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HomeMy WebLinkAboutTR-7190 James F. K~ng, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghos±o, Jr. Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES 72 HOURS PRIOR TO COMMENCEMENT OF THE WORK, TO MAKE AN APPOINTMENT FOR A PRE-CONSTRUCTION INSPECTION. FAILURE TO DO SO SHALL BE CONSIDERED A VIOLATION AND POSSIBLE REVOCATION OF THE PERMIT. INSPECTION SCHEDULE Pre-construction, hay bale line 1st day of construction ~ constructed //'/Project complete, compliance inspection. BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 7190 DATE: SEPTEMBER 23~ 2009 ISSUED TO: DIANA DELUCIA PROPERTY ADDRESS: 4573 WlCKHAM AVENUE~ MATTITUCK SCTM# 107-4-5 AUTHORIZATION Pursuant to the provisions of Chapter 275 and/or Chapter 111 of the Town Code of the Town of Southold and in accordance with the Resolution of the Board of Trustees adopted at the meeting held on September 23, 2009, and in consideration of application fee in the sum of $250.00 paid by Diana Delucia and subject to the Terms and Conditions as stated in the Resolution, the Southold Town Board of Trastees authorizes and permits the following: Wetland Permit to construct a 38'x8' and 42'x10.3' attached wood deck to the existing dwelling, replace the steps, and convert the Windows to slider doors on the seaward side of the dwelling, with the conditions of the installation of gutters, leaders and drywells to contain roof runoff and in accordance with Chapter 236 of the Town Code-Storm Water Runoff, a French drain is installed around the perimeter of the deck, the buffer area 25' seaward from the dwelling is to be planted and maintained with at 4' wide access path to the water, and as depicted on the site plan prepared by Diana ]~eLucia & Albert Leutwyler, received on October 27, 2009, and stamped approved on October 28, 2009. IN WITNESS WHEREOF, the said Board of Trastees hereby causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this date. TERMS AND CONDITIONS The Permittee Diana Delucia, residingat 4573 Wickham Avenue, Mattituck, New York as part of the consideration for the issuance of the Permit does understand and prescribe to the following: That the said Board of Trustees and the Town of Southold are released from any and all damages~ or claims for damages, of suits arising directly or indirectly as a result of any operation performed pursuant to this permit, and the said Permittee will, at his or her own expense, defend any and all such suits initiated by third parties, and the said Permittee assumes full liability with respect thereto, to the complete exclusion of the Board of Trustees of the Town of Southold. That this Permit is valid for a period of 24 months, which is considered to be the estimated time required to complete the work involved, but should circumstances warrant, request for an extension may be made to the Board at a later date. That this Permit should be retained indefmitely, or as long as the said Permittee wishes to maintain the stmctnre or project involved, to provide evidence to anyone concerned that authorization was Originally obtained. That the work involved will be subject to the inspection and approval of the Board or its agents, and non-compliance with the provisions of the originating application may be cause for revocation of this Permit by resolution of the said Board. That there will be no unreasonable interference with navigation as a result of the work herein authorized. That there shall be no interference with the right of the public to pass and repass along the beach between high and low water marks. That if future operations of the Town of Southold require the removal and/or alterations in the location of the work herein authorized, or if, in the opirfion of the Board of Trustees, the work shall cause unreasonable obstruction to free navigation, the said Permittee will be required, upon due notice, to remove or alter this work project herein stated without expenses to the Town of Southold. That the said Board will be notified by the Permittee of the completion of the work authorized. That the Permittee will obtain all other permits and consents that may be required supplemental to this permit, which may be subject to revoke upon failure to obtain same. James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town HallAnnex 54375MainRoad P.O. Box 1179 Southold, NewYorkl1971-0959 Telephone(631) 765-1892 Fax(631) 765-6641 September 23, 2009 BOARD OFTOWNTRUSTEES TOWN OFSOUTHOLD Ms. Diana Delucia 12 South Bay Avenue Eastport, NY 11941 RE: 4573 WlCKHAM AVENUE, MATTITUCK SCTM# 107-4-5 Dear Ms. Delucia: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, September 23, 2009 regarding the above matter: WHEREAS, DIANA DELUClA 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 January 26, 2009, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council and to the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, the LWRP Coordinator recommended that the proposed application be found Inconsistent with the LWRP, and, WHEREAS, the Board of Trustees has furthered Policy 6.3 of the Local Waterfront Revitalization Program to the greatest extent possible through the imposition of the following Best Management Practice requirements: the installation of gutters, leaders and drywells to contain roof runoff and in accordance with Chapter 236 of the Town Code-Storm Water Runoff, a French drain is installed around the perimeter of the deck, the buffer area 25' seaward from the dwelling is to be planted and maintained with a 4' wide access path to the water, and WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on September 23, 2009, at which time all interested persons were given an opportunity to be heard, and, 2 WHEREAS, the Board members have personally viewed and ars familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standards set forth in Chapter 275 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that for the mitigating factors and based upon the Best Management Practice requirement imposed above, the Board of Trustees deems the action to be Consistent with the Local Waterfront Revitalization Program pursuant to Chapter 268-5 of the Southold Town Code, and, RESOLVED, that the Board of Trustees approve the application of DIANA DELUClA to construct a 38'x8' and 42'x10.3' attached wood deck to the existing dwelling, replace the steps, and convert the windows to slider doors on the