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Home My WebLink About34765-ZFORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Hall Southold, N.Y. (THIS BUILDING PERMIT PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) PERMIT NO. 34765 Z Date JUNE 10, 2009 Permission is hereby granted to: J & H BATTAGLIA 2000 HOBART RD SOUTHOLD,NY 11971 for : DEMOLITION OF A DWELLING & BARN PER TRUSTEES & PLANNING BOARD AS APPLIED FOR at premises located at 2000 HOBART RD SOUTHOLD County Tax Map No. 473889 Section 064 Block 0003 Lot No. 003 pursuant to application dated MARCH 25, 2009 and approved by the Building Inspector to expire on DECEMBER 10, 2010. Fee $ 671.50 Authorized-Signature ORIGINAL Rev. 5/8/02 PROFESSIONAL ENGINEER 1725 HOBART ROAD / PO Box 616 SOUTHOLD, NEW YORK 11971 TEL: 631.765.2954 · FAX: 631.614.3516 ° e-maih joseph~fischetti.com Southold Building Dept PO Box 1179 Southold, NY 11971 Date: Reference: April 23, 2009 Battaglia / 2000 Hobart Road Dear Sir, This letter is a clarification to my 3/25/2009 letter regarding asbestos at 2000 Hobart Road. It has come to my attention that the roof tiles may be made of cement/asbestos. This material in itself is not considered a hazardous material and may be disposed of as construction waste. If not handled properly during demolition and removal the asbestos contained in the material may be released into the air. Testing of the shingles should be done to confirm if asbestos is contained within the shingles. If not then, it is recommended that the removal and disposal of the roof shingles be completed to limit damage to the shingle to eliminate the possible airborne release of the asbestos contained within the shingles. BLDG. DEPT. TOWN OF SOUTHO[D BOARD CERTIFIED STRUCTURAL ENGINEER PROFESSIONAL ENGINEER 1725 HOBART ROAD / PO Box 616 SOUTHOLD, NEW YORK 11971 TEL:631.765.2954, FAX:631.614.3516 · e-mail:joseph@fischetti.com Southold Building Dept PO Box 1179 Southold, NY 11971 Date: Reference: March 25, 2009 Battaglia / 2000 Hobart Road Dear Sir, I have inspected the structure at 2000 Hobart Road and to the best of my knowledge I did not find friable asbestos in the structure. There were no wrappings on the heating pipes in the basement, or on the boiler. There were no areas/materials in question that required testing to confirm the presents of friable asbestos. TOW~ 6F SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown.NorthFork. net Examined Approved Disapproved a/c Expiration ~t~O ,20 ep~7 BL ~G. DEPf. PERMIT NO. BUILDING PERMIT APPLICATION CHECKLIST Do you have or need the following, before applying? Board of Health 4 sets of Building Plans Planning Board approval Survey Check Septic Form N.Y.S.D.E.C. Trustees Flood Permit Storm-Water Assessment Form Contact: Mail to: ,ICATION FOR BUILDING PERMLT_ Date INSTRUCTIONS ~tely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The aaPutPhlio;iazr~;ignr:;;~tOo~sO omnPlpYreWjtihse;llana~l~lniCbaubill~Ina~V~rO;d~c;sal}Ca~, ibnt~edictnigonCsO, de, hom~egulations, and to admit · ~llgnature of applicant or nam2, ifa corporation) ~ ~.~'~"~r',~lr r~ .~ o ~ ~r~ _ (Mailing a~ddress of applicant) -.,, / ..7(.z.7~cZ.~ o--~..r.¢.., I~ ! /~7 //7/' State whether applicant is owneq;)~.ee~/~,/~, arc[J~}t, en~in~:~r~enera contractor, electr e an, p umber or bu lder ~$5-1802 8AM T~F ''~ 3qTVENT AT 4 ?,,~ FOR THE Name of owner of premises FOLLOW'.,%3 !HSPZ. CT!,:3~,t$: 1. FO' !~'DATION - T ,~(A~t~.~x roll or latest deed) If applicant is a corporation, signatFi3;.Ol~Ol:l[}E{}u~t_ ~Lfl'ficer (Name and title of corpofltt~h'q~EglJDN Builders License No. : Plumbers License No. ALL ~,C, Electricians License No. H~OU~H~Nt5 r' Other Trade's License No. 't'~,,~ ?~ i~.. l.,,~ .... >2'._[ FO~-. .OESiGN OR CONSiRUOTiON EfiRORS. I. Location &land on which proposed work will be ~ne:__ House Number Street County Tax MapNo. I000 Section ~ Block Subdivision Hamlet ~'~ Lot Filed Map No. Lot State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy b. Intended use and occupancy Nature of work (check which applicable): New Building Repair Removal Demolition Estimated Cost Fee If dwelling, number of dwelling units If garage, number of cars Addition Alteration Other Work (Description) (To be paid on filing this application) Number of dwelling units on each floor 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if any: Front Height Number of Stories Rear .Depth Dimensions of same structure with alterations or additions: Front Depth Height Number of Stories Rear Dimensions of entire new construction: Front Height Number of Stories Rear Size of lot: Front Rear Depth .Depth 10. Date of Purchase Name of Former Owner 11. Zone or use district in which premises are situated 12. Does proposed construction violate any zoning law, ordinance or regulation? YES NO 13. Will lot be re-graded? YES NO .Will excess fill be removed from premises? YES NO 14. Names of Owner of premises Name of Architect Name of Contractor Address Phone No. Address Phone No Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES NO * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES NO * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. 