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HomeMy WebLinkAbout1000-59.-6-5.1 OFFICE LoCATION: Town I-Iail 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 MEMORANDUM To: Gerard Goehringer, Chair Town of Southold Zoning Board of Appeals From: Mark Terry, Principal Planner 2~t~, LWRP CoordinatorTM Date: March 18, 2009 Re: ZBA file Ref. No. 6263 (FRANK PALILLO and DIANE PALILLO) Location: 7433 Soundview Avenue, Southold SCTM 1000-59-6-5.1 This proposal requires a variance pursuant to the Building Inspector's December 2, 2008 Notice of Disapproval concerning proposed additions and alterations to the existing single-family dwelling, which new construction will be less than the code-required minimum of 35 feet for a rear yard setback and less than 75 feet from Great Pond (freshwater). The propoSed action (deck repair, first floor and second floor additions) would not increase the existing floor area of the sinqle family dwelling. 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 that the proposed action is CONSISTENT with the denoted following Policy Standards and therefore is CONSISTENT with the LWRP. 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 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mark Terry, Senior Environmental Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Mailing Address: 53095 Main Road EO. Box 1179 Southold, ~,Y 1197 http://southoldtown.northfork.net ~..~) d"N~'' BOARD OF APPEALS , ~ L~> TOWN OF SOUTHOLD ~ e Tel. (631) 765-1809 Fax (631) 765-9064 ...... December 10, 2008 ~ ..... ~ ~ ~ Re: ZBA File Ref. No. 6263 (PALILLO) Dear Mark: We have received an application for additions and alterations to an existing single-family dwelling, as detailed on the enclosed map. 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. May we ask for your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-5D. Thank you. Very truly yours, Gerard P. Goehringer Chairman Encls. GREAT POND 6.3 BATCH FORM NO. 3 NOTICE OF DISAPPROVAL DATE: December 2, 2008 TO: Robert Barratt For: Shiu-Ching Chen (Palillo) 4296 Vanston Road Cutchogue, NY 11935 Please take notice that your application dated November 21, 2008 For permit to construct additions and alterations to an existing single family dwelling at: Location of property: 7433 Soundview Avenue Southold, NY County Tax Map No. 1000 - Section 5~9 Block 6_ Lot 5.~1 ls returned herewith and disapproved on the following grounds: The proposed addition and alteration to this existing single family dwelling, on a non- conforming 14,576 square foot lot in the Residential R-40 District is not permitted pursuant to Article XXIII Section 280-124, non-conforming lots, measuring less than 20,000 square feet in total size, require a minimum rear yard setback of 35 feet, proposed re-construction of existing deck is shown at 33 +/- feet. Additionally, pursuant to Article XXll Section 280-116 (C), all buildings and structures located on lots adjacent to any freshwater body shall be set back not less than 75 feet...,proposed second story addition is shown at 40 feet to the bulkhead and the proposed deck re-construction is proposed at 33 feet from the bulkhead. This disapproval is based on the project information sheet by Robert O. Barratt dated 11/25/08. Authorized Signature Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. CC: file, Z.B.A. ROB Robs'tO ~arraffi 7433 SOUNDVIEW AVENUE, SOUTHOLD, NY 11971 FRANK AND DIANE PALILLO PROPERTY PROPOSED RE-MODELLING - Plan views Project Information Single family dwelling, guilt 1957 Proposed re-modelinq work scope Ex,end second floor shed dormer and add three gable dormers 2 Extend living room into exiedng garage and re-locate closets 3 Repair pre-existing deck Permits in Soufedld Board of Trustees 2. NYS DEC Region 1 3 SC Heedh Services Zonino Schedule Please refer to marked fragment of sL~rvey for de~ails Th~ pre-existing structure was buifl 32ff from bulk headed freshwater wetlands which is less [han the current code Area celcuJation Footprint remains un-changed at 1770 sq ff First floor living space increased by 260sq it by converting the garage Second floor living space increased by 383 sq ff by extending existing shed dormer and adding three gable dormers Overall living space increased to 2233sq it ROB Rob~ O Barratt Professional Engineer 7433 SOUNDVIEW AVENUE, $OUTHOLD, NY 1197'1 FRANK AND DIANE PALILLO PROPERTY PROPOSED RE-MODELLiNG Fragment of survey approved by SC Dept of Health Services marked up to show zoning data REV NO Excavation Inspection Required For Sanitary System By Health Department " ROY ~ DAISY F {~ilVllW DSTERMINATiON E SUFFOLK CO, UN'T~ DEPARTi4E?i% ~ PERMIT FOR APPROVAL OF CONMTRUC[%~]ON FOR A DATE' or EXPIRESTNREF VEARff ~ao~ _,~,' E OF APo~OVAL PROPOSED SEPTIC SYSTEM DETAIL SEPTIC TANK (1~ ~ACHiNG PO0~S SURVEY OF PROPERTY SITUATE SOUTHOLD TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C, TAX No. 1000-59--06-5.1 SCALE 1"=30' APRIL 8, 2008 ? TEST HOLE DAgA NOTES: Nathan-"-lafi' }Dorwin ill Land Surveyor PHONE (631)727-2090 Fox (63])727-1727 ROB Rol~ 0 Bari'aH 42~5 Van*ton Rd 7433 SOUNDVIEW AVENUE, SOUTHOLD, NY 11971 FRANK AND DIANE PALILLO PROPERTY PROPOSED RE-MODELLING - Elevation views Fee: $ Office Notes: APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS For Office Use Only ~ ~) ~0~~ Date Assigned/Assignment No. Filed By: HouseNo.~e~ Street ~'o'o~OOl ~!~ ~V~- Hamlet SCTM1000 Section ~ Block ~ Lot(s) ~'{ LotSize ~.~ Zone I (WE) APPEAL T~ WriTTEN DETE~INATION OF THE BUILDING INSPECTOR DATED iX/Z/ZOO8 BASED ON MAP DATED S~VL~ Telephone: ~- Z~- ~g~ Fax ~: ~- ~ - I~ Z~ Email: NOTE: In addition to the above, please complete below if application is signed by ap~llcant's attorney~rchitect, builder, contrac{ Name of Representative: ~$~KT ~A~ ~ fort.)Owner, or ( )Other: Agent's Address: ~eZq$ ~d&MSTOM Telephone ~'~l- ~}"/{$"OZ?~; Fax#: ~t}/-'/3,q-Z~'~a~ Please check box to specify who you wish correspondence to be mailed to, from the above names: [] Applicaat/Owner(s),or }il[Authorized Representative, or [] Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REV1EWED MAP DATED ql,oelo AN APPLICATION DATED It !'l.I / Ol~ 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 of Zoning Ordinance by numbers. Do not quote the code.) Article ~*g IH Section 280- ~'/.~ Subsection ~ ~,~,-~ XXll 2~- )lb ~ Type of Appeal. An Appeal is made for: ~fA Variance to the Zoning Code or Zoaing Map. [] A Variance due to lack of access required by New York Town Law-Section 280-A. [] Interpretation of the Town Code, Article Section [] Reversal or Other A prior appeal [3 has ,~has not been made at any time with respect to this property, UNDER Appeal No. Year __. (Please be sure to research before completing this question or call out' office for assistance.) Name of Owner: ZBA File # REASONS FOR APPEAL (additional sheets may be used with preparer's signature): AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: (2) Tile benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: 6 (5) Has the alleged difficulty been self-created? ( )Yes, or l~0No. Are there Covenants and Restrictions concerning this land: ~ No. E1Yes (please furnish copy). This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect tile character of the neighborhood and the health, safety, and welfare of the communit3,. Check this box ( ) IF A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure to consultyour attorney0 Signature of Appellant or Authorized Agent ' (Agent must subnat written Authorization from Owner) MELANIE DOROSKI NOTARY PUBIJC, State ol New York No, 01D0~55 ~870 OHalified in SL;~fO',N CouRty Commission Expires September 30, L~.- ~) APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: I. For Demolition of Existing Building Areas Please describe areas being removed: Date Prepared: II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: Dimensions of new second floor: Dimensions of floor above second level: Height (from finished ground to top of ridge): Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: I~,'r III. Proposed Construction Description (Alterations or Structural Changes) (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: ~ ST~ fl.~ CX4~_ ~AI1. A?rACH~O ~A~l~ : ~)~.l~t~ Ak/r) C~l'~t,,. Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: Proposed increase of building coverage: Square footage of your lot: Percentage of coverage of your lot by building area: V. Purpose of New Construction: ¢C)J~¥~1;.~' ~.At{.~,{l~ I~JTO VI. Please describe the land coutours (flat, slope %, heavily wooded, marsh area, etc.) oo your land and how it relates to the difficulty in meeting the code requiremeut(s): F/-~ ~ tJOf?H SOMt Tt.tGll;, Please submit seven (7) photos, labeled to show different angles of yard areas after staking cnrners lbr new construction), and photos of building area to be altered with yard view. 7/2002; 2/2005; 1/2007 14- QUESTIONNAIRE FOR FII JNG WITH YOUR Z.B.A. APPLICATION A. Is the subject premises listed ou the real estate market for sale? ~q Yes ~No Are there any proposals to change or alter land contours? [] No ~ll~Yes, please explain on attached sheet. I~.l.