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Home My WebLink AboutTR-6788Jill M. Doherty, President James F. King, Vice-President Dave Bergen Bob Ghosio, Jr. John Bredemeyer Town Hall Annex 54375 Main Road P.O. Box 1179 $outhold, New York 11971-0959 Telephone (631) 765-1892 F~x (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD CERTIFICATE OF COMPLIANCE # 0520C Date February 1, 2010 THIS CERTIFIES that the in-ground swimming pool, pe~ious patio, pool enclosure fence and vegetated non-turf buffer At 9480 Nassau Point Rd., Cutchogue Suffolk County Tax Map #118-6-7 Conforms to the application for a Trustees Permit heretofore filed in this office dated 11/15/07 pursuant to which Trustees Wetland Permit #6788 dated 12/12/07 was issued and Amended on 9/23/09 conforms to all of the requirements and conditions of the applicable provisions of law. The project for which this certificate is being issued is for an in-ground swimming pool~ pervious patio, pool enclosure fence and vegetated non-turf buffer. The certificate is issued to MICHAEL & LINDA GAMBARDELLA owners of the aforesaid property. ~Authorized Signature James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen John Holzapfcl Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 APPLICATION FOR AN AMENDMENT TO A WETLAND PERMIT I/We ,~,~ ~'~r rZ-~quCstanAmCndmenttoPermit# Signed By: Sep 02 09 10:40p Linda Gambardella p.1 ( rint owner of property) AUTHORIZATION (where thc applicant is not the owner) - ' (mailing address) '--.' (Agent) to apply for permit(s) from thc Southold Board of Town Trustees on my behalf. Jill M. Doherty, President James F. King, Vice-President Dave B~rgen Bob Ghosio, Jr. John Bredemeyer Town Hall, 53095 Main Rd. P.O. Box 1179 $outhold, NY 11971 Telephone (631 ) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD DATE OF INSPECTION: f'~ Ch. 275 Ch. 111 INSPECTION SCHEDULE Pre-construction, hay bale line/silt boom/silt curtain 1 st day of construction ~ constructed Project complete, compliance inspection. INSPECTED BY: COMMENTS: CERTIFICATE OF COMPLIANCE: James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hail Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 September 23, 2009 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Mr. Mark K. Schwartz, Amhitect P.O. Box 933 Cutchogue, NY 11935 RE: MICHAEL& LINDAGAMBARDELLA 9480 NASSAU POINT ROAD, CUTCHOGUE SCTM# 118-6-7 Dear Mr. Schwartz: The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wednesday, September 23, 2009: RESOLVED, that the Southold Town Board of Trustees APPROVE the Amendment to Wetland Permit #6788 to install a 4' high pool enclosure fence 7' off the bulkhead, and as depicted on the revised site plan prepared by Mark K. Schwartz, last dated September 23, 2009, and received on September 23, 2009. Any other activity within 100' of the wetland boundary requires a permit from this office. This is not a determination from any other agency. If you have any questions, please call our office at (631) 765-1892. Sincerely, j me~sF. King~g~' ~'~' President, Board of Trustees JFK:eac OLSEN ~ OLSEN~ L.L.E AT FORNEYS AT LAW GARY FLANNEI~ OLSEN ATTORNEY AT LAW DAVID ~7ORTHINGTON OLSEN ATTORNEY AT LAW 32495 MAIN ROAD · EO. BOX 706" CUTCHOGUE, NEWYORK 11935-0706 PHONE 631-734-7666 FAX 63I 734 7712 olsenlaw~optonline.net April 22, 2008 Re: Gambardeila Our File 8920 Dear Lauren: Enclosed please find a copy of the Covenants and Restrictions, in re permit number 6788, which have been recorded in the Office of the Clerk of the County of Suffolk in Liber 12547 Page 998 on April 18, 2008. Very truly yours, GFO:lmk Enclosure Southold Town Trustees Attn: La ,~en Town Hall P. O. Box 1179 Southold, NY 11971 Michael and Linda Gambardella 19 Westbury Road Garden City, NY 11530 SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION/DOP Number of Pages: 6 Receipt Number : 08-0035606 District: Section: Block: 1000 118.00 06.00 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees 'For Above Instrument Exempt Page/Filing $18.00 NO Handling COE $5.00 NO NYS SRCHG TP-584 $0.00 NO Notation Cert. Copies $5.00 NO RPT Fees Paid THIS PAGE Recorded: At: 04/18/2008 09:51:56 AM IS A PART OF THE INSTRUMENT THIS IS NOT A BILL LIBER: PAGE: Lot: 007.000 $5.00 $ 5.oo $o.oo $30.00 $78.00 D00012547 998 Exempt NO NO NO NO Judith A. Pascale County Clerk, Suffolk County Number of pages This document will be public record. Please remove all Social Security Numbers prior to recordinD. Deed / Mortgage Instrument Deed / Mortgage Tax Stamp I Recording / Filing Stamps 3 ] FEES Page / Filing Fee / ~:' -- Handling 5. 00 TP-584 Notation EA-52 17 (County) Sub Total EA-5217 (State) R.P.T.S.A. ~-~'J ~ Comm. of Ed. 5. 00 Affidavit ~.~C_~ertified Copy ''~ ,,~ NYS Surcharge 15. 00 Sub Total Other Grand Total 4 Dist. 10r I~ I_. I 1000 11800 0600 007000 Real Property Tax Service Agency Verification Satisfactions/Discharges/Releases List Property Owners Mailing Address 6 RECORD & RETURN TO: OLSEN & OLSEN LLP P. O. BOX 706 CUTCltOGUE, NY 11935 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 NO, see appropriate tax clause on page # __ of this instrument Community Preservation Fund Consideration Amount $ CPF Tax Due $ Improved Vacant Land TD TD TD Mail to: Judith A. Pascale, Suffolk County Clerk (:7o [ Title Company Information 310 Center Drive, Riverhead, NY 11901 . Name on.nm, mAT.am www. suffolkcountyny, gov/clerk I Title # C~)¢~(gd~o.~l] ~, Suffolk County Recording & Endorsement Page Declaration of Covenants and Restrictions This page forms part of the attached made by: (SPECIFY TYPE OF INSTRUMENT) MICHAEL GAMBARDELLA AND LINDA GAMBARDELLA The premises herein is situated in SUFFOLK COUNTY, NEW YORK. TO In the TOWN of SOUTItOLD In the VILLAGE or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING, DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION made this / day of April, 2008, by MICHAEL GAMBARDELLA and LINDA GAMBARDELLA, husband and wife, now residing at 19 Westbury Road, Garden City, New York t 1530, hereinafter collectively referred to as the "Declarant". WITI~ESSETH: WHEREAS, the Declarant has title to certain land situate, lying and being at Cutchogue, Town of Southold, Suffolk County, New York, SCTM# 1000-118-6-7, said land being more particularly described in Schedule A which is attached hereto; and WHEREAS, the Property is situated in or adjacent to lands activities upon which are regulated BY the Town of Southold Board o~'Trustees pursuant to Chapter 275 of the Town code of the Town of Southold, as may be amended, and various activities conducted upon the property are subject to the jurisdiction, regulation and approval or disapproval of the Trustees prior to being conducted; WHEREAS, the Declarant has applied to the Town of Southold Board of Trustees for a Wetland Permit for approval to install a 16; x 36' in-ground swimming pool and masonry pervious pool patio; install a pool-enclosing fence; and establish a variable width (21' -28') non-turf buffer to be planted with native vegetation between the existing bulkhead and 14' elevation contour with the condition of a line