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Home My WebLink AboutTR-6911PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (63 I) 765-4330 Fax: (631 ) 765-4643 October 7, 2009 Board of Trustees Town of Southold Main Road PO Box 1179 Southold NY 11971 RE: IAVARONE 405 WOOD LANE, PEGONIC $CTM: 1000-86-6-4 Dear President King & Members of the Board: With reference to the above, enclosed please find a certified copy of the recorded C & R's. Thank you. bp encls. By B~LA COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original DECLARATION recorded in myoffice on'1010612009 under Liber D000`12602 and Page '175 and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this 1010612009 SUFFOLK COUNTY CLERK JUDITH A. PASCALE SEAL Number of pages TORRENS Serial # Certificate # Prior Ctf. # Deed. Mortgage Instrument Page / Filing Fee Handling [7 Deed / Mortgage Tax Stamp FEES TP-584 Notation EA-5217 (County) Sub Total EA-5217 (State) R.P. TS.A. Comm. of Ed. Affidavit Reg. Copy Other 5. 00 Sub Total Grand Total I 4 I Db Real ~ Propert Tax Sel Agenc) Veri ficat,un I 1000 08600 0600 004000 Satisfaction/Discharges/Release List Property Owners Mailing Address RECORD & RETURN TO: PATRICIA C. MOORE ESQ. 51020 MAIN ROAD SOUTHOLD NY 11971 F'EcO,?OB) 2009 Oc~. 136 ii:04~26 ~.~ Judith 9. Pascale il:LER}( OF SUFFOLF COU~ r'.,~ L [:'00012602 P ~75 Recording / Filing Stamps 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 motgage 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 8 Co! Title Company Information Name Title # Suffolk County Recording & Endorsement Page This page forms part of the attached JOSEPH IAVARONE AND JUNE IAVARONE TO TOWN OF SOUTHOLD DECLARATION OF COVENANTS AND RESTRICTIO made by: (SPECIFY TYPE OF INSTRUMENT) The premisis herein is situated in SUFFOLK COUNTY, NEW YORK. In the Township of SOUTHOLD In the VILLAGE or HAMLET of PECONIC BOXES 6 THROUGH 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) Dear Taxpayer, Your satisfaction of mortgage has been filed in my office and I am enclosing the original copy for your records. If a portion of your monthly mortgage payment included your property taxes, you will now need to contact your local Town Tax Receiver so that you may be billed directly for all future property tax bills. Local property taxes are payable twice a year: on or before January 10th and on or before May 31st. Failure to make payments in a timely fashion could result in a penalty. Please contact your local Town Tax Receiver with any questions regarding property tax payment. Babylon Town Receiver of Taxes 200 East Sunrise Highway North Lindenhurst, NY 11757 (631) 957-3004 Riverhead Town Receiver of Taxes 200 Howell Avenue Riverhead, NY 11901 (631) 727-3200 Brookhaven Town Receiver of Taxes 250 East Main Street Port Jefferson, NY 11777 (631 ) 473-0236 Shelter Island Town Receiver of Taxes Shelter Island Town Hall Shelter Island, NY 11964 (631) 749-3338 East Hampton Town Receiver of Taxes 300 Pantigo Place East Hampton, NY 11937 (631) 324-2770 Smithtown Town Receiver of Taxes 99 West Main Street Smithtown, NY 11787 (631) 360-7610 Huntington Town Receiver of Taxes 100 Main Street Huntington, NY 11743 (631) 351-3217 Southampton Town Receiver of Taxes 116 Hampton Road Southampton, NY 11968 (631) 283-6514 Islip Town Receiver of Taxes 40 Nassau Avenue Islip, NY 11751 (631) 224-5580 Southold Town Receiver of Taxes 53095 Main Road Southold, NY 11971 (631) 765-1803 Sincerely, Edward E Ramaine Suffolk County Clerk SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION Number of Pages: 4 Receipt Number : 09-0115192 District: 1000 Recorded: At: 1010612009 11:04:26 ~ Page/Filing COE TP-584 Cert. Copies Received the Following Fees For Above instrument Exempt Exempt $20.00 NO Handling $20.00 NO $5.00 NO NYS SRCHG $15.00 NO $0.00 NO Notation $0.00 NO $5.00 NO RPT $30.00 NO Fees Paid $95.00 TEIS PAGE IS A PART OF THE INSTRUmeNT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County LIBER: D00012602 PAGE: 175 Section: Block: Lot: 086.00 06.00 004.000 EXAMINED AND CHARGED AS FOLLOWS DECLARATION OF C/.OVENANTS AND RESTRICTIONS DECLARATION made thi~._ day of September, 2009, by JOSEPH IAVARONE and JUNE IAVARONE now residing at 150 Foxhunt Crescent, Oyster Bay Cove, New York 11791 owner, hereinafter referred to as the "Declarant". WITNESSETH: WHEREAS, the Declarant has title