HomeMy WebLinkAboutDiller, JohnCHRISTOPHER F. Mc:NULTY
29 Hawthorne Road · Milton, MA 02186
(617) 698-1580 · Cmcnult¥2000@yahoo.com
Ruth D. Oliva
Town of Southold
Zoning Board of Appeals
53095 Main Road
Southold, NY 11971-0959
8EP 2 8 2006
28 September 2006
Re: John Diller Variance
60 Peconic Bay Boulevard, Laurel, NY 11948
Dear Ms. Oliva,
I am writing in reference to John Diller's request for a variance to construct a
new residence on property he owns at the above address. Along with my
brothers and sisters, I am the owner of one of the adjacent properties, having
inherited the property at 415 Laurel Lane directly west of Mr. Diller's property
upon the unfortunate death of my mother, Maureen T. McNulty, on April 23,
2006.
As a side note, I find it curious that Mr. Diller has continued delivering notices to
my mother after her death- since he attended her funeral. Please forgive any
incorrect assumptions I may have made regarding the plans and variances, as I
have no direct knowledge of the site plans. Going forward, I request that all
hearing notices be sent to me at the abovementioned address, as well as to my
co-owners (addresses at the end of this letter.)
If is my understanding that Mr. Diller is seeking several variances for new
construction on his property.
With respect to a waterfront/bulkhead setback variance, I would object to such
a variance. As you know, the waterfront zones are fragile, and this area has
experienced significant beach erosion during the past few years--the beach is
currently lower than at any time in my recollection since the 1970's. Allowing the
variance, along with, as I understand, a bay-facing deck in front of the home,
would extend this structure seaward relative to the natural fall line of the
adiacent homes. Since the home he proposes would be a two story structure, it
would also obstruct views from our home. I respectfully request that this variance
be denied.
Mr. Diller also petitions for a variance on side yard setbacks. Since his proposed
structure would be a two story home, adjacent to an outdoor shower on our
property, his construction would loom large over that side of our home. This
shower does not extend beyond the exterior line of our home, but is inset into an
entry deck on that side of the home. Based on stakes placed by a surveyor on
Mr.; Filler's property, his home would site about 15 feet from our exterior wall. I
therefore respectfully request that this variance be denied.
Although I do not know if Mr. Diller is seeking a height variance for his
construction, if he is, I would also respectfully request that this variance be
denied, given the close proximity of the adjacent homes.
Thank you in advance for time and consideration. Please feel free to contact
me if you have any further questions or concerns.
Very truly yours,
Christopher F. McNulty
Christopher F. McNulty
29 Hawthorne Road
Milton, MA 02186
617 698-1580
Cmcnulty2000@yahoo.com
Thomas M. McNulty
13845 Valley Vista Boulevard
Sherman Oaks, CA 91423
310-339 3333
tmcnulty@earthlink.net
Elizabeth M. McNulty
311 East 90th Street #5A
NewYork, NY 10128
(212) 369-8792
Mark W. McNulty
184 Thompson Street Apt. LB
New York, NY 10012
212-228-1919
Markmcnulty44@hotmail.com
2
Meg McNdty Bernson
1813 Gales Street NE
Washington, DC 20002
206-399 1278
me~q mcnulty@yahoo.com
3
Jmnes F. King, President
Jill M. Doherty, Vice-President
Peggy A. Dickerson
Dave Bergen
John ttolzapfel
Town llall
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 SOUTI{OLD
Please be advised that your application dated f)/,p,~/O6' has been
reviewed by this Board at the regular meeting of 6/.2 / / O (; and fire
following action was taken: ~-,~
pplication Approved (see below)
(~)Application Denied (see below)
(__)Application Tabled (see below)
If your application is approved as noted above, a permit fee is now due. Make check or
money order payable to the So~thold Town Trustees. The fee is computed below
according to the schedule of rates as set fodh in Chapter 97 of the Southold Town
Code.
The following fee must be paid within 90 days or re-application fees will be necessary.
COMPUTATION OF PERMIT FEES:
TOTAk FEES DUE:
Elizabeth M. McNulty
311 East 90th Street #5A
New York, NY 10128
(212) 369-8792
Ruth D. Oliva
Town of Southold
Zoning Board of Appeals
53095 Main Road
Southold, NY 11971-0959
27 September 2006
Ms. Oliva,
I am writing to you about the Zoning Board's hearing regarding property at 60 Peconic Bay
Boulevard. It is my understanding that John Diller is seeking a variance on construction of a home
on this property, which is adjacent to property that had belonged to my mother, Maureen T.
McNulty. She passed away on April 23 of this year, and the property now belongs to my four
siblings (Christopher, Thomas, Mark, Margaret) and me. Mr. Diller is aware of my mother's death,
having attended her funeral; yet, her heirs were never directly informed of this hearing. We instead
heard of it from our uncles, John and Frank McNulty.
The lack of notice notwithstanding, I have some concerns regarding what I know to be the plans for
Mr. Diller's building and the variances he seeks.
Mr. Diller seeks a variance regarding the setback of his building from the bulkhead, which would
put his building directly next to our structure. The proposed structure is a two story building, which
is not in keeping with the one story structures on either side of the building plot. Furthermore, we
have an outdoor shower on the side of the house adjacent to Mr. Diller's property, the privacy of
which would be severely compromised by the existence of a two-story structure topped by a roof
deck. Finally, the proximity of Mr. Diller's home to our home coupled with the front setback
variance would obstruct our view of Peconic Bay.
Mr. Diller also seeks a variance for his side-yard setbacks. According to the stakes which are laid
out, his proposed structure would be closer to our home than it is to the property on the other side. I
object to that variance on the grounds that the house would be approximately 15 feet from our
home.
