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Home My WebLink About6263 Office Location: Town Annex/First Floor. Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailin~ Address: http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 $outhold Town Clerk Fax (631) 765.9064 FINDINGS, DELIBERATIONS; AND DETERMINATION MEETING HELD APRIL 14, 2009 ZBA FILE # 6263 - FRANK and DIANE PALILLO, Applicants Property Location: 7433 Soundview Avenue, Southold (at Great Pond) CTM 59-6-5.1 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 I1 category on the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply received 1-12-2009 that states this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was found to be consistent under Town Code Chapter 268, which is also the recommendation of the Town LWRP Coordinator in a letter dated March 18, 2009 submitted to the Board of Appeals. PROPERTY FACTS/DESCRIPTION: This parcel is a non-conforming lot containing less than 20,000 square feet. The property is improved with a 1V: story frame home built approximately 40 years ago. The home fronts on a private road and the rear yard of the home fronts 0n Great Pond in Southold, as shown on the 04/08/2008 survey prepared by Nathan Corwln, Land Surveyor with the location of the home. BASIS OF TBrE APPLICATION: Zoning Code Sections 280-116-C and 280-124, based on 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 tile code-required minimum of 35 feet for a rear yard setback and less than 75 feet from Great Pond (freshwater boundary). The Building Department states that the setback will I~e 33 feet from the bulkhead for the deck reconstruction, and 40 feet to the bulkhead for the proposed second-story addition. FINDINGS OF FACT RELIEF REQUESTED: The proposed and existing second-story addition will be/is 40 feet to the bulkhead and the deck construction will be 33 feet to the bulkhead. The addition will Z~A Fae# 6263 - Fr--~' and Diane pAlilln CTM 59-6-5.1 include an existing dormer on the second story on the water side of the home, along with a 5.2' x 7.5' deck offthe master bedroom. The additions to the second-story roof, facing the private road, include the construction of three dog-house dormers measuring 8 feet in width, spaced 11 feet apart, details as shown on the 3/16/2009 plot plan map prepared by Robert O. Barrett, P.E. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Town Law §267-b(3)Co)(3)(1L Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. This construction is proposed on the original footprint of the existing foundation. The only exception is ~ small addition to the garage and the small second deck as proposed on the plans submitted by the engineer, shown as drawing//12068. The proposed additions do not affect the existing non-conforming set back from Great Pond at 33 feet. It is also noted that nine properties have frontage on Great Pond - four of which are larger than tile' subject property and the remaining other three parcels are smaller in area, and one parcel (CTM 9) is of similar size to the subject property. 2. Town La~ §267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method~ feasible for the applicant to pursue, other than an area variance. The size of the lot is non,conforming at .335 acres. The home, on its original footprint is placed in the center of the~arcel. The applicants' do not which to change this footprint, any alterations on the waterfront side of the subject property will be on the existing second story of the dwelling. 3. Town Law §267-b(3)C0)(3). The amount of relief requested is substantial based upon present Code/requirement of 75' from the existing bulkhead. The existing non-conforming setback repr~ents a 56% reduction from current Code requirements. The home has been in its presenttlocation for the past 35 years. 4. Town Law §267-b(3)ib)(5). The difficulty has not been self created. 5. Town La~§267-b(3)(b)(5). There is no evidence to show that the grant of the requested relief will not~have an adverse effect or impact on the physical or environmental conditions in the neighborhood. A March 19, 2009 letter was submitted by the Suffolk County Soil & Water Conservation District stating that there is no erosion evident, and that a recent site visit found the bulkhead and wooden dock appeared to be in excellent condition. It was also noted that no-natural resource concerns were observed during their site visit. 6. Town La~ §267-b. Grant of relief with conditions as noted below is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of additions to the dwelling, while preserving and protecting the character of the neighborhood and the health, safety and weJfare of the community. 2 Page 3 -April 14, 2009 ZBA File # 6263 - Prank and Diane pAlillo CTM 59-6-5.1 RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing tes~ under New York Town Law 267-B, motiOn was offered by Member Oliva, seconded by Member Weisman, and duly carried, to GRANT the variance as applied, as shown on the 3/16/2009 plot plan map prepared by Robert O. Barrett, P.E. subiect to the following Conditions: 1. AIl roof run off, must be contained by the use of down spouts and gutters and placed in code conforming drywells. 2. Non-tUrf buffer must be 10' in width and run the entire distance of the bulkhead, as shown on survey provided by agent for the applicants. 3. Existing first-story deck should be inspected for stability by the Building Inspector. If deemed unstable, it must be reconstructed to present construction standards and re-inspected by the same. That the abov~e conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses. setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimus in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes~inger~C~airman), O)iva, Schneider. T,his~~~~~~~. / /G~I) P. GOEHRINGER,~HAII~IAN ~/4/7~ /2009 Approved for Filing Simon, Weisman, and N 85 58 3 E Land Surveyor DEC 9 l, ~ 7433 SOUNDVIEW AVENUE, SOUTHOLD, NY 11971 FRANK AND DIANE PALILLO PROPERTY ~ ely ~o R~ O Barra~ PROPOSED RE-MODELLING - Elevation [ [ DRAWN ROB Robert O Barrat~ 4295 Vanston Rd 7433 SOUNDVIEW AVENUE, SOUTHOLD, NY 11971 FRANK AND DIANE PALILLO PROPERTY PROPOSED RE-MODELLING - Plan views Area calculation Footprint remains un*changed at 1770 sq ft First floor living space increased by 260sq ft by converting the garage Second floor living space increased by 383 sq ff by extending existing shed donner and adding three gable dormers Overall living space increased to 2233sq ff ROB Robert 0 Barratt 7433 SOUNDVIEW AVENUE, SOUTHOLD, NY 11974 FRANK AND DIANE PALILLO PROPERTY PROPOSED RE-MODELLING Fragment of survey approved by SC Dept of Health Services marked up to show zoning data IX/O*~ FORM NO. 3 NOTICE OF DISAPPROVAL DATE: December 2~.~200~ .......... 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 59 Block 6 Lot 5.~1 Is 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 XXII 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. 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 Table of Contems Current notice of disapproval Authorization Letter signed by current owner Application · Application form · Reasons for appeal · Applicant's project 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 assessmem 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 Services Permit # R10-08-0070 Dated 11/19/08 Owner's personal checks for the $600 filing fee ~n /~ For Office Use Only Fee: $ ~atg4.) Filed By: Date Assigned/Assignment No. Office Notes: ~[~ ~ ~r,~ HouseNo.~ Street ~1 ~ ~V~ Hamlet ~o~o~ ~ SCTM1000 Section ~ Block 1o Lot(s) ¢j.I LotSize O'5~ Zone ~.- 140 I (WE) APPEAL T~IE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED I~,,1 Z./'},.GOB BASED ON MAP DATED Telephone: ~- l~- ~8~ Fax g: NOTE: In addition to the above, please complete below if application is signed by applicant's attorney~'~rchitect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative: ~.OI~'R.T I~Pd~,O.. &'V¥ PC for (X) Owner, or ( ) Other: Agent's Address: ~?.c~s V&MSTOM R.~.~. (::O~'CHO~OE; M~' tlq~¢ Telephone (o'bl - ~'/S-07.?$ Fax #: ~ -"/~4-9.'l'a~ Email: r~v'~r~}~.v~/t~o~l~idtnn~.. Please check box to specify who you wish correspondence to be mailed to, from the above names: [] Applicant/Owner(s),or II, Authorized Representative, or [] Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED qt~e/O~ AN APPLICATION DATED IOXll FOR: XBuilding 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 ~gili Section 280- 1'l.9 Subsection XXn 2M- ~ b Type of Appeal. An Appeal is made for: ~A Variance to the Zoning Code or Zoning Map. [3 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 [] has ,~has not been made at any time with respect to this property~ UNDER Appeal No. Year__. (Please he sure to research before completing this question or call our office for assistance.) N a me of Owner: Zl}'~lle ~i ~ '~'-']- ...... REASONS FOR APPEAL (additional sheets may be used with preparer's sign ture): ~ ~_~ ~_.~ (1) An undesirable change will not be produced in the C~CTER' ~} 't~i ~efg~b~O~ a' detriment to nearby properties if granted, because: ...................... (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: (3) The amount of relief requested is not substantial because: ~"H ~ [IOT~ I~lO ~l~. I~. ~.G ~ (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: (5) Has the alleged difficulty been self-created? ( )Yes, or ll~)No. Are there Covenants and Restrictions concerning this land: ~ No. [lYes (please furnish copF). This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Check this box ( ) IF A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure to consult your attorney.) Signature of Appellant or Authorized Agent ' (Agent must submit wrltten Authorization from Owner) MELANIE DOROSKI NOTARY PUBUC, State ol New York No, 01DO463,t870 Oualified in Suffolk County Commission Expires September 30, ~[~ Applicant: APPLICANT'S PROJECT DESCRIPT (For ZBA Reference) Date Prepare4: I. For Demolition of Existing Building Areas Please describe areas being removed: II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: Dimensions of new second floor: ~S~--__~' - ~.I'~.I' MM OO~ ' 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: 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: 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: I~. ~ Percentage of coverage of your lot by building area: '! I * VI. Please describe the land contours (flat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): Please submit seven (7) photos, labeled to show different angles of yard areas after staking corners for new construction), and photos of building area to be altered with yard view. 7/2002; 2/2005; 1/2007 Looking Southwest at where gable dormers are proposed Owner Frank and Diane Palillo 09/23/08 Looking east where extension of shed dom~er is proposed Owner Frank and Diane Palillo 11/02/08 7433 Soundview Ave. looking SW from Drive~vay 7433 Soundview Ave. Looking SE from bulkhead QUESTIONNAIRE FOR FII lNG WITH YOUR Z.B.A. APPLICATION Is the subject premises listed on the real estate market for sale? [] Yes ~'No B. Are there any proposals to change or alter land contours? [] No '~Yes, please explain on attached sheet. 