seaward side of the dwelling, with the conditions of the installation of gutters, leaders and dryweils to contain roof runoff and in accordance with Chapter 236 of the Town Code-Storm Water Runoff, a French drain is installed around the perimeter of the deck, the buffer area 25' seaward from the dwelling is to be planted and maintained with at 4' wide access path to the water, and as depicted on the site plan prepared by Diana DeLucia & Albert Leutwyler, received on October 27, 2009, and stamped approved on October 28, 2009. Permit to construct and complete project will expire two years from the date the permit is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Inspections are required at a fee of $50.00 per inspection. (See attached schedule.) Fees: $ 50.00 Very truly yours, j me~sF. King~ '~ President, Board of Trustees JFK/eac From: Diana DeLucia <dd :.com> Subject: Date: April 9, 2008 8:45:33 AM EDT Bcc: Diana DeLucia <dd@dlnyc.com> Proposal Property consists of a small, cottage situated on 1/3 of a an acre with its northernmost border along Long Creek. The cottage has two access doors (front and east side) with stairways which are both dilapidated and Jn need of replacement. Our proposal is to remove those sets of stairs and replace them with two sets of stairs which would access a deck. The deck would extend from the east side of the house to the front which affords views of the creek and wildlife. Mitigation Plan The cottage has been in disrepair and bee.n a rental for years. There has been no maintainence of the property's plants, grass or trees. The area closest to the cottage where we are requesting permission to place a deck has no plants at all and is bare soil and gravel. Most of the grounds are barren soil except for patches of crabgrass and moss, or along the waters- edge there are phragmides and spartina alternifiora. ~.. Storm run~off is pervasive from the dirt access road as well as from the neighboring property and the water runs down into the creek. To help prevent run-off facilitated by the barren soil, as well as to halt the erosion of the land, we propose to plant native saltwater tolerant grasses and plants such as: prunus maratime, baccharis halimfolia, ilex glabra, myrica pensylvanica, ammophylia breviligulata, juncus effusus, sea lavender and festuca ovina Glauca. We have checked with a local nursery to verify availability of these plants and they are ready to help us make an appropriate landscape plan to achieve these objectives. Diana DeLucia Property Owner ' 4573Wickham Avenue Mattituck, NY diana Diana DeLucia James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Please be advised that your application dated -~c:~c,to~ct ~, ~,CO°/ has been reviewed by this Board at the regular meeting of <~o~::~Jeo,~-e_Fol.~; ~ and your application ha~ been approved De,ding the CO'Diction of the following items checked off below. V/ R~Je~t-Plans for proposed project o~Co~e--5 ,~,~._~.,.~roue~ t/~e.~_.q[for~ iPSo Pre-Construction Hay Bale Line Inspection Fee ($50.00) oar ~'t~. __ 1st Day of Construction ($50.00) __ '~ Constructed ($50.00) V'/ Final Inspection Fee ($50.00) Dock Fees ($3.00 per sq. ft.) Permit fees are now due. Please make check or money order payable to Town of Southold. The fee is computed below according to the schedule of rates as set forth in Chapter 275 of the Southold Town Code. The following fee must be paid within 90 days or re-application fees will be necessary. You will receive your permit upon completion of the above. COMPUTATION OF PERMIT FEES: TOTAL FEES DUE: BY: James F. King, President Board of Trustees FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT NOTICE OF DISAPPROVAL DATE: February 10, 2009 TO: Diana Delucia 12 So. Bay Avenue Eastport, NY 11941 Please take notice that your application dated February 3, 2009 For a permit _for construction of a deck addition to an existing dwelling at Location of property: 4573 Wickham Ave., Mattituck, NY 11952 County Tax Map No. 1000 - Section 107 Block 4 Lot 5 Is returned herewith and disapproved on the following grounds: The proposed addition to a single family dwelling on a non-conformine 12,900 sq. ft. parcel, is not permitted pursuant to Article XXIII Section 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 nonconformin~ and have not merged pursuant to 280-10." Lots measuring between less than 20,000 sq. ft. nhall have a minimum front yard setback of 35' and a mimmum rear yard setback of 35'. According to the survey, the deck will be setback 31.5' in the front yard & 16' in the rear yard. Authorized Signature Donald Wilder, Chairman Lauren Standish, Secretary Town Hall, 53095 Main Rd. P.O. Box 1179 Southold, NY 11971 Telephone (631 ) 765-1892 Fax (631) 765-6641 Conservation Advisory Council Town of Southold At the meeting of the Southold Town Conservation Advisory Council held Wed., February 11,2009, the following recommendation was made: Moved by Don Wilder, seconded by Jack McGreevy, it was RESOLVED to NOT SUPPORT the Wetland Permit application of DIANA DELUCIA to construct a 38'X 8' and 42'X 10.3' attached wood deck to the existing dwelling, and replace the steps. Located: 4573 Wickham Ave., Mattituck. SCTM#107-4-5 Inspected by: Jack McGreevy, Don Wilder The CAC does Not Support the application because of the close proximity to the wetlands. Any structure seaward of the dwelling should be constructed with non-treated lumber, drywells installed in accordance with Chapter 236, no-turf, and no tree removal. Vote of Council: Ayes: All Motion Carried James F. King, President Jill M Dohelly. Vice-President Peggy A Dickerson Dave Bergen Bob Ghosio, Jr P.O. Box I 179 Southold, NY 11971 Telephone (631 ) 765-1892 Fax (631 ) 765-6641 Southold Town Board of Trustees Field Inspection/Worksession Report DateFl'ime:~_ .2,,-t(_~/ DIANA DELUCIA requests a Wetland Permit to construct a 38'X 8' attached wood deck and a 42'X 10.3' attached wood deck to the existing dwelling, and replace the steps. Located: 4573 Wickham Ave., Mattituck. SCTM#107- 4-5 ~alOf area to be impacted: twater Wetland Freshwater Wetland Sound Bay Distance of proposed work to edge of wetland Part of/Town Code proposed work falls under: ~f'apt.275 Chapt. 