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HomeMy WebLinkAbout6394,4/7 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JULY 13, 2010 ZBA FILE: 6394 NAME OF APPLICANT: Mary S. Zupa SCTM#: 1000-81-1-16o'I PROPERTY LOCATION: 58 Basin Road (adj. to Southold Bay, Boat Basin and a Canal), Southold SEQRA DETERMINATION: The Zoning Board has visited the property under consideration in this application and determines that this review falls under the Type 11 category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated May 14, 2010 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued his reply dated June 21, 2010, (addressing the marina use only) and determined that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION: Subject property is located in the Residential R-80 zone. It consists of 68,070 sq. fi. of buildable area; it is surrounded by water on three sides and has 51.65 feet of frontage on Basin Road. , as depicted on the survey by Nathan Taft Corwin, I11 L.S., dated last revised March 31, 2010. BASIS OF APPLICATION/RELIEF REQUESTED: By Decision No 5266, dated August 2, 2004, the Zoning Board granted the applicant a variance from the Code's Bulk Schedule and Parking Schedule to permit construction ora new single-family dwelling on the property which has less than the required area of 80,000 square feet. The variance was expressly conditioned upon either the abandonment of the existing, non-conforming marina use or the grant of a variance pursuant to Section 280-121G that would allow the non-conforming marina use to continue in conjunction with the single-family dwelling. In order to fulfill the condition imposed on the area variance granted by Decision No. 5266, the applicant has now applied for the variance pursuant to Section 280-12 IG to permit the continued use of the non-conforming marina use in conjunction with the proposed single-family dwelling. Page ~ July 13, 2010 ZBA File#6394 - Mary S. Zupa CTM: 1000-81-1-16.~ FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on June 30, 2010. Based upon all the testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: 1. The current building permit application submitted by the application is for the same single-family residence that was the subject of Appeal No. 5266. The Building Inspector issued a Notice of Disapproval dated March 24, 2010, amended April l, 2010. The Disapproval was based upon; a) the lot being less than the 80,000 square feet required under the Bulk Schedule and Parking Schedule; and b) the need to comply with the condition imposed in this Board's Decision No. 5266. 2. The Zoning Board hereby re-adopts the Findings of Fact set forth in the Decision No. 5266 in there entirety as if set forth at length herein and confirms the grant of the area variance for the reasons set forth in Decision No. 5266. 3. With respect to the request for a variance pursuant to Section 280-121G to allow the legal non- conforming marina use to continue in conjunction with the single-family dwelling, the Zoning Board makes the additional Findings: The proposed action has been found consistent with the Policy Standards of the Local Waterfront Revitalization Program as set forth in the report of the LWRP Coordinator, dated June 21, 2010. The continued use of the legal non-conforming marina owned by the Paradise Point Association is compatible with the proposed single-family dwelling due to their respective locations at the property. The continued use of the legal non-conforming marina is compatible with the existing development in the area where the property is located. Counsel for the Paradise Point Association indicated at the Public Hearing that the Association supports the application to permit both uses at the subject property. The applicant confirmed at the Public Hearing that she regarded the continued use of the legal non-conforming marina to be compatible with her proposed single-family dwelling. 4. The applicant indicates in her application that there are current permits issued by the New York State Department of Environmental Conservation, the Southold Trustees, and the Suffolk County Department of Health Services. RESOLUTION OF THE BOARD: In considering all of the above factors motion was offered by Member Goehringer, seconded by Member Schneider and duly carried, to GRANT, the area variance sought by the applicant to permit construction ora single family home on less than 80,000 square feet with full compliance with all set back requirements and with any requirements contained in permits issued to applicant; and further granting the variance pursuant to Section 280-12 IG Page 3 July 13,2010 ZBA File#6394 - Mary S. Zupa CTM: 1000-81-1-16~ to allow the continued use of the legal non-conforming marina use in conjunction with the single family dwelling use. As shown on the survey by Nathan Taft Corwin, III L.S., dated last revised March 31, 2010 and architectural plans dated 12-1-2003 by Violanda Franzese, Architect, pages SP-1, D-l, D-2, 1, 2, 3, 6, 7, 8,9, 10and 11. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance given such as extensions, or demolitions which am not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Weisman (Chairperson, Goehringer and Schneider. (Absent were: Members Homing and Dinizio) This Resolution was duly adopted (3-0). Leslie Kanes Weisman, Chairperson Approved for filing /'~/c~0 /2010 / Town Hall Annex 54375 State Route 25 ~,~?~cor. Main Rd. & Youngs Ave.) ,S_outhold, NY 11971 LOCAL WATERFRONT REVIT~I~.TION TOWN OF $OUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, N-Y 11971 Telephone: 631 765-1938 Fax: 631 765-3136 RECE~/ED MEMORANDUM BOARD OF APpEAt~ To: Leslie Weisman, Chair Town of Southold Zoning Board of Ap, p,p~ls From: MarkTerry, Principal Planner . .~"~ LWRP Coordinator''J Date: June 21,2010 Re: MARY ZUPA #6394 SCTM#1000-81-1-16.7. MARY ZUPA #6394: Request for Variance from Code Section 280-14, based on an application for building permit to build a new single family dwelling in addition to an existing marina, and the Building Inspector's March 24, 2010, Amended April 1, 2010 Notice of Disapproval stating that the proposed construction is not permitted unless the same conforms to the Bulk Schedule and Parking Schedule proposal is at less than the code required 80,000 sq. ft. of land. Location of Property: 580 Basin Rd., (adjacent to Southold Bay)Southold, NY. SCTM#1000-81-1-16.7. Zone: R-80. (The Zoning Board of Appeals, in its Decision # 5244 dated August 2, 2004, granted the applicant relief from the 80,000 sq. ft. requirement to allow the construction of a new single family dwelling, however, the grant was conditioned upon either the abandonment of the existing, legal non-conforming marina use or the grant of a variance pursuant to Section 280-121G that would allow the non-conforming use to continue in conjunction with the single family dwelling - a permitted use. This application is being made to fulfill this condition.) This coastal consistency review addresses the proposed marina use only. The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the below listed Policy Standards and therefore is CONSISTENT with the LWRP provided that the following recommendations to further the below listed policies are implemented. 10.3 Allow for continuation and development of water-dependent uses within the existing concentration of maritime activity in harbors, inlets and creeks. The marina is "as built" with bulkheads, a dock with finger piers and parking. 10.4 Minimize adverse impacts of new and expanding water-dependent uses and provide for their safe operation. A. Limit the potential for adverse impacts associated with development ora new water-dependent use by promoting the location of new development at appropriate sites. Appropriate sites include: 1. sites which have been previously developed, The intent of the boat basin and associated structures is for the use of the lot owners of the Paradise Point Association Inc. The marina is "as built" with bulkheads, a dock with finger piers and parking; 2. sites which require minimal physical alteration to accommodate development, No alteration to the existing marina configuration is proposed. 3. sites that already possess public infrastructure or Iocational characteristics that would support a water-dependent use. As stated above, the marina is currently improved with bulkheads and a dock structure. B. Avoid development of new water-dependent uses at sites that are located outside of the traditional concentrations of water-dependent uses or at sites that exhibit important natural resource values or where the proposed use will cause significant adverse affects on community character, surrounding land and water uses, or scenic quality. The existing marina use will not cause significant adverse affects on community character, surrounding land and water uses, or scenic quality. 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 o DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE RECE.,'VED MAY 0 OlO BOARD OF APPEALS THOMAS A. ISLES, A.I.C.P DIRECTOR OF PLANNING May 14, 2010 Town of Southold ZBA PO Box 1179 Southold, NY 11971 Att: Leslie K. Weisman, Chairman Dear Ms. Weisman: Pursuant to the requirements of Sections A 14-14 thru A 14-25 of the Suffolk County Administrative Code, the following applications submitted to the Suffolk County Planning Commission are to be a matter for local determination as there appears to be no significant county-wide or inter-community impact. A decision &local determination should not be construed as either an approval or disapproval. Appliennts Municipal File Numbers TIMobile Northeast LLC //6379 Sutton * #6385 Southold Free Library #6391 Harkoff #6392 McNamara #6393 Zupa #6394 Duran #6395 Maritime Day School #6397 Cebulski, Farnbach & Fambach #6398 * The driveway and pedestrian easements should be separate and distinct in order to avoid potential conflicts. TRK:ds Very truly yours, Thomas A. Isles 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) 853-4044 TOWN OF SOUTHOLD FORM NO. 3 NOTICE OF DISAPPROVAL DATE: March 24, 2010 Amended: April 1, 2010 TO: John Harras of Harras Bloom & Archer LLP for · Mary Zupa 445 Broad Hollow Road Suite 127 Melville, New York 11747 Please take notice that your application dated February 16, 2010 For permit for construction of a single family dwelling in addition to an existing marina at Location of property: 580 Basin Road, Southold, NY County Tax Map No. 1000 - Section 8_[1 Block 1 Lot 16.7 Is returned herewith and disapproved on the following grounds: The proposed construction of a single family dwelling, on this non-conforming lot, in the Residential R-80 District, is not permitted pursuant to Article III Section 280-14, which states: "No building or premises shall be used and no building or part thereof shall be erected or altered in the AC, R80... Districts unless the same conforms to the Bulk Schedule and Parking Schedule incorporated into this chapter with the same force and effect as if such regulations were set forth herein full.", Bulk schedule requires 80,000sq fl of land area per use Area variance granted per ZBA decision #5266 which conditions issuance of a building permit on obtaining an additional variance should the marina remain. Authorized Signature Amended to remove third story variance. Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: File, ZBA [ Fee:$ /-']~'0.(,~ FiledBy: /~,'~.~0/~  RECEIVED .~! ARR 1 x2010 Assignment No. ~ ,~ 9 'q ~ BOARD Of APPEALS APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS House No. 580 Street BAS TN ROPED Hamlet SOUTHOLD SCTM1000 Section 81 Block 3. Lot(s) 16.7 Lot Size 1.7 Zone R80 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED .3/.2 z~/,2~ 0,~0_ BASED ON SURVEY/SITE PLAN DATED 3/31/10 amended e/z/zu Applicant(s)/Owner(s):. Mary S. Zupa and Victor J. Zupa Mailing Address: 4565 Paradise Point Rd. Southold NY 11971 Telephone: 6317656112 Fax: 6317656119 Email: mzupa@optonline .net NOTE: In addition to the above, please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative: for ( ) Owner ( )OtherL Address: Telephone: Fax: Email: Please check to specify who you wish correspondence to be mailed to, from the above names: (~) Applicant/Owner(s), ( ) Authorized Representative, ( ) Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED ~./~1./lO and DENIED AN APPLICATION DATED 3/24/10 FOR: ( ~Building Permit amended 4/1/10 ( ) Certificate of Occupancy ( ) Pre-Certificate of Occupancy ( ) Change of Use ( ) Permit for As-Built Construction ( ) Other: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Art I I I Sect ion 2 80 - 14 Type of Appeal. An Appeal is made for: (x) A Variance to the Zoning Code or Zoning Map. ( ) A Variance due to lack of access required by New York Town Law- Section 280-A. ( ) Interpretation of the Town Code, Article Section ( ) Reversal or Other A prior appeal ( :~ has, ( ) has not been made at any time with respect to this property, UNDER Appeal No(s).4 314,5 2 6 6Year(s). 1aa5 '~ c~ n,a . (Please be sure to research before completing this question or call our office for assistance) APPLICANT'S PROJECT DESCRIPTION (For ZBA Applicant: Mary S. Zupa and Victor ZupaOatePrepared: I. For Demolition of Existing Building Areas Please describe anms being removed: None April 10, 2010 f RECEIVED ~UARD OF APPEAI.~ IL New Constraetion Areas (New I)welilmg o~ New Additioas/~e~sions): Dimansionso£fi~stfloo~extension: irregular 85'~"× 50'?" 3355 sq ft Dimensionsofnewsecondfioor, irregular 85'~"× 50'?" 251~ sq ft Dimensions of floor above second level: non habitable space Height (from finished ground to top of ridge): 3 $ ' 0" Is basement or lowest floor area being constructed? If yea, please provide height (ahove ground) measured from natural existing grade to first floor: 5 0 % i s 2 ' 0" IIL Proposed Construction Description (Alterations or Structural Changes) (attach extra she. ct if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: None 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: N/A Proposed increase of building coverage: N / A Square footage ofyour lot: upland portion of lot 68,070 Percentage of coverage of your lot by building area: 8.4 7 % sq ft V. PurposeofNewConstruction: Use as a one family dwelling' VI. Please describe the land contours (fiat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): land conEours au house consurucuton siu~ is moderately wooded and flat with minimum slope. There are no discernible problems resultin9 from land 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 FOR I~.ING WITH YOUR Z.B.A. APPLICATIO~ Is the subject premises listed on the real estate market for sale? ri Yes ~No Are there any proposals to change or alter land contours? ~No C} Yes, please explain on attached sheet. RECEIVED BOARD OF APPEALS l) Are there areas that contain sand or wetland grasses? Not at construction site. 2) Arc these areas shown on the map submitted with this application? 3) Is the property b~ulkheaded between the wetlands area and the upland building area? B~lkheaa separates Southold Bay and Canal from property. 4) If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for i~s det~..ination of jurisdiction? Yes Please confirm status of your inquiry or application with the Trustees: Permit # 5~ and if issued, please attach copies of permit with conditions and approved map. D. Is there a depression or sloping elevation near thc area of proposed construction at or below five feet above mean sca level? No Are there any patios, concrete barriers, bulkheads or fences that exist and arc not shown on the survey map that you are submitting? None (Please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) Do you have any construction taking place at this time concerning your premises? No If yes, please submit a copy of your building permit and map as approved by the Building Department and describe: G. Do you or any co-owner also own other land close to this parcel? Yes the proximity of your lands on your map with this application. If yes, please label H. PJea~ list present use or operations condueted at this pareel vacant land providing access to ~ aoc~s on Basin andpmposedu~c sinqle family residence . (examples: c~sting: single-family; proposed: same with garage or pool, or other description.) Authori zcdf/g~'l~ ,~ D ate 2/0,;1/07 ile I; RECE]VED Name of Owner: Z # APR l REASONS FOR APPEAL (additional sheets may be nsed with orenarer'$ signature): BOARD OF APPEAI.~ ,4RE/! VARIANCE RE/ISON$: (1) An und~sirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: the construction of a one family residence is consistent with all surrounding properties which are developed as residences· (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: variance is only method designated by ZBA (3) The amount of relief requested Is not substantial because: the property has always been a residential lot as shown in the Town's tax records. It is a 1.7 acre lot in a residential area where surroundin9 lots are less than 1 acre. (4) The variance ',viii NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: the property is in a R80 zoning district. The DEC, the Trustees and the County Health Department have issued permits for the construction of a one family residence demonstratin9 the absence of such adverse impacts. (5) Has the alleged difficulty been self-created? ( )Yes, or (~No. Are there Covenants and Restrictions concerning this land: D No. [~Yes (ple~e fur. lsh cot,v;. Environmental c. ovenants wit.h .DEC ente. red into by Mary Zupa. This is the MINIMUM that is necessary ann aoequate, ana at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Check this box ( ) IF ,4 USE V~IRI~INCE IS BEING REQUESTED, ~ND PLF_~SE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sore to consult your attorney.) Signature,gf//~ppMl~n(~r Authorized Agent (Agent must s~l~n~lt v~en A4athorlzatiozt from Owner) Sworn to before me this (~_ Not~ry Publi~ ~' VICKI TOTH 190696 ^ ~ Opal fled in Suffolk County ~ ..... ~,o,,~m!s s~on Exoires Ju y 28,20 [ c9- 61Z21 .4ppendir C State Environmental ~uality Rw~ie~v SHORT ENVIROIgMENTAL ASSE,~$MENT FORM For UNLISTED ,4ETION$ Only PAP,"]' I - Project lxfformation (To be complete by Applicant or Project sponsor) 1. Appllcanl I Sponsor 2. Project Name RECEIVED APR 1 4 2010 BOARD OF APPEALS S. Zupa and Victor J. Zupa Mary 3. Project Ioc~Uon: Mualcipellty County Zupa Property House 'l Southold Suffolk q. pm~aelocaUon(S¢~taddra.