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HomeMy WebLinkAbout6422 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.north fork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765.1809 Fax (631) 765.9064 COVER SHEET WITH ZBA FILE STATUS OF FILE Tax Map #: /O~a-- 6~0- I-~ Location: ]c~:~" t9o i ~4'" [ ] Refund issued: CANNOT activate or reactivate file (Applicant has withdrawn application). [~] NO REFUND DUE, based on time spent for Town to process application and heatings. [.>~] Obsolete & expired; CANNOT reactivate this file: NEW-APPLICATION NECESSARY: Extensive time has passed; Zoning Code changes are now in effect and this application expired. NOTE: Applicant may apply for a new application with Building Inspector for a new Notice of Disapproval and submit NEW application with all documents and current maps to ZBA, or modify plan to conform to the current code. This Town file based on applicant's previous year requests has expired. [ ] No forms to be scanned; FILE # VOID: APPLICATION RETURNED. forms were returned to applicant early in process, as requested by applicant.) (All ROSENBERG FORTUNA & LAITMAN LLP Telephone: (516) 228 6666 Facsimile: (516) 228-6672 ATTORNEYS AT LAW 666 Old Country Road. Sure 810 Garden City, NY 11530 New York City 110 East 59~ Street New York, New York 10022 (212) 980-6666 Not For Service of Legal Papers David I Rosenberg October 3,2011 VIA FACSIMILE AND OVERNIGHT DELIVERY VIA FACSIMILE AND OVERNIGHT DELIVERY Town of Southold Zoning Board of Appeals 53095 Main Road, P. O. Box 1179 Southold, New York 11971-0959 Town of Southold Zoning Board of Appeals 53095 Main Road, P. O. Box 1179 Southold, New York 11971-0959 Attention: Vicki Toth Secretary Attention: Leslie Kanes Weisman Chairperson Re; Benali, LLC Property Situate 1275 Cedar Point Drive West, Bayview Town of Southold, New York SCTMA 1000-90~1-2 [)ear Mmes. Toth and Weisman: As the Zoning Board of Appeals ("ZBA') shall recall, this office is counsel to peUtioner Benali, LLC ("Benali") in connection with the above referenced application. Please permit this correspondence to confirm that Benali hereby withdraws the above referenced application from the consideration of the ZBA. Very truly yours, D berg DIR:dmg cc: Benali, [.LC (via electronic mail and first class mail)x``-, / Attention: Steven Kram, Member Suffolk Environmental Consulting, Inc. (via electronic mail and first class mail) Attention: Bruce J. Anderson Town of Southold Town Attorney (via facsimile and ilrst class mail Attention: Jennifer Andaloro, Esq., Assistant '?own Attorne,/ SURVEY OF LO'~Ld4 IIHAF' OF Gl=DAR BI=ACH PARKI' FILL=D DEC.,. 20, Iq2-t AS MAP # qO SITUATE, BAYVIEIN TOHN.. ~OUTHOL~ SUFFOLK G(:~-I'Y, NY ggRVEYED: 02-28-200q I~ISED: 0]-21-200~, 12-15-200~ 0~-01-2010 5VFFOLK COUNTY TAX LOT # I000 - <::tO - I - 2 PROPPED I:~ETAININ~ INALL PROPOSED ~EPTIG GP-.O~ ~ECTION SANITARY NOTES: ~. SEPTIC TANK SHALL BE MONOLITHIC AND fABRICATED FRON hO DIA X 4 SOLIB RING WITH 36 LIOUID DEPTH 2 ~ CESSPOOLS 8 OlA 3 BEEP, MIN ~ MAX 2 COVER 3 ~ETAINING WA L SHALL BE WATERPROOFEO ON SANITARY SlOE NOTEE~ 0 PIPE FOUND Ace(] = ],185 S.F. OR 0.164q Acres PROPERTY FEMA FLOOD ZONES AS SHOWN ON MAP # :~lO:~OOI6-/ H ELEVATION5 ~FE~NCE NAVD Iq88 DASH FLA~5 ~HO~N ~ ~ E~AL LAND~ EDgE OF TIDAL ~TLAND5 AS OELINEA~O BT ~FFOL~ ENVIRONMENTAL OON~LTINE, Inc. ON NO~H~E~ ~, 20~ ~PHIG SCALE I"= 20' AREA OF PROPERTY TO EDgE OF I, tETLAN~ 6,5&2 ~.F. HOUSE AREA 860 5.F. PERCENT OF LOT C(2VE~E 1~3.1% LAST MAIN STR[:L'I N.Y.S. LIC. NO. 50202 RFVERHEAD. N.Y. 11901 ~ 369-8288 Fax 369-8297 F-r,r' \Duc on,eh t, and S e,tin~s\(.) FLOOR 3E,LINC !1 RECEIVED S£P 1 0~0~1~ BOARD OF APPEALS FLOOR CEIL;NC FLOOR I FLOOR CEILING FLOOR CEILING FLOOR CEILING FLOOR CEILING FLOOR NOTE -ACTUAL HOUSE MAY VARY FROM ELEVATION RECEIVED SEP '7 2010 BOARD OF APPEALS ~2 7 CEILING CEILING I ~ FLOOR CEILING ~kO0~ ~ j~ SEP ? 2010 FLO0~ ~ j BOARD OF APPEALS NOTE- ACTUAL HOUSE MAY VARY FROM ELEVATION ' PREUMINARY 29'-0 HALL i 10'-0" BEDROOM #5 Room Sq Ft: 109 57 16'-0" I 2852-2 DINING ROOM OMIT S'-ll" SECT CLG ~ WALL GYP 2852 25'-7 1/2" DATA PLATE, STATE LABEL AND PFS LABEL LOCATION KITCHEN 43'-0" FAMILY ROOM Room Sq Fi: 19069 Light Req: 15 25 Light Provided: 43.4 2852-2 RECETVE D,4~ d(7/~" SEP ? 2010 NOTES: 1. ·- DENOTES ADDITIONAL COLUN~N IN BASEMENrl' 2. 2X6 EXTERIOR WALLS 16" O.C. 3. 2X4 MARRIAGE WALLS 16" O.C. 4. 9'-0" CLG. 5. STAIRS TO BE 8 i/4" RISERS AND 9" TREADS. 6. 7, 8. 10. 11. 12. ROA~D OF APPEALS 43'-0' 7'-4- 1/2" CLO 10'-2 1/2" WALK-IN CLOSET 38'-5 1/'2" (~ 242~0 BATH #4 BEDROOM #2 Room Sq Fl: 137.88 I GALLERY Room Sq Ft: 193.96 10'-2 1/2" 2852 0MIT 5'--11' SECT CLG & WALL GYP BEDROOM #1 16'-0" i 2852-2 43'-0" RECEIVED SEP ? 2010 BOARD OF APPEALS NOTES: 1. ~- DENOTES ADDITIONAL COLUMN IN BASEMENT 2. 2X6 EXTERIOR WALLS 16" O.C. 3. 2X4 MARRIAGE WALLS 16' O.C. 4. 8'-0" CLG. 6. 7. 8. TEST HOle DATA HOUSE 17.0 / / WEST gg / LAKE Lot $00,£ RETAINING St, Lot 118 now or forrrle-, 'Johns Ep~scopalr~chUrch WALL SECTION TOP OF WALL LITTLE PECONIc BAy SANITARY SECTION: NOTES: 1, TOTAL AREA = 5,561 S.f, ADJACENT AREA = B,4-3~ S.F. 2. 0 = SPIKE SET, I= REBAR FOUND. 3, SUBDIVISION MAP "CEDAR BEACH PARK" FILED IN THE OFFICE OF THE CLERK OF SUFFOLK COUNTY ON DEC. 20, 1927 AS FILE NO. 90 4. ELEVATIONS SHOWN HEREON ARE REFERENCED TO 5, THIS PARCEL IS WITHIN FIRM ZONE VE(EL 10) AS DIUNEA. T~D ON FIRM BOUNDARY MAP NO. 36103C0169 H LAST DATED SEPT. 25, 2009 6. APPROXIMATE FILL REQUIRED = 180 CUBIC YARDS REQUIRED (FOR SANITARY). 7. ADJACENT LOT COVERAGE: HOUSE = %061 S.F. DECK : 534 S,F, TOTAL : 1,595 S.F. OR 15.9% 9. THE NON-TURF BUFFER MAY BE MA/NTAINED VIA MOWING. Survey for: SIM MOY Lot I19, "Cedar Beach Park" At Bayv~evg Town of $outhold Suffolk County, New York S.C.T.M.: 1000-090.00-02.00-001.000 JOSEPH FISCHET~, PE PROFESSIONAL ENGINEER 1725 HOBART ROAD SOUTHOLD, N.Y. 11971 EXISTING GRADE- FEB. 25, 2010 ADOEO OFFB~S CERTIFIED TO: SIM MOY ~4 SUNSET AVENUE WESTHAMPTON BEACH, N,Y, 11975 (631) 288-0022 ........... (~.} REINFORCED CONCREEPIER ~ FOOTING SEE DETAIL )N OF STAIRWELL NEW WI4xRB SEEL I BEAM GIRDER §1 · ~] ~ ~ ~MGME~ ~ONNECWON (~ICAL) ~i.L/~ NEW WlNxRB STEEL I BEAN GRDER NEW~14x26 SEEL I BEGAN GIR_E,B. ~ NEW Wl4x~RB ~EE_L I BEAM GIRDER ONNEC~ON (~ICAL) T~MONENE BDNNEBIlON (TYPICAL) 18 gl NDMENT CORWEC~ON (I~PIBAL) ~NONENT BOMNEGNON NEW W14x26 STEEL I B~N GIRt,ER _~ NEW WlEx26 SEEL I BEAN GIRDER -- ~5- ~WOMENE CONNECTI~ (TYPICAL) MOgERT RONNECRON 43' O' FOUNDATION PLAN 0 0 0 0 0 0 18"X18" REINFORCED CONCRETE PIER (TYPICAL OF 12) 48"x 45'-6" REINFORCED CONCRE~: FOOTING (TYPICAL OF 5) PROVIDE STRAPS AS REQUIRED TO MODULAR FRAME (DETAIL BY OTHERS) PROVIDE ACQ TREATED PLATES BOLTED TO GIRDER W14x26 STEEL I BEAM GIRDER SYSTEM FULL PENETRATION WELD (BOTH SIDES - TYPICAL) 12"x12"x~" STEEL BEARING PLATE WITH (4) ~"x24" ANCHOR BOLTS PRIME & PAINT WllH RUST INHIBITOR PAINT (8) #6 REBAR VERTICAL RODS #5 REBAR STIRRUPS © 9"0c HORIZONTALLY ALL REBAR IS TO BE TIED TOGETHER TO CREATE A FULL CAGE WITH APPROVED METAL WIRIE TIES GRADE #6 REBAR REINFORCING RODS (6 PER PIER) MINIMUM 2¢ VERTICAL EXTENSION INTO PIER MINIMUM 18" HORIZONTAL EXTENSION INTO FOOTING #6 REBAR REINFORCING RODS @ 6"oc BOIH DIRECTIONS (6" oc THE LONG WAY & 6" oc THE SHORT WAY) FOUNDATION PIER & FOOTING DETAIL PROJECT TITLE & LOCATION. PROPOSED FOUNDATION PLAN Cedar Point Drive West Southold, New York SCTM # 1000-90-1-2 WORKNOTES: Notes sh~ll be considered typical for iEems identified and shall apply Eo ail same a~d similor conditions or locations; all locations may act be noted.) I ~i~EAST END DESIGN ASSOCIATES, LLC PO Box 1675 SHEET NAME: Foundation Plan Foundation Details OWNERSHIP AND USE OF DRAWINGS: These drawings and speclflcotions including the ideos, des[9n end arrangements represented therein, ore the proper~y of EoM End Design Associotes, LLC. No pod. thereof sholl be copied, disclosed Bo others or used m connection with any work or project other Dhon for which Bhey hove been prepared without wrltten consent of Eost End Design Associotes, LLC. PROJECT NO: 814-2010 DRAWN BY: CMA SCALE: 1/4" - 1'-0" 5/4"= 1'-o" DATE', 06- 1 5-2010 SHEET INDEX: AIO1 SOIL AND WATER CONSERVATION DISTRICT FAX: (631)727-3160 COUNTY OF SUFFOL] Steve Levy SUFFOLK COUNTY EXECUTIVE Paul A. TeNyenhuis DISTRICT MANAGER (631)727-2315 December 28, 2010 Chairperson Leslie K. Weisman Town of Southold Board of Appeals P.O. Box 1179 Southold, New York 11971-0959 RECEZVED JAN 0 6 2011 · OARD OF APPEALS ZBA #6422 - Benali, LLC Dear Chairperson Weisman: As per your request, on December 22, 2010 a site review was conducted at 1275 Cedar Point Drive West in Southold. This site was evaluated for potential natural resource concerns regarding the proposed construction of a new single family dwelling. The subject property is located on West Lake, an inlet off Hog Neck Bay. The observations and recommendations of this office are as follows. The ground elevation is gently sloping southward towards West Lake with an average existing elevation of approximately 5 or 6 feet above sea level according to Suffolk County LIDAR elevation data. Although this Lake is tidally influenced, there is little variation in the tide level. The high tide mark does not extend above the 2 foot contour. There are two existing structures on the property, a small shed and a dock. The existing vegetation is dominated by Phragmities australis. It is recommended to leave all existing vegetation intact and not disturb the shore line. According to the Suffolk County Soil Survey, the native soils on the property are RdB- Riverhead Sandy loam with 3-8% slopes. This soil type is classified as hydrologic soil group B; group B soils are well drained, highly permeable soils. This means that any nutrients, such as fertilizer and septic system effluent, will readily percolate down into the groundwater table. The test hole data on the survey indicates that the groundwater elevation is at 1.1 feet above sea level. This data was collected on November 12, 2009. Although this elevation is accurate for the summer and fall, it is important to realize that the ground water elevation in the springtime will likely be much higher than this, perhaps 2-3 feet higher. In this instance the cesspools will not have adequate separation from groundwater and will serve as a nitrate contamination source to the groundwater and thus the Lake and the 8ay. 423 Griffing Avenue, Suite 110 · Riverhead · New York 11901 SOIL AND WATER CONSERVATION DISTRICT FAX:(631)727-3160 COUNTY OF SUFFOL~ Steve Levy SUFFOLK COUNTY EXECUTIVE Paul A. TeNyenhuis DISTRICT MANAGER (631)727-2315 The southern side of the proposed dwelling is 30 feet away from the mean high tide mark. A 100- foot set-back from tidal wetlands is ideal, with 50 feet as the minimum recommendation. It is unlikely that a 30-foot setback will provide a sufficient buffer to protect both the wetland as well as the structure from extreme storm activity. Although it is possible to develop this site, it has severe natural resource limitations, mainly the depth to ground water and set-back from the wetland. If you require further assistance in this matter please don't hesitate to contact me. Best regards, Nicole Spinelli Soil District Technician 423 Griffing Avenue, Suite 110 · Riverhead · New York 11901 DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE RECEIVED SE? 0 BOARD OF APPEALS THOMAS A. ISLES, A.I.C.P DIRECTOR OF PLANNING Town of Southold ZBA PO Box 1179 Southold, NY 11971 Att: Leslie K. Weisman, Chairman Dear Mr. Weisman: September 14, 2010 Pursuant to the requirements of Sections A 14-14 thru A 14-25 of the Suffolk County Administrative Code, the following applications submitted to the Suffolk County Planning Commission are to be a matter for local determination as them appears to be no significant county-wide or inter-community impact. A decision of local determination should not he construed as either an approval or disapproval. Applicants Municipal File Numbers Latham, Edward #6421 Benali, LLC #6422 TRK:ds Very truly yours, Thomas A. Isles Director of Planning Theodore R. Klein Senior Planner LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR P.O. BOX 6100 (631) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 853-4044 PLANNING BOARD MEMBERS KENNETH L. EDWARDS JAMES H. RICH III DONALD J. WILCENSKI 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 PLANNING BOARD OFFICE TOWN OF SOUTHOLD ~£CE~VED MEMORANDUM FEB 2 2 2011 BOARD OF APPEAL~ To: From: Leslie Weisman, Chair Town of Southold Zoning Board of Appeals Mark Terry, Principal Planner Date: February 18, 2011 Re: ZBA file Ref. No. 6422 (Benali LLC) SCTM 1000-90-1-2 In response for your request for comments I offer the following information on the above referenced application. I offer this assessment based upon over 15 years of professional experience in wetland science; including wetland design, construction, monitoring and delineation. Additionally, I am proficient in the US Army Corps of Engineers wetland delineation techniques having accomplished and applied the professional training course in 1995 and more recently in 2009. Since 2002 I have worked with the New York State Department of Conservation and the Southold Town Board of Trustees as a Southold Town employee performing wetland delineations and proposing wetland mitigation applications to projects. The application involves a request for variances from Article XXIII Code Section 280-124 based on an application for building permit and the Building Inspector's August 27, 2010, Notice of Disapproval concerning proposed construction of a single family dwelling at less than the code required front yard setback of 35 feet, at: 1275 Cedar Point Dr., West (adj. to West Lake) Southold, NY. SCTM#1000-90-1-2. Upon initial review of the application in October, 2010 it was noticed that the wetland delineation line shown on the survey titled; Survey of Lot 134 "Map of Cedar Beach Park" Filed Dec 20, 1927 as Map 40 submitted to the Board was substantially different from the wetland delineation line shown on a survey submitted to the Board of Trustees for the Kram application on the same parcel. The later line was used to issue permits for a dock structure by the Board of Trustees (6325) and the New York State Department of Environmental Conservation (1-473-02841/0000). Note that this review does not analyze potential impacts to the tidal wetlands, rather, it presents a case history of occurrences and findings regarding the landward limit of the tidal wetlands. Parcel History The subject parcel was created in the subdivision of Map of Cedar Beach Point as lot (#134). A notation on the map indicates that the southern portion of the lot was "To be filled". See figure 1. Figure 1. Map of Cedar Beach Point showing subject lot (#134) w~th notation To be hlled Figure 2. 1930 aerial showing subject parcel location and limit of intertidal marsh prior to filling. (Source Town of Southold MAPINFO) The current parcel width when com that shown above indicates that~ t the parcel had been filled in the past, post 1930. The aerial photo above indicates that the fill was placed on intertidal marsh at the time. On November 11, 2006 the New York Department of Environmental Conservation issued an Article 25 Tidal Wetlands permit for the construction of a gazebo/shed, dock and launching rails. The wetland boundary shown on the plans were delineated by Robert Fox in January of 2006. See figure 3. rx i4, e~ew~r~sm~.,,_ V II -- I BY P.,. FOX, i~ ~ Figure 3. NYSDEC approved plan showing wetland limits (2006) In March of 2008, the Board gued a Chapter 275 Wetlands same actions on the parcel. The Board of Trustees recognized and approved the wetland line shown on the plan delineated by Robert Fox in January 2006. See figure 4. TX 14' OR OTHER ~ · ,I...4.1 FLOAT 6' X 20' S~CURF..D AT E OF OOCK BY TWO ~,' d. PliES OR 2' METAl. P~F~S ACCE~ TO ~3.5~ X 2T OVERALL; COiF [NGIN I~1~1~ OAT?. OUM~Y OtSTURBED Nrc. aR LANDNVARD LAUNCHING RAILS TO 8~ REP~ ~VtrH NATI~/E VEGITCA- APpROX ~ ~ FT PR~R-T PERMIT SEP.¥ICE $ Figure 4. Board of Trustees Wetland Permit for the proposed action showing limits of wetlands (2008) Current Parcel Conditions The parcel is partially cleared and currently improved with a gravel parking area, shed, dock and launching area. The structures were approved in the above referenced decisions. Wetland Delineation The Town of Southold groups wetlands into two distinct classifications: Freshwater and Tidal. Both classes of wetlands contain unique indicators (hydrology/vegetation/soils) that define the existence and limits of the system. Verification of such a system relies heavily on the presence and/or absence of these indicators. The two definitions are included below: WETLANDS (FRESHWATER) [Amended 10-11-2005 by L.L. No. 17-2005] (1) "Freshwater wetlands" as defined in Article 24, Title 1, § 24-0107, Subdivisions l(a) to l(d) inclusive, of the Environmental Conservation Law of the State of New York; or (2) All lands and waters in the Town which contain any or all of the following: Lands and submerged lands commonly called "marshes," "swamps," "sloughs," "bogs" and "flats" supporting aquatic or semiaquatic vegetation of the following types: [3] Emergent vegetation, including, among others, cattails (Typha spp.), pickerelweed (Pontederia cordata), bulrushes (Scirpus spp.), arrow arum (Peltandra w'rginica), arrowheads (Sagittaria spp.), common reed (Phragmitss australis), wild rice (Zizania aquatica), bur-reeds (Sparganium spp.), purple Ioosestfife (Lythrum salicaria), swamp Ioosestrife (Decodon verticillatus) and water plantain (Alisma plantago-aquatica); WETLANDS (TIDAL) (1) Afl lands generally covered or intermittently covered with, or which border on, tidal waters, or lands lying beneath tidal waters, which at mean Iow tide are covered by tidal waters to a maximum depth of five feet, including but not limited to banks, bogs, salt marsh, swamps, meadows, flats or other Iow- lying lands subject to tidal action; (2) All banks, bogs, meadows, flats and tidal marsh subject to such tides and upon which grows or may grow some or any of the fo/lowing: smooth cordgrass (Spartina altemiflora), salt hay grass (Spartina patens), b/ack grass (Juncus gerardii), saltworts (Salicornia spp.), sea lavender (Limoneum spp.), marsh e/der (/va frutescens), groundsel (Baccharis halimfolia), marshmallow (Hibiscus spp.) The Town of Southold Town Code defines a Wetland Boundary as "the point where existing wetland indicator species no longer have the competitive advantage over upland species". This delineation method weighs heavily on the presence or absence of hydrophytic vegetation. Hydric soils and/or site hydrology is used when the wetland boundary is not clearly evident. The full definition is included below: WETLAND BOUNDARY OR BOUNDARIES OF WETLAND - Wetland ecosystems generally possess three essential characteristics: (1) hydrophytic vegetation, (2) hydric soils, and wetland hydrology. The wet/and indicator status of all plants can be found in the National List of Plants that Occur in Wetlands (USFWS). The wetland boundary is most easily determined by defining the outer limit of the vegetation specified in the definition of '~reshwater, brackish or tidal wetlands." The wetland boundary is to be defined and flaq,qed at the point where existin.q wetland indicator species no longer have a competitive advantaqe over upland species. Wetland and upland plants will mix to.qether at this transition zone. For freshwater wetlands that frequently lack standing water (shrub swamps, deciduous swamps, coniferous swamps and wet meadows), vegetation alone may not be adequately diagnostic for identification of a wetland boundary. In these wetland types, field verification of wetland hydrology and/or hydric soils might be required to define the boundary. The methodology used to determine this boundary shaft be the same methodology utilized in the New York State Department of Environmental Conservation (NYSDEC) Technical Methods Statement relating to the Freshwater Wetlands Act. A site inspection on October 19th, 2010 revealed that the dominant wetland indicator species in the intertidal zone is smooth cordgrass (Spartina altemiflora) with common reed (Phragmite australis) and groundsel bush (Baccharis halimifolia L) dominating the higher elevations. National List of Vascular Plant Species that Occur in Wetlands: 1996 National Summary lists smooth cordgrass as an Obligate hydrophytic species. The Obligate status indicates that the species occurs almost always (estimated probability 99%) under natural conditions in wetlands. Both groundsel bush and common reed are Faculatative Wet indicator species. These species usually occur in wetlands (estimated probability 67%-99%), but are occasionally found in non-wetlands. Based upon field observations, the line delineated by Mr. Robert Fox ai~stablished and recognized through permits issued by the New York State Department of Conservation and Board of Trustees is located where the wetland indicator species have a marked advantage over upland species. Correspondingly, the historic filling of the parcel cannot be overlooked. As indicated above the parcel was filled post 1930. The fill was placed over intertidal wetlands as indicated on the 1930's aerial photograph. The Soil Survey of Suffolk County (See figure 5) validates this finding in that the majority of the parcel area (where hydrophytic vegetation dominates) is not assigned a soil series This assessment was based upon Chapter 275 wetland delineation requirements and it should be noted that the ACOE Wetland Delineation Manual Technique (three parameter test) was not applied to the site. The test would involve the assessment of vegetation, soils and hydrology and must be applied durin,q the ,qrowin,q season. Figure 5. Soil contours lines on subject parcel. Note the line which marks the soil series change. The area to the south is unclassified (open water/marsh). The area to the north is identified as Riverhead sandy loam (RdB). Source (Town of Southold MAPINFO). Based upon the above findings, I would agree with the Board of Trustees and New York State Department of Environmental Conservation recognition, through approval, that the wetland line is located where indicated as delineated by Mr. Robert Fox and shown on the 2006 and 2008 approved plans. Cc: JenniferAndaloro, Assistant Town Attorney To: FORM NO. 3 NOTICE OF DISAPPROVAL Suflblk Environmental Consulting fbr Benali, LLC Property P O Box 2003 Bridgehampton, NY 11932 DATE: August ~201 ~i:CEiVF:~,,~~ SEP 7 2010 BOARD OF APPEALS Please take notice that your application dated July 27, 2010 For construction of a new single family dwelling at Location of property 1275 Cedar Point Dr. West, Southold, NY County Tax Map No. 1000 Section90 Block 1 Lot 2 Is returned herewith and disapproved on the following grounds: The construction of a single family dwelling on this non-conforming (upland 6,580 sq.fl.) lot, is not permitted pursuant to Article XXIII Section 280-124 which states; "This section is intended to provide minimum standards for granting of a building permit for the principal buildings of lots which are recognized by the town under 280-9, are nonconforming & have not merged pursuant to 280-10." On lots less than 20,000 sq. fl., the required fi'ont yard setback is 35'. The site plan indicates a front yard setback of 10'. Authorized Signature RECEIVED , APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS llotl~e No. 1275 $11'eet Cedar Point Drive \Vest F/am]et Bayview SCTM 1000Section o,~;o Block el Lot(s)_. oo2 LotSlze ?, 19s5 sq.ft. Zone I (W-E} AP~l~AL ~E WRITTEN DETERMINATION OF THE BUll,DING iNSPECTOR DATED ~.~ i ~ -~ i ~ ~ BASED ON SURVEY/SiT~ PLAN DATED March 1, ~2()]o . Applican~(s)/Owner(s): BENAL1, LLC (c/o Stex e Kr~m) Mailing Address: 11 $99 Bel]agio Road; Los Angeles, CA 900~9 Telephone:(SlO) $$o-t~ooo Fax: · N/A Email: N/A NOTE: la addition lo 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 represent: Name of Representative: Bruce A. Anderson (,5'tLffbl3 for CY) O~vncr ( )Other: Environmental Consulting, b~c.) Address: P.O. Box ~200,$; Bridgeha_~_l)ton, NY 1195~2 Telephone: (~st) 5.37-$16Q , F~g.: (631) 587-5o91 Email: suffolkenvironmental(W~hotmail.com Please check to specify ~vho you wish correspondence to be mailed to, from the above namgs: ( ) Applicant/Owner(s), ( ) Authorized Representative, ( ) Other Name/Address below: W H s.R~Y ~ BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED March 1,)~l!) . and D.E. NEED AN APPLICATION DATED July eT, eOlO FOR: (~ Building PermR ( ) Certificate of Occupancy ( ) Pre-Certificate of Occupancy ( ) Change of Use ( ) Permit for As-Built Construction ( ) Other: Provision of the Zoning Ordinance Appealed. (Indicate Artlch~, Section, Subsectlonof Zonin$ Ordinance by numbers. Do not quole the code.) Article: XXIII Section: eso Subsection: D2~b Type of A]~eal. An Appeal is made for: (v~ A Variance to the Zoning Code or Zoning Map. ( ) A Variance due to lack of access required by New York Town Law- Section 280-A. ( ) Interpretation of the Town Code, Article Section ( ) Reversal or Other A prior appeal ( ) has, (~as not been made at any time witl~., respect to this ~ronertv. UNDER Appeal No(s). Year(s). .. (Pteoze be acre to re~earch before completing th~$ queation or call ottr office ~r a.vaiatance} Nnme of Owner: ~ File R.F..A$O~, FOR APPEAL (additioJm/ sheets maF b._e used with preparar's signature): AREA VARIANCE REASONS: RECEIVED so ar (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: PLEASE REFER to the ATTACHED ADDENDUM. (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant ~ pursue, other than an area variance, because: (3) The amount of relief requested is not substantial because: (4) The variance wffi NOT have an adverse effect or impact on the physical or enxqronmenlal conditions in the neighborhood or district because: (5) Has the alleged difficulty been serf-created? ( )Yes, or ( )No. Are there Covenants and Restrictions concerning this land: [3 No. U Yes (v/e~se {urnish cow), This is the MINIMUM that Is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and thc health, safety, and welfare of thc community. Check thiz box ( ) IF ,4 USE V,4RIANCE IS B~TVG REQ~ESTEf~ /~D PLEASE COMPLETE THE ATTACHED USE VARI~NCE$tlE£T: (Ptensff/be~,~toeonsuCyour~t/or~y.) Slgnatnre'of Appellant or Authorized Agent Sworn to before m~ th~' ~',a~ day of .~gP~. ~.~/a , . Notify Pl(hlic .... - M~tthew D. Ivans Notar', P(JDiic ¢ New York N'o 01iV6053859 Oualifir~d in Sulloik County .. Commission Expires January 22, 2011 TOWN of SOUTHOLD ZONING BOARD of APPEALS ADDENDUM regarding the BENAL[, LLC RECEIVED Situate: D273 Cedar Point Drive West; Bayview; Town of Southold, New- York S'· (TM #: 1000 090 ,)1 0(,~2 SEP ~ Z01~{::SV(4~_ .4RE~1 I"/IRI/IN('E bIE/tSONS: BOARD OF APPEALS (1) An undesirable change will not be produced in the CHAILhCTER of the neighborhood or a detriment to nearby properties il'granted, because: Referring to the attached aerial photograph, in that the neighborhood surrotmding West Lake is almost entirely comprised of non-conforming residential parcels improved with single-family dwellings, no change to the CHARACTER of the neighborhood is anticipated with the improve~nent of this lot in a residential fashion. Additionally, in that no discernible DETRIMENT to neighborhood properties have occurred from previously improved parcels, we do not anticipate that this proposal will create a DETRIMENT to nearby properties. (~2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicatkm to pursue, other than an area variance, because: Referring to the attached survey, this lawfully created parcel is substantially burdened by wetlands, where any proposed activity within any upland portion of the property cannot meet the required ~5.o' wetlands setback. Application of the ~5.o' front yard setback required within this R -~o zoning district would result in an area of proposed activity located a maximum of only ~0.0' from the wetlands boundary. Consequently, the applicant requests variance relief from the front yard setback requirement in order to maximize the wetlands setback for the proposed improvements. No other method is practicable in obtaining the applicant's goal while minimizing any and all non- conformities associated with this project. (3) The amount of relief requested is not substantial because: Again, referring to the attached survey, this lawfully created parcel is extensively burdened by wetlands located along the southern shoreline. No location within the uplands portion of this property is conforming with respect to wetlands' setbacks for any proposed activity. Consequently, we do not believe that this request for relief can be deemed substantial in that the applicant is attempting to minimize the environmental non-conformities with respect to this application. (+) The variance will NOT have an adverse ettbct or impact nn the physical or environmental conditions in the neighborhood or district because: Again, referring to the attached aerial photograph, review of the neighboring properties surrounding West Lake indicates various improved properties exhibiting various non- conformities with respect to zoning setbacks, as well as wetlands setbacks. In that these properties have not had any discernible effect to the physical/environmental conditions within the immediate area, we do not anticipate that the granting of this variance will create a detrimental impact to the neighborhood. (5) lIas the alleged ditlqculty been self-created? ( ) Yes, or ( X ) No. No. This property was lawfully created via the subdivision of "Map of Cedar Beach Parl~', filed on December ~0, 19~7. Consequently, this difficulty has not been self- created. Are there Covenants and Restrictions concerning this land: ( X ) No. ( ) Yes (please h,,',.sl, copy) This is the MINIMUM that is necessary and adequate, and at the same time preserve and prntect the character of the neighl)orhood and the health, satiety, and welfare of the conlmunity. BOARD OF APPEA Appliennt: APPLICANT'S PROJECT DESCRIPTION ~For EBA Re, terence) Bruce A. Anderson (.~ Sqffblk Enwronmenlal Consulting, Inc. ~ Date Pmp~d: July ~27, ~2010 L For Demolition of gxlsting Building Areas Plca~ describe areas Icing removed: N/A SEP 7 2010 II..New Construction Areas (New Dwelllug or New Additions/Extensions): D:munsions of first floor extension: 860.0 sq. ft. + Dimcnslons of new s~ond floor: 860.o sq. ft. _+ (maximum) Dimensions of floor above ae~oad lgvel: N/A Height (from finished ground to top of ridgg): .< I$ basement or lowest floor area Icing const~cted? Ify~s, please provide height (above ground) measured from natural existing grade iD first floor:. N/A (ttouse to be built upon piles) BOARD OF APPEALS HI. Proposed Construction Description (Alterations or Structural Changes) (anach exua she~t ifneces~a'y) - Please describe building areas: Numl:~ of Floors and C_~neral Characteristics BEFORE Alterations: N/A Numicr of Floors and Changes WflH Alterations: N/A IV. Calculations of building areas and lot coverage (from surveyor): Exi~ng square footage of buildings on your property: l s8.o sq. ft. + (shed, dock, ramp upland only) Proposed increase of building coverage: 899.0 sq. ft. _+ {house, retaining wall, less shed to be removed ii'om property) Square footage of your lot: 7, 185 sq. ft. + Percentage of coverage of your lot by building area: ~2.6% + existing; V. l'urpos~ of New Construction: Construction of a Single-Family Res]a'bnce with related structures w~tmn a lawhmy created residential Darce]. VI. Please describe the land contours (flat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meetine the code reouirementfs~: The property is characterized by a gentle slope froin the street to the shoreline The northern section of the property is comprised of lawn area, the central/ shoreline area is comprised of typical native shoreline vegetation, inclusive of Phragmites spp. The upland portion of the property zneasures 63.o' in depth (max) from the tidal wetlands boundary, and therefore, no proposed activity will meet the required environmental setbacks Consequently, all proposed activities in this application have been sited in a location to fully maximize these setbacks, which results in the zoning non-confor~mties herein. ]Please submit seven (7) photos, labeled to show different aagles of yard areas after staking corners for new coastructlon), and photos of building area to be altered with yard view. 7/2002; 212005; 1/2007 QUESTIONNAIRE FOR FILING WFI'H YOUR ZBA APPLICATION p,F:CEIVI::D ls the subject premises listed on the real estate market for sale7 SEP 7 2010 X No Are there any proposals to change or alter land contours? BOARD OF APPEALS X No Yes, please explain on aUaLhed sheet. 1 .) Are tha~ areas that contain sand or wetland grassy:s? Yes. 2.) Ar~ those areas shown on tim survey submi~ed with this applic, ation? Yes. 3.) Is the property bulk headed between thc wetlands area and the upland building area? No. 4.) If your prope~y contains wetlands or pond areas, Ilave you contacted the Office of the Town Wastees for its deteraTdnation ofjurisdiclion? Yes. Please confirm stalUs of your inquh-y or application with the Trustees: Pending. upon ZBA determination. and if issued, ptease attach copies of permit with conditions and approved survey. Is there a depression or sloping elevation near the area of pmpose, d construction at or below five foot above mean sea level? Yes. Are there any patios, concrete barriers, bulkheads or fences that exist that ar~ not shown on the survey that you ~r~ submitting? No. Please show area of the structures on a diagram if any exist. Or state none on the above line. Do you have any construction taking place at this time concerning your premises? No. If)les, please submit a copy of your building permit and survey as approved by thc Building Department and please describe: Pica.se attach all pm-ce.,rtificatcs of oCCUpancy and c,~tifieates of occupancy for the subject premises.. If any arc lacking, please apply to the Building Department to either obtain them or to obtai~ an Amcnd~ Notice of Disapproval. Do you or any co-oWner also own other land adjoining or close to this parcel? No. If ye~, please label the proxl mit), of your lands on your survey. Please Iist present Use or oPerations conducted at this p~rcel Existina storaae shed and dock utilized thereon, and the proposed use ' Provosed Single-Family Dwellina, Driveway, Sanitary system. . (ex: raisin8 stngle ram/b, propo~l: ~me with garage, pool or alhei-) /~z'~A'~l~ofiz~ s~tu~e and Date 14-16-4 (9/95)-Text 12 617.20 SEQR PROJECT I.D. NUMBER ' Appendix C State Environmental Quality Review RECEI,,= , SHORT ENVIRONMENTAL ASSESSMENT FORM v~ ~ ~¢0 For UNLISTED ACTIONS Only SEP '/ ZO10 PART 1- PROJECT INFORMATION (To be completed by Applicant or Project sponsor) I. APPLICANT/SPONSOR 2. PROJECT NAME Suffolk Environmental Consulting, Inc. BENALI, LLC Property BOARD OF APPEALS 3. PROJECT LOCATION: Municipality Southold County Suffolk 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc. or provide map) 1275 Cedar Point Drive West; Southold, New York (SCTM #: 1000- 090- 01 - 002) 5. IS PROPOSED ACTION: [] New [] Expansion [] Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: Applicant proposes to construct a two-story single-family dwelling (860 sq. ft. _ footprint"), stone dnveway& samtary system (surrounded by retaining wall @ 135' L ±). 7. AMOUNT OF LAND EFFECTED: Initially 0.! acres Ultimately 0.1 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [] No If No, describe bdefly The property is pre-existing/non-conforming with respect to land use restrictions. 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? []Residential [--hndustdal []Commercial F~Agriculture []Park/Forest/Open space []Other Describe: Private single family residences with related appurtenances. 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENT AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes [--INo If yes, list agency(s) and permit/approvals Suffolk County Department of Health Services approval; New York State Department of Environmental Conservation Tidal Wetlands Permit I 1. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [] No If yes, list agency(s) and permit/approvals 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? [] Yes [] No I CERTIFY THAT THE INFORMATION PROVIDED IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: Matt D. Ivans Suffolk Environmental Consulting, Inc. Date: Signature: ---~ July 28, 2010 If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown. Nor thFork.net Examined ,20.__ Approved ,20 Disapproved ~/e Expiration .20 JUL 73!3 BIOG. DEPT. TOWN OF SOUTHOLD LDING PERMIT APPLICATION CHECKLIST Do you have or need the following, before applying? Board of Health 4 sets of Building Plans Planning Board approval SurvoX Check ~ 5'0. Oo Septic Form N.Y.S.D.E.C. Trustees Flood Permit Storm-Water Aase..ssment Form Contact: Mail to: .~vtfo~.r.. Phone: (&$,) $3'7- Building Inspector APPLICATION FOR BUILDING PERMIT Da~ July 27 ,2010 INSTRUCTIONS a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale. Fee according to schedule. b, Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or pub!it streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Buildlag Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commanccd within 12 months after the date of issuance or has not been completed within 18 months from such date. if no zoning amendments or other regulations affecting the property have bccn enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to thc Building Depamneut for the issuance of a Building Permit pm'suant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the consUuction ofbuildm1 .k;q.~difions, or alterations or for removal or domolition as herein described. Th~ .~!ws, ord~,ances, building cede, housing 9.ode, and regulations, and to admit _ j v (Signature of applicant er name, ifa corporation) P.O. Box 2003, Bridgehampton, NY 11932 ~ (Mailing add. ss of applicant) State whether applicant is owns, lessee, ageat, amhitect, engineer, general contractor, cleclxician, plumber or builder Agent Name of owner of premises BENALI, LLC (As on the tax roll or latest deed) If applicant is a corporation, signature of duty authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Elcc~cians License No. Other Trade's License No. 1. Location of land on which proposed work will be done: 1275 Cedar Point Drive West Bavview House Number Street Hamlet County Tax Map No. 1000 Section 90 Block 01 Lot 002 Subdivision Cedar Beach Park [] Filed Map No. 90 Lot 134 2. State existing use and occupency of Premises end intended use .and occupancy of proposed construction: a. Existing use and occupancy Storage Shed & Dock b. Intended use and occupancy Single Family Residence w/Dock 3. Nature of work (cheek Which applicable): New Building Repair Removal Demolition 4.' Estimated Cost $ 250,000 X Addition Alteration Other Work Fee $ 50.00 5. If dwelling, number of dwelling units I Number of dwelling units on each floor If garage, number.of cars not applicable 6. If business, c0mmei-cial or mixed occupency, specify nature and extent of each type ofuse. N/A N/A 7. Dimensions of existing s~'ucmms, if any: Front Rear Height N/A Number of Stories N/A (Description) (To be paid on filing this application) Not applicable N/A Depth Dimensions of same structure with alterations or additions: Front N/A Rear. N/A Depth N/A Height; N/A Number of Stories N/A 8. Dimensions of entire'new construction: Front 43.0' Rear 43.0' Depth 20.0' Height < 35.0' Number of Stories Two (2) 9. Sizeoflot: Front 120.0' ,Rear 100.19' Depth 67.79' (max.) 10. Date of Purchase 11/30/2004 Name of Former Owner FRANK CAMPANELLI 11. Zone or use dis~ct in which p~emises are situated R-40 12. Does proposed construction violate any zoning law, ordinance or regulation? YES[~ NO 13. Will lot be re-graded? YES~ NO~ Will excess fill be removed from premises? YES[~] NO~] 14. Names of Owner of premises BENALI, kkC Address Phone No. (310) 880-6000 Name of Architect E. END DESIGN ASSOC. Address Phone Name of Contractor Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES I~[ .NO * IF YES, SOUTHOLD TOWN TRUSTEES & D~E.C. PERM~-~iMAY~ REQUI .;R~:. b Is th!s property within 300 feet of a tidal wetland? * YES ~[~_J NOJ._.