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HomeMy WebLinkAboutTR-7069Jill M. Doherty, President James F. King, Vice-President Dave Bergen Bob Ghosio, Jr. John Bredemeyer Town H~lAnnex 54375MainRoad P.O. Box 1179 Southold, New York l1971-0959 Telephone (631) 765-1892 Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD CERTIFICATE OF COMPLIANCE # 0540C Date: May 13, 2010 THIS CERTIFIES that the demolition of existing dwelling and accesso~ building, and construction of new dwelling with gutters, leaders to drywells, new one-car garage with gutters, leaders to drywells, new sanitary system, new crashed stone parking area, a 10' wide Non-Turf Buffer is to be maintained along the bulkhead At 120 Terry Path, Mattituck, New York Suffolk County Tax Map # 123-6-13 Conforms to the applications for a Trustees Permit heretofore filed in this office Dated 2/26/08 pursuant to which Trustees Wetland Permit # 7069 Dated 4/22/09 was issued and conforms to all of the requirements and conditions of the applicable provisions of law. The project for which this certificate is being issued is for the demolition of existing dwelling and accesso~ building, and construction of new dwelling with gutters, leaders to drywells, new one-car garage with gutters, leaders to drywells, new sanitary system, new crashed stone parkine area, a 10' wide Non-Turf Buffer is to be maintained along the bulkhead The certificate is issued to LEWIS TOPPER owner of the resaid property. Authorized Signature Jill M. Dohe~'ty, President Jmes F. King, Vice-President Dave Bergen Bob Ghosio, Jr. John Bredemeyer Town Hall, 53095 Main Rd. P.O. Box I 179 Southold, NY 11971 Telephone (63 I) 765-1892 Fax (631) 7654641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD DATE OF INSPECTION: V/' Ch. 275 Ch. 111 INSPECTION SCHEDULE Pre-construction, hay bale line/silt boom/silt curtain Ist day of construction % constructed __ Project complete, compliance inspection. INSPECTED BY: COMMENTS: CERTIFICATE OF COMPLIANCE: Marling Address: PO Box 1547 a,iverhead, NY 11901 VIA FACSIMILE- (631) 765-6641 Board of Town Tr~t~¢s Southold Town P.O. Box 1179 South old, NY 11971 CHARLES R. CUDDY Attorney at Law 445 Griffing Avenue Riverhead, NY 11901 April 26 2010 Tel: (631 ) 369-8200 Pax: ~63 I) 369-9050 e-mail: charles c~ddv~veri~21.net Arran: Lauren Standish, S~:retarial Assistant Re: Lewis Topper-120 Terry Path, Mattituck $CTM#1000-123-6-13 Dear Ms. Standish: ha.v¢ noticed tlc. at ~e ~permit gr_~ted to Lewis Topper had terms and conditions attached. One o! me xerms stat~s that the lm~ees Permit is to be recorded as a covenant. We are not aware of what language is to be included in that covenant, Could we discuss this with you orth¢ Trustees' attomef Please advise. CRC:ik Enclosure Very truly yours, hades R. Cuddy COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK CC #: C10-18763 I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original DECLARATION recorded in my office on0512012010 under Liber D00012625 and Page 380 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 0512012010 SUFFOLK COUNTY CLERK JUDITH A. PASOALE SEAL SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION N~m~er of Pages: 4 Receipt Number : 10-0060287 District: 1000 Recorded: 05/20/2010 At: 01:39:27 PM LIBER: D00012625 PAGE: 380 Section: Block: Lot: 123.00 06.00 013.000 EXAMINED AND CHARGED AS FOLLOWS Page/Filing COE TP-584 Cert. Copies Received the Following Fees For Above Instrument Exempt Exempt $20.00 NO Handling $20.00 NO $5.00 NO NYS SRCHG $15.00 NO $0.00 NO Notation $0.00 NO $5.00 NO RPT $30.00 NO Fees Paid $95.00 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL ~UDITH A. PASCALE County Clerk, Suffolk County Nur~ber of pages This document will be public record. Please remove all Social Security Numbers prior to recording. Deed / Mortgage Instrument Page / Filing Fee Handling 20. 00 TP-584 Notation EA-52 17 (County) EA-5217 (State) R.P.T.SA. Comm, of Ed. 5, 00 Affidavit Certified Copy NY5 Surcharge 15. O0 Other Deed / Mortgage Tax Stamp Recording / Filing Stamps FEES Sub Total Sub Total Grand Total I Dist. 1000 12300 0600 013000 4 000 I Real Propert ~ Tax Service Agency Verification Improved Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: Vacant Land Charles R. Cuddy, Esq. TD 445 Griffing Avenue TD Riverhead, NY 11901 TD Mail to: Judith310 CenterA' Pascale,Drive,SUffOlkRiverhead,County NyClerk11901co7,~l/ame Title Company Information www.suffolkcountyny.gov/clerk Tit e # Suffolk County Recording & Endorsement Page This page forms part of the attached by: Lewis E. Topper and Margaret Savercool Declaration of Covenants (SPECIFY TYPE OF INSTRUMENT) The premises herein is situated in SUFFOLK COUNTY, NEW YORK. Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec./Assit. or Spec./Add. TOT. MTG. TAX Dual Town __ Dual County __ Held for Appointment Transfer Tax Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES or NO If NO, see appropriate tax clause on page #__ of this instrument. 5 Community Preservation Fund Consideration Amount $ CPF Tax Due $ made TO In the TOWN of Southold Town of Southold In the VILLAGE or HAMLETof Mattituck BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING, (over) IMPORTANT NOTICE If the document you've just recorded is your SATISFACTION Of MORTGAGE, please be aware of the following: If a portion of your monthly mortgage payment included your property taxes, ~/ou will now need to contact your local Town T ax Receiver so that you may be billed directly for all future property tax statements. Local property taxes are payable twice a year: on or before January lO,h and on or before May 31~. 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, N.Y. 11757 (631 ) 957-3004 Riverhead Town Receiver of Taxes 200 Howell Avenue Riverhead, N.Y. 11901 (631) 727-3200 Brookhaven Town Receiver of Taxes One Independence Hill Farmingville, N.Y. 11738 (631) 451-9009 Shelter Island Town Receiver of Taxes Shelter Island Town Hall Shelter Island, N.Y. 11964 (631) 749-3338 East Hampton Town Receiver of Taxes 300 Pantigo Place East Hampton, N.Y. 11937 (631 ) 324-2770 Smithtown Town Receiver of Taxes 99 West Main Street Smithtown, N.Y. 11787 (631) 360-7610 Huntington Town Receiver of Taxes 100 Main Street Huntington, N.Y. 11743 (631) 351-3217 Southampton Town Receiver of Taxes 116 Hampton Road Southampton, N.Y. 11968 (631 ) 283-6514 Islip Town Receiver of Taxes 40 Nassau Avenue Islip, N.Y. 11751 (631) 224-5580 Southold Town Receiver of Taxes 53095 Main Street Southold, N.Y. 11971 (631) 765-1803 dw 2/99 Sincerely, Judith A. Pascale Suffolk County Clerk DECLARATION OF COVENANTS THIS DECLARATION made this Iq ~ day of /Lth~ ,2010, by Lewis E. Topper and Margaret Savercool both residing at 220 E 65 Street, Apt. 19G, New York, NY 10065, hereinafter referred to as "DECLARANT": WITNESSETH: WHEREAS, DECLARANT is the owner of certain real property located on 120 Terry Path (a/k/a 3606 Camp Mineola Road), Mattituck, Town of Southold, County of Suffolk, State of New York, described in the Suffolk County Tax Map as District 1000, Section 123, Block 6, Lot 13 which is more particularly bounded and described as set forth in Schedule "A" annexed hereto, hereinafter referred to as the Property; WHEREAS, the Property is situated on lands within the jurisdiction of the Board of Trustees of the Town of Southold (hereinafter the "Trustees") pursuant to Chapter 275 of the Town Code of the town of Southold or its successor, and various activities conducted upon the property may thus be subject to the regulation and approval of the Trustees prior to being conducted; WHEREAS, the DECLARANT therefore made application to the Trustees for a permit pursuant to the Wetlands Law of the Town of Southold to undertake certain regulated activities; and WHEREAS, as a condition of the granting of a Wetlands Permit to undertake such regulated activities, the Trustees required a 10 foot wide "non-turf buffer" adjacent to the bulkhead; NOW, THEREFORE, the DECLARANT does hereby covenant and agree as follows: 1) Upon the substantial completion of the aforementioned permitted activities there shall be established and subsequently maintained a 10 foot wide "non-turf buffer" adjacent to the bulkhead as defined by Chapter 275 of the Town Code; and 2) These covenants shall mn with the land and shall be binding on the DERCLARANT, his heirs, assigns, purchasers, or successors in interest and may Page -1- STATE OF NEW YORK) SS.: COUNTY OF /~If~0,~) On the }1~ ~day of only be modified after a public hearing and upon resolution of the Trustees. 1N WITNESS WHEREOF, the owner has duly execu~ ]/~ ~day of //~A~( , 2010. Eewis E. Topper in the year 2010 before me, the undersigned, personally appeared, Lewis E. Topper, 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 upon behalf of which the individual acted, executed the instrument. STATE OF NEW YORK) SS.: COUNTY OF ~{"l~'t~tk) On the lq ~day of Notary Pu C ~.YNE R. LEHRHAUPT Noter' Public, State of New York Ne. 31.4609162 Oueli~i:~c~ m ,~Jew York Countyl /~ Commi;J~i,~n/2xpires Feb. 28, 2OJ..