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Home My WebLink About1000-31.-13-4PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 To: Town of Southold Zoning Board of Appeals From: Mark Terry, Senior Environmental Planner LWRP Coordinator Date: December 20, 2005 (Resubmitted January 19, 2007) Re: ZBA File Ref. No. 5680 (Bollman) Amendment to Permit #5901 W. Bruce Bollman SCTM#1000-31-13-4 W. BRUCE BOLLMAN requests an Amendment to Permit #5901 to move the footprint of the dwelling 2.6' to the east, abandon the existing septic system and install a new septic system, and requests a Coastal Erosion Permit to allow for the construction activity in an approx. 108 sq. ft. section seaward of the CEHA. Located: 1755 Truman's Path, East Marion. SCTM#31-13-4 The Town of Southold Board of Trustees issued a permit for the action on April 21, 2004 The foundation of the proposed structure currently exists and is located in flood zone "X", an area outside of the 500 year flood zone. The Applicant proposes gutters and leaders into four subsurface drainage systems to control surface runoff generated by the structure. A pervious driveway is also proposed No part of the proposed structure is located seaward of the Coastal Erosion Hazard Area. The land area seaward of the proposed structure consists of several existing erosion control structures which include: two wood retaining walls and a wood bulkhead. No other shoreline hardening structures are proposed The proposed structure will be served by public water. The applicant proposes to replace the existing septic system with a new septic system. The expansion pool within the existing septic system is located 74' from the top of bluff line demarked by the (6.3 wood wall). The proposed action has been reviewed to Chapter 268; Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is generally CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP provided that the applicant demonstrates that the following policies are applied to the greatest extent possible prior to issuance of any permit. Policy Standard 4.1 Minimize losses of human life and structures from flooding and erosion hazards. The following management measures to minimize losses of human life and structures from flooding and erosion hazards are suggested: Minimize potential loss and damage by locating development and structures away from flooding and erosion hazards. Avoid development other than water-dependent uses in coastal hazard areas. Locate new development which is not water-dependent as far away from coastal hazard areas as practical. a. No development is permitted in natural protective feature areas, except as specifically allowed under the relevant portions of 6 NYCRR 5O5.8. b. Avoid hazards by siting structures to maximize the distance from Coastal Erosion Hazard Areas. Policy Standard 5.1 Prohibit direct or indirect discharges that would cause or contribute to contravention of water quality standards. Prevent point source discharges into Southold's coastal waters and manage or avoid land and water uses that would: 1. exceed applicable effluent limitations, or 2. cause or contribute to contravention of water quality classification and use standards, or 3. adversely affect receiving water quality, or 4. be contrary to Phase III of the Long Island Sound Study's Nitrogen Reduction Plan which calls for a 58.5% Sound-wide reduction in nitrogen levels. C. Ensure effective treatment of sanitary sewage and industrial discharges by: 8. providing and managing on-site disposal systems: a. use on-site disposal systems only when impractical to connect with public sewer systems, b. protect surface and groundwater against contamination from pathogens and excessive nutrient loading by keeping septic effluent separated from groundwater and by providing adequate treatment of septic effluent, c. encourage the evaluation and implementation of alternative or innovative on-site sanitary waste systems to remediate on-site systems that currently do not adequately treat or separate effluent, d. encourage the use of alternative or innovative on-site sanitary waste systems where development or redevelopment of grandfathered parcels would otherwise increase the level of negative impacts on ground or surface waters, including wetlands. To further the intent of Policy 5.1 and 6.3 A which states; Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. It is recommended that the Trustees require that the septic system be relocated to achieve a 100 setback from the top of bluff line pursuant to Chapter § 97-12. Findings; purpose; jurisdiction; setbacks; unless the Trustees at their discretion deem it appropriate to grant a variance from this requirement, which is wholly within their jurisdiction. Please contact me at (631) 765-1938 if you have any questions regarding the above. JERILYN B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H. SIDOR GEORGED.