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Home My WebLink AboutTR-7400 James F. King, President Bob Ghosio, Jr., Vice-President Dave Bergen John Bredemeyer Michael J. Domino Town Hail Annex 54375 Main Road 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 22, 2012 Ms. Patdcia C. Moore, Esq. 51020 Main Road Southold, NY 11971 RE: HERNAN OTANO COTTAGE #5, SAGE BLVD., GREENPORT SCTM# 53-5-12.6 Dear Ms. Moore: The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wednesday, August 22, 2012: WHEREAS, Patricia C. Moore, Esq. on behalf of HERNAN OTANO applied to the Southold Town Trustees for an Amendment to Wetland Permit #7400 under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated August 1, 2012, 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, in accordance with Chapter 268, said application was found to be Exempt from the Local Waterfront Revitalization Program policy standards, and, WHEREAS, the structure complies with the standards set forth in Chapter 275 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BELT, RESOLVED, that the Southold Town Board of Trustees APPROVES a One-Year Extension to Wetland Permit #7400, as issued on September 22, 2010, and, BE IT FURTHER, RESOLVED, that the Southold Town Board of Trustees APPROVE the Amendment to Permit #7400 to demolish and reconstruct the existing seasonal cottage, and as depicted on the site plan prepared by Fairweather Design Associates last dated on September 22,2011, and stamp approved on August 22, 2012. This is not a determination from any other agency. Sincerely, Jam F. King, Presio'ent Board of Trustees JFK:amn Peter Young, Chairman Laurcn Standish, Secretary Town Hall, 53095 Main Rd. P.O. Box 1179 Southold, NY 11971 Telephone (631 ) 765-1892 Fax (63 I) 765-6641 Conservation Advisory Council Town of Southold At the meeting of the Southold Town Conservation Advisory Council held Wed., August 15, 2012 the following recommendation was made: HERNAN OTANO to Amend Wetland Permit #7400 to demolish and reconstruct the existing seasonal cottage. Located: Cottage #5 Sage Blvd., Greenport. SCTM#53-5-12.6 The CAC did not make an inspection, therefore no recommendation was made. James F. King, President Bob Ghosio. Jr., Vice-President Dave Bergen John Bredemeyer Michael J. Domino P.O. Box 1179 Southold, NY 11971 Telephone(631 765-1892 Fax (631)765-6641 Southold Town Board of Trustees Field Inspection/Worksession Report Date/Time: ~/~'/[~ HERNAN OTANO requests an Amendment to Wetland Permit #7400 to demolish and reconstruct the existing seasonal cottage, and a One-Year Extension to Wetland Permit #7400, as issued on September 22, 2010. Located: Cottage #5 Sage Blvd., Greenport. SCTM#53-5-12.6 Type of area to be impacted: __Saltwater Wetland __Freshwater Wetland Sound ,~" Bay Distance of proposed work to edge of wetland Part of Town Code proposed work falls under: __Chapt.275 __Chapt. 111 other Type of Application: )/,,.Wetland __Coastal Erosion __Amendment __Administrative__Emergency Pre-Submission Violation Info needed: Modifications: Conditions: Present Were: ~'~'J. King ~B. Ghosio _,~ D. Bergen, ~ J. Bredemeyer .~ Michael Domino D. Dzenkowski __ Form filled out in ~.~e field by Mailed/Faxed to: Date: other #4 AN( NDI ¢ WILLIAM .~AG~ E,OLILEV AIED PROPOSED (2)6'¢x2')REP PRECAST RING5 #5 HEENAK OTANO REPLACE EXISTING 5TEPD. STEP,5. / / BULKHEAD BASED ON DRAWING DY CONDON ENGINEERING, ?.C. ,_SITE PLAN I '= 20'-0" SEP 2 7 2011 Sou~hhold tow~ Board of Trustees #G RALPH C LYNN WEH~MANN EXISTING FOOTPEI NT TO REMAIN. APPROVED BY J BOARD OF TRUSTEES TO~'q~,l OF SOUTHOLD ?LOOE ?LAN OTANO 0~/22/201 I FAIle. WEATHEE DESIGN A~OCIATE,5 WITH IEOBEle,T I. ISI~OWN, AIECHITECT, ?.C. 205 BAY AVENUE GIEEEN?Ole,T, N.Y. t 1944 G3 I -477-9752 (Pax) 631 -477-0973 5/4"X4' AZEK. CORNER BOARD ~. Floor NEW 30YR. A~PHALT / FrBERGLA~S ROOF SHINGLE5 (TYPICAL). 5/4"X4" AZEK~ DOOR ¢ WINDOW~. TP-,M HARDI?LAN K, 51DING OVER $OIb. BUILDING FAF'ER. 5- I/2" E×?OSURE (TYPICAL) G~'ad¢ 4.2' BRICK PACED PERIM~FER PIER~ (TYP). 50. CEDAR LATTICE -STAIN ED ENTRY 51DE ELEVATION SCALE: I/4"= I '0" 5/4"xb" AZEK WATER TABLE WEST ELEVATION SCALE r I/4"= I '0" ~[OOC ~' 4.2' NEW' 30¥P-,, AS?MALT / FI~EP-,GLA55 R.OOF 5MINGLE5 (T'~ICAL). T BRICK, FACED FER. IM ETEIE - 50. CEDAI~ WATER 51DE LATTICE -STAINED ELEVATION SCALE: I/4"= I '0" EA,~T ELEVATION BOARD MEMBERS Leslie Ka'nes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 119714)959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork, net 7---:~'-~7~- 7 '~,i;'-~- 7_sONING BOARD OF APPEALS [~ I :~1~ (631) 765-18~. Fax (631) 765-90~ d~[ 2 7 ~0~ ; ~ ~ ~ET~G OF ~LY 19, 2012 S~thold Town Clerk NAME OF APPLICANT: Bree~ Shores Co~uni~, Inc. (Heman Omno, Co,age g5) PROPERTY LOCATION: 65490 Main Road (aka Sage Blvd.) Gr~npo~, ~ SCTM g 1000-53-5-12.6 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated November 17, 20 l I 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 DETERMINATION: 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 recommendation dated November 29, 2011. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION.. Subject parcel is located in the R-80 zone and contains 82.6 acres. It is improved with three dwellings, a brick building, two garages, 28 seasonal cottages and 20 sheds. The Breezy Shores community is a unique property deeply rooted in the history of the Town. The access to the property is via a private road (Sage Boulevard) and the property is adjacent on the south to Shelter Island Sound, as shown on the survey dated January 25, 2011. The multiple cottages on the property are a pre-existing non-conforming use that was established prior to zoning by the Sage family in the early 1900s. The cottages housed employees of the Sage family brick factory and have been rented as seasonal cottages. In 2000, a real estate cooperative, Breezy Shores Community Inc., was established by the community and shares were offered as an ownership interest in the cooperative. The cottage at issue in this application is known as Cottage no. 5 and is owned by Hernan Otano. BASIS OF APPLICATION: Request for Use Variance under section §280-13 (A) (1) which permits single family detached dwellings, not to exceed one dwelling per lot and from Article XXIII Town Code §280-123 and the Building Inspector's December 12, 2011 Notice of Disapproval, updated March 6, 2012 based on an application for building permit for demolition and construction of a cottage as; 1) a nonconforming building containing a nonconforming use shall not be enlarged, reconstructed, structurally altered or moved unless such building is changed to a conforming use RELIEF ~UESTED: The applicant requests a use variance to permit the demolition and reconstruction of an 807 sq. ft. seasonal cottage. The total 807 square feet includes the habitable space and non-habitable porch, but not Page 2 of 6-July 19,2012 ZBA File#6557 - Otano CTM: 1000-53-5-12.6 the stairs and landing. The need for a use variance is caused by the request to establish an additional use (non- conforming cottage) on a subject property that already has a principal use (dwelling). ADDITIONAL INFORMATION: The applicant originally applied to the ZBA solely for an area variance for the setback of the cottage to the bulkhead. The bulkhead variance is addressed in ZBA decision #6525. During the initial public hearing on this matter, when questioned on whether the demolition of the structure would cause the structure to lose its pre-existing nonconforming status, the applicant's response was that the structure was not being demolished and that, even it if were, that the structure could be permitted under §280-122. Atter receiving significant testimony from the applicant's representatives and the Town Building Department, the Board requested that the applicant submit an application for a use variance. As such, the Board will address below the issue of whether the structure was demolished; whether this structure constitutes a nonconforming building with a nonconforming use; whether §280-122 permits the demolition and reconstruction of a pre-existing nonconforming structure; and whether the applicant is entitled to a use variance. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held public hearings on this application on December 1,2011, January 5, 2012, March 1, 2012 and June 7, 2012, at which time written and oral evidence Were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: I. Demolition Based upon the Notice of Disapproval issued by the Building Department on December 8, 2011 and updated on March 6, 2012, the proposed action included the demolition and construction ora cottage. It is important to point out that the Notice of Disapproval was issued after a stop work order had been issued on the property and prior to the work being completed on the structure. The applicant presented the following testimony/evidence to illustrate that the proposed construction did not constitute a complete demolition of the structure: A floor plan with its original application dated 11/10/2011 indicating "rebuilt existing walls" and "new walls" A memorandum, received on December 28, 2011 that included a listing of items that remained in the structure and items that were re-built A letter from an Architect, Robert I. Brown dated December 13, 2011 stating that "less than 50% of the structure had been demolished" At the public hearing on March 1, 2012, the Board addressed each item presented by the applicant. The Board noted that the floor plan submitted dated 11/10/2011 indicated that every single external and internal wall of the structure was either being rebuilt or was new. (March 1, 2012 Transcript, pg. 6 lines 15-25). Additionally, the Board members and representatives from the Building Department noted that based upon the physical inspection and their experience, it appeared that the applicant took the sttucture apart piece by piece and reconstructed a major portion of the structure. Both the memorandum and letter from Mr. Brown attested to the work that had been performed up to and until December 10, 2011 when the stop work order was issued, but did not account for the additional work that would be required to complete the construction on the structure. Additionally, Mr. Brown's letter did not contain the mathematical support for the calculation, nor did he provide such calculations at or after the public hearing as requested. As such, the statements made therein are simply conclusory with no basis in fact before the Board. On the other hand, and based upon the physical inspection of the structure the Board notes the following items: 1. A new foundation was installed; 2. New plywood siding was installed; Page 3 of 6- July 19, 2012 ZBA File#6557 - Otano CTM: 1000-$3-5-12 6 3. Newjoists were installed; 4. New strapping was installed; 5. A new plate was installed; 6. New plumbing is required; 7. New electric is required; 8. Every window was replaced; 9. Entire porch was replaced; 10. Each wall was replaced; 11. The roof would be replaced; 12. One third of the floor system was replaced. As stated by the Chief Building Inspector at the March 1, 2012 hearing (transcript p. 24, line 25, p. 25 line 1) "Ii]f you have four walls and you take four walls down it's a demolition." It is obvious that this structure was taken