Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
1000-52.-1-1
MEMORANDUM Gerard Goehringer, Chair Town of Southold Zoning Board of Appeals From: Mark Terry, Principal Planner LWRP Coordinator Date: June 24, 2008 Re: ZBA file Ref. No. 6152 (Tumbull) 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. Policy Standards 3.1 Enhance visual quality and protect scenic resources throughout the Town of Southold. A. Minimize introduction of structural design components (including utility lines, lighting, signage and fencing) which would be discordant with existing natural scenic components and character. B. Restore deteriorated and remove degraded visual components. C. Screen components of development which detract from visual quality. D. Use appropriate siting, scales, forms, and materials to ensure that structures are compatible with and add interest to existing scenic components. E. Preserve existing vegetation and establish new indigenous vegetation to enhance scenic quality: 1. Preserve existing vegetation which contributes to the scenic quality of the landscape. 2. Allow for selective clearing of vegetation to provide public views without impairing values associated with the affected vegetation. 3. Restore historic or important designed landscapes to preserve intended or designed aesthetic values. 4. Restore or add indigenous vegetative cover that presents a natural appearance. J. Protect visual quality associated with public lands, including public transportation routes, public parks and public trust lands and waters. 2. Limit alteration of shoreline elements which contribute to scenic quality. 6.3 Protect and restore tidal and freshwater wetlands. E. Maintain buffers to ensure that adverse effects of adjacent or nearby development are avoided: 2. Avoid permanent or unnecessary disturbance within buffer areas. 3. Maintain existing indigenous vegetation within buffer areas. The proposed action is located east of Town Beach and north of Count~ Route 48~ a designated New York Scenic Byway. It is recommended that the Board require that existing mature vegetation remain in place through the establishment of a vegetated non-disturbance buffer to meet the intent of the above policies. It is further recommended that the buffer be preserved and maintained into perpetuity through a covenant and restriction filed with the Office of the Suffolk County Clerk. 4.1 Mini~nize 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: a. structures which functionally require a location on the coast or in coastal waters. b. water-dependent uses which cannot avoid exposure to hazards. c. sites in areas with extensive public investment, public infrastructure, or major public facilities. c. sites where relocation of an existing structure is not practical. The proposed use is residential and therefore is not a "water dependent use". Due to the depth of the lot (435')~ there is ability to site the residential structure further away from the CEHA area to maximize the distance from the "hazard area" and minimize the potential of future structural loss. Thc proposed action does not meet the above reasons to warrant "maintaining existing development" within this erosion hazard area, The distance from the proposed deck to the top of bluff line is 10 feet; the distance from the proposed house is 30 feet; a minimum separation distance of 100 feet is required pursuant to to Chapter § 280-116 A which states: (1) All buildings or structures located on lots adjacent to sounds and upon which there exists a bluff or bank landward of the shore or beach shall be set back not fewer than l OO feet from the top of such bluff or bank. It is recommended that the Board amend the application to meet and/or further the above I~olicv to the ~reatest extent practicable and minimize the potential of future structural loss. In the event that the action is approved and to further Policies 4.2 Protect and restore natural protective features and Policy 5: Protect and Improve Water (~aalitV in the Town of Sou:hold; the following Best Management Practices are recommended. Require that a vegetated, non-disturbance buffers be established on the north/west and south sides of:be property. Require that the applicant file a covenant and restriction with Suffolk County Clerk regarding the establishment and maintenance oftbe buffers. Figure 1. Subject site showing existing vegetative bnffers. Figure 2. Showing existing vegetation relative to Town Beach area. Pursuant to Chapter 268, the Southotd Town Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Kieran Corcoran, Assistant Town Attorney' Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 USPS Mailing Address: 53095 Main Road RO. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 Fax (631) 765-9064 April22,2008 Mark Terry, Principal Planner LWRP Coordinator Plarming Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Reft No. 6152 (Tumbull) Dear Mark: ~ ~ . We have recmved an apphcat~on concerning reconstmct~on b.f d~w~e~[!j..ng pitts poo}.aniff - shed on Long Island Sound in Southold, and shown on the cqnetosed-site map. You previously issued an LWRP determination for Trustees, and subsequently the Trustees approved an application under Permit No. 6680 dated January 24, 2008 (copies enclosed). Copies of the current LWRP form and area map are also attached for your use and reference. May we ask for your assistance in an evaluation and recommendations for this proposal. Thank you. ~0\'~ ~_~./ ~-~ ~'~ :~ ~ XQ& ~'~~-N) /~ ~-X~) '-'~t~(I \ Very tmly yours, X~_.~W X'N X t'X qq..¢ ~-'~',4~,) cG~ai~R~an e. GOEHR1NGER EN-CONSULTANTS, INC. 1319 North Sea Road Southampton, New York 11968 631-283-6360 Fax: 631-283-6136 www. enconsultants.com ENVIRONMENTAL CONSULTING March 20, 2008 Southold Town Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold, NY 11971 Attn.: Linda Kowalski Re: William & JoAnne Turnbull 54005 North Road, Southold SCTM # 1000-52-1 - 1 Dear Ms. Kowalski: Enclosed are (8) sets of the following for your review: 1. Notice of Disapproval. 2. Zoning Board of Appeals application including; a. Questionnaire. b. Project Description. c. Transactional Disclosure Forms. 