$OLO~Q~,N JOSEPH L. TOWNg~D PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 To: Town of Southold Zoning Board of Appeals From: Mark Terry, Senior Environmental Planner LWRP Coordinator Date: December 20, 2005 (Resubmitted December 28, 2006) Re: ZBA File Ref. No. 5680 (Bollman) Amendment to Permit//5901 W. Bruce Bollman SCTM#1000-31-13-4 DEC 2 8 2006 W. BRUCE BOLLMAN requests an Amendment to Permit #5901 to move the footprint of the dwelling 2.6' to the east, abandon the existing septic system and install a new septic system, and requests a Coastal Erosion Permit to allow for the construction activity in an approx. 108 sq.fi. section seaward of the CEHA. Located: 1755 Truman's Path, East Marion. SCTM#31-13-4 The structure currently exists and is located in flood zone "X', an area outside of the 500 year flood zone. The Applicant proposes gutters and leaders into four subsurface drainage systems to control surface runoff generated by the structure. A pervious driveway is also proposed The land area seaward of the proposed structure consists of several existing erosion control structures which include: two wood retaining walls and a wood bulkhead. No other shoreline hardening structures are proposed The proposed structure will be served by public water. The applicant proposes to replace the existing septic system with a new septic system. The expansion pool within the existing septic system is located 74' from the top of bluff line demarked by the (6.3 wood wall). The proposed action has been reviewed to Chapter 95, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is_my re_commendation that the proposed action is generally CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP provided that the applicant demonstrates that the following policies are applied to the greatest extent possible prior to issuance of any permit. Policy Standard Minimize losses of human life and structures from flooding and erosion hazards. The following management measures to minimize losses of human life and structures from flooding and erosion hazards are suggested: Minimize potential loss and damage by locating development and structures away from flooding and erosion hazards. Avoid development other than water-dependent uses in coastal hazard areas. Locate new development which is not water-dependent as far away from coastal hazard areas as practical. a. No development is permitted in natural protective feature areas, except as specifically allowed under the relevant portions of 6 NYCRR 505.8. b. Avoid hazards by siting structures to maximize the distance from Coastal Erosion Hazard Areas. Policy Standard 5.1 Prohibit direct or indirect discharges that would cause or contribute to contravention of water quality standards. Prevent point source discharges into Southold's coastal waters and manage or avoid land and water uses that would: 1. exceed applicable effluent limitations, or 2. cause or contribute to contravention of water quality classification and use standards, or 3. adversely affect receiving water quality, or 4. be contrary to Phase III of the Long Island Sound Study's Nitrogen Reduction Plan which calls for a 58.5% Sound-wide reduction in nitrogen levels. C. Ensure effective treatment of sanitary sewage and industrial discharges by: 8. providing and managing on-site disposal systems: a. use on-site disposal systems only when impractical to connect with public sewer systems, b. protect surface and groundwater against contamination from pathogens and excessive nutrient loading by keeping septic effluent separated from groundwater and by providing adequate treatment of septic effluent, c. encourage the evaluation and implementation of alternative or innovative on-site sanitary waste systems to remediate on-site systems that currently do not adequately treai' c~r ~ep~rnte effluent, d. encourage the use of alternative or innovative on-site sanitary waste systems where development or redevelopment of grandfathered parcels would otherwise increase the level of negative impacts on ground or surface waters, including wetlands. To further the intent of Policy 5.1 and 6.3 A which states; Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. It is recommended that the Trustees require that the septic system be relocated to achieve a 100 setback from the top of bluff line pursuant to Chapter § 97-12. Findings; purpose; jurisdiction; setbacks; unless the Trustees at their discretion deem it appropriate to