- p„•,:.;.-:,...A,"� ,y.V. x v r .,, `4' 3 , i:. Y..- s' � 3 'xr. As :><^Aw.,+,r*:;, , x y,.n ea „�' a,�J gym;. , `v' r, ,., 1t 6,.:•-rx J4.--",,.." 3,-•,. '�., � -k . `v'`' ; L.. ac-1,4Y ,vi" - v w ' rX .a '3.,p' ., < • ,,, ,,,,,p14,24".0..;,,..� , ,4 s ';3 .1 f= �,P, � t',i cy t.*: _ �5+ ,Mak.,-;`.,;,:t8),'3, t s a-g . g O .r.,';'1 .4jrk ,,,� ,. .fi t t .`Z,--: , . s 4, Vis;, - :+*:` "zx4% `''''' .:.. .�,�,,. .,?:k; }t �1 JOHN J. KALAS 995 Glen Court Cutchogue,NY 11935 RECEIVED Telephone: 631.697.5272 MAR 2 3 2006 E-Mail:johnkalas@hotmail.com March 21, 2006 ZONING 30 ® of PPEAL s Town of Southold Zoning Board of Appeals 53095 Main Road PO Box 1179 Southold,NY 11971-0959 Attention: Linda F. Kowalski Re: holas Aliano #5846 (3705 uck Pond Road) Continuatio 1 - : , . i , '• _ in March 30,2005 Dear Zoning Board of Appeals, I am writing to followup/resubmit my earlier e-mail and fax correspondence dated March 1, 2006 objecting to the proposed variances for the above referenced lot. I am the adjoining owner at 995 Glen Court, in Cutchogue. Nick Aliano (the "Developer") apparently plans to build 4 or 5 houses in the immediate vicinity. All of which have been described as having address on Duck Pond Road; but in fact, two of which will have access from the Glen Court Cul-de-Sac. I formally object to the above referenced request for the variances. Namely,variances from the required 100 foot setback for a Long Island Sound bluff; and for a 40 foot setback from the front yard lot line. These variance requests do not pose an unreasonable hardship or feasibility problems and should be denied. The only feasibility issue is that the Developer went ahead and started construction on the lot without the necessary variances; but that issue is self-created. The following points are made in support of this objection. 1. The Developer has a feasible option to build a home on the lot that is closer to Duck Pond Road and away from the bluff. 2. Allowing the Developer the setback variances will result in a driveway being built with Glen Court Cul-de-Sac access (this is one of two homes the Developer plans to build with Glen Court Cul-de-Sac access; notwithstanding that each home has a "Duck Pond" address. a. The driveway and access to this home should be from Duck Pond Road. j • Letter to Zoning L'.,..a d of Appeals March 21, 2006 b. The proposed driveway will harm the character of the Cul-de-Sac and will create unnecessary traffic; contrary to welfare and safety of the residents of the Cul-de-Sac. c. All of the other homes at or near the Cul-de-Sac with driveway access have at least 100 foot frontage on the front line. Putting an adhoc driveway will destroy the character and visual appeal of the immediate neighborhood. Neither of the Aliano homes will have 100 foot frontage. d. Only by granting the variance on the proposed lot,will Mr. Aliano be able to build these homes with driveway access to the Cul-de-Sac. 3. Allowing the bluff setback will affect the character of the bluff line in the immediate neighborhood; including limiting the views of my home as a neighbor. 4. In addition,the addition of a substantial dwelling structure on the proposed lot, will be injurious to public health and safety by increasing the potential of additional stormwater runoff to the erosion and destabilization of the bluff. The Developer does not propose to provide a bulk head or otherwise take measures to prevent erosion and destabilization of the bluff line. This bluff line at that location has suffered significant erosion in the last 20 years we have been living to the adjoining land. We have taken steps to stop this erosion on our portion of the bluff line by building a bulk head and adding vegetation. 5. If for any reason,the Board does not deny the permits outright and considers granting these variance,then at a minimum,the Developer or the Town should conduct a. a traffic safety study, given the driveway access to the cul-de sac will more than double with the Aliano development. b. an erosion and destabilization study regarding the variance related to the bluff line, with specific study of stormwater runoff. Further,these studies should be subject to public review and rebuttal. Very Yo ,5/ John Kal:s ice" • • ♦ Y OFFICE OF ZONING BOARD OF APPEALS Office Location: NFB Building, First Floor, 54375 Main Road at Youngs Avenue Mailing Address: 53095 Main Road, P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net (631) 765-1809 (ext. 5011 during recording) fax (631) 765-9064 TRANSMITTAL SHEET TO: Oak '74f V(' `f3 FROM: DATE: 3 / al-g /2005. 0 RE: 3 I 3 / /06 Agenda (or 4 • ,f$5/6 MESSAGE: ( ) Correspondence or related attached regarding the above for your information, Orsikilt4"-) Thank you. - Pages attached: Z . OFFICE OF ZONING BOARD OF APPEALS Office Location: North Fork Bank Building-First Floor, 54375 Main Road at Youngs Avenue Mailing Address: 53095 Main Road, P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net Email: Linda.Kowalski(a�Town.Southold.ny.us Jayne.Martin(@.Town.Southold.ny.us (631) 765-1809 (ext. 5012 or 5011 during recording) office fax (631) 765-9064 VIA FAX 6'/t-'7 3— c7 MEMO TO: `11- .�4 e / Zed r),VS JOS/ d° a DATE: 5'Yl "a) ( 'e -Leo to /A.23/ O D/ RE: A--nd �d-tz-vtd I , is ' fbtct4. 6V-I&C-t- • ffelA, d d �1 Li-a2 6--&-Lob-/tZt-6-1) OL-‘1,&dl 3/3/0 ta)-Y . 2-1A le/9 6-61-t.o&-"Lct-r-r01 601fiti- etet-62c1 2/2-Vof. /17Lg '141-1(14°' s OFFICE OF ZONING BOARD OF APPEALS Office Location: NFB Building, First Floor, 54375 Main Road at Youngs Avenue Mailing Address: 53095 Main Road, P.O. Box 1179 f,• Southold, NY 11971-0959 http://southoldtown.northfork.net (631) 765-1809 (ext. 5011 during recording) fax (631) 765-9064 TRANSMITTAL SHEET r ¶ J \� `yiAr ‘k° TO: � �p� FROM: J c,A7 11.e DATE: 3 19 /2005 RE: / /05 Agenda (or a J a_,U MESSAGE: ( ) Correspondence or related attached regarding the above for your information, /1L6W-tx) 7A-tt/C. �n/✓J , °6 Thank you. Pages attached: y 'iv-�v�l�lo � 3 3 er i i �Y: Group a osat)j19.,01.Ds) lr art, 3J �b complete Lewd Use Services 6n Nanni tg, and Divitvniventd Erosion & Sediment Control Plan for NICHOLAS ALLIANO PROPERTY Cutchogue, NY February 2006 P.O.Box 5535,Miller Place,New York 11764 Telephone(631)476-0984 — Fax(631)476-6933 OFFICE OF ZONING BOARD OF APPEALS Office Location: NFB Building, First Floor, 54375 Main Road at Youngs Avenue Mailing Address: 53095 Main Road, P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net emails: Linda.Kowalski( ,Town.Southold.ny.us or Jayne.Martin@Town.Southold.ny.us (631) 765-1809 (ext. 5011 during recording) fax (631) 765-9064 TRANSMITTAL SHEET TO: RO JG JD MS LKW ��.�L `��� ._ d )3, a / I FROM: Q4 -�// DATE: ca /40 /2006 (l0 RE: ? / O /06 Agenda (or UPy. )1 .a-.e`er Oiaizeaur MESSAGE: (correspondence or related attached regarding the above for your information, 44-6-W•- 2-z r2 i e-D-15I-t. LeL.&-t / • • Thank you. Pages attached: . MAILING ADDRESS: PLANNING BOARD MEMBERS iio'' P.O. Box 1179 JERILYN B.WOODHOUSE Os -N%QF Ski; 1 . Southold,NY 11971 Chair ALV , OFFICE LOCATION: KENNETH L.EDWARDS * * Town Hall Annex MARTIN H.SIDOR cn ,c 54375 State Route 25 GEORGE D.SOLOMON � pQ �, (cor.Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND O .0 Southold,NY 64' Telephone: 631-76p-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAR 6 2006 To: Town of Southold Zoning Board of Appeals From: Mark Terry, Senior Environmental Planner LWRP Coordinator MAR 6 2006 Date: March 3, 2006 (REVISED) Re: Proposed residence for Nicholas Aliano ZBA#5846 SCTM#1000-83-1-12 The proposal is to construct a single-family dwelling, two wood retaining walls with concrete footings, a proposed driveway and septic system within 100' of the top of bluff line. The following permits were issued for the proposed action: 1. December 28, 2004; New York State Department of Environmental Conservation Tidal Wetland Permit# 1-4738-03391/0001 2. April 20,2005; Town of Southold Board of Trustees Permit# 6113. The proposed action has been reviewed to Chapter 95,Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is INCONSISTENT with the denoted following Policy Standards and therefore is INCONSISTENT with the LWRP. Note that the surveys approved by the New York State Department of Environmental Conservation (DEC), last revised July 19, 2004, and those approved by the Board of Trustees, last revised August 31, 2005 are different. The survey approved by the DEC shows the northwest corner of the residence at 48' from the top of bluff line and the retaining wall 27' from the top of bluff line. Two surveys were submitted to the Zoning Board of Appeals. Survey A(last revised January 18,2006) and Survey B (last revised February 14, 206). Survey A proposes to locate the northwest corner of the residence at 42' from the top of bluff line and 7' of the eastern concrete retaining wall footing seaward of the coastal erosion hazard line. The survey correlates with the Board of Trustees approval. • Survey B (as built), shows the location of the existing footings for the residence at 42' from the top of bluff line and the eastern concrete retaining wall footings 33' from the top of bluff line and outside of the coastal erosion hazard area. Policy Standard 4.1 Minimize losses of human life and structures from flooding and erosion hazards. The following management measures to minimize losses of human life and structures from flooding and erosion hazards are suggested: A. Minimize potential loss and damage by locating development and structures away from flooding and erosion hazards. 1. Avoid development other than water-dependent uses in coastal hazard areas. Locate new development which is not water-dependent as far away from coastal hazard areas as practical. a. No development is permitted in natural protective feature areas, except as specifically allowed under the relevant portions of 6 NYCRR 505.8. b. Avoid hazards by siting structures to maximize the distance from Coastal Erosion Hazard Areas. Aerial photos (attached) indicate that the bluff/cliff on the property is unstable and erosive. This observation is supported in a report authored by William L. Jaeger, P.E., L.S dated January 24,2006. However, it is unclear to what exact area the term "bluff' applies to in the report. The report states: "The bluff is currently unstable with no toe control and some vegetated overburden." The report further states that: "The current bluff instability is unrelated to the construction of the foundation..." Note that,no evaluation of the clearing of the moderate to severe slopes in relation to bluff/cliff/slopes instability and erosion was made in the report. In addition, the report does not address the potential instability of the area down slope of the eastern retaining wall which consists of severe slopes cleared of vegetation. Due to lot size and area of moderate to severe slopes, there is limited ability to site the residential structure to avoid erosion hazards. However, to further Policy 4.1 A,lb it is recommended that the Board evaluate the relocating of the residence foundation to the west to avoid slopes greater than 15% to the greatest extent practical. To further Policy 4.1 and stabilize the bluff areas it is further recommended that: a. The applicant re-vegetate the face of all bluff in conjunction with providing toe protection in the form of gabions or other stone control methods as recommended in the engineering report prepared by William L. Jaeger,P.E, aD( • • L.S. In addition, it is also recommended that vegetative erosion control methods be employed on all bluff/cliff areas with slopes greater than 15%. Policy 5. Protect and improve water quality and supply in the Town of Southold. The property is not served by public water. Water supply is proposed via private well. To further protect ground water quality and conserve water supply to the greatest extent possible it is recommended that the reviewing Boards encourage the following best management practices for landscaping,lawn establishment and maintenance post construction to further the conservation of water and retain water quality: 1. Minimize irrigated/fertilized lawn areas; replace proposed turf areas with indigenous trees and understory. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystem Policy Standards 6.1 Protect and restore ecological quality throughout the Town of Southold. A. Avoid adverse changes to the Long Island Sound and the Peconic Bay ecosystems that would result from impairment of ecological quality as indicated by: 1. Physical loss of ecological components Physical loss is often the most obvious natural resource impairment to identify. It usually results from discrete actions, such as filling or excavating a wetland or clearing an upland forest community prior to development. 2. Degradation of ecological components Degradation occurs as an adverse change in ecological quality, either as a direct loss originating within the resource area or as an indirect loss originating from nearby activities. Degradation usually occurs over a more extended period of time than physical loss and may be indicated by increased siltation, changes in community composition, or evidence of pollution. B. Protect and restore ecological quality by adhering to the following measures. 1. Maintain values associated with natural ecological communities. Each natural ecological community has associated values which contribute to the ecological quality of the Town of Southold. These values should be assessed on a case-by-case basis. 2. Retain and add indigenous plants to maintain and restore values of natural ecological communities. a. Protect existing indigenous plants from loss or disturbance to the extent practical. P3Vo • b. Include use of suitable indigenous plants in the landscaping plans for new development and in redevelopment projects where loss or disturbance of existing indigenous plants could not be prevented during construction. The property has been mostly cleared of vegetation, including areas seaward of the Coastal Erosion Hazard Line. Prior to construction, no clearing limits were established to mitigate and/or stabilize moderate to severe slopes or preserve indigenous vegetation to "the extent practical". Due to the fact that the lot has been mostly cleared of vegetation there is little ability to further Policy 6.1 B, 2a. To comply with a Board of Trustee permit condition and to assist in the stabilization of the steep slopes, a planting plan, dated January 26,2006 has been submitted by the Cramer Consulting Group which includes indigenous plant species. Plants are grouped and located within the retaining walls and below the eastern concrete retaining wall. Slopes will be hydro-seeded with an unspecified grass species. The lawn area is proposed to be planted in sod. The effectiveness and success of the planting plan in furthering Policy 6.1 B,2b cannot be assessed without knowing the percent slope post construction grading and the erosion control methods (if any) that will be employed at the toe of the bluff/cliff. C. Reduce adverse impacts on ecological quality due to development. 1. Reduce adverse effects of existing development. 2. Mitigate impacts of new development. The proposed action will result in a physical loss of a vegetated bluff ecosystem. The ability to reduce adverse impact of development is limited due to the fact that clearing and grading has already occurred on site. The applicant has mitigated some impacts of new development through the placement of haybales and silt fencing during construction. To further Policy 6.2 C.2, the following is recommended: 1. The submittal of a re-vegetation plan proposing high density plantings of indigenous drought tolerant plant species on all slopes greater than 15% to provide more effective slope stabilization and minimize fertilization and irrigation requirements. Policy Standard 6.3 Protect and restore tidal and freshwater wetlands. A. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction. 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. B. Comply with statutory and regulatory requirements of the State's wetland laws. 2. Comply with the regulatory requirements of the Freshwater Wetlands Act for the protection of mapped freshwater wetlands. 