~a~road~teme~orm, Pmmln~ila~manks. etc~pm~emap) 580 basin Road, Southold, NY 11971 Approx 300 feet from intersection iI' Basin Rd and Paradise Point Road Is proposed action: ~NEW ( ) EXPANSION ( ) MODIFICATION I ALTERATION 6.0es~bepmJectbdefl~ Construct a single family dwelling, garage, sanitary system, swimming pool, deck, gravel driveway in accordance'with the survey of Nathan T.Corwin III I lnltlally: 1 acres: Ultlmalely: acres ] r Will p~oposod a~on eompW v~U~ e~eUng o* o~er e~sflng lend use resb~go~:( ~ YES ( ) NO If No, deso6be bdefly: 9. Whet Is present Isfld use in vfcinily el project: (describe): ( x) Recldential ( )Industrial ( )Commerdal ( )Ag,'icultuml ( )paddForesFOpenSpace ( }O~her t0. Does action Iilvolve · pemtll approval or ~ndlng, now or ultimately f;om any o~her Governmental agency,(Federol, Stets or Local) ? ( )YES (X)NO II Yes, Bsl agency(s) and pemHI/approvals: ] 1 t. IDoes any aspect of the acUon have a cun*enOy valid permit or approval? Ibc)YES ( )NO I~ yes, list agency(e ) and permll/approYais: I DEC, Southold Trustees, SCHD 12. As a recull ol proposed action, ~11 exleUng pennil/approval requke mndillcagon? l( lYES (X)NO Ii Yes, Iisi agenny(s ) and permll/approvals: I certify that the Information provided above Is true to the best of my know/edge Signature: II the action Is In the Coastal Area, and you are a state agency, complete tho Coastal Assessment Folqn before proceeding with this assessment - a ~,~T~SACTiONAL DISCLOSURE FO1~ APPLICABLE TO OWNER, COWI'RACT VENDEE AND AGENT: The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. Mary S. Zupa'and Victor J. Zupa (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) !. 'RECEIVED Variance Special Exception *Other Approval or Exemption from plat or official map Change of Zone Tax Grievance *If"Other" name the activ/ty: X APR 1 42010 BOARD Of APPEALS Do you personally (or through your company; spouse, sibling, parent, or child) have a relation,ship with any officer or employee of the Town of Southold? "R, elat.ion~;hip" includes by blood, marriage.., ct' busiqess interesL "Business interest" means a business, including a partnersl)ip, in which the Town officer or cmoloyee has even a oarlial ownership of (or emvlownent b_v'} a_coroorafion in which thc Town officer or emnlovee owns more titan 5% of_the. NO x If yon attswered "YES'; complete the balance of rids form and date and sign where indicate~ Name of person employed bythe Town of So6thold: Title or position of that person: Describe that relationship between yourself (the applicant, agent or contract vendee) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her, spouse, sibling, parent, or child is (chesk all that apply); A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corpomti6n); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D} the actual applicant. DESCPdPTION OF P~ELATIONSHW Submitted this ~_ day of~/ Pl'/ntName: ' Mary /f .,>~u~p~ Victor J.; Z~p~ TOWN OF SOUTH~ BUILDING DEPART~ TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown. NortfiFork.net Examined - 20 Approved 20___ Disapproved a/c PERMIT NO. BUILDI~I~RMIT APPLICATION CHECKLiSq t,'~y~nav¢ or need fl~e following, before applying' Board of Health 4 sets of Building Plans Plarming Board approval Survey Check Septic Form Trustees Flood Permit Storm-Water Assessment Form ['-- [~-~ ~ [~/ Building Inspector BOARD OF APPEAL~ ~ 111 }1~PPLICATION FOR BUILDING PERMIT ~ ~::~ ~5~ ~ ~A~ 26 2010 /~/ a. This ~ST h~ ~,~pletely filled N by t~ew~ter or in ~ and submitted to ~c Building Nspector with 4 sets A~s, accural~ plot plan to scale. F~ according to schedule. b. Plot plan showing location of lot and of bullrings on promises, relationship to adjoining premises or public streets or areas, ~d wate~ays. c. The work cowmd by this application may not b~ commenced before issu~ce of Building Pemfit. d. Upon approval of this application, the Building Nspector will issue a Buil~ng Pe~it to the applicant. Such a permit shall b~ kept on th~ promises available for inspection ~oughout the work. e. No building shall be occupied or u~d in whole or in p~ for any propose what so ever until the Building Inspector issues a Ce~ificate of Occupancy. f. Eve~ building pe~it shall expire if thc work autho~zed has not commenced within 12 months a~er the date of issuance or has not b~en compl~led within 18 months fi'om such date. If no zoning amendments or other mgula6ons affecting the prope~y have b~en ~nactcd in ~e inl~m, the Building Inspector may autho~ze, in writing, the extension of~e pe~it l~r an ~ddition s~x months. Th~rea~er, a new permit shall be required. ~PEICATION IS HEREBY M~E to th= Building Dep~ment for tb~ issuanc~ ora Building Permi~ pursuant to the Building Zone Ordinance of the Town of Southold, Suflblk County, New York, and other applicable Laws, Ordinm~ces or Regulations, tbr the construction of buildings, additions, or ~ltcmtions or for r~moval or demolition as herein described. The applicant agrees to comply wilh all applicabl~ laws, ordinances, building cod~, housing cod~, and regulations, and to admit authorized inspectors on pmmis~s and in building for nec~ssm-y in~pec~ons. (Signature o f~lica~r&lc, ifa coOoratlon) (Mailing ad'ess of applicant) State whetber applic~t is owner, lessee, agmt, architect, engineer, general ~n~actor, elec~cian, plumber or builder Name of owner of premises (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. l. Location of land on which proposed work will be done: House Number Street Hamlet County Tax Map No~ 1000 Section_ ~/ Block / Lot Subdivision Filed Map No. Lot 2. State existing us i, ti~ es and intended use and occupancy ~l~osed constmction: a. Existing use and occupancy //¢¢C.A'.C'P p~S~e/t/-f'/,-4 { ]d-~ 3. Nature of work (check which applicable): New Building Repair Removal Demolition 4. Estimated Cost ~tT~/)~g,~ Fee 5. If dwelling, number of dwelling units If garage, number of cars Addition Other Work 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 existing structures, if any: Front Rear Depth Height. Number of Stories Dimensions of same structure with alterations or additions: Front Rear Depth Height. Number of Stories 8. Dimensions of entire new construction: Front ff"¢' ' Rear t~ / Depth Height ~0J / Number of Stories ~ 9. Size of lot: Front Rear Depth Ik'P ~,_q~_e~,5~.~e ./ l 1. Zone or use district in which premises are situated P-- 12. Does proposed construction violate any zoning law, ordinance or regulation? YES NO X 13. Will lot be re-graded? YES NO Will excess fill be removed fi'om premises? YES NO 14. Names of Owner of premises/q4~b/~. ~o~ Address ¢,C~-£/¢~.4nts£tr~O Phone No. 9 NmneofArchitect l/~o //t~ d*q' c~c2P-o'4w2-e5'°-~ Address'~o)r l. KS B¢ll~artl713 PhooeNo NameofContractor~"'¢c-~ 8/~/~/3~} Address~PhoneNo, 15 a. Is this property within 100 feet of a tidal wetIand or a freshwater wetland? *YES °'/NO * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet ora tidal wetland? * YES e'~ NO * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. l 8. Are there any covenants and restrictions with respect to this property? * YES NO __ * IF YES, PROVIDE A COPY. STATE OF NEW YORK) SS: COUNTY OF~ ¼'~-J~ ~,~'9/~ ~. ~'. 2 [//:>/or being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, CONNIE O. BUNCH Notary Public State of New York (S)He is the ~'J /.CJ ,4/ Lc. ~ * "'~' (Contractor, Agent, Corporate Officer, etc.) Oualified in Suffolk CounW Commission Expires &~ri114, of said owner or owners, and is duly authorized to perform or have performed the said work ,-md to make and file this application; tbat all statements contained in this application am b'ue to the best of his larowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me thi& t ~).[¢-~ day of ~'{5,,~ 0% 20 ~ O Notary Public Town of Southold A. INSTRUCTIONS LWRP CONSISTENCY ASSESSMENT FORM RECEIVED APR 1 4 2010 BOARD OF APPEALS All applicants for p~rmits* including Town of Southold agencies, shall complete this CCAF 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. *E~cept minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hasard Area. Before answering thc questions in Section C, thc preparer of this form should review thc exempt minor action list, policies and explanations of eech policy contained in the Town of Sonthold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon thc coaatal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if neces.~ry, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. 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# 81 _ 1 16 · 7 The Application has been submitted to (check appropriate response): TownBonrd [] PlannlngDept. [] Building Dept. [] BoardofTrustees [] Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital [] construction, planning activity, agency regulation, land transaction) [] (b) Financial assistance (e.g. grant, lean, subsidy) (c) PenniL approval, license, certification: Nature and extent ofaction: Construction of single family dwelling, i/g pool, on site sewage disposal system and associated site improvements as shown on Location of action: sewage: 1.7 Site vacant Present land usc: Present zoning classification: R- 8 0 580 Basin Road, Southold, NY RECEIVED i APR 1 42010 BOAKD OF APPEALS l fan application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Nameofapplicant: Mary S. Zupa and Victor Zupa (b) Mailingaddm~: 4565 Paradise Point Rd., Southold NY 11971 (c) Telephone number: Area Code ( ) 631 765 6112 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency. Yes [] No N Ifyes, which state or federal agency.'?. DEC, SCHD 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 ora coastal location, and minimizes adverse effects of development. See LWRP Section Ill - Policies; Page 2 for evaluation criteria. [--]Yes [] No [] (Not Applicable- please explain) Development of this site is proposed in a manner consistent with the standards and ~s consistent with the "pattern of develonment in Attach additional sleets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section HI - Policies Pages 3 through 6 for evaluation criteria [] Yes [] No E~ (Not Applicable - please explain) The propose~ pro3ect is not loca~ec/ near any his:oric district or sites. RECEIVED Attach additional sheets ifnecessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southoid. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria [] Yes ~ No [] (Not Applicable - please ex,)lain) Development of this site is proposed in a manner consistent with the ~eigh_~orhood___4~ ,,,h~h ........................ 4~ ~o ]~ ~]q r--r ....... .... ~ -~4"'lt=~r dosigned Atlach additional sheets if necessary NATURAL COAST POLICIF.._.S Pol/cy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. Sec LWRP Section III - Policies Pages 8 through 16 for evaluation criteria --L~ Yes~L~ No ~ (Not Applicable - please explain) Development of this site will be done in accordance with FEMA standards, Attach additional sheets ifnecezsnry Policy $. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria --L~ Yes [] No [] (Not Applicable- please explain) Development of the site will be done in accordance with FEMA standards, '' ~ ffolk b~ Attach additional sheets if nccezsm'y 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 Ill - Policies; Pages 22 through ~2 for evaluation criteria. [] Yes ~ No [~ (Not Applicable - please e~plain) Development of the site will be done in accordance with NYSDEC regulations ~m~ ~hmpt~r ~7q nf th~ Tow~ Cod~. ~'~ RECEIVED ~ BOARD C~F APPFAI ~ Attach additional sheets if n~eessary Policy 7. Protect and improve air quality in the Town of Southoid. See LWRP Section IH - Policies Pages 32 through 34 for evaluation criteria. See Section HI - Policies Pages; 34 through 38 for evaluation criteria. [] Yes [] NoF~ (Not Applicable - please explain) It does not appear that Policy 7 is relevant to development of this sir~ Aaach additional sheets if necessary Policy 8. ML-dralze eaviroumental degradation in Town of Southold from solid waste and hazatdoas substances and wastes. See LWRP Sectioo III - Policies; Pages 34 tbrougb 38 for evaluation criteria. [] Yes [] NO [] (Not Applicable - please explain) AS in all resloenEia± oeve±opment, it is expecEeo cnaE the occupant will comply with the expected treatment of residential solid waste, yard waste, and recyclable material. 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 IH - Policies; Pages 38 through 46 for evaluation criteria. Ye~ No [-~ (Not Applicable - please cxplaiu) Development of this site has no impact on public access to, recreational use of coastal waters, etc. and Attach additional sheets if necessary WORKING COAST POLICIES Policy I0. 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 - please explain) ±t cons not appear that Policy 10 is relevant to proposes oevelopment of this residential lot. Attach additional sheels ifnecess~y Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section IH - Policies; Pages 57 through 62 for evaluation criteria. [] Yes [] No [] Not Applicable - please explain It does not appear that policy 11 is relevant to proposed Amsch additional sheets ifn~e, ss~y Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section IH - Policies; Pages 62 through 65 for evaluation criteria. Yes [] NoF~ Not Applicable - please explain It does not appear that Policy 12 is relevant to proposed development of this residential lot Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section IH - Policies; Pages 65 through 68 for evaluation criteria. [] Yes [] No [] Not Applicable - please explain ~?~ ~=C~ ......v~ appcar ~m~..~ Pc!icy ...... ~ ~ rc!cvant + ........ =-_= .... ~ development of this residential IoL RECEIVED BOARD OF APPEALS RECEIVED APR 1 ~ ~010 BOARD OF APPEALS COUNTY OF SUFFOL ~;;~TEV E LEVY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF HEALTH SERVICES PERMIT HUMAYUN J. CHAUDHR¥~ D.O., Id.S. COMMISSIONER The attached plan, when duly signed by a representative of the Department, constitutes a permit to construct a water supply and/or collection system for the property as depicted. The applicant should take note of any conditions of approval, which may be indicated on the plan or enclosed herein. Construction must conform with applicable standards including "Standards for Approval of Plans and Construction for Sewage Disposal Systems for Single Family Residences" and "Standards and Procedures for Private Water Systems." Omissions, errors or lack of details on the plan does not release the applicant from the responsibility of having the construction done in conformance with applicable standards. The permit (plan) expires three (3) years after the approval date. Any modifications which may affect the proposed sewage disposal or water supply systems requires submission of a revised plan and additional fees (if applicable) for reapproval prior to construction. No inspections will be performed by the Department on expired permits. Permits may be renewed, extended, transferred or revised in accordance with the procedures described in "Submission Requirements for Approval of Sewage Disposal and Water Supply Facilities for Single Family Dwellings" (Form WWM-041). It is the applicant's responsibility to call the department at 852-5754, in advance, to arrange inspections of the sewage disposal and/or water supply facilities prior to backfilling. These include inspections of the sewage collection and disposal systems, water supply system components and piping, and final grading as shown on the approved plans. In certain cases, inspections of the soil excavation may be required to determine the acceptability of the soils tbr sewage disposal systems. The Department must be notified at least 24 hours in advance to schedule an inspection and excavation inspections must be confirmed by calling 852-5700 prior to 9:30 A.M., the morn#tg of the inspection. Article VII of the Suffolk County Code, "Septic Industry Businesses," requires that all installers qf septic s3,stems within Suffolk CounO' shall possess a valid license from the SufJblk CounO, Office q/' Consumer 4/Jbirs. This office can refuse to perform inspections or grant final approval for the construction of projects that are installed by an unlicensed individual. It is, therefore, in your best interest to utilize a cesspool contractor with a valid license to avoid substantial delays in yonr project. FINAL APPROVAL ISSUED BY THE DEPARTMENT 1S NECESSARY PRIOR TO THE OCCUPANCY OF NEW BUILDINGS, ADDITIONS TO EXISTING