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HomeMy WebLinkAbout1000-66.-2-13 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 MEMORANDUM To: Leslie Weisman, Chair Town of Southold Zoning Board of Ap/l~eals From: Mark Terry, Principal Planner \~,~',~ LWRP Coordinator',~ ~ Date: February 8, 2010 Re~ ZBA File Reference No. 6351 Heath SCTM# 1000-66-2-13 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP provided the following best management practices are implemented. In the event that the action is approved, to further Policy 4.2 protect and restore natural protective features and Policy 6 protect and restore the qua#ty and function of the Town of Southold ecosystems, it is recommended that a natural vegetated buffer be required instead of the proposed non-turf. It is further recommended that the dimensions, type and maintenance activities of the buffer be memorialized within a Covenant and Restriction filed with the Office of the Suffolk Clerk. A sample definition of a natural vegetated buffer follows: NATURAL VEGETATED BUFFER -- a land area of a certain length and width where existing vegetation occurs prior to the commencement of any grading or clearing activity. Vegetation shall be maintained to achieve a minimum percent ground cover of ninety-five (95) percent. To achieve the percent ground cover indigenous, drought tolerant vegetation shall be planted. Survival of planted vegetation shall be (ninety) 90 percent for a period of three (3) years. Maintenance activities within the buffer are limited to removing vegetation which are hazardous to life and property, trimming tree limbs up to a height of fifteen feet (15') to maintain viewsheds, replanting of vegetation and establishing a four foot (4') wide access path constructed of pervious material for access to the water-body. Cc: Lori Hulse, Assistant Town Attorney 5UR',,,~h"~[2 O-~-:~I-OI PROPOSED A[2DITION~ O~-2q-2OO"7 kIE~TLAND LOCATION lO' VAN TO'FL C,,ONTOUR ,A~DED O~-2~-2OO-i' PROP<:~--~ O~-O~-200~, 0'7-24-2008,0~-2'7-200~ Ol-08-200q,O2-22-200q, O5-O8-2OOq, IO-~O-200q SUFFOLK ¢oL~'l"r' TAX #1000-~b- 2- 19 GERTIFIED TO: Ot;;;~A ,.JEAN H~ATH ELLIOT ~,R/JC, E NEATH III SHEBS 02.3z~ BEC ADJACENT 4REA BETaEEN ~ETLaNDS aNDI VaN T~JYL JO CONTOUP LINE OF ~982 NO'I'~5, · MONUMENT FOUND o PIPE FOUND · 5TAKE FOUND LOT AREA TO MAP LINE 15,1lB 5.F. OR 0.95 AC, RE ELEVATION~ I:~EFEI:2, TO MSL N~'v'D PAI~EL I;;~:51DE5 IN ZONE R-,40 P~.E.-EXISTIN~ NON.-~ONFOI~IN~ ALLOI~5 95' FR~ONT 'FARD lO' 51D~ YAR~ - TOTAL NO r_.,,HAbSE IN NUHBER OF BEDROOM5 FROPOSED TIDAL k~L=TLAND BOLINDAR¥ A5 DELINEATEp BY EN.-~ONSULTANT5 Inc. ON 5-2 -200'~ AND LOGATi~D AND 5HOI~,I HEREON ~RAPHIC ~-.,ALE I"= ~O' DRAINAGE C, ALCULATIONS. ROOF OI, NELLINO ROOF AREA 1414 1414 X 0.17 X 1.0 = 241 241 / 42.24 = 5.~q M.L.F. ~I~D P~OVI~ 2 ~'~" PlA. X ~'~" DE~H D~I~E P~L~ 8 V,L.F. ~OVIDED (P~': PROPOSEP ~LL \ \ \ \ N \ \ \ \ \ \ \ \ Ae ~x,o . ~ eo 6 EAST MAIN STREET 369-8288 Fax 369-8287 RIVERHEAD, N.Y. 11901 REI:.-\\Compaqscr¥cr\pros\01 \01-247 proposed house.pro NI'~I~~} LIC. NO. 50202 1416-4 (9/95)--Text 12 PROJECT I.D. NUMSER 617.20 S E QR ~ppendix C '-~"'~ 3 .~-/ State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I -- PROJECT INFORMATION (To be completed by Applicant or Project sponsor) I APPLICANT/SPONSOR:ELLIOTB.&ORAJ. HEATH BY I 2. PROJECT NAME I EN-CONSULTANTS, INC. 3 PROJECT LOCATION: Municipality SOUTHOLD County SUFFOLK 4 PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc, or provide map) i65 GULL POND LANE, GREENPORT, TOWN OF SOUTHOLD; SCTM #1000-35-4-28.27 5. IS PROPOSED ACT [~ New ~]N Expansion FI M odifi cation/alto ration 6 DESCRIBE PROJECT BRIEFLY: Alter roof of existing two-story dwelling to allow for a 6' x 12' roof deck and the expansion of the existing second floor to the perimeter of the existing first floor walls in the northeast comer of the dwelling; construct a 8' x 24.4' second-story addition with a second-story balcony and 6.5' x 18.3' entry porch (including steps) in place of the existing one-story southerly portion of the dwelling to be removed; ;construct a 11.7' x 13.5' two-story addition (partially in place of existing porch) in southeasterly comer of dwelling; remove existing triveway and masonry walk and construct new stone walkway and pervious grovel driveway; install drainage system of drywells; and ,~stablish 10'-wide non-turf buffer on landward side of existing stone driveway located in existing access easement, all as depicted on the rite plan prepared by John C. Ehlers Land Surveyor, last dated October 30, 2009. 7 AMOiJNT OF LAND AFFECTED initially 0.35 acre~ Ultimately 0.35 acr~ WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? E~]Yes [] No If No, describe briefly 9 WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [] Residential [] Industrial [] Commercial [] Agriculture [] Park Forest/Open space [] Other [] Y e s [._] N o If yes, list agency(s) and permit/approvals DEC, SOUTHOLD TRUSTEES 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? []Yes [] No If yes, list agency name and permit/approval NYS DEC #1-4738-00578/00003 SOUTHOLD TRUSTEES # 6949 E~] Yes []N o Applicant/sponsor nam e ROBERT~. HERRMANN, COASTAL MANAGEMENT SPECIALIST D A T E NOVEMBER 3, 2009 Signature: If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER PART II- ENVIRONMENTAL ASSESSMENT (To be completed by Agency) DOES ACTION EXCEED ANY TYPE I THRESHOLD iN 6 NYCRR, PART 617.47 If yes coordinate the review process and use the FULL EAF [--]Yes [~No WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR. PART 617.67 If no, a negative declaration may be superseded b another involved agency C COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING, (Answers may be handwritten, if legible) C 1 Existing air quality Surface or groundwater quality or quantity, noise levels, existing traffic patterns so,id waste production or disposal potential for erosion drainage or flooding problems! Explain briefly: C2 Aesthetic, agricultural, archaeological historic, or other natural or cultural resources: or community or neighborhood character? Explain briefly: C3. Vegetation of fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: C4 A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly, C5 Growth, subsequen deve opment or related activities likely to be induced by the proposed action? Explain briefly. C6 Long term snort term, cumulative or other effects not identified in 01-C57 Explain briefly, C7 Other impacts (including Changes in use of either quantity or type of energy)? Explain briefly D WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CEA? E IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? J~JYes J~IN0 If Yes, explain briefly PART III- DETERMINATION OF SIGNIFICANCE (To be Completed by Agency) INSTRUCTIONS: ~or each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant, Each effect should be assessed in connection with Its (a) setting (i.e. urban or rural), (b) probability of occurring; (c) duration; (d) irreversibility; (c) geographic scope; and (f) magnitude, if necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have boon identified and adequately addressed. If- question D of Part 11 was checked yes, the determination and significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. [] Check this box if you have identified one or more potentially large or significant adverse impa, cts which MAY occur. Then Proceed directly to the FULL EAF and/or prepare a positive declaration. [] Check this box it you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necessary, the reasons supporting this determination: I It18 Ot I~esporJslDle gltlCer Signature of Preparer (If different from responsible officer) L~ate Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southotd, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork, net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office November 16, 2009 ~ rio TownofSouthold ' L ! ' Town Hall Annex Southold, NY 11971 [ -- Re: ZBA File Ref. No. #6351 Heath, Elliot B. & Ora Dear Mark: We have received an application for additions and alterations to an existing single family dwelling on non-conforming lot. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written '.evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-5D is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Gerar~l/P Chai~ By:[ 3oeh~inger ~-~, Encls. TO: FORM NO. 3 NOTICE OF DISAPPROVAL DATE: October 16, 2009 Elliott B. & Ora J. Heath C/O Michael Hand 375 Farmview Rd. Mattituck, NY 11952 Please take notice that your application dated October 6, 2009: For permit to construct additions and alterations to existing single family dwelling at: Location of property: 500 Hippodrome Dr., Southold County Tax Map No. 1000 - Section 66 Block 2_ Lot 1--3 is returned herewith and disapproved on the following grounds: The proposed additions and alterations to the existing single family dwelling, on this non- confbrming 15,113 square foot lot in the Residential R-40 District is not permitted pursuant to Article XXIII Section 280-124; non-conforming lots, measuring less than 20,000 square feet in total size, require a front and rear yard setback of 35 feet. The site plan shows proposed front yard setback of 33 feet and a rear yard setback of 33 feet. Authorized Signature Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Towa Building Department. CC: file, Z.B.A. .OT~CE ~ COLtCTY OF SUFF( I --.m~:~,mm:. l~,~lleal Properly T~ Se'vi Dsm Assi~ncdJAssi~nmcm No. otes:_ Filed By:. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS Parcel Location: House No. 500 Street HIPPODROME DRIVE Hamlet SOUTHOLD SCTM 1000 Section 66 Block 2 Lot(s). 13 Lot Size~s4~3s.F. Zone DistrictR-40 1 (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: ~OCTOBER 16, 2009 BASED ON MAP DATED SEPTEMBER 23, 2009 Applicant(s)/Owncr(s): ELL1OTB. & ORA J. HEATH Mailing Address:P.O. BOX 232, SOUTHOLD, NY 11971 Telephone: 631-765-4922 Fax: NOTE: In addition to the above, please completed below if applicant is signed by applicant's ailomey, agent, architecl, builder, contract vendee, etc. and name of person who agent represents: Name of Representative: EN-CONSULTANTS, INC for (X) Owner, or ( ) Other: Agent's Address: 1319 NORTH SEA ROAD SOUTHAMPTON, NY 11968 Telephone: 631-283-6360 Fax:631-283-6136 Email: P-iqERRM~NN@ENCON SULT^NTS.COM Please check box to ~Taecify who you wish correspondence to be mailed to, from the above names: [] Applicant/Owner(s), or [] Authorized Representative, or [] Other Name/Address Below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED 9-23-09 AN APPLICATION DATED: 10-9-09 FOR: 18 Building Permit [] Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built Construction Other: and DENIED Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article XXlll Section 280- 124 Subsection B Article Section 280- Subsection Type of Appeal. An Appeal is made for: [] A Variance to the Zoning Code or Zoning Map. [] A Variance due to lack of access required by New York Town Law-Section 280-A. [] Interpretation of the Town Code, Article Section [] Reversal or Other A prior appeal [] has [] has not been made at any time with respect to this property. UNDER Appeal No. __Year__. (Please be sure to research before completing this question or call our office for assistance). Name of Owner: ELLIOT B. & ORA J. HEATH ZBA File # ~> ,~ ~ I REASONS FOR APPEAL (additional sheets may be used with preparer's signature): AREA VARIANCE REASONS. (1) An undesirable change ~vill not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: SEE ATTACHED (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: SEE ATTACHED (3) The amount of relief requested is not substantial because: SEE ATTACHED (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: SEE ATTACHED (5) Has the alleged difficulty been self-created? ( )Yes, or (x)No. Due to the location of the existing dwelling. Are there any Covenants and Restrictions concerning this land: [] No [~lYes (please furnish copy). Southold Trustees Covenant (copy enclosed); easement 15' in width across premises (copy of deed enclosed) This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. SHEET: (Please be sure to consult your attorney.) . Signatur[ otKJAppellant or Authorized Agent (Agent must submit written Authorization from Owner) Sworn to before me this 3rd ROBERT E. HERRMANN da~y~°~.FN°vEMBE~R'2009 .... COASTAL MANAGEMENT SPECIALIST ~ ,. ' N,ot ary"P~ubt ic ~ "Reasons for appeal Granting of the minimal relief requested will produce no change whatsoever in the character of the neighborhood and will not impact nearby properties due to the negligible difference in the outward appearance of the finished dwelling with relief versus that constructed without it. Specifically, from the road, it would be difficult to differentiate -let along perceive in an adverse way - a 4.5' deep porch versus the currently permitted 3' deep porch, which would not require relief, whereas the practical usefulness of the properly sized porch will provide a real benefit to the Heaths. Similarly, the difference in the view from the north of the now proposed second floor versus that of the one currently approved without relief- essentially a marginal difference in the height and angle of a portion of the roof- is negligible, whereas having an additional +28 square feet of useable floor space in the master bedroom that will result from aligning the 2na story wall with the existing 1st story wall provides a real benefit to the Heaths without expanding the second floor beyond the confines of the existing first floor footprint on the northerly side of the house. The proposed rear yard relief is necessitated by the proposal to increase the second floor area by raising the existing roof to allow for the expansion of the second floor out to the perimeter of the existing first floor wall and foundation. Therefore, due to the location of the existing dwelling, it is not possible to align the second floor wall with the lower without the requested 2 feet of setback relief. Similarly, due to the location of the existing dwelling relative to Hippodrome Drive, constructing even a modest front porch requires the minimal 2' of relief requested. The two feet of 5.7% relief from both the rear and front yard setbacks is not substantial mathematically nor substantively, particularly in light of the efforts made by the Heaths to minimize and limit the proposed house additions to locations