grant a variance from this requirement, which is wholly within their jurisdiction. Please contact me at (631) 765-1938 if you have any questions regarding the above. \~ ~ SMITH, FINKELSTEIN, LUI~DBER6, ISLER AND YAKABOSKI, LLP ATTORNEYS AND COUNSELORS AT LAW E-MAIL: sfliy @peconic.net VIA FACSIMILE and MAIL November 14, 2006 Ruth 01iva Chair of the Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold, New York 11971 Re: Gould v. Town of Southold ZBA - Index No. 05-28436 Dear Ruth: Several weeks ago, the above Article 78 case was conferenced before the Court. At that time, the Court attempted to get the neighbors to resolve their differences and indicated that if the case were not settled, the matter would be remanded to the Zoning Board for technical compliance with Chapter 95 with the realization that the underlying variance would be sustained if a subsequent Article 78 proceeding were brought. The parties did not settle the matter and, as a result, we were before Justice Costello yesterday. He placed a decision on the record remanding the case to the Zoning Board to reconvene and comply with Chapter 95 procedures. The Judge rendered his decision on the record which will be transcribed. In the interim, you can request that the LWRP coordinator supply you with his report on the property. If you have any questions, please do not hesitate to call me. Frank A. Isler FAI/cs cc: Patricia Finnegan, Esq. - by fax (765-6639) PLANNING BOARD MEMBERo JERILYN B. WOODHOUSE Chair WILLIAIM J. CREMER$ KENNETH L. EDWARDS MARTIN H. SlDOR GEORGE D. SOLOMON PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 To: Town of Southold Board of Trustees From: Mark Terry, Senior Environmental Planner LWRP Coordinator DEC 2 0 2005 Date: December 20, 2005 Re: Amendment to Permit #5901 W. Bruce Bollman SCTM#1000-31-13-4 W. BRUCE BOLLMAN requests an Amendment to Permit #5901 to move the footprint of the dwelling 2.6' to the east, abandon the existing septic system and install a new septic system, and requests a Coastal Erosion Pmxnit to allow for the construction activity in an approx. 108 sq.fl. section seaward of the CEHA. Located: 1755 Truman's Path, East Marion. SCTM#31-13-4 The structure currently exists and is located in flood zone "X", an area outside of the 500 year flood zone. The Applicant proposes gutters and leaders into four subsurface drainage systems to control surface runoff generated by the structure. A pervious driveway is also proposed, The land area seaward of the proposed structure consists of several existing erosion control structures which include: two wood retaining walls and a wood bulkhead. No other shoreline hardening structures are proposed The proposed structure will be served by public water. The applicant proposes to replace the existing septic system with a new septic system. The expansion pool within the existing septic system is located 74' from the top of bluff line demarked by the (6.3 wood wall). The proposed action has been reviewed to Chapter 95, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Progrmn (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is generally CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP provided that the applicant demonstrates that the following policies are applied to the greatest extent possible prior to issuance of any permit. Policy Standard 4.1 Minimize losses of human life and structures from flooding and erosion hazards. The following management measures to minimize losses of human life and structures from flooding and erosion hazards are suggested: Minimize potential loss and damage b); locating development and structures away from flooding and erosion hazards. Avoid development other than water-dependent uses in coastal hazard areas. Locate new development which is not water-dependent as far away from coastal hazard areas as practical. a. No development is permitted in natural protective feature areas, except as specifically allowed under the relevant portions of 6 NYCRR 505.8. b. Avoid hazards by siting structures to maximize the distance from Coastal Erosion Hazard Areas. Policy Standard 5.1 Prohibit direct or indirect discharges that would cause or contribute to contravention of water quality standards. Prevent point source discharges into Southold's coastal waters and manage or avoid land and water uses that would: 1. exceed applicable effluent limitations, or 2. cmtse or contribute to contravention of water quality classification and use standards, or 3. adversely affect receiving water quality, or 4. be contrary to Phase II1 of the Long Island Sound Study's Nitrogen Reduction Plan which calls for a 58.5% Sound-wide reduction in nitrogen levels. C. Ensure