3. Comply with the regulatory requirements of the Tidal Wetlands Act for the protection of mapped tidal wetlands including coastal fresh marsh; intertidal marsh; coastal shoals, bars and flats; high marsh or salt meadow; littoral zones; and formerly connected tidal wetlands. Chapter 37 defines a bluff as: "Any bank or cliff with a precipitous or steeply sloped face adjoining a beach or a body of water. The waterward limit of a bluff is the landward limit of its waterward natural protective feature. Where no beach is present, the waterward limit of a bluff is mean low water. The landward limit is twenty-five (25) feet landward of the receding edge or, in those cases where there is no discernible line of active erosion, twenty-five (25) feet landward of the point of inflection on the top of the bluff. The "point of inflection" is that point along the top of the bluff where the trend of the land slope changes to begin its descent to the shoreline." As discussed above,the landward limit of the bluff/cliff is unclear. Therefore, a recommendation regarding the compliance of the proposed action to Chapter 37 cannot be made at this time. Chapter 97 of the Town of Southold Town Code also defines a bluff as: "Any bank or cliff with a precipitous or steeply sloped face adjoining a beach or a body of water. The waterward limit of a bluff is the landward limit of its waterward natural protective feature. Where no beach is present,the waterward limit of a bluff is mean low water. The landward 'limit is twenty-five (25) feet landward of the receding edge or, in those cases where there is no discernible line of active erosion, twenty-five(25) feet landward of the point of inflection on the top of the bluff.The "point of inflection" is that point along the top of the bluff where the trend of the land slope changes to begin its descent to the shoreline." Chapter 97 regulates actions within 100 feet of a Bluff line; the action includes; Bluff line. (1) Residence: 100 feet. (2) Driveway: 100 feet. (3) Sanitary leaching pool(cesspool): 100 feet. (4) Swimming pool and related structures: 100 feet. Pursuant to Chapter 97 of the Town of Southold Town Code, residential structures, sanitary leaching pools and driveways require a minimum 100' setback from the top of bluff line. On the survey approved by the DEC (dated last revised July 19, 2004) and Board of Trustees (dated last revised September 3, 2004, the applicant proposes a 48' setback from the foundation wall (northwest corner) to the top of bluff line. Therefore the proposed action is inconsistent with the Policy 6.3 B3. Due to lot configuration and setback requirement there is limited to no ability to locate the residence or retaining walls to meet the minimum 100' setback and further or meet the Policy 6.3 B3. A5-16 • Policy Standard 9.2. Protect and provide public visual access to coastal lands and waters from public sites and transportation routes where physically practical. A. Avoid loss of existing visual access. 1. Limit physical blockage of existing visual access by development or activities due to the scale, design, location, or type structures. 2. Protect view corridors provided by streets and other public areas leading to the coast. 3. Protect visual access to open space areas associated with natural resources. B. Minimize adverse impact on visual access. 1. Provide for view corridors to the coast in those locations where new structures would block views of the coast from inland public vantage points. 2. Use structural design and building siting techniques to preserve or retain visual access and minimize obstruction of views. 3. Visual access requirements may be reduced where site conditions, including vegetative cover or natural protective features, block potential views. Visual access from Glen Road, a public road,will be impaired as a result of the construction of a residence with an approximate ridge height elevation at 92'35"; based upon a building height from the top of the foundation to the ridge of 37'9". However, the extent of the impairment of visual access caused by the residential structure cannot be accurately assessed without a view shed analysis. Correspondingly, due to lot size,percent of protected natural features and slopes, there is limited ability to meet or further this policy and subpolicies as it relates to this action. Please contact me at(631) 765-1938 if you have any questions regarding the above. to ` ik MAILING ADDRESS: PLANNING BOARD MEMB:..a3 ore• •,•� P.O. Box 1179 JERILYN B.WOODHOUSE �.'///`�'vOF SO(14, Southold, NY 11971 Chair � e \ OFFICE LOCATION: KENNETH L.EDWARDS * * Town Hall Annex MARTIN H.SIDOR 4. N 54375 State Route 25 GEORGE D.SOLOMON (cor. Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND �s COU ��.,1 Southold, NY 01 ' Telephone:_631.76g5-1938 r Faa' `631_765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAR 6 2006 - r To: Town of Southold Zoning Board of Appeals ` • _ From: Mark Terry, Senior Environmental Planner LWRP Coordinator MAR 6 2006 Date: March 3, 2006 (REVISED) Re: Proposed residence for Nicholas Aliano ZBA#5846 SCTM#1000-83-1-12 The proposal is to construct a single-family dwelling, two wood retaining walls with concrete footings, a proposed driveway and septic system within 100' of the top of bluff line. The following permits were issued for the proposed action: 1. December 28, 2004; New York State Department of Environmental Conservation Tidal Wetland Permit# 1-4738-03391/0001 2. April 20, 2005; Town of Southold Board of Trustees Permit# 6113. The proposed action has been reviewed to Chapter 95,Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is INCONSISTENT with the denoted following Policy Standards and therefore is INCONSISTENT with the LWRP. Note that the surveys approved by the New York State Department of Environmental Conservation (DEC), last revised July 19, 2004, and those approved by the Board of Trustees, last revised August 31, 2005 are different. The survey approved by the DEC shows the northwest corner of the residence at 48' from the top of bluff line and the retaining wall 27' from the top of bluff line. Two surveys were submitted to the Zoning Board of Appeals. Survey A (last revised January 18, 2006) and Survey B (last revised February 14, 206). Survey A proposes to locate the northwest corner of the residence at 42' from the top of bluff line and 7' of the eastern concrete retaining wall footing seaward of the coastal erosion hazard line. The survey correlates with the Board of Trustees approval. • • Survey B (as built), shows the location of the existing footings for the residence at 42' from the top of bluff line and the eastern concrete retaining wall footings 33' from the top of bluff line and outside of the coastal erosion hazard area. Policy Standard 4.1 Minimize losses of human life and structures from flooding and erosion hazards. The following management measures to minimize losses of human life and structures from flooding and erosion hazards are suggested: A. Minimize potential loss and damage by locating development and structures away from flooding and erosion hazards. 1. Avoid development other than water-dependent uses in coastal hazard areas. Locate new development which isnot water-dependent as far away from coastal hazard areas as practical. a. No development is permitted in natural protective feature areas, except as specifically allowed under the relevant portions of 6 NYCRR 505.8. b. Avoid hazards by siting structures to maximize the distance from Coastal Erosion Hazard Areas. Aerial photos (attached) indicate that the bluff/cliff on the property is unstable and erosive. This observation is supported in a report authored by William L. Jaeger, P.E.,L.S dated January 24,2006. However, it is unclear to what exact area the term "bluff" applies to in the report. The report states: "The bluff is currently unstable with no toe control and some vegetated overburden." The report further states that: "The current bluff instability is unrelated to the construction of the foundation..." Note that, no evaluation of the clearing of the moderate to severe slopes in relation to bluff/cliff/slopes instability and erosion was made in the report. In addition, the report does not address the potential instability of the area down slope of the eastern retaining wall which consists of severe slopes cleared of vegetation. Due to lot size and area of moderate to severe slopes, there is limited ability to site the residential structure to avoid erosion hazards. However, to further Policy 4.1 A,lb it is recommended that the Board evaluate the relocating of the residence foundation to the west to avoid slopes greater than 15% to the greatest extent practical. To further Policy 4.1 and stabilize the bluff areas it is further recommended that: a. The applicant re-vegetate the face of all bluff in conjunction with providing toe protection in the form of gabions or other stone control methods as recommended in the engineering report prepared by William L. Jaeger, P.E, L.S. In addition,it is also recommended that vegetative erosion control methods be employed on all bluff/cliff areas with slopes greater than 15%. Policy 5. Protect and improve water quality and supply in the Town of Southold. The property is not served by public water. Water supply is proposed via private well. To further protect ground water quality and conserve water supply to the greatest extent possible it is recommended that the reviewing Boards encourage the following best management practices for landscaping,lawn establishment and maintenance post construction to further the conservation of water and retain water quality: 1. Minimize irrigated/fertilized lawn areas; replace proposed turf areas with indigenous trees and understory. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystem Policy Standards 6.1 Protect and restore ecological quality throughout the Town of Southold. A. Avoid adverse changes to the Long Island Sound and the Peconic Bay ecosystems that would result from impairment of ecological quality as indicated by: 1. Physical loss of ecological components Physical loss is often the most obvious natural resource impairment to identify. It usually results from discrete actions, such as filling or excavating a wetland or clearing an upland forest community prior to development. 2. Degradation of ecological components Degradation occurs as an adverse change in ecological quality, either as a direct loss originating within the resource area or as an indirect loss originating from nearby activities. Degradation usually occurs over a more extended period of time than physical loss and may be indicated by increased siltation, changes in community composition, or evidence of pollution. B. Protect and restore ecological quality by adhering to the following measures. 1. Maintain values associated with natural ecological communities. Each natural ecological community has associated values which contribute to the ecological quality of the Town of Southold. These values should be assessed on a case-by-case basis. 2. Retain and add indigenous plants to maintain and restore values of natural ecological communities. a. Protect existing indigenous plants from loss or disturbance to the extent practical. P3� � • • b. Include use of suitable indigenous plants in the landscaping plans for new development and in redevelopment projects where loss or disturbance of existing indigenous plants could not be prevented during construction. The property has been mostly cleared of vegetation,including areas seaward of the Coastal Erosion Hazard Line. Prior to construction, no clearing limits were established to mitigate and/or stabilize moderate to severe slopes or preserve indigenous vegetation to "the extent practical". Due to the fact that the lot has been mostly cleared of vegetation there is little ability to further Policy 6.1 B,2a. To comply with a Board of Trustee permit condition and to assist in the stabilization of the steep slopes, a planting plan, dated January 26, 2006 has been submitted by the Cramer Consulting Group which includes indigenous plant species. Plants are grouped and located within the retaining walls and below the eastern concrete retaining wall. Slopes will be hydro-seeded with an unspecified grass species. The lawn area is proposed to be planted in sod. The effectiveness and success of the planting plan in furthering Policy 6.1 B, 2b cannot be assessed without knowing the percent slope post construction grading and the erosion control methods (if any) that will be employed at the toe of the bluff/cliff. C. Reduce adverse impacts on ecological quality due to development. 1. Reduce adverse effects of existing development. 2. Mitigate impacts of new development. The proposed action will result in a physical loss of a vegetated bluff ecosystem. The ability to reduce adverse impact of development is limited due to the fact that clearing and grading has already occurred on site. The applicant has mitigated some impacts of new development through the placement of haybales and silt fencing during construction. To further Policy 6.2 C.2, the following is recommended: 1. The submittal of a re-vegetation plan proposing high density plantings of indigenous drought tolerant plant species on all slopes greater than 15% to provide more effective slope stabilization and minimize fertilization and irrigation requirements. Policy Standard 6.3 Protect and restore tidal and freshwater wetlands. A. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction. 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. B. Comply with statutory and regulatory requirements of the State's wetland laws. 41. 2. Comply with the regulatory requirements of the Freshwater Wetlands Act for the protection of mapped freshwater wetlands. 3. Comply with the regulatory requirements of the Tidal Wetlands Act for the protection of mapped tidal wetlands including coastal fresh marsh; intertidal marsh; coastal shoals, bars and flats; high marsh or salt meadow; littoral zones; and formerly connected tidal wetlands. Chapter 37 defines a bluff as: "Any bank or cliff with a precipitous or steeply sloped face adjoining a beach or a body of water. The waterward limit of a bluff is the landward limit of its waterward natural protective feature.Where no beach is present, the waterward limit of a bluff is mean low water. The landward limit is twenty-five (25) feet landward of the receding edge or,in those cases where there is no discernible line of active erosion, twenty-five (25) feet landward of the point of inflection on the top of the bluff. The "point of inflection" is that point along the top of the bluff where the trend of the land slope changes to begin its descent to the shoreline." As discussed above,the landward limit of the bluff/cliff is unclear. Therefore, a recommendation regarding the compliance of the proposed action to Chapter 37 cannot be made at this time. Chapter 97 of the Town of Southold Town Code also defines a bluff as: "Any bank or cliff with a precipitous or steeply sloped face adjoining a beach or a body of water. The waterward limit of a bluff is the landward limit of its waterward natural protective feature. Where no beach is present, the waterward limit of a bluff is mean low water. The landward limit is twenty-five (25) feet landward of the receding edge or, in those cases where there is no discernible line of active erosion, twenty-five (25) feet landward of the point of inflection on the top of the bluff. The "point of inflection" is that point along the top of the bluff where the trend of the land slope changes to begin its descent to the shoreline." Chapter 97 regulates actions within 100 feet of a Bluff line; the action includes; Bluff line. (1) Residence: 100 feet. (2) Driveway: 100 feet. (3) Sanitary leaching pool (cesspool): 100 feet. (4) Swimming pool and related structures: 100 feet. Pursuant to Chapter 97 of the Town of Southold Town Code, residential structures, sanitary leaching pools and driveways require a minimum 100' setback from the top of bluff line. On the survey approved by the DEC (dated last revised July 19, 2004) and Board of Trustees (dated last revised September 3, 2004, the applicant proposes a 48' setback from the foundation wall(northwest corner) to the top of bluff line. Therefore the proposed action is inconsistent with the Policy 6.3 B3. Due to lot configuration and setback requirement there is limited to no ability to locate the residence or retaining walls to meet the minimum 100' setback and further or meet the Policy 6.3 B3. P.6-16 t • �SAR 2006 Policy Standard - -- 9.2. Protect and provide public visual access to coastal lands and waters from public sites and transportation routes where physically practical. A. Avoid loss of existing visual access. 1. Limit physical blockage of existing visual access by development or activities due to the scale, design, location, or type structures. 2. Protect view corridors provided by streets and other public areas leading to the coast. 3. Protect visual access to open space areas associated with natural resources. B. Minimize adverse impact on visual access. 1. Provide for view corridors to the coast in those locations where new structures would block views of the coast from inland public vantage points. 2. Use structural design and building siting techniques to preserve or retain visual access and minimize obstruction of views. 