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Home My WebLink AboutTR-7667 James F. King, President Bob Ghosio, Jr., Vice-President Dave Bergen John Bredemeyer Michael J. Domino Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD CERTIFICATE OF COMPLIANCE # 0789C Date: August 23, 2012 THIS CERTIFIES that the replacement of the existing deck with 9' x 35' deck and stairs from deck to garage; replace and repair stairs on bank; and increase the existing non-turf buffer by 3' At 1095 North Parish Drive, Southold, New York Suffolk County Tax Map # 71-1-11 .. Conforms to the application for a Trustees Permit heretofore filed in this office Dated September 28, 2011 pursuant to which Trustees Wetland Permit #7667 Dated October 19, 2011, and conforms to ail of the requirements and conditions of the applicable provisions of law. The project for which this certificate is being issued is for the replacement of the existing deck with 9' x 35' deck and stairs from deck to garage; replace and repair stairs on bank; and increase the existing non- turf buffer by 3'. The certificate is issued to FRANK GILBERT owner of the aforesaid property. James F. King, President Bob Ghosio, .Ir., Vice-President Dave Bergen John Bredemeyer Michael J. Domino Town Hall, 53095 Main Rd. P.O. Box I 179 Southold, NY 11971 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD DATE OF INSPECTION: V'// Ch. 275 Ch. 111 INSPECTION SCHEDULE __ Pre-construction, hay bale line/silt boom/silt curtain __ 1st day of construction ~ constructed Project complete, compliance inspection. INSPECTED BY: TI'~J ~ CERTIFICATE OF COMPLIANCE: PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 February 28, 2012 Board of Trustees Town of Southold Main Road PO Box 1179 Southold NY 11971 hand delivered Re: GILBERT Premises: 1095 N. PARISH DRIVE, SOUTHOLD Dear President King and Board Members: With reference to above, enclosed please find a copy of the recorded C & R's. Thank you and please do not hesitate to call should you have any questions. Very-~ly yours, Patricia C. Moore encls. c: Mr. Frank Gilbert CC #: C12-6919 COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original DECLARATION recorded in my office on0212112012 under Liber D00012685 and Page 355 and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this 02/2112012 SUFFOLK COUNTY CLERK JUDITH A. PASCALE SEAL Number of pages This document will be public record. Please remove all Social Security Numbers prior to recording. Deed / Mortgage Instrument 31 Deed / Mortgage Tax Stamp FEES Page / Filing Fee C~- Handling 20. O0 TP-584 Notation EA-52 17 (County) Sub Total EA-5217 (State) R.P.T.S.A. ~)~ Comm. of Ed. S. 00 Affidavit Certified Copy ~ NYS Surcharge 15. 00 Other Sub Total Grand Total Real Prope~ Tax Service Agency Verificatiot 1000 07100 0100 011000 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: PATRICIA C. MOORE ESQ. 51020 MAIN ROAD SOUTHOLD NY 11971 Mail to: Judith A. Pascale, Suffolk County Clerk Recording / Filing Stamps Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total SpecJAssit. or Spec./Add. TOT. MTG. TAX Dual Town __ Dual County __ Held for Appointment Transfer Tax Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES or NO If NO, see appropriate tax clause on page # __ of this instrument. Community Preservation Fund Consideration Amount $ CPF Tax Due $ ! Improved Vacant Land TD TD TD Title Company Information 310 Center Drive, Riverhead, NY 11901 Ce. Name www.suffolkcou ntyny.gov/clerk Title # Suffolk County Recording & Endorsement Page This page forms part of the attached by: FRANK C. GILBERT DECLARATION OF COVENANTS AND RESTRICTIONS made (SPECIFY TYPE OF INSTRUMENT) The premises herein is situated in SUFFOLK COUNTY, NEW YORK. TO In theTOWN of SOUTHOLD TOWN OF SOUTHOLD In the VILLAGE or HAMLETof SOUTHOLD BOXES 6 THRU 8 MUST BE TYPED OR PRINTED iN BLACK iNK ONLY PRIOR TO RECORDING OR FILING, (over) SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE T~pe of Instrument: DECLARATION Number of Pages: 4 Receipt Number : 12-0019770 District: Section: Block: 1000 071.00 01.00 Recorded: At: LIBER: PAGE: EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Page/Filing $20.00 NO Handling COE $5.00 NO NYS SRCHG TP-584 $0.00 NO Notation Cert. Copies $5.00 NO RPT Fees Paid THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL 02/21/2012 11:31:13 ~ D00012685 355 Lot: 011.000 Exempt $20.00 NO $15.00 NO $0.00 NO $30.00 NO $95.00 JUDITH A. PASCALE County Clerk, Suffolk County DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION made this ,~/day of February 2012, by Frank C. Gilbert, now residing at 5 Aspen Court, Oss~mng, New York 10562, owner, hereinafter referred to as the "Declarant". WITNESSETH: WHEREAS, the Declarant has title to certain land situate, lying and being at 1095 North Parish Drive, Southold, Town of Southold, Suffolk County, New York, SCTM 1000- 71-1-11 said land being moro particularly described in Schedule "A" which is attached hereto; and WHEREAS, the Property is situated in or adjacent to lands activities upon which are regulated by the Town of Southold Board of Trustees pursuant to Chapter 275 of the Town Code of the Town of Southold, as may be amended, and various activities conducted upon the property are subject to the jurisdiction, regulation and approval or disapproval of the Trustees prior to being conducted; WHEREAS, the Declarant has applied to the Town of Southold Board of Trustees for a wetland permit to replace existing deck with 9' X 35' deck and stairs from the deck to garage; roplace and repair stairs on bank; and increase the existing non-turf buffer by 3' as depicted on the survey prepared by Peconic Surveyors, PC last dated July 6,2011, and stamped approved on October 19, 2011,; WHEREAS, the Town of Southold Board of Trustees, as conditions for the issuance of such Wetland Permit, roquirod certain covenants and restrictions be placed on the property as shown on the aforosaid plans. NOW, THEREFORE, this Declarant witnesseth: That Declarant, for the purpose of carrying out the intentions expressed above does hereby make known, admit, publish, covenant and agree that the said property herein described shall hereafter be subject to the following covenants which shall run with the land and shall be binding on all purchasers and holders of said premises, their heirs, successors, and assigns, to wit: 1. To increase the existing non-turf buffer for a total of 59' feet landward of the top of the bluff by 3' as depicted on the survey prepared by Peconic Surveyors, PC last dated July 6, 2011, and stamped approved on October 19, 2011; 2. These covenants and rostrictions can be modified only at the request of the then owner of the promises with the approval of the Town of Southold Board of Trustees after a duly noticed public meeting. Adjoining property owners shall be entitled to notice of such public meeting by publication or as otherwise deemed sufficient by the Board of Trustees but their consent to such modification shall not be required. 