BUILDINGS, OR FOR THE USE OF SEWAGE DISPOSAL OR WATER SUPPLY SYSTEMS. WWM-058 (REV. 3/07) PAGE 1 OF 2 *DIVISION OF ENVIRONMENTAL QUALITYeOFFICE OF WASTEWATER MANAGEMENT*360 YAPHANK AVENUE, SUITE 2CeYAPHANK NY 11980* PHONE: (631) 852-5700 FAX: (631) 852-5755 INSTRUCTIONS Fq INAL APPROVAL OF JCTED SYSTEMS It is the applicant's responsibility to call thc Department to arrange inspections of the sewage dmposal system and water supply facilities prior to backfilling. These include inspections of the soil excavation for the sewage disposal system, when required, and inspections of the water supply well, well lateral, public water supply line! disposal system, piping and final gn'ading. Other inspections may be required. Following satisfactory construction and inspections: The applicant must submit 4 prints of an as-built plan (up to and including ll"x17"), by a licensed design professional, of the subject property showing the following: a. the lot location and metes/bounds description; b. the lot number(s) and the name of the subdivision, if applicable; c. permanent structures (i.e., buildings, driveways, walkways, swimming pools, decks, retaining walls, etc.) d. the exact location of the private well and lateral, if applicable (give at least 2 dimensions measured from the comers of the building to the well); e. the exact location of the public water line, if applicable; f. the exact location of the septic tank and leaching pool(s), if applicable (give at least 2 dimensions measured from the comers of the building to the covers of the septic tank and each leaching pool); g. the exact location of the sewer line from the dwelling to the street; if applicable; and h. have a clear area at least 3" x 5" for the Department's approval stamp. If any new subsurface sewage disposal system components have been installed, the applicant must submit a certificate (Form WWM-078 or equivalent) from the licensed sewage disposal installer, attesting that the system has been constructed according to the criteria of the Department. If a certificate from the installer cannot be obtained, fomu WWM-073 completed by a licensed architect or engineer may be submitted. If a well has been installed as the potable water supply, then the applicant must submit a well water analysis. completed within one (l) year by a certified lab, and a well driller's certificate completed by a licensed well driller. If the well or water quality does not conform to standards, corrective measures will be required as described in the Department's "Private Water System Standards." Please note: water treatment units may not be installed without prior approval of the Department. If any pre-existing subsurface sewage disposal system components have been abandoned or removed, the applicant must submit a Certificate of Abandonment (Form WWM-080) from a licensed contractor attesting that the previous system has been abandoned according to the criteria of the Department. Ifa certificate from the contractor cannot be obtained, form WWM-073 completed by a licensed architect or engineer may be submitted. If pub lic sewers are utilized for the dwelling, the applicant must also submit one (1) copy of the sewer line inspectmn approval from the sewer district. In districts operated by Suffolk County, one (1) original of Form S-9, duly executed by the Suffolk County Department of Public Works, and one (1) copy of a Suffolk County Department of Public Works field sketch are required. If public water is utilized, a tap letter from the appropriate water district indicating that service has been completed to the dwelling will be required. In ce~tain cases, the applicant will be required to submit a certification from a licensed design professional, attesting that all components of the sewage disposal system, retaining wall or sewage collection system have been properly inspected and constructed according to the approved plans and permit conditions. Refer to "Certification of Constructed Works" (Form WWM-073). Other documents may be required as indicated on the permit to construct. HEALTH DEPARTMENT REFERENCE NUMBER MUST BE ON ALL CORRESPONDENCE OR DOCUMENTS SUBMITTED. SUBMIT ALL NECESSARY FINAL PAPERS AT THE SAME TIME. PHOTOCOPIES OF DOCUMENTS WILL NOT BE ACCEPTED. WWM-058 (Rev. 3~07) PAGE 2 OF 2 18-0380p 08/~7 New York State Department of Environmental Conservation Division of Environmental Permits- Region One SUNY @ Stony Brook, 50 Circle Road, Stony Brook NY 11790-3409 Main Phone: (631) 444-0365 Website: www.dec.state.ny.us Fax: (631)444-0360 Mary S. Zupa 4565 Paradise Point Road Southold NY 11971 March 17, 2009 RECEIVED BOARD OF APPEALS RE: Permit ~t 1-4738-03029/00010 Dear Permittee: In conformance with the requirements of the State Uniform Procedures Act (Article 70, ECL) and its implementing regulations (6 NYCRR, Part 621) we are enclosing your permit. Please read all conditions carefully. If you are unable to comply with any conditions, please contact us at the above address. Also enclosed is a permit sign which is to be conspicuously posted at the project site and protected from the weather. Very truly yours, Matthew R. Penski Environmental Analyst 1 imp Enclosure DEC PERMIT NUMBER 1-4738-03029/00010 FACILITY/PROGRAM NUMBER(S) PERMIT Under the Environmental Conservation Law EFFECTIVE DATE March 17, 2009 EXPIRATION DATE(S) March 16, 2014 TYPE OF PERMIT · New [] Renewal [] Modification [] Permit to Construct [] Permit to Operate [] Article 15, Title 5: Protection of Wa- ters [] Article 15, Title 15: Water Supply [] Article 15. Title 15: Water Transport [] Article 15, Title 15: Long Island Wells [] Article 15, Tifie 27: Wild, Scenic and Recreational Rivers [] 6NYCRR 608: Water Quality Certification [] Article 17, Titles 7, 8: SPDES [] Article 19: Air Pollution Contml [] Article 23, Title 27: Mined Land Reclamation [] Article 24: Freshwater Wetlands · Article 25: Tidal Wetlands RECE]VED APR BOARD OF APPEALS [] Article 27, Title 7; 6NYCRR 360: Solid Waste Management [] Article 27, Title 9; 6NYCRR 373: Hazardous Waste Management [] Article 34: Coastal Erosion Management [] Article 36: Floodplain Management [] Articles 1, 3, 17, 19, 27, 37; 6NYCRR 380: Radiation Control ITELEPHONE NUMBER (631) 765-6112 PERMITISSUEDTO Ma~ S. Zupa ADDRESS OFPERMITTEE 4565 Paradise Point Road, Southold NY 11971 CONTACT PERSON FOR PERMITTED WORK TELEPHONE NUMBER NAME AND ADDRESS OF PROJECT/FACILiTY Zupa Property, 580 Basin Road, Southold LOCATION OF pROJECT/FACILITY SCTM fi' 1000-81-1-16.7 COUNTY I TOWN Suffolk Southold Description of Authorized Activity IWATERCOURSE Southold Bay & Basin INYTM COORDINATES E:719.4 N:4547.3 Construct a single family dwelling, garage, decks, swimming pool, sanitary system, pervious gravel driveway, remove asphalt, public water service, utilities, 4 foot wide access path, 4 foot by 4 foot seasonal steps to beach, and plant vegetation. Place 5 to 10 pound stone on filter fabric behind the bulkhead and return and revegetate. Regrade, stabilize, and revegetate the slope on Southold Bay. All work shall be performed in accordance with the conditions of this permit and the plans prepared by Nathan Taft Corwin III last revised on 2/9/09 and Sea Level Mapping last amended on 2/20/09, both stamped NYSDEC approved on 3/17/09. By ~ strict compliance with the ECL, all applicable Conditions included as part of this permit. I; Stony Brook NY 11790-3409 March 17 2009 IPage 1 of 5 1. The storage of construction equipment and materials shall be confined within the project work area and/or upland areas greater than 50 linear feet from the tidal wetland boundary. 2. To protect the values of the tidal wetlands, a permanent vegetated buffer zone shall be established. There shall be no disturbance to the natural vegetation or topography within an area extending 50 linear feet landward of the tidal wetland boundary. 3. During construction, concrete or leachate shall not escape or be discharged, nor shall washings from transit mix trucks, mixers, or other devices enter tidal wetlands and/or protected buffer areas. 4. A row of staked haybales or other approved erosion control devices shall be placed at the landward edge of the buffer area or as per the NYSDEC approved plans and seaward of the toe of the embankment, prior to commencement of any regulated activities and remain in place and in good, functional condition until the project is completed and all disturbed areas are stabilized with vegetation. 5. Necessary erosion control measures e.g., staked haybales, silt fencing, etc. are to be placed on the downslope edge of any disturbed areas, This sediment barrier is to be put in place before any disturbance of the ground occurs and is to be maintained in good and functional condition until thick vegetative cover is established. 6. Roof runoff shall be directed into dry wells a minimum of 75 linear feet landward of the tidal wetland boundary for immediate on-site recharge. 7. Dry wells for pool filter backwash shall be located a minimum of 75 linear feet landward of the tidal wetland boundary. 8. There shall be no draining of swimming pool water directly or indirectly in tidal wetlands or protected buffer areas. 9. Driveways and parking areas shall be constructed of NYSDEC approved pervious materials. 10. Roads, driveways and parking areas shall be graded to direct runoff away from tidal wetlands and protected buffer areas. 11. Sanitary systems (bottom of the tank and leaching pools) shall be located a minimum of 2' above seasonal high groundwater. 12. All fill shall consist of "clean" sand, gravel or soil (not asphalt, slag, flyash, broken concrete or demolition debris). 13. All areas of soil disturbance resulting from the approved project shall be stabilized with appropriate vegetation (grasses, etc.) immediately following project completion or prior to permit expiration, whichever comes first. If the project site remains inactive for more than 48 hours or planting is impractical due to the season, then the area shall be stabilized with straw or hay mulch or jute matting until weather conditions favor germination. DEC PERMIT NUMBER 1-4738-03029/00010 I PAGE 2 OF 5 STATE SPECIAL CONDITION~AL CONSE.~_ 14. All areas of soil disturbance resulting from the approved project shall be stabilized as per the specifications of the approved plans immediately following project completion or permit expiration, whichever comes first. If the project site remains inactive for more than 48 hours or planting is impractical due to the season, then the area shall be stabilized with straw or hay mulch or jute matting until weather conditions favor germination. 15. If seeding is impracticable due to the time of year, a temporary mulch shall be applied and final seeding performed at the earliest opportunity when weather favors germination and growth, but not moro than six months after project completion. 16. All disturbed areas where soil will be temporarily exposed or stockpiled for longer than 48 hours shall be contained by a continuous line of staked haybales / silt curtains (or other NYSDEC approved devices) placed on the seaward side between the fill and the wetland or protected buffer area. Tarps are authorized to supplement these approved methods. 17. All erosion control devices shall be maintained in good and functional condition until the project has been completed and the area has been stabilized. 18. The permit holder shall cause all exposed faces and/or disturbed areas to be vegetated to prevent soil erosion prior to project completion or the expiration date of the permit, whichever comes first. 19. The wetland and associated buffer shall be planted as per the approved plans and the permit holder shall ensure a minimum of 85% survival of plantings by the end of five growing seasons. If this goal is not met, the permit holder shall re-evaluate the rostoration project in order to determine how to meet the mitigation goal and submit plans to be approved by the office of Marine Habitat Protection, SUNY@Stony Brook; 50 Circle Road; Stony Brook NY 11790-3409. 20. There shall be no discharge of runoff or other effluent over or through any bulkhead or shoreline stabilization structure or into tidal wetland or protected buffer area. 21. There shall be no discharge of runoff or other effluent on, in or down the bluff face or onto the beach. 22. There shall be no disturbance to vegetated tidal wetlands or protected buffer aroas as a result of the permitted activities. 23. Any debris or excess material from construction of this project shall be completely removed from the adjacent area and removed to an approved upland area for disposal. No debris is permitted in tidal wetlands or protected buffer areas. 24. This permit does not authorize the granting of easements for the construction of water access structuros, mooring facilities, or other structuros. 25. The permit holder shall incorporate the attached Covenant (or similar language) to the deed for the property whero 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 in perpetuity. A copy of the covenanted deed or other acceptable proof of rocord, along with the number assigned to this permit, shall be submitted within 90 days and prior to commencement of any rogulated activity at the site to: NYSDEC, Marine Habitat Protection,SUNY@Stony Brook; 50 Circle Road; Stony Brook NY 11790-3409, Attn: Compliance. DEC PERMIT NUMBER 1-4738-03029/00010 PAGE 3 OF 5 Item A: Permittee Accepts Legal Responsibility and Agrees to Indemnification The permittee: excepting state or federal agencies, expressly agrees to indemnify and hold harmless the Department of Environmental Conservation of the State of New York, its representatives, employees, and agents ("DEC") for all claims, suits, actions, and damages, to the extent attributable to thc permittee's acts or omissions in connection with thc permittce's undertaking of activities in connection with, or operation and maintenance of, the facility or facilities authorized by the permit whether in compliance or not in compliance with the terms and conditions of the permit. This indemnification does not extend to any claims, suits, actions, or damages to the extent attributable to DEC's own negligent or intentional acts or omissions, or to any claims, suits, or actions naming the DEC and arising under Article 78 of the New York Civil Practice Laws and Rules or any citizen suit or civil fights provision under federal or state laws. Item B: Permittee's Contractors to Comply with Permit The permittee is responsible for informing its independent contractors, employees, agents and assigns of their responsibility to comply with this permit, including all special conditions while acting as the permittee's agent with respect to the permitted activities, and such persons shall be subject to thc same sanctions for violations of the Environmental Conservation Law as those prescribed for the permittee. Item C: Permittee Responsible for Obtaining Other Required Permits The pcrmittee is responsible for obtaining any other permits, approvals, lands, easements and rights-of-way that may be required to carry out the activities that are authorized by this permit. Item D: No Right to Trespass or Interfere with Riparian Rights This permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work nor does it authorize the impairment of any rights, title, or interest in real or personal property held or vested in a person not a party to the permit. GENERAL CONDITIONS General Condition 1: Facility Inspection by the Department The permitted site or facility, including relevant records, is subject to inspection at reasonable hours and intervals by an authorized representative of the Department of Environmental Conservation (the Department) to determine whether the permittee is complying with this permit and the ECL. Such representative may order the work suspended pursuant to ECL 71-0301 and SAPA 401(3). The permittee shall provide a person to accompany the Department's representative during an inspection to the permit area when requested by the Department. A copy of this permit, including all referenced maps, drawings and special conditions, must be available for inspection by the Department at all times at the project site or facility. Failure to produce a copy of the permit upon request by a Department representative is a violation of this permit. General Condition 2: Relationship of this Permit to Other Department Orders and Determinations Unless expressly provided for by the Department, issuance of this permit does not modify, supersede or rescind any order or determination previously issued by the Department or any of the terms, conditions or requirements contained in such order or determination. General Condition 3: Applications for Permit Renewals or Modifications The permittee must submit a separate written application to the Department for renewal, modification or transfer of this permit. Such application must include any forms or supplemental information the Department requires. Any renewal, modification or transfer granted by the Department must be in writing. The permittee must submit a renewal application at least: a) 180 days before expiration of permits for State Pollutant Discharge Elimination System (SPDES), Hazardous Waste Management Facilities (HWMF), major Air Pollution Control (APC) and Solid Waste Management Facilities (SWMF); and b) 30 days before expiration of all other permit types. Submission of applications for permit renewal