HomeMy WebLinkAboutTR-7143Jill M. Doherty, President
James F. King, Vice-President
Dave Bergen
Bob Ghosio, Jr.
John Bredemeyer
Town H~lAnnex
54375M~nRoad
P.O. Box 1179
Southold, NewYork 11971-0959
Telephone (631) 765-1892
Fax (631) 765-6641
BOARD OFTOWNTRUSTEES
TOWN OFSOUTHOLD
May 21,2010
Charles R. Cuddy
Attorney at Law
445 Griffing Ave.
Riverhead, NY 11901
RE:
ARTHUR R. TORELL
365 WESTVVOOD LANE, GREENPORT
SCTM#33-2-11
Dear Mr. Cuddy:
The following action was taken by the Southold Town Board of Trustees at their Regular
Meeting held on Wed., May 21,2010:
RESOLVED, that the Southold Town Board of Trustees APPROVES the Amendment to
Permit #7143 to increase the size of the second-floor of the proposed dwelling by an
additional 2 ft., as depicted on the survey prepared by John T. Metzger last dated
October 14, 2009 and stamped approved on May 21, 2010.
This is not a determination from any other agency.
Sincerely,
JMD:lms
Mailing Address:
PO Box 1547
Riverhead, NY 11901
CHARLES R. CUDDY
Attorney at Law
445 Griffing Avenue
Riverhead, NY 11901
April 13, 2010
Tel: (631) 369-8200
Fax: (631) 369-9080
e-mail: charles.cudd¥~verizon.net
Board of Town Trustees
Southold Town
P.O. Box 1179
South old, NY 11971
Attn: Lauren Standish, Secretarial Assistant
Re: Arthur R. Torell-365 Westwood Lane, Greenport, NY
SCTM#1000-33-2-11
Dear Ms. Standish:
The Board approved the application of Arthur Torell on July 22, 2009, a copy of the Board's
approval is enclosed. In order to accommodate the need of his family, Mr. Torell has bumped-out
the second floor of his proposed house additional 2 ft. The first floor remains a distance of 35 ft.
from the wetlands. However, the second floor is now 33 ft. from the wetlands.
Is it necessary to modify the Board's decision so the second floor area may be increased as above
indicated?
Enclosed is a survey showing the proposed changes to the second story.
CRC:ik
Enclosure
Very truly yours,
Charles R. Cuddy
I mn iami#nr wllh Ibe STANDARDS FOR APPROVAL
AND CONSTRUCTION OF SUBSURFACE SEF/AGE
DISPOSAL SYSTEI~S FOR siNgLE ?AIdL.)? RESIDENCES
and w~l abide by Ibe condglon$ ~t I~r~b. t~rek ~d o~ tile
permil Io conslrucL
NYSDEC # 1-4738-00755/00003
SCDHS ReL # R10-04-0009
SOUTHOLD TRUSTEES WETLANDS
PERMIT # ?143 APPROVED
7-22-09
gTE
T~t. Boring
~ark..~rown.
loom OL
KEY MAP
Fin. Fir.
PROPO~E~, SEPTIC SYSTEM E L.t~.$ $'~ ~ 6.5' DEEP
WITH ~ SAND COLLAR (SW~' ' IOOO_~.oI'..,SE, P,~ToI~Er~NK
BOTTOM OF LEACHING P~LS T~ ~t,~ ,~ C~
~ROUN~ ~ TER ~ ~.~' ~
APPROVED BY
BOARD OF TRUSTEES
TOWN OF SOUTHOLD
DATE d'/~2~ [t0 .
Pt'.
~rown
Cley CL
6ravel
P~Ie Bi'own ~ ~' -~
Flee Jo Co.se '~ ~ '~
~ - THE EDGE OF
THE NYS FRESflWA TEA WETLAND
OEL~VE~ rEO r~L~O} e~. e. MAR$~
ANO G. KOZLOWSKI ON 1/13/04.
Weter In Pale
.Brown Flee to
Coarse Sand
SW
by McOonmld Geoscle~ce
. The IocalJons of we~ '~d cesspools
s~own ~ereon ore from 8dd o~ervdlons
one or from gdo o~l~eg from others.
NO TE'
L 0 T NuMBERs REFER TO "MAP OF
EASTERN SHORES r SECTION 2'
F/I. ED IN THE SUFFOLK COUNTY
CLERK'S OFFICE AS MAP NO. 44~6 '
0 WNER '
ARTHUR TORELL
377 THOMAS PLACE
WYCKOFF, N.J. 0748i'
TQTAL ARE~ = 25~E10 sq, fl.
AR_gA W_ETLAN_DS_ =e030 si.
AREA PROPOSED DWELLING
'1910~ ' s,L
1910/IBIBO ,10.5% COVERAGE
1910 ~, I' ~'-.I'X ~, 325 cu ft.
325 t~8.$ '.11.5 VF
'PRO. VID~ 2. DR,~ WELLS E'¢ x 8' deep
FOR RoOF RUNOFF
OCT. 4, ~00§ (easemenfl
MAY I0~ 2006 (ADDITIONS)
ZON~G DISTRIC~ R40 ;~o, ~, ~7(revx~
J~. E4, E008 (tevld~n~)
ocT. m, zoos m~
"' LA ~ H~ C~R
CONTOURS L~ES ARE REFER~CED TO THE
FIVE EAST~N TOWNS TOPOGRAPHIC MAPS (N.G. V.D.)
SURVEY of PROPERTY
A T GREENPORT
TOWN OF SOUTHOLD
SUFFOLK. COUNTY. N. Y
1ooo - ee - 02 -,
SCALE: 1"= 40'
MA Y 7, 1998
NOV. I0~ 1998 ( oddlllon )
APRIL. 30~ 2003 ( revision )
AUG. 20, 2005 (rev/don prop. hse.
Ocl~ f.7~. 2003 (8. O.H.( , I
.Ocl. 27, 2003 (HA YBALES~£~'>?
PEB. 13, 2004 (WETLAND FLAG75~J
Feb. 24,~004 (gro~ ~ x I
(revislon~
~ov ~6, ~004 ~CONIC SUR~YO~
(fev/slon~ (631) 765 - 5020
N~v. I0, Z004 P. 0. BOX 909
(revisions) 1230 . TRAVELER
~v. /~ ~ SOUTHOLD, N.Y.
97- ~47
James F. King, President
Jill M. Doherty, Vice-President
Peggy A. Dickerson
Dave Bergen
Bob Ghosio, Jr.
Town Hall
53095 Route 25
P.O. Box 1179
Southold, New York 11971-0959
Telephone (631) 765-1892
Fax (631.) 765-6641
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES
72 HOURS PRIOR TO COMMENCEMENT OF THE WORK, TO MAKE AN
APPOINTMENT FOR A PRE-CONSTRUCTION INSPECTION. FAILURE TO DO SO
SHALL BE CONSIDERED A VIOLATION AND POSSIBLE REVOCATION OF THE
PERMIT.
INSPECTION SCHEDULE
v/ Pre-construction, hay bale line
1st day of construction
~ constructed
v/ Project complete, compliance inspection.
BOARD OF SOUTHOLD TOWN TRUSTEES
SOUTHOLD, NEW YORK
PERMIT NO. 7143 DATE: JULY 22~ 2009
ISSUED TO: ARTHUR TORELL
PROPERTY ADDRESS: 365 WESTWOOD LANE~ GREENPORT
SCTM#33-2-11
AUTHORIZATION
Pursuant to the provisions of Chapter 275 and/or Chapter 111 of the Town Code of the Town of
Southold and in accordance with the Resolution of the Board of Trustees adopted at the meeting held on
July 22, 2009 in consideration of application fee in the sum of $250.00 paid by Arthur Torell and subject to the
Terms and Conditions as stated in the Resolution, the Southold ?own Board of Trustees authorizes and permits
following:
Wetland Permit to construct a single-family dwelling, garage, sanitary system,
pervious driveway, with the condition gutters and drywells are installed in accordance
with Chapter 236-Stormwater Management of the Town Code, a line of staked ha
is installed prior to any construction activities, and a 25' non-disturbance buffer
landward of the wetland boundary, and as depicted on the survey prepared by John T.
Metzger last dated April 30, 2008.
IN WITNESS WHEREOF, the said Board of Trustees hereby causes its Corporate Seal to be affixed,
and these presents to be subscribed by a majority of the said Board as of this date.
TERMS AND CONDITIONS
The Permittee, Arthur Torell, residing at 377 Thomas Place, Wycoff, NY 07481, as part of the
consideration for the issuance of thc Permit does understand and prescribe to the following:
That the said Board of Trustees and the Town of Southold are released from any and all
damages, or claims for damages, of suits arising directly or indirectly as a result of any
operation performed pursuant to this permit, and the said Permittee will, at his or her own
expense, defend any and all such suits initiated by third parties, and the said Permittee
assumes full liability with respect thereto, to the complete exclusion of the Board of
Trustees of the Town of Southold.
That this Permit is valid for a period of 24 months, which is considered to be the estimated
time required to complete the work involved, but should circumstances warrant, request for
an extension may be made to the Board at a later date.
That this Permit should be retained indefinitely, or as long as the said Permittee wishes to
maintain the structure or project involved, to provide evidence to anyone concerned that
authorization was originally obtained.
That the work involved will be subject to the inspection and approval of the Board or its
agents, and non-compliance with the provisions of the originating application may be cause
for revocation of this Permit by resolution of the said Board.
That there will be no unreasonable interference with navigation as a result of the work
herein authorized.
That there shall be no interference with the right of the public to pass and repass along the
beach between high and low water marks.
That if future operations of the Town of Southold require the removal and/or alterations in
the location of the work herein authorized, or if, in the opinion of the Board of Trustees,
the work shall cause unreasonable obstruction to free navigation, the said Permittce will be
required, upon due notice, to remove or alter this work project herein stated without
expenses to the Town of Southold.
8~
The Permittee is required to provide evidence that a copy of this Trustee permit has been
recorded with the Office of the Clerk of the County of Suffolk as a notice covenant and
deed restriction to the deed of the subject parcel. Such evidence shall be provided within
ninety (90) calendar days of issuance of this permit. :
That the said Board will be notified by the Permittee of the completion of the work
authorized.
10.
That the Pennittce will obtain all other permits and consents that may be required
supplemental to this permit, which may be subject to revoke upon failure to obtain same.
James F. King, President
Jill M. Doherty, Vice-President
Peggy A. Dickerson
Dave Bergen
Bob Ghosio, Jr.