3. It is the responsibility of any party having any right, title or interest in the Property to consult Chapter 275 of the Town Code of the Town of Southold, as may be amended, and to obtain from the Town of Southold Board of Trustees review and such approvals as may be required by Chapter 275 for activities regulated therein on the Property. 4. Declarant grants the continuing right in perpetuity to the Town of Southold or any of its designated representatives to enforce the conditions and restrictions of the covenants. THE FOREGOING covenants and restrictions shall bind the Declarant, its heirs, successors and assigns, and any and all person or persons who shall succeed to the ownership of said premises of any part thereof by transfer or otherwise. IN WITNESS WHEREOF, the Declarant has duly executed this Declaration the day and year first above written. I~ I:~J'~ C.'-~GI~_BE~R~ STATE OF NEW YORK COUNTY OF (,..,~(~ <i~, ~'.~'~-: On this/5 day of February, 2012, before me personally appeared FRANK C. GILBERT, known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public SCHEDULE A ALL that tract or parcel of land situate, lying and being at Bayview, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point marked by an iron pipe set on the northerly line of a 50 foot private road known as "North Parish Drive", 1 122.0 feet easterly along said line from a point on that course of the easterly line of North Road to Bayview, which runs North 14 degrees 25 minutes 20 seconds West, which point is 372.21 feet from the southerly end of said course; from said point of beginning running in a westerly direction along the northerly line of said private road, North 75 degrees 54 minutes 50 seconds West a distance of 100.0 feet to a point marked by an iron pipe; RUNNING THENCE in a northerly direction on a line at right angles to said northerly line of said private road, North 14 degrees 05 minutes 10 seconds East a distance of 240 feet, more or less, to ordinary highwater mark of Peconic Bay; RUNN1NG THENCE in an easterly direction along the ordinary highwater mark of Peconic Bay a distance of 100 feet, or more, to a point which is North 14 degrees 05 minutes 10 seconds East from the point or place of beginning; RUNNING THENCE South 14 degrees 05 minutes 10 seconds West a distance of 235 feet, more or less, to the point or place of BEGINNING. SAID PREMISES being known as 1095 North Parish Drive, Southold, New York. SUBJECT TO covenants and restrictions of record. MARTIN D. FINNEGAN TOWN ATTORNEY mar tin.finnegan@ town.southold.ny.us JENNIFER ANDALORO ASSISTANT TOWN ATTORNEY jennifer.andaloro@town.southold.ny.us LORI M. HULSE ASSISTANT TOWN ATTORNEY lori.hulse@town.southold.ny.us SCOTT A. RUSSELL Supervisor Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1939 Facsimile (631) 765-6639 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD Patricia Moore, Esq. 51020 Main Road Southold, NY 11971 February 6, 2012 RE: Frank C. Gilbert, Wetlands Permit No. 7667 Dear Ms. Moore, I have reviewed the Declaration of Covenants draft you submitted to this office with respect to the above referenced applicants concerning the existing non tuffbuffer, to be increased by 3 feet, and subsequently maintained as depicted on the survey prepared by Peconic Surveyors, P.C., last dated July 6, 2011. The covenants and restrictions document must be executed and filed with the County pursuant to §275-10CK) of the Southold Town Code. Please note that a copy of this document or, in the alternative, a sworn statement attesting to the filing is to be presented to the Office &the Board of Trustees within 90 days of issuance of the permit. Regards, Cc: Board of Trustees~ Jill M. Doherty, President Bob Ghosio, Jr., Vice-President James F. King Dave Bergen 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 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES 72 HOURS PRIOR TO COMMENCEMENT OF THE WORK, TO MAKE AN APPOINTMENT FOR A PRE-CONSTRUCTION INSPECTION. FAILURE TO DO SO SHALL BE CONSIDERED A VIOLATION AND POSSIBLE REVOCATION OF THE PERMIT. INSPECTION SCHEDULE __ Pre-construction, hay bale line __ Ist day of construction ~ constructed Project complete, compliance inspection BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 7667 DATE: OCTOBER 19~ 2011 ISSUED TO: FRANK GILBERT PROPERTY ADDRESS: 1095 NORTH PARISH DRIVE~ SOUTHOLD SCTM# 71-1-11 AUTHORIZATION Pursuant to the provisions of Chapter 275 of the Town Code of the Town of Southold and in accordance with the Resolution of the Board of Trustees adopted at the meeting held on October 19~ 2011, and in consideration of application fee in the sum of $250.00 paid by Frank Gilbert and subject to the Terms and Conditions as stated in the Resolution, the Southold Town Board of Trustees authorizes and permits the following: Wetland Permit to replace existing deck with 9'x35' deck and stairs from deck to garage; replace and repair stairs on bank; and increase the existing non-turf buffer by 3'; and as depicted on the survey prepared by Peconic Surveyors, P.C., last dated July 6, 2011, and stamped approved on October 19, 2011. IN WITNESS WHEREOF, the said Board of Trustees hereby causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this date. TERMS AND CONDITIONS The Permittee Frank Gilbert, residing at 1095 North Parish Drive, Southold, New York as part of the consideration for the issuance of the Permit does understand and prescribe to the following: That the said Board of Trustees and the Town of Southold are released from any and all damages, or claims for damages, Of suits arising directly or indirectly as a result of any operation performed pursuant to this pemfit, and the said Permittee will, at his or her own expense, defend any and all such suits initiated by third parties, and the said Permittee assumes full liability with respect thereto, to the complete exclusion of the Board of Trustees of the Town of Southold. That this Permit is valid for a period of 24 months, which is considered to be the estimated time required to complete the work involved, but should circumstances warrant, request for an extension may be made to the Board at a later date. That this Permit should be retained indefinitelY, or as long as the said Permittee wishes to maintain the structure or project