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HomeMy WebLinkAboutTR-7695 Jill M. Doherty, President Bob Ghosio, Jr., Vice-President James F. King Dave Bergen John Bredemeyer 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 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 1 st day of construction ~ constructed _~ Project complete, compliance inspection BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 7695 DATE: DECEMBER 14~ 2011 ISSUED TO: SUSAN MAGRINO-DUNNING PROPERTY ADDRESS: 925 STEPHENSONS RD.~ ORIENT SCTM#17-1-2.1 AUTHORIZATION Pursuant to the provisions of Chapter 275 and Chapter 111 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 December in consideration of application fee in the sum of $500.00 paid by and Conditions as stated in the Resolution, the Southold Town Board of Trustees authorizes and permits the following: Wetland Permit for the rehabilitation of the existing dwelling and deck including deck replacement, new siding, new windows, porch enclosure, expanded entry, new and to repair the existing foundation on the eastern portion of the dwelling, and as depicted on the survey prepared by John C. Ehlers dated November 20, 2010. 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. Dave Bergen Bob Ghos±o~ Jr. TERMS AND CONDITIONS The Permittee, Susan Magrino-Dunnin~. reaidine at 925 Stephensons Rd., Orient, NY 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 permit, 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 be 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 canse 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. That the said Board will be notified by the Permittee of the completion of the work authorized. That the Pennittee 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 Ghesio, 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 December 14, 2011 Mr. Bruce Anderson Suffolk Environmental Consulting, Inc. P.O. Box 2003 Bridgehampton, NY 11932 RE: SUSAN MAGRINO-DUNNING 925 STEPHENSONS RD., ORIENT SCTM#17-1-2.1 Dear Mr. Anderson: The Board of Town Trustees took the following action during its regular meeting held on Wed., December 14, 2011 regarding the above matter: WHEREAS, Suffolk Environmental Consulting, Inc. on behalf of SUSAN MAGRINO-DUNNING applied to the Southold Town Board of Trustees for permits under the provisions of Chapter 275 of the Southold Town Code the Wetland Ordinance, and Chapter 111 Coastal Erosion Management, applications dated November 17, 2011, and, WHEREAS, said applications were 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 recommended that the application for the existing structure located seaward of the Coastal Erosion Hazard Line be found Inconsistent with the Local Waterfront Revitalization Program policy standards, and, WHEREAS, a Public Headng was held by the Town Trustees with respect to said applications on December 14, 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, WHEREAS, the Board has considered all the testimony and documentation submitted concerning these applications, and, WHEREAS, the structure complies with the standards set forth in Chapter 275 of the Southold Town Code, and, WHERAS, the Board of Trustees determined that the existing structure located seaward of the Coastal Erosion Hazard Line was constructed prior to the enactment of Chapter 111 Coastal Erosion Hazard Area Law by the Town, and therefore does not require a Coastal Erosion Permit, and, 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 based on all the history, documentation, and personal inspection of the property, and other evidence, the Board of Trustees deems the action to be Consistent with the Local Waterfront Revitalization Program pursuant to Chapter 268-5 of the Southold Town Code and, BE IT FURTHER RESOLVED, that the Board of Trustees approves the application of SUSAN MAGRINO-DUNNING for the rehabilitation of the existing dwelling and deck including deck replacement, new siding, new windows, porch enclosure, expanded entry, new roof, and to repair the existing foundation on the eastern portion of the dwelling, and as depicted on the survey prepared by John C. Ehlers dated November 20, 2010. 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: $50.00 Very truly yours, J; 'ol a rl~o~3Th reur tsYt~eP;esident ~/ JMD:lms NOTES~ · O BOARD OF T~U3T~:E$ TOWN OF SOUTHOLD DATE FIONUFIENT FOUND PIPE FOUND N48°17,00,,W PAROEL ALSO SHO!MN ON SURVEY OP THE "C, EDARS" PROPERTY OP FlAR¥ Ici. 5TEPHENSON FILED JULT' II, IqO¢, PILE No..4-21 AS PART OF PLOT E ~t PART OF PLOT X. tELEVATiON5 REFERENGE N®VD'2q FLOOD ZONE ANNOTATED PROM PIRI"d FlAP NUFltDER ~6,1OD6.OO64 H SEPT, 25, 2OOq C-OASTAL EI~.OSION HAZAF2~ LINE ANNOTATED Ff~OFl COASTAL EROSION HAZARD APJEA FiAP PHOTO No. 4T-051-SD SHEET 18 OF 4q ®P-.APHIC, SCALE I"= 50' AFtrA = DT,405 5.F. or' O.85&q AC. RE SUt~VE'T' OF Pt~OPERT"r' SITUATE: ORIENT TOINN.. SOUTHOLO SUFFOLK COUNT'C, NY SUi~VE'YEE? 11-20-2010 SUFFOLK. C, OUNT"K TAX ~¢ 1000-1-/'-1-2.1 C-'F_~ TO: 0 40 80 120 ~l~ /_~_,/ TOWi~ OF SOUTHOLD P~J)PERTY REC:ORD CARD OWNER STREET C~ '~ ~ VILLAGE DIST. SUB. LoT ~ND IMP. TOTAL DA~E RE~RKS ~ : ( ~LKH~D 9/89 ~/t. Bldg. /.~ ~ J y' .