111 other Type of Application: __ Wetland __Coastal Erosion ___Amendment __Administrative__Emergency Pre-Submission __Violation fl l Present Were: L~.King ~J.Doherty__P.Dickerson__ __ D. Dzenkowski Mark Terry~_,,d'ther ,~. )C~L ~ D. Bergen__ B.Ghosio, Form filled out in the field by Mailed/Faxed to: Date: Environmental Technician Review- ~w ¥om~ S~A~ ~enl~Ml~Og ~r~vmo~E~r ~ co~s~gv~ Facility DEC Ii) 1-4738-03671 PERMIT Under the Environmental Conservation Law (ECL) Permittee and Facility Information Permit Issued To: DIANA DELUCIA 12 SOUTH BAY AVE EASTPORT, NY 11941 Facility: DELUCIA PROPERTY 4573 WICKHAM AVE MATTITUCK, NY 11952 Facility Location: in SOUTHOLD in SUFFOLK COUNTY Facility Principal Reference Point: NYTM-E: 707.247 NYTM-N: 4542.059 Latitude: 41°00'12.2" Longitude: 73°32'08.6.' Authorized Activity: Construct a deck around two sides of the dwelling with two sets of access steps. Install gutters, fi-each drains and a dry well to capture runoff. All work shall be done according to the enclosed plan stamped "NYSDEC Approved." Permit Authorizations Tidal Wetlands - Under Article 25 Permit ID 1-4738-03671/00001 New Permit Effective Date: 1/13/2009 Expiration Date: 1/12/2014 NYSDEC Approval By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, and ali conditions included as part of this permit. Permit Administrator: GEORGE W HAMMARTH, Deputy Regional Permit Administrator Address: NYSDEC REGION 1 HEADQUARTERS SUNY ~ STONY BROOKI50 CIRCLE RD STO~~~' Authorized Signature: Page 1 of 5 ~adHty DEC H) 1-4738-03671 Permit Components NATURAL RESOURCE PERMIT CONDITIONS GENERAL CONDITIONS, APPLY TO ALL AUTHORIZED PERMITS NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS NATURAL RESOURCE PERMIT CONDITIONS - Apply to the Following Permits: TIDAL WETLANDS 1. Conformance With Plans All activities authorized by this permit must be in strict conformance with the approved plans submitted by the applicant or applicant's agent as part of the permit application. Such approved plans were prepared by Diana DeLueia and Albert Leutwyler and are dated Janua~ 2008. 2. Notice of Commencement 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. 3. Notice Covenant The permit holder shall incorporate a restrictive covenant to the deed for the property where the project will be conducted and file it with the Clerk of Suffolk County within 30 days of the effeetive date of this permit. This covenant shall restrict any further development to the property on the seaward side of the existing house. This deed covenant shall run with the land in perpetuity. A copy of this covenanted deed or other acceptable proof of record, along with the number assigned to this permit, shall be submitted within 90 days and prior to the commencement of any regulated activity at the site to: NYSDEC, Marine Habitat Protection, 50 Circle Road, Stony Brook NY 11790-2356, Attn: Compliance. 4. No Construction Debris in Wetland or Adjacent Area Any debris or excess material fi-om construction of this project shall be completely removed from the adjacent area (upland) and removed to an approved upland area for disposal. No debris is permitted in wetlands and/or protected buffer areas. $. No Disturbance to Vegetated Tidal Wetlands There shall be no disturbance to vegetated tidal wetlands or protected buffer areas as a result of the permitted activities. 6. Seeding Disturbed Areas All areas of soil disturbance resulting from the approved project shall be stabilized with appropriate vegetation (grasses, etc.) immediately following project completion or prior to permit expiration, whichever comes first. If the project site remains inactive for more than 48 hours or planting is impractical due to the season, then the area shall be stabilized with straw or hay mulch or jute making until weather conditions favor germination. 7. Storage of Equipment, Materials The storage of construction equipment and materials shall be confined within the project work area and/or upland areas greater than 50 linear feet from the tidal wetland boundary, Page 2 of 5 NEW YORK STATE DEPARTM~OF ENVIRONMENTAL CONSERVATI~ Facility DEC ID 1.-4738-03671 $. Install, Maintain Erosion Controls Necessary erosion control measures; i.e., straw bales, silt fencing, etc., are to be placed on the downslope edge of any disturbed area. 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. 9. Runoff Directed to Upland Drywells Roof runoff shall be directed to drywells a minimum of 60 linear feet landward of the tidal wetland boundary for immediate on-site recharge. 10. State Not Liable for Damage 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 fi-om 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 fi-om any such damage. 11. State May Order Removal or Alteration of Work 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 Depaxtment 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 Deparanent 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. 12. Precautions Against Contamination of Waters All necessary precautions shall be taken to preclude contamination of any wetland or waterway by suspended solids, sediments, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious materials associated with the project. 13. State May Require Site Restoration If upon the expiration or revocation of this permit, the project hereby authorized has not been completed, the applicant shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore the site to its former condition. No claim shall be made against the State of New York on account of any such removal or alteration. GENERAL CONDITIONS - Apply to ALL Authorized Permits: 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 Depas t~x~ent 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). Page 3 of 5 NEW YORK STATE DEPARTMI~llrOF ENVlllONMENTAL CONSERVATI(~[Ilr Facility DEC ID 1-4738-03671 The permittee shall provide a person to accompany the Department's representative during an inspection to the permit area when requested by the Depas hnent. A copy of this permit, including all referenced maps, drawings and special conditions, must be available for inspection by the Depa~hnent 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. 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. 3. Applications For Permit Renewals, Modifications or Transfers The permittee must submit a separate written application to the Depadment for permit 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. Submission of applieatious for permit renewal; modification or transfer are to be submitted to: Regional Permit Administrator NYSDEC REGION 1 HEADQUARTERS SUNY ~ STONY BROOK[50 C1RCLE RD STONY BROOK, NY11790 -3409 4. Submission of Renewal Application The permittee must submit a renewal application at least 30 days before permit expiration for the following permit authorizations: Tidal Wetlands. 