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Home My WebLink About6309 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road RO. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 FINDINGS, DELIBERATIONS, AND DETERMINATION MEETING OF SEPTEMBER 22, 2009 ZBA FILE # 6309 -Application by JOHN and BARBARA SEVERINI LOCATION OF PROPERTY: 565 Gull Pond Lane, Greenport CTM 1000-35-4-28.27 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. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated May 14, 2009 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP: This application is confirmed to be consistent with Town Code, Chapter 268, based on the information submitted on the LWRP Consistency Assessment Form and the Memorandum from the Town LWRP Coordinator dated August 17, 2009. PROPERTY FACTS/DESCRIPTION: The subject property is an 18,602 square foot lot (excluding 7,946 square feet of underwater land) running 143.10 feet along Fordham Canal to the north, 170.00 feet along the eastern border, 140.00 feet the Main Road (Route 25) to the south, 116.99 + 150.00 feet along the western border, 238.87 feet along the northern border, and 181.84 + 125.95 feet along the eastern border. The lot is improved with a single family house, survey dated June 14, 2007 and revised on September 13 and November 29, 2007 and January 30, April 17, May 2, May 16, and June 4, 2008, prepared by John C. Ehlers, Land Surveyor. BASIS OF APPLICATION: Request for a Variance from Zoning Code Section 280-116 and 280-124, b~sed on the Building Inspector's January 26, 2009 Notice of Disapproval concerning a proposed addition to the existing dwelling, which new construction will be: (1) less than the code required minimum of 15 feet on a single side yard, and (2) less than 75 feet from the bulkhead adjacent to Fordham Canal. Page 2 - September 22, 2009 ZBA # 6309 - Application by JOHN and BARBARA SEVERINI Location of Property: 565 Gull Pond Lane, Greenport CTM 1000-35-4-28.27 FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on August 27, 2009, at which time written and oral evidence was presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicant requests a variance to allow construction with a minimum side setback of 12.4 feet, and a minimum setback of 70 feet from the bulkhead. REASONS FQR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Town Law Section 267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The attached garage to be constructed will be set back 12.4 feet from the side boundary.. The required (side yard) minimum setback for a lot that is under 20,000 square feet, eX,'Cluding the underwater land area, is not 15, but rather 10 feet. The Building Depa~ment has declared in this application that underwater land area should be ~ncluded for the purpose of setbacks. Lot coverage's calculated on the bas's of (buildable) area of land (as per Code Section 280-4 Page 280:9). Lot coverage is also calculated on t~e basis of area of land not underwater. The Board finds no reasonable basis for interpreting the Code as requiring the inclusion of underwater acreage when determining side setbacks. With respect to the setback from the bulkhead, the existing house is set back approximately 43 feet at its closest point. The setback proposed at 70 feet represents the shortest distance from the bulkhead to the garage, which is to be attached to the western side of the house. 2. Town Law'Section 267-b(3)(b)(2). The benefit of an attached garage cannot be achieved by any feasible method other than by pursuit of an area variance. Siting the garage five feet further from the bulkhead will achieve minimal benefit and would have considerable negative effect on proposed floor plan for the placement of an attached garage and on-~ite circulation. 3. Town Law Section 267-b(3~(b)('3). The proposed variance is not substantial. The variance with respect to setback from the bulkhead pertains to an insignificant portion of the house and amounts to a 7% variance for that portion. The variance with respect to the side setback is solely the result of a questionable interpretation of the code, and would in any case be insubstantial. 4. Town Law'Section 267-b(3)(b)(5). The difficulty, so far as applicant chose to construct an attached, rather than an accessory, garage has been self-created. Page 3 - September 22, 2009 ZBA # 6309 - Application by JOHN and BARBARA SEVERINI Location of Property: 565 Gull Pond Lane, Greenport CTM 1000-35-4-28.27 5. Town Law Section 267-b(3)(b}(4). No evidence has been submitted to suggest that a variance in this residential community will have a significant adverse impact on the physical or environmental conditions in the neighborhood. The applicant has reached written agreement with a neighbor concerning any possible effects of the proposed construction on the trees along their shared property line. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, a motion was offered by Member Simon, seconded by Member Weisman, and duly carried, to AFFIRM that no variance is necessary regarding the side setback, and to GRANT the variance regarding a setback from the bulkhead as shown on the survey of proposed plan prepared by John C. Ehlers dated 6-4-2008 (date stamped ZBA May 4, 2009) and Pages 1-5 of elevation diagrams prepared by Gerard E. Meyer, Architect dated April 23, 2009. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant'S diagrams or survey site maps, are not authorized under this application when involving nonconformities under the 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 rese~es the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Goehringer Schneider. (Absent was Member Horning~ution w~/~ //f3e~ard"P. Goe-hringe-r, Cfiairl //~pproved for Filing , eisman, and 4-0). ~/'/2009 h RECI~IVED ,~ Io'. ,7 OCT 9 2009. Southold Town Clert 5U~V1E¥ OF 51TUA'I~: EAST MARION ~I=OLL ~TY, I~ .~VL~; 06-14-2OO'/ REVI~SD: Oq-113-2OO'1, 01-~-2008, O4-1-/-2008', 05-02-200~, 05-1&-200~,, 0&--04-200~, .5~FFOLK COgNTY TAX LOT # IOOO - ~,5 - 4- - 2~,2.-'/ ~F~APHIC, E~_,ALE I" = ~O' N E MAP EWED BY ZBA ~EE DECISION # / Ij~3_ LOT GOVEt~k(~E AND N~'~[~EG ~ GOVEf~A~E EXISTIN~ Pl,"il:l I INE~ 1~4 5F F_.XlSTIN6 PIOOD DECK.5 (A'rTAC, t-ED) -~q~ .5t= EXI~TINE~ ~ D~C,K.~ (E:~TAf-,I'IED) 4~5 E~ EXISTIN~ t,4A..~ON~¥ I'~a~_K..~ IqO ~ I=XI~TII'~, .E:,HE~ IO~ ~ PROPOEJ~P TOTAL BUILDIN6 AREA 3,.52,5 ~ F~P-,.C,,.ENT LOT C, OV'B::RA{~ Iq.O~ JOHN C. EHLERS LAND SURVEYOR 6 EAST MAIN STREET N.Y.S. LIC. NO. 50202 RIVERHEAD, N.Y. 11901 369-8288 Fax 369-8287 REF.-\\Compaqserver~pros\02\02-286 PROP. GARAGE 04-16-2008.pro ..o...._....o... -'-*'-~"' -""'- ..-..-- =* zs~ .,, S~U~ A~O~ F~NT OF &A*A&E Ab~ EAST ELEVA~ON scale: J/4" = 1' _0,, NORTH WEST ELEVA~ON scole: 1/4" = 1,.0" - % /' ~',;, .*~ FIRST FLOOR PLAN-----scale:,LL "~ SEE DECISION SECOND FLOOR PLAN scale: 114": ~ED~/__ i *:~}'/ , ' , REVIEWED ~Z ~~:=~ SEE DECISIO~" ~ :~ ' ~ ' ' ~" "~ ~DATED FOUNDA~ON PLAN ~ce!e: 1/4" = 1'-0'_~ j 01/27/200B 0B:39 76~6~1 BOARD OF TRUSTEES PAGE 01 TO: J'ohn Scverini 565 Gull Pond La, Gn~np~rt, NY 11944 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL DATE: January 26, 2009 Please take notice that your application dated January 16, 2009 For permit for an addition to an existing dwelling at Location of property: 565 Gull Pond Lane, Greenport County Tax Map No. 1000 - Section 35 Block 4 Lot 28.27 Is returned herewith and disapproved on the gollowing grounds: The construction, on this non-conforming +20,000 sq. ff. lot in the R40 District, is not permitted pursuant to Article XXIII, Sec'don 280-124 which states: "This section is intended to provide minimum standards for granting of a building permit for the principal buildings of lots which are recognized by the town under 280-9, are nonconforming and have not merged pursuant to 280-10. The required minimum side yard setback is 15'. The survey indicates a minimum side yard setback of 12.4'. Also, the construction is not permitted pursuant to Article XXII, Section 280-116 which states: "All buildings or structures located on Pots upon which a bulkhead, ... exists & which are adjacent to tidal water bodies other than sounds shall be set back not less than 75' fi.om the bu khead." The proposed addition is setback 70' from the bulkhead. OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD RECEIVED MEMORANDUM 1 8 Z009 To: Gerard Goehringer, Chair Town of Southold Zoning Board of Appe~s~ From: Mark Terry, Principal Planner \~,,~ LWRP Coordinator ~ BOARD OF APPEALS Date: August 17, 2009 Re: ZBA file Ref. No.6309. JOHN and BARBARA SEVERINI Location: 565 Gull Pond Lane, Greenport SCTM 1000-35-4-28.27 The proposed action is for a request for variances under Sections 280-116 and 280-124, based on the Building Inspector's January 26, 2009 Notice of Disapproval concerning a proposed addition to the existing dwelling, which new construction will be: (1) less than the code required minimum of 15 feet on a single side yard, and (2) less than 75 feet from the bulkhead adiacent to Fordham Canal. On October 15, 2009 the Southold Board of Trustees issued a permit for the proposed action with the following conditions listed below (in part) to further the LWRP policies: 1. Permit conditions require that the applicant install: a. A pervious driveway and walkway from relocated stairs to deck. b. A drywell to capture roof runoff, and c. A 5' non-turf buffer landward of the bulkhead. 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 CONSISTENT with the denoted following Policy Standards and therefore is CONSISTENT with the LWRP provided that the above best management practices are implemented. Pursuant to Chapter 268, the Southold Town Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Jennifer Andaloro, Assistant Town Attorney DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE THOMAS A. ISLES, A.I.C.P DIRECTOR OF PLANNING Town of Southold ZBA 53085 Main Road PO Box 1179 Southold, NY 11971 Att: Gerard Goehringer, Chairman May 14, 2009 Dear Mr. Goeringer: Pursuant to the requirements of Sections A 14 14-23 of the Suffolk County Administrative Code, the following applications submitted to the Suffolk County Planning Commission are to be a matter for local determination as there appears to be no significant county-wide or inter-community impact. A decision of local determination should not he construed as either an approval or disapproval. Applicants Hamilton Ciaglo Connolly Chemushka (c/o Amy Martin) Bloethe Wenk (c/o Mark Schwatz) Franke (c/o Amy Martin) Myers (c/o Pecouic Permit Expediting) Shinn Vineyard, LLC Severini Mun~ipalFileNumhers 6299 6300 6301 6302 6303 6304 6305 6306 6308 6309 Very truly yours, Thomas A. Isles Director of Planning Theodore R. Klein Senior Planner TRK:ds LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR P.O. BOX 6100 (631) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 853-4044 September 3, 2009 Southold Town ZBA To Whom It May Concern: I have spoken to and have received Mr. John Severini's letter stating that he will take every precaution to protect and preserve the trees along our shared property line which could be threatened by his planned addition. I understand that Mr. Severini has sought the advice of an arborist and is comfortable that the trees will be unharmed. Should the trees be damaged, Mr. Severini has indicated that he would take full responsibility and rectify the situation. I consider Mr. Severini's statements binding and have every expectation that he will follow through as indicated. Respectfully submitted, Greenport, NY 11944 8/29~2009 To: Zoning Board of Appeals Town of Southold RE: 565 Gull Pond Lane Oreenport Case # 6309 Map # 35-4-28.27 Pursuant to your request in the meeting of August 27, 2009 1 have spoken with my neighbor Bob Wieczorek regarding the proposed addition to my house and the potential effect to his trees that separate our two properties. I have assured him that I will take every possible step to mitigate the damage to the trees and root structure during construction, including having an arborist present during the pruning and excavating for the foundation. In the event the trees are damaged by the eonstroction, I will take full responsibility and rectify the problem. I have copied Mr Wieezorek on this letter, and requested he confirm our agreement. I trust this satisfies your request, if you have any other questions please contact me at 631 477-8602. Respectfully, Fee: $ _/~/fD Filed By~ Office Notes: For Office Use Only Date Assigned/Assignment No. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS Parcel Location: House No. 565 Street GULL POND LANE Hamlet GREENPORT SCTM 1000 Section 35 Block 4 Lot(s).28.27 Lot Size26,549S.F. Zone DistrictR-40 1 (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: JANUARY 26, 2009 BASED ON MAP DATED JUNE 4, 2008 Applicant(s)/Owner(s): JOHN SEVERINI Mailing Address:8 WOODHILL PATH, ST. JAMES, NY 11780 Telephone: 631-862-6601 Fax: NOTE: th addition to the abovE, please completed below if applicant is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative: EN-CONSULTANTS, INC for (X) O~ler, or ( ) Other: Agent's Address: 1319 NORTH SEA ROAD SOUTHAMPTON, NY 11968 Telephone: 631-283-6360 F ax: 631-283-6136 Email: RHERRMANN~ENCONSULTANTS.COM Please check box to specify who you wish correspondence to be mailed to, from the above names: [] Applicant/Owner(s), or [] Authorized Representative, or [] Other Name/Address Below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED 6-4-08 AN APPLICATION DATED: t-16-09 FOR: [] Building Permit [] Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built Construction Other: and DENIED Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article XXlll Section 280- 124 Subsection B Article xxn Section 280- 116 Subsection B Type of Appeal. An Appeal is made for: [] A Variance to the Zoning Code or Zoning Map. [] A Variance due to lack of access required by New York Town Law-Section 280-A. [] Interpretation of the Town Code, Article XXlll Section 280-124(B)& [] Reversal or Other XXIl 116-B A prior appeal [] has [] has not been made at any time with respect to this property. UNDER Appeal No. 5303 Year2003 . (Please be sure to research before completing this question or call our office for assistance). Name of Owner: JOHN SEVERINI ZBA F!le # , REASONS FOR APPEAL (additional sheets may be used with preparer s signatWe): AREA VARIANCE REASONS. t4L¥ 4 (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: SEE ATTACHED (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: SEEATTACHED (3) The amount of relief requested is not substantial because: SEE ATTACHED (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: SEE ATTACHED (5) Has the alleged difficulty been self-created? ( )Yes, or ( )No. SEE ATTACHED This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Check this box ( ) IF A USE VARIANCE IS BEING REQUESTED, AND PLfASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure to consult your attorney.) Signatt[re o~Appellant or A~'~thorized Agent (Agent must submit written Authorization from Owner) Sworn to before me this ~ da A m.~_ t 2009 ROBERTE. HERRMANN COASTAL MANAGEMENT SPECIALIST No~ryXP~ublic ' [ v' We hereby appeal the Building Department's interpretation of Article XXIII Section 280-124(B), specifically the application of a minimum side yard setback requirement of 15 feet based on the classification of the subject lot as having an area "between 20,000 and 39,999 square feet," i.e., 26,549 square feet. Specifically, it is our position that because the parcel consists of 7,947 square feet of underwater land, the Building Department should have used an area of 18,602 square feet for the purpose of determining lot area and the corresponding minimum side yard setback requirement set forth by 280-124(B). Were this area used, the lot would be classified as having an area "less than 20,000 square feet," for which a minimum side-yard setback of 10 feet is required, a setback exceeded by the proposed 12.4-foot setback from the proposed addition to the side property boundary. Thus, we argue that but for the Building Department's interpretation, relief from Article XXIII Section 280-124(B) would not be necessary. Our argument is premised upon the following. Because Article I Section 280-4 ("Definitions") offers no definition of "[lot] area" and Article XXIII section 280-124 is silent as to whether underwater lands are to be excluded from lot area for the purpose of applying yard requirements, the Building Department is left with the discretion to render this determination. When applying its discretion, we argue that the Building Department's determination must be rendered consistently with any prior decision made by the Board of Appeals with respect to the subject property. In this case, it was the Board's prior determination in 2003 as part of Decision No. 5303 that the subject parcel has a lot area of 18,602 square feet, which by clear inference excluded the 7,947 square feet of underwater land. The fact that the Board's determination of lot area did not expressly affect the relief that was being granted at that time is immaterial. It is reasonable to conclude 1) that the proposed lot coverage and yard setbacks incorporated in that application would have been required to meet those set forth by §280-124(B) for a lot having the area stated in the Board's decision, i.e., 18,602 square feet; and 2) that the project's conformance or lack thereof with those requirements would have been considered by the Board at that time. It appears that the Building Department failed to consider or considered and arbitrarily dismissed the precedent set by this prior decision. We argue further that even in the absence of the prior decision, the Building Department should have sought guidance from and rendered a determination consistent with the other sections of Code that speak to the inclusion or exclusion of underwater lands for the purposes of determining lot area. Specifically, Article XXII Section 280-113 excludes underwater land from lot area for the purpose of computing density for development; and Article i Section 280-4 ("Definitions") excludes underwater land from lot area in the definition of "buildable lands," i.e., the lot area upon which allowable lot coverage calculations are based. That is, if underwater land is per Code excluded from lot area for the purpose of determining the portion of lots qualifying as "buildable land," how then can underwater land be reasonably judged by the Building Department to be included in lot area for the purpose of applying the yard requirements that define "buildable area?" (see attached portion of Town Code). By doing so, the Building Department is determining the lot area to be 18,602 square feet for the purpose of calculating allowable lot coverage while simultaneously determining the lot to be 26,549 square feet for the purpose of applying yard requirements. As a result, lot coverage is restricted to 3,720 square feet rather than the less restrictive 5,309 square feet that would be allowed for a 26,549 square-foot lot while a 15-foot side- yard setback is required instead of the less restrictivel 0 feet feet that would be required for a lot smaller than 20,000 square feet. Regardless of whether this inherently inconsistent and inequitable result of the Building Department's interpretation is arbitrary or by design, we argue that the Board of Appeals should reject it and provide the Department with future direction to consistently exclude underwater lands when determining lot area for the purpose of applying yard requirements pursuant to Article XXIII Section 280-124(B). Otherwise, underwater lands could be inconsistently included or excluded from lot area calculations, apparently depending on whichever produces the greatest possible restriction on buildable area. In light of the Town Board's recent efforts to redefine and further restrict the definition of"buildable lands," this would not seem to be a tenable paradigm to maintain. AREA VARIANCE REASONS FOR APPEAL 1. An undesirable change will not be produced in the character of the neighborhood or a detriment to nearby properties because: Notwithstanding the Board's decision on our appeal of the Building Department's interpretation regarding Article XXIII Section 280-124(B), the 2.6 feet of relief necessary to construct the proposed garage addition would not produce an undesirable change in the character of the neighborhood nor a detriment to the affected property to the north due to the de minirnis scope of the necessary relief; the commonness of attached garage structures to the neighborhood; and the location of the adjacent northerly dwelling, which is similarly located 12.2 feet from the shared side property boundary. a) The 5 feet of relief sought from Article XXII Section 280-116B would not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties because the surrounding neighborhood consists of a heavily developed shorefront with similarly developed properties containing structures located less than 75 feet from fronting bulkheads, including the adjacent properties. The addition also would not change the character of the existing development on the subject property with respect to the dwelling's relationship to the bulkheaded canal, as the addition was specifically designed on the landward side of the existing dwelling and minimized in scope to the maximum extent practicable to maximize the wetlands setback, which in this case is equal to the required setback from the bulkhead. (The addition was situated on the landward side of the dwelling so as to be exempt from the required 75-foot bulkhead setback pursuant to §280- 116B(1), but it was apparently the Building Department's interpretation that the addition is not located on the landward side of the existing dwelling). The Board previously approved 37 feet or roughly 49% of setback relief for the dwelling, which at its closest point is presently located approximately 43 feet from the bulkhead. 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: a) Notwithstanding the Board's decision on our appeal of the Building Department's interpretation regarding Article XXIII Section 280-124(B), the location, design, and scope of the garage addition has already been designed to attain the greatest practicable side-yard setback. However, with the imposition of a 15 rather than 10-foot side-yard setback requirement, the addition cannot entirely avoid the need for relief due to the location of the existing dwelling relative to the westerly property boundary. b) The location, design, and scope of the garage addition have been designed to minimize to the maximum practicable extent relief from the 75-foot bulkhead setback, but the addition cannot entirely avoid the need for minimum relief from this setback given the existing location of the dwelling relative to the bulkhead. 3. The amount of relief requested is not substantial because: a) Notwithstanding the Board's decision on our appeal of the Building Department's interpretation regarding Article XXIII Section 280-124(B), the 2.6 feet or 17% relief from same is both mathematically insubstantial and insubstantial in fact due to the fact that the affected neighboring property is developed with a dwelling located closer but approximately the same distance (12.2 feet) from the same property boundary. b) The 5 feet or 6.5% relief sought from Article XXIII Section 200-124 Article XXII Section 280- l16B to locate the addition 70 feet from the bulkhead is mathematically insubstantial and insubstantial in fact because the addition will be located to the landward side of the westerly side of the existing dwelling, which is already located approximately 18 feet closer to the bulkhead at that location. The variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because the proposed addition will be constructed on the landward side of an existing dwelling as far from wetlands as is practicable given the existing location of the dwelling and size and configuration of the property. The wetlands adjacent to the site consist of unvegetated littoral zone tidal wetlands located on the seaward side of a bulkhead fronting a deep-water, manmade, dredged canal. The canal is characterized by a heavily developed shoreline where the majority of developments are located preexisting nonconforming distances from the canal's surface waters and wetlands. Nonetheless, the project incorporates specific mitigation measures to minimize any theoretical impacts of the project, including the use of pervious gravel material for the driveway; installation of a drainage system of leaders, gutters, and a drywell to capture and recharge roof runoff; and establishment of a 5-foot wide, approximately 320 square-foot nonturf buffer in place of existing maintained lawn on the landward side of the bulkhead on the westerly side of the property. The project has been approved by the Town Trustees pursuant to Wetlands Permit No. 6989, issued October 15, 2008 and by the New York State Department of Environmental Conservation pursuant to Tidal Wetlands Letter Permit No. 1-4738-03111/00001, issued September 3, 2008. The need for variance relief is self-created to the extent that the expansion is proposed in a location that cannot practicably conform to the two sections of code from which the Building Department has determined relief is required. However, as described in detail above, it is our contention that relief is only required from one section of code, i.e., Article XXIII Section 200-124 Article XXII Section 280-116B. Signature o'f,~pellant or Authorized Agent (Agent must submit written Authorization from Owner) ~worn to (~fo, re me this o2~tl~ ay of '~ ,20 0 9 · Not~ lh~blic APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: JOHN SEVER1NI 1. For Demolition of Existing Building Areas Please describe areas being removed: N/A Date Prepared: APRIL 14, 2009 11. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: 23'-0" x 24'-0" Dimensions of new second floor: 23'-0" x 24'-0" Dimensions of floor above second level: N/A Height (from finished ground to top of ridge): 24'-0" Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: GARAGE EXTENSION FLOOR TO BE CONSTRUCTED AT GRADE 111. Proposed Alterations or Interior Structural Changes without enlargement/extension (attach extra sheet if necessary) - Please describe building areas: Number ofFloors and General Characteristics BEFORE Alterations: I I/2-STORY, ONE-FAMILYDWELLING Number of Floors and Changes WITH Alterations: 1 I/2-STORY, ONE-FAMILY DWELLING WITH ATTACHED TWO-CAR GARAGE. IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: 2,730 S.F. Proposed increase of building coverage: 603 S.F. Square footage of your lot: 18,602 S.F. Percentage of coverage of your lot by building area: 17.92% V. Purpose of New Construction Requested: PROPOSED CONSTRUCTION OF NEW ATTACHED TWO-CAR GARAGE WITH EXTENSION OF MASTER BEDROOM SPACE ABOVE. VI. Please describe the land contours (fiat, slope %, etc.) as exist and how it relates to the difficulty in meeting the code requirement(s): THE LAND 1S GENERALLY FLAT FROM THE ROAD TO THE WATERSIDE OF THE HOUSE WHERE THE LAND BEGINS TO SLOPE MODERATELY TOWARD THE BULKHEADED SHORELINE OF FORDHAM CANAL. THE LAND CONTOURS ARE UNRELATED TO THE PROJECT'S NEED FOR VARIANCE RELIEF. Please submit seven (7) photos, labeled to show all yard areas of proposed construction after staking corners for new construction), or photos of existing building area to be altered (area of requested changes). PHOTOS INCLUDED. 7/2002; 2/2005; 1/2007 QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION Is the subject premises listed on the real estate market for sale? [3Yes []No Are there any proposals to change or alter land contours? [] No [3Yes, please explain on attached sheet. 1) Are there any areas that contain sand or wetland grasses?YES 2) Are these areas shown on the map submitted with this application?YES 3) Is the property bulkheaded between the wetlands area and the upland building area? YES 4) If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction?YES Please confirm status of your inquiry or application with the Trustees: WETLANDS PERMIT NO. 6989, ISSUED 10-15-08. and if issued, please attach copies of permit with conditions and approved map. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? NO Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting?NO (Please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) Do you have any construction taking place at this time concerning your premises? NO If yes, please submit a copy of your building permit and map as approved by the Building Department and describe: Do you or any co-owner also own other land close to this parcel?NO the proximity of your lands on your map with this application. Authorized g'~gaature and Date ROBERT E. HERRMANN COASTAL MANAGEMENT SPECIALIST If yes, please label Please list present use or operations conducted at this parcel RESIDENTIAL, SINGLE-FAMILY DWELL1NG and proposed use (exam~exlsting: single-famUy;.proposed: same with garage or pool, or other description.) 14.16-4 (9/95)--Text 12 PROJECT I.D. NUMBER 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASS~'SMENT For UNLISTED ACTIONS Only PART I -- PROJECT INFORMATION (To be completed by Applicant or Project sponsoi) I APPLICANT/SPONSOR: JOHN SEVERIN[ BY FORM I2. PROJECT NAME ~N-CONSULTANTS, INC. SEQR 3 PROJECT LOCATION: ~ Municipality GP~ENPORT County SUFFOLK 4 PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc, or provide map) 565 GULL POND LANE, GREENPORT, TOWN OF SOUTHOLD; SCTM #1000-35-4-28.27 5. IS PROPOSED ACT [] New ~]N Expansion [] Modification/alteration 6 DESCRIBE PROJECT BRIEFLY: CONSTRUCT AN ATTACHED, TWO-STORY GARAGE ADDITION (EQUIPPED WITH LEADERS AND GUTTERS) TO AN EXISTING TWO-STORY SINGLE-FAMILY DWELLING; INSTALL A PERVIOUS GRAVEL DRIVEWAY; AND INSTALL A DRYWELL TO CAPTURE AND RECHARGE ROOF RUNOFF, ALL AS DEPICTED ON THE SITE PLAN PREPARED BY JOHN C. EHLERS LAND SURVEYOR, LAST DATED JUNE 4, 2008. Initially 0.356 acres Ultimately 0.356 acres ~]Yes [] No If NO, describe briefly [] Residential [] Industrial [] Commercial [] Agriculture [] Park Forest/Open space [] Other [] Y e s [] N o If yes, list agency(s) and permit/approvals DEC, SOUTHOLD TRUSTEES NYS DEC #1-4738-03111/00001 SOUTHOLD TRUSTEES # 6989 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? [~] Yes []N o ~.pplicant/sponsor name ROBE~E. HERRMANN, COASTAL MANAGEMENT SPECIALIST Signature: ..~///~'"""-'-- -- DATE APRIL 21, 2009 If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER PART II- ENVIRONMENTAL ASSESSMENT (To be completed by Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.47 If yes. coordinate the review process and use the FULL EAr E~Yes E]No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR PART 617.67 If no, a negative declaration may be superseded b another involved agency. DYes [~]VN o C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING, (Answers may be handwritten, if legible) C1, Existing air quality. Surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal potential for erosion, drainage or flooding problems! Explain briefly: C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources: or community or neighborhood character? Explain briefly: C3. Vegetation of fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: C4 A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly, C5 Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly. C6. Long term. snort term, cumulative or other effects not identified in CI-C57 Explain briefly. C7 Other impacts (including Changes in use of either quantity or type of energy)? Explain bdefly. D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CEA? i--lyes ~lNo E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? []Yes [] NO If Yes, explain briefly PART III- DETERMINATION OF SIGNIFICANCE (To be Completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with Its (a) setting (i.e. urban or rural), (b) probability of occurring; (c) duration; (d) irreversibility; (c) geographic scope; and (f) magnitude, if necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have boon identified and adequately addressed. If- question D of Part 11 was checked yes, the determination and significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. [] Check this box if you have identified one or more potentially large or significant adverse impa, cts which MAY occur. Then Proceed directly to the FULL EAr and/or prepare a positive declaration. [] Check this box it you have determined, based on the information and analysis above and any supporting documentation that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necessary, the reasons support ng th s determ nation: i~tle o! h[espOnmble gtl*cer Signature of Preparer (It different from responsible officer) Uate Town of Southold A. INSTRUCTIONS 1, LWRP CONSISTENCY ASSESSMENT FORM A II applicants for perm its* including T0w n of S0uth01d agencies, shall c0m piete this C C A F for proposed actions that are subject to the T0wn of S0uth01d W atcrfr0nt C0nsistency Review Law. This assessmentisintendedt0 supplement0therinf0rmati0n used byaT0wn0fS0uth01dagency in m a k in g a d ete r m in a ti0 n 0 f c 0 n s is t e n c y. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, each answer must be explained in detail, listine both suDoortinu and non- suDoortin~, facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 35 4 _ 28.027 PROJECT NAME Jo~ SEVEPaNI The Application has been submitted to (check appropriate response): TownBoard ~ Planning Board [~ Building Dept. ~] Board of Trustees ~] Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: CONSTRUCT AN ATTACHED, TWO-STORY GARAGE ADDITlON (EQUIPPED WlTH LEADERS AND GUTTERS) TO AN EXISTING TWO-STORY SINGLE-FAMILY DWELLING; INSTALL A PERVIOUS GRAVEL DRIVEWAY; AND INSTALL A DRYWELL TO CAPTURE AND RECHARGE ROOF RUNOFF, ALL AS DEPICTED ON THE SIT. E pLAN PREPARED BY JOHN C. EHLERS LAND SURVEYOR, LAST DATED JUNE 4, 2008. ~ Location of action: 565 GULL POND LANE, GREENPORT Site acreage: 061 ACRES Present land use: IMPROVED RESIDENTIAL, SINGLE-FAMILY DWELLING Present zoning classification: R-40 If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: JOHN SEVERINI (b) Mailing address: 8 WOODHILL PATH ST. JAMES, NY 11780 (c) Telephone number: Area Code 631-862-6601 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ] 1 No[~ If yes, which state or federal agency? C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. [~Yes ~] No [~ Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria ~ Yes [-~ No ~ Not Applicable o7 Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria THE PROPOSED ADDITION WILL BE CONSTRUCTED ON THE LANDWARD SIDE OF THE EX1STING DWELLING AS PAR FROM THE BULKHEADED CANAL SHORELINE AS 1S PRACTICABLE AT THIS SITE. THE CANAL 1S CHARACTERIZED BY HEAVILY DEVELOPED SHORELINES WHERE THE MAJORITY OF SUCH DEVELOPMENT IS LOCATED PREEXISTING NONCONFORMING DISTANCES FROM THE CANAL'S SURFACE WATERS AND WETLANDS. THEREFORE, THE PROPOSED ADDITION WILL DO NOTHING TO ALTER THE CHARACTER OF THE SITE OR SURROLrNDING VISTAS AND WILL NOT IMPACT THE VISUAL QUALITY OR SCENIC RESOURCES OF THE AREA. Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria ~Yes ~ No ~ Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria ~ Yes ~'~ No ~ Not Applicable THE PROPOSED ADDITION, WHICH HAS BEEN LOCATED AS FAR FROM THE SURFACE WATERS OF FORDHAM CANAL AS lS PRACTICABLE AT THIS SITE, WILL BE EQUIPPED WITH LEADERS & GUTTERS, AND A DRYWELL WILL BE INSTALLED TO CAPTURE AND RECHARGE ROOF RUNOFF. THE PROPOSED DRIVEWAY WILL ALSO BE COMPRISED OF PERVIOUS GRAVEL MATERIAL TO M1NIMIZE POTENTIAL RUNOFF. Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. ~Yes ~ No ~ Not .Apl~icable WETLANDS AS IS PRACTICABLE GIVEN THE EXISTING LOCATION OF THE DWELLING AND SIZE AND CONFIGURATION OF THE PROPERTY. THE WETLANDS ADJACENT TO THE SITE CONSIST OF UNVEGETATED LITTORAL ZONE TIDAL WETLANDS LOCATED ON THE SEAWARD SIDE OF A BULKHEAD FRONTING A DEEP-WATER, MANMADE, DREDGED CANAL. THE CANAL IS CHARACTERIZED BY A HEAVILY DEVELOPED SHORELINE WHERE THE MAJORITY OF DEVELOPMENTS ARE LOCATED PREEXISTING NONCONFORMING DISTANCES FROM THE CANAL'S SURFACE WATERS AND WETLANDS. NONETHELESS, THE PROJECT INCORPORATES SPECIFIC MITIGATION MEASURES TO MINIMIZE ANY THEORETICAL IMPACTS OF THE PROJECT, INCLUDING THE USE OF PERVIOUS GRAVEL MATERIAL FOR THE DRIVEWAY; INSTALLATION OF A DRAINAGE SYSTEM OF LEADERS, GUTTERS, AND A DRYWELL TO CAPTURE AND RECHARGE ROOF RUNOFF; AND ESTABLISHMENT OF A 5-FOOT WIDE, APPROXIMATELY 320 SQUARE-FOOT NONTURF BUFFER IN PLACE OF EXISTING MAINTAINED LAWN ON THE LANDWARD SIDE OF THE BULKHEAD ON THE WESTERLY SIDE OF THE PROPERTY. THE PROJECT HAS BEEN APPROVED BY THE TOWN TRUSTEES PURSUANT TO WETLANDS PERMIT NO. 6989, ISSUED OCTOBER 15, 2008 AND BY THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION PURSUANT TO TIDAL WETLANDS LETTER PERMIT NO. 1-4738-03111/00001, ISSUED SEPTEMBER 3, 2008 THUS, AS DESIGNED, THE PROJECT WILL BE CONSISTENT WITH POLICY 6. Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. ~ Yes ~-]No~ Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. ~] Yes ~ No ~ Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. Yes [~ No [~ Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting oN~ew wat.er-depen.dent uses in suitable locations. See LWRP Section IH - Policies; Pages 47 through 56 for evaluation criteria. ~] Yes ~] No [~ Not Applicable ~o~ Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. [~ Yes [--'] No [~ Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. ~] Yes [--] No [~ Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. ~] Yes [~] No [~ Not Applicable PREPARED BY RT.~HER~ ROBE ANN TITLEcoASTALMGMTSPEC1ALIST DATE 4/21/09 Amended on 8/1/05 APPLiCANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics nrohibits conflicts of interest o~ the part of town officers and emnlovees. The vumose of this form is to urovide information which can alert the town ofvossible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOURNAME: tierrmannv Robert E. (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, ihdicate the other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Variance / Change of Zone Approval of plat Exemption from plat or official map Other (lf"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 ,~ If you answered "YE", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of South~ld Title or position of that person Describe the relationship between yourself (the applicant/agantJreprasentative) 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 corpemfion); __.B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this of 200 q Signature Print Name ' -~r ~. ~~ Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http:Hsoutholdtown.northfork, net BOARD OF' APPEALS ' TOWN OF' SOUTIiOLD Tel. (631) 765-1809 Fax (631) 765-9064 53095 Main Road P.O. Box 1179 Southold, NY 11971--0959. FACSIMILE TRANSMITTAL SHEET == TO: Fax # TO I AL NO. OF PAGES INCLUDING COVER: SENB~-~;S TELEPHONE NUMBER: 765-1809 (press ! at voice oxcording) [] URGENT F.