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HomeMy WebLinkAbout6029 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 119714)959 Office Location: Town Annex/First Floor, Capital One Bank 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 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF DECEMBER 20, 2012 ZBA FILE: 6029 NAME OF APPLICANT: EUGENE L. DANER1 (KATHERINE DANERI) PROPERTY LOCATION: 200 Private Road # 17, (aka Terry Path), Mattituck SCTM# 1000-123-6-14 RESOLUTION OF THE BOARD: motion was offered by Member Weisman (Chairperson), seconded by Member Schneider, and duly carried, to GRANT, the requested variances for an easterly single side yard setback of 12 feet with the "dormer" (Bay window) setback of 10 feet, a westerly single side yard setback of 12 feet with a "dormer" (bay window) setback of 11.1 feet and a bulkhead setback of 30 feet for a proposed two-story dwelling in accordance with the judgment of the Supreme Court, Suffolk County (Spinner, J.), dated October 13, 2010 and affirmed by the decision and order of the Appellate Division, Second Department dated August 1, 2012 and as shown on the survey stamped received by the Board of Appeals August 16, 2007 as follows: survey dated June 20, 2006 last revised August 16, 2007 prepared by Nathan Taft Corwin, III LS., and the correspondence received from Suffolk Environmental Consulting, Inc. dated August 16, 2007; GRANT, the requested variance for a proposed accessory garage 10 feet from the easterly side lot line, in accordance with the Board's determination of September 27, 2007 and as shown on the drawings stamped received by the Board of Appeals on August 16, 2007 as follows: proposed garage plan dated August 15, 2007 as pages Al- 3 prepared by Mark K. Schwartz, Architect and the correspondence received from Suffolk Environmental Consulting, Inc. dated August 16, 2007. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Depamnent of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals.Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformiO'. Vote of the Board; Ayes: Members IVeisman (Chairperson), Goehringer, Dinizio, Schneider, Horning, Leslie Kanes Weisman, Chairperson Approved for filing /~2d~ ,2~/2012 APPEALS BOARD MEMBERSe James Dinizio, Jr., Chairman Gerard E Goehringer Ruth D. Oliva Michael A. Simon Leslie Kanes Weisman http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUT[IOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Mailing Address: Southold Town Hall 53095 Main Road · P.O. Box I 179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 RECEIVED _E CT - O07 SoutholcI Town Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF SEPTEMBER 27, 2007 ZB File No. 6029 - KATHERINE DANERI Location of Property: 200 Private Road #17, or Terry Path (extending easterly of Camp Mineola Road) in Mattituck; CTM Parcel No. 123-6-14. SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further review under SEQRA. RELIEF REQUESTED: Request for Variances under Sections 280-114, 280-15B, D, F, and 280- 116 based on the Building Inspector's October 31, 2006 Notice of Disapproval amended June 19, 2007, concerning two proposed buildings after demolition of the existing building: (1) a single- family dwelling, after demolition of the existing building, proposed with a single side yard at less than 15 feet, less than 35 feet total side yards, less than 75 feet from the bulkhead; and (2) an accessory garage with proposed roof dormers exceeding the 40% width limitation, with a setback at less than the code required 15 feet minimum from the side property line, and with a height exceeding the 22 ft. code limitation. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application has been referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning reply dated July 26, 2007 states that the application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP: TOWN CODE CHAPTER 95 (268) LWRP DETERMINATION: The apphcants are requesting a new dwelling and accessory garage construction in new locations, after demohshing the existing buildings on the property. The requested construction is not consistent with Chapter 268, Waterfront Consistency Review of the Town of Southold Code and Local Waterfront Revitalization Program (LWRP) standards, and reasons stated in the LWRP Coordinator's letter to the Zoning Board of Appeals dated May 14, 2007, stating the plan offered by apphcant in this apphcation does not include alternative setbacks which would bring the new construction into greater conformity with the codes. The plan offered by applicant does not reasonably eliminate the bulkhead setback nonconformity and creates a new Pa~e 2 - September 27, 2007 O ZB File No. 6029 - KATHERINE D~IERI CTM Parcel No. 123-6-14 nonconformity after demolition of the existing buildings. The location requested is +/- 30 feet from the bulkhead adjacent to the shoreline, which does not minimize potential loss and damage from flooding and erosion hazards, or minimize losses of human life and structures from flooding and erosion hazards. The policies and standards require the greatest reasonable degree of conformity with the Zoning regulations, as well as the LWRP, which mandates the highest standards of coastal erosion/wetland/water bodies protection approved by New York State and Southold Town. ADDITIONAL INFORMATION: Most of the homes in the applicant's immediate area were located more than 60 years ago and in current nonconforming setback locations. This section consists of many long, relatively narrow waterfront lots with cottage type or older, stately summer homes, the majority of which are nonconforming, although updated in the past. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing August 2, 2007 (and extended the time to receive written submissions by August 31, 2007), at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicants' property consists of 40,505.94 square feet, 623 feet in depth, and varies between 62 and 67 feet in width. The property currently is improved with a single-family dwelling, accessory building in disrepair, an accessory carport structure, and a shed. The applicants desire to build a new 3,537 square foot dwelling in a location that will maintain panoramic views of the water, enjoyed in the home that the applicant proposes to demolish, and to construct a new garage, after demolishing the existing accessory buildings. The applicants' original map dated March 28, 2007, prepared by Joseph A. Ingegno, shows proposed new construction for the dwelling closer than 30 feet to the bulkhead, measured from the extended southerly step areas, and 10 feet from the new foundation and 8 feet between the cantilevered section to the side property line, and 8.8 feet from the westerly side line. Also requested is a new garage, proposed on the original map dated March 28, 2007 at five feet from the easterly side hne instead of the code-required minimum 20 feet from the side property line, a proposed height exceeding 22 feet in height, and proposed dormers exceeding the code limitation of 40%. AMENDED VARIANCE RELIEF REQUESTED: The applicants amended their application at the august 2, 2007 public hearing and confirmed in a letter dated August 16, 2007, withdrawing their requests for variances concerning the dormers and concerning the height variances. The applicant also offered for consideration an amendment on a garage site survey map to show more conformity, proposing a 10 ft. setback from the side line, instead of the code-required 15 ft. setback. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: Pa~e 3 - September 27, 2007 O ZB File No. 6029 - KATHERINE D.g~rERI CTM Parcel No. 123-6-14 1. Town Law §267-b(3)(b)(3)(1). Grant of the area variance will produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The existing character of the neighborhood is characterized as that of structures that have pre- existing non conforming setbacks which our code seeks to eliminate over time by requiring that any new construction be made to substantially conform to the code. These pre-existing structures are generally older and smaller than the new home construction proposed by applicant. Grant of a substantial increase, as applied for, will have the undesirable effect on the neighborhood of enlarging the nonconformity and preserving the nonconforming setback indefinitely into the future, rather than phasing it out over time. Such a result would be an initial step in transforming the neighborhood from a nonconforming cottage community to a nonconforming larger home community, which contradicts the intent of the Town Code to reduce nonconformities and protect shorelines. It is the applicants' contention that because most on the neighborhood structures have pre-existing nonconforming setbacks from the bulkhead, they should be allowed to continue and expand the nonconformity. The board finds that this is not a compelling reason to grant a variance that would exceed the code minimum by more than 65% for the setback from the bulkhead and 50% for the side yard. With respect to the garage setback the applicant has modified the request to the board's satisfaction and accepts the reasoning that the lot is narrow which presents an unusual challenge to vehicular movement on the lot which is shared by others in the neighborhood. Granting a variance on the accessory garage setback would not change the character of the neighborhood, conditioned upon presence of a principal dwelling on this lot. 2. Town Law ,~267-b(3)(b)(2). The benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue~ other than an area variance. The benefit sought by this applicant is to increase the degree of non conformity of the preexisting dwelling setbacks in order to gain more living space in their house. This can be achieved by building within the confines in the code. The applicant did not demonstrate to the board's satisfaction that after removing all of the existing structures on the property that any particular conforming location on the lot would present an undue obstruction toward building a new dwelling. With respect to the request to set the garage 10 feet from the easterly side yard instead of the required 15 feet, the benefit sought by the applicant is to allow for ample room for a vehicle to enter and exit the garage. The lot is approximately 65 feet wide, with a normal garage width of 24 feet and a 10 foot setback, this leaves approximately 31 feet in order to enter and exit the garage. The board agrees with the applicants' reasoning that 31 feet is a minimum distance in order to accomplish this task. 3. Town Law ~267-b(3)(b)(3). The relief requested is substantial. The requested dwelling setback from the bulkhead represents 65% variance from the code requirement of 75 feet. With respect to the proposed garage, the requested 10 ft. setback represents a 33% reduction of the code required 15 feet. 4. Town Law §267-b(3)(b)(5). The difficulty has been self-created. The apphcant purchased or has owned this house with full knowledge that it is in a nonconforming location on the property P~ge 4 - September 27, 2007 I ZB File Ne. 6029 - KATHERINE D~IqERI CTM Parcel No. 123-6-14 and has chosen to ask for substantial relief from the code, rather than to locate the new house on a conforming location. 5. Town Law ,q267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will not have an adverse impact on the physical or environments] conditions in the neighborhood. With respect to the dwelling, the town considers the physical conditions of this neighborhood to be substantially nonconforming and enacted a law (Zoning Code Section 280-122A) (and Zoning Interpretation under ZBA #5039-Walz) in an effort to grant relief to pre-existing structures as long as they do not increase the degree of nonconformity. The board finds that the applicant's reason to grant the variance because the non conformities already exist is not evidence to vary the code to the extent requested. The Board also finds, upon balancing the above-enumerated factors, that detriment to the health, safety and welfare of the neighborhood and community in granting a variance as applied for, concerning the dwelling, outweighs the benefit to the applicant, and that the variances sought for the house are hereby denied without prejudice. With respect to the proposed garage, the board finds that applicant has modified the setback request to the minimum required, and the request for a height and dormer variance have been eliminated at the request of the applicant. The board finds that no adverse impact is posed by allowing the garage to be constructed 10 feet from the property line. On motion by Chairman/Member Dinizio, seconded by Member Simon, it was RESOLVED, to deny the requested side yard setbacks and bulkhead setback for a new dwelling, without prejudice, and it was further RESOLVED, to grant the setback variance requested concerning the proposed accessory garage for a 10 ft. side yard from the easterly side lot line. Vote of the Board: Ayes: Members Dinizio (Chairman), Goehringer, Simon, and Weisman. (Member Oliva was absent.)This Re~ution w~y adopted (4-0). ]AA~mes Dinizio~r.,~hairman /~)// /2007 proved for Filirig RECEIVED Southold Town Clerk LEFT ELEVA'HON SCALE: lj4" = 1'-0' SCN. E: [/4" = Y-fi' f:p,~NT ELEVA'HON SCN..E: 1/4" = 1'-0" R~GHT ELEVAT[ON SCALE: 1/4" ~ 1'-0" REVISIONS: .MAP REV~LWED SEE DEClSIO~ ~ / A-1 REVT_S~ONS: 36'-0" ~ OVERH~ STEEL ~D~C ~NUF~RE ~D SPECS TO BE ' ' ZBA . . R~iEWED BY ~PRO]E~ NORTH: iST. FLOOR P~N A-2 i I H , OVERHEAD STEEL HYDRAULZC I'rFT ! , ~ ~ ~ (~'IANUFACTURE AND SPECS TO BE VERZFIEI~) I I I , r  REV'/~ONS: . II V ~ ~ FINAL MAP ~o,_o. ~,-o* ,o...o- SEE DECISION # .. ,, ,, DATED~_ I_._ I..._._ ,-', 3&'-O" (~ 2ND FLOOR PLAN - PROJECT NORTH · SCALE: 1/4" = 1'-0' WALL: 72 LF DORHER: 28' LF 10'-0" 16'-0" 3&'-O" EAST ELEVATZON SC. ALE: 1/8" = 1'-0" APR ~ 2007 FINAL MAP REVIEWED BY ZBA SEE DECISION # DATED._.~_/~'7 1 APR 5 ~007 SOUTH ELEVATION SCALE: 1/8'~ = ~.'-0" FINAL MAP REVIEWED BY' ZBA SEE DECISION # ~)~ ENTRY OPRO]ECTNORTH 1ST. FLOOR PLAN SCALE: I/8" = l'-O' FINAL MAP REVIEWED BY ZBA SEE DECISION REVISIONS: m A-6 lror OPROJECTNORTH 2ND. FLOOR PLAN SCALE: 1/8" = 1'-0' COVERED APR Ii 200? REVISIONS: _A-7 ~Toeuary Oq. 2007 SHEET NU~IBER: APR 5 ~007 FINAL MAP REVIEWED BY ZBA SEE DECISION DATED NORTH ELEVATION SCALE: 1/8" = 1'-0" WEST ELEVA~ON SCALE: 1/8" = 1'-0" APR 5 2007 FINAL MAP REVIEWED BY ZBA SEE DECISION # ~;~ DATED___~ / ~ /~ SOUTHOLD BUILDING DEPT 1631TGSgSQe FORM NO. 3 NOTICE OF DISAPPROVAl, TO: Suffolk Environmental Consulting (Daneri) PO Box 2003 Bridgchampton, NY 11932 Please take notice that your application dated October 25, 200(; PP~E1 For permit ~ demolish an cxisfin,, single family dwelling anti construct ~ ncw sim, lc family dw, clling and an aeeo~orv ~araRe at Location of property: 200 Private Road #1% Mattituck. NY Counly Tax Map No, 1000 - S, ection 1_23. Block 6 Lot 14 DATE: October 31, 2006 AMENDED: Febr~_a~ _ AMEN~ Ju6e Is returned herewilh arid disapproved on thc following grounds: The orooosed construction, on this conformin~ I -acre parecl in thc Residential R-40 District, is not p~rmitted numnnnt ~ Article XXIII Section 280-114, which states. "No huildine or t~mmises ~hall be used and no buildine or cart th~xco f shall be erected or altered in th~ A-C. R-go, R-I 2,0. R-200 and R-40 ' ' ns the same california tn the Bulk Schedule and Parking Schedule incarcerated io~[0.~hi~ e,~lg, D~Z_~wll~.the same forc~ and effect as if such re~tulatiotts were set forth herein full," Bulk,schedule requires a minimum single side yard setback of 15 feet and a total side yard setback of 35 I~ct. Followh~st the pronosed construction, thc new single-family dwelling will have a si~ yard setback of +1- ? f~et and a total side yard Setback of +/- 14 feet, ~ addition, the proposed conslruction is !lot 0cmlitted oursuant t,o Article XXIIl Sectioa 100-239.4B, which stales: "All buildings located on lots upon wlfich a bulkhead, concrete wall. rinrap or similar structure exists and which arc adjacent lo tidal water bodies other than sounds shall be sca back not less than seventy-five (75) feet from the bulkhead." The omnosed additions are holed as being +/- 27 Feet lh~m the exi~ing bulkhead, In addition, the proposed accessory gsrnge is not permitted Dur~unnt to Articlc Ill, Section 280- 15 B, which slates that. on lots mensurinz bet.ween 40000 and 5~q41~ square feet in total size are allowed a maximum heinht of 22 feet and mmimum setback ~20 I~et from the Drouert¥ line. Fmihermore, Article IlL Section 280-15 F. states that thc builnxi~.~a¥ I~e located in the front yard" and "the side yard setba~:k r~luircments for accessory buildines in Section B above." Thc proposed accessory garnne is noted as beinn 5 feet from the orouertv line and 24.58 feet in heieht, ~-~2-2~07 1~:02 SOUTHOLD ~ILDIK~ DEPT 1~,~1'~5E~5~ I:~E~ in afl_,ti~ion, the DFOOoscd ~cce~(,~rV RaraJ~e is not permitted pursuant to Article ]!1, Section 280- IS D, which '+Dormers are permitted on ~_c¢~sorv buildinRs UD to fortv (40%') j)erecnt of the roof width." The DrODoScd accessory earafe notes dormers that encompass approximately 73 uerecnt of the Fool width on both the front and back of the unraae, This Notice of Dis aDnrovnl was amended on February 2 I, 2007 to correct proposed setbacks and on June 20. 2007. when the apnlieant added a proposed accessory oaraee to the apolication~ Note to Applicant: Any change or dcvlatfnn (o the above referenced appmicati.n, may require further review by the Southold Town Building Department CC: file, Z.B.A. DEPARTMENT OF PLANNING DUNTY OF SUFFOL STEVE LEVY SUFFOLK COUNTY EXECUTIVE July 26, 2007 THOMAS ISLES, AICF' DIRECTOR OF PLANNING Town of Southold ZBA 53085 Main Rd., P.O. Box 1179 Southold, NY 11971 Dear Sir: Pursuant to the requirements of Sections A '14-14 to 23 of the Suffolk County Administrative Code, the following application(s) submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Applicant(s) Municipal File Number(s) Daneri 6029 Very truly yours, Thomas Isles, AICP Director of Planning TRK:cc S/sTheodore R. Klein Senior Planner 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 } 883-4044 DEPARTMENT OF PLANNING COUNTY OF SUFFOL STEVE LEVY SUFFOLK COUNTY EXECUTIVE May 2, 2007 THOMAS ISLES, AICP DIRECTOR OF PLANNING Town of Southold ZBA 53085 Main Rd., P.O. Box 1179 Southold, NY 11971 Dear Sir: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Applicant(s) Municipal File Number(s) Smith 6025 Kelly 6026 Katapodis 6027 Alessi 6028 Daneri 6029 Byme 6031 Hansen 6032 Landau 6033 Kruk 6034 Very truly yours, Thomas Isles, AICP Director of Planning TRK:cc S/sTheodore R. Klein Senior Planner 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: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD To: James Dinizio, Jr., Chair A~ Town of Southold Zoning Board of From: Mark Terry, Principal Planner LWRP Coordinator Date: May 14, 2007 Re: Proposed Wetland Permit for Eugene Daneri SCTM#1000-123-6-14 The proposed action has been reviewed to Chapter 268, 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. Policy 4: Minimize loss of life, structures, and natural resources from flooding and erosion. 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 fi.om flooding and erosion hazards are suggested: Minimize potential loss and damage by locating development and structures away from flooding and erosion hazards. Move existing development and structures as far away from flooding and erosion hazards as practical. Maintaining existing development and structures in hazard areas may be warranted for: a. structures which functionally require a location on the coast or in coastal waters. b. water-dependent uses which cannot avoid exposure to hazards. c. sites in areas with extensive public investment, public infrastructure, or major public facilities. c. sites where relocation of an existing structure is not practical. Note that the maiority of the property is located in FLOOD ZONE AE Elevation 8~ the property located iust seaward of the proposed house and porch is Flood Zone VE: Coastal Flood with Velocity Hazard (wave action). A recent storm in this area has breached the bulkheads along this shoreline. Two of the drywells for the house are proposed in this VE Flood Zone. It is recommended that the structure be located not within the flood zone to the greatest extent practical. SEE ATTACHED AERIAL PHOTO. I Policy 6: Protect and restore the quality and function of the Town of Southold ecosystem. 6.3 Protect and restore tidal and freshwater wetlands. Comply with statutory and regulatory requirements of the SouthoM 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. The proposed setback of the new structure from a wood bulkhead is 29 feet; a minimum separation distance of 100 feet is required pursuant to Chapter § 275-3. Findings; purpose; jurisdiction; setbacks. In addition, pursuant to Article XXIII Section 280-116 of the Town of Southold Town Code a minimum setback of 75 feet is required from a bulkhead. Please require that the applicant amend the application to meet the above policy to the greatest extent practical. Additionally, if the action is approved and to further Policy 5: Protect and Improve Water Quality in the Town of Southold: 1. Require erosion and sediment controls (hay bales, silt fencing) during construction activities to protect the wetland system. 