[_ _~ * IF YES, D~E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property Iine~. ' 17. If elevation at any point on property is at I0 feet or below, must provide topographical data on survey. 18. Are there any covenants and restrictions with respect to this property?* YES_[_.J_'~IO * IF YES, PROVIDE A COPY. STATE OF NEW YORK) SS: COUNTY OF BRUCE A. ANDERSON being duty sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, (S)He is the Agent (Contractor, Agent, Corporate Officer, etc.) 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 are true to the best of his knowledge and beliei~ and that the wofl~ will be perforated/n the manner set forth in the application filed therewith. ~'~~----~ ~ ~ iignatumofAppli t Nota-~...Pul~l~hew DIvans Notary Public ~)'! New York No. 011V6053859 Qualified in Suffolk County Commission Expires January 22, 20.// Town of Southold LWRP CONSISTENCY ASSESSMENT FORM RECEIVED SEP 7 2010 A. INSTRUCTIONS BOARD OF APPEALS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 090 01 002 The Application has been submitted to (check appropriate response): Town Board [] Planning Dept. [] Building Dept. [] Board of Trustees [] 1. Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) [] (b) Financial assistance (e.g. grant, loan, subsidy) [] (c) Permit, approval, license, certification: [] Nature and extent of action: Applicant proposes to construct a single-family dwelling (860 sq. ft. _+ "footprint"), stone driveway & sanitary. system (surrounded by retaining wall (~ 135'). Attach additional sheets if necessary Location of action: 1275 Cedar Point Drive West; Southold~ New York Site acreage: 0.165 acre +-. Present land use: Vacant Present zoning classification: R-40 If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: BENALL LLC (b) Mailing address: 11499 Bellagio RoadI Los Angeles~ CA 90049 (c) Telephone number: Ama Code ( 310 ) 880 - 6000 (d) Application number, if any: N/A Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [] No [] If yes, which state or federal agency? NYSDEC DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. [] Yes [] No [] Not Applicable As indicated within Policy 1, "Development that does not reinforce the traditional land use pattern of the Town of Southold would result in a loss of the community and landscape character of Southold. ", this proiect is a proposal to develop a vacant parcel in an almost entirely developed nei.qhborhood. The proposal, as desi.qned, will not result in any adverse effects to the surroundin.q environment in that the proiect will be situated as far landward as possible without requirin.q a substantial Zonin.q Variance, and will be served by a coded sanitary system. A.qain, the surroundin.q nei~lhborhood is comprised of older residential dwellin~ls which have existed harmoniously within this area for years and have not resulted in any form of adverse effects to the surroundin.q environment. Accordin.qly, we believe that this proiect is consistent with this policy. Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria [] Yes [] No [] Not Applicable Policy 2 is not applicable in that subject lot and the surround n.q ne ~lhborhood cannot be deemed a substantial historic and/or archaeoo~l ca resources. Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 5 through 7 for evaluation criteria [] Yes [] No [] Not Applicable Subiect proposal will not adversely impact the visual quality of the surroundin.q area in that the subject property is currently vegetated and does not offer any form of scenic resource (i.e., views of West Lake). In addition, the nei.qhborhood itself is comprised of similarly sized properties, improved similarly to that which is proposed for many years, and which also have not resulted in any form of adverse impacts to the surtoundin.q area. Furthermore, this policy could not preclude both the legal creation of this property as a building lot, or the proposed structures thereon, which are proposed as far from West Lake as possible without requiring a substantial Zoninq Variance. Therefore, we feel that the instant proposal fully complies with this Policy. Altach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria [] Yes [] No [] Not Applicable The proposed dwdlin.q will adhere to all applicable FEMA Elevation Requirements. The shoreline of the subiect parcel is substantially vegetated thereby limiting erosion potential. Additionally, the existinq development surroundinf~ West Lake has not been adversely impacted by flooding or erosion. Therefore, we feel that the instant proposal fully complies with this Policy. Auach additional sheds if necessary Policy 5. Protect and improve water quality and supply in the Town of Southoid. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria [] Yes [] No [] Not Applicable Subject proposal will comply with Policy 5 in that a coded sanitary system is proposed to be installed thereon, and at the maximum allowable distance from West Lake. Additionally, public water is to be utilized. Moreover, the existin~ surrounding development has not caused an adverse impact to water quality or supply in the Town of Southold. Therefore, we feel that the instant proposal fully complies with this Policy. Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria [] Yes [] No [] Not Applicable Subiect proposal will comply with Policy 6 in that a coded sanitary system is proposed to be installed thereon, and at the maximum allowable distance from West Lake. Additionally, public water is to be utilized. Moreover, the existin.q surroundin~ development has existed harmoniously with the surroundin.q ecosystem for many years without resultin~ in adverse environmental impacts. Therefore, we fed that the instant proposal fully complies with this Policy. Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria [] Yes [] No [] Not Applicable Policy 7 is not applicable in that the proposal will be for the construction of a sin,qle family dwellin,q with related appurtenances thereon which will not result in any form of adverse effects to air quality. AItach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. [] Yes [] No [] Not Applicable Policy 8 is not applicable in that the proposal does not involve disposal and/or transportation of solid waste, hazardous waste, toxic pollutants, and petroleum products, Attach additional sheets if necessary PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria [] Yes [] No [] Not Applicable Policy 9 is not applicable in that the proposal will not impede any access to the surface waters in and around subiect property and/or become detrimental to the recreational use of the surroundin,q resources, Attach addilional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependence uses in suitable locations. See LWRP Section Ill - Policies; Pages 47 through 56 for evaluation criteria [] Yes [] No [] Not Applicable Policy 10 is not applicable in that the proposal does not involve a water-dependent use (i,e. marina, aquaculture, etc...), Attach additional sheets il' necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town Waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria [] Yes [] No [] Not Applicable Policy 11 is not applicable in that the proposal does not involve any form of marine resource mana.qement (i.e. commercial fisheries, recreational fisheries, aquaculture, etc...). Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. [] Yes [] No [] Not Applicable Policy 12 is not applicable in that the proposal does not involve aglricultural lands (i.e. the conversion of farmland, the establishment and[or maintenance of new coastal aqricultural production, etc...) Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. [] Yes [] No [] Not Applicable Policy 13 is not applicable in that the proposal does not involve the conservation of ener,qy resources on a commercial level and/or the promotion of alternative ener,qy sources, proper maintenance of fuel storable facilities and/or the extraction of mineral extraction Attach additional sheets if necessary RECEIVED AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF $OUTHOLD N/A $£P ? 2010 BOARD OF APPEALS gFHEN TO USE ·THIS pORM: The form mtnt be comPlettd by tl~ applicant for.any spechd use perm& Site plan apl)royal, ~se variance, or subdivision approval on, pro. nero/within an agricultural d~trict OR withln $0.0 f¢~t of a farm ol~ra{ion Io¢ctt~d in agricultural disOic~ ~Ill applications requldng, an agricultural data statement mu~t be referrvd.to the &tffolk :Connty Dep~rtment of Plan#lng in aecqrdanee )~ith Sections 239- m a~id 239-n of the General MUnicipal L~w. I) Name of Applicant: 2) Addres~ of Applicant: __ 3) Name'of Land Owner (ffother than applicant): 4) Addl~ss of Land Owner: ' 5) D~cription of Proposed Project: 6) Location of Property (road and tax map number): 7) Ia.the parcel within an agricultural districi? ~INo [2Yes'If yes, Agricultural District Number 8) Is this parcel actively famed? I-]No [-tYcs 9) Name and address of any owner(s) of land within the agricaltural district containing active farm operation(s) located 500 feet of the boundary of the proposed pmjecL (Information my be available through thc Town Assos~om Office, Town Hall location (765-1937) or from any public compumr at th~ Town Hall locations by viewing thc parcel numbers On the Town of Southold Real Property Tax System, i~ame and Address (Plmz¢ iia.e bac.k si& of page if more than six property ownem are identified.) The lot numbers may be obtained, in advance, x~hen requested fxom either the Office of the plarming Board at 765-1938 or the Zoning Board. Of Appeals at 765-1809. / / ,; signature of Applicant Date No,ca 1. The local board will solicit mammonts from the owners of land idmrifled abe~ ia ord~ to ooflaider the effecl of th{: pl'~osed actid~ on Weir farm operation. Solicitation will. be made by supplying a copy ofthiz stateanent. · · 2. Comments returned to the local board will be takon into consideration as pa~t of the overall revk~ of this application. ' 3. Copies 9f the: complated ^8ricullural Dau~ .State, em shall be seat by appljcent enO'or the clerk of tbe board to th~ property owners . , identified abo~,e. The cost for mailing shall be paid by the aplSlie.a, nt at the drne.,the application is mbrnitte~ for review. Failure to pay at such tim{: means Ihe application is not complete and cannOt be acted upon by the board. 1-14-00 OVER PART II- ENVIRONMENTAL ASSESSMENT (To be completed b~/A~lenc)'I DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.12? use the FULL EAF. [] Yes [] No If yes, coordinate the review process and 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. [] Yes [] No COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if tegible) C1. Existing air quality, surface or groundwater quality, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: C2. Aesthetic, agricultural, archeological, historical or other natural or cultural resources; or community or neighborhood character? Explain briefly: C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitat, or threatened or endangered s~? Explain briefly: C4. A community's existing plans or goals as officially adopted, or change in use or intensity of use of land or natural resources? Explain briefly: C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: C6. Long ten'n, shor~ term, cumulative, or other effects not identified in C1 -C57 Explain briefly: C7. Other impacts (including changes in use of either quantity or typo of energy)? Explain briefly: ~. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CEA? OYes I-]No 1). IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [] No If yes, explain briefly PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important, or otherwise significant. Each effect should be assessed in connection with its (a) setting (i,e. urban or ruraD; (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scepo; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part II was checked yes, the determination and significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. [] Check this box if you have identified one or more potentially large or significant adverse 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 supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments as neceesary, the rsasons supporting this determination: Name of Lead Agency Print or Typo Name of Responsible Officer Signature of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Preparer (if different From responsible officer) APPLICANT/AGENTfREPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM RECEIVED' 2. SEP 1 0 2010 BOARD OF APPEALS T~eT wn of Southold s C0de of Eth cs orohib ts confl ets of merest on the oart of oval officers and emvlovces. The purpose 9f this fqrm YOL[R NAME: Steve Kram {Benali, LI, C} (Last name, first name, middle initial, unless you are applying in the name of person's or company*s name.) NAM~ OF APPLICATION: (Check all that apply.) Tax grievance Building ~hange of Zone Coastal Erosion Approval of pint Mooring Exemption from pla or official map Planning Other (If"Other", name the activity.) Do you personally (or through your company, spouse, sibling, parent, or child) have a r~lationship wifl~ any officer or employee o.f the Town of Southo d? ...... - ' ' ,, including a partuership, in vdfich the town officer or employee i~as even a partial ovmership of(or employment by) a corporation ~n Which the town officer or employee owns more than 5% of the shares. YES NO If you answered "YES". complete ~h¢ balance of this form and date and riga where indicated. Name of person employed by the Town of Southo d Describe the relationship between yourself (the applicant/agen t]representativ e) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town o fticer or employee or his or her spouse, sibling, parent, or child is (check all that apply): (when the applicant isa corporation); __.B) the legal or beneficinl owner of any interest in a non-ciyporate entity (when the app]inant is not a corporation); __~C) an officer, director, panner, or employee of thc applicant; or __.I)) the actual al~pllcant DESCRIPTION OF RELATIONSHIP Form TS I Submitted this ..~Oay ~ ~( 20{~___ Signamr~ .l~jr~,~. ~" ~.,._....~ PrintName ffrg~ ~. 1~ ~ ]g~.t~b,t~'~ RECEIVED APPLICANT/AGENT/REPRESENTATIVE SEP "/ TRANSACTIONAL DISCLOSURE FORM ~ BOARD OF APPEALS The Town of SouthoM's Code nfElblc~ moM'hiLq ~ I'] { L'~ ~f ~[I [l::~ Olrl [he ~ af~m officers and ,~-.iC,15¥ees. The ouroose this fenal ia 1o ~rovide infommfien w'nlch can alert the t~wn of r~,etlble eonfllcta of interest and nl}o~.' it to rake whalever acl~n ' YOURNAME: Bruce A, Anderson (~,, Suffolk Enviromnental Consultinff. Inc. (Last name, first nane., middle initial, unless.you ar: apld$,ing in the name of someone ~lao or other ~nt~ty. such as n cmnpany. If an, Mdicale thc ocher I~se~'s er company,s ,:~) I'~AME OF APPLICATION: (Check all that appl.~.) T,~x ~'tevaa~e Building Chan~e of Zone Costal Erosion Approval of plat Moeriflg Exemp~on from plat or ot'~cial map Planning (If"O~er", name the Do you pe~on~lly (or tle'ou~ ~Oar company, spouse, ~iblit~. pa~en~, or child) [save a relaSonsblp with an)officer or Of the Town of SoutholdT "l~elafioeship" lnciudea by bloed~ maniagc, or b~iaes~ int~r~aL "Business iele~esf' m e,~as a business, tncludleg a p~ancrsh¥, la which the town officer or employe~ has even a partial ownership of (or etaplo~aeal by) a o0qx~lion in w~ich the to,au of liter Or employee owns mo~ than 3% of Ihn YES .~ NO If you ansx~en::d "YES". rxnn~plet~ the baMnce of th~$ fo~ ~ ~m snd sign ~ indicate. D~ ~ ~ ~ yo~f (~ ap~i~a~ff~olativc) and the ~ o~ or c~o~e. E~ chc~ (whm ~ ~i~t is a D) ~ ~al app}~t. DESCRIPTION OF ILELATIONSH1P Form TS I OWNER'S ENDORSEMENT (TO BE SIGNED IF APPLICANT IS NOT OWNER) RECEIVED STATE OF NEW YORK) COUNTY OF SUFFOLK) SS: SEP '/ BOARD OF APPEALS BENALI~ LLC, being duly sworn, deposes and says; I reside at 11499 Bellagio Road; Los Angeles In the County of Los Angeles and the state of California , and I am the (owner in fee) (officer of the Corporation which is owner in fee) of the premises described in the foregoing application and that I have authorized Suffolk Environmental Consulting, Inc. to make the foregoing application as described herein. Signature If Corporation, name of corporation and Officer Before me, this ~' day of % Notary Public Officer's Title Los A~;~eS CO..~ :o~ [x~ire. sJu~ 17. 2013 SUFFOLK COUNTY CUE~K ~F. Cot~u~s OFFZCE RECORDING PAGE TT~S of Instruments DBEDS/DDD Number o~ P&gesz 3 Eeceipt ~m~er t 06-001268& TRANSFER TAX NUMBER= 05-26&18 Districtl 1000 Sections Block= 090.00 01.00 EXAM~D AND CHARGED AS FOLLOWS $70,000.00 the Following Fees For Above Instrument F&ge/Fi ling $9.00 NO Handling COE $5.00 NO NYS EA-CTY. $5.00 HO ~A- STATE TP R~T Transfer t&x $280.00 TRANSFER TAX HUMBERt 05-26418 THIS PAGE IS A PA~T OF THE INSTRUMENT THIS IS NOT A BILL Recorded; 02/06/2006 At: 01s06:39 PN LIBER: D00012434 PAGE= 606 002.000 Exempt $$.00 HO $1s.oo so $165.00 ~ SEP ~/ ?.018 BOARD OF APPEALS BOARD OF APPEALS Number of pages TORRENS Certificate # Prior Ctf. # Deed / Mortgage Instrument Deed / Mortgage Tax Stamp 3 [ Page / Filing Fee Handling ~5: 0~0 TP-584 SubTotal EA-52 17 (C6unty) EA-5217 (State) Co,,re. of~d. ~ ~ Affidavit ., ti?L? Certified Copy ~s s.,-~h~ s.b rota~ 5/3 Grand To~ ~ ' i% o ozoo oo2ooo Agency ~-~ X] Verification ~ 6 Sadsfactions/Disehar~Releases List Property Owners Mailing Address I R~CORD & RETURN'lO: CLEF~'. OF SUFFOLK COUNTY L D00012434 p 606 DT# 05-26418 5 Recording l Filing Stamps Mortgage Amt. --__ 1. Basic Tax 2. Additional Tax Sub Total Spoc./Assit. or Spec./Add. TOT. MTG. TAX Dual Town -- Dual County Held for Appointment Trans [er Tax r~) Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES __ or NO if NO, see appropriate tax clause on page # of this instrument. Oommunlt'y preServttion l~und Consideration Amount $ ~t OOq9 CPF Tax Due ~ Improved Vacant Land TD Title # Suffolk Count & Endorsement This page forms pa~'t of the attached (SPECIFY TYPE OF INSTRUMENT) ,,~'"'// ' ~.7'~. The premises herein is situated in '"ff P~,-/ei~,,A~ .~'. ~--~*,~P,,~l?4"~a,~"//t" SUFFOLK COUNTy, NEWYORK. TO In the Township of or HAMLET of ~ BOXES 6 THRU 8 MUST BE TYPED OR PRINTED iN BLACK iN} THIS INDENTURE, made the 261h day of January 200~ BETWEEN Frank d Campanelli, Jr and Patficia A Campanelli, his wife, both residing at 31 Pond Path, Lake Grove, NY "1755 party of the first part, and Benali LLC with offices at 11499 Bellagio Road, LOS Angeles, CA 90049 par t,j of the second part, WITNESSETH, that the party of the first part, ~n consideration of Ten ($10 00) Dollars paid by the party of the second part, does hereby grant and release unto the party of the second part the heirs or successors acc assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, situate lying and being at Cedar Beach, near Southcld Town Southold, County of Suffolk and State of New York, known and designated as and My Lot No 134 on a certain map entitled, "Subdivision Map of Cedar Beach Park, situated at Sayview, Town of Southold, New York", made ~'September 15, 1926, by Otto W. Van Tuyl, Professional Engineer and Surveyor, License No 1582, which map ~ ~_.was filed in the Suffolk County Clerk'S Office as Map No. 90 on 12~0/1927. TOGETH ER with the right to the us~, in common with othersl of the roads as set forth on ~aid map and the right of access over the private road designated as Little Peconic Bay Lane southerly to Little F~econic Bay TOGETHER with all the right, title and interest, if any, of the party of the first part in and to the beach, waters, and lands under waters in front of and abutting said premises to the center lines thereof TOGETHER with all the fights and privileges, if any, of the party of the first part of. in and to the right to the use of community properties designated on said map SUBJECT to covenants, restrictions, easements, reservations and agreements of record ~Being and intended to be the same premises acquired by the party of the first part Py deed dated 1/3,'1968 ~ ~ .recordeO in the County Clerk's Office on1/8/1968 , in Deed Libor 628~at Page 282 SaiO premises known as 1275 West Cedar Point Drive, Peconic Bay, New York t 1958 District 1000, Section 090 0[3 Block 01.00 and Lot 00200 TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets anc~ roads abutting the above des~ibed premises to the center lines thereof; TOGETHER with the appurtenances and tde estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto th.e. party o$the second part, the heirs or successors and assigns of the party of the second part forever AN D the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises ~eve been encumbered in any way whatever, except as aforesaid AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the f~rst part will receive the consideration for this conveyance and wil~ hold the right to receive such consideration as a trust fund to be app[ied first for the purpose of paying the cost of the improvement and will apply the same first tc the payment of the cost of the improvement before using any part of the total of the same for any other purpose The word "party" shall be construed as if it read "parties" when ever the sense of this indenture so requires, IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written Form $~0 T E ONLYW N THE I ~ day of m the year 2003 TO BE USED ONLY WHEN T~E z,_-o ~'-*~_EDGMENTiS MACE OUTSIDE NEW YORK STATF Stale (or C)istrict of Columbia, Territor? : : ~: ss On the day of in :- ~ , + ~ : ~ fo-e me the undersigned personally appeared persOnallyknowntomeorprovedlome :-. r ! - ~ '~;~-~/evidencetobelheindividual(s)whosename(s) is(are)subscribed to the within instrumem and ack~c ~:.;+: = - - --~ ~e'mey executed the same in his/her/their cepacity(ies), and that by BARGAIN AND SALE DEED WiTH COVENANT AGAINST GR,t~MTO~ S ACTS Title NO. -~'7~' ~ - ~ ~/'~_~. onwealth DISTRICT 1000 SECTION 090 00 BLOCK 01 O0 LOT 002.000 COUNTY OR TOWN Suffolk, STREET ADDRESS t275 West Ceaar Point Drive Peconic Bay, NY 11958 Recorded at Request of COMMONWEALTH LAND TITLE INSURANCE COMPANY 63JohnSyosset,DOWd Cherry A& Dowd Dowd NY Lane 11791 BENALL LL C Property Situate: 1275 Cedar Point Drive West; Southold, New York SCTM #: 1000 - 090 - 01 - 002 (P~5o~o ~'aken on Apr.7 6, 20~0) Photograph indicating the staked locations of the northwestern corner (foreground) and the southwestern corner (background) of the proposed dwelling. Photograph taken from the northern section of subject property, facing southwest, towards West Lake. BOARD OF APPEALS BENALI, LLC Property Situate: 1275 Cedar Point Drive West; Southold, New York SCTM #: 1000 - 090 - 01 - 002 (Photo ~aken on Apn7 6~ 2010) Photograph indicating the staked locations of the northeastern corner (foreground) and the southeastern corner (background) of the proposed dwelling. Photograph taken from the northeastern section of subject property, facing southwest, towards West Lake. RECEIVED BOARD OF APPEALS BENALL LL C Property Situate: 1275 Cedar Point Drive West; Southold, New York SCTM #: 1000 - 090 - 01 - 002 (?hoto taken on 4pn7 6, 2010) Photograph indicating the staked location of the proposed septic tank. Photograph taken from the northwestern section of subject property, facin~~t, towards West Lake.~,~,~ ~ ~,, ~11~1~.~ ,_ BOARD OF' APPEALS BENALI, LLCProperty Situate: 1275 Cedar Point Drive West; Southold, New York SCTM #: 1000 - 090 - 01 - 002 (Photo taken on Aprz7 6, 2010) Photograph indicating the current wetlands boundary (yellow southeastern shoreline thereon. facing northeast. circle) along the Photograph taken from existing dock assembly, RECE:VED BOARD OF APPEALS BENALI, LL C Property Situate: 1275 Cedar Point Drive West; Southold, New York SCTM #: 1000 - 090 - 01 - 002 (Photo ~aken on April 6, 2(710) Photograph indicating existing southeastern shoreline thereon. facing northeast. wetlands boundary (yellow circle) along the Photograph taken from existin~ ~>ock assembly, RECEIVE BOARD OF APPEALS B£NALL LLCProperty Situate: 1275 Cedar Point Drive West; Southold, New York SCTM #: 1000 - 090 - 01 - 002 (Photo rake~ on Apr# 6, 2010) BENALI, LL C Property Situate: 1275 Cedar Point Drive West; Southold, New York SCTM 4/: 1000 - 090 - 01 - 002 (Photo taken on Apr~ 6, 2010) BOARD OF APPEALS TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER FORMER O~tN ER LkC ;TREET / ~ '7-Z~' N S VL.~.v''] TOTAL V l LLAGE E W SUB. TYPE OF BUILDING FARM COMM. CB. MICS. Mkt. Value REMARKS RES. SEAS, LAND IMP. AGE NEW FARM Acre BUILDING CONDITION NORMAL BELOW ABOVE Value Per V~lue DATE Tillable FRONTAGE ON WATER Woodland FRONTAGE ON ROAD ~EP ? 2(]10 Meodowland DEPTH House Plot BULKHEAD DOCK Total BOARD OF APPEALS TOWN OF $OUTHOLD PROPERTY RECORD CARD OWNER FORMER O~VN ER SEAS. LAND IMP. AGE NEW FARM Ac re Tillable Woodland Meadowland House Plot Total ,TREET / ~_ VI LLAGE N W  SUB. AC .. TYPE OF BUILDING FARM COMM. CB. MICS. Mkt. Value REMARKS S TOT,~L DATE BUILDING CONDITION NORMAL BELOW ABOVE Value Per Value Acre FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD DOCK ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 sout holdtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville September 8, 2010 Zoning Appeal No. 6422 Transmitted herewith is Zoning Appeals No. 6422 of Bruce A Anderson for Benali~ LLC - the Application to the Southold Town Zoning Board of Appeals and Addendum. Also enclosed is the Applicant's Project Description, Questionnaire, Agricultural Data Statement, Short Environmental Assessment Form, Transactional Disclosure Form, LWRP Consistency Assessment Form, Cover Letter from Suffolk Environmental Consulting, Inc. Dated September 3, 2010, Notice of Disapproval from Building Department Dated August 27, 2010, Authorization Letter l~om Benali, LLC To Suffolk Environmental Consulting, Inc to Represent them in this Matter, 4 Pages of Recorded Deed Recorded February 6, 2006, 7 Pages of Photos of Property Showing Stakes Where Dwelling would be Located, Copy of Property Record Card, 4 Pages of Plans Showing Floor Plans, Room Measurements and Elevations, Copy of Survey Showing Proposed Construction Dated March 1, 2010 Prepared by John C. Ehlers Land Surveyor, Copy of Proposed Foundation Plan Dated June 15, 2010 Prepared by East End Design Associates, LLC. Town of Southold P.O Box 1179 Southold, NY 11971 Date: 09~10 * * * RECEIPT * * * ReceiptS: 91559 Transaction(s): 1 I Application Fees Check#: 12198 Reference 6422 Total Paid: Subtotal $400.00 $400.00 Name: Suffolk, Environmental Consulting P O Box 2003 Bridgehampton, NY 11932 Clerk ID: CAROLH Internal ID: 6422 Suffolk Environmental Consulting, Inc. Newman Village. Suite E, 2322 Main Street, P.O. Box 2003, Bridgehampton, New York 11932-2003 (631) 537-5160 Fax: (631) 537 5291 Bruce Andersom M.S.. President HAND DELIVERED Southold Town Zoning Board of Appeals P.O. Box 1179 Southold, NY 11971 September 3, 2010 RECEIVED , SEP 7 Z010 Re: Situate: SCTM #: Benali, LLC Property Cedar Point Drive West Town of Southold, NY 1000-090- 01 - 002 BOARD OF APPEALS Dear Board Members, This firm represents Benali, LLC, owner of the above referenced property, who is seeking variance relief for proposed improvements to be located thereon. Accordingly, please find ten (10) copies of a complete application package containing the following items: 1. Notice of Disapproval dated August 27, 2010; Completed Application Form including Project Description Questionnaire Form; Photographs of the property with stakes indicating the location of the proposed improvements; 4. Town Property Card; 5. Completed LWRP Form; 6. Completed Short EAF; 7. Survey prepared by John C. Ehlers last Dated March 1, 2010; Building Plans (elevation views and floor plan) prepared by Professional Building Systems, Inc.; 9. Foundation Plan prepared by James Deerkoski, P. E. dated March 15, 2010; 10. Property deed; and 11. Check made payable to the Town of Southold in the amount of $400.00 in satisfaction of the requisite application fee.. Kindly review the enclosed application submission and schedule the matter for the next available headng date. Should you have any questions, please do not hesitate to contact me. Bruce A. Anderson w/Encl. Cc. Benali, LLC D. Rosenberg, Esq. ROSENBF. RG F©RTIINIA & I AITMAN Zoning Board of Appeal Southold, New York Attention: LLP New YOl4f City 110 East 59~" Street New YorK, New York 10022 {212) 980 6666 Not For Service ol regal Papers RECEIVED /t, UG 2 6 201I Chairpers )ARD OF APPEALS Re: Benali, LLC Property Situate 1275 Cedar Point Drive West, Bayview Town of Southold, New York SCTMA 1000-90-1-2 Dear Chairperson W¢isman: As you shall recall, this firm is counsel to Benali, LLC ("Benali") in connection with the above rcfcrcnced application. By correspondence dated August 2, 2011. this firm, on behalf of Benali, respectfully requested that thc Zoning P, oard of Appeals ("ZBA") ac[iourn the September 1, 2011~ public hearing on the abovc rcfcrcnced application until the November 2011 hearing of thc ZBA. By correspondence dated August 8,2011, this request xvas dcnied by the ZBA. As this office has advised the office of the Town Attorney, ihe adjournment was sought because it has become apparent to Bcnali that the inlbrmation requested by the ZBA be made available to it prior to the September 2001 public hearing cannot be prepared by that tinre. I'he denial of thc request for an adjournment appears to be in apparent conflict with the ZP, A's position as set lbrth on thc record at the July 7, 2011, public hearing on the application. At that lime, the public hcaring was ac[iourned to September I, 2011, predicated upon thc ZBA's receipt of the additional information it requested prior to thc adjourned date. Clearly, an ad.ioumment was contemplated if the information could not be completed. A copy ot' the relevant portion of the transcript (p. 125-127) is highlighted and enclosed herewith for your rcvicw, lnasnmch as the applicant has previously advised you that this inlbrmation shall not bc tbrthcoming prior the Scptcmbcr 2001 hearing, it is once again requested, in accordance with thc colloquy held on the record at thc July 201 l hearing, that the public hcaring be adjourned to thc ncxt available public hcaring following the ZBA's receipt of thc additional inlbrmation it requested. This would appear to serve the interests of economy and will permit thc ZBA to effectuate its stated purpose of conducting a fair hearing upon the application to find facts and hear comments based upon thc ncxxly submitted intbrmation. ROSENBERG FORTUNA & EAITMAN ~ August 25,2011 Page 2 Importantly, I would note that of the prior adjournments sought of the public hearings upon this application, all but one (1) were sought at the behest of the ZBA itself when the applicant urged that the record be closed. Your statement to the contrary on July 7, 2011 is, therefore, incorrect. Moreover, during the July 7, 2011, public hearing, the ZBA agreed to make available to Benali any and all communications, written or electronic, between the ZBA and any other third- party, including, without limitation, the New York State Department of Environmental Conservation, describing, referring or relating to the application. To quote the relevant exchange at the July 7, 2011, public hearing, the ZBA agreed to "provide absolutely everything and anything in [its] records." (Transcript at p. 114). A highlighted portion of the transcript is further enclosed herewith for your review. To date, no such e-mails have been produced. In order to completely respond to the issues confronting the applicant, we again request that these materials be furnished expeditiously, as promised. Accordingly, it is once again requested that the public hearing be adjoumed to the November 2011 meeting of the ZBA. Thank you for your prompt consideration of this matter. Respectfully yours, ARF:kkw Enclosure cc: Benali, LLC Attention: Steven Kram, Member ROSENBERG FORTUNA & LAITMAN' BBP ATTORNEYS AT LAW 666 Old Country Road, Suite 810 Garden Ci~ NY I [ 530 Telephone: (516) 228-6666 Facsimile: (516) 228-6672 August 2,2011 New york City 110 East 59tn Street New York, New York 10022 (212) 980-6666 RECEIVED VIA FACSIMILE AND FIRST CLASS MAIL Town of Southold Zoning Board of Appeals 53095 Main Road P. O. Box 1179 Sonthold, New York 11971-0959 BOARD OF APPEALS &ttention: Vicki Toth. Secretary Re; Benali, LLC Property Situate 1275 Cedar Point Drive West, Ba.~wiew Town of Southold, New York SCTMA 1000-90-1-2 [)ear Ms. Toth: As you shall recall, this office is counsel to applicant Benali, LLC ("Benali") in com~ection with the above referenced application. Please pem~it this correspondence to serve as Benali's request that the public hearing cnrrently scheduled tbr September 1,2011 be adjourned until the November 2011 hearing of the Zoning Board of Appeals. applicant we t~;ank the Board .fbr ~ com'lesies in this regard. V,~?tly yours, . ARF:dmg cc: Beaali, LLC (via electronic mail) Atln: Sleven Kram, Member BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 1 t971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork, net ZONING BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 · Fax (631) 765-9064 August8,2011 Rosenberg Fortuna & Laitman - LLP Attorneys at Law 666 Old Country Road, Suite 810 Garden City, NY 11530 Attn: Anthony R. Filosa Re: Benali, LLC ZBA File No. 6422 Dear Mr. Filosa: The Zoning Board is in receipt of your letter dated August 2, 2011, requesting an adjournment for the application of Benali, LLC #6422 until November 2011. At the Public Hearing on August 4, 2011, the Board passed a unanimous Resolution to deny your request for an adjournment to November. Your application will be heard as scheduled on September 1, 20l 1 at 1:00PM. Please be reminded that the Board requested additional information from the applicant on or before August 16, 2011, detailed in the attached letter. Also enclosed is a copy of the transcript from the July 7, 2011 Public Hearing on your application for your review. Thank you for your attention to this matter. Vicki Toth Board Assistant mnc. ROSENBERG FORTUNA & LAITMAN ATTORNEYS AT LAW 666 Old Country Road, Surte Garden City,, NY 11530 Telephone: (516) 228-6666 Facsimile: (516) 228-6672 New York City 110 East 59th Street New York, New York 10022 (212) 980-6666 Not For Se~ice of Legal Pape~ July 19, 2011 VIA FACSIMILE AND FIRST CLASS MAIL Town of Southold Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 Attention: Vicki Toth, Secretary Re: Benali, LLC Property Situate 1275 Cedar Point Drive West, Bayview Town of Southold, New York SCTMA 1000-90-1-2 Dear Ms. Toth: As you shall recall, this office represents Benali, LLC ("Benali") in connection with the abovc referenced application. I am advised by Steven Kram, the principal of Benali, that at thc July 7, 2011, public hearing on this application, Chaiiperson Weissman, on behalf of the Board, agreed to produce to Benali any and all communications, written or electronic, between the Board, or any member thereof, and any other third-party (including, but not limited to any Board or officer of the Town of Southold, County of' Suffolk and/or the State of New York) describing, referring or relating to the Premises, the Application and/or any other land use application of Benali pending before any other municipal, county or statc board or agency. By reply to this correspondence, I would respectfully request that the Board confirm when it shall make available to Benali any and all such documents in the Board's possession, custody and control. ROSENB[RG FORTUNA & LAITMAN ttP July 19, 2011 Page 2 Finally, please provide this officc with a copy oftbe transcript of the July 7, 2011, hearing at your earliest opportunity once it is available. Thank you for your attcntion to this matter ' f truly yours, Anthony R. Filosa ARF:kkw cc: Benali, LLC Attn: Steven Kram, Member (via e-mail) RECEIVED JUL g l 2011 BOARD OF APPEALS ROSENBERG FORTUNA & LAITMAN ATTORNEYS AT LAW 666 Old Country Road, Suite 810 Garden City, NY 11530 Telephone: (516) 228-6666 Facsimile: (5 ~ 6) 228 6672 New York City ltO East S9t" Street New York, New York 10022 (212) 980-6666 Not For Service of Legal Papers VIA FACSIMILE AND FIRST CLASS MAIL Town of Southold Zoning Board of Appeals 53095 Main Road P. O. Box 1179 Southold, New York 11971-0959 June 27, 2011 RECEIVED JUN 2 8 Z011 BOARD OF APPEALS Attention: Vicki Toth, Secretary Benali, LLC ProperS' Situate 1275 Cedar Point Drive West, Bayview Town of Southold, New York SCTMA 1000-90-1-2 Dear Ms. Toth: As you may recall, this office represents Benali, LLC ("Benali") in connection with the above referenced application. The application is scheduled to be heard next before the Zoning Board of Appeals ("ZBA") on July 7, 2011. Inasmuch as Benali is also awaiting the determination of the New York State Department of Environmental Conservation on Benali's application for a Title Wetlands Permit, it is respectfully requested that the appearance be adjourned to the September 1,2011 regular meeting of the ZBA, or as soon thereafter as Benali may be heard. On behalf of the applicant, we thank the ZBA for its courtesies in this regard. Very tr~uly yours. , sa ARF:dmg cc: Benali, LLC Attention: Steven Kram, Member BOAteD OF A??EALS DEC Permit Applications Page 3 of 6 Records 1 to 3 of 3 Click on name of facility to get specific application detail Facility: Benali, LLC Property Place Name: Southold Applicant: Campanelli, Frank App, Type: New Permit Type: Tidal Wetlands Receipt Date: 02/28/2001 Status: lnsufficientlnformation Stimulus: No Description: const sfd,garage,deck,drive,ss,4'x27'ramp,6'x20'float Other Known 1000-090-01-02 - Tax Map Number (each county) IDs: Facility: Benali, LLC Property Applicant: Kram, Shirley Wohl Permit Type: Tidal Wetlands Status: Issued Place Name: Southold App. Type: New Receipt Date: 04~20~2006 Stimulus: No Description: install ramp & float, a launching ramp, gazebo/shed, & parking area Other Known 1000-090-01-02 - Tax Map Number (each county) IDs: Facility: Benali, LLC Property Place Name: Southold Applicant: Benali LLC App, Type: New Permit Type: TidalWetlands Receipt Date: 04/09/2010 Status: Denied Stimulus: No Description: Construct two story SFD 25' from TWB, install SS 30' from TWB. Other Known 1000-090-01-02 - Tax Map Number (each county) lOs: htt~://www~dec~ny~g~v/cfmx/extapps/envapps/index~cfm?districtid=6~27~5&c~unty-swis-... 