18. Are there any covenants and restrictions with respect to this property? * YES · IF YES, PROVIDE A COPY. NO STATE OF NEW YORK) COUNTY OF~: ~ ~'f//~'~ 7J''~-~ being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, (S)He is the ~nt, Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this ~-7-ht day of /'~/~-f~Ci4 20 (~)? MARGARET C. RUTKOWSKI Notary Public, State of New York No. 4982528 Qualified in Suffolk County (:~ Commission Expires June 3, ~ / -/ Signature of Applicant SUFFOLK COUNTY WATER AUTHORITY 2045 Route 112, Suite 5, Coram. New York 11727-3085 Joseph Battaglia 28 Wilton Road Cold Spring Harbor, N.Y. 11724 March 11, 2009 RE: 1720 Hobart Rd. Southold, N.Y. To Whom It May Concern: On March 10, 2009, our representative confirmed that the water service was discontinued at the above referenced location. Before demolishing the structure or any excavation begins the existing lateral service must be physically severed. The physical disconnection should be approximately five feet toward the house or building from the meter vault if the meter is outside, or at the property line if the meter is inside. If the lateral service will not be retired you must proceed with caution while working around SCWA apparatus such as our meter vault and curb stop. Damage to Authority equipment that requires repair, will be charged to the owner or perspective owners account. No water service will be reactivated until aH SCWA repair costs are reimbursed. Very truly yours, SUFFOLK COUNTY WATER AU~ Michelle Thomas Customer Service Supervisor 2006 National Source Water Protection Award Winner EI PA 117 Do,.."tol's Psth Lm~l lalam~ I'm,~' ~lb' Riverhead, NY '11901 February 6, 2009 Mr. Joseph Battaglia 28 wilton Road Cold Spring Harbor, NY 11724 RE: 1720 Hobart Road, Southold LIPA Ref ~ T100978439 ElecUric Meter ~099728285 Gas Ref % T1009784~0 Dear Mr. Battaglia: This letter is to.advise you that the electric service to the above referenced premises was removed January 29, 2009 and the gas service was removed on January 31, 2009. If you have any questions, please contact Fred Perez at (631) 548-7037. Very truly yours, Lead Design supervisor Electric Distribution Department SA/am James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 January 21,2009 BOARD OF TOWN TRUSTEES TOWN OFSOUTHOLD Ms. Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 RE: JOSEPH & HEIDI BATTAGLIA 2000 HOBART ROAD, SOUTHOLD SCTM# 64-3-3 Dear Ms. Moore: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, January 21, 2009 regarding the above matter: WHEREAS, Patricia C. Moore, Esq. on behalf of JOSEPH & HEIDI BATTAGLIA 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 December 15, 2008, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council and to the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, the LWRP Coordinator recommended that the proposed application be found Inconsistent with the LWRP, and, WHEREAS, the Board of Trustees has furthered Policy 6.3 & 4.1 of the Local Waterfront Revitalization Program to the greatest extent possible through the imposition of the following Best Management Practice requirements: a line of staked hay bales with silt fencing is installed along the 10' contour line surrounding the project prior to construction, the installation of gutters, leaders and drywells to contain roof runoff and in accordance with Chapter 236 of the Town Code-Storm Water Runoff, a 30 foot Non- Disturbance Buffer is to be maintained landward of the high tide water line once the debris and dead trees/branches have been removed, any trees approved to be removed are to be cut at the base and the stumps to remain, the removal of the abandoned floating docks, and 2 WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on January 21, 2009, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standards set forth in Chapter 275 of the Southold Town Code, WHEREAS, the Board 'has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that for the mitigating factors and based upon the Best Management Practice requirement imposed above, the Board of Trustees deems the action to be Consistent with the Local Waterfront