to certain land situate, lying and being at 405 Wood Lane, Peconic, Town of Southold, Suffolk County, New York, SCTM 1000-86-6-4 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 of 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 to demolish the existing dwelling, construct new dwelling 75 feet from the bulkhead and install a new sanitary system more than 100 feet from the bulkhead and as depicted on the survey prepared by Haynes Land Surveyors, last dated October 22, 2007 WHEREAS, the Town of Southold Board of Trustees, as conditions for the issuance of such Wetland Permit, required certain covenants and restrictions be placed on the property as shown on the aforesaid plans. NOW, THEREFORE, this 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 run 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 of a Wetland Permit to demolish the existing dwelling, construct new dwelling 75 feet from the bulkhead and install a new sanitary system more than 100 feet from the bulkhead, with the condition drywells and gutters are installed in accordance with Chapter 236, Stormwater Management, of the Town Code, the driveway is pervious, a line of staked hay bales is installed and left in place throughout construction activities, and a 20 foot non-turf buffer is installed along the landward side of the bulkhead as depicted on the survey prepared by Haynes Land Surveyors, last dated October 22, 2007; within perpetuity. 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 such 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. IN WITNESS WHEREOF, the Declarant has duly executed this Declaration the day and year first above written. Jo~,,ph I(~arone Ju~lb lavarone STATE OF NEW YORK ) COUNTY OF~:~',.L~(-'oU~-~ ) On thi~c:~-day of~o+· , in the year 2009, before me personally appeared JOSEPH IAVARONE and JUNE IAVARONE, known to me or proved to me on the basis of satisfactory evidence to be the individuals whose name is subscribed to the within instrument and acknowledged to me that they executed the same in their capacity and that by their signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. /;/ Nota~l~ic ( Peconic Abstract, Inc. Schedule A Description ALL that certain plot, piece or parcel of land, situate, lying and being at Indian Neck near Peconic, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at an iron bar set at the southwesterly corner of the premises about to be conveyed; and RUNNING THENCE North 3 degrees 48 minutes 30 seconds East, a distance of 318 feet through and iron bar; and THENCE continuing along the same course to high water mark of Richmonds Creek; and again starting at the point of beginning; and running THENCE North 78 degrees 48 degrees 30 seconds East, a distance of 103.53 feet to a cement monument set in the westerly boundary line of land of Mary L. Wiles; THENCE North 3 degrees 48 minutes 30 seconds East, a distance of 300 feet, more or less, through an iron bar and a cedar post to high water mark of Richmonds Creek; THENCE westerly along the high water mark of Richmonds Creek to the northerly end of the course first above set forth. James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OFTOWNTRUSTEES TOWN OFSOUTHOLD CERTIFICATE OF COMPLIANCE # 0470C Date September 25~ 2009 THIS CERTIFIES that the demolition of the existing dwelling, construction of a new dwelling 75' from the bulkhead, new sanitary system more than 100' from the bulkhead, installation of gutters and drywells, pervious driveway, and 20' non-turf vegetated buffer At 405 Woods Lane, Peconic Suffolk County Tax Map 86-6-4 Conforms to the application for a Trustees Permit heretofore filed in this office dated 5/20/08 pursuant to which Trustees Wetland Permit #6911 dated 6/18/08 was issued and conforms to all of the requirements and conditions of the applicable provisions of law. The project for which this certificate is being issued is for the demolition of the existing dwelling, construction ora new dwelling 75' from the bulkhead, new sanitary system more than 100' from the bulkhead, installation of gutters and drywells, pervious driveway~ and 20' non-turf vegetated buffer. The certificate is issued to JOSEPH & JUNE IAVARONE owners of the aforesaid property. Authorized Signature James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall. 53095 Main Rd. P.O. Box I 179 Southold, NY 11971 