3. Visual access requirements may be reduced where site conditions, including vegetative cover or natural protective features, block potential views. Visual access from Glen Road, a public road,will be impaired as a result of the construction of a residence with an approximate ridge height elevation at 92'35"; based upon a building height from the top of the foundation to the ridge of 37'9". However, the extent of the impairment of visual access caused by the residential structure cannot be accurately assessed without a view shed analysis. Correspondingly, due to lot size,percent of protected natural features and slopes, there is limited ability to meet or further this policy and subpolicies as it relates to this action. Please contact me at(631) 765-1938 if you have any questions regarding the above. 4 v�'�'•'..-y.,PS` ] :"2i�6.�-.r. i:b4§i'v: N 'tib; ..�*xYa�jt.."'> 51," gf, Fp.,,.^�...� \ /k i V3\)-' 191'k p, , _.2 yo‘ ` �H r ,' h u X23-5.3,0. ,!,,,.:4.., , $ it,9,...--. ' , # , - ,t cr;a t d 221 c" ;t_ tire'regttrect tear' ai i t 2 i,^ :-' r 5s v, v` i-dted '240_,'1,,i ARCIt,- ` ro '44?kd ,i% �4 ,a i =� °`r =�, I=mo Ears �.; `of s r i TOMAS A d 'limit e " -1 �•,,tom �-- ..-� Y. f �,:. x p1,,,-FsT dry=wRe' *Wei. i-= _'b�'= { -_ ;� l�s��`�a,����.�tiir�otli'streets,•at -- �'�_}- - �*��° i I' _'�`;` r � r�q'> .�.'K- ' tRIf_2,2U06 uest for.a'' nce uir er Section 1.00-, i 10''P'„. ' . 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"""2`^ < u. 5 ,Y :O(h�l?h%I:�•CT�RT� 110-3��-.�3 S'� ��"�. ��s-F_., .,-�;sr�.,-�,��_�`- -_`-,�;a:. ;� �-j+: 6e"ore.thebcbncli sio_r��f��t,• i,�i jL #5$23: r. 4 A I #7746 • STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) .Jean Burgon of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 weeks, successively, commencing on the 16th day of February , 2006 att*-- rincipal Clerk Sworn to before me this day of M/ 2006 I 1 CHRISTINA VOLINSKI NOTARY PUSLIC-STAIE OF NEW YORK NO. 01-V06105050 QUOIffie. In Suffolk COunty Commission Expires February 28, 200F LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MARCH 2, 2006 PUBLIC HEARING 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 ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY, MARCH 2, 2006: 3:10 P.M. NICHOLAS ALIANO #5846. Request for Variances: (1) under Section 100-239.4A(1), based on the Building Inspector's January 5,2006 Notice of Disapproval, concerning a building permit (#31581-Z) issued in error, for a location set back less than the code required 100 feet from the top of the Long Island Sound bluff, and (2) based on the Building Inspector's January 13, 2006 Notice of Disapproval, citing Section 100-244, for a reduced front yard setback for alternative relief with the applicant's suggested new dwelling size and location at less than the required 100 feet from the top of the bluff and less than the required 40 feet from the front yard lot line. Location of Property: 3705 Duck Pond Road, Cutchogue; CTM,83-1-12. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours. If you have questions, please do not hesitate to contact our office (631) 765-1809, or linda.kowalski@town.southold.ny.us. Dated: February 8, 2006. ZONING BOARD OF APPEALS RUTH D. OLIVA, CHAIRWOMAN By Linda Kowalski • .L �a. ,; Q Q 22.14 516-491.-?584 JOHN KALAS PAGE 01 6,A 9,10 (0) „of, • k/Q , JOHN J. KALAS 995 Glen Court Cutchogue,NY 11935 ' Olt E-Mail:johnkalas@hotmail.com * e TELECOPY COVER SHEET To: Linda Kowalski Company: Southold Zoning Board of Appeals Fax No. : Date: Thursday,March 02,2006 Re: 3705 Duck Pond Road Nicholas Aliano#5846 Total Pages Including Cover: 3 Ms.Kowalski, I am faxing you an email of the objection I have on the above referenced variance requests. I am the adjoining property owner but was unable to attend because of the inclement weather. Please notify me of the decision as I want to timely preserve any rights to appeal. 5./..0.1--/-159C-22:14 22:14 516-491-2584 JOHN KALAS PAGE 02 } Page 1 of 2 John Kalas + G � ; .14.44 31.1 ( . iy, From: .Kel • inkalas<lind .k alsktown outl��old y.0 7 are.S nt: Thu y, Mar0 006 .1 M S bJ t: Nicholas Allan46(370 uck Po d Road) Dear Zoning Board of Appeals, Unfortunately, it will be difficult to attend the hearing today because of the snow blizzeard and inclement weather as I work in Melville, New York. In addition, if the hearing goes forth, I would request that the notice requirements be certified to for the hearing; As I heard of the hearing on February 23rd and had plans to be on the west coast on business travel, I had to adjust in order to attempt to attend the hearing today. 1 am not sure if signage was posted and if all affected residents received timely notice. I was hoping to engage and brief a zoning attorney in advance; but was not able to given the short notice period. I am writing to formally object to the above referenced request for a variances. Namely, variances from the required 100 foot setback for a Long Island Sound Bluff; and for a 40 foot setback from the front yard lot line. These variance requests do not pose an unreasonable hardship and should be denied. I am the adjoining owner at 995 Glen Court, in Cutchogue. Nick Aliano (the "Developer") apparently plans to build 4 or 5 houses in the immediate vicinity. All of which have been described as having address on Duck Pond Road; but in fact, two of which will have access from the Glen Court cul de sac. The following points are made in support of this objection. 1. The Developer can build a home on the lot that is closer to Duck Pond Road and away from the bluff. 2. Allowing the Developer the setback variances will result in a driveway being built with Glen Court Cul De Sac access (this is one of two homes the Developer plans to build with Glen Court Cul De Sac access; notwithstanding that each home has a "Duck Pond" address. a. The driveway and access to this home should be from Duck Pond Road. b. The proposed driveway will harm the character of the Cul De Sac and will create unnecessary traffic; contrary to welfare and safety of the residents of the cul de sac. c. Also; all of the other homes at or near the cul de sac, with driveway access have at least 100 foot frontage on the front line. Putting an adhoc driveway will destroy the character and visual appeal of the immediate neighborhood. 3. Allowing the bluff setback will affect the character of the bluff line in the immediate neighborhood; in addition, the Developer does not propose to provide a bulk head or otherwise take measures to prevent erosions of the bluff line. This bluff line at that location has suffered significant erosions in the last 20 years we have been living to the adjoining land. We have taken steps to stop this erosion on our portion of the bluff line by building a bulk head and adding vegetation. 3/2/2006 7 : 01/01/1999 22:14 516-49'1- 584JOHN KALAS PAGE 03 Page 2 of 2 4. if for any reason, the Board considers granting these variance. At a minimum, the Developer or the Town should conduct a. a traffic safety study, b. an erosion study regarding the variance related to the bluff line. Very Truly Yours, John Kalas 995 Glen Court Cutchogue, NY 11935 631-697-5272 3/2/2006 Page 1 of 2 Kowalski, Linda From: John Kalas [johnkalas@hotmail.com] Sent: Thursday, March 02, 2006 6:37 PM To: Kowalski, Linda Subject: Fw• Nicholas Aliano#5846 (3705 Duck Pond Road) This is being re-sent and was faxed. Please confirm receipt. Original Message From: John Kalas To: linda.kowalski@town.southold.ny.us Sent: Thursday, March 02, 2006 1:10 PM Subject: Nicholas Aliano#5846 (3705 Duck Pond Road) Dear Zoning Board of Appeals, Unfortunately, it will be difficult to attend the hearing today because of the snow blizzeard and inclement weather as I work in Melville, New York. In addition, if the hearing goes forth, I would request that the notice requirements be certified to for the hearing; As I heard of the hearing on February 23rd and had plans to be on the west coast on business travel, I had to adjust in order to attempt to attend the hearing today. I am not sure if signage was posted and if all affected residents received timely notice. I was hoping to engage and brief a zoning attorney in advance; but was not able to given the short notice period. I am writing to formally object to the above referenced request for a variances. Namely, variances from the required 100 foot setback for a Long Island Sound Bluff; and for a 40 foot setback from the front yard lot line. These variance requests do not pose an unreasonable hardship and should be denied. I am the adjoining owner at 995 Glen Court, in Cutchogue. Nick Aliano (the"Developer") apparently plans to build 4 or 5 houses in the immediate vicinity. All of which have been described as having address on Duck Pond Road; but in fact, two of which will have access from the Glen Court cul de sac. The following points are made in support of this objection. 1. The Developer can build a home on the lot that is closer to Duck Pond Road and away from the bluff. 2. Allowing the Developer the setback variances will result in a driveway being built with Glen Court Cul De Sac access (this is one of two homes the Developer plans to build with Glen Court Cul De Sac access; notwithstanding that each home has a"Duck Pond" address. a. The driveway and access to this home should be from Duck Pond Road. b. The proposed driveway will harm the character of the Cul De Sac and will create unnecessary traffic; contrary to welfare and safety of the residents of the cul de sac. c. Also; all of the other homes at or near the cul de sac, with driveway access have at least 100 foot frontage on the front line. Putting an adhoc driveway will destroy the character and visual appeal of the immediate neighborhood. 3. Allowing the bluff setback will affect the character of the bluff line in the immediate neighborhood; in addition, the Developer does not propose to provide a bulk head or otherwise take measures to prevent erosions of the bluff line. This bluff line at that location has suffered significant erosions in the last 20 years we have been living to the adjoining land. We have taken steps to stop this erosion on our portion of the bluff line by building a bulk head and adding vegetation. 4. If for any reason, the Board considers granting these variance.At a minimum, the Developer or the Town should conduct a. a traffic safety study, b. an erosion study regarding the variance related to the bluff line. 3/3/06 Page 2 of 2 Very Truly Yours, John Kalas 995 Glen Court Cutchogue, NY 11935 631-697-5272 3/3/06 (, 1 s),,Av4-\ To") NYS Lic:45000011709 "A Long Island Real Estate Appraisal Company" ° limed NYS Certified Licensed Real Estate Appraiser 27 North Country Road•P.O.Box 729 Shoreham,New York 11786 NYS Licensed Real Estate Broker Bs.(631)744-0600 NYS Supreme Court Hearing Officer Fax(631)744-0900 paseco@pasecoappraisers.com March 1, 2006 Nicholas Aliano 970 Route 25A Miller Place,NY 11764 Re: Waterfront Vacant Lot Southold,New York 11971 Deur Mr. Aliano: In accordance with your request, I have physically viewed the above-referenced property/lot for: The purpose of analyzing the subject's current market value parameters with the subject's immediate area. The property rights are analyzed on the basis of a fee simple interest, an inheritable estate: "An absolute fee; a fee without limitation to any particular class of heirs or restrictions, but subject to the limitations of eminent domain, escheat, police power, and taxation. An inheritable estate." Real Estate Appraisal Terminology, Society of Real Estate Appraisal, Revised Edition 1984, page 102. The legal identification of the subject property is: District 1000, Section 83, Block 1, Lots 11 and 12. The property was observed on February 28, 2006 and I have gathered all the data considered necessary to arrive at-the value parameters. 4 . "( � 5". NYS Lic:45000011709 "A Long Island Real Estate Appraisal Company" NYS Certified Licensed Real Estate Appraiser 27 North Country Road^P.O.Box 729 Shoreham,New York 11786 NYS Licensed Real Estate Broker Bs.(631)744-0600 NYS Supreme Court Hearing Officer Fax(631)744-0900 paseco@pasecoappraisers.com The analysis conclusion provided by this appraiser is regarded an an appraisal service and not an appraisal report as set forth by the Uniform Standards of Professional Appraisal Practice (USPAP) and Title XI (and amendments) of the Financial Institutions Reform, Recovery and Reinforcement Act of 1989 (FIRREA). As a result,of my investigation and my analysis of the information gathered, I conclude , the value parameters for the subject property .2 s e, as o arch 1, 2006 , Pase Co., Inc. James W. Pase Sr.. IFA, CRA 4i100( ' 709 E,x1 8':4 /0 • PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971-4616 Tel: (631) 765-4330 Fax: (631) 765-4643 March 1, 2006 V.,,,,;\\T) Southold Town Zoning Board of Appeals Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971 Re: Nicholas Aliano Premises : 3705 Duck Pond Road, Cutchogue, NY SCTM # 1000-83-1-12 Hearing: Thursday, March 2 , 2006 at 3 : 10 pm Dear Ladies/Gentlemen: Enclosed please find the Affidavit of Sign Posting for the above referenced matter. Very truly yours, 710,4„ „ e _ - Patricia C. Moore By: Margaret Rutkowski /mr Enc . 02/28/2006 12:57 6317659064 ZBA PAGE 01 • • ZONING BOARD OF APPEALS TOWN OF SOU I'HOLD:NEW YORK _ X In the Matter of the Application of AFFIDAVIT Nicholas Aliano OF SrON • (Name of Applicants) — POSTING 'Regarding Posting of Sign upon Applicant's Land Identified as 1000- 83 ., 1 _ 12 COUNTY OF SUFFOLK) X STATE OF NEW YORK) C i-f uc lL CTOuresidingat _ New York,being duly sworn,depose and say that: PCS On the 1""/ day of Feb. 2006 s official Poster,with the date of hearing and nature of my application personally noted thereon,secure y'upon my property, located ten(10)feet or closer from the street or right-of-way(driveway entrance)— facing the strut or facing each street or right-of--way entrance;* and that I hereby confirm that the Poster has remained in place for seven days the subject hearing date,which hearing date 2 prior6 to treat date of Tr was shown to be March 2, 2006 ' • ,L (Signature) Sworn to before me this / 7"--day of Febaa*R. ,200 6 ' / MARGARET 0. RUTKOWSKI ply Public) Nlotary Public, State of New York No. 4982528 Qualified in Suffolk Coun missi m �o n Expires June 3 ©o *near the entrance or driveway entrance of my � "--�_ . a9 the area most visible to passersby. i• PATRICIA.. C. MOORE 4.Restricted Delivery? 3.Service Type V 51020 MAIN ROAD a i t 1 (Extra Fee); ? Yes' ' CERTIFI L' I SOUTHOL•D NY 11971: i 1: 1 x. - a l t i ! t ' :) ° • • • I 2.Article Number ! I I 7192 6463 3110 0000- 0409 I COMPLETE'THIS 'SECTION,•ON DELIVERY. A. natur ( see or❑Agent) II I III I I I I I I II III III I II II I I I I I II I I I B. ecelved y: (Please Print Clearly) 1'1.'2,-7.192 6463 3110 0000 0409 i C.Date of Delivery 1 tCY _1.'Article Addressed To: 1 D.Addressee's Address(I/DlAemntFmmAddmssUsedbySende(177; riMFLB- 1 HO R T O N ''-.1465 PINE TREE ROAD CUTCHOGUE NY 11935 ! ISecondary Address/Suite/Apt.I Floor(Please Print Clearly) I - ' 1 Delivery Address `• . City,, o 1'I',,�.Staie- , ,'ZtP,;'4lCode J,'`°i - •F'µ ` UNITED STATE T8C VIVENTY 1.61.1";1;.`„ " „jeagewsq. . _ Postage & Fees Paid 0 0 2 RE: ALIANO ZBA HEARING PATRICIA C. MOORE 8 51020 MAIN ROAD SOUTHOLD NY 11971 "1 0 IIai ii 1111111111111111t11UI I�a�td��11U111adiae{i• H•Iui�etIi�ea•II tI�:o•Bo1'tiei„ti�� PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971-4616 Tel: (631) 765-4330 Fax: (631) 765-4643 February 28, 2006 Southold Town Zoning Board of Appeals Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971 Re : Nicholas Aliano Premises : 3705 Duck Pond Road, Cutchogue, NY SCTM # 1000-83-1-12 Hearing: Thursday, March 2 , 2006 at 3 : 10 pm Dear Ladies/Gentlemen: Enclosed please find a Return Receipt card for the above referenced matter. Very truly yours, • Patricia C. Moore By: Margaret Rutkowski /mr Enc . d 4 • ' ti' MAILING ADDRESS: D1 NNIN��BOARD MEMBEI'..W ��fPi P.O. Box 1179 • \. 7.ERILYN B.WOODHOUSE ���/ �0� S�UTyO Southold,NY 11971Chair 1 Ve) f , l0 ,1144, OFFICE LOCATION: KENNETH L.EDWARDS Town Hall Annex VL) 54375 State Route 25 GEORGE D.SOLOMON GQO (cor.Main Rd. &Youngs Ave.) ,iiptkp ) JOSEPH L.TOWNSEND Ol 'i� Southold, NY , Telephone: 631 7654938 Sb-F)2• Fax: 631 765-3136 2j p0>if PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: Town of Southold Zoning Board of Appeals From: Mark Terry, Senior Environmental Planner LWRP Coordinator Date: February 28, 2006 Re: Proposed residence for Nicholas Aliano —ZBA#5846 SCTM#1000-83-1-12 The proposal is to construct a single-family dwelling, two concrete retaining walls and septic system within 100' of the top of bluff line. The following permits were issued for the proposed action: 1. December 28,2004; New York State Department of Environmental Conservation Tidal Wetland Permit# 1-4738-03391/0001 2. April 20,2005; Town of Southold Board of Trustees Permit# 6113. The proposed action has been reviewed to Chapter 95,Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is INCONSISTENT with the denoted following Policy Standards and therefore is INCONSISTENT with the LWRP. Note that the surveys approved by the New York State Department of Environmental Conservation (DEC), last revised July 19, 2004, and Board of Trustees (last revised September 16, 2004) and those submitted to the Town of Southold Zoning Board of Appeals are different. The survey submitted to the DEC and Board of Trustees shows the northwest corner of the residence at 48' from the top of bluff line. Two surveys were submitted to the Zoning Board of Appeals. Survey A (last revised January 18, 2006) proposes to locate the northwest corner of the residence at 42' from the top of bluff line. Survey B (last revised February 14,2006) proposes to relocate the residence 50' from the top of bluff line and re-orient the residence. - I , yard lot line;:at 190-Gillette Drive,-East .z.,,.f, illOPW:#5858.Request'for a Lot ' `' ),1 , „-- Marion;-CTIVF38-2-2. "A 7,under Section 100-26 to un- ---•: -:,--, A.M.9:55 A - CHERYL FELD and 'inergeland(with a'garage)-identiftedls 1 lo 12j43r C) )p -JON MARGOL,I05875._Resneg._.for CtM-10064126,•811.9w,4k1.1*9-squae -- a,Vari_alleel,un,der ec Q ,0, ; -, -feet, the adjacent improved Ian - - ' "r-ill"n--4-0 23 based- --- - 6i-teZdil -' '--: ` land OSS Cr\1,1Q_ onithe..;,..134.;4fig;Inspector's March 19, ' (with a house)identified as,CTM. t'26-0-0-Kitiee:-"iif 'Disapproval concern- 12t)-g-20'ivith13-55i atinare feet'liaiedk:-?