HomeMy WebLinkAbout6182
TORELL, ARTHUR 33-2-11 5610 GG
NEW HOUSE - REAR YARD SETBACK
365 WESTVVOOD LANE GREENPORT
APPEALS BOARD MEMBERS~
Gerard E Goehringer' Chairman
Ruth D. OIiva
James Dinizio, Jr.
Michael A. Simon
Leslie Kanes Weisman
Mailing Address:
Southold Town Hall
53095 Main Road · P.O. Box 1179
Southold, NY 11971-0959
Office Location:
Town Annex/First Floor, North Fork Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
http://southoldtown.northfork.net
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 · Fax (631) 765-9064
FINDINGS, DELIBERATIONS, AND DETERMINATION
MEETING OF AUGUST 7, 2008
ZBA # 6182 - ARTHUR R. TORELL, Applicant
PROPERTY LOCATION: 365 Westwood Lane, Greenport CTM 33-2-tl and 33-2-10
SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property
under consideration in this apphcation and determines that this review falls under
the Type II category of the State's List of Actions, without further steps under
SEQRA.
PROPERTY FACTS/DESCRIPTION: The applicant's lands are shown as Lots 68
and 67 on the Map of Eastern Shores, Section 2, filed on August 10, 1965 as Map No.
4426 in the Suffolk County Clerk's Office. The property is adjacent to Homestead
Acres, and has frontage along the westerly side of Westwood Lane of 106 feet for the
northerly lot and 119 feet for the southerly lot (ref. April 30, 2008 survey map
prepared by John T Metzger, licensed land surveyor).
BASIS OF APPLICATION: This application is based on the Building Inspector's
amended May 21, 2008 Notice of Disapproval, citing Zoning Code Sections 280-18
(Bulk Lot Area Schedule) and 280-124 (Setback Schedule) concerning:
(1) a proposed lot area with a new nonconformity of 19,028 square feet in size,
instead of 21,458 square feet, resulting in the remaining lot which will become more
conforming at 27,186 square feet instead of 24,756 square feet;
(2) a proposed single-family dwelling at less than 40 feet from the rear lot
line.
LWRP CODE CH. 268 DETERMINATION: A Letter from the Town LWRP
Coordinator submitted to the Board of Appeals on July 23, 2008 confirming
inconsistency under Chapter 268-3-F, Waterfront Consistency Review of the Town of
Southold Code and Local Waterfront Revitahzation Program (LWRP) standards.
The LWRP review notes that SCTM # 33-2-11 contains a portion of shrub swamp
freshwater wetland system (SO-9) listed by the New York State Department of
Environmental Conservation and the Town of Southold (regulated as a natural
Page 2 -August 7, 2008
ZBA # 6182 - Arthur R. Torell
CTM 33-2-11 and 10
feature under Town Code Chapters 275 and 280). Under LWRP Policy 6 (6.3), the
setback from the proposed residence to the freshwater wetland is noted as 35 feet
and to the driveway 39 feet, where the minimum setbacks of 100 feet apply to any
and all operations proposed on residential property within the jurisdiction of the
Board of Trustees.
The applicant submitted to the Board of Appeals copies of a NYS DEC Permit
DEC~1-4738-00755/00003 issued November 10, 2005 under the Environmental
Conservation Law, Article 24 (Freshwater Wetlands) for a single-family dwelling,
driveway and sanitary system and signed Declaration of Covenants and Restrictions
declaring limits of clearing, grading and ground disturbance areas to meet this
agency requirements, in addition to a Declaration of Covenants and Restrictions for
the Suffolk County Health Department pertaining to the Sanitary Code. The
property is adjacent to 2.7 acres of open space land shown on the subdivision map of
Homestead Acres approved April 30, 1986 by the Town of Southold.
The area variances for rear yard setback for the new dwelling and lot size changes
are necessary in order to meet other agency regulations, by locating the proposed
leaching field away from the wetlands which run diagonally across the southern side
of the subject property.
To further Policy 5, the Board requires a 25-foot wide non-disturbance vegetated
buffer area from the wetland line landward for a distance of 25 feet. This buffer is
intended to preserve the existing trees and natural growth to protect the water
quality of the wetland and provide critical habitat. (See condition with Board
Resolution, infra). In addition, the applicant has agreed to install two drywells on
the site to capture roof runoff as well as runoff that may be created during activities
related to construction of the new dwelling.
The applicant has followed all procedures to obtain permits from required agencies
under the wetland ordinances and other pertinent codes, and the applicant agrees to
file all Declaration of Covenants and Restrictions apphcable to these agency
determinations, including but not limited to the establishment of a non-disturbance
natural vegetation buffer from the "limits of clearing line" as depicted.
In considering the above, the Board determines that the application to be consistent,
to the greatest reasonable degree of conformity under the Town of Southold LWRP
and Zoning Codes.
RELIEF REQUESTED: The apphcant proposes to:
change the lot line, resulting in an increase of the subject lot 67 (SCTM# 33-
2-3) to 27,186 square feet in total area from the current 24,756 square feet,
thereby making it more conforming in the R-40 District, and a reduction of
the total area of lot 68 (SCTM # 33-2-10) from 21,458 square feet to 19,028
square feet, thereby making it more non-conforming, and
Page 3 -August 7, 2008
ZBA # 6182 - Arthur R. Torell
CTM 33-2-11 and 10
2. construct a new dwelling with a proposed rear yard setback of 20 feet, while
the code requires a minimum rear yard setback of 40 feet.
ADDITIONAL INFORMATION: The proposed lot line change will also require
approval from the Southold Town Planning Board. The ZBA granted the applicant a
variance on December 10, 1998 (Appeal No. 4604) for a reduction in a side yard
setback from the 15 ft. code requirement to 10 feet, noting that the slope and
wetlands on the subject property constrain the applicant's ability to build a house on
the lot.
REASONS FOR BOARD ACTION: On the basis of testimony presented, materials
submitted and personal inspections, the Board makes the following findings:
1. Town Law §267-b(3)(b)(3)(1). Grant of the variances will not produce an
undesirable change in the character of the neighborhood or a detriment to nearby
properties. The proposed modestly sized dwelling and the size of the proposed
building lots are similar to other houses and lots in the Eastern Shores
Development, which is now virtually built out. The proposed house will be setback
+/- 120 feet from Westwood Lane. Building lot 67 (the subject property) is bordered
on two sides by designated green space and on one side by undeveloped property.
2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved
by some method, feasible for the applicant to pursue, other than an area variance
because the wetlands on the subject property create significant restrictions on the
size of a dwelling and where a dwelling and sanitary system can be located..
3. Town Law §267-b(3)(b)(3). The variance granted herein is not substantial with
regard to the lot hne change since both lots are currently and will continue to be
similar in size to others in the neighborhood, and is substantial in terms of the
proposed 20 ft. rear yard setback for a new dwelling which is a 50% variance from
the code required 40 ft. rear yard setback.
4. Town Law §267wb(3)(b)(5). The difficulty has not been self-created but is the
result of requirements from the NYSDEC, SCHD and Town Trustees to move the
proposed leaching field and dwelling to 35 feet and 40 feet from the flagged wetlands
on the subject property, thereby necessitating a lot line change with the adjacent lot
to the north which is also owned by the applicant, and a rear yard setback variance
in order to locate the proposed leaching field away from the wetlands which run
diagonally across the southern side of the subject property.
5. Town Law §267-b(3)(b)(4). No evidence has been submitted to suggest that a
variance in this residential community will have an adverse impact on the physical
or environmental conditions in thc neighborhood. Thc applicant has followed all
procedures to obtain permits from required agencies under the wetland ordinances
Page 4- August 7, 2008
ZBA# 6182 -Arthur R. Torell
CTM 33-2-11 and 10
and other pertinent codes. Two drywells are proposed on the site to capture roof
runoff.
6. Town Law §267-b. Grant of the requested relief is the minimum action necessary
and adequate to enable the applicant to enjoy the benefit of a lot line change and
new dwelling, while preserving and protecting the character of the neighborhood
and the health, safety and welfare of the community.
RESOLUTION OF THE BOARD: In considering all of the above factors and
applying the balancing test under New York Town Law 267-B, motion was offered
by Member Weisman, seconded by Member Oliva, and duly carried, to
GRANT the variance as applied for, and shown on the survey by Peconic
Surveyors dated April 30, 2008, subject to the following Conditions:
a. The use of synthetic herbicides, pesticides and fertilizers is
prohibited.
The Declarant covenants that a 25-foot wide Non-Disturbance,
vegetated buffer area shall be established from the wetland line
landward for a distance of 25 on SCTM# 33.-2-11. It is hereby
understood that the 25 foot Non Disturbance, vegetated buffer is
intended to preserve the existing trees and natural growth to
protect the water quality of the wetland and, provide critical
habitat. Vegetation within this area shall remain in its natural
state in perpetuity. Permitted activities within the buffer are
limited to the removal of dead, diseased trees that are hazardous
to life or property. Notwithstanding the above, the Non
Disturbance, vegetated buffer area may be supplemented with
additional native vegetation subject to review and approval of
Southold Town Trustees."
That these ZBA conditions be written into the Building Inspector's Certificate of
Occupancy, when issued.
Any deviation from the variance given such as extensions, or demohtions which are
not shown on the applicant's diagrams or survey site maps, are not authorized under
this application when involving nonconformities under the zoning code. This action
does not authorize or condone any current or future use, setback or other feature of
the subject property that may violate the Zoning Code, other than such uses,
setbacks and other features as are expressly addressed in this action.
The Board reserves the right to substitute a similar design that is de minimis in
nature for an alteration that does not increase the degree of nonconformity.
Page 5 -August 7, 2008
ZBA # 6182 - Arthur R. Torell
CTM 33-2-11 and 10
Vote of the Board: Ayes: Members Oliva (Vice Chairwoman), Simon and Weisman.
Members Dinizio and Goehringer (Chairman) were absent. This Resolution was
duly adopted (3-0).
Ruth D. Oliva, Vice Chairwoman 8/~'/g008
Approved for Filing
( qm ffamiller with APPROVAL
AND CONSTRUCTION OF SUBSURFACE SEWAGE
DISPOSAL SYSTEMS FOR SIN6LE PAblILY RESIDENCES
and w#l abid~ by lh~ conditlon~ ~t for& th~rdn ~nd ~ Ih~
permit lo condrucL
NYSDEC # 1-4738-00755/00005
SITE
TEST BORING
I//7/08
by McDonald
Geoscience
~erk Brown Loom
OL
~rown ~y Clny
Brown Cleyey
Wlfh Heevy Grovol
SC
lo Cowse
~o~
C~
The Iocelions of wells ond cesspools
shown hereofl ore from lie/# ohservdions
end or [rom dale obtdned from o/hers.
NO TE'
L 0 T NUMBERS REFER TO 'MAP OF
EASTERN SHORES - SECTION 2'
FILED IN THE SUFFOLK COUNTY
CLERK'S OFFICE AS MAP NO. 4426
0 FINER'
ARTHUR TORELL
377 THOMAS PLACE
WYCKOFF, N.J. 07481
KEY MAP
.$.
A T GREENPORT ~
TOWN OF SOUTHOLD ' I
SUFFOLK COUNTE N ~ I
-7ooo ;, , I
SCALE· Y% 4~ I
MA Y 7~998 I
AU~O~ ~vl~on prop, ~, ) I
~ ' THE EDGE OF
THE NYS FRESHWATER WETLAND AS
DELINEATED (FLAG~ED) 8Y R. MARSH
AND G. KOZLOWSKI ON 1/15/04.
AREA /YEW LOT = 27,186 $,L
AREA WETLANDS = 8030 ~.L
AREA PROPOSEO DWELLING
1810 s.f.
1810 1l~156 ' = 9% COVERAGE,
· PROVIDE 2- 6'~ x 4' DEEP D/~YWELLS
' TO CONTAIN ROOF RUNOFF
Oct~ I..7~. 2003 (8. O.H.) ~ I
oc/. ~7, 2003 fHA YBALES'~(~U~/~ ~
ZONING DISTRICt. R4O FEB. 13, ~004 (WETL~~~'~N I
Feb. ~4,~004 tgro~d ~/~ ~ ~.'~ % I
APRIL 5 E008 fre~ions) - ' ~ ~ __ J
' ~y~-2~~y~./797 J
CON~OU~ L/N~S ~ ~EF~NC~ ~0 ~HE P. 0.~'~ /~/ I
F/VE EAST~N TOWNS TOPOGRAPHIC MAPS ~N.~.V. DJ 1~30 ~4~/ I
Mailin~ Address:
Box 1547
Riverllead, NY 11901
CHARLES R. CUDDY
ATTORNEY AT LAW
445 GRI FFING AVENUE
RIVERHEAI), NEW YORK
October 6, 200¢ .........
TEL: (631) 369-8200
FAX: (631) 369-ctB0
E-malh charles.c,~ddyC~verizon.net
Southold Town
Zoning Board of Appeals
P.O. Box 1179
Southold, NY 11971
Arm: Linda Kowalski
OCT _ 7 2009
Re: Arthur R. Torell-365 Westwood Lane, Greenport, NY
SCTM#1000-33-2-11
ZBA#6182
Dear Ms. Kowalski:
In accordance with te Zoning Board of Appeals' decision, we are enclosing a certified copy of
Declaration of Covenants and Restrictions recorded with the Suffolk County Clerk on September
30, 2009, at Liber D00012601 page 586.
Please make it part of the applicant's record.
CRC:ik
Enclosures
Very truly yours,
Charles R. Cuddy
CC #: C09-39727
COUNTY CLERK'S OFFICE
STATE OF NEW YORK
COUNTY OF SUFFOLK
OCr - 7 2009
I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court
of Record thereof do hereby certif7 that I have compared the annexed with the original
DECLARATION
recorded in my office on0913012009 under Liber D00012601 and Page 686 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 09~30~2009
SUFFOLK COUNTY CLERK
JUDITH A. PASCALE
SEAL
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Ty~e of Instrument: DECLARATION
Number of Pages: 4
Receipt Number : 09-0112559
District: Section: Block:
1000 033.00 02.00
EXAMINED AND CHARGED AS FOLLOWS
Received the Following Fees For Above Instrument
Exempt
Page/Filing $20.00 NO Handling
COE $5.00 NO NYS SRCHG
TP-584 $0.00 NO Notation
Cert. Copies $5.20 NO RPT
Fees Paid
Recorded:
At:
09/30/2009
11:46:58 AM
LIBER:
PAGE:
Lot:
011.000
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
$20.00
$15.00
$0.00
$30.00
$95.20
D00012601
586
Exempt
NO
NO
NO
NO
Judith A. Pascale
County Clerk, Suffolk County
Number of pages
TORRENS
Serial #
Certificate #
Prior Ctf. #
31
Deed. Mortgage Instrument
2009
Deed / Mortgage Tax Stamp I
RECORDED
2009 GeD 30 1!:46:58
Judith A, Rascale
CLERK OF
SUFFOLK COUNT?
L DO00!260!
P
Recording / Filing Stamps
FEES
Page / Filing Fee
lhndling
TP-584
Notation
EA-5217 (County)
EA-5217 (State)
R.P.T.S.A.
Comm. of Ed.
Affidavit
Reg. Copy
Other
cain. 00
5. 00
Sub Total
Sub Total
Grand Total
Real
Property
Tax Service
Agency
Verification
1000 03300 0200 011000
Satisfaction/Discharges/Release List Property Owners Mailing Address
RECORD & RETURN TO:
Charles R. Cuddy, Esq.
PO Box 1547
Riverhead, NY 11901
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.
5 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
Arthur R. Torell
TO
Town of Southold
Declaration of Covenants and Restrictions
(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 Greenport
made by:
BOXES 6 THROUGH 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING
(over)
Dear Taxpaye~
Yoursatisfaction ofmortgage has been filed in my office and I am enclosing the ofiginalcopyfor
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
RiverheadTown Receiver of Taxes
200 Howell Avenue
Riverhead, NY 11901
(631) 727-3200
BrookhavenTownReceiver of Taxes
250 East Main S~eet
Pon Jefferson, NYl1777
(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
SmithtownTown Receiver of Taxes
99WestMain 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 P. Ramaine
Suffolk County Clerk
DECLARATION OF COVENANTS AND RESTRICTIONS
THIS DECLARATION, made this c2~ day of ~e~rnbe,c2009, by Arthur R. Torell,
Jr. residing at 377 Thomas Place, New Jersey 07481, hereinafter referred to as the
DECLARANT.
WITNESSETH:
WHEREAS, the Declarant is the owner in fee simple of certain real property situate at
Greenport, Town of Southold, County of Suffolk, State of New York, known and designated on
Suffolk County Tax Map as District 1000 Section 33 Block 2 Lot 11 as more particularly
described on the annexed Schedule A; and
WHEREAS, for and in consideration of granting approval for construction of single
family dwelling, the Zoning Board of Appeals of the Town of Southold has deemed it to be for
the best interests of the Town of Southold, the owners and prospective owners of said lot that the
within covenants and restrictions be imposed on said lot, and that said Zoning Board of Appeals
has required that the within Declaration be recorded in the Suffolk County Clerk's Office; and
WHEREAS, the Declarant has considered the foregoing and has determined that same
will be in the best interests of the Declarant and subsequent owners of said lot;
NOW, THEREFORE, THIS DECLARATION WITNESSETH:
That the Declarant for the purpose of carrying out the intentions above expressed, does
hereby make known, admit, publish, covenant, and agree that the lot shall hereafter be subject
to the following covenants and restrictions as herein cited, which shall run with the land and shall
be binding upon all purchasers and holders of said premises, their heirs, executors, legal
representatives, distributes, successors and assigns, to wit:
1. That the use of synthetic herbicides, pesticides and fertilizers is prohibited.
2. That a 25-foot wide Non-Disturbance, vegetated buffer area shall be established
from the wetland line landward for a distance of 25 ft. and is intended to preserve the existing
trees and natural growth to protect the water quality of the wetland and, provide critical habitat.
Vegetation within this area shall remain in its natural state in perpetuity. Permitted activities
within the buffer are limited to the removal of dead, diseased trees that are hazardous to life or
property. The Non-Disturbance, vegetated buffer area may be supplemented with additional
native vegetation subject to review and approval of Southold Town Trustees.
Page 1 of 2
IN WITNESS WHEREOF, the Declarant above named has executed the foregoing
e ,arat ontheda an r r t oww itt n.
Arthur'S. ¥orell, J~ / ~
STATE OF NEW JERSEY )
SS.:
COVNTY OF /f~-~e-,,~ )
On the day of .3mC'~- c~ in the year 2009, before me, the undersigned, personally appeared
Arthur R. Torell, Jr. personally known to me or proved to me on the basis of satisfacto~ evidence to be
the individual whose name is subscribed to the within instrument and ac~owledged to me ~at he
executed the same in his capaci~ and that by his signature on ~e ins~ument, the individual, or the
person on behalf of which the individual acted, executed ~e ins~ument, ~d ~at such individual made
such appearance before ~e undersigned in the
State of New Jersey.