2. Require gutters~ downspouts and sub-surface d .rywells to control storm water runoff from all impervious surfaces. See aerial photo below. Pursuant to Chapter 268, the Town of Southold Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. New York State Department of Environmental Conservation Division of Environmental Permits, Region One Building 40 - SUNY, Stony Brook, New York 11790-2356 Phone: (631) 444-0365 · FAX: (631) 444-0360 Website: www. dec.state.ny.us LETTER OF NON-JURISDICTION Denise M. Sheehan Commissioner July 11, 2006 Mr. Eugene Daneri PO Box 917 Mattituck, NY 11952 Re: Daneri property ROW off Camp Mineola Road, Mattituek, NY SCTM# 1000-123-6-14 DEC# 1-4738-03615/00001 APR DearMr. Danefi: Based on the information you have submitted, the New York State Department of Environmental Conservation has determined that: The property landward of the bulkhead greater than 100' in length, constructed prior to 8/20/77 as shown on AeroGraphics Corp. Exposure #67-1910 dated 4/6/76, is beyond the jurisdiction of Article 25 (Tidal Wetlan~ls). Therefore, in accordance with the current Tidal Wetlands Land Use Regulations (6NYCRR Part 661), no permit is required under the Tidal Wetlands Act. Please be advised, however, that no construction, sedimentation, or disturbance of any kind may take place seaward of the tidal wetlands jurisdictional boundary, as indicated above, without a permit. An application for the proposed path and proposed dock as shown on the survey indicated above is currently under review and this letter in no way should be construed as an approval or permit for such. It is your responsibility to ensure that all necessary precautions are taken to prevent any sedimentation or other alteration or disturbance to the ground surface or vegetation within Tidal Wetlands jurisdiction which may result from your project. Such precautions may include maintaining adequate work area between the tidal wetland jurisdictional boundary and your project (i.e. a 15' to 20' wide construction area) or erecting a temporary fence, barrier, or hay bale berm. Please be further advised that this letter does not relieve you of the responsibility of obtaining any necessary permits or approvals from other agencies. CC: Suffolk Environmental BMHP;file nistrator 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 August 23, 2006 BOARD OF TOWN TRUSTEES TOWN OFSOUTHOLD APR 5 ~007 Mr. William J. Lohn Suffolk Environmental Consulting, Inc. P.O. Box 2003 Bridgehampton, NY 11932-2003 RE: EUGENE DANERI 200 TERRY PATH, MATTITUCK SCTM#123-6-14 Dear Mr. Lohn: The Board of Town Trustees took the following action during its regular meeting held on Wed., August 23, 2006 regarding the above matter: WHEREAS, Suffolk Environmental Consulting, Inc. on behalf of EUGENE DANERI 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 August 1, 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, the Board of Trustees has furthered Policy 6 of the Local Waterfront Revitalization Program to the greatest extent possible through the imposition of the following Best Management Practice requirements: the installation of gutters and .drywells, a row of staked hay bales with silt retention fencing to be in place prior to the start of construction, and a 10' non-turf buffer landward of the bulkhead, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on August 23, 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 structure complies with the standards set forth in Chapter 275 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that for the mitigating factors and based upon the Best Management Practice requirement imposed above, the Board of Trustees deems the action to be Consistent with the Local Waterfront Revitalization Program pursuant to Chapter 268-5 of the Southold Town Code, and, RESOLVED, that the Board of Trustees approve the application of EUGENE DANERI to demolish the existing dwelling, existing dilapidated accessory wood frame structure and existing shed and construct a new 46'X 55' two-story frame dwelling with 10'X 46' porch attached to the.southern side, and to install a new sanitary system and detached 24'X 36' garage, with the condition gutters and drywells are installed to contain the roof run-off, a row of staked hay bales with silt retention fencing to be in place prior to the start of construction, and a 10' non-turf buffer landward of the bulkhead, and as depicted on the survey prepared by Joseph A. Ingegno last dated October 25, 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.) Fees: $100.00 Very truly yours, President, Board of Trustees JFK/Ims BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 6428 DATE: August 23~ 2006 ISSUED TO: EUGENE DANERI PROPERTY ADDRESS: 200 TERRY PATH~ MATTITUCK SCTM#123-6-14 AUTHORIZATION Pursuant to the provisions of Chapter 275 and/or Chapter 111 of the Town Code of the Town of Southold and in accordance with the Resolution of the Board of Trustees adopted at the meeting held on August 23, 2006, and in consideration of application fee in the sum of $250.00 paid by Eugene to the Terms and Conditions as stated in the Resolution, the Southold Town Board of Trustees authorizes and pen-air[ the following: Wetland Permit to demolish the existing dwelling, existing dilapidated accessory wood frame structure and existing shed and construct a new 46'X 55' two-story frame dwelling with 10'X 46' porch attached to the southern side, and to install a new sanitary system and detached 24'X 36' garage, with the condition gutters and drywells are installed to contain the roof run-off, a row of staked hay bales with silt retention fencing to be in place prior to the start of construction, and a 10' non-turf bulkhead, and as depicted on the survey prepared by Joseph A. Ingcgno last dated October 25, 2006. IN WITNESS WHEREOF, the said Board of Trustees hereby causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this date. 05/29/20M? 14:00 7~5~41 pLAlqNING BOARD MR ,fERm~ B. WOODHOUSE Ch~ir KENNETH L, EDWARDS MARTIN H. SIDER GEORGE D, SOLOMON JOSEPH L. TOWNSEND OF' TRLI~TEES P.O- Box 11'/9 Southold, NY 11971 OFFIC~ I/)CAI1ON: Town Hall Annex 64375 State Route (cot. Ma/n Rd, & Youngs Ave.) Southald, NY Tdsiphon~. 881 f~- Fmo ~31 PLAIqNING BOARD OFFICE To: Sigmas Krug, President Town of Southold Board of Trustees From: Mark Tcrq;, Senior Envkonm~ntal pIMmer LWRP Coordinator Date: Au$-$t 21, 2006 TOWN OF SOUTHOLD ~):. Re; Request for Wetland Permit for Eugene Daneri SCTM# 123-6-14 AUG 22 2006 ..! Suffolk Environmental Consulting, Inc. on behalf of EUGENE D~ERI r~qu~ts a Wetland Per. it ~o demolish the existing dwelling, exisiin$ dilapidated nceesso~ wood frame sh'octure and existing shed and construct a noW 46'X 55' two-sto~ frnme dwel. lJsig with 10'X 46~ po~h a~tached to the southern side, and to install a new sanJtn~/sysmm and detached 24'X 36' 8arnge. Located: 200 Terry Path, Mattfluck, SCTM# ! 23-6- ! 4 The proposed action has been reviewed to Cfmpter 95, Waterfront Consistency Review of the Town of Sootbold Town Code and the Local Wate~ront Revitalizatto~ Program (LWRP) Policy Standards. Based upon the information provided on th~ LWRP Consistency Assessment Form submitted to this del~tmant, as well as the records available to mz, it is my Tocomlr~endation that the pFoposed aefion is INCONSISTENT with the denoted folJowing Policy Standards and Chetef0re is INCONSISTENT with the I Policy 6 Protect nad restore ~be quality and funffion of the Town of SouthoM ! ecosystem. 6.3 Proteet and rn~oFe tidal and freshwater wetlands, Comply with statutory ami regulatory requiremeau of thc Soulhold Town Board of 2'rustee~ ~ and regulation~ for all Amt~'o$ Patent and other lands under their juris~¢tion Comply with Trustee regulations and recommendations as set forth in Tms~c permit conditions. The uronq~d str~--~..~re ~tmf-t~ froma wood bulkbe~d Is 28 feet, si minimm setbaqk distunce ~00 feet is r~d~i~d Dursumit to ChaD~er 27~._ 3. Plexse have the ansdii:~Bt amend the avnn~fi,.n,w to hflher the abeve p~licv to the P. Featest extent DOssible, CC: Shawn Kiernan, New York Deparlment of State, Division of Cois~l Resources James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen John Holzapfel Town Hall 53095Route 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 ½ constructed Project complete, compliance inspection. TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET .~ :,% -- VILLAGE DIST.i SUB. LOT FOR/~ OWNER .' ' / N ~ t~Q)~.~., E ' ~- ACR ' r ~ ~ ~. ~, ~-~t s /2 · w _ ~PE OF BUILDING ~.~ES' ) ~ ~'L' IlS~S' ~ YE. ~A~ /[ CO~. C~. ' ~Es. ~k~. V.~"~ ' LAND IMP. TOTAL 'DATE REMARKS AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value : I Acre ' i Tilleble W~land FRONTAGE ON ROAD Meadow~d , DEPTH [ House Plot I BULKH~D ro~ /~ D~K ~ension Foundation ~ p~ g~th ~ , ~ ~ Dinette Breezeway Fire Place ~.~ ~ Patio ~ ' jRecreatiOn R~m R~s2ndFIoor FIN. B APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS Fee: $/d)~) Filed By:'~ ~r~ffice UDSa~Y~/sYsi ned/Ass~ nment N !-'-'i~'~' '~' ........ :~'-- O ceNo s/ Parcel Location: House No. 20._.q0 Street Terry Path (private road #17) Hamlet Mattituck SCTM 1000 Section 123 Block 0._~.6 Lot(s) 14 Lot Size 40,505.94 sq. ft. Zone District R-40 I (WE) APPEAL THF~WRITTENDETERMINA. TIQN QF TH~a-i~'I>plNG INSPECTOR DATED: 0c~t1~c~1~'~2006 ~ ~/o21/~ ~ Applicant/Owner(s): Mrs. Katherine Daneri Mailing Address: P.O. Box 917; Mattituck, NY 11952 Telephone: (201) 650-4233 NOTE: If applicant is not the owner, state if applicant is owner's attorney, agent, architect, builder, contract vendee, etc~ Authorized Representative: Address: Telephone: William ,]. Lohn- Suffolk Environmental Consulting, Inc. P.O. Box 2003; Bridgehampton, NY 11932 631.537.5160 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 October 25, 2006 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: XXIII Section: 280-14 Subsection: & Section: 100-239 Subsection: 4B 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 Part A. AREA VARIANCE REASONS (attach extra sheet needed): (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or s detHrsent to nearby properties, if granted, because: The parcel contains 40,505.94 SF and is approximately 63' wide (east/west) and 625' long (north/south), Subject parcel extends from Terry Path on the north side all the way to Great Peconic Bay on the south side, The proposed dwelling will not be visible from the street because of the length of the lot and the dense vegetation contained therein. The surrounding lots, which are also elongated in a north/south axis (and narrow on the east/west axis) exhibit a similar placement of structures (very near Great Peconic Bay) and a similar size of structures as the instant proposal. In addition, the proposed dwelling will be moved approximately 19' landward of the existing dwelling, which will be demolished along with two other existing structures. Therefore, the granting of this variance will not cause an undesirable change in the character of the neighborhood. The variance requested is from the required side yard setback, and from the required setback from the bulkhead, As the surrounding lots contain dwellings with similar side yard setbacks, and similar setbacks from Great Peconic Bay, again, the granting of this variance will not cause an undesirable change in the character of the neighborhood. (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: The benefit sought by the applicant is to have a modest single family dwelling with a view of Great Peconic Bay, Because of the lot dimensions, conforming fo the required side yard setbacks (15' for a single side yard, 35' for total side yard) would result in a 32' wide dwelling, A 32' wide house is by no means adequate. Therefore, the benefit sought by the applicant in requesting side yard relief cannot be achieved by any other means of than the granting of the requested relief. If the proposed dwelling were moved to the required 75' back from the situate bulkhead, the wonderful view afforded by fronting on Great Peconic Bay would be greatly reduced, while the tax bill for a waterfront lot would remain the same. Please note that the proposed dwelling will be situated approximately 19' landward of the existing dwelling. Please also note that the proposed dwelling is situated further landward than the existing surrounding dwellings, Therefore, the benefit sought by the applicant in requesting bulkhead setback relief cannot be achieved by any other means than the granting of the requested relief. (3) The amount of relief requested is not substantial because: No. Relief requested from § 280 - 14 is not substantial, The subject parcel is approximately 67' wide at the location of the proposed dwelling, Application of R-40 Zoning leaves 32' for the construction of a dwelling. While the requested relief of 25' (57%) of the total side yard requirement would be substantial in a more conventionally shaped lot, the relief on the subject parcel will allow construction of a 46' wide dwelling, and is therefore not substantial. In addition, the surrounding structures exhibit similar side yard setbacks, The relief requested from §100- 239,4B is not substantial. The applicant requires 45ft of relief from the required 75ff setback from the bulkhead, However, the proposed dwelling is located approximately 19' landward from the existing dwelling and is similar in size and siting to the surrounding improvements. Accordingly, the applicant respectfully submits that the requested relief is not substantial. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The granting of the variance will have no adverse effect or impact on the physical or environmental conditions in the neighborhood considering that the proposed dwelling is typical of the surrounding improvements which have been shown to have no negative impacts to the physical and/or environmental well-being of the area. In addition, the proposed single family dwelling is consistent in size, siting and design with the neighboring improvements. Further, the existing dwelling has existed harmoniously with the neighborhood for years with less conforming setbacks and it has not adversely affected the physical and/or environmental conditions in the neighberhood. (5) Has the variance been self created? ( ) Yes, or ( X ) No. If not, is the construction existing, as built? ( ) Yes, or ( X ) No. The hardship is not self-created, but rather created by the Town through the implementation zoning restrictions which are difficult for pre-existing improved lots to comply with in a reasonable manner, (6) Additional information about the surrounding topography and building areas that relate to the difficulty in meeting the code requirements: (attach extra sheatas needed) The intended goal of constructing the new dwelling and the dimensional constraints of the lot (narrow width) make it difficult to construct in a conforming location without placing an undue burden on the applicant. This is the MINIMUM that is necessary and adequate, and at the same time preserves and protects the character of the neighborhood and the health, safety, and welfare of the community. ) Check this box and complete PART B, Questions on next page to apply USE VARIANCE STANDARDS. (Please consult your attorney.) Otherwise, please Dreceed to the sianature and noterv area below. Sworn to before me this day of ,200 Signature of Appellant or Authorized Agent (Agent must submit Authorization from Owner) (Notary Public) ZBA App 9/30/02 Page 2 of 3 - Appeal Application Part B: REASONS FOR USE VARIANCE (if re~ueated): N/A For Each and Every Permitted Use under the Zoning Regulations for the Particular District where the Project is Located (please consult your attorney before completing): 1. Applicant cannot realize a reasonable return for each and every permitted use under the zoning regulations for the particular district where the property is located, demonstrated by competent financial evidence. The applicant CANNOT realize a REASONABLE RETURN because: (describe on a separate sheet). 2. The alleged hardship relating to the property is unique because: 3. The alleged hardship does not apply to a substantial portion of the district or neighborhood because: 4. The request will not alter the essential character of the neighborhood because: 5. The alleged hardship has not bean self-created because: 6. This is the minimum relief necessary, while at the same time preserving and protecting the character of the neighborhood, and the health, safety and welfare of the community (Please explain on a separate sheet if necessary.) 7. The spirit of the ordinance will be observed, public safety and welfare will be secured, and substantial justice will be done because: (Please explain on a separate sheet if necessary.) ( ) Check this box and complete PART A, Questions on previous page to apply AREA VARIANCE STANDARDS. (Please consult your attorney.) Otherwise. olease oroceed to the siqnature and notary area belOW~ed~t~~~r~iz Agent Sworn to before me this (Agent must submit Authorization from Owner) ~ / ~ I ' ~'day/~~' ' 200--~ (l~(~t~ry Public) Matthew D. Ivans Notary Public 01 New Y0rl( No. 011VG053859 Qualified i~ Suffolk County Commission Expires January 22, 200 7 VARIANCE ITERIA FOR THE PR ?OSED GARAGE AT THE DANERI PROPERS_% Situate: 200 Terry Path; MattitucE~,'Town of : SCTM#: 1000- 123- 6- 14 *?h/s out#ne of var/ance cr/tenb for a proposed sara, ge at t/~e above referenced parce/ /s &ased on a Not/ce of D/~approva/ t~y the £u//d/b~ /nspector /sst dated June 19, _-o007' 1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties, it granted, because: The parcel contains 40,505.94 SF and is approximately 63' wide (east/west) and 625' long (north/south). Subject parcel extends from Terry Path on the north side all the way to Great Peconic Bay on the south side. The proposed garage will not be visible from the street because of the length of the Icl and the dense vegetation contained therein. The surrounding lots, which are also elongated in a north/south axis (and narrow on the east/west axis), exhibit a similar placement of structures (very near Great Peconic Bay) and a similar size and height of structures as the instant proposal. In addition, there is an existing car port and frame shed in the location of the proposed garage which have not had a detrimental effect on the character of the neighborhood. The proposed garage also exhibits a greater setback from the side lot line than the two existing structures, and will therefore reduce non conformity as it relates to existing conditions. The variance requested is from the required side yard setback of an accessory structure. As can be seen from the current aerial photograph below, the surrounding properties contain similar accessory structures exhibiting similar side yard setbacks as the proposed garage. Therefore, the granting of this variance will not cause an undesirable change in the character of the neighborhood. 2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: The benefit sought by the applicant is to have a modestly sized detached garage. The required side yard setback for an accessory structure on a lot this size is 20'. The proposed garage could be built conforming to this setback requirement. However, because of the narrow nature of the subject parcel, this would result in a 24' wide corridor between the garage and the adjacent lot. This corridor does not provide adequate area for access of emergency vehicles to the proposed dwelling. Please note that there is an existing car port and frame shed located 3' closer to the side yard lot line than the proposed garage. The applicant's desire to have a partial second story on the garage cannot be achieved without the proposed 24.58' of height. The dormers are so proposed as to provide adequate lighting to the proposed garage (thereby reducing lighting costs) and to compliment to the architectural design adding to the aesthetic value of the structure. Given the architectural design, this is the only dormer scheme that is feasible. Therefore, the benefit sought by the applicant in requesting side yard setback, height and dormer percentage relief for the proposed garage cannot be achieved by any other means than the granting of the requested relief. 3) The amount of relief requested is not substantial because: No. Relief requested from § 280 - 15 is not substantial. The applicant is requesting a 5' side yard setback for the proposed garage where 20' is required. On a more conventionally sized lot, this would be a substantial variance. However, given the narrow nature of the subject parcel (67' wide at the location of the proposed garage), a variance would be required for the construction of any functional garage, while maintaining adequate emergency vehicle access to the single family dwelling. Please note that there is an existing car port and frame shed located 3' closer to the side yard lot line than the proposed garage. The applicant is requesting 2' of relief from the height requirement, which is not a substantial request. The relief required for the proposed dormers is 33%, which is not substantial as these dormers will reduce lighting costs by provided adequate entrance of sunshine, and will compliment the architectural design adding to the aesthetic value of the structure. Therefore, the amount of relief requested is not substantial. 