involved, to provide evidence to anyone concerned that authorization was originally obtained. That the work involved will be subject to the inspection and approval of the Board or its agents, and non-compliance with the provisions of the originating application may be cause for revocation of this Permit by resolution of the said Board. That there will ge no unreasonable interference with navigation as a result of the work herein authorized. That there shall be no interference with the right of the public to pass and repass along the beach between high and low water marks. That if future operations of the Town of Southold require the removal and/or alterations in the location of the work herein authorized, or if, in the opinion of the Board of Trustees, the work shall cause unreasonable obstruction to free navigation, the said Permittee will be required, upon due notice, to remove or alter this work project herein stated without expenses to the Town of Southold. The Permittce is required to provide evidence that a copy of this Trustee permit has been recorded with the Suffolk County Clerk's Office as a notice covenant:and ~ restriction to the deed of the subject parcel. Such evidence shall be provided wiCk. in ninety (90) calendar days of issuance of this permit. That the said Board will be notified by the Permittee of the completion of the work authorized. That the Pcrmittee will obtain all other permits and consents that may be required supplemental to this permit, which may be subject to revoke upon failure to obtain same. Jill M. Doherty, President Bob (]hosio, Jr., Vice-President James F. King Dave Bergen 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 October 19, 2011 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 RE: FRANK GILBERT 1095 NORTH PARISH DRIVE, SOUTHOLD SCTM# 71-1-11 Dear Ms. Moore: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, October 19, 2011 regarding the above matter: WHEREAS, Patricia C. Moore, Esq. on behalf of FRANK GILBERT applied to the Southold Town Trustees for a permit under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated September 28, 2011, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council and to the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, the LWRP Coordinator issued a recommendation that the application be found Consistent with the Local Waterfront Revitalization Program policy standards, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on October 19, 2011, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, 2 WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standards set forth in Chapter 275 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that the Board of Trustees have found the application to be Consistent with the Local Waterfront Revitalization Program, and, RESOLVED, that the Board of Trustees approve the application of FRANK GILBERT to replace existing deck with 9'x35' deck and stairs from deck to garage; replace and repair stairs on bank; and increase the existing non-turf buffer by 3'; and as depicted on the survey prepared by Peconic Surveyors, P.C., last dated July 6, 2011, and stamped approved on October 19, 2011. Permit to construct and complete project will expire two years from the date the permit is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Inspections are required at a fee of $50.00 per inspection. (See attached schedule.) Fees: $50.00 Very truly yours, Jill,,M. Doherty ~' President, Board of Trustees JMD/eac Jill M. Doherty, President Bob Ghosio, Jr., Vice-President James F. King Dave Bergen John Bredemeyer Town Hall Annex 54375 Route 25, P.O. Box 1179 Southold, NY 11971 Telephone (63 I) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: FRANK GILBERT Please be advised that your application dated September 28, 2011 has been reviewed by this Board at the regular meeting of October 19, 2011 and your application has been approved pending the completion of the following items checked off below. __ Revised Plans for proposed project __ Pre-Construction Hay Bale Line Inspection Fee ($50.00) __ 1st Day of Construction ($50.00) __ ~ Constructed ($50.00) XX Final Inspection Fee ($50.00) __ Dock Fees ($3.00 per sq. ft.) Permit fees are now due. Please make check or money order payable to Town of Southold. The fee is computed below according to the schedule of rates as set forth in Chapter 275 of the Southold Town Code. The following fee must be paid within 90 days or re-application fees will be necessary. You will receive your permit upon completion of the above. COMPUTATION OF PERMIT FEES: / Final Inspection Fee - $50.00 .\a\t\ · BY: Jill M. Doherty, President Board of Trustees Peter Young, Chaimqan Laurcn Standish, Secretary Town Hall, 53095 Main Rd. P.O. Box 1179 Southold, NY 11971 Telephone (631 ) 765-1892 Fax (631 ) 765-6641 Conservation Advisory Council Town of Southold At the meeting of the Southold Town Conservation Advisory Council held Wed., October 12,2011, the following recommendation was made: Moved by Audrey Horton, seconded by Doug Hardy, it was RESOLVED to SUPPORT the Wetland Permit application of FRANK GILBERT to replace existing deck with 9'X 35' deck and stairs from deck to garage; replace and repair stairs on bank; and increase the existing non-turf buffer by 3'. Located: 1095 North Parish Dr., Southold. SCTM#71-1-11 Inspected by: Audrey Horton, Doug Hardy The CAC Supports the application with the Condition the existing buffer is increased by 3'. Vote of Council: Ayes: All Motion Carried Albert J. Krupskl, President James King, Vice-President Henry Smith Artie Foster Ken Poliwoda Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1892 Fax (516)'765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD July 23, 1998 Costello Marine Contracting Sue Long P.O. Box 2124 Greenport NY 11944 RE: FRANK C. GILBERT, JR. SCTM #.11=1-11 Dear Sue, The following actlon was taken at the Southold Town Board of Trustees meeting on July 22, 1998: RESOLVED, that the Southold Town Board of Trustees approve the request for an Amendment to Permit #4830 to replace an 8' X 8' deteriorated timber landing and benches with an 8' octagon shaped gazebo. However, this does not constitute approval from any other agencies. If you have any questions, please call our office at 765-1892. Sincerely, Sincerely, Albert J. Krupski, Jr. President, Board of Trustees AJK/dJh cc. Bldg. Dept. Board Of $outhold Town Trustees SOUTHOLD, .NEW YORK ISSUED TO FRANK C. GILBERT, JR. 18" and backfill with approx. Pursuant to the provisions of Chapter 615 of the Laws of the State of New York, 1893~ and Chapter 404 of the Laws of the State of New York 1952t and the Southold Town Ordinance en- titled "REGULATING AND THE PLACING OF OBSTRUCTIONS IN AND ON TOWN WATERS AND PUBLIC LANDS and the REMOVAL OF SAND, GRAVEL OR OTHER MATERIALS FROM LANDS UNDER TOWN WATERSI" and in accordance with the Resolution of The Board adopted at a meeting held on ..