Telephone (63 I} 765-1892 Fax (631} 765-6641 BOARD OFTOWNTRUSTEES TOWN OFSOUTHOLD / DATE OF INSPECTION: V/ Ch. 275 Ch. 111 INSPECTION SCHEDULE Pre-construction, hay bale line/silt boom/silt curtain 1 s~ 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 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 YO0 ARE REQOIRED TO CONTACT THE OFFICE OF THE BOARD OF TROSTEES 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 ¼ constructed ~'/ Project complete, compliance inspection. BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 6911 DATE: JUNE 18~ 2008 ISSUED TO: JOSPEH & JUNE IAVARONE PROPERTY ADDRESS: 405 WOODS LANE~ PECONIC SCTM#86~6-4 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 June 18. 2008 in consideration of application fee in the sum of $250.00 paid by Joseph & June Iavorone 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 demolish the existing dwelling, construct new dwelling 75' the bulkhead and install a new sanitary system more than 100' from the bulkhead, with the condition drywells and gutters are installed in accordance with Chapter 236, Stormwater Management, of the Town Code, the driveway is pervious, a line of staked hay bales is installed and left in place throughout construction activities, and a 20' non- turf buffer is installed along the landward side of the bulkhead, and as depicted on the survey prepared by Haynes Land Surveyors last dated October 22, 2007. 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. 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 June 18,2008 Patricia C. Moore, Esq. 51020 Main Rd. Southold, NY 11971 RE: JOSEPH & JUNE IAVARONE 405 WOODS LANE, PECONIC SCTM#86-6-4 Dear Ms. Moore: The Board of Town Trustees took the following action during its regular meeting held on Wed., June 18, 2008 regarding the above matter: WHEREAS, Patricia C. Moore, Esq. on behalf of JOSEPH & JUNE IAVARONE 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 May 20, 2008, 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 LWRP Coordinator recommended that the proposed application be found Inconsistent with the LWRP, and, WHEREAS, the Board of Trustees has furthered Policy 6 of the Local Waterfront Revitalization Program to the greatest extent practical through the imposition of the following Best Management Practice requirements: the proposed dwelling will be setback 75' from the bulkhead and with the addition of gutters and drywells to contain roof run-off, the driveway will be constructed utilizing pervious materials, a line of staked hay bales will be placed down and left in place throughout all construction activities, and the requirement of a 20' non-turf buffer along the landward side of the bulkhead, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on June 18, 2008, 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, and, 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 requirements imposed above, the Board of Trustees deems the action to be Consistent with the Local Waterfront Revitalization Program pursuant to Chapter 268-5 of the Southold Town Code, and, RESOLVED, that the Board of Trustees approve the application of JOSEPH & JUNE IAVARONE to demolish the existing dwelling, construct new dwelling 75' from the bulkhead and install a new sanitary system more than 100' from the bulkhead, with the condition drywells and gutters are installed in accordance with Chapter 236, Stormwater Management, of the Town Code, the driveway is pervious, a line of staked hay bales is installed and left in place throughout construction activities, and a 20' non-turf buffer is installed along the landward side of the bulkhead, and as depicted on the survey prepared by Haynes Land Surveyors last dated October 22, 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: None Very truly yours, Jame F.~King, PreC~sid '~t Board of Trustees Diane and William Douglas 445 Wood Lane Peconic, New York 11958 Southold Town Board of Trustees P.O.Box 1179 Southold, New York 11971 Re: Trustees Hearing on June 18t~, 2008, and site visit - Iavarone Property 405 Wood Lane, Peconic sctm: 1000 86-6-4 June 9, 2008 JUN ll 2008,i~-. ''~ Sout~el~ lo~un Board el Trustees Dear Trustees, We are writing to share our concerns regarding the proposed construction on the Iavarone property, scheduled for a Trustees hearing on June 18, 2008 and Trustees visit on June 10, 2008. We hope you will consider these issues in making your determinations: 1. Protection of established character of the adjoining properties and neighborhood: The proposed house is at least 5,000 square feet - maybe more. It is substantially larger and probably higher than any of the homes on Richmond Creek and would clearly be out of character with other houses on the Creek. 