-, i ,.".-1 ',,:::,,,-- _. ,%i• • • .- -• ,- , -'-,- - 4iigi.4-,MTinin;:g pool Proposed in a-yard . ;on,the Building Inspector s October 11,;;=,. ,',A- at l'otheF,thWthe`._Tcodefrequired-rear yard "zgo Notice of Disapproval-deternniri,„ a1300:iiiiiiiirkaa';,.„SOnthOld;-:trim,54:., :',blithe properties are pursuant A I/ f ., 048:10P-W1415',:gflih„:1A;treti:40;P.1,316Ac;ii. 1.065..Location of Prop itr:boxiKol*'4i4:;kgyesItS-kvtE,- -.'ei-6,%:,-7 West side of Wells Road 01.605t, ,-.; '-'=,,,v;.-- f.....•,,,,..., ';Ntk.#5865' .•Re4fiegt''''oitirglagt9lyLitOtu"q, oiltapilpg-,25 421 square feet 1.71-der Section 160-23974M6=242X(W4Wf,tailneried.,2orie District-R-40 Lowm,.,,, -,,e, .1:i, .z.,,.._ Interpretation No.,'5039):,,and!'1D 244 _ , ,,•-, ..Y.liA§:iiI)ii,the Bt4ding.iniPeCt6t7ii.40-Z-012‘:00,,:**T.W,ciy GLENN. W. '1E'aiic.S.,i:.!03 2005$otikLopp,isii_4:t4g:•---.:A=„'000:00,1‹,..00.113:11.-#6.#:-;f9f;&A,irea ':-..C.4aeriliiigi5piti150:g:C'Atikoh§,-..-ii:ijiw-Awatiog:,,04,4,yotip.b.12';'113ase'd alterations Ofthe 4#5..,..,*::i4iiiqig;.,4k:S-2:e.ir4Ilt'P.,,,4111 *Ii.'-'7,,s4F4°,5.:itOjirtiarY less than ite0:4,i,, ,iy(ilarii4*-dv-t,i?,,,,o'gporgyti„--,-Jcif,p,#a#1-4::9,..,,,v,*:erld- A less than 35 feet1(011';-#.46-4q*,v4,4-1,,qtolg(99:6100tfik4RF9-p6iqc,, le:Sathan35fefromitlikZfri;istie,l§Slin0„,,,*div,sloti-f9foci,:,,,ilkyo,k,-,9,4zipt s4es„,,,,,, and less than 75 leil iroiif.tlieLlinlViedd.;'Nf7iqiil,tin04,4,4cO:iiconfo'iming_lot size Location;of Property:'2956 Miiiiiehahai.:4:ii6,60,41.-04:*(0,,vito-lo,,o0o sqnare_:::. Bonleyard;Sputhold;'c*p7 ,42:',-':- feet(and area for 465,4!,', 10 .5,,A,*„-BIEr:.,,ASSOCIATES` ,'Location.**.dPerti:'East go Road ,and,.OkS,TONzgRIBI.,* W5, 5. .1,0,n- ,(at ti8ci-41aild-Sppit);:Fishert,,Island;i', 'fiiineililie:arinif,.ko43136/06);,-,kijOperty- ,.,ctM.4-7-t 4nciiT,' Tilafigiii(1315.-waioeiihdow37 ,Itiist!-!91,f tiatillw'gall it KENNEDY • -,-.* M 88=5; 8.',"'•-"-ri'Y: -'4,-.-!-'-(A‘=-:-: .-!a-1:',-War1W.V6ka;-,!'(ii:XpdigtAkr--;;-', 1.00-,,`A..4.'',-J0011'rOffAP , Ntigli,,, i/zlikiyei#7:000.,11.614-ust foi, 46 857:1Request for a-Va`.nari'ae;:linder a:VarialeetiiicieeSg4fon 100.32,based .-- geli7O1,11-60:337 6sigiTalgg'13-paiiii..7! Viitertill iinIfie-CtPi febIlialg'22:"" • 4TAV94T-41-11,1,474..3,1-39Plg,?,0%fg,k.I g.,-,40Pt1144,,AP,4,1t#ivit--e:0#94114-f_ Disapproval concerning rIleiVii01391-0P0AthitAtI4411A4(,§;($.:#0, i ., iiiib,10P60-liCyaiti"oth'ef:thiii!'Ihr-7-1khictfOgialOWlin-egeiniiiirridies`, ' ' ,,,,.. ,_54,,,,.,„ .'"1,,,,,,.,°11c,,4E-.A,..f:_,_'f ,--%1'.:01:- reciuirecil rear yard,at2700Airoiyhead•:---,ript:oftwaYiless,than,75,feet ficiin the 0!)6,‘4Liti '!•, !?-4.,IYIT:0",,,VA,'4,,IPIP-IL',:t11;*.i-- Lane;SOuthold;-01111000-98-2i20:1: code-required rear yard line,premises• ', 011_ ,c?BOARD, iOF,APPEALSA7:4;,Q (7-7-10-:46'-li*:''=";11:411E7A1;:g-AMR--,:;#6.jaaelc,IiiiiiliTc*E4iieiliiiii Aiiiiire, 7'''0:44S4„,x, PAli_2*01#1040.441, bLi.,,,it587k.:1Z'ci'ii4i-le.--va'riiiilir','4,+.'iihdii1§16V:'0:,tiay,.iiailior Lot#2;',' Wigth.40-0,Thidk-V1,,P.:-.: .'..1.,-x --$-, .,-qtql..5',..,_ -,,:,,,.- ',,4' •. J.3-, .,2... , ,.. ! B..,,, .. Pi:14§",,tt,,-;•,%.,,e.,:el,..,,,,,,,,,„., -)A.,:t(413 under Section‘100,*,4,1?aledvn..tjae F,Minor Subdivision Map Frances ig, ,74,1, ,valp,IT,0\goiy.,ELApb13.,ki j BuiklineT*pedoe4ei#iiitSi47,4,010;-,-..::*atiseli..kiia-,iiihers,-filed 8711/94-as Mari: 1,s4,rrit;-*-;.0‘13.$0;12F4tgitgi,ifown r4,7.yi3.:, 'i,Notice of Disapproyal*neerni3O.PrO-,rIrlisl:P5-4.7.44-:,04„_ ,g-§I'22•1• :a.,i,!c1;i0);49.,:t*Iiidj.(43iii-p,A),„F„,.04ikt;.11.tt,i, 1;posed additions to the existing dwelling :ir- 1 -,:20fifj:M..,4i-tiNICHOLAS AiLIANO, Tclils,.)g;SPIt0-90,1,hi011°M.ng,i3e1)4c.`,, !with (a)building-i_e_tbaClii`4teliiah-:-.'4,=#584'stdti'fitifiu&dte4ilh:g from 3/30/06j hearing ivillqi:ec,fitid-,6yftwou*,i,1 10-feetToIS:§lii0eige:Ofdfjeji;tfialii25:::; -4i-Vp-eff,YOC:atiOnicAreie Side of Duck PLD TOyyNZQN01:9-490pro.,-;i:!fief Ott,aairgricio.:vitii*eqaticifec0,7*- ,1.'::Niii:120,4464_4"iide'4dleiiirebiuji,,, APPEALS at the'79:04:Ifall:t.,3-3044.-i 1 15:00f fq;*tifif,:iiiirct;;(13)40-c6a6.iik ,,,,:ciiteh*gpri4:410,.. -,';- ,r.'..., Sii4i17-ziOir;:lib:?.)361:1.16 ,Southold f.--1 8ZWeitiOiVieLO-d241,-4i:$,Ii.42,i),Ppat , :-f,:;41:1)4.,V,Ni:r:':,4f;k"pi*Oi.„-'!*:,(1kligii.r all :.NAv-"itit Ii19-11.,09 ,'''Oi-i',IiTIlltsloqiik;1-'.denefOr' figkiiiiijini*o;'f(iitiOf of 4-0-.0:401?iV:itrOji7t9,11re§PbtAii-Yes:-.'ae*i APRIL-21;264P3:2P7-1-!`)'414j401-u-'''''':'7-'''i 1,ft..01*ievim3ggi---011149:45146 East -;,.igg-,(66,444idaa*Viirial'"aiiiXor= 9151,km,FsAto--se,ipi*iew77ii i Ktari4",,COV I: 3X443 ,1;;K-M3:50,,.;,;,,.3 '-`4f6itiriirg;*towiiiritten,44tenients; 4e,Angt4:41-*VarikileYinideilgeCtA.4%1 `4 i1i-05.,,-:Yt.,\e.***tcptfpe:#,5,86,0-,4 il'i.b--efafe*ks*Iiiii's3ii:WriiMheatink.', !100d0k7:11''*il-(ttiiii6iiii8e,4iiOiit':No-2:' f 44.0,0(or!;- .0.14cro,*-gdr*,444,di :-44:0$46-ig*Aisggiifve.atjf4t--Aani 3039)and 100-2:44,-based wiiiiilliiiid,;:j,i,roo‘.:=3;ix4;(5-;:'t5-0-taf,on the :t9-00t4-4%6'6i,:0;00,*ik-foitogi$r, Notice I i--rnkFeetZtr*Wfiya,!3'0,-7.0k,Notice of . --`1: Vi !"ciViigiIi8Aplpr.VAR*:hours'.:If Disapproval concerningremovalOfth&,!: -:',Disapproval,,;amended lifikPiff-1006:- _rytiu-hq, ciii`esti6n;-,./400-iicis'ncii',11.e..;i::, first floor dwelliiiitlinr.1 1 coriCeifiiii-k; : '.commerciall:,:airieitlinfari- r-.tate to`eiiiita;O:O:iir'offiCe'(631)7-04809,'I ;reconstruction: The receilt7,fiigt:fiii'OPI_.1 gre6iiiia:gei-iir aioditiiiiiidt*.thatg5i 'zoilnicakowaiSki@tkfilOnthold.nyais.', TreVongtifileti6-6.*4EfoninlAci436 beyond TeetatoiRthe Tearjloi.iluie;3.40 than 20 Dated:April 10,2006., J,' ithesetie;of-41ielbliildinkxPerniit de:''s i feet op a-single siik-,y0-4A4,4...epeci, , " V ZONING BOARD OF APPEALS', elirnitatio -tp,percept lot f- ---„ItI.,71:1l?„.:_Q.LIyA,„ A.IRWOMANi ' liquested-afiniantedkin%tia-.9;'2605;;..-tiRgt119.,:,A94 (31715 Z) and variance requested and ',49,M',$ep",',.0,0*;:-.,(A4,FT,F,i,wp-slie:4-1,01,I 1,=,, " .-:-?2..?...-.-:::' ..f,';J;137r#c.cc,,rop„lki, . 57:--iik,l,i-C,W;41-8'^ta/k/a,IiifiddIeltoadi-oeNortli'. 1. 7832:1T'4/13',. :- - -,,,,,,',..,4):',,,,,-..3re-•‘=e-Z-..',. granted undet",rAppeal,sW0167 _1-co - 1•.• _ . , . '' _.,-,'"...,,..: ' --- -- s ' -- "--"- iiink'i,s'ddoh'cgsldik:acfditioiPoikth ,,i,i 19.:c1),P_,_e'el:i#iPt:E842',6 ,i4.,,-?,k2,;,;',.:5,;7,,s,'::(4,1 1,eUs'-tin—eftrs-019,-'-or,failleisthaii. 4,Offeet:1_,t ,149Am,12,13ANIE,,J,F1.4wS.,,C:BE,„ R4,5480,,,,,,, 1-6611.111-.,Pj,f04Yalailne-4aqViitiids5d, 1 Request for (14.74006.A4AS1',F% ifat,_iiviiiiii i -gryiiiiP, rtfitti'9jhbclq-v4ii?Th 4.$tioits40002.tindil0c1g2Whaltor!oo , ' , • - `' ; 'of-Property e.--fy:P._,t,,,`d,,p),,_,p,-Et,-.t..v,: pe-.. p-.';5;NOIN,.-•ida5•,.a.,4...,'4-A.174.•<-,idl,-f'7,-i-iue--,, ..412r4,aN' 1,&-. klr,a-r.7grA''ei-,t,-- r,i-ir3-AY1,7„..14r„,6M'';,, h5,-'.i,•b.v.1P-.---2-rAs-: 60M-ni.*4I 4 Id&Oiaik3ii,iftii* §ici6q9145C‘;1MPI44'4Nt09#TAZO cFM17!6-15kitt44l0egrltarAt9iteekina 44t.Ap44AQS70Inc)1.0vip, iea.oraeil than,469DO: iag.iedi. meiAobgs804-kiostArii-X4* eTLs0?345%2.)19t9?%dasM?.e11 ftse301410#Qn,100:0%bOse09A, keless Buidng I*YeetOr7i:kbuaiY:?3;20fita046ri, DosQl,4611fa-li!300 - - -" r • , vanR6adOutel5),andNderFam,,..txfii.k,,n.9YP ‘. i,te -- ,- , 1 ?_Lane, -'•-l'i” i ,a,q-,713„0.iltf4fpOnz_Iii;e4,naideteAlanfaeces,-., 1.;e-'ni,- M‘,.:10*.,,ar.d_I2IA,..C, V),E1iNE63w44ii104itrydttfvaadrvree0ir4 , 1TSk-454ua.pequesi Or a-var7sh0_1be400445maAcqe,cpcTyzaite,yi*sowpi . .- ,196: 4i;', Wari 51.4_71,1ASTRIN,-__1,49,94tedlWalle.Slikv•e in- ,-, ..,i,,,,v ,, -,, a,,,40 A4.1 , tqpretation-, o.-5039).art -10,- , of the most Eastern rear.extension of the l'i based oYillie:BoildiiienSPeabi:'§Nierbsk, _ _. L.„ _ • -!,,;'.f.'house)"," 16?-i-,-9,--47T-%.,0-• i,0,-,•31,-V----99--1r-4f.-F,; rS2-00-6""Ns?, ti'g:e,'-l-,-,ir:i.l,.i.,a.l`'fir.o;kaiyi,'zconcern AVelirei'potiiolgcan56;1=2:7•2tiFP9titiiilitoEli-histji--.g§45AvlRALPifAtekCt1single zfntlydwellingYiclPc199S_NpFo4t118Kle49est:citixyarheV44Sebehe'lOndrediin4%ienanCeunIel'§e6tIonSio0;36g:3;5is46Ibcitedzit-leis'kan , 'r the reginied--46- ,theRuilding-InspectOr.s November 14,,,, -ieefii.am.the front yard lot roci, - 26cis:-Ni;;i16k:4-35fi'pp)fairtc8i,6,eriiin-g',#. fiik,A'f,,A,41-EvVol,-;.'-oitivartiv;70? 17021?°s0add#1*.MYkte'T.409,1M,;::'i'..6.i,, il-li-Oill1eVOLilii.,z14, T:•;:.;?Ft!,‘„Y„ Zifftiiieeth:44'tfie•SFeii4ing:1,6*elikk?aikiii •i'-,.L.!V:f•':f5'-p'ge;toggy'iWki3874it2Ye1 .4, --, .. , ,..-,n,...,,,...,.. 4-. detached ef:_tpara"geile,51411,R,R,T;?!..13.11nciP,Nr2i fAtiest for aikiaY *.Videll.,se'dtion 4qui',,t T.,tig,14._:m4#1thWtp*pic;41c. i.!=lp:a0, :..,?r.,ici?r'?-4gea;:-dif,!*aiiikvrf-ige4,-b.vk:! if4'93eskq:OirL45--.Yck604°,*:-ftlif,iy#,4;ftigEeritber 29;2005 Notice'-of Disiapt-: lot line -4,Veffier4S4itliOlk;...?7'proVili..ConCerifini.,-;PrOPOsediciaiiOn'i," PTA--$6;i'a0-',c,':':•35-t'j'1,6PSI,R;:',',$4-!,,iiiiitAiiiirdi;ibithe'eiiigtineifiQifiik 950 AM -L,-ri•iti4ji:*,,d4,,,**,,i''.,f A-,:t'i4"h-II,i16,16:6Ta.'il'iiigi-s,i-f4-Ni4 Request4...siiii.4l ;.=-Er47,,-"'• -: a ,'$',.--' lif,iV"-',:iiiIkzeiftotal,'side-,..='-7--diSer . i.9,-Iii.-:•,1.!,,. .,Variance.,,41..4,7,...'19..-',,, R-)...,-,VN ) 9,?. . YM ' .cti,1577-.199i244;Y606,4!;00),gggiftWq ..,;IPAs:WainiCPt PI:6.41,101P)frOvntl-91=49-a Inspector -6-dfAreir 6,ibb5--Stoiic .oll ,A'IfidlolifhfeetinaTiirviiie:fiiiikheid _ piaapproial,,i,conediinnts,prOpp-je,d,ad-q 11..,osela„tioli;o4FrOperty,:mp,:origeilio#4 ,ditioris to the w4tirig"riwellidg,with set-,; ,`;IfilciiIIP.I'lra*titIfola;p-t34,ra'*):f-0::,:A:?.., thiaaii'at,leSi than-35 feet from the front IA i,',-,',•1',5,0P.fg:,',;2D.i-pi-131,,Al4;i:04,10ENT:01.'.; 4 ' - #7797 STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) Jean Burgon of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 weeks, successively, commencing on the 23rd day of March , 2006 Principal Clerk Sworn to before me this d'6 day of 2006 (1.) ON,DiK1 CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK No. 01-V06105050 Qualified In Suffolk County. Commission Expires February 28, 2C P NÜTkiLUF LA = TNG The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: FAME : ALIANO , N . #5846 MAP # : 83- 1 - 12 APPEAL : Setback Variance(s) FEQUEST: New Dwelling DATE : THURS . , MAR. 2 , 3 : 10 PM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM . 'ONING BOARD -TOWN OF SOUTHOLD 765- 1809 ol4/ Jro ZONING BOARD OF APPEALS 1,?- l TOWN OF SOUTHOLD: NEW YORK i� x In the Matter of the Application of AFFIDAVIT NICHOLAS ALIANO OF (Name of Applicant) MAILINGS CTM Parcel #1000-83-1-12 x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, BETSY PERKINS, residing at Mattituck, New York, being duly sworn, depose and say that: On the 17th day of February, 2006, I personally mailed at the United States Post Office in Southold, 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. h • - I (Signature) BETSY PE- - S Sworn to before me this 17 T N day of February, 2006 (Noitary Public] MARGARET C. RUTKOWSKI Notary Public,State of New York No. 4982528 Qualified in Suffolk County Commission Expires June 3,�.o7 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. r LEGAL NOTICES 'chard 0tre`et"7lrienh CPM•25=3=41 i, 1050AM.:S E,re ARMINBKLEIN. V Vk tt,,r, :#5853. Re9410s'i after wt hdra)ving�P.� 'i- .` LEGA ,,,- CE"`S ,ka 4,:,1-.�;I;ea1W b'S7p i.6.-'a Ryan ce Sinner k.-Y,2) r 3- -. SOiITII IWN1 Se'chon UO-231;,based,oq Btuldtng �, �, ' : = + "Inspec`'-s^` u s-t`'15;2005,No ee of i:ZONING BOARD OFAET�EALS,' +..,_ a>tc 1 itue i y I ,`tiLURSDAY,; CII;30,i,i'.,`;r D»sroliaJ al�conce�pmgca-request for• ADDITIONAL ra7rg'^t+ appcoSpl?oftfe`oce�jstiycttuea%tl?t; t11� PUBLIC HEARINGS- exceed the Code;limitation,of,€our feet, _�;--', 4-,;�-,Alred located,,�)�}}n�:or alpng-ayfrOnt,yard,r•1 OTICE IS HEREBY-GIVEN,puu,t.."af„l4p bu�tl,AW Ytue and�5d`dridi`RSad tR --suant to Section 267_of th`e,Town Lawe,.i' n"oi-t;;(^',I'!1{=33 5.27,tf.Th '+ `and Chapter 100(Zoiung)`Codeof-the: _y00:PM:'''ORIENT TIRE-DIS• Town of,Southold,the,followin ublic,. s. will eldtib QU TRICP^end' CQ7GIII5t1t2/hO ttul ,t arh i, ', W Yf tiie SQUT14.4 y,'• r_. t0•*'.; , ;OLD+`,TOWN•ZONING-B0 O , IZOt ?yVIItELE3,,z1 q�Callon,off," ARD °$ ')'roe f oital ki-Olouse' arse >S P-PEALSS;at,lli 'I•own 5iall, Po.4 r , I; e� 5309,5; j; 3�r• epi, 0i.., '_ Alain'iRoatl•-PO"Bo +ll79,`S at4.Itoad f.ClIv1:`18`S'+L 1`;�$NewYori'11 ' .f-9#5 I iitIEN ,�FIRiI. `S I :`i , t _ 97L=09S�9,ohTHURSDAY„- t�A'�``=r-',� MARCH 30t T2Up6;lir. 4=3:. •s#siert s f r' S eei2'-*ce 15'I'R ail ' + 9.30 A:Ivlr;,il' a Y" "'l- .He de`sts�.`.fhuc cera('€ zce'honaaiidr ItLC`ROULB:AUfand::1 4. .- P.,,,Ti -:j1 S:CARDV1,EL` #3852:=Request.-.•iMiIhpeCiO ce.based0roli,th" tteFa-'�s'i fora Van r-e. tog Inspecton'sjMar'ch g,_ 6, otieeiof auc"e under Section;100=30 ,y i, .� ''based 6iZ idi.g,tl`n"spbtsapp oar]'a,%;e Atii�ig'thae"4,'rrevised'locca"tio n`of,+tri la`'erid`eii-PebruaotiOh ;conce"rum':' teleconnnnnicattons''tower'=/(P,lease-�'] eran,appicahorf fol;alterattohsstoa uoyg i�3/3]/05paflci Biulding,ap raiii's`2p312t5''-' -habitable attic.Tlie reason stated m'de-, •• "' n tlte,bi 1din a tt `ctor'f r den mg.ttle oee; h din j S,'�S _ StP emit tspplicapealpsj,m- xa Oel y, ,,,•• aT ,I�m ct Oa fell co""'coon bq"ve "4t$e,s_'j is,thaE S c ppl0 62A 3 n to tis,that is - a stead-of,the,al,v, ac ids - lowable Z-1/2'stpry•Ieodelimitattod••coi Bless e plan iUou fajcility„uispb y. - ?catid o t'r`o err ,' lereto site planja ro4aland'mtist rit R p 9 0105.Peconic':ane,,C s'•---*' eqi FEtz,• ecdmc;_Mil'1-000,74j4161' T 2A 1'co fo mcatig',r rfa»cuieeianis.Wireliii:; =9.35 AM IE u,c umcatsicatto7v Ffa1ha1t':equi-elpeOlal 7LJ1 ANNE FFPiER12' ,4:0r"-••a•._rs P.-P,:`r, ,'(5845 yRe'questrfor;a iV riga e"undert 'exc pti•i appyvera�sharsuant t,re,spscial+ Sections 100 242 iia'100=244;,ti exceand s'ha 11 noval. ursuaithef this ar; '-a 4.,',I.,ritclean.,s'hallndtpro.,---ighet' ",-,`'-- 200b'once ,Ii spectorr-'ts,`gnuaryj10°'t}v"feerabove'the average;height-tof}build=e;' a 4 • Pp ,('rmgs,yvttfiii Oi,eef'of`ti c "?` .'_' 'fog a,requestito build'additigns:r T7ie+; Pr S8o5� € ,L tf53crft iy._,s; • '1 a'sona stalest for-denying,t$ apphca,�0i;` ' 2(i CI Ess,,R/NEXTEiJy =,_ ;hoi-r�'�.is"tliat`fhe,now-Lcops�tru hon'-will,`„',i�,': �N'. 0 at(orn ySldde t,:s'2 23- I,..__•. . ,, t,-�,,�, as.reque ede.bG<nrforneys=�le`itei,`2�3�` °mcfease•thecdeggQelofnoncotiformance::p,,T.om,gdiat,'ti2nrI':foi',QFDiarien'ded. when loctted"less•than 40 feef from"the'" 'front lot and less than 15 feet from the -tower io'n uncle Request"for"Spenal "side lot'line,at 305-Mill Creek4Dn'_ve,�',1`,'Eilibe"iidip e'e(tel storm uhic tl for;t'' Southold,'CTM 135-3-28 2 public sllity�tts`e�'(Celeconitntinications antennas);on anew tower'nroposed to' 9:40 A M.;iRICHARD+and ICATH=T1 el s r ter]kvi . r z F, • 'ERINE LOCKE jlS, S6 i Request for,a be coi,orLthed tett'an atfiree eP_art-'' i.=mentis t lecotmmUnica ion's (flagpole); i ap ql), Vatianceundeif§ecYrdn;100-33,concern- -merit's [ClecommtinicaUon's (fla qle ;mg a reque`st,to loeate�a swimmnig pool••., tower;as aineade3PMar'cTt'S,2b06;ia$d'is din a front yard istead of.,(lie,codere-;� ,quiredrear yard;at1145HillcrestDave,i'r' iuctfedi-acces$ory�egmpment'shel-tt 'Orient;'CTM 1000-13-2-8.9. ter structure(s). , 955 A M. JOHN and MARION 2'30 PM' NICHOLAS`ALIANO �, #5846(Continued,from )undeder-Seel,e RANDy0Ibc;#5851:;1%R uest-foiJol: , i ALIANO MAILING LIST 1000-83-1-12 3705 DUCK POND ROAD RECEIPT 7192 6463 3110 0000 0232 FROM Patricia C Moore RE ALIANO ZBA HEARING JERRY CALLIS AND OTHERS 185 WHISTLER ROAD MANHASSET NY 11030 i SEND RYOCALLIS AND OTHERS -__, SCTM: 1000-83-1-10 185 WHISTLER ROAD r� MANHASSET NY 11030 I RECEIPT 1 7192 6463 3110 0000 0249 FEES 1I FROM NICHOLAS ALIANO Postage c .185 PatriciaE C Moore Certified Fee 2 40 RE ALIANO ZBA HEARING Restn 1 85 970 ROUTE 25A 7 J4/ ROCKY POINT NY 11764 r OSTM K OR E~ { SEND TO SCTM: 100083-1-1 1t'', I NICHOLAS ALIANO ® I 970 ROUTE 25A J ROCKY POINT NY 11764 o� j DEBORAH HORTON dos FEES 1465 PINE TREE ROAD Postage , Certified Fee 240 CUTCHOGUE NY 11935 Return Receipt 185 Restricted • I SCTM: 1000-81-1-3 T ; Lj 977 64 1 �P.STM `VO' A j ALEXANDROS DEMETRIDES �`�� � i� 213 W. 28TH STREET Y __14:' __ NEW YORK NY 10001 r-- ---- --------- SCTM: 1000-83-2-1 I RECEIPT I RECEIPT 1 7192 6463 3110 0000 0409 7192 6463 3110 0000 0256 I FROM FROM. Patricia C Moore I Patricia C Moore 1 RE ALIANO ZBA HEARING RE ALIANO ZBA HEARING I 11 ISEND TO SEND TO I DEBORAH HORTON ALEXANDROS DEMETRIDES I 1465 PINE TREE ROAD 1 213 W 28TH STREET CUTCHOGUE NY 11935 NEW YORK NY 10001 1 ----I FEES I FEES. Postage I ^(f9-5 .8.29' I Postage i LE3 X8'9/ Certified Fee 2 40 Certified Fee �2 40 Return Receipt.... 