1) Are there areas that contain sand or wetland grasses? ~e~ 'nl.t)ST~& ~. ~EC. Pt[ii.MiTS 2) Are these areas shown on the map submitted with this application? ¥C~ 3) Is the property bulkheaded between the wetlands area and the upland building area? 4) If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? ¥~ Please confirm status of your inquiry or application with the Trustees: ~l~ I~'l~l~lT '~_1~. I~'$u~[~ ~_~[/41~, and if issued, please attach copies of permit with conditions and approved map. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? ~ ~ Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? ~l;-~l~ iMlll~tNi~(Please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) . Do you have any construction taking place at this time concerning your premises. ~[ O 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 proximity of your lands on your map with this application. IgO If yes, please label Authorized Signature and Date Please list present use or operations conducted at this parcel ~ll~(1 ~.F. ~: ~1 M ! t,~ and proposed use ~'11~ t.~ I~M i~.~ (examples: existing: single-family; proposed: same with garage or pool, or other description.) 2/0~; 1/07 Covenants and restrictions None Town of Southold LWRP CONSISTENCY ASSESSMENT FORM INSTRUCTIONS ~:k-~o~ ~ i 1. All applicants for permits* including Town of Southold agencies, shall Cornpi¢t~ Ihis. l~'~ for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. 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 permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus~ each answer must be explained in detaik listing both supporting and non- sup~orfin~ facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold ' s website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# { ~ ':sq' 6~ - ~' I 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): (b) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: · Connect SCWA water service · Install new septic system · Re-model part of existing house within footprint · Abandon existing well and cesspool Location of action: Site acreage: Present land use: Present zoning classification: '~S. II:)~T~ qt. If an application for the proposed action has been filed xvith the Town of Southold agency, the tbllowing information shall be provided: (a) Nameofapplicant: .~.c2. c~t,3 (oco~-r~.') gGE't~T. ~.C). {go,,~.r2~qT'F (b) Mailing address: /10P._ 12..o. Igao..o_,qTT Pe. 4'?--~ V,q~o~n"D~o ~_~:>,q.r~t ~owc_t~o q ~., ~ t I,~ ~ II (c) Telephone number: Area Code ( ) ~31-- ~-Z~'~ (d) Application nmnber, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [~ No[--] Ifyes, which state or federalagency? C. Evaluate the project to the tBIlowing policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. []Yes [-~ No [] Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria [~ Yes [~ No ~ Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria 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 Ill - 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 ~NotApplieable 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 ApOable Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. [~ Yes [--] No ~ Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section Ill - 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~ Not Applicable Attach additional sheets if necessary WORKING COAST POLICI Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. ~ Yes [] No [] Not Applicable Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. [] Yes ~ No ~ Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. ~ Yes [] No [] Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. [] Yes [-~ No ~ Not Applicable PREPARED BY ~ ~'~"~ ~ TITLE A-~.~ DATE 61Z21 AppendA' C State Environmental Quality Review SHORT ENVIRONMENT,4L ~SESSMENT FO~ For UNLISTED ACTIONS Only PART I - Project Information (To be complete by' Applic:mt or Project sponsor) 1. Applicant / Sponsor 2. Project Name 3. Project location: blunictpalil¥ County Precise location (Street address and road intemections, prominent landmarks, etc. or provide map) Is proposed actiom ( ) NEW ( ) EXPANSION ~ MODIFICATION/ALTERATION 7, Amountotland affected: aeons ] 8 Will proposed ao(io~ comply ~th exlsting or other exJsfiRg la~d use ~estn~tLons:( ) YES (~) NO If No, describe bdefly: 9. What is present land use in vicinily of project: (describe): ~X) Residen a I )~ndustdal ( )Cornrnercial ( )Agricultural ( ) Park/Forest/Open Space ( )Other 10 Does ac ion nvolve a permit approval or funding now or ultimately from any other Govemmen a agency,(Federak State or Local) ? ( ) NO if Yes, list agency(s) and permit/approvals: Il:'/j$-~,',',',',',',',',~0/00_001 mOO'l I=l ID 11 Does a~y aspect of the aoboR hsw 8 currently valid pemfit or approval? L(~) YES ( ) NO If Yes, list agency(sj and penni(/approvals: · ~. Io ~,So~¢. 12 As a result of proposed action, 'Mil existing permit~approval require modification? ~ )YES (X) NO If Yes, list agenr;y(s) and permiUapprovals: ] I terti~ that the information provided above is true to the best of my kn, owledge Applicant / Sponsor Name: ~. & A I~L~"I"~'_ _.~ Date: I~_~ Signature' ~ If the action is in the Coastal Ares, and you are a state agency, complete the Coastal Assessment Form before proceeding w/th this assessment 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAl, ,~SESSMENT FORM For UNLISTED ACTIONS Only S~QR PART I - Project Information (To be complete by Applicaut or Project sponsor) 1. Applicant / Sponsor 2. Proiect Name 3. Project location: Municipalit7 4. Precise location (Street address and road intersections, prominent landmarks, etc. or provide map) ~. Is ~r-opeeeO ectiom i ) ~W ( ) [×P^NSIO~ ~ M©DI~I~^TION/AL¥[RA~ION 6. Desedbe proiect briefly: ] 7. Amount of land affected: Initially:~'~ acres; Ultimately: (~' '~'~ acres 8. Will proposed action comply,Mth ex]sting or other existing land use restrictions:( ) YES (~) NO If No, descdbe bdefly: 9. What is present land use in vicinity of project: (describe): ~ Residential ( ) Industrial ( ) Commercial ( ) Agricultural ( ) Park/Forest/Open Space ( ) Other 10 Does action involve a permit approval or funding, now or ultimately from any other Governmental agency,(Federal, State or Local) ? ~l~) YES ( ) NO If Yes. list agency(s) and permit/approvals: YES ( ) NO If Yes, list agency(s) and permit/approvals: 12. As a result of proposed action, will existing permit/approval require modification? I( ) YES (X) NO If Yes, list agency(s) and permit/approvals: ] I certify that the information provided above is true to the best of my kn, owledge Applicant / Sponsor Name: ~, &~II~"T"~ ~G Date: I~,,~b~ Signature: ~ If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment TRANSACTIONAL DISCLOSURE APPLICA~ TO OWNER, CONTRACT VENDEE ~3 AGENT: The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of To;vn officers and employees. The purpose of this form is to provide information, which can alert the Tox~m of possible conflicts of interest and allow it to take whatever action is necessmy, to avoid same. (Last name, first name~ middle initial, unless you are applying in the name of someoue else ol other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check ail that apply.) Variance Special Exception *Other Approval or Exemption -- from plat or official map Change of Zone Tax Grievance '~-~ 0~ ~'~ *If "Other" name the activity: Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationshi "iocludes b blood, malria e~gg~r business interest." ' ' ' -- -- . · _ "Business interest" ~ness hm]udm~ a ~hip, in which thee Tow~ officer ar empl~partial oV~ershi of or em~loyment~b¥) a~hich the To~ officer or ~ 1o ee o~s~or~ 5% of NO [f you attswered IJzS complete the balance of thts form and date and sign where indicated Name of person employed by the Town of Soulhold: Title or position of thai pe~ son: .... _ ___ Describe that relationship between yom'self (tile applicant, agenl o~ contract vendee) and the Town officer or employee. Either check the appropriate line A through D (below) an4/or describe the relationship in the space provided. The Town officer or employee or his or her. spouse, sibling, pareut, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when tile applicant is a coq)oration); _____ B) the legal or beneficial owner of any interest m a non-co~])orate entity (when the applicant is not a corporatiou); ____ C) an officer, director, partner, or employee of the applicanl; ol .... D) the actual applicant. I-)ESCRIPT[ON OF RELATIONSHIP Signature: Print Na'ne:~lL~o 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 Ban'aa 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 TOWN OF SOUT] BUILDING DEPA TOWN HALL SOUTHOLD~ NY ] TEL: (631) 765-18¢ FAX: (631) 765-95( SoutholdTown. NorthFork. net B,_DG. DEPT. I TOWN OF $~t!THOLD J PERMIT NO. ~ 20 Approved ,20 Disapproved a/c BUILD1NG PERM~PPLICATION CHECKLIST Do you have or need the following, before applying? Board of Health ¥,g'~ ~' ~'t~ e t~ ~ 4 sets of Braiding Plans ydg--~* Building Inspector APPLICATION FOR BUILDING PERMIT Date I~ / SI ,200~ INSTRUCTIONS a. This application MUST be completely filled ia by lypewriter or ia ink and submitted to the Building Inspector with 4 sets of plato, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildiags on premises, relationship to adjoining premises or public salts or c. The work covered by this application may not be commenced before issuance of Building PcrmiL d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for impection throughout the work. e. No building shall be occupied or used ia whole or in part for any purpose what so ever until the Building Inspector issues a Certificate o f Occupancy. f. Evc~j building permit shall expire if the work authorized has not commenced with~_12 months after thc date of issuance or has not been completed with~ 18 months from such date. If no zoning amendments 6r bther..regulatians affecting the properV] have been ena~d ia thc interi~ the Building InapecIor may authorize, in writing, thc extension of the permit for an addition six months. TbercaRer, a new PCraUt shall be required. APPLICATION IS HEREBY MADE to thc Building Department for thc ~suance of a Building Permit pursuant to thc Building Zone Ordinance of the Town of Senthold, Suffolk County, New York, and other applicable Law~, Ordinances or Reguiations,. for the conslruction o£buildiags, additions, or alterations or for removal or dcraolition as herein described. The applie~aR agrees to comply with all applicable laws, ordinances, building code, housing code, Md regulations, and to ad~k autho~zed inspectors on premises and ia building for necessary inspections. (Si~a,ature of applicant or name~ ifa corporation) ~.. ..... (Mailing addrms of applicant) State whether applicant is owner, lnss¢¢, agent, architect, engineer, general conjuror, electrician, plumber or builder Namcofownerofpremises ~t~,~g. ~ ~I/~II~F.. (As on tlte tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders Lie, ease No. Plumbers License No. Ele, ea'icians License No. Other Trade's License No. 1. Location of land on which proposed work will be done: House Number Street Hamlet County Tax MapNo. 