~ .Z ~ ~"~ Foundation_ P~> ~ ~ Both Dinette ~ensi~ /~x ~7 ~ ~ ~ ~ ~ l~o t~ 3~ Basement ~./D Floom ~//{/~ K, ~ion I~ ~ ~/ *AIO ~. Wal[s ~ J~//~t{g [nteri°r Finish ~'gL~ LR- ~iOn. . , ~0 ~ qO ~oo~ ~0 FirePtace $, g./~ ~ H~t 4~0 DR. ~"~ ~m~ 1~ Flor ~.~ .,,.~ Type ~f ~ ~ ~ . ~h', f g ~7 = ~ Recreation Roan Rooms 2nd Flool . FIN. B, _. P~tio I7.-1-2.1 4fll COLOR TRIM 1st 2n~ M. 81dC. t~-X2.~ >7~CaO'~ Foundation PC ca OmE~ Bath Dinette (7¢ ~ ~ ~ ( ~ ~ ~ Basement s~s~ ~ Floo;s KiL Extension ,~.~ ~Z,, ; ~ ~ Finished B. interior Finish Extension Fire Place H~t D.R. Garage 2~ (~ : ~ (~ ~¢ ~t. Wa[ts ~rc~ ~ ~ ~ ~ c ~ , ~ ~ ~ Dormer ~ths Pool Fo~ A.C. ~ b ~ ~ ~ ~ ~und~ Dock ~ Peter Young, Chairman Lauren 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., December 7, 2011, the following recommendation was made: SUSAN MAGRINO-DUNNING for the rehabilitation of the existing dwelling and deck including deck replacement, new siding, new windows, porch enclosure, expanded entry, new roof, and to repair the existing foundation on the eastern portion of the dwelling. Located: 925 Stephensons Rd., Orient. SCTM#17-1-2.1 The CAC did not make an inspection, therefore no recommendation was made. Jill M. Dohelly, Pl~sident Bob Ghosio~ Jr., Vice-President James F.,King Dave Beqgen P.O Box 1179 Southold, NY 11971 Telephone (631 765-1892 Fax (631) 765-6641 Southold Town Board of Trustees Field Inspection/Worksession Report Date/Time: I O~ -'-7'- [/r Suffolk Environmental Consulting, Inc. on behalf of SUSAN MAGRINO-DUNNING requests a Wetland Permit and Coastal Erosion Permit for the rehabilitation of the existing dwelling and deck including deck replacement, new siding, new windows, porch enclosure, expanded entry, new roof, and to repair the existing foundation on the eastern portion of the dwelling. Located: 925 Stephensons Rd., Orient. SCTM#17-1-2.1 ~al~Wf area to be impacted: ater Wetland Freshwater Wetland Sound Bay Distance of proposed work to edge of wetland Part of Town Code proposed work falls under: __Chapt.275 Chapt. 111 other Type of Application: ~Wetland ~Coastal Erosion __Administrative__Emergency Pre-Submission __ __Amendment Violation Info needed: - Modifications: Conditions: ~ ' [~J. King Pr.,ese/p,t Were: J. DohertyO~B. Ghosio . __ (,~3. Bredemeyer D. Dzenkowski --other Form filled out in the field by L~D'. Bergen, Mailed/Faxed to: Date: BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehfinger George Homing Ken Schneider Southold Town . 53095 Main Road ° P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Yoangs Avenue) Southold, NY 11971 http://southoldtown.northfork.net RECEIVED ZONING BOARD OF APPEALS /L~ 1 TOWN OF SOUTHOLD °c~ F~D~GS, DEL~E~TIONS A~ DETE~~ . . ~ET~G OF NOVE~ER 3, 2011 ~nol~ Town {lark ZBA FILE: 6506 NAME OF APPLICANT: Susan Magrino-Dunning SCTM# 1000-17-1-2.1 PROPERTY LOCATION: 925 Stephenson Road (adj. to Long Island Sound) Orient, NY. SEQRA DETERMiNATiON: The Zoning Board of Appeals has visited the properly 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 31, 2011 stating that this application is considered a matter for local determination as them appears to be no significant county-wide or inter-community impacL LWRP: This application was referred for review 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 December I, 2009. 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 EXEMPT from Coastal Consistency Review. PROPERTY FACTS/DESCRIPTION: Parcel is a non- conforming 37,405 sq. ft lot improved with two as built dwellings and a small garage. It has 93.80 feet on the L.I. Sound, 416.91 feet along the westerly property line, 125.00 variable feet along the southern property line and 431.16 feet along the easterly property line. It is noted that this is an odd shaped lot as shown on the survey dated 11-20-2010 prepared by John C. Ehlers, LS. BASIS OF APPLICATION: Request for Variance from Article XXIII Code Section 280-124 and the Building Inspector's May 31, 2011, updated August 1 l, 2011 Notice of Disapproval based on an application for building permit for "as built" addition/alterations to a single family dwelling at, 1) side yard setback of less than the code required 15 feet. RELIEF REQUESTED: The applicant built an addition of approximately 61 square feet onto the front of the dwelling with 7.6 foot side yard setback where the code requires 15 feet. ADDITIONAL INFORMATION: It is noted in the LWRP memorandum that it appears that renovations and a new deck were made to the seaward side of the dwelling without a Chapter 111 Coastal Erosion management Permit or a Chapter 275 Wetlands Permit. During the hearing the applicant's agent confirmed that there are discrepancies between the plan attached to the existing CO and the survey submitted to the Board of Appeals in connection with the variance request. Moreover, he acknowledged that additions and alterations were completed on Page'2 of 3- NoYember 3,2011 ZBA File#6506 - Mangrino-Dunning the seaward side of the dwelling and that an updated CO should be obtained. He also explained that the current non-conforming side yard setback of 7.6 feet was the result of an error by the applicant's builder. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application October 6, 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 tree and relevant and makes the following f'mdings: I. Town Law Sec.267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. The applicant is requesting a variance for a non-conforming side yard setback for "as built" alteration of 60.7 sq. fi. to this seasonal dwelling. The parcel is accessed by a private right of way and is heavily vegetated with privacy screening. The addition is adjacent to a walking footpath to the beach and is not visible from other nearby dwellings.. 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 side yard setback prior to the addition was at 9 feet, any additions to this side of the dwelling would require a variance. 3. Town Law §267-b(3)(b)(3). The variance granted herein is substantial. However, the additional encroachment of 1.6 feet is not substantial based on the original 9 foot non-conforming setback and the fact that there is a R.O.W. to the beach adjacent to the subject side yard rather than a dwelling. 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 dwelling is fitted with gutters and leaders to control roof runoff on site as per code. 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 purchase. 6. Town Law §267-b Grant of the requested relief is the minimum act.ion necessary and adequate to enable the applicant to enjoy the benefit of the alteration to this 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 alt 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 Weisman (Chairperson), and duly carried, to GRANT, the variance as applied for and shown on the survey prepared by John C. Ehlers, Surveyor, dated 11/20/2010. Subject to the following condition: 1. The applicant shall apply for the required Coastal Erosion Management permit, wetlands permit and building permit for the additions and alterations to the seaward side of the dwelling and obtain an updated CO for the subject dwelling. 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. Page ~ of 3 November 3, 2011 ZBA File#6506 - Mangrino-Dunning 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. Vote of the Board: Ayes: Members Weisman (Chairperson), Goehringer, Dinizio, Homing. (Absent was: Member Schneider) This Resolution was duly adot~ted (4-0). Leslie Kanes Weisman, Chairperson Approved for filing/// /O7/2011 James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 June 18,2008 BOARD OF TOWN TRUSTEES TOVVN OF SOUTHOLD Mr. Matt Ivans Suffolk Environmental Consulting, Inc. P.O. Box 2003 Bridgehampton, NY 11932 RE: SUSAN MAGRINO DUNNING 925 STEPHENSON'S RD., ORIENT SCTM#17-1-2.1 Dear Mr. Ivans: The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wed., June 18, 2008: WHEREAS, Suffolk Environmental Consulting, Inc. on behalf of SUSAN MAGRINO DUNNING applied to the Southold Town Trustees for an Amendment to Wetland Permit #6257 under the provisions of Chapter 275 of the Southold Town Code1 the Wetland Ordinance of the Town of Southold, and Coastal Erosion Permit #6257C under the provisions of Chapter 111 of the Southold Town Code, Coastal Erosion Hazard Areas, application dated May 9, 2008, 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, the structure complies with the standards set forth in Chapter 275 and Chapter 111 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, BE IT FURTHER RESOLVED, that the Southold Town Board of Trustees APPROVE the Amendment to Wetland Permit #6257 and Coastal Erosion Permit #6257C to demolish the existing single-family dwelling and rear deck/steps, and construct a new single-family dwelling, rear decking, swimming pool and hot tub, and as depicted on the survey prepared by John C. Ehlers last dated April 21,2008. This is not a determination from any other agency. Sincer~y, , Board of Trustees JFK:lms 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 March 23,2011 BOARD OFTOWNTRUSTEES TOWNOFSOUTHOLD Mr. Matt D. Ivans Suffolk Environmental Consulting, Inc. P.O. Box 2003 Bridgehampton, NY 11932 RE: SUSAN MAGRINO-DUNNING STEPHENSON'S RD.,ORIENT SCTM#17-1-2.1 Dear Mr. Ivans: The Board of Town Trustees took the following action during its regular meeting held on Wed., March 23, 2011 regarding the above matter: WHEREAS, Suffolk Environmental Consulting, Inc. on behalf of SUSAN MAGRINO- DUNNING applied to the Southold Town Trustees for permits under the provisions of Chapter 275 of the Southold Town Code the Wetland Ordinance, and Chapter 111 Coastal Erosion Management, applications dated Mamh 1,2011, 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, in accordance with Chapter 268, said application was found to be Exempt from the Local Waterfront Revitalization Program policy standards, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on March 23, 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, 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 APPROVES the applications of SUSAN MAGRINO-DUNNING to repair the foundation of the existing single-family dwelling, and as depicted on the survey prepared by John C. Ehlers dated November 20, 2010. 