Town Hail Annex
54375 Main Road
P.O. Box 1179
Southold, New York 11971-0959
Telephone (631) 765-1892
Fax (631) 765-6641
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
July 22, 2009
Charles R. Cuddy
Attorney at Law
445 Griffing Ave.
Riverhead, NY 11901
RE:
ARTHUR TORELL
365 WESTWOOD LANE, GREENPORT
SCTM#33-2-10&11
Dear Mr. Cuddy:
The Board of Town Trustees took the following action during its regular meeting held on Wed.,
June 22, 2009 regarding the above matter:
WHEREAS, Charles R. Cuddy, Esq. on behalf of ARTHUR TORELL applied to the Southold
Town Trustees for a permit under the provisions of Chapter 275 of the Southold Town Code, the
Wetland Ordinance, application dated May 6, 2009, 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 Policies 6 and 6.3 of the Local Waterfront
Revitalization Program to the greatest extent practical through the imposition of the following
Best Management Practice raquiraments: gutters and drywells are installed in accordance with
Chapter 236-Stormwater Management of the Town Code, a line of staked hay bales is installed
along the 8' contour line prior to any construction activities, and the requirement of a 25' non-
disturbance buffer landward of the wetland boundary, and,
WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on
July 22, 2009, at which time all interested persons were given an opportunity to be heard, and,
2
2
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, and,
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
requirements 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 approves the application of ARTHUR TORELL to
construct a single-family dwelling, garage, sanitary system, and pervious driveway, with the
condition gutters and drywells are installed in accordance with Chapter 236-Stormwater
Management of the Town Code, a line of staked hay bales is installed prior to any construction
activities, and a 25' non-disturbance buffer landward of the wetland boundary, and as depicted
on the survey prepared by John T. Metzger last dated April 30, 2008.
Permit to construct and complete project will expire two years from the date the permit is signed.
Fees must be paid, if applicable, and permit issued within six months of the date of this
notification.
Inspections are required at a fee of $50.00 per inspection. (See attached schedule.)
Fees: $100.00
Very truly yours,
Jam~ F.~King, Preside~
Board of Trustees
JFK:lms
James F. King, President
Jill M. Doherty, Vice-President
Peggy A. Dickerson
Dave Bergen
Bob Ghosio, Jr.
Town Hall
53095 Route 25
P.O. Box 1179
Southold, New York 11971-0959
Telephone (631) 765-1892
Fax (631) 765-6641
BOARD OF TOWN TRUSTEES
TOTM OF SOUTHOLD
Please be advised that your application dated ~--J (~ JO
been reviewed by this Board at the regular meeting of
and your application has been approved pending the completion of the
following items checked off below.
__ Revised Plans for proposed project
Pre-Construction Hay 'Bale Line Inspection Fee ($50.00)
__ 1st Day of Construction ($50.00)
__ ~ Constructed ($50.00)
Final In,sPection Fee ($5.0.00)
Dock Fees ($3.00 per sq. ft.)
has
Permit fees are now due. Please make check or money order payable to Town
of Southold. The fee is computed below according to the schedule of rates as
set'forth in Chapter 275 of the Southold Town Code.
The following fee must be paid within 90 days or re-application fees will be
necessary. You will receive your permit upon completion of the above.
COMPUTATION OF PERMIT FEES:
TOTAL FEES DUE: $ ,]~, 0-0
BY: James F. King, President
Board of Trustees
Donald Wilder, Chairman
Lauren Standish, Secretary
Town Hall, 53095 Main Rd.
P.O. Box 1179
Southold, NY 11971
Telephone (631) 765-1892
Fax (631) 765-6641
Conservation Advisory Council
Town of Southold
At the meeting of the Southold Town Conservation Advisory Council held Wed., June 17,
2009, the following recommendation was made:
Moved by Jack McGreevy, seconded by James Eckert, it was
RESOLVED to SUPPORT the Wetland Permit application of ARTHUR TORELL to
construct a single-family dwelling, garage, sanitary system, and pervious driveway.
Located: 365 Westwood Lane, Greenport. SCTM#33-2-11
Inspected by: James Eckert, Jack McGreevy
The CAC Supports the application with the Condition gutters and drywells are installed to
contain roof run-off and the installation of a 12' non-disturbance buffer.
Vote of Council: Ayes: All
Motion Carried
James F. King, President
Jill M. Dohetty. Vice-President
Peggy A. Dickerson
Dave Bergen
Bob Ghosio. Jr.
P.O. Box 1179
Southold, NY 11971
Telephone (631 ) 765-1892
Fax (631) 765-6641
Southold Town Board of Trustees
Field Inspection/Worksession Report
Date/Time: ~-' ~-' /~
ARTHUR TORELL requests a Wetland Permit to construct a single-family
dwelling, garage, sanitary system, and pervious driveway. Located: 365
Westwood Lane, Greenport. SCTM#33-2-11
~ff~al~area to be impacted:
ater Wetland Freshwater Wetland Sound Bay
Distance of proposed work to edge of wetland
~Jown Code proposed work falls under:
Chapt.275 Chapt. 111 other
Type of Application: &-~etland __Coastal Erosion
__Administrative__Emergency Pre-Submission __
__Amendment
Violation
info needed:
Modifications:
Conditions:
Present Were~.- ~.mng __ . erty__P.Dickerson __
__ D. Dzenkowski Scott Hilary__other
Form filled out in the field by
DL~Be'rgen ~io
Mailed/Faxed to:
Date:
DEC PERMIT NUMBER
1-4738-00755/00003
FACILITY/PROGRAM NUMBER(S)
STATE DEPARTMENT OF ENVIRONMENTA~
PERMIT
Under the Environmental
Conservation Law
~NSERVATION
EFFECTIVE DATE
November 10, 2005
EXPIRATION DATE(S)
November 9, 2015
TYPE OF PERMIT [] New [] Renewal · Modification [] Permit to Construct [] Permit to Operate
[3 Article 15, Title 5: Protection of Waters [] 6NYCRR 608: Water Quality [] Article 27, Title 7; 6NYCRR 360:
Certification Solid Waste Management
[] Article 15, Titte 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
[] Article 25: Tidal Wetlan~t:i ~ ' 6NYCRR 31 0: Radiation Control
PERMIT ISSUED TO1/ 'r LEP~ )NE NUMBER
Arthur R. Torell L-.~~ --
(201) 891-3043
ADDRESS OF PERMITTEE
377 Thomas Place, Wyckoff~ NJ 07481
CONTACT PERSON FOR PERMITTED WORK TELEPHONE NUMBER
NAME AND ADDRESS OF PROJECT/FACILITY
Torell property, 365 Westwood Lane~ Greenport
COUNTY TOWN WATERCOURSE NYTM COORDINATES
Suffolk Southold FVVVV I.D. S0-9
DESCRIPTION OF AUTHORIZED ACTIVITY:
Construct a single family dwelling, driveway and sanitarg 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.
El Article17, Titles 7, 8; SPDES [] Article27, Title 9; 6NYCRR 373:
Hazardous Waste Management
[] Article 19: Air Pollution Control
[] Article 34: Coastal Erosion
[] Article 23. Title 27: Mined Land Man~ e~m_ent
Reclamation __ ~ r~ il ~l I.:-'/, ,,
,~.~-~. _1~ ~ ~ ~ ~c.e36~ :,oodplain Management
= Ardcle24; Freshwate~e~.~ .....
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/~ GNA~RE
IADDRESS
Region 1 Headquarters
Bldg. #40, SUNY, Stony Brook, NY 11790-2356
I DATE I Page 1 of 4
November 22~ 2005 .
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. Prio~ 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 ara permanently vegetated. Sediments trapped by the bales shall be removed to an
approved upland location before the bales themselves ara 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 ofthe following substances: asphalt, slag, flyash, 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 ~ I PAGE 2 OF 4
1-4738-00755/00003 ~
N~ YORK STATE DEPARTMENT OF ENVIRONM CONEW YORK STATE DEPARTMENT OF ENVIRONM CONSERVATION
ADDITIONAL GENERAL C~~RTICLE$15 (TITLE 5),~1728, 34 AND 6NYCRR PART 608
( FRESHWATER WETLANDS )
If future operations by the State of New York raquira 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 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 orwaterway 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 Consen/ation 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 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 raquirad, 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 SuP/e¥ors on 10/4/05.
DEC PERMIT NUMBER
1-4738-00755/00003
PAGE 3 OF 4,
~~_~~YORK STATE DEPARTMENT OF ENVIRONMENTAL CO RVATION
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
of Environmental Conservation of the State of NewYork, its representatives, employees, and agents ("DEC") for ali olaims,
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 adsing 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: Permlttee'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 right 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 Department
The permitted site or facility, including relevant records, is subject to inspection at reasonable hours and intervals by an
authorized representative 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 SAP^ 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 referenced 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 ~:opy 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 expiretion 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); 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 #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 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 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
1-4738-00755/00003
OF4
95-20-1 (11/03)-9d
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~'~r Wo ?AVACIC
NOTE: This notice is NOT a permit .
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: DECLARATION/DOP
Nua~er 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 A~ove Instrument
Exempt
Exempt
$12.00 NO Nandling $5.00 NO
$5.00 NO NYS SRCNG $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 AND CHARGED AS FOLLOWS
DECLARATION
THIS DECLARATION, dated 26th day of June ,2006 , iS made by Arthur
Torell, Jr,.(hereinatter 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
(hereinafter referred to as the "Property"); and
"This covenant shall serve as noldication that regulated freshwater wetland # SO-9, is located on or near
the properties of Arthur~rorell/~r~d his, her, their heirs, assigns or successors and is therefore
subject to current environmental conservati(m 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 Depm tment of Environmental Conservation
("NYSDEC") 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 ia 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.
"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 fines, 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. ~/~ ~ ~ ~'Z~.
To . .///
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.
' / l;,lot~ry PulJlic-
APPEALS BOARD MEMBEI~
Gerard P, Goehringer, Chairman
Ruth D. Oliva
James Dinizio, Jr.
Michael A. Simon
Leslie Kanes Weisman
http://southoldtown.northfork.net
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 · Fax (631) 765-9064
Mailing Address:
Southold Town Hall
53095 Main Road · P.O. Box 1179
Southold, NY 11971-0959
Office Location:
Town Annex/First Floor, North Fork Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
FINDINGS, DELIBERATIONS, AND DETERMINATION
MEETING OF AUGUST 7, 2008
ZBA # 6182 - ARTHUR R. TORELL, Applicant
PROPERTY LOCATION: 365 Westwood Lane, Greenport CTM 33-2-tl and 33-2-10
SEQRA DETERMINATION: 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 further steps under
SEQRA.
PROPERTY FACTS/DESCRIPTION: The applicant's lands are shown as Lots 68
and 67 on the Map of Eastern Shores, Section 2, filed on August 10, 1965 as Map No.
4426 in the Suffolk County Clerk's Office. The property is adjacent to Homestead
Acres, and has frontage along the westerly side of Westwood Lane of 106 feet for the
northerly lot and 119 feet for the southerly lot (ref. April 30, 2008 survey map
prepared by John T Metzger, licensed land surveyor).