3. Environmental Assessment Form; 4. Property card; 5. Survey/site plan dated February 25, 2008; 6. Construction plans; 7. DEC Letter of Non-Jurisdiction; 8. Town Trustees Wetlands Permit; 9. Suffolk County Department of Health approval; 10. Photographs; 11. Correspondence to Mark Terry, LWRP Coordinator & LWRP Consistency Assessment Form and 12. Application fee of $600.00. Please note that as a result ora correction to the proposed coverage calculations by the surveyor, the proposed coverage of"Buildable Land" is 26.7% and not the 28% noted in the Notice of Disapproval. I trust this information shall allow you to process our request. Should any additional information be required, please do not hesitate to contact our office. Sincerely, Kim Stephens Euc. FORM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, NY NOTICE OF DISAPROVAL Date: January 25, 2008 To: William Tumbull P O157-48 24t~ Ave. Whitestone, NY 11357 Please take notice that your application dated December 24, 2007 For permit for reconstruction of an existing dwelling, plus accy pool & shed at Location of property at 54005 North Road, Southold, NY County Tax Map No. 1000- Section 52 Block 1 Lot 1 Is returned herewith and disapproved on the followin~ grounds: *The construction on this 31,972 sq. ft. lot (13,647 sq. ft. landward of CEHL) is not permitted pursuant to Article III Section 280-124, which states: "This section is intended to provide minimum standards for granting ora building permit for the principal buildings on lots which are recognized by the town under 280-9 are nonconforming & have not merged pursuant to 280-10." The required side yard setback is 15'. The survey indicates the proposed construction to be setback 12.5'. Also, the proposed construction is not permitted pursuant to XXII Section 280-116 which states: "All buildings & structures located on lots adiacent to sounds.., shall be set back not fewer than 100 feet from the top of such bluff or bank." The survey indicates construction proposed at 10' from the top of the bluff. In addition, the proposed accessor~ inground pool & shed are not permitted pursuant to Section 280-15 F which states: "In the case of a waterfront parcel, accessory buildings & structures may be located in the front yard, provided that such buildings & structures meet the front yard principal setback requirements ..." The proposed accessories are partially in the side yard. The pool is proposed at 35.7' & the shed is proposed at 23'. The required front yard setback would be 40'. Also, the required lot coverage is 20%. The proposed lot coverage is 28%. Authorized Signature Office Notes: For Office Use Only APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS Parcel Location: House No.54005 Street NORTH ROAD Hamlet SOUTHOLD SCTM 1000 Section 52 Block 1 Lot(s) I Lot Size31.972s.F. Zone DistrictR-40 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: JANUARY 25, 2008 Owner as Applicant: WILLIAM & JoANNE qFtJRNBULL Mailing Address: 157-48 24TH AVENUE, WHITESTONE, NY 11357 Telephone: 718-746-3137 Fax: NOTE: If applicant is not the owner, state if applicant is owner's attorney, agent, architect, builder, contract vendee, etc. Authorized Representative: EN-CONSULTANTS, 1NC Address: 1319 NORTH SEA ROAD SOUTHAMPTON, NY 11968 Telephone:631~283-636o Fax: 631-283-6136 Please specify who you wish correspondence to be mailed to, from the above listed names: [] Applicant/Owner(s) [] Authorized Representative [] Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED FOR: [] Building Permit [] Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built Construction Other: 12-17-07 Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article XXlll Section 280- 124 Subsection B Article XXII Section 280- 116 Subsection A Type of Appeal. An Appeal is made for: & Article III Section 280-15 Subsection F []A Variance to the Zoning Code or Zoning Map. [] A Variance due to lack of access required by New York Town Law-Section 280-A. [] Interpretation of the Town Code, Article Section [] Reversal or Other A prior appeal [] has [] has not been made with respect to this property UNDER Appeal No. Year Page 2 Owner: WILLIAM & JoANNE TURNBULL REASONS FOR APPEAL (additional sheets may be used with applicant's signature): AREA VARIANCE REASONS. (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: SEE ATTACHED (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: SEE ATTACHED (3) The amount of relief requested is not substantial because: SEE ATTACHED (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: SEE ATTACHED (5) Has the alleged difficulty been self-created? ( )Yes, or ( )No. SEE ATTACHED This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Check this box ( ) IF A USE VARIANCE IS BEING REQUESTED, AND PtEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure to consult your anorney.) Sworn to before me this 17TH d~y~~ 08 Signature~pellant or Authori~eed Agent (Agent must submit written Authorization from Owner) ROBERT E. HERRMANN COASTAL MANAGEMENT SPECIALIST Impact on Community Character a) The relief sought from Article XXIII Section 280-124 is required for the placemem of the dwelling expansion 2.5 feet closer to the easterly side property line than is required by code. This relief would not adversely impact the character of the community nor the neighboring property, as the dwelling and side yard is elevated above and not readily visible from the fronting high speed roadway, and the adjacem easterly dwelling is located less than 10 feet from the same property line. b) Relief is also required from Article XXII Section 280-116 (A)(1) and Article XXIII Section 280-124 (B), respectively, for the construction of the proposed dwelling renovations less than 100 feet from the crest ofbluffand the coverage of more than 20 percent of the 13,647 square-foot portion of the 31,972 square-foot parcel that is situated landward of the CEHA boundary property. This relief is necessary due to the proximity of the locations of the bluff and CEHA boundary line to the road, which pursuant to §280-4 results in the exclusion from the property's "buildable" land area more than 18,000 square feet or nearly 60% of the total lot area. Because the emire developed shoreline to the east is similarly constrained, however, virtually all of the neighboring dwellings along this developed coastline are similarly located less than 100 feet from the top of the bluff, including the two immediately to the east that are situated visually closer than both the existing and proposed dwelling footprints. Those properties are also similarly improved both in scope and content (see attached aerial photo). Therefore, this relief will not significantly change nor adversely impact the character of the community or surrounding properties. c) Finally, relief is sought from Article III Section 280-15(F) for the placement of the proposed swimming pool and associated accessory shed partially in the sideyard and less than the 40 feet they would be required to be set back from the roadway. Pools are disallowed in sideyards both because of the impact the activities and associated noise could have on the side neighbor's living area and because of the visual impact the pool and related structures (e.g., fencing) could have on what is otherwise required to be a free and clear side yard when viewed from the street. In this case, however, the neighboring property is a public beach facility elevated more than 15 feet below in elevation, from which the pool would be neither readily visible nor audible. The pool would also not be visible or audible from the fronting high speed county roadway. The only neighboring residemial property is that to the east, which would be less affected than if the pool were placed in a conforming front or rear yard, where it would be closer to that property. Therefore, the relief necessary for the pool and shed will not adversely impact the character of the community