4) The variance will NO~av.e an adv.erse effect or impa.ct ~e physical or environmental cond~t~ns ,n the ne,ghborhood or district b~f'ause: The granting of the variance will have no adverse effect or impact on the physical or environmental conditions in the neighborhood considering that the proposed garage is typical of the surrounding improvements which have not resulted in negative impacts to the physical and/or environmental well-being of the area. In addition, there is an existing car port and frame shed located 3' closer to the side yard lot line than the proposed garage which have not resulted in negative impacts to the physical and/or environmental well-being of the area. Therefore, no negative impacts to the physical or environmental character of the neighborhood will result from the granting of this variance. 5) Has the variance been self created? ( ) Yes, or ( X ) No. If not. is the construction existing, as built? ( ) Yes, or ( X ) No. The hardship is not self-created, but rather created by the Town through the implementation zoning restrictions which are difficult for pre-existing improved lots to comply with in a reasonable manner. Additional information about the surrounding topography and building areas that relate to the difficulty Jn meeting the code requirements: (attach extra sheet as needed) The intended goal of constructing the detached garage and the dimensional constraints of the lot (narrow width) make it difficult to construct in a conforming location without placing an undue burden on the applicant. LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MAY 31, 2007 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~ MAY 3172007: 1:00 P.M. EUGENE and KATHERINE DANERI #6029. Request for Variances under Sections 280-114 and 280-239.4B, based on the Building Inspector's October 31, 2006 Notice of Disapproval, amended February 21, 2007, concerning an application for a building permit to construct a new two-story dwelling, after demolition of the existing building. The new dwelling will be less than 15 feet on a single side yard, less than 35 feet total side yards combined, less than 75 feet from the bulkhead, on this 40,505.94 square foot parcel, at 200 Private Road #17 off Camp Mineola Road, Mattituck; CTM 123-6-14. 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 and prior to the day of the hearing. If you have questions, please do not hesitate to contact our office at (631) 765-1809, or by email: Linda. Kowalski@Town.Southold.ny.us. Dated: April 36, 2007. ZONING BOARD OF APPEALS JAMES DINIZIO, JR., CHAIRMAN By Linda Kowalski 54375 Main Road (Office Location) 53095 Main Road (Mailing Address) P.O. Box 1179 Southold, NY t t971-0959 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, AUGUST 2, 2007 PUBLIC HEARING NOTICE IS I-rE~REBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 280 (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~ AUGUST 2, 2007: 1:20 p.m. KATHERINE DANERI ~6029. Request for Variances under Sections 280-114, 280- 15B, D, F, and 280-116 based on the Building Inspector's October 31, 2006 Notice of Disapproval amended June 19, 2007, concerning two proposed buildings after demolition of the existing building: (1) a single-family dwelling, after demolition of the existing building, proposed with a single side yard at less than 15 feet, less than 35 feet total side yards, less than 75 feet from the bulkhead; and (2) an accessory garage with proposed roof dormers exceeding the 40% width limitation, with a setback at less than the code required 15 feet minimum from the side property line, and with a height exceeding the 22 ft. code limitation. Location of Property: 200 Private Road #17, or Terry Path extending easterly of Camp Mineola Road, Mattituck; CTM 123-6-14. The Board of Appeals will hear ail 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 and prior to the day of the hearing. If you have questions, please do not hesitate to contact our office at (631) 765-1809, or by email: Linda. Kowaiski~Town. Southold.ny. us. Dated: June 28, 2007. ZONING BOARD OF APPEALS JAMES DINIZIO, JR., CHAIRMAN By Linda Kowalski 54375 Main Road (Office Location) 53095 Main Road (Mailing Address) P.O. Box 1179 Southold, NY 11971-0959 #8453 STATE OF NEW YORk) ) SS: COUNTY OF SUFFOLK) Sworn to before me this 2007 Dina Mac Donald 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 week(s), successively,~..~i~g-cm.~,~ 19th day of .J. uly, 2007. Principal Clerk ),q ' day of~ CHRISTINA VOUNSKI NOTARY pUBLIC-STATE OF NEW YORK NO. 01-V06105050 Quo~llJed in Suffolk County BOARD OF APPEALS · Tm~RSOnY, AUGUS~r 2 2O07': PUBLIC HEARINGS NOTICE IS 'a k 2:40 Pm. ~RK and PATRICIS~ Building lnspec- al- n increase t Sound 'Locfiti0n · 2255 p.m. re~erved 3:lOp,m~S~rv;~t a; tatlbn ~f~0%161 1:20 p2m. KATHERINE DANERI will not start ea}'lier Files are avail- g Address) EO. Box I 179 ?1-0959 'S~cii0n 28~'I~1~6B~ bhsedi~n::the Baild: :~txvelling:which result would Change the ~g Jmspeetor!s June 17, ~7 :Notice of ~iSfi~ro~'l concem~g proposed ad- ~nfoming rear yard o a:nonconfom_ ~iti0ns an~ aircraft0m t~ ~e exist ng lng yard for ~e existing swimm~g pool construction, at Ocean ~e~ Avenue, gwell~g, which new c0nstmcti0n Will F!she~lsland ~9-il ~.1: be less than 75 feet ~om th~ bulkhead; 2 10 p.m. ALBeRT;R; GREBE ~ ~6~3. Request ft~ Vhhances U~der Section. 28~I'14 b~cd on theBfi ~ ~th. , ~g:,i~ect~sxpiii 9;2~7N0~i~0f e°nceming proposed re- exist~ ;,2007 No- Applicant: DANERI APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) 12/7/2006 Date Prepared: I. For Demolition of Existing Building Areas Please describe areas being removed: Existing dwelling = 1142 SF: existing dwelling = 820 SF: cxistinu shed = 168 SF: existinu car ~ort = 348 SF. These structures will be removed as a result of the instant proposal. II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: (new dwellin-) 2564 SF Dimensions of new second floor: 2188 SF Dimensions of floor above second level: N/A Height (from finished ground to top of ridge): 35' 9 3/4" Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: N/A III. Proposed Alterations or Interior Structural Changes without enlargement/extension (at, ach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: N/A Number of Floors and Changes WITH Alterations: N/A IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: 2478 SF Proposed increase of building coverage: 1435 SF Square footage of your lot: 40,505.94 SF Percentage of coverage of your lot by building area: 9.6% V. Purpose of New Construction Requested: To provide the applicant with ~ better quality of'living than i~ affcwded them hy the current improvement~ on the orooertv. VI. Please describe the land contours (flat, slope %, etc.) as exist and how it relates to the difficulty in meeting the code requirement(s): The land contours can be described as flat. The contours of the subject parcel do not relate to the difficul _ty in meeting the code requirements. 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 Mark K. Schwartz, AIA - Architect, PLLC P.O. Box 933 Cutchogue, New York 11935 Phone: (631) 734 - 4185 Fax: (631) 734 - 2110 August 14, 2007 Southold Zoning Board of Appeals Main Road Southold, New York 11971 Re: Daneri House: 200 Terry Path Mattituck, New York SCI2vI# 1000-123-06-14 Dear Members of the Board, As an experienced, licensed Architect, I generally do not respond to ignorant statements made at public hearings, such as those made by Mr. Smith regarding my work as an architect. However, I would like to express a few thoughts. I was hired by Mr. and Mrs. Daneri to provide design services for their new home. As an Architect, I work to provide clients with the structure that they desire and always try to design within the Town Zoning requirements. This narrow site is unique and therefore I felt the need to seek review and approval from the Zoning Board for a reasonable variance. The proposed house was developed from floor plan ideas from Mr. and Mrs. Daneri as well as the attached photo of a house that Mr. Daneri loves. The look of the proposed house is sil~ilar to a Southern Plantation style residence. That architectural style has a long and interesting history. With reference to the height, two story structures are allowed by Town Code to a median roof height of 35' (we are at 26' to the median height of the main roof, not including the cupolas). Please review this information and call this office with any questions you may have. Thank you for your efforts on this project. Sincerely, DanetiZBA1 Letter Suffolk Environmental Consulting, Inc. Newman Village, Suite E, 2322 Main Street, P.O. Box 2003, Bridgehampton, New York 11932-2003 (631) 537-5160 Fax: (631) 537-5291 Bruce Anderson, M.S., President Hand Delivered August 16, 2007 Southold Town Zoning Board of Appeals Town Hall P. O. Box 1179 Southold, New York 11971 Re: DANERI Application Situate: 200 Private Road # 17, Mattituck SCTM # 1000-123-6-14 Dear Members of the Board, This correspondence and accompanying survey is submitted in satisfaction of your requirement for written submissions rendered during the August 2, 2007, public headng in the Zoning Application referenced above. That requirement was to provide for additional time for the applicant to consider the concerns of vadous Board members and to modify the application as appropriate. Enclosed herewith please find seven copies of the survey prepared by Nathan Taft Corwin, III, Land Surveyor, last dated August 16, 2007, ("survey"). You will recall that the applicant was to submit written comments by this date, that Thorton E. Smith, objector, would be able to review the revised plans and submit wr'~en comments pertaining only to the modifications submitted by the applicant by August 31, 2007, and that the Zoning Board would render a decision on September 13, 2007. Please be advised that the applicant withdraws their request for variance to ex~-cd the maximum height for the accessory garage (pursuant to Article III {}280 -15 B). The applicant will comply with the height limitation for accessory structures as set forth in the Town Code. Please be advised that the applicant withdraws their request for variance to excccd the forty (40%) percent of the roof width (pursuant to Article III §280 - 15 D). The applicant will complywith the dormer limitations for the accessory structures as set forth in the Town Code. The applicant carefully considered the Board's request that the 30-foot setback be extended from the bulkhead to the seaward steps of the proposed deck attached to the house. The attached survey shows the requested 30-foot dimension. The applicant carefully considered the Board's request that the steps from the attached deck extending towards the side lot lines be eliminated. The side steps from the attached deck are eliminated. The applicant carefully considered the Board's request that the width of the dwelling be reduced to the maximum extent practicable the attached survey shows the width of the dwelling to have been reduced to 44-feet in width. In doing so the easterly side lot setback to the foundation of the dwelling would become 12-feet with the dormer setback now becoming 10-feet The westerly side lot setback would be increased to 12-feet with the dormer setback now becoming 11.1-foot The applicant carefully considered the Board's request to increase the easterly side yard setback of the accessory garage. The attached survey shows the easterly side yard setback for the accessory garage to have increased to 10-feet. I trust the revisions to these plans addresses the concerns of the Board as expressed during the Public Hearing of August 2, 2007. I look forward to a decision in the affirmative being rendered during your regular meeting of September 13, 2007. ~_ incerel~. Bruce A. Anderson Cc: T. Smith, w/encl E. Daneri, w/encl NEIGHBORHOOD ZONING HISTORY ADDENDUM TO THE Date: 8/2/2007 Prepared by Suffolk Environmental Consulting, Inc. 2322 Main Street - Newman Village Suite E P.O. Box 2003 Bridgehampton, NY 11932 Phone: (631) 537-5160; Fax: (631) 537-5291 Executive Summary The neighborhood zoning history addendum to the Daneri application has been constructed to analytically and visually describe the neighborhood in which the Daneri property is located. For purposes of this application, the neighborhood consists of the properties fronting Terry Path, Camp Mineola Road and Extension with particular attention paid to the Waterfront properties. A total of 28 properties comprise the neighborhood of which 25 properties are waterfront properties. This study includes: (1) the specific details and descriptions of all zoning decisions rendered in the neighborhood; (2) provides for a photographic description of all principle structures comprising the neighborhood; (3) includes copies of all surveys and plot plans made available to the applicant by the Town of Southold; and (4) includes a table of the relevant structural setbacks from lot line boundaries. These analyses demonstrate that all properties are pre- existing non-conforming with respect to lot area and lot width, that nearly all primap~ structures are non-conforming with respect to property line setbacks, that no principle structures on waterfront parcels comply with the required bulkhead setbacks and that nearly all properties contain non-conforming accessory structures with respect to dimensional setbacks. These analyses demonstrate that the proposed construction of the single family dwelling and detached garage will comport with the character of the neighborhood. In addition, the proposed re- development of the Daneri Premises will be an important upgrade to the quality of the neighborhood as has similarly occurred on many of the parcels within the neighborhood. APPLICATION l.Ol lB Photo showing the existing dwelling located on SCTM#: 1000 - 123 - 5 - 35. Please note the size and siting of the existing dwelling. Please refer to the Building Permit Diagram to the right. As can be seen, this dwelling exhibifs the dimensional characteristics: SY Sefback: ]0'5" Bulkhead Setback: 13' (measured from Google Earth) Lot Coverage: 14% _+ 2 Photo showing the existing dwelling on SCTM#: 1000- 123- 6- 12.4. Please note the size and siting of the existing dwelling. This dwelling will be situated 8.5' closer to the bulkhead than the proposed Daneri dwelling. The property benefits from two [2] Zoning Determinations. Via Determination #] 61 in 1959, the ZBA granted road frontage relief and declared this a single and separate lot. Via Determination #2773 in 1981, the ZBA granted rear yard relief. Please refer to the Site Plan on the following page for dimensional information. S 01~39~0' E 176.78' ~ FY Setback: RY Setback: Bulkhead Setback: Lot Coverage: This Site Plan shows the current conditions at SCTM#: 1000- 123- 6- 12.4. While the long axis of this property fronts on Camp Mineola Road, the dimensions and resultant constraints are similar to the subject parcel. The existing dwelling exhibits the following dimensional characteristics: 12'4" 11.2' 21.5' 19.95% As this is a waterfront parcel, the front and rear yards became the de facto side yards and would require side yard relief in addition to relief granted for the bulkhead setback. 4 Photo showing the existing dwelling on SCTM# 1000 - 123 - 6 - 12.3. Please note the size and siting of the existing dwelling. This property benefits from two [2] Zoning Determinations. #5811; ] 2/27/2005: The ZBA granted a variance for a "lot waiver", declaring this parcel single and separate from lot 12.2. #5812; ] 2/27/2005: The ZBA granted a variance for rear yard relief in order to construct a new home. Please note that this property exhibits the same dimensional constraints as the subject parcel, except in this instance the front and rear yards are inadequate. Please refer to the following page for dimensional information. REEVE AVENUE This Survey shows the current conditions on SCTM# 1000 - 123 - 6 - 12.3. The existing dwelling exhibits the following dimensional characteristics: FY Setback: 28,6' (50' ~s required. However, not mentioned in the determ~notionl RY Setback: 31.7' SY Setback: 53' & 40' Lot Coverage: 15% _+ Photo showing the existing dwelling on SCTM# 1000-123-6-12.5. Please note the size and siting of the existing dwelling. The property benefits from one [1] Zoning Determination. #4504; 9/11/1997: The ZBA granted rear yard and front yard relief. Please note that this property exhibits the same dimensional constraints as the subject parcel, except in this instance the front and rear yards are inadequate. Please refer to the following page for dimensional information. This Survey shows the current conditions on SCTM# 1000 - 123 - 6 - 12.5. The existing dwelling exhibits the following dimensional characteristics: FY Setback: 35' RY Setback: 32.1' SY Setback: Lot Coverage: 12' & 67' +/- 12%+ 8 Photo showing the existing dwelling on SCTM#: 1000- ]23- 6- ]3. This dwelling is similar in size and siting to the existing Daneri dwelling. Please note that this dwelling will be situated ] 3' closer to the existing bulkhead than the proposed Daneri dwelling. Please refer to the following page for dimensional information. This survey shows the current conditions on SCTM# 1000-123-6-13. The existing dwelling exhibits the following dimensional characteristics: SY Setback: Bulkhead Setback: Lot Coverage (total): 7'&13'+ 17' (measured from Google Earth) 8% + Please note that this property also contains an approximately 720 SF accessory garage located approximately 9' from the westerly lot line. Photo showing the existing dwelling at the subject parcel. Please note that the proposed dwelling will be situated 20' further landward than the existing dwelling, and that the eastern side lot setback will be increase from 8.9' to 10'. The existing dwelling exhibits the following dimensional characteristics: SY Setback: 8.9' & 27.3' Bulkhead Setback: 10' Lot Coverage: 6.1% ]! Photo showing the existing dwelling on SCTM#: 1000- 123- 6- 15. Please note that this dwelling is situated approximately 15'closer to the bulkhead than the proposed Daneri dwelling. Please refer to the following to the following page for dimensional information. 'i L~ This plan shows the current conditions on SCTM# 1000-123-6-15. The existing dwelling exhibits the following dimensional characteristics: SY Setback: 21' &23' Bulkhead Setback: 15' (measured from Google Earth) Lot Coverage: 5% + Please note that this property contains an approximately 525 SF accessory garage situated 2.5' from the easterly lot line. Photo showing the existing dwelling on SCTM#: 1000 - 123 - 6 - 16. Please note the size and siting of the existing dwelling. This dwelling is situated 6' closer to the bulkhead than the proposed Daneri dwelling. This property benefits from a Zoning Determination issued in connection with Building Permit #0172992. No further information could be obtained regarding this variance. Presumably, the variance was issued for conversion of the large accessory garage to a residential use. Please refer to the following page for dimensional information. 14 SY Setback: Bulkhead Setback: Lot Coverage: This survey shows the current conditions on SCTM# 1000-123-6-16. The existing dwelling exhibits the following dimensional characteristics: 21' &20'+ 24' (measured from Google Earth) 10% + Please note that this property contains an approximately 2100 SF accessory building located to the north of the primary dwelling. Photo showing the existing dwelling on SCTM#1000-123-6-17.2. Please note the size and siting of the existing dwelling. This dwelling is situated approximately 2' closer to the bulkhead than the proposed Daneri dwelling. This property benefits from two [2] Zoning Determinations. #3274 in 1984; the ZBA granted permission to subdivide, presumably based on inadequate lot dimensions. #3883 in 1989; the ZBA granted permission for dwelling alterations and conversion to year round residence. Please refer to the following page for dimensional information. ]6 This survey shows the existing conditions on SCTM# 1000-123-6-17.2 and 17.1. The existing dwelling on 17.2 exhibits the following dimensional characteristics: SY Setback: 16' & 17' Bulkhead Setback: 28' (measured from Google Earth) Please note that this property contains an approximately 660 SF accessory garage. As can be seen, the existing dwelling on SCTM#1000-123-6-17.1 is situated to the immediate north of the dwelling on 17.2, and is not truly waterfront, although a portion of 17.1 fronts on Peconic Bay. Please note that 17.1 benefits from ZBA Decision 4440 granting side yard and rear yard relief. l? Photo showing the existing dwelling on SCTM#1000-123-6-18. Please note the size and siting of this dwelling. Also note the gazebo constructed on the existing bulkhead. This dwelling is situated approximately 10' closer to the bulkhead than the proposed Daneri dwelling. The existing dwelling exhibits the following dimensional characteristics: SY Setback: 5' & 5' (measured from Google Earth) Bulkhead Setback: 20' (measured from Google Earth) Please note that this property contains a large accessory garage located very near the western lot line. 18 Photo showing the existing dwelling on SCTM# 1000-123-6-19. Please note the size and siting of this dwelling. Also note the gazebo constructed on the existing bulkhead. This dwelling is situated approximately 9' closer to the bulkhead than the proposed Daneri dwelling. The existing dwelling exhibits the following dimensional characteristics: SY Setback: 5' & 8' (measured from Google Earth) Bulkhead Setback: 21' (measured from Google Earth) Please note that this property contains a large accessory garage located 3' from the eastern lot line. Photo showing the existing dwelling on SCTM# 1000-123-6-20. Please note the size and siting of this dwelling. This dwelling is situated approximately 10' closer to the stone revetment (in line with the recurring bulkhead) than the proposed Daneri dwelling. Please refer to the following page for dimensional information. 