Revitalization Program pursuant'to Chapter 268-5 of the Southold Town Code, and, RESOLVED, that the Board of Trustees approve the application of JOSEPH & HEIDI BATTAGLIA to demolish the existing dwelling, barn and chicken coop and construct a new dwelling and sanitary system; cut and remove the trees and branches that have fallen onto beach front; remove debds, dead branches, and driftwooo remove trees on southeast side of property, which all roots have been exposed, with the conditions that a line of staked hay bales with silt fencing is installed along the 10' contour line surrounding the project prior to construction, the installation of gutters, leaders and drywells to contain roof runoff and in accordance with Chapter 236 of the Town Code- Storm Water Runoff, a 30 foot' Non-Disturbance Buffer is to be maintained landward of the high tide water line once the debris and dead trees/branches have been removed. any trees approved to be removed are to be cut at the base and the stumps to remain, the removal ofthe abandoned floating docks, and as depicted on the vegetation plan prepared by Joseph Battaglia, received on February 11, 2009 and as depicted on the survey prepared by Nathan Taft Corwin III, last dated February 9, 2009 and received on February 18, 2009. 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 s~x months of the date of this notification. Inspections are required at a fee of $50.00 per inspection. (See attached schedule. Fees: $100.00 Very truly yours, President, BOard of Trustees JFK/eac BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 7028 DATE: JANUARY 21~ 2009 ISSUED TO: JOSEPH &:HEIDi BATTAGLIA PROPERTY ADDRESS: 2000 HOBART ROAD~ SOUTHOLD SCTM# 64-3-3 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 Januarf 21, 2009, and in conside~'ation of application fee in the sum of $250.00 paid by Joseph & Heidi Battaglia and subject tothe Terms &nd Conditions as sta!~d in the Reso ution, th~ Southold Town Board of Trustees authorizes and permits the following: Wetland Permit to demolish the existing dwelling, barn and chicken coop and construct a new dwelling and sanitary ~ystem; cut and remove the trees and branches that have fallen onto beach front; remove debris, dead branches, and driftwood, remove trees on southeast side of property, which all roots have been exposed, with the conditions that a llne of staked hay bales with silt fencing is installed along the 10' contour line ~urrounding the project prior to construction, the installation of gutters, leaders and drywells to contain roof runoff and in accordance with Chapter 236 of the Town Code-Storm Water Runoff, a 30 foot Non-Disturbance Buffer is to be maintained landward of the high tide water line once the debris and dead trees/branches have been removed, any trees approved to be removed are to be cut at the base and the stumps to remain, the removal of the ab~..ndoned floating docks, and as depicted on the vegetation plan prepared by Joseph Battaglia, received 0il February 11, 2009 and as depicted on the survey prepared by Nathan Taft Corwin III, laser dated February 9, 2009 and received on February 18, 2009. IN WITNESS WHEREOF, the said Board of Trustees hereby causes its Corporate Seal to be affixed, and these presents tO be subscribed by a majority of the said Board as of this date. : Peggy Dicke~ NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION DEC I~ERMIT NUMBER 1-4738-03884/00001 FACILITY/PROGRAM NUMBER(S) PERMIT Under the Environmental Conservation Law EFFECTIVE DATE 2/27/2009 EXPIRATION DATE(S) 2/26/2014 TYPE OF PERMIT · New [] Renewal [] Modification [] Permit to 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, ~tle 27: Wild, Scenic and Recreational Rivers [] Article 17, Titles 7, 8: SPDES [] Article 19: Air Pollution Control [] Article 23, Title 27: Mined Land Reclamation [3 Article 24: Freshwater Wetlands · Article 25: Tidal Wetlands [] Article 27, Title 9; 6NYCRR 373: Hazardous Waste Management [] Article 34: Coastal Erosion Management [3 Article 36: Floodplain Management [] Articles 1, 3, 17, 19, 27, 37; 6NYCRR 380: Radiation Control [] 6NYCRR 608: Water Quality Certifica- tion [] Article 27, Title 7; 6NYCRR 360: Solid Waste Management PERMIT ISSUED TO Joseph Battaglia TELEPHONE NUMBER (516)875-8974 ADDRESS OF PERMITTEE 28 Wilton Road, Cold Spring Harbor, NY 11724-2423 CONTACT PERSON FOR PERMI'FrED WORK Patdcia C. Moore, 51020 Main Road, Southold, NY 11971 ITELEPHONE NUMBER (631)765-4330 NAME AND ADDRESS OF PROJECT/FACILITY Battaglia Property, 2000 Hobart Road, Southold, NY 11971 SCTM# 1000-64-3-3 COUNTY ] TOWN I WATERCOURSE I NYTM COORDINATES Suffolk Southold Town Creek E: 716.9 N: 4548.9 DESCRIPTION OF AUTHORIZED ACTIVITY: Subdivision of the existing property lot. All work shall be done in accordance with the attached plans prepared by Nathan Taft Corwin III, last revised on 2/9/2009 and stamped NYSDEC approved 2/27/2009. * The property landward of the 10' elevation contour line is beyond Tidal Wetlands Act(Article 25) jurisdiction. 