2. Development of Richmond Creek: Richmond Creek has been designated a "critical environmental area". Many of the existing homes are cottages, which were built in the 1930s on lots similar to the size of the Iavarones'. We believe that allowing the construction of this very large house sets a precedent and sadly paves the way for extensive destruction of this very beautiful forested, pristine environment. Will everyone on the creek have the right to tear down and rebuild mansions? 3. Runoff and contamination to creek and our property: We are concerned with contamination of our well water and runoff from a very large roof and house. We have owned property on the North Fork for the past seventeen years and have enjoyed a cordial relationship with the Iavarones for the past seven. These matters are difficult to address. We hope the Trustees will balance the right oftbe Ivarones to develop their property with our rights, (and the community's) to enjoy our property without inappropriate change to its character. We respectfully request that this project be scaled down to a more appropriate size. Thank you for your thoughtful consideration. Sincerely, Diane and William Douglas James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. P.O. Box 1179 Southold, NY 11971 Telephone (63 I) 765-1892 Fax (631) 765-6641 Southold Town Board of Trustees Field Inspection/Worksession Report Date/Time: JOSEPH & JUNE IAVARONE to demolish the existing dwelling, construct new dwelling 75' from the bulkhead and install a new sanitary system more than 100' from the bulkhead. Located: 405 Woods Lane, Peconic. SCTM#86-6-4 TY~sal~wf area to be impacted: ater Wetland Freshwater Wetland Sound Bay Dista/nce of proposed work to edge of wetland P~d of Town Code proposed work falls under: ',./ Chapt.275 Chapt. ~11 other ~yyj~of Application:''jr Wetla-~d Coastal Erosion Amendment ~.~Administrative__E~-~rgency --Pre-Submission -- Violation Info needed: Conditions: ~'~ D. Dzenkowski --'l~l~rkTerry~nt(~tt~er Form filled out in the field by Bergen__ B.Ghosio, Mailed/Faxed to: Date: Environmental Technician Review- 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., June 11, 2008, the following recommendation was made: Moved by Glen McNab, seconded by Don Wilder, it was RESOLVED to SUPPORT the Wetland Permit application of JOSEPH & JUNE IAVARONE to demolish the existing dwelling, construct new dwelling 75' from the bulkhead and install a new sanitary system more than 100' from the bulkhead. Located: 405 Woods Lane, Peconic. SCTM#86-6-4 Inspected by: Glen McNab The CAC Supports the application with the following Conditions: · A 20' non-turf buffer; · Drywells & gutters are installed to contain roof run-off; · The old cesspool is abandoned; · The driveway is relocated to the left side of the property in order to avoid removal of trees, and the driveway is pervious; · The removal of trees above 8" DBH is limited. Vote of Council: Ayes: All Motion Carried ELIZABETH A, NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER R]~CORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Mair Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 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. TO: (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 other pertinent information.) Signature of Applicant: Printed Name: Mailing Address (if different from above): [ ] APPROVED [ ] APPROVED WITH DELAY* I ] DENIED~ Elizabeth A. Neville Freedom of Information Officer Date * If delayed or denied see reverse side for explanation. SECTION II. (For use by Freedom of Information Officer only.) Your request has been DENIED or the reason(s) check below: [ l [ l [ ! [ ] [ l [ l [ I Confidential Disclosure Part of Investigatory Files Unwarranted Invasion of Privacy Record of which this agency is legal custodian, but cannot be found Record is not Maintained by this Agency Exempted by Statute other than the Freedom of Information Act Other (specify): · Your request is