5. Permit Modifications, Suspensions and Revocations by the Department The Depmhnent reserves the right to modify, suspend or revoke this permit. 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; noncompliance with previously issued permit conditions, orders of the commissioner, any provisions of the Environmental Conservation Law or regulations of the Depa~hnent related to the permitted activity. 6. Permit Transfer Permits are transferrable unless specifically prohibited by statute, regulation or another permit condition. Applications for permit transfer should be submitted prior to actual transfer of ownership. Page 4 of 5 NEW YORK STATE DEPARTMI~OF ENVIRONMENTAL CONSERVATI(~lit Facility DEC [D 1-4738-03671 NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS Item A: Permittee Accepts Legal Responsibility and Agrees to Indemnification The pennittee, excepting state or federal agencies, expressly agrees to indemnify and hold harmless the Depadment 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 the perrnittee's undertaking of activities 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 thc 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 thc 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 thc pcrmittee any right to trespass upon thc lands or interfere with the riparian rights of others in order to perform the permitted work nor does it authorize the impairment of any rights, title, or interest in real or personal property held or vested in a person not a party to the permit. Page 5 of 5 ~5-20-1 (11~03)-9d New York State Department of Environmental Conservation NOTI CE 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 tothe permit number shown when contacting the DEC. Permit Number Expiration Date Regional Permit Administrator ~/ ROGER EVANS NOTE: This notice Is NOT a permit 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 Ms. Diana Delucia 12 South Bay Avenue Eastport, NY 11941 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765,1809 Fax (631) 765-9064 August 26, 2009 Re: ZBA #6296 - Diana Delucia Variance application Dear Ms. Delucia: Transmitted for your records is a copy of the Board's August 18, 2009 Findings, Deliberations and Determination, the original of which was filed today with the Town Clerk regarding the aboVe application for variances. Please be sure to submit an application for a building permit with three sets of maps and any other documentation (if not already filed) directly with the Building Inspector's Office. You may want to furnish an extra copy of the enclosed when furnishing additional information to the .Building Department. If you have?ny questions, please feel free to call at any time. Very truly yours, Encl. ; Copies of Decisio~ to: Building Depart.ment Town Clerk (Original for filing) Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at yotmgs 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 $OUTHOLD Tel. (631) 765~1809 Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING HELD AUGUST 18, 2009 ZB File # 6296 - Dian~ DeLucia, Applicant Property Location: 457~3 Wickham Avenue, Mattituck CTM # 1000-107-4-5 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 CODF' 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 4/21/09 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. PROPERTY FACTS/E)ESCRIPTION: The subject property is a 12,900 square foot, not including 1500 square feet of wetlands, parqbl as indicated on a site plan prepared by Diana DeLucia and Albed Leutwyler, and July 31, 2006 survey pre,red by Smith, Jung and Gillis, L.S. The property is improved with a single-story 852 square foot frame dwblling. The parcel measures 153.0 feet alOng the Southern properly line to the high water line, 108.81 feet alon~j a tie line adjacent to Long Creek on the Western properly line, 146.5 feet along the Northem property line? and 106.42 feet along the Eastern property line to the private right-of-way. The property has a tidal wetland boqndary along the western edge of the property at Long Creek. BASIS OF APPLICA'I'iON: Requests for Variances under Section 280-124, based on the Building Inspector's February 10, 2009 Notice of Disapproval concerning a proposed deck addition to the dwelling, which new construction will have ,setbacks from the front property line at less than the code-required minimum of 35 feet and from the rear pro ,.~rty line at less than 35 feet: LWRP: TOWN CODEi~HAPTER 268: A letter dated July 17, 2009 from Mark TerrT, Town LWRP Coordinator, addressing the vadan~s requested, made the recommendation that the proposed action is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP provided that the following recommendations to f~rther the below sted policies are implemented. Policy 6. Protect and r~store the quality and function of the Town of Southold ecosystem. 6.3 Protect and restor~ tidal and freshwater wetlands. Page 2- August 18, 2009 ZBA # 6296 - Diana DeLucia, Applicant CTM # 1000-107-4-5 E. Maintain buffers to~nsure that adverse effects of adiacent or nearby development are avoided: 1. Maintain buffers to ~chieve a high filtration efficiency of surface runoff. 2. Avoid permanent or'unnecessary disturbance within buffer areas. 3. Maintain existing indigenous vegetation within buffer areas. The LWRP Coordinator also recommends that a perpetual, natural buffer be required to protect Long Creek. The Board agrees with these recommendations. FINDINGS OF FACT The Zoning Board of ,~ppeals held a public headng on this application on July 30, 2009 at which time wdtten and oral evidence were pi'esented Based upon all testimony, documentation, personal inspection of the properly, and other evidence, t~ Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTFD: The applicant proposes to construct a new deck addition to an existing dwelling as s,~own on the site plan prepared by Diana DeLucia and Albert Leutwyler dated January 2008. The proposed ~hew deck addition will require a Front Yard setback variance and a Rear Yard setback variance. ~ ADDITIONAL INFORMATION The applicant has acquired a NYSDEC permit for the proposed new deck addition. The NYSDE¢ permit is requiring multiple cendifions and obligations, one of which is the installation of dry wells and french ~li'ains. The NYSDEC permit is also requiring the incorporation of a restrictive covenant to the property deed whEh shall restdct any further development to the property on the seaward side (Long Creek) of the existing dwelling. REASONS FOR BOg, RD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Boar~makes the following findings: r~ 1. Town Law .