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 k~OOherty, p~ Boated of Trustees JMD/Ims MA GR INO-D UNNING Property Situate: Right-of-Way off Bird's Eye Road; Orient; Town of Southold, NY SCTM #: 1ooo - o17 - 01 - 00~.1 Jill M. Doherty, President Bob Ghosio, Jr., Vire-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 MAGRINO-DUNNING 925 STEPHENSON'S RD., ORIENT SCTM#17-1-2.1 REFUND - CEHA APPLICATION/AS-BUILT FEES TOWN OF SOUTHOLD BOARD OF TOWN TRUSTEES P.O. BOX 1179 SOUTHOLD, NY 11971 Suffolk Environmental Consulting, ~AY TOTH~ ~O~ Five hundred and 00/100 .............................................. 1061 DATS December 23, 2011 Tho. I $i ~°0' °~.° Re fund-Magrino Dunning r~o wry. ~_~,~ _ o sood-Z~ ?o,.,,. 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: December 11, 2011 Re: Proposed Wetland Permit for SUSAN MAGRINO-DUNNING SCTM#1000-17-1-2.1 Suffolk Environmental Consulting, Inc. on behalf of SUSAN MAGRINO-DUNNING requests a Wetland Permit and Coastal Erosion Permit for the rehabilitation of the existing dwelling and deck including deck replacement, new siding, new windows, porch enclosure, expanded entry, new roof, and to repair the existing foundation on the eastern portion of the dwelling. Located: 925 Stephensons Rd., Orient. SCTM#17-1-2.1 Note that in 2005 the Southold Town Trustees issued Chapter 275 and/or Chapter 111 permits to demolish and reconstruct a single family residence on the parcel. The permits include: NO. 6257 - Wetland Permit to demolish the existing single-family dwelling and rear deck/steps, and construct a new single-family dwelling, front porch/entryway, rear porch, rear deck, swimming pool, sanitary system, and private well, with the condition that the area seaward of the coastal erosion line be replanted with native species after construction, and all as depicted on the plans surveyed by John C. Ehlers dated 11/9/05 and the planting plans prepared by Suffolk Environmental Consulting, Inc. dated 12/20/05 Figure 1. Board of Trustee approved plan pursuant to Permit NO 6257. %. Fiqure 2. Board of Trustee survey showinq bluff contours and CEHA. Fi,qure 3. Board of Trustees re-vegetation plan pursuant to Permit NO 6257 Permit 6075 has since EXPIRED. NO. 7503&7503C - Wetland Permit and Coastal Erosion Permit to repair the foundation of the existing single-family dwelling, and as depicted on the survey prepared by John C. Ehlers dated November 20, 2010 (Figures 3 & 4). Figure 3. Board of Trustees approved survey for Permit NO. 7503C Figure 4. Close up of structure as-built. Figure 5. 2005 Survey of residential structure. Note that the structure dimensions do no match dimensions of the residential "as built plans". 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 INCONSISTENT with the LWRP policy standards and therefore INCONSISTENT with the LWRP. The property owners did not build the structure to the plan approved by the Board of Trustee permit NO. 6257, which relocated the entire structure landward of the CEHA, rather they chose to renovate the structure in place with repairs to the foundation. In 2011 repairs to the foundation was applied for and granted by the Board of Trustees under permits NO's 7503 and 7503C. However, it appears that renovations of the structure and a new structure (deck) were built seaward of the Coastal Erosion Hazard Line (see Figures 6 through 9). Policy Standards Avoid development other than water-dependent uses in coastal hazard areas. Locate new development which is not water-dependent as far away from coastal hazard areas as practical. a. No development is permitted in natural protective feature areas, except as specifically allowed under the relevant portions of 6 NYCRR 505.8. It appears that renovations to the structure and a new structure (deck) attached to the residential structure were built seaward of the Coastal Erosion Hazard Lin~. and adjacent to a Iow bluff without a Coastal Erosion Manaqement Permit or Wetlands Permit (See fiqures 6 - 9). Figure 6. Subject parcel BING 2006 Photo-set. Figure 7. Subject parcel showing structure in 2006. Figure 8. Subject parcel and CEHA line (red line). Figure 9. Subject parcel Google 2010 photo set showing expansion of structure in CEHA. Pursuant to Chapter 268, the Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Lori Hulse, Assistant Town Attorney Office UseOnly X Coastal Erosion Permit Application X Wetland Permit Application AmendmenffTransfer/Extension ~Received Application: ~ttJ/]")]/I ~Received Fee:$ ],l~l~ /'0~ ~llf~) ~Completed Applic~tio-n: ~17 ] 771! Incomplete: __SEQRA Classification: ___Type I Type II Unlisted_ __ Coordination(date sent) 7LWRP Consistency Assessment Form: ~-CAC Referral Sent: I Ih l II ~Date of Inspection: I.