or surrounding properties. All of the relief required is either directly or indirectly a consequence of the significant constraints on the available area and configuration of"buildable land" created by the presence of the bluff and associated CEHA boundary in the rear yard and of the land contours in the front of the house that slope downward up to six vertical feet over the nearly 54 horizontal feet between the existing dwelling and roadway. Specifically, because of the proximity of the preexisting principal structure to the bluff and the sharp angling of the bluff crest landward and into the southwest portion of the property, placement of the pool in the rear yard is impossible and any dwelling expansion here would require variance relief. The downslope and presence of the depressed driveway and highway to the front of the house in turn make placement of the pool in the from yard and/or relocating the dwelling farther from the bluffand closer to the road both impracticable and undesirable and would preclude the reuse of a major portion of the existing foundation. The current design, therefore, is the most practicable and feasible alternative for what is proposed but due to the reasons outlined above invariably requires variance relief, as would all less practicable and desirable alternatives. Is Relief Substantial? a) The relief sought from Article XXIII Section 280-124 for the placement of the dwelling expansion 12.5 rather than 15 feet from the easterly side property line is not substantial, as it reflects less than 17% of setback relief, and the dwelling will remain set back farther from the property line than the neighboring dwelling to the east. b) The relief required from Article III Section 280-15(F) for placement of the shed and swimming pool partially in the westerly sideyard and less than 40 feet from the road is not substantial because there is no potentially affected neighboring living area to the west and no potentially affected roadway activity or neighboring properties located across the street, as would be the case in a smaller and more idyllic setting where recreational activities might occur in or immediately across from a quiet street. c) Due to the proximity of the crest of bluff and associated CEHA boundary to the roadway, mathematically substantial relief is required from Article XXII Section 280- 116 (A)(1) and Article XXIII Section 280-124 (B), respectively, for the construction of the proposed dwelling renovations less than 100 feet from the crest of bluff and the coverage of more than 20 percent of the 13,647 square-foot "buildable" portion of the 31,972 square-foot parcel. Relative to the existing conditions, however, the relief requested is not substantial because while the proposed deck will be set back only 10 feet from the crest of the bluff, the existing deck is located 0 (zero) feet from the bluff. Thus, an increase in bluff setback for the principal structure will actually be achieved by the project via the removal of the portion of existing deck currently located closest to the bluff. Moreover, the footprint of the dwelling proper, which will at its closest point be located 20 feet from the bluff crest, will be constructed in place of the existing deck footprint and thus not encroach further upon the existing bluff setback. Cumulatively, the granting of the relief will actually result in a net improvement to the physical and environmental conditions of the site due to the mitigation that has been incorporated into the renovation project, which would not otherwise be implemented if the renovations were not granted the relief necessary to undertake them. Specifically, the project will establish partially in place of existing fertilized lawn and partially in place of existing deck structure located adjacent to the bluff a 10-foot wide and approximately 2, 039 square- foot non-turf buffer to be planted with native vegetation. This vegetation can also be used to help further screen the proposed improvements, particularly the swimming pool and shed. The project would also replace the preexisting nonconforming sanitary system located less than 100 feet from the bluff crest with a Suffolk County Department of Health Services- conforming and approved sanitary system located more than 100 feet from the crest of bluff. The project would implement a drainage system of drywells to capture and recharge roof runoff from the renovated dwelling and an additional drywell dedicated to containing pool backwash. Consequently, the project will result in a net reduction in the volume of runoff down the bluff and in the potential concentration of fertilizers, fungicides, and other chemicals contained therein. It will also result in a net improvement in the treatment of on- site septic effluent entering the groundwater table adjacent to Long Island Sound. These positive project impacts are encouraged not only by Chapter 275 (Wetlands) of the Town Code, but are also consistent with the applicable Local Waterfront Revitalization Program (LWRP) Policies 3, 5, and 6, which seek to enhance visual quality and scenic resources adjacent to the shoreline; protect and improve water quality; and protect the quality and function of Town wetlands, respectively. Accordingly, the project was deemed consistent with the LWRP by the Town Board of Trustees, who issued Wetlands Permit No. 6680 for the project. Without the implementation of the proposed renovations, none of these environmental improvements would be realized. Is the Difficulty Requiring Variance Relief Self-Created? a. The relief sought from Article XXIII Section 280-124 for the placement of the dwelling expansion 2.5 feet closer to the easterly side property line than is required by code is self-created. b. The relief sought from Article XXII Section 280-116 (A)(1) for the renovations of the principal structure less than 100 feet from the crest of bluff is not self-created due to the location of the preexisting dwelling and to both the physical and regulatory constraints of the site, as outlined in #2 above. c. The relief sought from Article III Section 280-15(F) for placement of the pool and shed partially in the side yard and less than the required 40 feet from the road is not self-created because placement of a swimming pool anywhere on the parcel would require relief due to the reasons outlined in #2 above. d. The relief sought from Article XXIII Section 280-124 (B) to exceed the allowable 20% coverage of"buildable land" is not self created due to the constraints and configuration of buildable land created by the presence and configuration of the crest of bluffand CEHA boundary line, as outlined in #2 above. QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION Is the subject premises listed on the real estate market for sale? DYes [gNo Are there any proposals to change or alter land contours? [] N o [] Yes, please explain on attached sheet. 