of staked hay bales to be installed prior to construction, and as depicted on the site plan prepared by Mark K. Schwartz, AIA, last dated December 17, 2007, and received on December 26, 2007. WHEREAS, the Town of Southold Board of Trustees, as conditions for the issuance of such Wetland Permit, required certain covenants and restrictions be place on the property as shown on the aforesaid plans. NOW THEREFORE, thi§ Declarant witnesseth: That Declarant, for the purpose of carrying out the intentions expressed above does hereby make known, admit, publish, covenant and agree that the said property herein described shall hereafter be subject to the following covenants which shall mn with the land and shall be binding on all purchasers and holders of said premises, their heirs, successors, and assigns, to wit: 1. The grant ora Wetland Permit to install a 16' x 36' in-ground swimming pool and masonry pervious pool patio; install a pool-enclosing fence; and establish a variable width (21' - 28') non-tuff buffer to be planted with native vegetation between the existing bulkhead and 14' elevation contour shall be conditioned upon the installation of a continuous line of staked hay bales, maintained throughout the period of construction on the property as shown on the above referenced plan and identified as SCTM No. 1000-118-6-7. 2. These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of the Town of Southold Board of Trustees after a duly noticed public meeting. Adjoining property owners shall be entitled to notice of such public meeting by publication or as otherwise deemed sufficient by the Board of Trustees but their consent to such modification shall not be required. 3. It is the responsibility of any party having any right, title or interest in the Property to consult Chapter 275 of the Town Code of the Town of Southold, as may be amended, and to obtain from the Town of Southold Board of Trustees review and §uch approvals as may be required by Chapter 275 for activities regulated therein on the Property. 4. Declarant grants the continuing right in perpetuity to the Town of Southold or any of its designated representatives to enforce the conditions and restrictions of the covenants. THE FOREGOING covenants and restrictions shall bind the Declarant, its heirs, successors and assigns, and any and all person or persons who shall succeed to the ownership of said premises of any part thereof by transfer or otherwise. 1N WITNESS WHEREOF, the Declarant has duly executed this Declaration the day and year first above written. MICHAEE G'A-'MBARDELLA ~ LINDA GAMBARDELLA COUNTY CLERK'S OFFICE STATE OF NEW YORK SS.: COUNTY OF SUFFOLK I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof, d_o hereby c~rtify that I have compared the ann.~xqd~w½ttk3~e original ~-,~_ ~. ,~..I.(~ ...... /, ~RE,~C~OQi~ in manYdOft~ tOh~ .L]s~[e~ii;..~O'tru~; under LIBER 1ZT-).~.t ~.t ............... rave . J....'-, ......... , copy thereof, and of the whole of such original. In Testimony Whereof, I b, gtve hereunto set/ny hand and affixed th~. ~al of said County and Court on this..[ .~..~..~...day of..;~.~i.[ .............. ,20.0..~5.. File No: RH07300304 SCHEDULE A-DESCRIPTION AMENDED 03/26/07 ALL that certain plot, piece or parcel of land, situate, lying and being at Nassau Point, or Little Hog Neck, Suffolk County, New York, and known and designated as Lot No. 91 on a certain map entitled, "Amended Map A of Nassau Point, owned by Nassau Point Club Properties, Inc. situate in Town of Southold, Suffolk County, Long Island, New York", surveyed June 28, 1922 by Otto W. Van Tuyl, C. E. & Surveyor, Greenport, New York, and filed in the Office of the Clerk of the County of Suffolk on August 16, 1922 as File No. 156, and bounded and described as follows: BEGINNING at a point on the westerly side of Nassau Point Road, where the division line between Lots 90 and 91 intersects said westerly side of Nassau Point Road as shown on the above map; RUNNING THENCE South 54 degrees 43 minutes 00 seconds West along last mentioned division line, 388.41 feet to the apparent high water mark of Great Peconic Bay as of March 12, 2007; THENCE along said apparent high water mark of Great Peconic Bay on a tie line bearing North 36 degrees 49 minutes 58 seconds West, a tie line distance of, 100.04 feet to the division line between Lots 91 and 92 on the above map; THENCE North 54 degrees 43 minutes 00 seconds East along last mentioned division line, 484.79 feet to the westerly side of Nassau Point Road; THENCE southerly along the westerly side of Nassau Point Road on a tie line course and distance of South 7 degrees 50 minutes 50 seconds West, 137.05 feet to the point or place of BEGINNING. Legal Description James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES 72 HOURS PRIOR TO COMMENCEMENT OF THE WORK, TO MAKE AN APPOINTMENT FOR A PRE-CONSTRUCTION INSPECTION. FAILURE TO DO SO SHALL BE CONSIDERED A VIOLATION AND POSSIBLE REVOCATION OF THE PERMIT. INSPECTION SCHEDULE ~Pre-construction, hay bale line 1st day of construction //s constructed Project complete, compliance inspection. BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 6788 DATE: DECEMBER 12~ 2007 ISSUED TO: LINDA & MICHAEL GAMBARDELLA PROPERTY ADDRESS: 9480 NASSAU POINT ROAD~ CUTCHOGUE SCTM# 118-6-7 AUTHORIZATION Pursuant to the provisions of Chapter 275 anddor 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 December 12, 2007, and in consideration of application fee in the sum of $250.00 paid by Linda & Michael Gambardella and subject to the Terms and Conditions as stated in the Resolution, the Southold Town Board of Trustees authorizes and permits the following: Wetland Permit to install a 16' x 36' in-ground swimming pool and masonry pervious pool patio; install a pool-enclosing fence; and establish a variable width (21'- 28') non-turf buffer to be planted with native vegetation between the existing bulkhead and 14' elevation contour, with the condition of a line of staked hay bales to be installed prior to construction, and as depicted on the site plan prepared by Mark K. Schwartz, AIA, last dated December 17 2007, and received on December 26, 2007. IN WITNESS WHEREOF, the said Board of Trustees hereby causes its Corporate Seal to be affLxed, and these presents to be subscribed by a majority of the said Board as of this date. TERMS AND CONDITIONS The Permittee Linda & Michael Gambardella, residing at 9480 Nassau Point Road, Cutchogue, as part of the consideration for the issuance of the Permit does understand and prescribe to the following: That the said Board of Trustees and the Town of Southold are released from any and all damages, or claims for damages, of suits arising directly or indirectly as a result of any operation performed pursuant to this permit, and the said Permittee will, at his or her own expense, defend any and all such suits initiated by third parties, and the said Permittee assumes full liability with respect thereto, to the complete exclusion of the Board of Trustees of the Town of Southold. That this Permit is valid for a period of 24 months, which is considered