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Home My WebLink AboutTR-6487 James F. King, President Jill M. Doherty, ViceqPresident Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 53095Route 25 P.O. Box 1179 Southold, NewYork 11971-0959 Telephone (631) 7654892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD CERTIFICATE OF COMPLIANCE # 0369C Date: October 10, 2008 THIS CERTIFIES that the demolition of existing dwelling and construction of new two-story dwelling on piling foundation with gutters, leader and drywells, new sanitary, pervious driveway At 3350 Park Avenue, Mattituck, New York Suffolk County Tax Map # 123-8-22.2 Conforms to the application for a Trustees Permit heretofore filed in this office Dated 09/26/06 pursuant to which Trustees Permit # 6487 Dated 11/15/06 and was issued, and conforms to all of the requirements and conditions of the applicable provisions of law. The project for which this certificate is being issued is for the demolition of existing dwelling and construction of new two-story dwelling on piling foundation with gutters, leader and drywells, new sanitary, pervious driveway The certificate is issued to NANCY R. ROSS owner of the aforesaid property. Authorized Signature James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghos±o, Jr. Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 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. INSPECTION SCHEDULE J Pre-construction, hay bale line ~9~(~x~00~ __ 1st day of construction /~r~enclti~Ctmeplete, compliance inspection.10~/~o James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631> 765-1892 Fax (631) 765-6641 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. INSPECTION SCHEDULE Pre-construction, hay bale line 1st day of construction /constructed roject complete, compliance inspection. BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 6487 DATE: November 15~ 2006 ISSUED TO: NANCY i~ ROSS PROPERTY ADDRESS: 3350 PARK AVE. MATTITUCK SCTM # 123-8-22.2 AUTHORIZATION Pursuant to the provisions of Chapter 275 and/or Chapter 111 of the Town Code of the Town of S outhold and in accordance with the Resolution of the Board of Trustees adopted at the meeting held on November 15, 2006, and in consideration of application fee in the sum of $250.00 paid by Nancy R. Ross and Others and subject to the Terms and Conditions as stated in the Resolution, the authorizes and permits the following: Wetland Permit to demolish an existing dwelling and construct a new two-story dwellin on a piling foundation with new sanitary system with the condition that staked hay bales and silt fencing be installed before construction, gutters and drywells to contain roof runoff, pervious driveway, and no disturbance to the vegetation around the site, and all as depicted on the plans prepared by Samuels and Steelman revised November 16, 2006. IN WITNESS WHEREOF, the said Board of Trustees hereby causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this date. TERMS AND CONDITIONS The Permittee, Nancy R. Ross and Others, 3350 Park Ave., Mattituck, as part of the consideration for the issuance of the Permit does understand and prescribe to the following: That the said Board of Trustees and the Town of Southold are released from any and all damages, or claims for damages, of suits arising directly or indirectly as a result of any operation performed pursuant to this permit, and the said Permittee will, at his or her own expense, defend any and all such suits initiated by third parties, and the said Permittee assumes full liability with respect thereto, to the complete exclusion of the Board of Trustees of the Town of Southold. That this Permit is valid for a period of 24 months, which is considered to be the estimated time required to complete the work involved, but should circumstances warrant, request for an extension may be made to the Board at a later date. That this Permit should be retained indefinitely, or as long as the said Permittee wishes to maintain the structure or project involved, to provide evidence to anyone concerned that authorization was originally obtained. That the work involved will be subject to the inspection and approval of the Board or its agents, and non-compliance ~vith the provisions of the originating application may be cause for revocation of this Permit by resolution of the said Board. That there will be no unreasonable interference with navigation as a result of the ~vork herein authorized. That there shall be no interference with the right of the public to pass and repass along the beach between high and low water marks. That if future operations of the Town of Southold require the removal and/or alterations in the location of the work herein authorized, or if, in the opinion of the Board of Trustees, the work shall cause unreasonable obstruction to free navigation, the said Permittee will be required, upon due notice, to remove or alter this work project herein stated without expenses to the Town of Southold. The Permittee is required to provide evidence that a copy of this Trustee permit has been recorded with the Suffolk County Depamnent of Real Properties Office as a notice covenant and deed restriction to the deed of the subject parcel. Such evidence shall be provided within ninety (90) calendar days of issuance of this permit. That the said Board will be notified by the Permittee of the completion of the work authorized. 