1) Are there any areas that contain sand or wetland grasses?YES 2) Are these areas shown on the map submitted with this application?YES 3) Is the property bulkheaded between the wetlands area and the upland building area? NO 4) If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction?YES Please confirm status of your inquiry or application with the Trustees: WETLANDS PERMIT NO. 6680, ISSUED 7/24/07. and if issued, please attach copies of permit with conditions and approved map. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? NO Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting?NO (Please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) Do you have any construction taking place at this time concerning your premises? NO If yes, please submit a copy of your building permit and map as approved by the Building Department and describe: G. Do you or any co-owner also own other land close to this parcel?NO the proximity of your lands on your map with this application. lfyes, please label H. Please list present use or operations conducted at this parcel RESIDENTIAL, ONE-FAMILY DWELLING /" and proposed use NO CHANGE PROPOSED (exa~y;_proposed: same wit~tion.) Authorize{l Si~ture and Date 2/o5; ~/o7 ROBERT E. HERRMANN COASTAL MANAGEMENT SPECIALIST APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant:WILLIAM& JoANNETURNBULL Date Prepared: MARCH 17,2008 1. For Demolition of Existing Building Areas Please describe areas being removed: EXISTING STUDY, FOYER AND KITCHEN ON SOUTH SIDE AND SUNROOM AND BEDROOM NO. 2 ON NORTH SIDE TO ITS FOUNDATION. SUBSTANTIAL DEMOLITION WITH RECONSTRUCTION AND ADDITION. 11. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: RECONSTRUCTION = 740 S.F.; ADDITION = 576 S.F. (HAB), 258 S.F. (NON-HAB) Dimensions of new second floor: ADDITION = 650 S.F. Dimensions of floor above second level: N/A Height (from finished ground to top of ridge): 32'-7" Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: NO 111. Proposed Alterations or Interior Structural Changes without enlargement/extension (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: (8) ROOM, I 1/2 BATH AND LOWER LEVEL GARAGE, ONE-STORY WOOD FRAME RESIDENCE WITH REAR DECK AND WALKWAYS. Number of Floors and Changes WITH Alterations: SECOND FLOOR ADDITION, TWO BEDROOM FOR A TOTAL OF (10) ROOMS; TWO BATHROOM ADDITION FOR A TOTAL OF 3 1/2, REAR VERANDA AND DECK ADDITION. IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: 2,227 S.E. OF "BUILDING AREA" Proposed increase of building coverage: 1,422 S.F. OF "BUILDING AREA" Square footage of your lot: 13,647 S.F. OF "BUILDABLE LAND" Percentage of coverage of your lot by building area: 26.7% LOT COVERAGE V. Purpose of New Construction Requested: ADDITION AND ALTERATION TO EXISTING SINGLE FAMILY RESIDENCE. VI. Please describe the land contours (flat, slope %, etc.) as exist and how it relates to the difficulty in meeting the code requirement(s): PLEASE REFER TO "AREA VARIANCE REASON #2" FOR A DESCRIPTION OF THE LAND CONTOURS BETWEEN THE EXISTING DWELLING AND NORTH ROAD AND HOW THEY RELATE TO THE DIFFICULTY 1N MEETING THE CODE REQUIREMENTS. Please submit seven (7) photos, labeled to show all yard areas of proposed construction after staking corners for new construction), or photos of existing building area to be altered (area of requested changes). 7/2002; 2/2005; 1/2006 APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SU1]MISSION BY OWNER andOWNER'S AGENT) The Town of Southold's Code of Ethics prohibits conflicts of interest on the nart of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: Turnbull, William (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance ~ Special Exception If "Other", name the activity:. Change of Zone Approval of Plat Exemption from Plat or Official Map Other Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shams. YES NO X Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER andOWNER'S AGENT) The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance V~ Variance Special Exception If "Other", name the activity:. Change of Zone Approval of Plat Exemption from Plat or Official Map Other Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO v~ Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submi~ed day of j Signature: Print Name: ~ £. /-~-.?,J.~'lt'~o&/ ,5,URV15'r' OF 51TUATE~ AP..SiJAHOHAG'I.)E TOI,~IN, 5OI]THOL~ 5,Ut=F=OLK CTY, NY 5UP. VEYED PROPOSED A(_.TION5 O2-22-2OO5, OB-C~-2OO5, 05-05-2005, O6-2~-2OO5, O1--O8,-2OO5, VI~RANI~A REVIE, E~ O~,-C~-2OO5 DISC. K REVISED IO--O-/-2OO5,~,...-.'"""- REVIE45D O2-21-O1 t~-VI~:,EE) 04-10-200~, O4-24-2OO'~, IO-1~-2OO7, O~-24-2OO~,, O2-20-2OO~,, O2-25-2OO~ 5t.FFOLK COUNTY TAX # IOOO-52-1-1 ~rmm, u TO: N Te~'c Hol~ 02-l~-200~ El.= 20' POOl= 5~.AIN PROPOf-JI51~ DR"( P, IELL ELEVATION~ REFERENC, E N~VD '2q PATUH OOA~TAI EROSION HAZAR~ LINE A~ ~-IOJ,~l ON At:~IEA HAP ..~HUUi II OF: 4q PHOTO NO. 55-5~1-~,~ FLOOD ZoNE LINE RtSFERk-NE;E~ FIP. t4 RATE MAP No. ~SLLIN~ C~NN~SC.T~ TO P%IBLIC. EXI~TIN~ B~DP. OOH~ ~ NUHIS~BR OF BE~P~H~ PP~)POSED 4. AREA = 2¢,411 .~.F. O~ O~5 AC, R.E~ ®RAPHIC, ~_.7.,ALE I"= ~'O' S]:TE DATA: JOHN C. EHLERS LAND SURVEYOR 6 EAST MAIN STR~i' N.Y.S. LIC. NO. 50202 RIVERHEAD, N.Y. 1190] 369--8288 Fax 369-8287 REF.\%Compn(:lserve~urosV)SV}5-102 rev. 022708 new house.pm JOANNE AND WILLIAM TURNBULL, 54005 NORTH ROAD, SOUTHOLD Figure L LooMng east along shoreline frmn adjaeent beach facil#y to west at subject dwelling (in foreground) and neighboring dwellings to east. Figure 2. Looking east from ad]acent beach f~eiliO~ to west directly' at sub]eet dwelling. JOANNE AND WILLIAM TURNBULL, 54005 NORTH ROAD, SOUTHOLD Figure 5. Looking south at stakes dentarcating easterly limit of proposed easterly expansion of dwelling. Figure 6 Looking north at stakes' demarcating easterly limit of proposed easterly expansion of dwelling. JOANNE AND WILLIAM TURNBULL, 54005 NORTH ROAD, SOUTHOLD l~Tgure 3. Looking east at stakes demarcating northerly limit of proposed easterly expansion of dwelling. FigUre 4. LooMng south at ribbons demarcating nortlter~ limit of proposed northerly e2cpansion of dwelling into footprint of existing deck. JOANNE AND WILLIAM TURNBULL, 54005 NORTH RQAD, SOUTHOLD Figure 7. Looking west over stakes demarcating location of proposed shed. FigUre 8. Looking north over stakes demarcating location of proposed pooL JOANNE AND WILLIAM TURNBULL~ 54005 NORTH ROAD~ SOUTHOLD Fignre 9. Looking south toward County Road 48 over stakes demarcating locations of proposed pool and shed. Figure 10. Looking north over County Road 48 at subject property (existing dwelling obscured by vegetation). OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD MEMORANDUM To: James King, President Town of Southold Board of Trustees Mark Terry, Principal Planner flxff' LWRP Coordinator Date: June 14, 2007 JUN 15 2007 Re: Request for Wetland Permit for William and Joanne Tumbull SCTM# 52-1-1 WILLIAM & JOANNE TURNBULL requests a Wetland Permit to partially demolish an existing one-story, one-family dwelling for the pnrpose of renovating and constructing a two-story, one-family dwelling wherein proposed expansion of the existing dwelling shall be situated partially upon and partially beyond existing foundation walls and all seaward expansion shall occur over and in place of the existing wood deck; construct 10'X 13' addition to existing deck; construct 20'X 37' in-ground swimming pool, masonry pool patio, and 8'X 12' shed; and install a new sanitary system, public water service line, drainage system of drywells, pool drywcll, outside shower, and pool enclosing fence. Located: 54005 North Rd., Southold. SCTM#52-1-1. 