6/8/2011 NYS Department of Environmental Conservation Office of G~mer~l Counsel 625 Broadway, Albany, New 'York 12233-1500 (5]8) 402-90]~ ?ax) FOIL Request No. 10-2879 11/2612010 Mr. Bruce Anderson Suffolk Environmental Cons. Inc. Po Box 2003 Bridgehampton, NY .11932- · Acting Commissioner Dear Mr. Anderson: This is to acknowledge receipt of your Freedom of Information Law request seeking records regarding: Tidal wetland petmit-~275 Cedar Point Oth~ Wesg Souftm~ NY. (Appllca~n ID 1- 4738.02841/00001). I have referred your request to the following Records Custodian(s) / Freedom of Information Law Coordinator(s) who may possess the records you are requesting: Ms. Nancy Pinamonti - Region 1 SUNY at Stonybrook 50 Circle Road Stonybreek, NY 11790-3409 (631) 444-0202 You may expect a response to your request by 12124/2010. ' If I can be of further assistance, please contact me at (518) 402-9522. Refer to request number '/0-2~79, if you write or call. Sincerely, Ruth L. Earl 'Records Access Officer 4yeors ol'stewar~lship 1970-2010 , New York State Department of Environmental Conservation Administration, Region One Headquarters 50 Circle Road - SUNY Stony Brook, New York 11790-3409 Phone: (631) 444-0202 · Fax: (631) 444-0353 Website: www.dec.ny. Rov Novem her 19, 2010 Peter M. Iwanowicz Acting Commissioner Mr. Bmee Anderson Suffolk Environmental Cons.' Inc. POB 2003 Bridgnhampton, NY 11932 FOIL Reference Bio.: 10-0914 A-10-2879 Dear Mr. Anderson: This is to acknowledge receipt of your Freedom of Information Law request seeking records regarding information on Frank Campinelli, 1275 Cedar Point Drive West, Southoldfor Application ID# 1-4738-02841/00001. I have referred your request to the Region l staffthat may possess the records that you are requesting. You may expect a response from me to your request by DECEMBER 16, 2010. That response will advise you whether any records responsive to your FOIL request have been identified, and if so, the extent to which the records are releasable under FOIL. If I can be of further assistance, please contact me at 631-444-0202, please refer to the FOIL Request #10-0914 that the Region has assigned to the request if you write or call. Sincerely, Nancy Pinamonti Nancy Pinamonti Region I FOIL Coordinator np 4Years of stewardship 1970-20~O New York State Department of Environmental Conservation Administration, Region One Headquarters 50 Circle Road - SUNY Stony Brook, NY 11790-3409 Phone: (631) 444-0202 · FAX: (631) 444-0353 Website: http://www.dec.n¥..qov Peter M. Iwanowicz Acting Cornmissioner December 3, 2010 Mr. Bruce Anderson Suffolk Environmental Cons. Inc. POB 2003 Bridgehampton, NY 11932 FOIL Reference No.: 10.0914 - Frank Campinelli, 1275 Cedar Point Drive West, Southold for Application ID# 1-4738-02841/00001. A-10-2879 Dear Mr. Anderson: This comes as a follow-up to my letter of 11/19/2010, acknowledging receipt of the above referenced Freedom of Information Law (FOIL) request. Based upon a diligent search, various records have been identified as responsive to your FOIL request. Although responsive to your FOIL request,.some records are being withheld pursuant to the following exemption under Article 6 of the Public Officers Law (POL), Section 87(2) [applicable boxes are checked off]. [ ] (a) are specifically exempted from disclosure by state or federal statute; [ ] (b) if disclosed would constitute an unwarranted invasion of personal privacY [ ] (c) if disclosed would impair present or imminent contract awards or collective bargaining negotiations; [ ] (d) are.trade secrets [ ] (e) are compiled for law enforcement purposes and which, if disclosed, would: i. interfere with law enforcement investigations or judicial proceedings; ii. deprive a person of a right to a fair trial or impartial adjudication; iii. identify a confidential source or disclose confidential information relating to a criminal investigation; or iv. reveal criminal investigative techniques or procedures, except routine techniques and procedures; [ ] (f) if disclosed could endanger the life or safety of any person; [x ] (g) are inter-agency or intra-agency materials which are not: i. statistical or factual tabulations or data; ii. instructions to staff that affect the public; iii. final agency policy or determinations; or 4years of stewardship 197o-2010 iv. external audits, including but not limited to audits performed by the comptroller and the federal government; or [ ] (h) are examination questions or answers which are requested pdor to the final administration of such questions; [ ] (i) if disclosed, would jeopardize an agency's capacity to guarantee the security of its information technology assets, such assets encompassing both electronic. information systems and infrastructures; or [ ] (j) are photographs, microphotographs, videotape or other recorded images prepared under authority of section eleven hundred eleven-a of - the vehicle and traffic law. Records subject to release are available at the letterhead address for your review and copying. Please contact the undersigned at (631)'444-0202, in order to schedule an appointment. If you would like copies of records, copy charges are Twenty-Five (25¢) cents per page, or the actual cost Of copying. You may' be required to pay a deposit prior to copies being made and/or to pay all copy charges pdor to copies being sent. If you wish, you may appeal the denial of access to those records, or portions thereof, being withheld, you must do so in within thirty (30) days. Please direct any appeal, in wdting, to: FOIL Appeals Officer Office of General Counsel NYS DEC 625 Broadway Albany, NY 12233-1500 If I can be of further assistance, please contact me at (631) 444-0202. When calling or writing, please refer to the FOIL number that the Region has assigned to this matter, identified in the subject matter heading above. Sincerely, Nancy Pinamonti Nancy Pinamonti Region One FOIL Coordinator cc: Ruth Earl 4ers o~' st~ar~lshii) 1070-2010 BENALI, LLC Alternative House Design Situate: 1275 Cedar Point Drive West; Bayview; Town of Southold, New York SCTM #: 1000 - 090 - 01 - 002 NOTE: Elevation View of the proposed single-family dwelling (Alternative House Design I). Roof Ridgeline is relocated away from the street. SUFFOLK ENVIRONMENTAL CONSULTING, INC. P.O. Box 2003 · Bridgehampton · New York · 11932 (631) 537 - 5160 (office) · (631) 537 - 5291 (facsimile) Date: January 5, 2011 BENALI, LLC Alternative House Design II Situate: 1275 Cedar Point Drive West; Bayview; Town of Southold, New York SCTM 4/: 1000 - 090 - 01 - 002 NOTE: View of the proposed single-family dwelling from Cedar Point Drive West (Alternative House Design II). SUFFOLK ENVIRONMENTAL CONSULTING, INC. P.O. Box 2003 · Bridgehampton · New York · 11932 (631) 537 - 5160 (office) · (631) 537 - 5291 (facsimile) Date: January 5, 2011 F 1 HALL CLO~ DINING ROOM 0ATA PLATE, STATE LABEL ANO PFS LABEL LOCA~ON KITCHEN F 10'-0" BEDROOM BATH [] FAMILY ROOM 25'-7 1/2' BATH BEDROOM #2 15'-0 1/2' I WALK-iN CLOSET BATH #4 BEDROOM 16'-0" SURVE"r' OF LOT ID4 "MAP OF: CEDAR BI=ACH PARK" F:ILFO ~EC,. 20, Iq2-/ AS 1'4AP ~ qO .~ITt)ATE: BA"I"Vl EI,~ TOIAIN: ~HOLD 5Ut=FOLK C.,OUN'FY', 5~,VEYED, 02-2~-200q REVISED, 0"/-21-200q, 12-15-200q 0~-01-2010, 10-22-2010 ~FFOLK OOUNT~ TAX LOT # IOOO- ~O- I - 2 C'EA'I'~_Z~ TO: P1;~.OPC~ED RETAININ~ MALL PP. OPO.E~D ~EPTIC, C.P. OE~ 5EC, TION SANITARY NOTES: ~ SEPTIC TANK SHALL BE MONOLITHIC ANO FADRIEATED FPOM IO DIA. X 4 SOLID PING WITH 36 LIOUIO DEPTH 2 4 CESSPOOLS 80IA 3 DEEP, MIN 1 MAX 2 COVER 3 RETAINING WALL SHALL BE WATERPROOFEO ON SANITARY SIDE O PIPE FOUND Areo: -/,1~.5 5.F. OR 0.164q Acre5 PROPERTY FEHA FLOOD ZONE5 A5 ~N ON MAP ~ ~610~l~J H ELEVATION5 ~FE~OE NA~ Iq~ PLA~5 ~0~ T~ ~ E~AL LAND~ EDgE OF TIDAL ~TLAN~ A~ ~ELINEA~ B~ ~FFOLK ~NVIRON~NTAL ~N~LTIN~, In~. ON NO~ER ~, ~PHIO %ALE I": 20' N E AREA OF PP-.OPEI~.T¥ TO EDC.~E OF P',IETLANE:~ 6,.5g, O 5.F. HOUSE AREA ~,~O ~.F. PERCENT OF LOT C.,O",/EP.A~E I~.1~ °o~r/./~. '%( ', /r %,~ ~mF~d~ JOHN C E~RS L~D SURVEYOR ~A~ ~ ST~ET %% N.Y.S. LIC. NO. 50202 ~~N~z~ ~ 369-8288 F~ 369-8287 ~F.~:~o~ ~ ~t~gsXO~e~y ~s~y~x~O~X0~8~17~.p~. OURVE'Y OF LOT 1~4 "HAP OF CEDAR BEACH PARK;" FILED DEC. 20, Iq2-/ AO HAP # ciO 51TUATE: TOI,',,IN: ..5(~LP .5,UPI=OLK. ¢_.,OUNTY, NY SURVEYED: 02-28~-20d~f RE¥15,ED: O"f-21-200q, 12-15-200ci 0~-01-2010 .St)FFOLK COt)NT¥ TAX LOT # I000- ciO- I - 2 PI~OPC~ED P, ETAININ® I~L F~OP(~ED E~EPTIC C,R<~ OECTION SANITARY NOTES: I SEPTIC TANK SHALL BE MONOLITHIC AND FABRICATED FROM 10 OIA. X 4 SOLID RING ~ITH 3B LIQUID DEPTH 2 ~ CESSPOOLS 8 OlA 3 DEEP, MIN ~ MAX 2 COVER 3 RETAINING NALL SHALL BE NATERPROO=EO ON SANITARY SIDE NO~: 0 PIPE FOUND Ar¢o= -~,lE~.5 ~.F. OR O.184q Acre5 PROPERTY PEMA FLOOD ZONE0 A5 ~HO~N ON HAP # ;~lO~OOl~-/ H ELEVATION~ P. EFEREHCE NAVD Iq¢¢ DA'f'UPI FLAO5 5HOI~,[ THU0 Z Edit)AL LANDPIARD EDOE OF TIDAL Y4ETLAN[:;~ A~ DELINEATED BY E~=FOLK-. EN¥1RONPIENTAL CONE~LTIN~, Inc, ON NOVEPIBER ~, 2OOci ®f~PHIC .SCALE I"= 20' AREA OF PROPERTY TO EDC,'-',E OF V4ETLAN~ (2,,.5~0 ~.F, I-1¢5E AREA ~0 5.F. PERCENT OF LOT COVERAGE 1~.195 6 EAST MAIN S'FREET RIVERHEAD, N.Y. 11901 REF.-C:\Documents and Settings\OwnerX.Mv N.Y.S. lAC. NO. 50202 369-8288 Fax 369-8287 uments\My Dropbox\08\08\08-174.pro David I. Rosenber~l From: Sent: To: Cc: Subject: Steve Kram [steve@kraml.com] Friday, November 05, 2010 10:09 AM vicki.toth@town.southold,ny, us Peter Gunn; Bruce Anderson; David I, Rosenberg Benali, LLC home application 1275 Cedar Point Drive Dear Ms. Toth In the last hearing ±n Oct on the Bena11, LLC home appl±cat±on ±t was suggested from the Chair that I seek a letter from the Westlake Homeowners Association stating what I was told, wh±ch is that the Association had no position on our application at a11. I understand that you had a conversat±on with Mr. Peter Gunn (President of the Westlake Homeowners Associat±on) in wh±ch he stated to you that they have no interest in our application, that our house appllcat±on is beyond the scope of their charter to take a pos±t±on on, and that they would not be sending a letter to the ZBA. I hope that provid±ng this ema±l and your conversation with Mr Gunn will suffice, however if you need anything else please let me know. Thank you - Steven Kram Benali, LLC 1275 Cedar Point Drive, 1310-880-6000 (cell) Southold (site) David I. Rosenber From: Sent: To: Cc: Subject: Steve Kram [steve@kraml.com] Friday, November 05, 2010 10:09 AM vicki.toth@town.southold.ny.us Peter Gunn; Bruce Anderson; David I. Rosenberg Benali, LLC home application 1275 Cedar Point Drive Dear Ms. Toth In the last hearing in Oct on the Benali, LLC home application it was suggested from the Chair that I seek a letter from the Nestlake Homeowners Association stating what I was told, which is that the Association had no position on our application at all. I understand that you had a conversation with Mr. Peter 6unn (President of the Nestlake Homeowners Association) in which he stated to you that they have no interest in our application, that our house application is beyond the scope of their charter to take a position on, and that they would not be sending a letter to the ZBA. I hope that providing this email and your conversation with Mr 6unn will su~ice, however if you need anything else please let me know. Thank you - Steven Kram Benali, LLC 1275 Cedar Point Drive, 1310-880-6000 (cell) Southold (site) 15:23 ~112731G0~ CO~ OF Ame 15, 2010 C~ l~slie Il. Welsman Town of Sol.old Board of Appeals P,O. ~ 11~9 $outhold, N~w York 11971-0~59 BO/ ,D oF ApeEAt... RI~: ZBA File RFF. No 6393 (Moy) D~r Ct~h~rson W~isman: As r~lU~t~d, a site r~view was ~o~duct~l at 750 West Lsk~ Dflw in $omhold on June 15, 2010. ~ site was ~wslua~l for potential ~Mral resom'~e c~n~'ns ~ ~ .~lv~ion of a ~ew single :hmily dwelling. The subject property is a cmrently und~wloped lot loemsd on Hog Na~l~ Bay, on the esst side of the inlet to West Lake. The lot is n~rly I~v~l wit ~ ~ elevsiio~ of 5 f~t ~ a lewl. There b no cun~nt exisling ~msion. l'ne err, lie prol~ is i~ ~tati~ cov~ wilh a tn~fl~r of B~0h Orass alo~ the I~Y sid~ Tbe~ is an exis~ btdkbmd on all thF~ sid~s of thc pmpcrt~ which border w~. All bulkl~sds are in adeq~ condition; they should I~ inspected at leas~ ~mmalb' Th~r~ ~ no natu~l resourc~ concern ~ re~d ~o tlc ~onslru~tion of a single famil~ dwellin$. If :you requiM further assimo~ in i~his ~ p~ ~o~'t hesiis~ lo k,t m~ know. NYS Department of Environmental Cons~tion Office of General Counsel 625 Broadway, Albany, New York 12233-1500 (518) 402-9018 (Fax) FOIL Request No. 11-93 1/20/2011 Ms. Jennifer Andaloro Town of Southold 54375 Route25 Po Box 1179 Southold, NY 11971-0959 RECEIVED JAN 2 4 2011 BOARD O~ ~PPF~41.s Dear Ms. Andaloro: This is to acknowledge receipt of your Freedom of Information Law request seeking records regarding: 1275 Cedar Point Drive West, Southold, NY. (Application ID~ 1-4738-02841/00001). I have referred your request to the following Records Custodian(s) / Freedom of Information Law Coordinator(s) who may possess the records you are requesting: Ms. Nancy Pinamonti - Region 1 SUNY at Stonybrook 50 Circle Road Stonybrook, NY 11790-3409 (631) 444-0202 You may expect a response to your request by 2/1712011. If I can be of further assistance, please contact me at (518) 402-9522. Refer to request number if you write or call. 11-93, Records Access Officer BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 MEMO Date: January 24, 2011 To: Jennifer Andaloro, ATA From: Vicki Toth, ZBA RE: Benali, LLC #6422 Comment: Attached is the information from our file as requested. If there is anything else you require please let me know. Thank you. BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 · Fax (631) 765-9064 March 7, 2011 Rosenberg Fortuna & Laitman - LLP Attn: Anthony F. Filosa 666 Old Country Road, Suite 810 Garden City, NY 11530 RE: Benali, LLC ZBA File #6422 Dear Mr. Filosa: The Board received your letter dated February 28,2011 regarding your client Benali, LLC, requesting an adjourmnent to May 2011. At the Regular Meeting of the Zoning Board of Appeals held on March 3, 2011 a Resolution was adopted to adjourn your hearing to July 7, 2011 at 1:00 PM. (May was not available and your office indicated that you would not be able to appear in June). Prior to the July hearing, the Board requests the submission of the following information: 1. Add the wetland line depicted by R. Fox, dated 1/19/06 (Wetland Boundary), and stamped approved by Board of Trustees Town of Southold on 3/21/08, on the applicant's survey. 2. Recalculate both the square footage of the buildable lot area using the Fox wetland line and the proposed lot coverage, and show the figures on the survey 3. Show the proposed setbacks from the Fox wetland line, side yards and front yard on the survey Provide scaled architectural drawings of all four elevations of the proposed dwelling as it will appear when built on the required pilings, from the existing grade to the roof ridge, and include the proposed elevated septic system If have any questions regarding the above requested information, please contact the Zoning Board of Appeals office. Thank you for your attention to this matter. Sincerely~) Vicki Toth Board Assistant Enc: Copy of approved Trustee survey Cc: Suffolk Environmental Consulting -85-2011 04:17 FROM: 1:7659064 J.M.O. Enwronment l Consulting Services February 23, 201! Ms. Leslie Kanes Weisman, Chairperson Zoning Board Of Appeals Town Of Southold Southold Town Hall 53095 Main Road Southold, N.Y. 11071-0959 °P4Pp~4e Re: Benali LLC., Cedar Point Drive West, Southold S.C.T.M.No. 1000-90-1-2 Dear Ms. Weisman: I am presently writing you as a follow up to our recent discussion regarding this property. I have revisited the site on a m~mber of occasions to examine the various conditions. During my first revisit to the sit on 1/4/11 I noted that some of the pink plastic flagging which I used in delineating the wetlands on 12/29/10 were missing. At the time of my flagging I had labeled and numbered each flag and prepared a hand written sketch of were I had plac,~d my flagging. When I reinspected the site I also noted the existing flag numbers did not match my notes of 12/29/10. This was the reason for my brief memo to you of 1/5/11 In flagging tidal wetlands lines it is my policy to locate a high marsh or salt meadow which is considered the upper most (most landward) zone of tidal wetlands. This is an area which is periodically flooded by spring and storm tides. I then locate the most landward portion of the area of high marsh. In this zone one normally finds tidal wetlands vegetation such as Oroundsel Bush ( Phone (631) 653-0607 · Fax (631) 653-3348 121 Jessup Ave * 2nd Floor * P.O. Box 447 Quogue, New Vork 11959-0447 FE6-25-2011 04:17 FROM: ):7659064 P~.3~ll Baccharis halimifolia), Marsh Elder (Iva frutescens), Black ora,ss ($uncus gerardi) and Chair Makers Rush (Scipus sp). In this area where the wetlands interfaces with upland vegetation one commonly finds upland species such as Red Cedar ($uniperus virginiana), Seaside Golden Rod (Solidago sempervirens) Bay Berry (Morella lour), Poison Ivy (Toxicodendren radicans) and upland grasses such as Switch Grass (Panicum virgatum). In the transition zone from tidal wetlands species of vegetation to uplands species of vegetation one notes where the existing wetlands species of vegetation no longer has an advantage over the uplands species and that is the point where I locate tidal wetlands lines. My notes show that I placed my flagging on Giant Reed ( Phragm~ ires australis), a Red Cedar (Juniperus virginiana) and the remaining flags on Groundsel Bushes ( Baccharis halimifolia). In inspecting the site I also noted thc presence of orange flagging ribbon. This flagging had been placed on Giant Reed (Phragmites australis) and Oroundsel Bushes (Baccharis halimi¢olia). Some of the Oroundsel Bushes that were flagged were located seaward of my line and just landward of what I would consider the Apparent High Water Line. What I consider the Apparent High Water Line differs somewhat from the survey prepared by John C. Ehler Land Surveyor last dated 1/4/11. I am not inferring that the line depicted on the survey is incorrect but it appe.~rs to be taken from a deed. What I would consider the Apparent High Water Line to be is the landward limits of the area of Cord Grass (Spartina alterniflora) that fronts the site. Being a plant that is found in the inter-tidal zone the landward edge oftbe vegetation is usually considered the Apparent High Water Line. I was also able to locate the remnants of some other pink flagging that I assume was the flagging done by R. Fox of Sea Level Mapping performed on 1/19/06. These were in close proximity to my flags (nos. 5 & 8) during my flagging of 1/29/11. I have never been to the site during a storm ev.ent but I did note the presence of debris (soda and beef° cans, plastic bottles, a boat bumper and other matter that was _. _ . . undoubtably from a storm ©vent or a lunar tide, which was deposited well landward of what I consider Apparent High Water. In summation it is my opinion that the Tidal Wetlands Line located by R. Fox of Sea Level mapping on 1/19/06, which was used for obtaining a Tidal Wetlands Permit from the N.Y.S.D.E.C. (1 Ill 1/06) and in obtaining an approval from the Board of Town Trustees (3/21/08) is the most accurate. Upon your review of this letter please feel free to contact me with any comments or questions that the Board might have.' RESUME FOR GLENN E. JUST 1984- Current President of J.M.O, Environmental Consulting Services, P.O. Box 447, 121 Jessup Avenue, Quogue, New York. Performing wetlands delineations, both Tidal and Freshwater, preparation of Environmental Impact Statements, applications, reports, enviromental assessments, permitting through vadous agencies including New York State Department of Environmental Conservation, New York State Department of State Division of Coastal Resources and Waterfront Revitalization, United States Department of the Army Corps of Engineers, Local Town Trustees, Conservation Boards, Villages, Suffolk County Department of Health Services, Coordinating the review of projects through these agencies. Perform biological, wildlife, marine, flora and fauna wetlands species identifications, evaluations and reports. Specialize in monitoring of listed endangered species and game. Evaluation of their activities and health of species such as: Piping Plover, Least Terns, IFastem Mud Turtle, Osprey, White tailed Deer, e~c. Performed identifications, evaluations and correspondence with the Nature Conservancy, Fish and Wildlife Service and New York State Department of Environmental Conservation, Town of Riverhead, Town of Southold and Town of Southampton. Some projects I have been involved with are following: Monitoring of endangered species of (Osprey) at Paradise Point Association dudng bulkhead reconstruction and dredging activities. Environmental monitoring of turbidity to protect sensitive shellfish [[zS'd ~g06SgL:O£ :WO~ 6~:~0 lI08-SE-SB~ beds and endangered waterbird species for the Fishers Island Country Club Turbidity monitor for the Robins Island Cable Crossing project across the Groat Peconic Bay for the purpose of protection and restoration of sensitive shellfish harvesting areas Environmental species (flora and fauna) inventory for Fishers Island Bike Route proposal Monitoring of the endangered species of Piping Plovers, Least Terns, Ospreys for various Villages on Fire Island, Village of West Hampton Dunes, Southampton Town Trustees, Town of Riverhead, Village of Quogue, Village of Bdghtwaters, Fishers Island, Town of Southold, Suffolk County and various private individuals Waterbird monitor of Piping Plover and Least Terns for Keyspan during 2001, 2002 and 2005 dredging projects at the Northport Power Station and turbidity assessments Turbidity monitor and Waterbird monitor (Piping Plover) for the Town of Southold at Goldsmith's Inlet dudng emergency dredging operations. Environmental consultant and waterbird monitor for LIPA Cross Sound Cable Project at the Shoreham Intake Canal 1982- 1984 Land Use Company Preparation of applications, environmental assessments, impact statements, reports to various agencies including New York State Department of Environmental Conservation, New York State Department of State, United States Department of the Army Corps of Engineers, Local Town and Village agencies. Inspection of sites for the purpose of development, wetlands delineations Freshwater and Tidal, environmental consulting to various clientele. Biological, fish and wildlife reports, marine evaluations and flora and fauna indications. 1977-1982 New York State Department of Environmental Conservation Fish and Wildlife Technician Performed duties including: Trout stocking Electro shocking and tagging Large Mouth Bass Freshwater Angler Surveys Raising and Stocking Ring-Neck Pheasant on public hunting lands Planting wildlife food plots on public hunting grounds Bob White Quail surveys Managed Hunting Check Station for small game seasons averaged 100 hunters/day Operated hunter check station for Long Island Special White Tailed Deer season. Ran hunter reservation system and checked in all deer. Bucks were weighed and aged. Blood samples taken, Weighed Does and aged them, reproductive tracts removed and fetus' inspected. Operated Turkey Trapping Program Marine Resources Technician Operated various sized power boats (12'- 23'). Collected shellfish and water samples to be tested for certification of shellflshing areas under F.D.A, guidelines. Supervised shellfish dredging operations where hardclams and oysters were harvested from uncertified waters and then placed in certified waters for deputation. Performed routine lab work (wet), including salinity testing, water and shellfish samples testing for coliform. Brant trapping and banding utilizing cannon nets, Operated a sedes of duck traps, banded numerous species of ducks ~xO~'d ~g06Sgl:Ol :NO~ 6~:~0 ~02-S2-83~ (mallards, blackducks, green-winged teal, pintail, wood ducks, etc~'O~, In cooperation with the U.$, Fish and Wildlife Services, samples were taken for the study of DVE (Duck Virus Enteritis ) Black Ducks ware also inspected for signs of interbreeding with Mallards or Peking Ducks. In the field, interviewed waterfowl hunters for success and examined their harvested Blackducks for signs of interbreeding. Collected waterfowl gizzards from hunters and hunting clubs. Gizzards were examined by X-ray and then by hand for signs of ingested lead shot. Maintenance Supervisor for the Division of Lands and Forests Managed 7,700 acres of N.Y.S.D.E.C. owned property in Brookhaven and Southampton Towns. Supervised approximately 30 staff employees including a surveying crew, heavy equipment operators and laborers. Supervised the layouts and construction of various nature hiking trails, all terrain bicycle trails, care and maintenance of + 60 miles of trails and roads and posting and patroling of property. 1977-1980 Southampton College and S.U.N.Y. Stony Brook 1976 Suffolk County Community College Associates Degree in Marine Technology 1972 Graduated Brian McMahon High School, Norwalk, Connecticut. 1972-1979 inclusive- Part time Bayman. Commercially fished for Hard Clams, Bay Scallops, Scup and Weakfish. Client References for Glenn E. Just $.M.O. Environmental Consulting Keyspan Environmental Engineering 175 East Old Country Road Hicksville, N.Y. 11801 contact: Ed Petrocelli, 516-220-9958 Performed monitoring of endangered species April thru June '07 and '08 during project at Northport Power Station Belvedere Property Management, LLC 1251 Avenue of the Americas, 17th Floor New York, N.Y. 11020 Environmental consultant to the Robins Island Preserve, New Suffolk Ferry Terminal Station, Cow Neck shooting preserve and farm. Wetlands delineations, environmental permitting, game keeping, including numerous and various projects such as wetlands restoration, erosion control and bluff stabilization for Belvedere since 1994 thru current. Chesterfield Associates P.O. Box 1231 Westhampton Beach, NY 11978 contact: JeffGrube 288-5100 Performed many various projects with one of the largest contracting companies on the east end of Suffolk County, including but not limited to contracts with the NYSDOT for storm water abatement projects, work included wetlands delineations and permit approvals. Raynor, Marcks and Carrington P.O. Box 5027 Quogue, NY 11959 contact: Floyd Carrington 631-653-4066 Surveying firm located in Quogue in which our firm performed many various delineations and permitting coordination. TT/g'd ~90BSgl:Oi :WO~ 8T:bB Nathan Taft Corw'm Land Surveying P.O. Box 1931 Riverhead, N.Y. 11901 contact: Nathan Corwin 727-2090 Surveying firm located in Riverhead in which we coordinate permitting and perform many tidal as well as freshwater delineations. CME Engineering, Architecture and Design Associates 55 Main Street, Suite 340 Norwich, CT 06360 contact: Richard Strouse Surveying firm in which our firm has worked with on many various project on Fishers Island, New York located in the Town of Southold. We have coordinated permitting as well ss a large number of tidal and freshwater wetlands d~lineafions on Fish~r~ Island. Barrett, Bonacci & Van Weele, P.C. 175A Commerce Drive Hauppauge, NY 11788 contact: Martin Read, PLS vice president Engineering and Surveying firm we have working with on various project including but not limited to the Belvedere Property Management, LLC project sites. We have coordinated with B,B & V in the realm of environmental consulting, permitting and many freshwater and tidal delineations. The Nature Conservancy Mashomack Preserve P.O. Box 850 Shelter Island, N.Y. 11964 contact: Michael Scheibel, preserve manager Our firm has worked with The Nature Conservancy for numerous years as well as project for the Conservancy on Shelter Island and other sensitive pwject sites around Long Island including wetlands delineations and permit coordination, Southampton Town Trustees 116 Hampton Road Southampton, NY 11968 contact: 287-5717 Our firm has worked in conjunction with the Trustees on many numerous projects including the Trustees own project sites. We have coordinated the program for the monitoring of the endangered species of piping plover, least terns and ospreys for the Town. Our firm bas also acted as their agent on projects involving wetlands delineations as well as permit application approvals. Southold Town Trustees P.O. Box 1179 Southold, NY 11971 contact: 765-1892 Our finn has performed work for the Southold Town Trustees involving endangered species (Ospreys, Piping Plovers and Least Terns) as well as permit approvals and wetlands delineations. Fishers Island Country Club Numerous wetlands delineation permit processing for numerous erosion control and wetlands restoration projects. ROSENBERG FORTUNA & LAITMAN LLP Telephone: (516) 228 6666 Facsimile: (516) 228-6672 VIA FACSIMILE AND FIRST CLASS MAIL ATTORNEYS AT LAW 666 Old Country Road, Suite 810 Garden Citg, NY 11530 February 28,2011 New York City 110 East 59t" Street New York, New York 10022 (212) 980-6666 Not For Service of Legal Papers RECEIVED MAR 0 1 Z011 Town of Southold Zoning Board of Appeals 53095 Main Road P. O. Box 1179 Southold, New York 11971-0959 80ARD OF APPEALS Attention: Vicki Toth, Secretary Re: Benali, LLC Property Situate 1275 Cedar Point Drive West, Bayview Town.0f Southold, New York SCTMA 1000-90-1-2 Dear Ms. Toth: As you are aware, this office is counsel to Benali, LLC, the applicant in connection with the above-referenced application. As you may be aware, the application is scheduled to be heard next on the March 3,2011 Zoning Board of Appeals ("ZBA') calendar. Please submit this correspondence to serve as Benali's request that the above-referenced hearing be adjourned and rescheduled to the May, 2011 ZBA hc~ing o~ as soon thereafter p~ hk,¢ apglicant may bc k.~a;d, e~xcept for an) hearing of thc ZBA to be held the week of June 1,2011, since this office shall be unable to appear at that time. On behalf of the applicant, we thank the ZBA for its courtesies in this regard. AiLF./If cc: Benali, LLC (via facsimile) Very truly yours, Anthony F. Filosa Suffolk Environmental Consultants (via first class and electronic mail.) Attention: Brace Anderson Joseph Palmenteri 65 Four Winds Ct Southold, NY 11971 (917) 733-7066 February 22, 2011 Board of Appeals Town of Southold 53095 Main Road P O Box 1179 Southold, NY 11791 Re: Benali LLC Variance for Setback Hearing # 6422 STM 100-90-1-2 Date: March 3,2011 Dear Board of Appeals, I'm writing you today in regard to the above Variance hearing to express my feelings of this proposed setback· I am very much against this and feel it is not in the best interest for the town of Southold, the environment and us the bordering neighbors· By bringing this proposed structure closer to the road it would greatly change the aesthetic look of the neighborhood making it feel more crowded than it already is. Approving this also sets precedence for the remaining empty lots adjacent to it. Where does it end if you allow this? Many of us in the community bought property here in Southold based on the strict zoning laws and how the intent was to keep the area from being too crowded and overbuilt. Benali LLC has appealed to many residents in Angel Shores about their intentions and collected numerous letters of approval. It is my understanding the letters obtained were written by residents with an affiliation to the corporation and ask that you consider that in your process. I reside at 65 Four Winds Ct., I am close to the proposed property and stand to be impacted more than the individuals who have written approval letters. In closing I would consider it a travesty that a corporation such as this with no interest in the neighborhood or the environment would be able to come in to our community, spend some money and get to impact the neighborhood negatively for many years to come. Respectfully, ./~ Joseph Palmenteri Concerned Resident FEB ~ [; 2011 ~OAA£} OF APPEALS Atth: SouthoId Board of Appeals r~=te: February 25, 2011 TO: ! From.*' Joseph Palmenteri ;Acldrass: ; I=~x No:' 631 765 9497 Phone: PhOne: 917 733 7066 Subject: Benali LLC Variance, March 3, 2011 ,,,.ten.= I:~"!i~nt.!s:'~ I .a. D ~.o0 Comments: Message: total pages 3 including coversheet www. FaxTem plates, net BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54-375 Main Road (at Youngs Avenue) Soothold, NY 11971 January 26, 2011 http://southoldtown.northfork, net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 To: Jill Doherty, President Town of Southold - Board of Trustees From: Leslie Kanes Weism~y~3Jf/ Chairperson Re~ Benali, LLC 1275 Cedar Point Dr., W., Southold SCTM#1000-90-1-2 On January 19, 2011, the Zoning Board of appeals passed a motion referring the above application to the Board of Trustees for a jurisdictional determination on the location of the wetland boundary. As is the normal procedure, the Trustees deferred consideration of this application until the Zoning Board of Appeals issued findings and a determination. The Zoning Board of Appeals has determined that it cannot proceed with making a final determination until the Trustees determines the basis of its jurisdiction and that the location of the wetland boundary is critical to its consideration of environmental impacts of the proposal. Attached hereto is the information submitted into the Zoning Board of Appeals record on the issue of the wetland delineation for your review and consideration. The Zoning Board of Appeals has adjourned this matter until March 3,2011. To avoid any delay to the applicant, it is respectfully requested that the Trustees forward its determination prior to that time. Jill M. Doherty, President Bob Ghosio, Jr., Vice-President James F. King Dave Bergen John Bredemeyer TO: FROM: DATE: RE: BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Leslie Kanes Weisman, Chairperson Zoning Board of Appeals Jill Doher{y, President t% Board of Trustees January 31,2011 Variance Application Benali, LLC - SCTM#90-1-2 Town Hail Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF APPEALs In response to your request dated January 26, 2011, the Board of Trustees reviewed the survey prepared by John C. Ehlers last dated January 4, 2011 and wetland boundary line flagged by JMO Environmental Consulting. We determined the wetland boundary line to be in the highlighted area as shown on the project plan last revised Mamh 3, 2008 and stamped approved by the our Board on March 21,2008, as stated in our memo to you dated December 28, 2011. Therefore, any activity within 100' of the wetland boundary will require permits from this office. Please contact our office if you require any further assistance. ~ROPOSEO OR STORAGE SHED 7'X t4' OR O'n. IER SI~E LESS THAN 100 sq. SIREET ADDRESS Of: PROJECT SITT~ t275 WEST CEDAR POINT DRIVE ~b~UTHOLD. NY 11971 SOIL DISTURBED NEAR LANDWARD END OF LAUNCHING RAILS TO BE REPLANTED WITH NATIV~ VEGETA- TION. APPROX. 36 SQ. FT. PROJI~c'r PLAN 2011 Ol= 4pp~Ai~ w.¥ork 8tare Department of Environmental Conservat,on "/"i~ivlslon of Fish, Wildlife & Marine Resources, Region One Marine Habitat Protection SUNY @ Stony Brook, 50 Circle Road, Stony Brook, New York 11790-3409 Phone: (631) 444-0295 FAX: (631) 444-0297 Website: www.dec.$tat¢.ny, us # Pages + Cover: Date: ,/.?_.oil Message: New York State Department of Environmental Conservation Administration- Region One Headquarters 50 Circle Road, Stony Brook, New York 11790-3409 Phone: (63l)444-0202 · Fax: (63l)444-0353 Website: www.dec.n¥.gov February 4, 2011 Joe Martens Acting Commissioner Ms. Jennifer Andaloro Town of Southold POB 1179 54375 Rt. 25 Southold, NY 11971-0959 FOIL Reference No.: 11-0034 - Application ID # 1-4738-02841/00001 for any permit information. A-11-93 Dear Ms. Andaloro: This comes as a follow-up to my letter of 1/20/2011, acknowledging receipt of the above referenced Freedom of Information Law (FOIL) request, Based upon a diligent search, various records have been identified as responsive to your FOIL request. Although responsive to your FOIL request, some records are being withheld pursuant to the following exemption under Article 6 of the Public Officers Law (POL), Section 87(2) [applicable boxes are checked off]. [ ] (a) are specifically exempted from disclosure by state or federal statute; [ ] (b) if disclosed would constitute an unwarranted invasion of personal privacy [ ] (c) if disclosed would impair present or imminent contract awards or collective bargaining negotiations; [ ] (d) are trade secrets; [ ] (e) are compiled for law enforcement purposes and which, if disclosed, would: i. interfere with law enforcement investigations or judicial proceedings; ii. deprive a person of a right toa fair trial or impartial adjudication; iii. identify a confidential source or disclose confidential information relating to a criminal investigation; or iv. reveal criminal investigative techniques or procedures, except routine techniques and procedures; [ ] (f) if disclosed could endanger the life or safety of any person; [x ] (g) are inter-agency or intra-agency materials which are not: i. statistical or factual tabulations or data; ii. instructions to staff that affect the public; iii. final agency policy or determinations; or iv. external audits, including but ngt limited to audits perfumed by the comptroller and the federal government; or [ ] (h) are examination questions or answers which are requested prior to the final administration of such questions; [ ] (i) if disclosed, would jeopardize an agency's capacity to guarantee the security of its information technology assets, such assets encompassing both electronic ,inforr~atjo~systems and infrastructures; or [ ] (j} are photographs, microphotographs, videotape or other recorded images prepared under authority of section eleven hundred eleven-a of the vehicle and traffic law. Records's;t4b. J~t:t~..release are available at the letterhead address for your review and copying, plea'~e COntact the undersigned at (631) 444-0202, in Order to schedule an appointment. If you would like copies of records, copy charges are Twenty-Five (25¢) cents per page, or the actual cost of copying. You may be required to pay a deposit prior to copies being made and/or to pay all copy charges prior to copies being sent. If you wish, you may appeal the denial of access to those records, or portions thereof, being withheld, you must do so in within thirty (30) days. Please direct any appeal, in writing, to: FOIL Appeals Officer Office of General Counsel NYS DEC 625 Broadway Albany, NY 12233-1500 If I can be of further assistance, please contact me at (631) 444-0202. When calling or writing, please refer to the FOIL number that the Region has assigned to this matter, identified in the subject matter heading above. Sincerely, Nancy Pinamonti Nancy Pinamonti Region One FOIL Coordinator cc: Ruth Earl Photographed from North Site- 1275 Cedar Point West, Southold /~ pplicant- Frank C ampaneln, Jr. Photos .&ch 8,-~,, ~9 Photographed from North East Photographed from South West 275 Cedar ' ' ~ Pom~ 'er ~s~, ~ou~I~old ?hotos taken 8/24/99 Photographed from South REPLY TO A~FE NTJON OF: Eastern Permits Section DEPARTMENT OF THE ARMY NEW YORK DISTRICT, CORPS OF ENGINEERS JACOB K. JAVITS FEDERAL BUILDING NEW YORK, N.Y. 10278-0090 NOV' '1 0 2006 SUBJECT: Application Number 2006-00520-L2 by Shirley Wohl Kram To Whom It May Concern: The New York District, U.S. Army Corps of Engineers, has received a request for Department of the Army authorization for the following activity: APPLICANT: Shirley Wohl Kram 140 East 81st Street New York, NY 10028 ACTIVITY: Install a 4-foot wide by SO-foot long pile- supported fixed pier with a stairway at the waterward terminus, 6-foot wide by iS-foot long float secured with two pilings directly parallel to pier, and 4-foot wide by 6-foot long upland platform leading to a 6-foot wide by 23-foot long fiberglass or open-grate metal boat launch ramp resulting in 162 square feet of coverage/shading impacts to the existing wetlands and waters of the U.S. The stated purpose of the proposed project is to provide private recreation. WATERWAY: West Lake, a tributary to Little Neck Bay LOCATION: Cedar Beach, Town of Southo!d, Suffolk County, NY As this is minor in nature, authorization may be by Letter of Permission. This is in accordance with current Federal Regulations governing work in navigable waters of the United States. To accomplish the coordination required, prior to the issuance of a Letter of Permission, your review of the enclosed drawings is requested. Pursuant to Section 307 (c) of the Coastal Zone Management Act of 1972 as amended (16 U.S.C. 1465 (c) (3) (A)), the applicant has certified that the activity complies with and will be conducted in a manner that is consistent with the approved state coastal zone management program. To allow for the timely processing of the subject application, your comments are requested within 20 days of the date of this letter. If you have any questions, please contact Craig Spitz, of my staff, at (917) 790-8520. Enclosure Sincerely, Chief, Eastern Permits Section 661.11 VARIANCE A variance for this project is hereby applied for under section 661.11, due to practical difficulties of carrying out provisions of 661.6 of the tidal wetland use regulation. It is reasonable to expect'that this project can be modified in such a manner that the spirit and intent of the pertinent provisions shall be observed, that public safety and welfare are secured and substantial justice done and that action pursuant to the variance will not have an undue impact on the present tidal wetlands, wild life habitat, flood and storm control cleansing ecosystem, absorption of silt and organic material, recreation, education, research or open space and aesthetic appreciation. The following reliefs are sought subject to section 661.1 661.6 (a) (1) The new residential proposed project can't meet the minimum required setback but the parcel and all neighboring parcels were established prior to the affective date of the state tidal wetland requirement and the implementation of the state coastal policies. Furthermore the developed parcel to the easterly side has a residential structure I0 feet from the water and was developed with a bulkhead. 