~TIO~ OG ~.~ 1) ~e there areas that contain sand or wetland grasses? SeE 2) ~e these areas shorn on the map submi~ed with this application'? 3) Is the prope~ bulkheaded be~een the wetlands area and the upland building area? 4) If your prope~ contains wetlands or pond areas, have you contacted the office of the To~ Trustees for its detemination of jurisdiction? Y~ Please confim status of your inqui or application with the Tmstees: it UeD and if issued, please attach copies of pe~it with conditions and approve~ map. ls there a depression or sloping elevation near the area of proposed consfruction at or below five feet above mean sea level? lklO Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? ¥~S.-,$~~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 t me concerning your prenrises'~ I~ If yes, please submit a copy of your building permit and map as approved by the Building Department and describe: G. Do you or any co-owner also own other land close to this parcel? the proxinrity of your lands on your map with this application. If 3'es, please label H. Please list present use or operations conducted at this parcel ~IMt~ I. fi ~ and proposed use ~'1~ I. g ~ ! ~.~, (examples: existing: single-family; proposed: same with garage or pool, or other description.) Authorized Signature and Date 2/0s; 1,'07 Covenants and restrictions None TOWN OF SOUT BUILDING DEPA TOWN HALL SOUTHOLD, NY TEL: (631) 765-18~ FAX: (631) 765-95, SoutholdTown. NorthFork. net Disapproved a/c Expiration ,20 BUILDING PERMIT APPLICATION CHECKLIST Do you have or need the following before applying? Board of Health y~'~ 4 sets of Building Plans Planning Board approval 8urv~_ ¥~% Septi~ Form ~'~* N.Y.SD.E.C. yL~ Flood Pem~t Storm-Wat~ Assesan~t Form t~ 2q'," g'~t?o~ ~t,, Building Inspector APPLICATION FOR BUILDING PERMIT Date II / ~l ,200~ INSTRUCTIONS ~. This upplicotion MUST be cempletely filled in by typewriter or in ink and submitted to the Building I~spector with 4 sets of phins, accurate plot plan to scale. Fee aceordin4 to schedule. b. Plot plan showing location of lot and of buildln~ on premises, relationship to adj oinln4 premises or public streets or c. The work covered by this appli~ioa may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the preSmses available for inspection throughout'the work. e. No building shall ho occupied or used in whole or in pa~ for any purpose what so ever ~mtil the Building Inspector issues a Ce~dficete of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning ainandment~ or bther4egulatiom affecting the property have beeo ~acted in the interim, th~ Building Inapec~or may authorize, in writing, the extension of ~be permit for an addition six mont/~. Thereafiex, a new permit shall be required. APPLICATION IS HEREBy MADE to the Building Department for the issuance of a Building Pemfit pursuant to the Lin~ .~. Zoan Ordinance of~.e Town..o .f. Southol.d2 .Suffolk Count, N~w York, and other applicable Laws, Ordinances Or gulaaon~,, fo~ the construction of building% add/tton% or alterat~cos or for ~moval or demolition as bere/n described. The applicant agrees to comply with all applicable law% ord/nance~, building coda, housing code, and reguintinn& and to admit authorized in~peetors on premises and in building for n¢cessa~, inapec~don~. (Signature of applicant or nam,, ifa coqxnation) ~... -- (Marling address ofaopli~mt) State whether applicant is owner, hi.ce, agcot, architect, engineer, general contractor, electrician, plumber or builder Nameofownerofpremises ~'~,~0~ ~ 1~1~1~1~, PRLIL4. O (As on tiie tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officor) Builders License No. Plumbers License No. Electricians License No. Other Trades License No. 1. Location of land on which proposed work will be done: House Number Street Hamlet County Tax Map No. 1000 Section ~- Block 0/0 Lot ~" I Subdivision Filed Map No. Lot 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy b. lntended use and occupancy 3. Nature of work (check which applicable): New Building Repair Removal Demolition 4. Estimated Cost ~l' ~,OO~ O~O Fee 5. If dwelling, number of dwelling units If garage, number of cars Addition Other Work Alteration (Description) (To b~ paid on filing this application) Number of dwelling units on each floor ffbusiness, commercial or mixed occupancy,, specify nature and ext~nt of each type of nse. Dimensions of cxis ,ti~.g s ,t~uctures, if any: Front g'~/I' Rear ~.~,~ t Depth_ Height '~.0..~ ' Number of Stodes 2. Dimensions of same structure with alterations or a,dditions: Front N o (~,~-t'tWN~ Rear Depth -2 6 :L Height. --'~' ' -, Number of Stodes 8. Dimensions ofuntiro new construction: Front /~A Height ~! "': Number of Stories 9.. Sizeoflot: Front ][~'~"' ~ Rear t~'~. Depth 10. DatcofPurchase |112,1 ~'1 Name ofFormer Owner ~.~, ~'t'~'~l~ ILZon¢orusedistrictinwhichpremisnsarosituatcd ~40 ~({~q"~'~ff. e4~.,~I Lg~'l', , 12. Doe~ proposed construction violate any zoning law, ordinance or regulation? YES NO '~ 13. Will lot be re-graded? YES '~ NO ' Will excess fill be removed bom la~anisns? YES NO 14. NamnsofOwnerofprcmises F'~I)-P~IaI,~4..o Address ~.~-vt~,l,~#~f~oneNo' NameofArohit~ct IP.. ~l"r I~E Address~t~,q~ Name of Cona-antor Addr css~iiTfr'l;~'~n~J~-'tiY~ll~hone No. 15 a. Is this property within 100 feet of a tidal welland or a frcshwatar wctland? *YES v/ NO * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED: b. Is this pmpc'ay within 300 fcct of a tidal wetland? * YES NO~" *IFYES, D.E.C- PERMITS MAY BE REQU1RED. 'l'~t~,l'~.~:~.C ~='~l~*'r~ 16- Provide survey, to scale, with accurate foundation plan and distances to property linns. 17. If elevation at uny point on property is at 10 feet or below, must provide topographical data on survey. 18. Are there any covenants and restrictions with reapect to this property? * YES NO ~ * IF YES, PROVIDE A COPY. STALE OF ~ YORK) $S: CO~ OF ) ~" O '{~-'~T ~[~/a{'{~ {P-- Pv:~"T" being duly sworn, deposes and says tlmt (s)ha is thc applic~t (Nmne ofindividuul signing contract) above named, (S)He is the ~.~a ~' (Coatxac~r, Agent, Corporate Officer, etc.) of ssid owner or owners, and is duly authmized to perform or have performed the said work and to make and file this application; that all s~atements contained in ~ application are hue to the best of his knowledge and belief; and that the work will be performed in thc rammer set forth in the application filcd therewith. ~ · ~ -- Ouat'.~eq.~ . 8 z ~ Notary Public ' -- Signature ...... of ApplicanO: t DI BOA NY 005 - Bargain and Sale I gainst Granmr'a Acls Individual or Corporalion (Single Sheet) (NYBTU 8002) I ~ ~ day of November ,in the year 2008 SHIU-CHING CHEN, residing at 42-20 Kissena Blvd., Apt. A-4, Flushing, NY 11355-3288 party of the first part, and FRANK PALILLO and DIANE PALILLO, as husband and wife, both residing at 16 Glenby Lane, Glen Head,.NY 11545 party of the second part, WITNESSETH, that the party of the first part, in consideration of Ten Dollars and other valuable cousideration paid by Ihe party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the SEE SCHEDULE A ATTACHED (DESCRIPTION OF PREMISES) BEING AND INTENDED TO BE the same premises conveyed to thelarty of the first part by deed in Liber 12140 page 601. TOGETHER with all right, title and interest, if any, of the party of the first part of, in and to any streets and roads abutting the above-described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and fights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the pmty of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been incumbered in any way whatever, except ms aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the fight to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the tmprovement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. or: 9 OF APPEALS Underwriter No. L543954 Title Number AAI776-S Schedule A Description Revised: 11/20/2008 Page ALL that certain plot, piece or pamel of land, situate, lying and being at Southold, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the southwesterly side of a Private Road, distant 160.74 feet northwesterly from the corner formed by the intersection of the northwesterly side of Soundview Avenue with the southwesterly side of a Private Road, said point of beginning being where the division line between the premises described herein and land now or formerly of Smith intersects the southwesterly side of a Private Road; RUNNING THENCE from said point of beginning, South 67 degrees 32 minutes 50 seconds West along land now or formerly of Catherine Smith, 122.58 feet to the bulkheaded high water mark of Great Pond; THENCE along the bulkheaded high water mark of Great Pond, the following three (3) courses and distances: 1. North 24 degrees 45 minutes 51 seconds West, 57.36 feet; 2. North 67 degrees 59 minutes 52 seconds East, 3.20 feet; 3. North 23 degrees 22 minutes 03 seconds West, 88.20 feet to a point; THENCE along the highwater mark of Great Pond the following two (2) courses and distances: 1. South 81 degrees 48 minutes 43 seconds West, 12.36 feet; 2. North 48 degrees 08 minutes 14 seconds West, 2.52 feet to land now or formerly of Rudolph Bemstein and Edith Inge Bernstein; THENCE North 85 degrees 58 minutes 30 seconds East along land now or formerly of Rudolph Bemstein and Edith Inge Bernstein, 132.82 feet to the southwesterly side of a Pdvate Road; THENCE along the southwesterly side of a Private Road, the following .