(inse~ CiW)in the ~~
Stare of New Je~
~ ~m~sion Exp~es J~e 12, ~3
ID · 2105581
Page 2 of 2
Description of Lot 67 and Part of Lot 68
Suffolk County Tax Map #1000-33-02-11 & P\0 10
All that certain plot, piece or parcel of land, with buildings and improvements thereon erected,
situate, lying and being at Greenport, Town of Southold, County of Suffolk and State of New York,
being Lot 67 and part of Lot 68 as shown on a certain map entitled "Map of Eastern Shores, Section
2" filed in the office of The Suffolk County Clerk as map lqo. 4426, more particularly bounded and
described as follows;
Beginning at a point on the westerly line of Westwood Lane at the intersection formed by the
westerly line of Westwood Lane with the southerly line of Lot 67 as shown a certain map entitled
"Map of Eastern Shores, Section 2" filed in The Suffolk County Clerk's Office as Map No. 4426,
said point and place of be~nning being a distance of 300 feet northerly as measured along the
westerly line of Wastwood Lane fi'om the northerly line of Homestead Way;
Running Thence from said point and place of beginning along the southerly line of Lot 67 as shown
on the aforesaid file map South 72 degrees 11 minutes 00 seconds West a distance of 243.57 feet to a
point;
Thence North 03 degrees 53 minutes 00 seconds West along the westerly line of Lot 67 and part of
Lot 68 as shown on the aforesaid filed map a distance of 126.72 feet to a point;
Thence North 69 degrees 02 minutes 10 seconds East a distance of 95.36 feet to a point;
Thence South 51 degrees 20 minutes 50 seconds East a distance of 17.97 feet to a point;
Thence North 69 degrees 02 minutes 10 seconds East a distance of 101.53 feet to a point and the
westerly line of Westwood Lane;
Thence South 20 degrees 57 minutes 50 seconds East a distance of 119.00 feet to the point and place
of Beginning.
Mailing Address:
EO. Box 1547
Riverhead, NY 11901
CHARLES R. CUDDY
ATTORNEY AT LAW
445 GRIFFING AVENUE
RIVERHEAD, NEW YORK
July 1, 2009
Southold Town
Zoning Board of Appeals
P.O. Box 1179
Soathoid: NY' ~ 1971
Attn: Linda Kowalski
Re: Arthur R. Torell-365 Westwood Lane, Greenport, NY
SCTM#1000-33-2-11
ZBA#6182
Dear Ms Kowalski:
lnacco.dancewlththeZonlngBoardofAppeals determ~naUonofAugust ,2008(copyencloscd),
we have prepared a proposed Declaration of Covenants and Restrictions. Please review- the
Declaration with the Board and advise if it is satisfactory so we may proceed with recording it.
Thank you.
Very truly yours,
Charles R. Cuddy
CRC:ik
DECLARATION OF COVENANTS AND RESTRICTIONS
THIS DECLARATION, made this day of ,2009, by Arthur Torell
residing at 377 Thomas Place, New Jersey 07481, hereinafter referred to as the DECLARANT.
WITNESSETH:
WHEREAS, the Declarant is the owner in fee simple of certain real property situate at
Greenport, Town of Southold, County of Suffolk, State of New York, known and designated on
Suffolk County Tax Map as District 1000 Section 33 Block 2 Lot 11 as more particularly
described on the annexed Schedule A; and
WHEREAS, for and in consideration of granting approval for construction of single
family dwelling, the Zoning Board of Appeals of the Town of Southold has deemed it to be for
the best interests of the Town of Southold, the owners and prospective owners of said lot that the
within covenants and restrictions be imposed on said lot, and that said Zoning Board of Appeals
has required that the within Declaration be recorded in the Suffolk County Clerk's Office; and
WHEREAS, the Declarant has considered the foregoing and has determined that same
will be in the best interests of the Declarant and subsequent owners of said lot;
NOW, THEREFORE, THIS DECLARATION WITNESSETH:
That the Declarant for the purpose of carrying out the intentions above expressed, does
hereby make known, admit, publish, covenant, and agree that the lot shall hereafter be subject
to the following covenants and restrictions as herein cited, which shall run with the land and shall
be binding upon all purchasers and holders of said premises, their heirs, executors, legal
representatives, distributes, successors and assigns, to wit:
1. That the use of synthetic herbicides, pesticides and fertilizers is prohibited.
2. That a 25-foot wide Non-Disturbance, vegetated buffer area shall be established
from the wetland line landward for a distance of 25 ft. and is intended to preserve the existing
trees and natural growth to protect the water quality of the wetland and, provide critical habitat.
Vegetation within this area shall remain in its natural state in perpetuity. Permitted activities
within the buffer are limited to the removal of dead, diseased trees that are hazardous to life or
property. The Non-Disturbance, vegetated buffer area may be supplemented with additional
native vegetation subject to review and approval of Southold Town Trustees.
IN WITNESS WHEREOF, the Declarant above named has executed the foregoing
~Declaration the day and year first above written.
Arthur Torell
STATE OF NEW JERSEY )
SS.:
COUNTY OF )
On the day of in the year 2009, before me, the undersigned, personally appeared
Arthur Torell, personally known to me or proved to me on the basis of satisfactory evidence to be the
individual whose name is subscribed to the within instrument and acknowledged to me that he executed
the same in his capacity and that by his signature on the instrument, the individual, or the person on
behalf of which the individual acted, executed the instrument, and that such individual made such
appearance before the undersigned in the
(insert City) in the State of New Jersey.
Notary Public
CHARLES R. CUDDY
ATTORNEY AT L AW
445 GRI FFiNG AVENUE
RI V ERHEAD, NEW YORK
Mailing Address:
EO. Box 1547
Riverhead, NY 11901
TEL: (631) 369-8200
FAX: (631) 369-9O80
E-mail: charles.cuddy@verizon.net
August 10, 2009
Southold Town
Zoning Board of Appeals
P.O. Box 1179
Southold, NY 11971
Attn: Linda Kowalski
Re: Arthur R. Torell-365 Westwood Lane, Greenport, NY
SCTM#1000-33-2-11
ZBA#6182
Dear Ms. Kowalski:
In connection with the above matter, enclosed is a copy of the Board of Town Trustees'
determination for vour records. Please advise if the Declaration of Covenants pursuant to the Zoning
Board of Appeals; decision can now be recorded.
Thank you.
CRC:ik
Enclosures
Very truly yours,
Charles R. Cuddy
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 OF TOWN TRUSTEES
TOWN OF SOUTHOLD
July 22, 2009
Charles R. Cuddy
Attorney at Law
445 Griffing Ave.
Riverhead, NY 1 '1901
RE:
ARTHUR TORELL
365 WESTWOOD LANE, GREENPORT
SCTM#33-2-10&11
Dear Mr. Cuddy:
The Board of Town Trustees took the following action during its regular meeting held on Wed.,
June 22, 2009 regarding the above matter:
WHEREAS, Charles R. Cuddy, Esq. on behalf of ARTHUR TORELL applied to the Southold
Town Trustees for a permit under the provisions of Chapter 275 of the Southold Town Code, the
Wetland Ordinance, application dated May 6, 2009, 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 Policies 6 and 6.3 of the Local Waterfront
Revitalization Program to the greatest extent practical through the imposition of the following
Best Management Practice requirements: gutters and drywells are installed in accordance with
Chapter 236-Stormwater Management of the Town Code, a line of staked hay bales is installed
along the 8' contour line prior to any construction activities, and the requirement of a 25' non-
disturbance buffer landward of the wetland boundary, and,
WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on
July 22, 2009, 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 approves the application of ARTHUR TORELL to
construct a single-family dwelling, garage, sanitary system, and pervious driveway, with the
condition gutters and drywells are installed in accordance with Chapter 236-Stormwater
Management of the Town Code, a line of staked hay bales is installed prior to any construction
activities, and a 25' non-disturbance buffer landward of the wetland boundary, and as depicted
on the survey prepared by John T. Metzger last dated April 30, 2008.
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,
Jam F.~King, Preside~
Board of Trustees
JFK:lms
SCHEDULE "A"
Description of Lot 67 and Part of Lot 68
Suffolk County Tax Map #1000-33-02-11 & P\0 10
All that certain plot, piece or parcel of land, with buildings and improvements thereon erected,
situate, lying and being at Greenport, Town of Southold, County of Suffolk and State of New York,
being Lot 67 and part of Lot 68 as shown on a certain map entitled "Map of Eastern Shores, Section
2" filed in the office of The Suffolk County Clerk as map No. 4426, more particularly bounded and
described as follows;
Beginning at a point on the westerly line of Westwood Lane at the intersection formed by the
westerly line of Westwood Lane with the southerly line of Lot 67 as shown a certain map entitled
"Map of Eastern Shores, Section 2" filed in The Suffolk County Clerk's Office as Map No. 4426,
said point and place of beginning being a distance of 300 feet northerly as measured along the
westerly line of Westwood Lane fi'om the northerly line of Homestead Way;
Running Thence fi'om said point and place of be~nning along the southerly line of Lot 67 as shown
on the aforesaid file map South 72 degrees 11 minutes 00 seconds West a distance of 243.57 feet to a
point;
Thence North 03 degrees 53 minutes 00 seconds West along the westerly line of Lot 67 and part of
Lot 68 as shown on the aforesaid filed map a distance of 126.72 feet to a point;
Thence North 69 degrees 02 minutes 10 seconds East a distance of 95.36 feet to a point;
Thence South 51 degrees 20 minutes 50 seconds East a distance of 17.97 feet to a point;
Thence North 69 degrees 02 minutes 10 seconds East a distance of 101.53 feet to a point and the
westerly line of Westwood Lane;
Thence South 20 degrees 57 minutes 50 seconds East a distance of 119.00 feet to the point and place
of Beginning.
BOARD OF SOUTHOLD TOWN TRUSTEES
SOUTHOLD, NEW YORK
PERMIT NO. 7143
ISSUED TO: ARTHUR TORELL
DATE: JULY 22~ 2009
PROPERTY ADDRESS: 365 WESTWOOD LANE~ GREENPORT
SCTM#33-2-11
AUTHORIZATION
Pursuant to the provisions of Chapter 275 mid/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
July 22, 2009 in consideration of application fee in the sum of $250.00 paid by Arthur Torell and subject to the
Terms and Conditions as stated in the Resolution, the Southold Town Board of Trustees authorizes and permits
following:
Wetland Permit to construct a single-family dwelling, garage,
pervious driveway, with the condition gutters and drywelis are installed in accordance
with Chapter 236-Stormwater Management of the Town Code, a line of staked hal
is installed prior to any construction activities, and a 25~ non-disturbance buffer
landward of the wetland boundary, and as depicted on the survey prepared by John T.
Metzger last dated April 30, 2008.
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.
TO:
Arthur Torrell, Jr.
377 Thomas Place
Wycoff, NJ 07481
FORM NO. 3 ~ ~ ~/~--
NOTICE OF DISAPPROVAL .
DATE: January 22, 2008
RENEWED & AMENDED: May 21~ 2008
Please take notice that your application dated December 28, 2007
For permit for lot line change and new single family dwelling at
Location of property 365 Westwood Lane, CJreenport, NY
County Tax Map No. 1000 - Section 3~3 Block 2 Lot 1__~1
Is returned herewith and disapproved on the following grounds:
The proposed lot line change, on lots in the Residential R-40 District, is not permitted pursuant to
Article IV, Section 280-18, which slates,
"No bui dinE or premises shall be used and no building or part thereof shall be erected or altered in
the Low-Density Residential R-40 District unless the same conforms to the requirements of the
Bulk Schedule and of the Parking Schedule, with the same force and effect as if such regulations
were set forth herein in full."
Bulk Schedule requires a minimum lot size of 40,000 square feet. Following the proposed lot line
change, the subject lot (SCTM# 33-2-11) will become more conforming, from 24,756 square feet to
27,186 square feet in total size, SCTM# 33-2-10 will become more non-conforming, from 21,458
square feet to 1%028 square feet in total size.
In addition, the proposed construction of a new single family dwelling is not permitted pursuant to
Article XXIII Section 200-124, which states that non-conforming lots, measuring between 20,000 and
39,999 square feet in total size, require a minimum rear yard setback of 40 feet.
Following the proposed construction, the dwelling will have a rear yard setback of 20 feet.
The proposed lot line change requires approval from the Southold Town Planning Board.
This Notice of Disapproval was written based on a survey last dated 12/12/07 by John T.
Metzge~l:S-ca. mt-ame~ed on May 21, 2008 to reflect changes in the proposed plan.
~Signature
Cc: file, Z.B.A., Planning.
~'~ ~ NOTICE OF DISAPPROVAL
~l~ ~ ~ -- (~ ~*) ' DATE: J~u~ 22, 2008
TO: A~h~ To.ell, Jr. ~ ~
377 Thomas Place ~]0 [~
Wycoff, NJ 07481
Please take notice that your application dated December 28, 2007
For permit for lot line change and new single family dwelling at
Location of property 365 Westwood Lane, Greenport, NY
County Tax Map No. 1000 - Section 33 Block 2_ Lot 1~1
Is returned herewith and disapproved on the following grounds:
The proposed lot line change, on lots in the Residential R-40 District, is not permitted pursuant to
Article IV, Section 280-18, which states,
"No building or premises shall be used and no building or part thereof shall be erected or altered in
the Low-Density Residential R-40 District unless the same conforms to the requirements of the
Bulk Schedule and of the Parking Schedule, with the same force and effect as if such regulations
were set forth herein in full."
Bulk Schedule requires a minimum lot size of 40,000 square feet. Following the proposed lot line
change, the subject lot (SCTM# 33-2-11) will become more conforming, from 24,756 square feet to
26,210 square feet in total size, SCTM# 33-2-10 will become more non-conforming, from 21,458
square feet to 20,004 square feet in total size.
In addition, the proposed construction of a new single family dwelling is not permitted pursuant to
Article XXIII Section 200-124, which states that non-conforming lots, measuring between 20,000 and
39,999 square feet in total size, require a minimum rear yard setback of 40 feet.
Following the proposed construction, the dwelling will have a rear yard setback of 20 feet.
The proposed lot line change requires approval from the Southold Town Planning Board.
This Notice of ]l)isapp-~/as written based on a survey last dated 12/12/07 by John T.
Authorized Signature_
Cc: file, Z.B.A., Planning.
,XPPLIC.¥ON TO 'rilE SOUTtlOI,D TOWN BOAOOF APP~~
I Fee: S Filed By: Date ~ssigned/kssignment No. ~[~ ~ - ~ff ~
I (X~E) APPEAl. THE WRITTEN DETERMINATION OF THE BltlLDING INSPE('TOR ~6
DATED / -~2-~ BASEI)()NMAI'DATEI)~/~-/~; amended on ~ay 2~, 2008
based on the map dated Aprkl 30, 2008
Applicam(s)/O~ner(s): ~~ ~ ~~
Telcl,l,i,,,e: ,/4~/~¢/ 3¢¢"..~ Fax #:
Na,,,c of Representative: ~/~-~f /~. CUt~D~ for (¢~-Owner, or ( ) Other:
Plcaxc cItec]~ box to ,x~Jec~fl), who )'oil wisIt corre.s'po~tdcttcc to be mailed to, frottt the above ttatltes:
El Applicaat/Owner(s), or /~<&uthorized Representative, or [] Other Name/Address below:
TIlE BUll,DING INSPECTOR REVIEWEI) MAP DATED/,~'-/Z- 20O~ml DENIED
[-J~-~' FOIl: amended on May 21, 2008 ~5'~&
~Buihling Permit
~ Certificate of Occupancy B Pre-('ertilicate of Occupancy
~ Change of Use
D Permit tbr As-Built Construction
~Olher:
l>roxision of tile Zollillg ()l'dillallce Al>pealed. (Indicate Article, Section, Subsection of Zoning
Ordinance by numbers. Do not quole the code.)
Article IV Section 280- 18 Sul)scction~
~III 200-124
'1'~ pc of Appeal. An Al)Ileal is made fi)r:
~,~ Variance to the Zoning ('ode or Zoning Map.
[1A Variance due to lack of access required [)) Ne~ York 'l'(m n l,a%~-Section 280-A.
{] Interl)rclation of the r]'o;~ n Code, Article Section
~I Rex crsal or
\ prior apl)cal~laa. 13 has IlOl I)een iii;l(Ic ill ;Ill;' tinle with respect to lids properh, [ NI)ER kl)pe:tl
NIL . __Ycilr , (PIt'tlM' bi' XIIIT tU I't'~t'dl'ch hl~/ill't' COmlllcting thi~ question or call ottr
Name of Owner:
Z~File #
· REASONS FOR APPEAL (additioual sheets may be used with preparer's signature):
AREA VARIANCE REASONS:
(1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a
detriment to nearby properties if granted, because:
THE EASTERN SHORES DEVELOPMENT ESTABLISHED IN 1965 IS BUILT UP. THE PROPOSED HOUSE PLAN IS MODEST SiZE AND
SETBACK 120 ft. FROM WESTWOOD LANE. BUILDING LOT 67 IS BORDERED ON TWO SIDES BY GREEN SPACE ANO ON ONE SIDE
BY UNDEVELOPED PROPERTY.
(2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the
applicant to pursue, other than an area variance, because:
THE DELINEATED WETLANDS AREA MARKED BY THE DEC HAS FORCED NATURAL CONSTRAINTS ON THE SIZE AND POSITION FOR
A SINGLE HOUSE.THE EASEMENT WAS PROPOSED AND APPROVED BY THE DEC AND SCHD IN ORDER TO MOVE THE LEACHING FIELDS
AWAY FROM THE WETLANDS. ADDITIONAL REQUESTS BY THE TRUSTEES TO MOVE THE HOUSE BACK FURTHER HAVE INITIATED THIS
REAR YARD VARIANCE AND LOT LINE CHANGE. THESE REQUESTS WILL MOVE THE HOUSE AWAY FROM THE WETLANDS INCREASING
THE DISTANCE 50% FROM THE APPROVED PERMIT DRAWINGS ISSUED BY THE DEC 11-22-2005 AND SCHD 11-27-2006.
(3) The amount of relief requested is not substantial because:
THE REAR YARD BORDERS ON SEVERALACRES OF DESIGNATED GREENSPACE LAND. THE VARIANCE AND LOT LINE CHANGES
WERE REVIEWED WITH THE TRUSTEES AS A WAY TO MOVE THE HOUSE SACK AS FAR AS POSSIBLE ON THE LOT.
EACH PROPERTY IS OVER ]-9 ~,000 AND REMAINS AN AVERAGE SIZE LOT WITHIN THE SUBDIVISION. THE PROPERTY WILL REMAIN
NATURAL AND UNDISTURBED sq. fl:.
(4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions
in the neighborhood or district because:
THE PROPOSED BUILDING STRUCTURE IS AVERAGE SIZE AND CONFORMS TO THE OTHER HOMES IN THE SUB DIVISION.THE HOUSE
WILL BE SET BACK 120 ft. MORE THAN TWICE THE DISTANCE FROM THE ROAD AS ALL OTHER HOMES.AFTER CONSTRUCTION I INTEND
TO ASK THE DEC TO RECOMMEND PROCEDURES TO STABILIZE THE LAND AND LANDSCAPE WITH ALL NATIVE GRASSES, SHRUBS AND
TREES.LANDSCAPING WILL BE DONE BY A LOCAL NURSERY THAT IS KNOWLEDGEABLE WITH WETLAND PLANTINGS.I INTEND TO USE
PLANTS THAT WILL HELP CONTROL SOIL EROSION AND MAINTAIN A STABLE NONFERTILIZATION BUFFER.
(5) Has the alleged difficulty been self-created? ( )Yes, or ~%No.
Are there Covenants and Restrictions concerning this land: [] No. XYes (please furnish cop}9.
This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the
character of the neighborhood and the health, safety, and welfare of the community.
Check this box ( ) IF A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE TIlE
ATTACHED USE VARIANCE SHEET: (Please be s~our ~rne .~...7~
Signatt~re of A~pellant ~r Authorized~gent
(Agent must submit written Authorization from Owner)
~ ~OMAS A. MASELLI
NOT~Y PUBLIC, STATE OF NEW JERSEY
C~N~ 0F PASSAIC
~ ~I~ION EXPIRES 6/1~9
ID g 43641
ARTHUR R. TORELL
377 Thomas Place
Wyckoff, NJ 07481
I, Arthur R. Torell, owner of the property identified as SCTM# 1000-33-2-10 &
11, located in Greenport, Town of Southold, New York, hereby authorize Charles R. Cuddy, Esq. to
act as my agent and handle all necessary work involved in the variance application with the Zoning
Board of Appeals.