to be the estimated time required to complete the work involved, but should circumstances warrant, request for an extension may be made to the Board at a later date. That this Permit should be retained indefinitely, or as long as the said Permittee wishes to maintain the structure or project involved, to provideevidence to anyone concerned that authorization was originally obtained. That the work involved will be subject to the inspection and approval of the Board or its agents, and non-compliance with the provisions of the originating application may be cause for revocation of this Permit by resolution of the said Board. That there will be no unreasonable interference with navigation as a result of the work herein authorized. That there shall be no interference with the right of the public to pass and repass along the beach between high and low water marks. That if future operations of the Town of Southold require the removal and/or alterations in the location of the work herein authorized, or if, in the opinion of the Board of Trustees, the work shall cause unreasonable obstruction to free navigation, the said Permittee will be required, upon due notice, to remove or alter this work project herein stated without expenses to the Town of Southold. The Permittee is required to provide evidence that a copy of this Trustee permit has been recorded with the Suffolk County Department of Real Properties Office as a notice covenant and deed restriction to the deed of the subject parcel. Such evidence shall be provided within ninety (90) calendar days of issuance of this permit. That the said Board will be notified by the Permittee of the completion of the work authorized. That the Permittee will obtain all other permits and consents that may be required supplemental to this permit, which may be subject to revoke upon failure to obtain same. James F. ICing, President Jill M. Doher~y, Vice-President Pegg~ A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 December 12, 2007 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Mr. Robert E. Herrmann Eh-Consultants, Inc. 1319 North Sea Road Southampton, NY 11968 RE: LINDA & MICHAEL GAMBARDELLA 9480 NASSAU POINT ROAD, CUTCHOGUE SCTM# 118-6-7 Dear Mr. Herrmann: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, December 12, 2007 regarding the above matter: WHEREAS, En-Consultants, Inc. on behalf of LINDA & MICHAEL GAMBARDELLA applied to the Southold Town Trustees for a permit under the provisions of Chapter 275 of the Southold T?wn Code, the Wetland Ordinance of the Town of Southold, application dated ~lovember 15, 2007, and, WHEREAS, said iapplication was referred to the Southold Town Conservation Advisory Council and to th~ Local Waterfront Revitalization Program Coordinator for their findings and recommenda~_tions, and, WHEREAS, the LWRp Coordinator issued a recommendation that the application be found Consistent with the Local Waterfront Revitalization Program policy standards, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on December 12, 2007, 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, 2 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 the Board of Trustees have found the application to be Consistent with the Local Waterfront Revitalization Program, and, RESOLVED, that the Board of Trustees approve the application of LINDA & MICHAEL GAMBARDELLAto install a 16' x 36' in-ground swimming pool and masonry pervious pool patio; install a pool-enclosing fence; and establish a variable width (21'-28') non- turf buffer to be planted with native vegetation between the existing bulkhead and 14' elevation contour, with the condition of a line of staked hay bales to be installed prior to construction, and as depicted on the site plan prepared by Mark K. Schwartz, AIA, last dated December 17 2007, and received on December 26, 2007. 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, JaYmes F. King '~ President, Board of Trustees JFK/eac James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 53095 Route25 P.O. Box 1179 Southold, NewYork 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD December 12, 2007 Mr. Robert E. Herrmann En-Consultants, Inc. 1319 North Sea Road Southampton, NY 11968 RE: LINDA & MICHAEL GAMBARDELLA 9480 NASSAU POINT ROAD, CUTCHOGUE SCTM# 118-6-7 Dear Mr. Herrmann: The Southold Town Board of Trustees reviewed the survey prepared by Mark K. Schwartz, AIA, last dated December 17, 2007 and received on December 26, 2007, and determined the proposed work of constructing a two-story addition to the existing two- story, one-family dwelling, install a hot-tub, replace the roof on the existing garage, install a drainage system of drywells and upgrade sanitary system to be out of the Wetland jurisdiction under Chapter 275 of the Town Wetland Code and Chapter 111 of the Town Code. Therefore, in accordance with the current Wetlands Code (Chapter 275) and the Coastal Erosion Hazard Area (Chapter 111) no permit is required. Please be advised, however, that no construction, sedimentation, or disturbance of any kind may take place seaward of the tidal and/or freshwater wetlands jurisdictional boundary or seaward of the coastal erosion hazard area as indicated above, or within 100' landward from the top of the bluff, without further authorization from the Southold Town Board of Trustees pursuant to Chapter 275 and/or Chapter 111 of the Town Code. 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 and Coastal Erosion Hazard Area, which may result from your project. Such precautions may include maintaining adequate work area between the tidal wetland 2 jurisdictional boundary and the coastal erosion hazard area and your project or erecting a temporary fence, barrier, or hay bale berm. This determination is not a determination from any other agency. If you have any further questions, please do not hesitate to call. Sincerely, James F. King, President Board of Trustees JFK:eac James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 53095Route 25 P.O. Box 1179 Southold, New York11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Please be advised that your application dated/t~C-z~'/~? has been reviewed by this Board at the regular meeting of ""J:>tt ~e~.~/~er/A., ~x.)]