or modification are to be submitted to: NYSDEC Regional Permit Administrator, SUNY ~ Stony Brook, 50 Circle Road, Stony Brook NY 11790-3409 General Condition 4: Permit Modifications, Suspensions and Revocations by the Department The Department reserves the right to modify, suspend or revoke this permit in accordance with 6 NYCRR Part 621. The grounds for modification, suspension or revocation include: a) materially false or inaccurate statements in the permit application or supporting papers; b) failure by the permittee to comply with any terms or conditions of the permit; c) exceeding the scope of the project as described in the permit application; d) newly discovered material information or a material change in environmental conditions, relevant technology or applicable law or regulations since the issuance of the existing permit; e) noncompliance with previously issued permit conditions, orders of the commissioner, any provisions of the Environmental Conservation Law or regulations of the Department related to the permitted activity. DEC PERMIT NUMBER I PAGE 4 OF 5 I 1-4738-03029/000'10 ' ADDITIONAL GENER~D 6 NYCRR PART 608 (TIDAL WETLANDS) If future operations by thc State of New York require an alteration in the position of thc structure or work herein authorized, or if, in the opinion of the Department of Environmental Conservation it shall cause unreasonable obstruction to the free navigation of said waters or flood flows or endanger the health, safety or welfare of the people of the State, or cause loss or destruction of the natural resources of the State, the owner may be ordered by the Department to remove or alter thc structural work, obstructions, or hazards caused thereby without expense to thc State, and if, upon the expiration or revocation of this permit, the structure, fill, excavation, or other modification of the watercourse hereby authorized shall not be completed, the owners, shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore to its former condition the navigable and flood capacity of the watercourse. No claim shall be made against the State of New York on account of any such removal or alteration. The State of New York shall in no case be liable for any damage or injury to the structure or work herein authorized which may be caused by or result from future operations undertaken by the State for the conservation or improvement of navigation, or for other purposes, and no claim or right to compensation shall accrue from any such damage. All necessary precautions shall be taken to preclude contamination of any wetland 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. There shall be no unreasonable interference with navigation by the work herein authorized. If upon the expiration or revocation of this permit, the project hereby authorized has not been completed, the applicant shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore the site to its former condition. No claim shall be made against the State of New York on account of any such removal or alteration. If granted under 6NYCRR Part 608, the NYS Department of Environmental 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 portion 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 their designated agent as part of the permit application. Such approved plans were prepared by: Nathan Taft Corwin Ill last revised on 2/9/09 (sheet 1 of 2) and Sea Level Mapping last amended on 2/20/09 (sheet 2 of 2), both stamped NYSDEC approved on 3/17/09. DEC PERMIT NUMBER 1-4738-03020/00010 PAGE 5 OF 5 Plan View Prepared for: Mary Zupa Surveyed: 05-29-08 Amended: 02-20-09 SCT# 1000-81-1-16.'7 Town: Southold Suffolk County, NY I 1"=60' ' N Sections 5.10 lb - ~' $ C y~ia b, ;',,.?r fabric '[ ~mne U~khead .e ; u_,ehin(:l "' ur~rn B,,,-- lO' AppItcont p, coposes to r~qrade sf, eep slope __ uslnc. J~st:ock plied mo~erlol ~ to creo~ op~rox. D on I slope ~. Plant ne~ ~l~e ~lth cape Plant inter.riel SPeci- al ' OUlkhead SEA LEVEL MAPPING P.O. Box # 366 Aquebogue NY 11981 ROBERT H. FOX NYS PLS# 50197 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 numl~er shown~hen contacting the DEC, /~q~,~ ~'~ ~)~ ~ ~0~/ Regi0nal Permit Administrator Permit Number Expiration Date ROGER EVANS NOTE: This notice is NOT a permit RECEIVED ,APR 1 42010 ~, nr r i;:;ML:3 DECLARATION OF COVENANT tltlS DECLARATION OF COVENANT made this~/' day o£ October, 2005, by Macy S. Zupa (hereinat'ter thc "Declarant") whose address is 365 Basin Road, Soulhold, NY 11971 WITNESSETH: WHEREAS, Iho State- of New York is authnrized and required to regulale the tidal wetlands aa set £onh in Art/cie 25 oflhe New York Environmental Conservation La,.v (hereinafter "ECL"); and WHEREAS, Declm'ant is thc owner o£ a residential lot in the Town of Southold, Slate of New York known as 580 Basin Road, Santhold, NY, Counly Tax Map Number: Dis~ct 1000, Section 81, Block 1, Lot 16.7 which she acquired by deed dalcd April 5. 2002, from Garrett Sinning, et al, grantors, aud recorded in Libor 12181, Page 887 (hereinafter thc "Property"), and WHEREAS, the Property includes tidal Wellands regulated by Article 25 or the ECL upon which certain regulated activities may occur only if prior approval is given by thc New York State Department of Enviroumenlal Couservadorl; NOW, TItEREFORE, the Decl~ant hereby covenants and agrees as follows: Regulated tidal wetlands associated with Southold Bay are located at the Property which is a residential lot known as 580 Basin Road, County Tax Map Number: District 1000, Section gl, Block I, Lot 16.7, and olhen.viae knowfi as the properties of Mary S. Zupa and her heirs, assigns, or successors. The Property is subject is subject to the provisions of Article 25 of the ECL or its successor, and the conduct oCregulated activities may occur only pursuant to ECL Article 25 if prior approval is given by the New York State Department of Environmental Conservation (NYSDEC) or its successor and by Mary S. Zupa, her heirs, assigns, or successors. Regulated activities include, but are not limited to the erection of' any dock(s) or other slnlcture(s); excavation; dredging; grading and filling; clearing of vegetation; and application of chemicals. iN WITNESS WHEREOF, the Declaranl has duly executed this Declaration of Covenanl the day and year first above written. STATE OF NEW YOP, aK sa COUNTY OF SUFFOLK On the3¢ day of October 2005, before me personally appeared Mary S. Zupa to me Imo~,vn RECEIVED APR 1 4 20!0 BOARD OF APPEALS C~NDA ~- TAGGART Uniform Form Certificate of Acknowledgment State of New York Coun~ of ,~.-~g~--'/~ . un tt~e 7 aay oran the ye~ ~C,O ~ , before me, the ~dersigned, personflly appe~ed ~ ~ ~ ~ ~ ~ ~/;~ cc personally known to me or proved to me on the basis of satisfactory evidence to be the indNiduat.(s) whose name (s) is/are subscribed to the within instrument and acknowledged to me that he/she / they executed the sm'ne in his/her/their capacity (les), and that by h/s/her/their signature (s) on the instrument, the individual (s), or the person upon behalf of which the individual (s) acted, executed the instrument: Notary Public Jill M. Doherty, President James F. King, Vice-President Dave Bergen Bob Ghosio, Jr. John Bredemeyer Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 May 19, 2010 Mrs. Mary S. Zupa 4565 Paradise Point Rd. Southold, NY 11971 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD RE: 580 BASIN RD., SOUTHOLD SCTM#81-1-16.7 Dear Mrs. Zupa: The Board of Town Trustees took the following action during its regular meeting held on Wed., May 19, 2010 regarding the above matter: WHEREAS, MARY S. ZUPA applied to the Southold Town Trustees for a permit under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance, application dated April 23, 2010, 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 issued a recommendation that the application be found Consistent with the Local Waterfront Revitalization Program policy standards, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on May 19, 2010, 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 c°mplies with the standards set f°rth in Chapter 3~'~e~'c~P2~!L~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, and, , NOW THEREFORE BE IT, RESOLVED, that the Board of Trustees has found the application to be Consistent with the Local Waterfront Revitalization Program, and, BE IT FUTHER RESOLVED, that the Board of Trustees APPROVES the application of MARY S. ZUPA to construct a single-family dwelling, garage, swimming pool, sanitary system, deck, remove existing asphalt driveway and install new gravel driveway, and landscape, with the condition the drainage system complies with Chapter 236- Stormwater Management of the Town Code, a line of staked hay bales and silt fencing is installed prior to construction activities and maintained until completion, and a 50' non-turf buffer landward of the wetland boundary, all as depicted on the survey prepared by Nathan Taft Corwin last dated March 31,2010. Permit to construct and complete project will expire two years from the date the permit is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Inspections are required at a fee of $50.00 per inspection. (See attached schedule.) Fees: $100.00 Very truly yours, JMD/Ims BOARD OF SOUTHOLD TOWN TRUtSTEI~i~C~:. DATE: MAY 19~ 2010 /I~D O,e' "~ PERMIT NO. 7303 ~i~,4LS ISSUED TO: MARY S. ZUPA PROPERTY ADDRESS: 580 BASIN RD.~ SOUTHOLD SCTM#81-1-16.7 AUTHORIZATION Pursuant to the provisions of Chapter 275 and/or Chapter 111 of the Town Code of the Town of Southold and in accordance with the Resolution of the Board of Trustees adopted at the meeting held on May 19, 2010 in consideration of application fee in the sum of $250.00 paid by Mary S. Zupa and subject to the Terms and Conditions as stated in the Resolution, the Southold Town Board of Trustees authorizes and fbllowing: Wetland Permit to construct a single-family dwelling, garage, swimming pool, sanitary system, deck, remove existing asphalt driveway and install new gravel driveway, and landscape, with the condition the drainage system complies with Chapter 236- Stormwater Management of the Town Code, a line of staked hay bales and silt fencing is installed prior to construction activities and maintained until completion, and a 50' non- turf buffer landward of the wetland boundary, all as depicted on the survey prepared by Nathan Taft Corwin last dated March 31, 2010. IN WITNESS WHEREOF, the said Board of Trustees hereby causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this date. .---r-, /Q. TERMS AND CONDITIONS '"L~/~/., Mary S Zupa, residing at 4565 Paradise Point Rd., Southold, NY,_as part of the The Permittee, . consideration for the issuance of the Permit does understand and prescribe to the followin~g: That the said Board of Trustees and the Town of Southold are released from any and all damages, or claims for damages, of suits arising directly or indirectly as a result of any operation performed pursuant to this permit, and the said Permittee will, at his or her own expense, defend any and all such suits initiated by third parties, and the said Permittee assumes full liability with respect thereto, to the complete exclusion of the Board of Trustees of the Town of Southold. That this Permit is valid for a period of 24 months, which is considered to be the estimated time required to complete the work involved, but should circumstances warrant, request for an extension may be made to the Board at a later date. That this Permit should be retained indefinitely, or as long as the said Permittce wishes to maintain the structure or project involved, to provide evidence to anyone concerned that authorization was originally obtained. That the work involved will be subject to the inspection and approval of the Board or its agents, and non-compliance with the provisions of the originating application may be cause for revocation of this Permit by resolution of the said Board. That there will be no unreasonable interference with navigation as a result of the work herein authorized. That there shall be no interference with the right of the public to pass and repass along the beach between high and low water marks. That if future operations of the Town of Southold require the removal and/or alterations in the location of the work herein authorized, or if, in the opinion of the Board of Trustees, the work shall cause unreasonable obstruction to free navigation, the said Permittee will be required, upon due notice, to remove or alter this work project herein stated without expenses to the Town of Southold. The Permittee is required to provide evidence that a copy of this Trustee permit has been recorded with the Suffolk County Clerk's Office as a notice covenant and deed restriction to the deed of the subject parcel. Such evidence shall be provided within ninety (90) calendar days of issuance of this permit. That the said Board will be notified by the Permittee of the completion of the work authorized. 10. That the Permittee will obtain all other permits and consents that may be required supplemental to this permit, which may be subject to revoke upon failure to obtain same. Jill M. Doherty, President James F. King, Vice-President Dave Bergen Bob Ghosio, Jr. John Bredemeyer BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Rd. P.O. Box 1179 Southold, NY 11971 Telephone (631 ) 765-1892 Fax~63 I)765-6641 ~ RECEIVED JUN 8 2010 BOARD OF APPEALS YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES 72 HOURS PRIOR TO COMMENCEMENT OF THE WORK, TO MAKE AN APPOINTMENT FOR A PRE-CONSTRUCTION INSPECTION, FAILURE TO DO SO SHALL BE CONSIDERED A VIOLATION AND POSSIBLE REVOCATION OF THE PERMIT. INSPECTION SCHEDULE / ,/ Pre-construction, hay bale line 1st day of construction ½ constructed J Project complete, compliance inspection. Jill M. Doherty, President James F. King, Vice-President Dave Bergen Bob Ghosio, Jr. John Bredemeyer Storm Water Runoff BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Trustee Matters Spring/Summer 2010 Town H~lAnnex 54375Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone(631) 765-1892 Fax(6~l) 765-6641 BOARD OF APPEALS With the recent heavy rainfalls, we are reminded once again of the problems Southold Town has with storm water runoff. With over 100 road ends terminating at creeks, bays, inlets, or Long Island Sound, as well as all of the lawns and homes lining our miles of shoreline, 100's of thousands of gallons of storm water runoff enters our wetlands every year. Carrying sediment that prevents sunlight from reaching aquatic plants, nutrients from animal waste and lawn fertilizers that promote algae blooms detrimental to shellfish, and bacteria and other biologicals that in high doses can be harmful to swimmers, storm water runoff is one of the Trustees main public safety concerns. So important, in fact, that Southold has a Storm Water Management Code. Southold Town's Chapter 236 provides an outline for how people need to deal with stoma water runoff from their properties. For example, new construction or renovation is required to contain any potential runoffto the wetlands from the construction by installing hay bales and silt fencing. This acts as a barrier and keeps our wetlands clean. Another example in Chapter 236 is that every building must have provisions to collect and disperse, ON-SITE, at least a 2 inch rainfall. This is usually handled by installing gutters, leaders and drywells to the home. The Trustees also have a standing policy of requiring pervious non-turf buffers along bulkheads and at tops of bluffs that help keep run off from entering the wetlands and prevents erosion to bluffs. These are important measures to keep our wetlands safe and clean! Before deciding to renovate or build, the Town Trustees urge you to check our website and the other department's websites to make sure what you are planning to do meet the Town's Codes. These codes have been developed for the good of ail citizens. And the wildlife all around us too! SOUTHOLD TRUST No. ~ Issued To.~ Date~b~_ Address THIS NOTICE MUST BE DISPLAYED DURING CONSTRUCTION TOWN TRUSTEES OFFICE,TOWN OF SOUTHOLD ~ ~ ~ SOUTHOLD, N.Y. 11971 o m S 89'2S'0B" E SECTION C SECTION A SURVEY OF PROPERTY SITUATED AT BAYVIEW TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-81-01-16.7 SCALE 1"=40' JANUARY 7, 2002 JANUARY 29, 2002 REVISED LOT AREA NOTATION FEBRUARY 14, 2092 REVISED DRIVEWAY LABELS RECEIVED JU V 8 BOARD OF APPEAL MAY 15, 2002 LOCATED WETLANDS & ADDED TOPOGRAPHICAL SURVEY JUNE 1, 2002 ADDED SITE PlaN AUGUST 5, 2002 REVISED WETLANDS LINE, SITE PLAN & ADDED TEST HOLE No, 2 AUGUST 26, 2002 ADDED PROPOSED SEPTIC SYSTEM JANUARY 23, 2003 ADDED DRYWELLS & HAY BALE5 NOVEMBER 12, 2093 REVISED PROPOSED HOUSE ,JUNE 6, 2007 REVISED TO SHOW PROPOSED LOT LINE CHANGE AT BASIN ROAD & UPDATED SURVEY FOR LOCATIONS OF NEW STRUCTURES JULY 2B, 2908 ADDED PRESCRIPTIVE EASEMENT OCTOBER 7, 2008 ADDED METES AND BOUNDS FOR PRESCRIPTIVE EASEMENT FEBRUARY B, 2009 UPDATE SURVEY APRIL 15. 2009 ADDED PROP. CONVEYANCE AREA FEBRUARY S, 2019 LOCATED NEW DOCK & PLANTINGS MARCH 31, 2010 REVISES SEPTIC SYSTEM LOT AREA INCLUB[NG THE BULKHEAD AREA AT THE NORTHWEST PORTION OF = 75 615 sq. fi, THE LOT PROJECTING INTO SOUTHOLD [lAY (TO BULKREAOS& TIE UNES) 1.