No preview available
HomeMy WebLinkAbout1000-33.-2-11 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD To: From: Gerard Goehringer, Chair Members of the Zoning Board of Appeals Mark Terry, Principal Planner r,.~/ LWRP Coordinator Date: July 23, 2008 Re: Request for a Variance Arthur R. Torell ZBA#6182 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards pursuant to § 268-3. Definitions: Granting of individual setback, lot line and lot area variances, except in relation to a regulated natural feature or a bulkhead or other shoreline defense structure or any activity within the CEHA; [Amended 6-6-2006 by L.L. No. 7-2006] Suffolk County Tax Map # 33-2-11 contains a portion of a shrub swamp freshwater wetland system listed by the New York Department of Environmental Conservation (SO-9) and the Town (see Figure 1 below). The fresh;vater system is a regulated natural feature pursuant to Chapters 275 and Chapter 280 of the Southold Town Code. Figure I. DEC SO-9 ClaSSi~ed Wetland Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is INCONSISTENT with the below listed policies and therefore is INCONSISTENT with the LWRP pursuant to § 268 of the Southold Town Code. Policy 6: Protect and restore the quality and function of the Town of Southold ecosystem. I 6.3 Protect and restore tidal and freshwater wetlands. The setback from the proposed residence to the freshwater wetland is 35 feet and the proposed setback from the driveway to the freshwater wetland is 39 feet; a minimum setback of 100 feet from the wetland to the residence and a minimum setback of 50 feet from the driveway is required pursuant to:§ 275-3 Findings; purpose; jurisdiction; setbacks. D. Setbacks. [Amended 10-11-2005 by L.L. No. 17-2005]. The following minimum setbacks apply to any and all operations proposed on residential property within the jurisdiction of the Board of Tmstees: (a) Wetland boundary. [1 Residence: 100 feet. Please require that the applicant amend the application to meet the above policy to the greatest extent practicable. Figure 2. Subject parcel with freshwater wetland on property. Note that the applicant has filed a Covenant and Restriction pursuant to NYSDEC permit 1-4738-00755/00003. The restrictions include the establishment of a non-disturbance natural vegetation buffer from the "limits of clearing line" depicted on the referenced map with NYSDEC stamped approval. The restriction allows for a 4' access path. The referenced map is not included within the file. In addition~ the Covenant and Restriction within the file does not show that it was ever filed with the Office of the Suffolk County Clerk. In the event that the action is approved and to further Policy 5: Protect and Improve Water Quality in the Town of Southold and Policy 6 referenced above it is recommended that the Board maximize the width of the non-disturbed buffer landward of the freshwater wetland and require that the applicant file a covenant and restriction with Suffolk County Clerk reuardin~ the establishment and maintenance of the such buffer including the followin? clauses: a. b. The use of synthetic herbicides, pesticides and fertilizers is prohibited. The Declarant covenants that a 25foot wide Non Disturbance, vegetated buffer area shall be established from the wetland line landward for a distance of 25 on SCTM# 33.-2-11. It is hereby understood that the 25foot Non Disturbance, vegetated buffer is intended to preserve the existing trees and natural growth to protect the water quality of the wetland and, provide critical habitat, l~egetation within this area shall remain in its natural state in perpetuity. Permitted activities within the buffer are limited to the removal of dead, diseased trees that are hazardous to life or propertv . Notwithstanding the above, the Non Disturbance, vegetated buffer area may be supplemented with additional native vegetation subject to review and approval of Southold Town Trustees." Pursuant to Chapter 268, the Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Please contact me with any questions. Cc: Kieran Corcoran, Assistant Town Attorney APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman Mailing Address: Southold Town Hall 53095 Main Road · RO. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 June 5, 2008 Mark TerTy, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. 6182 (Torell) Dear Mark: We have received an api~~c~nin~a }O(1-~n~"C~n'~' ~i ~°nstr~ction of a new home on premises cont~i~esh x~te~tlands in Greenport, and shown on the enclosed site map. Copies~fthe curr~nt EWRP form and area map are also attached for your use and reference, aisle as~s~or your assistance in an evaluation and recommendations for this pro~-fil. Thank you. Very truly yours, GERARD P. GOEHR1NGER Chairman COUNTY OF SUFFO ReGI Property to× Servi, 05/21/2008 15:53 6317659064 ZBNINGBDOFAPPEALS PAGE 01/01 FORM NO. 3 NOTICE OF DISAPPROVAL TO: Arthur Torrell, Jr. 377 Thomas Place Wycof[, NJ 07481 DATE: January 22. 2008 RENEWED & AMENDED: May 21~ 2008. Please take notice that your application dated December 28, 2007 For permit for lot line change and new sh~gle family...dwellin~, at Location of property 365 Westwood Lane, Oreen~ort. NY County Tax Map No. 1000 ~ Section 3_}3 Block 2_ Lot 1~1 Is returned herewith ~d disapproved on the following gromads: Th9 nrovosed lot line change, on lots in the Residential R40 District, is not p~rmitted pursuant to Article IV, Section 280-18, which states, "No .building or pre. wises shall be used and no buildin~ or part thereof shall be erected or altered in fl~e Low-Density Residential R-40 District unless the same ,conforms to .~lae reauirem..ents of the Bulk Schedule and of the Parking..Schedule, with the smue fgrce mad effect as if such regulatio, ns were_set forth herein in full." Bulk Schedule requires, a minimum lot size of 40,000 square, feet. Followine thc proposed lot line chalage,.the subiect lot (8CTM#...33-2~11) will.b.qcome more conformintr, fi~om 24,756 square feet to 27,186 square feet in tgtal size, SCTM# 33-2-1.0 will become more nomconforming, from 21,45,8. square feet to 19,028 s.quare feet. in total size. In additign, the p~ oposed construction of a new single family dwelling is jaot pemaitted pursuant to Article XXIII Section 200-124, which ststes that non-conforming lots, measuring between 20,000 and 39~999 .square feet in total size, require.a minimum rear vm d setback 0.f 40 feet. Followin~ the proposed cgnstmct.ion, the dwelling will have a rear yard setback of 20 feet. The pt~oposed lot line chan~e requi.re.s approval fi'om the .Southold Town Pl~mning Board. This Ngfiee of Disapproyai was written based on a survey last dated,,,12/12/07 by John T. Metzger~I=S~.and-aint~ed on May 21~ 200,,8 to refle~:t chan, ges in the oropo,sed plan,.. (Signature Cc: file, Z.B.A., Planning. LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicaRts /hr permits* including Town of Southold ageDcics, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfi-ont Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southokl agency in nlaking a detertllination of consistency. *Except ltl[riot' C~c'Dl[~t ,tctiO~t.