apart and demolished, piece by piece, and replaced with an entirely new structure. As such, this Board finds that the amount of demolition and reconstruction that took place and will take place to complete this structure amounts to a full demolition and the loss of any pre-existing nonconforming status that this building maintained prior to the commencement of any construction. II. Nonconforming Status of the Structure and Interpretation of §280-127 A. Nonconforming Status of the Structure As set forth above, the December 12, 2011 Notice of Disapproval (updated March 6, 2012) identified this structure as a nonconforming building containing a nonconforming use. Pursuant to {}280-123 of the Town Zoning Code: A nonconforming building containing a nonconforming use shall not be enlarged, reconstructed or structurally altered or moved, except as set forth below, unless the use of such building is changed to a conforming use At the January 5, 2012 pubic hearing, when asked to explain the language of the Notice of Disapproval, the Building Department Permits Examiner, Patricia Conklin, testified: "I looked at the paperwork. Saw pictures from the Trustees and determined with the site review, determined that it was a nonconforming building. No. 1 because it is a seasonal cottage and its less than 850 square feet. Therefore it fits the category ora nonconforming building. The second part of that nonconforming use is, it's the second structure as a principal building which is on that property. (January 5, 2012 transcript, p 88 lines 11-20) We have a second structure after the principal one and have one lot. And then there are subsequent structures, they are not permitted as of right. So that is why it would be sent to you as a nonconforming use. And then in addition, this is a nonconforming building because it's less than 850 square feet, as defined in the Southold [Town Code]." (January 5, 2012 transcript, p. 89 lines 3-12) The applicant presented testimony and case law to this Board to support the argument that the cottage was a nonconforming building with a conforming use that should be considered under {}280-122. More specifically, the applicant cited Matter of Dawson v. Zoning Board of Appeals of the Town of Southold, 12 A.D.3d 444, 785 N.Y.S.2d 84 (2nd Dept. 2004) as legal precedent for the principle that the cottage was a residential use. In Matter of Dawson the Court considered whether a single accessory cottage to a single principle dwelling was a nonconforming building with a conforming use rather than a nonconforming building with a nonconforming use. The analysis was important in that instance to confirm whether the ZBA properly focused upon whether the use had been abandoned for two years under {}280-121 which governs nonconforming uses. The Court concluded Page 4 of 6- July 19, 2012 ZBA File#6557 - Otano CTM 1000-63-5-12.6 that the cottage was accessory to the principal dwelling and therefore a nonconforming building with a conforming use. As such, the abandonment provisions of the Town code were not applicable and area variances should have been granted. The facts at issue in this instance are clearly distinguishable from the circumstances present in Dawson. Here, the ZBA is not simply dealing with a single family dwelling and a single accessory cottage. While the Court considered the cottage an established accessory use to a principal dwelling, having 28 cottages as an accessory to a residential use is simply not supported by Dawson. Pursuant to §280-13(A)(1) each lot in the R-80 zone is allowed to have a one-family detached dwelling, not to exceed one dwelling per lot. The intent of the this section is clearly to limit the number of dwellings and residential uses on a single lot and to reinforce the subdivision regulations set forth in Chapter 240 of the Southold Town Code. This property contains three dwellings and 28 seasonal cottages on a single lot. This is further complicated by the fact that this "cottage" does not meet the definition of a dwelling under §280-4, that "cottages" are not addressed as a permissible use anywhere within the Town Code and the Town does not permit cottages as an accessory to a principle dwelling. As such, this cottage is treated as a nonconforming building with a nonconforming use that requires a use variance. B. Interpretation of §280-122 While it is noted that the ZBA does not have to proceed with this issue because it has determined that a use variance is required, the ZBA will issue a determination on whether §280-122 permits an applicant to demolish and reconstruct a structure, in place and in kind, without the need for further variances, as argued by the applicant. Section 280-122 (A) states: Nothing in this article shall be deemed to prevent the remodeling, reconstruction or enlargement of a nonconforming building containing a conforming use, provided that such action does not create any new nonconformance or increase the degree of nonconformance with regard to the regulations pertaining to such buildings. Throughout this proceeding, the applicant has argued that, pursuant to §280-122(A), he was permiued to demolish and reconstruct this structure in place and in kind, in its entirety, without the need for any additional variances. At the public hearing, the ZBA and Building Department provided the applicant with a copy of a memorandum of the ZBA to the Building Department from 2002. (March 1, 2012 Transcript, pp 16-21). This memorandum set forth types of "reconstruction" that would not trigger the need for additional variances. Such activities include, but are not limited to: replacement of windows, raising ceiling height without increasing the degree of nonconformity; repair or replacement, in place and in kind, of siding or roofing; or replacement or repair of existing decks, porches or roofs as long as there are no new extension or extensive modifications which increase the degree of nonconformity. From the listing in this memo, it is clear that the ZBA has interpreted §280-122 to allow a property owner to make minor repairs and for minor reconstruction. As such, the term "reconstruction" as used in §280-122(A) does not permit the demolition of an entire structure and replacement in kind without obtaining all required variances. II. Use Variance Application: 1. Town Law §267-b(2)(b)(1). The applicant cannot realize a reasonable return for each and every permitted use under the zoning regulations for the particular district where the property is located, demonstrated by competent financial evidence. The applicant provided ample evidence that it is not able to realize a reasonable return from the property without the ability to reconstruct the cottage. The applicant's form of ownership interest in the property is a severely limiting factor. The Applicant retains a share in a cooperative that is governed through a proprietary lease, which permits residential uses only on the property. Any other use permitted under the Town Code is virtually impossible on this property given the cooperative ownership. If not permitted to reconstruct the structure in place and in kind, the applicant's ownership interest has no value and is rendered useless. The applicant Page 5 of 6- July 19, 2012 ZBA File#6557 - Otano CTM: 1000.53-5-126 submitted an affidavit regarding the value of the shares in the cooperative, as well as information about comparable sales in the area of the property, as well as information regarding the maintenance and canying charges on the property. In light of these circumstances, the Board finds that the applicant cannot realize a reasonable return on his property interest. 2. Town Law §267-b(2)(b)(2). The hardship is unique to the property and it does not apply to a substantial portion of the district or neighborhood. As set forth above, this property is unique given its historic context and the pre- exiting nonconforming nature of the entire community. It is one of a limited number of properties in Southold Town that retain multiple seasonal cottage uses and the only property of this size. The grant ora use variance here will not create a precedent that would apply to other lots in the community and the decision will apply only to this property. 3. Town Law §267-b(2)(b)(3). The requested use variance, if granted, will not alter the essential character of the neighborhood. With respect to preserving the character of the neighborhood, it is noted that this parcel is a separate enclave that is sectioned off from the surrounding community. It is an 82 acre parcel, with access via a gated private road. Only those persons who live within Breezy Shores have access thereto. The community is seasonal and the residents utilize the structures primarily from April through October. The seasonal structures are strategically located to take advantage of the water views. Additionally, the location of the reconstructed structure is appropriate within the context of this neighborhood, as the adjacent structures are similarly situated, the location of the structure is where it was originally and the size of the structure will remain unchanged. 4. Town Law §267-b(2)(b)(4) The alleged hardship has not been self-created. The applicant purchased his interest in the Breezy Shores community and the subject seasonal cottage in 2002. This structure had been in existence for many years and the Breezy Shores community required that the applicant make certain repairs to update the structure, which started with replacing the foundation. Upon raising the house, the applicant discovered that the condition of the structure was significantly worse than expected and that major reconstruction was necessary to make it safe and habitable. 5. Town Law §267-b. Grant of this use variance is the minimum action necessary and adequate to address the unnecessary hardship proven by the applicant, and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Weisman (Chairperson), seconded by Member Goehringer, and duly carried, to GRANT, the use variance as applied for, subject to the following conditions: CONDITIONS: 1. The structure shall be used only as an unheated seasonal cottage. 2. No future alterations/renovation or additions on the subject cottage may take place without review by the ZBA, other than necessary minor repairs, as determined by the Building Department. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. 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(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, 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. Page 6 of 6- July 19, 2012 ZBA File#6557 - Otano CTM: 100~-53-5-12 6 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: ~lyes: Members Weisman (Chairperson), Goehringer. Schneider, Horning. Nay: Member Dinizio. This Resolution was duly adopted (4-1.). Leslie Kanes Weisman~ Chairperson Approved for filing r//~, ~/2012 B~ARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. 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 SOUTItOLD ~ ',~ 7 -i ~ , Tel. (63!) 765-1809 · Fax (631) 765-9064 dtJ [ ~ ~Ip~NGS, I~ELmERATIONS AND DETERMINATIO ~ t .' MEETING OF JULY 19, 2012 Sod~old 'fown~..lerk ZBA FILE: 65~5~---.