farthest from the wetlands to the west. Specifically, the existing second story is being expanded by approximately 643 s.f., ,x) approximately 353 s.f. of which will be created though construction of a conforming two-story addition in the southeast .comer of the house and conforming 2-story living space in place of the emst~ng front porch:and h~prommately 290 s f of whmh will be created wa alteration and rinsing of portions of the ex~st~ng roof}only +10 square feet of which actually requires variance relief due to its location over the portion of the existing first story located within the 35' rear-yard setback. As noted above, painstaking efforts were made to locate the proposed expansions as far as possible from the wetlands to the west and mitigation measures were incorporated into the project for the purpose of enhancing the environmental conditions at the site. Specifically, as part of the project, a drainage system of drywells will be installed to collect and recharge roof runoff and a 10' wide, approximately + 1,390 s.f. nonturf buffer will be established in place of existing lawn between the dwelling and driveway that separates the developed portion of the property from the wetlands associated with Hippodrome Creek. Wetlands Permits for the project have been issued by the New York State Department of Environmental Conservation and the Town of Southold Trustees. QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION Is the subject premises listed on the real estate market for sale? E]Yes tgNo Are there any proposals to change or alter land contours? ~ No [] Yes, please explain on attached sheet. 1) Are there any areas that contain sand or wetland grasses? YES 2) Are these areas shown on the map submitted with this application?YES 3) Is the property bulkheaded between the wetlands area and the upland building area? NO 4) If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction?YES Please confirm status of your inquiry or application with the Trustees: Wetlands Permit #6949, issued 8-20-08 & amended 6-24-09 and if issued, please attach copies of permit with conditions and approved map. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? NO E. Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting?NO (Please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) F. Do you have any construction taking place at this time concerning your premises? YES If yes, please submit a copy of your building permit and map as approved by the Building Department and describe: Renovations & additions as depicted on attached site plan and approved by Building Permit No. 34948 except without additional 2' of 2nd-story addition and porch addition, for which relief is requested herein. G. Do you or any co-owner also own other land close to this parcel?NO If yes, please label the proximity of your lands on your map with this application. H, Please list present use or operations conducted at this parcel Residential, two-story, one-family dwelling and proposed use same with addition__s (examples~sUng: single-family; proposed: same with garage or pool, or other description.) Authorized S(gn~?u~re and Date 2/os; t/o7 ROBERT E. HERRMANN COASTAL MANAGEMENT SPECIALIST APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: ELLIOT B. & ORA J. HEATH Date Prepared: NOVEMBER 3, 2009 1. For Demolition of Existing Building Areas Please describe areas being removed: The existing one-story porch facing Hippodrome Drive will be removed and replaced with two stories to be constructed within the same footprint; the existing entry porch in the southeast comer of the house is being removed in favor of a 2-story addition. 11. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: Variable (see attached site plan): +/-353 s.f. (living space) Dimensions of new second floor: Variable (see attached site plan): +/-643 s.f. (living space) Dimensions of floor above second level: N/A Height (from finished ground to top of ridge): +/-26' (no change to existing house above ridge line) Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: +/-2' 111. Proposed Alterations or Interior Structural Changes without enlargement/extension (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Two stories with one-story porch and small entry porch. Number of Floors and Changes WITH Alterations: Two stories with small roof deck in rear; and second-story balcony and entry porch with steps in front (see attached project description). IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: +/-l,370 S.F. Proposed increase of building coverage: +/- 153 S.F. Square footage of your lot: 11,601 S.F. (exclusive of wetlands) Percentage of coverage of your lot by building area: 15.47% of buildable land V. Purpose of New Construction Requested: To transform dwelling historically used as a vacation home into a permanent home via limited footprint expansion and expansion of vertical space as much as practicable given lot size, configuration, and presence of nearby wetlands. VI. Please describe the land contours (flat, slope %, etc.) as exist and how it relates to the difficulty in meeting the code requirement(s): The property slopes gently downward from the location of the house toward both Hippodrome Drive & Hippodrome Creek; the contour of the land does not relate to the request for variance relief. Please submit seven (7) photos, labeled to show all yard areas of proposed construction after staking corners for new construction), or photos of existing building area to be altered (area of requested changes). PHOTOS INCLUDED. 7/2002; 2/2005; 1/2007 PROJECT DESCRIPTION: ELLIOT BRUCE AND ORA JEAN HEATH~ 500 HIPPODROME DRIVEl SOUTHOLD Alter roof of existing two-story dwelling to allow for a 6' x 12' roof deck and the expansion of the existing second floor to the perimeter of the existing first floor walls in the northeast comer of the dwelling; construct a 8' x 24.4' second-story addition with a second-story balcony and 6.5' x 18.3' entry porch (including steps) in place of the existing one-story southerly portion of the dwelling to be removed; construct a 11.7' x 13.5' two-story addition (partially in place of existing porch) in southeasterly comer of dwelling; remove existing driveway and masonry walk and construct new stone walkway and pervious gravel driveway; install drainage system of drywells; and establish 10'owide non-turf buffer on landward side of existing stone driveway located in existing access easement, all as depicted on the site plan prepared by John C. Ehlers Land Surveyor, last dated October 30, 2009. EN.CONSULTANTS, INC. 1319 NoAh Sea Road Southampton, New York 11968 631-283-6360 Fax: 631-283-6136 www,enconsultants,com ENVIRONMENTAL CONSULTA'NTS TO WHOM IT MAY CONCERN: This letter will authorize Eh-Consultants, Inc. to represent me and act on my behalf with regard to environmental matters and/or permits. Signature Print Print APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER andOWNER'S AGENT) The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: I~-~I~T 6- ~gftdZ-~k-~.l T'J~ t~- (.