~40 LOT AREA EXCLUDING THE BULKHEAD AREA AT THE NORTHWEST PORTION OF = 72 875 aq, ft. THE LOT PROJECTING INTO SOUTHOLD [lAY (TO BULKREABS & TIE ENES) 1.i~73 LOT AREA EXCLUDING THE BULKHEAD AREA AT THE NORTHWEST PORTION OF = 68,070 sq. THE LOT PROJECTING INTO SOUTHOLD I~AY (TO BULKHEADS & TIE LINES) AND THE WETLAND PORTION OF THE LOT PROPOSED LOT COVERAGE: AREA OF PROPOSED HOUSE, DECKS & POOL = 5.765 sq, ff. TIDAL WETLAND ADJACENT AREA -- 68,070 sB. ft. LOT COVERAGE OVER ADJACENT AREA ~ 8.47% CENTIFIEi) TO: CHICA(~O TITLE INSURANCE COMPANY MARY S, ZUPA SO UTHOLD BAY (EL. 21) AFPROVED BY [OARD OF TRUSTEES TOWN OF $OUTHOLD NP TEST HOLES DATA LEGEND PI~4NTING SCHEDULE L~, LEyI~N O SPRUCE PA RHODADENDRONS THE EXISTENCE OF RIGHTS OF WAY AND/OR EASEMENTS OF RECORD, I~ ANY, NOT SHOWN ARE NOT GUARANTEED. PREPARED IN ACCORDANCE WITH THE MINIMUM STANDARDS FOR TITLE SURV~ kS ESTABLISHED BY THE LI.A, LS* AND APP FOR SUCH TffLE ASSOCIATION, ~.¥:~, Lic, No. 50467 Nathan Taft Corwin III Land Surveyor PHONE (651)727-2090 Fax (631)727-1727 .t ~!hert J. Krupski', President James King, Vice-President Artie Foster Ken Poliwoda Peggy A. Dickerson January22,2003 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) 765-1366 RECEIVED APR 1 4 2010 Ms. Catherine Mesiano Catherine Mesiano, Inc. 12 Mill Pond Lane East Moriches, NY 11940-1222 BOARD OF APPEALS MARY S. ZUPA 580 BASIN ROAD, SOUTHOLD SCTM#81-1-16.7 Dear Ms. Mesiano: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, September 25, 2002 regarding the above matter: WHEREAS, Catherine Mesiano, Inc. on behalf of MARY S. ZUPA applied to the Southold Town Trustees for a permit under the provisions of Chapter 97 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated July 3, 2002, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on September 25, 2002, at which time alt 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 97 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that the Board of Trustees approve the application of MARY S. ZUPA to construct a single-family dwelling, porch and patio, on-site sewage disposal system, free form in- ground (gunite) pool (approx. 16'X 32') and pervious driveway, replacement ora 495' bulkhead and install approx. 52' of low-sill bulkhead for erosion control, and install 4' wide steps to the bay. Re-vegetate approx. 640 sq.ft, landward of the new low-profile wall with spartina alterniflora 18" on center, re-vegetate section of buffer area, and removal of the existing asphalt driveway, with the following conditions: Drywells and gutters to the house, drywell for the backwash of the pool, haybales at the buffer area prior to construction and during construction, a work plan describing how the work will be conducted, and as depicted on the approved plan last revised January 24, 2003 and survey last revised January 23, 2003. BE IT FURTHER RESOLVED that this determination should not be considered a determination made for any other Department or Agency, which may also have an application pending for the same or similar project. Permit to construct and complete project will expire two years from the date the permit is signed. Inspections are required at a fee of $5.00 per inspection. (See attached schedule.) Fees: $10.00 Very truly yours, Albert J. Krupski, Jr. President, Board of Trustees AJK/lms Board Of Southold Town Trustees SOUTHOLD, NEW YORK PERMIT NO. ..~-~,.~ DATE:~P~, 25, 2~02 ISSUED TO MARY $. ZUPA Pursuant to the provisions of Chapter 615 of the Laws of the State of New York, 1893: end Chapter 404 of the Laws of the State of New York 1952; and the Southold ToWn Ordinance en- titled "REGULATING AND THE PLACING OF OBSTRUCTIONS IN AND ON TOWN WATERS AND PUBLIC LANDS and the REMOVAL OF SAND, GRAVEL OR OTHER MATERIALS FROM LANDS UNDER TOWN WATERS:'.~: and in accordance with the Resolution of The B6ard adopted at a meeting held on ..~.~12~ ~.~. ZOQg. , and in consideration of the sum of $.~.~(~.,.~)D paid by Mar.~ .~.. Zupa. ............................... of ....... SoP-.~h0ld~ N.Y. and subject to the Terms and Conditions listed on the reverse side hereof, of Southold Town Trustees authorizes and permits the following: (SEE ATTACHED) 580 Basin Rd., Southold SCTM#81-1-16.7 ell in accordance with the detailed specifications as presented in the originating application. IN WITNESS WHEREOF, The said Board of Trustees here- by causes its Corporate Seal fo be affixed, and these p.resenfs to be subscribed by a maiorlty of fha said Board as of ~h~s da+e. TERMS end CONDITIONS BOARD OF APPEALS The Petmktee Mary S. Zupa 4565 Paradise Point Rd., Southold N. ¥~ as residb~§ a: pan of the consideration for ~he issuance of the permit do~ understand and pvescrlbe to the roi- lowing: L That the said Board of Trustees and the Town of Southold are ~.leased from any sad all ~]~m~Ss Or O'im~ fo~ dams~ss O~ ~ arisillg directly o~ ilk[irony as a re.lit of atlon pet-loaned pursuant to this p~mit, and the saki peanittee will at his o~ her own expease, with respect thereto, to the complete exclusion of the Board o~ Trustees of the Town of Southoid 24 2. That this Permit is valid for a period of mos. which is oonside~d to be the estimated time t~uized to complete the work involved, but should dto,,mtaaces watraut, request for an extension may be made to the Board at a latex dat~ 3. That this Petn~t should be retained indeflaitely, or as long as the said Pea~ittee wishes to maintain the structure o~ project involved, to provide evidence to anyone concerned chat auth- orization was o~iginally obtained. 4. That d~e work involved wiJt be subject to the inspection and approval of the Board its agents, and non-compLiance with the provisions of the otigln~r~,~ application, may be t~vocation of this Petmh by resolution of the said Bo~d. 5. That there wilt be no unzeasonable inte~fexence with navigation as a result of the work herein au'thodzed. 6. That the~e shall be no interference with the right of the l~dic to pass and repass alaag the beac~ between high and low water m~ks. 7. Thtt if future operations of the Town of Southold zequite the removal and/or alterations in the location of the work hetdn authorized, or i/, in the opinkm of the Boa~l of Tmsxees, the work shah cause un~easonable obsu'ucuon to free navigation, the said p,~rmi~tee will be t~luited, upon due notice, to remove or aher fl~is work ot project herein stated without expenses to the Tuw.. of Southold. 8. That the said Board wiU be notified by the PetmJttee os the completion of the work auth- or/zed. 9. That the Petmittee wiU obtain all other pezmits and consents that n~7 be t~quited plementa~ to this permit which ma)' be subject to revoke upon failure to obt~l,~ same. 'Albert J. Krupski, President James King, Vice-President Artie Foster Ken Poliwoda Peggy A. Dickerson BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD MARY S. ZUPA 580 BASIN ROAD, SOUTHOLD SCTM#81-1-16.7 Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-1366 RECEIVED APR ~ 4 '~ BOARD OF APPEALS Wetland Permit #5636 to construct a single-family dwelling, porch and patio, on-site sewage disposal system, free form in-ground (gunite) pool (approx. 16'X 32') and pervious driveway, replacement ora 495' bulkhead and install approx. 52' of low-sill bulkhead for erosion control, and install 4' wide steps to the bay. Re-vegetate approx. 640 sq.fL landward of the new low- profile wall with spartina altemiflora 18" on center, re-vegetate section of buffer area, and removal of the existing asphalt driveway, with the following conditions: Drywells and gutters to the house, drywell for the backwash of the pool, haybales at the buffer area prior to construction and during construction, a work plan describing how the work will be conducted, and as depicted on the approved plan last revised January 24, 2003 and survey last revised January 23, 2003. ¢2'04" 89'23'08" E 21,63' ° TEST HOLES DATA (TEST HOLE DUO BY NA OS I ) (TEST HOLE DUG ON MAY l, 2002) EL 111' TEST HOLE No. £ (TEST HOLE DUG ON ,JULY 22, 2002) LOT AREA THE LOT AREA THE SURVEY OF PROPERTY SITUA TED A T BAYVIEW TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-81-01-16.7 SCALE 1 "=-30' JANUARY 7, 2002 dANUARY 29, 2002 REVISED LOT AREA NOTATION FEBRUARY 14, 2002 REVISED DRIVEWAY LABELS MAY 15, 200,2 LOCATED WETLANDS & ADDED TOPOGRAPHICAL SURVEY JUNE 1, 2002 ADDED SiTE PLAN AUGUST 5, 2002 REVISED WETLANDS LINE, SITE PLAN & ADDED TEST HOLE No. AUGUST 26, 2002 ADDED PROPOSED SEPTIC SYSTEM JANUARY 25, 2003 ADDED DRYWELLS & HAY BALES 2 INCLUDING THE BULKHEAD AREA AT THE NORTHWEST PORTION OF = 75,687.36 sq, ft. LOT PROJECTING INTO SOUTHOLD BAY (TO BULKHEADS & TIE LINES) 1.738 ac, EXCLUDING THE BULKHEAD AREA AT THE NORTHWEST PORTION OF = 72,747.53 sq. ff. LOT PROJECTING INTO SOUTHOLD BAY (TO BULKHEADS & TIE LINES) 1,670 ac. SO UTHOLD (TO~'R HARBOR) ~AY CERTIFIED TO, CHICAGO TITLE INSURANCE MARY S. ZUPA COMPANY BOARD OF APPEALS WELL N 88'5A'02" E THE FACE OF OULKHFAD N 82 '29" E = ~R:YHELL a~ / D PREPARED ~N ACCORDANCE WITH THE MINIMUM N,Y.S, Lic, No. 49668 Joseph A. Ingegno Land Surveyor (651)727-2090 Fax (631)727-1727 ~OA T t3ASIN NOTES. 1. ELEVATIONS ARE REFERENCED TO N.Q.V.D. EXISTING ELEVATIONS ARE SHOWN THUS:AJ~ EXISTING CONTOUR LINES ARE SHOWN THUS: .... 5 ..... 2. FLOOD ZONE INFORMATION TAKEN FROM: FLOOD INSURANCE RATE MAP No. 56105C0167 G ZONE AE' SASE FLOOD ELEVATIONS DETERMINED ZONE X* AREAS OF- 500-YEAR FLOOD; AREAS OF /OD-YEAR FLOOD WITH AVERAGE D£PTN OF LESS THAN ~ FOOT OR WITH DRAINAGE AREAS LESS THAN I SQUARE MILE, AND AREAS PROTECTED BY LEVEES FROM log-YEAR FLOOD. I TANK; LONG, WIDE, 6'-7" DEEP 4. MINIMUM LEACHING SYSTEM FOR A 1 TO 4 SEDROOM HOUSE IS 500 sq ff SIDEWALL AREA. 2 POOLS; S' DEEP, 8' dim ~PROPOSED EXPANSION POOL O PROPOSED LEACHING POOL ~'~7~PROPOSED SEPTIC TANK S 69'25'06" E SURVEY OF PROPERTY SITUATED AT BAYVIEW TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-81-01-16,7 SCALE 1 "=40' JANUARY 7, 2002 JANUARY 29, 2092 REVISED LOT AREA NOTATION FEBRUARY 14, 2002 REVISED DRIVEWAY LABELS MAY 15, 2002 LOCATED W~TLANDS & ADDED TOPOGRAPHICAL SURVEY JUNE 1, 2002 ADDED SITE PLAN AUGUST 5, 2002 R£ViSED WETLANDS LINE, SITE PLAN & ADDED TEST HOLE No. 2 AUGUST 26, 2002 ADDED PROPOSED SEPTIC SYSTEM JANUARY 23, 2005 ADDED DRYWELLS & HAY BALES NOVEMBER 12, 2603 REVISED PROPOSED HOUSE JUNE 6, 2007 REVISED TO SHOW PROPOSED LOT LINE CHANGE AT BASIN ROAD & UPDATED SURVEY FOR LOCATIONS OF NEW STRUCTURES JULY 25, 2006 AODED PRESCRIPTIVE EASEMENT OCTOBER 7, 2605 ADDED METES AND HOUNDS FOR PRESCRIPTIVE EASEMENT FEBRUARY 9, 2609 UPDATE SURVEY LOT AREA INCLUDING THE BULKHEAD AREA AT THE NORTHWEST PORTION OF = 75 815 sq. ff. THE LOT PROJECTING INTO $OUTHOLD BAY (TO BULKHEADS & TIE LINES) 1.~40 ac. LOT AREA EXCLUDING THE BULKHEAD AREA AT THE NORTHWEST PORTION OF = 72 675 aR. ff. THE LOT PROJECTING INTO SOUYHOLD BAY (TO BULKHEADS & LOT AREA EXCLUDING THE BULKHEAD AREA AT THE NORTHWEST PORTION OF = 66,070 sq. ff. THE LOT PROJECTING INTO SOUTHOLD 6AY (TO BULKHEADS & TIE LINES) AND THE WETLAND PORTION OF THE LOT PROPOSED LOT COVERAGE: AREA OF PROPOSED HOUSE, DECKS & POOL = 5.766 sq. fi. TIDAL WETLAND ADJACENT AREA = 68,070 sq. ff. LOT COVERAGE OVER ADJACENT AREA = B.47~ CHICAGO TITLE INSURANCE COMPANY MARY S. ZUPA r RECEIVED BOARD OF APPEALS SECTION C UTHOLD ~c NP 4P N5 i0~ £ SECTION A NS NORWAY SPRUCE J~P WHITE PINE /~ LETLAND SPRUCE f~4~A RHODADENDRONS ~, OROUND COVER NP NATIVE PLANTS (Incl. ROSA RUGOSA. RUSSIAN OLIV6, BAYBERRY, GRASSES) TEST HOLES DATA METES AND BOUNDS FOR PRESCRIPTIVE EASEMENT [] 5 SO'O6'AO" W 9.05' [] N 66'09'25" W 42.89' [] R=217.00' L=68.92' [] N 8~2l'15" W 75.91' [] R=130.O0' L=99.77' [] N 4~22'55" W ' 49.24' [] R=60.O0' L=16.54' [] R=55,00' L=55.35' [] N 0~16'50" W 29.61' [] R=46.OO' L=46.26' [] R=2.00' L=1,69' [] R=2S.O0' L=24.86' [] R=69.60' L=18.79' [] S 40'22'55" E 49.24' [] R=226.00' L=71.78' [] S 66'09'23" E 45.89' THE EXISTENCE OF RIGHTS OF WAY NYS dc. No. 50467 Nathan Taft Corwin III Land Surveyor PHONE (631)727-2090 Fox (651)727-1727 Albert J. I~upski, President James King, Vice-President Artie Foster Ken Poliwoda Peggy A. Dickerson Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-1366 BOARD OF TOWN TRUSTEES ToWN OF sOUTHOLD YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES RS PRIOR TO COMMENCEMENT OF THE WORK, TO MAKE AN 72 HOU ......... ,-,,= ,",'",,,~STRUCTION INSPECTION. FAILURE TO DO SO s~.°,' "~ ~ ~, ;'-;; .%~ v"',~;,¥.o. ,..~, .oss,~,~ .~voc~.~-,o. o~ ~-.~ PERMIT. MARY ZUPA INSPECTION SCHEDULE xx Pre-construction, hay bale line 1st day of construction Y2 constructed ×× Project complete, compliance inspection. RECE[rVED APR 1 4 2010 BOARD OF APPEALS FRCiH :C HESIANFJ INC. RE: WETLAND PERMT MARY ZUPA 580 BASIN ROAD, SOUTHOLD APR l 4Z~ BOARD OF At WORK PLAN It is the intention of the applicant to undertake ali restorative and stabilizatio activity as soon as practical, subsequent to a favorable decision by the Southo Board of Zoning Appeals (the "ZBA") regarding an application which is currentl~ pending. The application was filed in November, but no date for a hearing ha, been set by the ZBA. Assuming a favorable decision after a hearing in miC March, and that the marine contractor identified for the restorative an¢ stabilization operations has not been pre-empted by other work, the plan is fo the bulkhead replacement, installation of the stairway and installation of the Iow sill bulkhead to commence in April, with the shoreline stabilization plantings an( buffer plantings to commence thereafter. It is anticipated that these operation, will be completed within approximately 45 to 60 days from commencement. PEALS Assuming this schedule, groundbreaking for the residentieJ site Jmprovement~. should commence in the May-June time frame. This work will be preceded installation of a row of staked hay bales placed a minimum distance of 50' from the landward edge of the tida wet and boundary or bulkhead. All work on this site will be done in accordance with best practices and which is normally done with similar sites under similar conditions to protect the wetlands, It is anticipated that the project will take approximately one year to complete. Plan View SEA LEVEL MAPPING W~E 'HO~ ~ ~2~ ~ SGAL~ I"= ~0' ~hee~ ~ O~ I S ~T~ I000-~1-1-1~.~ ~u~hold, Ne~ Mock T~de Datum: NCV~'2q ~ ~ o u ~ h o I d D ~ y RECEIVED ~ APR 1 4 2010 BOARD OF APPEALS SOHEDU[ E xr Land o~ Zupo _ow Sill" Bulkhead x~:~ -r - Cross Section ~.~ ,,,: ,o, SOUTHOLD TRUSTEES Issued To/f~--~-'~ ~.. ~t.~_-- Oa~e~ Address · ,~ THIS NOTICE MUST BE DISPLAYED DURING CONSTRUCTION TOWN TRUSTEES OFFICE,TOWN OF SOUTHOLD SOUTHOLD, N.Y. 11971 TEL.: 765-1892 t J. Krupski, President ,es King, Vice-President Artle Foster Ken Poliwoda Peggy A. Dickerson Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD July 21,2004 Mrs. Mary S. Zupa 4565 Paradise Point Rd. Southold, NY 11971 RECEIVED APR 1 42010 BOARD OF APPEALS RE: 580 BASIN RD., SOUTHOLD SCTM#81-1-16.7 Dear Mrs. Zupa: The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wed., July 21,2004: RESOLVED that the Southold Town Board of Trustees grants a One-Year Extension to Permit #5636, as issued on September 25, 2002. This is not an approval from any other agency. if you have any questions, please do not hesitate to contact this office. Sincerely, Albert J. Krupski, Jr. President, Board of Trustees AJK:lms Albert J. Krupski, President James King, Vice-President Artie Foster Ken Poliwoda Peggy A. Dickerson Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD August 24, 2005 Mrs. Mary Zupa 4565 Paradise Point Rd. Southold, NY 11971 RECEIVED BOARD OF APPEALS RE: 580 BASIN RD., SOUTHOLD SCTM#81-1-16.7 Dear Mrs. Zupa: The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wednesday, August 24, 2005: RESOLVED that the Southold Town Board of Trustees grants the last One-Year Extension to Permit #5636, as issued on September 25, 2002. This is not an approval from any other agency. If you have any questions, please do not hesitate to contact this office. Sincerely, Albert J. Krupski, Jr. President, Board of Trustees AJK:lms Northwest corner looking east 12/4/09 Southwest looking northeast 12/4/09 Sot~theast corner looking nortb~', i 12/4/09 Front yard southeast lo ~t ~ 12/4/09 Rear yard northeast looking west 1274/09 Front yard south looking north !2/4/09 Front yard south looking north 12/4/09 Planning Board -4- June .1, 1981 spondence from =he"Suffolk County Department of Health Services re- garding =he SEQHA, correspondence =o the Suffolk County Planning Commission, copy of =he legal notice, me=es and bounds description, correspondence from the applicants attorney, sketch plan approval for this subdivision on March 26, 1980, I would assume it is March 1981, also declare=ion of lead agency s~atus wi~h Sou=hold Town Planning Hoard, application for approval of plo=, short enviro~en=al assessment fo~. This completes the fi~e. This is a =fac= of prop- er=y that's being divided into two. The =fac= of property consists of fifty-nine and one-half (59%) acres, one plo=-being thirteen acres =o =he north, =he second plo= being four=y-six acres =o ~e As is ~he procedure of public hearings, I will ask is =here anyone present =his evening who woul6 like ~o speak in opposition =o '=his proposed minor subdivision of =he Hen~ Jenninqs Es=a=~? Hearing non~, is =here anyone present this evening who would like =o speak in favor of =his proposed ~nor s~division of ~e ~ Rudolph B~er: On behalf of the es=ate, I would just like =o irradiate what I spoke to you gentlemen earlier on ~e site pian approval. The purpose, I represent =he es=ate whose selling it subject to =he aivision of =he proper=y, we've been advised by propose~ purchaser, a Dr.. D~lanos, that l= woul~ be u~ed for =grape growing pu~os~s and =he pu~ose of =he: split'ting of l= i8 ~a= larger piece is going =o be used as a fa~. Respectively, we ask the board =o allow =he division of =he property, thank you. Mr. Raynor= Is there anyone else present this evening who would, like =o speak in favor of ~is proposed subdivision? Is =here anyone present =his evening ~at has some info~=ion ~a= ~y be ne~~ pro nor con but should come before ~is board at ~is =~e? H~r~ none, is ~here any me,er of =he board =ha~ has any questions? ~r. Orlowski, Mr. Lath~, Mr. Wall, ~. Mullen? ~R ~ All answered in ~e negative. BOARD OF APPEALS Mr. Raynor= There being no fur~er ~estions we will deem =his hearing closed and thank you for coming do~ =his evening. Mil=on Mehlman minor subdivision. Johh Strong appear~ before board =o discuss wi~ =h~m his request =ha= the righC-of-way be changed from 50 fee= to 25 fee=. The board feels ~a= 50 fee=' for ~he right-of-way is needed If not a= ~his time bu~ for =he future. ~r. Sgrong's request has bee~. On motion made bY Mr. Orlowski, seconded by Mr. La=ham, it was I~SOLVED to set-off as paradise Point Cor~oratioD ~ots ~nt~tled Club House of two an. _. ~ree ~uarter ac=es and an Unnumbered !or on SOu=hold Bay consLs=ang of 1.7 acres directly east of the inlet basin. Vote of the Board= Ayes: Raynor, Wall, Orlowski, Mullen, La=ham CHICAGO TITLE INSURANCE COMPANY TITLB NO.; 3602-95431 COUNTY OF SUFFOLK } }ss STATE OF NEW YORK } VARIANCE SEARCH RECEIVED APR 1 4~/e~( BOARD OF APPEALS THIS IS TO C~I~TIFY THAT MARY S. ZUPA IS TH~ OWNRR(S) OF RECORD OF PP. EM/SSS AS DISTRICT 1000 SECTION 081.00 BLOCK 01.00 LOT 016.007 THAT SHE ACQUIE~D TITLE THERETO BY DEHE DATED 4/5/02 RECORDED IN LIBER 12181 CP 887 ON 4/23/02; THAT WE HAVE MADE A SEARCH OF THE RECORDS OF THE SUFFOLK COUNTY CL~AND/OR REGIST~.AR'S OFFICE, AND THAT SAID SEARCH SHOWS THAT NEITHER TH~ SAID OWNER NOR ANY PREDECESSOR IN TITLE OF THE SAID PRSMISES OWNED CONTIGUOUS PROP~TY AT ANY TIWE SINCB 1/1/57 EXCEPT AS FOLLOWS: THAT TR~A~PLICANTHEREINDOES NOT OWNANYCONTIGUOUS pROPERTY EXCEPTAS FOLLOWS: TAX LOT 017.000, TAX LOT 013.001 AND TAX LOT 016.010 THIS C~RTIFZCATION IS MADE WITH ~ I~T~a~TION OF TH~ RELIANCE THEREON BY TH~ BOARD OF APPEALS AND/OR BUILDING DRPARTMENT OF THE TOWN OF SOUTHO~D. T~E LIMIT OF LIABILTY Oh'DER THIS CERTIFICATRo FOR ANY REASON W~ATSOEVER, WI~ BASED ON CONTRACT OR NEGLIGI~NCE, SHALL NOT RXCFJED $1,000.00, AND SHA~L BE CONFIN~D TO T~ APPLICANT TO WHOM THIS CERTIFICATE IS ADDRESSED, OR THE COUNTY OF SUFFOLK. CHICAGO TITLE INSURANCE COMPANY SWORN TO BEFORN ME THIS 18TH DAY OF DRCEMBE!