1000 Section ~q- Block O~ Lot ~'- ~ 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 :.~ I~q C~F~ ~v~l~.,~ Iq~ I~. b. Intended use and occupancy ~l~,l~C. L.g, 3. Natore o f work (check which applicable): New Building Repair Removal Demolition 4. EstimatedCnst '~ ~,C}O, Og}g3 5. If dwelling, number of dwelling units N[~II~' If garage, number of cam Addition Other Work Fee o O~ Alteration (Description) (To be paid on filing this application) Number of dwelling units on each floor 6. If business, commercial or mixed occupancy,, specify nature and extent of each type of use. 7. Dimensions of exis,ti~.g s ,,~uctures. if any: Front /~:t* Rear ~'~ ~ I Depth Height ~,O..t,~ , Number of Stories 2. Dimensions of same structure with alterations or a,dditions: Front N ~ ,(~,:l',~'l~N4 ~.. Rear Depth ~ ~ :L. Height -~ · -. Number of Stories 8. Dimensions of entire new construction: Front ~l~ Rear '~- '; Depth "". Height ? ." :" Number of Stories ':i - 9.. Sizcoflot:Front ][~")' ' Rear ~16'l~'/l' Depth 10. 'Da~ of Purchase il .~LI hi Name of Former Owner ~, ~, ll. Zone or u~e district in which premises are simated ~40 ~(l~laakt'q4-fl~,e~.~41.q~ 12. Does proposed construction violate any zoning law, ordinance or regulation? YES NO '~ 13. Will lot be ro-graded? YES ~ NO ' Will exc,~s fill be removed from premises? YES NO 14. Names of Owner of promises. F~ ~. P~I,~.~ Address ~,.~vlgl.~t~ #~'~h~ne No. NamoofArohitant ~., ~,e~l'~' ~p~,. Address~t~'~'~ ~'~ "~l~PhoncNo Name of Con~r ' A ddress~ii~'L'~r~g~&'II~ql~hono No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES ~ NO · IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b' Is this pr°perty within 300 feet °f a tidai wetland? * YES-- NO ~'/ · IFYES, D.E.C. PERMITS MAY BE REQUIRED. 'I'~,t~13~.C ~.~n~'r~ 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevatiun at any point on prol~rty is at I0 fe~ or below, must provide topographical data on 18. Are there any covenants and res~iedons with respect to this prop~n'y? * YES NO ~ · IF YES, PROVIDE A COPY. STATE OF NEW YORK) SS: COUNTY OF ) ~-~ 0 '~-'~-"r ~z) ~--~-- ~ ~-'~-~r- being duly sworn, dapeses and says that (s)he is thc ~plicant (blsarne ofinoividual signing contract) shovc named, (S)Hc is thc A ~ ~.~ "T' (Contractor, Agent, Carporate Officer, etc.) of.said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all ststcmcnts contained in this application are tree to the best of his knowledge and belief; and that thc work will be performed in the manner set forth in the application filed therewith. tary Pubhc Signature of Applicant ,James F. K2ng, PresidenC Jill M. Doherty, Vice President Pegb? A. Diekerson Dave Bergen Bob Ghosio, Jr. Town Il{all 53095 Route 25 P.O Box 1179 S(uthold, New York 11971 0959 Telephone 1631) 765-1892 Pax (631) 765 6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD June 18,2008 Mr. Robed Barratt PE 4295 Vanston Rd. Cutchogue, NY 11935 RE: SHIU CHING CHEN 7433 SOUNDVlEW 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-turf 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 CHINE; CHEN to construct an addition to the existing 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-tuff 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 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, Oame~'F. King, Presid~i~t Board of Trustees BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 6912 ISSUED TO: SHIU CHING CHEN DATE: JUNE 18, 2008 PROPERTY ADDRESS: 7433 SOUNDVIEW AVE. SOUTHOLD SCTM#59-6-5.1 AUTHORIZATION Pursuant to the provisions of Chapter 275 and/or Chapter 111 of tile Yown Code of the Tov, n of $ou thold and in actor&race with the Resolution of tile Board of'l rustees adopted at tile meeting held on June 18, 2008 in consideration of application fee in the sum of $250.00 paid by Shiu Ching Chen and subjecl to ti ~enns and Conditions as stated in the Resolution, the Southold Town Board ofTn~stees autho~ izes and [bllowing: Wetland Permit to construct an addition to the existing 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 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 buffer is maintained along the landward side of the bulkhead, and as depicted the survey prepared by Nathan Taft Corwin last dated June 26, 2008. IN WH NESS WHEREOF, the said Board of Trustees hereby causes its ( o~porate Seal to be affixed. and these presents lo be subscribed by a mrtjority of the said Board as of this dale. TERNIS AND £~ONDIT1ONS 'l he I>ermittee ~h_iu (?hin~ ClteA*_~residinul at 4~ 20 Kissena B~lv~d~_A )!aL A4, F'lushin~:k, Nh~, ax pat< el-the consideration tbr tiao issuano.: et'th,.: Permh &~es understand and prescribe to the follox', in~ I'hat the said Board o['Trustees and the 'l'own oF Sou<hold arc released from any and all damages, or claims lbr damages, of suits arising directly or indirectly as a result of ally operation performed pursuant to this permit, and tiao said Permit<ce will, at his or her own expense, defend any and all such suits initiated by third parties, and the said Penni<tee assumes ii_ill liability with respect the~ ere, lo thc complete exclusio i of tile Board of Trustees of tl~e Town of Sou<hold Il'mt this Permit is valid for a period of 24 months, wb_icll ix coosidered to be thc estimaled time required to complete the work involved, but should circums{ances watTant, request fo~ an extension may be made to the Board at n la/tzr dale. That this Permit should be retained indefinitely, or as long as tile s~tid Pemrittee wishes to maintain tile structure or project involved, lo provide evidence to anyone concerned that authorization was originally obtaiued. 'Fhat the work involved will be subject to the inspection and approval of` thc Board or ils agenls, and non-compliance with the provisions of'the originaling application llaay [De Cause revocation of this Permit by resolution of the said Board. That th<re wilt be no unreasonable interference with navigation as a result of the ;york herein authorized. That <!aero shall be no interference with thc right of ti'lc public Io pass and repass along beach between high aud low water marks. Fbnt il' future operations o£ tile 'luwn of $outhold rcquire the removal and/or alterations in the location of the work herein authorized, or il', in tile opinion of the Board of Trustees, the \york shall cause unreasonable obstruction to free navigation, th< said Petrol<lee will be required, upon due notice, to relnove or alter this work project herein stated without expenses to the Town of Soulhold. The Penni<tee is required to provide evidence that a copy of this 'l'l us<cc permit has been recorded with thc Suf`folk County Department of Real Properties Office as a notice cove~mnt and deed restriction to the deed of ~hc subject parcel. Suci~ evidence shall bt, provided within ninety (90) calendar clays of issuance of ti'ds permit. That the said Board will be notified lay the Permit<ce of the tempter ion of'lbo work aulborized. That the Permit<ce wilt obtain all ethel pcrmils arid consents that n:ay be requP'ed sut*plemental to this permit, which may bo subject lo revoke upon l~ilure to obtain same. SOUTHOLD Issued ,~ Date~ Address ' ' ~ THIS NOTICE MUST BE DISPLAYED DURING CONSTRUCTION TOWN TRUSTEES OFFICE,TOWN OF SOUTHOLD SOUTHOLD, N.Y. 11971 TEL.: 765-1892 Board Of Southold ]-own Trustees SOUTHOLD, NEW YORK PERMIT NO. 50'~1 DATE: Aug. 30, 1999 ISSUED TO RICHARD SANS~VERE Pursuant to the provisions of Chapter 615 of the L~ws of the State of New York, 1893: and ~apter 4~ of the Laws of the State of New York 1952; and the Southold Town Ordinance en- titled "RE~U~TIN~ AND THE PLACIN~ OF OBSTRUCTIONS IN AND ON TOWN WATERS AND PUBLIC L~NDS and fha REMOVAL OF SAND, ~RAVEL OR OTHER MATERIALS FROM LANDS UNDER TOWN WATERS:" and in accordance with the Resolution of The Board ~dopted et a meeting held on ~g' ~ 19 99, and in consideration of ~he sum of $ LS0.00 pald by ~ichard Sans~vere Terms and Conditions listed on the reverse slde hereof, of Southold Town Trustees authorizes and permlfs the following: Wetland Permit for a 4'X ~0~ ~ixed dock with the ccnd~tion that the existing ?r wide dock be reduced in order to comply with thc Permit and to be completed within six (6) months ~t-om the date o[ the public i~earina. ~11 in accordance w~h the detailed speMfic~tlons es pre~nfed in the o ~gmatmg eppl~cM~on. IN WITNESS WHEREOF, The said Board of Trudees kere. I~y causes its C;orpora~'e Seal to be efflxed, end these presents to be subscribed by a majority of the said Board as of this date. QIOMiNO~ ~0 Ni~,Ol S~]iSN~i JO i~ q]AO~ddV SURVEY OF N~{OPIEP~Ty S[TUA T£ SOUTNOLD TOWN OF SOUTHQLE) SUFFOLK COUNTY, NEW YORK S.C. T/~X No. 1000-59-06--5.1 SCALE 1"-$0' APRIL 8, 2008 Dock on Great Pond Plans Sansevere, 7433 $oundview Ave. SCT~ $9-6-$.1 OCT - ~ September 27, 2000 Specifications: Deddng will be 6" wide p anks spaced 3/4" apart. The dock will be 20 feet in length and 4 feet wide. The or/ginal six ~[6"x 6 .... I post will be removed and moved closer together to support the dock. 20ft / ~' --4ft ~ ~ [6"x 6" POST] ~ [FRAM[] APPROVED BY BOARD OF TRUSTEES TOWN OF $OUTblOLD POND WIDE DECKING- SPACING 3/4"J NON TURF BARPdER TERMS ~nd CONDITIONS 'l]~e Permlctee Richard Sansavere reaid~ngat 36 Sutton Place Apt, 88, NY, NY 10022 N.Y. as part of the comideradon for the i~vaance of the Permit does understand ~ad prescribe to the fob lowing: l. That the said Board of Trustees and the Town of Southold are releasecl from toy aU damages, or dait~s foe d:t~oages, of suits grlsing d~ectly or indirectly as 1~ result of any op~- afion performed pursuant to this permit, ttad the said Permiet~e will, It ELs or her own expend, defend an), and all ~uch suits initiated I~ third patties, ~nd the ~aid Permittee ~$ames fidl liability with respect thereto, ro the complete exclu-4on of the Board of Trustees of the Town of Southold 2. That tiffs Permit is valid for a period of . 6 mos. which i~ considered to be the estimated dine required to complete the work involved, b~t should drctumtmnce$ w~tran% request for an extension may be made to the Boaxd at a later date. 3. 'Il,at this Permit should be retained indefinitely, or as long ~ the said Petmitree wi~e$ to maintain the structure or project involved, to provide evlde~ce to anyone concerned that auth- orization was originally obtained. 