HomeMy WebLinkAbout1000-81.-1-16.7 OP'P1CE LOCATION:
Town Hall Annex
54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
8outhold, NY 11971
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
Telephone: 631 765-1938
Fgx: 631 765-3136
LOCAL WATERFRONT REVITALIZATION PROGRAM
TOWN OF SOUTHOLD
MEMORANDUM
To: Leslie Weisman, Chair
Town of Southold Zoning Board of Ap, p,p,p,~ls
From: Mark Terry, Principal Planner x~''-r-
LWRP Coordinator'~
Date: June 21, 2010
Re: MARY ZUPA #6394
SCTM#1000-81-1-16.7.
MARY ZUPA #6394: Request for Variance from Code Section 280-14, based on an
application for building permit to build a new single family dwelling in addition to an existing
marina, and the Building Inspector's March 24, 2010, Amended April 1, 2010 Notice of
Disapproval stating that the proposed construction is not permitted unless the same conforms
to the Bulk Schedule and Parking Schedule proposal is at less than the code required 80,000
sq. ft. of land. Location of Property: 580 Basin Rd., (adjacent to Southold Bay)Southold, NY.
SCTM#1000-81-1-16.7. Zone: R-80. (The Zoning Board of Appeals, in its Decision # 5244
dated August 2, 2004, granted the applicant relief from the 80,000 sq. ft. requirement to allow
the construction of a new single family dwelling, however, the grant was conditioned upon
either the abandonment of the existing, legal non-conforming marina use or the grant of a
vadance pursuant to Section 280-121G that would allow the non-conforming use to continue in
conjunction with the single family dwelling - a permitted use. This application is being made to
fulfill this condition.)
This coastal consistency review addresses the proposed marina use only.
The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the
Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy
qtandards. Based upon the information provided on the LWRP Consistency Assessment
' submitted to this department, as well as the records available to me, it is my
'ndation that the proposed action is CONSISTENT with the below listed Policy
Standards and therefore is CONSISTENT with the LWRP provided that the following
recommendations to further the below listed policies are implemented.
10.3 Allow for continuation and development of water-dependent uses within the existing
concentration of maritime activity in harbors, inlets and creeks.
The marina is "as built" with bulkheads, a dock with finger piers and parking.
10.4 Minimize adverse impacts of new and expanding water-dependent uses and provide for
their safe operation.
A. Limit the potential for adverse impacts associated with development ora new
water-dependent use by promoting the location of new development at appropriate
sites. Appropriate sites include:
1. sites which have been previously developed,
The intent of the boat basin and associated structures is for the use
of the lot owners of the Paradise Point Association Inc. The marina
is "as built" with bulkheads, a dock with finger piers and parking;
2. sites which require minimal physical alteration to accommodate
development,
No alteration to the existing marina configuration is proposed.
3. sites that already possess public infrastructure or Iocational characteristics
that would support a water-dependent use.
As stated above, the marina is currently improved with bulkheads
and a dock structure.
B. Avoid development of new water-dependent uses at sites that are located
outside of the traditional concentrations of water-dependent uses or at sites that
exhibit important natural resource values or where the proposed use will cause
significant adverse affects on community character, surrounding land and water
uses, or scenic quality.
The existing marina use will not cause significant adverse affects on
community character, surrounding land and water uses, or scenic quality.
Pursuant to Chapter 268, the Southold Town Zoning Board of Appeals shall consider this
recommendation in preparing its written determination regarding the consistency of the
proposed action.
Cc: Jennifer Andaloro, Assistant Town Attorney
Albert J. Krupski', President
James King, Vice-President
Artie Fester
Ken Poliwoda
Peggy A. Dickerson
January22,2003
BOARD OFTOWNTRUSTEES
TOWN OFSOUTHOLD
Town Hall
53095 Route 25
P.O, Box 1179
Southold, New York 11971-0959
Telephone (631) 765-1892
Fax (631) 765-1366
Ms. Catherine Mesiano
Catherine Mesiano, Inc.
12 Mill Pond Lane
East Moriches, NY 11940-1222
MARY S. ZUPA
580 BASIN ROAD, SOUTHOLD
SCTM#81-1-16.7
Dear Ms. Mesiano:
The Board of Town Trustees took the following action during its regular meeting held on
Wednesday, September 25, 2002 regarding the above matter:
WHEREAS, Catherine Mesiano, Inc. on behalf of MARY S. ZUPA applied to the Southold
Town Trustees for a permit under the provisions of Chapter 97 of the Southold Town Code, the
Wetland Ordinance of the Town of Southold, application dated July 3, 2002, and,
WHEREAS, said application was referred to the Southold Town Conservation Advisory Council
for their findings and recommendations, and,
WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on
September 25, 2002, at which time all interested persons were given an opportunity to be heard,
and,
WHEREAS, the Board members have personally viewed and are familiar ~vith the premises in
question and the surrounding area, and,
WHEREAS, the Board has considered all the testimony and documentation submitted
concerning this application, and,
WHEREAS, the structure complies with the standards set forth in Chapter 97 of the Southold
Town Code,
WHEREAS, the Board has determined that the project as proposed will not affect the health,
safety and general welfare of the people of the town,
NOW THEREFORE BE IT,
RESOLVED, that the Board of Trustees approve the application of MARY S. ZUPA to
construct a single-family dwelling, porch and patio, on-site sewage disposal system, free form in-
ground (gunite) pool (approx. 16'X 32') and pervious driveway, replacement of a 495' bulkhead
and install approx. 52' of low-sill bulkhead for erosion control, and install 4' ~vide steps to the
bay. Re-vegetate approx. 640 sq.ft, landward of the new low-profile wall with spartina
altemiflora 18" on center, re-vegetate section of buffer area, and removal of the existing asphalt
driveway, with the following conditions: Drywells and gutters to the house, drywell for the
backwash of the pool, haybales at the buffer area prior to construction and during construction, a
work plan describing how the work will be conducted, and as depicted on the approved plan last
revised January 24, 2003 and survey last revised January 23, 2003.
BE IT FURTHER RESOLVED that this determination should not be considered a determination
made for any other Department or Agency, which may also have an application pending for the
same or similar project.
Permit to construct and complete project will expire two years from the date the permit is signed.
Inspections are required at a fee of $5.00 per inspection. (See attached schedule.)
Fees: $10.00
Very truly yours,
President, Board of Trustees
AJK/lms
Board Of Southold Town Trustees
SOUTHOLD, NEW YORK
PERMIT NO...~..~ DATE:S~pt. 25 5.002
MARY S. ZUPA
ISSUED TO
Pursuant to the provisions of Chapter 615 of the Laws of
the State of New York, 1893; and Chapter 404 of the Laws of the
State of New York 1952; and the Southold ToWn Ordinance en-
titled "REGULATINC~ AND THE PLAClNC= OF OBSTRUCTIONS
IN AND ON TOWN WATERS AND PUBLIC LANDS and the
REMOVAL OF SAND, C=RAVEL OR OTHER MATERIALS FROM
LANDS UNDER TOWN WATERS:": and in accordance with the
Resolution of The B6ard adopted at a meeting held on ..~.e~q;c ~ 2.~ ,.
:~°0~., and in consideration of the sum of $ ~.~0..~0 . paid by
Mar~ ..~.: Zupa
Southold
of ; N.Y. and subiect to the
Terms and Conditions hsted on the reverse side hereof,
of Soufhold Town Trustees authorizes and permits the following:
(SEE ATTAGHED)
580 Basin Rd., Southold SGTM#81-1-16.7
all in eccordance with the detaibd specifications as presented in
the originating application.
IN WITNESS WHEREOF, The said Board of Trustees here-
by causes ifs Corporate Seal t.o be affixed, and these p.resenfs to
be subscribed by a majority ot the sa,d Board es of th*s date.
Trustees
TERIdS and C, ONDITIONS
The permitte¢
Mary S. Zupa
4565 Paradise Point Rd., Soutl~old N. Y, as
r~i~g at
part of the consideration for the issuance of the p~rmit does unde~tand and presceibe to the roi-
lowing:
1. That ~e said Board of Trustees and the Town of Southold are released from any and
all a.,~ages, or d~im~ for a.,~ages, of ~uits arising di~ctiy o~ indice~y m a result of any ope~-
trion pe~om~ed ~,~ant to tl~ pe~it, an~ the ~ 1~,-,~ ~ ~: ~ o~ ~ own
defend any and aH such m~ts'inRiated by third pa~ie~ and the ~ p,-emlttee asmme~ full
2. That this Permit i~ valid ~o~ a period of m~. which is conslch~d to be the
estimated ~me required to complete the wotic involved, but shonld ci~cumstance~ wan'ant, request
for an extension may be m~de to the ~ at a ~ dat~
3. That this Pet~n~t should be retained indefinitely, or as long as the said Petmh~ee wlsbe~
to maintain the structure or pv0ject involved, to p~ovide evidence to anyone concerned that anth-
orization was otig~nally obtained.
4. That the work involved will be subject to the inspection and approva~ of the Board o~
its aganCs, and non-compliance with the provisions of the oti~it~fing tppl~cation, may be cause for
vevoca6on of this Permit by resointion of the said Boz~d.
5. That ~nere will be no unrnasonable interference with navigation as a remit of the work
herein adthor~zed.
' 6. That there ~hall be no intet~ecence with the t~ht of the public to ~ and tepa~
the beach between high and low water marks.
7. That i~ future operations of the Town of Southold z~p~e the ~ and/or ah~tions
in the location of the work herein authorized, or i~, in the opinion of the Board of Tm.~ee~ the
work shah cause unrea.~nable obstx'ucuon to free navigation, the said Pe. tmictee will be
upon due notice, to remove or alter t~s work o~ project herein stated without expenses to the Town
of Sonthold.
8. That the said Board will be notified by the Petmi~tee o~ ~ho completion o~ the work
orized.
9. That the Permittee will obtain all other permits and con~ent~ that may be required
plemental to this permit which may be mbject to revoke upon faiin~e to olr, aln
Albert'& Krupski, President
James King, Vice-President
Attic Foster
Ken Poliwoda
Peggy A. Dickerson
BOARD OFTOWNTRUSTEES
TOWN OFSOUTHOLD
Town Hall
53095 Route 25
P.O. Box 1179
Southold, New York 11971-0959
Telephone (631) 765-1892
Fax (631) 765-1366
MARY S. ZUPA
580 BASIN ROAD, SOUTHOLD
SCTM#81-1-16.7
Wetland Permit #5636 to construct a single-family dwelling, porch and patio, on-site sewage
disposal system, free form in-ground (gunite) pool (approx. 16'X 32') and pervious driveway,
replacement of a 495' bulkhead and install approx. 52' of low-sill bulkhead for erosion control,
and install 4' wide steps to the bay. Re-vegetate approx. 640 sq.ft, landward of the new Iow-
profile wall with spartina alterniflora 18" on center, re-vegetate section of buffer area, and
removal of the existing asphalt driveway, with the following conditions: Drywells and gutters to
the house, drywell for the backwash of the pool, haybales at the buffer area prior to construction
and during construction, a work plan describing how the work will be conducted, and as depicted
on the approved plan last revised January 24, 2003 and survey last revised January 23, 2003.
.~Jbert J.'Krupski, President
James King, Vice-President
Artie Foster
Ken Poliwoda
Peggy A. Dickereon
Town Hall
§3095 Route 25
P.O. Box 1179
Southold, New York 11971-0959
Telephone (631) 765-1892
Fax (631) 765-1366
BOARD OF TOWN TRUSTEES
TOWN OF sOUTHOLD
YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES
72 HOURS PRIOR TO COMMENCEMENT OF THE WORK, TO MAKE AN
PRE-CONSTRUCTION INSPECTION. FAILURE TO DO SO
APPOINTMENT._FOR A ION AND POSSIBLE REVOCATION OF THE
SHALL BE CONSIDERED A VIOl-AT
PERMIT.
MARY ZUPA
INSPECTION SCHEDULE
XX
Pre-construction, hay bale line
1st day of construction
Y2 constructed
Project complete, compliance inspection.
FROM [C MESIANO INC. F~]],C NO. :6G1-878-SD51 Jan. 24 2C~0~ 10:08~H P2
RE:
WETLAND PERMT
MARY ZUPA
580 BASIN ROAD, SOUTHOLD
It is the intention of the applicant to undertake all restorative and stabilizatio
activity as soon as practical, subsequent to a favorable decision by the Southol~
Board of Zoning Appeals (the "ZBA") regarding an application which is currently
pending. The application was filed in November, but no date for a hearing has
been set by the ZBA. Assuming a favorable decJsion after a hearing in mid
March, and that the marine contractor identified for the restorative and
stabilization operations has not been pre-empted by other work, the plan is for
the bulkhead replacement, installation of the stairway and installation of the Iow
sill bulkhead to commence in April, with the shoreline stabilization plantings and
buffer plantings to commence thereafter. It is anticipated that these operation~
wi/J be completed within approximately 45 to 60 days from commencement.
Assuming this schedule, groundbreaking for the residential site Jmprovemeni~
should commence in the May-June time frame. This work wi{I be preceded bY
installation of a row of staked hay bales placed a minimum distance of 50' frorr
the landward edge of the tidal wetland boundary or bulkhead. All work on this sit{
will be done in accordance with best practices and which is normally done witt
similar sites under similar conditions to protect the wetlands. It is anticipated that
the project will take approximately one year to complete.
SEA LEVEL
MAPPING
Sheer. I OF I
N
Southold Bay
Plan View
SGALE I"=
SCT~ 1000-81-1-16.~
Southold, New York
Tide t~-ange: 2,5 /-
IDoLum: N®VID'2q
PLAN~
"Low Sill" Bulkhead
Cross Section NT~
plonk
;ross Section
LonCl o~ Zupo
Boat Ba¢in
Boat Basin
d¢od m¢n i ALYq
"C-LOC"
Detail (top view) "~
SOUTHOLD TRUSTEES
Address 'o
THIS NOTICE MUST BE DISPLAYED DURING CONSTRUCTION
TOWN TRUSTEES OFFICE,TOWN OF SOUTHOLD
SOUTHOLD, N.Y. 11971
TEL.: 765-1892
Albert J. Krupski, President
James King, Vice-President
Artie Foster
Ken Poliwoda
Peggy A. Dickerson
Town Hall
53095 Route 25
P.O. Box 1179
SouthoId, New York 11971-0959
Telephone(631) 765-1892
Fax(631) 765-1366
BOARD OF TOWN TRUSTEES
TOWN OFSOUTHOLD
July 21,2004
Mrs. Mary S. Zupa
4565 Paradise Point Rd.
Southold, NY 11971
RE:
580 BASIN RD., SOUTHOLD
SCTM#81-1-16.7
Dear Mrs. Zupa:
The following action was taken by the Southold Town Board of Trustees at their Regular
Meeting held on Wed., July 21,2004:
RESOLVED that the Southold Town Board of Trustees grants a One-Year Extension to
Permit #5636, as issued on September 25, 2002.