~ in the year 2010 before me, the undersigned, personally appeared, Margaret Savercool, 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 she executed the same in her capacity, and that by her signature on the instrument, the individual or the person upon behalf of which the individual acted, executed the instrument. Page -2- Notary Pub~i~ Note ,AYN:: R. LEHFIHAUPT Public, State of New York I'dr~, 31-4609 t 62 O*t~ilfiad i,'~ New Yet;; County Comm~$$i.o,t Fxpirett Feb. 2}:], 20.J-."'~ SCHEDULE A ALL that certain plot, piece or parcel of land situate, with the buildings and improvements thereon erected, lying and being in Mattituck, Town of Southold, Suffolk County, New York, bounded and described as follows: BEGINNING at a point on the southerly side of Reeve Avenue, distant 100.00 feet easterly from the comer formed by the intersection of the southerly side of Reeve Avenue with the easterly side of Camp Mineola Road; RUNNING THENCE along the southerly side of Reeve Avenue and the 50' right of way 89 degrees 09 minutes and 00 seconds East, a distance of 49.00 feet; THENCE RUNNING South 02 degrees 13 minutes and 10 seconds East, a distance of 630.87 feet through a wood bulkhead to a point on the tie line of the Great Peconic Bay; THENCE RUNNING along the said tie line South 79 degrees 14 minutes 25 seconds West, a distance of 55.83 feet to a point; THENCE RUNNING North 01 degrees 39 minutes 30 seconds West, a distance of 641.82 feet to the point or place of BEGINNING. James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghos±o, Jr. Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765~1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES 72 HOURS PRIOR TO COMMENCEMENT OF THE WORK, TO MAKE AN APPOINTMENT FOR A PRE-CONSTRUCTION INSPECTION. FAILURE TO DO SO SHALL BE CONSIDERED A VIOLATION AND POSSIBLE REVOCATION OF THE PERMIT. INSPECTION SCHEDULE V~Pre-construction, hay bale line 1st day of construction ¼ constructed Project complete, compliance inspection. BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 7069 DATE: APRIL 22~ 2009 ISSUED TO: LEWIS TOPPER PROPERTY ADDRESS: 120 TERRY PATH~ MATTITUCK SCTM# 123-6-13 AUTHORIZATION Pursuant to the provisions of Chapter 275 and/or Chapter 111 of the Town Code 6fthe Town of Southold and in accordance with the Resolution of the Board of Trustees adopted at the meeting held on April 22, 2009, and in consideration of application fee in the sum of $250.00 paid by Lewis To~ei' land subject to the Terms and Conditions as stated in the Resolution, the Southotd Town Board of Trustees authorizes and permits the following: Wetland Permit to demolish the existing dwelling located 15' north of the bulkhead and construct a new dwelling 65' from the bulkhead; demolish the existing accessory building, construcf a one-car garage, abandon the existing septic system and install a new sanitary system, and install a new, crushed stone parking area, With the conditions of a line of staked hay bales with silt fencing is installed landward of the 10' non-turf buffer prior to construction, the installation of a 10' non-turf buffer landward of the bulkhead, the installation of gutters, leaders and drywells to contain roof runoff and in accordance with Chapter 236 of the Town Code-Storm Water Runoff, and as depicted on the survey prepared bY John C. Ehlers Land Surveyor, last dated April 12, 2009, and received on April 14, 2009. 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. TERMS AND CONDITIONS The Permittee Lewis Topper, re~qidino at 120 Terry Path, Mattituck, New York as part of the consideration for the issuance of the Permit does understand and prescribe to the following: That the said Board of Trustees and the Town of Southold are released from any and all damages, or claims for damages, of suits arising directly or indirectly as a result of any operation performed pursuant to this permit, and the said Permittee will, at his or her own expense, defend any and all such suits initiated by third parties, and the said Permittee assumes full liability with respect thereto, to the complete exclusion of the Board of Trustees of the Town of Southold. That this Permit is valid for a pe~i0d of 24 months, which is considered to be the estimated time required to complete the work involved, but should circumstances warrant, request for an extension may be made to the Board at a later date. That this Permit should be retained indefinitely, or as long as the said Permittee wishes to maintain the structure or project involved, to provide evidence to anyone concerned that authorization was originally obtained. That the work involved will be subject to the inspection and approval of the Board or its agents, and non-compliance with the provisions of the originating application may be cause for revocation of this Permit by resolution of the said Board. That there will be no unreasonable interference with navigation as a result of the work herein authorized. That there shall be no interference with the right of the public to pass and repass along the beach between high and low water marks. That if future operations of the Town of Southold require the removal and/or alterations in the location of the work herein authorized, or if, in the opinion of the Board of Trustees, the work shall cause unreasonable obstruction to free navigation, the said Permittee will be required, upon due notice, to remove or alter this work project herein stated without expenses to the Town of Southold. The Permittee is required to provide evidence that a copy of this Trustee permit has been recorded with the Suffolk County Department of Real Properties Office as a notice covenant and deed restriction to the deed of the subject parcel. Such evidence shall be provided within ninety (90) calendar days of issuance o.f this permit. That the said Board will be notified by the Pennittee of the completion of the work authorized. That the Permittee will obtain all other permits and consents that may be required supplemental to this permit, which may be subject to revoke upon failure to obtain same. James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall Annek 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 Apdl 22, 2009 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Mr. Charles R. Cuddy, Esq. 445 Griffing Avenue Riverhead, NY 11901 RE: LEWIS TOPPER 120 TERRY PATH, MATTITUCK SCTM# 123-6-13 Dear Mr. Cuddy: The Board of Town Trustees took the following action dudng its regular meeting held on Wednesday, April 22, 2009 regarding the above matter: WHEREAS, Chades R. Cuddy, Esq., on behalf of LEWIS TOPPER applied to the Southold Town Trustees for a permit under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated February 26, 2008, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council and to the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, the LWRP Coordinator recommended that the proposed application be found Inconsistent with the LWRP, and, WHEREAS, the Board of Trustees has furthered Policy 4.1, 6.3 of the Local Waterfront Revitalization Program to the greatest extunl, possib;u i. hruugh the imposition of the following Best Management Practice requirements: a line of staked hay bales with silt fencing is installed landward of the 10' non-turf buffer pdor to construction, the installation of a 10' non-turf buffer landward of the bulkhead, the installation of gutters, leaders and drywells to contain roof runoff and in accordance with Chapter 236 of the Town Code-Storm Water Runoff, and WHEREAS, a Public Headng was held by the Town Trustees with respect to said application on Apd122, 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, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that for the mitigating factors and based upon the Best Management Practice requirement imposed above, the Board of Trustees deems the action to be Consistent with the Local Waterfront Revitalization Program pursuant to Chapter 268-5 of the Southold Town Code, and, RESOLVED, that the Board of Trustees approve the application of LEWIS TOPPER to demolish the existing dwelling located 15' north of the bulkhead and construct a new dwelling 65' from the bulkhead; demolish the existing accessory building, construct a one-car garage, abandon the existing septic system and install a new sanitary system, and install a new crushed stone parking area, with the conditions of a line of staked hay bales with silt fencing is installed landward of the 10' non-turf buffer prior to construction, the installation of a 10' non-turf buffer landward of the bulkhead, the installation of gutters, leaders and drywells to contain roof runoff and in accordance with Chapter 236 of the Town Code-Storm Water Runoff, and as depicted on the survey prepared by John C. Ehlers Land Surveyor, last dated Apd112, 2009, and received on April 14, 2009. Permit to construct and complete project will expire two years from the date the permit is signed. Fees must be paid, if applicable, arzd 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 V~¥ truly yours,t,~ , Jam~es F. King'~ President, Board of Trustees JFK/eac SOUTHOLD TRUSTEES Issued To. LAiJ.5_.