Swom to before me this/q/ day
of /rkl ~'~,,!/ ,2008.
N ~p~abli~ ~'~_~..r~ /~f, Zc~
JOAN B ',/AN HOUTEN
COUNTY OF BERGEN
MY COMMISS!ON EXPIRES 6/28/09
ID# 2316373
APPEALS BOARD MEMBERSO
Gerard P. Goehringer, Chairman
Ruth D. Oliva
James Dinizio, Jr.
Michael A. Simon
Leslie Kanes Weisman
Mailing Address:
Southold Town Hall
53095 Main Road · EO. Box 1179
Southold, NY 11971-0959
Office Location:
Town Annex/First Floor, North Fork Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
http://southoldtown.northfork.net
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 · Fax (631) 765-9064
TOWN MEMO
TO: Planning Board
FROM: Gerard P. Goehringer, Chairman
DATE: June 5, 2008
SUBJECT: Request for Comments
Our Department has received and is reviewing the following application, and we enclose
a copy of the application with the applicant's latest map. The Planning Board may be
involved under the site plan review steps under Chapter 280 (Zoning), and your review
and comments are requested at this time.
The file is available for review of additional documentation at your convenience.
NAME TAX#/ ZBA BD NOD VARIANCE PLANS PREPARER
ZONE DATE DATE
STAMPED
Torell, Arthur 33-2- 6182 1/2/08 Lot Line Change Survey John Metzger
11 &l 0 amended Bast dated
R-40 5/21/08 4/30/08
zone
Your comments are appreciated by July 12, 2008
Thank you.
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
Southold, NY
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
Telephone: 631 765-1938
Fax: 631 765-3136
LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR
TOWN OF SOUTHOLD
To:
From:
MEMORANDUM
Gerard Goehringer, Chair
Members of the Zoning Board of Appeals
Mark Terry, Principal Planner ~
LWRP Coordinator
JU~- ,,~
BOP,'"' :-~ 2:,F APPEALS
Date: July 23, 2008
Re: Request for'axVariance Arthur R. Torell
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 pursuant to § 268-3. Definitions:
Granting of individual setback, lot line and lot area variances, except in relation to a
regulated natural feature or a bulkhead or other shoreline defense structure or any
activity within the CEHA; [Amended 6-6-2006 by L.L. No. 7-2006]
Suffolk County Tax Map # 33-2-11 contains a portion of a shrub swamp freshwater wetland
system listed by the New York Department of Environmental Conservation (SO-9) and the Town
(see Figure 1 below). The freshwater system is a regulated natural feature pursuant to Chapters
275 and Chapter 280 of the Southold Town Code.
Figure 1. DEC SO-9 Classified Wetland
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 below listed policies and therefore is
INCONSISTENT with the LWRP pursuant to § 268 of the Southold Town Code.
I Policy 6: Protect and restore the quality and function of the Town of Southold ecosystem. I
6.3 Protect and restore tidal and freshwater wetlands.
The setback from the proposed residence to the freshwater wetland is 35 feet and the proposed
setback from the driveway to the freshwater wetland is 39 feet; a minimum setback of 100 feet
from the wetland to the residence and a minimum setback of 50 feet from the driveway is
required pursuant to:§ 275-3 Findings; purpose; jurisdiction; setbacks. D. Setbacks. [Amended
10-11-2005 by L.L. No. 17-2005]. The following minimum setbacks apply to any and all
operations proposed on residential property within the jurisdiction of the Board of Trustees:
(a) Wetland boundary.
[1 Residence: 100 feet.
Please require that the applicant amend the application to meet the above policy to the greatest
extent practicable.
Figure 2. Subject parcel with freshwater wetland on property.
Note that the applicant has filed a Covenant and Restriction pursuant to NYSDEC permit
1-4738-00755/00003. The restrictions include the establishment of a non-disturbance
natural vegetation buffer from the "limits of clearing line" depicted on the referenced map
with NYSDEC stamped approval. The restriction allows for a 4' access path. The
referenced map is not included within the file. In addition, the Covenant and Restriction
within the file does not show that it was ever filed with the Office of the Suffolk County
Clerk.
In the event that the action is approved and to further Policy 5: Protect and Improve Water
Quality in the Town of Southold and Policy 6 referenced above it is recommended that the
Board maximize the width of the non-disturbed buffer landward of the freshwater wetland
and require that the applicant file a covenant and restriction with Suffolk County Clerk
regarding the establishment and maintenance of the such buffer including the following
a. The use of synthetic herbicides, pesticides and fertilizers is prohibited.
b. The Declarant covenants that a 25foot wide Non Disturbance, vegetated
buffer area shall be established from the wetland line landward for a
distance of 25 on SCTM# 33.-2-11. It is hereby understood that the 25foot
Non Disturbance, vegetated buffer is intended to preserve the existing trees
and natural growth to protect the water quality of the wetland and, provide
critical habitat. I/egetation within this area shall remain in its natural state
in perpetuity. Permitted activities within the buffer are limited to the
removal of dead, diseased trees that are hazardous to life or property.
Notwithstanding the above, the Non Disturbance, vegetated buffer area may
be supplemented with additional native vegetation subject to review and
approval of Southold Town Trustees."
Pursuant to Chapter 268, the Zoning Board of Appeals shall consider this recommendation in
preparing its written determination regarding the consistency of the proposed action. Please
contact me with any questions.
Cc: Kieran Corcoran, Assistant Town Attorney
E)EPARTMENT OF HEALTH SERVIC~
February 22. 2006
Mr. Arthur Robert Torell
377 Thomas Place
Wyckoff, NJ 07481
SCHEDULE C
COUNTY OF SUFFOLK
STEVE LEVY
SUFFOLK COUNTY EXECUTIVE
Subject:
Board of Review Heating - February 16, 2006
S10-05-0004 ~ Homestead Acres Homes, w/s Westwood Lane, 300 ltl n/o Homestead Way,
Greenport -qo Southold- SCTM: 1000 03300 0200 010000, 011000'
Dear Mr. Torell:
Enclosed is a copy of the findings, recommendations and deternfination of the Board of Review
concerning the subject application. "
Based on the information submitted, the Board granted the request for variance/waiver with the
provisions indicated in the determination.
The g~anting of this waiver does not imply that your application will be automatically approved. It is
· your responsibility to ensure that your application is complete; otherwise, your approval will be subject
to unnecessary delay. .
Stepher~A. Costa, P.E., Chief Engineer :'i"
Chairrffan, Board of Review
Enclosure
C:
' Board of Review File ~ Riverhead Mr. Peter Ab-as, P.E. ~ Reviewer
Mr. Andrew Freleng ~- Planning Department
Ms. Lauretta Fischer - Planning Department
Ms. Eileen Cantone ~ OW/VI
Ms. Valetie Scopaz ~ Town of Southold
SUFFOLK C~'UNTY DEPARTMENT OF I-IEALTIt SERVICES
D1WISION OF ENVIRONMENTAL QUALITY
BOA-KD OF REVIEW
ARTICLE 2, SECTION 220, SUFFOLK COUNTY SANITARY CODE
To~
Brian L. Harper, M.D., M.P.H., Commissioner
From: Stephen A. Costa, P.E., Chairman, Board of Review
Subject:
Findings and Recommendations of the Review Board Regarding:
S10-05-0004 - Homestead Acres Homes, w/s Westwood L/ne, 300 ft. n/o
Homestead Way, Greenport- tie Southold -
SCTM: 1000 03300 0200 010000, 011000
Hearing Date: February 16, 2006
Statement of Problem
Residential constnmfion standards require that sanitary systems be located on the same
parcel as the building to be served. The applicant is proposing"t6 place the sewage
disposal system for a dwelling in an easement area on an adjacent lot.
Residential construction standards require that the separation distance between leaching
pools be a minimum of 8 feet. The applicant is prr~posing a sewage disposal system
~[esign with a separation of 3 feet betwe~ l~aching pools.
Findings and Facts
1. The parcels are located in Groundwater Management Zone 4.
The parcels are depicted as two separate tax lots (lots 10 and 11) on the 1981
tax map.
3. Each parcel is greater than 20,000 square feet in area~
4. Sewage disposal will be via septic tank and leaching pools.
5. Depth to groundwater is 11.5 feet below existing grade.
6. Soils are acceptable with fine to coarse sand at 11.5 feet below existing grade.
The southern lot (lot 11) has been the subject of 3 residential applications with
reference numbers, 93-80-09, R10-97-0075, and R10-~)4-0009. The initial
application was approved by the Board of Review on November 9, 1993 for
the installation of the sanitary system in the rear yard arid'in a location that is
less than 100 ~'eet to surfaco water. The first two permits were issued and
expired before any construction commenced.
o
A third permit was issued by the department (R10-04-0009) in ·2004 that
showed the sewage disposal system in the rear yard of lot 11. However, when
New York State Department of Environmental Conservation (DEC) renewed
Brian L. Harper, M.D., l'v~/~.H., Commissioner
Hearing Date: February 16, 2006
Subject: Findings and Recommendations of the Review Board Regarding:
SI0-05-0004 ~ Homestead Acres Homes, w/s Westwood Lane, 300 f~. n/o
Homestead Way, Greenport - t/o Southold -
SCTM: i000 03300 0200 010000, 011000
10.
11.
a previously issued wetlands permit, they added a sewage' treatment
requirement to the permit.
Upon discovering the sewage treatment requirement, the department
suspended the construction permit. In a letter dated November 22, 2004, Jodi
Cerasuola, Senior Sanitarian stated:
"Please be advised that a review of your submitted DEC Permit
(1-4738-00755/00003) has revealed that item #9 of that permit
requires that your "sanitary system must be an aerobic treatment unit
as shown on the approved plan." The Suffolk CoUnty Sanitary Code
does not allow for these types of treatment system~ to be utilized bn
single family residences. The Department is':~concemed that
homeowners will be forced to operate sewage, treatment works
without proper training and protection from' biolb~ical hazards. In
addition, these systems being aerobic in nature:fiiay provide for
greater removal of organic matter. However, nutrien[ control, such as
rdt~o'g~lyremovhl, is the primary concern in prote~t~ng groUndwater
and these systems are not designed to remove these constituentS.
This office has contacted the DEC concerning this mat~er by letter
dated:'.l%vember 22, 2004, which is also enclosed for your
convenience ....
Based on the above information, tiffs office has no recourse but to
suspend your permit in accordance with Article 3,'Section 760-305
& 307 of the Suffolk County Sanitary Code un/il this matter is
resolved.'"
The applicant returned to DEC, but DEC refused to /fi~dify the per~t to
elLmlnate the treatment and allow the disposal system t6. remain 45 feet from
the wetlands. Instead, DEC recommended that the septic'system be located to
the north on the adjacent lot also owned by the applicant either by combining
the two lots'into one lot; changing the lot lines -to al/ow a sectiofi of the
adjacent lot to be moved to the subject lot to allow for the.septic system to
move to the north; or via a deeded variance to allow the.'~ePti¢ system on the
property to the north.
Thc a~plicant attempted to effectuate a change in tot 1/nc (thus prompting the
subdivision appllcafion) but claims he was told by town ~:'.epresentatives that a
change in lot liues could not be easily achieved, wherea~ a deeded easement
area would be much more expedien[.
Brian L. Harper, M.D., Conunissioner
Hearing Date: February 16, 2006
Subject: Findings and Recommendations of the Review Board Regarding:
S 10-05-0004 - Homestead Acres Homes, w/s Westwood Lane, 300 fl. n/o
Homestead Way, Greenport- t/o Southold -
SCTM: 1000 03300 0200 010000, 011000
12.
The applicant also claims that a DEC representative advised trim to make the
deeded area as small as possible, wirier is the reason the leaching pools were
shown on the plan with a separation distance of only 3 feet.
Determination
It was a 3 to 0 determination of the Board to grant the request for the variance to install
the sewage disposal system in the easement area, provided the following conditions are
met:
The appl/cant shall provide an easement area on lot 10 with described metes and
bounds adequate in size for a sewage disposal system for lof 11 that will comply
with construction standards for separation distance between components.
Expansion pools shall be installed during initial construction of the sanitm-y
system.
The applicant shall prepare an easement' (or covenant), in' language and format
acceptable to the county att6mey, b~rdening lot 10 for sewage disposal system
construction, access, and future maintenance' of the sewage d{~posal system for lot
11.'
Covenants shall be prepared and filed, in language acceptable to the County
Attorney, that limit the dwelling on lot I1 to 4 bedroom~ with no accessory
~.partrnents.
As per §760-609 of tho Suffolk County Sanitary Code (Sanitary Code), the approval of
the variance is in harmony with the general purpose and intent of th~ Sardtary Code to
protect groundwater and drimking water supplies, surface waterl and other natural
resources, and public health, safety and welfare. In compliance w[fll §760-609(1)(a), the
proposed Yadance is in general conformity with the Sanitary Code.
February 22, 2006
'Steph~n A. C6sta, P.E.
Chairman ~ Board of Review
DEPARTMENT OF HEALTH SERVICES
October 27, 2006
COUNTY OF SUFFOLK
STEVE LEVY
SUFFOLK COUNTY EXECUTIVE
DAVID G, GRAHAM, M,D., MP.H,
ACTING COMMISSIONER
Abig~lA. Wickham
Wickham, BresslehGordon&Geasa, P.c.
PO Box 1424
Ma~ituck, NYl1952
Re: H. D. Ref. # S10-05-0004; Homestead Acres Homes
Please be advised that the proposed covenant you submitted has been reviewed and approved by
the County Attorney. In order to continue processing the above referenced application, this
office requires a recorded covenant.
Take the original and one copy of the covenant to the Real Property Tax Service Agency on
the second floor of the Riverhead County Center. The Real Property Tax Service Agency will
verify the legal description and tax map number.
I. After verification, submit the original and one copy to the County Clerk's Office (first
floor) for recording. The covenant must be complete with all Schedules (description of
property, consent of mortgagee~ etc.) and the Board of Review decision~ if applicable, when
oresented to the Clerk for recording. Request that the Clerk certify the copy_.
II. After recording~ submit one certified copy of the covenant to this office for the purposes
of comparison with the approved version. There will be no further processing of this
application by the department until the certified copy is received. If delays are encountered
with recording~ the covenant may be subject to submission of an updated title certification.
III. Must affix Suffolk County Tax Map (SCTM) numbers of all parcels affected by this
covenant to Section 4 of the Suffolk County Recording & Endorsement Page. Failure to
affix the appropriate SCTM's can result in delays, additional recording fees and delays in
obtaining Health Department Approval.
Return the certified copy to:
Suffolk County Department of Health Services
Office of Wastewater Management
360 Yaphank Avenue, Suite 2C
Yaphank, New York 11980
PLEASE INCLUDE YOUR REFERENCE NUMBER WHEN FORWARDING ANY
DOCUMENTS TO THIS OFFICE.
DIVISION OF ENVIRONMENTAL QUALITY * OFFICE OF WASTEWATER MANAGEMENT * 360 YAPHANK AVENUE, SUITE 2C ~) YAPHANK, NY $1980 e
Phone (631 } 852-5700 Fax (631) 852-5755
THIS DECLARATION made this ,~ ;"~day of September, 2006, by ARTHUR R.
TORELL, JR., residing at 377 Thomas Place, Wyckoff, New Jersey 07481, hereinafter referred to
as the DECLARANT, as the owner of premises known as Lot 67, Map of Eastern Shores at
Greenport, Section 2, Map 4426 (SCTM#1000-033.00-02.00-011.000), more fully described in
Schedule "A" annexed hereto (hereinafter referred to as the PREMISES) desires to restrict the use
and enjoyment of said PREMISES and the adjoining premises known as Lot 68, Map of Eastem
Shores at Greenport, Section 2, Map 4426 (SCTM#1000-033.00-02.00-010.000), more fully
described in Schedule "B' (the ADJOINING PREMISES), and has for such purposes determined
to impose on said PREMISES and the ADJOINING PREMISES covenants and .restrictions and
does hereby declare that said PREMISES and the ADJOINING PREMISES shall be held and shall
be conveyed subject to the following covenants and restrictions:
1. DECLARANT has made application to the Suffolk County Department of Health
Services (hereinafter referred to as the DEPARTMENT) for a permit to construct and/or approval
of plans for a single family residence, a subdivision or development of other construction project
on the PREMISES.
2. THE DECLARANT appeared before the Board of Review requesting a variance from
the residential construction standards which require sanitary systems to be located on the same
property being served, and the separation distance between leaching pools to be a minimum of
eight (8) feet; and the Board of Review of the County of Suffolk Department of Health Services
granted a variance by letter dated February 22, 2006, attached hereto and made a part hereof as
Schedule "C", requiring certain conditions, to which the DECLARANT, its successors, heirs or
assigns, agree as follows:
a)
As a condition of approval by the DEPARTMENT, of the subdivision or development
application, the DECLARANT covenants that there shall be no conveyance of any lot
unless a permanent and perpetual easement, that runs with the land, is provided for
simultaneously upon conveyance. Said easement shall be for the sanitary system located
on the ADJOINING PREMISES more fully described in Schedule B, that is serving the
PREMISES more fully described in Schedule A. Said easement, as more fully described in
Schedule "D", shall be for the placement, installation, maintenance, repair, inspection and
replacement of the sanitary system.
b)
As a further condition of approval by the DEPARTMENT, of the subdivision or
development application, the DECLARANT covenants that the dwelling on Lot 1 l shall be
limited to a single family dwelling with four (4) bedrooms only.
c)
DECLARANT, its successors, heirs or assigns, further agrees to hold harmless, indemnify
and defend the County of Suffolk, its employees, offices, or agents harmless from any
claim for damages or injuries that may arise out of the installation or use of the sewage
disposal system.
3. DECLARANT. its successors and/or assigns shall set forth these covenants, agreements
and declarations in any and all leases to occupants, tenants and/or lessees of the above described
property and shall, by their terms, subject same to the covenants and restrictions contained herein.
Failure of the DECLARANT. its successors and/or assigns to so condition the leases shall not
invalidate their automatic subjugation to the covenants and restrictions.
4. All of the coven~ and restrictions contained herein sha~e construed to be in addition
to and not in derogation or limitation upon any provisions of local, state, and federal laws,
ordinances, and/or regulations in effect at the time of execution of this agreement, or at the time
such laws, ordinances, and/or regulations may thereafter be revised, amended, or promulgated.
5. This document is made subject to the provisions of all laws required by law or by their
provisions to be incorporated herein and they are deemed to be incorporated herein and made a part
hereof, as though fully set forth.
6. The aforementioned Restrictive Covenants shall be enforceable by the County of
Suffolk, State of New York, by injunctive relief or by any other remedy in equity or at law. The
failure of said agencies or the County of Suffolk to enfome the same shall not be deemed to affect
the validity of this covenant nor to impose uny liability whatsoever upon the County of Suffolk or
any officer or employee thereof.
7. These covenants and restrictions shall mn with the land and shall be binding upon the
DECLARANT, it successors and assigns, and upon all persons or entities claiming under them, and
may be terminated, revoked or amended only with the written consent of the DEPARTMENT.
8. The declarations set forth in the WHEREAS clauses contained herein shall be deemed
and construed to be promises, covenants, and restrictions as if fully repeated and set forth herein.
9. If any section, subsection, paragraph, clause, phrase or provision of these covenants and
restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid, or
held to be unconstitutional, the same shall not affect the validity of these covenants as a whole, or
any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or
unconstitutional.