BASIS OF APPLICATION: This apphcation is based on the Building Inspector's
amended May 21, 2008 Notice of Disapproval, citing Zoning Code Sections 280-18
(Bulk Lot Area Schedule) and 280-124 (Setback Schedule) concerning:
(1) a proposed lot area with a new nonconformity of 19,028 square feet in size,
instead of 21,458 square feet, resulting in the remaining lot which will become more
conforming at 27,186 square feet instead of 24,756 square feet;
(2) a proposed single-family dwelhng at less than 40 feet from the rear lot
LWRP CODE CH. 268 DETERMINATION: A Letter from the Town LWRP
Coordinator submitted to the Board of Appeals on July 23, 2008 confirming
inconsistency under Chapter 268-3-F, Waterfront Consistency Review of the Town of
Southold Code and Local Waterfront Revitahzation Program (LWRP) standards.
The LWRP review notes that SCTM # 33-2-11 contains a portion of shrub swamp
freshwater wetland system (SO-9) listed by the New York State Department of
Environmental Conservation and the Town of Southold (regulated as a natural
Page 2 -August 7,
ZBA# 6182 -Arthur R. Torell
~TM 33-2-11 and 10
feature under Town Code Chapters 275 and 280). Under LWRP Policy 6 (6.3), the
setback from the proposed residence to the freshwater wetland is noted as 35 feet
and to the driveway 39 feet, where the minimum setbacks of 100 feet apply to any
and all operations proposed on residential property within the jurisdiction of the
Board of Trustees.
The applicant submitted to the Board of Appeals copies of a NYS DEC Permit
DEC~1-4738-00755/00003 issued November 10, 2005 under the Environmental
Conservation Law, Article 24 (Freshwater Wetlands) for a single-family dwelling,
driveway and sanitary system and signed Declaration of Covenants and Restrictions
declaring limits of clearing, grading and ground disturbance areas to meet this
agency requirements, in addition to a Declaration of Covenants and Restrictions for
the Suffolk County Health Department pertaining to the Sanitary Code. The
property is adjacent to 2.7 acres of open space land shown on the subdivision map of
Homestead Acres approved April 30, 1986 by the Town of Southold.
The area variances for rear yard setback for the new dwelling and lot size changes
are necessary in order to meet other agency regulations, by locating the proposed
leaching field away from the wetlands which run diagonally across the southern side
of the subject property.
To further Policy 5, the Board requires a 25-foot wide non-disturbance vegetated
buffer area from the wetland line landward for a distance of 25 feet. This buffer is
intended to preserve the existing trees and natural growth to protect the water
quality of the wetland and provide critical habitat. (See condition with Board
Resolution, infra). In addition, the applicant has agreed to install two drywells on
the site to capture roof runoff as well as runoff that may be created during activities
related to construction of the new dwelling.
The applicant has followed all procedures to obtain permits from required agencies
under the wetland ordinances and other pertinent codes, and the applicant agrees to
file all Declaration of Covenants and Restrictions applicable to these agency
determinations, including but not limited to the establishment of a non-disturbance
natural vegetation buffer from the "limits of clearing line" as depicted.
In considering the above, the Board determines that the application to be consistent,
to the greatest reasonable degree of conformity under the Town of Southold LWRP
and Zoning Codes.
RELIEF REQUESTED: The applicant proposes to:
change the lot line, resulting in an increase of the subject lot 67 (SCTM# 33-
2-3) to 27,186 square feet in total area from the current 24,756 square feet,
thereby making it more conforming in the R-40 District, and a reduction of
the total area of lot 68 (SCTM # 33-2-10) from 21,458 square feet to 19,028
square feet, thereby making it more non-conforming, and
Page 3 - August
ZBA# 6182-Arthur R. Torell
C'TM 33-2-11 and 10
2. construct a new dwelling with a proposed rear yard setback of 20 feet, while
the code requires a minimum rear yard setback of 40 feet.
ADDITIONAL INFORMATION: The proposed lot line change will also require
approval from the Southold Town Planning Board. The ZBA granted the applicant a
variance on December 10, 1998 (Appeal No. 4604) for a reduction in a side yard
setback from the 15 ft. code requirement to 10 feet, noting that the slope and
wetlands on the subject property constrain the applicant's ability to build a house on
the lot.
REASONS FOR BOARD ACTION: On the basis of testimony presented, materials
submitted and personal inspections, the Board makes the following findings:
1. Town Law §267-b(3)(b)(3)(1). Grant of the variances will not produce an
undesirable change in the character of the neighborhood or a detriment to nearby
properties. The proposed modestly sized dwelling and the size of the proposed
building lots are similar to other houses and lots in the Eastern Shores
Development, which is now virtually built out. The proposed house will be setback
+/- 120 feet from Westwood Lane. Building lot 67 (the subject property) is bordered
on two sides by designated green space and on one side by undeveloped property.
2. Town Law §267-b(3)(b)(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 wetlands on the subject property create significant restrictions on the
size of a dwelling and where a dwelling and sanitary system can be located..
3. Town Law §267-b(3)(b)(3). The variance granted herein is net substantial with
regard to the lot line change since both lots are currently and will continue to be
similar in size to others in the neighborhood, and is substantial in terms of the
proposed 20 ft. rear yard setback for a new dwelling which is a 50% variance from
the code required 40 ft. rear yard setback.
4. Town Law §267-b(3)(b)(5). The difficulty has not been self-created but is the
result of requirements from the NYSDEC, SCHD and Town Trustees to move the
proposed leaching field and dwelling to 35 feet and 40 feet from the flagged wetlands
on the subject property, thereby necessitating a lot hne change with the adjacent lot
to the north which is also owned by the applicant, and a rear yard setback variance
in order to locate the proposed leaching field away from the wetlands which run
diagonally across the southern side of the subject property.
5. Town Law §267-b(3)(b)(4). 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 has followed all
procedures to obtain permits from required agencies under the wetland ordinances
Page 4 - August 7, 2008~
ZBA # 6182 - Arthur R. Torell
~TM 33-2-11 and 10
and other pertinent codes. Two drywells are proposed on the site to capture roof
runoff.
6. Town Law q267-b. Grant of the requested relief is the minimum action necessary
and adequate to enable the applicant to enjoy the benefit of a lot line change and
new dwelling, while preserving and protecting the character of the neighborhood
and the health, safety and welfare of the community.
RESOLUTION OF THE BOARD: In considering all of the above factors and
applying the balancing test under New York Town Law 267-B, motion was offered
by Member Weisman, seconded by Member Oliva, and duly carried, to
GRANT the variance as applied for, and shown on the survey by Peconic
Surveyors dated April 30, 2008, subject to the following Conditions:
a. The use of synthetic herbicides, pesticides and fertilizers is
prohibited.
The Declarant covenants that a 25-foot 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 25 foot 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. Vegetation 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 property. 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."
That these ZBA conditions be written into the Building Inspector's Certificate of
Occupancy, when issued.
Any deviation from the variance given such as extensions, or demohtions which are
not shown on the apphcant's diagrams or survey site maps, are not authorized under
this application when involving nonconformities under the zoning code. This action
does not authorize or condone any current or future use, setback or other feature of
the subject property that may violate the Zoning Code, other than such uses,
setbacks and other features as are expressly addressed in this action.
The Board reserves the right to substitute a similar design that is de minimis in
nature for an alteration that does not increase the degree of nonconformity.
Page 5- August 7, 2008~~
ZBA# 6182 - Arthur R. Torell
~TM 33-2-11 and 10
Vote of the Board: Ayes: Members Oliva (Vice Chairwoman), Simon and Weisman.
Members Dinizio and Goehringer (Chairman) were absent. This Resolution was
duly adopted (3-0).
Ruth D. Oliva, Vice Chairwoman 8/~'/g008
Approved for Filing
PLANNING BOARD MEMBERS
MARTIN H. SIDOR
Chair
WILLIAM J. CREMERS
KENNETH L. EDWARDS
GEORGE D. SOLOMON
JOSEPH L. TOWNSEND
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
Southold, NY
Telephone: 631 765-1938
Fax: 631 765-3136
March 10,2009
Charles Cuddy, Esq.
P.O. Box 1547
Riverhead, NY 11901
Re:
Proposed Lot Line Change for Arthur R. Torell
Located at 365 Westwood Lane, 300 feet north of Homestead Way, Greenport
SCTM#1000-33-2-11 Zoning District: R-40
Dear Mr. Cuddy:
The Southold Town Planning Board, at a meeting held on Monday, March 9, 2009,
adopted the following resolutions:
WHEREAS, this lot line change will transfer 2,430 s.f. from Parcel 1 (SCTM#1000-33-2-
10), reducing it from 21,458 s.f. to 19,028 s.f., to Parcel 2 (SCTM#1000-33-2-11),
increasing it from 24,756 s.f. to 27,186 s.f. Both parcels are in the R-40 Zoning District;
and
WHEREAS, The Town of Southold Zoning Board of Appeals granted an area variance
necessary for this lot line change on August 7, 2008, one goal of which was to create a
greater separation distance between the future building envelope and the nearby
wetlands; and
WHEREAS, on February 9, 2009, The Southold Town Planning Board, acting under the
State Environmental Quality Review Act pursuant to 6 NYCRR Part 617, Section 617.7,
determined that this is an Unlisted Action, conducted an uncoordinated review and
granted a Negative Declaration; and
WHEREAS, the Southold Town Planning Board has determined that the New York
State Department of Environmental Conservation's Covenant signed by the applicant,
dated June 26, 2007 and notarized on September 30, 2009, serves to adequately
protect the regulated freshwater wetland located on Parcel 1; be it therefore
Torell PaRe Two
March 10, 2009
RESOLVED, that the Southold Town Planning Board hereby waives the public hearing
for this project for the following reasons:
1. No new lots are being created;
2. The existing character of the neighborhood will not be altered;
3. Current and future community planning will not be affected;
4. The freshwater wetlands are being protected pursuant to §275-3 of the Southold
Town Code; and be it further
RESOLVED, that the Southold Town Planning Board grant Conditional Final Approval
on the surveys prepared by John T. Metzger, Land Surveyor, dated November 21,
2006, subject to the following condition:
The filing of new deeds with the Office of the Suffolk County Clerk pertaining to
the lot line change and, upon filing, submission of a copy to this office.
This condition must be met within six (6) months of the resolution unless an extension of
time is .requested by the applicant and granted by the Planning Board. Upon fulfillment
of the condition, the Planning Board will issue final approval and authorize the Chairman
to endorse the final surveys.
If you have any questions regarding the above, please contact this office.
Very truly yours,
Martin H. Sidor
Chairman
DEPAFITMENT OF HEALTH SERVICES
February 22, 2006
Mr. Arthur Robert Torell
377 Thomas Place
Wyckoff, NJ 07481
SCHEDULE C
COUNTY OF SUFFOLK
STEVE LEVY
SUFFOLK COUNTY EX2E CUTi~FE
[3/~IAN L. HAFIpF-~, M.D., M.P.H.