~-]-]fl] __Receipt of CAC Report: __Lead Agency Determination Technical Review: ~ Public Hearing Held: I~l ~l/It Resolution: Administrative Permit Name of Applicant SUSAN MAGRINO-DUNNING Address 2 Sutton Place South - Apt. 17D New York, NY 10022 Phone Number: Suffolk County Tax Map Number: 1000-017 1 2.1 Property Location: (646) 522-7004 ROW off Bird's Eve Lane, Orient (provide LILCO Pole #, distance to cross streets, and location) AGENT: (If applicable) Address: BRUCE A. ANDERSON f& Suffolk Environmental Consulting, Inc. P.O. Box 2003; Bridgehampton, NY 11932 Phone: (631) 537 - 5160 ~ov 17 l! 03:39p Project Description For Magrino/Dunning Property ApI~ icant seeks a wetland permit and coastal erosion permit authorizing the as- built rehabilitation of the dwelling and deck including deck replacement, new siding, new windows, porch enclosure, expanded entry, and new roof for work completed prior to Applicant's pumhase of property. Applicant also seeks a wetland permit and coastal erosion permit to repair existing foundation on eastern porUon of dwelling. ~o~ 17 11 03:38p p.1 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 Anderson, M.S., President Via Facsimile November 16, 2011 Ms. Jill Doherty, Chairwoman Board of Tmstees Town Hall P.O. Box 1179 Southold, NY 11971 Re'. Situate: SC'TM #: MA GRINO-D UNNING Property ILO.W. off Bird's Eye Lane; Orient; Town of Southold, NY 1000 - 017 - 01 - 002.1 Dear Ms. Doherty, Attached herewith please find a more specific project description fore the application referenced above. Bruce A. Anderson Cc. S. Magrino ~oard of Trustees Application GENERAL DATA Land Area (in square feet): 37, 405 square feet * Area Zoning: R-40 Previous use of property: Intended use of property: Residential Residential Covenants and Restrictions: If "Yes", please provide a copy. Yes X No Does this project require a variance from the Zoning Board of Appeals X Yes No If "Yes", please provide copy of decision. Will this project require any demolition as per Town Code or as determined by the Building Dept. __ Yes X No Prior permits/approvals for site improvements: Agency Trustees Permit No. 6257 Date December 21, 2005 Amendment to Trustees Permit No. 6257 June 18, 2008 Trustees Permit No. 75O3 March 23~ 2011 __ No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? X No Yes If yes, provide explanation: Project Description (use attachments if necessary): Legalize the rehabilitation of the existing dwelling. Board of Trustees Application WETLAND/TRUSTEE LANDS APPLICATION DATA Purposes of proposed activity: Legalize the rehabilitation o[ the existing dwelling. Area of wetlands on lot: 0 .square feet Percent coverage of lot: 0 % Closest distance between nearest existing structures and upland edge of wetlands: 126 feet (ex/sting decking.) Closest distance between nearest proposed structures and upland edge of wetlands: 131 _+ feet (rehabilitated dwelling) Does the project involve excavation or filling? X No Yes If Yes, how much material will be excavated? N/A How much material will be filled? 0 Manner in which material will be removed or deposited: (cubic yards) (cubic yards) 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): No impact to the contiguous tidal waters in that the nature of the work was rehabilitation as well as very minor structural improvements to the existing dwelling and attached deck. In that these activities have resulted in absolutely no impact to the surrounding waters since completion, we do not anticipate an,/impact in the future. Board of Trustees Application COASTAL EROSION APPLICATION DATA Purposes of proposed activity: Legalize the rehabilitation of the existing dwelling. Are wetlands present within 100 feet of the proposed activity? X No Yes Does the project involve excavation or filling? X No Yes If Yes, how much material will be excavated? 0 How much material will be filled? 0 Manner in which material will be removed or deposited: cubic yards) (cubic yards) N/A Describe the nature and extent of the environmental impacts reasonably anticipated resulting from implementation of the project as proposed. (Use attachments if necessary) None. The nature of the work was rehabilitation as well as very minor stmctural improvements to the existing dwelling and attached deck. In that these activities have resulted in absolutely no impact to the surrounding environment since completion, we do not anticipate any impact to the environment in the futura. Jill M. Doherty, President Bob Ghosio, Jr., Vice-President Jmnes F. King Dave Bergen John Bredemcyer Town Hall, 53095 Main Rd. P.O. Box 1179 Southold, NY 11971 Telephone (631 ) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD In the Matter of the Application of SUSAN MAGRINO-DUNNING COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING I, _~..~ F__~_/¢./5)M~/ , residing at/dba being duly swom, depose and say: / That on the c~sday of 1~z3.~ 2011, I personally po, sted the property known as by placing th~ Board of~Tmst'e3s O~l~lral ~oster where it can easilY, b~ seen, and tt{a{ I h/ave checked to be sure the poster has remained in place for eight days prior to the date of the public hearing. Date of hearing noted thereon to be held Wed, December 14, 2011 on or about 6:00 PM. Dated: ~~ture) ~ /ff~',~ · Sworn to before me this day ~ Notar/;t~blic ',' ,,, York ,k County ., 0';~' january 22,201~1 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 Anderson, M.S.. President December 5, 2011 Ms. Lauren Standish Board of Trustees Town Hall P.O. Box 1179 Southold, NY 11971 Situate: SCTM #: MAGRINO-DUNNING Property R.O.W. offBird's Eye Lane; Orient; Town of Southold, NY 1000 - 017 - 01 - 002.1 Dear Ms. Standish, As you know this