10. Local Law #32-1980 - The DECLARANT represents and warrants that he has not
offered or given any gratuity to any official, employee, or agent of Suffolk County, New York
State, or of any political party, with the purpose or intent of securing favorable treatment with
respect to the performance of an agreement, and that such person has read and is familiar with the
provisions of Local Law #32-1980.
STATE OF NEW JERSEY, COUNTY OF BERGEN: ss:
On this day of September, in the year 2006, before me, the undersigned, a Notary Public in
and for said State, personally appeared Arthur R. Torell, Jr. personally known to me or proved to
me on the basis of satisfactory evidence to the individual whose name is subscribed to the within
instrument and acknowledged to me that she executed the same in her capacity and that by her
signature on the instrument, the individual, or the person jtlhon behalf of which the individual acted,
executed the instrument.
N~ta~/r~blic -
21/c&rhdtorell ~ ~'ICHARD
DENSEL
~,~OTARY PUBLIC OF NEW JERSEY
Name:
Surveyor:
Location:
Tax Map Number:
Project Description:
Date:
Comments:
McDON rO
GEOSCIEN
Box 1000 · Soutt~old, New York 11971 * {631) 765-3677
TEST HOLE DATA SHEET
Greenport
Lot ~7
/ 7/o8
11.1'
18'
Water
Dark brown loam OL
Brown sandy clay CL
Brown clayey sand with heaVY GRAVEL SC
Pale brown fine to coasrse sand SN
Water in pale brown fine to coarse sand
encountered 11.1' below surface
SW
Test hole boring...$500.00
New York State De~8'rtment of Environmental Conservation
Division of Environmental Permits
Building 40 - SUNY, Stony Brook, NY 11790-2356
Telephone (631) 444-0364
Facsimile (631) 444-0360
Denise M. Sheehan
Acting Commissioner
November 22, 2005
Mr. Arthur R. Torell
377 Thomas Place
Wyckoff, NJ 07481
RE: 1-4738-00755/00003
Dear Permittee:
In conformance with the requirements of the State Uniform Procedures Act (Article
70, ECL) and its implementing regulations (6NYCRR, Part 621) we are enclosing your
permit. Please read all conditions carefully. If you are unable to comply with any
conditions, please contact us at the above address.
Also enclosed is a permit sign which is to be conspicuously posted at the project site
and protected from the weather.
Sincerely,
Carol A. Farkas
Environmental Analyst
CAF/Is
Enclosure
NEWARK STATE DEPARTMENT OF ENVIRONMEN'I~ONSERVATION
DEC PERMIT NUMBER I EFFECTIVE DATE
1-4738-O0755100003 I November 10, 2005
FAC,', ,P.O M.UMBER(S) PERMIT
Under the Environmental
Conservation Law
EXPIRATION DATE(S)
November 9, 2015
TYPE OF PERMIT [] New [] Renewal · Modification [] Permit to Construct [] Permit to Operate
Article 15, Title 5: Protection of Waters
[3 Article 15, Title 15: Water Supply
[] Article 15, Title 15: Water Transport
[] Article 15, Title 15: Long Island Wells
[] Article 15, Title 27: Wild, Scenic and
Recreational Rivers
[3 6NYCRR 608: Water Quality
Certification
[] Article 17. Titles 7, 8: SPDES
[] Article 19: Air Pollution Control
[3 Article 23, Title 27: Mined Land
Reclamation
· Article 24: FreshwaterWetlands
[] Article 25: Tidal Wetlands
[3 Article 27, Title 7; 6NYCRR 360:
Solid Waste Management
[] Article 27, Title 9; 6NYCRR 373:
Hazardous Waste Management
[] Article 34: Coastal Erosion
Management
[] Article 36: Floodplain Management
E3 Articles 1, 3, 17, 19, 27, 37;
6NYCRR 380: Radiation Control
PERMIT ISSUED TO
Arthur R. Torell
TELEPHONE NUMBER
(201/ 891-3043
ADDRESS OF PERMn-FEE
377 Thomas Place, Wyckoff, NJ 07481
CONTACT PERSON FOR PERMI'FrED WORK
ITELEPHONE NUMBER
NAME AND ADDRESS OF PROJECT/FACIMTY
Torell property, 365 Westwood Lane, Greenport
COUNTY TOWN
Suffolk $outhold
WATERCOURSE
FWW I.D. S0-9
NYTM COORDINATES
DESCRIPTION OF AUTHORIZED ACTIVITY:
Construct a single family dwelling, driveway and sanitary system. All work must be done in
accordance with the attached plan submitted by Peconic Surveyors on 10/4/05 and stamped
NYSDEC approved on 11/10/05.
By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance
with the ECL, all applicable regulations, the General Conditions specified (see page 2 & 3) and any Special
Conditions included as part of this permit.
PERMIT ADMINISTRATOR:
Roger Evans (CAF)
AUTHORIZED.~. G NA~. ( RE
IADDRESS
Region 1 Headquarters
Bldg. #.40, SUNY, Stony Brook, NY 11790-2356
IDATE
November 22, 2005
Page 1 of 4
W YORK STATE DEPAR3MENT OF ENVIRONMENTAL C RVATION
1. Any work, disturbance, and or storage of construction materials shall be confined to within the limit of clearing and
ground disturbance shown on the approved plan.
2. Any demolition debris, including excess construction materials and or excess excavated materials, shall be disposed
of on an approved upland site more than 100 feet from any regulated freshwater wetland by the close of business on
the day such material was generated.
3. A 4' high permanent fence chain link, stockade, or post and rail must be installed prior to the start of construction
along the limits of clearing and ground disturbance line as shown on approved plans.
4. Prior to commencement of any construction activities, a continuous row of straw bales shall be staked end to end
as shown on plans. The bales shall be maintained, repaired and replaced as often as necessary to ensure proper
function, until all disturbed areas are permanently vegetated. Sediments trapped by the bales shall be removed to an
approved upland location before the bales themselves ara removed.
5. Straw bales shall be recessed two to four inches into the ground at all times.
6. All fill shall consist of clean soil, sand and gravel that is free of the following substances: asphalt, slag, flyash, broken
concrete, demolition debris, garbage, household refuse, tires, woody materials including tree or landscape debris, and
metal objects.
7. The driveway must be surfaced with a permeable material.
8. All equipment and machinery shall be stored and safely contained greater than 100 feet landward of the regulated
wetland or waterbody at the end of each work day. This will serve to avoid the inadvertent leakage of deleterious
substances into the regulated area. Fuel or other chemical storage tanks shall be contained and located greater than
100 feet landward of the regulated wetland or waterbody at allk times. If this requirement cannot be met by the
permittee, then the storage areas must be designed to completely contain any and all potential leakage. Such a
containment system must be approved by NYSDEC staff prior to placement of equipment, machinery or tank storage
within 100 feet of the regulated wetland or waterbody.
9. All areas of soil disturbance resulting from this project shall be seeded with an appropriate perennial grass and
mulched with straw immediately upon completion of the project, within two (2) days of final grading, or by the expiration
date of this permit, whichever is first. Mulch shall be maintained until a suitable vegetative cover is established. If
seeding is impractical due to the season, a temporary mulch shall be applied and final seeding shall be performed as
soon as weather conditions favor germination and growth.
10. Suitable vegetative cover is defined as a minimum of 85% area vegetatively covered and no unvegetated areas
larger than one (1) square foot in size.
11. The permittee shall incorporate the attached Covenant (or similar language) to the deed for the property where the
project will be conducted and file it with the Clerk of Suffolk County within 30 days of the effective date of this permit.
This deed covenant shall run with the land into perpetuity. A copy of the covenanted deed or other acceptable proof
of record, along with the number assigned to this permit, shall be submitted within 90 days of the effective date of this
permit to: NYSDEC, Bureau of Habitat Regional Manager, SUNY Bldg. ~40, Stony Brook, NY 1'1790-2356
OECPERMITNUMBER PAGE 2 OF 4
1-4738-00755/00003
~ ~L CONSERVATI._.~.ON
ADDITIONAL GENERAL ~NDITIONS FOR ARTICLES 15 (TITLE 5), 24, 26, 34 AND 6NYCRR PART 608
( FRESHWATER WETLANDS )
If futura operations by the State of New York require an alteration in the position of the structure or work herein
authorized, or if, in the opinion of the Department of Environmental Conservation it shall cause unreasonable
obstruction to the free navigation of said waters or flood flows or endanger the health, safety or welfare of the people
of the State, or cause loss or destruction of the natural rasoumes of the State, the owner may be ordered by the
Department to remove or alter the structural work, obstructions, or hazards caused thereby without expense to the
State, and if, upon the expiration or revocation of this permit, the structure, fill, excavation, or other modification of
the watercourse hereby authorized shall not be completed, the owners, shall, without expense to the State, and to
such extent and in such time and manner as the Department of Environmental Conservation may require, remove
all or any portion of the uncompleted structure or fill and restora to its former condition the navigable and flood
capacity of the watemourse. No claim shall be made against the State of New York on account of any such removal
or alteration.
The State of New York shall in no case be liable for any damage or injury to the structura or work herein authorized
which may be caused by or rasult from future operations undertaken by the State for the conservation or
improvement of navigation, or for other purposes, and no claim or right to compensation shall accrue from any such
damage.
All necessary precautions shall be taken to preclude contamination of any wetland or waterway by suspended solids,
sediments, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally
deleterious materials associated with the project.
Any material dredged in the conduct of the work herein permitted shall be removed evenly, without leaving large
refuse piles, ddges across the bed of a waterway or floodplain or deep holes that may have a tendency to cause
damage to navigable channels or to the banks of a waterway.
There shall be no unreasonable interference with navigation by the work herein authorized.
If upon the expiration or revocation of this permit, the project hereby authorized has not been completed, the
applicant shall, without expense to the State, and to such extent and in such time and manner as the Department
of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore
the site to its former condition. No claim shall be made against the State of New York on account of any such
removal or alteration.
If granted under 6NYCRR Part 608, the NYS Department of Environmental Conservation hereby certifies that the
subject project will not contravene effluent limitations or other limitations or standards under Sections 301,302,303,
306 and 307 of the Clean Water Act of 1977 (PL 95-217) provided that all of the conditions listed herein are met.
At least 48 hours prior to commencement of the project, the permittee and contractor shall sign and return the top
portion of the enclosed notification form certifying that they are fully aware of and understand all terms and
conditions of this permit. Within 30 days of completion of project, the bottom portion of the form must also be
signed and raturned, along with photographs of the completed work and, if required, a survey.
All activities authorized by this permit must be in strict conformance with the approved plans submitted by the
applicant or his agent as part of the permit application.
Such approved survey was prepared by Peconic Surveyors on 10/4/05.
DEC PERMIT NUMBER
1-4738-00755/00003
PAGE 3 OF 4
Item A: Permlttse Accepts Legal Responsibility and Agrees to Indemnification
The permittee, excepting state or federal agencies, expressly agrees to indemnity and hold harmless the Department
of Environmental Conservation of the State of New York, its representatives, employees, and agents ("DEC") for all claims,
suits, actions, and damages, to the extent attributable to the permittee's acts or omissions in connection with the permittee's
undertaking of activities in connection with, or operation and maintenance of, the facility or facilities authorized by the p~rmit
whether in compliance or not in compliance with the terms and conditions of the permit. This indemnification does not
extend to any claims, suits, actions, or damages to the extent attributable to DEC's own negligent or intentional acts or
omissions, or to any claims, suits or actions naming the DEC and adsing under article 78 of the New York Civil Practice
Laws and Rules or any citizen suit or civil rights provision under federal or state laws.
Item B: Permlttee'a Contractors to Comply with Permit
The permittee is responsible for informing its independent contractors, employees, agents and assigns of their
rasponsibility to comply with this permit, including all special conditions while acting as the permittee's agent with respect
to the permitted activities, and such persons shall be subject to the same sanctions for violations of the Environmental
Conservation Law as those prescribed for the permittee.
item C: Permlttee Responsible for Obtaining Other Required Permits
The permittee is responsible for obtaining any other permits, approvals, lands, easements and rights-of-way that may
be required to carry out the activities that are authorized by this permit.
Item D: No Right to Trespass or Interfere with Riparian Rights
This permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights of
others in order to perform the permitted work nor does it authorize the impairment of any rights, title, or interest in real or
personal property held or vested in a person not a party to the permit.
GENERAL CONDITIONS
General Condition 1: Facility Inspection by the Department
The permitted site or facility, including relevant records, is subject to inspection at reasonable hours and intervals by an
authorized representative of the Department of Environmental Conservation (the Department) to determine whether the
permittee is complying with this permit and the ECL. Such representative may order the work suspended pursuant to ECL
71-0301 and SAPA 401(3).
The permittee shall provide a person to accompany the Department's representative during an inspection to the permit
area when requested by the Department.
A copy of this permit, including all referenced maps, drawings and special conditions, must be available for inspection
by the Department at all times at the project site or facility. Failure to produce a ~:opy of the permit upon request by a
Department representative is a violation of this permit.
General Condition 2: Relationship of this Permit to Other Department Orders and Determinations
Unless expressly provided for by the Department, issuance of this permit does not modity, supersede or rescind any
order or determination previously issued by the Department or any of the terms, conditions or requirements contained in
such order or determination.
General Condition 3: Applications for Permit Renewals or Modifications
The permittee must submit a separate written application to the Department for renewal, modification or transfer of this
permit. Such application must include any forms or supplemental information the Department requires. Any renewal,
modification or transfer granted by the Department must be in writing.
The permittee must submit a renewal application at least:
a) 180 days before expiration of permits for State Pollutant Discharge Elimination System (SPDES), Hazardous
Waste Management Facilities (HWMF), major Air Pollution Control (APC) and Solid Waste Management
Facilities (SWMF); and
b) 30 days before expiration of all other permit types.
Submission of applications for permit renewal or modification are to be submitted to:
NYSDEC Regional Permit Administrator, Region 1, SUNY Bldg #40, Stony Brook, NY 11790-2356
General Condition 4: Permit Modifications, Suspensions and Revocations by the Department
The Department reserves the right to modify, suspend or revoke this permit in accordance with 6 NYCRR Part 621. The grounds
for modification, suspension or revocation include:
a) materially false or inaccurate statements in the permit application or supporting papers;
b) failure by the permittee to comply with any terms or conditions of the permit;
c) exceeding the scope of the project as described in the permit application;
d) newly discovered material information or a matedal change in envimnrnental conditions, relevant technology or applicable
law or regulations since the issuance of the existing permit;
e) noncompliance with previously issued permit conditions, orders of the commissioner, any provisions of the Environmental
Consen/ation Law or regulations of the Department related to the permitted activity.
DEC PERMIT NUMBER
1-4738-00755/00003 PAGE 4 OF 4
:RESTRICTIVE COVENANT TO THE DEED
DECLARATION
TI[IS DECLARATION, dated day of ,200 , is made by · (hereina~er the "Declarant"), whose address is
WITNESSETH
WHEREAS, the Declarant is the owner of certain real property located in the Town of
Southold, County of Suffolk, State of New York~ Tax Map # District 1000, Section 33, Block 2,
Lot(s) 10 and 11 which real property is more particularly described in Exhibit A annexed hereto
(hereinafter referred to as the "Property"); and
"This covenant shall serve as notification that regulated freshwater wetland # SO-9, is located on or near
the properties of Arthur Torell and his, her, their heirs, assigns or successors and is therefore
subject to current environmental conservation laws regarding the conduct of regulated activities
on such property."
"Whereas, it is the responsibility of the owner of the property to obtain a current description of all
regulated activities from the New York State Depa, tment of Environmental Conservation
CNYSDEC") or its successor organization for the purpose of determining what is considered a
regulated activity. Performance of any regulated activity will require prior approval by the
NYSDEC or its successor."
"Whereas, the area landward of the wetland boundary as shown on the attached survey and described
as all areas south of the limits of clearing, grading and ground disturbance line, will be preserved
and will remain undisturbed and in natural vegetation in peq~etuity. Only a 4' wide access path
may be cleared. The following activities in the preserved area are specifically prohibited:
clearing or cutting of vegetation, application of chemicals, excavation, grading, filling,
construction, erection of any structures, and use of the area for the storage of materials or debris.
'°The foregoing covenants shall run with the land and are binding on this owner and his heirs and
assigns, forever"
Any violation of these restrictions, covenants, and agreements shall cause the violator, in
addition to any frees, penalties, and/or forfeitures prescribed by law, to pay for any and all
reasonable legal fees and expenses incurred by any party in enforcing the covenants, restrictions,
and agreements contained herein.
Failure to comply with the filing of the above covenant and restrictions may result in
permit revocation and/or the assessment of financial penalties against the applicant.
New York State
Department of Environmental Conservation
NOTICE
The Department of Environmental Conservation (DEC) has
issued permit(s) pursuant to the Environmental Conservation
Law for work being conducted at this site. For further
information regarding the nature and extent of the approved
work and any Department conditions applied to the approval,.
contact the Regional Permit Administrator listed below. Please
refer to the permit number shown when contacting the DEC.
Permit Number
Expiration Date
Regional Permit Administrator
JOHN ~,~/. ?AVACiC
NOTE: This notice is NOT a permit
DECLARATION
THIS DECLARATION, dated 26th day of June ,2006 , is made by Arthur
Torel 1, Jr,. (hereinafter the "Declarant"), whose address is 377 Thomas Place, Wyckoff,
NJ 07481
WITNESSETH
WHEREAS, the Declarant is the owner of certain real property located in the Town of
Southold, County of Suffolk, State of New York, Tax Map # District 1000, Section 33, Block 2,
Lot(s) 10 and 11 which real property is more particularly described in Exhibit A annexed hereto
(hereinafter referred to as the "Property"); and
"This covenant shall serve as noJ;ification that regulated freshwater wetland # SO-9, is located on or near
the properties of Arthur~'rorelg~ql~d his, her, their heirs, assigns or successors and is therefore
subject to current environmental conservation laws regarding the conduct of regulated activities
on such property."
"Whereas, it is the responsibility of the owner of the property to obtain a current description of all
regulated activities from the New York State Department of Environmental Conservation
CNYSDEC') or its successor organization for the purpose of determining what is considered a
regulated activity. Performance of any regulated activity will require prior approval by the
NYSDEC or its successor."
"Whereas, the area landward of the wetland boundary as shown on the attached survey and described
as all areas south of the limits of clearing, grading and ground disturbance line, will be preserved
and will remain undisturbed and in natural vegetation in perpetuity. Only a 4' wide access path
may be cleared. The following activities in the preserved area are specifically prohibited:
clearing or cutting of vegetation, application of chemicals, excavation, grading, filling,
construction, erection of any structures, and use of the area for the storage of materials or debris.
"The foregoing covenants shall mn with the land and are binding on this owner and his heirs and
assigns, forever'
Any violation of these restrictions, covenants, and agreements shall cause the violator, in
addition to any frees, penalties, and/or forfeitures prescribed by law, to pay for any and all
reasonable legal fees and expenses incurred by any party in enforcing the covenants, restrictions,
and agreements contained herein.
STATE OF NEW YORK, COUNTY OF SUFFOLK, ss.:
On June 26, in the year 2006, before me, the undersigned, a Notary Public in and for said
State, personally appeared Arthur ]~ Torell, Jr. , personally known to
me or proved to me on the basis of satisfactory evidence that he executed the same in his
capacity and that by his signature on the instrument, the individual, or the person or entity
upon behalf of which the individual acted, executed the instrument.