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 and any Special Oonditions included as part of this )ermit. DEPUTY PERMIT ADMINISTRATOR: Susan V. Ackerma~n (GRZ) AUTHOriZED S NATURE IADDRESS Region 1 Headquarters SUNY ~ Stony Brook, 50 Circle Road, Stony Brook, IDATE 2127/2009 NY 11790 -3409 Page I of 4 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION SPECIAL CONDITIONS 1. Tidal Wetland Covenant The permit holder shall incorporate the attached Covenant (or similar Department-approved 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 in 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 and prior to commence- ment of any regulated activity at the site to Region 1 Office of Marine Habitat Protection SUNY @ Stony Brook, 50 Circle Road Stony Brook, New York 11790-3409 Attn: Compliance * The portion of the property landward of the 10' elevation contour line, as shown on the survey prepared by Nathan Taft Corwin III, last revised 2/9/2009 is beyond Tidal Wetlands Act (Article 25)jurisdiction. Please be advised, however, that 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 necessary precautions are taken to prevent any sedimentation or other alteration or disturbance to the ground surface or vegetation within Tidal Wetlands jurisdiction which may result from your project. Such precautions may include maintaining adequate work area between the tidal wetland boundary and your project (i.e. a 15' to 20' wide construction area) or erecting a temporary fence, barrier, or hay bale berm. Please be further advised that this jurisdictional determination does not relieve you of the responsibility of obtaining any necessary permits or approvals from other agencies. DEC PERMIT NUMBER Page 2 of 4 1-4738-03884/00001 NEW 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 indemnify and hold harmless the Department ol Environmental Conservation of the State of New York, its raprasentatives, employees, and agents ("DEC") for all claims, suits, actions, and damages, to the extent attributable to the permittee's acts or omissions in connection with, or operation and maintenance of, the facility or facilities authorized by the permit 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 dghts 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 prescribed for the permittee. Item C: Permlttee Responsible for Obtaining Other Required Permits The permittee is responsible for obtaining any other permits, approvals, lands, easements and rights-of-way that may be required to carry out the activities that are authorized by this permit. Item D: No Right to Trespass or Interfere with Riparian Rights This permit does not convey to the permittee any dght to trespass upon the lands or interfere with the dpadan dghts of others in order to perform the permitted work nor does it auth0dze the impairment of any dghts, title, or interest in real or personal property held or vested in a person not a party to the permit. GENERAL CONDITIONS General Condition 1: Facility Inspection by the Department The permitted site or facility, including relevant records, is subject to inspection at reasonable hours and intervals by an authorized raprasentative of the Department of Environmental Conservation (the Department) to deteitnine 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 rsprssentative dudng an inspection to the permit area when requested by the Department. A copy of this permit, including all raferanced 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 representative is a violation of this permit. General Condition 2: Relationship of this Permit to Other Department Orders and Determinations Unless expressly provided for by the Department, issuance of this permit does not 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 before expiration of permits for State Pollutant Discharge Elimination System (SPDES), Hazardous Waste Management Facilities (HWMF), major Air Pollution Control (APC) and Solid Waste Management Facilities (SWMF); b) 30 days before expiration of all other permit types. Submission of applications for permit renewal or modification are to be submitted to: Regional Permit Administrator, SUNY @ Stony Brook, 50 Circle Road, Stony Brook, NY 11790 - 3409 General Condition 4: Permit Modifications, Suspensions and Revocations by