This is not an approval from any other agency.
if you have any questions, please do not hesitate to contact this office.
Sincerely,
Albert O. Krupski, Jr.
President, Board of Trustees
AJK:lms
Albert J. Krupski, President
James King, Vice-President
Artie Foster
Ken Poliwoda
Pegg~y A. Dickerson
Town Hall
53095 Route 25
P.O. Box 1179
Southold, New York 11971-0959
Telephone (631) 765-1892
Fax (631) 765-6641
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
August 24, 2005
Mrs. Mary Zupa
4565 Paradise Point Rd.
Southold, NY 11971
RE: 580 BASIN RD., SOUTHOLD
SCTM#81-1-16.7
Dear Mrs. Zupa:
The following action was taken by the Southold Town Board of Trustees at their Regular
Meeting held on Wednesday, August 24, 2005:
RESOLVED that the Southold Town Board of Trustees grants the last One-Year
Extension to Permit #5636, as issued on September 25, 2002.
This is not an approval from any other agency.
If you have any questions, please do not hesitate to contact this office.
Sincerely,
Albert J. Krupski, Jr.
President, Board of Trustees
AJK:lms
TOWN OF SOUTHOLD
FORM NO. 3
NOTICE OF DISAPPROVAL
DATE: March 24, 2010
Amended: April 1, 2010
TO:
John Harras of
Harras Bloom & Archer LLP for - '
Mary Zupa
445 Broad Hollow Road
Suite 127
Melville, New York 11747
Please take notice that your application dated February 16, 2010
For permit for construction of a single family dwelling in additiOn to an existing marina at
Location ofpr0perty: 580 Basin Road, Southold, NY
County Tax Map No. 1000 - Section 8~l
Block 1_ Lot 16.7
Is returned herewith and disapproved on the following grounds:
The proposed construction of a single family dwelling, on this nOn-conforming lot, in the Residential
R-80 District, is not permitted pursuant to Article III Section 280-14, which states:
"No building or premises shall be used and no building or part thereof shall be erected or altered in the
AC, R80... Districts unless the same conforms to the Bulk Schedule and Parkir~g Schedule
incorporated into this chapter with the same force and effect as if such regulations were set forth herein
full.'; Bu!~c..SCh~du!~
Area variance granted per ,ZBA decision #5266 which conditions issuance of a building permit on
obtaining an additional variance should the marina remain.
Authorized Signature
Amended to remove third story variance.
Note to Applicant: Any change or deviation to the above referenced application~ may require
further review by the Southold Town Building Department.
CC: File, ZBA
APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS
HouseNo. 580 Street BASIN ROAD Hamlet SOUTHOLD
SCTM1000 Section 81 Block 1 Lot(s) 16.7 Lot Size 1.7 Zone R80
I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR
DATED .3/.24/,2_ 0,1_ 0_ BASED ON SURVEY/SITE PLAN DATED 3 / 31 / 10 .
Applicant(s)/Owner(s): Mary S. Zupa and Victor g. Zupa
Mailing Address: 4565 Paradise Point Rd. Southold NY 11971
Telephone: 6317656112 Fax: 6317656119 Emaii: mzupa@optonline .net
NOTE: In addition to the above, please complete below if application is signed by applicant's attorney, agent,
architect, builder, contract vendee, etc. and name of person who agent represents:
Name of Representative: for ( ) Owner ( )Other:
Address:
Telephone: Fax: Email:
Please check to specify who you wish correspondence to be mailed to, from the above names:
(:4 Applicant/Owner(s), ( ) Authorized Representative, ( ) Other Name/Address below:
WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN
DATED q./qq ./q c~ and DENIED AN APPLICATION DATED 3/24/10 FOR: ( ~ Building Permit amended 4 / 1 / 10
( ) Certificate of Occupancy ( ) Pre-Certificate of Occupancy
( ) Change of Use
( ) Permit for As-Built Construction
( ) Other:
Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning
Ordinance by numbers. Do not quote the code.) Art I I T Sec t ion 2 80 - 14
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 (~l has, ( ) has not been made at any time with respect to this propert3',
UNDER Appeal No(s).4 314,52 66Year(s). 1995 ~C~C~. . (Please be sure to
research before completing this question or call our office for assistance)
Name of Owner: ZBA File #
REASONS FOR APPEAL {additional sheets may be ased u, ith preparer's si~nature¥..
.,IRE/I VARI,4NCE REASONS:
{1) An undesirable change will not be produced in the CtIARACTER of the neighborhood or a
detriment to nearby properties if granted, because:
the construction of a one family residence is consistent with all
surrounding properties which are developed as residences.
(2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the
applicant to pursue, other than an area variance, because:
variance is only method designated by ZBA
(3) The amount of relief requested is not substantial because:
the property has always been a residential lot as shown in the Town's tax
records. It is a 1.7 acre lot in a residential area where surrounding lots
are less than 1 acre.
(4) The variance ~vill NOT have an adverse effect or impact on the physical or environmental conditions
in the neighborhood or district because:
the property is in a R80 zoning district. The DEC, the Trustees and the
County Health Department have issued permits for the construction of a
one family residence demonstrating the absence of such adverse impacts.
(5) Has the alleged difficulty been self-created? ( )Yes, or (:~No.
Are there Covenants and Restrictions concerning this land: [] No. ~"¥es (please t'urnish coov).
E. nvironmental c,o, venants with DEC entered into by Mary gupa.
This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the
charactcr of the neighborhood and the health, safety, and welfare of the community.
Check this box ( ) IF .4 USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE
ATTACHED USE F.4RL4NCE SHEET: (Please be sure to consult your attorney.)
Signature pf/~l~pgl~nOr Authorized Agent
(Asent mun ~ul~l ~en/(/atho~tzation from Owner)
Sworn to before me this (
Notary Public
VICKI TOTI't
Notary Public, State of N~w ~n%
No. 011'06190696
(~lified in Suffolk Coullty ~ .-,
~,on'.'t,,!~ioi~ Expires July 28, 2l)J_~
APPLICANT'S PROJECT DESCRIPTION
(For ZBA Reference)
Applicant: Mary S. Zupa and Victor ZupaOatePrepared:
L For Demolition of Existing Building Areas
Please describe areas being removed: None
April 10, 2010
IL New Construction Areas (New Dwelling or New Additions/Extensions):
Din~nsions of first floor extension: irregular 85'4"x 50'7" 3355 sq fi:
Dimensions of new s¢oond floor: irregular 85'4'x 50'7" 2514 scl ft
Dimensions of floor above second level: non habitable space
Height (from finished ground to top of ridge): 35 ' 0"
Is basement or lowest floor area being constructed7 If yes, please provide height (above ground)
measured from natural existing grade to first floor: 50% is 2 ' 0"
III. Proposed Construction Description (Alterations or Structural Changes)
(attach ~xUa sheet ifn~e~ary) - Please des~ibe building areas:
Number of Floors and General Characteristics BEFORE Alterations: None
Number of Floors and Changes WI'Ill Alterations:
IV. Calculations of building areas and lot coverage (from surveyor):
Existing square footage of buildings on your property:
Proposed increase of building coverage: N/A
Square footage ofyour lot: upland portion of lot 68,070 sq ft
Percentage of coverage of your lot by building area: 8.4 7 %
V. Purpose of New Construction: Use as a one family dwelling'
VI. Please describe the land contours (fiat, slope %, heavily wooded, marsh area, etc.) on your land
and how it relates to the difficulty in meeting the code requirement(s):
land con,ours at house construction site is moderately w~ded and flai: with
minimum slope. There are no discernible problems resulting from land
Please submit seven (7) photos, labeled to show different angles of yard areas after staking corners
for new construction), and photos of building area to be altered with yard view.
7/2002; 2/2005; 1/2007
QUESTIONNAIRE
FOR Fll JNG WITtI YOUR Z.B.A. APPLICATION
Is the subject premises listed on the real estate market for sale?
[3 Yes [~No
Are there any proposals to change or alter land contours?
[~No 13 Yes, please explain on attached sheet.
1) Are thcre areas that contain sand or wetland grasses? Not at construction site.
2) Arc these areas shown on thc map submitlcd with this application?
3) Is thc property bulkheaded between thc wetlands area and thc upland building area?
Bulkhead separates Southold Bay and Canal from property.
4) If your property contains wetlands or pond areas, have you contacted the office of the
Town Trustees for its determination of jurisdiction? Ye s Please confirm status of your
inquiBt or application with thc Tmstces: l?ermit g: S636
and if issued, please attach copies of permit with conditions and approved map.
D. Is there a depression or sloping clevation near lhc area of proposed conslruction at or below five
feet above mean sca level? No
E. Arc therc any patios, concrete barriers, bulkheads or fences that exist and arc not shown
on thc survey map that you are submitting? None (Please show area of these
structures on a diagram if any exist. Or state "none" on the above line, if applicable.)
F. Do you have any construction taking place at this time concerning your premises? No
If yes, plcesc submit a copy of your building permit and map as approved by thc Building
Department and describe:
G. Do you or any co-.owner also own other land close to this parcel? Yes If yes, please label
the proximity of your lands on your map with this application.
vacant land providing access to
H. Please list present use or operations conducted at this pamcl
docks on Basin and prop0sed usc sinqle family residence
(exmnples: e~sting: single-family; proposed: same with garage or pool, or other de. scripfion.)
2/05; 1107
$OUTHOLO
Town of Southold
LWRP CONSISTENCY ASSESSMENT FORM
A. INSTRUCTIONS
All applicants for permits* including Town of Southold agencies, shall complete this CCAF for
proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This
assessment is intended to supplement other information used by a Town of Southold agency in
making a determination of consistency. *Except minor exempt actions including Building Permits
and other ministerial permits not located within the Coaztal Erosion Hazard Area.
Before answering the questions in Section C, the preparer of this form should review the exempt
minor action list, policies and explanations of each policy contained in the Town of Southold Local
Waterfront Revitalization Program. A proposed action will be evaluated as to its significant
beneficial and adverse effects upon the coastal area (which include~ all of Southold Town).
if any question in Section C on this form is answered "yes", then the proposed action may affect the
achievement of the LWRP policy standards and conditions contained in the consistency review law,
Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a
determination that it is consistent to the maximum extent practicable with the LWRP policy
standards and conditions. If an action cannot be certified as consistent with the LWRP policy
standards and conditions, it shall not be undertaken.
A copy of the LWRP is available in the following places: online at the Town of Southold's
website ($outholdtown.northfork.net), the Board of Trustees Office, the Planning Department, all
local libraries and the Town Clerk's office.
B. DESCRIPTION OF SITE AND PROPOSED ACTION
SCTM# 81 1 16.7
The Application has been submitted to (check appropriate response):
TownBoard ['~ PlanningOept. [--~ Building Dept. [] BoardofTrustees []
Category of Town of Southold agency action (check appropriate response):
(a) Action undertaken directly by Town agency (e.g. capital []
construction, planning activity, agency regulation, land transaction) []
(b) Financial assistance (e.g. grant, loan, subsidy)
(c) Permit, approval, license, certification:
Nature and extent &action:
Construction of single family dwelling, i/g pool, on site sewage
disposal system and associated site improvements as shown on
att!ched nl:~ nl1 ........ ~ctivity '~=' ~ ....... ~1:~
Locationofaction: 580 Basin Road, Southold, NY
Site acreage: 1.7
vacant
Present land use:
Present zoning clessification: R- 8 0
If an application for the proposed action has been filed with the Town of Southold agency, lhe following
information shall be provided:
(a) Nameofapplicant: Mary S. Zupa and Victor Zupa
(b) M~lingaddre~: 4565 Paradise Point Rd., Southold NY 11971
(c) Telephone number: Area Code ( ). 631 765 6112
(d) Application number, ifany:
Will the action Ix: directly undertaken, require funding, or approval by a state or federal agency?
Yes[-'~ No[--] lfyes, which state or federal agency? DEC, SCHD
DEVELOPED COAST POLICY
Policy 1. Poster a pattern of development in the Town of Southold that enhances community character,
. preserves open space, makes efficient use of infrastructure, makes beneficial use ora coastal location, and
rainimizes adverse effects of development. See LWRP Section Iii - Policies; Page 2 for evaluation
criteria.
[] Yes [] No [] (Not Applicable- please explain)
Development of this site is proposed in a manner consistent with the
Cl~rrent standards and ia con~istent w4th the "pattern of development in
Anach 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)
The proposeO pro3ec~ ~s no~ £oca~eo near any historic disEricc
or
sites.
AUach addi6onal sheets if necessary
Policy 3. Enhance visual quality and protect scenic resources throughout the Town or Southold. See
LWRP Section III - Policies Pages 6 through 7 for evaluation criteria
[] Yes [] No [] (Not Applicable - please ex~lain)
Development of this site is proposed in a manner consistent with the
neigb_borhood in '.'~ 4. ~o ~=.~ 51] ....... ~ ~-~'4~*" ~csigned
iii ~uuuid~iiu~ wlLii i~ul~Liuu~, l~ws ~iid cuzi~:iL sta~idazds.
A0ach additional sheets if necessmy
NATURAL COAST POLIC1F.._~
Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP
Section 1II -Policies Pages 8 through 16 for evaluation criteria
--L~ Yes [] No [] (Not Applicable- please explain)
Development of this site will be done in accordance with FEMA standards,
Attach additional sheets if necessary
Policy $. Protect and improve water quality anti supply in the Town of Southol4. See LWRP Section
- Policies Pages 16 through 21. for evalaatian criteria
[] Yes [] No [] (Not Applicable- please explain)
Development of the site will be done in accordance with FEMA standards,
....... C ty Sanitary
Attach additional sheets if n¢ce~ary
Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including
Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section Ill - Policies; Pages 22
through 32 for evaluation criteria.
[] Yes [] No [~ (Not Applicable - please e~plain)
Development of the site will be done in accordance with NYSDEC regulations
A~Inch additional sheels if necessary
PoUcy 7. Protect and improve air quality in the Town of Southold. See LWRP Section IH - Policies
Pages 32 through 34 for evaluation criteria. See Section IRt - Policies Pages; 34 through :38 for evaluation
criteria.
[] Yes [] No [] (Not Applicable - please explain)
It does not appear that Policy 7 is relevant to development of this
~ite
Attach addilionnl sheets if necessary
Policy 8. Minimize environmental degradation in Town of $outhold from solid waste and hazardous
substances and wastes. See LWRP Section IH - Policies; Pages 34 through ;38 for evaluation criterln.
[] Yes [] NO [] (Not Applicable - please explain)
As in a±± resiaencia± aeve±opmenC, ic is expecce~ cnac cae occupant
will comply with the expected treatment of residential solid waste,
yard waste, and recyclable material.
PUBLIC COAST POLICIES
Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public
resources of the Town of Southold. See LWRP Section IH - Policies; Pages 38 through 46 for evaluation
criteria.