/ Iklo~ry PulJlic
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: DECLARATION/DOP
Nulmber of Pages: 4
Receipt Number : 06-00.64009
District: Section: Block:
1000 033.00 02.00
EXAMINED AND CHARGED AS FOLLOWS
Received the Followin9 Fees For Above Instru~aent
Exempt
Pa~e/Filin9 $12.00 NO Handlin9
COE $5.00 NO N-MS SRCHG
TP-584 $0.00 NO Notation
Cert. Copies $5.00 NO RPT
SCTM $0.00 NO
Fees Paid
THIS
Recorded:
At:
06/30/2006
03:24:23 PM
PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
LIBER:
PAGE:
Lot:
010.000
$5.00
$15.00
$0.00
$5o.00
$92.00
D00012457
647
Exempt
NO
NO
NO
NO
Judith A. Pascale
County Clerk, Suffolk County
4
COPY OFCOVENANT REQUIRED
BY SCHDAND UPDATEDTITLE
SEARCH
I CAN REQUEST ALL DOCUMENTS FROM
THE LAW OFFICE AND TITLE COMPANY IF
NEEDED. I MAY HAVE ADDITIONAL HOWEVER
I KNOW I DID NOT GET A COPY OF EVERY-
THING AS REQUESTED,
'Y OF SUFFOLK
iTEYE LEVY
COUNTY EXECUTIVE
DAVID G. GRAHAM, M.D,, M.P,H.
ACTING COMMISSIONER
Abigail A. Wickham
Wickham, Bressler, Gordon & Geasa, P.c.
PO Box 1424
Mattituck, NY 11952
Re: H. D. Ref. # S10-05-0004; Homestead Acres Homes
Please be advised that the proposed covenant you submitted has been reviewed and approved by
the County Attorney. In order to continue processing the above referenced application, this
office requires a recorded covenant.
Take the original and one copy of the covenant to the Real Property Tax Service Agency on
the second floor of the Riverhead County Center. The Real Property Tax Service Agency will
verify the legal description and tax map number.
I. After verification, submit the original and one copy to the County Clerk's Office (first
floor) for recording. The covenant must be complete with all Schedules (description of
property~ consent of mortgagee~ etc.) and the Board of Review decision~ if applicable, when
presented to the Clerk for recording. Request that the Clerk certify the copy:
[I. After recording~ submit one certified copy of the covenant to this office for the purposes
of comparison with the approved version. There will be no further processing of this
application by the department until the certified copy is received. If delays are encountered
with recording~ the covenant may be subject to submission of an updated title certification.
IH. Must affix Suffolk County Tax Map (SCTM) numbers of all laarcels affected by this
covenant to Section 4 of the Suffolk County Recording & Endorsement Page. Failure to
affix the appropriate SCTM's can result in delays, additional recording fees and delays in
obtaining Health Department Approval.
Return the certified copy to:
Suffolk County Department of Health Services
Office of Wastewater Management
360 Yaphank Avenue, Suite 2C
Yaphank, New York 11980
PLEASE INCLUDE YOUR REFERENCE NUMBER WHEN FORWARDING ANY
DOCUMENTS TO THIS OFFICE.
DIVISION OF ENVIRONMENTAL QUALITY * OFFICE OF WASTEWATER MANAGEMENT * 360 YAPHANK AVENUE, SUfTE 2C * YAPHANK, NY 11980
Phone (831) 852-5700 Fax (531) 852-5755
[DEPARTMENT OF HEALTH SERVICES
October 27, 2006
COUNTY OF SUFFOLK
STEVE LEVY
SUFFOLK COUNTY EXECUTIVE
0AVID G, GRAHAM, M,D. M.P,H.
ACTING COMMISSIONER
Abigail A. Wickham
Wickham, Bressler, Gordon & Geasa, P.c.
PO Box 1424
Mattituck, NY 11952
Re: H. D. Ref. # S10-05-0004; Homestead Acres Homes
Please be advised that the proposed covenant you submitted has been reviewed and approved by
the County Attorney. In order to continue processing the above referenced application, this
office requires a recorded covenant.
Take the original and one copy of the covenant to the Real Property Tax Service Agency on
the second floor of the Riverhead County Center. The Real Property Tax Service Agency will
verify the legal description and tax map number.
[. After verification, submit the original and one copy to the County Clerk's Office (first
floor) for recording. The covenant must be complete with all Schedules (description of
property~ consent of mortgagee~ etc.) and the Board of Review decision, if applicable~ when
nresented to the Clerk for recording. Request that the Clerk certify the copy:
1I. After recording~ submit one certified copy of the covenant to this office for the purposes
of comparison with the approved version. There will be no further processing of this
application by the department until the certified copy is received. If delays are encountered
with recording~ the covenant may be subiect to submission of an updated title certification.
Ill. Must affix Suffolk County Tax Map (SCTM) numbers of all parcels affected by this
covenant to Section 4 of the Suffolk County Recording & Endorsement Page. Failure to
affix the appropriate SCTM's can result in delays, additional recording fees and delays in
obtaining Health Department Approval.
Return the certified copy to:
Suffolk County Department of Health Services
Office of Wastewater Management
360 Yaphank Avenue, Suite 2C
Yaphank, New York 11980
PLEASE INCLUDE YOUR REFERENCE NUMBER WHEN FORWARDING ANY
DOCUMENTS TO THIS OFFICE.
* DIVISION OF ENVIRONMENTAL QUALITY * OFFICE OF WASTEWATER MANAGEMENT * 360 YAPHANK AVENUE, SUITE 2C * YAPHANK, NY 11980 *
Phone (631) 852-5700 Fax (631) 852-5755
DECLARATION
TI[IS DECLARATION, dated 26th day of ,June , 2006 , is made by Arthur
~°rell,J~,-(hereinagter the "Declarant"), whose address is 377 Thomas Place, Wyckoff,
NJ 07481
WITNESSETIt
WHEREAS, the Declarant is the owner of certain real property located in the Town of
Southold, County of Suffolk, State of New York, Tax Map # District 1000, Section 33, Block 2,
Lot(s) 10 and 11 which real property is more particularly described in Exhibit A annexed hereto
(hereinat~er referred to as the "Property"); and
"This covenant shall serve as nolification that regulated freshwater wetland # SO-9, is located on or near
the properties of Arthur~rorelY~d his, her, their heirs, assigns or successors and is therefore
subject to current environmental conservation laws regarding the conduct of regulated activities
on such property."
"Whereas, it is the responsibility of the owner of the property to obtain a current description of all
regulated activities from the New York State Depat hnent of Environmental Conservation
CNYSDEC") or its successor organization for the purpose of determining what is considered a
regulated activity. Performance of any regulated activity will require prior approval by the
NYSDEC or its successor."
"Whereas, the area landward of the wetland boundary as shown on the attached survey and described
as all areas south of the limits of clearing, grading and ground disturbance line, will be preserved
and will remain undisturbed and in natural vegetation in perpetuity. Only a 4' wide access path
may be cleared. The following activities in the preserved area are specifically prohibited:
cleating or cutting of vegetation, application of chemicals, excavation, grading, filling,
construction, erection of any structures, and use of the area for the storage of materials or debris.
"The foregoing covenants shall run with the land and are binding on this owner and his he/rs and
assigns, forever"
Any violation of these restrictions, covenants, and agreements shall cause the violator, in
addition to any lines, penalties, and/or forfeitures prescribed by law, to pay for any and all
reasonable legal fees and expenses incurred by any party in enforcing the covenants, restrictions,
and agreements contained herein.
Arthur ~, Torell,
STATE OF NEW YORK, COUNTY OF SUFFOLK, ss.:
On June 26, in the year 2006, before me, the undersigned, a Notary Public in and for said
State, personally appeared Arthur '~,, Torell, Jr. , personally known to
me or proved to me on the basis of satisfactory evidence that he executed the same in his
capacity and that by his signature on the instrument, the individual, or the person or entity
upon behalf of which the individual acted, executed the instrument.
GQNSULT YOUR L~WYI~ BI~OIW II~E, HINE~ .T~IR,IIEIllWINT-THIS !Nl~ll4T ~HOUW 1! VI.lO IY ~L~/~V~IU! ONLY
TI'IlS INDF~N'I'UI~, made the 24th day of April , n~netee~ hundred and seventy-one
BETW~.N
H.J.S. LAND & D~VELOPMENT CORP., a corporation organized under and
existing by virtue of the business corporation law of the Stats of
New York, having its principal office at Middle Road (no number),
Greenport, New York 11944,
~er~ o£ the fr~ ~d, and
ARTHUR R. TOBELL, JR., residing at 460 Anthony Street, Oceanside,
New York, 11572,
party of the second part,
WITN~S~{I'H, that the p~rty of the first p~r~, in consideration of
Ten ($10.00) .................................................
~'llawfulmoneyoftheUnltedSmtes, and other good and valuable consideration paid
~L ~t ~n plot, pi~ or ~r~ of~d, ~~~~, ~i~t~,
ly~ ~d ~i~ ~ near Greenport Village, T~ of Southold, County of
Suffolk and State of New York and designated as Lots No. 67 and 68 on a
certain map entitled "Map of Eastern Shores at Greenport, Section ~o ,
filed in the office of the Clerk of the County of Suffolk on AUgUSt 10,
1965'.as ~p. No. 4426.
~G~T~R WI~ beach rights and ac~ss thereto ms described in
grant ~de by H.J.S. Land & Develop~nt Corp. and J.M.S. ~nd &
~velo~t Co~. to Easte~ Shores, Inc., dated the 17th day o~
March, 1965 and recorded in the Suffolk County Clerk's office on
~rch 18, 1965 in Liber 5716 at page 16.
SU~ECT ~ Covenants and restrictions sho~ on list attached
hereto and hereby ~de a part hereof.
T~S CO~Y~CE is ~de in ~e regular course of business
actually conducted by the party of the first part.
TO~ETHE~ with aU eight, ~e ~d ~ter~t. if ~, o~ ~e ~ of ~e first ~ in ~d tb ~y str~s ~d
~ds ~ng ~e a~ve descried p~s to ~e ~er l~es ~ereof,
~ wi~ ~e a~s ~d ~l ~e ~e ~d ~gh~ of ~e ~ o~ the first ~rt ~n ~d
~d p~is~,
~ ~VE ~ ~ HO~ ~e p~is~ h~ ~ted ~to ~e ~ of ~e ~d ~, ~e heirs
su~so~ ~d ~i~s of ~e ~ of ~e ~d ~ foyer.
AND the:Italy of the first'part cove~ts~thsf ~he party of the first part has not done or suffered anything
whereby the saki premises have been incumbered in any way whatever, except as aforesaid.
AND the party ot the first part, in compliance with Section 13 of the Lien Law, covenants that the party of
the first part will receive the c~nsideration for this conveyance and will hold the right to receive such consid-
eratlon as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply
the same first to the payment of the cost of the improvement before using any part of the total of the same for
any other purpose.
The word "party" sh~ be construed as if it md "part, es' whenever the ~ense of this indmture so requires.
IN ~VITN~.~ W~'~.~,F...OF, the paxty of the first part has du~y executed this deed the day and year first above
by:
H.J.S. Land & Development Corp.
W. Morgan, ~easurer
STARE OP NEW YOltlr, ~OUN~' O~ SSz
On the day of 19 , ~fo~ me
to me ~o~ ~ ~ ~e ~d~ d~ h ~d who
ex~ut~ ~e fo~ ~t, ~d a~l~ ~t
~t~ ~e ~e.
Ontha24th dayof April 1971, beforeme
per~ona)iy ~me. ~har~es ~.. Morqa~.
~y that he ~ldes at No~Ja ~son Street,
~Ne~ ~u~folk, N.Y. 11956
, ~e ~tl~ d~H~d
in and whi~ ~t~ ~e fo~ing hstmm~t; ~t he ,
knows ~e s~ of ~d ~tl~l ~t ~e
m ~d inst~m~t is ~ch ~mte ~;
a~ by o~er of ~e ~ ed di~ of ~d m~-
fion, and ~at ~ed ~8~ ~e~o
On the day of 19 , before me
personally c~me
to me known to be the individual described in and who
xecuted the fom-~olng instrument, and acknowledged that
TAT[ OP NIW YORJ~ ¢OUNTV OF
SSI
On the day of 19 , before me
pernanally crime ,
the subacrlb~ng witness to the foregoing instrument, with
whom I am personally scqtminted, who. being_by me duly
sworn, did delmse and say that be resides atflo.
that he knows
to be the individual
described in and who executed the foregoing instrument;
that he, said subscribing witness, was present and
execute the same; and that he, said witness,
snme time subscribed h nnme as witness thereto.
Bargain
H.J.S. ~nd & ~velop~nt Corp..
TO
Arthur R. Torell, Jr.
szc'nos Chlc8£o Titl~ insurance Com~
·
COUNT~ OR TOW~ Southold
RECORD AND RETURN TO
Dominic T. Aurichio Esq.
434 Main Street
Greenports New York 11944
COVENANTS AND RESTRICTIONS
EASTERN SHORES, INC. AT GREENPORT, NEW YORK
I. That only one single famiIy dwelling house for residential purposes, with a private garage attached
thereto for family use only, shall be built on these premises. No occupancy of any such dwelling house shall
be permitted until the outside and the roof shall be fully and completely finished and painted. No trailer,
tents or camping shall be permitted.
2. That no building, structure or structures shall be erected or maintained at a height in excess of two
stories, and that all roofs shall be of the hip, gable or pitch roof type construction. All buildings shall be erected
on dosed foundations of poured concrete or cement blocks, and no buildings on posts shall be permitted. No
flat roofs or lean-to roofs shall be permitted. There shall be no outside storage of boats or commercla[ vehicles
on any lot.
3. That no dwelling bouse, exclusive of garage, shall be erected on said prem scs whicb shall contain
less than Twe].xte Htlr~dlt6c~square feet of living area on the ground floor. All roofs shall be of asbestos,
cedar or composition shingle aud no roof shall be laid down with rolled roofing. All pans and specifications
shall be subject to the approval of the party of the f rst part, and in writing. Such ~proval shall not be un-
reasonably withheld.
4. No trade, craft, bnsiness, manufacture, industry, commerce or profession (medical, dental and legal
professions permitted) including hotels, boarding and rooming houses, shall be conducted on said premises.
5. No nuisances nor noises of any kind, unwholesome and offensive to the neighborhood, shall be per-
mitted to exist on said premises, nor shall any accuznulation of rubbish, garbage, junk or materials of any
kind he permitted to remain on said premises. No advertising signs, billboards or other sign devices shall be
permitted on any of said lots, excepting a developer's sign of reasonable dimensions, or a "for sale" or "for
rent" sign not larger than 12" x 24".
6. No fowl, poultry, animals or livestock shall be kept on said premises except domestic household pets.
Pets shall be limited in number to two except by special permission of the grantor herein.
7. Exterior clothes lines shall be installed in a manner that will detract to a minimum from the appear-
ance of the neigbborhood and with due consideration for the aesthetic value thereof.
8. There shall be no outside toilets or outhouses erected upon said premises. Adequate septic tanks
or cesspools shall be erected and maintained on said premises for sewage disposal in conformity with the re-
quirements of the Suffolk County ttealth Department. Ail cesspools shall be located in the front yard area of
each lot.
9. Said premises shall be subiect to electric, electric light, gas, water, T.V. and telephone easements
on the surface or below the surface along the roadway or lane adjacent to said premises.
I0. No sand, earth or sod shall be removed from the premises, or excavation be allowed to remain open~
thereon, except as may be necessary during building construction periods. Individual lot grading shall be com-
pleted before occupancy.
11. No fence shall be erected or maintained on any lot over four feet in height. Fences shall be picket,
ranch type, privit or evergreen only. b/o fencing whatever shall be erected or grown in that area of the front
yard of eacb plot which is forward of a line established by extending the front llne of the house to eacb side-
line of the plot. On corner properties this restriction shall apply to the yard area facing both streets.
12. No titIe in and to the hed of any private road on said tract of land bordering said premises is herein
conveyed to the grantee. The grantor retains the said title, and also the right to dedicate and convey the said
title to the Town of $outhold, or to the Village of Greenport, or in its sole discretion, to convey said title to
an association of owners of Iots of said tract.
13. The said covenants and restrictions are hereby declared to be covenants and restrictions attached
to and running with the land, and shall expire on January 1, 1984, except that any or all of the above cove-
nants and restrictions may be modified, altered or anuulled as to lhe premises described herein or as to any
other neighboring property now or formerly owned by the grantor at any time by written agreement by and
between the grantor, its dlstributees or assigns, and the then owner for the time being of the premises upou
which it is agreed to amend, alter or annul such covenants and restrictions and such agreement shall be ef-
fectual to modify, alter or annul such restrictions as to said premises without consent of the owner or owners
of any adjacent premises or any other neighboring premises, now or formerly owned by the grantor, or of any
other party or mortgagee holding any interest in the said premises.
/_'
¸Ii
APPLICANT'S PROJECT DESCRIPTION
(For ZBA Reference)
Applicant:Y~7-/7/~'/~. ~ 7t3 REL/-~ Date Prepared: ~4
I. For Demolition of Existing Building Areas
Please describe areas being removed:
II. New Construction Areas (New Dw.elling or Ne',y Additions/Extensions):
Dimensions of first floor extension:/'~u,~'
Dimensions of new second floor: /qO~/..F
Dimensions of floor above second level:
Height (from finished ground to top of ridge):
ls basement or lowest floor area being constructed? If yes, please provide height (above ground)
measured from natural existing grade to first floor: ,~::~.
III. Proposed Construction Description (Alterations or Structural Changes)
(attach extra sheet if necessary) - Please describe building areas:
Nnmber of Floors and General Characteristics BEFORE Alterations:
Number of Floors and Changes W1TH Alterations:
IV. Calculations of building areas and lot coverage (from surveyor):
Existing square footage of buildings on your property:
Proposed increase of building coverage:
Square footage of your lot: ~/~:~ ,~'. ~'~ . ~ '~ ~td~*~ ~' D~767~ (.
Percentage of coverage of your lot by }~/uilding are({: (Og:~/O ~ .~-,~,
V. Purpose ofNew Construction: ~//J~ ~i~ ,~'t~eT~ ,~tt~'S/y
TO BUILD A SINGLE FAMILY HOME FOR MY FAMILY AND GRANDCHILDREN
VI. Please describe the land contours (flat, slope %, heavily ~vooded, marsh area, etc.) on your land
and how it relates to the difficulty in meeting the code requirement(s):
THE PROPERTY iS SLIGHTLY SLOPED TOWARDS THE WETLANDS AND CLEARED OF THORN BUSHES AND TALL WEEDS IN ORDER TO
ACCESS THE BUILDING SITE BY THE TOWN TRUSTEES AND SURVEYORS. TREES WERE DISCRETELY REMOVED iN 1993 BY K.DICKERSON
WITH APPROVAL OF SOUTHOLD AGENCIES (ALL PERMITS WERE IN PLACE FOR CONSTRUCTION ).THE FIRST DEC DELINEATION BY
R.JACOBSON ON 9-8-1992 SHOWS THE WETLANDS AREA EXACTLY AS DELINEATED BY THE DEC ON 1-13-2804.
THE AVAILABLE BUILDING AREA HAS ALWAYS BEEN DICTATED BY THIS WETLAND BOUNDARY PLACING CONSTRAINTS ON THE HOUSE
SHAPE AND POSITION ON BUILDING LOT 67.
I AM PROPOSING TO TAKE LAND FROM LOT 68 FOR THE PURPOSE OF SITUATING BOTH THE NARROW HOUSE AND SANITARY SYSTEM
FARTHER FROM THE WETLANDS THAN I WOULD BE ABLE TO ON THE EXISTING SUB DIVISION PARCEL.
Please submit seven (7) photos, labeled to sho~v different angles of yard areas alter staking corners
for new construction), and photos of building area to be altered with yard view.