the Department The Department reserves the right to modify, suspend or revoke this permit in accordance with 6 NYCRR Part 621. The grounds for modification, suspension or revocation include: a) materially false or inaccurate statements in the permit application or supporting papers; b) failure by the permittee to comply with any terms or conditions of the permit; c) exceeding the scope of the project as described in the permit application; d) newly discovered material information or a material change in environmental conditions, relevant tachnology 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 1-4738-03884/00001 IPage 3 of 4 NEW YORK STATE DEPARTMENT OF ENV)RONMENTAL CONSERVATION ADDITIONAL GENERAL CONDITIONS FOR ARTICLES 15 (TITLE 5), 24, 26, 34 AND 6NYCRR PART 608 (TIDAL 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 watercourse hereby authorized shall not be completed, the owners, shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and 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 anysuch removal or alteration. 2. 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 necessaryprecautions shall be taken to preclude contamination of anywetland or waterway bysuspended 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 or along the bed of a waterway or floodplain, deposits within any regulatory floodway, or deep holes that may have a tendency to cause damage to navigable channels or to the banks of a waterway. 5. 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 podion 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. 8. At least 48 hours prior to commencement of the project, the permittee and contractor shall sign and return the top portion of the enclosed notification form certifying that they are fully aware of and understand all terms and conditions of this permit. Within 30 days of completion of project, the bottom portion of the form must also be signed and returned, along with photographs of the completed work and, if required, a survey. 9. 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 plans were prepared by Nathan Taft Corwin III, last revised on 2/9/2009 and stamped NYSDEC approved on 2/27/2009. DEC PERMIT NUMBER I IPage 4 °f4 1-4738-03884/00001 PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE D. SOLOMON JOSEPH L. TOWNSEND MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY April 28, 2009 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Telephone: 631 765-1938 Fax: 631 765-3136 ~L~I APR 2 9 2009 BLDG. DEPI. TOWN 0¢ SOIJTHOLO Re: Proposed Standard Subdivision for Battaglia Located on the west side of Hobart Road, approximately 1,059 feet north from Terry Lane, Southold SCTM# 1000-64-3-3 Zoning District: R-40 Dear Ms. Moore: The Southold Town Planning Board, at a meeting held on Monday, April 27, 2009, adopted the following resolution: WHEREAS, this is a standard subdivision to subdivide 95,846 sq. ft. into two lots where Lot One is 41,280 sq. ft. and Lot Two is 54,074 sq. ft. in the R-40 Zoning District; and WHEREAS, the applicant has submitted a request to the Southold Town Planning Board, dated March 31, 2009, for permission to obtain a permit to demolish his existing house and a building permit to construct one single-family dwelling on Lot 1 of the subdivision prior to Final Approval being granted for this proposed subdivision; and WHEREAS, subsequently, at a Work Session on April 13, 2009, the applicant requested a demolition permit for an existing barn on site for the purposes of re-location of the structure off-site; and WHEREAS, at the April 13, 2009 Work Session, the Planning Board agreed to the re- location of the barn off-site only; and WHEREAS, pursuant to Southold Town Code § 240-6(C) General Application Procedure: , No construction, improvement, grading or clearing of land or other disturbance of existing conditions shall be commenced or undertaken on land for which an application has been filed pursuant to this chapter until final approval of the application has been granted, except as expressly provided herein"; and Batta.qlia Pa.qe Two April 28, 2009 .WHEREAS, pursuant to Southold Town Code §240-56 Waivers of Certain Provisions: "The Planning Board shall have the authority to modify or waive, subject to appropriate conditions, any prows~on of these subdivision regulations, if in its judgment they are not requisite in the interest of the public health, safety and general welfare, except where such authority would be contrary to other ordinances or state law"; and WHEREAS, the Southold Town Planning Board finds that the following reasons support a dec~sion to waive the restriction on disturbance of existing