~- NAME OF AP. pLJC?A_~_B_r~ _S_~or_es Community, Inc. (Heman Otano, Cottage #5) PROPERTY LOCATION: 65490 Main ROad (aka Sage Blvd.) Greenport, NY SCTM#1000-53-5-12.6 RECEIVED SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated November 17, 2011 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 DETERMINATION: 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 a recommendation dated November 29, 2011. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our determination that the proposed action is CONSISTENT with LWRP policy standards. PROPERTY FACTS/DESCRIPTION: Subject parcel is located in the R-80 zone and contains 82.6 acres. It is improved with three dwellings, a brick building, two garages, 28 seasonal cottages and 20 sheds. The Breezy Shores community is a unique property deeply rooted in the history of the Town. The access to the property is via a private road (Sage Boulevard) and the property is adjacent on the south to Shelter Island Sound, as shown on the survey dated January 25, 2011. The multiple cottages on the property are a pre-existing non-conforming use that was established prior to zoning by the Sage family in the early 1900s. The cottages housed employees of the Sage family brick factory and have been rented as seasonal cottages. In 2000, a real estate cooperative, Breezy Shores Community Inc., was established by the community and shares were offered as an ownership interest in the cooperative. The cottage at issue in this application is known as Cottage no. 5 and is owned by Heman Otano. BASIS OF APPLICATION: Request for Variances from Article XXIII Code Section 280-123, Article XXII Section 280-116 and the Building Inspector's October 14, 2011, amended October 18, 2011, amended to clarify description of structure dated December 8, 2011, Notice of Disapproval based on an application for building permit for demolition and construction of a cottage at; 1) a nonconforming building containing a nonconforming use shall not be enlarged, reconstructed, structurally altered or moved, unless such building is changed to a conforming use, existing cottage is a nonconforming building with a nonconforming use 2) less than the code required bulkhead setback of 75 feet. Page 2 of 3- July 19, 2012 ZBA File#6525 - Otano CTM: 1000-53-5-12.6 RELIEF REQUESTED: The applicant requests variances to reconstruct a cottage that was demolished and "as built" construction with a nonconforming use where the code permits no enlargement, reconstruction or alterations unless the building is changed to a conforming use, and a bulkhead setback of 50 feet where the code requires 75 feet. AMENDED APPLICATION: During the hearing, the applicant was asked to separate the two variance requests: 1) the nonconformity to be considered under the use variance standards; and 2) the bulkhead setback under the area variance standards. The use variance application was reviewed under Zoning Board file #6557. ADDITIONAL INFORMATION: The applicant was given a building permit to lift the cottage off the foundation and replace the foundation to conform with FEMA requirements. The applicant demolished the cottage without benefit of a building permit. The cottage is part of an incorporated community. In 1985, a prior owner applied to the Zoning Board of Appeals under file #3320 for permission for a 19 lot subdivision of this property; the request was denied. In 1994, the original owner applied to this Board for permission to continue a discontinued use of renting the cottages, the application was deemed inactive and closed since the applicant never provided the additional requested documents. It is also noted that this property does not have 280A approval. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on December 1,2011, January 5, 2012, March 1, 2012 and June 7, 2012 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law §267-b(3)(b)(l). Grant of the variance will not produce an undesirable change in the character of the neighborhood nor a detriment to nearby properties. This unique property represents its own neighborhood of 82.6 acres with substantial wetlands and is far removed from adjacent properties. Thus, no adjacent property owner will be adversely impacted by the proposal. These 28 seasonal cottages on the subject property have been in existence since the early 1900% when they were built for occupancy by workers in the Sage brick factory. In the 1940's, when operation of the brick factory slowed, cottages were rented to summer guests. Each of the adjacent waterfront units are similarly located from the bulkhead and are of similar size. 2. Town Law §267-b(3}(b)(2}. The benefit sought by the applicant can be achieved by some method feasible for the applicant to pursue, other than an area variance. While this Board recognizes the existing proprietary lease on the property that limits the applicant with respect to where he can build a replacement cottage structure, given the ample size of the property, it is feasible for the applicant to construct this structure in a conforming location. It is noted that the proprietary lease is a document that can be changed based upon the needs of the community and its owners. Additionally, the proprietary lease cannot take precedent over the Town Zoning Code. 3. Town Law §267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing 33% relief from the code. However, in the context of the entire community the variance is not substantial. The non- conforming cottage units have existed in the current location since the 1940's, with each cottage unit in a similar location. The location and size of the proposed structure shall remain the same. 4. Town Law §267-b(3)(b)(4) A variance in this residential community will not have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant has stated that it is not feasible to relocate the cottage due to the extent of the flood zone this parcel is located in. Additionally, the changes made to the foundation have made the structure compliant with FEMA. Finally, the applicant shall be required to conform to the requirements of Chapter 236 of the code regarding storm water runoff. 5. Town Law §267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the Page 3 of 3 -July 19, 2012 ZBA Fi[¢#6525 - Otano CTM: 1000-53-5-12.6 limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. Additionally, the applicant proceeded with a demolition/construction of this structure without the benefit of a building permit. 6. Town Law §267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a new seasonal cottage unit while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Weisman (Chairperson), seconded by Member Goehringer, and duly carried, to GRANT the variance as applied for, and shown on the architectural drawings labeled site plan, floor plan, and east, west, waterside and entry side elevations, prepared by Fairweather Design Associates dated 11/10/2011 and stamped received by the Board of Appeals on November 10, 2011. CONDITIONS: 1. The structure shall be used only as an unheated seasonal cottage 2. No future alterations/renovation or additions on the subject cottage may take place without review by th:e ZBA, other than necessary minor repairs, as determined by the Building Department. That the above conditions be written into the Building, Inspector's Certificate of Occupancy, when issued. 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(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, 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: .~yes: Members Wetsman (Chairperson), Goehringer, Schneider, Homing. Nay' M~r Dinizio. This Resolution was duly adopted (4-1). Leslie Kanes Weisman, Chairperson Approved for filing r/ /,25 /2012 Town of Southold ~A- 2 2 (~ 8 Suffolk County, NY --i~AST N/~,IE (OEFENOA'%~ T~O People of the Stale of New York vs. ~/~ ~ /I~--~ .~ ' EN~O ~NT AGENCY COPY Peter Young, Chairman Lauren Standish, Secretary Town Hall, 53095 Main Rd. P.O. Box 1179 Southold, NY 11971 Telephone (631) 765-1892 Fax (631 ) 765-6641 Conservation Advisory Council Town of Southold At the meeting of the Southold Town Conservation Advisory Council held Wed., October 12, 2011, the following recommendation was made: HERNAN OTANO to Amend Wetland Permit #7400 to replace the existing exterior walls and framing with no expansion to footprint construction of front and rear entry steps. Located: Unit 5 Sage Blvd., Southold. SCTM#53-5-12.6 The CAC did not make an inspection, therefore no recommendation was made. Jill M. Dohe~xy, President Bob Ghosio. Jr.. Vice-President James F Krug Dave Bergen John Bredemeyer P.O Box 1179 Southold. NY 11971 Telephone (631 765-1892 Fax (631 ) 765-664 ~ Southold Town Board of Trustees Field Inspection/Worksession Report Date/Time: HERNAN OTANO requests an Amendment to Wetland Permit #7400 to replace the existing exterior walls and framing with no expansion to footprint construction of front and rear entry steps. Located: Unit 5 Sage Blvd., Southold. SCTM#53-5-12.6 Type/df area to be impacted: "~,~,Saltwater Wetland Freshwater Wetland Sound Bay Distance of proposed work to edge of wetland Part,ptTown Code proposed work falls under: ~¢Shapt.275 Chapt. 111 other / Type of Application: kx/vVetland __Coastal Erosion __Amendment ._Administrative__Emergency Pre-Submission Violation Infoneeded: ,I ~t~~ ~('~ &J~C_.L~ C~/ Modifications: ~ ~:~, ~ ~[~ fit~_ - Conditions: Present Were: L,,~Doherty f-'~'B./Ghosio __ J. Bredemeyer V/ D. Dzenkowski __ Form filled out in the field by ~'J ./King t~D. Bergen, other Mailed/Faxed to: Date: e 81vd. Southo~d OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD To: From: MEMORANDUM Jim King, President Town of Southold Board of Trustees Mark Terry, Principal Planner LWRP Coordinator AUG 1 3 2012 S0uthh0]d Town Board of Trustees Date: August 13, 2012 Re: Proposed Wetland Permit for HERNAN OTANO SCTM# 1000-53-5-12.6 Patricia C. Moore, Esq. on behalf of HERNAN OTANO requests an Amendment to Wetland Permit #7400 to demolish and reconstruct the existing seasonal cottage, and a One Year Extension to Wetland Permit #7400, as issued on September 22, 2010. Located: Cottage #5, Sage Boulevard, Greenport. SCTM# 53-5-12.6 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 EXEMPT from LWRP review pursuant to: § 268-3. Definitions. MINOR ACTIONS item "B" which states: Replacement, rehabilitation or reconstruction of a structure or facility, in kind, on the sam~. site (inplace), including upqradin.q buildinqs to meet buildinq or fire codes, except for structures in areas desiqnated by the Coastal Erosion Hazard Area (CEHA) law where structures may not be replaced, rehabilitated or reconstructed without a permit and shoreline erosion control structures (including, but not limited to, groins, ietties, bulkheads, filled piers) located within Great Peconic Bay, Cutchoque Harbor, Little Peconic Bay, Hoq Neck Bay, Noyack Bay, Southold Bay, Shelter Island Sound, Pipes Cove, Orient Harbor, Gardinem Bay, Long Island Sound, Fishers Island Sound and Block Island Sound (excluding all creeks); The structure is not located within the Coastal Erosion Hazard Area. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Lori Hulse, Assistant Town Attorney PATRICIA C. MOORE Attorney at Law 51020 Main Road Southord, New York 11971 Tel: (631) 765-4330 Fax:: (631) 765~.643 July 30, 2012 Board of Trustees Town of Southold P.O. Box 1179 Southold, NY 11971 Re: Hernan Otano Premises: Cottage #5, Breezy Shores Co~ununity, SCTM: 1000-53-5-12.6 Dear President King and members: With reference to the above, check in the amount of $50.00 to #7400. enclosed please my client's extend for one year permit The Zoning Board has granted the required area variance for the setback to the bulkhead and the use variance for the cottage. The owner previously filed, on September 27, 2011, the amendment to permit #7400 for the demolition and reconstruction of "in kind in place" for existing seasonal cottage pursuant to ZBA decisions #6557 and #6525 meeting date of 7/19/12. I am enclosing permit amendment form together with revised LWRP. Please reopen this application for your next Trustees meeting. Thank you. PCM/bp encls Very t[.uly yours, re James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen John Holzapfcl 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 APPLICATION FOR AN AMENDMENT TO A WETLAND PERMIT DATE PHONE TAX MAP NO. /"O 0 e9 -- fi-,.:3 - ~'-- /~o ~ request, al~ ~endment to Permit ~~ James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen John Holzapfel x~ Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD APPLICATION FOR AN AMENDMENT TO A WETLAND PERMIT ADDRESS AGENT ADDRESS PROPERTY LOCATION f TAX MAP NO. ff~' ~".' l'~ · $ Signed By: ~ ~ Cantrell, Elizabeth From: Sent: To: Subject: Attachments: boardemail@breezyshores.com on behalf of Breezy Board <board@breezyshores.com> Friday, October 3.4, 2011 6:04 PM otano@mac.com; Board; Cantrell, Elizabeth Breezy Shores Board Letter of Work Approval for Hernan Otano Otano Trustees Letter.pdf Hello, Please find a Letter of Work Approval for Hernan Otano in the enclosed .PDF. Please feel free to contact us at board(~)breezyshores.com if you have any further questions. Best Regards, Board at Breezy Shores 2011-2012 October 14, 2011 To Whom It May Concern, The Community Board representing Breezy Shores Community LLC recognizes the proposed work being done to Mr. Hernan Otano's cottage at 5 Sage Blvd., Greenport, NY 11944. We as a community have been informed of the Trustees meeting at 6pm this coming Octoberl9th. We approve and support Mr. Otano's renovation including the replacing of existing exterior walls and framing as well as construction of stairs on both landward and waterside entries. All this work is to be done within the existing footprint and in keeping within the architectural character of the surrounding cottages. We see this as an improvement to the quality of the community. We expect him to have the work done by licensed and insured contractors as well as to apply for all the required permits for the proposed work. Thank you, Board at Breezy Shores 2011-2012 Jill M. Doherty, President Bob Ghosio, Jr., Vice-President James F. King Dave Bergen Johll Bredemeyer Town Hall, 53095 Main Rd. P.O. Box I 179 Southold, NY 11971 Telephone (63 l) 765-1892 Fax (631 ) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD In the Matter of the Application of HERNAN OTANO COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING I, /d'/t~/'-~ ~O , residing at/dba ~'~._~_'~.~..,.'"'~?.~. ..... '..k'j'.~' ~'-/t~ ~/~(.5"/-~ /'/9 lOVe 7 being duly s~C'6m, depose 'a'fid say: That on the I.~ day of ~_.)o-'l'- /~ ,201 , I personally posted the property known as by placing the Board of Trustees'-6-fficial poster where it can easily be seen, and that I have checked to be sure the poster has remained in place fbr eight days prior to the date of the public hearing. Date of bearing noted thereon to be held Wed, October 19~ 2011 on or about 6:00 PM. Dated: (signature) ~worn to befbre tne this /fi. day of ~- 201( N&ta~&u~blic i~, LAUREN M STANDISH otary Public, ~te of New York No. 01ST6164008 ,, O~al{fied_in Suffolk Courtly ~* ~,omm~sslon txDims Apdl 9, 20J~. APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics nrohibits conflicts of intersst on the vart of town officers and emalovees. The nuranse of this form is to nrovide information which can alert the town of nossible conflicts of interest and allow it to take whatever action necessary to avoid same. YOURNA.E: o (Last name, first name, ~aiddle initial, unless you are applying in the name of son.one else or other entity, such as a company. If so, indicate the other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Variance Trustee Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (If "Otber", name the activity.) Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest'~ means a business, . including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns moro than 5% of the shares. YES NO If you answerod "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title Or position of that person Describe the rolationship between yourself (the applicant/agent/roprosentative) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, paront, or child is (check alt that apply): __A) the owner of groater than 5% of the shares of the corporate stock of the applic~mt (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); __C) an officer, director, part,er, or employee of the applicant; or D) the actual applicant.. DESCRIPTION OF RELATIONSHIP Form TS 1 Submitted this '~' day of~205 ~ Signature - - ~ -- Print Name Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated, as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). 3~ If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the comistency review law. Thus, each answer must be explained in detail, listin~ both suooortin~ and non- suooorfine facts. If an acti6n 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 _ -- tz. '1 The Application has been submitted to (check appropriate response): Tow. Board Board ?3 Bu, ingDept. oar, o, Tr.stc 1. Category of Town of Southold agency action (check appropriate response): (a) Action undemken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: Locafionofacfion: ~,~! 4 ~m~ ~ Site acreage:__~ I ~ Present zo~g cl~sificafion: If ~ application for ~e proposed action ~ been filed ~ ~e To~ of Sou~old agency, ~e follo~g ~o~afion s~l ~ pro~ded: (a) N~eofapplic~t:~~ ~O (c) Telephone number: Area Code ( (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ~ No [~ If yes, which state or federal agency? C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure~ makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. ~Yes ~ No [] Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria --I~ Yes [] No R Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria ~ Yes N No ~ Not Applicable Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section Ill - Policies Pages 8 through 16 for evaluation crit~a~ ~ Yes No Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section HI - Policies Pages 16 through 21 for evaluation criteria ~ Yes ~ No [] Not Applicable · Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section HI - Policies; Pages 22 through 32 for evaluation criteria. Yes No Not App~ble Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. ~Yes ~ No ~ Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. [] Yes [~ No ~ Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section IH - Policies; Pages 38 through 46 for evaluation criteria. [] Yes~ No [] Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES0 Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III .- Policies; Pages 47 through 56 for evaluation criteria. [] Yes [] No F-~ Not Applicable Attach additional sheets if necessary Policy 11. Promote sustainable use ef 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 Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. [] Yes [] No ~Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section HI - Policies; Pages 65 through 68 for evaluation criteria. ~ Yes ~ No ~Not Applicable PREPARED BY~~~~I~__ TITLE Of.~ ~.-- DATE ~ ~___~ Heman Otano 516 E. ]1th Street, #5A New York NY 10009 October 18, 2011 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Dear Ms. Moore: I hereby authorize you to represent me in Southold Town Justice Court and to make any and all applications/inquiries to the Town of Southold Board of Trustees, Zoning Board of Appeals and any other necessary agencies on my behalf regarding property located at Sage Boulevard, Breezy Shores #5, Greenport, New York (sctm: I000-53-5-12.6) Very truly yours, Heman Otano Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterl~ont Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes", 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 necessary, 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 SCm# ¢ - The Application has been submitted to (check appropriate response): Town Board [] Planning Dept. [] Building Dept. [~ Board of Trustees [] Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital [] construction, planning activity, agency regulation, land transaction) [] (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and e~rajent of action: D~e~ fvxr>~'mO c.x.~ Location of action: -L-L~ Site acreage: Present land use: Present zoning classification: If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: (b) Mailing address: (c) Telephone number: Area Code (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [] No~ lfyes, which state or federal agency~ DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, · preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. []Yes [~ No ~ (Not Applicable- p. lease explain) Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria [~ Yes [] No [] (Not Applicable- please explain) Attach additional sheets if necessary Policy 3. LWRP Section III - Policies Pages 6 through 7 for evaluation criteria [] Yes [] No'(Not Applicable- please explain) Enhance visual quality and protect scenic resources throughout the Town of Southold. See Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria [~ Yes ~ No [] (Not Applicable - please explain) Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria [~ Yes [~ No [] (Not Applicable- please explain) Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. [] Yes [] No [~, (Not Applicable - please explain) Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. See Section III - Policies Pages; 34 through 38 for evaluation criteria. {~ Yes [-~ No,~ (Not Applicable - please explain) Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. Yes [] No'[~(Not applicable - please explain) PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. Yes[~ NO~ (Not-- Applicable - please explain) Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LV~RP Section III - Policies; Pages 47 through $6 for evaluation criteria. [] Yes [] No ~(Not Applicable - please explain) Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town wat~ See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. [] Yes [~ No~t3~ Not Applicable - please explain Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evalu~on criteria. [~ Yes L~ No ~ Not Applicable - please explain Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. [~ Yes [] No ~ Not Applicable - please explain Jill M. Dohe~y, President James F. King, Vice-Pr~sident Dave Bergen Bob Ghosio, Jr. Joha Bredemcyer Town Hall, 53095 Main Rd. P.O. Box 1179 Southold, NY 11971 Telephone (631) 765-1892 Fax (631) 7654641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES 72 HOURS PRIOR TO COMMENCEMENT OF THE WORK, TO MAKE AN APPOINTMENT FOR A PRE-CONSTRUCTION INSPECTION. FAILURE TO DO SO SHALL BE CONSIDERED A VIOLATION AND POSSIBLE REVOCATION OF THE PERMIT. INSPECTION SCHEDULE JPre-construction, hay bale line Ist day of construction ½ constructed Project complete, compliance inspection. BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 7400 DATE: SEPTEMBER 22 2010 ISSUED TO: HERNAN MICHAEL OTANO , PROPERTY ADDRESS: UNIT 5~ SAGE BouLEvARD~ SOUTHOLD SCTMg 53-5-i2.3 & 12.4 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 Seotember 22. 