[] Ye~ No [] (Not Applicable - please explain)
Development of this site has no impact on public access to,
recreational use of coastal waters, etc.
and
Atlach 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 - please explain)
it ooes not appear t~at Po±icy 10 is relevant to proposes oeve±opment of
this residential lot.
Attach additional sheets if neeessaty
Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic
Estuary and Town waters. Sue LWRP Section IH - Policies; Pages 57 through 62 for evaluation criteria.
--[] Yes [] No ~ Not Applicable - please explain
It does not appear that policy 11 is relevaD~ to proposed
Attach additional sheets if neces~y
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 - please explain
It does not appear that Policy 12 is relevant to proposed development
of this residential 10t
Auach additional sheets if ne~ssaOt
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
.......... appcar ..... Pc c ............... =-v= .......... =ment
of Lhls z~side~ltial lot
617.21
Appendix
State Env~o,menfal Qaali~'
SHORT ENVIRONMENTAL ASSESSMENT FORM
For O'IV'LISTED ACTIONS Only
PAKT I - Project Information (To bo complete by Appllcaat or Project sponaor)
1. Appllcatll I Sponsor 2, project Name
Mary S. Zupa and Victor J. zupa
3. Pr6Jec~ I~cation: Munlcipel~b/
SEQR
Zupa Property House
County
Suffolk
Southold
4. Precisel0catlon(S~taddr~sandr~d~teme~ons, pmmlnantlandma~'et~°rpm~emap)
580 basin Road, Southold, NY 11971 Approx 300 feet from intersection
Basin Rd and Paradise Point Road
5~ed acrid:
( ) EXPANSION ( ) MODIFICATION I ALTERATION
6. Oesc~be pr~je~t~
Construct a single family dwelling, garage, sanitary system, swimming pool,
deck, gravel driveway in accordance with the survey of Nathan T.Corwin IIIJ
................. 2010
Iniltally: 1 acme; Ulllmalely: acme
8. Will proposed action comply v~th existing or other exisllng lam] use restrictions:(x) YES ( ) NO If No, describe b~lefiy;
use ~n vicln~ el projecl: (describe)
9 What ts present I ~ b/
Resideotial ( ) Industriat ( ) Comme~c, Jal ( ) Agricultural ( ) paddFoteslJOpen Space ( ) giber
. ~ - ~.~cy,t~"odom,SlateocLocal)?
) YES (X) NO If Yes, tier agency(s) and pennlgapprovals:
Does any aspect el the ac§on have a currently valid pen"nit ~r approval?
} YES ( ) NO It Yea, list agency(s) and pe~ll/appmv'ais:
DEC, Southold Trustees, SCHD
~~Jon?
if Yes, Iisi agency(s) am] permit/approvals:
I certify that ~ above is true to the best of my knowledge
Oate: Apr~ ] 2010
Signature:
il the act/on Is in the Coastal Area, and you are a state agency, complete tho Cc~astal Assessment Form before proceeding with this assessment
.q
TRANSACTIONAL DISCLOSURE FORM
APPLICABLE TO OWNER, CONTRACaf VENDEE AND AGENT:
The Town of Southold's Code of Ethics prohibits conflicts of interest on the pan o£Town officers
and employees. The purpose of this form is to provide information, which can alerl the Town of
possible conflicts of interest and a~low it to take whatever action is necessary to avoid same.
Mary S. Zupa' and Victor J. Zupa
(Last name, first name, middle initial, unless you are applying in the name of someone else or
other entity, such as a company. If so, indicate the other person or company name.)
NATLFRE OF APPLICATION: (Check all that apply.)
Variance
Special Exception
*Other
Approval or Exemption
from plat or official map
Change of Zone
Tax Grievance
*if"Other" name the activity:
X
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, includin~_~
partnership, in which the Town officer or emnloyee has even a parlial ownership of (or
employment by) a corporation in which the Town officer or employee owns more than 5% of_the.
YES NO x
If yon attswered "YES'; complete the balance of thief erin attd date attd sign where indicateg
Name of person employed by'the Town of So6thold:
Title or position of that person:
Describe that relationship between yourself (the applicant, agent or contract vendee) and Ihe
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 ~eater than 5% of the shares of the corporate stock
of the applicant (whe~n the applicant is a corporati6n);
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, par~er, or employee of the applicant; or
D) the actual applicant.
DESCRIPTION OF RELATIONSH~
PrintName: Mary~.~u~? Victor J. Z%rpg
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN HALL
SOUTHOLD, NY 11971
TEL: (631) 765-1802
FAX: (631) 765-9502
SoutholdTown.NorthFork.net
Examined _,20____
Approved ,20__
Disapproved a/c
PERMIT NO.
BUILDING PERMIT APPLICATION CHECKLISq
Do you have or need the following, before applying'
Board of Health
4 sets of Building Plans
Planning Board approval
Survey
Check
Septic Form
Trustees
Flood Permit
Storm-Water Assessment Form
Contact:
Mail to:
Expiration ,20 __
F ~ ~ ~ ~ ~ ~ [~/ Building Inspector
~11 II~,PPLICATION FOR BUILD1NG PERMIT
,AR 2010
~ [ [ Date_ ,20
~ INSTRUCTIONS
k BLOG. DEPT.
a. This ~ST h~ ~pletely filled Jn by t~ewhter or in i~ and submitted to the Bu~Qg h~spector with 4
sets plans, accurate plot plan to scale. Fee accor~ng to schedule.
b. Plot plan showing location of lot ~d of hullings on premises, relationship to adjo~ing premises or public s~eets or
areas, and watc~ays.
c. The work cover~ by this application may not be commenced before issu~ce of Building Pe~it.
d, Upon approval of~is application, the Building Inspector will issue a B~lding Permit to ~e applic~t, Such a permit
shall be kept on the premises available for inspection throughout the work.
c. ~o buildin8 shall be occupied or used Jn whole or in p~ for ~y p~ose what so ever until the Building inspector
Issues a Ce~ificate of Occupancy.
~ Eve~ building ~mit shall expire if the work authohzed has not commenced within 12 months a~er the ~te of
issuance or has not been completed within 18 months from such date. If no zoning amendments or o~er regulations a~cting the
prope~y have been enacted in the intehm, ~he Building Inspector may authorize, in writing, the extension of the permit for an
addition six months. Thereafter, a new pe~it shah be required.
~PLICATION IS HE.BY M~E to the Building Depa~ment for the issuance ora Building Permit pursuant to the
Building Zone Ordinance of the Town of Soutbold Suffolk Coun y, New York and other applicable Laws. Oral n~ces or
Regulat OhS, fBr the construction ofbu d ngs, addit OhS, or alterations or for removal or demolition as herein described. Tbe
applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit
authorized inspectors on premises and in Building for necessa~ inspections.
State whether applic~t is owner, lessee, ag~t, ~chitect, cn~ncer, g~eral ~n~actor, electfici~, pl~ber or builder
Nameofownerofpremises ,/~/~ ~'ff ~, ~(,./.,D~
(As on the tax roll or latest deed)
If applicant is a corporation, signature of duly authorized officer
(Na~ne and title of corporate officer)
Builders License No.
Plan~bers License No.
Electricians License No,
Other Trade's License No.
1. Location of land on which proposed work will be done:
House Number Street Hamlet
County Tax Map No. 1000 Section_ ~/ Block t/ Lot /~, Pff
Subdivision Filed Map No. Lot
2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existinguseandoccupancy b~,,g~..4-,t/~ V'~':ri l d-~..,v'~ /~ [
b. Intended use and occupancy 5'l,~'C~/~ ~I~A~I[/~ ~toeJ]l~q
O
3. Nature of work (check which applicable): New Building. °"/' Addition Alteration
Repair Removal Demolition Other Work
(Description)
4. Estimated Cost
Fee
(To be paid on filing this application)
5. If dwelling, number of dwelling units ] Number of dwelling units on each floor
If garage, number of cars
6. If business, commercial or mixed occupancy, specify nature and extant of each type of use.
7. Dimensions of existing structures, if any: Front Rear Depth
Height Number of Stories
Dimensions of same structure with alterations or additions: Front Rear
Depth Height Number of Stories
8. Dimensions of entire new construction: Front ~:~.~. t Rear ?o2 I Depth
Height ,'P,5~" Number of Stories
9. Size oflot: Front Rear J)epth
10. DateofPurcha~e~NameofFormer Owner ~t.4.~-~"~,~ ~
11. Zone or use district in which premises are situated R ~0
12. Does proposed construction violate any zoning law, ordinance or regulation? YES NO/~
13. Will lot be re-gladed? YES NO Will excess fill be removed from premises? YES NO
14. Names of Owner of premises p'V/~ ~. z-u~ Address ~-£A~,.4nt~El'rPO. Phone No, 9 ~;q76//~L.
NameofArchitect g~o,/,'tx/d,'t c'~'v2-e..5''~- Address[5~[l£~Bellmt~llTIgPhoneNo
Name of Contractor ~'bc-JC 8/~A.O)t Address~Phone No. ~'~g
15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES o-'" NO
* IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED.
b. Is this property within 300 feet ora tidal wetland? * YES t,/- NO __
* IF YES, D.E.C. PERM]TS MAY BE REQUIRED.
16. Provide survey, to scale, with accurate foundation plan and distances to property lines.
17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey.
18. Are there any covenants and restrictions with respect to this property? * YES NO
* IF YES, PROVIDE A COPY.
STATE OF NEW YeP-JO
SS:
C 0 U NTY OF?) ¼'~-)~
/AQ,,~/~ )/ ~'. ~ [./~/"~ being duly sworn, deposes and says that (s)he is the applicant
(Name of individual signing contract) above named,
CONNIE O. BUNCH
(S)He is the t~ b.~ fi../ ~- ~ Hota,~[~5~SN? ¥or~
(Contractor, Agent, Corporate Officer, etc.) Qualified in Suffolk Count't
Commission £xoires Aoril 1~,,
of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application;
that all statements contained in this application am tree to the best of his knowledge and belief; and that fl~e work will be
performed in thc manner set forth in the application filed therewith,
Sworn to before me this,.
~r~'x day of.~"~ CON 20.]
Notary Public
V'~Gea~ O~lando
$ii~N Ditli.?~ .Tr.
Street [.g~at~n: 580 Eta~in R~ad (Paradise Point) Southoid
CTM Pamel lO:
Rec~nMdemtion In eGcordance wl~ the May O, 2004, ~upreme Cou~f Dec/sion of
Hon. James Ca~en, J.$.C. (II,lex No. 03.Bg553J regarding ~e
Al)pl. No. 62.B6 regarding Appeal fil~ vi/MARY ZUPA cono~ming property at 580
B~sin Road, $outllold; 100081-1-16,7,
SEQRA DETERMINATION'. The Zoning Board of Appeal~ baa visited the property
under c4xt~iderattort in this application and determines that this review fails under the Type II
categoq/of the Sta~e*$ ~ of Actions, without an adverse effec~ on ~ environment if the
pmjed~ is implemented as pl~lned,
In i~n~n~ w~ch the Msy-~ 2004, supreme Court O~ieion of t~e Hon. Jam~
~, J~ ~ the N~ York ~tB SUp~me C~. ~e ~ hembv meA~ ~e
~l~g' ~Jn~ a~ dffie~a~on :o~ing ~i~ Numar 5286 suDml~ by
Ma~.
The ~ning ~ffi of ~peals hel: a ~ic headng on ~is ap~ on U~mh 20,
2003. Ju~e 5, 2003, July 24, 2~, and ~gust 2t, 2003, at which time ~n and
evid~ ~m pre~. Based upon ail the te~imony, O~men~on, p~onal
ins~e~ of ~e p~e~, ~ ot~r evida~, ~e/~lng Board find8 ~e ~11o~ fa~
~ ~e and relevant:
1, ~e ap~l~t h~ ep~al~ ff~m ~e Building De~epfs N~ of Di~ppr~al,
dasd O~ ~0, 2~2 ~d a~mati~ly s~ka vaflan~ under S~ons I0~24(B) ~d
~00-32 of the Tewn ~de to ~ ~n~n Df a ,,ingle family dwelling on p~peAy
2. T~e ~i~ ~ ~ disappmv~ by ~e Building De~t on the grounds
~t 1) ~n~ ~ a siogle family dwelling on a ~nco~rming TO,08T sq. ff. pardi
FRX HO. : 631-878-8'351 Rug. l~4 ~ DG:39RI'I P3
Re: A~I. No. ~ M. Zul~t
CTM Ps, alt Id. 1000-81-1-16.7
not ~rmitted in the R-80 Dietriot; 2) ~e lot ~s not remognized under the Zoning Code eno it
ia uJed aa & marina: and 3) the oonatrauffion of a single family dwelling would constitute a
ae~ond uae,
3, The Zonlng IBoard'a files reflect that in t9g$, James and Barbara Miller applied for
a building I~rmit to P~TnI~ tWO ~ On the prope~y (a n°n'o°n, fo.rmi~ ~xl~n~ m .~..'na
,nd a ~lngle family dwelling). $et~a~ Varlan~e~ wee abe neea~ wiffi m~pec~ to the siting
of the pmlx~ed dwe,lng. 'the Bu~ing Department ir.~ued a Notice of DiaaPl~roval on
eseer4Jally Idemical groand~ aswem Issaed w~ :~epect ~ the present e~a~ation,
4. The Milers al~13ealed te.~e Zoning Board, seeking ta avenue the Notice of
Oieapl)rovel or. a~t~/ely, ~o obtain vartancso. The appeal wa~ denied on August g,
1905. No NtJole 78 pmooedlng was ¢omme~,oed by the Millers to review the Board's desist
of their ,pplication,
5. The applicant's prell, rly'is'~ned R-80 end ia approximately 1.7 acres. A sub-
stantlal po~tJon of the propen'7 ~s SUlTOUilded by.water and wetlands.
6. There I~ so.flitting evidence in the record as to whether the applicants 13t013erty ia
· Io¢"a,ol:h'ovad by the Southol~l Town Plannincj Board' thus arer, egni~ed "lot" under 8ec~on
100-24(2) of the Town Code.
7, In 1981. it appears that the Ptanning Board approved to set off the lit with
essentially the same dimensions as I~a applicant's property. The Building Department
it~aecl a vamnt land C. er~mate of Occupancy. However, subsequent memoranda from the
Planning Board, and other evideace, call into question the Intent of the ~et off.
8. The ~ue i~ emadernlo, however, since if the lot wee not a reooOnized, 13re-
exicting substandard lot that continued to be held in single and separate ownership, tho
unique faot~ end oiroumstenoea tlere would warrant the gmat of the small area variance
otherwise needed to ~on~ruot e single family dwelling on the property.