~t~.,lP~1'~ (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company, lfso, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance ~ Special Exception If "Other", name the activity: Change of Zone Approval of Plat Exemption from Plat or Official Map Other 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 more than 5% of the shares. YES NO J Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of SouthoId: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (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 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 4%35-1 Submitted this ~_ day of /40'~-'~ ~0~ Signature: ~ - Print Name: i?.o~ (, ~~ D APPLICANT ' . TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town o~eerlq and employees. The puroose of this form is to provide information, which can alert tho Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOURNAME://.,~Y')'F~' ~1~' /~,'~-~'' ~'~ ~- d~)~ ~, (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance ~"~ Change of Zone Approval of Plat Exemption from Plat or Official Mal~ Other If "Other", name the aetivify: 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" iaehdes 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 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: d //~ Title or position of that person: Describe that relationship between yourself (the applicant) and thc Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (whenthe 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, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this { _'~ day of ]~'¥~./2.c'~ e;k,~5~O./.. PrintName:jc:;'d~/~ ~)~ ~ New York State Department of Environmental Conservation Division of Environmental Permits, Region One Stony Brook University 50 Circle Road, Stony Brook, New York 11790 - 3409 Phone: (631)444-0365 · FAX: (631)444-0360 Website: www.dec~state.ny.us Alexander B, Grannis Commissioner MODIFICATION OF PERMIT Brace & Ora Heath 500 Hippodrome Dr. Southold, N.Y. 11971 August 6, 2009 Re: Perrmt # 1-4738-00578 / 00003 Heath Property 500 Hippodrome Drive Town of Southold SCTM # 1000-066-02- 13 Dear Permittee: The Department of Environmental Conservation has completed its review of your May 19, 2009 request to modify the referenced Tidal Wetlands permit, which authorizes the expansion of an existing single family dwelling, including the addition of second story space over an existing single story section, two new, two-story additions with balconies, a pergola, patio and expanded stone driveway. The requested changes include the planting of a hedgerow of cypress trees along the north property line and the installation of fencing. We have determined, pursuant to the Uniform Procedures Regulations and the Tidal Wetlands Land Use Regulations, that the permit can be modified. Accordingly, the permit is hereby modified to authorize the planting of a row of cypress trees along the north property line and the installation of fencing as shown on the attached survey by John C. Eh/ers, L.S. dated July 31,2001, last revised May 8, 2009 and stamped "NYSDEC Approved Modification 8/6/09". All terms and conditions remain as written in the original permit. This letter is a modification of the permit and, as such, must be available at the project site with the original permit and all approved plans whenever authorized activities are being undertaken. I can be reached at (631) 444-0371 if you have any questions or need to discuss this determination. Thank you for your attention in this matter. Enclosure cc: BMHP file Sincerely, George W. Hammarth Deputy Regional Permit Administrator SURVEY OF LOT #~, BLOCK. 4 "HAP OF E~IXIDON ~TA~" P!~ ~H I~, Iq~ ~ ~ 14~2 T~ ~ SITE DATA: E:,taAPHIC. SC. ALE I"= N PROVIDE · a~ ~o~mrr[o~s JOHN C. EHLER~ LAND SURVEYOR 6 EAST MAIIq STREET 369-8288 Fox 369-8287 N.Y.S. LIC. NO. 50202 RIVEP. HEAD, N.Y, 11901 REF.-t~CompaqscrvcApros~01 X01-247 proposed house.pro NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Fac~ll. ty DEC ID 1-4738-00578 PERMIT Under the Environmental Conservation Law (ECL) Permittee and Facility Information Permit Issued To: BRAD & ORA HEATH 500 HIPPODROME DR SOUTHOLD, NY 11971 Facility: HEATH PROPERTY 500 HIPPODROME DR SOUTHOLD, NY 11971 Facility Application Contact: EN-CONSULTANTS INC 1319 NORTH SEA RD SOUTHAMPTON, NY 11968 (631) 283-6360 Facility Location: in SOUTHOLD in SUFFOLK COUNTY Facility Principal Reference Point: NYTM-E: 717.485 NYTM-N: 4549.371 Latitude: 41°03'59.5" Longitude: 72°24'41.5'' Authorized Activity: Expand the existing single family dwelling, adding second story space over,a single story section and two new two story additions with balconies. A pergola, patio, and entry will also be constructed and the stone driveway will be expanded. All work shall be done according to the enclosed plans stamped "NYSDEC Approved." Permit Authorizations Tidal Wetlands - Under Article 25 Permit ID 1-4738-00578/00003 New Permit Effective Date: ~ Expiration Date: 12/I 8/20 NYSDEC Approval By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, and aH conditions included as part of this permit. Permit Administrator: GEORGE W HAMMARTH, Deputy Regional Permit Administrator Address: /~./ NYSDEC REGION 1 HEADQUARTERS SUNY ~ STONY BROOK[50 CIRCLE RD STONY BROOK, NY 11790 -3409 Authorized Signature: ~~ Page 1 of 5 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-00578 Distribution List EN-CONSULTANTS ]NC Permit Components NATURAL RESOURCE PERMIT CONDITIONS GENERAL CONDITIONS, APPLY TO ALL AUTHORIZED PERMITS NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS NATURAL RESOURCE PERMIT CONDITIONS - Apply to the Following Permits: TIDAL WETLANDS 1. Conformance With Plans All activities authorized by this permit must be in strict conformance with the approved plans submitted by the applicant or applicant's agent as part of the permit application. Such approved plans were prepared by John C. Ehlers, dated July 31 2001 and last revised August 27 2008. 2. Notice of Commencement At least 48 hours prior to commencement of the project, the permittee and contractor shall sign and return the top portion of the enclosed notification form certifying that they are fully aware of and understand all terms and conditions of this permit. Within 30 days of completion of project, the bottom portion of the form must also be signed and returned, along with photographs of the completed work. 3. Concrete Leachate During construction, no wet or fresh concrete or leachate shall be allowed to escape into any wetlands or waters of New York State, nor shall washings from ready-mixed concrete trucks, mixers, or other devices be allowed to enter any wetland or waters. Only watertight or waterproof forms shall be used. Wet concrete shall not be poured to displace water within the forms. 4. No Construction Debris in Wetland or Adjacent Area Any debris or excess material from construction of this project shall be completely removed from the adjacent area (upland) and removed to an approved upland area for disposal. No debris is permitted in wetlands and/or protected buffer areas. 5. No Disturbance to Vegetated Tidal Wetlands There shall be no disturbance to vegetated tidal wetlands or protected buffer areas as a result of the permitted activities. 6. Clean Fill Only All fill shall consist of clean sand, gravel, or soil (not asphalt, slag, flyash, broken concrete or demolition debris). 