Subject:
Board of Review Hearing ~ February 16, 2006
S10-05-0004 ,-: Homestead Acres Homes, w/s Westwood Lane, 300 f6 n/o Homestead Way,
Greenpurt - t/o Southold - SCTM: 1000 03300 0200 010000, 011000"
Dear Mr. Torell:
Enclosed is a copy of thc findings, recommendations and determination of' thc Board of Review
concerrfing the subject application.
Based on the information submitted, the Board granted thc request for variance/waiver with thc
provisions indicated in thc determination. . ..
Thc granting of this waiver does not imply that your application will be automatically approved. It is
, your responsibility to ensure that your application is complete; otherwise, your 'approval will be subject
to unnecessary delay.
Enclosure
C:
· Board of Review File ~ Riverhead Mr. Peter Akras, P.E. ~ Reviewer
Mr. Andrew Freleng 7 Planning Department
Ms. Lauretta Fischer- Planning Department
Ms. Eileen Cantone ~ OWM
Ms. Valerie 8topaz ~ Town of Southold
SUFFOLK COIJNTY DEPARTMENT OF I-IEALTIt SERVICES
DMSION OF ENVERONi'~NTAL Q~J,~LITY
Bo,~m O~ Pd~VmW
ARTICLE 2, SECTION 220, SUFFOLK COUNTY SANITARy CODE
ro~
Brian L. Harper, M.D., M.P.H., Commissioner
From: Stephen A. Costa, P.E., Chairman, Board of Review
Subject:
Findings and Recommendations of the Review Board Regarding:
S10-05-0004 - Homestead Acres Homes, w/s Westwood L~e, 300 ft. n/o
Homestead Way, Greenport - t/o Southold -
SCTM: 1000 03300 0200 010000, 01t000
Hearing Date: February 16, 2006
Statement of Problem
Residential ¢ons~a-uction standards require that sanitary systems be located on the same
parcel as the buildirig to be served. The applicant is proposing"t6 place the sewage
disposal system for a dwelling in an easement area on an adjacent lot.
Residential construction standards require that the separation distance between leaching
pools be a miuirnura of 8 feet. The applicant is proposhag a sewage disposal system
· . ~esi .g..n. with a s.eparation of 3 feetbetwe .~..1.e,~chingp~mls.
· - l~adings and Facts
1. The parcels are located in' Groundwater Management Zone 4.
The parcels arc depicted as two separate tax lots (lots 10 and 11) on the 1981
tax map.
3. Each parcel is greater than 20,000 square feet in area.
4. Sewage disposal will be via septic tank and leaching pools.
5. Depth to groundwater is 11.5 feet below existing grade.
6. Soils arc acceptable with fine to coarse sand at 11.5 feet below existing grade.
The southern lot (lot 11) has been the subject of 3 residential applications with
reference numbers, 93-80-09, R10-97-0075, and R10-~)4-0009. The irdtial
application was approved by the Board of Review on November 9, 1993 for
the installafi6n of the sanitary system in the rear yard md'in a location.that is
less than 100 feet to surface water. The first two permits were issued and
expired before any construction commenced.
A third permit was issued by the department (R10-04-0009) in ·2004 that
showed the sewage disposal system in the rear yard of lot 11. However, when
New York State Department of Environmental Conservation (DEC) renewed
Brian L. Harper, M.D., M.P.H., Commissioner
Hearing Date: February 16, 2006
Subject: Findings and Recommendations of the Review Board R~garding:
S10-05-0004 - Homestead Acres Homes, w/s Westwood Lane, 300 ft. n/o
Homestead Way, Greenport - qo Southold -
SCTM: 1000 03300 0200 010000, 011000
10.
11.
a previously issued wetlands permit, they added a sewage' treatment
requirement to the permit.
Upon discovering the sewage lreatment requirement, the department
suspended the construction permit. In a letter dated No\,ember 22, 2004, Jodi
Cerasuola, Senior Sanitarian stated:
"Please be advised that a review of your submitted DEC Permit
(1-4738-00755/00003) has revealed that item #9 of that permit
requires that your "sanitary system must be an aerobic treatment unit
as shown on the approved plan." The Suffolk County Sanitary Code
does not allow for thesp types of treatment system~ to be ufil/zed
single family residences. The. Department is':'concerned that
homeowners will be forced to operate sewagE, treatment works
without proper training and protection fi:om biolb~ieal hazards. In
addition, these systems being aerobic in nature'.'giay provide for
greater removal of organic matter. However, nutrie~ control, such as
r~tio'ge.'g:removhl, i~ the primary concern in prot{gt~ng, groundwater
and these systems are not designed to remove these constituents.
This office has contacted the DEC concerning this ~ngt~er by letter
dated:'.Igoveinber 22, 2004, which is also enclosed for your
convenience ....
Based on the above information, this office has no recourse but to
suspend your permit in accordance with Article 3,' .Section 760-305
& 307 of the Suffolk County Sanitary Code urn/il this matter is
resolved.'"
The applicant returned to DEC, but DEC refused to fi~dify the petit to
eliminate the treatment and allow the disposal system t6. remain 45 feet fi:om
the wetlands. Instead, DEC recommended that the septiq'systcm be located to
the north on the adjacent lot also owned by the applicant, either by combining
the two lots' into one lot; changd_ng the lot lines -to allow a sectio/x of the
adjacent lot to be moved to the subject lot to allow for the.septic system to
move to the north; or via a deeded variance to allow the.'~gptic system on the
property to the north.
Thc applicant attempted to effectuate a change in lot liue (thu~ prompting the
subdivision application) but claims he was told by town .r'.epresentatives that a
change in lot lines could not be easily achieved, wherea.s a deeded easement
area would be much more expedient.
-Brian L. Harper, M.D., M.P.H., Commissioner
Hearing Date: February 16, 2006
S~bj ect: Findings and Recommendations of the Review Bo ard Regarding:
S 10-05-0004 - Homestead Acres Homes, w/s Westwood Lane, 300 ft. n/o
Homestead Way, Greenport - t/o Southold -
SCTM: 1000 03300 0200 010000, 011000
12.
The applicant also claims that a DEC representative advised him to make the
deeded area as small as possible, which is the reason the leaching pools were
shown on the plan with a separation distance of only 3 feet.
Determination
It was a 3 to 0 determination of the Board to grant the request for the variance to install
the sewage disposal system in the easement area, provided the following conditions are
met:
The applicant shall provide an easement area on lot 10 with described metes and
bounds adequate in size for a sewage disposal system for lof 11 that will comply
with construction standards for separation distance between components.
Expansion pools shall be installed during initial construction of the sanitary
system.
The applicant shall prepare an easement' (or covenan0, in' language and format
acqept~ble to the county attorney, burdening lot 10 for sewage disposal system
construction, access, and future maintenaii~'6' of the sewage disposal system for lot
11. ' .....
Covenants shall be prepared and filed, in language acceptable to the County
Attorney, that limit the dwelling on lot 11 to 4 bedroom~ with no accessory
gpartments.
As per §760-609 of the Suffolk County Sanitary Code (Sanitary O0de), the approval of
the variance is in harmony with the general purpose and intent of th~ Sanitary Code to
protect groundwater and drinldng water supplies, surface waterl grid other natural
resources, and public health, safety and welfare. In compliance with §760-609(1)(a), the
proposed variance is in general conformity with the Sanitary Code...:
February 22, 2006
8teph~n A. Ci~sta, P.E.
Chairman ~ Board of Review
DECLARATION OF COVENANTS AND RESTRICTIONS
THIS DECLARATION made this ~-7' day of September, 2006, by ARTHUR R.
TORELL, JR., residing at 377 Thomas Place, Wyckoff, New Jersey 07481, hereinafter referred to
as the DECLARANT, as the owner of premises known as Lot 67, Map of Eastern Shores at
Gmenport, Section 2, Map 4426 (SCTM#1000-033.00-02.00-011.000), more fully described in
Schedule "A" annexed hereto (hereinafter referred to as the PREMISES) desires to restrict the use
and enjoyment of said PREMISES and the adjoining premises known as Lot 68, Map of Eastern
Shores at Greenport, Section 2, Map 4426 (SCTM# 1000-033.00-02.00-010.000), more fully
described in Schedule "B" (the ADJOINING PREMISES), and has for such purposes determined
to impose on said PREMISES and the ADJOINING PREMISES covenants and.restrictions and
does hereby declare that said PREMISES and the ADJOINING PREMISES shall be held and shall
be conveyed subject to the following covenants and restrictions:
1. DECLARANT has made application to the Suffolk County Department of Health
Services (hereinafter referred to as the DEPARTMENT) for a permit to construct and/or approval
of plans for a single family residence, a subdivision or development of other construction project
on the PREMISES.
2. THE DECLARANT appeared before the Board of Review requesting a variance from
the residential construction standards which require sanitary systems to be located on the same
property being served, and the separation distance between leaching pools to be a minimum of
eight (8) feet; and the Board of Review of the County of Suffolk Department of Health Services
granted a variance by letter dated February 22, 2006, attached hereto and made a part hereof as
Schedule "C", requiring certain conditions, to which the DECLARANT, its successors, heirs or
assigns, agree as follows:
a)
As a condition of approval by the DEPARTMENT, of the subdivision or development
application, the DECLARANT covenants that there shall be no conveyance of any lot
unless a permanent and perpetual easement, that runs with the land, is provided for
simultaneously upon conveyance. Said easement shall be for the sanitary system located
on the ADJOINING PREMISES more fully described in Schedule B, that is serving the
PREMISES more fully described in Schedule A. Said easement, as more fully described in
Schedule "D", shall be for the placement, installation, maintenance, repair, inspection and
replacement of the sanitary system.
b)
As a further condition of approval by the DEPARTMENT, of the subdivision or
development application, the DECLARANT covenants that the dwelling on Lot 11 shall be
limited to a single family dwelling with four (4) bedrooms only.
c)
DECLARANT, its successors, heirs or assigns, further agrees to hold harmless, indemnify
and defend the County of Suffolk, its employees, offices, or agents harmless from any
claim for damages or injuries that may arise out of the installation or use of the sewage
disposal system.
3. DECLARANT. its successors and/or assigns shall set forth these covenants, agreements
and declarations in any and all leases to occupants, tenants and/or lessees of the above described
property and shall, by their terms, subject same to the covenants and restrictions contained herein.
Failure of the DECLARANT. its successors and/or assigns to so condition the leases shall not
invalidate their automatic ~ubjugation to the covenants and restrictions.
4. All of the covenants and restrictions contained herein shall be construed to be in addition
to and not in derogation or limitation upon any provisions of local, state, and federal laws,
ordinances, and/or regulations in effect at the time of execufiun of this agreement, or at the time
such laws, ordinances, and/or regulations may thereafter be revised, amended, or promulgated.
5. This document is made s.ubject to the provisions of all laws required by law or by their
provisions to be incorporated herein and they are deemed to be incorporated herein and made a part
hereof, as though fully set forth.