¥ itlcllttlittg t3tti[dmg Permits cmJ other mmi.vtcri.l permits riot loc~ttcd *t'ithitl tilt, ( 'o.xht] Ero,vt(.i [[,tz.rd :lrca. BeR)re answering the questions in Section C, thc preparer of this t'orm should reviexv tile exempt minor actioD list, policies and explanations of each p.olicy contained itl the Tov,'n of Southold Local *Vaterfront Revitalization Progranl. A proposed action ,3,'ill be evaluated as to its sigqfificant beneficial and adverse effects upon the coastal area (which mchides all of South. old Town). If'any question in Section C on this form is answered "3,'es", then the proposed action may affect the achievement of the LWRP policy staDdards ,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 maximtlm extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consisteDt with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available m tile tbllowmg places: online at tim Town of Southold's website (southoldtown.r~orthfork.net), the Board of Trustees Office, the Phuming Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION scmc¢/ooo - Application has been submitted to (check appropriate response): TownBoard [-q elanningBoard[--] Building Dept. .~ BoardofTrustees 7 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) Pemlit, approval, license, c,~,tification. Nature and extent of action: BUILDING DEPARTMENT- PERMIT APPLICATION DISAPPROVED JANUARY 22,2008 SOUTHOLD TRUSTEES - PERMIT APPLICATION BEING REVIEWED,HOUSE POSITION ON LOT CHANGED NUMEROUS TIMES IN ORDER TO FOLLOW TRUSTEES SUGGESTIONS MODIFICATION TO DRAWING FOR LOT LINE CHANGE AND REAR YARD VARIANCE- SURVEY MAP JANUARY 24,2008 WAS MADE BY PROPERTY OWNER IN ODER TO POSITION THE HOUSE AS FAR AS POSSIBLE FROM THE WETLANDS AND MAINTA N A 20 00$q.ft. LOT SIZE FOR PROPERTY 68 FOLLOWING THE SCHD RECOMMENDATION, ' THE PROPERTY WILL BE CLEARED BY A LICENSED CONTRACTOR WITH EXTENSIVE EXPERIENCE DEALING WITH WETLAND PROPERTIES K.DICKERSON THE SITE HAS BEEN STUDIED BY THE EXCAVATOR AND FOUNDATION COMPANY AND ALL ARE IN AGREEMENT TO USE ONLY WIDE TRACK EQUIPMENT ie: SKID STEER, AND WIDE TRACK EXCAVATOR AND BACK FILL EQUIPMENT .A VERY LIMITED AREA WILL BE CLEARED OF TREES ON LOT 68 IN ORDER TO ACCESS THE FOUNDATION AREA AND PARK EQUIPMENT AND A DUMPSTER DURING EXCAVATION AND BUILDING CONSTRUCTION.ALL PROPOSED AREA TO BE CLEARED WILL BE REVIEWED PRIOR TO ANY CONTRACTOR WORKING ON THE SITE . Location of action: Present land use: Present zoning classification: ~ .'- ,~0 If an application lbr the proposed action has been filed with the Town of Southold agency, thc lldlowmg information shall be prox ided: (a) Name of applicant: /~.')/~/'u,~,, J~ (b) Mailing address: '~7'~ ~0~4'/'~ /fl~,~ ~/'~..,~/~"t~' / (c) Telephone mnnber: Area Code ( ). ,,7.~/"_ ~/ ~ ,~;Z.3 (d) Application number, if any:. Will the action be directly undertaken, require fi~nding, or approval by a state or federal agency? Yes [~] No [~ If yes, which state or federal agency? C. DEVELOPED COAST POIACY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient nsc of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evalnation criteria. [--]Yes ~] No [~] Not Applicable COVENANT RESTRICTIONS FROM THE DEC AND SCHD DO NOTALLOW FOR GRASS, FERTILIZERS, FUNGICIDES OR PESTICIDES ON THE PROPERTY. THE LANDSCAPE WILL BE MAINTAINED AS A NATURAL SE~FING INSURING ONLY CLEAN NATURAL PRECIPITATION WILL FILTER INTO THE SOIL AND BECOME PART OF THE WATER TABLE. THE DRIVEWAY AND PATIO AREAS WILL ALL BE PERVIOUS MATERIAL AND ALLOW FOR ADDITIONAL DRAINAGE. Polieyy 2; Prote~¢t and preserve historic arid arclia~blb~Fchl reS6urces ol"m6 Town of Sbutliold. See i),VRP Section Ill - Policies Pages 3 through 6 for evaluation criteria [~ 'res ~ NO ,~1 Not Al)l)lical)le THE HISTORIC CHARACTER OF THE NORTH FORK WAS A SIGNIFICANT FACTOR IN MY DECISION TO RELOCATE TO THE AREA. I INTEND TO JOIN THE HISTORICAL SOCIETIES AND BECOME AN ACTIVE VOLUNTEER IN ALL ASPECTS OF THEIR WORK. Altacb additional sheets if necessary Policy 3. Enhance visual qnality and protect scenic resources throughout the Town of South01d. see LWllla Sectiou III - Policies Pages 6 through 7 for evaluation criteria Yes [] No ~K] Not .kpplicable I INTEND TO PRESERVE THE VISUAL QUALITY OF THE AREA BY BUILDING A HOME THAT IS AVERAGE IN SIZE, COLONIAL IN DESIGN AND GRAY/GREEN IN COLOR. THiS SIMPLE DESIGN WILL BLEND WITH THE WOODED LANDSCAPE FROM EVERY POINT OF VIEW. THE DEC COVENANT REQUIRES A FENCE THAT PROTECTS THE WETLANDS AREA ON THE WESTWOOD LANE SIDE OF THE PROPERTY I WILL REVIEW PLACEMENT AND SIZE OF THE FENCE WITH THE TOWN .THE FENCE WILL BE WOOD - ALL NATURAL VEGETATION WILL REMAIN ON BOTH SIDES OF THE FENCE. ADDITIONAL ENDANGERED WETLANDS PLANTS MAYBE PLANTED INSIDE THE FENCE IF THE DEC APPROVES SUCH ACTION. ,.\IIacl; addition;ti ,Mscets it' ncccssaly NAI'URAL COAST POI,ICIES Policy 4. Mininfize loss of life, structures, an(I oatnral resoarces from Ilooding aud erosion. See LWRP Section Iii - Policies Pages 8 tbrough 16 for evaluation criteria ~1 Yes [] No ~] Not Applicable THE DEC AND SCHD HAVE REVIEWED THE PROPERTY SURVEY PLANS AND ISSUED PERMITS BASED ON A DETERMINATION THAT THE DWELLING AND SANITARY SYSTEM HAVE NO NEGATIVE IMPACT ON THE WETLANDS OR ENVIRONMENT IF COVENANTS ARE FOLLOWED. THESE PERMITS WERE ISSUED WITH THE UNDERSTANDING THE DWELLING IS AS FAR AWAY FROM THE WETLANDS AS POSSIBLE DUE TO NATURAL CONSTRAINTS OF THE SUB DIVISION BUILDING LOT. THE DEC REQUESTED THE EASEMENT FOR THE LEACHING POOLS AS A WAY OF MOVING THE POOLS FURTHER AWAY FROM THE WETLANDS. BOTH THE DEC AND SCHD APPROVED PERMITS WITH A DWELLING 19 ' FROM THE WETLANDS. IN ORDER TO ACCOMMODATE CONCERNS FROM THE TRUSTEES I AM REQUESTING A LOT LINE CHANGE AND VARIANCE IN ORDER TO ADD 50 % MORE DISTANCE FROM THE WETLANDS.I HAVE ALSO INCREASED THE DRYWALL CAPACITY TO APPROXIMATELY 276 cubic fi.ADDING 100 cubic fi. Policy 5. Protect and improve water quality add supply in the 'l'ox~n of Sonthold. See LWRP Section III -Policies Pages 16 through 21 for evaluation criteria , es 5C ^pplicable COVENANT RESTRICTIONS FROM THE DEC AND SCHD DO NOT ALLOW FOR GRASS, FERTILIZERS, FUNGICIDES OR PESTICIDES ON THE PROPERTY. THE LANDSCAPE WtLL BE MAINTAINED AS A NATURAL SE~-YING INSURING ONLY CLEAN NATURAL PRECIPITATION WILL FILTER ~NTO THE SOIL AND BECOME PART OF THE WATER TABLE. THE DRIVEWAY AND PATIO AREAS WILL ALL BE PERVIOUS MATERIAL AND ALLOW FOR ADDITIONAL DRAINAGE. Attach additional sheets if necessary Policy 6. Protect and restore the quality aqd functioa of the Town of Soathold ecosystems including Significant Coast:ti Fish and ~,~,'ildlife llabitats and ~etlan(ls. See I.WRP Section III - policies; Pages 22 throt~gh 32 l'or evaluation crtteria. ~ ,'es {-~No[-~ Not ..,i,,,lical, le rile HOUSE FOOTPRINT SHOWN ON SURVEY MAP AS LOT 67 HAS BEEN APPROVED BY THE DEC AND SCHD. FIELD BIOLOGIST HAVE VISITED THE SIGHTAND LISTED IN THE COVENANT RESTRICTIONS THATA NATURAL BOUNDARY BE PROTECTED AND MAINTAINED PARALLEL TO THE WETLANDS RUNNING THE LENGTH OF THE WETLANDS AREA I INTEND TO MAINTAIN THE ENTIRE LOTAS A NATURAL WOODLAND SPACE AND NATURAL HABITAT FOR AREA WILDLIFE. DURING CONSTRUCTION HAY BALES WILL BE PLACE ALONG THE WETLANDS BOUNDARY, BACKED WITH REMOVABLE PLASTIC FENCING. THE DEC HAS DETERMINED ;'HE PROTECTED BARRIER FOR THE WETLAND.I iNTEND TO MITIGATE THE PROJECT IMPACTS TO THE MAXIMUM EXTENT PRACTICABLE AND OFFER { THROUGH A SUBMISSION OF A COVENANT )THAT IN ADDITION TO THE DEC AREA ALL LAND NOT OCCUPIED BY STRUCTURE OR DRIVEWAY