~or__ Date~? Address~ THIS NOTICE MUST BE DISPLAYED DURING CONSTRUCTION TOWN TRUSTEES OFFICE,TOWN OF SOUTHOLD SOUTHOLD, N.Y. 1.1971 TEL.: 765-1892 James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: Please be advised that your application dated ~"~o,o~q ,~G, c~Q:~ has been reviewed by this Board at the regular meeting of /'~r~"~ I ~ ~? and your application has been approved pending the completion ~f the following items checked off below. __ Revised Plans for proposed project ~ Pre-Construction Hay Bale Line Inspection Fee ($50.00) 1st Day of Construction ($50.00) __ ~ Constructed ($50.00) ~ Final Inspection Fee ($50.00) Dock Fees ($3.00 per sq. ff,) Permit fees are now due. Please make check or money order payable to Town of Southold. The fee is computed below according to the schedule of rotes as set fo~h in Chapter 275 of the Southold Town Code. The following fee must be paid within 90 days or re-application fees will be necessa~. You will receive your permit upon completion of the above. COMPUTATION OF PERMIT FEES: TOTAL FEES DUE: BY: James F. King, President Board of Trustees New York State Department of Environmental Conservation Division of Environmental Permits, Region One SUNY @ Stony Brook, 50 Circle Road, Stony Brook, NY 117S0 - 3409 Phone: (631) 444-0365 · FAX: (631i 4444360 Website: www dec state ny,us June 18, 2008 Letter of Non-Jurisdiction - Tidal Wetlands Lewis Topper Apt, 19G /:'~ z_ ', " 220 E 65~' St New York, NY 10065 Re: Tapper Propody 120 Terry Path Mattituck, NY 11952 SCTM# 1000-123-06-13 DEC# 1-4736-03819100001 Dear Mr. Topper: Based on the information you have submitted, the New York State Department of Environmental Conservation has determined that: The portion of your properly which is located landward of a functicnal end substantial man-made structure (a bulkhead) greater than 100' in length, constructed prior to 8/20/77 as evidenced on NYSDEC Tidal Wetlands Map# 708-538 and as shown on the survey prepared by Robert A Kart dated June 24, 1974, is beyond the jurisdiction of Article 25 (Tidal Wetlands) Therefore. in accordance with the current Tidal Wetlands Land Use Regulations (6NYCRR Part 661) no permit is required under the Tidal Wetlands Act Please be advised, however, that no cons ruct on, sedimentation, or disturbance of any kind may take place seaward of the tidal wetlands jurisdictional boundary, as indicated above, without a permit It is your responsibility to ensure that all necessary precautions are taken to prevent any sedimentation or other alteration or d~sturbance to the ground surface or vegetation within Tidal WeUands jurisdicton which may result from your project Such precautions may include maintaining adequate work area between the tidal wetland jurisdictional boundary and your project (i.e. a 15' to 20' wide construction area) or erecting a temporary fence barrier or hay bale berm, ' ' Please be further advised that this letter does not relieve you of the responsibility of obtaining any necessary permits or approvals from other agencies Catherine Mesiano MHP Laura J S¢ovazz. o Permit Administrator James F. King, President Jill M. Dohe~xy, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jl. P.O. Box 1179 Southold~ NY 11971 Telephone (631 ) 765-1892 Fax (631 ) 765-6641 Southold Town Board of Trustees Field Inspection/Worksession Report Date/Time: LEWIS TOPPER requests a Wetland Permit to demolish the existing dwelling located 15' north of the bulkhead and construct a new dwelling 65' from the bulkhead; demolish the existing accessory building, construct a one-car garage, abandon the existing septic system and install a new sanitary system, and install a new crushed stone parking area. Located: 120 Terry Path, Mattituck. SCTM#123- 6-13 area to be impacted: ater Wetland Freshwater Wetland Sound Distance of proposed work to edge of wetland Part of Town Code proposed work falls under: ~-~:I~pt.275 __Chapt. 111 other Type of Application: fL/"Wetland __Coastal Erosion __Amendment __Administrative__Emergency Pre-Submission Violation Info needed: Modifications: Present Wer~King' .J~.Doherty t~P.Dickerson ~"D. Dze~oo~ski ~7'=~.__~tl~er -- Form filled out in the field by /~. Bergen ~B.Ghosio, Mailed/Faxed to: Date: Environmental Technician Review- ZONINGBDOFAPPEAL~ PAGE 02/07 Tow] Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Aveoue) Southold, NY 11971 ~g AddrqSS: 53095 Main Road Et. Box 1179 Southold, NY 11971-0959 http://southoldtown,northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel,(631) 7654809 Fax (631)76~-9064 FINDINGS, DEI.YRERATIONS AND DETERMINATION MEETING OF MARCH 19, 2009 ZBA # 6248 -LEWIS TOPPER, Applicant CTM 1000.123-6-13 Loeatlon of Property: 120 Terry Lane (a/k/a 3606 Camp Mineola Roud, Mattituck), adjacent to Great Peconic Bay. SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that tiffs review falls under the Type 11 category of the State's List of Actions, without further steps under SEQRA. S, UFFOLK.C.O_UNTY ADMINISTRbTI3~CODE: This application has been referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning reply dated December 5~ 2008 states flint the application is considered a matter for local determination as there appears to be no significant comity-wide or inter-COmmunity impact. PROI~ERTY FACTS: The Applicant's property is 49 feet' wide, fronting along the south side of a private right-of-way (120 Terry Path, a/k/a Reeve Avenue) and 630.87 feet meaSured from the right-of-way line to the tie 'line along the average mean high water line at Great Peconic Bay. The property is improved with a single-family dwelling with additions noted in Certificate of Occupancy #7~18344 dated August 31, 1989, and shown on the June 24, 1974 survey prepared by Robert A. Kart, L.S. for former owners, patrick and Milly McMah0o. The property is also improved with an accessory building with play room and sleeping quarters, and without ldtchen faeiliti~, as noted in Certificate of Occupancy # 7-~2752 dater}July 19, 1967 and Building Permit #3430.Z dated April 12, 1967. BASIS OF THlg< APPLICATIOn.: This application is based on the Building Inspector's amended October 10, 2008 Notice of Disapproval and the owner's request for a building permit to construct a new single-family dwelling and a new accessory building proposed with a nonconforming use (after demolition of the existing dwelling and existing nonconfornfing accessory building). The code sections for wlrieh this Appeal is based are: Sections 280-12 and 280-124, based on the October 10, 2008 Building I~speetor's Notice of Disapproval: (1) file proposed single-family dwelling will be less than 15 feet on a single side yardl (2) the proposed single-family dwelling will be less than 35 feet for total side yard setbacks; ZONZN6BDOF~PPE~L~I P~6E' 03/07 Pa~e 2 - Msreh t9 ~t~0~ ZBA ~q~24~ - LEWIS TOPPER, Applicant CTM 123-6-13 (3) the proposed dwelling will be less than 75 feet from thc bulkhead adjacent to Great Peco~c Bay; (4) a new accessory building is proposed with (nonconforming) habitable .space, and permitted uses are limited to single-family detached dwellings, not to exceed one dwelling on each lot. LWRP; TOWN coDE CHAPTER 95 (268) LWRP DETERMINATION A lette~ was submitted to the ZBA from the Town LWRP Coordinator stating that the new construction is inconsistent. The existing 31' x 49' frame home on this lot is 15 feet north of the existing bulkhead, and the applicant wishes to build a new 15~ x 60' two-story home set hack 40 feet from bulkhead. This .decision by applicants to place thc home back from the bulkhead makes the project more conforming to the codes, as well as the objectives and policy standards of LWRP. The applicant is requesting a new dwelling and accessory boathonse/storage building in new locations, after demolishing the exisfin~ buildings on the property. A letter was submitted to the Board of Appeals stating that the requested dwelling construction is not consistent with Chapter 268, Waterfront Consistency Review of the Town of Sonthold Code and Local Waterfront Revitalization Program (LWRP) standards, and reasons stated in the LWRP Coordinator's letter to the Zoning Board of Appeals dated February 9, 2009, staling that under Policy 4 of chapter 268, the structure is proposed to be located in the FEMA Flood Insurance Rate Map (HRM) AE8 Flood Zone, a high risk flooding area defined as: arenas with a 1% aannal chance of flooding and a 26% chance of flooding over the life of a 30-year mortgage. The letter suggests minimizing potential loss and damage by locating development and strnctures away from the flooding and erosion hazards, and to require the