ACKNOWLEDGED. There Will be a delay in supplying the requested record until Reason for delay: SECTION III. RIGHT TO APPEAL YQU HAVE A RIGHT TO APPEAL A OENIAL WITHIN Z0!DAYS OF THE DENIAL. iCONTACT below). THE TOWN BOARD MUST RESPOND TO YOU BUSINESS DAYS OF RECEIPT OF YOUR APPEAL. OF THIS APPLICATION IN WRITING THE SOUTHOLD TOWN BOARD (see IN WRITING WITHIN TEN Southold Town Board Southold Town Hall 53095 Main Road Southold, New York 11971 Telephone: (516) 76s-1800 OFFICE LOCATION: Town Hail 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 76§-3136 From: Scott Hilary, LWRP Coordinator Date: June 16, 2008 Re: Chapter 268: Waterfront Consistency Review Wetland Permit for JOSEPH & JUNE IAVARONE SCTM#86-6-4 LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR Jim King, President TOWN OF SOUTHOLD ff.l ~~ Town of Southold Board of Trustees JOSEPH & JUNE IAVARONE request a Wetland Permit to demolish the existing dwelling, construct new dwelling 75' from the bulkhead and install a new sanitary system more than 100' from the bulkhead. Located: 405 Woods Lane, Peconic. SCTM#86-6-4 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 submitted to this department, as well as the records available to me, it is my recommendation that the setback from the proposed residence is 70' from the bulkhead as measured on the survey and therefore the proposed action may require a variance from the Zoning Board of Appeals pursuant ~ 280-116. § 280-116. Building setback requirements adjacent to water bodies and wetlands. B. All buildings or structures 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 ?5feet from the bulkhead. NOTE: The Zoning Board of Appeals is the designated agency for the determination of consistency for variance applications pursuant § 268-5 Review of actions. § 268-5. Review of actions. F. Upon recommendation of L WRP Coordinator, the designated agency shall consider whether the proposed action is consistent with the L WRP policy standards summarized in 3~ 268-1 herein. Prior to making its determination of consistency, the designated agency shall consider the consistency recommendation of the L WRP Coordinator. The agency shall render a written determination of consistency based on the CAF, the £ WRP Coordinator recommendation and such other information as is deemed necessary to its determination. No approval or decision shall be rendered for an action in the coastal area without a determination of consistency. The designated agency will make the final determination of consistency. The Zoning Board of Appeals is the designated agenc~ for the determination of consistency for variance applications sub]ect to this chapter. The Zoning Board of .4ppeals shall consider the written consistency recommendation of the L WRP Coordinator in the event and at the time it makes a decision to grant such a variance and shall impose appropriate conditions on the variance to make the activi~ consistent with the obiectives o£ this chapter. CC: Gerard Goehringer, Chair Zoning Board of Appeals Mike Verity, Principal Building Inspector Mark Terry, Principal Planner/LWRP Coordinator Office Use Only __Coastal Erosion Permit Application ~s_Wetland Permit Application Administrative Permit Amendment/Transfer/Extension .R'~c e~vvexi Application: ~eccived Fee:$~ OYfi~pleted Application __Incomplete __SEQRA Classification: Type I Type 11 Unlisted__ Coordination:(date sentL _ --'~AC Referral Sent: ~ ~9'~'e of Inspection: __Receipt of CAC Report: __Lead Agency Determination: Technical Review: ~'P~lic Hearing Held: ~_tg_// __Resolution: M^Y 2 C 2008 Address Phone Number:( ) ~'l ~, - G2--~ - tDG7 ~' Suffolk County Tax Map Number: Property Location: ~ C)~"' ~.'"-f I Iq S-$ (provide LILCO Pole #, distance to cross streets, and location) AGENT: '~6cJ!rlrt~la ~_ ~ OE)~C- (If applicable) Address: ~t O~ ~ ~d, ~ 11911 Phone: rd of Trustees Applicati~ Land Area (in square feet): Area Zoning: ~- W o Previous use of property: Intended use of property: GENERAL DATA t 00,,.3 4~ Covenants and Restrictions: If "Yes", please provide copy. Yes N No Prior permits/approvals for site improvements: Agency Date __ No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspend,ed by a governmental agency? 