~. , 2002. BRUCE N. PHILLIPS SR. (631) 264-2406 o~=o~,~'~, C~EO Title Insurance Company~ (~ ie New ~d ,, '.d Ar~w ~. N~, Yart OE~ ~lJ{~fl~..R DA"l'I/ TR~CFION RA'I'E MANUA/. [~ ~Pu~CI$ INSURANCE 3802-95431 NO~ 21, 2002 ~ ~ ~ ~ T~ V~ ~ MU~. D~. s~R~: ~Y S. Z~A ~ ~ M~ su~ ~u~o~ p~ ~ ~ S~atu: ~ YO~ D~ 1000 S~ 081.00 B~: 01.00 ~t(0: 016.007 A~ ~80 ~IN ~O~. SO~O~, ~W Yo~ )EC~ 23, 2002 rnor'tmc~mu~ ~0~ D~: 3802-00159 mu ~ P~Y~ ~A~ ~ ~-~- Ve~ ~ ~U~, AppB~t N~ 6111919 - 000 HOUSE ACCO~ RI~ - 3308 RECEIVED App~ ~(1)~el: (631) ~65-6112 AppU~t ~0(2) T~I: F~ vICTOR ~-u~A 4565 PAP~ISE POINT ROAD SOUTHOLD, N~W YORK 119~1 BOARD OF APPEAL,~ FROM : CHICAGO TrrLE INSURANCE cOMPANY 2003 12:37PM pi VARIANCESEARCH T[T~ NC.: 3B02-95431 co~ o~ SU~'POLK S~ OF ~ YO~K ~0~ ~ D~S~I~ 1000 SE~0N 081.00 B~K 01,00 12181 CP 8~ O~ 4/~3/02; ~T ~ ~ ~ ~ S~ PROP~ AT ~ TI~ S~ ~/1/B3 EX~ ~ NON~ FoLLOW~ ~ (631) 284-2406 S~OP-N TO BE~ORE ~ THIg 18TH DAY OF DF'C~F~ ' 3002. RECEIVED APR 1 ~.~ BOARD OF APPEALS TZTLSNO.; 3802-95431 VARIANCE SEARCH (Continued) APR i 4L~: BOARD OF APPEALS DIST. 1000 SEC. 081.00 BLOCK 01.00 LOT 016.007 DF~D P/~%ADISE POINT INCORPORAT*~ TO NELSON S. ROBINSON, TRUSTEE UNDER A u~aTAIN INDENTURS OF TRUST DATED 11/15/1939 MADE BY FRANCIS H. ROBINSON, SETTLOR DAT'~D: 2/20/53 RECORDBD: 5/11/53 LIBEH 3513 PAG~ 97 DF~D NELSON S. ROBINSON, TRUSTBE UNDER A CERTAIN INDF-N~IqJRE OF TRUST DATED 11/15/1939 MADE BY FRANCIS H. ROBINSON, SETTLOR AND PARADIS~ POI~%~ INCORI~OP~.T~D PARADISE POINT CORPORATION DA'£r',,~: 10/22/60 RECORDED; 10/24/60 LIBER 4894 PAGS 365 DF~D PARADISE POINT CORPORATION TO J. LANE CUI~Y, AS TO 37% Y/4TSREST, GILMAN HALLENBECK, AS TO 32% INTEREST, GARRY SII~G, AS TO 29% INT~P~ST, JOBN SCH0'r£*s, AS TO 2% II~',t',~EST, AS TENANTS IN CO~ON AND AS THEIR INTEREST APPEARS DA'Z'~I.,~: 10/29/51 R~CORDED~ 10/29/81 LIBER 9093 PAGE 01 JOHN H. SCII~&-r~ DIED 12/1/82 LEAVING LAI~REL ANN SHAW SOLE DISTRIBU/~E AND HEIR AT ~AW DF~D LAUREL ANN SHAW, SOLE DISTRIBU'£~E ~ HEIR AT LAW OF JOHN H. SCHUTTE, DECEASED TO PARADISE OF SOUTHOLO INC. DATm'h 4/12/85 P. ECOEDED; 4/16/85 LIBER 9771 P~,E 385 J. LAN~ CURRY DIED 6/17/94 !~FRVING CHANCY D'ELIA CURRY AS EXECUTOR A~D D~.VISEE. GILMAN HALLENBECK DIED 2002 LETT~RE ISSUED TO GII~IAN J. HALLENBBCK v~;~* - CONTINUED - 2 ~LE NO.~ 3802-9543~ VARIANCE SEARCH (Continued) CNANCY D. CURRY, (L~HRETT SINNING A/K/A QARRY SINNING, PA~ISE OF SOUTHOLD INC., GILMAN J. HALI~ECK, INDIV. AND AS ADMIN. OF THE ~-STATE OF GILBERT HALLENBECK A/K/A GILMAN H. HALLENBECK, DECEASED, PURSUANT TO LETTERS ISSUED UNDER FILE 357P2002 TO MARY S. ZUPA D~TI~ ~ 4/5/02 ][ECOI:~DZD: 4/23/02 LIBOR 12181 PAGE 88'/ LAST Ogler OF I~CORD p~.EMISES ON NORTHs SOUTHOLD BAY P/O pIt~MISES ON ~A~TI DIST. 1000 SEC. 081.00 BLOCK 01.00 LOT 019.000 PAP.%DISS POINT INCORPORATED TO NELSON S. ROBINSON, TRUSTEE UNDER A CEHTAIN INDENTUEE OF TRUST DATED 11/15/1939 MADE BY FRANCIS H. ROBINSON, SETTLOR DATED: 2/20/53 ~J~CORDSD: 5/11/53 LIB]~R 3513 PA~B 97 NELSON S. ROBINSON, TRUSTEE UNDER A CERTAIN INDENTURE OF TRUST DATED 11/15/1939 ~E BY ~CIS H. ROBINSON, SE~R ~ P~IS~ ~ ~~ P~ISE ~ ~TION 10/22/60 ~CO~ ~ 10/24/60 LIB~ 4894 ~E 365 PAI~ADISS POINT CORPORATION TO EDMOND H. CURCURU AND PATRICIAN. C~RCURU, HIS WIF~ ]3AT~h 1/13./~9 I~COP. DED: LIBOR 6584 PAGE 60A D OF ApPEN-S v~a3*a - CONTINUED - 3 3802-95431 VARIANCE SEARCH (Continued) EDMOND H. CU~CU~U AND PATRXCIA N. CURCURU, AS HUSBAND AND WIFE TO KDMOND H. CURCURU ~ PAT~ICIA N. C~uKU, AS T~USTEES OF THE BASIN ROAD REALTY T~UST, A FLORIDA TRUST UNDER DEC~A~ATION OF TRUST DATED ~JLY 23, 2001 DATED: 7/23/01 RECORDED: 11/23/01 LIB~ 12154 PAGE 643 LAST OWW:~ OF i~COKD P/0 PP.~MZSES ON KASTI BASIN ROAD P/O PR~BBS ON R A~T~ DIET. 1000 SEC. 081.00 BLOCK 01.00 LOT 013.001 PARADISE POII~T INCORPORATED TO NELSON S. ROBINSON, TRUSTEE UNDER A CERTAIN INDENTUg. E OF TRUST DATED 11/15/1939 MADE BY F~ANCIS H. RORINSON, SRTTLOR DA','~',m: 2/20/53 RECOEDED; 5/11/53 LIU~ 3513 PJU3E 97 NELSON S. ROBINSON, TRUSTEE UNDER A CERTAIN INDENTUIU~ OF TRUST DATED 11/15/1939 MADE BY F~CIS H. ROBINSON, SBTTLORAND P~/~ADISE POINT I/qCOP.~0RA'£ PARADISE POINT CORPORATION DATED; 10/22/60 R~COP. DED~ 10/24/60 LINER 4894 PAGE 365 RECEIVED APR 1 4 ZOlO PARADISE POINT CORPORATION TO BAg.NEY V. MONTICELLO AND M~'~BIN~ MONTICELLO, HIS WI~ ~'~'~: 10/8/80 ~: ~0/[~/80 LIB~ 8899 P~E 53 BOARD OF APPEALS - CONT~ - VARIANCE SEARCH (Continued) TIT~.~ NO.: 3802-95431 Mi~'~RLIN~ MONTICELLO, HIS WI~ LZB~ 10528 P~E 168 MICHELINA MONTICELLO TO DAL~ W. MAYt~RD AND JO ANN L. MAYNarD, HIS WIF5 1)AT~D; 1/12/88 ~%ECO]~,DED: 1/29/88 LIBER 10528 PAGE 1'70 DF~D DALE W. MAYNARD AND JO ANN L. MAYN~.~D, HIS WI~ VIeR O. ~A ~ ~Y S. ~A, HIS ~1'~: ~/1~/98 ~ 1/~0/98 LZB~ 11907 P~E 984 I~4,8~ O~ 01~ Z.~CO~..D pREMISES ON SOOTH ~ ~ST~ DIST. 1000 SEC. 081.00 BLOCK 01.00 LOT 016.010 CANAL (BASIN) pAJ~ADISE POINT INCORPOP. ATH&) N~LSON S. ROBINSON, ~USTEE UNDER A C~TAIN IND~I~ OF TRUST DATED 11/15/1939 MADE BY F~ANCIS H. ROBINSON, SETTLOR DATED= 2/20/53 ~.~ .~ ,~ ~.~ RSCOP,.DSD ~ 5/11/53 LIBOR 3513 pAGE 97 BOARD OF APPEA ,i v, mO~ - CONTINUED - 5 VARIANCE SEARCH (Continued) TZTL~ NO.-' 3802-95431 NELSON S. BOBINSON, TBUST~B UNDER A CERTAIN INDEI~TUBE OF TRUST DATED 11/15/1939 MADE BY F~ANCIS H. BOBINSON, SETTLOB AND pAI~ADISS POINT INCORPORATED pAI~ADISE POINT COBPOP. ATION I~'~D: 10/22/60 NECOI[D~D: 10/24/60 LIBF~[ 4894 PAGE 365 PARADISE POINT COBPORATION TO J. LANE CUR~Y, AS TO 37% GZLMAN HALL~I~BECK, AS TO 32% GARRY sINNINQ~ AS TO 29% INTI~ST, JOHN SCHUTTE, AS TO 2% INTEREST, AS TENANTS IN COMMON AND AS THHIR INTBREST DATSD: 10/25/S1 I~CORD~D t 10/29/81 LIBF~[ 9093 PAGE 01 JOHN H. SCHUTTE DIED 12/1/52 LEAVING LAORBL ~ SHAW SOLE DISTBIBUTEE AND NEIB AT ~L ~ SHA~, SOLE DISTRIBUTEE AND HEIB AT LAW OF JOHN N. SCHUTTE, D~-cEASED TO pAI~ADISS OF SOUTHOLD INC. DATED: 4/12/55 P~COEDI~D ~ 4/16/85 LIBEl[ 9771 PAGE 385 DF~D J: LAN~ CUR~Y~ AS TO 37% INTEREST, GILMAN HALLENBBCKo AS TO 32% INTEP~ST, CARRY S~NG, ~ ~ 29% I~ST, " p~ISE 0F SO~O~ ~C. ~ ~ 2% I~ST, ~ T~S IN CO~ON ~ ~ ~ST p~IS~ ~ ~SOC~TION INC. ~-~: 2/23/89 ~: 2/24/89 Li~ 10804 P~ 555 LAST O~ OF I%~CORD AP~ ' BOARD OF APP~A~ CONTINUED - CHICAGO TITr.g. INSURANC~ CO1VI~ANY 400 WEST MAIN STREET (631} 727-44.55 PAGE: 001 DATE= December 23, 2002 VICTOR ZUPA 4565 PARADISE POINT ROAD SOUTHOLD~ NY 11971 TITLE NO.: 3802-95431 ZUPA/ CUST# 6111919-000 PREMISES: S80 BASIN ROAD, SOUTHOLD~ NY CODE DESCRIPTION 089 VARIANCE SEARCH 089 150 EXTRA CHAINS BALANCE DUE: AMOUNT 350.00 TBD $350.00 RECEIVED APR 1 BOARD OF APPEALS NOTE: In case of cancellation of tkis Special Search, the fees charged will remain the same. The above represents an estimate of your title costs to date. These charges are subjsct to change based upon the structure of your tran~action and additional work which may be performed. Thank You. BOARD R Goe~-inger, Chairman Serge Doyen, .Ir. ,lam,-s Din. izio, .Ir. Robert A. Villa Lydia A. Toners BOARD OF APPEALS TOWN OF $OUTHOLD ACTION OF THE B.OAR_D OF APPEALS Southold Towo/-iai 53095 Main Road RO. Box l Soul.hold, New York I 1971 Fax (516) 765-182: Telephone ($ !~23~$- l RECEIVED Appl. No. 4314. Upon Application of JAMES AND BA. RBA.RA MILLER, Contact Vendees (Ownez-: paradise of Southold, Inc. spplication i~ based upon the Marsh 29, 1995 Notic~ of Disapproval issued by the Buildir, ff Inspector, wherein applicants 'are requesting a bui~Hl,g permit to locale a new single-family dwelling, disapproved 0n the following "l. This parcel of 1.79 acres is not shown on the Map of Point, Section One, as a building lot; Section 100-21~1A-7. Single and separate search required back to 1957. 2. Approval required by Board of Appeals to build dwelling as n second use on this 1.79-acre pa~eel. Zor~e requires 80,000 sq. l~t. of land area per use (or 1~0,000 ft.), ref. Article II]I, Section 100o30A. 3. Approval is required from Board of Appeals under Article Section 100-239.4B for location of dwelling with decks at less than 75 feet from the a~t~g bu~e~d; 4. ApProval required to amend Fried Map as approved by the Board for Parsd~e Point, Section One, pemnin.inC to 'Future ;-,tension* of Basin Road and use of this parcel as a building lot. ,'1. 100 and Ch. 108... " of Pl'operty: 580 Basin Road, Soutbold, One, Fried Map No. 3761 filed April 11, 1963; ? (formerly part of 16.4), Paradise Point WHEREAS, public hearings were held on June 7, 1995, July 12, and August 9, 1995, at which times all persons who desired to heard we~e heard and extensive testimony recorded (pt-o and a~d WHEREAS, the Board has care£utly considered all testimony and submitted concerning this application; 'Ma~:ter of J~E.S A'- BARBARA MILLER Decision Rendered _.,~gust 9, 1995 WHEREAS, Board Members have fa,-!limv with the premises in question, surrounding ~reas; personally viewed and its present zoningj and the WHEREAS, the Board made the following findings of fact: 1. BASIS OF APPEAL. The Building Inspector's Notice of Disapproval upon wkich this variance application im based, is dated March 29, 1995. On March ;1 0, 1995 the Building Inspector received a buildln~ permit appli.cation to construct a single-family dwe[ILug ~th decks, accessory swhamingpool, a~d retalmiug the use of the existing boat basin (private marina) use for lot ewners in the Paradise Point Association, Inc. The mar4n~ i$ "aa bu/lt" witl~ docks, bellrbeads, parlr, i~t~ ar~a~, an ex. ist/n[~ improved ae~aa exteasioa; easements for access to the'jetty by lot owners and other~ ilsi~g 'the private marina, as well aa open accessibility to and around the perimeter of this 1.79+- lot. 2. CODE REQUIREMENTS.. The ground~ for disapproval ale a~ 1. This parcel of 1.79 acres L~ not shown on the Map of Point, Section One, as a building lot; Section 100-281A-7. Single and separate search required back to 1957. 2. Approval is required ... to building single-family as a second use on this 1.79-acre parcel. R-80 zone 80,000 square feet per use. Article III, Section I00-30A. the 3. Approval is required . under ARticle XXIII, Section for location of dwelling ~r~th decks at less than 75 feet existing bulkhead. Paragraph numbers 4 and 5 relate to ether department requirements).... 3. PROPERTY DATA. The premises in qt~estion is located Basin Road at Paradise Point identified on the County Tax Maps District 1000, Seotion 81, Block 1, Lot 16.7 euntaining a total ~a of 1.79 acres (inclusive of Iow wetland area and inclusive of a of land referred to as a "jetty" - whose owm:rsbip bna not be ~$~rtalned through title insurance or through search of deeds). , removal of the jetty upland area from the total areal'of this the lot ar~a is 74,595+- square i%et. Tile areas subject flooding and unusuable for parking and residential~type uses to be 5,000+- sq. ft., Ice,Lug a total upland area of 70,000 sq. ft. for two uses: (a) the e~cisting private use and (b) a proposed single-family residentia! d~elling secess0ry uses. Contiguous to the east is Basin Road, which'is ~tter of j.a.¥.ES A~ :ARBARA MILLER Rendered August 9, 1995 the on the map of Paradise Point to extend beyond, onto the property. Upon information received, no formal amendments 1963 Subdivision Map el Paradise point were filed with the County Clerk since its original filing as Map No. 3761. 4. PROPOSED VARIANCE. The applicant h~:rein is contract for the pub, chase of the subject property with proposals to the present improvements (base of ~oad extending from Basin to the westerly waterway section), for construction of a new and accessory .swimming-pool. §. AMOUNT OF RELIEF REQUESTED. The proposed dwelling is to be 76'4" at its longest side (along the east measurement) ?$ feet wide at its point closest to the bulkhead along Southold (Town Harbor). The setback of the house was originally at 51 feet at its westerly corner point, and during the 9, 1995 hearing, applicants offered an alternative setback from 51 feet to 60 feet at its closest polnis, and increase · 58 feet at its easterly corner tn 65 feet. The setback shown the easlerly neighbor is ~0 feet, and the setback from other lot lines was shown at 75 feet or more. The amount of actual area which is rquested under the variance is approximately squar~ feet (ground area). The reduction by the requested is 15 feet and 10 feet, respectively, which is 20% and 14%, less than the code requirement of 75 feet. $. CHARACTER OF SURROUNDING AREA. The neighborhood of many lots improved with single-family residences in a community with waterfront accessibility. TI~ neighbors have used the southerly portion of this property as a private for private boating purposes. To the south is appro~rt,--~tely ,00~0 'sq. fi. of !_~nd, mostly undarwater, which together the canal or inlet, is understood to be owned aud privately used Paradise Point Association, Inc. and its lot ovrael, s. Directly to eamt fronting along Basin Road are two subdivisien lots improved residential use. 7. PRIOR APPEALS. The subject property has not been the of prior appeal applications. There are records which were pertaining to a May 11, 1981 map for a minor subdivision - reviewed and acted upon by the Town Plarming Board for That mi.~or subdivision map is different in some respects 19a3 filed Major Subdivision map of ParaciJse Point pertaining the Extension of Basin Road and possible turnaround area, a formal map filing for the amendments were not found the County Clerk's records. The maps are unclear as to the existing access used as an .Extensio~ of ilasin l~oad, and 10t owners and their families, was to be intentionully abandoned. amp also shows the jetty to be separate from the subject Matter of JAM_ES · ~'n BARBARa Decision Rendere~ · .g'ust 9, 1995 in May 1981, and information in the hearing records indicates that the je[ty was built by joint el[errs of the resideuts lot owners (and]or Association Members) fz~m thc Paradise Point 8. EFFECTS OF RELIEF I{EQUESTED HEREIN. It is the of the Board %hat: (a) an undesirable change will be produced by the grant the relief request, ed for two principal uses on this 74,595+- mquare foot; (b) the grant of the variances requested would create 'mixed uses" for both a private marina use and a private residence for which 160,000 square feet of land area is required in this R-80 Zone District; substantied; as noted m paragraph 5 above, the relief requested (d) the difficulties claimed are personal in nature to contract vendee, who has indicated he has a "signed contract" with the owner and that the architectural design, layout and size of house that they have chosen is eot "changeable" and was one of the reasons for wanting to build; (e) applicant has indicated no desire to alter the size or of the house in order to comply with the zoniog regulations, including limited area for residential use in order to adequately .provide partclng and fire access to the marina areas around the (f) the relief, as requested, is nos the minimum mcessary, and does not adequately preserve and protect the character of the neighborhood and the health, safety and welfare of the immediate community area~; (g) in Light of all the above, there are alternatives for to pursue to better plan for the existing ularlna uses or [~ a principal residential building which will fit Within an upland area with greater setbacks from the water and · e[land areas~ with less reduction in se[backs and les.': relief. Accordingly, on motion by Member V~lla, seconded by Member Dinizio, it wa~ RESOLVED, to DENY the variances requested and as noted ~bove. Vote of the ]~o~vd: Ayes: Messrs. Doyen, Goehringew, Villa, ~nd Tortor~. This resolution was duly adopted by u~anjmOU$ vote of the board members. GERARD P. GOI~t-~iNGER, CHAIRMA~N7 AND FILED BY SOUTHOLD TOWN CLERK aoo~ ~.'5 ,~ !Town Clerk, Tovrn of Sou~hold ~1, (~I1) ?