~ and your application has been approved pending the completion of the following items checked off below. pRree.'Sed Plans for proposed project Construction Hay Bale Line Inspection Fee ($50.00) __ 1st Day of Construction ($50.00) __ ¼ Constructed ($50.00) __ Final Inspection Fee ($§0.00) __ Dock Fees ($3.00 per sq. ft.) Permit fees are now due. Please make check or money order payable to Town of Southold. The fee is computed below according to the schedule of rates as set forth in Chapter 275 of the Southold Town Code. The following fee must be paid within 90 days or re-application fees will be necessary. You will receive your permit upon completion of the above. COMPUTATION OF PERMIT FEES: TOTAL FEES DUE: $. ~O cio BY: James F. King, President Board of Trustees James Heffron & Barbara Michelson 9280 Nassau Pt. Rd. PO Box 1277 Cutchogue, NY 11935 Dec. 12, 2007 Board of Town Trustees Town of Southold 53095 Route 25 P.O. Box 1179 Southold, NY 11971 Re: Application of Gambardella Dear Trustees: We live next to the property that is the subject of this application. We are writing to express our opposition to the application because it does not conform to applicable law and will deprive us of light, impair our views, and potentially expose us to greater loss in the event of a hurricane. For the reasons set forth below, we believe that the Board should deny the application as depicted on the Site Plan prepared by Mark K. Schwartz dated Nov. 8, 2007. The frrst reason that the Board should reject the application insofar as it concerns the proposed patio and addition is that it is inconsistent with the Town's "Local Waterfront Revitalization Plan." That inconsistency was communicated to the Board by the Town's principal planner and LWRP coordinator, Mark Terry, in a memorandum dated Dec. 6, 2007 and logged in by the Board that day. Mr. Terry aptly observed that the proposed masonry patio is a mere 60 feet from the wetland boundary and the proposed two story addition is 83 feet from same, both in violation of the 100 foot setback requirement ofT own Code § 275-3. While Mr. Terry only invoked LWRP Policy 6.3 to justify his view, we believe that the proposed patio and addition would also abrogate policies 3, 4, and 5 of the LWRP. LWRP Policy 3.1.A aims to minimize introduction of design components like fencing that are discordant with existing scenic elements. The large patio with fencing sought by this application will be at odds with surrounding properties. We know of no fenced or substantially paved yards between houses and bulkheads at any house between the end of Nassau Pt. Rd. and the bulkheaded channel to the north. Furthermore, we believe that the proposed increase in impervious surfaces near the steeply sloped bank down to the bulkhead and beach is inconsistent with LWRP Policy 4, and especially 4.1.A. That policy aims to site structures as far away from flooding and erosion hazards as practical. The introduction of these impervious surfaces will damage the upland's ability to act as a sponge and shock absorber in the event of future storms and will tend to channel any storm surge toward the upland thereby heightening the risks of storm related destruction. And finally, the proposed patio and addition will abridge LWRP Policy 5 which promotes protection and improvement of water quality. The increment in impervious surfaces proximate to the steep slope down to the bulkhead and then the beach will tend to channel stormwater and other runoff seaward thereby undermining water quality. T~ae second reason the Board should reject the application is that the proposed addition would apparently lie seaward of our adjoining home. Town Code § 275-11.A(3) requires that remodeled homes "[c]annot be situated or modified such that they project closer to the wetland boundary than homes on either side of the subject lot." The applicant should be directed to modify the application to conform to this standard, although enforcement of the mandatory 100 foot setback would ostensibly take care of this issue. That same code section-- § 275'11---~so mandates that swimming pools be serviced by dedicated drywells or similar structures. None appear to be depicted on the Site Plan. And it further provides that "platforms" not be permitted "near" bluffs. We believe that the proximity of the proposed masonry patio to the crest of the slope leading down to the beach may violate this edict. Thirdly, the standards for issuance of a permit set forth in Town Code § 275-12 lays out criteria for issuance of a permit. We do not believe the application here warrants the findings required in subsections E and J of this section. In our view, the application at hand does indeed adversely affect the aesthetic value of the area adjacent to the wet]and, including our property, and increase the danger of flood damage with its dramatic increase in impervious surfaces adjoining the wetland. We have a few miscellaneous observations with which to conclude. Under § 275-5(2)(c) additions to the landward side of existing one family dwellings "[m]ust be less than or equal to 25% of the area (footprint) of the existing structure." It seems to us that this would limit the applicant's proposed expansion to 25% of the existing house's footprint within the 100 foot setback area. The proposed addition far exceeds that limit and hence may not even be ripe for consideration for an administrative permit. 2 In addition, we do not believe that the Board has the authority to grant a "variance" vis a vis enforcement of the pertinent setbacks. The word "variance" appears absent from Chapter 275. Code § 275-6.B which some might argue provides authority akin to variance authority has no standards against which to assess whether a variance is indicated. Under these circumstances, we do not believe any grant of a variance or waiver could be justifiable. We have never heard of an administrative agency being able to act by fiat without reference to objectified, lawfully adopted criteria. In this light, we believe that the Board has no choice but to deny the application as presently constituted. Furthermore, we believe that the reasons that the proposed masonry patio should be denied also pertain to the proposed swimming pool. It is not at all clear to us that the applicable setbacks here should be measured from the bulkhead rather than the bluffline, or the landward crest of the steep slope that leads up from the beach. In the end, this application seeks approval for improvements to 9480 Nassau Pt. Rd. which could easily be accommodated elsewhere on the lot. There is no inherent reason that the improvements sought need to conflict with the provisions of Chapter 275 and the Town LWRP. Granting the application as submitted would flout the important public policies laid out in those documents and would be unnecessary, imprudent and short-sighted. We very much appreciate your consideration. Sincerely, Barbara Michelson Donald Wilder, Chairman Lauren Standish, Secretary Town Hall, 53095 Main Rd. P.O. Box 1179 Southold, NY 11971 Telephone (631 ) 765-1892 Fax (631) 765-6641 Conservation Advisory Council Town of Southold At the meeting of the Southold Town Conservation Advisory Council held Wed., December 5, 2007, the following recommendation was made: Moved by Jack McGreevy, seconded by Doug Hardy, it was RESOLVED to SUPPORT the Wetland Permit application of LINDA & MICHAEL GAMBARDELLA to install a 16'X 36' in-ground swimming pool and masonry pool patio; install a pool-enclosing fence; and establish a variable width (21'-28') non-turf buffer to be planted with native vegetation between the existing bulkhead and 14' elevation contour; construct a two-story addition to the existing two-story, one-family dwelling; install a hot- tub; replace the roof on the existing garage; and install a drainage system of drywells and upgrade sanitary system. Located: 9480 Nassau Point Rd., Cutchogue. SCTM#118-6-7 Inspected by: Jack McGreevy, Chris Kempner, Jacob