7,/2002: 2/2005:1/2007
LWRP CONSISTENCY ASSESSMENT FORM
INSTRUCTIONS
All applicants tbr pemfits* including Town of Southold agencies, shall complete this CCAF for
proposed actions that are subject to the Town of Southokl Watcrfi'ont Consistency Review Law. This
assessment is iutended to supplement other informatitm used by a Town of Southold agency iu
lnaking a determination of consistency. *Exccpt min~,' cxcmlv attbvt.v including Buil,lin.~ Permits
and (error ministerial permits not located ;*ithin thc ( 'od3t~tl /t'rt~xl(m [Ll2ttrd .Ir'cd.
Betk)re attswefing tire questions in Section C, thc preparer of this tbrm should review thc exempt
~ninor action list, policies and explmmtions of each pplicy contained in the Town of Southold Local
Waterfront Revitalization Program. A proposed action will be evahtated as to its sig;fificant
beneficial and adverse effects upon the coastal area (which iHcludes all of Southold Town).
If'any question in Section C on this form is answered ">'es", then the proposed action may affect the
aclfievement of the LWRP policy standards and conditions contained in the consistency review law.
Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a
determination that it is consistent to the maximum extent practicable with the LWRP policy
standards and conditions. If an action cammt be certified as consistent with the LWRP policy
standards and conditions, it shall not be tmdertaken.
A copy of the LWRP is available in the tbllowing places: onliue at the Town of Southold's website
(southoldtown.northfork.net), the Board of Trustees Office, the Phuming Department, all local
libraries and the Town Clerk's office.
DESCRIPTION OF SITE AND PROPOSED ACTION
SCTM./ooo
The Application has been submitted to (check appropriate response):
TownBoard [~ PlanningBoard[-~ BuildingOept. ~ BoardofTrustees
Category of Town of Southold agency action (check appropriate response):
(a) Action undertaken directly by Town agency (e.g. capital
construction, planning activity, agency regulation, land traDsaction) [--]
(b) Financial assistance (e.g. grant, loan, subsidy)
Pemrit, approval, license, c,.,tit~cation.
Natnrc and extent of action:
BUILDING DEPARTMENT- PERMIT APPLICATION DISAPPROVED JANUARY 22,2008
SOUTHOLD TRUSTEES - PERMIT APPLICATION BEING REVIEWED,HOUSE POSITION ON LOT CHANGED NUMEROUS TIMES IN ORDER
TO FOLLOW TRUSTEES SUGGESTIONS.
MODIFICATION TO DRAWING FOR LOT LINE CHANGE AND REAR YARD VARIANCE- SURVEY MAP JANUARY 24,2008 WAS MADE BY
PROPERTY OWNER IN ODER TO POSITION THE HOUSE AS FAR AS POSSIBLE FROM THE WETLANDS AND MAINTAIN A 20,00sq ft LOT
SIZE FOR PROPERTY 68 FOLLOWtNG THE SCHD RECOMMENDATION.
THE PROPERTY WILL BE CLEARED BYA LICENSED CONTRACTOR WITH EXTENSIVE EXPERIENCE DEALING WITH WETLAND PROPERTIES
K.DiCKERSON THE SITE HAS BEEN STUDIED BY THE EXCAVATOR AND FOUNDATION COMPANYANO ALLARE IN AGREEMENT TO USE
ONLY WIDE TRACK EQUIPMENT ie: SKID STEER, AND WIDE TRACK EXCAVATOR AND BACK FiLL EQUIPMENT A VERY LIMITED AREA WILL
BE CLEARED OF TREES ON LOT 68 IN ORDER TO ACCESS THE FOUNDATION AREA AND PARK EQUIPMENT AND A DUMPSTER DURING
EXCAVATION AND BUILDING CONSTRUCTION ALL PROPOSED AREA ro BE CLEARED WILL BE REVIEWED PRIOR TO ANY CONTRACTOR
WORKING ON THE SITE.
Site acreage:_~g [
Present land use:_ F~)~F~Zd~
Present zoniDg classification:
If an application lbr thc propt,sed actitm has been tiled with thc Town of Sot~thold agcnc)', thc I: IIoxxmg
inlbrmation shall bc pro~ idcd:
(c) Telepbonenumber: AreaCode( ) .,,n~/'_ ~'/'
(d) Application Dumber, if any:
Will the action be directly undertaken, require funding, or approval by a state or federal agency?
Yes ~-~ NoJ~ If },'cs, which state or federal agency?
C. DEVELOPED COAST POLICY
Policy 1. Foster a pattern of development in the Town of Southoid that enhances community character,
preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and
minimizes adverse effects o£ development. See LWRP Section IIl- Policies; Page 2 for evalnation
criteria.
[-'~Yes [---] No ~ Not Aplflicable
COVENANT RESTRICTIONS FROM THE DEC AND SCHD OD NOTALLOW FOR GRASS, FERTILIZERS. FUNGICIDES OR PESTICIDES ON
THE PROPERTY. THE LANDSCAPE WILL BE MAINTAINED AS A NATURAL SE3-FING INSURING ONLY CLEAN NATURAL PRECIPITATION
WILL FILTER INTO THE SOIL AND BECOME PART OF THE WATER TABLE. THE DRIVEWAY AND PATIO AREAS WILL ALL BE PERVIOUS
MATERIAL AND ALLOW FOR ADDITIONAL DRAINAGE.
Policy 2. Protect and preserve historic and archaeological resources ol'me T ~n of Southohl See I~XVRP
Section II1- Policiesl')~ges 3 through 6 for evaluatioa criteria
~ Yes ~ No~1~ Not Al)l)licable
THE HiSTORiC CHARACTER OF THE NORTH FORK WAS A SIGNiFiCANT FACTOR IN MY DECISION TO RELOCATE TO THE AREA
I INTEND TO JOIN THE HISTORICAL SOCIETIES AND BECOME AN ACTIVE VOLUNTEER IN ALL ASPECTS OF THEIR WORK
Attach additional sheets if necessary
Policy 3. Enhance visual quality and protect scenic resources throughout the Town of South01d. See
LWIRP Section III - Policies Pages 6 through 7 for evaluation criteria
~ Yes ~ No~NotApplical, le
I INTEND TO PRESERVE THE VISUAL QUALI~ OF THE AREA BY BUILDING A HOME THAT IS AVERAGE IN SIZE, COLONIAL IN DESIGN AND
GRAY/GREEN IN COLOR. THIS SIMPLE DESIGN WILL BLEND WITH THE W~DED ~NDSCAPE FROM EVERY POINT OF VIEW.
THE DEC COVENANT REQUIRES A FENCE THAT PROTECTS THE ~NDS AREA ON THE WES~D ~NE SIDE OF THE PROPER~
I WiLL REVIEW P~CEMENT AND SIZE OF ~E FENCE WITH ~E TOWN .~E FENCE WILL BE W~D - ALL NATURAL VEG~ATION WILL
REMAIN ON BO~ SIDES OF THE FENCE. ADDITIONAL ENDANGERED ~T~NDS P~NTS MAYBE P~NTED INSIDE THE FENCE IF THE
DEC APPROVES SUCH ACTION.
NATURAL COAST POLICIES
Policy 4. Minimize loss of life, structures, and uatural resom'ccs from flooding and erosion. See LWRP
Section ill - Policies Pages 8 through 16 for evaluation criteria
Yes No ~ Not Applicable
THE DEC AND SCHD HAVE REVIEWED THE PROPERTY SURVEY PLANS AND ISSUED PERMITS BASED ON A DETERMINATION THAT THE
DWELLING AND SANITARY SYSTEM HAVE NO NEGATIVE IMPACT ON THE WETLANDS OR ENVIRONMENT IF COVENANTS ARE FOLLOWED.
THESE PERMITS WERE ISSUED WITH THE UNDERSTANDING THE DWELLING IS AS FAR AWAY FROM THE WETLANDS AS POSSIBLE DUE
TO NATURAL CONSTRAINTS OF THE SUB DIVISION BUILDING LOT. THE DEC REQUESTED THE EASEMENT FOR THE LEACHING POOLS AS
A WAY OF MOVING THE POOLS FURTHER AWAY FROM THE WETLANDS. BOTH THE DEC AND SCHD APPROVED PERMITS WITH A
DWELLING 19 ' FROM THE WETLANDS.
IN ORDER TO ACCOMMODATE CONCERNS FROM THE TRUSTEES I AM REQUESTING A LOT LINE CHANGE AND VARIANCE IN ORDER
TO ADD 50 '~ MORE DISTANCE FROM THE WETLANDS.I HAVE ALSO INCREASED THE DRYVVALL CAPACITY TO APPROXIMATELY
276 cubic ft. ADOING 100 cubic ft.
Policy 5. Protect aud improve water quality and supply iu the Town of Soulhold. See LWRP Section III
- Policies Pages 16 throngh 21 for evaluation criteria
Yes [~ No ~Not Applicable
COVENANT RESTRICTIONS FROM THE DEC AND SCHD DO NOT ALLOW FOR GRASS, FERTILIZERS, FUNGICIDES OR PESTICIDES ON
THE PROPERTY THE LANDSCAPE WILL BE MAINTAINED AS A NATURAL SE~-~ING INSURING ONLY CLEAN NATURAL PRECIPITATION
WILL FILTER INTO THE SOIL AND BECOME PART OF THE WATER TABLE. THE DRIVEWAY AND PATIO AREAS WILL ALL BE PERVIOUS
MATERIAL AND ALLOW FOR ADDITIONAL DRAINAGE.
Attach additional sheets if necessary
Policy 6. Protect and restore the quality and functioo of tile Town of Southold ecosystems including
Significant Coast:d Fish and Wildlife Ilabitats aud ~etlands. See I.WRP Section III - Policies; Pages 22
throu/~h 32 for evaluation criteria.
[t~,J Yes [] ~o~ Not ,\plflical, le
tHE HOUSE FOOTPRINT SHOWN ON SURVEY MAP AS LOT 67 HAS BEEN APPROVED BY THE DEC AND SeED FIELD BIOLOGIST HAVE
VISITED THE SIGHTAND LISTED IN THE COVENANT RESTRICTIONS THAT A NATURAL BOUNDARY BE PROTECTED AND MAINTAINED
PARALLEL TO THE WETLANDS RUNNING THE LENGTH OF THE WETLANDS AREA I INTEND TO MAINTAIN THE ENTIRE LOT AS A NATURAL
WOODLAND SPACE AND NATURAL HABITAT FOR AREA WILDLIFE. DURING CONSTRUCTION HAY BALES WILL BE PLACE ALONG THE
WETLANDS BOUNDARY, BACKED WITH REMOVABLE PLASTIC FENCING.
! HE DEC HAS DETERMINED THE PROTECTED BARRIER FOR THE WETLAND.I INTEND TO MITIGATE THE PROJECT IMPACTS TO THE
MAXIMUM EXTENT PRACTICABLE AND OFFER ( THROUGH A SUBMISSION OF A COVENANT )THAT IN ADDITION TO THE DEC AREA
ALL [.AND NOT OCCUPIED BY STRUCTURE OR DRIVEWAY WILL BE RESTORED AFTER CONSTRUCTION AS A NON DISTURBANCE -
NON FERTILIZATION BUFFER
Policy 7. Protect aud improve ;tit' quality in the 'l'o~n of Southold. See LWRP Sectiou 11I - Policies
Pages 32 through 34 for ev;tlaation criteria.
[]~ Yes ~ No [~ Not .\plflicahle
NO LEAVES, WOOD OR OTHER MATERIALS WILL BE BURNED ON THE PREMISES - ALL SUCH MATERIAL WILL BE BROUGHT
TO THE RECYCLE CENTER NO OUTSIDE COAL OR WOOD BURNING PATIO HEATERS WILL BE USED ON THE PROPERTY
Policy 8. Minimize environmeuml degradatiou in Town of Southold from solid waste and hazardous
substances and wastes. See !/~VRp Sectiou Ill - Policies; Pages 34 through 38 for evaluation criteria.
[-~ Yes [--] No ~] Not Applicable
NO CHEMICALS OR FERTILIZERS WILL BE USED ON THE SOIL/TREES OR SHRUBS. ALL CHEMICAL BASED MATERIALS USED
DURING CONSTRUCTION SUCH AS PAINTS,THINNERS,ADHESIVES WILL BE SEPARATED AND STORED FROM OTHER BUILDING
MATERIALS AND DISPOSED OF AT THE RECYCLE CENTER. THE EXCAVATION CONTRACTOR K.L DICKERSON WILL
REMOVE ALL EXCAVATED SOIL, ROCKS AND TREES IN ACCORDANCE WITH ALL SOUTHOLD LAWS.
PUBI,IC COAST POLICIES
Policy 9. Provide for public access to, and recreational use of, coastal waters, public lauds, and public
resources of the Town of Soathold. See LWRP Sectiou III- Policies; Pages 38 through 46 for evaluation
criteria.
[--] Yes [] No [~ Not Apl)lieable
AS A RESIDENT OF SOUTHOLD I INTEND TO PROMOTE THE ACQUISITION OF LANDS AND HISTORIC PROPERTIES FOR PUBLIC USE.
Attach additional sl~eet~ if nc~¢:;saty
WORKING COAST POI,I('IES
t'olicy t0. Protect Southohl's ~ater-depeudent ases aud promote sitiug of new water-dependeot rises itl
suitable Iocatioas. See I.\VRP Sectiou iii - Policies; Pages 47 through 56 for evaluatiou criteria.
[] Yes [] No ~ No! .\pplicalfle
COVENANT RESTRICTIONS FROM THE DEC AND SCHD DO NOT ALLOW FOR GRASS, FERTILIZERS, FUNGICIDES OR PESTICIDES ON THE
PROPERTY. THE LANDSCAPE WILL BE MAINTAINED AS A NATURAL SE~rlNG INSURING ONLY CLEAN NATURAL PRECIPITATION WILL FILTER
INTO THE SOIL AND BECOME PART OF THE WATER TABLE THE DRIVEWAY AND ANY PATIO AREAS WILL ALL BE PERVIOUS MATERIAL AND
ALLOW FOR ADDITIONAL DRAINAGE.
Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary
and '[own waters. See I.'~VRP Sectiou Ill - Policies; Pages 57 through 62 fur evaluation criteria.
Y,.s [~ ~,, ~ Not Applicable
~ WILL SUPPORT RECREATIONAL FISHING BY PURCHASING EQUIPMENT AND BOAT SUPPLIES FROM MARINAS AND TACKLE
STORES ON THE NORTH FORK .I INTEND TO CONTINUE FISHING AND WILL HELP SUPPORT PROGRAMS BY PURCHASING
PERMITS FROM THE TOWN. I WILL VOLUNTEER TO ASSIST IN SOUND AND BAY CLEAN UP CAMPAIGNS AND BECOME A MEMBER
OF CONSERVATION GROUPS THAT ARE ACTIVELY INVOLVED IN HELPING THE NORTH FORK MARINE ENVIRONMENT
Au:ich ,Mditional sheets if necessary
Policy 12. Protect agricultural lands in the Town' of Southold. See LWRP Section III - Policies; Pages 62
Chrough 65 for evaluation criteria.
[-~ ,'es [-'] No ~ Not Applicable
AS A RESIDENT I WILL SUPPORT LOCAL FARM PRODUCERS BY PURCHASING FRESH SEASONAL PRODUCTS AND OTHER
NON PERISHABLE FOODS MADE FOR SALE AT THESE LOCATIONS.
..\tti*ch additional sheets if necessary
Policy 13. Promote appropriate use and development of energy add nfineral resources. See LWRP
Section Ill - Policies; Pages 65 through 68 for evalnation criteria.
1--] Not ppii ah,e
I WILL INSTALL ONLY ENERGY SAVING HOME UTILITIES, HEATING AND AIR CONDITIONING UNITS. NATURAL GAS iS
AVAILABLE FI~OM WESTWOOD LANE AND I PLAN TO HAVE THIS AS THE MAIN SOURCE OF ENERGY.
SUFFOLK COUNTY WATER iS LOCATED IN WESTWOOD LANE.
617.21
Appendix C
State Environmental Quality Review
SHORT ENVIRONMENTAL ¢tSSESSMENT FORM
For UN£[STED ACTIONS Only
PART I - Project I~brmation ~To be complete by Applicant or Project sponsor)
1 Applicant/Sponsor Arthur R. Torell
2. Project Name Arthur R. Torell
3. Project location: Municipalit'/ County /
4, Precise location (Street address and road intersect}oas, prominent landmarks, otc, or provide map)
5. is proposed action:
[~,~NEW. ( )EXPANSION ( )MODIFICATION/ALTERATION
6, Descdbe project bdefly:
7. Amount of land affected:
Initially: ¢,~;~ acres; UIt}mately:
W{II pr°p°sed acti°n c°mply ~ e~sdng or other e~stin9 la,d use rest~ctions:(,XES
I
What is present land use in vicini~ of project: (describe):
10 Does action involve a permit approval or funding, now or ultimately from any other Governmental agency,(Federal. State or Local) ?
(~I~YES ( ) NO
If Yes. list agency(s) and permit/approvals:
11 Does any aspect of the action have a currently valid permit or approval?
t ,~"~ES
() NO It Yes, Iisi agency(s) and permit/approvals:
result of proposed action. ~11 e;dsting permR/appro'~al require modification?
list agency(s) and permff/approvals -. ~
/ certify that the information provided above is true to the best of my knowledge ~/~_~,--;,~-~t-/~ ~/~T ....
Date:
If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment
QUESTIONNAIRE
FOR FILING WITH YOUR Z.B.A. APPIJCATION
Is the suhject premises listed on the real estate market fur sale'?
Yes ~(~No
B. Are there anS. proposals to change or alter land contours? XNo Yes. please explain on attached sheet.
1 ) Are there areas that contain sand or wetland grasses'? /~
2) Are these areas shown on the map submitted with this application'?
3) ls the property bulkheaded between the wetlands area and the upland building area'?
4) If your property contains v,'etlands or pond areas, have you contacted the office of the
l'own Trustees for its determination of jurisdiction? ;//,F'~ Please confirm status of your
inquiry or application xvith the Trustees: ~J[I~IT .,q-,~,,I)/t~-~tSttm /P~,~ttye
and if issued, please attach copies of permit with conditions and approved map.
D. Is there a depression or sloping elevation near the area of proposed construction at or below five
Feet above mean sca level? A/r{~7)
17.
Are there any patens, concrete barriers, bulkheads or fences that exist and are not shown
on the survey map that you are submitting'? A/t~ (Please shoxv area of these
structures on a diagram if any exist. Or state "none" on the ubove line, if applicable.)
Do you have any cnnstruct o ~ taking place at this time concerning your premises? A/tO
If yes. please submit a copy of your building pein'fit and map as approved by the Building
Department and describe:
G. Do yuu or any cn-ox,.ner also own other land close to this parcel'? y,~.~ If yes, please label
fine proximity of your lands on your map with this application.
ti. Please list present use or operations conducted at this parcel
, and proposed use ~/~
lexamplcs:, , cx s nu,~2,smde-Ihmilv~ ~ ., proposed: same wi h garaee_ or poo , or o her descri~on ' '
Xt~uri/cd Sign~fit~e a~d])~ 2 05: i ,)7
APPLICANT
TRANSACTIONAL DISCLOSURE FORM
(FOR SUBMISSION BY OWNER and OWNER'S AGENT)
The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers
and employees. The purpose of this form is to provide information, which can alert the Town of
possible conflicts of interest and allow it to take whatever action is necessary to avoid same.
YOURNAME: Torell Arthur R.
(Last name, first name, middle initial, unless you are applying in the name
of someone else or other entity, such as a company. If so, indicate the
other person or company name.)
NATURE OF APPLICATION: (Check all that apply.)
Tax Grievance
Variance X
Special Exception
If "Other",
name the activity:.
Change of Zone
Approval of Plat
Exemption from Plat
or Official Map
Other
Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship
with any officer or employee of the Town of Southold? "Relationship" includes by blood,
marriage, or business interest. "Business interest" means a business, including a partnership, in
which the Town officer or employee has even a partial ownership of (or employment by) a
corporation in which the Town officer or employee owns more than 5% of the shares.