~i,~.~ (2) courses and distances: 1. on a curve to the left having a radius of 170.00 feet, a distance of 90.82 feet; 2. South 40 degrees 11 minutes 30 seconds East, 20.85 feet to land now or formerly of Catherine Smith and the point or place of BEGINNING. TOGETHER with a right of way over the following described parcel, which is comprised of certain 30 foot private roads and a private beach: BEGINNING at an iron pipe set on the northwesterly side of Sound View Road, Continued On Next Page Underwriter No. L543954 Title Number AA1776-S Schedule A Description- co,..,nued Revised: 11/20/2008 Page 2 126.10 feet southwesterly along said northwesterly side of Sound View Road from the southeasterly corner of land now or formerly of John A. Muir and George G. Muir and the southwesterly corner of land now or formerly of Carl Reiter; RUNNING THENCE the following courses: 1. North 40 degrees 11 minutes 30 seconds West, 345.00 feet; thence 2. North 49 degrees 48 minutes 30 seconds East, 125.00 feet to said land now or formerly of Carl Reiter; THENCE along said land now or formerly of Carl Reiter, North 40 degrees 11 minutes 30 seconds West, 100.00 feet, more or less, to the shore of Great Pond; THENCE southwesterly along said shore of Great Pond, 150.00 feet, more or less; THENCE the following courses: 1. South 40 degrees 11 minutes 30 seconds East, 133.00 feet, more or less, to an iron pipe; 2. on a curve to the left having a radius of 170.00 feet, a distance of 267.04 feet along said curve to an iron pipe; thence 3. South 40 degrees 11 minutes 30 seconds East, 181.59 feet to an iron pipe set on the northwesterly side of Sound View Avenue (Road); THENCE along said northwesterly side of Sound View Avenue, North 42 degrees 14 minutes 10 seconds East, 30.26 feet to an iron pipe; THENCE the following courses: 1. North 40 degrees 11 minutes 30 seconds West, 177.60 feet; thence 2. on a curve to the right having a radius of 140.00 feet, a distance of 219.91 feet along said curve to an iron pipe; thence 3. South 40 degrees 14 minutes 10 seconds East, 298.99 feet to an iron pipe set on said northwesterly side of Sound View Avenue; THENCE North 42 degrees 14 minutes 10 seconds East, 30.26 feet to the point or place of BEGINNING. USE A CKNOWLEDGMENT FOR31 BELOW WITHIN I~/ EW YORK STATE ONLY: StateofNewYork, Countyof I~ ] g) (~ ' }ss.: Oo the/T&ay of November in the year 2008 before me, the undersigned, personally appeared Shiu-Ching Chen , personally known to rne or proved to me on the baals o[' satisfactory evidence to be the individual(s) whose anme(s) is (are) subscribed to the within insU'ument and acknowledged to me that he/she/they executed the same in his/her/their capacity(les), and that by hi,qber/their signature(s) on the instrument, the individual(s), m' the person upon behalf of Which the individual(~ ac[%t, executed the instrument. BEllY J HO Notary Pubhc, State o4 New fork No 0~HO5022561 Ouahhed m Kings Coum,¥ [New York Subscribing Wilness Acknowledgmenl Certificate/ State &New York, County of } ss.: On the day of in the year before me, the undersigned, personally appeared the subscribing witness to the foregoing instrument, with whom I an~ personally acquainted, who, being by me duly sworn, did depose and say that he/she/they reside(s) in (if the place of residence s n a city, it elude the street and street number; tfanv there,/); that he/she/they know(s) to be the individual described in and who executed the foregoing instrumant; that said subscribing wimess was present and saw said execute the same; and that said witness at the same time subscribed his/her/their name(s) as a witness thereto. USEACKNOWLEDGMENT FORMBELOW WITHINNEW YOR;x'STATE ONLY: State of New York, County of } ss.: On the day of in the year before me, the undersigned, personally appeared personally known to me or proved to me on the basis of safis~'~ctor~ evidence to be the individual(s) whose name(s) is (are) .subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(les), and that by his/her/their signature(s) on the insu'ument, the individual(s), or the persoo upon behalf of which the inthvith, rsl(s) acted, executed the instrument. ACKNOWLEDGMENT FORM FOR USE OUTSIDE NEW YoRK STATE ONLY: lout of Slate or Foreign General Ackmowledgment Cerlificatel .................................................. }SS.; (Complete Venue with State, Country, Province or Municipality) On the day of in the year before me, the undersigned, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hLqher/their capacity(les), that by his/heft their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrament, and that such individual made such appearance before the undersigned in the (Insert the city or other political subdivision and the state or count~ or other plaee the acknowledgment was taken). TITLE NO. BARGAIN & SALE DEED SHIU-CHING CHEN TO FRANK PALILLO AND DIANE PALILLO FIDELITY NATIONAL TITLE OINSURANCE COMPANY '?!.~/,~,;,~ /~'~, Fidelity DISTRICT SECTION BLOCK LOT COUNTY OR TOWN RECORDED A T REQUEST OF Fidelity National Title Insurance Company RETURN BY MAIL TO Southold Town Board of Appeals ZBA application For 7433 Soundview Avenue, Southold, NY SCTM # 1000-59-06-5.1 Prepared by Mr. Robert Barratt PE 4295 Vanston Road Cutchogue, NY 11935 Tel/Fax 631 734 2730 Z Table of Contents Currem notice of disapproval Authorization Letter signed by current owner Application Application form · Reasons for appeal · Applicant's prqiect description · Reasons for use variance (not used) Survey dated 4/8/08 revised 6/26/08 Building Diagrams · Elevation views · Plan views · Zoning set-backs Photographs Western and Eastern views of existing house Questionnaire for filing with ZBA application Covenants and Restrictions Town Property Card LWRP Short environmental assessment form Transactional disclosure form Permits Southold Board of trustees Permit #6912 dated 6/18/08 USDEC Region 1 Permit # 1-4738-0380/00001 dated 9/16/08 SC Dept of Health Sen'ices Permit # R10-08-0070 Dated 11/19/08 Owner's personal checks for the $600 filing fee Looking Southwest at where gable dormers are proposed Owner Frank and Diane Palillo 09/23/08 Looking east where extension of shed dormer is proposed Owner Frank and Diane Palillo 11/02/08 Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF proposed actions that are subject to the Town of Southold Waterfront Consistency Review [Jaw. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permils nol located within the Coastal Erosion Hazard Area. Bdbre 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 Tovm 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 afl'ect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus~ each answer must be explained in detail listing both supporting and non- supporting facts. If an action cannot be certified as consistent with the LWRP policy standal'ds and conditions, it shall not be tmdertaken. A copy of the LWRP is available in the following places: online at the Town of Soutbold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# I c~oo ~q Fo - 5~. I PROJECT NAME "}'d-'E, ao ~ooro,~ ,,~tgt, o ~:,,~JC-- The Application has been submitted to (check appropriate response): TownBoard [~ Planning Board ~] Building Dept. [] BoardofTrustees 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) Pemfit, approval, license, certification: Nature and extent of action: Connect SCWA water service Install new septic system Re-model pan of existing house within footprint Abandon existing well and cesspool tq Location of action: -/4-~?, <~oo~ot~ul~vo 0vkl~ ~oTr4~k. lb Site acreage: O. 3% Present land use: Present zoning classification: If an application for the proposed action has beeo filed with the Town of Southold agency, the following inf'ormation shall be proxided: (a) Nameofapplicant: .,~.<2. ctW~'M (oco~2_) ~qGWno7. /~--.~. (b) Mailing address: ~- 12..o. g~rao_~-i'T OF_. 4"?