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 inlbm~ation provided on the LWRP Consistency Assessment Form submitted to this department, as xvell 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. 4.1 Miifimize losses of human life and strnctnres from flooding and erosion hazards. The following management measures to minimize losses of human life and structures from flooding and erosion hazards are suggested: A. Minimize potential loss and damage by locating development and structures away from flooding and erosion hazards. 1. 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. b. Avoid hazards by siting structures to maximize the distance from Coastal Erosion Hazard Areas. 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: a. structures which functionally require a location on the coast or in coastal waters. b. water-dependent uses which cannot avoid exposure to hazards. c. sites in areas with extensive public investinent, public infrastructure, or major public facilities. c. sites where relocation of an existing structure is not practical. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystem. 6.3 Protect and restore tidal and h'eshwater wetlands. Comp(F with statutory and regulatory requirements of the SouthoM Town Board of D'ustees laws and regulations for all Andros Patent a~ld other lands under their jurisdiction 1. Comply with Trustee regulations m~d recommendations as set forth in Trustee permit conditions. The proposed distance to the proposed two story house from the crest of the bluff is 20 feet; the distance from the proposed ia ground pool to the crest of the bluff is 2? feet; a minimum setback distance of 100 feet from the bluff line 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 practical. Pursuant to Chaplet 268, thc Board of Trustees shall consider this recommendation m preparing its xvritten determination rcgarding the consistency of the proposed action. New York State Department of Environmental Conservation Division of Environmental Permits, Region One Building 40- SUNY, Stony Brook, New York 11790-2356 Phone: (631) 444-0365 · FAX: (631) 444-0360 Website: www.dec.state.ny.us LETTER OF NON JURISDICTION - ARTICLE 25 Denise M Sheehan Commissioner December 19, 2005 Mr. William TurnbulI 157-48 24th Avenue Whitestone, NY 11357 Re: Application #1-4738-01152/00003 54005 North Road, Southold SCTM # 1000-52-1-1 Dear Mr. Turnbull: Based on the information you have submitted the Department of Environmental Conservation has determined that: The referenced property landward of the topographic crest of a bluff in excess of 10 feet in elevation as shown on the survey prepared by John C. Ehlers dated 1/12/05 and last revised 8/3/05, is beyond Article 25 (Tidal Wetlands Act) jurisdiction. Therefore, in accordance with the current Tidal Wetlands Land Use Regulations (6NYCRR Part 661) no permit is required. Be advised, no construction, 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 precautions are taken to prevent any sedimentation or other alteration or disturbance to the ground surface or vegetation within Article 25 jurisdiction which may result from your project. Also, there cannot be any disturbance to vegetation or topography seaward of the crest of bluff. 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 hale bay berm. Please note that this letter does not relieve you of the responsibility of~~ssary permits or approvals from other agencies or local muni~alities. ~ // Sln)~erel Permit Administrator cc: MHP En-Consultants file DAVID G GRAHAM, MD., M.PH. CHIEF DEPUTY COMMISSIONER COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF HEALTH SERVICES BRIAN L. HARPER, M.D., M.P.H, COMMISSIONER PERMIT ELIZABETH M. HARRiNGTON, ESQ. DEPUTY COMMISSIONER The attached plan, when duly signed by a representative of the Department, constitutes a permit to construct a water supply and/or collection system for the property as depicted. The applicant should take note of any conditions of approval, which may be indicated on the plan or enclosed herein. Construction must conform with applicable standards including "Standards for Approval of Plans and Construction for Sewage Disposal Systems for Single Family Residences" and "Standards and Procedures for Private Water Systems." Omissions, errors or lack of details on the plan does not release the applicant from the responsibility of having the construction done in confom~ance with applicable standards. The permit (plan) expires three (3) years al2er the approval date. Any modifications which may affect the proposed sewage disposal or water supply systems requires submission of a revised plan and additional fees (if applicable) for reapproval prior to construction. No inspections will be performed by the Department on expired permits. Permits may be renewed, extended, transferred or revised in accordance with the procedures described in "Submission Requirements for Approval of Sewage Disposal and Water Supply Facilities for Single Family Dwellings" (Fom~ WWM-041). It is the applicant's responsibility to call the department at 852-5754, in advance, to arrange inspections of the sewage disposal and/or water supply facilities prior to backfilling. These include inspections of the sewage collection and disposal systems, water supply system components and piping, and final grading as shown on the approved plans. In certain cases, inspections of the soil excavation may be required to determine the acceptability of the soils for sewage disposal systems. The Department must be notified at least 24 hours in advance to schedule an inspection and excavation inspections must be confirmed by calling 852-5700prior to 9:30 A.M., the morning of the it~$1~ectiott. Article VII of the Suffolk County Code, "Septic Industry Businesses," requires that all installers of septic systems within Suffolk County shall possess a valid license from the Suffolk County Office of Consumer Affairs. This office can refuse to perform inspections or grant final approval for the construction of projects that are installed by an unlicensed individual. It is, therefore, in your best interest to utilize a cesspool contractor with a valid license to avoid substantial delays in your project. FINAL APPROVAL ISSUED BY THE DEPARTMENT IS NECESSARY PRIOR TO THE OCCUPANCY OF NEW BUILDINGS~ ADDITIONS TO EXISTING BUILDINGS~ OR FOR THE USE OF SEWAGE DISPOSAL OR WATER SUPPLY SYSTEMS. WWM-058 (REV. 9/05) PAGE 1 OF 2 *DIVISION OF ENVIRONMENTAL QUALITH*OFFICE OF WASTEWATER MANAGEMENT*360 YAPHANK AVENUE, SUITE 2C*YAPHANK NY 11980. PHONE: (631)852-5700 FAX: (631)852.5755 , L SUFFOLK COUNTY DEPARTIvtENT OF HEALTH SERVICES PERMIT FOR APPROVAL OF CONSTRUCTION FOR A o^~ i/~/'~ ,,~.