O, However, whether the conaimofion of a conforming single family dwelling can be
built 'aa of righ'~ if the lot were e "recognized Iol~" or with an area variance if it ware not a
'recognized lot', the.propo~ecl uae of the property as sought lay the applicant is complicated
by the fact ~at tha
. property has been and continues te be used in part as a pre-exi~ng
non~onf~rmmg ma~{na.
F~ NO. : ~31-8~8-8951
ZBA
Aug. 84 2EM4 88:4i~qM P4
10. The fa;ts with r-~;* to the pni~xistlng marina use remain uncf~nged ~nce
this Boa~l's denial of the 1995 va~an~e apl~icafion reran'ed to alive, other than the pre.ant
appllc~t d~iming that the merir~ use i= 'tlle~l". The Board Is advised ~at the dale was
;Ill.nd by the St,lpmme Cou~t on pr<;c~ur;I standing g~ounds only and not On the
underlying merits.
11. The marine is prinoipatly utilized by the applicant's neighb~'~, mern~r~ of ~e
Paradiaa Point A~.~eiatlon. The As,sod, orion asseds ~ r~ghts tD maintain the marina and to
u~e epplk;ant's property, for that purpose. The, appllca~e property is the sole means of
upland acc~a to the marina.
12, Thus, the aPplic, ant'e"~pe~/is bume~ed ~th e i~e.exisfing non-conforming
13. TM re~ident~d uae ~ght by the application is a pen'nitted use in ~e R~0
di~ ~e ~p~nt is p=~ng ~,put a pe~ u~ on ~e p~ ~at ~ almay
u~ h a ~n~fo~ng m~ner.
14. U~mr ~ l~-~l{G) of ~ Town C~e, ~s p~d
~nf~l~ ~ ~n onJy o~r E elt~r ~e n~nf~i~ use is a~and~ or,
~ma~ely, a vaHan~ I~ soug~ ~ ~ ~e ~n~g use ~ ~nUnue a)ong w~h
~o~ing u~. The ~nent ~ M 8~on 10~241(G) ma~ ~
~ a ~ing us~ of a pm~ has ~n ~ang~ ~
m~Jng u~, an~l~ In ~i A~de ~ t~ mntra~ ~ithsa~ing,
~n~ing ~ o~ ~ch pmm~e~ shall no longer ~ ~ unless
~an~ ~em~ =h~l.~ve ~n gmn~ by the Board ~ Appeals."
1~. In o~er~ build ~ pm~ dW~!l~, the !~1, n~g
~ IonBer ~ un!es~ a ~n~ Is granted ~rm~ng it ~ m~in.
18. ~]f ~= ~ an e~e~y unuaual ~m~n~ brae B~. Noilly,
o~er ~ ~e pmp~ owns a~ ~n~ls the ~n~fo~ing use ~ E and ~uid e~er
to d~nue ~ u~ ~ app~ ~r a ~dafl~ un~r ~n 100-241(G)
mmal~ ~ae a ~n~ u~ ~ ~d ~ the p~y. Here, however, the
~ en~ ~U~ by t~ ~n ~ is n~ the ~e ~er o1 ~e p~.
~n~ ~ ~e non~o~tng use a~ ~e owner of ~e ~e ~ae ~ t~e pm~y appear
8~d~y oppos~ ~oe. N~pplim~on has been made ~r me va~nce
FRX NO. : E~l-EI7~-[~3~1 P~9. ~3 ~ ~:41F~ P~
OTM Patoel Id; 1000~I-1.16.7
~nta~F4ated In 8action 100-241(G) t~a! would permit the r~n-cOr~mllng medna use to
continua while laerr~ng oonsma~ion o~ tre ~ome, Wr~out au~ variance, t~ property
cannot ~ used ~a' both uaes.
t7. If the property were noi already used by a nonoonforming readna, this Board
would grant the applioant the area variance sought frore the t~o-ac, m reinlmure required by
the Se~ion t0~32 of the Town Code for the following masons:
a. The benef~ ~o the applicant ~f construing a residential horee
o~'welghs the deb'iment to the health, cafe[y, and we,re of the neighborhood caused by
I~. The grant of the variance will not produce an undesirable ohange in the
character of the neighberhoixi because the neighborhood is pred~minandy m~idential.
e. The grant of'riTe vartanoe will not create a aigni§cant de~ment to
nearby properties because the application ce~k~ to conSin:ct a house within all legal
eetbac,k limits.
d. The behest sought by tho applicant cannot be not, laved by another
feasible methad other t~an an area variance. In order to con~tmct a rrouae on this property.
the applicant requires a variance.
e. The requested relief i~ not substantial. The epl~ican~'s pmpen'y i~
approximately 70,000 ~lUam feet in ama, ~me 87.5% of the 80,000 square feet required,
Thia doea not dramatically change when square footage attributed to easements and the
me,ina use is aubVacted.
f. Evidence has not been submitted to $~ow that ~ grant of the variance
will have an adverse Impact on physical or envlreonreental oondi6ona in the neighborhood.
On the c.~f~ary, the applicant has reoeived the ai~propriate peemite from the New york Sta~
Department of Envlronreental Co~en/ation and the Town Tmstee~. The parcel is situated
in ~c.h a way mat a hoace c, on~tructea with ,~onforming set backs would not have any
aciveme impaa'r.~ ~ any adjoining or nearby pamela.
{I- The d~ou{b/was ~eh',~reated. The applicant purchased the property
w~ knowledge that the planned cen.~,,uCtlon wilt n~ conform to the ourmnt Town
B810412~4 ;a6:3~ r';~176590B4 7BA ~ ~.
requirements. However, fils ie one facto~ to be oon~lemd whioh is not eu~natJ~ally
dil, poeitNe.
h. Th,, grant of the ~ief i~ the minimum action necer~a~j and adequate to
enable the applicant ~ c~n~tmct a residential house on the premises, while prat, erring end
prote~ng the d~aracter of the nelghbothood and the health, lafaty, and welfare of the
community. The proposed construCliOn eompiiee with all applicable set. back requirements.
18, H~vever, ~e relief reque~ ~ ~e applicant can only be conditionally granted
ein~e simultaneous to eny approval, the nonoonforming marina uae must be abandoned or
e vaflanc-e must be applied for fo permR it to remain as required under Section I00-241(G).
16. Since the nc~conformino use is owned and ogemtecl by the ~iatk~n, the
appiic, ant oannOt unilaterally abandon the use. While the applicant anct the AssoolaUon
could apply for a vwian¢e to allow the nonconforming uae to remain on the property after It
is put to a conforming use, no such"gadance application has Been maae at this time and the
Board will not pr~-Juclge any ~uch application.
BOARD RESOLLJ'rlON/OETER_MINATION: NOW, therefore, on rnol~o~ by Chairwoman
Ollva, seconded by Member Goehtinger, it was
RESOLVED, that baaed upon the foregoing, the Board grants the ama variance
aOUght by tAe applicant to permit construction of a sblgle family home on less that ~,000
square fae~ with full compliance ~ all setback requirement~ On oonditlon, Ixawever, that no
building permit be iasued until the nonconforming marina use i; removed or a variance ia
granted t~ permit its continued uae in oonjun~ion with a residential use.
Vote of the Board: Ayes: Membem OliVe (Chairwoman), Goehdnger, and Tort~ra.
(Member Orlando recusecl himself;, Member Dinlzio abstained.) This Resolution wa~ duly
a<~pted (~o).
RUTH O. OLIVA, CHAIRWOMAN 8/3/04
Approved for Filing
E Goebringer, Chairman
Serge Doyen, Jr.
Jane's DinJzio, Jr.
Robert A. Villa
Lydia A. Tortora
BOARD OF APPEALS
TOWN OF SOUTHOLD
$0uthold To~t,n Hal:
5309.5 Main Road
RO. Box 1179
Southold. New York I 1
Fax (516) 765-182:
Telephone (516) 765- ]
ACTION OF THE BOA~.p OF APPEALS
Appl. No. 4314.
Upon Application of JAMES AND BARBARA MILLER.: Contract
Vendees (Owner: Paradise of Southold, Inc'.-' and Others). This
application i~ ba~ed upon the March 29, 1995 Notic~ of Disapproval
issued by the Bu/Jd{~g Inspector, wherein applicants are requesting a
bu/]d;nK permit to locate a new single-family dwelling, disapproved
on the following grounds:
"1. This parcel of 1.79 acres is not shown on the Map of
l~arad, ise Po/hr, Sect/on One, as a build/nc lot; Section 100-281A-7.
Si~gle and sel~arate search required back to 1957.
2. Approval required by Board of Appeals to build
dwelJ/ng as a second use on tkis 1.79-acre parcel.
Zone requires 80,000 sq. ft. of land area per use
.~q. ft.), faf. Article III, Section 100-30A.
3. Approval ia required from Board of Appeals
Section 100-239.4B for location of dwelling with
than ~5 feet from the existing bulkhead;
under Article
decks at
4. Approval required to amend Fried Map as approved by the
Board for Paradise Point, Section One, pe~tnininC to 'Future
~tenslon~ of Basin Read and uae of this parcel as a
,'h. 100 and Ch. 108.,. "
of Property: 580 Basin Road, Soutbold,
One, Fried Map No. 3761 filed April 11, 1963;
(formerly part of 16.4).
Paradise Point
~]mo know~ a~
WHEREAS, public hearings were held on June 7, 1995, July ]2,
and August 9, 1995, at which times all persons who desired to
heard were heard and e~lensive te~t/mon¥ r~corded (pt-o and
and
WHEREAS, the Board has carefully considered all testimony and
mubmitted concerning this application;
'Ma~ter of J~iES A'" BARBARA_ . MTr ...... T po
Decision Rendered ~_ug-ust 9, 1995
WHEREAS, Board Members have personally viewed and are
familiar with the premises Lu question, its present zoningj and the
WHEREAS, the Board made the following findings of fact:
1. BASIS OF APPEAL. The Building Inspectoc's Notice of
Disapproval, Ii. pon which this variance application is based, is dated
~tarab 29, %995. On Maroh 11 0, 1995 the Building Inspector received a
building permit appli.catJon to construct a single-family dwelling
with decks, accessory swimmingpool, and retalniDg the use of the
existing boat basin (private marina) use for lot owners in the
Paradise Point Association, Inc. The mal,lnn is "al; built" with.
docks, bull~heads, parking areas, an existing improved aacess
extension; easements for access to the jetty by lot owners and others
usin[ the private marina, as well as open accessibility to and around
the perimeter of tkis 1.79+- lot.
2. CODE REQUIREMENTS. The g/'eunds for disapproval are ~s
... 1. This parcel of 1.79 acres is not shown on the Map of
Point, Section One, as a building lot; Section 100-281A-7.
Single and separate search required back to 1957.
l~uires
2. ApprOVal is required ... to build.ing single-family
as a second use on this 1.79-acre parcel. R-80 zone
80,000 square feet per use. Article III, Section 100-a0A.
the
3. Approval is required ... under ARtiele XXIII, Section
.-B for location of dwelling with decks at less than 75 feet
existing bulkhead.
Paragraph numbers 4 and 5 relate to other department
requirements)....
3. PROPERTY DATA. The premises in question is located
Basin Road at Par-adis~ Point identified on the County Tax Maps
Distrint 1000, Section 81, Block I, Lot 16.7 containing a total
of 1.79 acres (inclusive of Iow wetland area and inclusive of a
of land refer~ed to as a "jetty" - whose ownership 1~ not be
through title insurance or through search of deeds).
, removal of the jelly upland area from the total arno"of this
the lot area is 74,595+- square feet. The areas subject
flooding and unusuable for parking and ~,asldcntial-type uses
to be 5,000+- sq. ft., lea~iag a total upland area of
y 70,000 sq. ft. for two uses: (a) the e:dsting private
use and (b) a proposed single-family residential dwelling
accessory uses. Contiguous to the east is Basin Road, which is
:}~tter of J.~MES A~ ;ARBARA MILLER
Rendered Augttst 9, 1995
on the map of Paradise Point to extend beyond, onto the
.tmbject prOperty. Upon k~formadon received, no formal amendments
the 1963 Subdivision Map of Paradise Point were filed with the
County' Clerk since its original filing as Map No. 3761.
4. PROPOSED VARIANCE. The applicant he:rein is contract
for the purchase of the subject property with proposals to
the present improvements (base of road extending from Basin
to the westerly waterway sectJon), for construction of a new
and accessory, s wim-~;'~ gpool.
5. AMOUNT OF RELIEF REQUESTED. The proposed dwelling i~
to be 76'4" at its longest side (along the ear, t measuremenl)
76 feet wide at its point closest to the bulkhead along Southold
(Town Harbor). The setback of the house was originally
at 51 feet at its westerly corner point, and during the
9, 1995 hearing, applicants offered an alternative setback
frOm 51 feet to 60 feet at its closest poinls, and increase
'58 feet at its easterly' corner to 65 feet. The setback shown
the easterly neighbor is 60 feet, and the setback from other
lot lines was shown at 75 feet or more. Tho ~mount of actual
area which is rquested under the variance is appro~cimately
square feet (ground area). The reduction by the requested
is 15 feet and I0 feet, respectively, which is 20% and 14%,
less than the code requirement of 75 feet.
CHARACTER OF SURROUNDING AREA. The neighborhood
of many lots improved with single-family residences in a
community with waterfront accessibility. TI~ neighbors
have used the southerly portion of this properly as a private
for private boating purposes. To the south is appro~mately
,0000 'scl. ft. of land, mostly underwater, which together
the canal or inlet, is understood to be owned and l~rivately used
paradise Point Association, Inc. and its lot owners. Directly to
ernst fronting along Basin Ro~d are two subdivision lots improved
residential use.
7. PRIOR APPEALS. The subject property has not been the
of prior appeal applications. There are records which were
pertalxdng tn a May 11, 1981 map For a minor subdivision -
reviewed and acted upon by the Town lalan.ning Board for
That minor subdivision map is different in some respects
the ]963 filed Major Subdivision map of Part~dJse Point pertaining
the Extension of Bas~ Road amd possible t,~vnarou~d area,
a formal map filing for the amendments were not found
the County Clerk's records. The maps are unclear as to
the existing access used as an .Extension of Basin Road, and
lot owners and their families, was to be intentionally abandoned.
map also shows the jetty to be separate from the subject
Matter of J~$ ~"~" BARBARA
Decision Rendere...gust 9, 1995
in May 1981, ~md information in the hearing records
}adicates that the jetty was built .by joLut efforts of the residents
lot owl~ers (and]or Association Members) from the Par-~di~e Point
8. EFFECTS OF RELIEF REQUESTED HEREIN. It is the
of the Board that:
(a) an undesirable change will be produced by the grant
~[ the relief request, ed for two principal uses on this 74,595+-
square foot;
(b) the grant of the variances requested would create
· mixed uses" for both a private marina use and a private residence
for which lB0,000 square feet of laud area is required in this i%-80
Zone District;
substantial
as noted in paragraph 5 above, the relief requested
(d) the difficulties claimed are personal in nature to
contract vendee, who has indicated he has a "signed contract"
with the owner aud that the architectural design, layout and size of
house that they have chosen is not "changeable" and was one of
the reasons for wanting to build;
(e) applicant has indicated no desire to alter the size or
,~lay0ut of the house in order to comply with the zoniog regulations,
iaelu,]{ng limited area for residential use in order to adequately
parking and fire access to the marina areas around the
(f) the relief, as requested, is not the minimum
and does not adequately preserve amd protect the
,~aracter of the neighborhood and the health, safety and welfare of
the immediate community area~;
(g) in light of all the above, there are alternatives for
to pursue to better plan for the existing marina uses or
a principal residential building which will fit Within an
,riate upland area with greater satback.s from the water and
areas, with less ~eduction in setbacks and lesu relief.