WILL BE RESTORED AFTER CONSTRUCTION AS A NON DISTURBANCE NON FERTILIZATION BUFFER Policy 7. Protect and improve ail' quality itl tile I'o~vu of Southold. See LWRP Sectiou 111 - Policies Pages 32 through 34 for evaluatiou criteria. Yes ~] No[~7~ ~ot Applicable NO LEAVES, WOOD OR OTHER MATERIALS WILL BE BURNED ON THE PREMISES - ALL SUCH MATERIAL WILL BE BROUGHT TO THE RECYCLE CENTER. NO OUTSIDE COAL OR WOOD BURNING PATIO HEATERS WILL BE USED ON THE PROPERTY. Attach additional sheels if ncccssal y Policy 8. Miaimize ensironmental degradatiou in Town of Southold from solid waste aud hazardous substances and wastes. See LWRP Section II! - Policies; Pages 34 through 38 for evaluatiou criteria. [] Yes ['-] No [~ Not Applicable NO CHEMICALS OR FERTILIZERS WILL BE USED ON THE SOIL/TREES OR SHRUBS. ALL CHEMICAL BASED MATERIALS USED DURING CONSTRUCTION SUCH AS PAINTS,THINNERS,ADHESIVES WILL BE SEPARATED AND STORED FROM OTHER BUILDING MATERIALS AND DISPOSED OF AT THE RECYCLE CENTER. THE EXCAVATION CONTRACTOR K.L DICKERSON WILL REMOVE ALL EXCAVATED SOIL, ROCKS AND TREES IN ACCORDANCE WITH ALL SOUTHOLD LAWS, PUBI~IC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Towo ~f Southold. See LWRP Section III- Policies; Pages 38 through 46 for evaluation criteria. Yes[] rNo[%~ Not Applicable AS A RESIDENT OF SOUTHOLD I INTEND TO PROMOTE THE ACQUISITION OF LANDS AND HISTORIC PROPERTIES FOR PUBLIC USE Attach additional sl/cets i [ necessaly WORKING COAST POIACIES t'olicy 10. Protect Souflmhl's water-depeudenI uses and promote sitiug of new water-dependeut ases iu snitable Iocatious. See I.WRI' Sectiou III- Policies; Pages 47 through 56 for ex duution crtteria. Yes ~ No ~ Not .~pl)licalfle COVENANT RESTRICTIONS FROM THE DEC AND SCHD DO NOT ALLOW FOR GRASS, FERTILIZERS, FUNGICIDES OR PESTICIDES ON THE PROPERTY. THE LANDSCAPE WiLL BE MAINTAINED AS A NATURAL SETTING INSURING ONLY CLEAN NATURAL PRECIPITAT*ON WILL FILTER INTO THE SOIL AND BECOME PART OF THE WATER TABLE THE DRIVEWAY AND ANY PATIO AREAS WILL ALL BE PERVIOUS MATERIAL AND ALLOW FOR ADDITIONAL DRAINAGE. Policy II. Promote sustainable use of living marine resources iu Long Island Sound, the Peconic Estuary anti Tmvn waters. See I,XVRp Section Iii - Policies; Pages 57 through 62 for evaluation .~ ' Cl Iterla. ~ Yt's [~ ~O ~ Not Applic',dde I WfLL SUPPORT RECREATIONAL FISHING BY PURCHASING EQUIPMENT AND BOAT SUPPLIES FROM MARINAS AND TACKLE STORES ON THE NORTH FORK .I INTEND TO CONTINUE FISHING AND WILL HELP SUPPORT PROGRAMS BY PURCHASING PERMITS FROM THE TOWN. I WILL VOLUNTEER TO ASSIST IN SOUND AND BAY CLEAN UP CAMPAIGNS AND BECOME A MEMBER OF CONSERVATION GROUPS THAT ARE ACTIVELY INVOLVED IN HELPING THE NORTH FORK MARINE ENVIRONMENT. Attach addilional 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. ~] ,'es [~ No ~] Not Applicable AS A RESIDENT I WILL SUPPORT LOCAL FARM PRODUCERS BY PURCHASING FRESH SEASONAL PRODUCTS AND OTHER NON PERISHABLE FOODS MADE FOR SALE AT THESE LOCATIONS. .,\lt;~cl~ additional sheets ifnecessaiy Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP ~on Ill - Pohc~es, Pages 65 through 68 for evaluation criteria. [~Yes [] No [~ Not Applicable I WILL INSTALL ONLY ENERGY SAVING HOME UTILITIES, HEATING AND AIR CONDITIONING UNITS. NATURAL GAS IS AVAILABLE FBOM WESTWOOD LANE AND I PLAN TO HAVE THIS AS THE MAIN SOURCE OF ENERGY. SUFFOLK COUNTY WATER IS LOCATED IN WESTWOOD LANE Surveyor: Location: Tax Map Number: Project Description: Date: Comments: PS G OSCIF, Box 1000 * Southold, New York 11971., (631) 765-3677 TEST HOLE DATA SHEET 1000-33-2-11 Greenport Lot ~ 1/17/08 Dark brown loam OL Brown sandy clay CL Brown clayey sand with heaVY GRAVEL sc Pale brown fine to coasrse sand SW 11.1' Water in pale brown fine to coarse sand 18' Water encountered 11.1' below surface SW Test hole boring...$500.00 APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant:~tZ,~r/9/g~.. t~ 7bREL[__ Date Prepared: I. For Demolition of Existing Building Areas Please describe areas being removed: II. New Construction Areas (New Dw.elling or Ne~y Additions/Extensions): Dimensions of first floor extension: ~l}uf-~ ft }( ,~- ~ Oimensionsofnewsecondfloor: ,?~kt' yaX~- Dimensions of floor above second level: ./~. Height (from finished ground to top of ridge): Is basement or lowest floor area being constructed'? If yes, please provide 'height (above ground) measured from natural existing grade to first floor: III. Proposed Construction Description (Alterations or Structural Changes) (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Number of Floors and Changes WITH ~lterations: IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: Proposed increase of building coverage: Square footage of your lot: ~/~ ...C,r. ~'.~. _ Percentage of coverage of your lot by b~uilding are~: V. Purpose of New Construction: /~a/~.~ TO BUILD A S~NGLE FAMILY HOME FOR MY FAMILY AND GRANDCHILDREN VI. Please describe the land contours (fiat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): I'HE PROPERTY IS SLIGHTLY SLOPED TOWARDS THE WETLANDS AND CLEARED OF THORN BUSHES AND TALL WEEDS IN ORDER TO ACCESS THE BUILDING SITE BY THE TOWN TRUSTEES AND SURVEYORS TREES WERE DISCRETELY REMOVED ~N 1993 BY K,DICKERSON WITH APPROVAL OF SOUTHOLD AGENCIES (ALL PERMITS WERE ~N PLACE FOR CONSTRUCTION)THE FIRST DEC DELINEATION BY R.JACOBSON ON 9-8-1992 SHOWS THE WETLANDS AREA EXACTLY AS DELINEATED BY THE DEC ON 1-13-2004. THE AVAiLAbLE BUILDING AREA HAS ALWAYS BEEN DICTATED BY THIS WETLAND BOUNDARY PLACING CONSTRAINTS ON THE HOUSE SHAPE AND POSITION ON BUILDING LOT 67. I AM PROPOSING TO TAKE LAND FROM LOT 68 FOR THE PURPOSE OF SITUATING BOTH THE NARROW HOUSE AND SANITARY SYSTEM FARTHER FROM THE WETLANDS THAN I WOULD BE ABLE TO ON THE EXISTING SUB D~VISION PARCEL. Please submit seven (7) photos, labeled to show differeut angles of yard areas alter staking coruers for DeW construction), and photos of hoihling area to be altered with yard view. 7/2002: 2,/2005:1/2007 New York State Department of Environmental Conservation Division of Environmental Permits Building 40 - SUNY, Stony Brook, NY 11790-2356 Telephone (631) 444-0364 Facsimile (631) 444-0360 November 22, 2005 Denise M. Sheehan Acting Commissioner Mr. Arthur R. Torell 377 Thomas Place Wyckoff, NJ 07481 RE: 1-4738-00755/00003 Dear Permittee: In conformance with the requirements of the State Uniform Procedures Act (Article 70, ECL) and its implementing regulations (6NYCRR, Part 621) we are enclosing your permit. Please read all conditions carefully. If you are unable to comply with any conditions, please contact us at the above address. Also enclosed is a permit sign which is to be conspicuously posted at the project site and protected from the weather. CAF/ls Enclosure Sincerely, Carol A. Farkas Environmental Analyst NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION DEC PERMIT NUMBER 1-4738-00755/00003 FACILITY/PROGRAM NUMBER(S) PERMIT Under the Environmental Conservation Law EFFECTIVE DATE November 10~ 2005 EXPIRATION DATE(S) November 9, 2015 TYPE OF PERMIT [3 New [] Renewal · Modification iD Permit 1o Construct [] Permit to Operate [] Article 15, Title 5: Protection of Waters [] Article 15, Title 15: Water Supply [] Article 15, Title 15: Water Transport [] Article 15, Title 15: Long Island Wells [] Article 15, Title 27: Wild, Scenic and