10. That the Permittee will obtain all other permits and consents that may be required supplemental to this permit, which may be subject to revoke upon failure to obtain same. James F. King, President Jill M. Doherty, Vice-President Peggs~ A. Dickerson Dave Bergen Bob Ghosio, Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD November 15, 2006 Mr. Tom Samuels Samuels and Steelman Architects 25235 Main Road Cutchogue, NY 11935 RE: NANCY R. ROSS AND OTHERS 3350 PARK AVE., MATTITUCK SCTM# 123-8-22.2 Dear Mr. Samuels: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, November 15, 2006 regarding the above matter: WHEREAS, Tom Samuels as agent for NANCY R. ROSS AND OTHERS applied to the Southold Town Trustees for a permit under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated September 26, 2006, and WHEREAS, said application was referred to the Southold Town Conservation Advisory Council and to the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on November 15, 2006 at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the proposal complies with the standards set forth in Chapter 275 of the Southold Town Code, and, WHEREAS, the Board has found the proposal to be consistent with the policies of the LWRP, and, WHEREAS, the structure complies with the standards set forth in Chapter 275 of the Southold Town Code, NOW THEREFORE BE iT, RESOLVED, that for the mitigating factors and based upon the Best Management Practice requirements imposed above, the Board of Trustees deems the action to be Consistent with the Local Waterfront Revitalization Program pursuant to Chapter 268-5 of the Southold Town Code, and, RESOLVED, that the Board of Trustees approve the application of NANCY R. ROSS AND OTHERS to demolish an existing dwelling and construct a new two-story dwelling on a piling foundation with new sanitary system with the condition that staked hay bales and silt fencing be installed before construction, gutters and drywells to contain roof runoff, pervious driveway, and no disturbance to the vegetation around the site, and all as depicted on the plans prepared by Samuels and Steelman revised November 16, 2006. Permit to construct and complete project will expire two years from the date the permit is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Inspections are required at a fee of $50.00 per inspection. (See attached schedule.) This is not a determination from any other agency. Fees: $100.00 Very Truly Yours, President, Board of Trustees JFK/hkc James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Please be advised that your application dated O.,f / ~ 6 / o¢o reviewed by this Board at the regular meeting of ( I [ I ~ / O ~ following action was taken: has been and the ( ~)Application Approved (see below) (__)Application Denied (see below) ( )Application Tabled (see below) If your application is approved as noted above, a permit fee is now due. Make check or money order payable to the Southold Town Trustees. The fee is computed below according to the schedule of rates as set forlh in Chapter 97 of the Southold Town Code. The following fee must be paid within 90 days or re-application fees will be necessary. COMPUTATION OF PERMIT FEES: ~(~ .j.~/~ ~,(~ TOTAL FEES DUE: $ BY: James F. King, President Board of Trustees James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 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. INSPECTION SCHEDULE L///Pre-construction, hay bale line 1st day of construction p~ constructed roject complete, compliance inspection. Telephone (631) 765~1892 Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 CONSERVATION ADVISORY COUNCIL TOWN OF SOUTHOLD At the meeting of the Southold Town Conservation Advisory Council held Wed., October 11,2006, the following recommendation was made: NANCY R. ROSS AND OTHERS to demolish an existing dwelling and construct a new two-story dwelling on a piling foundation with new sanitary system. Located: 3350 Park Ave., Mattituck. SCTM#123-8-22.2 The CAC did not make an inspection, therefore no recommendation was made. James F. 1Grig, Presklent J[I1 M. Doherty, U'ice-Presi¢tent Pe~g'y A. Dickerson Dave Bergen John Holzap fel Town Hall 53095 Rou~e25 P.O. Box 1179 Southold, New ¥ork11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN OF ~ Southold Town Board o}I Field Inspecfion/Workses~ic Date/Time: / Name of Applicant: astees t Report Name of Agent: Property Location: SCTM# & Street Brief Description of proposed action: Type of area to be impacted: ~S-~twater Wetland Freshwater Wetland SoUnd Front ~ay Front Distance of proposed work to edge of above: Part of Town Code proposed work falls under: ~h'~'pt.97 Chapt 37 other Type of Application: Wetland Coastal Er~i __Emergenc~-- on __Amendment __Administrative Modifications: Mailed/Fa'red to: Date: New York State D~partment of Environmental Conservation Division of Environmental Permits Building 40 - SUNY, Stony Brook, NY 11790-2356 Telephone (631) ~,~.~.-0404 Facsimile (631) 444-0360 Website: www.dec.state.ny.us Erin M. Crotty Commissioner July 30, 2004 Nancy Ross & William Carmean 121 East Delaware Avenue Pennington, NJ 08534 Dear Permittee: RE: 1-4738-03094/00001 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, Darleen M Gerbino Environmental Analyst DMG/Is NEVV"~'~'~ STATE DEPARTMENT OF ENVIRONMENT,~)NSERVATION EXPIRATION DATE(S) FACILITY/PROGRAM NUMBER(S) ~ PERMIT I Under the Environmental July 30, 2009 Conservation Law TYPE OF PERMIT · New [] Renewal [] Modification [] Permit to Construct [] Permit to Operate [] Article 15, Title 5: Protection of Waters [] Article 15, Title 15: Water Supply [] Article 15, Title 15: Water Transpor[ [] Article 15, Title 15: Long Island Wells [] Article 15, Titl~ 27: Wild, Scenic and Recreational Rivers [] 6NYCRR 608: Water Quality Certifica- tion [] Article 17, Titles 7, 8: SPDES [] Article 19: Air Pollution Control [] Article 23, Title 27: Mined Land Reclamation [] Article 24: Freshwater Wetlands · Article 25; Tidal Wetlands [] Article 27, Title 7; 6NYCRR 360: Solid Waste Mana~lement [] Article 27, Title 9; 6NYCRR 373: Hazardous Waste Management [] Article 34: Coastal Erosion Management [] Article 36: Floodplain Management [] Articles 1, 3, 17, 19, 27, 37; 6NYCRR 380: Radiation Control PERMIT ISSUED TO TELEPHONE NUMBER Nancy Ross & William Carmean (609) 737-7851 ADDRESS OF PERMITTEE 121 East Delaware Avenue, Pennin~lton, NJ 08534 CONTACT PERSON FOR PERMITTED WORK Diane Herold, P.O. Box 884, Westhampton Beach, NY 11978-0884 TELEPHONE NUMBER (631) 288-5049 NAME AND ADDRESS OF PROJECT/FACILITY Ross & Carmean property, 3350 Park Avenue, Mattituck COUNTY r TOWN Suffolk SouthoId DESCRIPTION OF AUTHORIZED ACTIVITY: WATERCOURSE Deep Hole Creek NYTM COORDINATES Demolish existing single family dwelling and boat shed. Construct a two story single family dwelling and a boat shed. Install a sanitary system. Place 75 cubic yards of fill and grade. All work must be done in accordance with the attached plans stamped NYSDEC approved. 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: I ADDRESS Geor~le W. Hammarth IDMG) I Region 1 Headquarters, Bldg. #40, SUNY, Stony Brook, NY 11790-2356 AUTHORIZED SIGNATURE DATE ~.~. ~'~~ Page1 of 4 July 30, 2004 .~[W YORK STATE DEPARTMENT OF ENVIRONMENTAOSERVATION 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 existing driveway south of the read. 5. All fill shall consist of"clean" sand, gravel, or soil (not asphalt, flyash, broken concrete or demolition debris). 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 runoffshall be directed to drywells a minimum of 75 feet landward of the tidal wetland boundary for immediate on-site recharge. 8. Driveways and parking areas shall be constructed of pervious material. 9. No disturbance to the natural vegetation or topography north of the road is authorized. DEC PERMIT NUMBER 1 --4738-03094100001 PAGE 2 of 4 '~:W YORK STATE DEPARTMENT OF ENVIRONMENT.~ '~' -~RVATION ADDITIONAL GENERAL'I~NDITIONS FOR ARTICLES 15 (TITLE 5~4, 25, 34 AND 6NYCRR PART 608 ( TIDAL WETLANDS) 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 resoumes of the State, the owner may be ordered by the Department to remove or alter the structuralwork, 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. 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. Granting of this permit does not relieve the applicant of the responsibility of obtaining any other permissio.n, 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. If upon the expiration or revocation of this permit, the project hereby authorized has not been completed, the applicant shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore the site to its former condition. No claim shall be made against the State of New York on account of any such removal or alteration. If granted under 6NYCRR Part 608, the NYS Department of Environmental Conservation hereby certifies that the subject project will not contrayene 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 submitted by the applicant or his agent as part of the permit application. Such approved plan was prepared by Diane Herold on 9/15/02 and last revised on 6/20/04. DEC PERMIT NUMBER PAGE 3 of 4 1-4738-03094/00001 ~EW YORK STATE DEPARTMENT OF ENVIRONMENT.^,~.~ISERVATIO N ~TIFICATION OF OTHER PERI~i ~ I t=~: ~.IGATIONS Item 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's 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 permittee is complying with this permit and the ECL. Such representative may order the work suspended pursuant to ECL 71-0301 and SAPA 401(3). 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 Department representative is a violation of this p~rmit. 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 such order 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: a) 180 days before expiration of permits for State Pollutant Discharge Elimination System (SPDES), Hazardous Waste Management Facilities (HWMF), major Air Pollution Control (APC) and Solid Waste Management Facilities (SWMF); and b) 30 days before expiration of all other permit types. Submission of applications for permit renewal or modification are to be submitted to: NYSDEC Regional Permit Administrator, Region 1, SUNY BIdg #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 technology 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. DECPERMITNUMBER PAGE 4 OF4 1-4738-03094/00001 API~LS BOARD MEMBER~ Lydia A, Tortora, Chairwoman Gerard P, Gochringcr George Homing Ruth D, OIiva Vincent Orlando Southold Town Hall 53095 Main Road EO. Box 1179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 http://southoldtown.nor thfork.nct BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JANUARY 23, 2003 Appl. No, 5231 - Nancy R. Ross and Others. Property Location: 3350 (Town House #115) Park Avenue, Mattituck; Parcel 123-8-22.2 SEQRA DETERMINATIOI',I: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicants' 14,443 sq. ft. parcel is located on a traveled dirt right-of-way on the north side of the property, used by the applicant and others. The property is also shown on the Map of Marratooka Point along a paper road, named Bungalow Road. The lot is shown on the survey dated December 3, 1985, updated September 3, 2002, prepared by John T. Metzger, L.S. with an existing one-story frame dwelling with attached garage, and the lot borders Deep Hole Creek (a/Ida Gardiners Creek). BASIS OF .APPI, ICATION: Buildi.ng Department*s September 19. 2002 Notice of Disapproval, citing Code Section 100-244B, for applicant's request to demolish an existing dwelling and construct a new dwelling on this 14,443 sq. ft. lot, with setbacks at less than 35 feet from the right-of-way front line, less than 35 feet f[om the rear lot line, and with a single side yard at less than 10 feet, FINDINGS OF FACT The Zoning Boardiof Appeals held a public hearing on this application on January 16, 2003, which time Written and oral evidence were presented. Based upon ali testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: Applicant wishes to ~pnstruct a new dwelling of approx. 