Accordingly, on motion by Member Villa, seconded by
Rendered -'-+~, 9, 1.,,,,,~0=
~ember Dinizio, it we~
RESOLVED, to DENY the variances requested and as noted
above.
Vote of the Board: Ayes: Messrs. Doyen, Goehringer, Di~i~!o,
Villa, and Torto~. T~ ~solu~on was duly adopted by u~animou~
vote of the b~rd members.
d ' . co
AND FILED BY
SOUTHOLD TOWN CLEI~
Town Clerk, Town of SouLb. old
NorthweSt corner looking ~ .~.
east 12/4/09
Southwest looking
northeast 12/4/09
no~-tb,,,r t 12/4/09
Front yard southeast
looking north 12/4/09
Rear yard northeast
looking west 12/4/09
Front yard south looking ?~Sfi} ~-~
north 12/4/09
Front yard south looking
north 12/4/09
Planning Hoard
-4-
June 1, 19
spondence from the"Suffolk County Department of Health Services re-
garding the SEQRA, correspondence to the Suffolk County Planning
Commission, copy of the legal notice, metes and bounds description,
correspondence from the applicants attorney, sketch plan approval
for this subdivision on March 26, 1980, I would assume it is March
1981, also declaration of lead agency status wl~h Sou=hold Town
Planning Hoard, application for approval of plot, short environmental
assessment form. This completes the file. This is a tract of prop-
erty that's being divided into two. The tract of property consists
of fifty-nine and one-half {59%) acres, one plot.being thirteen acres
to =he north, the second plot being fourty-six acres to ~he south.
As is the procedure of public hearings, I will ask is there anyone
present this evening who would like to speak in opposition to this
proposed minor subdivision of =he Henry Jenninqs Estate? Hearing
none, is there anyone present this evening who would like to speak
in favor of this proposed m~tnor subdivision of ~he Henry Jenninqs
Estate?
Rudolph 8x~Aer: On behalf of the estate, I would just like to
irradiate what I spoke to you gentlemen earlier on the site plan
approval. The purpose, I represent the estate whose selling
subject to the division of the property, we've been advised by the
proposed purchaser, a Dr.. Damianos, that it would be used for=grape
growing purposes and the purpose of the; split%lng of it is that the
larger piece is going to be used as a farm. Respectively, we ask the
board to allow the division of the property, thank you.
Mr. Raynor= Is there anyone else present this evening who woul~ like
to speak in favor of this proposed subdivision? Is there anyone
present this evening ~hat has some information that may be neither
pro nor con but should come before this board at this time? Hearing
none, is there any member of the board that has any questions? Mr.
Orlowski, Mr. La=ham, ~r. Wall, Mr. Mulle~?
All answered in the negative.
~r. Raynor: There being no further questions we will deem this
hearing closed and thank you for comingdown this evening.
Milton Mehlman minor subdivision. Johh Strong appeard before the
board =o discuss with them his request that the right-of-way be
changed from 50 fee= to 25 feet. The board feels that 50 feet' for
the right-of-way is needed if not at this time but for =he future.
Mr. S.~rong's request has bee~. denied.
On motion ~de bY Mr. Orlowski, seconded by Mr. La=ham, it was
P~E$OLVED tO set-off as ind£cated of ~he minor subdivision
Paradise Point Corporation lots entitled "Club House" of two and
~hree ~uarter acres and an Unnumbered lc= on SOu=hOld Bay consisting
of 1.7 acres directly east of =he inlet basin.
Vote of the Board: Ayes: Raynor, Wall, Orlowski, Mullen, Latham
CHICAGO TITLE INSURANCE COMPANY
TITL2 NO.: 3802-98431
COUiT~OF SUFFOL~ }
)ss
STATS OF NEW YORK }
VARIANCE SEARCH
THIS IS TO CERTIFY THAT MARY S. ZUPA IS THE OWI~R(S) OF RECOP, D OF PREMISES
KNOWN AS DISTRICT 1000 SECTION 081.00 BLOCK 01.00 LOT 016.007
THAT SHE ACQUIRED TITLE %qiERETO BY DSED DATED 4/5/02 RECORDED IN LIBER
12181 CP 887 ON 4/23/021 THAT WE HAVE MADE A SEARCH OF THE RECORDS OF THE SUFFOLK
COUNTY CLERK AND/OR REGIST~.AR'S OFFICE, ~ THAT SAID SEARCH SHOWS THAT NEITHER
THE SItlD OWNER NOR ANY PREDECESSOS IN TITL~ OF THE SAID PREMISES OWNED CONTIGUOUS
PROPERTY AT ANY TIME SINCE 1/1/57 EXCSPT AS FOLLOWS:
THAT THEAPPLICAI~THEREINDOES NOT OWNANYCONTIGUOUS PROPERTY EXCEPTAS
FOLLOWS:
TAX LOT 017.000, TAX LOT 013.001 AND TAX LOT 016.010
THIS CERTIFICATION IS MADE WITH THE I~I'~aiTION OF TH~ RELIANCE THEREON BY
THE BOARD OF APPEALS AI~D/OR BUILDING DEPARTMENT OF THE TOWN OF SOUTHOLD.
~ LIMIT OF LIABILTY UNDER THIS CERTIFICATE, FOR ANY REASON WHATSOEVER,
WHETHER BASED ON CONTRACT OR NEGLIGENCE, SHALL NOT EXCEED $1,000.00, AND SHALL BE
CONFIN~D TO THE APPLICJtNT TO WHOM THIS CERTIFICATE IS ADDRESSED, OR THE COUNTY OF
~OWFOLK.
CHICAGO TITLE INSURANCE COMPANY
SWORN TOBEFOR~ME THIS
18THDAY OF DECIIMBBR ,2002.
BRUCE N. PHILLIPS SR.
(631) 284-2406
NOTACY PUBLIC, STATE OF NEW YORK
NO 52.3£27~:1§. $!
o~=o,~,=~a.~ CAgcago Title !ns~rancc Company
Ngw Yo~k Of 6u~
3802-95431 NO~ 21, 2002
~ M~ SUR~ ~u~o~
DoE~ 2 ~ ~
~ ~000 S~ 0a~,00 B~: 0~.00 ~: 0~6.0o~
~~~I~S, YOU ~Y BE E~T~DTOA REDUCED PRE~IU~. CO~TA~THI~
~ D~c: ~fior L~r/ . ~~ DA~
DEC~ 23, 2002 rnor
~osi.~ D~: 3802-00159
TO R~i,OKf ~rl~ 1TP.~ PB~b'~LY AND F.~JTA'[~ !'111 CLO~NO' ¥$[~ ~UI~ yOUrS,
^pplica~ Numbcc. 6111919 - 000
HOUSE ACCOUNT RIVERItF. J~ - 3308 008/LL
^pplic,,u~FF_.E(1)FT& (633.)765-6112 Appllca.atMTG{2)~
V~CTOR ZUPA
4565 PARADISE POINT ROAD
SODTHOLD, N~W yORK 11971
FROH : ~ MES~RNO ~HC FRX NO. : 631-878-8951 Sur,. 2003 ~2:37P~1 PI
CHt&~O TITLE tNSURANC;E COMPANY
VARIANCE SEARCH
NOt~
T~AT T~ A~L[C.A~T ~I~ DOSS NOT OWN ~%h=g COir~I(~OUS ~ROP~,TY I=CSFf ~
THIS CERTIFICATION 16 M~D~ wITH T~ ~[[~N OF T~ eF.~,l~C~ T}~N BY
~ LI~IT 0F b~[L~ ~ ~[S ~T[~' P0~ ~ ~ ~0~,
284-2406
sWO~ TO BE~O~E ~ ~HIg
LsTH DAY OF DF~C~t~B~ , 3002.
TZTZ~gNO.: 3802-95431
VARIANCE SEARCH (Continued)
~CT P~S~BI DIST. 1000 SEC. 081.00 BLOCK 01.00 LOT 016.007
PA~ADISB POINT INCORPO~AT~
TO
NELSON S. ROBINSON, TRUSTEE UND~ A CERTAIN INDENTURE OF TRUST DATED 11/15/1939
MADE BY i~U~NCIS H. ROBINSON, SETTLOR
DATED: 2/20/53
~ECORDED; 5/11/53
*r.IBER 3513 PAGE 97
NELSON S. ROBINSON, TRUSTEE UNDER A CERTAIN IND~NTU~ OF TRUST DATED 11/15/1939
MADE BY FPd%NCIS H. ROBINSON, SETThOR AND
PARADISE POI/~T ZNCORPORATBD
TO
PARADISE POINT CORPORATION
DATED: 10/22/60
R~COEDED; 10/24/60
LIB~ 4894 PAGE 365
PARADISE POINT CORPORATION
TO
J. LANE CURRY, AS TO 37% INTEREST,
GILMAN YdtT~L~/~BBCK, AS TO 32% INTER~ST,
GARRY SINNING, AS TO 29% INTEr. EST,
JO~N SONu'z-~'~, AS TO 2% L~'£~cBST, AS T~NANTS IN COb~4ON ~ AS THEIR INTEREST
APPEA~S
DA-~.~ ~ 10/29/81
RECORDED ~ 10/29/81
T.IBF~ 9093 PA~ 01
JOHN H. SCH~i-~'~ DIED 12/1/82 LEAVING LAUREL ANN SP. AW SOLE DISTHIBUTEE AND HEIR AT
LAW
DF~D
~.UR~L ANN SHAW~ SOLE DISTRIBUTBE AND NE[R AT LAW OF JOHN H. SCHUTTE, DECEASED
TO
PARADISE OF SOUTHO~D INC.
DAw: 4/12/85
RECOEDED: 4/16/85
~.IB~R 9771 PAG~ 385
J. ~ANE CURRY DIED 6/17/94 L~AVING CT. ANCY D'ELIA CURRY AS EX]~CUTOR ARD DEVISES.
GILMAN H~!.?.~qBECK DIED 2002 LETTERS ISSUED TO GILMAN J. Fd~LLENBECK
va, scoe* - CONTINUED - 2
VARIANCE SEARCH (Continued)
TITLE NO.i 3802-95431
CHANCY D. CUBR¥~
GAI~ETT SINNING A/K/A GAI~Y SINNING,
pARADISE OF SOUTHOLD ZNC.,
OILMAN J. HALLBNBECK, INDIV. AND AS ADMIN. OF TH~ ESTATE OF GII~BERT HALLENBECK
A/K/A GILMAN H. HALLENBECK, DECEASED, PURSUANT TO LETTERS ISSUED UNDER FILE
357P2002
TO
MARY S. ZUPA
DATED= 4/5/02
RBCOP..DI~D: 4/23/02
LIBER 12181 PAGE 887
LAST 01qNSR OF I~CORD
p~SES ON NORTHI
SOUTHOhD BAY
P/O pP.~MISRS ON RA~TI DIST. 1000 SEC. 081.00 BLOCK 01.00 LOT 017.000
PARADISS POINT INCORPORATED
TO
NELSON S. ROBINSON, TRUSTEB UNDER A CERTAIN INDEI~ OF TRUST DATED 11/15/1939
MADE BY FRANCIS H. ROBINSON, SETTLOR
DATED: 2/20/53
RSCORDED= 5/11/53
~IBSR 3513 PAGE 97
DEED
NELSON S. ROBINSON, TRUSTEE UNDER A CERTAIN INDENTURE OF TRUST DATED 11/15/1939
MADE BY FRANCIS H. ROBINSON, SETTLOR /%ND
PARADISE POINT INCORPORATIeD
TO
PARADISE POI~IT CORPORATION
DATED: 10/22/60
RECO&D~D; 10/24/60
LIBER 4894 PAGE 365
PARADISE POINT CORPORATION
TO
EDMOND H. CURCURU ~
pATRICIAN. CURCURU, HIS WIPS
DATED~ 1/11/59
RECORD~T~: 7/1~/79
LISER 6584 PAGE 537
3
v,m~ - COI'~Ih'UED -
3802-95431
VARIANCE SEARCH (Continued)
EDMOND H. CURCORU ~
PATRICIAN. CURCURU, AS hUSBAND ~ WIFE
TO
EDMOND H. CURCORU At~
PATRICIAN. CURuuKO, AS TRUSTEES OF ~ BASIN ROAD REALTY TRUST, A FLORIDA TRUST
UNDER DBCI~RATION OF ~UST DATSD ~IULY 23, 2001
DATED: 7/23/01
RECO~D~.D: 11/23/01
LIBER 12154 PAGE 643
LAST OWNER OF ~CORD
P/O PR~ISES ON EASTt
BASIN ROAD
P/O PREMISES ON ~A~T~ DIST. 1000 SEC. 081.00 BLOCK 01.00 LOT 013.001
PARADISE POINT INCORPORATED
TO
NELSON S. ROBINSON, TRUSTEE ONDER A CERTAIN INDENTURE OF TRUST DAT~u 11/15/1939
MADE BY FRANCIS H. ROBINSON, SETTLOR
DA%'lim: 2/20/53
P~ECORDED: 5/11/53
LIBI~R 3513 PAGE 97
NELSON S. ROBINSON, TRUSTEI~ ONDER A CERTAIN IND~NTORE OF TRUST DATED 11/15/1939
MADE BY FRANCIS H. ROBINSON, SETTLOR AND
PARADISE POINT INCORPORATaU
PARADISE POINT CORPORATION
D~'J.'~: 10/22/60
IU~CORDED; 10/24/60
LIBER 4894 PAGE 365
PARADISE POINT CORPORATION
TO
BARREYV. NONTICELLOAND
MI~mLINAMONTICELLO, HIS WIFE
DA'£,I~u~ 10/8/80
BECORD~D: 10/17/80
~IBER 8899 PAGE 53
TTTr.u NO. ~ 3802°95431
VARIANCE SEARCH (Continued)
D~BD
I~ V. MONTICELLO AND
WZ__'UF;~.,INA MONTICELLO, HIS
~: [/29/88
LZB~ 10528 P~ ~68
MI~LIRA MONT
JO ANN L. ~YI~, HIS WIFE
~TED: 1/12/88
~B~ 10528 P~S 170
DALE W. MAYNARD AND
JO AL1N L. MAYNARD, HIS WI~
~Y S. ~A, HIS ~I~
~%.~: ~/1~/98
~: 7/30/98
LZB~ 11907 P~E 984
LAST O~N~ OF ~wc01tD
p~SE8 ON SOUTH ~ ~STI DIST. 1000 SBC. 081.00 BLOCK 01.00 LOT 016.010
C~AL (RAS~N)
D~D
PARADISE POINT INCORPORATED
NELSON S. ROBINSON, TRUSTEE UNDER A CERTAIN INDENTURE OF TRUST DATED 11/15/1939
MADE BY FRANCIS H. ROBINSON, SETTLOR
I~%'nD: 2/20/53
~COl~DUn: 5/3.1/53
LIBER 3513 PAGE 97
- CONTINUED -
5
VARIANCE SEARCH (Continued)
TXT~ NO,: 3802-95431
DF~D
NE~.SON S. ROBINSON, TRUSTEE UNDER A ~TAIN 1~ OF ~UST DASD 11/15/1939
~E BY ~CIS H. ROBINS~, S~ ~
p~ISE ~I~ ZNCOR~
~T~: 10 / 22 / 6 0
~ 10/24/60
LIB~ 4894 P~E 365
pArADISE POINT COP. POP. ATION
TO
J. LANE CU~KY, AS TO 37% /NTER~ST,
GILMAN HALL~NBECK, AS TO 32% INTER~ST,
GARRY SINNING, AS TO 29% INTE~ST,
JOHN SCH~YI~, AS TO 2% INTEREST, AS TENANTS IN CO)~40N AND AS THEIR INTEREST
~PpEAI~
DA'I'ED~ 10/29/81
RECORDEDt 10/29/81
~.IB~ 9093 PA~E 01
JOHN H. SCHUTTE DIeD 12/1/82 hEAVING LAU~gL ~ SHAW SOLE DISTRIBUTSE AND HEIR AT
D~D
LAUR~. ANN SHAN, SOLE DISTRIBUTEE AND ~IR AT ~W OF JO~ H. SC~E, DEC~ED
p~ISE OF SO~O~ INC.