Firm represents the owner of the properly referenced above who is seeking to improve thereon. As per the hearing requirements of the Southold Board of Trustees I enclose herewith: Affidavits of Mailing dated December t, 201 I, with certified receipts attached to alt abutting property owners. Please be advised that we wilt forward to you the green receipts cards as we receive them. Should you have any questions concerning this matter, please feel free to contact this office at any time. Thank you in advance for your attention and consideration. Sincerely, Diane K. Wassick eric, cc: Ms. Magrino- Dunning Name: Lewis Edson Donna Tweedie Anthony Aquino Susan Hahn Aquino Ubaldo & Dorothea DiLorenzo Charlotte Green PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Address: P.O. Box 939; Cutchogue, NY 11935 P.O. Box 196; Orient, NY 11957 P.O. Box 391; Orient, NY 11957 5 Clarendon Place; Scarsdale, NY 10583 P.O. Box 566; Orient, NY 11957 STATE OF NEW YORK COUNTY OF NEW YORK Diane K. Wassick c/o Suffolk Environmental Consulting! Inc., residing at 2322 Main St.; Newman Village Suite E; P.O. Box 2003; Brid~eham~tonr NY 11932 ,.being duly sworn deposes and says that on the I~ day of ~_~z~ .~ , 201--1, deponent mailed a true copy of the Notice set forth in the Board of Trustees Application, directed to each of the above named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the address of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office at Brid~eham~ton , that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to before me this /~;~ Postage Total POstage & Fee DEC b~t Return Receipt Fee (Endorsement Required) Total Postage & Fees $ ~.~ [~,-~',':~9EF-'-V~---:{'"'~c, ........... ~ ................................. L°'P°"°x~°' ~"~,'.cm.. / ~ ~,'~;~" ......................... ~ ....... ~' .............. Postpro $0.44 Certified Fee Re um ReCeipt Fee (Endorsement Required) Restrl~ed DeBve~ F~ (Endomement R~ired) Total Pos~ge & Fees ~ Total Postage & Fees $ ,-. ................ : ...... ,~..~-_E/- ........................ ~'~/"~o~. ,.~,~- ............. Postage Return Receipt Fee ~EC ~ ~ Total POstage & Fees $5,59 m 14-16-4 (9/95)-Text 12 PROJECTI.D. NUMBER 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART 1- PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT/SPONSOR 2. PROJECT NAME Suffolk Environmental Consulting, Inc. MAGRINO-DUNNING Property 3. PROJECT LOCATION: Municipality Town of Southold County Suffolk SEQR 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc. or provide map) R.O.W. off' Bird's Eye Road; Orient; Town of Southold, Now York SCTM#: 1000 017 01 002.1 5. IS PROPOSED ACTION: [] New [] Expansion [] Modification/alteration DESCRIBE PROJECT BRIEFLY: Legalize the rehabilitation o/the existing dwelling and attached deck. 7. AMOUNT OF LAND EFFECTED: Initially < 0.1 acres Ultimately < 0.1 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [] No If No, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [~ Residential [-h ndustrial [-~Commercial [--IAgriculture [-IPark/Forest/Open space E-lUther Describe: Similar private single-family dwellings and 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 Southold Building Department approvals. 11. 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 [2~ Iv~- Suffolk Environmental Consulting, Inc. Date: November 16, 2011__ If the action is in the Coastal Area, and you are a s~gency, complete the Coastal Assessment Form before proceeding with this assessment OVER PART II- ENVIRONMENTAL ASSESSMENT (To be completed by Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.127 use the FULL EAF. [] Yes [] No If yes, coordinate the review process and B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 If No, a negative declaration may be superseded by another involved agency. [] Yes [] No C, COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) 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 species? 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 term, short term, cumulative, or other effects not identified in C1-C57 Explain bdefly: C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly: D. WILL THE PROJECT HAVE AN iMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CEA? [~Yes [-INo D. 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 rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; 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 Il 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 necessary, the reasons supporting this determination: Name of Lead Agency Pdnt or Type Name of Responsible Officer Signature of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Preparer (if different From responsible 2 PART II - IMPACT ASSESSMENT (To be completed by Lead Agency) A. DOES ACTION EXCEED ANy TYPE I THRESHOLD IN 6 NYCRR, PART 617.47 If yes, cooeclinate the re~iew ixocess aed use the FULL EAF. I-lYes ~'~No B. 1/VILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED AC'lIONS IN 6 NYC~R, PART 6t?.67 If No, a negative declaration may be supe~edad by anMher im~ived agency. [~] Yes r~No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED ~MTH THE FOLLOWING: (Answers may be handw~tten, If legFale) Cl. Existing air quaaty, su~taue or groundwater quality or quantity, n<Y~se levels, existing traffic paifem, solid waste pm<london or disposal. potential for erosion, drainage or flooding pro. ems? E.