--~ 5 V,o,,,a~i'rD ,,o ~Z.o ,q_b t C o m c_ ~ o q u aI 1',I '~ I l Cl ~ g- (c) Telephone number: Arca Code ( ) fo'~l~ cg"7~'~ (d) Application number, if any: Will the action be directly undertaken, require fi~nding, or approval by a state or federal agency? Yes [] No[~ Ifyes, which stateor federalagency?_ C. Evaluate the project to the following policies by analyzing how the project will further suppm't 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 I. 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, aud 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 Southohl. See LWRP Section 111 - Policies Pages 3 through 6 for evaluation criteria ~7~ Yes ~ No [] Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town nf Southold. See LWRP Section llI- Policies Pages 6 through 7 for evaluation criteria [~ Yes [] No ~] Not Applicable 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 I11 - 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 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 Applicable -~t'o ~ ~,-q t ~ q / S tm ,q c.~_ ,aoo~, rt t,t ct Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section Ili - 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 [5~ 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 [5~ Not Applicable Attach additional sheets ifnecessaO' WORKING COAST POLICIES Policy 10. Protect Southoid's water-dependent uses and promote siting of new water-dependent uses in suitable locations. Sec LWRP Section III - Policies; Pages 47 through $6 for evaluation criteria. ~ Yes [~ No [] Not Applicable Policy I1. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section I11 - Policies; Pages 57 through 62 for evaluation criteria. [] Yes [] N,, [] Not Applicable NJo,~ ~ -F ~ 'lb ,qt... Attach additiomd 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 X 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 617.21 Append£v C State Em,ironmental Q, ualiO~ Rtn,iew SHORT EN ['IRO/¥MENT,,I L A~SESSMENT FORM S£QR For UNLISTED .4CTIONS OMy PART I - Project h~_tommtion (To bo complete bF ~Xpplicant or ProJeCt sponsor) 1. App~icaol / Sponsor 2 Project Name 3 Project location: Municipatit¢ County 4 Precise location {Street address and road intemections, prominent landmass, otc or provide map) Is proposed action: )NEW ( )EXPANSION (~) MODIFICATION / ALTE RATION Describe project bnefly: 7 Amount of land affected: Initially: acres; Ultimalely: acres 0,3 $$ O, 8 NLil proposed action compty wflh existing or olher existing land use restlictions:( ) YES (~,) NO If No, describe bdefly: 9 What is present land use in vicinity of proj x t: fdescnbe) ~¢1 If Yes, list agency(s) and pemfit/approvals: ~ ~ . . -~ Does any aspect of ~he actian have a :u;rently ~alid ~ ..... penmt r~r approval? YES ( )NO If Yes listagency(s)andpe 1 /approvals j ~ F~ (~ NO ff Y~ I~ ~g~n~ ~n~ p~rmi~pprov~l~ I ce~i~ that the info~ation provided a~ve is true to the best of my k~owledge [Applicant/Sponsor Name: .__ ~,, & AiI~,.A"r'~ p~ Date: ~ If the action is/'n the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this ~ssessnToflt SE~R 617,21 Ap£endbc C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I Project infommtion (To be complete by Applicant or Project sponsor) 1. Applicant / Sponsor 2. Project Name 3 Project location: Municipali~ County 4. Precise location (Street address and road intersections, prominent landmarks, etc. or provide map) I )NEW ( )EXPANSION ~J~)MOOIFICATION/ALTERATION ] 6 Descdbe proiect bdefly: 7. Amount of land affected: Initially: ~ acres; Ultimately: acres 8 Will proposed action comply w~th existing or other existing land use restrictions:( ) YES (~f~) NO If No, describe bdefly: 9, What is present land use in vicinity of proiect: (describe): 1~ Residential ( / Industrial ( / Commercial ( ) Agricultural ( ) Park/ForesfJOpen Space ( ) Other 10 Does action involve a permit approval or funding, now or ultimately from any other Governmental agency,(Federal, State or Local) ? If Yes, list agency(s) and pemlitYapprovals: 11 Does any aspect of tt~e action have a currently valid permit or approval? YES ( ) NO ~.,'~-.If Yes, list agency(Sllc) ~b~o~and permit/approvals: ¢ s a result of proposed action, trill existing permi~/appraval require modification? YES (X) NO if Yes, iisi agencyis) and permit/approvals: I certify fhaf the iMormation provided above is frue fo the best ofrny kn, owledge fApplicant / Sponsor Name: , ~4b ~ ~ Date: I~.~ IC'M~A£ TIONAL DISCLOSURE FORM APPLICABLE TO OWNI~R, CONTKACT VENDEE AND AGENT: The Town of Southold's Code of Ethics prohibits conflicts of interest on the pmX of TOXXq~ officers and employees. The pu¢ose of this form is to provide infornaation, which can alert the Town of possible conflicts of intcrest and allow it to take whatever action is necessau, to avoid same. (Last name, first Ilame, middle init/al, unless you are aplglyfilg in the name ot' someone else oihe~ entity, such as a company. If so, indicate tile other person or corn )any name) NATIH/E OF ~PLICATION: (Check all thai apply) Special Exceplion *Othe~ Approval or Exemption fi-om plat or official map Change of Zone Tax Grievance *If "Other" name the activin: Do you personally (or t~ougb your company, spouse, sibling, parent, o~ child) have relationship with any officer or employee of the To~ of · l{elationsh~)" includes bl9~L o~ business interest. Sot tho]d? ~ "Business '~terest" · .............. ~,~a[ ,neat~s a oUSilleSs iI~c]udill~ partncr~hich the Town officer or em~,ee has e '~ ~ . ~. e~ml b a C~r~on m w~ c~ the To~ ~fi~ ~_pamal ~-nc~rship~ NO ~/'.}'ou anxwered "y~,~,[ complete the balance of th~x finwt and date and,vign where indicated Name ~)fperson employed by Ibc Town Tl[Ic o~ pos/lion of thai pe~s~m: Describe that lelationship between yourself (the applicant, agenl or cont~acl xcndec) and the Town oflhcer oI employee EiIllei' check ~he appropriate line ..X throtigh 1) (below) ~llld/or describe ibc relationship in ~l~e space provided. The Town olScei or employee or his or her, spouse, sibling, parcm, Ol child is apply): ~ ~ A) the owner of greater than 5% oftl~e shares of tim coqx)ratc stock of the applicanl (~vhen the applicant is a coq)o~ati6n} ~ _ B) the legal or beneficial owner of any interest m a non-coi]~o~ate cut/tv (whe ~ tl~e applicant is not a coq)oration); _ ~ ~ C) an officer, director, parlner, or employec ott ~e applicant: or _ D) the actual app canl I)I!SCRIPI'ION i)F ~;LATIONSltIP (cl~eck all that $t bnntted Signature: Print James F King, Presiden~ Jill 51[ Dd~cr£y. Vice-Presiden~ Pegg7 A Dickerson t)ave Bergen Bob Ghosio, Jr. Town Hall 53095 Route 25 Scuthold, New Ym'k ] 1971 0959 Telephone 1631~ 765-1892 Fax 16311 765~6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD June 18, 2008 Mr. Robert Barratt PE 4295 Vanston Rd. Cutchogue, NY 11935 RE: SHIU CHING CHEN 7433 SOUNDVIEW AVE., SOUTHOLD SCTM#59-6-5.1 Dear Mr. Barratt: The Board of Town Trustees took the following action during its regular meeting held on Wed., June 18, 2008 regarding the above matter: WHEREAS, Robert Barratt, PE on behalf of SHIU CHING CHEN 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 May 19, 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 practical through the imposition of the following Best Management Practice requirements: the installation of gutters and drywells in accordance with Chapter 236, Stormwater Management, of the Town Code, and a 10' non-tuff buffer along the landward side of the bulkhead, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on June 18, 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 structure complies with the standards set forth in Chapter 275 of the Southold Town Code, and, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that for the mitigating factors and based upon the Best Management Practice requirements imposed above, the Board of Trustees deems the action to be Consistent with the Local Waterfront Revitalization Program pursuant to Chapter 268-5 of the Southold Town Code, and, RESOLVED, that the Board of Trustees approve the application of SHIU CHING CHEN to construct an addition to the existin9 dwelling, abandon the existing well and cesspool, install a new septic system and raise grade level to elevations 9.4' and 10.2' when excavation spoil and top soil is replaced after installation, and connect to public water service, with the condition gutters and drywells are installed in accordance with Chapter 236, Stormwater Management, of the Town Code, and a 10' non-turf buffer is maintained along the landward side of the bulkhead, and as depicted on the survey prepared by Nathan Taft Corwin last dated June 26, 2008. Permit to construct and complete project will expire two years frorn 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, ' James I-. King, Presidedt Board of Trustees BOARD OF SOUTHOLD TOWN TRUSTEES