applicant to amend the pcoposed construction action to meet or further the LWRP Policies 4 and 5~ and Section 280-116 for a greater (75 fl.) setback from the bulkhead. The original plan offered by applicant in this application shows a proposed setback of 40 feet from the bulkhead and (flooding and erosion hazard area), and has confirmed that alternative relief offered by the Board when voting would be accepted in the event tile applicant is not granted as applied forat 40 feet. It is the Opinion of the Board that a greater setback from tile bulkhead would bring the new construction into greater conformity with the Zoning and LWRP Codes. The plan offered by. applicant at 40 feet from the bulkhead does not reasonably eliminate the balkbead setback nonconformity and creates a new nonconformity after demolition of the existing buildings. The location r~quested is 40 feet from the bulkhead adjacent to the shoreline, which does nOt minimize potential loss and damage from flooding and erosion hazards, or minimize losses of human llfe and structure.s from flooding and erosion h~ards. Grant of alternative reilef increasing the setback will achieve a great reasonable degree of conformity with the Zoning regulations, as well as the LWRP, which mandates the highest standards of coastal erosion/wetland/water bodies protection approved by New York State and Southold Town. ZONINGBDOFAPPEA$ PAGE 04/0? Page 3 - March 19~ 2009 ZBA #624~I - LE~VI5 TOPPER, Applicant CTM 123-6-13 ADDITI.O. NAL INFO]~MATION: Most of the homes in the applicant's immediate area Worn located more than 60 yoars ago and in current nonconforming setback locations. This section consists.of many long, relatively narrow waterfront lots with cottage type or older, stately summer homes, the m%~ortty of which are nonconforming, although updated in the past FiNDINGS OF FACT The Zo~ng Board of Appoals hold a public hearing February 19, 2009, at which timo written and oral evidence were presented. Based upon all tosttmony, documentation, porsonal inspection of the property, and other ovldence, thc Zoning Board· finds the following facts, to be true and tolerant: Area Relief Requested:. Proposed·construction of a new singl~-falnily dwelling on a 32,044 square foot waterfront lot 0and area between the street and the seaward ~f tho bulkhead), or 3.3,126 sq. ft. total parcel size after demofitian of existing dwelling and accessory, garage building. The primary dwelling is proposed nv~h a single side yard at 10 feet and total side yards.of30 feet, and 40 feet m the bidkhead at its closeSt points. Additional Information: Thc applicant con~rmed at the February 19, 2009 public hearing and in its letter dated February 20, 2009, that there is no sloeping quarters or residential use of the boathouse/garage building, 'and the accessory building and its use are proposed as boat and other storage and only to meet code (without a variance). Reasons..for Board Action: On the basis o[ testimony presented, materials submitted and personal iaspe~tions,'the Board makes the following findings: 1. Town LaW ~267-bf3~(b)f3)(l)~ Grant of the requested variance with respect to the bulkhead setback will produce an nndesirahie change in the ckaracter of the immediate neighborhood. The applicant's property and many of the adjacent lots are greater than 500 feet in depth (measured between the street right-of-way and Peconte Bay), 49 feet along the northerly lot line, and $5.83 feet wide at the Bay. The existing character of the neighborhood is characterized as that of Structures that have pre-existi~g non conforming setbacks which our code seeks to ellmJJaate over time by requiring that any new construction be made to substantially conform to the code. These pre-existing structures are generally Older and smaller than the new home construction proposed by applicant. Grant of a subStantial increase, as applied for at 40 feet, will have the undesirable effect on the neighborhood of enlarging the nonconformity and preserving the nonconforming setback indefinitely into the future, rather than phasing it out over time. Such a reszdt would be an initial step in transforming the neighborhood from a nonconforming cottage commnhity to a nonconforming i~rger home community, which contradicts the intent of the Town Code to reduce nonconformities and protect shorelines. It is the applicants' contention that becauSe most on the neighborhood structures have pre~ existing nonconforming setbacks from the bulkhead, they'should be allowed to continue ~nd expand the nonconformity. The board finds that this is not a compelling reason to grant a variance that would exceed the code minimum by moro thau 65% for the setback from the bulkhead and 50% for the side yard. 03/24/200B 10:S9 63176~ ZONINGBDOFAPPEAO PAGE B5/07 ZBA #~248 - L~WI$ TOPPER, Applicant CTM The deeper lots do provide a reasonable amount of space to move the dwelling to an increased distance from Peconlc Bay/bulkhead. During the hearing, the attorney for the applicant as well as the applicant, agreed to th6 Board's granting alternative relief in the event the application is not approved as applied for.' The Board has no specific concern with a five~fo0t reduction to allow a single side yard at l0 feet and total side yards of 30 feet for tho new dwelling. The. Board, however, determines that alternative relief is necessary to bring tho setback into more conformity to the ~ode, by increasing the setback from the bulkhead for the new dWelling by an additional 25 feet from the applicant's request pf 40 feet. The alternative relief agreed to by the Board is for a setback at not less than 65 feetbetweeu tile bulkhead and the new dwelling. During the hearing, the Board received significant testimony on the second (boathouse storage) building~ and it was noted that the Building Inspector as a second dwelling in his Notice of Disapproval. At the hearing the attorney for the applicant, confirmed they :ire not proposing a second dwelling or a kitchen or sleeping quarters, and wish' only to use the accessory building as a boathouse/storage/garage buildigg. The applicant's agent also submitted two different design diagrams for the new accessory storage building which do not include areas for sleeping and/or 'cooking facilities or guest cottage/dwelling use. The Board determines that the first alternate diagrum (GS ~, referred to as #1) would be the best of the three proposals, allowing for .additional storage on the second floor. 2, Town Law ~267-b(3)(b~¢3}{2~, The benefit sought by the applicant can be achieved by some other method for the applicant to pursue because strict adherence of the code Would require a minimum 75 foot setback from the bulkhead. The total side yards would be reduced by five feet from the total 35 ft. code requirement, .or 14.28% reduction. The Board finds that a distance of 65 feet minimum to the bulkhead will be more conforming to the codes based upon the area of older converted summer homes that have variable setbacks than the requested 40 feet. 3. Town Law:.~267-b.{3](b]($](3). The amount of relief requested is substantial, resulting in a (47% reduction at 40 feet), instead of the code required 75 feet. 4. Town Law ~26%b(31(b't(3't(S'). The difficulty bas been self-created, except that the applicant wishes to demolish the buildings on the property and build new buildings to meet current building construction and fire safe~y codes. Also, the applicant purchased or has owned this house with full knowledge that it is in a nonconforming location on the property and has chosen tO ask for relief from the code~ rather than to locate the new house on a conforr~ng location. 5. Town Law §267-b(3)~b]f3](4]. No evMence has been submitted to suggest that a variance in tl~s residential community will not have an adverse impact on the physical or environmental.conditions in the neighborhood. With r~qpeet to the dwelling, the town considers the physical conditions of this neighborhood to be substantially nonconforming and enacted a law (Zoning Code Section 280-1.22A) (and Zoning Interpretation under ZBA ~039-Walz) in an effort to grant relief to 631' ZONINGBDOFAPPEALe PAGE 06/07 SBA ~76248- LEVIS TOPPER~ Applicant CTM 123-6-13 pre-existing structures as long as they do not increase the degree of nonconformity. The board 'finds that the aPplicant's reason to grant the variance because the non conformities already exist is not evidence to vary the code to the ex, eat requested. With respect to the accessory boathouse-storage/garage building, the Board finds that applicant has modified the building plan and has not requested a variance to add sleeping quarters or similar living space, and flint has confirmed that the btfilding will meet current codes as to its use and construction (rather than as indicated by the Building Inspector's ~nended October 10, 2008 Notice of Disapproval). 