44.9' x 34.7', for a total square footage of 2240. The Setbacks are proposed at 24 feet from the right-of-way at the front yard area, 19 feet from the rear line, and 5 ft. setback on a single side yard. REASON~ FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of alternative relief will not produce an undesirable change in the character Page 2 - January 23~103 Appl. No. 5231 - Ross and others 123-8-22.2 at Mattituck .~:Qf the neighborhO°d or a detriment to nearby properties. The proposed overall new construction of a two-story house is not:uncommon in the neighborhood. The Board has considered all relevant details on the site plan submitted January 15, 2003 and survey dated September 3, 2002. The following setbacks have been agreed to: 1) The deck on the southeast side shall be no closer then 7 feet 6 inches from the property line; 2) The south side of the house Shall be no closer that 19 feet from the property line adjacent to the Pollock family; 3) The north side of the house shall be no closer than 24 feet to the "traveled dirt road, or right of way. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than area variances. Due to the closeness of the sensitive beach area, wetland vegetation and limited size of the lot, this is not an unreasonable location for a new dwelling after removal of the existing dwelling. 3. The requested area variances are substantial. The front yard is an 11-foot reducUon of the code required ~35 feet, the rear yard is a '16-foot reduction in the code required 35 feet and the side yard is a 2 feet 6 Inches reduction in the code required 10 feet minimum. 4. The difficulty was self. created when the property was purchased with the existing nonconforming front and side yard setbacks as well as awareness of the existing structural conditions of the house. 5. There is no evidence that the grant of the variances ,will have an adverse effect or impact on the physical or environmental conditions in the 'neighborhood or district. The application has obtained a permit from the Town Trustees for wetland and related environmental considerations. Similar two-story dwellings are established in the area without information tO show an environmental or physical affect in the community or district, ; RFSOLUTION/ACT. ft3N: On motion by Member Orlando, seconded by Menlber Goehringer, it was RESOLVED, to 1) DENY the initial request for a variaoce authorizing a 5 ft. side yard, and ALTERNATIVELY to GRANT a variance authorizing construction of the dwelling and attached deck with a minimum side yard .setback of 7'6" at its closest point, as agreed with applicant at the public headng, and to (2) GRANT a 24 fi. front setback and 19 ft. rear setback variances as shown on the September 3, 2002 survey prepared by John T. Metzger and site plan prepared by Diane Harold, revised December 15, 2002 This action does not authorize or condone any current or future use, setback or other Page ~,- January 23, 2003 Appl. No. 5231 - Ross and others 123-8-22.2 at Mattituck feature of the subject property that mey violate the Zoning Code, other than such uses. setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: 'Members Tortora (Chairwoman), Goehringer, Oliva, and Orlando. ' (Member Horning of Fishers Island was absent.) This Resolution was duly adopted (4-0). 3/ ~/03 Albert J. Krupski, President James King, Vice-President Artie Foster Ken Poliwoda Peggy A. Dickerson Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 August24,2005 BOARD OFTOWNTRUSTEES TOWN OFSOUTHOLD Diane Herold, Architect P.O. Box 884 Westhampton Beach, NY 11978 RE: NANCY ROSS and others 3350 PARK AVE,, MATTITUCK SCTM#123-8-22.2 Dear Ms. Herold: The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wednesday, August 24, 2005: RESOLVED that the Southold Town Board of Trustees grants the last One-Year Extension to Permit #5643, as issued on October 16, 2002. This is not an approval from any other agency. If you have any questions, please do not hesitate to contact this office. Sincerely, Albert J. Krupski, Jr. President, Board of Trustees AJK:lms Board Of $outhold Town Trustees SOUTHOLD, NEW YORK PERMIT NO. ~/'~'"~ ISSUED TO DATE: .~.,?Oh~... ~.r?OOz NANCY R. ROSS and others ulhorizalio Pursuant to the provisions of Chapter 615 of the Laws of the State of New York, 1893~ and Chal~ter 404 of the Laws of the State of New Yore 1952~ and the Southold ToWn Ord,nance en- titled ."REGULATING AND THE PLACING OF OBSTRUCTIONS IN AND ON TOWN WATERS AND PUBLIC LANDS and tl~ REMOVAL OF SAND, GRAVEL OR OTHER MATERIALS FROM LANDS UNDER TOWN'WATERS:E end in accordance with the Resolution of The B6ard adopted at · meeting held on ..?~.~.~....~.6, · 2~.., and in consideration of the sum of $..._~.