Recreational Rivers [] 6NYCRR 608: Water Quality Certification [] Article 17. Titles 7, 8: SPDES [] Article 19: Air Pollution Control [3 Article 23, Title 27: Mined Land Reclamation · Article 24: Freshwater Wetlands [] Article 25: Tidal Wetlands [] Article 27, Title 7; 6NYCRR 360: Solid Waste Management [] Article 27, Title 9; 6NYCRR 373: Hazardous Waste Management [3 Article 34: Coastal Erosion Management [] Article 36: Floodplain Management [] Article~ 1, 3, 17, 19, 27, 37; 6NYCRR 380: Radiation Control PERMIT ISSUED TO Arthur R. Torell ADDRESS OF PERMITTEE 377 Thomas Place, Wyckoff, NJ 07481 ITELEPHONE NUMBER {201 ) 891-3043 CONTACT PERSON FOR PERMr'CrED WORK TELEPHONE NUMBER NAME AND ADDRESS OF PROJECT/FACILITY Torell property, 365 Westwood Lane, Greenport COUNTY I TOWN Suffolk Southold DESCRIPTION OF AUTHORIZED ACTIVITY: WATERCOURSE J NYTM COORDINATES FVVW I.D. S0-9 Construct a single family dwelling, driveway and sanitary system. All work must be done in accordance with the attached plan submitted by Peconic Surveyors on 10/4/05 and stamped NYSDEC approved on 11/10/05. By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, the General Conditions specified (see page 2 & 3) and any Special Conditions included as part of this permit. PERMIT ADMINISTRATOR: Roger Evans (CAF/ AUTHORIZED~GN~RE ADDRESS Region 1 Headquarters Bldg. ~,0, SUNY, Stony Brook, NY 11790-2358 IDATE ~ November22, 2005 IPage 1 of 4 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION SPECIAL CONDITIONS 1. Any work, disturbance, and or storage of construction materials shall be confined to within the limit of clearing and ground disturbance shown on the approved plan, 2. Any demolition debris, including excess construction materials and or excess excavated materials, shall be disposed of on an approved upland site more than 100 feet from any regulated freshwater wetland by the close of business on the day such material was generated. 3. A 4' high permanent fence chain link, stockade, or post and rail must be installed prior to the start of construction along the limits of clearing and ground disturbance line as shown on approved plans. 4. Prior to commencement of any construction activities, a continuous row of straw bales shall be staked end to end as shown on plans. The bales shall be maintained, repaired and replaced as often as necessary to ensure proper function, until all disturbed areas are permanently vegetated. Sediments trapped by the bales shall be removed to an approved upland location before the bales themselves are removed. 5. Straw bales shall be recessed two to four inches into the ground at all times. 6. All fill shall consist of clean soil, sand and gravel that is free of the following substances: asphalt, slag, fiyash, broken concrete, demolition debris, garbage, household refuse, tires, woody materials including tree or landscape debris, and metal objects. 7. The driveway must be surfaced with a permeable material. 8. All equipment and machinery shall be stored and safely contained greater than 100 feet landward of the regulated wetland or waterbody at the end of each work day. This will serve to avoid the inadvertent leakage of deleterious substances into the regulated area: Fuel or other chemical storege tanks shall be contained and located greater than 100 feet landward of the regulated wetland or waterbody at allk times. If this requirement cannot be met by the permittee, then the storage areas must be designed to completely contain any and all potential leakage. Such a containment system must be approved by NYSDEC staff prior to placement of equipment, machinery or tank storage within 100 feet of the regulated wetland or waterbody. 9. All areas of soil disturbance resulting from this project shall be seeded with an appropriate perennial grass and mulched with straw immediately upon completion of the project, within two (2) days of final grading, or by the expiration date of this permit, whichever is first. Mulch shall be maintained until a suitable vegetative cover is established. If seeding is impractical due to the season, a temporary mulch shall be applied and final seeding shall be performed as soon as weather conditions favor germination and growth. 10. Suitable vegetative cover is defined as a minimum of 85% area vegetatively covered and no unvegetated areas larger than one (1) square foot in size. 11. The permittee shall incorporate the attached Covenant (or similar language) to the deed for the property where the project will be conducted and file it with the Clerk of Suffolk County within 30 days of the effective date of this permit. This deed covenant shall run with the land into perpetuity. A copy of the covenanted deed or other acceptable proof of record, along with the number assigned to this permit, shall be submitted within 90 days of the effective date of this permit to: NYSDEC, Bureau of Habitat Regional Manager, SUNY Bldg. #40, Stony Brook, NY 11790-2356 DEC PERMITNUMBER PAGE 2 OF 4 1-4738-00755/00003 ~ NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION ADDITIONAL GENERAL CONDITIONS FOR ARTICLES 15 (TITLE 5), 24, 25, 34 AND 6NYCRR PART 608 ( FRESHWATER WETLANDS ) If future operations by the State of New York require an alteration in the position of the structure or work herein authorized, or if, in the opinion of the Department of Environmental Conservation it shall cause unreasonable obstruction to the free navigation of said waters or flood flows or endanger the health, safety or welfare of the people of the State, or cause loss or destruction of the natural resources of the State, the owner may be ordered by the Department to remove or alter the structural work, obstructions, or hazards caused thereby without expense to the State, and if, upon the expiration or revocation of this permit, the structure, fill, excavation, or other modification of the watemourse hereby authorized shall not be completed, the owners, shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore to its former condition the navigable and flood capacity of the watercourse. No claim shall be made against the State of New York on account of any such removal or alteration. The State of New York shall in no case be liable for any damage or injury to the structure or work herein authorized which may be caused by or result from future operations undertaken by the State for the conservation or improvement of navigation, or for other purposes, and no claim or right to compensation shall accrue from any such damage. All necessary precautions shall be taken to preclude contamination of any wetland or waterway by suspended solids, sediments, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious materials associated with the project. Any material dredged in the conduct of the work herein permitted shall be removed evenly, without leaving large refuse piles, ridges across the bed of a waterway or floodplain or deep holes that may have a tendency to cause damage to navigable channels or to the banks of a waterway. There shall be no unreasonable interference with navigation by the work herein authorized. If upon the expiration or revocation of this permit, the project hereby authorized has not been completed, the applicant shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore the site to its former