1 85 I Return Recei t 1 85 Res ��i 9f 4 i Tr Re tn 1I.9,' POSTMARKWOR D• E �9 STMAft,, OR DA1 E i al s= _� _____J PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 c - - , Tel: (631)765-4330 Fax: (631)765-4643 February 17, 2006 CERTIFIED MAIL RETURN RECEIPT REQUESTED RE: NICHOLAS ALIANO PROPERTY ADDRESS: 3705 DUCK POND ROAD, CUTCHOGUE SCTM: 1000-83-1-12 Dear Neighbor: I represent Nicholas Aliano with regard to its property located at 3705 Duck Pond Road, Cutchogue . He has submitted a request for a variance for a location set back less than the code required 100 feet from the top of the Long Island Sound bluff (see survey number 1) . He has also submitted a request for a variance for a reduced front yard set back for alternative relief with the applicant' s suggested new dwelling size and location at less than the required 100 feet from the top of the bluff and less than the required 40 feet from the front yard lot line (see survey number 2) A copy of the legal Notice is enclosed together with the above referenced surveys . The detailed plans are available for your review at the Southold Town Zoning Board of Appeals office. The hearing on this matter has been scheduled for THURSDAY, MARCH 2, 2006 AT 3 : 10 P.M. at Southold Town Hall. If you have any questions, or you wish to support this application, please do not hesitate to contact me . Very truly yours, Patricia C. Moore PCM/bp enols . • ' LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MARCH 2,2006 PUBLIC HEARING 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 ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY, MARCH 2,2006: 3:10 P.M. NICHOLAS ALIANO #5846. Request for Variances: (1) under Section 100-239.4A(1), based on the Building Inspector's January 5, 2006 Notice of Disapproval, concerning a building permit (#31581-Z) issued in error, for a location set back less than the code required 100 feet from the top of the Long Island Sound bluff, and (2) based on the Building Inspector's January 13, 2006 Notice of Disapproval, citing Section 100-244, for a reduced front yard setback for alternative relief with the applicant's suggested new dwelling size and location at less than the required 100 feet from the top of the bluff and less than the required 40 feet from the front yard lot line. Location of Property: 3705 Duck Pond Road, Cutchogue; CTM 83-1-12. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours. If you have questions, please do not hesitate to contact our office (631) 765-1809, or linda.kowalski@town.southold.ny.us. Dated: February 8,2006. ZONING BOARD OF APPEALS RUTH D. OLIVA, CHAIRWOMAN By Linda Kowalski ANY ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLA710. .177'27='''' ( :TION 72090F THE NEW YORK STATE EDUCATION LAW I r AS PER SECTION 7209-SUBDIVISION 2. ALL CERTIFICA ' S ' I ___, V ARE VALID FOR THIS MAP AND COPIES THEREOF ONL SURVEY Or PROPER Y 4+ SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SUI WHOSE SIGNATURE APPEARS HEREON A T CUTC HOC)UE LOT NUMBERS REFER TO "MAP OF VISTA BLUFF" TOWN OF SOUTHOLD IN THE SUFFOLK COUNTY CLERK'S OFFICE ON MAI SUFFOLK COUNTY, NY 15, 1968 AS FILE NO. 5060. 1000-83-01-11 & 12 ELEVA710NS REFERENCED TO N.G V.0 SCALE: 1'=30' PI'S/ JANUARY 13, 2004 June 23, 2004 (boh) / PNW July 19, 2004 (revision) t. Sept. 3, 2004 (revisions) * i \ • k Jen. 13, 2005 (revisions) 56' `; -.- -.l, ?' Jan. 19, 2005 (revisions) $� 95 qp - s� Auq.//o,2OO (Pr'P he) / ' Aug. 31, 2005 (drywells etc.3 /'/ 1 F�i'n.'' 9 £ '' O ✓an i8, 2oa6 C n- 4E U4 --- s f�/¢zF� ( ISL(°' ,� ' S �Q . 5 g , N63 Ov - G -- L®� PLP, 01��� o , `'-tip pPR -8 � al '/ P''‘. ./,0 -- -- -5 00 \ \ \ \\ \\\ \\ E 1 0�'//////i//ice' KZ - •- \ \ \ \ \ \ \ \ S\ \ r\w - - 80�/ �//� /i/% _=�60 _-- \ \ \ \ \\ \ \ \ \ \ \ \\ 0 P //ice// ///i--///��_ -- - \ \ \ \ \ \ \ \ ,\ \ .4'' �� - - ////�/i//moi/////---- ------ _-- \ \ \ \ \ \ \ \.\ \ \ O\ \\ d -' ✓r- ///�'�//�„moi'' --- � --- - \ I \) \ \\ \\ \\\\ \\\\ \\ \\NT\� \ \ - ----��/////////iii/i/-�_---- - 1 1 f1 1 / ) ) \ \ \ V\ \ \ \ \ i " ' r8--- \ --i -/ /'ice////i/•/ //'- _' \ 1 1 1 l 1 ( ) / ) ) \ \ \ \ \ BJ\�E --i-'i i------ - -i�/i//-/i i,,---_,- - \ \\ 1 I 1 1 I \ 1 1 1 / / / / ) \ \ \ 0 EPO 16 i-ii- - i' -------i''.----,"1:-",-->‹,".>"/ _-_- \ I 1 1 1 \ / / / \ \ g\7\V� i/�i--ii'i ii- i i / /i i/i'�� \ •\\ \\ 11 11 I 1 11 1 1 1 1 ( / ( \ \\ \ C 1000 _ ----1a-12- -"i�,-i�'- �'i � i i//�-///-//-_-_ \ \ \\ \ \ \ I 1. 1 ✓t-1 1 1 1 1 I 1 ( 1 \ \ \\ -(¢_- i/i i'i�i�i-moi,-;,-;...--->" i ii//'��/�-- \ \ \ 1 ii\ 1 1 \ 1'� 1 \ \ \ \ l 1 \ \ __--_-78-_20-45- /�..//'2 i-i i-i,-��/j//%�////' 0J, \\ \ , I Y'1 \'`�0,.�1 g. 1 1 I \ \\ 1\ \ \ -----2-- --2fr24--= .... -'-'!ii/ii/i �• \ •I -\ \ \\ \\ 14 1 1 \I ���„ e 4 1\ I\\\\ \\ \ \\ \\ -----28---_ - /�i�---1-ice-�__i�/ / ..... / S \ 1 1 1 F� \ \ \ \ \ \ - -7.0-- '-,../•• -'...• /�// ."i��i iii/i \\\F�\\' \ \ \ I l 1 0 1 \ \ \ \ 1 \ \ - -- _. -7,,/i,i-i1i'i�5-���-- \\ \\\ sz,,,,„el \ \ \ 1 .1 11 N I ,\- t' \. \ , `p\ \ \ \ \ \ 2� - -�2- -///moi/".� \\ • � 1 1 1 1 \ \ \\ \ \\ \ \ O \ --i5--i /„......„i/ice/ \• * ,1'\ \ 1 l \ Ii \ 1 1 '\ \ \ \ \ p \ ' 0,„ --5 1 —_� i \\x ' \ I. •-, 1 \ \-Sc\,.\ \of \"\ \ 1 \ I 0 I . \,... -°_52/15 .. // \\�. 1_ \ F`I\ \\ \ \ '4'c -,‘ �1\tv; \ 1 r\ \ \ \ \1 I\ Os -5�f580 -..../..,% .� l'� I 1 \, 1 c\ •4(a,‘ \ 1 1�1 1` \�\� 1 X j )n9 ' I1 ► 1iil ' Iiia \\ 1\ \\ ell, Iin3dl gq5 , hh�ol 11 l 1 1 1 1 I i I 1 <O 1�fe'II)J \ ® \; PIE° 5G / 1� \ 1 1 \ 1/u N N 4 �1 \ \ I Nry L I( \ \ v .( e I i, ,.0-? ( 1 \ \ \ , ,� X la „i f\\ ` Jao\ t % s. 1.�`i� I I 1 \ \ ' ' O x = //0--Th 41d2/05 ,•��. • }' 6z.\ f '/ / ; , I , , • 4 3 d PROVIDE 2 DRYWELLS 6' 0 x 5'DEEP TO HANDLE I '7i,� / L I ( l ' ' ROOF RUNOFF I I ' 570��2 I REVEGETATE ON TOP AND BOTTOM OF THE RETAININd r '`\ r) I I I WALLS A`Nn ovER SANITARY SYSTEM 1 ,� I I I i \ 4 I I I I Dc Y V 1 A�o� \ ;tel /)) O \ l ,,, ( (,, ' //�/i•/// \ 1 z s. , . �'1 1.0 6 I / i, I 1 • 1 // / t� SUBSURFACE SEWAGE _ DISPOSAL SYSTEM ,'�1 allg WELL �; ' I /;/ 60 DESIGNED BY; ��� COMPACT • ' \ 1 I 1 / e) JOSEPH H. BAIER P.E. h r���� SAND 8 ) / r' G' C/0 DVIRKA AND GRAVEL n1 I c 0 BARTILUCCI 6' 9 v �j= Z so- - ' CONSULTING ENGINEERS ms.... ell GO (516) 364-9890 e\ A uniThsTrail 7 73 9 V WELLCOMPACTED FIN. FIR. ELSE Tw EL s8 SAND 8 GRAVEL ika vEL 48c1000-83-01-11 AREA=6,474 SQ. FT TD TIE /�-� s- WALL �, e[43 1000-83-01-12 AREA=34,324 SQ. FT. TO i x 1� 2'MMi. \ I , GRADE. ELONinindiki SCALE, I 20' fE JD o \ TW Q 40 Of NEW Y GRADE ST 14\39.5 -`� G,i, GRADE CROSS SECTION � W f[35 /..''' ,�-C.MET?G.,,. DOUBLE TIER SEPTIC SYSTEM 1 i L.P. I / �0? r� +,,,,:pTYPICAL FULL CRIB L_—j EL 22.' it •.Nt,ii' 3tiAi LIC. RETAINING WALL P'' / ,/C ..6kt�' P. . GROUND WATER 202• --- (6 6 ' . 24 , ,(;37) 7 COASTAL EROSION HAZARD LINE FROM P.O. u$ 9.f I COASTAL EROSION HAZARD AREA MAP 1230 " , Pi ."' T Photo # 58-545-83 SOUTHO 2 /bA i''71 UO ....,,._ ..-..,.,..., ...._.. ...._ _ ..,. __WC,.....V......-s. ` e ANY AL7ERA77O1 IDDI770N TO THIS SURVEY IS A WOLA770N OF SECTION 72( HE NEW YORK STATE EDUCATION LAW EXCEPT AS PER SECTION 7209-SUBDIV/S/ON 2. ALL CERT/FICA77ONS SURVEY Y OF PROPER HEREON ARE VALID FOR 77-IIS MAP AND COPIES THEREOF ONLY IF V 9r SAID MAP OR COPIES BEAR 77-IE IMPRESSED SEAL OF THE SURVEYOR WHOSE SIGNATURE APPEARS HEREON A T CUTCIOU UE LOT NUMBERS REFER TO "MAP OF VISTA BLUFF" FILED TOWN OF SOUTHOLD IN THE SUFFOLK COUNTY CLERK'S OFFICE ON MARCH SUFFOLK COUNTY5, 1968 AS FILE NO 5060 , N. Y.N 1000-53-01-11 & 12 ELEVATIONS REFERENCED TO N.G V D. SCALE: 1'=30' pl-'I/ JANUARY 13, 2004N June 23, 2004 (boil) - Nw July 19, 2004 (revision) p' , Sept 3, 2004 (revisions) �(\ u ` . Jon, 13 2005 (revisions) t1tt Y *.� Jan. 19, 2005 (revisions) ov 56 to 5 ( A'c /,, u7Os//'r=vh;,t) 95' �i p Aug. 31, 2005 (drywells e/c, --- LA ✓a0 8 200,50-.4,4. ' k11,1) 5,, -00-'NE .. p_ SSL .,9 5 p X63 o0� • 1 011 0 i_ -\- - 1 - --- \ • /SINE - - 5 00 \ \ \ \ \ \ E Ci 1 X592 `-' - _ -_ -� _ \ \ \ \\ \ \\ 6�>p5 - - _-___ . _ \ \ \\\\\\ \ \\ \\ / ,,' ' ' '-- -'-- E � _-- \ \ \ \ 1 \` - - " - - \ \ \ LS t -8--- _\ i. , / , , ec„,'i i'/'”iii_ --- \ I 1 1 (\ K \� - 1 \ 1 ( / / / / \ \ \ 1;" \ \ a 10$41S) __--IC1-_ i %�%-%,,%'/�i,' i�%i'i%/�'�'iii'_.'' \ �� \ 1 \ 1 1 1 \ �`'1\ 1 1 1 1 ( / l \ \ \ -- -14'16-- '/'i'i'i ''� �' �'' -%iii'�'�'i \\ \\ \\ I1 1 1 '��;,.�i1 I \ 1 \ 11 \ 4 ( I\ \\ \\ \\ ------I8--- i - --�- - - 'i - i 'i'�' 0\ \ \ 1 1 1ia \ I 1 \ 1 1 ` I \ \ __ -z_-- �'� _ . / �� \ \ \ 1 1 � \a,�1 1 1 i 1 1 \ 'N _--2r2d-- - -'''i'-'i ;,--�� i i y-- ,/0 d \ \\ \ \,/,, 1 ,1 \%i I I \ \ \ 1 11 \ \ 2--28-,- ---' i APPEALS BOARD MEMBE_k53095 MailingAddress: Ruth D. Oliva, Chairwoman 11�,," $ tSouthold Town Hall Main Road•P.O. Box 1179 Gerard P. Goehringer AKE * Southold,NY 11971-0959 James Dinizio,Jr. a, G Q �� Office Location: Michael A. Simon ����� Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman =�4'COUNTOWvodi� 54375 Main Road(at Youngs Avenue) Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809•Fax(631)765-9064 February 3, 2006 Suffolk County Soil and Water Conservation District 423 Griffing Avenue, Suite 110 Riverhead,NY 11901 Re: ZBA File Ref. No. 5846 Gentlemen: We have an application for proposed construction on property adjacent to the Long Island Sound, and shown on the enclosed site map. The public hearing on the above variance application is being held on March 2, 2006. A copy of the area map is also attached for your use and reference. May we ask for your assistance in an evaluation and recommendations for this proposal. Thank you for your assistance. Very truly yours, RUTH D. OLIVA By: ...Lir ��77 OFFICE OF (go, net ca exile-.zs C4•Su)) ZONING BOARD OF APPEALS ' Mailing Address: 53095 Main Road, P.O. Box 1179 Office Location: Town Annex, NFB Building, 54375 Main Road at Youngs Ave. Southold, NY 11971-0959 (631) 765-1809 fax (631) 765-9064 REPLY FORM DATE: �-/�46 • TO: `yl-0-1-1:62-e-1)411 "all . ,;v 17140-"49 ZB Ref# (5r2/4,6.3)46.8,1 ® -J ..4,7i 0 � "er -- )7-a-b./ -) Date of Building Inspector's Notice of Disap r6val: ' • , .r:: 3 6 ,Ara.l Q ) Thenapplication is incompletetfor heasons noted below. ease furnish seven (7) sets of the r�• following: a Q- p-v U.L.36-„,e.,9-04.6::: aL 2_1-� �i c V" 04—Please furnish seven (7) sets of the following (within about 7 days, if possible in order that the application can be advertised f. . . • - • - . ). The advertising deadline is 32 days before the meeting date. - , •• • • .. . e • - .- - _ _ ° ' - . • - , • - • - - •_ - .••• . - • - six sets by mail of by hand. Thank you. ( ) The map submitted does not matbh the information on the Building Inspector's Notice of Disapproval. Please submit the amendments,dated directly to the Building Department for review, and if an amended Notice of Disapproval is issued, please furnish seven (7) copies with a cover letter confirming that the amended relief that is being added or revised in your request for variance(s). Thank you. (',L) Missing information — /, e e a-e-L..- 4 1 OTHER/INFORMATION REQUESTED, when possible (7 sets with cover/transmittal sheet): ( ) Filing fee $ ; Check amount was: $ . Please contact our office (or send new check). ( ) Available survey showing existing property/building details, with licensed surveyor information. ( Architectural map or updated survey showing dimensions of existing and roposed new construction areas, setbacks to property lines, and building lot coverage calculations ` ejRough diagram or sketch with building height (# of stories and distance from ground to top/ridge detail (and mean height, if known); also landscaping proposed in the area of the construction. •_.4atelltac,e _e ( ) Letter confirming status and date of review by other involved agencies for presubmission comments, or copy of up-to-date agency action. ( ) Updated single-and-separate search dated back to April 23, 1957 (Zoning Section 100-23D-4), and _copies of deeds dating back to,creation o ori incl of in ci for this property. (X-) _. /l—�'u( �I 1 -\ a �� /', .� Ai U i_J, _ _ _IIP -•_ -: .:2._ . _ _ d Lo !%/ .. - l Thank you., �' /• GV /`usi Y` INSTRUCTIONS FOR VARIANCE APPLICATIONS SOUTHOLD TOWN ZONING BOARD OF APPEALS Phone:(631)765-1809 Fax:(631)765-9064 Please submit seven (7)collated sets with the ORIGINAL SIGNED SET on top: NOTICE OF DISAPPROVAL from the Building Inspector dated within the last 60 days, together with copies of permit application and correspondence on file with the Building Department APPLICATION: Typed or neatly written, signed by the property owner or representative and notarized. If you have a representative, please furnish a signed consent form stating he/she is authorized to sign and submit this application. �— NEW SURVEY, or available survey of record with architect's site plan: Surveyor must show proposed and existing setbacks, patios/driveways, wetland vivo buffers, high bank or bluff, square footage and dimensions of lot, dimensions of new construction, fences, tanks, overhangs, chimneys, cesspool locations, etc. (If your project involves total lot coverage exceeding 20% of the total area of the 1119/17 Ak9". lot, surveyor must calculate square footage breakdown of all building areas.) Please give distance between new proposed construction and nearest wetland, n bulkhead, top of the bank or bluff, and overhangs exceeding 18" Lot coverage f' ' must be calculated by a licensed surveyor I BUILDING DIAGRAMS: Can be a rough diagram or sketch with roof design, /�� �" elevations, existing and proposed mean height, existing and proposed maximum 'b height to top of the ridge /Jt b FLAG or STAKE outside corners of new construction areas for on-site inspections and provide seven (7) photos, labeled to identify areas of new construction or changes in relation to closest buildings after it has been flagged or staked. (Please label with owner's name on all photos.) ENVIRONMENTAL ASSESSMENT FORM: Necessary ONLY if your project is other than a dimensional/setback or lot size variance TOWN PROPERTY CARD(may be available from Assessors Office) *********************************************************** *********** LWRP FORM completed (eight copies) attaching extra map and explanation of /� landscaping and activities near Coastal Zone Management Area—pertains to new construction near bluffs and shorelines. CHECK payable to "SOUTHOLD TOWy CLERK" (Please see code fee schedule,attached.) After the Board has reviewed the application and calendared your application for a public hearing, we will confirm the date, place and time of the hearing, and provide a letter with the Town's Legal Notice, a yellow sign for your posting,an area map showing the surrounding lots(circled)that will require certified mail notice from you, and Affidavit forms for your use in the final notice steps Please note: (A)Any changes, after submitting the above, must be placed in writing to the Board of Appeals clarifying the changes with the seven maps, as revised. Changes may also require an amended Notice of Disapproval to address these after you submit amendment to the Building Department. If you are not sure, please check directly with the Plans Reviews of the Building Department at 765-1802; (B)Service of a copy of your appeal application upon the Building Department is necessary under New York Town Law Please include a letter or other document for the ZBA file indicating when notification of your appeal application was given to the Building Department. Thank you. zB 10/04 APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: Date Prepared: I. For Demolition of Existing Building Areas Please describe areas being removed: II. New Construction Areas(New Dwelling or New Additions/Extensions): Dimensions of first floor extension: Dimensions of new second floor: Dimensions of floor above second level: Height(from finished ground to top of ridge): Is basement or lowest floor area being constructed? If yes,please provide height(above ground) measured from natural existing grade to first floor: III. Proposed Alterations or Interior Structural Changes without enlargement/extension (attach extra sheet if necessary)- Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: Proposed increase of building coverage: Square footage of your lot: Percentage of coverage of your lot by building area: V. Purpose of New Construction Requested: VI. Please describe the land contours (flat, slope %, etc.) as exist and how it relates to the difficulty in meeting the code requirement(s): Please submit seven (7)photos,labeled to show all yard areas of proposed construction after staking corners for new construction),or photos of existing building area to be altered (area of requested changes). 