conditions in Town Code §250~6(C) for the demolition of the existing barn prior to the subdivision receiving Final Approval: 1 The applicant has submitted an application for Sketch Plan approval for a two lot standard subdivision where there are existing structu res and the Board has agreed that the re-location of an exiting barn off-site will not affect the outcome of the overall subdivision; and 2. The barn itself is a simple structure and removal of the barn from the site will likely be an easy and inexpensive process; therefore be it RESOLVED, that the Southold Town Planning Board hereby agrees to waive the restriction on disturbance of existing conditions prior to Final Approval of the subdivision, as outlined in §250-6(C), to allow for the removal of the existing barn from the subject parcel at this time. This resolution is subject to the following conditions: 1. The applicant must obtain the appropriate demolition permit from the Building Department; and 2. The applicant is not authorized by this resolution to disturb any other existing conditions on the subject parcel prior to Final Approval of the subdivision by the Planning Board. If you have any questions regarding the above, please contact this office. Very truly yours, Martin H. Sidor Chairman CC; Building Department Town Engineer 06/10/2009 10:13 FAX 631 765 4643 MOORE LAW OFFICES ~ Bulldlng Dept ~002 PI~,NNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMEHS KENNETH L. EDWARDS GEORGE D. SOLOMON JOSEPH L. TOWNSEND June 9,2009 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P,O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 S~ate Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 7e5-3136 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Waiver: Proposed Standard Subdivision for Battaglia Located on the west side of Hobart Road, approximately 1,059 feet north from Terry Lane, Southold SCTM#1000-64-3-3 Zoning District: R-40 Dear Ms. Moore: The Southold Town Planning Board, at a meeting held on Monday, June 8, 2009, adopted the following resolution: WHEREAS, this proposal is for a standard subdivision to subdivide 95,846 sq. ft. into two lots where Lot One is 41,280 sq. ft. and Lot Two is 54,074 sq. ft. in the R-40 Zoning District; and WHEREAS, an application for Sketch Approval was submitted on November 3, 2008; and WHEREAS, on January 21, 2009, the Board of Trustees approved a permit under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance of the Town of Southold; and WHEREAS, on February 23, 2009, the Southold Town Planning Board acting under the State Environmental Quality Review Act pursuant to 6 NYCRR Part 617, Section 617.7, established itself as lead agency for the Unlisted Action; and WHEREAS, the applicant has submitted a request to the Southold Town Planning Board, dated March 31, 2009, for permission to obtain a permit to demolish his existing house and a building permit to construct one single-family dwelling on Lot 2 of the subdivision prior to Final Approval being granted for this proposed subdivision; and WHEREAS, subsequently, at a Work Session on April 13, 2009, the applicant requested a demolition permit for an existing barn on Lot 2 for the purposes of re-location of the structure off site; and VVHEREAS, pursuant to Southold Town Code §240-6(C) General Application Procedure: "No construction, improvement, grading or cleating of land or other disturbance of existing conditions shall be commenced or undertaken on land for which an application 06/10/2009 10:13 FAX 631 765 4643 MOORE LAW OFFICES 4 Bulldlng Dept ~003 Batta¢31ia pa,qe Two June 9. 2009 has been filed pursuant to this chapter until final approval of the application has been .... nd granted, except as expressly prowded here~n ; a WHEREAS, pursuant to Southold Town Code §240-56 Waivers of Certain Provisions: "The Planning Board shall have the authority to modify or waive, subject to approprfate conditions, any provision of these subdivision regulations, if in its judgment they are not requisite in the interest of the public health, safety and general welfare, except where such authority would be contrary to other ord~hances or state/aw"; and WHEREAS, the Southold Town Planning Board agreed to waive the restriction on disturbance of existing conditions pdor to Final Approval of the subdivision, as outlined in §240-6(C), to allow for the removal of the existing barn from Lot 1 in a resolution dated April 27, 2009; and WHEREAS, the Southold Town Planning Board finds that the following reasons support a decision to waive the restriction on grading and construction in Town Code §250-6(C) for Lot 2 prior to the subdivision receiving Final Approval: 1. The applicant has submitted an application for Sketch Plan Approval for a two lot standard subdivision where the p[oposed lots are conforming with the zoning district. 