4. That the work involved will be subject to the inspection mad approval of the Board ~ its agents, and non-~ompfiance with the provisloas of the originating applkatioa, may be cause for revocation of this Permit by resolution of the said Boaxd. 5. That there will be no unreasonable interference with navigation as n result of the w~rk herein add~orlzed. 6. That there shall be no interference with the fight of the pub[i~ to pa~ trod repa.~ along the beach between high and low water marks. 7. That ff furore o~.xafiom of the Town of Southold require the zetooval and/or in ~e l~don of ~ ~rk her~ ~o~ ~r ff,,~ ~e o~ of ~ ~ of T~ work sh~ ~ ume~uable obs~on to free na~ff~, ~e s~d P~ ~ ~ u~n due n0ti~, to r~ove or alter ~is work or proj~ herein s~t~ ~ ~ ro of ~u~old. 8. That the said Board will be notified by the Permletee ot the completion of the work 9. That the l~ermittee will obtain all other permits ,nd comen~ t~at may be required plemental to this permit which may be subject to revoke upon falltue to olxala ,amc. James F. King, President Jill M. Doherty, Vice President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765 6641 CERTIFICATE OF COMPLIANCE # 0379C Date November 5, 2008 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. Authorized Signature New York State epartment of Environmental Conservation Division of Environmental Permits, Region One SUNY @ Stony Brook, 50 Circle Road. Stony Brook, NY 1'i 790 3409 Phone: (631) 444-0364 FAX: (631) 444-0360 Website: www.dec.state ny us Alexander B Grannis Commissioner June 1I, 2008 Mt-. Sbiu Shing Cben 42-20 Kissena Blvd. Apt A-4 Flushing, N.Y. ]1355-3288 Re: Permit #1-4738-03830/00001 Dear Pennittee: In coufbn-nance with the requirements of the State Uniform Procedures Act (Article 70, ECl:) and its implementing regulations (6NYCRR, Part 621) we are enclosing your pennit. Please carefi, flly read all pemfit conditions and special permit conditions contained in the pem~it to ensure compliance during the term of the pem~it. If you are unable to comply with any conditions, please contact us at the above address. Alsn enclosed is a permit sign which is to be conspicuously posted at the project site and protected fi-om the weather. Sincerely, Carol A. Farkas Environmental Analyst CAF/dj Enclosure NEW YORK DEC PERMIT NUMBER 14738-03830/00001 FACILITY/PROGRAM NUMBER(S) DEPARTMENT OF ENVIRONMENTAL CONSi~ EFFECTIVE DATE PERMIT Under the Environmental Conservation Law June 10, 2008 FXPIRATION DATE(S) June 9, 2018 TYPE OF PERMIT · New [] Renewal [3 Modification [] Permit to Construct [3 Permit to OBerate [] Adicle 15, Title 5: Protection of Waters F~ Article 15, Title 15: Water Supply [] AdJcle 15, Title 15: Water Transport [] Adicle 15, Title 15: Long Island Wells FJ Adicle 15, Title 27: Wild, Scenic and [] Article 17, Titles 7, 8: SPDES [3 Article 27, Title 9; 6NYCRR 373: Hazardous Waste Management [] Article 19: Air Pollution Control [] Article 34: Coastal Erosion [] Article 23, Title 27: Mined Land Management Reclamation El Article 36: Floodplain Management · Article 24: Freshwater Wetlands Et Adicles 1, 3, 17, 19, 27, 37; 6NYCRR Recreational Rivers E3 Article 25: Tidal Wetlands 380: Radiation Control [] 6NYCRR 608: Water Quality Certification [] Article 27, TitJe 7; 6NYCRR 360: Solid Waste Mana ement PERMIT ISSUED TO ~ Shiu Shin9 Chen ADDRESS OF PERMITTEE 42-20 Kissena Blvd. Apt A-4, Flushin~l, N.Y. 11355-3288 CONTACT PERSON FOR PERMITTED WORK Robert Barratt 4295 Vanston Rd, Cutchogue' N.Y. 11935 NAME AND ADDRESS OF PROJECT/FACILITY Chert Property, 1433 SoundviewAve. Southold COUNTY TOWN Sufflok Southold WETLAND # DESCRIPTION OF AUTHORIZED ACTIVITY: rTELEPHONE NUMBER (631) 875-0275 INYq-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 Robed 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 regulations, the General Conditions specified and any Special Conditions included as part of this permit I DEPUTY PERMIT ADMINISTRATOR: ADDRESS Region I Headquarters SUNY ~ Stony Brook, 50 Circle Road, Stony Brook, NY 11790 - 3409 I DATE = ~ I Paclelof4 NEW YO.~,. $TATE DEPARTMENT OF ENVIRONMENTAL CONSERVAT~ 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 themselves are removed. 5. Straw bales shall be recessed two to four inches into the ground at all times. 6. All fill shall consist of clean soil, sand and gravel that is free of the following substances: asphalt, slag, flyash, broken concrete, demolition 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. J equipment cannot be stored and safely contained .... ~ ..... ~00 ~ee~ landw~ru o~ the webana 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 inadvedent 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 pad 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 two (2) days of final grading, or by the expiration date of this permit, whichever is first. Mulch shall be maintained until a suitable vegetative cover is established. If seeding is impractical due to the season, a temporary mulch shall be applied and final seeding shall be performed as soon as weather conditions favor germination and growth. 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 DEC PERMIT NUMBER 1 4738-03803/00001 PAGE 2 of 4 NEW Y OF ENVIRONMENTAL CONSERVAT~#~' ADDITIONAL GENERAL CONDITIONS FOR ARTICLES 15 (TITLE 5)i 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 healt h, safety or welfare of the people of the State, or cause loss or destruction of the natural resources of the State, the owner may be ordered by the Department to remove or alter the structural work, obstructions, or hazards caused thereby without expense to the State, and if, upon the expiration or revocation of this permit, the structure, fill, excavation, or other modification of the watercourse hereby authorized shall not be completed, the owners, shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore to its former condition the navigable and flood capacity of the watercourse. No claim shall be made against the State of New York on account of any such removal or alteration. The State of New York shall in no case be liable for any damage or injury to the structure or work herein authorized which may be caused by or result from future operations undertaken by the State for the conservation or improvement of navigation, or for other purposes, and no claim or right to compensation shall accrue from any such damage. 3. AIl necessaw 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. 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 the Department of Environmental Conservation may require, remove alt 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. 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 understand all terms and conditions of this permit. Within 30 days of completion of project, the bottom port;on 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 1-4738-03830/00001 IPAGE 3 of 4 YO~[ATE NEW DEPARTMENT OF ENVIRONMENTAL CONSERVAT~ NOTIF'~ATION OF OTHER PERMITTEE OBLIGATIONS Item A: Permittee Accepts Legal Responsibility and Agrees to Indemnification The permittee, excepting state or federal agencies, expressly agrees to indemnify and hold harmless the Depadment of Environmental Conservation of the State of New York, its representatives, employees, and agents ("DEC") for all claims, suits, actibns, and damages, to the ex~ent attributable to the permittee's acts or omissions in connection with, or operation and maintenance of, the facility or facilities authorized by the permit whether in compliance or not in compliance with tho 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 arisin9 under Article 78 of the New York Civil Practice Laws and Rules or any citizen suit or civil rights provision under federal or state laws. Item B: Permittee's Contractors to Comply with Permit The permittee is responsible for informing its independent contractors, employees, agents and assigns of their responsibility to comply with this permit, including all special conditions while acting as the permittee's agent with respect to the permitted activities and such persons shall be subject to the same sanctions for violations of the Environmental Conservation Law as those prescribed for the parmittee. Item C: Permittee Responsible for Obtaining Other Required Permits The permittee is responsible for obtainin9 any other permits, approvals, lands, easements and rights-of-way that may be required to carry out the activities that are authorized by this permit. Item D: No Right to Trespass or Interfere with Riparian Rights This permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the 'permitted work nor does it authorize the impairment of any rights, title, or interest in real or personal property held or vested in a person not a party to the permit. GENERAL CONDITIONS General Condition 1: Facility Inspection by the Department The permitted site or facility, includin9 relevant records, is subject to inspection at reasonable hours and intervals by an authorized representative of the Department of Environmental Conservation (the Department) to determine whether the permittee is complying with this permit and the ECL. Such representative may order the work suspended pursuant to ECL 7%0301 and SAPA 401(3). The permittee shall provide a person to accompany theDepartment's representat've dunn9' a~ 'Inspection to the permit area when requested by the Department. A copy of this permit, including all referenced maps, drawings and'special conditions, must be available for inspection by the Depar[ment at all times at the project site or facility. Failure to produce a copy of the permit upon request by a Department representative is a violation of this permit. General Condition 2: Relationship of this Permit to Other Department Orders and Determinations Unless expressly provided for by the Department, issuance of this permit does not modify, supersede or rescind any order or determination previousl~, issued by the Department or any of the terms, conditions or requirements contained in such order or determination, General Condition 3: Applications for Permit Renewals or Modifications Th e 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 Depadment 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, Stony Brook, NY 11790 - 3409 General Condition 4: Permit Modifications, Suspensions and Revocations by the Department The Department rese~es the right to modify, suspend or revoke this permit in accordance witn 6 NYCRR Part 621. The grounds for modification, suspension or revocation include: a) materially false or inaccurate statements in the permit application or supporting papers; b) failure by the permittee to comply with any terms or conditions of the permit; c) exceeding the scope of the project as described in the permit application; d) newly discovered material information or a material change in environmental conditions, relevant technology or applicable law or regulations since the issuance of the existing permit; e) noncompliance with previously issued permit conditions, orders of the commissioner, any provisions of the Environmental Conservation Law or regulations of the Department related to the permitted activity. DEC PERMIT NUMBER 1 4738-03830/00001 PAGE 4 of 4 TORRENS nor Ctf # ~ Deed / biortgage Instn2ment ,1 FEES ~age ," Filing Fee ~ 00 }A-5217 (State) %?TSA 2ohm:. of Ed __ 5. 