~.~.~.81.9..?.... 19 ~.'~.., and in consideration of the sum of $.. ~5~.,.~0 ..... paid by .... Q~.~9....~{~....~..~NK ..G.~...~ ~!~ ~.,.....~.~ ....................... ' of .......... ~g.~:~l~l ............................................... N. Y. and ,ubiect to the Terms and Conditions listed on the reverse side hereof, of Southold Town Trustees authorizes and pe~nits the following: Wetland Permit to reconstruct 100' of existing bulkhead within 20 c.y. of clean fill. all in accordance with the detailed specifica+ions as presented in the origina+ing application. IN WITNESS WHEREOF, The said Board of Trustees here~ by causes ifs Corporate Seal +o be affixed, and these presents be subscribed by a majority of the said Board as of this de+~. Jill M Dohe~ty. President Bob Ghosio, Jr, Vice-President James F. King Dave Bergen John Bredemeyer P.O Box 1179 Soutt~old, NY 11971 Telephone (631 765-1892 Fax (631) 765-6641 Southold Town Board of Trustees Field Inspection/Worksession Report Date/Time: FRANK GILBERT requests a Wetland Permit to replace existing deck with 9'X 35' deck and stairs from deck to garage; replace and repair stairs on bank; and increase the existing non-turf buffer by 3'. Located: 1095 North Parish Dr., Southold. SCTM#71-1-11 Type of area to be impacted: ,,/Saltwater Wetland Freshwater Wetland __Sound Bay Distance of proposed work to edge of wetland Pa/d/of Town Code proposed work falls under: · ¢'Chapt.275 Chapt. 111 other Type of Application: Wetland __Coastal Erosion --Amendment __Administrative__Emergency Pre-Submission __Violation Info needed: Modifications: Conditions: Present Were: V~J. D z~enB oGwhsOk~io J. Bredemeyer_ ~el~.Y D I~ -- Form filled out in the field by King [/~D. Bergen, other Mailed/Faxed to: Date: 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 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 DETERMINATION MEETING OF SEPTEMBER 15, 2011 ZBA FILE: 6501 NAME OF APPLICANT: Frank C. Gilbert PROPERTY LOCATION: 1095 North Parish dr., (adj. to Peconic Bay) Southold, NY SCTM# 1000-71- l - 11 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 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 August 2, 2011 stating that this application is considered a matter for local determination as them 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 Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued his reply dated August 24, 2011, 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, provided the following best management practices are followed: a landscaped buffer landward of the bulkhead (incorporating existing trees). PROPERTY FACTS/DESCRIPTION: The subject property is improved with a one story dwelling and attached deck. It contains 20,970 sq. ft., with 100.00 feet on North Parish Drive, 218.23 feet on the west property line, 101.09 feet on Peconic Bay and 201.18 feet on the east property line, as shown on a survey dated July 6, 2011, prepared by Peconic Surveyors, PC. BASIS OF APPLICATION: Request for Variance from Art. XXII, Code Section 280-116 and the Building Inspector's June 8, 2011 Notice of Disapproval based on an application for building permit to construct a deck and as built accessory gazebo at; t) less than the code required setback of 75 feet from a bulkhead for the proposed deck and as built gazebo. RELIEF REQUESTED: The applicant proposes to remove the existing 4 ft. x 35 ft rear deck and replace it with a new 9 ft. x 35 ft. deck at 56.2 feet from the bulkhead, where the code requires 75 feet and legalize the existing gazebo which is a roofed over stair landing located 15 feet seaward of the bulkhead where the code requires 75 feet. ADDITIONAL INFORMATION: The applicant was denied a 42 foot bulkhead setback for an addition under prior variance #4002 in 1991. Page 2 of 3 - September 15,201 I ZBA Fileg6501 - Gilbert CTM: 1000-71-1-11 FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application September 1,2011, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence, the Zoning Board finds the following facts to be true 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 dwelling and attached deck have been in this location since 1960. The rear deck is a common addition to homes in the area and cannot be seen by the adjoining properties. 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 existing deck and house are located within the 75 foot bulkhead setback and were built there prior to the enactment of the bulkhead setback code, so any additions or accessory structures on the water side of the dwelling will require a variance. 3. Town Law §267-b(3)(b)(3). The variances granted herein are substantial. The gazebo represents an 80% relaxation of the code. However, the structure is less than 100 sq. ft. and has existed with Trustee permits since 1998. Regarding the new rear deck the request represents a 25% relaxation of the code. However, the Board finds that the existing 4 ft. wide deck is too shallow for reasonable recreational use, the waterfront yard is small and steeply sloped rendering it impractical for seating, and that the applicant proposes to increase the depth to the minimal size that is practicable. 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 existing bank is well vegetated and no erosion was noticed upon personal inspection by the Board. 5. Town Law §267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of pumhase. 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 rear deck addition and existing gazebo 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 variances as applied for, and shown on the survey dated July 6, 2011, prepared by Peconic Surveyors, PC. Condition The existing non-turf landscape buffer consisting of ground cover shall be widened by 3 feet to decrease potential That the above condition 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 the 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 fight to substitute a similar design that is de minimis in nature for an alteration that does not increase [he degree of nonconformity. Page 3 of 3 - September 15, 201 ! ZBA File#6501 - Gilbert CTM: 1000-71-1-11 Vote of the Board: Ayes: Members Weisman (Chairperson), Goehringer, Horning, Schneider. (Absent was: Member Dinizio) This Resolution was duly adopted (4-0). Leslie Kanes Weisman, Chairperson Approved for filing ~'/;9,~ /201 ! / GB-~BERT 1095 N~ PARISH DRIVE SOUTHOLD SCTM: I000-71-1-11 GILBERT 1095 N~ PARiSH DRiVE SOUTHOLD SCTM: 1000-7!