~,~,~ ~ 4/12/85
~ 4/16/85
LIB~ 9771 P~E 385
J'. LANg CUP~Y, AS TO 37% INTER~ST,
GILMAN HALLENBECK, AS TO 32% INTEREST,
GARRY SII~q/NG, ~ ~ 29% /~I'~ST, "
p~ISE OF SO~O~ ~C. ~ ~ 2% IN~*~ST, ~ T~S IN CO~ON ~ ~ ~EIR
~ST ~P~
P~IS~ ~ ~SOC~TION INC.
~,~= 2/23/89
~: 2/2~/89
LIB~ 10804 P~ 555
LAST O~I~Z~ OF RECORD
- CONTII~I~D -
CHICAG'O TITr. INSURANCE, COMI: ANY
400 WEST MAIN STREET
(651}
PAGE: 001
DATE: December 23~ 2002
VICTOR ZUPA
4565 PARADISE POINT ROAD
SOUTHOLD, NY 11971
TITLE NO,: 3802-95431 ZUPA/
CUST# 6111919'000
PRFd4ISES= 580 BASIN ROAD, SOUTHOLD, NY
CODE DESCRIPTION
089 VARIANCE SF.~RCH
089 150 ~XTRACHAINS
BALANCE DU~=
AMOUNT
350.00
TBD
$350.00
NOTEs In case of cancellation of this Special Search, the
fees charged will remain the same.
The above represents an estimate of your title costs to
date. These charges are subjecC to change based upon the
s~ruc=ure of your transaction and additional work which
may be perfomed. Thank You,
~$
f ,._, ,b[
LAND IMP. I TOTAL ' DATE
! ,I
~ ....
./~-,~
FARM ~ Ac re
Tillable
Tillable
Ti!lab!e
Wcodland
House Plot
,.' ot,',/.4
FRONTAGE ON WATER
FRC4qTAGE ON ROAD
Total
BULKHEAD
DOCK
FORMER OWNER
~.. ,~ ,, 3., .. ~'5"~- ,x~. ,= ,~
~AND " ~MP.
SUB- ~'"'~ LOT ~-~./~ ,
TYPE OF BUtLDI'.~IG
BUiLDiNG CONDiTioN
FARM Acre
'Tillable 1
T.]!able 3
Wood]and
S~ompland
TotaI
vob~ Pe~j Vot~
-~- =~% :*-~--~ I ViLLAGE '----'---~ i DtSTRICT j SUB.
~ .~ [ S ~REEF I
o~ ~ .~ ~.~__ ....
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,, ~UiLD, ~ cONDITiON
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Acr~
DECLARATION OF COVENANT
TBIS DECLAILATION OF COVENANT made this~lt day of October, 2005, by Mary S.
Zupa (hereinafter the "Declarm~t") whose address is 365 Basin Road, Southold, NY
11971
WITNESSETH:
WHEREAS, the State of New York is authorized and required to regulate the tidal
wetlands as set forth in Article 25 of the New York Environmantal Conservation Law
(hereinafter "ECL"); and
WHEREAS, Declarant is the owner ora residential lot in the Town of Southold, State of
New York known as 580 Basin Road, Southold, NY, County Tax Map Nunther: District
1000, Section 81, Block I, Lot 16.7 which she acquired by deed dated April 5, 2002,
from Garrett Sinning, et al, grantors, and recorded in Libor 12181, Page 887 {hereinafter
Ihe "Property"), and
WHEREAS, the Property includes tidal wellands regulated by Article 25 of the ECL
upon which certain regulated activities may occur only if prior approval is given by the
New York State Department of Environmantal Conservation;
NOW, THEREFORE, the Declarant hereby covenants and agrees as follows:
Regulated tidal wetlands associated with Southold Bay are located at the Property which
is a residential lot known as 580 Basin Road, County Tax Map Number: District 1000,
Section 81, Block I, Lot 16.7, and otherwise kalowfi as the properties of Mary S. Zupa
and her heirs, assigns, or successors. The Properly is subject is subject to the provisions
of Artinle 25 of the ECL or its successor, and the conduct of regulated activities may
occur only pursuant m ECL Articlc 25 if prior approval is given by thc New York State
Department of Environmental Conservation {NYSDEC) or its successor and by Mary S.
Zupa, her heirs, assigns, or successors. Regulated activities include, but arc not limited to
thc erection of any dock(s) or other structure(s); excavation; dredging; grading and
filling; clearing of vegctatinn; and application of chemicals.
IN WITNESS WHEREOF, the Declarant has duly executed this Declaration of Covenm~l
the day and year first above writlen.
In the presence of:
STATE OF NEW YORK
SS
COUNTY OF SUFFOLK
On the'SI day of October 2005, before me personally appeared Mary S. Zupa to me known
·
Uniform Form Certificate of Acknowledgment
State of New York
County of
On the ~ ~ day of~n ~e ye~ ~oo A- ~ before me, the
~dersigned, person~ly appe~ed
personally known to me or proved to me on the basis of satisfactory evidence to be the
individual .(s) whose name (s) is/are subscribed to the within instrument and
acknowledged to me that he/she / they executed the sm'ne in his/her/their capacity (ies),
and that by his/her/their signature (s) on the instrument, the individual (s), or the person
upon behalf of which the individual (s) acted, executed the instrument:
Notary Public
UNOA S.-T~-.~I~ .
F. D. 26
3
NOTICE
COUNTY OF SUFFOLK
QI
New York State Department of Environmental Conservation
Division of Environmental Permits- Region One
SUNY @ Stony Brook, 50 Circle Road, Stony Brook NY 11790-3409
Main Phone: (631) 444-0365
Website: www.dec.state.ny, us Fax: (631) 444-0360
March 17, 2009
Mary S. Zupa
4565 Paradise Point Road
Southold NY 11971
RE: Permit g 1-4738-03029/00010
Dear Permittee:
In conformance with the requirements of the State Uniform Procedures Act
(Article 70, ECL) and its implementing regulations (6 NYCRR, Part 621) we are
enclosing your permit. Please read all conditions carefully. If you are unable to comply
with any conditions, please contact us at the above address.
Also enclosed is a permit sign which is to be conspicuously posted at the project
site and protected from the weather.
Very truly yours,
Matthew R. Penski
Environmental Analyst 1
mrp
Enclosure
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
DEC PERMIT NUMBER
1-4738-03029/00010
FACILITY/PROGRAM NUMBER(S)
PERMIT
Under the Environmental
Conservation Law
EFFECTIVE DATE
March 17, 2009
EXPIRATION DATE(S)
March 16, 2014
TYPE OF PERMIT · New [] Renewal [] Modification [] Permit to Construct [] Permit to Operate
[] Adicle 15, Title 5: Protection of Wa-
ters
[] Article 15, Title 15: Water
Supply
[] Article 15, Title 15: Water
Transport
[] Adicle 15, Title 15: Long
Island Wells
[] Article 15, Title 27: Wild,
Scenic and Recreational Rivers
[] 6NYCRR 608: Water Quality
Certification
[] Article 17, Titles 7, 8: SPDES
[] Article 19: Air Pollution
Control
[] Article 23, Title 27: Mined Land
Reclamation
[] Article 24: Freshwater Wetlands
· Article 25: Tidal Wetlands
[] Article 27, Title 7; 6NYCRR
360: Solid Waste Management
[] Article 27, Title 9; 6NYCRR
373: Hazardous Waste Management
[] Article 34: Coastal Erosion
Management
[] Article 36: Floodplain
Management
[] Articles 1, 3, 17, 19, 27, 37;
6NYCRR 380: Radiation Control
~ERMIT iSSUED TO
Mary S. Zupa
ADDRESS OF PERMITrEE
4565 Paradise Point Road, Southold NY 11971
CONTACT PERSON FOR PERMITFEDWORK
NAME AND ADDRESS OF PROJECT/FACILITY
Zupa Property, 580 Basin Road, Southold
TELEPHONE NUMBER
(631)765-6112
ITELEPHONE NUMBER
LOCATION OF PROJECT/FACILITY
SCTM # 1000-81-1-16.7
COUNTY
Suffolk
TOWN I WATERCOURSE
Southold Southold Bay & Basin
Description of Authorized Activity
NYTM COORDINATES
E:719.4 N:4547.3
Construct a single family dwelling, garage, decks, swimming pool, sanitary system, pervious gravel
driveway, remove asphalt, public water service, utilities, 4 foot wide access path, 4 foot by 4 foot
seasonal steps to beach, and plant vegetation. Place 5 to 10 pound stone on filter fabric behind
the bulkhead and return and revegetate. Regrade, stabilize, and revegetate the slope on Southold
Bay. All work shall be performed in accordance with the conditions of this permit and the plans
~repared by Nathan Taft Corwin III last revised on 2/9/09 and Sea Level Mapping last amended on
2/20/09, both stamped NYSDEC approved on 3/17/09.
By
strict compliance with the ECL, all applicable
Conditions included as part of this permit.
Road; Stony Brook NY 11790-3409
~larch 17, 2009
Page 1 of 5
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
SPECIAL CONDITIONS
1. The storage of construction equipment and materials shall be confined within the project
work area and/or upland areas greater than 50 linear feet from the tidal wetland boundary.
2. To protect the values of the tidal wetlands, a permanent vegetated buffer zone shall be
established. There shall be no disturbance to the natural vegetation or topography within an
area extending 50 linear feet landward of the tidal wetland boundary.
3. During construction, concrete or leachate shall not escape or be discharged, nor shall
washings from transit mix trucks, mixers, or other devices enter tidal wetlands and/or
protected buffer areas.
4. A row of staked haybales or other approved erosion control devices shall be placed at the
landward edge of the buffer area or as per the NYSDEC approved plans and seaward of the
toe of the embankment, prior to commencement of any regulated activities and remain in
place and in good, functional condition until the project is completed and all disturbed areas
are stabilized with vegetation.
5. Necessary erosion control measures e.g., staked haybales, silt fencing, etc. are to be
placed on the downslope edge of any disturbed areas, This sediment barrier is to be put in
place before any disturbance of the ground occurs and is to be maintained in good and
functional condition until thick vegetative cover is established.
6. Roof runoff shall be directed into dry wells a minimum of 75 linear feet landward of the
tidal wetland boundary for immediate on-site recharge.
7. Dry wells for pool filter backwash shall be located a minimum of 75 linear feet landward
of the tidal wetland boundary.
8. There shall be no draining of swimming pool water directly or indirectly in tidal wetlands
or protected buffer areas.
9. Driveways and parking areas shall be constructed of NYSDEC approved pervious
materials.
10. Roads, driveways and parking areas shall be graded to direct runoff away from tidal
wetlands and protected buffer areas.
11. Sanitary systems (bottom of the tank and leaching pools) shall be located a minimum
of 2' above seasonal high groundwater.
12. All fill shall consist of "clean" sand, gravel or soil (not asphalt, slag, fiyash, broken
concrete or demolition debris).
13. All areas of soil disturbance resulting from the approved project shall be stabilized with
appropriate vegetation (grasses, etc.) immediately following project completion or prior to
permit expiration, whichever comes first. If the project site remains inactive for more than
48 hours or planting is impractical due to the season, then the area shall be stabilized with
straw or hay mulch or jute matting until weather conditions favor germination.
DEC PERMIT NUMBER
1-4738-03029/00010
PAGE 2 OF 5
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
SPECIAL CONDITIONS
14. All areas of soil disturbance resulting from the approved project shall be stabilized as per the
specifications of the approved plans immediately following project completion or permit expiration,
whichever comes first. If the project site remains inactive for more than 48 hours or planting is
impractical due to the season, then the area shall be stabilized with straw or hay mulch or jute
matting until weather conditions favor germination.
15. If seeding is impracticable due to the time of year, a temporary mulch shall be applied and final
seeding performed at the earliest opportunity when weather favors germination and growth, but not
more than six months after project completion.
16. All disturbed areas where soil will be temporarily exposed or stockpiled for longer than 48 hours
shall be contained by a continuous line of staked haybales / silt curtains (or other NYSDEC
approved devices) placed on the seaward side between the fill and the wetland or protected buffer
area. Tarps are authorized to supplement these approved methods.
17. All erosion control devices shall be maintained in good and functional condition until the project
has been completed and the area has been stabilized.
18. The permit holder shall cause all exposed faces and/or disturbed areas to be vegetated to
prevent soil erosion prior to project completion or the expiration date of the permit, whichever
comes first.
19. The wetland and associated buffer shall be planted as per the approved plans and the permit
holder shall ensure a minimum of 85% survival of plantings by the end of five growing seasons.
If this goal is not met, the permit holder shall re-evaluate the restoration project in order to
determine how to meet the mitigation goal and submit plans to be approved by the office of Marine
Habitat Protection, SUNY@Stony Brook; 50 Cimle Road; Stony Brook NY 11790-3409.