2O This survey shows the existing conditions on SCTM# 1000-123-6-20. The existing dwelling exhibits the following dimensional characteristics: SY Setback: 2' & 6' Revetment Setback: 20' + Lot Coverage (total): 5.4% + Please note that this property contains an approximately 860 SF accessory garage located 4' from the western lot line. Please also note the structures shown to exist on Lot 19 which are much closer in size to the structure shown on the aerial. 21 Photo showing the existing dwelling on SCTM# 1000-123-6-22.9. Please note the size and siting of the existing dwelling. This dwelling is situated 6~ further from the bulkhead than the proposed Daneri dwelling, However, the bulkhead on this parcel extends 8' further south than the bulkhead shown in every other photo thus far. Therefore, this dwelling would be situated approximately 2* closer to the bulkhead than the proposed Daneri dwelling, were the bulkheads in line. This dwelling exhibits the following dimensional characteristics: SY Setback: 24' & 17' (measured from Google Earth) Bulkhead Setback: 36' (measured from Google Earth) Please note that this property contains two [2] large accessory buildings located close to the westerly lot line. 22 Photo showing the existing dwelling on SCTM# 1000-123-5-34. Please note the size and siting of this dwelling. This dwelling is situated 10' closer to the bulkhead than the proposed Daneri dwelling. Please refer to the following page for dimensional information. This survey shows the existing conditions on SCTM# 1000-123-5-34. The existing dwelling exhibits the following dimensional characteristics: SY Setback: 8.4' & 9' Bulkhead Setback: 20' -+ Lot Coverage (total): 14%+ Please note that this property contains an approximately 360 SF accessory garage located O' from the western property line and 1' from the northern property line. 24 SY Setback: Bulkhead Setback: Photo showing the existing dwelling on SCTM# 1000-123-5-33. Please note the size and siting of this dwelling. This property benefits from one [1] Zoning Determination. #92 in 1958; the ZBA granted a variance for a "permissive use", with no further information available. The existing dwelling exhibits the following dimensional characteristics: 5' & 16' (measured from Google Earth) 24' (measured from Google Earth) Please note that this property contains an accessory garage located extremely close to the western lot line. 25 Photo showing the existing dwelling on SCTM# 1000-123-5-32. Please note the size and siting of this dwelling. This dwelling is situated approximately 9' closer to the bulkhead than the proposed Daneri dwelling, Please refer to the following page for dimensional information. $1TUA ~E A T This survey shows the existing conditions on SCTM# 1000-123-5-32. The existing dwelling exhibits the following dimensional characteristics: SY Setback: O' & 18.1' Bulkhead Setback: 21.2' Lot Coverage: 16.6% Please note that this parcel contains a 400 SF accessory garage located 2.3' from the western property line and 5.6' from the northern property line. 2? Photo showing the existing dwelling on SCTM#: 1000-123-5-31. Please note the size and siting of this dwelling. This dwelling is situated approximately 9' closer to the bulkhead than the proposed Daneri dwelling. The existing dwelling exhibits the following dimensional characteristics: SY Setback: 2' & 20' (measured from Google Earth) Bulkhead Setback: 21' (measured from Google Earth) Please note that this parcel contains an accessory garage situated 0' from the western lot line and 8' from the northern property line. Photo showing the existing dwelling on SCThA# 1000-123-5-30. Please note the size and siting of this dwelling. This dwelling is situated approximately 2' closer to the bulkhead than the proposed Daneri dwelling. This property benefits from two [2] Zoning Determinations. #441 in 1962; the ZBA granted permission to locate the existing accessory garage in the front yard. #5841 in 2006; the ZBA permitted ]0' individual side yards, 28.3' setback from the bulkhead and 21% lot coverage. Please refer to the following page for dimensional information. 29 SY Setback: Bulkhead Setback: Lot Coverage: This survey shows the existing conditions on SCTM# 1000-123-5-30. The existing dwelling exhibits the following dimensional characteristics: 10' & 10' 28.3' 21% Please note that this parcel contains a 308 SF accessory garage located 1' from the western property line and 2' from the northern property line. 3O Photo showing the existing dwelling on SCTM# 1000-123-5-29. Please note the size and siting of this dwelling. This dwelling is located approximately 12' closer to the bulkhead than the proposed Daneri dwelling. The existing dwelling exhibits the following dimensional characteristics: SY Setback: 10' & 30' (measured from Google Earth) Bulkhead Setback: 18' (measured from Google Earth) Please note that this parcel contains a large accessory garage located 2'_+ from the eastern lot line and 2'+ from the northern lot line. Photo showing the existing dwelling on SCTM# 1000-123-5-27. Please note the size and siting of this dwelling. This dwelling is located approximately 7' closer to the bulkhead than the proposed Daneri dwelling. This parcel benefits from three [3] Zoning Determinations. #3553 in ]986; the ZBA granted wetland setback, accessory setback and lot coverage relief. #5567 in 2004; the ZBA granted total side yard relief and lot coverage relief. #5668 in 2005; the ZBA granted relief from conditions of the previous decision. Please refer to the following page for dimensional information. 32 SURVEY OF SI~,Tt: A T This survey shows the existing conditions on SCTM# 1000-123-5-27. The existing dwelling exhibits the following dimensional characteristics: SY Setback: 7.4' & 10.3' Bulkhead Setback: 22.9' Lot Coverage: 35.7% Please note that this parcel contains a 360 SF accessory garage located 4.1' from the western lot line and 2.7' from the northern lot line. 33 Photo showing the existing dwelling on SCTM# 1000-123-5-26. Please note the size and siting of the existing dwelling. This dwelling is situated 21' closer to the bulkhead than the proposed Daneri dwelling. The existing dwelling exhibits the following dimensional characteristics: SY Setback: 7' & 8' (measured from Google Earth) Bulkhead Setback: (measured from Google Earth) Please note that this parcel contains an accessory garage located very close to the northern and western lot lines. Photo showing the existing dwelling on SCTM# 1000-123-5-25. Please note the size and siting of this dwelling. This dwelling is sifuated 25' closer to the bulkhead than the proposed Daneri dwelling. Please refer to the following page for dimensional information. This survey shows the existing conditions on SCTM# 1000-123-5-25. The existing dwelling exhibits the following dimensional characteristics: SY Setback: 4.2' & 12.5' Bulkhead Setback: 5' + Please note this parcel contains an accessory garage located 2.5' from the western lot line and 2.5' from the northern lot line. 36 Photo showing the existing dwelling and accessory garage on SCTM#1000-123-5-24.1. Please note the size and siting of these structures. The existing dwelling is situated 27' further from the bulkhead than the proposed Daneri dwelling. The existing dwelling exhibits the following dimensional characteristics: SY Setback: 7' & 11' (measured from Google Earth) Bulkhead Setback: 57' (measured from Google Earth) Please note the accessory garage located very close to the western and northern lot lines. 37 SY Setback: Bulkhead Setback: Photo showing the existing dwelling and accessory garage on SCTM# 1000-123-5-23. Please note the size and siting of these structures. The existing dwelling is situated 17' further from the bulkhead than the proposed Daneri dwelling. This parcel benefits from two [2] Zoning Determinations: #573 in 1953; the ZBA granted permission for the garage in the front yard. #1370 in 1970; the ZBA set off lots with less than 100' frontage and, again spoke to locating accessory buildings in the front yard. The existing dwelling exhibits the following dimensional characteristics: 20' & 9' (measured from Google Earth) 47' (measured from Google Earth) Please note the accessory garage located very close to the western and northern lot lines. .38 Photo showing the existing dwelling on SCTM# 1000-123-5-22. Please note the size and siting of the existing dwelling. This dwelling is situated 8' further from the bulkhead than the proposed Daneri dwelling. The existing dwelling exhibits the following dimensional characteristics: SY Setback: 4' & 14' (measured from Google Earth) Bulkhead Setback: 38' (measured from Google Earth) All available numerical data was taken and analyzed to provide the following table which illustrates existing structural setbacks in the neighborhood in comparison with the proposed dwelling on the Daneri property. Single Side Total Side Bulkhead Lot Yard Yard Setback Coverage 14.23' avg. 28.47 avg. 24.02' avg. Neighborhood 67' max. 57' max. 57' max. 14.78 avg. 0' min. 5' min. 5' min. Daneri 10' 20' 30' 10.6% Proposal As can be seen from the data, the Daneri proposal is consistent with the neighborhood in regards to side yard setbacks and will therefore not cause a detriment to the neighborhood or nearby properties. The data also shows that the Daneri proposal exceeds the neighborhood average for separation from the bulkhead by 6'. The instant proposal also exceeds the neighborhood average for lot coverage by 4%. The numerous photos included in this report indicate that the instant proposal will conform to the existing size, siting and architecture of surrounding existing development. This report has also established Zoning precedent for the area, in that the ZBA has repeatedly granted decisions permitting less than the required bulkhead setbacks and side yard setbacks, along with other relief. These variances could therefore not have caused, and have not caused a detriment to nearby properties or the neighborhood. We feel that the Daneri proposal will not cause any detriment and instead will be a positive addition to the Camp Mineola neighborhood. Suffolk Environmental Consulting, Inc. (631) 537-5160 Bruce Anderson, M.S., President Newman Village, Suite E, 2322 Main Street, P.O. Box 2003, Bridgehampton, New York 11932-2003 Fax: (631) 537-5291 May 30, 2007 Mr. Mark Terry; LWRP Coordinator Southold Town P.O. Box 1179 Southold, NY 11971 ae~ Situat~ SCTM #: Daneri L WRP Detei~iiination 200 Terry Path (Private Road #17); Mattituck Town of Southold, New York 1000 - 123 - 6 - 14 Dear Mr. Terry, This office is in receipt of your determination concerning the proposed improvements at the above referenced property as they relate to the Southold Town Local Waterfront Revitalization Program (LWRP). In said determination, you state that the instant proposal is INCONSISTENT with the Southold Town LWRP for the following reasons: As it relates to Policy 4.1 .A.3: Minimize loss of life, structures, and natural resources from flooding and erosion: "Note that the majority of the property is located in Flood Zone AE Elevation 8; the property located just seaward of the proposed house and porch is Flood Zone VE: Coastal Flood with Velocity Hazard (wave action). A recent storm in the area has breached the bulkheads along this shoreline. Two of the drywells for the house are proposed in this VE Flood Zone. It is recommended that the structure be located not within the flood zone to the greatest extent practical. SEE ATTACHED AERIAL PHOTO" 0 Please note that the proposed dwelling is located 30' from the existing bulkhead, whereas the existing dwelling is located 11' from said bulkhead. The proposed development has been located as landward as is practical. During the storm referenced In your comments, the existing dwelling was not damaged. It is unlikely that the proposed dwelling, located 19' further landward and built to FEMA Compliance, will sustain damage from flooding. The installation of a the 10' Non-Turf Buffer will further protect the proposed dwelling by acting as a splash pad for the rare storms that do breach the bulkheading. The proposed drywells are located in the current position because of the location of the proposed septic system. These drywells have been approved by the Southold Town Trustees and will function properly. In addition and as previously stated, the subject parcel is bulkheaded. A bulkhead is a permanent structure installed for the specific purpose of erosion control. The majority of this section of the Great Peconic Bay shoreline is bulkheaded. It is unlikely that the proposed dwelling will sustain any damage from erosion because of the presence of the bulkhead. This is further evidenced by the fact that the exisling dwolling, located 19' seaward of the proposed dwelling, has not sustained damage as the result of erosion. Most importantly, the proposed dwelling will be designed and constructed in compliance with all applicable rules and regulations promulgated by FEMA. Therefore, the proposed structure will be flood compliant, whereas the existing dwelling is not: The position you have taken cannot be sustained as no work would be permitted in a Flood Zone thereby declaring every waterfront home In Southold non- conforming. Therefore, we maintain our position that the instant proposal is consistent with Policy 4. As it relates to Policy 6.3.A.1: Protect and restore the quality and function of the Town of Southold ecosystem: "The proposed set/~ack of the new structure from a wood bulkhead is 29feet; a minimum separation distance of lOO feet is required pursuant to Chapter §275-3. Findings; purpose;jurisdiction; setbacks. In addition, pursuant to Article XXIII Section 280-116 of the Town of Southold Town Code, a minimum setback of 75' is required from the bulkhead. Please require that the applicant amend the application to meet the above policy to the greatest extent practical." 0 The instant proposal was approved by the Southold Town Trustees via Permit #6428, and therefore complies with Trustee regulations and recommendations as set forth in the Trustee permit conditions. §275-3 sets forth a jurisdictional boundary for wetlands of 100'. The position you have taken can not be sustained because ff otherwise, every action of the Southold Town Board of Trustees would be inconsistent with the LWRP. Therefore, we maintain our position that the instant proposal is consistent with Policy 6. As it relates to Policy 5: Protect and Improve Water Quality in the Town of $outhold: "Additionally, if the action is apprOVed and to further Policy 5: Protect and Improve Water Quality in the Town of Southold: 1) Require erosion and sediment control Otey bales and silt fencing) during construction activities to protect wetland system. 2) Require gutters, downspouts and sub-surface drywells to control storm water runoff from all impervious surfaces. The submitted surveys prepared by Joseph A. Ingegno indicate staked hay bales and silt fencing, along with drywells (fed by gutters and downspouts) to contain all runoff from impervious surfaces. Therefore, we maintain our position that the instant proposal is consistent with Policy 5. In addition, the instant proposal was deemed inconsistent pursuant to the LWRP for the application process with the Southold Town Trustees. However, in this case, the instant proposal was inconsistent based only on its non-conformity with the Southold Town Trustee Regulations (Policy 6.3.A.1), and nothing else. In other words, there is no consistency between LWRP reviews of the same proposal. I have attached copies of both these determinations for your records. Kindly review the above information~ We respectfully submit that the instant proposal is consistent with the Southold Town LWRP, and the determination of inconsistent should be reversed. If you have any questions, or wish to discuss this matter further, please don't hesitate to contact me. Thank you in advance for your cooperation in tiffs matter. Cc: E. Daneri w/end. Southold Town Board w/encl. Southold Town Board of Trustees w/end. Southold Town Zoning Board of Appeals w/encl. Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 October 1,2007 Mr. Bruce Anderson, President Suffolk Environmental Consulting, Inc. P.O. Box 2003 Bridgehampton, NY 11932 Re: ZBA File 6029 - Setback Variances (Daneri 123-6-14) Dear Mr. Anderson: Please find enclosed a copy of the variance determination rendered by the Board of Appeals at its September 27, 2007 Meeting regarding the above appeal application. Thank you. Very truly yours, Linda Kowalski Encl. Copy of Decision 10/1/2007 to: Building Department · . :~: Mark K. Schwartz, AIA - Architect, PLLC p.O. Box 933 ~m Culchogue, New York 11935 August 14, 2007 Southold Zoning Board of Appeals Main Road Southold, New York 11971 Re: Daneri House: 200 Terry Path Mattituck, New York SCTM# 1000-123-06-14 Dear Members of the Board, Phon~ (631) 734 -4185 Fax: (631) 734 - 2110 ~UG l 6 ~, -~ :, ~ . ... 2. ; . ' ~01' As an experienced, licensed Architect, I generally do not respond to ignorant statements made at public hearings, such as those made by Mr. Smith regarding my work as an architect. However, I would like to express a few thoughts. I was hired by Mr. and Mrs. Daneri to provide design services for their new home. As an Architect, I work to provide clients with the structure that they desire and always try to design within the Town Zoning requirements. This narrow site is unique and therefore I felt the need to seek review and approval from the Zoning Board for a reasonable variance. The proposed house was developed from floor plan ideas from Mr. and Mrs. Daneri as well as the attached photo of a house that Mr. Daneri loves. The look of the proposed house is similar to a Southern Plantation style residence. That architectural style has a long and interesting history. With reference to the height, two story structures are allowed by Town Code to a median roof height of 35' (we are at 26' to the median height of the main roof, not including the cupolas). Please review this information and call this office with any questions you may have. Thank you for your efforts on this project. Sincerely, DaneriZBA1Lettex ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of (Name of Applicants) Regarding Posting of Sign upon Applicant's Land Identified as ooo. - 4, tq COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF SIGN POSTING own s officml o g of'my appii thereon, securely upon my property, located ten (1 O) feet or closer from the street or fight-of-way (driveway entrance) - facing the street or facing each street or right-of-way emrance;* and that / I hereby confirm that the Poster has remained in place for seven days prior to fi;at date of the subject hearing date, wh/ch hearing date was shoxm to be _~uff!dga~ ~"*'/ 2<~c57 · 200 7 Matthew D. Ivans Notary Public oi Ne~ York ~ No. 01 V60538.,9 Oualified in Suflolk County Commission Expires January 22, 20It *near the entrance or driveway entrance of my properly, as the area most visible to passersby. Sworn to before me th/s /(Notary Public) ZONING- BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of (Name of Applicants) CTM P~cel #I000- AFFIDAVIT OF MAILINGS COLrNTY OF SUFFOLK) STATE OF NEW YORK) ~)k/Y: ii '13 ~- , New York, being duly sworn, depose and say tha{~ o 0 On the I [ 4~ day of '~l~x-tt 2ocrt , I personally mail~ at the United States Post Office in~ A ~ New ~or'- ~ ......... Mu~o tn~, a ~y ~ the attached ~gal Notice in prepaid envelops ad&ess~ to ~e~y,~?s sho~ on tJx~ ~u~ent ~sessment rollyefified ~om the offici~ r~r~ on file me ~assessors, or ~ ) uo~ty Real Prope~ Office for eve- prope~ ~hich abuts and is across a public or -fiwte s~' ~ -~[:- , - -. o ' 'Y . . F ~ , u~ vcutcutar ri hr-ct-wa off s~o~dmg the apphc~t's pro.fly. / g y ecord, [~t~amre) Sworn to before me this II'~' dayof ~-&\./ ,200'7  Matthew O. Ivan$ ~ Notary Public o! New Yo~ " - No. 011V6053859 Public) 0ualified in Suffolk County Commission Expires January 22, 20 t t PLEASE list, on the back of this Affidavit or on a sheet of paper the lot numbers next to the °wnermames~and-addressesTm-whieh-tr°~tices~vere maSi~Th~r~ you~ .............................. AD[ACENT PROPERTY OWNERS FOR THE DANER/APPLICATION 1000 - 123 - 6 - 9 1 l~ornton g. ~tl~ & ~.no ~tl~ 37 Sandpiper Lane Greenport, NY 11944 1000 - 123 - 6 - 13 GMH Properties LTD 23 Birch Hill Road Locust Valley, NY 11560 1000 - 123 - 6 - 15 Jeffery T. Smith; Todd W. Smith & Niel H. Smith 3011 North Oakland Street Arlington, VA 22207 1000 - 123 - 6 - 22.7 w~mam c~asce~le 6~ I~.l~zaDetll L. K1cIlatclS Terry Path P.O. Box 395 Mattituck, NY 11952 rru TOtal Po~tage & Fee~ Postage ~ Rein R _a~p~ Fee (Endom~ P,m~o3 mm ~3 (;4~,omame nt I~q~JLmd) i--3 'rota Pa~oe & Fe~ $5.W 07/11/2007 · Complete items 1.2, and 3. Also complete item 4 if Restricted Delivery is desired. · Rrint your name and address on the reveme so that we can return the card to you. · Attach this can:~ to the bank of the mailpiese, or on the front it space permits. 