~267-b~)(b)13){1). Grant of the vadance will not produce an undesirable change in the character of the neighborhood ~ a detriment to nearby properties. This lot has 153 feet of frontage along a pdvate right- of-way. The home ,~ centered on the property, and based on the code definition, the Building Inspect(~r determined the front ~rd is the yard adjacent to the right-of-way, and the rear yard at the opposite or northerly side of the home. HoWever on this properly, the waterside is the applicant's usable back yard, and the technica rear yard by code definition appears to be a side yard. The style of the proposed deck is similar to what exists in the neighborhood. ~,h.e area is heavily treed and the existing dwelling would shield most of the view of the proposed new deck a~ition from adjoining property owners. 2. Town Law ~. The benefit sought by the applicant cannot be achieved by some method, feas~o~ ~'-e appliq~nt to pursue, other than an area variance. The existing dwelling' with its exisfing two entry/exit locations make the location of the proposed new deck addition the most functional and practical. With respect to the Front ~'ard setback variance, the applicant could redesign the proposed deck to eliminate the location which is re~idng a Front Yard setback variance. With regard to the rear yard setback vadance requested, the exisfin{l dwelling is already within a rear yard setback limit, and any protrusion from the existing dwelling at this Iocatioii such as a deck addition or any structure will require an area variance. Page 3 -August 18, 2009., ZBA # 6296 - Diana DeLucia, Applicant CTM # 1000-107-4-5 3. Town Law §267-bt3)(b)(3). The Front Yard setback vadance requested is 10% which is not substantial. The rear yard setback va~nce requested is 54% which is substantial. 4. Town Law .~267-~3){b)(5). The difficulty has been self-created with respect to the requirement of a Front Yard variance, becaUSe the applicant could redesign the proposed deck to not require a Front Yard variance. The difficulty has notl,been self- created with respect to the requirement of a Rear Yard vadance because the dwelling exists in its p~sent location. 5. Town Law .~267-b~3)(b)N). No evidence has been submitted to suggest that a variance in this residential community will have ap adverse impact on the physical or environmental conditions in the neighborhood. 6. Town Law §267-b. ~rant of the relief requested is the minimum action necessary and adequate to enable the applicant to enjoy the!benefit of his property, while preserving and protecting the character of the neighborhood and the health, safety~f3nd 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 ~67-B, motion was offered by Member Schneider, seconded by Member Goehringer, and duly carried, to GRANT the ~dances as applied for, as shown on the site plan prepared by Diana DeLucia and Albert Leutwyler da~'~l January 2008 (date stamped Mar 27 2009 by ZBA) and elevation drawing dated 3/24/09. Any deviation from the~variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or sun/ey si~ maps, are not authorized under this application when involving nonconform res under the zoning code. Thi~'acton does not authorize or condone any current or future use, setback or other feature of the subject propert~ that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressbd in this action. The Board reserves t~ dght to substitute a similar design that is de minim s n nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: A~s: Members Goehringer (Chair~3~-,, Si,T,c,c~.Weismap,~and Schneider. This Resolution was duly adopted (4-0!? /,.GER~'RD P. GOEHRINGE~i CH~JP,'~/~'8/z¢'/2009 ii ~,-"Approved for Filing OFFICE LOCATION: Town Hall Annex 54375 State Route 25 Main Rd. & Youngs Ave. South#Id, NY 11971 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 South#Id, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 FFom~ Date: Re: Jim King, President Town of South#Id Board of Trustees Mark Terry, LWRP Coordinator Scott A. Hilary, LWRP Coordinator February 10, 2009 Chapter 268, WATERFRONT CONSISTENCY REVIEW Wetland Permit for DIANA DELUCIA SCTM# 107-4-5 DIANA DELUCIA requests a Wetland Permit to construct a 38'X 8' and 42'X 10.3' attached wood deck to the existing dwelling, and replace the steps. Located: 4573 Wickham Ave., Mattituck. SCTM#107-4-5 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 us, it is our recommendation that the proposed action is INCONSISTENT with LWRP policy standards and therefore is INCONSISTENT with the LWRP. Policy 6 Protect and restore the quality and function of the Town of South#Id ecosystem 6.3 Protect and restore tidal and freshwater wetlands. A. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and regulations for aH Andros Patent and other lands under their jurisdiction 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The distance from the wetland boundary to the proposed action (deck) is approximately 24 (see Figure 01){ a minimum setback distance of 100 feet from the wetland line is required pursuant to Chapter 275-3. Findings; purpose{ ]urisdiction; setbacks. Please require that the applicant amend the application to meet the above policy to the greatest extent practicable. § 275-3 Findings; purpose; jurisdiction; setbacks. D. Setbacks. [Amended 10-11-2005 by L.L. No. 17-2005] (l) The following minin~setbacks apply to any and all operatiol~roposed the jurisdiction of the Board of Trustees: Wetland boundary. [1] Residence: 100 feet. on residential property within Figure #1 View of wetland boundary and setback of the subject parcel. If the Agenc% Board of Trustees makes a contrary determination of consistency, the Agency shall elaborate in writing the basis for its disagreement with their recommendations Pursuant to Chapter 268 Waterfront Consistency Review. § 268-5. Review of actions. In the event the LWRP Coordinator's recommendation is that the action is inconsistent with the LWRP, and the agency makes a contrary determination of consistency, the agentT shall elaborate irt writing the basis for its disagreement with the recommendation and state the manner and extent to which the action is consistent with the L WRP polioT standards. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its ~vritten determination regarding the consistency of the proposed action. James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob ~nosio, Jr. Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office Use Only Coastal Erosion Permit Application ~7~Wetland Permit Application __ Administrative Permit eec Amendmentffrans~er/E~tensi°n ceivedApplicafion: Ilk(oil) c~ eived Fee:$o~. ' ompleted Application I ! ~{0 !0~, __Incomplete __SEQRA Classification: Type I Type II Unlisted __Coordination:(date sent)_ ¢o istency As ess entl o m 30!o ~U>AC Referral Sent: I .( ,;~./,~[~q ' ~-D~teofImpection: ' ~lJt-~i0q~ ~ReceiptofCACReport: ~" __Lead Agency Determination:__ Review: Hearing Held: ~, ! ~](2~ Resolution: Property Location: L~ ~' ~ k/d( C [< ¢{/9~/v~ ~ (provide LILCO Pole #, distance to cross streets, ~md location) AGENT: (If applicable) Address: Phone: of Trustees Ap~ Land Area (in square feet): Area Zoning:. GENERAL DATA loc/oo Previous use of property: Intended use of property: Covenants and Restrictions: ~%Yes If "Yes", please provide copy. Prior permits/approvals for site improvements: No Agency Date __ No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? ~ No Yes If yes, provide explanation: '""- Project Description (use attachments if necessary): C(~t~'6T~u( t~ ~000~.3 P6EW.. %40~q-a Ooo(e-f Purpose ofthc proposed operations: At~t'_~$ ~UD Area of wetlands on lot: . ~00 t, square feet Percent coverago of lot: iO°~ % Closest distance between nearest oxisting structure and upland edge of wetlands: ~t~ ~ feet Closest distanco between nearest proposed structure and upland edge of wetlands: ~q ~ feet Does the project involve excavation.or filling? ~ No Yes If yes, how much material will be excavated? ~. cubic yards How much material will bo filled? -'-- cubic yards Depth of which material will be removed or deposited: ' ~ foot Proposed slope throughout tho area of operations: ~ Manngr in which material will be removed or deposited: ~' Statement of thc effect, if any, on the wetlands and tidal waters of the town that may result by reason of such proposed operations (use attachments if appropriate): Purposes ofproposed activity:. ~.f~l~l~.Ot/~ ~ TO Are wetlands present within 100 feet of the proposed activity?. No ~, Yes Does the project involve excavation or filling? )~ No Yes ff Yes, how much martial will be excavated7 ~ .(cubic yards) How much material will be filled? ~ (cubic yards) Manner in which material will be rc._~oVed or deposited: Descn'oc the nature and extent of thc OllVironmental impacts reasonably anticipated resulting from implementation of the project as proposed. (Use attachments if necessary) pART 1 - PROJECT INFORMATION SHORT ENVIRONMENTAL AU="oom~,-, ....... for UNUSTED ACTIONS Only ( ~ 2. PROJECT NAME~ ~ ~Ct ru f~F; 50u'r~o~o 4. PECISE L~ATI~: ~t ~d~s a~ R~d I~s, Pmm~ent ~ma~s e~ -or 5,1S PROPOSED A~ION: 3.PROJECT LOCAl]ON: 6. DESCRIBE PROJECT BRIEFLY: 7. AMOUNT OF LAND AFFECTED: Initially , ~ acres Ultimately acres ~- 8. WILL PROPOSED ACTION COMPLY VvlTH EXISTING ZONING OR OTHER RESTRICTIONS? ~]Yes [] NO ff no, describe b~eity: 9. WHAT IS PRESENT LANO USE IN VICINITY OF PROJECT? (Choose as many as apply.) ~--]Residenital E]lndastrial FICe(nnlercial NAgriculture E]Park/FomstlOgenSpace OOther(ifascdbe) 10. DOES ACTION INVOLVE A PERMIT APPROVAL. OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, State or Local) E~Yes ~-]NO if yes, list agency name and pelmit / approval: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? []Yes [~]NO If yes, list agency name and permit / approval:. 1 2. AS A . ULT OF PROPOSED ACT,ON W," EX,ST,NG PERM,T, APPROVAL REOU,. .OD,F,C^T,O.? I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant I Sponsor Name , Date: If the action Is a Costal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment PART II - IMPACT A~$_;$$MENT ~ __ co,~;~:;--~. by Le_=d Agency) A. DOES ACTION EXCEED ANY TYPE I THR'~'~OLD IN 6 NYCRR, PART 617.47 If yes, coordinate'~,~ review proces~ and usu Ihe FULL FAF. B. WILL ACTION RECEIVE COORDINATED REVIBN AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 If No, a negative declaration may be superseded by ano~ler revolved agency. E~Yes E~No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answem may be handv,~tten, if legible) Cl.Exlsang air quality, surface or groundwater quality or quanaty, noise levels, existing traffic pattern, r, eltd waste production or disposal, potaf~al for erosion, dmreage or flooding pm/z~ms? Explain bde~. C2. Aesthe6c, agnsultural, amhaealogical, hls~, or o~ natural or cultural resources, or community or ea~lhbo~ chara~ Explain briefly:. C3. Vegetafio~ or fauna, fish, she#fish or wildlife species, signEtcant habitats, or thmatasud o~ endangered specks? Explain briefly:. I .I C4. A community's existing plans or goals ~ officially ad~flted, or a cha~ i~ use or intensily of use of land ~ ~ ~ml ~u~? ~in ~ C§. Gro~a. sub~lueat d~velo~m~ or ~led actl~ II~aiy to I~ i~l~ t~ t~ ~ a~? fixptare C7. Other impacts (includin~ changes in use of eiifte~ ({uanttt~ or ~ of enar~? Expiain briefly. i D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTASUSHMENT OF A CRITICAL ENVIRONMENTAL ANEA ICEAF {If ;fsu, exprein brlet~/: I-II-I.o E. IS THERE, OR IS THERE UKELY TO BEI CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? ff ~/su explain: PART III - Dr= I =i?A/IINA'TION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: F~ruachadversee~ectidenti~edab~ve~de~-erminawhe~heritiss~bsten~a~a~e~im~:x~entor~n~nL Each effect should be assessed in cortnec~on with its (a) setfJng (i.e. urban or rural); (b) pmbebility of occurring; (c) duration; (d) in~vemibility; (e) geographic scope; and (0 magnitude. If necessary, add attachments o~ reference SUPlx~ng materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addr~- If question d of part ii wes checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. Check tule box If you beve identified one or m¢3~ poleflifally lerge or significant adversu impacts which MAY occor. Then procend directly to tbe FULl EAF and/or prepare a psuitive dectaratiea. Check this box If you have dete~nisud, based ea the information and analysis above and any suppoding documeataifea, that the proposed acSo[ WILL NOT result in any significant advmsu environmental impacts AND provide, on attachments as nseasumy, the masons suppor~ng th~ determination. Nome of Lead Agency Date Title of Responsible Officer ' Print or Type Name of Responsible Officor in Lead Agency Signature of Responsible Officer in Lead Agency Signature of Preparer (If different from responsible officer) James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall, 53095 Main Rd. P.O. Box 117O Southold, NY 11971 Telephone (631 ) 765-1892 Fax (631 ) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD In the Matter of the Application of DIANA DELUCIA COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING , residing at /dba I~/.. ~. ~o,.