6. The Board also finds, upon balancing the above-enumerated factors, that detriment to the health, safety and welfare of the ~neighborhood and community in granting a variance as applied for, concerning the dwelling, outweighs the benefit to the applicant, and that tho variances sought for the setback of the .house to the bulkhead is denied, and Alternative Refief is granted, as noted below. REsOLUTIQN OF TH~ B.O. ARD: In considering all of the above factors and applying the balancing test'under New York Town Law 267-B, motion was offered by Member Oliva, seconded by Member Simon, and duly carried, to DENY the requested setback of 40 feet from the b~dkhead, and to GRANT a minimum setback of 65 feet from the bulkhead to the new dwelling; and to GRANT the requested side yard variances for the new dwelling subiect to the following condltioas: ' 1) The new (primary) dwelling shall have a minimum single side yard at ] 0 feet and opposite side yard at 20 feet, for total side yards of 30 feet. 2) Construction of hoth the new dwelhng and accessory braiding, and aetiv~ties at the site, shall follow both the recommendations of LWRP letter dated February 9, 2009 and' shall meet the drainage code to mitigate storm water nmoff concerns; and it was further moved, to GRANT Alternative Plan #1 dated 2/19/09 prepared by David Bors Architecture subject to the following conditions: 1) Use Shall be accessory for storage and withou~ heat, without sleeping quarters or dwefiing-type habitable use, and containing only. the utility of electricity for lighting and security; ' 3) Any plumbing shall be restricted to the outside walls of the building, for the ' pm'po~e of an ~ou~door shower and domestic water for i~rlgatioa. 2) Roof height shall not exceed the height of 18 feet. 03/24/~009 10:59 PAGE 07/07 Page 6 - March 19, 2009 ZBA #6248 - LEWIS TOPPER, Applicant GTM 123-6.13 That the above conditions be written into the Building Inspector's Certificate.of Occupancy, whet~ issue& Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zonhag 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, sethaclcq and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar d~ign that is de minimis in nature for an alteration that does not increase the degre~~ Vote of the Board: Ayes: Members Goe~ (Chaizm~, ~n~ism~, and / ~Pproved for ~g ~ . Southold Town Board of Trustees Field Inspection/Work session Report Date/Time: Catherine Mesiano, Inc. on behalf of LEWIS TOPPER requests a Wetland Permit to demolish the existing 31 'X 49' frame house located 15' north of the existing bulkhead and construct a new 15'X 60' two-story dwelling 40' north of the bulkhead; relocate and renovate the 18'X 37' accessory structure presently location 126' north of the bulkhead to 154' north of the bulkhead; abandon the existing septic system and install a new sanitary system 125' from the bulkhead and 125' from AHW; install drywells for containment of stormwater run-off, and create a 10' non-turf buffer. Located: 3605 Camp Mineola Rd., Mattituck. SCTM#123-6-13 Type of area to be impacted: Saltwater Wetland Freshwater Wetland __Sound Distance of proposed work to edge of above: Part of Town Code proposed work falls under: tk-.-"~pt.275 Chapt. 111 __other Type of Application: L,/'C~:~fland Coastal Erosion __Amendment Emergency Pre-Submission Violation Info needed: 1~ [/"'h ~P J-,t._' ' , ,$· c~C94`- (~O Administrative Modifications: Conditions: Present Were: ~J.King b,~.Doherty P.Dickerson D. Bergen __ H. Cusack D. Dzenkowski Mark Terry other Form filled out in the field by: B. Ghosio, Jr Mailed/Faxed to: Date: Environmental Technician Review: Donald Wilder, Chairman Lauren Standish, Secretary Town Hall, 53095 Main Rd. P.O. Box 1179 Southold, NY 11971 Telephone (631 ) 765-1892 Fax (631) 765-6641 Conservation Advisory Council Town of Southold At the meeting of the Southold Town Conservation Advisory Council held Wed., March 12, 2008, the following recommendation was made: Moved by James Eckert, seconded by Jack McGreevy, it was RESOLVED to SUPPORT the Wetland Permit application of LEWIS TOPPER to demolish the existing 31'X 49' frame house located 15' north of the existing bulkhead and construct a new 15'X 60' two-story dwelling 40' north of the bulkhead; relocate and renovate the 18'X 37' accessory structure presently location 126' north of the bulkhead to 154' north of the bulkhead; abandon the existing septic system and install a new sanitary system 125' from the bulkhead and 125' from AHW; install drywells for containment of stormwater run- off, and create a 10' non-turf buffer. Located: 3605 Camp Mineola Rd., Mattituck. SCTM#123-6-13 Inspected by: James Eckert, Jack McGreevy, Jacob Smith The CAC Supports the application with the Condition the Evergreens are saved, a 10' non-turf buffer is installed landward of the wetland boundary, a staked row of hay bales and silt fencing is installed prior to construction activities, and gutters and drywells are installed to contain the roof run-off. Vote of Council: Ayes: All Motion Carried COUNTY OF SUFFOLK Q I~ 4 '-~ so?t~OLD s~c]~o. NO CHARLES R. CUDDY Attorney at Law 445 Griffing Avenue Riverhead, NY 11901 Mailing Address: PO Box 1547 Riverhead, NY 11901 Tel: (631) 369-8200 Fax: (631) 369-9080 e-mail: charles.cudd¥~verizon.net May 5, 2009 Board of Town Trustees Southold Town P.O. Box 1179 South old, NY 11971 Attn: Lauren Standish, Secretarial Assistant Re: Lewis Topper-120 Terry Path, Mattituck SCTM#1000-123-6-13 $0ullth~ld 'low~ Dear Ms. Standish: In accordance with your notice, we are enclosing a check in the sum of $100.00 as payment of a pre- construction hay bale line inspection fee ($50.00) and final inspection fee(S50.00) for the above matter. CRC:ik Enclosure Very truly yours, Charles R. Cuddy Mailing Address: PO Box 1547 Riverhead, NY 11901 CHARLES R. CUDDY Attorney at Law 445 Griffing Avenue Riverhead, NY 11901 March 26, 2009 Tel: (631) 369-8200 Fax: (631) 369-9080 e-mail: charles.cudd¥(~a),,ve rizon.net Board of Town Trustees Southold Town P.O. Box 1179 South old, NY 11971 Re: Lewis Topper-120 Terry Path, Mattituck SCTM#1000-123-6-13 Dear Board Members: Enclosed are seven (7) copies of the architect's site layout for the Topper application showing the setback from the bulkhead of 65 fi. as required by the Zoning Board of Appeals. Very. truly yours, CRC:ik Enclosure Charles R. Cuddy /,~ Mailing Address: PO Box 1547 Riverhead, NY 11901 CHARLES R. CUDDY Attorney at Law 445 Griffing Avenue Riverhead, NY 11901 April 13, 2009 Tel: (631) 369-8200 Fax: (631) 369-9080 e-mail: charles.c udd¥(&,ve rizon, net Board of Town Trustees Southold Town P.O. Box 1179 South old, NY 11971 Re: Lewis Topper-120 Terry Path, Mattituck SCTM#1000-123-6-13 Dear Board Members: We are enclosing seven (7) copies of the survey for the Topper parcel at Mattituck showing the setback from the bulkhead as 65 fi. in accordance with the Zoning Board of Appeals determination. Also, enclosed is an Authorization from Lewis Topper. We understand this matter is on the agenda for April 22, 2009. CRC:ik Enclosure Very truly yours, Charles R. Cuddy / ! Mailing Address: PO Box 1547 Riverhead, NY 11901 CHARLES R. CUDDY Attorney at Law 445 Griffing Avenue Riverhead, NY 11901 March 25, 2009 Tel: (631) 369-8200 Fax: (631) 369-9080 e-mail: charles.cudd¥~verizon.net Board of Town Trustees Southold Town P.O. Box 1179 South old, NY 11971 Re: Lewis Topper-120 Terry Path, Mattituck SCTM#1000-123-6-13 Dear Board Members: Enclosed is a decision of the Zoning Board of Appeals granting a setback variance to Lewis Topper of 65 ft. instead of 75 ft. from the bulkhead for construction of a new home to replace the existing home which is setback 15 ft. from the bulkhead. An application has been made to the Board of Trustees and is pending, awaiting the Zoning Board of Appeals determination. Please place this matter on your agenda so the applicant may obtain a determination from the Board of Trustees and proceed to construct a new home. CRC:ik Enclosure Very truly yours, Charles R. Cuddy ~/ Mailing Address: PO Box 1547 Riverhead, NY 11901 CHARLES R. CUDDY Attorney at Law 445 Griffing Avenue Riverhead, NY 11901 April 16, 2009 Tel: (631) 369-8200 Fax: (631) 369-9080 e-mail: charles.cudd¥~verizon.net Board of Town Trustees Southold Town P.O. Box 1179 South old, NY 11971 Attn: Lauren Standish, Secretarial Assistant Re: Lewis Topper-120 Terry Path, Mattituck SCTM#1000-123-6-13 Dear Ms. Standish: In connection with the above application, we are enclosing an Affidavit of Mailing of Notice together with the certified mail receipts. Please make it part of your record. CRC:ik Enclosure Very truly yours, Charles R. Cuddy Mailing Address: PO Box 1547 Riverhead, NY 11901 CHARLES R. CUDDY Attorney at Law 445 Griffing Avenue Riverhead, NY 11901 April 20, 2009 Tel: (631) 369-8200 Fax: (631) 369-9080 e-mail: charles.cudd¥~verizonmet Board of Town Trustees Southold Town P.O. Box 1179 South old, NY 11971 Attn: Lauren Standish, Secretarial Assistant Re: Lewis Topper-120 Terry Path, Mattituck SCTM#1000-123-6-13 