1. A~ticle Addressed to: A. Sign re ~ressee .>.m. / 7't ff YES. e~er deflvefy address be~o~. [] No [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restrlcted Dellva3,? (Extra F~e) [] Ye~ 2. Artl~e Number PS Form 381 1, February 2004 7005 1820 0005 2052 1594 · Comple{e items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailplece, or on the front if space permits. 2. A~tlcle Number (Transfer from ~ •Agent B. Received by ( Ptfnted Name) 3. ' ype [] Registered [] Retum Receipt for Memhandl~e [] Insured Mall [] C.O.D. 4. Restricted Oetive~ (Extra Fee) [] y~ 7005 1820 0005 2052 1426 , PS Form 3811, February 2004 Domestic Retum Receipt 102595-o2-M-1540 2. Aracle Number . . . PS Form 3811, February 2004 Domestic Return Receipt 102595-~2-M-1540 ~-M-1540: Lewis E. Topper 3605 Camp Mineola Road Mattituck, NY 11952 (718) 288-2711 July 30, 2007 Zoning Board of Appeals Southold Town Hall P.O. Box 1179 Southold, NY 11971 Re: Daneri Application 200 Terry Path; Mattituck Dear Members of the Board: I am writing to express my feelings regarding the proposed development of the new Daneri residence. Almost all of the properties that abut the waterfront have been constructed in proportion to their lot size and in many cases have been completely rebuilt or substantially remodeled and extended. The Daneri property is the only one that is disproportionately undersized and has never been improved. I am fortunate to be the Daneri's neighbor and I am very pleased for them that after all these years they plan to build such a beautiful and appropriate home on their property. Their plans call for an elegant building substantially set back from the water and as a result, a structure that will not be raised on pilings. They have been quite thoughtful in choosing this location and construction method. As a result their immediate neighbors will have better views of the bay. Further, their structure will not have an elevation that begins five feet higher than the adjoining properties. My home at 3605 Camp Mineola Road is just two doors down from Charlie and Katherine Daneri and I have a substantial amount invested in my residence. There is no doubt that the Daneri project will enhance the value of all of the properties in this small waterfront community. I believe it is important for the Board to act as quickly as possible because the present cottage is not a suitable habitation for this family and, as their friend, I feel it is very important for them to be able to reside in a new beautiful home both reflective of the kind of people they are and consistent with the character of the neighborhood. Thank you for taking the time to read this letter. b~itted, Lewis E. Topper 420 Terry Path Mattituek, NY 11952 August 2, 2007 Southold Zoning Board Southold, NY To Whom It May Concern, We are wdt'mg this letter on behalf of Mr. Eugene Daneri who resides at 200 Terry Path. We have known Mr. Daneri from his youth to adulthood. He has always been a considerate neighbor and showed an interest in our small beach area. We understand he is requesting to make changes to his home and we feel that these changes will enhance this beachfront area. By moving his house back it will improve the bay visibility for all his neighbors. We are in support of his request. If you have any further questions please feel free to contact us at 631-298-4390. Sincerely yours, JUL 3 I 2007 JUL 3 ] 200? Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 July 28, 2007 Re: Hearing 8~2/07 Katherine Daneri/16029 SCTM#: 1000-123-6-14 We as property owners on Terry Path (AKA Private Road 17) wish to provide our reactions to Katherine Daneri's intent to appear before the ZBA on August 2, 2007 in order to secure necessary variances for construction of a new single family dwelling and accessory garage. We have reviewed the materials supplied by the ZBA and have also reviewed a set of building plans available at the ZBA office. We find the design concept of the new structures to be acceptable and expect that the new buildings will enhance the property and will provide additional improvement to the shoreline profile. The proposed buildings should fit nicely into the neighborhood. We urge the ZBA to consider granting the variances requested thereby allowing the project to move forward. As property owners within a short distance of the property n question, we have no reservations about the project as presented. William R. Lascelle THORNTON E. SMITH, F. ASCE 37 Sandpiper Lane Greenport, NY 11944 631-477-4933 Phone/Fax AUG 3 I 2007 August 31, 2007 Southold Town Zoning Board of Appeals Town Hall, 53095 Main Road Southold, NY 11971-0959 Re: Public Hearing, Daneri Property, CTM 123-6-14 200 Terry Path, Mattituck, NY 11952 August 2, 2007 Ladies and Gentlemen: I am the representative of the owners of lot 15, which is immediately to the east of the Daneri lot 14. I very much appreciate the opportunity to respond at this time on this matter. We have supported the application of the Daneris to build a new home. (Board of Trustees Hearing, Page 61, Line 21 (61-21) For the reasons set forth below, however, the Board should deny the Daneris' proposal for sidelot setbacks totaling 22 feet and require them to adhere to the provisions of the code, which requires a single setback of 15 feet and a total of 35 feet. (22-13, 33-8) We do not challenge the aspects of the Daneri application which propose a 30 foot setback from the bulkhead and a 10 foot sidelot setback for the garage. The Sidelot Setbacks of the House The structure which the Daneris' propose to build is inappropriate for the lot and the neighborhood. As I have stated, "This is a humungous structure". (35-7, 14-20, 32- 13, 33-17) In his letter of August 14, 2007, the Daneris' architect, Mark K. Schwartz, reveals for the first time the genesis of the structure which the Daneris' propose to build and the reason why they seek small sidelot setbacks: they propose to build a "Southern Plantation style residence [which has] a long and interesting history". I attach the picture included in the architect's letter. In order to accommodate this massive structure with a double decker porch across the entire front of the house and a porch across the entire rear, they seek small sidelot setbacks. Southern Plantation style residences have been built throughout the South. They are, however, typically built on large plantations with acres of groomed lawns in all directions. The Daneris may like Southem Plantation architecture. So do I; but the lots in Camp Mineola East are not Southem Plantations with acres in all directions. They are narrow beachfront lots on the North Fork of Long Island. I have not located any similar Southern Plantation style residences on the North Fork. The Daneris should select an architectural solution which is consistent with the conununity of Camp Mineola East. The other nine residences in Camp Mineola East are beachfront houses based on architectural styles of the 1920s. (20-19) More importantly, the Daneris should select an architectural solution which is consistent with the constraints of their lot. The Daneris' representative, Bruce Anderson, has acknowledged, "So the principal constraint to this property is its width". (2-11, 10- 10) The Daneris and their architect can prepare a solution which is attractive, compatible with the neighborhood, does not require encroaching on the side lot setbacks, and thus does not require a variance. (21-5) We have built our residence on lot 15 in a configuration which is consistent with the sidelot setbacks set forth in the code. (23-6) The Daneris should be required to do the SalTle. The Neighborhood Zoning History Although this report is a well-documented presentation relating to the issue of sidelot setbacks, most of the information in the report is not relevant to the issue before the Board. There are fifteen waterfront lots in the West End Properties Association of Camp Mineola, Inc., with an average depth of 165 feet, including one waterfront lot on the east side of Camp Mineola Road, plus three lots north of it. There are ten lots with depths of 600 feet in the Camp Mineola East community. Eleven of the fifteen West End waterfront lots and five of the nine Camp Mineola East lots (excluding Daneri) are narrower than the Daneri property. All of these lots have narrow sidelot setbacks. A comparison of sidelot dimensions should primarily involve the ten long lots of Camp Mineola East, not the short lots of West End Properties. (14-11, 20-15) In Camp Mineola East, the most spacious sidelot setbacks, with the most attractive landscaping, are on the four lots to the east of Daneri -- lots 15, 16, 17.2 and 17.1. We believe that the Daneri lot should adhere to the code and the relatively large sidelot setbacks of the four lots to the east. It should not extend the far less attractive pattern of limited sidelot setbacks to the west. The 30 Foot Setback I recommend that you approve a 30 foot setback of the house from the bulkhead. That figure has been approved by the Board of Trustees. For the ten lots which comprise Camp Mineola East, any greater setback would be incongruous in the community, would greatly diminish its integrity, and would, in my opinion, substantially deter the Daneris from undertaking the project. Such action would create a hardship -- and would thus create excellent grounds for an Article 78 proceeding, in which the entire community would support the Daneris. (8-17, 9-10, 9-23, 11-15, 22-24, 32-20, 33-5, 33- 9, 33-17, 34-17) The Garage Setback Subject to the approval of the Board, I accept the proposed 10 foot setback for the garage. Trees Lost in these discussions is an item of trees, which I discussed at the Board of Trustees Hearing. (62-20) While Mr. Anderson immediately said that the northern part of the driveway as shown on the plans would be changed (62-4), the Daneris have not done so in their most recent application. (BZA Hearing 21-2) The Documents Reviewed Since the Hearing, I have received the following documents: The Neighborhood Zoning History Addendum dated 8/2/2007 Letter of Mark K Schwartz, AIA, of August 14, 2007 Suffolk Environmental Consulting, Inc. letter of August 16, 2007 Minutes of the Hearng. CONCLUSION As I have pointed out, we must look to this Board for appropriate relief and for the possibility of an appropriate architectural solution to this site. (22-11, 24-11, 34-15) Thornton E. Smith encl: Southem Plantation Photo cc w. encl: Bruce A. Anderson D Southold 082306 !' TRUSTEE BERGEN: ~ understand. I.underst~qJ~Lthe denial of hat you are terming reasonable ~se.' ~T.~dl~gt want to make it lear this board doesn't take prop.~r~wa~ ?om people, we etermine whether or not applicat'~q's are going to be approved r disapproved or modified in sp~fe nt~nner. TRUSTEE KING: All right,/~'11 maXeamotion to table this pplication. There is a lo~r~of inform~.tion I want to go over ith this. I know the boar~ will want tb~review a lot of hings and I want to be p~epared to make~a decision at next onth's meeting. TRUSTEE DOHERTY: Second. TRUSTEE KING: All in favor? (ALL AYES.) TRUSTEE DICKERSON: Number 18, Suffolk Environmental onsulting, Inc., on behalf of Eugene Daneri requests a etland Permit to demolish the existing dwelling, existing dilapidated accessory wood frame structure and existing shed 10 and construct a new 46x55 foot two-story frame dwelling with 10x46 foot porch attached to the southern side and to install [~ a new sanitary system and detached 24x36 foot garage. Located: 200 Terry Path, Mattituck. [2 Is there anyone here to speak on behalf of this application? [3 MR. ANDERSON: On behalf of Environmenta~ Consulting. YOU have before you an application, which application seeks to [4 demolish an existing single-family dwelling. It is now located 25-and-a-half feet of the wetland boundary. The 15 wetland boundary in this case is the mean high water mark as shown on the survey. So we would demolish that house and 16 while beyond this board's jurisdiction, we would demolish a second house. There are two houses on the property. The 17 house in the rear is in disrepair. It still carries with it a building right. It is extinguished here. And it's served by 18 two existing cesspoo]s which do not meet current Health Department regulations. And they would be removed, de facto, 19 and you would have a compliant septic system. The new dwelling would be 60 feet from the wetland but it 20 has a ten-foot oorch and that ten-foot porch would make its distance from the wetland boundary 50 feet. so the structural 2~ distance, if you will, this is between the nearest principle structure, inclusive of the porch and the wetland boundary is 22 doubled in this application. An aerial shows how this works with the neighborhood. 23 what you can see from the aerial is that you are dealing with an area that contains multiple dwellings, none of which meets 24 your 100-foot setback rule. I can tell you this is the second one we have done in recent times and in each and every case we 25 sought to move them back, um, to the extent we feel reasonable. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 southold 082306 66 NOW we don't really.want to move them back too far because he reasonably enjoys the view and we fee] there is no reason to ruin that view and also because the property narrows from the waterside from the southern lot line to the northern lot line so the further we move it back the more serious our zoning problems become. As it stands today we will have to go to the zoning board for zoning relating to the side yard boundaries. You should know that there would be no relief required for bulkhead setbacks because the code concerning zoning was built into it is to encourage to re]ocate peop]e further from the bulkhead that is existing. So we would comply with that. And I think the upgraded septic system is consistent with what this board is trying to do in this area. AS a final matter, I would anticipate runoff contro] by way of gutters into the drywells. I would anticipate that there would be suitable erosion control by way of silt fence and hay bales that would surround the activity including the demo]ition of the existing buildings on the property an~ ask for any questions you may have. TRUSTEE DOHER~': Thank you. Is there anyone else that would like to speak to this? step up to the microphone, please. MR. SMITH: My name is Thornton Smith and I'm a neighbor of Mr. Daneri's. I known him as long as he has been around. I am a civil engineer and a registered professional engineer in the State of New York and several other jurisdictions. I'm also joined this evening by my sister who is lending me her glasses, we occupy on the drawing that you just received what are four lots, 19 and 16. Mr. Daneri has the third of ten lots that are all in a row in this area. They are all characterized by having a short dimension on the bay, a short dimension in the back and in Mr. Daneri's case is 68 feet on the bay and 62 feet in the back, and then a long, 600-foot north/south dimension. In general, on all of these lots there is almost nothing built on the northern 500 feet of the lots. They are used merely for driveways with almost no exception. My sister is not adjacent to the property. I'm adjacent to the property with a 600-foot common border to the east and my sister is to the east of me. we are both here to support the application of Mr. oaneri to construct a new building. We believe it would be in the best interest of the neighborhood to get the building, which is old and small, particularly the second one, was demolished. we have just three items that we would like to bring to your attention; two of them probably are not within the ~urisdiction of your board, while I hope since this is the tirst application we heard on this matter, we can put it in 67 the record so that these three items, the problems and opportunities associated with them, can be taken care of. Probably the most important is that both the new Page 61 3 4 5 6 7 8 9 10 12 13 14 15 17 19 2O 21 22 23 24 25 Sou%hold 082306 structure, which has two sideline setbacks, and the new accessory structure, which has one, I understand are not in accordance with the building code setback and I trust that that will probably be an issue for the Building Department and not for your board. I do believe, however, that they could design a structure which, two structures, which would be suitable for the ~roperty, allow them to have whatever area they might want and e able to meet the building code requirements and that that will not have to be a violation which they would have to take to the zoning board. The second issue which I think is, z just think a plus that could be done here, which I think is under your control. My lot reaches to the east on this drawing, shows a nine-foot contour and then it shows an eight-foot contour going across the lot of the new building. T~ese contours indicate, as is the case if you are out in the field, that his lot is a little lower than mine, particularly where the houses are. I think if this building is demolished he has an opportunity to raise his level by a foot to a foot-and-a-half. In the days of global warmng, I think that would be a good idea. He has a bulkhead which is probably one of the oldest in the area. My sister and I have both been on the sites for 70 years know the bulkheads don't last for ever. we have, however, and several other houses to the east of us, have fine bulkheads which I think are going to last for some time. Mr. Daneri's bulkhead is one of the oldest in the area and it's about 15 inches, at least, lower than the adjacent one that I have and my sister has. It would seem to me that in raising this area where the house would be would not necessarily at this time raising the bulkhead, you would put yourself in the position where when a new bulkhead is needed there, it would be an advantage to the area to have a new bulkhead that is higher and that is properly, house is on a site that is a little higher. The third thing I want to mention, which I think is outside of your jurisdiction, is that on the northern 500 feet where he has an existing.driveway now, he is abandoning about 400 feet of it. He's going to cut down what z would say 4,000 square feet of pine woods ~n order to put in a driveway right next to the one which already exists. I don't see any reason why he should make a change to the driveway. He's driven in to this site, and his father before him, for 70 years, and I see that he's going to construct a new garage and he needs to turn around safely. But why he's trying to cut down some 4,000 feet of forest, I don't quite understand. Apparently that is all outside of your 68 jurisdiction but I hope that you will be able to bring it to the attention of ~he appropriate parties. Thank you. TRUSTEE KING. Thank you. TRUSTEE DOHERTY: Thank you. Is there any other comment? MR. ANDERSON: Just one. The bulkhead is not part of our application. That's the first. The second is that the driveway, they intend to use the same driveways, we won't be doing that. You should correct that driveway, although you Page 62 5 6 7 9 10 11 12 14 15 16 17 18 19 20 21 22 24 25 southold 082306 don't need it -- that's a good point. I didn't see it. AS far as filling the lot, I don't know that that is, that's not usually what we do. we usually, if you fill a lot too much it might cause a drainage problem to others, so that's not something we usually.do, we are not opposed to it. TRUSTEE HOLZAPFEL: Bruce, just as a question. A lot of the new construction has a certain height that the first floor has to be above. Is the foundation up higher? MR. ANDERSON: Well, it's a good question because if you'll see -- TRUSTEE HOLZAPFEL: Let me just -- I don't have a problem with any of it. what I'm saying is if the foundation sticks two, three, four feet above the ground, it might be a chance to fill in and -- you know, how some of the new houses, they are built because of the flood plane, have a foundation that sticks four, five feet above the ground level and it makes the house stand out rather uniquely. That's all, it's just an observation. MR. ANDERSON: I don't think we designed the foundation yet. I can tell you that down the road where we went through that we did pile-type foundations. It's different, we did it for flood plane reasons. TRUSTEE DICKERSON: If it's something that they feel they need to bring fill in, they could always come in for an amendment. MR. SMITH: 3ust a comment. The suggestion, I would not suggest raising the existing floor plan more than 15 inches; 18 at the top. Essentially to make the land where the new house is going to be at the same elevation as the land on my property right next door. . I might add that there is on this plan also a small, what is called wood wall on the west side of this property. It's only about eight.to ten inches high. So the property to the west is also a little higher than the Daneri property and I think filling in, incidentally, right where the house is, whether you fill in the rest of the property, 600 feet, I have no intention of doing anything there. Even back where the accessory building is, I~m not sure that would be a need to raise. I'm just thinking where the house would be. TRUSTEE DOHERTY: Thank you. I think the comments about the fill are up to the applicant whether they want to pursue that or not, so. Is there any other comment.