7/2002; 2/2005; 1/2006 j, I.LAWKINS WEBB JAEGER PLLC ENGINEERS ■ ARCHITECTS ■` ///// RVEYORS ■ PLANNERS o/%i ESTAB.1872 ��r 4, WILLIAM L.JAEGER II, P.E., LS � MATTHEW D.CRANE L.S EDWARD R. MILLER,AIA FRANCIS A.HAWKINS 1913 HERMAN P. HAWKINS 1962CHARLES S.WEBB JR.L.S 2004 January 24, 2006 (revised) Nicholas Aliano 970 Route#25A Miller Place,New York 11764 Re: (05-190)—Foundation inspection for new construction on tax parcel# 1000-83-1-11 & 12 Dear Mr. Aliano: On January 9 and January 24, 2006,I inspected the structural soundness of the foundation, evaluated the bluff stability and calculated the height of the proposed residence on the above referenced tax parcel located in Cutchogue,New York. The foundation was constructed on a relatively flat portion of the subject parcel which has a slope with a maximum pitch of 1 on 2 commencing just off the rear wall of the foundation. The lot has an upper soil stratum of silty sand and a lower stratum of fine to coarse sand (based upon a test hole by Mc Donald Geoscience). The topographic and foundation location surveys reveal that the rear wall of the foundation was constructed where the lowest natural grade was at elevation 52.0. The foundation footing along the rear and right rear walls is 12"thick steel reinforced on a 2' spread footing that steps from 2' to 6' and could be seen to be well into virgin soil. The foundation location survey reveals that the top`of footing(top of foundation stem wall) for this foundation is at elevation 54.6, which places the bottom of the footing 4'-6' into virgin soil. The left side of the foundation is about 42' from the top of a 45' high bluff which has a slope of approximately 1 on 1.2. The base of this bluff is approximately at elevation 9 and the bottom of the footing adjacent to (and 42' from)the bluff is at elevation 54 making the footing 45' above and 96' from the base of the bluff, which makes the theoretical slope from the foundation footing to the toe of bluff a 1 on 2.1 slope. Based upon the topography,the foundation elevation, and the reported nature of construction,I find that the bottom of the footing was constructed on virgin soil uphill from a slope of 1 on 2 to the rear and above a theoretical slope of 1 on 2.1 from the toe of the bluff. The soil bearing capacity for the material on this site is about 2 ton per square foot and its' natural slope of repose is approximately 1 on 1.5. Therefore, based upon the information provided,the foundation is resting on structurally adequate material and the radiation of the loading is fully within the surrounding material. • 3239 Route 112—Bldg 8-Suite 1, Medford, NY 11763 PHONE(631) 732-7777 FAX(631) 732-7760 Visit our web site at www.hwiaeger.com - J The code defined building height was determined by calculating the average pre-construction _ elevation of site at the proposed building location and subtracting it from the ridge height of the proposed residence (all elevations are based upon survey data provided by Peconic Surveyors P.C.). An analysis of the existing elevation of the site at the proposed building location revealed that the average preconstruction elevation surrounding the proposed building was 58.3'. The elevation of the top of the foundation footing was 54.6', and the height of the building from the top of the foundation footing to the ridge based upon the proposed plans was 37'9"(37.75'). This makes the elevation of the ridge 92.35' and the height of the ridge.above the average grade 34.05' which is less than the 35' permitted by code. In addition, I inspected the bluff fronting on Long Island Sound. This bluff has a maximum height of 54' based upon the record survey. The bluff is currently unstable with no toe control and some vegetated overburden. The height of the slope decreases from its maximum height at the westerly property line to "zero"at its easterly property line.The current bluff instability is unrelated to the construction of the foundation on the subject property and is caused by toe erosion and a lack of vegetation on the bluff. The existing foundation was constructed 42' from the top of a 51' high portion of the bluff with a top of footing elevation of 54.6' which places the • bottom of footing approximately 45' above the elevation of the toe of the bluff. Based upon this inspection I recommend that toe protection be provided for the bluff as well as re-vegetation of the face to assure its' long term stability. The toe protection could take the form of bulkheading as provided for the property to the east, or gabions or other stone based toe control which is currently preferred by the N.Y.S.D.E.C.Regardless of the type of toe protection selected it is important that it be tied into the toe bulkheading on the property to the west.Both the toe protection and slope vegetation wogld require design and specifications and would require approval by'the N.Y.S.D.E.C. as well as likely review by the Town Of Southold. Should you have any questions, or wish something additional please feel free to call. Sincerely, of NEtiy co -13 m L. J � illia � ® x. .:g P.E.,L.S. ( , (\11�� �� . Document 03/01/06 Page 2 of 2 hr WKINS WEBB JAEGt,R PLLC ENGINEERS ® ARCHITECTS ® SURVEYORS ® PLANNERS )` ESTAB 1872 WILLIAM L.JAEGER II, P.E., L.S MATTHEW D. CRANE L.S EDWARD R. MILLER,AIA FRANCIS A HAWKINS 1913 HERMAN P HAWKINS 1962 CHARLES S WEBB JR L S 2004 January 18, 2006 Nicholas Aliano 970 Route#25A Miller Place,New York 11764 Re: (05-190)—Foundation inspection for new construction on tax parcel # 1000-83-1-11 & 12 Dear Mr. Aliano: On January 9, 2006 I inspected the foundation on the above referenced tax parcel located in Cutchogue,New York for the purpose of determining its' structural soundness. The foundation was constructed•on a relatively flat portion of the subject parcel which has a slope with a maximum pitch of 1 on 2 commencing just off the rear wall of the foundation. The lot has an upper soil stratum of silty sand and a lower stratum of fine to coarse sand(based upon a test hole by Mc Donald Geoscience). The topographic and foundation location surveys reveal that the rear wall of the foundation was constructed where the lowest natural grade was at elevation 52.0. The foundation footing along the rear and right rear walls is 12"thick steel reinforced on a 2' spread footing that steps from 2' to 6' and could be seen to be well into virgin soil. The foundation location survey reveals that the top of footing (top of foundation stem wall) for this foundation is at elevation 54.6,which places the bottom of the footing 4'-6' into virgin soil. The left side of the foundation is about 42' from the top of a 45' high bluff which has a slope of approximately 1 on 1.2. The base of this bluff is approximately at elevation 9 and the bottom of the footing adjacent to (and 42' from)the bluff is at elevation 54 making the footing 45' above and 96' from the base of the bluff, which makes the theoretical slope from the foundation footing to the toe of bluff a 1 on 2.1 slope. Based upon the topography, the foundation elevation, and the reported nature of construction, I find that the bottom of the footing was constructed on virgin soil uphill from a slope of 1 on 2 to the rear and above a theoretical slope of 1 on 2.1 from the toe of the bluff. The soil bearing capacity for the material on this site is about 2 ton per square foot and its' natural slope of repose is approximately 1 on 1.5. Therefore, based upon the information provided,the foundation is resting on structurally adequate material and the radiation of the loading is fully within the surrounding material. Should you have any questions, or wish something additional please feel free to c.11. Sincerely, r ' 11r�€ F William L. J:-_er P.E.,L.S. 3 3> 3239 Route 112—Bldg. 8-Suite 1, Medford, NY 11763 b r � . • PHONE (631)732-7777 FAX(631) 732-7760 •'qt. - t,•�: Visit our web site at www.hwiaeger.com rgAt 6-7-7-470---11 town-ityr,South aid IBA z- - App Name 0 Tax Ma 0 File No L 11SEQRA Board Member 'Michael Simon '1 iSearch: Hearing Time aD6 El-Other , Number - App..Name: Albano, Nicholas J Received Oate:1/27/20061-Tot.' ees: j $600 00 Hamlet iCutchogue Type ,11, Zone Date forwarded to own Clerk 1151720O6,T- I ' Status New r Action Meeting Dates Building-Dept, Location 3705 Duck Pond Road Meeting Date ND Date 2006 1,Short 100-239.4A(1) requires 100 ft. bluff setback; Hearing Date ND Date Pri/104,,,,, Dasc. project shows 40 ft. bluff setback; Hearing Date ND Date . !Icol5y,[143 Hearing Date Date:1"—[ ,"— Hearing Date J ND Date J yo ! -Hearing Date - NDDate „ - Action Date J-Np Date,' 42a 006,• ,,11019!tM I CAP51 [NOM _ peVerojied by the Southold TamiDOta:PitoCes' 16k..pe'partryleriit;k • j _ �- , A ar'�."3_ i.� ." o- . Lt.,. .-3T1' ?, LET Or DRAWINGS 1 --- .�..0 ` .r a 2 flFNCE _ Q0 COVER MAGE o CL - -- _______ 1.b - _ -_ Y - �� til EGEND ix LA-1 z :1 _ _____-=„4- --k---=,. ,z_t__, ___ _ _ _ _ _ , , _ a - - _ - - - - �......„ A-2 ST 1�11s0®I� IFIL����( 21�1� FLOOR PLAN win e 1.4 - - - - --�, v„ '- C - ----- _ A-3 EC 1[IION A-A 9 PLUMI�IINCG RISER DILA. CO 1 a -_ --I __ • ��. -- ---- - �,d -( - --- J 0444\ I ;uMiY 4 r.F'� ` It gW`, "� CO v t-- - - - �-�-�--7-� ❑ o ❑ ❑ ❑ � �� (0) 111[11 ���-`477�� Lt E v A ll RO V S < = I • t___ --- It Dl11l�' ®�®®�' I eb' sa � " w :. "- Narw m.« I mN Ili Lei fl IE ,I I on _ - A` °-z -5 Ir STA- ILLS � w __ - 11 _.� I-_J I , 10 -0 * 1 t?-' aM wig W r i_______ -e unnnnif_A n n ,.._[ 11 el titi'' ' 't"-k‘' (two ---....L. .111101111111•11•1. Al10111=111••••4... -\-Ir �� ;v A-6 fill 1[AIL CONNECTION METALS Z N 9 LUM G N OD BUILDING CODE ANALYSIS ,., . , - ,, ,,, . 6 pp 1�.,Nk i- ..__....... 11- w 1 . REFERENCE STANDARD: AMERICAN FOREST & PAPER ASSOC. (A.F.& P.A.) WOOD FRAJME CONSTRUCTION MANUAL FOR ONE AND TWO-FAMILY DWELLINGS 6. NAILING & FASTENING SCHEDULE FOR STRUCTURAL MEMBERS y nga ,� tra►3-nc�r� 2. FLOOR AREAS: 0 �, I,' s�� TABLE 3.1 WFCM WOOD FRAME CONSTRUCTION MANUAL t EXISTING 1ST. FLOOR: N/A NAILING SCHEDULE ' I w % ?`'1'-+, 1 EXISTING 2ND. FLOOR: N/A a , PROPOSED 1ST. FLOOR: 811 S.F. JOINT DESCRIPTION NUMBER OF NUMBER OF NAIL SPACING JOINT DESCRIPTION NUMBER OF NUMBER OF NAIL SPACING t` ,,,'''4.,, PROPOSED 2ND. FLOOR: 888 S.F. I COMMON NAILS BOX NAILS COMMON NAILS BOX NAILS df '�� ���w,,. GARAGE AREA: 378 S.F. ROOF FRAMING rt ,* UCENbi�1'`f PORCH AREA: 129 S.F. WALL SHEATHING I' � a < 1E7!4+F..,, ' 9.-,. lY^+•. .an_- ,1ant -.,; .`x,�.�Ioto* .,• ...,.:..�t u',.41,.. _ a ti Rafter to Top Plate (Toe-nailed) (Table 3,4A) 3-8d 3-10d per[after Stuctural Panels, 8d 10d 6" edge/ 12" field I' I j .- 3. DESIGN LOADING: Ceiling Joist to Top Plate (Toe nailed) 3-8dperFiberboard Panels r: - 3 10d joist m CEILING LIVE LOAD: ' - 20 P.S.F. (Table 3.4A) 7/16" 6d - 3" edge/6"field 2ND, FLOOR LIVE LOAD: 20 P.S.F. Ceiling Joist to Parallel Rafter(Face-nailed) 6-16d 40d each lap 25/32 8d - 3" edge/6"field 1ST. FLOOR LIVE LOAD: 30 P.S.F. (Table 3.9A) Gypsum Wallboard 5d coolers 5d coolers 7" edge/ 10" field EXTERIOR DECK LOAD: 40 P.S.F. Ceiling Joist to Laps Over Partitions ,_ v 6-16d 40d eE....h lap m SNOW LOAD (ROOF): 32 P.S.F. (Face-nailed) (Table 3.9A) Hardboard 8d 8d 6" edge/ 12" field WIND LOAD: 32 P.S.F. (110 MPH) I Collar tie to Rafter(Face-nailed) 3-8d 3-10d per tie ' SEISMIC LOAD: C ZONE (EXEMPT, SEE R301.2.2) (Table 3.6A) Particleboard Panels 8d 8d (see manuf.) Blocking"to Rafter(Toe-nailed) AVERAGE DEAD LOAD (ALL ASSEMBLIES): 10 P S.F. 2-8d 2-10d Patch end �,- a� . ., ..t, „, ",, _ Diagonal Board Sheathing t. i -/0/40/Ne. Rim Board to Rafter (End nailed) 1"x6"or 1"x8" 2-8d 3-10d per support r' 2-16d 3-16d e : h end 1"x10"or widerper support k i 3-8d 3-10d PP eU -7- SEE PLANS FOR CALCULATIONS FOR COMPLEX LOADING CONDITIONS, .� WALL FRAMING STRUCTURAL ELEMENTS, & LOAD PATHS FLOOR SHEATHINGTop Plate to Top Plate (Face nailed) 2-16d 2-16d pc-foot 4. EGRESS WINDOW SCHEDULE: - -- - - Structural Panels o 'n WINDOWS MEETING OR EXCEEDING 5.7 SQUARE FEET Top Plates at Intersections (Face-nailed) 4-16d 5-16d joint:. each side 1" or less 8d 10d 6" edge/ 12" field o $ m OF EMERGENCY ESCAPE AREA greater than 1" 10d 16d 6" edge/6"field �` 1 COMPLY WITH ALL CODES OF ,�, ,,� Stud to Stud (Face-nailed) 2 16d 2-16d 2%+I"O.C. AEaF iv'��,�� �t PICTED NEW YORK STATE & TOWN CODES " MODEL# CLEAR OPENING MODEL# CLEAR OPENING --.- Diagonal Board Sheathing "' raTE: S �,/j `r�; AS REQUIRED AND CONDITIONS OF t Header to Header(Face-nailed) 16d 16d 16"o.c. along „ „ „ B.P.:SE-I , _edg s 1x6 or 1x8 2-8d 3-10d per support /_� `� � ��-,J� SQ�ITHOLD TOWN TBA Q j TW 3046 5.7 S.F. 1"x10"or wider 3 8d 3-10d per support k { `BY: r wPUILD Top or Bottom Plate to stud (E+id-nailed) 2-16d2-40dpe stud I G EPRTP.4ENT A ARDN D SOUTNOLDTOWNPLANNING+ " c M TO a PFOR THET« � , 4 , r �. - ;, _ IIONINTRUSTEES�SPECTIOt : SOUTHOIDT o Bottom plate to Floor Joist, Bandjoist, 2-16d 2-40d pe, foot 1. Nailin re ui �' / z NOTE: EMERGENCY ESCAPE WINDOWS Endjoist, or Blocking (Face-nailed) g q rements are based on wall sheathing nailed 6 inched on center at the panel edge. i 110EQUIREDN.Y.S.[?ECARE NOTED WITH AN ASTERISK (* _ If wall sheathing is nailed 3 inches on-center at the panel edge to obtain higher shear capacities nailing I %ui;Eu CGilCRTE dra.FLOOR FRAMING requirements for structural members shall be doubled, or alternate connectors, such as shear plates, I:' �' i?C .11 I Fii, P,IIIJG & LUMBING Z 00 r ON FLOOR PLANS shall be used to maintain the load path. f .3 ':.;uLATION PL UMBER CERTIFICATION U 8 m 8 a Joist to Sill, Top Plate of Girder(Toe-nailed) 4-8d 4-10d per joist 2. When wall sheathing is continuous over connected members, the tabulated number of nails shall be 4' + + IAL - CONSTRUCTION MUST ON LEAD CONTENT BEFORElt .1 Cl) t- to be reduced to 1-16d nailper foot. BE COMPLETE FOR C.O. CER TIFICATE OF OCCUPANCY w ci 5. N.Y.S. ENERGY CODE: Bridging to Joist (Toe-nailed) permittedALL CONSTRUCTION i 9 9 2 8d 2-10d each end SHALL MEET THE CI CI Ci I:4 Vi I 3. Corrosion resistant 11 gage roofing nails and 16 gage staples are permitted, check IBC for additional I: REQUIREMENTS OF THE CODES OF NEW SOLDER USED IN WATER Blocking to Joist (Toe-nailed) 2-8d 2-10d each end requirements. r , YORK STATE. NOT RESPONSIBLE FOR SUPPLY SYSTEM CANNOT Z t I DESIGN OR CONSTRUCTION ERRORS. EXCEED 2/10 OF 1% LEAD. Blocking to Sill or Top Plate (Toe-nailed) 3-16d 4-16d each block tEScheck Compliance Certificate 0 =I Ledger Stripto Beam (Face-nailed) BING �' Jew York State Energy Conservation Construction Code 9 3-16d 4-16d each joist ' M FASTENERS FOR ASPHALT ROOF SHINGLES PLUMBING :EScheck Software Version 3.6 Release 1 Joist on Ledger to Beam (Toe-nailed) �` OCCUPANCY OR ALL PLUMBING WASTEMA /'1 U 9 3 8d 3 10d perjoist :OUNTY: Suffolk (' &WATER LINES NEED Band Joist to Joist (End-nailed) 3-16d 4-16d perjoist p shinglesUSE IS UNLAWFUL NATE: New York J §RR905.2.5 Fasteners. Fasteners for asphalt shall be I' TESTING BEFORE COVERING IDD: 5750galvanized steel, stainless. steel, aluminum or copper roofingnails, Band Joist to Sill of Top Plate (Toe-nailed) 2-16d 3-16d per foot pp :ONSTRUCTION TYPE: Detached 1 or 2 Family minimum 12 gage [0.105 inch (2.67 mm)] shank with a minimum 3/8-inch WITHOUT CERTIFICATE �1 44 T 11114 tEATING TYPE: Non Electric (9.5 mm) diameter head, ASTM F 1667, of a length to penetrate through OF UNDERWRITERS CERTIFICATE n `�L-' -- the roofingmaterials and a minimum of 3/4 inch (19.1 mm) into the roof f OCCUPANCY 04 M VINDOW/WALL RATIO: 0.14 ROOF SHEATHING t REQUIREDini 04 sheathing. Where the roof sheathing is less than 3/4 inch (19.1 mm) 1-5 thick, the fasteners shall penetrate through the sheathing. Fasteners �RA 0 I'D� Structural Panels i :OMPLIANCE: Passes 8-d 10d 6" support p field shall comply with ASTM F 1667. g Maximum UA= 350 'our home UA= 335 Diagonal Board Sheathing RETAIN STORM WATER RUNOFF 0 W §RR905.2.6 Attachment. Asphalt shingles shall have the minimum number CONSTRUCTION SHALL .3%BeLier Than Code (UA) 1"x6" or 1"x8" 2-8d 2 1od pei support PURSUANT TO SECTION 45-10C ALL CONS Z11-14 � 1"x10" or wider 3-8d 3-10d per support of fasteners required by the manufacturer. For normal application, OF THE TOWN CODE. MEET THE REQUIREMENTS OF THE Gross Glazing asphalt shingles shall be secured to the roof with not less than fourILA Area or Cavity Cont. or Door � n fastenersper stripshingle or two fastenersCODES OF NEW YORK STATE. O CEILING SHEATHING 9 per individual shingle. Z U e Perimeter R-Value R-Value U-Factor VA - Where the roof slope exceeds 20 units vertical in 12 units horizontal Pm) C4 Gypsum Wallboard 5d coolers 5d coolers 7"ed /10" field (20:12), special methods of fastening are required. :eiling 1: Flat Ceiling or Scissor Truss 955 25.0 0.0 38 - `� __. .'