6. The aforementioned Restrictive Covenants shall be enforceable by the County of
Suffolk, State of New York, by injunctive relief or by any other remedy in equity or at law. The
failure of said agencies or the County of Suffolk to enforce the same shall not be deemed to affect
the validity of this covenant nor to impose any liability whatsoever upon the County of Suffolk or
any officer or employee thereof.
7. These covenants and restrictions shall mn with the land and shall be binding upon the
DECLARANT, it successors and assigns, and upon all persons or entities claiming under them, and
may be terminated, revoked or amended only with the written consent of the DEPARTMENT.
8. The declarations set forth in the WHEREAS clauses contained herein shall be deemed
and construed to be promises, covenants, and restrictions as if fully repeated and set forth herein.
9. If any section, subsection, paragraph, clause, phrase or provision of these covenants and
restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid, or
held to be unconstitutional, the same shall not affect the validity ofthase covenants as a whole, or
any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or
unconstitutional,
10. Local Law #32-1980 - The DECLARANT represents and warrants that he has not
offered or given any gratuity to any official, employee, or agent of Suffolk County, New York
State, or of any political party, with the purpose or intent of securing favorable treatment with
respect to the performance of an agreement, and that such person has read and is familiar with the
provisions of Local Law #32-1980.
STATE OF NEW JERSEY, COUNTY OF BERGEN: ss:
On this day of September, in the year 2006, before mi, the undersigned, a Notary Public in
and for said State, personally appeared Arthur R. Torell, Jr. personally known to me or proved to
me on the basis of satisfactory evidence to the individual whose name is subscribed to the within
instrument and acknowledged to me that she executed the same in her capacity and that by her
signature on the instnanent, the individual, or the persun,fflhon .b~ehalf of which the individual acted,
executed the instrument.
- No'~'blie .
21/c&rhdtorell ~falCH^RD
nOTARY PUBLIC OF NEW JERSEY
~ COMMiSSiON EXPIRES FEB; 4,
PLANNING BOARD MEMB~
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
(cor. Main Rd. & Youngs Ave.)
Southold, NY
Telephone: 631 765-1938
Fax: 631 765-3136
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
March 10, 2009
Charles Cuddy, Esq.
P.O. Box 1547
Riverhead, NY 11901
Re: Proposed Lot Line Change for Arthur R. Torell
Located at 365 Westwood Lane, 300 feet north of Homestead Way, Greenport
SCTM#1000-33-2-11 Zoning District: R-40
Dear Mr. Cuddy:
The Southold Town Planning Board, at a meeting held on Monday, March 9, 2009,
adopted the following resolutions:
WHEREAS, this lot line change will transfer 2,430 s.f. from Parcel 1 (SCTM#1000-33-2-
10), reducing it from 21,458 s.f. to 19,028 s.f., to Parcel 2 (SCTM#1000-33-2-11),
increasing it from 24,756 s.f. to 27,186 s.f. Both parcels are in the R-40 Zoning District;
and
WHEREAS, The Town of Southold Zoning Board of Appeals granted an area variance
necessary for this lot line change on August 7, 2008, one goal of which was to create a
greater separation distance between the future building envelope and the nearby
wetlands; and
WHEREAS, on February 9, 2009, The Southold Town Planning Board, acting under the
State Environmental Quality Review Act pursuant to 6 NYCRR Part 617, Section 617.7,
determined that this is an Unlisted Action, conducted an uncoordinated review and
granted a Negative Declaration; and
WHEREAS, the Southold Town Planning Board has determined that the New York
State Department of Environmental Conservation's Covenant signed by the applicant,
dated June 26, 2007 and notarized on September 30, 2009, serves to adequately
protect the regulated freshwater wetland located on Parcel 1; be it therefore
Torell Pa,qe Two March 10, 2009
RESOLVED, that the Southold Town Planning Board hereby waives the public hearing
for this project for the following reasons:
1. No new lots are being created;
2. The existing character of the neighborhood will not be altered;
3. Current and future community planning will not be affected;
4. The freshwater wetlands are being protected pursuant to §275-3 of the Southold
Town Code; and be it further
RESOLVED, that the Southold Town Planning Board grant Conditional Final Approval
on the surveys prepared by John T. Metzger, Land Surveyor, dated November 21,
2006, subject to the following condition:
1. The filing of new deeds with the Office of the Suffolk County Clerk pertaining to
the lot line change and, upon filing, submission of a copy to this office.
This condition must be met within six (6) months of the resolution unless an extension of
time is requested by the applicant and granted by the Planning Board. Upon fulfillment
of the condition, the Planning Board will issue final approval and authorize the Chairman
to endorse the final surveys.
If you have any questions regarding the above, please contact this office.
Very truly yours,
Martin H. Sidor
Chairman
. APPEALS BOARD MEMBER~
Gerard P. Goehringer, Chairman
Ruth D. Oliva
James Dinizio, Jr.
Michael A. Simon
Leslie Kanes Weisman
Mailing Address:
Southold Town Hall
53095 Main Road · P.O. Box 1179
Southold, NY 11971-0959
Office Lo~ation:
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
MEETING OF AUGUST 7, 2008
ZBA # 6182 - ARTHUR R. TORELL, Apphcant
PROPERTY LOCATION: 365 Westwood Lane, Greenport CTM 33-2-tl and 33-2-10
SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property
under consideration in this apphcation and determines that this review falls under
the Type II category of the State's List of Actions, without further steps under
SEQRA.
PROPERTY FACTS/DESCRIPTION: The apphcant's lands are shown as Lots 68
and 67 on the Map of Eastern Shores, Section 2, filed on August 10, 1965 as Map No.
4426 in the Suffolk County Clerk's Office. The property is adjacent to Homestead
Acres, and has frontage along the westerly side of Westwood Lane of 106 feet for the
northerly lot and 119 feet for the southerly lot (ref. April 30, 2008 survey map
prepared by John T Metzger, hcensed land surveyor).
BASIS OF APPLICATION: This apphcation is based on the Building Inspector's
amended May 21, 2008 Notice of Disapproval, citing Zoning Code Sections 280-18
(Bulk Lot Area Schedule) and 280-124 (Setback Schedule) concerning:
(1) a proposed lot area with a new nonconformity of 19,028 square feet in size,
instead of 21,458 square feet, resulting in the remaining lot which will become more
conforming at 27,186 square feet instead of 24,756 square feet;
(2) a proposed single-family dwelhng at less than 40 feet from the rear lot
LWRP CODE CH. 268 DETERMINATION: A Letter from the Town LWRP
Coordinator submitted to the Board of Appeals on July 23, 2008 confirming
inconsistency under Chapter 268-3-F, Waterfront Consistency Review of the Town of
Southold Code and Local Waterfront Revitalization Program (LWRP) standards.
The LWRP review notes that SCTM # 33-2-11 contains a portion of shrub swamp
freshwater wetland system (SO-9) listed by the New York State Department of
Environmental Conservation and the Town of Southold (regulated as a natural
Page 2 -August 7, 2008
ZBA# 6182 -Arthur R. Torell
CTM 33-2-11 and 10
feature under Town Code Chapters 275 and 280). Under LWRP Policy 6 (6.3), the
setback from the proposed residence to the freshwater wetland is noted as 35 feet
and to the driveway 39 feet, where the minimum setbacks of 100 feet apply to any
and all operations proposed on residential property within the jurisdiction of the
Board of Trustees.
The applicant submitted to the Board of Appeals copies of a NYS DEC Permit
DEC#1-4738-00755/00003 issued November 10, 2005 under the Environmental
Conservation Law, Article 24 (Freshwater Wetlands) for a single-family dwelling,
driveway and sanitary system and signed Declaration of Covenants and Restrictions
declaring limits of clearing, grading and ground disturbance areas to meet this
agency requirements, in addition to a Declaration of Covenants and Restrictions for
the Suffolk County Health Department pertaining to the Sanitary Code. The
property is adjacent to 2.7 acres of open space land shown on the subdivision map of
Homestead Acres approved April 30, 1986 by the Town of Southold.
The area variances for rear yard setback for the new dwelling and lot size changes
are necessary in order to meet other agency regulations, by locating the proposed
leaching field away from the wetlands which run diagonally across the southern side
of the subject property.
To further Policy 5, the Board requires a 25-foot wide non-disturbance vegetated
buffer area from the wetland line landward for a distance of 25 feet. This buffer is
intended to preserve the existing trees and natural growth to protect the water
quality of the wetland and provide critical habitat. (See condition with Board
Resolution, infra). In addition, the applicant has agreed to install two drywells on
the site to capture roof runoff as well as runoff that may be created during activities
related to construction of the new dwelhng.
The apphcant has followed all procedures to obtain permits from required agencies
under the wetland ordinances and other pertinent codes, and the applicant agrees to
file all Declaration of Covenants and Restrictions applicable to these agency
determinations, including but not hmited to the establishment of a non-disturbance
natural vegetation buffer from the "limits of clearing line" as depicted.
In considering the above, the Board determines that the apphcation to be consistent,
to the greatest reasonable degree of conformity under the Town of Southold LWRP
and Zoning Codes.
RELIEF REQUESTED: The applicant proposes to:
change the lot line, resulting in an increase of the subject lot 67 (SCTM# 33-
2-3) to 27,186 square feet in total area from the current 24,756 square feet,
thereby making it more conforming in the R-40 District, and a reduction of
the total area of lot 68 (SCTM # 33-2-10) from 21,458 square feet to 19,028
square feet, thereby making it more non-conforming, and
' Page 4- August 7, 2008
ZBA# 6182-Arthur R. Torell
CTM 33-2-11 and 10
and other pertinent codes. Two drywells are proposed on the site to capture roof
runoff.
6. Town Law ,~267-b. Grant of the requested relief is the minimum action necessary
and adequate to enable the applicant to enjoy the benefit of a lot line change and
new dwelling, while preserving and protecting the character of the neighborhood
and the health, safety and welfare of the community.
RESOLUTION OF THE BOARD: In considering all of the above factors and
applying the balancing test under New York Town Law 267-B, motion was offered
by Member Weisman, seconded by Member Ollva, and duly carried, to
GRANT the variance as applied for, and shown on the survey by Peconic
Surveyors dated April 30, 2008, subject to the following Conditions:
a. The use of synthetic herbicides, pesticides and fertilizers is
prohibited.
The Declarant covenants that a 25-foot 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 25 foot 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. Vegetation 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 hfe or property. 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."
That these ZBA conditions be written into the Building Inspector's Certificate of
Occupancy, when issued.
Any deviation from the variance given such as extensions, or demohtions which are
not shown on the applicant's diagrams or survey site maps, are not authorized under
this application when involving nonconformities under the zoning code. This action
does not authorize or condone any current or future use, setback or other feature of
the subject property that may violate the Zoning Code, other than such uses,
setbacks and other features as are expressly addressed in this action.
The Board reserves the right to substitute a similar design that is de minimis in
nature for an alteration that does not increase the degree of nonconformity.