qffective treatment of sanitary sewage and industrial discharges by: 8. providing and managing on-site disposal systems: a. use on-site disposal systems only when impractical to connect with public sewer systems, b. protect surface aud groundwater against contamination from pathogens and excessive nutrient loading by keeping septic effluent separated from groundwater and by providing adequate treatment of septic effluent, c. encourage the evaluation and implementation of altemative or innovative on-site sanitary waste systems to remediate on-site systems that currently do not adequately treat or separate effluent, d. encourage the use of alternative or innovative on-site sanitary waste systems where development or redevelopment of grandfathered parcels would otherwise increase the level of negative impacts on ground or surface waters, including wetlands. To further the intent of Policy 5.1 and 6.3 A which states; Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. It is recommended that the Trustees require that the septic system be relocated to achieve a 100 setback from the top of bluff line pursuant to Chapter § 97-12. Findings; purpose; jurisdiction; setbacks, unless the Trustees at their discretion deem it appropriate to grant a variance from this requirement, which is wholly within their jurisdiction. Pursuant to Chapter 95, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Please contact me at (631) 765-1938 if you have any questions regarding the above. 1/16/07 Re: Bollman Site conditions. For your update and LWRP consideration, please find attached copy of the latest survey of record, which shows the house was demolished. FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Hall Southold, N.Y. (THIS BUILDING PERMIT PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) PERMIT NO. 31709 Z Date JANUARY 6, 2006 Permission is hereby granted to: W BRUCE BOLLNLAN GPJZNGE ROAD SOUTHOLD,NY 11971 for : CONSTRUCTION OF A NEW SINGLE FAMILY DWELLING PER ZBA 10/28/05 DEC. #5680 WITH CONDITIONS & TRUSTEES PERMIT AS APPLIED FOR (THIS REPLACES 31232Z at premises located at County Tax Map No. 473889 Section 031 pursuant to application dated JANUARY Building Inspector to expire on JULY 1755 TRUNLANS PATH EAST MARION Block 0013 Lot No. 004 6, 2006 and approved by the 6, 2007. Fee $ 946.10 Authorized Signature ORIGINAL SURVEY OF PROPERTY ZITUA TED A T EAST MARION TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. IA× No. 1000-31-13-04 SCALE 1"=20' APRIL 5, 2002 DECEMBER 5, 2005 ADDED TOPOGRAPHICAL SURVEW JANUARY 28, 2004 ADDED WATER LINE, CESSPOOLS & PROP. ADD. MARCH 23, 2004 ADDED COASTAL EROSION HAZARD AREA LINE MAY 6, 2004 ADDED PROPOSED DRYWELLS DECEMBER 2B, 2004 ADDED PROPOSED SEPTIC SYSTEM FEBRUARY 4, 2005 ADDED LOT COVERAGE CALCULATION AND ADDITIONAL OFFSETS FEBRUARY 14, 2005 ADDED BUILDING AREAS WITHIN SETBACKS MARCH 7, 2005 ADDED LOT COVERAGE DATA AUGUST 29, 2005 LOCATED FOUNDATION NAILS NOVEMBER 9, 2005 REVISED AS PER ZONING BOARD OF APPEALS NOVEMBER 21, 2005 LOCATED TOP OF SLOPE & EXCAVATED HOLE NOVEMBER 29, 2005 LOCATED TOP OF SLOPE AS FLAGGED DECEMBER 22, 2005 ADDED 100 SETBACK FROM H.W.M. & REV. SANTARY SYSTEM JANUARY 24, 2006 REV. SANITARY SYSTEM TO SHOW 10' FROM WATER LINE ALONG WEST PROPERTY LINE FEBRUARY 1, 2006 FOUNDATION LOCATION AREA = 9,878.29 sq. ff. (TO TIE LINE) 0.228 ac. CERTIFIED TO: W. BRUCE BOLLMAN NO ]"ES: 1. ELEVATIONS ARE REFERENCED TO N,~,V.D. 1929 DATUM EXISTING GRADES & CONTOUR LINES ARE AS PRIOR TO START OF CONSTRUCTION. EXISTING ELEVATIONS ARE SHOWN THUS: AD EXISTING CONTOUR LINES ARE SHOWN THUS: - S - F FL - fiRST FLOOR G FL - GARAGE FLOOR F E/ TOP OF BULKHEAD ~3 E¢ BOTfOM OF BULKHEAD T W - TOP OF WALL 2. FLOOD ZONE INFORMATION TAKEN FROM: FLOOD INSURANCE RATE MAP No. 56105C0064 G ZONE AE: BASE FLOOD ELEVATIONS DETERMINED ZONE VE: COASTAL FLOOD WI~ VELOCI~( HAZARD (WAVE ACTION); BASE FLOOD ELEWATiONS DETERMINED ZONE X: AREAS DETERMINED TO BE OUTSIDE 500-YEAR FLOODPLAfN AS sHO~/N Ot~ P TEST HOLE DATA (TEST HOLE DUG BY McDONALD OEOSCIENCE ON DECEMBER 15, 2004) 17' UNAUTHORIZED ALTERATION OR ADDmO~ TO THIS SURVEY IS A VIOLATION OF SEC]ION 7209 OF THE NEW YORK STATE EDUCATION LAW. COPIES OF THIS SURVEW MAP NOT BEARING THE LAND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALJD TRUE COPY. CERTIFICATIONS INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED, AND ON HIS BEHALF TO THE TrI~E COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTrftmON LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTI- TUTION. CERTIRCATIONS A~E NOT TRA~IS~. N.Y.S, Lic. Nc Ingeg Surveyo T~tle Surveys - Subdivisions -- Site Plons -- Constructi PHONE (651)727-2090 Fox (631)727-