~lain briefly: I C2. Aesthetic~ agl~ultoral, archaeological, hletodc~ or other natural or cultural resoumes; or community or uelghbeltload dlorac~ef? ~ b~. C5. Growth, subsequent development, or related activi/ies likely to be Induced by the proposed action? I=~ul briefly: I C6. Long term, short term, cumulative, or olher effects not identified in C1-C57 Explain briefly: i, C7..Olher Impacts ~incledint] changes in use of either quantity or I}~)e of eries},? F-Jcplain brleflF / O. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARAC'~ERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ~::~ ~'CesN ME ~'~TALNoA I" ': ~CEAI ? IIf yes' explain 'brieflY: I E. ISTHERE, I'~N° I ~"-1TM OR IS THERE LIKELY TO SE; CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONUF. kq'AL IMPACTS'? PART III - ul= I I=I~#NATION OF SIGNIFICANCE (To be completed by Agency) . INSTRUCTIONS: For each adverse effect identified above, detemline whether it is substsntial~ large, Impe~lnt or othenvtse s~lnificanL Each effect should be assessed in connection ~ its (a) set,rig (i.e. uCoan or rural); (b) prob~ of oocunJng; (c) dura~o~: (d) krevena'bllity; (e) geographic soope; end (0 magnitude. If necessary, add attachments or reference aupporling matmlals. Ensure that explanations contain yes, the de~ermthaiton of significance must evaluate the potential impact of the proposed action on the environmental chamc~isflcs ofl~e CEA. WILL NOT result In any rdgnl~lOor~ adverse Onvlmnmentsl Impacts AND peovfl~, On atlechmer~ as necessary, the masons auppofifng detennlnaeon. Board of Trustees / ~2._. ~_// Name of Lead Age~'tcy Date · Jill M. Doherty President Print or Type Name of Respgnsible Officer in Lead Agency Title of Responsible Officer I ~/~.//'~/'S~l:ure ° f~T~bsible'~"~l~ Le ad AgeslcY Slgrlature of PrepaPar ,if diffel~nt from respo~lslble o ft~er,  Town of Southold Erosion, Sedimentation & Storm-Water Run-off ASSESSMENT FORM 1000- 017- 01- 002.1 ~ ~ m~ ~ ~-, ~i,~4/A ...... ~i~~ $COPE OF WORII - PROPOSED CONSTRUCTION ITEM# / WORIi. ASSF.,~ [ Yes No (Inck~e Tolal Ama of MI Parc~s located wilh~ 0.86 acres I cie~ing and/or conslnx:tkm ~:~,l~es as w~l as ~11 ~dto~ O,vur~ Oisa~o~.~ ~ ~ s~s~ < 0.01 acre. PROVIDE BIU~ PROJE, CT DESCIUI'TION o~,~.*,,~,~,~,,~...,,m~ This application is for the rehabilitation to the existinff Skis ~ Sudac~ W~r ~ awe' n attac' d ,, of subject property, prepared by JOHN C. EHLERS, L.S. for further specifications, m ~ ~ ~ ~ m ~ E~~~F~ (5,~ S.F.) ~ F~ ~ ~ ~? 6 Isma~wm~~~ ~? Is~~ ~T~~ / ~'AI~ OF N~ YO~ SUFFOLK ~U~ OF ............................... BRUCE A. ANDERSON ~ SUFFOL~ .......... ~.,[ ENVIRONMENTAL CONSULTING, INC. ~ d~Y s~m, de~s ~d ~ ~t ~s~ is ~e ~plic~t for Pe~t, .................... ~.a.~ ~;-; ~ .................... AGENT ............................................ C~:~:~~:~:i ................................................................ ~ ad ~lc ~ applicon; ~al il ~cac.~ ~ i. ~ appE~ ~ ~ to ~ ~si ~his ~o~cd~ and ~*[; .......................... ~~i~;~'~:'~ ~' ...... X/ I / /I ~ FORM - 06/10 Commission Exphes January 22, 20'~ Board of Trustees Application AUTHORIZATION (where thc applicant is not the owner) l, SUSAN MAGRINO-DUNNING residing at 2 ,SUTI-ON PLACE APT, 17D; (print owner of property) (mailing address) New York. NY do hereby authorize Suffolk Environmental Consultin(~, Inc. (Agent) to apply for permit(s) from the Southold Board of Town Trustees on my behalf. (Own~'s m~nattire) Board of Trustees Application County of Suffolk State of New York REPRESENTATIVES(SO, TO ENTER~.Q,NTO MY PROPERTY TO INSPECT f -- Signature'~V -- SWORN TO BEFORE ME THIS /~ DAY OF_~~..,_, 20 ~_~_. BRUCE A. ANDERSON- Suffolk Environ. Consulting~ Inc. BEING DULY SWORN 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 HARMELESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY BIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR THE APPLIC ANT/A GENT~REPRE SENTATIVE TRANSACTIONAL DISCLOSURE FORM YO~ SUSAN MAORINO-DU~ING E~on ~n pla~ or o~a~ ~ Piing Y~ NO · . VE~C'~P~ON d~ lUal.~TlONdtm' ?orm TS I Signature~ ~9"~. ,~'~,.,4.~[./.~_~ ~ PcintN~m¢ ~VS~ ~. b~t ~ DESO~ D~GONE No~ Publlc, State of N~ Yo~ No. 01DR6028296 Qualified in Bronx Cou~ Commission Expires July 26, 20t3 7 Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the 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# 017 01 002.1 The Application has been submitted to (check appropriate response): Town Board [] Planning Dept. [] Building Dept. [] Board of Trustees [] Zoning Board of Appeals [] 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: Legalize the rehabilitation of the existing dwelling and attached deck. Location of action: Site acreage: R.O.W. off Bird's Eve Roadl Orient, New York 0.86 acre -+ Present land use: Improved with single family dwelling & related appurtenances Present zoning classification: 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: Susan Magrino-Dnnning (b) Mailing address: 2 Sutton Place South - Apt. 17D; New York, New York 10022 (c) Telephone number: Ama Code ( 646 ) 522 - 7004 (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 This application is for the rehabilitation to the exst n.q dwe n,q and a~ached deck. No impact to any condition or quality within the Town of Southold will result from the minor nature of this activity. 