Smith The CAC Supports the application with the Condition of a non-turf buffer, the run-off from the patio is retained on the property along the s/e corner, and notes the possibility of the cesspool being located within 100' of the wetland boundary. Vote of Council: Ayes: All Motion Carried James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Southold Town Board of Trustees Field Inspection/Work session Report Date/Time: J ~ ~ - 7 LINDA & MICHAEL GAMBARDELLA request a Wetland Permit to install a 16'× 36' in-ground swimming pool and masonry pool patio; install a pool- enclosing fence; and establish a variable width (21'-28') non-turf buffer to be planted with native vegetation between the existing bulkhead and 14' elevation contour; construct a two-story addition to the existing two-story, one-family dwelling; install a hot-tub; replace the roof on the existing garage; and install a drainage system of drywells and upgrade sanitary system. Located: 9480 Nassau Point Rd., Cutchogue. SCTM#118-6-7 Type of area to be impacted: ./ __Saltwater Wetland Freshwater Wetland Sound ~ Bay Distance of proposed work to edge of above: x~C of Town Code proposed work falls under: __Chapt.275 Chapt. 111 other Type of Application: ~ Wetland __Coastal Erosion __Amendment __Administrative __Emergency Pre-Submission Violation Planning Info needed: Modifications: Pre ntWere'k/JKing V/JDoherty PDickerson ~D Ber en % Ghosio, Jr ~'~. Cusa~-- ' D. Dz-~-~owski ~M~k Terry__other' g -- ' Form filled out in the field by Mailed/Faxed to: Date: Environmental Technician Review ~¢ ;'¢'1 LINDA & MICHAEL GAMABARDELLA~ 9480 NASSAU POINT ROAD~ CUTCHOGUE Figure 1. LooMng northeast from direction of bay toward existing dwelling and locations of proposed swimming pool and patio. Figure 2. Looking west over existing lawn area to be replaced with and established as a non-turf buffer to be planted with native vegetation. EN-CONSULTANTS, INC. 1319 North Sea Road Southampk)n, New Yon~ 11968 631-283-6360 Fax: 631-283-6136 www.enconsultants.com ENVIRONMENTAL CONSULTING December 24, 2007 James King, Chairman Board of Trustees Town of Southold P.O Box 1179 Southold, NY 11971 Re: Linda and Michael Gambarddla. 9480 Nassau Point Road. Cutchoaue As agreed during hhe public hearing on the captioned application, please find atlached (3) copies of a site plan prepared by Mark SAchwartz, AIA, dated 17 December 2007, which has been re.~i~d to depict a pervious patio outfitted with a trench drainage system and the reduction of the seaward ~ent or, the ori~nally proposed patio by 5 feet. Should you require any additional information before the Town Wetlands Permit can be ~ease let me know. ly yours, Robert E. H*..iann Coastal Management Specialist Enclosures 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 MEMORANDUM To: Jan~es King, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner~/~ LWRP Coordinator Southhold Tow. Board of Truste~ Date: December 6, 2007 Re: Request for Wetland Permit for LINDA & MICHAEL GAMBARDELLA SCTM# 118-6-7 LINDA & MICHAEL GAMBARDELLA request a Wetland Permit to install a 16'X 36' in- ground swimming pool and masonry pool patio; install a pool-enclosing fence; and establish a variable width (21 '-28') non-turf buffer to be planted with native vegetation between the existing bulkhead and 14' elevation contour; construct a two-story addition to the existing two-story, one- family dwelling; install a hot-tub; replace the roof on the existing garage; and install a drainage system of drywells and upgrade sanitary system. Located: 9480 Nassau Point Rd., Cutchogue. SCTM#118-6-7 The proposed pool has been reviewed to Chapter 268, Waterfront Consistency Review of the To~vn of Southold Town Code and the Local Waterfront Revitalization ProgTam (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 generally CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP provided that the following Best Management Practices are applied to further the policies: l. Maintain a 30 foot non turf, native vegetation buffer landward of the bulkhead. The proposed patio and two story addition 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 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 Southold Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The distance to the proposed masonry patio from the wetland boundary is 60 feet; the distance to the proposed addition from the wetland boundary is 83 feet; a minimum setback distance of 100 feet from the wetland line is required pursuant to Chapter 275-3.Findings; purpose; jurisdiction; setbacks. Please require that the applicant amend the application to meet the above policy to the greatest extent practical. If the action is approved the following Best Management Practices (BMP) are recommended: 1. Require a 30 foot non-turf, native vegetation buffer landward of the wetland boundary. 2. Require drywells to contain runoff from the patio and the pool. The BMP's will further Policies 5, Protect and improve water quality in the Town of Southold and 6.3, Protect and restore tidal and freshwater wetlands, item D (below). D. Provide adequate buffers between wetlands and adjacent or nearby uses and activities in order to ensure protection of the wetland's character, quality, values, and functions. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. MT/hkc Albert J. Krupski, James King, Vice-Presi Henry Smith Artie Foster Ken Poliwoda Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631 ) 765-1892 Fex (63 I) 765- ! 366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office Use Only .~Coastal Erosion Permit Application Wetland Permit Application Major Waiver/Amendment/Changes ec-¥ived Application: eceived Fee:$ o~,~)~ .~5ompleted Application Incomplete SEQRA Classification: Type I Type II Unlisted Coordination:(date sent) .~CAC Referral Sent: ~Date of Inspection: Receipt of CAC Report: Lead Agency Determination: Technical Review: ~Public Hearing Held: Resolution: Minor Southhold Town Beard of Trustees Name of Applicant L1NDA & i~[CI-IAEL GAIV~ARDFI l ,A Address 19 WESTBURYROAD, GARDEN CITY, NY 11530 Phone Number: 516-742-8007 Suffolk County Tax Map Number: 1000 - 1186-7 Property Location: 9480 NASSAU POINF ROAD, C~ (provide LILCO Pole #, distance to cross streets, and location) AGENT: ~ULTANIS, INC. (If applicable) Address: 1319 NORTrt SEA ROAD, SOUIMAIV~ION, NY 11968 Phone: 631-283-6360 Land Area (in square feet): 43,658 Area Zoning: R40 of Trustees Applic~ GENERAL DATA )n Previous use of property: RESIDENTIAL Intended use of property: NO CHANGE Covenants and Restrictions: X No Yes If "Yes", please provide copy. Prior permits/approvals for site improvements: Agency Date ~ No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? X No Yes If yes, provide explanation: Project Description (use attachments if necessary): Administrative Wetlands Permit requested pursuant to §275-5(B)(1), §275-5(BX2)(e), and §275-5(BX3) of the Town Code for the construction of a 16' x 36' inground swimming pool and masonry pool patio; installation of a pool-enclosing fence; and establishment a variable width (21' to 