In summary, the manner of notification of the owners of the neighboring property was
unsatisfactory. The variances Mr. Diller seeks are unnecessary, intrusive and not in keeping with
the existing structures. I ask that you disallow them and have Mr. Diller reconsider his plans.
I thank you for your time and attention. I can be contacted using the information above.
Yours respectfully,
Elizabeth M. McNulty
Zoning Board of Appeals
Town of Southold
Room 8EP 2 8 2006
Southold, NY 11
RE: 60 Great Peconic May Boulevard
Dear Sirs and Madams:
My name is Margaret R. McNulty; I am the youngest daughter of the deceased
William E. and Maureen T. McNulty. As such, I am the one-fifth inheritor of the plot to the
west of the aforementioned land which has been in my father and mother's name for
nearly 30 years.
As you are aware, John Diller is proposing to construct a two-story home (now with
a deck) in the vacant lot adjacent to ours. I ask that the Zoning Board of Appeals (ZBA)
consider some factors that may bring to light some salient aspects of this proposal. To
clarify, John Diller is a relative, my father's first cousin, my second cousin, a man I have
known all of my life. Perhaps that fact alone is what saddens and outrages me about this
entire ordeal.
The facts:
1. Along the bulkhead of Peconic Bay, west of Brushes Creek, starting at Laurel Lane
and heading east, there are four houses in a row. All of which (until last summer)
have been in the McNulty and Diller families for over 100 years; farmed on and
celebrated many a family occasion.
2. On July 3, 2005, John Diller sold his home in Laurel (two plots to the east of the plot
to be built on), a property which he owned for several decades. This plot was
double the width of the current plot in question. He sold his home and pool for
somewhere around $1,800,000 and kept a small parcel of land and a modest
cottage and subdivided his plot. He still has that lot and cottage today and uses
when he is visiting New York, as he now resides in Nashville, TN.
3. In August of 2005, John approached my then-ill mother and informed her of his
intention to build a one-story home and discussed his need to maximize his space
since it was such a narrow plot. He did not offer to share architectural plans or ask
for her support, nor did she give it to him.
4. Hearings were held earlier this year starting n January, with no written notice to my
mother. My mother passed away on April 23, 2006. Certainly John knew, as he
attended her funeral. On her death bed, on the evening of April 21st of this year,
with all of my four siblings and myself at her side, my mother was adamant and
clear about her intention/wish that this waiver not be granted. (I write this letter to
ensure that her voice is heard.) The only letter sent to my mother's home was one
arriving in early September, only after it was brought to the Town's attention that
John had not been compliant with the required notification by registered mail. This
recent letter was written to my mother, a woman he knows is deceased.
5. The proposed house and new deck do not meet the required set backs. The house
is not equally situated on the land, skewed more toward our home. Erosion has
been a major issue and any changes to the landscape may compromise the
integrity of the beachscape.
His plans do not indicate that there is an outdoor shower on the east side of our
home. Since he would like his home so close to ours, no privacy can be
maintained.
I am adamantly opposed to these waivers as it not environmentally or aesthetically,
sound. These are small homes on tiny parcels of land in a lovely community, not excuses
to builder bigger and higher and better. Our home is old and does not have insulated
walls, his walls will be 14 feet from ours. I kindly ask the following: 1. Setback waivers of any kind not be granted.
2. The house not be built at an angle, but rather at the same straight line as all of the
houses around it.
3. That John agree to sign that he will not remove nor destroy any beach grass (the
new owners of his previous home have removed all beach grass and thus, contributed to
beach erosion) nor devastate any wild life determined as precious and/or endangered.
4. I ask that the home be centered on the plot, not skewed toward ours, allowing for
equal setbacks by both adjacent neighbors.
5. The garage not be allowed.
It is not my intent to deny John what is rightly his, however, he already had a wide
home and sold it for a large profit. It is very much feared that he will build only to sell
again, also to non-family members. Surely, we no longer live in the times of vast
farmland, family gatherings and slow pace, the practice is now of over-development.
Unfortunately, this proposed home represents exactly that.
I thank you for your time and ask that if you have any questions or clarifications, please
do not hesitate to contact me at the above information or at 206.399.1278. Please accept
this letter in substitution of my presence; I have a new baby and am thus limited in my
ability to travel.
Respectfully submitted,
Margaret R. McNulty
SURVEY OF PROPERTY
SfTUA TED A T
LAUREL
TOWN OF' SOUTHOLD
SUFFOLK COUNTY, NEW YORK
S.C. TAX No. 1000- 1 45-02- 1.2
SCALE 1"=30'
NOVEMBER 2, 2005
JANUARY 1,3, 2005 ADDED PROPOSED HOUSE
AUGUST 7, 2006 REVISED PROPOSEB HOUSE
AREA = 21,275.42 sq. ff.
(TO BULKHEAD) 0,488 CiO,
NOTES:
1. ELEVATIONS ARE REFERENCED TO N.G.V.D. 1929 DATUM
EXISTING ELEVATIONS ARE SHOWN THUS:~=o.
EXISTING CONTOUR LINES ARE SHOWN THUS: 5 --- -
r FL - FIRST FLOOR
S. MINIMUM SEPTIC TANK CAPACITIES FOR A 1 TO 4 BEDROOM HOUSE IS 1,000 GALLONS.
! TANK; 8' LONG. 4'-5" WIDE, 6'-7" DEEP
4. MINIMUM LEACHING SYSTEM FOR A 1 TO 4 BEDROOM HOUSE IS $00 sq ft SIDEWALL AREA.
2 POOLS; 6' DEEP, 8' dia.
~ PROPOSED SEPTIC TANK
TEST HOLE DATA
(TEST HOLE DUG BY ~ ON NOVEMBER 18, 2005)
EL. 14,7' O*
%L
HOLE
EL 2.0'
UNAUTHORIZED N_TERATION OR ADDITION
TO '1~15 SURVEY IS A ~OLATION OF
SECTION 7209 OF 3HE NEW YORK STATE
E~UCATtON L~W.