~ROR YOUR UPDATE ~-] PLEASE COMMENT [] A$ REQUESTED [] NOTES/COMMENTS: Please find attached copy/copies of the follo~. Thank you. Sender's Initials: AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD WHEN TO USE THIS FORM: The form must be completed by the applicant for any special use permit, site plan approval, use variance, or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in agricultural districL .41l applications requiring an agricultural data statement mUst be referred to the Suffolk CounO~ Department of Planning in accordance with sections 239- m and 239~n of the General Municipal Law. 1) Name of Applicant: ~J- (oio~L-r&fffS, J~JC, 23 ~'-/,~'~._ 2)AddressofApplicant: {SlCl tdo~.m '5~- ~-olO ~ ¢o~rn,,~,.~'~, Hy Ilqb~ 3) Name of Land Owner (if oth~er than applicant)& 4)AddressofLandOwner: "~ O00vOl. tlt~ ~'~1.~ 5) Description of Proposed Project: 6) Locatiun ofProperty (road and tax map number): ~-~' 7) Is the parcel within an agricultural district? ~No I-lYes If yes, Agricultural District Number 8) Is this parcel actively farmed? [~No nYes 9) Name and addresS 'o~ any owner(s) of land within the agricultural district containing active farm operation(s) locat~l 500 feet of the boundary of the proposed project. (Information may be available through the Tom Assessors Office, Town Hall location (765-1937) or from any public computer at the Town Hall locations by viewing the parcel numbers on the Town of Southold Real Property Tax System. Name and Address (Please use back side of page if more than six property owners are identified.) The lot numbe~ may be obtained, in advance, when requested from the 1938 or the_Zj~ng//l/} Board of Appeals at 765-1809. Office of the Planning Board at 765- Sigrna'~e of Applicant Note: 1. The local board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitation will be made by supplying a copy of this statement. 2. Comment~ returned to the local board will be taken into consideration a~ part of the overall review of this application. 3. The clerk to the local board is responsible for sending copies of the completed Agricultural Data Statement to the property owners identified above. The cost for mailing shall be paid by the applicant at the time the application is submitted for review. Failure to pay at such time means the application is not complete and cannot be acted upon by the board. 1-14-09 APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S AGENT) The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: -.~ ,, a,~. .~.q ~. r~,~t (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance Special Exception If "Other", name the activity: Change of Zone Approval of Plat Exemption fi.om Plat or Official Map Other Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO ~ Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted ~hi~s ~ day of ~ ~{b, ?'' ~o~ Signature: ~ /~ ~- ~ Print Namcq ~ ~ ~ ~&~ ~X EN-CONSULTANTS, INC. ENVIRONMENTAL CONSULTING 1319 North Sea Road Southampton, New York 11968 631-283-6360 Fax: 631-283-6136 www. enconsultants.com April23,2009 Southold Town Zoning Board of Appeals Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971 Attn.: Linda Kowalski MAY 4 2009 Re: John Severini 565 Gull Pond Lane, Greenport SCTM # 1000-35-4-28.27 Dear Linda: Enclosed for review are a total of (8) separate sets of the following: 4. 5. 6. 7. 8. 9. 10. 11. Notice of Disapproval from the Building Inspector. Zoning Board of Appeals application including; a. Questionnaire. b. Applicant's Project Description. c. Transactional Disclosure Form. d. Letter of Authorization. Environmental Assessment Form; Property card; Survey; Building Diagrams; Copy of Findings, Deliberations & Determination of Application No. 5303; DEC and Southold Trustees approvals; Copies of Covenants & Restrictions; and Photographs. Application fee of $600.00. Eight (8) copies of the LWRP Form with an additional survey are also included. I trust this information shall allow you to process our request. Should any additional information be required, please do not hesitate to contact our office. Robeff E. Hen'mann Coastal Management Specialist /khs Enc. TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown,NorthFork.ne~ Examined ,20 Approved ,20__ Disapproved a/c Expkafion ,20 JAN 1:6 2009 BLDG. DEPT. TOWN OF soUT~OLD ;UILDING P~RMiT APPLICATION CHECKLIST Do yc~[v¢ or need the following, befor~ applying7 Board of Health 4 sets of Building Plans PERMIT NO. Planning Board approval Survey Check Septic Form N.Y.S.D.E.C; Trustees Storm-Water Assessment Form Contact: Mail to: Phone: Building Inspector APPLICATION FOR BUILDING PERMIT Date ,20 INSTRUCTIONS a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plma to scale, Fee according to schcduic. b. Plot plan showing location of lot and of buildings on premises, relationship ~o adjr~ining premises or public streets or areas, and waterways. c. The work covered by this application may not bi commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or.ha~ nbt been completer} Within 18 months from Such date. If no zoning amendments or other regulations affecting the ~property have bee~i enacted in the interim~ the Buiiding InsPector may authori½e, in W~iting, the extension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the constmctio~ of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on prem/ses and in building for nedessary inspections. [J (Signature of applicant or name, if a corporation) Poto~> C~,O~', ~,~, ~..l'--t (Mailing address of applicant) State wkether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Nameofownerofpremises ..lC:~h~ *T I~l~g,,z~ (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Tradds License No. 1. Location of land on which proposed work will be done: House Number Street County Tax Map No. 1000 Section Subdivision (Nme) Hamlet Block ~. Lot State existing use and occupancy of premises ~ int~nde.d ~e ~.d occupa~[~ proposed construction: a. Ex~stmg use and occupancy t~q~,.~L.'-f tl)~L~C.[~D ~ b. Intended use and occupancy Nature of work (check which applicable): New Building Additior~ Repair Removal Demolition Other Work Estimated Cost ~..~'<::>, ~a~ c:> Fee If dwelling, number of dwelling units If garage, number of cars r2-. Alteration (Description) (To be paid on filing this application) Number of dwelling units on each floor If business, commergial or mixed occupancy, specify nature and extent of each type of use. Dimensions of existing structures, if any: Frotu ~O'- d Rear ~C~ - (~' Height. 'Z~3' '~ Number Of Stories I t/.Z. Dimensions of same structure with alteratiom} or additions: Front ~' '+- Depth '2"/£O'' Height '22; :t: Number of Stories Depth Rear '-/~' +- 8. Dimensions of entire new construction: Front M, ~, Rear Height Number of Stories 9. Size oflot: Front 14~> Rear [ 4~.[0w .Depth 10. Date of Purchase ,J O/,~ 9-Jtr~l Name of F0rmer Owner 11. Zone or use district in which premises are situated [~- 4D 12. Does proposed construction violate any zoning law, ordinance or regulation? YES __ 13. Will lot be re-graded? YES__ NO v/ Will excess fill be removed from premises? YES __ 14. Names of Owner of premises ~--~xlal;2.1,~ [ Address ~[2~e'~t~o2-I'~ b~phoneNo. Name of Architect Address Phone No Name of Contractor Address Phone No. NO NO ,/ 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES ,/ NO __ * IF YES, SOUTHOLD TOW'N TRUSTEES & D.E.C. PBRIvlITS MAY BE REQUIRED. b. Is'this property within 300 feet ofatidal wetland? * YES ,/ NO__ * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. 18. Are there any covenants and restrictions with respect to this property? * YES__ · IF YES, PROVIDE A COPY. NO x/ STATE OF NEW YORK) SS: COUNTY OF u. g) / '~O }3 IQ. /~ ~M~r I ~'~ 1 being duly sworn, deposes and says that (s)he is the applicant (Name of individual siLmlng contract) above named, (S)He is the (Contractor, Agent, Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. 20oq Swonl to before me thia v/I Notary Public #~~~'1~ . ~..0.1B[6O.9/i2Y Signature of Applicant ~ EN-CONSULTANTS, INC. 1319 No~h Sea Road Southamp~n, New York 11968 631-283-6360 Fax: 631-283-6136 www. enconsultan~.com ENVIRONMENTAL CONSULTANTs TO WHOM IT MAY CONCERN: This letter will authorize En-Consultants, Inc. to represent me and act on my behalf with regard to environmental matters and/or permits. Print Signature Print Dated: At'PEALS I~OARD NIEMIJER$ BOARD OF APPEALS TOWN OF SOUTI-IOLD MEETING OF SEPTEMBER 95, 2003 ~f:: ~-~0¢ Appl. No. 5303 -John Severini Property Location: 565 Gull Pond Lane, Greenport; Parcel 1000-35-4-28.27. 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 an adverse effecl on the environment if the project is implemented as planned. 5OLIth01d Tewn Hall 53095 Main P.O, Box I [79 Sou~hold, New York ].1971-095g ZBA Fax (631) 765-9064 Telephone (631) 765-1809 ' Ii (: p :!!so.~rh ol dtc, w n, nec,~ h.fo~ k,,q st PROPERTY FACTS/DESCRIPTION: The applicant's 18.602 sq. ft. parcel has 140 ft. frontage along the east side of Gull Pond Lane in Greenpo,~. The property is improved with a bNo-story frame house with garage. BASIS OF APPLICATION: Building Department's January 10, 2003 Notice of Disapproval, citing Section 100-239.4B in its denial of a building permit to construct additions to the existing dwelling at less than 10 feet for a single side yard, less than 25 feet total for both side yards, and less than 35 feet from the front lot line. FINDINGS OF FACT The Zoning Board of Appeals held a public headng on this application on May 15, 2003 July 24, 2003 and September 11, 2003, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: Applicant wishes to construct: (1) a proposed one-stow roofed-over, open porch with partial 2nd story outdoor deck with setback variables of 38-40 feet from the existing bulkhead at its closest point, and (2) a proposed One-story addition, a portion of which will replace an existing deck on the side of the dwelling, as shown on the revised 4-22-03 survey map prepared by John C. Ehlers, ES. Aisc shown on the revised 4-22-03 Ehlers map is a proposed partial 2"¢ floor addition to expand an existing bedroom landward of lhe existing dwelling. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials suSmitted and personal inspections, the Board makes the followin§ findings: 1. Grant of the area variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Most of the new addition is landward of the existing dwelling areas, and only the new roofed-over open porch E'd !,099-~99 I,$9 !upe^es' uqo? ~!,0:0l, 60 9E JelAI Page 2 - Sep[emoer 25, :)003 Appl. No. 5303 - J. ar~c B. Severi;~i 35-4-28.27 at Greenport extends closer to the bulkhead. The roof line is proposed by applicant as an extension over the enclosed porch. Applicant submitted information during the public hearings indicating there will be no additional living space and no increase in bedrooms, and that there will be only minimal ground disturbance, Aisc submitted was a written September 5, 2003 from Crowley Marine Construction indicating that they visited the property and found the bulkhead face pilings, timber wales, backing system and sheathing to be in good shape, without adverse effect to the existing structures. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for lhe applicant to pursue, other than an area variance. The nonconforming setbacks to the bulkhead have existed on this 18,602 sq. it, lot for many years. The area for any building is limited. 3. The relief granted herein is substantial because the code requires a setback of 75 feet to the bulkhead, and the applicant is requesting 38 feet at its closest point. The reduction ts 50% of the code required 75 feet. 4. The difficulty was self-created when the new construction was planned and designed in a location that did not conform to the current Town Code requirements. 5. There is no evidence that the grant of the relief requested will have an adverse effect or impact on physical or environmental conditions in the neighborhood or district. This is a waterfront community consisting of small lots, most of which are improved with single- family dwellings, information has been submitted to confirm that the bulkhead is structurally sound and most of the proposed construction is landward from the house. 6. Grant of the relief requested is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an open porch and additions, 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 Homing, seconded by Member Goehringer, and duly carded, to GRANT the variance as requested, as shown on the revised plan prepared by John C. Ehlers, L,S. dated 4~22-2003, and plans prepared by Gerard E. Meyer, Architect last dated January 10, 2003, with a ZBA date stamp of June 25. 2003, SUBJECT TO THE FOLLOWING CONDITION: Inslallation of roof qutters and down spouts for proper drainaqe into a drvwell. g'd 1,099-E9g l, g9 !u!JeAeS UqOl' el, 0:0~. 