SOUTIIOI,D, NEW YORK PERMIT NO. 6912 DATE: JUNE 18~ 2008 ISSUED TO: SHIU CHING CHEN PROPERT~ ADDRESS: 7433 SOUNDVIEW AVE., SOUTHOLD_ SCTM#59-6-5.1 AUTHORIZATION Pul suant to the provisions of Chapter 275 and/or ('haptcr 1 I 1 of Ibc/-t~wn ('ode ol thc ~x~n ol Jtlm' 18~ 2008 in consideration of application lkc in lhe sum of $250.00 paid by Shtu Chin~ Chon and subject to Wetland Pernfit io construct an addition to the existing dwelling, abandon the existing well and cesspool, install a new septic system and raise grade level to elex ations 9.4' and 10.2' when excavation spnil and top soil is replaced after installation, and conne¢ to public water service, with the condition gutters and drywells are installed in accordance with Chapter 236, Stormwater Management, of the Town Code, and a 10' non-turf bnffer is maintained along the landward side of the bulkhead, and as depicted ol the sm'vcy prepared by Nathan Taft Corwin last dated Jnne 26, 2008. IN W/1 NI~SS WHEREOF, die said Board of Frttstees hereby causes its ( orpo~atc 5, eal Io be aIfixed at/d i[icsc [pre, sc, nfs [o be st. ibscl it)cd by a maim ily of the said Board as <al' finis date TERNIS AND CONDITIONS Ih( I'crmdtec, St!il( (' i ~ C e ='es c_~g, al 42-20 Kissena Blvd~ Apt,/\4, l:lLtsh~NS~;is pall et'Iii(. COl/Si(tcratioil f~)l' the iss;ttancc of da( l'cmm dc, cs up. der(land and pr¢4c~ibe Io thc lbl]oxx iH~: lhal thc said Boar(i of'Fmstees and thc l,~wn ol'SoullloJd mc it]cz sod ()'om any ami al/ damages, or claims lbr damages, of suits arising diredly or indirectly as a rcst~lt oi'aux cpcralion pcitbmlcd pursuanl to this pcmlit, and the said Pcrmitte¢ will, al his or he~ t,xx ~ expense, defend any and alt such suils initiated by ddrd parties, and the said Permit(cc assumes full liability with respect thcldO, to thc COlnplete cxclusio:~ el'tiao Boa~d of Fruslccs or'thc Town of Sou(bold. Ihat this Pcmut is, xalid Ibl a period of'24 months, which is considered to be thc cs(milled an e×lcnsion may be nlade to the Board at a lah.~ (lille. l'hat this I>ermit sbonld be retained indetSnitel5, or as long as tile sltid l~ermitlec wishes maintad~ Ih¢ structure el projed invc, lved, to provide evidence to a?one concer?~cd aulhorization Was cn iginally (',blah;ed. 4¸ ['hat Ibc work involved will be sullied to tile htspection and approx al of(be Board o~ ils ilgCII[S, al/d non-compliance with lhe provisions el'Ih( originating i~pplication may be cause 1},~ icxocatiolx of this Pcm~it by rcsolutiol~ office said Board. ('hal th(re will be no tJllrcasol/ablc idcrfcrcuce witl~ navigalion as heroin au(heft×cd. (3. l'hat Ihcrc slmll be m> interference wdh ~1~¢ rigbl of the public Io pass and repass along beach behvcen high and low water nlm ks. Iha( it' ftlttire operations of thc 'i own of Soutbold require tile removaI and/el altelal ions m the Iocahon of the work herein authorized, o]' il] in thc opinion of thc Bored of Trttstces. the work shall (arise umcasonable obstruction Io fl'oo navigation, dic said Pem~ittec xxill bc required, upon duc notice, to l'Cl//OVC of alter this work prqjecI bcl'Cill stated wi(bout cxpc~ses to thc l'oxw~ oFgoull~old ,q Thc Permit(ce is lequii ed to provide evidence that ~ copy of this 'l~ us(cc pcrn'm bas bccn lc'corded with the Stff'fidk County Dcparh;lenl of Real Properties O!'ficc as a no(icc covcllallt at;d deed restriction lo the deed el'thc subject palccl. ,~LICi1 evidence shall bc pmxidcd wi(Isa nmdy (90) calendar days at'issuance el'ti'lis permil lhat Iht said Board will bo notilled by the Pcrmi/Icc of the c~mq)leti,,;n oflhe work lc) I'haL tile IPerndttee will oblain all ofl~ct porn/ils and consents that may be required stq,plementaI to this petmil, which may [,e :,u[¥ccl to revoke upon t'aihu¢ It> obt,qitq sltmc SOUTHOLD TRUSTEES ~o. Issued To Address THIS NOTICE MUST BE DISPLAYED DURING CONSTRUCTION TOWN TRUSTEES OFFICE,TOWN OF SOUTHOLD SOUTHOLD, N.Y. 11971 TEL.: 765-1892 mo~mos ~o S~]LSQtJI JO }~,~ fl]AO~JddV' SiP, VEt' OF Ft~OPEITTy SOL THOI,D Board Of Southoid Town lrustees SOUTHOLD, NEW YORK PERMIT NO. ,w~'l~--,~'/ DATE: Aug. 30, t999 ISSUED TO RIGHAf{D SAN$~VERE 2Xullt ri ulinn Pur~u*nf to fhe provisions o{ Chapter 615 of {he kaw, {he S?a}e o[ New York, Igg]: and ~pter 4~ of }he [~w~ of S}a}e o{ New York 1952; ond {he Sou{hold Town Orcin*nce fi~led "R[GU~TING AND THE PkACING O~ OSSIRUCIIONS IN AND ON TOWN WATERS AND PUBklC kA~DS and REMOVAk Off SAND, ~RAVEk OR OIH[R MAI~RIAkS [ROM LANDS UNDER TOWN WATERS ~nd in ~ecord~nce with the Resolution of The Board ~dopted ef ~ meeting held on A=g' ~5 19 99, ~nd in consideration of {he sum of $ t50.00 p,id by R~chard Sans~vere of $°uth~?~d N.Y. ~nd subject {o Terms ~nd Conditions llsfed on the reverse *[de hereof, of Southold Town Trustees oufhorizes ~nd permit, the followb9: Wetland Perm~t for a 4~X g0~ f~xed dock with the ccndition that the existing 7' wide dock be reduced in order to comply ~ith Permit and to be completed within: six (6) months ft'om lhe date o~ the p~blic hearing ~ll in ~ccord~nce wHh the detailed specific*tions ~s pre~nted in {he orlgin~{ing ~pplic~fion. IN WITNESS WHEREOF, The said Board of Trustees kere- by causes its Corpora~'e Seal ~'o be ~fflxed. and these p. re[ents to be subscribed by a m~jority of the seld Board ~s of tMs d~t~. Dock on Great Pond Plans Sansevere, 7433 Soundview Ave. SCTM~ 59 6 5 1 OCT - ~ September 27, 2000 Spec/f/cations: DecMng will be 6" wide planks spaced 3/4" apart. The dock will be 20 feet ia length and 4 feet wide. The original stx f6 x 6 } post w~ be removed and moved closer together to support the dock. 4--"-'- ]FRAMEI APPROVED BY BOARD OF TRUSTEES TOWN OF SOUTHOLD DATE ~/~o POND WIDE DECKING- SPACING 3/4"} NON TURF BARRIER TERMS ~nd CONDITIONS 'It:¢ pcrrg~t~ R~chard $ansavcre tesid~ngat 36 Sutton Place Apt. 88, NY, NY 10022 N.Y. Js part of the consideration for d~e is-manor of the Permit do~s understand ~ prexcribe to the fol- lowing: l. That the said Boaxd of Trustees and the Town of Southold ~ released from any and MI damages, or claims for damages, of suits arising di_,-c,~y or indirectly ~s a res,alt of any oper- s~on performed purvaant to this pexmit, and the ~ald Permitter will, at las or her ~wn expense, defend any and all ~uch ~ttits inithted by third parties, and the said Perntiuee axsaxmes full lhthtllty with respect thereto, ro the complete entduslon of the Board of Trt~te~ of the Town of Southold 2. ~I hat this Permit b valid for s lwaiod of 6 mos. which i~ coculdex-d to be the estimated dine required to complete the work involved, lint should clttxmaaXances w~rant, request for an extension may be made to the Board at a later date. 3. That this Permit should be teta~ed indefinitely, or as long ~ the said Pet-mittee wishes to maintain the structure or project involved, to provide evidence to anyone concerned that autho orization was originally obtained. 4. ~fhat die work involved will be subject to the inspection and approval of the Board or agents, and non-o0a~pliance with the provNiom of the originating application, may be cause for revo~atlon of this Pemilt by resolution of the said Board. 5. That there will be no uraeasonable interference with navlgadon as a result of the wark herein at/thotized. (5. That there shall be no interference with the fight of the public to pass tnd repa~s aloc~g the beach between high and low water marks. 7. ]'hat if furore operations of the Town of 8oudiold require the rem<mai and/or alterations irt the location of the work herein audiottzed, or if, An the opinion of the Board of Tnr~teeg the work shall cause urureasonable obstmmon to free navigation, the said Pennh:me will be t~'qulre~ upon due notice, to remove or alter this work or project herein stated without expenses to the Tcrven of Son thold. 8. 