2010. and in consideration of application fee in the sum of $250.00 paid by Hernan Michael Drano and subject to the Tee'ms and Conditions as stated in the Resolution, the Southold Town Board of Trustees authorizes and permits the following: Wetland Permit to rePlace the existing deteriorated and collapsing foundation of the existing cottage and install a drywell for roof run-off; construct a non-habitable attic space, replace the existing waterside porch; construct a landward entry addition, an outdoor shower on the south side; and replace the windows, siding and roof framing; with the condition of a line of staked hay bales with silt fencing is installed prior to construction; and as depicted on the site plan prepared by Fairweather Design Associates, Inc,, last dated JUly 22, 2010, and stamped approved on September 22, 2010; and also as depicted on the site Plan prepared by Fairweather Design Associates, 1nc., last dated August 16, 2010 and stamped approved on September 22, 2010. IN WITNESS WHEREOF, the said Board of Trustees herelJy causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board ns of this date. TERMS AND CONDITIONS The Permittee Hernan Michael Otano, residim, at Unit 5, Sage Blvd., Southold, New York as part of the consideration for the issuance of the Permit does understand and prescribe to the following: That the said Board of Trustees and the Town of Southold are released fi.om 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 Permittec 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 Pemaittee 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 flee navigation, the said Permittee will be required, upon due notice, to remove or alter this work project herein stated without expenses to the Town of Southold. That the said Board will be notified by the Permittee of the completion of the work authorized. That the Permittee will obtain all other permits and consents that may be required supplemental to this permit, which may be subject to revoke upon failure to obtain same. Jill M. Doherty, President James F. King, Vice-President Dave Bergen Bob Ghosio, Jr. John Brederneyer Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 September 22, 2010 BOARD OFTOWNTRUSTEES TOWN OFSOUTHOLD Ms. Amy Martin Fairweather Design Associates, Inc. 205 Bay Avenue Greenpod, NY 11944 RE: HERNAN MICHAEL OTANO UNIT 5, SAGE BOULEVARD, SOUTHOLD SCTM# 53-5-12.3 & 12.4 Dear Ms. Martin: The Board of Town Trustees took the following action dudng its regular meeting held on Wednesday, September 22, 2010 regarding the above matter: WHEREAS, Fairweather Design Associates, Inc. on behalf of HERNAN MICHAEL OTANO applied to the Southold Town Trustees for a permit under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated August 27, 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, in accordance with Chapter 268, said application was found to be Exempt from the Local Waterfront Revitalization Program policy standards, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on September 22, 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 complies with the standards set forth in Chapter 275 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that the Board of Trustees approve the application of HERNAN MICHAEL OTANO to replace the existing deteriorated and collapsing foundation of the existing cottage and install a drywell for roof run-off; construct a non-habitable attic space, replace the existing waterside porch; construct a landward entry addition, an outdoor shower on the south side; and replace the windows, siding and roof framing; with the condition of a line of staked hay bales with silt fencing is installed prior to construction; and as depicted on the site plan prepared by Fairweather Design Associates, Inc., last dated July 22, 2010, and stamped approved on September 22, 2010; and also as depicted on the site plan prepared by Fairweather Design Associates, Inc., last dated August 16, 2010 and stamped approved on September 22, 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.O0 Very truly yours, Jill .~Doherty ~ President, Board of Trustees JMD/eac Jill M. Doherty, President James F. King, Vice-President Dave Bergen Bob Ghosio, Jr. John Bred*meyer Town Hall, 53095 Main Rd. P.O. Box I 179 Southold, NY 11971 Telephone (631 ) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: /~-~nO,~ /~;C~:;~l O~_JJ~ Please be advised that your application dated /~au,5-)Lc~2,. ~:~O/O has been reviewed by this Board at the regular meeting ~[a:J~e,*,/ae.~,~&, o~O)¢~and your application has been approved pending the completion of the following items checked off below. Revised Plans for proposed project ~//Pre-Construction Hay Bale Line Inspection Fee ($50.00) __ 1st Day of Construction ($50.00) __ ½ Constructed ($50.00) J Final Inspection Fee ($50.00) __ Dock Fees ($3.00 per sq. ft.) Permit fees are now due. Please make check or money order payable to Town of Southold. The fee is computed below according to the schedule of rates as set forth in Chapter 275 of the Southold Town Code. The following fee must be paid within 90 days or re-application fees will be necessary. You will receive your permit upon completion of the above. COMPUTATION OF PERMIT FEES: tOtaL fEES DUE: $. /OO~-''%° BY: Jill M. Doherty, President Board of Trustees Ne~v York State Department of Environmental Conservation D~vi~ion of Environmental Permits, Region One SUNY@Stony Brook; 50 Circle Road; Stony Brook NY 11790-3409 Phone: (631)444-0365 ,~ FAX: (631)444-0360 Website: www.dec.state.ny.us TIDAL WETLANDS PER.MIT MODIFICATION September 14, 2010 Mr. Hernan Michael Otano 516 East 11th Street, Apt. 5A New York NY 10009 NYSDEC # 1-4738-03967/0000! Otano Cottage Unit #5 Breezy Shores Sage Road Greenport Permit Expiration: 7/1/2015 Dear Permittee: Your recent request to modify the above pern~it has been reviewed pursuant to 6 NYCRR Part 621 (Uniform Procedures Regulations). It has been determined that the proposed modifications will not substantially change the scope of the permitted actions or the existing permit conditions. Therefore, the permit is modified to authorize: Construction of a one story addition, 'stoop, and stairs on the north side of the existing cottage; new roof line, attic space, shingles, and windows; outdoor shower; reconstruction of the seaward enclosed porch within the existing footprint; construct stairs from the enclosed porch to grade. All work regarding this modification shall be performed in accordance with the plans prepared by Robert I. Brown on 9/2/10, and stamped NYSDEC approved on 9/14/10. This letter is a modification to the original permit, and as such, shall be available at the job site whenever authorized work is in progress. All other terms and conditions remain as written in the original~y(r~mit and previous modifications. ' ~'"i Sin~rbly, · Johfi ~: Wielan-d'----.~ Deputy Permit Administrator / cc: Fairweather Design Associates BOH - TW file ANGELA CAR,~NDI ¢ WILLI~GGI~ 5AGE DouLEV AI~-D PRO?05 (2)8'¢x2')EEl=' PRECABT ~RAINAGE RING5 HEP. NAN OTANO #G P. ALPH ¢ LYNN WEHRMANN 5ULI~HEAD BASED ON DP, AWING DY CONDON ENGINEERING, ?.C. ,_SITE PLAN 1"=20'-0" 09/02/2010 ELEVATIONS: 1/8"= I'-0" ENTRY 51DE ELEVATION FAIRWEATHER DESIGN A550CIATE5 AND ROBERT I. BROWN, ARCHITECT, P.C. 20..5 BAY AVENUE GREENPORT, N.Y. I 1944 G31-477-9752 (Fax) G31-477-0973 OWN EP-,./APPLI CANT: HERNAN OTANO PROJECT ADDRE55: UNIT 5 BREEZY SHORE5 5AGE ROAD GREENPORT, N.Y. ~,~m~u~' uo. i'q7'3~'°3%~/ NEW ADDITION, I~TING TO BE P~ENOVATED WEST ELEVATION ' .,(:.' x, Peter Young, Chairman Lauren Standish, Secretary Town Hall, 53095 Main Rd. P.O. Box I 179 Southold, NY 11971 Telephone (63 l) 765-1892 Fax (631) 765-6641 Conservation Advisory Council Town of Southold At the meeting of the Southold Town Conservation Advisory Council held Wed., September 15, 2010, the following recommendation was made: HERNAN MICHAEL OTANO to replace the existing deteriorated and collapsing foundation of the existing cottage and install a drywell for roof run-off; construct a non- habitable attic space, replace the existing waterside porch; construct a landward entry addition, an outdoor shower on the south side; and replace the windows, siding and roof framing. Located: Unit 5, Sage Blvd., Southold. SCTM#53-5-12.3&12.4 The CAC did not make an inspection, therefore no recommendation was made. Jill M Doherty~ President James F. King, Vice-President Dave Bergen Bob Ghosio, Jr. John Bredemeyer PO. Box 1179 Southold, NY 11971 Telephone (631 ) 765-1892 Fax (631 ) 765-6641 Southold Town Board of Trustees Field Inspection/Worksession Report Date/Time: ?"/¢'~/J J o (-/~ HERNAN MICHAEL OTANO requests a Wetland Permit to replace the existing deteriorated and collapsing foundation of the existing cottage and install a drywell for roof run-off; construct a non-habitable attic space, replace the existing waterside porch; construct a landward entry addition, an outdoor shower on the south side; and replace the windows, siding and roof framing. Located: Unit 5, Sage Blvd., Southold. SCTM#53-5-12.3&12.4 Type of area to be impacted: ~ltwater Wetland Freshwater Wetland Sound Bay Distance of proposed work to edge of wetland Part of Town Code proposed work falls under: ~hapt.275 Chapt. 