Page 5 - August 7, 2008
ZBA# 6182-Axthur R. Torell
CTM 33-2-11 and 10
Vote of the Board: Ayes: Members Ohva (Vice Chairwoman), Simon and Weisman.
Members Dinizio and Goehringer (Chairman) were absent. This Resolution was
duly adopted (3-0).
Ruth D. Oliva, Vice Chairwoman 8/<~'/g008
Approved for Filing
NEW YOR~TATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
[~)EC 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 [] New [] Renewal · Modification [3 Permit to Construct [] Permit to Operate
[] Article 15, Title 5: Protection of Waters [3 6NYCRR 608: Water Quality [] Article 27, Title 7; 6NYCRR 360:
[] Article 15, Title 15: Water Supply
[] Article 15, TiSe 15: Water Transport
[3 Article 15, Title 15: Long Island Wells
[] Article 15, Title 27: Wild, Scenic and
Recreational Rivers
Certification
[] Article 17, Titles 7, 8: SPDES
[] Article 19: Air Pollution Control
[] Article 23, Title 27: Mined Land
Reclamation
· Article 24: Freshwater Wetlands
Solid Waste Management
r-] Article 27, Title 9; 6NYCRR 373:
Hazardous Waste Management
[] Article 34: Coastal Erosion
Management
[] Ar[icle 36: Floodplain Management
[] Article 25: Tid~.
PERMIT ISSUED TO //~
A~hur R. Torell
CONTACT PERSON FOR PERUI~D WORK
ADDRESS OF PERMn-rEE
377 Thomas Place, Wyckoff, NJ
[] Articles 1, 3, 17, 19, 27, 37;
6NYCRR 380: Radiation Control
iTELEPHONE NUMBER
(201) 891-3043
TELEPHONE NUMBER
NAME AND ADDRESS OF PROJECT/FACILITY
Torell property, 365 Westwood Lane, Greenport
COUNTY I TOWN
Suffolk Southold
WATERCOURSE
FWVV I.D. S0-9
NYTM COORDINATES
DESCRIPTION OF AUTHORIZED ACTIVITY:
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
IADDRESS
Region 1 Headquarters
Bldg. #40, SUNY, Stony Brook, NY 117g0-2356
IDATE IPage
November 22, 2005 .
1 of 4
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, flyash, broken
concrete, demolition debds, 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 sen/e to avoid the inadvertent leakage of deleterious
substances into the regulated area: Fuel or other chemical storage 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.
g. 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
:VV 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 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 watemourse. 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 orwaterway 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 extedt 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 pdor 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.
All activities authorized by this permit must be in stdct 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.
DEC PERMIT NUMBER PAGE 3 OF 4
14738-00755/00003 ;
'~ ' NECK STATE DEPAR'I~ENT OF ENVIRONMENTAL CONSEOION
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
of Environmental Conservation of the State of New York, its representatives, employees, and agents ("DE C ") for all 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 adsing 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: Permlttee'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: Permittee Responsible for Obtaining Other Requlrad 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 ara authorized by this permit.
Item D: No Right to Trespass or Interfere with Riparian Rights
This permit does not convey to the permittee any right 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 Department
The permitted site or facility, including relevant records, is subject to inspection at reasonable hours and intervals by an
authorized representative 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 referenced 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); and
b) 30 days before expiration of ail other permit types.
Submission of applications for permit renewal or modification ara to be submitted to:
NYSDEC Regional Permit Administrator, Region 1, SUNY Bldg ~,0, 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 Pad 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 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
1-4738-00755/00003
PAGE 4 OF 4
95-20-1 (11/03)-9d
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
;OHN W. ?AVACiC
NOTE: This notice is NOT a permit
. /
SUFFOLK CO~-NTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrun%ent: DECLAP3%TION/DOP
Number of Pages: 4
Receipt Number : 06-00.64009
District: Section: Block:
1000 033.00 02.00
EXAMINED ~ CF~R~ED AS FOLLOWS
Received the Following Fees For Above Instrument
Exempt
Page/Filing $12.00 NO Handling
COE $5.00 NO NYS SRCHG
TP-584 $0.00 NO Notation
Cert. Copies $5.00 NO RPT
SCTM $0.00 NO
Fees Paid
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
Recorded:
At:
06/30/2006
03:24:23 PM
LIBER: D000t2457
PAGE: 647
Lot:
010.000
Exempt
$5.00 NO
$15.00 NO
$0.00 NO
$50.00 NO
$92.00
Judith A. Pascale
County Clerk, Suffolk County
DECLARATION
THIS DECLAKATION, dated 26th day of June ,2006 , is made by Arthur
T°rell,Jr;(hercinaflcer 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 I000, 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 nolification that regulated freshwater wetland # S0-9, is located on or near
the properties of Arthur~l'orell/~t~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 ail
regulated activities from the New York State Depm anent of Environmental Conservation
("NYSDEC") 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 bounda~ 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 s~uctures, 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 he[rs and
assigns, forever"
Any violation of these restrictions, covenants, and agreements shall cause the violator, in
addition to any fmcs, 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~
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 /~rtllllr ]~ Torell, Gr. , 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.
' / l:,lo~ry Puglic-
Mailing Address:
PO Box 1547
Riverhead, NY 11901
CHARLES R. CUDDY
Attorney at Law
445 Griffing Avenue
Riverhead, NY 11901
August 6, 2009
Tel: (631) 369-8200
Fax: (631) 369-9080
e-mail: charles.cudd¥{~,verizon.net
Board of Town Trustees
Southold Town
P.O. Box 1179
South old, NY 11971
Attn: Lauren Standish, Secretarial Assistant
Re: Arthur R. Torell-365 Westwood Lane, Greenport, NY
SCTM#1000-33-2-11
Dear Ms. Standish:
In connection with the above matter, enclosed please find a check in the sum of $100.00 representing
payment for a pre-construction hay bale line inspection fee ($50.00) and a final inspection fee
($50.00).
We would appreciate your forwarding a Board of Town Trustees decision to this office.
Thank you.
CRC:ik
Enclosure
Very truly yours,
Charles R. Cuddy
PLANNING BOARD MEMBER~
JERILYN B. WOODHOUSE
Chair
KENNETH L. EDWARDS
MARTIN H. SIDOR
GEORGE D. SOLOMON
JOSEPH L. TOWNSEND
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
Southold, NY
Telephone: 631 765-1938
Fax: 631 765-3136
To: JimKing, Vresident 0C~[ 16 2006
Members of the Board of Trustees
From: Mark Terry,
Senior Envkonmental Planner
LWRP Coordinator
Date: October 13, 2006
Proposed Wetland Permit for Arthur Torell
SCTM#1000-33-2-10 and 11
The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold
Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the
information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the
records available to me, it is my recommendation that the proposed action is INCONSISTENT with the denoted
following Policy Standards and therefore is INCONSISTENT with the LWRP.
Policy 6 Protect and restore the quality and function of the Town of Southold ecosystem.
6.3 Protect and restore tidal and freshwater wetlands.
A. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and
regulations for all Andros Patent and other lands under their jurisdiction
Comply with Trustee regulations and recommendations as set forth in Trustee permit
conditions.
The proposed distance of the new residence to a freshwater wetland is 19 feetl a minimum setback distance of
100 feet is required pursuant to Chapter $ 275-3. Findings: ouroose: Jurisdiction[ setbacks. Please require
that the applicant amend the application to meet the above policy.
Pursuant to Chapter 268, the Board of Trnstees shall consider this recommendation in preparing its written
determination regarcFtng the consistency of the proposed action.
Mailing Address:
PO Box 1547
Riverhead, NY 11901
CHARLES R. CUDDY
Attorney at Law
445 Griffing Avenue
Riverhead, NY 11901
June 3, 2009
Tel: (631) 369-8200
Fax: (631) 369-9080
e-mail: charles.cudd¥~verizon.net
Board of Town Trustees
Southold Town
P.O. Box 1179
South old, NY 11971
Re: Arthur R. Torell-365 Westwood Lane, Greenport, NY
SCTM#1000-33-2-11
Dear Board Members:
I represent Arthur R. Torell who has an application pending before the Board of Town Trustees. You
advised that it is scheduled for a June 24, 2009, hearing. Due to cimu_mstances beyond our control,
we cannot attend the June 24, 2009, meeting. Therefore, we respectfully request that this matter be
adjourned to the next meeting date of the Board.
Thank you.
CRC:ik
Enclosure
Very truly yours,
Charles R. Cuddy
Office Use Only
_~eaStal Erosion Permit Application
t[and Permit Application . ~ Administrative permit
/11. A m endmen~/Tr aris fqr/F~ns ~°n
ece~ved Application: ~-~[~
~Received Fe :$~O
~Completed A p p lic at ion ~_12t-~*
Incomplete_
--SEQRA Classification:
~-ype 1 Type ll~Unlisted~
Coor~nation:(date sent)
--~;AC Referral S. ent:~
--~ate of Inspectton:~
--Receipt of CAC Report:~
--Lead Agency Determination:~
~Technical Review :, ,-7~j77?iT/~2~
--,~blic Hearing Held: ~J~//V~/-
--Resolution:_
I/;: ---,If
Name of Applicant__.__jLrr~r ll..,2~rel~
Address. 377 Thomas Place
Wyckoff, NY 07481 PhoneNumber:(20~ _ 891-3043
Suffolk County Tax Map Number: 1000 - 33-2-11_
Property Location: 365 Westwood Lane, Greenport, NY
300 ft. to Homestead Way, Greenport
(provide LILCO Pole #, distance to cross streets, and location)
AGENT:_ Charles R. Cudfly, Esq.
(If applicable)
Address:_ Po Box 1547 RtYerhead, NY 11901
phone:
(631) 369-8200
Board of Trustees Application
Land Area (in square feet):
Area Zoning:~ R-40
27,186
GENERAL DATA
Previous use of property:
Intended use of property:
vacant land
residential
Prior permits/approvals for ske improvements:
Agency D~e
Suffolk County Department of Health Services
NYS DEC Novembor 7.
Southold Town Zoning Board of Appeals August 7, 2008
Southold Town Planning Board March 9, 2009
November 27, 2006
__ No prior permits/approvals for site improvements.
Has any permit/approval ever been revoked or suspended by a governmental agency?
x No Yes
If yes, provide explanation: N/A
PrQect Description (use aUachments if necessary): The applicant wishes to
construct a single family dwelling on lot 67 of the Map of ~Eastern Shores,
Section 2 (SCTM~lOOO-33-2-11). Tn ordor tn mmmt tho Trumtmmm requirements
the applicant moved the proposed location of the house to the furthest point possible
-35 ft. from the cadge of wetland located on his property. He also changed the
lot line configuration to meet those standards.
Board of Trustees Application
WETLAND/TRUSTEE LANDS APPLICATION DATA
Purpose of the proposed operations: construction of a single family
dwelling setback 35 ft. from the cadge of wetland.