Dear Ms. Standish: With reference to the above matter, enclosed please find an Affidavit of Mailing of Notice together with the certified mail receipt. CRC:ik Enclosure Very truly yours, ? Charles R. Cuddy PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Re: Lewis Topper SCTM#1000-123-6-13 Name: Thorton E. Smith Address: 37 Sandp±per Lane, Greenport, NY 11944 STATE OF NEW YORK COUNTY OF SUFFOLK Iwona Kodym , residing at Bergen Avenue, Mattituck, NY , being duly sworn, deposes and says that on the 17th day of April ,2009, deponent mailed a true copy of the Notice set forth in the Board of Trustees Application, directed to each of the above named persons at the addresses set opposite there respective names; that the addresses set opposite the names of said persons are the address of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office at Riverhead, NY , that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to Ipefore me this Day of ~}f'~ I ,20~ Nc;tat/y Public D~ise M. Cuddy Notary Pub~i~ State of New York No. 01CU. 6178519 Suffolk County Comiss~o~ ~ Dec. 3, 20/I PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Re: Lewis Topper SCTM#1000-123-6-13 Name: Eugene L. Daneri, Jr. Ann J. Hommel Alan Righi and Nancy Righi Mark Stufano and Pauline Stufano Norman Wamback William Lascelle and Elizabeth L. Richards STATE OF NEW YORK COUNTY OF SUFFOLK Address: PO Box 917 Mattituck, NY 11952 3245 Camp Mineola Road Mattituck, NY 11952 3285 Camp Mineola Road Mattituck, NY 11952 134 Wickham Road Garden City, NY 11530 PO Box 688 Mattituck, NY 11952 PO Box 395 Mattituck, NY 11952 Patricia A. Clark ,residingat Albo Drive, Mattituck, NY 11952 , being duly sworn, deposes and says that on the 14 day of ~Apa:Al~, 20 09, deponent mailed a true copy of the Notice set forth in the Board of Trustees Application, directed to each of the above named persons at the addresses set opposite there respective names; that the addresses set opposite the names of said persons are the address of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office at Riverhead, NY , that said Notices were mailed to each of said persons by (certified) (reg,:toted) mail. Sworn to before me this It4 ~ Day of April ,20 09 IWONA KODYM Notary Public. State of New Yo~ No. 01KO6088386 Oualified in Suffolk Count~ Cl~nnni~slon Explree March BOARD OF TRUSTEES TOWN OF SOUTHOLD, NEW YORK In the matter of the Application of LEWIS TOPPER SCTM Parcel # 1000-123-6-13 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF SIGN POSTING I, Charles R. Cuddy residing at Marratooka Lane, Mattituck, New York, being duly sworn, depose and say that: On the 13 day of April, 2009, I personally placed the Town's official Poster, with the date of hearing and nature of an application noted thereon, securely upon the above property, located ten (10) feet or closer from the street or right of way (driveway entrance)-facing the street of facing each street or right of way entrance and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be April 22, 2009, at 6:00 p.m. (Si-ghature~ - Sworn to before me this day of t~cr)') ,2009 (Notary Public~/f IWONA KODYM Notmy. Publle, State of NewYoft p~o. 01KO6088386 Qualified in 8uffo k County 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 F~x: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD MEMORANDUM To: James King, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner ~.~ LWRP Coordinator Date: April 16, 2008 Re: Request for Wetland Permit for LEWIS TOPPER SCTM#123-6-13 Catherine Mesiano, Inc. on behalf of LEVqIS TOPPER requests a Wetland Permit to demolish the existing 31 'X 49' frame house located 15' north of the existing bulkhead and construct a new 15'X 60' two-stopy dwelling 40' north of the bulkhead; relocate and renovate the 18'X 37' accessory structure presently location 126' north of the bulkhead to 154' north of the bulkhead; abandon the existing septic system and install a new sanitary system 125' from the bulkhead and 125' from AHW; install drywells for containment of stormwater run-off, and create a 10' non-turf buffer. Located: 3605 Camp Mineola Rd., Mattituck. SCTM#123-6-13 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is INCONSISTENT with the denoted following Policy Standards and therefore is INCONSISTENT with the LWRP. The proposed action is located in an AE Elevation 8 flood zone. 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: Move existing development and structures as far away from flooding and erosion hazards as practical. Maintaining existing development and structures in hazard areas may be warranted for: structures which ftmctionally require a location on the coast or in coastal waters. water-dependent uses which cannot avoid exposure to hazards. sites in areas with extensive public investment, public infrastructure, or major public facilities. sites where relocation of an existing structure is not practical. The proposed use is residential and does not meet the required criteria above and is not a "water dependent use". Due to the depth of the lot {630.87')~ there is ability to site the residential structure further away from the flooding hazards~ maximize the distance from the "hazard area" and minimize the potential of future structural lOSS. Policy 6. Protect and restore the quality and function of the Town of $outhold ecosystem. 6.3 Protect and restore tidal and freshwater wetlands. A. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The distance from the proposed residence is 40 feet from the top-of-bulkhead~ a minimum setback distance of 100 feet is required pursuant to Chapter 275-3. Findings; purpose~ iurisdiction~ setbacks. Please require that the applicant amend the application to meet the above policy to the greatest extent practicable. If the action is approved and to further Policy 5: Protect and Improve Water quality in the Town of Southold it is recommended that the Board. I. Require a perpetual~ vegetated buffer landward of the bulkhead. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. structures which functionally require a location on the coast or in coastal waters. water-dependent uses which cannot avoid exposure to hazards. sites in areas with extensive public investment, public infrastructure, or major public facilities. sites where relocation of an existing structure is not practical. The proposed use is residential and does not meet the required criteria above and is not a "water dependent use". Due to the depth of the lot (630.87')~ there is ability to site the residential structure further away from the flooding hazards~ maximize the distance from the "hazard area" and minimize the potential of future structural loss. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystem. 6.3 Protect and restore tidal and freshwater wetlands. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The distance from the proposed residence is 40 feet from the top-of-bulkhead; a minimum setback distance of 100 feet is required pursuant to Chapter 275-3. Findines: Duruose; iurisdiction; setbacks. Please require that the applicant amend the application to meet the above policy to the greatest extent practicable. If the action is approved and to further Policy 5: Protect and Improve Water quality in the Town of Southold it is recommended that the Board. 1. Require a perpetual~ non-turf vegetated buffer landward of the bulkhead. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. LEWIS TOPPER 3605 CAMP MINEOLA ROAD, MATTITUCK SCTM # 1000-123-6-13 Office Use Only _L/CwOaStal Erosion Permit Application etland Permit Application Administrative Permit RemendmentTransfer/Exte.nsion ceived Application: ~]c2¢/(7~ eceived Fee:$ o~ ~ ~ ~.~'Completed Application 0~, __Incomplete __SEQRA Classification: Type 1 Type 11 Unlisted Coordination:(date sent) ~---'L~C Referral Sent: ~--'tgate of Inspection: ,~!l~ __Receipt of CAC Report:_ __Lead Agency Determination:__ Technical Review: ~lic Hearing Held: ~)1 __Resolution: J $outhh01d I0w~ L [108rd of Trustees Name of Applicant: LEWIS TOPPER Address: 220 East 65th Street Apt 190, New York, NY 10065 Phone Number: 718-229-11 ~ 3 Suffolk County Tax Map Number: 1000 - 123-6-13 //~0,~l~[ ~¢t,~, Property Location: 3605 Camp Mineola Road, Matfituck (provide LILCO Pole #, distance to cross streets, and location) AGENT: Catherine Mesiano, Inc. Address: 12 Mill Pond Lane East Moriches, NY 1~940 Phone: 631 878 8951 LEWIS TOPPER 3605 CAMP MINEOLA ROAD, MATrlTUCK SCTM # 1000-123-6-13 GENERAL DATA 33,126 Land Area (in square feet): Area Zoning: R40 Previous use of property: sinflle family dwellinfl and accessory aaraae with livin.q quarters over Intended use of property: same Covenants and Restrictions: Yes ~X No If "Yes", please provide copy. Prior permits/approvals for site improvements: Agency Southold Buildina Dept. Date 19677 1984, 1989 __ No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? No Yes If yes, provide explanation: Project Description 1. DEMOLISH EXISTING 1 AND 2 STORY 31' X 49' FRAME HOUSE LOCATED 15' NORTH OF EXISTING BULKHEAD AND CONSTRUCTION A NEW 18' X 60' 2 STORY DWELLING 40' NORTH OF THE BULKHEAD 2. RELOCATE AND RENOVATE THE 18' X 37' ACCESSORY STRUCTURE PRESENTLY LOCATED 126' NORTH OF THE BULKHEAD TO 154' NORTH OF THE BULKHEAD 3. ABANDON THE EXISTING SEPTIC SYSTEM LOCATED <100' FROM THE BULKHEAD AND INSTALLING A NEW SEPTIC SYSTEM 125' FROM THE BULKHEAD AND 141' FROM AHW 4. INSTALLATION OF DRYWELLS FOR CONTAINMENT OF STORMWATER RUNOFF. 