60 98 JB[AJ Page 3 - September 25, 2003 Aapl. ~'4o. 5303 - J. and B. Severini 35-4-28 27 at Greenport 'Fhis action does not authorize 0¢ condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Tortora (Chairwoman), Goehringer, Homing, and Oliva. (Absenl was Member Orlando.) This Resolution was dub/adopted (4-0). Lydia ,E.. ~d'rt~r~ C~'ai~wom~n -- ,~pproved for Filing '¢'d 1,099-~99 t. g9 !u!Je^eS uqo[' el, O:OI, 60 9g ~eR 5111JATE., F--AST HARION TOI,~., 5CX/TI'-~LP JOHN C. EHLERS LAND SURVEYOR 6 E~,ST MAIN STREET bi.Y.S. LIC. biO. 50202 R1VI~R~IEAD. N.Y. 11901 L 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 Fsx (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD October 15, 2008 Mr. Robert E. Herrmann Eh-Consultants, Inc. 1319 North Sea Road Southampton, NY 11968 RE: JOHN SEVERINI 565 GULL POND LANE, GREENPORT SCTM# 35-4-28.27 Dear Mr. Herrmann: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, October 15, 2008 regarding the above matter: WHEREAS, En-Consultants, Inc., on behalf of JOHN SEVERINI applied to the Southold Town Trustees for a permit under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated September 24, 2008, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council and to the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, the LWRP Coordinator recommended that the proposed application be found Inconsistent with the LWRP, and, WHEREAS, the Board of Trustees has furthered Policy 6 of the Local Waterfront Revitalization Program to the greatest extent possible through the imposition of the following Best Management Practice requirements: a line of staked hay bales and silt fencing is installed prior to construction, the installation of a 5' non-turf buffer landward of the bulkhead, and WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on October 15, 2008, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the teStimony and documentation submitted concerning this application, and, WHEREAS, the s~ructure complies with the standards set forth in Chapter 275 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that for the mitigating factors and based upon the Best Management Practice requirement imposed above, the Board of Trustees deems the action to be Consistent with the Local Waterfront Revitalization Program pursuant to Chapter 268-5 of the Southold Town Code, and, RESOLVED, that the Board of Trustees approve the application of JOHN SEVERINI to construct an attached, two-story garage addition (equipped with leaders and gutters) to an existing two-story single-family dwelling; install a pervious gravel driveway; and install a drywell to capture and recharge roof runoff; relocate the existing deck stairs and add a pervious walkway from stairs to deck; construct retaining wall for terracing landward of bulkhead, with the conditions of a line of staked hay bales and silt fencing installed prior to construction, the installation of a 5' non-turf buffer landward of the bulkhead and as depicted on the survey prepared by John C. Ehlers Land Surveyor, last dated June 4, 2008 and received on September 24, 2008 and on the site Plan prepared by Creative Environmental Design, dated October 20, 2008, and received on October 21,2008. 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, · Doherty President, Board of Trustees JMD/eac BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 6989 DATE: OCTOBER 15~ 2008 ISSUED TO: JOHN SEVERIN1 PROPERTY ADDRESS: 565 GULL POND LANE~ GREENPORT SCTM# 35-4-28.27 AUTHORIZATION Pursuant to the provisions of Chapter 275 and/or Chapter 111 of the Town Code of the Town of S outhold and in accordance with the Resolution of the Board of Trustees adopted at the meeting held on October 15. 2008. and in consideration of application fee in the sum of $250.00 paid by John Severini and subject to the Terms and Conditions as stated in the Resolution, the Southold Town Board of Trustees authorizes and permits the following: Wetland Permit to construct an attached, two-story garage addition (equipped with leaders and gutters) to an existing two-story single-family dwelling; install a pervious gravel driveway; and install a drywell to capture and recharge roof runoff; relocate the existing deck stairs and add a pervious walkway from stairs to deck; construct retaining wall for terracing landward of bulkhead, with the conditions of a line of staked hay bales and silt fencing installed prior to construction, the installation of a 5' non-turf buffer landward of the bulkhead and as depicted on the survey prepared by John C. Ehlers Land Surveyor, last dated June 4, 2008 and received on September 24, 2008 and on the site plan prepared by Creative Environmental Design, dated October 20, 2008, and received on October 21, 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. .,James King Dent SOUTHOLD TRUS'TEES No. ~ '" Issued ~o Address THIS NOTICE MUST BE DISPLAYED DURING CONSTRUCTION TOWN TRUSTEES OFFICE,TOWN OF SOUTHOLD SOUTHOLD, N.Y. 11971 TEL.: 765-1892 5URVE'r' OF: PIP.,OF'~:t<T'r' SIT1JATE~ F-A.~T F"IARION TOI'NN~ .50UTHO~ SUFFOLK COUNT'F, N'F ?PROVED BY %'~RD OF TRUSTEES '~OWN OF SOUTHOLD N JOHN C. EHLERS LAND SURVEYOR 6 EAST MAIN STREET N.Y.S. LIC. NO. 50202 5CI'A,V. ID Ioo~-55-4-ZB.27 § 280-4 ZONING § 280-4 attachment meets the requirements of livable floor area. [Added 5-31-1994 by L.L. No. 10-1994] BUILDABLE AREA- The area of a lot remaining after the minimum yard and open space requirements of this chapter have been met. BUILDABLE LAND-- The area of a lot or parcel, not including the square footage of tidal and freshwater wetlands, land seaward of the coastal erosion hazard area line, beaches, bluffs, primary dunes, secondary dunes, or underwater lands. The terms "wetlands," "beaches," "bluffs," and "underwater lands" shall have the meanings set forth in Chapter 275, Wetlands and Shoreline, of the Town Code. The terms "coastal erosion hazard area line," "primary dunes" and "secondary dunes" shall have the meanings set forth in Chapter I l 1, Coastal Erosion Hazard Areas, of the Town Code. BUILDING- A structure wholly or partially enclosed within exterior walls, or within exterior and party walls, and a roof, affording shelter to persons, animals or property. [Amended 11-12-1997 by L.L. No. 26-1997; 12-8-1998 by L.L. No. 27-1998] BUILDING AREA-- The aggregate of the maximum horizontal cross section of the buildings on a lot, measured between the exterior faces of walls. (I) The term "building area" shall include the following: (a) Balconies. (b) Terraces, patios, decks and other structures above the finished grade. (c) Swimming pools, tennis courts and other similar structures. (2) The term "building area" shall exclude the following: (a) Cornices, eaves, gutters, chimneys and fireplaces, projecting not more than 28 inches from exterior walls. (b) Steps and open porches, projecting not more than five feet from exterior walls and having an area of not more than 30 square feet. (c) First-story bay windows projecting not more than three feet from exterior walls and exterior cellar doors projecting not more than six feet from exterior walls. BUILDING LINE- A line formed by the intersection or a horizontal plane at average grade level and a vertical plane that coincides with the exterior surface of building on any side. In case of a cantilevered section building, the vertical plane will coincide with the most projected surface. BULKHEAD- A structure or barrier the intended use for which is to separate and act as a hamer between earthen material and water. [Added 7-13-1993 by L.L. No. 14-1993] 280:9 0s. 15.2oo7 SS 280-111 SOUTHOLD CODE § 280-113 (8) Reduction and processing of wood pulp and fiber, including paper mill operations. E. Operations involving stockyards, slaughterhouses and slag piles. F. Storage of explosives. G. Quarries. Storage of petroleum products. Notwithstanding any other provisions of this chapter, storage facilities with a total combined capacity of more than 20,000 gallons, including all tanks, pipelines, buildings, structures and accessory equipment designed, used or intended to be used for the storage of gasoline, fuel oil, kerosene, asphalt or other petroleum products, shall not be located within 1,000 feet of tidal waters or tidal wetlands. I. Encumbrances to public roads. [Added 8-8-2006 by L.L. No. 12-2006] (1) No person shall intentionally discharge or cause to be discharged any water of any kind onto a public highway, roadway, right-of-way or sidewalk causing a public nuisance, hazardous condition, or resulting in flooding or pooling in or around the public area, including neighboring properties. (2) No person shall place or cause to be placed obstructions of any kind, except the lawful parking of registered vehicles, upon a public highway, roadway, right-of-way or sidewalk that unreasonably interferes with the public's use of the public highway, roadway, right-of-way or sidewalk. § 280-112. Provisions for community water, sewer and utility facilities. Where public sewer and/or public water and/or public or private utility systems are required, no building or premises to be serviced by such systems shall be used or occupied nor shall a certificate of occupancy be issued with respect to the use and occupancy of such buildings and/or premises unless and until all such required systems and facilities have been constructed and are in proper operating condition and have been approved by all agencies having jurisdiction thereof. § 280-113. Land under water; filled land. Streams, ponds, tidal marshes and portions of Long Island Sound and its various bays and estuaries, lying within the boundaries of the Town of Southold, whether or not so indicated on the Zoning Map as being in a particular use district, shall be considered as being in the most-restricted use district abutting thereon, and such zoning classification shall continue in force regardless of any filling or draining of such lands. Nothing herein contained shall be construed to permit the filling or dredging of such land. For the purpose of computing density for the development of any lot or lots, no land under water, unless filled pursuant to law, shall be included in computing the minimum lot area for each dwelling unit permitted under the appropriate zoning district in which the property lies. 280:116 0~. 01: 20o~ § 280d23 ZONING § 280-124 (b) Nothing in this article shall be deemed to prevent the remodeling, reconstruction or enlargement of a nonconforming or conforming nonresidential building with a nonconforming use or construction of an addition to existing building(s) or additional building on the premises, so long as said increase in size of the building(s) created by enlargement of the existing buildings or structures or by the construction of a new and separate building or structure does not result in an increase in the overall building footprint(s) of more than 30%, except that said increase shall not exceed the applicable maximum lot coverage, and all other setback and area requirements shall apply, provided that the following site remediation measures, in full or in part, as shall be determined by the Planning Board within its sole discretion, are included as an essential element of the aforesaid expansion: [1] Substantial enhancement of the overall site landscaping and/or natural vegetation. [2] Employment of best visual practices by upgrades to existing building facades and/or design of new buildings and/or the additions to existing buildings which accurately or more accurately depict the historic and/or existing rural character of the immediate and nearby neighborhood(s). A nonconfolqning building containing a nonconforming use which has been damaged by fire or other causes to the extent of more than 50% of its fair value shalI not be repaired or rebuilt unless the use of such building is changed to a conforming use. § 280-124. Nonconforming lots. [Amended 11-28-1995 by L.L. No. 23-1995] A. This section is intended to provide minimum standards for granting of a building permit for the principal buildings of lots which are recognized by the Town under § 280-9, are nonconforming and have not merged pursuant to § 280-10. B. Such lot shall be required to meet the following: [Amended 3-4-1997 by L.L. No. 5-1997] Yard Area Lot Front Side Both Sides Rear (square feet) Coverage (feet) (feet) (feet) (feet) 200,000 to 399,999 5% 60 30 60 100 120,000 to 199,999 10% 60 30 60 85 80,000 to 119,999 20% 60 20 45 75 60,000 to 79,999 20% 55 20 45 75 40,000 !o 59,999 20% 50 20 40 60 .:,20,000 to 39,999 20% 40 15 35 50 Less than 20,000 20% 35 10 25 35 280:121 05 - 01 - 2006 CC #: C09-3400 COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original DECLARATION recorded in my office on0'1/2612009 under Liber D000'12578 and Page 822 and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this 01/26/2009 SUFFOLK COUNTY CLERK JUDITH A, PASCALE SEAL SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION Number of Pages: 4 Receipt Number : 09-0007688 District: 1000 Recorded: 01/26/2009 At: 04:18:00 PM LIBER: D00012578 PAGE: 822 Section: Block: Lot: 035.00 04.00 028. 