Area of wetlands on lot: 8030 square feet
Percent coverage of lot: 9 %
Closest distance between nearest existing structure and upland
edge of wetlands: N/A feet
Closest distance between nearest proposed structure and upland
edge of wetlands: 35 feet
Does the project involve excavation or filling?
No x Yes
If yes, how much material will be excavated? 320 cubic yards
How much material will be filled? 320 cubic yards
Depth of which material will be removed or deposited: 6 feet
Proposed slope throughout the area of operations: 107.
Manner in which material will be removed or deposited: excavated and
stockpiled upland on Lot 68 during construction;
reclaimed on Lot 67 for back filling . The applicant will protect the
excavated area with hay bales and silt fence.
Sta~ment of the effect, if any, on the wetlands and tidal w~ers of the town th~ may result by
mason of such proposed opermions (use attachments if appropriate):
The wetlands will be protected by hay bales and silt fenece.
The applicant agreed through covenants to create the 25 foot
non distnrhmnem vegetated buffer intended to preserve the existing
trees and natural growth to protect the wetlands and provide critical habitat.
There will be no adverse effect on the wetlands.
PROJECT ID NUMBER
PART 1, PROJECT INFORMATION
1, APPLICANT"~ SPONSOR
Arthur R.Torell
3.PROJECT LOCATION:
Municipality Southold
617.20
APPENDIX C
STATE ENVIRONMENTAL QUALITY REVIEW
SHORT ENVIRONMENTAL ASSESSMENT FORM
for UNMATED ACTIONS Only
( To be completed by A iliCant or Project Sponsor)
SEQR
2. PRO3ECT NAME
COUnty Suffolk
PRECISE LOCATION: Street Addess and Road Intersections. pmmioant lent[marks etc ~or provide map
365 Westwood Lane, Greenport, NY
5. IS PROPOSED ACTION: [] New [] Expansion
6. DESCRIBE PROJECT BRIEFLY;
[---~ Modlflce~oa t alteraaon
The applicant wishes to construct a single family dwelling Setback 35 ft. from
the eadge of wetland.
7. AMOUNT OF LAND AFFECTED:
Initially aczes Ultimately acres
8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTrONS?
9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.)
[~'-]Resldentlal r"-llndustrial ~lCommercla[ ~[]Agdculture I--]Park/Forest/OPenS.Da
E~] Other (desc~be)
10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL
AGENC~Y (Fede.~-~, 8tats or I..~c~l)
I~Yes D--INo If yea. list agency name and per'mil I approval~
Southold Town Trustees
11, DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? EX']Yes r']No If yes, list agency name and Permit ! approval:
Suffolk County Department of Health Services; NYS DEC, Zoning Board of Appeals,
Plannin~ Board -lot line chanse approval
/ S soPJatl'~am.ff///~A~r-]3J.l~ R~.--.Tor..,ell . / Da.;
If the action la a Cos~Area, amd yDa a~ s EraSe egemc¥,
cemplats the CDastal ~aEE~ent Fo~m before pm)cee~!~ W~h th~ a~memEment
APPLICANT/AGENT/REPRESENTATIVE
TRANSACTIONAL DISCLOSURE FORM
The Town of Southold's Code of Ethics t~rohibits conflicts of interest on the vart of town officem and emt~lovees. The vuroose of
this form is to vrovide information which can alert the town of ~ossible conflicts of interest and allow it to take whatever action is
necessary to avoid same.
YOUR NAME:
Torell Arthur R.
(Last name, first name, middle initial, unless you are applying in the name of
someone else or other entity, such as a company. If so, indicate the other
person's or company's name.)
NAME OF APPLICATION: (Check all that apply.)
Tax grievance Building
Variance Trustee
Change of Zone Coastal Erosion
Approval of plat Mooring
Exemption from plat or official map Planning
Other
(If "Other", name the activity.)
Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee
of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business,
including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation
in which the town officer or employee owns more than 5% of the shares.
YES NO X
If you answered "YES", complete the balance of this form and date and sign where indicated.
Name of person employed by the Town of Southold
Title or position of that person
Describe the relationship between yourself (the applicant/agent/representative) and the town officer or employee. Either check
the appropriate line A) through D) and/or describe in the space provided.
The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply):
A) the owner of greater than 5% of the shares of the corporate stock of the applicant
(when the applicant is a corporation);
B) the legal or beneficial owner of any interest in a non-corporate entity (when the
applicant is not a corporation);
C) an officer, director, parmer, or employee oftbe applicant; or
D) the actual applicant.
DESCRIPTION OF RELATIONSHIP
Form TS 1
Signatur~-~.~ ,~----~ ,~2~/.~/~/~
PrintNam~ -Arthul~ R. ~orel~ - 7
%_.
AUTHORIZATION
I, Arthur R. Torell, residing at 377 Thomas Place, Wyckoff, New Jersey 07481,
do hereby authorize Charles R. Cuddy, Esq. to apply for permit from the Southold Board of Town
Trustees on my behalf.
Sworn to before me this/hay
of/z~7~/~__ ,2009
Board of Trustees Application
County of Suffolk
State of New York
Arthur R. Torell BE1NGDULY SWORN
DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE
DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE
TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT ALL WORK
WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY
BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT
AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES
HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING
UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS
APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR
REPRESENTATIVES(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE
PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION.
Signature C
SWORN TO BEFORE ME THIS // DAYOF /~ ,20 ~_
Mailing Address:
PO Box1547
Riverhead, NY 11901
CHARLES R. CUDDY
Attorney at Law
445 Griffing Avenue
Riverhead, NY 11901
July 15, 2009
Tel: (631) 369-8200
Fax: (631) 369-9080
e-mail: charles.cuddy~verizon.net
Board of Town Trustees
Southold Town
P.O. Box 1179
South old, NY 11971
Attn: Lauren Standish, Secretarial Assistant
Re: Arthur R. Torell-365 Westwood Lane, Greenport, NY
SCTM#1000-33-2-I 1
Dear Ms. Standish:
In connection with the above application, we are enclosing an Affidavit of Mailing of Notice
together with the certified mail receipts. Please make it part of the applicant's file.
CRC:ik
Enclosure
Very truly yours,
Charles R. Cuddy
James F. King, President
Jill M. Doherty, Vice-President
Peggy A. Dickerson
Dave Bergen
Bob Ghosio, Jr.
Town Hall
53095 Route 25
P.O. Box 1179
Southold, New York 11971-0959
Telephone (631) 765-1892
Fax (631) 765-6641
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
BOARD OF TRUSTEES: TOWN OF SOUTHOLD
In the Matter of the Application of
..... ...............................
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
AFFIDAVIT OF POSTiNG
I, Churl ~ R_ c..aay , residing at Marratooka Lane, .
Mattituck, New York
being duly sworn, depose and say:
That on the 13 day of Jul y ,200 9, I personally posted the property known as
365 Westwood Lane, Greenport~ bP/
by placing the Board of Trustees official poster where it can easily be seen, and that I have
checked to be sure the poster has remained in place for eight days prior to the date of the public
hearing. Date of hearing noted thereon to be held [lk;4., ~t[q c~&. o~OOet -
Dated: July 22, 2009
Sworn to before me this
oq~ day ofyyt 200 q
Notary Public - fl '
~ Public, ,.
No. 01KO6088386
Qualified in 8uflolk C;ountY
(~ommllJ~lon F. xpIre~ ~ 8, ~0~
Mailing Address:
PO Box 1547
Riverhead, NY 11901
CHARLES R. CUDDY
Attorney at Law
445 Griffing Avenue
Riverhead, NY 11901
July 22, 2009
Tel: (631) 369-8200
Fax: (631) 369-9080
e-mail: charles.cudd¥~verizon.net
Board of Town Trustees
Southold Town
P.O. Box 1179
South old, NY 11971
Attn: Lauren Standish, Secretarial Assistant
Re: Arthur R. Torell-365 Westwood Lane, Greenport, NY
SCTM#1000-33-2-11
Dear Ms. Standish:
With reference to the above matter scheduled to be heard by the Board of Trustees on this date, we
are enclosing an Affidavit of Posting. Also, enclosed please find the green signature cards as
received from the Post Office.
CRC:ik
Enclosure
Very truly yours,
Charles R. Cuddy%
PROOF OF MAILING OF NOTICE
ATTACH CERTIFIED MAIL RECEIPTS
Arthur Torell-SCTM# 1000-33-2-11
Name:
Homestead Acres Homes Ass. Inc.
Address:
PO Box 522, Greenport, NY 11944
Ann O'Keefe and Peter Cuneo
John Buono and Ruth Buono
Dariusz Piechnik and Beata Piechnik
Elizabeth A. Neville, Town Clerk
Town of Southold
151-64 27th Ave., Flushing, NY 11354
340 Westwood Lane, Greenport, NY 11944
613 West Street, Greenport, NY 11944
PO Box 1179, Southold, NY 11971
STATE OF NEW YORK
COUNTY OF SUFFOLK
Iwona Kodym , residing at Bergen Avenue, Mattituck, NY
, being duly sworn, deposes and says that on the
~4eh day of Jul y ,2009 , deponent mailed a true copy of the Notice
set forth in the Board of Trustees Application, directed to each of the above named
persons at the addresses set opposite there respective names; that the addresses set
opposite the names of said persons are the address of said persons as shown on the current
assessment roll of the Town of Southold; that said Notices were mailed at the United States Post
Officeat Rivmrhead. NY , that said Notices were mailed to each of said persons by
(certified) (-.~4~e.d) mail.
SDaWyOm to b~fore m this
/ / / '- -/ - N6tary Pub[~
No~ Pul~lc: ~ of New Yodc
commle$1on Expire* Nov, 20, 20.~
LWRI~NSISTENCY ASSESSMENT
A. INSTRUCTIONS
All applicmlts tbr permits* including Town of Southold agencies, shall complete this CCAF for
proposed actions that are subject to tile Town of Southokl \\:aterfi'ont Cousistency Review Law. This
assessment is intended to supplement other int-ormation used by a Towu of Southokl agency in
making a determination of consistency. *Except mira; cvcmpt ,tctio~tx i~tch,lmg Buildi~tg Permits
~t,t ()tiler nti~lixtt'rial permits not located ~*'itltin
BeR)re answering the qnestions in Section C, the preparer of this form should review tile exempt
nfinor action list, policies ,and explanations of each p.olicy contained in the Town of Southold Local
Watert¥ont Revitalization Prognun. A proposed action will be evaluated as to its sign/ficant
beneficial and adverse effects Dpon the coastal area (which includes all of Soothold To,,;~0.
If any question in Section C on this form is answered "3'es", then the proposed action may affect the
acltievement of the LWRP policy stand,ds 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 if is consistent to the maximum extent practicable with the LWRP policy
standards and conditions. If an action cannot be certified as consistent with the LYVRP policy
standards and conditions, it shall not be undertaken.