00 Affida',i[ NYS Surcharge 15 O0 Dist I Section Real Property Agency Verification Sub Total _ Sub Total C~and Tola] I Block ~ [ Sa s~'acfionsfDischargesFReleases List Property Owners Mailing Address / RECOI~D & RETURN TO: Recording / Filing Stamts Mortgage ,Atnt ..... , Bas c T*x 2 Additional Tax __ Sub Total Spec/Assit. Or Spec /Add 'OT. MTG TAX Dual Town -- Dual Corn t':, Held for Appointment _ __ -ms for Tax __ dansion The property covered by !his m_~gag¢ or will be improved b5 a ore or :armPg dwelling only. YES ~ or NO____ I NO, see appropriate tax clau~e on Community Preservation Fund 3onsideration Amount $ CPF T:x,x Due Improved_ Vacant Land __ TD 'i'D TD TitJ # Title Company Information Co. Name Suffolk County Recording & Endorsement Page qSTRUMENT) SUTFOLK COUNTY, NrEW YORK TO Irt the Tcwnship of c/~' ~--/~- In the VILLAGE or H {MLET of ~QXE$ 6 TNRL g MUST B~ TYPED OR PRINTED IN BLACK INK ONLY PRIC, P TO RECORDING OR } tbfNO DECLARATION THIS DECLARATION, dated day of (hereinafter the "Declarant"), whose address is ,200__, is made by WITNESSETH WHEREAS, the Declarant is the owner of certain real property located in the Town of Southold, County of Suffolk, State of New York, Tax Map # District 1000, Section 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 freshwater wetland SO-5 of the Southold Quadrangle which has been inventoried and mapped by the New York State Department of Environmental Conservation (hereinafter "Department"), pursuant to Environmental 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 fi'eshwater wetlands are regulated by the Department pursuant to ECL Article 24 and Part 663 of 6 NYCRR and require written authorization from the Department prior to being conducted; NOW, THEREFORE, in recogrtition 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 frown the Department prior to such regulated activities being conducted on the Property. Regulated activities include, but are not limited to clearing of vegetation; application of chemicals; excavation; grading and filling; and erection of any structures. STATE OF NEW YORK ) )SS. : COUNTY OF ~q~4~ ) On the ~ [ day of ~(tx(lcl in the year 2004, before me, the undersigned, a Notary Public m and for said state, personally appealed f[~¢~,~ ~h,~ t4 (-l{4 I'Ll} , 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 siguamre on the instrument, the person or entity upon behalf of which the person acted, executed the instrument. RETURN THIS FORM TO: PERMIT NUMBER: PROJECT LOCATiON/ADDRESS; CONTRACTOR NAME: ,.~..OTICE OF COMMENCEMENT OF CONSTRUe Bureau of Habitat NYSDEC 50 Circle Road - SUNY Stony Brook, NY 11790-2356 OR FAX TO: 631-444-0272 ISSUED TO: ADDRESS: TELEPHONE: Dear Sir: Pursuant to the General Condition of the referenced permit, you are hereby notified that the authorized activity shall commence on _. We certify that we have read the referenced permit and approved plans and fully understand the authorized project and all 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 THIS NO T/CE MUST BE SENT TO THE ABOVE ADDRESS A T LEAST TWO DA YS PRIOR TO COMMENCEMENT OF THE PROJECT AND /OR ANY ASSOCIATED REGULA TED ACTIVITIES. FAILURE TO RETURN THIS NOTICE, POST THE PERMIT SIGN, OR HA VE THE PERMIT AND APPROVED PLANS AVAILABLE A T THE WORK SITE FOR THE DURA TION OF THE PROJECT MA Y SUBJECT THE PERMITTEE AND/OR CONTRACTOR TO APPLICABLE SANCTIONS AND PENAL TIES FOR NON-COMPLIANCE WITH PERMIT CONDITIONS Cut afon~ this line ~: ~< ~< ~ NOT CE OF COMPLETION OF CONS¥i 'O'd¥iS 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 PERMIT NUMBER: PROJECT LOCATION/ADDRESS: ISSUED TO: CONTRACTOR NAME: ADDRESS: TELEPHONE: Dear Sir: Pursuant 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 PHOTOGRAFH$ OF THE COMh'LEFED WOhtK AND/OK A COMPLETED SURVEY, AS APPROPR/ATE MUST BE SENT TO THE ABOVE ADDRESS WITHIN 30 DAYS OF COMPLETION OF THE PROJECT ' 95-20 1 (11/03) 9d New York State Department of Environmental Conservation NOTICE The Department of Environmental Conservation (DEC) has issued permit(s) pursuant to the Environmental Conservation Law for work being conducted at this site. For further information regarding the nature and extent of the approved work and any Department conditions applied to the approval, contact the Regional Permit Administrator listed below. Please refer to the permit number shown when contacting the DEC. Permit Number Expiration Date Regional Permit Administrator ROGER EVANS NOTE: This notice is NOT a permit ROB Ro~rt 0 ~,an,att Notes 1 Proposed addition within existing bnilding footprint 2 Proposed lay-down area on existing driveway 3 Existing cesspool to be abandoned 4 Bulkhead with non-tidal Great Pond 5 Proposed SCWA water service 6 Area encompassing the septic m~k and leac[fing pools, the grade level w/Il be raised to elevations 9.41't thru 10.21% wben the cxcavafon spoil and the top soil is replaced ahcr installation of new septic system 7 Existing well to be abandoned 8 Existing structures m-e per survey 9 100t1 line from the bulkhead has been included for reviewer's convenience 10 Legend: Photos of general views (A) Looking east from "Great Pond" (B) Looking 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) Leaching poni waterside looking southeast 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 New York State Department of Environmental Conservation Division of Environmental Permits, Region One ~JNY @ Stony Brook, 50 Circle Road, Stony Brook, NY 11790 - 3409 aone: (631) 444-0365 . FAX: (631) 4~.4-0360 Website: w'c~v.dec,state ny.us PERMIT MODIFICATION Alexander B. Grannis Commissioner September 16, 2008 Shiu Chiug Chen 42-20 'Kissena Blvd. Apt. A-4 Flushing, NY 11355-3288 Re: 1 4738-03830/00001 74: _~ Soundview Ave., Southold Dear Chen: The Department of Enviroimlental Conservatiou (DEC) has reviewed your request to modify the above referenced permit in accordance with the Uuifonn Procedures Regulations (6NYCRR Part 621). It has been determined that the proposed modifications will not substantially change the scope of the permitted actions or the existing permit conditions. Therefore, tile permit is hereby modified to authorize: Construct addition to exisiting single 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 modificatJou to the original permit and must be available at the job site whenever authorized work is in progress. /\11 other terms and conditions remain as written in tile original permit. CAF Pemlit Administrator Notes 14a Looking South ProperW ow,er: Shio Ching Chert Rev# 1 Cbange~ added per Trustee meeting 06/18/08 Sub,ject proper ty SCTIM# 1000-59.6.5.1 1 Added gutters and drywells Proper~ address 7433 SouIld~,,ie,w Ave. Southold, N~x' 1197I 2 Active leaching pools moved tol00fl from bulkhead Location Utili~, Pole #, LIL 6 P, ev# 2 Note added re doc~, size reduction 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. Botlom of plies trimmed to tapered point to aid insertion Girders cross bracing and deck joists: 6in x 2in Deck boards: 6in x 2in x 6 25OC ROB Robert 0 [~arraft Owner: Shiu Ching Chen SCTM# 1000-59-6-5,1 7433 Soundview Avenue, Southold, NY 11971 Location: LILCO Utility pole# LIL6 Proposed modification to existing dock In accordance with Southold Board of Trustees letter dated 07/23/08 DEPARTMENT OF HEALTH SERLICES COUNTY OF SUFFOLK PERMIT Ih< attached plan, /x hca duly signed by a rcprcsenlativc of Ibc Depadment, constitutes a i0en]qit to ConSlltlCl a supply aml/~ collection system fl)r the pEoperty as depicted. The applicant should take hole of anx condilhmx appEoxal, xxhich may he indicatet on the plan or enclosed herein. Construction lllust COl/Jbrm whll shmdards including "Standards rot Approval of Plans and Construction for Sewage Disposal Syslems Single Family Residences" and "Standards and Procedures for Private Water Systems." Omissions, errors IJtk of clelatls on lhc plan does not release the applicant fi'om thc responsibility ofl~aving the construction r he pe~ m~t (plal]) ex} iIcS tl~ e~c (_*, ycaEs arier the appmva date. Any modificalions which may afl'cci lhc pl'opo~,cd scxxagc disposal or water supply s"stems requires submission of a revised plan and additional I~es (if applic;d4c) fbi wappToxa] prior h> construction N0 illspections will be performed by the Department Ol1 expired perini~s. Pcrmds max be i'enewed, extended, transfcn'ed or revised in accordance with the pl'occdtlECS dcsct'ibcd in · ubnl ss on Requirements for ~,pproval of Sewage Disposal and Water Snpplv Facilities fei' Single Family l)wellm~s" ( Foml WWM-041 / ' ' h is thc applicant's rcsponsibilit> 1o call thc dcpatlmcol at 852-5754, in advance, to an'angc inspcchons o[ scxxagc disposal and/oE water supply fhcilities pEior to backtillmg. These mclnde mspechons of ll~c scxvagt col[teflon al/d disposal systems, water supply system components and piping, and fi~al gqading ns shown on appt~x ed plans In ce~ail~ cases, iqspections of l]]c soil excavation may be required to determine the acccplabilitx linc soils IhT scxxagc disposal systems. The Delmrmtent must be notified at least 24 hours in advance lo schedule :m inspection and t~rcavation inspections must be confirmed by calling 852-5700 p'ior to 9:30 A.JL. thc morning q/thc inspection, h'/ic/c ITl q/ ~/,e St([/d& Counh' Cee~c, "Septic Industry Businesses," rcqai~'c.s ~h~ ~// FINAl. APPROVAL ISSUED BY THE DEPARTMENT IS NECESSARY PRIOR~1'O TIlE OCCUP.\NCY OF NEV¢ BUILDINGS~ ADDITIONS TO EXISTING BIL/ILDINGS, OR FOR I lie [~SE OF SEV~ AGE DD, POSAI~ OR WATER SUPPLY SYSTEMS. 3/07) PAGE 1 O1:' 2 '.'DIVISION OF ENVIRONMENTAL QUALITY*OFFICE OF WASTEWATER MANAGEMENT+3G0 YAPHANK A'vENUE. SUITE 2C~.YAPHANK NY 11980, PHONE: {63~}852-5700 FAX: {631}852-5755 L?_2 aft 1 IONS APPR_OVAL TED SYSTEF IS dqk '~ ~ ~ ' ~ " mspecti~'the sex~a~e ~- ~' iN * :' I ~ llCLtnl'~ rcsponsib/liw lo call the Deparlnaent to arrange backSlling. These include iospectioos oi7 the soil excavation lbr the sewage disposal abel2 I'e(]LiIl'ed. and inspections t E the water supply well, well teral, public water supply line, disposal system. - ' Fhc applicant must stbmi! 