CERTIFiCATiONS INDICATED HEREON SHALL RUN
ONLY TO THE F~SON FOR WHOM THE SURVET(
IS PREP*~RF-D, ~ND ON HIS BEHALF TO THE
PREPARED iN ACCORDANCE wri'H THE MINIMUM
N.Y.S. Lic. No. 49668
A. Ingegno
Land Surveyor
T/fie Su~eys -- Subdivi~ons -- Site Ptona -- Construction Loyout
PHONE (651)727-2090 Fox (631)727-1727
TOWN O~
PREPARED IN ACCORDANCE WffH THE MINIMUM
STANDARDS FOR TI31.E SU~V['TS AS ESTABLISHED
BY THE L. LA. LS, AND APPROVED ARO ADOPTED
T/fie Surveys -- Subdivisions -- Site Plona -- Cof~etructton Loyout
PHONE (651)727-2090 Fox (631)727-1727
Land Surveyor
FOR SU H USE BY THE EW YORK ~TATE LAND
'OWN O[
James F. King, President
Jill M. Doherty, Vice-President
Peggy A. Dickerson
Dave Bergen
John Holzapfel
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
Please be advised that your application dated ~/,p.~/0¢
reviewed by this Board at the regular meeting of 6/oR//O (~
following action was taken: /,.j~_~
( ~")Application Approved (see below)
( )Application Denied (see below)
has been
and the
( )Application Tabled (see below)
If your application is approved as noted above, a permit fee is now due. Make check or
money order payable to the Southold Town Trustees. The fee is computed below
according to the schedule of rates as set forth in Chapter 97 of the Southold Town
Code.
The following fee must be paid within 90 days or re-application fees will be necessary.
COMPUTATION OF PERMIT FEES: ¢ L~ ~Ah ~(c ~,s¢,,_c~, /'~
TOTAL FEES DUE: $. I'0~. oo
BY: James F. King, President
Board of Trustees
James F. King, President
Jill M. Doherty, Vice-President
Peggy A. Dickerson
Dave Bergen
John Holzapfel
Town Halt
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
Southold Town Board of Trustees
Field Inspection/Worksession Report
Name of Applicant:
Name of Agent:
Property Location: SCTM# & Street
Brief Description of proposed action:
Tyl)e of area to be impacted:
/
C/Saltwater Wetland Freshwater Wetland Sound Front P/Bay Front
Distance of proposed work to edge of above:
~P~cOf Town Code work falls under:
prop,o,,s ed
hapt.97 Chapt. 3 / other
Type of Application: Wetland__Coastal Erosion__Amendment__Adminis2ative
__Emergency
Info needed:
Modifications:
Conditions:
Present Were: ~J.King __J.Doherty 'JP.Dickerson
Other:
dD Ber e d
· g n~J.Holzapfel
Mailed/Faxed to: Date:
Telephone
(631 ) 765-1892
Town Hall
53095 Route 25
P.O. Box 1179
Southold, New York 11971-0959
CONSERVATION ADVISORY COUNCIL
TOWN OF SOUTHOLD
At the meeting of the Southold Town Conservation Advisory Council held Wed., June
14, 2006, the following recommendation was made:
Moved by Jack McGreevy, seconded by James Eckert, it was
RESOLVED to recommend to the Southold Town Board of Trustees APPROVAL WITH
A CONDITION of the Wetland,Permit application of JOHN DILLER to construct a
single-family dwelling and sanitary system.
Located: 60 Peconic Bay Blvd., Laurel. SCTM#145-2-1.2
The CAC recommends Approval of the application with the Condition the house
footprint is moved to the north, in line with the adjacent houses.
Vote of Council: Ayes: All
Motion Carried
GOGGINS & PALUMBC~
ATTORNEYS AND COUNSELORS AT LAW
13105 Main Road
P.O. Box 65
Mattituck, New York 11952
Phone: (631) 2984200
Fax: (631) 298-4214
WILLIAM C. GOGGINS
ANTHONY H. PALUMBO
August 21, 2006
Southold Town Board of Trustees
54375 Route 25
Southold, New York 11971
Attn: Lauren
Re: John Diller
DONNA M. PALMER
Paralegal
AUG 2 2 2006
Dear Lauren:
In connection with the above referenced matter, enclosed please find the
following:
1. The amended survey with complies with the Trustee's June 21, 2006
decision;
2. Copy of the June 21, 2006 decision;
3. Sketch plan reflecting the second story amendment to the structure;
4. Payment in the amount of $100.00.
Please issue the permit so that we may proceed with the Zoning Board of
Appeals variance procedure.
If you have any questions, please do not hesitate to contact the undersigned.
WCG/dl
enclosures
Veyy truly yours,
William C. ~s
GOGGINS & PALUMBG~
ATTORNEYS AND COUNSELORS AT LAW
13105 Main Road
P.O. Box 65
Mattituck, New York 11952
Phone: (631) 298-4200
Fax: (631) 298-4214
WILLIAM C. GOGGINS
ANTHONY H. PALUMBO
August l0,2006
Southold Town Board of Trustees
54375 Route 25
Southold, New York 11971
Re: John Diller
Dear Sir or Madam:
DONNA M. PALMER
Paralegal
In connection with the above referenced matter, enclosed please find an
amended survey.
If you have any questions, please do not hesitate to contact the undersigned.