condition. No claim shall be made against the State of New York on account of any such removal or alteration. If granted under 6NYCRR Part 608, the NYS Department of Environmental Conservation hereby certifies that the subject project will not contravene effluent limitations or other limitations or standards under Sections 301,302, 303, 306 and 307 of the Clean Water Act of 1977 (PL 95-217) provided that all of the conditions listed herein are met. At least 48 hours prior to commencement of the project, the permittee and contractor shall sign and return the top portion of the enclosed notification form certi~ing that they are fully aware of and understand all terms and conditions of this permit. Within 30 days of completion of project, the bottom portion of the form must also be signed and returned, along with photographs of the completed work and, if required, a survey. All activities authorized by this permit must be in strict conformance with the approved plans submitted by the applicant or his agent as part of the permit application. Such approved survey was prepared by Peconic Surveyors on 10/4/05. OEC PERMIT NUMBER PAGE 3 OF 4 1-4738-00755/00003 ; NEVV YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS Item A: Permittee Accepts Legal Responsibility and Agrees to Indemnification The permittee, excepting state or federal agencies, expressly agrees to indemnity and hold harmless the Department of Environmental Conservation of the State of New York, its representatives, employees, and agents ("DEC") for ali claims, suits, actions, and damages, to the extent attributable to the permittee's acts or omissions in connection with the permittee's undertaking of activities in connection with, or operation and maintenance of, the facility or facilities authorized by the p~rmit whether in compliance or not in compliance with the terms and conditions of the permit. This indemnification does not extend to any claims, suits, actions, or damages to the extent attributable to DEC's own negligent or intentional acts or omissions, or to any claims, suits or actions naming the DEC and arising under article 78 of the New York Civil Practice Laws and Rules or any citizen suit or civil rights provision under federal or state laws. Item B: Permittee's Contractors to Comply with Permit The permittee is responsible for informing its independent contractors, employees, agents and assigns of their responsibility to comply with this permit, including all special conditions while acting as the permittee's agent with respect to the permitted activities, and such persons shall be subject to the same sanctions for violations of the Environmental Conservation Law as those proscribed for the permittee. Item C: Permittee Responsible for Obtaining Other Required Permits The permittee is responsible for obtaining any other permits, approvals, lands, easements and rights-of-way that may be requirod to carry out the activities that are authorized by this permit. Item D: No Right to Trespass or Interfere with Riparian Rights This permit does not convey to the permittee any dght to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work nor does it authorize the impairment of any rights, title, or interest in real or personal property held or vested in a person not a party to the permit. GENERAL CONDITIONS General Condition 1: Facility Inspection by the Deparbaent The permitted site or facility, including relevant rocords, is subject to inspection at reasonable hours and intervals by an authorized reprosentative of the Department of Environmental Conservation (the Department) to determine whether the permittee is complying with this permit and the ECL. Such representative may order the work suspended pursuant to ECL 71-0301 and SAPA 401(3). The permittee shall provide a person to accompany the Department's representative during an inspection to the permit area when requested by the Department. A copy of this permit, including all referonced maps, drawings and special conditions, must be available for inspection by the Department at all times at the project site or facility. Failure to produce a copy of the permit upon request by a Department roprosentative is a violation of this permit. General Condition 2: Relationship of this Permit to Other Department Orders and Determinations Unless expressly provided for by the Department, issuance of this permit does not modify, supersede or rescind any order or determination previously issued by the Department or any of the terms, conditions or requirements contained in such order or determination. General Condition 3: Applications for Permit Renewals or Modifications The permittee must submit a separate written application to the Department for renewal, modification or transfer of this permit. Such application must include any forms or supplemental information the Department requires. Any renewal, modification or transfer granted by the Department must be in writing. The permittee must submit a renewal application at least: a) 180 days beforo expiration of permits for State Pollutant Discharge Elimination System (SPDES), Hazardous Waste Management Facilities (HWMF), major Air Pollution Control iAPC) and Solid Waste Management Facilities (SWMF); and b) 30 days before expiration of all other permit types. Submission of applications for permit renewal or modification are to be submitted to: NYSDEC Regional Permit Administrator, Region 1, SUNY BIdg fl-40, Stony Brook, NY 11790-2356 General Condition 4: Permit Modifications, Suspensions and Revocations by the Department The Department reserves the right to modify, suspend or revoke this permit in accordance with 6 NYCRR Part 621. The grounds for modification, suspension or revocation include: a) materially false or inaccurate statements in the permit application or supporting papers; b) failure by the permitiee to comply with any terms or conditions of the permit; c) exceeding the scope of the project as described in the permit application; d) newly discovered material information or a material change in environmental conditions, relevant technology or applicable law or regulations since the issuance of the existing permit; e) noncompliance with previously issued permit conditions, orders of the commissioner, any provisions of the Environmental Conservation Law or regulations of the Department related to the permitted activity. DEC PERMIT NUMBER I 1-4738-00755/00003 ' I PAGE 4 OF 4 :RESTRICTIVE COVENANT TO THE DEED DECLARATION THIS DECLARATION, dated day of ,200 , is made by · (hereinat~er the "Declarant"), whose address is WITNESSETH WI-IEREAS, the Declarant is thc owner of certain real property located in the Town of Southold, County of Suffolk, State of New York, Tax Map # District 1000, SectiOn 33, Block 2, Lot(s) 10 and 11 which real property is more particularly described in Exhibit A annexed hereto (hereinafter referred to as the "Property"); and "This covenant shall serve as notification that regulated freshwater wetland # SO-9, is located on or near the properties of Arthur Torell and his, her, their heirs, assigns or successors and is therefore subject to current environmental conservation laws regarding the conduct of regulated activities on such property." "Whereas, it is the responsibility of the owner of the property to obtain a current description of all regulated activities from the New York State Depattment of Environmental Conservation CNYSDEC") o~ its successor organization for the purpose of determining what is considered a regulated activity. Performance of any regulated activity will require prior approval by the NYSDEC or its successor." "Whereas, the area landward of the wetland boundary as shown on the attached survey and described as all areas south of the limits of clearing, grading and ground disturbance line, will be preserved and will remain undisturbed and in natural vegetation in perpetuity. Only a 4' wide access path may be cleared. The following activities in the preserved area are specifically prohibited: clearing or cutting of vegetation, application of chemicals, excavation, grading, filling, construction, erection of any structures, and use of the area for the storage of materials or debris. 