*1-11 GILBERT 1095 N. PARISH DRIVE SOUTHOLD SCTM: 1000-71-1-11 Jill M. Doherty, President Bob Ghosio, Jr., Vice-President James F. King Dave Bergen 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 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: FROM: DATE: RE: Zoning Board of Appeals Jill M. Doherty, Preside~t..~ Board of Trustees ,~) August 22, 2011 ZBA #6501, Gilbert In regards to your memo dated August 18, 2011, the information has been reviewed and at this time thero are no concerns with the application other than the addition of gutters to leaders to drywells installed on the dwelling to contain roof run-off. Please note that permits will be required through this office for any proposed work including any repairs. 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 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 Date: August 18,2011 To: Southold Town Trustees Re: ZBA #6501, Gilbert MEMO The Board is requesting comments on this application for the proposed and existing construction. Attached are copies of the Building department's Notice of Disapproval, a current survey, prior trustees permits and photos. This application is scheduled for a Public Hearing on September 1,2011. Thank you, Vicki Toth To,' Patricia Moore tbr Frank Gilbert 51020 Main Rd. Southold, NY 11952 FORM NO. 3 NOTICE OF DISAPPROVAL DATE: June 8, 2011 Please take notice that your application dated May 31,2011 For construction of a deck addition & an "as built" acc¥ gazebo at Location of property 1095 No. Parish Drive, Southold, NY County Tax Map NO. 1000 - Section 71 Block 1 Lot 11 Is retmued herewith and disapproved on the following grounds: The mot~osed construction is not nermitted pursuant to Article xXII Section 280-I 16 which states: "Ail build_iog,s or structures located on lots upon which a bulkhead, ....anS._which arc adjacent to tidal water bodies ether than sounds shall be set back not less. than 75 fc__c~t from the bulkhead." The site plan indicates the p_ro_p~_ ~.~! ~]~ ~LS..6_,2~'_a~__d_.a_n. '_'_a.s__b..ujl_t.~.g..a~_._e_.b.9 at__l__5_'_. A_ u_t.h..o..rj~__~l_ ~ jgo at ur e K /L # I ~9~§9L I O~:¢L~LL-60-90 GILBERT 1095 N. PARISH DRIVE SOUTHOLD SCTM: 1000-71-1-11 GILBERT 1095 N. PARISH DRIVE SOUTHOLD SCTM: I000-71-1-11 JUL 1 8 2011 John T. Metzger, L.S. ~ECONIC ~URVEYORS, P.Co P.O. Box909 1230TP. aVtLrR STREET $OUTHOLD, N.Y. 11971 631-765-5020. F~,x631-765-1797 ¢5o~ JUL 18 ZOll BOARD OF APPEAI.~ July 15,2011 PatriciaMoore A~omey ~ Law 51020MainRoad Southold, NYl1971 Dear Pat, Please note that in reference to your client Frank Gilbert, 1095 North Parish Drive, Sguthold, Suffolk County Tax Map # 1000-71-01-11, the distance fxom the gazebo to edge of the bulkhead is 15.0'. Sincerely, Peconic Surveyors RECEIVED ~..~ / JUL I BOARD OF APPEALS ~I;PLAr_F_ 8'x ~' A~EN1]NI~It' Tn ...~SLITH/'i£{', TAlgN TII,4.1~EK LAN~{Ng ^Nb ]SENCHED WiTH AN .~' E)ILTAGBNAL GAT-EP, D. · ,, ~VNE I0, IqCl~ Albert J. Krupski, President John Hohapfel, Vice President Jira King Macdn H. C, arrell Peter Wenczel November 21, 1997 BOARD OF TOWN TRUSTEE~ TOWN OF SOUTHOLD ' JUL18Z011 BOARD OF APPEAl-SI'own Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephoae (516) 765-1892 Fax (516) 765-1823 CosteltoMarine Sue Aong P.O. Box 2124 Greenport NY 11944 Re: FRANK C. G/T.~RRT~ JR. SCTM ~71-1-11 Dear Ms. Long, The following action was taken by the Boars of Town Trustees during its Regular Meeting held on November 18, 1997, regarding the above matter: WHEREAS, FRANK C. GILBEI%]I, JR., applie~to the So~tho]d Town Trustees for a permit unde~ the p=ovlsions of the Wetland Ordinance of the Tow~ of Southold~ applicaticux date~ October 23, 1997 and, WHEREAS, said applicatioa was referred to Conservation A~vi~or~ Council for th,~v finding~ an~ recon~endations, and WHEREAS, a Public Heartug was held b~the~ownTrust~eswith respect to said applicatio~ on Nov~mh~ 18, 1997, at 'which all inte~e.sted pe=sc~we=e give~ and, WHEREAS, the Boar~m~mhershavepe~son~l!yviewedancla~e familiar withthep~em%~es in ques'~ion, and~h~ ~u,ms~ga=ea' and, -- WHEREAS, the B~ardhas connie-re, all the teatimon~ documentation ~.~w-%tte~ conaer~ingthis application, WHEREAS, the structure complies with the $=am~ta~d set Chapter 97-18 of the Southol~ Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that the Board of Trustees approves the application of FRANK C. GILBERT, JR. to reconstruct 100' of existing bulkhead within 18" and backiill with &pprox. 20 c.y. of clean fill. BE IT FURT~ RESOLVED that this determination should not be considered a determination made for any other Department or Agency whichma~ also have an application pending for the same or similar project. Permit to construct and complete pro3ect will expire two years from the date it is signed. Fees nrust be paid, if applicable, and permit issued within six months of the date of this notification. Two inspections are required[and the Trustees are to be notified upon completion of said project. FEES: None Very truly yours, Albert J. Krupski, Jr. President, Board of Trustees AJK/djh cc. DEC ACE Dept. of State Board Of Southold Town Trustees SOUTHOLD, NEW YORK Aulharizalian Pursuant to the provisions of Chapter 615 of +he Laws of +he Sta+e of New York, 1893: and Chapter 40~ of +he ,L~.ws of fha State of New York 1952: and +he Sou+hold Town Ordinance en- titled "REGULATING AND THE PLACING OF OBSTRUCTIONS IN AND ON TOWN WATERS AND PUBLIC LANDS and the REMOVAL OF SAND, GRAVEL OR OTHER MATERIALS FROM LANDS UNDER TOWN WATERS;" and in accordance with the Resolution of The Board adopted at a meeting held on 19 c~.'L.., and in consideration of the sum of $_...[~Q.,.~O paid by Go~.~ ~ri~....~r..E~,~[~ .. ~ ~...~!~ ~!g~T.,...;/~., ....................... ' of .......... ~g;~]~ .................................... N. Y. and subjec+ to the Terms and Conditions lis+ed on the reverse side hereof, of Sou+hold Town Trus+ees authorizes and permlfs the following: Wetland Permib to reconstruct 100' of existing bulkhead within 18" and backfill with approx. 