027 EXAMINED AND CHARGED AS FOLLOWS Page/Filing COE TP-584 Cert. Copies Received the Following Fees For Above Instrument Exempt Exempt $20.00 NO Handling $20.00 NO $5.00 NO NYS SRCHG $15.00 NO $0.00 NO Notation $0.00 NO $5.00 NO RPT $30.00 NO Fees Paid $95.00 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County Number of pages This document will be public record, Please remove all Social Security Numbers prior to recording. Deed / Mortgage instrument 31 Page/Filing Fee C'2~/(---) TD-584 Notation EA-52 ~ 7 (County) EA-B217 (State) R.P.T.S.A. ,~_~ Comm. of Ed. S. O0 Affidavit NYS Surcharge 15. 00 Other Deed / Mortgage Tax Stamp FEES Sub Total Su Tota, Grand Total qff~d~ Real Prc ~ Tax Sen Agem Verifica 6 1000 03500 0400 028027 ]27 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: En-Consultants, Inc. 1319 North Sea Road Southampton, NY 11968 Mail to: Judith A, Pascale, Suffolk County Clerk I 7 I 310 Center Drive, Riverhead, NY 11901IC°'Name www.suffolkcou ntyny.gov/clerk I Title # Recording / Filing Stamps Mortgage Amt. 1. Basic Tax 2. Additional Tax SubTotal Spec./Assit, or Spec./Add. TOT. MTG. TAX Dual Town __ Dual County Held for Appointment Transfer Tax Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES __ or NO If NO, see appropriate tax clause on page # __ of this instrument. Community Preservation Fund Consideration Amount $ CPF Tax Due $ Improved. Vacant Land __ TD TD TD Title Company Information Suffolk County Recording & Endorsement Page This page forms part of the attached by: Barbara & John Severini Declaration of Covenants (SPECIFY TYPE OF INSTRUMENT) The premises herein is situated in SUFFOLK COUNTY, NEW YORK. made TO in the TOWN of Southold Town of ~m]thold IntheVILLAGE Board of Trustees or HAMLETof Greenport BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING, (over) DECLARATION OF COVENANTS THIS DECLARATION made this 16th day of January, 2009, by Barbara and John Severini, residing at 8 Woodhill Path, St. James, NY 11780, hereinafter referred to as "DECLARANTS": WI TNE S SETH : WHEREAS, the DECLARANT$ are the owners of certain real property located on Gull Pond Lane, Greenport, Town of Southold, County of Suffolk, State of New York, described in the Suffolk County Tax Map as District 1000, Section 35, Block 04, Lot 28.27, which is more particularly bounded and described as set forth in Schedule "A" annexed hereto, hereinafter referred to as the Property; WHEREAS, the Property is situated on lands within the jurisdiction of the Board of Trustees of the Town of Southold (hereinafter the "Trustees") pursuant to Chapter 275 of the Town Code of the Town of Southold or its successor, and various activities conducted upon the property may thus be subject to the regulation and approval of the Trustees prior to being conducted; WHEREAS, the DECLARANTS therefore made application to the Trustees for a permit pursuant to the Wetlands Law of the Town of Southold to undertake certain regulated activities; and WHEREAS, as a condition of the granting of a Wetlands Permit to undertake such regulated activities, the Trustees required that a five-foot wide "nonturf buffer" be established adjacent to and landward of the bulkhead on the Property, NOW, THEREFORE, the DECLARANTS do hereby covenant and'agree a follows: 1) Upon the substantial completion o[ the aforementioned permitted activities there shall be established and subsequently maintained adjacent to and landward of the bulkhead on the Property a five- foot wide "nonturf buffer" as defined by Chapter 275 of the Town Code; and 2) This requirement may only be modified by the DECLARANTS, their heirs, assigns, purchasers, or successors in interest upon resolution of the Trustees. IN WITNESS WHEREOF, the owners have duly [4 '~ day of ~O }%~, 2~A9.~°O~ executed this instrument this Barbara Severini ~John SevJrini STATE OF COUNTY On the I~l~day of k]~O~l~ ~OQ , in the year ~00, before me the undersigned, a Notary Public in ~and for said State, personally appeared Barbara and John Severini, personally known to me or proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their capacity, and that by their signatures on the instru/aent, the executed Ndtary Public individual or the persons on behalf of which the individuals acted, the instrument. ~~ ,~_~ ScheOul¢ A ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, being a part ora described parcel on "Map of Fordham Acres, Section 2," filed in the Office of the Clerk of Suffolk County on April 6, 1965 as Map No. 4605, said pan of described parcel being more particularly bounded and described as follows: BEGINNING at a point on the northeasterly side of Gull Pond Lane, distant 497.82 feet southeasterly, as measured along the same, from the comer formed by the intersection of the southeasterly side of Middle (North) Road with the northeasterly side of Gull Pond Lane; RUNNING THENCE Noah 66 degrees 01 minute 20 seconds East 165 feet more or less to the southwesterly side of a dredged canal; THENCE 'along the southwesterly side of said dredged canal, along a tie line only, South 63 degrees 04 minutes 30 seconds East 143.10 feet; THENCE South 66 degrees 01 minutes 20 seconds West 170 feet to the northeasterly side of Gull Pond Lane; THENCE along the northeasterly side of Gull Pond Lane North 61 degrees 29 minutes 10 seconds West 140 feet to the point of BEGINNING. COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK CC #: C08-23832 I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original DECLARATION recorded in my office on10117/2008 under Liber D00012568 and Page 980 and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this 10/1712008 SUFFOLK COUNTY CLERK JUDITH A, PASCALE SEAL SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION Number of Pages: 4 Receipt Number : 08-0100754 Recorded: At: LIBER: PAGE: District: Section: Block: 1000 035.00 04.00 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Page/Filing $20.00 NO Handling COE $5.00 NO NYS SRCHG TP-584 $0.00 NO Notation Cert. Copies $5.20 NO RPT Fees Paid THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL 1011712008 09:54:01 A~ D00012568 980 Lot: 028.027 Exempt $20.00 NO $15.00 NO $0.00 NO $30.00 NO $95.20 Judith A. Pascale County Clerk, Suffolk County Number of pages This document will be public record. Please remove all Social Security Numbersc~ prior to recording. Deed / Mortgage Instrument Deed / Mortgage Tax Stamp Recording / Filing Stamps 31 Page/Filing Fee Handling TP-584 Notation EA-52 17 (County) EA-5217 (State) R.P.T.S.A. Comm. of Ed. Affidavit rCertified Cop~~ NY'S'Sur~harge Other Rea/Pro Tax Serv Agenc Verifical 6 FEES Sub Total randTota, % 1000 03500 0400 02802'7 327 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: En-Consultants, Inc. 1319 North Sea Road Southampton, NY 11968 Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec./Assit. or Spec./Add. TOT. MTG. TAX Dual Town __ Dual County __ Held for Appointment Transfer Tax Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES or NO If NO, see appropriate tax clause on -~ page# of this instrumer~k 5 Community Preservation Fund Consideration Amount CPF Tax Due $ Improved. Vacant Land TD TD TD Mail to: Judith A. Pascale, Suffolk County Clerk Title Company Information 310 Center Drive, Riverhead, NY 11901 Co. Name www.suffolkcou ntyny.gov/clerk Title# Suffolk County Recording & Endorsement Page This page forms part of the attached by: John & Barbara Severini Declaration (SPECIFY TYPE OF INSTRUMENT) The premises herein is situated in SUFFOLK COUNTY, NEW YORK. made TO In the TOWN of Southold New York State Department IntheVILLAGE of Environmental Conservation orHAMLETof Greenport BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) DECLARATION THIS DECLARATION made this~'"'/?~ day of October, 2008, by John and Barbara Severini, residing at 8 Woodhill Path, St. James, New York 11780, hereinafter referred to as 'Declarants': WITNESSETH: WHEREAS, the Declarants are the owners of certain real property located in Greenport, Town of Southold, County of Suffolk~ State of New York, Suffolk County Tax Map District 1000, Section 35, Block 4, Lot 28.27, which is more particularly described in Exhibit A annexed hereto and hereinafter referred to as the "Property"; and WHEREAS, the Property is situated in or adjacent to regulated tidal wetlands which have been inventoried and mapped by the New York State Department of Environmental Conservation (hereinafter "Department"), pursuant to Environmental Conservation Law (hereinafter "ECL') Article 25 (also known as the "Tidal Wetlands Act") and Part 661 of Title 6 of the New York Code of Rules and Regulations (hereinafter "6 NYCRR"); and WHEREAS, various activities conducted both in and adjacent to tidal wetlands are regulated by the Department pursuant to ECL Article 25 and Part 661 of 6 NYCRR and require written authorization from the Department prior to being conducted; NOW, THEREFORE, in recognition of the Department's jurisdiction as set forth above, it is the responsibility of a party having any right, title, or interest in the Property, to obtain from the Department or any successor organization, a current description of all activities which are regulated pursuant to ECL Article 25 and Part 661 of 6 NYCRR, and to obtain written authorization from the Department prior to such regulated activities being conducted on the Property. Regulated activities include, but are not limited to clearing of vegetation; application of chemicals; excavation; grading and filling; dredging; erection of structures; construction or reconstruction of shoreline erosion structures; and construction and reconstruction of docks and bulkheads. John Severini Babara Severini STATE OF NEW YORK ) COUNTY OF -.~'J?~oz/~ ) ss.: On the ¢~---~ day of (~cz-~ , in the year 2008, before me the undersigned, a Notary Public in and for said state, personally appeared John and Barbara Severini, personally known to me or proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their capacity, and that by their signatures on the instrument, the person(s) or entity upon behalf of which the persons acted, executed the instrument. LIE)IA VARGAS Notary Public, Stat,* of New York Oualifiecl in Suffolk County Reg. No. 01VA6145106 My Comm~,~lon Expires 5~I 2010 NOTARY PUBLIC 2 Schedule A ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, being a part of a described parcel on "Map of Fordham Acres, Section 2," filed in the Office of the Clerk of Suffolk County on April 6, 1965 as Map No. 4605, said part of described parcel being more particularly bounded and described as follows: BEGINNING at a point on the northeasterly side of Gull Pond Lane, distant 497.82 feet southeasterly, as measured along the same, from the comer formed by the intersection of the southeasterly side of Middle (North) Road with the northeasterly side of G-ull Pond Lane; RUNNING THENCE North 66 degrees 01 minute 20 seconds East 165 feet more or less to the southwesterly side of a dredged canal; THENCE along the southwesterly side of said dredged canal, along a tie line only, South 63 degrees 04 minutes 30 seconds East 143.10 feet; THENCE South 66 degrees 01 minutes 20 seconds West 170 feet to the northeasterly side of Gull Pond Lane; THENCE along the northeasterly side of Gull Pond Lane North 61 degrees 29 minutes 10 seconds West 140 feet to the point of BEGINNING. DEC PERMIT NUMBER 1-4738-03111/00001 FACILITY/PROGRAM NUMBER(S) PERMIT Under the Environmental Conservation Law EFFECTIVE DATE September 3, 2008 EXPIRATION DATE(S) November 9, 2013 TYPE QF PERMIT [] New [] Renewal · Modification [] Permit to Construct [] Permit to Operate []Adicle 15, Title 5: Protection of Waters [] Article 15, Title 15: Water Supply [3 Article 15, Title 15: Water Transport [] Article 15, Title 15: Long Island Wells [] Article 15, Title 27: Wild, Scenic and Recreational Rivers [] Article 17, Titles 7, 8: SPDES [] Article 19: Air Pollution Control [] Article 23, Title 27: Mined Land Reclamation · Article 24: Freshwater Wetlands · Article 25: Tidal Wetlands [3 Article 27, Title 9; 6NYCRR 373: Hazardous Waste Management [] Article 34: Coastal Erosion Management [] Article 36: Floodplain Management [] Articles 1, 3, 17, 19, 27. 37; 6NYCRR 380: Radiation Control [] 6NYCRR 608: Water Quality Certification PERMIT ISSUED TO John Severini Article 27, Title 7; 6NYCRR 360: Solid Waste Manacjement ITELEPHONE NUMBER (631) 862-6601 ADDRESS OF PERMITTEE 8 Woodhill Path, Saint James, N.Y. 11780 CONTACT PERSON FOR PERMITTED WORK En-Consultants, Inc. 1319 North Sea Road, Southampton, N.Y. 11968 NAME AND ADDRESS OF PROJECT/FACILITY ITELEPHONE NUMBER (631) 283-6360 Sevedni Property, 565 Gull Pond Lane, Greenport COUNTY TOWN WATERCOURSE Suffolk Southold DESCRIPTION OF AUTHORIZED ACTIVITY: INYTM COORDINATES E: N: Construct an addition to existing single family dwelling, garage and driveway. All work shall be done in accordance with NYSDEC plan stamped approved on 9/3/08 and prepared by John C. Ehlers on 6/14/07, last revised 6/4/08. By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, the General Conditions specified and any Special Conditions included as part of this )ermit. DEPUTY PERMIT ADMINISTRATOR: Susan V. Ackerman (CAF/ AUTHORIZED !IGNAT ,~E ADDRESS Region 1 Headquarters SUNY ~ Stony Brook, 50 Circle Road, Stony Brook, NY 11790 - 3409 September 3, 2008 Pa~e 1 of 5 NEW Y STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION SPECIAL CONDITIONS Tidal Wetlands Special Conditions: 1. Any debris or excess material from construction of this project shall be completely removed from the adjacent area and removed to an approved upland area for disposal. No debris is permitted in tidal wetlands or protected buffer areas. 