(~.I~ APR i 4~0~0 AppL NO. 52,,,~ - Mary Z,u,pa Street L.m:atim: ..~IO Bash Road (Pm'adi~e Point), Southold CTM Par~el ID: 1000-81-1-i0.7 BOARD OF APPEALS R~naiderat~l In accordance wl~ the May 6, 2004, Supreme Cou~f Decision of tl~e Ho~. Ja/nes C~on, J.$.C. (Index No. 03-2~553J regarding the Following: Al}pi. No. 6286 regarding Appeal filed bV MARY ZUPA concerning property at 580 Basin Road, $outhold; 1000..8'1-1-16.7. SEQRA DETERMINATION~ The Z~ing Board of ApPeale has visited the pmpe~ under cor~deratton in this application and determines that this review falls under the Type II category of the Sta~e'$ ~ of Actions, without an adverse effect on the environment if the pmjeot is implemanted as planned, In a-~ord~n~ with U~e Mey-ff~. 201~., ~upteme Coun O~ieion of t~e Hon.. Ja~ ~n, J~ ~ the ~ York ~ate ~Up~me C~ ~ ~ hereby meK~ me ~l~g' ~ln~ a~ d~e~aficn ~ing ~i~ Numar 5266 submi~d by Ma~. The ~ning ~ of ~peals hel~ a ~M~ head~ on ~is ap~on on M~mh 20, 20~. June 5, 20~, July 24, 2~, a~d ~gust 2~, 20~, at which time ~n a~ omi e~d~ ~m ~. Based u~n all the te~imony, ~men~on, p~onal i~soe~ of ~e p~, ~ other evident, ~e [~lng Board finds ~e ~11o~ fa~ m 1, ~e ~l~t has ap~al~ ~m ~e Building De~eDfs N~m of Di~pproval, dasd o~ ~0, 2~2 ~d al~matively s~ks vafian~ under S~ons ~0~24(B) ~ 100-32 of t~e Town ~de to ~ ~n~n of a single famlJy dwelling en p~peAy Io~ ~ ~0 Baa~ Road. ~. pardi No. 1~0-8~-t-~6.7. 2. The ~i~ ~ ~ disapp~ by ~e Building De~t on the grounds ~at 1) ~n~ ~ a s~Ogle family dwelling on a ~ncon~ing T3,08~ ~. ff. pardi is ~ : C I'E$IPiiD IFC FAX ND. : 631-87B-Bg51 2B54 E~):3c.~qP1 P3 Re; Apl)I. Ne, ~ - M. Zupa CTM Pan:al Id: 10(X)-81-1-16.? not permitted In the R~O Dietriot; 2) the lot ia not recognized under the Zoning Code anU it ia U$IKI aa a marina: and 3) the conmbuotion of a single family dwelling would constitute a 8e~ond use° 4. The Zoning Board's files reflect that in 1995, James and Borbara Miller applied for e building permit Io ~it two uses on the property (a non-conforming pre-exlsllng, m~na and a oingle familY dWelling), Setba~ variants werealr,o needs#with respec~ to I~ $~ng of the proposed dwelling. ?he Building Detriment issued a N~ of Oi~PProval on $iSentlally idendCal grounds as were issued with,req)e0t to the pre~menT aPPlication, 4. The Millem appealed to. the Zoning Board. seeking to ovef(um the Notice of Olsepl;woval or. alterrmfivaly, to obtain variancaa. The appeal was denied on August 9, 19~)6, NO AKdale 76 proceeding was commas, cad by the Millers to review the Board's denial of their application. 5. The applicar~t'$ prop!~, rly"is'7~nKI R,80 and is approximately 1.7 awes. A sub- stantial pmtlon of the pmpe~ ts surmui~ded by.water end wetlands. 6. There ia conflicting evidence in the record a~ to whether the applicants prol)erty is · lot ~apl:gOVed by the Southol(I Town Plannir',g Board' thue e rer, ogni;ed "lot" un0e~ Section 100-24(2) of the Tewn Code. ?, In 1081. it appears that t~e Planning Board approved to set off the lot with essentially tho same dimensions as the applicant's property. The Building Department issaed e vacant land CerbT~ato of Occupancy. However. subsequent memoranda from the Planning Board, and other evidence, ~all into queation the Intent of the set off. 8. The Issue i~ academic, however, aince If the lot were not a recognized, pm- exieting aubstandard lot that continued to be held in mingle and separate ownership., tt~ unique faota and ,,Imumstanoea here would warrant the gram of the areal/ area varmanoe othe~ needed to constTuot a single family dweUing on the property. 0. However, whether the conN'A~,,-iion of a conforming single family dwelling can be built 'aa of nght" if ttle lot were ,, "reCOgnized lot' or with an area variance if It were not a "recognized lot'. I;he.propoe, ed uae of the propegy aa sought by the applicant ia complicated by the f~ct .that the property has been and continues to be used in pert as e pm-existing nonoenf~nnlng marina. P4 10. The fa=ts w~th respe=t to ~e pre-existing marina use remain un~anged since this Board's ~nlat of the 1995 va~noe application tefert~ to above; other than the present applicant ~$iming tt~t the marina uae ia "illegal". The Board is advised that the claim was cllSrl~laead by th$ SLIpreme Cou~t on pr~ural standing grounds only and not on the undoing merits. 11, The marina is prinoipally utilized by the applicant's nei§hbom, mern~ra of the Paradise Point A~=lat~on. The Assed, ation a*,serts its rtghts to maintain ~e marina and to uae applk;ant~a propea-ty for that purpose. The, applicant's property is the sole means of upland ~ca~s to the marina. 12. Thus; the al~Plioant'e'Propert~ is b~ntened ~th a We.existing non-confolming Uae, 13, The residential usa ~ht by the application is a permitted use in the R-80 di~'~t. The applicant is proposing 'fo..put a pennltted use on the property that Is already being used in a nonconforming manner. 14. Under ~e~tien 100.241{G) of the Town Code, this proposed change to a ~onformlng uae can only occur If either the no~-~onfom~ing use is abandoned or, altemethely, a vadanca Is sought to permit the non-conforming use to continue along with the conforming uae. The pennant pa~t of Sec~on 100-241 ((3) reads as follows: 'Whenever a nonoonfo~ing use of a premises has been changed to s conforming uae, anything In this ArtJct$1o the contrary notwithstanding, the non~qforming use et such premises shall no longer be pe~nitted unless a v~rience therefor shall.have been granted by the Board of Appeals." 15. In order to build the proposed dwelllrlg, tiaa legal, nonconforming marina usa could no longer operafla unless a v~nea ts granted perm~ng it to remain. 18. This case preaen~ an extremely unusual oir~umstanoe for the Board. Normally, the owner of the pmpmty owns and oontrols the nonconforming use on it and would el~ar agree to dissent[hue J~ usa or apply fOr s variance under Section 100-24,1(G) to allow It to remain willie a e,,onfo~ning use is added 10 the property. Here, however, the nor~e,o~formlng u~ I~ owned an~ ~ontrolL~d by the Association that i= not the fee owner of ~e property. The owner of the non~:)nforrning use and t~e owner of the fee title to tile pmpelly appear to be steadfastly opposed to.-co-e.~tenoe, No...applioatlon has bean made for the variance. P~ : ~ MESI~N] INC FAX NO, : · aa: &apl, No. 53a~ -'u. Zupa OTM P~ld; contemplated in 8eedon 100-241(0) that would ;®trait the non.<a3nfomlJng roarina uae to con. ua while pen'nl~ng ~onstm~lon ~t me horoa. VVl~out aur~ variance, the property cannot be umad t~' both u~es. 17. If the ~)rope~ Were not already uaed by a nonconforming roadna, this Boa~l wou~ omni the applk:ant the area variance suught froro the two-acm minimuro required by the Se~on t0&,32 of the Town Code for the following reaaona: a. The be~etlt to the appllr, ant of con~tm~ng a residential home outweighs the debiroent to the health, safe, and we~taro of the neighborhood caused by 13. 'The grant of the variance will not I:~'Oduce an undeairable ohange In the r, here~r ~ the neighborho~l because the neighborhood is predominantly residential. o. The grant Of'the varimnce will not create a significant detriment to nearby properties because the application seeks to Gonst~ct a house within all legal d. The benefit sought W the applicant cannot be aoiqiavacl by another feasible me~od other than an area varianoe. In order to construct a house on this property, the applicant mqulrea a va~ance. e. The requested relief ia not substantial. The applicant's properly i~ ~ppm~mataly 70,000 ~uare feet in area. ~me 87,5% of the 80.000 square feet required. This ck;~e not dramatically change when square footage attributed to easements and the m~ra use ia subtrac[ed. f. Evidence has not been aubmitted to s~ow that ti'to grant of the varian~ will have an adverse impact on phy~lcei or environmental oondi~ona in ttte neighborhood. On the contrary, the applicant has reoeived the a#propriate pemlita from the New Yo~ State Department Of Envlro,qroental Conservation and the Town Trustee~. The parcel is situated in ~rJn a way that · house conatructeU with r, onforming set backs would not have any acivema iropa~ ~q any adjoining or nearby parcel~. {I- The diffmutty was ~elf.~raatad. The applicant purchased the property w~ knowledge that the planned cx3nstmcUon will nd conform to the ourmnt Town -p~e 5- A~gust 2, 2004 Rs: requirements. However, this ia one factor to be ~naldered whioh is not eutomaUoally di~ooeltNe. h. The grant of the relief i~ I~e minimum action necessary end adequate to e~abla the applicant 1o con~b'uct a residential houSe c~ the premiSes, while preservL'lg alld prote~fing the ~haracter of t~e neighborhood and [he health, safety, and welfare of the community. The proposed constru~on ~ompties with all appll~ble set. bac~ requirements. 18, HOwever, ~e relief requested by l~e applicant can only be conditionally granted since simultaneous to any a~roval, ~ nonconforming marina uae must be abandoned or ii vafla~,e must be applied forte permit it to remain as required under Section 100-241(G). 19. Since the r~neonfo~ming use is own~ ~n¢ oper~:l by ~. ~t~n, t~ ~ ~nn~ unilate~lly aba~ ~m m. Whi~ ~e appli~nt aaa ~ ~on ~uld ap~y ~ a v~n~ ~ a~ nonm~ing u~ ~ ~aln ~ ~e p~p~ a~r It b p~ ~ a ~o~mg use, hO su~adafl~ appl~on has been ma0e ~ ~ls ~ and t~ ~ w~l n~ ~Judge ~y su~ appll~t~n. BOARD RESOCLITION/DE'TER_MINATION: NOW, therefore, on mofior~ by Chsinwoman Olive, seconded by Member Ooehfiflger, it v~s RE,5OLVED, that based upon the foregoing, the Board grants [he area varianos sought by the applicant to permit °°nstmctton of a single family home on less that 80,000 ~,quare fee~ with full compliance with ali mtba~ requirements off condition, however, that no b~lng pennlt be i. aued until the nonconforming marina use is removed or a variance is g~nt~ ~ perr~it its ~:~lflrpjed uso in oo~unc~Jon w~th a resi~lefltlal use. Vote of the Board: Ayes: Meml~em Olive (Chairwoman), Goehringer, and To~m. (~r ~ ~se~ ~lmseE Mem~r Oin~ abs~ined.) This Re~lut~n w~ duty R~H D~ OLIVA, CHA1RWO~ 8131~ Appmv~ ~r Filing TOWN OF $OUTHOtD PROPERTY RECORD CARD OWNER owNER N ~ I RES. SEAS. LAND iMP. _._ ~..) __/jz o~2_._.' ..... TOTAL DATE DIST. TYPE OF BUILDING - FARM Tillable t Tilk~ble 2 TiHabb 3 : Acre COMM CB. MI~'~. Mkt. Vo[ue Woodland Value Per Ac re Brush!and House Plot ' DEPTH ~ BULKHEAD FRONTAGE ON WATER FRONTAGE ON ROAD Total DOCK 'Ir · PROPERTY RECORD ~kllD ....-~,'~"-'-'-'-'-'-'-'-'-~ /6,.~ ~ ,~/_ ?£ ~ TOWN OF $OUTHOLD OWNER FOPu~AER OWNER RES. LAND SEAS. V'L NE"&' FARM Tillable 1 Tillable 2 Ti]]able 3 Woodiand Swampland Bt,rash]and Hous~ Plot Tottfl Acre TOTAL TYPE OF BU1LDI~IG BELOW ~,v* ,- ..... Value Per Value FRONTAGE ON WATERII~$ I ~,--a. rr ~' ROAD " j F ......A~ ON BULKHEAD J DOCK BUiLDiNG CONDITION .~// FARM ICOMM. CB, MISC. Mkt. Value DATE J REM/kRKS oWNER ~ / STRE~ VIL~GE DISTRI~ j SUB. LOT N ~t'? ! N O RM~L Farm Tiltab~e Tillable 2 Titlable 3 Weed!end ~'¢',.,'~C-~-'~T BUILDING COhlDiT]ON BELOW J-- ABOVE Acre Value Per Acre k Vo]ue OWNER 5~E~ ViL~GE FORMER OWNER :~ES. 1 SEAS. LAND iMP. AGE NEW TA~ Tiiiab[e Tiltabl¢ 3 WoodJon~t House Plot To!al TYPE OF BUJL~DiNG . --~.- TOTAL J DATE 1 REMARKS BUILDING CONDITION NORMAL J BELOW Acre I Value Per . Acre FRO_J-TI'AGE ON WATER J ! (4-~'~,. ~.~..: -Z/.~ =,~iTA~_E r~.~ RO:~D I )EPTH j DOCK L ABOVE Value i ;; " ~ * '~' I [VL. RES I SEAS. LAND I iMP. STREET vILLAgE · j 'mS'T.j~,t suB. N. " ' '~ F' j ,c~.. ~ . ~ ' ' ~P~OF BUJLOi~ j F~M COMM. CB. MISC. Mk~. ~alu~ LOT ^GE FARM i Acre Ttllable 2 TillobJe 3 J 'Woodland ' Swc,_mpland I T~ol [ TOTAL I DATE REMARKS - [ BUILDING CONDtT1. ON Volua Per Votue Acre T I FRONTAGE ON WATER FRONTAGE CFI ROAD .- DEPTH BULKHEAD DOCK 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 April 15, 2010 Zoning Appeal No. 6394 Transmitted herewith is Zoning Appeals No. 6394 for Mary. & Victor Zupa - the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Short Environmental Assessment Form, Transactional Disclosure Form, LWRP Consistency Assessment Form, Notice of Disapproval from Building Department Dated April 1, 2010, Copy of Suffolk County Tax Map, Permit from the Department of Health, Copy of Survey of Property Showing Proposed Construction and Approval from Health Department Dated March 31, 2009, 8 Pages of Permit #1-4738-03029/00010 from the Department of Environmental Conservation Dated March 17, 2009, 2 Pages of Declaration of Covenant Dated October 31, 2005, Copy of Survey Showing Proposed Construction Dated February 9, 2009 Prepared by Nathan Taft Corwin III Land Surveyor, 11 Pages of Permit #5636 from Board of Town Trustees Dated January 22, 2003, Copy of Survey Showing Proposed Construction and Approval from Board of Trustees Dated 1/24/2003,17 Photos of Property Showing Stakes and Different Angles, Planning Board, Chicago Title Insurance Company Variance Search Title No 3802-95431 Dated December 23, 2002, Copy of Action of the Board of Appeals No. 4314 Dated August 23, 1995, Copy of Determination from the Board of Appeals No. 5266 Dated August 2, 2004, Copies of Property Record Card, Copy of Survey Showing Proposed Construction Dated February 3, 2010 Prepared by Nathan Taft Corwin III, Land Surveyor, 11 Pages of Plans Showing Site Plan, Floor Plans & Elevations,. Town of Southold P.O Box 1179 Southold, NY 11971 Date: 04/14/10 * * * RECEIPT * * * Receipt~: 77066 Transaction(s): 1 1 Application Fees Reference Subtotal 6394 $400.00 Check#: 1830 Total Paid: $400.00 Name: Zupa, Mary S 4565 Paradise Point Rd Southold, NY 11971 Clerk ID: CAROLH Internal ID: 6394 ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 4/14/10 ZBA # 6394 NAME ZUPA, Mary S. and Victor J. CHECK # 1830 AMOUNT $400.OO TC DATE STAMP RECEIVED IPR I 4 2070 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS WEDNESDAY, JUNE 30, 2010 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 WEDNESDAY, JUNE 30~ 20'10. 9:30 A.M. Mary Zupa #6394: Request for Variance from Code Section 280-14, based on an application for building permit to build a new single family dwelling in addition to an existing marina, and the Building Inspector's March 24, 2010, Amended April 1, 2010 Notice of Disapproval stating that the proposed construction is not permitted unless the same conforms to the Bulk Schedule and Parking Schedule proposal is at less than the code required 80,000 sq. ft. of land. Location of Property: 580 Basin Rd., (adjacent to Southold Bay)Southold, NY. SCTM#1000-8t-1-t6.7. Zone: R-80. (The Zoning Board of Appeals, in its Decision # 8244 dated August 2, 2004, granted the applicant relief from the 80,000 sq. ft. requirement to allow the construction of a new single family dwelling, however, the grant was conditioned upon either the abandonment of the existing, legal non-conforming marina use or the grant of a variance pursuant to Section 280-121G that would allow the non-conforming use to continue in conjunction with the single family dwelling - a permitted use. This application is being made to fulfill this condition.) 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: Vicki. Toth~,,Town. South old.ny, us. Dated: May 27, 2010 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net June 1, 2010 Re: Town Code Chapter 55 ~ Public Notices for Wednesday, June 30, 2010 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 June 14th: 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 alii 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. If 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 owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearing, providing the returned letter to us as soon as possible; AND not later than June 21st: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, and furnish to our office with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. 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 June 22st: 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 Posting for receipt by our office before June 28th, 2010. 