111 other Type of Application: ~'~'~Wetland __Coastal Erosion ~Amendment ~Ad ministrative__Emergency Pre-Submission __Violation Info needed: Modifications: Present Were:---~.King /J.Doherty D. Bredemeyer ~/~D. Bergen__// B.Ghosio, __ D. Dzenkowski other Form filled out in the field by Mailed/Faxed to: Date: FAIRWEATHER DESIGN ASSOCIATES, INC. & ROBERT I BROWN~ ARCHITECT P.C. 205 Bay Avenue Greenport, N.Y. 11944 631-477-9752 (fax) 631-477-0973 Email: FBDAInc~optonline. net -~'Transmittal To: ~ x~J~// Re: (~-.vL.0 Please call (631) 477-9752 if you do not have all pages, or have any problems with clarity. Total pages sent, including cover: ~7~ Remarks CONFIDENTIALITY NOTICE: The documents accompanying this Telecopy transmission contain confidential information belonging to the sender who is legally privileged. The information is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on this telecopied information is strictly prohibited. If you have received this telecopy in error, please immediately notify us by telephone to arrange for the return of the original documents to us. OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, N~ 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Jill Doherty, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: September 21,2010 Re: Proposed Wetland Permit for HERNAN MICHAEL OTANO SCTM# 1000-53-5-12.6 Fairweather Design Assoc., Inc. on behalf of HERNAN MICHAEL OTANO requests a Wetland Permit to replace the existing deteriorated and collapsing foundation of the existing cottage and install a drywell for roof run-off; construct a non-habitable attic space, replace the existing waterside porch; construct a landward entry addition, an outdoor shower on the south side; and replace the windows, siding and roof framing. Located: Unit 5, Sage Blvd., Southold. SCTM#53-5-12.6 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 EXEMPT from LWRP review pursuant to: § 268-3. Definitions. B. Replacement, rehabilitation or reconstruction of a structure or facility, in kind, on the same site (inplace), including upgrading buildings to meet building or fire codes, except for structures in areas designated by the Coastal Erosion Hazard Area (CEHA) law where structures may not be replaced, rehabilitated or reconstructed without a permit and shoreline erosion control structures (including, but not limited to, groins, jetties, bulkheads, filled piers) located within Great Peconic Bay, Cutchogue Harbor, Little Peconic Bay, Hog Neck Bay, Noyack Bay, Southold Bay, Shelter Island Sound, Pipes Cove, Orient Harbor, Gardiners Bay, Long Island Sound, Fishers Island Sound and Block Island Sound (excluding all creeks); Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Lori Hulse, Assistant Town Attorney Jill M. Doherty, President James F. King, Vice-President Dave Bergen Bob Ghosio, Jr. John Bredemeyer Town Hall, 53095 Main Rd. P.O. Box I 179 Southold, NY 11971 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office Use Only __v~eastal Erosion Permit Application tland Permit Application Administrative Permit AmendmentYlFran~e_r/E;~tension ~/'Rece~ved Application:~/d~_ ZReceived Fee:$r-~ ~.Agompleted Ap~~ 0~ __Incomplete SEQRA Classification: Type I Type II Unlisted ,: · ~wordination:(date sent) RP Consistency Assessment Form ~AC Referral Sent: .qi,~t · O~'te of Inspection: ~[~'[[-0 Receipt ofCAC Repo'rt~ Lead Agency Determination:__ Technical Review: _.LPublic Hearing Held: Resolution: Name of Applicant Address Phone Number:( ) Suffolk County Tax Map Number: 1000 - ~ 3 - Property Location: ~kP:~ ~-, ~'~,~ '~ ~,,~t,e .~,c~t( (provide LILCO Pole #, distance to cross streets, and location) AGENT: (If applicable) Address: ~.- O~ ~'-4 &~ ~(2~ of Trustees Applicatio~ Land Area (in square feet): Area Zoning: GENERAL DATA Previous use of property: Intended use of property: Covenants and Restrictions: Yes No If "Yes", please provide copy. Does this project require a variance from the Zoning Board of Appeals __ If "Yes", please provide copy of decision. Prior permits/approvals for site improvements: Agency Date Yes v/ No __ No prior permits/approvals for site improvements. Has any permit]approval ever been revoked or suspended by a govemmental agency? k/ No Yes If yes, provide explanation: Project Description (use attachments if necessary): Re: Heman Otano Residence Main Road & Sage Road (Breezy Shores) Southold 53-5-12.3 & 12.4 FAIRWEATItER DESIGN ASSOCIATES, INC. & ROBERT I. BROWN ARCHITECT P.C. 205 Bay Avenue Greenport, NY 11944 631-477-9752 (fax) 631-477-0973 fl~dainc~optonline, net 1. A non-habitable attic space over the bedroom for storage and cathedral ceiling over the kitchen that does not add any change to the footprint of the cottage. The existing cottage on the newly approved piers is 17'6" ft tall and with the proposed attic/roof addition it would be 20'6 from the ground to highest peak elevation. 2. The existing waterside porch is dangerous and structurally unsound, as it is literally falling down and needs replacement. The footprint of this shall not change. However Mr. Condon's plan did not show any steps to grade where are 5 steps and risers are needed to gain entry. These are proposed at 5' in width. 3. There is a proposed landward entry "mudroom" addition to the cottage, as indicated on the plan. It adds 6' to the landward side of the cottage to the full 24'width of the existing cottage. Them is a floor level 4'x8' open to sky landing and 3 steps to ground level. Being landward of the existing cottage it should add no environmental impact to the area and all roof run off shall be directed to the previously approved dry wells. 4. There is a proposed out door shower on the south side of the cottage that is open to the sky & surrounded by a solid board privacy fence on posts as shown. 5. The windows, siding and roof framing (which is dangerously undersized & sagging) & shingles all proposed to be replaced. ~rd of Trustees Applicatio~ WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: Area of wetlands on lot: [1.55- / ~4c46&~ square Percent coverage of lot: / 3. ~ % Closest distance between nearest existing structure and upland edge of wetlands: 7ff ~ ~ feet Closest distance between nearest proposed structure and upland edge of wetlands: ..qa~rr)4_. feet Does the project involve excavation or filling? No ~,/ Yes If yes, how much material will be excavated? 0~ ~-~ cubic yards How much material will be filled? oO~ ~r cubic yards Depth of which material will be removed or deposited: Proposed slope throughout the area of operations: Manner in which material will be removed or deposited: feet Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason of such proposed operations (use attachments if appropriate): of Trustees Applicatio~ COASTAL EROSION APPLICATION DATA Purposes of proposed activity: '~'p. Li~,~ ~-~~ ~ ~%z~ ~e wetl~ds present ~thin 100 feet of the proposed activity? No ~ Yes Does ~e project involve excavation or filling? No v/ Yes If Yes, how much material will be excavated? $ T (cubic y~ds) How much material will be filled? ~ ~ ~ (cubic yards) M~er in which material will be removed or deposited: Describe ~e na~e ~d extent of the enviro~ental impacts reasonably ~ticipated resulting ~om implementation of the project as proposed. (Use attac~ents ifnecess~y) PROJECT ID NUMBER 'ART 1 - PROJECT INFORMATION 1. APPLICANT / SPONSOR &PROJECT LOCATION: Municipali~ 617.20 SEQR APPENDIX C STATE ENVIRONMENTAL QUADTY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only ( To be completed by Applicant or Project Sponsor) 2. PROJECT NAME ' x ~ ,-~.~3~%~.('~/y~ '/'-' J 4. PRECISE LOCATION: Street Addess and Road Intersections. Prominent landmarks etc- or provide mad 5. IS PROPOSED ACTION: [] New Expansion [~Mcdiflcation/alteration 6. DESCRIBE PROJECT BRIEFLY: 7. AMOUNT OF LAND AFFECTED: Initially , O I ~ acres Uflimately ' · O i ~ acres 8. VV]VV]LI~ PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? es [] No If no, describe briefly: 9WI~9W AT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply,) [~Residential r~lndustrial [-'--]Commercial ~]Agriculture r~ Park / Forest / Open Space F-~Other (describe) 10. DOES ACTION INVOLVE A PERMIT APPROVAL, (3R--E~=hN~NG, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, State or Local) [~Yes [] No If yes, list agency name and permit / approval: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ~Yes ~No If yes, list agency name and permit / approval: 1~ ~S A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant , Sponsor Name .~_.,~,~., ,..~_ '~" ,' /~./:: Date: Signature If the action is a Costal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment PART II - IMPACT ASSESSMENT (To be completed by Lead Agency) · A. DOES ACTION EXCEED ANy TYPE I THRESHOLD IN 6 NYCRR, PART 617.47 ff yes, coordinate the review process and use the FULL FAF. I-I - 171.o B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negative dectemtion may be superseded by another Invoived agermy. · r"-~ yes r~No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, If legible) Cl. F-.,deting air quarry, surface or groundwater quality or quanffiy, ~es levels, e~'ting traffic pattern, solid waste production or disposal, potential f~' erce~n, drainage or tionding problems? Ex~aln briefly: C2. Ae~,~=[;~, agdcultorst, arcbeoulegicel, hl;~[u,k~, or other' naluml or cultural resources; or commenlty or neigllboCrmnd chemcter? IcvnJ~'ln ~ty' I C3. Vegetation m' fauna, fish, shellfish or ~,;;Glii'= ~,~a, ~.ffiant habitats, or ~reatenad or endangered species? E,,?i,, briefly: C4. A c~,,~iii,mlty's existing plans or goals as o;..~ y ad~pted, or a cflange in use or Inteesiiy of ese of land or other natural resooress? Explain bdefly: C5. Growth, subsequent dovel,.~iii=i~, or related activifles likely to be i~l[,~ by Ihe proposed action? F. xl~ain briefly: ce. Loeg term, ehort tem~, ~mulati~, or other ~ not i~ntif~d in C1-057 F .~.~la~ ~¥: ° C7. Other impacte,(including changes in ese of either quant~ or ~ of ener~¢? Ex.in b~tefl~ i, ,,, i I D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRmCA[ ENVIRONMENTAL AREA (CEA)? [] Yes [] No I (If yes, eXl~lain briefly: I E. IS T: ;.'-R."', OR IS THERE LIKELY TO BEI CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL MPACTS? If PART III - Dc I =~INATIoN OF SIGNIFICANCE (To be completed by Agency) iNSTRUCTIONS: For each adverse effect identified above, determinewbether it is substantial, large, impa~lant.or othenvise significant. Each effec~ should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) imsversibility; (e) geographic scope; and (t) magnitude. If necessary, add attachments or reference supporting materials. Ensure that exlflanatiofls contain sufficient detail to show that all relavant adverse impacts have been idenitflad and adequately addressed. If question d of part Ii was checked yes, the determination of sig nifica rme must evalu ate the potential impact of the prolx~md action off the envimnmentel characte rlatics of the CEA, Check this box If you have identified one or more potentially le~le or slgnlficent adverse impacts which MAY occur. 'l~en pmcend directly to the FULt FAF and/or prepare a positive deslamtion. Check this box if you have determined, based on the infom~at~en and analysis above and any oupborti~g douumsntatien, that the proposed actio~ WILL NOT result in any significant adverse envbonmentel Impacts AND proeffie, en atlachmente as necessary, the masons supporllng thl.~ determination. Board of Trustees Name of Lead Agency Jill M. Doherty _ ~rf~t or Type Name of~espo?ible O~Lead Agency -Signafure of Re~pbh~ol~ Olffcer,~rl Lead ,Agency Date President Title of Responsible Officer Signature of Preparer (If different from responsible officer) Town of Southold ~ ~' Erosion, Sedimentation & Storm-Water Run-off ASSESSMENT FORM PROPERTY LOCATION: S.C.T.M. #: THE FOLLOWING ACTIONS MAY REQUIRE THE SUBMISSION OF A STORM-WATER, GRADING, DRAINAGE AND EROSION CONTROL PLAN District Section Clock Lot CERTIFIED BY A DESIGN PROFESSIONAL IN THE STATE OF NEW YORK. SCOPE OF WORK - PROPOSED CONSTRUuI'ION I'I'IfM# / WORK ASSESSMENT I Yes No a. WhatistheTotalAreaofthePmjectParcels? ~t?}~/? ,.l~o//t/ I WillthisPmjectRetainAIIStorm-WaterRun-Off the(Include Total Area of al, Parcels located withinscope of Work for Proposed Constmction) "~-,s F r*x,~;5~ ,. ___~ ~'~ .*;~L.C ~' Generated by a Two (2") Inch Rainfall on Site? (This item will include all mn-off created by site b. What is the Total Area of Land Cleadng ./:~F'~'J.~6?~--) clearing and/or construction activities as well as all Site Improvements and the permanent creation of constructionand/°r Ground Disturbance for the proposedactivity? "fl/~ ~/~//~ ~'~ 'impervious surfaces.) (S.F. t Acme) 2 DOCS the Site Plan and/or Survey Show All Proposed/ PROVIDE BRIEF PROJECT DESCRIPTION (F,~ ~lt~na~..~. N.