2. Disturbance to natural vegetation or topography greater than 25 feet seaward of the approved structure is prohibited. 3. Necessary erosion control measures e.g., staked haybales, silt fencing, etc. are to be placed on the downslope edge of any disturbed areas. This sediment barrier is to be put in place before any disturbance of the ground occurs and is to be maintained in good and functional condition until thick vegetative cover is established. 4. Roof runoff shall be directed into dry wells a minimum of 100 linear feet landward of the tidal wetland boundary for immediate on-site recharge. 5. Driveways and parking areas shall be constructed of NYSDEC approved pervious materials. 6. Roads, driveways and parking areas shall be graded to direct runoff away from tidal wetlands and protected buffer areas. 7. 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. Freshwater Wetlands Special Conditions: 8. Any work, disturbance, and storage of construction materials shall be confined to within the "Limits of Clearing and Ground Disturbance" as shown on the approved plan. 9.Prior to commencement of any construction activities, a continuous row of straw bales shall be staked end to end as shown on approved plans. The bales shall be maintained, repaired and replaced as often as necessary to ensure proper function, until all disturbed areas are permanently vegetated. The average useful life of a bale is approximately 3-4 months. Sediments trapped by the bales shall be removed to an approved upland location before the bales themselves are removed. 10. Straw bales shall be recessed two to four inches into the ground. 11. Any demolition debris, excess construction materials, and/or excess excavated materials shall be immediately and corn pletely disposed of on an approved upland site more than 100 feet from any regulated freshwater wetland. These materials shall be suitably stabilized so as not to re-enter any water body, wetland, or wetland adjacent area. 12. All fill shall consist of clean soil, sand and/or gravel that is free of the following substances: asphalt, slag, flyash, broken concrete, demolition debris, garbage, household refuse, tires, woody materials including tree or landscape debris, and metal objects. The introduction of materials toxic to aquatic life is expressly prohibited. 13. The driveway must be resurfaced with a permeable material. 14. All equipment and machinery shall be stored and safely contained greater than 100 feet landward of the regulated wetland or water body 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 storage tanks shall be contained and located at all times in an area greater than 100 feet landward of the regulated wetland or water body. If the above requirement cannot be met by the permittee, then the storage area must be designed to completely contain any and all potential leakage. Such a containment system must be approved by NYSDEC staff prior to equipment, machinery or tank storage within 100 feet of the regulated wetland or water body. DEC PERMIT NUMBER I PAGE 2of5 1-4738-03111/00001 I NEW YO~STATE DEPARTMENT OF ENVIRONMENTAL CONSERg'~N SPECIAL CONDITIONS 15. All areas of soil disturbance resulting from this project shall be seeded with an appropriate perennial grass, and mulched with straw im mediately upon completion of the project, within two (2) days of final grading, or by the expiration of the permit, whichever is first. Mulch shall be maintained until a suitable vegetative cover is established, if seeding is impracticable due to the time of year, a temporary mulch shall be applied and final seeding shall be performed as soon as weather conditions favor germination and growth. 16. Suitable vegetative cover is defined as a minimum of 85% areal vegetative cover with contiguous unvegetated areas no larger than 1 square foot in size. 17. The permittee shall incorporate the following language as a notice covenant to the deed: "Regulated freshwater wetlands associated with GP-13 are located on/near the properties of John Severini and his, her, their heirs, assigns or successors. This property is subject to the provisions of Environmental Conservation Law (ECL) Article 24, and the conduct of regulated activities may occur only pursuant to ECL Article 24 if prior approval is given by the New York State Department of Environmental Conservation (NYSDEC) or its successor (s). Regulated activities include, but are not limited to clearing of vegetation; application of chemicals; excavation; grading and filling; and erection of any structure (s)." This deed covenant shall be recorded with the Clerk of Suffolk County within 90 days of the issuance of this permit. A copy of the covenanted deed or other acceptable proof of record, along with the number assigned to this permit, shall be sent within one calendar year of the issuance of this permit to: NYSDEC, Regional Manager BEP, Suny @ Stony Brook, 50 Circle Road, Stony Brook, N.Y. 11790-3409 DEC PERMITNUMBER I PAGE 3 Of 5 1-4738-03111/00001 I ADDITIONAL GENERAL CONDITIONS FOR ARTICLES 15 (TITLE 5), 24, 25, 34 AND 6NYCRR PART 6O8 ( TIDAL WETLANDS) If future operations by the State of New York require an alteration in the position of the structure or work herein authorized, or if, in the opinion of the Department of Environmental Conservation it shall cause unreasonable obstruction to the free navigation of said waters or flood flows or endanger the health, safety or welfare of the people of the State, or cause loss or destruction of the natural resources of the State, the owner may be ordered by the Department to remove or alter the structural work, obstructions, or hazards caused thereby without expense to the State, and if, upon the expiration or revocation of this permit, the structure, fill, excavation, or other modification of the watercourse hereby authorized shall not be completed, the owners, shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore to its former condition the navigable and flood capacity of the watercourse. No claim shall be made against the State of New York on account of 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. 3. All necessary precautions shall be taken to preclude contamination of anywetland or waterway by suspended solids, sediments, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious materials associated with the project. 4. Any material dredged in the conduct of the work herein permitted shall be removed evenly, without leaving large refuse piles, ridges across or along the bed of a waterway or floodplain, deposits within any regulatory floodway, or deep holes that may have a tendency to cause damage to navigable channels or to the banks of a waterway. 5. There shall be no unreasonable interference with navigation by the work herein authorized. If upon the expiration or revocation of this permit1 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 a ny portion of the uncompleted structu re or fill and restore the site to its former condition. No claim shall be made against the State of New York on account of any such removal or alteration. If granted under 6NYCRR Part 608, the NYS Department of Environmental Conservation hereby certifies that the subject project will not contravene effluent limitations or other limitations or standards under Sections 301,302,303, 306 and 307 of the Clean Water Act of 1977 (PL 95-217) provided that all of the conditions listed herein are met. At least 48 hours prior to commencement of the project, the permittee and contractor shall sign and return the top portion of the enclosed notification form 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 strict conformance with the approved plans submitted by the applicant or his agent as part of the permit application. Such approved plans were prepared by John C. Ehlers on 6/14/07, last revised 6/4/08.~and stamped NYSDEC, approved on 9/3/08. DEC PERMIT NUMBER 1-4738-03111/00001 PAGE 4 of 5 NEW YO~STATE DEPARTMENT OF ENVIRONMENTAL CONSER'J~N NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS Item A: Permittee Accepts Legal Responsibility and Agrees to Indemnification The permittee, excepting state or federal agencies, expressly agrees to indemnity and hold harmless the Department of Environmental Conservation of the State of New York, its representatives, employees, and agents ("DEC") for all claims, suits, actions, and damages, to the extent attributable to the permittee's acts or omissions in connection with, or operation and maintenance of, the facility or facilities authorized by the permit whether in compliance or not in compliance with the terms and conditions of the permit. This indemnification does not extend to any claims, suits, actions, or damages to the extent attributable to DEC's own negligent or intentional acts or omissions, or to any claims, suits, or actions naming the DEC and arising under Article 78 of the New York Civil Practice Laws and Rules or any citizen suit or civil rights provision under federal or state laws. Item B: Permittee's Contractors to Comply with Permit The permittee is responsible for informing its independent contractors, employees, agents and assigns of their responsibility to comply with this permit, including all special conditions while acting as the permittee's agent with respect to the permitted activities, and such persons shall be subject to the same sanctions for violations of the Environmental Conservation Law as those prescribed for the permittee. Item C: Permittee Responsible for Obtaining Other Required Permits The permittee is responsible for obtaining any other permits, approvals, lands, easements and rights-of-way that may be 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 dpadan dghts 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 all other permit types. Submission of applications for permit renewal or modification are to be submitted to: NYSDEC Regional Permit Administrator, Region 1 ,SUNY @ Stony Brook, 50 Circle Road, Stony Brook, NY 11790 - 3409 General Condition 4: Permit Modifications, Suspensions and Revocations by the Department The Department reserves the right to modity, 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. I DEC PERMIT NUMBER I 1-4738-03111/00001 PAGE 5 of 5 95-20-t (11/O3) -9d New York State Department of Environmental Conservation NOTIC 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 ROGER EVANS NOTE: This notice is NOT a permit .~JR'V'E"K OF: 51TUATE. EA$T HARION TOI,~.- ..%F:FOLK ~, NY ~RO~ AS PER TERJM[8 N LOT C.O~ AND N'I'.~[::~C AA GO'v'ERA6P JOHN C. EHLERS LAND SURVEYOR 6 EAST MAJN STREET N.Y.S. LIC. NO. 50202 RI~RHRAD, N.Y. 11901 369~288 Fax 369-8287 REF.-\kCompaqserve~ptos%02'~2-286 PROP. GARAGE 06-05-2008.pro JOHN SEVERINI~ 565 GULL POND LANE~ GREENPORT Figure 1. Looking northeast at staked location of proposed garage addition. Figure 2. Looking east from westerly side of property at staked Iocotion of p~oposed ~rage additio" JOHN SEVERINL 565 GULL POND LANE~ GREENPORT Figure 3. Looking north from Gull Pond Lane at staked location of proposed garage addition. .OF SOUTHOLD P~TY Ill,CORD CARD STREET ' VlI.LA~E DISI',I SUB. LOT Extenslo~ Exteasi~n Patio O.B.. Pool Foun ~tatio~ 8°th Dinetl~ Basement Floors' Kit. Walls Fire Place Rn, B. I~erior Finish · LR I-lea! D.R. 1~/o~dslove BR. . COLOR :' - rocteri~on Ext. Wa~,ls T16oe Roof RecreeUo~ F~o~ Interior Fir~sh Roams 2nd FIo6r ELIZABETH A. NEVILLE, RMC, CMC TOVfN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville May 11, 2009 Zoning Appeal No. 6309 Transmitted herewith is Zoning Appeals No. 6309 of John Severini the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Application's Project Description, Qucstiormairc, Short Environmental Assessment Form (2 Pages), LWRP Consistency Assessment Form 5 pages, Transactional Disclosure Form Dated April 24, 2009 Transactional Disclosure Form Dated February 7, 2009, Notice of Disapproval Dated January 26,2009, Letter from En-Consultants, Inc. Listing Items Dated April 23, 2009, Application for Building Permit Disapproved Dated January 26,2009, Property Record Card (3 Pages), Authorization Letter to En-Consultants from John Scvefini to represent him in this matter Dated February 7, 2009, Findings, Deliberations and Determination Meeting of September 25, 2003 Application # 5303 (3 Pages), Letter Dated October 15, 2008 from Town Trustees to Mr. Hcnnann En-Consultants and John Sevefini(6 Pages), 3 Pages of the Zoning Code, Letter from County Clerks Office Judith Pascale Records Office Dated January 26, 2009(6 pages), Letter from County Clerks Office Judith Pascale Records Office Dated October 17, 2008(6 Pages), Department of Environmental Conservation Permit Dated September 3, 2008 ( 7 Pages), Photos (2 pages), 5 Pages of Plans revised and re-issued April 23, 2009, Survey of Property revised June 4, 2008. Town Of Southold P.O Box 1179 Southold, NY 11971 Date: 05/07/09 * * * RECEIPT * * * Receipt'8: 47559 Transaction(s): 1 1 Application Fees Reference Subtotal 6309 $600.00 Check Total Paid: $600.00 Name: Eh-consultants, Inc. 1319 North Sea Ddve Southampton, NY 11968 Clerk ID: CAROLH Internal ID: 6309 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailin~ Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.north fork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 May 12, 2009 Mark Terry, Senior Environmental Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. #6309 (SEVER/NI) Dear Mr. Terry: We have received an application for additions, to an existing structure. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your writter[;evaluation with recommendations for this proposal, as required under the Code procedtires of LWRP Section 268-5D is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Gerard P. Goehringer Chairman Encls. Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailine Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 May 8, 2009 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File #6309 Action Requested: Within 500 feet of: Owner/Applicant: SEVERINI Additions/Alterations ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ( ) Boundary of Agricultural District If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Encls. Gerard P. Goehringer ZBA Chairman Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, AUGUST 27, 2009 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY, AUGUST 27~ 2009: 10:40 A.M. JOHN and BARBARA SEVERINI # 6309. Requests for Variances under Sections 280-116 and 280-124, based on the Building Inspector's January 26, 2009 Notice of Disapproval concerning a proposed addition to the existing dwelling, which new construction will be: (1) less than the code required minimum of 15 feet on a single side yard, and (2) less than 75 feet from the bulkhead. Location of Property: 565 Gull Pond Lane, Greenport; CTM 1000-35-4- 28.27. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please do not hesitate to contact our office at (63t) 765-1809, or by email: Linda. Kowalski@Town. Southold.ny.us. Dated: August 5, 2009. ZONING BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1__ week(s), successively, commencing on the 13"' day of August, 2009. Sworn to before me this Prir~cipal Clerk 53095 Main Road (MailingiUSP~) BO. Box [ 179 Sout hold, Ny 11971.0959 NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME SEVERINI, JOHN #6309 MAP # 35-4-28.27 VARIANCE SETBACKS REQUEST ADDITION DATE: THURS, AUG. 27, 2009,10:40 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 zo. . .O^RD oF APP ,S MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road Town Hall Building, P.O Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold ~/~. ~.-, website: http://southtown.northfork.net J u~J.y.~009 . Re: Town Code Chapter 55 - Public Notices for Thursday, August 27, 2009 ~-Iearing Dear Sir or Madam! Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Times Review newspaper. 1 ) Before Au.qustl0th Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction ?area or other request, by 'CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to al._~l owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment mils maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailin,q address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arranqements were made in either a written statement, or durin,q the hearing1 providinq the returned letter to us as soon as possible; 'AND not later tha',n August 'ilth: Please either mail or deliver to our office your Affidavit of Mailing (form enclg~sed) with parcel numbers, names and addresses noted, and furnish to our office with the green/white receipts postmarked by the Post Office. When the green signature cards am returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any signature card is not retumed, please advise the Board during the hearing ,~nd provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later Au.q,ust 19th: Please make arrangements to place the enclosed Poster on a signboard such as..Cardboard, plywood or other material, posting it at your property for seven (7) days (or more): until the hearing is held. Securely place the sign on your property facing the street, no more-than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is available for the additional front yard. Please deliver or mail your:Affidavit of Postin.q for receipt by our office before August 25, 2009. If you are not able t,o meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. {PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, ~' Zoning Appeals Board and Staff Encls. ' ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of John Severini (Name~of Applicants) CTM Parcel #1000- 35 4 _ 28.27 BOARD OF APPEALs AFF~A~IT OF MAILINGS cOUNtY ov SU OLK) SZ^TE OF ¥ovac) dba I, Robert E. Herrmannr~g~atER-Consultants, Inc., . N~n,v York, being duly sWOrn, depose and say that: 1319 North Onthe 7 day of August , 2009., l Personally mailed at the United States Posi Office in Sou~_hampton , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the a~ached Legal Notice in prepaid envelopes adckessed to current owners shown on thc current assessment roll verified from the ofiScia[ records on file with the (x) Assessors, or ( ) County Real Property Office d , for every property which abuts and is across a public or privs;e street, or vehicular right-of-way of record, surrouncl/ng the applicant's properS. ~(Signature) -- ~F&~m to before me this day of 6Lcc~4~ , 200) PLEASE list, oa the back of fids ~idavit or ona'~heet of paper the lot owner nmnes and ~ddresses for which notices were ma/led. Thank you. numbers next to rite ~ PATRICIA & JOHN CASILLO c~ ~,~'~ 31 sHENANDOAH BLVD .... F'""; coRAM, NY 11727 ~CEIVED 'AUG 1 2 ,. 'O9 ~)ARD OF APPEALS m CerUfied Fee ~:~ Return Receipt Fee r--i (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Pool I OFFIC USE I Certified Fee Return Receipt Fee (EndorSement Required) CHARLOTTE & ROBERT L SentTo n- WISSMANN ' ' 715 GULL POND LANE or PO Box '~&'~i;.' GREENPORT, NY 11944 C:l ISentro STERLING CEMETERY ASSOC -~ ~ [ .........eo Box 187 --t 1:3 ~£?~t, Apt. N~ r,- [o,~,~o. ORIENT, NY 11957 "I OFF C AL USE ~ Postmark Return Receipt Fee - (Endorsement Required) ~ Here Restricted DeliveB' Fee (Endorsement Required) ALLISON & ROBERT ~[o~°~o~ 385 GULL POND LANE GREENPORT, NY 11944 ,~t ro DANIEL FOX : ~ ~ 470 WIGGINS LANE ~ [~i~?.~ GREENPORT, NY 11944 ....] · :ADJACENT AND OPI~ITE OWNERS FOR JOHN ~ERINI SCTM # 1000-35-4-28.27 RECBVED AUG ! 2 2009 #1000'35'4'28.26 Allison & Robert Wieczorek II , $85 Gull Pond Lane Oreenport, NY 11944 BOARD OF APPEALS #1000-~;5-4-28.29 Charlotte & Robert Wissmann 715 Gull Pond Lane Greenport, NY 11944 #I000-35-4-28.28 Daniel Fox 470 Wiggins Lane Greenport, NY 11944 #1000-35-4-28.55 Patricia & Joh casillo 31 Shenandoah BIvd Coram, NY 11727 #1000-35-3-13.2 Sterling Cemetery Association PO Box 187 Orient, NY 11957 EN-CONSULTANTS, INC. 1319 North Sea Road Southampton, New York 11968 631-283-6360 Fax: 631-283-6136 www. enconsultants.com ENVIRONMENTAL CONSULTING August 20, 2009 Town of Southold Zoning Board of Appeals P.O. Box 1179 Southold, NY 11971 Fax: 765-9064 Attn: Elizabeth RE: JOHN SEVERINI - 565 GULL POND LANE, GREENPORT Dear Board Members: As you requested, we enclose three remm receipts from the mailing for the public hearing scheduled for August 27, 2009. Also enclosed is the affidavit of sign posting signed by Robert E. He, niann and notarized on the day of posting per your instructions. Truly yours, Linda E. Nappi Administrative Assistant enclosure "[w3r~ Your na~e and addme~ on the mveme · Attach this ca~:l to the ba~k of the ma~lplece, or on the front If space ~ CHARLOTTE & ROBERT WISSMANN 715 GULL POND LANE GREENPORT, NY 11944 2. ~ttlcle Number Ps Fo~n 3811, February 2004 7009 008 Domestic Return Receipt [] Insured Mall [] C.O.D. 4. Reetn~Y~d Deliver? ~a Fee) 0001 3996 7317 · C~mplete items 1, 2, and 3. Also complete I~m 4 If Restricted Delive~ Is desired. · Print your name and address on the reveme mo that we can return the can:l to you. · Attach this card to the back of the mallpiece, or on the front if space permits. DANIEL FOX 470 WIGGINS LANE GREENPORT, NY 11944 O F-~ M~ [] R~um Pac~pt for Memhend~e [] C.O.D. 4. ~ Deliver? ~.x~a ~ee) 2..Ntlcle Numbe~ ?~,~ 7009 0080 0001 3996 7324 ~ ~ Fo~ 3811, ~b~ 20~ ~m~c R~m ~pt ~ L · Complete I~ms 1, 2, and 3. Also complete ~ 4 If Rest~cted Delivery Is desired. · P~nt your name and address on the reverse ~ that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front If space permits. PATRICIA & JOHN CASILLO 31 SHENANDOAH BLVD CORAM, NY 11727 A Signature B. R~ecelved by (PdntedName) lc. 0a~e iIl~llb~a~ D. Is delivery address different from Item 1 ?~ r/1 yes If YES, enter delivery address below: [] No Ps r-o~n 3811, February 2004 7009 0080 0001 3996 7669 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of John ~qo_vo_r ~ ni (Name of Applicants) Regarding Posting of Sign upon Applicant's Land Idant/fied as 1000- 35 ~ 4- 28.27 COUNTY oF SUFFOLK) STATE OF NEW YORK) g UG g 1 20o~ OF SIGN POSTING ~ Robert E. Herrmann ~d~at En-Consultants, Inc. 1~ Sea R_._dNew York, being duly sworn, depose and say that: Southampton Onthe i9 dayof Auqust 2009 , I personally placed the Town's official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten (10) feet or closer from the street or right-of-Way (driveway entrance) - facing the street or facing each street or right-of-way entrance;* and that I hereby confirm that the Poster has remained in place for seven days prior to tFm/t date of thesubject hearing date, wlfich hearing date was sho~~~_ e Au227 , 2009 (Signature) Sworn to befor~ me th/s day of ~ ,2003 "XNotary 13ubhc- *near the entrance or driveway entrance of my property, as the area most visible to passersby. 08/20/2009 10:08 FAX 63[2836136 EN-CONSULTANTS,INC, ~ 001 EN-CONSULTANTS, INC. ENVIRONMENTAL CONSULTING 1319 North Sea Road Southampton, New York 11968 631-283-6360 Fax: 631-283-6136 www.enconsultants corn August 20, 2009 Town of Southold Zoning Board of Appeals ?.0. Box 1179 Southold, NY 11971 Fax: 765-9064 Atto: Elizabeth RE: JOHN SEVER]NI - 565 GULL POND LANE, GREENPORT Dear Board Members: AS you requested, we enclose three return receipts from the mailing for thc public hearing scheduled for Au'gust 27, 2009. Also enclosed is the affidavit of sign posting signed by Robert E. Heiniiann and notadzM on the day of posting pet your instructions. Truly yours, Linda E. Nappi Adminisl~a~ve Assistant enclosure · 1319 Nodh Sea Road Southampton, NY 11968 Phone: (631) 283-6360 Fax: (631) 283-6136 BOARD OF ApP..AL~ To: LINDA @ SOUTHOLD ZBA From: LINDA Fax: 765-9064 Pages: 4 (including cover) Phone,' 765-1809 Date: 8-10-09 Re: SEVERINI [] Urgent For Review [] Please Comment [] Please Reply [] Please Recycle ATTACHED PLEASE FIND THE AFFIDAVIT OF MAILING, A LIST OF ADJACENTS AND OPPOSITES WITH TAX MAP NUMBERS AND COPIES OF THE WHITE RECEIPTS (ORIGINAL COPIES WILL BE MAILED TO YOU TOMORROW (CERTIFIED). 7009 0080 0001 3996 765~ EN-CONSULTANTS INC, 1319 NORTH SEA RD, SOUTHAMPTON, NY 11968 7009 0080 0001 3996 7652 WIECZOREK H 385 GULL POND LANE GREENPORT, NY 11944 ALLISON & ROBERT WIECZOREK H 385 GULL POND LANE GREENPORT, NY 11944 X O_Q~_ffi c e Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 1197 t Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork, net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 FACSIMILE TRANSMITTAL SHEET TO: Date: Fax # TOTAL NO. OF PAGES INCLUDING COVER: SENDER'S TELEPHONE NUMBER: 765-1809 (press I at voice recordh~g) REFERENCE:: [] UF, GENT ~YOUP, UPDATE [] PLEASE COMMENT [] AS REQUESTED NOTES/COMMENTS: Please find attached copy/copies of the following: Tha~fl~ you. Sender's Inifials:(~17 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O, Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 Fax (631) 765-9064 September 29, 2009 By Requ ar Mail and Fax Transmission 283-6136 Mr. and Mrs. John Severini c/o En-Consultants, Inc. 1319 North Sea Road Southampton, NY 11968 Re: ZBA File # 6309 - Application for Setback Variances Dear Mr. and Mrs. Severini: Please find enclosed a copy of the Findings, Deliberations and Decision rendered by the Zoning Board of Appeals on September 22, 2009 concerning the above application. Please be sure to contact the Building Department for continued reviews under the codes regarding the building application process. Thank you. Very truly yours, Encl. Linda Kowalski NOTICE SECTION Og5