20 c.y. of clean fill. all in accordance with the detailed specifications as presented in the originating applicafion. IN WITNESS WHEREOF, The said Board of Tms+eeS here- by causes its Corporate Seal to be affixed, and these f~.resents to be subscribed by a maiorlfy of the said Board as of +his da+~. Albert J. Krupski, President James King, Vice-President Henry Smith Artie Foster Ken Poliwoda July 23, 1998 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1892 Fax (516)'765-1823 JUL 1 $ 2011 BOARD OF APPEALS Costello Marine Contracting Sue Long P.O. Box 2124 Greenport NY 11944 RE: FRANK C. GILBERT, JR. SCTM #.11=1-11 Dear Sue, The following action was taken at the Southold Town Board of Trustees meeting on Ju~y 22, 1998: RESOLVED, that the Southold Town Board of Trustees approve the request for an Amendment to Permit #4830 to replace an 8' X 8' deteriorated timber landing and benches with an 8' octagon shaped gazebo. However, this does not constitute approval from any other agencies. If you have any questions, please call our office at 765-1892. Sincerely, Sincerely, Albert J. Krupski, Jr. President, Board of Trustees AJK/djh cc. Bldg. Dept. N RECE1.VED BOARD OF APPEALS SURVEY OF PROPERTY A T BA YVIEW TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. SCALE' 1'=$0' MA Y 18, 2011 JUI.¥ 6~ ~11 ~D~CK STAIRS) AREA=20,970 SQ. FT. TO TIE LINE · =MONUMENT ANY ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 72090F THE NEW YORK STATE EDUCATION LAW. EXCEPT AS PER SECTION 7209-SUB'DIVISION 2. ALL CERTIFICATIONS HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR WHOSE SIGNATURE APPEARS HEREON. 4961~ (631) 765-5020 FAX (631) 765-1797 P. a BOX 909 12.30 TRA V£LER STREET I N OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Jill Doherty, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: October 12, 2011 Re: Proposed Wetland Permit for FRANK GILBERT SCTM#1000-71 .-1-11 Patricia C. Moore, Esq. on behalf of FRANK GILBERT requests a Wetland Permit to replace existing deck with 9'X 35' deck and stairs from deck to garage; replace and repair stairs on bank; and increase the existing non-turf buffer by 3'. Located: 1095 North Parish Dr., Southold. SCTM#71-1-11 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the LWRP review provided the following best management practices are required: Figure 1. Subject parcel. if the action is approved to further Policy 5: Protect and Improve Water Quality in the Town of Southold and Policy 6; Protect and Restore the Quality and Function of the Town of Southold Ecosystem it is recommended that a landscaped buffer be required landward of the bulkhead (incorporating the existing trees). LANDSCAPED BUFFER -- A land area of a certain length and width which is planted with indigenous, drought-tolerant vegetation similar to that found within the immediate proximity of the parcel. Vegetation shall be installed in sufficient densities to achieve 95% ground cover within two years of installation. Survival of planted vegetation shall be 90% for a period of three years. Maintenance activities within the buffer are limited to removing vegetation which is hazardous to life and property, trimming tree limbs up to a height of 15 feet to maintain viewsheds, replanting of vegetation and establishing a four-foot-wide access path constructed of pervious material for access to the water body. [Added 12-15-2009 by L.L. No. 15-2009] Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Lori Hulse, Assistant Town Attorney Office Use Only _~_ astal Erosion Permit Application G/Wetland Permit Application Administrative Permit Amendment/Trans fqr_/Extgnsion ~-~eceived Application:~ t- "~ ~,~ompleted Applfc~.tion Incomplete SEQRA Classification: Type I Type II Unlisted Coordination:(date sent) ~/'LWRP Consistency Assessment Form ~CAC Referra~ Scot: q Lb3/~t ' ~_l)ate of Inspection: __Receipt of CAC Report: __Lead Agency Determination: Technical Review: ~ublic Hearing Held: __Resolution: Name of Applicant Address ~ ./] -~d'~ ~r)r ~' /LO~'~,fi~. '- ~. ~q-t9 / Phone Number:( Suffolk County Tax Map Number: 1000- '7/- O/- // Property Location: /O~,S" ,/[,/0~/~ ~r~,z%4, ,S cctA I .. ,¢'y (provide LILCO Pole #, distance to cross streets, and location) (If applicable) Address: ~'~ZQ ff]O/h -RO~O/~ ~f~-~/O//J Al. 7. /l ~'7/ Phone: ~rd of Trustees Applicatio~ Land Area (in square feet): Area Zoning:. GENERAL DATA Previous use of property: Intended use of property: Covenants and Restrictions: If"Yes", please provide copy. Does this project require a variance from the Zoning Board of Appeals If "Yes", please provide copy of decision. Yes /~ No Prior permits/approvals for site improvements: Agency Date 7 __ No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? /K No Yes If yes, provide explanation: Project Description (use attachments if necessary):. · rd of Trustees Applicatio! WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: ^reaofwetlands on lot: square feet ~A~ra C_ C t ey Percent coverage of lot: ~' % Closest distance between nearest existing structure and upland edgeofwetlands:/~/~,~4' 19 feet - ,~a7o~ [~44'tot6v't'~ct'7 Closest distance between nearest proposed structure and upland edge of wetlands: 0 feet Does the project involve excavation or filling? ~ No Yes If yes, how much material will be excavated? f cubic yards How much material will be filled? cubic yards Depth of which material will be removed or deposited: feet Proposed slope throughout the area ofoperations: /~./v.~ (~/t.~,e/ak-og ./~c~o/ g 6tzl~ Manner in which material will be removed or deposited: Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason of such proposed operations (use attachments if appropriate): PROJECT ID NUMBER PART 1 - PROJECT INFORMATION t l. APPLICANT I SPONSOR · 3.PROJEC~T LOCATION: · {J I 6'17.20 APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only ( To be COmpleted by Applicant o~- Project sponsor) 8EQR PROJECT NAME 4. PRECISE LOCATION: St~nat Addess and Road Intersections. §. DESCRIBE PROJECT BRIEFLy: ?..MVIOUNT OF__LAND AFFECTED: ~ !illflally · ~ acres Ultimately ' ~ acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) m Res(Ide,tial [] Indt;Sb'la, [] COramerclal OAgriculture [] Park lFOmst/Opei3 SpaCe ]Other (dnaextbe) 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, AGENCY (Federal, State or r-]Yes [~ No ff yea, list agent7 name artd parrrtil / approve!: NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL 1~. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? r~Ye, [~No If yes. list agency name and permit/ appro.~al: i I . AS A T OF PROPOSED ACTION WILL EXIBTING PERMIT/ APPROVAL REQUIRE MODIFICATION? I CERTIFY THAT THE INFORMATION PROVIDED AgOVE IS TRUE TO THE BEST OF MY KNOWLEI~GE -// If the action In a Costal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment PART II - IMPACT ASSESSMENT ITo be completed by Lead Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? if yes, coordinate the review process and use the FULL FAF. I--lYes I'~NO B. WiLL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negative dedaratien may be superseded by another in~lved agency. I-I []"o C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WtTH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, exisUng lraffic paffem, solid waste produc~on or disposal, potential for erosion, drainage or floodin~g problems? Explain briefly: C2. Aesflletic, ngdcolforal, archaeological, historic, or other natural or oultural resources; or community or neighbedloud character? Explain edefly: C~. ¥'m~,~ilu,, o~ f~um, ti~, ~ ~;~;i~ or ~ldl~ ~cle~, r~n~cant hal~it~, or thmatsned or ende~ered r~? E~laln t~tiy: I C4. A ~.,~a~,,nlty's exlsfl~l ptens or goals as O,T,G~;¥ adopted, or a ctmnge in use or intensity of use of land or other natural msourses? F-x~aln briefly: CS. Ore.h, so b.