¥ being duly sworn, depose and say: That on the ,~ day of $~P'{' ,200~, 1 personally posted the property known as by placing the Board of Trustees official poster where it can easily be seen, and that I have checked to be sure the poster has remained in place for eight days prior to the date of the public hearing. Date of hearing noted thereon to be held Wed, September 23~ 2009 on or about 6:00 PM. Dated: ~n~ture) ~ ~j" '~- J Sworn to before me this day of ~c~2000/. 09?2 "/'~ MAILING OF NOTICE I MAIL RECEIPTS Address: STATE OF NEW YORK COUNTY OF SUFFOLK [-O[~. O{.--'l..ttc~t~ , residing at t'~. $~¢~/ ~-.~,5'r'l='o~'''C ' , being duly sworn, deposes and says that on the I[~ day of (~¢~'mt/¢~- ,20 O~, deponent mailed a tree copy of the Notice set forth in the Board df Trustees Application, directed to each of the above named persons at the addresses set opposite there respective names; that the addresses set opposite the names of said persons are the address of said persons as shown on the current ~" ..... ' ~'4 at the United States Post ' persons by · Complete items 1, 2, and 3. Also complete A. Sigr~tum item 4 if Restricted Delivery is desired. X ~:3/Agent Print your name and address on the reverse ",,,. [] Addressee so that we can return the card to you. · Attach this card to the back of the mailpiece. or on the front if space permits. B. Received by (Printed Ak~ne) C. D to of r ery -- ? D. ts delivery address different from itenl'l~ If YES, enter delivery address below~ ~D ~Nfo~ 3. ice Type ~i(rtifled Mail [] Express Mall [] Registered [] Return Receipt for Merchandise [] insured Mall [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes 2. Article Number Fi-mnsfer from serv/ce lalya0 7007 0220 0003 2466 9745 PS Form 3811, February 2004 Dome~ic Return Receipt 102r~S-02-M-lS40 James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall, 53095 Main Rd. P.O. Box I 179 Southold, NY 11971 Telephone (63 I) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD In the Matter of the Application of DIANA DELUCIA COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING I, IDtAr-.3/s, ~t.-~CiA. , residing at c.[5>~.-(~ l~F_~t4,a~A4 being duly sworn, depose and say: That on theyl day of dA/'d ,200'~ I personally posted the property known as by placing the Board of Trustees official poster where it can easily be seen, and that I have checked to be sure the poster has remained in place for eight days prior to the date of the public hearing. Date of hearing noted thereon to be held Wed.~ February 18~ 2009~ on or about 6:00 PM. Dated: (signature) Sworn to before me this day o ~i~d~'200 ~ lq~f'at~yV~ - ClNDI ZAKREWSKI Notary Public, State of New York No, 01ZA§179106 Qualified in Suffolk County COMMISSION EXPIRES 12/24/2011 PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Naiile~ sworn, deposes and says that on the onent mailed a tree copy of the Notice · . to each of the above named there respective names; that the addresses set e names of said persons are the address of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office at ~l~;'I- Fc~F~'~-~o~Z p-l~ that said Notices were mailed to each of said persons by (certified) (registered) mail. , Swom to before me this Day of3~'M ~ , 20 CINDI ZAKREWSKI Notary Public, State o! New York No, 01ZA6179106 Qualified in Suffolk Country COMMISStON EXPIRES 12/24/2011 County of Suffolk State of New York C> t~txr-3 ~. ~-c4~C4~,, BEING D~Y SWO~ DEPOSES ~ ~S ~T ~S~ IS ~ ~PLIC~T FOR ~ ~0~ DESC~ P~(S) ~ ~T ~L STA~S CO~ ~ ~ ~ TO ~ BEST OF ~ ~O~.E~E ~ B~, ~ ~T ~L WO~ ~L BE ~ ~ ~ ~R SET FOR~ ~ ~S ~PLICA~ON ~ AS ~Y BE ~PRO~ BY ~ SO~O~ TO~ BO~ OF ~US~S. ~ ~PLIC~ AGR~S TO HO~ ~ TO~ OF SO~O~ ~ ~ TO~ ~US~S ~.~SS ~ ~E ~OM ~ ~ AIJ. D~GES ~ CL~S ~S~G ~ OR BY ~ OF S~ P~(S), ~ ~. ~ CO~T~G ~S ~PLICA~ON, I ~Y A~ORI~ ~ ~US~S, ~m AG~(S) OR ~S~A~S(S), TO ~ 0~0 ~ PROP~ TO ~SPE~ ~ P~SES ~ CON~C~ON ~ ~W OF ~S ~PLICATION. Sigm~e swo To BEFo ms ¢1 ** DAY OF 0~fi'W~ ,20 OlNDI ZAKREWSKI Notary Pul:)lic, State of New York NO. 01ZA6179106 Qualified in Suffolk County COIdMI~ION EXPIRE8 111/~4~!01l APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM Tax grievance Building Variance Tm..~e Change of Zor~ Coastsi Erosion Appmvnl of pint Mooring Exemption from pint or official map Plnnning Other (If "Olher~, name the activity.) Do you personally (or lhrough your compnny, spouse, sibling, p~tent, or child) have a relationship with any officer or employe~ of thc Town of Southold? "Relationship" includes by blood, marriage, or bus]ness fnl~ezt. "Busim~s intev~f' menm a business, including a partne~hip, in which the town office' or employee has even a partial owncrz~p of(or employmeat by) a corporation in which the town officer or employee owns more than 5% of the shaves. YES NO ~ I f you answered 'YES~, complete lhe tmlance of this form ~md date and sign w'ne~e indicated. Nn~ne of pe~on employed by ~h~ Town of Southold Title Or position of that perso~ . .' ~ - · - ' ~he ~own officer or ~ check the approp~ia~ lin~ A) Ihrough D) and/or describe in the spa~ provid~t. The town officer or employee or his or her spo~e, sibling, p~v~t, o~ ~hild is (check all tha~ npply): __.A) fl~e owner of g~e~ler than 5% of the shn~s of the cot~ stock of the,apt (when ~e appficant is a eorpor~lon~, __ B) the legnl or benofic~al owner of any in~m~t in a non-cosporele entity (wh~ ~he C) an officer, die. or, I~rmer, or employee of the appli~nt; or __.D) ~he ~ ~plkant DESCRIPTION OF RELATIONSHIP Form TS I Submitted this ~.'(~ dayof ~4~./~J 200.._~ sknatu~,~_ A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfi'om Consistency Review Law. This assessment is intended to supplement othe~ information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answ~nov the questions in Section C, the preparer of thi.