YES NO X
Complete the balance of this form and date and sign below where indicated.
Name of person employed by the Town of Southold:
Title or position of that person:
Describe that relationship between yourself (the applicant) and the Town officer or employee.
Either check the appropriate line A through D (below) and/or describe the relationship in the space
provided.
The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that
apply):
A) the owner of greater than 5% of the shares of the corporate stock
of the applicant (when the applicant is a corporation);
B) the legal or beneficial owner of any interest in a non-corporate entity
(when the applicant is not a corporation);
C) an officer, director, partner, or employee of the applicant; or
D) the actual applicant.
DESCRIPTION OF RELATIONSHIP
Signature: /~'~'~-~-- ~'~'J ~ '7--~'
Print Name: Arthur R. Torell ~
CHARLES R. CUDDY
ATTORNEY AT LAW
445 GRIFFING AVENUE
RIVERHEAD, NEW YORK
Mailing Address:
P.O. Box 1547
Riverhead, NY 11901
Southold Town
Zoning Board of Appeals
P.O. Box 1179
Southold, NY 11971
Arm: Linda Kowalski
July 21, 2008
TEL: (631) 369-8200
FAX: (631) 369-9080
E-mail: charles.cuddy@verizon.net
JUL 2 2 2008
B,..A;,,D OF APPEALS
Re: Arthur A. Torell
SCTM#1000-33-2-11
Dear Ms. Kowalski:
Enclosed please find an Affidavit of Sign Posting in connection with the Zoning Board of Appeals
heating scheduled for Thursday, July 24, 2008, at 11:15 a.m.
Also, we are enclosing three (3) green signature cards returned to this office in the same connection.
CRC:ik
Enclosures
Very truly yours,
Charles R. Cud~tY ~~/
CHARLES R. CUDDY
ATTORNEY AT LAW
445 GRIFFING AVENUE
RIVERHEAD, NEW YORK
-RECEIVED
JUL ! 0 2008
ZONING BOARD OF APPEALS
Mailing Address:
i~O. Box 1547
Rive~head, NY 11901
Southold Town
Zoning Board of Appeals
P.O. Box 1179
Southold, NY 11971
July 9, 2008
TEL: (631) 369-8200
FAX: (631) 369-9080
E-mad: charles.cuddy@verizon.net
Attn: Linda Kowalski
Re: Arthur A. Torell
SCTM#1000-33-2-11
Dear Ms. Kowalski:
Enclosed is an Affidavit of Mailing together with the white receipts postmarked by the Post Office
as proof of mailing legal notice in reference to the above application to the adjoining property
owners.
Very truly yours,
CRC:ik
Enclosures
Charles R. C~
CHARLES R. CUDDY
ATTORNEY AT LAW
445 GRI FFINO AVENUE
RIVERHEAD, NEW YORK
Mailing Address:
I~O. Box 1547
Riverhead, NY 11901
TEL: (631) 369-851)0
FAX: (631) 36%9080
E-mail: clnarles .c uclc]y @ verizo n. net
May 19, 2008
Southold Town
Zoning Board of Appeals
P.O. Box 1179
Southold, NY 11971
Re: Arthur R. Torell-365 Westwood Lane, Greenport, NY
SCTM# 1000-33 -2 - 11
BOARD OF APPEALS
Dear Board Members:
We are submitting an application for an area variance permitting a rear yard of 20 f~et at a lot of
27,186 square feet and further allowing a lot line exchange where the resulting lots will be 27,186
and 19,028 square feet. In this connection we are enclosing the following:
1. Seven (7) sets of application to the Zoning Board of Appeals:
a. Application together with the Declaration of Covenants and Restrictions
b. Disclosure Affidavit of Arthur R. Torell
c. Short Environmental Assessment Form
d Questionnaire
e. Applicant's Project Description
f. LWRP
g. Notice of Disapproval from the Building Department
h. Survey
i. Diagram
j. Photos of the "staked" area proposed for construction
k. Copy of the Deed
1. Authorization Letter
m. Check in the sum of $600.00
n. Zoning Board of Appeals previous determinations
o. Suffolk County Depart~nent of Health Services determination
p. NYS DEC permit
Please advise if the application package meets your requirements and when this matter will be placed
on the Board's agenda.
CRC:ik
Enclosures
Very truly yours,
Charles R. Cuddy ,~)
Tel No.: (651) :369-8200
CHARLES P~ CUDDY
Attorney at Law
445 Griffing Avenue
Riverhead, New York 11901
Fax No.: (631) 369-9080
VIA FAC,~IMILE-(631) 765-9064
Southold Town
Zoning Board of Appeals
P.O~ Box 1179
Southold, NY 1197l
June 4, 2008
Attn: Linda Kowalski
Re: Arthur R. Torell-365 Westwood Lane, Greenport~ NY
$CTM~1000-33-2-11
Dear Ms. Kowalski:
When scheduling the Arthur Torell variance heating, would
or early afternoon, since, Mx. Torell must travel from New
Thank you for your consideration.
CRC:ik
Enclosures
it be possible to have it in late morning
rersey on the day of the hearing.
Very t~ uly yom,
Charles R. Cuddy
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN HALL
SOUTHOLD, NY 11971
TEL: (631) 765-1802
FAX: (631) 765-9502
SoutholdTown.NorthFork.net
PERMIT NO.
Examined ,20
Approved
Disapproved
,2O
Expiration ,20
Building
~,i;~ APPLICATION FOR BUILDING PERMIT
Date
INSTRUCTIONS
BUILDING i~IMIT APPLICATION CHECKLIST
Do you have or need the following, before applying?
Board of Health
4 sets of Building Plans
Plamfing Board approval
Survey
Check
Septic Form
N.Y.S.D.E.C.
Trustees
Storm-Water Assessment Form
Contact:
Mail to: ~O~t. 7~ _,~'~ ~-
a. This application MUST be completely filled in by typewriter m' in ink and submitted to the Building Inspector with 4
sets of plans, accurate plot plan to scale. Fee according to schedule.
b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or
areas, and waterways.
c. The work covered by this application may not be commenced belbre issuance of Building Permit.
d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit
shall be kept on the premises available for inspection throughout the work.
e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector
issues a Certificate of Occupancy.
f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of
issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the
property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an
addition six months. Thereafter, a new permit shall be required.
APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the
Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or
Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The
applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit
authorized inspectors on premises and in building for necessary inspections.
(Mailkng address of applicant) O 7 ~pr ~f
State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder
Nanmofownerofpremises t/~t¢~, I
(As on the tax roll or latest deed)
If applicant is a corporation, signature of duly authorized officer
(Name and title of corporate officer)
Builders License No.
Plumbers License No.
Electricians License No.
Other Trade's License No.
1. L~qcation oflan4 on which proposed work ,~ be done:
House Number Street
CountyTax MapNo. 1000 Section %~
Subdivision
' (Ndme) '
Hamlet
Block ~) ~)'~ Lot //
Filed Map No.~,tt~O~
a. Existing use and occupancy ~,fi'L~'~ ~,~/) ~t'/t¢ ~.~4~gJg/~/--~ ~
b. Intended use and occupancy
3. Nature of work (check which applicable): New Building t,~ Addition Alteration
Repair Removal Demolition Other Work
4. Estimated Cost [ ~0/ ~ ~ Fee
5. If dwelling, number of dwelling units
If garage, number of cars /
(Description)
(To be paid on filing this applicatiofi)
Number of dwelling milts on each floor
6. If business, commercial or mixed occupancy, specify nature and extent of each type of use.
7. Dimensions of existing structures, if any: Front ~ Rear ~-/~-Z'- Depth
Height Number of Stories
Dimensions of same structure with alterations or additions: Front
Depth Height_ Number of Stories
8. Dimensions of entire new construction: Front 70 /Rear 7 ~ r
Height Number of Stories
'
9. Size of lot: Front ] [¢. Rear / /
Depth
Rear.
Depth zZ9
10. Date of Purchase Name of Former Owner
11. Zone or use district in which premises are situated A F~)
12. Does proposed construction violate any zoning law, ordinance or regulation? YES __ NO__
13. Will lot be re-graded? YES __ NO ~' Will excess fill be removed from premises? YES __ NO__
14. Names ofOwner ofpremise_s/0~-'l*~wq '~/~/[ Address "~7~.~"~ ~/ Phone No.~--0/'°r'7/
Name of Architect ~'~t' ~k,'/-~.ta__ ~)tfe,~'t/'Address ~tr.j:0/2~ A/~'~ ehoneNo
NameofContractor .... / Address t 07/,~/ PhoneNo.
15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES t/~O * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED.
b. Is this property within 300 feet of a tidal wetland? * YES __ NO
* IF YES, D.E.C. PERMITS MAY BE REQUIRED.
16. Provide survey, to scale, with accurate foundation plan and distances to property lines.
17. If elevation at any point on property is at 10 feet or beloxv, must provide topographical data on survey.
18. Are there any covenants and restrictions with respect to this property? * YES b//' NO__
· IF YES, PROVIDE A COPY.
STATE OF NEW YORK)
SS:
COUNTY OF ~t~O. I ~C,)
4 ~ ¢ ~--~o.("-~.~ ~ being duly sworn, deposes and says that (s)he is the applicant
(Name of individual signing contract) above named,
(S)He is the
(Contractor, Agent, Corporate Officer, etc.)
o£ said owner or owners, and is duly authorized to perform or have p'erfonned the said work and to make and file this application;
that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be
performed in the manner set forth in the application filed therewith.
Signature of ~
APPEALS BOARD MEMBERS
Gerard E Goehringer, Chairman
Ruth D. Oliva
James Dinizio, Jr.
Michael A. Simon
Leslie Kanes Weisman
http://southoldtown.northfork.net
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 · Fax (631) 765-9064
August ~?, 2008
Mailing Address:
Southold Town Hall
53095 Main Road · EO. Box 1179
Southold, NY 11971-0959
Office Location:
Town Annex/First Floor, North Fork Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
Mr. Arthur R. Torell
377 Thomas Place
Wyckoff, NJ 07481
Charles R. Cuddy, Esq.
P. O. Box 1547
Riverhead, NY 11901
Re: ZBA # 6182 -Application by Arthur R. Torell (Variances)
Dear Mr. Torell and Mr. Cuddy:
Enclosed please find a copy of the Zoning Board of Appeals determination
rendered at the August 7, 2008 Meeting.
Please be sure to contact the Building Department for follow-up regarding
documents that may be required in the next step of applicable code reviews and
building permit application process, and concerning any other agency approval,
before commencing construction activities.
Thank you.
Very truly yours,
Linda Kowalski
Encl.
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTP~kR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
TO:
FROM:
DATED:
RE:
Southold Town Zoning Board of Appeals
Elizabcth A. Ncvillc
May 29, 2008
Zoning Appeal No. 6182
Transmitted herewith is Zoning Appeals No. 6182 of Arthur R. Torell- thc Application to the
Southold Town Zoning Board of Appeals. Also enclosed is the Applicant Transactional
Disclosure Form, Short Environmental Assessment Form, Questionnaire, Applicant's Project
Description, LWRP Consistency Assessment Form, Covenants & Restrictions from Eastern
Shores, Notice of Disapproval, Survey of Property Showing Proposed Construction Prepared by
Peconic Surveyors, P.C., 1 Page of Drawings of Proposed Construction Showing Elevations, 5
Pages of Photo of Property with Taped Outlines of Construction, Copy of Deed Between H.J.S.
Land & Development Corp & Arthur R. Torell, Jr., Authorization Letter from Arthur R. Torell to
Charles R. Cuddy, Esq. to Represent him in this Matter, Copy of Board of Appeals Findings &
Determination Dated December 2, 2004, Copy of Board of appeals Findings & Determination
Dated September 30, 1998, Copy of Suffolk County Department of Health Services Findings &
Determination Dated February 16, 2006, Copy of Suffolk County Department of Health Services
Declaration of Covenants & Restrictions Dated October 27, 2006, Test Hole Data Sheet Prepared
by McDonald Geoscience, Copy of New York State Department of Environmental Conservation
Permit Dated November 22, 2005
ZBA TO TOWN CLERK CHECK TRANSMITTAL SREET
(Filing of Application and Check for Processing)
DATE: 5/27/08
6182 ArthurR. Torell (Charles MAY 2 7 2008
Cuddy, Esq.) 1228 $600.00
$,~uthold Town Clerk
~ RECEIVED
6184 Schweitzer, Gregory 3723 '$150.00
(Swim King Pools) I~AY 2 7 2008
Southold Town Cie
T¢'~TAI
k
;750.00
Town Of Southold
P.O Box 1179
Southold, NY 11971
Date: 05~27/08
Transaction(s):
1 1
Application Fees
* * * RECEIPT * * *
Receipt#: 20083
Reference Subtotal
6182 $600.00
Check#:1228
Total Paid: $600.00
Name:
Cuddy, Charles
445 Griffing Avenue
Riverhead, NY 11901
Clerk ID: CAROLH Internal ID: 6182
APPEALS BOARD MEME
Gerard P. Goehringer, Chairman
Ruth D. Oliva
James Dinizio, Jr.
Michael A. Simon
Leslie Kanes Weisman
Mailing Address:
Southold Town Hall
53095 Main Road · EO. Box 1179
Southold, NY 11971-0959
Office Location:
Town Annex/First Floor, North Fork Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
http://southoldtown.northfork.net
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 · Fax (631) 765-9064
LEGAL NOTICE
SOUTHOLD TOWN ZONING BOARD OF APPEALS
THURSDAY, JULY 24, 2008
PUBLIC HEARING
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter
280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN
ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York
11971-0959, on THURSDAY~ JULY 24~ 2008:
11:15 A.M. ARTHUR R. TORELL # 6182. Request for Variances under Sections 280-18 (Bulk
Lot Area Schedule) and 280-124 (Setback Schedule), based on the Building Inspector's
amended May 21, 2008 Notice of Disapproval concerning: (1) a proposed lot area with a new
nonconformity of 19,028 square feet in size, instead of 21,458 square feet, resulting in the
remaining lot which will become more conforming at 27,196 square feet instead of 24,756
square feet; (2) a proposed single-family dwelling at less than 40 feet from the rear lot line.
Location of Property: 365 Westwood Lane, Greenport; CTM 33-2-11 and 33-2-10.
The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each
hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each
hearing will not start earlier than designated above. Files are available for review during regular
business hours and prior to the day of the hearing. If you have questions, please do not hesitate to
contact our office at (631) 765-1809, or by emaih Linda. Kowalski@Town.Southold.ny.us.
Dated: July 7, 2008.
ZONING BOARD OF APPEALS
GERARD P. GOEHRINGER, CHAIRMAN
BY LINDA KOWALSKI
54375 Main Road (Office Location)
53095 Main Road (Mailing/USPS)
P.O. Box 1179
Southold, NY 11971-0959
#8908
STATE OF NEW YORK)
) SS:
COUNTY OF SUFFOLK)
Karen Kine of Mattituck, in said county, being duly sworn, says that she is
Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at
Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that
the Notice of which the annexed is a printed copy, has been regularly published in
said Newspaper once each week for 1__ week(s), successively, commencing on the
17th day of July, 2008.
Principal Clerk
Sworn to before me this
day of --//Lt~.V__.x~/ 2008
NOTARY PUBLIC-STATE OF NEW YORK
No. 01-V06t 05050
Quo.fled in Sutfotk County
· CTM 37-4-10.
10~0 A.M. Wll-I.la~l LUTKOWSKI
#6185. Request for a Variance under Sec-
fiqn 280-~24 ~se~back schedule based
6n he Bu ldJng Inspector's Apri 18
2008 Notice of Disapproval concerning
a proposed new dwe0ing (after detholi~
tion of tl~e existing dwclgng), proposed
with front yard setback(s) at less than 35
feet. Location of Propertyz 595 Pine Av-
enue and Birch Avenue, Southold: CTM
REEN PAPA 06183. Request for a Vari-
bined side yard setbacks: (31 the lot cov-
erage witi exceed the code limitation of
20% with a buildable lot size of 13,369
square feet Locanon: 955 Soundview
Avenue Extension, Southold. CTM
50-2-10 and 11, combined as a single
building lot.
The Board of Appeals wig hear ail
persons, or their representauves, desir-
ing to be heard at each heanng, and/or
desiring-to submit wrmen statements
before the concins~on of each befit-
rog. Each hearing will not start earner
than designated above. Files are avail-
ance unaer Section 280-124. based on able for review during regular business
the Building Inspector's April 21; 2008 hours and prior to the day of the hear-
Notice of Disapproval ~:oncemli~g an as- ng. If you have questions, please do not
built fi~k addi~3h o the existing single, hesitate to contact~our office at (631)
family 'dvCellihg, Which is less than tl~e 765-1809, or by email: Linda. Kowalski@
INC~ g6t80, l~6quest fo~ a Valianc~ _ GERARD P. GOEHRINGER,
and~r '$e~tl0n 280~116B, based '6a the CHAIRMAN
Building Iils. PeCt0r s Mhy 13 2008'No- BYLINDAKOWALSKi
tic~ ~f ~isappr0~al concerning a deck 54375 Main Road IOffice Loeafion}
aaditlo~l to the exis~ng smgle-~aily 53095 Math Road IMailing/UBpS)
dV)611thg avle~ than 75 f~¢t fr6~ the ex- P.O. Box 1179
ist ag I~J :l~ eaO;at 1475 Pihe Neck l~6~d. - Soathold. NY 11971.0959
Sou~old: CTM 70-5-40.: 8908-1T 7/17
IL'00 A.I~. GREGORy $CH-
WI~II~ZER AND $IACEY SC/t.
WEITZER g6184. Request for a Vari-
ance tmdex Section 280~15, based on thc
~.ll fl~[t g..g,Iaa~o r - s ~May 1~.2008 Not ce
accg~[0xy ~Wlmolhlg p~ol itl h y~rd other
than the eode-requi~nd rear yard.at 385
W~ady Driv*, Laur.~ C'I~ 12%8-0,
6182. ~ ~m'~s under Sec.
tinn~ ~0.18 ~ I,~ ~
LEGAL NOTICE
SOUTHOM) TOWN ZONING
BOARD OF APPEALS
THURSDAY. JULY 24. 2008
PUBLIC HEARING
NOTICE I$ HEREBY GIVEN, pur-
suant to Secuon 267 of the Town Law
and Town Code Chapter 280 ~Zoning).
Town of Southold. the following public
.hearing will be held by the SOUTHOLD
TOWN ZONING BOARD OF AP-
PEALS az the Town Hall. 53095 Main
Road. EO. Box 1179, Soutbold. New
York 11971-0959. on THURSDAY.
JULY 24. 2008:
9.30 fi.M, J. and A. MAZUR #6176.
Requests for Variances under Secuon
~ 280-12~. based on the Building Inspec-
' tot's lune 27, 2008 amended Notice of
Disapproval concerning a proposed
deck addition lo dwelling at less than 35
feet from the front lot Ibae and proposed
lot coverage exceeding the code limi-
tation of 20%. at 3200 Camp Mineola
Road (and Fay Court), Matiltuck; CTM
9'.4S fi.M. STEIN FAMILY TRUST
#6179, Request for Variances under Sec-
~ti6~ls 280-15 and 280-124B. based on thc
B gilding Inspector's May 7, 2Q08 Notice
of Disapp'roval conccrnmg~ (a) propoaed
additions and alterations th he e~st-
lng silagle-family dwelling with a hew
front yard setback at less than thc Code-
required 35 feet. fbi an addition to the
existing accessory garage which Is re-
qui~ed tobe in the rear yard, (c) all new
constructioh will exceed the code limita-
tion of 20% maximum lot coverage. Lo-
cation: 2535 Cedar Lane, East Marion;
concerning: (1) a pna~ tot area with
f~t, resulting in the f~g lot ~]ch
33-2-H ~d 3~-2-I0;
~ ~ GREO ~d ~
~ees ~der: (1) Section ~1~4 ~
(2) S~on ~15~ ~ based o~
BulldOg ~spector's December 2& 2~7
P~t~'s D~ve ~t ~ Isled Sound.
new a~e-~y dw~ (~a
foundation after demollti~h ~ ~e
be less ~an 1~ ~et (2) ~e ~in~bm
cou~ oK~u~5
~e~l ?roDed'/ ]~× Servi~
ZONING BOARD OF APPEALS
TOWN Of SOUTHOLD:NEW YORK
In the Matter of the Application of
Arthur R. Torell
(Name of Applicants)
CTM Parcel#1000- 33 . 2 1!