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 This application is for the rehabilitation to the existin,cI dwellin,q and altached deck, No impact to the historic and/or archaeo o.q cai resources within the Town of Southold will result from the minor nature of this activity. Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southoid. See LWRP Section III - Policies Pages 5 through 7 for evaluation criteria [] Yes [] No [] Not Applicable This application is for the rehabilitation to the existin,q dwellin,q and attached deck. Due to the extremely minor nature of this expansion, the visual quality and scenic resources will be maintained, Attach 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 This application is for the rehabilitation to the existin.ci dwellin.q and attached deck. Life, structures and/or natural resources will not be lost as a result of this minor activity. Attach additional sheets if necessary 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 [] Yes [] No [] Not Applicable This application is for the rehabilitation to the existin.ci dwellin.q and attached deck. to water quality and/or water supply is anticipated as a result of this minor activiN. No impact 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 This application is for the rehabilitation to the existingl dwellingl and aHached deck. to the local ecosystem is anticipated as a result of this minor activity. No impact 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 This application is for the rehabilitation to the existin,q dwellin.q and a~ached deck. No impact to air quality is anticipated as a result of this minor activity, Attach 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 This application is for the rehabilitation to the existin.q dwellin.q and a~ached deck. No solid waste and/or hazardous substances/wastes were associated with this minor activity. 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 This application is for the rehabilitation to the existin.cl dwellin,q and attached deck, No existin.q public access within the surroundin,q area has been impacted by this minor proiect. Attach additional 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 III - Policies; Pages 47 through 56 for evaluation criteria [] Yes [] No [] Not Applicable This application is for the rehabilitation to the existin.q dwellin.q and attached deck, The activity is not applicable to water-dependent uses, Attach additional sheets if 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 This application is for the rehabilitation to the existin.q dwellin,q and attached deck. No impact to marine resources is anticipated as a result of this minor activity. 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 T This application is for the rehabilitation to the existin,q dwe n,q and altached deck. No impact to a,qr cultural lands is anticipated as a result of this minor activity, 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 This application is for the rehabilitation to the exist n,q dwe n,q and attached deck, No use and/or development of ener.qy and mineral resources is associated with this minor activity. Attach additional sheets if necessary Created on 5/25/05 l l :20 AM Suffolk Environmental Consulting, Inc. Newman Village, Suite E, 2322 Main Street. P.O. Box 2003. Bridgehamptom New York 11932-2003 (631) 537 5160 Fax: (631) 537-5291 Bruce Anderson, M.S., President Hand Delivered November t6,~011 Ms. Jill Doherty, Chairwoman Board of Trustees Town Hall P.O. Box 1179 Southold, NY 11971 Re.. Situate: SCTM #: MA GRINO-DUNNING Property R.O.W. off Bird's Eye Lane; Orient; Town of Southold, NY 1000- 017-- 01 -- 00~.1 Dear Ms. Doherty, Application is hereby made fbr rehabilitation of the structure and attached decking. Please find attached: (1) Town of Southold Trustees Wetlands Permit Application (original and two ~2~ copies); (~2) Short Environmental Assessment Form (original and two ~2~ copies); Local Waterfront Revitalization Program application (original and two ~e~ copies); (+) Town of Southold Erosion, Sedimentation & Storm-Water Run-Off Assessment Form (original and two [~2] copies); (5) Location Map fbr reference (three ES-] copies); (6) Survey of sub. ject property, prepared by JOHN C. EHLERS, L.S., last dated November ~20, ~2010, indicating the conditions thereon (three ~S~ prints); (7) Check ~nade payable to the Town of Southold in the amount of $~250.O0 covering the requisite application f~e. Kindly commence the review of this application and schedule before the next available Toxin of Southold Board of Trustees meeting. Should you have any questions Hammarth/ regarding this matter, or require additional inforination, please feel free to contact this office at any time. Thank you in advance fbr your cooperation. Sincerely, attachment cc: S. Magrino-Dunning