~.g.Q ..... paid by C. William Carmean Pennington, NJ . of ~ and SUblect to the Terms and Conditions listed on the reverse side hereof, of Southold Town Trustees ~uthorizes and permits the following: . Wetland Permit to demolish the existing house and boat shed and rebuild a two-story house with a boat shed and decks con to the existing non-conforming setbacks, with the condition gutters and drywells are installed and...hay., bales are p.laqe~l all in accordance with the detailed spec,f,catJons as presentea ,n · the originating application, before the project begins. IN WITNESS WHEREOF, The said Board of T~ustees h~re- by causes, ifs Corporate Seal to be affixed end these presents to be subscribed by a majorlfy of the said Board as of this daf~. Albert J. Krupski, President James King, Vice-President Artie Foster Ken Poliwoda Peggy A. Dickerson Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-1366 August18,2004 BOARD OF TOWN TRUSTEES TOWN OFSOUTHOLD Ms. Diane Herold Diane Herold, Architect P.O. Box 884 Westhampton Beach, NY 11978 RE: NANCY R. ROSS AND OTHERS 3350 PARK AVE., MATTITUCK SCTM#123-8-22.2 Dear Ms. Herold: The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wednesday, August 18, 2004: RESOLVED that the Southold Town Board of Trustees grants a One-Year Extension to Permit #5643, as approved on October 16, 2002. This is not an approval from any other agency. If you have any questions, please do not hesitate to contact this office. Sincerely, Albert J. Krupski, Jr. President, Board of Trustees AJK:lms Albert J. Krupski, Presid~ James I~ing, Vice-President Artie Foster Ken Poliwoda Peggy A. Dickerson Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971°0959 Telephone (631) 765-1892 Fax (631) 765-1366 October 16, 2002 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Ms. Diane Herold P.O. Box 884 Westhampton Beach, NY 11978 NANCY R. ROSS and others 3350 PARK AVE., MATTITUCK SCTM#123-8-22.2 Dear Ms. Herold: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, October 16, 2002 regarding the above matter: WHEREAS, Diane Herold, Architect on behalf of NANCY R. ROSS and others applied to the Southold Town Trustees for a permit under the provisions of Chapter 97 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated September 11, 2002, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council, for their findings and recommendations, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on October 16, 2002, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentatiOn submitted concerning this application, and, WHEREAS, the structure complies with the standards set forth in Chapter 97 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that the Board of Trustees approve the application of NANCY R. ROSS and others to demolish the existing house and boat shed and rebuild a two-story house with a boat shed and decks conforming to the existing non-conforming setbacks, with the condition that gutters and drywells are installed and hay bales are placed down before the project begins. BE IT FURTHER RESOLVED that this determination should not be considered a determination made'for any other Department or Agency, which may also have an application pending for the same or similar project. Permit to construct and complete project will expire two years from the date the permit is signed. Fees must be paid, if applicable, and permit issued within six mOnths of the date of this notification. Inspections are required at a fee of $5.00 per inspection. (See attached schedule.) Fees: $5.00 Very truly yours, Albert J. Krupski, Jr. President, Board of Trustees AJK/lms 123 S A M U E L S & S T E E L M A N November 16, 2006 Board of Trustees Town Hall Annex Southold, NY 11971 Re: CHATEAU NOUVEAU THE ROSS RESIDENCE 3350 Park Avenue Mattituck, New York Per conditions of last evenings APPROVAL, enclosed please find: Three (3) sealed SITE PLANS, showing hay bales and dry wells Please review the enclosed and get back to me with any questions or concerns. Thank you, Thomas C. Samuels NOV 1 7 2006 ARCHITECTS 25235 MAIN ROAD CUTCHOGUE, NEWYORK 11935 (631 ) 734-6405 FAX (63] ! 734-6407 Albert J. Krupski, President James King, Vice-President Henry Smith Artie Foster Ken Peliwoda Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631)765-1892 Fox(631) 765-1366 BOARD OFTOWNTRUSTEES TOWN OFSOUTHOLD Office Use Only Coastal Erosion Permit Application t.~ff/etland Permit Application ,.~ Major Waiver/Amendment/Changes -41:eceived Application: q !eq~O[Ob ~ Received Fee:$ ~ .~Completed Application q IOJo~ Incomplete SEQRA Classification: Type I Type II Unlisted Coordination:(date sent~ -~3AC Referral Sent:' "f I~ll0[,tO~ -4~te of Inspection: [0~ [I ~ _{..~ Receipt of CAC Report: Lead Agency Determination:__ Technical Review: .Public Hearing Held: I C~[ [[!(Jo Minor Resolution: Phone Number:( Suffolk County T~ Map Number: 1000- [~-0~ PropenyLocation: ~0 ~(~ ~; (provide LILCO Pole #, distance to cross streets, and location) (If applicable) Address: o~j~ 5 Phone: Board of Trustees Application Land Area (in square feet): Area Zoning: g - 40 Previous use of property: Intended use of property: GENERAL DATA Prior permits/approvals for site improvements: Agency Date 1,olo :Z/7 /o 6 __ No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspen~ed by a governmental agency? YNo Yes If yes, provide explanation: Project Description (use attachments if necessary): Board of Trustees Application WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: ~$~C~ ~ ~C (Y~;~'OOgh Area of wetlands on lot: ~0~ square feet Percent coverage of lot: [4 % Closest distance between nearest existing structure and upland edge of wetlands: ~ O feet Closest distance between nearest proposed structure and upland edge of wetlands: ~0 feet Does the project involve excavation or filling? No V/' Yes If yes, how much material will be excavated? [ O0 cubic yards How much material will be filled? [ ~)(~ cubic yards Depth of which material will be removed or deposited: ?} feet Proposed slope throughout the area of operations: I ' ~ % {/- Manner in which material will be removed or deposited:~M Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason of such proposed operations (use attachments if appropriate): I"PR~JECT LO. NUMBER 817.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART i--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) SE( 3. PROJECT LOCATION: 5. IS PROPOSED ACTION: [] New E~} Ex0anE/or~ ~Mor~it[cationlalteratlon 8. DESCRIBE PROJECT BRIEFLY: Initially acres Ultimately _~ acres WIL, PROPOSED ACTION COMPLY WITH ~'(JSTING ZONING OR ;Yes ~ NO It No. describe briefly OTHER EXISTING !