'q'he foregoing covenants shall run with the land and are binding on this owner and his heirs and assigns, forever" Any violation of these restrictions, covenants, and agreements shall cause the violator, in addition to any f'mes, penalties, and/or forfeitures prescribed by law, to pay for any and all reasonable legal fees and expenses incurred by any party in enforcing the covenants, reslxictions, and agreements contained herein. Failure to comply with the l'ding of the above covenant and restrictions may result in permit revocation and/or the assessment of financial penalties against the applicant. New York State Department of Environmental Conservation NOTICE The Department of Environmental Conservation (DEC) has, issued permit(s) pursuant to the Environmental Conservation Law for work being conducted at this site. For further information regarding the nature and extent of the approved work and any Department conditions applied to the approval, contact the Regional Permit Administrator listed below. Please refer to the permit number shown when contacting the DEC. Permit Number Expiration Date Regional Permit Administrator ~';O~N ~,k~. PAVACiC NOTE: This notice is NOT a permit DECLARATION THIS DECLPHIATION, dated 26th day of June , 2009 , is made by Arthur Torell, Jr; (hereinafter the "Declarant"), whose address is 377 Thomas Place, Wyckoff, NJ 07481 WITNESSETH WHEREAS, the Declarant is the owner of certain real property located in the Town of Southold, County of Suffolk, State of New York, Tax Map # District 1000, Section 33, Block 2, Lot(s) 10 and 11 which real property is more particularly described in Exhibit A annexed hereto (hereinatter referred to as the "Property"); and "This covenant shall serve as noJjfication that regulated freshwater wetland # SO-9, is located on or near the properties of Arthur~l'orell/~d his, her, their heirs, assigns or successors and is therefore subject to current environmental conservation laws regarding the conduct of regulated activities on such property." "Whereas, it is the responsibility of the owner of the property to obtain a current description of all regulated activities from the New York State Deptu tment of Environmental Conservation CNYSDEC") or its successor organization for the purpose of determining what is considered a regulated activity. Performance of any regulated activity will require prior approval by the NYSDEC or its successor." "Whereas, the area landWard of the wetland boundary as shown on the attached survey and described as all areas south of the limits of clearing, grading and ground disturbance line, will be preserved and will remain undisturbed and in natural vegetation in perpetuity. Only a 4' wide access path may be cleared. The following activities in the preserved area are specifically prohibited: clearing or cutting of vegetation, application of chemicals, excavation, grading, filling, construction, erection of any sWacmres, and use of the area for the storage of materials or debris. "The foregoing covenants shall nm with the land and are binding on this owner and his heirs and assigns, forever" Any violation of these restrictions, covenants, and agreements shall cause the violator, in addition to any f'mes, penalties, and/or forfeitures prescribed by law, to pay for any and all reasonable legal fees and expenses incurred by any party in enforcing the covenants, restrictions, and agreements contained herein. Arthur ~ Torell, Jr../ // STATE OF NEW YORK, COUNTY OF SUFFOLK, ss.: On June 26, in the year 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared Arthur '~o Torell, Jr. , personally known to me or proved to me on the basis of satisfactory evidence that he executed the same in his capacity and that by his signature on the instrument, the individual, or the person or entity upon behalf of which the individual acted, executed the instrument. ~' / Iqofary PulJlic- - SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLAR~TION/DOP Number of Pages: 4 Receipt Number : 06-0064009 District: 1000 Recorded: At: 06/30/2006 03:24:23 PM Page/Filing COE TP-584 Cert. Copies SCTM Received the Following Fees For Above Instru/uent Exempt Exempt $12.00 NO Handling $5.00 NO $5.00 NO N-YE SRCHG $15.00 NO $0.00 NO Notation $0.00 NO $5.00 NO RPT $50.00 NO $0.00 NO Fees Paid $92.00 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County LIBER: D00012457 PAGE: 647 Section: Block: Lot: 033.00 02.00 010.000 EXAMINED A/FD CHARGED AS FOLLOWS ~.. APPLICATION TO THE SOUTHOLD TOWN BOARD OF A~ Fee:$ Filed By:__ F°20~Catee~sesiOg;elYd/Assign ment No. / OI. ce Note,: I G. t House No.3~5 Street ~OO~ ~ Hamlet SCTM 1000 Section ~ ~ Block ~ Lot(s) / / Lot Size R~/O I (WE) APPEAL THE ~TTEN DETE~INATION OF THE B~LDING INSPECTOR DATED / .~2~ BASED ONMAP DATED ff~/~OO~ amended on ~ay 2~, 2005, based on the map dated Apr~ 30, 2008 Applicant(s)/Owner(s): ~~ /~ Telephone: ~/t?/3O~3Fax ~: Emafl: NOTE: In addition to the above, please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative: Charles R. Cuddy for ~ ) Owner, or ( ) Other: Agent's Address: PO Box 1547. R~verhe~d, NY 1 lq01 Telephone 369-8200 Fax g: 369-9080 Emaii:charles.cuddy~ver~ zon.net: Please check box to specify who you wish correspondence to be mailed to, from the above names: [] Applicant/Owner(s), or l~ Authorized Representative, or [] Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED/~I"/'Z · 200~'and DENIED c'~' ,~, AN APPLICATION DATED /-~__~.~)~ FOR: amended on May 21, ~008 /~' r~a;'8 ~uilding Permit ertificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built Construction []Other: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article IV Section 280- 18 Subsection XXIII 200-124 Type of Appeal. An Appeal is made for: ,~ll~.