WCG/dl
enclosures
iy°urS'
PLANNING BOARD MEMBE
JERILYN B. WOODHOUSE
Chair
KENNETH L. EDWARDS
MARTIN H. SIDOR
GEORGE D. SOLOMON
JOSEPH L. TOWNSEND
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
Southold, NY
Telephone: 631 765-1938
Fax: 631 765-3136
To:
James King, President
Members of the Board of Trustees
From: Mark Ten'y,
Senior Environmental Planner
LWRP Coordinator
Date: June 16, 2006
Re:
Proposed Wetland Permit for JOHN DILLER
SCTM# 1000-145 -2-1.2
2006
William C. Goggins, Esq. on behalf of JOHN DILLER requests a Wetland Permit to construct a single-
family dwelling and sanitary system. Located: 60 Peconic Bay Blvd., Laurel. SCTM#145-2-1.2
The proposed action has been reviewed to Chapter 95, Waterfront Consistency Review of the Town of
Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based
upon the information provided on the LWRP Consistency Assessment Form submitted to this department,
as well as the records available to me, it is my recommendation that the proposed action is
INCONSISTENT with the denoted following Policy Standards and therefore is INCONSISTENT
with the LWRP.
Policy 6 Protect and restore the quality and function of the Town of Southold ecosystem.
6.3 Protect and restore tidal and freshwater wetlands.
A. Comply with statutory and regulatory requirements of the $outhold Town Board of Trustees
laws and regulations for all Andros Patent and other lands under their jurisdiction
Comply with Trustee regulations and recommendations as set forth in Trustee
permit conditions.
The proposed residence from a freshwater wetland is proposed at 75 feet[ a minimum separation
distance of 100' is required pursuant to Chapter 97. Please require that the applicant amend the
application to meet the above policy.
Pursuant to Chapter 95, the Board of Trustees shall consider this recommendation in preparing its written
determination regarding the consistency of the proposed action.
Jmnes F. King, President
Jill M. Dohe~%y, Vice-President
Peggy A. Dickerson
Dave Bergen
John Itolzapfel
ORI NAL
Town Hall
53095 Route 25
P.O. Box 1179
Southold, New York 11971-0959
Telephone (631) 765-1892
Fax (631) 765-6641
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
Office Use Only
Coastal Erosion Pemfit Application
,~'~Vetland Permit Application __ Administrative Permit
Amendment/Transfer/Extension
_.~R'ece~v~d Application: ,q~} I ~1 ~II~
~zReceived Fee:$ ~'O ~ -'
.,C--mnpleted Application ~] ~ ~/1~
__Incomplete
__SEQRA Classification:
Type I Type II Unlisted
Coordination:(date sent)
...~-LWRI Consistency AssessmentForm~hm~r~-,,cl~'o Zoning Board of Appeals
J~..AC Refenal Sent:~
'.Bate of Inspection: {~[I.:¥OL --
Receipt of CAC Report:
Lead Agency Determination:
Tcchnlcal Review:
~.~ublic Hearing Held: ~/al}q)~
Resolution:
Name of Applicm~[ John Diller
Address 250 Peconic Bay Boulevard/P.O. Box 39. Laurel. Now York
Phone Number:~3 ~ 208-4900
Suffolk County Tax Map Number: 1000 - 145.00-02.00-001. 002
Property Location: 60 Peconic Bay Boulevard, Laurel, New York
(provide LILCO Pole #, distance to cross streets, and location)
AGENT: WILLIAM C. GOGGINS
(If applicablc)
Address: 13105 Main Road/P.O. Box 65, Mattituck, New York 11952
Phone: 631-298-4200
trd of Trustees Applicati(
Land Area (in square feet
Area Zoning:. a-40
GENERAL DATA
21,275 sq. ft.
Previous nse of property: Vacant land
Intended use of property: Single family residence
Pdorpermits/approvalsforsiteimprovements: None, but concurrent applications:
Agency Date
Zoning Board of Appeal~
Department of Environmental Conservation
x No prior permits/approvals for site improvements.
Has rely pernfit/approval ever been revoked or suspended by a governmental agency?
x No Yes
If yes, provide explanation: N/A
Project Description (use attaclunents if necessary): construct a single
family residence in accordance with plans and located in
accordance with enclosed survey.
of Trustees Applicati~
WETLAND/TRUSTEE LANDS APPLICATION DATA
Purpose oftheproposed operations: reside at house.
Area of wetlands on lot: 0 square feet
Percent coverage of lot: 0 %
Closest distance between nearest existing structore and upland
edgeofwetlands: 44 feet from proposed house to bulkhead
Closest distance between nearest proposed structure and upland
edge of wetlands: 44 feet
Does the project involve excavation or filling?
No x Yes
If yes, how much material wilt be excavated?_ 1,400 cubic yards for basement
How much material will be filled? 0 cubic yards
Depth of which material will be removed or deposited: 8 feet
Proposed slope throughout the area of operations: same as existing
Manner in which material will be removed or deposited: excavating machines
entering property from street
Statemcnt of the effect, if any, on the wetlands and tidal waters of the town that may result by
reason of such proposed operations (use attachments if appropriate):
None
~rd of Trustees Applicati~
COASTAL EROSION APPLICATION DATA
Purposes of proposed activity: to reside in a house
Are wetlands present within 100 feet of the proposed activity?
No x Yes
Does the project involve excavation or filling?