'X No Yes If yes, provide explanation: Project Description (use attaclunents if necessary): 1 Ltd of Trustees Applicati~ WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose ofthe proposed operations: ~X~,~k.x.3 (E~ %~_~,4~ ) , Area of wetlands on lot:~0~~square feet Percent coverage of lot: I % Closest distance between nearest existing structure and qpland edge of wetlands: '7J" feet Closest distance between nearest proposed structure and upland edge of wetlands: 7,5" feet Does the project involve excavation or filling? If yes, how much material will be excavated? (~'~ ~ cubic yards How much matehal will be filled? ~x ~D D~ ofwhch matehal will be removed or deposited: Proposed slope t~oughout ~e ~ea of operations: M~er in w~ch material Mll be removed or d~osited: / Statement of~e effect, iffy, on the wetl~ds ~d tid~ waters of the town that may result by reason of such proposed operations (use attac~ents if approphate): PROJECT ID NUMBER PART 1 - PROJECT INFORMATION 1, APPLICANT / SPONSOR SEQR 3.PROJECT LOCATION: 617.20 APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only ( To be completed by Applicant or Project Sponsor) 2. PROJECT NAME . 4. PRECISE LOCATION: Street Addess and Road Intersections. Prominent landmarks otc - or provide map §~ 18 PROPOSED AOTION: ~ New ~ Expansion ~ Modification / aReration 6. DESCRIBE PROJECT BRIEFLY: 7. AMOUNT OF~.~ND AFFECTED: 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? J~JYes 'J~ No If no, describebdeily: 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) [~Residential j~llndustdal r-'Jcommercial j--'lAgriculture j~JPark/Forest/OpenSpace J--]Other(describe) 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, State or Local) J~JYes r~J No if yes, list agency name and permit / approval: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? r~JYes j~JNo If yes, list agency name and permit / approval: _T 12. AS A ~ULT OF PROPOSED ACTION WILL ~ISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE App,,ca.,, Spon Signature ,,' ' If the action Is a Costal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment PART II - IMPACT ASSESSMENT (To be completed by Lead Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.47 If yes, coordinate the review process and use the FULL EAF. E~] Yes r-]No B. WILLACTIONRECEIVECOORDINATED REVIEWASPROVIDEDFORUNLISTEDACTIONSIN6NYCRR, PART617.67 IfNo, a nega6ve declaration may be supemeded by another involved agency. C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, soled waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: C2. Aesthetic, agricultural, archae010gicai, historic, or other naturai or culi~al resources; Or community or neighborhood character? Explain bdefiy: C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain bdefly: C4. A communi~y*s existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly: C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: I C6. Long term, short term, cumulative, or other effects eot identified in C'i-CS? ~xptain briefly: I C7. ~ther im~act~ Iineludin~ ehanoes in us? of ~tihsr ~]uantit,/or t¥~e of onor[l¥? Ex¢lain briefly: D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA ICEAI? (If },es, explain bdefl~/: E~]TM E~N°I ........ E. IS THERE, OR IS THERE LIKELY TO BEl CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? If ~'es explain: F-Ives I--INaI PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: F~reachadversee~ectidenti~edab~ve~determinewhetheritissubstantia~~~arge~important~r~therwisesignificant~ Each effect should be assessed in connection with its (a} setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts hove been identified and adequately addressed. If question d of part ii was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. Check this box if you have identified one or mere potentially large or significant adverse impacts which MAY occur. Then proceed directJy to the FULL EAF and/or prepare a positive declaration. Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed actior WILL NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the masons supporting thi.. determination. Name of Lead Agency Date Title of Responsible Officer Print or Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency Signature of Preparer (If different from responsible officer) BOARD OF TRUSTEES TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of JOSEPH &JUNEIAVARONE AFFIDAVIT OF SIGN POSTING Regarding Posting of Sign Upon Applicant's Land Identified as 1000-86-6-4 COUNTY STATE OF I, PATRIClA C. MOORE, residing at 370 Terry Lane, Southold, New York being duly sworn, depose and say that: On theL'~ day of June, 2008, I personally posted the property known as 405 Wood Lane, Peconic, New York, by placing the board of Trustees official Poster where it can easily be seen, and that I have checked to be sure the post has remained in place for eight (8) days prior to the date of the public hearing. Date of Hearing to be held on Wednesday, June 18, 2008 on or about 8:00 p.m. Sworn to before me this ~/o~a- day of June, 2008. PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax:: (631) 765-4643 June 3, 2008 Board of Trustees Town of Southold P.O. Box 1179 Southold, NY 11971 RE: JOSEPH & JUNE IAVARONE PREMISES: 405 WOOD LANE, PECONIC SCTM # 1000-86-6-4 HEARING DATE; WED. JUNE 18, 2008 Dear President & board members: With reference to the above, enclosed please find affidavit of mailing, copy of letter to neighbors and postal receipts. PCM/bp encls. Thank you. V, er~uly yo~s~, Pat ricla C BOARD OF TRUSTEES TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of JOSEPH & JUNE IAVARONE Applicant's Land Identified as 1000-86-6-4 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF MAILING I, Betsy Perkins, residing at Mattituck, New York, being duly sworn, depose and say that: On the~~'~ day of June, 2008, I personally mailed at the United States Post Office in Sout'rfold, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to the neighbors on the attached list. Attached hereto is the white receipt post-marked by the Southold Post Office on said date. e> Sworn to before me this da~~ pATRICIA C. MOORE NotarY Public, State of New York Suffolk County - No. 4,861668 CommisSiOn Expires June 16, PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. IAVARONE NEIGHBOR LIST SCTM: 1000-86-6-4 WM. DOUGLAS 56 E. 87TM STREET NEW YORK NY 10128 SCTM: 1000-86-6-5 ASPASIA LENTZERES LIVING TRUST 55 RIVER HEIGHTS DRIVE SMITHTOWN NY 11787 SCTM: 1000-86-6-29 EDMUND BAUMANN RR3 325 WOOD LANE PECONIC NY 11958 SCTM; 1000-86-6-3.2 ASPASIA LENTZERES LIVING TRUST 43 BROOKFIELD DRIVE NORTHPORT NY 1178-1408 RECEIPT FROM: RECEIPT FROM: SEND TO: E6 E. 8TTH STREET NEWYORK NY 10128 FEES: SEND TO: EDMUND IBALIMA31N RR3 325 WOOD LAN PECON/C NY 11958 E FEES: 042 'roT^L ...... '43- RECEipT 7192 6463 3110 ~0o 1215 FROM: SEND TO: FEES: 042 CeftiSed F~e 2.70 RECEIPT 7192 6463 3110 0(~0 1239 FROM: SEND TO: TO~i~ .. $ 5.32 PATRICIA C. MOORE A~torney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 June 3, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED RE: JOSEPH & JUNE IAVARONE PROPERTY ADDRESS: 405 WOOD LANE, SCTM: 1000-86-6-4 PECONIC Dear Neighbor: I represent the above with regard to property located on 405 Wood Lane, Peconic, New York. They have submitted an application to the Southold Town Board of Trustees to demolish the existing dwelling, construct new dwelling 75 feet from the bulkhead and install a new sanitary system more than 100 feet from the bulkhead. A copy of the Hearing Notice is enclosed together with a copy of a portion of the site plan. The hearing on this matter has been scheduled for WEDNESDAY, JUNE 18, 2008 on or about 6:00 p.m. at Southold Town Hall. If you have any questions, or you wish to support this application, please do not hesitate to contact me. Thank you. PCM/bp enclS. ¢: Mr.& Mrs. Josephlavarone Joseph Fische~i, PE NOTICE OF HEARING NOTICE IS HEREBY GIVEN that a public hearing will be hel.d by the SOUTHOLD BOARD OF TRUSTEES at the Town Hall, 53095 Ma~n Road, Southold, New York, concerning this property. OWNER(S) OF RECORD: SUBJECT OF RUBLLC HEARING~ _~~:~.~.~...e.~'~.~._ TIME & DATE OF PUBLIC HEARING.~. If you have an interest in this project, you are invited to view the Town file(s) which are available for inspectionpnor to the day of the hearing during normal business da s between the hours of 8 a.m and 4 .m. BOARD OF TRUSTEES * TOWN OF SOUTHOLD * (631) 765-1892 P,,I C, I-I IVI U N I..~ b TO BE ~EMOLI~HED ' ~ 12 4 14 6 GRA~ NOTE:- HIGH WATER f ~ UNEATI~ULKHEAD O PATIO __ ?LOOP O~-,o.,, r--~=--: FEAME GAP, AGE I~" ~TOP-.Y 1 FRAMF II DWI~LLING 2 PI~OPO~ED 1~..1~61 DE N CE P.FLEL= 16.§0 h G R A .EI-~ I --NAT, / I L.?.\ /'% C~.,p~ ,, / cov~R~. 0.65~ ACRE~ .~ / .o..,..,o I PROVIDE I 0~ NON-TUR~ BUP'P-ER ALONG BULE-J~EA FOUND FLOOD ZONE .N-UNI~+_ D/VISION LINE .