661.6 (a) (2) The minimum setback of the on site sewage disposal while not meeting the minimum landward distance, it is reasonable to believe that it can be designed to pose no mitigating adverse impact on the wetlands or West Lake. As can be seen on the Project Plans, a retaining wall has been designed to protect the wetlands from receiving any leaching from the septic system. 661.6 (a) (3) There shall be a minimum of two feet of soil between bottom of ali components of the sewage disposal system and seasonal water level, rock, hardpan or other impermeable material. The design will meet ali of the rigorous requirements of the Suffolk County Department of Health. As can be seen in attached letter from Suffolk County Water Authority. Public water is available at this time for this project. 661.6 (a) (4) This lot and subdivision lawfully existed prior to August 20, 1977, as p owded m this section new structures and other impervious surfaces, will not cover more than 3,000 square feet. A reasonable total of 1575 +/- square feet of building and 250 square feet of deck have been designed for this project. Ail walks and driveway are to be permeable surfaces thereby lessening total impermeable surface occupied. 661.6 (a) (5) Due to the original design of the subdivision and the !ack of any additional appropriate acreage the total lot size of 7546.9 +/- square feet, the lot size of this section can not reasonably be met. This lot was purchased in 1965 and at that time a building permit was in place (see attached #IH). The owner has a reasonable expectation of being able to use this property for a residence. As is evident from the attached single and separate this vacant lot meets lot size according to 661.6 paragraph (a) 8b due to the subdivisions being in lawful existence before August 1977 and it being single and separate. 661.6 (a) (6) This provision addresses cluster building and multiple dwellings which are not applicable for this application. 661.6 (a) (7) There shall be no impervious driveway, parking or similar impervious surface within 75 feet of any tidal wetlands. 661.6 (a) (8) The design for this project incorporates a roof drain infiltration system, which will handle the roof runoff for the entire ~,c~ cu structure. This in itself will lessen the direct runoff of 1575 square feet of rain from the existing adjacent area into West Lake. 661.6 (a) (8) continued - Though vegetated areas absorb light precipitation, runoff from the adjacent area in the tidal water during heavy rain is inevitable. With a properly designed infiltration system, less rainwater will be expected to directly enter West Lake. There are be no other tributary or other surface water that will be subject to the runoff from this site. 661.6 (a) (8b) This provision supports our application in that it allows vacant single and separate lot in existence prior to August 20, 1977 to be exempt from 661.6 (a) 5 (ii) for lot area see attached (1) single and separate search. Change of Project Objective possibilities Ex. - Black water holding tank and gray water septic system if required by Suffolk County Health. - House could be build on pilings instead of the traditional foundation construction. ~ Seasonal floating dock could be constructed with stand offs instead of typical piling, lessening the disturbance of subsurface ground. This project has been designed to reduce any undue environmental impact by limited house footprint, as well as installation of haybales and fence to be installed at wetland lines during construction and revegatation stage. Construction will take place at a time of the year when migration, breeding and habitat concerns are best addressed. The first attached letter from the Department of State states that this proposal meets the general consistency concurrency criteria. The second attached letter from the Department of the Army, Corps of Engineers states this proposal is minor in nature and authorization will be by letter of permission. ALBANY, NY 1223 I -OCO I July 17,2001 Mr. Walter Persson 27 Tall Tree Lane Rocky. Point, NY 11778 Re: F-2001-0559 U.S. Army Corps of Engineers/New York District Perrnit Application #2001-00432-L2 NYS DEC# 1-4738-0284/00001 Frank Campanelli - construct 4'x27' ramp and 6'x20' float West Lake Town of Southold, Suffolk County. General Concurrence Dear Mr. Persson: The Department of State received your Federal Consistency Assessment Form and consistency certification and supporting information for this proposal on July 2, 2001. The Department of Stare has determined that this proposal meets the Department's general consistency concurrence criteria. Therefore, further review of the proposed activity, by the Department of State and the Department's concurrence with an individual consistency certification for it is not necessary. When communicating with us regarding this matter, please refer to our file #F-2001-0559. Sincerelv, Supervisor of Consistency Review and Analysis New York Coastal Management Pro.am sCR/cn c: COE/New York District - James W. Haggerty NYSDEC/Region l - John Pavacic e REPLY TO A3'FEN33ON OF: Eastern Permits Section DEPARTMENT OF THE ARMY NEW YORK DISTRICT, CORPS OF ENGINEERS JACOB K. JAVITS FEDERAL BUILDING NE'W YORK, N.Y. 10278-0090 July 18, 2001 SUBJECT: Application'Number 2001-00432-L2 by Frank Campanelti To Whom it May Concern: The New York District, U.S. Army Corps of Engineers, has received a request for Department of the Army authorization for the following activity: APPLICANT: Frank Campanelli 31 Pond Path Lake Grove, NY 11755 ACTIVITY: WA l E RWAY: install a 4 foo~ by 27 foot ramp and a 6 foot by 20 foot float secured to 6 pilings. The purpose of this project is to provide an adequate mooring facility. West Lake, Little Peconic Bay LOCATION: Town of Southold, Suffolk County, New York As this is minor in nature, authorization may be by Letter of Permission. This is in accordance with current Federal Regulations governing work in navigable waters of the United States. To accomplish the coordination required, mrior to the issuance of a Letter of Permission, your review of'the enclosed drawing is requested. Pursuant to Section 307 (c) cf the Coastal Zone Management Act of 1972 as amended {16 U.S.C. 1465 (c) {3) (A)), the applicant has ce_=ifi_d that the activity complies with and will be conducEed in a manner that is consisSenu wiuh the approved state coastal zone management program. To allow for the timely processing of the subject application, your comments are: requesued within 15 days of the date of this letter. Enclosure Sincerely, ief, Eastern Permits Section Prepared by Walter Persson on 8/21/01 (Basic computerized cross section fi~rnished by surveyor) Scale 1" -- 20' Section A Width of waterway +- 750' Deck and Rm~ Proposed CGA Ramp 4' X 27' 6" Proposed 6' X 20' Floating Dock (CCA lumber over Styrofoam) ~at 10' 8" height tPropo 7'8" Phragmites for +/- 10' Project- Campanelli Prop~ Waterway- West Lake Town of Southold Ovmer- Frank Campanelli Contact - Walter Persson Date- 8/21/01 Deck and Ramp 3' above grade SUPPORTING DOCUMENTATION As a supporting document for this Variance/Permit Application, attached please find a copy of subject property survey from 1967. This 1967 survey shows that the actual size of the subject parcel, is the same size as the current survey. This indicates no appreciable erosion occurred. PROPOSED FIXED DOCK 4' X 50' INCLUDING STEPS TO LOW WATER AT SEAWARD END. / LANDWARD END OF 6' WIDE LAUNCH- lNG RAMP; FRAME OF 2X8 CCA-TREATED WOOD, DECKING OF FIBERGLASS OR PERFORATED O~EXPANDED METAL. EDGE Of WETLANDS, BY R. FOX, 1/19/06 ALL DIMENSIONAL LUMBER, TIMBER AND PILING ARE OF CCA-TREATED WOOD. ALL HARDWARE IS GALVANIZED STEEL. / 3PRtNG HIGH WATER SEAWARD END OF LAUNCHING RAMP 6' X 23' PLUS 6' X 4' PLATFORM AT LANDWARD END. / / __.__ .' EDGE OF BANK FLOAT 6' × 15' SECURED TO SIDE OF DOCK AND BY TWO PILES OR METAL PIPES. ~"L~ '-"' ~ ~ HIGH WATER _ LOW ER LADDER 2' WIDE ATTACHED TQ DOCK FOR ACCESS TO FLOAT. 8" DIAMETER PILES, 11'_+ ON CENTER. SCALE: 118" = 1' CORPS OF ENGINEERS DATA PURPOSE: Construct fixed open walkway, hinged ramp and floating dock, and personal watercraft launching ramp for private recreational purposcs. DATUI%]: MLW IN: West Lake AT: Southold COUNTY: Suflfui',: ST^TE: New Yolk SECTION VIEW Application [egardh~g the property of Shirley Kraln, SCTM # 1000-90-1-2 Represented by ];ROPEI.~-'i PEIOdiT SERVICES P.O. Box 617, Cutchogue, NY ! !935 Jan;es E. Pitzg~!!'a[d, Jr. 5 I6-73,1-5g00 PROPOSED PARKING AREA, PERVIOUS STONE OR SIMILAR, 20'X 20' 120' HON. SHIRLEY KRAM , UNITED STATES DISTRICT COURT PROPOSED GAZEBO ' ~ 500 PEARL STREET · ' OR STORAGE SHEDx~..~ NEW YORK, blT 10007 10'X 12' ~l ¢[~' #'~ /' ~' SIX STAKES PLACED, ¢ ¢ % / ~% NUMBERED AS SHOWN ~ -. LIMIT OF CLEARING / ~ ~ ~ PROPOSED LAUNCHING RAMP ~ . %/ WARD END / ~'~ ~ ~' -- -- ' "'"~--VgETLAND / -'" ' '" BOUNDARY / '" '~ -- '¢,l- BY R. FOX, 1/19/06 3POSED FIXED DOCK -'.l kk ' ¢A ' ""D"I 4' X 50" 4' ABOVE GRADE .O- ~ -D t..5 WITH STEPS TO LOW WATER, ~ ~ oD,.&, ~ ~ ~;, AND FLOAT6'X 15' · k,>x 97,¢,?~,~, -4..¢, _~ ~ ~ -4.~ -~'~ -2.4 "~k ~'~'°°' .:..~....,,_,..,-4.'~ -"". -2..~ W ~-~ FLOAT 6 X ·15' SECURED T,,O SIDE --D.O. -2.4 /'¢' / OF DOCK AND BY TVVO 6-8' d. PILES -D'O ~ OR 2" METAL PIPES. ACCESS TO ~ FLOAT BY 2' WIDE LADDER ATTACH -2.D -2.5 SCALE: 1" = 20' ED TO DOCK. - ~ .CORi'S OF ENG IN EEl,tS DATA I'ROJE CT PLAN PURI'OSE: Construct fixed open walk~vay, hh~ged Application regardh~g the property of ShMey IQ'am, SCTM #1000-90-1-2 STREET ADDRESS OF PROJECT SITE: ramp and floating dock, and personal watercrall · Represented by 1275 WEST CEDAR POllqT DRIVE launching ramp £or private ~ecreational purposes. PROPER-T PEIU~IFI' Sr~r~AqCES DATUM: blLW iLO. Box 617, Cutchogu: Y i !935 SOUTHOLD, IqY 11971 ~N: West Lake AT: Soulhold Jan!es F,. Fitzgerald, Jr. 516-734-5800 COUNTY: Suffolk STATE: New . ,.,rk 0 r,..) RESIDENCE WITH, PUBLIC WATER CEDAR POINT DRIVE (55'WIDE RIGHT OF WAY) WEST L=40.78' ~POLE ULIOS 8.0 ~ / I,P. FNO ~S 59°42'40"~ 58.2.3' (LOT ~33) VACANT N/F NANCY ELFLEIN 6.0 ,. o 4.0 25~ '-- If DIRT&'ORA~E ROAD WF8 ~. PROPOSED '~2 STORY FRAME GAR. ~-. F.FL EL = ~'C~..P,- EL = 8.8 58.7' 29:2' APPARENT LOW N61'05'50"W C.o~}P 0 LE LIL!O 120.00' ., MIN. EXP \ I EXP / ~.cz? ~ cz .., HAY BAIL 102.85' FND I,I 6.0 LP. FND 4.0 N/F PHILIP A. GiORDDANO & JOAN GtORDANO RES. PUBLIC WA~R (LOT 155) PROPOSED FLOAllNG DOCK ,NEST LAKE (LOT I I,P. FND O>W ROOF DRAIN DESIC PROVIDE 100% OF SURFACES. USE 75"X15"XS4" ROOF AREA 695/IZ. TFT=47 BLuG ~ ~ =~ F DEEMS 250.3d:S.F. C) 0 COVER TO GRADE iF DROP 'T' IS USED ON ~NLET HAY BAIL LtNE"~-~' --~ ~ PUBLC WATER 102.8S LOCKING CASTING ....,~ 3RADF_ GRADE EL ,. ~ACCESS OPENING FOR ~ MAINTENANCE [ j IE 6.5 NOTE: tNLET&: OUTLET k~-FLOW BAFFLE 8'- 0" X N,T.S. THE EXISTENCE DF RIGHT OF WAYS AND/OR EASEMENTS DR ~ESORD, I: ANY, NOT SHOWN ARE NOT OUARANTEE~ THIS SURVEY ~'AS PREPARED IN ACCORDANCE WITH THE EXiSTIN~ CODE OF PRACTICE FOR LAND Su~'dEvERs ADOPTED ~¥ T~E NE~ YORK STATE ASSOCIATION OF PROFESSIONAL LAND SURVEYORS UNAL[THOR[ZED ALTERATION OR ADDITION TO THIS SdRVEY iS A VIOLATION OF SECTION 7B09 SU~DiV]SION 8 DF THE NE~ YORK STATE EDUCATION _AW COPIES OF THiS SURVEY HAP NOT BEARING THE LAND SURVEYOR'S INKED SEAL OR ENBOSSED SEAL SHALL NOT BE CONSiDERE~ TO ~E A VALID TRUE COPY CErTIFiCATIONS INDICATED HEREON §HALL RUN ONLY TO T~E PERSON FOR ~HDM THE SURVEY IS PREPAreD, AND DN HIS BEHALF TO THE Ti-LE C~]~PANy, GOVERNNEN-AL AGENCY AND LENDING ~NSTiTUTION LISTED HE~EON AND TO THE ASSIGNEES 0m THE LENDING INSTITUTION CERTIFICATIONS ARE ND- TRaNSFERAblE TD ADDITIONAL iNSTITUTiONS OR SUBSEQUEN- OVNERS /EST LAKE (LOT 134) PL INFO. BASED ON FILED MAP OF CEDAR BEACH PARK 6R,~)E ~ 8. g' BACKFILL I~TH COARSE 6' YIN 12" MAX SAND AND G~AVEL ' ''1" "1. '.'t'"l" IE 6,0 t~ I I ~ S,~T,~Y L~A~"S ~S_ f I c, ('9 I / '--~ _1 ~ o~¢ P~S I./ bHALLOW SANITARY LE~CH~N~ TYPICAL FOR 5 POOL SCTM (LOT 1 ROOF DRAIN DESt~i PROVIDE 100% OFj SURFACES. USE 75"X15"×34" ROOF AREA 1,3~ 695/14.7FT=4; PERCENT OF LOT 0C1 BLDG 13go::bS.F. DECKS 250.3±S.F. RAMP 108.8+S.F. TOTAL 1,749.!::1::S.F/L. TEST HOLE DUG BY DATE DEC.28, ' NO. DIST. I 000 SE,: (~C.]~)P OLE LILtO FNO ,to 8.o I.P. FND ----- 4.0 N/F PHILIP A. GIORDDANO &: JOAN GIORDANO RES. PUBLIC WATER (LOT 135) INFO. BASED ON FILED MAP OF )AR BEACH PARK 30 45 60 I,P~ FNDo,~/ SCALE: 1" = 20' WETLANDS BOUNDARY SCHEDULE AS FLAGGED APRIL 5, 2001 BY EN-CONSULTANTS, INC. 1-2. NSO'12'20"W 15.17' 2-5. N62,20'41"W 5-4. N49'58'15"W 4'---5. N69'17'O0"W 5-6. q79'44'35"W 6-7. N57'57'36"W 7-8. N64'55°45''W 8.23' ,12.10' 24.54' 12.65' 13.22' 12.43' ROOF DRAIN DESIGN (INFILTERATOR SYSTEMS) - PROVIDE 100%,0F A 2" RAINFALL FOR ALL IMPERVIOUS SURFACES. USE 75"X15"X54" DOWNSPOUT INFILTERATOR SYSTEM ROOF AREA 1,390:::bS.F./ 2 = 695 VOL.FT REQ'D 695/14.7FT=47.5 LF OF INFILTERATOR NEEDED PERCENT OF LOT OCCUPANCY BLDG 1390d:S.F. DECKS 250.5i:S.F. RAMP 108.8:t: S.F. TOTAL 1,749.1:I::S.F/LOT AREA 7,546.9:t::S.F.= 23.2 1 2 4' 0 0 o'~ >-I-- Z Z T b-O >-DCO 004 ~-- ~00 F~ OVER PIPES 0 ABOV~ GROUNDWATER I' DIAMETER F~Y l EACHING POOL · FOR 5 N.T.S. SCTM TEST BORING GROUND EL. 8.0' DARK BROWN 1.0' SANDY LOAM 2.0' 2.7' ]ROWN LOAMY SAND L _ [6.3, TEST HOLE DUG BY MCDONALD GEOSCIENCE DATE DEC.28,1999 AT 3:30PM PALE BROWN FINE TO COARSE SAND -OW EL 2.5' WATER IN PALE BROWN TO COARSE SAND NO.DIST. I OOOSECT,90 BLK.O 1LOT DRWG. BY:S.8. DATE:g/2/gg New York State Department of-~nv~ronmental Conservation Division of Environmental Permits, 4~ Floor 625 Broadway, .~lbany, NY 12233=1750 Phone: (5 ! 8) 402-9!67 · Fax: (518) 402-9168 Website: ~ ~.ERTIFIED MAIL RETURN RECEIPT ~'~n_L:G. STFn January 6, 2011 Mr. David I. Rosenberg Ro~enberg Fortuna & Laitman LLP 666 Old Country Rd, Suite 810 Garden City, New York 1:1530 Re: DEC No. 1-4738-02841/00003 Benali LLC Property, :1275 Cedar Point Drive W., Southold, NY Dear Mr. Rosenberg: This answersyour December 28, 20~0 letter demanding a decision on the subject application for a Tidal Wetlands permit under 6NYCRR Part 661. The proposal Is to construct a two-story single-family dwelling and associated structures. Your letter was received here December 31, 2010. This decision is made within five working days, as required. The Tidal Wetlands permit is denied. This decision is based on the Department's comprehensive review of the application, Including a site Inspection, and a careful assessment of the project's Impacts and consistency with the permitting standards In 6NYCRR §661.9. The Department finds that the proposed actions are not compatible with the public health and welfare, are not reasonable and necessary, do not serve to preserve and protect tidal wetlands and the natural resources of the state, and will have undue and adverse Impacts on the present and potential values of the affected tidal wetland. Details for these determinations follow. The Department reviewed a similar proposal by the previous site owner In 200:1.. At that time staff assessed the project, and conducted a field inspection, and determined the project to be incompatible with the development restrictions of 6NYCRR Part 661 (Tidal Wetlands Land Use Regulations). Staff conducted a field inspection for the current proposal and found site conditions to be the same as In 2001. Given this, the current development plan continues'to fall to meet the standards for permit issuance, as outlined below. Adequate water access facilities, authorized a - I~OAI~D OF APPEALS by DEC permit No. 1-4738-02841/00002, including s~oragesne(Lfixed dock, ramp, and float, exist on the property. The proposed project is not compatible with the policy of the act to preserve, protect and enhance the present and potential values of tidal wetlands as it would lead to unnecessary destruction and despoliation of the tidal wetland. Following are the Department's evaluation of the project's consistency with applicable permit issuance standards. Section 661.9 (c) (I): The project is not compatible with the public health and we/J~are. The proposed sanitary system location is to be located 29 feet from the tidal wetlands boundary as indicated on the plans prepared by John C. Ehlers, Land Surveyor, dated 10/22/2010. The sanitary system will have an undue adverse impact on the present and potential values of the adjacent tidal wetlands. The short distance between the system and the tidal wetlands will enable pathogens from human waste to migrate to the tidal wetlands. This would adversely impact marine food production and raise concern for the public health and welfare through the potential contamination of shellfish and surface waters. 2. Section 661.9 (c) (2): The project does not comply with the developmental restrictions stated in 661.6 of this Port. The proposed residential dwelling would be located 22.5 feet landward of the most landward edge of the adjacent tidal wetlands. This is 52.5 feet less than the 75-foot setback required by the developmental restrictions. The proposed sanitary system is 29 feet landward of the tidal wetlands. This is 71 feet less than the required ;].00-foot setback required by the developmental restrictions. Section 661.9 (b) (1) (i): The project is not compatible with the policy of the act to preserve or protect tidal wetlands and it will hove undue adverse impacts on the present and potential values of the aj~fected tidal wetland oreo or adjoining or nearby tidal wetland areas for marine food production, wildlife habitat, flood and hurricane and storm control, cleansing ecosystems, absorption of silt and organic material, recreation~ education, research, or open space and aesthetic appreciation. As stated above, the proposed dwelling fails to meet the regulatory setback of 75 feet. This decreased setback would adversely affect the adjacent vegetated wetlands and buffer area by eliminating habitat and reducing the storm surge protection they provide, This proximity to the wetlands would reduce the absorption of silt and organic material and increase runoff and nutrient inputs. The proposed dwelling would cause physical disturbances during and after construction. JAN 2 You y equest a nearing on mis aecision uy writing, within 30 calendar da~s 5~the date of the mailing of this letter, to the following: Mr, Roger Evans, Regional Permit Administrator NYS Department of Environmental Conservation SUNY Stony Brook 50 Circle Road, Stony Brook, NY 11790-3409 A copy must be sent to: James McClymonds, Esq., Chief Administrative Law Judge NYS Department of Environmental COnservation 625 Broadway, Albany, NY 12233-1010 The Department must commence the hearing within 45 calendar days of receiving the request. Please contact Sherri Aicher in our Stony Brook office at 631-444-0365 if you have any questions or wish to discuss this matter further. Sincerely, John J. Ferguson Chief Permit Administrator ecc: R. Evans 5. Aicher R. Marsh U Weintraub cc: Benali LLC New York State Department of Environmental Conservation Division of Environmental Permits, .Region 1 SUNY @ Stony Brook 50 Cimle Road, Stony Brook. NY 11790-3409 Phone: (631) 444-0365 · Fax: (631) 444-0360 Webslte: www.dec.nv.aov REQUST FOR MODIFICATION T"O PROPOSAL September 30, 2009 Matt D. Ivans Suffolk' Environmental Consulting P.O. Box 2003 Bridgehampton, NY 11932 · ;~ARD OF APPEAI~ Re: Benali, LLC Property 1275 Cedar Point Drive West SoutholC NY 11971 1-4738-02841/00003 Dear Mr. Ivans: The Department of Environmental Conservation (DEC) has carefully reviewed the above application, and we have the following comments. Your proposed project requires .significant setback variances from our Development Restrictions. Part 661.6 (a)(1) of the Tidal Wetland Regulations states that the minimum setback 'of all principal buildings and all other structures that are in excess of 100 square feet must be 75 feet landward from the most landward edge of any tidal wetland. In addition, Part 661.6 (a)(2) of the Tidat Wetland Regulations states that all components of any on-site sewage disposal system must be located a minimum of.100' from the tidal wetlands boundary. The dwelling is proposed ~o ~3e ocated within 25' of the tidal wetlands boundary, and the sanitary system is proposed to be located just 30' from the wetland boundary. The mitigation offered, a roof runoff drywell which does not meet the setback requirements, is insufficient mitigation for the several variances requested at this already non- conforming site. Thus, the following .project modification and additional information ~s requested: Our technical staff have determined that 'the tidal wetlands boundary at this site is currently located along the 2' elevation contour. Please revise the boundary ShOWn on the survey accordingly. You must submit, an historical title search for this property and for the adjacent properties to demonstrate that this lot has been m s~ngle and separate ownership since August 20, 1977. · The limit of clearing, gradfng; and. ground disturbance must be shown on. the survey. Any proposed entrances ot exits from the dwelling (such as stoops, Walkways, etc.) must be shown on the Survey. 4ears .oI: stewardshil~ 1970-2010 The proposed dwelling must be located as far landward as peseible on this lot. If a variance is required from local setback regulations, such must be requested. The proposed drywall must be located as far from the tidal wetland boundary as possible. A non-disturbance buffer area must be created along the tidal wetlands boundary. The width of the buffet area must be maximized to the greatest eX-tent practical. Please send four cop~es of the revised survey 'and additional requested information to my attention at the above address. When this information is received, processing of your application will continue. Sincerely, cc: Benali, LLC JAN. 0 201t ~30ARD OF APPEAI~ ROSENBERG FORTUNA & LAITMAN- P ATTORNEYS AT LAW 666 Old Country Road, Suite 810 Garden C~y, NY 11530 Telephone: (516) 228-6666 Facsimile: (516) 228 6672 New York City 110 East 59'h Street New York, New York 10022 (212) 980-6666 Not For Service of Legal Papers Town of Southold Zoning Board of Appeals 53095 Main Road P. O. Box 1179 Southold, New York 11971-0959 January 18,2011 RECE/VED JAN 2 0 2011 ~)ARD OF APPEALS Benali, LLC Property Situate 1275 Cedar Point Drive West, Bayview Town of Southold, New York SCTMA 1000-90-1-2 Dear Madam Chairperson Weissman and Members of the Board: We are advised by Assistant Town Attorney Jennifer L. Andaloro that she intends to propose that the Board of Zoning Appeals (hereinafter "Board") vote at its January 19, 2011 work session to refer this application to the Board of Town Trustees (hereinafter "Trustees") for a determination as to the exact location of the wetland boundary on the premises, giver'., what the Board perceives to be a discrepancy surrounding the location of the wetland boundary. Assistant Town ,ittorney Andaloro graciously permitted the applicant the opportunity to comment upon this proposal and to have its comments made part of the public record for the Board in its deliberations upon this motion. After much deliberation with the apphcant and its consultants, we must respectfully object to the same. As the applicant has previously noted to the Board, the application is premised upon a survey prepared by licensed land Surveyor, John Ehlers ("Ehlers"). revised as of March 1,2010, and further revised as hereinafter set forth (the "March I Survey"). which depicts a wetland boundary delineated by Suflblk Environmental Consulting. the applicant's environmental consultant. As the Board is aware, the applicant has also applied for a Title Wetlands Permit from the New York Slate Department of Environmental Conservation (the "Department"). Said application also relies upon ROSENBERG FORTUNA & LAITMAN L~P Town of Southold Zoning Board of Appeals January 18, 2011 Page 2 RECEIPTED JAN ~ 0 201I BOAR~D OF APPEALS the March 1 Survey, as subsequently revised. By September, 2010 correspondence~, the Department advised that its "technical staff has determined that the tidal wetland boundary at this site is currently located along the two (2) foot elevation contour". While a copy of this correspondence was previously made part of the record of the proceedings had before the Board, nevertheless, a copy of the same is once again enclosed for the Board's convenience. The March 1 Survey was subsequently revised by Ehlers on October 22, 2010 (the "October 22 Survey") to depict the wetland boundary as determined by the Denartment. A copy of the October 22 Survey was previously furnished to the Board. Moreover, while the wetland boundary depicted on the March 1 Survey and on the October 22 Survey revealed that the wetland boundary as determined by the applicant was nearly identical, save for minor dimensional variations, to the wetland boundary as determined by the Department, the applicant nevertheless agreed to accept and adopt the wetland boundary determined by the Department. The Board was previously advised of the applicant's willingness to adhere to the wetland boundary determined by the Department, and the applicant once again repeats and reaffirms its position that it hereby ratifies and adopts the wetland boundary as determined by the Department. Given the identity in the wetland boundary as determined by the Department and the applicant's consultants, the applicant submits that the referral to the Trustees for an additional determination as to the location of the wetlands would, at best, be superfluous and would, in any case, contribute further to the already extensive delays experienced with this application. Indeed, much like New York Environmental Conservation Law ("ECL") §25-0303, the Code of the Town of Southold (the "Code") defines the wetland boundary as the outer limit of the aquatic or semi- aquatic vegetation. Compare ECL §25-0303 with Code §268-3 ("Wetland Boundary or Boundaries of Wetland"). Indeed, both the ECL and the Code provide that the wetland boundaries are to be drawn at the point where wetland indicator species no long have a competitive advantage over upland species. Both the ECL and the Code define tidal wetlands by means of their proximity to h;v, lands subject to tidal actizn and/zr by t~e prezcnce ~ereen of ce~a~n vegetafive species Compare ECL §25-0103 with Code §268-3 ("Tidal Wetlands"). As such, the applicant is at a loss as to what, if any, purpose shall be served by the Board's referral of the issue of the location of the wetland boundary to the Trustees. IThough the correspondence bears the date September 30, 2009, the same is plainly in error, inasmuch as the correspondence is in response to the applicant's Title Wetlands Permit application, which application was not tiled with the Department until on or about April 8. 2010. ROS[NBI~RG FORTUNA & LAITMAN Town of Southold Zoning Board of Appeals Jax~uary t8, 2011 Page 3 JAN 2 0 201' ~ARD OF APPEALS For all the foregoing reasons, we respectfully urge the Board to. ~deny the motion to refer this matter to the Trustees for a determination of the location of the wetland bo~/~ries on the premises. / Respe~fully sub~dtted, Enclosures / cc: Benali, LEG (via regular mail & e-mail) (w/o encl./ / Suffolk Environmental Consultants (via regular m il~4-mail) (w/o encl.) Attention: Bruce Anderson Town of Southold, Office of Town Attorney (via fax & e-mail) (w/encl.) Attention: Assistant Town Attorney Jennifer Andaloro ROSENBERG FORTUNA & LAITMAN, LLP 666 Old Country Road, Suite 810 Garden City, New York 11530 (516) 228-6666 DATE: TO: OF: TELEPHONE NO.: FAX NO.: FROM: TELEPHONE NO.: PAGES: REMARKS: January 18, 2011 To Whom It May Concern Town of Sou*hold Zoning Board of Appeals 631-765-1809 631-765-9064 David I. Rosenberg, Esq. (516) 228-6666 Re: Benali, LLC Property Situate 1275 Cedar Point Drive West, Bayview Town of $outhoid, New York SCTMA 1000-90-1-2 TRIS MES,$AGE IS INTENDED ONLY FOR ~ USE OF TIlE INDIVIDUAL OR ENTITY TO ~,'~ I C ~ IT IS ADDR~.g~KD TELEPHONE. YOU IlAVE ANY PROBLEMS WIT~ T~I~ FAC$IMH. E TRANSMI~qION. PLEASE CONTACT T]IL~ OFFICE AT (S16) FOR R.~TURN TRANSML~NION, OUR FAX NO, I$ (.ql~) 2,~72, TgANKYOU. Page 1 of 2 Toth, Vicki From: Leslie Weisman [weisman@northfork.com] Sent: Tuesday, January 11,2011 5:00 PM To: Andaloro, Jennifer Cc: Toth, Vicki Subject: RE: FOIL REQUEST - Benali Vicki please print and save tiffs e mail to the office file. Thanks, Leslie From: Andaloro, Jennifer [mailto:jennifer.andaloro@town.southold.ny.us] Sent: Tuesday, January 11, 2011 4:05 PH To: Leslie Weisman Cc: Toth, Vicki Subject: FW: FOIL REQUEST - Benali Leslie, Attached please find the FOIL request sent by this office to the DEC in connection with the above application. I am hoping to receive an acknowledgement and/or a response by next week. Jennifer Andaloro Assistant Town Attorney Town of Southold 54375 Route 25 (Main Road) P.O. Box 1179 Southold, NY 11971-0959 Office: (631 ) 765-1939 Fax: (631) 765-6639 ATTORNEY-CLIENT COMMUNICATION; ATTORNEY WORK PRODUCT; INTER/INTRA AGENCY COMMUNICATION; NOT SUBJECT TO FREEDOM OF INFORMATION LAW DISCLOSURE; DO NOT FORWARD WITHOUT PERMISSION Note: Service of legal documents ts not permitted via electronic mail or fax lhe information contained in tiffs electronic message and any attachments to this message are intended for the exclusive use of the addressee(s) and may contain information that is privileged, confidential and exempt from disclosure under applicable law Unintended transmission shall not constitute a waiver of the attorney/client privilege or any other privilege This e-mai] message may not be for~varded to any addressee outside of the Town of Southold intranet without the prior '~a'itten consent ofthe Town of Southo]d If the reader of this message is not the intended recipient, you are hereby notified that any rewew, retransmissmn, conversion to hard copy, copying, reproduction, circulation, publication, dissemination or other use of, or taking of any action, or omission to take action, in reliance upon this communication by persons or entities oilier than the intended recipient is strictly prohibded If you have received this communication in error, please (i) notify us immediately by telephone at 631-765-1939, (ii) return the original message and all copies to us at the address above via the US Postal Service, and (iii) delete the message and any material attached thereto from any computer, disk drive, diskette, or other storage device or media From: Andaloro, Jennifer Sent: Tuesday, January 11, 2011 4:03 PM 1o: 'foil@gw.dec.state.ny. us' Subject: FOIL REQUEST Dear Records Access Officer: (1) please email the following records if possible: Any and all documents involving the property located at 1275 Cedar Point Drive West, Southold, New York, including but not limited to Application ID# 1-4738-02841/00001 and the applicant Frank Campinelli and/or any permits granted by the Department of Environmental Conservation pertaining to this property. (2) If a portion of the above records referenced immediately above are not available via email, 1/13/2011 Page 2 of 2 please inform me by email of portions that can be emailed and advise of the cost of reproducing the remainder of the records requested ($0.25 per page or actual cost of reproduction) and the cost of mailing same. (3) If the requested records cannot be emailed to me due to the volume of records identified in response to this request, please advise of the actual cost of copying all records onto a CD or disk. (4) If my request is too broad or does not reasonably describe the records, please contact me via email so that I may clarify the request, and when appropriate inform me of the manner in which records are filed, retrieved or generated. If it is necessary to modify this request, and an email response is not preferred, please contract me at the number below. If for any reason any portion of this request is denied, please inform me of the reasons for the denial in writing and provide the name, address and email address of the person or body to whom an appeal should be directed. Jennifer Andaloro Assistant Town Attorney Town of Southold 54375 Route 25 (Main Road) P.O. Box 1179 Southold, NY 11971-0959 Office: (631 ) 765-1939 Fax: (631) 765-6639 ATTORNEY-CLIENT COMMUNICATION; ATTORNEY WORK PRODUCT; INTER/INTRA AGENCY COMMUNICATION; NOT SUBJECT TO FREEDOM OF INFORMATION LAW DISCLOSURE; DO NOT FORWARD WITHOUT PERMISSION Note: Service of legal documents ~s not permitted via electronic mail or fax The information contained in this electronic message and any attachments to th~s message are intended for the exclusive use of the addressee(s) and may contain information that is privileged, confidential and exempt from disclosure under applicable law Unintended transmission shall not constitate a waiver of the attorney/client privilege or any other privilege. This e-mail message may not be forwarded to any addressee outside of the Town of Southold int~anet without the prior written consent of the Town of Southo[d If the reader of this message is not the intended recipient, you are hereby notified that any review, retransmissmn, conversion to hard copy, copying, reproduction, circulation, publication, dissemination or othar use of, or taking of any action, or omission to take action, in reliance upon this communication by persons or entities other than the intended recipient is sttictly prohibited If you have received this communication in error, please (i) notify us immediately by telephone at 631-765-1939, (ii) return the original message and all copies to us at the address above via the U S Postal Service, and (iii) delete the message and any material attached thereto from any computer, disk drive, diskette, or other storage device or media I am using the Free version of SPAMfighter. SPAMfighter has removed 6780 of my spam emails to date. Do you have a slow PC? Try free scan! 1/13/2011 Leslie Kanes Weisman, Chairperson Town Hall Annex Building 54375 Route 25, P.O. Box 1179 Southold, NY 11971 ~ECE~ED BOARD OF APPEALs ZBA Benali application for a home at 1275 Cedar Point Drive, Southold Dear Chairperson Weisman, We support the application from Benali, LLC to build a single family residence at 1275 Cedar Point Drive. As neighbors we see this lot all the time and are very familiar with the homes around it. The proposed home is very small (only a 850 sq.ft footprint) and, while this is a small lot, as a small 2 story structure it would fit in very well. This appears to be the last buildable lot in the small area and there is no reason to deny a permit for such a reasonable structure. In summary, we have lived in this area for over 10 years and this proposed home is in keeping with all the other homes (though it is much smaller) and we support the application before the ZBA. Sincerely, Gina and Dan DeVito 60 Four Winds Court Southold, NY 11971 J.M.O. Environmental Consulting Services January 5, 2011 RECEIVED Ms. Leslie Kanes Weisman, Chah'person Zoning Board Of Appeals Town Of Southold Southold Town Hall 53095 Main Road, P.O. Box 1179 Southold, NY 11971-0959 RE: Benali LLC., Cedar Point Drive West, Southold S.C.T.M.No., 1000-90-1-2 Dear Ms. Weisman: Please be advised that I have recently revisited this property. At that time I reviewed the Tidal Wetlands delineation I had performed on 12/29/10. Upon taking a second look at the site I believe that a portion of my line, flags nos. 3-8, should relocated another 2'-3' landward. In comparing the various wetlands delineations done on this property I believe that the one perforated on 1/19/06 by R. Fox is the most accurate. Should you or any member of the Board have any questions or comments regarding this matter please feel free to contact me at any time. Gle~Just Phone (631) 653-0607 · Fax (631) 653-3348 121 Jessup Ave · 2nd Floor · P.O, Box 447 Quogue, New York 1 ]959-0447 ~f~'~' Jill M. Doherty, President James F. K~ng, Vice-President Dave Bergen Bob Ghosio, Jr. John Bredemeyer Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 TO: FROM: DATE: RE: BOARD OF TOWN TRUSTEES TOWN OFSOUTHOLD Leslie Kanes Weisman, Chairperson Zoning Board of Appeals Jill Doherty, PreSiden~/~ Board of Trustees December 28, 201 Variance Application Benali, LLC - SCTM#90-1-2 RECEIVED BOARD OF APPEALS The Board of Trustees found the wetland line to be in the highlighted area as shown on the project plan last revised March 3, 2008 and stamped approved by the our Board on March 21, 2008. Please contact our office if you require any further assistance. PROPOSED PARKING AREA 20' X 20'; REMOVE EXISTING BCA AND REP ~ROpOSED GAZEI~O OR STORAGE SHEO 7' X 14' OR OTHER SIZE LESS THAN t00 sq. STREET ADDRESS Ot: PROJECT SITE; t275 WEST CEDAR POINT DRIVE SOOTHOLD. NY 11971 120 '~ ~'-WETLAND BODNDARY BY R. FOX, 1119/86 SOIL DISTURBED NEAR LANDWARD ' -2.41 ENO OF LAUNCHING RAILS TO BE I REPLANTED WITH NATIVE VEGETa- l TION. APPROX. 36 SQ. FT. PRO,IECT PLAN Benali, LLC; SCTM #1000-90-1-2 Repre~enlcd by PROPER*T PERMIT SERVICES P.O. Box 6! ?, Cutchogue, NY 11935 RECEIVED DEC 2 9 BOARD OF APPEALS FROM: TO: 7659064 P. 2 DEC ~ 0 20~0 ;~OARD OF APPEALS EDGE OF ~AF JMO ENVIRONMENTAL CONSULTING QUOGUE, N.Y. Environmental Consulting Services DEC 3 0 Phone (63 I) 653~-¢ 0607. Fax (63 I) 653-3348 sO~OO~APPeA~ 121 Je~supAve. 2nd Floor. RO. Box 447 Quogue, NewYork 11959.~7 FAX COVER SHEET TO: . Company Name: Attention: Fax Number: "76 5 Number of Page~ Including Cover: FROM: RE: MESSAGE: ~JOt ) I if you do not receive the correct number of pages, please call out office as soon as possible. Suffolk Environmental Consulting, Inc. Newman Village. Suite E, 2322 Main Street, P.O Box 2003. Bridgehampton. New York 11932-2003 (631 ) 537-5160 Fax: (63 I) 537-5291 Bruce Anderson. M.S.. President January 5,2011 HAND DELIVERED ~ RECEIVED BOARD OF APPEALS Southold Zoning Board of Appeals Town Hall P.; O. Box 1179 Southold, NY 11971 Re.' Situate: SCTM #: BENALLI, LLC Cedar Point Drive West; Town of Southold, NY 1000 - 090-1-2 Dear Board Members, Submitted herewith please find ten copies of the revised survey for the premises referenced above prepared by John C. Ehlers Land Surveyor last dated 01-4-2011. The surveys depict the wetland boundary delineated by JMO Consulting on 12-30-10. Brace A. Anderson enc. Cc. D. Rosenberg, Esq. Benali, LLC SURVEY OF: LOT ID4 "MAt= OF= C, EiDA~ DEACH PA~K" FILED DFC,. 20, Iq2-/ AS MAP *~ qO 51TUATE,, BA~/IEh TOINN.. ~X2UTROLP SUFFOLK COUN'rr', NY ~VS'f'ED: 02-26-200q t;~EVI~D; O-/-21-2OC:~, 12-15-2OO~ 0~-01-2010, 10-22-2010, OI-O4--2OII SUFFOLK C. OUNT¥ TAX LOt # I000- cio - I - 2 BE,.NA~ ~ PROPOSED F~ETAININ® I/'iALL PROPOS, ED SEPTIC. CROSS SECTION SANITARY NOTES: ~ SEPTIC TANK SHALL BE NONOLITHZE AND FABRICATED FROM 10 OZA X 4 SOLID RING WITH 36 LIDUIO DEPTH 2 4 EESSPOOLS 8 OIA 3 DEEP, NIN 1 NAX 2 EOVER 3 RETAINING WALL SHALL BE WATERPROOFED ON SANITARY SIDE NOTSS: 0 PIPE FOUND Areo= -~,185 ~.F. OR 0.164~ Acr¢~ PROPERTY FEHA FLOOD ZONE~ A~ ~HOI~N ON MAP # ~610~C,016-f H ELEVATION~ REFEI~JENOE NAYD Iq88 DATUH FLA®S SHOI^IN THUS/~ E~t)AL LANDI~IAWJ:P EDOE OF TIDAL INETLAN[25 AS DELINEATED BY JHO CON~JLTIN® ON 12-~0-10 ®F~,APHIC, ~-,ALE I"= 20' J J A~A OF PROPERTY TO EDgE OF INETLAND5 ~58~D ~.F. HOUSE AREA 860 ~.F. PERCENT OF LOT OOVERA~E I~.1~ N W+~/ E S RECEIVED 60ARD OF APPEALS LD~xlD SURVEYOR N.Y.S. LIC. NO. 50202 369-8288 Fax 369-8287 y Dropbox\08\08\08-174.pro %% JOHN C. 6 EAST MAIN STREET R1VERHEAD, N.Y. 11901 REF.-C :~Documents and Settings\OwnerWl Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 FACSIMILE TRANSMITTAL SHEET Fax# - # ofpgs inc. cover: ~.2 Sender's Telephone #: 631-765-1809 (press 1 at recording) [] URGENT ~[~FOR YOUR 1NFO [] PLEASE COMMENT [] AS REQUESTED []_ NOTES/COMMENTS: Sender's Initials: 12/23/10 Leslie Kanes Weisman, Chairperson ZONING BOARD OF APPEALS Town Hall Annex Building 54375 Route 25, P.O. Box 1179 Southold, NY 11971 ~P~'qL$ ZBA Benali apphcation for a home at 1275 Cedar Point Drive, Southold Dear Chairperson Weisman, This writing serves to support the apphcation from Benali, LLC to build a single family residence at 1275 Cedar Point Drive. As a neighbor, this lot and the surrounding homes are a familiar site. The proposed home is only a 850 sq. fi. footprint and, while this is a small lot this 2 story structure would fit in very well. This appears to be the only lot left in the area and this home would certainly add to the ambiance of the community. Empty lots have a tendency to attract unsightly dumping and the addition would certainly eliminate this problem. I have lived in this area for over 10 years and this proposed home (though much smaller) is in keeping with the other homes. Therefore, I see no reason to deny the application before the ZBA and fully support the building of this structure. . Sincerely, . ,,~ 1425 The Esplanade Southold, NY 11971 Jill M. Doherty, President James F. King, Vice-President Dave Bergen Bob Ghosio, Jr. John Bredemeyer Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 TO: FROM: DATE: RE: BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Leslie Kanes Weisman, Chairperson Zoning Board of Appeals Jill Doherty, President!f'~ Board of Trustees ~ December 28, 2010 : Variance Application Benali, LLC - SCTM#90-1-2 RECEIVED BOARD OF APPEALS The Board of Trustees found the wetland line to be in the highlighted area as shown on the project plan last revised March 3, 2008 and stamped approved by the our Board on March 21,2008. Please contact our office if you require any further assistance. PROPOSED PARKING AREA 20' X 20'; RI:MOVE OR STORAGE SHEO 7'X t4' OR OTHER SIZE LESS THAN 100 sq \\ §zo ' ..