No x Yes
If Yes, how ~nuch material will be excavated? 1,400 (cubic yards)
How much material will be filled? 0 (cubic yards)
Manner in which material ~vill be removed or deposited: excavation machines
entering property from street
Describe the nature and extent of the environmental impacts reasonably anticipated resulting
from implementation of the project as proposed. (Use attachments if necessary)
James F. King, President
Jill M. Doherty, Vice-President
Peggy A. Dickerson
Dave Bergen
John Hoizapfel
Town Hall
53095 Route 25
P.O. Box 1179
Southold, New York11971-0959
Telephone(631) 765-1892
F~x(631) 765-6641
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
BOARD OF TRUSTEES: TOWN OF SOUTHOLD
In the Matter of the Application of
.... .............................
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
I, William C. GoggiB~
AFFIDAVIT OF POSTING
do±ng business at
,Yt]~,~ 13105 Main Road, Mattituck~
New York 11952
being duly sworn, depose and say:
That on the 6thday of June ,2006, I personally posted the property known as
60 Peconic Bay Boulevard~ Laurel~ New York 11948
by placing the Board of Trustees official poster where it can easily be seen, and that I have
checked to be sure the poster has remained in place for eight days prior to the date of the public
hearing. Date of hearing noted thereon to be held (d)ottO. C3~/.4.tnd ~t, cTO{Xo"
Dated: June 1~, 2006
Sworn to before me this
J 6thday of June2006
Notary Public
'okx 0 boost ( ;30ffm,
(signatu~) -~ZLLZA~ C. ~0GCZ
DONNA M. PALMER
Notary Public, State of New York
No. 01 PA5069978, Suffolk County
Commission Expires December 9, o3-<:~:>C-~
~ILLIAM C. GOGGINS,
ATTORNEYS AND COUNSELORS AT LAW
P.O. Box 65
13105 Main Road
Mattituck, New York 11952
Phone: (631) 298-4200
Fax: (631) 298-4214
WILLIAM C. GOGGINS, ESQ.
ANTHONY H. PALUMBO, ESQ.
June l9,2006
Board of Trustees
Town of Southold
53095 Route 25
P.O. Box 1179 '
Southold, New York 11971
TRACY L. KARSCH, ESQ.
Of Counsel
DONNA M. PALMER
Paralegal
Re: John Diller
Dear Sir or Madam:
In connection with the above referenced matter, enclosed please find an
Affidavit of Posting.
If you have any questions, please do not hesitate to contact the undersigned.
WCG/dl
enclosures
PROJECT ID NUMBER
PART 1 - PROJECT INFORMATION
1. APPLICANT / SPONSOR
John Diller
3.PROJECT LOCATION:
Municipality Southold
617.20
APPENDIX C
STATE ENVIRONMENTAL QUALITY REVIEW
SHORT ENVIRONMENTAL ASSESSMENT FORM
for UNLISTED ACTIONS Only
( To be completed by Applicant or Project Sponsor)
2.PROJECT NAME
Diller Residence
County Suffolk
ORIGINAL
SEQR
4. PRECISE LOCATION: Street Addess and Road Intersections, Prominent landmarks etc -or provide map
60 Peconic Bay Boulevard, Laurel, New York
(53ft of Laurel Lane)
5. IS PROPOSED ACTION: E~]New E~Expansion E~Modification/alteration
6. DESCRIBE PROJECT BRIEFLY:
Construct single family house.
7. AMOUNT OF LAND AFFECTED:
Initially .5 acres Ultimately .5 acres
8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS?
[---]Yes [] No If no, describebriefty: 1. Requires a sfdeyard setback variance
2. Approved by Board of Trustees
9, WNAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.)
~'--~Residenlial E]lnOustdal [~]Commercial E]AgdcuR,re E~Park/Forest/OpenSpace p-]Other(describe)
10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL
AGENCY (Federal, State or Local)
[~Yes E]No I[ yes, list agency name and permit / approval:
Zoning
Board
of
Appeals
11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL?
L~Yes [~No If yes, list agency name and permit / approval:
12 AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION?
E]Yos []No
I C RTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
Applicant ,~ ~/....~///~ Date:April 18, 2006
Signature
'~a, and you are a state agency,
complete the Coastal Assessment Form before proceeding with this assessment
PART II - IMPACT ASSESSMENT (To be completed by Lead Agency)
A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.47 If yes, coordinate the review process and use the FULL EAF.
B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617,67 If No, a negative
declaration may be superseded by another involved agency.
E~Yes [~]No
C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible)
C1 Existing air qua[fly, surface or groundwater quality or quantity, noise levels, existing tra[fic pattern, solid waste production or disposal,
potential for erosion, drainage or flooding problems? Explain bdefiy:
C2. Aesthetic1 agricultural, archaeological, historic, or other natural or cultural resoumes; or community or neighborhood character? Explain briefly:
C3, Vegolalloll or fauna, fish, shellfish or wildli[e species, significant habitats, or Ihreatened or endangered species? Explain briefly:
C4. A community;s existing plans Or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly:
C5. Growth, subsequent development, or related activities likely to be induced by Ihe proposed action? Explain briefly:
C6. Long term, short term, cumulative, or other effects not identified in C1-C57 Explain briefly:
C7, Othe, impacts (including changes in use of either c~uanfii¥ e; t~pe of energy? Explain briefi}~:
D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL
E. IS THERE, OR IS THERE LIKELY TO BE, CONTROYERSY RELATED TO POTENTIAL ADVERSE ENVI.RONMENTAL iMPACTS? If)'es ex,lain:
E~Yes ~]No
PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency)
INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, impotent or otherwise significant. Each
effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability el' occurring; (c) duration; (d) irreversibility; (e)
geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contaia
sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question d of part ii was checked
yes, the delermination et significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA.
Check this box if you have identified one or more potentially large or significanl adverse impacts which MAY occur, Then proceed directly to the FULl
EAF and/or prepare a positive declaration,
Check this box if you have determined, based on the information and analysis above and any suppoding documentation, that the proposed actior
WILL NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporgng thi..
determfeation.
Name of Lead Agency
Print or Type Name of Responsible Officer in Lead Agency
Signature of Responsible Officer in Lead Agency
Date
Signa~re of Preparer Cf distant from responsible officer)
!
Board of Trustees Application
County of Suffolk
State of New York
WILLIAM C. GOGGINS BEING DULY SWORN
DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE
DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HERE1N ARE
TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT ALL WORK
WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY
BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT
AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES
HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLA1MS ARISING
UNDER OR BY VIRTUE OF SAID PERMIT(S), 117 GRANTED. 1N COMPLETING THIS
APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR
REPRESENTATIVES(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE
PREMISES IN CONJUNCTION WlTI~I P. sEVIEW OF THIS APPLICATION.
SWORN TO BEFORE ME THIS t8th DAY OF April
,20 06
Notary Public
ELAINE T. VILLANO
Notary Public, State of New York
No, 01 Vl6029229, Suffolk County
NOTICE 'FO ADJACENT PROPERTY OWNER
BOARD OF TRUSTEES~ TOWN OF SOUTHOLD
Ill thc matter of applicant:
John Diller
YOU ARE HEREBY GiVEN NOTICE:
1.
SCTM# 1000-145 . 00-02 . 00-001 . 002
That it is the intention of the undersigned to request a Permit from the Board of Trustees
to: Construct a single family residence
That the property which is the subject of Environmental Review is located adjacent to
your property and is described as follows:
60 Peconic Bay Boulevard, Laurel, New York
That the project which is subject to Environmental Review under Chapters 32, 37, and/or
97 of the Town Code is open to public comment on: . You
may contact the Trustees Office at 765-1892 or in writing.
The above-referenced proposal is under review of the Board of Trustees of the Town of Southold
and does not reference any other agency that might have to review same proposal.
OWNERS NAME: John Diller
MAILING ADDRESS: 250 Peconic Bay Boulevard/P.O. Box 39
Laurel, New York 11948
PHONE#: c/o William C. Goggins
631-298-4200
Eric: Copy of sketch or plan showing proposal for your convenience.
ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD
COUNTY OF SUFFOLK: STATE OF NEW YORK
In the matter of the application of
JOHN DILLER, AFFIDAVIT
SCTMNo. 1000-145.00-02.00-001.002
STATE OF NEW YORK )
)SS:
COUNTY OF SUFFOLK)
JOHN DILLER, being duly sworn, deposes and says:
1. I mn the owner of the above referenced property, and I hereby
authorize William C. Goggins, Esq. to act on my behalf and to handle all
necessary work involved for approvals before the Southold Board of
Trustees and Zoning Board of Appeals to construct a single fmnily
residence.
Sworn to before me this
,_~ day of April, 2006
I~T~RY PUBLIC
J~H~I) II~ER
i'l~f, INA M, PALMER
~um,~ Pub~i~, State o! New York
No. 01PAS06§g78, Suffolk CoUntyr
C;.ommi~qi~n F×pireS December g~ ..~%
APPLICANT/AGENT/REPRESENTATIVE
TRANSACTIONAL DISCLOSURE FORM
The Town of Southold's Code of Ethics nrohibits conflicts of interest on the oart of town Officers and emolovees. The oumose of
thi~ form is to nrovide information which can alert the town of possible conflicts of interest and allow it to take whatever action is
necessary to avoid same.
YOURNAME:
Diller~ John
(Last name, first name, [piddle initial, unless you are applying in the name of
someone else or other entity, such as a company. If so, indicate the other
person's or company's name.)
NAME OF APPLICATION: (Check all that apply.)
Tax grievance Building
Variance Trustee
Change of Zoae Coastal Erosion
Approval of plat Mooring
Exemption from plat or official ~nap Planning
Other
(If"Other", nalne 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,
including a par[nership, in which the town officer or employee has even a partial ownership of(or employment by) a corporation
in which the town officer or employee owns more than 5% of the shares.
YES NO X
lfyou answered "YES", complete the balance of this form and date and sign where indicated.
Name of perso, employed by the Town of Southold
Title Or position of that person
Describe the relationship between yourself (the applicant~agenffrepresentative) and the town officer or employee. Either check
the appropriate line A) through D) and/or describe in the space provided.
Tbe town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply):
A) the owner of greater than 5% of thc shares of the corporate stock of the applicant
(when the applicant is a corporation);
__B) the legal or beneficial owner of any interest in a non-corporate entity (when the
applicant is not a corporation);
__C) an officer, director, partner, or employee of the applicant; or
__D) tt~e actual applicant.
DESCRIPTION OF RELATIONSIIIP
Form TS I
Submitted this ~m]xda~of ApriL/. / ~00~6_~_
Signature ~I/L. ]'Jd'~_ 0 ~X M/
Town !ff $outhohl
LWRI' CONSISTENC5 ASSESSMbN I FORM
A. INSTItUCTIONS
All applicants for pemfits* inclttdi~g Town of Southold agencies, shall complete this CCAF for
proposed actions that are subject to thc Town of Soulhold Waterfront Consistency Review Law. This
assessment is intended to supplement other information used by a Town of Southold agency in
nmking a determination of consistency. *Except mirror exempt actio~ts i~tchtding Buihli~tg Per, tits
amt other ministerial pe~v;tits ~lot [oc'atcd wil/ti~t t/re ('o~sta[ ]~ro,s'io~t ] htzrtrd,,lrca.
Bcforc auswcring thc questions in Scclion C., thc preparer of this Ibrm shoukl review lllc exempt
minor action list, policies and cxplanalions o1' each policy ccmtaincd in thc Town of Southold Local
Waterli'ont Revitalization Progrmn. A proposed actiou wiIl be evaluated as to its signilicaut
beneficial mid adverse effects upon Iht coastal arc;~ (which im:ludcs all of Soulh~dd Town).
Il'any question in Scclion C on Ihis I'mln is answcle,.I "yes", Ihcn thc prtq~oscd action Inay aflk:ct
achievement of the LWRI' policy stm~dards alld 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 thc maximum extent practicable with the LWRP policy
standards and conditions. I£ an action cannot be certified tis consistcnt with the LWRP policy
standards and conditions, it shall not bc undcrlakco.
A copy o£the LWRP is available in thc lbllo;vmg places: online at Ihc Town of Southohl's wcbsite
(southohltown.northfork.net), the Bored of Trustees Office, thc Plamfing Department, all local
libriu'ies and the Town Clerk's office.
B. DESCI~,II'TION OF SITE AND iq/OI'OSEI) ACTION
SCTM# 1000 - 145.00 02.00- 001.002
The Applicatio ~ has been submdted to (check appropriate response):
TownBoard [-"-I l'l:mningBoa,'dl-~ Building Del, t. [~] Boa 'd of rruslees []
Categot3~ of Town o£Southold agency action (check appropriate respoase):
(a) Action undertaken directly by Town agency (e.g. capital
construction, plamfing activity, agency regulation, land transaction)
(b) Financial assistm~ce (e.g. grm~t, loan, subsidy)
(c) Permit; aiii3rOval, liaense, ~rtification:
Nature tu~d extent of action:
vari. ance ko approve consicrucc:[ou of a si. ngle farai, l_y res±dence.
l,ocalion ol'action: .... 6_9 (;_rea~,_Pe~c_on~i_c B~y Boulevard, Laurel , New York
Site acreage: ~21,275. s_%_!~t. _ ......................
Prescl/t lalld i. ise: vacant land
IkcscntT.~,ling classilicafi~nl: 1~. /40
If an applicalion Ibr thc prq>oscd acti(,t has been tiled with thc Town of Southold agency, thc Ibllowing
informalion shall be provided:
(a) Name of a ~plicant: Jo)n l~)ille~r_
c/o W±llJ_am e. Gogg±ns
(b) Mailing address: .p_~_o_. _Box _65,.~a_~t:i_.~_uck, New York i[052
(c) Telephone tmmbcr: Area Code ( ) 631-298-4200
(d) Applicaliol~ number, if any:
Will the action be dircctly undertaken, reclUim Funding, or approval by a state oi feder d ge cy?
Yes ~ Nol } ifyes, which state or federal agency?2ossible 1).u.c.
C. DEVEI,Olqgi) COAST POLICY
Policy 1. Foster a l)attern of development in tile To~vn of Sonthohl that enbances cOmllmllity character,
preserves ope~ space, makes efficient nsc of infrastructure, nmkes beneficial use Of a coastal location, and
minimizes adverse effects of development. See LWRP Section Ill - Policies; Page 2 for evahlation
criteria.
[-qYes [~ No [] Not Applicable
Altach additional sheets if necessary
Policy 2. Pi oteet ai ti preserve ]llstorle and al chaeologlcal I esom ecs of lhe I own of Sonthohl. See LWRI'
Section 111 - Policies I'alles 3 tbrongh 6 for evalaation criteria
~ Yes [-'-] No [] Not Apl)lic:lble
Allach.addifional sheels if ltecessa~y
l'olicy 3. Enhance ~risuai iluality and protect scenic resources throughout the Town of Southlfld. See
LWRP Sectioq Ill - Policies l'ages 6 through 7 roi' evahlalion crite,'ia
[] Yes [~ No [~ Not Api, lical,le
Allach additional shccls ifnccessaiy
NATURAL COAST I OLICII;S
Policy 4. Minlniize Il)ss iff life, slruelul'cS, :lnll Ilalural resources I']'Oll[ Iloollin~ anll erosion. See I,WRP
Section 111- Policies I'ages 8 through 16 for evaluation criteria
~] Yes [] No [] Not Apl,licable
Attach additimlal sheels if necessary
Policy 5. l'rotect and ilnprove water quality and sUpllly in the Town of Southold. See LWRP Section !II
- Policies Pages 16 through 21 for ewfiuation criteria
~ Yes /~ Ni, [~Nl,tAl, l, lical,le
Attach additional sheets il' necessary
Policy 6. l'rotect and restore tile quality anti function of tile Towil of Southold ecosystems inchlding
Significant. Coastal Fish and Wildlife Ilabilats and wetlands. See I,WRl' Section III- Pnlleh~. I,,.,,,,~ 22
[] Yes [] N0 [~] Not Aliplieable
Attach additional shcets if necessary
Policy 7. l'rotect alld improve ail' quality ill tile Towu of Southohl. See I,WRP Section 111 - Policies
Pages 32 through 34 for e~ lit alton criterm.
[~] Yes [] No lx~ Not Apl, licable
Attach addilional sheets if ncccss;ny
i'olicy 8. 3linit l'ze environmental degradation in Towo of Southold from solid waslc and hazardous
substances ami wastes. See ,WRP Sectmn I11- Policies; Pages 34 through 38 for evaluatio,~ crflerm.
PUBI,IC COAST I'OIACIIr~S
Policy 9. l'rovide for imlflic access to, and recreational use of, coastal waters, imblic lands, and In,blic
resonrces of the To;vii o1' Soulhohi. See I~WRI' Seclloli 111 - Policies; Pages 38 throllgh 46 for evahlatlOll
criteria.
[] Yes~-~ Ho [~ Not Applicable
Atlach additional shccls il ncccssaly
WOI/KING COAST POIACIES
Policy 10. Protect Soothohl s water-dependent uses altd promote s~tlng of new water-depentlen{ uses
suitable locations. See IA, VRP Section III - Policies; Pages 47 through 56 for evaluation ct ilerm.
[] Yes [-] No [-~ Not Ai;l, lical, le
Attach additional sheets if necessary
Policy 11. I'romote sustainable use of living marine resources in 1,Ollg Island Sound, the Peconic Esluary
and Town waters. See LWRI' Section I11 - Policies; Pages 57 through 62 for evaluation crileria.
~ Yes [---] No [~ Not Al, l, licable
Altach additional sheets il' nccessary
l'olicy 12. Protect agricultural lands in the Town' of Soulhold. See LWI~tP Section III - Policies; I'ages 62
through 65 for evaluation criteria.
V1 Yes ~] 1N,,[-~ Not Al,i, lical,le
Altach additional sheets if necessary
Policy 13. Promote appropriate use and development of energy ami mineral resources. See LWRP
Section 11I - Policies; Pages 65 through 68 for evaluation criteria.
~ Yes ~] [No [] Not Applicable
Created on 5/25/05 11:20 AM
GOGGINS & PALUMBO
ATTORNEYS AND COUNSELORS AT LAW
13105 Ma'm Road
P.O. Box 65
Mattituck, New York 11952
Phone: (631) 298-4200
Fax: (631) 298-4214
WILLIAM C. GOGGINS
May 17,2006
Board of Trustees of the Town of Southold
P.O. Box 1179
Southold, New York 11971
Re'
John Diller
Premises: 60 Peconic Bay Boulevard, Laurel, New Yorl
1000-145.00-02.00-001.002
Dear Sir/Madamx
ANTHONY H. PALUMBO
DONNA M. PALMER
Paralegal
Please be advised that this firm represents John Diller in connection with the
construction of his above referenced residence.
Enclosed please find the original and two (2) copies of the following: 1. Application;
2. Short Environmental Assessment Form;
3. Copy of Authorization to Act (Zoning Board of Appeals has original);
4. Survey of proposed construction;
5. LWRP Consistency Assessment Form; and
6. Check in the amount of $250.00
If you have any questions, please do not hesitate to contact the undersigned.
Very truly yours,
WCO/dmp
WILLIAM C. GOGGINS
SURVEY OF PROPERTY
$[TUA TED A T
LAUREL
TOWN OF SOUTHOLD
SUFFOLK COUNTY, NEW YORK
S.C. TAX No. 1000-14.5-02-1.2
SCALE 1"=30'
NOVEMBER 2, 2005
JANUARY 15, 2005 ADDED PROPOSED HOUSE
AUGUST 7, 2006 REVISED PROPOSED HOUSE
AREA = 21,275.42 sq, fi.
(TO BULKHEAD) 0.488 ac.
APPROVED
BOARD OF TRUGl
TOWN OF SOUTHOb)
DATE ~/2'~/o C
NOTES
~. ELEVATIONS ARE REEERERCEO TO N.G.V.D. ~929 OATGM
EXISTING EL£VATIONS ARE SHOWN THUS:~¢
EXISTING CONTOUR LINES ARE SHOWN THUS: 5 ~
~ MININUN SEPTIC TANK ~APACITIE$ FOR A ~ TO ~, BEDROOt~ HOUSE IS 1,000 GALLONS
I TANKi 8' LONG, 4'-3" WIDE, 6'-7" DEEP
4 MINIMUM LEACHINB SYSTEM FOR A 1 TO 4 BEDROOM HOUSE IS 500 aq ff SIDEWALL AREA
2 POOLS; 6' DEEP, 8' dia.
TEST HOLE DATA
\
\
THE EXISTENCE OF RIGHTS OF WAY
AND/OR EASEMENTS OF RECORD, IF
~ N.Y.S. Lic, No, 49668
Land Surveyor
85-381(.;
NOTES
SURVEY OF PROPERTY
$ITUA TED A T
LAUREL
TOWN OF $OUTHOLD
SUFFOLK COUNTY, NEW YORK
S.C. TAX No. 11300-14S-Q2-1,2
SCALE 1 "--/50'
NOVEMBER 2, 2005
JANUARY 13, 2005 ADDED PROPOSED HOUSE
AREA =
21,275.42 sq. fi.
0.488 ac.
: MAY 19 2006
1. ELEVATIONS ARE REFERENCED TO N.G.V.D. 1929 DATUM
EXISTING ELEVATIONS ARE SHOWN THUS:~
EXISTING CONTOUR LINES ARE SHOWN THUS:
TEST HOLE DATA
Land
ngegno
~or
PHONE (651)727-2090 Fax (631)727-1727
~5-381
SURVEY OF PROPERTY
SITUA TED A T
LAUREL
TOWN OF SOUTHOLD
SUFFOLK COUNTY, NEW YORK
S.C. TAX No. 1000-145-02-1.2
SCALE 1"--.30'
NOVEMBER 2, 2005
JANUARY 13, 2005 ADDED PROPOSED HOUSE
AUGUST 7, 2006 REVISED PROPOSED HOUSE
AREA : 21,275.42 sq, ff.
(TO BULKHEAD) 0,488 ~C.
NOTES:
1. ELEVATIONS ARE REFERENCED TO N,G,V,D. 1929 DATUM
EXISTING ELEVATIONS ABE SHOWN THUS:~O
EXISTING CONTOUR LINES ARE SHOWN THUS:
TEST HOLE DATA
17¸
~°~o ~
N Y,S. L[c. No. 49668
Joseph A. Ingegno
Land Surveyor
PHONE (631)727-2090 Fax (631)727-1727
25-381.