‹ 'w-il , :eiling 2: Cathedral Ceiling (no attic) 55 25.0 0.0 CERTIFICATION OF Vali 1: Wood Frame, 16" o.c. 2132 15.0 0.0 138 EXCEPTION: Asphalt strip shingles shall have a minimum of six & CONNECTIONS FLOOD ZONE " " Vindow 1: Wood Fe, ouhle Pane 273 0.330 90 fasteners per shingle where the roof is in one of the following ,, NAILING COMPLY WITH CHAPTER 46 t✓ )oor 1: Solid 38 0.540 21 t categories: �> RECIUIRED• FLOOD DAMAGE PREVENTION t- SOUTHOLD TOWN CODE. 0 )oor 2: Glass 24 0.330 8 1. The basic wind speed per Figure RR301.2(4) is 110 miles per 0 loot. 1:All-Wood Joist/Truss:Over Unconditioned Space 895 25.0 0.0 34 hour (177 km/h) or greater and the eave is 20 feet (6096 mm) or ce •/oor 2: All-Wood Joist/Truss:Over Outside Air 100 25.0 0.0 4 higher above grade. 1 a. N 2. The basic wind speed per Figure RR301.2(4) is 120 miles per hour :OMPLIANCE STATEMENT: The proposed building represented in this document is consistent with the building `i (193 km/h) or greater. i lans,specifications, and other calculations submitted with this permit application. The proposed systems have been 3. Special wind zones per Figure RR301.2(4). esigned to meet the New York State Energy Conservation Construction Code requirements. When a Registered )esign Professional has stamped and signed this page, they are attesting that to the best of his/her knowledge, belief, AS6 CI 0 nd professional judgment, such lans or specifications are in compliance with this Code, , . .. 1 -: -,, r, P J b P 1 Pnpwu +rwax �n,rRwes1 � r+ u.a «w . _.., o, nwrornwM « ,�w mrrlrzwwwl' +rturvar�sww� N» v,•I.w �•�:v +r `! DO NOT PROCEED WITH FRAMING UNTIL SURVEY OF FOUNDATION LOCATION z tuilder/Designer Date HAS BEEN APPROVED. 11 J ginriniiiimemmimMIIMINIXIIIL W OF 7 cin ................................................. _ GENERAL MOTES N ir W _.o Z M • Z to N �j ::: ,--1 i. CONTRACTOR SHALL CHECK AND VERIFY ALL CONDITIONS AT THE -"D. x 3 q4'-O" HITE PRIOR IMSEL WITHTHESTARTING TO INTENT OF WORK AND E PLANSHALL AND MAK1LARIZE E1 WORK _._.I > I _ / AGREE WITH SAME. 0 z o 2. CONTRACTOR OR OWNER SHALL OBTAIN A BUILDING PERMIT PRIOR 39'-4" f TO STARTING ANY WORK. Cr W o d cr Z 3. CONTRACTOR OR OWNER SHALL OBTAIN ALL REQUIRED APPROVALS, I"iJ EY B N 9'-0" I0'-8" 10'-8" 9'-0" 41-5" PERMITS, CERTIFICATES OF OCCUPANCY, INSPECTION APPROVALS, 0 _ M ETC., FOR WORK PERFORMED FROM AGENCIES HAVING JURISDICTION W0_ ► - -- - - / -- f- - - / / THEREOF, IF REQUIRED. Q _ _W vi 4. ALL WORK SHALL CONFORM TO N.Y.S. CONSTRUCTION CODE AND ALL I-" R }' r-//i� � /iiiiriiir,,ISI I I1}W/ ./ii i�,�� 2514 2514 2514 LOCAL RULES AND REGULATIONS. CO LU co z 5. ALL METHODS OF CONSTRUCTION INCLUDING FORM WORK AND CO = z 8"x8'-O" P.G. FOUND. HALL PLACEMENT OF CONCRETE ARE TO BE CAREFULLY SUPERVISED BY I.tJ U1 GELLAR -ON 16"x12" P.G. FOOTING THE CONTRACTOR. DC 9 N REINF. W/ (2) #4 REBAR < m n - 38'-0" ON UNDIST. SOIL %4 6. IF IN THE COURSE OF CONSTRUCTION A CONDITION EXISTS WHICH V) DISAGREES WITH THAT AS INDICATED ON THESE PLANS, THE Cn '- M j (2) 3 1/2" DIA. STEEL 4 j CONTRACTOR SHALL STOP WORK AND NOTIFY THE ARCHITECT - W v „ U_ O LALLY COLUMN ON OR ENGINEER. SHOULD HE FAIL TO FOLLOW THIS PROCEDURE AND Ix W 3 1/2 DIA. STEEL p 62"x36"x12" P.G. FTG. % F.. Z j LALLY COLUMN ON o �� % CONTINUE WITH THE WORK, HE SHALL ASSUME ALL RESPONSIBILITY Z x 36"x36"xl2" P.G. FTG. -6 j AND LIABILITY THEREFROM. M a. j 121-4" 10'-8" 15'-0" - % '-^ -1. ALL FOOTINGS SHALL BEAR ON UNDISTURBED SOIL WITH A MINIMUM z REINF 11 P.C. x61 W4 x1.4 F j 7. g_I/2"x q_I/2 6LULgM �- 2 GIRDER POCKET - j MII MUM OF 13 O" FOF COVERER SQ. FT. AND SHALL HAVE A w 'fr. W.W.M. ON 4 MIL VAPOR / BARRIER ON WELL COMP- j 8. ALL CONCRETE SHALL BE IN ACCORDANCE WITH TABLE R4-02.2 ACTED POROUS FILL j OF THE NEW YORK STATE RE5IDENTAIL GORE. \ ; co GIRDER POCKET � �/ /�� 1/'�%, ,_/ BASEMENT SLAB' 2 � r. 1 j/ I 3-I/2'x q-I/2 GUAM_ j;to/. `? P� FOUNDATION WALLS 4 1=00T1N65� ' 11111- 116...,..--,..,11, ` �- �- --�c---------- / ,,o j/��, u, j C 3,000 psi �; .�--- -i - ---- • j1 �j STEP FOOTING GARAGE LAB: 3,500 pet _ w / I I I I �` ���� 1 ort• IRDER POCKET / 1:2 SLOPE`. MAX.) I I I `c� r } J j L - -- 1. ALL POURED CONCRETE FOOTINGS ARE TO BE REINFORCED WITH �• j I ? ofr //////////%//O%/////%%/////%%%///%///%//%-(//%///////%%%//i%�O/%%%//%%%//////�%%///%���%///////%r,%%/%%///fi1 \ (2) #5 REBAR HORIZONTAL CONTINUOUS. 4 j - (� 1 A o % I- % S' 10. ALL STRUCTURAL HOOD FRAMING SHALL BE HEM-FIR NO.2 AS FOLLOWS ' �o.. ,� o j , A UNLESS OTHERWISE NOTED: * 04 L - - - O �sEND NG 1300,000SS = 850 psi (SINGLE) ' �`s51 I/ ftp, l DE+L.Pp,j. ISO . &1" %-F 19-4 - I I. ALL HEADERS AT INTERIOR WALL CONSTRUCTION SHALL BE z ./NI7TECZBZ -1 7' I j 8" P.G. FOUND. WALL ON -/ (2) 2 X 6 UNLESS NOTED OTHERWISE. 7-1 �� -liti r / i j I j 16"x12" P.G. FOOTING / 12. DOUB__E JOISTS UNDER ALL PARTITIONS PARALLEL.TO SAME AND \..1..1 t • �,ti~ `I d 166 I GIRDER POCKET j 3 O MIN. BELOW GRADE jAROUND ALL OPENINGS. PROVIDE BLOCKING UNDER ALL PARTITION �+ I j I �_ _ - % BEARING ON UNDISTURBED % HALLS RUNE�!I!G PERPENDICULAR TO JOISTS. '•,� MENSO sa j j SOIL j ter -\ -- -- o ------------------- ----- --'---- l 13. ALL STRUCTURAL POSTS ARE TO BE SOLIDLY BLOCKED TO TOP OF p III Zo �x�2I�DGtR *. / r UNEXGAVATED 4' FOUNDATION WALL OR SUPPORT COLUMN BELOW. 'li o dzh xx / `}'' -- 9 A -? z Q I l . 14. ALL DRYW/-,LL SHALL BE U.S.G. NATIONAL GYPSUM GO. 1/2" THICK m A-3 Q I- X� % j UNLESS OTHERWISE NOTED. •- 0 6"xb" G.G.A. POST ON GALV. .. d p tL I % I % 2" 4" i METAL BASE GAP SET INTO ,fl 0 j t\ I5. INTERIOR PARTITIONS ARE TO BE CONSTRUCTED OF x WOOD 12" DIA. POURED GONG. cv o % NEW 4" P.G. SLAB j STUDS AT lei" O.G. WITH 1/2" GYPSUM BOARD BOTH SIDES UNLESS `r FOOTING, 3'-O" BELOW u % REINF. W/ 6x6-W1.4x1.4 9 I - N I , j IL OTHE .WISE NOTED. _ p I GRACE MIN. ON UNDIST. W.W.M. ON 4 MIL VAPOR j SOIL, (4) TYPICAL. I j BARRIER ON WELL COMP-4 �L2x861-x_.- Y� Pt+ 2 2x8 GIRDER ,54 _-_-___ A/, ACTED POROUS FILL 16. ALL INTI=RIOF_. :�00R5 SHALL BE STAINED GRADE 6-8 HIGH X - - - - E_� - 4 j 1-3/8" X WI: - ;I A5 NOTED ON PLAN WITH APPROPRIATE HARDWARE. • jIl. ALL MOLDIN.,,S AND TRIM SHALL BE STAIN GRADE. 4'-b' 8'-4" 5'-2" 5'-0" 0i - / /% L , - 18. PROVIDE e:' 8'' hIN. CLEARANCE ABOVE STAIRS AS PER N.Y.S. CODE. I Lz; ; r----.-- -\--- II. ALL. WIN001^12 SHALL HE PERMA-SHIELD INCU1DIN6 DOABLE- INSULATE..D GLASS, INSECT SCREEN, 4 .IA1✓15 EXTENDERS AS RECD, I 1 AS W UFAC 51' ANDERSEN OR EQUAL.AL. m 4-8I II I8-8" 2-21 " IV-4" 2-21 11 / / MASONRY OPENING / 20. ALL ELECTRICAL WORK SHALL BE BOARD OF FIRE UNDERWRITERS U APPROVED ,'.ND IN ACCORDANCE WITH N.E.G. REGULATIONS. o In ? ri ----- 23'-`x° 20'-8" 21. ALL PLUMBING SHALL BE IN S I KILT ACCORDANCE WITH THE N.Y.S. o N / BUILDING CONS I FWCTION CODE. I C, m 0 22. ANY DEVIATION FROM THESE PLANS WITHOUT THE WRITTEN CONSENT OF THE ARCHITECT OR ENGINEER HILL NEGATE THE °D -0" s CERTIFICATION OF THESE PLANS. EJ N 23. THE ARCHITECT HAS NOT BEEN RETAINED FOR ON-SITE INSPECTIONS AND / OR OBSERVATIONS OF THE CONSTRUCTION. 24. DO NOT SCALE DRAWINGS. WRI I IEN DIMENSIONS SUPERSEDE SCALED DIMENSIONS. z m r 25. THE OWNER SHALL SELECT ALL FINISH MATERIALS AND COLORS. w ��t 8 26. THESE DRAWINGS AS INSTRUMENTS OF SERVICE ARE AND SHALL cc ¢ w IX REMAIN THE PROPERTY OF THE ARCHITECT OR ENGINEER WHETHER o 0 0 IX Lai U �� THE PROJECT FOR WHICH THEY ARE MADE IS EXECUTED OR NOT. CL >- THEY ARE NOT TO BE USED ON ANY OTHER PROJECTS OR EXTENSIONS nZ SCALE= I/4"=1'-O" TO THIS PROJECT EXCEPT BY AGREEMENT IN WRITING AND WITH Z L11 APPROPRIATE COMPENSATION TO THE ARCHITECT OR ENGINEER. PI o 27. THE CONTRACTOR IS TO PROVIDE PROPER SUPPORT AND /�` H UNDERPINNING AS NECESSARY OF THE EXISTING CONSTRUCTION � THROUGHOUT CONSTRUCTION OF NEW FOUNDATION AND GIRDERS. " / o / 25. .DOUBLE MICROLAMS TO BE NAILED TOGETHER WITH TWO (2) ROWS 04 Ut 160 COMMON WIRE NAIL AT 12" O.G.. 0 I O 21. ALL TRIMMED AND FLUSH CONNECTIONS BETWEEN JOISTS, POSTS, OR u RAFTERS TO BEAMS, GIRDERS OR STRUCTURAL MEMBERS TO BE FASTENED USING GALVANIZED METAL HANGERS BY 'SIMPSON STRONG Ila •=11 TIE' OR APPROVED EQUAL. Q I RIM JOISTPI .....4 23•\ HALL STUD ---T----... -/!1/ 30. ALL CONCRETE SHALL BE NO LESS THAN 5% AND NO MORE THAN 1% ' Q 1E•END `. .� AIR ENTRAINED. l GALV. METAL WASHER LENGTH 0 r**/ z ZY1154 Ed . 'L., •,, '. MIN. 3" SQ. (MODEL 'BP') I/2" DIA. x 12" ANCHOR - 1/2" DIA. x 12" ANCHOR : ���. • II J.1 BOLT ® 23" O.G. ` .. I " J" BOLT ® 46" O.G. II ; ,O ^ • ,.,:.•.. ._::�_,:.:�s_ ...:, .....:. ,... . y .,_ ,.., (MIN. -1" EMBEDMENT) Illtry "e� (MIN. 7" EMBEDMENT) t 00 2-- 1� Q GALV. METAL � �; � Omni 0 (2) 2 x 6 G.G.A. ATSTRTACHED W/ (4) . • �, SILL PLATE (B NAILS AT �=�% • LEGEN o BOTH ENDS. .• . 10- (2) 2 x 6 A.G.Q. » ' ' 0 Q FOUNDATION SILL PLATE ........�...,... U WALL %7- „<? "� NEW CONSTRUCTION d w D w FOUNDATION VF. -'- SEGTI ON MARK o cr O '°� WALL - - - � 2x8 a. M-: m .1 F/W07/,�� � FOUNDATION HALLS "R.R �, FRAMING NOTATION ANCHOR BOLT-WASHER CONNECTION @ 23 O.G. GARAGE STRAPPING DETAIL I_ - _ __J \ e Ib O.G. SCALE: N.T.S. 0 SD SMOKE DETECTOR / EXHAUST VENT MODEL " BP " BY SIMPSON STRONG TIE SCALE: N.T.S. / ail a. X POST ABOVE 0 Z OF 7 V) 44'-0" Cr LTJ .(.....) Z ^ � ...... a __i 0. ?e4 0: 0 / /- __I 1 >_. O zo A 4'-l0" / 4'-6" / 4'-b" / 10'-4° 10'-4" 5'-5" o 4'-10" I'd CLV i ,,� .,� _ - _ 6068 SLDFi Cf 6,-5., 1.-L.1 cn U Q � ~it �` \- \ \ TW-3i34b•-2 TN 2436 (/) vi �iI4 v 1} Ca LL-1 co �t \ TW 3062 TW 3062 TW 3062 /IP' \i TW 2436 r+ (4-144) ~ � ,' 3-I/2°x 5-I/2"6LULAM / iill-----1-4". I �`�' 2,_2,: . 3-I/2'x q-I/4'6LULAM _ r - ' _ m I__ N:. C7 1- - -� �, _ - MASTO = / w = zR B,4THROOM 4 GL.A m 04 5 N Ol\ m u I I-3 '� m N Li �R �K1- 5T —�' je_____ 0 12'-a" 2fi i N., i0 MASTER BEDROOM ,,, ,''moii x0 W FW LIVING ROOM o o KITCHEN I BEDROOM il a s r 5'-°" u'-b" o `° Z wo u / — " 9 SD 9 5D 0:41- 41-0" m4 x 18-2 \N I d; 2 10 RIDGE 09b 4/ /tiP " o 4 -� N r26 ZSZI I I I O 5D 'N �\ ryo x�0. IDG3 4 / �► �� / / 4 BATH. 3'-0° 2 x TO RIDGE \ \' -It 5 b } -0 3-0" 10 41-0° 4' ' 4 %" 4" b'-0 2 x 10 RIDGE -r ' (2)2 x 10 Q- 72)2 x 10 / - / ' Q / .066.„ --- - - _ 1 "; N � - - / _ u - us-� Obi W IP N\` 8 SROM ABOYF �;o • LAUNDRY 0._,„... .... _ \- 1 —� j1_ _ � D / 45-ROOM ois. 0 4 t.f.,1 o 5D 115 i ..,,,, I N I4 PULL-Dom r-- .: OO - o , ,x X 3-1/2' g 1/4'6W.Ar1(FLUQ) iI \ 14R STAIR9 ki ---2_ASDQ co :li , 111 IT: I UP Q d w `� ►� U -�1ef° - - ' 1 - �� ��R, l ct e IV ' ` �` bs 40� I fid' ,,. "'�+. 14R ° �o o -�° j1_3-1/21_x_q EI � � b / / -4 �,x1 o o O 5D x o I/2'61 ULAM (I / �'I s GL J , o �,': • ', °�"O SDcsi - / ` � - y rh 11_11 TW 2045 v o `r ® / \%� • - 1 10-8 •O • ,Sy r ‘3DINING ROOM �'/ ry; SD e� — obi I \ 70 If9 1, I I ,..4 • "� Vo" GL. o.11 ' ° I GARAGE = e'-o° �� BSD OOM� _� NIG .� LICENSED,,V n - _� 3�/2'x 3-10.1— 2O-0 `r // �k 2 x 8'G.J. , \./__ u�I • 2 b PA/2' POST � `� �"/ ^� v W.I.G , _\ \ ' .` �2)2 X 10 `_ _ - 3-I/2'x IS'GLUCAN f / ;�/ ® I b O.G. u 4 o Q `r, _ FYJSL 14b8 TW 3062-2 � -- - - p-I/2ARALLAM P05T t _- t—". ■.�„■y I6'O.G. o Ib/ 8.:R L. , II' U /"� �j o� - 10 40 �d- C5 _ • v- to a� :fl k O I N - _ -----____-- - _ TW-30•.4-2 W/ I � O o -� o _ / 4 __ —'j i m I x o x o Icy X \ \ _ - ----_ -- -•-..'1 GT eo-2 ABOVE \ "1 2 X 8 " A viz. / "I - - _ _ - 3-1/2"x 5-12"SUJLAFi = # (�1 - - / - " - - 7 / I 2 x 10 G.J. I _ _ \ \ d 4 _ — 0 16 o.G. U L - i' ° 2x8RR. ` I 2x8RR b. - + � I ` :J. AiM \----716"0.G. ` 0 16" O.G. in A-3 I A 3-I/2'x II-7/B- - n 1 ---16'-0x 7'-O'GARAGE DOOR------- O ';j m L_ J Z Il I I II Q Gi 2'-8" 2'-0" 4'-4" I i l M v) U / 5'-q" / �'-il" 5-O" - 4-O / 5,_4„ _ o in 5���� - / ---f rn o f 4'-fl" I S'-8" l0'-4° " 4'-8" b.-4.." / 10'-8" - s'-o" / 10 4 / -- -10'-0" m / f �'- f 38'-8" 0 m -- .11 / 1� f---.-____- - / Z m }' O F f ILI re < WciI a w a o 0 0 C >– I R 5 I" 1- c, of:R. ELAN SCION1:, LOR ® ` , CD o 0 ' ` >=11 �.,� c� (15, on tw ill< 1 Z O HEADER SCHEDULE �a O gg �..0 C4 0 p i11 ALL MATERIAL POR WOOD FRAMING TO O HAVE A MINIMUM fb OP 82'.5 P.5.1. o NOMINAL LUMBER SIZE. 0 �] Q t SPANS. • `�i mmal Z (2) 2X6 UP TO 4'-0' p < Inamo (2) 2X8 4'-0' TO 6'-O' V 1� (2) Pawl 0 2X10 6'-0" TO 8'-0' o O (2) 2X12 8'-0' TO IO'-0" o POSTS SHALL BE 4X4 (NOMINAU �1 Raja 'NOTE, ALL SIZES GALLED OUT ON ANY OP 0 THE FOLLOWING DRAWINGS WILL SUPERSEDE a U, THIS SCHEDULE. tL O Z i OF 7 for rimatatawarsememmemEmffiwiNsa V) ROOF CX k VENT W Z M • • Z ^ � U J a. a c . o g o Qz 1)1+ R BATHROOM W ce ti- IAA BATHROOM 2 - - 2° i- ; i _____2:. I I —� _ 0 LAV LAVI ILAY M li TLTI TLT I 1 1 1 I 1 1 LT WI = TUB . TUBIN 5M 44C2ND FLOOR ` I ' -- 2 2 3" 2 2" 2„ 3" 2" , J^ N N LJr_ M 3 3" CONTINUOUS RIDGE- VENT Y W z 2 x 10 RIDGE N z M W: KTCHEN 3 DATHROOM I 2 x 4 COLLAR TIES N I2' 2^ ® 48" O.G. RIO W.M. I SINK TLT LAV TYPICAL OF CONSTRUCTION: l 1 1 1 Irq I/2"GDX PLYWOOD 240# ASPHALT ROOF SHINGLES 4 I5# FELT PAPER \ 't IST FLOOR c._ 71- [FT- i i i M 3 \ W 2 X 8 ROOF RAFTERS, 16" O.G. f 2„ 3„ TYPICAL C LING CONSTRUCTION: i.:. . . \� i 2" 3" --- NEW 2 x 8 G.J. 16" O.G. 3h�n 8" R-25 KRAFT FACED "``" BATT. INSULATION a �� t•44, G.O. G.O. I G.O. I/2 GYPSUM BOARD 7STT I G A II I �� ,�j CEILING /:,e. 4I a TO SUFFOLK I II� A1[t��►�, .� Ai� A� Eil — _ ,� j COUNTY APPROVED SEPTIC SYSTEM • _ ` It" J 4"G.I. TYPIG1. 01fERHN6 CONSTRUCTION: .4 �1 GRA" SPACE I'-O" OVERHANG ( .9.AVA!i!�!i!�!i!i!i!il?iLl�.e��i!i. ARO i!dil��i.. ,1u/��QiLli�i�i!�i��!fe.VA .1.i!Q�ldil�!u!i!i!i!i!i!i!i!i!i!i!i --- lis 1 o O _ f s Ixb WOOD FASCIA — �„ PERFORATED VINYL SOFFIT •: 4 - — �+' 3 ,�`;! 4 PREFORMED ALUM. GUI IRS O'a - ._ ��a�s `.�`'�' re '� TYPICAL k ALL CONSTRUCTION: MASTER ___- > __ ENV.- 'LUMB I NO RI SER ' I ASRAM NEW VINYL PERFECTION SHINGLE SIDING BATH I I BEDROOM Q TYVEK HOUSEWRAP GL. MALL le - . aI/2" GDX PLYWOOD ;; - O-� c) 4 a.N.T.S. 2 X 4 STUDS, 16" O.G. i - -(2) 2x4 TOP PLATE, (I) 2x4 BOT. PLATE ' w 4 -�� all O 1 3-1/2" R-I5 BATT INSULATION a\ s 12 '�1/2" GYPSUM BOARD INTERIOR FINISH rl - �� cc m ii �-`8 O SECOND I` \` FLOOR--a d TYPICAL FLOOR CONSTRUCTION: ►E ?xSc> - - o FINISHED FLOORItN5 AS PER OWNERTOP-OF 3/4" T. 4 G. PLYN4OOD SUB-FLOOR GLUED 4 ►� �I SCREWED TO 2 x 10 FLOOR JOIST @ 16" O.G. 0 - -- 1I,-0PLATE R-25 KRAFT FAG.ED BATT INSULATION 4 _ .9106. 1/2" COX PLYHOc,,D k ` TYPICAL SILL CONSTRUCTION: I DINING (2)2 X 6 CCA SILL PLATE k LIVING V I NG ROOM I a7 ALUMINUM 7ERMITTE SHEILD - SILL SEAL INERMITI TION -ROOM a - • 1/2" ANCHOR BOLTS, 6'-0" O.G. . C (MAXIMUM l'-0" FROM CORNERS Z g m • NO LESS THAN THO (2) PER SILL) ¢ o SUPPLY ICE DAMN SHEILDING AS PER SECTION Rc105.2.7.1 • 'TYPICAL FOUNDATION W,4LLs i����ii�i. ev:!���ii•1.17i' •i' ' 'NU ' ' ' V ' ' - 'it 'AA A' ' '1 RA . ' ' ' 'ii I-OR m • o ul OF THE RESIDENTIAL BUILDING MEMBRANE WATEIRPROOFING OVER , :�e -' I ci CODE OF NEW YORK STATE. 8"x 8'-0" POURED CONCRETE FOUNDATION _ A �y Q N WALL ON I6"x12" POURED GONG. FTG. ` \\"\`" \� ,\<' \' ••;;‘,.\-: \ < GRADE `n ffi C? REINF W/ (2) #4 i EBAR / // /// // ///, .� ///, /i /\�/ /\/��%//\////\% �j ao /ice i�• B �M�NT /\��/\/�i i\/\/\/,. \ SEE DETAIL "52" -- -- /�/�\�/ /� �/�/ : \ /% �/i�/\/� .. / / //\�\j�4 j // m ON PAGE A-6 /11 /� \/j\\\//\//j\\j\ \� \j\\// 7 /�/%<- //� i / / / % //j /moi \ \i \% \j ,.., : .. j/j \%/\\%\ \\ \ \j\ \j\ ; �/\s\%\%/\%/\ \ /\ \%\ \�lit / /\j v z 8 \ ice\max\\ice\\rte\\i�\�.�\\\���1����\\l�\�i\\\1\ /�\\iL\�i»��\i�1 ; \\i, /X `\\i��i��1 \/;\��\\�iX /ce\\ice\\i\Z.�\\�<\ /X / /�\\ice /�\�i��\/ a. 0 0 0 IXi 1 •„• EGKING OVER GGA ---jr--- ›-2x6D s E C T I O N IIA _ A II • LL DECK "2x" JOISTS ®I6" O.G. "2x" LEDGER BOARD 4"x4" SOLID HOOD (SEE PLANS FOR SIZE) - . POST (PRESSURE TREATED) 1/2" LAG BOLTS SCALE: 1/4"=I'-O" Q U 16 O. • >14 •0"fto., (4 I- G. STAGGERED z Q )( BVI ( n lid � 414 1 (2) 2"x8" FLUSH HDR. Z 1114 en (44 W/ (2) THRU BOLT ® m1/ -T-4, >< EACH POST (PRESSURE r\\r\\\.:1 /, 1r'\\ \r\\ \ \\ \ \ \ \rY,\\/\\ \/\\r\ \r\ \ \ \\r r\ \ \ SIMPSON POST /\\ \\ /\./ /\\ \\ \\ \/ / /i�// /i�/ /��/i\�/i�/i�// /\/ /\/\/\/\/ / /\/\\ /\/ BASE OR EQUAL r /i\/\\/4 / %\//\//\//\ PROVIDE GALVANIZED METAL JOIST// /• \/\/\// / \ \\ /\ g(14 ' TREATED) ,\\ \\ \\ \ \\ \\ \. \. \. \. \. \ \ \ \ \ \ \ \ / // // , // // // // // Y\l'AI RS ® EAGHJOIST/ / / / // // / // // / // // // / 0Z • 'l PI >\\r\\/\ • \ \\ \\ \\ \\ \\ \ \ \ `3/8 DRAT NAGE GAP, . \\ \/ / jj1 12" 44 0 DIA. CONC. FTS. TO / �/ 7/� - a . // // // // // // // // / ,., , ,, , ,, , , , <, , ,, , , \/ / / / \/\ \ <ALUMINUM FLASHING\< /\< /\/\/\/\/\/\/\ \ \/\ 3'-O"(MIN.) BE:LOWGRADE •,,,,\ .\\\,\ d • \ \ \\ \\ \\ \\ \\ \\ \\ �\. \. \. \. \. \. \ \\ \\ \\ \\ \\ \\/\\ \\ \\ \\ \\ , \\j\\ \\\\\�\\\\\\\\\\ \ \ \ \ \ \\ \\ \\ \\ \\ \\ \ \ \\j\ \ \ \ i . Plessil 0 . /\//fi/ // // // // // // // //�//�//�//�//�//�//�//�//�//�//•////'\//\//\//\//\//\//\//\//A\A\//\//\//\//\ <I "II i. pO :=. i:: Its a • .. U < o . CX ui -r-1/F . 1:7EGK SECTION IIIIIIIIIIIIIIIIIIIIIIIIIIIMIIIIIIMIMMOMW SCALE,3/4" =1'-0" irtil 0 z Vi-; • OF 7 • . , . . . . . . . . . I \ . _.ri 1-; :-1 Z? - ? _ il I -ii X (n - ------- Ns, __ IX _ _____ \!..