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 appealed'has, [] has not been made at any time with respect to this propert¥~ UNDER Appeal No. Year . (Please be sure to research before completing this question or call our office for ass's,anceOix-;, / Name of 0;~ her: ZBA File # REASONS FOR APPEAL {additiot al sheets maF be used with preparer's signature): AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: THE EASTERN SHORES DEVELOPMENT ESTABLISHED ~N 1965 IS BUILT UP THE PROPOSED HOUSE PLAN IS MODEST SiZE AND SETBACK 120 ft. FROM WESTWOOD LANE. BUILDING LOT 67 IS BORDERED ON TWO SIDES BY GREEN SPACE AND ON ONE SIDE BY UNDEVELOPED PROPERTY (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: THE DELINEATED WETLANDS AREA MARKED BY THE DEC HAS FORCED NATURAL CONSTRAIN TS ON THE SIZE AND POSITION FOR A SINGLE HOUSE.THE EASEMENT WAS PROPOSED AND APPROVED BY THE DEC AND SCHD IN ORDER TO MOVE THE LEACHING FIELDS AWAY FROM THE WETLANDS, ADDITIONAL REQUESTS BY THE TRUSTEES TO MOVE THE HOUSE BACK FURTHER HAVE INITIATED THIS REAR YARD VARIANCE AND LOT LINE CHANGE . THESE REQUESTS WILL MOVE THE HOUSE AWAY FROM THE WETLANDS INCREASING THE DISTANCE 50% FROM THE APPROVED PERMIT DRAWINGS iSSUED BY THE DEC 11-22-2OO5 AND SCHD 11-27-2006. (3) The amount of relief requested is not substantial because: THE REAR YARD BORDERS ON SEVERAL ACRES OF DESIGNATED GREENSPACE LAND, THE VARIANCE AND LOT LINE CHANGES WERE REVIEWED WITH THE TRUSTEES AS A WAY TO MOVE THE HOUSE BACK AS FAR AS POSSIBLE ON THE LOT. EACH PROPERTY iS OVER ]-9 000 AND REMAINS AN AVERAGE SIZE LOT WITHIN THE SUBDIVISION. THE PROPERTY WILL REMAIN NATURAL AND UNDISTURBED ~ sq · ~: t:. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: THE PROPOSED BUILDING STRUCTURE IS AVERAGE SIZE AND CONFORMS TO THE OTHER HOMES IN THE SUB DIVISION.THE HOUSE WILL BE SET BACK 120 ft. MORE THAN TWICE THE DISTANCE FROM THE ROAD AS ALL OTHER HOMES.AFTER CONSTRUCTION t iNTEND TO ASK THE DEC TO RECOMMEND PROCEDURES TO STABILIZE THE LAND AND LANDSCAPE WITH ALL NATIVE GRASSES, SHRUBS AND TREES.LANDSCAPING WILL BE DONE BY A LOCAL NURSERY THAT IS KNOWLEDGEABLE WITH WETLAND PLANTINGS.I iNTEND TO USE PLANTS THAT WILL HELP CONTROL SOIL EROSION AND MAINTAIN A STABLE NONFERTILIZATION BUFFER. (5) Has the alleged difficulty been sell-created? ( )Yes, or ~No. Are there Covenants and Restrictions concerning this land: D No. XYes (please fitrnish copt,). 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 V.4RIANCE IS BEING REQUESTED, AND PLE.4SE COMPLETE THE ,4TTACHED USE V,4RIANCE SHEET: (Please be sare to consult },our attorney_ .~g SignatUre of A~pellant ~r A~thorized/~gent Sworn to ~~// ~OMAS A. MASELLI NOT~Y PUBLIC, STATE OF NEW JERSEY C~N~ OF PASSAIC ~ CO~I~ION EXPIRES 6/1~9 ID g 43641 ~1/03/2085 01:01 APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard B Oochringer Lydia A, Tortora ~cent Orlando ,~ame$ Dinizio, Jr, http://southo]dtows,north fork.n et BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, ,N~ 119'71-0959 Tel. (631) 765-1809 Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF DECEMBER 2, 2004 ZBA Ret. 5610 - ARTHUR TORELL Property Location: 365 Westwood Lane, Greenport; CTM 33-2.11 SEQRA DETERMINAT..IQN: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project Is Implemented as planned. PROPERTY FACTS,/DE$CI~IPTION: The applicant's 2~,~a 3, vacant property has 115 ff. along Westwood Lane in Greenport, as shown on the May 7, 1 g98 ~t~a[l~oared by Peconic Surveyors, P.C,, last amended November 18, 2004. BASIS OF APPLICATI,O,N: I~uilding Dsps.n.~ent's .1~ z.200~ Notice of Disapproval, citing Section · 100-244B, it~ its de~lal of a building pel'l'flit~at~s't~i neW dwelling for the ~ason that the rear yard is less than the code required 50 feet, FINDINGS OF F. ACT The Zoning Board off-Appeals held a public hearing on this application on November 18, 2004 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: ARF_A VARIANCE RELIEF REQUESTED: The applicant wishes to construct a new dwelling with a rear yard setback at 35.5 feet instead of the code required 50 feet. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties, after careful evaluation of all evidence received, in the written town records and during the public hearing. The applicant is requesting a rear yard setback at 35.5 feet. This request is based upon the nature of a scaled-down home on a lot which contains a significant amount of wetland restrfcted areas, The lot is 24,756 sq, ft. in total lot area and contains a very small area for building. Page 2 - December 2, 2004 File NO. 5610 - Arthur Torell CTM Id: 33-2-1 '1 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. This is a very small lot, and without a setback variance, a dwelling would not be possible. 3. The variance granted herein Is substantial and is the maximum the board would approve. The code requires a minimum of 25 feet for both side yards, and the addition is a two-ff, reduction from this requirement, resulting In total side yards of 22+- feet. 4. The difficulty was not seE-created. The difficulties are related to the unique topography of this building lot and probably should have been made part of another lot on the filed map based upon the wetlands aspect of the property. 5. No evidence has been submitted to suggest that a variance in this residential community will have an adverse Impact on the physical or environmental conditions in the neighborhood. The applicant is following all procedures to obtain other agency permit~ under the wetland ordinances and other pertinent codes. 6, Grant of the requested relief ia the rsinimum action necessary and adequate to enable the applicant to enjoy the benefit of a new single-family dwelling, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE I[QARD: In considering all of the above factors and applying the balancing test under New York Town Law 287-B, motion was offered by Member Goehringer, seconded by Member Dlnizio, and duly carried, to GRANT the vadanca as applied for, as shown on the May 7, 1998 survey prepared by Peconic Surveyors, P.C., last amended November 18, 2004. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members OIIva (Chairwoman), Go~ri.eger~ Tgrto. r,a, and Dinizio. (Member Vincent Orlando, Actthg Cha~r~nafi 12/~t¢~/04 Approved for Filing Gerard P. Ooei~th,:acr, Chain~an ,:, ,lamc,s Din'.zio, .It. Lydia A. Tortora I_ora $, Collins G¢o~.~;¢ Homing BOARD OF APPEALS TOWN OF $OUTHOLD ' PoOl THURSDAY, SBPTEHBER 24, 1998 REGULAR HEETING 6:30 p,~a. Call to Order by Chairman. I. ENVIRONMENTAL DECLARATIONS (SEORA}: Type II Declara-~ .... .-.. : .. tions: .sel/~ck~ lot line, accessory uses such as B & Bs or Accessory Apartmeqtsi lot wa,vers unde~ 100-26. II, PUBL/(: HEARINGS: 6:30 p.m. ~.ppl. No. 4594 - Iq. FERRARIS. (Carryover from ~1131: A V~!s - requested under Article XXIII, Section 100-231B for' pmpesed'~term~ c01art fencing at a height above 6-1/2 feet. 3585 Orchard St, Orient.*' 1000-27-~2.10. 6:35 p.n.,. Appl. No. 4597 - BUXLDXNG DEPARTMENT, This .iSa Requea~qlt _W. ide ~a:;is~ for an INTERPRETATION submi__H_?a_ bYthe Building Denar~t by'its. D,rector .Q.f Code Enforcement, asking for a Dote~lnatlon 'ansWering ~ qU~d~m~ , ' "Does Article XXV, Section i00-2Sg-Land Clearing, apply to vacant land I. all Zoning. Districts," 6:40 p.m.. Appl. No. 4.5.92 - K. ZACHARIAD[S...This is a. request for VaHa~ under A .r~i:cle XXIV, Section 100-244B for a budd,ng permit authOriZing I~'a~' bu~t' construction of a deck addition at a minimum setback of Iess thon'50 feet from the front property line~ and (b) under ArUcle H[~ Section 100-33 for permission.to locate accessory swimming pool In an area located partly in ?he side ~ .qt 1697 Little N~ck Road, Cutchogue, NY; Parc~! 