~ 1 2 3 4 5 6 7 69 TRUSTEE BERGEN: I had also a suggestion for the applicants. We did note there was a very large holly tree that looks like it's going to be lost due to this construction and just to consider af there is an opportunity to keep that, move it, sell it, whatever. Because it is a beautiful site. TRUSTEE DZCKERSON: Hearing no other comments, I make a motion to close the hearing. TRUSTEE DOHERTY: Second. TRUSTEE DICKERSON: All in favor? (ALL AYES.) CAC comments: CAC recommends approval with the condition the bulkhead is replaced on a ten-foot, non-turf buffer installed landward of the bulkhead; drywells, gutters Page 63 Southold 082306 are installed to contain roof runoff and the holly tree be 8 relocated. And there are no -- I don't see any drywells on the plan. 9 Although ! know you anticipate that, I would like to see some. 3ust as a matter of rule, I would like to see drywells 10 put on the plan. I'll make a motion to approve the Suffolk Environmental 11 on behalf of Eugene Daneri and request a wetland Permit to demolish existing dwelling, existing dilapidated accessory 12 wood frame structure and existing shed and construct a new 46x55 foot, two-story frame dwelling with a 10x46 foot porch 13 attached to the southern side and to install a new sanitary system and detached 24x36 foot 9arage with dry. ells to contain 14 all the roof runoff, hay bales in front of the bulkhead, at the line of the bulkhead all the way across, during 15 construction. ! want to say that we appreciate that you moved the 16 house, the structure back, as far as you did, and with that we feel that it is not to be inconsistent with LWRP. SO I think 17 that was all the stipulations we have on it and that's the motion I make. And ten-foot, non-turf -- we would like to 18 request also if you could put a ten-foot non-turf buffer behind the bulkhead head. If that lawn is going to be 19 disturbed when you replant, not to replant all the way up to the bulkhead. We don~t want lawn all the way up to the Z0 bulkhead. If you could leave a ten-foot non-turf; it could be stone, just not lawn all the way.up to the bulkhead. 21 MR. 3OHNSTON: How about native species. TRUSTEE DOHERTY; Let me finish. We are in the middle of 22 a motion. I make that motion. DO Z have a second? TRUSTEE BERGEN; Second. 23 TRUSTEE DOHERTY: All in favor? (ALL AYES.) 24 MR. ANDERSON: Of the ten houses there, all of them are planting right up to the bulkhead with good lawns and that 25 would be, I think, out of keeping with the others. TRUSTEE DOHER~'F: I understand that. what we are trying to 1 2 3 4 5 6 7 8 9 7O do, as applicants come in, is we try to correct that. TRUSTEE HOL~PFEL: YOU might also want to go to the ten neighbors and tell them it would be much more environmently conscious to get rid of the grass right up to the bulkhead and replace it with non-turf buffer. We recommend that. We require it on all our applications. You might want to go back to those people and tell them they could help us. TRUSTEE DOHERI~: SO, Brucet if we could get new plans with the drywells on it. Make it subject to receiving new plan with drywells. Thank you. TRUSTEE KING: we'll take a five-minute recess. (After a brief recess, these proceedings continue as follows.) TRUSTEE HOLZAPFEL: Number 20, Patricia Moore on behalf of Gregersen's Keep, LLC, requests a wetland Permit to construct a 4x34 foot fixed elevated catwalk with steps secured with six-inch diameter pilin~j~i~t~L~oot hinged ramp and 6x20 foot THORNTON E. SMITH, F. ASCE 37 Sandpiper Lane Greenport, NY 11944 631-477-4933 Phone/Fax August 2, 2007 SUBMISSION TO THE SOUTHOLD TOWN ZONING BOARD OF APPEALS WITH REGARD TO THE DANERI PROPERTY 200 PRIVATE ROAD 17, MATTITUCK 100-123-6-14 Ladies and Gentlemen: My name is Thornton Smith. I am an immediate neighbor of the Daneris, to the east. In 2006 1 transferred my property to my five children, and I appear here as their agent. My sister, Shirley S. Anderson, owns the next property to the east. Our lots are numbers 15 and 16. (On an aerial photograph filed in this matter my number is erroneously listed as 19.) The Daneris own the second of ten lots thaf are all in a row in this community. They are characterized by having short dimensions on the bay and at the north end, and long, 600 foot north/south dimensions. On the northern 400 feet nothing is built on any of them; the land contains only driveways. Along the bay these houses were all constructed to architectural designs that were in keeping with accepted customs at the time, with special attention to setbacks and landscaping. We have known Mr. Daneri for many years, and his late parents before him. I am a Registered Professional Engineer (Inactive Status) in the State of New York and am also registered in three other jurisdictions. I am a Fellow of the American Society of Civil Engineers and on the Retired List of the Corps of Engineers. In the past in other jurisdictions I have served both as a Building Inspector and as a Member of a Zoning Board of Appeals. Last August I appeared before the Board of Trustees on this matter. I pointed out that "on the northern 500 feet he is abandoning about 400 feet...ofpine woods in order to put a driveway fight next to one which already exists. I don't see any reason why he should make a change." Much more importantly, I also raised the iSSue of the sideline building setbacks. I stated, "I do believe...that they could design...two structures which would be suitable for the property, allow them to have whatever area they might want and be able to meet the building code requirements, and that...will not have to be a violation which they would have to take to the Zoning Board". Obviously, for the current owners of my property - and, we believe, for the community -- the issue of setbacks is the controlling issue for this application. While my practice as a civil engineer has been mainly as a constructor, I have on several occasions also controlled the design of both buildings and land development, including projects in the Town of Southold. Professionally I strive to achieve high standards of design that are compatible with the area. This project, as presented, violates these standards. The house has a single setback of 7 feet, whereas the code requires 15; it has total setbacks of 14 feet, whereas the code requires 35. The garage has a setback of 5 feet, whereas the code requires 20. (It also has a height of 24.58 feet, whereas the code requires a maximum.of 22. The donners encompass 73% of roof width, whereas the code limits them to a maximum roof width of 40%.) There is a reason why these requirements are incorporated in the code. That reason is to protect the legitimate and recognized interest of neighbors not to have houses built too close to their own structures (or too high!). As neighbors we care about these issues. This plan is not an appropriate solution for this site or in this community, nor is it in keeping with the standards which the citizens of the Town of Southold wish to maintain, as indicated by the approved Building Code of the Town. As an example of the sensitive treatment of a similar site, I submit the development of our own adjacent property. It is of similar width. The house is L shaped, with the base of the L on the water. The vertical part of the L stretches to the North, where there is effectively no setback limit. The east side has a single setback of 19 feet on the southern portion of the building, versus a code requirement of 15 feet, and a 29 foot setback on the northern portion. On the west side there is a setback of 22.5 feet. Thus on the southern portion of the building the total setback is 41.5 feet, versus a code requirement of 35 feet, and on the northern portion of the building the total setback is 51.5 feet. We submit that this layout is an excellent solution to an admittedly limiting problem of the width of the site. We achieved the functional requirements of the building without breaching or even reaching the limits of the Building Code. Thus we encountered no hardship. With competent architectural design the Daneri property on our western boundary would present no hardship either. We ask for a compatible solution. The Board of Zoning Appeals has the responsibility, in the first instance, to monitor adherence to the accepted standards of the Town. Since it is apparent that Mr. and Mrs. Daneri do not intend to adhere to the code, we express our strong disapproval of this application, and plead that you disallow it in its entirety, and thereby force them to adhere to the code. Thornton E. Smith ~ JUl - 460 T~rY Path Mattituck, N.Y. 11952 July 15, 2007 631-298-1188 Southold Zoning Board $outhold, N.Y. Dear Sirs, I am wdting this letter on behalf of Mr. Eugene Daneri who resides at 200 Terry Path. We are aware of the project Mr. Daneri has presented before your Board and want you to know that we are in favor of his request. Mr Daneri has been a valued and respected neighbor for many years. We have seen the plans for his new dwelling and are convinced that it not only conforms to the neighboring architecture but will increase the value and aesthetic appeal of all the homes on Terry Path. Please file this letter with his request and I hope you will decide in favor of his proposal. Sincerely yours, Adlyn Syverson 16:01 From-6858888~8898866886658898888 +5052053151 240 Tarrry Path Mattituek, NY 11952 CTM 123-6-15 July 30, 2007 Southold Town Zonit~ Board of Appeals Town Hall, 53095 M*in Road Southolfl, NY 11971-0959 Re: Public I-Ieaxing, Daneri Properly, CTIvl 123.6-14 200 Terry Patlx, Mattimck, NY 11952 August 2, 2007 Gentlemen: We are owners, as Tenants in Common, of thc adjacent parcel to the caSt of the above referenced property. We strongly oppose the ~'anl/~g of the var/anoes requested by We l~reby appo/nt Thornton E. Smiih as our a~ent with full author/fy to represent us in ~is mauer. Atiached is a copy of ~he d~-d indicating our ow~rship of our property. Enol: yours very lruly, Smith Davies Tedd Wakele~ Smith Riordon Buel Smith Neff Heath Smith 07/30/2007 NON 17:08 [TX/RX NO 9986] ~002 240 Terrry Path Mattituck, NY 11952 CTM 123-6-15 July 30, 2007 Southold Town Zoning Board of Appeals Town Hall, 53095 Main Road Southold, NY 11971-0959 Re: Public Hearing, Daneri Property, CTM 123-6-14 200 Terry Path, Mattimck, NY 11952 August 2, 2007 Gentlemen: We are owners, as Tenants in Common, of the adjacent parcel to the east of the above referenced property. We strongly oppose the granting of the variances requested by the applicant. We hereby appoint Thornton E. Smith as our agent with full authority to represent us in this matter. Attached is a copy of the deed indicating our ownership of our property. Encl: Yours very truly, Jeffrey Thornton Smith Tm-in Smith Davies Todd Wakelee Smith Riordon Buel Smith Neil Heath Smith 07/31/2007 10:24 FAX NAUTIC PARTNERS ~002/002 240TonzyPath Mattituck, NY 11952 CTM123-6-15 July 30, 2007 Southold Town Zoning Board of Appeals Town Hall, 53095 Main Road Southold, NY 11971-0959 Re: Public Hearing, Daneri Property, CTM 123-6-14 200 Terry Path, Mattituck, NY 11952 August 2, 2007 Gentlemen: We are owners, as Tenants in Common, of the adjacent parcel to the east of the above referenced property. We strongly oppose the granting of the variances requested by the applicant. We hereby appoint Thornton E, Smith as our agent with full authority to represent us in this ma~ter. Attached is a copy of the deed indicating our ownership of our property. Encl: Yours V~Ty truly, Jeffrey Thornton Smith Tarin Smith Davies Todd W~elee Smith Riordon Buel Smith Neil Heath Smith 240 Terrry Path Mattituck, NY 11952 CTM 123-6-15 July 30, 2007 Southold Town Zoning Board of Appeals Town Hall, 53095 Main Road Southold, NY 11971-0959 Re: Public Hearing, Daneri Property, CTM 123-6-14 200 Terry Path, Mattituck, NY 11952 August 2, 2007 Gentlemen: We are owners, as Tenants in Common, of the adjacent parcel to the east of the above referenced property. We strongly oppose the granting of the variances requested by the applicant. We hereby appoint Thornton E. Smith as our agent with full authority to represent us in this matter. Attached is a copy of the deed indicating our ownership of our property. Encl: Yours very truly, Jeffrey Thornton Smith Tarin Smith Davies Todd Wakelee Smith Riordon Buel Smith Neil Heath Smith SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEEDS/DDD Ntunber of Pages: 6 Receipt Number : 06-0101394 TRANSFER TAX NUMBER: 06-09703 District: 1000 Deed Amount: Section: Block: 123.00 06.00 EXAMINED AIgD CHARGED AS $0.00 Recorded: At: LIBER: PAGE: FOLLOWS Received the Following Fees For Above Instrument Exempt Page/Filing COE EA-CTY TP-584 RPT Transfer tax TR3%NSFER TAX Nw3M~ER: $18 $5 $5 $5 $30 00 $0 oo 00 NO Handling 00 NO NYS SRCHG 00 NO EA-STATE 00 NO Cert. Copies NO SCTM .. NO Con~.Pres Fees Paid 06-09703 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County 10/17/2006 03:53:21 PM D00012474 517 Lot: 015.000 Exempt $5.00 NO $15.00 NO $75.00 NO $7.50 NO $0.00 NO $0.00 NO $165.50 Number of pages This document will be public record. Please remove all Social Security Numbers prior to recording. Deed / Mortgage Instrument 31 Page / Filing Fee Handling TP-584 5. O0 25. O0 15. O0 Notation EA-52 17 (County) EA-5217 (State) R.PT.S.A. Comm. of Ed. Affidavit Certified Copy NYS Surcharge Other Deed / Mortgage Tax Stamp RECORDED 2006 Oct 17 03:5:,:2i Judith fi. Piscile CLERK OF SUFFOLK COUtqT¥ L D00012474 P 517 DT# 06-09?03 Sub Total Sub Total Grand Total / ~ 5 '5"0 4 Dist. Real Property Tax Service Agency Verification 6 8 Satisfaction. Section Imock ILot 06036114 1000 12300 0600 015000 RECORD & RETURN TO: Mail to: Judith A. Pascalo, Suffolk County Clerk Recording / Filing Stamps tess .. ,Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total SPec)Assit. or Spec./Add. TOT. MTG. TAX Dual Town __ Dual County __ Held for Appointment Transfer Tax Mansion Tax The property'covered by this mortgage is Or will be improved by a one or two family dwelling only. YES or NO If N,O,.see appropriat, e tax clause on page ~ of this instrymept. 5 Community Preservation Fund Consideration Amount $ CPF Tax Du~ $ Improved _~ Vacant Land TD TD TD TO In the TOWN of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) The premises herein is situated in SUFFOLK COUNTY, NEW YORK. Suffolk County Recording & Endorsement Page ¢ This page forms part of the attached ~ ~ ~ made by: (SPECIFY TYPE OF INSTRUMENT) ]Jol Title Company Information 310 Center Drive, Riverhead, NY 11901 . Name www. suffolkcountyny, gov/clerk I Title # BARGAIN AND SALE DEED WITH COVENANT AGAINST GRANTOR'S ACTS (INDIVIDUAL OR CORPORATION) FORM 8002 (short version), FORM 8007 (long version) CAUTION: THIS AGREEMENT SHOULD BE PREPARED BY AN ATTORNEY AND REVIEWED BY ATTORNEYS FOR SELLER AND THIS INDENTURE, made the~_2_f3~y of~20016,~::' BETWEEN Thornton E. Smith, Individually, and as specific devisee, under Art. SIXTH of the Last Will and Testament of Hazel S. Smith, residing at 37 Sandpiper Lane, Greanport, New York 11944, party of the first part, and Jeffrey Thornton Smith, of 3011 North Oakland Street, Arlington, VA 22207, Tarin Smith Davies of 13209 Manitoba N.E., Albuquerque, NM 87111, Todd WakeleeSmlth of 50 Crows Nest, Bronxville, New York 10718, Riordon BuelSmlth, 60 Bow Street, Greenwich, RI 02818 and Neil Heath Smith, 7 Bay State Road, Weston, MA 02493 each as to a twenty (20%) percent share, AS TENANTS IN COMMON, party of the second part, W1TNESSETH, that the party of the first part, in consideration often Dollars and No Cents ($10.00), lawful money of the United States, and other good and valuable consideration, paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the seeund part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the: See Schedule A Annexed TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights o~'the party of the first part in and to said premises; SAID premises being and intended to be the same premises conveyed to Hazel E. Smith by L. Maude Klapper, by Deed dated April 15, 1965 and recorded in the Office of the Suffolk County Clerk on April 19, 1965, Liber 5731, Page 297. TO HA VE AND TO HOLD the premises herein granted unto the party of the second pan, the heirs or successors and assigns of the party of the second pan forever. AND the party of the first part, co. venants that the party of the first pan has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first pan, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will NYSBA's Residential Real Eatate Forms(9/0~) ~ 2005 Matthew Bender & Co., a member of the LexisNexis Group, apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires, IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. THORNTON E. SMITH NYSBA's Residential Real Estate Forms (9/00) 2005 Matthew Bender & Co,, a member of thc LexisNexis Group, -2- Acknowledgment by a Person Within New York State (RPL § 309-a) STATE OF NEWi~YOR~ . /7 L · I ss.: COUNTY OF /~/~ ) Onthe /Tdayof ~)~-, ,2006, before me, the undersigned, personally appeared Thornton E. Smith, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he executed the same in his capacity(ies), and that by his signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument.. (signature and office of individual taking acknowledgment) CARIN M. FRANCICA Notary Public, State Of New York No. 01FR4951479 Qualified In Suffolk County~ ~7 Commission Expires July 13, 20 C/ / NYSBA's Residential Real Estate Forms(9/00) 0 2005 Matthew Bender & Co., a melnber of the LexisNexis Group Bargain and Sale Deed With Covenant Thornton E. Smith Section 123 Block 006 To Lot 015 Jeffrey Thornton Smith, Tartn Smith County or Town Suffolk Davies, Todd Wakelee Smith, Riordon Street Address 75 Tent Path Buel Smith and Nell Heath Smith, as Mattituck, New York 11952 TENANTS IN COMMON Reserve Return By Mail To: E. Parker Neave, Esq. Putney, Twombly, Hall & Hirson, LLP 521 Fifth Avenue, 10th Floor New York, New York 10175 This Space For Use Of Recording Office 2005 Matthew Bender & Co., a member of the LexisNexis Group NYSBA's Residential Real Estate Forms (9/00) -4. SCHEDULE A ALL that certain plot, piece or parcel of land with the buildings erected thereon, situate, lying and being at Mattltuck, in the Town ~f Southold, County of Suffol~ and Skate of New York, bounded and described as follows: BEGINNING at a point on the southerly side of a right of way con- veyed by Laetitia Reeve and others to L~one D. Howell by deed recorded in Suffolk County Clerk'S office in Libor 10~4 cp 170, said point of beginning being at the northwesterly corner o.f land about to be described and adJoinir~ the easterly line of land of George H. Terry; RUNNING THENCE south 89 degrees 09 minutes east along the southerly s ids of right of way 66.75 feet to land of Hazel Smith (formerly Seaman); THENCE south,~ degrees 29 minutes ~O seconds east along land of Hazel Smith ~formerly Seaman) 617 feet to the mean htghwater line of Peconic Bay; THENCE south 89 degrees 49 minutes ~0 seconds west along the mean hlghwater line of Peconic Bay 75.53 feet to land of Mrs. George Terry; THENCE north 2 degrees 40 minutes 10 seconds west along lend of Mrs. George Terry 617.75 feet to the southerly side of right of way at the point or plece of beginning, Together with the right to peas and repass and establish telephone and c li ht lines over a certain open right of way 25 feet wide, electri g Avenue nearly =~mm southerly from the southerly side of N.ew. Suf~folk ; j j° aratoo e ake, over the lands the later owne'~ ~¥ Laetitie Reeve, J. Wick~am Reeve, Ruth E. Booth, Carrie H. Tuthill and Lizzie R. Hallock to the land conveyed to Leone D. Howell t~ mee~ another right of way established along the northerly line o£ lan~ conveyed to said Leone D. Howell and others,. The righ~ of way to the south of New SuffolR Avenue to the second esta~lished rimht of way bel~ for~that distance the same as that establiehed by and between the ~ate Geroge B. Reeve and wife, and Florence B. Reeve and Phebe Hollister by instrument dated November 23, 1906 and re~o~ded in ~he office of the Clerk of S~folk County on She 5~h day of Sepgember, 1907 in Liter 629 at p~e 168. A~0 ~ogether with a right of w~ ~o pass and repass over said 50 foo~ s~rip of land conveyed by the said Laetl$ia Reeve and others ~o ~one D. Howell as hereinabove mentioned from the westerly line of the rig~ of way runni~ from New Suffolk Avenue ~sterly ~o land of Norris. Su olk Environmental Consulting, Inc. Newman Village, Suite E, 2322 Main Street, P.O. Box 2003, Bridgehampton, New York 11932-2003 (631) 537-5160 Fax: (631) 537-5291 Bruce Anderson, M.S., President Hand Delivered july 31, 2007 Ms. Linda Kowalski Zoning Board of Appeals Southold Town Hall P.O. Box 1179 Southold, NY 11971 Re~ Situate: SCTM #: AUG - DANERI Application i .... 