4 priors of' an as-built plan (up to and including ll"xlT"), hx a licensed dex~ere a thc lot location and metss/bounds description; thc lot numbe~(s) and fine name of'the subdivision, iF applicable: pornmnen* structures (i.e., buildings, driveways, waIkways, swimming pools, decks. ]etamin~ walls, crc ~ tho oxact Ioczmon of the private well and lateral, if applicable (give at lea~l 2 din~ens~ons~ncasu~ed h'on/ thc ct~rne~s oFthe budding to the well); e flac exact h>calion oFthe public water i/ne, if applicable; I. tl~c exact location oF the septic tank and leaching pool(s), if applicable (give at leasl 2 dJnqcnsions n/ca,ut fi om fine conners of the bailding to the covers of the septic tank and each leaching pool): g tine exact location off tiao sewer linc fi-om thc dwelling to the street: if applicable: and h. ha~ e a clear area al least 3" x 5" for the Department's approval stamp. It anx ncxx subsurface sexxage disposal system components have been installed, the applicant nnm~ submit a cort]f'icalc (Fol m WWM-07S or equivalent) fl'om the licensed sewage disposal installer, attesting that thc syslcm ha~ hcon constructed according to fine criteria of ll}c Depmtment. Ifa ce]lificate from thc installer cannot bc oblahqcd. ibl m WWM-073 completed b5 a licensed architect or engineer may be subnaitted. If a xxc]l has been lnslalled as the potable wate~ sopply, then the applicant must submH a well water completed witlnin one (1) yea~' by a cctlificd lab, and a well & iller's ce]~ificate completed by a ]iccnscd well dri/lcl 11 llac ~xc[[ or water quali~ docs nor conform to standards, correcl/ve measures will be reqtm'ed as described m I)cpa ~cnl's "Private Waler System Standards." Please note: water tTeatment units mav oot be installed xx]ihOLH [3,,~ app~oxal of the Deparhnent. ' [1' an5 pre ex]sting subsm f}lce sewage disposal system components have been abandoned or rcmnvcd, ll~c applicam tnusr submd a (?emificate of Abandonment (Fom~ WWM-080) fi'om a licensed conU'actor attestin~ thai the xyslenl has been abandoned according to the criteria of the Depa12meot. Ifa certificale fi'om lt]e conl~actol can]mr {fl~tamod, tbnaa WWM-073 completed by a licensed arcbilect o~ cngioeer amy be submitted. F pttb~ ic scxx cls a~ c ulilizcd fief the dwelling, the applicant must also submit one (1) copy of thc sexx cz hne mspccho. upp~ cx[d I'~ nna the sewer district. In districts operated hy Suflblk Coun~, ooe (1) original of Form S-9, duly h} thc Std/,Ik County Depmtmcnt of Publ'ic Works, and one (1) copy ora Suf2blk Cot]ntT DepaFtmenl oF Public kX o~l<s t]e]d sketch a~c required ' - I1' pktbhc xx atc~ is utdized, a tap letter fi'om the appropriate water district indicaling that service has been completed thc dxxcllmg xxi/l be reqtmcd In ce~lam cases, the al)plicm~t w/Il be requi~ed to submit a certitication from a licensed desiDm pm~ssiooal, allcshng that ail components of the sex, age disposal systcm, rdaining wall or sewage collection system have beeo pFopc~ respected and conslTUcted according to fl~c approved plans and permit conditions. Refer to "Certificafim~ of Construcled Works" (Forth WWMi)73). Other documents may be required as indicated on the p~llnil I() HEAErI'll DEPARTMENT REFERENCE NUMBEP. MUST BE ON ALE CORRESPONDENCE OR DOCUMENTS SUBMITTED. SUBMIT AI,L NECESSARY FINAL PAPERS AT THE SAME TIME. PHOTO('()PIES OF DOCUMISNTS WILL NOT BE ACCEPTED. (Rev. 3~07) PAGE 2 OF 2 NY 005 - Bargain and Sale : (~20 NS~ L'.~ ~(~[~JR LAWY! · BgTWEEN :ed with Covcnam against Granmr's Acls Individual or Co~oration (Single Sheet) (NYBTU 8002) R BEEORE SIGNING Tills INSTRUMENT - THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY ade the I q qqIX 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 tile party of the first pari, in consideration of Ten Dollars and other valuable consideration paid by the 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 lined, with the buildings and irnprovement$ 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 the{arty 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 rights 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 par~ forever. AND the patty of the first part covenants that the party of the first part has not done or suffered anything whereby the said ~remises have been incumbered in any way whatever, except as 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 wi]] receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first l~r 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 constraed 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. IN PRESENCE OF: Underwriter No. L543954 Title Number AA1776-S Schedule A Description Revised: 11/20/2008 Page 1 ALL that certain plot, piece or parcel 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. NoAh 24 degrees 45 minutes 51 seconds West, 57.36 feet; 2. North 67 degrees 59 minutes 52 seconds East, 3.20 feet; 3. NoAh 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. NoAh 48 degrees 08 minutes 14 seconds West, 2.52 feet to land now or formerly of Rudolph Bemstein and Edith Inge Bemstein; THENCE North 85 degrees 58 minutes 30 seconds East along land now or formerly of Rudolph Bernstein 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 following4~v (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- ued 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 Groat Pond, 150.00 feet, moro 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 CIOVOWLEDGMENT FORM BELOW WlrHIN I'V~'~rW YORIr STArE ONLY: StateofNewYork, Countyof ~ I }3 (~2> }ss.: On the/T~'~lay of November in the ye~ 2008 before me. the undersigned, personally appeared Shiu-Ching Chert personally known to me or proved to me on the basis of satisfacto~ evidence to be the individual(s) whose name(s) is (are) subscrib~ to ~e withth insn~ment and ackoowledged to me that he/she/they executed the same in his/her/their capacity(iesL and tha~ by his/her/their signature(si on the instrument. ~e individual(s), or the pe~on upon behalf of which the individual(~ act}d, executed the instrument. 8[~IY 3 ~0 [New York Subscribhtg Witness Acknowledgmeal Cerqficate] State of 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 ( tf the place qf residence is in a city include the street and street number if any therer?/) that he/she/they know(s) to be the individual described in and who executed the foregoing instramant; that said subscribing w/mess was present and saw said exccum the same; and that said witness at the same time subscribed his/her/their name(s) as a witness thereto. USEACK~VOWLEDGMENT FORM BELOWW[THIN NEW YORK STATE ONLY: State of New York, County of } ss,: On the day of in the yem- before me, the undersigned, personally appeared personally known to me or proved to me on the basis of sadsi'hctor~ 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 stone in his/her/their capacity(/es), and that by his/her/their signature(s) on the instrmnent, the individual(s), or the person upon behalf of which the individual(s) acted, executed the thstrument, ACKNOWLEDGMENT FORM FOR USE OUTSIDE NEW YORK STATE ONLY: {Out of Stale or Fore/ga General Acknowledsment Certificate/ (Conlplete Venue wtth State. Counto,, 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 his/her/their capacity(/es), that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument, 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 place the ac~mowledgment wr~ taken). TlTLE NO BARGAIN & SALE DEED SHIU-CHING CHEN TO FRANK PALILLO AND DIANE PALILLO DISTRICT SECTION BLOCK LOT COUNTY OR TOWN RECORDED A T REQUEST OF Fidelity National Title Insurance Company RETURN B Y MA IL TO FIDELITY NATIONAL TITLE OINSURANCE COMPANY '?'.~/,.~.~,.~ /,/~ Fidelity ...~,~;~,...~," ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville December 11, 2008 Zoning Appeal No. 6263 Transmitted herewith is Zoning Appeals No. 6263 Robert Barratt PE for Frank & Diane Palillo - the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, No Covenants & Restrictions, LWRP Consistency Assessment Form, 2 Pages of Short Environmental Assessment Form, Transactional Disclosure Form, Notice of Disapproval from Building Department Dated December 2, 2008, Copy of Application for Building Permit Dated 11/21/08, Copy of Survey Showing Existing Construction & Proposed Septic System Dated April 8, 2008 Prepared by Nathan Taft Corwin III, Land Surveyor, 2 Pages of Engineers Drawings Showing Elevations & Floor Plans Dated 11/30/08 Prepared by Robert O. Ban:att, Engineer, Survey of Property Showing Existing & Proposed Construction Dated 12/04/08 Prepared by Robert O. Barratt, Engineer, I Page of Photos Showing Property, 2 Page of Property Record Card, 4 Page Letter from Board of Town Trustees Approving Construction of Addition & Cesspool System to Dwelling Issued to Shiu Ching Chert, Copy of Southold Trustees Permit #6912 Dated 6/18/08 Issued to Shiu Ching Chen, Copy of Survey of Property Showing Existing & Proposed Construction Dated April 8, 2008 Prepared by Nathan Taft Corwin III, Land Surveyor, Board of Southold Town Trustees Authorization Dated August 30, 1999, Description of Dock Construction, Terms & Conditions, Certificate of Compliance Dated November 5, 2008, Permit from NYS Department of Environmental Conservation Dated June 11, 2008 Issued to Shiu Ching Chen(10 Pages), Permit Modification from NYS Department of Environmental Conservation Dated September 16, 2008 Shiu Ching Chen (6 Pages), Copy of Deed Between Shiu-Ching Chen to Frank Palillo & Diane Palillo Dated November 17, 2008 (4 Pages). Town Of Southold P.O Box 1179 Southold, NY 11971 Date: 12/11/08 * * * RECEIPT * * * Receipt/t: 31259 Transaction(s): 1 1 Application Fees Reference Subtotal 6263 $600.00 Check#: 439/455 Total Paid: $600.00 Name: Palillo, Frank 7433 Soundview Avenue Southold, NY 11971 Clerk ID: CAROLH Internal ID: 6263 TOWN OF SOUTHOLD ~,~tOPERTY RECORD CARD ,/~- :,7 OWNER STREET --/Z~' 2 ~.z VILLAGE LOT DISTRICT SUB. ACREAGE TYPE OF BUILDING RES. SEAS. VL. LAND IMP. /f 0 0 TOT AGE BUILDING CONDITION NEW NORMAL Acre FaFm Tillable 1 Tillable 2 DATE REMARKS -. , ~ ,.~ ~r;' ~* I , - ' ~.4 ,~ , D ABOVE FRONTAGE ON WATER Value .~//~/ -/ / Tillable 3 Woodland Swampland Brushland BELOW Value Per Acre House Plot Total BULKHEAD DOCK ! Foundation Bath ~Basemenf Ext. Walls Floors Fire Place Porch Porch Interior Finish Roof Type Rooms 1st Floor 3reezeway Extension Extension Rooms 2nd Floor Dormer ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 12/10/08 ZBA # NAME CHECK # AMOUNT TC DATE STAMP RECEIVED 439 $2OO.OO 6263 PALILLO, F. & D. 455 $400.00 D,r-¢, 1 0 2008 $600.00 By__ Thank ou. OFFICE LOCATION: Town Hall Annex 54375 State Route 25 cor. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 mo~ From: Date: Re: MEMORANDUM Gerard Goehringer, Chair Town of Southold Zoning Board of Appeals Terry, Principal Planner ,,~? Mark LWRP Coordinator',~-~ ~ LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD I !AR 18 2009 March 18, 2009 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 existin.q floor area of the sinqle family dwellinq. 