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. NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: ZUPA, MARY # 6394 SCTM #: 1000-81-1-16.7 VARIANCE: LOT AREA REQUEST: CONSTRUCTION DATE: WED., JUNE 30, 2010 9:30 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD OF APPEALS-TOWN OF SOUTHOLD 765-1809 9814 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 17m dayof June1 2010. Sworn to before me this Principal Clerk 2010. LEGAL NOTICE SOUTHOLD TOWN ZON1NG BOARD OF APPEALS WEDNESDAY JUNE 30, 2010 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; SouthoId. New York 11971-0959, on ]~ R6~]u~r Variance from Code Sec- tion 280-14, based on an application for building permit to build a new single family dwelling in addition to an exist- ing marina, and the Building Inspector's March 24, 2010, Amended April 1, 2010 Notice of Disapproval stating that the proposed construction is not permitted unless the same conforms to the Bulk Schedule and Parking Schedule propos- al is at less than the code required 80,000 sq. ft. of land. Location of Property: 580 Basin Rd., (adjacent to Southold Bay) Southold, NY. SCTM#1000-81-1 16.7. Zone: R-80. (The Zoning Board of Ap- peals, in its Decision g 5244 dated August 2, 2004, granted the applicant relief from the 80,000 sq. ft. requirement to allow the construction of a new single family dwelling, however, the grant was con- ditioned upon either the abandonment of the existing, legal non-conforming marina use or the grant of a variance pursuant to Section 280-121G that would allow the non-conforming use to continue in conjunction with the single family dwelling a permitted use. This application is being made to fulfill this condition.) 35 feet, (2) less than the code required setback from a bulkhead of 75 feet at; 750 West Lake Dr., Southold, NY. SCTM#1000-90-2-1. (adj. to Little Pe- conic Bay and dug Inlet) 10'30 A.M. ANDREW GREEN~ ~o387. Request for Variances from Code Section 280-116(A) based on an applica- tion for building permit and the Build- ing Inspector's March 24, 2010, Notice of (adj. to Loag Island Sound) Notice o~Dis~o~ coacerning ~ Applicants request a Specia~ authorization to expand ~n A~ this single family dw~ll~g~ far3~ tl~e¢ (3) bedrooms to five (55 bedr~ sl~-,Ctor's Amended D~b~r !0, 2009, Updated March 9, ~0, No.d.c~.?t' Dis- Creek) CHRISTINA VOLINSKI biOl'ARY PUBLiC-SlATE OF NEW YORK No. Ol-V06~ 05050 Qualified in Suffolk County Sworn to before me this L~GAL NOTICE SOU'IMOLD TOWN ZONING BOARD OF APPEALS ~(EDNESDAY 3UNE 30,2010 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pur- suant to Section 267 of the Towa Law and Town Code Chapter 2~0 (Zoning),Town ings will be held by the SOUTHOLD TOWN ZONING BOARD OF AP- PEALS at the Town Hail, 53095 Main Road, RO. Box 1179; Southold, New York 11971-0959, on ~ equest ~r Variance from Code Sec- tion 280q4, based on an application for building permit to build a new single family dwelhag in addition to an exist- lng marina, and the Building Inspector's March 24, 2010, Amended April 1, 2010 Notice of Disapproval stating that the proposed construction is not permitted unless the same conforms to the Bulk Schedule and Parking Schedule propos- al is at less than the code required 80,000 sq. ft. of land. Location of Property: 580 Basin Rd., (adjacent to Southold Bay) Zone: R-80. (The Zoning Board of Ap- peals,in its Decision # 5244 dated August 2, 2004, granted the applicant relief from the 80,000 sq. fl. requirement to allow the constraction of a new single family dwelling, however, the grant was con~ dltioned upon either the abandonment of the existing, legal non-conforming marina use or the grant of a variance pursuant to Section 280-121G that would aBow the non-conforming me to continue in conjunction with the single family dwelling - a permitted use. This application is being made to fulfill this condition.) Requ~f for Variances from Code Sec- tion 280-10(A) based on an application for building permit and the Building In- spector's March 18, 2010, Notice of Dis- approval concerning waiver of merger which states that the noncoin'orming 1o~ shall merge until a total lot size conforms to the current bulk ~chedule (minimum 40,000 square feet in this R40 Residen- tial Zone District). This land merged with the adjacent proper~ loca~:d to the south identified ~ SC'TM #1000-79-4-41 at; 500 Harbor Lights Dr., Southold, NY, SCTM#1000-71-2-12. quest for Variances from Code Sections 280-124 & 280-116 based on an applica- tion for building permit and the Building Inspector's January 12, 2010, Updated March 15, 2010, Notice of Disapproval concerning construction of a new single family dwelling, at {1) less than the code required minimum rear yard sethack of Principal Clerk 35 feet, (2) less than the code required setback from a bulkhead of 75 feet at; 750 West Lake Dr., Southold, NY. SCTM#1000-90-2-1. (adj. to LiRle Pe~ conic Bay and dug Inlet) IH A.M. ANDREW GREEN_F ~3~/. Request for Variances from Code Section 280-116(A) based on an applica- tion for building permit and the Build- ing Inspector's March 24, 2010, Notice of Disal~rovul concerning construction at le~ than the code required setback (adj. to Long Island Sound) ]~uJ~V,.l~ Request for Vari- on an application for building permit 20, 2009, Updated February. 1~ 2~10, Sa~100043.i.9. - S~rion 280-124, based on an applica- ~:~ption under Section Applicants are [he (~wn~ authorization to expand ;~n Acc~la~ B~d and ar~ta~t, ~ aaa ina- dental to their r~sidenlJa! oceupan~y~ in (3) be~ooms to five ($) bech'ooms for [~r boilding permit and tl~ Building In- k,tot's Amended D0cembur 10, 2009, ~pdated Ma~ch 9, 2010, Noti~ o~ I~s- Creek) · Carryover Ilea~ings, continued from LESLIE KANES WEISN~.N, CHAIR. 53095 Main Road (Mai[ing~USPS) 2010. CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK No. 01-V06105050 Qualified in Suffolk County ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of (Name of Applicants) CTMParcel #1000- ~1-1---1~ RECEIVED BOARD OF APPEALS AFFIDAVIT OF MAILINGS COUNTY OF SUFFOLK) STATE OF NEW YORK) - , ew York, being duly sworn, depose and say t~t: Onthe //m~dayof ~ ,~/~ , I personally mailed at the United S~tes Post Office iu ~,~ko I~ , New Yor~ by CERT~D ~L, ~TU~ ~CE~T ~Q~S~D, a tree copy of the attached Legal Notice in prepaid envelops address~ to c~ent o~ers shown on the cu~ent ~sessment roll verified ~om the official r~r& on file ~ file (~Assess0rs, or ( ) Comity Real Prope~ Office .. , for eveW prope~y which abuts and is across a public or pfiv?e strut, or vemcular righl-of-way of record, su~omiding the applicm~t's pro.fly, Sworn to before me th/s I/ dayofx.Tc/~l~.._ ,20qO Lorraine LaRosa NOTARY PUBLIC, State of New York No, 01 LA6059257 Qualified In Suffolk County , Commission Expires May 29, 20 PLEASE list, on the back of tiffs Affidavit or on a sheet of paper the lot numbers next to the °wtiermames"and~addresses~or'which~ro-ttces were mall~l'h~h~ yoo7 ............. ~ ................ Cedified Fee Return Receipt Fee (Endomement Required) (Endorsement Required) To~a~ Postage & Fees $1.22 $2.80 $2.30 $6.~ USE I $1.05 $2.~ ~ $6.15 E 07 x ,,-[ ~?t'-,C ~ A L U,,,~E $2.80 07 $2.30 ' · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · print your name and address on the reverse so that we can tatum the card to you. · Attach this card to the back of the mailpiece, or on the front If space pen'nits. [] No 3. Service 3¥pe r-I Certified Mall [] Express Mall [] Registered [] Return Recetpt for Merchandise [] Insured Mail r'l C.O.D. 4. Restricted DetF/e~y? (Extra Fee) [] Y~ 2. Article Numbe~ (Trans/a~ from serv/ce PS Form 3811, February 2004 7010 0290 0002 Domestic Return Rec~pt 8969 1606 · Complete items 1, 2, and 3, Also complete item 4 if Re~Mcted Dellvmy Is dealred. · print your name and eddreas on the reverse so thet we can return the card to you. · Attach this card to the back of the mailplece, or on the front if space permits. 1. Article Addressed to: 7010 0290 I-1 Agent [] Addressee Date of Delivery []Yes D No 3. Sewlce'lybe [] ~ Mal~ m Regletel~d [] insured Mall r=l F. xpmss Mall [] Return Re~aipt for Merchandise [] C.O.D. rnyes 0002 8969 1613 2. Article Number (rmnsfer from se~ce/abe/) PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 [ ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK h~ the Matter of the Application of (Name of Applicants) Regarding Posting of Sign upon Applicant's Land Identified as 1000- 7'7 - / /d V COUNTY OF SUFFOLK) STATE OF NEW YORK) RECEIVED BOARD OF APPEALS AFFIDAVIT OF SIGN POSTENG I,_ P'I,~ P--¥ ~ ~'1~"~ residingat-//-~b ~;~d~j~h,4 ~,, ~, q h~, I4~ _, New York, being duly sworn, depose and say that: On the x~.'~-day of .~ O~'~ ~- ~, ;lo//2_, I personally placed the Town's official Poster, with the date of heariug and nature of my application noted thereon, securely upon my property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) - facing the street or facing each street or right-of-way entrance;* and that I hereby confirm flint the Poster h ' ' ,' as relnalned m place for seven days pr or t " ~,_. o that dale of the subject hearing date, wl~ch bearing date was shown to be Sworn to befor_g, me this day of .o u. ex~. ,20~ (Nbt/[-r~ Pubhc) g'IOT/1RY PUBLIC, State of New York 018/16210083 Oualifie~ in Suffolk County Commissiofl Expires/1ugust 10, 20 t~ *near thc entrance or driveway entrance of my propezly, as the areamost visiblelo passersby USPS Tracking Results Page 1 of 2 UNITED ST/ TES POST/ L SERVICE EMS -Tracking EMS China Serv ces lools I¢log Widgets GPS Tracking Site tracking Don't Buy Tracking Til You Compare Google Analytics Just Got More Get 3 Months Free & Live Demo Powerful & Easier To Use. Now! ~ google corn/analytics Teletrac ne~JFreeLiveDemo Parcel/LTL ShiPDin~ Study Free 2010 Benchmark Survey Results· 500 Surveyed, How do you Ads by GooRle · Packaqe Trackinq EMS USPS USPS corn Trackinq USPS Track Con't Find Their tn. fo ? Compare? www kewill com/clippersh[p You are here: EMS Tracking > Tools > USPS Trackinq > Results We attempted to deliver your item at 12:28 PM on June 15, 2010 in RIDGEWOOD, NJ 07450 and a notice was left. You may pick up the item at the Post Office indicated on the notice, go to www.usps.comlredelivery, or call 800-ASK-USPS to arrange for redelivery. If this item is unclaimed after 15 days then it will be returned to the sender. Information, if available, is updated periodically throughout the day. Please check again later. Detailed Results Activity Date/Time Location Notice Left June 15 2010, 12:28 pm RIDGEWOOD, NJ 07450 Notice Left June 14 2010, 01:44 pm RIDGEWOOD, NJ 07450 Acceptance June 11 2010, 02:31 pm SOUTHOLD, NY 11971 Your package's latest location on Google Maps http://usps.ems-tracking.net/usps-tracking.php?number=70100290000289691637 6/28/2010 Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.north fork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 April 15, 2010 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 #6394 Owner/Applicant: ZUPA, Mary Action Requested: Within 500 feet of: Construction of single family dwelling in addition to existing marina. ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ( ) Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Encls. Leslie K. Weisman ZB -- irpe n Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY ! 1971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 April 19, 2009 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. # 6394 ZUPA, Mary Dear Mark: We have received an application for construction of a single family dwelling in addition to an existing marina. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-5D is requested within 30 days of receipt of this letter. Thank you. Very truly yours, LeslieJ~. Chal~ By: {_~ /qeism/~n Encls. Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 July 21, 2010 http://southoldtown.northfork, net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 Mary S. Zupa 4565 Paradise Point Rd. Southold, NY 11971 Re: ZBA # 6394 Dear ~.~O~ Transmitted for your records is a copy of the Board's July 13, 2010 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above application for variances. Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of this determination to the Building Department. If you have any questions, please call the office. Sincerel~x Encl. Cc: Building Dept. F. D, 28 15.7 NOTICE SECTION S 89'23'08" E SURVEY OF PROPERTY SITUA TED A T BAYVIEW TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-81-01-16.7 SCALE 1"=40' JANUARY 7, 2002 JANUARY 29, 2002 REVISED LOT AREA NOTATION FEBRUARY lA, 2002 REVISED DRIVEWAY LABELS MAY 15, 2002 LOCATED WETLANDS Cz ADDED TOPOGRAPHICAL SURVEY JUNE 1, 2002 ADDED SITE pLAN AUGUST 5, 2002 REVISED WETLANDS LINS, SITE PLAN ~ ADDED TEST SOLE No 2 AUGUST 26, 2002, ADDED PROPOSED SEPTIC SYSTEM JANUARY 25, 20DS ADDED DRYWELLS & HAY SALES NOVEMBER 12, 200S REVISED PROPOSED HOUSE JUNE 8, 2007 REVISED TO SHOW PNOPOSED LOT UNE CHANGE AT BASIN SOAD& UPDATED SURVEY FOR LOCAT]ONS OF NEW STRUCTURES JULY 25, 200S ADDED PRESCRISTIVE EASEMENT OCTOBER 7, 2008 ADDED METES AND SOUNDS FOR PRESCRIPTIVE EASEMENT FEBRUARY 9, 2009 UPDATE SUSVEY APRIL 15, 2(309 ADDED PROP CONVEYANCE AREA FEBRUARY 5, 2010 LOCATED NEW DOCK Cz PLANTINGS Z SECTION A SO UTHOLD (TOWN HARBOR) Y NF NP LOT AREA INCLUDING THE BULKHEAD AREA AT THE NORTHWEST PORTION OF = 75 815 sq. ff. THE LOT PROJEDTING INTO SOUTHOLD BAY (TO BULKHEADS Cz TIE LINES) 1.~40 LOT AREA EXCLUDING THE BULKHEAD AREA AT TSE NORTHWEST PORTON OF ~ 72 875 sq. fi. THE LOT PROJECTIND INTO SOUTHOLD BAY (TO BULKHEADS Cz TIE LINES) .67S LOT AREA EXCLUDING THE BULKHEAD AREA AT THE NORTHWEST PORTION OF = 68,070 sq, ff. THE LOT PROJECTIND INTO SOUTHOLD SAY (TO BULKHEADS & TIE LINES) AND THE WETLAND PORTION OF THE LOT PROPOSED LOT COVERAGE: AREA OF PROPOSED HOUSE. DECKS ¢ POOL = 5,76S sq. fD TIDAL WETLAND ADJACENT AREA = 6B,070 sq. fK LOT COVERAGE OVER ADJACENT AREA = 8,47% CERTIFIED TO CHICAGO TITLE INSURANCE COMPANY MARY S. ZUPA APR 1 42010 BOARD OF APPEALS DETAIL OF OUTLINE OF PROPOSED CONVEYANCE TO PARADISE POINT ASSOCIATION AREA = 5,869 sq. fD PROPOSED CONVEYANCE TO PARADISE POINT ASSOCIATION DONE BY LOT LINE CHANGE TO BASIN ROAD AREA = 5,869 sq. fi. (SEE DETAIL) TENT HOLE No. 107' TEST HOLES DATA TEST HOLE No, 2 LEGEND PLANTING SCHEDULE NORWAY SPRUCE WHITE PINE LEYLAND SPRUCE RHODADENDRONS GROUND COVER NATIVE PLANTS (fn¢l, ROSA RUGOSA RUSSIAN OLIVE, BAYBERRY, GRASSES EXISTING PLANTINGS UNAUTHORIZED ALTERATION OR ADOmON TO TI-IlS SURVEY IS A VIOLATION Of SEC~ON 7209 OF THE NEW YORK STATE EDUCATION LAW. COPIES OF THIS SURVEY MAp NOT BEARING THE EXISTENCE OF RIGHTS OF WAY AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED, Nathan Taft Corwin III Land Surveyor PHONE (651)727-2090 Fax (631)727 1727 S 89'23'08" E z SECTION C SECTION A OUTHOLD HAY SURVEY OF PROPERTY SITUATED AT BAYVIEW TOWN OF $OUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-81-01-16,7 SCALE 1"=40' JANUARY 7, 2002 JANUARY 29, 2002 REVISED LOT AREA NOTATION FEBRUARY 14, 2002 REVISED DRIVEWAY LABELS MAY 15, 2002 LOCATED WETLANDS & ADDED TOPOGRAPHICAL SURVEY JUNE 1, 2002 ADDED SITE PLAN AUOUST 5, 2002 REVISED WETLANDS LINE, SITE pLAN & ADDED TEST HOLE No. 2 AUGUST 26, 2002 ADDED PROPOSED SEPTIC SYSTEM JANUARY 25, 2005 ADDED DRYWELLS & HAY BALES NOVEMBER 12, 2005 REVISED PROPOSED HOUSE JUNE 6, 2007 REVISED TO SHOW PROPOSED LOT LINE CHANGE AT BASIN ROAD & UPDATED SURVEY FOR LOCATIONS OF NEW STRUCTURES JULY 25, 2008 ADDED PRESCRIPTIVE EASEMENT OCTOBER 7, 2008 ADDED METES AND BOUNDS FOR PRESCRIPTIVE EASEMENT FEBRUARY R. 2009 UPDATE SURVEY APRIL 15, 2009 ADDED PROP, CONVEYANCE AREA FEBRUARY 5, 2010 LOCATED NEW DOCK & PLANTINBS MARCH 31, 2010 REVISES SEPTIC SYSTEM LOT AREA INCLUDING THE BULKHEAD AREA AT THE NORTHWEST POETIOH OF = 75 S15 sq. fi, THE LOT PROJECTING INTO $OUTHOLD RAY (TO BULKHEADS & TIE LINES) 1,~40 ac. LOT AREA EXCLUDING THE BULKHEAD AREA AT THE NORTHWEST PORTION OF = 72 875 sq. ff. THE LOT PROJECTING INTO SOBTHOLD RAY (TO RBLKREADS & TIE LINES) 1.~75 ac, LOT AREA EXCLUDING THE BULKHEAD AREA AT THE NORTHWEST PORTION OF = EB,070 sq. ff. THE LOT PROJECTING INTO SOUTHOLD BAY (TO BOLKHEADS & TIE LINES) AND THE WETLAND PORTION OF THE LOT PROPOSED LOT COVERAGE: AREA OF PROPOSED HOUSE DECKS & POOL = 5,765 aq, ft. TIDAL WETLAND ADJACENT ~REA = 68,070 sq. fl, LOT COVERAGE OVER ADJACENT AREA = 8.47% CERTIFIED TO' CHICAGO TITLE INSURANCE COMPANY MARY S. ZUPA RECEIVED APR BOARD OF APPEALS ._( 197.56' ZONE VE (EL. 2~) ZONE × TEST HOLE No, 1 (TEST HOLE DUG ON MAY I. 2002) TEST HOLES DATA TEST HOLE No. 2 LEGEND NS NORWAY SPRUCE J~p WHITE PINE AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED. pREPARED IN ACCORDANCE WITH THE MINIMUM STANDARDS FOR Tr~E SURVE~ AS ESTABLISHED Nathan Taft Corw n III Land Surveyor PHONE (651)727-2090 Fax (631)727-1727 SO UTHOLD SURVEY OF PROPERTY SITUATED AT BAYVIEW TOWN OF' $OUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-81-01-16.7 SCALE 1"=40' JANUARY 7. 2002 JANUARY 29, 2002 REVISEO LOT AREA NOTATION FEBRUARY 14, 2002 REVISED DRIVEWAY LABELS MAY 15, 2002 LOCATED W~TLANOS & ADDED TOPOGRAPHICAL SURVEY JUNE 1, 2002 ADDED SITE PLAN AUGUST 5, 2002 REVISED WETLANDS LINE, SITE PLAN & ADDED TEST HOLE No. 2 AUGUST 26, 2002 ADDED PROPOSED SEPTIC SYSTEM JANUARY 25, 2005 ADDED DRYWELLS & HAY BALES NOVEMBER 12. ~005 REVISED PROPOSED HOUSE JUNE D, 2007 REVISED TO SHOW PROPOSED LOT LINE CHANGE AT BASIN ROAD & UPDATED SURVEY FOR LOCATIONS OF NEW STRUCTURES JULY 28, 2008 ADDED PRESCRIPTIVE EASEMENT LOT AREA INCLUDING THE BULKHEAD AREA AT THE NORTHWEST PORTION OF = 75 687.36 sq. ff. THE LOT PROJECTING INTO SOUTHOLD GAY (TO BULKHEADS & TIE LINES) 1.358 ac. LOT AREA EXCLUDING THE BULKHEAD AREA AT THE NORTHWEST PORTION OF = 72 747.59 sq. ft. THE LOT PROJECTING INTO SOUTHOLD BAY (TO BULKHEADS & TIE MNE$) I.~7D ac. CHICAGO TITLE INSURANCE COMPANY MARY S. ZUPA BAY 197.36' N5 APR 1 4 Z010 BOARD OF APPEALS 0~ £ BOA T BASIN TEST HOLES DATA ~o.~ THE EXISTENCE OF RIGHTS OF WAY AND/OR EASEMENTS OF RECORD, ANY, NOT SHOWN ARE HOT OUARANTSED, N.Y.S. Uc. No. 50467 Nathan Taft Corwin III Land Surveyor PHONE (651)727-2090 Fox (651)727-1727