28') nonturf buffer to be planted with native vegetation between the existing bulkhead and 14-foot elevation contour (approximately 1,375 square feet), all as depicted on the site plan prepared by Mark Schwartz, AIA, dated November 8, 2007. Letter of Non-Jurisdiction requested pursuant to §275-3(C)(5) of the Town Code for the construction of a two-story addition to the existing two-story, one-family dwelling; installation of a hot tub; replacement of the roof on the existing garage; and installation of a drainage system of drywells and upgraded sanitary system, as all such work will occur more than 100 feet from the wetlands botmdary/tidal waters of Gmat Peconic Bay and thus beyond the jurisdiction of the Board of Trustees. oard of Trustees Applical WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: SWIMMING POOL AND PATIO FOR RESIDENTIAL USE AND ESTABLISHMENT OF NONTURF BUFFER TO PROTECT WETLAND RESOURCES. Area of wetlands on lot: 0 .square feet Percent coverage of lot: 0 % Closest distance between nearest existing structure and upland edge of wetlands: Il5 feet (DWELLING) Closest distance between nearest proposed structure and upland edge of wetlands: 60 feet (MASONRY POOL PATIO) Does the project involve excavation or filling? No X Yes If yes, how much material will be excavated? <140 cubic yards (SWIMMING POOL) How much material will be filled? N/A cubic yards Depth of which material will be removed or deposited: 8 feet (SWIMMING POOL) Proposed slope throughout the area of operations: N/A Manner in which material will be removed or deposited: EARTHEN MATERIAL TO BE REMOVED VIA BACKHOE OR BOBCAT FOR INSTALLATION OF PROPOSED SWIMMING POOL. Statement of the effect, if any, on the wetlands and tidal waters &the town that may result by reason of such proposed operations (use attachments if appropriate): THE PROPOSED SWIMMING POOL AND PATIO MEET THE WETLANDS SETBACK REQUIREMENTS OF CHAPTER 275 AND TOGETHER WITH THE PROPOSED +/-1,375 S.F. NONTURF BUFFER COMPRISE A PROJECT DEEMED CONSISTENT WITH THE BOARD'S POLICIES REGARDING THE PROTECTION OF WETLAND RESOURCES. WITH THE ADDITIONAL PROTECTIVE MEASURE OF INSTALLING A DRYWELL DEDICATED TO CAPTURING POOL BACKWASH. THE PROJECT WILL HAVE NO SIGNIFICANT ADVERSE IMPACTS ON THE ADJACENT TIDAL WATERS. 14-16~4 (2/87)--Text 2 IPROJECT I.D. NUMBER SHORT 617.2t Appendix C State Environmental Quality Review ENVIRONMENTAL ASSESSMENT For UNLISTED ACTIONS Only FORM PART I -- PROJECT INFORMATION (To be completed by Applicant or Project sponsor) I APPLICANT/SPONSOR:L]NDA &, MICHAEL CoAMBARDELLA 2. PROJECT NAME BY EN-CONSULTANTS, INC. 3 PROJECT LOCATION: Municipality CUTCHOGUE County SUFFOLK SEQR 4 PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc, or provide map) 9480 NASSAU POINT ROAD, CUTCHOGUE 5. IS PROPOSED ACT [] New G E.,qmnsion [] Modification/alteration 6 DESCRIBE PROJECT BRIEFLY: Administrative Wetlands Permit requested pursuant to §275-5(B)(1), §275-5(B)(2)(e), and §275-5(B)(3) of the Town Code for the construction ora 16' x 36' inground swimming pool and masonry pool patio; installation of a pool-enclosing fence; and establishment a variable width (21' to 28') nonturf buffer to be planted with native vegetation between the existing bulkhead and 14-foot elevation contour (approximately 1,375 square feet), all as depicted on the site plan prepared by Mark Schwartz~ AIA, dated November 8, 2007. Letter of Non-Jurisdiction requested pursuant to §275-3(C)(5) of the Town Code for the construction of a two-sto~y addition to the existing two-sto~y, one-family dwelling; installation of a hot tub; replacement of the roof on the existing garage; and installation ora drainage system of drywells and upgraded sanitary system, as all such work will occur mom than 100 feet from the wetlands boundary/tidal waters of Great Peconic Bay and thus beyond the jurisdiction of the Board of Trustees. Initially 43,658 S.F. acres Ultimately 43,658 S.F. acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [~]Yes [] No If No. describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [] Residential [] Industrial [] Commercial [] Agriculture [] Park Forest/Open sparse [] Other DEC NON-JURISDICTION []Yes []N o A p p l ic a n tis p o n s o r n a In eR~ERT E. HERRMANN, COASTAL MANAGEMENT SPECIALIST Signature: .l~ L.... ~ D A T E NOVEMBER 13, 2007 I If the action is in the Coastal Area, and you are a state agency, complete the I Coastal Assessment Form before proceeding with this assessment I OVER James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD In the Matter of the Application of COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING being d~y swom, depose and say: / ' That on the~day of ]k/o~/, , 200~, I/versonally posted the property known as by placing the Board-of Trustees official poster w~er~ it can [asily be seen, and that I have checked to be sure the poster has remained in place for eight days prior to the date of the public hearing. Date of hearing noted thereon to be held UJQ~/. Dated: (signatm:e)'~) Swom to before me this day of..~-t 200 7 K~..-No~ary"Public - NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES, TOWN OF SOUTHOLD In the matter of applicant:k1NDA & MICHAEL GAMBARDELLA SCTM#1000-118-6-7 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to Permit from the Board of Trustees to: request a Administrative Wetlands Permit requested pursuant to §275-5(B)(1), §275-5(B)(2)(e), and §275-5(B)(3) of the Town Code for the construction ofa 16' x 36' inground swimming pool and masonry pool patio; installation of a pool-enclosing fence; and establishment a variable width (21' to 28') nonturf buffer to be planted with native vegetation between the existing bulkhead and 14-foot elevation contour (approximately 1,375 square feet), all as depicted on the site plan prepared by Mark Schwartz, AIA, dated November 8, 2007. Letter of Noo-Jurisdiction requested pursuant to §275-3(C)(5) of the Town Code for the construction of a two-story addition to the existing two-story, one-family dwelling; installation of a hot tub; replacement of the roof on the existing garage; and installation of a drainage system of drywells and upgraded sanitary system, as all such work will occur more than 100 feet from the wetlands boundary/tidal waters of Great Peconic Bay and thus beyond the jurisdiction of the Board of Trustees. 2. That the property which is the subject of Environmental Review--is located adjacent to your property and is described as follows: 9480 NASSAU POINT ROAD, CUTCHOGUE 3. That the project which is subject to Environmental Review under Chapters 32, 37, or 97 of the Town Code is open to public comment on:DECEMBER12,2007~6:30pm You may contact the Trustees Office at 765-1892 or in writing. The above referenced proposal is under review of the Board of Trustees of the Town of Southold and does not reference any other agency that might have to review same proposal. OWNERS NAME: LYNDA& MICHAELGAMBARDELLA MAILING ADDRESS: 19 WESTBURY ROAD GARDEN CITY, NY 11530 PHONE #: 516-742-8007 Enc. : Copy of sketch or plan showing proposal for your convenience. 