.X
AFFIDAVIT
OF
MAILINGS
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
Mattituck
Iwona Kodym residing at 5450 Bergen Ave.
, New York, being duly sworn, depose and say that:
On the 7th day of July , 2008, I personally mailed at the
Uniied States Post Office in Riverhead , New York, by CERTIFIED
MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal
Notice in 'prepaid envelopes addressed to current owners shown on the current
assessment roll verified from the offi(~ial records on file with the (x) Assessors, or
( ) County Real Property Office , for every
property which abuts and is across a public or pr vate street, or vehicular right-of-
way of record, surrounding the applicant's property.
(Signat~gl/e) '
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.
SCTM#1000-33-2-9
Dariusz Piechnik
Beata Piechnik
613 West Street
Greenport, NY 11944
SCTM#1000-33-2-13
Ruth Buono
John Buono
340 Westwood Lane
Greenport, NY 11944
SCTM# 1000-33 -2-14
Ann O'Keefe
Peter Cuneo
151-64 27th Ave.
Flushing, NY 11354
SCTM#1000-33-6-11
Homestead Acres Homes Ass. Inc.
PO Box 522
Greenport, NY 11944
SCTM# 1000-40-2-6.10
Homestead Acres Homes Ass. Inc.
PO Box 522
Greenport, NY 11944
SCTM# 1000-40-2-16
Town of Southold
PO Box 1179
Southold, NY 11971
~),42
Postage
_ 0.5~v,~ '~'~,---*'---' v L
(Endorsement R~uimd) -~.~V/~ 7 Here ~
Total Postage & Fees
Eomestead Ac~es ~omes Assoc. [~c
~F~CA~t;~;~ .......................................................................
Greenport, ~ 1~944
$2,20
Certgied Fee
Restflcted Deriver
(Endomement F
Ann O'Keefe and Peter Curie
1~3 Return Receipt Fee
(Endorsement Required)
Restricted Deflve~y Fee
(Endorsement Required)
i"- Total Pastage & Fees
Certified Fee
D Retum Rece{pt Fee
(Endorsement Required)
Restricted Delivery Fee
(Endorsemenl Required)
4'-3
r'- Total Postage & Fees
$2.70
$2.20
$5.32
ZONING BOARD OF APPEALS
TOWN OF 8OUTHOLD: NEW YORK
In the Matter of the Application of
(Name of Applicankq)
Regarding Posting of Sign upon
Applicant's Land Identified as
looo- '5 3 z---/O- '3 ")- 2. -//
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
__ __, Ne,,, York, beinoa duly sworn, depose and say thai: -- ~
On tbe 0 day of ~-'-~/c,/ ,~.lgdt~.i.._rso ....... ~ .....
...... -u-, P~ nany placed the lown s official
Poster, with the date of hearing and r~ture of my application noted thereon, securely upon my
property, located ten (10) feet or closer from the street or right~of-way (driveway entrance) -
facing the street or facing each street or right-of-way entrance; and that
[ hereby confirm flint the Poster has remaLt~ed in place for seven days prior to that date of
the subject bearing date, which hearing date ',vas shovm to be ~~coo-~
Sworn to before lne this
-7 *vt,day of X-,vt;7 ,200 )~
(Notary Public)
*near the entrance or driveway entrance of my properly, as fl~e area most visible to passersby.
LiN A C qlq
NOTARY PUBLIC, STATE OF NEW JERSEY
COUNTY OF PASSAIC
MY COMMISSION EXPIRE8 1/02/13
ID # 2368450
· Complete l~erns 1, 2, and 3. Also coo~
item 4 if Restricted Delivery is desired.
· Print your name and address on the reveme
so that we can return the card to you.
· Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Artiaie Addressed to:
Homestead Acres Homes Assoc.,
PO Box 522
Greenport, NY 11944
2. ~icle Number
7DB7
~rans~fromse~/ceaib~]
Received by (F
D. Is daiive~ address different fl Item 17
If YES, enter daiive~ address below:
[] NO
3. Service Type
~J~ Cmtifled Mail [] Express Mail
[] Registered ~' Retum Receipt/or Merchandise
[] Insured Mail [] G.O.D.
4. Restricted Delivery? (Extra Fee) f"l Yes
0710 0005 6804 7525
PS Form 3811, February 2004
· Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
· Print your name and address on the mveme
so that we can return the card to you.
· Attach this card to the back of the mallpiece,
or on the fTont if space permits.
1. Article Addressed to:
Ms. Elizabeth A. Neville, Town
Southold Town
PO Box 1179
Southold, NY 11971
2. Article Numbe~
0'ra~sfer from sen4ce/abe0
PS Form 3811, February 2004
B. Received
lerk
3. S ice Type
~rtrfied Mall [] Express Mail
[] Registered [~'Retum Receipt/or Merchandise
[] Insured Mail [] C.O.D.
4. Rest~icted Delivery? (Ex/~a Fee) r-i Yes
7007 0710 0005 6799 1629
· Complete items 1, 2, sod 3. Also complete
item 4 if Restricted Delivery is desired.
· Print your name and address on the reverse
so that we can return the card to you.
· Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Art]cleAddressed to:
Ruth Buono
John Buono
340 Westwood Lane
Greenport, NY 11944
i
[] Insured Mail [] C.O.D.
7007 0710 0005 6804 5002
PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M~1540
OF
APPEALS BOARD MEMBERS
Gerard R Goehringer, Chairman
Ruth D. Oliva
James Dinizio, Jr.
Michael A. Simon
Leslie Kanes Weisman
http://southoldtown.nor th fork.net
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 · Fax (631) 765-9064
Mailing Address:
Southold Town Hall
53095 Main Road · EO. Box 1179
Southold, NY 11971-0959
Office Location:
Town Annex/First Floor, North Fork Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
June 5, 2008
Mark Terry, Principal Planner
LWRP Coordinator
Planning Board Office
Town of Southold
Town Hall Annex
Southold, NY 11971
Re: ZBA File Ref. No. 6182 (Torell)
Dear Mark:
We have received an application concerning a lot line change and construction of a new
home on premises containing fresh water wetlands in Greenport, and shown on the
enclosed site map. Copies of the current LWRP form and area map are also attached for
your use and reference. May we ask for your assistance in an evaluation and
recommendations for this proposal.
Thank you.
Very truly yours,
GERARD P. GOEHR1NGER
Chairman
By:
272
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
James Dinizio, .Ir.
Lydia A. Tortora
I. ora S. Collins
George Homing
BOARD OF APPEALS
TOWN OF SOUTHOLD
Southold Town Hall
53095 Main,goad
P.O. Box 1179
Southold, New York 11971
ZBA Fax (516) 765-9064
Telephone (516) 765 - 1809
FINDINGS~ DELIBERATIONS AND DETERMZNATION
REGULAR MEE'I/NG OF SEPTEMBER 30 ~ 1998
Appl. No. 4603- ARTHUR TORELL PARCEL 1000-33-2-10 (&
STREET &LOCALtTY: 365 and 465 Westwood Lane, Greenport
DATE OF PUBIJC HEARZNG: September 24, 1998
FINDINGS OF FACT
PROPERTY FACTS/DESCRZPTZON: The subject property is located on the
westerly side of Westwood Lane, Greenport. The property Is shown as Lot No 67 and
No. 68 on the 1965 Hap of Eastern Shores (duplicate submitted) at Greenport, Section
Two. The property was acquired by Arthur R. Torell, .Ir. by deed dated April 24, 1971,
which deeds refers to Subdivision Hap Lots 67 and 68 (not by metes-and-bounds). The
Map of Eastern Shores was flied with the Suffolk County Clerk's Office August 10, 1965
as File No. zI~26 Abstract No. 5155.
BASIS OF APPEAL: Building Inspector's August 4, 1997 (re-written September 21,
1998) Notice of Disapproval which indicated that under Section 100-25, the two
properties were merged as one in this R-40 Residential Zone District.
REIJEF REOUESTED BY APPLICANT: The request made by applicant is to re-
separate (unmerge) Lots 67 and 68 shown on the Map of Eastern Shores, Section Two
by Board of Appeals approval for a Waiver under Section 100-26 of the Zoning Code.
REASONS FOR BOARD ACT[ON:
1. Merger of Lots #67 and #68 occurred with the Town Board's adoption (11/28/95) of
Local Law No. 23, which became effective .Ianuary 1, 1996. Prior to .lanuary 1, 1996,
all lots in the Eastern Shores Subdivision, including the applicant's Lots #67 and #68,
were excepted from the lot area and lot width requirements of the Zoning Chapter.
The exemption existed for 24 years, since 1973.
The applicant submitted plans In 1993 to the Town Trustees and the New York
State DEC to construct a single-family residence on Lot #67, indicating lot #68 as a
vacant and single and separate lot.
Page 2 -Appl. No. 46P' ~rell)
Re: 1000-33-2-10 (& .)
ZBA September 30, 1998 DeterminaUon
3. The applicant has testified that he only became aware that the two lots had merged
this year when he sought to reactivate his building permit.
RESOLUTION/ACT/ON: Accordingly, on motion by Member Tortora, seconded by
Member Collins, it was
RESOLVED, to GRANT the Waiver of merger in accordance with the application for
the following reasons:
1. Most of the Eastern Shores Subdivision is developed with single-family re,sidences
on lots similar in size to each of the two lots that would be recognized by this waiver of
merger.
2. The two lots were created by subdivision and protected on the Town's Exception
List from :1993 until :1997.
3. The waiver will not result in a significant increase in the density of the
neighborhood.
4. No adverse environmental conditions are anticipated that would not otherwise be
addressed by the Town Trustees or the State DEC.
VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, TORTORA, AND
COLLINS. (Member Morning was absent during this action.) This Resolution was duly
adopted (4-0).
CHAIRMAN 10/2/98
Approved for Filing
RECEIVED AND FILED BY
THE SOUTHOLD TOWN CLERK
DATE/o/?/g~f HOUR $ '~o
Town Clerk, Town of .~outhc::"
Gerard E Gochringcr, Chairman
James Dinizio, Jr.
Lydia A] Tortora '"
FINDINGS OF FACT
PROPERTY FACTS/DESCRIFIION: .'l?xte s[~ect pr~. is 10catled on the
westerly side of We~W0od'Lane, Greenport. The Property is shown as Lot No 67 and No.
68 on the 1965 Map of Eastern Shores (duplicat~ submitted) at Greenport, Section Two.
The property~was:~acquimd by Afl,ur R. Torell,' ~ by !deed dated' ARHI 24? '1971~ which
deeds refers to Subdivision Map Lots 67 and 68 (aot by metes-and-bounds). The Map of
Eastern Shores was filed with the Suffolk County Clerk's Office August 10, 1965 as Rle No.
4426 ~b'act No. 5155'.' The SUbjedLpmperty,is;vacant land' and comlsts-as a total [and
area of 46~2!4 sq. ft. The original.sizes ~;the lots in. ques~,sh~wnlon, the Hap of
Eastern Shores am 24,756 sq. ft. for Lot 67, and Lot 68 at 21,458 sq. ft.
' BA~i$ O1~ 'APi~L[ .C,~TIO~,'. Building. Inspe~0r's Aught 4, ~99Z. Notice of(...D sappmval
wil~ regal'to' ~uate'setbac~ under Article XXIV.
AREA V~d~,NCE RELIEF REOUESTED: Applicant is requesting, either:
a) reductiop,.of ~ i'5 ~ required side yard setback to 10 ft. for the proposed IocaUon of
a dwe ling with garage; or
b) reduction of lot .size of the northerly lot (68) from 21,458 sq. lt. to 20,403 sq. lt. to
allow for a 15 fL side yard setback on Lot 67, which would result in an increase of lot
area for the southerly lot (67) from 24,756 sq. ft. to 25,8~1 sq. ft.
REASONS FOR BOARD ACTZON, DESCRZBED BELOW:
On the basis of tesUmo~y and record presented and personal inspection, the 8oard makes
~ following findings:
The subject lot slopes downward to the south, and a substantial part of th~ southerly
porUOn of the lot is weUand. These topographical facts significantly con,bain
applicant's ablli[y to build on the lot, and the proposed house is consequently long,
"Page 2 - Appl. No. 4604
Re: *m000-33-2-).1 (Tomll)
December 10, 1998 ZBA Decision
narrow and close to the northerly property line.
The adjoining lot (SCTM 10) owned by applicant is significantly smaller than the
subject lot and would be reduced a further 1055 sq. ft. if the proposed change in lot
line were made. The Board believes that grant of a setback variance is preferable to
creation of greater nonconformity in the adjoining lot.
Grant of the requested setback variance will not produce an undesirable change in the
character of the neighborhood or detriment to nearby pmpe~es because the
proposed house will cover only a small part of the lot and wilt be set well back from
the street, so that the small side yard setback will not create a sense of crowding,
The requested setback variance is not expected to have an adverse effect or impact
on physical or environmental conditions because this application is subject to Town
Trustees' approval.
Grant of the setback variance is the minimum necessary and adequate to enable
applicant to erect a house while preseffing and protecting the character of the
neighborhood, and the health, safety, and welfare of the community.
RESOLUTION/ACTION: On moUon by Member Collins, seconded by Chairman
Goehringer, it was
RESOLVED, to GRANT the setback variance, as applied for, subject to the
CONDITION that Town Trustees approval be obtained.
VOTE OF THE BOARD: AYES: MEMBERS GERARD P. GOEHRINGER (Chairman), ]AMES
DIN]7[O~ 3~, LYDIA A. TORTORA, LORA S, COLLINS. This Resolution was duly ,adopted
(4-0). (Member Horning of Fishers Island w~sent S[udQg ~adgptipn'(of this
/~GERARD P. GOEHRII{IGER
~/ CHAIRNAN 1~15/98
Approved for Filing 12~t6/98
1000-33-2-11
.--,,,, ..,,, .~ _:~D BY
Town Clerk, "' "~
:i
TOTAL AREA = 46,~14 s~ ft .. .. or 1.0609 a~.
MAP OF PROPERTY
FOR
LOT LINE CHANGE
A T GREENPORT
TOWN OF SOUTHOLD
SUFFOLK COUNTY. N Y.
1000 - 33- 02- 10&Il
sCAL~. ?"= 40'
MAY 7,
............................ 97- 147
81/83s'2885 01:81 bSl/~u~o,
APPEALS BOARD MEMBERS
Ruth D. Oliva, Chairwoman
Gerard E Ooehfinger
Lydia A. Tortora
Vincent Orlando
James Dinizio, .Ir.
http://southoldtown.northfork.net
Southold Town Hall
53095 Maj~ Road
P.O. BOX 1179
Southold, ,NY 11971-0959
Tel. (631) 765-1809
Fax (631) 765-9064
BOARD OF APPEALS
TOWN OF SOUTHOLD
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF DECEMBER 2, 2004
ZBA Ref. 5610 - ARTHUR TORELL
Property Location: 365 Westwood Lane, Greenport; CTM 33-2-11
.S.EQRA DETERMINATION: The Zoning Board of Appeals has visited the property under
consideration in this application and determinee that this review falls under the Type II category of
the State's List of Actions, without an adverse effect on the environment if the project is implemented
as planned.
PROPERTY FACTS/DESCRIPTION: The applicant's 24,~11~a 3. vacant property has 115 ff. along
Westwood Lane in Greenport, as shown on the May 7, 1 ~9~ ~i~,~eeared by Peconic Surveyors,
P.O., last amended November 18, 2004.
BAS18 OF APPLICATION: I~uildlng Dependent's .1~ z.2004' Notice of Disapproval, citing Sect on
100-244B, iff its de01ai ~f a building perrfli~'or~slr~i new dwelling for the t'eason that the rear
yard is less than the cod~ required 50 feet.
FINDINGS OF F. ACT
The Zoning Board of-Appeals held a public hearing on this application on November 18, 2004 at
which time written and oral evidence were presented. Based upon all testimony, documentation,
personal inspection cf the property, and other evidence, the Zoning Board finds the following facts to
be true and relevant:
AREA VARIANCE RELIEF REQUESTED: The applicant wishes to construct a new dwelling with a
rear yard setback at 35.5 feet instead of t~e code required 50 feet.
REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and
personal inspections, the Board makes the following findings:
1. Grant of the variance will not produce an undesirable change in the character of the
neighborhood or a detriment to nearby properties, after careful evaluation of all evidence received, in
the written town records and during the public hearing. The applicant is requesting a rear yard
setback at 35.5 feet. This request is based upon the nature of a scaled-down home on a lot which
contains a significant amount of wet/and restricted areas. The lot is 24,756 sq. ft. in toter lot area
and contains a very small area for building.
0177372005 01:01 GB17G598~
Page 2 - Oecember 2, 2004
Fi~e No. G610 - A~h,,r Torel~
CTM Id~ 33-2-1 {
03
2. The benefit sought by the applicant cannot be achieved by some method, feasible for the
applicant to pursue, other than an area variance. This is a very small lot, and without a setback
V '
at,anco, a dwelling would not be possible.
3, The variance granted herein is substantial and is the maximum the board would approve. The
code requires a minimum of 25 feet for both side yards, and the addition is a two.ff, reduction from
this requirement, resulting in total side yards of 22+- feet.
4. The difficulty was not serf-created. The difficulties are related to the unique topography of this
building lot and probably sl~ould have been made part of another lot on the filed map based upon the
wetlands aspect of the property.
5. No evidence has been submitted to suggest that a variance tn this residential community will
have an adverse impact on the physical or environmental conditions in the neighborhood. The
applicant is following all procedures to obtain other agency permits under the wetland ordinances
and other pertinent codes.
6. Grant of the requested relief is the minimum action necessary and adequate to enable the
applicant to enjoy the benefit of a new s'ngle-fam~ly dwelling, while preserving and protecting the
character of the neighborhood and the health, safety and welfare of the community.
BE_~_OLUTION OF THE BO.A,RF)~ In considering all of the above factors and applying the balancing
test under New York Town Law 267-B, motion was offered by Member Goehringer. seconded by
Member Dinizio, and duly carried, to
GRANT the variance as applied for, as shown on the May 7, 1998 survey prepared by
Peconic ,Surveyors, P.C., last amended November 18, 2004,
This action does not authorize or condone any current or future use, setback or other feature of the
subject properly that may violate the Zoning Code, other than such uses, setbacks and other
features as are expressly addressed in this action.
Vote of the Board: Ayes: Me, mbers Oliva (Chairwoman), Gc~;ipgeR T~)rtoj~a, and
Orlando was absent.) This Resolution was duly adopted ~z~(~.~/~.~
Vincent Orlando, Acting Ch~rhlar~ "~ ~/,P.~'/04
Apl3roved for Filing
Dinizio. (Member
I r°T~
MAP OF PROPERTY
FOR
LOT LINE CHANg
A T ~GREEI~°ORT
TOWN OF SOUTHOLD
SUFFOLK COUNTY, N Y.
~ - O.~-
SCA/.~. Y"-- 40"
MAYT,
~0. 496/5