20. There shall be no discharge of runoff or other effluent over or through any bulkhead or
shoreline stabilization structure or into tidal wetland or protected buffer area.
21. There shall be no discharge of runoff or other effluent on, in or down the bluff face or onto the
beach.
22. There shall be no disturbance to vegetated tidal wetlands or protected buffer areas as a result
of the permitted activities.
23. Any debris or excess material from construction of this project shall be completely removed
from the adjacent area and removed to an approved upland area for disposal. No debris is
permitted in tidal wetlands or protected buffer areas.
24. This permit does not authorize the granting of easements for the construction of water access
structures, mooring facilities, or other structures.
25. The permit holder shall incorporate the attached Covenant (or similar language) to the deed
for the property where the project will be conducted and file it with the Clerk of Suffolk County within
30 days of the effective date of this permit. This deed covenant shall run with the land in perpetuity.
A copy of the covenanted deed or other acceptable proof of record, along with the number
assigned to this permit, shall be submitted within 90 days and prior to commencement of any
regulated activity at the site to: NYSDEC, Marine Habitat Protection,SUNY@Stony Brook; 50 Cimle
Road; Stony Brook NY 11790-3409, Attn: Compliance.
DEC PERMIT NUMBER
1-4738-03029/00010
PAGE 3 OF 5
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS
Item A: Permittee Accepts Legal Responsibility and Agrees to Indenmification
The permittee~ excepting state or federal agencies, expressly agrees to indemmfy and hold harmless the Department of
Environmental Conservation of the State of New York, its representatives, employees, and agents ("DEC") for all claims, suits,
actions, and damages, to the extent attributable to the permittee'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 whether in
compliance or not in compliance with the terms and conditions of the permit. This indemnification does not extend to any claims,
suits, actions, or damages to the extent attributable to DEC's own negligent or intentional acts or omissions, or to any claims, suits,
or actions naming the DEC and arising under Article 78 of the New York Civil Practice Laws and Rules or any citizen suit or civil
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
The permittee is responsible for obtaining any other permits, approvals, lands, easements and rights-of-way that may be
required to carry out the activities that are authorized by this permit.
Item D: No Right to Trespass or Interfere with Riparian Rights
This permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights of
others in order to perform the permitted work nor does it authorize the impairment of any rights, title, or interest in real or personal
)roperty held or vested in a person not a party to the permit.
GENERAL CONDITIONS
General Condition 1: Facility Inspection by the Department
The permitted site or facility, including relevant records, is subject to inspection at reasonable hours and intervals by an
authorized representative of the Department of Environmental Conservation (the Department) to determine whether the permittee is
complying with this permit and the ECL. Such representative may order the work suspended pursuant to ECL 71-0301 and SAPA
401(3).
The permittee shall provide a person to accompany the Department's representative during an inspection to the permit area
when requested by the Department.
A copy of this pemUt, including all referenced maps, drawings and special conditions, must be available for inspection by
the Department at all times at the project site or facility. Failure to produce a copy of the permit upon request by a Department
representative is a violation of this permit.
General Condition 2: Relationship of this Permit to Other Department Orders and Determinations
Unless expressly provided for by the Department, issuance of this permit does not modify, supersede or rescind any order
or detemtination previously issued by the Department or any of the terms, conditions or requirements contained in such order or
[etermination.
General Condition 3: Applications for Permit Renewals or Modifications
The permittee must submit a separate written application to the Department for renewal, modification or transfer of this
>ermit. Such application must include any forms or supplemental information the Department requires. Any renewal,
modification or transfer granted by the Department must be in writing.
The permittee must submit a renewal application at [east:
a) 180 days before expiration of permits for State Pollutant Discharge Elimination System (SPDES),
Hazardous Waste Management Facilities (HWMF), major Air Pollution Control (APC) and Solid Waste
Management Facilities (SWMF); and
b) 30 days before expiration of all other permit types.
Submission of applications for permit renewal or modification are to be submitted to:
NYSDEC Regional Permit Administrator, SUNY ~ Stony Brook, 50 Circle Road, Stony Brook NY 11790-3409
General Condition 4: Permit Modifications, Suspensions and Revocations by the Department
The Department reserves the right to modify, suspend or revoke this permit in accordance with 6 NYCRR Part 62 I.
The grounds for modification, suspension or revocation include:
a) materially false or inaccurate statements in the permit application or supporting papers;
b) failure by the permittee to comply with any terms or conditions of the permit;
c) exceeding the scope of the project as described in the permit application;
d) newly discovered material information or a material change in environmental conditions, relevant
technology or applicable law or regulations since the issuance of the existing permit;
e) noncompliance with previously issued permit conditions, orders of the comnUssioner, any provisions of
the Environmental Conservation Law or regulations of the Department related to the permitted activity.
DEC PERMIT NUMBER I PAGE 4 OF 5
1-4738-03029/00010
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
ADDITIONAL GENERAL CONDITIONS FOR ARTICLES 15 (TITLE 5), 24, 25, 34 AND 6 NYCRR PART 608
(TIDAL WETLANDS)
If future operations by the State of New York require an alteration in the position of the structure or work herein
authorized, or if, in the opinion of the Department of Environmental Conservation it shall cause unreasonable
obstruction to the free navigation of said waters or flood flows or endanger the health, safety or welfare of the people
of the State, or cause loss or destruction of the natural resources of the State, the owner may be ordered by the
Department to remove or alter the structural work, obstructions, or hazards caused thereby without expense to the
State, and if, upon the expiration or revocation of this permit, the 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
watemourse. No claim shall be made against the State of New York on account of any such removal or alteration.
The State of New York shall in no case be liable for any damage or injury to the structure or work herein authorized
which may be caused by or result from future operations undertaken by the State for the conservation or improvement
of navigation, or for other purposes, and no claim or right to compensation shall accrue from any such damage.
All necessary precautions shall be taken to preclude contamination of any wetland or waterway by suspended solids,
sediments, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally
deleterious materials associated with the project.
4. Any material dredged in the conduct of the work herein permitted shall be removed evenly, without leaving large
refuse piles, ridges across or along the bed of a waterway or floodplain, deposits within any regulatory floodway, or
deep holes that may have a tendency to cause damage to navigable channels or to the banks of a waterway.
5. There shall be no unreasonable interference with navigation by the work herein authorized.
6. Ifupon 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 mmmer as the Department of
Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore
the site to its former condition. No claim shall be made against the State of New York on account of any such removal
or alteration.
If granted under 6NYCRR Part 608, the NYS Department of Environmental Conservation hereby certifies that the
subject project will not contravene effluent limitations or other limitations or standards under Sections 301,302, 303,
306 and 307 of the Clean Water Act of 1977 (PL 95-217) provided that all of the conditions listed herein arc met.
8. At least 48 hours prior to commencement of the project, the penvJttee and contractor shall sign and return the top
portion of the enclosed notification form certifying that they are fully aware of and understand all terms and
conditions of this permit. Within 30 days of completion of project, the bottom portion of the form must also be
signed and returned, along with photographs of the completed work and, if required, a survey.
9. All activities authorized by this permit must be in strict conformance with the approved plans submitted by the
applicant or their designated agent as part of the permit application.
Such approved plans were prepared by: Nathan Taft Corwin Iii last revised on 2/9/09 (sheet 1 of 2) and Sea Level
Mapping last amended on 2/20/09 (sheet 2 of 2), both stamped NYSDEC approved on 3/17/09.
DEC PERMIT NUMBER
1-4738-03029/00010
PAGE 5 OF 5
Plan View
Prepared for: Mary Zupa
Surveyed: 05-29-08
Amended: 02-20-09
SCT# 1000-81-1-16.7
Town: Southold
Suffolk County, NY
~ 1"=60' ~
Sections
Plant inter.ticl
, Species b^L. al
~ow $i/I h,~nlncl
-'4khead
5o~ I~0,. /b q~ c ycl8
,. rorer fau · ' Y Ston~'
A
B,,,-- io, AppIIcont i~r~oses
regrode st:eel? stope
~ to creote opRrox. ~ on I ~lope
~ Plon~ ne~ ~lope ~lth cope
~ ~ omerlc~ ~och gross 18" oc
~lth juto mosh un~ll ~l~t5
~r~ ~ll~hod oreo
N
SEA
LEVEL
MAPPING
P.O. Box # 366
Aquebogue
NY 11931
ROBERT H, FOX
NYS PLS# 50197
95-20-1 (11/03) -gd
New York State
Department of Environmental Conservation
NOTICE
The Department of Environmental Conservation (DEC) has
issued permit(s) pursuant to the Environmental Conservation
Law for work being conducted at this site. For further
information regarding the nature and extent of the approved
work and any Department conditions applied to the approval,
contact the Regional Permit Administrator listed below. Please
refer to the permit numl~er show.n_when contacting the DEC.
/,.. ~./~'.~ ~'~ ~ ~ ~0~ /*~ Regi0nal Permit Administrator
Permit Number
Expiration Date
NOTE: This notice is NOT a permit
ROGER EVANS
COUNTY OF SUFFOLK
SUFFOLK COUNTY EXECUTIVE
DEPARTMENT OF HEALTH SERVICES
PERMIT
The attached plan, when duly signed by a representative of the Department, constitutes a permit to construct a water
supply and/or collection system for the properly as depicted. The applicant should take note of any conditions of
approval, which may be indicated on the plan or enclosed herein. Construction must conform with applicable
standards including "Standards for Approval of Plans and Construction for Sewage Disposal Systems for
Single Family Residences" and "Standards and Procedures for Private Water Systems." Omissions, errors or
lack of details on the plan does not release the applicant from the responsibility of having the construction done in
conformance with applicable standards.
The permit (plan) expires three (3) years after the approval date. Any modifications which may affect the proposed
sewage disposal or water supply systems requires submission of a revised plan and additional fees (if applicable) for
reapproval prior to construction. NO inspections will be performed by the Department on expired
permits.
Permits may be renewed, extended, transferred or revised in accordance with the procedures described in
"Submission Requirements for Approval of Sewage Disposal and Water Supply Facilities for Single Family
Dwellings" (Form WWM-041).
It is the applicant's responsibility to call the department at 852-5754, in advance, to arrange inspections of the
sewage disposal and/or water supply facilities prior to backfilling. These include inspections of the sewage
collection and disposal systems, water supply system components and piping, and final grading as shown on the
approved plans. In certain cases, inspections of the soil excavation may be required to determine the acceptability of
the soils tbr sewage disposal systems. The Department must be notified at least 24 hours in advance to schedule
an inspection and excavation inspections must be confirmed by calling 852-5700prior to 9:30 A.M., the morning
of the inspection. Article Vll of the Suffolk County Code, "Septic Industry Businesses," requires that all installers
qf septic .~vstems within Suffolk Count), shall possess a valid license fi'om the SufJblk Count3, Office of Consumer
dEl'airs. This oJlice can refuse to perform inspections or grant final approval for the construction of projects that are
installed b), an unlicensed individual. It is, thereJbre, in your best interest to utilize a cesspool contractor with a
valid license to avoid substantial delays in your project.
FINAL APPROVAL ISSUED BY THE DEPARTMENT IS NECESSARY PRIOR TO THE
OCCUPANCY OF NEW BUILDINGS, ADDITIONS TO EXISTING BUILDINGS, OR FOR
THE USE OF SEWAGE DISPOSAL OR WATER SUPPLY SYSTEMS.
WWM-058 (REV. 3/07) PAGE 1 OF 2
*DIVISION OF ENVIRONMENTAL QUALITY*OFFICE OF WASTEWATER MANAGEMENT*360 YAPHANK AVENUE, SUITE 2C*YAPHANK NY 11980*
PHOHE: (631)852-5700 FAX: (fl31)852-5155
INSTRUCTIONS FOR FINAL APPROVAL OF CONSTRUCTED
[t is the applicant's responsibility to call the Department to arrange inspections of the sewage disposal system and water
supply facilities prior to backfilling. These include inspections of the soil excavation for the sewage disposal system,
when required, and inspections of the water supply well, well lateral, public water sup~)ly line, disposal system, piping and
final grading. Other inspections may be required.
Following satisfactory construction and inspections:
1. The applicant must submit 4 prints of an as-built plan (up to and including ll"x17"), by a licensed design
professional, of the subject property showing the following:
a. the lot location and metes/bounds description;
b. thc lot number(s) and the name of the subdivision, if applicable;
c. permanent structures (i.e., buildings, driveways, walkways, swimming pools, decks, retaining walls, etc.)
d. the exact location of the private well and lateral, if applicable (give at least 2 dimensions measured from the
comers of the building to the well);
e. the exact location of the public water line, if applicable;
f. the exact location of the septic tank and leaching pool(s), if applicable (give at least 2 dimensions measured
from the comers of the building to the covers of the septic tank and each leaching pool);
g. the exact location of the sewer line from the dwelling to the street; if applicable; and
h. have a clear area at least 3" x 5" for the Department's approval stamp.
2. If any new subsurface sewage disposal system components have been installed, the applicant must submit a
certificate (Form WWM-078 or equivalent) from the licensed sewage disposal installer, attesting that the system has
been constructed according to the criteria of the Department. Ifa certificate from the installer cannot be obtained,
form WWM-073 completed by a licensed architect or engineer may be submitted.
3. Ifa well has been installed as the potable water supply, then the applicant must submit a well water analysis.
completed within one (1) year by a certified lab, and a well driller's certificate completed by a licensed well driller.
If the well or water quality does not conform to standards, corrective measures will be required as described in the
Department's "Private Water System Standards." Please note: water treatment units may not be installed without
prior approval of the Department.
4. If any pre-existing subsurface sewage disposal system components have been abandoned or removed, the applicant
must submit a Certificate of Abandonment (Form WWM-080) from a licensed contractor attesting that the previous
system has been abandoned according to the criteria of the Department. Ifa certificate from the contractor cannot be
obtained, form WWM-073 completed by a licensed architect or engineer may be submitted.
5. If public sewers are utilized for the dwelling, the applicant must also submit one (1) copy of the sewer line inspection
approval from the sewer district. In districts operated by Suffolk County, one (1) original of Form S-9, duly executed
by the Suffolk County Department of Public Works, and one (1) copy of a Suffolk County Department of Public
Works field sketch are required.
6. If public water is utilized, a tap letter from the appropriate water district indicating that service has been completed to
the dwelling will be required.
7. In certain cases, the applicant will be required to submit a certification from a licensed design professional, attesting
that all components of the sewage disposal system, retaining wall or sewage collection system have been properly
inspected and constructed according to the approved plans and permit conditions. Refer to "Certification of
Constructed Works" (Form WWM-073). Other documents may be required as indicated on the permit to construct.
HEALTH DEPARTMENT REFERENCE NUMBER MUST BE
ON ALL CORRESPONDENCE OR DOCUMENTS SUBMITTED.
SUBMIT ALL NECESSARY FINAL PAPERS AT THE SAME TIME.