---TO BE D~MOLIS~D CONNF( C) O~.~-~: Board of Trustees Application 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,q-IER 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 OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING 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 REVIEW OF THIS APPLICATION. SWORN TO BEFORE ME THIS MARGARET C. RUTKOWSIG Notary Public, State of New York No. 4982528 Qualified in Suffolk Count~ Commission Expire~ June 8, fi,~,~,// To: Southold Town Zoning Board Southold Town Building Department Suffolk County Health Department Any and All State, County, Local agencies, as necessary Re: Premises at SCTM#3.000-86-6-4 The undersigned hereby authorizes my attomey, Patricia C. Moore, and her agents to submit any and all applications which may be required in order to obtain a building permit to construct the proposed, n ooo residence on the above referenced parcel. Jo~fA/. Ivarone APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics nrohibits conflicts of interast on the hart of town Officers and emnlovees. The nuroose of this form is to nrovide infofination which can alert the town of ~ossible conflie~ of interest and allow it to take whatever action is ancessarv to avoid same. (Last name, first name,widdle initial, unless you are applying in the name of someone else or other entity, such as a company. If so. indicate the other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Variance Trustee ,)~ Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (lf"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% oftbe shams. YES NO )(5 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 the relationship between yourseff(the applicant/agent/representative) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space prox~ided. The town officer or employee or his or her spouse, sibling, parent, or Child is (check all that apply): A) th~ owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); __B) the legal or ~eneficial ownqr of any interest in a non-corporate entity (when the applicant is not a corporation); __C) an officer, director, parme~', or employee of the applicant; or __D) the actual applicant. DESCRIPTION OF RELATIONSHIP Form TS 1 Submitted thick'day of ~.~.t 200 ~ Signature ~,t'~"/ ~ ( ~ _'-Z~-x~x-n4:r''''~ Print Nart~'~ ~ ~ ~ ~ ~ PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 May 20,2008 Board of Trustees Town of Southold Main Road PO Box 1179 Southold NY 11971 RE: IAVARONE 405 WOOD LANE, PECONIC SCTM: 1000-88-6-4 MAY 2 0 20O8 Dear President King & Members of the Board: We received a permit to make renovations and additions to existing residence which is approximately 30 feet from the bulkhead and required a variance from the zoning board. The new sanitary system was 100 feet from the bulkhead and was outside your jurisdiction Prior to the zoning board hearing, the owner had decided to demolish the existing house and reconstruct a new house 75 feet from the bulkhead to avoid the need for variances. The new sanitary system was moved further landward and is now approximately 200 feet from the bulkhead. The Health department is ready to approve the new sanitary which is out of your jurisdiction. However, they require a letter of non-jurisdiction from you. This could be issued prior to the wetland permit application for the demolition. Enclosed is a new application to demolish the existing house and construct a new house at 75 feet from the bulkhead. I am also enclosing my check in the amount of $250.00 representing the filing fee. Thank you and Please do not hesitate to call should yo have any questions. ~icia C. Moore PCM/bp encls. DUR, VEY NO. TAX LOT 3 I 51MON FAMILY HOUSE CONNECTED TO PUBLIC WATER IDIST: I000 I~ICI-IMOND 4 NOTE:- HIGH WATER LINE AT BULKHEAD ~XLE roUND filed TO DE DEMOLIDHED TAX LOT G LANG FAMILY HOUBE CONNECTED TO PUBLIC WATER [ SECTION: e,G I BLOCr-,: G [TAX LOT: 4 APPROVED BY ~OARD OF TRUST;~ES 7G';v N OF SOUTHOI,9 NOTE:- ALL ROOF D~IN~ TO Dhff, CHAI~GE INTO DRYIA/ELL~ CALCULATION~:- U~E (7) O' DIA. x 2' DEEP [~RYt4,'ELL~, NEW HOME BUILT (200G) CONNECTED TO PUBLIC WATER NOTE: TOPOGRAPHIC 5UP-.VL=Y OF PP-.OPERTY PECONIC TOWN OF 5OUTHOLD SUFFOLK COUNTY, N.Y. JOSEPH FISCFI~- ~ ii, PE PROFESSIONAL ENGINEER 1725 HOBART RD / PO BOX 616 SOUTHOLD, NY 11971 631-765-2954 McDONALD GEO~CIENCE 14' HAYNES LAND SURVEYOR5 DUt~.VEY NO. 7G 1 I G