~o.'¢I~~; °~ ,. ofexisting sanie,~: /Jib department completed fbm'l WWM. N % 02-17 2005 Fl: 2©' ®}~.APHIC 5~-,ALE I"= ~:Y JOHN C. EHLERS LAND SURVEYOR 6 BAST MAIN STREET N.Y.$. LIC. NO. 50202 ~, N.Y. 11901 PROJECT I.D. NUMBER I SHORT 617.20 Appendix C State Environmental Quality Review ENVIRONMENTAL ASSESSMENT For UNLISTED ACTIONS Only PART I -- PROJECT INFORMATION (To be completed by Applicant or Project sponsor) I APPLICANT/SPONSOR: I 2. PROJECT NAME I WILLIAM &JoANNE TURNBULL BY EN-CONSULTANTS, INC. 3 PROJECT LOCATION: Municipality SOUTHOLD County SUFFOLK 4 PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc, or provide map) 2935 PINE TREE ROAD, CUTCHOGUE, TOWN OF SOUTHOLD; SCTM #1000-104-3-8 5. IS PROPOSED ACT [] Nc=~ ~N Expansion [] Modification/alteraflon 6 DESCRIBE PROJECT BRIEFLY: FORM SEQR Partially demolish existing one-story, one-family dwelling for the purpose of renovating and constructing a two-story, one-family dwelling wherein proposed expansion of the existing dwelling shall be situated partially upon and partially beyond existing foundation walls and all seaward expansion shall occur over and in place of the existing wood deck; construct 10' x 13' addition to existing deck; construct 20' x 37' inground swimming pool, masonry pool patio, and 8' x 12' shed; and install a new sanitary system, public water service line, drainage system of drywells, pool drywell, outside shower, and pool enclosing fence, all as depicted on the site plan prepared by John C. Ehlers, L.S., last dated February 25, 2008. Initially 0.65 acres Ultimately 0.65 acres r~Yes [] No If NO, describe briefly 9, WHAT IS PRESENT LAND USE iN VICINITY OF PROJECT? [] Residential [] industrial [] Commercial [] Agriculture [] Park Forest/Open space [] Other STATE OR LOCAL)? [] Y e s La N o If yes, list agency(s) and permit/approvals DEC, SCDH, SOUTHOLD TRUSTEES []Yes [] No If yes, list agency name and permit/approval NYS DEC LETTER OF NON-JURISDICTION #1-4738-01152/0003, SCDH RI0-05-0186; AND SOUTHOLD TRUSTEES #'s 6210 & 6680 []Yes []N o Applicant/sponSOrsignature: name ROBERT ~ANN, COAS~TAL MANAGEMENT SPECIALIST D A T E MARCH 17, 2008 If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER PART II- ENVIRONMENTAL ASSESSMENT (To be completed by Agency) A DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 6174? If yes coordinate the review process and use the FULLEAF B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR PART 617.67 If no, a negative declaration may be superseded b another invoNed agency, r~Yes ~]VN o C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING, (Answers may be handwritten, if legible) C1. Existing air quality. Surface or groundwater quality or quantity noise levels existing traffic patterns solid waste production or disposal potential for erosion, drainage or flooding problems! Explain briefly: C2 Aesthetic, agricultural archaeological, historic, or other natural or cultural resources: or community or neighborhood character? Explain briefly: C3. Vegetation of fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: C4 A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly, C5 Growth, subsequent development, or related activities likely to be nduced by the proposed action'~ Explain briefly, C6. Long term, snort term, cumulative or other effects not identified in CI-C57 Explain briefly. C7 Other impacts (including Changes in use of either quantity or b/pe of energy)? Explain briefly D WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CEA? F~Yes F~N0 E IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [~Yes J~No If Yes, explain briefly PART Ill- DETERMINATION OF SIGNIFICANCE (To be Completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with Its (a) setting (i.e, urban or rural), (b) probability of occurring; (c) duration; (d) irreversibility; (c) geographic scope; and (f) magnitude, if necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have boon identified and adequately addressed. If- question D of Part 11 was checked yes, the determination and significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. [] Check this box if you have identified one or more potentially large or significant adverse impa~cts which MAY occur. Then Proceed directly to the FULL EAF and/or prepare a positive declaration. [] Check this box it you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse env ronmental impacts AND provide on attachments as necessary, the reasons supporting this determination: Print or lype Name Ol ~esponmDle umcer m Leao Agency Name or Leaa Agency Signature of Preparer (If clirferent from responsible officer) Date 2 EN-CONSULTANTS, INC. I, / 1319 Nor'lb Sea Road Southampton, New York 11968 631-283-6360 Fax: 631-283-6136 www. enconsultants.com ENVIRONMENTAL CONSULTING .~,~ ~ .~,~ Mark Terry, LWRP Coordinator Planning Board, Town of Southold P.O. Box 1179 Southold, NY 11971 Re: Tumbull. 54005 North Road. Southold - ~daCfdum to LWRP Consistency Assessment Form Attached please find an LWRP Consistency Assessment Form that is being submitted to you in connection with an application being concurrently submitted to the Board of Zoning Appeals. You will note that this same document was delivered to you last year in association with a Wetlands Permit application submitted to the Board of Trustees for essentially the same work. As I have been advised by Linch[ Kowalski that resubmission of this form is required by the Office of the Board of Zoning Appeals, however, I am submitting this letter as an "Addendum" to our Consistency Assessment Form in order to make you aware of revisions that were made to the 24 April 2007 site plan since it was originally presented to you. These revisions, which are reflected on the attached site plan last dated 25 February 2008, were made in response to commeuts offered during your previous consistency review and by the Board of Trustees, who ultimately determined the application to be consistent with the LWRP based on the incorporation of these changes. Specifically, in order to further the project's consistency with Policies 3, 5, and/or 6: t) The proposed swimming pool, patio, and shed were reoriented and/or relocated closer to thc road, which increased the amount of zoning relief required for the pool and shed from the required front and side yard setbacks but also mitigated the amount of relief required for those structures from the crest of bluff setback. 2) An approximately 99 square-foot portion of the existing deck located nearest to the bluff shall be removed. 