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 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.north fork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MARCH 19, 2009 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY, MARCH 19, 2009: 10:50 A.M. FRANK PALILLO and DIANE PALILLO # 6263. Request for a Variance under Sections 280-116-C and 280-124, based on 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). Location of Property: 7433 Soundview Avenue, Southold; CTM 59-6-5.1. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please do not hesitate to contact our office at (631) 765-1809, or by email: Linda. Kowalski@Town.Southold.ny.us. Dated: February 24; 2009. ZONING BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 03/19/2009 10:5§ 6317273160 USDA NRCS CO~ OF .~UFFOT.I~e PAGE 02/02 March 19, 2009 Omirman Ggrasd Ooehringer Board of Appeah Town of Southold P.O. Box 1179 Southold, New York 11971-0959 RE: ZBA File KEF. No 6263 (Palillo) Dear Chairman Oochringer: As rcquestod, a site review was conducted at 7433 Souudvicw Avenue in Southold on March 18, 2009. The site wa~ evaluated for potential ~atural resource concerns mgm'ding the addition to an ~xisting home, connecting to public water and upgrading the septic system. The property is located on Great Pond. There is an existing bulkhead and wooden dock, both of which appeared to be in exceUent condition. The property is nearly lcvcl, no erosion was evident. The proposed site plan shows gulters and downspouts into drywclls which will prevent any possible erosion resulting fi'om roof runoff. No natural resource concerns were observed at the above property with. regard to thc proposed renovations. If you requirc further assistance in this matter please don't hesitate to let me know. Be~t District Technician 42~ G~FFtNG AV~NL~E SU~T~ 110 RZVEP. I-IE&D, IC/ 11901 #9200 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1__ week(s), successively, commencing on the 5th day°f March'2009' ~,~a.~. 7~/'/~- Principal Clerk Sworn to before me this day of NOTARY PUBLiC-STATE OF NEW YORK No. Ol.VO610BO60 Qualified In SuffOll¢ COLIrlt¥ LEGAL NOTICE --- SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MARCH 19~ 2069 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pur- suant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hear- ings will be held by the SOUTHOLD TOWN ZONING BOARD OF AP- PEALS at the Town Hall, 53095 Main Road, EO. Box 1179, Southold, New ork 11971-0959, on THURSDAY, ~ARCH 19, 2009: 9:30 A,M, M. MENSCH. LLC and NORTH FORK SELF STORAGE g 6259. Request for Variances, based on the Building Inspector's November 25, 2008 Notice of Disapproval. which states that a proposed public self-storage building with an Apartment is not permitted, for the following reasons: (1) under Section 280-64C, no single structure shall have tnore than 60 linear feet of frontage on one street and the building wilt exceed this frontage along Depo[ Lane, and fur- 2008 Notice Of Disapproval concer~ning CTM 1000-145-3-3.1. a pr.opo~ed swimming pool in a side yard instead of the code-required rear yard, at 425 Rcne Drive, S.~uthold (Lot 3 on the 1978 Map of Gendron Minor Subdi- vision); ~ 54-6-4.L 9:55 A.M. JAMES and DENISE MARTIN #6262. Request for a Vari- ance under Section 280-114, based on the Building Inspector's November 7, 2008 Notice of Disapproval concerning proposed one-story additions and altera- tions to the existing dwelling, which new construction will be less than the code- required front yard setback of 60 feet on this 160,781 square foot parcel, located at Meadow Beach Lane extension (129 Suter'~ Right-of-Way). Matfituck; CTM 116-4-31. 10:05 A.M.E. MARELIC #6255. Re- quest to Waive a merger of two proper- ties under Zoning Code Section 280-11, based on the Building Inspector's No vember 24, 2008 Notice of Disapproval, citing Section 280-10. This property is shown on the Map of Bay Haven, Lots 32 and 33 as: (1) CTM 88~4q9 as va- cant lar~d, with a no~conforming area of +/- 17.500 square feet, and (2) CTM 88-4-18 as an improved parcel, with a nonconforming area of +/- 17.500 square feet, at 1160 and 1000 Bay Haven Lane, Southold. > 10:20 A.M. FRANK ZAGARINO TRUST by Carey Zagarino g 6257. Re- quests for Variances under Section 280 124, based oh the Building Inspector's November 14, 2008 Notice of Disap- proval concerning a new single-family dwellMg (after demolition o[ the existing building), for the reasons that the new 10:35 A.M. BRIAN FRAWLEY g 6261. Request for Variances based on the Building Inspector's November 3, 2008 Notice of Disapproval and Zoning Code interpretation # 5039 (WaN Appli- cation), citing Code Sections 280-112 and 280-124 for the minimum required side yard setbacks on nonconforming tots (51,955 square feet in this R-80 Zone). The applicant is proposing a new dwell- ing at less than 20 feet on a single side yard and less than 40 feet for total side yards. Location of Property: 4545 Hal- lock Lane (a private road), Mattituck; 10:50 A.M. FRANK PALILLO and DIANE PALILLO g 6263. Request for a Variance under Sections 280-116-C and 280-124, based on the Building Inspec- tor's December 2, 2008 Notice of Disap- proval concerning proposed additions and alterations to the existing single- family dwelling, which new construction will b~ less than the code-required mini- lnum of 35 feet for a rear yard setback and less than 75 feet from Great Pond (freshwater). Location of Property: 7433 Soundview Avenue. Southold; CTM 59- 11:05 A.M. MARY E. MANNING # 6265. Request for an Interpretation and/ or Variance under Section 280-124, based on ihe Building Inspector's revised De- cember 12, 2008 Notice of Disapproval concerning a proposed addition to the existing single-family dwelling: (~) which will be less than the code-required mini- mum 10 ft. side yard, and (2) which new construction will place the existing ga- rage in a side yard instead of the code- required rear yard, at 700 Terry Lane, than 100 feet from the top of the bluff adjacent to the Long Island Sound, and (2) concerning a proposed single-story addition to the existing dwelling with a setback at less than the code-required 15 feet on a single side yard on this 24,053 square foot nonconforming lot. Location of Property: 1425 Sound View Ro~.d, Orient. CTM 15-3-16. 11:40 A.M. HIGHLAND HO USE Fl, LLC #6253,Request for a Variance under Section 280-121G. based on the Building Inspector's November 10, 2(g)8 Notice of Disapproval concerning proposed al- terations to an existing detached garage with (nonconforming) apartment above. The reasons stated are that "whenever a nonconforming use of a building or premises has been discontinued for a period of more than two years or has been changed to a higher classification or to a conforming use. anything in this article to the contrary notwithstanding, the nonconforming use of such building or premises shall no longer be permit- ted, unless a variance therefore shall have been granted by the Board of Ap- peals. The building Inspector's Notice of Disapproval is based on a Pre-Existing Certificate of Occupancy application in- spection report dated 10/27/08 tiler states that the existing detached garage with apartment above has not been used in years, Location of Property: Oceanview Avenue and Heathulie Avenue, Fishers Island; CTM Parcel 1000-9-11-7.12. 12:00 EM. PAUL KATZ #6258 Re quest for a Variance under Section 280- 15(F), based on the Building Inspector's June 23.2008 Notice of Disapproval con- cerning a proposed accessory garage at a setback of less than the code-required posed additions and alterations to the exi~fing single-fam0y dwelling at less than the code-required minimum of l0 feet on a single side yard and less than 75 feet from the exisfing bulkhead ad- jacent to Orient Harbor, at 12580 Mare Road. East Marion; CTM Parcel 1000 31-14-8.2, 12:15 EM. ROMANELLI REALTY. INC. #6224 and #6100. (Continued hea~ ings pending additional inforlnation from applicant.) Locati&~ of Property: 36660 Route 25 (South Side of Main Road), Cutchogue; CTM 97-3-3.1 (for- merly 97 3-3). Request for Variances and Special Exception related to a proposed contractor's yard nnd three principal buildings on this 63,338 square foot lot in the LB Limited Business Zone District. The Board of Appeals will hear all persons, or their representatives, desir lng to be heard at each hearing, and/or desiring to submit written statements before the conclusion ol each hearing. Each hearing will not start earlier than designated above, Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please do not hesitate to contact our office at (631) 765-1809, or by e-ma0: Linda. Kowalski@Town. Southold.ny.us. Dated: March 1,2009. ZONING BOARD OF APPEALS GERARD E GOEHRINGER. CHAIRMAN BY LiNDA KOWALSKI 54375 Main Road (Office Location) 53095 Main Road (Ma0mg/USPS) RO. Box 11:79 Southold, NY 11971 (}959 9200-1T 3/5 NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME PALILLO, F. & D. #6263 MAP # 59-6-5.1 VARIANCE SETBACK & BULKHEAD REQUEST 2nd STORY ADDITION & DECK RECONSTRUCTION DATE: THURS,MAR. 19, 2009, 10:50 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AIVI and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 117g Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net February 2¢-/2009 Re: Town Code Chapter 55 - Public Notices for Thursday, March 19, 2009 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Times Review newspaper. 1) Before March 2,d Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction :area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to al_l owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. ]f any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owne,', to the best of your ability, and to confirm how arranqements were made in either a writte. statement, or durinq the hearing, providing the returned letter to us as soon as possible; AND not later than March 6th: Please either mail or deliver to our office your Affidavit of Mailing (form encloSed) with parcel numbers, names and addresses noted, and furnish it to our office with the white receipts postmarked by the Post Office. When the green signature cards are returned to you by the Post Office, please mail or deliver them to us before the scheduled hearing..' If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later March 11th: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at your property for seven (7) days (or more) until the hearing is held. Securely place the sign on your property facing the street, no more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is available for the additional front yard. Please deliver or mail your Affidavit of Postin.q for receipt by our office on March 17, 2009. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Encls. ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of (Name_of Applicants) CTMParoeI#1000- C;~i - ~- - 5. ~ OF MAILINGS COTYNTY OF SUFFOLK) STATE OF NEW YORK) ( ,, , c ,~ ~' c, ~,, , New Yor~ bei~ duly swo~, depose and ~y ~t: On the 2 (z ~c day of ~ C ~ ,~, I persmmlly mail~ ~ the Unit~ S~tes Po~Offi~in '~'. : ~-}c,, ,'~ ,NewYork, byCER~D~IL,~~CE~T ~Q~S~D, a tree copy of the atNched Legal Notice in pre.id envelops ad&es~ to c~em o~e~ sho~ on the ouffent assessmem roll ve~fied from the o~eial r~r~ on file ~ ~e (~ ~sessors, or ( ) ~ty Real Prope~ O~ ,,~, for prope~ which abu~ ~d is across a public or pdvs;e sffeet, or ~ehieular ri~t4f, way of s~o~ng the applio~t's pro~fly. (Signature) Sworn to before me this ~)-~1!;, dayof ~Li~c~,,,~j, 200 I (Notary Public) CONNIE D. BUNCIi Notary Public, State of New ¥or!¢ No. 01BU6185050 Qualified n Suffolk County ;'.ommission Ex~oires April 14 ?0 PLEASE list, on the back of tiffs Affidavit or on a sheet of paper the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. $ $0.~2 0971 $2.70 76 $2.20 H~ ITt '.[r,O.~ 097! S2.70 76 $2.20 $5.32 02/25/~09 · ., 2, arad 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. ~ · Attach this cad to the back of the maJlplese, or on the front if space permits. 1. Article Addressed to: :~' 2. Article Number PS Form 3811, February 2004 B. Received D. Is dalivety n Addressee Ill [] In~ Mall 4. Restricted Delive~ (Exba Fee) 7008 1830 0004 5063 4960 [] Expmes Mall [] Ratum Receipt for Merchandise [] C.O.D. DYes · Complete item., 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so th~l~Ne can return the card to you. · Atta¢~ls cad to the back of the mailpiece, or o~[ front if space permits. 1. Articl~ressed to: 2. Article Number (??an$ re? f?om .~-v/ce ,~)e~ 7008 ~ PS Form 3811, Febru~ 20~ C. Date of Delivery Certified Mall [] Expmes Mail [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Res(dated Delh/ery? (Ex~a Fee) 1630 0004 5083 4997 Domestic Return Receipt 102595-~4~1540 ZONINO BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of F:: '¢ i>. (Name of Applicants) Regarding Posting of Sign upon Applicant's Land Identified as 1000- 5-q ~o - %, ~ COUNTY OF SUFFOLK) STATE OF NEW YORK) RECEIVED OF SION POSTING I, ~---~t~6"rcr ~,qCl~n~f- residingat z~%ci~ VA~r 'troy,.) {~ C' o-cc/4oc; t~ t~ , New York, being duly sworn, depose and say that: On the ~Lday of tz-tE~ ,~r~ , I personally placed the Towa~'s official Poster, with the date of heafing and nature of my application noted thereon, securely upon my property, located ten (10) feet or closer from the street or fight-of-way (driveway entrance) - facing the street or facing each street or fight-of-way entrance;* and that I hereby confirm that the Poster has remained in place for seven days prior to tl'~t date of the subject heating date, which hearing date was shown to be _. ~.¢M Iq H~ , ~t:}~ o .~ , (Notary Public) (Signature) *near the entrance or driveway entrance of my property, as the area most visible to passersby. Office Lo____cafiog: Town Annex least Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) $outhold, NY 11971 http:llsoutholdtown.northfork.net BOARD OF APPEALS ' TOWN OF SOLITFIOLD Tel. (631) 765-1809 Fax (631) 765-9064 53095 Main Road P.O. Box I179 Southold, NY 11971-0959 Date. ' ~ [ / -- FACSIMILE TRANSMITTAL SHEET TO: Fax # REFERENCE:: TOTAL NO. OF PAGES INCLUDING COVER= SENDER S TELEPHO~ NUMBER= 76S-1809(press latvoice recording) [] URGENT [] FOR YOUR UPDATE [] PLEASE COMMENT [] AS REQUESTED NOTES/COMMENTS: Please find attached copy/copies of the following. Thank you. Sender's Initials: DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE THOMAS A. ISLES, A.I.C.P DIRECTOR OF PLANNING January 6, 2009 Town of Southold ZBA 53085 Main Road PO Box 1179 Southold, NY 11971 Att: Gerard Goehringer, Chairman Dear Mr. Goeringer: Pursuant to the requirements of Sections A 14 14-23 of the Suffolk County Administrative Code, the following application submitted to the Suffolk County Planning Commission is to be a matter for local determination as there appears to be no significant county-wide or inter-community impact. A decision of local determination should not be construed as either an approval or disapproval. Applicant Palillo Municipal File Number #6263 Very truly yours, TRK:ds Thomas A. Isles Director of Planning Theodore R. Klein Senior Planner LOCATION MAILING ADDRESS H. LEE DENNISON BLDG.- 4TH FLOOR P.O. BOX 6100 (631) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 8534044 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailine Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.north fork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765.1809 Fax (631) 765-9064 December 10, 2008 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File #6263 Action Requested: Within 500 feet of: Owner/Applicant: PALILLO Setback and Bulkhead ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Encls. Gerard P. Goehringer ZBA Chairman Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 Fax (631) 765-9064 December 10, 2008 Mark Terry, Senior Environmental Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 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. Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 Fax (631) 765-9064 December 10, 2008 Suffolk Cotmty Soil and Water Conservation District 423 Griffing Ave., Suite 110 Riverhead, New York 11901 Re: ZBA File Ref. No. 6263 (PALILLO) Dear Sir or Madam: We have received an application for a project adjacent to Great Pond in Southold, NY, and shown on the enclosed site map. The hearing on this application is expected to be held in approximately 6 weeks. Enclosed is a copy of the site map, together with the application and a copy of the area map. May we ask for you assistance in an evaluation and recommendations for this proposal. Thank you for your assistance. Very truly yours, Gerard P. Goehringer Chairman Encls. Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold. NY 11971 M.~ailin g Address: 53095 Main Road P.O. Box 1179 Southold, NY i 1971-0959 http:Hsoutholdtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 April 24, 2009 Mr. Robert Barratt, P.E. 4295 Vanston Road Cutchogue, NY 11935 Re: ZBA File No. 6263 -Variance Application (Palfllo Premises) Dear Mr. Barrett: Enclosed please find a copy of the Zoning Board of Appeals determination rendered at the Board of Appeals Meeting held April 14, 2009. Before commencing construction activities, other agency approval(s) would be necessary. Please be sure to follow-up with the Building Department for the next step in the zoning review and building permit application process. Thank you. Very truly yours, Encl. Linda Kowalski Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 httpd/southoldtown.northfork.nct BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 Mailin~ Address: 53095 Main Road EO. Box 1179 Southold, NY 11971-0959 FACSIMILE TRANSMITTAL SHEET F~x # TOTAL NO. OF i~AGES INCLUDING COVER: SENDER'S TELEPHONE NUMBER: 765-1809 (pres~ 1 at voice recording) /-/ [] UKGENT ~FOR YOUR. UPDATE [] PLEASE COMMENT [] AS REQUESTED [] _ MOTES/COMMENTS: Please fred attached copy/copies of the follo~. Thank you. Sendees Inifia.ls: ~./ Proiect Information Single family dwelling, Built 1957 Proposed re-modelinq work scope 1. Extend second floor dormer 2. Extend living room into existing garage and re-locate closets 3. New work to the Residential Code of NYS latest edition Permits in place 1. Southold Board of Trustees 2. NYS DEC Region 1 3. SC Health Services Zonin,q Schedule All set-backs airs pre-existing as follows: Front 35.0ft Rear from House 44.0ft Rear from Deck 36.0ft Side, South 9.7ft Side, North 44.0ft It is not planned to violate any of the pre-existing set-backs Area calculation Existing floor excluding garage Existing second floor Total existing Addition-first floor Addition second floor Total Addition Total addition % Proposed Total Footprint of building incl. deck 1252.5sq ft 400.0sq ft 1652.5sq ft 260.0sq ft 424.0sq ff 684.0sq ff 41.4% 2336.5sq ft 1656.0sq ff Lot size 152~46.0sq ft Lot coverage Climatic and oeoaraDhic desion critetria Ground snow "4~.,ps, Wind speed 120mph Seismic design category (C) exempt Weathering damage S Frost line 48inches Termite M to H Decay S - M W~nter design temp 11 F Ice shield underlayment Included Flood Hazards Zone AE 10 ROB Robert 0 Bm'ratt Professional Engineer 4295 Vanston Rd Cut~hogue NY 11935 Phone 631 875 0275 Fax 631 734 2730 7433 SOUNDVIEW AVENUE, SOUTHOLD, NY 11971 FRANK AND DIANE PALILLO PROPERTY Project Information for proposed re-modeling DWG NO REV NO DRAWN BY CHECKED SCALE N't'S ~ I ,/ Excavation Inspection Required For Sanitary System By Health Department REVIEW DETERMINATION N 85'58'3;0" E SUFFOLK COUNTY DEPARTMr-'NT; PERMIT FOR APPROVAL OF CON~UL1)I:)M SINGLE FAMILY RESIDENCE ONLy ~PIRE9 THRE~ VEARZ: ~o~~ ~A';E OF APu~OVAL PROPOSED SEPTIC SYSTEM DETAIL SEP]]C TANK LEACHING POOLS SURVEY OF PROPERTY SITUA T£ $OUTHOLD TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-59-06-5.1 SCALE 1"=.30' APRIL 8, 2008 AREA -- 14,576 sq. ff. m~) 0,335 ac. NOTE~: 1. ELEVATIONS ARE REFERENCED TO N.G.V.D. 1929 DATUM EXISTING ELEVATIONS ARE SHOWN THUS: 5.0 2. MINIMUM SEPTIC TANK CAPACITIES FQR A 1 TO 4 BEDROOM HOUSE IS 1,200 GALLONS. 1 TANK; 8' DIA. 5' LIQUID DEPTH $. MINIMUM LEACHING SYSTEM FOR A 1 TO 4 BEDROOM HOUSE IS 500 sci ft SIDEWALL AREA. 6 POOLS; 2' DEEP, 8' diG. PROPOSED EXPANSION POOL OPROPOSED LEACHING POOL PROPOSED SEPTIC TANK 4. THE LOCAT)ON OF WELLS AND CESSPOOLS SHOWN HEREON ARE FROM FIELD OBSERVATIONS AND/OR DATA OBTAINED FROM OTHERS. 5. EXISTING SEPTIC SYSTEM STRUCTURES SHALL BE ABANDONED IN ACCORDANCE WITH S.C.D.H.S. STANDARDS. TEST HOLE DATA N.Y.S. Uc. No. 50467 Nath~ Corwin III Land Surveyor PHONE (651)727-2090 Fox (631)727-1727 Excavation Inspection Required For Sanitary System By Health Department N 85'5g'50" E R~VI[W DETERMINATION PERMIT FOR APPROVAL OF CONS~RU~ON FOR ~ SINGLE FAMILY ~SlDENCE" FOR ~IMUH Or. ~ EXPIRESTHREE VEAR~: ~0~' -,K E OF ~P~OVAL -of 0'~s¢ 14/ ~o¢~st(t PROPOSED SEPTIC SYSTEM DETAIL SEPTIC TANK (11 LEACHING POOLS SURVEY OF PROPERTY SITUA F£ SOUTHOLD TOWN OF $OUTHOkD SUFFOLK COUNTY, N[W YORK S.C. YAX No. ~000-59-06-5.1 SCALE 1 "=30' APRIL 8, 2008 NOTES: TEST HOLE DATA Nathan--Taft'~ Corwin III Land Surveyor PHONE (651)727-2090 Fox (65q)727-1727 OWNER TOWN OF SOUTHOLD I~IIOPERTY RECORD--.CARD sFAS. VL I-AND IMI~7~ TOTAL DATE RES. *-//o o NOPO/,AL STREET 7 FARM BUILDING CONDITION BELOW Value Per Acre ABOVE AGE NEW Farm Tillable I Tillable 2 Tillable' 3 Woodland Swampland~. Brushlancl ~ Heuse Plot Totql VILLAGE DISTRICT SUB. ACREAGE W .,~ · ~ ~ /~f TYPE OF BUILDING COMM. V t ~N=- RE~RKS ~ Vo,.e -/'! ( LOT DOCK CB. j MISC. / l/ Est. Mkt. Value ?ooo /- '-. Extension Ex'tensien Extension ~reeze'wee/ .~arage Foundotion' Basement , Ext. Walls Fire Place Pntlo ~riveway Porch Porch /~ a A~ [ F~oors Interior Finish Roof Type I Rooms_ 1st Floor Rooms 2nd Floor Dormer UATCH