A. copy of the LWRP is available in tile tbllowh~g places: online at the Town of Southold's website
(southoldtown.northfork.net), the Board of Trustees Office, the Plmming Department, all local
libraries and the Town Clerk's office.
B. DESCRIPTION OF SITE AND PROPOSED ACTION
scms/ooo .
The Application has been submitted to (check appropriate respouse):
TownBoard [] Planning Board [--] Building Dept. .[~ BoardofTrustees [-~'
/
1. Category of Town of Southold agency action (check appropriate response):
(a) Action undertaken directly by Town agency (e.g. capital
construction, planning activity, agency regulation, hind transaction)
(b) Financial assistance (e.g. grant, loan, snbsidy)
Penni(, approval, ficense, c,~tiffcafi0n.
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 MAINTAIN A 20,00sq.ft. LOT
SIZE FOR PROPERTY 68 FOLLOWING THE SCHD RECOMMENDATION.
THE PROPERTY WILL BE CLEARED BYA 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:
Site acreage: ~
Present land use:
Present zoning cl ~ss ~cation'
IF an application tbr thc proposed acti,nn h;ts been tiled with the Town of South~qd ttgcncv, thc Mlowing
inlbrmation shall be
(a) Name of applicant:
(c) Telephonenun,ber: Area Code ( ). ,,,.7-~//_ ~'~// '2~t9 t~...3
(d) Application nomber, if any:
Will the action be directly undertaken, reqaire funding, or approval by a state or federal agency?
Yes [] No~]'~ It' 5.'es, which state or federal agency?.
C. DEVELOPED COAST POLICY
Policy 1. Foster a pattern of development in the Town of Southold that enhances commuoity character,
preserves open space, makes efficient nse of infrastructure, makes beneficial use of a coastal location, and
minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evalnatlon
criteria.
~-]¥es ~-~ 15[o [--~Not Applicable
COVENANT RESTRICTIONS FROM THE DEC AND SCHD DO NOTALLOW FOR GRASS, FERTILIZERS, FUNGICIDES OR PESTICIDES ON
THE PROPERTY. THE LANOSCAPE WILL BE MAINTAINED AS A NATURAL SETTING 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.
P~licy 2. Protect and preserve historic aad archaeological resources of me Town of S0uthold. ~ee IAVI~P
Section Ill - Policies Palles 3 dm)ugh 6 for evaluation criteria
~] Yes t_J N(, ~Not .,I,,)licahlc
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.
Attach additional sheets if necessary
Polic~ 3. Enhance visual quality and protect scenic resources thrOughout the Town of South01d. see
LWRP Section !II - Policies Pages 6 through 7 for evalnation criteria
Yes ~ No [~ Not Applicable
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 PROPERT'~
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.
Allach additional sheets if nccessary
A1 RAL COAST POLICIES
Policy 4. Minimize loss of life, structures, anti natural resources from flooding and erosion, See LWRP
Section III - Policies Pages 8 through 16 for e~ aluatlon criteria
Yes [~ No l~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 It. ADDING 100 cubic ft.
Policy 5. Protect and improve water quality and supply iu the Town of Soathold. See LWRP Section III
-Policies Pages 16 through 21 for evaluation 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 SETTING 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.
Attach additional sheets if necessary
Policy 6. Protect and restore the quality anti function of the Town of Southold ecosystems including
Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Paggs 22
through 32 for evaluation cmteria.
Ii'Yes [-~ No [~ Not Applicable
THE HOUSE FOOTPRINT SHOWN ON SURVEY MAP AS LOT 67 HAS BEEN APPROVED BY THE DEC AND SCHD. FIELD BIOLOGIST HAVE
VISITED THE SIGHT AND LISTED IN THE COVENANT RESTRICTIONS THAT A 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. CURING CONSTRUCTION HAY BALES WILL BE PLACE ALONG THE
WETLANDS BOUNDARY, BACKED WITH REMOVABLE PLASTIC FENCING.
THE DEC HAS DETERMINED THE 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 air quality iu the Town of Southold. See LW~ Section Ill - Policies
Pages 32 throngl~ 34 for evaluatioB criteria.
~ Yes ~No~Nol,,l,l, licable
NO LEAVES, WOOD OR OTHER MATERIALS WILL BE BURNED ON THE PREMISES - ALL SUCH MATERIAL WILL SE BROUGHT
TO THE RECYCLE CENTER. NO OUTSIDE COAL OR WOOD BURNING PATIO HEATERS WILL BE USED ON THE PROPERTY.
Allacb, additional ~llcet,~ it' nccc:~sal v
Policy 8. Minimize environmental degradatiou in Town of Southold from solid waste and hazardous
substances and wastes. See I.WRP Section III - Policies; Pages 34 through 38 for evaluation 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.
PUBLIC COAST POLICIES
Policy 9. Provide for Imblic access to, and recreational use of, coastal waters, public lands, and public
resources of the Toxvn of Soutbold. See LWRP Section Ill - Policies; Pages 38 through 46 for evaluation
criteria.
~-~ Yes~--~ [No[~Not: pplJcable \ .
AS A RESIDENT OF $OUTHOLD I INTEND TO PROMOTE THE ACQUISITION OF LANDS AND HISTORIC PROPERTIES FOR PUBLIC USE.
Attach additional ~heets if necessary
WORKING ((),,kS 1 Pill.l(' lES
t'olicy t0. Protect Soutbohl's ~ater-depeudent uses and promote siting of ne~v water-dependent ases in
suitable Iocatioas. See I.XVRP Section III - Policies; Pages 47 through 56 for evaluation criteria.
[] "es [] No I~Not .\l,plical,le
COVENANT RESTRICTIONS FROM THE DEC AND SCHD DO NOT ALLOW FOR GRASS, FERTILIZERS, FUNGICIDES OR PESTICIDES ON THE
PROPERT~ THE LANDSCAPE WILL BE MAINTAINED AS A NATURAL SETTING INSURING ONLY CLEAN NATURAL PRECIPITATION 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 11. Promote sustainable use of living marine resources in Long Island Sonnd, the Peconic Estnary
and Town waters. See I,~,VRP Sectiou 11I - Policies; Pages 57 through 62 for ex duatlon criteria.
I WILL 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
additional sheets if necessary
Policy 12. Protect agrlcnltural lands in the Town' of So.thold. See LWRP Section III - Policies; Pages 62
through 65 for evaluation criteria.
[~ Yes [~ 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.
Att;~ch additional sheets if necessary
Policy 13. Promote appropriate use and development of energy and l!~ineral resources. See LWRP
Section III ~ Policies; Pages 65 through 68 for evaluation criteria.
,'es [] No Not pplicah,e
I WILL iNSTALL ONLY ENERGY SAVING HOME UTILITIES, HEATING AND AIR CONDITIONING UNITS, NATURAL GAS IS
AVAILABLE FROM WESTVVOOD LANE AND I PLAN TO HAVE THIS AS THE MAIN SOURCE OF ENERGY.
SUFFOLK COUNTY WATER IS LOCATED IN WESTWOOD LANE.
CHARLES R. CUDDY
Attorney at Law
445 Griffing Avenue
Riverhead, NY 11901
Mailing Address:
PO Box 1547
Riverhead, NY 11901
Tel: (631) 369-8200
Fax: (631) 369-9080
e-mail: charles.cuddy~verizon.net
May 5, 2009
Board of Town Trustees
Southold Town
P.O. Box 1179
South old, NY 11971
Re: Arthur R. Torell-365 Westwood Lane, Greenport, NY
SCTM#1000-33-2-11
Dear Board Members:
We represent Arthur Torell who previously obtained approval from the Board of Trustees for
construction of a house on lot#67 of the Map of Eastern Shores, Section 2, located at 365 Westwood
Lane, Greenport. Pursuant to several discussions with the Trustees, he has arranged to move the
house further away from the wetlands. Please note that the applicant has obtained approvals from
the Suffolk County Department of Health Services, NYS DEC, as well as, the Zoning Board of
Appeals and Planning Board in connection with this proposed house location and rearrangement of
the lot lines. For your records, we enclose copies of the DEC permit, the determinations of the
Zoning Board of Appeals, the Planning Board and the recorded DEC covenant.
We would be pleased to meet with the Board to discuss this application and request that it be placed
on the Board's agenda.
CRC:ik
Enclosure
Very truly yours,
Charles R. Cuddy
[ am laml#ar wllh 1he STANDARDS FOR APPROVAL
AND CONSTRUCTION OF SUBSURFACE SEWAGE
DISPOSAL SYSTEMS FOR SINGLE FAMILY RESIDENCES
and will abide by the conditions sel Iorlfi therein and an the
permit lo condrucL
NYSDEC # 1-47:,','78'00755100003
SiTE
TEST BORING
III 7108
by McDonald
Geoscience
Dent Brown Loom
OL
Sendy Cloy
CL
Bro~,n Clayey
With Heavy Grove/
SC
Pole Bro~ F7~e
fo Coarse
SW
Water In Pole
Broom Fine to
Cootie Sand
9
?he Iocalions of wells and cesspools
shown hereon are /rom #eld observ, dions
and or from dala ob/a/ned from o/~ers.
NO TE'
L 0 T NUMBERS REFER TO 'MAP OF
EASTEqN SHORES - SECT/ON 2'
F/LED IN THE SUFFOLK COUNTY
CLERK'S OFFICE AS MAP NO. 4426
KEY MAP
OWNER,
ARTHUR TORELL
..=77 THOMAS PLACE
WYCKOFF, N.J. 0748/
0
0
I~101~
AREA NEY/ LOT = 27,186
AREA WETLANDb' = 8030 s.f.
AREA PROPOSED DWELLING
18!0 s.f.
1810 119156 = 9% COVERAGE
PROVIDE 2- ~'¢ ~ 4' DEEP DHY~ELLS
TO CONTAIN ROOF RUNOFF
ZONING D/STRICT.. R40
TOTAL AREA = 46,214 sq. ft. or 1. 0609 ac.
CONTOURS LINES ARE REFERENCED TO THE
FIVE EASTERN TOY/NS TOPOGRAPHIC MAPS (N.G.V.O.)
~:~ ~ THE EDGE OF
THE NYS FRESHWA TER ~¢ETLAND AS
DELINEATED IFLAGGED) BY R. MARSH
AND G. KOZLOWSKI ON 1115104. / ~~,
MAP OF PROPER TIES /
A T GREENPORT
APPRO "
BOARD OF TRUS'
TOWN OF SOUTI.
TOWN OF SOUTHOLD
SUFFOLK COUNTY, N. Y.
-1000 - 33 - 02 - 10R, 11
SCALE: 1"= 40'
MA Y 7, 1998
APRIL 50, 2003r_r~ ( rev/d ' - ....-------- ~---
Ocl. 27, 2003 (H~Y~
Feb. ~,200~ (grou~[~r~ ~'
OcL 4,
A?~IL 5, 2008 {r. ridon,~ ~ ~-
SOU~HOLO