-AND US~ RESTRICTIONS? 9. WH IS PRESENT LArgO USE IN VICINITY OF PROJECT? esidentJal ~,!n0uslria~ ~ Commercial L~ Park/ForestlOoen space ~ Giber 10, DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, []Yes I CERTIFY THAT THE INFORMATION PROVIOED ABOVE IS TRUE TO THE ~3EET OF MY KNOWLEDGE If the action is in 'the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with th~s a.~essment OVER 1 PART H--57 'SSESSME.,NT ,'To .3e com.;ie!ea 2y PART Ill--0ETERMINATICN OF SIGNIFICANCE itc be completed by Agency) Each eifec: snoutd Se assessed in connection with /ts (a) setting ti.e, urDan or rural); (b) ~ro~aDHit¥ of occc)¢"-j.ng; (c) durad[ :_~ Check this box if you have identified one or more potentiaUy large or significant adverse imoaczs which M: occur. Then 2roceed directly ~o :ne FULL ~AF and/or prepare a positive' declaration. :-~ Check :his box if you have determined, based on the information and analysis above and any succorth James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen John Holzapfel Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD In the Matter of the Application of .... ........... COUNTY OF SUFFOLK) STATE OF NEW YORK) OCT 1 7 2006 AFFIDAVIT OF POSTING I,T _~t~~' , residing at ~.o~. /(J~_Z,0~ being duly sworn, depose and say: That on the ]~day of /~) , 20~ I personally posted the prop. erty4cnow}l as. by placing thc Board of Trustees official poster where it can easily be seen, and that I have checked to be sure the poster has remained in place for eight days prior to the date of thc public hearing. Date of hearing noted thereon to be held ~.~ ~)~_-~ Dated: Sworn to befpre me this l') day of0~(-- 200¢ (signat~' - - "NStar~ Public-- Pr Tp~O!,~ ~!CHARDS Notar/ Pt :-%:, State of New York t,!,, 0 ! R16042467 Om~;~he,; ;,., Suffolk County Cotm~ ~:~, ,; ~2~p~res May 30, ~ PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS OCT 1 7 2006 Postage Ce~fied Fee Return Receipt Fee (EndOrsement Required) Address: Restricted Delivery Fee (Endorsement Required) ~r~-~U,~t:-- =.::''). .......................................................... ~ ~ , ~ , being duly sworn, deposes ~d sa~ ~at on the ~ day of~ 2~, d~onent m~led a ~e copy of~e Notice set ~. M ~e Bo~d of Trustees Application, dffected to each of~e abo~e n~ed pe~ons at ~e advises set opposite ~ere re~tive n~es; ~at ~e ad&esses set opposite ~e n~es ofs~d p~sons ~e ~e ad&ess ofs~d p~so~ ~ sho~ on ~e c~ent ~sessment roll of ~e To~ of Sou~old; ~at s~d Notices were m~led at ~e UMted States Post O~ce at ffl~ / ~ , ~at s~d Notices were m~led to each ofs~d persons by (certified) (r~ster~)~l. ~ Swom to before me this ) Day of ~CA~O~-~t' / , 20 Notary Public Board of Trustees Application County of Suffolk State of New York BEING DULY SWORN DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT ALL WORK W1LL BE DONE IN THE MANNER SET FORTH 1N THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), I1= GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVES(S), TO ENTER Ol~k~vlY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITI~ REVIJEW OF THIS APPLICATION. Signature SWORN TO BEFORE ME THIS ~'~' DAYOF,~ ,200{19 Notary Public Notary ~u~iu~ St~ of Now York ~,~. O1 RI6042467 Qualified in Suffolk County Commission Expires NIIly 30, TRANSACTIDNAb DISCLOSURE ~O~M The TOWn o~ S~u~hold's Code of Ebhioe ~fohibits cosglicte interest on the part of town offioers and employees. The ~rpoae of this form is to provide information which can alert the town oE possible conflicts of interest end alloy it to take whatever action le necessary to avoid.same. YOUR NAHEt ' '~ ' .... " (~aet name, ~irmt name, midd.le initial, unless you are applying in tho name og someone elbe er other entity, much as a company. the ether person's ~r company's name.) NATURE O~ APPbI~ATIOHt (check ali that apply.) Tax grievance Variance change of sone~ App~al DE pia~ , Exemption from plat or o~ficial map (If -obhmr," namm ~he motivity.) ~ parent, or child) have a relatfon~bip vfth any o~i~er or by blood, marriage, or business in~ereee. -Dumfnees interest' means a business, fnoluding a partnership, in which ~he town officer DC employee has even a partial o~nerahip o: (o~ employment by) a corporation in ~hich the to~n officer o~pio~ee Dyne core than 5~ DE the sh~res. · gS HO . date aud sfgn ~hece indf~a~ed. ~ame og person emp~oyed by ~he To~n o~ Sou~ho~d Title o~ position oE ~ha~ person Describe ~he relationship be~ee~ you~se~ (~he applicant) and ~he ~o~n officer er employee, ~i~her che~k appropriate ~ine ~) ~h~ough D) and/or describe in ~he space provided. · he ~o~n o~ficer or employee or Hie or her apouse~ paren~ or child is (check a~l ~ha~ apply)~ A) the owner o~ greater than 5% o~ the shares o~ the corporate a~o~k DE ~he appl~c~n~ (~he~ ~he applicant' 'B) the legal or b&ne~elal o~ner DE a~y tnbermeb ~n a non~otpo~a~e'en~y (~hen ~be app~a~b ia no~ a cotpota~ion)~ applieantl or D) ~he actual applicant. D~SCRIPTION O~ ~ELATION~[IIP SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES DIVISION OF ENVIRONMENTAL QUALITY BOARD OF REVIEW ARTICLE 2, SECTION 220, SUFFOLK COUNTY SANITARY CODE To: Brian L. Harper, M.D., M.P.H., Commissioner From: Stephen A. Costa, P.E., Chairman, Board of Review Subject: Findings and Recommendations of the Review Board Regarding: R10-03-0004 - Residence for Ross, e/s Park Avenue, Mattituck - t/o Southold - SCTM: 1000 12300 0800 022002 Hearing Date: May 19, 2005 Statement of Problem Residential construction standards require that a subsurface sewage disposal system be placed at least ten feet from a retaining wall. The applicant is proposing a septic system to serve a single-family dwelling that does not conform to departmental standards in that portions of the system are located within ten feet of a retaining wall. Residential construction standards require that a subsurface sewage disposal system be place at least ten feet from a house foundation. The applicant is proposing a septic system to serve a single-family dwelling that does not conform to departmental standards in that portions of the system are located within ten feet of a house foundation. Findings and Facts 1. The applicant is proposing to remove an existing dwelling on the lot and replace it with a new single-family dwelling. The existing sewage disposal system will be removed and replaced with new facilities. 