1000-103-5-2.2. Lot s~ze: 40,604'sq'. It. 6:55 p.m. Appl. No. 4599 - PATRICK MORTIMER, This iS a Reqeest for · Vaitance under A~;ide XXIII, Section 100-239-48 for. (a) a building permit authorizing construct:on of an 'as built' shed and (b) permission to locate proposed deck, all at P.O~ ,cback of less than 75 feet from t~e bulkhead at 3895 paradise ~ Road, · ,thold, NY; Parcel 1000-81-1-8; also known as Lot #10 on. th~, pa~.i.Point~ ,~--%t:Jon Z, Subdivision Map. ' 'r : + ~7,:00 p.m. Appl. No. 4600 - ELLEN ZZHMERHAN. -This is a. Request ~:~:Varlance.::. .;~nder Article XX/ZZ, Sect?n 100-239.4B and Section' 100.-.:Z,.4~.~ .for: pelrmir~_ml tol ~opstruct deck addiUon with a setback at le~,s than 35 feet from the rear ~ fine a.n,.d,, less.t, han 75 feet from the bulkhead, at 500 South Lane, Ea~ MahouT, Ny; parcel * · ~, ~'~-38 6-11. , · ::' , "";uS p.m. Appl. No. 4601 - ROBERT SM[TH & ANO. This iS a. Request roir aV~-lance under Article XX/V~ Section 100-241A for permlssio.n, to'construct pro~ a~ldition and alteration to an exisUng accessory garage w~th nonc~.nforming ~. use, ba-oed upon the May 28, 1998 NoUce of Disapproval. Location of Property. '~0$. P~. d ck, NY; Parcel 2000-113 9 ' ' Pleasant Rea ~ Mattitu - -11. ' : ', ., :.,* 7:10 p.m. Appl. N..o. 4602 - CMFFORD AND RUTH CORNELL.'.,Thi~ i~ a ~Dr a' Variance under ArUde LTLA, ,_S~_ on 100-30A.3 for' a* bU#ding'por~lt a~ tim construction/location of an as built" ~ gazebo - - . _:." ? -' _ - - .- setback of less than the reuuired three ft. min,mUm and I~ .~ .21~lOA~ lot coverage limitaUon of the Zoning Code at 325 Willow Point .Road,' .S~Jtl~oqd, NY; Parcel 1000-56-5-26, also known as Lot #24, Willow Point.: . : 7.20 p.m. ~ILT/~U~T.~,~ regarding properties known as 36s w ..m~wob~.La~e and 465 We~twood Lane, Greenport~ NY; Map of Eastern Shores, Section 2, LOts.#67 and #68; Parcel #1000-33-2-10 and 11, as follows: A.p.p.I. No. 4603, for a Lot Waiver under ArUde ZZ, Section 100-:~l~*regardlng an existing nonconforming lot idenUfied on the suffolk County TaX Map: as Lot 11, Section 33, Block :2, which ~ has been deemed merged with.~ lot ref. #10, based on the Building ~nspector's August .4, 1997 Nol~ .of Disapproval~ and Appl, No, 4604, for a V..a. rianc~., under Article XXZV, Section :~00-2 _.~_B for pe~missio~o_to.~onst~uct dwelhng with a side yard. setback, at.less Umn iS_.feet fron~t~ existing ~roperty line between Lots #10 and #1! as shown on.~e Map /o/f~.a..stern Shores, lSection 2~ or alternaUvely a variance for adjusted, fot.,~iz~.of i.Lots 68 and 67, to/reduce the square footage and lot width of Lot ~8,'l~hereby ~ncreasing the nop'conforming lot #67 for a 15-ft. conforming side ytard sethacl~ 7:30 p.i,,..;Al~..O:. 4606 - THOMAS AND MO~RA MASTRO. This is a ./!~quest for a Variance under Article XX/I[~ Section 100-239.4B for permission to extend Fence which would be at less than 75 feet from the bulkhead, or along bulkflaad, at 6700 Great Peconic Bay Boulevard, Laurel, NY; Parcel 1000-120-11-3.1. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town, Hall 53095 Main~oad P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF SEPTEMBER 30,1998 Appl. NO. 4603 -/~RTHUR TORELL PARCEL 1000-33'2'10 (& 11} STREET & LOCALTTY: 365 and 465 Westwood Lane, Greenport DATE OF PUBI.[C HEARZNG: September 24, 1998 FINDINGS; OF FACT PROPERTY FACTSIDESCR[PI'ZON: The subject property is located on the westedy side of Westwood Lane, Greenport. The property is shown as Lot No 67 and No. 68 on the 1965 Map of Eastern Shores (duplicate submitted) at Greenport, Section Two. The property was acquired by Arthur R. Torell, .lr. by deed dated April 24, 1971, which deeds refers to Subdivision Map Lots 67 and 68 (not by metes-and-bounds). The Map of Eastern Shores was filed with the Suffolk County Clerk's Office August 10, 1965 as File No. zi426 Abstract No. 5155. BASIS OF APPEAL: Building Inspector's August 4, 1997 (re-written September 21, 1998) Notice of Disapproval which indicated that under Section 100-25, the two properties were merged as one in this R-40 Residential Zone District. REI-ZEF ~tEOUESTED BY APPI.ZCANT: The request made by applicant is to re- separate (unmerge) Lots 67 and 68 shown on the Map of Eastern Shores, Section Two by Board of Appeals approval for a Waiver under Section 100-26 of the Zoning Code. REASONS FOR BOARD ACTION: 1. Merger of Lots #67 and #68 occurred with the Town Board's adoption (11128/95) of Local Law No. 23, which became effective 3anuary 1, 1996. Prior to 3anuary 1, 1996, ali lots in the Eastern Shores Subdivision, including the applicant's Lots #67 and #68, were excepted from the lot area and lot width requirements of the Zoning Chapter. The exemption existed for 24 years, since 1973. The applicant submitted plans In 1993 to the Town Trustees and the New York State DEC to construct a single-family residence on Lot #67, indicating lot #68 as a vacant and single and separate lot. Page 2- Appl. No. 46P ~ [Torell) Re: 1000-33-2-10 (& .) ZBA September 30, 1998 DetenninaUon 3. The applicant has testified that he only became aware that the two lots had merged this year when he sought to reactivate his building permit. RESOLUTION/ACTION: Accordingly, on motion by Member Tortora, seconded by Member Collins, it was RESOLVED, to GRANT the Waiver of merger in accordance with the application for the following reasons: 1. Most of the Eastern Shores Subdivision is developed with single*family re.sidences on lots similar in size to each of the two lots that would be recognized by this waiver of merger. 2. The two lots were created by subdivision and protected on the Town's Exception List from 1993 until 1997, 3. The waiver will not result in a significant increase in the density of the neighborhood. 4. No adverse environmental conditions are anticipated that would not otherwise be addressed by the Town Trustees or the State DEC. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, TORTORA, AND COLLINS. (Member Homing was absent during this action.) This Resolution was duly // GERARD P. GOEHI~N(~ER / ~' CHAIRMAN 10/?/98 Approved for Filing RECEIVED AND FILED BY TIlE SOUTHOLD TOWN CLERK DAT~/o/?/~' }{OUR ~ '~o .... -- ~-~c ~. /~ lorn Iomillor with the STANDARDS FOR APPROVAL ANI~ CONSTRUCTION OF SUBSURFACE SEWAGE DISPOSAL SYSTEMS FOR SINGLE FAI/IL.Y RESIDENCES qed will ~bide by the conditions set loNb. therdfl and on permit 1o construcL NYSDEC # 1-4738-00755/00003 SITE TEST BORING ///7/08 McDonald Geoscience OL Smldy Clay CL Brown Clayey Sane With Heavy Gr~lvel SC fo Coarse Sand F/n/er I~ Pale Brov/~ Fine fo 9 m_ KEY MAP The /ocdions of wells ~d cesspools shown hereon ore /rom [lan observations and or karo don obtdned from others, ./ / ~ = THE EDGE OF THE NYS DELINEA TED fFLAG~ED) BY R. MARSH AND G. KOZLO~SKI ON 1/13104, NO TE' LOT NUMBERS REFER TO "MAP OF EASTEgN SHORES - SECTION FILED IN THE SUFFOLK COUNTY CLERK'S OFFICE AS MAP NO. 4426 AREA NEY/LOT = Z7,186 AREA Y/ETL~4NDb' ,, 8030 s.f. AREA PROPOSED DY/ELLING MAP OF PROPERTIES. AT GREENPORT TOWN OF SOUTHOLD SUFFOLK COUNTY, N Y. OY/NER: 1810 ~.f. ARTHUR TORELL 1810 I l~1§6 ' = 9 % COVERAGE 377 THOMAS PLACE ' Y/YCKOFF, N.J. 0748! PROVIDE 2- 6'¢ x 4' DEEP DFiY~YELLS ' TO CONTAIN ROOF RUNOFF -I000 - 33 - 02 - 10&11 SCALE.. 1"= 40' MA Y 7, 1998 NOV. I0, 1998 ( ~dd/lion ) APRIL. 30~ 2003 ( revision ) AUG. EO~ 2003 (rev/s/on prop. I Oct,. [:7~. 2003 (B.O.H.I Oct. 27, 2003 (HA YBALE,,Cd~_~k~E~R~ ZONING DISTRICt. R40 FEB. I~, ~004 (FETL~~~ APNIL 5, ~008 (rev/dons) I CONTOURS LINES ARE REFERENCED TO THE P. I FIVE EAST~N TO~NS TOPO6RAPHIC MAPS (N.&KD.) IZ~O