-' \ -,~ ..~ ~XX ~o · ..,..~.~ ~ ' ~ FLOAT 6' X 20' SECURED AT END ~ ~ OF ~KBY~6'd. PILES ~ ~ OR 2" M~ PIPES· ACCESS TO ~ FLOAT BY 2' ~ ~DDER AT- 81REET ADDRESS OF PROJECT SITE t276 WEST CEDAR POINT DRIVE 8OUIHOLD. NY 11971 12ff ~ ' ~-'WETLAND SOUNON~Y BY R. FOX~ 1119/06 I CORPS OF ENG[NEICRS DATA PURPOSE: Construct fixed open walkway and floating dock, and two-rail small craft launching ramp, for privnte recrendonnt purposes. DATUM: MLW IN: West Lake AT: Southold COUNTY: Suffolk STATE: New York SOIL DISTURBED NEAR LANDWARD END OF LAUNCHING RAILS TO BE REPLANTED W1TH NATIVE VEGETA- TION, APPROX. 36 SQ. FT. PROJECT PLAN Application regarding the property of Benali, LLC; SCTM #1000-90-1-2 Represented by PROPER-T PERMIT SERVICES P.O. Box 617, Cutchogue, NY 11935 Shines E. Fitzgerald, Jr. 5 !6-734-5800 Revised March 3, 2008 RECEIVED DEC ~ 9 BOARD OF APPEALS 1250 The Esplanade Southold, NY 11971 December 22, 2010 DEC ? ZOIO Zoning Board of Appeals Leslie Kanes Weisman, Chairperson PO Box 1179 Southold, NY 11971 Re: Application of Benali for a small home at 1275 Cedar Point Drive, Southold, NY Dear Chairperson Weisman, Re: Application of Benali for a small home at 1275 Cedar Point Drive, Southold, NY I am writing to you in support of the application to build a single family residence at 1275 Cedar Point Drive. We own a home not far away in Angel Shores. I spend much of my time walking this neighborhood, specifically along Cedar Point Drive. I believe strongly that the proposed home is very much in keeping with the character of Westlake and the surrounding community. This is a small lot but with only a 850 sq. ft footprint and two stories tall it would fit right in. We always believe it was a buildable lot and a small home like this would be perfect. I have been a member of the Westlake community for over 10 years and seen many hombs that are much larger than they should be for the size of the lot. This proposed home is in keeping with all other small homes. In addition it is no closer to the water and wetlands than many other homes that you have approved. Thank you very much, Respectfully, John and Patficia Foster BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard P. Goehfinger George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 · Fax (631) 765-9064 MEMO Date: November 22, 2010 To: Jill Doherty, e resident Board of Trustees~'~/~'~)~~~ From: Leslie Kanes Weisman, Chairperson Board of Zoning App RE: Variance application, Benali, LLC #6422 Prior to the Zoning Board making a decision on the above referenced application, we would like to have complete information from all agencies involved in the review process. At the Town Board work session on November 16, 2010, Council members suggested that the ZBA ask the Trustees to contact the NYSDEC, for the purpose of conducting a joint inspection of the Benali, LLC site, as has been done in the past, to mutually determine the location of wetlands on the subject property. In addition, the Town Board feels that LWRP Coordinator Mark Terry should participate in the flagging of wetlands, either during this joint inspection and/or on his own. The Board passed a resolution on the evening of Nov 16th, allocating money to the ZBA to hire an independent environmental consultant to do environmental impacts analysis of the proposed Benali construction after the location of wetlands has been determined, should we deem it necessary. This consultant may also be used to flag wetlands but it is hoped that this matter can be successfully resolved by agreement of the Trustees, DEC, and LWRP Coordinator. Please advise our office if a joint inspection is possible and, if so, what the expected time frame would be. The applicant is scheduled to appear for a second heating before the Zoning Board on January 6, 2011, and it would be very helpful to all concerned if your coordinated review/recommendations were submitted to our office prior to that date. Thank you CC: Mark Terry, LWRP Coordinator Jennifer Andaloro, Assistant Town Attorney Scott Russell, Supervisor RECEIVED ~OV I g~OlO BOARD OF APPEALS Michael Zevits 1450 West Lane Southold, New York 11971 November 16, 2010 Ms. Leslie Kanes Weisman, Chairperson Zoning Board of Appeals Town Hall Annex Building 54375 Route 25 P.O. Box l 179 Southold, New York 11971 Re: Application of Benali for building permit at 1275 Cedar Point Drive, Southold Dear Members of the Southold ZBA: As an owner of property on West Lake, I am writing in support of the proposed building permit at 1275 Cedar Point Drive. The proposed home would represent an improvement to the area as well as another important soume of tax revenue and maintenance support for the West Lake association of which I am a member. As a home owner nearby, I would welcome our new neighbors. Very Truly Yours, Michael Zevi~ RECEIVED NOV 1 9 201~~ BOARD OF APPEALS Joseph Zevits 1300 West Lane, P.O. Box 349 Southold, New York 11971 November 15, 2010 Leslie Kanes Weisman, Chairperson Zoning Board of Appeals Town Hall Annex Building 54375 Route 25 P.O. Box 1179 Southold, New York 11971 Re: Application of Benali for a building permit at 1275 Cedar Point Drive, Southold Dear Chairperson Weisman and Members of the Southold ZBA, I am writing to you in support of the application by Benali to build a single family residence at 1275 Cedar Point Drive. We own a home approximately 500 feet away and are currently in the process of building a home on West Lake also. I believe that the proposed home is very much in keeping with the character of West Lake and the surrounding community. Although this is a small lot with 850 sq. ft. footprint and two stories tall. it would fit right in. This is the last developable lot on West Lake and has always been a buildable lot. I knew that it would only be a matter of time before the lot would be developed. I have been a member of the West Lake community for over 30 years and watched the development of the area. This proposed home is in keeping with all of the other homes and we look forward to having them as neighbors. Jill M. Doherty, President James F. King, Vice-President Dave Bergen Bob Ghosio, Jr. John Bredemeyer Town H~lAnnex 54375M~n Road P.O. Box 1179 Southold, New York 11971-0959 Telephone(631) 765-1892 Fax(631) 765-6641 TO: FROM: DATE: RE: BOARD OF TOWN TRUSTEES TOWN OFSOUTHOLD Leslie Kanes Weisman, Chairperson Zoning Board of Appeals Jill M. Doherty, President i~,)/f) Board of Trustees November 15, 2010 Variance Application #6422 - Benali, LLC NOV l 5 2010 The Board of Trustees reviewed the survey prepared by John C. Ehlers last revised October 22, 2010 and conducted a site inspected on Wed., November 10, 2010. Our Board found the wetland boundary line to be in line with the landward edge of the existing dock, and not along the 2' contour line, as shown on the survey. The survey should be revised to reflect the accurate wetland boundary line. if you need any further assistance, please don't hesitate to contact our office. cc: Bruce Anderson Page 1 of 1 From: gjust10215@aol.com Sent: Monday, November 08, 2010 10:39 AM To: Toth, Vicki Subject: Re: Quote Venali, LLC Wetlands flagging would be $ 350.00 Environmental consulting to evalutate the property issues and do draft assessment runs $ 89/hr. let me know This is a follow up the quote request for the property owned by Benali, LLC in Southold. Could you please let me know when I can expect the quote? Thank you, Vicki Toth Board of Appeals Town of Southold 631-765-1809 ext. 5011 Fax - 631-765-9064 email - vicki.toth@town.southold.ny.us ..... Original Message ..... From: Toth, Vicki <vicki.toth@town.southold.ny.us> To: gjust10215@aol.com Sent: Fri, Nov 5, 2010 12:24 pm Subject: Quote Venali, LLC ..~'-"~v~ 0 ~"l~g/I ~--O/q ('Y)~c)Jt'~ This is a follow up the quote request for the property owned by Benali, LLC in Southold. Could you please let me know when I can expect the quote? Thank you, Vicki Toth Board of Appeals Town of Southold 631-765-1809 ext.5011 Fax - 631-765-9064 email - vicki.toth@town.southold.ny.us 11/8/2010 Jill M. Doherty, James F. King, Vice-President Dave Bergen Bob Ghosio, Jr. John Bredemeyer Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 TO: FROM: DATE: RE: BOARD OF TOWN TRUSTEES TOWN OFSOUTHOLD Zoning Board of Appeals Jill M. Doherty, President ~l/I Board of Trustees November 3, 2010 Variance Application, Benali, LLC 1/6422 NOV 4 2010 BOARD OF APPEALS March 22, 2006 - Board of Trustees granted Approval to Shirley Kram by Board to construct a docking facility, gazebo/shed and parking area, subject to submission of revised plans. March 27, 2007- Benali, LLC applied for a Wetland Permit to construct a dwelling. April 2, 2007 - Construction of a docking facility commenced without the benefit of the submission of revised plans and issuance of permit by Board of Trustees. Violation issued on or about April 2, 2007. April 10, 2007 - Application to construct a dwelling postponed at the request of the agent. May 11, 2007 - Application to construct a dwelling postponed at the request of the agent. December 12, 2007 - Wetland Permit #6325 (amended Resolution dated 3/22/06) issued to Shirley Kram to construct a docking facility, gazebo/shed and parking area. October 15, 2008 - Wetland Permit #6325 transferred from Shirley Kram to Benali, LLC. April 24, 2009 - Certificate of Compliance issued for Wetland Permit #6325 for the docking facility, gazebo/storage shed, parking area and marsh restoration. March 4, 2010 - Application received from Benali, LLC to construct a single-family dwelling. April 21, 2010 - Postponed per Board of Trustees. ' Toth, Vicki From: Sent: To: Cc: Subject: Steve Kram [steve@kraml.com] Friday, November 05, 2010 10:09 AM Toth, Vicki Peter Gunn; Bruce Anderson; David, Esq Rosenberg [SPAM] - Benali, LLC home application 1275 Cedar Point Drive Dear Ms. Toth In the last hearing in Oct on the Benali, LLC home application it was suggested from the Chair that I seek a letter from the Westlake Homeowners Association stating what I was told, which is that the Association had no position on our application at all. I understand that you had a conversation with Mr. Peter Gunn (President of the Westlake Homeowners Association) in which he stated to you that they have no interest in our application, that our house application is beyond the scope of their charter to take a position on, and that they would not be sending a letter to the ZBA. I hope that providing this email and your conversation with Mr Gunn will suffice, however if you need anything else please let me know. Thank you - Steven Kram Benali, LLC 1275 Cedar Point Drive, Southold (site] 1310-880-6000 (cell) Suffolk Environmental Consulting, Inc. Newman Village. Suite E. 2322 Main Street, P.O. Box 2003, Bridgehampton, New York 11932-200~)t4 (631) 537-5160 Fax: (631) 537-5291 ~1D . ~ Bruce Anderson, M.S..President ~,'3 ~1lI' ,~ HAND DELIVERED .~ 10~ ~.~~c~ 6~ October 21,2010 Southold Town Zoning Board of Appeals Town of Southold 53095 Main Road P. O. Box 1179 Southold, NY 11971 Re: Situate: SCTM #: Benali, LLC Property 1275 Cedar Point Drive West; Bayview Town of Southold, NY 1000-90-1-2 Dear Members of the Board, This correspondence and accompanying materials will serve as technical back-up for my presentation of today. Submission contents are as follows: Building Permit [No. 3587] issed on August 28, 1967 authorizing the construction of a single family dwelling on subject parcel. Zoning Variance (No. 6408) issued to Bonnie Quinn dated September 15, 2010 authorizing additions and accessory Structures less than 75-feet from bulkhead and accesso~/ structures in a required side yard. Zoning Variance (No. 5134] with accompanying materials issued to Nancy Carroll on April 3, 2003 authorizing additions/alterations to existing dwelling; as built deck less than 75-feet from bulkhead; lot coverage greater than 20% which decision recognizes that the neighborhood is developed with single family dwellings on small, non- conforming lots. Zoning Variance [No. 5627] with accompanying materials issued to Nancy Carroll on December 29, 2004 authorizing a front yard setback to 27- feet and lot coverage to 22.3% which decision also recognizes the parcel to the east having a non-conforming front yard setback. Zoning Variance [No. 5143) issued to Douglass DeFeis on September 5, 2002 authorizing a new dwelling constructed less than 75-feet from the bulkhead. Zoning Variance [No. 5438] and accompanying materials issued to Douglas DeFeis on December 18, 2003 authorizing front yard variance for steps and portico. Zoning Variance [No. 3983) issed to Janet Maloney authorizing dwelling decks and stairs less than 75-feet from a bulkhead. Zoning Variance (No. 2887) and accompanying materials issued to William Jacobs as agent to Mr. and Mrs. DeMaio on October 15, 1981 authorizing the construction of a new dwelling with insufficient front and rear yard setbacks. Zoning Variance (No. 1153) and accompanying materials issued to Peter Popolizo on November 16, 1967 for the construction of a new dwelling with insufficient front yard setbacks. 10. Zoning Variance (No. 6383) issued to Sim Moy on October 7, 2010 authorizing the construction of single family dwelling with insufficient setbacks to lwo bulkheads and a rear yard variance. / Bruce A, !~derson Cc. Benali, LLC D. Rosenberg, Esq. TOWN OF SOUTH0tD BUILDING DEPARTMENT TOWN CLERK'S OFFIGE $OUTHOLD, N. Y. 3587 Z ' ':~ :--::~ ';Pem~is~ion Is hereby granted to: BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE pREMISES UNTIL FULL · COMPLETION OF THE WORK ^UTHOr~IZED) to ~.-~-.*e/~.*-~'~&~''~*~e- /n~, ............... -- "J~4~ {~ l.~I~- .~, ~,~I' ~'~-~ ?"~J~ ........... ' ........... at lJtemi~$ I~cot~'~ at ~.~.~-.,~: ........... ~ ......... ' .................... : .............. · ,~--~.-- ~.-~,,~.' ~4; ~ ~o%)t!to3Y.!, ......... · ............... pur.~ar~ to opplica/ion doted ................... ~B.~. ......... ~ ............ , 19~..., and approved by the Bui Idihg · I r~pector. Bui ding nspector ¥om~ ,%0., TOWN OF $OUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE EOUTHOt. D, N. Y. ^pplicotion No..!'~':.~i~....Z .......... APPLICATION FOR BUILDING PERMIT D~te ............................ ~1%~0.~-'~. ......... ~.B..., 19..J~ ..... INSTRUCTIONS o. This applicolion must be completely fiUed in by typewriter or in ink and submitted in duplicate to the Building ~nspector. b P at plan showing Iocat on of lot and of buildings on premises, relationship t? adjoinJr~j pr~mie~ or ~b~ic s~reet~ or areas, and givi~ o de~oil~ ~scr~ption of Ioy~: of prope~y ~ust be drown on t~e d~grom wh ch s ~ o[ this appsicahon. c. ~e work covered by this application my not be comm~ced before issucnce ~ Building Permit. d Upon appr~al of this opplicoti~, the Buildi~ Inspector wiU i~ue a ~ildlng Pe~it to t~ ~pllcont. Such pe~it shall be kept on the premises a~Beble f~ nsp~tion thmugho~ ~e progre~ of ~e wor~ e. No ~i~di~ s~il be ~cupied or u~d in whole or in po~ ~or any putp~ what,er until o Ceflificote of ~c~ncy sh~ll h~ve b~n gront~ by the Building Inspirer. APPLI~TION ~S HEREBY ~DE to the Building De~rtment for. ~he .i~s~once~f ~ Build[?g.~er~it ~nt~. the Buildi~ Zone Ordinance of the To~ of ~uthold, ~ffotk County, m~ TorK, ono.otner oppllCOole LOWS, u~ul~ C=S Or R~U Ot ~, for the c~struction of building, oddities or alteration, o~.[? m~l ? de~?i~, ~ he, in de~Hbed. .... ~r~z~ ~ .................................. (Signo~re of a~licant, or nome, if a co~roti~) ~re~ of ~p[icant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electricion, plumber or builder. Co..~. 0ffi¢o~ ~ bu. tl~e~, ag.e. at ........................................ Name of owne~ of premises ..~.'~.b..~',...~.~ ........................................................................................................................... It applicant Ts o corpora, sig~ture ~f duly cuthorized officer. (Name and tltle of co,orate officer) J. L~ation of land on which prop~ed ~rk will be done. ~op No.: .q~.~. ~e~.~_.~..... Lot N~ St~et and ~mber ......Ger~:..go~..~e~ ......... 8~0~ ............................................................................ State existieg use a~ ~u~n~ of premises and intended use and ~cu~ of p~ed construction: o. Existing ~e end occupancy ,.~..-~ ....................................................................................................... f~ily d~,'ell~g b. l~ended ~se o~d occ~on~ .-..~.~ ...................................................................................................................... 3, N~t~re of work (check which applicobie): Ncw Building ,.~.... Adclitio~ .................. Alterolion .................. Repair .................. RemovcJI .................. Demolition .................. Other Work JD~cri~e) ....................................... 4. Esti~o~dj CO~ 81~O*-..~J ...................... Fee ...... ~0~ ................................................................... J~ g~roge, numar of cors ............................................................................................................................................ Height ........................ Number of Stori~ ............................................................................................................. 8. Dimensions of entire new c~stmcli~n: Front ....... ~6 ........................ ~t ........ ~ ............... D~th ......... ~ ....... 9, Siz~ oF Jot: Front ............................ Rear ................................... ~pth ................................ J0. Detb of Pu~hose ........................................................ Nome of Former Owner ..................................................... 11. Zone ~ use di~rict in whi~ premis~ ore situoted ,,...*~..~,~ .......................................................................... 13, No~e of ~er of premises ..~a~O~,.~ .............. Addre~ -..~t~ ................... P~ne No .................... Na~e o[ A~hit~t ..................................................... ~ddre~ ............................................ Phone No ..................... Na~e of Contractor ..~,,~ .......................... Address ...~.~ ................... Ph~e No ................... J PLOT DIAGRAM / STAT~ O~ NEW YORK~ J c c COUNTYJOF .~ .............. ~ .... ~ " d~o~s and says t~t he Is the ~plic nt . . .~ .......~L.~D~ ...................................... be ng duly swan, ~(Nome of in~ivi~al s~ning applicoti~) ab~. na~ed. He is the ....... ~..O~l~a~..~..~,~..a8~ ................. ~ ....................................................... I (Con~ractor, p~ent, corporate o~icer, etc.) of SO d o~er or ~ners and Ls duly a~rized to ~rform or hove perfor~d t~e s~id Fork aqd,to ~k~ ~ that ~e ~r~ will be perEo~d in the ~nner see ~h in the o~licaH~ f~led t~r~with.' S~m to ~fore me this / ,. ; BOARD MEMBERS Lf-~slie Kanes Wei.,unan, CI0airperson lames ~izio O~e H~ing Ken ~ Southold Town Hall 53095 Main Road · P.O. Box 1179 Southoid, ]qY 11971-0959 Town Aix~x/Fast Floor, Capi~l One Bank M375 l~..ain Road (at You~gs Avenue) $outhold, NY 11971 http://soutboldtow n.eor th fork-a~t ZONING BOARD O1? APPEALS TOWN OF SOUTHOLD Tel. (631) 7(~-1g09 · Fax ((~31) FINDINGS, D~LIBI~RA~rI[ONS AND DET~IINATION MRETING OF SEP'I~M.BER ltl, 2010 SiP 0 2010 ZBA FILE: 6408 NAME OF APPLICANT: Bonnie M. Quinn PROPERTY LOCATION: 1075 Cedar Point Dr., West (adj. to west Lake) Soothold, SC1'M#1000-90-1-4. SEORA DETER,MINA.TION: Thc Zoning Board of Appeals has visited the property under consideration ~n this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application waS referred as required under thc Su~ffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Depamnent of planning issued its reply dated Jllly 13, 2010 stating that this application is considered a matter for local determination as l.h~e ~pp~a~s to b¢ no significant coumy-wide or inter-community impa~t LWRP; Tbjs applieatinn was r~'erred for reviewed under Chapter 268, Waterfront Consistency r~view of ltae Town of Southoid Town Code and the Local Waterfront Kevitalization Program (LWRP) Policy Standards. The LWR.P Coordinator'issued his reply dat~ August 15, 2010 based upon the information provided on the LWRP Conslstency A~cssme. nt Form submitted to this department, as well as tho records available to us, it is our recommendation that the'.proposed action is cON$1STF-,H'f with LWKP policy standards and therefore is CONSISTENT with the LWRP provided that the fi~aer recommendation is implmnented; a landscaped buffer be required landward from the rip-rap, existing vegetefioo shoold be included. PROPERTY EACTS/DF. SCRIPTION: Subject property is a non-conforming 11,526 ~q, t~. lot improved with a two story single family dwalling with acceszory shed and arbor, It hm 90 feat on Cedar Point Drive West~ I g6.71 &et along the eastern property line, 1~,2.1g feet aloug Wc~t Lake and 83.96 feat along the westca'n property line as show ~ on the survey datedl~ey 20, 2010 ~¢~ed by ?etonic Surveyors, PC, 81S FAPPLI A ON: RequestforvariancefremGodeSection2g0-116(B)and2g0-15. basedonan ·., - ' ' 's June 14, 2010 Notice of DisapprOVal concerning "az application for budding permR m~l the Braiding InspeCtor built" altm-afions/eddifions and acne.cry stroctur~s at: 1) less than the cock~ required .~a~tback fi'om · bulkhead of 75 ~Tect; 2) ac¢¢szory str,aetor~,s located in side yard when the mar yard location is code required, ~i~kQJ,~g~: The applica~ proposes to maintain 1) an as-built $econd story 96+/- sqoar~ foot deck having a 27 foot setback from a bulkhead, 2) an as-built 16 +/- square foot arbor containing a child's ~wing set having an t $ foot setback from s bulkhead and located in a side yard, 3) an as-built 126 +/- ~quaro foot frame shed having a 39 foot s~tback from a bulkhead and located in a side yard and a) an as-built oatdoor shower/utility room having a 34 foot setbeck from a bulkhead, Parc 2- ~:-ldembe115, 2010 ADD~IO~ ~O~A~O~: A p~v~ous owner of ~is p~l ~ ~ a v~a~, und~ Ap~al ~288~ datcd S~b~ 15, 1~1, ~ ~ct a o~-~i~ dwcll~g wi~ ~ i~cieut ~r d~llings (~ at~ d~k) n~ ~im m ~ ~ hi~ w~ m~ of 23 f~t. ~e ~d ~ d~k is s~ 27 f~ away ~m ~ ~ high wa~ m~k. ~e Bo~ ~ a eo~ of a ~fi~ of Compl~ d~M lune l 8, 2010 ~m ~e To~ Tm~s ~v~ing all ~e "~ bml~' addi~o~ ~d ~s~ F~GS OF FACT/~HS FOKBO~ ACT~ · · ~ ~p~cafion ~ A~ 26, 2010, at wMoh time ~e Zoning B~rd of Ap~l~ held a publm h~ng on th · ~i~ md o~ evid~ w~ ~- B~ u~n ~I t~ny, d~men~o~ pe~ ins~uon gf ~ p~y, md o~ ~videnc=, ~e 7~n~g Bo~ ~da ~ follo~g fa~ to ~ ~c ~d rel~vmtt ~d makes ~e follo~ng find~gs: ~. T~ ~ ~67~bf~b~l}. ~tiug of ~e r~u¢~ vgian¢~ ~1 not pr~ ~ und~l* ~ang¢ in pre~iou~ o~ md have ~ in pl~ for · numar ofy~m wi~t the d~iment m n~ ~i*a a~ ~y for t~ a~Ji~t to punu~ o~ ~n m ~ vmC¢. %~ ~ ~onm~ed by a ~io~ ~r, who did n~ ~p~ for ~i~ g v~$ fg their I~tiom, which u~ ~uir~ th~ appli~t ~ pu~ue v~s f~ ~ subj~ ~ett~s, 3. To~ ~w ~Z6%b[$)~}{3), ~e v~ ~nt~ ~ ~ not ~bs~aL from ~e m~ hi~ w~ i~ 27 f~ which is ~er thru ~e ~is~g f~ ~o~ d~ ~k of 23 ~ which rec¢iv¢d a v~ nndg ap~al ~2887. Th~ ~b~ to ~ othg ~J~ ~u~ and ~tr I~ation M a side ym'd are not sub.midi wh~ mkeu M c~i~xt ~ whst exi~ in the n~igh~L 4. Xow= ~w ~2fi%b{$~b~) No ~ld~n~ h~ ~ submiR~ ~ su~st ~at a vafianc¢ in this r~idemial ~mmuniW will h~ve an ~¢r~ impa~t ~ the physi~ w enviro~m~ conditions in ~e neigh~d. 5~ T~= ~w ~2~7-bi$)tb~[~ ~e diSguiSes haw ~n ~lf-cre~d, ~ in $o fg m ~e applier pushed th~ ~llin~ ~i~ th~ ~onb~g n~so~ ~c~$ a~ ~ pla~, ~ioh w~ ~i~ by ~e previous o~ wi~out va~e~a ~d buildMg ~mi~. applicant to enjoy ~ ~fit of eM~ing ~difio~ ~d ~ ~uot~, abamc~r ofth~ n~i~ ~d ~e ~Rh, saf~ ~ ~lfg~ of~ ¢o~uni~. ~SOL~ON OF ~ BO~: In ~si~ng all of th~ abow f~ and ~plying ~ balmc~ m~ undg New York To~ ~w 267-B, m~on w~ off~ by Mm~ Schneider, ~ ~ Mem~ O~ingg. and duly ~ie~ ~ G~ ~e v~no~ ~ ~li~ for, and shown on ~ Sumcy of Lot ~136, S~M ~ 1~-90~1~, I~t ~ision dared May 20, 2010 ~ by lohn T. M~r, L.S., ~ Su~eyon). C~itiom: A F~ fo~ wid~ I~ds~ burr ~dro~t tol~nt natJw pl~ and g~a~ a~ll be established landward of the fip~p which ah~l includ~ existing wg~iOm That lhe a~ conditions be written ~o tfi~ Bulldi~g.l~sp~'$ C~c~e ~Oc~anq, Any d~viafi~ from th~ a~, ~i~ pJan ~dl~ ~im¢~al ~win~ ei~ in ~i~ dec,ion will r~lt in d~l~ys ~0/or a po~ible d~ni~l by ~e Build~ Dep~t of a bu~ldMg ~i% ~ may ~u~ a new ~pii¢afi~ and public h~g ~r¢ the Zoning Board of CTt~: ioeo.oe.l-S the vat.ce ~ive~ such Any devi~io~ docs nm ~o~ ~ ;on~e ~Y ~t or ~ u~, ~ or ~r ~ of ~e ~ ~ ~ may vJo~a~ the Vote of the Board: Aye,¢: M*mb~rs }Yeisrntm (Chairperson). Goehringer, Dini,~o, Schneider. (By Phone wa& M~mber fforning, no voting right) Thb R~olution was du~ adopted (4-0). Southold Town Clerk APPEALS BOARD MEMBERS E~dla A. Tortora, Chairwoman Gerard E Goetn'in g~ Geoege Homing Ruth D. Oliva V'mcent Orlando BOARD OF APPE~L~ TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road EO. Box 1179 Southold, New Yo~k 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 http://sout~oldtown.nor thfork,net. RECEIVED FiNDINGS, DELiBERATiONS AND DETERMiNATION,~~ AP.R 1 ~ .~, MEETING OF ApRIL 3, 2003 ApPl. NO. 5134 - NANCY CARROLL (former applicant'OWner, Michael J. ~18 ~wa ¢lerl( Property Location: 350 West Lake Drive, Southold Parcel 1000-90-1-21 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PRQPERTY FACTS/DESCRIPTION: The applicant's 14,996 sci. ff. parcel has a frontage of 100 feet along the south side of West Lake Ddve and lot depth of 127.18 feet along the west side property line. The lot is shown es Lot 122 on the Map of Cedar Beach Park at Bayview and is improved with an existing one-story frame dwelling with an "as built' rear deck, shown on the 11/22/01 suwey prepared by Destin G. Graf. BASIS OF APPLICATION: Building Department's March 13, 2002 Notice of Disapproval, amended August 30, 2002 and January 13, 2003, citing Section 100- 239~4B mcjarding an application for a building permit to construct additions/alterations to the existing dwelling. The masons stated in its dee~el are that the proposed addition/alteration are: (1) less than 75 feet from the bulkhead, alter considering the existing deck addition is 'as built' at +~ 42,8 feet; and (2) w~ll have a lot coverage area greater than the 20% for building areas. FINDINGS OF FACT The Zoning Board of Appeals held a public heefing on this application on March 20, 2003, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: Applicant wishes to construct a proposed second-stery add~on, proposed garage addition and proposed deck at the rear of the dwelling. The setbacks are proposed at 36.6 feet from the front lot line, 12.9 feet on the west aide and 12.8 teet from the east side line (total 25.7 ff. total side yards), and 42.8 fe~ from the bulkhead/rear lot line, as shown on the site plan prepared by Garratt A. Strang. Architect dated 1/13/03~ REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: page 2- April 3, 2003 .... Appl. No. 5134 - Nancy Carroll 90-1-21 at Southoid 1. Grant of b'~ area variance wilt not produce an undesirable change in the character of the neighborhood ora debirnent to nearby properties. The neighborhood is developed with single-family dwellings on small, noncOnforming lots. Several houses in the area ara two stories and similar or greater than the applicant's proposed lot coverage and setbacks~ 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pumue, other than an area variance. The applicant's lot is a small nonconforming lot, unde~ 15,000 sq. fi., and the applicant wishes to construct a two-story addition over the existing footprint and to add a garage and deck areas~ all of which create the need for code relief. 3. The relief raquested is substantial. The code requirement is 75 feet from the bulkhead, end this is a request for a 32'2" reduction. The second variance is minimal, at only ,8% of a reduction in the code. 4~ The difficulty was self-craated when the applicant purchased the existing house and becoming awara of the small lot size and tight setback tolerances. 5. No substantial evidence has been submitted to suggest that the two variances for the proposed additions will ha'~ an adverse impact on physical or environmental conditions in th~ neighborhood. 6. Grant of the raquested vadanca is ~ minimum act/on necessary and adequate to enable the applicant to enjoy the benefit of additions, while preserving and protecting the character of the neighborhood and the health, safety and welfara of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Orlando, seconded by Chairwoman Tortora, and duly carried, to GRANT the Vadence es applied for, as shown on the site plan prepared by Garratt A. Streng, Architect dated 1/13/03, SUBJECT to the condition that the deck shall be "open to the sky." This action does not authorize or condone any current or future use, setback or other featura of the subject property that may violate the Zoning Code, other than such uses, page 3 - April 3, 2003 :~"- ''' AppL NO. 5134 - Nancy Carroll 90-1-2t at Southotd setbacks and other features as am expressly addressed in this action. Vote of the Board: Ayes: Members Tortora (Chairwoman), Goehdnger, Oliva, and Orlando. (AbSent Was Member Homing of Fishers Island.) This Resolutior~ was duly adoPted (4-0,. Lydia A.~r,,of~:)ra, Chairworn~ ' Approved for Filing ~///o~ LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, MARCH 20, 2003 pUBLIC HEARING NOTICE is HEKEBY GIVEiq, pursuant to Section 267 of the Town Law and Choptcr 100 (Zoning), Code of the Town of Sonthold, the foll~ publi~ hez~ing will be held by thc SOL/THOLD TOWN BOARD OF APPEALS at ~e Town HalI~ 53095 Maln Road; P.O. Box 1179; Southold, NeW york 11971-0959, on Tlmrsday, Mm'e~ ~0, 2~3i at the time nc~ed t~low (or as soon theater as possible): the Building Dcpamnent'S Notices of Disapproval, daied March 13, 2002, mnmo~m August ~, ~w~ ..... ~ , 2003. Applic~t prepeses additioes to th~ oxis~g dwdling with a s~tba~k l~ss than 75 lest from the ~ ~ ~th a total lot cov~tago ov~ tho coders 20% limitation, at 350 West Lage Drive, Southold; Parcel 1000-90-1-21. Tho Board of Appeals will hem all l~rsous, or their representa~ves, desiring to b~ haaxd at each hearing, and/or desiring to submit writhm statements b~ore the conclusion of each hearing. Each haadug will not sta~ earlier than designated above. Files sxe available for review dunng regular business hours. If you have questions, please do not hesitate to call (631) 765-1809. Dated: February 2$, 2003. LydiaA. Tortora, Chairwoman Board of Appeals FORM NO. 3 TO: TOWN OF S OUTIZlOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Garrett Stesng AIC Nancy L. Carroll 1230 Traveler Street Southolck N.Y. 11971 DATE: March 13. 2002 AMENDED: Augast 30, 2002 RENEV(ED/AM~NDED: ~[~nns~-y 13i 2003 Please take notice that your application dated December 3, 2001 For permit for additions/alterations to an existi~ single r*~nilv dwellin~ at Location of property 350 West Lake Drivo. Southold County Tax Map No. 1000 - Section ~ Blockl Lot 2__[1 Is returned herewith and diasppmved on the following grounds: The ¢roposed consm~tion not perrmtted pursuant to A~iele XXIII Section 100-239.4B which states; All builtti~m~ located on lots upon which a bnlkhe~ concl'oto wall. riDIWO or similar 8lllllYoJte exists and which ar~ 8dimt~llt to tidal walelt bodies oth~rt than 8o1111118 ~hAll be set back not less than sevenW~ five (75) feet from the bulkh~l. The proposed edditi0n/alterat~on is noted as beln~ +/42.8 feet from the exastmg bnlkhea~ Although the new wOrk is landward of the ea~tirm "as built" dock adthtiom which is 36.4 feet liom the bulkhead, the B~iilrlln~ Debarment has eonoluded that it is not a lem~l addition, The "as built" deck addition will be demolished as hart of thi~ mono~l m-oioct. The prope~ ou~renllv has a total lot eovearane of+/- 17.3%. Followim~ the addition/.alteration, total lot eoVerage will be +/- 20.8%. This distil was am~.e~a~fi"~An~at 30, 2002, to refloct the ne~ property owner's name Note to Applicant: Any change or deviation to the above referenced application, may require further revtew by the Southold Town Bnllding Department. IGALClRETT A. STRANG architect Treveler Street SouthoId NY t1971 631 765 5455 APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer Lydia A. Tortora Vincent Orlando James Dinizio, Jr. http://sout hotdtown.nor th fork.net BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF DECEMBER 29, 2004 ZB #5627 - NANCY LOUISE CARROLL Property Location: 350 West Lake Drive, Southold; CTM 90-1-21 Southold Town Hall 53095 Main Road gO. Box 1179 Southold, NY 11971-0959 Tel. (631) 765-1809 Fax (631) 765-9064 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's 14,996 sq. ft. parcel is shown as Lot 122 on the filed map of Cedar Beach Park (or 12,667 sq. ft. per surveyor tie line measurements at bulkhead) with 100 feet along West Lake Drive and 126.24 feet in depth along the easterly side line. The property is improved with a one-story frame house with garage, as shown on the July 6, 2004 site map prepared by Robert Chades Tast, R.A. BASIS OF APPLICATION: Building Department's July 22, 2004 Notice of Disapproval, citing Section 100-244, in its denial of a building permit to construct additions with alterations which will be less than the code-required 35 feet from the front yard line and exceeding the 20% code limitation of lot coverage. FINDINGS OF FACT The Zoning Board of Appeals held a public headng on this application on December 16, 2004 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: In the applicant's odginal application and survey map dated Juty 6, 2004, prepared by Robert Charles Tast, Architect. the front porch was requested with variable dimensions, 24,74 feet from the front lot line facing West Lake Drive, 12.9 ft. and 12.8 ft. side yards, and lot coverage at 22.3% of the 14,997 sq. ft. parcel size. AMENDED AREA VARIANCE RELIEF REQUESTED: During the December 16, 2004 public hearing, the applicant was requested, and agreed, to increase the front yard setback that would be more conforming to the code's front setback requirement of 35 feet, reducing the size of the porch from 8-11' depth variables x 58.30'+- lin ft., to 8' in depth x 58.30' lin ff., after removing a 3 ft. x 15.50 ff. section of the porch, resulting a 27' +- front setback, 12.9 feet from the west side line and 28.8+- feet to the east side line. (The applicant agreed to submit the Board's requested revisions for this reduction, to allow for an 8 ft. deep front porch, before obtaining a building permit.) This also reduced the lot coverage from 22.6% to 22.3%. Page 2 - December 29, 2004 ZB Ref. 5627 - Nancy Louise Carroll CTM Id: 90-1-21 REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the alternative relief will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicant requests a proposed one-story covered porch along the entire front length of her home on West Lake Drive in Southold. The setback proposed is greater than at least one parcel, adjacent to the east, which contains a nonconforming front yard setback as close as 22.5 feet. The lot coverage request was reduced to 22.3% of the entire lot size (or 26.8% when measuring the lot size to a tie line at the bulkhead). 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The applicant's lot is a small lot (12,667 sq. ft. in area when measured to the existing bulkhead), and the applicant wishes to construct a single-story 8 ft. porch in front of the existing concrete entry/platform/brick walkway, which is presently 32+- feet from the front property line, requiring code relief, 3. The variance granted for the porch is not substantial. The existing front walkway with platform at the entrance is 32+- feet from the front property line, and the proposed 8 ft. porch will replace this area. resulting in a 27+- ft. front yard setback. The lot coverage increase would allow 2.3%, or 345 square feet, over the 20% code limitation of the 14,997 sq. ft. lot size, for 3,344.11 sq. fi. total (22.3%). 4. The difficulty has been self-created and is related to the need for a front porch, which cannot be planned to meet the setback requirement of the zoning code, 5, No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood, 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a front porch, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Goehringer, seconded by Member Dinizio, and duly carried, to DENY the variance shown on the July 6, 2004 architectural site plan prepared by Robert Page 3 - December 29, 2004 ZB Ref. 5627 - Nancy Louise Carroll CTM Id: 90-1-21 Charles Tast, R.A., and to GRANT alternative relief, for an one-story front porch not to exceed 8 ft. by 58.30 lin ft. at 27+- feet from the front lot line, with the condition that the applicant obtain a revised survey to confirm this alternative, for submission when applying for a building permit. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violata the Zoning Code, other than such uses, setbacks and ether features as are expressly addressed in this action. Vote of the Board: Ayes: Members Odando (/~;ting/Chairman), Goehringer and Dinizio. were Chairwoman Oliva and Member Tortora.~is~n ~i1~ d.~adopted (3-0). Vi n cent ~a a~{do, ~'ting~C'(~aiYma n 1//-~'/05 Approved for Filing Absent LEGAL NOTICE PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, DECEMBER 16, 2004 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southoid, the following public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box t179, Southold, New York 11971-0959, on Thursday, December 16, 2004. at the time nots~ below (or as soon thereafter aa possible): 9:50 AM NANCY LOUISE CARROLL #5627. Request for a Variance under Section 100.244, baaed on the Building Department's July 22, 2004 Notice of Disapproval conceming proposed additions with alterations which will be less than the code-required 35 feet from the front yard line, less than 15 feet on a single side yard, and exceeding 20 percent lot coverage, at 350 West Lake Drive, Southold; CTM 90-1-21. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than ~laalgnatsd above. Files are svailable for review during regular business hours. If you have questions, please do not hesitate to call (63t) 765-1809. Dated: November 22, 2004. Ruth D. Olive, Chairwoman Board of Appeals II N S DATA TO: Nancy Louise Carroll West Lake Drive Southold, NY 11971 Please take notice that your application dated July 20, 2004 NOTICE OF DISAPPROVAL DATE: July 22, 2004 For permit to construct additions and alterations to an existing single family dwelling at Location of property: 350 West Lake Drive, Southold, NY County Tax Map No. 1000 - Section 9_._Q0 Block_l Lot 2__[l ts returned herewith a.nd disapproved on the roi owing grounds: _The proposed cor/stmgtion on flfis existing single-family dwelling, located on a non-conforming JJ~'~'5 square foot parcel in the R-40 zone, is not permitted pursuant to Article XXIV, 80ction 100- 244, which states that parcels, measuring less than 20,000 square feet in total size, require a minimum front yard setback of 35 feet and a maximum lot coverage of 20 percent· Therefore, the proposed addition, creatin_n.g~_fr0nt yard setback o f 24.74 feet and a total lot coverage o f 22.6 percent, is not permitted. Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, ZB.A. APPLICATION~O THE SOUTHOLD TOWN I~OARD OF APPEALS ParcelLocation: House No. 350__ Street Went Lake Drive Hamle! Southold SCTM 1000 Section 90 BIockl Lot~s) 21 Lot Size 14,985 Z~ne District r-40 1 (R, VE) APPEAL TItE V~RITTEN DETE~h¥11NATION OF THE BUILDING INSPECTOR DATED: 7-22-04 Applicant/Owner(s): Nancy Louise Carroll Marling c/o Patricia C. Moore Esq. Address: Telephone: 212-526-7792 Authorized Representative: Patr~_cia C. Moore Esq. Address: 51020 Main Road, Southnld NY L1971 Telephone: 765-4330 ~ K'. 765-4643 Please specify who you wish correspondence tO be mailed to, from the above listed names: I~ Applicant/Owner(s) II Authorized Representative C3 Other: ~,VI-1ER.EB¥ THE BUILDING INSPECTOR DENIED AN APPLICATION DATED July 20, 2004 FOR: ~ Buiiding Permit [] Certificate of Occtlpancy [] Pre-Certificate of Occupancy I3 Change of Use [] Permit for As-Built Construction Other: Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article xxIV Section 100-244 Subsection Type of Appeal. An Appeal is made for: HA Variance to the Zoning Code or Zoning Map. front yard setback and lot coverage [3 A Variance due to lack of access required by New York Town Law-Section 280-A. [] Interpretation of the Town Code, Article Section [3 Reversal or Other A prior appea~ C3 has not been made with respect to this property UNDER Appeal No. Year~_, Reason for Appeal Zoning Board of Appeals re: Nancy Carroll Continued Pursuant to Town Law section 267b-3 the Southold Town Zoning Board of Appeals is to analyze and assess the personal benefits anticipated by the applicant against the potentially deleterious effects that a grant of the relief requested would have on the health, safety and welfare of the effected neighborhood or community. In performing this balancing test, the Zoning Board is charged with the responsibility to consider the five factors enumerated in Town Law Section 267b-3(b) . The variance should be granted for the following reasons: 1. No undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties, if the variance is granted. The variance is required to add a covered porch on the front of the renovated house. The surveyor has measured the front yard of the adjacent property (east), it is only 22.5 feet from the road. The proposed setback is 24.74 to West Lake Drive. A dead end street contains only 7 homes. The lot coverage will be slightly exceeded, per the filed map the proposed lot coverage is 22.6% (to the bulkhead/tie line 26.8%) ~n order to construct the covered porch. The lot is only 10O feet in width and 127 to the bulkhead. The proposed covered porch will provide an architectural break for the front of the house and a small covered seating area for rocking chairs. The architect has designed the covered porch to provide better circulation for the house, the dining room and master bedroom will have french doors which open onto the covered porch. The house is designed to en~oy the waterfront location and open summer home feel. 2. The benefit sought by the applicant can not be achieved by some method, feasible for the applicant to pursue, other than an area variance. The front porch provides access with the french doors off o~ the front rooms. Elimination of the front porch will require elimination o~ the french doors (otherwise the grade of the property would have to be changed to meet the french doors with the grade). 3. The area variance is not substantial The application of the balancing test weighs in favor of the grant of the variance. The waterfront homes along West Lake Drive are being renovate and substantially improved, the homes are designed to benefit from the waterfront views. The owner has planned significant improvements to the property, the proposed covered porch will not result in a substantial increase to lot coverage. 4. The variance will have no adverse effect or impact on the physical or environmental conditions in the neighborhood or district. The front porch is on the landward side of the house and no modifications will be required. 5. The alleged difficulty was not self-created. This is an undersized waterfront lot which creates the difficulty. The owner wishes to design a house which is in keeping with the waterfront style. 6. The variance requested is the minimum variance practicable given the personal benefits anticipated by the applicant. We respectfully together with any necessary and reasonable. request that the appeal be granted, further relief that is deemed signature State of New York County of Suffolk Sworn to Gerard P. Goebxinger, Chairman Lydia A, To,ora George Homing Ruth D. 01ira V'mcem Orlando Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 Z, BA Fax (631) 765406~ Telephone (631) 765-1809 http://southoldtown.nordffork.net BOARD OF APPEA~ TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF SEPTEMBER 5, 2002 AppL NO. 5143- ~. Pmped:yLocation: 1165Cndla'PointDdveV~st CedarBeach Lot135. Sonthold;ParcolgO,-1-3. BEQRA DET~ERMIRATION: The Zoning Board of Appeals~ has visited the ~xl)pefly under consldera0on .in this ap~icafion a~:l determines that this review falls under the Type II categ0nj of the State's List of Actions, Without an adverse effect on the envin~nment if the project is imp~eme~nted as t31enned. :P.RI~PEE3~ EA~T,~ESCRtpq~(YN: The applicant's property is improved ~tb a single-stopj, one- family ~mllidg.~ocated on: ~ s~:~nthndy side of Cedar Point. D~,e ~'av~t,. a private mad which e;~cis,~4f et-LJ~e Pecofllc'Bey Lane, Southold. The total lot size of this properly is 11,610 sq. ft. withgg:lt, at0eg Cedar Point Dr;ye West and 91 feet along the high water line of West Lake, ELa~IB. OE APPLJCA;TI. ,0,[~4: Bi,lldifig Depertmem's April 3, 2002 (2001, ,e~) ~ of Disapp~val to lo.cate a~e~v cN~e ling .eP~.~r~ac~on at less than 75 feet from !he bulkhead_ The req~'t with regard to e~co~L~e ~a.~.~ from,the Building Depmtmeat s Amended Notice of Disapproval dated July 2~ -~02 When s[~pll~aat ~m~nd a revised survey of duly 23',2002. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on August 22, 2002, at w'nich §me wr~ a~t{$ ~ral evld?no~, wes presented. Based upon alttastlmony, doc~mentatli~n, personal nspe~iol~ of the properlyl and the area. and other evidence the Zoning Board finds the following facts to be tme ~ relevant. AREA VAInLy..G~_ RELIEF ~R~QUESTF~D: A Variance is requested undm' Seodons 100-239.4B for a fie~:~llldb~.i~d to!replace the existing dwelling, with deck areas, all as shown on the sul~ey.~dm,a~ 'j~ ~3, .,~. ~pmpered by Pecenic Surveyors, P.C, Applicants are requesting a ~ J~f 1'0-f~,fi~m ~6 dt~ck to the bulkhead at its closest pdiat. AD.DI'['I~.?AL I~..RM~,TI,_C~.: At the public hearing held on August 22, 2002, the applicants ag~,~, mq~i;t[~, tfoulse four feet close~ to the mad. providing for a greater setback for the new bodes t0:the ~)ull~head. · RE~SQlaS ~:.BQAR~ ACTION. DESCRIBED BELOW: Based on the testimony and recom b~l~e llt~n~l inspect on, the Board makes the thliowing flndJngs: 1. G~ra~tof~he..a~. ~rf~a~c~wi produce an undestrabte change n character of neighburhend or a t he ~od~ll~u,~sas,:w~th no undesirable change in the nelghboff~co(:l. 2. Th~:~ b~e appl cant cannot be ach eved Dy some method rassibie for app~ cant to I~.r~, ~1~.~ afl r~ea ~vananca due to the rest~lctad bul~ng envelope and wetland rest/~c~s. T~is:l~ fife {~11~110catice for the proposed house The proposed house and deck will Page 2- September 5, 2002 AppL Ne. 5143 - D. DeFeis g~-1-3 at Southold closest point. (This location is also noted to be approximate[y 35 feet from ~ mean h~gh ~r mad~ on the southeast comer and 25 feet on the southwest comer of the propeffy.) 3. The requested area variance is substantial, however this is a reconstruction of an e.~dsting house and applicant has agreed to move the house four feet landward, thereby increseing the rear yard setback and decreasing the front setback. The code requirement is 75 feet setback from the bulkhead. 4. There is no emdenca that the grant of the vadanse wil[ have an adverse effect or impact on the physical or environmental conditions in the nelghborhoad or dis~dct The Boant (~f Town Tmsteas has reviewed this proposal and issued approvals with coeditioas on July 19, 2000 under fi5188 and amendment dated October 30, 2000. BOARD RESOLUTION: tn considering all of the above factors and applying the balancing test under New York Town Law 267.B, motion was offered by Member Orlando, seconded by Member Oliva, and duly carried to GRANT, the variance as applied for (shown on the July 23, 2002), and SUBJECT 'TO THE FOLLOWING CONDITIONS: 1. The setback fn3m the bulkhead (rear) shall be increased by four feet (as agreed by applicant), bringing the building closer to the front lot lioe; 2. The setbacks shatl be 19 feet on the west comer and 20 feet on the east con, er. This action does not a~horize or condone any current or ~'uture use, setback or other feature of the sobjent property that may violate the Z~n!ng Code. other than such uses, setbacks and other features as are expmsely addressed in this action. Vote of the Board; Ayes: Members Goshringer (Chairman), Oliva, a~3J;L~ando~ (Member Homirtg of Flshers Island wes absent.) (Member T0~re abstainad public hearing.) This Resolution was duty ,opted (~ oes ~.ed~ion)/ ~..//~.~ /A/l:~Ved for Filing- Gerard P. G%ehringer~ APPEA~,S BOARD MEMBERS BOARD OF APPEALS TOWN OF SOLTTHOLD FINDINGS DELiBERATiONS AND DETERMINATION. MEETING OF DECEMBER 18, 2003 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, Ncw York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-t809 http://see~thfo~k, net Appl_ No. 5438 - DOUGLAS and LYDIA DEFEIS. · Property Location: 1165 Cedar Point Drive West, Cedar Beach Lot '13§, Southold; Pame190-I-3. $~:QRA, DETERMINATION: The Zoning Board of Appeals has visited the property under cons dora! On n th s application and determines that this review felts under the Type ti category of the stereO'.List,of ,~tibns, Wthou~. an adverse effect on the environment if the project, is implement"al'as plan:ned. :' I~ROPIE~ FAcT,s.~SCRIPT[ON: The applicant's property is improved with a single-story, one- far, fly dwellit~g: located on the southerly side of Cedar Point Drive West, a private road which · ~xt~ds off O~ Littl6. Pecohi~ Bay Lane, Southold. The total size of this 0roperty is 1 'J ,610 sq. ft. with 90 ff. along Cedar Point Drive West and 91 feet along the high water line of West Lake. BASIS'DF APPLICATION: Building Department's August 25, 2003 Not, ce of Disapproval, amended September' 3, 2003, concerning a proposed front porch entry exceeding 30 sq. ft. in size, at less 'than 35'fe6{ from the front prope~ line required under Code Section 100-244. FINDINGS OF FACT The Zoning' Board of Appeals heid a public heating on this application on November 20, 2003, at Which time written ~n~l oral evidence was ;)resented. Based upon all testimony, documentation, personal inspection 'of the' property and the area, and other evidence, the Zoning Board finds the following facts to 13e true ~,nd relevant. AREA VAP, IANCE RELIEF REQUESTED: A variance is requested for a front yard setback of not ess than 18 fee[ for placement of a roofed 16.5' wide x 5' portico plus open steps atthe front of the applicant's new dwelling, as shown on the architectural pJan dated 8/1/03 prepared by Gary D. (~,annella Associates, and JuJy 26, 1999 survey, revised September 17, 2003 by John T. Metzger, ADDITIONAL INFORMATION: At the public hearing held on November 20, 2003, the applicants agreed to change the. grade and offered to remove two steps, bringing the setback to the front lot line to 20+- feet. instead of 18 feet. I~EASONS FOR BOARD ACTION, DESCRIBED BELOW: Based on the testimony and record before the Board and personal inspection the Board makes the following findings: 1. Grant of the area va?lance wil not produce an undesirable change in character of neighborhood or a detriment to nearoy properties During 2002 the applicants requested an in kind, in place reconstruction of th'e existing home. At that time the Board required that the new reconstruction be moved 4 ff. clOSer to the front lot Jine racing the road. That process required a nonconforming front setback at 3'i+- feet'to the dwelithg. The current application is a request for a 5' deep x 16.5 ff. wide portico, at a distance of 25 feet from the front lot tine, and 10.5 ff. wide step area extending 5+- feet in front of the porch. During the November 20, 2003 public hearing, the applicant offered to raise r Page 2- December 18, Appl. No. 5438 - D. and L. DeFeis 90-1-3 at Southold the final grade and remove two steps, resulting in a setback of 20+- feet from the closest step to the front lot line. 2. The benefit sought by the applicants cannot be achieved by some method, feasible for applicant to pursue, other than an ares variance, The existing dwelling was required in the Board's previous determination under/~43p]. No. 5143 to move the building 4 ft. closer to the road, resulting in the oresent nonconforming front yard setback of 31+- feet. 3. There is no evidence that the grant of the variance will have an aclverse effect or impact on the p~3ysical or enwronment~ conditions in the neighborhood or district. Jt is also noted that the Board of Town Tru~ees has issued permits w~th conditions relative to new construction at ~is property. .BOARD RESOLUTION: In considering all of the above factors end applying the balancing test under New York ToWn Law 267-B, motion was offered by Member Goehringer, seconded by Member Olive, and duly carried to GRANT. the variance as app led for, and SUBJECT TO THE FOLLOWING CONDITIONS: 1. Two steps wil be remove(J to increase the setback from 18+- feet to 20+- feet, from the front property tine (after the finished grade, as offered by applicant). 2. The roofed ~omco, with open step area as proposed at the front of the house, is limited to the size requested and open design shown on the 8/1/03 architectural plan prepared by Ga~J D. Cannella Associates (without enlargement). This act~r~ does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Cede, other than such uses, se[becks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Olive (Chairwoman), Goehdnger, Tortora, Homing, and Orlando. This Resolution was duly adopted (5-0). Ruth D. OIN'a, Chairwoman 12-26-03 Approved for Filing 140RM NO. 3 NOTICE OF DISAPPROVAl, DATE: August 25, 2003 AM]~NDED: September 2, 2003 A1VIENDED: September 3, 2003 TO: Douglas DeFeis 2228 .WE 26th Street Lighthouse Point, FL 33064-8349 Please take notice that ym~r application dated April 3, 2002 For permit to add a front pord~ entry to an exisfin$ under construction dw~llJ, ng at Location of property: 1165 Cedar Penni Drive We. t, Southold, krY County Tax Map No. 1000 - Section 90 Block ! ,l,ot ~3 ls returned herewifl~ and disapproved on tl-~ following grounds: The proposed congtruction on tl~s 7,09j2 s_quam foot non-confom~iag parcel in the R-40 District, is r~ot p_e_rmitted pursmmt to Article XXIV, Section 100-244B, which states that parcels, measuring less tha~ 20,000 sCmm-e feet m total size, require a minimum front yard setback of 35 feet. Follow/ua the proposed addition, thc dwelling v, ill have a setback of 20 feet. ToIal lot coverage will be +L 19 ,oercent. This permit was amended on September 2~ 2003~ to correct lot coverage calculations. This 10ermit was mnended on September 3, 2003~ to correct errors. Note to AppIicant: Ajay change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A. 5 6 7 8 12 13 ~4 ~5 ~6 2_ 91 you need a variance for the fre~t yard. MR. DEFIES: Yes, I think it's the ~u~ng, the ZBA's approval was £o~ us to move th~ hu~se ~our feet closc~ to the a~d away f~om the bu] khaad, and consequently we were rcguested to have ~r. Joe Fischctti ~ade$ign the septic ~ystem, wh~c~ we had done to conform to everything. ~d we d~dn't realize that we would be in a situation wc were bei~g asked to create tho nonconformity ~o comply. So we're hcrc fcon~ of you to =ccoi%-~i~odate an entry that was designed. ~©A~D MEMBER GOEHRINGEB: Thi~ MR. DE-ElS: The entry was covered, ~hc boe~ scrape area a little to the le~t, w~ich is a trellis £~ature. The final qrad~ng ~f the property hasn'L bean don~ yet. t know you guys probably went out there. Prob=bly could grad~ the area so we could do away with 5we uf _he risers $o that would aonsequently have less of an impact of those will be uhange~ whom we have thc abiliuy to finally grade the site ~nd do away with at another 16 cr 20 inches closer to the C~A!RWOM~ OLIVA: Yo~ didn't need any new building department okays for that deck, your doub_e dec~ actually? had gotten appzoval. CHAIKWOMAK OLiYA: G~ve them all forth? MR. DE~'KIS: We ~etualty had with, and it was there ~,re-w~tla~ldu 1968 has bccn in th~ faro4 l y 38 years or so. what happons is t]i~ fact t~at the way this 24 house was bu£1t, we have a 5eh inch, in osher words, the ceiling cf the firs% floor is n~ the floor of 5he second floor. It's actually another ten inches, so you ended up a li~e November 20, 20 )3 6 7 12 13 15 16 ~2 92 sit higher, but still v, lkhin tbe !~m4ta of he~qht structure rcquize.~enLs of the tewr,. CHAIRWOMKN OLTVA: Of course you haven'~ qraded ih a~d landscaped it, whish makes a big difference. [~. Goehringer. ~D ~MBER GOEi~RINGE~: In writing this decision, if Z ~fer to thia as a L~ellis ann cove~ed pooch o~ entry po:'ch of 5 by 16 and-a-hal~, T would be correct; is that correct? MR. DEFEIS: Well, it would be b deep, the enC~y feature ~tself would be BORR5 HE~}ER GO~HRINCER: SO 16 and-a half. [~. DEFLIS: That's correct. MS. KOWADSKI: T~at's the step B©AP5 MEMBER GO~HRINCER: B~use thc step =zea is exempt· MS. KOWALSKi: Only ~f it's exempt of -- only if it's 70 ~cua~e ~eet. BOARD MEMBER GOEHAINU~R: So 18 then iro~ rte property line. ~S. WOWALSKi: Plus 20 inches less you said? MR. O~FE!S: R4ght. So it would probably be closer Lo 20 feat, sn~ we're probably going to land,=ape like C~La_IRWOMAN eT,TVA: Mrs. Taffeta. BOARD M&MBER ?©RT©R~: I don't CBAIRWO[~i~N OLiYA: ± don't tb~nt I have ~ny questions. Is ~hczc anybody in the against this auplicatinn? Hearing none, I would like to close ~his hearlng and reserve qO~D [{EMBER GOEHRINGER: Second. CIIATRWOMAN O~IVA: Ail in responded in favor.} 24 25 and t~ is fo~ ~ fzont y~zd ~etbaek ~t less Ncvei~be£ 2~, SURVEY OF PROPERTY A T gA YVlEW TOWN OF SOUTHOLD ~" ~0 - 01- 03 SCALE: I" = 20' JULY2~. m GRADING PLaN T£5 T HOL £ 99 - 278 SURVEY OF PROPERTY ~4 T ~A YV/EW COUNTY, N ~ ~- ~0- 01- O~ TOWN OF SOUTHOLD PROPERTY RECORD CABD OWNER STREET VILLAGE SUB, LOT FOPJ~ER SEAS. VL. E ACR~ W COMM. CB, MI$C Mkt. Value LAND IMP. TOTAL DATE REMARKS NEW NOR/V~L FAPJ~ Acre Tillable 1 tillable 2 I'illable 3 BELOW ABOVE Value Per Value Acre A/oodland ~clmpland ~r~hland -louse Plot FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH '.otal DOCK M, Bldg. Extension Extension Porch Breezeway Garage Patio Totol COLOR TRIM Vails Fire Place Driveway Bath :loots nterior Finish s 2nd Floor BOARD OF APPEALS TOWN OF $OUTHOLD ACTION OF THE BOARD OF APPEALS Upon Application of JANET MALONEY for a Vari~ toe to the Zoning Ordinance, Article XXIII, Section 100-239.41~ for approval of deck within 75 feet of bulkhead along Hog Neck i~ay. Lot is nonconforming as to lot area in this R-40 Zone Dis :riot; County Tax Map Parcel No. 1000-90-1-25. WHEREAS, a public hearing was held on Novembe~ 29, 1990, in the Matter of the Application of JANET MALONEY under Appeal No. 3983; and WHEREAS, at said hearing all those who desire( to be heard were heard and their testimony recorded; WHEREAS, the Board has carefully considered all testimony and documentation submitted concerninq this application; WHEREAS, the Board Members have personally vii wed and are familiar with the premises in question, its presenl zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: I. This is an auplication for a Variance under Article XXIII, Section 100-239.4B for approval of a 31'6" bt 14'8" wide deck addition, with 4' by 5' stairway, extending al)ng the 'southerly side of the existing dwelling as shown on the sketch survey submitted under this application. 2. The premises in question is identified on the Suffolk County Tax Maps as District 1000, Section 90, Block 1, Lot 25 and contains a total lot area of approximately 14,800 si'. ft. 3. The deck addition will not protrude forwar*, of the dwelling at either the front yard or rear yard, and is proposed to be not closer than 33 feet to the bulkhead {excll~ing the 4 ft. wide by 5 ft. deep step area, which would be no~: less than 29 feet). The dwelling as exists is set back 47 feet :rom the bulkhead. ! 4. Article XXIII, Section 100-239.4B of the Z~ning Code (as a/nended) requires all buildings and structures located on lots SCO1T L. HARRIS Supexvisor Town Hall, 53095 Main Road P.O. Box II79 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Page 2 - Appl. No. 3983 Matter of JANET MkLONEY Decision Rendered December 13, 1990 upon which a bulkhead, concrete wall, rip-rap or similar structure exists and which is adjacent to tidal water bodies other than the Long Island Sound to be set back not less than seventy-five (75) feet from the bulkhead. 5. It is the position of this Board that in considering this application: (a) the relief requested is the minimu~ necessary to afford relief; (b) the relief if granted as requested will not alter the essential character of the neighborhood; (c) the difficulties are uniquely related to the property and are not personal in nature; (d) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town~ or be adverse to neighboring properties; {e} in view of all the above, the interests of justice will be served by granting the relief requested, as conditionally noted below ~ Accordingly, on motion by Mr. Doyen, seconded by Mr. Grigonis, it was P~ESOL%rED, to GP3%NT the relief requested under Appeal No. 3983 in the Matter of JANET MALONEY for the placement of a 14'8" by 31'6" deck addition along the southerly side of the existing dwelling, as applied, and SUBJECT TO T~E FOLLOWING CORDITIONS: t. That there be no lighting which would be adverse to neighboring areas (lighting must be s~elded to the property); 2. That the deck remain open (not to be enclosed) and not be roofed. Vote of the Board: Ayes: Messrs. Goehringer, ~rigonis, Doyen and Dinizio, consisting of the entire four-member board at this time ~ This resolution was duly adopted. GEP. ARD P. C~DEK~P-.INGE TOWN OF SOUTHOLD, ~W YOBK ACTION OF THE SONI~G BeAIrD OF APPEALS ApPeal No. 2887 by application Dated September 15, 1981 ACTION OF TITE ZONING BOARD OF APPEAI~ OF THE TOWN OF SOUTHOLD To Mr. William J. Jacobs as agent for Mr. and Mrs. DeMaio Box 199B, Depot Lane Cutchogue, NY 11935 DATE .11./24./.81 October 15, 1981 100-31 L S~~tal~i~:l~t/~a~~7/h~:FaX~:g~ti°n ( ) be ~ted ( ) be de~ pursuant ~ ,~-ticle .................... Section .................... ~baection .................... p~a~aph .................... ~ the ~ning Ordin~ ~d the d~i~on of Se B~lding I~pector ( ) be revers~ ( ) bo ~F~x~Q~Q~x Public Hearing 10/15/81: Application of Dominick and Rose DeMaio, by William J. Jacobs as agent, c/o Box 199B, Depot Lane, Cutchogue, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for permission to construct new dwelling with insufficient front and rear yard areas at Cedar Point Drive West, Southold, NY; bounded north by Cedar Point West; west by Giordano; south by West Lake; east by Soverel; County Tax Map Parcel No. 1000-90-1-4. (SEE P~EVERSE SIDE) 2. VARIANCE. By resoint/on of the Board it was determined that ia) Strict application of the Ordinance (would) (would not) produce practical difficulties or unnecessary (SEE REVERSE SIDE) (b) The hardship created (L~) (is not) unique and (would) (would not) be shared by all properties (SEE REVERSE SIDE) (SEE REVERSE SIDE) (would not) and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decision* of the Building Inspector ( ) be coniirmed ( ) be reversed. CG: lk ZONING BOARD OF APPEALS FORM ZB4 By this appeal, appellant seeks permission to construct a new one-family dwelling upon premises located at the south side of Cedar Point Drive West, Southold, with a frontyard setback of approximately 30+ and with an insufficient rearyard setback at the dwellings nearest point to ordinary high water mark of 23 feet. The premises in question has frontage along Cedar Point Drive West of 90 feet and an average depth of approxi- mately 140 feet. The premises is located in a Zone V-4, minimum elevation above mean sea level of eight feet, pursuant to the Flood Plain Management Law and FIP~4 ~ps of the Town of Southold, for a new dwelling for which appellant intends to comply with. Appellant has submitted with his applicant Amended Approval from the N.Y.$. Department of Environmental Conservation for the proposed new dwelling with restrictions, to wit, home to be 20 feet behind line of mean high water, et cetera. This restriction has caused practical difficulties for appellant in the placement of the proposed dwelling. In considering this appeal, the Board determines that the variance request is not substantial; that the circumstances herein are unique and the practical difficulties have been shown; that by allowing the variance no substantial detriment to adjoining proper- ties would be created; that no adverse effects will be produced on available governmental facilities of any increased population; that the relief requested will be in harmony with and promote the general purposes of the zoning code; and that the interests of justice will be served by allowing the variance. On motion by Mr. Grigonis, seconded by Mr. Sawicki, it was RESOLVED, that a variance to the zoning ordinance be allowed as applied for in Appeal No. 2887, application of Dominick and Rose DeMaio, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That this matter be referred to the Suffolk County Planning Commission pursuant to the rules and regulations of the Suffolk County Charter, and 2. That this matter be referred to the Southold Town Planning Board for consideration on the approval of the access road which appears to be within .the boundaries of the filed subdivision of "Cedar Beach Park." Location of Property: Cedar Point Drive West, Southold, NY; bounded north by Cedar Point West; west by Giordano; south by West Lake; east by Soverel; County Tax Map Parcel Item No. 1000-90-1-4. Vote of the Board: Ayes: Messrs. Doyen, Douglass, Goehringer, Sawicki and Grigonis. This resolution was unanimously adopted. APPROVED C~airma~ ~rd ~ 2EC~IVED AND FILED BY DATE/~//~/ I~.OUR/~.'~. ~ Tow~ Clerk, Town of ~thold Southoid Town Board of Appeals APPEALS BOARD MEMBERS CHARLES GRIGONIS, .tR., CHAIRMAN SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGER ~=~-~o~ H. Sawicki N. Y. S. NOTICE OF DECLA ATION ENVIRONMENTAL QUALITY REVIEW ACT Appeal No. 2887 Application of: Dominick DeMaio (for Peter Rosicki) Location of Property in Question: S/s Cedar Point Drive West, Southold. County Tax Map Item No. 1000- 90-1-4. Project Proposed by Appeal Application: New dwelling with insufficient front and rear yard setbacks. ENVIRONMENTAL DECLARATION: Pursuant to Section 617.13 of the N.Y.S. Department of Environmental Conservation Act, Article 8 of the Environmental Conservation Law, and Section 44-4 of the Southold Town Code, notice is hereby given that the Southold Town Board of Appeals has determined that the subject project as proposed herein is hereby classified as a Type II Action not having a significant adverse effect upon the environment for the following reason(s): An Environmental Assessment in the Short Form has been submitted which indicates that no significant adverse effects were likely to occur should this project be i~plemented as planned. A N.Y.S. Department of Environmental Conservation Tidal Wetlands Permit #TW 15276-0264 has been issued for the construc- tion of a new dwelling to be 20' behind line of mean highwater. This declaration should not be considered a determination made for any other agency which may also be involved nor for any other project not covered by the s~bject appeal application. Dated: October 2, 1981. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS I~'~ YO~K S~D%TE D~ARE~ C~ EarlR~.~J~L C~S~/~VATI(~'] l~gulatory Affairs Bldg. 40, SU~ - Room 219 Stony Brook, ~ York 11794 (516) 751-7900 January 29, 1981 John W. Wolf Kagan T. Wolf P. O. Box 113 325 Nesc0nset Highway Hauppauge, N. Y. 11787 Pc: TW15276-0264 .Rosicki-Permit to construct house, no fill, grading, or excavating Sir: included. Your z~cent ~u~t to mxt~nd ~hs abo~ permit 5ms been reviewed pursuant to 6 I'AI~I~R Part 661. It has been d~termined that the _oe_w~_~ent nature of man :~e oonditi~ns ~ahich exist at and adjacent to sit~ at the time that such perm. it w-~s iss;~t have not substantially dlanged and the site is s~ 11 suitable for pez~itt~d activities. ~_refore, the e~oiration date is extandsd to 3/31/82 This letter is 'an m~z~nt to the origina~ permit, and as Suc~h, shotzld be attached thereto. All of the cc~dition~ still ~ as origfnally written in 'the peri, it. c. c. 1-File *** Amendment may be made if application is submitted for minor changes. If substantial changes are requested a new application would be required. PERMIT 'S'iG N No..~ '~/ 15276-0264 has been issued to:, Peter Rosicki address: 70Miller Road, ~icksville, New York 11801 O for: co..~..~o, of ~ one-family dwelling on parcel south side Cedar Point Drive West, north of West Lake, known as lot 136t Map of Cedar Beach Parkt Southold, Suffolk County. Home is to be 20' behind line of mean high water. under the Environmental Conservation Law, New York State Department of Article 15, [Protection of Water] Article 24, [Freshwater Wetlands) Article 25, [Tidal Wetlands] Article 36, [Construction in Flood Hazard Areas] Permit Administrator Environmental Conservation 9/7/78 Date Issued 9s.20., (9/?s) 1 ?[~,/.79 Formerly' EA-93 Expiration Date NEW YORK STATE DEPARTMENT DP ENVIRONMENTAL CONSERVATION O O PERMIT UNDER THE ENVIRONMENTAL CONSERVATION LAW ~ ARTICLE 15. (Protection ot Water) ARTICLE 24. (Freshwater Wetlands) 3.5276-0264 A ARTICL~ 25, (Tida. I Wetlqnds) ARTICL~ 36. (ConstrUCtion irrFIood Hazard A~'eas). PEPJ~IT ISSUED TO ADDRESS OF PEP, MIt LOCAtiON OF PROiECT (5~cliAn of stream, tidal wetland, dam, building) Rn~,s-hnld ~--~'eB t' Xs to be 20~ b~h~nd l~n~ of ~- h~h wa~er. Sou~bo~d GENERAL 1. The permillee shall tile in Ihe office ut the appropriate Regional ern~l Adminislralor, a notice of inlemion Io commence work at least 48 ours in advance ot Ihe time o! commencemenl and shall also notify him rom~ly in writing ol Ihe complelion nj the work. 2. The permilred work shall be subject to inspection by an authorized .presentalive of lhe Deparlmenl of Environmenlat ConsetvaUon who may rdel the work suspended it the public imeresl so requires. 3. As a condition of the issuance ol this pe~mih the apo[icam has epled expressly, by Ihe execuliOn of the application, the full legal respon~ ~bilily for aU damages, direct o~ indirecl, of whatever nalure, and by whom- vet suffeled, arising uul of Ihe projecl described herein and has agreed to ~demnify and save harmless the State from suils, aclions, damages and osts nj every name and description resulling from the said projecI. 4. Any material dredged in the prosecution o! the work herein permitted hall be [emoved evenly, wilhoul leaving large Infuse piles, ridges across lhe , ed o! Ihe waterway or flood plain or deep holes that may have a lendency Io ause injury Io navigable channels or to Ihe banks ol the walerway. 5. Any malerial lo be deposited or duml~-~l under this permil, eilber in ~e waterway or on shine above high-water mark, ~l~all be depesiled or dumped ~ the locality shown on Ihe drawing hereto allached, and, it so p~escribed ~ereon, within m behind a good '~'nd subslamial bulkhead or bulkheads, such · ~ereb¥ wilhoul expense lo the Slain; ~nd if, upon the expiralion or revocalion f this permil, Ihe structure, fill, excavation, or other modification of the ondition the navigable and flond capacily of the watercourse. NO claim shall e made againsl the Slate ot New York on accounl el any such removal or ,5.20~1 (9/75) - - 8. That the Slate of New York shall in no case be liable for any dan~aRe ol~ injury to the structure or work herein aulhorized which may he caused by or Jesuit from future operations undertaken by the State for ~he conservation or improvement of nav!gation, or fo~ other purposes, and no claim-or risht to compensation shall accrue from any such damaRe. . 9. That if the display of l ishts and signals on any work hereby authorized is hal olherwise provided Ior by law, such lights and signal.s as may be pre- scribed by Ihe United States Coast Guard shall be installed and maintained by and at the expense of the owber. 10. AIl work carried out uqder this permit shall be performed in accor- dance with established engineering ~actice and in a workmanlike manner. 11. If granted under ^tittles 24 or 25, the DePartment reserves the right In reconsider this approval al any time and after due notice and hearing to. continue, rescind or modify this permil in such a manner as may he found to be just and equitable. If upon the expiration Or revocation of this pemlit, the mnditication of the wetland hereby authorized has not been completed, the applicant shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may ~equire, remove all or any portion of the uncompleted structure or fill and reslore the s~te lo its former condilion. No claim shall be made against the State of New York on accounl of any such removal or alleraUon. 12. This permit shall not be construed as conveyinS to the applicanl any righl to trespass upon the lands O~ interfere with ~he riparian rIRhtS of others to pedorm the permitted work or as aulhorizing lhe impairment of any rishts~ title or interest in real or personal property held or vested in a person not a Ixovals, lands, easements and rights-of-way which may be [equifed for this project, 14. If sranted under Article 36, this permit is 8ranted solely on the basis of the requirements of Article 36 of the Environmental Conservation Law and Part 500 of 6 NYCRR (ConstruclJon in Flood Plain Areas having Special Flood Hazards - Building Permits) and in no way signifies that the project will be free from floeding. is conlingenl upon strict compliance with the spocial conditions on the (SEE REVEESE SINE) . :; ........ 16. Home is to be a m{nimum of 20' behind line of mean high water. 17. Cesspools must be placed at least 100' from lin~ of mean high water in northeast corner of lot. 18. 19. There is to be no alteration to shoreline without prior approval. Applicant shall be liable for any d-m.~e to adjacent waterway 'resulting from i _ any phase of the permitted construction. PER3RIT ISSUE DATE 9/7/78 fi' '"' "~ld~. ~,0, straY, Stony Brool~, ~ 11794 r 'PERMIT NO. ~" NEW~O STATE DEPARTMENT OF ENVIRONMENTAL CONsEOIoN 15276-O26.4flAI! PERMIT ARTICLE 24, (Freshwater Wetlands) o ARTICLE 36, (Construction in Flood Haza~,d Areas) PETER ROSICKI BY DOMINICK De MAIO ADDRESS OF PERMITrEE 205 Auburn St., E~st Williston, N. Y. 11596 LOCATION OF PROJECT (Section of stream, tidal wetland, dam, building) North of West Lake off Hog Neck Bay, south side Cedar Point Drive DESCRIPTION OF PROJECT Construct sanitary system a minimum of 60' landward of mean high water on Lot 136, Map of Cedar Beach COMMUNITY NAME (City, Town, Village) Southold COUNTYSuffolk FIA COMMUNITY GENERAL 1. The permittee shall file in the office of the appropriate Regional Permit Administrator, a notice of intention to commence work at least 48 hours in advance of the time of commencement and shall also notify him 2. The permitted work shall be subject to inspeclion by an authorized represenlative of the Department of Environmental Conservation who may order the work suspended if the public interest so requires. 3. As a condition of the issuance of this permit, the applicant has ac- cepted expressly, by the execution of the a~)plication, the full legal respon- sibility for all damages, direct or indirect, of whatever nature, and by whom- ever suffered, arising out of the project described herein and has agreed to indemnify and save harmless the State from suits, actions, damages and costs of every name and description resulting from the said project. 4. Any material dredged in the prosecution of the work herein permitted shall be removed evenly, wilhout leaving large refuse piles, ridges across the bed of the watenvay or flood plain or deep holes that may have a tendency to cause injury to navigable channels or to the banks of the waterway. S. Any material to be deposited or dumped under this permit, either in the waterway or on shore above hish'~ater mark, shall be deposited or dumped at the locality shown on the drawi6$ hereto attached, and, it so prescribed thereon, within or behind a gooci and substantial bulkhead or bulkheads, such as will prevent escape of the material into the waterway. 6. There shall be no unreasonable interference with navigalion by the work herein authorized. 7'. That if future operations by the State of New York require an alteration ir~ the position of the structure or work herein authorized, or if~ in the opinion of the Department of Environmental Conservation it shall cause· unreasonabl~ obstruction to the free navigation of said waters or flood flows .or endange~ the health, safety or welfare of the people of the 5tote, or loss or destruction of the natural resources of 1he 5tare, the owner may be ordered by the Depart- ment 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 Ibis permit, the structure, fill, excavation, or other modification of the watercourse hereby authorized shalt not be completed, the owners shall, without expense to the State, and to such exlent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion bt the uncomp~etnd structure or fill and restore to its former condition the navigab[e and flood capacity of the watercourse. No claim shah be made against the State of New York on account of any such removal or alteration. TOWN Southold ~O ; DAM NO. PE,P~i~T/E~P(~P~N__~ ~ DATE CONDITIONS 8. That the State of New York shall in no case be liitble for any damage or injury to the structure or work herein authorized which may be £aused 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. g. That if the display of lights and signals on any work hereby authorized is not otherwise provided for by law, such lights and signals as n~y be pre- scribed by the United States Coast Guard shall be instalted and maintained by and at the expense of the owner. 10. All work carried out under this permit shall be performed in accor- dance with established engineering practice and in a workmanlike manner. I1. if granted under Articles 24 or 25, the Department reserves the right to reconsider this approval at any time and after due notice and hearing to continue, rescind or modify this permit in such a manne~ as may be found to be just and equitable. If upon the expiration or revocation of this permit, the modification of the wetland hereby authorized has not been completed, the applicant shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill a~ restore the right to trespass upon the lands or interfere with the riparian rights of others to perform the permitted work o~ as.authorizing the impairment of any rights, party to the permit. ~ - 13. The p~rmrttee is reshonsible fo~ obtaining an~ :bther permits, ap- provals, rands, easements and rights-of-way which may be required for this project. 14. If granted under Article 36, this permit is granted solely on the basis of the requirements of Article 36 of the Environmental Conservation Law and Part 500 of 6 NYCRR (Construction in Fioed Plain Areas having S~ecial Flood Hazards - Building Permits) and in no way signifies that the proiect will be free from flooding. 15. By acceptance of this permit the pormittee agrees that the hermit (SEEREVERSE SIDE) SPECIAL CONDITIONS 16. No fill is to be placed on this property without additional appli- cation and plans submitted to NYS DEC and additional approval issued prior to commencement of such work. Such plans would need to include a stabilization plan. ~ ~ , ~ . Rpplication to ~nend this Permit will be considered, but note Condition F on attached sheet. DJL:cg c.c. LAW ENFORCEMENT U.S.-Army Corps of Engineers File Attachment PERMIT ADMINISTRATO ~ ADDRESS IDtNIEL J. .