2. The project is located in Groundwater Management Zone 4. 3. Soil conditions are good with clean sand at 2 ft. below existing grade. 4. Depth to groundwater is 4.2 feet. 5. The existing sewage disposal system being removed consists of a single leaching pool (cesspool) located approximately 5 feet from the existing building footprint. The proposed sewage disposal system consists of a 1,000-gallon septic tank and five 8-foot ,I, by 2 feet deep leaching pools and an area for expansion within a retaining wall to the north of the disposal system. The top of the waterproof retaining wall will be approximately 15 inches above existing grade. Because of the site constraints, including a traveled dirt road that hms through the middle of the lot, the leaching pools are located as close as 2 feet from the retaining wall and five feet from the proposed building footprint. The building will be constructed on piles. Staff has recommended modifying the layout by Brian L. Harper, M.D., M.P.H., Commissioner Heating Date: May 19, 2005 Subject: Findings and Recommendations of the Review Board Regarding: R10-03-0004 - Residence for Ross, e/s Park Avenue, Mattituck - tYo Southold - SCTM: 1000 12300 0800 022002 arranging tho leaching pools in a more linear alignment, which will give better clearance to the wall and to the building footprint. 8. Water service is public, supplied by Suffolk County Water Authority (SCWA). 9. Wetlands permits have been issued by the state and town. Determination It was a 3 to 0 determination of the Board to grant the request for the variance for reduced separation distance, provided the following conditions are met: · The applicant shall resubmit the site plan showing a realignment of the proposed sewage disposal system to the satisfaction of the department review engineer. The applicant shall retain a licensed professional engineer to supervise, and certify the completion of the installation of the sanitary system and construction of the retaining wall. · Expansion leaching pools shall be installed at the same time as the required leaching pools. The applicant shall covenant the property, in language acceptable to the County Attorney, that the sanitary system does not comPly with standards and that extensive costs may be incurred in the future if repairs or expansion are necessary. The system will be constructed to allow proper routine maintenance of the sewage system. Therefore, granting the variance will not have any adverse effect on groundwater. As per {}760-609 of the Suffolk County Sanitary Code (Sanitary Code), the approval of the variance is in harmony with the general purpose and intent of the Sanitary Code to protect groundwater and drinking water supplies, surface water and other natural resources, and public health, safety and welfare. May 25, 2005 teph¢ A. Costa, P.E. Chairman - Board of Review Town ~f Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 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. 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 Waterfi:ont Revitalization Program. A proposed action will be evaluated as to its si,,pTnificant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, each answer must be explained in detail~ listing both supl~ortin~ and non- ~. If an action cannot be certified as consiStent with the LWRP policy standards and conditions, it shall not be undertaken A copy of the LWRP is available in the following places: online at the Town of Southold's website (liSl~rUmt~oldto~w~., .no_..rthfork~:ne_~.),, thee. Board of Trustees Office, the Planning Department, all local manes aha me lown ulerK s onuce. SCTM# PROJECT NAM~ DESCRIPTION OF SITE AND PROPOSED ACTION The Application has been submitted to (check appropriate response): TownBoard ~-~ PlaaningBoard[-~ Building Dept. ~ BoardofTrustees [-~ 1. Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g; capital construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and ext~ent of actiqn: ~ . Location of action: Site acreage: Present land use: Present zoning classification: 4o 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: ~-~//q ~tg~P/A~.. ~t~p~, ~, ,~~ (b) Mailing address: C~,~,~..~._~ ..47~6~I. ~-40~ ~'-~ (c) Telephone number: Area Code (d) Application number, if any:. Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ~-~ NoN Ifyes, which state or federal agency? J)~-~ ~,/9..t'/~6~ ,.PCeC~P~, C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide ali proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. 