<~) Drainage Structures Indicating Size & Location? This 9/I I Item shall include all Proposed Grade Changes and Cg,~c/~/~n~/-J~,J~, /n~,~,// 3 Ooes the Site Plan and/or Survey descdbe the emsion ,~ and sediment control practices that will b~ used to ~ . , control site erosion and storm water discharges. This Z2/~/~ /-~ --'~2~C]~/~- ~ 7Z:/O~/~/ //gt~'t'7 item must be maintained throughout the Entire · ~.~3~l~/~&. 4 Will this Project Require any Land Filling, Grading or ..~/., ../~r~'~( · ~'~//~:~f~ ~' ~L~- Grade than 200 Cubic Yards >' ' ~ ~ of Matedal within any Parcel? · Encompassing an Area in Excess of Five Thousand ~ 0t~ c-~ ~t ~-,% ~ (5,000 S.F.)Square Feet of Ground Surface? STA~II' OF NEW YORK, (~ / )-//F.__~ CONNIED BUNCH COUN~!'Y OF ....,,~t~..£ ..................... SS Notary Public,S~te of New York /-~ '.-/'~ rTq t}~ (Name of individual signing' I I ~D°~ment) ~ ' Owner and/or representative of the Ova]er or Owners, and is duly authorized to perform or have peifom~ed d~e said work and to make and file this application; that all statemenLs contained in this application are true to the best of bis lmowledge and belief; and that the work will be performed in the manner set forth in the application filed herewith. Sworn to before me this; FORM - 06110 James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD In the Matter of the Application COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING being duly sworn, depose and s . ~_~at on the/~-~d~y o f .~-/a, 2~,0([0,,~ I p ersonall:~osted t~he pj'operty known as ,I fly placin~ ~e Bo~d of Trustees ~fficial poster where it c~ easily ~e seen, and that I have checked to be sure the poster has remained in place for eight days prior to the date of the public hemng. Date of hearing noted thereon to be held ~. 2~/~ I I v Sworn to b~fore nle this d0'~ay of~ -209'10 Public LAUREN M. STANDISh Notary..Pub~ic, staR .~]~w mo. 01ST61t~O~ . Qualified in Suffolk ~UftE' Commission Expires April g ~0 of Trustees Ap~licat~ County of Suffolk State of New York /~/~/~,q3--/ ./~/~ ~/x~ .~''~ (~'~ BEING DULY SWORN DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT ALL WORK WILL BE DONE 1N THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY V1RTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING TH1S APPLICATION, 1 HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVES(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMiSES IN CONJUNCTION WITH REVIEW OF~._~IS APPLICATION. Signature ~ · SWORN TO BEFORE ME THIS JO DAY OF /v¢~,~ c~- ,20 (~ Notary Public NOTARY PUSUC, STA~E OF NEW YORK (~UALIFI£DIN SU~ COU~ NO.O~ ~ ~H ~]~I~ON ~RES ~ ~ (o O Board of Trustees Applica~ AUTHOP. I ZATION (where the applicant is not the owner) (print owner of property) I (mailing &ddress) do hereby authorize (Agent) to apply for permit(s) from the SoutholdBo~~Tustees on my behalf. (Owner's signature! APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics vrohibits conflicts of interest on the vart of town officers and emulovees. The vuroose of this form is to urovide information which can alert the town of oossible conflicts of interest and allow it to take whatever action is necessary to avoid same. (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's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax ghevance Building Variance Trustee Change of Zone Coastal Erosion Approval of plat Mooring Exemption bom plat or official map Planning Other (If "Other", name the activity.) Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? Re at onship mc udes by blood, mamage, or bus ness mterest. Business interest means a busuless, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO / If you answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applic ant/a genffrepr e sentefive) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): __A) the owner of grea~r than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the lesal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); __C) an officer, director, partner, or employee of the applicant; or __D) the actual applicant. DESCRIPTION OF RELATIONSHIP Form TS 1 $ Submitted this e~_ day of t~ 200~_1~ Signature .~ ,/~'"'-~ ~'~ Print Name ..t.,/~,a-O/-t.4 ~ E> Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus~ each answer must be explained in detail~ listing both supporting and non- suooorting facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION The Application has been submitted to (check appropriate response): Town Board [] Planning Board ~-~ Building Dept. [] Board of Trustees Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) Co) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: Location of action: Site acreage:. 003' //7/ Present zoning classification: If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Nameofapplicant: :~z,..~' (b) Mailing address: ~-7~ ~)s 7' //~ ~ (c) Telephone number: Area Code ( ) (d) Application number, if any:_ Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [~ No[--] Ifyes, which state or federalagency? C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. [5')-~Yes [] No [] Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria --[A/[ Yes ~ No ~ Not Applicable Attach additional sheets if necessary Policy 3.. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria ~-~ Yes ~ No ~ Not Applicable Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria ~ Yes [-~ No ~ Not Applicable 7-A]~ A{~-Z~ 7°lb-te~-~ ~O/LL ~t~ ~ ~/96E 7~ Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria [~ Yes ~'] No [] Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. Yes No Not App Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. [] Yes [] No ~-~ Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. Yes 73 No [] Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. [] Yes~ No [] Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES~ Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III- Policies; Pages 47 through 56 for evaluation criteria. ~ Yes ~ No ~-~ Not Applicable Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peeonie Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. [] Yes ~ No [] Not Applicable Attach additional sheets if necessmy Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. [~ Yes [] No ~Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. PREPARED BY /~/~? ~)~/~ ~/~ TITLE ~'~-/~ ? DATE BREEZY SHORES COMMUNITY, INC. SAGE BOULEVARD GREENPORT, NEW YORK August 27, 2010 Sou~k~ol~ ~o~ 80ar~ of Trustees To whom it may concern, The Board of Diectors of Breezy Shores Community Inc. favoq, bly supports the foundation stabilization and renovation of Cottage #5 to be undertaken by shareholder Hernan Otano. Mr. Otano has retained the services of Ms. Amy Martin of Fairweather Design AsSociates of Greenport, New York to aid in all aspects of this project with the exCeption of the house raising, which will be performed by Dawn House Movers of Yaphank, New York. The Board gratefully acknowledges the continued support of the Trustees and Town of Southold as we strive to maintain our property within this wonderful community. President, Board or Di~ctors APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics orohibit$ conflict~ ofintorest on the vail of town officers and emolovees. The oun~se of this form is to t~rovide information which can alert the town of oosslble conflicts of interest and allow it to take whatever action ne to avoid same. (Last name first name ~iddle initial/,, u~less you are apply~fg in ~e nam¢of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Variance Trustee t,/ Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (If "Other", name the activity.) Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Sonthold? "Relationship" includes by blood, marriage, or btt~iness interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of(or employment by) a coq~oration in which the town officer or employee owns more than 5% of the shares. YES NO ~/ If you answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Sonthold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or ~hild is (check all that apply): __A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial ownqr 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. DESCR[PTION OF RELATIONSHIP Form TS I Submitted this c-~'/~aY o,f~ ~.~z~,.'3 ;- 20~6~ PrintName ~a.9/'ff/~ ~ ,O)~~t-~ FAIRWEATHER DESIGN ASSOCIATES, INC. & ROBERT I. BROWN ARCHITECT P.C. 205 Bay Avenue Greenport, NY 11944 631-477-9752 (fax) 631-477-0973 Fodainc~optonline.net Southold Town Board of Trustees Jill Doherty, President Re: Hernan Otano Residence Main Road & Sage Road (Breezy Shores) Southold 53-5-12.3 & 12.4 / As per the attached permit approval dated April 21, your board has granted permission to the applicant to "replace the existing deteriorated and collapsing foundation and the installation of two (2) 8'x2' deep drywells, with the condition that the existing structure is not to be demolished and if there is reason for the structure to be demolished, new permits must be applied for prior to demolition, and as depicted on the site plan prepared by Condon Engineering, P.C., last dated April 22, 2010 & approved on May 3, 2010." After receiving this permit and the ability to save the cottage, Mr. Otano came to our office and met with Ian Fairweather who has developed a Design for the improvements Hernan would like to include and the repairs that are necessary - so they may all be done at the time the house is placed on the approved piers. 1. Attached please find the proposed plan for the addition of a non-habitable attic space over the bedroom for storage and cathedral ceiling over the kitchen that does not add any change to the footprint of the cottage. The existing cottage on the newly approved piers is 17'6" ft tall and with the proposed attic/roof addition it would be 20'6 from the ground to highest peak elevation. 2. The existing waterside porch is dangerous and structurally unsound, as it is literally falling down and needs replacement. The footprint of this shall not change. However Mr. Condon's plan did not show any steps to grade where are 5 steps and risers are needed to gain entry. These are proposed at 5' in width. 3. There is a proposed landward entry "mudroom" addition to the cottage, as indicated on the plan. It adds 6' to the landward side of the cottage to the full 24'width of the existing cottage. There is a floor level 4'x8' open to sky landing and 3 steps to ground level. Being landward of the existing cottage it should add no environmental impact to the area and all roof run off shall be directed to the previously approved dry wells. 4. There is a proposed out door shower on the south side of the cottage that is open to the sky & surrounded by a solid board privacy fence on posts as shown. 