~0, SUNY, Stony Brook, N.Y. The following conditions apply to all permits: A. If any of the permit conditions are unclear, the permlttee shall cc2tact the Division of Regulatory. Affairs at the address and telephone noted t ~lcw. B. A copy of this permit shall be available at the project site whenev,~r author- ized work is in progress. C. Thm permit sig~ enclosed with this permit shell be protected from the weather ai~O posted in a conspicious location at the ~cork site =,t!l cc.uplction of authorized work. D. At least 48 hours prior to commencement of the project, the permittee shall complete and return the top portion of the enclosed receipt form certifying that he is fully zA*are of and umderstands all provisions and conditions of this Eermtt. Within one'week of completion of the permitted work the bottom portion of that form shall also be completed and returned. E. For projects involving activities to be accomplished o~'er a period of~Ore than one year the per~J.~'gee shall notify the Regional Permit Administrator in ~fiting'at least 4~ hours prior to the commenc.ejnent or resumption of work each year. ~f project design mu~ifications take place after permit issuance, the permittee ~shall submit the applopriata plan changes for approval by the Regional Permit _ Administrator prior to undertaking any such modifications. The permittee is advised that substanti~! modification may require submission of a new applica- tion for permit. G. All necessary precautions shall be taken to preclude contamination of any wet- lands or wate~.~my by suspended solids, sediment, fuels, solvents, lubricants, epoxy coatings, p~ints: concrete, leachate or any otker enviroDmentally dele- terious materials associated with the project ~,~rk. H. Any failure to comply precisely with all of the terms and conditioms of this permit, unless authorized in writing, shall be treated as a violation of the Environmental Conservation Law. I. The permittee is advised to obtain auy permits or approvals that may be required from the U.S. Department of Army Corps of Engineers, New York District, 26 Fed- eral Plaza. hew York, ~]ew York 10007, (Attention: Regulatory Functions Branch), prior to commencing work authorized herein. J. The granting of this permit does not relieve the permittee of the responsibi- lity of obtaining a grant~ easement, or other necessary approval from the Division of Land Utilization, Office of General Services, Tower Building, E~- pire State Plaza, Albany, New York 12242, which may be required for any encroach- ment upon State-owned lands under wa~er. Regional Permit Administrator NYS Department of Environmental Conservation Building 40, SUNY - Room 219 Stony Brook, New York 11794 516-751-7900 PERMIT SIGN No. T~ 15276-0264"A" has been issued to: ~,=~ ~o~= ~ ~0~ De ~AIO address: 205 Auburn st., East I~illiston, N. Y. 11596 for: Construct sanitary system a minimum of 60' landward of mean high water on Lot 136, FJap ox uedar ~eacn, under the Environmental Conservation Law, Article 15, [Protection of Water) Article 24, [Freshwater Wetlands) Article 25, [Tidal Wetlands) Article 36, (Construction in Flood New York State Department of Environmental Conservation Hazard Areas) Permit ~A~-min,str~eY July 21, 1981 Date Issued June 30, 1982 Expiration Date ' .20.1 (9/75) RODERICK~VAN TUY~I,~ P.C. · GREENPORT STATEMENT 01~ INTEl,IT' ": THE WATER SUIq~.Y AND SEWAGE DISPOSAl ,'. SYSTEMS 'FOR THIS ,. CONFORM T? THE STAI~ARD$'OF THE SUFFOLK CO. DE,PT OF HEAL.TH;SERvI(~E iS) ' ~ · .: . . .:. APPLICANT .SUFFOLK. C~UI~ITY' DEP1~,~ OF HEALTH SERV~CES'--'FOR ~ ,P:pROVAL '~ OF CONSTRUCTION ONLY ,;._s RE~ Nb'< ; · JDUCATION LAW. · SEAL TOWN er SOUTSOrO, ~-~ ~o~ i~ ACT~O~ er ~r zo~n~o BOARD OF APP~AkS DAT~ ..~ 1~ ~1~.~ the appeal FORM ZB4 Altar lnv#tlgatlou ~nd ~ufp~ttou ~he ~ f2~ ~d ~ey a~o ~n~ca~d ~t ~e Xand w~d ~ ~ea~d. S~d. ~ a. ~., ~d ~t~r 26, 1926, File ~0. ~, ~lXed ~ ~ Off~ o~ ~e 8uffoR C~n~y Cle~. Sai~ up ~ aXso ~ a ~t of ~e S~i~ ~n Buii~g ~e ~d~, ~ 8p~Lt of ~e or~an~ and ~ n~ ~e ~e ~, ~ ~, a/~ ~ s~af~o ~ ~*, 36 Burr R~d, ~z, ~atl~ o~ ~ Little ~ Bay ~, TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING iNSPECTOR APPEAL NO. TO THE ZONING BOARD OF APPEALS, TOWN PERMIT TO USE ) Map No. Lot No 2 PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- sectio~r__~ahof t~,~_~_o n~ Ordinance,30 byeS/number. Do not quote the Ordinance) 3 TYPE OF APPEAL Appeal is mode herewith for (~') A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons Laws Art. 16 Sec. 280A Subsection 3 4 PREVIOUS APPEAL A previous appeal ~ (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ............................... Dated ..................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (~ A Variance to the Zoning Ordinance ( ) is requested for the reason that (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- k 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicimty af this property and in this use district because 3 The Variance wouJd observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because ? ........... ~ .............................. ,~ov o,....~¢~...~ ............. to this Notary Pu~ic~/ TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. ROTICE OF DISAPPROVAL File No ............................................................... Date ......................... J~.~er.....2 ....... 19...~7 To ,.,.,~..~.~.,~o~01~.~,.~Z~...~.o~.ph...~afino & ~lfe .............. 6....Cc~rawa~ .Rd .............................. .................. Setauk~t., ....N~i~ ...................... PLEASE TAKE NOTICE that your application dated ............ No~........~ ................. for permit to eons'cruet ......~,~lJ.:L~g ............. at the pr~mises located at .....~,~.i~.~J],e. ............. .P~ conie...Ba~.. ~.ane ............................Street Sou~hold, N.Y. Map C.edar...Be&ch. l~ark...Bloek ................................. Lot .....~2 ................................. is approved on the fol]owin? ground~ ..................................... TOWN OF SOUTHOLD BUILDING DEPAI[TMENT TOWN CLERK'S OFFICE SOUTHDLD, N. Y. Examined ........................................ , 19 ........ Approved ........................................ , 19 ........ Permit No ............................. Disapproved a/c .............................................................................................. Application No ............................. (Building Inspector) APPLICATION FOR BUILDING PERMIT INSTP, UCTIONS a. This application must be completely filled in by typewriter or in ink and submitted in duplicate to the Building Inspector. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of property must be drown on the diagram which is p~rt of this application. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building inspector will issue o Buffding Permit to the applicant. Such permit shah be kept on the premises available for inspection throughout the progress of the work. e. No building shall be occupied or used in whole cr in part for any purpose whatever until a Certificate of Occupancy shah hove been granted by the Building inspector. APPLICATION IS HEREBY MADE to the Building Deportment for the issuance of a Building permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or l~egulotions for the construction of buildings, additions or alteratlons, or../qor removal or de~o[ition as herein described. The app cant c~rees to comply w th all app cab e laws, etd nonces, J~J d~ng code hbu~ifig code and regulations. ......................................... (Signature of 9p'plica]~, or name if a corporation (Address of applicant) State whether applicant is owner, lessee, agent, orchltect, engineer, general contractor, electrician, plumber or builder If applicant is a corporate, signature of duly authorized officer. (Name and tit'e o' corporate officer) ~ ~~/:.~~ 1. L~otion of land on which prop~ed work ~i,,l pe ~one Map No Lot No.: -; .~.~/ .......... ................................................................................ ................................ 2. State existing use end occupancy of premises and intended use and occupancy of prop~ construction: a. ~isting use and ~cupancy ................................................................................................................................. b. intended use and occupancy ............ ~.~.(.~.~ ..................................................................................... 3. Nature of work (check which al.~Jicable); New Building .................. Ada,,~on .................. Alterotion .................. Repair .................. Removal .................. Demolition .................. Other Work (Describe) ........................................ 4. Estimated Cast ................ ~. ........................................ ~e .......................................................................................... (to be paid on filing this application) units '/ Nu be f' 5. If dweh'ng, number of dwelling ' . ........................... m r o awelling units on each floor ............................ If garage, number of cars ........................................................................................................................................... 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use ........................... 7. Dimensions of exist~g structures, f any Front .... ~ . Rea ........ ~. .................. Depth ...~..~ ...... He ht ~/Y~ 'g ........................ Number of ~tories .............. ,~ ............................................................................................... Dimensions of s~rne structure with alterations or additions: Front .................................... Rear ........................... Depth ................................ Height .......................... Number of Stories ......................... 8. Dimensions of egtire new construction: Front ............ ,:~. ..................Rear......~.. ...................Depth ~-~/ Height ........ ~.~...'...... Number of Stories .......... ~ .................................................... 9. Size of lot: Fromt ....... ./,.G...~,..~[ ......... Rear ......... ~.~.~..~. ...............Depth ....... .~f~....~ ......... 10. Dote of Purchase ...................................................... Name of Former Owner ] ]. Zone or use district in which premises are situated ................................................................................................... 12. Does proposed construction vio~te any z.9,nin~law~_ordinance or regulation? .............. , .......................................... 13. Name of Owner of premises"~'/~/k~.'.~(~/L.,~...u/.'...~,~?~Address ...~.~../~.~.~(~.~. '~- ~hee~C'~~-¢ )-c9 7 Name of Architect ............................................... .j~.] ~,.. / ~,~/, ~ ~/ x,,~ ~ ~/~,~.,, ,~Address .................................... z--.~-/~9~t~lJ~; ................ Name of Contractor PLOT DIAGRAM Locate clearly and dlstincfiy alt buildings, whether existing or proposed, and indicate all set-beck dimensions from property lines. Give street and block number or description according to deed. end show street names and indicate whether interior or corner lot. S'FAT£ OF N~'~' YORK, /.~ I S S ' COUNT,;:~ .................. :..,...~.~ - · ~/~'-~/~/~ ~Y~';' '~ beino du'y sworn, d~oses mod sa ~ that he ~s fh~ applicon (Nome Sworn to before me this ......... ......... ~ ' ,- ~ z , ~<~:...~J.......c...;L~.K.:..../...E ....................................... CEDAR BEACH PARK BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · 1~O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETER3~INATION MEETING OF OCTOBER 7, 2010 ZBA FILE No.: 6383 NAME OF APPLICANT: Sim Moy CTM 1000-90-2-1 PROPERTY LOCATION: 750 West Lake Drive, (adj. to Little Peconic Bay and Dug Inlet) Southold, NY SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type 1I category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated April 29, 2010 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP: This application was referred for reviewed under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalizahon Program (LWRP) Policy Standards. The LWRP Coordinator issued his reply dated June 21, 2010, Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTiON: Applicant's property is an 8,861 sq. ft. non-conforming waterfront parcel. The lot is also identified as Lot 119 within Cedar Beach Park at Bayview, located in Southold, NY. The northerly lot line measures 77.04 feet along a private right of way named West Lake Drive. The easterly lot line measures 104.50 feet from West Lake Drive to the water's edge of Little Peconic Bay. The southerly lot line measures 89.93feet along a wooden bulkhead on Little Peconic Bay, and the westerly lot line measures 99.53 feet along a wooden bulkhead on the dug Inlet, which joins West Lake to Little Peconic Bay. The parcel is currently not developed, with the proposed construction as shown on the site survey drawn by Fox Land Surveying on Dec. 06, 2004, updated numerous times, with the last revision under ZBA consideration dated Sept. 21, 2010. BASIS OF APPLICATION: Request for Variances from Code Sections 280-124 & 280-116 based on an application for building permit and the Building Inspector's January 12, 2010, Updated March 15, 2010, Notice of Disapproval concerning construction of a new single family dwelling, at (1) less than the code required minimum rear yard setback of 35 feet, (2) less than the code required setback from a bulkhead of 75 feet at; 750 West Lake Dr., Southold, NY. SCTM#1000-90-2-1. (adj. to Little Peconic Bay and dug Inlet) RELIEF REQUESTED: The applicant proposes to construct a new single family dwelling on this non-conforming parcel, with a non-conforming rear yard setback of 31 feet rather than the Code required 35 fbet; and the Applicant proposes to establish a non-conforming setback from the bulkhead of 26 feet on the southern lot line Page 2 October 7, 2010 ZBA Fileg6383 - Moy adjacent to Little Peconic Bay, and another non-conforming setback from the bulkhead of 24 feet on the western lot line adjacent to a channel called the dug Inlet which connects Little Peconic Bay to West Lake. AMENDED APPLICATION: During the June 30, 2010 hearing, the applicant was asked to bring the plan into more conformity with the code. The ZBA expressed concern about the location of the Applicant's proposed driveway, in very close proximity to a bulkhead. On the Sept. 23, 2010 Public Hearing, the Applicant submitted a revised survey by David H. Fox, Licensed Surveyor last dated September 21, 2010 which shows a relocated side yard building entrance with a proposed distance from the Dug Inlet to the door steps at 24.3 ft., an increase of 3 ft., from the original proposed distance of 21.2 ft. The Applicant also redesigned the proposed driveway, shifting it further away from the Dug Inlet bulkhead, to a proposed minimmn distance of+/- 12 ft. from the bulkhead to the edge of the driveway, as shown on the revised site plan sheet S-1 drawn by Joseph Fischetti, P.E., and dated Sept. 08, 2010. ADDITIONAL INFORMATION: The Applicant has submitted a letter from the Southold Board of Town Trustees dated July 22, 2009, approving this new construction, accompanied by a Wetland Permit issued by the Trustees. The Applicant has submitted a valid NYSDEC Permit, dated Dec. 19, 2006, and a letter from the Suffolk County Soil and Water Conservation District, dated June 17, 2010, with recommendations to the Applicant regarding methods to ensure the protection of the natural environment. The Applicant has also recently submitted a landscape/grading plan, and a letter of intent to construct an access road as required under Section 280-137A[e] of the Town Code, drawn and written by Joseph Fischetti, Professional Engineer, and dated July 16, 2010. The ZBA has also received written statements and correspondence from several neighbors, including representatives of the West Lake Association, Inc., all of which were considered in the Board's deliberations. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held public hearings on this application on June 30, 2010, August 26, 2010 and Sept. 23, 2010, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be tree and relevant and makes the following findings: 1. Town Law §267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The residential neighborhood consists of many developed non-conforming sized parcels, with many non-conforming front yard setbacks, and setbacks from bulkheads. The Zoning Board of Appeals, in several past decisions has granted similar variances for bulkhead setbacks within this neighborhood, and the granting of the variances requested by the Applicant will not create any additional adverse effects that would outweigh the benefit that the Applicant would achieve by the proposed construction. 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The small area size of this property and the fact that two lot lines are adjacent to bulkheads create a situation whereby the Applicant cannot build a house without variances. 3. Town Law §267-b(3)(b)(3). The variance relief granted herein for the distance to the bulkheads is substantial. The proposed 24 foot setback from the westerly bulkhead is a +68% reduction in the Code required 75 foot setback. The proposed 26 foot setback from the southerly bulkhead is a +65% reduction in the required setback. The variance relief granted for the 31 foot front yard setback, is a +11% reduction, where Code requires a 35 foot setback, and is not substantial. 4. Town Law ~267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The Applicant will comply with all of the conditions specified in the Southold Town Board of Trustees Wetland Permit and NYSDEC Permit. The Applicant is also strongly encouraged by this Board to adhere to all recommendations _ ~ ....... ~x, ater Co,s~at~on ~,~s~r,ct. made by the Suffolk Count,,, q~,u ~.a x 7 ,, ~ , · r~; ,; 5. Town Law §267-b(3)(b)(5). The difficulty has not been self-created, but is attributed to the size and location of the Applicant's particular parcel. Page 3 - October 7, 2010 ZBA File#6383 - Moy 6. Town Law ~267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a single family dwelling, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Weisman (Chairperson), seconded by Member Schneider, and duly carried, to GRANT, the variance as AMENDED, and shown on the survey drawn by Fox Land Surveying on Dec. 6, 2004, with the last revision under ZBA consideration dated Sept. 21, 2010, and the site plan sheet S-1 drawn by Joseph Fischetti, Professional Engineer, and dated September 8, 2010. Conditions: The Applicant will implement all aspects of the grading plan as approved by the Trustees and as noted on the site plan approved herein including: "Site fill not to exceed 350 cubic yards". 2. The Applicant will develop the required Section 280-137A[e] access to the property. 3. During the construction process, the Applicant shall use light, rubber tired construction equipment to avoid damage to the natural features of the subject property and the two as built bulkheads Any damage to the bulkhead along the Dug Inlet caused during the construction process shall be repaired by the owner/applicant and no Certificate of Occupancy shall be issued by the Building Department until repairs are made as required. 5. The owner/applicant shall file covenants and restrictions on the subject property to advise future owners that the maintenance of the bulkhead along the Dug Inlet is a continuing obligation 6. The owner/applicant shall install a line of hay bales during the construction process as per best environmental management practices to protect both bulkheads on the subject property 7. The owner applicant shall install a 4 ft. high wood split rail fence, or similar to act as a safety guardrail between the Dug Inlet and the proposed pervious driveway for the entire length of the proposed driveway. That the above conditions be written into the Building inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by thb Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Leslie Kanes Weisman, Chairperson Approved for Filing['~ //o~/2010 WES RETAINING WALL SECTION SIM MOY LITTLE PECONIc E~Ay RETAINING WALL SECTION SIM MOY Bruce Anderson, M.S.. President Vie Requlor Mail Suffolk Environmental Consulting, Inc. Newman Village. Suite E, 2322 Main Strcct. P.O. Box 200% Bridgehampton, New York 11932-2003 (631) 537-5160 Fax: (631) 537-5291 RECEIVED "; BOARD OF APP~.~:)er 21, 2010 Southold Town Zoning Board of Appeals Town of Southold 53095 Main Road P. O. Box 1179 Southold, NY 11971 Re: Situate: SCTM #: Benali, LLC Property 1275 Cedar Point Drive West; Bayview Town of Southold, NY 1000-90-1-2 Dear Members of the Board, As you know, a question as to the accuracy of the wetland bounda~/was raised during the public hearing of October 21,2010 concerning the application referenced above. The purpose of this correspondence is to address that question and to shed further light on this application. Our application relies upon a survey prepared by John Ehlers last revised March 1,2010. The March 1" survey of Ehlers depicts a wetland boundary delineated by Suffolk Environmental Consulting, inc. on November 6, 2009 and located in the field by a licensed surveyor on December 15, 2010. A copy of the March 1,2010 survey is attached hereto at Exhibit A. A wetland permit was filed with New York State Department of Environmental Conservation (NYSDEC) on April 8, 2010. Correspondence from NYSDEC misdated September 30, 2009 (it should have reod 2010) was received in response to that application which correspondence determined that the wetland beundan¢ was located at the 2-foot contour line. A copy of the NYSDEC correspondence is attached hereto at Exhibit B. The survey was subsequently revised by John Ehlers on October 22, ' 2010 to show the wetland boundary as per NYSDEC. A copy of that ~-'C~.j.~,,~ survey is attached hereto at Exhibit C. ,, ~2c~,, ~'~) A comparison belween the wetland boundary depicted on the ~'~O ,.~ March 1, 2010 survey and on the October 22, 2010 survey reveal that the wetland beundary as delineated by this office is nearly identical to the wetland boundary delineated by NYSDEC and, in any event, I accept the '~,S' wetland boundary determined by NYSDEC. Accordingly, there is no need for the Town to retain an environmental consultant to evaluate the wetland boundary and I request that your efforts to do so be abandoned. In related matters, please be advised that the October 22, 2010 survey also depicts a line of hay bales and sill fence, a limit of clearing, grading and ground disturbance, a relocated dry well (relocated landward to the maximum extent possiblel and a landing and stairs creating a second form of ingress and egress to the dwelling so as to comply with the applicable building cedes. Based upon these revisions, request that the LWRP process be completed finding this application to be consistent the applicable coastal policies as has been the case in other similar applications in the immediate neighborhood. I enclosed 10 original survey prints of the October 22, 2010 survey by John C. Ehlers all bearing original stamp and signature. This survey shall replace the previous survey on file for purposes of evaluating our variance request. Cc. J, Dougherly, Southold Town Trustees Benali, LLC D. Rosenberg, Esq. 'SURVEY OF LO-II:B4 "MAP OF= CtEDAFi DEATH PARK" F ILt=D ]DEC. 20, Iq2-/ AS lviAP ~ ciO 51TUATE: tBA'Pv'IEPI TOINN-. ~I'HOLD E:~It=FOLK-. C, OUNT'r', Nh" .SURVE'f'ED: 02-2~-200q RE¥1~ED: 0-1-21-200q, 12-1D-2OOq 0~-01-2010 EAJFFOLK--. COUNTY TAX LOTto ICC0 - cio - I - 2 PROPOSED ~JETAININ~ J, NALL IEL=~ I GALLON Ii PP-.OPO~ED ~EPTIC CR055 SECTION NOTES: 0 PiPE FOUND A¢¢~ = -/,ID5 5.F. OR 0.164q PROPER'rd FEMA FLOOD ZONE5 A5 5HOHN ON MAP # 561050016-/ H ELEVATION5 I~.EFEPJENCE NAVD IClD& DATUM FLA~5 5HOI~N THUS X EG!UAL LANDHAPJP EDCE OF TIDAL HETLAND5 A5 DELINEATED BY SUFFOLK ENVIRONMENTAL CONEYJLTIN®, Inc. ON NOVEMBER ~, 200q ®RAPHIC, SCALE I"= 20' o ~ kO / / AREA OF PROPERT'F TO EE)®E OF HETLAND5 6~5¢0 HOUSE AREA &bO S.F. PERCENT OF LOT COVERAGE EXHIBIT A New York State Department of Environmental Conser ion Division of Environmental Permits, Region 1 SUNY @ Stony Brook 50 Circle Road, Stony Brook, NY 11790-3409 Phone: (631) 444-0365 · Fax: (631) 444-0360 Website: www.dec.ny.qov EXHIBIT B Alexander B. Grannis Commissioner REQUST FOR MODIFICATION TO PROPOSAL September 30, 2009 Matt D. Ivans Suffolk Environmental Consulting P.O. Box 2003 Bridgehampton, NY 11932 Bena!i, LLC Property 1275 Cedar Point Drive West Southold, NY 11971 1-4738-02841/00003 RECEIVED , OCT 2 720 0 BOARD OF APPEALS Dear Mr. Ivans: The Department of Environmental Conservation (DEC) has carefully reviewed the above application, and we have the following comments. Your proposed project requires significant setback variances from our Development Restrictions. Part 661.6 (a)(1) of the Tidal Wetland Regulations states that the minimum setback of all principal buildings and all other structures that are in excess of 100 square feet must be 75 feet landward from the most landward edge of any tidal wetland. In addition, Part 661.6 (a)(2) of the Tidal Wetland Regulations states that all components of any on-site sewage disposal system must be located a minimum of 100' from the tidal wetlands boundary. The dwelling is proposed to be located within 25' of the tidal wetlands boundary, and the sanitary system is proposed to be located just 30' from the wetland boundary. The mitigation offered, a roof runoff drywell which does not meet the setback requirements, is insufficient mitigation for the several variances requested at this already non- conforming site. Thus, the following project modification and additional information is requested: Our technical staff have determined that the tidal wetlands boundary at this site is currently located along the 2' elevation contour. Please revise the boundary shown on the survey accordingly. You must submit an historical title search for this property and for the adjacent properties to demonstrate that this lot has been in single and separate ownership since August 20, 1977. · The limit of clearing, grading, and ground disturbance must be shown on the survey. Any proposed entrances or exits from the dwelling (such as stoops, walkways, etc.) must be shown on the survey. 4Yearsol~ stewardship 1970-2OIO · The proposed dwelling must be located as far landward as possible on this ~ot. If a variance is required from local setback regulations, such must be requested. The proposed drywell must be located as far from the tidal wetland boundary as possible. A non-disturbance buffer area must be created along the tidal wetlands boundary. The width of the buffer area must be maximized to the greatest extent practical. Please send four copies of the revised survey and additional requested information to my attention at the above address. When this infoCmation is received, processing of your application will continue. Sincerely, Environmental Analyst CO: Benali, LLC RECEIVED bd'~ BOARD OF APPEi~,LS SURVEY OF LO-II~4 "HAP OF CEDAR BEACH PARK" FILED DEC. 20, Iq2-/ A5 HAP ~ ciO 51TUATE: TO}fiN: ..~2UT~LD 50FFOLK OOONT~, f~3RVEYED: F~EVISED: OU-21-2OO~, 12-15-2OOq O~-Ot-2OIO, IO-22-2OIO EXHIBIT C N E~EFOLf( COt)NTT TAX LOT # I000 - qO - I - 2 CERi'~2I~D Il}: LLC PROPOSED F;~JETAININO HALL GRAOE EL=lO PROPOSED E~PTIC CRO~ SECTION SANITARY NOTES 1 SEPTIC TANK SHALL DE HONOLIIHIC AND FABRICATED FRON 10 DIA. X 4 SOLID RING WITH 36' LIQUID DEPTH 2 4 CESSPOOLS 8 DIA 3 DEEP, NiN. i NAX 2 COVER 3 RETAINING NALL SHALL BE NATERPROOFEO ON SANITARY SIDE NOTES: 0 PIPE FOUND Arco = -/,1~55 S.E. OR O.I(24q Acr¢e PROPER~ FEMA FLOOD ZOO5 A5 5HOHN ON HAP ¢ ~lO~O016g H EL~ATION5 ~FE~NOE NA~ FLA¢5 ~O~ T~ X E~AL LAND~ EPeE OF TIDAL ~TLAN~ A5 DELINEATED DY ~IFFOLK ENVIRONMENTAL ~H~LTIN~, Inc. ON ~PHIO SCALE I"= 20' AREA OF PROPERT'r' TO HOUSE AP. tEA 8ff;,O S.F. PERCENT OF LOT COVERAOE IS.1% JOHN C~ 6 EAST MAIN STREET RIVERHEAD, N.Y. 11901 REF.-C:\Documents and Settings\Owner\M' SURVEYOR N.Y.S. LIC. NO. 50202 369-8288 Fax 369-8287 INTER-SCIENCE RESEARCH ASSOCIATES, INC. Environmental Planning ~ Development Consultants 36 Nugent Street, P.O. Box 1201 Southampton, New York 11969-1201 (631) 283-5958 / (631) 283-5974 FAX intersciencc (ct optonline.net SENT BY FAX November 10, 2010 Vicki Toth, Clerk Town of Southold Zoning Board of Appeals 53095 Route 25 P.O. Box 1179 Southold, New York 11971 ~ECE~VED NOV 1 2 2010 ~O.~MtD OF AI~I~EAI.~ RE: Benati, LLC Property - Wetlands Flagging Dear Vicki, I am attaching hereto a copy of what I had been trying to email to you - for some reason it doesn't want to go through. I will put a copy in the mail, that includes the photographs that I took when visiting the site. Thank you for considering Inter-Science for assisting you with this project. I trust that if you have any questions, you will not hesitate to contact me. Very truly yours, Richard E. Warren, AICP President J:\l ~2tters\Toth Proposal.wpd Richard Warren From: Sent: To: Subject: Richard Warren [interscience@optonline.net] Tuesday, November 09, 2010 6:05 PM vicki.toth @town.southold.ny. us FW: Benati, LLC - Request for Wetlands Flagging ISRA Brochure.pdf PA1700113PG PA1700133PG PA1700153PG PA170016.]PG PA1700173PG PA1700193PG PA1700233PG Vicki, Let me know if this goes through - this is the third time I've tried to send. If I do not hear from you, I'll send by FAX/mail. Rich Richard E. Warren, AICP, President INTER-SCIENCE RESEARCH ASSOCIATES, INC. Environmental Planning & Development Consultants 36 Nugent Street, P.O. Box 1201 Southampton, New York 11969-1201 (631) 283 5958 (631) 283-5974 FAX Interscience@optonline.net <mailto:Interscience@optonline.net> Confidential E-mail: Please alert sender and delete e mail if you are not the intended recipient. .... Original Message From: Richard Warren [mailto:interscience@optonline.net] Sent: Monday, November 08, 2010 12:08 PM To: vicki.toth@town.southold.ny.us Subject: Benati, LLC - Request for Wetlands Flagging Dear MS. Toth~ As a follow up to your request on behalf of the Town of Southold, I inspected the property of Benall, LLC, 1275 Cedar Point Drive West, Southold, NY (SCTM NO. 1000-90-1 2) on Sunday, October 17th, for the purpose of evaluating the site conditions for the completion of a wetlands flagging on the Town's behalf. I took a series of photographs of the site and the shoreline (copies of some of the photos are attached hereto). While we typically charge our services on an hourly basis, my office will be able to flag the wetlands line on this property for a fixed fee of $450.00, which would include providing a letter to the Town indicating the species utilized in the wetlands determination. We will invoice the Town of Southold upon the issuance of the letter outlining the work completed. It is understood that once our flagging is completed, the Town will request the applicant to have this line surveyed, and placed on the applicant's property survey for use in your application process. If the Town requires our assistance in the review of the application, we are willing to assist you with that as well, once an updated survey is completed. I trust that if you have any questions, you will not hesitate to contact me. I thank you for considering Inter-Scinece Research Associates, Inc. We will not proceed with any work until receipt of confirmation from the Town. Very truly yours, Richard E. Warren, AICP, President INTER-SCIENCE RESEARCH ASSOCIATES, INC. Environmental Planning & Development Consultants 36 Nugent Street, P.O. Box 1201 Southampton, New York 11969-1201 (631) 283 5958 (631) 283-5974 FAX Interscience@optonline.net <mailto:Interscience@optonline.net> Confidential E-mail: Please alert sender and delete e-mail if you are not the intended recipient. BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard E Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 · Fax (631) 765-9064 MEMO Date: October 25, 2010 To: Jill Doherty, President Board of Trustees From: Board of Zoning Appeals RE: Variance application, Benali, LLC #6422 Comment: The Zoning Board Members are requesting a time line of the Benali property with your department. Thank you. ® WEST LAKE PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971-4616 Tel: (631) 765-4330 Fax: (631) 765-4643 May21,2007 Supervisor Scott Russell and Southold Town Board P.O. Box 1179 Southold, NY 11971 Krarn property 1275 West Cedar Point Drive Southold, NY 11971 SCTM # 1000-90-1-2 Dear SUpervisor Russbll and Town Board: My client is offering to have a conservation easement placed on the above referenced lot to limit the development of a house on the parcel. Enclosed is a copy of my client's proposed project for the parcel. This easement has already been offered to the Trustees who are in favor of it. I look forward to your response. Thank you. Very truly yours, PCM/mr Enc. Patrieia C. Moore Jill Doherty, Southold Trustees Steven Kram ~ Steve Kram Subject: THE NATURE CONSERVANCYWestlake Property. Southold, NY ..... Orlglnal Message ..... From: Steve Kram [mailto:steve~kraml.com] Sent: Wednesdayj March 10, 2810 10:53 AM To: kram~contentiic.com Subject: THE NATURE CONSERVANCY Westlake Property. Southold~ NY THIS WAS THE LAST EMAIL ! RECEIVED FROM THE NATURE CONSERVENCY. THEY CALLED ME 2 WEEKS LATER AND SAID THEY WERE NOT INTERESTED - STEVE ..... Original Message ..... From: Marian Lindberg [mailto:mlindber~tnc.org] Sent: Monday~ March 26j 2007 12:15 PM To: Steve Kram Cc: rparsons~tnc.org Subject: RE: Westlake Property. Southoid~ NY Steve, Our Pecon±cs Land Protection meeting is tomorrow afternoon. then and will be in touch promptiy after that. --Marian ..... Originai Message ..... From: Steve Kram [mailto:steve@kraml.com] Sent: Monday~ March 26~ 2007 3:12 PM To: mllndberg~nc.or§ Cc: rparsonscetnc.org Subject: RE: Westlake Property. Southold, NY We plan to discuss your parcels Marian, Any word whether TNC is interested? 3ust let me know. Thanks - Steve ..... Original Message ..... From: "Marian lindberg" <mltndberg~nc.org> Date: Tue, ~3 Mar 2887 15:18:26 To:<steve~kram~.com> Subject: RE: Westlake Property. Southold~ NY Steve~ ~ Thanks for the clarification. We are holding an internal land protection meeting concerning properties around Pecontc Bay on March 27 and that would be a good time and place for me to pose your questions to a bigger group of TNC people. TNC owns some land in Orient and also to the west, but mostly our work in Southold involves assisting the Town and County with buying properties to which they take title -- including some land around Corey Creek. That Steve Kram Subject: PECONIC LAND TRUST Westlake conservation easement ..... Original Message From: Hoot Sherman [mailto:HSherman@peconiclandtrust.org] Sent: Wednesday~ August 13~ 2888 8:12 AM To: kram~contentllc.com Subject: RE: conservation easement Steve--- The board did not approve your request to place an easement on your property. more they reviewed the proposed easement over 3 meetings they finally determined that because of the small size of the lot and the fact that an easement would not have a significant pubiic benefit I could not get the votes for the easement. - - Hoot The ..... Original Message ..... From: "Hoot Sherman" <HSherman~peconiclandtrust.org> Date: Mon~ l~ Aug 2888 89:33:22 To: <kram(~contentilc.com> Subject: RE: conservation easement Steve I should have a finaI answer Wed. r/ hoot ..... Original Message ..... From: kram~contentllc,com [mailto:kram~contentIIc.com] Sent: Thursday, August 87~ 2888 l:4g PM To: Hoot Sherman Subject: Re: conservation easement Any news? From: Steve Kram [mailto:kram~contentllc.com] Sent: Thursday~ 3uIy 18, 2888 2:44 PM To: Hoot Sherman Subject: FW: conservation easement There are two properties that have docks next to each other. Mine is east of the other one. It has a dock and a smali kayak ramp next to it (on the east side of it). I had asked for a shed to be put itt but to my knowledge it has not been installed. The area for the potential instaiiation of the shed is clearly marked and on my property~ but I don't think it is there yet. the neighbors dock has a ramp that hinges down to the float (mine is straight out - no ramp), Piease refer to the permit (DEC or Trustees) to see a map of the area that is the property, thanks Stewart Title Insurance Company Title No: ST10-07369 Effective Date: 3/15/2010 DOES HEREBY CERTIFY TO: TOWN OF SOUTHOLD THAT is had caused a search to be made in the appropriate Office of the County of Suffolk in the State of New York, against the premises described herein and premises adjacent thereto on all sides from 1/25/1956 to 3/15/2010 to ascertain the fee chain of title reflecting said premises described herein; and the premises abutting same and has found only the returns as set forth herein on the following pages as they appear of record; and DOES certify that "the owners of the premises described herein have owned the same in single and separate ownership as defined by law during this period of time, except as otherwise shown herein". THIS Company's Liability is limited to One Thousand ($1,000.00) Dollars for negligence only. NO policy of insurance is to be issued hereunder, and full payment is due upon receipt of this report. District: 1000 Section: 090.00 Block: 01.00 Lot 002.000 STEWART TITLE INSURANCE COMPANY (~// Ja~a Prindle NEW YORK METRO 800-853-4803 212-922-1593 fax Stewartnewyork.corn 707 Westchester Ave, 4th FI White Plains, NY 10604 300 East 42nd Street, 4th FI New York, NY 10017 125 Baylis Road, 2nd FI Melville, NY 11747 ;stewart --.title insurance company CHAIN OF TITLE FOR SUBJECT PREMISES: District: 1000 Section 090.00 Block 01.00 Lot 002.000 Grantor: Clyde H. Bailey and Clyde G. Bailey Grantee: Millie F. Bailey Dated: 1/25/1956 Recorded: 1/26/1956 Liber: 4061 Page: 219 Grantor: Millie F. Bailey Grantee: Roland L. Hingle Dated: 5/11/1966 Recorded: 5/19/1966 Liber: 5960 Page: 170 Grantor: Roland L. Hingle Grantee: Casbor Inc. Dated: 5/11/1966 Recorded: 5/19/1966 Liber: 5960 Page: 168 (continued) Riverhead, New York Swom to before me this 19th day of April 2010 Notary Public ~ Jana Prindle NEW YORK METRO 800-8534803 212-922-1593 fax Stewartnewyork.com 707 Westchester Ave, 4th FI White Plains, NY 10604 300 East 42nd Street, 4th FI New York, NY 10017 125 Baylis Road, 2nd FI Melville, NY 11747 stewart --.title insurance company CHAIN OF TITLE FOR SUBJECT PREMISES: (continued) District: 1000 Section 090.00 Block 01.00 Lot 002.000 Grantor: Casbor Inc. Grantee: Frank J. Campanelli Jr. and Patricia A. Campanelli, his wife Dated: 1/3/1968 Recorded: 1/8/1968 Liber: 6284 Page: 282 Grantor: Frank J. Campanelli Jr. and Patricia A. Campanelli, his wife Grantee: Benali LLC Dated: 1/26/2006 Recorded: 2/6/2006 Liber: 12434 Page: 606 LAST RECORD OWNER Jana Prindle, being duly sworn, deposes and says: That she is an Officer of Stewart Title Insurance Company. That these are true Chains of Title of the subject premises as shown on the records of the Clerk of the County of Suffolk and the variance search under the above captioned title number. Riverhead, New York Sworn to before me this 19th day of April 2010 Notary Public U~AA. FOX ~ 01~2./3state el Nm~YOm STEWART TITLE INSURANCE COMPANY Jana Prindle NEVV YORK METRO 800-8534803 212-922-1593 fax Stewartnewyork.com 707 Westchester Ave, 4th FI White Plains, NY 10604 300 East 42nd Street, 4th FI New York, NY 10017 125 Baylis Road, 2nd FI Melville, NY 11747 stewart title insurance company ~°°~"~ CHAIN OF TITLE FOR PREMISES ADJACENT NORTH: "CEDAR POINT DRIVE WEST" STEWART TITLE INSy~ANC, E COMPANY ~/J Jana Prindle Riverhead, New York Sworn to before me this 19th day of April 2010 Notary Public LISA A. FOX Notay Pubic, State d Ne~ Yof~ No. 01F060~127~ - Suffolk ~ C0mds~ ~ldarch8, ,gO ~ NEW YORK METRO 800-853-4803 212-922-1593 fax Stewadnewyork.com 707 Westchester Ave, 4th FI White Plains, NY 10604 300 East 42nd Street, 4th FI New York, NY 10017 125 Baylis Road, 2nd FI Melville, NY 11747 stewart title insurance company CHAIN OF TITLE FOR PREMISES ADJACENT EAST: District: 1000 Section 090.00 Block 01.00 Lot 003.000 Grantor: Clyde H. Bailey and Clyde G. Bailey Grantee: Millie F. Bailey Dated: 1/25/1956 Recorded: 1/26/1956 Liber: 4061 Page: 219 Grantor: Millie F. Bailey Grantee: Roland L. Hingle Dated: 5/11/1966 Recorded: 5/19/1966 Liber: 5960 Page: 170 Grantor: Roland L. Hingle Grantee: Casbor inc. Dated: 5/11/1966 Recorded: 5/19/1966 Liber: 5960 Page: 168 (continued) Riverhead, New York Sworn to before me this 19th d~ril 2010 Notary Public LISA A~ FOX HOt~/I:M~, State of New York No. 01F06021273 - 8uffok Clalrly Comm~ .Explm~ Ivlarch 8, ,,~gll STEWART TITLE._~RA.N CE~C OMPANY BY: ~t~? _ /,/'Ld.