200 Private Road 17 iTemj Path); Matfftnck Town of Southold, New York 1000 - 125 - 6 - 14 Dear Ms. Kowalski, As promised, please find the following enclosed herewith as it relates to the above referenced application: Revised Survey of subject parcel prepared by Nathan Taft Corwin III and last dated July 25, 2007 (original and eight [8] copies) indicating the following: o Side yard setbacks for both cantilevered sections ot the orooosed dwelling; ' o Side yard setbacks for proposed southern porch steps; o Bulkhead setback for the proposed southern porch steps; / ~v~3 5 ~5~ Photographs of the subject parcel illustral~ng the location of the existing dwelling as it relates to adjacent existing dwellings. Kinaly review the enclosed items and add them to your records. Thank you tot your added time and attention in this matter. Cc: E. Daneri DANERI PROPERTY Situate: 200 Terry Path; Mattituck; Town of Southold, NY SCTM#: 1000- 123- 6- 14 Photo taken from the south side of the existing dwelling facing east showing the existing dwelling on the subject parcel in relation to the existing dwelling on Lot # 15. Please note that the proposed dwelling will be located approximately 8' further landward than the existing dwelling on Lot # 15. DANERI PROPERTY Situate: 200 Terry Path; Mattituck; Town of Southold, NY SCTM#: 1000- 123- 6- 14 Photo taken from the south side of the existing dwelling facing west showing the existing dwelling on the subject parcel in relation to the existing dwelling on Lot # ] 3. Please note that the proposed dwelling will be located approximately 20' further landward than the existing dwelling on Lot # 13. Suffolk Environmental Consulting, Inc. Newman Village, Suite E, 2322 Main Street, P.O. Box 2003, Bridgehampton, New York 11932-2003 (631) 537-5160 Bruce Anderson, M.S., President April 5, 2007 Mr. James Dinizio, Chairman Zoning Board of Appeals Southold Town Hall P.O. Box 1179 Southold, NY 11971 Hand Delivered Fax: (631) 537-5291 Attn: Ms. Linda Kowalski Re.' Situate: SCTM #: DANERI Property 200 Private Road 17 (Terry Path); Mattituck Town of Southold, New York 1000 - 123 - 6 - 14 Dear Mr. Dinizfio, As you may recall, we had submitted an application to your Board regarding a proposed single family dwelling at the above referenced property. Because of a slight change to the footprint of the proposed dwelling, the submitted Notice of Disapproval required amending, and the application was~re~t~med ~u~s_. _W_e _ ,hayeohl~!ned an amended Notice of Disapproval, and ubnmt the instant applicati Please note, the Southold Town Trustees and the NYSDEC have already granted approval for this project. Please be advised that the Trustee Approval will require a slight amendment to match the current proposal; however, the proposed dwelling and sanitary system have moved no closer to the wetland boundary than what was approved. The SCDHS Approval is still pending, but said approval is anticipated shortly. Please find eight [8] collated application packets enclosed herewith. Each packet contains the following: 1) Amended Notice of Disapproval from the Southold Town Building Depa, h,,ent; 2) Application to the Southold Town Board of Appeals; 3) Applicant's Project Description; 4) Survey of subject parcel prepared by Joseph A. Ingegno indicating all existing and proposed structures thereon last dated March 28, 2007; 5) Architectural Plans of the proposed dwelling prepared by Mr. Mark K. Schwartz last dated 5/3/2006; 6) Town of Southold Property Record Card; 7) LWRP Consistency Assessment Form; 8) NYSDEC Letter of Non-jurisdiction issued in connection with the instant proposal; 9) Town of Southold Board of Trustees Permit #6428; 10) Photographs of subject parcel indicating the staking plan; 11) Check in the amount of $600.00 to cover the requisite application fee. Kindly review the enclosed items and schedule this matter for the first available meeting of yottr Board. If any additional information of any kind is needed, please contact me via telephone. Please do not return the application to us, as it causes an unnecessary delay. Any request will be filled immediately and hand delivered to yot~r office. Thank you for you added attention and courtesy in this matter. Sincerely, William I. Lohn Encl. Cc: E. Daneri Suffolk Environmental Consulting, Inc. Newma~ VilLqge, ~ Street, P.O. Box 2003, Bridgelmmpton, New York 11931-2~03 (631) 557-5160 FAX: (631) .~7-5291 FAX COVER Date: 5/1/2007 Pages: 1 To: Ms. Linda Kowalski Company: Southold Town Zoning Board of Appeals Fax#: (631) 765-9064 From: William J. Lohn Re: DANERI Application (#6029) Comments: Dear Ms. Kowalski, I am writing in response to your fax dated April 30, 2007. Please be advised that due to the applicability of the new Local Law 2 of 2007 to the instant proposal, review pertaining to the accessory garage cannot take place now. A new application will be made at a later date concerning the proposed garage. If you have any questions, or require ~,lditlonal information, please don't hesitate to contact me. Thank you as always for your attention and consideration. Sincerely, William J. Lohn Cc: E. Daneri FORM NO. 3 NOTICE OF DISAPPROVAL TO: Suffolk Environmental Consulting (Daneri) PO Box 2003 Bridgehampton, NY 11932 DATE: October 31, 2006 AMENDED: February 21, 2007 Please take notice that your application dated October 25, 2006 For permit to demolish an existing single family dwelling and construct a new single family dwelling at Location of property: 200 Private Road #17, Mattituck, NY County Tax Map No. 1000 - Section 123 Block _6 Lot 14 Is returned herewith and disapproved on the following grounds: The proposed construction, on this conforming 1-acre parcel in the Residential R-40 District, is not permitted pursuant to Article XXIII Section 280-114, which states, "No building or premises shall be used and no building or part thereof shall be erected or altered in the A-C, RoS0, R-120, R-200 and R-400 Districts unless the same conforms to the Bulk Schedule and Parking Schedule incorporated into this chapter with the same force and effect as if such regulations were set forth herein full."~. 13ffll~sch~ule requires a minimum single side yard setb ka~ of 1 ~ ~_f)et and a~si~'-e yard_~t~ck of //35 fdetfil~ollowing the proposed construction, the new sin~ff~tffi~ly dwellin~ilJ, ha-ve'~'~ingle side Q.~ar~etback of+/- 7 feet and a total side yard setback of+/- 14 feet. In addition, the proposed construction is not permitted pursuant to Article XXIII Section 100-239.4B, which states[ "All buildings located on lots up. on which a bulkhead, concrete wall, riprap or similar structure exists and wJ~da~'~'~djacent to t~dal water bodies other than sounds shall be set back not less than s eve~fiv~II3X4le bulkhead." The proposed additions are noted as being +/- 27 feet from the existing bulkhead. This Notice of Disapproval was amended on February 21, 2007 to correct proposed setbacks. 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 NOTICE OF DISAPPROVAL DATE: October 31, 2006 "~ AMENDED: February 21, 2007 TO: Suffolk Environmental Consulting (Daneri) PO Box 2003 Bfidgehampton, NY 11932 Please take notice that your application dated October 25, 2006 For permit to demolish an existing single family dwelling and construct a new single family dwelling at Location of property: 200 Private Road #17, Mattituck, NY County Tax Map No. 1000 - Section 123 Block 6 Lot 14 Is returned herewith and disapproved on the following grounds: The proposed construction, on this conforming 1-acre parcel in the Residential R-40 District, is not permitted pursuant to Article XXIII Section 280-114, which states, "No building or premises shall be used and no building or part thereof shall be erected or altered in the A-C, R-80, R-120, R-200 and R-400 Districts unless the same conforms to the Bulk Schedule and Parking Schedule incorporated into this chapter with the same force and effect as if such regulations were set forth herein full." Bulk schedule requires a minimum single side yard setback of 15 feet and a total side yard setback of 35 feet. Following the proposed construction, the new single-family dwelling will have a single side yard setback of+/- 7 feet and a total side yard setback of+/- 14 feet. In addition, the proposed construction is not permitted pursuant to Article XXIII Section 100-239.4B, which states; "All buildings located on lots upon which a bulkhead, concrete wall, riprap or similar structure exists and which are adjacent to tidal water bodies other than sounds shall be set back not less than seventy-five (75) feet from the bulkhead." The proposed additions are noted as being +/- 27 feet from the existing bulkhead. This Notice of Disapproval was amended on February 21~ 2007 to correct proposed setbacks. ~t~riz~d ~i-gnature 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. NOTICE OF DISAPPROVAL TO: Suffolk Environmental Consulting PO Box 2003 Bridgehampton, NY 11932 DATE: October 31, 2006 Please take notice that your application dated October 25, 2006 For permit to demolish an existing single family dwelling and construct a new single family dwelling at Location of property: 200 Private Road #17, Mattituck, NY County Tax Map No. 1000 - Section 123 Block 6 Lot 14 Is returned herewith and disapproved on the following grounds: The proposed construction, on this conforming 1-acre parcel in the Residential R-40 District, is not permitted pursuant to Article XXIII Section 280-114, which states, "No building or premises shall be used and no building or part thereof shall be erected or altered in the A-C, R-80, R-120, R-200 and R-400 Districts unless the same conforms to the Bulk Schedule and Parking Schedule incorporated into this chapter with the same force and effect as if such regulations were set forth herein full." Bulk schedule requires a minimmrn single side yard setback of 15 feet and a total side yard setback of 35 feet. Following the proposed construction, the new single family dwelling will have a single side yard setback of 10 feet and a total side yard setback of 20 feet. In addition, the proposed construction is not permitted pursuant to Article XXIII Section 100-239.4B which states; "All buildings located on lots upon which a bulkhead, concrete wall, riprap or similar structure exists and which are adiacent to tidal water bodies other than sounds shall be set back not less than seventy-five (75) feet from the bulkhead." ~~d~ notelas being +/- 30 feet from the existing bulkhead. 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. DANERI PROPERTY Situate: ROW (Terry Path) off Camp Mineola Road; Mattituck; Town of Sonthold, New York SCTM#: 1000 - 123 - 6 - 14 Photo taken from the southern edge of subject parcel facing east showing the situate shoreline. APR 5 ZOO7 ~-' DANERI PROPERTY Situate: ROW (Terry Path) off Camp Mineola Road; Mattituck; Town of Southold, New York SCTM#: 1000 - 123 - 6 - 14 Photo taken from the southern edge of subject parcel facing west showing the situate shoreline. APR 5 2007 DANERI PROPERTY Situate: ROW (Terry Path) off Camp Mineola Road; Mattltuck; Town of Southold, New York SCTM#: 1000 - 123 - 6 - 14 Photo taken from immediately north of the existing dwelling facing south showing the western side of the existing dwelling. APR ~ 2007 DANERI PROPERTY Situate: ROW (Terry Path) off Camp Mineola Road; Mattltuck; Town of Soutbold, New York SCTM#: 1000 - 123 - 6 - 14 Photo taken from the approximate midpoint of subject parcel facing north showing the shed/garage. DANERI PROPERTY Situate: RO~7 (Terry Path) off Camp ~ineola Road; bIattituck; Town of Southold, New York SCTM#: 1000 - 123 - 6 - 14 Photo taken from the southern side of the shed/garage facing south showing the existing residence. DANERI PROPERTY Situate: ROW (Terry Path) off Camp ~lineola Road; Mattltuck; Town of Southold, New York SCTM#: 1000 - 123 - 6 - 14 Photo taken from immediately north of the existing dwelling facing south showing the east side said dwelling. DANERI PROPERTY Situate: ROW (Terry Path) off Camp Mineola Road; Mattituck; Town of Southold, New York SCTM#: 1000 - 123 - 6 - 14 Photo showing the east side of the existing dwelling. APR 6 2g07 DANERI PROPERTY Situate: ROW (Terry Path) off Camp Mineola Road; blattituck; Town of Southold, New York SCTM#: 1000 - 123 - 6 - 14 Photo taken from the southern edge of subject parcel facing north showing the existing dwelling and bulkhead. APR 5 200? / DANERI STAKING rLvxrv~.,~.~.~ Situate: 200 Private Road 17 (Terry Path); Mattituck; Town of Southold, SCTM#: 1000- 123- 6- 14 *Photos taken on 1/12/2007' Photo showing the stakes indicating the north side of the proposed garage. APR 5 200? DANERI STAKING PLAN Situate: 200 Private Road 17 (Terry Path); Mattituck; Town of Southold, NY SCTM#: 1000- 123 -6- 14 *Photox taken on 1/12/2007' Photo showing the stake indicating the southwest comer of the proposed garage. DANERI STAKING PLAN Situate: 200 Private Road 17 (Terry Path); Mattituck; Town of Southold, NY SCTM#: 1000- 123 -6- 14 *Photos taken on 1/12/2007' Photo showing the stakes indicating the northwest and southwest comer of the proposed dwelling. DANERI STAKING PLAN Situate: 200 Private Road 17 (Terry Path); Mattituck; Town of Southold, NY SCTM#: 1000 - 123 - 6 - 14 *Photos taken on 1/12/2007' Photo showing the stakes indicating the northeast and southeast comer of the proposed dwelling and seaward porch. DANERI STAKING PLAN Situate: 200 Private Road 17 (Terry Path); Mattituck; Town of Southold, NY SCTM#: 1000 - 123 - 6 - 14 *Photos taken on 1/12/2007' Photo showing the flag indicating the southwest comer of the proposed seaward porch. QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION Is the subject premises listed on the real estate market for sale? [] Yes ~ No Are there any proposals to change or alter land contours? ~ No [] Yes, please explain on attached sheet. 1) Are there areas that contain sand or wetland grasses? Yes 2) Are these areas shown on the map submitted with this application? Yes 3) Is the property bulkheaded between the wetlands area and the upland building area? Yes 4) If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? Yes Please confirm status of your inquiry or application with the Trustees: Avvroved via Permit #6428 and if issued, please attach copies of permit with conditions and approved map. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? No Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? No (Please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) Do you have any construction taking place at this time concerning your premises? No If yes, please submit a copy of your building permit and map as approved by the Building Department and describe: G. Do you or any co-owner also own other land close to this parcel? No the proximity of your lands on your map with this application. If yes, please label H. Please list present use or operations conducted at this parcel single family residential and proposed use same as "vresent" xisting: sing3e-fa~lily; proposed: same with garage or pool, or other description.) Authorized Signature and Dante 2/05; 1/07 PROJECT ID NUMBER 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only SEQRA PART 1- PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT/SPONSOR 2. PROJECT NAME 3.Suff°lk PROJECT EnvironmentalLocATioN:COnsulting, Inc. DANERI Municipality Southold County Suffolk 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc. or provide map) ROW off Camp Mineola Road (Terry Path); Mattituck; Town of Southold, NY 5. IS PROPOSED ACTION: [] New [] Expansion [] Modificatiorffalteration 6. DESCRIBE PROJECT BRIEFLY: Applicant proposes to demolish the existing dwelling and construct a new three bedroom single family dwelling with related appurtenances landward of the original footprint. 7. AMOUNT OF LAND EFFECTED: Initially 0.1± acres Ultimately 0.1±acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [] No If No, describe briefly The proposed dwelling is located ±30' from the existing bulkhead, and less than the required distance from the side yard lot lines. However, the proposed dwelling is located more landward of situate wetlands than the existing dwelling. 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? []Residential []Industrial [~Commercial []Agriculture []Park/Forest/Open space []Other Describe: single family dwellings with related appurtenances 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENT AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes [--]No If yes, list agency(s) and permit/approvals Southold Trustees; NYSDEC; SCDHS 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [] No If yes, list agency(s) and permit/approvals NYSDEC LNJ; Southold Trustee Permit #6428 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? [] Yes [] No I CERTIFY THAT THE INFOKMATION PROVIDED IS TRUE TO THE BEST OF MY KN~.W~EDGE Applicant/~n- Suffolk Environmental Consulting, Inc. Date: "/ Iq. lgc. x~ Signature: X~ {' ..~1~ ~./ ~ If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment APPLICANT TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicl~ of interest on the part of Town officers and emolovees. The ouroose of this form is to orovide information~ which can alert the Town of possible conflict~ of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: D.4NERI, EUGENE (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance X 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 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 applican0 and the Town officer or employee. Either check the appropriate line A through D and or describe the relationship in the space provided. A) the owner of grcater than 5%o 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 employce of the applicant; or D) the actual applicant DESCRIPTION OF RELATIONSHIP Submined this~ dayof ~ Examined Approved Disapproved a/c ~i~WN OF SOUTHOLD DING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 765-1802 ,t~e~t No. ~ -) APPLICATION FOR BUILDING PERMIT Date INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this application. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary~.~ (Si~na'~ure of applicant, o-for name, if a corporation) Suffolk Environmental Consulting, Inc. P.O. Box 2003; Bridgehampton, NY 11932 (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder AGENT Name of owner of premises Katherine Daneri (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. N/A (Name and title of corporate officer) Builder's License No. Plumber's License No. Electrician's License No. Other Trade's License No. 1. Location of land on which proposed work will be done 200 Terry Path Mattituck House Number Street County Tax Map No. 1000 S~ctii~a-~ 123 Block Subdivision N/A Filed Map No. (Name) 06 Hamlet Lot 14 N/A Lot N/A .Alteration Other Work (Description) 3. Nature of work (check which applicable): New Building_ X Addition Repair Removal X Demolition X b. Intended use and occupancy Private single family dwelling with related residential appurtenances 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy Private single family dwelling with related residential appurtenances 4. Estimated Cost 5. If dwelling, number of dwelling units One (1) If garage, number of cars 2 ' ' Fee I~ · .',,(to be paid on filing this application) Number of dwelling units'on each floor N/A 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use N/A 7. Dimensions of existing structures, if any: Front Rear __ Depth (please refer to submitted survey) Heigh[ Number of Stories Dimensions of same structure with alterations or additions: Front N/A Rear N/A Depth. N/A Height. 8. Dimensions of entire new construction: Front Height. 35' Number of Stories 9. Size of lot: Front 67.2 ft Rear 10. Date of Pumhase N/A 11. Zone or use district in which promises are situated N/A Number of Stories N/A 46.2 ft Depth 55 ft 62.26 ft Depth. 