5 PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Name: Address: JAMESHEFFRON &BARBARAMICHELSON P.O. BOX1277 CUTCHOGUE, NY 11935 SUSAN MARY NORRIS P.O. BOX 66 MATTI?UCK, NY 11952 STATE OF NEW YORK COUNTY OF SUFFOLK ROBERT E. HEKRMANN 1319 NORTH SEA ROAD SOUTHAMPTON, NY 11968 , being duly sworn, that on the 16th day of NOVEMBER ,2o 07 mailed a true copy of the Notice set forth in Trustees Application, directed to each of the doing business at EN-CONSULTANTS, INC. deposes and says , deponent the Board of above named persons at the addresses set opposite there respective names; that the addresses set opposite the names of said persons are the address of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office at SOUTHAMPTON that said Notices were mailed to each of said persons by (certified) X~X~X~X~K~) mail. Sworn to before me this 16th day of NOVEMBER .20 07 ~ ~ ~-~otary -Pub~i-i-~ -- ROBERT E. HERRMANN COASTAL MANAGEMENT SPECIALIST ,.,.~ Fd,~ ~ A L U S E m $2,65 c~ 10.00 BARBARA MICHELSON ~. o.,ooo~,,~ P.O. BOX 1277 CUTCHOGUE, NY 11935 $5.77 SUSAN MARY NORRIS -] P.O. BOX 66 q ard of Trustees Applicati~ AU'£nORI ZATION (where the appli, cant is hot the o, wner$ I, ' (print owner of pro,arty)- (mailing address ( Age nt ) Southold Board of Town Trustees on my behalf. 8 of Trustees Applica~ County of Suffolk State of New York DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OK BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COIV[PLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVES(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REV~[EV. SWORN TO BEFORE ME THIS DAY OF /)tn 'n rP ,20 ' N°' YP I °F dd SUSAN J. NAGY NotaG, Public State of New Yerh No. 4896735 ~q~al#ted ~ Suffolk Coufl~ty , mmisaen Ex~ May 20/.L APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the vart of town officers and emolovees. The numose of this form is to provide informatmn which can ~lert the town o?ossthle co~nfl~cts of rote. rest and allow ~t to take whatever a~on ~s someone else or other entity, such az a company. If so, indicate the other pev~on's or enmpany's naru~.) NAME OF APPLICATION: (Check all that apply.) Variance 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 $outhold~ "Relationship' includes by blood, marriage, or busineaz interest. "Business interest" mean~ a busineaz, including a permership, in which the town officer or employee has even a partial ownership of(or employment by) a enrperafion in which the town officer or employee owns more than 5% of the shares. YES NO ~// If you answered "YE", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of $outho!d Title or position of that person Describe the relationship between yourself(the applicant/agent/representative) and the town officer or employee. Either check the appropriate line A) through D) and/or dazeribe in the space provided. The town offienr or employee or hJz or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of thc corporate stock of the applicant (when the applicant is a corpurafion); B) thc legal or bencficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); __ C) an officer, director, partner, or employee of thc applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Town of Southold A. INSTRUCTIONS 1, LWRP CONSISTENCY ASSESSMENT FORM A II applicants for perm its* including Tow n of S0uthnld agencies, shall c0m plete this C C A F for proposed actions that are subject to the Town of S0uth01d W aterfr0nt C0nsistency Review Law. This assessmentisintendedt0 supplement0therinf0rmati0nusedbyar0wn0PS0uth01dagencyin m a k in g a d e t e r m in a ti0 n 0 f c 0 n s is t e n c y~ *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local 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" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus~ each answer must be explain.ed in detail, listine both sul~l~ortine and non- suDDortin~ facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. SCTM# 118 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. DESCRIPTION OF SITE AND PROPOSED ACTION 6 -7 PROJECT NAME LINDA & MICHAEL GAMBARDELLA The Application has been submitted to (check appropriate response): TownBoard [~] PlanningBoard[~ Building Dept. [--] Board of Trustees E~ Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital I'~ construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) ~ (c) Permit, approval, license, certification: 1~ Nature and extent of action: Administrative Wetlands Permit requested pursuant to §275-5(B)(1), §275-5(B)(2)(e), and §275-5(B)(3) of the Town Code for the construction of a 16' x 36' inground swimming pool and masonry pool patio; installation of a pool-enclosing fence; and establishment a variable width (21' to 28') nonturf buffer to be planted with native vegetation between the existing bulkhead and 14-foot elevation contour (approximately 1,375 square feet), all as depicted on the site plan prepared by Mark Schwartz~ AIA, dated November 8, 2007. Letter of Non-Jurisdiction requested pursuant to §275-3(C)(5) of the Town Code for the construction of a two-story addition to the existing two-story, one-family dwelling; installation ora hot tub; replacement of the roof on the existing garage; and installation ora drainage system of drywells and upgraded sanitary system, as all such work will occur more than 100 feet from the wetlands boundary/tidal waters of Great Peconic Bay and thus beyond the jurisdiction of the Board of Trustees. Location of action: 9480 NASSAU POINT ROAD, CUTCHOGUE Site acreage: 1.0 ACRES Present land use: RESIDENTIAL, ONE-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: LINDA & MICHAEL GAMBARDELLA (b) Mailing address: 19 WESTBURG ROAD GARDEN CITY, NY 11530 (c) Telephone number: Area Code 516-742-8007 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ['--] No [~ If yes, which state or federal agencyT C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COASTPOLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. [~Yes ~ No [~ Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria ["-] Yes ~ No ~ Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria The project is consistent with Policy 3 insofar as it shall establish a 21 to 28-foot wide and approximately 1,375 s.f. nonturf buffer to be planted with native vegetation between the existing bulkhead and 14-foot elevation contour, which will restore and present a more natural appearance along the shorefront. 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 Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria ~ Yes ~ No ~] Not Applicable The project will protect and improve water quality and thus be consistent with Policy 5 through thc establishment of an approximately 1,375 s.f. nonturf buffer to be planted with native vegetation in place of existing, maintained lawn areas upslope of the tidal waters of Great Peconic Bay and the installation ofa drywell dedicated to the capture of pool backwash. An upgraded sanitary system and drainage system of drywells will also be installed more than 100 feet from wetlands in association with related work occurring beyond Chapter 275 jurisdiction. 