2q~at the said Board will be notified by the Permitter ot the completion of the work 9. ql:at the Permitter will obtain all other pexmlt~ and comera~ tintt may be required mty plementai to this permit wtdch may be subject to revoke upon failure to ol~Lln ~me. James F. King, President dill 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 'Ie/ephone i631) 765 1892 Fmx (631) 765 664I BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD CERTIFICATE OF COMPLIANCE # 0379C Date November 5,200_8 THIS CERTIFIES that the 4'X 20' fixed dock constructed with untreated lumber At 7433 Soundview Ave., Southold Suffolk County Tax Map #59-6-5.1 Conforms to the application for a Trustees Permit heretofore filed in this office Dated 6/23/08 pursuant to which Trustees Wetland Permit 5051 Dated 8/25/99 was Transferred and Amended on 7/23/08, and conforms to all of the requirements and conditions of the applicable provisions of law. The project for which this certificate is being issued is for a 4'X 20' fixed dock constructed with untreated lumber. The certificate is issued to SHIU CHING CHEN owners of the aforesaid property. Author~ed Signature New York State Department of Environmental Conservation Division of Environmental Permits, Region One mJNY @ Stony Brook, 50 Circle Road, Stony Brook, NY 11790 3409 ,lone: (631)444-0365 · FAX: (631)444-0360 Website: www,dec.state,ny.us PERMIT MODIFICATION Alexander B. Grannis Commissioner Shin Ching Caen 42-20 'Kissena Blvd. Apt. A-4 Flushing, NY 11355-3288 Re: 1-4738-03830/00001 7433 Soundview Ave., Southold Dear Chen: September 16, 2008 The Department of Environmental Conservation (DEC) has reviewed your request to modify the above referenced permit in accordance with the Uniform Procedures Regulations (6NYCRR Part 621). It has been determindd that the proposed modifications will not substantially change the scope of the permitted actions or the existing permit conditions. Therefore, the permit is hereby modified to authorize: Construct addition to exisiting siugle family dwelling, install new septic system, replace existing dock. All work must be in accordance with the NYSDEC plan stamped approved on 9/16/08 and prepared by Robert O. Barratt on 4/8/08, last revised 6/26/08. This letter is a modification to the original permit and must be available at thejob site whenever attthorized work is in progress. All other terms and conditions remain as written in the original permit. ('Alr Pemait Administrator 14b Looking West 14c Looking No~lh I~ob~ 0 I~rra~ ProperD' owner: Shiu Ching Chen ~ev # 1 Sobject property SCTM# 1000-59-6-5.1 Changes added per Trustee meeting 06/18108 1 Added gu~ers and d~ells Proper~ address: 7433 SOnlldview Ave. Southold~ NY 1197~ 2 Active leaching pools moved tol00ff from bulkhead Location Utilih, Pole ~, LIL 6 Revg 2 Notes Soundinqs observed on 06/25/08 (A) 2in depth (B) 14in (C) 22in Hardware Hot dipped galvanized Materials Untreated native timber Lumber Dimensions Piles: 6in x 6in lumber inserted into lake-bed and trimmed to a height of 18inches above decking. Bottom of piles trimmed to tapered point to aid inse~ion Gi(ders cross bracing and deck joists: 6in x 2in Deck boards: 6in x 2in x 625OC Rob~*t 0 E~arra~t Owner: Shiu Ching Chen SCTM# 1000-59-6-5.1 7433 Soundview Averse, Southold, NY 11971 Location: LILCO Utility pole# LIL6 Proposed modification to existing dock ~n accordance with Southold Board of Trustees letter dated 07/23/08 COUNTY Of SUFFOLK DEPARTMENT OF HEALTH SI~RLICES STEVE LEVY SUFFOLK COUNTY EXECUTIVE PERMIT ]he at{ached pkm. xx hct] duly signed by a representative ct'thc Depmlment, coostitutes a pen]fit to omstn~cl a xx ~[t'T supl~]x aml/o~ collcctitm system lin' the property as depicted. The applicant should take hole of any conditions ¢~ apploxa], xxhich tqqay be indica/e2 co the plan or enclosed herein. Construction i]lust COllfOl'llq wil]l applicalqc standards mchlding "S~nndnrds l~r Approval of Plans and Construction for Sewage Disposal Systems for Single Family Residences" and "Standards and Procedures for Private Water Systems." Omissions. cllu1s ul' /:~ck o~' dclails on thc plan does not release the applicant fi'om the vcsponsibilily of I~aving the conslructioi2 dtmc m cmqibrmancc x~ id~ applicable standards. pcmnt (plan) expHes three (3, vears after the approval date. Any modifications \vhich lqla\ aflbct lhc pmposcJ disposal or xx ater supply s/slems lcquires submission ora revised plan and additional £~'es (if applicable) IP~ ~capp~oxa/ prior to construction No inspections will be performed by the Department on expired pennils. Permits may be renewed, extended, h'ansl'ened or revised m accordance with lhe procedures described m ~'Submission Requirements for .kpproval of Sewage Disposal and Water Supply ]Facilities for Siugle Famib I)v, ellings" (Folqn W\VM;-041) II is the applicant's rcsponsibilit5 to call thc dcpartmcnt at 852-5754, in adrance, to arralige mspeclRms ol ibc ~xxage disposal ando~ xxater supply fhcilities prior to backfilling. These include inspechons o~' lhc scxvi~gc c(dlccmm and disposal systems, water supply system components and piping, and final grading as shoxxn on d~c appmx cd piaas In certain cases, inspcctioas of thc soil excavation may be reqmred to ddemmne the acccp{nbi[itv o[ thc soils Ibr sox\ 3go disposal systems. The Department must be notified at least 24 hours in advance to sd~cdu/c ;m inspoct{on and excavation inspections must be confirmed bi' calling 852-5700prior to 9:30 A.M., the mottling o/thc instwction. . Irt~ch' ~7/ q/ t/ e Sqffb/~' Cou,l)' Co&, "Septic Industry Businesses," ~cquu'c.s [/~/ cd/ i~]iv/~//c./ , FINAl, APPROVAL ISSUED BY THE DEPARTMENT IS NECESSARY PRIOR TO TIlE OCCUPANCY OF NEW BUILDINGS, ADDITIONS TO EXISTING BUILDINGS, OR FOR TIlE USE OF SEWAGE DISPOSAI~ OR WATER SUPPLY SYSTEMS. PAGE 1 ()l:' 2 *DIVISION OF ENVIRONMENTAL QU;~LITY+OFFICE OF WASTEWATER MANAGEMEN¥*360 YAPHANK A~,ENUE, SUITE 2C*YAPHANK Ny U980. PHONE: (63~}852-5700 FAX: (631}852-5755 IONS I~OR IqNAL APPROVAL OF CONSTRUCTED SYSTEMS ~) J/ iS line i/pplicatql's ~espolqsibility lo call the Dcpartnlcnl to arrange inspections of the sewage disposal supp]x ~'ucllifios prmr tn backfilling. These include inspections of the soil excavation 5or thc sewage xxhcn ~cquh'ed, and ~spcct Oils of the water supply well, well lateral, public wale~ supply ne, d sposnl ss'sre:11 p~pmg und haul ~adun~ Othc] i~qspecdonsma~ bcrequired. ' ' ' Fhc app[ic'alqt must snbmi' 4 pr:als of an as built plan (up to and including I1%]7 1. bx a p~ oJbssto n, of thc subject properly showing thc Ibllowmg: tile [o{ location . -id Illcl?b b( t qds descrlphon; b. tho lot nun~ber(s) and thc name of tho subdivision, if applicable: d. fiqo oxacl Iocation of tlne private xxcll and lateral, if applicable (give at least 2 dimensions nqcasmcd c~m~o~s tq'lhe builclmg to the wall); thc exact Incation ol:the public ware' ne, i/'applicable; I thc exact location of the septic tank and leaching pool(s), if applicable (give at leas~ 2 dilncnsions 15 otlq lhc colqqerg of the building to fine covers of the septic tank and each leaching pool): g thc exact Iocnt~o~¢ of the sewer linc fi'om thc dwelling to the street; it'applicable: and h ha~e a dear nren al least 3" x 5" for the Department's approval stamp. 2. l] anx ncxx subsmface scw':t~e disposal system components have been lnstalled, the applicant IllUSI Sklbllnl/ a cct'h I'icalc (~orm WWM-07S or cquivalen0 from the licensed sewage disposal installer, attesting that lhc ss sx'm has been constructed according to tbs criteria of thc Department. If a ce~ificate flora the installer cmmot bc oblamcd. [brm WWM 073 completed b5 a licensed architect or engineer may be submitted. I1 a xxe][ has been installed as the polablc waler supply, then thc applicant must submn a well comptclcd x~ithiln OlqC (I) yeai' by a celtified ]ab, and a weI1 dfillm's certificate completed by a licensed wall dri~]c1. 1~ thc xxcll or water quality docs not conform to standards, corrective measures will be requi~ed as described m thc prux' appro~',d oF lbo Dcpartl~nent. 4 11' am5 pre cx~stmg subsuNS~cc sewage disposal system components have beei~ abandoned ol removed, tJac applicanl musl submit a Certificate of Abandonment (Fom~ WWM-080) Ii-om a licensed cona'actor atteslina obtained, iix m WWM 073 completed by a licensed architect or engineer may be submitted q It [~tt~]lC XCXX CI'S afc utilized fbr the dwelling, thc applicant must also submit one (1) copy of the sewe] linc atp!x oxafi fi'om the sewer district. In districts operaled by Sufl~lk Count, one (1) original of Form S-9. dub' cxccurcd bx the SuFfolk County Department of Pub'c Works, and one (1) copy of a Sufl~lk Count5' Departmcnl' of Public Wo~ [<5 /qeld skclch a 'e cquh-ed lC' public 5x alcl is utilized, a lap letter Ih'om the app~ opriate waler district indicating that selv/ce has bcciq complcled /he thxc]lilqg xxill be required In ce~ imm cases, thc applicant w/Il be required to submit a certification fi-om a licensed desig~q prnlkssional, Ihat ali components of tine sex. age disposal system retaining wall o~ sewage collection system have been mspectml and construcled according to tlne approved plans and pemnit conditions. Rel~'r lo "Cerdticnlion Cnnsn-ucled lVol'ks" { Fou]n V=%VM 07g). Other documents may be rcqtmed as indicated on thc permit ~o cn~isi~ ucl. HEAl,TH DEPARTMENT REFERENCE NUMBER MUST ]gE ON ALL CORRESPONDENCE OR DOCUMENTS SUBMITTED. SUBMIT ALL NECESSARY FINAL PAPI;;RS AT THE SAME TIME. PIIOTOCOP1ES OF DOCUMENTS WILL NOT BE ACCEPTED. (Rev. 3/07) PAGE 2 OF 2 Nathan Taft Corwin III Land Surveyor New York State Department of Environmental Conservation Division of Environmental Permits, Region One SUNY @ Stony Brook, 50 Circle Road, Sony Brook, NY 11790 3409 Phone: (631) 444 0364 FAX: (631) 444-0360 Website: www.dec.state ny.us June 11,2008 M~. Shiu Shing Chen 42 20 Kissena Blvd. Apt A-4 Flushil~g,N.T 