630' -+ Name of Former Owner N/A R-40 ~-x 12. Does proposed construction violate any zoning law, ordinance or regulation: ,/es ~- 13. Will lot be re-graded yes Will excess fill be removed from premises: Yes 14. Name of Owner of premises Katherine Daneri Phone (201)650-4233 Name of Architect Mark K. Schwartz Address .Phone No. Name of Contractor N/A Address Phone No. 15. Is this property within 300 feet of a tidal wetland? *Yes X No *If yes, Southold Town Trustees Permit may be required. **approved by Trustees; permit pending** PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and indicate all set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or comer lot. Please refer to attached Plans. STATE OF NEW YORK, COUNTY OF SUFFOLK S.S being duly sworn, deposes and says that he is the applicant (Name of individual signing contract) above named. He/she is the William J. Lohn - Suffolk Environmental Consulting~ Inc. (Contractor, agent, corporate officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of this knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this 4" Notary Public ~ ~ /'/ . Ma~how O. Ivana Notary Public o~ New Yo~ No, 01tV6053850 Qualified in Suffolk Coun~ Commission Expires Janua~ 22, 2007 Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS APR 2007 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 consistancy. *Except minor exempt actions including BuiMing 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 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). If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 123 6 14 The Application has been submitted to (check appropriate response): Town Board [] Planning Dept. [] Building Dept. [] Board of Trustees [] 1. Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: Applicant proposes to demolish existing functional dwelling, existing delapidated accessory wood frame structure and existing shed and construct a 46.2' x 60' story three bedroom frame dwelling (with 10' x 53' porch attached to southern side'}. Applicant also proposes to install a new sanitary system and detached 24' x 36' garage. Attach additional sheets if necessary Location of action: 200 Private Road 17 (Terry Path) off Camp Mineola Road; Matfituck Town of Southold~ NY Site acreage: 0.93 acre Present land use: single family dwelling Present zoning classification: R-40 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: Eugene Daneri (b) Mailing address: P.O. 917 Mattituclq NY 11952 (c) Telephone number: Area Code ( 201 ) 650-4233 (d) Application number, if any: N/A Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [] No [] If yes, which state or federal agency? NYSDEC DEVELOPED COAST POLICY Policy 1. Foster a pattern of developmen~ 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. [] Yes [] No [] Not Applicable Subject proposal is consistent with the policy in that said proposal is simply an imorovement of the existincl conditions on the lot. This improvement is not only in the livinq conditions, but also in the use of the lot area. The proposed dwellinq is located more landward of the situate wetlands than the existina dwellina. The proposed sanitary system is also up to current code. The proposal will also involve the demolition of a dilapidated accessory structure. Accordin.qly, we believe that this project is consistent with this policy. Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section llI- Policies Pages 3 through 6 for evaluation criteria [] Yes [] No [] Not Applicable Policy 2 is not applicable in that subject lot and the surroundinq neiqhborhood cannot be deemed a substantial historic andJor archaeolo.qical resource. 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 5 through 7 for evaluation criteria [] Yes [] No [] Not Applicable Subject proposal will not adversely impact the visual quality of the surroundin.q area in that the surroundinq area is currently comprised of propedies improved with dwellinqs of similar size and scope as the one DrolDosed. Scenic resources, assumedly views of Great Peconic Bay, are not at risk due to the fact that there is an existinq dwellinq at subject parcel and the proposed dwellinq is located in aDoroxJmatelv the same location on the lot. Accordin~lly, this proposal will comply with Policy 3. 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 Subject proposal will fully comply with Policv 4 in that the proposed construction will in no way alter the functional bulkhead located at subject parcel. As previously stated, the proposed dwellin.q will be located more landward of the situate wetlands and the area of the lot effected by floodin.q and erosion. Accordingly, this proposal will comply with Policy 4. 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 Applieable Subject proposal is not applicable to this policy in that it will have no effect to the water qualitY/suPPlY within the surroundinq area. 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 [] No [] Not Applicable Subject proposal will maintain the quality of the surroundinfl ecosystem in that the existin.cl dwellinq has been located at subject parcel for years without adversely affectin.q the surroundinp ecosvstem. The proposed actions will move the dwellincl further from the situate wetlands and install a new sanitary svstem to further protect the local ecosystem from pollution. Accordingly, this proposal will comply with Policy 6. 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 [] Yes [] No [] Not Applicable Subject proposal is not applicable in that the proposal is simply to improve subject property with a new dwellin.q and sanitaw system which will not result in any form of adverse effects to air aualitv. Accordinalv. this proposal is not applicable with this policy. 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 Applieable Subject proposal is not applicable in that the proposal does not involve disposal and/or transportation of solid waste, hazardous waste, toxic pollutants, petroleum products. Attach additional sheets if necessary 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 llI- Policies; Pages 38 through 46 for evaluation criteria [] Yes [] No [] Not Applieable Subject proposal is not applicable to this policy in that the proposal is attendant to a private properly. Re.qardless, this proiect will not impede any access to the surface waters in and around subject property and/or become detrimental to the recreational use af the surroundincI resources. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependence uses in suitable locations. See LWRP Section llI- Policies; Pages 47 through 56 for evaluation criteria [] Yes [] No [] Not Applicable Subject proposal is applicable in that a water-dependent use (i.e. water recreation) is beincl maintained and protected by the proposed installation of the new sanitary system which will further protect the situate surface waters from contamination by human effluent. Accordinqly, this proposal will comply with Policy 10. ARach 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 III - Policies; Pages 57 through 62 for evaluation criteria [] Yes [] No [] Not Applicable Subject proposal is not applicable in that the proposal does not involve any form of marine resource manaqement (i.e. commercial fisheries, recreationaJ fisheries, aquaculture, etc...). Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section IH - Policies; Pages 62 through 65 for evaluation criteria. [] Yes [] No [] Not Applicable Subject proposal is not aD~)licable in that the proposal does not involve a.qriculturai lands (i.e. the conversion of farmland, the establishment and/or maintenance of new coastal aqricuJtural production. etc...) Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LVCRP Section III - Policies; Pages 65 through 68 for evaluation criteria. [] Yes [] No [] Not Applicable Subject proposal is not applicable in that the proposal does not involve the conservation of ener.qy resources on a commercial level and/or the promotion of alternative enerqy sources, proper maintenance of fuel stora.qe facilities and/or the extraction of mineral extraction Attach additional sheets if necessary Created on 9/7/2005 ~ I O:OOAM Town Of Southold P.O Box 1179 Southold, NY 11971 Date: 04/09/07 * * * RECEIPT * * * Receipt'8: 9096 Transaction(s): 1 1 Application Fees Reference Subtotal 6029 $600.00 Check#: 9096 Total Paid: $600.00 Name: Daneri, Katherine Po Box 917 Mattituck, NY 11952 Clerk ID: MICHELLE rnternal ID: 6029 ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 4 / 5/07 ZBA # NAME CHECK # AMOUNT TC DATE STAMP K~'~I~I~ED 6029 Daneri, Katherine 9096 $600.00 ~,PR - 9 2007 ;outhold Town Cle~ k TOTAL $600.00 By__ Thank '~ou. ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: April 9, 2007 Zoning Appeal No. 6029 Transmitted herewith is Zoning Appeals No. 6029 of Katherine Daneri- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is a Cover Letter from Suffolk Environmental Consulting, Inc. describing the enclosed documents, Owner's Endorsement, Applicant Transactional Disclosure Form, Notice of Disapproval Dated: October 31, 2006 & Amended: February 2, 2007, Applicant's Project Description, Town of Southold Property Record Card, LWRP Consistency Assessment Form, Board of Town Trustees Wetland Permit No. 6428, NYS DEC Letter, (8) color photographs of the Daneri Property, (5) color photographs of the Daneri Staking Plan, Proposed 1st Floor Plan, Proposed 2"4 Floor Plan, North Elevation, West Elevation, East Elevation, South Elevation and (2) Surveys of the Property prepared by Joseph A. Ingegno; Licensed Land Surveyor. 1929 DATUM HUS: ............... 5 ....... IBJECT TO VERIFICATION ILATORY AGENCIES. )EDROOM HOUSE 5" WIDE, 6'-7" DEEP ~M HOUSE 2' DEEP, 8' dia. SHOWN HEREON ARE FROM FIELD OM OTHERS. ~MPED CLEAN AND EITHER REMOVED D.H.S. SPECIFICATIONS. ~482 G ~J~D (WAVE ACTION); ,lED ~,S OF' IO0-YEAR FLOOD WITH AVERAGE ~ WITH DRAINAGE AREAS LESS THAN 'ECTED BY LEVEES FROM I O0-YEAR FLOOD. 2oo6) 7 '1'0 BE ~3~ pF.c~C PERSPECTIVE VIEW REVISIONS: MN/MS 22, 2007 NORTH ELEVATION SCALE: 1/8" -- SCALE: 1/8' = 1'-0" SCALE: 1/8" SOUTH ELEVA'HQN SCALE: 1/8' = 1'-0" REVZSIONS: 3&'-O" (~ PRO3E~ NORTH 1ST. FLOOR PLAN SCALE: 1/4" = 1'-0' R£V~STONS:I ~ PRO3ECT NORTH 2ND. FLO,,OR, PLAN SCALE: 1/4 = 1-0' MAY '), REVISIONS: mm A-4 0 > WILLIAN R~ LASCELLE ELIZABETH L. RICHARDS S 89'08'00" E 149.00! CERTIFIED TO: KATHERINE DANERI CONC · 6, · RIGHT OF WAY (A.K-4 TERRY PATH) (PUBLIC WATE:R IN STREET) x%~z¢ .. E FOUNO CONC. MON. SURVEY OF PROPERTY SITUA TED A T MATTITUCK TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000- 125-06- 1 4 SCALE 1"=50' JUNE 20, 2006 JULY 18, 2006 ADDED PROPOSED ADNRONS 25, 2006 REVISED PER SUFFOLK ENVIRONMENTAL LETTER DATED 9/7/06 200~K ENVIRONMENTAL LETTER REOIEVEO 12/27/06 /"MARCH 28, 2007 ADDED PROPOSED WATER LINE ~'~ ' AREA = 40,505.94 sq. ff. ~...-- (TO TIE LINE) 0.9.30 OC. VATIONS ARE REFERENCED TO N.G.V.D. 1929 DATUM EXISTING ELEVATIONS ARE SHOWN THUS: ~o EXISTING CONTOUR LINES ARE SHOWN THUS: s w - SO'rTO~ or WALL ~ WETLAND BOUNDARIES SHOWN ARE SUBJECT TO VERIFICATION NEW YORK STATE AND/OR OTHER REOULATORY AGENCIES. IIMUM SEPTIC TANK CAPACITIES FOR 5 BEDROOM HOUSE 1,000 GALLONS. 1 TANK; 8' LONG, 4'-5" WIDE, 6'-7" DEEP IIMUM LEACHING SYSTEM FOR 43 BEDROOM HOUSE 250 sq ff SIDEWALL AREA. 5 POOLS; 2' DEEP, 8' dia. ~ PROPOSED EXPANSION POOL ) PROPOSED LEACHING POOL ~ PROPOSED SEPTIC TANK : LOCATION OF WELLS AND CESSPOOLS SHOWN HEREON ARE FROM FIELD ;ERVATIONS AND/OR DATA OBTAINED FROM OTHERS. i EXISTING SEPTIC SYSTEM IS TO BE PUMPED CLEAN AND EITHER REMOVED FILLED WITH CLEAN SAND AS PER S.C.D.H.S. SPECIFICATIONS. )OD ZONE INFORMATION TAKEN FROM: lOB INSURANCE RATE MAP No. 56105C0482 G ONE AR: BASE FLOOD ELEVATIONS DETERMINED lONE VE: COASTAL FLOOD WITH VELOCITY HAZARD (WAVE ACTION); BASE FLOOD ELEVATIONS DETERMINED ZONE X: AREAS OF 500-YEAR FLOOD; AREAS OF IO0-YEAR FLOOD WITH AVERAGE DEPTH OF LESS THAN 1 FOOT OR WITH DRAINAGE AREAS LESS THAN 1 SQUARE MILE; AND AREAS PROTECTED BY LEVEES FROM I O0-YEAR FLOOD. X 4' DEEP DRYWELLS WITH ROOF LEADERS: .77 ~6 (SL a) TEST HOLE DATA EL, 11¸ POLE ~o ~ ~-~ g ZONE AE (EL 8) ZONE YE (EL 8) -.d S $4'29'5,6" W ~ 67.~ $ T pSCoNIC gAY HOUSE EL~. ~ PROPOSED SEPTIC SYSTEM DETAIL (NOT TO SCALE) / EF L~f%,D2,GF(ADE / EFLN~ 7,64I~ADE TOP EL, 7,2'~~ ~'N.I 4' DIA. j ~ % ~ ~6' ri ~'"~' ~ O,'lr =m~, EL t ~l , Il Il mm[~ I LEACHINO POOLS (5~ oseph A. Ingegno Land Surveyor Surveys -- Subdivisions -- Site Plans -- Construction Layout (6~1)727-2090 Fox (631)727-1727 ~S LOCATED AT MAILING ADDRESS )ANOKE AVENUE P.O. Box 1931 ), New York 11901 Riverhe~d, New York 11901-0965 PREPARED iN ACCORDANCE WITH THE MINIMUM STANDARDS FOR TITLE SURVEYS AS ESTABLISHED BY THE L. IA.L.S. ANO APPROVED AJND AOOI::q'EO FOR SUCH USE BY THE NEY/ YORK STATE LAND TITLE ASSOCIATION N.Y.S, Lic. No, 49668 UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. CERTIFICATIONS INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY JS PREPARED, AND ON HIS BEHALF TO THE TFFLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING ~NSTI- TUTIGN. CERTIF]CATfONS ARE NOT TRANSFERABLE. THE EXISTENCE OF RIGHT OF WAYS AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED. 26-181D ,~.d~o/3o/2oo7 17:~3 FAX VIA FACSIMILE EUGENE L. D.~,m~. ESQ. P.o. sox 917 M~Wa'mCK, ~r~w YORK 11952 (516) 80g-3975 001/001 BOARD OF APPEALS October 30, 2007 Lind-, F, Kowalski Zoning Board of Appeals Town of Southold 34375 Route 25 Southold, New York 11971 Re: ZBA File 6029 Setback Variances (Daneri 123-6-14) De~rr Ms. Kowalski, I am corresponding with you at this time to respectfully request a meeting to discuss the above referenced application. As you lmow, my request for variance was denied and I am hopeful that a meeting will assist in the ~rision of my applicatio~ so that it may be mutually acceptable. Thank you for your courtesy and cooperation herein, Page 2 - Minutes ~ Meeting held November 1, ~ Southold Town Board of App~ls Denial with Alternative Relief: ZBA File 6066 - Peter and Sharon Manganiello. (RLH Planning, R. Hill was present.) RESOLUTIONS/UPDATED REVIEWS/OTHER Dates of ZBA Meetings for Remainder of 2007: 11/15 at 9:30 AM; 12/6 at 6 PM; 12/20 at 9:30AM. B. New business items (none). RESOLUTION ADOPTED: Motion was offered by Member Oliva, seconded by Member Weisman, and duly carried, to accept and authorize filing of Minutes with the Town Clerk's Office, as prepared for ZBA Meetings held September 13, 2007 and October 18, 2007. Vote of the Board: Ayes: Member Dinizio (Chairman), Ohva, Goehringer, Simon and Weisman. This Resolution was duly adopted (5-0). Work Session: Board Appointments (discussion, no action was taken) Work Session reviews, continued: Monthly Reports (RO, LKW, MS, GG) Town Board Committees: Planning & Zoning Code Committee LWRP Council Enforcement Committee Drainage Committee Hamlet Study Committees. Correspondence from Eugene L. Daneri requesting meeting to discuss Board's recent determination # 6029 (no action). F. RESOLUTION: Motion was offered by Member Oliva, seconded by Member Goehringer, and duly carried, to authorize advertising of the following applications for public hearings to be held on Thursday, November 15, 2007, commencing at 9:30A.M. 9:30 A.M. ROY W. ARGENT and LINI)A ARGENT (LIFE ESTATE ELLSWORTH BAYLIS JR.) #6086. Request for Variances under Sections 280-122 and 280-116B, based on the Building Inspector's September 10, 2007 Notice of Disapproval concerning a proposed new dwelling. After substantial demolition of the existing building, the new construction will be less than 35 feet from the rear lot line, less than 10 feet on a single side yard, less than 25 feet total side yard setbacks, and less than 75 feet from the bulkhead, at 6429 Indian Neck Lane, Peconic; CTM 86-6-23. 9:45 A.M. LAURA SOLINGER #6087. Request for a Variance under Zoning Code Sections 280-15 (A and B), based on the Building Inspector's March 14, 2007 Notice of Disapproval concerning a proposed EXISTING DESCRIPTION AREA EXIST. HOUSE 820 sq. ff. EXIST. HOUSE 1,14E sq. ff. ~ 548 sq. ff. TOTAL EXIST. 2,475 sq. ff. N/o/r FILLIAM R. LASCELL~ ELIZABETH L. RICHARDS LOT COVERAGE DATA PROPOSED ~ DESCRIPTION AREA  PROPOSED HOUSE 5,597 sq fl. -- 0.4~ pROpOSED GARA 864 sq. ft. PR/VA TE RIGHT OF WA Y CERTfFIED TO; KATHERINE DANERI SURVEY OF PROPERTY SITUATED AT MATTITUCK TOWN OF SOUTHOLD SUFFOLKCOUNTY, NEW YORK "' SCALE 1"=$0' JUNE 20, 2006 JULY 18, 2006 ADDED PROPOSED ADDITIONS 9/7/06 "':'" 006 R~VSED pER 6UFFOLK ENVIRONMENTAL LETTER DATED OCTOBER 25, 2 ........ ~ CUFFOLK ENVIRONMENTAL LETTER REClEVED 12/27/06 ~.., TOWN .... (TO ~[E LINE) 0.9~0 00. 1, ELEVATIONS ARE REFERENCED TO N.G.V.D. 1929 DATUM EXISTING ELEVATIONS ARE SHOWN THUS:~ EXISTING CONTOUR LINES ARE SHOWN THUS: ..... 6 ..... LAND BOUNDARIES SHOWN ARE SUBJECT TO VERIFICATION 2. ANY WET GULATORY AGENCIES. DY NEW YORK STATE AND/OR OTHER RE 3. MINIMUM SEPTIC TANK CAPACITIES FOR $ BEDROOM HOUSE iS 1,000 GALLONS. 1 TANK; 8' LONG, 4'-5" WIDE, 6'-7" DEEP 4.MINIMUM LEACHING SYSTEM FOR 3 BEDROOm, HOUSED, 15 260 sq ft SIDEWALL AREA. 5 pOOLS; DEEP, dla, ~ PROPOSED EXPANSION POOL O pBOPGSED LEACHING POOL ~ PROPOSED SEPTIC TANK THE LOCATION OF WELLS AND CESSPOOLS SHOWN HEREON ARE FROM FIELD .' , 5. OBSERVATIONS AND/OR DATA OBTAINED FROM OTHERS. 6. T~E EXISTING SEPTIC SYSTEM IS TO BE pUMPED CLEAN AND EITHER REMOVED , :.. OR FI~-LED WITH CLEAN SAHD AS PER $.C.D.H.~. SPECIFICATIONS- . ', 7. FLOOD ZONE INFORMATION TAKEN FROM: ' '"; FLOOD INSURANCE RATE MAP No. 36105C048Z G ZONE AE: BASE R_OOO ELEVATIONS D~ERMINED '~* ZONE VE; COASTAL FLOOD WITH VELOCitY HAZARD (WAVE ACTION); . BASE FLOOD ELEVATIONS DETERMINED ~. ZONE X: AREAS OF 500-YEAR FLOOD; AREAS Of IO0-YEAR FLOOD WITH AVERAGE , DEPTH OF LESS THAN 1 FOOT OR WITH DRAINAGE AREAS LESS THAN "'n' 1 SQUARE MILE; AND AREAS pROTECTED DY LEVEES FROM Io0-YE~R FLOOD. ' 8. 8' DIA X 4' DEEP DRYWELLS WITH ROOF LEADERS: O ' .%. TEST HOLE DATA ZONE 6E (EL : ZONE VE (EL I Y HOUSE PROPOSED SEPTIC SYSTEM DETAIL Nathan Taft Corwin III Land Surveyor Fax 16311727-1727 PHONE (631)727-2090 N,Y,S, Lic. No. 50467 0 LO7 tVEP~4GE DATA CERTIFIED TO KATHERINE DANERI PRIVATE (A.X.A RIGHT OF W~4 Y TERN Y PA TH,.,)., £ SURVEY OF PROPERTY SITL,:4 TED A T MATTITUCN TOWN OF SOLJTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-125-06-14' SCALE t"=30' JUNE 20, 2006 JULY 18, 2005 ADDED PROPOSED ADDII,ONS AREA = 40,505,94 sq. ff. ,To rtE LINE/ 0,930 aC. z .[ NOTES' 1, ELEVATIONS ARE REFERENCED TO N,G.V.D, 1929 DATUN EXISTING ELEVATIONS ARE SHOWN THUS: EXISTING CONTOUR LINES ARE SHOWN THUS ~ 2. ANY WETLAND BOUNDARIES SHOWN ARE SUBJECT TO VERIFICATION BY NEW YORK STATE AND/OR OTHER REGULATORY AGENCIES 3, MINIMUM SEPTIC TANK CAPACiTiES FOR 3 BEDROOM HOUSE IS 1,000 GALLONS. 1 TANK; B" LONG, 4'-S" WIDE, 6' 7" DEEP 4 MINIMUM LEACHING SYSTEM FOR S BEDROOM HOUSE IS 250 sq ff SIDEWALL AREA, 5 POOLS; 2' DEEP. 8' diD. ~ PROPOSED EXPANSION POOL G PROPOSED LEACHING POOL ~;,';,"~ PROPOSED SEPTIC TANK 5. THE LOCATION OF WELLS AND CESSPOOLS SHOWN HEREON ARE FROM FIELD ODSERVATIONS AND/OR DAfA OBTAINED PROM OTHERS. 6, THE EXISTING SEPTIC SYSTEM IS TO BE PUMPED CLEAN AND EITHER REMOVED OR FILLED WITH CLEAN SAND AB PER S.C.D,N,S, SPECIFICATIONS 7, FLOOD ZONE INFORMATION TAKEN FROM: FLOOD INSURANCE RATE MAP No. 36~03C0482 G BASE FLOOD ELEVATIONS DETERMINED ZORE X. AREAS OF 509 YEAR FLOOD, AREAS OF 1(]0 YEAR FLOOD WITH AVERAGE DEPTH OF LESS THAN 1 EOOT OR WITH DRAINAGE AREAS LESS THAN 1 SQUARE MILE, AND AREA5 PROTECTED BY LEVEES PROM 100-¥E.~R FLOOD B B' DIA X 4' DEEP DRYWELLS WiTH ROOF LEADERS: ('- %~--- (EL 8) APPROVED BOARD OF T~u ..... TOWN OF $OUTHOLD DATE TEST HOLE DATA ZONE YE (EL 8) L(.O,% PROPOSED SEPTIC SYSTEM DETAIL .'~ ' 5?/ ~, '- f L APR ~ 2007 Z L.'2:: 2._:. :._ L Joseph A. Ingegno Land Surveyor PHONE (631)727-2090 Fax (631)727-1727 LOT OOVEP.4CE DATA DESCRIPTION EXIST. HOUSE EXIST. HOUSE EXIST. SHED EXIST. CAR PORT TOTAL EXIST. EXISTING AREA 820 sq. ff. %142 SR. ff. 168 sq. ff. 548 sR. ft. 2,47B sq. ff. PROPOSED LOT DESCRIPTION AREA 2.0% HOUSE 3,557 sq. fi, PORCHES) 2.8% N/O/F ~ILLIAM R. LASCELLE ELIZABETH L. RICHA)~D$ PROPOSED 4,A01 aq. fD VACANT PRIVATE RIGHT OF WAY CERTIFIED TO; KATHERINE DANERI SURVEY OF PROPERTY SITUATED AT MATTITUCK SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-125-06-14 SCALE 1"=.30' JUNE 20, 2006 NOTES' AREA 40,505.94 sq. fi. (TO TIE LINE) 0.950 DC. 1. ELEVATIONS ARE REFERENCED TO N.G.V,D. 1929 DATUM EXISTING ELEVATIONS ARE SHOWN THUS: EXISTING CONTOUR LINES ARE SHOWN THUS: 2. ANY WETLAND BOUNDARIES SHOWN ARE SUBJECT TO VERIFICATION BY NEW YORK STATE AND/OR OTHER REGULATORY AGENCIES. 5, MINIMUM SEPTIC TANK CAPACITIES FOR $ BEDROOM HOUSE IS 1.000 GALLONS, 1 TANK; 8' LONG, 4'-5" WIDE, 6'-7" DEEP 4. MINIMUM LEACHING SYSTEM FOR $ BEDROOM HOUSE IS 250 sq ff SIDEWALL AREA. 5 POOLS~ 2' DEEP, 8' ~ PROPOSED EXPANSION POOL Q PROPOSED LEACHING POOL ~///~ PROPOSED SEPTIC TANK 5. THE LOCATION OF WELLS AND CESSPOOLS SHOWN HEREON ARE FROM FIELD OBSERVATIONS AND/OR DATA OBTAINED FROM OTHERS, 6. THE EXISTING SEPTIC SYSTEM IS TO BE PUMPED CLEAN AND EITHER REMOVED OR FILLED WITH CLEAN SAND AS PER S.C.D.H.S. SPECIFICATIONS. 7. FLOOD ZONE INFORMATION TAKEN FROM: FLOOD INSURANCE RATE MAP No. 36105C048:Z G ZONE AE: BASE FLOOD ELEVATIONS DETERMINED ZONE VE: COASTAL FLOOD WITH VELOCITY HAZARD (WAVE ACTION); BASE FLOOD ELEVATIONS D~TERMINED ZONE X' AREAS OF 500-YEAR FLOOD; AREAS OF IO0-YEAR FLOOD WITH AVERAGE DEPTH OF LESS THAN 1 FOOT OR WITH DRAINAGE AREAS LESS THAN 1 SQLIARE MILE; AND AREAS PROTECTED BY LEVEES FROM IO0-YEAR FLOOD, 8. 8' DIA X 4' DEEP DRYWBLLS WITH ROOF LEADERS: TEST HOLE DATA pOLE ZONE AE (EL B) ZONE VE (EL 6), 11' ©t F AT pECONIC t AY H~JSE PROPOSED SEPTIC SYSTEM DETAIL '1 MIN. LEACHING POOLS (5') Nathan Taft Corw n III Land Surveyor PHONE (651)727-2090 Fax (631)727-1727 I # NOISID=IO VgZ Ag O3MglAg I dVBI N,Y,S, LTc, No, 50467 THE EXISTENCE OF RIGHT OF WAYS AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED- ~6-1t