7. Straw Bales or Other Erosion Control A row of staked haybales or other approvable erosion control devices shall be placed at the landward edge of the buffer area, as shown on the approved plan, pr/or to commencement of any regulated activities and shall remain in place and in good, functional condition until the project is completed and all disturbed areas are stabilized with vegetation. Page 2 of $ NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-00578 8. Establish Vegetated Buffer To protect the values o£the tidal wetlands, a permanent vegetated buffer zone shall be established. There shall be no disturbance to the natural vegetation or topography within the area shown on the approved plan. 9. Runoff Directed to Upland Drywells Roof runoff shall be directed to drywells a minimum of 75 linear feet landward of the tidal wetland boundary for immediate on-site recharge. ~ 10. Driveway/Parking Area of Pervious Material Driveway and parking areas shall be constructed of NYSDEC-approved pervious materials. 11. State Not Liable for Damage The State of New York shall in no case be liable for any damage or injury to the structure or work herein authorized wkich may be caused by or result from future operations undertaken by the State for the conservation or improvement of navigation, or for other purposes, and no claim or right to compensation shall accrue from any such damage. 12. State May Order Removal or Alteration of Work If future operations by the State of New York require an alteration in the position of the structure or work herein authorized, orif, in the opinion of the Department of Environmental Conservation it shall cause unreasonable obstruction to the free navigation of said waters or flood flows or endanger the health, safety or welfare of the people of the State, or cause loss or destruction of the natural resources of the State, the owner may be ordered by the Depathnent to remove or alter the structural work, obstructions, or hazards caused thereby without expense to the State, and if, upon the expiration or revocation of this permit, the structure, fill, excavation, or other modification of the watercourse hereby authorized shall not be completed, the owners, shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore to its former condition the navigable and flood capacity of the watercourse. No claim shall be made against the State of New York on account of any such removal or alteration. 13. Precautions Against Contamination of Waters All necessary precautions shall be taken to preclude contamination of any wetland or waterway by suspended solids, sediments, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious materials associated with the project. 14. State May Require Site Restoration If upon the expiration or revocation of this permit, the project hereby authorized has not been completed, the applicant shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore the site to its former condition. No claim shall be made against the State o£New York on account of any such removal or alteration. GENERAL CONDITIONS - Apply to ALL Authorized Permits: 1. Facility Inspection by The Department The permitted site or facility, including relevant records, is subject to inspection at reasonable hours and intervals by an authorized representative of the Department of Environmental Conservation (the Department) to determine whether the permittee is complying ~ith this permit and the ECL. Such representative may order the work suspended pursuant to ECL 71- 0301 and SAPA 401(3). Page 3 of 5 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-00578 The permittee shall provide a person to accompany the Department's representative during an inspection to the permit area when requested by the Department. A copy of this permit, including all referenced maps, drawings and special conditions, must be available for inspection by the Department at all times at the project site or facility. Failure to produce a copy of the permit upon request by a Department representative is a violation of this permit. 2. Relationship of this Permit to Other Department Orders and Determinations Unless expressly provided for by the Department, issuance of this permit does not modify, supersede or rescind any order or determination previously issued by the Department or any of the terms, conditions or requirements contained in such order or determination. 3. Applications For Permit Renewals, Modifications or Transfers The permittee must submit a separate written application to the Department for permit renewal, modification or transfer of this permit. Such application must include any forms or supplemental information the Department requires. Any renewal, modification or transfer granted by the Department must be in writing. Submission of applications for permit renewal, modification or transfer are to be submitted to: Regional Permit Administrator NYSDEC REGION 1 HEADQUARTERS SUNY ~ STONY BROOKI50 CIRCLE RD STONY BROOK, NY11790 -3409 4. Submission of Renewal Application The permittee must submit a renewal application at least 30 days before permit expiration for the following permit authorizations: Tidal Wetlands. 5. Permit Modifications, Suspensions and Revocations by the Department The Department reserves the right to modify, suspend or revoke this permit. Thc grounds for modification, suspension or revocation include: a. materially false or inaccurate statements in the permit application or supporting papers; b. failure by the permittee to comply with any terms or conditions of the permit; c. exceeding the scope of the project as described in the permit application; d. newly discovered material information or a material change in environmental conditions, relevant technology or applicable law or regulations since the issuance of the existing permit; noncompliance with previously issued permit conditions, orders of the commissioner, any provisions of the Environmental Conservation Law or regulations of the Department related to the permitted activity. 6. Permit Transfer Permits are transferrable unless specifically prohibited by statute, regulation or another permit condition. Applications for permit transfer should be submitted prior to actual transfer of ownership. Page 4 of 5 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Foc~ty DEC ID 1-4738-00578 NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS Item A: Permittee Accepts Legal Responsibility and Agrees to Indemnification The permittee, excepting state or federal agencies, expressly agrees to indemnify and hold harmless the Department of Environmental Conservation of the State of New York, its representatives, employees, and agents ("DEC") for all claims, suits, actions, and damages, to the extent at~uSbutable to the pennittee's acts or omissions in connection with the permittee's undertaking of activities in connection with, or operation and maintenance of, the facility or facilities authorized by the permit whet~er in~ compliance or not in compliance with the terms and conditions of the permit. This indemnification does not extend to any claims, suits, actions, or damages to the extent attributable to DEC's own negligent or intentional acts or omissions, or to any claims, suits, or