3) 4) The above noted portion of deck to be removed and existing lawn areas shall be replaced with a l O-foot wide and approximately 2,039 square-foot nonturf buffer to be established adjacent to the top of the bluff and planted with native vegetation. The proposed upgraded sanita~ system was relocated closer to the road in order to sit~te the leaching pools more than lO0 feet from the crest of bluff. Should you have any questions regarding this matter, please do not hesitate to contact me. R~~ly yours, ~ Robert E. Holliiu~tn Coastal Management Specialist cc: Linda Kowalski, Boara~aKZ~i~kl~ Town of Southold A. INSTRUCTIONS LWRP CONSISTENCY ASSESSMENT FORM Allapplicantsf0rpermits*includingT0wn0fS0uth01dagencies,shallc0mpletethisCCAF for proposed actions that are subject to the Town of S0uth01d W aterfr0nt C 0nsistency Review Caw~ This assessmentisintendedt0supplement0therinf0rmati0nusedbyaT0wn0fS0uth01dagencyin m a k in g a d ete r m in a ti00 0 f c 0 n s is t e n c y. *Except minor exempt actions including, Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). SCTM# 52 If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus.' each answer must be explained in detail,, listing both supporting and non- suD~ortin~ facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. *~7.~ .... -- '~- i A copy of the LWRP is available in the following places:!onlihe at the Town of Southold} website (southoldtown.northfork.net), the Board of Trustees Office, the, Planning Department, all local libraries and the Town Clerk's office. DESCRIPTION OF SITE AND PROPOSED ACTION - 1 PROJECT NAME WILLIAM & JoANNE TURNBULL The Application has been s?bmitted to (check ~ppropriate re~.qqnse): Town Board [--] Planmng Board["-] Building Dept. ~ I Board of Trustees [~ 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: Partially demolish existing one-story, one-family dwelling for the purpose of renovating and constructing a two-story, one-family dwelling wherein proposed expansion of the existing dwelling shall be situated partially upon and partially beyond existing foundation wails and all seaward expansion shall occur over and in place of the existing wood deck; construct 10' x 13' addition to existing deck; construct 20' x 37' inground swimming pool, masonry pool patio, and 8' x 12' shed; and install a new sanitary system, public water service line, drainage system of drywells, pool drywell, outside shower, and pool enclosing fence, all as depicted on the site plan prepared by John C. Ehlers, L.S., last dated April 24, 2007. Location of action: 54005 North Road (County Road 48) Site acreage: 28,411 S.F. (0.65 acres) Present land use: Residential, one-family dwelling. Present zoning classification: R-40 If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: WILLIAM & JoANNE Tumbull (b) Mailing address: 157-48 24TH AVENUE WHITESTONE, NY 11357 (c) Telephone number: Area Code 718-746-3137 (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? C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED 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 II1 - Policies; Page 2 for evaluation criteria. ¥es No Not Applicahle The project entails the partial demolition, reconstruction, and expansion of an existing dwelling at a previously developed site in a developed community. Policy I is not applicable to the project. Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria ~] Yes [~ No [~ Not Applicable The subject property does not contain nor does the project affect historic or archaeological resources; nor is the project located in a historic maritime area. Policy 2 is not applicable to the project. Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria Inasmuch as Policy 3 may be applicable to the project, the project entails the partial demolition, reconstruction and expansion ora presently existing dwelling. The project is not readily visible the coastline; it will not represent a significant variation from the existing developed character of the property; and it is situated within a presently and similarly developed coastline. Therefore, neither visual quality nor scenic resources will be affected by the project, and the project will be consistent with Policy 3. Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria As the project does not relate to erosion control management issues or structures, Policy 4 is not applicable. Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria [5~ Yes [~ No ~ Not Applicable All new construction shall be located within the footprints of the existing dwelling and deck and/or landward of the preexisting nonconforming structural setback from the bluff crest established by the deck; and all but 39 s.f. of new deck will be located more than 100 feet from wetlands. To ensure consistency with Policy 5, a row of staked haybales and project limiting fence will be installed landward of the crest ofbluffto contain site disturbance during construction; a drainage system of drywells will be installed to capture and recharge roof runoff from new dwelling; a drywell dedicated to pool backwash will be installed to contain pool backwash; and an upgraded sanitary system will be installed to provide proper treatment of on-site septic waste. The project will therefore be consistent with Policy 5. Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. [ Ves[--1 The prbject ~vill be consistent with Policy 6 as it will not create any new clearing or site disturbance or stage any new construction closer to the crest of bluff or tidal waters than the existing structure to be partially demolished, reconstructed, and expanded. Moreover, temporary and permanent ecosystem protection will be provided via the measures outlined in Policy 5 (see above). No wetlands or other natural resources will be affected by the project, and the NYS DEC has exempted the project from the State's Wetlands Laws. Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. [--'] Yes [~ No[~ Not Applicable The project will neither affect nor have an impact on air quality in the Town of Southold, Policy 7 is not applicable to the project. Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. ~] Yes [--'] No [~ Not Applicable The project will neither create nor require the handling of solid waste or hazardous substances. Policy 8 is not applicable to the project. 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 ~] NoN Not Applicable As the project area is limited to the portion of the property located landward of the crest of bluff (with elevation exceeding 22' MSL), public access to and recreational use of the adjacent coastal waters and public lands and resources will not be affected by the project. Policy 9 is not applicable to the project. Attach additional sheets if necessary WORKING COAST POLICIES Po. lic~/10. P. ro. tect Southold's water-dependent uses and promote siting of new water-dependent suitable locations. See LWRP Section IH - Pohc~es, Pages 47 through 56 for evaluation craena. ~-~ Yes ~ No [~ Not Applicable The project neither proposes nor affects water-dependent uses. Policy 10 is not applicable to the project. uses in Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section II1 - Policies; Pages 57 through 62 for evaluation criteria. V-~ Yes ~'~ No [~ Not Applicable The project neither proposes nor affects commercial or recreational fisheries or other uses associated with the living marine resources of Long Island Sound. Policy 11 is not applicable to the project. Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. [--] Yes ~] No [~ Not Applicable The project site is neither situated on nor adjacent to agricultural lands. Policy 12 is not applicable to the project. Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. [-~ Yes ~-~ No [~ Not Applicable The project affects neither the use nor development of energy and mineral resources. Policy 13 is not applicable to the project. PREPARED BY T ITL E COASTAL MGMT SPEC~AL~ST DATEMay 29, 2007 Amended on 8/1/05 c- URVE"r' OF: PROPERTY 51TUATE~ AP..SHAHOHAG, UE TOJ,,IN~ 5OI.;THOLD 5UFI=OLK ~T'Y, NY' 5UI~VE'r'ED O1-12-2OO5 PROPOSED AC. TION5 O2-22-2OO5, O~-Oq-2OO5, 05-05-2005, O~-2~-2OO5, Oq--O~-2OO5, VERANDA REVISE. D DEd, K REVI.GE~ IO--Oq-2OO5, REVIE~SD O4-10-2OO'~, O4-24-2OO'/, Oq-2~-2OO1, IO-18-2OO1, OI-24-2OOE,, O2-20-20OE~, 02-25-2008 5OFF:OLK C. OUN"Fh' TAX # IOOO-52.-I-I Cu, K,~',m~ TO:, T~st Hole 02-17-2005 NOTES, · I~ONUI,,IENT RD ROOF DRAIN EL~ATION5 ~FE~E ~ '2q DA~ ~AST~ ER~ION H~ LI~ ~ ~ OH A~ HAP ~ II O~ 4q ~TO ~. ~I-~D D/~/Iq~ FLOOD ZO~ LI~ ~L~ FI~ ~ HAP ~. ~1~1~ ~ DASD ~AY 4, Iqq~ D~LLIHG ~N~D TO ~lG ~R ARSA = 2~,411 5.F. OR O.b5 AGP. E~ ~RAPHIC,, 5,C, ALE I"= DO' N f ~o<c SITE DATA: JOHN C. EHI ERS LAND SURVEYOR 6 EAST MAIN ~r N.Y.$. LIC. NO. 50202 RIVERHEAD, N.Y. 11901 369.=8288 Fax 369-8287 REF.\~CompaqsexvetSproaV}SV~5-102 rev. 022708 new house.pro OWNER FORMER OWNER C 0-~'"'-? ',ES.>'l~ S~S. ~ ,VL' LAND IMP. TOTAL vr ~vv t nv~u rli~JrCK I · KCI. I. IKi] VILLAGE SUB. W.- / ~ / J FARM DATE COMM. CB. MISC. Mkt. Value ACR. [ /- -¢~ I TYPE OF BUILDING REMARKS LOT Q00AGE .470o BELOW NEW NORMAL FARM Acre Value 'illable I illable 2 illable 3 foodland ~ampland Value Per Acre ' ABOVE FRONTAGE ON WATER % 'ushlond FRONTAGE ON ROAD ouse Plot DEPTH BULKHEAD )tal DOCK M Bldq. Extension Extension Extension Garage Patio Total COLOR ! Foundation Basement Ext. Wails Fire Place Type Roof Recreation Roo~ Dormer Driveway Bath Floors Interior Finish Heat Rooms 1st Floor Rooms 2nd Floo inette LR. DR. BR. FIN. B. James F. tQng, President Jill M. Doherty, Vice-President PegKy 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 July 24, 2007 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Mr. Robert E. Herrmann EN-Consultants, Inc. 1319 North Sea Road Southampton, NY 11968 RE: WILLIAM & JOANNE TURNBULL 54005 NORTH ROAD, SOUTHOLD SCTM# 52-1-1 Dear Mr. Hermann: The Board of Town Trustees took the following action during its regular meeting held on Tuesday, July 24, 2007 regarding the above matter: WHEREAS, EN-Consultants, Inc. on behalf of WILLIAM & JOANNE TURNBULL applied to the Southold Town Trustees for a permit under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated May 30, 2007, 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 & 6 of the Local Waterfront Revitalization Program to the greatest extent possible through the imposition of the following Best Management Practice requirements: installation of gutters and drywells to contain roof runoff and in accordance with Chapter 236 of the Town Code-Storm Water Runoff, a line of staked hay bales to be installed prior to construction, a 10 foot non-turf buffer, septic moved out of Trustee jurisdiction, and 2 WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on July 24, 2007, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, 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 WII_I. IAI~I & JOANNE TURNBULL. to partially demolish an existing one-stow, one-family dwelling for the purpose of renovating and constructing a two-story, one-family dwelling wherein proposed expansion of the existing dwelling shall be situated partially upon and partially beyond existing foundation walls and all seaward expansion shall occur over and in place of the existing wood deck; construct 10'xl 3' addition to existing deck; construct 20'x37' in-ground swimming pool, masonry pool patio, and 8'x12' shed; and install a new sanitary system, public water service line, drainage system of drywells, pool drywell, outside shower, and pool enclosing fence, with the condition of the installation of gutters and drywells to contain roof runoff and in accordance with Chapter 236 of the Town Code-Storm Water Runoff, a line of staked hay bales to be installed prior to construction, a 10 foot non-turf buffer, septic moved out of Trustee jurisdiction, and as depicted on the site plans prepared by John C. Ehlers Land Surveyor, last dated October 18, 2007, and received on October 22, 2007. Permit to construct and complete project will expire two years from the date the permit is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Inspections are required at a fee of $50.00 per inspection. (See attached schedule.) Fees: $100.00 · 3 Very truly yours, James F. King President, Board of Trustees JFK/eac BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 6680 DATE: JULY 24~ 2007 ISSUED TO: WILLIAM & JOANNE TURNBULL PROPERTY ADDRESS: 54005 NORTH ROAD~ SOUTHOLD SCTM# 52-1-1 AUTHORIZATION Pursuant to the provisions of Chapter 275 and/or Chapter 111 of the Town Code of the Town of Southold and in accordance with the Resolution of the Board of Trustees adopted at the meeting held on July 24, 2007, and in consideration of application fee in the sum of $250.00 paid by William & JoAnne Tumbull and subject to the Terms and Conditions as stated in the Resolution, the Southold Town Board of Trustees authorizes and perm/ts the following: Wetland Permit to partially demolish an existing one-story, one-family dwelling for the purpose of renovating and constructing a two-story, one-family dwelling wherein proposed expansion of the existing dwelling shall be situated partially upon and partially beyond existing foundation walls and all seaward expansion shall occur over and in place of the existing wood deck; construct 10'x13' addition to existing deck; construct 20'x37' in-ground swimming pool, masonry pool patio, and 8'x12' shed; and install a new sanitary system, public water service line, drainage system of drywells, pool drywell, outside shower, and pool enclosing fence, with the condition of the installation of gutters and drywells to contain roof runoff and in accordance with Chapter 236 of the Town Code-Storm Water Runoff, a line of staked hay bales to be installed prior to construction, a 10 foot non-turf buffer, septic moved out of Trustee jurisdiction, and as depicted on the site plans prepared by John C. Ehlers Land Surveyor, last dated October 18, 2007, and received on October 22, 2007. IN WITNESS WHEREOF, the said Board of Trustees hereby causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this date. SOUTHOLD TRUSTEES No. ~ Issued ToA~b,~TM~~g~L Date~? Address THIS NOTICE MUST BE DISPLAYED DURING CONSTRUCTION TOWN TRUSTEES OFFICE,TOWN OF SOUTHOLD SOUTHOLD, N.Y. 11971 TEL.: 765-1892 'SUR";,'E¥ OF PROPERT"r' 51TUAtE~ ARSHAHOHA~UE TOOk 5OUTHOL~ N NOTES, , 'JAR~; T~ OF $OUTHOLD AREA = 2~,,41I 5.F. OR 0.65 AC, RE5 O~PHIG ~E I"= ~' JOHN C. EHLERS LAND SURVEYOR 6 EAST M/dN $~ N.Y.S. LIC. NO. $0202 369-8288 Fax 369-8287 REF.\\Compaqservet~n~os~05~O5-102 my. 100307 new house.pro