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 The project will be consistent with Polic~lue to the incorporated mitigation and protectlll~leasures outlined above and because a project-limiting fence and staked haybales will be installed to contain site disturbance during construction. With respect to compliance with Trustees and NYSDEC laws and regulations, the proposed work within wetlands jurisdiction exceeds the recommended wetlands setbacks in Chapter 275 and together with the proposed nonturf buffer is considered work that is consistent with the Board's policies regarding the protection of wetland resources (§275-5(B)(1)); the work has been exempted from the DEC's Tidal Wetlands Land Use Regulation due its location landward ora pre-1977 functional bulkhead. 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 Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. ~ Yes [--] No ~ Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. ~ Yes ~'~ No ~ Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Po. licy 10. Protect Southold's ~r-dependent uses and promote sitl~l~of new water-dependent suitable locations. See LWRP Section IH - Policies; Pages 47 through 56 for evaluation criteria. ~ Yes [~ No E~ Not Applicable uses in Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. ["-] Yes [~] No [~ Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. [-'1 Yes [~ No [~ Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. ['--] Yes [--] No ~ Not Applicable PREPARED BY~,~ . TITLE COASTAL MGMT SPECIALIST DATE 11/13/07 ROBER']NE. HERRMANN Amended on 8/1/05 EN-CONSULTANTS, INC. 1319 North Sea Road Southampton, New York 11968 631-283-6360 Fax: 631-283-6136 www. enconsultants.com ENVIRONMENTAL CONSULTING November 13, 2007 REOUK~ST FOR AN ADMINISTRATIVI~ WETLANDS PERMIT Town of Southold Board of Trustees 54375 Main Road Post Office Box 1179 Southold, New York 11971 Atm.: Lauren Standish Re: Linda & Michael Gambardella 9480 Nassau Point Road, Cutchogue SCTM #1000-118-6-7 DcarMs. Standish: In regard to the above referenced property, enclosed are the following for the Board of Trustees review: Three (3) Wetland Permit Applications including a) Short Environmental Assessment Form; b) Authorization & Disclosure Forms; c) Surveys of existing conditions, and d) Site plans. Three (3) LWRP Consistency Assessment Forms including a) site plan. One (1) set of site photographs. Application fee of $50.00 wetlands. I trust this information shall allow you to process our permit request. Should any additional information be req]aired, please do not hesitate to contact our office. S~Robert,l~. Herrmann ' Coastal Management Specialist ffKlls Enc. ELIZABETH A. NEVILLE TOtFN CLERK REGISTRAR OF VITAL STATISTICS · MARRIAGE OFFICER RECORDS.MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER TO WN HALL, 53095 MAIN ROAD P.O. BOX l I 79 SOUTHOLD NY 11971 FAX: 63~1-765-.6145 TELEPHONE: 631-765-1800 southoldtown, northfork, net OFFICE OF THE TOWN CLERK ~ TOWN OF SOUTHOLD ~ APPLICATION FOR PUBLIC ACCESS TO RECORDS INSTRUCTIONS: Please complete section I of this form and give to Town Clerk's' Office (agency Freedom of Information Officer). One copy will be returned to you in response to your request, or as an interim response. ************************************************************************ SECTION I. (Department or Officer, if known, that has the information you are requesting). RECORD YOU WISH TO INSPECT: (Describe the record sought. If possible, supply date, file title, tax map number, and any othvr pertinent infarmation). Mailing Ad*ess (if diffc;ent fro* above) [ ] APPROVED [ . ] APPROVED WITH DELAY* Elizabeth"~.. Neville ' Freedom of Inf6rmation Off. er Accepting Clerk's Initials *If delayed or denied, see reverse side for explanation. RECEIVED [ ] DENIED* Yes ~-/ No Applicant's initials~_~] REVISIONS: ............... ' ....... APPROVED BY ~,FmC TANK ~N~ POOLq ~; ~ ~ " .......... *'" .................. '"" (PATIO AT GRADE) ................. ~ ........................ TEST HOLE DATA ,.. ......... ,.,,. ~' BOX 1000, SOUTHOLD, NY llTql (&al)765-3677 DEC n e 2007 Southhold Town Board of Trustees / / ,,~,-o I / ~ \\l WOOD FRAME F "g~ S 54'43'00"W ~ LOT 90 LOT 92 '~ TE~INIS BLEND DRIVEWAY COURT 484.79' FM# ~ 56 DATE FILED AUGUST 16, 1922 TM# 1000-718-06-007 GUARANTEED TO: MICHAEL GAMBARDELLA LINDA GAMBARDELLA COMMONWEALTH LAND TITLE INS CO. SURVDr' OF LOT 91 AMENDED MAP "A" OF NASSAU POINT OWNED BY NASSAU POINT CLUB PROPERTIES, SITUATE CUTCHOGUE, TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. SURVEYED FOR: MICHAEL GAMBARDELLA LINDA GAMBARDELLA INC. SURVEYED: 12 MARCH 2007 SCALE ?"= 40' AREA - 43,658 S.F OR 1.002 ACRES ,NOV I 5 2007 SURVEYED BY STANLEY d. ISAKSEN, JR. P.O. BOX 294 NEw sug-oLx~ N.Y. 651 -7.5¢'-58u5 .--~ ' x~YS l ic. ~. 4~9~/ 07~567 '~ATER 51DE OF BULKHEAD IS IN FLOOD ZONE AE EL. B APPAREN THIS DATE EQUA BOUNDARY AS DETERMINED EN-C(pNSULATANTS, Ii' Z 4~ RADIUS OF PROPOSED SE.PTK~ ~' PER SCHDS - REQUIREMENTS: I), SE~ER LINE TO HAVE CLEAN-OUT OR MANHOLE EVERY 50'. 2). LONG S~EEP ELBO~/S SHALL BE USED AND BENDS SHALL NOT EXCEED 45 DEGREES A~ MEASURE ALONG THE AXIS OF THE 5q'ARTING PIPE. FOR BENDS FURTHER THAN 10 FEET FROM THE HOUSE FOUNDATION AN APPROVED MANHOLE COVER OR CLEAN-OUT SHALL BE INSTALLED. BULKHEAD IN FLOODZONE X , TEMPORARY HAY BALES & SILT FENCING TO BE ,- =~' ,, , ' INSTALLED AND MAINTAINED !R,F BUFFER i , El )/DURING CO STRUCTION~ ~L N 54D43'0'' E 484.79' ' II PROPOSED 4h FENCE PROPOSED 4h FENCE ,,!,I, ' HIGH '.,~AT E R LI 4E 1,2 )FLO~DZONESI~E O~: BULKHEADx ~'"'"'"'"'"' E'" '"; /x~ i ,j '" STEPS TO BE TO REMAIN . U_LI~H~EA~ PROPOSED 2 STY. FRM. ADDITION (PROPOSED 2 BEDROOMS) ?7' EXISTING 2 STORY FRM. HSE EXlYlINGTo REBI :WALK (EX. 3 BEDROOM) ,' ) EXISTING ~ El(TO EXISTIk HOUSE} 75.8' : BUFFER 3), SEWAGE LINE JOINTS SHALL BE AT LEAST 10 FEET FROM THE POINT OF CROSSING. 4). SE~ER LINES SHALL BE CONETRUCTED OF MATERIALS AND JOINTS THAT ARE EQUIVAL~C,b¢I' TO WATER MAIN STANDARDS OF CONSTRUCTIO R THE ENTIRE LENGTH OF THE SE'CJER LINE AND SHALL BE PR URE TESTED TO ASSURE ~ATERTIGHTNESS PRIOR TO BACK?L G, ~:Ng FROM SEPTIC TANK TO GARAGE. DRY'~ELLS REQUIRED: PROPOSED 4'h FENCE EX. HOUSE: 1658 SO. FT. EX. GARAGE: 601 SQ. FT. PROPOSED ADDITION: 1257 SQ. FT. TOTAL; 3517 SQ. FT. I~100% WATER RUNOFF: 587.2 CU. FT. 2 ~TORY /..- EXISTING STONE BLEND PROPOSED 4'h FENCE PROVIDE (MIN.) (4) B' DIA. X 4' DEEP DRY,JELLS FOR BUILDINGS (13.7% MORE THAN REQUIRED) AND (1) B~ DIA. X 4' DEEP DRY,JELL FOR POOL BACK ~UASH DRY~(/ELL: REMOVE SITE PLAN SCALE: 1" = 30'-0' " EX. TENNIS COURT '[ EXPANSION POOL _ j / / ~% / BOARD Of II(Ua/buD PROPERS: 43658 ~Q, FT. (FROM BULl( HEAD): 41687.7 SQ. EX, HOUSE: 1579 SQ. FT. NEIGHBOR HAS SC'C/A / EX. GARAGE: 630 SQ. FT. ~~j~ NE%'~ TENNIS CT (ADJUSTED): 4576 SQ. FT. PROPOSED ADDITION: 1259 SQ. FT. PROPOSED POOL: 576 SQ. FT. PROPOSED HOT TUB: 64 SQ, FT. EX. LOT COVERAGE: 20.9% (FROM BULK HEAD) 19,9% (ENTIRE PROPERTY) PROPOSED ~REEZEg{/AY: 79 SQ. FT, (EX. TENNIS CT.: 4B94 SQ. FT.): 318 SO, FT. ADDITIONAL LOT COVERAGE: 0.1% TOTAL LOT COVERAGE: 21.9% (FROM BULK HEAD) 20,~% (ENTIRE PROPERTY) ~Z~ Z