2. The Board has agreed that the demolition of an existing residence and a building permit to construct a single-family dwelling on Lot 2 will not affect the outcome of the overall subdivision; and 3. The location of the lots is not likely to change from the initial sketch plan submitted a. There is no clustering requirement in the Town Code for lots less than 7 acres, and b. The Planning Board is not requiring that the lots be clustered on this parcel, and c. The lots have access to the existing road, therefore, no new road will be created. 4. The building envelopes of the proposed lots will be able to meet ell required setbacks, including setbacks to wetlands; and 5. The proposed Lot 2 is already improved with a single-family residence - demolition of this house and construction of a new one instead on the same lot will not change the existing conditions of the site in a way that would affect the outcome of the subdivision; therefore, be it RESOLVED, that the Southold Town Planning Board hereby agrees to waive the restriction on disturbance of existing conditions for proposed Lot 2 as shown on the map of the proposed standard subdivision for Battaglia entitled "Standard Subdivision of Joseph & Heidi Battaglia", prepared by Nathan Taft Corwin Itl, dated May 28, 2008 & last revised April 18, 2009, stamped received by the Planning on MaY 15, 2009, prior to that map receiving Final Approval by the Planning Board, to allow for the remOval of the existing dwelling, and allow the applicant to begin construction of a single4amily dwelling on proposed Lot 2 only. This resolution is subject to the following conditions: 1. The applicant must obtain the appropriate demolition and building permit from the Building Department; and 2. By the granting of this resolution, the applicant loses any non-conformities that may exist on site; and 3. The applicant shall identify significant trees on the plan and indicate how they will be protected during demolition and construction on site. 06/10/2009 10:13 FAX 631 765 4645 MOORE LAW OFFICES ~ Bulldlng Dep~ ~004 Battaolia Page Three June 9, 2009 4. The applicant shall obtain and adhere to all applicable permils a~d their conditions, including the Board of Trustees and the NYS DEC; and ' 5. The applicant agrees that any work performed on site does not guarantee Final Approval and cannot be utilized in an argument of vested rights; and 6. The waiver of the restriction on disturbance of existing conditions extends only to the area of proposed Lot 2 that is necessary' to accomplish the demolition of the exi~ng house, and construction ora new single-family dwelling, No clearing of vegetation beyond that area necessary for those actions is allowed; and 7. No clearing of trees, shrubs or other vegetation on either lot beyond that necessary. to accomplish the demolition of the existing single-family dwelling is authorized by this resolution. The cteadng necessary must not be greater than (but ideally will be less than) the clearing restrictions for lots as sat forth in Sec 240-49, meaning no more than 50% of the lot may be cleared of trees, shrubs and other vegetation. Any other buffers or clearing restrictions that may be in the DEC and Town Trustees permits must be mat as well; and 8. The newly constructed house must conform with all Town Cedes and setbacks, including setbacks to wetlands,~and setbacks to the lot lines of the proposed Lot 2 of the subdivision; and 9. The applicant is not authorized by this resolution to disturb any other existing conditions on the subject parcel prior to Final Approval of the subdivision by the Planning Board.' If you have any questions regarding the above, please contact this office. Very truly yours, Martin H. Sidor Chairman cc:Building Department By signing this letter, the applicant acknowledges that there are conditions that must be satisfied: Applicant · OWNER ~)OnRN[~R OWaER ,~ ) TOWN OF SOUTHOLD PROPERTY VILLAGE W IMP. VL TOTAL ot~ ~ao : COMM- CB. MISC. REMARKS RECORD CARD DISTt SUB. ACR. J Z,'~q7 i TYPE OF BUILDING Mkt. Value LOT JFARM DATE 1 AGE Ne// FARM iTilleble 2 illable 3 ~Voodland Swampland Brushland House Plot Total NORMAL Acre BUILDING coNDITION BELOW ABOVE Value Per Acre Value tFRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD DOCK COLOR TRiM Extension · Porch Porch =P~ Garage I~tio _ Total lbS' ~ Dinette nterio~ Finish ~ He~t ' ~ . ~ ~~ looms ~st Floor ~ looms 2nd ~1oo FiN- n Walls :ire Ploce Type Roof )ormer Drivewo¥