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 [] No ~ Not Applicable Atlach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Se~lI - Policies Pages 3 through 6 for evaluation criteria ~ Yes [] No [] Not Applicable Attach additional sheets if necessary 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 [~/Yes ~-~ No [-~ Not Applicable Attach additional sheets if necessary 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 [--~Yes ~'~ No [-~ Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria [--~Yes ~-~ No ~]Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. ~Yes F~ No [] Not Applicable Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. [--~¥es ~-~ No ~ Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental 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. ~Yes [-~ No ['~ Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. [~Yes [] No [-~ Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect SoutholdOater-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 ~-~ Not Applicable Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section II/- Policies; Pages 57 through 62 for evaluation criteria. ~Yes ~-~ No [-~ Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. ~ Yes ~-~ No [---~Not Applicable Attach addition~.l sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. ~Yes ~] No ~ Not Applicable ~lmended on 8/1/05 TITLE DATE. ~/~¢ ~ To the Southold Town Board of Trustees September 26, 2006 Re: Nancy Ross and others, 3350 Park Avenue, Mattituck, SCTM#123-8-22.2 Dear Trustees, My sister Nancy Ross and I (and our husbands) own a piece of property on Marratooka Point which has a house on it that was, according to family lore, built in 1925 by my great-uncle Raynor Wickham out of a WWI barrack from Fort Yaphank, nailed together with a couple of old outbuildings from his farm. Nancy and I have spent our summers on Marratooka Point ail our lives, and our husbands and children have come to love the place as much as we do. Shortly after we bought the house from my father, we reluctantly decided that it simply could not be renovated, and so we began the process to get permits to tear down the "Chateau" as it's called, and build a new house. We hired Diane Herold, an architect from Westhampton Beach, because she had successfully gotten permits to rebuild two other houses on the point. On October 16, 2002 the Trustees, after a site visit, approved our permit for a new house that would use the existing nonconforming setbacks and keep the basic footprint of the old house. Our ZBA approval came on March 6, 2003, and our DEC permit on June 30, 2004. All this time Diane Herold was telling us that this long permit process was normai, not to worry. She filed for and got extensions of our Trustees' permit on August 18, 2004 and again on August 25, 2005. Finally, with the coming of public water to the point, we received approval of our sanitary system from the Suffolk County Department of Health in April of this year. By that time we had realized that Diane Herold was not doing the job, so we fired her and hired Tom Samuels, who has done a fantastic job of getting the building permit application and the bid package ready in excellent time. He assured us that if we got the building permit and began work by October 16 of this year, we would be in conformance with our existing Trustees' permit. However, when he put in the buiding permit application we were told that the Trustees needed to look at the project again because we are close to the end of our Trustees' permit. We would welcome you to visit the site again, but we can assure you that nothing has changed since your last visit, except that we have rented a POD, emptied the house and made it uninhabitable, ail in preparation for construction this fall. All our neighbors, including my brother next door, are looking forward to having the "Chateau" rebuilt before it fails down. Please expedite the approval of our permit so that we can begin construction this fall and get the house built for next summer. It will be my 60t~ summer on Peconic Bay and I don't want to have to camp out on the beach ! Pamela Ross S A M U E L S & S T E E L M A N September 26, 2006 Board of Trustees Town Hall Annex Southold, NY 11971 Re: CHATEAU NOUVEAU THE ROSS RESIDENCE 3350ParkAvenue Ma~ituck, New York Enclosed please find materials required for application for a PERMIT for the above referenced project, including: 2. 3. 4. 5. 6. 7. 8. Permit application Three (3) sealed SITE PLANS Sealed Survey SCDHS Sanitary Permit DEC Permit Southold Town Trustees Permit, and extensions Zoning Board of Appeals Determination Check for $250.00 8EP 2 6 2006 This project was given a Trustees permit, #5643 on October 16, 2002, and extended on August 18, 2004 and August 24, 2005. During that time my clients and their agent, Diane Herold, also applied for and received permits from the DEC and ZBA. It was not until March of this year that they finally received a permit from the SCDHS. Since then, I have been retained to prepare construction documents for the project, and the final extension from your board has nearly expired. We now therefore apply for a new permit from you. Nothing about this application is different from the previous one. Please review the enclosed and get back to me with any questions or concerns. If complete, please schedule a public hearing for the project. Thank you, Thomas C. Samuels ARCHITECTS 25235 MAIN ROAD CUTCHOGUE, NEWYORK 11935 (631) 734 6405 FAX (631) 734 6407 N ~=XI~TIN~ VE~=TATION tOLHAIN EXIOT. PUE~LI~ SITE[ ~ SCTM # 1000 123-08 22.2 PROPERTY: NANCY ROSSAND PAM ROSS ADDRESS 3J?01_rP~¢HR2¢~VyENUE, MARRATOOKA POINT OWNER: NANCY AND PAM ROSS 3350 PARK AVENUE, MARRATOOKA POINT -~. ~ . MA~iTUCK, .Y. SITE. 14,443.00 SQ. FT. = 0.3315 ACRES ~ __~ [~ ZONING: R-40 ;x! l: DATED. O~TOBER 22, ~' ~ ?~,~z~ / / / LOCATI N MAP ~ ~ANITA~Y ~ ~ ~ EXIST. ~LI~ HIC, HEAL AND MARC, IA POLLOCK. 51Ne~LE PAHILY le. EGIDENC~E PUBLId. I,'tAT~,/PI~IVATE Y~-LL SITE PLAN SCALE: 1" = 10'-0" EXISTIN~ VECETATION TO t~'I~AIN RETAINING WALL DETAIL SCALE: 1"=1'-0" I'~i n r E..MIT SET 0607 DRAWN BY: CHECKED BY: TCS DATE: 9115106 SCALE: 1"=10'41" SHEET TITLE: SITE PLAN SHEET NO: 1