11355-32S8 Re: Permit fil 47384)3830/00001 Dear Pemdttee: In confbrmance with tile requirements of the State Uniform Procedures Act (Article 70, £ L) and its hnplementing regulations (6NYCRR, Part 621) we are enclosing your permit. Please carefully ~eacl all permit conditions and special permit conditions contained io tile pe~ mit to ensure compliance during the tenn of tile permit, if'you are unable to comply with any conditions, please contact us at tile above address. Also enclosed is a permit sign which is to be conspicuously posted at tile project site and protected fi'om the weather. Smcerely, Carol A. Farkas Environmental Analyst ('AF, d Enclosure NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION DEC PERMIT NUMBER '/-4738-03830/00001 FACILITY/PROORAM NUMBER(S) PERMIT Under the Environmental Conservation Law EFFECTIVE DATE June 10, 2008 EXPIRATION DATE(S) June 9,2018 TYPE OF PERMIT · New E] Renewal [] Modification [] Permit to Construct [] Permit to Operate [ J Adicle 18, Title 5: Protection of Waters F~ Article 15, Title 15: Water Supply !3 Article 15, Title 15 Water Transpod !J Adicle 15, Title 15: Long Island Werls I ] Article 15, Title 27: Wild, Scenic and Recre;~tional Rivers [] 6NYCRR 608 Water Quality Certification [] Adicle 17, Titles 7, 8: SPDES [] Article 19: Air Porlution Control [] Article 23, Tide 27: Mined Land Reclamation · Article 24: Freshwater Wetlands [] Article 25: Tidal Wetlands [] Adicle 27, Title 7; 6NYCRR 360: Solid Waste Management PERMIT ISSUED TO Shiu Shin9 Chert Adicle 27, Title 9; 6NYCRR 373: Hazardous Waste Management Article 34; Coastal Erosion Management E] Article 36: Floodplain Management E] Adicles l, 3,17,19, 27, 37;CNYCRR 380: Radiation Control TELEPHONE NUMBER ADDRESS OF PERMITTEE 42-20 Kissena Blvd. Apt A-4, Flushing, N.Y. 11355-3288 CONTACT PERSON FOR PERMITTED WORK Robert Barratt 4295 Vanston Rd. Cutcho~ue, N.Y. 11935 NAME AND ADDRESS OF PROJECT/FACILITY TELEPHONE NUMBER (631) 875-0275 Chert Property, 1433 Soundview Ave Southold COUNTY TOWN Sufflok Southold DESCRIPTION OF AUTHORIZED ACTIVITY: WETLAND # NY~M COORDINATES E: N: Abandon existing septic system and install new septic system. Construct addition to existing single family dwelling All work shall be done in accordance with the attached plans prepared by Robert O. Barrett on 5/12/08 and stamped NYSDEC approved on 6/10/08. By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL all applicable regu ations, the General Conditions specified and any Special Conditions included as part of this permit DEPUTY PERMIT ADMINISTRATOR; 3LJSaI~ V Ack],erman (CAF) AUTHORIZ~ 5,Gr~ rURE ADDRESS Region 1 Headquarters SUNY ~ Stony Brook, 50 Circle Road, Stony Brook, NY 11790 - 3409 IDATE June 11, 2008 Page 1 of 4 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION SPECIAL CONDITIONS 1 The limits of clearing, grading and ground disturbance line is equal to 20 feet east of the bulkhead as shown on the approved plans. 2. Any work, disturbance, and or storage of construction materials shall be confined to within the limit of clearing and ground disturbance shown on the approved plan. 3. Any demolition debris, including excess construction materials and or excess excavated materials, shall be disposed of on an approved upland site more than 100 feet from any regulated freshwater wetland by the close of business on the day such material was generated. 4. Prior to commencement of any construction activities, a continuous row of straw bales shall be staked end to end along the clearing limit line as described above. The bales shall be maintained, repaired and replaced as often as necessary to ensure proper function, until all disturbed areas are permanently vegetated. Sediments trapped by the bales shall be removed to an approved upland location before the bales themserves are removed. 5 Straw bales shall be recessed two to four inches into the ground at all times. 6. All fill shall consist of clean soil, sand and gravel that is free of the following substances: asphalt, slag, flyash, broken concrete, demolition debris, garbage, household refuse, tires, woody materials including tree or landscape debris, and metal objects. 7. All equipment and machinery shall be stored and safely contained greater than 100' landward of the regulated wetland or waterbody at the end of each 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 in an area greater than 100 feet landward of the regulated wetland or waterbody at all times. e'au'~'"~n, c~,,'uL be stored and safely contained I00 feet I ..... andw,~ru o~ ~he wetland or waterbody at the end of each day, then an absorbent tarp/mat system must be used. The absorbent tarp/mat system must ensure that inadvertent leakage of deleterious substances never reaches the ground or into the regulated wetland or waterbody. The tarp/mat must be large enough so that no part of the equipment over hangs the edge of the tarp/mat at any point. 8 All areas of soil disturbance resulting from this project shall be seeded with an appropriate perennial grass and mulched with straw immediately upon completion of the project, within Nvo (2) days of final grading, or by the expiration date of this permit, whichever is first. Mulch shall be maintained until a suitable vegetative cover is established. If seeding is impractical due to the season, a temporary mulch shall be applied and final seeding shall be pedormed as soon as weather conditions favor germination and growth. 9. Suitable vegetative cover is defined as a minimum of 85% area vegetatively covered and no unvegetated areas larger than one (1) square foot in size. 10. The permittee shall incorporate the attached Covenant (or similar language) to the deed for the property where the project will be conducted and file it with the Clerk of Suffolk County within 30 days of the effective date of this permit. This deed covenant shall run with the land into perpetuity. A copy of the covenanted deed or other acceptable proof of record, along with the number assigned to this permit, shall be submitted within 90 days of the effective date of this permit to: NYSDEC, Bureau of Habitat Regional Manager, SUNY @ Stony Brook, 50 Circle Road, Stony Brook, NY 11790-3409 DEL; PERMIT NUMBER ]-4738 03803/00001 PACE 2 of 4 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION ADDITIONAL GENERAL CONDITIONS FOR ARTICLES 15 (TITLE 5)~ 241 251 34 AND 6NYCRR PART 608 ( FRESHWATER WETLANDS) If future operations by the State of New York require an alteration in the position of the structure or work herein authorized, or if, in the opinion of the Department of Environmental Conservation it shall cause unreasonable obstruction to the free navigation of said waters or flood flows or endanger the health, safety or welfare of the people of the State, or cause loss or destruction of the natural resources of the State, the owner may be ordered by the Department to remove or alter the structural work, obstructions, or hazards caused thereby without expense to the State, and if, upon the expiration or revocation of this permit, the struc ute, f , 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 rem oval 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 undedaken 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 necessaryprecautions shall be taken to preclude contamination ofanywetland orwaterway bysuspended 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. 6 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 (he Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore the site to [ts former condition. No claim shall be made against the State of New York on account of any such removal or alteration 7 If granted under 6NYCRR Part 608, the NYS Department of Environmental Conservation hereby certifies that the subject project will not contravene effluent limitations or other limitations or standards under Sections 301,302,303, 306 and 307 of the Clean Water Act of 1977 (PL 95-217) provided that all of the conditions listed herein are met. 8 At least 48 hours prior to commencement of the project, the permittee and contractor shall sign and return the top portion of the enclosed notification form certifying that they are fully aware of and uqderstand all terms and conditions of this permit. Within 30 days of completion of project, the bottom portlon of the form must also be signed and returned, along with photographs of the completed work and, if required, a survey. 