~.~l~nt development, or related a~'~4ti~s liko~ to be Im:lused by the proposed action? Explain bfieti¥: C~. Long ten~. ~hort term, c~mOative, or other effe~s not identified in , C7. Other Impacts Iincludin~ changes in use of either cluanti{~ or t~pe of ener~}~? F-~lain b~efl~/: I, D. VVILL THE PRojECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ~I~oCsNME~.]ALNoAi,EA ICEA~? IIf yes, explain briefly,: E. IS THERE, [] No I--lYes OR IS THEiE LIKELY TO BEI CONTROVERSY RELATED TO POTENTIAl. ADVERSE ENVIRONMENTAL IMPACTS? If yea ~;&;,,: / PART #1 - D~= ~ =~,MINA*I1ON OF SIGNIFICANCE (To be completed by ~ency) . INSTRUCTIONS: F~reachadversee~ectidenti~ed~b~ve~determinew~etheritissubstan~a~arge~imp~ant~r~the~s~nB~nt- Each effect should be assessed in connection with its (a) seifing (i.e. urban or rural); (b) pmbabiliiy of occurring; (c) duration; (d) irrevemi~lity; (e) geographic s~ope; and (f) magnitude. If necesuanj, add attachments or reference suPPOrting matedats. Ensure that explanations contain aoffident detail to show ifmt all ralevant adverse impacts have been identified and adequately eddreused. If question d of part ii was checked yea, the determination of significance must evaluate the potential impact of the proposed at,on on the environmental characteristics of the CEA. FAF and/or prepare a positive declaration. Chec~ thla box if you have detmmined, based on the Information and analysis above and any supposing documectaifon, ~at the pmpo~d acfle~ WILL NOT result in any significant adverse environmental impacts AND provide, on attachments as nacessa~/, the masons supporting determination. Board of Trustees Name of Lead Agency Date Jill M. Doherty President Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Offset in Lead Agency Signaka'e of Preparer (If different from responsible officer)' BOARD OF TRUSTEES TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of FRANK GILBERT Applicant's Land Identified as 1000-71-1-11 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF MAILING I, Betsy Perkins, residing at Mattituck, New York, being duly sworn, depose and say that: ,l On the/~r day of October 2011, I personally mailed at the United States Post Office in South01d, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to the neighbors on the attached list. Sworn to before me thisrT/TN day of October, 2011 NotarY A [ T C. RUTKOWSm Notary Pubiic, State of New York No. 4982528 Qualified in Suffolk County_ .~ Commission Expires June 3, ~,.; Attached hereto is the white receipt post-marked by the Southold Post Office on said date. /tsy P'~rkins) / ignature~)~/' ( PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. GILBERT NEIGHBOR MAILING LIST SCTM: 1000-71-11 DAVID & CHRISTINE CZERNIECKI 42 OAK PLACE BERNARDSVILLE NY 07924 SCTM: 1000-71-1-10 PAPPAS GN SM LTD PARTNERSHIP 142 OXFORD BLVD. GARDEN CITY NY 11530 ......... SCT_M; 1.000-71-1-12 MOORE LAW OFFICE 51020 MAIN ROAD SOUTHOLD NY 11971 I 4. Restricted Delivery? 3. Service 'Type (Extra Fee) [] Yes CERTIFIED 2. Article Number 7192 6463 3110 0001 0316 RECEIPT 7192 6463 3110 0001 0316 FROM: Moore Law Offlc~t RE: GILBERT . - ..... -~, SEND TO: _. _ ~ - --~. ~' %' PAPPAS GN SM-Ct ~) 15AI~T~ER Si_, SEND TO: SE~D~;. % m%~ 1420XFORDBLg~. . , ~ 'A~FIU~O / ~g & CHRISTINE ~IECKI GARDEN CI~ NY11530 ,, 1 ~ N~H ~ARI~ D~VE ~(,)~, / / FEES: ' Restn~ $ 5.59 TOTAL $ 5.59 TOTAL $ 5.59 POSTMARK OR DATE POSTMARK OR DATE POSTMARK OR DATE PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 October 4, 2011 CERTIFIED~.AIL RETURN RECEIPTREQUESTED RE: FRANK GILBERT PREMISES: 1095 N. PARISH DRIVE, SCTM: 1000-71-1-11 Dear Neighbor: I represent the above with regard to property located on 1095 N. Parish Drive, Southold, New York. They have submitted an application to the Southold Town Board of Trustees to replace existing deck as more fully outlined in the enclosed copy of the Hearing Notice together with a copy of a survey. The hearing on this matter has been scheduled for WEDNESDAY, OCTOBER 19, 2011 on or about 6:00 p.m. at Southold Town Hall. If you have any questions, or you wish to support this application, please do not hesitate to contact me. Thank you. Very tru!~ yours, Patricia C. Moore PCM/bp enclS. C: Mr & Mrs Frank Gilbert NOTICE OF HEARING NOTICE IS HEREBY GIVEN that a public hearing will be hel.d by the SOUTHOLD BOARD OF TRUSTEES at the Town Hall, 53095 Ma~n Road, Southold, New York, concerning this properly. OWNER(S) OF RECORD: SUBJ, ECT OF PUBLIC HEARING:II:)t'~~ ~(~ TIME & DATE OF I"Ui~LIL, PIE~IRI~- V~&, Oc'~(' Icl, ~ci,~- on ~ ab(~U~ Ca If you have an interest in this project, you are invited to vi.ew the Town file(s) which are available for inspection prior to the day of the heanng during normal business da s between the hours of'8 a.m and 4 .m. BOARD OF TRUSTEES * TOWN OF SOUTHOLD * (631 ) 765-1892 N SURVEY OF PROPERTY A T BA YVIE~r TO'tN OF SOUTHOLD SUFFOLK COUNTY, N.Y. I000-71-01-I1 SCALE: I'=30' MAY 18, 2011 AREA=20,970 SQ. FT. TO TIE LINE =MONUMENT .~~N.Y,S. LIC. NO. 4961~ /PECONIC ~)~'¢/EYORS, P,C. [631) 765-5020 FAX {651) 765-1797 P,O. BOX 909 1230 TRAVEL£R STREET[ SOU~HO, O, N,× "97, 11--149 of Trustees Applicationl County of Suffolk State of New York BEING DULY SWOP DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVES(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. Signature SWORN TO BEFORE ME THIS DAYOF 5'~--?~' r ,20 // MARGARET C. RUTKOWSKI Notary Public, State of New York No. 4982528 Qualified in Suffolk Court/ -.--- Commission Expires June 3, ~ ~,/..5 0612012011 14:20 HOORE LAN OFFICES 0:~)63175Sa~13 P.0041004 Frank Gilbert 5 Aspen Court Ossining NY 10562-2501 June 20, 2011 Patricia C, Moore, Esq. 51020 Main Road Southold, NY 11971 Dear Ms, Moore: I, Frank Oilbert, hereby authorize you to make any and alt applications to the Town of $outhold Zoning Board of Appeals, $outhold Town Trustees, DEC and any other necessary agencies on our behal/'regarding our property located at 1095 N. Parish Drive, Southold, New York 11971 (sctm: 1000-71-1-11) Very truly yours, APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics orohibits conflicts of interest on the uart of town officers and employees. The vuroose of this form is to r~rovlde information which can alert the town of oossible conflicts of interest and allow it to take whatever action necessary to avoid stone. (Last name, first nme, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Variance Trustee Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (If "Other", name the activity.) Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" theindes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO lfyou answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applieant/agenffmprasentative) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): __A) the owner of greater than 5% of the shares of the coq~orate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); __C) an officer, director, partner, or employee of the applicant; or __D) the actual applicant. DESCRIPTION OF RELATIONSHIP Form TS I Submitted this ~ '~ SignaturE Print N am"~r"~t~ ~ t. cc~ 20 // LV~P CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the 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# 1000-71-1-11 OWNER: Frank Gilbert 1095 Parish Drive, Southold AGENT: Patricia C. Moore Esq. 51020 Main Road, Southold NY 11971 The Application has been submitted to (check appropriate response): Town Board Planning Dept. Building Dept. Board of Trustees X~ Zoning Board of Appeals.~_X 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: X Variance for setback to bulkhead & Trustees permit Nature and extent of action: reconstruct and expand an existing deck on house and approve "as built"Gazebo used as landing (replaced previous landing)on existing stairs to beach Location of action: 1095 Parish Drive, Southold Site acreage: 20,970 sq.ft. Present land use: existing house and deck, existing Gazebo Present zoning classification: r-40 2. 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: Frank Gilbert (b) Mailing address:1095 Parish Drive, Southold (c) Telephone number: Area Code (631) 765-4330 (Pat Moore) (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes X No If yes, which state or federal agency: DEVELOPED COASTPOLICY 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. X Yes No Not Applicable Existing lot is .5 acres and is nonconforming in 1 acre zone. The lot has an existin~ bulkhead and protected by two jetties adjacent to Peconic Bay. The proposed deck is 56.5' from the bulkhead and requires a variance from the ZBA and permit from Southold Tow,, Trustees 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 X Not Applicable land is not identified as area of Archeolo~ical Sensitivity or on the National Register Map produced by NYS Dept. Of State, Division of Coastal Resource.*. Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Sonthold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria X Yes No Not Applicable This property is developed with a house, bulkhead, beach stairs and 2 jetties. The proposed deck is a customary accessory amenity to a single family home and the Gazebo on the beach stairs acts as a landing. 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 X Yes No Not Applicable Existing house remains, existing deck will be replaced and extended for additional outdoor living space. Beach stairs with landing constructed in the 1960's when the house wa~ constructed. The beach stairs were replaced when the bulkhead was replaced and an existin~ landinu was chanced to the Gazebo (,~! Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria X Yes No Not Applicable Proposed deck has no impact on water quality and Gazebo provides a landing on the stairs 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. X Yes No Not Applicable Setback to the bluff is less than 100 feet, however the size of the parcel is nonconforming. The deck and Gazebo do not impact the ecosystem, the structures are landward of wetlands and a bulkhead Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. See Section III - Policies Pages; 34 through 38 for evaluation criteria. Yes No X Not Applicable Air quality will not be affected by residential use 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. X Yes No Not Applicable Solid waste is controlled through town-wide recycling, no hazardous substances proposed at site. 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 XNo Not Applicable The parcel is private ownership and the strnetures do not impact pnblle access seaward of the bulkhead WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. Yes No X Not Applicable Residential use of propert~ on establish lot will not adversely impact Peconic Bay 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. X Yes No Not Applicable Peconic Bay is adiacent to development of parcel, however, construction activity is minimal for the deck. The Gazebo replaced a landing with seats and no activity_ is proposed to beach stairs. Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. Yes No X Not Applicable Area has not developed for agriculture. North Parish Drive is private residential development. 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 X Not Applicable Single family residential home is deemed by the Town of Southold as an appropriate permitted use with no significant drain on existing energy and mineral resources. *copy of Town form created on 5/25/05 Board of Trustees Town of Southold Main Road PO Box 1179 Southold NY 11971 hand delivered PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 September 27, 2011 Re: GILBERT Premises: 1095 N. PARISH DRIVE, SOUTHOLD Dear President Doherty and Board Members: With reference to above, enclosed please find an orzginal and two copies of a wetlands application together with my clients check in the amount of $250.00 representing the filing fee. Please place this matter on your next available calendar. Thank you and please do not hesitate to call should you have any questions. Very tru~ yours, Q-~icia C. Moore encls. c: Mr. Frank Gilbert N · ~ i,F,D 0;: '~ O',','N OF .,¢,0U7; ;: L'..i;.: NO~r~r SURVEY OF PROPERTY A T BA YVIEW TO WN OF SOUTHOLD SUFFOLK COUNTY, N. Y~ lO00-?l-Ol-ll $CAL~: 1~$0' MA?' ~B, 20~ dULY 6~ 2Oil f[~CK STAIRS] AREA=20,970 SO. FT. TO TIE LINE I =MONUMENT ANY ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 72090F THE NEW YORK STATE EDUCATION LAW.. EXCEPT AS PER SECTION 7209-SUBDIVISION 2. ALL CERTIr"7CATIONS HEREON ARE VAUD FOR THIS MAP AND COPIES THEREOF ONLY IF SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR WHOSE SIGNATURE APPEARS HEREON· /P/ECONIC ~LI)~vVEYORS, P. C. (651) 765-5020 FAX (631) 765-1797 P.O. BOX 909 1230 TRAVELER SmEETI, Sour~oLo. S.r. ,797, ~11--149