• _ . __ La _-- ___ _ _______ _ _ _ _. . .._ = n , --------- -----_ _ . • Z (re (I ' , ------ ____ _. . :trt ________ ____ T... ...,1 ------ _ _ - (4.) _______ _ _ -- _ -- - - - - ._.._ _ __ _ --_ _ -- - _ ____ ... - --- ____ _ - - - Me CC II- __ 0 - /\ .....) l >-- _ __ - --- . • V) _ _ - - _ CC--. - • ---------- -- - — -- 0 z Q ____ _ >-- _ Lai ci d 240# ASHPHALT CX cr = > 0 -- - ______ _ _ ROOF SHINGLES . — I-1-1 _ Ix am . .._ _______ - __ _ __. -- -- - __ -_-_-_ IT 240# ASHPHALT CD i -- ---- ----- -- -- ROOF SHINGLES 1.1.1 0 m 6 — ___ < i_ - _ ----- _ _ -- —— ______... aing, cn W CIS . __ Lo.. ______ ________ _ _ __ _ ___ __ __ _ _ - ---------- _ m 1 ___ _ _ _ .___F__ - - = z VINYL-GLAD ----- ---- -- . - W WOOD WINDOW I II . .____. _____ .__ ------- -- ---- __ r_____ HALF-ROUND ________T-1 _ ___ __ . _ - - -------- -11-1 . ._- - ' - . . - 12 M 5 roN lit, GABLE-END ROOF VENT 4" CORNERBOARD __ - _______ _ EXTERIOR VINYL 5IDINS - ---- - • r•-•_ ----- __ ___ _ ---- - -1- --- \I2 _ _ Hi F--1 EXTERIOR VINYL SIDING - - WI _ ------------- ____ ___ --- ---------- ________ --- -- - = CT w7lik LaJ-- __ w ---- -- _- ---— (4'') EXPOSURE _ ____ 4" CORNERBOARD ------- ----- -- --- • I-Li IX z - _ ____ ______. ________- • ---- . _ _ . ...________ _______. . _ .. . _____ ______ __ _ - - EXTERIOR VINYL SIDING _ 14) = _____ ...... .. - - ------ (4") EXPOSURE 240# ASRPHALT ____ __ _____ -- - ------------ , = P° ROOF SHINGLES - _____- • __ __ _____ _ _ ------ --- _______ --- - _ . -- LLJ ________.._ .1•MIONOM!•••••...11M...., ' ' I -- --- . . -- --"-_.. -:------:__ -----I-.7--- --- .. - --- - .- - ___ - - --. --- _ -- --- . ---- -- ---- - - ---- _- -.----r- - -.-- -- - --- --- -- ---- -- ----- - --- -.----- --- - --- 1-0' -- -.-- - -- - - _ vi_011, - . ____ 7 ___ - 7r- - _____-_-_-.___"-_-_-_ -_-____ - DI DI VINYL-CLAD TV RNCRAFT POST ------- ----- --- -4.111 - - ------ - - --- - -' WOOD WINDOW _ - - --- - - 11 - -' -111 - - H , . 2 • \ F-<Er:4 ' 4 , i i . ---- - , _ . - iI 1 -- . - ___ - - --- kr' ENTRY POOR ' __ _ _________ 1 . - 1 • -- -- _ _ ---- _ - 1 11 ,--- ---- ---- _ , r_i -1 16 x s GARAGE DOOR ' 11 I__ - --- - - i__ ri___I _ i ]. I 11 _ 1 _ ___ 36" HIGH RAILING ...J 0 [ . r o -- --- -- _ _ ___ rt_ 1 - ------ _____ 1 _ __ _ 1 f - _ __ L _____ ____ c _ _— i_ 0. • - . r,p , fi II 7" 71-7- r r______ _ _ ------ ________ )1 ___ L.!): 2 _,. •, 4. ,. 1 I I I I I I I I I I I I I I 1 1 1 1 . I Li LI ___1 Li Li /-1- I - - --- __ ._ _ _ [ . . • i. _ _ _ L_ I 1 I I I I I I ' '.(3e::...i.',4 :m.-4':11:-El-M44'S-10:1:-6 6..eif.;1.!::',I II I I -- — -1-1 t4. I FL I _____ _ -- — ' L _ __ _ _L L _I M k GI i 1;ZONT 1.. \.( AT I 0 N fR E A R. E LEVAT I 0 N I < • . SCALE: 1/4"=I 1-0" SCALE: 1/4"=1'-0" I---1 , I Li I \-- I I I r ,, \ .. . , ___ _ $_*. cs . 6- m • z 9 _____ _ . ci Ilh:1111116.1 cn V_ — _. / .._ _ - - 0 cn----- ------- ------ ---------- _ - -- 01 ---- -- .. 1 -- - „___ _ _-_____, - [Id - - - - -- _ _ I- a co .• ___ __ . _ _ ___ _ _ _____ (3 __ _ _ __= ___„___=, --- ---- - - ' I 4” GORNERBOARD 0 r- 171 •:c _ ------- -- ! __.___________________ - ...-- -- - ---- _ , fX < Lai IX - -- - ____ ------- CL CI CI 0 IX , , __ __ _ _ _____ _ - -- _ --- I - ill _ _.... vINYL-CLAD --------- - - -- - _ _ - HOOD WINDOW _--- 7,zji_.'• - --- - - _ ____ ______._________________ __ •-.., _ --- -, )\ __ _______- - -..i _ 240# ASHPHALT - _ („_(__( __ ______ _ - - - - - _ - - ROOF SHINGLES _ - -- _ ___ _ _ powiti% ›"111 112__ __"--- isoff4 en -------- -- ----- ---- - ------ - ------ ---- -- 1.: --- 11-0' _ - _ / oil ___ ___ _ _ _ _______. _____ p .____ ______ ...0, _____ 1 tom,1 0 _ _ Re •— — EXTERIOR VINYL SIDING __ __ - -- ------ - - ,- 1 44 cr) _ . _. .__ ._ __ ____ (4") EXPOSURE ---- i , , - - - -- - ---------- - -.... _ ____ --- - - - --------------- - EXTERIOR VINYL SIDING 1184 Z _ _ _ _.____ . - ___ __._ __________ _ _ __-_-1______ _ (4") EXPOSURE U I , _ _ . . _ _ ___... . _ _ Z iaLl en 0 TURN0RAFT POST -- - - , _ ------- - --- - 1 I - m• _ _ __ ___ _ _ VA . _ . _ __.._ ..___„____. _____.______ -- - - - - - 1 --- L _ 1_1 ___ __ _ ___ _ ___________ _ _ . _ _ _ ci 04 C.4 0 11==i ___ _ , N. 7______._________ _- ______________. __ _ ____ ------- t=1 0 1144111100 < _ ____________ - __. - ---------------- 36" HIGH RAILING --------- ------ ----- - ---- - __ -- - _ ___ _. _ _ ____ _ g wi Jr0 c,..4 _ _ __ . ._ • _ - - -we 4" CORNERBOARD - ----- _ ____ _ _ - ) . - _________ _ .____.____ _______________ __ - ------- • - _ _ ------- Z 123111 FA 11 -- _ _ 1 mj FA I I- I 1 il< Ill" 11A . . _ _ __ _ _______ -- I I II I I 4V•igmal•••••• ••••••••111.110 nil 0 I I I I I 1 . _ _ _ _ L 1_ I II -1-1 r'4: 'wail __ ..c v..: 1 r I_ _i 0 W --i- La --3 < rt° , I I I I I I I I CL Ejj . . [ I - II 1 i . II —FI— -17 , . L 7 5 I I.:1 E E LVATION FR. I H 7 SI I:, E ELEvAT 6 I SCALE: I/4"=I'-0" SCALE: 1/4".1'-0" z N. . 0F7 . . cn • , ._•, . -___ '1 xi nares P MOMIMINDAMIN6 41..... ............ 3�_• v AC:3) (:) 17) ==== ,..-.-.•--.... ••••IIIIIMIIIIIMIN NV E7 E . r, „ ,,i U n T � CC 0 CX STAGGER JOISTS 4 IN. OR CD z SINGLE OR DOUBLE USE SPLICE PLATES W ix z TOP PLATE CUT PLATE TIED WITH 25 GAGE SEE SECTION R602.3.2 \ ..-c• STEEL ANGLE OR SOUIYALENT 4 / . � � TOP PLATE "''_ :4 I/2” STEEL m �- m F FIREBLOGKING HEADER CONTINUOUS RIDGE VENT / PIPE COLUMN CO O AROUND PIPE SEE TABLES R502,5(I) (TYPICAL) W U JACK STUDS _ AND R502.5(2) MIN. I" AIR SPACE m r OR TRIMMERS BETWEEN 1/2" C.D.X. SHEATHING ce AND 2 x 12 RIDGE .�� `•� m �� STEEL BASEPLATE W/ STUD WALL STUDS SEE SECTION R602.3 240# ASPHALT ROOF SHINGLES � (2) ANGHC�R BOLTS CX ',{.� / 1 / ON I" GROUT BED. �[ („a,Jl � z I/2" G.D.X. PL T WOOD SHEATHING, BORED HOLE MAX �c 0 N Q DIAMETER 40 PERCENT \ 2 x 12 RIDGE � M OF STUD DEPTH SOLID BLOCKING TOP OF 4" P.C. SLAB 5/8 IN. MIN. TO EDGE BOTTOM 2 x 10 ROOF (RAFTER PLATE FLOOR JOISTS 5/8 IN. MIN.TO ED 7 SUBFLOOR '4 f - --- - N 2-9 FOUNDATION � . �i — - - - - I E WALL r � PPL \/\\/\ t a ,/ //\/ `"� Q SILL PLATE — L `7 GR // /�` ° a gl ° �\��\ I TO TURN O �OOTI NB `�1 w — -- — — I SEE SECTION IR \ \ \ C---I i_i- ] r \ v�I _ ���/� ® J ® /\/% REINFORCED RECOLUMN D SEO PLOW I FOUNDATION �- — — — — HALL STUDS \/ //� ° a %�\//�// C•,,, NOTCH MUST NOT '� EXCEED 25 PERCENT " ' //\/\/\/\/\/� /X/\/\// // %/ / OF STUD DEPTH ANCHOR BOLTS EMBEDDED IN I IN. BY 4 IN. FOUNDATION 6 FT. O.G. MAX. _ �i'ilZ;BORED ►OC SH� IF HOLE 15 BETWEEN 40 PERCENT AND DIAONALBRACET'�' '. ( I�C D TA i 1..... t� TA I �._. 01= rYPIG/4L COLUMN BP�SE y�NOT BE LOCATED IN THE 60PERCENTOFSTUDDEPTH,THENSTUD LET UDS �_SAME GR055 SECTION OF MUST BE DOUBLE AND NO MORE THAN TWO CORNER AND PARTITION POSTS _.-->.r - _. ., - .. . _.. , . : ,. ,,.,. ',;_ �TGH IN STUD ED AND 5C) SCALE: 3/�4" =1'-O" SCALE: I" = I'-O" NGUT OR NO SUCCESSIVE STUDS ARE DOUBLIbail II.M1 BOREDII ; , P. APPLY APPROVED SHEATHING OR BRACE EXTERIOR HALLS WITH I IN. BY 4 IN. BRACES LET HOLE LIMITATIONS FOR EXT. AND BEARING HALLS INTO STUDS AND PLATES AND EXTENDING FROM e ¢ 4 NOTCHING BORED TO TOP PLATE OR OTHER I BOTTOM PLATE I ¢ BO1 SCALE: N.T.S. APPROVED METAL STRAP DEVICES INSTALLED IN tit. o ACCORDANCE WITH THE MANUI ACTURER'S m SPECIFICATIONS. SEE SECTION R 602.10. CC O TYPICAL. FRAMING DETAIL U SCALE: N.T.S. BIND ANE ,i SIDING � U ��I L �� 9,, NIT\N, TOP PLATES _ . �� IDT L/3 I I L/3 / Il o } I I FINISH WALL i — PLYWOOD SHEATHING • Su Z m � T--�I NO NOTCHES I Q o I-`— PERMITTED �I D -.. v I I CD in D/6 MAX. \� ,I� FLASHING i q ci N STUD , �_ —.,— I"x3" VINYL COATED WOOD CASING i • ki \V) • OF STUD DEPTH O o m DIAMETER 40 PERCENT \ M BORED HOLE MAX. FLOOR JOIST - CENTER CUTS _ 1 (TO BE REPLACED OR REPAIRED HEADER AFTER EACH INSTALLATION) 4l °d \ I"x2" WOOD SPACER 5/8 IN. MIN. TO EDGE 5/8 IN. MIN.TO ED2-I/2' S WOOD I I D/4 MAX. 1 i -/ SCREWS q" o.c. ` , 1 I r — INTERIOR / I,. Z D CASING �+� m }. iPREDRILLED FASTENING ��. i w z w I I HOLES q" O.G. '',,ii O O F cn ¢ I \ � ¢ w CC D/4 MAX. �. �r � a. o o v � p � C _� -� �-.4 I/2" GDX PLYWOOD �� � 'I, MAX. I ' NOTCH MUST NOT - OF STUD 25 PERCENT FLOOR JOIST END GUTS STRUCTURAL PANEL OF STUD DEPTH �- -�-- • D � � BORED 1101 FS SHALL MAX. D FROM z f NOT BE LOCATED IN THE ' I ~' ° I-- (CI ':-.)CROSS SECTION OF SUPPORT \ Fel GUT OR NOTCH IN STUD I I \,\ A I I I t \ � � 1. - D \ o' Q) 44 ► I I J` NOTCHED BORED HOLE LIMITATIONS FOR INT. NONBEARING WALLS > D/3 MAX- I FINISH SILL W 4 y �1 SCALE: N.T.S. i r (/2" COX PLYWOOD ` i I . .\ (g ��.+� q --�- JOISTS 02. �- STRUCTURAL PANEL LI RAFTER CEILING (8 6) I �,srooL i 0 EXTERIOR OR BEARING WALL Zn �, ILI PREDRILLED FASTENING ` • AV / HOLES qO.G.INTERIORrHifCASINGLi i perm 0 r< /1-1 NOTCH GREATER THAN 50 °° D/3 MAX. � ,� - °e i WOOD CASING � PERCENT OF THE PLATE WIDTH °° 16 GAGE (0.0054 IN.) AND 1.5 IN. WIDE DOUBLE SILL 2-I/2" 6 WOOD / ti� METAL TIE ACROSS AND TO EACH SCREWS ® q" o.G. 114 ""11 °°°• SIDE OF THE NOTCH WITH 6 - I6d ¢ ° NAILS EACH SIDE. II / ~ W I"x2" WOOD SPACER / ¢ I FINISH ` itxa. PIPE OR CONDUIT II ►\\ 11 2 IN. MIN. FROM TOP I"x3" WOOD CASING \`� AND BOTTGM OF JOIST I D (ACTUAL DEPTH) 7 Y ' � L • PLYWOOD SHEATHING TOP PLATES PIPE lift TYP. NOTCHING DETAIL. STRUCTURAL PANEL ATTACHMENT DETAIL WOOD STRUGTURA L PANEL DETAIL &,." 171 .. o SCALE: 3"=11-0" Z TOP PLATE FRAMING TO ACCOMODATE PIPING SCALE: N.T.S. SCALE: N.T.S. OF 7 SCALE: N.T.5. ,,ft amme:emammoR , !� ROOF RAFTER RAFTER TIE 0 16" O.G. OR FLOOR JOIST CONTINUOUS RIDGE VENT MODEL "CS2O" �� ROOF RAFTER a DETAIL ' R tt RAFTER CONNECTOR oirj ....iOR FLOOR JOIST 12' W ° °1 �o • 1z (2) 0 16" O.G. ° oo ^ o o MODEL " H2 ° °I RAFTER GONEGTOR U n :: // "2x" RIDGE BOARD ONE ° l Y ° 10 - I: T 0 16"SIZE LARGERTHANFTERS RIDGE MODEH2.5 "1LA-I ° o ca = e g i ROOF RAFTER I° o / LLI c o I / a o , , N \ 0 PLYWOOD DECKING AS REGID A ;� U %/i NOTE: THIS DETAIL 15 UTILIZED CO W o / 2x RAFTERS AS REGID WHEN WALL STUDS ALIGN DIRECTLY 816FLATE/ RAFTER. WHEN RAFTER AND STUDS NO if: THIS CONNECTOR 15 ALSO USED/ CONTINUOUS SELF ADHESIVE W N ICE DAM MEMBRANE, FROM ARE NOT ALIGNED USE CONNECTORS r; EAVES EDGE TO 24" MIN. INSIDE0 IN DETAIL 52 T ON THIS PAGE FOR CONNECTING THE FLOOR JOISTS N NALL LINE. TO THE STUDS ON A CANTILEVER. m N� INSULATION THE EX I I=RIOR L � � � / AS REQ'D DETAIL tt S �� RAFTER-TO-RAFTER CONNECTION 'TYP. EACH RAFTER RAFTER-TO TOP PLATE TO STUD CONNECTION (2) ® 16" O.G. RAFTER-TOD TOP PLATE CONNECTION ® I6" O.G. Z W `" -77-2 �I �� r. UTILIZED WHEN WALL STUDS ALIGN DIRECTLY W/ RAFTERS UTILIZE WHEN WALL STUDS DO NOT ALIGN DIRECTLY W/ R. Y W z s---()c) N DETAIL T BEYOND =_ __ SCALE: N.T.S. �_ _� __ z °; _ i -79 MODEL G520 BY SIMPSON STRONG TIE MODEL H2 BY SIMPSON STRONG TIE SCALE: N.T.s. MODEL H2.5 BY SIMPSON STRONG TIE SCALE: N.T.S. 2ND J _ -4 _ z X Ix6 FASCIA � �—� � M rL FOR T.O.P. 1 >< PREFORMED ALUMINUM WALL STUD DBL. TO• 40% \-IZL________-- , I I PLATE GALV. METAL DBL. TOP PLATE �z• '4411406,..\Nk ' � � ? PERFORMED VINYL SOFFIT ► STRAP © 16" O.G. ENDYn "2x" CEILING JOISTS \/1\/ I Al' VARY r/\ /\ 11% ATTACHED W/ (4) LENGTH ,+ AS REQ D I '. Sd NAILS AT BOTH / lomm ,- I GROWN MOULDING OVER HEADER END LENGTHS. ..y W 1 "IX" TRIM BOARD G ALV. METAL STRAP , BASE PLATE ..____---- -,,-- 4111111"11111b". :�j . �� ���I �_ 36 42 �'• t� CUT ln M w „ 1 ® 16 O.G. \ �,, ik-Lij & I DETAIL I L U (BE'>t'ON1�" MODEL " SP4 " j RIM JOIST ' • CLEAR ENr,TH T � ` Q : ��' SPPN f *4519' !( �'� } SECOND FLOOR N INSULATION AS REO'D s — SHEATHING A S REO'D �/ DBL. TOP PLATE 1 it.....�bQ �' ' ` ¢� ,� T ��1 % \ of 12' .•� s, ... Ilk I 0 (3)lOdxl 1/2' NAILS I ! _al SIDING OR STUCCO WALL STUD i EACH SIDE OF STUD i <. �� tAil I • SPEC.- ELEVATION JACK STUD 12' res . ti 1 1 AS SEE L I-� I .41 �� WALL STUD Provide r�lnir�u o 1' END .` A .� LENGTH �, ttEt+SE9,r" ' I I ' _.,. J r7E.t„, IL „ Y „ (BEYoND) end distance ,• • 2ND , .,,,x�,,, .., ,,,,e�. .".��..,,b.:,,���,. ,,,a..�,,,��,,ti.,....,,..",�..,��.,,I i a Equal number of o — j FLR LEVEL4)\/1 ^( specified rails In r Q 3 , DETAIL n IN n (BEYOND) eac{ endail i DOUBLE JOIST @ TIE DOWN • ` o I ��► I I I ' JACK STUD TO HEADER CONNECTION STUD TO BASE PLATE TO RIM d FLR PL 1ST / DOUBLE TOP PLATE T TOP PLATE TO STUD CONNECTION AT SABLE-END WALL @ I6" O.G. JOIST TO TOP PLATE TO STUD CONNECTION ® Is" O.G. `_ 11 MODEL " G52O " BY SIMPSON STRONG TIE SCALE: N.T.S. C� MODEL " SP4" BY SIMPSON STRONG TIE SCALE: N.T.S. MODEL "CS2O" BY SIMPSON STRONG TIE SCALE: N.T.S. M DETAIL tt Q t./ 0: N \ _.._. ,.. . I/2" DRYWALL ON —� �ETIL n 5 it DBL. HALL �,'•'_ I , CEILINGS WALLS STUD ® • . DETA L " T " DBL. WAU e GALV. METAL STUD ~ 23' ® . TIE-DOWN '� E 2x4 STUDS AT 16" O.G. .... RIM JOIST d i: N OR AS REQ'D BASE PLATE GALV. METAL o U e �i to U w FIRST I=L OO _1 TIE DOWN �. MIN. 3" SO.V. METAL ER BP') � o ,n , Q N 'ii �\ } 4. r o 0 : INSULATION AS REQ'D GALV. METAL (� 1/2" DIA. x 12" ANCHOR _ I i `r' COUPLING \ RIM JOIST J BOLT 0 23 O.G. Q m -, Mr; BASE PLATE �� �� �� � u � �• \�_- _ - Iii. ' .. (MIN. -1" EMBEDMENT) v tri Q ��� RIM JOIST j I� FINISH FLOOR ` III �� N AS SPED. DETAIL �� X �� N 1/ DBL. TOP ,��� . PLATE GALV. META GOUPL I NG (2) 2 x 6 G.G.A. • ..••a . ) : AS REQ DR DBL. WALL y . i I �� SILL PLATE STUD . • IST ,..,,,�.,,, �,�,.,.�,..�„,k,s.,., ��,,,...,,,.� �,�,,,..., .,. ..,,. ► �` �l J r m DBL. SILL i�, z °D �: FLR LVL ` I- ®' PLATE t-- 0 in I DETAIL 't Y �� ' 0 ''5= FOUNDATION 0 (LAz 8 DETAIL tt Z �� _• ®;, N WALL 11. 0 0 0 Et _ • .p fir 11.1 BSMT._ �!�� 1 FLR PLL( 2) 2x6 SILL PLATE :Dui , 1/2” DIA. x 12" GALV. METAL TIE-DOWN /IN 32" GALV. METAL TIE-DOWN /IN 32" iii P----_- ANCHOR BOLTS412) ANCHOR BOLT-WASHER CONNECTION ® 23 D.G. OF EACH CORNER OF STRUCTURE OF EACH CORNER OF STRUCTURE AND GARAGE DOOR HEADERS /"`"� �7 "2x" CEILING JOISTS @ 23 O.G. MAX. _ P` AS REQ'D ° ° RE1NF. CONCRETE MODEL " PHD2 " BY SIMPSON STRONG TIE SCALE: N.T.S. SGAL'_: N.T.S. MODEL " BP " Sr SIMPSON STRONG TIE SGAI >_= N.T.S. MODEL " HTT22" BY SIMPSON STRONG TIE �' I. ALL ...1 0 ri . , .. , . , , v , y f , ., w CELLAR __—_ d N I�-111-11111 =1_ _ WALL STUD --I--'-- N o i U } --111 — _ APPROXIMATE GRADE it4 en I I I i—I I-111_1 I �2' .MP 5 N —I (1-1 ( I I�— � —� WATERPROOFING OR ND LENG H _ WALL STUD I M , f:44 0 1 — I -=-1111---==: I — I - DAMPPROOFINS AS REQ'D GALV. METAL \ STRAP © 16 O.G. �0i''� 1/2" EXPANSION =1 1—III—III=III—I ASPHALT COATING (TYP.) ATTACHED W/ (4) �� /> 0 JOINT MATERIAL - — _ —__ _-_ - Sd NAILS AT BOTH .� • e � - •, SALV. METAL 1�, ` izatil U STRAP 0 16 O.G. 4 , 0 1ST "... i II I I II I--1 ENDLENGTHS. END N------ :vii —iii—ii==--iii LENGTH FLR LVL • RIM JOIST I I "� r # /� ��� - 41[5:01.L. i• 12" GRAVEL COLLAR 'f r, BOTTOM PLATE 44 El" 4" GONG. SLAB W/ I� • Wil".4".11/6.. #10/10 W.W.F. -� ' '6 x %,, i i o o = 2x4 KEY WAY .�� �• - 0 V1 VAPOR RETARDER >4.....-• \'• °< 1921111 * � � • � �I � �• i� ,\ � RIM JOIST ::\.'��!' .!i.. ?�, !��i. . , I # RS CONT. . : ~ J %�ii %/ VIII 3" PERIMETER DRAIN W/ v I`�� a • LI FILTER FABRIC • • `� 1,111111.0- � � � ��� UNDISTURBED SOIL SEE FOUND. PLAN DBL. SILL PLATE P •• �- PROVIDE STRAP I u' , - •.• © EACH FLOOR JOIST TF . WALL SECTION •••• ,,,,,, 1R:r r., .6 , TWO STORY H/ CELLAR SILL PLATE TO RIM JOIST CONNECTIONZ 0 CONNECTION FROM STUDS TO RIM JOIST ON CANTILEVER. (WHEN STUDS DD NOT ALLIGN W/ FLOOR JOISTS) o SCALE: 3/4" =I'-0" z "LTP4" BY SIMPSON 5i RONG TIE SCALE: N.T.S. SCALE: N.T.s. GALV. METAL STRAP @IS" O.G. (MODEL " C52O") MODEL " G516" BY SIMPSON STRONG TIE OF 7 N ♦ I 1 i ♦ N 1 •• V Laie AIM. \AMMIMM 12 0. CG r t- .1111111 p Z _ _ • _ }. - IX LIJ Ce z _ _ 240# ASHPHALT O T_ _ ROOF SHINGLES W 8 a * 240# ASHPHALT C' - - ROOF SHINGLES r WW O 1�- V3 NMI 1-0„" �^ m 1=0110 '''‘ W COh 5 W e — _.. .. r,,-- \/INYL-GLAD i 11, ;-°",i' , CO U Z 111 lull U. WOOD WINDOW 111 I �,,, Awl —� /" 12 HALF-ROUND rNj U I l i �� iii ME Q _ EXTERIOR VINYL SIDING Jill— _ - �� GABLE-END ROOF VENT - 4" GORNERBOARD m n (4") EXPOSURE Ij 12 (/.� r i 1 Z I 4" GORNERBOARD _ (4) EXIPOSURE VINYL SIDING W ,�i W EXTERIOR VINYL SIDING Z M 240# ASHPHALT (4") EXPOSURE (� cv ROOF SHINGLES W M _ / •IIIMMINIIMMINW I LO I LO ____. ` TURNGRAFT POST ® ® MIEN - co =_En _, 1, VINYL-GLAD MIMI _ 1 - 74 — _ WOOD WINDOW 1\ ' 3068 I NSUL. - -ENTRYDOOR -- - vi . i I 16 x 8 GARAGE DOOR = 36" HIGH RAILING ..1 _ !I - - _ ® ! _ - - — ,424- :fie.` w - /�r'4a» n�~�n�gym, 'q A�� ..F. __ ij -x, I I I 111)T N1 Sy 4'4'•A ",�*-v.il) : 1 r-r- lag- I I I I I I I I I I 4, ,' N .„ d-- ii -i IT LJ � .era 1 J L _1 II I I I a Lil I I I 1 n —' - - - R l J • L SONT ELEVATION' REAR LEVATION 5 5 SCALE: I/4"=I'-O" SCALE: I/4"=1'-O" . I� I , • ' f- a • It :1 Q ♦ •• d $:Z • ; CO 0 • Ilk U Ail I\ _ — — O N 8I /12 _ GABLE-END o O V _ {• ROOF VENT m 0 al fh co —_ --- _- ___ -— 2404* ASHPHALT ROOF SHINGLES r'/' d } Z m _ _ { Um -- 4" GORNERBOARD O --- 111.1.. Q w re - n. o 0 0 Ct - ' VINYL-GLAD HOOD WINDOW ill ) .....______ -_ - 240# ASHPHALT _ ROOF SHINGLES ___ „ >14 or.% •—) _ 2-0" M - II_^M I Mmili S yl - - i 1 (4 EXEXTERIPOSURE VINYLOR SIDING ( '� El ._ . = EXTERIOR VINYL SIDING I�1 M � _ (4") EXPOSURE O - I - - iI '" TURNGRAFT POST - Z ILA M 0 _ w I I • = - 0 � aa r \ _ � ® _ 36" HIGH RAILING • - 0 Z- 4" GORNERBOARD } - _ ,may IA o. , :-. 000�no�oo0o0no00000000nonnoao44 III" V4 _ MIII -7''''' 0.11111 0 I I I I I 11‹ 11.4 -- -_ l_1 I— J Il- —- - - i a I I T �— ,-- MI N a I I I I C VI (-L II - - - - -LI L J E- -71- H L- _L J 1 0 co 4 ESSI r, , E ELVATIoN - IRI CST 5I oLVATJON . LT SCALE: I/4"=I'-O" i b ' SCALE: I/4"=I'-O" Z OF 7