~,~-t~ (x~ Jana Prindle NEW YORK METRO 800-853-4803 212-922-1593 fax Stewartnewyork.com 707 Westchester Ave, 4th FI White Plains, NY 10604 300 East 42nd Street, 4th FI New York, NY 10017 125 Baylis Road, 2nd FI Melville, NY 11747 stewart --,title insurance company CHAIN OF TITLE FOR PREMISES ADJACENT EAST: (continued) District: 1000 Section 090.00 Block 01.00 Lot 003.000 Grantor: Casbor Inc. Grantee: Philip A. Giordano and Joan Giordano, his wife Dated: 3/28/1968 Recorded: 4/2/1968 Liber: 632 Page: 70 Grantor: Grantee: Dated: Recorded: Liber: Page: Philip A. Giordano and Joan Giordano, his wife Douglas DeFeis and Lydia DeFeis, his wife 7/19/1999 10/12/1999 11994 93 Grantor: Grantee: Dated: Recorded: Liber: Page: Joan Giordano, widow of Philip Giordano Douglas DeFeis and Lydia DeFeis, his wife 11/9/2007 5/22/2008 12552 70 (NOTE: Correction deed to correct notary) (continued) Riverhead, New York Sworn to before me this 19th day of April 2010 Notary Public LISA A. FOX N0~ Publb, State of New Yori( No. 01 FO6021273 - Suffo~ C~unt¥ ~ rzq/t~ Uare~ 8, _7~ol I STEWART TITLE INS~UR~.NCE COMPANY (.~ Jana Prindle - NEW YORK METRO 800-853-4803 212-922-1593fax Stewa~newyork.com 707 Westchester Ave, 4th FI White Plains, NY 10604 300 East 42nd Street, 4th FI New York, NY 10017 125 Baylis Road, 2nd FI Melville, NY 11747 stewart title insurance company CHAIN OF TITLE FOR PREMISES ADJACENT EAST: (continued) District: 1000 Section 090.00 Block 01.00 Lot 003.000 Grantor: Douglas DeFeis and Lydia DeFeis Grantee: Pagoda Management LLC Dated: 11/9/2007 Recorded: 5/22/2008 Liber: 12552 Page: 71 LAST RECORD OWNER Riverhead, New York Sworn to before me this STEWART TITLE 1.N~~ANY BY: '~ z~ Jana Prindle 19th day of April 2010 Notary Public USA A. FOX ~, State of New YoCn 01R:)8~1~'3 - .Suffolk C~xmty C,e~ra~lm ~ March 8. 'Z~, NEW YORK METRO 800-8534803 212-922-1593 fax Stewartnewyork.com 707 Westchester Ave, 4th FI White Plains, NY 10604 300 East 42nd Street, 4th FI New York, NY 10017 125 Baylis Road, 2nd FI Melville, NY 11747 stewart title insurance company CHAIN OF TITLE FOR PREMISES ADJACENT SOUTH: District: 1000 Section 090.00 Block 01.00 Lot 011.000 Grantor: Grantee: Dated: Recorded: Liber: Page: Edwin H. Brown and Adeline R. Brown, his wife Queens Operators Corporation 4/1/1926 4/16/1926 1169 234 NOTE: Suffolk County Tax Map designates parcel as owned by Town of Southold. Our search finds no subsequent deed of record from above deed recorded in Liber 1169 Page 234. LAST RECORD OWNER Riverhead, New York Swom to before me this 19th d~.f Ap~.l 201~)/~ Notary Public LISA & FOX Public, State of New ?¢. 01F06021273 - Suff~k ~ STEWART TITLE INSU/P~AN, CE COMPANY Q_~ Jana Prindle NEW YORK METRO 800-853-4803 212-922-1593 fax Stewartnewyork.com 707 Westchester Ave, 4th FI White Plains, NY 10604 300 East 42nd Street, 4th FI New York, NY 10017 125 Baylis Road, 2nd FI Melville, NY 11747 stewart --'title insurance company CHAIN OF TITLE FOR PREMISES ADJACENT WEST: District: 1000 Section 090.00 Block 01.00 Lot 001.000 Grantor: Clyde H. Bailey and Clyde G. Bailey Grantee: Millie F. Bailey Dated: !/25/1956 Recorded: 1/26/1956 Liber: 4061 Page: 219 Grantor: Millie F. Bailey Grantee: Roland L. Hingle Dated: 5/11/1966 Recorded: 5/19/1966 Liber: 5960 Page: 170 Grantor: Roland L. Hingle Grantee: Casbor Inc. Dated: 5/11/1966 Recorded: 5/19/1966 Liber: 5960 Page: 168 (continued) Riverhead, New York Sworn to before me this STEWART TITLE INSURANCE COMPANY (.~- Jana Prindle 19th day of April 2010 Notary Public L~SA A. FOX i~0ia~] P~blic, Sta~ of New York ~. o'1r-o~2~273, soffok Cata~ NEW YORK METRO 800-853-4803 212-922-1593 fax Stewartnewyork.com 707 Westchester Ave, 4th FI White Plains, NY 10604 300 East 42nd Street, 4th FI New York, NY 10017 125 Baylis Road, 2nd FI Melville, NY 11747 stewart --'title insurance company CHAIN OF TITLE FOR PREMISES ADJACENT WEST: (continued) District: 1000 Section 090.00 Block 01.00 Lot 001.000 Grantor: Casbor, Inc. Grantee: Ethel Lindahl Dated: 2/4/1967 Recorded: 2/14/1967 Liber: 6114 Page: 77 Grantor: Grantee: Dated: Recorded: Liber: Page: Grantor: Grantee: Dated: Recorded: Liber: Page: (continued) Ethel Lindahl Robert J. Turner and Marie E. Turner, his wife 4/23/1969 4/28/1969 6541 33 Robert J. Turner and Marie E. Turner, his wife Nancy Elflein 3/9/1982 3/22/1982 9158 155 Riverhead, New York Sworn to before me this 19th day of April 2010 Notary Public STEWART TITLE IN/S/~RANCE COMPANY (~/ -- Jana Prindle - NEW YORK METRO 800-8534803 212-922-1593 ~x StewaRnewyork.com 707 Westchester Ave, 4th FI White Plains, NY 10604 300 East 42nd Street, 4th FI New York, NY 100'~7 125 Baylis Road, 2nd FI Melville, NY 11747 stewart 'title insurance company CHAIN OF TITLE FOR PREMISES ADJACENT WEST: (continued) District: 1000 Section 090.00 Block 01.00 Lot 001.000 Grantor: Grantee: Dated: Recorded: Liber: Page: Nancy Elflein a/k/a Nancy E. Elflein Mark Saporita and Christopher M. Brodarick, as tenants in common 3/26/2003 6/23/2003 12257 427 LAST RECORD OWNER Jana Prindle, being duly sworn, deposes and says: That she is an Officer of Stewart Title Insurance Company. That these are true Chains of Title of the adjoining premises as shown on the records of the Clerk of the County of Suffolk and the variance search under the above captioned title number. Riverhead, New York Sworn to before me this 19th day~Apri12010 Notary Public N0t~ Public Stale STEWART TITLE INS/U,RANCE COMPANY (~// Jana Prindle NEW YORK METRO 800-853-4803 212-922-1593 ~x Stewa~newyork.com 707 Westchester Ave, 4th FI White Plains, NY 10604 300 East 42nd Street, 4th FI New York, NY 10017 125 Baylis Road, 2nd FI Melville, NY 11747 Jmnss F. Kin~ President Jill M. Doherty, Vice-Prssident Pe~ A_ Dickerson Dave Bergen Bob Ghosio, Jr. BOARD OF TOWN TRUSTEES TO'TN OF SOUTHOLD ' Town Hall 53095 Route 25 P.O. Box 1179 SoutNold, New York 11971-0959 Telephone-(631 ) 765-1892 Fax (631) 765-6641 Southold Town Board of Trustees Ficld InspectionfWork scssion Report BENAM, LLC requests a Wetland Permit to construct a two-story frame dwelling 20'X 60', on piles, with associated sewage disposal system. Located: 1275 West Cedar Point Dr., Southold. SCTM#90-1-2 Type of area to be impacted: ~t~Saltwater Wetland __Freshwater Wetland __Sound __Bay Distance of proposed work to edge of above: ~" P~C of Town Code proposed work falh under: hapt.275 __Chapt. 111 .~other Type of Application ~/Wetland Coastal Erosion Amendment Administrative __Emergency Pre-Submission Violation Infone)~ed: ~O~ Ao-CE Modifications: Conditions: Pre~cnt Were: __J.King __J.Doherty__P.Dickcrson __D. Bergen__ B. Ghosio, Jr H. Cusank__ D. Dzenkowski __Mark Texry~other Mailed/Faxed to: Date: Environmental Technician Review ~&(--- ~e~:.,[- is ~-¢,~'- New York State Department of Environmental Conservation Division of Envlronmsntal Permits, Region One Building 40 - I~JNY, 8teny Brco~ New Yo~k 11790-2356 Phone: (631) ~4~O385 FAX: (631) 444~3~60 NOTICE OF PERbffr DENIAL January 4, 2002 Mr. Frank Cempanelli 31 Pond Palh Lake Grove, NY 11755 APR - 3 2007 Re: 1-4738-02841/00001 1275 Cedar Point Drive West SGTM~IiX)0-090-01-02 Southold, New York 11971 Dear Mr. Campane]li: We have carefully reviewed yom application to construct a single family dwelling, deck. garage, driveway and sanitary system in the adjacent ama of a tidal wetland. h has been determined that your application fails to meet the applicable standards for permit issuance as contained in the Tidal Wetland I_and Use Regulstions, 6NYCRR Pm 661. Section 661.9(cX2) r~luires that r~gulated activities must comply with the d~velopment restrictions of sectiOn 661.6, and s~tion 661.9(c)(3) requires that regulated activities must not have an undue adverse impact on the present or potential value of any adjacent or nearby tidal wetland. This project does not comply with development resUictions 661.6(aX l ) or 661.6(a)(2) which respectively requb~ that thc minimum sethack for all pdncipal buildings in exce~s of 100 square feet be 75 flint from the tidal wetland boundary and the minimum setback fo~ any on-site septic system be located 100 feet from the tidal wetland boundary. The pmpot~d setbacks for the dwelling and deck are 10.7 feet and 3 feet instead of the required 75 feet, Additionally, hhe setback for the proposed septic system is shown at 3.5 feet and docs not meet the required minimum setback of 100 feel The pmpesed lot development does not meet the standards for permit issuance described in section 661.9(c)(1) and 661.9(c)(3) since it is not compodble with the public health and welfare and it will r~sult in an undue adverse impact to tim present and potential value of the tidal wetlands. I-li~h ground water influenced by fides at the site will ultimately r~ult in the failure of the septic system thereby leaching nutrients and pathogens from the sy~u~m's effluent into tidal wetlands and surface waters. The proposed 25 foot setback of ;he septic system from thc tidal I0 ]~Y~d ~L~g~9 I0:6g wc~land boundary is nm sufficient to prevent leaehin$ of h'Jese chcmicah i~o ~ ~. ~ ~ ~ ~ ~ ~M W~t Bay ~d ~ ~ ~ ~v~ ~ ~ ~ ~ ~ f~ ~s 1~ wo~d n~ s~ a ~c s~ ~ ~y ~. Residences can also nopfively tm~act wetlands by iacr~..~ storm warn' runoff into wotlands. The 75 foot sotb,u~k is intended to provide ~ built to the woflOnd. Consuvction of imlm'viom ~ (dwellings fad d~ks) and comtn~tio~ L~iviti~s wiiin ~h~ buffer d~x~se irs e~fecttve~ss m ~ it a b~er by ol]owin~ runoff of nulfie~, pathogms and pomnlially toxic materials into sudacc wam~, Additionally, ~roachment of 81mimnu into thc buffcr area will dcmr~sc its use ss a hsbitat for w/ldltf~. Oiwn rk~ this und~_l-p,~ lot ~ a p~.*~y r~icbnc~ and a s~n/tary system which moot, ~he mndmh of 6NYCRR P~ 661, th~ l~mlt l, laeeby d-~!~. a shed, storage b~,/pravel parkins area or any othe~ type of small strocture which will not milizc a sani~:9~ syste~F..Lequiz~ ex~sive ~,~unu or fill Tlu.2s permit dcniai is made without prej~lic~ and is ba~d upon die o~,~,t conditions lm sit~, Please be advised that Uniform Procedm~ 6NYCRR Section 6gl.?(f) ptovid~ that an applicant may request it public hearing if the pm'mit is denied or co~tains conditions that arc unaccep~tble to them. Any such request must be made within thin~ (30) calend~r days of the _,in,,, of the n~ilin~ of this notice of permit denial and ~'iould be addressed to the ReStoml Pexmit Administrator at the above addrc~s. You will be responsible for all co,ts associated with the hearing and will have the burden of establishing dut thc applicable standards of Section 661.9 If no tmpons~ is received with 30 day~, the denial will be final and a new application will be requircd for any future project at this location. Siflccroly, John Wieland Permit ,~dmi,dstrator Telephone (516) To~m I.~11. 53095 ~ Road P,O. BOlt 117~ Southold. New Y~l~ 11971 .$OUTHOLD TOWN CO~$ERV.I. TION i~DVI$ORY COUNCIL At the meeting of the Southold Town Conservation Adviso~y Council held lVlonday, M~ffch 20, 2000, the following recommendation was made: Moved by Scot~ [-Iila~, seconded by Ken Mcskill, it was RESOLVED to rccommend to r. he Southold Town Board of Trustees DISAPPROVAL. oft,e Wetland Permit application of FRANK CAMPANELLI 90-1-2 to constmc'c a one-famil? dwelling, septic system, deck and floating dock with ramp. 1275 Cedar Point West. Southold The CAC recommends Disapproval because of the following reasons: ! Concerns wnh the mad setback and septic setback. 2. the proposed house is within 15' of open watcr. Vote of Co0ncil: .¥:'es. A!I Motion Car)led From: Sent: To: Subject tkilc tkilc [tkilc@optonline.net] Wednesday, October 20, 2010 9:28 PM Toth, Vicki Benali, LLC ~422 I live on Water Terrace. When the Angel Shores subdivision was created, the developer had to create a 20 foot conservation buffer to appease the existing homeowners. This was a reasonable request on their part to maintain a sense of privacy and of the landscape. A few years ago, the home adjacent to the subject parcel was razed and a supposed 1 1/2 story modular home was proposed as a replacement. That home is 2 stories tall and sits 5-6 feet above grade on a crawtspace foundation, making it even taller. So much for the buffer Now we are faced with another proposal, this time to build a 2-story with room for parking underneath! Are you kidding me? Is this Manhattan? I oppose the proposed structure as currently designed. It's far too tall for its lot. Southold needs requirements similar to Southampton where lines are drawn up at a predetermined angle from the corners of the lot and the building may not protrude past that envelope. The septic is a joke. Look at the flooding earlier this spring. The leaching pools will basically drain into the inlet. I certainly hope that a scaled down version, 1 story home is offered as a compromise. Tim Kilcommons 1000 Water Terrace OFFICE LOCATION: MAILING ADDRESS: ~J Town Hall Annex P.O. Box 1179 54375 State Route 25 Southold, N-Y 11971 (cot. Main Rd. & Youngs Ave.) Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGI~AM TOWN OF SOUTHOLD To: MEMORANDUM Leslie Weisman, Chair Town of Southold Zoning Board of Appeals RECEIVED OCT 2 0 20i0 From: Mark Terry, Principal Planner LWRP Coordinator BOARD OF APPEALS Date: October 20, 2010 Re: ZBA file Ref. No. 6422 (Benali LLC) SCTM 1000-90-1-2 Request for Variances from Article XXIII Code Section 280-124 based on an application for building permit and the Building Inspector's August 27, 2010, Notice of Disapproval concerning proposed construction of a single family dwelling at less than the code required front yard setback of 35 feet, at: 1275 Cedar Point Dr., West (adj. to West Lake) Southold, NY. SCTM#1000-90-1-2. Note that the wetland delineation line shown on the survey titled; Survey of Lot 134 "Map of Cedar Beach Park" Filed Dec 20, 1927 as Map 40 submitted to the Board is substantially different from the wetland delineation line shown on a survey submitted to the Board of Trustees for the Kram application on the same parcel. The later line was used to issue permits for a dock structure by the Board of Trustees (6325) and the New York State Department of Environmental Conservation (1-473-02841/0000). It is recommended that the application be amended to reflect the wetland line previously recognized by the issuing entities. The surveys are attached for your perusal. Once an amended survey is received, a Local Waterfront Revitalization Program Coastal Consistency Review can be conducted for the proposed action. Eric. Cc: Jennifer Andaloro, Assistant Town Attorney I I I I I I I I ! '" kk e ~ t SEA LEVEL MAPPING PO BO~# 538 RIVEF~, NY t .-6.8 FLOAT $' X t0' SECURED AT'ACH- NEW YORK NY 10007 pROPOSED LO,~OFiLE FIXED LI ! C "HAP OF C, EI2AR DEAOH PA~K" ~' FILED DF:C,. 20, Iq2-~ A5 MAP # ciO 51TUATE: BA'r'VIEH TOI~I, E~FFOLK ~'r'(, NY ?~LJP-.VF'fED= 02-28-200q RL=VI~D~ 0]-21-200q, 12-15-200~ O3-OI-2OIO SUFFOLK C. OUNT¥ TAX LOT # lOSS - qO - I - '2 CBR'r~e,D TO: BT_,NAL[ LLC ' 8EP -8 L F:'~OPO~ED RETAININ~ PqALL 5~ SLOPE NAX II ~*LLON U PROPOe~ED SEPTIC, ORO~ ~ECTION SANZTARY NOTES: 1 SEPTZC TANK SHALL BE NONOLITHZE AND FABRZCATED FRON 10 DZA, X 4 SOL~D R[NG NZTH 36 L[GUIS DEPTH 2 a CESSPOOLS B DZA 3 DEEP, N[N 1 NAX 2 COVER 3 RETAINING NALL SHALL BE ~ATERPROOFEO ON SANJ~TARY SIDE NOTES: 0 PIPE FOUND Area = PROPERTY FEHA FLOOD ZONE5 A5 5HOINN ON MAP # D61ODC, OI6-/ H ELEVATION5 ~FE~NOE FLA~5 ~N T~ ~ EOUAL LA~ EDgE OF TIDAL ~TLAN~ A5 ~ELINEA~P BY ~FFOLK ENVIRONHENT~ OON~LTIN¢, Inc. ON NOSHER 6, 200q ~PHIC ~ALE I"= AREA OF PROPERTY TO HOtJSE AREA ¢~O 5.F. PERCENT OF LOT OOVERAOE I~.1% 6 EAST MAIN S'I REET RIVERHEAD, N.Y. 119[li %% REF.-(?;\.Documents aod Settings\Or, ncr\My NY.S. LIC. NO. 50202 369-8288 Fax 369-8287 ~ment~AMy Dropbox\08\08\08-174.pro October 19, 2010 The Southold Town Zoning Board of Appeals Town Hall Annex Building 54375 Route 25 Southold 11971 To: Leslie Kanes Weisman, Chairperson Gerard P. Goehringer, Vice Chairperson George Homing Ken Schneider James Dinizio Re: Benalli Application to ZBA for Variance to Erect New House within 10 Feet of Road We have been informed that Mr. Cramm, aka Benalli LLC, is attempting, yet again, to develop a house on his property on West Lake in Southold. When this property was originally purchased by Mr. Cramm, he knew at the time that it was a non-conforming lot and he would not be able to build a house on such property. Mr. Cramm said he was using the property just to dock his boat and proceeded to build a dock on the lake without a peri, it and only applied formerly for a wetlands permit when discovered. - This lot is just about 50% in the wetlands. - The plans show a two story structure at 1600 sq. ft. with a 10 foot setback from the road. - Every home around the lake has a 35 foot setback and this would be an eyesore and look like what is usually found in a transient trailer park development. - The septic system on this property would also have 4 ring septic system within 25 feet of West Lake and within the FEMA flood line. - The plans also show the Septic to be within 5 Feet of the Road and call for an above grade retaining wall to be erected right up to front property line! Clearly, this is an entry into the "Southold sweepstakes"...there is no hardship here as the owner purchased land with the knowledge that he would have no ability to erect a House on this site. - The proposed house would be the most non-conforming that we know of in Southold town. - The Septic system to be erected in the wetlands would be the most non-conforming in the area as well. These standards exist for a reason and we would hope that others would abide by them in order to maintain the aesthetics and quality of our community. We can only hope that the ZBA would act responsibly and deny this variance that would result in setting a dangerous precedent and encourage others to try their luck in a no-hardship situation. Thank you for your time and consideration. Sincerely, Douglas and Lydia OeFeis 1165 Cedar Point Drive West Southold, NY 11971 Jill M. Doherty, President James F. K/ng, Vice-President Dave Bergen Bob Ghosio, Jr. John Bredemeyer Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 TO: FROM: DATE: RE: BOARD OFTOWNTRUSTEES TOWN OFSOUTHOLD Leslie Kanes Weisman, Chairperson Zoning Board of Appeals Jill Doherty, President Board of Trustees October 13, 2010 Variance Application Benali, LLC - SCTM#90-1-2 OCFI3zoio BOARD OFAppEALS Upon initial review, the wetland line appears to be inaccurate as flagged, per the survey prepared by John C. Ehlers last dated March 1,2010. The Board of Trustees requests the wetlands be re-flagged and surveyed by Inter-Science, J.M.O. Environmental Consulting, or Eh-Consultants, Inc. Additional comments by this Board may follow pending the completion of this request. ! '" ~ke ~ t i / RECEIVED ~ 4~,';2~ OCT 1 3 2010 SEA LEVEL MAPPING BOARD OF APPEAL~.~,~ BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 · Fax (631) 765-9064 MEMO Date: October 1,2010 To: Jill Doherty, President, Trustees From: Board of Zoning Appeals RE: Variance application, Benali, LLC #6422 Comment: We have received an application for a variance at 1275 Cedar Point Dr., West, Southold. Attached is a copy of the survey that was submitted along with a copy of the Building Dept. Notice of Disapproval. This application is scheduled for a public hearing on October 21, 2010 and the Board is requesting your comments regarding this application before the hearing date. Thank you. #10371 STATE OF NEW YORK) ) SS: COUNTY QF SUFFOLK) Candice Schott of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1_~ week(s), successively, commencing on the 25th day of Auqust, 2011. Principal Clerk Sworn to before me this LEGAL NOIICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY SEPTEMBER 1, 2011 PUBLIC HEARI]VGS NOTICE IS HEREBY GIVEN, pur- suant lo $~,:tion 267 of thcTown Law and STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) RE,lIVED JUL 1_ BOARD OF APPEALS Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1__ week(s), successively, commencing on the 30th day of June, 2011. Sworn to before me this LEGAL NOTICE SOUTItOLD TOWN ZONING BOARD OF APPEALS THURSDAY JULY ?, 2011 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, OUr- suam to Section 267 of the Town Law and Town Code Chapter 280 (Zoning),Town of Southold. the fo[Iowi~ng public hear- ings will be head by the SOUTHOLD TOWN ZONING BO~kRD OF AP- PEALS at thc Town Hall. 53095 Main Road. EO~ Box 1179. Southol& New York 11971-0959. on THURSDAY JULY 7, 2011: Carryover Hearings, continued from prior meetings and pending additional information: Adjot~ned from Public Hearing June 2 2011: 10~0AM, MICHAE. I, SC~d~R #64~ ~ Request for Varififi~ ~Co~e 2011 Nofic~ of Disapproval stating that vacant lot (without a principal dwe[llng), LER #6478; Request for Vmi~ce from 11:00 AM - MICHAEL and EL- LEN CARBONE //6483 - Request for Variance from Article III Code Section 280-15 and the Building Inspector's May 20 2011 Notice of Disapproval based on an application for building permu to construct an accessory garage at front yard setback of less than the code required 40 feet. location: 1580 North Bayview Rd. (adj to Goose Creek Southold. NY. SCTM#1000-70 12-34. I1:20AM - EDWIN J. PISANI g6482 - Request for Variance from Code Article XXII Section 280-116B and the Build- ing Inspector's May 31. 2011 Not~ce of Disapproval based on an application for budding permit for additions and alters hans to an existing dwelling at: II less than the code required setback of 75 feet from a bulkh~d, located at: 7~80 Pecan ic B~ay Blvd.,(adj. to Great Peconic Bay La. el. NY. S~UM#1000-126-11-9.1 I~50AM - JAMES and JANET D'ADDARIO ~o481 - Request for Vari- ance Eom Code Section 2~0-123 and the Building Inspector's May 19. 2011 No- tice of Disapproval based on an applica- tiaa for b~$ penafit for alterations to a non-conforrni~g building at; 1) a tzoncon~orming building c:0ntain - larggd unlessfihe ~se of sucl~ building is changed to a conformlng usc. Location: 18905 Peco~e Bay Blvd.. Laurel. NY. SCTM#1000-t2~-4Z17.2 Caayover Heatings, coatinued from prior meetings and pending additional information: Adjourned from Public Hearing March 3.2011: 1:00 PM - BENALI. LLC #6422 Adjourned from Public Hearing May 5.2011 · 1:30 PM - MARY BETH HENSON - Principal Clerk day of /~'~/(~ 2011. U'-- 4OTARY PUBLiC-STATE OF NEW YORK No. 01.VO61050~0 Qualified in Suf{ol~ COUntY 2.~0 PM - BROSTAR. L, LC g6463 The Board of Appeals will hear ail persons at their representattves, desiring to be heard at each hearing, and/or desir. mg to submit written atatemen{a before the conclusion Of each hearing. Each hearing wil/~ ,~}t~, ta~t earlier than des' - nate~d above. ~/~les are ava~b e fo~ re- view du~ rcgul~ '~'ar'busines~ l~Jrs and prior to the day of the heating, tf you have~uesQon$;~leaSe contact 6ur Office at. (631) 765-I809, or' by email: Vicki. TothC~Town~outhold nv. tm. Dated: June ~[3~, 2011 EONING ~OARD OF APPEALS LESLIE KA~I~ S ~EIS MAN,~ C HA! R _ PERSON BY: Vicki Toth 54375 Main Road (Office Locationl 53095 M~ Road (MaiIMg/USPSt Ea. Box 1179 Southold. NY 11971~959 10298-1T 6/30 10138 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1___ week(s), successively, commencing on the 17th day of February, 2011. Principal Clerk Sworn to before me this LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY MARCH 3, 2011 PUBLIC HEARINGS NOTICE iS HEREBY GIVEN, pur- suant to Section 267 of theTown Law and Town Code Chapter 280 (Zoning),Town of Southold, the following public hear- ings will be held by the SOUTHOLD TOWN ZONING BOARD OF AP- PEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 1197141959, on THURSDAY MARCH 3, 2011: 10:00 a.m.- pIERCE RAFFERTY 06451 - Request for Variance from Ar- ticle XXIII Code Section 280-124 and the Building Inspector's January 7, 2011 Notice of Disapproval based on an ap- plication for building permit to construct an addition to a single family dwelling at 1) rear yard setback of less than the cede required 35 feet, 2) lot coverage of less than the code required 20%, at; Avenue B lqshers Island, NY. SCTMgI000-6-2- , 17.5. 10:.1~ a.m.. -IOYCE BARRY g6453 - Applicant request a Speeia! Exception under SecQon 280-13B(14). ~ae Appli- cant is the owner requesting authoriza- tion to establish an Accessory Bed and Breakfast, accessory and incidental to the residential occupancy in this single- family dwelling, with three (3) bedrooms for lodging and serving of breakfast to the B&B casual, transient roomers. Lo- cation of Property: 1855 Depot Lane Cu- tchogue, NY. SCTM#1000-102-1 9.1. ' 10'30 a.m. - STERLING HARBOR, INC. g6448 - Request for Variance from Code Article Il! Section 280-15 and the Z day of Building Inspector's December 9, 2010 Notice ol Disapproval based on an ap- plication for building permit to construc- tion an accessory garage 1) proposed ga rage location is other than the code re- quired rear yard; at: 2404 Camp Mineola Rd. Ext., Mattituck, NY. SCIM#1000 10'30 a.m. - .I ~ROME and SANDRA MARTOCCHIA, .IR./~449 - Applicant requests a Special Exception under Ar- t cie Ill, Section 280-13B(13). The Ap- plicant is the owner requesting authori zation to establish an Accessory Apart merit in an accessory structure at; 67795 CR 48 Greenport, NY. SCYM#1000-33 1I:15 a.m. - GEORGE and RUBY GAFFGA #6438 - Request for Vari- auce from Code Sections 280-13 (A)(1) and 280-18 and the Building Inspector's October 26, 2010 Notice of Disapproval based on an application for building permit to demolition and construct a new second single family dwelling at; 1) more than the code required one fam- ily detached dwelling, 2) less than the code required rear yard setback o[ 50 feet, at: 175 Laurel Ave., Southold, NY. 11:45 ann. - DAVID J. VERITY ~6452 - Request for Variance under Article II Section 280-9 and the Building Inspec- thr's November 17, 2010 updated Ja~zu- ary 19,2011 Notice of Disapproval based on an application for Lot ReCOgnition, which states the identical lot was creat ed by deed recorded in the Suffolk Coimty Clerk's Office on or before June 30,1983 and the lot conformed to the minimum lot size set forth in Bulk Schedule AA as of date of lot c~eation. Proposed lot is less than the code required size and said deed was recorded after the code required date at; 865 Nokomis Rd. (Hiawatha's Path), Southold, NY SCTM#1000-78-3-26. Carryover Heatings, continued from prior meetings and pending additional information: Adjourned from Public Hearing.Ian- uary 6, 2011: L'00 p.m. - TK ALPHA, LLC. #~437 1'30 p.m.- BENALI, LLC #6422 iO1&RY FilBI.IO*$TATE OF NEW YORK No, 01 .V06105050 ~uclliJJed Itl guifOJk County Adjourned from Public Hearing Feb- rua~ 3, 2011: 2:00 p.m. - MARY ANN PRICE 53095 Main Road (Mailiag/USPS) STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for I week(s), successively, commencing on the 23rd day of December, 2010. Principal Clerk 4 dayof,~:jX/k._~{ ' Sworn to before me this 201~). LEGAL NOTICE SOUTHOLD TOWN ZONi~ct BOARD OF APPEALS THURSDAY JANUARY 6, ~M. PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, put sunni to Section 267 of thc Town Law a nd Town Cooke Chapter 280 (Zoning),Town of Southold, the following public hear- ings will be held by the SOUTHOLD TOWN ZONING BOARD OF AP- PEALS at the Town Hall, 53095 Main Road, RO. Box 1179, Southold. New York 11971-0959, on THURSDAY JAN- UARY 6. 2011: 9'30 A.M. 4170 INDIAN NECK ~ - Applicant requests a Special Exception under Ar0 c}e III, Section 280-13B(9). To construct second floor apartment as groom/farm labor quarters in existing barn, location: 4170 Indian Neck Lane, (adj. to Little Creek) Peconi¢, NY. SCTM#1000-98-1- 9:.50 A.M. DAVID S. and ELIZA- 39 Request for Variance from Code Section 280-18 and the Building Inspector's October 13, 2010 Notice of Disapproval based on an appgcation for building permit to construct an addition at; 1) less than the code required minimum side yard set back of 15 feet, 2) [ess than the code re- quired combined side yards of 35 feet, at: 5160 Indian Neck La., (adj. to Hog Neck Bay) Peconic, NY. SC3~vI#I000-98-4-23. ol Disapproval based on an application for building permit to construction an accessory structure 1) proposed build maximum 750 sq. ft allowed per code: 10:30 A.M. LOIS ABRAMCHIK and BARBARA CAVALLO Request for Variance from Co&~ Sec lion 280-15 and the Building Inspector's August 16, 2010 Notice .of Disapproval based on an application for building per- mit [o construct an accessory in-ground swimming pool at; a location other than the code required rear yard, at: 28547 Mailt Rd. (SR 25)and Brown's Hill Rd P, i-ate Rd), Orient, NY. SCTM#1000- 18 6 24.1. 10'50 A.M. BARBARA $CURA- COYNE g6441 - RequeSt for Variance from Article XXIII Code Section 280- 124 and the Building Inspector's Sep tember 28, 2010 Notide of Disapproval based on a building permit application for "as built" deck addition to exist ins dwelling at; 1) at less than the code mquired rear yard setback of 50 feet, at: 1145 Oakwood Dr., (Oakwood Dr.) Southold, NY. SCTM#1000.70-13- t0. 11:10 A.M. JOEL B. and JAMi FRIEDMAN #6440 - Request for Vari- ance from Code Section 280-15 and 15D and the Building Inspector's September 20, 2010 Notice of Disapproval based on an application for building permil to construct an accessory garage at; 1) at less than the code required front yard setback of 50 feet, 2) dormers at more than the code permitted 40% of the roof width, at: 830 Clearview Rd.(adj. to Cedar Beach Harbor), Southold, NY. 11-.30 A.M. WEST CREEK AVE. TRUST {Todebusht g6442 - Request for Variance from Article III Code Sec- tion 280-15 and the Building Inspector's October I4, 2010 Notice of Disapproval based on a building permit application Rn "as built" accessory in-ground swim ming pool at; 1) location other than the cod/ reqnired rear yard, locatiou: 1295 West Creek Ave,. (Holden Avc) Cu tchogue. NY. SCTM#1000-103-13 ti CHRISTINA VOL!NSKI NOTARY PUBLIC~$TAYE OF NEW YOR~ No; 01-VO61050~0 Quallflea In Suffolk County 11'50 A.M. TK ALPHA. LLC. g6437 - Request for Variance from Code Section 28046 (Bulk Schedule) and the Building Inspector's October 13, 2010 Notice of Disapproval based on an application for building permit to construct commercial building at; 1) less than the required lot size of 40,000 sq. ft. for two buildings, 2) less than the code required front yard setback of 15 feet, 3) less than the code required minimum side yard setback of 10 feet, 4) less than the code required total side yards of 25 feet, at: 535 Pike St,, aka Railroad Ave.. Mattituck, NY. SCTMgl000-140-2-20. Carryover Hearings, continued from prior meetings and pending additional information: Adjourned from October 21, 2010: Adiourned from December 2, 2010: 'lz30 P.M.DONALD B. and SANIS G, ROSE g6430 2 B The Board of Appeals will hear all persons or tbeir representatives, desir- ing to be heard at each hear. lng. and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. ~les are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: Vicki.Tot h t~Town.Snu t h aid.ny, us Dated: December 6~ 2010 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIR- PERSON BY: Vieki Toth 54375 Main Road (Office Location) 53095 Main Road (Malling/USPS) P.O. Box 1179 Southold, NY 11971-0959 i0.067 1T 12/23 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard E Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · RO. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 1197I http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, OCTOBER 21, 2010 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0969, on THURSDAY, OCTOBER 21, 2010: 10:20 AM - Benali, LLC #6422 - Request for Variances from Article XXIII Code Section 280-124 based on an application for building permit and the Building Inspector's August 27, 2010, Notice of Disapproval concerning proposed construction of a single family dwelling at less than the code required front yard setback of 35 feet, at: 1275 Cedar Point Dr., West (adj. to West Lake) Southold, NY. SCTM#t000-90-1-2. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: Vicki.Toth~,Town.So uthold, ny. us. Dated: September 30, 2010 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53096 Main Road (Mailing/USPS) P.O. Box 1t79 Southold, NY 11971-0959 NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: SCTM #: BENALI, LLC 1000-90-1-2 # 6422 VARIANCE: SETBACK REQUEST: NEW DWELLING DATE: THURS, OCT. 21, 2010 10:20AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD OF APPEALS-TOWN OF SOUTHOLD 765-1809 ~ ~ 9952 \ STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successively, commencing on the 7th clnw nf C~,fnhar 9n1~ ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net September 30, 2009 Re: Town Code Chapter 55 - Public Notices for Thursday, October 21, 2010 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Times Review newspaper. 1) Before October 8th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailin.q address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement1 or during the hearin.ql providing the returned letter to us as soon as possible; AND not later than October 15th: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, and furnish to our office with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later October 16st: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at your property for seven (7) days {or more) until the hearing is held. Securely place the sign on your property facing the street, no more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is available for the additional front yard. Please deliver or mail your Affidavit of Postin.q for receipt by our office before October 20, 2009. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Encls. ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of (Name of Applicon[si ~ -- CTM Parcel # 1000- 'BOARD OF APPEALs AFFIDAVIT O~ MAILINGS COUNTY OF SUFFOLK) STATE OF NEW YORK) .~ l,~ew York, being duly sworn, depose trod ~a~,~ P Onth~ ~yof~ ~ I cst Offi~ in~~ Ne,~, ~;v ~7~~ at the Unit~ S~es c - ~m ,ucm m prepaid envelops ad.es ~ent cruets snore on the cu~ent ~_, ._,, .~ _ ~ . s~ to ~eoou~ttt Lull venn~ [rom ~e official r~r~ ca file ~ ~e (~Assessors, or ( ) ~R~I Property Offi~ ~g~ pro~ which abu~ aud is across a nublic or ~_~,.~ _~i ~ ~- ,: /7 .... for eve~ s~o~ng ~e appliem~t's pro~ ~ ~,~*?.~ attee~ or vemcutar rtghtmf-way of (Signature) Matthew D. [vans Notary P~blic o! New York /'/(Notary Public) Nb 01 :,,'005::859 Ouaiih~d ir, Su¢Iolk County Commission Expires January 22, 201 ~ PLEASE list, on the back of this Affidavit or on a sheet 0f paper the lot ntunbers next to the .owner names and addresses for which notices were mailed, Thank you, m USG ~l ~~IAL USE Certified Fee m ~~ I A L USE r-- Postage -13 Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) OCT -7 2010 Postage ~ Certified Fee D Return Receipt Fee Poslmark i [~3 (Endorsement Required} (~ --7 ~010 D (Endorsement Required) ,-. ~h-~AL USE $2.80 E~I (Endorsement Required r~ Total Restage & Fees $ ~. ~.~ item 4 ff Reatfl~ed DelNe~ Is desired. Agent · pflnt your name end address on the mveme [ v~.~,,~ ~._._~ n Addressee so that we can return the card to you. . . ' ' B. I~/eived by (~,~nted Name) I C, Date of Delivery · Attach this card to the back of the mailpiece, ~'/"~'~ ~--~ or on the front if space permits;i 1. Article Addressed to: Restricted Delivery? (Extra Fee) [] Yes PS Form 3811, February 2004 7009 0080 0001 6793 7610 Domestic Return R~celpt · Complete items 1,2, end 3. Also complete item 4 if Reatdct~d Delivery Is desired. · Pdnt your name and address on the reveme so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: A. Signature [] Registered [] Insured Mall [] Express Meil [] Return Receipt for Merchandise [] C.O.D. 4. Restricted Dallvery? (Extra F~e) i-1 Yes 7009 0080 0001 6794 0016 Domestic Retum Receipt PS Form 381 1, February 2004 10259~02-M-IS40 Suffolk Environmental Consulting, Inc. Newman Village, Suite E, 2322 Main Street, P.O. Box 2003, Bridgchampton, New York 11932-2003 (631 ) 537-5160 Fax: (63 I) 537-5291 Bruce Anderson, M.S., President -"~,2 ~"'~"'"' October 8, 2010 Southold Town Zoning Board of Appeals P.O. Box 1179 Southold, NY 11971 Re; Situate: SCTM #: Benali, LLC Property 1275 Cedar Point Drive West Town of Southold, NY 1000 - 090 - 01 - 002 RECEIVED BOARD OF APPEALS Dear Board Members, With respect to the above referenced application, please find attached: {1) Original Affidavit of Mailing Notice {w/certified mail receipts], dated October 7, 2010. Kindly review and retain within your records. We will forward the green return cards as soon as we get them. Should you have any questions concerning this matter, please feel free to contact this office at any time. Thank you as always for your attention and consideration. Sincerely, Diane K. Wassick Encl. Cc, Benali, LLC D. Rosenberg, Esq. RECEIVED ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of BOARD OF APPEALS (Name o f(~pplicants) AFFIDAVIT POSTING Regarding Posting of Sign upon Applicant's Land Identified as 1000- ,q'O O[- 0O7__. COUNTY OF SUFFOLK) STATE OF NEW YORK) SUFFOLK EIWJR ONMD~TAL CONSUL']'II~i~, INC. P.O. BOX 2008 New York, being duly sworn, depose and say that: On the /,~/day of ~~.. ,_~O/O, I personally placed the Town's official Poster, with the date of hearing and nature of my application noted thereon, securely u on m property, located ten (10) feet or closer from the ~, ...... -'-'-, ~ -. - - p Y facirt~: the street o seine ~anh ~$r~,,$ ,...~,~h* ,- o~.[ u.a [tgat~or-way ((mveway entrance) - r fa_...., ............. ~.~-or-way en~arice;* and that [ hereby confirm that the Poster has remained in place for.,~even days prior to t~'~t date of the subject hear/ng date, which hearing date was shown to be ~ '(Signature) Sworn to before me this / day of g_-a'r s , ~ /~ot~ Public) -~ Notary ~;ub]~c of New York ~ No oirv%53a~9 ¢omm~xp[res January aa, mr ~e en~ce or ~veway en~ of my prope~, ~ ~e arm most ~sible to p~semby. Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenne) Sonthold, NY 11971 Mailin~ Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork, net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 October 25, 2010 Suffolk County Soil and Water Conservation District 423 Griffing Ave., Suite 110 Riverhead, New York 11901 Re: ZBA # 6422 BENALI, LLC Dear Sir or Madam: We have received an application for a project adjacent to a waterway, shown on the enclosed site map. The hearing on this application is expected to be held in approximately 3 weeks. Enclosed is a copy of the site map, together with the application and a copy of the area map. May we ask for your assistance in an evaluation and recommendations for this proposal. Thank you for your assistance. Ends. Very truly yours, Leslie K. Weisman By: '~v- BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 September 8, 2010 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. #6422 (Benali, LLC) Dear Mr. Terry: Town We have received an application for construction of a new single family dwelling in Southold. 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, Leslie K. Weisman Chairperson B¥.~. ~ Encls. BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTI-IOLD Tel. (631) 765-1809 · Fax (631) 765-9064 September 8, 2010 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File #6422 Action Requested: Within 500 feet of: Owner/Applicant: Benali, LLC Setback ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ( ) Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Encls. Leslie K. Weisman ZBA Chairperson Z 0 0 WIN PUBLIC WA~R CEDAR POINT DRIVE {35'WlD£ RIGHT OF WAY) WEST R=27.95' 58.25' (LOT 133) ~-., _POLE LiLIOS 6,0 VACANT N/F NANCY ELF~iN 8.0.~. / I.?. FNO A~ GAR. 29.2' PROPOSED I ',. ~ 2 STORY FRAME IRES. i~x F.FL EL. = 1!.1~ I 56.7' WF8 APPARENT LOW '~A~R LINE N61 O~ 50 W EXIST,, ~A~R if DtRT&GRA~EL ROAD POLE LiLIO 120.00' MAY BAlL HIGH WAI~ER LINE FND %,/ /. ~ 20.0' PROPOSED FLOATING WEST LAKE N/F PHILIP A. GIORODANO JOAN GIORDANO o 6'4 I"- v RES. Z ~F P~BbC WATER LP. FND O~/ (LOT 007 Dh:~ ..... PROVIDE i00% OF Su, R, ,-,,..._ ~. ~ ~390+q F 7 ...... - r~ cr~ ~' i CEILING FLOOR ~ CEILING ~ (El: JNQ FLOOR j =: ---- } ELOOR /'/o~ POINT ' cso,~ ~ N£CK