~ form should ~view the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitnlivntion Program. A proposed action will be evalv~tnd as to its sJe,nifieant beneficial and edveme effeet~ upon the coastal area (which includes all of Southold Town). Be 3. 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 ia the consistency review hw. Thns~ _,~eh m~ver mun~ be e ,x~laln~! ill 4~i1~ listine both s~noorfin~ and non- supportim, facts. If an action cannot be certified as consistent with the LWRP policy standards a~t conditions, it shall not be. UndO. 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 Plannin~g Department, all local libraries and the Town Clerk's office. ;_.. ]DESCRIPTION OF SITE ANI) PROPOSE]D ACTION scrMa t ooo . t o'l - o o g PROJECT NAME p~-~0~A ,t/t,~.yTx~y'~-I~- (,42~q~,,'~-,~lr--~' The Applieation has been submitted to (check appropriate response): TownBoard n-] Plnnnin~BonrdE] Bniidin~Dept. ~'~ .oardofTrustees [] Category of Town of Southold agency action (check appropriate'response): (a) Action undertaken directly by Town agoncy (e.g. capital construction, planning activity, agency regulation, land transaotion) (b) Financial assistance (e.g. grant, loan, subsidy) (e) Permit, approval, license, certification: Nature and ex'tent of action: ¢'o~'Ff~cl' vuOO06~ ~ / O, '3 ,< LUZ. Location of action: Site acreage: Present land use: I~¢-% ! O~-"-b3T~/k4-~ Present zoning classification: j~ l p~q~.STl~. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Nameofapplicant: O{,t~/~ 19t~'q~LJ(A~- Co) Mai,.gaddr ss: lZ Scro'r c. -/ r ota_W tt tH (c) Telephone number: Area Code ( ) ~,~1 3~G' gq tO (d) Application number, ffany:. Will the action be directly undertaken, require funding, or approval by a ~ate or federal agency?. Yes [] No~7~ Ifyes, 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 aH proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVEJ.OPED 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, make?~en~eflcial use of a coastal location, and mlnlmi~s adverse effects of developmenL See LV~ Section IH - Poficies; 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 HI - Policies Pages 3 through 6 for evaluation criteria ~-] Yes N No ~-] Not Applicable At~ach additonal sheets if necessary Policy 3, Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section IH - Policies Pages 6 through 7 for evaluation criteria ~-1 Yes [] No [--1 Not Applicable Attach additional sheets if necez,~xy NATURAL COAST POLICIES Policy 4. MinimiT~ loss of ]fie, structures, and natural resources from flooding and erosion. See LWRP Section HI - Policies Pages 8 through 16 for evaluation criteria ~--~ Yes [] No [] Not Applicable Attach additional sheets ifneee~mary Policy 5. Protect and improve water quality and supply in the Town of Southold. Sec LWRP Section IH - Policies Pages 16 through 21 for evaluation criteria ~' Yes [] Fl ot Applicable Attach additonal sheets if necessary Policy 6. Protect and restore the quaflty and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. Sec LWRP Section HI - Policies; Pages 22 through 32 for evaluation criteria. Yes No Not Apph~llble Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section m - Policies Pages 32 through 34 for evaluation criteria. ~-] Yes [-~ No~ Not Applicable At~ach additional she~s if necessary Policy 8. Miolmi~g environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section HI - 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. [] Ye~ No [] Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section m- Policies; Pages 47 through 56 for evaluation criteria. ~-~ Yes ~ No [] Not Applicable 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 IH - Policies; Pages 57 through 62 for evaluation criteria. Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section HI - Policies; Pages 62 through 65 for evaluation criteria. Yes [--] No~ Not Applirable .J Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section HI- Policies; Pages 65 through 68 for evaluation criteria. Yes N Sot Applicable PREPARED BY ~_ TITLE O LU~J ~ DATE Owner and Preparers: Diana DeLucia and Albert Leutwyler 4573 Wickham Avenue Mattituck, NY 11952 Northeast Neighbor: SCTM 107-4-211 Allan Dickerson 460 Paddock Way, Mattituck, NY 11952 S, 4035'00" E SCTM 1000-107-04-005 Wetland Boundaries delineated by Jeffrey L. Seeman Coastal Environmental Corporation East Quogue January 2008 APPROVED BY BOARD OF TRUSTEES TOV/N OF SOUTHOLD ~z~ o? Description of Project: Remove existing entry steps into house on two sides. Construct a wood deck with 36"rails all around plus two sets of steps for access. Attach deck to existing house on three sides 42" above g rou nd level. Add french drains, gutters and dry well to mitigate water runoff 14.4' FND MON N 84*35'00" W Total lot size is 12,900 sq ft., not including 1,500 sq ft of wet land. Impervious coverage of house prior to decking is 852 sq ft, or 6.6%. Impervious coverage after decking is 1,518 sq ft, or 11.77%. No clearing or fill needed. No plants or trees will be disturbed. h~lc< hu Js halinlfolia ik~x gldbra myiid I)~'nsyJv ink d ammOl~hylia breviligul~ta juncus effusus sea lavender and festuca ovina glaLx a Southwest Neighbor: SCTM: 107-4-12 ShirleyTuthill 448 Heron Pont, Chestertown, MD 21620 Connection from gutters and location of DryWell 153.0' ~, {TO HWL) (TO H~VL) FND MON FND MON Southeast Neighbor: SCTM 107-4-6 Ivan Tchebotarev 4583 Wickham Avenue Mattituck, NY 11952 Scale: 1" = 16' Diana DeLucia and Albert Leutwyler 4573 Wickham Avenue Mattituck, NY 11952 SCTM 1000-107-04-005 Wetland Boundaries delineated by Jeffrey L. Seeman Coastal Environmental Corporation East Quogue January 2008 Description of Project: 8:84°35'OO" £ 146.5' FNC MOI~ 26,1' FND MON Remove existing entry steps into house on two sides. Construct a wood deck with 36" rails all around plus two sets of steps for access. Attach deck to existing house on three sides 42"above ground level. Add french drains, gutters and dry well to mitigate water runoff Total lot size is !4,400 sq Impervious coverage of house prior to decking is 852 sq ft, or 5.9%. Impervious coverage after decking is 1,518 sq ft, or 10.54% No clearing or fill needed. No plants of'trees will be disturbed. WIRES O3 FND MON N 84035'00" W AUG 31 2009 So~thhold To~. Board of Trustees%~_ 153.0' (TO HWL) NYSDEc '~PPROVED AS PER TERMS kND CONDITIONS OF DAT~~ _ Southwest Neighbor: SCTM: Shirley Tuthill 448 Heron Pont, Chestertown, MD 21620 Scale: 1" = 16'