PHOTOCOPIES OF DOCUMENTS WILL NOT BE ACCEPTED.
VVWM-058 (Rev. 3/07) PAGE 2 OF 2
18-0380p. 08/07
Office Location:
Town Annex/First Floor, Capitol One Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
Mailing Address:
53095 Main Road
1~O. Box 1179
Southold, NY 11971-0959
http://southoldtown.northfork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 Fax (631) 765-9064
April 19, 2009
Mark Terry, Principal Planner
LWRP Coordinator
Planning Board Office
Town of Southold
Town Hall Annex
Southold, NY 11971
Re: ZBA File Ref. No. # 6394 ZUPA, Mary
Dear Mark:
We have received an application for construction of a single family dwelling in addition
to an existing marina. A copy of the Building Inspector's Notice of Disapproval under
Chapter 280 (Zoning Code), and survey map, project description form, are attached for
your reference.
Your written evaluation with recommendations for this proposal, as required under the
Code procedures of LWRP Section 268-5D is requested within 30 days of receipt of this
letter.
Thank you.
Very truly yours,
APR 1 9 2010
Leslie K/~, isman
Chairpo~sod ~'~
By: ~~)~
Encls.
S 89'25'08" E
SECTION C
SECTION A
ZO UTHOLD
Y
SURVEY OF PROPERTY
BAYVIEW
RECEIVED
TOWN OF SOUTHOLD
SUFFOLK COUNTY, NEW YORK APR142010
S.C. TAX No. 1000-81-01-16.7
SCALE 1 "=40' BOARo OFAPPEAL~
JANUARY 7, 2002
JANUARY 29, 20D2 REVISED LOT AREA NOTATION
FEBRUARY 14, 2002 REVISED DRIVEWAY LABELS
MAY 15, 2002 LOCATED WETLANDS & ADDED TOPOGRAPHICAL SURVEY
JUNE 1, 2002 ADDED SITE PLAN
AUGUST 5, 2D02 REVISED WETLANDS LINE, SITE PLAN & ADDED TEST HOLE No 2
AUCUST 26, 2002 ADDED PROPOSED SEPTIC SYSTEM
JANUARY 25, 2005 ADDED DRYWELLS & HAY BALES
NOVEMBER 12, 2003 REVISED PROPOSED HOUSE
JUNE 6, 2007 REVISED TO SHOW PROPOSED LOT LINE CHANOE AT BASIN ROAD & UPDATED SURVEY EOR LOCATIONS OF NEW STRUCTURES
JULY 25, 2008 ADDED PRESCRIPTIVE EASEMENT
OCTOBER 7, 2008 ADDED METES ANB BOUNDS EOR PRESCRIPTIVE EASEMENT
FEBRUARY D, 2009 UPDATE SURVEY
APRIL 15, 2009 ADDED PROP CONVEYANCE AREA
FEBRUARY 5, 2010 LOCATED NEW DOCK & PLANTINGS
LOT AREA INCLUDING THE BULKHEAD AREA AT THE NORTHWEST PORTION OF : 75 815 sq. ff.
THE LOT PROJECTING INTO SODTNOLD RAY (TO BULKHEADS & TIE LINES) 1.~40
LOT AREA EXCLUDING THE BULKHEAD AREA AT THE NORTHWEST PORTION OF = 72 875 scI. fl.
THE LOT PROJECTING INTO SOUTHOLB BAY (TO BULKHEADS & TIE LINES) 1.~75 cc.
LOT AREA EXCLUDING THE BULKHEAD AREA AT THE NORTHWEST PORTION OF = 68,070 sq. ff.
THE LOT PROJECTING INTO SOUTHOLD BAY (TO BULKHEADS & TIE LINES)
AND THE WETLAND PORTION OF THE LOT
PROPOSED LOT COVERAGE:
AREA OF PROPOSED NOUSE, DECKS & POOL -- 5,755 sq. ft.
TIDAL WETLAND ADJACENT AREA = 68,070 sq. ff.
LOT COVERAGE OVER ADJACENT AREA = 8.47%
CERTIFIED TO:
CHICAGO TITLE INSURANCE COMPANY
MARY S. ZUPA
197.36'
DETAIL OF
OUTLINE OF PROPOSED
CONVEYANCE TO PARADISE
POINT ASSOCIATION
AREA = 5,069 sq, ff.
CONVEYANCE TO PARADISE POINT
ASSOCIATION DONE BY LOT LINE CHANGE TO UASIN ROAD
AREA = 5,869 sq. ft.
(SEE DETAIL)
TEST HOLES DATA
LEGEND
PLANTING SCHEDULE
LO LEYLAND SPRUCE
~E~A RHODADENDRONS
N~ NATIVE PLANTS
THE EXISTENCE OF RIGHTS OF WAY
AND/OR EASEMENT5 OF RECORD, IF
ANY, NOT SHOWN ARE NOT GUARANTEED,
N,Y,S, LIC, No 50487
Nathan Taft Corwln III
Land Surveyor
PHONE (651)727-2090 Fox (631)727-1727
OFFICES LOCATED AT MAILING ADDRESS
21-ill 91
ORDER
SURVEY OF PROPERTY
SITUATED AT
~AYVIEW :~&39 ~/
TOWN OF SOUTHOLD
SUFFOLK COUNTY, NEW YORK
S.C. TAX No. 1000-81-01-16.7
SCALE 1"=40'
JANUARY 7, 2002
JANUARY 29, 2002 REVISED LOT AREA NOTATION
FEBRUARY 14, 2002 REVISED DRIVEWAY LABELS
MAY 15, 2002 LOCATES WETLANDS ~ ADDED TOPOGRAPHICAL SURVEY
JUNE 1, 2002 ADDED SITE PLAN
AUGUST 5, 2002 REVISED WETLANDS LINE, SITE PLAN & ADDED TEST HOLE No. 2
AUGUST 26. 2002 ADDED PROPOSED SEPTIC SYSTEM
JANUARY 25, 2S03 ADDED DR~rINELLS & HAY BALES
NOVEM8ER 12, 2005 REVISED PROPOSED HOUSE
J[$NE 6, 20S7 REVISED TO SHOW PROPOSED LOT LINE CHANSE AT BASIN ROAD & UPDA]ED SURVEY FOR LOCATIOHS OF NEW STRUCTURES
JULY 23, 2008 ADDED PRESCRIPTIVE EASEMENT
LOT AREA INCLUDING THE BULKHEAD AREA AT THE NORTHWEST PORTION OF = 75 657 36 sq. ff.
THE LOT PROJECTING INTO SOUTHOLD BAY (TO BULKHEADS & TJE ENES) 1.~38 a=.
LOT AREA EXCLUDING THE BULKHEAD AREA AT THE NORTHWEST PORTION OF = 72 747 53 sq. ft.
THE LOT PROJECTING INTO SOUTHOLD RAY (TO BULKHEADS & TIE ENES) I.~70 ac.
CHICAGO TITLE INSURANCE COMPANY
MARY S. ZUPA
N5 '~C N5
197.36'
N5
BOAT BASIN
TEST HOLES DATA
N.Y.S. Uc. No. 50467
Nathan Taft Corw,n III
Land Surveyor
Fox (631)727-1727
S 89'25'08" E
SECTION C
ORDER
UTHOLD B,4 Y
NP
SURVEY OF PROPERTY
SITUA TED A T
BAYVIEW
TOWN OF SOUTHOLD
SUFFOLK COUNTY, NEW YORK
S.C. TAX No. 1000-81-01-16.7
SCALE 1 "=40'
JANUARY 7, 2002 BOARDO~APPEA~
JANUARY 29, BDO2 REVISED LOT AREA NOTATION
FEBRUARY 14, ~002 REVISED DRIVDNAY LABELS
MAY 15, 2002 LOCATED W~I'LANBS &AODED TOPOGRAPHICAL SURVEY
JUNE 1, 2002 ADDED SITE PLAN
AUGUST B, 2002 REVISED WETLANDS LINE, SITE PLAN & ADDED TEST HOLE No, 2
AUGUST 26, 20(32 ADDED PROPOSED SEPTIC SYSTEM
JANUARY 25, 2003 ADDED DRYWELLS & HAY BALES
NOVEMBER 12, ~GO.3 REVISED PROPOSED HOUSE
JUNE B, 2007 REVISED TO SHOW PROPOSED LOT LINE CHANGE AT BASIN ROAD & UPDATED SURVEY FOR LODATIONS OF NEW STRUCTURES
JULY 23, 2008 ADDED PRESCRIPTIVE EASEMENT
OCTOBER 7, 20DB ADDED METES AND BOUNDS FOR PRESCRIPTIVE EASEMENT
FEBRUARY 9, 2009 UPDATE SURVEY
LOT AREA INCLUDING THE BULKHEAD AREA AT THE NORTHWEST PORTION OF = 75 815 sq. ft.
THE LOT PROJECTING INTO SOUTBOLD BAY (TO BULKHEADS & TIE LINES) 1.~40 ac.
LOT AREA EXCLUDING THE BULKHEAD AREA AT THE NORTHWEST PORTION OF = 72 875 sq. fl.
THE LOT PROJECTING INTO SOUTHOLD BAY (TO BULKHEADS & TIE LINES) 1.~75 ac.
LOT AREA EXCLUDING THE BULKHEAD AREA AT THE NORTHWEST PORTION OF = 68,070 sq. fi,
THE LOT PROJECTING INTO SOUTHOLD BAY (TO BULKHEADS & TIE LINES)
AND THE WETLAND PORTION OF THE LOT
PROPOSED LOT COVERAGE:
AREA OF PROPOSED HOUSE, DECKS ~ POOL = 5,765 sq.
TIDAL WETLAND ADJACENT AREA = 6B,070 sq. ff.
LOT COVERAGE OVER ADJACENT AREA = 8.47~
CERTIFI~D TO'
CHICAGO TITLE INSURANCE COMPANY
MARY B. ZUPA
SECTION A
~C
AP
N~
LP
NP
NORWAY SPRUCE
1. ELEVATIONS ARE REFERENCED TO N.G.V.O. 1929 DATUM, EXISTING E~[VATIONS ARE SHOWN ~HUS:
TEST HOLES DATA
METES AND BOUNDS FOR
PRESCRIPTIVE EASEMENT
[] S 30'0B'40" W 9.05'
[] N 6~09'25" W 42.B9'
[] R=217.00' L:68.92'
[] R=150.00' L=99.77'
[] N 40'22'55" W 4R.24'
[] R=60.O0' L=16,54'
[] R=55.00' L=55.5S'
[] N 06'16'50" W 29.61'
[] N 85'45'09" E 9.00'
[] R=46.00' L=46.2B'
[] R=2.00' L=I.BR'
[] R=25.00' L=24.86'
[] R=69.00' L=lB.79'
[] S 40'22'55" E 49.24'
[] R=121.00' L=g2.BS'
[] S 84'21'15" E 75.91'
[] R=226.00' L=71.7B'
[] S 66'09'2~" E 45.89'
THE EXISTENCE OF RIGHTS OF WAY
AND/OR EASEMENTS OF RECORD~ IF
ANY, NOT SHOWN ARE NOT GUARANTEED*
N Y.S L~c No, 50467
Nathan Taft Corw n III
Land Surveyor
PHONE (651)727-2090 Fax (631)727-1727
21-61~
S 89'25'08" E
21.63'
TEST HOLES DATA
TEST HOLE No. 1
(TEST HOLE DUG ON MAY ~. 2002)
TEST HOLE No. 2
MAY
AUGUST
SURVEY OF PROPERTY
SITUATED AT
BAYVIEW
TOWN OF SOUTHOLD
SUFFOLK COUNTY, NEW YORK
S.C. TAX No. 1000-81-01-16.7
SCALE 1"=30'
JANUARY 7, 2002
dANUARY 29, 2002 REVISED LOT AREA NOTATION
FEBRUARY 14, 2002 REVISED DRIVEWAY LABELS
15, 2002 LOCATED WETLANDS & ADDED TOPOGRAPHICAL SURVEY
JUNE 1, 2002 ADDED SITE PLAN
5, 2002 REVISED WETLANDS LINE, SITE PLAN & ADDED TEST HOLE No.
AUGUST 26, 2002 ADDED PROPOSED SEPTIC SYSTEM
JANUARY 25, 2005 ADDED DRYWELLS & HAY BALES
2
42'04" W
.32~-
Z
N,Y S L~c. No. 49668
Joseph A. Ingegno
Land Surveyor
dE (65~)727-2090
Fax (631)727 1727
LOt AREA INCLUDING THE BULKHEAD AREA AT THE NORTHWEST PORTION OF : 75,687,36 sq. ff.
THE LOT PROJECTING INTO SOUTHOLD BAY (TO BULKHEADS & TIE LINES) 1.758 ac.
LOT AREA EXCLUDING THE BULKHEAD AREA AT THE NORTHWEST PORTION OF = 72,747.53 sq. ff.
THE LOT PROJECTING INTO SOUTHOLD BAY (TO BULKHEADS & TIE LINES) 1.670 ac.
CERTIFIED TO:
CHICAGO TITLE INSURANCE
MARY S, ZUPA
COMPANY
SO UTHOLD
(TOI~N' H~RBOR)
WETLAND BOUNOARY FOLLOWS
~'z-°m'~:~'¢~o'' E THE FACE OF BULKNF4B 134.02'
WELL
BOAT
PJp£
BASIN
463.2~
NOTES; ~
I. ELEVATIONS ARE REFERENCED TO N.G.V.D. 1929 DATUM,
EXISTING ELEVATIONS ARE FHOWN THUS:~
EXISTING CONTOUR LINES ARE SHOWN THUS: -
2, FLOOD ZONE ;NFORMATION TAKEN FROM:
FLOOD iNSURANCE RATE MAP No. 56106G0167 G
ZONE AE. EASE FLOOD ELEVATIONS DETERMINED
ZONE X* AREAS OF 500-YEAR FLO00, AREAS OF IO0-YEAR FLOOD WITH AVERAGE
DEPTH OF LESS THAN 1 FOOT OR WITH DRAINAGE AREAS LESS THAN
1 SQUARE MILE, AND AREAS PROTECTED BY LEVEES FROM IO0-YEAR FLOOD
ZONE X; AREAS DETERMINED TO BE OUTSIDE 500-YEAR FLOODPLAIN.
3. MINIMUM SEPTIC TANK CAPACITIES FOR A I TO 4 EEDROOM HOUSE IS 1,000 GALLONS,
1 TANK: 8' LONG, 4'-3" WIDE, 6'-7" DEEP
4, MINIMUM LEACHING SYSTEM FOR A 1 TO 4 BEDROOM HOUSE IS 300 sq ff SIDEWALL AREA,
2 POOLS; 6' DEEP, B* die.
~PROPOSED EXPANSION POOL
OPROPOSED LEACHING POOL
[¢,¢'~z~PROPOSEO SEPTIC TANK