5. CREATE 10' NON-TURF BUFFER LEWIS TOPPER 3605 CAMP MINEOLA ROAD, MATFITUCK SCTM # 1000-123-6-13 Board of Trustees Application Board of Trustees Application WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: upgrade existin.q structurss and sspti¢ system Area of wetlands on lot: approx. 1120 square feet square feet Percent coverage of lot: 15.4 % (OrOl:~Osed) Closest distance bet~veen nearest existing structure and upland edge of wetlands: 15 feet Closest distance between nearest proposed structure and upland edge of wetlands: 40 feet Does the project involve excavation or filling? No X Yes to the extent necessary for footings, foundation If yes, how much material will be excavated? __cubic yards How much material will be filled? __cubic yards Depth of which material will be removed or deposited: __ feet Proposed slope throughout the area of operations: as presently exists Manner in which material will be removed or deposited: __ Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason of such proposed operations (use attachments if appropriate): NO NEGATIVE EFFECT ON WETLANDS OR TOWN WATERS IS ANTICIPATED AS A RESULT OF THE PROPOSED ACTION. ALL SETBACKS TO THE WETLANDS ARE BEING INCREASED~ THE NON- CONFORMING SEPTIC SYSTEM WILL BE REMOVED AND A CONFORMING SYSTEM WILL BE INSTALLED, STORMWATER RUNOFF WILL BE CONTAINED IN DRYWELLS~ A NON-TURF BUFFER WILL BE INSTALLED, LOT COVERAGE IS BEING REDUCED AUTHORIZATION I, Lewis Topper, residing at 220 E 65St., Apt. 19G, New York, NY 10065, do hereby authorize Charles R. Cuddy, Esq. to apply for permit from the Southold Board of Town Trustees on my behalf. Lewis Topper Sworn to before me this "~ day of~qr, { ,2009 Notary Public James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD In the Matter of the Application of .............................. COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING , residing at 19_ [~ll~.~t ~ being duly sworn, depose and say: That on the ~ day of/~Ort/ ,200 ~,I personally posted the property kno~vn as by placing the Board of Trustees official poster where ~t can easily be seen, and that I have checked to be sure the poster has remained in place for ei~kdays prior to the date of the public hearing. Date of he.nd noted thereon to be held ~, ~P~tc {¢-. ~(~ ' Dated: ~//~) ~ (signature) Sworn to before me this day of 200 Notary Public SCTM #1000-123-6-13 Lewis Topper 220 E 65 St. Apt. 19G New York, NY 10065 Anne J. Hommell ~ · print your name and'address on the reveme so that we can return the card to Y°u' . _ { · this card to the back of the mallp~e, is delivery address diffem~ from Item 17 I-lyes if YES, enter dalive~ adclms~ belo~n. 3245 Camp Mineola Roaq Anne J. Hommelt 3245 Camp Mineo|a Road Mattituck, NY 11952 1000-123-6-12.2 .3. ~ Type all (~CeCJ~ed Mall (:3 Express M Memhandlse I-1 Insured Mali r'l G.O.D. Mattituck, NY 11952 ( ?go3 31~0 00011371 1000-123-6-12.2 ~..* .~n~ Domestio Return Reoeipt 1 Alan & Nancy Righi ~ PS Fom~ 3811, August 2001 3285 Camp Mineola Roa(~ ~_jj~j_j.j, Ii i I',~ Mattituck, NY 11952 c~ ~0~..~5-~st. pt.19G 1000-123-6-12.3 Lewis Topper 220 E 65 St. Apt. 19G i r,- ..... New York, NY 10065 7 ~r~ 1000-123-642.4 [] Return Receipt for Memhandls- [ [] C.O.D. ~ ~y? (Extra Fee) []Yea New York, NY 10065 ., , 1000-123-6-12.4 ps Form 3811, August 2001 Mark & Pauline Stufano [-- ... 134 Wickham Road .' ~ Is~' 134 WickhamRoad ........... Garden city, NY 11530 .~v- I~ GardenCitT'Nyl1530 ~ (E~r~e) []Yes . Eugene L. Daneri { -~. ~,,~ ...... _ PO Box 917 .l~ "'1 Ma~IIUCK, NY 1 '1 ~lt)Z] "~' Eugene ~2~-~4 ~ ~ "O Box917 '%- ' , .] ~M~ : ~ U ~' '. ~ x~ ~10~ ' .- ' .......... "~ ~R~um~~- ,ar ..*r,ene 475 AIois Lane :~ ~ ..... .,, - ~ PS Fo~ 3811; Febm~ 20~ William Lasalle '- m T, H~ M~~' PO Box 395 m ~ 4?5 AloisL~e ............. Maffituck, NY 11952 m .... ¢t t~0-~3 - - ............ , , 100~12~22,7 ~ t~-. J '~) O~ I Norman Wamback PO Box 688 Mattituck, NY 11952 1000-123-6-22.6 1000-123-6-22,7 PS Form 3811, Febma~ 2004 Oom~tlc Return Receipt ~ ~.U. ~OX O~ / 5 ............ [] Express Mall ............ '1 [] Retum Pa~celpt ;for Memhandl~ ............ 't , [] c.o.D. ~ [] Retum Receipt for Merchem~ [] C.O.D. Proof of Mailing of Notice Attach Certified Mail Receipts NAME ADDRESS State of New York /unty of .Suffolk ~,~u.//~SL _~, residing at J,~/~ljj~l/.~ /V~y'~. .being duly sworn, deposes and says that on the day of .z~..~.~/ ,2008 deponent mailed a true copy of the Notice set forth in the Bo~r0 of Trustees Application, directed to each of the above named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the address of said persons as shown on the current assessment roll of the Town of Southold; that said.Notices were mailed at the United States Post Office at ~.~jJ¢~-~;; .~"Z_ , that said Notices were mailed to each of said persons by(certified) (m~,ictcr~) mail. Sworn to before me this Day of ,2008 Notary Public 1 FEB 2 6 Southhotd lown Board of Trust~es JOHN ( 6 EAST MAIN RIVERIIHAI), NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES, TOWN OF SOUTHOLD In the matter of applicant: LEWIS TOPPER SCTM # 1000-123-6-13 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to request a Permit from the Board of Trustees to: 1. DEMOLISH EXISTING 1 AND 2 STORY 31' X 49' FRAME HOUSE LOCATED 15' NORTH OF EXISTING BULKHEAD AND CONSTRUCTION A NEW 18' X 60' 2 STORY DWELLING 40' NORTH OF THE BULKHEAD 2. RELOCATE AND RENOVATE THE 18' X 37' ACCESSORY STRUCTURE PRESENTLY LOCATED 126' NORTH OF THE BULKHEAD TO 154' NORTH OF THE BULKHEAD 3. ABANDON THE EXISTING SEPTIC SYSTEM LOCATED <100' FROM THE BULKHEAD AND INSTALLING A NEW SEPTIC SYSTEM 125' FROM THE BULKHEAD AND 141' FROM AHW 4. INSTALLATION OF DRYWELLS FOR CONTAINMENT OF STORMWATER RUNOFF. 5. CREATE 10' NON-TURF BUFFER ~p~ ~ L. 2. That the property which is the subject of Environmental Review is located adjacent to your property and is described as follows: 3605 CAMP MINEOLA ROAD, MA'I-rITUCK, NY 3. That the project which is subject to Environmental Review under Chapter 111(Coastal Erosion) and Chapter 275 (Wetlands) of the Town Code is open to public comment on Mamh 19, 2008. You may contact the Trustees Office at 765-1892 or in writing. The above referenced proposal is under review of the Board of Trustees of the Town of Southold and does not reference any other agency that might have to review same proposal. OWNER'S NAME: MAILING ADDRESS: Lewis Topper 220 East 65th Street Apt 19G New York, NY 10065 OWNER'S AGENT: Catherine Mesiano, Inc. 12 Mill Pond Lane East Mofiches, NY 11940 631-878-6951 Enc.: Copy of sketch or plan showing proposal for your convenience. Topper MAILING LIST SCTM #1000-123-6-13 Lewis Topper 220 E 65 St. Apt. 19G NewYork, NY 10065 Anne J. Hommell 3245 Camp Mineola Road Mattituck, NY 11952 1000-123-6-12.2 Alan & Nancy Righi 3285 Camp Mineola Road Matfituck, NY 11952 1000-123-8-12,3 Lewis Topper 220 E 65 St. Apt. 19G NewYork, NY 10065 1000-123-6-12.4 Mark & Pauline Stufano 134 Wickham Road Garden city, NY 11530 1000-123-6-12.5 Eugene L. Daneri PO Box 917 Mattituck, NY 11952 1000-123-6-14 Harry M. & Arlene M. Jaquillard 475 Alois Lane Mattituck, NY 11952 1000-123-6-9 William Lascelle PO Box 395 Mattituck, NY 11952 100~123-E-22.7 Norman Wamback PO Box 688 Mattituck, NY 11952 1000-123-6-22.6 LEWIS TOPPER 3605 CAMP MINEOLA ROAD, MA~rlTUCK SCTM # 1000-123-6-13 County of Suffolk State of New York LEWIS TOPPER BEING DULY SWORN DEPOSES AND AFFIRMS THAT HE/ SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARRISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVE(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. Lewis T~ Sworn to before me this Notary Public __ of , 2o0 ALAN C KESTENBAUM NOTARY PUBLIC STATE OF NEW YORK QUALIFIED IN QUEENS COU;',ITY LEVVIS TOPPER 3605 CAMP MINEOLA ROAD, MATTITUCK SCTM # 1000-123-6-13 AUTHORIZATION I, LEWIS TOPPER residing at 220 East 65m Street Apt 19G, New York, NY 10065 do hereby authorize Catherine Mesiano, Inc. to make applications necessary for the approval of renovations and alterations to the structures located at 3605 Camp Mineola Road, Mattituck, NY including but not limited to the Southold Board of Town Trustees, Southold Board of Zoning Appeals, New York State Department of Environmental Conservation, and Suffolk County Department of Health Services and ail matters relating thereto. Lewis Topper Date: Z ( ~ ~' ~(-/~c Sworn to before me this~da¥ of :t_~ Notary Public ,200_~. ~. ST~'~'(~I~ NEW YORK ~ ;{ ~-II~e~ EENS COUNt,Y, ~ LEVVlS TOPPER 3605 CAMP MINEOLA ROAD, MATTITUCK SCTM # 1000-123-6-13 APPLICANT TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part; of town officers and employees. The ouroose of this form is to Drovide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: LBNIS TOPPER NATURE OF APPLICATION: (Check all that apply.) Tax grievance Variance X Change of zone Approval of plat Exemption from plat or official map. Other (If "Other," name the activity). WETLANDS PERMIT 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 If you answered "YES," complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Descdbe the relationship between yourself (the applicant) and the town officer or employee. Either check the appropriate line A) through D) and/or descdbe 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 noncorporate 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 Submitted th~day of Signature ,~,~-'~,,.-----~.~ Print name Lewis Topper 200~ LEWIS TOPPER 3605 CAMP MINEOLA ROAD, MATTITUCK SCTM # 1000-123-6-13 Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Budding Permit and other ministerial permits not located within the Coastal Erosion Hazard~4rea 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 1000 - 123-6 - 13 The Application has been submitted to (check appropriate response): Town Board Planning Dept. Building Dept. X_ Board of Trustees 1. Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: DEMOLISH EXISTING I AND 2 STORY 31' X 49' FRAME HOUSE LOCATED 15' NORTH OF EXISTING BULKHEAD AND CONSTRUCT A NEW 18' X 60' 2 STORY DWELLING 40' NORTH OF THE BULKHEAD; RELOCATE AND RENOVATE THE 18' X 37' ACCESSORY STRUCTURE PRESENTLY LOCATED 126' NORTH OF THE BULKHEAD TO 154' NORTH OF THE BULKHEAD; ABANDON THE EXISTING SEPTIC SYSTEM LOCATED <100' FROM THE BULKHEAD AND INSTALL A NEW SEPTIC SYSTEM 125' FROM THE BULKHEAD AND 141' FROM AHW; INSTALL DRYWELLS FOR CONTAINMENT OF STORMWATER RUNOFF; CREATE 10' NON-TURF BUFFER LEWIS TOPPER 3605 CAMP MINEOLA ROAD, MATTITUCK SCTM # 1000-123-6-13 Location of action: 3605 Camp Mineola Road, Mattituck Site acreage: .76 acre Present land use: single family dwelling and accessory structure Present zoning classification: R-40 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: LEWIS TOPPER (b) Mailing address: 220 East 65th Street Apt 190, New York~ NY 10065 (c) Telephone number: 718-229-1113 (d) Application number, if any:. Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes No If yes, which state or federal agency? NYSDEC DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. Yes No Not Applicable The proposed action is to be conducted on an improved site. The proposed renovations and alterations are consistent with action taken on many parcels throughout the town. Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria Yes No Not Applicable The proposed project is not located near any historfc sites or districts Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria Yes No Not Applicable The subject site is already developed with a single family dwelling. Policy 3 has no relevance to the proposed action. LEWIS TOPPER 3605 CAMP MINEOLA ROAD, MATTITUCK SCTM # 1000-123-6-13 NATURAL COAST POLICIES Yes No Not Applicable The proposed actions will be undertaken in accordance with current FEMA and NYSDEC standards which address and prohibit conditions that are conducive to flooding and erosion._ Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria Yes No Not Applicable The subject site is developed with a single family dwelling and non-conforming septic system. It is proposed that the existing septic system be removed and a conforming septic system be installed thereby reducing any effect to the wet/ands by a non-conforming sewage treatment system. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. Yes No Not Applicable Creation of a non-turf buffer, installation of drywells and upgrading the septic systems are actions that contribute to protection and/or restoration of wetlands Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. Yes No Not Applicable It does not appear that Policy 7 is relevant to the proposed activity. Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. Yes No Not Applicable The subject site is developed with a sin.qle family dwellinfl. Any solid waste, etc. is disposed of at the Town landfill. PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. Yes No Not Applicable Undertaking the proposed activity will have no impact on public access to, and recreational use of, coastal waters, etc. LEWIS TOPPER 3605 CAMP MINEOLA ROAD, MATTITUCK $CTM # 1000-123-6-13 WORKING COAST POLICIES Policy 10. Protect Southold~s water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. Yes No Not Applicable Policy 10 is not relevant to the proposed activity on a residentially developed lot. Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. Yes No Not Applicable Policy 11 is not relevant to the proposed activity on a residentially developed lot. Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. Yes No Not Applicable Policy 12 is not relevant to the proposed activity on a residentially developed lot. Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. Yes No Not Applicable Policy 13 is not relevant to the proposed activity on a residentially developed lot. CATHERINE MESIANO, INC. 12 MILL POND LANE EAST MORICHES, NY 11940 PHONE/FAX: 631 -878-8951 e-mail: cmesiano~optonline.net February 26, 2008 Jim King, President Southold Board of Town Trustees Box 1179 Southold, NY 11971 RE: Lewis Topper 3605 Camp Mineola Road, Mattituck SCTM # 1000-123-6-13 ~ oard of rrustee~ Dear Mr. King: I am the agent for the above referenced applicant. The applicant is seeking a Wetlands Permit for demolition of the existing I and 2 story frame house located 15' from the existing bulkhead and construction of a new dwelling located 40' from the bulkhead; relocating and renovating the accessory structure presently located 126' from the bulkhead to 154' from the bulkhead; removinging the existing septic system located <100' from the bulkhead and installing a new septic system 125' from the bulkhead and 141' from AHW, installation of drywells for containment of stormwater runoff, and creation of a 10' non-turf buffer. Enclosed please find the following: 1. Application 2. Transactional disclosure 3. Release 4. Authorization 5. Survey prepared by John C. Ehlers L.S. last dated 2/15/2008 6. LWRP Assessment Also enclosed is a check in the amount of $250 for the application fee. Please note that I would like to meet the Trustees at the field inspection. Kindly confirm. Thank you for your consideration. Very truly yours, Catherine Mesiano, President ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIA GE OFFICER RECORDS M/INA GEMENT OFFICER FREEDOM OF INFORMATION OFFICER TOW1V HALL, 53095 MAIN ROAD P.O. BOX l179 SOUTHOLD NY 11971 FAX: 631-765-.6145 TELEPHONE: 631-765-1800 southoldtown, northfork, net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD APPLICATION FOR PUBLIC ACCESS TO RECORDS INSTRUCTIONS: Please complete section I of this form and give to Town Clerk's Office (agency Freedom of Information Officer). One copy will be returned to you in response to your request, or as an interim response. SECTION I. TO: (Department or Officer, if known, that has the information you are requesting). RECORD YOU WISH TO INSPECT: (Describe the record sought. If possible, supply date, file title, tax map number, and any other pertinent information).' ,. , Y~/ L , 6/ /? - 1' . f . Signature of Applicant: ~X~,~ ~. Printed Name: T//o/~/v TO~I £-% -5/~ / ~ Mailing Address (if different from above): TelephoneNmber: ~[ 77~ q73) Date: ~f 7; ~ [ ] ~ovD [ ] O~NID* [ ] APPROVED WITH DELAY* Elizabeth A. Neville Freedom of Information Officer Accepting Clerk's Initials __ Date ~A¥ 7 2009 Se~tho[d Town Cled *If delayed or denied, see reverse side for explanation. 5URVE"r' OF PROPERT"T' 517UAI5.. HAtTITUOK TO~N .. ~OUTHOLD f~=FOL~ ~T~, N~ 'I'E~T HOLE Mc. DONALD 11-2B--2001 ~J~IVS'flSP IO-II-2OO'1 UPbeAT5 2-O6-2OO~5, 2-11-2OO6, 2-15-2OO~5, O6-~O-2OO~, O'~-2q-2OO~ O'~-~O-2OO6, O4-12-2OO~ .SUFFOLK COUNTY TAX # L~IS ~. MARGARET BANK OF AI~R~CA, N.A. lm~RST A/VH~./CAN '1'itl'LB INSURANC~ COMPANY OF ~ YORK ~AINAC~5 GALC~LATION~, I?I,'~LLIN6 ~ At~=A IIq.5 IIq5 X O.I-i X 1.0 = 20~ C,J=. 20~, / 42.24 = 4~1 V.L.F.W. EGDIP. EI~ 2 8,'-O" DIA. X D'...O" ~ ~INAC,-15 POOL5 6 V.LJ=. PROVIDED ROOF (eA~ ~ARA~E ROOF AREA 6~) 5.F. 6~ X O.I1 X I.O = ICl ¢.F. lO7 / 42.24 = 2.54 V.L.F. I 6'"0" PlA. X :~'-'0" ~ D~AINA~5 POOLS ~NT POUND 12' APPROVED BY BOARD OF TRUSTEES TOWN OF SOUTH¢ DATE ,~//?,// / ~ ~ SEE DATA: SEPTIC SYSTEM DETAIL NOT TO ~,ALE NN N S E SEPTIC PESI®N JOSEPH FISCHETTI, PE IU25 HOBART ROAD SOUTHOLD, N.Y. IIqUI ©51-U&5-2q54 ~1©-848-©~64 ' ....... '--' JOHN C. EHL~D SURVEYOR 6 EAST MAIN STREET N.Y.S. LIC. NO. 50202 RIVERHEAD, N.Y. 11901 369-8288 Fax 369-~l~F.\\Compaqservef~s\05\05-350 SI'H~;PLAN UPDATE 063008.pro