actions naming the DEC and arising under Article 78 of the New York Civil Practice Laws and Rules or any citizen suit or civil rights provision under federal or state laws. Item B: Permittee's Contractors to Comply with Permit The permittee is responsible for informing its independent contractors, employees, agents and assigns of their responsibility to comply with this permit, including all special conditions while acting as the permittee's agent with respect to the permitted activities, and such persons shall be subject to the same sanctions for violations of the Environmental Conservation Law as those prescribed for the permittee. Item C: Permittee Responsible for Obtaining Other Required Permits Thc permittee is responsible for obtaining any other permits, approvals, lands, easements and rights-of- way that may be required to carry out the activities that are authorized by this permit. Item D: No Right to Trespass or Interfere with Riparian Rights This permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work nor does it authorize the impairmer~t of any rights, title, or interest in real or personal property held or vested in a person not a party to the permit. Page 5 of 5 .GURMET' OF LOT :lt6, E~LOGK "MAP OF= D, EIXII~ON E--'~TATES" pll F~ MARCH I&, Iq46 AD, # 14'72 DITUATE: E, OUTHOLP 'SUPPOLK ~, NY SITE DATA: C~.APHIC, 5~,ALE I"= 50' N James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 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 June 24,2009 Mr. Robert E. Herrmann En~Consultants, Inc. 1319 North Sea Rd. Southampton, NY 11968 RE: ELLIOT BRUCE & ORA JEAN HEATH 500 HIPPODROME DR., SOUTHOLD SCTM#66-2-13 Dear Mr. Herrmann: The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wed., June 24, 2009: RESOLVED, that the Southold Town Board of Trustees APPROVES the Amendment to Permit #6949 to include fencing and planting of Cypress trees, as depicted on the survey prepared by John C. Ehlers last dated May 8, 2009. This is not a determination from any other agency. Sincerely. James'F. King, Presidedt Board of Trustees JFK:lms SITE DATA: t~AY 1 8 2009 DIfJJ_llx~ ~ AREA 1414 ~,.F. 14~4 X O.H X I.O = ;241 N JOHN C. EHLERS 6 EAST MAI/q STRICT 369-8288 Fax 369-8287 N.Y.S. LIC. NO. 50202 RfVERHPms. D, N.Y. 11901 REF.-\\Compaqserve~l~OS~01~01-247 t~o~oscd house.pro James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Tow. sau %-/ 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD August 20, 2008 Mr. Robert E. Herrmann En-Consultants, Inc. 1319 North Sea Rd. Southampton, NY 11968 RE: ELLIOT BRUCE & ORA JEAN HEATH 500 HIPPODROME DR., SOUTHOLD SCTM#66-2-13 Dear Mr. Herrmann: The Board of Town Trustees took the following action during its regular meeting held on Wed., August 20, 2008 regarding the above matter: WHEREAS, En-Consultants, Inc. on behalf of ELLIOT BRUCE & ORA JEAN HEATH applied to the Southold Town Trustees for a permit under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance, application dated July 30, 2008, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council and to the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, the LWRP Coordinator recommended that the proposed application be found Inconsistent with the LWRP, and, WHEREAS, the Board of Trustees has furthered Policy 6.3 of the Local Waterfront Revitalization Program to the greatest extent practical through the imposition of the following Best Management Practice requirements: the installation of gutters and drywells in accordance with Chapter 236-Stormwater Management of the Town Code, the placement of a line of staked hay bales and silt fence prior to all construction activities and maintained until completion of the construction project, and a 10' non-turf buffer, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on August 20, 2008, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standards set forth in Chapter 275 of the Southold Town Code, and, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that for the mitigating factors and based upon the Best Management Practice requirements imposed above, the Board of Trustees deems the action to be Consistent with the Local Waterfront Revitalization Program pursuant to Chapter 268-5 of the Southold Town Code, and, RESOLVED, that the Board of Trustees approve the application of construct onto an existing two-story dwelling a northerly 9'X 13.8' two-story addition with a second-stow balcony and 6.5'X 18.3' entry porch and steps in place of the existing one-stow southerly portion of dwelling; construct onto northerly corner of dwelling a 6.5'X 8.5' patio with pergola; remove existing driveway and masonry walk and construct new stone walkway and pervious gravel driveway; install drainage system of drywells; and establish a 10' wide non-turf buffer, with the condition a line of staked hay bales is installed along the landward side of the non-turf buffer and maintained during construction, and as depicted on the survey prepared by John C. Ehlers last dated August 27, 2008. Permit to construct and complete project will expire two years from the date the permit is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Inspections are required at a fee of $50.00 per inspection. (See attached schedule.) Fees: $50.00 Very truly yours, James~PrOS~i'dent~ Board of Trustees JFK:lms BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 6949 DATE: AUGUST 20~ 2008 ISSUED TO: ELLIOT BRUCE & ORA JEAN HEATH PROPERTY ADDRESS: 500 HIPPODROME DR., SOUTHOLD SCTM#66-2-13 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 August 20~ 2008 in consideration of application fee in the sum of $250.00 paid by Elliot Bruce & Ora Jean H and subject to the Terms and Conditions as stated in the Resolution, the Southold Town Board of Trustees authorizes and permits the follow/ng: Wetland Permit to construct onto an existing two-story dwelling a northerly 9'X 13.8' two-story addition with a second-story balcony and 6.5'X 18.3' entry porch and steps in place of the existing one-story southerly portion of dwelling; construct onto northerly corner of dwelling a 6.5'X 8.5' patio with pergola; remove existing driveway and masonry walk and construct new stone walkway and pervious gravel driveway; install drainage system of drywells; and establish a 10' wide non-turf buffer, with the condition a line of staked hay bales is installed along the landward side of the non-turf buffer and maintained during construction, and as depicted on the survey preparedI by John C. Ehlers last dated August 27, 2008. iN WITNESS WHE][LEOF, the said Board of Trustees hereby causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this date. SOUTHOLD TRUSTEES THIS NOTICE MUST BE DISPLAYED DURING CONSTRUCTION TOWN TRUSTEES OFFICE,TOWN OF SOUTHOLD SOUTHOLD, N.Y. 11971 ' TEL.: 765-18~2 OF LOT :ITS, BLOCK. "HAP OP 13EIXIDON E-'~TATE-~" FILED HARCH 16, Iq4~ A~ # 14-/,2 51TUATE: 501./THOLP '1'01'~: APPROVED BY BOARD OF TRUSTEES TOWN OF SOUTHOLD IDATE ~',~? ;'~' o 8 SITE DATA: EXIST[NG ~ PROPOSED LOT COVERAGE: L980 S.F. 17.05[ · HOt~'l~ F-Or'ND N JOHN C. 6 EAST MAI/q ~ RIVERHEAD, N.Y. 1 lgOl _,AND SURVEYOR 369-~288 F~x 369~287 N,Y.S. LIC. NO. 50202 CC #: C09-29748 COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original DECLARATION recorded in my office on07/2912009 under Liber D00012594 and Page 785 and, that the same is a true copy thereof, and of the whole of such originar. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this 07~29~2009 SUFFOLK COUNTY CLERK JUDITH A. PASCALE SEAL SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION Number of Pages: 4 Receipt Number : 09-0085325 District: 1000 Recorded: At: 07/29/2009 09:17:36 AM Page/Filing COE TP-584 Cert. Copies Received the Following Fees For Above Instrument Exempt Exempt $20.00 NO Handling $20.00 NO $5.00 NO NYS SRCHG $15.00 NO $0.00 NO Notation $0.00 NO $5.20 NO RPT $30.00 NO Fees Paid $95.20 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County LIBER: D00012594 PAGE: 785 Section: Block: Lot: 066.00 02.00 013.000 EXAMINED AND CHARGED AS FOLLOWS Number of pages d This document will be public record. Please remove all Social Security Numbers prior to recording. Deed / Mortgage instrument Deed / Mortgage Tax Stamp Recording / Filing Stamps FEES R ge/Fiung Fee Handling (~. 00 TP-584 E~,-S2 1 7 (County) E~-52 f 7 (State) R T.S.A ,'?-0 Ch Corem of Ed. S. 00 Affidavit NY5 Surcharge 15. 00 Other Rea i/ TaXA \ 9X~_~ 6 SubTotal SubTotal Grand Total 1000 06600 0200 013000 013000 Satisfactions~Discharges~Releases List Property Owners Mailing Address RECORD & RETURN TO: En-Consultants, Inc. 1319 North Sea Road Southampton, NY 11968 Mortgage Amt, 1. Basic Tax 2. Additional Tax Sub Total Spec./Assit or Spec./Add. TOT. MTG. TAX Dual Town __ Dual County __ Held for Appointment Transfer Tax Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only, YES or NO If NO, see appropriate tax claL~se on page # __ of this instrumeht. 5 Community Preservation Fund Consideration Amount $ CPF Tax Due $ improved VacantLand TD I0 TD TD Ma[Itu: Judith A. Pascale, Suffolk County Clerk I 7 I 310 Center Drive, Riverhead, NY 11901I Co. Name www.suffolkcountyny.gov/clerk I Title # Title Company Information Suffolk County Recording & Endorsement Page This page forms part of the attached Declaration of CovCn~O by: (SPECIFY TYPE OF INSTRUMENT) ~'] I~'O't- Bruce Heath The premises herein is situated in Ora ~ean Heath SUFFOLK COUNTY, NEWYORK. made TO In the TOWN of Southold Town of Southold In the VILLAGE Board of Trustees or HAMLETof Southold BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) DECLARATION OF COVENANTS THIS DECLARATION made this ~ ~ day of Bruce Heath and Ora Jean Heath, residing at 500 Hippodrome ~1791, hereinafter referred to as "DECLARANTS": 2009, by Elliot Drive, Southold, W I TNE S S E TH : WHEREAS, DECLARANTS are the owners of certain real property located on Hippodrome Drive, Southold, Town of Southold, County of Suffolk, State of New York, described in the Suffolk County Tax Map as District !000, Section 66, Block 02, Lot 13, which is more particularly bounded and described as set forth in "Schedule A" annexed hereto, hereinafter referred to as the Property; WHEREAS, the Property is situated on lands within the jurisdiction of the Board of Trustees of the Town of Southold (hereinafter the "Trustees"/ pursuant to Chapter 275 of the Town Code of the Town of Southold or its successor, and various activities conducted upon the property may thus be subject to the regulation and approval of the Trustees prior ho being conducted; WHEREAS, the DECLARANTS therefore made application to the Trustees for a permit pursuant to the Wetlands Law of the Town of Southold to undertake certain regulated activities; and WHEREAS, as a condition of the granting of a Wetlands Permit to undertake such regulated activities, the Trustees required that a ten-foou wide "nonturf buffer" be maintained adjacent to and landward of the exlsting 15-foot wide easement traversing the Property, as described i~ Schedule A, NOW, THEREFORE, the DECLARANTS do hereby covenant and agree as follows: 1) There shall be maintained adjacent to and landward of 'the above described easement a ten-foot wide "nonturf buffer" as otherwise defined by Chapter 2'75 of the Town Code; 2) This requirement may only be modified by the DECLARANTS, their heirs, assigns, purchasers, or successors in interest upon resolutkon of the Trustees. IN WITNESS WHEREOF, the owners have duly day of {'PZ.~--~- , 2009. executed this instrL~ent this Elliot Bruce Heath STATE OF COUNTY OF On the ~' day of ,~.~ ~_ in the year 2009, before me the undersigned, a Notary Public in and for sai~ State, personally appeared Elliot Bruce Heath and Ora Jean Heath, personally known to me or proved me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their capacity, and that by their signatures on the instrument, the individual or the persons on behalf of which the individuals acted, executed the instrument. John M. Jud(~e NOTARY PUBLIC. State of New York No. 01JU6059400 Q Jalified Itl Suffolk County Commission Exp res May 29, 20 [.~ SCHEDULE A ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, shown mad designated on a certain map entitled, "Map of Beixedon Estates, Town of Southold, Suffolk County, New York, property of Grace R. Nickles, formerly Grace Rogers DeBeixedon", made by Otto W. Van TuyI, Licensed Surveyor, and filed in the Suffolk County Clerk's Office on March 16, 1946 as Map No. 1472, as and by Lot Numbered 8 in Block numbered 4 on said Map. Said premises are also described as follows: BEGINNING at a monument set on the northerly line of Hippodrome Drive at the southwesterly comer of Lot 7 and the southeasterly comer of Lot 8 shown on "Map of Beixedon Estates", filed in the Suffolk County Clerk's Office as Map # 1472; RUNNING THENCE along said northerly line of Hippodrome Drive, S. 60° 20' 40" W., 109.0 feet to ordinary high water mark of Hippodrome Creek; THENCE northwesterly along said high water mark, 115 feet, more or less, to a point on the southerly line of Lot 9 shown on said map, said point being N. 77° 58' 30" W., l 11.60 feet from the last described point; THENCE along said Lot 9, N. 48° 40' 40" E., 177.0 feet to a monument set at the southwesterly corner of Lot 6, shown on said map; THENCE along said Lot 6, N. 60° 20' 40" E., 19.0 feet to a monument and the northwesterly comer of said Lot 7 shown on said map; THENCE along said Lot 7, S. 29° 39' 20" E., 111.0 feet to the POINT OF BEGINNING. SUBJECT TO an easement 15 feet in width across the premises. ~ 5~DW~D W. G[b~L~M, residing az (no #) Rogers Road, 8ontbole, - ~%N M. G~. Pe~iding ~? 9 T~o Hol~s { ' }gter ko.d, g~s~ {~m=ton, New ko~k 1193?~' mhd LA~ENCE T. ~R % re~din~ ~% gpo ~f~lker [to~d. Gre~ F~ll~, vlrglnl~ ~, 5." ~,~.~ ~I~ ~UCE ~TH~ III .nd ~l~,~hls wife, l~.4~.~ia~e TOWn Of Southo!d, ounty of Suffolk and State o- Ne..' Eztat~. To~ of oouthold, Suffolk bounty, New York, proart' of R. Nlckl*s. fo~ly Grace Rogers ~Beixedon".~.made by Ot~o Ll~ed ~eyor, and filled in the Suffolk Co~ty Clerk's 0ffic~ on ~16.~ 19k6~ as Map No. 1472, as and ~ Lot ~bered S in ~e ~r~les o. ~he ..lrw~ gmrt ~re the s~me ~r~on~ as the ~:tee., ~}e~ f~' L~ence T. G~mhmm, dated ~/13/80,,.