9 All activities authorized by this permit must be in strict conformance with the approved plans submitted by the applicant or his agent as part of the permit application. Such approved plans were prepared by Robert O. Barratt on 5/12/08. DEC PERMIT NUMBER I ¢ 1-4738 03830/00001 PAGE 3 of 4 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS Item A: Permittee Accepts Legal Responsibility and Agrees to Indemnification The permiltee, e×cepting state or federal agencies, expressly agrees to indemnify and hold harmless the Department of Environmental Conservation of the State of NewYork, its representatives, employees, and agents ( 'DEC") for all cia ms, su'ts, ac '~ons, and damages, to the extent attributable to the pormJttee'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 ar sing under Adicle 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 alt 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 fo 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 riparian rights of others in order to pedorm the permi[ted 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 Depadment of Environmental Conservation (the Depadment) 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 40t(3). The permittee shall provide a person to accompany the Department's representative during a~ inspection to the permit area when requested by the Depadment. A copy of this permit, including alt referenced maps, drawings and'special conditions, must be available for inspection by the Depar{ment at a~l times ai the project site or facility. Failure to produce a copy of the permit upon request by a Depadment 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 an,,y of thc,~ 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, SUNY @ Stony Brook, 50 Circle Road, Sto~y Brook, NY 11790 ~ 3409 General Condition 4: Permit Modifications, Suspensions and Revocations by the Department The Department reserves the right to modify, suspend or revoke this permit in accordance with 6 NYCRR Par[ 621. The grounds for modificat on, 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 perm t conditions, orders of the commissioner, any provisions of the Environmental Conservation Law or regulations of the Department related to the permitted activity. DEC PERMIT NUMBER 1-4738-03830/00001 IPAGE 4 of 4 TORRENS S'ab Total 15 00 Sub Total Ccand Total ]Sect:on ]Block ]Lot RECORD & RETUI~N TO: FEBS 1. Basic T*x 2 Additional Total TOT MTG TAX iCommunity Preservation Fund Consideration Amount $ Improved Vacant ]_.and TD TD TD CPF Tax Due $ Titl[ # Title Company Information Co Name Suffolk County Recording & Endorsement Page NSTRUMEN'! ~ In the VILLAGE or HAMLET or NOTICE COVENANT TO THE DEED DECLARATION THIS DECLARATION, dated __ day of (hereinafter the "Declarant"), whose address is ,200__, is m2de by WITNESSETH WHEREAS, the Declarant is the owner of certain real property located in the Town of Southold, Cotmty of Suffolk, State of New York, Tax Map # District 1000, Section 59, Block 6, Lot(s) 5.1 which real property is more particularly described in Exhibit A annexed hereto (hereinafter referred to as the "Property"); and WHEREAS, the Property is situated in or adjacent to regulated freshivater wetland SO-5 of the Southold Quadrangle which has been inventoried and mapped by the New York State Depamnent of Environmental Conservation (hereinafter "Depamnent"), pursuant to Enviro:maental Conservation Law (hereinafter "ECL") Article 24 (also known as the "Freshwater Wetlands Act") and Part 664 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 freshwater wetlands are regulated by the Department pursuant to ECL Article 24 and Part 663 of 6 NYCRR and require written authorization fi'om the Department prior to being conducted; NOW, THEREFORE, in recogmtion 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 24 and Part 663 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 cleating of vegetation; application of chemicals; excavation; grading and filling; and erection of any structures. STATE OF NEW YORK ) f, )SS. COUNTY OF ~.~'~I ('~.//:,, ) On the day of &l in the year 200~, before me, tbe unders~gued, a Notary Pubhc in and for sad state, personally appeaked ff{'tel,l .'~}'14 I,I ( 2( I{- , personally known to me or proved to me on the basis of satisfactory evidence to be the person who~ name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instru~nent, the person or entity upon behalf of which the person acted, executed the instrument. RETURN THIS FORM TO: PERktIT NUMBER: PROJECT LOCATIONIADDRESS: NOTICE OF COMMENCEMENT OF CONSTRUCTION COMPLIANCE Bureau of Habitat NYSDEC 50 Circle Road- SUNY Stony Brook, NY 11790 2356 OR FAX TO: 631-444-0272 ISSUED TO: CONTRACTOR NAME: ADDRESS: TELEPHONE: Dear Sir: Pursuant to (he General Condition of the referenced permit, you are hereby notified that the authorized activity shall commence on _ We cedify that we have mad the referenced permit and approved plans and fully understand the authorized project an~al~ permit conditions. We have inspected the project site and can complete the project as described in the permit and as depicted on the approved plans We can do so in full compliance with all plan notes and permit conditions The permit sign, permit and approved plans will be available at the site for inspection in accordance with general Condition No. 1. (Both signatures required) PERMITEE DATE CONTRACTOR DATE 7 HIS NOTICE MUST BE SENT TO THE ABOVE ADDRESS A T LEAST TWO DA YS PRIOR TO COMMENCEMENT OF THE PROJECT AND /OR ANYASSOCIATED REGULATED ACTIVITIES FAILURE TO RETURN THIS NOTICE, POST THE PERMIT S GN, OR HAVE THE PERMIT AND APPROVED PLANS AVAILABLE A T THE WORK SITE FOR THE DURA TION OF THE PROJECT MA Y SUBJECT THE PERM/TTEE AND/OR CONTRACTOR TO APPLICABLE SANCTIONS AND PENALTIES FOR NON-COMPLIANCE WITH PERMIT CONDITIONS NOTICE OF COMPLETION OF CONSTRUCTIO~I RETURN THIS FORM TO: COMPLIANCE OR FAX TO: 631 444-0272 Bureau of Habitat NYSDEC 50 Circle Road - SUNY Stony Brook, NY 11790-2356 PERMI ]- NUMBER PROJECt LOCATION/ADDRESS ISSUED TO: CON] RACTOR NAME: ADDRESS: TELEPHONE: Put suaat to the General Condition of the referenced permit, you are hereby notified that the authorized activity was completed on · We have fully complied with the terms and conditions of the permit and approved plans. (Both signatures required) PERMITEE DATE CONTRACTOR DATE THIS NOTICE, WITH PHO TOGRAFHS OF TH~' COM~'LE7 ~D i//ORK AND/OR A COMPLETED SURVEY, AS APPROPRI4 TE MUST BE SENT TO THE ABOVE ADDRESS WITHIN 30 DA YS OF COMPLETION OF THE PROJECT ' 95 20 1 {11/03) 9d New York State Department of Environm~._,ntal Conservation NOTICE The Department of Environmental Conservation (DEC) has issued permit(s) pursuant to the Environmental Conservation Law for work being conducted at this site. For further information regarding the nature and extent of the approved work and any Department conditions applied to the approval, contact the Regional Permit Administrator listed below. Please refer to the permit number shown when contacting the DEC. Permit Number Expiration Date Regional Permit Administrator ROGER EVANS NOTE: This notice is NOT a permit ROB Rol~t~t 0 glarra[/ Property owner: Shiu Ching Chen Subject property SCTM# 1000-59-6-5.1 Property address: 7433 Soundview Ave. Southold, NY 11971 Location Utility Pole #, LIL 6 Notes Proposed addition within existing building footprint Proposed lay-do,am area on ekisting driveway Existing cesspool to be abandoned Bu[Id~ead with non-tidal Great Pond 5 Proposed SCWA water service 6 Area encompassing the septic ta~< and leaching pools, the grade level will be raised to elevatinam 9.4Pt ttu'a 10.2ft when the excavation spoil and the top soil is replaced a~tcr installation of new septic system 7 Existing well to be abandoned 8 Existing structures ~re per survey 9 100t~ line Dom the bulkhead has been included for reviewer's convenience 10 Legend: Photos of general views (A) Looking east from "Crreal Pond" (B) Lool~ng west from house (C) Looking southwest from driveway 11 Legend: Photos of stakes (1) Test-hole looking east (2) Septic Tank waterside looking east (3) Leactdng pool waterside looking southeast TOWN OF SOUTHOLD ~,~IOPERTY RECORD CARD OWNER LAND AGE NEW Fa rm Tillable 2 Tillable 3 Woodland Swampland BrushJand House Plot Total IMP. NORMAL Acre STREET '7 L-; -s '-~. VILLAGE DISTRICT SUB. LOT N i ,~=.~. ~E :1 ~ ', ~,~- '~ ~ ACREAGE S W ,, ~ , TYPE OF BUILDING ; / TOTAL DATE REMARKS ' 'Z', ,;, ,,~ BELOW ABOVE FRONTAGE -/ / BULKH~D DOCK M. Bldg. Extension Extension Extension Foundation Basement Ext. Walls Fire Place ._Porch Porch Interior Finish Heat Roof Type Rooms 1st Floor Patio Rooms 2nd Floor Driveway Dormer ,.~' . . 16 Glendy Lane Brookville, NY 11545 Tel 516 297 6585 Fax 212 349 1724 November 21, 2008 Subject: 7433 Soundview Avenue, Southold, NY SCTM# 1000-59-06-5.1 To whom it may concern, My wife and I purchased the subject property from S. C. Chen on 11/21/2008 and we have appointed: Mr Robert Barratt PE 4295 Vanston Road, Cutchogue, NY 11935 to act as our agent regarding any actions arising pertaining to Trustees, DEC, SC Dept of Health and the ZBA for the subject premises. Thank you in advance for your cooperation, Frank and Diane Palillo