5. The windows, siding and roof framing & shingles all proposed to be replaced. I have been asked to represent Mr. Otano in this application for these changes and realize that these proposed changes exceed the parameters of what has been previously approved. I ask your input as to how we proceed from here, whether this is a new application or an amendment to the previously approved application. Thank you, Amy Ma~n, as agent Fairweather Design Associates Jill M. Doherty, President James F. King, Vic~-President Dave Bergen Bob Ghosio, Jr. John Bredemeyer Town Hail Annex 54375 Main Read P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 Apdl 21,2010 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Mr. John J. Condon, P.E. Condon Engineering, P.C. 1755 Sigsbee Road Mattituck, NY 11952 RE: HERNAN MICHAEL OTANO MAIN ROAD & SAGE ROAD, SOUTHOLD SCTM# 53-5-12.3 & 12.4 Dear Mr. Condon: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, April 21,2010 regarding the above matter: WHEREAS, Condon Engineering, P.C. on behalf of HERNAN MICHAEL OTANO applied to the Southold Town Trustees for a permit under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated March 30, 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 April 21,2010, 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 complies with the standards set forth in Chapter 275 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that the Board of Trustees have found the application to be Consistent with the Local Waterfront Revitalization Program, and, RESOLVED, that the Board of Trustees approve the application of HERNAN MICHAEL OTANO to replace the existing deteriorated and collapsing foundation and the installation of two (2) 8'x2' deep drywells, with the condition that the existing structure is not to be demolished and if there is a reason for the structure to have to be demolished, new permits must be applied for pdor to demolition, and as depicted on the site plan prepared by Condon Engineering, P.C., last dated April 22, 2010, and stamped approved on May 3, 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:S100.00 Very truly yours, Ji~. Doherty~ President, Board of Trustees JMD/eac Page I of I Cantrell, Elizabeth From: boardemail@breezyshores.com on behalf of Breezy Board Iboard@breezyshores.com] Sent: Monday, December 27, 2010 8:46 AM To: Cantrell, Elizabeth Cc: Board; john@islandeastmanagement.com; otano@mac.com Subject: [SPAMl - Otano/Breezy Shores Expansion Application Dear Ns. Cantrell - This is in regard to the expansion application of Mr. Hernan Otano. Please be advised that the Breezy Shores Community Board will not be approving any expansion applications at this time. Please make whatever status adjustments may be required at your office with regard to I~lr. Otano's pending application, as there will be no Board approval of his application at this time. Best regards, and Happy Holidays, Breezy Shores Community, Inc., Board of Directors Board President, Bill Szarka Subject: Re: Otano Hay bail fence From: otanoC~mac.com Date: Fri, 17 Dec 2010 14:52:50 -0500 CC: board(~breezvshores.com: iohnc~islandeastmanaaement.com To: elizabethc@town.southold.nv.us Elizabeth, Thanks for the quick response. That's great. I understand the expansion is being delayed because of my community board and not the town. Once we can agree on my cottage alteration proposal with in the Breezy community. I will move on the fee ($600?) and any additional steps I need to do to satisfy everyone. As for now, I will consuJt with the contractors concerning the weather and starting foundation work accordingly. Merry Christmas, -H Hernan Michael OtaL/o 917-796-3997 otano~,mac.com www. HernanOtano.com 2/28/2010 #4 AN( '4DI ¢ WILLIAM 4 ~AGE DouLEVAP-'D PROPOSI (2)8'6x2' PRECAST )RAINAGE RINGS #5 ~ERNAK OTANO #G RALPH ¢ LYNN WEHRMANN BULKHEAD BASED ON DRAWING BY CONDON ENGINEERING, P.C. ,SITE PLAN I "= 20'-0" OTANO 06/I ~/2010 ENTRY 51DE ELEVATION ELEVATIONS: I/8"= I '-O" FAIR. WEATHER DESIGN A,S,SOCIATE,S AND ROBERT I. BROWN, ARCHITECT, P.C. 205 BAY AVENUE GREENPORT, N.Y. I 1944 G3 I -477-I~752 (Fax) G31-477-0973 Southhold Town APPROVED BY BOARD OF TRUSTEES TOWN OF SOUTHOLD JDATE NEW ADDITION, ~ISTING TO BE RENOVATED SIDE ELEVATION 3 I/ 3/4' TCG PINE ROOFER~ LOWER ROOF - 30 YR. GAF ASPHALT SHINGLES OVER GAF WEATHER WATCH LEAK BARRIER OVER $-~" THEP-JViOSITE INSULATION AND I"xG" T&G PINE ROOFERS. 12 2-1/2 ~ UPPER ROOF - 30 YR. ~ GAF ASPHALt SHINGLES OVER 30lb. BUILDING ~ PAPER. '~ 12 TIES@4'-O'O.C. BUILD PLATE UP SISTER. D(IDTING I '-0'. JOIST: THERMOSITE PINE ROOFER~ ½"MOISTUP-Z RESISTANT GYP.BD.TAPED SPACKLED AND PAINTED (ALL W'ALL5 AND BEDROOM CEILINGS ONLY). ATTIC SPACE OVER BEDROOM. 3 I/2" THERMOSITE ',OOFEP-,5 12 Grade 4.2' MUD ROOM KITCHEN G" BRICK FACED PERIMETEE PIEP-,~. NEW FOOTING5 SEE ENGINEERING PLANS. SECTION SCALE: I/4"= LIVING ROOM CATHEDRAL CEILING I BLS I/2" CLO~E OPENIN FINISH TO MATC[H. PORCH NEW I "xS" YELLOW PINE FLOORING OVER 4~" TH. CDX PLYWOOD SUBFLOOR (FLOOR5 TO ALIGN WiTH EXISTING). NEW 2"x6" ACQ JOIST5 @ ~ G"O.C. 7~×7½ at QTANO 06/I g/2010 FAIP-..WEATHER DESIGN ASSOCIATES AND ROBERT I. BROWN, ARCHITECT, P.C. 205 BAY AVENUE GREENPORT, N.Y. 11944 G31-477-9752 (Fax) G31-477-0~73 Grade 4.2' 12 ~'XG' AZEK FRIEZE BOARD 1 '×4' AZEK CORNER BOARD I "XG' AZEK, PA. SCIA BOARD ~2 2-U2 ~ 6/4"X4" AZEK DOOR ¢ W1NDOW TRM I"XG" MARDI?LANK .~IDING OVER 30lb. BUILDING PA?ER. 12 5/4'x6" AZEK WATER TABLE - .NEW ADDITION., 51DE BRICK PACED PEP/METER EXISTING TO DE RENOVATED - SQ. CEDAR LATTICE -5TAINED ELEVATION SCALE: 1/4"-- I'0" CEDAR POST ¢ RAILING5 OTANO 08/I G/2010 AND ROBERT I. BROWN, ARCHITECT, P.C. 205 BAY AVENUE GREENPORT, N.Y. 11544 ~31-477-5752 (Fax) ~3 I -477-0573 FAIRWEATHER DESIGN ASSOCIATE5 EQ 4~"x4" MAHOGANY DECKJNG ¢ TP,,EAD5 OVER ACQ ~UE~STRUCTUP-~E. EXISTING POP. CH TO BE REBUILT FLOORING TO MATCH EXISTING EX?OSED RAh-TER.5 ¢ SHEATHING TO BE STAINED W'ALLD ~" MOISTURE P. ESISTANT GY'P.BD. NEW POCKET DOOR NEW HEADER ~D(15TING BEDROOM I A~-IC ABOVE I/2" MOISTURE GYP.I~D. WALL5 AND CEILING LIVING IiLOOM CATHEDRAL CEILING - ½" MOI~TUR, E RESISTANT WALL5 ONLY - ROOfi RAFTEP-~ AND ~HA~ATHING TO ~MAIN ~POS~D, TO ~TAINED. OUTDOOR SHOWER BATH ~ICPEN CATHEDRAL CEILING I BEDROOM 2 NEW HEADER ½'TH. MOISTURE RESISTANT GY~.BD. WALL5 4: CFILING. NEW HEADER I////////////1 INDICATES NEW WALL~ DECK AT FLR.LEVEL 2'-0" TO GRADE ~"x4" MAHOGANY DECKING ¢ TREADS OVER ACQ SUBDTRUCTURE. FLOOR. PLAN SCALE: I/4"= I '0" ' OTANO O~/I 6/I 0 FAIP..WEATHEP-. DE.SIGN ASSOCIATE: WITH ROBERT I. BROWN, ARCHITECT, P.C. 205 [bAY AVENUE GP-,EENPORT, N.Y. I 1944 (;31-477-9752 (Fax) G3 I -477-0973 Floor Elev. 8' Existing Floor Elev. 6.18' Base Flood Elev, 6' Existing Grade Elev. 4.2' Northern Elevation SCALE: 1/4"=1' OTANO O~IG/2010 FAIIEWEATH ER, DE,.51GN AS,.SOCIATE,5 AND ROBERT I. BROWN, ARCHITECT, P.C. 205 BAY AVENUE GP-.EENPOP-,T, N.Y. II ~44 G31-477-9752 (Fax) G31-477-0~73 -AN~ CONDON ENGINEERING, P.C ...... 3 2 4 5 7 I0 II 12 13 14 15 IG I'/ ", , , ", -'. I I I ~ 10" Footing __ ~ 10" Footing ~10' Footing -,~ t Il ~l ILJ~ ~L~_ c;.* L ~ L j 7.5x7.5 L ~ J L _ J I ACQ I X. N~ 10" Footing ~ - -- ~ 10" Footing L, ~ SO"OTUBE ~ I ~olmanlzod Para~ ~ ~ L -- J SONOTUBE ' PIERS PIERS "~ ~"~ '"'~.) 'x~ ¢ ~ PIERS J m '~--':'~_~~~, %~ ~'~ 10" FooUng ~ - ,~ ~10" F°°ting ~¢~10''F°°ting: - I ~ <, ~ ~ 18' FootJng2~:x2~'x ~ 10 Footing ~ 2 ~ F - - ~ 10' Footing F - - F _ q~ 10" Footing 18"~ 1B"~ ~~ m~l : SONOTUBE ~PiERS ~ U 7.5x7,5ACQ L +~ SONOTUBE L U 2~'x2~'~ ~¢ 2~'x2~'x 10" Footing ~ ~ _--~~~ ~ 0Il Footing __~ ~ 2 ~' X 2 ~' X L _ ~ SONOTUBE~ ~ J ACQ L + %SONOTUBE L --- J [ ~ UNIT~5 PIERS I I PIERS ~ ~ ~ B~EZY SHORE5 ~0" Footin~ ~ F q ~ F 7 q ~ 50UTHOLD, NEW YORK __ ¢ ~ 10" Footing 2~'x2~'x ~ 5AGE DLVD. PLAN I-,]l Ililmmi,mmI[-J~ ,L ACQ APPROVED BY , BOARD OF TRUSTEES ~ PROJ~CTTITLE TOWN OF SOUTHOLD DATE~ ~ ~ ~r*a RENOVATION FOUNDATION PLAN ~ ~ ~~ ~ 1007 K, J H D C A E F G 3 2 4 5 ./ I0 II 12 13 14 15 IG 17 I I/2" MOIDTU~ ~5 / WALL5 ONLY** ~11 I~ ' ~ ~ THEDEDE~ViCEP~NSAND A~A~ANTHEINSTRUMENT OPpROpER~ OF ' ~ CLIENT / OWNER , [m / ~ ~ m ) OTANO NEW ~CADEE / m ~ ~..~.~6P&~,~ J J ............... q ~ ........................... ~ ~ Ce ~ ~ ¢ ~L~u~- ~ ~ RE6I DENCE ~ ~NOVATfON ELECTRICAL PLAN Fx J H D C A G I 2 3 4 5 G 7 8 ~ I0 II 12 13 14 15 Ig I'/ I'P, OPOSED NEW -- PKOPObED i 5TO©P ¢ STAIR5 NEW ?ORCH NEW ADDITION/ W E 5 T ~EXISTING TO ENTffY ~IDEr-,. ALL RIGHT5 ~5E~VED~ 2 010 ELEVATION ELEVATIONscALE: i ,4,,= i ,o,, ~ SCALE: 1,4"= I '0" ~ OTANO ~UJLDING PAPER, ~ T~~ 5AGE BLVD. ~/CO~N~__ ~ v'x4' ~ ~ ~ 50UTHOLD, NEW YO~ ~ R~NOVATION ~ ~LEVATION~ WATER 51DE EAST ~ PRINT gATE SCALE J H G E D C A I 2 3 4 .5 G '/ & 9 I0 II 12 13 14 15 IG I'/ II II II EXISTING PORCH TO BE DEMOLISNeD I ! = ~- I UPPER ROOE- 3O W, ~ ~ SHINGLES OVER GAF WEATHER WATCrl AND BEDROOM CEILINGS I ALL RIGHTS II _ NLY) I I I THESE PLANS ARE AN INSTRUMENT OF 5TRrP OFF EXIBTgNG I I ~ % //~~ (~ ATFIC SPACE OVEP~ ~ =' 3 I/2" THEP~MOSITE SIDING 4~ TRfM [SACK ~ I I 3/4' I I I 3/4, TCG PINE ~.OOPEI~5 ~ (( ~) I II ~ NEW 1",8"YiLOWrIRE II /'x, I OTANO ENGINEERING P~NS. V ~ B~ZY SMOKE5 - REMOW AL[ ~W,au WALLS A~U ~MOW ~SCK 5AGE BLVD. - REMOW ANY ~lSTIN¢ ~NSULATION ~ 50UTHOLD, NEW YORR - RE,ow :X~ST, N~ ~OOF E Z Z Z Z Z 2 Z Z Z Z 3 I RENOVATION DEMOLITION PLAN ~ ~ DEMOLITION ¢ SECTION K, J M G F D C A 1 O" Footing 7'74" 2?x2j'x 2~'x2]'x 2~'x2~'x ACQ 21'x2½'x 2i'x2i'x _ 21z'x21'X Foundation and Floor Framing Support Details - Plan View SCALE'll4"=f Floor Bev B' Northern Elevation Simpson H2,5 ZMax J Simpson LCB66 for LVL Wood Blocking at Piers Beams and LCB88 for 7 ~1 x 7 ~ Beams AI~ are to be ZMax Foundation and Pier Section Detail Otano Residence EROSION CONTROL MEASURES STRAW BALE INLET PROTECTION DETAIL NOTES' 1 BALES SHALL BE PLACED AT THE TOE OF A SLOPE OR ON THE CONTOUR AND IN A ROW WITH ENDS TIGHTLY ABUTTING THE ADJACENT BALES, Z EACH BALE SHALL BE EMBEDDED IN THE SOIL A MINIMUM OF 4 INCHES AND PLACED SO THE BINDINGS ARE HORIZONTAL, 3~ BALES SHALL BE SEDURELY ANCHORED IN PLACE BY EITHER ~VO STAKES OR RE-BARS DRIVEN THROUGH THE BALE THE FIRST STAKE IN EACH BALE SHALL BE DRIVEN TOWARD THE PREVIOUSLY LAiD BALE AT AN ANGLE TO FORCE THE BALES TOGETHER STAKES SHALL BE DRIVEN FLUSH WITH THE BALE, 4 INSPECTION SHALL BE FREQUENT AND REPAIR REPLACEMENT SHALL BE MADE PROMPTLY AS NEEDED 5 BALES SHALL BE REMOVED WHEN THEY HAVE SERVED THEIR USEFULNESS SO AS NOT TO BLOCK OR IMPEDE STORM FLOW OR DRAINAGE, BOUND STRAWBALES ~ STAKE DRIVEN AT ANGLE~-D Ol N G DETAIL Flow ANCHORING DETAIL 2X2 WOOD STAKES (TYP) (SEE BEDDING DETAIL) STRAW BALE DIKE DETAIL 4-22-2010 Revision - Drywells 2-20-2010 Initial Dwg Scale: 1/4" = f-O" Drawn by: J JO Date: 4-22-2010 Otano Residence Condon Engineering, P.C. 1755 Sigsbee Road Maituck, New York11952 (631)298-1~86 Unit #5 Breezy Shores S-1 AUG 3 0 2010 D 3.0 % X X '/ X 9.2 X XE,0 5,E X $.0 X 2.5 X X 2:.8 P-8 X POsf 7.6 × X6,5 7.8 x X 11.7 X 5.4 Proposed Su'bdiWsion _ "A~ X 14.2 X X IOO o I00 200 SCALE: I"= I00' CONTOUR INTERVAL. 2' q X .~sfhe~/° ~, se\mu holy X 10.3 0t, ~0I-mST'pi X 67 ~ ~ e, ~oSe 5~6° -' ' 9.5 X \ %0 X sOUTHOL D BAY SITE DATA I. Z. .5. 5. 6. 8,8 X AREA OF ISLAND=I.566ACR£S AREA OF UNDERWATER LAND = I 1.551AC~RES AREA OF MAIN PARCEL=70.OOOACRES TOTAl AREA =8~.117 ACRES TOTAL NO. OF LOTS TOTAL LENGTH OF ROAD ~L.~ e.4x GENERAL NOTES: L MAP PREPARED BY LOCKWOOD~ KESSLER 6 BARTLETT, INC. SY PHOTOGRAMMETRIC METHODS. LEGEND PAVED ROAD UNPAVED ROAD TRAILS BUILDING WOODED AREA INDIVIDUAL TREE WATER L I NE CULVERT MARSH FENCE LIGHT POLE UTILITY POLE POLE MANHOLE RETAING WALL BULKHEAD PIER OR DOCK RAILROAD TRACKS CONTOURS SPOT ELEVATION WATER ELEVATION Areo = t. 566 ! \ SAND I ' I --20 SUBI ;ION SKETCH PLAN ~ ~ PREPARED FOR HARBORVIEW LANDI AT GREENPORT TOWN OF SOUTHOLD SUFFOLK COUNTY,N.Y. LOCKWOOD, KESSLER & BARTLETT, INC. now or formerly H. Mulhollond L. K.S.~ 4022, 4/S4