~ecoPded 6/16/80 lz, Liar ~837 C~ ~ st e mon~nt set on t~ northerly l~e of Hi--me ~ive ~ on "~p of ~ixedon Estatesw, filed tn the' S~folk C~ ~i~ ~eek; ~CE nort~sterl~ along said hi~ ~ter mar~, 115 feet, more or lees, to a ~int on ~e southerlF ll~ of Lot said asp, said ~int ~lng N, ~' ~' 30" W., 111,~ feet ~om the las~ des~i~d ~lnt; ~NCE along said Lot 9, N. ~8~ 40' 40" E., 1~.0 feet ~ ~ mount set at the sout~esterly co.er of ~t 6. sho~ ~PL ~ along said ~t 6, N. ~e ~, 40" E., 19.0 feet t? a ~ ~ ~sterly co.er of said ~t 7 sho~ on said ~p, ~E ~ ~ ~ ease~nt 1~ feet In width across ~e ~lses. ELLIOT AND ORA JEAN HEATH~ 500 HIPPODROME DRIVE~ SOUTHOLD Figure 1. Looking northwest at southerly side of house and 1) one-story porch and second-story deck to be replaced with two-story addition and front entry porch and steps (left); and 2) proposed location of two-story addition to southeusterO, corner of house (right). Figure 2. Looking east at northerly side of house and 1) proposed location of palio with pergola (righO; and 2) prolapsed location of twos-story addition io northeaster~ corner of house (rear). ELLIOT AND ORA JEAN HEATH~ 500 HIPPODROME DRIVE, SOUTHOLD Figure 3. Looking southeastji~om existing dwelling over easement driveway and toward Hippodrome Creek tidal wetlands Town of Southold ~,~-I LWRP CONSISTENCY ASSESSMENT FORM INSTRUCTIONS 1~ AIlapplicantsforpermiU*includingTownofSoutholdagencies, shullcompletethisCCAFfor proposed actions that are subject to the T0wn0fS0uth01dWaterfr0ntC0nsistencyReview Law. This assessmentisintendedt0 supplement0therinf0rmati0n used byaT0wn 0fS0uth01dagency in m a k in g a d e t e r m in a ti0 n 0 f c 0 n s i ste n c y. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. 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- suDoortin~ facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. SCTM# A copy of the LWP,.P 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. DESCRIPTION OF SITE AND PROPOSED ACTION 66 2 13 PROJECT NAME ELLIOT BRUCE & ORA JEAN HEATH The Application has been submitted to (check appropriate response): TownBoard [~ Planning Board ['--] BuildingOept.[~ BoardofTrusteesE~ 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 extent of action: Alter roof of existing two-story dwelling to allow for a 6' x 12' roof deck and the expansion of the existing second floor to the perimeter of the existing first floor walls in the northeast comer of the dwelling; construct a 8' x 24.4' second-story addition with a second-story balcony and 6.5' x 18.3' entry porch (including steps) in place of the existing one-story southerly portion of the dwelling to be removed; construct a 11.7' x 13.5' two-story addition (partially in place of existing porch) in southeasterly comer of dwelling; remove existing driveway and masonry walk and construct new stone walkway and pervious gravel driveway; install drainage system of drywells; and establish 10'-wide non4urf buffer on landward side of existing stone driveway located in existing access easement, all as depicted on the site plan prepared by John C. Ehlers Land Surveyor, last dated October 30, 2008. Location of action: 500 HIPPODROME DRIVE, SOUTHOLD Site acreage:. 0.35 ACRES Present land use: RESIDENTIAL, ONE-FAMILY DWELLING Present zoning classification: R-40 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: ELLIOT BRUCE & ORA JEAN HEATH (b) Mailing address: P.O. BOX 232 SOUTHOLD, NY 1971 (c) Telephone number: Area Code 631-765-492:2 (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 ~ 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 The project is consistent with Policy 3 insofar as it shall establish a 10' wide nonturfbuffer to be planted with native vegetation on the landward side of an existing lraveled easement between the adjacent tidal wetlands and developed property, thus creating a more natural appearance to the most seaward developed portion of the property. 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 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 The project will improve water quaIity by reducing the volume of runoff adjacent to Hippodrome Creek through installation of a drainage system of drywells and reducing the volume and improving the quality of surface water runoff adjacent to Hippodrome Creek through establishment of a nonturf buffer to be planted with native vegetation landward of the existing traveled easement located between the developed portion of the property and the adjacent wetlands. Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southoid 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 Due to the location of the existing house and configuration of the parcel, it is impossible to situate the additions (or to move the house) more than 100 feet from wetlands, but the project will be consistent with Policy 6 due to the limited scope and location of the proposed additions, which except for the southerly porch and steps will be located over the existing house footprint or to the landward sides of the existing house footprint, and all additions will meet or exceed the existing wetlands setback. Consistency with Policy 6 is furthered via installation ora drainage system of drywells to reduce the volume of roof runoff and establishment of a planted nonturfbuffer to reduce the volume and improve the quality of surface water runoffadjacent to Hippodrome Creek. With respect to compliance with the rules and regulations of the NYS DEC & Town of Southold Trustees, wetlands permits from both agencies have been issued for the project. 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[5 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 III - Policies; Pages 38 through 46 for evaluation criteria. Yes ~ NoN Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Po. licy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in statable locations. See LWRP Section IH - Policies; Pages 47 through 56 for evaluation criteria. [~] Yes [~] No [5~ Not Applicable Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. [~ Yes [~ No [5~ 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 [5~ Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. ~-] Yes [--I No [5~1 Not Applicable PREPARED BY T~RRM ROBER ANN TITLE COASTAL MGMT SPECIALIST DATE 11/3/09 Amended on 8/1/05 NOTE: G,C. TO VEi~FY w/OWNER EX[STING WINDOWS TO BE RE-USED PP~OR TO BIDDING ~ CONSTRUCTION 1ST. FLOOR PLAN SCALE: 1/4" = 1'-0' ~) PROJECT NORTH ACTUAL NORTH WALL LEGEND I [ +SDEG. RAY CN15-CW25. =(2} 1-3/+XI~* HL FL. HDR. I BREAKFAST NOOK' ~ L ,, C ~,,~.~ ' , 10-0 +/-AFF I~ SLOPED EXISTIN~ ~TCHE] CW155-3 ~ ......................... :, ;; - . I~ ........................... .... ', m (41 lt-7/g ~L ............. ~ " - [,i,~ . , I ,h WALK-IN CLOSET ~ , I,~ '1" - , ~ ,x ENTRY (2) 2X+ POST COVERED PORCH 3 - 3052 RECEWED ~ml ! 2 7009 ~ OA;~D Ok~ APPEALS e-mall: mlch~el@mchde~lgnsewlce~.com DRAWN BY: MH November 06, 20( SCALE: 1/4" = 1'-0''1 SHEET NO: NOTE: G,C. TO VERI[FY wY OWNER EXISTING '~ DOWS TO DE RE-USED PR[OR TO BEDDING ~ CONSTRUCTION 2ND. FLOOR PLAN SCALE: 1/4" = 1'-0' ~) PROJECT NORTH ACTUAL NORTH EXISTING BATH WALL LEGEND I TO BE HIDDEN DECK TIMBERTE£N DECKING EXISTING BATH / / STEP UP LANDING (2) 2X4 POST HALl ' LNDRYJ RM. No. 2 [2) 2X4 POST BALCONY 35'-9" REcEiVED NOV 1 BOARD OF APPEALS M D H www.mchdesignservices.com phone: (631) 298-2250 e-marl: micha el~mchd esig nservices.oo m Z 0 0 DRAWN BY: MH November 06, 20~ SCALE: 1/4" = 1'-0" SHEET NO: