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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.